''..''.'''.'•I,''
1
•
" I
• I m ; ,
"• • -
' ' :•- 1 >..•'.•••••
•I mm i
i 1
I K
m aa i
• m I i
|
- • - . B pP
- :<• . isW -•
. Hji
. i • I '."••'• -- :/.v" y/;/'-".'^. .i"
! ' RI ; ilSil
M •' BJJJ i
ill
' ' '
• -
w . . i
I -
•
i
I --V m -
.
TRANSACT IONS
OF THE
ROYAL HISTORICAL SOCIETY,
k
TRANSACTIONS
OF THE
ROYAL HISTORICAL SOCIETY
EDITED BY THE
REV. CHARLES ROGERS, LL.D.
HISTORIOGRAPHER TO THE ROYAL HISTORICAL SOCIETY; FELLOW OF THE
SOCIETY OF ANTIQUARIES OF SCOTLAND ; MEMBER OF THE HISTORICAL
SOCIETY OF QUEBEC ; MEMBER OF THE HISTORICAL SOCIETY OF
PENNSYLVANIA ; AND CORRESPONDING MEMBER OF THE
HISTORICAL AND GENEALOGICAL SOCIETY OF
NEW ENGLAND.
VOL. V.
LONDON
PRINTED FOR THE ROYAL HISTORICAL SOCIETY
1877
LONDON :
J. AND W. RIDER, PRINTEKS,
BARTHOLOMEW CLOSE.
PREFACE.
THE present volume will, it is hoped, be found in its
contents not unworthy of its predecessors. In their efforts
to secure suitable papers the Council have been unremitting ;
and the interesting discussions which have occurred at the
monthly meetings would warrant the belief that the selec-
tions made were generally approved. The formation of a
Genealogical Section will relieve the TRANSACTIONS from
memoirs relating to family history, and likewise extend the
breadth of the Society's labours. It is at the same time
the Society's aim, apart from its recorded labours, to promote
a general interest in historical inquiries. The Council have
the gratification to report that the membership continues
steadily to increase ; in December, 1875, the Fellows on the
roll were 466; they are now 525.
CHARLES ROGERS,
Historiographer.
SOCIETY'S ROOMS,
n, CHANDOS STREET, CAVENDISH SQUARE, W.,
January, 1877.
CONTENTS.
PREFACE ........ v
CONTENTS ........ vii
OFFICE-BEARERS OF ROYAL HISTORICAL SOCIETY FOR 1876 — 77 . ix
LIST OF FELLOWS OF THE SOCIETY ..... xi
SOME CONSIDERATIONS ON THE ORIGIN OF MONARCHICAL GOVERNMENT.
By G. LAURENCE GOMME, Esq., F.R.H.S. ... i
JOHN FOXE" THE MARTYROLOGIST AND HIS FAMILY. By WILLIAM
WINTERS, Esq., F.R.H.S. ...... 28
Dr. Samuel Foxe ...... 40
Simeon Foxe, M.D. ....... 6l
Dr. Thomas Foxe ...... 63
Captain Robert Foxe . . . . . .71
Henry Wollaston, of Waltham Abbey .... 75
Sir Richard Willys, Bart. . . . . . -79
DOMESTIC EVERY-DAY LIFE AND MANNERS AND CUSTOMS IN THIS
COUNTRY, FROM THE EARLIEST PERIOD TO THE END OF THE
LAST CENTURY. By GEORGE HARRIS, Esq., LL.D., F.S.A.,
F.R.H.S . -83
THE HISTORICAL DEVELOPMENT OF IDEALISM AND REALISM. By
GUSTAVUS GEORGE ZERFFI, Esq., PH.D., F.R.S.L., F.R.H.S. . 117
THE SIEGE OF QUEBEC. By SYDNEY ROBJOHNS, Esq., F.R.H.S. . 144
PASSAGES IN THE LIFE AND REIGN OF HAROLD, THE LAST OF THE
SAXON KINGS. By WILLIAM WINTERS, Esq., F.R.H.S. . . 173
The Genealogy of the God wine Family . . . . 175
An Account of the Bayeux Tapestry . . . .184
Wace's Chronicle of the Norman Conquest . . . 186
The Battle of Stamford Bridge . . . . .188
The Battle of Hastings . . . . . . 190
The Burial of Harold at Waltham Holy Cross . . 197
The Burial of Harold's Tomb ... 207
Harold's Epitaph ....... 208
The Discovery of Early Monumental Remains in the Abbey . 209
Harold's Children . ... . . . 213
The Coins of Harold . ~ . . . 214
V111 CONTENTS.
PAGE
ON THE ESTABLISHMENT OF Swiss FREEDOM, AND THE SCANDI-
NAVIAN ORIGIN OF THE 'LEGEND OF WILLIAM TELL. By JAMES
HEYWOOD, Esq., F.R.S., F.R.ILS. . . . . 216
THE HISTORY OF LANDHOLDING IN IRELAND. By JOSEPH FISHER,
Esq., F.R.H.S. ....... 228
I. The Tanistry or Communal Period .... 236
II. The Scandinavian or Mixed Period .... 256
III. The Norman or Feudal Period .... 264
IV. The Stuart or Confiscation Period . . . . 288
HISTORY OF THE COUNTY OF CILLY. By the Rev. A. H. WRATISLAW,
F.R.H.S. . . . . . . 327
ON THE PHENOMENA OF HISTORICAL REPETITION: A STUDY OF
THE RELATION OF HISTORICAL TO SCIENTIFIC RESEARCH. By
BENJAMIN W. RICHARDSON, M.D., F.R.S., President of the Council
of the Royal Historical Society ..... 339
REHEARSAL OF EVENTS WHICH OCCURRED IN THE NORTH OF SCOTLAND
FROM 1635 TO 1645, IN RELATION TO THE NATIONAL COVENANT.
Edited from a Contemporary MS. By the Rev. CHARLES ROGERS,
LL.D., F.R.H.S 354
"A Litle yet True Rehearsall of Severall Passages of Affairs,
Collected by a Friend of Doctor Alexander's, at Aberdeen " . 358
HISTORICAL NOTICES OF, AND DOCUMENTS RELATING TO, THE
MONASTERY OF ST. ANTHONY AT LEITH. By the Rev. CHARLES
ROGERS, LL.D., F.R.H.S. . . . . . .380
INDEX ......... 413
ROYAL HISTORICAL SOCIETY.
THE RIGHT HONOURABLE EARL RUSSELL, K.G.
THE MOST HON. THE MARQUESS OF LORNE.
THE RIGHT HON. THE EARL OF ROSEBERY.
THE RIGHT HON. LORD TALBOT DE MALAHIDE.
THE RIGHT HON. LORD SELBORNE.
THE RIGHT HON. LORD DE BLAQUIERE.
THE RIGHT REV. THE BISHOP OF CHESTER.
THE RIGHT REV. THE BISHOP OF LIMERICK.
SIR JOHN LUBBOCK, BART., F.R.S., F.L.S.
B. W. RICHARDSON, ESQ., M.D., F.R.S., President of Council
THE RIGHT HON. LORD RONALD GOWER.
PROFESSOR JOHN RUSKIN, LL.D., F.R.S.
JAMES ANTHONY FROUDE, Esq., LL.D.
GEORGE HARRIS, Esq., LL.D., F.S.A.
MAJOR-GENERAL STEWART ALLAN, F.S.A. Scot.
MAJOR-GENERAL W. R. E. ALEXANDER.
JOHN RAE, Esq., LL.D., F.S.A.
REV. GEORGE R. BADENOCH, LL.D.
THOMAS SOPWITH, Esq., M.A., F.R.S., F.G.S.
JOHN S. PHENE, Esq., LL.D., F.S.A., F.G.S., F.R.G.S.
REV. A. H. WRATISLAW, M.A.
WILLIAM CRICHTON HEPBURN, Esq.
JAMES HEYWOOD, Esq., F.R.S.
GUSTAVUS GEORGE ZERFFI, Ph.D.
SYDNEY ROBJOHNS, Esq.
Secretarg anto
REV. CHARLES ROGERS, LL.D., F.S.A. Scot., Grampian Lodge,
Forest Hill, S.E.
^Treasurer.
WILLIAM HERBAGE, Esq., London and South-Western Bank,
7, Fenchurch Street, London, E.G.
^Librarian.
W. E. POOLE, Esq., ii, Chandos St., Cavendish Square, London, W.
LIST OF FELLOWS.
Right Honourable Lord Aberdare.
W. Alexander Abram, Esq.
B. St. John Ackers, Esq.
Lieut.-Colonel Edward Akroyd, F. S. A.
William E. Akroyd, Esq.
Arthur Albright, Esq.
Henry M. Alexander, Esq., New
York.
Maior-General W. R. E. Alexander.
Major - General A. Stewart Allan,
F.S.A. Scot.
A. Allen, Esq.
Charles J. Allen, Esq.
Stephen Merrill Allen, Esq.
Dr. D. H. Altschul, F.R.G.S.,
M. Philo.Soc., &c.
J. R. W. Anderson, Esq.
Frank Andrew, Esq.
William Andrews, Esq.
William Annand, Esq.
Professor Charles E. Anthon, Honorary.
H. S. Ashbee, Esq.
Thomas Aspden, Esq.
Alfred Aspland, Esq.
Josiah Atwool, Esq.
Henry M'Lauchlan Backler, Esq.
Rev. G. R. Badenoch, LL.D.
John E. Bailey, Esq.
J. W. Baines, Esq.
Arthur James Balfour, Esq, M.P.
C. W. Barkley, Esq.
John Barnard, Esq.
J. Barnes, Esq.
T. Squire Barrett, Esq.
Rev. Joseph Chadwick Bates, M A.,
F.R.A.S.
Rev. W. H. Bathurst.
W. J. Beach, Esq., F.R.G S
Right Hon. the Earl of Beaconsfield,
Honorary.
Thomas Belk, Esq.
J. Carter Bell, Esq., F.C.S., &c.
Henry A. Bellingham, Esq.
Major-General W. H. Benham, Esq.
C. Bennett, Esq.'
Captain H. A. Bennett.
Mrs. Angelo Bezzi.
Edward Bibby, Esq., F.R.G. S.
L. Biden, Esq.
J. Binns, Esq.
William Thomas Black, Esq.
William Harriett Blanch, Esq.
Right Honourable Lord de Blaquiere.
A. Winter-Blyth, Esq.
John J. Bond, Esq.
William Henry Booker, Esq.
T. J. C. L. Bordman, Esq
Right Honourable Lord Borthwick.
Lady Bowring, Honorary.
Mark Boyd, Esq.
Rev. William Boyd, LL.D.
Rev. J. Boyes.
Edmund Montagu Boyle, Esq.
Thomas Boynton, Esq.
William Bragge, Esq., F.S.A.
Rev. George Weare Braikenridge,
F.S.A. Scot.
Mrs. Woodhouse Braine.
Isaac Braithwaite, Esq.
Edward Herbert Bramley, Esq.
Thomas Bramley, Esq.
J. Bramley-Moore, Esq., D.L.
F. J. Bramwell, Esq.
William Hutton Brayshay, Esq.
John A. Bremner, Esq.
Richard Brewer, Esq.
Hon. and Rev. J. R. O. Bridgeman.
Charles Bridger, Esq.
Thomas Briggs, Esq.
John Potter Briscoe, Esq.
H. Brittain, Esq.
Major John Britten, R.L.M.
T. C. Brooke, Esq.
Barnard P. Broomhead, Esq.
Cornelius Brown, Esq.
J. Foster Brown, Esq.
R. Weir Brown, Esq.
Xll
LIST OF FELLOWS.
S. Stanley Brown, Esq.
Edward Browne, Esq , W. S.
J. H. W. Buck, Esq.
Sir Charles J. F. Bunbury, Bart.,
F.R.S. "
Major-General Charles J. Burgess.
Joseph Burrell, Esq.
H. Burton, Esq.
John Hill Burton, Esq, LL.D.,
Honorary.
Rev. William Cadman, Prebendary of
St. Paul's.
N. A. Calvo, Esq.
The Marquess de Campobianco.
W. Cann, Esq.
John B. Cardale, -Esq.
Thomas Card well, Esq.
J. Wilson Carillon, Esq., F.S.A.
George F. Carnell, Esq.
Thomas Cave, Esq., M.P.
George Cawston, Esq.
John Chappell, Esq.
The Lord Bishop of Chester.
Colonel Joseph Lemuel Chester.
W. Chesterman, Esq.
David Chinery, Esq., F.R.G.S., £c.
Henry B. K. Chorley, Esq.
Thomas Chorlton, Esq.
Captain J. E. Christie.
Hyde Clarke, Esq., D.C.L.
J. Cleghorn, Esq.
William Clode, Esq.
Thomas Close, Esq., F.S.A.
James C. Clough, Esq.
Ethan Nelson Coburn, Esq.
James Edwin-Cole, Esq.
Everard Home Coleman, Esq.,
F.R.A.S., F.R.G.S.
William Job Collins, Esq. '
Henry Collinson, Esq.
J. Monsey Collyer, Esq.
Rev. Charles H. Collyns, M.A.
John Colston, Esq.
Rev. John Compston.
Samuel Compston, Esq.
Congress Library, Washington, U.S.
Eugene A. Conwell, Esq.
Faithful Cookson, Esq.
John Corbett, Esq., M.P.
Samuel E. Cottam, Esq.
George Courtauld, Esq.
Rev. Samuel Cowdy, LL.D.
J. M. Cowper, Esq.
George R. Cox, Esq.
J. Charles Cox, Esq.
J. W. Crawford, Esq.
Joseph Crawhall, Esq.
Henry W. E. Crofton, Esq.
James Croston, Esq., F.S.A.
Francis Crowe, Esq., LL.D., F.R.G.S.
George Cruikshank, Esq., Honorary.
Alfred Crutwell, Esq., F. G. S.
General the Hon Sir Edward Cust,
K.C.H., D.C.L.
John A. Dalziel, Esq.
J. W. Dangar, Esq.
Rev. T. W. Davids.
William James Davidson, Esq.
Robert Davies, Esq.
J. N. C. Atkins Davis, Esq.
Anthony Davison, Esq.
C. R. Davy, Esq.
Thomas Dawson, Esq.
Robert Richardson Dees, Esq.
Captain Fred. C. Denison.
Rev. B. Dickson, D.D.
G. Wingfield Digby, Esq.
Lin Dillon, Esq.
John Gartside Dimelow, Esq.
James Dixon, Esq.
R. W. Dixon, Esq., D.L.
Edward C. Doggett, Esq.
Rev. John S. Doxey, M.A.
Joseph Drew, Esq., LL.D., F'.R.A.S.,
F.G.S.
Henry Robert Eddy, Esq.
James D. Edgar, Esq., Canada.
William Elmslie, Esq.
Royle Entwisle, Esq.
William Erskine, Esq.
E. Bickerton Evans, Esq.
H. Russell Evans, Esq.
W. Evans, Esq.
William Farr, Esq., M.D., F.R.S.,
Honorary.
C. Duffell Faulkner, Esq.
Sir Joseph Fayrer, K.C.S.I., Honorary.
Charles R. Federer, Esq.
Robert Ferguson, Esq., M.P.
Hamilton Field, Esq.
Joseph Fisher, Esq.
Lieut. -Colonel H. Fishwick.
Edwin F. Fitch, Esq.
William Fooks, Esq., B.A.
John Rawlinson Ford, Esq.
Colonel Lane Fox.
J. A. Froude, Esq., LL.D., Honorary.
Clement S. Best Gardner, Esq.
John Ribton Garstin, Esq., M.A.,
F.S.A., M.R.I.A.
Alfred Scott Gatty, Esq.
Henri Gausseron, Esq., B.A.
LIST OF FELLOWS.
Xlll
Alfred Gliddon, Esq., LL.D.,
Honorary.
G. Lawrence Gomme, Esq.
H. G. Gotch, Esq.
Frederick Gould, Esq.
The Right Hon. Lord Ronald Gower.
J. Graham, Esq.
William Grain, Esq.
H. Sydney Grazebrook, Esq.
Rev. A. L. Green.
Thomas Bowden Green, Esq.
W. J. Green, Esq.
Frederick Griffin, Esq., F.A.S.L.
Richard Clewin Griffith, Esq., M.D.,
F.R.G.S., &c.
Dr. Charles F. Grindrod.
R. B. Grindrod, Esq., M.D., LL.D.,
&c.
Alberto de Guerrico, Esq.
Henry Guest, Esq., Jun.
R. Sandon Gutteridge, Esq., M.D.
John Haddock, Esq.
Alderman S. C. Hadley.
W. J. Haggerston, Esq.
R. G. Haliburton, Esq., Canada,
Honorary.
Rev. Dunbar Stuart Halkett, M.A.
Hugh F. Hall, Esq., F.G.S.
H. L. Hammack, Esq.
Stephen Harlowe Harlowe, Esq.,
F.G.S.
George Harris, Esq., LL.D., F.S.A.
William Fairburn Hart, Esq.
Joseph Hartley, Esq.
J. Harris Heal, Esq.
Edward Charley Healey, Esq.
Henry Healey, Esq.
Thomas Heath, Esq.
John Deakin Heaton, Esq., M.D.,
F.R.C.P.
Henry Heginbotham, Esq.
H. J. Heighten, Esq., F.G.S.
Dr. N. Heinemann.
William Henderson, Esq.
J. G. Hepburn, Esq.
William C. Hepburn, Esq.
William Herbage, Esq., Treasurer.
James Heywood, Esq., F.R.S.
James Higgin, Esq.
James Higson, Esq.
George W. Hill, Esq.
John William Hill, Esq., M.A., Trin.
Coll., Camb.
William Hinmers, Esq.
Professor Edward Hiichcock, honorary.
A. S. Hobson, Esq.
Thomas Hodgkin, Esq.
William Pickering Hodgson, Esq.
Charles Hood, Esq., F. R. S., F. R. A.S.,
F.S.S., &c.
George N. Hooper, Esq.
J. Satchell Hopkins, Esq.
F. J. Horniman, Esq., F.Z.S.,
F.R.G.S.
Frederick Hovenden, Esq.
Robert Hovenden, Esq.
Fretwell M. Hoyle, Esq., F.R.G.S.
Edward Hudson, Esq.
William Hughes, Esq.
David A. Hume, Esq.
William Hunt, Esq.
Henry Hunter, Esq.
Mrs. Hunting.
George Hurst, Esq.
Jonathan Hutchinson, Esq.
Robert Hopwood Hutchison, Esq.
John Hyde, Esq., F.R.S.L.
J. Enkyn Ingram, Esq.
Henry B. Jackson, Esq.
C. R. Jacson, Esq.
Ralph N. James, Esq.
Rev. T. James, F.S.A.
Walter Knight James, Esq.
J. M. Jeffcott, Esq.
Frederick J. Jeffrey, Esq., F.G.H.S.
B. G. Jenkins, Esq.
Henry Irwin Jenkinson, Esq., F.R.G.S.
Llewellyn Jewett, Esq., Cor, Mem.
Ebenezer Septimus Jobson, Esq.
Jabez Johnson, Esq.
Charles E. Jones, Esq.
David Jones, Esq.
Henry Watson Jones, Esq.
James Judd, Esq., F.S.A.
W. J. Kaye, Esq.
William Kelly, Esq.
H. A. B. Kendrick, Esq., F.C.A.S.
Frederick Kent, Esq.
C. B. Ker, Esq.
Abraham Kidd, Esq., M.D., M.R.I.A.
Rev. Edward King, B.A., F.S.A.S.
Henry S. King, Esq.
Kelburne King, Esq.
Captain Samuel Richardson Knox.
J. A. Langford, Esq,, LL.D.
William Lawton, Esq.
John Walter Lea, Esq., F.G.S.
John Dunkin Lee, Esq.
William Lees, Esq.
Daniel Levey, Esq., B.A.
Right Rev. the Bishop of Limerick,
M.R.I.A.
XIV
LIST OF FELLOWS.
Lieut. -Colonel Edward Lloyd.
Rev. George Lloyd, F.S.A.
R. A. T. Loban, Esq.
Samuel F. Longstatfe, Esq.
Henry Lonsdale, Esq.
The Most Honourable the Marquess of
Lome.
John D. Loverdo, Esq., F.R.S.L.
Sir John Lubbock, Bart., M.P.
Augustus W. H. Ludemann, Esq.
Henry Lupton, Esq.
Thomas Lyle, Esq.
G. E. Lyon, Esq.
W. Macandrew, Esq.
Patrick Comyn Macgregor, Esq.
James Macintosh, Esq., F.S.A.
Henry Ramsay Mackay, Esq.
J. M. Mackay, Esq.
Thomas R. Mackay, Esq.
Edward Mackeson, Esq.
Alexander Mackie, Esq., LL.D.
William Maclean, Esq., F.G.S.
James Macpherson, Esq.,
Robert Malcomson, Esq., M.A.
J. Manuel, Esq.
Rev. Canon Marsden, B.D.,
M.R.S.L.
Claudius Martin, Esq.
James Maw, Esq.
John Mayball, Esq.
John Thomas Maybank, Esq.
J. W. M'Cardie, Esq., of Newpark.
Justin M'Carthy, Esq.
Barr C. J. Meadows, Esq., M.D.,
F.A.S.L.
Sir James Meek.
C. Meenacshaya, Esq.
Herr Meldahl, Honorary.
Laurence T. M 'Ewen, Esq .
H. E. Michelson, Esq.
Mrs. Everett Millais.
Joseph Milligan, Esq., F.G.S.
Rev. Canon Milman, M.A.
R. H. Milward, Esq.
C. M'Niven, Esq.
Rev. Robert Moffat, D.D., Honorary.
M. Moggridge, Esq.
William Molyneux, Esq., F.G.S.
George Moore, Esq.
Benjamin Moran, Esq., Sec. of Ameri-
can Legation, Honorary.
Thomas Morgan, Esq.
George Moseley, Esq., F.G.S.
John James Moss, Esq.
John L. Motley, Esq., Honorary.
Miss Mudie.
C. H. Murray, Esq.
James Murton, Esq.
George W. Napier, Esq.
Captain Sir George Nares, K.C.B.,
Honorary.
William Magson Nelson, Esq.
General Josiah Newhall.
E. Oakley Newman, Esq.
J. F. Nicholls, Esq., Cor. Mem.
George W. Nichols, Esq.
John Spenser Noldritt, Esq.
G. M. Norris, Esq.
James Nowell, Esq., M.R.C. Lond. '
William O'Donnaven, Esq., LL.D.
Robert Parr Oglesby, Esq.
William Watkins Old, Esq.
Brian O'Looney, Esq., M.R.I. A.
Rev. J. Douglas Page, A.M.
P. S. Page, Esq.
Tito Pagliardini, Esq.
William Dunkley Paine, Esq.
George F. Pardon, Esq.
W. M. Parker, Esq.
Rev. Thomas Parkinson.
Francis Parkman, Esq.
Charles Edward Pearce, Esq.
John Samuel Phene, Esq., LL.D
F.R.G.S., F.G.S.
J. Pickering, Esq., F.R.G.S.
William Pilcher, Esq.
William J. D. Pink, Esq.
Mrs. A. D. Pollard.
C. H. Poole, Esq., LL.B., F.G.S.,
M.B.A.A.
Frank Pooley, Esq.
John Porter, Esq.
Lewis W. Potts, Esq.
Edward Power, Esq.
Charles H. Poynton, Esq.
John Prankerd, Esq., F.R.C-S.
John P. Prendergast, Esq., Honorary.
B. F. Prescott, Esq.
William Nicholson Price, Esq.
George Radford, Esq., A.M.
John Rae, Esq., LL.D., F.S.A.
James Ramsbotham, Esq.
Sir James Ramsden.
Major-General Sir Henry Creswicke
RawlinsoH, K.C.B., F.R. S.,
F.R.G.S., Honorary.
Charles A. Read, Esq.
General John Meredith Read, LL.D.,
M.R.I.A.
Arthur J. Rich, Esq.
Benjamin B. Richardson, Esq., M.D.,
F.R.S.
Charles Richardson, Esq.
George Gibson Richardson, Esq.
LIST OF FELLOWS.
XV
John George Frederick Richardson,
Esq., Ph.D., F.C.S.
John Wigham Richardson, Esq.
William Rider, Esq.
Samuel Rigby, Esq.
George W. Rigg, Esq.
James Robb, Esq.
Joseph B. Robinson, Esq.
William Robinson, Esq.
Sydney Robjohns, Esq.
Charles Roger, Esq.
Rev. Charles Rogers, LL.D., F.S.A.
Scot.
Rev. Edward Rogers, M.A.
Rev. William H. Rogers, D.D.
John R. Rollins, Esq.
J. Anderson Rose, Esq.
Right Hon. the Earl of Rosebery.
W. H. Burch Rosher, Esq.
Frederick Ross, Esq.
Lewis Buttle Ross, Esq.
Charles Rowley, Esq.
Professor Ruskin. LL.D., F.R.S.E.
Right Honourable Earl Russell, K.G.
Charles Ryder, Esq.
T. D. Ryder, Esq.
J. P. Rylands, Esq.
W. H. Rylands, Esq.
Samuel Lee Rymer, Esq.
John Burham Safford, Esq., F.G.S.
William Salmon, Esq.
Thomas Sampson, Esq.
Rev. S. J. W. Sanders, M.A., F.G.S.
W. W. Sanderson, Esq.
Philip Sayle, Esq., LL.D., F.S.S.
Robert Sayle, Esq.
Peter Schonfeld, Esq.
Helmuth Schwartze, Esq.
Simon T. Scrope, Esq.
Thomas B. Seath, Esq.
Right Honourable Lord Selborne.
Isaac Seligman, Esq.
Ernest Seyd, Esq., F.S.S.
Colonel J. D. Shakespear, F.G.S.
J. Fox Sharp, Esq.
Rev. Leonard Edmund Shelford.
Herr Jon Sigurdsson, Honorary.
J. Wainhouse Simpson, Esq.
Henry Duncan Skrine, Esq.
Hubert Smith, Esq.
S. J. Smith, Esq.
T. Cozens Smith, Esq., F.G.S.
Professor Walter Smith.
W. Bickford Smith, Esq.
Edward Solly, Esq.
Thomas Sopwith, Esq., M.A., F.R.S.,
F.G.S.
Rev. Joseph Sorrell.
Don Carlos E. Soto.
Lieut. -Colonel Thomas Sowler.
H. King Spark, Esq.
Very Rev. Dean Stanley, D.D.,
Honorary.
Walmsley Stanley, Esq., F.R.G.S.
Joseph Steele, Esq.
J. Stevenson, Esq., President of
the Historical Society, Quebec,
Honorary.
W. Stevenson, Esq.
Alderman Stone.
J. B. Stone, Esq., F.G.S.
H. Slopes, Esq., F.G.S.
Edwin Story, Esq., M.A., F.L.S.
Lieut. -Colonel W. Stuart.
Sir Edward .Sullivan, Bart.
John Charles Swallow, Esq.
Right Honourable Lord Talbot de
Malahide, M.R.I. A.
Thomas Tapling, Esq.
William M. Tartt, Esq., F.S.S.
William R. Tate, Esq.
George Taylor, Esq.
Rev. Richard V. Taylor, B.A.
Rear- Admiral William Rogers Taylor.
William Tegg, Esq.
Seymour Teulon, Esq.
Rev. Edmund Tew, M.A.
Christopher J. Thomas, Esq. .
James Thompson, Esq.
Alexander Tod, Esq.
Archibald Travers, Esq.
Stephen Tucker, Esq., Rouge Croix.
Thomas Kellet Tully, Esq.
George M. Tweddell, Esq., F.S.A.,
Scot., Cor. Mem.
Philip Twells, Esq., M.P.
Lieut. -General George Twemlow,
R.A.
John Symonds Udal, Esq.
R. G. Underdown, Esq.
M. Ventura, Esq.
G. V. Vemon, Esq., F.R.A.S.
J. A. Vincent, Esq.
Henry Wadling, Esq.
Cornelius Walford, Esq., F.S.A.
Fountaine Walker, Esq., of Foyers.
Rev. James Walker.
Richard Corker Walker, Esq.
Thos. F. W. Walker, Esq., M.A.,
F.R.G.S.
John Wallis, Esq.
Edward Waltham, Esq.
Elijah Walton, Esq.
XVI
LIST OF FELLOWS.
Joseph Pilkington Ward, Esq.
Townsend Ward, Esq., Honorary.
William Gibson Ward, Esq.
Captain C. Warren, R. E.
Robert Spence Watson, Esq.,F.R.G.S.
William H. Weldon, Esq., Rouge.
Dragon.
Mrs. Westerton.
John Westwood, Esq.
Rev. F. Le Grix White, M.A., F.G.S.
George White, Esq.
William H. Whitmore, Esq.
George Wike, Esq.
T. R. Wilkinson, Esq.
Rev. J. D. Williams.
Sparks Henderson Williams, Esq.
Professor Daniel Wilson, LL.D.,
Honorary.
Oswald Wilson, Esq.
W. Winters, Esq.
Hon. Robert C. Winthrop, LL.D.,
Honorary.
William Young Winthrop, Esq.
Thomas A. Wise, Esq., M.D., F.S.A.
Scot.
John Wiseman, Esq.
William Wood, Esq.
William Wood, Esq., S.S.C., I.L.S.
Rev. Adolphus F. Woodford.
Samuel Woodhouse, Esq.
Ashbel Woodward, Esq., M.D.
Richard Woof, Esq., F.S.A.
J. Wormacott, Esq., F.G.S., F.R.G.S.
Professor Hans J. Worsaae, Honorary.
Rev. Albert Hurt Wratislaw, M.A.
Bryce McMurdo Wright, Esq.,
F.R.G.S.
Rev. W. H. Wylie.
Rev. Charles J. Wynne, M.A., Oxon.
Richard Yates, Esq., F.S.A.
Dr. G. G. Zerffi.
TRANSACTIONS
OF THE
ROYAL HISTORICAL SOCIETY.
SOME CONSIDERATIONS ON THE ORIGIN OF
MONARCHICAL GOVERNMENT.
BY G. LAURENCE GOMME, ESQ.,
Fellow of the Royal Historical Society.
THERE is nothing more beneficial to the philosophy of
human thought than the scientific study of human institu-
tions. To know how man's thought has grown to what it
now is from the rudest atom of intellect must be a con-
templation worthy of the greatest consideration, and that by
the greatest minds. It is only of late years that it has been
at all possible to penetrate into the reality of primordial
society, whatever might have been the extent of its mythical
existence ; and this has been accomplished by the great
inductive sciences. Comparative philology has led the van,
and shown the track ; it only remains for comparative
jurisprudence to hesitate no longer on the threshold of
its existence,* but to follow up these indications, thereby
bringing us nearer to our primeval ancestors, in thought as
well as history ; and, consequently, nearer to ourselves.
* " I hesitate to call it comparative jurisprudence," says Sir H. Maine
in his Rede Lecture at Cambridge, 22nd May, 1875, "because if it ever
exists its area will be so much wider than the field of law." Bolingbroke
has predicted the position law would hold among the " sciences " when
men find leisure and encouragement to climb up the vantage of science
instead of grovelling all their lives to the little acts of chicane. — Vide
" Bolingbroke's Letters," No. 5.
B
2 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
Foremost among the institutions of mankind, ancient as well
as modern, stands monarchical government ; and it is to this,
in its relation to primeval thought, it is now proposed to
direct attention. At first we are able to draw some line of
demarcation between the first principles, if they may be so
termed, and their after growth ; but it very quickly vanishes
before the new elements gradually associated with them.
The attributes attached to the idea of personal government
were originally derived from the mind of the people them-
selves— when, indeed, the " people " had hardly earned that
term ; and though democracy is generally described as the
popular form of government, it was in the popular imagina-
tion that the sanctity of the throne and the royalty of the
person of the sovereign first found an origin.* Their recogni-
tion of this ideal chief was much modified, if, indeed, it did
not entirely vanish, when the circumstances calling forth the
hero had passed away. But those- who had assumed the
character and partaken of the privileges of kingship were
not disposed to allow it to be easily thrown aside, and it
became their object to promulgate gradually increasing ideas
of kingly power, which in its primitive state really owed its
establishment to popular opinion.
An instance of an epoch in early thought with regard to
government is shown when the Greeks transferred their word
kubernan, to steer a vessel — a word in every day use among
them — to the person or persons entrusted with the direction
of public affairs, and restricted the term finally to mean " to
rule."-f* This is clearly an indication of a decisive and dis-
tinct step in Grecian thought ; how it altered, how it as-
similated itself to new conceptions, is lost amidst the many
variations accompanying the development of Rome from
* Vico points out the personifying instinct as the spontaneous philosophy
of man to make himself the rule of the universe, and to suppose every-
where a quasi-human agency. — Vide a long and learned note in Mr.
Grote's " Greece," vol. i., page 473, note i.
f This is from the Greek colonists of Italy, who adopted the latter
interpretation, and clothed it with the Italian garb " gubernan? used by
the Romans, whence it was adopted by ourselves in "governor."
ON THE ORIGIN OF MONARCHICAL GOVERNMENT. 3
these Grecian colonists ; but it is by landmarks like these
that we are enabled to trace back full-grown ideas to primi-
tive conceptions. Although no record is left of the earliest
tendency of man's thoughts, it is but natural to assume that
those which first partook of a homogeneous character were
in relation to his social welfare ; and the most important, if
not the firs t in point of time, must have been the germs which
ultimately led to the formation of monarchical government,
for truly may we say with Carlyle, " How indispensable
everywhere is a king in all movements of men !"*
Some kind of government, call it by what name you will,
must have been adopted as soon as social -existence began
to develop itself. Modern thought cannot conceive a time
when mankind existed on the earth without having some
one to look up to as a superior, some higher power than his
own unregulated passions to obey. One of the happiest
passages of Bolingbroke is peculiarly true here, — " There is a
strange distrust of human reason in every human institution,
and this distrust is so apparent that an habitual submission to
some authority or other is forming in us from our cradle."
Whether the conceptions of modern philosophy are strictly
applicable to the remote past cannot receive proof now :
among the ancients, Aristotle perceived very clearly that
union in a political society is essential to human nature ; but
though we cannot distinctly trace opinions on this point
much further back, it seems indeed to be inherent in man's
* The memorable dictum in the " Iliad" is a heritage of early times.
" The rule of many is not a good thing : let us have one ruler only, one
king— him to whom Zeus has given the sceptre and the tutelary sanc-
tions." Democracy was a later Grecian thought. Histiaeus, in his speech
at the Council of the lonians who guarded the bridge over the Ister for
Darius, says, " There is not one of them (Grecian cities) which will not
prefer democracy to kingly rule."— " Herodotus," iv., cap. 137. This
change of opinion is some proof of the statement in the text. Plato
almost suggests my quotation from Carlyle in the question by the
Athenian to Cleinias (" Laws," book i.), " Would you not acknowledge
that in all gatherings of mankind, of whatever sort, there ought to be a
leader ? Certainly I would."
t Letter to Lord Bathurst on " Retirement and Study."
4 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
nature to be governed ; for it is seldom that even the wildest
dreams of fanatics or enthusiasts advocate the total abolition
of it. The original people, a forest tribe of the Malay penin-
sula, are noted by Dr. Pickering (" Races of Man/' p. 305)
to have neither king nor chief of any kind ; but even here we
find one remaining limb showing a connection with the archaic
rules of civilized law. There is one man among them to
whom they refer all their requests and complaints, and in-
variably adopt his decision ; and in him can be easily recog-
nised a type of the umpire, vir pietate grams, endowed with
so much importance by Sir Henry Maine in his considera-
tions on the origin of justice.* We often meet with notices
of a people possessing no laws (as, for instance, the Andro-
phagi of Herodotus, book xiv., cap. 106) ; but Sir John
Lubbock's remark is pretty generally true, that "the lower
races of man may be said to be deficient in any idea of right,
though quite familiar with that of law ;" or, in other words,
judging from the illustration that follows, which I preserve in
a note,t of government.
Though the germs of monarchical government are in-
timately connected with the origin of law, there will be no
necessity at this juncture to enter into those abstract ques-
tions relating to law and sovereignty which have occupied the
attention of analytical jurists. The power to enforce obe-
dience must have existed before the definition of any mode
which that obedience was to adopt — except that it was to be
absolute ;% and, as we shall see afterwards on the extreme
sterility of primitive thought, made very little distinction
among rules of action that now are widely divergent.
* Vide Maine's " Ancient Law," pp. 376, 377, and " Early Institutions,"
P. 253.
f Lubbock's " Primitive Man," p. 269. " At Jenna," he continues,
" whenever a town is deprived of its chief the inhabitants acknowledge
no law, and until a successor is appointed all labour is at an end."
J Obedience is described in the Behistun inscription in these forcible
terms, — " That which has been said to them by me, both by day and by
night, it has been done by them." Compare speech of Megabazus to
Darius, " Herodotus," book v., cap. 22, where the same expression, " by
day and by night," is used.
ON THE ORIGIN OF MONARCHICAL GOVERNMENT. 5
The much-vexed question of the origin of society may
perhaps be considered only a necessary commencement to an
inquiry on the origin of government. But this is, and must
ever be, a matter of pure conjecture, which, as I hope to
show, is not the basis upon which these inquiries are made.
What Mr. Fiske has termed cosmic philosophy attempts to
deal with the subject of an incipient social evolution in a
manner " entirely new in all its features," and on its face it
bears a mark of strong plausibility, not wholly opposed to
historical criticism. It is based on certain causes and effects
arising from a supposed prolonged infancy of man, and forms,
in the author's opinion, a clue to the solution of the
entire problem as to the origin of the human race. It recog-
nises the important influence of paternal authority ; it bears
evidence to original family groupings, and a subsequent clan
formation ; it can perceive feelings of hostile rivalry arising
among different clans ; and it almost points to an extension
of paternal into patriarchal chieftainship. That eminently
original thinker, Vico, forcibly sets forth the strong mental
analogy between the early stages of human society and the
childhood of the individual ; and this idea again finds an
echo amidst the researches forming the science of religion.
But there is no need for our present purpose to anticipate the
question of man's social existence so far back in the great past
as this, for it is laid down by the incontrovertible rules derived
from comparative jurisprudence, that we may fairly treat the
stage at which the family is constituted as that at which
the history of human society, in the proper sense of the term,
begins; and we are justified in calling the usages of that
stage the primitive institutions of society. That the family
was the original unit of society cannot reasonably be doubted
in face of all the overwhelming proofs we have of the almost
universal influence which it has exercised, and still exercises,
on the social history of man ; but that many disturbing causes
constantly upset its regularity of development is of course
equally apparent, and it is to this fact we may ascribe
one or two instances of unregulated people to be met
6 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
with in the history of ancient nations. We have an ex-
ample in the Auseans of Herodotus, who neither married
nor lived in families, but dwelt together like the gregarious
beasts (book iv., cap. 180). Disturbing causes are to be dis-
covered in each of the three ethnic divisions of mankind, but
not in equal proportions. The Turanians are the most liable
to their influence, while the Aryans have presented to us,
even in modern times, many customs undoubtedly existing
before the separation ot man from a common home.
It maybe as well perhaps to say something as to the guides
accompanying us in our investigation, who, though differing
widely in the character of their researches, are uniform in the
results they bring forward. The common origin of mankind
from our first parents is but the natural beginning of the for-
mation of the family ; and the common origin of mankind is
a fact proved alike by the historian and the philologist, the
naturalist and physiologist, though there exist sections of each
school who adopt a contrary theory. " The institutions of all
ancient nations," says Niebuhr, " have originally a great resem-
blance to one another ; but in later times they diverge till all
resemblance disappears.* It does not follow from this, how-
ever, that all notions of the early social existence of mankind
must necessarily be obtained from primeval record. The
principles of the comparative method gives a broader ground
work of investigation, but it is unnecessary to enter into any
details as to the line of inquiry which this method adopts ; it
will suffice to draw attention to the fact that societies develop-
ing within historical times, and societies which have not been
progressive, are conceived to be types of that primitive state
of which no direct record has descended to modern times, and
therefore analogies drawn from their history may be taken as
arguments and facts concerning primeval society.
It will not be an inapt illustration of this system to quote
* " Ancient History," vol. i., p. 290. Sir G. Wilkinson also remarks
of Egypt, that at the most remote period into which we have been able to
penetrate civilized communities already existed, and society possessed all
the features of later ages.
ON THE ORIGIN OF MONARCHICAL GOVERNMENT. 7
the aphorism of Solomon, that "nothing is new under the sun."
History repeats itself, not once or twice, but over and over
again, in a manner not to be mistaken, and from this estab-
lished axiom in the cycle of man's life we get a view of primi-
tive society, not chronologically set out certainly, but arranged
in unmistakable epochs, contemporary, so far as events are
concerned, though not in point of date.* Savigny, in the
eloquent preface to his first volume, has explained the object
and procedure of the historical school of jurisprudence. Sir
Henry Maine, in the first chapters of his "Ancient Law," has
been a further exponent of this method ; and I am anxious
to travel, if possible, the same line of inquiry, in order to elu-
cidate, by this means, some of the principles attached to the
origin of monarchical government.
The help which Sir Henry Maine renders in his work on
ancient law, though opening up many new fields of research,
and directing, in a great measure, the manner to set about
our work, is necessarily limited in its extent. He describes
an order of things and a description of thought relating
almost entirely to modern Aryanism (if I may so term it),
which, though stripped from the preponderating influence
of Roman jurisprudence, are not always carried further
back than the germ thus obtained. This germ no doubt has
enabled researches to be made for similar phenomena else-
where, and has thus established a primitive characteristic ;
but nearly all the evidence it produces on the question of
primeval society is derived from institutions and thoughts
existing after the establishment of the Roman legal system,
which, argued through the influence-exerting medium of
* " People ask what is gained by comparison. Why, all higher know-
ledged is gained by comparison and rests on comparison. If it is said
that the character of scientific research in our age is pre-eminently com-
parative, this really means that our researches are now based on the
widest evidence that can be obtained, on the broadest inductions that can
be grasped by the human mind." — (Max Muller's " Science of Religion.")
But Niebuhr also says truly that instances are not arguments, though in
history of scarcely less force ; above all, where the parallel they exhibit is
in the progressive development of institutions.—" Rome," i., p. 345-
8 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
Roman jurisprudence, or interpreted by the type that
Roman society has presented, gives but little elucidation of
actual ante-Romaic history, except by the force of analogy.
This would be invaluable if we possessed nothing more
The Hindoo village community is not entirely divested of
these considerations, though much less influenced by them.
But there exists a wonderful storehouse of knowledge in the
discoveries of Sir Henry Rawlinson and others among the
monumental inscriptions of Asia, which, though not very
widely divergent, present a somewhat purer view of early
thought than when it has been sifted through the sieve of
Roman influence. Sir John Lubbock, too, demands some
attention to the claims of the barbarians of the present time,
as well as the barbarians of Tacitus, to be considered as a
branch of the once undivided human race, and therefore
capable of giving evidence for the comparison of social institu-
tions. A remark of Dr. Pickering lends authority to this
claim. " If the human family," he says, ("Races of Man," p.
291), "has had a central origin and has regularly and gradually
diffused itself, followed by the principal inventions and dis-
coveries, the history of man would then be inscribed on the
globe itself ; and each new revolution obliterating more or less
of the preceding, his primitive condition should be found at the
furthest remove from the geographic centre." But though
quite acknowledging the truth of these arguments, I cannot
imagine that Sir Henry Maine's conclusions would in any
way be materially affected by additional considerations from
modern barbarism taken from the standpoint he adopts. Sir
John Lubbock seems to think this would be the case; but
those existing tribes which are stated to differ in their organi-
zation from ancient society may have fallen lower than their
original primitiveness, in consequence of desuetude and idle-
ness,* as we may ascribe the same disturbing causes I have
* "In historical inquiries," says Niebuhr, "we generally conceive
things as in a progressive development, and do not take into considera-
tion that the course of events often resembles a cycloid. When we see a
state in the condition of progress we imagine that during the preceding
ON THE ORIGIN OF MONARCHICAL GOVERNMENT. 9
already mentioned, and consider them to be the representa-
tives of those illiterate branches of the human family who
are classified by Bunsen as having hitherto taken no place in
the history of the world.*
Another fertile source of information, comparative philo-
logy, is the chief means of directing the student where
comparative history by itself would have failed him. " A
history of Aryan civilization has been written from the ar-
chives of language," says one of the most distinguished and
learned scholars of this valuable science, "stretching back to
times far beyond the reach of any documentary history."
It clearly and decisively gives evidence on the one import-
ant point, round which all the remaining portions of our
inquiry cluster, namely, the common ancestry of races
and the common ancestry of mankind. "The millions of
people," to use a quotation from the same author just re-
ferred to, "who speak and have spoken for centuries, from
Ceylon to Iceland, in innumerable dialects, shrink together
into one small point, and are represented, as it were, by
one patriarchal individual, the first Aryan, the ancestor of
the Aryan race; for on all the Aryan dialects there is one
common stamp, — a stamp of definite individuality, and in-
telligible only as the work of one creative genius? \ It is
impossible to mistake the tendency of such facts as these,
and the influence they must have on the elucidation of the
principles of personal government, only as yet dimly shadowed
forth in an incongruous infancy.
But language teaches yet more during the progress of our
period also it was always in a similar state of advancement, and we over-
look the fact that a country often makes a great movement in advance
then goes backward, then rises again, and again becomes retrogade." —
(" Ancient History," vol. ii., p. 97.) May we not apply this to tribes as well
as to nations ?
* Vide Bunsen's " Philosophy of Universal History," vol. i., p. 64, ist
sect.
t Max Muller's "Essay on Comparative Mythology," "Oxford
Essays," 1856.
% Max Muller's "Turanian Letter.1'
10 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
investigations. It does not allow us to penetrate into these
remote periods of time, show us one grand fact as a starting-
point, and then leave us to grope our way to modern times by
the help of a vivid imagination or a too easy deduction of
speculative theories. It lends an important aid all along our
line of march. For instance, it is open to proof that the word
adopted by different nations as a distinctive title for their
monarch indicates the original idea from whence the mon-
archy sprang, and therefore the real characteristic of their re-
spective chiefs. That this is not improbable, or even impossi-
ble of proof, I think may be shown from numerous historical
instances : — The Greeks on settling in Africa appear to have
adopted many customs from their barbarous neighbours. As
their monarchs took the name of " battus," the native term for
king, so the citizens generally conformed to African manners
(Rawlinson's Herodotus, Book iv., vol. iii., page 165). This
clearly points to an adoption of manners leading to an alteration
of title, and solely from a popular point of view ; for Niebuhr
has observed and illustrated what we must recognise as
truth, the magical power exercised by the Greek national
character and language over foreign races that came in con-
tact with them (Rome, i, p. 50). Again, when the Eupatrids
of Athens formally abolished the name of " king," and substi-
tuted that of archon or ruler (Justin, ii., 7), such a change
undoubtedly implied more than it explicitly asserted. The
alteration of title (to use the words of Rawlinson himself)
would symbolize, and thereby tend to produce, a diminution
of authority. ( Vide Rawlinson's Essay, II., App., book v.
Herodotus, vol. iii.) Thus, though history relates the monarch's
views of his title and power, the science of language will throw
some light on the popular opinions which led to the placing
of the sovereign power in the hands of an individual.*
The first axiom to be derived from these considerations is
that men are first seen distributed in perfectly insulated
* " I conceived that by ascertaining the original meaning of the desig-
nation of an office, we should be better enabled to form a judgment of its
original duties." — Hampson's Preface to " Origines Patricia"
ON THE ORIGIN OF MONARCHICAL GOVERNMENT. 11
groups, held together by obedience to a parent ;* and it
would be well to first clearly understand this primitive unit
of society, which has always existed in ancient history, and
tends to exist in modern, however much it may have been
absorbed in larger groupings.
Its fundamental principle of existence was obedience to a
parent. History and analogy point out this early power of a
father over his own household to be despotic and supreme.
Theorists have endeavoured to picture a state of nature as
beautiful in conception as it is impossible in reality, and have
used this very organization of family groups as an argument
in favour of their ideal of original civilization and happiness
of early mankind. " In the infancy of nations," says Volney
("Ruins of Nature," p. 30), "original equality, without the aid
of convention, maintained personal liberty and produced order
and good manners." The modern school of utilitarianism
adopt as a basis of their reasoning the same idea of the ori-
ginal equality of man. But all history is opposed to this
theory, which is altogether a much later conception, and
produced by entirely different circumstances, f Contrast it
with what we know of the earliest formations of society —
Biblical, Roman, Hindoo, and Sclavonian, and there the abso-
lute supremacy of the parent is shown to extend in his
own household, unqualified and unquestioned, even to life
and death. The Institutes of Gaius, perhaps the most per-
fect body of archaic law in existence, sufficiently prove, and
Sir Henry Maine's valuable commentaries sufficiently explain,
to what an almost unprecedented extent this power was carried
among the Romans. Sir Gardner Wilkinson has examined
the subject among the Egyptians and his views are hardly
less conclusive ; while a tablet of primitive Accadian laws
* Sir H. Maine's "Ancient Law," — "According to the laws of all
nations, and of all times, the father must be recognised as the head of the
family." — Savigny, " Priv. Int. Law," xxxvi., p. 379.
f Rawlinson alleges that it originated from Greek thought. Amidst
the toils and dangers shared alike by all in the troublous times of
Greece the idea of political equality took its rise. — " Man. of Anc. Hist"
p. 124.
12 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
given in the third volume of " Records of the Past," from a
translation by Mr. Sayce, points decidedly to a rigorous pa-
rental power. Among the Greeks, also, similar power was
permitted to the fathers, and the Spartans even prevented the
parent from nourishing his children unless deemed sufficiently
healthy to bear the ills of life. Aristotle, in his general
theory of government, follows Plato in laying down the posi-
tion that the earliest sources of obedience and authority are
personal, exhibiting themselves most perfectly in the type of
patwnal supremacy. Consult, again, the histories of the savage
tribes of the present time, and we have represented a picture
of society which, placed side by side with the records of pre-
historic times, indisputably shows the marks of an uncontrol-
lable despotism. Even in modern civilized countries, though
the power of the parent is much modified, there still exist
undeniable proofs of its despotic origin ; and in Russia a
married son does not establish a separate household as long as
the head of the family is living.* Language presents deci-
sive evidence on this point : Grimm identifies, arbja heir, with
the Sclavonic rab, slave ; supposing that sons and heirs were
the first natural slaves. Sir Henry Maine, indeed, suggests
that many causes which helped to mitigate the stringency
of the father's power do not lie upon the face of history. We
cannot tell, he says, how far natural affection may have
rendered it endurable. This no doubt explains away many
difficulties that appear to modern thought ; but the existence
and the uninterrupted exercise of parental despotism, when ne-
cessity called for it, must be an undoubted phase in the history
of man's social organization. Natural affection would exert
itself where the children are not many ; but as Montesquieu
says, when a great many wives are taken the father comes to
have such a multitude of children that he can hardly have
any affection for them, nor the children for one another, t It
* Vide Rev. J. Long's "Village Communities in India and Russia,"
Appendix B. " Relics of the Patriarchal System in Russia."
f Artaxerxes, for instance, put all his children to death for conspiring
against him (Justin) ; and the well-known exercise of parental power by
ON THE ORIGIN OF MONARCHICAL GOVERNMENT. 13
is only on such an assumption as this, bearing great internal
proof, as well as indirectly confirming the wonderful growth
of population among early mankind, that we can comprehend
the nature of such proofs of the complete submission of man
to the control of one of his own race ; and it is the earliest
form of government he is known to have instituted or re-
cognised.
I must here mention, what I am indebted to Sir Henry
Maine for discovering, that this selfsame unit of society is
the only one allowed by Austin to be an exception to the
rule that sovereignty is universal among mankind. But
family society was to Austin only a theory, or a fact but dimly
foreshadowed ; now it has become one of the most important
discoveries of history that the comparative method has brought
to light. I will give the passage at length as illustrating
what I have already advanced, and as representing in lan-
guage far more forcible than I could use the original com-
mencement of personal sovereignty : — " Let us suppose that
a single family of savages lives in absolute estrangement from
every other community. And let us suppose that the father,
the chief of the insulated family, receives habitual obedience
from the mother and children. Now, since it is not a limb of
another and larger community, the society formed by the
parents and children is clearly an independent society, and
since the rest of its members habitually obey its chief, this
Brutus in executing his sons does not indicate much natural affection.
We know it also to be a question of history that some people sell their
children for slaves — the Moschi of Herodotus, for instance.
* Proofs from all ancient society are not wanting. Niebuhr says of
Egypt that they had only a very small number of names, and in order
that in legal documents there might be no doubt as to the identity of
persons, they always mentioned the name of the father. A person is
described as the son of So-and-so, &c., &c. — (" Anc. Hist.," vol. i., p. 46.)
" To the present day," says Wilkinson (" Egypt," i., p. 73), " a son is not
expected to sit in the presence of his father without express permission."
St. Paul, in his Epistle to the Galatians, alludes to the peculiarity of their
law : " The heir as long as he is a child differeth nothing from a servant,
though he be lord of all " (iv. i) ; and vide chap. xx. of Crete's " Greece."
14 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
independent society would form a society political, in case the
number of its members was not extremely minute. But
since the number of its members is extremely minute, it
would, I believe, be esteemed a society in a state of nature ;
that is, a society consisting of persons not in a state of sub-
jection. Without an application of the terms which would
somewhat smack of the ridiculous, we could hardly style the
society 'a society political and independent / the imperative
father and chief ' a monarch or sovereign] or the obedient
mother and children ' subjects' " — (Vol. i., page 183.)
But this simple grouping of mankind could not continue in
its integrity ; for parental power assumed other aspects with
the growth of ideas among mankind. Long before the com-
bination of families was allowed to grow into a tribe, long
before these isolated groups of human beings thought of any
extensive alliance with each other, wrongs had been com-
mitted, and the father became judge ; religion had found its
generating spring, and the father became priest. Yet parent,
judge, and priest were so essentially bound up together, that
government, law, and religion are traceable to one common
origin — the father governing his children and dispensing justice
— the true dawning of religion — between brother and brother.
Before proceeding to the next stage of development, another
consideration of parental society (if the primitive state here
indicated may be so termed) must be noticed. It arises from
some late investigations on the subject of consanguinity
among early mankind, and has been touched upon by Sir
Henry Maine in his last work upon " Early Institutions "
(Lect iii.), which I have already extensively used. Theories,
especially when based upon solid and firm foundations, are
very apt to become conventional, and using the terms "family,"
"parental," would induce many to suppose that parental
society must have come into existence after the establishment
of marriage between single pairs. If we consider the ancient
family from the modern point of view this would appear to be
only a necessary conclusion ; but that it cannot be so consi-
dered becomes apparent from the most superficial study, and
ON THE ORIGIN OF MONARCHICAL GOVERNMENT. 15
the internal evidence of man's progress does not teach this
view. The study of primitive customs gives no reason to
suppose that women did not hold originally an equal position
with men, and therefore allowed themselves equal rights with
regard to forms of marriage. The so-called cosmic philosophy
presents us with a theory from which may be dimly
gathered an origin of marriage between pairs at a very early
stage of human existence, and which indeed would form also
a cause for the formation of family groups. But the position
here assigned to the children is too unhistorical, too peace-
fully homelike, to be accepted at once, however it may recom-
mend itself to our fancy. " A man," says Sir John Lubbock,
" was first regarded as merely related to his family." And
what constituted this relation ? Not the fact of being born of
a certain mother, but being the offspring of a man who had
become powerful enough to undertake the duties of a parent,
to be chief (and therefore protector), judge, and priest of a
household owing its very existence, and therefore its consti-
tution, to this one generator. It matters not whether we see
at this early date the dawn of that great problem now vexing
the modern political arena, namely, the position and property
of married women ; for whatever may be considered by the
best scientists to have been the most primitive form of
marriage, the one great fact remains that the children born
were considered to be the offspring and property of the chief,
without any reference to the mother ; they held their father's
name, and were considered to be of his blood and his genera-
tion.* This phase of thought became stereotyped to modern
* Of course there are exceptions to be met with even to this almost
universal rule. Herodotus mentions that the Lycians had one singular
custom, in which they differed from every other nation in the world. They
take the mother's and not the father's name. - (Cap. 1 73, book i.) Among
the Nairs of Malabar the institutions all incline to a gynocracy, each woman
having several husbands, and property passing through the female line in
preference to the male. — (Ibid., Rawlinson's Notes to book iv.) But a
remark of Wilkinson on the Egyptians (vol. ii.,p. 66) alludes no doubt to a
type of the general custom which the text mentions. The same customs
prevailed among the Egyptians regarding children as with Moslems and
16 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
times in the custom of certain savage tribes of America taking
every care of the father at the birth of a child, while the
condition of the mother is not thought to be of any moment
It grew on to further stages, to become the most important
incentive which led to the fiction of adoption, thereby making
the ancient idea of a family a much more important unit of
society than modern thought can well conceive it to have
been. It was the very looseness of the marriage tie, even if
we can imagine any tie to have existed at all, that dispelled
the important influence of natural affection, thereby making
adoption possible ; and these differences from the modern
family formed the antidote to a too restricted conservation of
social existence, leading portions of mankind to expand into
wider circles, and so allow the whole human race to escape
a lukewarm existence or thorough decadence, and ultimately
direct us with finely graduated but ever accelerating steps to
modern civilization.
But at the very outset we meet with a question of con-
sanguinity which materially assists us to understand this
extension of parental power into its wider form. The ideas
as to what the family really was were undergoing a change as
population began to increase ; and on the breach made in the
natural formation of society, the institutional built up a
foundation. I cannot do better than quote at length a passage
from a letter from Mr. Morgan, the American scholar already
alluded to, which appeared in Nature, for June 3rd, 1875 :
" In prosecuting my investigations one of the questions to be
determined was whether the systems of consanguinity were
artificial or natural. If the former, they are without ethno-
logical value ; but if natural systems, showing the relation-
ships which actually existed when they were respectively
formed, then they would possess immense value, because they
concerned and demonstrated a condition of ancient society of
other Eastern people, no distinction being made between their offspring
by a wife or any other woman, and all equally enjoying the right of
inheritance, for they considered a child indebted to the father for its
existence, and the mother to be little more than a nurse."
ON THE ORIGIN OF MONARCHICAL GOVERNMENT. 17
which previously we had no definite conception. From each
system, in such a case, can be deduced with almost unerring
certainty the form of marriage and of the family in which it
originated. It was by this course of reasoning that I dis-
covered the necessary antecedent existence of the inter-
marriage of brother and sister in a group to account for the
existence of the Malayan system of consanguinity. This fact
gives us the starting-point in which ancient society com-
mences with the proof that it did so commence. Hence the
second member of the sequence above named (Malayan
system). This sequence on its face, and these solutions in
express terms, treat these systems as natural in every respect."
Now it was the expanding qualities of primitive thought
that extended natural groupings into institutions. Nowhere
is this more clearly illustrated than by Sir Henry Maine, in
his elucidation of the Brehon notions of fosterage. Con-
ceiving Irish society at that time to be only just developing
from primitiveness, he points out that the association between
institutions arising from true kinship and institutions based on
artificial kinship (such as gossipred, a priestly relation, and
fosterage, a parental relation) is sometimes so strong, that the
emotions which they respectively call forth are practically
indistinguishable ("Early Institutions," p. 247).* If we, there-
fore, divest ourselves of the modern notions of natural family
consanguinity, we can well understand how parental power
assumed to itself characteristics derived from the elasticity,^
* So in Niebuhr's " Rome," i., p. 172, we are told that the obligation is
an essential characteristic of the gens (house>; the reciprocal exercise of
this noble relation could not but excite in the first instance a feeling that
led them to regard each other like kindred, and by degrees a belief that
they were so. These feelings of mutual devotion between kinsmen con-
stitute the bright spots in a dark age, remarks Mr. Grote (" Greece," iii.,
p. 116).
f We have an instance of this elasticity in Egypt. Perhaps, in its
later growth, no more exclusive nation ever existed, owing to the stringency
of its castes, which would admit no one among them. Yet if we go back
to their infancy we find that the Libyans, adopting the Egyptian religion ,
had become so much like them by this communion that they were allowed
to enter their administrations, and soon grew to be indistinguishable.
C
18 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
because of the meagreness, of primitive thought ; and gradually
became extended beyond the functions of parental authority
over children.
This stage of society presents itself at various successive
epochs of history. That it once formed the most advanced —
nay, the sole political aggregate of human beings, is a conclu-
sion to be inferred from the foregoing remarks, though this
admits of great modification, without the compass of
the present paper, according to the views taken as to the
incipient progress of primitive thought along the line of im-
provement. Beginnings are naturally slow compared with the
accelerated progress afterwards made, and perhaps a pro-
longed infancy of social thought may have followed a pro-
longed infancy of evolutionary progress. At all events, if
history does not present a view of the crystallization of family
society, it has furnished us with retrograde movements to
this state. Savage tribes may give us specimens of the
former, though there are no decided proofs of this supposi-
tion ; but, for the latter, customary law can be traced to its
origin only by the assumed existence of larger groups, which
at a later date dissolved into the independent collection of
families forming the cultivated communities of the Teutonic
and Hindoo races.* This, at any rate, serves to show the
conservatism of human thought when not acted upon by
powerful outward influences — such as those, for instance, that
again thrust forward the Teutonic families, and made them
combine to form the leading empire of civilization and power
to be found on the pages of history.
I have thus far endeavoured to show how parental society
came to be extended from a simple relationship to wider defi-
nitions ; and the next step in our line of progress is the position
taken up by the father when the circle of human community
expanded into its next stage, namely, that of race,f which,
* Maine's " Village Communities," p. 156.
f Difference of race does not necessarily imply difference of language.
" What we are accustomed to call race," says Max Muller (" Turanian
Letter"), "may date from a period in the history of the world anterior to
any division of language."
ON THE ORIGIN OF MONARCHICAL GOVERNMENT. 19
says Ewald ("Lehre der Bibel von Gott," i., 190), taken in its
oldest sense, is only the expansion of the house. The father's
influence over his own children, or a household of his own
creating, is natural ; the extension of this influence, as the
representative descendant of a departed ancestor, is institu-
tional. It was the priestly character acquired by the father
that became the moving cause of this extended power, by
allowing the eldest son to be the only person capable of
taking upon himself the growing important duties of priest,* .
inherent in him as the firstborn of his father.f Round
this descendant from their common ancestor, gradually
believed in as their hero-god, clustered the various families ;
and thus we come upon the dawn of clan society, with the
parent assuming the position of " patriarch."
The stronghold of parental society, as we have seen, was
filial obedience ; and the stronghold of patriarchal society was
that reverence for departed ancestors we find so generally
distributed among mankind. The interval between the forma-
tion of family groups in their last and more complete stage of
development, and the growth of patriarchal groups, is con-
ceivably so short that it would be difficult to say any dis-
* The father of the house might hold the position of hereditary
priest of this often already numerous community ; and how long this
relation lasted, especially among the old shepherd peoples, is sufficiently
shown by the remembrance of the patriarchs of Israel. The sometimes
very arduous duties of the sacrifices were in the same way the lot, since
the oldest periods, of the eldest sons, as those most nearly bound and
ordained (justified in taking the office) : this is a primevally old custom
of which many traces remained down to the time of Moses and even
later. — Ewald, " Lehre der Bibel von Gott," i., 190.
f" Many new sects or voluntary "religious fraternities acquired permanent
establishment as well as considerable influence. They were generally
under the superintendence of hereditary families of priests." — (Crete's
" Greece," i., p. 36.) Priesthoods were hereditary among the Jamids and
Telliads of Elis (" Herodotus " ix. 33, 34), the Talthybiads of Lacedaemon
(viii 134) and the Telinids of Gela in Sicily (vii. 153). Other writers,
says Rawlinson ("Notes to Herodotus," vol. iii., bk. vi., cap. 60, note 7),
furnish a very much larger catalogue of priestly families (consult
" Hist, de 1'Acad. des Inscrip.," tome xxiii., p. 51 et seq.).
20 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
turbing causes had as yet interfered with the development.
Patriarchal society may therefore at one time have universally
existed as a distinct epoch in man's progress ; but what is
perhaps still better proof are the many traces of this social
union having afterwards dissolved, with its originating germs
still living in the altered form ; to which cause, as I have
already stated, Sir Henry Maine traces the beginning of
much of the customary law existing in all societies. Beyond
this, however, types only of each system are to be found,
though they never entirely fade away from history, but, on
the contrary, always exercise an influence on the subsequent
stages, and mainly underlie the principles of all government,
individual or collegiate, even at the present time.
During the infancy of mankind, when society was in its
nomadic state, and families made regular marches to some
fresh pasture as soon as the forage of a certain district was
consumed, it is easy to understand that it was almost unne-
cessary, even if possible, for the patriarch to exercise an
important or powerful control over any other but his own
immediate household. From the considerations just given on
the systems of consanguinity, we can imagine the family to
have been an extensive one, and always capable of still greater
extension , but there was wanting that spirit of political com-
bination which produces the elements of a nation, and we
only see mankind spreading themselves over the earth in
primitive family groups, each individual amenable first and
foremost to the parental laws, and the parent, in his turn,
recognising some influence from a common ancestor, or his
representative, the existing head of the family. In short,
they may be conceived to be exactly in that state of living
under an absolute despotism when, as Niebuhr says, it is
difficult to decide how far a people could feel an interest in
the supremacy of its own race over that of another.* It was
doubtless this quiescent spirit that kept them from combining
against each other too soon ; for distinctions of race must
very early, and for a long period, have been one of the ele-
* Niebuhr's "Arc. Hist.," vol. ii., p. 98.
ON THE ORIGIN OF MONARCHICAL GOVERNMENT. 21
ments of primitive society to have produced those great ethnic
wars, which, exceeding in fierceness the political wars of later
times, have left no slight record of their struggle to modern
times.* Thucydides has said of the Scyths that no single
nation could match them if they were but united among
themselves ; and doubtless a similar truth soon became
apparent to the struggling races, and was the chief disturbing
cause of this period.
But though preceding these wars people were not yet or-
ganized into a nation, they undoubtedly formed a series of
independent tribes or clans ; and, having no territorial influ-
ence to bind them together, naturally made a link-hold of
their romance of ancestry round which to gather. We have
seen this ancestry strengthened by the invigorating influence
of religion, the priests of which were descendants of the hero-
ancestor. As in the retrospective faith of a Greek, so among
mankind generally at this early period the ideas of ancestry
and worship coalesced. " Every association of men," to use the
words of the Greek historiari,f "large or small, in whom there
existed a feeling of present union, traced back that union to
some common initial progenitor ; and that progenitor, again,
was either the common god whom they worshipped, or some
semi-divine being closely allied to him." Yet, though believing
in the divine ancestry of their patriarch, the members of this
society never once thought of their chief as a god, never once
let go the connection he had with them, and therefore, in asense
a common basis of equality. Even when kings, as we know
them, had established themselves, they were never able to
assume more than a partial share of divine nature. The Egyp-
tian king, whom Wilkinson supposes to be the earliest, is
represented in the sculptures as making an offering to himself,
* Consult Max Muller's Turanian Letter in Bunsen's " Philosophy of
Universal History."
f Vide Grote's " Greece," vol. i., p. no. — " In early times princes and
afterwards the great aristocratic families traced their pedigrees to heroes
and through them to the gods, just as the northern kings trace theirs to
Odin." — Niebuhr, " Anc. Hist." ii., p. 169.
22 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
his human doing homage to his divine character. This shows
how the human and divine natures were then thought to
be distinct ; and the breach has never been lessened.*
The view here taken is giving ancestry a wide and powerful
influence, and a primitive and primordial origin ; but what
else could have been the tie that held a race together, and kept
distinguished, after an ethnical division, a branch of one
family from another, until other and more important influences
appeared on the face of history ? Climatization had some-
thing to do with it, no doubt ; but it could not do all ; for in the
progress of history we hear of a section of the Aryans being
surrounded by a Semitic people t — race was kept distinguished
in all the great Eastern empires, e, g., the satrapies of Persia —
and within the reach of modern observation intermixture of
race among the tribal Indians has taken place to a large
extent, without destroying the nationality. We have only,
therefore, to fall back upon the custom (and it was a
natural one) of observing the lineage of each individual
through the parentage of his family to the progenitor of
his race, which tacitly avowed an influence, not always
defined, of patriarchal power.
* Vide also " Herodotus," Rawlinson's Notes, vol. ii., cap. 3.
t " In Western Asia, the cradle of the human race," says Rawlinson
(" Herodotus," App. Bk. i., Essay xi.), Semitic, Indo-European, and
Tatar or Turanian races, not only divided among themselves this portion
of the earth's surface, but lay confused and interspersed upon it in a
most remarkable entanglement."
" Some combined association of individuals, some clannism seems re-
quisite to the preservation of a language in the midst of a foreign nation.
Thus it may be inferred that the Hebrews retained their language during
their sojourn in Egypt." — (Pickering's " Races of Man," p. 287.) The
system of castes is an evidence of the distinction of nationality on the
same territory. " The Egyptian division of castes is very ancient, and
certainly shows that the country was conquered by foreigners. The
example of India also shows that the castes are the result of conquest,
and that they represent different nationalities," — (Niebuhr's " Anc. Hist.,"
ii., p. 65.) I may also mention, that the detached territories under a
Persian satrapy are described by Heeren to be ethnic divisions rather
than geographical. — Vide also Rawlinson's " Herodotus," vol. ii., app.
iii., p. 562.
ON "THE ORIGIN OF MONARCHICAL GOVERNMENT. 23
Again, we can trace an incipient influence of this power
which can only have been exercised through the tie of ancestry
in that community of law whose basis and limit is race. It is
only in modern times that territorial law has found an
existence. The laws of a tribe were generally respected
and allowed to remain unaltered of the most tyrannous of
conquerors, even as we now find in the Turkish empire. When
we can trace the very germ of all laws to their origin as obe-
dience to the commands of a parent <3\\<d—principes erant
quasi animate leges — we can perceive motives for ancestry
beyond the vanity which dictates similar ideas to modern
society.
If the universality of this custom is proof of its primi-
tive origin, and inductive reasoning would teach this view,
instances can be multiplied over and over again from the
early history of almost every people. It forms the funda-
mental portion of Biblical history, and was the chief means
of obtaining a chronological datum for it. The ancient
Greeks, as Niebuhr tells us, had the inclination peculiar to
human nature to derive all that exists from individual
persons ; their whole social existence was saturated with
this idea, and the greater part of their mythology and
legends is occupied with tracing the lineage of some tribe
or house to a hero eponymous. It formed in its integrity
the basis of early Roman society ;* and afterwards, by the
addition of the legal fiction of adoption, was the -germ of
the later jurisprudence. It is now proved to have exten-
sively existed among the Celtic tribes of primitive Europe.
It ran through the whole constitution of the Teutonic inva-
ders of Rome, who, according to Sir Henry Maine, remem-
bered or believed in the direct descent of the families from
whom they chose their chiefs, from a common ancestor ;f
* Consult Niebuhr's " Hist, of Rome," vol. i. It would be useless to
quote passages, there are so many applicable to the question 'of the
genealogical phenomena of primitive history. But note particularly the
chapter on CEnotrians and Pelasgians.
t " Village Communities," p. 145.
24 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
and it still remains .a chief feature of modern barbarism,*
— nay, of modern civilization. To this universality of opinion
as to ancestry the science of language lends yet one more
proof in the • derivation and application of the word race.
What we are accustomed to call race (I quote from Max
Midler's Turanian letter), and what, as Humboldt has shown,
should more properly be called vanity, may date from a period
in the history of the world anterior to any division of lan-
guage ; or, on the other hand, its first effects may have been
felt long after the confusion of speech had led to the disper-
sion of mankind. This gets rid of any supposed intimate con-
nection between ethnology and philology ; and in a note in the
same work I find that race is derived, not from radix, as hitherto
supposed, but from the old German reiza, line, or lineage.
But this ancestral influence was stiil wanting in one essential
to make it all-important. Among nomads, remarks the
author just quoted, empires were no sooner founded than
they were scattered again like the sand-clouds of the
desert ; no laws, no songs, no stories outlived the age of
their authors. Thus we see that the institutions then exist-
ing, primitive and simple as they were, were destitute of
solidity ; and therefore the first and most important, namely,
patriarchal sovereignty, was at this stage not self-com-
manding like parental power. It must have gained this
subsequent element by means of territorial appropriation ;
and it is now that it will assume more of the aspects of
historical monarchical government.^
* Schoolcraft, " Indian Tribes" ii., p. 49. "The totem of the redskins
is a symbol of the name of the progenitor. Its significant importance is
derived from the fact that individuals unhesitatingly trace their lineage
from it, and families are thus traced were expanded into bands or
tribes." Lubbock's "Primitive Man" p. 173.
f By territorial appropriation I do not mean to imply that it became a
territorial sovereignty. This was distinctly an offshoot of modern feudal-
ism. Consult Sir H. Maine's " Anc. Law," pp. 103 — 107.
J Before dismissing the subject of patriarchal society I would
refer to cap. v. of Maine's "Anc. Law." It gives some varied and
important information on patriarchal power, and though relating
ON THE ORIGIN OF MONARCHICAL GOVERNMENT. 25
Patriarchal government, we know, did not of itself imme-
diately produce historical kingdoms.* The notions of ancestry
connected with it served, as the mythical pedigrees of Greece
did, to unite together special clans or gentes rather than the
bulk of any community — in fact it produced the elements of a
nation without the political combining power so materially
associated with historical empires. As an instance of how
little ancestry had to do originally with territorial occupation,
the country called Attica, which during the historical ages
formed one social and political aggregate, was originally dis-
tributed among various hereditary sects — that is, a multitude
of persons, not necessarily living in the same locality, but bound
together by an hereditary communion, and claiming privileges
as well as performing obligations, founded upon the traditional
authority of a common ancestor.f Such privileges and
obligations are still traceable in much of the customary
law of modern nations ; and Sir Henry Maine, without any
reference to the instance of Attica, considers the most plausi-
ble account that can be given of them is that they were
at the outset obligations of kinship sanctioned by patri-
archal authority.^ This is proof that patriarchal society may
not only continue to exist without necessarily forming itself
into a nation, but that it may, after a long period of non-pro-
more particularly to Roman law, helps to obtain an enlarged view
of this state of primitive man. See " Village Communities," pp. 1 1 1, 156.
* Professor Jowett, in his Introduction to Plato's Laws, p. Ixiii., re-
marks "that the chief object of Plato in tracing the origin of society is
to show the point at which regular government superseded the patriarchal
authority, and laws common to many families took the place of the old
customs. The laws were systematized by legislators, and new forms of
government began to spring up." The ideality of Plato's mind would
suggest much that his restriction to Grecian history might otherwise
prevent, but it would not suggest enough. " The history of the world,"
says Max Miiller, in his essay on Comparative Mythology, " has laid
open new avenues of thought, and it has enriched our language with a
word which never passed the lips of Socrates, or Plato, or Aristotle —
mankind."
t Vide Grote's " Greece," vol. i., p. 264.
J "Village Communities," p. in.
26 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
gressive existence, suddenly obtain the desire and the intel-
lectuality to become a territorial empire.
According to the doctrine of Montesquieu, republicanism
would be the natural development from paternal govern-
ment, the sons obtaining together the power wielded by the
father. But history does not thoroughly coincide with
this view,* for, at its very dawn, government by a single
person universally bursts upon our view ; and though in many
cases other influences than patriarchal power may have been
at work, we have evidence that the law of primogeniture is an
heirloom from these times, and enabled the descendant, either
actual or representatives of a patriarchal governor to es-
tablish a government . From this point of view the influence
of ancestry and the priesthood of the father may be consi-
dered as modifications of a regular development of govern-
ment, though they work in so well with man's natural
instincts, and begin so early in his history,^ that we can
hardly distinguish them from a law of nature. The Teutonic
monarchies — perhaps the most perfect illustration of a pure
development from patriarchal society — unite all the princi-
ples of democracy with most of the sentiments of ancestral
faith, and invariably does the term applied to the office of the
personal ruler, though in many cases admitting a subsequent
signification, come from a root originally meaning " father."
One thing is certain, that patriarchal power, with all its com-
ponent, or perhaps tributary elements of ancestry and
sacerdotalism, has never faded from the face of history, from
the remotest ages of which we can glean records down to the
* That is to say as a general rule, and among the more powerful em-
pires. The tale commonly believed by the Greeks as to the formation of
the confederacy of twelve cities into the Ionia of historic times is based
upon the asserted rights and co-existent sovereignty of the twelve sons of
Codrus,— ( Vide Rawlinson's " Herodotus," iii., App. bk. v., Essay 2.) The
Suliots, again, mentioned by Niebuhr (" Rome," i., p. 265), were actual
families descended from a common stock, each under its captain, who
was its judge and leader ; the captains collectively made up a senate.
f Vico dwells upon the religious and poetical susceptibilities as the
first to develop themselves in the human mind.
ON THE ORIGIN OF MONARCHICAL GOVERNMENT. 27
present time ; and in this power can be distinctly seen the
germs of monarchical government.
The connection which monarchical government has with the
social elements I have treated of, and how the important ele-
ment of chieftainship has been left out of consideration by
writers on the origin of society, I cannot further illustrate
now ; but I may be permitted to express a hope that I have
sufficiently shown the real interest and worth of the subject,
to be enabled at a future time to lay before the Society
some additional researches which I have partly made.
It is a subject worthy of history ; worthy of the greatest
study and reflection ; and worthy, I hope, of showing what
the great Bunsen has taught in his immortal words —
" the desire to fix in that course called the universal history
of mankind some landmarks pointing out the progress of our
race."
28
JOHN FOXE THE MARTYROLOGIST
AND HIS FAMILY.
BY WILLIAM WINTERS,
Fellow of the Royal Historical Society.
FROM the commencement of the reign of Queen Elizabeth
down to the middle of the last century, several members
of the Foxe family, descendants of the great martyrologist,
resided in the parish of Waltham Holy Cross.* And it is
asserted by several local writers that the justly celebrated
John Foxe himself resided in this ancient town, where
he uninterruptedly pursued his literary labours during the
early part of the latter half of the sixteenth century.
Tradition even points to the house t in " Sun Street,"
then called " East Street " in which he compiled the
" Book of Martyrs." Some have supposed that John Foxe
visited the house of Mr. Cressey in the Homeland with
Stephen Gardner and Henry the Eighth to consult about the
king's divorce from Catherine of Arragon, but that is a
mistake which the writer has pleasure in correcting. It was
Dr. Edward Fox (afterwards Bishop of Hereford) that figured
in that scene, and not the martyrologist.
We find that John Foxe married Agnes Randall J February
3rd, 1547, and the year following both he and his friend
John Bale were hospitably entertained at the residence of
the Duchess of Richmond, Monjoy House, Knightrider Street,
* Waltham Holy Cross is the correct name of the town, although it is
more frequently called Waltham Abbey.
t In the summer of 1871 some necessary improvements were being
made in this house when a fine Gothic chimney-piece was discovered. It
was in an excellent state of preservation, consisting of Reigate stone, six
feet in height and five feet in width, carved with various floral devices, and
coloured with vermilion, green, and gold. Near the spring of the arch
on the left shield were the letters " I.V.," and on the surface of the arch
above the initial letters " F." and " F.S."
J They were married at Charlecote. Persons of the name of Randall
possessed property at Waltham in the seventeenth century.
JOHN FOXE. 29
when Foxe's first work was printed by Hugh Singleton.
Two years later John Foxe was ordained deacon at St. Paul's,
by Bishop Ridley. In 1551 he published his " Chris tus
Triumphans Comcedia Apocalyptica."* At this time he
lived under the Duchess of Suffolk's roof in the Barbican.
Owing to the Marian persecution in 1554 he fled with his wife
to Flanders, and thence to Strasbourg, where he published
the first part of his Ecclesiastical History. In March of the
next year he was in England, and took up his freedom, as we
gather from Mr. Arber's newly published " Transcript of the
Stationers' Register" (vol. i., p. 33): — "Item, Recuyd the
Vth of March [1555] of John foxe in Recompence of his
brakefaste at his makyng fre iijs. iiijd." According to Foxe's
biographer there appears to be a slight error respecting the
dates which may not easily be reconciled ; Foxe is said to have
been abroad in 1554 and 15 £5, and yet we find him at London
in the early part of 1555. He was at Frankfort the
same year, whence he removed to Basle in November ;
he may possibly have returned to the Continent directly after
taking his freedom. He, however, remained in Basle till late
in the year 1559, when he returned to, England with his
wife and two children, a girl and boy (Samuel), all in great
distress. They were at once admitted into the Duke of Nor-
folk's mansion, Christ Church, Aldgate. The duke was his
patron and benefactor. Early in 1560 Foxe was ordained
priest at St. Paul's, London, but refused to wear clerical habits,
consequently he was enabled to preach in his own order
quietly to the common people, who heard him gladly ;
by this means also he pursued without much molestation
his literary labours, collecting materials from registers,
&c., for his Martyrology.t The same year we find him
* A translation was made by John Day, son of the great printer, and
published 1579.
f In the " Stationers' Register " the following is recorded :—
" Rychard Adams for Prynting the Register of all them that ware
burned without lycense was fyned at Vs Vs. The editor
notes that this compendious register in metre of the Marian martyrs
was written by Thomas Brice, and was doubtless of considerable use
30 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
preaching at Norwich, where his family, it is said,
remained three years ; he occasionally resorted to the Duke
of Norfolk's mansion with the view of carrying on his literary
work. His son Samuel remarks, " From that house he
travelled weekly every Monday to the printing-house of John
Day. In that my father's house many days and years and
infinite sums of money were spent to accomplish and con-
summate his English monuments, and many other excellent
works in English and Latin." In 1562 John Foxe wrote to
Archbishop Parker seemingly to inquire about some materials
for his forthcoming work on the History of the Church, and
early in the next year, 1563, the first English edition of his
great work was published. Ames gives " 1562" as the date
of the first edition of " Acts and Monuments," but " queries
1563."* The British Museum copy of this edition is im-
perfect, wanting the last leaf, whfch is supplied by a fac-simile
(folio, 1563). The title of this work reads thus : — " Actes and
Monuments of these latter and perillous dayes, touching
matters of the Church wherein ar comprehended and
described the great persecutions, & horrible troubles, that
haue bene wrought and practised by the Romishe Prelates,
especiallye in this Realme of England and ' Scotlande,
from the yeare of our Lorde a thousande, vnto the tyme
nowe present. Gathered and collected according to the true,
copies and wrytinges certificatorie, as wel of the parties them-
selves that suffered, as also out of the Bishops' Registers
which wer the doers thereof, by John Foxe. Imprinted at
London by John Day, dwellyng over Aldersgate. Cum
Priuilegio Regis maiestatis." Ames observes that whether
John Day "was secretly or openly supported in the cost and
trouble it must have occasioned, does'not appear upon record."
The department of art alone must have been very important.
The cuts are numerous, and the subjects are generally drawn,
composed, and engraved with very considerable skill. They
to John Foxe in the preparation of the first English edition of his 'Acts
and Monuments.'" — 1558-9.
* Ames, Typog. Antiq., vol. iv., p. 82.
JOHN FOXE THE MARTYROLOGIST. 31
have a freedom and force worthy of some of the more
celebrated foreign artists, by whom in all probability they
were executed. " His 'salvo ' at the end of his Latin preface
is a shield, which he judiciously uses to avert or blunt the
shafts of those whose hostility such a publication must have
prepared him to encounter. The compiler wanted not a host
of angry, and even in many instances successful antagonists,
among whom Stapleton, no mean scholar, led the van. Yet
Foxe is now read, and Stapleton, even by his own party, often
neglected." Strype remarks that "great was the expectation
of the book here in England before it came abroad. The
Papists scurrilously called it ' Foxe's Golden Legend.'
When it first appeared there was extraordinary fretting and
fuming at it through all quarters of England, and even to
Louvaine." It was well received by many as a true record of
the past, and, as a modern writer observes, the common
people " loved the church of their forefathers as they saw it
restored by the queen, because of the power which Foxe had
given them of estimating its superior pretensions to their
favour." In the same year, 1563, issued from the press Foxe's
learned work on the doctrine of the " Eucharist," dedicated
to John Harding of Brazenose College. He also made an
appeal to the public on behalf of the poor sufferers during the
fatal plague which prevailed in London in the summer of the
same year, when no fewer than 21,530 persons died in the
city of London alone.
The Queen, to show her appreciation of the "Book of
Martyrs," presented Foxe with the canonry of Shipton, in
Salisbury Cathedral. From the Register of that cathedral we
gather that Foxe was not present at the synods held there in
1564 and 1565, " nor/' says a writer, " probably at the ensuing
ones. He was not present at Bishop Jewell's visitation in June,
1568."* In 1 564 and onward letters from different persons were
addressed " to my goode friende Mr. Foxe at Mr. Dayes, ouer
Aldersgate." At this period he appears to have been in
* "Church Historians," Seeley, vol. i., 1870. Also, "Book of Com-
positions," Pub. Rec. Off.
32 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
search of information for the second edition of his Martyr-
ology, and we have strong reason for believing that he made
a tour to Waltham Abbey (in 1565), for in the Register of the
parish we find an entry which relates to "John Foxe" and
his two children, viz., —
" Baptised Rafe and Mary foxe, the sonne and dowter of
John foxe, 2Qth Jennary, Ano. Do. 1565."
One year prior to this date Foxe's friend, Sir Thomas
Heneage, Knt, came to reside at Copt Hall, * in the parish of
Waltham, and here it was, we presume, that John Foxe visited
Lady Ann. Heneage during her illness, as recorded by the bio-
grapher of Foxe in the second volume of the "Acts and
Monuments," 1641: "The Lady Ann Hennage, who lying
sick of a violent Feaver, when the disease had so farre
increased that the Physitians had pronounced it deadly,
Master Fox was called to be present at her ending, whose
counsell and fidelity she had often made use of in matters
* Queen Elizabeth, on the 3rd of August, 1564, granted, by letters
patent, Copt Hall, in the parish of Waltham Abbey, to Sir Thomas
Heneage and Anne his wife, to be held of her the Duchy of Lancaster by
the service of a knight's fee. Sir Thomas Heneage, the son of Robert
Heneage, Esq., was Knight of the Shire for the county of Lincoln in
the Parliament held at Westminster in the 8th of Queen Elizabeth. He
was also captain of her guard, treasurer of her chamber, vice-chamber-
lain of her household, chancellor of the Duchy of Lancaster, and one
of her privy council. He was owner of Copt Hall — at that time the
noblest house in Essex — and Brightlingsea, in the same county, and
married Anne, daughter of Sir Nicholas Poyntz, of Acton Poyntz, co.
Gloucester, by whom he had issue Elizabeth, who became the wife of
Sir Moyle Finch. Lady Anne Heneage died November 3Oth, 1594, and
Sir Thomas, her husband, died I7th October, 1595, owning the Copt
Hall estate, then valued at £24 6s. 8d. per annum. This estate passed
to his daughter Elizabeth, wife of Sir Moyle Finch ; who by letters
patent bearing date July 8, 1623, was in 1628 created Viscountess of
Maidstone and Countess of Winchester. "The purchase of this peer-
age raised at the time much talk. The price is said to have been the
lady's fine seat at Copt Hall as a bribe to Lord Treasurer Craufield."
Lionel Craufield possessed the estate in 1622, and died August 6, 1645.
JOHN FOXE. 33
appertaining to her soules health. After he had performed
what he came for, in reading prayers, and comforting the sick
woman, with such perswasions as seemed good to him, " Well
have you done "(said he), and according to your duty, to pre-
pare yourself for all events, but know this from me, that of
this sickness you shall not dye. . . . Among those that
stood by was Sir Moxle Finch a well known and honourable
knight, the ladies sonne in law. . . . The lady recovered ;
nor can I in this tell an untruth, there being many yet living,
uho could reprove me."
There appears to have been only one Christian martyr
recorded by Foxe as coming from Waltham Abbey, and he
was a smith of the age of twenty-four years. He was first
charged with heresy by a justice of the peace in Essex,
then sent to Colchester Castle, thence to London, and was
burnt at Stratford, in the county of Essex, with twelve others,
in J.une, 1556. His name, trade, and place of abode are
recorded in the first edition of the "Acts and Monuments,"
thus : — " Milliara ||JBlUto*lI has a Jmtitjj of % |)&ns{;t of Malt* (jam
Jjolk rrosse, ano of ijje aq* of 24 gearts or turnabouts." The name
of " Halliwell " is variously spelt ; it occurs twice in the old
parish registers of Waltham, but is more frequently to be met
with in the Parish Registers of Cheshunt, Herts, (an ad-
joining parish to Waltham).
In 1571 a second edition of Foxe's Acts and Monu-
ments appeared, "contayning the Actes and Monumentes
of thinges passed in every Kynges time in this realm,"
&c. In the " Stationers' Register " is an entry under date
1570, which is believed to refer to the death of one of the
family : " Recevyd of Mistres foxe for the herse cloth — xijd "
Mr. Arber writes, " May this be taken as evidence of John
Foxe's death ? " Certainly not the martyrologist's, for there
is an abundant proof that he died in 1587. In 1570-1 Foxe
made his home in " Grubb Street, London." On the 2nd of
June, 1572, he attended his patron, the Duke of Norfolk,
to the place of execution, accompanied by Sir Henry Lee
and Dr. Nowell, Dean of St. Paul's. The duke so much
D
34 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
respected Foxe that he granted him an annuity of £20.
The next year the works of Barnes, Tyndale, and Frith,
collected and edited by Foxe, were issued from the press.
In 1576 the third edition of the "Book of Martyrs" ap-
peared, consisting of 2,008 folios. We are informed that
the martyrologist still continued to collect fresh materials for
a new and improved edition of his work, as well as attend to
the duties of the ministry. About this time he published
an excellent treatise on "Justification/' with an address to
Osorius, who died in 1580. In the year 1586 his health
began to decline, and this is not surprising considering his
many arduous labours. An intimation of the fact is recorded
by his wife to her son Samuel, who had lately returned home
from a tour on the Continent.
" Samuell, we have us comended unto you, desyringe the
Lorde Jesus to blesse youe. Conserninge the Boucke which
you wryghte for, the Boucke of Martyrs, your father wolde
have youe to wryte to the fellowe of Salsberye to knowe yf he
wyll staye tell the Boucke comme forthe, which is halfe dun
all redye, and wyl be better a gret dell ; and for the cronycle,
yt wyll not be longe before you comme hyther yourselfe ; for
I promyse youe I have no money, for I have borred x££ all
redye ; and for the boucke which youe wold haue of youre
father's, I cannot fynde yt in his stoudye. As for youre father
he is so weicke yt he cannot gooe into his stoudye, therfore I
praye youe to praye for him ; we wer with youre Aunte
Randall for the letter of attorneye, and she wyll not doo yt
withowte her Brother Harryes counsayle, and he is not at
home as yet. But she hath sent youe a Letter. No more
to youe. But the Lorde Jesus blesse youe and us all.
Amen. Your lovinge mother.
"AGGNES FOXE."
John Foxe adds a postscript to this letter : —
"Samuell I marvell that you were so unwyse to blabbe
out anything of ye bok of ye Apocalypse to Doct Humfrey.
Such is my weaknes now, and hath been thys moneth, y1 I
can nether eate, sleape, nor wryte, nor goo up yett to my
JOHN FOXE. 35
study, whereby ye boke standeth yett att a stay, in prynting.
The Lord knoweth how I shall goo forward eyther for
fynyshyng ye boke or dedication thereof. Whereof I pray
you to make no words to any person. Pray to ye L. Jesus
for me. He graunt you hys blessyng." * It may have been
about that period that John Foxe, as we are told in his
memoir, spoke severely to his son respecting the " foreign
and somewhat fantastical garb " in which he appeared on his
arrival at home from his long absence abroad. His father
addressed him thus: — " Who are you ? " " Sir, I am your son,
Samuel." " Oh, my son ! " said the father, " what enemy of
thine hath taught thee so much vanity ? "
The time had now arrived for John Foxe to quit this scene
of mortal suffering ; but none of his sons appear to have been
made acquainted with the solemn fact. And it was Foxe's
intention that they should not be let into this secret, that a
sight of his physical sufferings should not augment their
sorrows. It seems that a short time before his death he
desired Samuel, his son, to go a three days' journey about
some important matter, and his sons Simeon and Robert he
requested should not be sent for. Samuel records in
his diary that " in Easter holidays my father died," viz.,
April 1 8th, 1587, at his residence in London. Good old
Fuller notes that Foxe " was not nipt in the bud, nor
blasted in the blossom, nor blown down when green, nor
gathered when ripe ; but even fell of his own accord, when
altogether withered. As for the time of his death, take it
from his own epitaph on his monument, which for the
beauty thereof bears better proportion to the outward mean-
ness than to the inward merit of his person, there entombed
in St. Giles's Church, Cripplegate.
* Harl. MSS., 416, f. 146.
36 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
"CHRISTO S. S.
JOHANNI FOXO ECCLESLE ANGLICANS MARTYROLOGO
FIDELISSIMO, ANTIQUITATIS HISTORIC^ INDAGATORI
SAGACISSIMO, EVANGELIC^ VERITATIS PROPUGNATORI
ACERRIMO, THAUMATURGO ADMIRABILI ; Qui MARTYRES
MARIANOS, TANQUAM PHCENICES, EX CINERIBUS
REDIVIVOS PR^STITIT. PATRI Suo, OMNI PIETATIS
OFFICIO IMPRIMIS COLENDO, SAMUEL Foxus, ILLIUS
PRIMOGENITUS, Hoc MONUMENTUM POSUIT, NON SINE
LACHRYMIS.
OBIIT DIE 18 MENS. APRIL. AN. DOM. 1587.
JAM SEPTUAGENARIUS,
VITA VIT^E MORTALIS EST, SPES VIT^E IMMORTA.LIS."
Fuller has epitomized the life of Foxe in a few quaint and
pithy lines, which are as follow : —
" Rare Fox (well furr'd with patience) lived a life
In 's youthful age devoted unto strife ;
For the blind Papists of those frantic times
Esteem'd his virtues as his greatest crimes.
The hot pursuit of their full crying hounds
Forced him to fly beyond the lawless bounds
Of their hot-scented malice : though their skill
Was great in hunting, yet our Fox was still
Too crafty for them ; though they ranged about
From place to place, they could not find him out :
And when they saw their plots could not prevail
To bless their noses with his whisking tail,
They howl'd out curses, but could not obtain ;
Their prey being fled, their curses proved in vain.
From whence I think this proverb came at first, —
' Most thrives the Fox that most of all is curst.' " *
John Foxe's beloved wife Agnes long survived him,t and it
is believed that she was buried in the same church, from the
fact that the Cripplegate Church Registers record the burial of
" Mother Fox," April 22nd, 1605.
* Fuller's " Abel Redivivus," vol. ii., p. 87.
f In 1592 Mrs. Foxe was living in Grub Street. See Lansd. MSS., 819.
JOHN FOXE. 37
It is impossible to estimate the advantage which has been
realized by the Christian Church from the writings of John
Foxe, especially from his " Book of Martyrs," which for its
popularity and usefulness may be placed side by side with
the universally accepted " Pilgrim's Progress." But no book
has met with a more fierce and merciless race of critics
than the " Acts and Monuments " of the Church. The perse-
cuting Harpsfield under the name of Alan Cope, and Staple-
ton were among the martyrologist's greatest antagonists. And
the same spirit manifests itself in the writings of such men as
Parsons, Collier, Milner, Churton, Maitland, Tyler, Tytler, and
a host of others. While Foxe found himself surrounded by
a host of enemies, so, on the contrary, he enjoyed the
company of many friends who assisted him in his work.
The learned Bullinger who read the Latin edition of 1559,
says in a letter to Foxe, — " I am devotedly attached to
you on account of your piety and learning, but chiefly for
your Book of Martyrs of England." Strype remarks that
Foxe's Martyrology was of such value to the Christian
readers and to the service of our religion reformed, that it
was in the days of Elizabeth enjoined to be set up in some
convenient place in all the parish churches together with the
Bible, and Bishop Jewel's defence of the Church of England.*
During the tyrannical government of Laud, Archbishop of
Canterbury, the " Book of Martyrs " was removed from the
churches. In the churchwardens' accounts of the parish of
Waltham, under date 1634-5, we find that this church possessed
a copy of Foxe's work in three volumes folio ;f but after that
date no mention is made of the Book of Martyrs, which proves
the truth of Laud's severity. The entry in the above accounts
runs thus: — " 1634-5. Certain ornaments and other necessaries
left in the church wl Thomas Dickerson church Clarke as
followeth. One sirplus, one ell of towen cloath to keep it in.
One bible, three books of Marties, one booke of Mr. Juewle's
workes," &c. Before this time " by the seventh injunction of
* Annals, Vol. Ill,, p. 503.
t This edition was published 1632. Athena Oxon, vol. i. 531.
38 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
Edward VI. each parish was ordered to purchase the Para-
phrase of Erasmus on the Gospels,* to be set in a convenient
place in the church." In the Register of Waltham we find
" Item, paid for half the book called Paraphrase, 55."
On May 6th, 33 Hen. VIII., a new impression of the Bible
was finished ; and the king ordered by proclamation that all
curates and parishioners should set up in every parish church
a Bible of the greater volume, that the people might read
therein before All Hallowtide, under the penalty of forfeiting
forty shillings a month after that time. Burnet observes
" that Bishop Bonner, seeing the king wished it, set up six
great Bibles in St. Paul's, and upon each of the pillars to
which they were chained was placed an exhortation to the
people to conduct themselves with all devotion, humility, and
quietness, but not to draw multitudes about them, nor to make
exposition of what they read, nor to read aloud, nor to make
noise in time of service." The people, it seems, came to hear
the Scriptures read, and such as could read, and had clear
voices, came frequently with a great number of persons who
were anxious to listen. In the Cott. MSS., British Museum, is
a proclamation in the king's own hand against persons calling
each other Papist, and heretic, and also against reading the
Bible in English aloud in churches during mass, but allowing
the congregation to read to themselves.f The "Acts and
Monuments " appear to have given even greater offence to
the Papists than the Bible. Oldmixon the historian writes,
" No book ever gave such a mortal wound to Popery as this
Book of Martyrs," and we believe it. The faithfulness of
Foxe is attested by Archbishop Parker in his writings of 1571.
This prelate caused the Bible and the Book of Martyrs to be
kept in halls and dining-rooms of bishops and other dignitaries.
There are many testimonies which give weight and worth to
the book, such as those found in the writings of Whitgift,
Grindall, Camden, Fuller, Burnet, Strype, Soames, Smythe,
* At the dissolution of the Abbey of Waltham, temp. Hen. VIII., this
church possessed " two Gospels in the Saxon tongue."
f See Ogbourn's Hist. Essex, 191.
JOHN FOXE. 39
Jenkyns, Waldgrave, and others. This last-mentioned writer
observes that " The convocation of the English clergy did
wisely when, in the days of Elizabeth, they enacted that every
parish church should be furnished with a copy of Foxe's
' Book of Martyrs.' For — chained, perchance,* lest it should
be lost, but unclasped that all who would might read — that
chronicle kept well in the people's memory the character of
the apostasy, from which they had been rescued at the Refor-
mation.
The authorship of the memoir of John Foxe prefixed to
the volume of the "Acts and Monuments," in 1641, is a subject
of continued dispute. Some have attributed it to the pen of the
martyrologist's eldest son Samuel, and this is probably cor-
rect, as he knew most about him. Dr. Maitland and others
have opposed this idea, chiefly on the ground that Samuel
Foxe died in 1629-30, and that the memoir was not published
till 1641. Yet this does not affect the possibility of its being
written by Samuel, for the author tells us that " he had written
it thirty years previously," which would bring it down to
1610-11. And it was written for the writer's own satisfaction,
without any view to its being published. Moreover, if we
compare the Latin copy in Lansd. MSS. 388 with the writings
of Samuel in Lansd. MSS. 819 and 679, we find the hand-
writing very similar, but in no way agreeing with that of
Samuel's brother Simeon. The memoir having been written
for private reading will in some measure account for the
writer's inattention to dates and other necessary matter.
In the Harleian collection of manuscripts are many original
letters written by several members of the Foxe family, which
are very interesting ; but want of space forbids the in-
sertion of the major part of them in these pages ; besides,
many of them have already appeared in print. See " Church
Historians of England" (Seeley).
* In the church of Waltham Abbey the marks of the chain are still
to be seen on the pillar near the South entrance, where the books were
fastened for people to read. The Book of Martyrs was then called
" Monumenta Martyrum."
40 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
DR. SAMUEL FOXE.
Dr. Samuel Foxe, the eldest son of the martyrologist, bore
a very conspicuous part in the parish of Waltham Abbey (or
Holy Cross), where he resided during the greater portion of his
life. He was born at Norwich on the last night of the year
1560; and at the age of twenty-nine he married Anne
Leveson, of Eastwell, Kent.
In 1587, the same year that his father died, he was
admitted into the service of Sir Thomas Heneage, of Copt
Hall,* after .which he went abroad. Sir Thomas gave the
Palace of Havering-atte- Bower into his custody, a place
renowned in history as a royal hunting seat. This palace
Sir Thomas received by grant from Queen Elizabeth ; and in
this splendid mansion was born Thomas Foxe, the physician,
February 14, 1591. Sir Thomas Heneage the same year
presented Samuel Foxe with the Clerkship of Epping, an old
market town near Waltham Abbey. Samuel Foxe still had
the charge of Havering Palace, as we find from a letter
addressed to him from Sir Thomas Heneage respecting the
Queen's visit to that royal seat, which took place on June 12,
1594:-
" ffoxe, I mervayle much that I haue not hearde any thinge from
you synce I sente you wth my Ire to Mr. Channcellors of the Exchequr,
from whom, what order y° have receyved, or whether any or none,
towchinge Haueringe howse, as yett I knowe not nowe for that the
Queene purposeth to be there on the xij day of the next moneth.
And that order wolde be giuen that the howse, the garden, the
walkes, and growndes there, should bee in good sorte and well
trymmed vp. I send this express message to will yo to come
psentlie vnto mee that I may vnderstand the defecte and give
order for that busynesse whereof ther wolde be espetiall care taken.
At the Courte the xxij of Maye, 1594.
" Yor louinge
" Mr- T. HENEAGE."
* The Princess Mary (afterwards Queen) resided for some time at
Copt Hall. She writes to King Edward VI. from her " poore howse at
Copped Hall, igth August, 1551."
DR. SAMUEL FOXE. 41
In this letter are noted the names of the places where her
Majesty visited in her journey to Havering, viz., —
" 1594 Tewsdaye ye 28th of Maye from Greenwich to Lambeth there
all night.
Wednesday the 29 from Lambeth to Wimbleton ther Thurs-
day & Friday.
Saterday ye i of June from Wimb. to Osterley ther Sonday &
Moonday.
Tewsdaye the forth from Osterly to Hendon ther Wednesday
& Thursday.
Friday the 7th from Hendon to Barnet.
Saturday the 8th from Barnet to Theobalds ther Sonday &
Moonday.
Tewsday the n'h from Theobalds to Lugsborow.
Wednesdaye the twelfthe to Havering ther Thurs : Frid : Sat :
Sunday.
Moonday the 1 7th from Hauering to Claybery, Mrs- Warrens,
ther Tewsday.
Wednesday the i9th from Claybery to Tottenham or Hakney
ther Thursday.
Saterday to Greenwich." — Lansd. MSS. 819, fol. 24.
About this time Samuel Foxe settled down in his quiet and
picturesque homestead at Warlies, Waltham Abbey.
In this ancient manse was born John Foxe, son of
Samuel (second of that name), also Robert Foxe, afterwards
known as a captain in the navy. Jane and Sarah Foxe were
born there. This youngest daughter died June 23, and was
buried on the 26th of the same month in " Waltham Church,
by my pue dore."
In the Lansd. MSS. 819, fol. 8, is a letter concerning Foxe's
estates at Tiverton, written by Rychard Duck (or Duke), dated
December 23, 1592 and addressed "To his lovinge frynd
Mr. Samvell fox att Copthale or elsewhear." In the will of
Dr. Samuel Foxe dated at Warlies, June 29, 1622, he
bequeaths this estate to his beloved wife Anne, and after her
death to his eldest son Thomas and his heirs. She only
survived her husband about a year and four months, and was
42 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
buried in Waltham Church. To Robert was given the sum
of £300, also his father's best horse, armour, and wearing
apparel. To Thomas, the eldest son, being probably more of
a literary character than Robert, was given the library of
books and writings of his father. No doubt, as Samuel was
the eldest son of John Foxe, he possessed most of his father's
MSS., which have now found a lodgment in the national
repository of learned curiosities, the British Museum.*
Strype writes, " I have been conversant in what remaineth of
the papers of John Fox, communicated to me by the favour
of my good friend William Willys of Hackney, Esq., among
which there is a manuscript life of Cranmer ; t annals writ by
an Augustine monk of Canterbury, from the year 1532 to
1538 ; many letters of Fox, and other learned men to him,
relating to the affairs or afflictions of the Church in those
times ; and abundance more, too long here to be inserted.
I have had also the use of numerous MSS. of ecclesiastical
affairs sometime belonging to the famous martyrologist John
Fox, and that by the kindness of a gentleman that was
executor to the said Fox's last descendant deceased."
By " Foxe's last descendant," Strype meant Sir Thomas Fox
Willys, Bart, who died a lunatic in 1701, and by the latter's
" executor," his cousin William Willys, named in the preface
of the Memorial of Cranmer. The mother of Sir Thomas
Fox Willys was Alice, daughter and heiress of Thomas Foxe,
of Waltham Abbey. J
In 1628 Samuel Foxe writes from his "Cell at Warlies," § to
his brother Simeon Foxe, a physician in London, respecting
the marriage portion of his son Thomas ; in January of 1629-
30 he died, at a good age ; and his remains were buried in
the Abbey Church of Waltham on the i6th of the same
month. To this church he bequeathed the sum of £5.
Mr. William Lovel resided at Warlies after the death of
* Harl. MSS., 416 to 426.
f See Camden Society Publications.
J See " Narratives of the Reformers," Camden Society.
§ In this letter he mentions his cousin Isaac Foxe of Lincolnshire.
DR. SAMUEL FOXE. 43
Samuel Foxe. In the Register there is an entry of the
death of this gentleman, — " 1656. Mr. Lovel, Squire, died at
Worleys, April 28." After the Foxe family had removed
from Warlies, the estate was, early in the last century,
occupied by Richard Morgan, and in 1760 George Carter
resided there. His wife Julia was a relative of the Willys
family. This lady erected a handsome monument of marble
in Waltham Church to the memory of her father and mother ;
the inscription runs thus : — " To the memory of James Spill-
man, Esq., F.R.S., many years Director of the Bank of
England, and a Commissioner of Greenwich Hospital, died
21 November, 1763 ; and of Hester his wife, one of the sisters
and co-heiresses of Sir William Willys, of Fen Ditton, in the
county of Cambridge, who departed this life August 3rd, 1761.
This Monument was erected by their only child Julia, wife of
George Carter, of Warlies, in this county." Late in the last
century the estate of Warlies was held by the daughter of
Mr. George Carter, from whom it passed into the possession
of William Banbury, who died June 24th, 1850, aged eighty-
three. Sir Thomas Fowell Buxton, Bart., is the present
owner of the estate. This beautiful mansion of Warlies
stands on low ground surrounded by an extensive park (250
acres), well studded with fine old oak and elm trees. Its
situation is in the hamlet of Upshire, about two miles E. by N.
of the town of Waltham Abbey.
An Account of Samuel Fox, extracted from his Diary.*
" Anno Dni 1560 in ye third yeare of ye reigne of Q. Elizabeth, the
last daye of the years being Newe years cue in ye night I was born
at Norwiche wher I remained Anno 1561, & 62, untill I was three
years old. From thennce I was brought up to London ; my father
then dwelling at the Dukes House wher I went to schole first wth
Mr. Ruddoke then wth one Gisborn & lastly wth Mr. Heron &
Muncaster.f In my infancy I can remember the insurrection in the
North, the death of ye Duke of Norfolk, the beginning of ye wars in
* Lansd. MSS., 679.
f He was sent to Merchant Taylors' School. See Wilson's history
of that school.
44 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
ye lowe country ; the batayle fought by sea between the great Turk &
ye Venetians.
"Being 14 years of age anno 1574 I was sent to Oxford wher I
was elected Demi in Magdalen College & so remained 7 years.
Anno 1576 I went to France. Anno 1581 I was chosen probationer
in Magdalen College and being repelled by a contrary faction was
restored by the Queene's 'ters mandatory. Anno 1583 on Ester-daye
I went out of England into Germany where I studied at Lipsia a
year.* Anno 1584 I went to Basilca in Helvetia & after a half years
abroad ther passed over the Alps into Italy wher I remayned a year
£ a half & so returning home through Fraunce I came into England
in ye end of June 1586. At my return from beyond ye seas my
father gave me the lease of Shipton-under-Wichwood. Anno 1587
in Ester holydayes my father died, as may more exactly appeare by
his monument erected by me near his buriing place in a wall of ye
chancell at St. Giles Creplegate. The same yeare I tooke degree of
Master of Arts at Oxford. The same yeare I was entertayned into
Sir Thomas Henneage service being then made vicechamberlain.
Anno 1588 I was sent over to Hambrough. Anno 1589 I was
married to Ann Luson at Estwell in Kent, in Sir Moyle Finches
house being the 15 of August when were only present Sir Moyle
Finch & his Lady my Lady Hennage, Mr. Ashworth & his wife, &
Mr. Stubbs ye Minister. Anno 1590 ye last daye of ye moneth &
year being newe years eaue & the same day 30 years wereon
myself was borne, was born into this world my leenest daughter Ann
at Shipton in the parlor chamber in ye personage house, between
two & thre of the clock in ye morning whos godfather was Sr Moile
Finch, godmothers, my Lady Henneage & Mrs. Barrett. Hauering
house.
"Anno 1590 I had my dawnter, I had also geuen me the lease of
St. Jeames in Corn well, of Kings College in Cambridge f I surrendred
my place in Magdalen Coll : in Oxford for wch I had 7 sib & a promise
of the manor of Caukett hall in Loueland wch I surrendred to Kemp
* A fuller account of this journey is given by Foxe in another part of
the MS.
f " A note of the particulers of certen parcells of land, parcell of the
Mannor and Priori of St. James, neare the cittie of Exon, to be procured
from Mr. Fox, Mr. Vichamberlyn's man, whose intrest is for ] 7 yeres, to
begyne at Michelmasse next."— Lansd. MSS., 819, fol. 72.
DR. SAMUEL FOXE. 45
the tenant for 12583. — Burges of ye parliam. the keping of Clavering
house.
"Anno 1591 was geuen me of my master the receauership of the
highe Peake in Darbyshire wch I sold Wlm Crowshlowe for golb.
" I bought beacon house of Richard Copland for 50!). My Lady
procured me ye clearkship of ye mercat at Epping. I had the lease
geuen me of Shepley & Burton in Northumberland.
"Anno 1592 I went twise into Lankashire about the manor of
Halton & throughe Westmerland & comberland all along the
middle merches to Barwick & into Scottland."
Continuation of Samuel Foxe's Travels (Lansd. MSS. 679).
" Anno 1583 mense April di Primo Pasthatis stilo veteri. I set out
of Lee in England to pass for Germany wher entring into the river
Albis or Elu I arrived to Hamburg a cytie of ye Land of Saxony
from whence I trayvayled through LVNEBVRG, BROUNSWIK,
ASSCANIA, HALUERSTAT, HALAND so to LIPSIK wher I remayned
almost a year visitinge Juliberg and Torga, ye year following 84. In
Marche I left Misnia and Saxnia and passing through Thuringia,
Hassia ye Palatinat of Rhein and Elsatia into Heluetia I saw thes
places. From Lipsik to Lytsen, Wissenfelt, Merspurg, Namburg,
Friburg and passing the river Sala we cam to Erford a great and
ancient cyty sumtim an vniuersiti and so to Gotha wch was beseaged
and sakked of the Princes of Germany. Isenach wher Lutherus was
in exile calinge it his Pathnms, Sumsea, Berga, Hirstat, Anle, Elsfele,
Rumrode, Groningburg, Fridenberg, Francfort on ye Mayn wher
resting vntil the mart was out I encountred wth Mr. Parnis, Thornton,
Osborn and others, merchants of England wth Mr. Anthony Mely
passing for fraunc wth Gent and Chamberlayn cominge out of Italy
and the graue of Falestein after to Langa, Arheton, Tornsteat,
Bersheam, Ladeburg wher passing the river Neccarus we sawe Spire
and parted vp the river Rheims to Edenlie, Mylburg. Stolhof newly
reedified Lenctenan, Bisshofser, Strasburg passing ouer the longe
wodden bridge vieuing the steple and churches wth the diall, from
thenc to Margelshem and Brisak out the Rhein and Friburg in
Brisgaw we cam to Basil wher I bourded wth Jacob Grineus, found
ther John Slead and after Haws englishe men of Canbrige. In
lytle Basil in the Carthusians Closter in choro sepultus jacet Thomas
Poltonus cpiscopus Vigornensis objit 1533, tempore consitii Basiliensi
46 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
eui ipse cu. Episcopo Rqffensi intererat. .Not far from Basil is the
ruings of Augusta Rauracorn and at Turnach was a battle fought
betwen the swizers and the lions of Austria. Hauing remayned at
Basil all the soramer I passed to Rheinfeld, Brug vpon Arna
Kiningsfeld wher the duke Leopoldus of the house of Austria slayne
of the swize in the battel fought bi Sembach lieth buried. Baden
vpon Limat wher the warme bathes bee and the whyt doue
Wettingen an abbey therby. Zurich or Figurn vpon ye lake wonder-
ful pleasant. Shafhaus wher the Cataracte of the River Rhein fall
by ye Castle Lawsen Cosnit or Constantia on the Boder sea or Lacu
Podamico wher a councel was holden and Ihon Hus was burned,
from Constantia ouer the lakes to Vberlinge Fullendorf and passing
ouer the nuer Tanan or Danubius we came to Vlma a statly cyty
wher restinge thre or foure dayes we sawe Fuckerorn hortos, the
einlass wher they receaue the post at nyght, the conduct of water.
From thence takinge post for Venice we passed by Latsberg and Etall
a monastery and so passinge the alps we came to Sea selt wher a
myracle is to be scan of a gentleman wch desiring the preist to give
him maiorem hostiam then to the rest sunke and imprinted his
fingers in the alter, at last we cam to Isbruk or Anopontem wher
Ferdinandus deepethe cour we saw also by the way the rode wher
Maximilianus primus set up a crucifix, from Isbruke ouer the prenner
wald to Sterteingen, Brixen, Kswasen Botzen, wher I was endangered
wth my dogg and so by Newmarket to Trent, from Trent to Augsburg
49 miles. From Trent to Castelfranc, Trensio, Maiswes, Magera,
Venice. At Venice are My lord Prior, Dr. Parkins, Thomas Cielo
Th : Lanclot Rowlandson, Nicholas ye scot, Gittry luter, Ther wear
also my L. Pagat our Mr. Marshal & Gile Gregory master of a ship.
From Venice I went unto Padua by Lucificina & so vp ye brenta.
At my cominge to Padua I found Englishmen ther, Mr. Griffin,
Richard Willoby, Bruss Middilton ; ther came after Mr. J. Wrath, Mr.
W. Cicell, and J. Cycil, Mr. George Talbot and Maneinge, Herson,
Cokk, Loke, Martin Vere, Teder and Preist, Dr. Walker at Padua.
I lodged firste in Borgo di pione, and after by ye Bo, in Ca di ma
dona Magdalene Tedesea. I came to Padua ye 13 of October, mem.
ye 19 of the same. At my being ether I went to Venice upon
Assention day to see the tresure and the spowsinge of the sea. At
my abode ther ther fell hayl upon magdalen eaue of 14 ounces a
peace. Ther saw I also the princes of Japan. In the same year
DR. SAMUEL FOXE. 47
Pope Gregory 13 died and was suffected. Cardinal Montalto called
Sixtus V. At the same time died Nicholas di Ponte duke of Venice
was suffected Pasqualis Cyggonia. In Judge the bandits wear nobled
& conte Pepoli a great ma of Bologna strangled. The duke of Guise
rose agaynst the Hugonots.
Anno 1585 Arundel taken at sea and imprisoned. Westmorland
died in ye tower wth ye shott of a dog. Shelly condemned of treason,
Parry, Throgmorton executed. The earl of Bedford dyethe his
sonne my L. Russel slayen upon ye Scottishe borders. Antwerpe
beseaged and taken whereupon the castel of Piacenza wch was before
in ye kings custodi was forwarded to ye duke of Parma. The Q. of
England taketh upon her ye protection of Holland & Zealand.
August 7 stilo vet, died myne Vnkle Thomas Randall & James
Collins.
At my being at Padua fell also the nage call ende of the two Orsene
& of Corambona the wiff of Paulo Gordano.
Drak scowreth the seas.
My Lord of Leacester goeth into Holland.
Pope Xixtus maketh 8 cardinals amonge ye rest -ye bishop of
Padua.
Anno 1586 After delivery of a greavous payne wch I had in myne
eyes ye 13 of May stilo nouo I leaft Padua from whence I went by
Rodongo through ye Policene to Terrara mil. 50 ; from thence to
Bologna 30 at ye thre & twenty of Maye I went by Castelfranc to
Modena m. 20 from Modena to Rubrica & Reggio 15 m. both
belonginge to the duke of Terrara. From Reggio to Parma 15 m.
From Parma ouer ye river Taro to St. Dom, 15 m. to Fiorenzola &
Piacenza 20. to ye castel of St. Johan a Snadella 18 & so to Vogera
15 to Tortona 10 to Alexandria 12 thes places belong to ye Spaniard
& have Spanish garison. From Alexandria we came to Asti 18 m
and so by Villa nona ad chert to Turin 22 wher resting to see ye duke
of Sauoia's court & other places of Piermont as Saluzzo Cremanuola
both vnder ye french kinge & mont viso called mons vesulus I leaft
afterward Italy hauinge traueled from Padua to Turin 242 mil. After
leuing my company Sr Carlo Canale, Paulo Emilo Martini & St.
Francesco Rocca thre gentlemen of Saulzo I hired a Maron to pass
the alps into France. The 30 day of may from Turin to Rinara &
Villanara & St. Ambrosio, leges 4 by St. George Tuttzole & Susa a
citie 5 leges ouer the mount Senis to Anneberg 7 by Samitie, St. Jeni,
St. Johan, Allasambra 12, to Montmelia where the duke kepeth a
48 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
strong garison to Chamberi 10 1, the cheaf city of Sauoia wher I mett
w**1 Mrs' Swogo passing for millan wth her children, at my being at
Turin was honourably entertayned ye Venetian Ambassador and
others ye christing of Alfonso ye dukes young sonne, From Chambery
to tour du pain ouer ye mount Gabelletta 9! : & from thence to Lions
10 : the some of leges 57 make 171 m.
Mount Senis deuideth Pimont from Sauoia, mot. de Gabelletta
Sauoia from Daulfinie. I came to Lions on Corpus Christi day
w^ was ye 5 of June. Lions liethe vpon two fayre rivers Rhodanus
& Sona. At my coming into Fraunce ther I found so great a dearth
yl the people died for want of food in every place wch caused me to
hasten ye more from Lions to Terrara & Roana, izl. wher meating
Mr Cecill we bought a bote & went down ye soire by Marsinie,
Desisa, Neuers 34!, La charitie & Jean George to Orleans 37!, From
Orleans by wagon to Charte & so to paris 34!. At paris my Lord
embassador Sr p. Stafford relieued me wth crowns whereof I was
destitute by the excessive dearnes of trauayl in so great a dearth.
From Paris 17th of June by St Dennis to Pontois & so to Roan 241
& then to deape wher wayting for a wind we took shep & ariued at
Rye.
The last will and Testament of Samuel Foxe.*
Anno Domini 1622 Junij. 29.
In nomine et omine sacro sanct et indiuiduas Trinitatis, Dei patri
et filij et Spiritus stl et cetere Amen.
I Samuell Fox of Warlees in the parish of Waltham holy cross in
the county of Essex &c being in health and right understanding at
the writing hereof (thanked be God) do ordaine & appoint this my
deed & act to be my last will & testament. In primis I commend my
soule to almighty God, & my body to a decent & Christian-like
buriall at the discretion of my executors w^out superfluous & un-
necessary exequies. Item, I will that all my debts wch I shall dye
alliable vnto, be satisfied & payd, a shedule vvherof shal be God
willing heerunto annexed. Item, I will & bequethetobe distributed
to the poore inhabitants of Shlpton & Askot in Com. Oxon. 5lb.
Item the like sum of sib. to the poore of Waltham h.c. aforesaycl.
Item I will and bequeath to my louing wife Ann all my landes free-
hold & coppy duringe the term of her naturall life provided & after
* Lands. MSS. 819, fol. 32.
DR. SAMUEL FOXE. 49
her death I will and bequeath all thos landes freehold & copiehold
that are now in my owne tenure & occupation viz. All thos landes
called or known by the name of Warlees wth ye appertinances to-
gether wth ye land & appertinances lieing at Pikk hill * belonging
some time to Woodfords & also thos fields & meadowes called Sud-
fields & Sharpsfields & Greenes Grove wth all the groundes, wood-
groundes & groueths housings orchards & gardins now in the tenure
of me the sayd Samuel & more particularly specyfied in theyr severall
deeds & coppies, unto Thomas Fox my eldest sonne for his life &
after to the heyrs of his body lawefully begotten, & for lack of such
heyrs to my yonger sonne Robert Fox & the heyrs of his body law-
fully begotten & for want of such issue to my two daughters Ann
Botteler & Vrsula Wollaston & to theyr heyrs according to the
custome of ye manor.
Item I will & bequeth to my yonger sonne Robert Fox my
house & land at ye parke gate wth all the howsinge barnes stables
medowes pasture woodes & other appertinances severally specified
in the coppy of court roll sometime Edward Greenes & nowe in the
tenure & occupation of Wlm Scfaggs for & during ye life of my sayd
sonne Robert & after to the heyrs of his body lawfully begotten &
for want of such heyrs to my sonne Thomas aforsayd & his heyrs &
for want of such issue to my two daughters Ann B. & Vrsula W.
aforesayd & to theyr heyrs according to the custome of the manor
in suche manner of entayles. Furthermore I will & bequeth my
lease of Shipton vnder Wichewood in the county of Oxon to the
payment of my debts & the discharginge of suche legacies pentions
& portions as followe to be discharged by my exequtors out of the
rent & profitt therof viz. — I will & bequeath to my sonne Robert
out of the rent of Shipton Askot,t Lina or Milton the sum of 2olb
per annum to be payd him by iolb every half year at the vsuall feastes
& times of ye year wherein the rents be payable during the term of
his life. Further I give & bequeth to the same Robert 300 to be
paid him in three yeers my debts being first discharged, by a hundred
pound a year. Item I give & bequeth to my daughter Ann Bot-
* The farm is still tenanted. It joins Warlies Park.
t In fol. 20 of the same MS. occurs the following entry : — "The ij
daye of October, Anno Domini 1593, Received of Mr. Samuell foxe my
mayster the some of V£, for my halfe yeares wages due to me at Mycaell-
mas last. Be me, Jhon Deabant, curat of Ascot.
E
50 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
teler 2olb- Item I give and bequeth to my daughter Vrsula Wollaston
2olb. Item I give & bequeth to my godson & grandchild Edward
Wollaston sonne to Henry & Vrsula Wollaston 2Olb. Item I give
and bequeth to my loving brother Dr. Fox 20lb thes last severall
summes to be leuied and payd out of the next sayle at felling Stokly
Coppice in ye forest of Wichwood belonging to the lease of Shipton
aforesayd. All wch summs being payed my will is yl my exequtors
or the suruiuers of them or after theyr departure the next in order of
my heyrs as is set downe before in my succession for my land shall
have, hold, occupy & enjoye all the remaynder & time vnexpired in
the sayd lease Prouided always that the sayd lease be not alienated
or sold wthout consent of all parties that have any interest or claime
therin by or for any pention or portion assigned or bequethed
them in & by this my will & testament vntill the sayd pentions &
portions all of them or euery of them be fully & sufficiently con-
tented & payed as is before specified & sett downe. Item I will &
bequeth to my sonn Thomas my library of bookes & writinges & to
my sonne Robert my best horse armour & apparell. All my other
goods, cattle furniture stok & householdstuff I bequeath to my sayd
wife prouided that she leave my house at Warlees to my heyre fur-
nished as it shall please God. I leave it at ye time of my departure.
Finally I do appoint & ordayne my loved wife Ann & my eldest son
Thomas Fox my exequtors & my brother Simeon Fox, Dr. & Pro-
fessor of Physik overseer of this my will and testament. Strayghtly
charginge as well my exequtors as all other that are to have benefitt
by this my will especially my children that they presume not to
enterprize any suit of lawe troble or molestation one of ye other,
but to abide the aduice councel & determination of my sayd overseers
theyr unkle in all and any matter concerning any legacy conteyned
herein. And I give alowance to him my sayd overseer of this my
will for & to the good of my wife & children in his discretion or
vpon aduice of councel learned in the lawes to alter, add, amend, any
matter of circumstance & form as also to expound & decide any
doubt therein that may bread controuersy, the trewe meaning and
purport heerof & the good & profitt of my wife & children allewaye
respected Av-oyp<i<pov, Sam : Fox : Anno ^Etatis 62 Imminent
minantq climaterico Monenario septeno. Quin uno Liberationem
tuam expecto Dno. simul atq. Jacob, Gen : 49. 18."
DR. SAMUEL FOXE. 51
Extracts from the Proceedings of the Lord's Court, Baron
of the Parish of Waltham Holy Cross, A.D. 1605-6, temp.
James I. : —
" May 28. 2 Jac : Samuell ffox gent adm : to a meadow called
Seaffeild meadow (intr apud Male 1630) & to a
close call : Suffeild.
" May 1 6. 6 Jac : He was adm : to a meadow called Holies mea-
dow wth ij hedgrowes, Cont : 1 2 a. & to Pery-
feild the les cont. 4 a. 7 6 pol : & to a peece
lyinge in 6 pcells cont. 20 a. 2 r. 33 poles call :
Peryfeild the great, woodes, & Jolles. i. ixs. id.
" May 20. 3 Jac : He was adm. to a grove 4 a.
"(May 20. 1 4 Jac : Wm Greene adm: to c ten lands Call: the
Nobles.)
" Junij 20. 3 Jac : A Rec : agt Samuell fox of a mess., ij gards
ij orch : 60 a. of land 20 a. of mead : 20 a. of
past : & 5 a. of wood in Vpshire & Seff. vouch :
Wm Symonds sen, & he vouch : Wm Symonds
Jun. who vouch, the common vouchee.
"A note of Doctor ffox Cop: such as he sent me by Mr.
Wollaston."
A Letter from Samuel Foxe to his brother Simeon dated from
his " Cell at Warlies," Waltham Abbey, March 12, 1628.*
" Good brother see how fair yr loue & my desire of furdering my
sonns proceadings in so laudable a course, hath transported me
beyond my owne resolution & all true rule eyther sconomicall or
politick, to capitulate wth my child or to make strangers vmpires &
acquainted wth my particulars & designs. Yet bycaus you hold it
expedient & I thinke it also reasonable in regard of so fitt a match
& so valuable a portion (as I hear is offered) that ther should be a
manifestation also on our part what we will doe in counterlieu therof.
Take this from me wch I ever intended as God of his blessing gaue
him me & made him the first borne of my streankth so am I still
minded to settle my poor estate in & upon him. viz My meaning is
after myne & his mother's decease, he & his (if god send issue) shall
* Harl. MSS. 416, fol. 222.
52 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
succead in all & also after my decess be ioynt-partner wth his mother.
Excepting a smale copy hold (not worth the speaking of) at ye parke
gate & 300^ in money & 2o£ annuity out of Shipton prebend w°h
I intend to his brother Robert for his better maintenance & can be
no great empeachment to him considering ther will be wthin two or
three yeares as much wood fellable what in Stokly Coppises what on
my ground heer in Essex (wthout doing any wast) as shall (I hope)
defraye that slender exiquity. And for the cheafest matter on ye
gentlewomans behalf (whom for the woorth I heer of her I much
esteem). I shall be contented to make her a ioynter eyther out of
land or lease (as shall be found most benficiall for her behoofe by
her frendes) betwixt a hundred markes or 100 poundes ratably to
proportion of y' portion she shall bring wth her. And for ye portion
itself I have given my sonne free choice of his wife, so shall I be
well contented without any defalcation that what she bringeth shal
redound wholy to theyr owne proper vse & employment. Also I
shall be contented my sonne continewe the same maintenance he
hath out of Shipton lease as formerly. And as I have given way
already to him in ye choice of some tenants ther & haue giuen him
a tast of my well meaning toward him in that parcell of land wch
descended to vs from his ancestors in Lincolnshire * by death of my
cosinn Isaac Fox so mean I likewise vpon all occasions & in matters
of the like nature to be no less forward in furdering his honest in-
deuors & not only be a good father but a steward for him, As for the
making of his place in the college & the gratuity he shall receaue at
ye giuing ouer his felowship I put it not into account as being his
owne peculiar as also his faculty out of his education more worth
then all I shall leaue him. Neyther will I putt into ye ballance (wch
well I might) the disburdening him of his sisters portions wch should
haue layne vpon him aboue a thousand pounds thick, who (I thanke
god) ar so bestowed yt they shall be rather an ease & a credit then
any incombrance to him. Nor yet ye payment in of thos debtes wch
I was then forced to come into for thos & ye like respects, I thanke
god I have cleered all & doe owe at this daye no man anythinge
saucing my loue & dare be bold (to his praise only be it spoken
wthout vaunt who hath inabled me) that ther is not a youngman (his
* In Lands. MSS. 819, fol. 72, is a brief account of "The demayne
lands belonginge unto the Manor and Lordshipp of Swyneshed, in the
countie of Lincolne."
DR. SAMUEL FOXE. 53
equal) in this country y* shall come to his heritage (homely though
it be) more fayrly & freer then he shall doe. As for ye particulars &
valuation of my liuing I neither list nether (I thinke) do you look for
y1, I should sett downe it weer but a blazon. I had rather (when
the busines is ripe) they whom it concerneth should be theyr owne
surueyors or at lest take notice of it by others report then mine
owne. For I doubt not but themselves (being reasonable men)
will find it competent enough & others will make it more then I
would have them. Such a world it is now that a man maye do one
more wronge in extolling then extenuating his hauiour. It weer
good liuing heer if our liuings & meanss lay farder of. In regard
whereof & some other respects I am to intreat you so to dispose of
this brief as it maye be to purpose & for ye vse only for wch it was
intended. If the preceding goe forward wth Mr Farnabe & his
daughter I shall hold it and keep it wth them as my act and deed :
to other purposes I hold my self disingaged. Neyther am I yet
any way ielous of my sonne awful respect & affection toward his
parents but as I have no cause to mistrust, so would I be loth to
give any to tempt him. Too great a charge makes the peece re-
coy 11 & benefitts ar so long gratfull & in request as something is
still in expectancy. But I leaue all to yr use & discreet managing
& my sonns hopeful & happy proceeding. But especially to god's
best guiding wch is principall, the rest is all accessory. To his
keaping sr I recomend you & my best love to yr self. Fare you
well.
" Your assured louing brother
" SAMUEL Fox.
" From my Cell at Warlees this 12 of March 1628.
" I pray you good brother send me something to purge this
reumm & melancholy, but I must remember you yl Alces agreeth
not wth me. If this ter come to you later then you look for &
the date it beereth I am loth to commit it to any handes but such
as may deliuer it to yr owne. Fare well S. F."
This letter is addressed "To his very louing brother Mr.
Doctor ffox at his house in Carter Layne, D.D., theire,
London."
In this Collection of Manuscripts is an original letter of
54 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
Samuel Foxe respecting the marriage of the clergy against the
Council of Trent.
Additional Extracts from Samuel Foxe's Commonplace
Book. Landsdown MSS. 679.
This small volume of 153 folios contains many curious and
interesting notes besides those concerning the family. On
the first folio are written these words, " This was Samuel Fox's
Book, eldest son to John Fox ye Martyrologist. And after
Dr. Thomas Fox his son." Samuel Foxe commences fol. 39 with
the entry of his marriage, and continues to enter the births,
marriages and deaths of his family to the year 1626. His son
Thomas begins at fol. 38, A.D. 1636, and finishes a year before
his death : —
"Anno Dni 1589. I maried Ann Leueson at Estwell in Kent, 15
August 1589. ^Etatis mece 29.
"Anno 1590 vpon Neweyeres daye in the morning between 2 and
3 of the clock in the morning the same daye 30 years that I was
borne on, being also fridaye, was borne An. Fox at Shipton vnder
Wichwood in Oxfordshire. Christened by Sr Moile Finche, My
Lady Henneage & mrs Barrett.
"Anno 1591 vpon Shroue Sunday (Feb 14.) about 2 of the clokk
in the morning was borne Thomas Fox at Hawering in the boure in
the kinges house ; his godfathers Sr Thomas Henneage & Sr John
Leueson ; his godmother my Lady Finche.
" X593- 9th of July being at 3 of the clokk in th' afternoone was
born John Fox his godfathers Sr Wlm Twesendenf Mr Willm
Rowe f & my Aunt Mary Randal he died the 7 daye of September
& lieth buried in Epping church.
* Sir William Twysden, of East Peckham, married Anne, daughter
of Sir Moyle Finch. They had two sons, very learned men ; the elder
was editor of the " Decent Scriptores" and the other was the celebrated
Judge Twysden.
t Probably Sir William Rowe, Lord Mayor of London, 34 Elizabeth.
He had estates at Epping. There was a William Rowe, of whom
O Rare Ben Jonson sang. See Epigrams, cxxviii., " To William Roe."
According to the poem Rowe was a traveller. The first four lines run
thus : —
DR. SAMUEL FOXE. 55
"Anno 1595 ye 21 of July being Moondaye at 3 of ye clock in
the Afternoone was borne Vrsula Fox at Hauering, christened by
mr Wlm Loueles ; my sister Diongee Springe and my sister Vrsula
Gresham.
"Anno 1596 ye 21 of October being Thursdaye at nine of the
clokk in the morn was borne John Fox the second of that name
christened by Sr Robert Lee* & Sr Francis Cherry & my sister
Mary Leueson he was borne at Copt hall & died the 6 daye of
January at Hauering & lieth buried at Rumford.
" Anno 1597 the 5 of December at 9 of ye clock in the morning
beinge Moonday was borne Robert Fox, christened by Owen Wood
deane of Armach t & Robert Hall \ & Mrs Wighan Buggs.
" 1599 the 23 of January being Tewsdaye about eleven of ye clock
at night was borne Jane Fox at Copt hall, christened by Dr Dodd, §
byshop of Meth & mrs Jane Mondes & John Serll. She died & was
buried in Epping church the 4th of February.
" Roe, and my joy to name, thou'rt now to go
Countries and climes, manners and men to know,
T' extract and choose the best of all these known,
And those to turn to blood, and make thine own."
* Probably Robert Lee, Sheriff of London, 1594.
f Owen Wood was of Jesus College, Oxford, Master of Arts in 1584,,
and afterwards Dean of Armagh, in Ireland, March 17, 1596. He was
the second son of Hugh Wood, of Tallylyn, in the Isle of Anglesey —
second son of William Wood, descended from Wood Hall, in Lancashire
— by his wife Jane, the daughter of Hugh Prys ap Howell> of Mossoglen ;
descended paternally from Lloworch ab Bran, one of the fifteen tribes.
Dean Wood's wife was Joywan, daughter of Richard Cledden, Chaplain
to Queen Elizabeth, and Justice of the Peace for the county of Middlesex.
Anthony A. Wood says that Owen Wood was made Dean of Armagh by
the favour of Robert, Earl of Essex, in whose treasons he was engaged
in 1600. See " Fasti Oxoniensis," vol. ii., 226.
J Robert Hall, probably son of Robert Hall, Justice of the Peace in
Waltham in the reign of Elizabeth, and grandson of Robert Hall of Ely,
who was buried in Waltham June n, 1579. The Justice of the Peace
was buried Sept. 13, 1583. This family of Halls resided at Claverham-
bury, in the parish of Waltham. Robert Hall, the friend of Dr. Fox,
died here, and was buried September 8, 1615, — " Buried Mr. Robt. Hall
de Claverbury."
§ Roger Dod, D.D., Dean of Salop, and afterwards Bishop of Meath,
56 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
" 1600 the 8 daye of August beinge fridaye about Midnight was
borne Sara Fox at Copt hall, christened by my brother Simeon Fox
my sister Grisild Leueson & my Coseun Sara Barnes. She died the
23 of June Anno 1608 & lyethe beried in Waltham Church by my
pue dore.
"Anno 1617. My daughter Vrsula maried to Henry Wollaston
ye 29 of April. They borded wth me 3 yeares & in Maye 1620 they
went to keepe house at Fishers.
" Anno 1620 the 5th daye of October my daughter Ann was maried
to Christopher Botteler Esquire,* at Aston Berry in Hartford-
shire.
"Anno Dni. 1621, the 15 of June being friday between 6 & 7 of
y« clock afternoon was borne Edward Wollaston christened ye 27 of
the same moneth My Lord Denny f & my self being godfathers &
Mrs Burnhill god mother. At Waltham church Mr Geoffres preached
& christened him.
" Thomas Fox was this yeare Procurator at Oxford.
"Anno 1622 Th. Fox was chosen Bursar of Magdalen College in
Oxf.
" Anno 1623 the i8th day of February about 5 ol ye clock in the
euening being tewesday was borne Ann Wollaston, christened ye 2 7
of the same moneth. Sr Wlm Terre godfather & my wife Ann Fox
& Grisild Louesonf godmothers. Note that in this copulation of
yeares, we begin the year at the Calendss or first daye & not
according to the church of Englands account, beginning at our Lady
day the 25 of March.
" Anno 1624- ye 23 daye of March being Tewsday between 3 & 4
of the clock afternoon was borne Catharine Bottler at Fishers &
christened at Waltham ye 8 daye of Aprill following. Godmothers
the Lady Catherinn Gerrard dowager her grandmother by father's
* Christopher Boteler was the fourth son of Sir Philip Boteler, Knt., of
Watton-at-Stone, Herts.
f Edward Denny, second son of Henry Denny. This Edward was
born August 14, 1569, knighted in 1589, Sheriff of Herts 1602-3, sum-
moned to Parliament October 27, 1604, as Baron Denny of Waltham,
and advanced, by patent 24th of October, 1626, to the dignity of Earl
of Norwich. Died 2oth December, 1630.
J " Grisild Leueson " was buried at Waltham. The Parish Register
records that " Misteris Grisill levison, a mayd of 80 yeares of age, buried
Dec. 22, 1648."
DR. SAMUEL FOXE. 57
side & the Lady Francis Botteler late wife of Sr Robert Bottler god-
fathers Mr John Botteler & my self her grandfather.
" This year Th : Fox was agayne Bursar.
"Anno 1625 the fifteenth daye of March being also Tewsday &
within compass of ye year of ye birth of the other childe Catherin :
my doughter Ann Botteler was deliuered of a sonne at Fishers in
Holyfield about eleuen of ye clock before noone. He was christened
John. His godfather, John Botteler of Wrathall his uncle by fathers
side & Dr Fox his great vncle by ye mother. His godmother &
grandmother Ann Fox ; he was christened in the hous the last day
March.
" This year died King James 1 7 Martij.
Anno Dni. 1626 the fifteenth day of February being Wednesday
about fiue of ye clock at euen, and not much before the chang or
prime of the moone my daughter Ursula woollaston was deliuered of
a boy christened at Waltham church ye 23rd of Feb. by ye name of
Henry Goships. Dr Fox, Mr Samuell Middlemore and Msts Ann
Boteler, Substitues for y« Godfathers Mr Thomas Burnhill and Tho.
Fox.
"Anno 1626 the 22th day of August beeing tuesday about eleuen
of the clock before noone was borne Ann Boteler at Stapleford in
Hertfordsheire and christened on thursday ye last day of ye same
month, hir godfathers Mr Nicholas Boteler of Netherhall, God-
mothers my Lady Ann Boteler wife to Sr Jo : Boteler of Woodhall
and Vrsula Wollaston.
"Anno 1627 ye 3d day of november beeing satterday (in cro.
aiarum.) about 2 of the clock in the morning my daughter Ann
Boteler was brought to bed at Stapleford of a sonn, christened
Phillip : Godfathers Phillip Boteler vnkle by ye father's syde, Tho.
Fox vnkell by ye mother's syde, and Mrs Boteler wife to Mr Nicholas
Boteler of netherhall god mother.
"Anno 1672, The 27th day of September being tuesday about fiue of
the clock in the evening died My Cosen John Botteler att his owne
house att Stapleford in Hertfordshire and he's buried at Watton."
The remaining portion of this diary appears to have been
written by Dr. Thomas Foxe :—
" Laus Deo.
"Anno 1636, 22 febuarii being Ash Wednesday betwixt eleven and
twelve of ye clocke att night, was borne Alice ffoxe att Pett by
58 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
charing in Kent christened vppon ye 5 of march by Mr. Henry
Honiwood * hir vncle, ye Lady Honiwood hir Grandmother and
Mrs Judith Shurly hir Aunt. Hanc In Deus meus protege sub a/am,
mam. vmbra.
"Anno 1642, April 19, about 2 of ye clocke atte night my uncle
Doc. Simeon ffoxe died in Amen Corner by pater noster Rowe, and
lies buried in St Pauls church London att ye North dore by Doc.
Linacer his Tomb; his funerall was uppon Snt Marks day being ye 25
of ye moneth.
"Anno 1646, may 29, my brother captain Robert ffoxe died at my
sister Wollaston's house in Waltham Abby about 12 att noone, and
lies buried in ye chancell nare ye Earle of Carlisles seate ; hee was
buried uppon ye 31 of may 1646.
" Anno Dni. 1648 maii 26 my deare wife Ann Honywood f died
att my cosens Vrsurla Warner hir house in Bromly, whose body was
(in ye time of ye rising in Kent) was carried to charing, and ther lies
buried, in memoria eterna egunt justi.
"LausDeo.
"Anno Dni. 1659 feb. 21 my daughter Alice Willis was deliuered
of a daughter about 1 1 of ye clock att noone vppon ye 23 of ye same
moneth, ye child was christened, and called Ann ffoxe. Hir God-
father was my selfe, ye Lady Willis of Ditton in Cambridgeshire and
sister Wolleston.
"Laus Deo.
" Anno Dni, 1661 June 30 my daughter willis was delivered of a
boy about 12 of ye clocke att night, vppon ye 4 day of July the
child was christened and called Thomas ffoxe Willis, the Godfathers
was my selfe colonell Willm Willis, ye Godmother the Lady Henry
Chishesly. He was bereft of his wits.
"Anno 1663 this was writ by Sr. Rich Willis." J
* The son of Robert and Elizabeth Honywood. He "was borne
uppon Saturday the xiiij of July, 1593, at one of ye clock in ye morning,
at Pet, and christened at Charing Church ye Sonday following; my
sonnes-in-law Henry Thomson and John Moyle godfathers, and Mrs.
Anthony Deering, of Charing towne, godmother."
t "Anna Honiwood was borne at Pett, in Charinge, uppon Tewesday
the 26 of November, 1588, and ther baptized, my brother Richard
Browne, Mrs. Dorrell, of Calehill, and my dowghter Thomson being
witnesses."— Nichols' Top. et Gen., vol. ii., p. 171.
it The name and date has been scratched out, and Dr. Tho. Foxe
inserted as the writer.
DR. SAMUEL FOXE. 59
Extracts from the Parish Registers of Waltham Holy
Cross : —
"1565 Rafe and Mary foxe the sonne & dowter of John foxe.
Jan. 29. Bapt.
1569 lawrence foex buryed July 5th.
1588 Thomas ffoxe the sonne of Andrewe ffoxe Citezen was bapt.
Sept. 15.
1608 Sara fox daughter to Mr. Samwell fox buried ye 26 June.
1617 Henry Woollerstone gent maried to Mss Ursula fox A prill 29.
1626 John Masson & Ann fox. married Sept. 3.
1629-30 Mr Samell foxe was buried. January 16.
1630 Misteris Ann foxe the wife of the late decesed Mr Samuell
foxe was buried the 18 day of May 1630.
1646 Captain Robert fox was Buried the 30 day May.
1659-60 Anne Fox daughter to Sir Richard and Lady Alice Willis.
Feb. 21.
1660 William son of Mr. William and Mrs Grace Fox of St. Ann
Aldersgate London buried March 19.
1662 Dr Thomas Fox buried in the Church ye 26 Nov.
1684 Wm son of Rennall ffox. Bapt. Oct. 12.
1688 Jane wife of Gregory ffox. buried Oct. 2.
1701 Elizabeth daughter of Christopher Davenport Gent. & dame
Ann ffox his wife buried July 17.
1703 Elizabeth nursed at foxes, buried July 2.
1704 Thomas Elcome & Hannah ffox, — married May 28.
1706 A nursechild from foxes — buried Dec. 20.
1706-7 John Oxford from foxs — buried — Feb. i.
1714 Elizabeth daughter of Daniel & Elizabeth Fox Bapt. Nov. 29.
1721 James Travers sonn of Daniel & Elizabeth Fox of London
buried Sept. 24.
1734 Samuel Fox buried. April 22.
1749-50 Samuel Thompson wid. & Mary Fox. married Feb. 4."
Extracts from the Churchwardens' Accounts of the Parish
of Waltham Holy Cross : —
" 1630 Recd for Mr foxes grave in the church vis. viii :
„ Item paid to Thomas Burd for Kivering Mr. ffoxes grave Is.
„ A note of money Recaived upon a free gift in the hamblits
60 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
of Upshire and Hallifilld the aforesaid yeare in the time of the scar-
citie and dearth of Corne. Dockter ffox xxs. Mr. Bessanoe * xxs."
There are also 35 names appended as donors of one shilling
each.
Extracts from the Parish Registers of Nazing (near
Waltham Abbey) :—
" 1571 Nicholas Knight & Agnes Fox married ye xrn of Sept.
1572 William fFoxe nursechild, buried Nov. 7."
From Cheshunt Parish Register (near Waltham Abbey) : —
" 1566 The wife of fox, Buried Nov. 16."
From a headstone in Waltham Abbey Churchyard : —
" Sacred to the Memory of Mr. Isaac Fox, late of the parish of
Enfield, who departed this life July 25, 1821. Aged 51 years.
" Adieu my wife and children all
I yield to the Almighty's call ;
My children dear, pray love each other,
And cherish your afflicted mother ;
Support her in declining years,
Oh ! sooth and catch the falling tears,
And may the grace of God be given
To sanctify your souls in heaven.
" Also Ann Fox, wife of the above, who departed this life, Oct. i,
1844, aged 74 years."
* The Bassano family were noted for their musical skill.
61
SIMEON FOXE, M.D.
Simeon Foxe, the youngest son of the martyrologist, was
born in the house of the Duke of Norfolk in the year 1568.
At the age of fourteen he was elected to a scholarship at
King's College, Cambridge, August 24th, 1583, and on the
same day of the month, 1586, he was admitted fellow of this
college. In the next year he took the degree of B.A., and
M.A. in 1591. Bishop Piers promised Simeon a prebend, but
the young medical student probably saw that he was not
called to the work of the ministry, and therefore would not
pursue that course. He resided for some time with Arch-
bishop Whitgift after leaving college, but shortly went abroad
with a view to study medicine. Dr. Munk has given the
following account of Simeon Foxe — " When applying himself
to the study of medicine he travelled into Italy, and pro-
ceeded Doctor of Medicine at Padua. Returning home he
entered upon military service, and was with Sir John Norris
and the Earl of Southampton in Ireland and the Netherlands.
In the Netherlands he is said to have been taken prisoner, and
to have been detained for a time at Dunkirk. He reached
London in 1603, and shortly afterwards commenced the practice
of his profession. Dr. Foxe was admitted a candidate of the
College of Physicians, 3<Dth September, 1605, and a Fellow,
25th June, 1608. He was Censor in 1614, 1620, 1621, 1623,
1624, 1625, 1631, 1632; Registrar, 2Oth November, 1627, on
the death of Dr. Gwinne ; Treasurer, 3rd December, 1629, on
Harvey's resignation of that office ; Anatomy Reader, 1630 ;
Elect, 22nd December, 1630, in place of Dr. Moundford,
deceased; President, 1634, 1635, 1636, 1637, l638, 1639,
1640; Consiliarius, 1641. He closed an active and useful
life on the 2Oth April, 1642, and was buried in St. Paul's
on the 24th of the same month, close to the grave of
Dr. Linacre. By will he bequeathed to the college £40, to
which his nephew added another £60, making together ;£ioo.
On the 22nd December, 1656, the college, on the proposition
of Dr. Hamey, unanimously voted the erection of a marble
62 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
bust to his memory in the Harveian Museum, on the pedestal
supporting which there was engraved, ' Simeoni Fox suo scepius
Prcesidi et Benefactori, hunc locum dedit Collegium' " *
Dr. Foxe resided for some years at Amen Corner, Pater-
noster Row, London, and in a professional way he attended
Dr. Donne, Dean of St. Paul's, who died in 1631. He also
contributed a large sum of money towards the erection of a
monument to the memory of the great " metaphysical poet."
There are several original letters of Dr. Simeon Foxe in the
British Museum, — see Harl. MSS., 416, fol. 211 ; 417, fol. 125.
Some have assigned the authorship of the Memoir of John
Foxe to Simeon, but this is questionable.
Simeon Foxe's monument in St. Paul's was erected by his
nephew, Dr. Thomas Foxe, physician, who also composed the
following epitaph : —
"P.M.
Simeonis Fox
Qui Johannis Fox ex Anna Randal,
Uxore, jam quinquagenaria, films natu minor
Quum Etonse gymnacio pueritiae rudimenta
Posuisset,
In hujus collegii socius merito ascitus est.
Exinde
Johannis Cantuariensis archiep.
Familiam honestate ornavit.
Peregre studiorum causa profectus,
Paduse claruit :
In Medicinse Doctoris titulo insignitus
Syndicique officio ibidem functus,
Londini
Symmistarum sodalitio quinquennio
Praesedit.
Arte, fide, probitate eximius.
Quo clariorem
Vix habuit Asclepiadum schola.
Animam Deo reddidit, ccelebs in terris,
Sternum maritandus in oelis,
* Roll of the Royal College of Physicians, vol. ii., p. 138.
DR. THOMAS FOXE. 63
JEtatis suae an 80. sal. humanse MDCXLII.
Hoc votum solvit tibi mcerens Thomas Fox
Ex fratre nepos
Amore et officio."
DR. THOMAS FOXE.
Dr. Thomas Foxe, the eldest son of Dr. Samuel Foxe, was
born at Havering Palace, Feb. 14, 1591. In due course he
was sent to Magdalen College, Oxford, where he was procura-
tor in 1621. The following year he was chosen bursar, and
on June 25, 1623, was admitted a candidate of the college
of Physicians.* He was again chosen bursar the next year.
About this time he married Anne Honeywood, the daughter
of Robert and Elizabeth Honeywood of Charing, in Kent, and
Markshall, Essex. She was granddaughter of Mrs. Mary
(Waters) Honeywood, whose name is handed down by the
biographer of the martyrologist -under the following circum-
stances. Mrs. Honeywood on one occasion was brought
into deep spiritual trouble; she imagined that she was pre-
destinated to eternal misery. In this low state of mind
she was visited by many Christian ministers of celebrity,
who endeavoured to console her. Among these was John
Foxe the martyrologist, whose counsels and reasonings
appeared, like the rest, to be futile, for her fears of end-
less misery grew stronger and her faith weaker, till at last,
having a drinking-glass in her hand, she threw it with great
violence to the ground, exclaiming in an agony of despair, " I
am as surely damned as this glass is broken ; " but the glass,
to the surprise of those present, rebounded from the floor and
was taken up entire. This glass is still preserved by the
family. But even this apparently miraculous occurrence made
no favourable alteration, for she continued in the same mourn-
ful condition, " till at last God suddenly shot comfort like light-
ning into her soul, which, once entered, ever remained therein ;
so that she led the remainder of her life in spiritual gladness."
* Harl. MSS. 416.
64 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
This circumstance she related to Dr. Thomas Morton, Bishop
of Durham, from whose mouth Dr. Thomas Fuller received
the account.* In the dining-room of Markshall there hung
for many years the portrait of Mrs. Honeywood, in the habit
of her widowhood with a book in her hand, and on her hat
inscribed "^ET ATI S SU7E 70;" and on the opposite side
"ANO. DNI. 1597." A note respecting the mother of Ann
the wife of Dr. Foxe is worth a place here, as it relates specially
to Waltham Abbey. In the " Honeywood Evidences " t it is
stated —
" That my brother Anthony having perchased of Mr. Randoll £ a
copyhowld tennancy at Waltham in Essex howlden of SJ Edward
Denny Knight, by fyne uncerteyn, did compownd wth Sr Edward
Denny for my sister's lief and his owne for ye fyne of forty marks,
whereof he paied in hand lol. and gave his bond for i61. 135. 4d.
more ; and uppon tewesday in Whitsonweeke 1599 [29 May], comynge
to me to myne howse in Hoxton, he made me acquaynted wth ye same
and did then offer me, that if I would paye ye same i61. 133. 4d. unto
S Edw. Denny,§ then he would by his wyll geve ye same howse and
lands unto my sonne Henry Honiwood, after decease of my sister his
wife, and for want of Henry, to Michaell, or any yonger sonne of
myne, and to his heirss, affirminge faithfully, that he would pforme
yt, if I would take his worde for yt, and trust him in yt ; wch mony
I payd accordingly unto Sr Edwarde Denny, and took back my
brother's bond, ultimo Maii 1599. Pd by Henrye Kynge.
" Mem. My brother synce hath sowld away this coppyhowld tenemt,
and I am otherwise uppon new agrem1 satisfyed, as in ye laste leafe of
this booke appearth." [Fol. 26b.]
While Dr. Thomas Fox was at college he appears to have
been acquainted with Ben Jonson the poet, Dr. Prideaux, and
* Fuller's " Worthies of Kent," p. 86.
f Nichol's Top. et Gen., vol. ii., p. 174.
J Probably a relative of the Martyrologist on his wife's side.
§ Sir Edward Denny, son of Sir Anthony Denny, was buried in
Waltham Church. The following entry occurs in the parish register,
1599 — 1600. "Sir Edwarde Dennye, Knight, the Elder, was buried the
xiiii daye of feburarii, Anno ut supra." His effigy, in the costume of the
period, lies under a canopy at the south-east end of the church.
DR. THOMAS FOXE. 65
other celebrities. He informs us of the great success of many
of his companions during the year 1619.
" We have had a great Act this year, eighteen doctors, and sixscore
masters of Arts. Dr. Prideaux is Vicechancelour and poet Jonson
was of late created Master of Arts being recomended unto ye vni-
versity by ye Lord Chamberlaine, our chancelour," &c.
The writer of Jonson's memoir in the Biographia Britannica
remarks that —
" In the year 1616 Jonson published his works in one folio volume ;
and the poet Laureat's salary of a hundred marks per annum was
settled upon him for life by King James I. Crowned with these
honours by his prince, he saw the most distinguished wits of his
time crowding his train and courting his acquaintance, and in that
spirit he was invited to Christ Church in Oxford by Dr. Corbet, then
senior student of that college. Our poet gladly accepted the invita-
tion, and having passed some time in cultivating his muse in that
delightful seat, he received an additional attestation of his merit from
the university, who presented him with the honorary degree of
Master of Arts at the Act in 1619."
This occurred on July 19, according to Wood, who remarks
that —
" Benjamin Johnson, the father of the English poets and poetry,
and the most learned and judicious of the comedians, was then
actually created master of arts in a full house of convocation."
One of the most interesting original letters of Dr. Thomas
Foxe in the Harleian collection is the following, addressed to
his father, Dr. Samuel Foxe : —
" Sir my humble duty remembred unto yourselfe and my mother.
I have thus long neglected to write unto you expecting this bearers
coming up to London, my boy William who shall waite uppon the
Doctor, my request unto you is that when you come to London you
would give him good counsell, and be a meanss unto ye Doctor to use
him well.
F
66 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
" Weehavehad a great Act this yeare, eighteen doctors, and sixescore
masters of arts. Dr. Prideaux is vicechancelour, and poet Johnson
was of late created Master of Arts being recomended unto ye vni-
versity by ye Lord Chamberlaine, our chancelour. Wee have past
our election and have chosen sixe newe probationers for my old
frinds place Mr. Pener (whose place was void by nis death) ther vver
fiue seuerall kings letters mandatorie to Mr. Briggenden being found
to have bin married aboue this yeare space, was constrained honeste
decedece before ye Act and had noe gratuity giue him at ye election.
Mr. Hunson that hath bin long madd hath nowe surrendered his place,
but can obtain noe gratuity. Mr. Tobie Gatbramt hauing obtained
my father carpenters living hath made his place ouer unto his brother
a demy. Mr. Giles would have left his place to a stranger but being
crost in his suit at last brought in a demy, Mr. Elmes a young man
being not able to procure a phisitions place through the peruersnesse
of Dor. Wilkinson resigned his fellowshipp unto on of Mr. Drops
sonnes. Mr. German would have giuen ouer unto a stranger but
being crost hee brought the Bishop of Bristowe and ye L. Danuers to
sue for him but they could not preuaile, and therfore hee remains as
yet fellowe but as it is thought hee will be expelled before Michael-
mas. I am sorry I cannot heare from my brother since my returne,
but I presume it is multitude of businesse about his building not
want of loue wch makes him thus long to forbeare to write unto
whome as alsoe to my sister, and Aunt I desire hartily to be reco-
mended, thus being in great hast I leaue you to God's protection.
" Your most dutifull and obedient sonne "
August 2do 1619. Thorn, ffox.
" Addressed to ye worth, my very louing father Mr. Samuel ffox at
his house in Waltham these bee." *
In this same collection of MSS. is a draught of a letter from
Dr. Foxe the physician to a person of high rank, probably Sir
Thomas Roe.f There is an original letter of Sir Thomas Roe
* Harl. MSS. 416, fol. 226.
f Probably Sir Thomas Roe, nephew of Sir John Roe. He was
knighted by James I., and appointed ambassador to the Mogul at the
instance of the East India Company, to whom he rendered valuable
services during the four years he held the appointment. He died in
1644. Of him Ben Jonson sang, —
DR. THOMAS FOXE. 67
to Doctor Foxe, dated at Constantinople, May 3, 1623,
giving some observations respecting the Turks. There is
a letter from the Lords of the Privy Council to Dr. Thomas
Foxe, dated from Whitehall, i/th June, 1639, f°r a donation
to assist the King, who with an army had proceeded against
the Scots.
In the Lansdowne MSS. is a letter respecting the assess-
ment of Dr. Thomas Foxe's property ; the document bears
date January 8th, 1644, "att the Comittee of Lords and
Comons for advance of Money." The following letter in the
same collection is a reply to it : —
" At the Comittee for Sequestracons in Westm. die Mercurij 12
ffebru. 1644 xx Carol Regi.
" fforasmuch as it appearss to this Comittee by an order from the
Comittee of Lords and Comons for advance of money at Haberdd
Hall dated the last of January past that Dr. ffox hath paid his xxth pte
alsoe by a certificate from Comittee of Arreares that he hath paid
all his assessmt ymposed uppon him. It is therefore ordered that
the sequestracon of the estate of the said Dr. ffox be taken off and
discharged. Johem Jackson Collector ibur."
Dr. Thomas Foxe held a great deal of property in Waltham
Abbey, besides that which his father died possessed of. The
writer owns two MSS. hitherto unpublished, dated at Wal-
tham, 1632, which refer to this copyhold property, and
which may be of sufficient interest to merit a place in these
pages. Mr. Robinson, whose name is mentioned in the
document infra, was of the same family that resided at Cold
Hall in this parish ; the hall is still standing, but is divided
into three separate dwelling-houses. The houses referred to
in the annexed document were situated in the hamlet of
Upshire in the parish of Waltham Abbey, viz., —
" Manor de Waltham See. Crucis. Decimo octavo die Decembris
Ao. Dni 1632.
" Thou hast begun well, Roe, which stand well to,
And I know nothing more thou hast to do."
68 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
" Md. that the day and yeare above said Willyam Robinson of
Waltham holy crosse in the County of Essex taylor hath surrendered
into the hands of the Lord of the manr of Waltham holy crosse afore-
said by the hands of Henry Wollaston gent, and John Smith two
customary tenents of the said manr by the rod according to the
Custome of the said manr. All those his two cotages or tenements
situate in Vpshire whiche manr aforesaid one of them in the tenure
and occupacon of the said Willyam Robinson abutting vpon a greene
there called Sawdres greene towards the east and vpon a croft called
loules towards the west, the other tenement or cottage now in the
tenure and occupacon of Christopher Parsons of Waltham aforesaid
abutting upon ye said greene called Sawdres greene towards ye east
and upon a Croft called loules towards ye west wth all ye gardens,
orchards, crofts, barnes, stables and houses and all other the appten-
ances to the said tenements or any of them belonginge or any wise
apptaninge or there wh orwch any of them used occupayed or misyed
as pt pcell of member of hem or any of hem. To the use and
behoofe of Thomas ffox of Waltham holy crosse afforesaid esqre and
of his heires and assignees for ever.
" Willyam Robinson.
" Henry Wollaston -\
John Smyth ) tenents ffines jx^-
Cop. vs.
" Endorsed Wm Robinson his surrender to Doctor ffox."
The following is another copy of the surrender of the same
property : —
" Whearas William Robinson of Waltham holie Crosse in the
countee of Essex Taylor by his surr, bearinge date the xvmth daie of
December Ao Dni 1632 surrendered into the hands of the Lord of
the same mannor of Waltham by the hands of Henry Woolerston gt
& John Smith two customarie Tents of the said by the rod and
according to the Custome of the said Mannor. All those his two
Cottages or tenements in Upshire in the mannor aforesaid. One of
them in the tenure or occupacon of the said Wm Robinson the other
in the tenure or occupacon of Christopher Parson wth the apptennces
&c. To the use and behoofe of Thomas ffox of Waltham holie crosse
aforesaid esqr & of his heires & Assgs for ever as by the same sur-
DR. THOMAS FOXE. 69
render more at large may appear. Now know yee that the said
Thomas ffox have constituted and made Robart ffox my welbeloved
brother of Waltham aforesaid Gent, my true and lawful Attorney as
well to receive for me & in my name & to the use & behoofe of me
the said Thomas ffox my heires and assgs for ever admittance to
all singular the pmisses wth their Apptennces according to the tenor
efect & true meaneinge of the above recyted surrendered, and also to
surrender the same backe againe into the hands of the Lord of the
said Manner by the hands of the steward or two Customarie tenents
of the same manner by the rod & according to the custom of the said
Manner. To the use and behoofe of me the said Thomas ffox &
Ann my wife for and dureinge or mutureali lives and the life of the
longer liver of us & from and after our deceasses then to the use &
behoofe of the heires & assgs of me the said Thomas ffox for ever
according to the custom of the same Manner.
"Tho:ffoxe"*
" Signed and sealed
in the presence of us francis Thomas, Thomas + Glinerster his mark."
Dr. Samuel Foxe left to the said Thomas his son his lease
and tenant-right of the parsonage of Shipton, —
" Who enjoyed by renewing above thirty years, and in his time made
severall short leases of the tythes of Shipton and Ramsey to one
Thomas Skay, yeornan, who from time to time held the said tythes of
Shipton and Ramsey, above twenty years being tied to the very same
words and covenant concerning the poor's entertainment, as appears by
the leases plainely, and particularly by the lease made by the saide
Thomas Foxe to Thomas Skay, bearing date the yth of June 1660.
And here it is observable that Thomas Skay was by all his leases bound
to the very words of entertaining 2 couples of poor people every Sunday
and festivall day at the parsonage house in Shipton still and nowhere
else, without the least obligation, of paying any summe of money to
Ramsey or any other place upon that account. On the 2oth of Novem-
ber 1662, Doct. Thomas Foxe died, and left his lease and executoriall
right of the said parsonage of Shipton, with all its members and apper-
* An estate was left in trust to Thomas Foxe, Esq., for the repair of
Waltham Church ; the document bears date Dec. 5, 1637. — Farmer's
Hist. Waltham, p. 163. (1735.)
70 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
tinances, to his only daughter and sole executrix Dame Alice Willys
wife to Sir Richard Willys of Shipton in the county of Oxon, knt.
and bart." *
Dr. Thomas Foxe was buried in Waltham Abbey Church on
the 26th day of the same month.
One of Dr. Foxe's intimate friends in Waltham was James
Hay, the Earl of Carlisle, a favourite at court, and the patron
of Dr. Thomas Fuller, to whom he dedicated his history of
Waltham (1655), and whose good feeling towards the earl is
exemplified in the latter part of that history.
" The Abbey [of Waltham] is now the inheritance of this earl's f
grandchild (by Honora his daughter), James Hay, earl of Carlsile,
who married Margaret, daughter to Francis, Earl of Bedford, by whom
as yet he hath no issue ; for the continuance of whose happiness my
prayers shall never be wanting."
On one occasion the earl, being pressed for money, wrote
to his friend Foxe for the loan of five hundred pounds for one
year, but whether the money was granted or not we have not
yet discovered. The following is a copy of the letter : —
" Dr. ffoxe
" I heard you were latly at Waltham, and I sent by Mr. Olivear
to inuite you to dinner to my house, but missing that opportunity I
make it my request to you to lend mee fiue-hundred pounds for one
yeare I shall give you good security for it, and acknowledge it as a
kindnes done to
" Yr most assured louing friend
" J. Carlile.
"May 8 1654."
This letter is directed —
" To Dr. ffoxe at the Sign of the Bell a Shoomakers house, at the
lower End of Chancerye lane neere fleetstrete giue these." J
* Harl. MSS. 419, fol. 171.
f Edward Denny, Earl of Norwich.
I Lansd. MSS. 819, fol. 46.
CAPTAIN ROBERT FOXE. 71
This earl died at his noble mansion near the Abbey
Church of Waltham, and his remains were committed to the
dust by the old curate, Nathaniel Hatley. In the register is
the following entry : —
"The right Honblt James Earle of Carlile departed this life
Octobr 30, and was buried at the upper end of the chancel, November
1 5th Anno Domini 1 660. Prczijt Dominus, et servus sequar N. Hatley."
CAPTAIN ROBERT FOXE.
Robert Foxe, the younger son of Dr. Samuel Foxe, was born
December 5th, 1597, at Copt Hall — at least we suppose so
from the fact that his brother John was born there the year
previous, and his sister Jane in 1599. But the entry of their
baptism does not occur in the parish registers. Probably
the Foxes being in affluent circumstances, the children were
christened privately, and so their names were not registered.
At the age of nineteen we find Robert located at Clifford's
Inn, London. In the summer of that year, 1616, he writes to
his brother Thomas, then a Fellow of Magdalen College,
Oxford, respecting the trial of the Earl and Countess of
Somerset at Westminster, for the murder of Sir Thomas
Overbuiy, a miscellaneous writer, born in Warwickshire in
1581.
In 1604 Overbury contracted an acquaintance with Robert
Car, or Ker — afterwards Earl of Somerset, a favourite of King
James I. — by whose influence he was knighted in 1608. Sir
Thomas Overbury subsequently became the confidant of his
patron, and assisted him in his intrigues with the Countess of
Essex, when this unhappy lady had, by a series of disgraceful
acts, procured a divorce from her husband. Overbury strenu-
ously advised Lord Rochester not to marry her ; this counsel
was immediately communicated to the lady, who from that
time sought means to remove her adversary. An attempt
was made to place him at a distance by appointing him to a.
72 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
foreign office ; but this he refused to accept, and on the ground
of disobedience in declining the king's service, he was at once
arrested and made a close prisoner in the Tower, where the
Earl and Countess administered poison to him in his viands,
and which terminated in his death. Some considerable time
elapsed before the facts of the murder were made public, when
the keeper of the Tower, with several other persons, were
condemned and executed. The Earl and Countess, however,
were convicted and condemned, but not executed. Robert
Foxe was one of the spectators in Westminster Hall when
the case was being tried.
The following is a copy of the letter from Robert Foxe to
his brother Thomas respecting the trial, &c : —
" Kinde brother after my very kinde commendacons unto you re-
rnembred, theis are to lett you understand that I haue receiued your
kinde letters for which I most hartily thanke you. 1 thank e you
alsoe the rather because I now as alwaies I haue hitherto found you
loue in reioycing at my prferment ; now I ame I thanke God in the
way as I hope of preferment and I doubt not by Gods healpe but to
find hereafter like a manne of my selfe in good sorte as one should
bee of my posession. Concerninge newes, heere is exceeding greate
businesses in London but I dout not but you haue hearde of at
Oxford alredy of all or newes and peradventures somme more than is
trew. But uppon friday last beeinge the 2ist day of May was the
lady arained at Westminster but beeinge arained saide littell or
nothinge and there was attainted of nothinge but the death of Sir
Thomas Overbury.* The perticuler articles (as there were many) I
could by noe meanes see although I stood close by for there were soe
meany in the hall as I could understand scarse ouer a worde. The
next day beeing saterday the Earle was arained whoe stoode exceed-
inge longe at the Barre w* manny greate examinacions and hee
answered very exceedinge well to many of them and freed himselfe
from many scandalls which would haue after his death ye sondre per-
ticuler articles which were proposed against him were soe many yl hee
was forced to crave the sondre inditementes in writinge vnto which
hee answered againe in writinge and soe preferred them to ye lord
* A very good portrait of this gentleman is preserved in Michel's " Pro-
gress of James I." Taken from a rare print.
CAPTAIN ROBERT FOXE. 73
Chauncellr hee was not attainted of any thinge ellse but of Cude-
buries death soe theye stande untill tenne a clock at night, but the
Peares found them both guilty and soe they were condemned both to
be hanged and nowe stay the kinges pleasure soe the corte broake
vpp and the prisoners were returned to the place from whence they
came ; this is all the newes I canne certifie you of to Certife you only
in the truth but If I chaunce to happen of their examinations I will
send you them but I ame loth to send you worde of any thinge vntill
I know full certainely thereof because theire goe so many flyinge tales
abroade which are starke lyees. My sister Ursula may in towne one
Thursday whoe certified mee that ye buildinges goe forwarde a pace
and will bee eanded shortly ; shee telleth mee that it will doe werry
well ; my ffather, mother, and aunte and sisters both are uery well and
willed mee to commend there loues to you when I next writt unto
you. Wee shall scarse finde another gammon of Bacon at ould
Roberts now if wee should comme thether half hungerstarued nor a
good cheese cake nor any good creame when my ould host Nicoles
at Waltham Church gate* is deade. Geasperf and many other
about us are in great troble for stealinge of deare my Lord doth
Tyranies very exceedinge much ouer them and undoeth many of them.
This is all ye London newes & Essex newes I canne certifie you of
and soe I rest allwayes as hether to I haue I hope binne.
" Cliffords June in London this firste of June an. 1616.
• " Yor assured lovinge brother to Commande,
" Robert Fox."
This letter is addressed "to his very louinge brother Mr. fox
fellowe of Magdalen Colledge in Oxon DD. there wth speede."
Robert Foxe eventually became captain in the navy. There
is a letter in the Lansdowne collection of MSS. from him to
his brother Thomas, written at sea " from the Downes," dated
1 6th Nov., 1634, in which the writer says that he is in charge
of a vessel just come into the Downs from Spain, laden with
£240,000 in silver bars. He desires to be remembered to his
* Probably host of the " Cock Inn," near the church now standing.
" Jesper necoll married Jane bruet" at Waltham Church, July 4, 1568.
t " Geasper " may have been son of " host Nicoles."
74 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
" loving sister," to Miss Wake,* " to ffishers, and Stapleford."t
In the same collection there are three or four more letters,
written by Sir John Pennington to Captain Robert Foxe. The
first is a commission from Admiral Sir John Pennington to
Capt. Robert Foxe, of his Majesty's pinnace the " Lion's First
Whelp," to seize the ships of the Dunkirkers till they shall
make satisfaction to the Earl of Pembroke for certain fishing
vessels that they have unjustly taken from him. Dated Nov.
i, 1638.1 After this date we find Foxe in command of the
ship " Leaghorn,"
" By command from the Right honorble or Lord High Adm*1 of
England. These are to pray and require you to looke out yarely
from tyme to tyme that noe Barks Retches or Boats, Sweepes for
Cables, Anchores, or any other thinge sunke in this roade wthin his
Lords bounds or Limitts, that is to say further from the shoare then a
horseman may ryde in at Lowe water & touch them wth his lance but
such as haue warrants for it vnder his said Lor?5 hand, and Scale.
And if you find any transgressinge herein you are for the first tyme
to admonish them that they doe it noe more wch if after they prsume
to doe you are to cause him or them to bee apprehended, and kept in
safe custody till you can acquaint me wth it if I bee here or in my
absence any other officer of the fleete or such as I shall depute in my
place, that wee may give my Lord Admle knowledge of it & receive
his further commands therein, Heareof you may not sayle & this
shall bee yor sufficient warrant for the same from aboard his mats shipp
the St. Andrew in the Downes this i2th of August 1641. J.
Pennington.
" To my very loveinge friend Captaine Robert Fox, Capt. of the
League-home mrchant." (Lansd. MSS. 819.)
In another letter Sir John Pennington requests Captain
Foxe —
" To attend the cominge of Sir Robert Honywood and his lady,"
whome he is —
* Most likely a branch of the Wake family, Lords of the Manor of
Waltham.
f These relate to the Wollastones and Botelers.
HENRY WOLLASTON OF WALTHAM ABBEY. 75
" To receive aboard shippe wth their retinue and baggage and wth ye
first opportunity of winde and weather to transport them over for
such parts of Holland as they shall desire, &c. Date September
ioth 1641."
On the third of the following month Sir John Pennington
orders Captain Robert Foxe to bring his vessel " the Leaghorn,"
up the " River of Thames." The crew is then paid off. There
are several notices of Captain Foxe in the calendar of State
Papers.* He died in 1646, and was buried in Waltham
Church.
HENRY WOLLASTON OF WALTHAM ABBEY.
Henry Wollaston of Waltham was a descendant of the
noble family of Wollaston of Shenton Hall, co. Leicester.
This family flourished in the time of Edward III. at Wollaston
in Staffordshire, and in the reign of the second Richard they
sold the manor to the Aston family. This Henry was twice
married, — first to Sarah, daughter of William Burges of
Kent ; and second to Alice, widow of Mr. Smith. His
son Henry, first of that name, was buried at Waltham in
August, 1588, a year memorable in history for the defeat of
the Spanish Armada. The second son, Henry, was a man of
very high position in Waltham. He was Justice of the Peace
for Essex during the reign of Charles the First and Second,
and throughout the Protectorate. He acted in lieu of the
clergyman of the parishes of Waltham and Nazing in respect
to marriages. The parish registers show that he married a
great many couples from 1653 to 1657, and in some instances
the banns were published three separate times in the market-
place on market days. The elder Henry, though much
engaged in London as a large draper and alderman of the
city, frequently resided at Fishers in Waltham, and was so
attached to the town of Waltham that he bequeathed to
* Public Record Office.
76 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
the poor of the parish the sum of one shilling weekly, which
was to be spent in bread, and divided every Sunday. This
gentleman died suddenly in his arm-chair while in the act of
singing a psalm ; this occurred about the year 1617. His son
Henry Wollaston, Justice of the Peace, married Ursula, the
daughter of Dr. Samuel Foxe of Warlies, Waltham Abbey,
April 29, 1617. The first three years of their wedded life
were spent at Warlies, after which they removed to Fishers,
the homestead of the Wollastons. They had issue Edward,
born 1621; Anne, 1622-3; Henry, 1625-6; Ursula, 1628;
Thomas, 1629 ; and Samuel, 1632. Most of the family, it
appears, were born at Fishers; the house is still standing
on the right-hand side of the green, midway between the
Nazing Road and " Pains Island," leading to Cheshunt. Of
Edward, the first son, Dr. Foxe was especially fond, and in his
will leaves him the sum of £20, no small amount in those
days. Henry, the second son, married Anne, daughter of
Oliver Boteler, of Harold co. Beds. He was a Captain of the
train-bands in 1664, and died in 1678. His remains were in-
terred in the Abbey Church of Waltham. Justice Wollaston
the father died in 1669-70, and his beloved wife died the
following year. They were buried in the church. A fine
marble bust of Henry Wollaston is still preserved in the church.
Francis Wollaston, who died in 1684, and lies buried in the
same church, was son of William Wollaston of Shenton Hall,
and Sheriff of Leicester, a collateral branch of the first-
mentioned Henry. William Wollaston, the great theological
writer, author of " The Religion of Nature Delineated/'
descended from the same family. He was born at Cotton
Clanford, in Staffordshire, March 26th, 1659 ; died October
29th, 1724.
HENRY WOLLASTON OF WALTHAM ABBEY. 77
THE WOLLASTON FAMILY OF WALTHAM ABBEY.
(Extracts from the Parish Register.)
" 1588. Henry Wolliston the son of Henry Wolliston of London
buryed, August 14.
1606-7. Thomas Wooleston & Margaret Colburne married,
January 13.
[1607. Four persons married by Justice Wollaston.]
1612. Samwell Middillmas & Sara Woollarston, married Oct. 5.
1617. Henry Woolerstone gent maried to Mst Ursula fox
Aprill 29.
1621. Edward Woolerstone son of Henry Woolerstone also to
Ursula was baptized, June 27.
1622-3. Ann Wolleston daughter to hendri as also to Ursula his
wife Bapt. Feb 27.
1625-6. Henry Wollerstone sonn of Henry as also Ursular Bapt.
Feb. 23.
1628. Ursula Woolerstone daughter to Henry and Ursula Bapt.
April 17.
1629. Thomas Wollenstone son of Henry & Ursula, Bapt. Sept. 18.
1630. Elizabeth Wollerstone daughter of Henry as also Ursula,
Bapt. Dec. last day.
1632. Samuel Wooluerstone sonn of Mr. Henry & Ursula, Bapt.
August 30.
1632. Thomas Woolerstone son to Mr. Henry Woolerstone, Buried
Sept. 3.
1645. Memerrandum that the Banes of Matrimonie between Mr.
Adam Edwards and Misteris Ann Woollaston ware three severall
times published in- our Parish Church of Waltham Abby without
contradicktion and the last time of the publishing thereof was the 20
day of Aprill 1645 and they ware married one thursday the 24 of the
same moneth.
1648. Mr. Rowland Berisford & Misteris Elizabeth Wollastone,
married Nov. 23.
1653. Ed. Brown ye sonn of William Brown of the parish of Chig-
well in Essex and Margret Nevel of Navestock in ye same county
being asked in marriage three several Lords dayes in their respective
parishes were married on the 9 of Nov. by Hen. Wolleston.
1655. Ursula daughter to Mr. Henry & Mrs. Ann Wollaston borne
at Harehold in Bedfordshire, Birth. Sept. 27.
78 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
1656. The seacond child, but first sonn to Mr. Henry & Mrs. Ann
Wollaston, Birth, July 25. [Henry Wollaston married several
persons from Nov., 1653, to May, 1657. His name is appended to
nearly every " contract of marriage " entered in the Register during
that period.]
1658. Judith daughter to Henry & Ann Wollastone, buried,
Sept. 7.
1660. Henry sonn of Mr. Henry & Mrs. Ann Wollaston, born
April i.
1660. Timothie Robinson servant to Henry Wollaston Esq., Buried
August 23.
1662. Richard sonn to Captain Henry Wollaston & to Ann, Bapt.
Dec. 19.
1665. Oliver sonn to Capt. Henry Wollaston, Bapt. April 30.
1665. Mr. Thorne Wills Ensign to Capt. Wollaston, Buried,
May 14.
1666. Thomas sonn to Capt. Henry Wollaston, Bapt. Nov. 8.
1668. A son ye sixth of Capt. Wollaston, Buried Dec. 21.
1669. John Bolls servant to Justice Wollaston, Buried, May 18.
1669-70. Henry Wollaston senior Esq. Justice of ye peace and
Quorum many years, buried in ye Church at the south-end of his own
pew, Feb. 17.
1670. Mrs. Ursula Wollaston wid. Relict of Henry Esq. Buried
ye 1 1 April.
1674. Richard son to Capt. Henry Wollaston & of Mrs. Ann buried
in ye Church of St. Giles in ye fields Midd., March 28.
1678. Capt. Henry Wollaston buried in ye Church March 2ist.
1684. Francis son of William Wollaston of Shenton in county of
Leistershire & of Elizabeth his wife, she being ye only daughter &
heir of Capt. Cave of Inglesbie in ye same county buried att ye south
end of ye pew of Hen. Wollaston Esq. Dec. 6."
The Churchwardens' Accounts of Waltham Abbey : —
" 1643-4. Recd. off Mr. Henry Woolaston Esq. wch he had of a man
that was drunk according to the statute 5s.
1645-6. Mem. Mr. Wollaston paies his monie wekely in bread
wch is Is. p. week ^2. 12. o.
1651-2. Henry Wollaston Esq. gave £i towards purchasing
Buckets, ladders and firehooks for the parish." These firehooks were
SIR RICHARD WILLYS, BART. 79
kept in the old Market house, and used to pull off the thatch and
liles of buildings on fire."
Henry Wollaston's gift to the Parish of Waltham Abbey.
Henry Wollaston, the elder, of St. Martin Ogars, London,
draper, by his last will and testament, dated November,
1616, gave as follows : —
" My will and mind is, and I do devise and appoint that my said
son Henry, and his heirs shall yearly for ever pay towards the relief
of the poor of the said parish of Waltham Holy Cross the sum of
two and fifty shillings of lawful money of England, to the parson and
Church- ward ens then for the time being, for the poor, to be bestowed
by twelve pence every Sunday in Bread. And I do will and devise
that the said two and fifty shillings shall be issuing and paid out of
my said lands, called FISHERS * alias Salmons ; and that the said lands
shall be for ever chargeable with the payment thereof, to the poor of
the said parish of Waltham."
SIR RICHARD WILLYS, BART, f
This gentleman married Alice, daughter of Dr. Thomas
Foxe of Waltham Abbey, grandson of the martyrologist.
Both Sir Richard Willys and his brother Sir Thomas were
created baronets by King Charles I., the former in 1646, the
latter in 1641. Sir Richard Willys was colonel of a regiment
of horse under Charles I., Colonel-General of the counties of
Lincoln, Nottingham, and Rutland, and Governor of the town
and castle of Newark. He had an only son, Thomas Fox
Willys, born at Waltham Abbey, on whose death in 1701, at
the age of eighty-nine, the baronetcy conferred upon his father
became extinct. Ann Fox Willys was baptized at Waltham,
February 21, 1659-60. She married Christopher Davenport,
* Situate in Holyfield, in Waltham, now in the occupation of Mr.
Green. It is the property of the Trustees of Fuller's Charity, London.
f The son of Richard Willys of Horningsey and Fen Ditton, co.
Cambridge.
80 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
Esq., of New Inn, and had a daughter Elizabeth, born in 1701.
Sir Richard Willys had a daughter born at Waltham, named
Adeliza, — not Alice, as suggested by Burke. She was baptized
April 9, 1663, and died unmarried. Sir Richard died in 1690,
and was buried at Fen Ditton, in the county of Cambridge-
shire. Of the family of Sir Thomas Willys there were six
baronets, the last of whom died in 1732. William Willys of
Hackney, to whom Strype was indebted for the use of John
Foxe's MSS. (see ante), was a Hamburgh merchant, the
youngest son of Sir Thomas Willys. He died in 1726.
The Willys family seats were at Fen Ditton and Waltham
Abbey.
The writer possesses a large parchment, endorsed —
" The assignment of Sir Richard Wyllys and dame Alice his wife
Executrix of Mr. Thomas Fox her father, to John Curranie Esq.
November the 26, 1664, of the lease of Mortgage from Mr. Phillip
Dallow and Mr. Edward Dallow to the sayd Thomas Fox of the
Manor of Bitchfield, &c., for 1500^ payd to them by the sayd
Mr. Curranie."
This document has two fine red wax seals, with autograph
of Sir Richard Willys, and Alice his wife. The family name
occurs in the Parish Register of Waltham several times, viz., — -
"1567. Angnes Wylles the daughter of henry Wylles, Bapt.
Maye 16.
1569. Henry Wylles the sonne of henry Wylles, Bapt. Apryell 22.
1576. John asskwe and lone Willes married Jan vary 22.
1659-60. Anne Fox daughter to Sir Richard and Lady Alice
Willis, Bapt. Feb. 21.
1 66 1. Thomas-Fox Willis son to Sir Richard Willis Knight and
Baronet as also Dame Alice his wife borne June 30*.
1663. Adeliza daughter to Sr Rich. Willis & Dame Alice, Bapt.
April 9.
1682. Henry Hucks servt to Sir Rich. Willis — Bur. July 31.
1798-9. John son of Richard Willis, Bapt. January 23."
In 1668 Sir Richard Willys signs, with Henry Wollaston
the elder and Henry Wollaston the younger, a petition to
SIR RICHARD WILLYS, BART. 81
King Charles II. for leave to collect money for the reparation
of Waltham Abbey Church, which building was then expected
" to fall to the ground." The privilege being granted by the
monarch, the inhabitants of Waltham returned their sincere
thanks to his Majesty. An entry to this effect occurs in the
Churchwardens' Accounts, under date 1668 : —
"Waltham Holy Cross at a vestry then holden February 1668
upon publique notice given thereoff ye Lords day next before agreed
and concluded then and there as follows — Imprimis, Most humble
and heartie thanks wee render His gracious Majestic for granting a
Collection by way of brief towards ye repair of our Parish Church &c.
Richard Stevens, Edmond Goulding. Richard Willys, Hen. Wollas-
ton Jun."
Bulstrode states that after the battle of Naseby, King
Charles expressed a wish to promote Sir Richard Willys for
his valuable services as Governor of Newark, but Sir Richard
refused taking any higher position, as his means would not
admit of it. The king, however, promised to furnish him
with means according to his office, but failed to do so. The
above writer remarks that —
"Sir Richard Willis appeared much troubled, and excused his
taking the other command, as a place of too great honour, and that
his fortune could not maintain him in that employment, and said his
enemies would triumph in his removal. The king told him he would
take care and provide for his support, and so went out of his chamber
to church, and after his return, being at dinner, Prince Rupert, Prince
Maurice, Lord Gerard, and Sir Richard Willis, with twenty officers of
the garrison, came into the presence-chamber, where Sir Richard
Willis addressed himself to the king, and told him it was the public
talk of the town that he was disgraced, and turned out from his
government, and Prince Rupert added, Sir Richard Willis was to be
removed from his government, for no other fault but for being his
friend. The Lord Gerard said it was a plot of the Lord Digby, who
was a traitorrand he would prove him to be so. The king was so much
surprised at these extravagant and insolent Discourses, that he rose from
dinner in great disorder, and retiring into his bedchamber he called
Sir Richard Willis to follow him, who answered loudly that he had
G
82 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
received a public injury, and expected a public satisfaction. This so
provoked his Majesty, that with much greater indignation than ever he
was seen possessed with, he commanded them to depart his presence,
and to come no more into it; and this with such circumstances in his
looks and gesture, as well as words, that they appeared no less con-
founded, and departed the room, ashamed of what they had done.
Yet so soon as they came to the governor's house they sounded to
horse, intending to be presently gone, but soon after they sent to the
king for passes, who gave them such as they desired, and sent them,
tod declared Collonel Bellasis Governor of Newark, but forgot at the
tome time to have hanged up Sir Richard Willis for his insolent
carriage towards his sovereign." *
* " Memoirs and Reflections upon the government of King Charles I.
and II.," vol. i., p. 129.
83
DOMESTIC EVERY-DAY LIFE, AND MANNERS
AND CUSTOMS IN THIS COUNTRY, FROM THE
EARLIEST PERIOD TO THE END OF THE LAST
CENTURY.
BY GEORGE HARRIS, ESQ., LL.D., F.S.A.,
FELLOW OF THE ROYAL HISTORICAL SOCIETY.
I.— THE ANCIENT BRITONS.
IN the series of papers on " Domestic Every-day Life, and
Manners and Customs in the Ancient World," which I have
had the pleasure of reading before this Society,* I endeavoured
to afford an insight into the mode of living among the people
of the nations of old, more especially the Egyptians, Greeks,
Romans, and Jews, commencing with those of which we have
the earliest authentic records, and carrying the account down
to the period when Roman civilization arrived at the highest
state of perfection which it ever reached. I described to you
" the style of dress of the people, their cities and houses, the
furniture which they used, their mode of taking their meals,
their different kinds of amusements, their method of travelling
both by land and water, their professional and commercial
pursuits and occupations, their arts and manufactures, their
way of carrying on war, their religious rites and ceremonies,
and their funeral solemnities." In affording this account I
availed myself of the records of various kinds which the
people of these several nations have left behind them, including
not only the productions of their historians, but the various
national monuments which yet remain, the works of art that
have been preserved, the relics of ornaments and articles of
* " Royal Historical Society Transactions," vol. ii., p. 393; vol. Hi., p. i ;
vol. iv. p. 364.
84 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
domestic use that have been discovered, and the relics of
their cities and buildings which have survived the shocks of
time.
In another series of corresponding papers I now propose to
present to you a sketch of the domestic every-day life, and
manners and customs of the people of this country, com-
mencing with an account of the earliest known inhabitants of
our island, and carrying the narrative down to the end of the
last century. I shall describe to you their style of dress (when
they used any), their cities and houses, the furniture which
they possessed, their mode of taking their meals, their different
kinds of amusements, the way in which they travelled both by
land and water, their various professional and commercial
pursuits and occupations, their arts and manufactures, the
manner in which they carried on warfare, the sort of sports
and amusements in which they indulged, their religious rites
and ceremonies, and their funeral solemnities'.
In another paper which I read before you on the " Materials
for a Domestic History of England,"* I endeavoured to point
out and enumerate, the various materials which we in this
country possess, that are available for a history of the kind
that I have alluded to, particularly as regards the records left
us of past times in the regular histories that have been trans-
mitted to us, the numerous historical monuments yet re-
maining, the chronicles of different periods which have been
preserved, the various works of art belonging to different
ages which still exist, the several authentic records and legal
instruments that have been handed down, — many of them most
valuable for this purpose ; also household regulations, and
inventories and books of account, which are often extremely
serviceable in this way. The records of the Legislature and of
the courts of justice, which show the sort of laws that were
found necessary at different periods, and the trials that took
place, also throw much light on the domestic history of the
period. Public journals, when they existed and have been pre-
served, are also of the highest value in this respect, as is the
* "Royal Historical Society Transactions," vol. ii., p. 142.
DOMESTIC EVERY-DAY LIFE IN THIS COUNTRY. 85
private correspondence which was carried on, and in which is
frequently recorded much that is valuable to throw light on
every-day life at particular times and in particular parts of
the country.
The researches that have during the last few years been
made by the Commission appointed by the Crown for inquiry
into, and bringing to light, the various manuscripts and
documents of historical value existing in this country — many
of which have hitherto been lying useless, and were rotting
away in obscurity— have opened a vast mine of wealth as
regards the information that they afford respecting our
domestic history in ages bygone, and of which I hope to
avail myself in the papers that I am about to present to you.
As in the case of the papers which I read to you on domestic
every-day life in the ancient world, I propose to illustrate
each one with a series of diagrams,* intended to afford an
idea of some of the principal objects described. These
pictures are obtained from very different sources. Some of
them, as in the case of the representation of the group of
Ancient Britons and of their dwellings, which you see before
you this evening, are mainly derived from descriptions left to
us by historians of the time, who actually saw them. The
pictures of Druidical and other monuments are copied from
these objects themselves. Ancient missals, which go back as
far as the Anglo-Saxon times, contain several very graphic,
though somewhat rude, representations of the people of that
period, and serve well to exhibit the style of dress, and their
manner of life. Several of the diagrams are copied from these
works, and others from missals of a later date, which afford on
the whole the most accurate, effective, and faithful representa-
tions of every-day life in those days anywhere to be met with.
Ancient buildings of different descriptions, and ancient armour,
and domestic utensils of various kinds, have also afforded
materials for other illustrations, as have ancient prints and
* Dr. Harris has deposited in the Society's archives a series of
diagrams, illustrative both of the present paper and of his previous com-
munications on kindred subjects. — ED.
86 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
pictures of the ordinary kind. Several of the diagrams are
copied from sketches which I made on the Continent, of
objects which serve to throw light on the domestic history of
the period, which was in many respects much the same in one
country that it was in Bother, all being nearly on a level in
point of civilization.
Although, from the mixture of different races, I do not think
it of much importance to endeavour to trace back the genera-
tion of particular families so as to ascertain whether we have
ancient British, Anglo-Saxon, Danish, or Norman blood flow-
ing in our veins ; yet there is another kind of investigation,
which is both very interesting and very instructive to pursue,
somewhat allied to this, and which is the tracing out of the
development of peculiar national characteristics thus early
exhibited, and the origin of the various civil institutions whose
foundation was laid in these primitive times.* Charac-
teristic traits are early displayed in the history of each nation,
analogous to what is the case with regard to individual men.
Thus the courage, the generosity, the independence, the spirit,
and the ingenuity which were exhibited by our rude fore-
fathers, may have constituted the germ of the nobler, or rather
more perfect and cultivated qualities of the same kind which
at this day distinguish the inhabitants of this country. The
same spirit of commercial enterprise which animates us now,
was also a marked feature in the character of the Ancient
Britons ; and the habit of travelling about, and of wandering
abroad to explore new countries, so characteristic of English-
men, we may have derived from the predatory Saxons and
Danes, whose blood is mingled with that of our ancestors the
Britons. In many nations — I might particularly instance the
Jews, in whose national character there are very marked
features — it is curious and interesting to trace to how large an
extent the future character of the nation accords with what it
developed at the commencement of its career, f
* "Civilization considered as a Science," &c. Essence, p. 30 (Bohn's
Library Edition.)
t Ibid,, p. 29.
DOMESTIC EVERY-DAY LIFE IN THIS COUNTRY. 87
As regards the civil institutions of this country, many of
those which are not only now in use, but which are the most
highly prized, had not merely their type in the early period of
which I am about to speak, but the germ of these institutions
was then fully developed. I may especially refer to that
boasted institution, so conducive to the liberty of this
country, and which sprung from that love of freedom so
peculiarly characteristic of the people of this land, " trial by
jury." The holding of free parliaments was an institution of
our Saxon ancestors, and even the mode of conveying property,
and the principles for its regulation, were very similar to
those now recognised, and formed indeed their basis. It is
especially interesting to observe the care taken in these rude
times to promote the investigation of truth in their proceed-
ings, the anxiety with which it was sought out, and the skill
and caution which they exercised in guarding against any
infringement on their liberties.
We may, indeed, not unreasonably hope that the ultimate
result of the mixture of different races of people may have
been in many respects to correct the characteristic defects,
and to develop the characteristic virtues peculiar to each ;
and that the rivalry of different institutions borrowed from
various nations would, in a corresponding manner, tend to
advance and perfect each other.
We nevertheless may be, and I think ought to feel grateful
that we were not born in the age that I shall attempt to
describe. And I believe that you will all agree with me that
we are far better off as we are than if we had chanced to be
one of those ancestors. " St. Martin's " and " St. Giles's " were
then really "in the fields," or more probably in the woods.
Where we are now assembled might have been the haunt of
some wolf or other ferocious animal. What London itself
then was, I may, perhaps, in a future paper, attempt to
describe to you ; something very different from what it now
is, or from any other town or village at present existing in
this country.
It is not always that we are able to collect authentic
88 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
information respecting these early times. There were then
neither books nor newspapers to tell us anything about them;
and if there had been any, there was probably nobody in this
country who could read them. Printing, indeed, was not
invented until long after the period of which I am going to
speak. What books there were, were written only ; but none
of them came to this country, where, of course, they could be
of no use. In our day, the newspapers alone may serve for
materials to the future historian of the manners and customs
of these times, and present an accurate diary of the every-day
life of the nation.
I shall try to carry your minds back to a period of from
some i, 800 to 1,000 years before that in which we are now
living ; and we must endeavour to imagine that for the hour
we are existing in those times, in all respects so entirely
differing from our own.
It appears to me, from a survey of the different authorities
and arguments on the subject, that the most probable and
satisfactory conclusion at which we can arrive is, that the
original population of this island was derived from the Gauls,
or inhabitants of France, some of whom migrated hither.
Certain romantic historians have, indeed, claimed for our
primitive forefathers the high honour of being descended
from the Trojans, a colony of whom is said to have been
brought hither by a great-grandson of ^Eneas, after the fall
of Troy. It is further asserted that the Trojans, to their
astonishment no doubt, and possibly also to their regret,
found Britain inhabited by a race of giants, ruled over by a
king who rejoiced in the high-sounding name of Gogmagog.
Another writer says that a school was established for instruct-
ing the giants in the arts and sciences.* But the Gaulish
origin of the race, though perhaps the least romantic, is at
any rate the most probable, t The word Britain is supposed
to have been derived from some Celtic words meaning painted
people. +
* " Pictorial History of England," vol. i., p. 118.
f Ibid., pp. 8, 9. J Ibid., p. u.
DOMESTIC EVERY-DAY LIFE IN THIS COUNTRY. 89
The earliest authentic account which we obtain of this
country and of its inhabitants was, however, afforded to us
by the Romans in the time of Caesar, who invaded Britain
about fifty-five years before the commencement of the
Christian era. He wrote a book containing a description of
all that he saw, and much ' of what I have to tell you is
derived from that very interesting work.
Caesar observed of the Britons, " The number of the people
is countless, and their buildings are exceedingly numerous ;
the number of cattle is great ...... They do not
regard it lawful to eat the hare, the cock, or the goose. They,
however, breed them for amusement and pleasure."*
According to Caesar, the people who lived in Kent were the
most civilized among the ancient Britons, and most resembled
the Gauls, or inhabitants of France, with whom we may
suppose they had frequent intercourse.
Caesar says of the people then inhabiting this country, that
" most of the inland inhabitants do not sow corn, but live on
milk and flesh, and are clothed with skins. All the Britons,
indeed, dye themselves with wood, which occasions a bluish
colour, and thereby they have a more terrible appearance in
fights. They wear their hair long, and have every part of their
body shaved except their head and upper lip. Ten, and even
twelve have wives common to them, and particularly brothers
among brothers, and parents among their children. But if
there be any issue by those wives, they are reputed to be the
children of those by whom respectively each was first es-
poused when a virgin." f
When Caesar invaded this country he is supposed to have
sailed with his fleet from a place now called Ouessant, on the
coast of France, nearly opposite Deal, where it is probable
that he landed. Ouessant is about halfway between Calais
and Boulogne. I have a rough view of it etched on copper
from a sketch which I made on the spot some years ago.
The remains of the harbour in which Caesar's fleet rode before
* Commentaries, book v., chap. xii.
t Ibid., book v., chap. xiv.
90 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
sailing for England are still to be seen, though it is now
almost choked up with sand. On an eminence above the
village is an ancient encampment, of which you see the out-
line, and which is thought by some to have been made by
Caesar, and was probably at all events used by him and his
soldiers before they went on board the fleet. You obtain a
view of the English coast in the distance, and just perceive
the white cliffs above Dover and Deal.
Beyond Ouessant, in the direction towards Boulogne, which
is about eight miles to the south, you observe a long promon-
tory or headland stretching into the sea. It is to this point
that the tunnel under the sea is proposed to be carried from
Dover, which lies in the opening between the two cliffs on the
English coast to the north. Ouessant was for many years
the port from which vessels sailed for England before Calais
was resorted to. I should imagine that Ouessant was given
up when large vessels began to be in use, as the sea is very
shallow near the coast here, and so ships started from Calais
instead.
If we could fancy ourselves in a boat on the sea, approach-
ing our island at this period, we should observe the country
covered with thick woods, reaching down in many places to
the coast. The oaks especially are very fine, of great age,
and some of them most majestic in their appearance. Here
and there glades of grass appear, in parts of luxuriant green ;
in other parts the herbage is long, and rank, and withered.
Winding avenues or paths are seen among the trees, but are
almost darkened in some parts, owing to the thickness of the
foliage.
Let us land and explore this interesting country. But who
are those gliding between the trees ? They have now come out
into the open space, and are looking about them, although
luckily they do not see us. They are more like demons than
human creatures ; and, indeed, it has long been supposed that
Britain is haunted by such beings. These people are the inhabi-
tants of the island. They are of huge size, have very little cloth-
ing, and what they have consists of the skins of wild beasts
DOMESTIC EVERY-DAY LIFE IN THIS COUNTRY. 91
not more ferocious than themselves. The women sew these
skins together with leathern thongs, or fibres of vegetables,
and bone needles. The skin of a brindled ox fastened with
thorns was a favourite, I may say a fashionable dress, among
the ladies of this period. *
They wore also a necklace of beads, and entwined wild
flowers in their long twisted hair. Blue eyes were common
among this people, and their expression was generally wild
and fierce.
In the diagram before you, you have a representation of a
group of them emerging from a wood, armed with formidable
weapons, their shields made of wicker-work. They live in
independent tribes, and do not offer a very hospitable recep-
tion to those who land on their shores ; but who, as they come
uninvited, have no right to be treated as welcome guests.
They are generally tall and well made. The hair of most of
them inclines to red or yellow, and is usually turned back
upon the crown of the head, and falls down in bushy
curls behind. Long hair in those days was considered a
mark of dignity. Kings and nobles were accustomed to allow
of its growth, while persons of inferior rank were closely
clipped. "f* Men of rank, however, shaved the chin, but wore
immense tangled moustachios. On their persons the ancient
Britons wore bracelets, rings, and other ornaments of gold,
silver, brass, or iron, according to the rank or means of the
wearer.J
The women and children were very fair. While travelling
in Brittany I have been much struck by the fair complexion
and beautiful oval faces of some of the youths among the
peasantry of that people, who are the genuine descendants of
the ancient Britons, who migrated there in shoals on the
invasion of this country by the Saxons, and who have not
that mixture of Saxon, Danish, and Norman blood possessed
* Thompson's " Illustrations of Great Britain," vol. ii., p. 233.
f Sir F. Palgrave's " History of the Anglo-Saxons," p. 58 ; " Pictorial
History of England," vol. i., p. 128.
t Ibid.
92 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
by ourselves. Some of the ancient Britons are said frequently
to have lived to 120 years. This length of days was sup-
posed to be owing to the sobriety and temperance as much
as, or more than, to the salubrity of the climate. In this
respect I fear that this country has rather retrograded instead
of advanced in civilization since the time of our rude and
savage ancestors. The use of clothes was at this period scarcely
known in the island, so that to all the diseases caused by
tight lacing, and other modern though not less barbarous
usages of this sort, they were utter strangers. Only the
inhabitants of the southern coasts wore any clothes at all ;
but this portion of the community were so far in advance of
the rest of the country in civilization, that they covered them-
selves in a rude fashion with the skins of wild beasts killed in
the chase. And this we are assured that they did, not
because they required to protect themselves against the cold,
but because they wished to avoid giving offence to foreigners
who came here to traffic with them — the earliest instance on
record of the national politeness. In order to ornament their
persons and add to their natural charms, they used to make
incisions in their bodies in the shape of flowers, trees, and
animals, as also of the sun, moon, and stars, which, with
the juice of wood, they painted of a sky colour that never
wore out.* Thus early did a taste for pictorial art display
itself among us.
But having landed on the coast, let us [explore this strange
wild country, and see if we can contrive to make out some-
thing more about its character and its inhabitants. We will
follow this winding path into the thick wood. The road is
very rough, huge pieces of rock here and there interrupt our
progress; and as we descend into a valley, an extensive marsh
or morass has to be crossed, and a whole flock of wild-fowl
are disturbed by our presence. A stag occasionally bounds
across the path before us, and through an opening in the
forest we see a herd of deer feeding in a green spot at a
distance. Sturdy trunks of oak guard the path on each side
* " Pictorial History of England," vol. i., p. 129.
DOMESTIC EVERY-DAY LIFE IN THIS COUNTRY. 93
of us, and overhead the boughs and leaves are so thick as
sometimes almost to resemble a vaulted roof. A wolf is
howling in the plain, and yonder an immense eagle is
hovering over some object of prey. At the termination of
the glade which we have been following, there appears to
be an open space where the trees have been cleared away. A
number of small buildings, which we at first take for pigsties,
are clustered here, round in form, with pointed roofs. Of
this you have a representation in another diagram. This is
an ancient British village. Our rude forefathers lived in the
woods, in huts of this form, roofed with straw or osiers, some
covered with the skins of wild beasts, others with boughs or
turf. Several they plastered over with clay, and whitewashed
them with a mixture prepared from chalk.* The houses of
the Britons at the period of the Roman invasion were nume-
rous on the southern coast, and were constructed of wood and
covered with straw. Some of them were made of poles and
wattled work, in the form of a circle, with high tapering or
pointed roofs. They had usually one or more lofty arched
entrances, and the pictures of them were not unlike the tin
canisters used by grocers. Each hut measured from about
ten to twenty feet in diameter.-f* There is no appearance of
either chimneys or windows, but a fire was made upon the
floor, for which the woods of course supplied abundant fuel.
To the right of the diagram containing the group of figures,
will be observed a representation of an ancient British hut on
a larger scale than those in the other. The original building,
indeed, whence the picture was taken, was in reality no
other than a pigsty, and that in Wales. If, however, it be
thought derogatory to our ancestors to suppose that they
lived in pigsties, I must in justice to them explain that it
was not they who lived in pigsties, but the pigs who were
born in a later age lived in the houses which the people
abandoned as soon as they got better and larger dwellings.
At the present day, however, as I can state from experience,
* Thompson's " Illustrations of Great Britain," vol. ii., p. 80.
t " Pictorial History of England," vol. i., pp. 98, 99.
94 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
having seen it with my own eyes, both in Wales and in
Ireland, the pigs very often live in the same houses with their
masters, and more than this, eat out of the same vessels
that the family do, and in which the poor pigs themselves
will some day or other be served up at table. In one of the
pictures of a habitation of this form, copied in the group of
huts in the diagrams representing a view of the country in the
ancient times, there is a low semicircular wall in front of
the building. This may, however, very possibly not have
been erected when the people . our ancestors lived there, but
only have been added afterwards, from a consideration of the
wandering propensities of the pig who succeeded to the
tenancy.
The next diagram represents another form of house occa-
sionally in use among the ancient Britons, and which is sup-
posed to have been derived from the Gauls who lived in
France. It is larger and more commodious than the others,
being two stories high ; but it is only of wood, and the roof is
thatched. The gentleman in front of it, who appears to be
labouring under some excitement, seems from his costume to
be a Romanized Briton ; that is, a Briton who lived in this
country after its conquest by the Romans, and who adopted
their more civilized mode of dress.
If we can suppose ourselves to be now peeping inside one of
these huts, we shall observe that some of the seats placed
there rather resemble our modern chairs, while others are
composed only of a block of wood. On looking round the
room, we perceive the arms of the family ranged along the
wall. There are, however, no beds to be seen, and on inquiry
we are told that the family sleep on the floor, and use shaggy
skins for their bedding.* The inhabitants of these not very
luxurious dwellings had, however, one advantage over us of
the present civilized age. They very easily changed their
quarters, without giving any notice to quit, whenever they
wished to leave ; being generally instigated to take this
step either by the hopes of plunder, or the fear of being
* " Pictorial History of England," vol. i., p. 125.
DOMESTIC EVERY-DAY LIFE IN THIS COUNTRY. 95
attacked by an enemy. The furniture which they had to
move was not very extensive or very cumbrous ; and probably
the whole of the wardrobe, including that of the ladies also,
was easily carried on the husband's back, as were the child-
ren too.
The domestic cattle were kept in enclosures near the village,
to protect them from the wolves. The ancient Britons eat
meat which they obtained principally by hunting. Some have
supposed that they ate this raw. Both the woods and the
plains were well stocked with game ; and there were neither
preserves nor game laws to interfere with their sport. Roots
and leaves found in the woods they also eat, and they made
curds of milk. With regard to domestic poultry, as already
observed, their religion forbade them to eat of either chickens
or geese. Hares were also forbidden. Fish, too, they never
used to eat, although their seas and rivers abounded with
them.
Those of the ancient Britons who lived in the north of the
island, were the rudest in their modes of life, and were the
most deficient in general information, probably from having
less intercourse with strangers than those in the south. The
former never sowed their land, but lived upon the produce of
their flocks, and the spoils of the chase. The boundaries of
the different lands and pasturage of the ancient Britons were
marked out by large, upright, single stones, numbers of which
are still to be found in some parts of the country, and are
called hare stones. Of gardening it is supposed that many of
the ancient Britons were entirely ignorant. The Normans,
indeed, it is believed, first taught the Britons the art of garden-
ing, and also how to plant orchards.
The British towns, or rather villages of this period, were
very unlike any at present in this country, consisting only of
a confused parcel of huts placed at a little distance from each
other, without any order or distinction of streets, as you see in
the diagram. They generally, as in the drawing before us,
stood in the middle of a thick wood or marsh, approached by a
labyrinth, the avenues of which were defended by slight
96 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
ramparts of earth,* or by the trees which were felled to clear
the ground. The Britons had no notion of joining their
houses in streets, each being built at some distance from the
other, and generally on the banks of a river in order to obtain
water, or in woods that supplied forage for their cattle. The
most convenient place was taken by the prince, the dwellings
of his subjects and the stalls for their herds being erected
round him, whilst a ditch and a mound of earth enclosed the
whole.t The latter was made of mud or felled trees, or pro-
bably of both materials mixed. Caesar highly complimented
the Britons on the skill which they displayed in the fortifica-
tion of many of their towns. Indeed, these rude people were
remarked to be not only very quick in apprehension, but to
possess also considerable penetration.
Among the Gauls who lived in France, and many of whose
habits closely corresponded with those of the ancient Britons,
Caesar tells us that husbands had the power of life and death
over their wives and children. At the death of a nobleman,
if there was any suspicion against his wives, they were put to
the torture as slaves. If they were thought guilty, after cruel
torments they were burnt to death.
The courage of the ancient Britons is said to have been
very great, and astonished even the mighty Caesar himself ;
who tells us that they fought for the most part in chariots
made, some of wood, others of wicker work with wooden
wheels, and which were armed with a sort of scythe project-
ing from the side, and whence, furiously driving among
their enemies, they hurled their darts. You may see a repre-
sentation of a British war chariot in another diagram. The
following is Caesar's account of the manner in which the
ancient Britons, our valiant ancestors, carried on warfare in
their chariots, as taken verbatim from his description of
them : —
" Their mode of fighting with their chariots is this : — Firstly,
* "Pictorial History of England," vol. i, p. 33.
f Thompson's " Illustrations of Great Britain," vol. ii., p. 81.
DOMESTIC EVERY-DAY LIFE IN THIS COUNTRY. 97
they drive about in all directions, and throw their weapons,
and generally break the ranks of the enemy with the very
dread of their horses and the noise of their wheels ; and when
they have worked themselves in between the troops of horse,
leap from their chariots and engage on foot. The charioteers
in the meantime withdraw some little distance from the
battle, and so place themselves with the chariots that, if their
masters are overpowered by the number of the enemy, they
may have a ready retreat to their own troops. Thus they
display in battle the speed of horse, together with the
firmness of infantry ; and by daily practice and exercise
attain to such expertness that they are accustomed, even on a
declining and steep place, to slack their horses at full speed,
and manage and turn them in an instant, and run along the
pole, and stand on the yoke, and thence betake themselves
with the greatest celerity to their chariots again." * In the
drawing last alluded to will be also observed some devices
and shields of wicker-work in use among the ancient
Britons. Representations of rings and drinking vessels will be
seen as well, as also of axe-heads, and the rings of bronze,
gold, silver, and iron, which passed current for money. Speci-
mens of this coin have been occasionally dug up. Some-
times, as you will perceive in the diagram, the form is that of
a complete ring, in other instances that of a wire or bar
merely bent till the two extremities are brought near to each
other. In some cases the extremities are armed with flattened
knobs, in others they are rounded out into cup-like hollows'
It is to be observed that in the ancient fresco paintings in
the tombs of Egypt, coins of this description are represented
as in use. Other British coins were stamped with figures of
oxen, horses, hogs, and sheep, and sometimes a head on the
reverse side. It has been conjectured that particular coins
served to purchase the particular animals whose effigies they
bore.t Indeed, cattle were first of all used as the commodi-
ties for effecting exchanges, hence, in Latin, the words pecus
* Commentaries, book IV., chap, xxxiii.
f "Pictorial History of England," vol. i., pp. no, in, 114.
H
98 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
and pecunia, cattle and money, are very nearly the same. The
swords and dirks of the ancient Britons were probably made
of copper, occasionally mixed with a little tin to prevent them
from bending. Heavy black stones, in which a handle was
made to fit, served them for maces and battle-axes * When
the ancient Britons had to deal with foes on horseback, they
left their chariots to fight on foot. It is recorded by one
historian that the object which caused the greatest terror to
the Britons during Caesar's invasion, and to which he mainly
owed his success, was the sight of an elephant armed with
scales of polished steel, and carrying on his back a turret
filled with armed men.
Some very wise persons have tried to make us believe,
owing to the occurrence in Caesar's Commentaries of the
words positis speculis, in reference to his invasion of Britain,
that the Romans actually brought telescopes with them in
order that they might have a look at our primitive fore-
fathers before they engaged with them in close combat But
the real meaning of the words, no doubt, is that they placed
sentinels to be on the look-out.f Caesar tells us, in his Com-
mentaries, that the Britons were getting in their corn harvest
when he landed with his legions ; and that an attempt being
made by the invaders to carry off the corn, a desperate battle
ensued.
The diagram already alluded to, as containing a representa-
tion of an ancient British village, is intended to represent a
scene such as might have been afforded in this country at the
period of which I am now speaking. Vast forests, principally
of oak, some of these trees of great age, were then spread over
the land. These immense woods were, however, not merely
the abode and the place of refuge of wolves, and bears, and deer,
and other wild animals, but all those persons who had com-
mitted any great crime fled to them for protection, and as a
place where no one dared to follow them. And there those
desperate characters lived by robbing travellers, and all who
* " Pictorial History of England," vol. i., p. 36.
t Selden's " Table-Talk," p. 103.^
DOMESTIC EVERY-DAY LIFE IN THIS COUNTRY. 99
afforded any prospect of plunder. Even persons who had
once possessed vast estates, but who had forfeited them for
some offence against the Government, occasionally took to the
forest as their residence.*
In the foreground of the diagram, you will observe a crom-
lech, being a flat stone supported in a horizontal position upon
others set perpendicularly in the earth, which formed an altar
on which the Druidical sacrifices were offered up, and on.
which the sacred fire kept burning. The name " cromlech "
is said to signify a stone for bowing to or worshipping. In
the valley a large pool of water stands half choked up with
weeds, but which has since been drained, and now forms
fertile meadow land, with a river winding through it. A
Druidical temple may be observed on the edge of the pool ;
and on the hill beyond it, which is covered with dense wood
except the summit, are three large wicker figures, in which
the people congregated around them are about to burn their
victims in sacrifice. One of these idols is beginning to blaze.
We may calculate to some extent how very different would
be the general aspect of this country at that period, at any
given point, from what it now presents as regards its leading
landscape features. That mildness, and richness, and appear-
ance of fertility, which are so characteristic of English scenery
in the present day, were not then exhibited ; but, on the
contrary, all was wild, and rugged, and without cultivation.
There were then no enclosures as at present, which certainly,
however, do not contribute to the beauty of a landscape ; and
the gently sloping hills which are now streaked with hedge-
rows, and covered with verdure or plots of corn, would then
be clothed for the most part in dense woods. The valleys,
through which gentle rivers are now winding, were then most
of them swamps or morasses, the haunts of numerous wild-
fowl, which took shelter and made their nests among the reeds
and osiers, and at times filled the air with their cries ; while
the forests abounded with deer and other animals of the
chase, and also with foxes and wolves, and even bears. Per-
* " Companion to Charnwood Fort," page i.
100 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
haps the fairest and most agreeable notion of the scenery
presented in this country at the time of which I am now
speaking, is afforded by some of the wildest spots in the
forests and chases and parks here and there still to be met
with, where the venerable and wide-spreading oaks have been
allowed to arrive at their full maturity and majesty, and the
woods possess all the richness and luxuriance which they
exhibit in a state of nature, with the fern, and heather, and
wild flowers springing up around ; while rocky streams flow
in their course through the landscape, and herds of deer
wander as in a state of nature over the vast tracts of green
turf, unrestrained by enclosures, and as though the hand
of man had never interfered to alter the original character
of the country.
I will also venture an opinion that the best representatives
at the present day of our early British forefathers, are the
North American Indians, who doubtless very much resemble
them in their mode of life and the costume which they
assume, as also in their wild predatory habits, and their
pursuit and manner of living upon different animals of the
chase. The rude country, too, which they inhabit, greatly
resembles that of England at the time of which I am speak-
ing ; and the dense and wide-spread forests through which they
roam correspond closely with those which covered the face of
this country during the period of the ancient Britons. The
temperature and the climate, and also the natural productions
of the country, in both cases much resemble each other ; and
their condition in civilization being about upon a par, the
resemblance between the two races is drawn still nearer
together.
In the times of the ancient Britons but few cattle were to
be seen in the pastures, as Tthe greater portion of those kept
for domestic use would be in the enclosures near the villages,
where they could be protected from the attacks of wild
beasts.
With respect to the different trades and handiworks in
which our primitive forefathers the ancient Britons excelled,
DOMESTIC EVERY-DAY LIFE IN THIS COUNTRY. 101
that of basket-making, or wicker-work, has been particularly
alluded to by some of the ancient writers. They also used
wicker-work in the construction of their smaller boats. Their
shields, too, were constructed of wicker-work, as I have
already told you ; and so greatly did they excel in this manu-
facture, that their baskets were carried to Rome, and con-
sidered to be great curiosities.
The ancient Britons appear also to have possessed some
skill in the manufacture of earthenware articles. Funeral urns,
drinking cups, most frequently found with skeletons, and
placed at the head and feet, and incense cups, which are
supposed to have been suspended over the funeral pile, have
been discovered among the ancient British remains. They
also possessed some knowledge of the art of working in
metals ; and moulds for spear, arrow, and axe heads have
been frequently discovered. With the art of dyeing cloth
they were also familiar.
The southern part of this island was, according to tradi-
tion, in the British times crossed in various directions by four
great highways, many parts of which are still to be traced,
and are known by the names of the Fosse, the Watling Street,
Ermine Street, and the Ichenild.* At any rate, lines of
communication in these several directions were made by the
Britons ; but it was probably by the Romans that they were
transformed into regular and firm roads, as they were also by
them levelled, straightened, and paved, so as to adapt them
not only for the ordinary purposes of pedestrian and carriage
communication, but also for the movement of large bodies of
infantry and cavalry in all weathers and in all seasons.f The
distances from station to station along the Roman roads
were marked in Roman miles, and they were indicated on the
actual road by milestones regularly placed along the line.
Of these, the famous London Stone, still to be seen against
the south wall of St. Swithin's Church, in Cannon Street, is
supposed to have been the first, or that from which the others
* " Pictorial History of England," vol. i., p. 109.
Ibid.
102 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
were numbered along the principal roads, which appear to
have proceeded from this point as from a centre.*
When the Romans obtained possession of this island they
compelled the natives to work in clearing away the roads and
draining the marshes, as also in the construction or comple-
tion of the roads. This occupation was found too fatiguing
for the Roman soldiers, and we are told that as many as
50,000 of them died in consequence. Criminals, too, were
employed in labour of this kind, as also in the mines. Arti-
ficial canals as well as roads ar£ supposed to have been
constructed in this country by the Romans.
Money of a certain description, and a very rude character,
appears to have been in use among the ancient Britons. At
first they seem to have used pieces of bronze or iron of a
certain fixed weight. Afterwards these coins were, as already
mentioned, stamped with the figures of 'horses, oxen, hogs,
and sheep ; and some had a head, apparently that of a king,
on the other side. In course of time, however, as we have
seen, gold and silver were introduced as current money. The
commercial dealings of our primitive ancestors were not,
however, at the time of which we speak, very extensive or
very complicated. Probably, like the coin itself, they were
rude and simple ; and if they enjoyed but few of the comforts
of civilized life, we have the satisfaction of reflecting that, on
the other hand, they escaped most of its cares.
Some of the early inhabitants of this island appear, how-
ever, to have carried on an extensive traffic with foreigners.
And it has even been conjectured that Britain was visited on
account of its mines by merchants from Tyre and Sidon.
Tin, which was very early discovered in Cornwall, is supposed
to have been used in dyeing cloth for which Tyre was particu-
larly famous. It was also said that the people of the Land's
End, in Cornwall, were much more civilized than the rest of
their countrymen on account of their frequent intercourse
with foreign traders. Gold, silver, and iron, and also corn,
* '' Pictorial History of England," vol. i., p. no.
DOMESTIC EVERY-DAY LIFE IN THIS COUNTRY. 103
cattle, and skins, are described among the articles early
exported from this country.*
The British dogs were very famous, alike for their size,
courage, strength, fleetness, and scent. Slaves were also ob-
tained from Britain as they now are from Africa. British
horses were highly esteemed by the Romans both for their
beauty and their training. Pearls, too, were very^ early pro-
duced in Britain, the colour of which is, however, said to have
been dusky and livid ; but this has been attributed to the
unskilfulness of the gatherers, who did not take the fish alive
from the rocks, but merely collected them as the sea threw
them up when they were dead. These pearls very early
acquired celebrity, and it has even been reported that
Julius Caesar was mainly led to invade this island from the
hope of enriching himself with its pearls. He was probably
aware also of the lead and tin with which the mines of this
country abounded, f British oysters as well as British pearls
were much prized by the Romans.
After the Romans had established themselves in Britain, it
is probable that the commerce with this country was much
extended, and that the Roman ships, which were larger and
more commodious than the British, were employed for this
purpose. The Roman coinage became also current in this
country, and accordingly numbers of Roman coins are con-
tinually discovered even at this day. Gardening is said to
have been introduced into this country by the Romans, as
also the cultivation of the vine. The Romans, moreover,
paid great attention to the working of the mines, and brought
additional skill and labour to be so employed. The Roman
conquerors of this island did much in many other respects for
its improvement and civilization. They introduced many
wholesome laws and customs, taught the natives the con-
veniences of life, and instructed them in art, literature, and
* " Pictorial History of England," vol. i., chap. 4.
t Ibid., vol. i., pp. 26, 106.
J Ibid., vol. i., pp. 114, 117.
104 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
science. Indeed, the country assumed a new face under the
Romans, and looked as if the light of a new and brighter
day had been let in upon it Cultivation of the land was
improved and extended. Forests were cleared away, and
with this the beasts of prey which inhabited them were hunted
down. Roads to different parts of the country were con-
structed, and in the place of the rude piles of huts, houses
and towns were erected in various parts of the kingdom.*
The Romans retained their sway in this country for nearly
400 years.
Many of the cities built by the Romans in this country
have since been wasted and become desolate. Silchester is
one of these. Corn-fields and pastures cover the spot once
adorned with public and private buildings, which are now
wholly destroyed.!
It has been remarked that there is no reason to suppose
that, but for the subjugation of this country by the arms of
Rome, the ancient Britons would have attained a condition
much superior to that of their contemporaries inhabiting the
forests of Germany or Scandinavia.
Some of the generals sent over from Rome to govern this
country assumed the title of Emperors of Britain,^ which has
been held by several of its sovereigns, and is in reality older
than that of the title of king. § Like some modern emperors,
however, these ancient rulers of ours do not appear to have
held their sway by a very firm tenure. On Caesar com-
plaining of a king of Gaul whose sovereign acts did not
quite satisfy the Roman emperor, the king in question justi-
fied himself by asserting that it was not he who ruled his
* " Pictorial History of England," vol. i., p. 137.
t Palgrave's " History of the Anglo-Saxons."
I " Pictorial History of England," vol. i., pp. 53, 55, 144, 173.
§ These lines were written and this paper was read some weeks before
the debate in Parliament occurred on the subject of her Majesty assuming
the title of Empress of India, during which objection was taken to the
title of empress as a novelty, and altogether unknown to this country, and
as "un-English."
DOMESTIC EVERY-DAY LIFE IN THIS COUNTRY. 105
subjects, but his subjects who ruled him,* and that he had to
obey them instead of their obeying him. Probably the case
of this monarch was not a very rare one.
When Caesar invaded this country he found the general
intellectual instruction of the nation carried on by an order
of persons called Druids, who constituted a body of national
functionaries entrusted with the superintendence over all the
departments of learning. They were not merely their theo-
logians and priests, but also their lawyers, who administered
justice and inflicted punishment ; their teachers of youth,
their moral and natural philosophers, their astronomers, their
mathematicians, their architects, their musicians, their poets
and probably also their only historians, f The Druids are
said, indeed, to have been acquainted with the magnet and the
compass. J They also instructed their scholars respecting the
heavenly bodies and their motions. Caesar remarked that
the institution of Druidism was supposed to come originally
from Britain, whence it passed into Gaul. It is believed,
indeed, that there were Druids remarkable for their learning
before the time of Pythagoras, who died about 497 years
before the Christian era. And it is asserted that even this
faith had once purity in its principles and the true God for
its author, since it must have first been derived from Gomer,
the eldest son of Japheth, and grandson of Noah, who is said
to be the ancestor of the Gauls, Britons, and all the Celtic
nations.§
There were also Druidesses, or female Druids, who pro-
fessed to work miracles, predict prophecies, cure diseases, and
raise storms. They moreover pretended to convert them-
selves into different kinds of animals. They had white hair,
and like the Druids wore a sort of official costume on all
public occasions.
The Druids always communicated their instructions by word
* " Pictorial History of England," vol. i., p. 82.
t Ibid., vol. i., pp. 59, 119.
J Thompson's " Illustrations of Great Britain," vol. ii., p. 230.
§ Ibid., vol. i. p. 23,
106 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
of mouth, though Caesar says that they were acquainted with
letters, and used them on all common occasions. One
division of their body was called bards, who celebrated in
verse the praises of the gods and heroes of the nation. Of
this order of men I shall presently speak more particularly.
The Druids ascribed important healing virtues to many herbs ;
but they held that everything depended upon the cere-
monial with which they were gathered, the regulations re-
specting which were very minute.
Caesar in his Commentaries, * from which I have several
times quoted, has left us an account of the superstitious rites
and religious sacrifices performed by the Druids. At these
sacrifices, one authority tells us, they were so strict in
observing silence, that such as were found talking during the
ceremony after being three times warned had part of their
robes cut off, and were afterwards proceeded against with the
greatest rigour ; such as came last were cut to pieces. To be
forbidden to come to these sacrifices was the severest punish-
ment known to the Gauls, and such persons could neither
have recourse to the law for justice, nor hold any public ofnce.t
Human victims were sometimes crucified in the sacred groves.
They were also offered up by the Druids in order to appease
the supposed anger of their deities. | Figures of straw and
of wicker-work of immense size, which have already been
alluded to, were constructed, which, being filled with living
men, were set fire to. Persons guilty of theft, robbery, or
other crimes, were thus punished, by which it was supposed
an atonement was made. Cattle as well as men were some-
times thus roasted together alive.
The oak was the tree which was principally venerated by
the Druids, and they chose groves of oak for their residence
and performed no sacred rites without the leaf of that tree. §
Indeed, the Supreme Being was worshipped by them under the
* Book VI., chap. xvi.
t Thompson's "Illustrations of Great Britain," vol. i., p. 18.
+ " Pictorial History of England/' vol. i., p. 63.
§ Ibid., p. 61.
DOMESTIC EVERY-DAY LIFE IN THIS COUNTRY. 107
form of an oak. The Druids were accustomed to fix upon the
finest tree they could discover, and having cut off its side
branches, they joined two of them to the highest part of the
trunk, so that they extended like the arms of a man.* The
youths of noble families thronged to them for instruction in
the depths of the forests or in gloomy caves. Little more
than a century ago ancient oaks were still standing around
some of the circles of stones set upright in the earth, which
are supposed to have been Druidical temples.f In the centre
of these was a flat stone, still called a cromlech, which was
used as an altar. Of such there are several remains in dif-
ferent parts of the country. The oaks were very thickly
planted, and were watered by a dark stream or fountain, which
was held sacred.J
There , are also a great many remains of Druidical
temples in England, and in Brittany in France, where
Druidism at one time prevailed. The most remarkable
and extensive Druidical temple in England is that of
Stonehenge, near Salisbury, of which you have a repre-
sentation in the diagram. This building consists, as you
will perceive, of a number of very large oblong stones placed
upright, with others of the same size laid across them. The
building itself was of a circular form. In one drawing of it,
supposed to represent it in its early state, the stones appear all
of them quite smooth, and the building itself is perfectly
regular. The stones now, however, are very rough, and the
building, from several of the stones having been taken away,
is quite irregular. Indeed, its originally circular form would
at present hardly be perceived.
The next of the diagrams represents Stonehenge as it
appeared when a grand religious festival, accompanied by a
sacrifice of human beings, was being celebrated there at the
time to which I have alluded. The figures of wicker-work are
blazing away with the victims. A long procession of priests
* Thompson's "Illustrations of Great Britain," vol. i. p. 12.
t /&'</., p. 61.
J I6ut.,p. 15.
108 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
and priestesses clothed in white is approaching the temple,
about which crowds of people are also collected, several of
them in attitudes of adoration. Two altars are blazing in the
immediate foreground, near each of which priests are kneeling ;
a grove of oaks appears to surround these altars. To the left
of the picture some persons are seen bringing an ox which
is about to be offered in sacrifice.
There is still considerable uncertainty as to the object of
Stonehenge, and even respecting the time of its being erected ;
though the most probable and the best supported conjecture
seems to me to be that it was a temple erected for religious
purposes under the direction of the Druids. The earliest
published notice of Stonehenge occurs in the writings of one
Nennius, who lived in the ninth century. He gives an account
of the murder of 460 British nobles at a conference between
King Vortigern and Hengist, in the latter part of the fifth
century, at or near the spot on which Stonehenge is situated ;
and he attributes the erection of the monument to the surviving
Britons, who thus endeavoured to perpetuate the memory of
that tragical event. Geoffrey of Monmouth, who wrote in the
twelfth century, gives the same account of its origin, but he
mentions a most extraordinary legend respecting it, which is
that supernatural agency was employed to remove the stones
from Kildare, in Ireland, and place them upright on Salisbury
Plain ; and he adds that they had been in the first instance
conveyed to Ireland from Africa. Inigo Jones, the famous
architect who lived in the time of James the First, thought
that Stonehenge was a Roman temple. One writer endea-
voured to show that Stonehenge was not only erected before
the deluge, but that Adam himself actually superintended its
construction ; and he goes on to argue that the present dilapi-
dated condition of it must have been produced by the flood.
As, however, I have already said, the best arguments lead to
the conclusion that it was certainly a Druidical temple. And
one writer has urged that this is evident from the language in
which it was described, and the great veneration in which it
was held, by the primitive bards, those immediate descendants
DOMESTIC EVERY-DAY LIFE IN THIS COUNTRY. 109
and avowed disciples of the British Druids. Nevertheless the
conclusion that Stonehenge was a Druidical temple has been
strongly opposed, and forcible arguments have been put for-
ward against this supposition. It is said by one eminent
writer (Rickman) that Stonehenge stands on the Roman
road, and therefore must have been erected subsequently to
the construction of this road, and long after the times of the
Druids. On the other hand, if this temple lay in the direct
line of the Roman road, they would not have diverged the road
to avoid Stonehenge further than was absolutely necessary,
and might have carried it close by. Possibly, indeed, the road
in question was originally British, made in the time of the
Druids, and afterwards, as was sometimes the case, adopted
and completed by the Romans. And we may suppose that
to a temple of such importance the ancient Britons would
construct a main road. These objections do not, therefore,
appear by any means conclusive against Stonehenge being a
Druidical temple. It may indeed be regarded as a proof of
the restoration of Druidism in this country after the Romans
left it, and have been erected at this period. And there is no
doubt that when the Saxons came many years afterwards,
Druidism was the general religion of the people.
I some time ago visited what is considered to be a very
perfect Druidical temple, standing near Saumur, in France, of
which you have a view, etched from a rough sketch that I
made on the spot. This building is not nearly so large as
Stonehenge, and the form of it is oblong instead of round. It
is of about the dimensions of a moderate-sized waggon hovel,
and is closely walled in at the sides, as well as covered over at
the top with large stones, which is the more remarkable as
some writers have asserted that " the Druids were of opinion
that it was derogatory to the sublimity and immensity of the
divine essence to confine their adoration within walls and
under roofs, on which account their temples were left open at
the top ; and they had no other enclosure on the sides than
large broad pillars of unhewed stone, arranged ovally or cir-
110 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
cularly, with a considerable space between each." * I am
inclined myself, therefore, to conjecture that this building was
in reality not a Druidical temple, but a Druidical altar of
stupendous size. It is, I am sorry to say, now used as a barn,
from which degradation I hope the French Government may
be disposed to rescue it, and to preserve to posterity so interest-
ing a relic.
Near Dol, in Brittany, is a large upright stone of the shape
of an almond, which is supposed to mark the burial-place of
some person of note among the Druids, and which I also
visited some years ago. It is now surmounted by a crucifix.
The height of it is thirty feet. Of this also I made a sketch,
an etching taken from which is before you.
The Druidical remains in various parts of Brittany, which
I have several times visited, are indeed very extensive and
very interesting. On the plains of Carnac, which are near the
coast, stand the relics of a Druidical temple of vast struc-
ture, extending, indeed, some miles in length, which consisted
merely of large, rude, unhewn oblong stones, placed upright
in rows. Many of these have been removed and used for
building purposes, which of course occasions great dilapida-
tions in the original structure. The stones are not nearly so
large as those at Stonehenge, nor are they placed one over
the other. They do not appear to be standing in any order,
though in some positions you may perceive that they are
arranged in lines, which are, however, very much broken.
At Plouharnel, which is near Carnac, there are some very fine
cromlechs ; they are of great extent, and are entered by deep
passages. The earth is so heaped round them as to render
them now subterraneous. They are very perfect, but not so
large as that near Saumur. Near the great Druidical temple
which commences at Carnac is a very large stone, nearly
round, in which are cut three large indentations,. each of the
shape and size of the body of a man, where it is supposed
that the victims to be offered in sacrifice were placed ; and
* Lord Lyttelton's " History of England,'' p. 13.
DOMESTIC EVERY-DAY LIFE IN THIS COUNTRY. Ill
there are channels cut in the stone in the parts where the
necks would fit in, for the blood to flow down.
There are some very large cromlechs at Loch Maria Ker,
which is also on the coast of Brittany, about eight miles
from Carnac, and the stones placed horizontally over them
are of enormous size. Two of them are, however, broken
quite in two, but it is difficult to decide what force could have
effected this. Had it been caused by lightning, probably the
whole stone would have been shattered to atoms. On one
of the upright stones supporting the large horizontal one I
observed some curious waving lines carved, though almost
obscured by the lichens which cover it. I afterwards pro-
ceeded by boat to explore the island of Gavr Innis. It is
surrounded by strong currents, as also by a vigorous whirl-
pool, so that navigation there is somewhat difficult and
dangerous, and landing not always to be accomplished.
The superstitious still attribute these extraordinary com-
motions in the sea round the island to the influence of
demons. This little island is very rugged and barren, and
at a corner of it is a large tumulus of pieces of rock and
earth, nearly overgrown by furze bushes. On one side of the
tumulus is a small square opening, and you have to proceed
on your hands and knees through the entrance to the cave,
which gets wider as you proceed, and which consists of a
very large cromlech, extending underneath the tumulus, of
which you have a representation in the diagram. It is neces-
sary to use candles to explore the interior, the chamber of
which is spacious enough to enable any one to stand upright.
On some of the side stones supporting those covering the
cromlech, I found some curious carvings, which were no
doubt made by the Druids. They consist of long waving
lines, but what they are intended to represent — whether ser-
pents, or human figures, or Druidical temples — it is impos-
sible to determine. Some of the devices appear to be meant
either for arrow-heads or human figures. I made several
sketches from them, hoping to meet with an interpreter to
these mysterious signs. There are two round holes pierced
112 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
through one of the stones, which are supposed to have served
for tying victims there.
Druidism appears to have been established in Scotland as
well as in England, and several popular customs and super-
stitions still survive there, as also in England, which were de-
rived from that religion. The Druidical remains in that part
of our island are very numerous. In Ireland it continued to
flourish until the middle of the fifth century. A temple to
Minerva formerly existed in Bath. In London one to Diana
is said to have occupied the very spot where St Paul's now
stands. In each country Christianity was the means of
extinguishing Druidism ; and in Ireland we are told that
St. Patrick was mainly instrumental in its extirpation. But
even now, in this country, some of the practices of that super-
stition are kept alive in our popular sports and pastimes.
The ceremonies of Allhallow Mass, the bonfires of May-day
and Midsummer Eve, the virtues attributed to the mistletoe,
and various other customs of the villages and country parts
of England, Scotland, and Ireland, serve to remind us of the
days of Druidism.*
The order of bards has already been alluded to. I will
now give you some particulars respecting them. The bards
of Gaul and Britain were for a considerable time their only
historians, who noted down and recorded all the events of
importance which took place ; though I expect that, like some
modern historians, they were occasionally a little addicted to
the exaggeration and embellishment of their narrative. Most
of their works are written in a sort of rhyme, and no doubt the
information which they contain is on the whole of great value.
One of these bards, by name Merlinus Ambrosius, who lived
about the year 480, is said to have foretold the arrival and
conquests of the Saxons. The brief sketch that is preserved
of his biography will serve to show you how fond these
good people were of the marvellous. The bard in question is
stated to have been the son of a nun called Matilda, and his
* " Pictorial History of England," vol. i.
DOMESTIC EVERY-DAY LIFE IN THIS COUNTRY. 113
father a supernatural being ; and it is asserted that he at last
fell into a magic slumber.*
The court bard of those times was a domestic officer, and
occupied the eighth place in the Prince's court. He held his
land free, and the Prince had to allow him a horse and a
woollen robe, and the Queen a linen garment. If the Queen
desired a song, the bard was to attend in her chamber. When
he accompanied the Prince's domestic servants upon a foray
or plundering expedition, he was to have an ox or a cow
given to him from the booty ; and while the prey was
dividing he was to sing the praises of the British monarchy.
Reference has been made to the Steward or Disdain of the
court. His office was to provide food and drink, and also to
be master of the ceremonies and taster. One of his claims
was as much plain ale from every cask as he could reach with
his whole middle finger immersed ; spiced ale with the second
joint of the same ; and mead to the first joint. The great
falconer was limited to three draughts of strong liquor at the
royal table, lest intoxication should lead him to forget his
hawks. The porter was obliged to know the face of every
person who had a right to be admitted to the royal hall, and
he enjoyed the privilege, at each of the three great festivals, of
drinking three horns full of a very pleasant, and, I suspect,
pretty strong beverage, which was somewhat irreverently
called by the name of " the twelve apostles."t
Allusion has already been made to the manner in which the
ancient Britons were accustomed to bury their dead, of
which Caesar has rendered us an account. They appear to
have observed a variety of modes in the disposition of the
body. The earliest seems to have been to place it in a cist
with the legs bent up towards the head. Daggers and drink-
ing cups were placed with the corpse. Sometimes, how-
ever, they laid it in the grave at full length, and spear-
heads and lances and beads were deposited with it. The
* Thompson's " Illustrations of Great Britain," vol. i., p. 18.
f Ibid., vol. i., pp. 151, 152.
I
114 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY-
remains of dogs and of deer have also been found with
human bones. In other cases the body was enclosed in a
wooden coffin, and in some instances it was burnt. In the
latter case the ashes were frequently deposited in an urn. In
Scotland the body was very often laid in the earth entire, and
a loose heap of stones raised over the spot. *
Although, as has been stated, the ancient Britons carried
on commercial traffic with the people of other countries, it
does not appear that they were masters of any other navi-
gating vessels than open boats, and it is doubted whether
even these were furnished with sails. Their common
boat appears to have been what is still called the Carrach by
the Irish, and the Coracle by the Welsh, formed of osier
twigs covered with hide. Another kind of British boat seems
to have been made out of a single tree, like the Indian canoes.
Several of these have been discovered at different times, some
in the marshes of the river Medway. One was seven feet
long, and the paddle was near it. Another of them was so
well preserved as to be used for a boat for some time after-
wards.t No vessels, however, which could deserve to be
called ships of war appear to have been possessed by the
ancient Britons. The first voyage of discovery round Great
Britain, when the fact of its being an island was established,
was made about the year 84, by command of one of the
Roman generals.^ But it was not until long afterwards,
until the reign of Alfred the Great, towards the end of the
ninth century, that ships of war were built in England, and it
has been doubted if they had even any trading vessels before
that time.§ To Alfred England may be said to owe the
foundation of her navy. It was in the year 887, in the sixth
year of his reign, that he fitted out his first ships. Twenty
years later he built a much larger fleet. Some of his ships
had sixty oars, others even more.|| And in order to encourage
voyages by sea, a law was some years afterwards made in this
* " Pictorial History of England," vol. i., p. 132. f Ibid., vol. i., p. 102.
J Ibid., vol. i., p. 46. § Ibid., vol. i. || Ibid., vol. i., p. 267.
DOMESTIC EVERY-DAY LIFE IN THIS COUNTRY. 115
country that every merchant who should have made three
voyages over the sea with a ship and cargo of his own should
have the rank of a thane or nobleman. It will be recollected
that Dr. Southey, in his " Lives of the British Admirals," places
King Alfred at the head of them ; and his illustrious de-
scendant, our own Prince Alfred, has adopted the navy
as his profession. Sandwich is supposed to have been
the first British port used for shipbuilding.* King Edgar,
who reigned about the year 957, is said to have fitted out,
great and small, as many as 4,000 ships. Some have even
raised the number to 4,800. This fleet was distributed
in all the ports of the kingdom, and cruising incessantly
round the island, kept the pirates at a distance, and also pre-
vented invasions. With regard to pirates, at this period of
our history piracy was the common resource of the younger
sons of all the best families in Denmark, Sweden, and
Norway ; and the sea was regarded as a field upon which a
bold adventurer might reap for himself both fame and fortune.
The coasts of England, Scotland, and Ireland were the chief
scenes of their ravages ; and by these bold sea-captains and
their crews a great part of England was taken possession of
after the Romans had abandoned it.
Here we must for the present take leave of this interesting
subject, having now passed through the darkest period of Eng-
land's history, when the gloom of barbarism hung over the land,
and dense clouds of superstition enveloped it all around.
Dismal indeed was the prospect which this country presented,
and widely contrasting with anything that now appears. These
people, however much they may differ from us in habit,
manners, and all other respects, were, nevertheless, our fore-
fathers. The same blood which animated them flows in our
veins, intermixed more or less with that of the successive
nations who have invaded this land. Their nature, wild
as that nature was, is the same as ours, but by civiliza-
tion it has become tamed and humanized. Their rude
* Thompson's " Illustrations of Great Britain," vol. ii., p. 229.
116 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
capacities have been developed by cultivation. Lawless
passions have been subdued, generous emotions encouraged,
rude virtues matured. Had they lived in our times, they
would have been as civilized as the people of the present
century. Had we lived in their day, we must equally with
them have been the victims of, and in all probability the par-
ticipators in, their appalling superstitions. However we may
contemn them, they were only wild Englishmen after all.
We ourselves are but Britons who have been tamed.
117
THE HISTORICAL DEVELOPMENT OF
IDEALISM AND REALISM.
BY GUSTAVUS GEORGE ZERFFI, ESQ., Pn.D., F.R.S.L.,
FELLOW OF THE ROYAL HISTORICAL SOCIETY.
I. — GREEK PERIOD.
" GENERALIZATIONS drawn from particulars are the jewels of
knowledge, comprehending great store in a little room," says
the immortal Locke. The more I see of our learned societies,
the more I study the curricula of our different schools and
educational establishments, the more thoroughly am I con-
vinced that we persistently neglect the study of general
history from a higher and a philosophical point of view ; in
fact, we appear scarcely to have attained the faculty to distin-
guish between geography, archaeology, genealogy, biography,
ethnology, chronicles, heraldry, statistical reports, numismatics,
and extracts from registers. We call everything that has
happened history, and consider an old civic record, as devoid
of influence on the destinies of humanity as the name, age,
occupation, and domestic relations of one of the mummies
under a glass case in our British Museum, an historical docu-
ment of value. We are apt to confuse the task of the
antiquary or of a contributor to Notes and Queries with
that of the historian.
The historian undoubtedly requires details, and cannot do
without them. But not every collection of details is history
in a higher sense. Conscientious " archive-copyists " abound
among us to an overwhelming extent. All is historical de-
tail ; there are heaps of historical materials, not yet arranged
into a systematic and organic building. Bricks and stones,
iron girders, cross-beams, cornices, pillars, consoles and
chimney-pots are plentiful. But the architects are rare, and
it cannot be detrimental to our Society and its future destiny
118 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
to devote ourselves, at least sometimes, to the constructive
duties of philosophical historians, trying to trace laws in
isolated historical phenomena, and thus using the mass of
detailed antiquarian material for some higher purpose.
I am the last to look down upon those who toil in record
offices or copy old documents ; but I certainly could wish
them to refrain from decrying those who devote themselves
to the building up of theories to further the progressive intel-
lectual development of humanity.
Universal history is with us still in its infancy, though we
were the first to teach its peremptory necessity to other
nations who have followed the hint thrown out by Boling-
broke, and have recognised the truth " that human knowledge
has only one store-house, history." I know that it is looked
down upon in our universities and colleges as incapable of a
scientific treatment. It is generally assumed that history is
but an incomplete mass of more or less verified incidents.
But it is history that liveson, as the only true " Logos " in the
intellectual consciousness of humanity. As soon as education
had been freed from the fetters of mediaeval scholasticism and
theology, it could do no more without history in all its
ethical, political, and artistic branches of instruction. Wher-
ever the historical basis of tuition is neglected or ignored, real
culture of the mind is impossible. Every historian requires
a philosophical mental training, so as to be able to grasp
heterogeneous facts in their inner connections, to understand
the forces working in humanity, and to see in the variegated
and complicated phenomena of man's actions a homogeneous
whole. Reason and imagination are equally acted upon by
the study of universal history ; " an historian who is without
a philosophical and poetical mind is a poor historian," says
W. von Humboldt. Leibnitz, in pronouncing the words " le
present est chargt du passt et gros de Vavenir" laid down the
principle of a new method of treating history. For history is
the record of man's moral and intellectual deeds, done under
certain conditions, in certain places, and at certain times, and
these phenomena, together with the causes that produced them,
HISTORICAL DEVELOPMENT OF IDEALISM AND REALISM. 119
make up history. Not every action of man, however, deserves
to be recorded, but only such as mark the life of humanity in
its different phases of progressive or sometimes apparently
retrogressive development. We have special or pragmatic,
and general or universal histories. There is as wide a differ-
ence between an accountant and a mathematician, an herbalist
and a botanist, a miner and a geologist, as there is between a
biographer and an historian ; and among the latter again,
special and general historians are to be distinguished.
" All history," as I said in the first paper I had the pleasure
of reading before you, " is information acquired by inquiry ; "
but " universal history " is not contented with the informa-
tion acquired by means of inquiry ; it has a higher aim, and
endeavours to trace the causes of at least the most striking
phenomena, so as to discover a certain law in the interaction
of cause and effect in the destinies of mankind. Modern his-
torians reject the theories of chance, predestination, or free
will, and endeavour to prove phenomena to be the result of
man's self-conscious or unconscious activity by means of the
static or moral, and the dynamic or intellectual forces with
which he is endowed, and trace the working of these forces
according to physiological or psychological laws, or a combi-
nation of both.
The theory of development is altogether new in history.
Historians were content to collect dry facts as they pre-
sented themselves chronologically in so-called state or other
documents ; or they taught history under the influence of
preconceived facts, as is customary in our schools, beginning
with Biblical traditions, treating ancient states according to
the Book of Daniel, as did Melanchthon and Bossuet Or they
wrote history, as Macaulay stated in his essay on " Hallam's
Constitutional History," from a party point of view ; for
"every political sect has its esoteric and its -exoteric school,
its abstract doctrines for the initiated, its visible symbols, its
imposing forms, its mythological fables for the vulgar." As
long as history is written on such principles, we shall be
obliged to do without general historians in the scientific sense
120 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
of the word. The real historian has to deal above all with
the two sides of every question ; he has to divest himself of
his individual sympathies and antipathies. He has undoubt-
edly to exert his individual capacity to discern right and
wrong, truth and falsehood ; and though he cannot appeal like
the physicist to our outward senses with mathematical preci-
sion, he may arouse our higher reasoning and imaginative
faculties. His success in solving this difficult problem will
depend upon his impartiality, his unprejudiced mind, his love
of justice, and his philosophically trained intellect, freed from
all religious and political prejudices, so as to prevent him
from becoming in the treatment of the past either biassed or
one-sided. Nothing is more detrimental to history than party
spirit ; it blinds our clear vision, deadens our faculty of hear-
ing, and makes us unjust towards those whom we look upon as
adversaries. This is the reason why we often treat best those
subjects that are locally and chronologically farthest removed
from our country and times. Scientific universal history
becomes the more necessary the more the different special
branches of science increase in details. History has to con-
nect the apparently isolated facts, to trace in the discordant
voices of generations and their complicated actions union and
harmony ; for history is the bright genius that soars high
above particulars ; it is the echo of man's most secret yearn-
ings, showing in the various incidents of human life the
common elements of a universal brotherhood.
From the very first dawn of consciousness man tried to solve
the phenomena surrounding him in two divergent ways, which
up to our times have been followed by two opposed parties.
The controversy between idealists and realists, or materialists,
is as old as man's power of thinking. The history of man's
intellectual development in a wider sense is but the struggle
between the two. To trace the action and reaction of these
two agents in human history should be both interesting and
useful. It would be presumption on my part to attempt to
exhaust this subject ; I intend only to draw broad outlines, to
suggest and to excite investigation or contradiction.
HISTORICAL DEVELOPMENT OF IDEALISM AND REALISM. 121
I purpose dividing my subject into a series of papers, treat-
ing of the Historical Development of Idealism and Realism
in four groups, — Greek, Roman, Mediaeval, and Modern.
The cosmogonies of the East and the Greeks are the foun-
dation of all so-called science in ancient times. Man did not
try at first to explain the origin of the universe and of himself
from an ideal or material point of view, and least of all
scientifically, but invoked the aid of anthropomorphic world-
makers — some kind of half-real, half-spiritual being (or
beings), who sifted like a clever chemist the chaotically mixed
forces and elements, and left them to struggle, to grow and
decay according to chance. The creatures, and the earth
which they inhabited, were realities ; the Creator and his
working were ideal assumptions, clad in a more or less realistic
shape. With this antagonism the combat began. The think-
ing minds of antiquity very early opposed these assumptions ;
they were eager to find in the chaotic phenomena of nature,
and in man's actions, unity, order, and law. With this effort
to trace law on one side, and to assume, on the other, an active
band of gods and goddesses, the action and reaction in the
spiritual destinies of mankind were set in motion.
The Greeks were undoubtedly the first people in whom this
struggle took an intelligible shape and form. I know that
the Indians went through the same phases of spiritual contest.
The Vedantic idealism engendered the Vaiseschika system of
materialism by Kanada, and Sankhya tried to reconcile these
antagonistic systems. But the Greeks are so much more
approachable by us, that I hope not to be accused of a wilful
omission in beginning with them.
The development in all thinking nations with reference to
this struggle has been the same, and, moreover, must be the
same. The orthodox priesthood of Greece, representing the
ideal element, was not less intolerant than the Brahmans of
India or our own mediaeval Torquemadas. Thales of Miletus
was to them an atheist. Anaxagoras was imprisoned, and
saved his life by flight. Sokrates had to poison himself.
Protagoras had his writings publicly burnt, and had to fly
122 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
from his country. Aristotle had to leave Athens, to spare it
the disgrace of again dishonouring itself by persecuting a free-
thinker Theodorus was hated as an unbeliever, and Diogenes
of Apollonia had to share his fate. So soon as man became
conscious of his faculty of inquiry he used it, and used it
either to verify the origin of all things, or to make himself
acquainted with the working forces of nature. With the study
of mathematics, geometry, and natural sciences, the first steps
towards civilization commenced. The fact that this movement
began with the Greeks in those parts of their country which
were in a continuous intercourse with Egypt, Persia, and
Phoenicia, proves that they received the germs of these sciences
from those countries. The Greeks had the merit of bringing
order, system, and intelligible form into everything they
inherited from the East Their speculations concerning the
universe and its connection had many shortcomings, but they
were the first to lay down generalizations in a sharp and
intelligible form ; they furnished us continually with starting-
points, which they did not fix as unchangeable, metaphysical,
or theological truths ; they were the first to provide the world
with scientific deduction. We look down upon deduction as
a mere play of individual opinions, and while we are more
stationary in this very sphere of man's ideal activity, we strive,
on the other hand, towards a coarse materialism, which
assumes that beyond ponderables and measurables there is
nothing worth knowing. We ignore that, after all, our modern
mode of thinking, inquiring, and inventing for practical pur-
poses is but the natural sequence of those old Greek philoso-
phers who looked into the order of things more from a
deductive point of view, with the often unconscious power of
intuition ; but they very early tried to regulate not only
quantities and the sizes of bodies, but also the subtle quality
of our mode of thinking and our power of ratiocination.
The Greeks were, after all, the first to free our dim eyes
from the veil of the miraculous, the fabulous, the mythical, and
the imaginary. These elements took their origin in man's
fantasy and in his intellectual power ; and it was deduction
HISTORICAL DEVELOPMENT OF IDEALISM AND REALISM. 123
that led to induction, it was the idea that fixed the properties
of matter. " I am a body, and I think," was the beginning of
the atomistic theory. It was Diogenes of Apollonia who pro-
pounded the hypothesis that air is the pervading primitive
substance, engendering order and reason. The Eleatic school
worked also in this direction. The Pythagoreans recognised
numbers — but numbers of what ? — as the foundation of the
phenomena of nature, numbers of which the monad, forming
diads, was the origin — of atoms, in fact, which was a further
step to recognise in the phenomenal world the mysterious in
the visible, the complicated in the simple, the unknown in the
knowable.
One of the mightiest intellects of antiquity was Demokritos,
of whom we know scarcely more than the sobriquet " the
laughing philosopher." It is usual to nickname obnoxious
thinkers, to call them flippant, superficial, or taunt them with
hiding their ignorance under satirical phrases, because the
" dullards " of all times most hate the intellectual products of
those whom they can least refute. It was the immortal merit
of Lord Bacon to have pointed out Demokritos as the
founder of real science. This was the more praiseworthy,
as Bacon was spitefully unjust to Aristotle, whom he dragged
out of his times and circumstances, and branded as a pro-
pounder of empty phrases and hollow knowledge. Lord
Bacon was not endowed with the faculty of historical apprecia-
tion, and acted towards Aristotle as many modern French and
German philosophers, who judge Bacon by the light of modern
knowledge, act towards himself. It must be remembered that
without Aristotle no Bacon, and without Bacon no Cousin,
Kant, Hegel, or Schoppenhauer would have been possible.
Nor must we ignore that Demokritos intellectually engendered
Epikurus ; and that Bacon, after humanity had passed through
the unavoidable circle of errors for nearly 2,000 years, reaching
the transition point of a more correct reasoning, had to begin
again where Demokritos and Epikurus had left off.
The most important principle laid down by Demokritos
was, freely translated, " Do not let us strive after quantity of
124 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
knowledge, but after quality of understanding." Demokritos
opposed both Sokrates and Plato, because they turned philo-
sophy into mere verbiage and dialectics, without having any
firmer foundations for their assertions than mere assumption.
Both Sokrates and Plato became the props and pillars of
idealists, whilst Demokritos laid down those principles which
served the realists as a basis for their investigations.
Demokritos laid down six principal axioms, and these are
still the discussed points of our latest philosophical inquiries
on a scientific basis. He already acknowledged that —
1. "From nothing comes nothing. Nothing that exists
can be destroyed. All changes are due to combination and
separation of particles (atoms or molecules)." Kant places
this principle as the first analogon of experience. " Notwith-
standing all the changes to which the phenomenal is subject,
the absolute essence remains the same, and its quantity can
neither increase nor decrease in nature." Of course so long as
imagination in humanity was stronger than knowledge, or the
logical mode of inquiry weaker than the tendency towards
assuming causes which stood in no relation to certain effects,
man argued, talked, and built up systems and theories on the
origin of all things and the creation out of " nothing." This
gave rise to many discussions by which, if truth did not gain,
our dialectics were at least sharpened, till we came to the
conviction that inquiry was after all essential to prove that
the combination and separation of something real must pro-
duce the phenomenal in the universe.
2. " Nothing happens by chance. Every phenomenon has
its cause, from which it follows by necessity." This axiom
was already attributed to Leukippos, but without sufficient
evidence. It does away with all teleology ; for the cause
(Xoyoc) is, according to Demokritos, nothing but a mathemati-
cal and mechanical law, by which the atoms are ruled in their
movements with unconditional necessity. This assertion pro-
duced the same accusation which realists have to encounter
in our days. They were taunted with elevating blind chance
on the tripod of deification. There are scarcely any more
HISTORICAL DEVELOPMENT OF IDEALISM AND REALISM. 125
antagonistic notions than chance and necessity, and yet the
two are continually confounded. The notion of necessity
is clear, intelligible, and fixed ; the notion of chance expresses
merely a relative vague notion ; it is partially the negation of
an aim. Those who in whatever shape or form ascribe the
phenomena of nature to an absolute final cause, exclude chance
as distinctly as those who assume a law of causation. The
idealist has an easier task with his assumption of an absolute
final cause. Whatever presents itself to his astonished senses
is set down as the result of an incomprehensible final cause
for a distinct anthropomorphic aim, and anything contradic-
tory or unintelligible in relation to this aim is left as a great
mystery, without which mankind could not exist But this
never would have led us to knowledge. Knowledge begins
where mystery ceases. This does not eliminate the ideal,
or altogether do away with the mysterious. Only the
mysterious, instead of becoming something debatable and
apparently scientific, becomes the merely unknowable, and
the conviction that there are unknowables is the highest gain
of science. The assumption of necessity and law in nature
led to a rational study of nature.
3. " Nothing exists but atoms and space ; all else is mere
opinion." This is the weak and strong side of realism in one
single statement. The phenomena we study in modern times
are resolved into their smallest component parts which are
found to be in motion. Thus only we are enabled to explain
sound, light, heat, electricity, and taste. Athens entered a
protest against this atomistic principle, and tried to prove
that the ideal is something separate, not only acted upon, but
freely acting. The bridge of union between the acting and
acted upon was not yet found. Even if we assume that
physicists may yet be able to find out a perfect theory of
" brain functions," and distinctly show the mechanical origin
and action of sensations, and thus explain the most im-
portant actions of a living creature according to a law of con-
servation of force, developed in the brain under the influence
of nervous irritation, setting vital energy into motion, it will
126 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
still remain an eternal mystery how the simplest sensation
becomes that of a certain subject, my own subjective sensation,
and how this my subjective impression corresponds to the
same phenomenon produced in the objective world beyond
myself. Demokritos answered the assertion of the Eleatic
school, " that all such impressions were mere illusions," with
the counter-assertion that this depended on the quality of our
senses. " The notions sweet, bitter, heat, cold, colour, were
matters of opinion ; in reality, only atoms and the empty
space existed." According to him thinking was even of
greater importance than experience. His thinking was con-
stantly reduced to observation, and saved him from the error
into which experimentalists often fall, of arguing inductively
from an experiment in which they do not succeed, that the
experiments of another which have succeeded cannot be right,
and that a theory based on such or such an experiment is
impossible. Such reasoning leads to a dangerous dogmatism,
that has often hindered the progressive development of
humanity for hundreds, nay, thousands of years.
4. " The atoms are infinite in number and infinite in form.
In eternal motion of falling through infinite space, the larger
that fall quicker strike the smaller ; this produces lateral
motions, and the whirlings which thus arise are the beginnings
of worlds. Innumerable worlds are forming side by side, and
others perish one after the other." These words are in our
modern times far more understood than they were in ancient
philosophy. Epikurus and Lucretius referred to them, though
Epikurus did not admit the infinity of atomic forms. The
lateral motion of Demokritos is of great importance. He
certainly assumed that heavier bodies fall quicker in empty
space than smaller ones. But he explained correctly the
beginning of rotation according to the known laws of me-
chanics. Aristotle attacked Demokritos's theory about the
accelerated fall of the larger atoms, and Epicurus, influenced
by him, asserted his theory of the deviation of atoms from a
centre, without being able to prove his hypothesis, or to
assign for it a plausible reason. Aristotle propounded further,
HISTORICAL DEVELOPMENT OF IDEALISM AND REALISM. 127
if there were such a thing as empty space (which he did not
admit), all bodies must fall with equal velocity, as the
differences in the swiftness of a fall were occasioned by the
vaiying densities of the mediums through which the bodies
fall — say, water or air. Aristotle more or less consciously
arrived at results since borne out by modern science. Epikurus
advanced the same theory, but he was terser in his statement.
Because no resistance of any sort is possible in a vacuum,
therefore all bodies must fall with equal velocity. This was
hypothetically in accordance with modern science, but only
hypothetical ly, as the ancients had no correct knowledge of
gravitation, or of the laws of velocity. Still Galileo, un-
doubtedly aided by the ancients, was capable of asserting his
law of the equal velocities of bodies, which could only be
proved efficaciously by means of the air-pump.
5. " The varieties of all things depend upon the varieties
of their atoms in number, size, form, and order of aggrega-
tion ; a qualitative distinction of the atoms does not exist.
The atoms have no ' inner conditions,' they only impress each
other through pressure and motion." This assertion reduces
all phenomena to touch, and the sensation produced by it.
Materialism or realism turns thus into dead formalism. This
was already observed by Aristotle. He raised the forms in a
transcendental way into causes of motion, and by this means
cut at the very root of the study of nature. Kant, in his
" Critic of Pure Reason," tried to throw light on a mystery,
which, in spite of all progress in natural sciences, is as incom-
prehensible as in the times of Demokritos. How and when do
these atoms come to subjective and objective consciousness ?
6. "The soul (consciousness) consists of fine, smooth,
and round atoms, like those of fire. These atoms are the
most mobile of all ; they interpenetrate the whole body, and
in their motions all phenomena of life arise." Like Diogenes
of Apollonia, Demokritos assumes the soul to be special
matter ; he considers it an entity differing in essence from
the atoms forming bodies. This is a theory which would not
suit many of our modern mechanical realists, who do not
128 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
admit of a spiritual element in creation. Demokritos made
this division and built upon it his ethics. The soul is with
him the essential is man. The body is only the vessel of the
soul. The soul is first to be taken care of. Bodily beauty
without intellect is animal. Demokritos, is said, to have
been the first to assert a special divine soul in the universe.
Aristotle laughed at this " soul " of Demokritos, and compared
it to the quicksilver with which Daedalus filled his moveable
wooden dolls ; but the assertions of Aristotle that the soul
works only through selection and thinking does not solve the
mystery of the absolute entity of the soul. Selecting and
thinking are mere faculties of a force which cannot be mere
thinking and selecting. The savage or the superstitious may
both equally talk about this superior faculty in man, but this
does not scientifically answer the question, what is the essence
of the " soul-entity "? can it and does it exist without matter ?
Demokritos did not speak of a force that created the world,
but only of a force that evolved itself in matter and became
a phenomenal entity through this evolution, manifesting itself
in law. The shortcoming of the realists and materialists is
that they stop suddenly when they trace in matter the possi-
bility of mind, or when they have proved that mind is the
mere effect of matter, which is its primitive and essential
cause. But with the effect, as mind, in reality all higher
problems of history and philosophy begin. He who ventures
with so-called a priori conclusions, originating in a faculty
of which matter is an indispensable cause, to settle out of his
own inner consciousness the phenomena of nature, whether
his name be Plato, Aristotle, Descartes, Butler, Hegel, or Sir
Wm. Hamilton, only destroys the basis of real knowledge,
which ought to have facts for its foundation. Kant would
have sided with Demokritos against Aristotle or any of the
modern antagonists of realism. Experience is the essential
basis of science ; an Empyrismus, however, that does not
become dogmatic, but only opposes the verbiage and arrogance
of those who transcend the boundaries of reason, — ignore its
limited faculties, boast of a knowledge of and insight into
HISTORICAL DEVELOPMENT OF IDEALISM AND REALISM. 129
the hidden working of forces, where real insight and know-
ledge cease, — who eternally confound the practical and the
theoretical, the material and the ideal, and wish to cut the
thread of inquiry wherever and whenever it suits their
particular interests. This arbitrary checking of the working
of man's dynamic (intellectual) force of inquiry and progress
is in our days not less at work than in the ancient classic
times. To make man good and happy is the aim of both
schools of philosophy. The question presents itself at once,
whether idealism or realism can better attain this aim.
Demokritos tried to solve the question in restoring to man a
cheerful quietism which he can only attain in becoming master
of all his passions. Moderation, purity of heart, and a
normal development of his intellectual capacities, are the
duties of every individual. Neither hope nor fear is required
to entice him to be good, for man has to make himself
acquainted with his constitution, and to act in accordance
with the requirements of his mechanical organization. This
is, of course, a moral which omits every impulse of our intel-
lectual nature ; but after all, from a practical point of view, it
is not very immoral, and preferable to an ethic inducing men
to be good by the promise of reward or the assurance of
punishment.
Sicily and Lower Italy lived for centuries on the crumbs
that fell from the intellectual feasts given at Athens, the
central point of philosophy in ancient times. Goethe was
right to have exclaimed, " America, thou art happier than
the whole world, thou hast no castles in ruins, and no basalt."
Freedom of thought not depending on obsolete traditions, a
great distance from old places of culture, and the influence of
ambitious priests, with their deeply rooted authority, have
always acted beneficially on the transition period from blind
faith to philosophical inquiry
The Pythagorean school, though but a disguised Egyptian
priesthood, acted most beneficially through the study of
mathematics in promoting a more correct appreciation of the
forces in nature.
K
130 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
Xenophanes from Asia Minor, who settled in Italy, where he
founded the Eleatic school, inquired into the Pythagorean
philosophy, which propounded that everything was contained
in the monad (the unity), and that everything was produced by
it. But who made the Monad ? he asked, and found this proposi-
tion too obscure, and argued thus: — "If any thing has been made
it has been made out of that which was, or out of that which
was not ; out of that which was not, it is impossible ; for out
of nothing, nothing can come. Out of that which was, it is
impossible still, for since it already was, it could not have been
made." He thus arrives at the impossibility of any timely
creation by means of a monad, and assumes one sole Being —
eternal, infinite, immutable — as the essence of all things. He
found fault with Homer and Hesiod for having endowed the
gods with human forms, voices, and manners. He objected
already to the anthropomorphic conception of the gods, and
acknowledged finite beings as simple modifications or forms of
an infinite being, showing thus a strong leaning to pantheism.
Xenophanes was an idealist, confining himself to an inquiry
into things in themselves from a spiritualistic point of view.
Heraklitos and Empedokles form a school of their own, and
were neither idealists nor realists, but tried to combine in a
spirit of eclecticism both elements. Heraklitos became, to a
certain degree, a sceptic through the inconsistency of his pre-
decessors, but wrapt his philosophy in a dangerous dogmatism.
He was the founder of Greek Puritanism, and looked down
upon this world as " a vale of tears," and received the title "the
weeping philosopher." He set forth "that the universal and
divine reason was the criterion of truth ; that which was
universally believed is certain, for it is borrowed from that
common reason which is universal and divine." Such phrases
are often heard in our times. The sun must then still move
and the earth stand still, for it was once the universal and
therefore divine belief of mankind. The Buddhistic religion,
according to Heraklitos would be the truest, for it is more
generally acknowledged than any other. He also propounded
" that common reason is but the picture of the order of the
HISTORICAL DEVELOPMENT OF IDEALISM AND REALISM. 131
universe : whenever we derive anything from it, we possess
truth; and if we interrogate only our own individual under-
standing, we fall into error'' I scarcely need draw your
attention to the fact that this assumption served theologians,
especially during the Middle Ages, as a means of extolling faith
and degrading reason or intellect. It served to maintain
universally accepted falsehoods as truths, because believed in
by the ignorant masses, and to condemn in man the use of his
faculty of inquiry as godless and diabolical. Heraklitos, how-
ever, atoned by his death for his idealism ; he fell a sacrifice
to his realistic researches in trying to explore the crater of
Etna, which proves that he must not have been quite sure of
his own philosophical principles, for if the general belief had
been true, no exploration of the crater on his part would have
been required ; the crater could not have been anything but the
infernal regions of Hephaestos, where the thunderbolts of Zeus
were forged by infernal spirits.
Empedokles of Agrigentum belonged to the same school.
With him matter and force were two separate entities. He was
probably the first in Greece to reduce matter to the four
primitive elements, air, fire, water, and earth, held together by
two fundamental forces, love and hatred, acting in nature as
attraction and repulsion : his love and hatred did not work
according to inherent laws, except the force of assimilation and
separation. Organisms were, according to him, the inci-
dental products of the fundamental forces. First, plants were
formed, then animals. Nature brought forth the different or-
gans singly ; eyes without faces, arms without bodies, &c. In
the progressive development combinations took place, forming
bodies at random of different shapes. Nature tries all possible
combinations till it is able to produce a creature capable of
propagating its genus.
These are undoubtedly the germs of the Schelling-Oken
and the Lamarck-Darwinian theory of descent. There is a
difference in the two systems ; with Empedokles heterogeneous
elements combine, while according to our modern philosophers
the combinations are products of differential successions of
132 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
simple and homogeneous forms for an inherent purpose. The
assertion of Empedokles was a mere hypothesis, while the
doctrine of Darwin, based on a quantity of facts, has become
a systematically proven theory. Both systems, however,
account for the mechanical productions of form through un-
limitedly repeated acts of generation and annihilation, and
the survival of those that have in their accidental and relative
construction the power of higher vitality. Whilst Demokri-
tos, the realist, ruled through simplicity and straightforward-
ness, Empedokles surrounded himself, through his tendency
to idealism and his superior knowledge of the working forces
of nature, with an aureole of miraculous and supernatural
powers.
Matter stands in the same relation to nature as conscious-
ness to sensation. If we assume that consciousness is a
possibility without sensation, we commit the same mistake as
if we were to assume that the universe could exist without
matter.
Let us glance at the entire works of metaphysicians, or the
propounders of different creeds, and we shall find that the
most abstruse descriptions are mere reflections of imaginary
or real sensations, because sensations serve in their relative
harmony or discord to produce consciousness. The realist
tries to deduce the various phenomena of nature from their
material elements, while the sensualist deduces the whole
of his consciousness from sensations. But sensations are
only possible through outward impressions. The realist will
attempt to become acquainted with the effects of outward
nature ; while the sensualist will deny the possibility of
arriving at any certainty, as we have only impressions of
which we become conscious : this consciousness is therefore
at the same time the essence or reality of all things, beyond
which we cannot go.
It is said that Demokritos once met a porter in his native
town, Abdera, who was heaping up pieces of wood with great
ingenuity. He entered into a conversation with him, admired
his cleverness in arguing, made him his pupil, and this porter
HISTORICAL DEVELOPMENT OF IDEALISM AND REALISM. 133
changed the position of philosophy in its relation to the
development of humanity. The porter was Protagoras, the
first teacher of philosophy for money, and the first sophist.
He was followed by Hippias, Gorgias, Prodikos, and others.
It became the fashion to listen to the teachings of these
masters.
Mr. Grote and Mr. Lewes in England, and Hegel in Germany,
tried to save the honour, and to vindicate the position of the
sophists in Greece. The sophists of this period of Greek
philosophy stood in the same relation to real science as our
metaphysicians now do. They advanced it to a certain degree,
they paid more attention to the inner man, the subjective of
their own natures, than to the objective phenomena of outer
nature. The sophists were the first antagonists of realism
and the founders of a subjective idealism which attained in
Sokrates, Plato, and Aristotle the highest climax. The
theory of Protagoras stands as a connecting link between the
two extreme parties into which philosophy was already
divided at this early stage of our historical development.
Some cared only for the single, the individual, the detailed,
the isolated facts ; others looked exclusively at the general.
Protagoras united with his sensualism a kind of relativism that
has been taken up in later years by Buchner and Moleschott in
Germany. "The statement that something is, requires the
verification of how and in what relation it is, else nothing is
stated, " says Protagoras. Buchner, in opposing the " thing
in itself," asserts that " all things only exist so far as they
have mutual relations, without which they mean nothing."
Moleschott goes farther, and propounds that, "without the
eye into which the tree sends its rays, the tree does not
exist." Realism had one great advantage, that it tried to tie
down the human intellect to observation and experience. It
early found the axioms.
(a) That man, as such, is the essence of all things, — the
living as far as they are, and the not living as far as they are
not.
(/3) That opposite assertions may be equally true.
134 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
So soon as we assume that our consciousness is but the
result of our sensation, things will assume a relative aspect,
and what is heat to one man may be cold to another
under the same temperature. This would be a negation of
the phenomenal world as such. But is this so ? Sokrates
already felt, that, besides mere impressions on our senses*
there must be the impressions themselves. The phenomena
must have an independent absolute reality, whatever the rela-
tive impressions producing consciousness in us might be. The
eternally same must be different from the eternally changing-
Sokrates sought to find the solution ; Plato was convinced that
he had found it.
The theory of relativism had a pernicious influence on the
development of ethics ; because if cold and heat were merely
relative sensations, good and evil might also be so. What
appeared to one virtue, might be vice to another. The same
action that was condemned by A, might be rewarded by B-
Where was a standard to come from ? Pleasure, according to
Aristippus of Kyrene, was to be the standard of morals j
according to Sokrates, virtue.
Aristippus led to the extremes of realism, and Sokrates to
the extremes of idealism. Practical realism produced an indo-
mitable craving for material acquisitions and enjoyments, and
was opposed very early by the theoretical realism of those
who wished to reduce every phenomenon to its first elements ;
and we may say without fear of contradiction that the realists
of old, with their earnest endeavours to know the essence of
things, have contributed far more to the happiness and the
scientific progressive development of humanity than the
dreamy idealists, who led to self-deception, spiritual conceit,
and a refined immorality, productive of more harm than the
realists ever had done. One great quality distinguished the
realists, they always tried to direct man to the study of Nature
and her phenomena, and therefore carried with them a certain
amount of experimental ballast, which prevented them from
flying into the regions of imagination, and losing their footing
altogether as rational beings. The idealists, on the other
HISTORICAL DEVELOPMENT OF IDEALISM AND REALISM. 135
hand, who often began with the loftiest d priori ideas
about God, the creation, the soul, virtue, duty, &c., led in the
course of time to the most realistic monstrosities through
their dogmatic hypotheses, so soon as their assertions were
thought more important than the intellect itself which had
created their arbitrary systems. It so happened that of the
two antagonistic parties, which brought body and mind,
reality and ideality, into opposition, the realists kept within
the boundaries of the possible, and thus did less mischief
than the idealists, who pretended to know all about the
unknowable, acting one-sidedly on man's mere emotional,
ignorant, sensual part. Mystic hope and fear are both, when
analyzed, but sensual excitements. To abstract man from mere
matter, and to devote him to a kind of imaginary realism,
was the doing of the idealists, who like the realists had their
models among the Greeks. Knowledge and progress were
never more efficaciously stopped for thousands of years than
through this grand ideal movement in humanity. And yet it
was but a natural development of our inborn forces. The
consideration of the mere static elements in humanity was to
give way to an exclusive consideration of what was dynamic
in us.
The conflict was Titanic, the more so, as it was the first
conscious outburst of man's ideal power.
Sokrates we have to thank for the phantoms of definitions,
supposing an imaginary congruity between words and things.
Plato followed with creating a deceptive method, trying to
support one hypothesis with another more general one, and
asserting that we may find in general and ideal abstractions
alone the greatest realities. And to Aristotle we must
ascribe the jugglery of possibilities and realizations, which
led to his imaginary system of categories, through which he
assumed to have exhausted all real knowledge.
Sokrates considered virtue an entity, but we are as ignorant
of the nature of this entity, even after having gone through
all the dialogues of Plato, as we should be of the " philoso-
pher's stone" after a careful study of the writings of the
136 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
alchemists. An ideal " something " was thus opposed to
the utilitarian doctrine of the realists, who assumed virtue to
consist in anything " useful to the state; " which led to Kant's
exhaustive and practical moral dictate, "Act so, that the
maxims of your actions may become the principles of general
laws."
Man is the essence of all things, as far as matter in his
organization, and mind as the effect of this organization, are
concerned. The individual man is in his transitory state the
essence of isolated, detached phenomena ; while humanity
in the aggregate is the essence of the sum-total of these
isolated phenomena. This would lead us on the path of
induction from particulars to generals, in opposition to the
Platonic assumptions that led humanity on the intricate by-
ways of idealism to deduction, starting with general, often
imaginary principles, and arriving at equally imaginary par-
ticulars. To build up the world from an inner consciousness
with a culpable neglect of reality, that is of matter, was the
result of the working of the triad of ancient Greek philosophy.
The importance of these teachings cannot be denied or ignored.
Unconsciously they brought higher aims and aspirations into
humanity.
Sokrates was a man full of physical and intellectual power.
He was stern, self-denying, and without wants. Courageous
in battle, enduring and patient in suffering, a good table com-
panion if required, otherwise abstemious and frugal. He be-
came master of his passions, not because he was free from emo-
tions and wild feelings, but because he practised the power of
his intellect, and trained his great mind to subdue his mighty
sensuality and violent temper. His thoughts and aims were
few, but he concentrated the whole of his burning idealism on
those few thoughts. He was earnest, and this earnestness
gave extraordinary force to his speech. His was an apostolic
and prophetic nature, and he tried to animate his hearers
with the same glowing love that pervaded his spirit. Pro-
gressive and revolutionary in his general views, Sokrates was
still in his sentiments and notions decidedly religious and not
HISTORICAL DEVELOPMENT OF IDEALISM AND REALISM. 137
scientific. The Ideological views of nature which he preached
with a glowing fanaticism, often hiding his strong convictions
behind a shield of irony, went to prove the existence and
working of the gods, trying to satisfy a want in the tendency
of all teleology to make the gods act and work like man.
(See the dialogue with Aristodemus, Xenophon Mem., i., 4 ; or
Lewes, vol. i., page 285, &c.) That such a man with such
principles should have been put to death will not astonish
any student of history. No pliable mind, no smooth free-
thinker, no cautious reformer was ever put to death, but the
believing reformers were burnt and crucified. Those who
felt the change in the intellectual development of humanity,
and could not bring their feelings into conventional forms, fell
as sacrifices to the periodical mental convulsions that threaten
to undermine the general state of existing things. This was
the case at the period of Sokrates. Priests and laymen
felt it was necessary to give the gods of Greece a more
spiritual and less anthropomorphic nature ; but when
Sokrates in spite of the approbation of the Delphic oracle,
which said that " he was the wisest of mortals," openly
proclaimed what every one dimly felt, priests and people were
horrified, and accused him of atheism, though they believed
less in the gods, in fact, were not even capable of understanding
the lofty notion which Sokrates had formed of the God whom
he was accused to have denied.
The great principle of Sokrates was self-knowledge, not in
a material, but exceptionally spiritual point of view. It is
most interesting to trace in the struggle of these times how
the material " monad," or atom of the realists, led to the
spiritual " monotheos " of Sokrates. But was the one more
intelligible than the other? Sokrates tried in the spirit of
modern times to free the gods of Greece of their coarser
nature, and to reduce them to the mere embodiments of the
forces of nature under one supreme deity. To secure this
deity from any taint of materialism, he opposed the study of
nature as leading to no result, since the works of God as such
were perfect and complete. The same opposition is still going
138 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
on in many quarters in our times against the physicists.
" After all, what do they know ? " They certainly may not
know what fire or oxygen is, but they at least try to know
the effects of fire, instead of scanning the still more mysterious
Creator of fire, of whom the idealists say the realists know
nothing. By what means can we recognise the greater Cause
without being able to make ourselves acquainted with the
essence of so small an element as fire ? What is God, if we
are unable to know what oxygen is, though we handle it,
separate it from other elements, trace its working and influence
in the air, on plants, animals, and man ? The great advantage
to be derived from the study of the history of the development
of certain phases in humanity is to see how at all times,
under all conditions, man tried principally to occupy himself
with " what will least fit into his brain," as Goethe says.
Of all the great masters of this branch of knowledge, Plato,
the1 divine Plato, was the greatest. He was too much of a
philosophical poet, and too little of a scientific philosopher,
and was seized with a kind of supernatural mania. He
worked out all the unintelligible passages of Sokrates, all his
mental errors, and turned them methodically into so-called
philosophical truths, that humanity has taken nearly two
thousand years to shake off. Sokrates opposed realism
because he was afraid to see humanity drifting into the merely
sensual and material ; but he did not altogether deny to man,
with his higher aspirations, the possibility of being virtuous.
With Plato philosophy was altogether removed from earth,
and made something supernatural, settled, finished, like the
inspiration of a prophet. Sokrates at least acknowledged some-
times that he did not know ; but Plato, like our modern
theologians, never knew when he did not know, and was never
more positive about his knowledge than when he knew least.
Plato was the first who in science placed faith above
knowledge ; and still it was Plato who with his mighty spirit
of idealism brought more than any other philosopher of
antiquity, even than Aristotle, the realistic schools of our
modern times into existence. Unconsciously some of our
HISTORICAL DEVELOPMENT OF IDEALISM AND REALISM. 139
greatest realists start like Plato with general assumptions,
which they try by degrees, step by step, to prove by hard
facts, turning thus ideal generalizations into systematically
proven theories. It was Plato who, not contented with mere
definitions and words, attempted to give us a clear notion of
genus and species, and to subordinate, to co-ordinate, and to
super-ordinate (or to superpose) our ideas. He created that
hierarchy of thoughts in which the most general and least
meaning was always placed highest. There can be no doubt
that it was Plato who taught us first, that in order to attain
knowledge abstract generalizations are as indispensable as
mere particular facts. The immortal mistake of Plato, and
also of Aristotle, was that they allowed themselves to be satis-
fied with mere words.
The " logos " became omnipotent ; the " logos " was the
origin of all things ; the " logos " turned out to be God him-
self, and man as the incarnation of the " logos " thought
himself nothing less than a god. The " eidos " or " idea "
was the element of which the word was the reality. The
"eidos" is not visible, for everything visible is part of the
mutable world of phenomena. The " eidos " has no need of
space or time, for the supernatural cannot be confined to
space and time. And yet can there be anything ideal without
some substratum of the real? Say the words pure, glorious,
perfect, eternal, and form to yourself a notion of them that
shall not affect the senses through matter in one essence or
another ! It is impossible, and Plato found himself suddenly
with all his lofty abstractions plunged in incomprehensible
mysticism — the "sensual-supersensual," or the "realistic
idealism," — an idealism that was often coarser in its effects
than the most realistic materialism. The " eidos " is existing
above man, he becomes conscious of it through his inborn
faculty, reason, which reason stands to the supernatural in the
same relation as the senses to the sensual. Senses and mind
were thus separated ; this separation in itself was a mere
assumption, and produced all those misunderstandings which
furnish the most important facts in the intellectual develop-
140 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
ment of man's history. Our body, or the material in us, has
no share in our knowledge or our spiritual life. Mind only is
capable of understanding the "supernatural." Aristotle
altogether separated " reason " from the organization of man
as a separate entity. Pure intellect has its own " noumena,"
which in opposition to the "phenomena" form the objects of
higher knowledge. But what were these "noumena?" mere
phantoms of the mind. What is our detached pure reason ?
a mere myth. Man without his complicated organization has
no " reason " at all, he can have no notions of a power which
can only grasp the general, the abstract, the supernatural, or
mere ideas without sensations and observations. In all the
Platonic teachings the most important element is always the
" unknown ; " and all the grandiloquent systems that took
their origin in the Platonic philosophy have served to retard
the progress of humanity instead of advancing it. For Plato
and Aristotle became for thousands of years scholastic incrus-
tations, checking every freer flow of knowledge. On the other
hand, Plato and Aristotle were necessary elements in the
development of humanity. The dynamic force in humanity
will never be contented with mere weights and measurements,
or with so-called practical results, having mere dry and tangible
facts for their basis. Our intellect will roam into the infinite,
grasp the impossible, soar on the wings of speculation above
mere matter, for we are justified in doing this. It is an inborn
faculty, and as much our nature as the use of our limbs or
the involuntary functions of our body. We must cultivate
this faculty as carefully as the mere study of the multiplication
table ; for the striving to find union in the variety of phe*
nomena, whether natural, spiritual, or historical, and the
tracing of definite laws in the ever-changing incidents of nature
and man's history, are the only means to vivify, to nourish
and refresh the intellectual capacities of man if once in activity.
They lead him to discoveries and furnish him with an ever-
increasing amount of knowledge.
As I intend to lay before you the further results of my
studies on the development of these vital elements in the
HISTORICAL DEVELOPMENT OF IDEALISM AND REALISM. 141
history of mankind, in treating of the subject as it presented
itself in Rome during the Middle Ages, and as it works in our
modern times, I can be brief with regard to Aristotle, as I
shall have an opportunity to refer to him more exhaustively
in discussing scholasticism during the Middle Ages. He
is said to have been the first physicist. !He undoubtedly
did something in that direction, but, like Sok rates and Plato>
he was too dogmatic to be of real positive and not merely
negative service to truth and progress. In conclusion, I want
to draw your attention to the great mischief that was done in
ancient and is done in modern times, more especially in the
study of history, by separating philosophical principles from
facts, and treating facts as isolated without due regard to
their connection on general principles. This produces the
same pernicious effect as the separation of natural science
from sound philosophy.
Our intellectual faculties are, to a certain degree, limited ;
who could be audacious enough to deny this ? but so are our
faculties to weigh, to measure, to experiment, and to investi-
gate.
The philosophic historian has the same right to his lofty
speculations as the physicist to his electric machines, the
geologist to his pieces of stone, the botanist to his shrubs and
blossoms, or the anatomist to his bones, sinews, and nerves.
What are they all without the connecting mental power of
the philosophic historian, who traces, not in isolated, but in
combined facts, the slow and gradual growth of man's capacity
to become a physicist. The partition wall that separated
thinkers from mere mechanics or technical workers must at
last fall. It can only be destroyed through a diligent study
of history. Through history we become convinced that the
theoretical thinker, the metaphysician, who grasps the ideal,
is as necessary as the practical experirnentist who pretends to
deal only with matter, and that idealism and realism are not
antagonistic, but completing elements in the progressive
development of humanity. The physicist must arrive in his
researches at certain points where he finds no answer to his
142 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
questions, where he deals, like Plato, with words. When we
use such expressions as matter, force, vital energy, molecules,
sentient, emotional, electricity, heat, motion, and mind, we
use as many metaphysical notions as if we were to say in an
algebraic or geometrical problem, a, b, c, or xy •y) z. When
the physicist is hard pressed and obliged to assert his power
of mind over matter, he becomes at once the most determined
metaphysician. The latest writings of one of our greatest
physicists, (Dubois Reymond), try to bridge over the chasm
between realism and idealism. Realists may talk of
matter and force or motion as the origin of all things, but
what is again the " fons mechanismi " that has produced
matter, and endows it with motion and force ? what is mind
itself, that under certain combinations becomes conscious of
its own self, and of matter, and of force, acting according to
certain inherent laws ? What is mind, showing itself in the
systems of science, in the creations of art, in the mighty
poetical revelations of the few chosen, if man be but a moving
and moved accumulation of molecules, and nothing else, — in
fact, a mechanical problem easily to be solved by a physicist ?
Without idealistic speculation all our knowledge would be
but a heap of unconnected rubbish.
The a priori element of speculation is as necessary as the
a posteriori result of research. The most important his-
torical fact in the development of idealism and realism is un-
doubtedly Darwin's theory. It is as influential as the
astronomical discovery of Copernicus, the laws of Kepler or
Newton's theory of gravitation. It has been attacked as gross
realism, and still the very basis of Darwin's theory of descent
is, as his greatest antagonist, Agassiz, has acknowledged, an
ideal theory, a thought engendered a priori. Yes, Darwin's
system is based on the purest efforts of our mental force, on
philosophic speculation. Those idealists who express their
horror at the tracing of law and casual connection in the phe-
nomena of nature may rightly be compared to a poor hen
that has hatched duck's eggs, and stands astonished at the
temerity of the tiny ducklings that take to the water. Had
HISTORICAL DEVELOPMENT OF IDEALISM AND REALISM. 143
they studied Kant, whom they misunderstood, or Schoppen-
hauer, of whom they know nothing, or Demokritos and
Lucretius, whom they ignore, or Oken and Lamarck, whom
they do not condescend to read, they would see in Darwin's
theory the outgrowth, or, according to his theory, the natural
development of his powers of intellectual selection.
We strive now in all the different branches of knowledge
consciously or even unconsciously, to follow Darwin's theory ;
not to isolate phenomena in nature, facts in history, words in
languages, art-forms in aesthetics, diseases in medicine ; for
the more numerous the phenomena in nature, the more com-
plicated the social conditions of man, the more puzzling the
different languages in their apparently accidental formation,
the more grotesque or beautiful the various forms in art, and
the more mysterious the ravages of diseases, the more we
require general principles in order to explain facts and phe-
nomena, without being obliged to resort to mere chance, or
any other unintelligible, arbitrary, and capricious first cause.
The safest guide through the labyrinth of ideal and real
phenomena is the study of history, and we shall see how
Plato led to Lucretius and the Neo-Platonists, these to the
realists and nominalists, these to Bacon, and Bacon to Newton,
down to our own times, in which realism and idealism, specu-
lation and experience, are trying to form the only possible
united basis of our future scientific and historical progress.
144
THE SIEGE OF QUEBEC.
BY SYDNEY ROBJOHNS, ESQ.,
FELLOW OF THE ROYAL HISTORICAL SOCIETY.
WE commonly speak of America as " the New World," and
deem its grand scenery a negative illustration of the truth
that human association is an essential quality in our enjoy-
ment of natural loveliness. And the fact that we discover
Longfellow at Bruges, Washington Irving "within bounds "
at the Charterhouse, Motley at Dresden, and Prescott at
Madrid, gives colour to this impression of prevailing novelty.
But for all that, the threads of history are woven rapidly on
that continent as elsewhere, and the tapestry record — the warp
and woof of life — is unfolded, with its enigmas and its
dramatic characters and situations, forthe student's unravelling
or enjoyment. There is in that New World an aristocracy
that is not parvenu, and territory that is not lacking in the
venerable qualities of a grand history. The discovery of the
St. Lawrence river by Jacques Cartier, the counterpart in
feature and in energy of our own Sir Francis Drake, his
sojourn at the Indian villages of Stadacona and Hochelaga,
the modern Quebec and Montreal, and his erection of a huge
cross instead of an ensign on the shores of Gasp6, in claiming
the future New France for Christ and the king, are as much
an old-time story as that of the Spanish Armada and the
game of bowls on Plymouth Hoe. From the Atlantic to the
Ohio, and from Virginia to the great lakes, the land is rich in
history and fruitful of romance. The exile from Grandpr£
and Port Royal, and the scattering of the Acadian families
over the States of Pennsylvania, New York, Maryland, and
Virginia, are full of heart-break to us who read the story even
now, whether we gather it from the page of history or from
the poetic setting of " Evangeline " ; and the associations of
THE SIEGE OF QUEBEC. 145
Forefathers Rock and the Puritan graveyard, " beautiful for
situation," at New Plymouth, together with the quaint laws
and customs which prevailed in that new England town, must
be of interest to English-speaking people the wide world over.
In grandeur of situation, in antiquity, and in romantic
association, the city of Quebec is almost without a rival on
the North American continent. It was, as noted above,
originally named Stadacona, an Indian word signifying the
wing of a bird. After the discovery of the continent by
Columbus in 1492, and by Amerigo Vespucci in 1507, there
was a disposition on the part of the French to enter the
country for the twofold purpose of settling it and evangelizing
the natives ; and among the pioneers in the work was Jacques
Cartier, a mariner of St. Malo, who received a commission
from the king, Francis I., and with two little ships and 120
men entered on a new and magnificent field of discovery.
He made three or four voyages, pushing his way as far as the
modern city of Montreal, and established stations for the
promotion of the " pelfry," that is, the fur trade. Intercourse
with the Indians was fostered and maintained to the period
of the founding of the city of Quebec in 1608, by Samuel de
Champlain, and the organization of a Trading Company, to
which was attached a small band of missionaries. That
Champlain's heart was as much in the religious as in the
commercial enterprise is apparent in a saying of his, namely,
— " La salut cTune seule time vaut mieux que la conqu&e d'un
empire" His expedition was accompanied by four Recollets
(Franciscan friars), and so early after the founding of the city
as 1615, a conference was held there to establish regular
worship and organize evangelical effort ; and one of the
Recollets, Joseph de Caron, was deputed to go into the interior
as a missionary. In connection with this interesting feature
the recent death is noteworthy of John Sunday, an Ojibway
chief, who for forty years was a Methodist missionary among
his own tribe, and was once presented to Queen Victoria,
the present sovereign of his people. The foundation of the
city was subsequent by only a few years to that of Jamestown,
146 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
an English settlement on the Potomac and St. Augustine, a
Jesuit settlement in Florida ; and was prior to the foundation
of Manhattan (New York) and Albany by the Dutch, and the
colonization of Massachusetts by the Puritans.
The word Quebec is erroneously supposed to have been
suggested by the cry of Norman mariners as they ap-
proached the promontory, " Quel bee ! " but it is more cor-
rectly traced to the word Kebbek, in the Algonquin tongue,
signifying a contraction of the waters by points of land.
The official position held by Champlain was that of a
governor rather than a factor ; but in the course of his long
Canadian career many changes were effected in his status,
and in 1620 he was confirmed Lieutenant-Governor, under
the honorary Viceroyalty of the Duke de Montmorency, the
godson of Henry IV., to whom the rank had been surrendered
by Prince Henry de Conde, and royal letters were issued to
Champlain by the King Louis XIII. In that year he returned
to his post on the St. Lawrence, accompanied by his amiable
wife, many of his relations, and some emigrants. The advent
of Madame Champlain was an epoch in the history of
Canada. She was the first lady to set foot in the colony.
The daughter of a Huguenot, M. Boull^, who was private
secretary to Henry IV., she was accomplished, of great ability
in adapting herself to circumstances, and though conformed
to the religious faith of her husband, which was almost as
extreme in its exclusiveness as that of the Duke of Guise's
" League," she was eminently pious and desirous for the true
spiritual well-being of the heathen by whom she was sur-
rounded. She learnt the language, and beginning at the right
end, undertook the instruction of the Indian children. The
poetic tendency of the superstition of the people, the fact that
a mirror was an article of a lady's " chatelaine/' and Madame
Champlain's loveliness of character gave currency to the conceit
that she carried the likeness of each one of them in her heart.
It was at this time that preparation was made for the erection
of religious houses, more settled quarters for the French
residents, and for a fort, which was thereafter named the Fort
THE SIEGE OF QUEBEC. 147
St Louis, the residence and official head-quarters of many
governors, and the name of which His Excellency the Earl
Dufiferin would fain revive in a vice-regal residence on the
brow of the American Gibraltar. About this time also two rival
companies, which had obtained patents for the prosecution of
the pelfry trade, were amalgamated under the title of " The
Company of Montmorency." The progress of the new settle-
ment was slow; and in 1624 when Champlain returned
to France, accompanied by his wife, there were but fifty souls
left in Quebec, and these were menaced by the Iroquois and
subjected to much privation. Madame Champlain remained
in France during the rest of her life, and on the death of her
husband in 1635 retired to an Ursuline convent she had
formed, and within that sanctuary died in 1654. In 1626
Champlain was again in Quebec, and two years later received
a summons from Sir David Kirkt, the English admiral, to
surrender the fortress. With this he refused to comply, but
finally, too weak to resist, he surrendered to the admiral's
brothers, Louis and Thomas Kirkt, and for three years the
English held the command of the St. Lawrence. Champlain
was sent to England and thence to France, but he had in his
wisdom made provision for those of his countrymen left in
Quebec. He obtained from the English commanders an
engagement to leave the mission-houses and the house of the
widow Hebert and her son-in-law, M. Couillard, undisturbed.
This woman was the relict of Louis Hebert, whose name is
notable in Canadian history from the accident of his being
the first emigrant to that colony. He died shortly before the
arrival of Sir David Kirkt, having established a prosperous
homestead, and left his widow and daughter, in the event of not
being disturbed in possession of the property, with a com-
parative competence. On the restoration of the colony to
France, Richelieu, the superb cardinal, instituted " The
Company of the One Hundred Associates," a company not
unlike that of the late East India Company, and one with
which lay practically the government of the vast region,
embraced by the fur trade. That trade was exceedingly-
148 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
valuable, realizing in one year, just immediately previous to
Champlain's return after the evacuation of Quebec by the
English, the vast sum of 8,000 pounds in money of that
period, and it was important that the jealousy with which the
English were regarded in relation to it should be impressed
on the natives in favour of the French. At a great gathering
of the Hurons, 500 of whom had come down in 1 50 birch-bark
canoes to dispose of their furs, Champlain did all in his power
to conciliate the Indians generally, and to induce their action
in ousting the English in the pelfry traffic. In after years the
tradition of French policy in conciliating the natives was a
source of difficulty up to the time when Pitt ventured to trust
to the neutrality of the Iroquois. The speech of a chief indi-
cates at once Champlain's influence over the Indians and his
moral rectitude. The chief said, " We entirely love you.
All you say is true."
On Christmas Day, 1635, Champlain, the great, the good and
the enterprising, died, and his body was laid under an edifice
designated " Champlain's Chapel." The site of the grave
was unknown up to 1860, two centuries and a quarter after
his decease, when a vault containing a coffin and human
bones was discovered in excavating for new waterworks, and
evidence strongly favoured the conclusion that that was
the place of sepulture of the distinguished founder of the city.
Shortly before Champlain's death, the Jesuits, to whom
Champlain was attached, and to whom he left his Canadian pos-
sessions, had displaced the gentle Franciscans, and in 1637 the
College of Quebec was founded by one of their order, Rem6
de Rohaut, a priest, and a son of the Marquis de Gamanche.
To the work the founder contributed the munificent sum of
36,000 livres. " The Jesuit Relations " are the record simply of
the work of the brotherhood of Jesus in the colony, but they
are also valuable sources of collateral historic information
on the subject of the early days of New France, and of the
hardship and peril endured by the first European settlers.
The second Governor of Quebec was Montmagny, whom
the Indians, in their symbolic language, named Ononthio, that
THE SIEGE OF QUEBEC. 149
is, " mountain ; " and the king, his master, was to them " the
great mountain," a physical idea of power suggesting to one's
mind the expression of "the everlasting hills." He was a
great and good man, and his administration was included in
what is designated "the heroic period of New France."
During his term of office an institution for the benefit of con-
verted Algonquins was founded at Sillery, so named from the
founder, a Knight of Malta, who had left the dissipation of
the world and assumed the cowl of a priest : the hospital, the
Hotel Dieu, was established by a French duchess, one Madame
d'Aiguillon, and an Ursuline school was opened for the instruc-
tion of French and Indian female children. The last was
founded by Madame de la Peltrie, who herself undertook the
then dangerous and arduous voyage of the Atlantic, taking
with her three nurses for the Hotel Dieu, and three Ursuline
sisters as teachers for the convent.
The Indians were continually a source of anxiety. A treaty
was proposed to Montmagny by the Iroquois that he should
give up to their mercy, that was, withdraw his protection from
the Hurons and the Algonquins. Montmagny's sense of
justice as well as his perception of what was politic prevented
his sanction of such a proposal, but it was not in the power
of the Europeans to preserve the distinct nationality of either.
Harassed by the Iroquois continually, they were scattered
over the northern continent and lost as distinct tribes. A few
Huron fugitives settled on the island of Orleans. In the
time of the Governor Tracy these were removed for greater
security to St. Foye, or Foix, and later formed the settlement
of " Old Lorette," and in 1700 that of "New Lorette," seven
miles from Quebec, where they yet remain. The writer of
this paper has in his possession photographs of some ladies of
a chief's family at Lorette, and the beauty and evident intel-
ligence of one or two of them indicate that they must have
come of a magnificent race, or that two centuries of civiliza-
tion has had the effect of developing the individual excellence
in inverse ratio to the decline of the nationality.
The successive governors during " the heroic period," that
150 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
between 1636 and 1663, were Montmagny, D'Aillebout,
De Lausons, D'Argenson, D'Avaugour, and De Mesy ; and
the characteristic feature of their administration was the
hostility of the Iroquois to the French occupation. During
the term of office of Baron D'Argenson an embarrassment
arose on the arrival of a distinguished Jesuit, M. de Laval,
who had been appointed apostolic vicar, with the episcopal
rank of Bishop of Petraea. The Governor was a blunt, well-
meaning old soldier, the ecclesiastic a refined, acute, and
polished scholar ; and the question between them was prima-
rily one of Church and State, De Laval claiming official
precedence. But there was another difficulty at issue, in which
the bishop was undoubtedly in the right, that of the traffic in
intoxicating liquor among the Indians — a difficulty fairly met
of late years in Canada by making the supply of liquor to
Indians, by any means whatever, a legal offence. The effect
of spirit on these primitive people is terribly maddening ;
and it was well that the Church made an early stand against
the traffic. At a period when the colony was on the brink of
ruin, a conference at Quebec with some of the Iroquois —
Onondagas and Cayugas — who came with a flag of truce,
some French prisoners, and a request for missionaries,
initiated a more peaceable and prosperous season. The
inhabitants held a meeting, and one, Simon le Moyne, a
respected name in Quebec to this day under the form of
Le Moine, " had the honour to be called upon to expose his
life." The peacemaker was a chief named Garakouthie,
and the pledge he gave was faithfully maintained. Other
tribes of " the Five Nations," the Mohawks and Oneidas, were
troublesome, not feeling themselves bound by the treaty of
the Onondagas and Cayugas ; but the arrival of regular troops
and emigrants from France, combined with poverty and the
ravages of small-pox among the Indians, afforded a long
respite to the little European community. The settled part
of the colony was divided into parishes, and a seminary was
instituted at Quebec for the training of youths for holy orders,
and to furnish cur6s for the parishes.
THE SIEGE OF QUEBEC 151
In 1 663, Louis XIV. — findingthe "One Hundred Associates"
unequal as a company to administer the government — con-
stituted in Canada, as Queen Victoria did within late years
in India, a royal government ; and from that time forward
for a hundred years the history is more of Canada and less
of Quebec. The new constitution consisted of a supreme
Council, including a Governor, Bishop, Royal Intendant,
Attorney-General, Chief Clerk, and Councillors. The Governor
was the representative of the king, and directed all military
and external affairs, while the Intendant was a domestic
official having charge of police, finance, and the administration
of justice. That year, 1663, was one of remarkable phenomena.
Earthquakes were frequent, and there was an almost total
eclipse of the sun ; but the most startling occurrences were
the appearance over Quebec of a globe of fire, which
illumined the place at night as with the light of day, and of
two mock suns with crowns of vaporous matter. To the
red men these were portents of evil ; and they might have
been so deemed by the Europeans could they have foreseen
the evil days which were to follow. Through the reigns of
Louis XIV. and Louis XV. the colony of New France in-
creasingly reflected the gaiety and luxury of the court at
Versailles, until, 100 years from the appearance of the signs
in the heavens over the city of Quebec, the French regime
came to an end under the Treaty of Paris in 1763.
A great event in the history of Imperial Britain was the
capture of the ancient fortress of Quebec. It marked an era
in British America, and was of momentous import to the
Gallic settler, the Anglo-Saxon colonist, and to the dusky
native from the Atlantic to the Ohio river.
Wandering over the rich pastures and among the fruitful
orchards which crown the hills commanding the Alleghany
river between Pittsburg and Oil City, a few years ago, I met
a young farmer on horseback. The trappings of the horse
seemed incongruous with the plain homespun attire of the
rider. The bridle was a cavalry one, and, though not as
bright and clean as that of a life-guardsman, it gave to the
152 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
horse's fine head the martial appearance which is much more
attractive than the simple ordinary equestrian head-gear.
The saddle also was a military one, and the rider's feet rested
in slipper stirrups like an Arab's, but with the leather well
over the front of the irons to protect the feet from entan-
glement in going through brushwood. The youth had
served in the recently preceding war, with the army of the
Potomac.
Descending the precipitous hill side to the river valley, there
was spread out before me a scene of exceeding loveliness. A
turn in the rough pathway commanded through an opening
in the trees — an opening like that of a gateway in a Devon-
shire lane — a broad reach of the placid river. Far off, over
the fields and the woodlands of the opposite shore, the sun
was descending in the cloudless glory so common in America
but so rare in the moister atmosphere of the sea-girt islands
of Britain ; and the clear, smooth and mirror-like water dupli-
cated the pale green, rosy yellow and the deep crimson of the
sky, but softened the beauty which it could not perfectly
reflect. Along the eastern shore the trees, gorgeous in their
autumnal tints, lent their bright hues to the river, save in the
darker recesses of the bank, where the shadows were purple,
grey, or deep sienna.
The scene, is a type of the we alth and beauty of the State
of Pennsylvania and its sister States of Virginia and Ohio— a
type of the paradise which God left them.
The horseman, plucking an apple as he rides along a lane
among the orchards, represents an historic fact — to wit, that
this tract of country, in virtue of its being the portal of the
great West, has been, from the earliest European occupation
of the Continent, a theatre of war ; and the city standing at
the confluence of the Alleghany and Monongahela rivers —
Pittsburg, the manufacturing metropolis of the United States
— is the memorial of the English statesman under whose ad-
ministration both the key of the east and the portal of the
west were won for Britain and the British.
The eighteenth century was pre-eminently a period "of
THE SIEGE OF QUEBEC. 153
wars and of rumours of wars." In Europe, India, and
America the English were contending with the French, and
with only indifferent success. When the century had reached
its sixth decade, however, a change for the better was
wrought by the instrumentality which the genius of Pitt
directed. There is no need to touch on the political exigency
which made " the Great Commoner " the virtual head of the
Government — though the Duke of Newcastle was so nomi-
nally.* Sufficient that he was the man of the hour ; or, as he
himself said to the Duke of Devonshire, "my lord, I am
sure that I can save this country, and that nobody else can ! "
The boast was that of a patriot conscious of power rather than
/that of a vain egotist. Lavish of money, but a niggard in patron-
/ age, Pitt removed every incapable officer in the army and the
navy, and in their places appointed men without regard to
seniority or to political bias, some of them of humble rank,
but who possessed ability, and were willing to apply it without
slavish attachment to precedent. His wisdom was quickly
vindicated at Goree, Guadaloupe, Ticonderoga, Niagara, and
at Fort Louisbourg.
The condition of the colony of New France under Louis
XV. expedited its transfer to Anglo-Saxon rule. The corrup-
tion, rapacity and luxury, of the official class was only equalled
by the servility and degradation of the habitants. From Cape
Breton, along the St. Lawrence and the great lakes to the
valley of the Ohio, New France was one marked contrast to
the prosperous colony of New England. On the one side
tillers of the soil forced from their labours to military service ;
the scanty produce of the country purchased by Government
contractors at a mere fractional price of its real value ; and
freedom crushed by an unsuitable application of the feudal
system. On the other hand, a militia drawn with due regard
to the requirements of the country ; commercial equity ob-
served between the Government and subjects ; and a people
withal who had been gently nurtured to a sense of independ-
* Dr. Miles and Mr. Me. Mullen, historians of Canada, both fall into the error
of implying that Pitt was the first Lord of the Treasury.
154 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
ence, and political and religious freedom — freedom which
they claimed to the fullest extent a few years afterwards.
The Governor of Canada, in 1759, the date of the siege,
was the Marquis de Vaudreuil, the son of a former and
a worthy governor, a man without the strength and cha-
racter necessary to cope with the corruption by which
he was surrounded ; indeed, reared under the pernicious
influence of the court at home, he was only too ready
to aid, at least tacitly, the brilliant profligacy which reflected
French royalty at the seat of Government in Montreal.
But the central figure in the Government, and the man who
most fully illustrated the evil in high places, was Francois
Bigot, the thirtieth and last intendant of New France. This
official, handsome, valorous, graceful in deportment, energetic,
a lover of display, a gamester and unscrupulous, formed about
him a court as vicious as if the beautiful Ninon herself had
bestowed upon him the favour of her presence. The star
which brightened Bigot's house at Quebec was Madame Pean,
the wife of a subordinate. This woman, who held the intend-
ant in bondage to herself, was young, vivacious, full of spirit,
ladylike in demeanour, gay and amusing in conversation, and
very beautiful. It was in her favour alone that employment
or preferment could be found ; and so capriciously did she
exercise her power that neither ignorance nor mean birth and
station were obstacles to her good-will. Servants, lackeys,
and men of low degree consequently rose in the service of the
State, and the famine-stricken people suffered still further
under the 'rapacity and arbitrary rule of these creatures. Play
was high at Government House in Montreal, but gambling
was reckless at the intendant's court at Quebec. Of course
Bigot trafficked in commercial monopolies — that was no more
a novelty then than it is obsolete now. With an income by
no means adequate to his high station nor commensurate with
the expenditure in which his extravagance involved him, he
rendered his name for ever execrable by his frauds, his
extortions, and his tyranny. Sitting by the side of the beau-
tiful Madame Pean, with from ten to forty gamblers at the
THE SIEGE OF QUEBEC. 155
same hazard table, he would set off a loss of two hundred
thousand francs by selling to his Government an English
prize ship, which had cost him 800,000, for a couple of mil-
lions.
The intendant's palace, the ruins of which remain to this
day, was an edifice remarkable for its great dimensions, its
magnificence, and its ornamental grounds. A distinguished
French writer, in speaking of it directs a sneer against Bigot in a
happy play of words. Louis XIV., on the advice of his In-
tendant De Meulles, squandered vast sums for the erection
of a^stately palace where " la justice fran9aise se rendait et
plus tard, sous Bigot, elle se vendait."
It was no wonder that under this administration, of which
Bigot was an illustration and ordinary representative, the
people, oppressed by a feudal land tenure, dishonest public
servants, and knavish trade monopolies, looked longingly
towards the prosperous homesteads of New England ; towards
those who were enjoying the success which had come from
intelligent self-government, industry, and a love of justice as
between man and man : no wonder either that national energy
was paralyzed by the disease which fed on the heart of the
country, as that disease was personified by the French officials
and their ignoble favourites.
Amid the darkness of the time, Montcalm, the French com-
mander-in-chief, shines as a man of nobility, courage, self-
sacrifice, and fidelity.
In military matters previously to Pitt's becoming Secretary
of State, the French had shown activity and foresight, the
English indecision and delay. New York State was in
jeopardy ; the English had been driven from the Ohio and
the great lakes ; the British frontiers were beset by scalp-
seeking savages in the employment of the French ; and the
trade of the West found its outlet by the St. Lawrence instead
of the Hudson. The recall of Lord Loudan, an incapable
officer, was due as much to the discretion of the minister as
to the indignant protest of the public ; and it would have been
well if his junior, Abercromby, had been recalled at the same
time. A favourable turn of affairs in 1758 was indicated by
the evacuation of Fort Duquesne, the present city of Pittsburg,
on the approach of Forbes, with whom was George Washing-
ton, and the flight of the French commandant down the river
to the friendly settlements of the Mississippi ; and by the
capture of Frontenac, the present city of Kingston, the most
important fortress and harbour after Halifax and Quebec, by
Bradstreet, an able and valorous officer of Abercromby's
brigade.
The new appointments included Colonel Amherst, who was
gazetted major-general and commander-in-chief of the
American army, and Whitmore, Lawrence, and Wolfe as
Brigadier-Generals. The last-named was but thirty-one years
of age, though he had seen eighteen years' service, but he fully
vindicated Pitt's confidence in his ability and bravery, and
justified his appointment to a high and responsible command.
With Admiral Boscawen he invested and stormed Fort Louis-
bourg,* compelled the surrender thereof by De Drucour,
and captured immense stores of provisions and ammunition,
and eleven stand of colours. These latter were ultimately laid
at the feet of the king at Kensington Palace, and then taken
with great ceremony to St. Paul's Cathedral, " amid the roar of
guns and kettledrums," wrote Lord Macaulay, " and the shouts
of an immense multitude." The capture of Louisbourg closed
Canada on the Atlantic seaboard ; the occupation of Fort
Duquesne gained the friendship of the West Country Indians,
and interrupted the communication between Canada and
Louisiana ; and these two, combined with Bradstreet's victory
at Frontenac, won for that British that territory the possession
of which had been the original occasion of the war. The year
1759 was to see ^e crowning victory of all in the conquest of
* Of the Duke of Newcastle's ignorance many anecdotes remain. " Oh,
yes, yes, to be sure, Annapolis must be defended — troops must be
sent to Annapolis. Pray where is Annapolis ? " " Cape Breton an
island! wonderful! show it me in the map. So it is, sure enough.
My dear sir, you always bring us good news . I must go and tell the king
that Cape Breton is an island."— Macaulay' s Essays.
THE SIEGE OF QUEBEC. 157
the fortress of Quebec, and the consequent capture of
Montreal and the subjugation of the entire province of Canada.
The new year was dark and gloomy to the French. Neglected
tillage and the sustenance of large armies had tried the
country sorely, and gaunt and hollow-eyed famine stalked
through the land. Horseflesh was eaten by the troops at
Montreal and Quebec.
The unfavourable turn in the affairs of New France had
come ; and a Council of War was convened at Montreal. Mont-
calm was appointed to the command at Quebec ; Bourle-
maque was to go to Ticonderoga to prevent the advance of
the British under Amherst by way of Lake Champlain ; and
De la Corne was sent westward to prevent a descent from
Frontenac, Oswego, or elsewhere by the St. Lawrence river.
On a night in June of that year there flared from Father
Point — where now is an electric telegraph station which
heralds the royal mail steamers — the beacon fire which,
repeated from point to point and shore to shore of the great
estuary, signalled to Quebec that the English fleet was in the
offing. And if that telegraph could have been more explicit
it might have added that on board the flag-ship was a youth
terribly in earnest, one who was at once soldier and saint ;
and America has afforded not a few instances of men who,
adding to the qualities of obedience and aggression that of
integrity towards God, have proved that, while bloodshed
might be incidental to their progress, victory was certain.
The approach to Quebec, a port 700 miles from the sea,
the ancient Indian village of Stadacona is perhaps one of the
finest scenes in the world.
As the ship moves up the broad waters, the promontory on
which the city stands is seen rising boldly against the horizon.
On the crest are the citadel and upper town ; below is the
lower town. The streets of the latter are narrow, some of
them so much so that Monsieur Lemoine compares them to
Alpine passes ; and many follow the line of the original
Indian trails which wound to the upper town. The gabled
roofs and spires are high-pitched, and these, covered with
158 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
tinned iron, glisten in the sunlight like burnished silver, or
like " the eye of polished brass." Over the port bow on the
south is the St. Lawrence river and Point Levi, the latter a
depot of the Grand Trunk Railway and the disembarkation
stage of ocean steamers ; on the starboard, to the north of the
city, is the river St. Charles ; and to the north of that again
the pine-clad mainland, dotted by the white houses of the
villages of Charlesbourg and Beauport, extending to the
Montmorency river and the far-off highlands of the Saguenay.
Opposite the mouth of the Montmorency is the island of
Orleans, and from the deck, as the vessel passes through the
North Channel, may be seen the magnificent falls of the
Montmorency, where the immense volume of waters make a
leap of 300 feet.
In June, 1759, as we have said, came to this grand theatre
of war the fleet of his Britannic Majesty — fifty ships of the
line, under Admirals Saunders, Holmes, and Durell. These
were the transports of upwards of 9,000 soldiers and marines,
commanded by Wolfe and his junior officers, Monckton,
Townshend, and Murray. For eleven weary weeks they
lingered here, finally accomplishing their mission in a fight
which lasted only fifteen minutes.
Under date of June 27th, one chronicler writes laconi-
cally,—
« 27th. — Weighed with a fair wind, came to anchor opposite the
Isle of Orleans, about three leagues from Quebec. The whole army
landed. A violent gale of wind and rain, which did great damage to
many of the transports ; they lost above ninety anchors and cables.
A ranger killed and scalped, and a stake drove through his body.
The whole army encampt"
Wolfe's head-quarters and the base of operations were fixed
at the Island of Orleans, with Monckton's brigade on the
south shore of the St. Lawrence at Point Levis, from which the
French were first driven, and where batteries and redoubts
were erected ; and with Townshend's on the north shore, east
of the Montmorency river.
THE SIEGE OF QUEBEC. 159
Quebec itself was deemed impregnable. The promontory,
with its crest then bristling with cannon, terminates abruptly
and precipitously ; and thence the high ground extends for
some miles westward above the valleys of the two rivers, away
toward Sillery and Cape Rouge, the banks on either side
being steep declivities. Immediately behind the city westward
are the Plains of Abraham.
The point of defence, therefore, appeared not to be the city,
but the strip of northern mainland from the St. Charles to the
Montmorency ; and it was there that the French force was
concentrated. The Governor, the Intendant, and Montcalm,
the commander-in-chief, had their head-quarters at Beauport.
Between the last and the others, his confreres, there was but
little kindly sympathy.
Bougainville, one of the French generals, took up his
quarters with 3,000 men at Cape Rouge to prevent an im-
probable attack in the rear of Quebec by a force landing
under the almost unscalable declivities of the St. Lawrence
shore ; and so improbable did he deem the contingency that
he ultimately permitted that which he was sent there to
frustrate.
Access to the channel of the St. Charles was rendered impos-
sible by the formation of a boom across the inlet, guarded by
cannon-mounted hulks. Above the boom was a bridge of boats
for communication between the city and the French head-
quarters.
As soon as the bombardment commenced from the men-of-
war and the batteries at Point Levis the condition of the city
became pitiable. The lower town, occupying the alluvial flats
at the base of the promontory, and which then, as now, was
crowded with houses, commercial, municipal, ecclesiastical, and
domestic, suffered first ; and falling ruins and devastating fires
were of hourly occurrence. Panet, in his jqurnal of the siege,
says that the lower town was nothing but a heap of smoking
ruins, and by the 8th of August it was a brasier — a fierce
conflagration. This date was fatal to the well-being of
Quebec. Such of the people as could do so, especially women
160 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
and children, moved off to the more merciful woods, to live in
huts and caves as best they might ; taking with them their
cattle, and subsisting chiefly on flesh and milk, but without
bread. And all the time, there across the water at Beauport
the cards shuffled and the dice rattled, a kingdom for a
stake.
The moving of the English squadron in those comparatively
unknown waters and among the shallows to meet the exigencies
of the siege, was a work of great difficulty; and many "jolly
tars/' afterwards famous in history, there showed the mettle
they were of. Such were young Jervis, the future Lord St.
Vincent ; Robinson, the subsequent Edinburgh professor and
the coadjutor of Watt the engineer ; Palliser, afterwards
Admiral Sir Hugh Palliser ; and last, but not least, James Cook,
the great circumnavigator. There is a simple record of a boat
going to sound between the island and the mainland with a
lieutenant on 'board, who sounded the narrow pass between
the island and the enemy's encampment, and was cut off
by forty or fifty Indians in birch-bark canoes, who carried off
one sailor who was wounded. The lieutenant and the rest
escaped. This lieutenant was James Cook, and he saved his
life by just a boat's length, for as he went out of the bows to
the friendly shelter of the English pickets, the Indians
scrambled in at the stern. He was reserved for a great and
useful career, and his tawny pursuers had to content themselves
with a man-of-war's boat instead of a mariner's scalp. He it
was too who placed buoys along the shallows to which refer-
ence is made hereafter.
The first attempted battle was " the fight of Beauport
flats." Like his great rival, Wolfe deemed that the scene of
the struggle for the capture of the city and the acquisition of
Canada for the King of England would be on the northern
shore where the French were encamped. The advantage of
the French position was in its almost impregnability. It was
fortified by batteries, entrenchments, and the rest : in the rear
it was open to the country for the supply of the Commissariat :
it was edged by shallows which prevented the approach of
THE SIEGE OF QUEBEC. 161
ships of heavy tonnage ; and the facilities for the disembarka-
tion of troops from boats were few.
However, Wolfe judged there was no alternative, and
decided to draw the enemy into aggressive as well as defensive
action if possible. Near the mouth of the Montmorency river,
the boundary between the French army and Townshend's
Brigade, the water was shallow, and fordable at low tide.
Cannon were placed on the English side, low down by the
shore, and on an eminence which commanded the outlet. The
first object of attack on the French side was a rival battery.
On the last day of July, when the sun was near the zenith,
the Centurion, a fine man-of-war of sixty guns, moved slowly
from her division, anchored over against the Beauport flats,
and began the cannonade of the French encampment, adding
the report of her fire to the boom of the guns which came over
the water from Point Levis. Two small vessels, also armed,
ran into the shallows, and as the tide receded became stranded.
Then a thousand boats and barges plied as fast as strong arms
could row ; and, amid the din and smoke and roar of the
bombardment, dropped the troops in the shallows to wade
to shore in battalions over the rough and rocky beach. The
Grenadiers and the 6oth Royal Americans were the first to
land, and they should have formed in columns, and have
waited for the main body, then preparing to cross the ford, to
follow and support them ; but the blood of the veterans and
the young bush fighters was up, and the French having vacated
their battery and retired behind the entrenchments, these
foremost men, not even waiting to form, rushed madly and in
confusion forward to within range of the enemy. With what
result can easily be imagined. Men and officers fell before
the scathing fire ; while some, scrambling over the dead and
dying, beat a retreat to the landing-place, where Monckton's
division was drawn up in admirable order, waiting the word
of command to march. Wolfe ordered the impetuous and
unruly remnant of the attack to retire to the rear and form in
columns, as they should have done at first ; but the mischief
was complete, and the design of an open battle had to be
M
162 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
abandoned. The gathering darkness, the rising tide, the surge
angrily beating on the rocky shore, the breaking storm-clouds,
all warned the troops away. And so the lumbering Centurion
returned to her division, the stranded vessels were blown up,
and the troops retired to the darkness of their camps and to
the gloom of conscious failure. An historian who was
present before Quebec gives a corresponding account of the
engagement.
" July $isf. — About twelve o'clock the Centurion, a 6o-gun ship»
came down at high water with two transports, which last were laid
ashore opposite the enemies' batteries. A cannonading began from our
encampment at Montmorency on the enemies' lines, and from the
shipping on their batteries ; the Grenadiers of the army, with two
battalions of Monckton's brigade, and a detachment of 200 men of
the znd battalion of Royal Americans, were ranged in boats ready to
push ashore at low water. The five regiments here were under
arms. The enemies' fire from their batteries on the beach did con-
siderable damage to the boats ; they wounded several officers, and
killed and wounded a good many men. About five o'clock the
Grenadiers landed, and the troops followed ; we marched across
the Falls, viz., Townshend's brigade, Otway's, Anstruther's regiments
with the Light Infantry, who first had reconnoitred the ford and
found no enemy there. On our march a heavy clap of thunder
brought on a violent shower of rain with a high wind directly in our
faces, which retarded the part of the army from this place for about
a quarter of an hour ; when all cleared up, it appeared the Grenadiers
marched before the rain and took possession of a battery and a re-
doubt on the beach ; but the heavy fire from the entrenchments on
the top of the hill obliged them to retire. The rain had made it
impossible to mount the hill, or rather precipice, in the face of their
lines, on which the General ordered a retreat. The enemy cannonaded
us in our retreat, but with little damage. The two armed transports
were set on fire. We lost in the whole action about thirty officers,
one only of whom killed on the spot, and 400 men killed and
wounded. The impetuosity of the Grenadiers and their not waiting
for orders, it seems, in the opinion of the General, occasioned our
repulse."
There was much in the misadventure of " the fight of Beau-
THE SIEGE OF QUEBEC. 163
port flats " to damp the ardour of the most sanguine nature :
and to that was now added the illness of the man in whom the
confidence of the army was centred, that of General Wolfe.
There in his tent on the Island of Orleans he lay battling with
fever ; and though may be anxious thoughts of the old home
and the dear ones there, and a presentiment of that purer
home to which he would attain, albeit by a blood-stained field,
would obtrude themselves, his active brain was planning a
change of the order of attack. While yet too feeble to join
their debate, he assembled his officers to consider the situation,
and to advise with them on the future course of action. With-
out faltering — to their honour be it spoken — he and they
faced the seemingly impossible, and with what crowning result
we shall discover.
As we have said, Bougainville was quartered at Cape Rouge :
and at Sillery he had planted a four-gun battery in anticipa-
tion of that remote contingency which had framed itself as an
immediate probability in the minds of the officers in conference
on the Island of Orleans. Immediately after the conference
a great activity marked the operations of the English. Under
cover of the darkness of night, Admiral Holmes with General
Murray and 1,200 men moved up the St. Lawrence, menacing
the ammunition and provision stores at Point aux Trembles.
While here they were met by the cheering news derived from
some prisoners whom they took, with a great number of cattle,
that Niagara had fallen, and that Amherst, having captured
Crown Point, had moved down on Bourlemagne at Isle aux
Noix, and might be expected to effect a junction with the
army before Quebec. This last was accompanied by the in-
formation that two of Amherst's officers and four Indians had
been intercepted, and were prisoners on board a frigate up the
river. The news flew from ship to ship and tent to tent ; and
the continuous cannonade from Point Levis sounded, in the
ears of the now hopeful soldiery, like a minute gun over the
fall of the ancient fortress before them.
On a day of that eventful year there carne to England two
despatches, under date of September 2 and September 20,
164 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
from Wolfe and Townshend respectively, the one speaking
of what might be, the other of what had been ; the latter
conveying to an anxious public the at once sad and joyful
intelligence that he who had planned wisely had accomplished
successfully, but in accomplishing had died. A day of
glorious memory ! of sadness for the loss of the great and
good James Wolfe — of triumph over the acquisition of the
future Dominion of Canada.
On the night of September I2th Montcalm was at Beauport.
Shots were heard far up the St. Lawrence, beyond Quebec,
away towards Sillery ; but these troubled not the gallant
Frenchman, for an expected convoy of provisions from Cape
Rouge would account for them : but that which did trouble
the watches of that night was something gentler than cannon
or musket shot — the gurgling of water against the gunwales
of boats, the grating in the rowlocks, and the ceaseless splashing
of oars. And anon there loomed in the dim light the mag-
nified forms of frigates and sloops of war taking up their line
beyond the shallows, as if to cover the disembarkation of troops
as soon as the sun gilded the horizon ; and all through that
night boats and barges innumerable, freighted with sailors and
marines, stole from Point Levis and from the Island of Orleans
to the shallows by Beauport. All predicted a bloody day,
but not there, Montcalm ! not a second disaster at the same
unlucky spot !
As the sun trellised with gold the pines beyond the
Saguenay, and tipped with dazzling brightness the curved
crest of the Montmorency Falls, a horseman might have been
seen at full gallop along the road from Beauport to Quebec,
the rider flushed and excited, the horse covered with foam,
bleeding from spur wounds, and his mettle tested to the
utmost, for on endurance of rider and of steed peradventure
hung the issue of a battle and the government of a king.
On they flew, the horse warming to his work, and answering
his master's knee rather than the bit, over the bridge of boats,
through the city, out into the country, along the St. Foix road,
still at a breakneck pace, with despatches to Cape Rouge.
THE SIEGE OF QUEBEC. 165
And along that same Beauport road from the French
trenches there followed other riders, striving as it would seem
to overtake and outride that former one ; but these were gayer
in their attire, accoutrements, and trappings, and the serious
cast of their faces bespoke a heavier responsibility than that
of aides-de-camp or orderlies. The first of the group was
Montcalm, and with him was his staff. They, too, passed
over the bridge of boats through the city, and as they reached
the plains the sun rose higher to mark a blood-red day in the
annals of British America.
The English general's ruse to gain time had succeeded,
and the deception of his worthy rival — and he, too, as
watchful as the son of Arestor, " the all-seeing " — was com-
plete ; and as the boats, filled with sailors and marines,
thronged the Beauport shallows in the early morning, waiting
apparently for break of day and the receding tide to
again attempt the French entrenchments, men-of-war were
taking up their positions near Sillery, and barges filled with
soldiers were crowding the St. Lawrence to the point on
which Wolfe had determined for a landing-place, a cove to
which he bequeathed his name. In the deep darkness imme-
diately preceding the dawn, Wolfe, Monckton, and Murray,
with about 1,600 men, landed and scrambled as best they
could, and as quickly as the dislodged loose earth and stones
would permit, up the steep declivity. The hill was almost
perpendicular, and the attempt was therefore unsuspected by
the French, who had there posted a captain's guard only.
When the alarm was given, the enemy fired from the hill and
bushes on the boats, doing some damage. Bougainville and
his 3,000 men were probably lost in slumber, dreaming least
of all of that silent body of men marching up to his four-gun
battery at Sillery. This was captured and occupied by a
small detachment ; a six-pounder was dragged by sheer
strength and with difficulty from the place of disembarkation ;
some of the aforetime impetuous 6oth Royal Americans were
left in charge of the cove ; and by about eight o'clock on the
morning of September the I3th nearly 5,000 British troops
166 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
occupied a safe position on the high ground, and formed in
ranks ready for the word of command. " Then," as one of the
chroniclers simply says, " we faced to the right, and marched
by files towards the town till we came to the plains of
Abraham."
Eastward of the plains lay the city of Quebec and the
French army — a mixed crowd, but over 7,000 strong ; to the
north, the St. Charles' river and a fringe of bush ; to the
south, the St. Lawrence, with its steep declivities ; and to the
west, the British army drawn up in line — Murray in the centre,
and Townshend and Monckton to his left and right respec-
tively. The line of Montcalm's troops formed an obtuse angle,
with their rear towards the city and the St. Charles. The
bush on the north covered Indian and Canadian sharp-
shooters ; and to protect his left flank from these Townshend
wheeled three battalions to face the north, and occupied a few
houses standing there, which afforded good cover. Across
the field of battle were two main thoroughfares — the St. Foix
and the St. Louis roads.
The battle began with a slight repulse to the English. The
light infantry deploying across the plains were met by French
skirmishers and Indians, advancing among bushes and little
hillocks, and driven back on their supports, causing temporary
confusion in the front line. The preliminary desultory fire
and skirmishing proceeding between the two armies to the
advantage of the French, Montcalm drew troops from his
right and centre to strengthen the left wing, that overlooking
the St. Lawrence, for it was on his left wing, and by attacking
the British right, that he depended for success. Amid the
smoke which now beclouded the field, and the excitement
consequent on the first repulse, Wolfe walked along the
disorderly front line, his wrist bandaged with a handkerchief
to stanch a bleeding wound, uttering words of encourage-
ment, assurance, and command. The effect of the presence
and words of their idol was electrical, and the red-coats fell
into the ranks and shouldered their muskets as if on parade
or at a birthday review, and as if the smoke were from blank
THE SIEGE OF QUEBEC. 167
cartridges. There they stood, while onward came the French
steadily and quickly, and firing as they came. It was a ter-
rible moment, and a severe test of courage, discipline, endur-
ance and pluck ; but not a musket was raised, not a man
moved to the " present," until the enemy, still pressing their
serried ranks forward, came within forty paces ; when, as the
word of command ran along the line, the sure, certain, and
deadly fire broke. Then the previously immobile and com-
pact British columns moved forward, Wolfe at the head of
the Grenadiers and the 28th regiment, the same corps whose
grim veterans and laughing youths, as they appeared at
Quatre Bras, has been immortalized by Miss Thompson in
her last Royal Academy picture. The French left wing, the
strength of the army, faltered, broke, and then fled towards
the city. Montcalm behaved splendidly in seeking to rally
the retreating host, but without avail. Onward came those
terrible columns, with their general still in the front, but
faltering now, for he carried a bullet which had inflicted a
mortal wound. The French centre wing stood, but only to
cover the retreat of either wing, and so secure the retreat of
the whole army. The right wing rushed to the St. Charles'
river, and to the St. John's Gate leading to the city ; and at
this latter there was a conflict for the passage between these
and fugitives from the left. The centre held together as long
as might be, but nearer and nearer came that scarlet line —
Grenadiers, the 28th, and the rest, — but not that one
whose genius and whose prowess had effected the victory.
Struck by a third ball, and this time in the breast, his face
towards Quebec, he fell ; and strong arms, as gentle as
woman's, lifted the hero and carried him to the spot where
now a monument rises to his glorious memory — a column as
radiant in its record of patriotism as ever graced an English-
won battle-field. The fight was yet at its hottest as they
bore him thence, and the ominous words of flight reached
his ear. As they laid him down they told him it was the
French who fled. " What, already ? " said he ; " now God be
praised, I shall die in peace;" and he died as only a hero can.
168 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
Almost his last words, like those of the noble General Brock,
who fell in like manner half a century afterwards on the
bloody heights of Queenston, within sound of Niagara's falls,
— almost his last words were a command, namely, for Colonel
Burton to cut off the retreat at the bridge of boats. Mont-
calm, too, was wounded, but held bravely on, as if, in his
own despairing phrase, he would fain be buried amid the
ruins of the colony he had defended so well ;• and by the force
of his example and the firmness of his deportment he sought*
too vainly, to arrest the retreat so ignominiously begun. The
advance of the British, however, now at a quicker pace and
with redoubled fire, could not be checked ; and as the " red-
coats " prepared for the charge with sword and bayonet, a
panic seized the enemy ; the attempt at a second formation
of the broken centre wing, failed ; a brief stand at St. John's
Gate, and then the whole army beat a precipitate retreat to
the St. Charles and to the city. The British captured one
field piece, and with this and the six-pounder they had
brought with them they hailed grapeshot on the disorderly
and running crowd.
As the French retreated, Bougainville, with his 3,000 men,
advanced from the west — advanced only to again retire to
beyond Cape Rouge. And as the day closed Townshend
gathered the troops together on the plains, and gave them
the first intimation that their general was dead.
Montcalm died the following morning at the General Hos-
pital, which building was taken possession of by Townshend
just at the hour of the decease, and the respect paid to the
remains- of a gallant foe was characteristic of the soldiers,
whose earliest employment after the victory of the plains was
to minister to the necessities of the starving people of the city.
Moncktonwas severely wounded, and the command devolved
on Townshend and Murray ; and these hastened to secure the
victory gained, and to prepare for the next step. This was
an easier one than they had anticipated. There has since
been much talk of what the French Governor, Bougainville,
and the rest, might have done in re-organizing the army and
THE SIEGE OF QUEBEC. 169
saving Canada ; but this remains, that M. de Ramezay, the
officer in charge at Beauport, deemed the situation hopeless.
On the i /th of the month, therefore, an officer presented
himself at the English head-quarters, bearing a flag of truce ;
and on the i8th the Articles of Capitulation were signed by
Admiral Saunders, Townshend, and Ramezay.
The day after the battle the following address was issued
by General Townshend to the army : —
" Camp before Quebeck, Friday, \^th Sept. — The Genl. officers
remaining fit to act take ye earliest opportunity to express ye praise
which is due to the conduct and bravery of ye troops ; and ye victory
which attended it sufficiently proves ye superiority which this army
has over any number of such troops as they engag'd yesterday.
They wish the person who lately command'd them had survived so
glorious a day, and had this day been able to give the troops their
just encomium. The fatigues which the troops will be oblig'd to
undergo to reap the advantage of this victory will be supported with
a true spirit, as this seems to be the period which will determine in
all probability our American labours.
" The troops are to receive a gill of rum per day, and will receive
fresh provisions the day after to-morrow.
" The regts. and corps to give in returns of ye killed and wounded
yesterday and ye strength of their corps. The pioneers of the
different regts. to bury ye dead ; the corps are to send all their tools
not immed'y in use to the Artillery park. All French papers or
letters found are desir'd to be sent to headquarters. No soldier to
presume to strole beyond the outposts. Arms that cannot be drawn
are to be fired into the swamp near headquarters. The Admiral
has promised ye continuance of all ye assistance which ye Naval
service can spare to ease ye troops of ye fatigues which ye further
operations will require of us. Genl. Townshend has ye satisfaction
to acquaint the troops yt Genl. Monckton's wound is not dan-
gerous."
The closing scene in this stirring drama was occupied by
two men-of-war. The one, a frigate, we see drifting before
a storm along the coast of New Brunswick, and under stress
of weather finding shelter in the hitherto unknown river, the
Miramichi, an Indian name which, being interpreted, means
170 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
" The Happy Retreat," — a type of rest after life's fitful dream.
On board that frigate lay all that was mortal of James Wolfe.
The other royal ship slowly and, as it were, sadly passed
down the great river amid drifting ice, and vanished in the
dim distance towards Anticosti. On board of her was a
king's messenger with despatches to Versailles, to announce
that the last die was cast — the last trick turned, that political
corruption and court favouritism had wrought their inevitable
results, and that the French regime was for ever ended on the
shores of the St. Lawrence, those shores which had been so
proudly won by the great Jacques Cartier long years before,
and held by him in the name of Christ for his Catholic
Majesty the King of France.
At either end of the north transept of Westminster Abbey
are reared two lofty monuments — fit tributes to the memory
of General Wolfe, and Pitt, Earl of Chatham. But at either
extremity of an aforetime British colony stand nobler records
of noble deeds — Quebec, the key of the East ; Pittsburg, the
portal of the West. The conquest of New France was fol-
lowed by results in the history of civilization with which no
chimerical dream of prophet or of statesman can compare.
Renewed interest in the soil, a sense of security in property,
the rapid development of the country's vast resources, and
conditions which made labour sweet, all tended to the creation
of that Greater Britain of to-day — a creation which, stretching
from the Atlantic to the Pacific, and from Georgian Bay
to the Gulf of Mexico, far exceeds the wildest prevision
of the great French discoverer, as he wintered there hard by
the Indian village of Stadacona, under the cold, bright blue
sky of day, and the rosy aurora radiance of night If to the
hardihood of the discoverer and the prowess of a soldier be
added the gift of the seer, that giant hill, —
" The landmark to the double tide
That purpling rolls on either side,
As if their waters chafed to meet,
Yet pause and crouch beneath her feet."
THE SIEGE OF QUEBEC. 171
that hill must have been to him, as it must have been to the
later soldier who died there, less a fortress than a symbol : a
type of the future invincible, the all-absorbing and bound-
lessly wealthy empire ; the empire of an English-speaking
people, whose king — whatever their local form of government —
should be the creation of the voice of the people, and whose
people's voice should be, in its truth and majesty, the voice
of God.
The following lines on the death of General Wolfe appeared
in 1760, and are noteworthy less as a meritorious tribute to a
great man's memory than as indicating the popular ignorance
of the time in all extra-insular matters. No mention is made
of the grand scene of his death, nor of the dramatic events
incidental thereto ; and their insertion here can therefore be
excused only on the ground of their reflection of the general
esteem and prevailing admiration felt by the people of England
immediately sequential on the event.
" Amidst these loud acclaims which rend the sky,
What means the startling tear — the deep-felt sigh ?
Wolfe is no more — a name by all approv'd,
By princes favour'd, by the people lov'd.
Was it for this he left his native land,
A savage race to seek, and barb'rous strand ?
Eager his sov'reign's orders to obey,
For this, with speed, to cut the liquid way ?
Coolly, for this, unnumber'd dangers dar'd,
And the same toil, the chief, the soldier shar'd.
For this, judicious form'd the glorious plan,
Which prov'd the hero, prov'd, too plain, the man.
Alas ! too plain : in yon remorseless grave
There view the wise, the generous, and the brave !
No more the trumpet's kindling sound shall warm
That breast to war ! — no more the battle charm !
The soldier, fir'd by him, shall catch no more
The glorious flame. Alas ! his race is o'er.
Yet for a moment hold the closing tomb !
Think, for his country pleas'd to meet his doom ;
For her, the foes superior force withstood,
And dy'd the soil he conquer'd with his blood.
But how shall Britain her regard express ? —
How charm the mother's grief, the fair's distress ?
Bootless alas ! it nought avails to tell,
In life though early, ripe in fame he fell :
No charm the fair's, the mother's grief can heal !
Their cure alone from time's slow hand must steal.
For thee, brave man ! mix'd with the private woe,
In grateful streams a country's tears shall flow ;
Proud to applaud unsullied worth like thine,
Each feeling heart, each generous muse, shall join.
To thee shall rise the monumental pile :
(Sacred thy name while lasts Britannia's isle,)
To children yet unborn their sires shall tell
How greatly Wolfe design'd — how bravely fell.
In peace he died, and glorious shall he rise
(For surely worth like his must gain the skies !) ;
Laurels unfading here shall grace his tomb,
Immortal bliss await in worlds to come."
173
PASSAGES IN THE LIFE AND REIGN OF
HAROLD, THE LAST OF THE SAXON KINGS.
BY WILLIAM WINTERS, ESQ.,
FELLOW OF THE ROYAL HISTORICAL SOCIETY.
THERE is a singular story accompanying the eventful life of
Godwine, the father of Harold,* which is given by Mr. Free-
man as gathered from the " half-mythical " chronicles of Ralph
the Black, a writer who flourished early in the thirteenth
century. He tells us how Cnut in a jealous fit sent Godwine
to Denmark with letters, requesting those officials to whom
they were addressed to cut off the bearer's head ; but Godwine
was too shrewd for his master, and like the " messenger of
Pausanias " read the letter by the way — " expalluit novus
Urias" which let him into the light of the awful secret. The
legend goes on to show how, naturally enough, he recovered
himself, and cleverly substituted other letters, which bore a
different burden, directing the Danes to show great kindness
to him, as he was a regent, and to give him the king's sister
in marriage. The scheme appeared to answer, for all was
satisfactorily carried out ; and Cnut is said to have put the
best face upon the matter ; he received Godwine as a brother,
and gave him the rank of " consul. "t A writer of the eleventh
century speaks very contemptuously of Godwine and his
family, prompted probably by his great dislike to Harold,
i. e., " The numerous progeny of Earl Godwine was daily
waxing stronger and stronger upon the earth." J
Harold the Second, and last of the Anglo-Saxon kings,
was son of Godwine, or " Gudin," Earl of Kent, by his wife
* See Michel's " Chroniques Anglo-Normandes," vol. ii.
f Hist. Norman Conq., vol. i., p. 724 (ed. 1870). Freeman.
J Ingulph's Chronicles (Bohn's Ed.).
174 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
Gytha, sister of Ulfjarl. Godwine makes his first appearance
in the history of our country in the reign of Canute, just
before the close of the tenth century. He was, without doubt,
of Saxon origin, as he is called " a child of Sussex," being
the son of Wulfnoth and grandson of Ethelmaer. This
"child of Sussex," however, may mean "a peasant." Ralph
the Black, or, as he is usually called, Radulphus Niger,
records that Godwine was the son of a herdsman or cowherd,
"films bubulci"* brought up by Canute. But how the son
of a Saxon herdsman came to be brought up by Canute is
explained by Turner in his translations from the Knytlinga
Saga, which shows Godwine to have been the son of Ulfnadr,
a man of poor and humble circumstances, probably the same
name with Wulfnoth, and to have owed his high position at
the court of Canute to a service which he rendered to Ulfr,
son of Sprakalegs, one of the great and noble captains of that
Danish conqueror who, having lost himself in a wood after
the battle of Skorstein, between Canute and Edmund, some-
times called " Sceorstan" accidentally fell in with Godwin, or
" Gudin," as he was then called, driving his father's herd of
cattle, and by him was conducted in safety to the cottage of
Ulfnadr, and thence to the camp of Canute. For this
act Jarl at once placed Godwine on a lofty seat, and had him
treated with the respect which his own child might have
claimed. His attachment continued toward Godwine so far as
afterwards to marry him to Gyda, or Gytha, his sister ; and
to oblige Ulfr, as the story goes, Canute in due time raised
Godwine to the dignity of Jarl.t Godwine is said to have
been a handsome man, of good address, and fluent of speech,
which qualifications speedily brought him into high repute.
* Cotton Lib. Vespasian, D. 10, f. 27.
t Turner's Hist. Eng., vol. ii., p. 333.
ef .
| ft _Jf
V i?
M
g cn
'""3 jf
•3 II P .g 1! II £ ^ II
OroO " ^
S ^ O TH
tj NH rt
«-g uT
-111
>• O ' -*
3
cX
o •"•
M '5 2"-g ^g
O
gp
•s • 5
o • tj °
2
1 Is
^-§0"
pq
ts
£> *T3 i/)
^ O '173
j= e --ss^
'o'o
d
o
-I'M^lll
fc S rt
OS O N
s "l^.s
i
p
-III
1
•O S w
~H ^ '1 2" 3
lip
>-> CS C
P- 37 1-
urch of St
Si e"S
'§ 0 «« „
«r3
<u
.-< . ^
M6
-"I
2^0
-II *
^2 s
J3
Tf ^ W« ^ yj
^
VI QJ
?
r M rt "^ ^ o
.5 S
ii o^ ir^r'^_
C iT
M
P^ _Q !5 *-^ ». o
o c:
II "3
<1 °£ Mrt W)
|2
O
sC •- S **- "-<
cn
R i
»_T »».
*§ "3 W *N
— II So
"bJO K
1-1 " 10 c?
M
c
ir
&• o O °
|l
^ ol T
"S 5
jj|3
•d
-"1
'g
tSi-S
BO.
w-c
W o
C So C
a
"&«
1^ 1 .
|s
II -n
•" .-a" • *"
V
&*2
•c
•£ |aj S "o ^ j.
II -e
m
—II 5o-fc- J •* S 5
5
^ •^i
w aw S"^ "" °
.T ."gl
.
c •£ J3 S
O "c/F
o >-, u t>
3 "^™
*
4J b/)rC o .
•- 5jQ ^/
M <-> "p |2 ^? **•
|| "o 3 ae
oW-O 1S°
•B.^S c •£
aS'««l o*
w g °^
•c o
176 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
There is no doubt but that Gytha was the mother of all
those sons and daughters of Godwine who played such a
memorable part in the history of our country. The fullest
list of Godwine's sons is that given by William of Malmes-
bury,* who is highly spoken of by Archbishop Usher, as "the
chief of our historians." Malmesbury, however, appears to
have been unacquainted with the name of Godwine's second
wife ; this deficiency has been supplied by Dr. Giles.
Gunhild, Harold's sister, is not mentioned by Malmesbury ;
her name occurs in the Exon Domesday,! " Gunnilla filia
Comitis Godwini." Mr. Freeman mentions a third daughter,
named ^Elfgifu, who appears in Domesday 144 b. Swegen
is considered to be the eldest son, and Harold next. It is
not quite clear who followed Harold, probably Tostig.
Wulfnoth was the youngest ; all the rest of the sons were
created earls but himself. Harold, whose career in life has
placed him at the head of his brethren, now steps forward %
as Earl of the East Angles.
To borrow the language of the above able writer, we may
now say that we have " reached the first appearance of the
illustrious man round whom the main interest of this history
will henceforth centre." Harold was "the hero and the
martyr of our native freedom," one whom England must
naturally ever hold in the highest esteem. " To his first great
government, a trying elevation indeed for one in the full vigour
of youth and passion, he was apparently raised about three
years after the election of Eadward, when he himself could
not have passed his twenty-fourth year. While still young
he saw somewhat of the fluctuations of human affairs, and he
seems to have learned wisdom from experience. Still there
must have been in him from the beginning the germ of those
great qualities which shone forth so conspicuously in his later
career. The praises of the great earl sounded forth in the
* William of Malmesbury, Bohn's Ed., p. 222.
f Vide pp. 96, 99.
I A.D. 1045.
PASSAGES IN THE LIFE AND REIGN OF HAROLD. 177
latest specimen of the native minstrelsy of Teutonic
England."*
The remarkable skill and agility in the use of arms placed
Harold on an equal with the swift " light-armed Briton," and
made him more than a match for his Norwegian opposers ;
and his courage and strength enabled him for a long time to
stand proof against the deadly arrows of the Normans. As a
ruler in civil matters he is thought to have been even more re-
markable. We are told that as soon as he possessed the reins
of government he vigorously strove, as the chronicler asserts,
" to revoke unjust laws and establish good ones ; " and,
as another writer of a later date remarks, " the greevous
custumes and taxes which his predecessors had raised he
abolished, whilst the ordinarie wages of his servants and men
of warre he increased." Harold is mentioned as being the
protector of the churches of his day, besides showing a
humane feeling towards not only good men, but even to
malefactors, and to disturbers of the countiy's peace.f We
have every proof of Harold's great liberality when our
attention is drawn to his magnificent foundation at Waltham
Abbey, which is a monument " not more of his liberality
than of his wisdom." He was also a liberal benefactor to the
church of Peterborough, and by his advice King Eadward
issued a grant to the church of Abingdon. To found a secular
college like that of Waltham at a period " when all the world
seemed mad after monks," and when the nobles of the land
aimed to outvie each other in adorning the so-called
" religious houses " with splendid gifts, exhibits great in-
dependence of spirit and vigour of mind.
The circumstances connected with the foundation of Walt-
ham show that Harold was not actuated by superstition
altogether, or dread, nor was it a display "of reckless
bounty," but as Mr. Freeman justly remarks, it was "the
deliberate deed of a man who felt the responsibilities of lofty
rank and boundless wealth, and who earnestly sought the
* " History of the Norman Conquest," vol. ii., p. 32.
t Journal of the Archaeological Association, vol. xxiii., p. 159.
N
178 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
welfare of his church and nation in all things." The same
able writer goes on to speak of the story of Eadgyth Swannes-
hals, or Swan-necked, Harold's beloved consort She was
the last of the Anglo-Saxon queens, and was surnamed " the
Fair." It is believed by this marriage Harold healed up
the breach made between him and his northern subjects.
The great researches of Sir Henry Ellis and other antiquaries
lead to the conclusion that the touching instance of woman's
tender and devoted love — the verification of Harold's mangled
body among the slain at Hastings, generally attributed to his
paramour, — 'belongs rather to Queen Eadgyth, his disconsolate
widow.* The appellation of " mistress " usually given to
Eadgyth,t or Ealdgyth, has unhesitatingly been dispensed
with for that of "queen," on the ground of Sir Henry Ellis's
opinion (Introd. to Domesday, ii., p., 79) that she was no other
than the daughter of Earl ^Efgar, and widow of Griffith, Prince
of Wales, after whose death she became, as we have said, the
wife of Harold-! It will be well here to relate the chief
incidents shown in the life of Harold by the Anglo-Saxon
chronicler. In A.D. 1046-9 Harold opposes his brother
Swegen ; 1049, ne removes the body of Bib'rn to Winchester ;
1050, cited before the " Witenagemot," or a meeting of wise
men. Some interpret the word witan, to know, and gemoth,
an assembly. It was a name given to an assembly of wise
men who constituted the great national council or parliament
among our Anglo-Saxon ancestors ; consisting of the nobles,
or the largest landholders, and the principal ecclesiastics.
The powers of this council were very extensive. 1051-2,
Harold withdraws to Bristol, and thence to Ireland ;
sails with his father to London, and is reinstated in his
possessions. In 1053 his father dies, and he attends the
funeral, succeeds to his father's earldom ; 1055, makes his
peace with Earl ^Elfgar, and the next year makes peace with
Strickland's '' Lives of the Queens of England," vol. L, p. 8.
She is called in the Cott. MSS., Julius D., vi., cap. 21, " Editha
tomen, Swannes-hals"
See Lappenberg, " Under the Anglo-Saxon Kings," vol. ii., p. 302.
PASSAGES IN THE LIFE AND REIGN OF HAROLD. 179
Griffith, King of North Wales ; 1063, he reduces Wales, and
the following year treats with Morkere ; 1065, he orders a
hunting-seat for King Eadward at Portskewet, and strives to
reconcile Earl Tostig and the Northumbrians ; 1066, he is
chosen King of England, collects an army to oppose Tostig
and William of Normandy, defeats Harold Hardrada and
Tostig at Stamford Bridge, and at last is slain at Hastings.*
For several months Harold occupied the throne of England
in peace. His accession, no doubt, took place with the general
assent of the public ; the nobility, with few exceptions, and
the bishops, with scarcely any, declared themselves the
authors and supporters of his progress, and the acquiescence
of the nation appeared complete. Florence of Worcester, a
trustworthy writer of the Middle Ages, informs us that Harold
reigned nine months and nine days, — " Regnavit autem
Haroldus mensibus ix. et diebus totidem." And reckoning
from the death of Eadward, which took place on Thursday,
January 5th, to Saturday, October I4th, 1066, the day of his
own death, this statement seems to be correct. An able
writer has justly observed that the reason why Harold has
been so far ignored by some historians may be attributed to
the shortness of his reign. In fact, by them, remarks the writer,
this monarch "is scarcely included among our sovereigns."
The right of Harold to the throne of England has long
been a subject of discussion ; and there is, perhaps, no
greater event in the annals of our country in which the truth
is more difficult to be elicited than in the transaction between
Harold and William in the lifetime of Eadward.t This
monarch, as he drew near his end, saw the increasing power
of Harold, and doubtless was not without some grave thoughts
that the kingdom which he had governed would at his death
be exposed to great commotion, on account of the rival
powers then existing. There appear to have been four
claimants to the crown of England at the death of the
Confessor — i.e., his cousin, William of Normandy ; his brother-
* " Anglo-Saxon Chronicle" (by Thorpe), vol. ii., p. 280. London : 1861
f Turner's " History of England," vol. i., p. 374.
180 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
in-law, Harold ; Eadward the Outlaw, the son of Eadmund
Ironside, who had been sent for by the king as early as 1057
respecting the crown, but he died soon after his arrival in
England ; and Eadgar, who is said to have been too young in
1066 to be elected king. Each of these, no doubt, founded
his pretensions upon the real or supposed devise of the late
king. But if kindred had any weight, Eadgar probably had
the most right to the throne, being the son of ^Etheling,
although he was not entitled to the same constitutional
preference as his father, but in some respects he was a more
promising candidate than his father.* Palgrave tells us that
Eadgar ^theling was the son of Eadward the Outlaw, a lineal
descendant of Ironside, and the only male left of the house of
Cerdic.f The Anglo-Saxon chronicler states that "Archbishop
Ealdred and the townsmen of London would have Eadgar
child for king, as was indeed his natural right ; and Eadwine
and Morkere promised him that they would fight with him,
but as it ever should be the forwarder, so was it ever, from
day to day, slower and worse, as at the end it all went." The
early writers speak unhesitatingly that Eadward, on his
death-bed, had appointed Harold to be his successor. Turner
the historian says, " I am much inclined to believe this
report, not only on the testimony of the English writers, but
because its truth is acknowledged by the enemies of Harold."
One of them notes that Harold was a cunning and crafty
man, understanding that —
" 'Tis always bad fixt measures to defer ;"
And that as soon as the king was buried he (Harold) extorted
an oath of fealty from the nobles, and placed the crown on
his own head.J Other early writers give a more feasible
account how that after the interment of Eadward, the " vice-
roy," or "vice-king," Harold, whom the king had previously
appointed his successor, was elevated to the throne by all the
* " History of Normandy and England," vol. iii., p. 295.
f " History of the Norman Conquest." vol. ii., p. 425.
\ " Matthew of Westminster," vol. i., p. 556. See Roger of Wend over's
'' Flowers of History," vol. i., p. 326, and Ingulph's Chronicle.
PASSAGES IN THE LIFE AND REIGN OF HAROLD. 181
chief men of England,* and was consecrated the same day
with great ceremony by either Stigand or by Aldred, Arch-
bishop of York.f Harold had, no doubt, obtained great
favour with the Saxons during his course of action ; for as
early as the time of Harthacnut he was in possession of con-
siderable power ; and in striking contrast with the other sons
of the great and popular Earl Godwine, in his government of
East Anglia, and afterwards of Wessex, he was just, kind, and
considerate. £ The Anglo-Saxon Chronicle tells of the
death of Eadward and the promotion of Harold to the throne,
in the most exalted strains of the period, but which may
now appear weak and fulsome. The story finishes thus : —
" Harold himself, a noble earl,
He in all times faithfully obeyed His lord
By words and deeds, nor aught neglected
Of what was needful to his sovereign king."
When the important news of King Eadward's death and the
coronation of Harold reached the ears of William of Nor-
mandy, he was sporting in the park at Rouen ; and it is said
that the bow dropped from his hand. Apropos are the words
of Johnson here : — " No plays have oftener filled the eyes
with tears, and the breast with palpitation, than those which
are variegated with interludes of mirth." The duke $tood a
few moments wrapt as it were in thought, then threw himself
into a boat, and crossing the Seine, entered his palace, and
afterwards called his barons to council. By their advice he
sent to request Harold to perform his engagements and resign
his crown. The reply was such as might be expected ;
* Ordericus Vitalis affirms that Harold was crowned by Stigand, and
that he usurped the English throne. But the Harl. Miscellany states
that Stigand refused to perform the ceremony. The Bayeux tapestry
exhibits Stigand, and not Aldred, performing the office of crowning
Harold, which was no doubt correct, as we find that on the accession of
William to the throne of England, Stigand is cast into prison, and libe-
rated only by death.
t Simon of Durham, " History of Kings," p. 544. Hovenden's Annals,
and " Florence of Worcester's Chronicle."
J Journal of A rcha;o logical Association, vol. xxiii. p. 158.
182 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
Harold refused to comply to such orders, and boldly defied
the great Norman powers. Forthwith William summoned a
parliament of his barons bold at Lillebonne, and though the
nature of their tenures did not oblige them to cross the sea in
the service of their liege lord, they agreed, at the impulsion
of Fitz-Osborn, surnamed the Bold, to aid in the conquest of
England. Promises of rich rewards were made by the duke
to stimulate them to exertion ; and promises to the like effect
were held out to the flower of the chivalry of Anjou, Brittany,
and Poitou, if they would do their very best to support the
standard of William. And the Pope, it appears, when applied
to, readily condemned Harold on the ground of perjury, and
sent the duke a banner and a ring, with a pressing letter
stipulating for a more punctual payment of Peter's pence — a
tax annually levied on every house granted to the Holy See
by King Ethelwulf* " Thus," says Fuller, " the Pope would
not be so bad a carver as to cut all away to others, and
reserve no corner to himself."
But whatever may have been the charges brought against
Harold by the Pope and the Duke of Normandy with respect
to his legitimate right to the crown of England, Harold no
doubt had as good a claim to it as the rest of his rivals, taking
all things into consideration, and here it seems necessary to
cull from a mass of weighty evidence those important facts
which establish the justness of Harold's right to be the sole
monarch of this favoured isle.t " The Anglo-Saxon Chronicle"
(p. 189 as before quoted) is favourable to Harold, the one
nominated by Eadward to be his successor : — " And Harold
eorl' feng to tham rice, swa swa se cyng hit him genthe and
carl Harold took the kingdom, as the king gave it to him."
* Keightley's " History of England," vol. i. p. 67.
f Harold, although he had many friends, yet was surrounded by a
number of enemies who did not always express the truth in their arguments
against him. He has been charged with acting unfriendly towards his
brother, but the Cott. MS. of the Saxon Chron. is strongly in his favour.
"There was a great gemot at Oxford, and there was Harold the Earl, and
would work a reconciliation, if he might ; but he could not." See "Journal
of Arch.," vol. xxiii., p. 161.
PASSAGES IN THE LIFE AND REIGN OF HAROLD. 183
Florence of Worcester, who died 1 1 18, says : — " Haroldus God-
wini dticis filius quern rex ante suam decessionem regni suc-
cessorem elegerat." The legend of Waltham says : — " Post
obitum itaque sanctissimi regis, comes Haroldus unanimi om-
nium consensu in regem elegitur" (MSS. Cotton. Julius, D. vi.).
But as Harold was crowned on the same day that Eadward
was buried, it may be said that there was not a sufficient time
allowed to obtain their consent. This objection is removed
by what is stated in Ailred's life of Eadward, that that prince,
being about to consecrate Westminster Abbey, which he had
built, did so at a period when " Anglorum tota nobilitas ad
regis curiam debuit convenire" and that the solemnity was
begun — " Convenientibus in unum episcopis cunctisque regni
firoceribus." The great national council was, therefore,
assembled at a period of Ead ward's death and Harold's coro-
nation.* Sir Alexander Malet, B.A., in his metrical version
of "Wace's Chronicle of the Norman Conquest," confirms
the right of Harold to the throne of England, which right
he should possess at the sacrifice of his life : —
" Here gather'd before thee this day, we demand
That Harold be chosen as king of the land."
*******
Then Harold stood forward, and said, "What was done
By thee in foretime, sire, regard as foregone.
God forbid I e'er crave other guerdon as mine,
Save to rule by thy grant o'er the land that is thirte. "
Then answered the king, " Harold, so shall it be^.
But death's in the gift, as I well can foresee.''^
It is quite possible that Duke William had nothing more
than a verbal grant from Eadward to entitle him to be King
of England, any more than Harold. William of Malmesbury
asserts that William claimed the kingdom on the ground that
Eadward, by the advice of Archbishop Stigand and of the
Earls of God wine and Siward, had granted it to him, and had
* Cochrane's Foreign Quarterly Review, 1835, P- 311-
f Master Wace his Chronicle of the " Conquest of England " (Ed. 1860
pp. 20, 22).
184 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
sent the son and nephew of Godwine to Normandy as sureties
of the grant. Dr. Giles affirms that this statement "is from
W. Pictaviensis, who puts it in the mouth of the conqueror,
but it is evidently false ; for Godwine died A.D. 1053, Siward
A.D. 1055, and in 1054 we find Ead ward the Confessor sending
for his nephew from Hungary, to make him his successor in
the kingdom, who accordingly arrives in A.D. 1057, and dies
almost immediately after. He could not, therefore have made
the settlement as here asserted." Harold in the tapestry is
represented as making oath to duke William, by which oath
it is said the duke claimed his right to the English throne.
In another part of the tapestry occur the words — " Hie dedit
arma Willelm Haraldo" " Here William gave arms to Harold."
Ordericus Vitalis informs us that Duke William presented
Harold with arms and horses, " in contradiction to Wace, who
in the Roman de Ron, laid the scene of the presentation of
arms at Avranches, when William was on his march to
Brittany."
AN ACCOUNT OF THE BAYEUX TAPESTRY.
The celebrated tapestry of Bayeux which illustrates so
much of the famous history of the Norman Conquest, con-
sists of a web of linen nearly 19 inches in breadth and 214 feet
in length ; the memorable expedition from the embassy of
Harold to the Norman court in 1065,13 successfully depicted.
There are exhibited also several hundred figures of men,
horses, beasts, birds, trees, castles, houses, and churches, with
inscriptions over them explanatory of their meaning and
history. The stitches, if they may be so called, are threads
laid side by side and bound down at intervals by cross stitches
or fastenings upon the said linen or cloth ; the parts intended
to represent flesh are untouched by the needle. The colours
are generally faded on bluish green, crimson, and pink. The
finest copy that has ever been taken of the Bayeux Tapestry
will be found in the South Kensington Museum. There is a
good copy in the " Vetusta Monumenta," drawn many years ago
by Stothard. The translators of " Master Wace his Chronicle,"
PASSAGES IN THE LIFE AND REIGN OF HAROLD. 185
have given a number of illustrations from this tapestry
similar to those given by Mr. Stothard in 1819. With regard
to these illustrations it is conjectured that Wace must have
seen the Bayeux tapestry before or at the time of writing his
poem. This supposition is supported by the fact of his having
held an ecclesiastical dignity in the chapel of the Bayeux
Cathedral. This "Worsted Chronicle " is set down by some
persons as the work of Matilda of Flanders, queen of William
the Conqueror, but upon investigation it is found to be neither
the work of the first nor the second Matilda ; it was executed
by order of Odo, Bishop of Bayeux, " uterine " brother of the
Conqueror, " who alone had the power to deposit and display
the representation of a subject from profane history in a sacred
edifice." Hume has attributed the work to the third Empress
Matilda, daughter of Henry I. Odo is said by Thorpe to be
the son of Arlette by her husband Herluin de Conteville. He
was contemporary with Harold and William, and is mentioned
as bishop in 1066.* This bishop appears in effigy on the
tapestry on horseback clad in armour, holding a club with
which as the inscription states, " he encouraged the youths."
Harold at his coronation is seen seated on his throne,
listening apparently with great attention to two messengers
who no doubt had some important matter to communicate to
him. Some have suggested that these messengers brought
the news of the landing of his brother Tostig and the
Norwegians. Others more justly conjecture that the two men
represent Duke William's ambassadors who were sent to ex-
postulate with Harold on his claiming the crown of England.
The words above the throne are — " Here sits Harold, King of
the English. — Stigand, Archbishop." Harold holds a sceptre,
and in his left a globe surmounted by a cross. On his left is
Stigand, who is said to have crowned him in defiance of the
Pope's interdiction, and for which act he afterwards suffered
at the hands of William. The early writers, at least several
of them, affirm that Harold was crowned by Aldred, Archbishop
of York.
* Anglo-Saxon Chronicle, vol. ii., p, 107.
186 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
WAGE'S CHRONICLE OF THE NORMAN CONQUEST.
Master Wace, as he is called, was born in tne isle of
Jersey early in the twelfth century, lived in the reign of three
Henries, and died in England circa A.D. 1184. It is said that
he was educated at Caen, and proceeded thence to the
dominion of the king of France, returning again to Caen,
where he began to write " romanz." In 1155 he finished his
" Roman de Brut." (See transcript Cott MSS., Vit. A. X.,
fol. 19.) King Henry the Second, the great patron of the
church of Waltham, was Wace's principal patron. Wace
obtained by royal favour the prebend of Bayeux Cathedral
as a reward of his literary labour. Here he had doubtless
full command of the wonderful Bayeux tapestry. He held
this office, we are told, for nearly twenty years. In 1160,
Wace, having gleaned sufficient from the tapestry, finished
his masterly Chronicle of the Norman Conquest. This is an
invaluable record regarding the history of the times and the
burial of Harold at " Varham " (Waltham). He appears to
have gathered much information respecting the Conquest
from old men who are said to have seen the comet of
1066 : —
" I have seen and conversed with old men in my time,
Who beheld the said star ; men in their prime." *
The biographer of Wace says that he " wrote at a period
when the desire for more accessible sources of information
than those afforded by the monkish chroniclers began to be
felt, but while the habit of listening to the troubadour was
still prevalent. His work is then to be considered as a
remarkable monument, marking as it does a period of
literary transition, produced by a clerk or Churchman, but
in the vulgar tongue and in reality a tribute or concession
to the growing spirit of inquiry of his age.
" As regards the literary value of Wace's poem, competent
judges have pronounced that it is not deficient in delicacy of
feeling or elegance of expression ; but the obsolete language
* See Malet's Translation of Wace's Chronicle (1860).
PASSAGES IN THE LIFE AND REIGN OF HAROLD. 187
in which it is written enables few to form an opinion of either
quality."* The public are indebted to Sir Alexander Malet,
Bart., B.A., for his splendid translation of the Chronicle into
English rhyme, published in 1860, from which much of the
above on Wace is taken. Mr. Edgar Taylor gave a prose
translation in 1837 (8vo.), published by Pickering ; this is also
a valuable book. Both these works are illustrated from the
Bayeux tapestry.
The best existing transcript of Wace's Chronicle of the
Norman Conquest is preserved in the royal collection of MSS.,
British Museum.-}* The date of this MS. is put down by
good authority as A.D. 1200; it formerly belonged to the
library of Battle Abbey, for which it is said to have been
made. " Liber Abbatriae Sanqti Martini de Bello " is written
on one of the folios. The Chronicle is supposed " to com-
memorate the deeds, the sayings, and manners of our
ancestors, to tell the felonies of felons and the baronage of
barons," &c. In fol. 271 of this MS. the writer states
clearly that the body of Harold was carried to Waltham, and
there buried : —
" Li reis herant en fu portez,
A WAICHAN, fu enterrez,
Mais jo ne sai qui le uporta,
Ne jo ne sai qui lenterra."
On the 24th of April, A.D. 1066, a great comet appeared in
the heavens, "which," says Ingulph, "portended the great
changes which were about to take place in the country."
The old Leonine couplet given by Roger Hovenden has been
rendered thus : —
" In the year one thousand and sixty-six,
A comet all England's gaze did fix."J
A Norman writer describes it as having three tails ; and the
Anglo-Saxon chronicler says that " there was over all England
0 " Conquest of England," translated into rhyme by Sir Alexander
Malet, Bart., B.A. (Bell and Daldy, 1860, 4to.)
t Reg. iv., c. xi.
J Ingulph's " History of Croyland," p. 138. Bohn's Ed.
188 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
such a token seen in the heavens as no man ever saw before.
Some men said it was cometa, the star, which some men called
the haired star, and it appeared first on the eve of Litania
Major, the 8th before the Kalends of May [24th April], and
so shone seven nights." Whether this comet appeared, as
was the belief of that superstitious age, to indicate war and
carnage is very questionable. However, war and bloodshed
speedily followed. The tapestry exhibits the comet and the
great consternation which it caused among the people. Isti
mirant stdld, "They marvel at the star." On the right
sits Harold, listening, as some suppose, to the intelligence
communicated by the messenger sent to report the landing
of Tostig and the Norwegians. Others think that it is
intended to represent that which has already been stated
with reference to Harold and William. See Guillaume de
Jumi&ges, Matt West., Tib. B. i., Cott. MSS., and " Journal of
the Archaeological Association," vol. xxiii.
THE BATTLE OF STAMFORD BRIDGE.
It appears that just before the king had measured his strength
with the Normans he was called upon to defend himself
from the attacks of Tostig, or Tosti, his younger brother,
and the Norwegian army. Tostig had been created Earl of
Northumberland by Edward the Confessor, but was ejected
by the inhabitants, who would not tolerate the tyranny of
his government. Upon the accession of Harold, Tostig, now
an exile, resolved to gratify his revenge by attacking England ;
and being connected in marriage with Duke William, he
made an offer of his services to that prince, which, of course,
were readily accepted. William immediately placed him as
head of the great fleet which was manned with Flemings,
and which, in the month of April, 1066, appeared off the
Isle of Wight, where he landed, and after having ravaged
the coast and supplied himself with necessaries, he proceeded
toward the port of Sandwich. By this time Harold
was in London, and had made great preparations to oppose
the Norman invaders. He despatched at once a naval force
PASSAGES IN THE LIFE AND REIGN OF HAROLD. 189
of some power, besides a formidable troop of horses to defend
the Kentish coast.* As soon as Tostig heard of Harold's army
approaching he made a hasty retreat from Sandwich, with a
view to return to Normandy, but the wind proving unfavour-
able he was obliged to enter the river Humber ; there he
speedily disembarked, and ravaged its banks on each side.
Here he was attacked by the Earls Edwin and Morcar, and
was compelled to fly with only twelve out of sixty ships with
which he had entered the river. Tostig at this juncture
solicited the aid of Svend, King of Denmark, but was refused.
However, Malcolm Canmore, King of Scotland, received him,
and with whom he stayed during the summer. The refugee
then applied to Harold Hardrada, son of Sigurd, King of
Norway, for assistance, and was successful, but eventually
became the vassal of this monarch by promising him half of
the island which he had been attempting to invade. After
these transactions the Norwegian king arrived at the mouth
of the river Tyne with a powerful fleet of more than 500 great
ships. Tostig united with the king's fleet according to pre-
vious arrangements, and they both landed their troops at a
place called Richall. As soon as Harold heard of this he
marched with great speed towards Northumbria, but before
he had arrived the two valiant brothers, Edwin and Morcar,
at the head of a large army, fought a severe battle with the
Norwegians on the northern bank of the river Ouse at Fulford,
near York.t This occurred on Wednesday, September 20,
1066, being the eve of the feast of St. Matthew the Apostle.
The 25 th day of September, 1066, we are told was fine, and
the sun shone as bright as in midsummer. The Norwegians
had now landed on the field with the expectation of receiving
the hostages from York, and were firm in the confidence of
victory. They laid their armour aside and took only their
swords, spears, shields, and helmets ; some had bows and
arrows, and all were extremely merry. J The Rev. F. H.
Arnold, M. A, tells us that the Norwegians " were flushed
* Cochrane's Quarterly Review, 1835, p. 312.
t Florence of Worcester Chronicle, p. 169. + Heimskringler.
190 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
with success, and fancied that the cloud of dust raised by the
approaching Saxons was caused by the men of York, whom
they were awaiting ; a line of steel soon betokened the van-
guard of an army."
Tostig after this was speedily killed, and the Norwegians
renewing the contest for the third time were defeated with
great slaughter. Heaps of bleached bones remained long
after, a memorial to the passer by of the terrible conflict
Harold treated the Norwegians with much clemency.* Not-
withstanding the complete victory gained by Harold, he
allowed Hardrada's sons, Olaf and Paul, Earl of the Isle of
Orkney, who had been sent with part of the army to guard
the ships, to return to their own country with twenty ships
and the remnant of their army, having first received from them
their hostages and oaths for their future good behaviour.t
Henry of Huntingdon records that the whole army were
either slaughtered, or taken prisoners and burnt. Wendover
says that after the battle, Harold, King of England, appro-
priated to his own use the booty and spoils without allowing
any one to share with him, which so disgusted his army that
they unanimously forsook him. J Most of the early writers are
silent on this point. Rapin thought that in this particular
" Harold deviated from his usual generosity." This is no doubt
correct. Having thus dwelt at some length on the earlier
and perhaps less known part of Harold's career, it will be well
to hasten to notice the great and decisive battle of Hastings,
in which the noble monarch terminated his life.
THE BATTLE OF HASTINGS.
On the 1 3th day of October, A.D. 1066, while Harold
was rejoicing in the victory over the Norwegians which he
had but just gained, a horseman, § who had ridden day and
night from Hastings, brought him intelligence of the landing
* Roger Hovenden states that Hardrada, or Harfager, and Tostig were
slain " with the edge of the sword."
t Roger de Hovenden Annals, and Florence of Worcester .
J " Flowers of History, vol. i., p. 327." § A THANE of Sussex.
PASSAGES IN THE LIFE AND REIGN OF HAROLD. 191
and strength of the invading army. Harold is said to have
been at York when he received the news, but it appears from
the best authority that he had left York some little time, and
was staying at Waltham when he received the mournful intel-
ligence;* and this statement cannot be entirely disregarded,
as there is early documentary evidence to prove that he rested at
Waltham the night before the battle, in a house which he
himself had founded a short time previously, and where he
offered up his orisons, and vowed that if he should be spared
to return with victory, he would greatly enlarge the posses-
sion of that establishment, for he was hurried into a position
at the death of Edward which left him no time to carry out
his previous intentions respecting Waltham — the spot which
he had chosen for the "scene of his scanty relaxations."
When Harold left Waltham — never more to return alive — the
two canons, Osgod and Ailric, accompanied him, by command
of the dean and chapter of the house of Waltham, for the
purpose of bringing back his body should he be slain in
battle, t " Master Wace," in his early chronicle, has given a
verbal description of the fight on the field of Senlac, which is
now printed and illustrated with many striking features of
the great contest from the Bayeux tapestry, as stated ante.
Harold, it appears, conducted his journey with too much
haste for his own interest, for when he arrived near the shores
of Sussex,he had been joined by not more than half his army
(see Cott. MSS. Jul. D. VI. c. xx.). But his hope was that the
rapidity of his forced marches would enable him to surprise
his enemies on the night of the I3th of October, or
early on the ensuing morning of the fatal day. The Nor-
mans were not aware of his approach ; and so little did they
anticipate it that a considerable troop had been despatched
from the camp to collect provisions. Notice of it, however,
reached William in time to defeat King Harold's projects.
Harold had materially weakened his land forces by sending
many of his best men to man a fleet of 700 vessels, with a
view to hinder the duke's escape by water. This, however,
* See " Legend of Waltham," Cott. MSS.
t "De Inventions Sanctae Crucis" (Stubbs), xviii.
192 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
proved to be a great mistake of Harold's, for the fleet had but
little influence on the impending conflict. Prudence, it seems,
would have counselled him to open a passage on the
sea for his enemies' retreat.* Odo, Bishop of Bayeux,
and Constance, the half-brother of William, assisted by a
numerous band of ecclesiastics, administered the sacrament of
which the Norman Duke William partook. In the morning
the Bishop addressed the army, but in the midst of his speech
he was interrupted by William Fitz Osborn, who admonished
him to prepare for battle. He armed himself in such
haste, that before he was aware of his error, he had reversed
his breastplate. This circumstance was looked upon by some
as a favourable omen, observing that the time had come when
the dukedom should be converted into a kingdom. To add
confidence to his soldiers, he reminded them of the justice of
his cause, and hung round his neck the relic upon which
Harold had sworn to secure England for him.f The Normans
had a decided superiority over the English in the number and
equipment of their cavalry, and in the possession of a body
of experienced archers. J Harold had sent out spies to in-
spect the invading forces, and William, it is said, knew so well
his strength and the good appointment of his army, that he
concealed nothing from the spies, but caused them to be well
feasted and to be led through his encampment. On their
return to Harold they magnified what they had seen, and
added that the faces of the Normans were close shaven, by
which they resembled an army of warlike priests. Harold is
said to have laughed at the idea, but remarked that the
* Turner's " History of England," vol. ii., p. 406.
t This refers to a trick of William, related by Hume : — " In order to
render the oath more obligatory, William employed an artifice well suited
to the ignorance and superstition of the age. He secretly conveyed under
the altar on which Harold agreed to swear, the relics'of some of the most
revered martyrs. And when Harold had taken the oath, he showed him
the relics, and admonished him to observe religiously an engagement
which had been ratified by so tremendous a sanction." See Matt.
Westminster.
t The Cott. MSS., Jul. D. 6, f. 101, show that the Norman army was
four times as numerous as that of Harold.
PASSAGES IN THE LIFE AND REIGN OF HAROLD. 193
priests would prove formidable soldiers. The English did
not shave the upper lip, but suffered the hair to grow, which
had been a national custom with the early Britons.*
Harold and his army occupied the hill-top at Senlac, after-
wards called Battle, and there it is said spent the night
in festivity ;f but the Normans who rested on the eminence
opposite passed the night in devotion. Harold's men for the
greater part were armed very imperfectly; some had battle-
axes, in the use of which they were very expert ; and others
were armed with such inefficient weapons as clubs, slings, and
even pitchforks. The king observed the deficiency of his
own troops in number, and so was careful to place them in
a position where the superiority of the enemy's cavalry would
be comparatively useless. They were disposed upon the
summit of an eminence, which upon every side presented an
abrupt ascent to the attack of the Normans, and yet was
capacious enough to afford room for the whole of the English
army, formed as it was into one compact body. The English
infantry were arranged by Harold into an impenetrable
wedge. Their shields covered their bodies, their arms wielded
the battle-axe. Harold, whose courage was equal to his
dignity, quitted his horse to share the dangers of the battle on
foot. His brothers, Leofwin and Gurth ("the men of Kent "
claimed by ancient privilege the honour of standing in the
front rank, and of commencing the battle), accompanied him ;
and his banner, in which the figure of a man in combat, woven
sumptuously with gold and jewels, shone conspicuous to his
troops, was implanted near him.t The battle was commenced
by Taillefer, one of the minstrels who had obtained from
William the honour of striking the first blow, and who ad-
vanced upon a noble steed, singing as he went the romance of
* See William of Malmesbury, and Julius Caesar's "Gallic War," lib.
v. c. p. 14.
f " Wees-heal " and " Drink-heal " resounded from their tents ; " the
wine-cups passed gaily round by the smoky blaze of the red watch-fires,
while the ballad of ribald mirth was loudly sung by the carousers." Pal-
grave's " History of Normandy," vol. iii. p. 313.
J Turner's " History of England."
O
194 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
Rolland and Charlemagne and Oliver,and the heroes who fell at
Roncesvalles. The infantry and archers by whom the combat
had been commenced were driven back in confusion by a tre-
mendous volley of stones and javelins thrown from a consider-
able eminence. And in spite of the exertions of Duke William
and of the Bishop of Bayeux, the first line, in which were the
Bretons and the mercenary soldiers, wavered and fled.* Thus
the battle raged for some time with the utmost violence on
both sides. At length the duke, perceiving that large bodies
from the enemy had broken their ranks in pursuit of his
flying troops, rode up to the fugitives and checked their
retreat, loudly threatening them and striking with his lance.
Taking off his helmet and exposing his naked head, he
shouted, " See, I am here, I am still living, and by God's help
I shall yet have the victory ! " The courage of the fugitives
was quickly restored by the gallant manner and bold speech
of the duke, and intercepting some thousands of their pursuers
they cut them down in a moment. In this manner the
Normans twice again pretending to 'retreat, and when they
were followed by the English suddenly wheeling their horses,
cut their pursuers off from the main body, surrounded and
slew them. The ranks of the English were much thinned by
these dangerous feints, through which they fell separated
from each other ; so that when thousands were thus
slaughtered the Normans attacked the survivors with still
greater vigour.f Then the ranks met ; a cloud of arrows
carried death among them ; the clang of sword-strokes
followed ; helmets gleamed and weapons clashed. But
Harold had formed his whole army in close column, making
a rampart which the Normans could not penetrate.^ The
English banner still proudly waved over a numerous body of
the flower of the army, who every moment expected that a
reinforcement of their countrymen would arrive and inspire
them with fresh vigour.
* Cochrane, Foreign Quarterly Review, vol. i., pp. 317, 319.
t " Ordericus Vitalis," vol. i., p. 484.
+ Henry of Huntingdon, " Chronicles/' p. 212.
PASSAGES IN THE LIFE AND REIGN OF HAROLD. 195
As Eustace, Earl of Boulogne, turned round to the duke
and advised him to leave the field, an arrow struck him
between the shoulders, and he was carried from the field
as it seemed mortally wounded. The contest now was terrible;
William directed his archers not to shoot horizontally at the
English, but to discharge their arrows sharply upwards to the
sky. These fell with fatal effect on the more distant troops.
The random shots descended like impetuous hail, and one of
them pierced the gallant Harold in the eye. A furious
charge of the Normans increased the disorder which the
wounded king must have occasioned. His pain was great,
and he was mortally wounded. As the evening closed one of
the combatants had the brutality to strike into his thigh after
he was dead, for which William with nobler feelings disgraced
him on the field.*
The papal banner was by the Normans directly planted
where that of Harold had stood, and the English standard
was sent as an offering from William to the Pope. Baker
observes that William that day fought so valiantly that he
had three horses killed under him. But Harold showed no less
valour in killing many Normans with his own hands. " Till
at last King Harold, being struck into the brains with an
arrow, fell down dead ; upon whose falling a base Norman
soldier cut off one of his thighs while he was yet breathing,
which Duke William hearing was so much offended that he
caused the soldier to be disarmed, and with shame cashiered."
The death of Harold, as caused by an arrow piercing
his eye, is confirmed by Master Wace, the Norman chronicler ;
Englished by Sir Alex. Malet :—
" Thus acting, their arrows were all upwards sent,
And downward came pouring in vengeful descent ;
Heads and faces were wounded, and eyes were put out,
They durst not look upward, or turn them about,
Nor lift up their Vizors, so thick fell the Show'r,
Like Rain, Tempest driv'n by wind in its Pow'r.
* " Turner's " History of England," vol. i., p. 414.
196 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
Then it chanc'd that an Arrow which fell from on high,
Smote Harold the king, — and put out his right eye,
In His agony wrenching the Point from the wound,
He broke short the shaft, — which he dashed to the ground,
O'ercome with keen anguish, His body all bent,
His Head wrack'd with pain, on His Buckler He leant ;
So the English oft said, and the Normans still say,
That the shaft was well shot which was shot on that day ;
For they deem'd that the Archer had done a proud thing
Whose Arrow had put out the Eye of their King."
Strutt has illustrated the scene of conflict thus : — on the
right is seen the Norman duke mounted on his horse, trapped
with his arms ; whilst on the other side the unfortunate
Harold is falling from his horse, having just received his death-
wound. The illuminator who lived in the reign of Edward I.
did not attend to the dress and custom of the times which he
meant to represent ; for the armour, banners, &c., which are
delineated in the original plate were used in the era in which
he lived, and not in the time of the Conquest. In the Bayeux
tapestry Harold is represented as an armed man fallen dead,
his battle-axe flying from him ("Here Harold king was
slain"). Another soldier is leaning forward on horseback,
and wounding his thigh with a sword.
First among the noble barons present at this remarkable
battle were Eustace Count de Boulogne, William son of
Richard Count de Evreux, Geoffrey son of Robert Count de
Montague, William Fitz Osborn, Robert son of Robert de
Beaumont, a novice in arms, Aimer, Viscount de Thonars,
Earl Hugh, the constable, Walter Gifford, and Ralph Toni,
Hugh de Grant-mesnil, William de Warenne, and many other
knights, illustrious for their military achievements, and whose
names merit a record in the annals of history among the
most famous warriors.*
Harold fell on St. Calixtus' Day ; " Heu ! Ipsemet cecidit
crepusculi tempore" says Florence, of Worcester, at the coming
on of the twilight before the darkness of the Norman century
* " Ordericus Vitalis, " vol. i. p. 484.
PASSAGES IN THE LIFE AND REIGN OF HAROLD. 197
fell on the ill-fated English.* "This was a fatal day to
England," says William of Malmesbury, " a melancholy havoc
of our dear country through its change of masters. For it
had long since adopted the manners of the Angles, which had
been very various according to the times." f Long after the
day of this fatal conflict patriotic superstition believed that its
bloody traces were still to be seen on the ground which had
drunk the blood of the warriors of their country. These
traces are said to have been shown on the heights to the N.W.
of Hastings, when a little rain had moistened the soil.J
The Norman conqueror, after gaining possession of the
battle-field passed the night in a tent which he had caused to
be erected on the spot ; and where, immediately after, he
commanded a sacred edifice to be built in commemoration of
the remarkable event. This he afterwards adorned with a
variety of presents, and gave it the expressive title of " Battle
Abbey." But this building, with other contemporary relics
recording the great battle of Hastings, has fallen a prey to
the devouring elements of time. William was, in a measure,
prevented from executing his intentions respecting Battle
Abbey by death. §
The arms inserted infra were discovered in an initial A,
in Matthew Paris's Chronicle. The shield of Harold is intro-
duced between the columns of text, but reversed to betoken
his death ; vide " Paris Historia Anglorum " (Madden), p. 7).
The shield of arms of the Conqueror, i.e., gules, three lionsor
leopards passant gardant or. That borne by Harold ; azure,
a lion rampant.
THE BURIAL OF HAROLD AT WALTHAM HOLY CROSS.
The place of sepulture of this great monarch is a subject
much controverted in the present day, and there are many
who appear to be entirely opposed to the most authentic
*" De Inventione Sanctae Crucis " (Stubbs), 18.
f Vide W. Malmesbury, p. 278.
+ " Chronicles of England " (Raymond), p. xxvii.
§ " Chronicles of Battle Abbey " (Lower), p. 13.
198 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
version of the story. The writer has lived many years on the
very verge of where history and tradition point as the burial-
place of the last of the Saxon kings, and he has long laboured
to confirm, from documentary and other sources, the truth of
what he firmly maintains, — that Harold was buried at
Waltham. However, some persons have entirely rejected the
authority of Malmesbury, Wendover, Matthew of West-
minster, Wace, Higden, and a host of other later authors, for
the fabulous story which was current in the twelfth century,
i. e., that Harold escaped from the field of Senlac, "pierced
with many wounds, and with the loss of his left eye ; and that
he ended his days piously and virtuously as an anchorite at
Chester."* Both Knighton and Brompton quote the same
legend. William Pictaviensis, chaplain of the Conqueror,
asserts that William refused the body to his mother, who
offered its weight in goldf for it, ordering it to be buried on
the sea-coast. In the Harl. MS. 3/76,]: Gurth, the brother of
Harold, is said to have escaped alive ; he is represented, in
his interview with King Henry the Second, to have spoken
mysteriously respecting Harold, and to have declared that the
body of that prince was not at Waltham. Sir Henry Ellis,
quoting this MS., justly observes that the whole was, as we
shall see presently, the fabrication of one of the secular canons
who were ejected in I \TJ.\ And it is singular, as Mr. Freeman
notes, that some of the contemporary English writers are
silent on the more important points associated with Harold's
funeral. " England and her king," says this accurate historian,
"had fallen, and they cared not to dwell on the details of
sorrow. Not a word as to Harold's burial is to be found in
the Saxon Chronicle, not a word in our English-hearted
Florence. The English biographer of Edward, whose precious
work has just been given to the world by the Master of the
Rolls, does not even tell us in direct terms that Harold ever
died or ever reigned ; from him we ask in vain for the burying-
* Giraldus Cambrensis. (This Mr. Freeman calls " a wretched fable.")
t Eleven thousand pounds. See Maseres, in his " Gesta Guillelmi."
J See Vita Haroldi. § Note, Malmesbury, p. 235. (Stevenson.)
PASSAGES IN THE LIFE AND REIGN OF HAROLD. 199
place of the second Judas Maccabaeus."* In the Vita Haroldi
Harold is represented as having been found on the field of
battle, among the dead and dying, by a Saracen woman, who
concealed him at Winchester for two years. It then sends
him on a pilgrimage to Jerusalem and brings him back to
England to spend a long life in retirement and austere peni-
tence.f This Life of Harold, says Professor Stubbs, is "a
curious but entirely untrustworthy legend," written apparently
to prove that the great king was not buried at Waltham.J If
we ask the monk of Malmesbury respecting the body of
Harold, we are told that William surrendered it "to Githa
(Harold's mother), with the view of its being interred at
Waltham. Pictavensis informs us that a body, of which the
features were undistinguishable, but supposed from certain
tokens to be that of Harold, was found between the corpses
of his brothers Gurth and Leofwine, and that William caused
this corpse to be interred in the sands of the sea-shore, saying,
" Let him guard the coast which he so madly occupied ;" nor
was the king tempted by the gift of the sorrowing mother, or
touched by her tears.
William of Malmesbury, says Mr. Freeman, " does not
write in the interest of Waltham or of England. He is a
thoroughly independent witness ; so, I may add, are Wace
and his brother minstrels. So early and so extensive a fabri-
cation as their narratives would imply seems to me quite out
of the question. The most probable solution seems to be that
Harold was first, by William's order, buried under a cairn,
' aggere sub lapidum,' on the shore of Sussex, and was after-
wards more solemnly interred in the minster at Waltham.
The original order fell in alike with the passion and with the
policy of the Conqueror ; it suited him to brand the perjurer,
the excommunicate, the despiser of the holy relics, with eveiy
possible mark of ignominy. But a season did come when
William might well be disposed to yield to gentler counsels."
* Transactions of the Essex Archaeological Society, vol. ii., p. 34.
•f " Odericus Vitalis," vol. i., p. 487. (Bohn.)
1 " De Inventione Sanctae Crucis," p. xxx.
§ Palgrave's " History of Normandy and England," vol. iii., p. 320.
200 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
The abbot of Hyde and his twelve monks made a fruitless
search for the body of the fallen king. Osegod and Ailric, *
two of the canons of Waltham who watched the battle, were
engaged in the same pursuit, but their efforts were without
effect. " The find " was in reserve for Eadgyth Swanneshals
(Edith-with-the-swan's-neck), Harold's wife, or " old love,"
who readily distinguished the mutilated corpse among the
loathsome heaps of the unburied, from certain marks upon it
well known to her. This body, as being that of Harold's, was
brought to Waltham, and there entombed at the east end of
the choir, with great honour and solemnity, many Norman
nobles assisting in the requiem. Robert of Gloucester, a
monk living at the time of the battle of Evesham, records the
fact in his famous Chronicle : —
metier foot ijgt gone foil gerne ftgm fcgggote,
meggagerg, & largelgrfje Ijgm beto of fyer tfjgnge,
grante ijgre gone 6otig anertfje fcor to forgnge,
gt gmte tjgr fcagtt gnou fogtfjoete ntgftgnge foaraore,
&a tfjat gt toaa fcorn fjgre fcoiilj gret fjonour g fiore,
2Eo t^e fjaus of ^ffiialtam, & sbrogt amrtfje t^ete,
In tlje fjolj rotiE Cfjgrrije, t^at fje let Jg^ gulf rm."
The historian Speed, quoting from the Cottonian MSS.,
says, —
" The mother of the slain king did not so well moderate her
womanlypassions as to receive either comfort orcounsell of her friends,
the dead body of her sonne shee greatly desired, and to that end
she send to the conqueror two sage brethren of his abbey at Waltham,
who had accompanied him to his unfortunate expedition. Their
names (as I find them recorded in an olde manuscript) were Osegod
and Ailric, whose message to the conqueror, not without abundance
of tears, and feare, is there set downe in the tenour as followeth : —
' Noble duke, and ere long to be a most great and mightie king ;
we thy most humble servants, destitute of all comfort (as we would
we were also of life), are come to thee as sent from our brethren
whom this dead king hath placed in the monastery of Waltham, to
attend the issue of the late dreadfull battaile (wherein God favouring
* Ailric was a childemaister or schoolmaster of the abbey, appointed
by Harold.
PASSAGES IN THE LIFE AND REIGN OF HAROLD. 201
thy quarrell, he is now taken away, and dead, which was our greatest
comforter, and by whose onely bountifull goodnesse, we were relieved
and maintained, whom hee had placed to serve God in that church.
Wherefore wee most humbly request thee (now our dread Lord by
that gracious favour which the Lord of lords hath showed unto thee,
and for the reliefe of their soules who in this quarrell have ended their
dayes,) that it may be lawfull for us by thy good leave, safely to take
and carry away with us the dead body of the king, the founder and
builder of our church and monasterie ; as also the bodies of such
others, as who, for the reverence of him, and for his sake, desired also
to be buried with us, that the state of our Church by their helpe
strengthened may be the stronger and indure the firmer.' With whose
so humble a request and abund tearss, the victorious and worthy
duke moned and answered. ' Your king (said he), unmindful of his
faith, although he have for the present endured the worthy punish-
ment of his fault, yet hath he not therefore deserved to want the
honour of a sepulchre or to lie unburied were it, but that he died a
king howsoever he came by the kingdom, my purpose is for the
reverence of him, and for the health of them who having left their
wives and possessions have here a church and a monastery, with an
hundred monkes to pray for them for ever ; and the same Church
to bury your king above the rest, with all honour into so great a
prince, and for his sake to endow the same with great reverences ; '
with which his courteous speech and promises the two religious
fathers comforted and encouraged again replied, ' Not so, noble duke,
but grant this thy seruants most humble request, that we may, for
God, by thy leave receive the dead body of our founder, and to bury
it in the place which himself in his lifetime appointed, that wee
cheered with the presence of his body may thereof take comfort, and
that his tomb may be unto our successors a perpetuall monument
of his remembrance.' The duke, as he was of disposition gracious
and inclined to mercy, forthwith granted their desires." *
In order to confirm the truth of the above, the writer deems
it expedient to cite Wace and other early chroniclers. The
Waltham manuscript " De Inventione Sanctce Crucis" contains
the detailed account of the two canons, how they were sent
to watch the progress of the battle, and how they searched
for the mangled body of Harold (ante). Wace says, (see the
* Vide " Speed's History of Great Britain," p. 409.
202 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
edition of 1837) "King Harold was carried and buried at
Varham (Waltham) but I know not who buried him."
"Li Reis Heraut fu enterrez,
E a Varham fu enterrez."
Which is Englished thus —
" King Harold himself (though I know not by whom)
To Waltham was carry'd and laid in the tomb."
A. le Prevost, commenting on the mode in which the body
of Harold was disposed of, remarks* on the difference of terms
employed by William of Poitiers and Ordericus Vitalis in nar-
rating the same event. M. le Prevost observes that, according
to William of Poitiers, the conqueror after much entreaty
refused to give up the body to Harold's mother, and granted
it to William Malet. Ordericus Vitalis says that the body was
handed over (traditus est] to Malet. Monsieur A. le Prevost
says he prefers the phrase of Ordericus Vitalis, not seeing any
motive arising from particular relations ({' rapports particulars"}
between Harold and William Malet to induce the latter to
make the demand implied by the term " granted," employed
by William of Poitiers. M. le Prevost, however, adopts (says
the translator of Wace) the prevailing tradition that Harold's
body was confided to Malet, and also that the interment
was at Waltham : founding his belief on the concurrent
testimony of William of Malmesbury, and the Cott. MS.
Jul. D., vi., of Waltham in the British Museum. The editor of
Wace considers the reason to be a simple one, why the body of
Harold should be granted to Malet. On one hand Malet was
uncle to Harold's queen Alditha, and on the other he was
related to William of Normandy by his marriage with Hesilia
Crespin." t Benoit de St. More writes in confirmation of this
that the body of Harold was granted " to W. Malet, at his
earnest prayer, with permission to bury it where he pleased."
The anonymous continuer of Bede's Chronicle says, —
* See M. Pluquet's ed., vol. ii. pp. 205, 6.
f See Master Wace's "Conquest of England" (Malet, 1860, 410),
Appendix I.
PASSAGES IN THE LIFE AND REIGN OF HAROLD. 203
" Corpus Heroldi, matri petenti sine pretio misit, licet ilia per legates
multum obtulisset. Acceptum itaque apud Waltham sepelivit : quant
ipse Ecclesiam ex proprio constructam in honore sanctce crucis Canonicis
inplevcrat? Hygden follows in the wake : — " Corpus Haroldi matri
ejus id deposcenti, sine pretiis misif, quod ipsa apud Waltham
Monasterium Canonicorum quod ipse fundaverat sepelivit" This is
confirmed in volume three of the " Eulogium (Historiarum sive
Temporis) : Chronicon ab orbe condito usque ad annum Domini
M.CCC.LXVr' (p. 38).
The same has been recorded by Johannes de Oxenedes in his
Chronica (edited by Sir Henry Ellis, p. 38). " Corpus vero
Haraldi apud Waltham sepultus est, in ecclesia quam ipse ex
proprio construxerat." A poet of the thirteenth century
writes (4635) —
" Through the prayer of his mother,
The body was carried on a bier ;
At Waltham it is placed in the tomb
For he was founder of the house." *
An early work, supposed to have been written by Peter, of
Ickham, relates, —
" Le rei Harald cant il fust counte fist le eglise de la Sainte Croiz de
Waltham hu son cars fu porte a pres la bataille, par le grant le due
Willame a la priere sa mere"
TRANSLATION.
King Harold when he was earl built the church of St. Cross, at
Waltham, whither his body was carried after the battle, by the favour
of Duke William to his mother's prayer."f
See also Chronica Monasterii S. Albani, — " Anno Gratice
Millesimo sexagesimo sexto, Haraldus filius Godwyni, die sexto
Januarii, seipsum apud Westmonasterium Coronavit, qui, in
octavo-decimo die Octobris in bello occisus, apud Waltham juxta
Londonias tumulatur.\ (See Malmesbury, ii., 420.) Et jacet
sepultus in ecclesia canonicorum quam ipse fundaverat apud
* Lives of Edward the Confessor, &c., Ed. by H. R. Luard, (M.A.), p. 309
(1858).
t " Le Livere de Reis de Brittaine" (Glover), p. 136.
J Rishanger, Chron. Mon. S. Albani. Chronica et Annales (Riley),
P- 427-
204 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
Waltham* In the Annales de Wintonia, edited by Luard, p.
27, we have Harold after the battle quo sepulto apud Wautham
(Waltham). Roger Wendover, well known as the author of
" The Flowers of History," who flourished in the reign of King
John, affirms that Harold's mother requested the body of her
son, and William sent it to her without a ransom. The
Chronicle written by Fabyan in the latter end of the fifteenth
century remarks, —
" Thus whan Harolde hadde ruled the lande, &c., he was slayne
and was buryed at the monastery of the Holy Crosse of Waltham,
which he before had founded and sette therein chanons and gave
vnto them fayre possessyons. And here endeth for a tyme ye blod of
Saxons."
Strutt, quoting from an old work, notes, " Harold lies buried
at Waltham/'f Dr. T. Fuller says, " Let not therefore the
village of Harold on the north side of Ouse, near Bedford,
(properly Harewood or Harelswood, on vulgar groundless
tradition), contest with Waltham for this king's interment." |
The early biographer of Harold (and monk of Waltham) " is
driven," says Mr. Freeman, —
' to a very lame device indeed. He had to reconcile his beloved
fiction of Harold's escape with the tradition of his abbey which
boasted of Harold's tomb. He is therefore driven to suppose that
Eadyth found,' and the chapter of Waltham buried — a wrong, an
intruding supposititious carcase, which down to his own time had
usurped the sepulchral honours of the last of the Saxon kings. Now
this kind of stuff is simply abominable. It is neither history, nor
romance, nor criticism, nor anything else, but simply a cock-and-bull
story of the poorest kind." " To reconcile the details of the story
of the * De Inventione ' with the narrative of William of Poiton and
the Carmen is quite impossible. The mission of Osgod and
Ailric, and the intervention of Eadyth, at once become mythical.
Pure invention they probably are not ; the story has that local and
personal circumstantiality which seems to imply some groundwork
* " Annales de Bermundeseia " (Luard), p. 424.
f See " Regal and Ecclesiastical Antiquities of England," p. 6.
J " History of Waltham," p. 259. (Ed. 1840.)
PASSAGES IN THE LIFE AND REIGN. OF HAROLD. 205
of truth. Indeed the fact mentioned by William of Poiton that
Harold was ' quibusdam signis nequaquam facie, recognitus] curiously
enough agrees with the Waltham tale of Eadyth. But that tale as
a whole cannot stand ; the search and discovery by Eadyth and the
two canons clearly did not lead to an immediate burial at Waltham.
But that Harold was, after all, really buried in his own minster I am
strongly inclined to believe. If he was not, how did the tale arise ? A
tomb of Harold was one which there was very little temptation to forge.
" Harold was not an acknowledged saint, whose burial-place would
be a profitable place of pilgrimage. In the days of the Conquest
any attempt of the kind would have been put down with a strong
hand. When the tomb of Waltheof at Croyland became the scene
of miracle and pilgrimage, the Conqueror acted as vigorously as the
more recent French potentate —
' De par le Roi, defense a Dieu
De faire miracle en ce lieu.'
" An imaginary tomb of Harold could only have been set up from
motives strongly tinged with political feeling, which would have at
once kindled the wrath of the Norman Government. In later times,
when Norman fiction had had its own way, when Harold's name had
been effectually branded as perjurer and usurper, such a fabrication
would have been still less likely. But we need not inquire into this,
as Malmesbury shows that it was currently believed in the first half of
the twelfth century that Harold was buried at Waltham." *
Much bf interest on Harold's burial will be found in
the works of Camden, Rapin, Thoyras, Rastell, Tyrrell,
Keighley, Turner, Lingard, Hume, Stow, and others.
The critical remarks on Lappenberg's " History of England,"
given in the Quarterly Review for 1835, are well worthy of
a place here in extensis, likewise the MS. ballad quoted by
the late Dr. Beattie on the Battle of Hastings and burial of
Harold, but space forbids. (See "History of Castles and
Abbeys.")
Although little dependence as a rule can be placed on
the unlimited licence which all poets exercise as regard
style and colour of character, yet from the more sober and
less sentimental accounts already given on the burial of Eng-
* " Transactions of the Essex Archaeological Society," vol. ii., p. 36.
206 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
land's great king, there is really good ground for the belief that
his remains were interred within the precincts of the church
of Waltham, " which he let himself rear." Yet at the present
day it is by no means easy to determine the exact spot of his
first or last interment It is possible that during the several
alterations which took place in the abbey church from the
Norman conquest to the accession of King Henry the Second,
the body of Harold may have been removed from its
original position. The writer in the " De Inventione," specifies
that the tomb of Harold was near the high altar, and " at the
translation of whose body for the third time, according as the
state of the building of the church was such as to admit it, or
the devotion of the brethren showing reverence to the body
demanded it, I can just remember to have been present
myself."*
" This Kyng Herolde at Waltham, which he found
Of foure score chanons, full fayer was buryed
At [the] hye aulter, and as a kyng was crownde,
All yf he were intrusor notifyed,
And in batayl slayne and victoryed
Of gentylnesse the Conquerour had so,
All yf he were afore his mortal fo."
Historians of the seventeenth and eighteenth centuries have
come to the conclusion — on the statement made by Dr.
Fuller — that Harold " was buried where now (1655) the Earl
of Carlisle's t leaden fountain in his garden, then probably the
end of the choir, or rather some eastern chapel beyond it; his
tomb of plain but rich grey marble, with what seemeth a
cross-floree (but much descanted on with art) upon the same,
supported with pillarets, one pedestal whereof I have in my
house." % There is still preserved in the north aisle of the
church a coffin-shaped stone of very early date ; on the centre
is a cross in relief, nearly the full length and width of slab.
* " De Inventione Sanctae Crucis." p. 31 (Stubbs).
f James Hay, who attended James I. from Scotland on his accession
to the throne.
PASSAGES IN THE LIFE AND REIGN OF HAROLD. 207
This stone measures six feet nine inches in length, thirteen
inches wide at the feet, and much wider at the head ; it is not
early enough for Harold, although some might suppose it to
have been the one described by Fuller. The stone which
Fuller says was in " my .house," and purporting to be a portion
of Harold's tomb, is now in the possession of Mr. William
Robert Clark, of Waltham Abbey.
THE BURIAL OF HAROLD'S TOMB.
Some persons have thought that the fragment of ironstone
or Purbeck marble in question is not from Harold's tomb, but
simph* a part of the Earl's fountain ; no doubt it formed an
ornamental part of the fountain ; but Fuller knew its history
too well to suppose that it was carved on purpose for his
worthy patron's garden fountain. Mr. Farmer, nearly one
hundred years later, says this fragment "I have now (1735)
in my house." It is " a curious face or bust of grey marble
which by tradition always was, and is to this day esteemed to
be part of King Harold's tomb. This old townsman (author
of " History of Waltham Abbey," &c.), says respecting Harold,
" It is without dispute that he was buried in the garden under
a leaden fountain, where now there is a bowling-green, which
formerly belonged to the Earl of Carlisle." * We come
nearer to the supposed spot where Harold was buried as
described by Taylor —
" In Waltham Abbey on St. Agnes' Eve
A stately corpse lay stretched upon a bier.
The arms were cross'd upon the breast ; the face,
Uncover'd by the taper's trembling light,
Show'd dimly the pale majesty severe
Of him whom death, and not the Norman Duke
Had conquered ; him the noblest and the last
Of Saxon kings ; save one the noblest he ;
The last of all." f
* " History of Waltham " (Farmer, 1735, 8vo).
^Edinburgh Review, vol.lxxxix.,p.358. Taylor's " Eve of the Conquest."
208 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
Both history and tradition determine the sacred place as
being about one hundred and twenty feet from the east end of
the church, the place of sepulture of ecclesiastics and men
of high repute in the Middle Ages. If in a direct line from
the great centre aisle of the church, it would suggest the
probability of the tomb being near the grave of Mr. Jessop
or that of Col. S. C. Edenborough, J.P. All that part of
the churchyard on which stood the ancient choir of Harold's
church, and now called " the new ground," was evidently
used as a garden- by the Earl of Carlisle and Sir Edward
Denny, temp, James I. and Charles I. It was first used as a
common burial-ground early in the present century, by grant
of Sir William Wake, Bart., the then lord of the manor,
because the parishioners had not sufficient room in the old
churchyard for interments.
HAROLD'S EPITAPH.
WEAVER gives half a dozen lines " of barbarous Latin,"
expressive of the two words, Harold infelix. These are taken
from the Harl. MSS., 3776, which once belonged to the
Abbey :—
" Heu cadis hoste fero, Rex, a Duce Rege future,
Par paris in gladio, Milite et valido.
Firmini justi lux est tibi, luce Calixti;
Pronior hinc superas, hinc superatus eras.
Ergo tibi requiem deposcat utrumq. ; perennem,
Sicque precetur eum, quod colit omne Deum."
Farmer has rendered the words thus : —
" A fierce foe thee slew, thou a king, he a king in view,
Both peers, both peerless, both feared, and both fearless ;
That sad day was mixed by Firmin and Calixt ;
Th' one helpt thee to vanquish, t'other made thee languish,
Both now for thee pray, and thy requiem say,
So let good men all to God for thee call."
PASSAGES IN THE LIFE AND REIGN OF HAROLD. 209
THE DISCOVERY OF EARLY MONUMENTAL REMAINS IN
THE ABBEY.
SOME very interesting particulars relative to the remains of
"Harold (as Farmer suggests) are given by Fuller in his
" Worthies of England."* According to the account given by
Thomas Smith (an old inhabitant of Waltham, who died
1 6th June, 1604), a stone coffin of considerable antiquity was
discovered near the foundations of the Abbey Church, late in
the sixteenth century. Fuller gives the account as follows : —
" The ensuing relation written by the pen of Master Thomas
Smith, of Sewardstone, in the parish of Waltham Abbey, a
discreet person not long since deceased : ' It so fell out that I
served Sir Edward Denny (towards the latter end of the reign
of Queen Elizabeth of blessed memory), who lived in the
abbey of Waltham Cross, in the county of Essex, which at
that time lay in ruinous heaps ; and then Sir Edward began
slowly now and then to make even and re-edify some of that
chaos. In doing whereof, Tomkins, his gardener, came to
discover (among other things) a fair marble stone, the cover
of a tomb hewed out in hard stone. This cover with some
help he removed from off the tomb, which having done, there
appeared to the view of the gardener and Master Baker, t
minister of the town (who died long since), and to myself, and
Master Henry Knagg* (Sir Edward's Bailiff) the anatomy
of a man lying in the tomb above said, only the bones
remaining, bone to his bone, not one bone dislocated. In
observation whereof we wondered to see the bones still
remaining in such due order, and no dust or other filth
besides them to be seen in the tomb. We could not conceive
that it had been an anatomy of bones only, laid at first
in to tomb. Yet if it had been the whole carcass of a man,
what became of his flesh and entrails ? For (as I have said
above), the tomb was clean from all filth and dust besides
* Vide p. 320.
f Curate of Waltham. Died April 24, 1604.
210 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
bones. This, when we had all observed, I told them that if
they did but touch and part thereof that all would fall asunder
for I had only heard somewhat formally of the like accident.
Trial was made, and so it came to pass. For my own part I
am persuaded that the flesh of this anatomy to us became
invisible so likewise would the bones have been in some
longer continuance of time. Oh ! what is man then, which
vanisheth thus away like unto smoke or vapour and is no
more seen ? Whosoever thou art that shall read this passage
thou mayest find cause of humility sufficient.' "
Farmer considers this coffin to have been that of Harold's
But Gough, the great antiquary, has done his best to overturn
all that has been written respecting the remains of the great
Saxon king being discovered at Waltham. He criticises the
words of Fuller (ante) in the following manner : — " The
different accounts of the tomb ascribed to Harold at Waltham
Abbey serve but to increase the suspicion that it was that of
some religious of the house. Fuller says, ' It was of plain but
rich grey marble, with what seemed a cross fleury, but much
descanted, by art upon the same.' By his Pillorets, ' one
pedestal whereof he had in his house,' it should seem to have
been a coffin-fashioned monument raised from the ground,
a circumstance not unusual at that time. Such perhaps are
represented on the tomb of Henry I., fourth Duke of Lovain
and Brabant, 1235, in St. Peter's Church at Lovain ; and such
occur among ourselves, particularly in a north chapel at
Southwell, and the tomb of Archbishop Sewal at York, 1258.
The situation of the tomb assigned by Fuller, then probably
the east end of the choir, or rather some eastern chapel
beyond it,' is not favourable to his appropriation of the tomb,
being neither the place for founders or benefactors, nor kings ;
but rather some lady chapel, or continuation of the choir
eastward. Such a coffin with a cross rather betone was found,
1787, in the north wall of the choir, with a leaden coffin
shorter than it by eleven inches within it."*
The same writer, speaking of the fragment of stone carving
* Cough's " Funeral Monuments," vol. ii., part i., p. 105.
PASSAGES IN THE LIFE AND REIGN OF HAROLD. 211
connected with the Earl of Carlisle's fountain, remarks that
" the fragments in question were accompanied with a pedestal
of the same marble, about fourteen inches square and nineteen
high, having on two of the sides two lions rampant against
a wheatsheaf, the crest of Cecil, and other ornaments ; on the
other two sides, and through one of the corners a hole, as for
a pipe. From the particulars of the cross flueri one might
refer the coffin to an abbot."
In 1786 a coffin of Purbeck marble was discovered in the
foundation of the north pillars of the choir. It measured
seven feet and a half long by two feet five inches wide at the
head, and nineteen and a half at the feet, three inches and a
half thick, and eleven deep, shaped at the shoulders. Within
it lay a shell of thin sheet lead shaped to the body, the feet
turning up, and over the face a cross faintly marked on the
head. As soon as the lead was opened the corpse, which
before was perfectly whole, fell to pieces. The lid of the
stone coffin was six inches thick, carved with a cross boton£.
The distance at which this coffin lay from the present east
wall of the church (the north pillar of the centre tower) is
about 260 feet, so that allowing the tower to have been thirty
feet square, the length of the choir will have measured 230
feet. The fragments of the skeleton and leaden wrapper were
gradually taken away by the spectators, notwithstanding, says
Gough, the resolution of placing both them and the stone in
the church.
The history in brief of this remarkable piece of stone will no
doubt be interesting to many local readers. For a century or
more after the dissolution of the monastery this ancient relic
served as an ornament in the abbey gardens belonging to the
Denny family (1655). Dr. Thomas Fuller, the famous historian
and curate of Waltham, possessed it for some time, and
possibly he may have left it in the parsonage-house when he.
removed from the town. Dr. Uvedale, master of the grammar
school at Enfield (in 1670), saw it at " Waltham Mill ; " that
is, it was no doubt placed near the corn mill adjoining the
abbey, for we find it inserted in the wall at the entrance of
212 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
the underground passage near the church. John Farmer, the
historian of this parish, possessed it in 1735, and it was fixed
in the wall of his house on the " Bank," in Highbridge Street*
In 1768 it found its way to the great hall of the old Abbey
House. This house was destroyed by fire late in the last
century, but the relic was preserved. Gough, the antiquary,
who was always on the look-out for fragments of the kind,
possessed it. In 1780 he tells us that he received it by favour
of Sir William Wake, baronet. The fragment, however, more
than half a century since found its way back to Waltham
Abbey, and has been in the possession of W. R. Clark, Esq., of
this parish, for upwards of forty years. It has the appearance
of dark ironstone, extremely hard, and has suffered from very
rough usage at some early period.
Mr. Gough, the antiquary, had another interesting relic
belonging to this abbey, namely, the monumental brass from
the tomb of one of the Waltham abbots, but what became of
it afterwards is not known.
Within the communion rails is the tomb of an abbot of
some antiquity. It was once adorned with a fine monumental
brass, which has long been missing ; probably that possessed
by the antiquary Gough is the identical one. Round the
verge of this incised slab is an inscription in Lombardic
characters, but so worn and disfigured that no one can
decipher its meaning. Another stone adjoining it, and partly
hid by the rails, bears the following inscription : —
" Hie Haroldi in Ccenobio
Carnis Resurrectionem.
Expectat Jacobus Raphael
Gallus
Demum Scotus, demum Anglus,
Denique nihil.
Anno aetat, 70
Obit Mar. 30 Anno 1686.
* Years ago the houses in Highbridge Street, called the "Bank," stood
much higher than the road, and a ditch ran along in front of them.
PASSAGES IN THE LIFE AND REIGN OF HAROLD. 213
The epitaph may be Englished thus : —
" Here in Harold's tomb
James Raphael ;
A Frenchman,
Claimed both by Scotland and England
But now nothing.
Awaits the resurrection of the body....
Died March 30, 1686,
In the 7oth year of his age."*
There are but few representations of Harold besides those
on the Bayeux tapestry and his coins. A portrait of the
monarch may be seen in an illuminated MS. Prayer Book,
written in England about the eleventh century. It is given
in Montfaucon's "Antiquities" and Ogbourn's "Hist. Essex."
Harold is sitting on his throne, holding in his right hand a
military banner, and in his left a sceptre surmounted by a
dove. On each side of the throne is a stand, on which lies a
book open, and near each stand or lectern an angel or saint
with his hand elevated, is bestowing the benediction. Dr.
Fuller states that a "picture of King Harold in glass was
lately to be seen in the north window of the church, till ten
years since some barbarous hand beat it down, under the
notion of superstition. Surely, had such ignorant persons
been employed in the days of Hezekiah to purge the temple
from the former idolatry, under the pretence thereof they
would have rended off the lily-work from the pillars, and the
lions, oxen, and cherubim from the bases of brass. However,
there is still a place called Harold's Park in our parish (of
Waltham) by him so denominated." It appears that in 1642
the churchwardens' account-book suffered much by " the
soldiers," a note to the effect is written on the margin. Several
leaves are torn out. Probably about this time Harold's
picture was destroyed.
HAROLD'S CHILDREN.
The offspring of Harold claim our attention in these pages.
Their names are mentioned in the preceding narrative. His
* The parish register records the burial of James Raphael, April ist, 1686.
214 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
sons were Godwine, Eadmund, Magnus, and Ulf, or Wulf,
his daughters Gytha and Gunhild. It is generally believed
that these four sons and two daughters were the issue of
Eadgyth Swanneshals. Not one of the family appears to have
been exalted to anything like the position of their father.
Godwine held two lordships in Somerset, and his name is
recorded in Domesday together with Eadmund and Magnus.
The two last-named are less known in history than even
Godwine, on account of their being but youths when their
father died. Ulf or Wulf was imprisoned in Normandy, and
afterwards released by the Conqueror on his death-bed.
Much more is said of this individual of a very conjectural
nature. Gunhild, it is said, was cured of sickness by St. Wulf-
stan ; this story is told by several early writers, but when and
in what way we are not in a position to say. Gunhild is
supposed to have held seven hides of land in Sussex of
Harold. Gytha married Waldimar, King of Holingard, by
whom she had a son named Harold, from whose daughters,
Malfrid and Ingibiorg, most of the kings of the north
appear to have sprung.*
THE COINS OF HAROLD.
Harold's coins are said to be numerous, considering the
shortness of his reign. Nearly one hundred varieties of
moneyers' names have been found upon them ; and he seems to
be the only king who could always spell the word right. The
correctness of the appropriation of his coins is unquestionable
from the close resemblance of the head to that of the
Conqueror, and from circumstances of their having been twice
found in lots which contained no other coins except those of
Edward the Confessor and William the Conqueror.f
The penny of Harold bears on the reverse the mint and
the moneyer, and the type always consists of the word
"PAX," written across the field; obv., HAROLD REX ANGL.
* See Freeman's " Norman Conquest."
f " Silver Coins " (Hawkins), p. 74.
PASSAGES IN THE LIFE AND REIGN OF HAROLD. 215
Bearded bust with a ducal cap to the left ; before, a sceptre ;
rev. SNAEBEORN ON EON (Exeter) ? And across the field,
a tablet inscribed, PAX. The inner circle and the tablet com-
posed of rows of dots or pellets.* How this singular word
came to be placed on the reverse of this king, as also on that
of Edward the Confessor, William I., and Henry I., and of no
other, may be a matter of curious speculation to the antiquary.
The opinion of Sir Andrew Fountaine in Hick's "Thesaurus,"
and of Mr. Walker in Camden's " Britannia," who concur in
attributing to the son of Canute the pennies of Harold with
PAX on the reverse, is now generally deemed erroneous.t On
one of the coins the head is to the right with sceptre ; the
word PAX on the reverse is written retrograde. Harold's
coins weigh something less than 22 gr.
* Akerman's " Numismatic Manual," p. 253.
t '.' Archasologia," vol. iv., p. 359.
216
ON THE ESTABLISHMENT OF SWISS FREEDOM,
AND THE SCANDINAVIAN ORIGIN OF THE
LEGEND OF WILLIAM TELL.
BY JAMES HEYWOOD, ESQ., F.R.S.,
FELLOW OF THE ROYAL HISTORICAL SOCIETY.
FREEDOM in Europe made a considerable advance in the
thirteenth century. An interregnum occurred in Germany
from 1250 to 1273, and during that interval the King of Hun-
gary and the Count of Holland entirely freed themselves from
the homage which they had been accustomed to pay to the
German Emperor. The Hanseatic League was formed at the
same period between the cities of Lubeck, Cologne, Brunswick,
and Dantzic, for their mutual defence against the encroach-
ments of great lords,, and these towns were afterwards joined
by eighty others. Liberty was purchased for a sum of money
by the cities of Lombardy, and duly confirmed to those im-
portant centres of mediaeval civilization.
In Switzerland at that time the inhabitants of the districts
bordering on the lake of the four cantons were emerging from
a state of feudal vassalage to neighbouring nobles, and were
also struggling against the encroachments of powerful local
ecclesiastical institutions, which possessed the privilege of
immunity from taxation.
The convent of Zurich had much influence in the canton of
Uri ; the monastery of Einsiedeln, in the canton of Schwyz,
possessed large estates ; and the convent of Steinen, in the
same canton, constantly quarrelled with the peasants of its
vicinity.
A large Swiss landed property belonged to the house of
Hapsburg. Its chief, the Count of Hapsburg, was landgrave
of Argovia, and had rights of high jurisdiction in the districts
ON THE ESTABLISHMENT OF SWISS FREEDOM. 217
of Uri, Schwyz, and Unterwalden. He became Emperor of
Germany in 1273, and after the conquest of Austria he in-
vested his eldest son Albert with the Duchy of Austria.
Adolphus, Count of Nassau, was elected King of the Romans,
a title which signified that the electors intended him to succeed
after a vacancy to the empire of Germany. King Adolphus
gave the Schwyzers a charter, and issued a similar document
for the inhabitants of Uri. In 1292 Adolphus was raised to
the imperial throne, and was shortly afterwards deposed by
the Archbishop of Mayence ; the electors then appointed
Albert, Duke of Austria, to be King of the Romans. A battle
between the forces of Albert and Adolphus ensued, in which
the two rivals met in single combat, and Adolphus was killed.
In 1303 Albert became Emperor of Germany. His policy in
Switzerland was to protect the monastic institutions against
the peasants. As an instance of his power, it may be men-
tioned that he obliged the inhabitants of Schwyz to give
compensation for damages to the convent of Schennis by
fire and robbery.
Dr. Huber, of the University of Innspruck, in his able
pamphlet on the forest cantons, gives the following names of
bailiffs in those districts at the commencement of the four-
teenth century : —
The noble Werner de Attinghausen acted as bailiff of Uri
in 1294, in 1301, and in 1308 (the nth November), so that
probably no interruption of his office had taken place after he
had succeeded to the knight Arnold de Silenen. In 1302 King
Albert issued an order to the bailiff Werner de Attinghausen,
not to molest the convent of Wettingen and its people, in Uri,
in the enjoyment of their ancient privileges. Hence at that
time there was no other representative of imperial power
in the district of Uri but Attinghausen.
Under Albert a Staufacher appears to have been bailiff in
the district of Schwyz ; and the two communities of Obwalden
and Nidwalden were united, with the name of Unterwalden ;
in Albert's reign the bailiff of the united district was Rudolph
de Edisried.
218 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
Dr. Huber observes that as the Hapsburgs, in their capacity
as counts or bailiffs, had high jurisdiction over nearly all the
inhabitants of the land, whether freemen or people belonging
to the Church, the amalgamation of the different classes into
one confederacy was thereby facilitated.
On the ist May, 1308, the Emperor Albert was murdered
by his nephew, John. He was succeeded by Count Henry of
Luxemburg, with the title of Henry VII.
The new Emperor, Henry VII., confirmed the previous
charters of Frederic«II. and King Adolphus, for Uri and
Schwyz, and placed Unterwalden by a charter in a similarly
independent position. He appointed Count Werner de
Homberg to be his bailiff and administrator, but this officer
was recalled before the end of a year. Probably the forest
cantons were then placed under the governor of the lands
south of the Rhine, Count Rudolph of Hapsburg-Laufenburg,
who was succeeded by Count Eberhard of Biirglen.
Unterwalden joined the league with Schwyz and Uri.
In 1313 the Emperor Henry VII. died. During his reign
the forest cantons had been left to themselves. The commu-
nity of Uri peaceably adjusted its disputes with the Abbess of
Zurich, on account of the taxation of her immediate posses-
sions, and arranged with the monastery of Engelberg about
their interests connected with the Alps.
Convents and monasteries in Schwyz seem to have given
the inhabitants great trouble. In the case of the convent of
Steinen, the Schwyzers took no notice of the monastic immu-
nity from taxation, and the Schwyz bailiff seized a horse
belonging to the convent as a pledge for a tax which the nuns
of Steinen had refused to pay. Anna, consort of Rudolph,
the king of the Romans, in 1273 ordered this horse to be
restored to the convent ; and Rudolph, becoming Emperor,
declared the convent of Steinen to be under his protection.
A league was formed early in 1291, after the death of
Rudolph, between the people of Uri, Schwyz, and Nidwalden,
with whom, in October of the same year, Zurich became asso-
ciated. Schwyz became the moving power of the confederacy.
ON THE ESTABLISHMENT OF SWISS FREEDOM. 219
The death of the Emperor Albert in May, 1308, and the
favour of his successor, Henry VII., encouraged the Schwyzers
to enter on a violent course of action against the monastery
of Einsiedeln. They turned the people of the monastery out
of its estates, and made inroads, accompanied with murder
and robbery, into the monastic territory. Three times the
Schwyzers in armed bands attacked the monastery and
plundered its cellars.
During the interregnum which followed Henry's death in
1313, Twelfth-night was selected by the Schwyzers for a
night attack on the monastery ; the doors were broken open,
wine was drunk, and the church was robbed. Holy vessels
were destroyed, the bones of the saints were torn from their
tombs and trampled under foot, and the consecrated wafers
were strewn on the ground.
At daybreak the Schwyzers returned home with their
booty, and with the cattle which they had found. They also
took with them the monks and their servants as prisoners ;
but on the way they gave the servants freedom for a ransom,
and detained the monks for twelve weeks, when they allowed
them to be set at liberty on the intercession of the knight
Liitold of Regensberg, and of the Counts of Hapsburg and
Toggenburg, who promised not to do any harm to the
Schwyzers on account of the imprisonment.
Fortunately for the Schwyzers, the electors of a new
emperor were divided in their choice. Part of the electors
chose Duke Frederic of Austria, and another portion nomi-
nated Duke Louis of Bavaria.
In the war which followed these divided counsels, Louis of
Bavaria rejoiced to find in the forest cantons a powerful ally
within the Austrian territory ; and when the Abbot of Ein-
siedeln had excommunicated the Schwyzers, Louis released
them from the ban of the empire, and persuaded his powerful
partisan, the Archbishop of Mayence, to promise absolution
from the sentence of the Church.
A breach was inevitable with Austria, when the Swiss con-
federates had openly sided with Louis. An Austrian army
220 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
under Duke Leopold, brother of Frederic, on Nov. I5th;
1318, entered the defiles between the Lake of Algeri and
the Mountain of Morgarten.
The Austrian soldiers were about to climb that narrow
mountain road, when suddenly loose stones and trunks of
trees were rolled on the closely thronged cavalry, by a
division of peasants arranged on the side of the acclivities-
The knights had no firm position on the hard frozen ground
and were completely unable to resist ; whilst the peasants, pro-
vided with pointed nails on the heels of their shoes, advanced
with the greatest security. Their halberds, swung by strong
arms, shattered the firmest armour, and beat everything down.
Many of the Austrians threw themselves into the lake, and
the flower of Leopold's knighthood lay dead on the ground.
The victory of the confederates was celebrated in a devout
manner ; the free Swiss ascribed the honour to God, and re-
solved to celebrate the day as a religious festival dedicated
to the Virgin Mary. A new league was formed among the
confederate cantons, and a truce was concluded with the
Duke of Austria.
Gradually the people of the forest cantons became free
from every control except the authority of the German
empire.
One of the eye-witnesses of Duke Leopold's return to
Winterthur, after the battle of Morgarten, was John of
Winterthur, the oldest Swiss writer on the insurrection of
the forest cantons. He became a monk, and in 1340
commenced a chronicle which extended from the time of
Frederick II. to 1348, and has become a primary source of
information for that period of Swiss history.
This monkish chronicler was a contemporary and near
neighbour of the Schwyzers of that time ; he is very diffuse
respecting the battle of Morgarten and the events connected
therewith, but altogether silent as to any magistrate being
sent to, or murdered in, the forest cantons, as well as with respect
to any individual of the name of Tell ; and he makes no
allusion to any " shot " at an apple on a boy's head.
ON THE ESTABLISHMENT OF SWISS FREEDOM, 221
Another contemporary historian, the abbot John of Victring,
near Klagenfurt, one of the confidants of Duke John II. of
Austria, gave a matter-of-fact description of the state of
affairs in 1315, and although one of the best informed men of
his time, made no mention either of the expulsion of magis-
strates or bailiffs, or of Tell's exploits.
In 1420, Conrad Justinger, who had been nine years city
secretary in Berne, undertook a chronicle, at the request of the
town council of Berne, showing that Uri belonged to the
convent of Zurich, and that Schwyz and Unterwalden were
under the jurisdiction of the counts of Hapsburg ; he clearly
distinguished the first revolt from the second, which led to the
battle of Morgarten ; and he traced the two insurrections to
the unjustifiable demands and excesses of the bailiffs and
their officials.
Yet this well-informed chronicler, a citizen of a town allied
with the three forest cantons, and therefore a representative of
anti-Austrian views and traditions, mentions neither William
Tell nor the assassination of any magistrates.
Another chronicle, narrating events between 1240 and
1462, was compiled at a somewhat later period by one or
more members of the noble family of Klingenberg of
Thurgovia, and is equally silent about either the violence of
the bailiff in the forest cantons or about William Tell.
Melchior Russ, clerk of the Tribunal of Lucerne, in 1482
compiled a '•' confederate chronicle," in which he states that
William Tell had been ordered by the bailiff of the district to
shoot an apple from off his own son's head, under menace of
being put to death if he should fail in the attempt ; and he adds,
" You will learn from a song what occurred in that respect."
The chronicle of the white book (compiled 1467 — 1476)
narrates the story of William Tell, and doubtless formed a
basis for the " chronicle of the confederacy," completed in 1507
by Petermann Etterlin, secretary of the Tribunal of Lucerne.
Dr. Huber, of the University of Innspruck, in his able
pamphlet on the forest cantons and on William Tell, observes
that from the song mentioned by Russ the narrative was
222 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
derived of Tell's imprisonment and Gessler's overthrow, as
there is both in Russ and in other chronicles " a certain
resonance of metrical compositions/' The most ancient song
known at present relating to Tell does not date earlier than
1477-
No authority, either written or oral, of more ancient date
than the end of the third quarter of the fifteenth century can
be produced as a base for the tradition of Tell, a legend at
that time relating to events at least a century and a half old.
The archives of the canton of Uri have been carefully
examined by .Kopp, for the purpose of ascertaining if a
family named "Tell" ever existed in that canton, but there is
no trace of any " Tell " in Uri before the end of the seven-
teenth century, and the name of William, or " Wilhelm," is very
seldom seen in German-Swiss documents of the thirteenth and
fourteenth centuries ; that name even up to the present time
having never become an ordinary or popular Christian name
in the three forest cantons. It occurs, however, in the English
archery ballad of " William of Cloudesly."
With respect to Switzerland, historical criticism proves that
there is no Swiss foundation for the shot at an apple attributed
to William Tell, nor had such a legend any influence on the
gradual establishment of the independence of the forest cantons.
More extended research shows that legends of wonderful
feats of archery similar to the story introduced into Switzer-
land had been previously narrated in other countries.
Among the " curious myths of the Middle Ages," Mr. S.
Baring Gould, M.A., mentions a Persian poet, Farid Uddin
Attar, born in 1 1 19, who had described a king shooting an
apple from off the head of a beloved page ; and in his poem
called " The Language of Birds," it is stated that the boy died
of fright, although the arrow had not even grazed his skin.
Saxo Grammaticus, towards the end of the twelfth century,
at the request of Archbishop Absolon of Lund, compiled a
Danish history, which, according to Professor Huber of
Innspruck, was replete, in its more ancient portions, with tra-
ditions and legendary fables.
ON THE ESTABLISHMENT OF SWISS FREEDOM. 223
Professor Huber mentions from this Danish work that a
great banquet was given by King Harold of the blue teeth
(who reigned A.D. 935 — 985), at which one of the royal
archers, Toko, boasted that he was so skilful, that at the first
shot he would pierce the smallest apple that could be placed
on a stick.
The king, hearing of this, ordered that the vaunting bow-
man's own son should bear the apple, with the understanding
that if the first shot proved unsuccessful, Toko's own head
should answer for so absurd a self-glorification.
Nothing daunted, Toko exhorted his son to stand motion-
less, took three arrows from his quiver, and with the first
arrow succeeded in safely accomplishing the feat. On being
asked by the king why he had taken several arrows from the
case, as only one could be shot off, Toko replied, —
" In order to revenge on yourself by the sharp points of the
other two the failure of the first."
Harold became some time after outrageously cruel, and
oppressed his subjects with excessive imposts, until the
people rose against him, and placed his son Sweyn on the
throne — the tyrant himself having been mortally wounded in
a forest thicket by the archer Toko.
When Christianity was introduced into Norway, tradition
relates that King Olave Trygvason (995 — 1000) endeavoured
to convert Eindridi Ildbreidt, one of his governors, to the
new religion, and induced him to consent to be baptized .in
the event of his being overcome by the king in the three arts
of swimming, shooting with the bow, and in certain per-
formances with short knives.
As Eindridi was regarded as a more skilful bowman than
the king, the latter proposed that they should shoot at a
chessman placed on the head of a boy greatly beloved by
Eindridi.
The king hit the mark, but his arrow grazed the boy's
forehead and made it bleed. Thereupon Eindridi, at the
request of the mother and sister of the boy, refrained from
aiming at the same object, and avowed himself conquered.
224 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
Old northern legends narrate a similar command given by
the Norwegian king, Harold Hardradi, who paid a visit to
Aslak, the governor of Torg Island and challenged his son
Fleming to a contest in archery. The youth possessed re-
markable skill, and the king ordered him, under penalty of
death, to shoot at a hazel-nut placed on the head of his
brother Biorn, and the feat was successfully performed.
Fleming requested the king to place himself alongside of
Biorn, an invitation which was declined.
When Harold invaded England in 1066, Fleming sided
with the English natives, and so well designated by an arrow-
shot, the place where the king was standing, that another
archer was able to recognise the monarch, and mortally to
wound the royal invader.
An Icelandic legend, written in the middle of the thirteenth
century, termed the " Wilkina Saga," describes a King
Nidung as desirous of ascertaining whether a bowman Eigill
was as skilful as had been reported ; so he had an apple
placed on the head of Eigill's son, a child of only three years
old, and he ordered the father to shoot one shot at the apple.
Eigill took out three arrows, feathered them, laid one across
the string, and pierced the apple in the core. On being asked
why he had taken out three arrows, as he was only allowed to
shoot one, he answered, —
" My lord, I will not lie to thee ; if I had hit the boy, these
two arrows would have found their way to thee."
This reply was taken in good part by the king, who de-
clared to all present that the man had spoken justly.
At Stormarn, in Holstein, a story was formerly current that
in the time of King Christian I., a rich man, Fleming Wulf,
dwelt in the parish of Wewel's-flet, who was the captain and
leader of the march when the people of that district rebelled
against their sovereign. Being defeated and brought as a
captive into the presence of the king, who knew his prisoner
to be a skilful archer, Wulf received the royal order to shoot
an apple from his own son's head, the king promising to be
merciful if the shot proved successful.
ON THE ESTABLISHMENT OF SWISS FREEDOM. 225
Wulf, compelled to obey, sent for his bow and his son, and
safely performed the exploit. He had, however, placed a
second arrow in his mouth, and on being asked for an ex-
planation, stated that if the boy had been injured he would
have aimed that arrow at the king himself. This reply drew
down the royal displeasure on Wulf, who was obliged to take
to flight.
In the legend current in the Faroe Islands King Harold
had heard of the prowess of Geyti, a son of Aslak, and he
bids the young archer shoot a hazel-nut from off his brother's
head. Geyti consents, and invites the king into the forest to
witness his dexterity.
" On the string the shaft he laid,
And God hath heard his prayer ;
He shot the little nut away,
Nor hurt the lad a hair."
The king on the following day inquires, —
" List thee, Geyti, Aslak's son,
And truly tell to me,
Wherefore hadst thou arrows twain
In the wood yes'treen with thee ? "
and the bowman replies, —
" Therefore had I arrows twain,
Yestreen in th' wood with me,
Had I but hurt my brother dear,
The other had pierced thee." *
In England the success of a skilful archer in shooting an
apple on his son's head is described in the old ballad of
Adam Bell, Clym of the Clough, and William of Cloudesley.f
These three Anglo-Saxon foresters had infringed the severe
Norman game laws, and after various acts of violence, they
* Gould's " Curious Myths of the Middle Ages," p. 1 14. (Rivingtons,
London.)
f Percy, " Reliques of Ancient English Poetry."
226 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
submitted themselves to the king and were pardoned at the
queen's intercession. William of Cloudesley proved his skill
by shooting an apple on his own son's head, at a distance of
1 20 paces, in the royal presence ; and the king exclaimed,
" God preserve me from ever serving as an aim to thee ! " He
admitted Cloudesley and his brethren in arms into the royal
archer guard.
Near the Rhine a similar tradition prevails, the hero, accord-
ding to Professor Huber, being Puncher, of Rorbach, in the
bishopric of Worms. Puncher was compelled to shoot at a small
coin called a denar, placed on his own son's head, and he had a
second arrow in reserve, with which he declared that he had
intended to kill his oppressor, if the boy, "at the instigation of
the devil," should have perished by the first arrow.
Thus in Denmark, Norway, Iceland, Holstein, the Faroe
Islands, England, Rhineland, and Switzerland — all eight
countries more or less of Scandinavian origin — the legend had
been known to the inhabitants. The form of a song was the
favourite mode of preserving the recollection of the brave
archer, and without doubt such a song found its way into
Switzerland.
Inquiries into local records afford no historical basis for the
Swiss myth. Kopp has shown that no Hermann Gessler
existed in the forest cantons at the period, and that the name
of Tell did not occur in any record of Uri in the fourteenth
or fifteenth century.
According to Kopp, the narratives relating to Tell are not
proved sufficiently to remove these accounts from the twi-
light of tradition into the noonday of historical certainty.
Mr. George de Wyss, of Zurich, is mentioned by Dr. Huber
as one of the principal contributors to the elucidation of the
ancient condition of Switzerland. The deeds of a people and of
a Government, in the opinion of M. de Wyss, must take the
place of dramatic feats, and districts instead of individuals
must be the centres of popular advancement.
A shorter history of Switzerland is recommended by M. de
Wyss, and the advice so given is now followed by a recent
ON THE ESTABLISHMENT OF SWISS FREEDOM. 227
Swiss history in French being published without any reference
to William Tell. The course of Swiss national independence
flows on uncoloured by any Scandinavian legend.
Morgarten in 1315 was succeeded by the battle of Laupen
in 1339, and the crowning victory of Sempach in 1386 ; and
Arnold of Winkelried, the hero of Sempach, is remembered by
all true patriots, as one of the bravest men whose names are
recorded on the pages of Swiss history.
228
THE HISTORY OF LANDHOLDING IN IRELAND.
BY JOSEPH FISHER, ESQ.
FELLOW OF THE ROYAL HISTORICAL SOCIETY.
IN the paper which I read last year upon the History of
Landholding in England, I described the principles which un-
derlie the distribution of land among the aboriginal inhabitants,
the primal occupiers of the soil. It is not necessary that I
should now dwell at much length upon that portion of the
subject. I would, however, refer to two authorities which have
weight in relation to the allotment of lands.
Sir William Blackstone says, vol. ii., p. 3, —
" By the law of nature and reason he who first began to use the
land acquired therein a kind of transient possession, that lasted as
long as he was using it and no longer ; or to speak with greater pre-
cision, the right of possession continued for the same time as the act
of possession lasted. But there is no foundation in nature or natural
law why a set of words upon parchment should convey the dominion
of land ; why a son should have a right to exclude his fellow-crea-
tures from a determinate spot of ground because his father had done
so before him."
A more recent writer, Kenelm E. Digby (" History of the
Law of Real Property," p. 3), says, —
" However its origin is to be accounted for, this idea as to pro-
perty in land is nearly universal in primitive communities. The
land is regarded as the property of the community at large, and indi-
viduals as a general rule have only temporary rights of possession or
enjoyment upon the lands of the community. The land is public
land — agerpublicus, — folc-land, or land of the people. Dealing with
folc-land is the most important of the functions of the chief of the
community in time of peace. In dealing with it he always acts, not
as supreme landowner, but as the head of the community, in con-
junction with the leaders of the second rank."
THE HISTORY OF LANDHOLDING IN IRELAND. 229
My inquiries — I can hardly call them studies — led me some
years ago to attempt a sketch of the changes in the system of
landholding in the various countries of Europe; since then abler
minds have worked in the same field. As I pursued my in-
quiries I thought the systems fell into groups, and that the
similarity was mainly owing to race ; identical institutions are
traceable among kindred races. The necessities of humanity
were similarly expressed. Land is the sustainer of life.
In the language of the "Senchus Mor" it is "perpetual man."
Hence arose the need of appropriating a portion to every man,
who would otherwise owe his life to him who possessed the
land and supplied him with food.
Time is a solvent ; the increase of population, the division of
labour, the growth of exchange of products, led to some changes.
The necessities of conquest set aside primeval ideas. The
stronger lived upon the labour of the weaker. Invaders carried
their customs with them, and abnormal systems were sub-
merged in the deluge. The same usage will sometimes be
found in two or more countries, but if the matter is followed up
it will be found to proceed from the same cause. The metayer
system of parts of France and Italy is clearly traceable to
the inroads of the Burgundians ; they formed two armies,
one of which settled in France, the other in Italy, and under
the name of Hospitalities, or payments from the farming occu-
pants of the conquered lands, exacted a stated annual portion
of the produce of the land ; hence the word metayer, to measure.
My inquiries led me to group the land systems ; there are
the Celtic, the Gothic, some prefer using the term Teutonic,
but the Teutons were not one of the ancient races ; the
Scandinavian, the Sclavonian, the Mongolian or Scythic, and
those of the peninsulas, Turkey, Spain, and Italy, which have
been more frequently overrun than the northern parts of
Europe, and to whose inhabitants older historians apply the
term Scythic, but the inhabitants of the shores of the Mediter-
ranean should not be confounded with the Scythians of
Northern Asia.
The diffusion of men consequent upon the confusion of
230 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
tongues led the sons of Japheth * to settle in Europe, while
those of Shem and Ham took Asia and Africa. The seven
sons of Japheth were Corner, from whom the Celts are de-
scended ; Magog, the Mongols or Scythians ; Madai, the
Sclaves ; Tubal, the Goths ; Tims, the Scandinavians ; Javan
and Mesliecli, the inhabitants of the isles of Greece, Turkey,
Italy, and Spain,t who were called Scythians, but must not be
confounded with the Mongols, or Magode, who are traced by
Josephus to Magog.
Some recent writers overlook the most ancient and trust-
worthy of histories, and prefer the writings of Herodotus or
Strabo to those of Moses. The latter are, in my opinion,
more authentic, and tell us that the descendants of Noah
peopled the whole earth. The new theory of develop-
ment, which is pushed very far, not only with regard to the
origin of the human race, but to the origin of institutions,
* Gen. x. 2 — 5 : " The sons of Japheth ; Corner, and Magog, and
Madai, and Javan, and Tubal, and Meshech, and Tiras. And the sons
of Corner; Ashkenaz, and Riphath, and Togarmah. And the sons of
Javan ; Elishah, and Tarshish, Kittim, and Dodanim. By these were
the isles of the Gentiles divided in their lands ; every one after his tongue,
after their families, in their nations."
j- The Israelites and the Jews continued to apply to the races inhabiting
the shores of the Mediterranean the names of their ancestors. Thus
Isaiah, chap, xxiii., in predicting the fall of Tyre, says, " Howl, ye ships
of Tarshish; for it is laid waste, so that there is no house, no entering
in from the land of Chtttim" And again, chap. Ixvi. 19, " I will send
those that escape unto the nations, to Tarshish, Pul, and Lud, that draw
the bow, to Ttibal, and Javan, to the isles afar off." This was
written about 1,700 years after the deluge, but it shows that the Jews of
that day preserved the nomenclature of a bygone age, and attributed the
settlement of the Mediterranean to the sons of Japheth, three of whom are
stated by name in the latter passage. Ezekiel, speaking of Tyre (chap,
xxvii.), writes, " Tarshish was thy merchant by reason of the multitude of
all kinds of riches ; with silver, iron, tin, and lead, they traded in thy
fairs. Javan, Tubal, and Meshech, they were thy merchants : they
traded the persons of men and vessels of brass in thy market. They
of the house of Togarmah traded in thy fairs with horses and horsemen
and mules. The men of Dedan \_Dodanim~\ were thy merchants ; many
isles were the merchandise of thine hand."
THE HISTORY OF LANDHOLDING IN IRELAND. 231
traces man to the monkey ; those who advocate this theory
have never shown when the power of developing monkeys
into men, if it ever existed, ceased. If it existed it would
continue ; and unless they can produce a man-monkey, or a
monkey-man, they fail to prove that a monkey ever developed
into a man, and leave the Biblical narrative intact.
Language and institutions have followed the path of
conquest. Mr. Latham, one of the most painstaking writers
of philology, asks (" Elements of Philology/' p. 611), —
" Has the Sanskrit reached India from Europe, or have the
Lithuania, the Slavonic, the Latin, the Greek, and the German,
reached Europe from India ? If historical evidence be wanting, the
& priori presumption must be considered. I submit history is silent,
and that the presumptions are in favour of the smaller class having
been deduced from the area of the larger, rather than vice versa.
If so, the situs of the Sanskrit is on the eastern or south-eastern
frontier of the Lithuanic, and its origin is European." He adds, " A
mile is a mile, and a league a league, from whatever end it is measured ;
and it is no further from the Danube to the Indus than from the
Indus to the Danube. . . . The fact of a language being not
only projected, so to say, to another region, but entirely lost in its
own, is anything but unique. There is no English in Germany.
A better example, however, is found in the Magyar of Hungary, of
which no trace is to be found within some 700 miles of its present
area. Yet the Magyar is not twelve hundred years old in Europe."
The absence of English from Germany, is quite in harmony
with my assertions that the Anglo-Saxons were Scandinavian,
and that there was a complete migration of the Jutes, the
Angles, and the Saxons, from the north of the Elbe into
England, in the fifth and sixth centuries.
Looking at settlements from a philological point of view,
it appears that the use of duplicate words is evidence of
conquest; that such words as omnipotent, almighty,
omniscient, all-seeing, ox, beef, sheep, mutton, bear the impress
of two races, the conqueror and the conquered. Institutions
bear the same imprint, though it is more difficult to separate
their component parts than it is to follow the stream of
232 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
language ; but if we could follow back the branch to the
trunk, we should arrive at the point of separation, which
is also the point of union.
Herodotus gives the Celts the large domains of Central
Europe north of the Danube, extending from the Black
Sea to the ocean. There has been a westward movement of
ancient races ; the Mongols have possessed themselves of
parts of the land of the Scandinavians and the Sclaves, the
Scandinavians, of some of those of the Celts, the Sclaves have
taken those of the Goths, the Goths have swarmed over into
Celtic possessions, and also into the peninsulas of Italy and
Spain ; while the Turks, the only Asiatic rulers in Europe,
have held for several centuries part of the domains of the
Southern Scythians. I have depicted upon maps of Europe
the location of these races, in ancient and in the present time,
and may perhaps publish them and the result of my re-
searches at some future time.
My present task is to deal with that portion of the Celtic
race which settled in Ireland, and where, being out of the high
road of invasion, the ancient institutions remained uneffaced
long after they had disappeared elsewhere. The general
characteristic of the Celts was an unwarlike disposition ;
being the original occupiers of fertile regions, they spread
westward, yet found nothing to war with, hence there was an
absence of any domineering or defensive organization. Their
institutions appear to have been expressed in the cry of
Celtic France at the end of the eighteenth century, " Equality,
Liberty, Fraternity." The descendants of Gomer, the parent
of the Celts, broke up into separate families, each governed
by a patriarch; disintegration was followed by integration, the
family grew into the clan, sept, or tribe which was the joint
owner of the land occupied by the progenitor, with a
life possession to each of his descendants. There was a
distinct limitation of the lands to the whole of his descendants,
not to one portion to the detriment of others, each gene-
ration had the power of apportionment for life, and hence a
dissimilarity in the size of the possessions. The lands be-
THE HISTORY OF LANDHOLDING IN IRELAND. 233
longed to the Commune, the primal owners, but were appor-
tioned to the individuals composing the Commune, according
to their age and worthiness. This arrangement relates, how-
ever, solely to land which was created for the use of man, and
did not affect chattels, which being the products of each
man's industry, or the result of his self-denial, were his
property and at his own disposal.
The necessity of combined action for defensive purposes
led to the union of tribes under a common chief, but each
preserved its own leader and usages, and hence,, arose what is
called "Customary laws." These were at various times col-
lected and written down, and form the basis of the Brehon
code, from the Brehons or judges who were instructed in and
administered it. The land system is called Tanistry, from the
Tanist, an officer elected to succeed the chieftain, whose main
office was to divide the land of the tribe among the living
members thereof; he was, in fact, a trustee and heir to the land
of each of the sept or clan, and made such a division as
suited the circumstances of the case. I shall hereafter de-
scribe that process in detail.
Ireland appears to have become known to the Greeks about
200 years B.C.; they gave it the title of " Juveonei ; " Caesar
calls it " Hibernia," and says it was about half the size of
England. Ptolemy gives a map of Ireland, which is superior
in accuracy to that of Scotland. The Belgae had colonized
the eastern coasts of England about two centuries before
Caesar's invasion. It is supposed that they settled in Ireland,
where they were called Firbolgs ; the Romans called them
Scuti, and the land Scota, by which name it was known in
Europe until the twelfth century.
Hume, who evidently considered the Gauls and Irish were
Celts, writes (Essay xi. vol. ii. p. 463), —
" We are informed by Caesar that the Gauls had no fixed property
in land, but that the chieftains, when any death happened in a
family, made a new division of all the land among the several
members of the family. This is the custom of tanistry which so
long prevailed in Ireland."
234 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
Tacitus, who wrote A.D. 78, says of Ireland, —
" The soil and climate, and the disposition and habits of the
people, differ not much from Britain ; the approaches to the country
and its ports are better known through the commercial intercourse
of merchantmen."
This implies a state greatly in advance of that which pre-
vailed either in Gaul or Britain.
The Psalter of Cashel asserts that Milesius, who had thirty-
two sons, of whom eight arrived in Ireland, landed in that
country 1,300 years before the birth of Christ. Amongst the
successors of the sons of Milesius, were Heber-Heremon and
Ish, and Gadelas, from Gawth Del, a lover of learning ; of
these kings it is said, —
" A hundred and ninety-seven years complete
The Tuatha ah Danaus, a famous colony
The Irish sceptre swayed."
The most celebrated of these monarchs was Ollamb Fodhla,
who reigned A.M. 3082. Keating, the historian, says, —
" He summoned his principal nobility, his Druids, the poets, and
historiographers to meet him in a full assembly at Tara once in every
three years, to revise the body of the established laws, and to change
or correct them as the exigence of affairs required ; in testimony of
this I shall produce the following verses of great antiquity, and to
be found in writings of good authority : —
" The learned Ollamb Fodhla first ordained
The great assembly where nobles met,
And priests, and poets, and philosophers,
To make new laws and to correct the old,
And to advance the honour of the country.'"
Plowden ("Historical Review of Ireland," p. 15) thus
describes the assemblage of the Irish chapters in the reign of
Ollamb Fodlah:—
" Under him was instituted the great Fes at Tramor or Tarah,
which was, in fact, a triennial convention of the States or Parliament,
the members of which consisted of Druids and other learned men
who represented the people in that assembly. Thus the monarch
and the provincial and other kings who had the executive power in
THE HISTORY OF LANDHOLDING IN IRELAND. 235
their hands on one side, and the philosophers and priests, together
with the deputies of the people on the other, formed the whole of
the ancient legislature. They particularly devoted themselves to the
examination and settlement of the historical antiquities and annals
of the kingdom; they were rehearsed and privately inspected by a
select committee of the most learned members. When they had
passed the approbation of the assembly they were transcribed
into the authentic chronicle of the nation, which was called the
register or Psalter of Tara/i."
The seats of the members of the great council were
indicated by hanging their coats of arms on the wall over
them, thus evincing a complete knowledge of heraldry.
The Brehon Code dates as far back as the reign of Ollamb
Fodhla, 850 B.C., and existed unbroken until the invasion of
Henry II., 1171 A.D., a period of over two thousand years. It
continued to be the law of that portion of Ireland not under
English rule until 1603, when it was abolished by resolutions
of the Irish judges. Ollamb Fodhla was a contemporary of
Hezekiah king of Judah. The codification of the Irish laws
took place before the Median kingdom arose, before the
Grecian republics were formed, before Rome was founded.
Being based upon principles of natural justice, and suited to
the requirements of humanity, it survived the fall of these
greater states, and was displaced to make room for a system
which does not possess the same advantages, but gives the
control of the land to a small class, and leaves the mass of
the people to struggle for its possession.
The history of landholding in Ireland possesses an
additional attraction, it throws light upon the earlier in-
stitutions of the Celtic race. The Irish were not an
unmixed race. The pre-Christian period of Irish history
is marked with traces of an invasion from the Mediter-
ranean, most probably of a Semitic character, and the post-
Christian period has distinct traces of evangelization direct
from Syria. Those problems in stone, the Irish round
towers, which have excited the curiosity and study of so
many learned men, without affording a tangible solution, have
236 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
always appeared to me to be of Semitic origin. The poetic
remains of Irish history point to an invasion of Ireland from
Egypt, on the expulsion of the dynasty when " a king arose
who knew not Joseph." The milder climate of the East
permitted the unroofed existence of the sacred fires, which
in the humid climate of Ireland required some covering ;
the round towers, from their elevation, would display the
sacred gleams to large districts. The introduction of Christi-
anity naturally led to the erection of the church in proximity
to the round tower, and in some cases to its use as a belfry.
The abrasions from the friction of a rope or chain on some
of the window-sills prove that there was a rude adaptation of
an existing edifice to more modern requirements.
The land system of the earlier Irish race is described by
the term TANISTRY. It is derived from the office of the
Tanist, whose duty was to divide the land of the sept or
tribe among the members. The tribe selected the tanist,
who succeeded to the chiefry upon the death of the chief.
I shall have to refer to his mode of election and duties
further on, but it may be convenient to divide the subject
into the following : —
ist The Tanistry, or Communal.
2nd. The Scandinavian, or Mixed.
3rd. The Norman, or Feudal.
4th. The Stuart, or Confiscation.
5th. The Hanoverian, or Unsettled.
6th. The Present.
PART I.— THE TANISTRY OR COMMUNAL PERIOD.
The term tanistry was applied to a system of landholding
in which the land belonged to the commune while possession
was given to the individual. It took its name from the Tanist,
who was next in point of rank and influence to the chieftain, and
succeeded to the vacant chiefry. He was elected by the sept
or lineage, and was the distributor of its lands. The
Tanistry system, though communal, inasmuch as no man held
the land in severalty, differed in many respects from the
THE HISTORY OF LANDHOLDING IN IRELAND. 237
village communities of Russia and India. It approached very
nearly to that of New Zealand. The ancient Irish law tracts,
to which I shall hereafter call your attention, neither enact
nor describe it. The system appears to have been antecedent
to any written law, and to have been recognised as an existing
institution in the same way that customs in England prove
common law rights which rest upon the lex non scripta.
The descriptions which we possess of this system are com-
paratively modern, and they are written by strangers, Edmund
Spenser in the reign of Queen Elizabeth, and Sir John Davis
in that of James I. The latter filled the office of attorney-
general, and both looked upon the Irish Tanistry system as
uncouth and barbarous.
The customs of the Irish people, as described by Spenser
and Davis, must have been more or less tinged by the inter-
mixture of Scandinavian, Norman, or feudal ideas, from con-
tact with the Easterlings, the Danes, and the Anglo-Norman
invaders, who had partly occupied or ruled the country for
several hundred years before Spenser. Yet its inherent
vitality, and its thorough adaptation to the wants of humanity,
preserved it intact. The author of " The Faerie Queen "
was an Irish landholder, resident on the borders of the counties
Cork and Waterford. In his "View of Ireland," he thus
describes the system of tanistry which existed at that time : —
" There be many wide counties in Ireland which the laws °f
England were never established in, nor any acknowledgment of sub-
jection made, and also even those which are subdued and seem to
acknowledge subjection, yet the same Brehon law is practised
amongst themselves by reason that dwelling as they do, whole nations
and septs of the Irish together, without any Englishman among them,
the Irish say that their ancestors had no estate in any lands, seign-
ories, or hereditaments, longer than during their own lives, as they
allege, for all the Irish do hold their land by tanistry, which is (say
they) no more but personal estate for his lifetime, that is tanist, by
reason that he is admitted thereunto by election of the country.
" It is a custom among all the Irish that presently after the death
of any of their chief lords or captains they do presently assemble
themselves to a place generally appointed and known unto them, to
238 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
choose another in his stead, when they do nominate and elect for the
most part not the eldest son, nor any of the children of the lord
deceased, but the next to him of blood that is the eldest and worthiest,
as commonly the next brother unto him if he have any, or the next
cousin, or so forth, as any elder in that kindred or sept, and then next
to him do they choose the next of the blood to be tanist, who shall
next succeed him in the said captaincy if he live thereunto.
" They use to place him that shall be their chieftain upon a stone
always reserved for that purpose, and placed commonly upon a hill,
in some of which I have seen formed and engraven a foot, which
they say is the measure of their first captain's foot, wherein he stand-
ing receives an oath to preserve all the ancient former customs in-
violable, and to deliver up the succession peaceably to his tanist, and
then hath a wand delivered unto him by some whose proper office
that is ; after which descending' from the stone he turneth himself
round, thrice forward and thrice backward.
" For when their captain dieth, if the seignory should descend to
his child, and he perhaps an infant, another might peradventure step
in between and thrust him out with a strong hand. The tanist is
always ready known, if it should happen the captain suddenly to die,,
or to be slain in battle, or to be out of the country to defend and
keep it from all doubts and dangers. For which cause the tanist
hath also a share of the country allotted to him, and certain cuttings
and spendings upon all the inhabitants under the lord."
It is well to bear in mind that this description of the
inauguration of the tanist, the object of his appointment, and
the duties he was expected to perform, is from the pen of an
Englishman, and written in the latter portion of the sixteenth
century, after an interval of several hundred years from the
landing of Henry II., which event followed three centuries of
struggle against the Danes and Easterlings.
A few years later, in the early part of the seventeenth
century, Sir John Davis, also an Englishman, who occupied
the position of attorney-general to James I., and who looked on
the existing system as a lawyer, wrote thus ("Reports," p. 134): —
" First, it is to be known that the land possessed by the mere
Irish were divided into several territories or counties, and the
inhabitants of every Irish county were divided into septs or lineages.
THE HISTORY OF LANDHOLDING IN IRELAND. 239
Second, in every Irish territory there was a lord or chieftain, and
a tanisty who was his successor apparent; and of every Irish sept
or lineage there was also a chief, who was called Cean Finny (Cean
Fini). Third, all possession within these Irish territories ran always
in the course of tanistry, or in course of gavelkind. Every
seignory or chiefry, with the portion of land which passed with it,
went without partition to the tanist, who always came in by election or
strong hand, and not by descent ; but all the inferior tenancies were
partible between the males in gavelkind. Yet the estate the lord
had in chiefry, or the inferior tenants had in gavelkind, was not an
estate of inheritance, but of temporary or transitory possession.
For as the next heir to the lord or chieftain was not to inherit the
chiefry, but the eldest and worthiest of the sept, who was often
removed or expelled by another who was more active and strong
than he, so the lands of the nature of gavelkind were not partible
among the next heirs male of him who died seised, but among the
sept in this manner : — The Caen finny or chief of a sept (who was
commonly the most ancient of the sept), made all the partitions at
his discretion ; and after the death of any ter-tenant, who had a
competent portion of land, assembled the sept, and having thrown all
their possessions into hotchpot, made a new partition of all, in which
partition he did not assign to the son of him who died the portion
his father had, but he allotted to each of the sept according to his
seniority the better or greater portion ; these portions or purparties
being so allotted or assigned were possessed and enjoyed accord-
ingly until a new partition was made, which at the discretion or will
of the Caen finny was to be made on the death of each inferior tenant."
The great difference between gavelkind and tanistry* lay in
this, — the former, gavelkind, divided a man's land between his
sons, each of whom thereby acquired as large an estate in his
separate portion as his father had, and on his death it was
again divided between the sons of each of them, it being
essentially a division per stirpes. The latter, tanistry, did not
give a man's land to his sons, it reverted to the sept, and each
of the sons got a portion of the lands of the sept, but it was
only a life enjoyment. Under gavelkind there was ownership
in severalty, which did not exist under tanistry.
* The proper term would be Gablcach cime.
240 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
The tanistry system seems to have been based upon the
idea expressed in Sir John Davis's description, lineage; the
land had been the possession of some remote ancestor and all
his lineage were provided for out of it. The Caen finny and
tanist appear to have held the same office, and its main
function was the equitable division of the land among the
lineage of the far-away original chieftain. It may sound
trite to say that even now every man has only a life possession or
life estate, for all love to think that they can exercise a sort
of ownership over their lands after death has put them out of
possession. This right had no place in the tanistry system, a
man enjoyed the land allotted to him while he lived, but when
he died the living dealt with it as they deemed best for their
own interests.
But this system went further. " Land was to them perpetual
man," the staple of his existence, therefore every one of the
lineage possessed his share for life. The lands of the chief did
not descend to his children, they with his office went to the
tanist, the lands of the tanist to his successor. All the other
lands of the sept were divided among the members ; there
was no tenancy in the sense in which we use the word ; there
was no rent, no. eviction, none of the powers claimed under
the feudal system by the tenants in fee.
This system of tanistry was essentially republican in its
character, the land vested in the people, not in the Crown ;
its division was arranged by the elected officer of the sept or
lineage ; all its members were joint owners of the common
estate, which was strictly settled in tail to the whole of the
lineage. No man could sell the inheritance of his children,
and there were neither landlords nor tenants. The two
administrative officers, the chief and the tanist, had their
own official demesnes, which did not descend to their children,
but went like church land, or clerical income, to him who
succeeded to the office.
A system so unique differs in many respects from that
of any of the more ancient semi-civilized nations. The
Egyptians appear to have owned their land in severalty, for
THE HISTORY OF LANDHOLDING IN IRELAND. 241
they sold it to Joseph for Pharaoh. The Israelites, though
prevented from selling their land in perpetuity, could mort-
gage it until the year of jubilee. The tribal lands could not
leave the tribe, they descended to the children or next of kin.
The Greeks and Romans both recognised ownership in
severalty. The tanistry system, which reached back to a
period more remote than the foundation of Rome, appears to
have arisen simultaneously over the entire island, and to have
existed, notwithstanding many isolated invasions, until it was
partially displaced by the landing of the Anglo-Normans, and
was wholly abrogated, not by legislation, but by a ;legal
decision in the reign of James I.
Professor Sullivan's introduction to O'Curry's Essays
describes the division of the Irish people into classes. I have
endeavoured to condense his statement thus : — In Ireland, as
in every other part of Europe, we can trace the existence of
the two great classes, the free and the unfree. . Amongst the
free there were privileged classes called A ires : there were two
classes of Aires, those who possessed land, or Deis, who were
called Flaths, and those who possessed cows or other cattle,
who were called Bo A ires. The class of tribesmen called Ceiles
were divided into two categories, the Saer or free Ceiles, and
the Daer or base Ceiles ; an ancient manuscript, H. 3, 18,
T.C.D., p. 1 19, says, " It is competent for a man never to
accept base wages from any man unless it be his own will to
do so, and it is competent for him not to receive Saerratk
(free wages) from any one but a king, but he is not entitled
to refuse the free wages of his king. Every man in the
Tuath is bound to receive wages of a Rig Tuatha"
All Ceiles, whether free or base, had certain definite rights
in the territory, and had the right to have a habitation and
the usufruct of the land. The free Ceiles paid Bes Tigt, or
house tribute, the base Ceiles, Biatid. If a Flath exacted
more Biatid, &c., than he was legally entitled to, he was
bound to recompense his Ceile by additional wages. The
Saer Ceile formed the body-guard of the chief. The Daer
Ceiles sometimes received benefices of land. In a lower
R
f
242 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
position in the social scale were the Bothacks or cotters, the
Leu Cluthes or house servants, and the Fueders or strangers,
outdoor labourers ; the latter were Saer Fueder, free labourers,
and Daer Fueder or base, servile labourers. The Daer Fueders
became tenants from year to year, but if they served for three
generations they acquired rights to the possession of land.
The Flath could have Bothacks or Fueders of any class on his
land. The Ceiles alone had political rights, that is, a definite
position in the tribe or Tuath. The Bo Aire, if wealthy,
became a Flath. It is obvious that the main distinction lay
between the " lineage," the members of the family, and
strangers who had either been captured in battle, been pur-
chased as slaves in England, or come amongst the sept in
search of fortune. The Ceiles appear to have been part of
the "lineage," and as such entitled to greater privileges than
captives, slaves or aliens. This view is borne out by one of
the mostimportant ancient Irish documents, the Crith Gablach;
it is in the form of question and answer ; it relates to the classes
of society, and their privileges among the ancient Irish. It
commences, —
" What is Crith Gablach ? — Answer : The thing which the man of a tribe accu-
mulates for his benefit in the territory till he is admitted to the rank of the legiti-
mate possessors of the territory ; or other increase by which distinction is given to
the grades of the people."
There is here an evident distinction between the " man of the
tribe/' the lineage, and strangers. It will be seen he should
prove his worthiness by increasing the wealth of the tribe, and
was then placed by the tanist among " the legitimate pos-
sessors of the territory," or receive other distinction. The
grades of the people were "a Fer-Midbe, a Bo-Aire,
an Aire Dessa, an Aire Tuise, an Aire Forgaill, and a Ri.
They were ennobled by the possession of Deis-land, which
was in the award of the tanist, and they ranked in the tribe
and out of it, according to the rank which they won. The
Tanose Righ (tanest of a king) was so called because he was
elected by the whole territory. The seven occupations in law
of a King were — Sunday, ale-drinking, for he is not a lawful
Flath who does not distribute ale every Sunday. Monday,
THE HISTORY OF LANDHOLDING IN IRELAND. 243
at legislative government of the tribe ; Tuesday, at chess ;
Wednesday, seeing greyhounds coursing ; Thursday, the plea-
sures of love ; Friday, at horse-racing ; Saturday, at judg-
ment.
The Flat/i could either work his land with Fueders, or let it
to Ceiles, but as his own holding terminated with his life, the
lettings were usually of short duration. Any buildings be-
came the property of the Flath at a valuation, but if evicted
before the expiration of the term, the occupier was entitled to
his buildings, and if evicted without cause he was entitled to
his rent as well as his house. Village land let for the purpose
of growing a manured crop reverted to the owner at the end
of the term ; if no term was specified the hirer of the land was
entitled to its possession, until he had exhausted the manure.
With reference to the quantity of land attached to a dwelling-
house he says (p. xxxix.)
" The Norse Bo" I and By appear to be synonymous ; at least there
is no doubt that By originally was a mansion or principal farmhouse,
including, of course, sufficient land to keep a family in independence.
In Ireland this appears to have been the quantity of land sufficient
to graze twenty-one cows or three cumals, the legal qualification of a
Bo Aire of the lowest class, that is, of a free man having political
rights, and in addition a certain quantity of forest, and sufficient
meadow land to provide winter fodder. The following curious Irish
entry in the Book of Armagh appears to represent such a typical
homestead : — " Cummen and Brethan purchased Ochter-u-Achid with
its appurtenances, both wood and plain and meadow, together with
its habitation and its garden."
The annals of the Four Masters, a work of some authority,
informs us that gold was smelted in Ireland and made into
cups, brooches, &c., as early as 354 B.C., that cloths were dyed.
Each rank was known by the number of colours in their
garments, kings wearing six colours, while the peasantry were
obliged to wear a dress of one colour. Rings and chains were
worn by the kings and chieftains.
The Irish Seisreach was the extent of land which occupied
one plough, and represented the ploughland or carracute of
244 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
England, and the Saxon "hide of land." According to a
curious poem attributed to the antediluvian Fuitan, but which
belongs in substance, though not in language, to about the
sixth or seventh century, has been published by Professor
O'Curry in his tract on the battle of Moylena, there were in
Ireland 184 Trincha Ceds ; 5,520 Baile BiatacJis\ 22,080
Caethranehadhs or quarters ; and 66,240 Siesreachs, or plough-
lands, which would be equal to 132,480 Ballyboes, or habita-
tions of freeholders, or 7,948,800 Irish acres, the remainder,
5,000,000 acres, being bog or mountain. At present there are
325 Baronies, and 62,205 townlands, the average acreage of
the latter being 324*6 acres.
I have already referred to the assemblage of the legislators
by Ollamb Fodhla, and to the collection of the laws made by
him ; they are called the Psalter of Tar a. Irish records
also refers to the Psalter of CasJiel. The annals of the Four
Masters inform us that in A.D. 266 Cormac collected the laws and
formed them into a book known as the Psalter of Teamhair.
It contained a survey of the land of Ireland, and articles
relating to Irish laws, genealogy, history, topography, &c., and
at a late period, at the suggestion of St. Patrick, the laws were
again collected, and the SeancJtus and Feanchus, (i. <?., history
and law), now called Senchus Mor, or Cain Phadrig (Patricks)
law, was compiled. It was esteemed of such authority that
no individual Brehon dared to abrogate it. This collection
of laws, though more recent than the others I have named,
possesses great antiquity, and was compiled before either the
Justinian or the Theodosian codes.
The work of the several assemblies appears to have been
one of compilation or collection, rather than of legislation,
and in this there is a close resemblance to the theocracy of the
Israelites, who received a heaven-given law with strict injunc-
tions to observe its dictates,'but neither judges, priests, nor, kings
were authorized to alter its conditions. There was no such
thing as a Re-form Bill ; \hQform of its enactments, its require-
ments, and its penalties were prescribed, and there was there-
fore no need of re-forming them. Legislation in Ireland
THE HISTORY OF LANDHOLDING IN IRELAND. 245
appears to have been tribal, and to have rested upon patri-
archal institutions ; the system would be properly described by
the words " customary law." The collection or codification
which took place tended to secure uniformity over the whole
country, but the highest officer, the Rig Tuatka, or king, was
neither endowed with the right of legislation nor the power to
enforce the laws. These privileges appertained to the sept or
tribe which acted through its elected officers, the chieftain and
tanist. The laws were expounded and explained by the
Brehons, who appear to have possessed functions similar to
those of the courts of equity, in applying to a new class of
incidents the principles of existing legislation.
Much jealousy existed as to the ownership of these ancient
psalters. They were preserved with the most watchful care,
and classed among the choicest treasures.* The more recent
* AN ANCIENT PSALTER.— Fac-similes of Irish national MSS. are at
present being selected and edited by Mr. Gilbert, of the Public Record
Office of Ireland. The first part of the collection, which will be one of
profound interest to Irish scholars, is nearly completed. We learn from
a report just issued, that among the documents, fac-similes of which have
been prepared, is a Latin psalter styled " Cathach," or the " Fighter." It
is ascribed to the hand of St. Columba, who made lona famous, and
receives its name from the antique metal casket in which it is preserved.
The legend is that, while sojourning with St. Finnen, in Ulster, he
borrowed this psalter, and "copied it furtively in his church, with the aid
of miraculous light, in the night-time." Finnen claimed the copy as his
property, but Columba did not recognise his right, and King Diarmid was
appealed to. His Majesty decided " that as to every cow belongs her
calf, so to every book belongs its copy." Columba did not see the force
of his analogical reasoning, and kept the treasure. The psalter was
preserved as a sacred heirloom among his kindred the O'Donels, who
ruled in the most western part of the north of Ireland, styled Tir Conaill,
or the land of Conaill, from their progenitor of that name, and now known
as Donegal. The present casket was made towards the eleventh century
by the direction of Cathbar O'Donell, head of the clan. It was long
believed that if the Cathach was borne thrice before battle on the breast
of a sinless cleric round the troops of the O'Donels, victory would be
secured to them in a just cause. " To open the Cathach," says the report,
" was thought unlawful, and would, it was thought, be followed by death
and disasters among the O'Donels." It ultimately came into the posses-
sion of Daniel O'Donel, who raised a regiment in Ireland for James II,»
246 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
of these law tracts is the Senchus Mor. Its text and a
translation has been published by the commissioners appointed
in 1852. It has formed the basis of Sir Henry Maine's justly
celebrated essay on ancient institutions ; it is said to have
been compiled by nine eminent men, a treble trinity, Kings,
Brehons, and Prelates : King Laighaire, King Daire, King
Core ; Rossa, Duththack, Fergus ; St. Benignus, St. Patrick,
and St. Caernech. It is not my object to give you any de-
scription of this body of ancient Irish law, I only mean to deal
with that portion relating to landholding. As I have already
remarked, these law tracts do not either give or define the
possession of land, nor do they allude to any rent except that
which is called " food rent," to which I shall presently refer.
The transcripts were made by the late Dr. O'Donovan and
the late Professor O'Curry, from law tracts in the Irish lan-
guage in the libraries of Trinity College, Dublin, of the Royal
Irish Academy, of the British Museum, and in the Bodleian
Library at Oxford. The transcripts made by Dr. O'Donovan
extend to nine volumes, comprising 2,491 pages, and the tran-
scripts made by Professor O'Currey are contained in eight
volumes, extending to 2,906 pages. They did not live to
revise and complete their translations. The preliminary trans-
lation executed by Dr. O'Donovan is contained in twelve
volumes, and the preliminary translation executed by Pro-
fessor O'Curry in thirteen volumes.
They are now in course of publication under the title of the
Senchus Mor, the great laws. Sir Henry Maine says of
them, —
"The Senchus Mor, the great book of the ancient laws, was
doubtless a most precious possession of the law school or family to
and afterwards became a brigadier in the French service. It remained on
the Continent until 1802, when it was transferred to Sir Hugh O'Donel, of
Newport, in the county of Mayo. In 1814 his widow began proceedings
in Chancery against Ulster King of Arms, for having opened the
Cathach without permission. The manuscript, it is said, now consists of
fifty-eight leaves of vellum, many of which at the commencement are
damaged.
THE HISTORY OF LANDHOLDING IN IRELAND. 247
which it belonged, and its owners have joined to it a preface in
which a semi-divine authority is boldly claimed for it. Odhran, the
charioteer of St. Patrick — so says the preface, — had been killed, and
the question arose whether Nuada the slayer should die, or whether
the saint was bound by his own principles to unconditional forgive-
ness. St. Patrick did not decide the point himself. The narrator,
in true professional spirit, tells us that he set the precedent according
to which a stranger from beyond the sea always selects a legal
adviser. He chose to go according to the judgment of the royal
poet of the men of Erin, Duththach Mac na Lugair, and he * blessed
the mouth ' of Duththach. A poem, doubtless of much antiquity
and celebrity, is then put into the mouth of the arbitrator, and by
the judgment in it Nuada is to die ; but he ascends straight into
heaven through the intercession of St. Patrick. Then King Laighaire
said, ' It is necessary for you, O men of Erin, that every other law
should be settled and arranged as well as this.' ' It is better to do
so,' said Patrick. It was then Duththach was ordered to exhibit all
the judgments and all the poetry of Ireland, and every law which pre-
vailed among the men of Erin. . . . This is the Cain Patraic,
and no human Brehon of the Gaidhil is able to abrogate anything
found in the Senchus Mor."
The manuscript from which the " Senchus Mor " is trans-
lated and published contains the following touching note : —
" One thousand three hundred two-and-forty years from the birth
of Christ till this night ; and this is the second year since the coming
of the plague into Ireland. I have written this in the twentieth year
of my age. I am Hugh, son of Conor M'Egrim, and whoever reads
it, let him offer a prayer of mercy for my soul. This is Christmas
night. I place myself under the protection of the King of heaven
and earth, beseeching Him that He will bring me and my friends
safe through the plague. Hugh wrote this in his father's own book
in the year of the great plague."
Another of the manuscripts containing Irish law tracts has
the following entry : —
" This is the eve of the great festival of Mary, and it grieves me
that Donough O'Brien is in danger of death from the son of the Earl
of Ormond, and it is a wonder to me that Cuirbre is courting council
from Connor. The Park is my residence. Magnus for Domhnall
and himself travelling, Eiri A.D. 1567."
248 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
These laws treat of the mode of recovering debts, and give
the law of distress at considerable length, but they do not
recite the origin of the division of land among tribes, or the
subdivision among the members of the sept. There was, as
I have already.stated, no such relation as landlord and tenant,
and I am informed that there is not a word in the Irish lan-
guage which can fairly be translated to mean the Saxon
derivative, "a holding" or the Latin derivative, tenure or
tenement. The absence of any such words in the language is
an indication that the Irish institutions only recognised one
estate in land ; in this it was in harmony with the institutions
of the more ancient systems. The creation of two estates, the
ownership or guast-ownership, and the estate of use, was the
invention of the Romans, and was adopted by those countries
whose systems were moulded upon the jurisprudence of
Rome.
I do not find in the " Senchus Mor " distinct indications as
to the mode of distributing chattels, yet I am disposed to
adopt Sir John Davis's view, that they went in gavelkind ; but
it seems that some men had cattle without land, while others
had land without cattle ; or the expression may be qualified by
saying that one man had land in excess of his stock, while
another had stock in excess of his land. Hence arose a sort of
partnership, and the Brehon code deals at length with the cir-
cumstances arising from one man using the stock of another.
These laws appear under two distinct heads, Cain Saerrath
and Cain Aigillue: the former, as I am informed, means
honour or personal relations, and the latter, " tribute or fine,"
and " forfeit." I am assured that there is nothing in the Irish
words to justify the translation which appears in the preface
as well as in the margin, Saer-stock tenure and Daer-stock
tenure. The addition of the word "tenure" conveys an in-
correct idea, and the writers of the preface, as well as Sir
Henry Maine, who has adopted their views, have applied the
word " tenure " to the land and not to the stock. There was
undoubtedly a " holding " of the cattle, as they were rented
or hired, but there was no claim upon the land in consequence
THE HISTORY OF LANDHOLDING IN IRELAND. 249
of these relations. The writers of the preface to vol. ii., p. 49,
thus describe the law : —
" In * Saer '-stock tenure the chief gave the stock without requir-
ing any security from the tenant. He gave it in consideration of
receiving an annual return for seven years of one-third of the value of
the stock given. The chief might claim this return in the form of
manual labour at the time of the erection of his ' dun ' fort, or of the
reaping of his harvest ; or if the chief did not need manual labour, he
might require the ' saer '-stock tenant to attend him in a military ex-
pedition, and to send a man to do homage to him at the payment of
rent."
This passage would read quite as well if the word " tenure "
in the first line and tenant near the end were omitted : they
suggest ideas with regard to the land quite at variance with
the Brehon code. The stockholder held the stock, he was
tenant of the stock, and paid rent or tribute for the stock, but
none of these capacities affected his ownership of his lands.
The preface to vol. ii. of the " Senchus Mor," p. 1., adds, —
" The principal Irish tenure appears to have been ' daer '-stock
tenure, into which the tenant entered by choice, and in which he
was required to give security for the stock he used. From the
optional nature of the tenure, the law respecting it was called ' Cain
Aigillue,' that is, the ' Cain ' law of options in tenure. The securities
given were called ' Giallna ' securities, to distinguish them from kins-
men's securities The ' Cain Aigillue ' contains traces of
very careful provisions for guarding against the arbitrary termination
by either chief or tenant of ' daer '-stock tenure when once entered
into."
The laws appear to be based upon the principle of making
the stock borrower pay the stock lender double food-rent for
the year if he returned the stock without the consent of the
lender, inasmuch as he might not have grazing-ground for the
stock so returned. If the stock lender recalled his stock the
borrower was entitled to one-third of it, and was exempted
from payment of his honour price ; otherwise his land might
lie idle.
These arrangements did not in any way affect that which
we understand by the word " tenure," that is, a man's farm,
250 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
but they related solely to cattle, which we consider a
chattel. It has appeared necessary to devote some space to
this subject, inasmuch as that usually acute writer Sir Henry
Maine has accepted the word " tenure " in its modern inter-
pretation, and has built up a theory under which the Irish
chief " developed " into a feudal baron. I can find nothing in
the Brehon laws to warrant this theory of social Darwinism,
and believe further study will show that the Cain Saerrath
and the Cain Aigillue relate solely to what we now call chat-
tels, and did not in any way affect what we now call the
freehold, the possession of the land.
There is nothing in the Senchus Mor at all contradictory
of the statements made by Spenser and Sir John Davis, that
the tanistry system gave every member of the sept or tribe
the life ownership of a portion of its lands ; that the official
lands attached to the position of Chieftain and Tanist were
not divisible, but partook of the nature of a benefice ; they
went whole and undivided to the successor to the office, and
I can find nothing to warrant the conclusion arrived at by
Sir Henry Maine, that the chieftain could give strangers the
lands of the sept. Fosterage was a portion of the tanistry
system, and those who were adopted by the sept shared in
its responsibilities and enjoyed a portion of the lands. The
chieftain and tanist each enjoyed his lands for his own
life, and therefore they had no power of giving them away ;
they were tilled by the Fueders or Bothacks.
After the Norman invasion, and during the unsettled state
of the country, the chieftains may have imitated the example
of the Norman barons, and striven to make for themselves a
title similar to that imported into Ireland by the strangers,
but I doubt if anything of this kind existed while the Brehon
code was in full force, before the invasion of the Danes and
the Normans.
The early Norman and English settlers denounced the
tanistry system as barbarous and uncivilized, and acted
towards it in the same manner as the English of recent times
have acted towards the Hindoo and New Zealand land
THE HISTORY OF LANDHOLDING IN IRELAND. 251
systems ; in the former they have looked upon the Zemindar,
and in the latter the chieftain, as enjoying the same rights as
the feudal baron. The English in both these countries
have done the same injustice to the inferior owners which
their forefathers did to the inferior members of the Irish sept
or tribe. Mr. Thornton, a writer whose very able works
deserve the serious consideration of our statesmen and legis-
lators, has shown the manner in which the estate of the ryots
was, by mistaken legislation, transferred to a class who were
mere tax-gatherers ; and thus in India as in Ireland the
sympathies of the mass of the people was estranged from
British rule, the people regarded, the invaders as spoliators,
who had not only assumed the government, but deprived
them of their rights. As I shall have to speak hereafter of
these changes I shall not dwell on them now ; but before I
close this portion of my subject would like to give you some
idea of the state of Ireland when the unmixed tanistry system
prevailed. It was refined and elevated by the introduction of
Christianity, but was broken in upon by the incursion of the
Danes.
The earliest missionaries are dubious. The Irish traced
their Christianity through Irenaeus to St. John, thus carrying
back their faith to the Holy Land ; the bull of Pope
Clementine to Palladius, who visited Ireland before the landing
of St. Patrick, authorizes him to visit "our brethren in Christ
in Ireland," thus asserting the previous introduction of Chris-
tianity. But it must have been confined to special districts,
for there appears to have been a wide field for the labours of
St. Patrick. It has, however, been a puzzle to learned men
to discover how so many of the rites of the Eastern or Greek
Church were implanted or existed in Ireland for many
centuries. It is said, " If St. Patrick was the real founder
of Irish Christianity, and was connected with the Latin
Church, how does it come to pass that the Irish Church
corresponded in its formulae with the Greek Church, and why
did it teach its rites in Scotland, England, and France ?" I
cannot solve this difficulty, but it seems to imply a settled
252 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
church with established formulae before St. Patrick's visit, and
it is quite clear he did not disturb these usages, and that
they continued for centuries after his death.
It had been the custom to misrepresent this system of land-
holding, and to describe it as barbarous and inequitable, but
more recent inquirers, on the Continent as well as in England
are beginning to take a different view, and to recognise the equity
and humanity of the Brehon code. It may not be out of place
to glance at the history of Ireland to ascertain what was the
effect of the tanistry system, and of the laws regulating the
possession of the soil. Land is a bond of union. Its produce
satisfies man's physical wants. Its distribution is the basis
of legislation. During the existence of tanistry, Ireland
was the ark, in which the knowledge of the Western world
rode secure amid the turmoil of the Gothic invasion. It
was the school of learning for Western Europe. King Alfred
was educated in Ireland, and it furnished the first masters to
the Universities of Paris and Padua. The scholastic insti-
tutions of Bangor, in the county Down, and Lismore, in the
county Waterford, educated thousands of pupils. Bangor
alone is reported to have had five thousand students. The
Irish missionaries visited and settled in the south of Scotland,
the north of England, in France, and in Switzerland, where
the memory of an Irish scholar is perpetuated in the name of
St. Gall. Ireland gave bishops to Northumberland and to
Germany, and she then received from Europe the title of "the
Isle of Saints." One of her learned sons, Donatus, who suc-
ceeded Albinus as head of the college at Padua in the
ninth century, left a Latin description of Ireland at that
time : —
"Far westward lies an isle of ancient fame,
By nature blessed, and Scotia is her name,
Enrolled in books ; exhaustless is her store
Of veiny silver and of golden ore ;
Her fruitful soil for ever teems with wealth,
With gems her waters, and her air with health ;
Her verdant fields with milk and honey flow,
Her woolly fleeces vie with virgin snow;
THE HISTORY OF LANDHOLDING IN IRELAND. 253
Her waving furrows float with bearded corn,
And arms and arts her envied sons adorn.
No savage bear with lawless fury roves,
No rav'ning lion through her sacred groves,
No poison there infests, no scaly snake
Creeps through the grass, nor frogs annoy the lake ;
An island worthy of its pious race,
In war triumphant, and unmatched in peace."
The venerable Bede, in his history, tells of the munificence
and liberality of the Irish. He says, —
"These visitors were most willingly received by the Scots [thus he terms the
Irish], who maintained them at their own charge, supplied them with books,
and became their teachers without fee or reward. "
This passage of Bede should never be quoted without a
recollection of the comment presented by Lord Lyttleton,
who styles it " a most honourable testimony, not only to the
learning, but likewise to the hospitality and bounty of the
Irish nation."
John Sulgen, son of Sulgen who was Bishop of St. David's
in the year 1070, thus describes the condition of Ireland, and
their bounty towards strangers. He thus wrote in the life of
his father : —
" With ardent love for learning Sulgen sought
The school in which his fathers had been taught ;
To Ireland's sacred isle he bent his way,
Where science beamed with bright and glorious ray.
But lo ! an unforeseen impediment
His journey interrupted as he went ;
For sailing toward the country where abode
The people famous in the word of God,
His bark, by adverse winds and tempests tossed,
Was forced to enter on another coast ;
And thus the Albanian [Scotch] coast the traveller gained,
And there for five successive years remained.
******
At length arriving on the Scottish [Irish] soil,
He soon applies himself to studious toil.
The Holy Scriptures now his thoughts engage,
And much he ponders o'er the oft-read page,
Exploring carefully the secret mine
Of precious treasure in the law divine ;
254 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
Till thirteen years of diligence and pain
Had made him affluent in heavenly gains,
And stored his ample mind with rich supplies
Of costly goods and sacred merchandise ;
Then, having gained a literary name,
In high respect for learning, home he came,
His gathered store and golden gains to share
Among admiring friends and followers there."
The late Rev. Arthur West Haddan, in an article upon the
Scots (Irish) on the Continent, which will well repay perusal,
speaks of the race of scholars, who from the sixth to the
tenth century went forth from Bangor and Lindisfarne
upholding Greek learning and philosophic speculation,
asserting the freedom of the will, believing in the existence
of the Antipodes, by far the best astronomers of their time,
who well nigh anticipated the theory of Copernicus. This
remarkable and interesting school followed in the wake of
St. Columbanus forming into famous societies at Luxeuil, St.
Gall, and Bobbio, and branching off into minor foundations at
Reichenau, Disentis, Remiremont, Lure, Jouarre, Faremoutier,
Lagny, Hautvillers, Moutier-en-Der, Fontenelle, and Jumieges.
Mr. Haddon says of Ireland :
" In the gradual development of the Papal power she remained in
her isolation a standing proof of the novelty of theories unknown to
the Church in earlier times, a living instance of what had formerly
been held for truth, an island not absorbed by the rising waters of the
Papacy, until, indeed, the twelfth century."
A curious though well-authenticated discussion as to the
position of the Irish Church occurred at the Council of
Constance, A.D. 1414 : —
" There was an ancient custom in those councils of voting by 'Nations,
as it was called. Four 'nations' were acknowledged — viz., France, Spain,
Germany, and Italy. These 'nations' were not 'kingdoms.' Each was
a collection of several independent kingdoms. They had the lists ; and
they found that each 'nation' comprised six or eight kingdoms, whose
governments were independent of each other. At the Council of Constance,
which was held A.D. 1414, the King of England claimed that the English
should be acknowledged as a separate 'nation,' having a vote of their
own in the council. The King of France was very jealous at this, and
ordered his ambassadors to protest against it in the council; their
THE HISTORY OF LANDHOLDING IN IRELAND. 255
protest is given in the appendix of the council to which he had referred.
The ambassadors insisted that England had always been reckoned part
of the German 'nation' in all general councils; and they maintained
that it ought to be so still, for, as England had only twenty-five bishops,
it was absurd that so few should have a separate vote in the council.
The ambassadors of the English king were heard in reply, and they did
not deny either of the above statements ; but they said, in answer to the
fewness of their bishops, that the Irish, who had sixty dioceses, were
united with them in the 'Anglican nation,' and taking in the Welsh, and
some Scotch bishops who joined with them, there were no bishops
altogether. And in answer to the statement that England had always
been counted part of the German nation, and not a nation in itself, they
did not deny it ; on the contrary, they seemed to admit that this was true ;
but then they quoted St. Albert the Great and Bartholomaeus as follows : —
' That the whole world being divided into three parts, viz., Asia, Africa,
and Europe ; Europe is divided into four kingdoms — first, the Roman ;
secondly, the Constantinopolitan ; third, the kingdom of Ireland, which
is now translated to the English; and the fourth, the kingdom of
Spain. From which it appears that the King of England and his kingdom
are of the most eminent and the most ancient kings and kingdoms of all
Europe, which prerogative the kingdom of France cannot obtain.' Such
was the defence of the ambassadors of England. They did not rest their
claim upon the rights of England itself, but on her inheriting the ancient
rights of Ireland; and thus England obtained dignity in Europe and
influence in Christendom by her union with Ireland. For this defence
having been heard by the Council of Constance, they decided that
England and Ireland united should vote and rank as a separate nation,
thus giving them an influence in the council which the King of France
sought to prevent, and which would have been wholly lost if England
had stood alone- As an appropriate acknowledgment of their obligation
to Ireland, the 'Anglican nation' was thoroughly represented in that
council by 'Patrick, Bishop of Cork.'"
I have endeavoured as briefly as possible to convey a cor-
rect idea of the land system of this period, which comprised
nearly eighteen centuries, and during the latter portion Ireland
was renowned for its learning and civilization. The Irish
people naturally revert to this portion of their history with
pride and satisfaction, and later writers, both English and
foreign, are disposed to do justice to the humanity and excel-
lence of the Brehon code of laws and the tanistry system of
landholding.
256 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
PART II. — THE SCANDINAVIAN OR MIXED PERIOD.
THE comparatively peaceful and prosperous state of Ireland
which existed under the Tanistry system of landholding, the
Brehon social code, and the sway of Christianity, was broken
in upon by the incursions of the Scandinavian sea robbers.
They were called Esterlings or Ostmen, and also Galls, or
foreigners. Their piratical expeditions commenced about
the end of the eighth century, and whilst they infested
England and France, Ireland did not escape. Their first
invasions were made in small parties, for the sake of plunder,
and they were frequently repulsed. By degrees the invaders,
either by force or treaty, obtained some small settlements.
The Irish, though too prone to predatory incursions, had no
national armament, no united force to meet the disciplined
hosts thrown upon their shores. Ireland had enjoyed such a
state of peace, that there were no fortified places, no baronial
residences ; and hence it was easily overrun and ravaged.
But the people rallied, and waged a not unequal war with the
invaders, who failed to establish a dynasty in Ireland, though
they did so in Normandy and England. The aboriginal
English succumbed to the Anglo-Saxon, but the Irish
resisted and defeated the Danes.
The first shocks of their invasion fell with great seventy
upon a people without central government, none of whose
chieftains could bring into the field a force numerically equal
to that of the invaders ; they were defeated in detail. The Irish
chieftain and the Tanist were both elected by the sept which
spontaneously upheld their authority ; therefore there was no
need of the feudal castle with its band of armed men. The
services of the tribes were not compulsory. The Anglo-
Saxon thane, or earls, surrounded their dwellings with a
moat or ditch, they were approached by a drawbridge, they
were protected with a portcullis and gates, they were furnished
with armed men, and from the lofty keep the watchman
gazed with unwearied eye over the country in order to detect
the approach of a foe and give timely warning of danger.
THE HISTORY OF LANDHOLDING IN IRELAND 257
The Celtic chieftain needed none of these safeguards. The
clans might have wars with neighbouring or other clans, and
might engage in warlike expeditions, but the rights of
individuals became so merged in the general interests of the*
clan as not to produce the evils which arose from the
arbitrary rule of petty chiefs. This comparative confidence
had its own peculiar evil ; the country was unprotected, and
when invaded, either by the Danes or the Normans, there
were few fortified places to retard their march.
The rapidity with which these invaders overspread the
nation is attributed by Sir John Davis to the absence of
castles and fortified places. He wrote, —
" Though the Irishry be a nation of great antiquity, and wanted
neither wit nor valour, and though they have received the Christian
faith above 1,200 years since, and were lovers of poetry, music, and
all kinds of learning, and were possessed of a land in all things
necessary for the civil life of man, yet, strange to be related, they did
never build any houses of brick or stone, some few poor religious
houses excepted, before the reign of King Henry II., though they were
lords of the Irish many hundred years before and since the conquest
attempted by the English. Albeit when they saw us build castles
upon their borders, they erected some few piles for the captains of the
country, yet I dare boldly say that never any particular person,
either before or since, did build any brick or stone houses for his
private habitation, but such as have lately obtained estates accord-
ing to the course of the law of England. Neither did any of them
in all time plant any garden or orchard, settle villages or towns, or
make any provision for posterity."
We have here the picture of a nation enjoying all that con-
tributes either to the wants or luxuries of life, and yet in the
enjoyment of laws which promoted such commutative justice
that at a period when nearly the whole of Northern Europe
was studded with fortified castles, the residences of spoilers
and oppressors, the Irish people enjoyed their "poetry, music,
and all kinds of learning;" they "possessed all things neces-
sary for the civil life of man," and yet were free from the
continued apprehension that some neighbouring lord would
S
258 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
swoop from his eyrie, and seizing their lamb in his
powerful talons, bear it to his hold. The debauch and riot
which disgraced the baronial hall, and debased alike the
knight and the man-at-arms, were unknown amid the purer
life of the Celts, who, actuated by nobler purposes, cultivated
their own minds and then became missionaries, carrying to
the outer world the sublime truths of Christianity and
philosophy.
In the year A.D. 795 the first attack of the Danes upon the
coast of Ireland was made. They laid waste the island of
Rathlin, off the coast of Antrim. In 798 they attacked the
coast of Ulster, and in 802 set fire to the monastery of lona,
and destroyed many of the monks. In 807 they effected a
landing in Ireland, and penetrated as far as Roscommon,
which they then destroyed, laying waste the surrounding
country. The French annals inform us that in A.D. 812 : —
" The fleet of the Normans having attacked Ireland (the island
of the Scots), after a battle had been fought with the Scots, and no
small part of the Normans killed, returned home in disgraceful
flight."
Father Walsh thus expresses his sorrow at the devastation
of the Danes : —
" There was no monarch in Ireland now (the ninth century) but
the saddest interregnum ever any Christian people had or heathen
enemies could wish. No more king over the people but that
barbarous heathen Turgesius. No more now the island of saints, nor
mart of literature. No more Beauchun (Bangor) to be seen, but in
ashes now a second time, all the holy monks thereof murdered by the
cruel Danes, and buried under its rubbish. No more the monastery
of Fionbaur, at Cork, at which 700 conventual monks, and together
with them seventeen bishops, at one time wholly devoted themselves
to a contemplative life. No more that wonderful cloister of all for
angelical visions and communications under St. Mochada, at Ruthin
first, and then at Lismore, containing no fewer than 100 of the most
remarkable monks for sanctity that have ever been of any age or
nation. No more the celebrated cells of Maghbile, or any at all of
THE HISTORY OF LANDHOLDING IN IRELAND. 259
so many holy places echoing forth continually the praises of God.
No more the renowned schools of Dundaleagthghlus, Armagh,
Lismore, or Cashel. No more a university, or academy, or college
of learning in all the land, nor foreigners coming to admire or study
in them."
These cruelties of Turgisius were avenged by Olchoban
Mac Knee, who was at first Abbot and Bishop of Emly, but
was afterwards raised to the throne of Cashel or Munster.
In 846 Emly was invaded, and the residence of the bishop
attacked. This roused the spirit of the warlike bishop, who
attacked and defeated Turgisius. The cruel chieftain gathered
his adherents and again attacked and expelled the Primate,
Foraina, and his clergy, and burned the place. He was
attacked by Melsiachlin, King of Ireland, and defeated and
killed. Colgan says that during the several invasions of the
Danes, Armagh was six times plundered, twice laid waste, and
thirteen times burned. Kells was five times ravaged and
thirteen times burned. Kildare was ravaged fourteen times
and burned ten times ; Clomacnoise was burned eleven times
and plundered twenty-three times ; and Cork was ravaged five
times and set fire to seven times.
In 853 the Norwegian Prince Amlave (whose name is also
written Olaff or Auliffe) came to Ireland, accompanied by his
brothers Sitiu and Ivar. One of them built Dublin, another
Limerick, and the third Waterford. They became converts
to Christianity, and Olaff, or Saint Olaff, gives his name to
one of the parishes and a church in the city of Waterford.
In the beginning of the tenth century the power of the
Danes received a check. Flan Sivima was then King of
Ireland ; he repeatedly defeated the Danes. The uncultivated
lands began to be tilled again, and Christianity dared to show
its face once more, and the seminaries of learning began to
flourish with new vigour. Cormac, King of Munster, collected
and compiled the Irish historical records, which are known as
the Psalter of Cishel, and built the beautiful small church on
the Rock of Cashel called Cormac's Chapel. In his reign the
Northmen or Danes returned, and after his death they
260 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
attacked Ireland with fresh vigour. Waterford, Cork, Lismore,
and Agaboe first felt their fury. They again spread misery
and desolation through various parts of the isle. During this
century the war between the Irish and the Danes was waged
with varying success, until at length they were defeated by
Brian Boroimhe at the battle of Clontarf in 1014, at which he
and his son Morogh, and his grandson Turiogh, were slain.
Churches, schools, and other religious establishments were
erected and rebuilt, roads and bridges were constructed through
the country, and the public highways put into repair. The
lands, too, which had been usurped by the Danes were
restored to their original proprietors, the pagan foreigners
being expelled from them.
The necessity of defending themselves from foreign invasion
led to changes in the social system of the Irish, and to the
disturbance of that order which prevailed for centuries. Force
was required to repel force ; hence organisms arose quite
foreign to its ancient institutions. The existence of armed
disciplined bodies which sprung from invasion fostered ambi-
tion that led to schemes of conquest and disorder. Those
who had taken up arms to defend their rights became them-
selves aggressors. There was no sufficiently strong central
authority to repress violence ; hence disorder and confusion
prevailed to a greater extent than formerly.
The presence of the foreign element acted like a cancer in the
system, and led to the further interference of strangers, and
unhappily the religious element played an important part in
these transactions and aggravated the evil. The Irish Church
maintained a semi-independent existence, and enjoyed until
the twelfth century a ritual almost identical with the Eastern
or Greek Church. The invaders, however, having an affinity to
the Normans, placed themselves under the banner of the Latin
Church. When William of Normandy secured the English
throne he thrust aside the Saxon prelates, and placed Lanfranc,
an Italian, in the see of Canterbury. The Danish settlers in
Ireland, being of the same race as the Normans, seized upon
the opportunity of winning for themselves foreign aid. The
THE HISTORY OF LANDHOLDING IN IRELAND. 261
cities of Dublin, Limerick, and Waterford almost simultaneously
elected bishops, but, instead of having them consecrated in
Ireland or in connection with the Irish Church, they sent them
to England, and thus established an Episcopacy in Ireland,
not in connection with the Irish Church, and giving the see of
Canterbury a pre-eminence over Armagh. Patrick, who was
chosen Bishop of Dublin in 1074, went to England to be con-
secrated by Lanfranc, Archbishop of Canterbury, and made
the following profession of obedience : —
" Whoever presides over others ought not to scorn to be subject to
others, but rather make it his study humbly to render in God's name
to his superiors the obedience which he expects from those placed
under him. On this account I, Patrick, elected prelate to govern
Dublin, the metropolis of Ireland, do offer thee, reverend father
Lanfranc, Primate of Britain and Archbishop of the Holy Church of
Canterbury, this charter of my profession ; and I promise to obey
thee and thy successors in all things appertaining to the Christian
religion."
The submission of even a portion of the people in Ireland
to the rule of the Norman tempted William I. to invade
Ireland, but death prevented the fulfilment of his intentions
and delayed that event.
The period of Danish irruptions was, however, like the
seedtime, in which, amid apparent defeat, the ploughshare
and the harrow tore the social system asunder and spread
seeds destined to affect the entire system. Nor were other
influences wanting. The Irish Church held, on various points,
dogmas more in accordance with the Greek than the Latin
Church, and some historians assert that the authority of the
Roman Pontiff was not as implicitly acknowledged as in other
parts of Western Europe. In Northumberland and in France
the Irish missionaries were denounced for holding views dif-
ferent from those of the Latin Church. The Irish arch-
bishops did go to Rome for the pallia. Indeed, Cardinal
Barnabo goes so far as to declare that the Irish, at this period,
were schismatics. Some of the Irish ecclesiastics, who derived
their orders from Canterbury, were desirous of securing greater
262 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
apparent uniformity ; and one eminent prelate died in Swit-
zerland on his second visit to Rome to promote this object.
These negotiations led to the visit of Cardinal Papire, or
Papeson, who came to Ireland as Legate in 1148, and in 1151
summoned a council of 3,000 ecclesiastics, and four palls were
solemnly received from the Pope by the Archbishops of
Armagh, Dublin, Cashel, and Tuam. At the same time the
celebration of Easter was adjusted according to the usage of
the Latin Church. This was the natural outcome of the
election of bishops by the Danes and their consecration by
the Archbishop of Canterbury. Unfortunately, at this junc-
ture, the pontifical tiara graced the brows of the only English-
man (Nicholas Brakespeare) who ever filled the highest office
in that Church, and some historians assert that he went so far
as to confer the sovereignty of Ireland upon the English
monarch. I have seen what purports to be the Bull of Pope
Adrian IV., in which he claims that all the islands upon which
" Christ, the Sun of Righteousness, hath shone, belong, of
right, to the see of St. Peter's," and proceeds to give Ireland
to Henry II., on condition that he would " establish the rights
of the Holy Roman Church and pay Peter's pence." Adrian
IV. was elected Pope in the same year (1154) that Henry II.
succeeded to the kingdom; the Papal Bull is dated 1155. Its
authenticity is denied by some later Catholic writers, who
say, even if it were issued, it became inoperative, according to
canon law, as it was not acted upon within a year ; but older
authorities admit its authenticity and validity. Matthew of
Westminster, an ancient writer, says : —
" About the same time, Henry, King of England, sending solemn
ambassadors to Rome, requested Adrian (who had recently been
made Pope, and whose favour he confidently hoped to obtain as
being an Englishman) that he would license his entering Ireland in
a hostile manner, and allow him to subdue that country and bring
back its beastly inhabitants to holding the faith of Christ in a more
seeming manner, and induce them to become more dutiful children
of the Church of Rome, exterminating the monsters of iniquity that
were to be found in the country, which request the Pope graciously
THE HISTORY OF LANDHOLDING IN IRELAND. 263
complied with, and sent the monarch the following letter, granting
the sanction desired."
Then follows the letter.
Cardinal Pole, in a speech to Parliament in the reign of
Queen Mary, 1554, said : —
" That as Adrian was an Englishman, the tendency to add to the
power and dominion of England made him willingly accede to the
request made by Henry's ambassadors."
Matthew of Westminster adds : —
" King Henry, therefore, towards Michaelmas (of the same year,
1155), held a Parliament in Winchester, in which he treated with
his nobles concerning the conquest of Ireland; but because the
thing was opposed to the wishes of his mother the Empress (Matilda),
that expedition was put off to another time."
Henry became occupied with his continental dominions,
and became embroiled in the feud with the Church which
eventuated in the murder of St. Thomas-a-Becket (the Arch-
bishop of Canterbury). These events delayed the projected
invasion. The Irish kings and chiefs were aware of Henry's
intentions, and their knowledge may have brought about the
events which subsequently took place. No great pretence
could be assigned for such an invasion as Henry contem-
plated. Ireland was entirely independent, and except upon
religious grounds there was not a pretext for such an outrage
upon her nationality, but events were hurrying forward which
led to the ultimate subversion of her institutions and the
destruction of her independence.
The Scandinavian incursions did not, as far as I can
discover, make any alteration in the system of land-holding.
They ravaged and destroyed, but did not attempt to build
up, and, with the exception of some seaports and cities, they
do not appear to have acquired permanent territorial rights.
The Irish Septs, with their Chieftains and Tanists, continued
to own the land, and the Brehon Code was their legal
system.
264 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
PART III. — THE NORMAN OR FEUDAL PERIOD.
IT happens not infrequently in political affairs that events
of an apparently secondary character tend to promote
primary objects unattainable by direct means. The oppo-
sition of the queen mother, the Empress Matilda, the
indifference of the English nobles, and the feud with the
Church, seemed to have put an end to Henry's ambition to
add Ireland to his other dominions ; but an event in no way
connected with the main design brought about that which
had seemed improbable and remote. Dermod MacMorrough,
King of Leinster, whose tyrannical, profligate, and inhuman
disposition made him an object of terror and hatred to almost
every one who knew him, had provoked the vengeance of
Roderick O'Connor, Kingof Ireland, who expelled him from his
dominions, A.D. 1167, in consequence of his violent abduction of
the wife of Tiernan O'Ruarc. This Irish version of the Iliad, led
Dermod, whose immediate dependants had deserted him in the
hour of his distress, to seek the aid of Henry. That monarch
was in France, and Dermod followed him, claiming his aid,
and promising that if he would restore him to his kingdom he
would become Henry's vassal. Dermod was not king of
Ireland, he was one of the subordinate kings, and having
been guilty of crime, was lawfully expelled from his do-
minions. If he became vassal to Henry, that monarch would
— supposing he legally stepped into Dermod's position — have
been subordinate to the King of Ireland. But Henry, how-
ever desirous of reaching the object of his ambition, was
personally unable to accompany Dermod to Ireland. Wish-
ing to avail himself of the opportunity of gaining a footing
for the English in Ireland, he gave Dermod the following
letter :—
" Henry, King of England, Duke of Normandy, Aquitane, Earl of
Anjou, &c.
" Unto all his subjects, English, Normans, Welsh, and Scots, and to all
nations and people being his subjects, greeting,
" Whereas Dermod, Prince of Leinster, most wrongfully (as he in-
THE HISTORY OF LANDHOLDING IN IRELAND. 265
formeth) banished out of his own country craved our aid, therefore
for so much as we have received him into our protection, grace, and
favour, whosoever within our nation, subject unto our command, will
aid and help him whom we have embraced as our trusty friend for
the recovery of his lands, let him be assured of our favour and licence
in that behalf."
This document proves that Dermod only claimed to be
" Prince of Leinster," and the aid to be given him was "for
the recovery of his land'' Notwithstanding Henry's letters of
license, Dermod did not for several months succeed in
obtaining succour. At length he prevailed on Richard, Earl
of Pembroke, generally called Strongbow, to espouse his
cause, by promising him his daughter Effa or Eva in marriage,
and with her the inheritance of the princedom. This bait
was swallowed by Pembroke. According to Irish law,
the princedom was an elective office, which Dermod could
not bestow. Strongbow secured the aid of Robert Fitz-
stephen and Maurice Fitzgerald, Hervey of Mountmorris,
and Maurice de Prendergast, on condition of ceding to
them the town of Wexford with a large adjacent territory as
soon as by their assistance he could be reinstated in his
rights. The invasion of Ireland was, therefore, the act of
private adventurers ; and as Dermod could not legally give
them more than he possessed himself, the gifts were liable
to all Dermod's obligations in relation to the lands. Fitz-
stephen and Fitzgerald landed in 1170 with 390 men.
Strongbow with Raymond le Gross followed, and landed in
Waterford 23rd August, 1170. Leinster was overrun, Dublin
was captured, and Dermod was restored to his princedom,
which he did not long enjoy, his death taking place in May,
1171. It does not appear that he ever performed the act of
vassalage, or that Henry, as his superior, bestowed the order
of investiture, which was part of the feudal system. Strong-
bow assumed the principality of Leinster as the dower of
his wife; this, though consonant with English feudal law,
was contrary to the Brehon Code, and, had right pre-
vailed, Strongbow's claims, and those of his followers, were
266 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
subject to the obligations of that code, as they represented
Dermod.
Henry became jealous of the rising power of Earl Strong-
bow, and he addressed the following inhibition to the
English in Ireland : —
" We, Henry, &c., &c., forbid and inhibit that from henceforth no
ship from any place in our dominion shall traffic or pass into Ireland,
and likewise charge that all our subjects upon their duty and allegi-
ance which are there shall return from thence to England before
Easter next following, upon pain of forfeiture of all their lands, and
the person so disobeying to be banished from our land and exiled
for ever."
Strongbow, who did not wish to lose his English possessions,
or to exchange them for those he acquired in Ireland, sent
the following reply by Sir Raymond le Gros to Henry.
" Most puissant Prince, my dread Sovereign, I came into this land
with your Majesty's leave and favour (as far as I remember) to aid
your servant Dermod MacMorrough ; what I have won with the sword,
what was given me, I give you ; I am yours, life and living at your
command."
This answer appeased Henry ; the Earl remained at the
head of the English and native forces. But Henry was
not satisfied with this acknowledgment of his position. He
called his vassals around him and fitted out an expedition ;
and in October, 1171, he landed at Waterford with 5°°
knights and 4,000 men-at-arms.
Roger of Hovenden, a contemporary historian, gives the
following account of Henry's proceedings in Ireland : —
" On the next day after the coming of the King of England to
Ireland, namely, on Monday, October the i8th, the festival of St.
Luke the Evangelist, he and all his armies proceeded to Waterford,
an Episcopal city. And there he found William Fitz-Adholm, his
brother, and Robert Fitz-Reinard, and certain others of his own
family, whom he sent on before him from England. And there he
stayed fifteen days (until there had come to him the kings and nobles
of the country). And there came to him, by his own order, the King
of Cork and the King of Limerick and the King of Ossy and the
THE HISTORY OF LANDHOLDING IN IRELAND. 267
King of Meath, and Reginald of Waterford, and almost all the
princes of Ireland except the King of Connaught, who said that he
was of right the lord of all Ireland. The King of England, how-
ever, could not by any possibility attempt to crush him in war at
that wintry season, in consequence of the flooded state of the
country and the rugged mountains and desert wolds that lay between
them. Moreover there came to the King of England in the place
above mentioned all the archbishops, bishops, and abbots of all Ireland,
and they received him for king and lord of Ireland, swearing fealty
to him and his heirs, and the power of reigning over them for ever,
and thereupon they gave him their papers [in the form of deeds with
seals attached], and after the example set them by the clergy the
aforesaid kings and princes of Ireland did in like manner receive
Henry, King of England, for lord and king of Ireland, and became
his men, and swore fealty to him and to his heirs against all men."
Henry left Waterford for Dublin on the 2nd November,
1171, and arrived in that city on the nth November. He
remained in Ireland until the i/th April, 1172. No battle
was fought while he was in the country. He was received by
the Irish princes more as a protector and patron than an
enemy. . Henry assumed the title of Lord of Ireland, and
departed without striking one blow, or building one castle, or
planting one garrison. Such was the conquest of Ireland by
Henry II., which was as unjustifiable as it was inefficient.
Sir John Davis, Attorney-General in the time of James I.,
thus describes the excursion of Henry II. into Ireland : —
" He departed out of Ireland without striking one blow, or building
one castle, or planting one garrison among the Irish ; neither left he
behind him one true subject more than those he found there at his
coming over, which were only the English adventurers spoken of
before who had gained the port towns in Leinster and Munster, and
possessed some slopes of land thereunto adjoining, partly by Strong-
bow's alliance with the Lord of Leinster and partly by plain invasion
and conquest. The part of this island which was occupied by the
adventurers, consisting of a small district round Dublin, and some
ports along the south and east coasts, was taken under the direct
dominion of the King of England, placed under the feudal law, and
268 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
organized on the feudal system; the rest remained in the jurisdiction
of the native chiefs and under the Brehon or Irish law."
Roderic O'Connor, King of Ireland, who had expelled
Dermod for his conduct towards O'Ruarc, Prince of Breffrey,
refused at first to acknowledge Henry's sovereignty, but in
1175, four years later, he entered into a treaty with Henry,
which commences in the following manner : —
" This is the final treaty agreed to at Windsor on the octaves of
St. Michael's Day, in the year of grace 1175, between our Lord Henry,
son of the Empress Matilda, King of England, and Roderic, King
of Connaught, through the agency of Catholicus, Archbishop of
Tuam, and Cantordes, Abbot of St. Brendan, and Master Laurence,
Chancellor of the King of Connaught.
" To wit, that the King of England grants to the aforesaid
Roderic his liegeman, King of Connaught, so long as he
faithfully serves him, that he shall be a king holding under
him and ready to serve him as his own man, and that he is
to retain possession of his present territories, as firmly and
peaceably as he held them before that our lord the King of England
came into Ireland, paying him tribute ; and that he is to have under
his superintendence and jurisdiction the whole of the remaining part
of the land and its inhabitants, so as that they shall pay their tribute
in full to the King of England through his hand ; and that they shall
still enjoy their own rights, and that the present holders shall continue
to hold in peace, so long as they remain faithful to the King of Eng-
land, and pay him faithfully and in full their tribute and other dues
which they owe him through the hand of the King of Connaught,
saving in all things the privilege and honour of our lord the King of
England and his ' own ' [/. e., the rights, &c., of King Roderic]."
The tribute consisted of one hide for every tenth head of
cattle killed in Ireland. The king reserved to himself Dublin
and its appurtenances, all Meath and Leinster, besides
Waterford and Dungarvan, which had been the territories of
Dermod, King of Leinster.
Roderic was King of Ireland, and the treaty proves that
Henry limited his claims to that part of the land of Ireland
of which Dermod MacMorrough was prince, and even in
THE HISTORY OF LANDHOLDING IN IRELAND. 269
that portion Henry did not acquire any rights not possessed
by Dermod, and the inferior estates of the chiefs and
members of the clans were not disturbed by the proffered
vassalage. The tribute levied on the rest of Ireland was a
sort of black mail to avert injury, but the fact that Henry
never visited Connaught or acquired possession of the land was
pleaded in an action in Galway, in the reign of Charles I.,
when the jury found that Henry had not acquired these
lands.
Ireland was, according to the Multifinan MSS., divided as
follows for fiscal purposes : —
Munster 70 cantreds, 2,100 town lands, 16 800 carracutes.
Leinster 31 „ 930 „ 7,400
Connaught 30 „ 900 „ 7,200 „
Ulster 35 „ 1,050 „ 8,400
Meath 18 „ 540 „ 4,320 „
Total 184 5,520 „ 44,120,
Each carracutewas about 120 acres, and this would make
the grazing land 5,254,400 acres ; the area under tillage in 1875
was 5, 332,81 3 acres ; the number of cattle then was 1,656,000;
in 1848 it was 1,435,291. The tribute paid by Roderic
O'Connor would make the number of cattle in Connaught
270,000, in 1841 it was 298,877. One of the reasons which
conduced to Henry's ready reception by the Irish princes was
the hope that it would tend to secure better order and tran-
quillity in the realm. Radulphus de Diceto, Dean of London,
who flourished under King John, A.D. 1 197, says : —
" When the people of Ireland saw how wholly the mind of the
King of England was set upon promoting and establishing peace, he
being one that neither countenanced evil deeds by indulgent treat-
ment, nor issued hasty sentence of death against any man summoned
by his edict, they came to him suing for peace."
Jan. 1 1 72 Henry convened the Council of Cashel, of which
Giraldus Cambrensis observes : —
270 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
" While the island was therefore thus silent in the presence of the
king, enjoying a tranquil calm, the monarch, wisely influenced by a
strong desire to magnify the honour of God's church and the worship
of Christ in those parts, summoned a council of the entire clergy of
Ireland to meet at Cashel."
Amongst the enactments are those for the payment of
tithes, the honouring of churches with due devotion, and
constant attendance at them, labouring by every means to
reduce the state of the Church to the model of the Church of
England. Some time after this council, King Henry sent to
Rome to Pope Alexander III. a copy of the decrees passed
at it and a copy of the deeds of submission to himself, as
king and lord of the newly-acquired island which he had
received from the archbishops and bishops, and the pontiff
"by his apostolic authority confirmed to him and to his heirs
the kingdom of Ireland according to the form of the deeds of
the archbishops and bishops of Ireland." Pope Alexander
wrote three letters, all bearing date the 2Oth September, 1 172,
one addressed to the prelates of Ireland, another to Henry
II., and another to the Irish nobles. The first is addressed
to Christian, Bishop of Lismore, legate of the apostolic see,
Galasius, Archbishop of Armagh, and the archbishops and
bishops of Ireland. He tells them that he is thankful to
God for granting to Henry such a noble victory and triumph,
and urges them to be very zealous in supporting a monarch
who was so "magnificent a personage and so truly devout a
son of the Church," and that they should assist him to the
best of their power in retaining possession of the country, and
if any of the kings, princes, or other people of the country
should attempt to act in opposition to the oath of fealty they
had made to King Henry, they, the bishops of the Church,
were first to admonish him concerning his offence, and then,
if their admonition were unheeded, to visit him with the
terrors of ecclesiastical censure. " Be sure," says he, " that
you execute our commands with diligence and earnestness,
that as the aforesaid king, like a good Catholic and truly
Christian prince, is stated to have paid to us a pious and
THE HISTORY OF LANDHOLDING IN IRELAND. 271
benign attention in restoring you, as well the tithes as the
other ecclesiastical dues, so you likewise may yourselves
maintain, and as far as in you lies, procure that others shall
maintain whatever privileges appertain to the king's dignity."
The letter to King Henry praises him for his efforts to extend
the power of the Church ; he asks the king " to preserve to us
in the aforesaid land the rights of St. Peter ; and, even if the
said Church have no such jurisdiction there, that your Highness
should assign and appoint it for her." In the third letter to
the Irish princes, he tells them how happy he had been to
learn that they had wisely submitted to such a potent and
magnificent king as their sovereign lord ; a circumstance that
promised their country, as he tells them, much greater peace,
tranquillity, and improvement, and he exhorts them to be
good subjects of King Henry, and to observe carefully the
fealty and allegiance which they had promised on their
oath to that prince.
In 1177 Henry II., having obtained license from Pope
Alexander III., appointed his son John, King of Ireland in
the presence of the bishops and peers, and in 1186 Pope
Urban sent over two legates into Ireland to crown John, the
king's son, there.
The relative value of Ireland and England in the reign
of King John may be judged by the fact that when that
miserable king by an instrument or charter granted to
Innocent III. and his successors the whole kingdom of
England and the whole kingdom of Ireland, and took back
an estate thereof by an instrument sealed with a seal of
lead, he undertook to pay 700 marks a year for England and
300 marks a year for Ireland. Ireland was then in point
of inhabited houses considered to be to England in the ratio
of two to seven. Ireland at the present day is to England in
point of income as one to fourteen, though the population
is about in the ratio of one to four. The recently pub-
lished State papers, 1171 to 1251, do not contain any
grant of land in Ireland during the reign of Henry II.
Many were made in the reign of King John. The first, July
272 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
16, 1199, was made to the Knights Templars. It was followed
by two grants to Walter Cross, one of the two islands of
Asmudesty and Clere, for which the King received forty
marks and the service of one and a-half knight's fee, the
second gave one knight's fee at Karventhi and Kalke, two
knights' fees at Kildeyn in the cantred of Huhene, and of
five burgages within the walls of Limerick. Sept. 6 of same
year there is a grant to Hamon de Valoignes of the two
cantreds of Hochenel in the land of Limerick to hold of the
King by the service of ten knights, and the same date a grant
to Thomas Fitzmaurice of five knights' fees in the fee of
Eleuri and cantred of Fontunel, and of five knights' fees in
the fee of Huamerith in Thomond, on the river Shannon, and a
burgage near the bridge on the left within the walls of
Limerick. The same date there is a grant to William de Naas,
of the castle of Karaketel, with five knights' fees in the
fee of Syachmedth and cantred of Huhene and also of a
burgage within the walls of Limerick. The same date a
grant to William de Burgh of Aspatria, of the rest of the
cantred of Fontunel, remaining in the king's hands, by the
service of three knights' fees. The same date of a grant to
Lambekin Fitzwilliam of a fee of five knights in the cantred
of Hueme, and a burgage within the walls of Limerick, and
the same day a grant to Robert Seignel of one knight's fee
Chonchuherdechan^ in the fee of Huerthern, and a further
grant of four burgages within the walls of Limerick.
Sept. 1 2, same year, there are grants to Elyas Fitz-Norman,
of the vill or adlongport, on the river Sur, to Humphrey of
Tekeull of Kilduna, with three circumjacent knights' fees
and a burgage in Limerick.
Sept. 12. Grant to Milo de Brit of twelve carracutes of
land at Long in the fee of Othohel and cantred of Huheme.
Then follow at intervals grants to Gerald Fitzmaurice,
Geoffrey Fitzrobert, John de Gray, Hugh Hose, William
de Burgh, the Knights Hospitallers, Meyler Fitzhenry, to
the Cistercian monks, to Thomas Abbot of Glendalough,
to the abbey and monks of Blessed Mary, in Mayo, to
THE HISTORY OF LANDHOLDING IN IRELAND. 273
Geoffrey de Costentus, Geoffrey de Marisco, Richard de Felder,
and many others. In most cases a fine was paid to the king
as well as the knights' service. Thus I find, Jan. 12, 1200,
William de Breonne gives the king 5,000 marks tha the may
have the honour of Limerick. The king retains in his
demesne the city of Limerick, the gift of all bishoprics
and abbeys and all royalties, the cantred of the Ostmen and
the Holy Isle, and the tenements and service of William de
Burgh, three cantreds in Cork to hold by the service of ten
knights. To Philip de Prendergast of forty knights' fees, of
which fifteen were between Cork and Insovenoch. To
William Marshall, Earl of Pembroke, of his land in Leinster,
to hold by service of 100 knights. To Murad O'Brien of
cantred in Thomond, and to Richard de Burgh of all the
land of Connaught which William his father held of the
King.
One of the early English settlers affords an instance of the
way in which they were disposed to act towards the occupiers.
Henry de Londres was not only Archbishop of Dublin and
Papal Legate, but he was also Justiciary, an office equivalent
to that of Lord Lieutenant. After his instalment as arch-
bishop (1212) he summoned all the tenants and farmers of
the see to appear before him on a day appointed, and to bring
with them such evidences and writings as they enjoyed their
holdings by. The tenants, at the stated time, presented
themselves, and showed their evidences to their landlord,
" mistrusting nothing ; " but before their faces, on a sudden,
he cast them all into a fire secretly prepared. This fact
amazed some that they became silent, and moved others to a
strong choler and furious rage that they regarded neither
place nor person, but broke into irreverent speeches :
" Thou an archbishop ! nay, thou art a scorch-villain"
Another drew his weapon, and said, "As good for me to
kill as be killed, for when my evidences are burned
and my living taken away from me I am killed." The arch-
bishop, seeing this tumult and imminent danger, went out at
a back door ; his chaplains, registers, and summoners were
T
274 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
well beaten, and some of them left for dead. They threatened
to fire the house over the bishop's head ; some means were
taken to pacify their outrage, with fair promises that all here-
after should be to their own content : upon this they departed.
See Ware's "Annals of Ireland."
King John, as well as his son, Henry III., attempted to in-
troduce English laws into Ireland, but their policy was frus-
trated by the barons, who preferred leaving the native Irish
to be governed by their own laws and customs, which, being
framed for a peaceful, contented people, gave more power to
the strangers to persecute and oppress them ; for, as the
King's courts were not open to the Irish, who continued to be
governed by the Brehon Code, the Normans could, if the blood
of a relative was shed, plead that he was only an Irishman,
and thus be secured from human vengeance. The unfortunate
inhabitants, perceiving the advantage to be derived from Eng-
lish laws, petitioned Edward I. to admit them to the protec-
tion of British law, and offered him a purse containing 8,000
marks as an acknowledgment in return for the desired benefit.
Twice they urged the appeal, and twice the king received it
into favourable consideration, but evil influences prevailed,
and the heartless rulers of Ireland succeeded in defeating the
good intentions of the King and the just claims of an op-
pressed people, and in 1315 "Donald O'Neyl, King of
Ulster and rightful successor to the throne of all Ireland, and
the princes and nobles of the said land, as well as the Irish
people," addressed Pope John XXII. They say, —
"That Pope Adrian, an Englishman, at the false suggestion of
Henry II. made over to him the dominion of our realm," they say,
" we were despoiled of our royal honour without any offence of ours,
and handed over to be lacerated by teeth more cruel than those of
any wild beasts." " For since that time when the English, upon
occasion of the grant aforesaid, under the mask of a kind of outward
sanctity and religion, wickedly crossed the borders of our realm, they
have endeavoured with all their might, and with every act of treachery
they could employ, to exterminate and completely to eradicate our
people from the country, and by means of low crafty scheming they
THE HISTORY OF LANDHOLDING IN IRELAND. 275
have so far prevailed against us, that expelling us violently, without
regard to the authority of any superior, from our spacious habitations
and patrimonial inheritance, they have forced us to repair, in the
hopes of saving our lives, to mountainous, woody, swampy, and
barren spots ; and exerting themselves to the utmost of their power
to drive us from them, and to seize upon every part of our native soil
for themselves, contrary to all right ; falsely asserting, in the extreme
frenzy which blinds them, that we have no right to any free
dwelling-place in Ireland, but that the whole property of the
said country belongs entirely of right to themselves."
The document goes on to expose the treatment which the
Irish received, and begs the Pope to appoint Edward Bruce
to be king over them, and prayed that, out of a regard to
justice and public tranquillity, the Pope would "forbid the
King of England and our adversaries to molest us for the future ;
or, at least, kindly vouchsafe to execute for us upon them the due
requirements of justice." The Pope, on receiving this appeal,
addressed a remonstrance to King Edward, in which he re-
minds him that God hears the groans of the oppressed, and
urges the expediency and advantage which would arise to the
king from his looking into the wrongs of the Irish and grant-
ing them redress, so as to cut off all occasion of just com-
plaint.
The Irish princes and nobles also complained to Pope John
XXII. of the exclusion of Irishmen from positions in the
Church, and referred to the decree of the Council of Kilkenny,
which totally excluded all Irishmen from ordination or ad-
mission into the religious bodies.
The inhabitants were classified by the Duke of York, in
his despatches to Richard II., as follows : —
" ist. Liegemen, or good subjects. 2nd. Irish enemies who had
never submitted to the government, and who were, indeed, in a state
of almost constant warfare with it. 3rd. Rebels, who, from being
subjects by birth and submission, had taken up arms against the
State, or at least renounced English laws and institutions."
In the reign of Henry III. the rights of ladies with regard
276 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
to the succession to land became the subject of legislation,
and an Act was passed (14 Henry III.) which says, —
" Henry, King of England and Lord of Ireland, &c., &c. Certain
knights of Ireland have made application to the king respecting the
descent of land to sisters in Ireland, whether the younger sisters
should do homage to the elder sister or to the king. The reply was,
that by the custom of England they held as co-partners, and each
should do homage to the king ; and it enacts that this custom shall be
proclaimed throughout our dominion of Ireland, to be straitly kept."
The sovereign tried to check the lawlessness of the English
settlers and the king's officers ; but as their object was to
obtain the lands of the Irish people, the statutes of the
sovereign became a dead letter. The i/th Ed. II., A.D. 1323,
enacts, —
" i. That the king's officers shall not purchase lands in Ireland
without licence j and if any do the contrary, it shall forfeit to the king
and his heirs.
" 2. That they shall not by colour of their offices take victuals of
any person against his will.
" 3. That they shall not arrest ships or other goods of strangers or
our own people, but that all merchants and others may carry their
corn and other victuals and merchandises forth of our realm of
Ireland into our realm of England, and unto our land of Wales,
under penalty of double damages, and shall also be grievously
punished by us."
Edward IV. sought to break down the existence of the
clan or sept, which, as joint owner of the land of the tribe,
continued to maintain its existence, and a law was passed in
the fifth year of his reign, which sought to abolish the clan
names. It enacted, —
" That the Irish dwelling amongst the English in the counties of
Dublin, Moth (Meath), Urul (Louth and Monaghan), and Kildare,
should no longer be called by the name of their sept or nation, but
each one should take upon himself a several surname, either of his
trade or faculty, or of some quality of his body or mind, or of the
place where he dwelt, so as every one to be distinguished from the
other."
THE HISTORY OF LANDHOLDING IN IRELAND. 277
It is not my object to write a history of Ireland, or to give
any account of the unhappy incidents which arose from the
weakening of the ancient system of laws and the absence of a
competent jurisdiction. Sir John Davis, whose leanings
were towards the English, observes, —
" Though Henry II. had the title of sovereign and lord over the
Irish, yet did he not put those things in execution which are the true
marks of sovereignty. For to give laws unto a people ; to institute
magistrates and officers over them; to punish and pardon male-
factors ; to have sole authority of making war and peace, and the
like, are true marks of sovereignty, which King Henry II. had not in
the Irish countries ; but the Irish lords did still retain all these pre-
rogatives to themselves ; for they governed their people by the
Brehon law; they made their own magistrates and officers, they
pardoned and punished all malefactors within their several countries ;
they made war and peace one with another without controlment, and
this they did not only during the reign of Henry II., but afterwards
in all times, even until the reign of Queen Elizabeth."
The only object of the English appears to have been to
acquire territories for themselves, and few crossed to Ireland
except rude and barbarous warriors. The English adventurers
and colonies planted took land from the Irish, yet they, as well
as the Irish, strove to be independent of the Crown, and rose
frequently in rebellion. In this state of disturbance many of
the Irish were anxious to obtain the protection of English
laws. The Brehon Code did not impose capital punishment,
and if an Englishman murdered one of the mere Irish he
claimed to be tried by Brehon law ; while, if an Irishman
murdered an Englishman, it was avenged with the utmost
rigour.
" As long as they (the Irish) were out of the protection of English
law," says Sir John Davis, " so as every Englishman might oppress,
spoil, and kill them without controlment, how was it possible they
should be other than outlaws and enemies to the crown of England ?
If the king would not admit them to the condition of subjects, how
could they learn to acknowledge and obey him as their sovereign ?
When they might not converse or commerce with any civil men, no
278 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
enter into any town or city without peril of their lives, whither should
they fly but into woods and mountains, and there live in a wild and
barbarous manner ? For, in a word, the English would neither in
peace govern them by law, nor in war root them out by the sword ;
must they not needs be pricks in their eyes and thorns in their sides
till the world's end?"
Where such a writer as Sir John Davis speaks of rooting
out an entire people with the sword, we may easily fancy the
feeling that actuated more ignorant and barbarous men.
The object of the adventurers was to acquire the lands of
the Irish ; they were harassed and tormented. Maurice
Fitzthomas, of Desmond, began that system of extorting
coin and livery, called in the old statutes a damnable custom,
the imposing and taking of which was made high treason.
" Besides," says Davis, " the English colonies being dispersed in
every province of this kingdom, were enforced to keep continual
guards upon the borders and marshes round about them, which
guards consisting of idle soldiers were likewise imposed as a continual
burthen upon the poor English freeholder and tenants, the great
English lords and captains had power to impose this charge when
and where they pleased ; many of the poor freeholders were glad to
give unto these lords a great part of their lands to hold the rest free
from that extortion ; and many others, not being able to endure that
intolerable oppression, did utterly quit their freeholds and returned to
England. By these means the English colonies grew poor and weak,
though the English lords grew rich and mighty ; for they placed Irish
tenants upon the lands relinquished by the English, upon them they
levied all Irish exactions, with them they married and fostered, and
made gossips ; so as within one age the English, both lords and free-
holders, became degenerate and mere Irish in their language, in their
apparel, in their arms and manner of fighting, and all other customs
of life whatsoever."
This sad picture shows how a noble people, intelligent and
highly cultivated, sunk under tyranny and oppression.
One of the Lord Deputies, in the reign of Henry VIII.,
gives the following picture of that portion in the possession
of the English : —
THE HISTORY OF LANDHOLDING IN IRELAND. 279
"The Pale is overrun with thieves and robbers. The soldiers
so beggarly that they could not live without oppressing the subjects.
Leinster was harassed by the Tooles, Burns, &c., but especially the
county of Kilkenny was almost desolate. Munster, by the dissen-
sions between the Earls of Desmond and Ormond, was almost ruined.
Connaught was almost wasted by the feuds between the Earl of
Clanricarde and McWilliam Oughton, and Ulster was in open
rebellion with Shan O'NeiL"
One of the State Papers addressed to King Henry VIII.
about the year 1515, thus describes the land of Ireland, —
" If the land of Ireland were put once in order, it would be none
other than a very paradise, delicious, of all pleasaunce in respect and
regard of any other land in this world. Inasmuch as there was never
stranger or alien person, small or great, who would avoid therefrom
by his will, notwithstanding the misorder, if he might have the
means to dwell therein. How much more would be his desire to
dwell therein if the land were once put in order."
The putting in order which appears to be contemplated was
the handing over to the English settlers the land of the Irish
owners. The history of land in Ireland is almost an unvary-
ing tale of spoliation.
Absence from Ireland was sufficient to forfeit lands held in
that country. The condition upon which these lands were held
implied residence, for it was found necessary, in the reign of
Henry VI.,* to pass an Act by which such lands would not be
forfeited in cases in which the person was employed upon
the king's business.
* The 25th Henry VI., cap. 2, and 2$th Henry VI., cap. 9, runs thus,
" Also it is ordained and agreed that if any of the King's liegemen or
officers of his land of Ireland be out of said land of Ireland by the com-
mandment of the King or his Heirs, Lieutenants, their Deputies, Justices,
or the King's Council of Ireland, that their lands, Tenements, Rents,
Benefices, or Offices, or other possessions whatsoever by their said
absence shall not be seized or taken into the King'shands or his heirs, nor
their offices void; and if so fortune that any of the said officers be taken
by pirates or any other ill-doers or enemies, that they, at their return
may occupy their said offices, notwithstanding any grant or gift of the said
offices made to any other person in their absence, and if any service or
gift be made to the contrary, the same shall be void and holden for none."
280 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
The English settlers, the descendants of the Roman barons,
became less and less civilized, and they were described in the
language Hibernus ipsis Hiberniores, i. e., more Irish than the
Irish themselves. Rapine, injustice, and spoliation were the
rule of these lords ; and suffering, misery, and destitution the
lot of the Irish people, who were deprived of the privilege of the
mild laws of the Brehon code, which were unequal to control
Norman violence, and who did not receive the compensating
advantage of the English common law ; and the difficulties
of the Irish were aggravated by an enactment which made the
head of the sept answerable for every one of the sept, and bound
him to produce him when charged with treason, felony, or any
other heinous crime ; thus the innocent were made to suffer
with the guilty, and the lands of the whole sept were liable to
fine for the non-jurisdiction of one of the real or supposed
members of the sept. They were punished without trial,
judgment preceded inquiry, and innocence and guilt were
confounded in indiscriminate retribution.
Henry VIII. altered the title borne by his predecessors,
and by an Act passed in the thirty-third year of his reign, that
monarch took " for himself, his heirs and successors, the style
and title of King of Ireland." The Act provided that " the
king shall enjoy that style and title and all other royal pre-
eminences, prerogatives, and dignities, as are united and
annexed to the imperial crown and realm of England." Yet
the Irish asserted their rights to their land, for Spencer
relates : —
" That the Irish have always preserved their own law, which is the
Brehon law, and that at the Parliament held by Sir Anthony St.
Leger, Lord Deputy in the reign of Henry VIII., the Irish lords in
acknowledging Henry for their sovereign reserved unto themselves
all their former titles, tenures, privileges, and seigniories invalidate,
and that their ancestors had no estate in any lands, seigniories, or
hereditaments longer than during their own lives, for all the Irish
da hold their land by tanistry, which is no more but a personal estate
for his life, that is tanist, by reason that he is admitted thereunto by
the election of the country."
THE HISTORY OF LANDHOLDING IN IRELAND. 281
Henry VIII. appears to have grappled very resolutely
with one of the evils of English rule — the non-residence of the
nobles. This, though the subject of previous legislation, was
not enforced with vigour, but an Act in relation thereto was
passed in the twenty-eighth of his reign, which is so quaint in
its language, and so descriptive of the state of Ireland, that I
quote its preamble at length. It declares, —
28th Henry VIII., c. 3. — Forasmuch as it is notorious and manifest that
this the King's land of Ireland heretofore being inhabited, and in due
obedience and subjection to the King's most noble progenitors, Kings
of England, who in those days in right of the crown of England had
great possessions, rents, and profits within the same land, hath prin-
cipally grown into ruin, desolation, rebellion, and decay, by occasion that
great dominions, lands, and possessions within the same land as well by
the King's grants as by course of inheritance and otherwise descended
to noblemen of the realm of England, and especially the lands and
dominions of the earldoms in Ulster and Leinster, who having the same
both they and their heirs by process of time devising within the said realm
of England, and not providing for the good order and surety of the same
their possessions there,'in their absence and by their negligences suffered
those of the wild Irishmen, being mortal and natural enemies to the
Kings of England and English dominion, to enter and hold the same
without resistance, the conquest and winning thereof in the beginning not
only cost the king's said noble progenitors charges inestimable, but also
those to whom the said lands were given, then and many years after
abiding within said land nobly defended the same against all the King's
said enemies, and also kept the same in such tranquillity and good order
as the Kings of England had due subjection of the inhabitants there, the
laws obeyed and of their revenues and regularities were duly answered,
as in any other where within the realm of England, and after the gift or
descent of the said lands, possessions, and dominions to the persons
aforesaid, they and their heirs absented themselves out of the said land
of Ireland dwelling within the realm of England, not pondering nor regard-
ing the presentation thereof, the towns, castles, and garrisons appertain-
ing unto them fell in ruin and decay, and the English inhabitants there,
in default of defence and justice and by compulsion of those of Ireland
were exiled, whereby the said king's progenitors lost as well their dominions
and subjections there, as also their revenues and profits and their said
enemies by re-adopting or attaining the said lands, dominions, and posses-
sions were elevated into great dominion, power, strength, and puissafflfee
for the suppressing of the residue of the king's subjects of this land which
they daily ever since have attempted, whereby they from time to time
282 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
usurped and encroached upon the king's dominions, which hath been the
principal cause of the miserable estate wherein it is at the present time,
and those lands and dominions by negligence and in default of the very
inheritors, after this manner lost may be good example to the King's
majestic now being intending the reformation of this land, to foresee and
prevent that the like shall not ensue hereafter. It enacts that the lands
of Thomas Harvard, Duke of Norfolk, and Lord Berkely, his co-partner
in Carlow, Old Ross, and other manors ; those of George Talbot, Earl of
Waterford and Salop in Wexford, and the heirs general of the Earl of
Ormonde ; the Abbot of Furness ; the Abbot of St. Augustine's, Bristovv ;
the Prior of Chad Church, Canterbury ; the Prior of Lanthony ; the Prior
of Cartmel ; the Abbot of Kentisham ; the Abbot and Prior of Oswy ; the
Abbot and Prior of Bath, and the Master of St. Thomas Acres, should
forfeit their lands to the king, saving the right of all such as dwell in the
land except those named, and saving also the right of John Barnewall,
Lord Trimleton, and Patrick Barnevale.
Mr. Smith, in his work on the Irish, alludes to the following
curious circumstance. He says (p. 100),—
"In the reign of Queen Mary, when the septs of O' More and
O'Connell were attainted, the septs pleaded that the chieftain could
not by attainder forfeit the septs' lands, which he had never possessed.
It would perhaps have been difficult at that time in the case of any
of the great forfeitures to meet this plea. A feeling that the land
was still theirs, and that they were unjustly kept out of their posses-
sions, seems long to have survived these vast confiscations in the
minds of the native proprietors."
This shows that the system of Tanistry was continued in
Ireland, and that the obligation imposed upon the sept and
Crown were quite different from those which existed between
liegeman and lord under the feudal system. The latter was
a mutual tie of dependence and support ; while the chief of
the sept was merely an elected officer, and did not possess
the land of the clan.
A review of the four centuries that elapsed from the landing
of the English to the accession of Queen Elizabeth leaves
upon the mind the impression of evil unmitigated by a single
tint of good. The landing of the English cannot be elevated
into the ranks of conquest, inasmuch as it took place upon the
THE HISTORY OF LANDHOLDING IN IRELAND. 283
invitation of a wicked prince, to reinstate him in the
dominions from which he had been evicted for his crimes.
The English monarch accepted a subordinate position as an
Irish Prince or chieftain, and despoiled his own subjects.
The acquisition of part of Ireland added no lustre or strength
to the English Crown ; on the contrary, like all great
crimes, it brought its own punishment, and was a source of
weakness. It opened a field for truculent English nobles,
who, uncurbed by the sovereign, waged petty wars with the
Irish for the purpose of despoiling them of their lands. The
Barons became rebels. The Irish became disorganised, the
clans were forced into a warlike position quite foreign to the
genius of the Brehon code, in defence of their possessions, and
the chiefs placed at the head of armed forces imitated the
evil example of the English barons, and tried to acquire the
hereditary right over the joint property of the sept.' Two
systems of jurisprudence prevailed, yet neither had the full
support of the administrative power of the Crown. The
Irish were refused the advantages of education, and for-
bidden to minister in the Church. The object of the
governors was spoliation ; the adventurers lusted for the pos-
session of the lands of Ireland ; and as there could be neither
rebellion nor forfeiture where there was neither authority nor
obligation, the Norman invaders resorted to brute force;
" lauv lander enaughter" " the strong hand uppermost,"
became the motto of one of the most influential of the
English families, and swayed the policy of all the others. To
this was superadded the bitterness of religious strife, the
aid of foreign power was evoked by the rebellious English
subjects of the Queen. The Desmonds, the Geraldines, and
the De Burghos rose against the Crown, and sought not only
the aid of the more powerful Irish chieftains, such as the
O'Neils, but also that of Spain. An army landed in the
south, and it required 20,000 English troops to subdue
Ireland. The Crown seized upon the lands of its own
subjects, and Elizabeth rewarded Sir Walter Raleigh,
Edmund Spencer, and others by the gift of forfeited lands-
284 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
But the Irish executive did not wish for order or peace,
and one of Elizabeth's ministers is stated by Lascelles, in
Res gestos Anglorum in Hibernia, to have said, —
" Should we exert ourselves in reducing this country to English
order and civility it must soon acquire power, wealth, and consequence.
The inhabitants will thus be alienated from England ; they will either
cast themselves into the arms of some foreign power, or perhaps cast
themselves into a separate and independent state. Let us rather
connive at their disorders ; for a weak and disordered people can
never succeed in detaching themselves from the crown of England."
True policy would have suggested a different mode of pro-
ceeding. Elizabeth's favourite scheme was that of repeopling
it by an English colony ; she issued letters to every county
in England, encouraging younger brothers to become under-
takers in a plantation of Ireland. The forfeited lands of the
Desmonds were 574,628 acres, of which 244,080 were granted
to the undertakers, and the remainder were restored to such
of the former possessors as had been pardoned, and leases
were made to the native Irish tenantry ; thus those whom
Elizabeth wished to settle in Ireland defeated her intention,
and instead of resident proprietors they became absentee
middlemen."
Four Acts, the nth, I3th, 2/th, and 28th of Elizabeth, were
passed for the purpose of confiscating the lands of the O'Neil
in Ulster, those of the Knight of the Valley in Munster, of the
White Knight in Munster, and of Viscount Baltinglass and
the Desmonds in Leinster.
Spenser, who lived for some years in Ireland, thus speaks
of the country : —
" And sure it is yet a most beautiful and sweet country as any under
heaven ; being stored throughout with many goodly rivers, replenished
with all sort of fish most abundantly; sprinkled with many very
sweet islands and goodly lakes like little inland seas, that will carry
even shippes upon their waters, adorned with goodly wood, even fit
for building houses and shippes, so commodiously, as that if some
princes in the world had them, they would soon hope to be lords of
THE HISTORY OF LANDHOLDING IN IRELAND. 285
the sea and ere long of all the world ; also full of good ports and
havens, opening upon England, as inviting us to come unto them, to
see what excellent commodities that country can afford ; besides the
soil itself most fertile, fit to yield all kind of fruit that shall be com-
mitted thereto, and lastly, the heavens most mild and temperate, though
somewhat more moist in the parts towards the west."
Ireland was invaded by the English for the avowed purpose
of improving the condition of the people of the country ; it
had been held for about four hundred years, and let us ask,
what was its condition ? what were the benefits it received ?
The principal witness I shall produce is an Englishman, the
gentle author of the " Faerie Queene," who by the gift of Queen
Elizabeth became an Irish settler, and resided for many years
upon the borders of the counties of Cork and Waterford. He
says : —
"Notwithstanding that the same was a most rich and plentiful
country, yet they were brought to such wretchedness as that any
stony heart would rise at the same. Out of every corner of the
woods and glens they came creeping forth upon their hands, for their
legs would not carry them ; they looked like anatomies of death ;
they spake like ghosts crying out of their graves ; they did eat the
dead carrions, happy when they could find them, yea, and one another
soon after, insomuch as the very carcases they spared not to scrape
out of their graves ; and if they found a plot of watercresses or
shamrocks, there they flocked as to a feast for a time, yet not able
to continue there withal, so that in short space there was none almost
left, and a most populous and plentiful country suddenly left void of
man or beast."
Nothing can be more sad than this picture of the state of
Ireland. The same writer in 1596 added, —
" There have been divers good plots devised and wise counsels
cast already, about the reformation of that realm of Ireland. But
they say it is the fatal destiny of that land, that no purposes
whatsoever which are meant for good will prosper or take good
effect."
Spenser thus recommends husbandry : —
286 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
" Because by husbandry, which supplieth unto us all things necessary
for food, whereby we cheerfully live, therefore it is to be first provided
for. The first thing, therefore, we ought to draw these new tithing
men to ought to be husbandry. First, because it is the most easy to
be learned, needing only the labour of the body, next, because it
is most natural ; and lastly, because it is the enemy to war and most
hateth unquietness; as the poet saith, —
* * * " Bella execrata colonis ; "
for husbandly, being the nurse of thrift and the daughter of industries
and labour, detesteth all that may work her scath, and destroy the
travail of her hand, whose hope is all her lives, comfort unto the
plough."
As to the increase of cattle in Ireland he says, —
" I would, therefore, wish that there were some ordinance made
amongst them, that whosoever keepeth twenty kine should keep a
plough going, for otherwise all men would fall to pasturage and none
to husbandry, which is a great cause of the dearth now in England,
and a cause of the usual stealths in Ireland, For look into all
countries that live in such sort by keeping of cattle, and you shall
find that they are both very barbarous and uncivil, and also greatly
given to war. The Tartarians, the Muscovites, the Norwegians,the
Goths, the Armenians, and many others do witness the same, and
therefore, since now we purpose to draw the just from desire of war
and tumult, to the love of peace and civility, it is expedient to abridge
their great custom of herding, and to augment their trade of tillage
and husbandry."
The State Papers describe the condition of Ireland in the
following language (vol. ii., p. 14) : —
" What common folk in all the world is so poor, so feeble, so evil
beseen in town and field, so bestial, so greatly oppressed and trodden
under foot, fares so evil with so great misery, and with so wretched
life as the common folk of Ireland ? What pity is here wherewith
to report ! there is no tongue that can tell, no person can write. It
passeth far the orators and Muses all to show the order of the nobles,
and how cruel they entreat the poor common people. What
danger it is to the king against God to suffer his land, whereof he
THE HISTORY OF LANDHOLDING IN IRELAND. 287
bears the charge and the cure temporal, to be in the said misorder
so long without remedy ! It were more honour to surrender his
claim thereto, and make no longer prosecution thereof, than to suffer
his poor subjects always to be so oppressed, and all the nobles of
the land to be at war within themselves, always shedding of Christian
blood without remedy. The herd must account for his fold, and the
king for his."
The effect of the injustice which had been perpetrated and
heaped up with continuous and increasing violence upon the
Irish people was most deplorable. The dissemination of their
property embittered their minds, and drove them into hostility
to government. The refusal to admit the Irish to holy orders
deprived the Church of the power and influence which it
might have used to repress injustice and to soften the lot of
those who were exposed to it. The constantly recurring
rebellions of the Anglo-Norman nobles, who threw off the
power of the Crown and assumed the title and state of
princes, the wars between the Desmonds, Geraldines, and
Butlers, tended to create and aggravate the confusion. The
consequence of ill treatment was the degradation of the native
race, it became demoralized and degraded. I cannot do
better to illustrate their position than quote the words of
Edmund Burke, who wrote, —
" To render men patient under the deprivation of all the rights of
human nature, everything which could give them a knowledge or
feeling of those rights, was nationally forbidden. To render humanity
fit to be insulted, it was fit that it should be degraded."
Elizabeth had a long and most severe struggle to establish
her authority in Ireland, and at the end of a war of upwards
of seven years' duration, in which as many as 20,000 English
troops were engaged, a final capitulation was agreed upon,
but she did not live to see it perfected ; it was signed a few
days after her death. The country, worn out with this long
and tedious war, was at length prostrate at the foot of the
sovereign. The Plantagenets left to a new dynasty the duty
288 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
of reconstruction and restoration, and we shall see how that
trust was fulfilled.
PART IV. — THE STUART OR CONFISCATION PERIOD.
AFTER the rebellion and assassination of Shane O'Neil, 1568,
his estates and those of his adherents, being most of the
seignories and counties of Ulster, were confiscated by the nth
Elizabeth, c. i., 1569, and vested in the Crown. The lands
were given to English adventurers, but they found it impos-
sible to hold their ground against the original inhabitants. In
1588 O'Neill, the Earl of Tyrone, and other lords of Ulster,
entered into a combination to defend their lands and religion.
This war lasted fifteen years, and terminated in 1603. No
cruelties were spared by the Lord Deputy Mountjoy to put
them down. He made incursions on all sides, spoiled the
corn, burnt all the houses and villages, and the people were
reduced to live like wild beasts. Ireland, which had a popula-
tion of two millions, was reduced to one-half. " The multi-
tude," says Sir John Davis, " being brayed as it were in a
mortar with sword, famine, and pestilence together, submitted
to the English Government." All commodities had risen in
value: wheat had advanced from 363. to i8os. per quarter;
oatmeal, from 53. to 22s. per barrel, and other things in pro-
portion. The submission in 1603 led to the settlement of
Ulster by James I.
In 1586 the large estates of the Earl of Desmond in the
counties Cork, Limerick, Kerry, Waterford, Tipperary, and
Dublin, comprising 524,628 acres (statute measure), were
escheated, not for any overt act of treason, but on account of
his quarrels with the Earl of Ormonde. These large posses-
sions were a strong temptation to the Irish governors, but
they found some difficulty in passing a bill of attainder. A
claim was also set up by the Crown to the whole of Connaught
and the county Clare, and an arrangement was made with
the Lord Deputy, Sir John Perrott, that the lords and gentle-
men of that district should surrender them to the Crown
THE HISTORY OF LANDHOLDING IN IRELAND. 289
and receive back, Royal Letters Patent The surrenders were
not enrolled, and the patents were not delivered. James I.
issued a commission to receive the surrenders and re-convey
the estates, by new patents, to the lords and gentry, they
paying £3,000 for their enrolment in chancery. Though the
money was duly paid the enrolment was not made, and the
king claimed the land. The titles were pronounced defective,
and the whole district was adjudged to vest in the Crown.
This unfortunately resulted either from the negligence or
wicked design of the officials, based, as Carte observes, " on
a mere nicety of law which ought to be tenderly made use of
in derogation of the faith and honour of the king's broad
seal." The lords and gentry put no faith in the king's sense
of equity ; they appealed to his necessities, offered double
their annual compositions, and to pay a fine of £10,000. The
proposal was entertained, and the western scheme of planta-
tion was suspended.
The jurors were coerced or bribed into finding for the
Crown. The judges and law officers were rewarded. Sir
Arthur Chichester got large possessions in Ulster, which remain
in his "family to the present day, his descendant, the Marquis
of Donegal, having large estates in Ulster. Sir John Davis
was rewarded with a grant of 4,000 acres in the same province.
" No means of industry," says Leland, " or devices of craft
were left untried, and there are not wanting proofs of the
most iniquitous practices of hardened cruelty or vile perjury
and scandalous subornation, employed to despoil the fair and
unoffending proprietor of his inheritance."
"Where no grant appeared, or descent or conveyance in
pursuance of it could be proved (says Carte), the land was
immediately adjudged to belong to the Crown. All grants
taken from the Crown since 1st Edward II. till loth Henry
VIII. had been resumed by Parliament, and the lands of all
absentees, and of all that were driven out by the Irish, were, by
various acts, vested again in the Crown. . . . Nor did
even later grants afford full security ; for if there was any
former grant in being, at the time they were made, or if the
u
290 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
patents passed in Ireland were not exactly agreeable to the
fiat, and both of these to the king's original warrant trans-
mitted from England — in short, if there was any defect in ex-
pressing the tenure, or any mistake in point of form, there
was an end of the grant and the estate under it."
The following statutes, confiscating lands in Ireland, were
passed : —
Philip and Mary, 3 and 4, cap. i., ii. Disposing of Leix and Offaly.
„ „ cap. iii. Divers and sundry waste grounds
into shire grounds.
Elizabeth, 2, cap. vii. Restitution of the hospital of
St. John's.
„ 3, cap. iii. Lands of Christopher Eustace.
„ n, cap. i. Attainder of Shane O'Neile.
„ „ cap. iii. Thomas Knight of the Valley.
„ Sep. 4, cap. ii. Restoring the Earl of Kildare.
„ cap. viii. Attainder of Sir Oswalde Massing-
bred.
„ 12, cap. v. Attainder of all indicted for
treason, from April i, 1569, to
April i, 1571.
„ Sep. 2, cap. v. John Fitzgerald, the White Knight.
„ 27, cap. i. Attainder of James Eustace.
„ 28, cap. vii. Attainder of Earl of Desmond.
Attainder of John Browne and
others.
Mr. H. C. Hamilton, F.S.A., Assistant Keeper of the Public
Records, in the introduction to the Calendar of State Papers,
1509— 1573, says:—
" The power of the English in Ireland had so much decreased in
Henry VII. 's time that the old Irish system of government in clans or
separate small nations had revived and was in full force throughout the
greater part of the land. Of this government and its workings we
have the best and most ample accounts in these papers. The wars
of Henry VIII., Mary, and Elizabeth, reveal the whole strength and
weakness of the system, and show how the superior combination of
the English, supported by continual supplies of men and money from
home, prevailed over the craft and daring of the native chiefs and
favourite generalissimos."
THE HISTORY OF LANDHOLDING IN IRELAND. 291
In the arguments in the case of Tanistry, 5th James I., it was
alleged "that King John only made twelve counties in Leinster
and Munster, viz., Dublin, Meath, Uriel, Kildare, Cather-
lough, Kilkenny, Wexford, Waterford, Cork, Kerry, Limerick,
and Tipperary. But the other provinces and territories of
this kingdom, which are now divided into twenty-one counties
at large, being then inhabited for the greater part by the mere
Irish, were out of the limits of shire ground for the space of
300 years after the making of the first twelve counties, and
therefore it was impossible that the common law of England
could be executed in these counties and territories : for the
law cannot be put in execution where the king's writs cannot
run, but where there is a county and a sheriff, or other mem-
ber of the law, to serve and return the king's writs."
It was further urged that if a conqueror receives any of the
native inhabitants into his protection, and avoweth them for
his subjects, and permitteth them to continue their possessions
and remain at peace and allegiance, their heirs shall be ad-
judged in by good title without grant or confirmation of the
conqueror. The example of the Norman conqueror and that
of Wales were instanced as proving the legality of pre-existing
customs and rights, and it was urged that James I., by
special proclamation in the third year of his reign, declared
and published that he received all the natives of Ireland
into his royal protection, by which it was clearly resolved
that the common law of England was thereby established
universally in the kingdom of Ireland. The common law of
England, however, recognises existing customs, and, should
have legalized tanistry.
English Sovereigns and statesmen appear to have felt that
the Irish chieftains who had never held their lands from the
Crown, owed it no fealty. Many descendants of English
settlers intermarried into Irish families, and adopted the
Tanistry system. An effort to substitute holdings under the
Crown for the Irish system was made by the xii. Elizabeth,
cap. 5 ; it enables " the pretended lords, gentlemen, and free-
holders of the Irishry and degenerated men of English name,
292 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
holding their land by Irish custom, to surrender their lands to
the Queen, and of taking estates by letters patent, which shall
be good and effectual in the law, against all persons except
those who have estate, title, or right to the said lands by the
due course of the common law."
In 1604 Sir Arthur Chichester was appointed deputy, and,
says Lascelles, —
"A Commission of GRACE was issued under the great seal of
England, empowering the chief governor to accept surrenders of
those Irish lords who held of old on precarious tenure. Many
embraced this opportunity of converting their tenure for life into one
of fee, which should descend to their children. Others dreaded the
legal consequences of their late treason, and were impatient to
receive their possessions by a new investiture. So that this commis-
sion instantly produced a general surrender of lands. No chieftaincies
were now granted by letters patent ; no officers of justice to be
stationed, or to exercise an Irish seigniory. The lord by his new
patent was to be invested only with the lands found to be in his
immediate possession as a domain. His followers were to be con-
firmed by the king in their subordinate tenures on condition only of
paying the lord the stated rent, in place of all uncertain Irish exac-
tions. Building, planting, cultivation, and civilization were to follow
in the train of these regulations. The trading towns, were induced to
follow the example of the lords ; they surrendered their old and
accepted new charters with such regulations and privileges as tended
to keep them in subjection to the Crown."
"King James I.," says Plowden, pp. 100, 101, "in order more
effectually to secure the full dominion both of the Irish and their
property, published a proclamation, which is usually called the Com-
mission of Grace, for securing the subjects of Ireland against all claims
of the Crown. The chief governor was thereby empowered to accept
the surrender of those Irish lords who still held their estates or pos-
sessions by the old tenure of tanistry or gavelkind, and to regrant
them in fee simple according to the English law, thus converting
the estates for life of the chieftains into estates in fee simple. For
this there were two obvious reasons of State policy : the first was that
in case of forfeiture the whole would become vested in the Crown by
the attainder of the forfeiting person ; whereas if by the old tenure
of tanistry they remained tenants for life, the estates could only in
THE HISTORY OF LANDHOLDING IN IRELAND. 293
such cases be forfeited to the Crown for the life of the forfeiting
person, and would be saved to all remainder men, which by the old
Brehon tenure were in fact the whole sept. The second reason was,
that by vesting the fee simple in the chief, which by the course of
English law made it descendable to his eldest son or heir-at-law, it
excluded the sept from the reversionary distributive rights of gavel-
kind upon the death of the tenant for life, and thus detached the
septs from that common bond of interest and union with their chief
which gave them firmness, consistency, and consequence, and neces-
sarily threw them thus disjointed more immediately under the power
of the sovereign, by leaving only one freeholder or tenant to the
Crown in each sept. The new grants to the lords were limited to the
lands in their actual possession, and those lands which any of his
followers held on very precarious Irish tenures of the chief were con-
firmed to the mesne tenant, also in fee, upon paying to the lord a
certain rent, equivalent to the lord's beneficial interest in the services
or tenure of his tenant. Thus was the whole landed interest of
Ireland new modelled, and the example of these new patentees of
the Crown was followed by many trading towns and corporations
throughout the kingdom : they surrendered their old and accepted
new charters from the Crown."
Travelling was difficult in those days, and there was too
little disposition to preserve the rights of the inferior holders
or ter-tenants. The chieftain went through the ceremony of
surrendering the estate of the clan' or sept, yet he was only
joint owner with others, and got a new title to the whole
estate. He would not immediately proceed to enforce his
new seigniorial rights, and the occupants, finding no change in
their treatment, regarded the patent as a confirmation of
their existing rights, which entitled them to the possession of
the land subject to the payment of tribute. Hence arose
the claim for tenant right, which is a continuing assertion of
the ancient right of the occupiers. The existence of patents
gave the Crown increased rights of forfeiture, and we shall
presently see how they were exercised, and in the change of
superiors the rights of inferiors were further disregarded, and
those who were the real owners of the land were reduced to
tenancy or serfdom.
294 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
Any proprietary claims by the inferior members of the
sept were, however, rudely set aside, not by legislation, but
by a resolution of the judges, in regard to which, Professor
Sullivan, in the introduction to O' Curry's Lectures, says : —
" In Ireland all the Irish customs were set aside by a judgment
given in the year 1605, which more than any other measure, not
excepting the repeated confiscations, injured the country, and gave
rise to most of the present evils of the Irish land system."
These resolutions are reported by Sir John Davis, and as
they are very important I give them in extensis ; but I
cannot find that the case was argued before the court, or that
there was either plaintiff or defendant.
Hill, iii. Jacobi, reported by Sir John Davis, —
" The resolution _of the judges touching the Irish custom of gavel-
kind.
" First be it known that the lands possessed by the meet Irish
within this realm were divided into several territories and countries,
and the inhabitants of every Irish county were divided into several
septs or lineages.
" Secondly, in every Irish territory there was a lord or chieftain,
and a tanist who was his successor apparent. And of every Irish
sept or lineage there was also a chief who was called a canfinny, or
caput cognationis.
" Thirdly, all the possessions within these Irish territories (before
the common law of England was established in this realm as it now
is) ran always either in course of tanistry or in course of gavelkind.
Every seigniory or chiefry, with the portion of land which passed with
it, went without partition to the tanist, who always came in by election
or strong hand, and not by descent ; but all the inferior tenancies
were partible between males in gavelkind. Yet the estate which the
lord had in his chiefry, or which the inferior tenants had in gavelkind,
was not an estate of inheritance, but a temporary or transitory
possession. For, as the next heir of the lord or chieftain was not to
inherit the chiefry, but the oldest and worthiest of the sept (as is
shown in the case of tanistry\ who was often removed and expelled
by another who was more active and strong than he, so the lands of
the nature of gavelkind were not partible among the next heirs male
THE HISTORY OF LANDHOLDING IN IRELAND. 295
of him who died seised, but among all the males of his sep t, inthis
manner : — The canfinny, or chief of a sept (who was commonly the
most ancient of the sept), made all partitioners at discretion ; and
after the death of any ter-tenant, who had a competent portion of
land, assembled all the sept, and, having thrown all their possessions
into hotchpot, made a new partition of all ; in which partition he
did not assign to the son of him who had died the portion which his
father had, but he allotted to each of the sept, according to his
seniority, the better or greater portion. These portions or purpar-
ties, being so allotted and assigned, were possessed and enjoyed
accordingly, until a new partition was made, which, at the discretion
or will of the canfinny, was to be made on the death of each inferior
tenant, and so, by reason of these frequent transmissions and re-
movals, or translations of the tenants from one portion to another,
all the possessions were uncertain; and the uncertainty of the
possessions was the very cause that no civil habitations were erected,
no enclosure or improvement was made of the land in the Irish
countries where the custom of gavelkind was in use, especially in
Ulster, which seemed to be all one wilderness before the new plan-
tation made by the English undertakers there ; and this was the
fruit of this Irish gavelkind."
" Also by this Irish custom of gavelkind, bastards had their
portions with the legitimate, and wives were utterly excluded of
dower, and daughters were not inheritable, although their father had
died without issue male. So that this custom differed from the
custom of gavelkind in Kent, in four points."
" For, i, by the custom of Kent the land of the nature and tenure
of gavelkind is partible among the "next heirs, males only ; and such
co-parceners, after partition, have a certain estate of inheritance in
all their portions."
" 2. The bastards are not admitted to inherit equally with the
legitimate sons."
" 3. The wife of every tenant in gavelkind is endowable of a
moiety."
" 4. In default of males, the heirs female inherit, and therefore
the custom of gavelkind used in Kent hath been always allowed
and approved of as good and lawful custom by the law of England."
" But this Irish custom of gavelkind was agreeable in several of
these points to the custom of gavelkind which was in use in North
296 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
Wales, which custom was reproved and reformed by the stat. of
Rutland, made 12 Ed. I. See the stat. of 34 H. VIII., c. 28, where
the custom of gavelkind in Wales is utterly abolished, and divers
other usages resembling other customs of the Irish."
" For these reasons, and because all the said Irish counties and
the inhabitants of them from henceforward were to be governed by
the rules of the common law of England, it was resolved and
declared by all the judges, that the said Irish custom of gavelkind,
was void in law, not only for the inconvenience and the unreason-
ableness of it, but because it was a mere personal custom, and could
not alter the descent of inheritance."
" And therefore all the lands in these Irish counties were now
adjudged to descend according to the course of common law, and that
the wives should be endowed, and the daughters should he inherit-
able to these lands, notwithstanding this Irish custom or usage."
" And where the wives of Irish lords or chieftains claim to have
sole property in a certain portion of goods during the coverture, with
power to dispose of such goods without the assent of their husbands,
it was resolved and declared by all the judges that the property of
such goods should be adjudged to be in the husbands and not in the
wives, as the common law is in such cases."
This resolution of the judges, by the special order of the
lord deputy, was registered amongst the Acts of Council ; but
then this provision was added to it, " that, if any of the meer
Irish had possessed and engaged any portion of land by this
custom of Irish gavelkind, before the commencement of the
reign of our lord the king who now is, he should not be
disturbed in his possession, but should be continued and estab-
lished in it. But that after the commencement of his Majesty's
reign all such lands should be adjudged to descend to him
by common law, and should be adjudged from henceforward
possessed and enjoyed accordingly."
This resolution or decision, fairly carried out, would have
given each member of the sept the estate in fee of the land
which he held at the commencement of the reign of James I.,
it would have remained in his family and become an estate
of inheritance, thereby effecting in Ireland a change very
THE HISTORY OF LANDHOLDING IN IRELAND. 297
similar to that which took place in France, Switzerland, "and
Belgium, whereby the lands owned in common became
possessions in severalty, and a class, most useful to the com-
munity, who are now called peasant proprietors, was created,
but this breaking up of the lands in Ireland did not suit the
designs of the English adventurers, who wished to have them
in large lots, that they might be forfeited and re-granted.
It is now almost impossible to trace the means by which the
decision of the Irish judges was defeated, but it is apparent
that it gave every one of the ter-tenants an estate in fee
of the lands in his possession.
It must be borne in mind that America, Australia, and
India did not then offer fields for the settlement of English
adventurers, while Ireland was looked upon as the almost
only place for their migration. The existence of a large
number of small estates would not have suited the views of
these adventurers, who desired large possessions, and found
them more accessible when in few hands.
In 1604 Sir John Davis wrote to Cecil about the state of
the Church, and we may judge from it of the anarchy of
other holdings : —
" There are ten archbishops, and under them are, or should be,
twenty bishops at least. The Churchmen for the most part
throughout the kingdom are mere idols and ciphers, and such
as cannot read, if they should stand in need of the benefit
of their clergy; and yet most of those whereof many be
serving men and some horse boys are not without two or
three benefices apiece, for the Court of Faculties doth qualify all
manner of persons, and dispense with all manner of non-residence
and pluralities. For an example of pluralities the Archbishop of
Cashel is worthy to be remembered, having now in his hands four
bishoprics, Cashel, Waterford, Lismore, and Emly, and threescore
and seventeen spiritual livings besides. Should corrupt his lordship
too much if he should tell him how they disinherit these churches by
long leases, there being no such laws here as in England to restrain
them. But what is the effect of these abuses ? The churches are
ruined and fallen down to the ground in all parts of the kingdom.
298 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
There is no divine service, no christening of children, no receiving
the sacrament, no Christian meeting or assembly ; no, not once in the
year : in a word, no more demonstration of religion than amongst
Tartars or cannibals."
In another letter to the same statesman he says —
" If justice be well and soundly executed here but for two or three
years the kingdom will grow rich and happy, and in good faith he
thinks loyal, and will no more, like the lean cow in Pharaoh's dream,
devour the fat of the happy realm of England."
A case immediately affecting the question of tanistry was
brought before the Court of King's Bench, in Hilary Term,
in the 5th of James I. It is reported by Sir John Davis as
follows : —
" In Ejectione Firmae, bet-.veen Murrough MacBryan, plaintiff,
and Cahir O'Callaghan (ancestor of Lord Lismore), defendant, on
general issue joined, the jury found a special verdict to this effect,
viz., that the castle of Dromineen, where the entry and ejectment
is supposed to be made, lie within a certain place or precinct of
land called Publi-Callaghan, otherwise O'Callaghan's country, within
the county of Cork, and time out of mind have been of the tenure
and nature of tanistry; and that in all lands of the tenure and nature
of tanistry within Publi-Callaghan aforesaid, such custom hath been
used and approved time out of mind, viz., that when any person died
seised of any castles, manors, land, or tenements of the nature and
tenure aforesaid, then such castles, manors, lands, and tenements
ought to descend, and have time out of mind used to descend, seniori
et dignissimo vero sanguinis et cognominis of such person who so died
seised ; and that the daughter or daughters of such person so dying
seised, from time out of mind, were not inheritable of such lands or
tenements or any part of them.
"The jury further find that Donough MacTeige O'Callaghan,
chief of his name, was seised of the seigniory or chieftainship of
Publi-Callaghan, and of the lands aforesaid, according to the custom
and course of tanistry; and being so seised had issue Conogher
O'Callaghan; Conogher had issue Teige and Eleanor; Teige had
issue Donough MacTeige the younger ; Eleanor was married to Arl
O'Keeffe ; Conogher and Teige, his son, died in the life of Donough
THE HISTORY OF LANDHOLDING IN IRELAND. 299
MacTeige the elder ; afterwards the said Donough MacTeige the
elder by feoffment, according to the course of common law, executes
an estate to Donough MacTeige the younger, and to the heirs male
of his body, remainder to the right heirs of the feoffor. Donough
MacTeige the elder died, and Donough MacTeige the younger died
without issue male ; after whose death another Conogher O'Callaghan,
being the oldest and most worthy of the blood and surname of
O'Callaghan, entered into the land whereto and claimed to hold it
as lord and chieftain of Publi-Callaghan, according to the course of
tanistry, and was thereof seised proest lex postuliz,
" And they further find that the said Conogher being so seised sur-
rendered the said land and all his estate, right, title, and interest in
it to Queen Elizabeth ; on which the said queen, in consideration
of the said surrender, regranted the said land to the said Conogher
and his heirs, who entered and enfeoifed one Fagan, who enfeoffed
Bryan MacOwen, the lessor of the plaintiff.
"And they lastly find that Arl O'Keeffe and Eleanor his wife
died, and after their death Manus O'Keeffe entered and enfeoffed
Cahir O'Callaghan, the defendant, who entered and ejected the lessee
of Bryan MacOwen, and upon all this matter the jurors pray the
advice of the court, &c.
" Upon which one main question ariseth, viz., whether the title of
the heir at common law, which the defendant hath, or the title of the
tanist, which estate the lessor of the plaintiff hath, should be pre-
ferred as this case is. And in the discussion of this question three
principal points were moved and argued.
" i st. Whether the said custom of tanistry was void or not in itself,
or otherwise abolished by the introduction of the common law of
England ?
" 2nd. Admitting that it was a good custom, and not abolished by
the common law, whether it be discontinued and destroyed by the
feoffment, which created and limited an estate tail in the land, ac-
cording to the course of the common law, so as that it shall not be
reduced to the course of tanistry, when the estate tail is deter-
mined ?
" 3rd. Whether Conogher O'Callaghan, who entered as tanist
after the estate tail determined, gained a better estate by his surrender
to Queen Elizabeth and the re-grant made to him by letters patent ? '
The arguments in this case were very lengthened and
300 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
curious. It depended in the King's Bench for the space of
three or four years, and was argued several times, in the
course of which the Justices resolved : —
"That as Donough MacTeague held as tanist, which was not
an estate in common law, the re-grant by Queen Elizabeth in
consideration of the surrender of such estate was void in law, and
that Queen Elizabeth shall not be said to be in actual possession
of the land by reason of the first conquest, as it did not appear
by some reason that the conqueror had appropriated to him-
self as a parcel of his proper estate, and Sir James Ley, chief
justice, had laid down that if the conqueror receiveth any natives
into his protection, and avoweth them to be his subjects, and
permitteth them to continue their possessions and remain in his
peace and allegiance, their heirs shall be adjudged in by good title
without grant or confirmation by the conqueror, and shall enjoy their
land according to the rules of law which the conqueror hath allowed
or established : but afterwards, Sir Humphrey Winch being chief
justice, the parties, with leave of the court, came to an agreement by
which a reasonable division was made of this territory amongst them ;
in which division the castle and land in question amongst others were
allotted to Cahir O'Callaghan, the defendant; and now, besides
their mutual assurance, they have obtained several grants from the
king, by virtue of a commission for strengthening defective titles."
The main fact of interest is the finding of the jury that
the custom of tanistry had existed time out of mind in this
district, and that all the lands had time out of mind descended
seniori et dignissimo vero sanguinis et cognominis of the
person who had died so seised. It was, therefore, a custom
at common law, and as such could only be altered or set
aside by statute law.
In 1612 James I. proceeded to the settlement of the
O'Neil estate in Ulster, and we have three Acts of Parlia-
ment of that year relating to the forfeiture in the north of
Ireland ; but the most important incident of this reign
occurred in the following year, when the flight of Tyrone,
and the insurrection of Sir Cahir O'Dogherty, led to the
confiscation of their land, amounting to 500,000 acres, in
THE HISTORY OF LANDHOLDING IN IRELAND. 301
Donegal, Tyrone, Derry, Fermanagh, Cavan, and Armagh,
and enabled James to try his plan of a plantation. Three
classes of settlers were encouraged, — undertakers, servitors,
and the old inhabitants. The first class was confined solely to
the British and Scotch ; the second were permitted to take their
tenants from Ireland or Britain, provided they were not recu-
sant, and the third were permitted to retain their old reli-
gion, and to take the oath of supremacy. The undertakers
were entrusted with the places of most strength, the servitors
the stations of most danger, and the third class the open country.
The properties were to consist of three classes : ist, 2,000 acres ;
2nd, 1,500 acres ; and 3rd, 1,000 acres ; one-half the escheated
lands were to consist of the smallest class, and the other
half divided between the two larger classes. Their estates
were limited to them and to their heirs. The undertakers
got 2,000 acres, which they held of the king in capite; the
servitors 1,500 acres, which they held by knight's service, and
the third 1,000 acres, which were held in common socage ;
all were to reside upon the lands and build upon them. The
undertakers were to keep in their own hands a demesne of
600 acres ; to have four fee farmers of 1 20 acres each, six
leaseholders of 100 acres each, and on the rest eight families
of husbandmen, artificers, and cottagers, and the others lay
under like obligations proportionately. No lease was to be
less than twenty-one years or three lives. In order to assist
the scheme James I. created 200 baronets, who each paid a
sum sufficient to maintain thirty men in Ulster for three years
at 8d. per day. Such was the general scheme of this planta-
tion. It was found difficult to obtain British tenants. Build-
ings were slowly erected, the lands were let to the old natives,
who offered higher rents, and the conditions of residence were
not complied with ; and Sir John Davis, who was attorney-
general in this reign, thus speaks of the English system of
government : —
" They persuaded the King of England that it was unfit to com-
municate the laws of England to the Irish, that it was the best policy
to hold them as aliens and enemies, and to prosecute them with con-
302 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
tinual war. Hereby they obtained another royal prerogative and
power, which was to make war and peace at their own pleasure, in
every part of the kingdom, which gave them an absolute command
over the bodies, lands, and goods of the English subjects here."
One of the objects which James I. had in view in the
settlement of Ulster, /. e., the formation of an independent
yeomanry with perpetuity of tenure, was defeated by the con-
duct of the patentees, and in 1615 a commission was sent
over from England to inquire to what extent the articles
which prohibited the undertakers from devising any portion
of their lands at will, and enjoined them to make to their
tenants certain estates for life, for years, in tail, or in fee
simple, at fixed rents, had been observed. Sir Nicholas
Pynmer, one of the commissioners, reported that in many
cases the articles had been broken and no estates granted by
the undertakers. This report was shortly after followed by
an information, filed in the Star Chamber A.D. 1637, against
the Irish Society and some of the London companies, the re-
sult of which was a judgment of forfeiture against the com-
panies because they had not complied with the plantation
articles, but let their lands to the highest bidders, without
conditions of improvement and without a fixed tenure or a
certain rent. The companies, though disregarding the latter
of the articles, were forced to treat their tenants according to
their spirit, and it was held that, as the company could only
grant an estate in perpetuity, the tenant had obtained such
an estate, even though there was no deed to prove it, and
hence arose the custom of " Ulster Tenant Right," which is a
legitimate and legal deduction from the articles granted to
the undertakers, who were properly regarded as having given
their tenants that fixity of tenure which they were bound to
give. Under this construction of the patents, land held with-
out lease passed from tenant to tenant as if it were assigned
by deed, and men acquired the title without lease which the
original articles meant them to derive under deeds.
The success of the Ulster plantations encouraged James to
attempt the same elsewhere. Sixty-six thousand^ acres be-
THE HISTORY OF LANDHOLDING IN IRELAND. 303
tween the rivers Arklow and the Slade, which were for ages
possessed by the Irish septs, were found by inquisition to vest
in the Crown ; and 385,000 acres in Leitrim, Longford, West-
meath, and King's and Queen's Counties. It was found that
some parts were possessed anciently by English settlers, who,
in the disorders of the kingdom, had been expelled by the
natives ; other land appeared to be forfeited by rebellion, and
these lands, as the lands of absentees, vested in the Crown.
Old titles were invalidated : jurors that would not find for the
Crown were fined and punished. If the slightest informality
were found in the letters patent the lands were seised by the
king, who thought thereby to increase his income. In several
grants reservations of rent had been made to the Crown,
which for ages were not put in force ; all such rents were
now demanded, or acquittances for the same, and when they
were not produced the lands were forfeited.
In order to exemplify the manner in which the property
of Irish owners was dealt with in the time of James L, we
make the following extract from Carte's Life of the Duke of
Ormonde, vol. i., pp. 27, 28 :—
" One case in truth was very extraordinary, and contains in it such
a scene of iniquity and cruelty that, considered in all its circum-
stances, it is scarce to be paralleled in the history of any age or any
country. Pheagh MacHugh Byrne, lord of the Byrne territory, now
called Ranelagh, in the county Wicklow, being killed in arms towards
the latter end of the reign of Queen Elizabeth, she by her letters to
Loftus and Gardiner, then lords justices, directed letters patent to be
made out for Phelim MacPheagh, his eldest son, to have to him and
his heirs the county and lands of which his father Pheagh MacHugh
died seised.
" King James coming to the crown not long after, did in the
beginning of his reign give like directions for passing the said inherit-
ance to Phelim. This, Sir Richard Graham, an old officer of the
army, endeavoured to obstruct, and in order thereto sent out a com-
mission directed to Sir William Parsons and others to inquire into
the said lands, and upon the inquisition it was found that they were the
inheritance of Pheagh MacHugh Byrne, father to Phelim, and were
304 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
then in Phelim MacPheagh's possession. King James, therefore,
by a second letter directed that Ranelagh, and all the lands whereof
Phelim MacPheagh and Brian his son were then seised should
be passed to them and their heirs by letters patent, in consequence
whereof another office was taken, in which the lands were
found as in the former. The first office was not yet filed, Sir Richard
Graham having opposed it, and by his interest and the credit of a
general book which he produced, got possession of part of Phelim' s
lands by virtue of a warrant from the Lord Deputy. Sir James Fitz-
Piers Fitzgerald attempted likewise to get another part of them
passed to him upon the like authority, but Bryan, the son in whose
possession they were, complaining at the council-table, Sir James's
patent was stayed."
Carte describes the subsequent proceedings, but we must
condense the facts. Bryan petitioned the king against Sir
Richard Graham, and the case was remitted to the Council
Board which examined the matter, and Sir Richard Graham
was summoned to England. A commission of four gentlemen
were then appointed to examine the matter, and Graham,
finding that the final determination was likely to go against
him, adopted the expedient of alleging that these lands
belonged to the king, and that neither Byrne nor himself
had any right. James, always glad to get estates into his
possession from defective titles, issued a new commission to
Sir William Parsons and others to inquire into the title,
Bryan's patron, the Duke of Buckingham, had just gone to
Spain, and another patron, the Duke of Richmond, died sud-
denly, and his enemies, taking advantage of it, Sir William
Parsons got the Lord Deputy's warrant to the Sheriff of
Wicklow to put him out of the part Phelim enjoyed, and Sir
William Parsons and Lord Esmond divided these lands
between them. Bryan maintained his right to the lands,
and he and his brother were arrested by the conspirators and
imprisoned on I3th March, 1625, in Dublin Castle. Informa-
tions were sent to two grand juries at Carlow, who did not
find the bills, and they were prosecuted in the Star Chamber
and fined. The two brothers were kept close prisoners until
THE HISTORY OF LANDHOLDING IN IRELAND. 305
2Oth of August, when Turlogh was enlarged upon parole, and
Bryan allowed the liberty of the house. He was set at
liberty on Christmas Eve. As they continued their appeal
for their lands, a new prosecution was set on foot, and on
Nov. 2, 1627, they were sent to Dublin in irons and com-
mitted to jail, and Phelim and his five sons were sent to trial
at Wicklow. Sir James Fitz-Piers Fitzgerald, an enemy of
theirs, and who had part of their estates, though having no
property in Wicklow, was foreman. The Lord Chief Justice,
upon sight of the evidence, expressed a doubt whether the
jury would credit it, upon which Sir Henry Billing pressed
him to sign the bill, and said he would undertake that the
jury should find it. The jury were the friends or allies of
Lord Esmond, Sir William Parsons and others, who had an
interest in Byrne's estate, and the grand jury found the bill.
The friends of the persecuted gentlemen petitioned the king,
and a commission was sent over to inquire into the affair,
which consisted of the Lord Primate, the Lord Chancellor,
the Archbishop of Dublin, the Lord Chief Justice, and Sir
Arthur Savage. It sat in November and December, 1628.
When the foul conspiracy against the Byrnes was made
apparent they were restored to their liberty, though not to
their estate, a considerable part having, during their imprison-
ment, passed to Sir William Parsons, under letters patent,
dated the 4th of August, 4 Car. I.
When James ascended the throne of England, Lord Bacon
addressed him in the following language : — " You have found
what Ireland barbarous has proved ; beware of Ireland
civilized." The policy he inaugurated was adapted to retard
or prevent the civilization of Ireland. His deputies and repre-
sentatives, greedy for the possessions of the people, lashed
them into rebellion, and then seized upon their land because
they resisted. They thus became possessed of the land of
the oppressed.
The example set by James and his deputy, Chichester,
was followed in the reign of his unfortunate son, and by his
able but unscrupulous ministers. Charles I. not having the
x
306 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
means of paying his troops, and being anxious to increase
their number, caused them to be quartered on several
counties and towns in Ireland, the inhabitants of which were
expected to supply them with clothes, provisions, and other
necessaries for three months at each place in turn. Lord
Falkland, the deputy, recommended a cheerful submission,
and promised \ha\. graces should be granted by his Majesty as
a compensation. The principal nobility and gentry assembled,
and offered a contribution of £40,000 a year for three years,
on certain terms, among which the subjects were secured in
the possession of their lands by a limitation of the king's
title to sixty antecedent years, and a renunciation of all claims
of an earlier period. The inhabitants of Connaught were
admitted to secure their titles from future litigation by a
new enrolment of their patents, and a parliament was to be
summoned for a confirmation of their several estates to all
the proprietors and their heirs.
Charles accepted the money, but he trifled with the latter
condition ; Lord Falkland, who made the promise, was
recalled, and Wentworth was appointed. Soon after his arrival
in Ireland he determined to subvert the title of every estate
in Connaught, which had been principally granted by the
commission of defective titles in the previous reign. He
ordered inquisitions as to title to take place in each county
in that province, and attended these inquisitions, accompanied
by a force sufficient to overawe the jurors. Those of Ros-
common and Leitrim were so much intimidated that they
found for the Crown ; those of Mayo and Sligo followed the
example. The jurors of Galway were privately encouraged
by Ulric de Burgo, Earl of Clanricarde, who was a favourite
with Charles and resided at the English court, to resist the
designs of the lord deputy, and at the inquisition in 1635
they found the following curious verdict : — " That the acqui-
sition of Connaught by Henry II. was not a conquest, but a
submission of the inhabitants ; and that the grant of Roderic
was barely a composition, whereby the king had only
dominion, and not the property in the land." The lord
THE HISTORY OF LANDHOLDING IN IRELAND. 307
deputy was enraged at this decision, he fined the sheriff
;£i,ooo for summoning such jurors, and bound them to
appear to answer for their offence in the Castle Chamber,
Dublin, where each of them was fined ,£4,000, and sentenced
to imprisonment until the fine was paid. Some of them
died in prison. A fresh inquisition was held, when the
jurors were more submissive, and found for the Crown.
Ulric de Burgo used his influence to procure the release of
the obstinate jurors, and some of them were set at liberty.
The lord deputy's scheme of plantation was abandoned,
and the inhabitants were confirmed in their property.
The litigation which ensued upon the schemes of Went-
worth led to a remarkable trial, and subsequently to the
publication of Sir Henry Spelman's treatise on feuds.
The case affected the property of Lord Dilton, and in the
preface to Spelman on feuds it is thus described : —
" The several manors and estates within the counties Roscommon,
Sligo, Mayo, and Galway, in the kingdom of Ireland, being
unsettled as to their titles, King James I., by commission dated 2nd
March, in the fourth year of his reign, did authorize certain com-
missioners by letters patent to make grants of the said lands and
manors to their respective owners, whereupon several letters patent
to that effect passed under his Majesty's Great Seal by virtue of
the said commission for the strengthening of titles that might
otherwise seem defective. And afterwards, in the reign of King
Charles I., upon an inquiry into his Majesty's title to the county of
Mayo, there was an Act of State published commanding all those
who held any land by letters patent from the Crown to produce
them for enrolment thereof before the Lord Deputy and Council by
a certain day, to the end that they might be secured in the quiet
possession of their estates, in case the said letters were allowed by
that board to be good and effectual in law.
" In pursuance of this order, several letters patent were produced,
and particularly the Lord Viscount Dillon's, which, upon the perusal
and consideration thereof by his Majesty's Council, were thought to
be void in law, and therefore it was ordered by the Lord Deputy and
Council that the doubt arising upon the letters patent should be
drawn into a case, and that case should be openly argued in the
308 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
Council Board. The case was drawn up in these words : ' King
James, by commission under the Great Seal, dated the 2nd day
of March, in the fourth year of his reign, did authorize certain
commissioners to grant the manor of Dale, by letters patent under
the Great Seal of this kingdom, to A. and his heirs, and there is no
duration given in the said commission touching the tenure to be
reserved. There are letters patent by colour of the said commis-
sion passed unto A. and his heirs to hold by knight's service as of
his Majesty's castle in Dublin. It was asked whether the deficiency
of the tenure did so far affect the grant as wholly to destroy the
letters patent, or whether the letters patent might be good as to the
land, and void only as to the tenure ? The question was argued
several days in the year 1637, and the court had to inquire what the
reservation of tenure is to the grant ? whether it be a part of the
grant and the modus concessionis, or whether it be a distinct thing
and aliud from the grant? For,' it was said, 'if the reserva-
tion of the tenure and the grant of the land be aliud and aliened,
two distinct things in the consideration of the whole grant made,
and the authority given by the commission for the making thereof,
then the patent may be void as to tenure, and yet good for the grant
of the land. But if the reservation of the tenure be incident unto
the authority and included within it, and the reservation of the
tenure and the grant of the land make up but one entire grant, so
that the one is part of the other, and the reservation of the tenure
be modus concessionis, then the granting of the land reserving a
diverse or contrary tenure to that which their (nude) authority did
warrant them to reserve in doing of idem alio modo, and so the whole
act is void."
Those who pleaded for the validity of the letters patent as
to the lands, and their being void only as to tenure, urged
among other arguments that tenure in capite was brought into
England by the Conquest, but grants were by common law,
and therefore grants being more ancient than tenure, the
tenure must of necessity be aliud from the thing granted.
This led the court to a consideration of the question as to
Saxon tenures : —
" It was argued that those called Thanis Majores or Thanis Regis
were the king's immediate tenants of lands which they held by
THE HISTORY OF LANDIIOLDING IN IRELAND. 309
personal service, as of the king's person by grand seigniority or
knight's service in capite. The land so held was, it was said, in those
times called Thaneland, as land holden in locage was called Reve-
land so frequently in the Doomsday Book. After the Norman con-
quest the title of Thane and Thaneland gave place to Baron and
Barony ', and the possessions of the abbots and bishops, which under
the Saxons were free from all secular services, were made subject to
knight's service in capite, but these possessions were converted into
baronies, while thanelands were held by that tenure as before. The
king's thane was a tenant in capite, and the middle thane a tenant
by knight's service. It was contended also that reliefs for earls and
thanes were in existence and proved by the laws of Edward the
Confessor; that wardships were also in use both in England and
Scotland before the Norman conquest. The judges, therefore, after
full argument, held that feudal tenures existed in England before the
Norman conquest."
This contradicted the assertions made by Sir Henry
Spelman in his Glossary, wherein he described feuds as
having come into use with the Conquest. It led him into
a fuller examination of the question, and to his writing his
celebrated treatise upon Feuds.
The question raised was, —
" Whether the said letters patent be void on the whole or only as to
the tenure."
The case was argued on several days, first by Nicholas
Plunket for Lord Dillon, and Serjeant Catlor for the king, and
because it was a case of great weight and importance it was
delivered unto the judges, and they were required by the
Lord Deputy and Council to consider it, and to return their
resolution touching it ; but they not agreeing in opinion, it
was thought necessary for public satisfaction that it should
be argued solemnly by them all ; and consequently, in Trinity
Term, the case was argued before the judges, who held by
a majority vtfive to two, —
"i. That the commissioners by the commission (the Commis-
sion of Grace) have a good and legal and sufficient power and
authority to grant.
310 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY-
" 2. That all letters patent made upon this commission in which
they have pursued their authority are good and effectual in law
where they have either reserved an express tenure by knight's
service in capite, or no tenure, for then the law implies a tenure in
cafite.
" 3. But where the commissioners reserve a mean tenure the whole
patent is void."
They give seven grounds for this decision, being principally
that they have exceeded their authority. For these reasons
they did resolve —
" That this express reservation (knight's service) of a mean tenure
tends to the destruction of the whole patent, and makes it void in
law, both as to the lands and to the tenure."
The council board on the I3th July, 1637, issued a pro-
clamation declaring the said letters patent to be wholly
void in law, and disallowing all such letters patent for any
lands, tenements, or hereditaments in any of the counties
Roscommon, Sligo, Galway, or the county of the town of
Galway.
These proceedings naturally created wide-spread disaffec-
tion. A parliament was convened in 1634, but great care was
taken in the nomination of the sheriffs, and in the procuring
of the return of Government candidates. Wentworth then
succeeded in voting the supplies, but he prevented the
passing of the graces, and he further succeeded in inducing
them to assure the king that he was not bound, either in
justice, honour, or conscience, to perform the solemn promise
he had made. His theory was that the king's Irish subjects
had forfeited the rights of men and citizens. An ancient State
paper, which describes the heads of the causes which moved
the Irish to take arms in 1641, says, " Many of the natives were
expelled out of their possessions, and as many hanged by
martial law without any cause and against the law of the realm,
and many destroyed and made away by sinister means and
practices."
The parliament from which so much was expected was
THE HISTORY OF LANDHOLDING IN IRELAND. 311
prorogued without passing the bills, and the hopes of the
king's Irish subjects were extinguished. Their earnest
respectful remonstrances had been continuously spurned, and
they were driven to desperation. " Half the realm was found
to belong to his Majesty, as his ancient demesnes and inherit-
ance, upon old, feigned titles of 300 years past by juries
against law, their evidence, and conscience, who were corrupted
to find the said titles, upon promise of part of the lands so
found for the king or other rewards ; or else drawn thereto by
threats of the judges in the circuit, or heavy fines, mulcts, and
censures of pillory, sty-marking, and other cruel and unusual
punishments."
The banner of revolt was hoisted : the people of Ulster,
driven from their homes to starve in woods and forests, swept
like a torrent over the plains which belonged to them, and in
one week O'Neil was at the head of 30,000 men. The lords
and gentlemen of the Pale, who were mostly of English descent,
repaired in great numbers to Dublin, and applied to the
Government for arms and authority to array themselves on the
side of the Crown, but their application was insultingly refused,
and they were ordered by proclamation bearing date October
28, 1641, to leave Dublin within twenty-four hours. They
were forced into revolt. The Lords Justices Dorlase and
Parsons justified their conduct by declaring, " The more rebels,
the more confiscation." Extensive forfeitures were the principal
object of the chief governors and their friends. "Whatever
were their professions, the only danger they really apprehended
was that of a speedy suppression of the rebels." Troops arrived
from England and Scotland. The English Parliament, with the
reluctant consent of the king, passed an Act (the Act of Sub-
scription of Charles I.) reserving 2,500,000 acres of arable
meadow and pasture land in Ireland, out of 10,000,000 assumed
to have been already forfeited by the insurgents as security for
money advanced in England for the expenses of the war.
The orders of the lords in council to the army were " to wound,
kill, slay, and destroy all the rebels and their adherents and
relievers, and burn, spoil, waste, consume, and destroy, and
312 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
demolish all places, towns, and houses where the rebels were
or have been relieved or harboured, and all the corn and hay
there, and to kill and destroy all the men there inhabiting
able to bear arms." In the execution of these orders the
Lords Justices declare that the soldiers murdered all persons
promiscuously, not sparing the women, and sometimes not the
children.
The downfall of Stafford led to the appointment of a com-
mittee of the Irish Lords and Commons, who demanded the
graces as a settlement of the land question. The delay of
Charles in acceding to their wishes alienated them from the
monarch, and the committee entered into correspondence with
the leaders of the disaffected portion of the English Parlia-
ment. The Marquis of Ormonde was appointed Lord Deputy,
and became leader of the Irish royalists, who adhered to the
cause of Charles with greater fidelity than could have been
expected from their previous ill-treatment. Yet the mass of
the Irish people who had been deprived of their possessions
by the displacement of the tanistry system of landholding
were disaffected to the royal cause. A large section of them,
guided by the advice of the papal nuncio, refused a hearty co-
operation, and this naturally embarrassed the king's forces.
Ormonde held most of the fortified places in Ireland ; Dublin,
Derry,and Belfast were the only strongholds of the Parliament.
The success of Ormonde induced the Parliament to appoint
Cromwell Lord Deputy, and he was accompanied to Ireland
by a considerable army. He completely broke the power of
the royalists. The sack of Drogheda was a fearful exhibition
of his power ; he showed no mercy. Other fortresses were
captured, the garrisons were put to the sword, and whole cities
were left unpeopled.
Cromwell's success was followed by the expatriation of
30,000 to 40,000 able-bodied men, who might have been very
troublesome had they remained at home. They entered the
service of foreign states, and formed the celebrated Irish
Brigade, which was recruited by a further expatriation in the
reign of William III. The gallant conduct of the Irish
\
THE HISTORY OF LANDHOLDING IN IRELAND. 313
at the battle of Dettingen led George III. to exclaim,
"Accursed be the laws which have deprived me of such
subjects!" Cromwell forced the families of those who had
entered foreign service on board ship, and carried them to
the West Indies. The numbers are variously estimated at
from 6,000 to 100,000. Four Parliamentary Commissioners
were named to govern Ireland. Their courts were called
" Cromwell's slaughterhouses.'' The cry was for blood, and
they came as sheep to the slaughter. The next act was to
banish all " the Irish" into Connaught and Clare. The object
was to leave the other three provinces to English and Scotch
settlers. The design being to obtain the land by the first
Act of Settlement, the forfeiture of two-thirds of their estates
had been pronounced against those who had borne arms
against the Parliament of England or their forces, and one-
third against those who had resided in Ireland any time from
Oct i, 1649, to Nov. i, 1650, and had not been in the actual
service of Parliament, or supported its interests. By the
second Act of Settlement it was provided that all persons
claiming under the former qualification should get not a
portion of their land, but an equal area at the west of the
Shannon in Connaught or Clare.
These vast appropriations enabled that ambitious soldier to
disband an army of which he was afraid ; to remove from
England the extreme Puritans, who might have been unruly,
and to divert their attention from his policy to that of those
whom they displaced. The land so seized upon provided a fund
from which he was able to discharge their arrears of pay
without raising taxes, which might prove obnoxious. The
animosity which first showed itself against the queen of
Charles I. found ample vent in Ireland against her co-
religionists. Cromwell issued in 1652 debentures in the
following form : —
" All lawful deductions made, there remaineth due from the Com-
monwealth to , his executors, administrators, and assigns,
until the date hereof, the sum of , which sum is to be
satisfied out of the rebels' lands, houses, tenements, and heredita-
314 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
ments in Ireland, in the disposal of the Commonwealth of Eng-
land.
" Dated the day of 165—."
These debentures bear upon their face a falsehood ; the
Irish were not rebels against the English Parliament. They
had not forfeited their lands by rebellion, inasmuch as they
owed it no allegiance. To carry out the iniquitous designs
of the regicides, it was necessary that they should get rid
of their own army. They lacked the means of payment,
and provided it out of the lands of the Irish. Courts were
established in Dublin and Athlone for the determining of
claims which should be made ; a limited time only was
allowed. Four Commissioners of Parliament were sent over, —
Edmund Ludlow, Miles Corbet, John Jones, and John Weaver.
The Irish were driven across the Shannon, and confined within
its limits by a chain of garrisons. The adventurers accepted as a
full satisfaction the moiety of the forfeited lands in nine principal
counties. A revenue was reserved for disabled soldiers, and
for the widows and orphans of those who had fallen in the
parliamentary service (except a part of the lands of bishops,
and of deans and chapters, granted to the University of
Dublin); these, with the forfeited lands in the counties of
Dublin, Kildare, Carlow, and Cork, remained unappropriated,
and were reserved by Parliament for future disposal. In
1653 the debentures were sold freely and openly for 43.
and 5s. per pound; and 2OS. of debentures, one place with
another, did purchase two acres of land, at which rate all the
land of Ireland, estimated at 8,000,000 of profitable acres,
might have been had for £1,000,000, which in 1641 had been
worth above £8,000,000.
Dr. (afterwards Sir William) Petty arrived in Waterford in
1652 as physician to the army in Ireland. On the nth of
December, 1654, he obtained a contract from the Government
for admeasuring the forfeited lands intended for Cromwell's
soldiers at the rate of £7 33. 4d. per 1,000 acres. By this
contract he gained £9,000, and he afterwards got £900 more
for a survey of the adventurers' lands. Through these means
THE HISTORY OF LANDHOLDING IN IRELAND. 315
and his private savings he realized about ;£i 3,000, with which
sum he bought up soldiers' debentures, and acquired large
portions of forfeited lands intended for them. When subse-
quently accused of having obtained his vast estates through
undue influences, he defended himself by explaining, as he
afterwards stated in his will, that he had "raised about
.£13,000 in ready money at a time when, without art, interest,
or authority, men bought as much land for los. in real money
as in this year, 1685, yields los. per annum above quit
rents."
To such an extent was the removal of the people of some
districts carried, that Sir William Petty states, —
" The people of Tipperary have more universally obeyed the
order of transportation than other counties generally had done; that
county became so uninhabited and waste that it was impossible to
find means to do the work tolerably well."
An order which was made in the Privy Council during the
Protectorate proves the extent of the depopulation. It runs
thus : —
" Whereas Mr. Henry Pain, late one of the Commissioners of
Revenue at Clonmel, hath informed us that the transplantation hath
been so effectually carried on in the county of Tipperary, and
especially in the barony of Eliogarty, that no inhabitant of the Irish
nation that knows the country is left in the barony, which may be a
great prejudice to the Commonwealth, for want of information of the
bounds of the respective territories and the lands therein upon
admeasurement ; it is therefore ordered that it be referred to the
Commissioners of Loughrea to consider if four fit and knowing
persons of the Irish nation, lately removed out of the barony into
Connaught, and to return them with their families to reside in or near
their old habitations, for the due information of the surveyors
appointed of the respective bounds of each parcel of land admeasur-
able, and to continue there until further order.
" Dublin, 20 December, 1654.
"THOMAS HERBERT,
" Clerk of the Council."
An almost complete transplantation of the people of Tip-
316 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
perary into Connaught took place. The new settlers were
not secure as to their title, and many of them obtained forced
conveyances and re-leases from the former proprietors.
Clarendon, in his life, says, —
" What should they do ? iThey could not be permitted to go out
of this precinct to shift for themselves elsewhere ; and without their
assignment in Connaught they must starve there as many did die
every day of the famine. In this deplorable condition and under this
consternation they found themselves obliged to accept or submit to
the hardest conditions, and so signed such conveyances and re-leases
as were prepared for them."
The war of extermination was carried to such a fearful ex-
tent that it was made lawful for any of the English settlers to
kill any Irish person, man, woman, or child, that was found
east of the Shannon, and the common expression of these
murderers towards their victims was, " To hell or Connaught
with you ! " Humanity recoils and shudders at the fearful
atrocities which were committed, and history has no blacker
page than that which records the sufferings inflicted upon Ire-
land during the Protectorate.
Under these circumstances the population of Ireland very
seriously diminished. Sir William Petty estimated the loss of
population between 1641 and 1682 at 504,000, and Clarendon
tells us, —
" That there was a large tract of land even to the half of the pro-
vince of Connaught that was separated from the rest of Ireland by a
long and large moor, and which by plague and many massacres remained
almost desolate ; into this space and circuit of land they required the
Irish to retire by such a day, under the penalty of death, and all who
should after that time be found in any part of the kingdom, man,
woman, or child, should be killed by anybody who saw or met
them."
Sir William Petty, in 1672, estimated the population of
Ireland at about a million one hundred thousand persons.
Colonel Lawrence, an eye-witness, writes : —
"About the year 1652-1653, the plague and famine had so
THE HISTORY OF LANDHOLDING IN IRELAND. 317
swept away whole countries that a man might travel twenty or
thirty miles without seeing a living creature, either man, beast, or
bird, they being all dead or having quitted the desolate places. Our
soldiers would tell stories of where they saw a smoke by day or fire
or candle by night, and when we did meet with two or three poor
cabins, none but very aged men, women, and children (and those
with the prophet might have complained, 'We are become as a
bottle in the smoke, our skin is black as an oven because of the
terrible famine') were found in them."
The restoration of Charles II. was seized upon by his sup-
porters as the signal for resuming their estates ; those who
had been deprived of their lands returned and repossessed
themselves of their patrimonies by force even before the king
was proclaimed. This rashness was represented as a new re-
bellion, and the Cromwellian settlers, alarmed for their posses-
sions, procured an Act of indemnity before the king landed,
which excluded all those who thus tried to regain their lands.
It was so worded as to amount to the exclusion of the whole
of the Roman Catholic party. On the king's arrival in
London he issued a proclamation commanding the continuance
of undisturbed possession to adventurers and soldiers of all
manors, houses, and lands as they then held until legally
invested, or his Majesty, with the advice of Parliament, should
take further measures in these affairs. At length, after much
delay, on a calculation formed by the Earl of Orrery, Sir John
Clotworthy, and Sir Arthur Mervyn, it was found that, besides
the land possessed by the soldiers, enough remained to com-
pensate all the innocent or meritorious Irish, and Charles pub-
lished his famous declaration for the settlement of the king-
dom.
By this declaration the adventurers were to be confirmed in
the lands possessed by them on the 7th May, 1659, according
to the Acts made in the previous reign, which they were to
hold in fee and common socage, and all deficiencies were to
be satisfied before May, 1660. With the exception of eccle-
siastical lands and some other provisoes, the soldiers were
confirmed in the lands allotted for their pay, which they were
318 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
to hold by knights' service in capite ; officers who had served
before June, 1649, were to receive I2s. 6d. in the pound by
estates and other securities. Protestants, unless they had
been in rebellion or had taken decrees for land in Connaught
or Clare, were to be restored to their lands. Innocent Catho-
lics were restored to their estates, and Catholics who submitted
and adhered to the peace of 1648 were to be restored to their
ancient properties upon the reprisal of those who held them.
This declaration of settlement gave little satisfaction to any
party. The Royalist officers received but little more than
half their pay, and the ancient landholders, who had suffered
for the royal cause and were in a state of poverty, were ex-
cluded from their estates until they could repay those who
had been quartered upon them by Cromwell. The commis-
sioners appointed to carry the declaration of settlement into
effect were partial to the soldiers and adventurers, and threw
much difficulty in the way of the Catholic proprietors, who
tried to establish their innocence. The Parliament which was
convened in 1661 to confirm the Act of Settlement was mainly
elected by those in illegal possession of the estates. It tried
by statute to exclude the Catholics, many of whom claimed
the property from Parliament. An inquiry was instituted by
the House of Lords, which revealed many malpractices by
the commissioners. Widows were deprived of their jointures,
orders of the king for the restitution of particular persons
were eluded ; the Lords resolved to address the king to
revoke the illegal grants made by the commissioners, and a
deputation waited on Charles in London claiming redress.
The Irish Cromwellians accepted the restoration without
much difficulty, but they kept a firm grasp on their lands.
After a long struggle of controversy, bribery, and intrigue on
the part of the claimants, and wavering and irresolution on
the part of the Government, the Puritans carried the day and
kept their lands. The Acts of Settlement and explanation
which closed the question of proprietorship, having been
called the great charter of this party, they decided the title
to the lands ; yet, for many years after this time, a great part
THE HISTORY OF LANDHOLDING IN IRELAND. 319
of the land of Ireland continued to be held by forcible and
disputed possession.
Petty's Political Anatomy of Ireland contains the following information
relating to this period : —
Area of Ireland ..... 10,500,000 acres.
Rivers, loughs, &c. . . . 1,500,000
Unprofitable land . . . 1,500,000
Arable and pasture . . . 7,500,000
1641. Belonging to Papists and seques-
tered Protestants . . . 5,200,000
To the Church . . • . 300,000
Protestants planted by Elizabeth and
James ..... 2,000,000
Restored to twenty-six who proved of good
affection .... 40,000
The Duke of Ormonde . . . 130,000
Lord Inchiqun, Lord Roscommon, &c. . 40,000
10,500,000
7,500,000
Innocent Papists
The Church
Duke of York
1,200,000
20,000
1 20,000
To Letterers & Innocent Irishmen 60,000
To Papists per proviso Colkin 360,000
1,340,000
Left in the common stock .
To adventurers
Soldiers seised
To forty-nine officers
To Protestants per proviso
Upon transplantation decrees
Restored to mortgagees
420,000
80,000
390,000
280,000
270,000
700,000
100,000
800,000
470,000
1,440,000
550,000
Of lands seised by usurpers the
Papists have recovered . 2,340,000
New Protestants and churches
additional . . . 2,400,000
Of a more indifferent nature 460,000
5,200,000
5,200,000
320 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
7,500,000 acres good
1,500,000 „ coarse
9,000,000 acres, worth .
Quit and Crown rents . .
Tithes
Benefit of leases and tenants' improvements
Landlords
£ 90,000
162,000
216,000
432,000
He divides : —
The landlords' share of this . . . ,£432,000
2,520,000 acres gained by the Rebel-
lion ..... £144,000
Adventurers and soldiers . . 108,000
Soldiers alone .... 86,400
£338,400
The King gained : —
Augmented the Church, the Duke of York and others
Paid adventurers and officers ....
Gained on usual revenue of above ....
Or at fifteen years' purchase £1,200,000 gained, the year's
value, &c., worth ......
Freed himself of the articles with the Irish of 1648.
Population : — Papists
Non-Papists
English .
Scots
Irish
800,000)
300,000 3 I'100'000
200,000
100,000
800,000 1,100,000
£900,000
— £900,000
£770,000
670,000
80,000
300,000
Houses : — 160,000 without chimneys
24,000, i chimney, at £5 . £120,000
6,800, 2 to 3 chimneys, at £ 40 272,000
5,600, 4 „ 6 „ „ 100 560,000
2,500, 7 „ 9 „ „ 300 750.000
700, 10 „ 12 „ „ 600 420,000
400, 13 „ 20 „ „ 1,000 400,000
20 transcendental houses . 78,000
2,200,000
Cattle, 6,000,000, or equivalents in horses and sheep
Exports from Ireland .
Absentees' rents, &c. .....
Cattle exports .
The whole substance of Ireland was worth .
The customs revenue exceeded
£2,600,000
3,000,000
£500,000
£200,000
140,000
£16,000,000
£32,000
THE HISTORY OF LANDHOLDING IN IRELAND. 321
The defeat of James II. and his flight from Ireland led to
a reversal of his policy, but his troops, after a gallant contest
with the veterans of William III., made terms with him.
The Treaty of Limerick, which should have formed the basis of
future legislation, contained a provision that the Irish should
enjoy the same privilege in the exercise of religion as they
had done in the reign of Charles II., and that they should be
reinstated in their properties, real and personal, and in all
their rights, titles, and privileges, on taking the oath of
allegiance to King William. The Irish Parliament of 1695
annulled the Act of James II., and confirmed and explained
the Act of Settlement. Large forfeitures were made, and
William, who, from the insufficiency of the parliamentary
supplies, was unable to reward his dependants, adopted the
Cromwellian plan, and made seventy-six grants out of the
Irish forfeited estates. Eight of these grants were as
follows : —
135,820 acres to Lord Woodstock (van Bentinck).
108,633 » Earl of Albemarle (van Keppel).
95,649 „ Countess of Orkney (Miss Eliz. Villiers).
49,517 „ Lord Romney (Sidney).
39,871 „ Earl of Rochford (de Zuleistan).
36,148 „ Earl of Gal way (de Ravigney).
30,512 „ Marquis de Pursai.
26,480 „ Earl of Athlone (de Ginkel).
522,630
The Parliament were offended at this Act of Prerogative,
and the English Commons charged the king with a Breach of
promise in not having left the forfeitures to the disposal of
Parliament for the discharge of the public debts. It passed
an Act for sending seven commissioners to inquire into the
value of the confiscated estates, and the reason of their
alienation, and upon the report of these commissioners, "The
Act of Resumption" (n & 12 Will. Ill, c. 2, Engl.) was
passed, A.D. 1700; it avoided all royal grants of land made
after the I3th February, 1788, and directed an absolute sale
Y
322 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
of all Irish estates which had belonged to James II. or his
adherents. The English Commons were so aware of the
violence of their act that they voted, contrary to constitutional
rights, that no petition should be recorded against it. Yet
petitions were sent in large numbers, and the trustees were
charged with injustice and venality. The granted lands,
which were valued at ;£i, 500,000, hardly realized one-third of
that sum.
A more recent authority, who can hardly be accused of
partiality to the Irish — Lord Chancellor Fitzgibbon (Earl of
Clare) — in a speech made in 1799, said, —
" After the expulsion of James II. from the throne of England, the
old inhabitants made a final effort for the recovery of their ancient
power, in which they were once more defeated by an English army,
and the slender relics of Irish possession became the subject of fresh
confiscation. From the report made by the commissioners appointed
by the Parliament of England in 1698, it appears that the Irish
subjects outlawed for the rebellion of 1688 amounted to 3,978, and
that their Irish possessions, as far as could be computed, were of the
value of ^210,623, comprising 1,670,792 acres. This fund was sold,
under the authority of an English Act of Parliament, to defray the
expenses incurred by England in reducing the rebels of 1688, and the
sale introduced into Ireland a new set of adventurers. It is a very
curious and important speculation to look back to the forfeitures of
Ireland incurred in the last century. The superficial contents of the
island are calculated at 11,042,682 acres. Let us now examine the
state of the forefeitures.
In the reign of James I. the whole of the province
of IJlster was confiscated, containing . 2,836,837 acres.
Let out by the Court of Claims at the Restoration 7,800,000 „
Forfeitures of 1688 .... 1,060,792 „
Total . . . 11,697,629 „
So that the whole of your island has been confiscated, with the
exception of the estates of four or six families of English blood, some
of whom had been attainted in the reign of Henry VIII., but
recovered their possessions before Tyrone's rebellion, and had the
good fortune to escape the pillage of the English republic inflicted
THE HISTORY OF LANDHOLDING IN IRELAND. 323
by Cromwell ; and no inconsiderable portion of the island has been
confiscated twice or perhaps thrice in the course of a century. The
situation, therefore, of the Irish nation at the Revolution stands un-
paralleled in the history of the inhabited world. If the wars of
England carried on here from the reign of Elizabeth had been waged
against a foreign enemy, the inhabitants would have retained their
possessions under the established law of civilized nations, and their
country have been annexed as a province to the British Empire."
Some of the laws affecting land were most injurious ; that,
for example, which enacted that no Papist should have a
horse of greater value than £5, so deteriorated the breed of
horses that an enactment, 8 Anne, c. in., s. 34, was passed as
follows : —
" And whereas by the laws of this land Papists are not qualified to
keep any horse, mare, or gelding of above ^5 value, which has been
found prejudicial so far forth as the same relates to stud mares, be it
enacted that no stud mare kept for breeding only, nor stallion kept
as such, and for no other use, shall be deemed or taken to be within
the intention of the Act entitled, ' An Act for better securing the
Government by disarming the Papists,' but that every Papist, and
reputed Papist, may keep such stud mares and stallions notwith-
standing the said Act, or any law to the contrary, and the breed or
produce thereof under the age of five years, and not otherwise."
The law which prevented " Papists " having any greater
tenure than thirty years, where the rent reserved was less
than two-thirds of the value, was calculated to prevent
any improvement in their condition or in the system of
agriculture. This policy was the result of the abnormal
relations of two classes — the plunderers and the plundered,
the owner and the occupier. The former, possessed of political
power and supported by the armies of England, enacted
oppressive and restrictive laws ; the statute-book and the con-
current testimony of all authorities prove that it was their
stern resolve that the mass of the people should be denied all
interest in the lands which they cultivated, and be condemned
to live on the coarsest food, and reside in habitations unfit for
324 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
human beings, while the utmost rent was wrung from them.
'Dean Swift, writing in 1729, says, —
" Upon determination of all leases made before the year 1690, a
gentleman thinks he has but indifferently improved his estate if he
has only doubled his rent roll. Leases are granted but for a small
term of years, tenants are tied down to harsh conditions, and dis-
couraged from cultivating the land they occupy to the best advantage
by the certainty they have of the rent being raised on the expiration
of their leases, proportionate to the improvements they shall make.
Thus it is that honest industry is depressed, and the farmer is a slave
to the landlord."
The complaint made by Dean Swift is in effect that the
labour or the representative of the labour of the tenant became
without any compensation the property of the landlord, and
that he who expended his labour and capital upon the land
was compelled to pay another man for the property which he
by his industry and labour had created.
I shall conclude the history of this period, and the
description of the effects of these laws, with the following
extract from the writings of Edmund Burke : —
" The laws," says he, " have disabled three-fourths of the inhabit-
ants of Ireland from acquiring any estate of inheritance for life, or
for years, or any charge whatsoever on which two-thirds of the im-
proved yearly value is not reserved for thirty years. This confine-
ment of landed property to one set of hands, and preventing its free
circulation through the community, is a most leading article of ill
policy ; because it is one of the most capital discouragements to all
industry which may be employed on the lasting improvement of the
soil, or in any way conversant about land. A tenure of thirty years
is evidently no tenure upon which to build, to plant, to raise enclo-
sures, to change the nature of the ground, to make any new
experiment which might improve agriculture, or to do anything
more than what may answer the immediate and momentary calls of
rent to the landlord, and leave subsistence to the tenant and his
family. Confine a man to momentary possession, and you at once
cut off that laudable avarice which every wise state has cherished as
one of the first principles of its greatness. Allow a man but a tern-
THE HISTORY OF LANDHOLDING IN IRELAND. 325
porary possession, lay it down as a maxim that he never can have
any other, and you immediately and infallibly turn him to temporary
enjoyments ; and these enjoyments are never the pleasures of labour
and free industry, and whose quality it is to famish the present hours,
and squander all upon prospect and futurity ; they are, on the
contrary, those of a thoughtless, loitering, and dissipated life. The
people must be inevitably disposed to such pernicious habits merely
from the short duration of their tenure which the law has allowed.
But it is not enough that industry is checked by the confinement of
its views, it is further discouraged by the limitation of its own direct
object, profit. This is a regulation extremely worthy of our atten-
tion, as it is not a consequential, but a direct discouragement to
amelioration, as directly as if the law had said in direct terms, * Thou
shalt not improve.' But we have an additional argument to demon-
strate the ill policy of denying the occupiers of land any ; solid
property in it. Ireland is a country wholly unplanted. The farms
have neither dwelling-houses nor good offices; nor are the lands,
almost anywhere, provided with fences and communications ; in a
word, in a very unimproved state. The landowner there never takes
upon him, as is usual in this kingdom, to supply all these con-
veniences, and to set down his tenant in what may be called a com-
pletely furnished farm. If the tenant will not do it, it is never done.
This circumstance shows how miserably and peculiarly impolitic it
has been in Ireland to tie down the body of the tenantry to short and
unprofitable tenures. A finished and furnished house will be taken
for any tenure, however short ; if the repair lies on the owner, the
shorter the better. But no one will take one, not only unfurnished,
but half built, but upon a term which on calculation will answer with
profit all his charges. It is on this principle that the Romans estab-
lished their Emphyteosis, or fee farm ; for although they extended
the ordinary term of location only to nine years, yet they encouraged
a more permanent letting to farms, with the condition of improve-
ment, as well as annual payment on the part of the tenant, where the
land had been rough and neglected ; and therefore invented this
species of ingrafted holding in the latter times, when property came
to be worse distributed by falling into a few hands."
The laws to which Mr. Burke referred in this passage were
those which were enacted in the reign of the last of the Stuart
monarchs. The first of this race abolished the tanistry system,
326 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
which gave each man a life interest in a certain portion of
the soil, and so forfeited large districts. His successors
followed in the path of spoliation ; a new class of owners came
into possession, whose laws prevented the improvement of the
land, and thus lessened the supply of food, and diminished
the population. The tide of confiscation ebbed and flowed
during these reigns, but in so doing the native possessors were
almost entirely swept away.
327
HISTORY OF THE COUNTY OF CILLY.
BY THE REV. A. H. WRATISLAW,
FELLOW OF THE ROYAL HISTORICAL SOCIETY.
IT is often the province of the historian to trace the progress
of small states, and observe their gradual transformation into
large ones. It often also devolves upon him to notice the
decay of large states and their gradual reduction to insignifi-
cant principalities, if not their total annihilation. The growth
of the margravate of Brandenburg into the mighty kingdom of
Prussia, and finally into the great German Empire of the pre-
sent day, is a remarkable instance of the former; while the
dissolution of the great duchy of Burgundy and its gradual
absorption is one of the latter, although some portion of it
has reconstituted itself in the small but prosperous kingdom
of Belgium. But what I propose to bring before the Society
falls under neither of these heads, but is the brief history of a
power which might have had a career like that of Branden-
burg or Austria, but the course of which was simply cut short
by the failure of its dynasty in the very meridian of success
and prosperity.
By a charter given in the year 1362, at Briinn, in Moravia,
the Emperor Charles IV., of his imperial power in the empire,
and with the knowledge and consent of the Austrian princes,
as especial lords in Styria and Carinthia, promoted Ulric and
Hermann, barons of Sonneck, to the rank of counts of the
empire, and that to the county of Cilly, in Southern Styria,
in a district inhabited, not by Germans, but by Slovenians.
The frontiers of this county comprehended large estates lying
on both sides of the river Save, where the boundary line now
runs between Styria and Carinthia, and the seat of government
was in the upper and lower castles of Cilly and the town of
328 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
Cilly. On the Hungarian side the frontier ran from
Rohatetz to a castle called Ostravitz, pretty nearly where the
boundary line is now drawn between Carinthia and Croatia.
The Emperor Sigismund espoused Barbara, the daughter
of Count Hermann, and bestowed still higher marks of favour
on the Cilly family. By a charter given at Prague in 1436
he confirmed the grant made by his father, Charles IV., and
also improved the position of the Counts of Cilly by pro-
moting them to the dignity of prince-counts, and that not
only with respect to the Cilly estates, but also with respect to
the counties of Ortemburg and Sternberg in Carinthia, which
had escheated to him. And thus he constituted them inde-
pendent rulers on an equal footing with the Austrian princes,
who were not even consulted on the subject. Besides this,
Sigismund, as King of Hungary, granted them the county of
Zagoria and the town of Chakovetz, so that they wrote them-
selves " By the grace of God Counts of Cilly, Ortemburg, and
Zagoria (Ciliae, Ortemburgae, et Zagoriae Comites)."
Count Hermann had three sons, — Frederic, Hermann, and
Louis ; and among his daughters was, as already mentioned,
Barbara, the wife of the Emperor Sigismund. To the especial
use of his eldest son, Frederic, he assigned the castles of
Gurkfeld, Mayhau, and Rudolfswort, on the Carniolan, and
those of Kreffen and Sannabar, and apparently that of
Steinschnock, on the Croatian side of his territories. Frederic
resided at the castle of Kreffen, as the chief fortress of the
whole of Zagoria. His second son Hermann had a daughter
Margaret, who married Count Hermann of Montfort, then
possessor by mortgage of the castle of Pfannberg. The last
Count of Ortemburg made the third son, Louis, his heir.
The firstborn son of Count Frederic, Ulric, a man of great
prominence in the times of King Ladislaus Postumus, was
appointed Viceroy of the kingdom of Bohemia in 1438 by
King Albert, the Austrian prince who was elected King of
Bohemia on December 27, 1437, and who died in 1439.
Ulric married Catherine, daughter of George Brankovitch,
Prince of Servia, thus becoming brother-in-law of Sultan
HISTORY OF THE COUNTY OF CILLY. 329
Amurath, who had another daughter of Brankovitch to wife.
By Catherine, Ulric had one son and two daughters, who all
died young.
The exceptional position which the Emperor Sigismund
had granted the Counts of Cilly in the lands of the Austrian
princes without their consent became after his death the
cause of bitter quarrels, nay, even of open war between Count
Frederic of Cilly and Frederic IV. of Austria. Old Count
Hermann, Frederic's father and Ulric's grandfather, had
indeed surrendered to the Austrian princes, without recom-
pence, four castles which he held either in his own right or by
right of mortgage ; but that was not sufficient to extinguish
the grudge excited by the elevation of the house of Cilly.
Neither was Frederic IV. a man to put up tamely with this
elevation, although King Albert himself had raised no objec-
tion against it, requiring as he did the services of young Ulric
in Bohemia.
As early as the year 1439, and probably in the autumn, this
grudge passed into open war, the result of which was greatly
affected by the general selected by Frederic of Cilly to lead his
army. A poor Bohemian squire,named John Vitovetz, presented
himself some time in that year at the court of Frederic of Cilly,
with three servants on horseback, desiring to take service with
him, engaged as he then was in war with Frederic of Austria.
His talents werequickly recognised, and his services made use of
in responsible positions. The first castle taken by the aid of
Vitovetz was that of Burg, not quite five English miles from
the town of Cilly ; this was razed to its foundations. The
second was Blankenstein, the third Erkerstein, and the fourth
Pbltschach ; and lastly, two towers, one near Neuenburg, and
the other near Miihlstatten.
In the autumn Count Frederic sent Vitovetz from the
castle of Kreffen to the town of Nassenfuss, then occupied by
the Bishop of Gurk, a favourite of Frederic of Austria, who
had just been elected King of the Romans. On the march
Vitovetz ascertained that his adversaries were posted by a
fish-pond below Steydeck, and were engaged in what we
330 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
should call dragging it. He surprised them thus engaged,
routed them, and took their commander, Dirnbacher, prisoner,
who, with others, was kept imprisoned in a tower at Kreffen
for fully three years.
After the death of Albert, King of Bohemia and Hungary,
in 1439, Hungary was divided into two factions, — one the
Austrian party, holding with Ladislaus Postumus, the posthu-
mous son of King Albert, the other the Polish party, which
supported the pretensions of Wladislaw of Poland. The
Counts of Cilly took the side of their relative, Ladislaus
Postumus, the grandson of Barbara of Cilly and the Emperor
Sigismund. War between the parties was unavoidable, and
lasted the whole of the year 1440, into the year 1441. Ulric,
Count of Cilly, was young Ladislaus Postumus's representative
and commander at Raab in Hungary, and as he was on his
way to the widowed Queen Elizabeth at Presburg, he was
attacked by the men of Wladislaw of Poland, taken prisoner,
and conveyed to Buda, but released on parole.
Meanwhile the Hungarian leader, Banfy, had penetrated as
far as Sannabar, and encamped near this castle, which be-
longed to the Counts of Cilly. Vitovetz found him with a
waggon fortress in the neighbourhood of an extensive morass.
He attacked the Hungarians with such vigour that they beat
a hasty retreat into their fortress ; but Vitovetz forced his
way in along with them, and gained a complete victory in the
midst of the waggons. Many of the Hungarians galloped on
horseback in flight into the morass, and there perished miser-
ably. Others were taken prisoners, as well as tents, artillery,
waggons, gold and silver plate, money, and many other things.
Five hundred well-equipped horses fell to the lot of the
victorious general. Among the prisoners was Paul, Duke of
Lindau, who afterwards became King Ladislaus Postumus's
High Steward. This battle took place on March I, 1441.
Vitovetz marched on with the army of Cilly in the direction
of Raab, and met King Wladislaw of Poland in the plains near
Sabaria ; but, instead of a battle, a compromise was negotiated
by the two Counts of Cilly. It was agreed that Count Ulric
HISTORY OF THE COUNTY OF CILLY. 331
should be released from his parole, and that the prisoners
taken in the war, on both sides, should be set at liberty.
Wladislaw of Poland perished in 1444, in the battle of
Varna against the Turks, and his faction in Hungary was
compelled to accept Ladislaus Postumus, or, as the Cilly
Chronicle calls him, " Lasslawn," for king. He was under the
guardianship of Frederic of Austria, King of the Romans, to
whom the Hungarians, in September, 1444, sent a formal
embassy, desiring that he might be delivered up to them.
Count Ulric of Cilly, who was much thought of by the king,
exerted himself to the utmost in favour of the boy's being
sent to Hungary ; but the M'hole negotiation was shipwrecked
on certain preliminary conditions demanded by Frederic.
The Count of Cilly, dreaming of the dignity of regent, which
he expected to hold during the minority of Ladislaus in
Hungary, and seeing the success of his exertions in council,
determined to compel the Hungarians to accept him as king
by force.
The time was favourable for such a course. John Hunyadi,
so celebrated for his victories over the Turks, was just then
on his march against Drakul, the ruler of Wallachia. Ulric
therefore ordered his general, Vitovetz, to invade Croatia and
attack Matka-ban, who held the bishopric of Agram, the
priory of Vran, and the Castle of St. George, besides other
lands and fortresses in Croatia. The fortune of war was
favourable to Vitovetz. By the end of the year 1445 he had
taken the Castle of St. George, and not less than six others,
besides getting possession of everything belonging to the
bishopric and the priory. At the taking of the Castle of
Peckern, Janus-ban, Matka-ban's brother, was killed by an
arrow ; at Chrastovetz two knights, high in the Hungarian
army, were killed together by a single cannon shot. But
Vitovetz — like Ziska, at the Castle of Rabi — lost an eye
before Chrastovetz, by a shot from a hand-gun. As the
Counts of Cilly had previously obtained the great Castle of
Medved-grad (Bear Castle), by exchange for Seyllenburg, they
now became complete masters of the district of Agram, so
332 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
that Count Ulric appointed a priest named Benedict, Bishop
of Agram, and after him another, Dr. Balthazar, who main-
tained himself there until the death of Ulric.
Intelligence of these events reached John Hunyadi while
still on Wallachian ground. But, however desirous he might
have been of taking vengeance on the Count of Cilly, he was
obliged to defer his intentions to another time, his army, on
account of the approach of winter, disbanding itself after the
Wallachian campaign, and the men returning to their homes.
But before he obtained the position of Regent of Hungary in
the name and stead of King Ladislaus Postumus (to which
he was elected in May, 1446), he made a destructive inroad
into the county of Cilly, in order to avenge himself upon the
count. But here, too, Vitovetz, with his trusty soldiers, re-
sisted him successfully, so far as his inferior forces allowed,
exhibiting therein no small sagacity and military skill. The
army that Hunyadi had assembled numbered 15,000 men,
Hungarians and Wallachians. This large force marched over
the Drave into Croatia with the intention of recovering the
castles which the Count of Cilly had taken and garrisoned in
the preceding year. The Castle of St. George was first taken,
after which Hunyadi led his army before Varazdin, which was
then unfortified, except by a single tower, built by Ulric at
one corner. Unable to take the tower, and not desiring the
delay of a regular siege, the Hungarians set the town on fire
and hastened into the county of Cilly, where they sat down
before the town of Wendish Feistritz. Vitovetz's tactics were
to provide all strong places with garrisons, while he himself,
with a small body of from sixty to eighty horsemen, kept on
the rear of Hunyadi's troops in the open field, in order to
ascertain their plans. As soon as he found their aim to be
Feistritz he outstripped them, and arrived in the town before
they arrived before it. The first assault of the Hungarians,
which they made on the town the week after Palm Sunday,
was repulsed on all four sides. A fire broke out in the town,
said to have been kindled by a soldier, who was a born Hun-
garian. The Hungarians imagined that Vitovetz wanted to
HISTORY OF THE COUNTY OF CILLY. 333
escape from the town under cover of the conflagration, and
surrounded it on all sides. Finding that nobody attempted
to quit the town, they delivered a second assault. The de-
fenders, having burning houses in their rear and the enemy in
front, were only able to post themselves between a palisade
and the wall with which the town was surrounded, and there
await the enemy. The Hungarians succeeded in forcing their
way as far as the moat, but after a sharp struggle were com-
pelled to retreat a second time. Hunyadi, seeing that he
could not take the town by a coup de main, sent his nephew,
Szekelyi, with about 1,000 men, to the town of Cilly,
but he was able to effect but little, and returned to
Feistritz after burning a few houses and farm buildings in
the suburbs.
It would seem that the spring floods running from the moun-
tains into the Drave compelled Hunyadi to leave Feistritz
and hasten to the opposite bank of the river. He made an
armistice for a few days with Vitovetz and hurried over the
river, but lost a good many men and horses in the passage,
and others were intercepted before they were able to cross.
Vitovetz himself, observing that Hunyadi was anxious to get
to the town of Ptuj, anticipated him there also, and prevented
his entrance. The Hungarians proceeded onwards between
the Drave and Muhr, ravaging the Cilly estates, until after a
slight skirmish near Chakovetz they recrossed the Drave and
reached the village of Koprivnitz, whence they made forays
and did all the harm they could to Ulric's property. Nor was
it till Vitovetz followed them thither himself, posted himself
with his army near the lower of Rasinje, about five English
miles from Koprivnitz, and made ready for a pitched battle
with them, that they withdrew thence and returned to Hun-
gary, whence they had come. On this campaign Hunyadi
did not fail to inform the count that he, the count, was the
guilty cause of all this mischief, in that, when he invaded
Hungary the preceding year, he had done it without a defiance
and without notice, — conduct which the Hungarians had not
expected from him, as it was the proper thing to issue a
334 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
defiance * before war. It is gratifying to find that a reconcilia-
tion took place between Count Cilly and Hunyadi, dated
March 21, 1456, not long before the great Hungarian hero's
death, which took place suddenly of the plague at Belgrade
on August nth of the same year.
In the year 1454, on the eve of St. Margaret, died old
Count Frederic, Ulric's father, and on the selfsame day Ulric's
army suffered a defeat from Toman, Count of Croatia, who
had made himself master of several castles belonging to the
Cilly family in the valley of the river Kerka, and in particular
of that of Osterwitz. Count Ulric without delay sent John
Vitovetz, who had not been with the defeated army,f to
humble Toman. Toman soon surrendered both Osterwitz
and another unnamed castle, both belonging to the Croato-
Dalmatian Banat.
Two years afterwards (November 9, 1456) Count Ulric,
who succeeded the great Hunyadi as King Ladislaus Postu-
mus's captain-general in Hungary, was assassinated by his
rival, young Ladislaw Hunyadi, eldest son of the hero, at
Belgrade in Servia.
This event took place on the following wise. After the
death of the great Hunyadi, King Ladislaus Postumus was
compelled by both military and political reasons to hasten
from Vienna into Hungary with all possible speed. A diet
was summoned at Futak, which was but sparsely attended by
the Hungarian nobles, and at which Ladislaw Hunyadi refused
to present himself, unless he were assured by a document
under the royal sign-manual that the account due from his
deceased father would not be demanded from him. At length
he appeared, and was received with every mark of honour
and friendship. He promised within a given time to surrender
into the king's hands not only Belgrade, but all his castles,
and requested to be again accepted as a son by Count Cilly
* What the Germans call a " Fehdebrief."
f It is plain from the whole tenor of the narrative in the Cilly
Chronicle that the wording ought to run — " Und bey der ersten Reiss da
das Volk wardt niedergelegt, ist J. Wittobetz nit (not mif) beygewesen."
HISTORY OF THE COUNTY OF CILLY. 335
according to the terms of 'the deed of reconciliation with his
deceased father. This engagement was renewed at the solici-
tation of the king, and confirmed not only by an oath, but
by the solemn reception of the eucharist by both parties. The
reconciliation appeared so complete, and confidence so entire,
that the king and Count Cilly determined to proceed to Bel-
grade, although it was still in the power of the Hunyadis ; it
being said that the garrison of the fortress was as devoted to
the king as its lords themselves.
The king landed at Belgrade with his army and the
Crusaders, making up altogether 44,000 men in 103 ships, on
the evening of November 10, and was welcomed on the bank
of the river with the highest honours. At his side were
Count Cilly, Duke Otto of Bavaria, the Bohemian Lords of
Rosenberg and Sternberg, the young Count of Gorz, Count
Frangipan, and many other nobles. As soon as he had ridden
into the fort with his suite, the gate was hastily closed behind
him, and entrance denied to all Germans and Bohemians who
refused to lay aside their weapons. Endeavours were made
to calm the terrified king by assuring him that an ancient law
forbade armed men, not belonging to the garrison, to be
allowed to enter a border fortress. But Count Cilly 's fore-
boding of evil was soon fulfilled. He attended mass on the
following morning, and was several times summoned during
the service to a consultation which was to be held in Count
Ladislaw's room. At length he appeared unarmed, but with
his corselet under his clothes. Behind him came Count
Gregory Frangipan, and Kaplir of Sniewitz, a noble Bohe-
mian youth, sixteen years old. Being received by young
Hunyadi with a kind of reproof, and perceiving the danger
threatening him in the whole bearing of the friends of the
latter, he drew Frangipan's sword, and boldly commenced the
struggle. He wounded Hunyadi and three Hungarian lords,
but was then struck down and slain, and his head cut off after
his death by Szilagyi. Frangipan and Kaplir, who endeavoured
to protect him, were both wounded. During the tumult and
outcry that arose the garrison disarmed and robbed all the
336 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
German and Bohemian lords and nobles that had entered the
fortress with the king, nor did they spare Duke Otto himself.
The king was kept under ward in a room apart, and told that
Cilly had begun the fray, and paid for his wickedness as he
deserved : the king himself had nothing to fear, but would
now rule freely, liberated from his traitorous guide, and all the
Hungarians would obey his commands. The army was dis-
banded, and the king was kept a fortnight in a kind of respect-
ful custody by Ladislaw Hunyadi, after which he was released,
declared himself of age at Ofen, and took the opportunity of
a tournament to arrest, condemn, and behead Ladislaw Hun-
yadi (March 1-5 and 16, 1457), and also eventually carried off
Mathias Hunyadi, afterwards the celebrated King of Hungary,
Mathias Corvinus, a captive to Vienna.
With Ulric the family of the Counts of Cilly died out, and
no other member of it remained but his widow Catherine.
Five banners waved over the bier of this powerful man when
his remains were brought for burial in the monastery at Cilly, —
the banners of Cilly, Ortemburg, Sonneck, and Zagoria, and a
black mourning banner. And there was great weeping and
wailing when it was cried over the grave, " Cilly ! and Cilly
never more ! " (" Cilli ! und nimmermeyr Cilli ! ").
Scarcely was the count laid in his grave, when numerous
claimants appeared with stronger or weaker pretensions to
what he left behind him. First was the Emperor Frederic,
who claimed all the lordships and castles in Styria, Carinthia,
and Carniola ; second, King Ladislaus Postumus of Hungary,
to whom the deceased count had intended to bequeath his
estates ; third, Prince Sigismund of Austria, who claimed
the county of Ortemburg ; and fourth, Count John of Gorz,
who produced ancient reciprocal agreements respecting in-
heritance with the Cilly family. Others also claimed portions
of the Cilly property, but none of the claimants paid the
slightest regard to the widow. She, however, and the " coun-
cillors, burggraves, and servants " of her late husband, formed
a league for defence, at the head of which was Vitovetz, to
whom Count Ulric had given the Castle of Greben in inherit-
HISTORY OF THE COUNTY OF CILLY. 337
ance, and that of Sternberg in Carinthia for life. He had
also made him his " viceban " in the " Wendish " * territories.
After the death of Ulric, King Ladislaus appointed Vitovetz
Ulric's successor in the Slavonian Banat, as appears from a
document dated March 24, 1457, in which Vitovetz engaged
to enter into the service of the Emperor Frederic, provided
he was released from his duties by King Ladislaus, " whose
ban he was in the Wendish lands." So far, however, was
Ladislaus from giving him the required release, that he
ordered him to commence hostilities against the Emperor at
once, which he did with such effect, that on April 2Qth, 1457,
he captured the Emperor's whole suite in the town of Cilly.
But on November 23rd, 1457, King Ladislaus died, and
nothing remained for the widowed countess but to make the
best agreement she could with the Emperor Frederic, with
whom she came to terms on December I5th, 1457, the
Emperor obtaining all the Cilly castles in Carniola, Styria,
and Carinthia, while she was left unmolested in possession of
those in Hungary and Croatia.
The Emperor also came to terms with Vitovetz soon after
the election of Mathias Hunyadi, surnamed Corvinus, to the
Hungarian throne, and it is supposed that it was greatly due
to the aid of Vitovetz that he defeated Mathias and his
adherents in the battle of Kbrmend, on April 7th, 1459.
In December, 1459, Count John of Gorz declared war
against the Emperor on account of his claims to portions of
the Cilly estates, and took the town of Drauburg, in Carinthia,
and two castles in its neighbourhood, as well as Goldenstein
and Ruffenstein, finally sitting down before Ortemburg. The
Emperor spared neither pains nor money to engage Vitovetz
in his service, and that able commander soon reduced the
Count of Gorz to terms, taking from him all his late acquisi-
tions and also his previous rightful possessions in Carinthia.
In recompence Vitovetz was made Count of Zagoria by
letters patent, dated March 22nd, 1460. Vitovetz also
* "Wendish" signifies much the same as Slavonic.
Z
338 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
obtained all but one of the castles previously held by the
widowed countess, making her compensation in money, and
she settled with her property in the city of Ragusa, receiving
also an annual income from her sole remaining castle.
Vitovetz thus became under the Emperor possessor of a
great portion of the domains of the Counts of Cilly, along
with the arms of Sternberg and Cilly. As the Cilly Chronicler
says, " John Wittebetz thereafter became powerful, and wrote
himself Joan, Count in Zagoria, and Ban in the Wendish
lands." After the year 1463 nothing further is heard of him,
although in 1477 n's widow is known to have been in posses-
sion of all his estates.
Such is a brief account of the rise and disappearance of the
county of Cilly, which for a time was certainly one of the
most powerful and prosperous of the smaller states in Europe,
and which, had not its line died out, might have had a very
conspicuous future before it.*
* The writer acknowledges his special obligations to an article in the
Czasopis of the Bohemian Museum by Herm. Jireczek, intituled "Jan
Vitorec, valecznik czeskjr."
339
ON THE PHENOMENA OF HISTORICAL REPE-
TITION : A STUDY OF THE RELATION OF
HISTORICAL TO SCIENTIFIC RESEARCH.
BY BENJAMIN W. RICHARDSON, M.D., F.R.S.,
PRESIDENT OF THE COUNCIL OF THE ROYAL HISTORICAL SOCIETY.
DlONYSlUS of Halicarnassus tells us that History is " Philo-
sophy teaching by examples." Of all the definitions of his-
tory, this, one of the oldest, is probably one of the best. It
is assuredly the best in a scientific point of view, since it
places history in the true light of a natural science. It is as
though it said history is the record of phenomena which occur
and which recur, so that an example is set which may be ac-
cepted and remembered as something that will be seen again
and recognised again like other and more obviously mechani-
cal examples of natural processes.
Lord Bacon conveys in other words the same thought when
he says " history treads the earth performing the office of a
guide rather than of a light." He means, I take it, to tell us
in this definition that history is a series of examples or signs
by which we are led on in natural course to know what are
the whole phenomena of the living moving force or light that
produces the phenomena. Frederic Schlegel expresses the
same thought, yet once more in different terms, when he says
" the historian is a prophet with his head turned backwards : "
by which he suggests that the man who has read history
thoroughly has seen the phenomena recorded in history so
frequently, he is able to foresee the recurrence of the pheno-
mena or the circumstances under which they will recur.
More forcibly still the same view is maintained, but pro-
bably not originated even by him, in the words of the writer
340 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
of that most wonderful of all wonderful essays, the Book of
Ecclesiastes ; a book which, to my mind, is the unsurpassed
of all that is in literature : a book of science of the most lucid
character ; a book of metaphysics of the most subtle discrimi-
nation ; a book of philosophy taught by examples of the pro-
foundest wisdom. And thus its writer speaks : — " The thing
that hath been, it is that which shall be ; and that which is
done is that which shall be done :' and there is no new thing
under the sun."
The selfsame thought is conveyed in the common saying, —
" History repeats itself."
I have quoted the statements of those who rank highest of
the highest in authority ; but it is also open for me to make
reference to yet another authority, which, though in detail
lower, is, in combination, the source of the very authorities
classed as the highest. I refer to what we may call the ex-
perience of intellectual mankind. Whatever may be the secret
origin of the experience, it is certain that in proportion as the
animal man surpasses the lower animal, and rises, by intellectual
superiority, into the light of knowledge, and into that applica-
tion of knowledge which we call wisdom, he becomes more
conscious without any professed special historical learning, — I
mean historical learning according to the common acceptation
of the term, — he becomes more conscious of the impression that,
whatever new thing is brought forth, it is in some sense accord-
ing to the order of nature. A something which he is prepared
for if not familiarized with. A something that he accepts as
if it were old, or as if it had been done before or had been
thought of before. To him it is no surprise. The ignorant
only are subject to wonder. There exists, in fact, amongst
the intellectual a mental preparation for accepting what is
called the repetition of history.
Before we can discuss the phenomenon of repetition it is
necessary to see clearly what are the elements of history. In our
day we have come too exclusively to confine the word history
to what is technically called civil history, that form which
Bacon defines as the " works and acts of men;" while natural
ON THE PHENOMENA OF HISTORICAL REPETITION. 341
history, which the same author defines as "the natural records,
the works and acts of nature," is put aside as if the adjective
rather than the noun expressed what ought to be understood.
This is a mistake of the first order. The two histories are
one and inseparable, and their combination under one pro-
fessorship, as in the chair of civil and natural history in
the University of St. Andrews, for example, though it be an
imperfect mode of expressing the unity, is an improvement
on the system of division and distinction which now passes
current.
On the supposition that civil and natural history are one,
the term historical repetition is at once admissible and under-
standable, because no one disputes that the phenomena of
natural history, of night and day, of storm and calm, of
seasons, of birth and death, and such like, are repeating his-
tories. These phenomena a man can contemplate and calcu-
late apart from the phenomena he himself produces. The
great question is, are the works and acts of men of the same
order ? Is the course of a famiJy or race as definite as that
of a planet ? Are human affairs conducted in a manner that
subjects them to recurrence independently of the man ? Is
the will of man, seemingly so independent, no more than a
will within a will ? Is it directed from without ? Is it as
definitely under natural law and ordinance as those movements
which are so obviously under external governance ? In a word,
are the works and acts which make the civil history of the
world under fixed law as recurring phenomena ? Is it the fact
that " the thing which hath been is that which shall be ; and
that which is done is that which shall be done " ?
From my own observations I gather that there are three
schools of thought on these questions. There is a school,
and this includes probably the greater part of those who are
called pure historians, which studies the civil history, the
works and acts of man, apart altogether from natural history.
To this school man stands forth as an independency, an in-
strument of self-government, an instrument of self-improve-
ment in the fullest degree. Man is set free from Nature ; he is
342 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
above Nature. He may control her, defy her. The supreme will
which ordained the material universe, and which also ordained
man, established in its divine wisdom two orders of power.
The one the motion of inanimated matter, mighty and per-
sistent, governed by laws out of the hand of man. The other
the motion of animated matter, of matter endowed with self-
action, responsible to itself ; standing apart from inanimated
moving matter, and seeing it move, yet declaring it dead ; study-
ing the movements of such dead matter, and formulating
them in pages of science, yet feeling itself distinct and super-
endowed ; reading a history of the movements of the unani-
mated matter, and calling the record natural history ; reading
a history of the movements of animated matter, and calling
that civil history ; speaking of the unanimated distinctly as
nature, of the animated distinctly as man.
To this school of thought the idea of historical repetition
is, of a necessity, a chimera. Why should history repeat itself?
Man increases, and as he increases progresses. Man is free to
improve in the future, why should he fall back on the past ?
If it be that some facts suggest repetition, the facts are due
to the circumstance that the man has continued too long in-
active in that particular matter of improvement. He repeats
when and where he might improve, or he continues a practice
or an act because it pleases him to do so; because, in fact, he
likes to continue it. This school of thought is strong in its
beliefs ; and civil history, as a special branch of learning, is
founded upon it. It is strong because it is satisfactory to the
pride of man. It adds to him a principle, a spirit beyond
that which belongs to the inanimate matter he sees in motion
around him. He is no mere cloud to be wafted by the four
winds, to be driven into fantastic form, to be dissolved in tears
of rain, or to be riven as by passion of lightning or clash of
thunder into nothingness. No ! These phenomena pass away
and repeat themselves. He exists ! He can govern even that
angry cloud, and make its passionate fire obey his behests.
There is another school, to which the majority of educated
mankind belongs, which, on the whole, is content to accept
ON THE PHENOMENA OF HISTORICAL REPETITION. 343
the teaching of the civil historian as above stated, but which
accepts the teaching with a qualification. It sees so many
instances of strange repetitions of work and act in the history
of man, it is fain to believe in some stranger and more
singular power, by which, independently of the human will,
some works and acts are repeated. For much that man does
he is master of the doing ; but not for all. He is sometimes
impelled to repeat what has been done. There is a law of
coincidences, say the followers of this school, which they
believe, but do not attempt to explain ; some midway con-
nection between the repetitions of nature and the free-will of
man.
There is a third school, including mostly students of natural
history ; a very ancient and at all times, so far, a very small
and select school, which thinks it can trace everything back to
natural law. This school holds that men are deceived when they
consider their works and acts are supernatural, or out of the
range of ordinary natural governance. It says that a
superior intelligence surveying all human work would detect
that such work, like that of external nature, is after a fixed
rule with periods of recurrence.
These historians see in civil as in natural history nothing
but repetition. To them history, universal and concrete, is-
ever repeating itself. Foremost of the school was he who
wrote, " The thing that hath been, it is that which shall be ;
and that which is done, it is that which shall be done : and
there is no new thing under the sun."
Between the first and the last of these schools of thought
the world of intelligence has been divided from the first
periods of enlightenment. The contending views colour every
act, every science, every social phase, every religion. The
aesthetic joy of the ancient Greek, the melancholic determi-
nation of the Jew, are representative extremes of these
schools. The religious ardour which, upholding good works,
places salvation in the power of the unsaved ; and the equally
religious fervour which, prohibiting boasting, makes salvation
an act of grace and places the act amongst the events that
344 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY
are predestined and out of the reach of the will of the
recipient, are the representative extremes of these two schools
of thought.
On the whole, the contentions of argument on these debat-
able subjects have been carried out by the advocates of the
first and third of the schools of thought, both of which, in a
numerical sense, have ever been a minor part of mankind.
The masses have belonged to those who, caring less for
logical precision than for peace of mind and influence, have
adopted something from each of the extreme schools, and
stood between them. The history of the Church of Rome is
a signal illustration of this position. Extolling the doctrine
of good works to the actual canonization of man, and making
it dogmatically clear that human advancement to perfection is
progressive and dependent on individual perfection wrought
out by the human will, this church declares, at the same time,
at every possible opportunity, the changelessness of history?
and that " as it was in the beginning, is now, and ever shall
be, world without end." The grand division of the Church by
which it was once broken occurred at this weak point in its
doctrine, and would occur again if the added dogma that the
Church is an instrument guided from without by definite
rules and by virtue of a power it cannot control, but
which always guides it in the right, were not applied as a
philosophical support. A support borrowed from that school
of natural historians which sees all men as instruments working
out blindly to themselves the fixed and predestined order of
nature.
In its scientific aspect the truth of the theory of historical
repetition as a necessary occurrence, and as a definite occur-
rence, turns altogether on the questions whether natural and
civil history, i.e., the acts and works of nature and the acts and
works of man, are or are not the same. If they be the same,
then every repetition of history is a part of a design or system
which, being fixed, may be discovered so that the future history
of man may be foretold in a way as wonderful yet not more
wonderful than the foretelling of eclipses to a world innocent
ON THE PHENOMENA OF HISTORICAL REPETITION. 345
of mathematical calculation. If they be not the same, then
the most striking repetitions of history are due either to
accidents, or to the resolutions of men that they shall be
repetitions ; as when on the stage we present to an audience
a moving and living picture of something that once has been,
and that now, for the moment, by the order of the human
will, is presented again.
We might cast the theory of historical repetition to the
winds, in its relation to civil history, if the event of it merely
rested on accident, or on the resolution of man that it should
be. Is there historical repetition as a part of a natural
system, in the working of which we are the instruments, and
over which we have no actual control ? Is it true that " the
thing which hath been, it is that which shall be; and that which
is done is that which shall be done"?
I propose to devote a few moments to look at the assumed
affirmatives of this argument.
In the history of man, when he is considered as part of the
universe, when in himself the natural and civil life are so com-
bined that they become inseparable, the phenomenon of repeti-
tion is simple enough and certain enough. The birth of man^
his appearance on the planet as a distinct existence, is a
sufficient illustration of the phenomenon. Equally distinct
and repeatedly distinct is the death of the man. The death
may seem to be varied in detail of mode and form, but it is
essentially one phenomenon, occurring always, as we discover
when it is traced carefully to its intimate nature, from the
same order of act and process. Again in the most refined
construction of the man history is repeated. His qualities of
mind, his muscular movement, his colour, his physique, are
repetitions sometimes so close that the least observant are
obliged to read them, and are never so absent but that the
observant are able to read them.
In this repetition of historical fact we touch at once the so-
called civil history of the world, that history which is demon-
strated by man in his acts and his works. If he be, as he
certainly is, influenced by agencies which were in action and
346 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
in work before he was born, and which are inevitably repeated
through time, it is hard to deny that in civil as in natural
affairs history repeats itself. That " the thing that hath been is
that which shall be ; and that which is done is that which shall
be done."
When from these repeated qualities we come to the man
himself, we see the repetition in those of his acts which make
his history, and by multiplication of himself into the world,
all history. The phenomena of sleeping and waking, on
which his whole existence, as an active agency, depends, is a
repetition as steady as almost any of the repeated phenomena
of the movements of what is accepted as unanimated matter.
A view has recently been enunciated that in respect to sleeping
and waking, there are two definite periods in the twenty-
four hours in which sleep and wakefulness naturally fall ; a
period extending from eight in the evening to four in the
morning for sleep ; and a period extending from four in the
morning until eight in the evening for wakefulness ; and that
these changes in the times named are like the ebb and flow of
a tide in their regularity and order. To my sense as a phy-
sician this theory is in accord with all I have observed. But
whether it be strictly correct or not it nearly defines the limits
of two processes which are to all intents repetitions of the
history of man ; processes which are so connected with his
acts and works, they may be considered the bases of his civil
historical life ; processes that are so connected with his civil
historical life, that changed in the same man, the character of
his career would also be changed, so as to represent the
condition under which it was developed and carried out.
The history of man is rigorously repeated in those acts and
works which depend on the possession of special organic parts
or structures. Here the refinement of the repetition is such
that nothing short of constant familiarity with it could fail to
make it the most striking of demonstrations. Take for a single
and sufficient example the repeated phenomena of particular
singing voices, the soprano, the mezzo-soprano, the contralto,
the tenor, the baritone, the bass. In studying these voices, so
ON THE PHENOMENA OF HISTORICAL REPETITION. 347
definitely arranged by historical repetition of a natural kind,
the skilful musician constructs the whole of that part of civil
human history that is written in song. He could not, indeed,
write out of this rule of repetition, tried he ever so earnestly.
It may with great fairness be said that in these illustrations
we are dealing after all with the accredited phenomena of
natural history, the repetition of which no one denies, and the
effects of which, in an indirect manner, on civil history no one
wishes to deny. I feel we may go a step further than this out-
post. To my mind we may take also fairly into our argument
the genius out of which all civil history in its practical de-
clarations is prepared. The distinguishing peculiarity of
genius is that it is impelled to its action in the person through
whom it is developed. I cannot doubt there have been some
men of genius so strongly impelled as to be themselves aware
of the impulse ; themselves conscious that, in the supreme
order and design of nature, they were instruments for unfold-
ing the design ; that they lived not for themselves, but for
other and irresistible intents. In saying this I do not mean
to imply that such persons were specially picked out at a
special time by some interfering superior governing hand for
a special purpose or necessity, but that they came in natural
undisturbed order of coming, in due time and probably in re-
volution of fixed duration, i. e., in a psychical circle of time.
In other words, they were repetitions of the same qualities of
men, and were repeated because they came into the time and
order of repetition.
Again, it is difficult not to believe that universal genius
by particular methods is repeated in particular epochs, — now
by genius for abstract research, anon for applied research ;
mechanics ; now for poetry, anon for art. At the present
moment we are passing through a phase of applied research,
derived from the last marvellous century, and are repeating
what has been the mind of preceding similar psychical periods.
Sometimes we repeat in actual detail, innocent in the act of what
has been done. Sometimes we repeat in detail not what has
perhaps precisely been done, but what has been conceived and,
348 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
owing to the briefness of the period of applied research, left
undone.
History is a perfect mine of wealth of these facts when the
mode of looking for them is once explained. Let me give an
illustration of a rather striking character bearing upon one of
the most startling of mechanical researches of this mechanical
time.
A modern genius told us not long ago a fact at which the
masses wondered. Into an empty sphere of glass Mr. Crookes
inserted light discs of matter, and by bringing the sunbeam
to bear on these lightly suspended masses, in direct or in-
direct form, he made those discs revolve. This is not the place
to enter into the cause of such developed motion. Suffice it
for me to say that the observation, on Mr. Crookes' part per-
fectly original, is one that through the future must always excite
an interest of the first order. If it be lost it will revive again.
So much for this invention as an independent modern example
of human skill. What to us is of special interest at the pre-
sent moment, is the fact that this invention has been lost, and
is now found again. " The thing which hath been, it is that
which shall be ; and that which is done is that which shall be
done." In this invention we see called up again the crystal
sphere of Archimedes ; the sphere and cylinder, the figure of
which Cicero, when Quaestor of Syracuse, many years after
the death of Archimedes, discovered depicted on the tomb
of the immortal mechanician : a tomb then so forgotten that
men with scythes must needs clear the way that the anti-
quarian Quaestor might approach the shrine.
The spherical cylinder of Archimedes stands side by side
with that of Crookes. Within it both scientists placed
small bodies that by some wonderful extraneous power re-
volved ; and so revolved that men of old and of our time might
say, — whether rightly or wrongly I do not declare, — that they
see in the little sphere the model of the great, of the earth and
the sister planets moving round the central sun.
"In sphczram Archimedis" affords a veritable text on which
the poet Claudian, penning the subjoined poem, makes Jove
ON THE PHENOMENA OF HISTORICAL REPETITION. 349
himself look down with admiration to behold the mortals
copying his plans and casting the designs of the gods into
mortal mould.
IN SPH^ERAM ARCHIMEDIS.
Jupiter in parvo cum cerneret aethera vitro,
Risit, et ad Superos talia dicta dedit :
Huccine mortalis progressa potentia curae ?
Jam meus in fragili luditur orbe labor.
Jura poli, rerumque fidem, legesque Deorum,
Ecce Syracosius transtulit arte senex.
Inclusus variis famulatur spiritus astris,
Et vivum certis motibus urget opus.
Percurrit proprium mentitus Signifer annum,
Et simulata novo Cynthia mense redit.
Jamque suum volvens audax industria mundum
Gaudet, et humana sidera mente regit.
Quid falso insontem tonitru Salmonea miror ?
Aemula naturae parva reperta manus.
A poem which I venture to translate as follows : —
When Jupiter beheld the ethereal air
Enclosed within a little glass, he laughed,
And to the gods, in such like words, exclaimed.
" What ! has it come that mortals by their skill
Have so progressed that in their fragile world
My labour is a passing sport for them ?
See you that Syracusian — an old man,
Claiming on earth the very rights of heaven,
Laws of the gods, and principles of things!
The spirit he infuses in his sphere
Waits on his various stars, and gives to them
A living motion, fixed by certain time.
The counterfeited zodiac runs on
In proper yearly course : and Cynthia,
In a new month, with mocking step, returns.
And now the audacious industry, entranced
With its revolving worlds, must rule the stars,
A human mind govern celestial fires.
350 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY,
Why do I wonder at Salmoneus
And his false thunder ? He is innocent !
When a small hand dares to proclaim itself
The rival hand of nature !
In other works, or if not in actual works, in words of genius, the
story of historical repetition is equally told. Homer dismisses
his loving hero, telling his wife the self-same philosophy as we
have described to-night. The term of all the race on earth is
fixed, nothing, not even life, is antedated, though an enemy be
at the door. Virgil depicts the pendant earth in space, — "Aspici
convexo nutantem pondere mundum" — as clearly as ever astro-
nomer royal drew it on his chart, Isaiah tells of the period
when the infant shall not die from neglect, but when every
man shall fulfil his allotted period on earth, like a modern
sanitary scholar. Epicurus discusses the theory of atoms,
and denying to the atom the soul or spirit which others had
ascribed to it, proclaims the materialistic school which is at
this very hour struggling, so hopelessly, to raise its head.
Shakespeare knows, not less clearly than Newton, that the
centre of attraction —
" Is as the very centre of the earth,
Drawing all things to it."
Milton, in the battles of the angels, invents engines of war
which an Armstrong may reduce to matter, but cannot
excel in conception of power.
I need pursue this illustration no further. You who know
biographical history so well will find in your memories a book
of such remembrances. It will proclaim to you on every
page as you read it that the soul of genius lives, in its repeated
appearances, as itself and as nothing else ; as a light passing
through the mental firmament : as a comet passing through
the terrestrial sphere.
We touch the most refined part of our study when we deal
with the phenomena of historical repetition through the
exalted shadow of genius. We touch the grosser, and there-
fore the more obvious part, when we descend to those lower
ON THE PHENOMENA OF HISTORICAL REPETITION. 351
phases of human history, which are demonstrated in the
instincts and passions. Through these repetition is ever being
manifested. In the lower animals the repetition is so steady
that their works and acts left uncontrolled may be practically
measured as pure problems of calculable natural history. In
men of lowest animal construction the repetition through the
passions is as perfectly obvious. And all the phenomena of
passion, — of love, of hate, of greed, of fear, of lust, of pride,
of rage, — are presented with a regularity which makes the
grand result of them in their worst phase, the crime that
results from them, a measurable quantity from year to year
and age to age. So great crimes, great massacres, great
murders, great thefts, repeat themselves, as great virtues
repeat themselves, and as great revivals do, in science, art,
learning, and religion.
From its application to the acts and works of man the
law of historical repetition extends to the accidents in which
he is involved, but in the production of which he plays
no voluntary part. To that condition of mental aberra-
tion to which we give the general name of insanity the rule
applies with full force. Each form of this disease is an
historical repetition. The same rule is in force in respect to
common diseases. I can find no such thing as a new
disease. I can find no evidence that any one disease has
been uprooted. Long intervals of time elapse sometimes
between the occurrences of a particular disease, but the recur-
rences areonly a matter of time, and are governed, as it would
seem, by some unknown but definite law. The periodicity of
disease, indeed, is one of the strongest of evidences of the
rule of historical repetition.
If, then, all the mere natural acts of life are historical repe-
titions ; if the vital organic acts are the same ; if the acts
which distinguish men in their artistic lives are the same ; if
genius be a repetition ; if the products of the passions be a
series of repeated acts ; if the accidents by which we are
affected, and the morbid not less than the healthy states of
the body come in periodically recurring order : — Then the fact
352 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
that history repeats itself stands forth as an ultimate fact
that must be accepted, though it may be beyond solution.
The mind of man has not rested at the discovery of the
phenomenon. It has endeavoured to solve it. It has been
argued that all history is developed, according to physical
conditions, and that each age, each race, each family, is
moulded into its state and historical character by the nature of
the forces and materials through which it is moved and served.
I believe it to be true that much of the history of a people is
dependent on the character of the natural foundation on which
the people has been constructed and on which it survives.
But this theory does not explain the recurrence of those mani-
festations of repetition which stand quite apart from corre-
sponding conditions, and which unite men who are separated
by ages of time, by differences of language, by every possible
variety of social condition.
The simpler view seems to me to be that a certain
number of elementary types of men exist, — moulds of men
if I may so say, — and that these types, so long as they remain
permanent on the earth, reappear in regular order of time.
Practically, the same men live again, and think the same
again, and do the same again.
This hypothesis explains the facts, but of itself it is not a
sufficient explanation. To carry it to its end it is necessary
to conceive another mode of connection between man and the
force we call will, than has yet found common accepta-
tion. If will be an educt proceeding from the organization
of the man, then the theory is untenable, the whole theory
of historical repetition is a fable, and the pure materialistic
reasoners have their way untrammelled by arguments of
science. But suppose that the force which we call will is not
produced by us. Suppose that it exists as light and other
heavenly forces do outside ourselves, and acts through us
according to our animal cast and condition, then the theory
of types explains all the phenomena. Then we are moved
to action by a power that is indeed higher than ourselves :
then the mere organized part of ourselves, the instrument, the
ON THE PHENOMENA OF HISTORICAL REPETITION. 353
body, a compound instrument of many parts, is after all the
mere instrument, beautiful but destructible, renewable but
mortal.
This theory has one more advantage above all others
important. It links universality of law, even in history, with
human progress. It assails none of the most cherished beliefs
of a principle connected with animal life, yet acting as a dis-
tinctive spirit through men. Lastly, it explains the differ-
ences between men of different constructions, between man
and animals of lower types, and between the lower animals
themselves.
I am not so vain as to falsify my argument by putting
forward the hypotheses I have advanced.as new. In argument,
as in fact, " there is nothing new under the sun." I have no
doubt the same hypotheses have been adduced many times
and again ; and, if they have not been adduced, I am sure they
have been conceived. It has occurred to me simply, that by
bringing them forward on the occasion of the opening of
a new session of the Royal Historical Society, I might
revive a note that, at all events, has long time past been
silent, and thereby elicit from you a deeper and more certain
sound.
AA
354
REHEARSAL OF EVENTS WHICH OCCURRED IN
THE NORTH OF SCOTLAND FROM 1635 TO 1645,
IN RELATION TO THE NATIONAL COVENANT.
EDITED FROM A CONTEMPORARY MS.
BY THE REV. CHARLES ROGERS, LL.D.,
FELLOW OF THE ROYAL HISTORICAL SOCIETY.
A BELIEF in his divine right, with the acceptance of Arch-
bishop Laud's doctrine that the concomitant of religious
unity was uniformity in worship, led Charles I. to provoke
those hostilities which brought him to the scaffold. At the
Reformation the Scottish Church adopted the Genevan
system of government, which dispensed with bishops and a
liturgy. Upon it James VI. ingrafted a modified episcopacy,
and Charles determined to complete its uniformity with the
Anglican establishment by forcing on it canons and a liturgy.
According to royal order, a service-book, prepared by Laud
and others, was, as a commencement, used in St. Giles"
Church, Edinburgh, on the morning of Sunday, the 23rd
July, 1637. Archbishop Spotswood, Chancellor of the king-
dom, occupied the throne ; the Bishop of Edinburgh, David
Lindsay, sat in the pulpit ; and Dr. James Hannay, Dean of
Edinburgh, presided at the reading desk. As the last com-
menced to read from the service-book, murmurs of disappro-
bation became audible. A female who sat near the? com-
munion table rose from her stool, which she threw violently
against the pulpit. General confusion ensued, and the bishops,
unable to restore order, left the church. The country was
aroused, and petitions against the service-book were forwarded
to the king from every town and hamlet. Then followed the
Tables, or Committees, which met at Edinburgh. Under the
direction of these bodies was prepared and issued a public
REHEARSAL OF EVENTS. 355
declaration or bond, known as the National Covenant. In this
instrument the subscribers bound themselves " to adhere unto
and defend the true religion, forbearing the practice of all
novations already introduced in the matters of the worship of
God, or approbation of the corruptions of the public govern-
ment of the Church, or civil places, or power of churchmen,
till they be tried and allowed in free assemblies and in parlia-
ment." They further declared as follows : " We have no
intention or desire to attempt anything that may turn to
the dishonour of God, or to the diminution of the king's great-
ness or authority, but, on the contrary, we promise and swear
that we shall, to the uttermost of our power, with our means
and lives, stand to the defence of our dread Sovereign,
his person and authority, in the defence and preservation
of the aforesaid true religion, liberties, and laws of the
kingdom."
The National Covenant was on the 28th February, 1638,
publicly subscribed in the Greyfriars Church, Edinburgh. In
that city about sixty thousand persons from different dis-
tricts of the country had congregated, and the enthusiasm was
enormous. As the king had ceased to summon Parliaments,
and had prohibited the Church from meeting in general
assembly, a combination in defence of liberty, religious and
civil, had become a national necessity. This combination was
secured by means of the Covenant, and its general acceptance
at once paralyzed the monarch in his attempt to govern Scot-
land arbitrarily.
In certain districts, especially in the north, the Covenanters
were less popular than the king. At Aberdeen the deputies
who brought thither the Covenant were vigorously resisted.
Of the proceedings attending the occasion, and of events arising
therefrom, circumstantial relations have been preserved in two
well-known contemporary narratives, Spalding's " Memorable
Transactions," and Mr. James Gordon's " Scots Affairs." To
these is added the present "Rehearsal," which, though not
unknown to modern writers, is now for the first time printed.
The "Rehearsal" forms part of the MSS. of Robert Mylne,
356 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
preserved in the Advocates Library. The folio volume, which
contains it, is on the title-page thus inscribed, " Sir Ludovick
Steuart, of Kirkhill, Advocat, his collectiones. He was
great-grandfather to Lady Margaret Cuninghame, Countess
of Lauderdale. With several valuable additiones of Bulls,
Charters, etc., efter page 351 : all preceding that page being
Sir Lewis' collectiones, and the rest out of the valuable col-
lectiones of Mr. Richard Hay, channon regular of the Abbey
of St. Geneve in Paris, France, and pryor of St. Peirmont —
a most worthie gentleman of Scots extraction — well known
by his admirable collectiones. Ex manuscriptis Roberti
Mylne, Scribae."
As the "Rehearsal" commences at page 420 of the MS.
folio, it must have been transcribed from the collections of
Canon Hay, which follow page 351. The writer is described
"as a friend of Dr. Alexander's at Aberdeen." In 1645 there
were resident at Aberdeen three persons of some prominence,
John, Richard, and Alexander Alexander. Along with the
magistrates and others, these persons met at Aberdeen on the
7th March, 1645, to concert measures whereby the Marquis of
Montrose might be induced not to bring into the place his
army, which was then encamped in the vicinity. Four com-
missioners were appointed to wait upon the Marquis, one of
whom was " Mr. John Alexander." * This gentleman is, in
the Burgh Records, described as " advocate in Edinburgh/'
and is represented as petitioning the Town Council to grant
him a portion of ground, which George Jamesone, his father-
in-law, had held in life rent."f* He was one of the three hus-
bands of Mary, daughter and heiress of George Jamesone, the
eminent painter. His son, Cosmo Alexander, attained emi-
nence as an engraver ; and his grandson, John Alexander, was
the celebrated painter.
Mr. John Alexander was probably that "Doctor Alex-
ander " whose " friend " is said to have composed the " Re-
hearsal." The designation of "Doctor" may have been
* Records of Burgh of Aberdeen, p. 43. t Ibid, p. 40
REHEARSAL OF EVENTS. 357
granted him by one of the colleges at Aberdeen in tribute to
his professional learning. Along with others of the name at
Aberdeen, he was related to the family of Alexander of Menstry
which produced the celebrated poet and statesman, Sir William
Alexander, Earl of Stirling. On the 8th August, 1672,
Alexander Alexander, bailie in Aberdeen, was admitted an
honorary burgess of Stirling;* of that town, the Earl of
Stirling, and his sons,t were honorary burgesses, while several
members of his family traded in the place. To the connexion
subsisting between the author of the " Rehearsal " and
" Doctor Alexander," we doubtless owe the information, sup-
plied by our chronicler, and which is not to be found else-
where, that two sons of the Earl of Stirling accompanied
John Gordon, Lord Aboyne, when in 1639 he sailed into
the roads at Aberdeen with three ships of war to resist the
upholders of the Covenant. Though the Earl of Stirling was
much attached to the king, and had secretly aided the intro-
duction of episcopacy in the Scottish Church, he was un-
desirous of openly breaking with the Presbyterians, and
hence was careful to conceal that his sons were actually in
arms for their discomfiture.
As the author of the " Rehearsal " conceals his name, and
is known only as " a friend of Doctor Alexander's," it would
seem that, like the Earl of Stirling, he had avoided giving
offence to either of the ecclesiastical parties. Like the Earl,
too, he was a keen partisan of royalty, and a secret upholder
of prelatic worship. Not improbably Doctor Alexander was
himself the chronicler.
By Canon Hay, or a former transcriber of the MS., the
writer is described as having " collected " his facts, but the
chronicler himself intimates, with reference to certain occur-
rences in the year 1638, that he was " both ane eye and ear
* Burgh Records of Stirling.
t Henry and John, the third and fourth sons of Lord Stirling. His two,
elder sons, William Lord Alexander and Sir Antony Alexander, died
prior to Lord Aboyne's cruise ; the latter on the- I7th September, 16374,
and the former on the i8th May, 1638.
358 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
witnes to them." This declaration should, we think, extend
to all the events set forth as occurring at Aberdeen from
1638 to 1640.
In estimating the narrative historically, it must be borne in
mind that the chronicler is an acknowledged partisan — one
who entertained a strong hostility towards those whose
doings he is at pains to record. Of the chroniclers of the
period, the majority espouse the opposite side, and it is well
that both parties should be heard. The utterances of bigotry
help in determining the spirit and character of an age.
During the sixteenth century Scottish ecclesiastics and others
inveighed fiercely at each other.
Though concealing his identity, the author of the " Re-
hearsal " had evidently intended a publication, for he addresses
himself to " the reader." But he did not intend to mislead by
any affected neutrality. Referring to two eclipses of the sun
and two of the moon which took place in 1639, he adds,
" The fifth eclipse was that of the glory and liberty of Scot-
land by the overflowing flood of the Covenant." He affirms
that the Parliament of 1639 decreed that its military leader,
Major-General Monro, should plant the Covenant with an
army composed of "adulterers, drunkards, and thieves," to be
nominated by the parochial clergy, and that the General
Assembly of the same year resolved to imprison the persons
and wreck the houses of all bishops who did not conform.
Notwithstanding these and other extravagances, the " Re-
hearsal " forms a record not without considerable value to the
annalist and the historian.
A LITLE YET TRUE REHEARSALL OF SEVERALL PASSAGES
OF AFFAIRS, COLLECTED BY A FRIEND OF DOCTOR
ALEXANDER'S, AT ABERDEEN.
In the year of God 1635 there was no matter of great im-
portance that did fall out except the death of Patrick Forbes,
Bishop of Aberdeen, the 28th March, who had a great buriall.
In his tyme printing first begane in Aberdein, the bridges of
REHEARSAL OF EVENTS. 359
Dee and Don were repaired, the two colledges were amplified,
the bulhvork fortified, all the streets calsied, the Tolbooth
steiple built, the back house built, the great bell refounded,
twelve cannons brought home to the castell hill, the great
calsie mouth taken up and calsied new, the Trinitie Hospitall
builded be the crafts and their patron, Mr. William Guild —
Sir Paule Meinzies being provost at this tyme. In this year,
about the beginning of January, ther came on ane great
storme of snowe, and did continue till the midst of Lentron,*
for vpon the seavinth day of March people wes crosseing the
river of Dee upon the ice. This winter the most pairt of the
sheep of Scotland died by reason of the great storme of snow.
In the year 1636 many things did fall out. But yl year y1"
were seaven ships and barks caried out of the harbour to the
sea, and all were lost, amongst whom yr was a ship full of
souldiers. This fell out at the tyme of Cowan fair in October.
ThePuritanes this year, who afterward wes called Covenanters,
had some quiet meittings.
In the year 1637 there is not any thing remarkable worthy
of the speaking except those Puritanes who were sitting in
some quiet places at their meitting about the matter of the
Covenant [which] in tyme and place shall be set down. In
the year 1638 ther is much to be wrytten and farr more
spoken, for this year the Covenant was subscryved at Edinr,
to the great mischeife of all Scotland, England, and also
Ireland. The ringleaders were the Earle of Argyle, the
Earle of Rothes, the Earle of Montrose, the Lord Loudon,
the Earl of Louthian, Sir George Stirling of Keir, Sir Wm.
Douglas of Cavers, Sir Henry Wood of Bonnytoun, John
Smith, the Provost of Edinr, Mr. Robert Barcklay, Provost of
Irvine ; Mr. Alexr. Henderson, Mr. David Dickson, Mr.
Andrew Cant, Mr. Robert Douglas, Mr. Andrew Ramsay,
Mr. Rollock, with many more of the nobilitie, barrons and
ministers and burgers of evry citie. These men forsaid and
many more having subscryved the said Covenant, they broke
up the meitting, and every ane of them went to his own home
* Spring : the time of Lent.
360 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
to sie how many he could deceave with it, — for they rode and
ran throughout Scotland in such ane intyceing way that the
lyke wes never read of. For that year there came of that
Covenant, factiones to Aberdein, the Earle of Montrose (who
afterwards repented all that work), the Lord Arhuthnot, the
Laird of Morphie, the Laird of Dune,* with the Laird of Leyesrf*
and many other barrens and gentlemen, with Mr. Andrew Cant,
Mr. David Dickson, Master Alexr Henderson, ministers. These
men, because they could not get entress to our church to preach,
they went to the Earle of Marshall,! his close on the castle
gaite, and preached three sermons upon Sunday (about the
end of July), where they had such intyceing sermons for the
common people that after ages will not beleive it. I was
both ane eye and ear witnes to them, for at that tyme they
were so cryed up and dotted on that the laird of Leyes (vther-
wayes ane wyse man) did cary Mr. Andrew Cant his books ;
yet at that time there wes but very few that subscryved — but
only fourtein men. Their names are Provost Lesley, ane
ring leader, but afterwards he did repent it, as shall be declared
in tyme and place ; Alexander J affray, Alexander Burnet,
Andrew Burnet, elder, with some others, but not of great
qualitie, for at this time, good reader, thou shalt understand
that there were worthy preachers in Aberdein as Brittain could
afford. Ther names were Mr. Robert Barren, § Mr. James
Sibbald,|| Mr. Alexr Ross.H Mr. Wm. Guild** was lyke the
* John Erskine of Dun. f Sir Thomas Burnet of Leys, Baronet.
J William, seventh Earl Marischal.
§ Mr, Robert Barron, Professor of Divinity in Marischal College,
Aberdeen, and subsequently bishop-elect of Orkney.
|| Mr. James Sibbald, one of the ministers of Aberdeen, was deposed
by the General Assembly, for preaching Arminianism and refusing to
subscribe the Covenant.
Tf Mr. Alexander Ross was minister of the third charge of Aberdeen ;
he eagerly opposed subscription to the Covenant, and corresponded on
the subject with Archbishop Laud.
** Mr. William Guild, minister of the second charge, Aberdeen, sub-
scribed the Covenant with limitations. He became Principal of King's
College, Aberdeen, in 1640.
REHEARSAL OF EVENTS. 361
weather cock. He did returne at the first sermon that ever
he heard of the Covenant. Lykewyse in Old Aberdein ther
wes Mr. John Forbes,* laird of Corse, a man of singular good
life, and Mr. Alexr Scroggie.f Thir men forsaid had many
disputs with the Covenanters, for they wrote amongst others,
to witt, thes plyes, replyes, duplyes, triplyes, and quadruplyes.J
But in all thes disputs the Covenanters came so short to the
ministers of Aberdein, as ane gramarier § to a divyne.
After this they went through all the north with thir barrens
afoirsaid, and many more that joyned with them, through
Murray, Ross, Sutherland, and Caithnes, making the people
beleive that the king was to bring in poperie and the mass,
and that the king wes to take the kirklands or abbacie || land
from them that had them in heretage, quhilk were all manifest
lyes. — This year these new Covenanters did nothing but
persuade the people to subscryve that Covenant. About the
end of August the king sent the Covenant that wes sub-
scryved, in his father King James' tyme, in the year 1580,
1581, to the Marquis of Huntly, when he came to Aberdein,
and caused it to be read publictlie at the cross, and many
noblemen and barrens and people of all ranks subscryved
it. Ther came at that tyme the Lord Frazer, the Lord
Forbes, the Lord Crichton, with ane number of barrens of
the Covenant syde, and took protestation against the king's
* John Forbes, D.D., was some time Professor of Divinity in King's
College ; he was afterwards minister of Greyfriars Church, Aberdeen.
f Mr. Alexander Scrogie, minister of Old Machar, vigorously opposed
the Covenant, and on this account was deposed by the General Assembly
in 1640. He afterwards offered to subscribe it.
J To the " Replys and Duplies," against the Covenant, Mr. James
Sibbald, of Aberdein, was a prominent contributor.
§ A teacher of grammar or schoolmaster.
|| By the counsel of Sir John Scott, director of the chancery, Charles I.
contemplated, early in his reign, to assume possession of the church lands
in Scotland, in virtue of his prerogative. The proposal producing much
discontent, was departed from ; but the holders of church lands ceased to
entertain any confidence in the throne, a circumstance which naturally
tended to the general acceptance of the Covenant and the downfall of the
monarch.
862 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
covenant, for after this matters did ly very calme till the nixt
year, except their ploting against the king and his pairtie.
This year wes ane very dry year, for about the end of
August all the cornes in Scotland were within the yeards.
In the year 1639 thes Covenanters forsaid in the beginning
of the year, rinding that the conspiracie was drawen up (I
should have said drawen out), begane to hold their meittings,
which at that time were called Comitties, did raise horsemen
and footmen throughout all the north, south, and west
countries, for at this tyme there wes ane called Generall
Lesley, of obscure birth ane bastard,* being brought up
in the King of Sweden's armie in Germany ; ane other
called David Lesly, son to the Lord Lindores. Thir men
being for the Covenant, took the guiding of the army that
wes raised in Scotland, and led their army through all
Scotland, forceing men to subscryve, so at length they
came to Aberdein accompanyed with the shyres that did
ly nearest the north : to witt, the shyres of Stirling,
Clackmanan, Perth, Fyfe, Angus, Mearnes, and all their
associates in the north, about the number of ten thousand
men. (This winter was the fairest that was in Scotland this
many years.) This army came to the Bridge of Dee in the
midst of March, and set ther camp on the Tulloch hill the
first night ; on the morrow they led their army through
Aberdein in such a grandour — that wes admirable bot for no
other purpose bot to terrific the inhabitants therof, and then
went to the links where the Earle of Marshall Forbes, Frazer,
Crichton, and all the northern barrons mett there with their
forces of horse and foot. And all thes men came for no other
purpose or intention bot to plunder Aberdein becaus they
wold not goe on in the wars of the Covenant with them.
After this they marched to Kintoir to sie if they could take
the Marquis of Huntlie, who was lying at Inverury with a
small pairty for the king. But the Marquis of Huntlie not
* General Alexander Leslie, latterly Earl of Leven, was not of illegi-
timate birth. He was son of Captain George Leslie of Balgonie, by his
wife Anne, daughter of Stewart of Ballechun.
REHEARSAL OF EVENTS. 363
having order from the king to fight with them, nor of himselfe
desyreous of blood, did parlie with Generall Lesley, and after
dismissed his forces. But Lesley not keeping condition to
the said Marquis, sent him to Edinburgh, where he was put
in the castle, and remained till Junij that the king came to
Berwick and pacified the troubles in Scotland for that year
(as after shall be declared in its own tyme and place). When
the army went to Kintoir, as wes befoir declared, there wes
two thousand of their best men brought into Aberdein upon
frie quarter and to cast in our ditches, for in the begining of
this year there was one Collonell Wm Johnstoun, son to
Robert Johnstoun, Laird of Crimon,* who wes weill ex-
perienced in warlike affairs, being born in Aberdein, and
fearing the danger and thinking to have gotten supplie from
the king out of England, did draw ane ditch about the toun.
The spring tyme being very fair, the people of Aberdein was
so willing that within twentie dayes they did cast out all the
ditches. This two thousand men forsaid forced the tounes
people to cast them all in againe. At this tyme many of the
speciall men of Aberdeen left it and went to Holland, and
for England, and some of our ministers, specially Mr. Robert
Barren, who dyed at Berwick.
All this tyme Argyle brought doun all his lairds and out-
laws out of his Africa to Aberdein, who were the first
plunderers in Scotland. The Libians in Africa were not so
savage as they in all things they took but especiallie iron
work, for indeid afterwards they gott their fill at Inverlochie
(as sail be declared in its own tyme). When Generall
Lesley and his army had over-rune all the north of Scotland
because they wold not joyne in the Covenant with them, they
returned to the south againe loaded with spoyle and plunder,
especiallie the Dundie men, who wes so furiously set against
Aberdein, that if they had gotten way they thought it good
service to have killed every creature in it. But, thanks be to
God, they were disappointed, for the drink they had brewin
* Robert Johnstone, of Crimond, was Provost of Aberdeen (" Gordon's
Scots Affairs," ii., 257).
364 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
for Aberdein, they did drink of it themselves, as hereafter
shall be declared. Generall Lesley having dismissed his
northland army, he raised all Scotland beyond the Forth
river from east to west, and marched to Dunselaw, and there
set doun his camp and lay waiting the king's coming from
England, being about the number of 30,000 men. They were
so furiously set for the Covenant that every man ran willingly
of his own accord.
The king all this tyme marching with his army at length
came to Berwick in Junij, not to enter in blood bot to sie if
he could get matters settled in a calme way. But nothing
could work with the Scots except they gott all their will,
quhich in end they gott. The king seing nothing wold move
them to peace, he drew out his forces to the feild, quhilk wold
have bein about 20,000 weill furnished men, for first he put
furth the Earle of Holland, they [took the] way to Kelso with
4,000 horsemen to cross the river and come doun to try the
Scots. But he not being honest, or ane coward, was resisted
be Collonell Monro, who had with him 1,200 footmen, being
set at the back of ane long dyke and gave him ane volley of
shot* befoir he came within halfe ane myle, turned his horse
head againe and came back to the king to the army, and
reported that east and west of Scotland wes full of men.
This strucke such ane fear in the hearts of the king's army
that within ane night or two, many of them stole away, so
the king seing nothing to content the Scots bot blood, or
them to have their wills, commissioners wes set out on both
sydes. But nothing to the purpose quhilk wes upon the 18
of Junij. So at length the king gave them all their desyre and
dismissed his army, and the Scots returned to their severall
dwellings. In this meane tyme, when the king wes at
Berwick, the Marquis of Hamilton wes put forth to the sea
with ane fleit of ships and 10,000 men weill appointed to land
in Fyfe. But he, delaying the tyme to sie what the king
wold doe, landit not his men, but keeped them in the ships
* This " volley," in connection with the affair of Dunse Law, is omitted
by contemporary chroniclers.
REHEARSAL OF EVENTS. 365
untill many wes sick and some dyed. Ther wes at that tyme
sundrie noblemen and officers of Scots men, who being grieved
at the Marquis of Hamiltoun, that wold not land his men nor
act any thing, and they being suspicious he not being honest
in the king's business, left him and came to the Road of
Aberdein with three war ships. And they rode there till they
saw occasion to land, as after shall be declared. The names
of these were James Gordon, Lord of Aboyne, second son to
the Marquis of Huntly, the Earle of Glencairne, two sons of
the Earle of Strivling, the lord of Tillibairne, with two sons
of the laird of Drums, elder and younger, the laird of Federet,
and many of Aberdein's men, who had fled away in March.
Among whom wes William Cuthbert and Collonell Gune, ane
Stranaver man borne,* Captaine Nathaniell Gordon, two
Captaines James Gordon, one of them called Tineleg, loseing
his leg in England, with some ministers who afterwards
turned vehement for the Covenant. Now we returne to our
affairs in the north cuntry. After that Generall Lesley had
broken condition to the Marquis of Huntley and carried him
prisoner to Edinburgh, the rest of the northland Covenanters
did begine to insult the king's pairtie, that in some quiet
places remained behind Huntley. The leader of the Cove-
nant faction was the Earle of Marshal ; how being he wes
long in puting his hand to it, yet he turned more cruell than
any who was in at the begining. The lord Eraser, the lord
Crichtoun, the lord Forbes, the laird of Towie, the laird of
Delgettie, the laird of Cragivar (that famous oppressor), —
they, I say, with all their followers, but especiallie the Buchan
men, with the laird of Ludquharne, did convein at the toun of
Turreffe, and thinking to goe through the land as Generall
* Colonel Gun was son of John Gun Robson, and was a kinsman of
the Earl of Sutherland ; he was born at Westergarthie in Sutherland.
In 1639 he was knighted at Berwick by Charles I., and was subsequently
appointed a gentleman of the king's bedchamber. He early attained
distinction in the German wars, and having returned to Germany, was
promoted as major-general and constituted a baron of the empire.—
Gordon's " Scots Affairs," ii., 266, note.
366 TRANSACTIONS OF THE TROYAL HISTORICAL SOCIETY.
Lesley did, was surprysed by ane pairtie of the king's. The
leaders therof being the lairds of Bamfe, Haddo, Gight, Park,
Collonell Johnstoun, with diverse others, came to the toun of
Turreffe be the break of day, and having beset the toun
befoir they were aware of, gave the Covenanters a charge,
who all fled without stroak of sword.* This was about the
begining of May. The most pairt of all the comons of
Buchan did cast their armes from them, yet many being
taken with little blood, were sent to their homes, being
sworne not to ryse in that cause againe. But never one word
performed when occasion offered, because the ministers gave
them a pardon for all others against the Covenant. After this
the king's pairtie did convein more forces ; then they marched
towards Inverurie, and came to Aberdein, and resting there
two dayes, they marched southward. The shyres of Mearnes
and Angus, not able to encounter them, agreed upon thes
termes, that the king's pairtie should march to their dwellings,
and the Covenant pairtie swear not to come north againe.
But never ane word keeped ; for as soon as the king's pairtie
was dismissed the other pairtie conveined. To witt, the
Covenanters from all quarters of the countrie, and came to
Aberdein, about 6,000 men, the Earle of Montrose being the
Generall, accompanyed with the Earle of Marshal, the Lord
Fraser, and all the noblemen and gentlemen and comons in
Angus and Stormond. The Earle of Athole and all his men,
with all the power of the Covenanters of the north, and being
in Aberdein alwayes upon frie quarters, did put in all their
horse amongst the young bear and destroyed it all, and
marching from Aberdein they went to Gight, and laid seige
to the house, but prevailed nothing against it, for in the mean
tyme there came from the Marquis of Hamiltoun the men
befoir spoken of, to witt, Glencairne, the Lord of Aboyne, the
Lord of Tillibairne,and the rest of the foir-named persons. They,
I say, coming to the road of Aberdein with two ships of war
* This is a very imperfect account of the affair of Turriff. See
Gordon's " Scots Affairs," 256 — 259, and Spalding's " Memorials," ed.
1829, p. 112.
REHEARSAL OF EVENTS. 367
and a Collonel, did strick such ane fear and terror in the
hearts of the Covenanters that they all forsook the Castle of
Gight and marched back to Aberdein within three days,
leaving nothing behind them but the dolefull-spectacle of their
plundering foresaid. The Athole men, hearing of the king's
ships comeing to Aberdein, marched home the nearest way
through the countrie, for the most part of them was for the
king in their hearts. The rest of Montrose's army comeing to
Aberdein rested one night, but on the morrow they were
stroak with such a panick in their hearts that they fled south
without any kind of order, for the Earle of Montrose's colores
wes sein caryed out at .Provost Jaffrey's, his back yeat, without
a man to guard them. After their departure, the Lord of
Aboyne, with the rest of the noblemen and captaines and
gentlemen landit, and went to Straboggie, his father's dwelling,
and there met with his friends and others, who were for the
king, and did raise all the power they could, seing the fruit of
the Covenant did repent and joyne with the king's pairtie,
and marched to Aberdein, where the toun joyned to them 300
of the gallantest young men in the citie. They might have
raised many more, bot many had turned to the Covenant.
The lord of Aboyne being generall, had his rendezvous at
Muthill in the Mearnes, at the laird of Leye's castell, being
about 6,000 men. and from thence marched to Megrahill
above the toun of Cowie. And there the army being drawn
up in battell array, Collonel Gune being commander of the
foot, and Collonel Johnstoun of the horse, this Collonel Gune,
being a traitor, led the foot army befoir the face of the
enemie's cannon, the enemy being camped in Stonhyve, and
having with them twelve feild pieces and tuo cartows, their
bullets weying thirty-two pounds weight. These cartows bullets
lighted among the Lord Aboyne's highland men, and they
not being accustomed with the noyse of the canons, retired
back. By no means could they be got into any order againe,
bot all went home with the countrie cattell and sheep, for it
is their custome to spoyll when they goe home from battell.
The Lord of Aboyne with the rest of his army retired back
368 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
to Aberdein, where all the Strathbogie foot men went home
and there remained nor wald move — but a few barrens and
gentlemen, who were horsemen. This shameful runing away
at Megrahill* was upon the 15 day of Junij. The Covenant
pairty of the south seing them rune away without any skaith
receavit, took such courage and came to the Bridge of Dee
upon Tuesday thereafter, the 18 day of Junij, being in
number about 4,000 men. The toun of Aberdein, seing
themselves left of all the king's pairtie, except the Lord of
Aboyne and some few horsemen, and knowing the hatred
the Covenanters had to them, the citie went to the said
Bridge of Dee very couragiously, about 500 men, Collonell
Johnstoun, their commander, with two little feild pieces, and
having gotten possession of the bridge, withstood the Cove-
nanters, who had ther fourteen cannons, and defended the
said bridge most stoutlie untill, unfortunatly, Collonell
Johnstoun receaved ane great stroak with the cannon bullet
on the knee, who, not being able to stand, was forced to retire
himselfe from the bridge, and Nathaniell Gordon entred his
place, and acted his pairt worthilie, while in the end Aberdein's
men being few in number and the other pairty many, and
strong by reason of their great cannon and the loss of Collonell
Johnstoun, and ane unhappie bullet coming from one of the
cartows killed the Laird of Pitmedden,f the rest of the horse-
men being terrified hereat fled, being still suspicious of
Collonell Gun, he drawing up the horsmen still in the face of
the enemy. They had intelligence what they were, and seing
to be but few, gave such an assault to the bridge, that they
wan it, John Midletoun being their captaine, for this was the
first exployt that ever he did.J The bridge being wone,
every man made releife for himselfe as he could doe best.
* For a detailed account of the skirmish at Meagre, near Stonehaven,
see Gordon's " Scots Affairs," ii., 272 — 4.
f John Seton of Pitmedden.
J John Middleton afterwards deserted the popular cause, and attached
himself to the king's party, when he was created Earl of Middleton. On
account of malversation, he was latterly deprived of his public offices.
REHEARSAL OF EVENTS. 369
Upon the Covenant syde ther were divers killed, whom they
buried in the mosses beyond the bridge, among the rest
Mr. Andrew Ramsay,* brother to the Laird of Bomaine
[Balmain]. On the king's syde ther was but few killed,
but divers hurt and wounded. The Covenant pairtie, after
the bridge was wone, marched directlie to Aberdein, the
people being afraied the most pairt fled, Montrose and
Marshal being possest of the toun. Be Marshal, his perswasion
was myndful to have plundered it, and then to have set it on
fire. But Montrose, being a nobler spirit, wold in no terms let
burne it, bot both was willing to have plundered it if tyme
had served, for the day being far spent and drawing toward
night, they quited the toun that night and marched to the
links. And in the morning the noblemen and barons and
lairds and leaders [intended] to have fallen upon the best
houses and then given all the rest of the spoyle to the
souldiers. But the Almighty God, ordering all things as it
pleaseth Him, did change the course another way, for upon
the morrow about two hours there came to the road one John
Straquhan.f with orders from the king that they should cease
from that cruell persute of theirs against his pairtie in the
north. Lykewayes did show the aggriement betwixt the
king and the Covenanters at Dunselaw. This army at Aber-
dein, seing themselves dissapoynted of their intention, forced
the toun to give them 10,000 merks Scots to fill their purses. £
Ther was at this tyme in the Covenant army one William
Erskine, brother to the laird of Pittodrie, one of the cruellest
oppressors that ever was read of, especiallie against Aberdein's
* According to Mr. James Gordon, Captain Andrew Ramsay was killed
by John Gordon, of Inshstomock, "with a marked shot."— Gordon's
" Scots Affairs," ii., 279.
f John Strachan, son of a sea-captain at Aberdein, was an officer in
the Royal Navy ; he zealously attached himself to the royal cause. He
was employed by the king in several important services both on sea and
land.— Spalding's Memorials, passim.
I By Mr. James Gordon the skirmish at the Bridge of Dee is circum.
stantially described.—" Scots Affairs," ii., 276 — 283.
B B
370 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
men ; but God, who takes a course with such men, did so
with this man, for Mr. Andrew Ramsay forsaid, being brought
to Aberdein, was buried upon the morrow after the wining of
the bridge. The church yaird being set full of musqueteirs to
shoot when he was to be interred, a bullet sent be God did
knock out this Erskine's brains, and this was the end of that
cruell oppressor.* The army for the Covenant marching
home left nothing be the way, but as a speat did cary all with
them. This wes the planting of the Covenant that year in
Scotland.
This year, Feberwarij, the Marquis of Huntley had a meit-
ting of all the men that was for the king in the north. About
5,000 gallant horsmen did march to the toun of Turreffe, for
at this tyme the Earle of Montros, with ane pairtie of the
Covenant, was in that toun, but Huntley, not having orders
from the king, dismissed that pairtie, not acting any thing
worth the speaking of. This year the Covenanters . having
departed home from Dunselaw, and the king returning to
London with sundrie noblemen of Scotland, who had bein
prisoners in Edinburgh, did begin to hold their committies in
divers places concerning the propagating of the Covenant.
They ordained ane General Assemblie of the Kirk to be
holden at Glasgow in August. The Assemblie being con-
veined, it was ordained that all bishops within the kingdome
of Scotland that wold not quit their charges should be
summarly excommunicat, and then to be apprehendit and put
in prison, and their dwellings to be plundered and casten doun.
In this Assembly it was ordained that if ane kirkman did
speak any thing against their proceidings he should be
summarly excommunicat before his own face. This wes the
affairs of Scotland this year. — In this year there wes four
eclipses, two of the sun and two of the moon. The fifth
eclipse was the glory and liberty of our kingdom of Scotland,
by the overflowing flood of the Covenant. In the end of this
* William Erskine was unpopular, and was no doubt shot by an
enemy. William Anderson, a goldsmith, was charged with his murder,
but was acquitted. — Gordon's " Scots Affairs," ii., 282.
REHEARSAL OF EVENTS. 371
year the Committee of Estates did hold their meitting at
Edinburgh, where they did choose Mr. Robert Monro, ane
Ross man, borne to be comander of ane partie, and gave him
the styll of Major-Generall,* and to list ane regiment of men,
to witt, sex or eight out of every parish, and thes wes
adulterers, furnicators, theives, murderers, drunkards, Sabbath-
breakers, who were given up be the minister of every parish,
and these were to plant the Covenant through Scotland.
1640. — In the beginning of this year the forsaid Covenanters,
having all things under their feet, did hold their comittees
without any interuptione, and did sett this Major-Generall
Monro in great pomp, and he, thinking no less of himselfe,
did hold his rendezvous about Haddingtoun, Edinburgh, and
Glasgow, and some other places where the ministers and the
heritors of the parishes did bring or send the foirnamed
persons, and being conveined to the generall rendezvous at
Musselburgh, did march towards the north, and at length
came to Aberdein in the end of the month of May, and there
did quarter his men, being about 800. There they did remaine
till the end of Junij ; until grass and corn were grown up in
the end of Junij ; he plundered Aberdein of all the armes
that wes within it, forcing every man to swear what he had,
and then taking a number of Aberdein men with him he came
to the laird of Drums Castell, and there did lay ane seidge to
it His own tennants defendit the castell stoutly for three or
four dayes ; bot in the end they were forced to surrender and
leave all their armes behind them, and Monro did put in ane
garrison therein.! After that returning to Aberdein, resting
his men some few dayes, he upon ane Sunday at night drew
* Colonel Robert Monro was a distinguished officer in the army of
Gustavus Adolphus. Recalled by Charles I., he espoused the cause of
the Covenanters, and accepted a command on their behalf. He after-
wards held an important command in Ireland. His " Expedition " in
Sweden, a folio volume published in 1657, suggested to Sir Walter Scott
the character of Dugald Dalgetty.
f The siege of Drum Castle, the residence of Sir Alexander Irvine, is
described by Mr. James Gordon more circumstantially. Sir Alexander
Irvine was absent at the time of the siege. — " Scots Affairs," iii,, 197.
372 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
orth his whole men out of the toun, and took all the poor
abourers' horses, went to Strathbogie and Enzie, and to
Auchindoun, and plundered all that land, except such as fled
or escaped to the highlands or hifls. Nevertheless he did fyne
all the free holders and woodsetters of the name of Gordon,
and others, who had been for the king the year befoir. After
this he crossed the river of Spey to Spynie, the Bishop of
Murray, his residence,* and deceaving the porter, got entrance,
when he took the bishop and all his treasure, and carried him
south, prisoner. After the taking of the bishop, he went to
Ross, his own countrie. His friends gave him 200 High-
landers to help to plant the Covenant, and then returning
southward he came to Banffe, where he set his camp in the
midst of the Earle of Airlie, his corns, and destroyed them all,
and did cast doun the lord of Banffe's palace.f Good reader,
all this tyme he was accompanyed with the Forbess, Frazers,
the Lord Crichton, the Earl of Marshal, and all his friends,
and all the Covenanters of the north. After he had waisted
all the Earle of Airlie's and the Lord of Banffe's lands, he
marched south and came to Aberdein, and there remained
untill he forced the merchants to give him so many elns J of
lining and small hardin as wold be shirts for his souldiers, not
paying any thing for it, except the publics bond. Thus, when
he had exacted so great soumes of money from these barrons
and frie holders that had been for the king, and disarmed all
* Spynie Castle was the official residence of Mr. John Guthrie, Bishop
of Moray, who had declined to obey the sentence of the General Assembly
of 1638, depriving him of office. His expulsion from Spynie Castle by
Major-General Monro, at the instance of the Church, took place on the
1 6th July, 1640; he was subsequently imprisoned at Edinburgh. He
latterly purchased the estate of Guthrie, in the county of Forfar. — " Fasti.
Eccl., Scot," iii., 451.
t The owner of Banff Palace was Sir George Ogilvy. Mr. James
Gordon presents a circumstantial account of Monro's defacement of the
palace, and of the beautiful gardens attached to it. According to Gordon,
Charles I., in 1641, presented to Sir George Ogilvie 10,000 marks to
repair his loss. — " History of Scots Affairs," iii., 253.
REHEARSAL OF EVENTS. 373
Aberdein, he marched south, and came to the Merse, where
he quartered all that winter. This was Collonell Monro, his
doings all that year in the north. — The ministers this year, in
the end of July, did hold a General Assemblie in Aberdein
within the Greyfrier Kirk. Mr. Andrew Ramsay, minister of
Edinburgh, being chosen Moderator, did depose the ministers
of New and Old Aberdein, worthie learned men as wes in the
isle of Brittaine, men of good lyfe, because they wold not goe
in that furie of the Covenant. Ther names were Mr. James
Sibbald, Mr. Alexander Scrogie,* Mr. John Forbes, laird of
Corse, Professor of Divinity in Old Aberdein, with many
ministers in the countrie. There wes given in that Assemblie
great complaints against the Laird of Leckie, in Striveling-
shire, for keeping his night meittings, called at that tyme the
Familie of Love,f because there wes foull pranks played at it
amongst young men and young women. Ther wes orders
given out at this Assemblie to excommunicate every man,
both kirk men and laiks, who wold not subscribe the Covenant
and that sumarlie. It was ordained lykewayes that the bishops
dwelling in Old Aberdein should be plundered and casten
doun, quhilk was performed shortly be the Lord Forbes and
his friends. Nevertheless the Bishop at that tyme called Mr.
Adam Ballantine, ane aged man and of ane good lyfe, being
halfe brother to the Lord Forbes be the mother ; they who
should have bein his friends were the men did first put hand
on him, and seized on all his house and plenishing. Escaping
himselfe, he lived quietlie in ane husbandman's house in the
Boyne, untill Monro and his souldiers wes gone south,
and then the poor Bishop went to England, where he
* See supra.
t These nocturnal meetings for devotional exercises were conducted
in Stirlingshire, and throughout the west of Scotland. Certain irregu^
larities connected with them were reported to the General Assembly by
Mr. Henry Guthrie, minister of Stirling, and it was ordered that the
meetings should cease. The promoters were chiefly remarkable for their
opposition to set forms of prayer. — Gordon's " Scots Affairs," iii., 222+
223.
374 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
died.* The ministers who were for the Covenant did then cry
out that he that wold not come into that blessed work of
Reformation was assuredly damned in hell. This was the
affairs of the kirk that year.
In the month of Junij the Estates of Scotland, so called for
the tyme, did raise ane levie of men throughout all Scotland,
the fourth man to goe to England against the king ; neverthe-
less he giving them all contentment. The year befoir old
Lesley being chosen their Generall, David Lesley his Lieue-
tennant Generall, the Earl of Callander and the Lieuetennent
Generall, Sir James Lumsden Major Generall, with many
nobles and barons of Scotland, did meit at Kelso, or near by
and marched forward to England, and many ministers with
them crying for fighting untill they came to Newburne,^
where the king had a pairtie lying. The king's pairtie, not
suspecting the Scots army to have come so soon, was surprised,
and diverse killed and many taken prisoners, among whom
the lord Digbie.
OBSERVATIONS IN THE YEAR 1644.
In the beginning of this year the Marquis of Huntley did
convein the pairtie that was for the king in the north, and in
the month of March came to Aberdein with all his friends of
the name of Gordon (I mean the Gordons of the north). As
for the Gordons in Galloway,! they were upon the Covenant
* Adam Bellenden, Bishop of Aberdeen, was a correspondent of Arch-
bishop Laud ; he was excommunicated by the General Assembly of 1638,
and left Aberdeen in March, 1639. In 1641, he received a pension of
;£ioo from Charles I., and in 1642 was, under a different name, instituted
rector of Portlock, Somersetshire. He died in 1647. — " Fasti Eccl. Scot.,"
iii., 885.
+ Newburn is situated five miles to the north-west of Newcastle. At
the battle fought here in August, 1640, the Scottish Parliamentary army,
under Major-General Leslie, defeated the king's forces under command of
Lord Con way.
J Alexander Gordon, of Earlston, in Galloway, strenuously opposed
in Parliament the measures of Charles I. for the establishment of episco-
pacy in Scotland ; he was fined 500 marks for not conforming to the
liturgy. He died in 1653.
REHEARSAL OF EVENTS. 375
syde. And there the Marquis of Huntley did ly in Aberdein
till near the end of Appryll, desyreing the rest of the countrie
to ryse and joyne with him. But they being blinded in the
great work of the Covenant, wold not rise nor joyne with him,
for at this tyme the Covenant wes so much respected that he
might have spoken as weill against the scripture as against it.
In the moneth of Apryll the Estates of Parliament (as they
were called then) did raise ane great army in the south, the
Marquis of Argyle being their Generall, with the Lord Burley
'the Earle of Lothian and ane regiment of men that came out
of Falkland, who at that time were called Louthian Kers regi-
ment and marching towards the north. The first salutation they
gave they spoyled the Laird of Drum's hous,* with all his
lands and tenements, religion being the cloak of all — for at
this tyme the Laird of Drum younger had married ane
daughter of the Marquis of Huntley's, being the Marquis of
Argyle's sister's daughter, yet for all that nothing could con-
tent him bot he wold plunder, in caice that he wold not sub-
scryve the Covenant. But Christ gave never his disciples
such order to plant religion with pick and musquet. After
this, in the beginning of May, Argyle came to Aberdein,
where all his forces did meit — to witt, the Fyffemen, Perth,
Angus, and Mearnes men, and there he did hold his Comittees,
and called in all the gentry and free holders of the north, and
made them pay soundly for their standing out against the
Covenant and the Estates, and for rysing with the Marquis of
Huntley in the king's cause, and get caution they should not
doe the lyke in tymes to come. Now all this tyme, good
reader, thou shall understand that that Covenant, or rather
the men for the Covenant, did alwayes quarter frie upon
Aberdein, for the most part of Aberdein at this tyme wes
against the Covenant, and were called Anti-Covenanters.
Having ended their comittees upon Aberdein expenses, they
* Sir Alexander Irvine, of Drum, was absent on the occasion of
Argyle's hostile visit. Having permitted his wife and the household to
withdraw, Argyle ordered the mansion to be wrecked, which was effected
by Irish soldiers.— Spalding's " Troubles," ed. 1829, 406.
376 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
marched north to Kellie in Buchan, the Laird of Haddo, Sir
John Gordon, his dwelling, who at this tyme was keeping out
his hous. Argyle and his forces laying ane seige to the
castle, it was stoutly defendit. In the end they came to ane
parley ; the conditions wes that he should not ryse against
the Covenant. The man being of ane stout spirit came out
be perswasion of the Earle of Marshal, and some of the name
of Forbes, his near kinsmen, was deceitfully betrayed, against
all reason, and being taken prisoner after he had rendered, he
was disarmed, and all his men, who with the most pairt of the
specialls was conveyed to Aberdein with ane guard, and from
thence to Edinburgh, where, in the month of Junij, this Sir
John Gordon of Haddo, with ane Maxwell, Provost of
Dumfreiss, for giving quartering to ane pairtie of Englishmen
that was for the king, were both beheaded.* Our ministers at
this tyme were Mr. Andrew Cant-f- and Mr. John Row,:}: who
did still cry for blood and scaffold work. The Marquis of
Huntley in the month of Apryll, as was befoir declared, lifted
his small army when he went the length of Rothiemay,§ and
dismissed them ; and he being so hardly persewed, was forced
* Sir John Gordon capitulated unconditionally to the Marquis of
Argyle on the 8th May, 1644. He was some time imprisoned in the
western portion of St. Giles cathedral, Edinburgh, and on the igth
July was beheaded with the instrument called " the Maiden."
t Mr. Andrew Cant was translated from Newbattle to Aberdeen in
1641. A zealous upholder of the Covenant, he energetically resisted
those who were opposed to it. He incurred much personal hostility
through a natural warmth of temper, which he was not careful to sup-
press. From his alleged insincerity, or whining manner, the term cant is
said to be derived. He died in 1663. — " Fasti Eccl. Scot.," iii.. 463.
+ A learned divine, Mr. John Row, was successively schoolmaster of
Kirkcaldy and master of the grammar school at Perth. In 1641 he was
appointed one of the ministers of Aberdeen. Keenly attaching himself
to the cause of the Covenanters, he incurred considerable odium, and
was obliged to seek temporary refuge in the castle of Dunnottar. He
subsequently joined the Independents. Latterly he became principal of
King's College, Aberdeen ; he died about the year] 1672. — Fasti Eccl.
Scot., iii., 471.
§ A parish in the county of Banff.
REHEARSAL OF EVENTS. 377
to take the sea in a boat and flee to Stranaver,* where he re-
mained ane year and more. His eldest son at this time, who
was called George Lord Gordon, did not countenance his
father nor the king's pairtie, but withdrew himselfe out of his
father's way, and was thought to be for the Covenant, bot was
not for it, as shall be declared in tyme and place.f This year
the comittee men went through the countrie and made men
subscryve bands called the Blind Band,J bot especiallie those
that had bein for the king's pairtie. The exactors of these
moneys wes Wm Earl Marshal, and that famous man the laird
of Cragievar,§ with the Lord Burley, who was at that tyme
Governour of Aberdein || and of the north. The first of Sep-
tember, 1644, the battell of Tippermuir, fought betwixt the
Marquis of Montrose and the Covenanters, where Montrose
obtained the victorie, and killed of the Covenanters 1,500
men,U the most pairt of them being Fyfe men. The threteinth
of September, 1644, the battell of Aberdein, foughten betwixt
* Strath naver is a large and interesting valley in Sutherlandshire.
t When, in 1643, his father and his younger brother, Lord Aboyne,
stood out against the Covenant, Lord Gordon adhered to the Estates ; in
September, 1644, he joined Argyle, who was his mother's brother. He
subsequently deserted the Covenanters, and attached himself to Montrose.
He fell in the battle of Alford on the 2nd July, 1645.
£ " A band [bond] devised by the Estates, commonly called the Blind
Band, which every wealthy honest man within Edinburgh, or coming to
Edinburgh, were urged to subscribe, and ordained by the estates to be
subscribed through all Scotland, whereby ilk man was compelled to sub-
scribe the samen, obliging him to contribute to the good cause such a
certain sum of money equivalent to his estate, and to the contentment of
these persons, the presenters of the Blind Band, and no otherwise, at
such days and places as was therein contained.1' — Spalding's "History of
the Troubles," ed. 1829, p. 379.
§ Sir William Forbes, of Craigievar, was a vehement supporter of the
Covenanters ; but before his death he is said to have disapproved their
proceedings, and to have formed a resolution of espousing the royal
cause.
|| Lord Balfour of Burleigh.
^[ The success of Montrose in this engagement was complete, for he
vanquished his opponents without sustaining the loss of one man.
378 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
Montrose and the Covenanters, where Montrose obtained the
victory, and killed of the Covenanters 520 men, and an 180
of Aberdein men. The leaders of the Covenant army wes
the lord of Burley, Provost Lesley,* the Lord Fraser,t the
Master of Forbes,! Ludovick Gordon, son to the Marquis of
Huntley,§ the laird of Boyne,|| and the laird of Cragivar, that
famous man.
About the end of October, 1644, the Marquis of Argyle,
with the Earle of Louthian, came to Fyvie, and beleagured
Montrose within the wood thereof, where there wes divers
killed on Argyle's syde. Among these wes Alexander Keith,
brother to the Earle Marshal. After this Montrose went to
Strathbogie, and there wes diverse skirmishes. After that
Montrose marcht from Strathbogie and went to Auchendoun,
and from that to Badyenock, and from that to Atholl,
and from Atholl he went to Argyll, where he keeped his
winter quarters. Argyle seing he could get no advantage,
left off his persute and returned to the south, for Argyle had
at this tyme in his army 1,500 horsemen and 5,000 footmen,
besydes the countrie gentles where he marched through the
countrie.
The 2nd Feberwarij, 1645, the battle of Inverlochie, foughten
betuixt Montrose and Argyle, where Montrose obtained the
victory, and killed to Argyll about 1,600 men, among whom
wes the Laird of Auchinbreck, with many specialls of the
name of Campbell — Argyle all the tyme being sitting in ane
boat vpon the loch beholding the battell, where Thomas
Ogilvie, son to the Earle of Airlie, was killed on Montrose's
syde.
About the end of March, 1645, Colonell John Hurrie^f
* Sir Patrick Leslie, Provost of Aberdeen, was a zealous Covenanter.
t Andrew, second Lord Fraser.
J Alexander, Master of Forbes, afterwards tenth Lord Forbes.
§ Ludovick or Lewis Gordon, second son of the second Marquis of
Huntly, succeeded his father, in 1649, as third Marquis.
|| Ogilvie.
^ The actual name of this leader of the Covenanting army was Urrie ;
it was called Hurrie by a corruption.
REHEARSAL OF EVENTS. 379
surprized ane pairtie of Montrose's men lying in Aberdein,
where there wes but few slaine, but withall they spoylled the
toun, where they got entres and murdered ane gallant man
called Donald Ferquharson, of Menaltrie,thecheifeofthatclane.
The nynth of May, 1645, the battle of Auldern was foughten
betuixt the Marquis of Montrose and Colonel John Hurrie,
the Earle of Sutherland, the Earle of Seaforth, with all the
gentry of Ross and Murray, with Colonel Racket's regiment
of horse, Louthian Kers regiment of foot, the laird of Buchan's
regiment, with all the powers of Frasers, Rosses being about
8,000 men, Montrose pairtie not exceeding 3,000 men, where
there was ane great slaughter on Colonel Hurrie his pairtie,
and if the toun of Inverness had not bein fortified, few or
none had escaped.
On the 2d July, 1645, the battle of Alford was foughten
betuixt the Marquis of Montrose and General Major Baillie,*
when Baillie lost the battell with ane great slaughter. The
most pairt of the foot wes killed. Ther leader was brother
to the Earle of Ca'silis, ane man of huge stature, the Lord of
Balcarras being leader of the horse. On Montrose syde was
killed Lord George Gordon, eldest son to the Marquis of
Huntley, the Laird of Buchollie, the laird of Miltoune, of
Keith, with some others of good qualitie.
The 1 5th of August, 1645, the battell of Kilsyth, foughten
betuixt Montrose and all the nobilitie of the Covenanters,
where Montrose obtained the victory, the Covenanters being
about 12,000 men, but Montrose not exceiding 4,000 men.
The 1 3th day of September, 1645, the battell of Philiphaugh,
foughten betuixt Montrose and David Lesley, Livetennant-
General of the Scots Army in England, where he brought all
the horse and dragouns of the Scots Army, and defeated
Montrose. There wes gieat slaughter on both sydes, but
especially on Lesley his syde ; on Montrose side it wes after
his men had rendered in battell, Lesley did put them all to
the sword.
* General Major William Baillie was of the family of Baillie of
Lamington.
380
HISTORICAL NOTICES OF, AND DOCUMENTS
RELATING TO, THE MONASTERY OF
ST. ANTHONY AT LEITH.
BY THE REV. CHARLES ROGERS, LL.D.,
FELLOW OF THE ROYAL HISTORICAL SOCIETY.
THE patriarch of monks, St. Anthony, is one of the most
notable saints in the Romish calendar. He was born A.D.
251, at Coma, or Great Heracleopolis, in Upper Egypt. His
parents, who were Christians, kept him at home, fearing that
through bad example his manners might be tainted. When
he was under twenty his parents died, leaving him and an
only sister, as their inheritance, an estate, in extent equal to
a hundred and twenty British acres.* Imperfectly instructed
in sacred knowledge, Anthony was influenced by a strong
religious enthusiasm. Inducing his sister to concur with him,
he disposed of their inheritance, in the belief that he was thereby
fulfilling the divine command. The money which he received
for his land he distributed among the poor, and adopted the
life of an ascetic. He did not eat before sunset, and often
fasted for two and three days together. He subsisted on
bread,, salt and water, abstained from washing his body,
and clothed himself in a coarse shirt of hair.
For a time Anthony cherished monachism in his native
village ; he subsequently withdrew to the desert, abandoning
human society. In A.D. 285 he crossed the eastern branch of
the Nile, and established his abode in the ruin of an old
castle on the top of the mountains, where for twenty years
he indulged a rigorous seclusion. In A.D. 305 he abandoned
his retreat at the request of a number of persons, who, resorting
to him for advice, desired to live under his direction. He
* Butler's " Lives of the Saints," Dublin, 1853, i., 73—78.
ST. ANTHONY'S MONASTERY AT LEITH. 381
now founded the monastery of Faium, a group of isolated
cells near Memphis and Arsinoe. In the year 311, during
the persecution of Maximian, he proceeded to Alexandria to
testify his faith, and, if needful, to seal his testimony
with his blood. Having escaped martyrdom he returned to
his solitude, and penetrating into the desert, found lodgment
on a hill about a day's journey from the Red Sea. There he
was discovered by admiring disciples, who affectionately
solicited his return. Having piously exhorted them, he
returned to his seclusion.
Anthony died on the i/th January, 356, at the re-
markable age of 104 years. The year before his death he
performed a journey to Alexandria, to preach against the
Arians. At Alexandria he had interviews with Athanasius,
who became his biographer.* Among the temptations of
St. Anthony, related by Athanasius, are these : — Satan
tried, by bemuddling his thoughts, to divert him from be-
coming a monk. The arch-enemy next appeared to him in
the likeness of a beautiful woman, but without disturbing
him. Indignant at defeat, the tempter fell upon him at
night with a multitude of fiends, and he was found in the
morning apparently dead. The fiends at another time
assumed the shapes of wild beasts, and so tortured him, that
he experienced severe pain. But he upbraided and taunted
them, and while they gnashed their teeth, a light shone into
his cell from the roof, on which the devils became speechless.
Before his death St. Anthony was throughout the valley
of the Nile celebrated for his religious devotedness. His
memoirs, by Athanasius, are commended by Gregory
Nazianzen, and also by Chrysostom. A record of his
alleged miracles is preserved in the " Acta Sanctorum " of
the Bollandists. The i/th of January was, as the day of his
death, observed as a festival by the Eastern and Western
* " Of the Life of St. Anthony," by Athanasius, a translation is contained
in Whiston's " Collections of Ancient Monuments," 1713, 8vo., pp. 143 —
196.
382 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
churches. He was regarded as patron and protector of the
lower animals, especially of swine ; and in his pictures is
represented as having a pig for his page, probably on account
of his having lived on roots in common with the hogs of the
desert.
St. Anthony's body was buried in secret by two of his
disciples, and the place of his sepulchre was believed to be
unknown. But in the year 561, during the reign of Justinian,
his body was alleged to be discovered, and having been
carried to Alexandria, it was there deposited in the church of
St. John the Baptist. In A.D. 635 it was removed to Con-
stantinople, where it remained till the year 1070, when one
Joselin, of the House of Poictiers, transported the remains to
Vienne, in Dauphiny, where he placed them in the church La
Motte S. Didier. In 1089 a kind of erysipelas or contagious
leprosy, which visited various districts of Europe, proved
especially fatal in the province of Dauphiny. Prayers were
offered in the church of La Motte S. Didier, before the relics
of St. Anthony, and as the distemper ceased, the result was
ascribed to the saint's influence. The distemper was now
styled St. Anthony's fire, and in the year 1095 the order of
Hospitallers of St. Anthony was instituted by Gaston and
Girom, two noblemen of Vienne. Pope Boniface VIII. after-
wards converted the Benedictine priory at La Motte into an
abbey, bestowing on the members the rank of canons regular
of St. Austin, and constituting the abbot chief or general of
the order.* The monks of St. Anthony wore a cassock, a
patience, a plaited cloak, and a black hood, and displayed a
tau cross of blue on their left breast.
In compliment to the memory of their patron, the monks
of St. Anthony were noted for rearing pigs. According to
Suger, in his life of Louis le Gros, quoted by Neander in his
life of St. Bernard, Prince Philip, having been killed in 1131,
consequent on a hog having in one of the faubourgs of Paris
caused him to be thrown from his horse, an edict was issued
* Butler's " Lives of the Saints," ed. 1853, i., 73, 78.
ST. ANTHONY'S MONASTERY AT LEITH. 383
prohibiting swine being kept in the streets ; but the monks
of St. Anthony, offering a remonstrance, were permitted to
continue the practice, on the condition of placing a bell round
the neck of each pig.
Guyot de Provins, a writer of the thirteenth century,
remarks that the pigs of the order brought them 5,000 silver
marks yearly, and that there was not a town or castle in
France where they were not fed.*
Stow, in his history of London, mentions a custom which
in his time prevailed in the London markets. "Theofficers
of this city," he writes, " did divers times take from the market
people pigs, starved, or otherwise unwholesome for man's
sustenance ; these they did slit in the ear. One of the
proctors of St. Anthony's Hospital tied a bell about the neck
of each, and let it feed upon the dunghills. No one would
hurt or take it up ; but if any one gave it bread or other
feeding, such it would know, watch for, and daily follow
whining till it had something given it ; whereupon was raised
a proverb, — such a one will follow such a one, and whine as
if it were an Anthony pig."
The rites of St. Anthony are still observed in Catholic
countries. At Rome, on St. Anthony's Day, a religious service,
called the benediction of beasts, is performed yearly in a
church dedicated to the saint near Santa Maria Maggiore
The ceremony continues several days, all having animals
sending them to obtain the pontifical blessing at St. Anthony's
shrine. A similar custom prevails at Madrid and other
places.
Prior to the Reformation, the friars of St. Anthony went
about begging, and threatened to inflict the " sacred fire," or
erysipelas, upon those who refused their demands. To avoid
the hazard, superstitious persons presented them with
a fat hog annually. Pope Paul III., at the entreaty of certain
ecclesiastics, sought to abolish this system of importunity, but
the abuse continued. St. Anthony was represented in pic-
* " Gordon's Monasticon," pp. 282, 283.
384 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
tures with a fire kindled at his side, to indicate his power
in delivering from the " sacred fire." In Italy the pea-
santry and others believed that he preserved houses from
taking fire, and so invoked his aid in preserving their
dwellings.*
The monastery of St. Anthony at Leith was the only
house belonging to the order in Scotland. It stood near the
present parish church of South Leith on the west side of the
alley known as St. Anthony's wynd, and was there erected in
1430 by Sir Robert Logan, of Restalrig, and confirmed in the
same year by Henry Wardlaw, Bishop of St. Andrews.-j-
At first the members did not live very peaceably together, as
appears from a charter of Humbertus, general of the order at
Vienne.t To the institution various churches were annexed;
one of which, the church of Liston, was claimed by the
chapter of St. Andrews. A hot dispute arose, which was
terminated by Michael Gray, the Preceptor of the monastery,
executing a deed renouncing possession of the church in
favour of the chapter of St. Andrews. The instrument of
renunciation is in these terms : —
" Nos frater Michael Gray preceptor domus hospitalis Almi con-
fessoris bead Antonii prope villam de Leith Sancti Andree diocesis
procurator a venerabili patre domino Abbate Vienensi, sui cum con-
sensu capituli generalis dicti loci et omnium sibi pertinentium infra
Regum Scotie specialiter deputatus ex certis et evidentibus causis
animum nostrum ad hoc commoventibus de consensu comfratrum nos-
trorum loci nostri suprascripti matura deliberatione prehabita vnioni
et annexation! ecclesie parochialis de Lyston nobis et nostro loco
prelibato per sanctissimum in Christo patrem et dominum nostrum
dominum Eugenium papam quartum graciose factis et concessis
juri lid et cause et omnibus inde secuds tenore presentium integre
renunciamus. In cujus rei testimonium hanc nostram presentem
* Emillianne's " Monastic Orders," p. 127.
f Fundatio prima eiusdem capelle Sancti Anthonii per Robertum
Logan de Restalrig et ab eodem Henrico (Wardlaw) Episcopo (Sancti
Andree) confirmata 1430.— MS. in Advocates' Library, 34, 3, 12 fol. 11.
+ Spottiswoode's "Religious Houses," p. 243.
ST. ANTHONY'S MONASTERY AT LEITH. 385
renunciation em manu nostra propria scripsimus et pro majori rei
evidencia sigillo nostro communi sigillanimus in capitulo ecclesie
cathedralis sancti Andree et presentia totius capituli decimo octavo
die mensis Martii anno Domini millesimo CCCCmo xlvt0.*
TRANSLATION.
We, brother Michael Gray, Preceptor of the house of the hospital
of the holy confessor Saint Anthony, near the town of Leith, in the
Diocese of St. Andrews, Procurator specially deputed by a venerable
father the Lord Abbot of Vienne, with consent of his General
Chapter of the said place, and of all belonging to it within the
kingdom of Scotland, from certain and evident causes moving our
mind to that effect, and with consent of our confreres of our place
above written ; after mature deliberation, have by the tenor of these
presents wholly renounced the union and annexation of the parish
church of Lyston, graciously made and granted to us and our place
foresaid by the most holy father in Christ, and our lord, Pope Eugenius
Fourth, with plea of law and all that may follow thereon : In witness
whereof, we have written this our present renunciation with our own
hand, and for greater evidence of the fact have sealed (it) with our
common seal, in the chapter of the cathedral church of St. Andrews,
and in presence of the whole chapter, the i8th day of March, 1445.
In 1446, James Kennedy, Bishop of St. Andrews, con-
firmed to the institution the parish church of Hailes, in
Haddingtonshire, which had belonged to the monks of
Holyrood. In 1482, Sir Alexander Haliday, as preceptor
of the monastery, was heard before the auditors in Parliament
respecting the teinds, rents, and other rights of the church of
Hailes.
To the preceptor and canons of the monastery, William
Crichton, Chancellor of Scotland, granted in 1448 the
lands of Abbeyhill, near Edinburgh.f In 1488, a chaplaincy
in connection with the monastery was founded by Thomas
Turing, a burgess of Edinburgh, for the maintenance of which
* Original Charter, Advocates Library, 15, i, 18 fol. 19, No. 35.
t Edinb. Com., Reg., iii. 55.
CC
386 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
he granted lands at Leith to the value of ten pounds yearly.
The grant was confirmed by James IV. on the i/th January,
1488-9.
In addition to their ordinary revenues the canons were
entitled to a Scottish quart out of every tun of wine received
at Leith. In concert with the magistrates and corporation
of Edinburgh, they regulated the distribution of wine received
at the port. On the i8th October, 1520, the Town Council
of Edinburgh framed the following regulations, named in
the register, " Statuta Vini : " —
" The quhilk day, it is statute and ordanit be the provest baillies
counsale and confraternitie of Sanct Anthone that James Prestoun,
Jhone Adamesoun younger, Andro Dicksoun, Thomas Cuke, with
the maister of the facultie, pas fra this tyme furth quhare ony
strangear cummis with wyne of their awin aventur and by the haill hoip
of the same wynes, or samekle as plesis thame, and mak competent
price thairof, and that the samyn wyne be ewinlie dividit and delt
amangis the haill confraternitie and tavernaris of this toun of the
samyn price as beis maid first be thame, efter the forme of their auld
actis, and quhen the saidis strangearis makis thair said entres of the
saidis wynis in the townis buikes, that the personis aboue written
forgather with the saidis strangearis and mak the price of thair said
wyne within this town of Edinburgh and nocht in Leith ; and that
nane of the tavernaris wyffis, nor wemen seruandis, pas to Leith in
tyme to cum till waill, sey, or by ony wynis, under the pane of the
vnlaw contenit in the auld actis maid thairvpoun of befoir ; and
thir personis aboue written till haue for thair labouris viij. d. of ilk
towne wyne, and ordanis that all the nychtbouris and tavernaris that
hes brocht vp ony wyne fra Leith of their last schippis vnmaid and
tabillit as said is, that the samyn be had done agane to Leith incon-
tinent, thair to be tabillit amangis the laif of the wyne ewinlie
delt amangis the saidis confraternitie and tavernaris as is aboue
written, vnder the pane contenit in the auld actis of Sanct Anthone."|
William Morton was appointed preceptor of St. Anthony's
on the iQth February, 1492. Alexander Crawfurd was
* Town Council Records of Edinburgh. f Ibid.
ST. ANTHONY'S MONASTERY AT LEITH. 387
preceptor in 1510; and on the 3rd August, 1513, Pope Leo X.
issued a bull, confirming to Richard Thomson, one of the
canons, the office of sacristan* of the house, to which he had
been nominated by the prior and chapter. In this bull,
Pope Leo enjoins that the prior shall grant to the said
Richard Thomson the yearly salary of fifty marks Scots for
life, the same to be paid either to himself, or to collectors
appointed by him, out of the returns of orchard fruit and
other revenues of the house. The Pope further granted him the
value of an Alexandrian talent,fwith emoluments arising from
the granting of dispensations, also special power to absolve
" from excommunication, suspension, interdict, or other cen-
sure, penalty, or sentence of the Church, any man whatever
for sins both ordinary and extraordinary." Should his salary
be unpaid for thirty days after becoming due, the Pope
stipulated that the prior and chapter should be deprived of
water till the debt was discharged ; and should six months
further elapse without payment, that the prior should suffer
deprivation. The Pope insisted finally that if the com-
mands of the holy see were not fully obeyed, the prior and
chapter should be wholly debarred from indulgences, no
man having power to grant them absolution, and even the
prayers of the apostles Peter and Paul not availing on their
behalf.
Friar Thomson was subsequently promoted as preceptor of
the monastery. He is styled " Sir Richard Thomson, Pre-
ceptor of St. Anton," in a sasine granted by him on the
5th December, 1519, to John Innes and his spouse, Margaret
Lundie.
Mr. Matthew Forrester is designated " Preceptor of St
Anton's" in a sasine granted to him in 1552 by the magis-
trates of Edinburgh, of an annual rent of five marks, pay-
able out of a tenement situated at Bass Wynd.
* The sacristan had charge of the sacred utensils and vestments, and
was bound to protect the churchyard from the intrusion of animals : he
possessed the sole privilege of sleeping in the church.
f A sum of very indefinite value.
388 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
In the Inventory of Deeds, belonging to the Trinity House
at Leith, is enumerated — " ane charter granted be Matthew
Forrester, in favour of the foresaide mariners of Leith, of the
said lande on ye hospital bankes, and for undercallit ye
groundes lying in Leith ; . . . also said yard. — Dated
26 Julii, 1567. Sealit and subscrivit be the said Mat. For-
rester, Prebendar of S. Antoine, near Leith."
The monks of St. Anthony seem to have been equally
obnoxious to the Reformers, as were the members of other
monastic orders. In his " Satire of the Three Estates " Sir
David Lyndsay puts these lines into the mouth of " the
Pardoner,"— -
" The gruntill of Sanct Antonis sow,
Quhilk buir his haly bell ;
Quha ever he be heiris this bell clinck,
Gif me ane ducat for till drink,
He sail never gang to hell,
Without he be of Beliell borne ;
Maisters, trow ye that this be scorne !
Cum win this Pardonn, cum."
In Bagimont's Roll, in the reign of James V., St. Anthony's
monastery was taxed at £6 135. 4d. ; the income was at the
Reformation valued at .£211 153. 6d. At the Reformation
the revenues were partially bestowed on the town council of
Leith. On the loth June, 1572, James VI., with consent
of the Regent Mar, granted to the town council " all lands,
tenements, grants, and annual rents belonging to any chap-
lainries founded within any kirk, chapell, or college within
the town of Leith." In 1592 the monastery was finally dis-
solved, and Mr. John Hay, clerk of session, received a
royal grant of " the preceptory of St. Anton's " and " site
thereof," including four acres of land, with the parsonage
teinds of the lands of Redhalls, Collintoun, Oxengains, and
half the lands of Cornistown, and the vicarage of the parish
of Hailes, and of other annual rents which had belonged to
ST. ANTHONY'S MONASTERY AT LEITH. 389
the institution. Of this grant a feu-farm was, by Mr. John
Hay, conveyed to his brother Daniel, and Margaret Purdie,
his wife, on the 5th March of the same year, and on the 26th
February, 1593, the grant was confirmed.
On the loth August, 1596, Mr. John Hay and his brother
Daniel resigned their lands into the hands of the king in
favour of the Kirk-session of Leith for behoof of an hospital
which was designated as King James's. At the same time,
and for the like purpose, the town council of Leith resigned
in favour of the Kirk-session their portion of the lands-
These resignations were followed by a charter under the
great seal, dated 23rd September, 1796, conveying the
entire lands and revenues of the monastery to the Kirk-
session.
By the Kirk-session of Leith the lands of St. Anthony's
Yard were in February, 1606, conveyed in feu-farm to Mr.
Jeremiah Lindsay, of Dinyne ; the wine privilege being
commuted in a payment of money. On the igth November,
1638, the Kirk-session records contain the following entry : —
" The sessioune has ordainit the wyne vintners in Leith to
paye thair imposts of the wyne to oure sessioune, or other-
wise to be convenit befoir the kirkis ; and then they sail pay
thair imposts as we ordain."
The wine impost became a part of the ordinary parish
revenues, and under sanction of the Kirk-session, an
official styled the Baron Bailie of St. Anthony exercised a
considerable jurisdiction at the ports of Leith and Newhaven ;
he held court at will, and gave judgment without appeal.
The office continued till 1833, when it was abrogated by the
Burgh Reform Act. The last Baron Bailie of St.
Anthony's was Thomas Barker.*
On the tower of the monastery French artillery was
placed during the conflict of 1560. At the siege of Leith, in
1569, the church was partially demolished ; it was adopted
as King James's Hospital in 1614. A portion of the struc-
* Gordon's Monasticon, pp. 283-4.
390 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
ture which remains, consisting of the doorways and part of
an arch, is represented in the accompanying engraving.
REMAINS OF ST. ANTHONY'S MONASTERY.
On the common seal of the monastery St. Anthony appeared
under a canopy in a hermit's gown, and having at his right
foot a wild pig with a bell on its neck. On the circumfer-
ST. ANTHONY'S SEAL.
ence was the legend 5. Commune Preceptorie Sancti
Anthonii prope Lecht. The seal, which is preserved in the
ST. ANTHONY'S MONASTERY AT LEITH. 391
Advocates Library, is represented in the accompanying
engraving.
Associated with the monastery were a chapel and hermit-
age in the King's Park, Edinburgh. Resting on the summit
of a crag to the north of Arthur's Seat, and overlooking St.
Margaret's Loch, the ruin of St. Anthony's Chapel is still a
conspicuous object. By Maitland, in his " History of Edin-
burgh,"* it is thus described : —
" It is in length 43! feet, in breadth 18 feet, and the same in
height. At the west end is a tower 19 feet square, but of what
height at first I cannot ascertain, though by the form of what is
standing I take to have been about 40 feet. The area of the chapel
is in length 32 feet, and the breadth of 12 feet, and height of 14 feet.
It has two arched doorways, and two windows on each side of the
same form, with a handsome Gothic roof of three compartments. In
the southern wall, near the altar, is a small arched niche, wherein
was put the holy water, and another opposite of large dimensions,
which was strongly fortified for keeping the pix with the consecrated
bread. Beside, by the door and arch on the inside, I imagine there
must have been an outing from the west ; and the room over the
said arch I take to have been the vestiary, ascended to by a ladder
and a few steps above the said arch. And without, in the wall at
the eastern end, was a handsome stone seat. The chapel appears
to have been enclosed with a stone wall, extending from the
western precipice of the hill, along the southern side and eastern end,
to the northern precipice of the hill."
About twenty-seven feet south-west from the chapel are
situated the remains of St. Anthony's hermitage, which
Maitland has thus described : —
" It is of the length of 16 feet 8 inches, 12 feet 8 inches in breadth,
and 1 1 feet in height. The eastern end and south-eastern corner
are built on the rock, which rises within 2 feet of the roof or stone
arch which covers it ; it appears to have had two doors near the south-
western and north-eastern corners, of the height of 5 feet, and width
of 2 feet, without the least appearance of a window, though probably
there was in the western end, but demolished with the gable, and m
the inside of the eastern end, two bolles or cupboards."
Maitland's " History of Edinburgh," pp. 152-3.
392 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
Referring to St. Anthony's hermitage, Amot, in his " His-
tory of Edinburgh,"* remarks eloquently, " Sequestered from
the rest of mankind, these holy hermits might there dedicate
their lives to devotion. The barrenness of the rock might
teach them humility and mortification, the lofty site and ex-
tensive prospect would dispose the mind to contemplation,
and looking down upon the royal palace beneath,t they might
compare the tranquillity of their own situation, preparing their
minds for that scene of everlasting serenity which they ex-
pected hereafter, with the storms which assailed the court
amidst a tumultuous and barbarous people."
At the base of the eminence which supports the hermitage
and chapel is the well of St. Margaret, anciently reputed for
its healing virtues. Probably the celebrity of the fountain
suggested the construction of those sacred edifices. In the
lament of Lady Barbara Erskine for the cruel desertion of
her lord, James, Marquis of Douglas,]: the well is noticed
in these lines : —
" St. Anton's well shall be my drink
Since my true love has forsaken me."
From their elevated hermitage or chapel the brethren of St.
Anthony could discover the ships of commerce entering the
port of Leith, and could hail and bless the mariners' return,
expecting to receive in acknowledgment a share of those
secular gifts which generous seamen love to bestow on those
interested in their affairs. In the engraving on the opposite
page is represented the chapel of St. Anthony in its present
aspects.
In the Advocates Library is preserved a thin octavo volume
in vellum, of twenty-one leaves, entitled " The Rental Buke
of Sanct Anthoni's and Newhaven." It contains no entries
relating to the secular property of the monastery, but
* Amot's " History of Edinburgh," p. 256.
t The Palace of Holyrood.
J The pathetic song from which these lines are quoted, beginning
" O waly waly," belongs to the reign of Charles II.
ST. ANTHONY'S MONASTERY AT LEITII. 393
ST. ANTHONY'S CHAPEL.
presents certain forms of prayer, and other instruments
relating to its spiritual concerns and ordinary administra-
tion. The following prayer is at the commencement of the
volume inscribed on parchment : —
" Suscipiat vos omnipotens pater vnigenitusque dei films
sanctusque spiritus precibus beate Marie semper virginis
gloriosi patroni nostri et totius curie celestis exercitus omni-
umque sanctorum apostelorum martyrorum confessorum
atque virginum et omnium electorum suorum qui sibi pla-
cuerunt ab initio mundi ; et dirigat actus vestros in bene
placito sue voluntatis concedatque vobis gratiam bene
vivendi, vitam corrigendi, et in bonis operibus vsque in finem
perseverandi. Et nos licet indigni concedamus vobis in
vita pariter et in morte participationem omnium missarum
omnium orationum omnium suffragiorum bonorumque cete-
rorum spiritualium que in nostris collegiis fiunt et per ordinem
nostrum in totius mundi partibus domino concedente fient
in futurum et sicut hodie caritas fraternitatis vos vel vobis
conjungit in terris ita ineffabiliter Dei pietas vos vel vobis
conjungere dignetur in coelis qui cum Deo Patre et Sancto
Spiritu."
394 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
TRANSLATION.
May the Almighty Father, and the only begotten Son of God, and
the Holy Spirit, hear you, through the prayers of the ever-blessed
Virgin Mary, our glorious patron, and the whole host of the heavenly
courts, and all the holy apostles, martyrs, confessors of the faith,
virgins, and all His elect, whom He has from the beginning of the
world chosen to Himself. May He direct your actions according
to the good pleasure of His will; and grant unto you grace to
live honestly, amending your lives and continuing in good works
to the end. It is permitted to us to grant you power over the spiritual
life and death of the wicked ; and a share in all the masses, prayers,
and supplications of the good; and in all other religious duties
performed in the institutions of our order ; and which in all time
coming shall be performed, God willing, in all parts of the world.
And as to-day brotherly love unites you on earth, so may the dis-
charge of your spiritual duties toward God render you worthy to be
united in heaven to Him, who with God the Father and the Holy
Spirit ... [is to be worshipped and glorified].
"Sequitur Litera Confraternitatis.
" Complures summi pontifices et novissimo sanctissimus
dominus noster dominus Clemens papa modernus indulcerint
et cohfirmaverint omnibus vtriusque sexus confratribus seu
consororibus Confraternitatis Sancti Anthonii abbatis vt
eligere possint idoneum confessorem secularem vel cujusvis
ordinis regularem qui eos in casibus sedi apostolice non
reservatis bis singulis annis in vita absolvere penitenciam
salutatem injungere votaque cumque majoribus exceptis in
alia pietatis opera committere. Et in reservatis sedi apostolice
casibus semel in capite anni vel infra annum eundem et
toties quoties in mortis articulo absolutionem plenariam
cum assuetione quatuor millium sexcentorum et sexaginta
annorum indulgentiarum singulis annis in vita ac participa-
tione omnium stationum sancte romane ecclesie peregrina-
tionum et omnium suffragiorum militantis ecclesie et quod
ipsi confratres nisi nominatim fuerunt excommunicati aut
publici vsurarii in locis interdictis sepeliri omniaque officia
divina in eisdem locis januis apertis campanis pulsatis die
ST. ANTHONY'S MONASTERY AT LEITH. 395
obitus eorum ob reverentiam sancti Anthonii licite celebrare
valeant.
"Ea propter nos Ricardum Thomsoun preceptorem pre-
ceptorie sancti Anthonii de Leith ; attendentem devotionem
erga nostram religionem et quia de bonis suis sicut pre-
missum est in supportationem domus nostre contribuerint
merito confraternitati nostre ascribi prefatis privilegiis
gaudere presencium tenore declaramus. Datum sub sigillo
confraternitatis nostre die mensis.
"Anno domini m° ve vicesimo sexto."
TRANSLATION.
[Be it known to all hereby that] . . . many most reverend
princes of the Church, and recently, our present Most Reverend Lord
Pope Clement, have granted and confirmed to all the members of
either sex, brethren or sisters, of the community of the Abbey of
St. Anthony, power to elect a fit confessor, either secular or professed
member of any order whatever, who, in all cases not specially reserved
to the jurisdiction of the Apostolic See, might twice a year have
power to grant absolution; to exhort to repentance and salutary
vows, and, the more important cases excepted, to engage in other
pious works. And in cases reserved to the Apostolic See, once at
the commencement of the year, or within the year, and as often as
any are at the point of death, grant full absolution, according to the
custom of 4,660 years, and grant yearly during life a share in the
indulgences and all the feasts and pilgrimages of the Holy Roman
Church, and in all the prayers of the church militant. Moreover,
that the brethren themselves, unless excommunicated by name, or
public usurers, should not be buried in forbidden ground ; and that
they be empowered to perform all their religious duties in these
same places, with open gates and tolling of bells, on the day of their
death, in honour of St. Anthony.
Wherefore we, by these presents, do declare that Richard
Thomson, Prior of the Priory of St. Anthony at Leith, rejoices in
the privileges aforementioned, as one who has displayed zeal for our
religion in so much as he has contributed of his goods as is permitted
to the support of our house ; and that he is deservedly enrolled as a
member of our community.
396 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
Given under the seal of our fraternity on the day of the month
of , in the year A.D. 1526.
" Sequitur forma absolucionis.
" Dominus noster lesus Christus pro sua magna pietate et
sua acerbissima passione cui proprium est absolvere te vel
vos absolvat. Et ego te absolve auctoritate mihi concessa de
omnibus peccatis tuis concessis contritis et oblitis et de iis
etiam pro quibus sedis apostolica merito esset consuluenda,
In nomine Patris et Filii et Spiritus Sancti. Amen.
"Jesus maria."
TRANSLATION.
FORM OF ABSOLUTION.
Our Lord Jesus Christ, out of His great love, and for the sake of
His bitter sufferings, to whom of right it belongs to absolve sins,
absolve thee (or ye) ; and I, in virtue of the power granted to me,
absolve thee from all thy sins confessed ; repented and forgotten ;
and from those sins also concerning which the Apostolic See should
be properly consulted. In the name of the Father, the Son, and the
Holy Spirit. Amen.
" Ad faciendum aquam benedictam pro animalibus.
" Adductorium nostrum in nomine domini qui fecit coelum
et terrain.
" Exorcise te, creature salis, per Deum vivum per deum
verum per deum sanctum, per deum totius creature vt officiaris
sel exorcisatum in salutem animalium ad evacuandum et expel-
lendum inimicum omnem virtutem putredinis et morbum
animalium sive pecorum que necessitatibus humanis donare
dignatus es vt possint salva ad vsus nostros perficere domini
nostri Jesu Christi per quern creata sunt et perficiuntur
vniversa secula per ignem. Amen."
TRANSLATION.
For making holy water for animals. — Our aid is in the name
of the Lord, who made heaven and earth.
I exorcise thee, creature of salt, by the living God, by the true
God, by the holy God, by the God of all created things, that thou
mayest become exorcised salt for the preservation of animals, for the
ST. ANTHONY'S MONASTERY AT LEITH. 397
evacuation and expulsion of every hurtful germ of corruption and
disease, in animals, or in the cattle Thou hast deigned to give lo
human necessity, to the end that these may become healthy for our
use. (In the name) of our Lord Jesus Christ, by whom the whole
universe was created, and is perfected through fire. Amen.
" Sequitur exorzisimus aque
" Exorcise te, creature aque, in nomine Dei patris omnipo-
tentis et in nomine Jesu Christi filii ejus et in virtutem
Spiritus Sancti vt omnis immundus spiritus et incursus
sathane separetur et expellatur a tenebris aque ; exorcisata
ad purgandum omnem morbum animalium atque omne
fantasma inimici et ipsum inimicum eradicare et explan-
tare valeas per virtutem domini nostri Jesu Christi per-
quem creata sunt et perfkientur vniversa secula per ignem.
Amen.
" Hie ponatur salis in aqua.
" Hsec commixtio salis et aque per virtutem domini nostri
Jesu Christi animalibus salubritas fiat. In nomine patris et
filii et spiritus sancti. Amen.
"Vox domini super aquas deus maiestatis intonuit, dominus
super aquas multas. Homines et jumenta salus domine
quemadmodum multiplicasti maiestatem tuam deus vere.
Aperies tu manum tuam et imples omne animal benedictione
Dominus vobiscum. Et cum spiritu tuo. Oremus.
"Deus Invisibilis et Inestimabilis per cuncta tua pietas
diffusa est ; per sanctum nomen tuum supplices deprecamur vt
huic creature salis et aque »J< benedictionem et pietatem tuum
invisibili operatione infundas vt animalia que necessitatibus
humanis dignatus es largiri cum ex eadem acciperintvel aspersa
fuerint haec»J< benedictio et sanctificacio redant illesa. Amen.
" Benedictus Deus qui dat omnibus affluenter et non impro-
perat. Servo totam contulit graciam vt et sanitatem restauraret
et spiritibus imperaret immundis. Ora pro nobis beate pater
vt dominus esset protector. Oremus.
"Deus qui concedis obtentui beati Anthonii confessoris hri
atque Abbatis morbidum ignem extingui et membris refri-
398 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
geria praestari, fac nos propitius ipsius meritis et precibus,
a Gehenne ignis incendiis liberates integros mente et corpora
tibi fejiciter in gloria presentari. Per dominum nostrum
Christum."
TRANSLATION.
The Exorcism of Water.
I exorcise thee, creature of water, in the name of God the
Father Almighty, and Jesus Christ His Son, and by the power of the
Holy Ghost, that every unclean spirit and Satanic influence may be
separated and expelled from the depths of the water; that being
thus exorcised, thou mightest have power to purge away every disease
of animals, and wholly expel and eradicate every apparition of the
fiend, and the fiend himself, by the power of our Lord Jesus Christ,
by whom the whole universe was created and perfected through
fire. Amen.
Here let the salt be put into the water.
May this intermixture of salt and water become healthful to
animals, by the power of our Lord Jesus Christ. In the name of
the Father, the Son, and the Holy Spirit. Amen.
The voice of the Lord is upon the waters; the God of glory
thundereth, the Lord is upon many waters. — Psa. xxix. 3.
Thou, O Lord, art the safety of men and of beasts, so that Thou,
the true God, dost greatly multiply Thy glory. Thou shalt open Thy
hand, and shalt satisfy every thing living with Thy blessing. The
Lord be with thee, and with thy spirit.
Let us pray.
O God, invisible and incomprehensible, Thy love is everywhere
diffused. We humbly beseech Thee, for Thy name's sake, that
Thou wouldst bestow Thy blessing »J« and favour by invisible agency
on this creature of salt and water, so that when the animals, which
Thou hast freely given to human need, shall receive of the same, or
be sprinkled therewith, this blessing »J< and consecration may restore
them to soundness. Amen.
Blessed (be) God, who giveth unto all abundantly and hasteneth
not (to mark iniquity), He hath bestowed His grace on His servant,
that He might restore health and have command over unclean spirits.
Pray for us, O Blessed Father, that the Lord may be our protector.
ST. ANTHONY'S MONASTERY AT LEITH. 399
Let us pray.
O God, who didst grant, at the prayer of the blessed Anthony^
Thy servant and abbot, that the fire of fever should be extinguished,
and coolness restored to the limbs, mercifully grant that we by his
merits and prayers may be delivered from the flaming fires of hell,
and happily presented to Thee whole and safe in body and in mind,
in glory. For the sake of our Lord Jesus Christ
" Receptio Confratrum et Consororum.
"Primo, oportet quod pateant istam confraternitatem amore
Dei beate Marie et beati Anthonii.
" Secundo, oportet quod sint obligati pro fidelitate ordinis sic
quod nunquam deberent scire neque audire malum quod
revelarent et quod custodirent secreta revelata eis.
" Tertio, quod orarent pro fratribus et sororibus secundum
quod ipsi tenentur pro eis orare.
" Quarto, quod sint dispositi dare omni anno elemosinam
suam, tenentur. Et in vltimis diebus qui credent mori
si contingat eis addicere pro suffragiis fiendis quod citius
nobis darent quam aliis propter quod sumus quotidiel
obligati pro eiis orare. Et mittent nobis diem obitus suorum
vt poterimus dare placebo et dirigere cum missa de
requie. Ad ista tenentur obligari quae sunt suprascripta."
TRANSLATION.
FORM OF RECEPTION OF BRETHREN OR SISTERS.
Firstly. — It is expedient that they enter this community from love
of God, the blessed Virgin, and the blessed Anthony.
Secondly. — It is expedient that they be bound by an oath of fidelity
to the order ; so that they should never know or hear any evil thing
to reveal it ; but should keep inviolable all secrets revealed to them.
Thirdly. — That they should pray for the brethren and sisters,
according as they are, by vow, bound to pray for them.
Fourthly. — That they be bound to give yearly in charity what they
may be willing (to bestow). — That any who, being at the close of
life and believing themselves dying, bequeath anything for prayers
400 TRANSACTIONS OF THE ROYAL .HISTORICAL SOCIETY.
to be offered for them, should give it more readily to us than to
others, as we are bound to pray for them daily. And that notice be
given on the day of their death, so that we might repeat a " Placebo,"
and conduct their funeral rites with a mass. That they be bound to
observe what is written above.
" Ista sunt retributiones quas haberent qui confraternezan-
tur in ordine sancti Anthonii.
" Primo propter meritum fraternitatis quam cito sunt fratres,
vel sorores habent mille annos indulgentiarum. Secundo
habebunt partem omnium missarum celebratarum in toto
ordine sic quod omnes alii religiosi tenentur pro eis sicut et
nos ipsi et eiis. Item si contingat ecclesiam vel semitorium
eorum interdici ratione fraternitatis omnia sacramenta eccle-
siastica ministrabuntur ; hoc est dictu ecclesie aperiantur et
campane pulsentur et sepulture tradentur eiis. Item septem
partem de penitenciis vobis injunctis erunt dimissi, offensio
patrum et matrum in violentia iniectam manum sibi. Item
dies jejuniorum et festinitatum male conservatorum erunt
dimissi, &c. || Item semel in vita et toties quoties in articulo
mortis habeant potestatem plenariam papale elegendum con-
fessorem ad confitendum de omnibus peccatis eorum. Item
sint participatores omnium orationum jejuniorum, vniversa-
liorum sufifragiorum, et stationum dedicationum ecclesiorum
meritorum romanorum et indulgeniiarum earundem, &c."
TRANSLATION.
These are the Rewards which they shall enjoy who become
brethren of the order of St. Anthony.
Firstly. — Because of the merits of the brotherhood, they who are
presently brethren or sisters have a thousand years' indulgence.
Secondly. — They shall have a share in all the prayers offered by the
whole order ; and likewise that all other brethren be bound to pray
for them, as we for others. Moreover, should it happen that their
church or sanctuary be put under the ban, in respect to the brethren,
all the rites of the church shall be duly administered : that is to say,
the churches shall be opened (for them) ; the bells tolled, and burial
granted to them. Likewise, of the penitential offerings prescribed, a
ST. ANTHONY'S MONASTERY AT LEITH. 401
seventh part shall be remitted to you; (to wit,) offences against
parents, for laying violent hands on one's self (suicide), and for breaking
the fast days and feast days appointed by the church ; likewise,
also, once during life, and as often at the point of death, (the members
of the fraternity) shall enjoy plenary power from the Pope to elect
a confessor, for the purpose of confessing all their sins. Moreover,
also, they shall be partakers in all the sermons, fasts, and offerings
everywhere, in general confessions (stationes), dedications of churches,
and all advantages and indulgences of the Catholic Church.
" Officium Confraternitatis.
"Suscipimus Deus majestatem tuam in medio templi tui
secundum majestatem tuam deus sit et laus tua in finis terre
Justitiae plena est dextera tua. Psalmus, Misere mei deus ;
psalmus, Magnus dominus ; psalmus, ecce quam bonum ; Kirie-
leysoun Christe eleysoun, Kirieleysoun Pater noster. Et ne
nos. Oremus Deum.
" Ista fraternitas sit acceptabilis deo beate Marie virgine
et beato Anthonio. Salvum fac servum tuum et servos
tuos, deus meus, sperantes in te Mitte eiis, domine, auxilium
de sancto et de Syon tuere eiis, Nihil proficiat inimicus
in eiis et films iniquitatis non nocere eiis. Domine ex-
audi orationem meam ; et clamor meus ad te veniat.
Oremus.
" Suscipiat vos deus pater in numero fidelium suorum scilicet
indigni suscipimus te vel vos in orationibus nostris; et conce-
dat vobis gratiam bene vivendi et justiciam bene perseverendi
et sicut nos hodie caritas fraternitatis conjungere in terris ita
divina pietas nos conjungere dignetur in ccelis per Christum
dominum.
" Deus qui concedisti, obtentui beati Anthonii (vt supra) \_hic
iniunctis manibus eorum dicetur eis\ Suscipimus te in fratrem
et damus tibi nostram societatem ; facimus te participem in
omnibus oracionibus bonis operibus et suffragiis nostris in
eternum. \Et tune osculentur in fine] Oremus."
DD
402 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
TRANSLATION.
THE OFFICES AND DUTIES OF THE FRATERNITY,
OR FORM OF WORSHIP.
We worship Thy glorious name, O God, in the midst of Thy
temple. According to Thy majesty, O God, let Thy praise be in
the ends of the earth. Thy right hand is full of justice.
The Psalm — "Have mercy upon me, O God" (Miserere mei
Deus, li.).
„ „ " Great is the Lord," &c. (Magnus Dominus, xlviii.).
„ „ " Behold, how good," &c. (Ecce quam bonum,
cxxxiiL).
"Kyrie eleison" — (Lord, be merciful), "Christe eleison" (Christ
have mercy.) " Kyrie eleison." (Lord, be merciful).
" Pater noster"— (Our Father).
The Psalm—" Not unto us," &c. (Et ne nos, cxv.).
Let us pray to God.
That this fraternity be acceptable to God, to the blessed Virgin
Mary, and to the blessed Anthony. Save Thy servant, and Thy
servants, O God, who put their trust in Thee. Send them help from
out Thy sanctuary, O Lord, and protection from Zion. Let not the
enemy prevail against them, nor the son of iniquity hurt them. O
Lord, hear my prayer, and let my cry ascend to Thee.
Let us pray.
May God the Father receive you into the number of His faith-
ful, as we, though unworthy, receive you into our prayers ; and may
He grant you grace to live righteously, and persevere in well-doing,
and as to-day brotherly love unites us on earth, so may divine love
unite us hereafter in heaven, through Christ our Lord.
O God, who didst grant the humble entreaty of the blessed
Anthony (as before).
Then follows this, spoken at the laying on of hands.
We receive thee as a brother, and admit thee to our society,
and make thee partaker on all occasions in our good works and
prayers for ever.
Then finally they shall give him the kiss of peace.
Let us pray.
ST. ANTHONY'S MONASTERY AT LEITH. 403
Jtis.statuet and ordanit in our scheptour for sindri resonabil
causis that . the saulis of thaim that has gevin zeirlie
perpetuall rent to this abbay and hospitall of Sanct Antonis
besyd Leith or has augmentit Goddis seruice be fundacion, or
ony vther vays has gevyn substanciously of thair gudis to the
byggyn reparacion and vphaldyng of the forsaid Abbay and
place, that thai be prayit for ylk Sunday till the day of dome.
And in speciall oppynly thar namys expremyt als weil the
quhik as the deid. That mair abundantly thai may resaif the
suffragyis prayer and power of the ordour with the Indulgens
prayer and pardonys grantit and gevyn be the sege of Rome
at the reverence of God Almychty, the glorious Virgyn and of
our holy Fader and patron Sanct Anthon.
[Then follows a list of the principal benefactors of the Monastery,
for whom masses were to be offered. The list is as under : — ]
In the fyrst for Kyng James, ye first and Quhen Jane, his
spous yair predecessouris and successourys.*
For James Kennedy, bischop of Sanct Andros, his
predecessourys and successouris.'f*
For Schir Robert Logan, of Restalrig,| knycht, our fown-
dour, and dame Katryne, his spous, thar predecessouris and
successouris.
* James I. of Scotland was born in 1394, and after a captivity of nine-
teen years in England, commenced his actual reign in 1424. He was
murdered on the 2oth February, 1437. He married the Lady Joanna
Beaufort, daughter of the Duke of Somerset. The monastery of St.
Anthony was founded under the sanction of James I.
t Bishop James Kennedy, of St. Andrews, an early promoter of St.
Anthony's monastery, was a liberal and distinguished prelate. He founded
St. Salvator's College, St. Andrews, and in the minority of James III. was
chief administrator of public affairs. He died on the loth May, 1466,
aged sixty. His mother, the Countess of Angus, was a daughter of
Robert III.
£ Sir Robert Logan, of Restalrig, was founder of the monastery. He,
or his father, Sir Robert Logan, married a daughter of Robert II. by his
queen Euphemia Ross.
404 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
For William Mudy, bischop of Caitnes,* and Gilbert
Mudy.
For Schir James Logane,^ knycht, and Dame Jane, his
spous, and yair successouris.
For Master Johne Gray, parson of Lifton.
For Master Adam of Mongamry, parson of Dunkell.
For Laurence, of Bawlon, and Jonat, his spous.
For Schir William Crethton, lord of that Ilk, and his spous.
For Thomas Turyng, and Alison, his spous.
For Maister Robert Steill, person of Dolphynton.
For Schir Johne of Crawfurd, and Schir William of Craw-
furd.
For Gregory Logane, and Margret, his spous.
For Johne Alyson, and Cristiane, his spous.
For William, of Strathauchan, and Elizabeth, his spous.J
For Alward Ysbrand, and Agnes, his spous.
For Thomas Armonar, and Marion, his spous.
For Andro Matheson, and his spous.
For Jhone Lambe, and Cristiane, his spous.
For William Logane, of Coitfeild, and Annabell, his spous.
For Patrik Logane, of Coitfeild, and Jonat, his spous.
For Archbald Hepburn, in Hadington, and his spous.
For William of Clunes, and Jonat, his spous.
For Johne, of Lau, and Elizabeth, his spous.
For James of Ross, and Agnes, his spous.
For Maister David Monypenny,§ Rector of Sanctandros'.
For, Michel, of Chalmur, and Jonat, his spous.
* William Mudie was Bishop of Caithness in 1455.
f Sir James Logan was probably the son and successor of Sir Robert
Logan, founder of the monastery.
J A branch of the house of Strachan. or Strathauchin, of that ilk, and
afterwards of Thornton, were early settlers in Edinburgh. During the
fifteenth century Vincent Strathauchin was a deputy clerk of the city.
John Strathauchin is named in 1463 as renting from the corporation a shop
or booth.— Btirgh Records of Edinburgh.
§ In 121 1 Ricardusde Monypenny obtained the lands of Pitmilly, Fife-
shire, which are still in possession of the family. Master David Mony-
penny, rector of St. Andrews, was doubtless a member of this sept.
ST. ANTHONY'S MONASTERY AT LEITH. 405
For Dauid Quhit, and Jonat, his spous.
For William Morthoson, Jonat and Agnes, his spousys.
For Edward Logane.
For Laurence Bertraham, and Anot, his spous.
For Thomas Bell, and Katerine Bertraham, his spous.
For James Wilson — for Johne Cant.
For Elene Clerk, ye spous of
For Johne Curig, procuratour of Sanct Anthonys.
For Dene Alexander Crawfurd, preceptor of Sanct
Anthon's.
For Johne Matheson, in Broith, and Alison, his spous.
For Walter Buschart, and Marion, his spous.
For Johne Lawson, and Margret Cokburn, his spous.
For Elizabeth Lawson, spous of ye Laird of Waraston.
For Dene Richard Thomson, preceptor of Sanct Anthony.
For William Claperton, and Elizabeth Lummesdan, his
spous.
For Johne Culross, and Jonat Lyndesay, his spous.
[Here follows the obituary, each day of the week being
denoted by the letters a, b, c, d, e, f, andg. The following
entries occur : — ]
JANUARIUS.
Obitus Jacobi Ross, anno domini m°cccc°lxx.
MARTIUS.
(6th.) Obitus domini Roberti Logane, militis donatoris
fundi preceptorie Sanct Anthonis, prope Leith, anno domini
m°cccc°xxxix°.
(12.) Obitus Patricis Logane, anno domini m°cccclxi.
(iQth.) Obitus Johannis Lambe, anno domini m°cccclxvi.
APRILIS.
(3rd.) Obitus Agnetis Berton, anno m°vciii.
Obitus Johannis Curry, anno mVxili.
Obitus Annabelle Strathauchyn, anno domini m°cccclxvii.
MAY.
(4th.) Obitus Johannis Cant et Helene Clerk, ejus spose
qui obiit, anno domini mVxxviij0.
406 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
(nth.) Obitus David Quhit, burgensis de Edinburgh, anno
m°ccccclxxxxix.
(iQth.) Obitus Laurencii Bawlon, et conjugis cjus anno
m°cccc0lmo.
Obitus Johannis Law, anno m°cccclvij°.
JUNIUS.
(24th.) Obitus Alardi Ysbrand et Agnetis Joffray vxoris
ejus, anno m°cccclxij.
JULIUS.
(ist.) Obitus Willelmi Clunes et Jonete conjugis ejus anno
m°cccclij.
AUGUSTUS,
(i2th.) Obitus Laurencii Bertrem, et Anote, spose sue
anno m°vc.
SEPTEMBER.
Obitus Johannis Allanson et conjugis ejus anno m°cccc
quarto.
Obitus Johannis Dudyngston, anno m°cccclxvi. Obitus
Willelmi Morthoson, anno m°ccccxciij.
OCTOBER.
Obitus Jonete Morthoson, anno m°cccclxxxv.
Obitus Thome Armonar et conjugis ejus anno m°cccclx.
NOVEMBER.
Obitus Elene Clerk, anno m°cccc°lxxxxix.
Obitus Waited Buchart et Mariote, spose sue, anno
m°vcxxi.
Obitus domini Johannis Crawfurd, anno m°ccccxli.
DECEMBER.
Obitus Eduardi Logane.
Obitus Thome Bell, anno domini ccccxcix.
The following Inventory of documents connected with the
dissolved monastery of St. Anthony was prepared by some
unknown person connected with the Kirk-session or incor-
ST. ANTHONY'S MONASTERY AT LEITH. 407
porated trades at Leith, about the beginning of the seventeenth
century.*
Inventar of the Writes and Securities belonging to the Kirk
Session of South Leith, which are pairtly in their own Charter
Cheast, and pairtly in the Charter Cheast kept by the four
Incorporations of Leith, digested into some order and method,
and beginning with the rights of the preceptory of St. Anton's.
No. i. An Oblidgement by friar Michaell Gray, Master of the
Hospital of St. Anton's near Leith, with consent of his brethren of
the convent, in favors of William of Clunes of Leith, and Janet his
Wife, whereby in consideration that the said William and Janet, had
freely given to God and St. Anton's, their Tenement with the perti-
nents lying in the town of Leith, the preceptor oblidges him and
his successors to say Masses for the souls of the donors, and to
receive them into their Hospital, in manner and upon the provisions
therein mentioned. It also contains a reservation of an annualrent
of half ane merk each one, to William and his wife, and ane other
to Gregory Logan and others. This Oblidgement is dated the
27th day of February 1444. Sealed with St. Anton's seal.
2nd. Ane Charter granted by William Creighton, Chancelor of
Scotland, with consent of James Creighton of Frendraught his eldest
son and apparent heir, in favors of the preceptor of St. Anton's near
Leith and Convent of the same, and their successors, of his lands with
the pertinents, lying in the town of Leith, on the east syde of the
water thereof, in the barony of Restalrig and sheriffdom of Edin-
burgh, betwixt the lands of umquhil John Pittendreich, on the east,
and the high way on the west ; the lands of Sir John Winton, parson
.of Pennycuik on the south and the common shear on the north
pairts, on payment of eleven merks yearly with a sufficient chamber
within the territory and mansion of St. Anton's, for the sustentation
of an Chaiplain. This Charter is dated the i6th day of May 1448.
3rd. Charter of confirmation under the great seal, confirming the
foresaid charter of mortification — this charter of confirmation is
dated the 2Qth day of September 1451 years.
4th. Ane Charter granted by Elizabeth Lauder, daughter and one of
the heirs of umquhil George Lauder, in favors of the Master and
Convent of the place of St. Anton's near Leith, of an annual rent of
* General Hutton's Collections, vol. v.. Advocates Library.
408 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
four shillings Scots yearly to be uplifted furth of ane land lying in
the burgh of Edinburgh, under the castell wall betwixt the
land of David Whytehead, on the east, and the land of William
Rhein on the west. This charter is dated the isth day of December
1491, and is sealed with the granter's seall, and bears also to be
sealled with the baillies seall, in token of his giveing infeftment
5th. Commission by the Pope to William Mourton, preceptor of
St. Anton's near Leith in Scotland, constituting him preceptor of the
said preceptory, and procurator general for managing the said
preceptory, and in gathering the revenue thereof, and containing
several other clauses and priviledges dated at Rome the ipth day
of February 1492. As also another parchment bearing particular
regulations with regard to the apparel and ceremonial observances of
the brethren.
6th. An patent or commission By Pope Leo to Richard Thomson
conferring the priviledge of the said House or Hospital dated the
3d August 1513 and the first year of Leo's popedom.
7th. An Agreement under form of instrument betwixt John Barton
elder, indweller in Leith on the one pairt, and Sir Alexander Craw-
furd preceptor of the house of St. Anton's near Leith, on the other
pairt, by which John Barton did resigne his annualment of four
merks which he held of St. Anton's, out of John Dicksoa's houses in
Leith, in the hands of the said preceptor ad perpetuam remanentiam,
for which the preceptors of St. Anton's were to infeft the said John
and his heirs in an rent of fourteen shilling to be uplifted furth of
another tenement of land lying in Leith. This Agreement is dated
the i3th day of May, 1510. Jasper Main notar thereto.
8th. Instrument of Seasine given by Sir Richard Thomson, pre-
ceptor of St. Anton's propriis manibus to John Innis and Margaret
Lundie his spouse of an annual rent of four merks Scots yearly to be
uplifted out of Laurance Barton's tenement of land lying in Leith,
betwixt the lands of St. Anton's, on the east, the croft or land of
John Mathieson on the west, the land of John Logan on the south,
and the land of umquhil George Chaplain on the north pairts. This
Seasine is dated the 5th day of December 1519 — John Thomson,
notar thereto. Sealled with St. Anton's seall.
gth. Charter by the said Sir Richard Thomson, preceptor of
St. Anton's to the said John Innis and Margaret Lundie his spouse of
ST. ANTHONY'S MONASTERY AT LEITI-I. 409
the foresaid annual rent of four merks to be uplifted out of the said
Laurence Barton's land, dated the yth day of December 1519. Sub-
scribed by the preceptor and some of the friars and sealed with the
common seall of the preceptory.
loth. Instrument of Seasine given by Sir Richard Thomson, pre-
ceptor of St. Anton's to Elizabeth Lawson, daughter and heir of
umquhil John Lawson, of ane land, fallen and ruinous, belonging of
old to John Lawson and Margaret Cockburn his spouse, lying in
the town of Leith, on the south syde of the water thereof, barony
of Restalrig and sheriffdome of Edinburgh, betwixt other land
of the said umquhil John Lawson on the east, and the high way
called the hill on the west ; the land of George Knightson on the
south, and the land of Walter Whyte on the north, and of ane rent of
three pounds twelve shillings Scots, to be uplifted out of the foresaid
lands of umquhile Walter Whyte, betwixt the foresaid land of umquhill
John Lawson on the east and south, the shoar on the north, and
the common way called the hill, on the west, with a resignation
ad remanentiam of the said land, and annualrent by the said Eliza-
beth Lawson with consent of Andrew her husband, in the hands of
the said Preceptor of St. Anton's to be upon by him and his
successors at pleasure. This Seasine is dated the i4th day of
November 1523, John Thomson notar thereto.
nth. Instrument of Resignation by John Mathieson, in the hands
of the preceptor of St. Anton's, ad perpetuam remanentiam of an
annual rent of ten shillings Scots, to be uplifted out of some lands
in Leith ; but both the date of this instrument and resignation of the
lands are torn away ; John Jackson is notar thereto and there is a
seall appended to it.
1 2th. An Charter granted by King James the 6th, with consent of
the Earle of Marr then Regent, to the Baillies, Councill and Com-
munity of the town of Leith, and their successors for ever of all lands,
tenements, fruits and annual rents, belonging to any chaplainrys,
founded within any kirk, chapell or college within the town of
Leith. This Charter is dated the loth day of June 1572.
1 3th. Copie of an signature, granted by king James the 6th in
favors of Mr. John Hay, one of the ordinary Clerks of Session, of the
preceptory of St. Anton's, and of the place or ground, where the kirk
of the said preceptory of St. Anton's stood, and of all lands, tene-
ments, rents, annual rents which belonged thereto (except the manse
410 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
and four aikers of land for the gleib conform to Act of Parliament)
and also of all and sundry parsonage teynds of the lands of Reid-
halls, Collingtoun, Oxengains, and half lands of Cornistoun, which
lykewise pertained to the said preceptory, with the vicarage of the
haill paroch of Hailles, and of certain tenements and annualrents,
mentioned in the said gift, which also formerly belonged to the said
preceptory, by which signature the foresaid preceptory and benefice
thereof is dissolved and suppressed. And it is ordained that there
should never thereafter any successor or preceptor be provided
to the said preceptory, and benefice thereof, and the vassals
to hold of the said Mr. John Hay. This paper is so worn that it
cannot be all read, and it wants the end whereby the date cannot be
known, but it seems to have been dated in the year 1592, and this
paper is thought to be the same with the copy of Mr. John Hays
gift of St. Anton's, copied out of Mr. William Chalmers his book in
anno 1633.
1 4th. Charter of feu farm granted by the said Mr. John Hay to
Daniell Hay his brother and Margaret Purdie his spouse of all and
haill that place or ground on which the kirk of the preceptory of
St. Anton's near the town of Leith of old stood, with the kirk yard,
mansion houses, biggings, yards, orchards and haill pertinents to be
holden of the granter, in feu farm for payment of half an merk yearly.
This Charter is dated the fifth day of March 1592.
1 5th. Instrument of Seasine following thereupon of the same date,
Mr. George Tod, notar thereto.
1 6th. Charter of confirmation under the great seal of the foresaid
feu farm. Charter dated the 26th day of February 1593.
1 7th. Two Instruments of Resignation by the said Mr. John Hay,
and Daniell Hay his brother, of the foresaid Preceptory of St. Anton's
with the place or ground where it stood, and of severall lands tene-
ments and annual rents, belonging thereto, in the hands of King
James 6th, in favor of the ministers, elders, and deacons of the Kirk
Session of Leith, and their successors in office, in name and behalf
of the poor of the Hospital of Leith present and to come. These
two instruments are dated the nth day of August 1596 — David
Maysie notar thereto.
1 8th. Instrument of Resignation by the Baillies, Council and
Community of the town of Leith, in the hands of King James the 6th
of all lands, tenements, rents annual rents belonging to any chaplainrys,
ST. ANTHONY'S MONASTERY AT LEITH. 411
prebendarys founded within the town of Leith, in favor of the
ministers, elders and deacons of the kirk of Leith and their suc-
cessors in office, in name and behalf of the poor of the Hospital
there of present and to come — This instrument is dated the nth day
of August 1596. Mr. David Maysie notar thereto.
igth. An Charter under the great seallby King James the sixth, to
the minister, elders and deacons of the Kirk Session of Leith, and
their successors in office, in name and behalf of the poor of the Hos-
pital of the same, present and to come, of all and sundry lands, tene-
ments and annual rents, which pertained to whatsomever chaplainrys,
vicarages within the towns of Leith and Restalrig and of the place or
ground where the Kirk of St. Anton's formerly stood, and annual
rents and others belonging to the said Preceptory. This Charter is
dated the 23rd day of September 1596 and bears to proceed upon the
resignation of Mr. John and Daniell Hays.
20th. Precept of Seasine under the quarter seall relative thereto,
and of the same date therewith.
2ist. Instrument of Seasine following thereupon, in favor of the
said minister, elders and deacons dated the 27th day of November,
1596, Patrick Glassfoord, notar thereto.
22nd. Assignation by the said Mr. John Hay to the said ministers
and elders of Leith, of the byrunne rents and duties of the foresaid
lands of St. Anton's dated the 8th day of October 1596, which assig-
nation relates to a disposition and procuratory of resignation,
granted by the said Mr. John Hay, to the said Kirk Session, of the
foresaid lands of St. Anton's.
23id. An Decreet conform at the instance of the ministers, elders
and deacons of the Kirk Session of Leith, against all and sundry
feuars, tenants and possessors of any lands, tenements, annual rents
belonging to St. Anton's, or any chaplainrys, prebendarys within the
towns of Leith and Restalrig for the and year 1597 and in
all time coming. This decreet is sealled the day of J597;
it is obtained before the Lords of Session. The extract is under the
hand of Sir John Skene, Clerk Register, and it proceeds on the charter
above mentioned.
24th. Letters of Horning raised thereupon of the same date with
the decreet, subscribed by Alexander Lantie; signeted the i2th day
of December 1606. Registrat at Edinburgh the 4th day of January
1609 — the executions are lost.
412 TRANSACTIONS OF THE ROYAL HISTORICAL SOCIETY.
25th. Contract of feu farm betwixt the ministers, elders and
deacons of the Kirk Session of Leith, preceptors of St. Anton's,
heritable proprietors of the wind mill, kiln houses and pertinents
thereof diged in the yard called St. Anton's yard, lying upon the west
pairt of the town of Leith, on the one pairt, and Mr. Jeremiah
Lindsay of Dinyne on the other part, whereby the Session dispones
to him in feu farm the said wind mill, kiln and houses thereof, for
payment of four pennys Scots yearly. This contract is dated the last
day of February 1606.
413
INDEX.
ABBEYHILL, lands of, 385
A-Becket, Thomas, 263
Abraham, Plains of, 159, 164 — 169
Act of Indemnity, 317
Prerogative, 321
— Resumption, 321
" Acts and Monuments, the, " of Foxe,
30-34, 37-39
Acts of Confiscation, 290
Edward II., 276
— Edward IV., 276
Elizabeth, 284, 291, 292
— Henry II., 266
— Henry III., 276
— Henry VI., 279
Henry VIII., 281, 282
James I , 291
Settlement, 313, 317,318, 321
Acts relating to absenteeism, 279, 281,
282
Adoption, custom of, 17
Aelfgiva, 176
Agram, Makta-ban, Bishop of, 331
, Balthazar, Bishop of, 332
, Benedict, Bishop of, 332
, Conquest of, by John Vitovetz,
33.1, 332
Ailric, canon of Waltham, 191, 200
Aires, Irish Freemen, 241, 242
Airlie, Earl of, 372
Aldgate, John Foxe's house in, 29, 30
Aldred, Archbishop, 181, 185
Alexander, Bailie Alexander, of Aber-
deen, 356, 357
— Cosmo, of Aberdeen, 356
Dr. John, of Aberdeen, 356, 357
Henry, 357, 365
— III., Pope, 270, 271
— John, 357, 365
— Richard, of Aberdeen, 356
Sir Antony, 357
— William, Lord Alexander,' 357
William, of Menstry, Earl of
Stirling, 357
Alfgar, Earl, 178
Alford, battle of, 379
Amherst, General, 156, 163
Amurath, Sultan, 329
Ancestry, influence of, 23, 24
Anna, Queen of the Romans, 218
Arbuthnot, Lord, 360
Archimedes, the sphere of, 345 — 350
Argyle, Earl of, 359, 363, 375, 378
Arlotte, mother of William the Con-
queror, 185
Arundel, Lord, 47
Ashworth, William, 44
Askew, John, 80
Assignation, bond of, 80
Athanasius, 381
Athole, Earl of, 366
Attinghausen, Werner de, 217
Auchinbreck, Laird of, 378
Auldearn, battle of, 379
Austria, Leopold, Duke of, 220
, Albert, Duke of, Emperor of
Germany, 217 — 219, 328, 330
— , Frederic, Duke of, 219
Authority, parental, 12 — 14, 19
Bagimont's Roll, 388
Baillie, Major-General William, 379
Ball, John, 28
Baltinglass, Viscount. 284
Banbury, William, 43
Banfy, Hungarian General, 330
Barclay, Robert, Provost of Irvine,
359
Bards, ancient British, 112, 113
Barker, Thomas, 389
Barnabo, Cardinal, 261
Barnes, Sarah, 56
Barnewall, John, 282
, Patrick, 283
Baron-Bailies of St. Anthony, 389
Baronets of Ulster, 301
Barrett, Mrs., 34, 54
Barren, Rev. Robert, Bishop of Ork-
ney, 360, 363
Bassano, Mr., 60
414
INDEX.
Battle Abbey, 197
Bavaria, Louis, Duke of, 219
— , Otto, Duke of, 335
Beaufort, Lady Joanna, Queen of
James I., 403
Beaumont, Robert de, 196
Beauport Flats, battle of, 160-162
Bede, the Venerable, 253
Bedford, Francis, Earl of, 7°
Bellasis, Colonel, 82
Bellenden, Adam, Bishop of Aberdeen,
373, 374
Bentinck, Lord Woodstock, 321
Beresford, Rowland, 77
Berkely, Lord, 282
Bigot, Francis, Intendant of New
France, 154, 155
Billing, Sir Henry, 305
Blackstone, Sir William, 228
Bolingbroke's Letters, I
Bollandists, "Ada Sanctorum" of the,
38i
''Bond, the Blind," 377
Boniface VIII., Pope, 382
Bonner, Bishop, 38
Boroimhe, Brian, King of Ireland, 260
Boscawen, Admiral, 156-
Botteler, Anne, 57, 76
— , Catherine, 56
— , Christopher, 56
— , John, 57
, John, of Wrathall, 57
— , John, of Stapleford, 57
— , Lady Frances, 57
— , Nicholas, of Netherhall, 57
— , Oliver, 76
— , Philip, 57
— , Sir John, of Woodhall, 57
— , Sir Philip, of Watton-at-Stone, 56
-, Sir Robert, 57
Bouganville, General, 159, 163, 164,
168
Bourlemagne. General, 157, 163
Bradstreet, General, 156
Brakespeare, Nicholas (Pope Adrian
IV.), 262, 263
Brankovich, George, Prince of Servia,
328
, Catherine, 328, 329
Brehon Code, the, 233, 235, 274, 277,
280
Brice, Thomas, 29
Bridge of Dee, action of, 368, 369
Brigade, the Irish, 312, 313
Britain, early settlers of, 88
— , origin of name, 88
Britons, ancient, dress of, 91, 92
, burial customs of, 113, 114
, coins of 97, 102
Britons, domestic life and manners of,
83-116
, dwellings of, 93, 94
— , mode of fighting, 96, 97
— , trade of, 102, 114, 115
, villages of, 95, 96, 98, 99
Brock, General, 168
Brown, Edward, 77
— , William, 77
Browne, Richard, 58
Bruce, Edward, 275
Bruet, Jane, 73
Bullinger, 37
Bulstrode's, Memoirs, &c., of Charles I.,
82, 83
Burges, Sarah, 75
Burglen, Eberhard of, 218
Burial of Harold II. at Waltham, 197-
207
Burke, Edmund, on Irish Land Laws,
324, 325
Burleigh, Lord Balfour of, 375, 377, 378
Burnet, Sir Thomas of Leys, Bart.,
360, 367
, Alexander, 360
-, Andrew, 360
Burnhill, Mrx, 56
— , Thomas, 57
Buxton, Sir William Fowell, 43
Caen-finny, The, 239, 240, 294, 295
Caesar's, Julius, description of Britain,
89, 90, 96-98, 105, 106
Callander, Earl of, 374
Canordes, Abbot of St. Brendan, 268
Cant, Rev. Andrew, 359, 360, 376
Canute, 173, 174
Car, Robert, Earl of Somerset, 71, 72
Caron, Joseph, 145
Carte's " Life of Duke of Ormond,"
30.3, 3°4
Cartier, Jacques, 144, 145
Carter, George, 43
Cashel, Council of, 269, 270
Caste, 22
Catherine of Ara<*on, 28
Catholicus, Archbishop of Tuam, 268
Cave, Elizabeth, of Inglesbie, 78
Cecil, J., 46
— , Mr.W., 46, 48
Ceiles ; Irish Clansmen, 241, 242
Celts, Early landholding system of, 232,
233
Ceremonies, extant, derived from Druid-
ism, 112
Champlain, Samuel de, 145 — 148
Chapel of St. Anthony, Edinburgh,
391, 392
Charles I., Scottish campaign of, 364
INDEX.
415
Charles IV., Emperor of Germany,
327, 328
Charters of Sir William Crichton, of
Ilk, 407
James Crichton, of Frendraught,
407
Elizabeth Lauder, 407
— Sir Richard Thomson, Preceptor
of St. Anton's, Leith, 408, 409
— James VI., 409-411
• John Hay, 410
Chattels, Law of, among early Irish,
248—250
Cherry, Sir William, 55
Chichester, Sir Arthur, 280, 292
Children, position of, in primitive socie-
ties, 12, 15, 1 6
Chisheshly, Lady Henry, 58
Christian I. of Denmark, 224
" Christ Triumphant," a sacred drama,
by Foxe, 29
Chronicle, Bede's, 202, 203
— , The, of St. Alban's, 203, 204
Chrysostom, 381
Church, The Irish, under the Stuarts,
297
, The Irish, at the Conquest,
260 — 262
Cilly Barbara of, 327, 330
Frederic, Count of, 328, 329,
334
Hermann, Count of, 327-329
Louis, Count of, 328
Margaret of, 328
The Counts of, 327-338
Ulric, Count of, 327-331, 334-
336
Clanricarde, Earl of, 279, 306, 307
Cledden, Richard, 55
— , Jovian, 55
Clontarf, Battle of, 260
Clotworthy, Sir John, 317
" Clym of the Clough," 225
Coinage, The, of Harold II., 214, 215
Colburne, Margaret, 77
Colleges, Early Irish, 252
Commonplace Book, the, of Dr. Samuel
Fox, 54-57
, Dr. Thomas Fox, 57, 58
Commission to William Morton, pre-
ceptor of St. Anton's, Leith, 408
of Pope Leo X. to Richard
Thomson, 408
Company, the, of One Hundred Asso-
ciates, 147, 151
of Montmorency, 147
Conde, Henri de, 146
Confiscation of the Ranelagh Estates,
303—305
Constance, brother of William the Con-
queror, 192
, Council of, Irish bishop at, 254.,
255
Conway, Lord, 374
Cook, Captain James, 160
Copland, Richard, 45
Coracles, 114
Corambona, Vittoria, 47
Corbet, Dr., 65
-, Miles, 314
Costentus, Geoffrey de, 273
Covenant, The Scottish National, 355,
359, 360—379
Cranfield, Lionel, Lord Treasurer, 32
Crawfurd, Sir Alexander, 386, 405
— , Sir John, 404, 406
, Sir William, 404
Crespin, Hesilia, 202
Crichton, Lord, 361, 362, 365, 372
— , William, Lord, Chancellor of
Scotland, 385, 404, 407
Cromlechs, 99, no
Cromwell, Oliver, 312, 314
Cross, Walter, 272
Crown Point, Capture of, 163
Cuninghame, Lady Margaret, Countess
of Lauderdale, 356
Curranie, John, 80
Customs, social, among the Auseans, 6
Egyptians 13, 15, 16
Maiays, 4, 17
Nairs of Malabar, 15
North American Indians, 23, 24
Pelasgians, 23
Romans, 17
Daer-stock, Law of, 249
D'Aigullon, Madame, 149
D' Aillebout, Governor of Quebec, 1 50
Dalgettie, Laird of, 365
Dallow, Edward, 80
Philip, 80
Danish invasions of Ireland, 258-260
Danvers, Lord, 66
D'Argenson, Baron, Governor of Que-
bec, 150
D'Avangour, Governor of Quebec, 150
Davenport, Christopher, 59, 79
Elizabeth, 80
Davis, Sir John, " Reports," 23-79,
257, 267, 268, 277—279, 288, 289,
294, 297. 301
Day, John, 29—31
Debentures, Cromwell's, 313, 314
De Breonne, William, 273
De Brito, Milo, 272
De Burgh, Richard, 273
— , William, of Aspatria, 272
416
INDEX.
De Conteville, Herluin, 185
De Felder, Richard, 273
De Gray, John, 272
De la Corne, General, 157
De Laval, Apostolic Vicar, 1 50
De Lausons, Governor of Quebec, 150
De Londres, Henry, Archbishop of
Dublin, 273, 274
De Mesy, Governor of Quebec, 1 50
De Meulles, Intendant of New France,
155
De Naas, William, 272
Denny, Sir Edward, Earl of Norwich,
56, 64, 208, 209
, Henry, 56
, Sir Antony, 64
Dering, Mrs. Antony, 58
Desmond, Earl of, 279, 288, 290
De Thouars, Aymer, Viscount, 196
Diary, The, of Dr. Samuel Fox, 43—48
, Dr. Thomas Fox, 57, 58
Diceto, Radulphus de, 269
Dickson, Rev. David, 359, 360
Digby, Kenelm, 228
— , Lord, 81, 374
Dillon, Viscount, Case of, 307 -310
Dodd, Dr. Roger, Bishop of Meath, 55
Donatus, of Padua, 252, 253
Donegal, Marquis of, 289
Donne, Dr., Dean of St. Paul's, 62
Dorlase, Chief Justice, 311
Dorrell, Mrs., 58
Douglas, Sir William, of Cavers, 359
— , Rev. Robert, 359
Drake, Francis, 47.
Drakul, ruler of Wallachia, 331
Drogheda, Sack of, 312
Druidism, 105, 106
Drum Castle, Siege of, 371
Dublin, Patrick, Bishop of, 261
Dunse Law, Action of, 364
Duquesne, Fort, capture of, 156
Durrell, Admiral, 158
Edgar Atheling, 180
Edisried, Rodolph de, 217
Edith, Swan-necked, Queen of Harold
II., 178—200, 214
Edmund Ironside, 174, 180
— , son of Harold II., 175, 214
Edward the Confessor, 176—181
, I-, 274
, the Outlaw, 180
Edwards, Adam, 77
Edwin, Earl, 180, 189
Einsiedln, Abbot of, 219
Elcome, Thomas, 59
Eleatic school of Greek philosophy,
13°
Elizabeth, Queen, 31, 32, 40, 41, 282 —
284, 287, 288
, Queen of Bohemia, 330
Elizabethan settlements in Ireland, 284
Erskine, John, of Dun, 360
, Lady Barbara, 392
— — , William, 369, 370
Epitaph of Harold II., 208
Esmond, Lord, 304, 305
Essex, Earl of, 55
-, Countess of, 71, 72
Ethelmaer, 174, 175
Etterlin, Petermann, 221
Europe, Early settlement of, Biblical
account, 230
Eustace, Christopher, 290
, Count of Boulogne, 195, 196
, James, 290
Fabyan's, Chronicle, 204
Faioum, Monastery of, 381
Falkland, Lord, 306
Farmer, John, 208, 212
Farquharson, Donald, of Monaltrie, 379
Feistritz, siege of, by Hunyadi, 332,
333
Fire, St. Anthony's, 382 — 384
Finch, Sir Moyle, 32, 33, 44, 54
, Anne, 54
Fiscal division of Ireland by Henry II.,
269
Fitz-Adholm, William, 266
Fitzgerald, Sir William Fitzpiers, 304,
305
, John, 290
— , Maurice, 265
Fitzgibbon, Lord Chancellor, Earl 01
Clare, 322
Fitzhenry, Meyler, 272
Fitzmaurice, Gerald, 272
— , Thomas, 272
Fitznorman, Elyas, 272
Fitz-Osborn, William, Norman baron,
182, 192, 196
Fitz-Reinard, Robert, 266
Fitz-Stephen, Robert, 265
Fitz-Thomas, Maurice, of Desmond,
278
Fitzwilliam, Lambekin, 272
Flaths, Irish landholders, 241, 242, 243
Florence of Worcester, chronicle of,
179. !83> 190, 196
Forbes, Alexander, Master of, 378
— , Lord, 361, 362, 365. 372, 373
, Patrick, Bishop of Aberdeen,
358, 373
, Rev. John, D.D., of Corse, 361
— , Sir William, of Craigievar, 365,
377
INDEX.
417
Forfeiture of lands in Ireland, 313-322
Forrester, Matthew, 387, 388
Fosterage, custom of, among the early
Irish, 250
"Four Masters, Annals of the," 243,
244
Fox, Agnes, 60
.Alice, 42, 57-59, 78,80
, Andrew, 59
, Ann, 44, 49, 54, 56> 59
, Captain Robert, 35, 41, 42, 49,
50, 55, 58, 59, 69, 7I-85
-, Daniel, 59
, Dr., 60
, Dr. Edward, Bishop of Hereford,
28
, Dr. Samuel, of Warlies, 29, 34,
35. 39, 4°-6o, 76
, Dr. Simeon, 35, 39, 42, 50, 51,
55, 57, 58-6i, 63
— , Dr. Thomas, 40-42, 49, 50, 54,
5». 57, 59, 62-71
, Elizabeth, 59
, Gregory, 59
, Hannah, 59
, Isaac, 60
, James, 59
Jane, 41,55, 71
, John, 33, 41, 54, 55, 71
— , John, the Martyrologist, 28-39,
59, 62, 63
, works of, 29-34
, Lawrence, 59
, Mary, 32, 59
, Ralph, 32, 59
, Reynold, 59
, Samuel, 59
, Sarah, 41, 56, 59
, Thomas, 59
-, Ursula, 49, 50, 55-57, 59, 73, 76,
78
, William, 59, 60
Frangipan, Count Gregory, 335
Fraternity, the, of St. Anthony's
Monastery, Leith —
, benefactors of, 403-405
, dress of, 382
, form of worship, 401, 402
, form of admission, 399-401
, forms of absolution, 396-399
, obituary of, 405, 406
, patent of, 394, 395
, possessions of, 384, 386, 388
, preceptors of, 384-388
, privileges of, 386
, rules of, 399, 400
Frazer, Lord, 361, 362, 365, 366, 372,
378
Frederic IV., of Austria, 329, 331, 336,
337
Freemen and serfs among the Irish,
241
Frontenac, Fort, capture of, 156
Ftteders, Irish labourers, 242, 243, 250
Fuller, Dr. Thomas, 36, 64, 70, 211
Galasius, Bishop of Armagh, 270
Gardner, Bishop Stephen, 28
Garth, brother of Harold II., 175, 193,
198, 199
Gavelkind, a land system, 239, 295
Geoffrey of Monmouth, 108
Geoffreys, Rev. Mr., 56
Gerrard, Lady Catherine, 56
, Lord, 8 1
Gessler, Hermann, 226
Gifford, Walter, 196
Ginkel, Earl of Athlone, 321
Glencairn, Earl of, 365, 366
Glendalough, Thomas, Abbot of, 272
Godwin, Earl of Kent, 173-176, 184,
192
Gordon, Alexander of Earlston, 374
, Captain James, 365
-• — , Captain Nathaniel, 365, 368
, George, Lord, 377, 379
, James, Lord Aboyne, 365-367
, James, "Scots Affairs, "355
, John, of Inchstomock, 369
, John, Lord Aboyne, 357
, Laird of Gight, 366
, Ludovick, 378
, Sir John, of Haddo, 376
Gorz, Count John, 335, 337
Gospels, paraphrase of, by Erasmus, 38
Government, municipal, of Quebec, 151
, patriarchal, 25
Graham, Sir Richard, 303-305
Grandpre, settlement of, 144
Grantmesnil, Hugh de, 196
Grants of land in Ireland, 271-273,
321, 322
Gray, Michael, Preceptor of St. An-
thony's Monastery, Leith, 384, 386
, Obligation of, 407
Greene, Edward, 49
•, William, 51
Gregory, Nazianzan, 381
XIII., Pope, 47
resham, Mrs. Ursula, 55
riffith, King of Wales, 178
rineus, Jacob, 45
uild, Rev. Principal William, 359^.
360
unhild, 175, 176, 214
unn, Colonel, 365, 367, 368
EE
418
INDEX.
Guthrie, Rev. Henry, of Stirling, 373
, Rev. John, Bishop of Moray, 372
Gwinne, Dr., 61
Gynocracy, 15
Gytha, 174, 176,214
Racket, Colonel, 379
Hailes, church lands of, 385
Haliday, Sir Alexander, Preceptor of St.
Anthony's Monastery, Leith, 385
Hall, Robert,;. P., 55
Haliiwell, William, of Waltham, 23
Hamilton, Marquis of, 364-366
Hapsburg, Counts of, 216-219
Harald Hardrada, King of Norway,
179, 1 88, 224
Harding, John, of Brazenose, 31
Harold II., last Saxon king, 173-215
— -, "Bluetooth," 223
, grandson of Harold II., 214
Harvey, Dr., 61
Hastings, battle of, 190197
Hatley, Rev. Nathaniel, of Waltham,
71
Havering Palace, 40, 41
Hay, Daniel, 389, 410, 411
, Honora, 7°
, James, Earl of Carlisle, 70, 71,
206-208
-, John, Clerk of Session, 388, 389,
409-411
— — , Richard, Canon of St. Geneve,
356, 735
Hebert, Louis, 147
Henderson, Rev. Alexander, 359, 360
Heneage, Anne, 32, 33, 44, 54
, Elizabeth, Countess of Winches-
ter, 32, 44, 54
, Robert, 32
, Sir Thomas, of Copt Hall, 32,
40, 44, 54
Heniy II., letters of, 264, 266
II, 262-271
— — , treaty with King Roderic, 268
- — VIII, 28, 278-281
, of Huntingdon, 190
Hervey, of Mountmorris, 265
Higden, Ralph, chronicler, 203
Historical Repetition, 329 — 353
" History of the Church" by Fox, 29,
30
Holland, Earl of, 364
Holmes, Admiral, 158, 163
Homberg, Wernerde, 218
Honywood, Anna, 58, 63, 69
-, Antony, 64
, Elizabeth, 58, 63
, Henry, 58, 64
-- » Lady, 58
Honywood, Mary, 63, 64
, Michael, 64
, Robert, 58, 63
Hospitalities ; a form of tribute, 229
Hovenden, Roger, 186, 190, 266
Howard, Thomas, Duke of Norfolk, 282
Ho well, Hugh, ap Prys, of Mossoglen,
55
, Jane, 55
, Llowarch, ap Bran, 55
Huber, Dr., Swiss historian, 217, 218,
221, 222, 226
Humbertus, Augustinian General at
Vienne, 384
Humphrey, Dr., 34
Huntly, Marquis of, 361-363, 370,
375-378
Hunyadi, John, the Great, 331-334
, Ladislaw, the Younger, 334-336
, Mathias Coryinus, 336, 337
Idealism and Realism; their historical
development among the Greeks, 117-
143
Ingibiorg, granddaughter of Harold
II., 214
Ingulph, chronicle of, 187
Innes, John, 387
Innocent III., Pope, 271
Inventory of Documents connected with
St. Anthony's Monastery, at Leith,
406-412
Inverlochy, battle of, 378
lona, destruction of by the Danes, 258
Ireland, depopulation of, 313-316
early missions in, 251-254
early notices of, 233-235
Norman conquest of, 264-269
settlements in under the Stuarts,
288, 300-303
under the Stuarts, 303, 304, 306]
-^— under the Tudors, 279-288
Irenseus, the founder of Christianity in
Ireland, 251
Irvine, Sir Alexander, of Drum, 371,
375
Isle aux Noix, 163
Jaffray, Alexander, 360, 367
James I., 321, 403
- II., 305
Jamesone, George, painter, 356
, Mary, 356
Jamestown, settlement of, 145, 146
Japan, Envoys of, at Venice, 46
Jervis, Sir John, 160
Jewell, Bishop, 31, 37
John, King, 271, 274
, XXIII., Pope, 274, 27"?
INDEX.
419
Johnstone, Colonel William, 363, 367,
368
, Robert, of Crimoiid, 363
Jones, John, Irish Commissioner, 314
Jonson, Ben, 64-66
Joscelin, of Poictiers, 382
Justinger, Conrad, 221
Kaplir of Sniewitz, 335
Keith, William, Earl Marischal, 360,
362, 366, 369, 372, 377
Kennedy, James, Bishop of St.
Andrews, 385, 403
Keppel, Earl of Albemarle, 321
Kildare, Earl of, 290
Kilkenny, Council of, 275
Kilsyth, battle of, 379
Kirkt, Louis, 147
— , Sir David, 147
— , Thomas, 147
Klingenberg, family of Thurgovia, 221
Knight, Nicholas, 60
Kormend, battle of, 337
Ladislaus, Postumus, King of Hun-
gary, 328, 331, 334-337
La Motte St. Didier, Church of, at
Vienne, 382
Land, early divisions of, among the
Irish, 44
Landholding, history of, in Ireland,
228 — 326
, confiscation in Ireland, 288-326
, feudal, in Ireland, 264-288
, Scandinavian, in Ireland, 256-
263
-, systems of, in Ireland, 236-326
— , Tanistry System in Ireland,
236-255
Lane, Dr. Carter, 53
Lanfranc, 260
Lascelles, Res Gesta Anglorum in
Hibernia, 284, 292
Latham, Mr., "Elements of Philology,"
231
Laud, Archbishop, 360
Laupen, battle of, 227
Lawrence, Colonel, 316, 317
Laws affecting Irish Papists, 323-326
League, Hanseatic, 216
Leckie, Laird of, 373
Lee, Sir Henry, 33
— , Sir Robert, 55
Le Gros, Sir Raymond, 265, 266
Leicester, Lord, 47
Le Moine, Simon, 150
Leofwine, brother of Harold II., 175,
193. 199
Leo X, Pope, Bull of, 387
Lesley, Captain George, of Balgonie,
3^, 374
, General Alexander, Earl of
Leven, 362-366, 374
— , General David, 362, 374, 379
, Lord Lindores, 362
, Sir Patrick, Provost of Aber-
deen, 360, 378
Letters of Agnes Foxe, 34
, Admiral Pennington, 74, 75
, Captain Robert Fox, 72, 73
— , James Hay, Earl of Carlisle, 70
, Sir Thomas Heneage, 40
, Dr. Samuel Foxe, 51-53
, Dr. Thomas Foxe, 65
— , John Foxe, 34, 35
Leveson, Anne, 40-42, 44, 48, 50, 54,
56, 57
— — , Grisel, 56
— , Mary, 55
— , Sir J ohn, 54
Ley, Sir James, Chief Justice of Ireland,
300
Lmacre, Dr. Thomas, 58, 61
Lindsay, Jeremiah, of Dinyne, 389,
412
Lismore, Christian, Bishop of, 270
— , college of, 252, 260
Logan, Katherine, 403
— , Edward, 405
, Gregory, 404
, Patrick, of Coitfield, 404, 405
— , Sir James, of Restalrig, 404
— , Sir Robert, of Restalrig, 384,
403, 405
, William, of Coitfield, 404
Lorette, Canadian settlement of, 149
Lothian, Earl of, 359, 374, 378
Loudon, Lord, 359
Louisbourg, Fort, capture of, 156
Lou vain, Henry, Duke of, 210
Lovel, William, 42, 43, 55
Ludlow, Edmund, 314
Ludquharn, Laird of, 365
Lumsden, Sir James, 374
Lundie, Margaret, 387
Luxemburg, Henry of, 218, 219
Lyndesay, Sir David, 388
Magnus, son of Harold II., 175, 214
Maine, Sir Henry, I, 4, 7, 14, 246-
248, 250
Malcolm, Canmohr, 189
Malet, Sir Alexander, 183, 187
, William, 202
Malfred, granddaughter of Harold. II,
214
Marisco, Geoffrey de, 273
Marshall, William, Earl of Pembroke, 273
420
INDEX.
Mary, Queen of England, 46
Masere's " Gesta Gullelmi," 196
Massingbred, Sir Oswald, 290
Masson, John, 59
Matilda of Flanders, 185
Maximian, Roman Emperor, 381
Maxwell, Provost of Dumfries, 376
. Megra-hill, battle of, 367, 368,
Menzies, Sir Paul, 359
Merlinus, Ambrosius, 112, 113
Mervyn, Sir Arthur, 317
Middlemas, Samuel, 77
Middlemore, Samuel, 57
Middleton, Bruce, 46
, John, Earl of, 368
Milesius, founder of Irish Monarchy
234
Milton, Laird of, 379
Monarchical Government, origin of, 1-4
Monastery of St. Anthony, at Leith,
account of, 380-412
Monckton, General, 158, 161, 162, 164,
1 66, 1 68
Mondes, Mrs. Jane, 55
Monro, Major-General, 358, 364, 371-
373
Montaigne, Geoffrey de, 196
, Robert, Count de, 196
Montcalm, Marquis de, 155, 157-169
Montfort, Count Hermann of, 328
Montmagny, Governor of Quebec, 148,
149
Montmorency, Ducde, 146
, River, 158, 159, 161, 162
Montrose, Marquis of, 356, 359, 366-
370, 377-379
Monypenny, Master David, Rector of
St. Andrews, 404
, Ricardus de, of Pitmilly, 404
Moodie, William, Bishop of Caithness,
404
Morgan, Richard, 43
Morgarten, battle of, 220
Morkere, Earl, 179, 1 80, 189
Morphie (Graham) Laird of, 360
Morton, Dr. Thomas, Bishop of Dur-
ham, 64
, William, Preceptor of St.
Anthony's Monastery, Leith, 386
Mountford, Dr., 61
Mountjoy, Lord, 288
Moyle, John, 58
Munk, Dr., 6 1
Murray, General, 158, 163, 165, 166,
1 68
Mylne MSS., the, 355, 356
Nassau, Adolf, Count of, 217
Nazing, parish records of, 60
Nennius, early British historian, 108
Neville, Margaret, 77
Newburn, battle of, 374
Niagara, Fort, capture of, 163
Nicoll, Jasper, 73
Norris, Sir John, 61
Nowell, Dr., Dean of St. Paul's 33
O'Brian, Murad, 273
, Phelim, 303—305
O'Callaghan, Cahir, 298 — 300
O'Connor, Roderic, King of Ireland,
264, 268, 269
O'Currey, Professor, 241, 244, 246
Odo, Bishop of Bayeux, 185, 192, 194
O'Dogherty, Sir Cahir, 300
O'Donnell, Cathbar, 245
, Daniel, 245
, Sir Hugh, of Newport, 246
O'Donnovan, Dr., 246
Ogilvie, Laird of Boyne, 378
, Thomas, Lord, 378
Ogilvy, Sir George, of Banff, 366, 372
Olaf, son of Harold Hardrada, 190
> Tryggvasson, 223, 259
Ollambh Fodhla, Code of, 234, 235,
244
O'Neill, Donald, 274, 275
, Earl of Tyrone, 288
, Shane, 279, 288, 290
Ordericus Vitalis, 181, 184, 202 '
Orleans, Isle of, 149, 158, 163, 164
Ormond, Earl of, 279, 282, 288
, Marquis of, 312
Orrery, Earl of, 317
Ortemburg, county of, 327
O'Ruarc, Prince of Breffrey, 268
Osgood, Canon of Waltham, 191, 200
Ouessant, 89, 90
Oughton, Macwilliam, 279
Overbury, Sir Thomas, 71, 72
Paget, Lord, 46
Palladius, apostle of Ireland, 251
Palliser, Sir Hugh, 160
Papeson, Cardinal, 262
Park, Laird of, 366
Parker, Archbishop, 38
Parkins, Dr., 46
Parsons, Christopher, 68
, Sir William, 303-305, 311
Paul III., Pope, 383
, son of Harald Hardrada, 190
Pean, Madame, 154
Pearl-fisheries in ancient Britain, 103
Peckern, action of, 331
Peltrie, Madame de la, 149
Pembroke, Richard, Earl of, 265
Pennington, Admiral Sir John, 74
INDEX.
421
Perrot, Sir John, 288
Peter, of Ickham, 203
Petty, Sir William, 314-316, 319
Philiphaugh, battle of, 379
Philology, comparative, as a guide to
history, 9, 10
Philosophy, principal leaders of early
Greek, 121-124
, principles of early Greek, 124-128
Piers, Bishop, 61
Pigs, St. Anthony's, 382, 383, 388
Plato, 138-140
Plunket, Nicholas, 309
Point aux Trembles, 163
Levis, 158, 161, 163, 164
Poitou (Pictaviensis), William of, 198,
199, 202
Pole, Cardinal, 263
Polton, Thomas, 45
Port Royal, 144
Poyntz, Sir Nicholas, of Acton Park, 32
Prendergast, Maurice de, 265
— , Philip de, 273
Prideaux, Dr., 64-66
Priesthood, hereditary, 19
Prior, Lord, 46
Privy Council, order of, 315
Provins, Guy de, 383
Psalter, the, of Cashel, 234, 244, 259
, Columba, 245, 246
, Tara, 235, 244
, Teamhair, 244
Purdie, Margaret, 389
Puritanism, Greek, 130, 131
Pursai, Marquis de, 321
Pynmer, Sir Nicholas, 302
Quebec, early history of, 144-148
, governors of, 146-150
, origin of name, 146
, Jesuit college of, 148
, siege of, 157-172; Journal of
siege, 159
Raleigh, Sir Walter, 283
Ralph, the Black (Radulphus Niger),
»73. 174
Ramezay, Madame, 169
Ramsay, Captain Andrew, 369
— , Rev. Andrew, 359, 373
Randall, Agnes, 28, 34, 36
, Anne, 62, 64
— , Henry, 34
, Mary, 54
, Thomas, 47
Raphael, James, a Frenchman, buried
in Harold II. 's tomb at Waltham,
212, 213
Ravigney, Earl of Gal way, 321
Rebellion, the Irish, of 1641, 310-312
Recollets, the, a Franciscan order, 145
Regensberg, Liitold of, 219
Reginald, of Waterford, 267
Register, Stationers', 29, 33, 43
, Metrical, of Marian martyrs, 29
" Rehearsal of Events, the," 354-379
"Relations, the Jesuit," an historical
record, 148
Remains, Druidical, in England, 107-109
— , in France, 109-111
" Rental Buke of Sanct Anthoni's and
Newhaven," 392
Renunciation, Document of, 384, 385
Resignation, Instruments of, 408-411
Richard, Count of Evreux, 196
— II., 275
Richmond, Duchess of, 28
Ridley, Bishop, 29
Rig Tuatha, or Irish King, 242, 243, 245
Roads, Roman, in Britain, 101, 102
Robert, of Gloucester, chronicler, 200
Robinson, Professor, 160
, Timothy, 78
— , William, of CoddHall, 67-69
Roe, Sir John, 66
— , Sir Thomas, 66, 67
Rohaut, Reme de, 148
Rollock, Rev. Mr., 359
Rosenberg, Count of, 335
Ross, Euphemia, Queen of Robert III. ,
403
— , Rev. Alexander, 360
Rothes, Earl of, 359
Rowe, Sir William, 54, 55
Rowlandson, Lancelot, 46
Row, Rev. John, 376
Russ, Melchior, 221, 222
Saer-stock, law of, 248, 249
Sannabar, action of, 330
Sasine, Instruments of, 408, 409, 411
Saunders, Admiral, 158, 169
Saxo Grammaticus, 222, 223
Sceorstan, battle of, 174
Scholars, early Irish, 252
, societies of, 254
School, Merchant Taylors', 43
Scott, Sir John, 361
Scrogie, Rev. Alexander, 361, 373
Seaforth, Earl of, 379
Searle, John, 55
Seignel, Robert, 272
Seisreach, the Irish " hide of land,"
243, 244
Sempach, battle of, 227
"Seticlius Mor," St. Patrick's Code,
229, 244, 246-250
Senlac, position of, 193
•422
INDEX.
Seton, John, of Pitmedden, 368
Settlements, Dutch, in America, 146
Sherly, Mrs. Judith, 58
Shipton, canonry of, 31
, lease of, 69, 70
Sibbald, Rev. James, 360, 361, 373
Sidney, Lord Romney, 321
Sigismund, Emperor of Germany, 328,
336
Sigurd, King of Norway, 189
Silenen, Arnold de, 217
Sillery, M., Knight of Malta, 149
Singleton, Hugh, 29
Sixtus V., Pope, 47.
Skay, Thomas, 69
Smith, Alice, 75
, John, 68
Society, origin of, 5, II, 20, 21
Socrates, 134-138
Sonneck, Barbara, of, 328
— — Hermann, Baron of, and Count of
Cilly, 327
, Ulric, Baron of, and Count of
Cilly, 327
Sophists, the, 132, 133
Southampton, Earl of, 6l
Spakling's " Memorable Transactions,''
358
Spelman, Sir Henry, 307-309
Spenser, Edmund, "View of Ireland,"
237, 238, 280, 283-286
Spillmart, James, F. R. S., 43
, Julia, 43 '
Springe, Mrs., 55
St. Anthony, 380-382
St. Columbanus, 254
St. Gall, apostle of Switzerland, 252
St. Leger, Sir Anthony, 280
St. Patrick, 251
Stafford, Sir P., 48
Stamford, battle of, 179, 188-190
Staufacher, Bailiff of Schwytz, 217
Sternberg, Count of, 335
Stewart, Ann, of Ballechun, 362
, Sir Ludovic, of Kirkhill, 356
Steydeck, action of, 329, 330
Stigand, Archbishop, 181, 183, 185
Stirling, Sir George, of Keir, 359
Strachan, John, 369
Strathauchin, Annabel, 405
, John, 4^4
, Viscount, 404
— •— , William of, 404
Succession, Female, in Ireland, 276
Suffolk, Duchess of, 29
Suger, Abbe, 382
Sulgen, Bishop of St. David's, 253
, John, Descr.ption of Ireland, 253,
254
Surrender, Instrument of, 67-69
Sutherland, Earl of, 379
Sweyn, brother of Harold II., 175, 176
, King of Denmark, 189
Swift, Dean, 324
Szekelyi, nephew of Hunyadi, 333
Taillefer, 193, 194
Talbot, George, 46
, George, Earl of Waterford, 282
Tanistry, system of, 233, 236-255, 282,
291-296, 300
Tapestry, the Bayeux, 184, 185
Taylor, Robert, poet, 207
Tell, William, foreign myths of, 222-226
-, family of, 222
Tenure in capite, 308-310
Terry, Sir William, 56
Thompson, Henry, 58
Thomson, Richard, Sacristan of St.
Anthony's Monastery, Leith, 387,
400, 408, 409
Throgmorton's Conspiracy, 47
Tippermuir, battle of, 377, 378
Toggenburg, Counts of, 219
Toman, Count of Croatia, 334
Tomb of Harold II., 207, 208
Tombstone Inscriptions, 60, 62, 63
Toni, Ralph de, 196
Tostig, brother of Harold II., 175, 176,
179, 188-190
Townshend, General, 158, 161, 162,
165, 1 66, 1 68, 169
Tracy, Governor of Quebec, 149
Treatise on the Eucharist, by Foxe, 31
— , on Justification, by Foxe, 34
Trimleton, Lord, 282
Tullibardine, Lord, 365, 366
Turgesius, Danish Chief, 258, 259
Turing, Thomas, 385
Turreff, town of, 366
Twysden, Judge, 54
— , Sir William, 54
Twysden's "Decem Script ores," 54
Ulf, Sprakalegr, 174, 175
— , son of Harold II., 175, 214
Ulster, Baronets of, 307
— , Settlement of, 288, 300
, Tenant Rights, 302
Urban, Pope, 271
Urrie, Colonel John, 378, 379
Uvedale, Dr., 211
Valoignes, Hamonde, 272
Vaudreuil, Marquis de, 154
Vere, Martin, 46
Vico, 2, 5
Victring, Abbot, John of, 221
INDEX.
423
Villiers, Elizabeth, Countess of Orkney,
321
ViniStatuta, 386, 389 .
Vita Haroldi, 198, 199
Vitovetz, John, Bohemian partisan, ex-
ploits of, 329-334, 337, 338
Wace's Chronicle of the Norman Con-
quest, 183, 184, 186-188
, "Roman de Brut," 1 86
— , " Roman de Ron," 184
Wake, Miss, 74" '
Waldemar, King of Holingard, 175,
214
Walker, Dr., 46
Waltham Abbey, 177, 186, 187, 190,
191, 197-203
, churchwardens' accounts of, 59,
60, 78, 8 1
, Foxe's house at, 28
, MS., the, 201, 206
, parish records of, 32, 37, 38, 59,
77, 78, 80
Waltheof, Earl, 205
Wardlaw, Henry, Bishop of St.
Andrews, 384
Warenne, William de, 196
Warlies, estate of, 41-43
Warner, Ursula, 58
Washington, George, 156
Weaver, John, Irish Commissioner, 314
Well, St. Margaret's, 392
Wendover, Roger of, 190, 204
Wentworth, Sir Thomas, Earl of Straf-
ford, 306, 310, 312
Wilkina Saga, the, 224
Wilkinson, Dr., 66
William, Duke of Normandy, 179,
181-184, 188, 191-198
, Evreux, 196
, HI., 321
, Malmesbury, 174, 183, 197, 199
Willoughby, Richard, 46
Wills, the, of Samuel Fox, 48-50
, of Henry Wollaston, 79
, Thorne, 78
Willys, Agnes, 80
, Adeliza, 80
Willys, Anne Fox, 58, 59, 79, 80
; Colonel William, 58
Henry, 80
Hester, 43
lone, 80
John, 80
Lady Alice (see Foxe, Alice)
Lady, of Ditton, 58 .
— Richard, of Ditton, 79
Sir Richard, 58, 59, 70, 79-82
Sir Thomas, 79, 80
— Sir Thomas-Fox, 42, 58, 79, 80
Sir William, 43
William, of Hackney, 42, 80
"Winch, Sir Humphrey, Chief Justice
of Ireland, 300
Winkelried, Arnold de, 227
Winterthur, John of, 220
Wladislaw, King of Poland, 330, 331
Wolfe, General, 156, 158-172
Wollaston, Edward, 50, 56, 76, 77
, Henry, of Fishers, 50, 56, 57, 59,
68, 75-81
, Anne, 56, 76, 77
, Elizabeth, 77
, Francis, 76, 78
, Judith, 78
, Oliver, 78
, Richard, 78
— , Samuel, 76, 77
, Sarah, 77
, Thomas, 76-78 . ..'
, Ursula, 76, 77
— , William, 76, 78
Wollastons, the, of Shenton, 75
— , the, of Waltham, 77-79
Wood, Owen, Dean of Armagh, 55
, Hugh, of Tallylyn, 55
— , Sir Henry, of Bonnington, 359
, William, of Woodhall, 55
Wulfnoth, brother of Harold II., 174-
I76
Wyss, George de, 226
Ysbrand, Alward, 404, 406
Zagoria, county of, 328
Zulistan, Earl of Rochford, 321
ERRATA.
Page 47, line 7, for dog, read dag.
,, 47, „ IS, „ "age call, „ tragical
» 53, »> *7, »i awful, „ lawful.
»» 53, >> 3°, „ alces, ,, aloes.
„ 58, ,, I7» „ egunt, ,, agunt.
,, 280, ,, i, „ Roman, ,, Norman.
,, 280, ,, 3, „ Hibernus, „ Hibernis.
,, 282, ,, 7, ,, Harvard „ Howard.
>, 3O2, ,, 23, ,, latter, ,, letter.
,, 307, ,, 15, „ Dilton, ,, Dillon.
„ 312, „ 8, „ Stafford, „ Strafford.
Rl 1 m • '.i
'
DA
20
R9
v.5
Royal Historical Society,
London
Transactions
PLEASE DO NOT REMOVE
CARDS OR SLIPS FROM THIS POCKET
UNIVERSITY OF TORONTO LIBRARY
n