ALLEN COUNTY PUBLIC LIBRARY 3 1833 01745 2019 GENEALOGY 942.3101 W714M 1871-1872 Digitized by the Internet Archive in 2014 https://archive.org/details/wiltshirearchaeo1318godd THE WILTSHIRE 3trl|ttoli!giral nni Jkteral lisfort) MAGAZINE, |9u6It^t)ctf unHev tije JBtrettton at tf)e J^irietg FORMED IN THAT COUNTY A.D. 1853. VOL. XIII. DEVIZES : H. F. & E. Bull, 4, Saint John Street. LONDON : Bell & Daldt, 186, Fleet Street; J. R. Smith, 36, Sono Square. 1872. DEVIZES : PRINTED BY H. V. & B. BTTLLj SAINT JOHN STREET. CONTENTS OF VOL. XIII. No. XXXVII. Account of Seventeenth General Meeting at Wilton, 14th, 15th, and 16th September, 1870 1 Roman Remains found at Holbury, near Dean : By the Rev. G. S. Master, M.A. 33 Gleanings from the Wiltshire Domesday .(II.) : By the Rev. W. H. Jones, M.A., F.S.A 42 Bishop Tanner, his Family and Writings : By the late Rev. E. Wilton, M.A 59 On the Stone Avenues of Carnac : By the Rev. W. C. Lukes, M.A., F.S.A 78 On the Occurrence of the ' 1 Chalk-rock " near Salisbury: By W. Whitaker, B.A 92 Remarks on Wilton Church. By the Rev. D acres Olivier, M.A. .. 93 Notes on a Long Barrow on Oldbury Hill , , 103 Donations to Museum and Library 104 j"* if} /(T> if"1 No. XXXVIII. The Sheriff's Turn, Co. Wilte, A.D. 1439 : By the Rev. Canon Jackson, F.S,A 107 Records of the Rising in the West, A.D. 1655: By W. W. Ravenhill, Esq 119 The Flora of Wiltshire (No. 14) : By T. B. Flower, Esq., M.R.C.S., F.L.S., &c, &c 189 The Museum and Library 224 iv. CONTENTS OF VOL. XIII. No. XXXIX. Rowley alias Witteahara : By the Rev. Canon Jackson, F.S.A 227 Records of the Rising in the West, A.D. 1655 (Continued) : By W. W. Ravenhill, Esq 252 The Saxon Church of Saint Laurence, Bradford-on-Avon : By the Rev. W. H. Jones, M.A., F.S.A 275 On a Roman Building at Holbury, near Dean : By the Rev. G. S. Master 276 On the " Fetter-lock" as a Cognizance of the Longs of Wraxal : By the Rev. Prebendary Jones, M.A., F.S.A 280 Account of Nineteenth General Annual Meeting at Trowbridge, 7th, 8th, and 9th August, 1872 285 Temporary Museum 815 Rood Ashton, &c. : By the Rev. Canon Jackson, F.S.A 318 On Long Barrows and Round Barrows : By John Thuknam, Esq., M.D., F.S.A 339 Donations to the Museum and Library 343 Illustrations Roman Drinking Cups and other objects, 36. Map showing the position of the Groups of Lines of Stones, 80. Plan of Kerlescant Lines, 81. IleEl-Lanic, Morbihan, 90. Square of Menhirs, Erdeven, 90. Megalithic Circle on Rombald's Moor, Yorkshire, 91. Ground Plan, &c, of Premises at Devizes, purchased by the Society, 224. Colonel John Penruddock, beheaded 1655, from a portrait in the possession of Charles Penruddocke, Esq., Compton Park, "Wilts, 267. Hugh Grove, beheaded 1655, from the portrait in the possession of Miss Chafyn Grove, Zeals House, 272. Saxon Church of St. Laurence, Bradford-on-Avon, 274, Doorway between Porch and Nave, Saxon Church, Bradford-on-Avon, 1872, 275. Plan of Foundations of Roman Building at Holbury, near West Dean, 276. The Fetter-lock, 280 No. XXXVII. NOVEMBER, 1871. Vol. XIII. THE WILTSHIRE Itrjiifnlogicnl anil Hated listottj AGAZINE. OF THE SOCIETY FORMED IN THAT COUNTY, A.D. 1853. DEVIZES : Printed and Sold for the Society by H. F. & E. Bull, Saint Joiin Sireet. LONDON : Bell & Daldy, 186, Fleet Street; J. R. Smith, 36, Soho Square. [Members who have not paid their Subscriptions to the Society for the current year, are requested to remit the same forthwith to the Financial Assistant Secretary, Mr. William Nott, 15, Hig'h Street, Devizes. Some of the early Numbers of the Wiltshire Magazine are out of print, but there is a supply of other Numbers which may be had by persons wishing to complete their volumes, by applying to Mr. Nott. NOTICE TO MEMBERS. The Annual Subscriptions (10 84 On Horn an Remains found at Holbury, near Dean. In vol. ii. of the Archaeological Journal, published in 1846, it is stated, on the authority of the late Mr. Hatcher, of Salisbury, that the site of an unexplored Roman villa exists in Clarendon Wood, about three miles from Salisbury, and that numerous coins have been there discovered. Mr. Hatcher was too accurate an observer to have made a statement in print which was without foundation. It is fair however to say that Sir Frederick Bathurst, the owner of Clarendon, has no knowledge of the circumstance, although he has in his possession a considerable number of Roman coins which have been found upon his property. At West Dean, four miles further on, a tesselated pavement was discovered as early as 1741, and brought under the notice of the Society of Antiquaries. A description of it is given by Sir Richard Colt Hoare in his History of Wilts. The central portion of it was extracted entire, and conveyed to London, where it was made a public exhibition, at an inn at Charing Cross. I have been unsuc- cessful in my endeavours to ascertain its subsequent fate, or to obtain a drawing of its design, which however is represented to have been a circle, composed of 28 intersecting circles, or segments of circles, of black and white tesserae, half-an-inch square, surround- ing a four-leaved white flower. In 1846, the Railway, then in process of construction, passed over the site, when the foundations of a very extensive villa were disclosed, and further portions of pave- ments were necessarily destroyed. They seem to have been composed of tesserae of various sizes, from an inch to a quarter of an inch square. A great quantity of these are still lying, untouched since that time, in a builder's yard close by, but they are so detached and broken up that they convey no notion whatever of the patterns of which they formed part. The specimens I have obtained are set in a coarse concrete of broken brick and mortar ; the larger tesserae are all of stone, about an inch square ; the smaller and finer ones formed squares or diamonds of red and white, each composed of four tesserae. Mr. Baring Wall, M.P., the then owner of the soil, caused further excavations to be made in a field adjoining the Railway Station, and disclosed the foundations of rooms and corridors, a ground plan of which, together with drawings of portions of the pavements, as then Bi/ the Rev. G. S. Master. 35 existing, made by the late Mr. Hatcher, are with other papers which belonged to that gentleman, in the possession of Mr. Stevens, one of the Secretaries of the Blackmore Museum, to whose kindness and courtesy I am indebted for the copies of them now laid before this meeting. The drawings show the pavements to have been of con- siderable beauty. I am not without hope that a future examination of the site, a portion of which is included within the limits of a meadow in my own occupation, may result in additional discoveries. And now I pass on to the more immediate subject of this paper. About a mile beyond West Dean, between the hamlets of East Dean and Lockerley, in the county of Hants, a little to the north of the railway, there is a wooded eminence known as " Holbury Copse," and corresponding with it a similar one further on, called " Cadbury." Both of these names are indicative of ancient encampments. The latter derived from the Keltic "cat" or "cad," praelium, and " bury," a place of defence, is not an uncommon designation of hill fortresses, and occurs in Gloucestershire, Somersetshire, and Devon- shire, as well as here in Hampshire. The former I suppose may be compounded of the Saxon " hoi," a hollow, or " holt," a wooded eminence, and " bury," as before ; this last, at all events, would be eminently descriptive of the position of the place. Two sides of a large rectangular entrenchment may be traced amongst the trees upon the highest ground in Holbury Copse, the corresponding ones having been obliterated by repeated removals of gravel and sand. At the north-east angle of this entrenchment jnv late discoveries were made, and were the result, as is usua UjOSMl^Qr Occident. A gamekeeper digging out a ferret from a rabbit-hole, had occasion to penetrate the bed of sand of which the ridge is composed, to a depth of three feet or more, and in so doing threw out numerous sherds of pottery. When these were brought to me, I saw at once that they were Roman, and having asked and obtained permission from Sir Francis H. Goldsmid, Bart., M.P., the owner of the property, to examine the nature of the deposit, fortified by the presence of the Rev. Edmund Kell, F.S.A., of Southampton, L. O. Fox, Esq., M.D., of Broughton, and the Rev. William Eyre, I made a careful excavation, in which, employing four labourers, I d 2 3G On Roman 'Remains found at Ilolbury, near Bean. was occupied four days in the month of March in last year, and which resulted in the discovery of at least a cart-load of broken pottery, the whole of which I have preserved in my parochial museum at "West Dean. Judging from the number of bases and sp on, there must have been fragments of more than a thousand separate vessels, a fair proportion of entire and uninjured ones being found among them. The question at once arose, to what were we to attribute this vast collection ? The quantity of the debris, the occurrence of unbroken amongst the broken vessels, the absence of all accompany- ing relics of human habitation, not a single bone, oyster shell, or other similar article (with the exception of a few coins and a small bronze object, to be hereafter described,) being discovered amongst the fragments, seemed to point to a manufactory rather than a dwelling. On the other hand, the nature of the soil — a deep bed of yellow sand — affording no possible material for the purpose, the situation of the spot — upon the edge of an artificial military em- bankment— and the fact that all the vessels, whether fragmentary or entire, bore marks of long wear and usage, gave conclusive evidence, we thought, in favor of another conjecture, that the place was the rubbish-hole of a great Roman Camp, and that the presence of uninjured vessels amongst the broken ones might be explained, perhaps, upon the supposition that they were purposely hidden, upon some sudden break-up of the encampment, with a view to their possible recovery at a future time. Upon this point, however, as upon some others connected with this investigation, I shall be grateful for such suggestions or corrections as the superior know- ledge of any member of our Society may enable him to afford. Some of the best specimens of the pottery are before you. They are of at least four kinds of clay, ranging from the coarse brown unglazed jars used for culinary purposes, to the so-called Samian ware ; this last, however, as is usually the case, in fragments, and with the edges much abraded. Of intermediate kinds, some are of a light sand-colour, unglazed, and very porous ; others of a harder clay not unlike that of which blacking-bottles are made ; and others again of a more fragile nature, and of a reddish colour. The coarser vessels consist chiefly of ollse or jars, used for cooking By the Rev. G. S. Master. 37 and for containing food. Of the larger sizes, as might be expected, no perfect examples have been fonnd. There are also shallow bowls for heating liquids, smaller pots perhaps for unguents, and saucers identical in shape with those now used for placing under flower-pots. These last, however, were employed as covers. There is one in the Winchester Museuni, which was found in Waterlane in that city, covering an urn containing ashes, and by overlapping the top of it, effectually preserving its contents from injury. Both are figured in vol. vi. of the " Archaeological Journal/'' p. 184. Here is a muti- lated but interesting example, the only one I have met with, of a saucer-shaped cullender or strainer, the bottom and rim perforated with holes and scored with lines, to facilitate the escape of the liquid. Only one bottle-shaped vessel was found uninjured ; it is very strong and heavy, though not of large size, and bears marks of having been placed upon the fire. The large quantity of necks, handles, and rims of store jars, jugs, and bottles, attest the use which the Romans made of all these articles. None of these objects have any ornament of any kind upon them. The bluish-black colour, not amounting to a glaze, still remaining upon some of them arises, I believe, from their having been baked in the smoke of vegetable substances. Of the rough-looking but brittle sand-coloured ware only a few, and those fragmentary specimens were found. The spout and handle of a large jug, probably a wine jar, a small two-handled amphora-shaped poculum, and two portions of lamps, perforated for their wicks, and discoloured by burning, are the best of these. A dull red clay, and a whitish clay coated with red, both very inferior to Samian in tint and lustre, seem to have been sparingly employed for pocula, jugs, and paterae, of which last but scanty remains and no uninjured specimens were discovered. Judging" from the fragments of the dishes, they must have been small in size, and few in number. There were some much worn pieces of a " mortarium,^ with its lining of sharp stones, for the abrasion of vegetables or grain. Of these two diminutive objects, both in fair preservation, one may have been, I think, the " salinum/' or salt cellar, the other the " acetabulum," or vinegar bowl of the Roman 38 On Roman Remains found at Holhiry, near Dean. table. An olla of small size, and some drinking cups of the whiter paste, some partially broken pocula of the red ware, with bands of slight tool- work upon them, portions of an elegantly shaped jug, and an oil flask, entire, with the exception of its handle, the two last-named vessels, ornamented with white, are the most interesting specimens I have to lay before you. But the bulk of the pottery exhumed was of the harder stronger ware to which I have referred, and consisted mainly of bases, lips and broken pieces of hundreds of drinking cups, ranging in size from the cyathus, or twelfth part of a pint, to the sextarius, or full measure ; the intermediate vessels were called sextantes, quadrantes, &c, according to the number of cyathi they contained. There were portions also, but no perfect examples, of larger jars and wide- mouthed bottles. Of the pocula many have the well-known thumb indentations : there is a fragment with circular ones, made perhaps by turning the cushion of the thumb round in the clay : others have rude attempts at ornamentation, by rough tooling and lines, or by dots and streakings of white ; but all are of a low class of art. Two only, both of them broken, pretend to something beyond, one having impressed roundels worked upon it, and the other a slight flowing pattern, laid on in cream-coloured pipeclay. I have suc- ceeded in putting together sufficient fragments of a larger jar or bottle, to show the effect of the more elaborate roundels which adorned it ; and I have portions, which I cannot unite, of a jug; which was decorated with diamonds formed by the intersection of double lines of white. Besides these there are sundry small pieces of other cups or vessels of unknown shape, one of which was orna- mented with delicate lathe-wrought tooling, another with an em- bossed pattern^ a third with Overlapping scales, laid on like tiles upon a roof. A perfect poculum of this description, found at Caistor in Northamptonshire, is figured in Chaffer's " Marks and Monograms on Pottery and Porcelain/'' page 16. And here are necks of two small bottles, one of them with a pattern of intersecting circles, the other with a ring of white dots upon it. Of the lustrous red ware known as " Saiman," very little was found ; the largest fragment being a portion of a shallow vessel By the Rev. G. S. Master. 39 furnished with an external projecting belt turned downwards, the object of which is presumed to have been the concentration of heat round the bottom of the pan. Upon this and upon another frag- ment, which seems to have been the lid of an olla, potters' marks were stamped, but the letters are too much obliterated to be de- eypherable. I leave it to those more conversant with the subject than myself, to determine how much and what portions of all this mass of pottery were productions of the well-known manufactories in the New Forest ; and I shall be grateful for any suggestions or information which may throw light upon the origin of the deposit. I have already noticed the remarkable fact that the pottery was found alone, unaccompanied by bones, oyster-shells, or any objects of metal, with the single exception of this small article of bronze, something like a bell-crank, the use of which I am unable to con- jecture, unless it may have formed part of a horse's bridle, and ornamented the side of the bit. About thirty coins were turned up, chiefly of third brass, many of them quite illegible ; those in better condition comprising examples of Postumus, Claudius Gothicus, Tacitus, Carausius, Constantinus Magnus (one of this Emperor having the letters "P. L. N." "pecunia Londinensis/' on the exergue, showing that it was coined in London), and Constantinus Secundus. Before bringing my paper to a conclusion, I may be allowed to mention that the interest excited by this discovery has led to another likely to be of still greater importance, but the results of which being as yet imperfectly ascertained, cannot be laid in their entirety before this Congress. Thus much I may say ; that in consequence of representations made to me by the occupier of the farm adjoining Holbury wood, I was induced to examine the edge of a large chalk- pit in a field below his house, and perhaps a quarter-of-a-mile from the scene of my first excavation. The section of the chalk gave evidence of an ancient depression or ditch, pursuing which in Sep- tember of last year in a southern direction from the chalk-pit, fo the distance of fifty-five yards, and digging a trench three feet in depth and width, I obtained indisputable proof of the close prox- 40 On Roman Remains found at Holbury, near Bean. imity of the site of a Roman building. The workmen threw out large quantities of broken roofing stones brought from Portland, hexagonal in shape, and varying in size from eleven inches in width to the diminutive specimen before you ; which shows, I think, that the stones were graduated, as in modern ornamental roofing, from the eaves to the crest ; and immense numbers of nails of all shapes and sizes, some of the larger of which had been used, no doubt, for fastening on the roofing stones. Here is a fragment, with the nail still remaining in it. We found besides numerous pieces of window- glass, varying considerably in tint and thickness, some of them not very dissimilar to Hartley's patent. These are by themselves in- dications not only that there was a villa in the neighbourhood, but that it was one of some importance; for glazed windows were luxuries and not very common ones in Roman times. Then there were oyster-shells and snail-shells in abundance, the former both of the larger and of the small variety ; the latter of Helix aspersa only, which as well as Helix pomatia, is known to have been eaten by the Romans : bones of animals, pronounced by Dr. Fox to be those of oxen, sheep, swine, and deer, horns of the Bos longifrons, and stags' horns, some of the latter sawn into small pieces, boars' tusks, and teeth of dogs and other animals. Amongst implements of iron^ were pincers, a knife-blade, a buckle, hooks, and punches s of bronze — a few armillse and fragments of twisted wire, portions of a spoon, a cufF-button precisely similar in shape to those now used by ladies, and some thin sheeting which had evidently been nailed upon wood : of bone*— -a hair-pin, the tooth of a comb, and a singular square object pierced with five holes, which bear marks of the abrasion of the thread or silk with which it was attached, as is supposed, to some portion of the dress. Sherds of pottery were also found very much like those already discovered, except that there was a larger pro- portion of vessels of white clay, but only one object, and that a small olla, of the coarsest black ware, in an unmutilated condition. Upon a fragment of a similar one are the letters BERiE, part of an unfinished word, and the only instance of any inscription that we have met with* There were relics of some articles of wood, part of the rim of a bowl, portions of an armilla, and round knobs, which By the Bev. G. S. Master. 41 were then, I suppose, as now, employed as the handles of doors or cupboards. These things have been reduced by the lapse of time and other causes, to something like the condition of Kimmeridge coal. We found about two hundred coins, all of the third brass, many of them in a condition of decay which rendered their inscrip- tions illegible ; but we made out some of Constanlinus Magnus and Secundus, each with three or four varieties of reverses, and five or six of exergual letters ; of Constans, with five different reverses ; of Martinianus, Delmatius, and Magnentius. Feeling confident that we were on the verge of the wished-for villa, but striking no walls nor foundations, we desisted unwillingly from our search. Operations were resumed about a month ago, when by the patient use of a pointed crowbar in various directions, we ascertained and afterwards uncovered the foundations of a large enclosure, about 65 feet long by 52 broad, its walls of unusual thickness, those on the north and south sides being 3 feet 9 inches, those on the east and west 2 feet 6 inches in width, built of faced flints strongly bedded in mortar. I am inclined to think that we have not hit upon the villa yet, but that this is an outbuilding of some kind, perhaps a barrack or stable, for the only portion of the internal area we have been able to examine has disclosed a chamber of about 12 feet square, without any floor but the natural clay of the soil, which appears to have been undisturbed. Broken roofstones and nails, with all the debris of a fallen building, destroyed apparently by fire, lay upon it, and amongst the rubbish we found a whetstone, a portion of a quern or hand grinding stone, some fragments of a very delicate and thin glass vessel with a red coloured stain upon them, and this singular object, which, at first sight, looks like a Gothic poppy-head in stone, but may, for all that, for aught I know, belong to earlier times. I have succeeded in obtaining from Sir Francis H. Goldsmid, Bart., M.P., whose ready kindness I gratefully acknowledge, full permission to examine this portion of his property, to the extent of one third of an acre ; and so I trust, at no distant time, to have additional information to lay before the Society. 42 (Slesnittjjs from % Mtltsjiw jomeskg. ii. On the Names of Owners or Occupiers still preserved in those of Persons or Places in Wiltshire. By the Rev. W. H. Jones, M.A., F.S.A., Vicar of Bradford on Avon. N a paper published in a previous number of this Magazine1 an attempt was made to shew from the Wiltshire Domesday that the Boundaries of the County of Wilts were the same now as in the eleventh century. We hope to be able to prove in this essay that in the Names of Persons and Places still preserved, we have I numerous memorials of those, who, whether in the time of the I Confessor or of William the Conqueror, are entered in the Record as owners or occupiers of lands in our County. In the Domesday Book for Wiltshire we have given to us, not only the names of the Tenants in cajoite, and the subordinate holders of land, after the Conquest, but those also of the persons who possessed the same estates in the days of Edward the Confessor. To materials supplied by these lists we confine ourselves. Much additional matter may be found in the ancient charters published by Kemble, in his Codex Diplomatics , or by Thorpe in his Diploma- tarium Anglicum, or in some of the publications of the Bolls Series, such as the Liber de Hyda, &c, in all of which books many charters relating to Wiltshire are to be found, but to touch on these would carry us into a very wide field. We shall find, in the limited portion of the subject to which we confine ourselves, much, it is hoped, not merely of local but also of general interest. Note. — The references given in this paper under the headings of "Aubrey" and " W. Domesd." are respectively to Canon Jackson's edition of Aubrey's Collections, and the Rev. W. H. Jones' Domesday for Wilts. 1 Yol. x., p. 165. By the Rev. W. H. Jones. 43 I. Memorials of those who lived in the days of the Confessor. (1) Names of Persons. (a) Names occurring' in a form, but little, if at all, differing from the original. Such are the following' • — Aldred; — Alestan (now Alston); — Bolle (=Bull); — Bondie (=Bond) ; — Bristwi (=Bristow) ; — Bruning (=Browning) ; — Cola (or Cole); — Cotel1 (now Cottle); — Croc (now Crook); — Done(=Dunn); — Dene (Dean); — Durand (nowDurant); — Euing; — Frawin (or Frewin) ; — Godfrey; — Gode (or Good); — Gest (= Guest); — Gunner; — Godeva (= Good- eve); — Gunter ; — Harding; — Hervey; — Mainard [= Maynard); — Osmond ; — Osborn ; — Rainer ; — Radulf (Ralph, or Rolf) ; — Rainald (Reynolds) ; — Rozo (or Rose); — Selwin ; — Suain (Swayne); — Saulf (= Self) ; — Tovi (=Toovey) ; — Turold (Thorold) ;— Wadard (Goddard) ;— "Warin (Warren). From this last, as a derivative, comes perhaps the Wiltshire name, Warriner. (b) Names, in which the connection with their modern equivalents or derivative is not so clear. Alwi > These are two forms of the same name, which is not an Elwi i infrequent one in the Wilts Domesday : from the one we have the very common Wiltshire name Alloway, and per- haps also the name Allies ; — from the other, a name well known to the musical world, Elvey. Adelelm; — from this name we get Adlam, — and, I presume also, by prefixing an aspirate, — Headlam. Athelstan ; — from this, it is said, we obtain the name Huddles- tone. 1 This name Cottle is a very common one in Wilts. The word may be a contraction of Cote-setla (or Coscet, as it is sometimes written in Domesday), a class of tenants who held small portions of land, generally about five acres, for which they were to render certain services to their lord. This class of tenants is only met with in Devonshire, Dorset, Somerset, Shropshire, and Wilts. The fact that out of 1750 Cotsetlas (or Coscets) registered in Domesday, more than 400 are found in the Wiltshire portion of the record, may well account for the frequency of the name in our County. 44 Gleanings from the Wiltshire Domesday. Alwin ") These are two forms of the same name, — the one slightly Elwin J contracted gives us Allen, — the other is preserved in an almost unaltered form, in Elwyn. Alberic ; — hence probably comes the name, so well known to all Wiltshire antiquaries, — Aubrey. Alnod a These names, which are but different forms of one and Elnod j the same, seem now to be represented by that of Allnut. Chetel ; — in almost its original form this name, as Chettle, may be seen over a respectable draper's shop in Trowbridge. From the word as first pronounced, with the hard " ch 33 (kh), we may perhaps have the name Keddle ; and, as derivatives, Kettlety or Kittelty, (in an abbreviated form, Ketley), the last three being very commonly met with in Wilts. Collinc ; — Alward Collinc (one of the very few instances in the Exchequer Domesday of a surname) held, Cuntjche (Knook, a chapelry now of Hey tesbury) , W. Domesd. 133. The modern equivalent is Collings. Colstan j — the name Colston is known in Wiltshire as well as in Bristol. I presume that Kelston, and, it may be5 Kelson, are but modified forms of the same. Escuet-n From these, which seem different forms of the same Scudet J word, we have the name Scutt. Elmar From these, it may be, are derived the names Aylmer, Almar J and Helmore. Gozelin ; — this may fairly be deemed, at all events, one source of the name Gosling ; showing us that we must not always jump at conclusions hastily as to the origin of names, and that it is not necessary to trace this one to the offspring of a silly bird. Godwin ; — a very common Wiltshire name. Our country folk commonly pronounce it God'in, and, with that remarkable tendency that most I dare say have noticed of putting an " s" at the end of certain words (as, e.g., Cottle-s for Cottle) , also God-ins. From this latter form the transition is easy enough to Giddings, originally perhaps in some By the Rev. W. II. Jones. 45 sort a diminutive. We have similar formations by the use of the vowel " i" in such words as — top, tip ; stock, stick ; cock, eh i eh ; fox, vixen ; muck, mix en (dung heap). Honewinus ; — from this we have, in a slightly altered spelling, the name Unwin. Hugo ; — hence come Hugh, Howe, Hughes, and Howes. Hugolinus ; — Here the Norman scribe is Latinizing the old word Hugol, which is, I take it, the old name Howell, other forms of which we which we may have in Hole and Hull, (II) Names of Places. Alvedeston ; — this is the name of a chapelry in the parish of Broad Chalk. Under the entry of Chelche (=Chalk) in Domesday (W. Domesd. 47, 204), we have one Aileva (a Latinized form probably of Olive) entered as holding two hides under the abbess of Wilton. The name Alvedes- ton seems clearly enough to mean the town (or village) of Aileva. Alveston ; — this is a name now lost, but it is said in Domesday to have been a subordinate manor appurtenant to that of Bradford (W. Domesd. 44, 196). The only place that at all answers to such a description is what is now called Cumberwell, close by Monkton Farleigh. Now as the tenant of the last named place was, in the time of the Confessor, the brother of the well-known Brictric, who bore the name of Alwi (Ibid, 131), I venture to suggest that he may also have held as tenant the neighbouring estate, and that from him it was of old called Alves-tun (Alwi's village, or holding) . Alderston; — now part of Whiteparish, in the Hundred of Frustfield. In the Domesday Record there is an estate entered under the name Ferstesfeld (Frustfield), assessed at two hides, which was held as Thane-land, both in the time of the Confessor and in that of the Conqueror by one Aldred (W. Domesd., 135, 216). I cannot doubt but that from him Alders-ton (Aldredes-tun) derives its name. Alderbury ; — this word of old was always spelt Alwardberie. The 46 Gleanings from the Wiltshire Domesday. name is that of a Hundred, as well as a Parish, and is no doubt derived originally from some owner named Alwarcl. It is interesting however to observe that the whole estate of Alward-berie, which was afterwards granted to the Cathedral at Salisbury, belonged at the Conquest to the Canons of Lisieux, the larger portion of the same being held by a priest called Alwarcl (W. Domesd. 56, 196) . This was by no means an uncommon name. One Alward held the church at Heytesbury {Ibid, 16) ; — another, a King's Thane, possessed SwallowclifT {Ibid, 133) ; — a third was an under-tenant at Staninges (Standlinch,) Ibid, 103. The holder of Cunuche (Ibid, 133), (Knook, in Heytes- bury) was Alward Collinc. Bishopstrow ; — near Warminster, literally Biscojoes-treow, i.e. BishopVTree, or possibly BishopVCross, if the latter portion of the name be understood in the sense in which it is used in Acts x., 39, " Whom they slew and hanged on a tree.}> In any case the name is a traditional memorial of 8. Aldhelm, the first Bishop of Sherborn (A.D. 705), when the diocese comprehended all the country west of S el wood, and the founder of monasteries at Malms- bury, Bradford-on-Avon, and Frome (See Wilts Arch. Mag., viii., 62) . The church at Bishopstrow is dedicated to S. Aldhelm. This good and great man died on one of his missionary journeys at Doulting, near Frome, and that Church, as well as the one at Bishopstrow, is dedicated to him. Bishopston") I name these together because the latter is simply Bushton J a corruption of the former. In Wilts there are three estates called by this name — 1. Bishopston, in South Wilts, formerly termed Eblesbourn (or Ebbesbourn Episcopi), from having belonged to the Bishops of Winchester. — 2. Bishopston, in North Wilts, not far from Ramsbury, so called from having been part of the possessions, first of all of the ancient see of Ramsbury, and afterwards of that of Sarum. — 3. Bushton (plim By the Rev. IF. II. Jones. 47 Bishopston) in the parish of Cliff Pipard, so-called because it was held by the Bishop of Winchester as " Custos" ot the religious house of St. S within, Winchester. Brismartone ; — this is the Domesday name for a place near Amesbury that is now ordinarily called Brigmilstoxe, though still also termed Brigmerston in official docu- ments. There can be no doubt, I think, that it derived its name from Brismar, its owner in the days of Edward the Confessor (W. Domesd. 112). The same person held the immediately adjoining estate of Milston (the birth- place, by the way, of Addison, the poet), and from the two being thus connected the corruption in the other name probably arose ; — in fact, in course of years, they came to be called Milston and Brigmilston. Brixton Deverel; — without doubt this Deverel derives its distinctive name from the well-known Brictric, the am- bassador of King Edward to the Court of Elanders, and who is entered in the Record as having held the estates in the days of the Confessor. Not only is the name, in the Testa de Nevil, (p. 154) called Brichtr ices-ton, which can admit but of one interpretation, but the history of this manor is distinctly traceable from Brictric to the present owners. W. Domesd. 55. 212. Like many other estates belonging to the same English nobleman, it was first of all confiscated and given to the Queen Matilda, then bestowed by her on the Abbey of Bee in Normandy, and ultimately, as part of the possessions of an alien monastery, given by the Crown to the Dean and Canons of Windsor. The famous spot called Egbert's Stone (of which many have thought Brix-ton a contraction), where Alfred collected his forces for an attack on the Danes, was possibly not far from this place, but was certainly not the origin of the name. Draycot Cerne ; — this manor is mentioned because it was held by a peculiar tenure, which, from an entry in the Exon Domesday Book, would seem to have dated from early 48 Gleanings from the Wiltshire Domesday. times. The owner is there called Gosfeidus Marescal, i.e, Geoffrey the Marshal. The estate was held by the C ernes and their predecessors, the family of Venoir, by the service of supplying " the third rod of marshalsea in the king's household/'' by which is meant perhaps the supplying one of the vergers or wand-bears to attend on the marshall; the "third rod's" post, acrording to the Testa de Nevil, p. 147, being ad ostium coqidnce at "the door of the king's kitchen.'" Aubrey 229. It has been commonly thought that "the fetter-lock/'' which was used by the Long family, who became in the 15th century the owners of Draycot, was symbolical of this tenure, but reasons are given in an Article in a recent number of Notes and Queries (May 20th, 1871,) for doubting the correctness of this opinion, and for believing that it was an emblem of the honourable office that for some time before they had held, in virtue of an estate at Wraxall which was appurtenant to it, as Bailiffs of the Hundred of Bradford. Fittelton ; — this place in Domesday Book is called Viteletone, (W. Domesd., 113) and the owner in the days of the Con- fessor was Vitel, a name which looks like Vitellius " writ short/'' as though people then as now were fond of borrow- ing names from those of great people. It is no stretch of imagination, I hope, to believe, that from this early owner, or some namesake, came the name of the manor, which means simply ViteVs town (or village) . Hardenhuish ; — - this place, which is close to Chippenham, belonged according to the Domesday Record, to Ernulf de Hesding (W. Domesd. 78). This word, which was sometimes spelt Harden-hewishe (Inq. p. m., 43 Hen. Ill), I conceive means literally " Harding's estate." 1 The 1 In a charter of ^Ethelwulf of the date 854 (Cod. Dipl. 270 ) we have the grant of one cassate at a place called Heregeardingc — hiwhce, which can cer- tainly only mean the "estate of Harding /' or possibly of the clan so called, as the word itself, a very common one, was originally no doubt a patronymic. See Leo on " Anglo-Saxon Names" (translated by Williams) p. 35. Kemble's " Saxons in England," i., 465. By the Rev. W. H. Jones. 49 termination " huish" is the Anglo Saxon " hiwisc,"1 which signifies a family property, and which occasionally is used as an equivalent to a hide of land. Our word hive (whence, through an intermediate form hiven-ig, comes hunig==honey) is etymolog-ically connected with it. There is no such tenant as Harding named in Domesday, but, on referring* to the entry concerning Tedelintone (Titherington Lucas, W. Domesd. 84), a neighbouring estate, you find the record describing the tenant at that time as Willelmus " Durus." Is it just possible that this word Burns is an attempt to translate the English name Hard-mg ? If so, it is interesting to see that the name existed in the neighbourhood of which we are speaking. Rushmere ; — this is an estate on the borders of Dorset, forming part of the present parish of Tollard Royal. Under Tollard in Domesday Book we have one Bozo (W. Domesd. 73), the tenant in the days of the Confessor of two hides and a half. I submit, as a possible etymology for the present name, Bozo-mere, the latter portion of the word meaning " boundary." Sarisberie ; — this is the Domesday Name for what we call Old Sarum (W. Domesd. 23) . The Eomans called this place Sorbiodunum. I cannot bring myself to believe that Sarum is simply the contraction of the Latin name. Indeed, I have never yet seen an etymology suggested that was satisfactory. The oldest spelling is found in the Saxon Chronicle, where, in describing a battle in the neighbourhood in the middle of the sixth century, it is called Searo-byrig (Chron. Sax. A0. 552). But as no portion of the Saxon Chronicle was compiled till the end of the ninth century, this entry simply proves that, about A.D. 900, such spelling represented the pronuncia- tion of the word at that time. Till the time of Bishop 1 The Iwis of the Wilts Domesd. (p. 144) is the modem Hnish Doignel. In like manner the Hiwis of the Somerset Domesday is the modern Iluish Champflower. " Collinson," iii., 509, 530. VOL. XIII. NO. XXXVII. E 50 Gleanings from the Wiltshire Domesday. Osmund, Sarisberie, or Old Sarum, could have been little more than a military fortress ; the town grew round the Cathedral which he founded there, carrying out in this the intentions of his immediate predecessor, Bishop Herman. Now at Laverstock and Winterbourn Ford, both places in the neighbourhood of Old Sarum, you have in Domesday, one Saric entered as an owner (W. Domesd. 143). And he held these manors as Thane-land, and in the former case had inherited the estate from a brother, by name Gest. Is it impossible that, after . all, Sarts-berie may mean simply the " fortress/' or it may be the " hill," of Saric, a name, at all events, that seems to have been borne by holders of land in the neighbourhood. But this of course is mere conjecture, and must be taken for what each thinks it worth. Tollard ; — one portion of what is Tollard Royal parish was in the days of the Confessor held by one Toli (W. Domesd. 102) ; possibly the name may be from him, and may mean the enclosure of Toli : — as though Toli-geard, contracted afterwards into lollard. Withenham ; this Name (also spelt Wittenham, and Wifcenham), was that of a parish in the Hundred of Bradford (See W. Domesd. 26). Though the name is now lost, a list of its Incumbents from 1299 — 1421 is still preserved. In 1428 it was united to Farleigh Hungerford, and is the small portion of that parish which is in Wilts. At the time of Domesda}^ it was held under the Bishop of Coutance by a tenant of the name of Roger (Ibid, %6.J By comparing entries in the Exon Domesday for Somerset relating to neighbouring estates held by the same Bishop (see ff. 128, 132, 134,) we can hardly help the conclusion that he was the same as Roger Witen, and that from his surname Witen-ham derives its appellation. Woolley ; — This is the name of a tything in Bradford-on-Avon parish. In Domesday, one Ule (or Wlf) as a King's Thane, held Bodeberie (W. Domesd. 139), a name now By the Rev, IF. H. Jones 51 given, under the form of Budbury, to a small portion of the upper part of the town, but formerly applicable to a larger extent of land and certainty including a portion of what now is comprised in Woolley. Now in the Testa de Nevil, this last place in an enumeration of the dependencies of Bradford is called Wlf-lege. Can we doubt its being a memorial of the Anglo-Saxon Thane, who held lands here, as it would appear, both in the time of the Confessor and also in that of the Conqueror ? II. Memorials of those who lived in the days of William the Conqueror. (a) Names of Persons. Such names as the following are still preserved in a form, little, if at all, altered from the original : — Albemarle, — Crispin, — Drew (from Drogo or Dru) ; — Fitz- Gerold, — Fitz-Gilbert, — Gifford, — Humfrey ; — Lacy, — ■ Mortimer — Mohun, — Moreton (the name Maci de Moretania is possibly its origin), — Rivers (perhaps from Gozelin de Riviere), — Thurstan, or Turstin, — Waleran, (or Waldron), the latter, it may be, only another way of spelling the name of the well-known huntsman of Domesday. In those which are subjoined, in alphabetical order, the connection is not at first sight so apparent : — Aubrey ; — derived probably from Albericus. Blunt; — in the Wilts Domesday under Laventone (p. 126), we have " Robertus Flavus " entered as a land-holder ; — that is literally Robert " the fair/'' or " le blond." 1 Hence the family name Blount (or Blunt). In the Test, de Nev. pp. 141, 153, we have one knight's fee held by Roger Gernon at Laventon (West Lavington) of William Blunt (de Willelmo Blundo). In the Iuq. Non. (13 10) we have 1 In like manner Ul ward us Albus in the Exchequer Domesday for Somerset (fol. 87 J, is the Ulward Wite (=white) of the Exon Domesday for the same county. (See fol. 106.) E 2 52 Gleanings from the Wiltshire Domesday. " Galfridus le Blount " among" the Jurors in the account of the Prebend of Lavington Episcopi. BitucE ; — this name, it may be, comes from the family represented, at the time of Domesday, by " William de Braiose." Churchill; — in like manner this name is to be traced to that of the Domesday " Roger de Cor celled Druce; — this may be, in its original form, that of Herman de JDrewes. Ferrers ; — the noble family having* this name, who were at one time Earls of Derby, were descended from Henry de Ferieres (W. Domesd. p. 108). By some the name has been supposed to have been originally connected with ferrura, which is explained in a Charter of Henry V. to be the office of shoeing horses, and that the family above- named derived it from having held the office of the " King's farriers" 1 Fellows ; — this name may come possibly from that of William de Faleise. Hussey ; — this is derived from that of Walter Hosatus (W. Domesd. 103, 154), so called because he was "hosed" or "booted." The crest of the Husseys of Wiltshire, is, — " a boot sable, spurred or, topped ermine." ■Lisle, or De Lisle ; — a name that occurs in Domesday frequently as Hunfridus de Insula. See Wilts. Arch. Mag. ii., 261. Lane, or De-lane ; — the original of this name is probably the Hugo Lasne of Domesday (p. 120), and the derivation of it amusing. He is called elsewhere Hugo Asinus (as though the name were originally "L'Asne,"" the older form of what is now contracted into L'ane), whether in reference to his personal or mental peculiarities we are not told. This sort of name was not uncommon in Norman times. The names given to some of our early Norman 2See Hampson's " Origines Patricise," p. 294. By the Rev. IF. H. Jones. Kings, snch as Rufus, Beauclerc, and Cceur de Lion, are illustrations of this custom. Latimer, — the holder of Ponberie (Pomeroy, near, Bradford-on Avon) in the time of Domesday was Osmund Latimar (W. Domesd. p. 130). The origin of the word would seem to be Latin-arias (=Latin-er ;) — one, that is, whose skill in Latin was presumed to enable him to understand other languages. Sometimes we have Interpres used as a synonym of Latimar. Blount says " Beneath Whittington in Shropshire, one "Wrenoc, son of Meuric, held lands by the service of being Latimer (i.e. interpreter) between the English and the Welshmen. The word Lladmar is used in the Welch version of Job xxxiii, 23, " If there be a messenger with him, an interpreter &c" See Kenneths Paroch. Antiq. (Glossary) : — also " England under the Normans/' (p. 20). Mauduit, — In W. Domesday (p. 122) Gunfrid Maddoith (or Malduit) is recorded as the holder of Calestone (Calstone) . In the Exon Domesday the name is written Gunfridus Maledoctus i.e. the " ill-taught/' or " unlearned/'' in fact, as we might say colloquially, the " dtmce." The Mauduit family were land-holders in 1316 at or near Calstone. (See W. Domesd. p. 172.) Marshall ; — derived from the Marescallus, an office in the Norman Court corresponding with the {C Steallere " and " Hors- j?egn " among the Anglo-Saxons, whose duties consisted in taking charge of everything connected with the royal equipments. The holders of such an office became natur- ally enough, in course of time, the head of the active and disposable military force of the palace. Originally, the word we now know as marshal, would not seem to have been an appellation necessarily of any great repute. In France, to this day, farriers are called mareschaux, and Matthew Paris in 1252, uses the word marisehalcia as the place for putting up horses. The word as Max Miiller 54 Gleanings from the Wiltshire Domesdag. tells us is derived from the German, where in the old dialects Marah-scalc meant a farrier, from mar ah, a mare, and scale, a servant. The care of the royal stables, whether in person or deputy, would seem to have been the duty of the Marescallus at the time of Domesday. Payne ; — this may be the modern form of the name Pagen, which was that of the Domesday tenant of Contone (Compton Basset). W. Domesd. 85. Pinchin; — this, not uncommon name in the neighbourhood of Bradford, may possibly have a Norman origin. It would easily be derived from that of Richard Puingiant, i.e. literally, the " fighting 33 or " valiant/'' Pinkney; — -in this case without doubt, this very well-known name is derived from that of William de Pinchengi, who held a small portion of what is in Domesday called Stoche (— Bradenstoke) . W. Domesd. 233. See a few pages below under Tockenham Pinkney. Spencer ; — Robert " Dispensator 33 i.e. the " Steward/' is recorded as interested in lands at Dechementone (Ditchampton) W. Domesd. 184. This officer corresponded with the Anglo- Saxon ee Stiweard33 who had the care and distribution of the provisions,— in short was the manager of the household expenses. Hence in the Latin of the early ages he was called a dispensator. From this came the names Le Des- pencer, and Spencer. (b) Names of Places. These are not numerous, and the examples we have chiefly consist of those, in which we have the name of the Norman owner, or tenant, added to the original English name. Ashton Gieeoed ; — this is a tithing in the parish of Codford St. Peter. It is accounted for in Domesday Book under Cote- fokd (W. Domesd. pp. 117, 210), an estate which in the eleventh century belonged to Osbern Gifard, from whose family it derives its distinctive appellation. By the Rev. W. H. Jones. 55 Burbage, n These three are mentioned tog-ether because estates Cowlesfied, > at Burbage (Buberge) , Cowleseield (Cuvlestone) and GrRAPTON, J Grafton (Grastone) , belonged at the time of Domes- day to Richard Sturmid, as one of the " Ministri Regis/'' or King's Officers (W. Domesd. 144, 127, 145). The second of them was called Cowlesfield Esturmy, in memory of its Norman owner. The other two are in, or close by, Saver- nake Forest, and were held in the time of the Confessor by one Aluric the Huntsman ( Venator) . The common badge of such a tenure was a horn, as may be seen at Great and Little Langford, where there are sculptured stones with this emblem ; memorials there, it may be, of some of the descendants of Waleran, the Huntsman (See W. Domesd. 105, 106). In like manner, the Esturmy Horn, now in the possession of the Marquis of Ailesbury, is the traditional memorial of the original tenure of por- tions of Savernake Forest, which, in the time of the Conqueror, were held by Richard Sturmid (or Esturmy) } See Wilts Arch. Mag., vi., 265. Elston ; — this is a tithing in the parish of Orcheston St. George and accounted for in Domesday under Orchestone (p. 117). It belonged then to Osbern Gifard. In the thirteenth century (Test de Nev. 142) it was held by Elias GifFard, one, no doubt, of the same family. Hence, most probably, the name, which is sometimes spelt Elys- ton, i.e. the town or village, of Elias (GifFard). Fonthill "I This estate accounted for under the name of Fontfj, Gifford j (W. Domesd. 115) belonged, at the Conquest, to Berenger Gifard, and still preserves the memory of its Norman owner. Guston ; — this is an estate in tbe western part of tlie present parish of Broad Chalk. It seems to be accounted for in Domesday 1 In an Esturmy seal described by Canon Jackson in Wilts Arch. Mag. ii., 388, there is, in a roundel at the top, a bugle horn, in allusion to their oflice as Rangers of Savernake Forest. 56 Gleanings from the Wiltshire Domesday. in the three hides held in Chelche (Chalk) by Girard, under the Abbess of Wilton. From an entry in the Test de Nev. (141. 157.) it seems clear enough that Guston is a contracted form of Girardes-ton, and so the name a memorial of its old occupier. W. Domesd. 47. 204. Langley ") The name of the principal tenant at Domesday was Burrel J Borel, and hence the distinctive name. (W. Domesd. 71. 222.) The family of Bur el continued to hold the name till commencement of the fourteenth century. Aubrey p. 95. Langley One of the subordinate tenants of Langhele Fitz-urse J (=Kington Langley) at the time of Domesday was Urso. There can be little doubt that in the name called Langley Fitz- JJrse, we have a memorial of his descend- ants. W. Domesd. 32. 221. Aubrey 146. Littleton This estate is accounted for in Domesday under Drew j Ltteltone (p. 27). At that time it was held by one Robert, under the Bishop of Coutance. By referring to the Devonshire Domesday, we find no less than seventy- three estates in that county held under the same Bishop, by Drogo (or Dru) Fitz-Ponz. Now this same Drogo Fitz-Ponz is entered in the Wilts Domesday (p. 119) as the Tenant in Chief of Aldrintone (Alderton) a manor immediately adjoining Littleton Drew. Coupling this with the fact, that Walter Dru was Lord of the Manor in 1290 (see Test de Nev. 142. 158), and that Walter Drew (probably the same person) occurs as such, in 1316, in the Nomina Villarum, we cannot help the conclusion that in this name we have a memorial of a Norman owner or occupier. Wilts Arch, Mag., xii., 22. Rodbourn The tenant of this estate at the time of Domesday Cheney j was Reginald, whose surname, as we learn from an entry in the Exon Domesday was Canut. (Exon Domesday /. 163). According to the Test de Nev. (p. 138.) it was held in the 13th century by Badulf de Chanu. W. Domesd. 92. Aubrey 147. By the Rev. W. H. Jones. 57 Surewtox ; — this estate is accounted for in Domesday under the name of Winterburne (W. Domesd. 242) and belonged then to Edward of Salisbury, who held the office of Sheriff of Wiltshire. In the Hundred Rolls (II. 254) and Test, de Nev. 135 we have the entry as Wintreburn Scir eve-ton.. We can hardly avoid the conclusion that the former part of the present name is a corruption of Scir-gerefa i.e. Shire- reeve (=Sheriff) and so a memorial of the office borne by its Domesday owner. Somerford ~| The tenant of Sumreford (=Somerford) under the Mauduit. S Abbot of Malmsbury, as chief lord, was at the time of Domesday Gun/rid, who is, without doubt, to be identi- fied with the Gunfrid Maldoith, who held Witelie (= Wit- ley,) in the parish of Melksham. W. Domesd. pp. 122, 243. The occurrence of Somerford Mauduit, and Witlee, among the manors held by successive generations of the Mauduit family, seems clearly to prove the point, and to suggest the real interpretation of the distinctive name. (See W. Domesd. p. 235.) Tockenham ") The name Pinkney has been already explained as Pinkney. J having been derived from that of William de Pin- chengi. He held, under Edward of Salisbury, a portion of Bradenstock (Bradenstoke), in which were included Lyneham and West Tockenham. W. Domesd. 148. The name Tockenham Pinkney is thus a memorial of the Norman tenant. Enough, it is hoped, has now been written, to shew that we have still, in Wiltshire Names, whether of persons or places, many memorials of those who well nigh a thousand years ago, were owners or occupiers of the land. Such an attempt must always be more or less tentative, and no writer can hope in all cases to gain the assent of critics to his conclusions. Still, despite of what have been called, "ingenious examples of verbal engineering/' — (if any of the instances given be deemed such) — it must freely be admitted, that the memory of men who lived in the days of the Conqueror, 58 Gleanings from the Wiltshire Domesday. and, to a much greater extent, of those who owned or occupied lands in Wilts in the time of the Confessor, still lingers amongst us. It tells us, at all events, very clearly, the nature of the revolution effected by the Norman Conquest. Some years ago we all believed that the English were exterminated root and branch, but now we know, — and in these English names still remaining in such numbers we have in some sort an incidental confirmation of the fact, — that the revolution was as bloodless as it could be. The principal landowners, who were his active opponents, were supplanted by the Conqueror, but the rights of the Church were all along respected, and the tenants for the most part were not interfered with. The people changed masters, but held their land in the same way, and under the same customs, as before. Nor must we forget, that, during the ten intervening centuries since Domesday Book was compiled, many circumstances, such as the merging of smaller into larger estates, and the successive changes of ownership, have all tended to obliterate many of the older names. Hardly a neighbourhood is there in which we do not seek in vain for one or more of the ancient names that once existed. Thus, in the immediate vicinity of Bradford on Avon, there are two places called in Domesday Book respectively " Berrelege " and i( Withenham," the names of which have quite disappeared, whilst the very site of the former is a puzzle to archaeologists, and yet these were two distinct parishes, and in the Bishops' registers we have the names of the incumbents appointed to them during the four- teenth and fifteenth centuries. And so our examples, even though they be not very numerous, are a testimony, however slight, to that feeling which instinctively reverences the past, and shows itself in so many of our acts, both private and public, in a steady and persistent resolve to be guided by ancient precedents. Even if exigencies so demand that we pull down a portion of our walls, we seek to rebuld them on the old foundations. Our motto, as Englishmen, has been hitherto — long may it continue so — Stare super antiquas vias. William Henry Jones. Bradford-on-Avon, July, 1871. 59 §i$J)Cf Cawur, $ts Jfamilg snb Pointings. By the late Rev. Edward Wilton, M.A., Of West Lavington. (x) 3j|S]|pHEN, in compliance with the request of our Committee I gJjSgj engaged to prepare a Paper to be read at one of the Evening Meetings of the Wilts Archaeological Society, I mentioned, that "I had collected a few Notes illustrating the Biography of a distin- guished Wiltshire writer on Monastic History, a native of the Parish adjoining the place of my residence for the last 35 years/"* I was referring to the eminent Bishop Tanner; son of the Reverend Thomas Tanner, Vicar of Market Lavington: this decided the sub- ject of my promised paper. 1 This paper was prepared to be read at the Society's Meeting at Devizes in 1863; but for want of time it remained unread. Since the author's death, the MS. has been placed in my hands, to be looked over, before being printed. Between 1863 and 1871, some additional memoranda about Bishop Tanner had fallen in Mr. Wilton's way, which he had preserved, but had not woven into his paper. This I have done : and this with a few verbal alterations, is all I have done. In sending it now to be printed, as " Mr. Wilton's Paper," 1 will not say that I claim, but I use, what I am sure the Wilts Archaeological Society will most readily grant me in their pages, a little space for a few lines of Notice of One who, too diffident of himself to appear often as an original writer, still served the Society in a quiet way, long and well. He was born at Edington near Trowbridge, about A.D. 1797, and he took his degree of M.Aat Queen's Coll. Cambridge. For a very accurate description of his character, and special ability, I am glad to borrow from an obituary notice which appeared in the " Devizes Gazette," the week after his death. il Up to the time of his death he held the office of Master of the Endowed School of West Lavington, to which he was appointed, we believe, in the year 1832, and he had now for many years been officiating minister of the Chapelry of Erie Stoke, where his ministrations and his earnestness in endeavouring to promote the welfare of those committed to his charge were well appreciated. As an archaeologist he was accurate and persevering, and many are the correspondents who would be ready to confess their obligations to him for valuable suggestions as well as for laborious investigations into points which required careful research and nice discrimination. He was a complete master in heraldry, not only so as to be a most interesting companion to any who were desirous to trace the origin of the various quarterings on their old family shields, but he had a more than 60 Bishop Tanner, his Family and Writings. I was indeed, little aware of the difficulties connected with an arrangement of my detached items of information; and the still greater difficulty of producing from such scanty materials a narra- tive satisfactory to the Biographical enquirer, and at all interesting to general readers. None, except those who have undertaken similar tasks, can be aware of the unavoidable errors, and the protracted, and often fruit- less investigations, that arise from want of access to books of refer- ence. Many things must necessarily be left to conjecture, when there is rare opportunity afforded, of applying to such sources of information, as lie in the MS. Department of the British Museum; the Registry of Doctor's Commons; or (especially for the present purpose) in the Bodleian Library at Oxford; where Bishop Tanner's Collections are deposited. Still, the notes which I have, however imperfectly, been able to put together may, at some future time, assist any compiler of Parochial History, who may describe the Memorabilia of Market Lavington; the "Cheping Lavington" of Camden; or as Tanner calls it, in his additions to Camden, "Steeple Lavington/'' or "East Lavington." From a correspondence with the Bev. Thomas Tanner, Yicar of Burlescombe, Somerset, I learn that Tanner is a very common Surname in the West of England. We find it in Wiltshire, at an early date; I mean early, in reference to any Heraldic Visitation. In 1569, Roger Tanner was Mayor of New Sarum; the name has ever since been associated with that City; and a few years back, perhaps even now, a family of Tanner resided there, who are stated in Berry's and also in Burke's Heraldic Dictionary, to use the Arms of Tanner of Court, Cornwall; the self same Arms which Bishop common knowledge of the science of blazoning arms or ensigns armorial. His store of knowledge on such matters was somewhat marvellous. Hence he was a valuable contributor to the pages of the original " Gentleman's Magazine" and of the more modern " Notes and Queries." He died, in his 74th year, on the 4th and was buried at West Lavington on the 8th May 1871. J. E. Jackson, Leigh Delamere, Hon. Canon of Bristol. Chippenham. By the late Rev. Edward Wilton, M.A. 61 Tanner assumed (I believe I use that word fitly) when he became Chancellor of Norwich. To this I shall allude hereafter. As regards the Cornish and Devonshire Family of the name, there are five descents given in the last Visitation of the West of England. The enrolled Pedigree records Marriages with the families of Whiting, Tregarthen, Tilley and Roscannock; at that date 1620 Richard, eldest Son, was ag'ed 26; Lawes was 2nd. Son; Arthur 3rd Son; John 4th Son; all duly registered as the then existing generation. There is no mention throughout the entire Pedigree of any member who had migrated into Wiltshire; and the name of Bryan Tanner certainly does not appear, a Person we know then to have been living; and therefore we may venture to say that he was unconnected with the Cornish Tanners, by descent from a common ancestor. The only printed Pedigree of Bishop Tanner's ancestors with fidiich I am acquainted is that found in Blomefield's Norfolk. He was intimate with the Bishop, who speaks of him as a very able and accurate County Historian: Blomefield therefore must have had the opportunity of carrying up the Bishop's Pedigree, had he been en- abled so to do; but he commences it with his Father, the Vicar of Market Lavington. I can account for this; and can rise one step higher in the Bishop's genealogy, through the kindness of the Rev. J ohn Griffiths, keeper of the Archives at Oxford. There can be no doubt that his Grandfather, was Bryan Tanner of Erchfont; and that he was a man in a humble condition of life. Certain it is that such a Person was then residing at Erchfont ; for I find in the Bap- tismal Register of that Parish, under the year 1635, "Elizabeth Daughter of Bryan Tanner." I expected to find under 1640, (the known date of the Bishop's Father's birth) the entry of a Son of Bryan Tanner, baptized Thomas : but I sought in vain. At, and about that date, the ink has faded from the surface of the coarse and greasy parchment; and it would require some chemical application, to make most of the entries of that period legible. When in 1635, Bryan Tanner's name is mentioned, there is no addition, as in some other cases, of the words "Mr." "Gent." or "Esq."; nothing lead- ing us to suppose that he was any thing more than an ordinary Parishioner; the evidence of this fact, will presently appear from 62 Bishop Tanner, his Family and Writings. Thomas Tanner's Matriculation Entry, in 1665. All this seems to substantiate a tradition, very commonly received at Market Laving- ton, that the Father of Tanner, (Grandfather of the Bishop,) was a poor Weaver or Spinner; (in those days the common occupation of a large proportion of our rural population in this district;) that a benevolent Lady, passing' by Bryan Tanner's Cottage, found the youth constantly poring over books, when his days work was done; she discovered him to be a lad of superior abilities, and of attain- ments above his rank in life; had him educated; sent to College; and in due time, the Spinner's Son, was inducted Vicar of Market Lavington. Some years since, a house, now taken down, was by the same tradition, pointed out as that in which Bishop Tanner's forefathers had dwelt; either before or after the known date of Bryan Tanner's residing at Erchfont. The Memorandum of Matriculation in the University Register, (for that of his House, (St. Alban's Hall) as I found upon application, does not go back so far by many years) , is as follows. "Au. Alb. 1665 Mar: 9. Thomas Tanner, Anno 20, fil: Bryan T. de Urchfont Wilts, pi. pps." I am informed that the abbreviation "pi. pps." (which means "plebei pauperis;" the Son of a poor plebeian) indicates that in this, and like cases, the youth matriculated was excused payment of University fees, on the ground of poverty. If we compare the date of his Matriculation with the age stated on the Monument, he must have been 25 or 26 when ad- mitted at Oxford; perhaps in transcribing, or in making the entry from Notes, the Cypher may have been substituted for 6. In those days Halls were much cheaper places of education, and required shorter residence than the Colleges, and this seems another item in the proof, that he was one of the class, then described, as poor Scholars. Indeed it was at that period a customary charity for per- sons of wealth, to provide needy and meritorious young men, with University Education ; entering them as Sizars at Cambridge ; or Servitors at Oxford. Thomas Tanner took his B. A. degree as of St. Alban's Hall ; and does not appear to have graduated higher at any subsequent date. This was frequently the case, when Clergy ceased to keep up their connection with the University, and had settled down in Country Parishes. I mention it, because it explains the By the late Rev. Edward Wilton, 31. A. 63 absence of his, and of other University mens' names, in the published List of Oxford Graduates. Had he continued at Oxford, from 1668 to 1671; especially, had he been employed as one of the Chaplains of Christ Church, we may fairly suppose, he would have proceeded to the Degree of M.A. The Vicarage of Market Lavington, has, (with hardly an excep- tion) beeu held by men who were formerly Chaplains of Christ Church and were presented to it by the Dean and Chapter. Thomas Tanner was instituted to the Vicarage 1671, on such presentation; he was then about 31 years old : there are extant, Lists of Chaplains of Christ Church ; one compiled, I believe by Bishop Tanner himself who certainly would not have omitted his own Father's name, if he had ever been officially connected with that foundation) ; but the Father's name does not appear as one of those Chaplains. The liv- ing was then of small value ; perhaps all the Students and Chaplains of the date, had declined accepting it ; and so a stranger to Christ Church obtained it, for the kind informant who tells me that Tanner's father was not in the roll of Chaplains, goes on to say, " in the Christ Church list of Market Lavington Incumbents his name is found ; with this peculiarity ; there is merely the name ; no note of his University, Academical degree, or connection with the College; whereas these several particulars are exactly and specially noted, in the cases of every preceding, or succeeding Vicar." I think there- fore he was unconnected with the Patrons of the living. Perhaps, in this instance, as in countless others, which I could produce from this locality, the Lessee of the Rectory, had obtained the right of nominating to the Vicarage for one turn, or during the continuance of the Lease ; and that tho' the College preserved the right of issuing- the presentation itself, yet such Lessee was at liberty to name the Vicar to be presented : or there was some arrangement or exchange made with Tanner, or on his behalf, which brought him instead of another (possibly some Christ Church Chaplain) to the Vicarage of Market Lavington. I am rather strengthened in the latter opinion, by finding in the Wiltshire Institutions, that Arthur Brett, the for- mer Vicar, resigned the Living; and thus made way for Tanner; in short I believe that Tanner did not obtain it, from personal claims 64 Bishop Tanner, his Family and Writings. upon the Society of Christ Church. In connection with this pre- sentation, Sir Thos. Phillips, in his printed Volume, called "Wiltshire Institutions/' inserts against Thomas Tanner's Institution, Ad. 1671, a remark; " Queer e, if afterwards Bp. Tanner? We may certainly say No! — at this date Bishop Tanner was unbeneficed; because unborn. It was his Father, who was the New Vicar of Market Lavington. He appears to have waited, nearly two years, before he married his first wife, whose family resided at Market Lavington. The Register of that period, under April 20th, 1673, contains the following entry; {i Married, Thomas Tanner, Vicar, and Sarah Willoughby by Banns." There is little to be gathered from the Register about the family of the Lady,for it dates only from about the time of Tanner's Incumbency ; the older volumes are missing; so that a full account of the Willough- by s, cannot thus be obtained. I was however, whilst compiling this Paper, fortunate in obtaining sight of the Court Rolls of Sir John Danvers, Lord of the Manor of Lavington, Anno Dom. 1646 to 1654: where I found, Joseph Willoughby, as the general "Foreman of the Homage/' always with this addition to his name, "Gent." I am inclined from this circumstance to infer, that he was an Attor- ney; probably manager of the property under Mr. Yorke, the Steward of the Court; who had his residence at Fiddington, (in right of his Wife, Anne, daughter of William Bower, Esq.) : the same " Mr. Wm. Yorke " who is mentioned by Aubrey, as one ready to help in com- piling a Wilts County History. These Willoughbys were an ille- gitimate branch of the Willoughby de Broke family : descending from a natural son of Sir William Willoughby, one of whose repre- sentatives settled in Lavington, and intermarried with the Daunteseys. Their pedigree is given in Sir Richard Colt Hoare's Modern Wilts. The supposed last heir male of the Market Lavington Willoughbys, was a medical man, and died there, unmarried, in the memory of some old persons still living. After the marriage of Thomas Tanner and Sarah Willoughby we naturally examine the Baptismal Register; and under 167f the birth of their first Child, the future Bishop of St. Asaph, is thus registered. " Baptized Feb. 1st. Thomas, Son of Thomas Tanner, born Jan. 24 " after midnight, being* Saturday Morning, and Sarah his Wife.''' By the late Eev. Edward Wilton, M.A. 65 This would be either on the day before, or upon the festival of St. Paul's Conversion. The entry is ambiguous, but I think it means that the Bishop, strictly speaking*, was born on the 25th. This will account for the selection of that day, for the distribution of the Bishop's Charities in his native place, to which I shall advert here- after. Britton says (I presume from the authority of Ballard's Letters in or from the Bodleian Library,) that the Bishop's early education was carefully conducted by his Father. Herein he may be correct; but when he goes on to state that he was sent to (Queen's College, Cambridge, he has either been misled by others, or an error of the Press has escaped uncorrected. The Bishop was entered 1689 at Queen's College, Oxford-, a College then selected by Wiltshire men, as affording special advantages to natives of that County, in appropriated Scholarships, and Fellowships. Here he took his B.A. degree 1693; and doubtless prosecuted his favourite studies during his entire Undergraduateship, with all the diligence excited by the facilities he enjoyed. He made many valuable, and lasting Antiquarian acquaintances; as his letters then and after testify; particularly that of the celebrated, but somewhat peculiar, and un- happily tempered man Anthony a Wood. Poor "Tantony " as Tanner calls him, notes in his Diary, "that in 1695 I and Sir Tanner," [the Academical designation of a Bachelor of Arts,] "went together to Binsey Chapel; where in the Porch I read, and told him the whole history of Saint Frideswide, and the Antiquities of that Chapel; thence to Godstow, where I told him the Antiquities of that place, and the matter of Lady Edyve and Rosamond; so eat a dish of fish, and went, thro'' part of Wolvercote, home." In one of his Letters, written after he was made Bishop, Tanner mentions subscribing at London House for Deacon's orders in Dec. 1694; and his friend Wood in his Diary, under date Jan. 17th 1695, makes this entry; "Mr. Thomas Tanner entered his place of Chaplain of All Souls." This Chaplainship, was, to use a common expression, the making of Tanner; and there is very little room left for doubt as to the maimer in which this deserving young scholar gained his first preferment; leading eventually to a Mitre, and the distinctions therewith connected. At that date, 1695, James, the good Earl of Abingdon as he is called VOL. XIII. — NO. XXXVII. F 66 JBisJiojo Tanner, his Family and Writings. on his Monument, was just settled clown on the Lavington Estate, which he held by descent thro' his Mother, one of the Coheirs of the Lees of Ditchley, from Elizabeth, heiress of Sir John Dauntesey, and second wife of Sir John Danvers the Regicide. James, Earl of Abingdon, was the intimate friend of the then Warden of All Souls, the Hon. and Rev. Leopold William Einch; who dedicates to his Lordship, an edition of Cornelius Nepos; and, in so doing, uses expressions of high eulogy, and special esteem. Lord Abingdon doubtless was well acquainted with the Tanners, both Father and Son. John Aubrey was a constant guest at Lavington-Dauntsey Manor House, ("his cousin's " as he delighted to call it,) and we know he was there in the summer of 1694 as he then compiled his Miscellanies; and in dedicating them to Lord Abingdon, bears a just, but honorable tribute to the merits of young Tanner, in these words: "It was my intention to have finished my description of Wiltshire, half finished already, and to have dedicated it to your Lordship; but my age is now too far spent for such undertakings, I have therefore devolved that task on my countryman Mr. Thomas Tanner/'' "[the present worthy Chancellor of Norwich'" is inserted in Edition of 1720,] "who has youth to go through with it, and a genius proper for such an undertaking/'' Lord Abingdon was doubt- less inclined to befriend the Vicar of the Parish adjoining his resi- dence, a country Parson with small preferment, and a large family; who had three Sons to educate for the Church. We may well sup- pose that his Lordship would apply to his friend the Warden of All Souls, to see what could be done for young Tanner, so as not to re- move him from the University, and from the help there to be found in connection with his favorite literary pursuits. That this was most likely the case appears from the letters written about this time by the Vicar Tanner to his Son, then a resident in Queen's Coll., in which there are frequent allusions to "your business; " "the matter you wrote about" mention of the time "when Mr. Moore, the Earl's Chaplain, expects his Lordship's return;" with many like intimations that steps were being taken near home, connected with the Son's advancement at Oxford. But the point is set at rest by the follow- ing Letter, from the Vicar to his Son, Oct. 13th 1694 among the By the late Bei\ Edward Wilton, M.A. 67 Tanner MSS. at Oxford (Tanner 25, 238) ; scheduled as "Steps for procuring- him a Chaplaincy or Fellowship at All Souls/'' " Tom, — I went to my Lord Abingdon this morning according to your desire : who willingly granted his letter and sent Mr. Trow with Mr. Pricket to Longleat* and His Honor and Mr. Moore and your old friend Mr. Aubrey were very glad to hear you had ye promise of ye place. I am so much obliged to ye master for all his great favours to you that I cannot express my thankfulness enough, wch I would have you present to him with my most humble service. Mr. Pricket hath been very vigorous in ye busyness: send me word what will satisfye him for his pains and charges of his journey by Tuesday's post, that I may receive your letter Saturday next and I will send by Barter who intends to come to Oxon Oct. 22. I think it ye best way for you to consult with ye master what will fully content him, because you employed him. If this place will maintain you, I should be glad, if it will not I will do ye best T can for you, God grant that you may live to his glory and to ye good of mankind. I wish you much, joy of it. I am forced to be shorter than 1 intended because 'tis pretty late on, Saterday night. So with our hearty love remembr'd, desiring God's blessing continually to attend you, I rest, Your Lov : Father, "Lavington, Tho. Tannee" Oct. 13, 94." " For Mr. Tho. Tanner, at Queen's Coll : in Oxon." Dr. Finch appointed Tanner to the Chaplaincy of All Souls, in Jan- uary, 1695, and in March following, Tanner brought out the first Edition of his valuable Book entitled cc Notitia Monastica, or A short History of the Religious Houses in England and Wales, by Thomas Tanner B. A. 1695;" in small 8vo. : the Vice Chancellor's Imprima- tur is dated 13 March 169^. This work, even in its earliest, and in some particulars, incorrect edition shews, how well Tanner understood the subject he had taken in hand; and how truly he merited all the honor associated with his Name even up to the present day. The dedication is to Dr. Einch, and a Copy, handsomely prepared was presented to him. Forty years afterwards, Tanner, writing' to Dr. Rawlinson says, "I am very glad my present Book to Dr. Einch, is fallen into your hands; there were but ten printed in that Royal paper; all which I gave away; but none of them bound as that was." *The Warden of All Souls Coll. Oxon, Dr. Leopold Finch, was brother of Frances, first Viscountess Weymouth. He was probably at this time on a visit to his sister. There is a portrait of him at Longleat. (J. E. J.) 68 Bishop Tanner, Ids 'Family and Writings. The dedication thus expresses Tanner's gratitude to Dr. Finch. " I gratefully acknowledge your kindness to a person altogether un- known to you/-' (this may mean personally unknown, and is not in- consistent with Lord Abingdon's making suit for him,) " without which, he must have left this beloved place and his Studies; in which, because of his natural inclination to History and Antiquities, he has been thought, by the partial kindness of his friends, in some measure fit to serve his Country.'''' When appointed to this Chaplaincy, Tanner would only have just entered his 23rd year; but in those days, an interpretation of the Canon law was received, and acted upon, which permitted a Man to take Deacon's orders, after he had entered upon his 23rd year, instead of being, as now required, full 23. On April 26, 1696, he proceeded to the degree of M.A. as of All Souls; and Nov. following, before he had completed a Year of Ser- vice as Chaplain, we find that he was elected Fellow of All Souls. No doubt his kindness ot heart, his simplicity of manners, and lit- erary attainments made him acceptable to the Society at large ; and those among them who were able to appreciate his merits in the particular line of study he pursued, (especially the Warden, himself a great Archaeologist) would at once consent, that the " bene nattcs" clause, in the Founder's Statute of Qualification, might fitly, in this case, be dispensed with. Yet, that "bene natus" is suggestive; and I cannot but think, with due regard had to Tanner's persevering research, that having access to Visitations, Records, and Local MSS., he would have made out his title to something of a Pedigree, had it been in his power to have done so, upon his election as Fellow of All Souls, where until very lately, so much importance was attached to such things . I have not yet discovered whether intimacy with Moore, Bishop of Norwich,1 or marriage in prospect with Rose the Bishop's eldest daughter, (which took place 1701,) helped Tanner into the Chancellorship of Norwich, in 1700 : but after marriage he vacated his Fellowship, left Oxford as a residence, and settled down close to his Mitred Father in Law. It seems that his merit had already been considered as giving him a claim to an office in the University; for 1 For some notices of Moore, see Blomefield's Norfolk. By the late Bev. Edward Wilton, M.A. 69 Pepys's Diary vol. 4. p. 301 has the folio whig letter from Dr. Charlett to S. Pepys. " University Coll. Oxon, Feb. 18, 1700—1. " Hon. Sir, — I have been long in debt to you for a most obliging letter, which I now only acknowledge without pretending to payment, by the hands of my good friend, Mr. Tanner, who is now leaving us, being nominated by my Lord Bishop of Norwich, Chancellor of his Diocese. Before this Preferment was known he had the satisfaction to see the respects of the University by an offer made to him from the best and most considerable part of the University, of the office of Public Registrar, a place of great trust and credit, as Mr. Hudson has the custody of the Bodleian Library, upon the resignation of Dr. Hyde." Mrs. Tanner died 15 March, 1706,, leaving no living Issue; and was buried on the south side of the Bishop's Chapel1 in Norwich Cathedral. The same year Tanner was made Rector of Thorpe, "by" or "next" Norwich; a living in private patronage; and therefore, in all probability, obtained for him by some exchange, through the Bishop's intervention. June 30, 1710, he proceeded to the Degrees of B.D. and D.D.; Sept. 1713, he was collated to the third Prebendal Stall in Ely Cathedral, which he held till 1723, resigning it upon being then made Canon of Christ Church. This appointment is thus no- ticed by Hearne in his Diary, II. 526. "Feb. 16 1723—4, Yesterday Dr. Thomas Tanner was installed Canon of Christ Church, in room of Dr. Egerton, Bishop of Hereford, who hath resigned.'" In 1721 the then Bishop of Norwich had conferred upon him the Archdeaconry of Norfolk; and in 1727 he was elected Prolocutor of the Lower House of Convocation; an office which he accepted with much reluctance, but it was forced upon him by the urgent entreaties of friends, well persuaded of his special qualifications. In January 1 7 3^, Archdeacon Tanner was consecrated Bishop of St. Asaph; being allowed to hold his Canonry at Christ Church, "in commendam The British Chronologist, under date Jan 25, 1732, tells us that on that Day, Dr. Tanner, Bishop of St. Asaph, and Dr. Clagg-ett, Bishop of St. David's, were introduced into the House of Lords. Bishop Tanner's father-in-law, Bishop Moore, was translated to Ely, July 31, 1707, and dying there 31 July, 1711, was buried 2 See Blom. Norfolk, (iij. 591) where the Inscription is given. The Iron door at the entrance of this chapel was given by Dr. Tanner, whose arms are impaled upon it, first with Moore, and second with Freston. (Do. hi. 630.) 70 Bishop Tanner, Ins Family and Writings. in the Cathedral, jet. 68. There is extant a letter from Tanner to his uncle, Mr. Thomas Moore, of Yarmouth, dated at " Norwich Aug*. 7, 1714. Had returned from Ely, whither I went to pay my last respects and duty to the remains of my most kind friend, patron, and father, your dear brother who was buried in the Presbytery, not far from Bp. Patrick. " Some years before this, probably soon after the death of his first wife, Tanner married his second wife Frances, daughter of John Preston, Citizen of London, of a Norfolk Gentleman's family. In the Preston Pedigree, this match with Tanner is duly registered : and, as a friend in the College of Arms assures me, this is the only reference there found to Tanner or his connexions. This second wife died 11th June, 1718, aged 40 years ; she left a son, the only sur- viving child, Thomas Tanner, who has sometimes been called (as in the Archceologia) the Editor of his father's works ; thus confounding him with his uncle, John Tanner, Rector of Lowestoft. Thomas Tanner, the Bishop's son, married a daughter of Archbishop Potter ; and became Hector of Monks Hadleigh ; Prebendary of Canterbury ; and Dean of Booking. He was of Christ Church, M.A., June 14, 1740; and D.D., by Archbishop's Faculty. He died 1786, aged 68, and was buried at Hadleigh ; leaving only daughters. This corrects Britton's account, of the Bishop's son being by his first wife. It is also an error to suppose that he had only two wives, for after his elevation to the bishoprick, he married a third wife, as thus announced in the Gentleman's Magazine: "May 1733, Dr. Tanner, Bishop of St. Asaph, married to Miss Scottowe, of Thorpe, by Nor- wich; with a Fortune of £15,000." This lady survived the Bishop, and married secondly, Robert Britiffe, Esq., Recorder of Norwich. Bishop Tanner seems to have closed his connexion with Norfolk, and to have taken up his abode in Oxford, upon being raised to the See of St. Asaph. His removal was attended by a misfortune to which reference is made in some of the notices of the Bishop's life, and is called by himself, his et shipwreck," thus reported in the - Gentleman' s Magazine, Jan. 1732 : — "About the latter end of last month, the Books and MSS. of Dr. Tanner, Bp. of St. Asaph, being on their removal from Norwich, to Christ Church College, in By the late Rev. Edward Wilton, M.A. 71 Oxford, fell into, and lay under water, 20 hours, and received great damage. Among* them, (and this helps to explain the voluminous character of the MSS. bequeathed by Tanner to the Bodleian,) were near 300 Volumes of MSS.; purchased of Mr. Bateman, a book- seller, who bought them of Archbishop Sancroft's nephew. They were, in all, 7 Cart loads." Long before this, in 1693, Tanner, in one of his Letters, speaks of 100 sheets of MS. History of "Wilts ; also of the corrections and additions he had made for a new edition of the " Notitia," which he adds, will swell it to a folio of 200 pages. No doubt his personal collections were very extensive. A cata- logue of them will soon be published, and by examining it, we can easily discover what additions to Wiltshire Topography may be obtained from Tanner papers deposited in the Bodleian. Perhaps our expectations, in this respect, may be disappointed. We know that Tanner supplied the Additions to Wilts, in Gibson's edition of Camden's Britannia, 1695 ; and we may, I think, conclude, that those Additions contained all that he himself thought worth publishing. Tradition says, that during the Bishop's brief episcopate, he visited, more than once or twice, the place of his birth ; " in coach with purple lined, and mitres on the sides," and that upon these occasions, he was the Guest of the Barnes family; [in 1716, William Barnes had married Sarah Tanner, the Bishop's sister ;] and at one of these visits we may suppose, the Tablet was erected, in Market Lavington Church, to the memory of his parents. There is however on it no record of the fact, that very soon after the death of Sarah Willoughby, his father the Vicar of Market Lavington had married at Cheverell Magna, Sep. 2nd, 1716, Margaret Gardham, by licence. The marriage is recorded both in the Great Cheverell and in the Market Lavington Registers . The Tablet erected by the Bishop is of wood ; the ground gold ; the letters black ; surrounded by a carved border of foliage in full bloom ; fruit, ripe ; cherubs, full orbed ; the whole, in appearance, falling perhaps far short of what one might expect as a testimony of a dignitary's filial affection. The Epitaph is as follows : — " Under the Pew below, lie interred the Codies of the Rev. Thomas Tanner, Clerk, 46 years the diligent, pious, resident minister of this Parish ; who died 7:2 Bishop Tanner, his Family and Writings. Decr. 18, A.D. 1718, aged 78 years; and of that excellent woman, Mrs. Sarah Tanner, his wife, daughter of Joseph Willoughby, of this Town, Gent ; who died June 16, A.D. 1711, aged 63 years. To the memory of these his honored Parents, their eldest son, Thomas, Bishop of St. Asaph, P.P." This Tablet was first placed on the extreme N.E. wall of the Nave j but as Church Restoration has transferred it to the North Aisle, the first portion of the Epitaph no longer, describes with accuracy the resting-place of the old Vicar's remains. The Bishop held his dignified position for only four years. I have not been able to learn any particulars of the disease of which he died at Christ Church, Oxford, 14th Dec, 1735; aged Q2 : 1 He was buried in the nave of the Cathedral, near the pulpit ; and a monument placed against one of the south pillars, sets forth in a Latin Inscription, his preferments : his diligence in exploring and explaining the Antiquities of his Country ; his integrity ; rare piety ; and bountifully diffused charity to the needy. He left a legacy of £100 to the widows and orphans of poor clergymen ; and another bequest to his native parish, of which the inhabitants still reap the advantage. The Charity Commissioners appointed in pursuance of an Act passed in the 5th and 6th of Wm, IV, make the following Report of Bishop Tanner's Charity at East or Market Lavington : — Thomas Tanner, D.D., late Bishop of St. Asaph, by his will hearing date 22nd November. 1733, and proved in the Prerogative Court of Canterbury, 7th February, 1735, bequeathed to the Rev. Mr. John Sainwell and five others, all of Market Lavington in the county of Wilts, his native place, and to the Yicar or his resident Curate there for the time being, the sum of £200 with interest, and upon trust, that they, the survivors or survivor of them, should therewith purchase some rent charge or some estate in land, the rents of which should be applied yearly and every year in the manner and form following : first, to the Vicar or his Curate, for a sermon to be preached in the afternoon of the Feast day of the Conversion of St. Paul, in the parish church of Lavington, aforesaid, on repentance, faith, obedience, good works, humility, meekness, sobriety, con- tempt of the world, resignation to Providence, God's mercy to mankind, men's duty in showing mercy to others, or some other practical subject, 13s. 4d. ; to the clerk and sexton between them for attending and ringing the bell, 3s. ; to 1 Hearne, in his Diary 1733 — 4, Jan. 17, records thus: " Bishop Tanner pretty well recovered of his late illness. Having so gross a body, Mr. Baker doubts (and so do I,) that the rest of his life will be uncomfortable." Diary II, p. 794. By the late Rev. Edioard Wilton, 3LA. 73 the ringers for two short peals upon the six bells, one at break of day, and the other after sermon in the afternoon, 6s. ; 20s. to be spent at a friendly meeting of his Trustees therein named, aud such of the better sort of the parishioners as they should think fit to invite in the evening of St. Paul's day, to promote peace and good neighbourhood, and preserve some little regard to the memory of his honoured parents :* 20s. to be yearly disposed of towards the teaching of some poor children to write and read, whose friends were not able to pay for their schooling ; 20s. to buy four bibles with common prayer, to be given also yearly on St. Paul's day to such four poor persons in the said parish as in the opinion of the Yicar or his Curate were most likely to make the best use of the same, and were least able to buy such ; and the remainder of the clear produce of the said legacy, to be given away yearly and every year, after prayers and sermon on the said St. Paul's day in the said Church, among so many poor people of the said parish, to be nominated by the Yicar, or in his absence the Curate, as it would reach to, at twelve pence each. In the year 1742 the survivors of the trustees named in Bishop Tanner's will, invested the legacy of £200 in the purchase of land in Patney in the county of Wilts. At the foot of the Bishop's Monument in Christ Church Cathedral, are the arms of the See ; impaling, Tanner of Cornwall ; Argent, 3 Blackamores' heads couped; banded gules. The same arms are in the Quadrangle at All Souls, with those of other Bishops of that College, painted on the plane of the sun-dial. Tanner, we know, used them on his official Seal, upon being made Chancellor of Norwich ; they are also in cast-iron on the entrance gates to the Bishop's Chapel, Norwich Cathedral : impaled with those of his first and second wives; again, under the portrait prefixed to the second edition of the Notitia, published after the Bishop's death. I mention this, to correct a mistake in Dr. Bliss's new edition of Wood's Athence, Oxon : vol. ii. where Fasti begin, column 1. Against an Initial T., rests a coat of arms, which in the Table of References to woodcuts in vol. iv., is described as Bishop Tanner's. It is not his, but as it embodies the coats of two distinct families of * It is to be hoped that this annual festive " Obit" in memory of a learned Divine has always been conducted with becoming decorum. But from a brief and somewhat peremptory letter wbich I have found among Mr. Wilton's MSS. I am inclined to think that now and then there may have arisen a " rixa super mero." The writer, a high parish official, sends thus to the Landlord of the Green Dragon, Lavington, where the entertainment was to take place : "As a list of the guests invited to commemorate the memory of Bp. Tanner has not, for some years, been even presented for Mr. 's inspection, or approbation— he now particularly wishes, as a Trustee of the Legacy, to know who the Quests are and what there is for Supper ? together with an Inspection of the Hook of Proceedings, or Report, ever produced on this night. Evening ot Jan. 25th, 1817." I am afraid, that upon that " Evening," there was a etorm at the Green Dragon ! [J. Er J,] 71 Bishop Tanner, Ids Family and Writings. Wray, it may have been the seal of Tanner's friend, Ray, the natu- ralist, which having been perhaps used by Tanner in some emergency for fastening a letter, has led to the mistake. There is a whole length portrait of the Bishop in All Souls Hall : and an engraving from it forms the frontispiece to the " Notitia Monastica." There is a smaller one by Reading, in the corner of which is represented an ancient lamp given by the Bishop to the Royal Society of Antiquaries, and now in their museum. The Bishop's countenance confirms to my own mind, the opinion which I confess myself to have formed of his character, as good, kind, peaceable and studious. His handwriting was small and delicate. His intercourse with the literary men, and especially with most of the Antiquaries of his day, is a sufficient indication of his tastes from his youth up ; for in letters to and from his father, we see how curious he was about names of places, sources of streams, matters of natural history, and parochial research. And the testimonies borne to his literary attachments and services, have been full, decided, un- disputed, up to the present time. Aubrey's opinion of him has been already quoted ; Ray availed himself of Tanner's information ; Gibson, afterwards Bishop of London, Rawlinson, Lloyd, all seem to have looked up to him as their best authority; Hearne's MS. treasures passed to the Bodleian, through Tanner's hands ; Wood (though with all the reluctance of a man resisting separation from his worldly delights, even when death-smitten, and with a degree of suspicion whether Tanner would revise with kind feeling, much that he had written in bitterness and prejudice,) yet could find no one more fit to be entrusted with his Papers : and in our days, the Modern Historian of South Wilts, speaking of helps to Topographical Inves- tigations mentions " the Notitia," and says of it, " That is an host." The second edition of that work was brought out by the Bishop's brother, John Tanner, a person, in every thing connected with archseology,not inferior to him.1 1 The following account of John Tanner is from Nichols's Literary Anecdotes, vol. YIII 402. "John Tanner 3rd Son of Thos. Tanner of M. Layington Wilts, born 1684, educated at Queen's, Oxon. M.A. 1707. Through his Brother's Interest (then By the late Rev. Edward Wilton, 31. A. 75 He tells us that this edition contained the additions collected by the Bishop during 40 years, as well as his own ; and he seems to have been like the Bishop, diligent, and painstaking. His own share of labor must have been considerable. M? 5 o 1 * rj CP < -s ,0 CO O co *^ co cp p a The Account of the Rising in the West in 1656, and of the Execution of John PenruddocTc and Hugh Grove, the publication of which has been unavoidably delayed, will appear in the next number, also a Paper by Canon Jackson on The Sheriff's Turn, Co, Wilts, 1439, Sfc. AGENTS FOR THE SALE OF THE WILTSHIRE MAGAZINE. Bath R. E. Peach, Bridge Street. Bristol T. Kerslake, 3, Park Street. Bradford on Avon. J. Day, Old Market Place. Chippenham G. Notes, High Street. Devizes H. F. & E. Bull, St. John Street. Marlboroagh W. W. Lucy, High Street. Mellcsham A. Cochrane, Bank Street. Oxford J. H. & J. Parker,, Broad Street. Salisbury Brown & Co., Canal. Swindon J. New. Warminster B. W. Coates, Market Place. H. F, & E. BULL, PRINTERS, DEVIZES, No. XXXVIII. MAY, 1872. Vol. XIII. THE WILTSHIRE IrrljMihigirfll anil Jkttmtl HSisturtj MAGAZINE, OP THE SOCIETY FORMED IN THAT COUNTY, A.D. 1853. DEVIZES : Printed and Sold for the Society by H. F. & E. Bull, Saint John Street. LONDON : Bell & Daldy, 186, Fleet Street ; J. R. Smith, 36, Bono Square. Price is. 6d. — Members, Gratis. The ANNUAL CONGRESS of the SOCIETY will probably be held at TROWBRIDGE, towards the end of July next. NOTICE TO MEMBERS. Members who have not paid their Subscriptions to the Society for the current year, are requested to remit the same forthwith to the Financial Assistant Secretary, Mr. William Nott, 15, High Street, Devizes. The Numbers of this Magazine, will not be delivered, as issued, to Members who are in arrear of their Annual Subscription : and who on being applied to for payment of such arrears, have taken no notice of the application. Some of the early Numbers of the Wiltshire Magazine are out of print, but there is a supply of other Numbers which may be had by persons wishing to complete their volumes, by applying to Mr. Nott. The Annual Subscriptions (10s. 6d. payable in advance, and now due for 1872), should be sent to Mr. William Nott, Savings Bank, Devizes, to whom also all communications as to the supply of Magazines should be addressed. All other communications to be addressed to the Honorary Secre- taries : the Rev. A. C. Smith, Yatesbury Rectory, Came; and Mr. Cunnington, St. John's Court, Devizes. The Rev. A. C. Smith will be much obliged to observers of birds in all parts of the county, to forward to him notices of rare occurrences, early arrivals of migrants, or any remarkable facts connected with birds, which may come under their notice. THE WILTSHIRE 5lrrl|(Ptilngirnl anil Batrad listanj MAGAZINE. No. XXXVIII. MAY, 1872. Vol. XIII. €onttntS. PAGE. The Sheriff's Turn, Co. Wilts, A.D. 1439 : By the Rev. Canon J. E. Jackson, F.S.A - 107 Records of the Rising in the West, A.D. 1655: By W. W, Ravenhill, Esq 119 The Flora of Wiltshire (No, XIV.) : By T. B. Flower, Esq. M.R.C.S., F.L.S., &c., &c 189 The Museum and Library 224 ILLUSTRATION. Ground Plan, &c., of Premises at Devizes, purchased by the Society 224 DEVIZES : H. F. & E. Bull, 4, Saint John Street. LONDON : Bell & Daldt, 186, Fleet Street; J. R. Smith, 36, Soho Square. THE WILTSHIRE MAGAZINE. " MULT0RUM M ANT BUS GRANDE LEVATUR ONUS," — Ovid. % s fen, Co. WkU A.D. 1439. By the Rev. Canon J. E. Jackson, F.S.A. URN/' (says Jacob's Law Dictionary) "is the King's Leet (or Court) through all a County, of which the Sheriff is J udge, and this Court is incident to his Office, wherefore it is called the Sheriff's Tourn. It had its name originally from the Sheriff taking a Tour or Circuit about his shire and holding this Court in several places : for the word Turn properly taken, doth not signify the Court of the Sheriff, but his Perambulation." In ancient times this Court used to be held in every Hundred in a County as often as the Sheriff thought fit, but by Statute it was afterwards limited to twice a year. A Jury was sworn, and Tithing-men made their pre- sentments. The offences presented were chiefly of the minor sort, nuisances and annoyances; such as selling of corrupt victuals, keep- ing false weights and measures, disturbances of the peace, injury to public roads, and the like; matters which have long since devolved upon Magistrates at Petty Sessions. Old payments due to the Crown, either from a Hundred, a Tithing or a Manor : " Certain Money," or " Tithing Silver," " Certain Silver," or « Cert-silver," {( Leet (sometimes corrupted to " Lady) Silver," were at such times received by the King's Officers.1 The places at which the Sheriff, or his Deputy, attended in his " Turn" or Circuit, to hold his Court, were not always either in JThisis I believe the meaning of the word " Certum." Payments of this name still continue, in the Hundred of Malmesbury for example, not to the Crown, but to the Lord of the Hundred. VOL. XIII. — NO. XXXVIII. I 106 The Sheriff's Turn, Co. Wilts, A.D. 1439. Towns or Villages where the "Black Swan" or the "Red Lion" might present friendly consolation to man or beast, but very often at out-of-the-way and lonely spots used from very remote antiquity for purposes of public rendezvous. Deborah (who must have been a very remarkable lady) prophetess, poet and warrior, held her Court as Judge of Israel "under the Palm Tree of Deborah" near Bethel in Mount Ephraim. In Wiltshire the rendezvous was sometimes upon a bleak down, or at an ancient Elder stump, or old Hoar Stone, on the limits of a Hundred: some old fashioned gathering place or other, established by lapse of ages, as the lawful place, at which, and no where else, the Crown dues were payable; no matter how personally inconvenient to the Crown officer, his Deputy, his Bailiff or any body else.1 "What follows is the substance of an original Latin document of the year 1439 (17. Hen. VI.), found among the Marquis of Bath's 1 Many examples might be produced from every County in England of Hills, Trees, such as Oaks, or old Elder stubs, large Stones, &c, having been Replaces for Public Meetings of various kinds. The following are a few instances that happen to be at hand. At Edwinstowe in the middle of Sherwood Forest, there is (still protected) the " Parliament Oak" under which, according to tradition, a Parliament was held in E. Edw. I. Near Dereham, Co. Norfolk, is a Hill on which the Sheriff's Court for the County used to be held. (Walter White's E. Counties, I., 211.) In Tollard Royal, (South Wilts,) Sir R. C. Hoare (Chalk. 172) says, " There is, or till within a very few years past there was, a Court Leet of this manor with the Liberty of Lavermere, held in every year on the First Monday in the month of September. It is opened under a vast spreading tree called the ' Lavermere or Larmer Tree.' " The Bishop's Court at Winchester having jurisdiction over all places formerly belonging to the Convent of S*. Swithin, used in Norman days to be held under an Oak called "Cheney Oak" from chene, French for that tree. The Wapentake of Barkston Ash in Yorkshire probably takes its name from some similar custom. The Hundred Court of Stone, Co. Somerset, is still held at a standing stone on a hill within the Hundred. In the Stone is a hollow, into which it is cus- tomary, on opening court, to pour a bottle of Port wine ! In the Hundred of Cullingford Tree, Co. Dorset, it was the custom formerly when "the Tithing" was paid "in the open" for a blind dog to be brought upon the occasion : and indeed (as stated by Mr. Seymour D. Darner in Notes Sf Queries 1871), " This unintelligible custom was in a certain measure carried on only a few years ago, by a dog being blind -folded." By the Rev. Canon J. E. Jackson. 107 Papers at Longleat and now used by his kind permission. Turned (for the sake of more popular reading) into English, and a number of formal repetitions being left out, it presents the official record of a fC Sheriff's Turn :" viz., the account rendered to the Crown, by the Sheriff of Wilts, after he had, by himself or Deputy, visited the various places in Wilts, which in early days, had to be visited, in order to receive from the County of Wilts, such payments as were due to the Exchequer. It will be seen that out of the fifteen Hun- dreds in Wiltshire mentioned in it, there are several places appointed for the Meeting of the Sheriff's Court which it would now be very difficult if not impossible to identify. The fifteen Hundreds, and the localities in each appointed for the holding of the Court, were as follows. Swanburgh . held "there." Kyngbridge . j) "there." Cad worth at "Wilton." Chalke . . . at " Housthornys." Done worth . at "Staple." Wermester . at ' "Ilegh." Brench and Doll "Wirdscliff." Heightesbury at "Ilegh." Wherwells down "there." Westbury "there." Malmesbury . at "Coufold— (Colepark). Frustfield . . "there." Chippenham . "there." Bradford. . . at Lye — (Bradford Leigh). Caudon . "there." But, "where" one may ask, are the positive localities, great or small, now called " Swanborough," " Kyngbridge," "Housethornys," " Wherwell's Down," or "Wirdscliff"? They, or some of them, may be and very possibly are, capable of being traditionally pointed out, but they do not appear upon any Wiltshire Map that I have ever seen. The Place of Meeting, for the Two Hundreds of Heytesbury and Warminster was at " Ilegh." This spot is about two miles south of i 2 108 The Sheriff's Turn, Co. Wilts, A.D. 1439. Warminster, close to Southleigh (or "Sowley") wood. Here was an Oak called " Iley Oak/' or "the Hundred Oak." Sir R. C. Hoare (H. of Warminster, p. 11) prints a document of A.D. 1651, in which it is stated that " The Courts holden by the Sheriff, called < The Sheriffs Turn Courts 3 are kept at Iley Oak." And in a MS. Register (at Longleat) of the Protector Duke of Somerset's Estates in Wiltshire, is this entry : " Out of Corsley Manor/-' (near War- minster) " was paid viijs yearly, to the Sheriffs Turne at Hundred OTce> 1 A lively discussion was conducted some years ago in this Magazine, about the site of the celebrated Battle of iEthandun; in the course of which, an ingenious suggestion was made by Dr. R. C. Alexander Prior as to the route taken by King Alfred (V. 193). The stages of the King's advance against the Danes, according to the two old authorities, the Saxon Chronicle and Asser, had been, from Athelney to the " Petra Ecbrighti," or Ecgbright's Stone in the eastern part of Selwood: where he was met by the Men of the Counties Somerset and Wilts and part of Hants. Next day to iEcglea or Iglea where he encamped for one night. On the third day he encountered the Danes at iEthandun, defeated and drove them into a stronghold. Dr. A. Prior, [on the supposition that Ecbright's stone was Brixton Deverell] suggests that "Iglea" (if that is the real word) would from its meaning, (viz., " island flat ") be found probably in the vale of Wyly near Heytesbury ; in which case the Down above Heytesbury might be .iEthandun, and Bratton Camp, the stronghold. This suggestion is, so far, curiously supported by the fact that in the vale of Wyly, two miles below Warminster near Bishopstrow Church, there is a ground marked in old maps as an island formed by the river Wyly and another small contributory stream: also, that about 400 yards from this are, still existing, the remains of a Camp, called " The Buries." Iley Oak or the oak where the folk of the Hundred of Warminster attended the Sheriff's Court was contiguous to the Camp called " The Buries." A verv old man told me that the exact site of this oak (now gone) was close to Lord Heytesbury's Lodge at Sowley Wood (of which wood, Iley Wood forms the eastern part). A spot to which the Hundred had for centuries been summoned to meet the Sheriff, being notorious, might have been fixed upon as a rendezvous for military muster. E»,ut Brixton (Deverell) could scaroely have been Eegbryght's stone, for in Domesday Book Brixton is distinctly called " Brictric's Town." This according to the meaning of the Anglo-Saxon word " town," would signify the en- closed, or separate lands of some great owner of the name of Brictric: but " Ecgbryght's Stone" indicates a wholly different origin, viz, a Memorial of some circumstance or transaction connected with a hero of the name of Ecgbryght : either a combat, or a compact with neighbours, a limit of property, or some other of the many purposes for which great stones used to be set up in ancient times. If therefore in that neighbourhood any such Stone should still be forthcoming, bearing to this day a name at all approaching that of " Ecgbright's By the Rev. Canon J. E. Jackson. 109 This is a specimen of the original Record. " SWANBURGH. Turnus Vic' tent' ibm die Merc' prox' post Festm Stor' Tiburcii & Valeriani Anno R. Henr' Sexti post conqm xvij0 Stone," its claim to having been King Alfred's rendezvous fairly deserves to be considered. Now it does so happen that a few miles N. W. of "Warminster there is still to be seen an Ancient Stone, called " Kedbridge Stone," marked on Andrews and Dury's County Map of Wilts, 1773. It is not very large : projecting at least above ground only two or three feet. It stands on the Fair- wood estate, in a small plantation on the left hand of, and touching the Railway cutting, about one mile from "Westbury Station going towards Frome. The mouth of the people, which has turned "Freeman's" into " Vermin's," "St. Edith's " into " Tiddy's," " St Oswald's " into " Snozzle's," and " Bello Sguardo" into " Beller's Garden" may, easily enough, have degraded " Ecgbryght's" into ■ 'Redbridge." I do not wish to be understood as contending that this is or must be the real Petra Ecbrighti. Not that there is likely to be any old Ochiltree to call out from behind a hedge, "Praetorian here, Praetorian there, I mind the bigging o't" — for it has all the appearance of great antiquity; but still, it may have some perfectly different history. The existence of such a stone, bearing such a name, standing towards the East of Selwood, well known to the peasantry and marked in a County map, struck me as a curious circumstance, and for that reason I mention it. Being close to the border of two counties it would have been a not unsuitable place for muster, and a ride of thirty miles through Sel- wood would have brought the King and his Staff to it from Athelney. Supposing then only for a moment that this was King Alfred's first halting place, where was the next, the much disputed iEcglea ? It is difficult to believe that it could have been either at Cleg Hill, or Buc/ey, or Leigh (near Westbury) or Iley mead near Melksham, all, places that have had their advocates. The distances are far too insignificant : and the same may be said of Iley Oak (near Warminster) above mentioned. The secret of Alfred's success [like that of Joshua against the Amorites] lay in the rapidity of a forced march. " Having with him all his men of war and all the mighty men of valour, Joshua came unto them suddenly, and went up from Gilgal all night." K. Alfred did not indeed go up " all night" but he " went up" from break of dawn, all day : till he reached iEcglea. In order to reach any one of the places above named he needed not to start quite so early nor travel so long. It must surely have been at an unusual distance. Dr. Beke, Professor of Modern History at Oxford many years ago, suggested that the King struck straight across Wiltshire till he reached the opposite boundary, where the Hundred of JEcglei in Berks begins. This was an Old Hundred, but is now merged in another, the two forming Kintbury Eagle. The precise spot called iEcglei from which the Old " Hundred" toolc its name may now be unknown ; but some particular spot so called there must have been ; precisely as in the case of several existing Wiltshire Hundreds mentioned above in the Text. Perhaps some Berkshire archaeologist may some day be able to discover it under the disguise of Eggle, Aggie, Edgelease, Englo, 110 The Sheriff's Tarn, Co. Wilts, A.JD. 1439. " Decenna de Cheverell Magna ven' plene : Et dat de oerto — vi.d. ad hunc diem xv8. iiijd. Et pres' qd Ricardus Touker molen= mia xiid -dinarius injuste cepit tolm exe. Ideo ipse in mia. Et qd via regia (apud) Hoke Bench infunderetur in defectu Johis vi.d. Russell. Ideo ipse in nria. " Decenna de Litleton ven' plene* : Et dat de certo ad hunc mia vid diem viijs, viijd. Et pres' qd Wills Leder moln6 injuste cepit tolm. Ideo ipse in mia. " Decenna de Lavington Gernon quum venire deberet plene non venit nec aliquis de decenna sua Et nihil datum de certo Et vocata sub pena xl8 non venit. Ideo pena predicta." [And so on.] The Return for each Hundred concludes with a Declaration on the part of the Jury, confirming the Presentments in each case. "xiiim Jurat1, videlect Johes Stampford et soc' sui affirmant omnia superius" presentata. Presentant ultra predio' quod via regia prope Chirton infunderetur ad nocumentum in defectu vi.d. decenne de Cherington. Ideo ipsa in mia. Et precept 'est Decenne de Chirton emend cit' prox' sub pena xl8." Oakley or Oxley, or some name of similar sound, attached to some petty hill, copse, or corner. At all events, if the Hundred of iEcglei in Berks any where touches the boundary of Wilts, a forced march of thirty five miles would have brought Alfred's men of valour from Ecbright's stone on the western frontier of Wilts to iEcglei on the eastern, in the course of the second day. On the next day the celebrated iEthandun battle took place. There is an Edington quite close to Hungerford, but Dr. Beke suggested Tattendon which is about fourteen miles off. This latter is the place mentioned in King Alfred's will as one of his own estates, and certainly nothing is more likely than that he would have secured to himself the very soil on which he crushed the Danish power and secured his throne. Dr. Beke's explanation has been by some considered to be very improbable. But why so ? Alfred's expedition was a master stroke, the sudden pouncing of a hawk upon its prey. It required energy and celerity. Tardy movements of a few miles a day, almost within sight of the enemy, would never have answered his purpose. In this respect Dr. Beke's suggestion is one that seems to satisfy the most essential demands of the case. By the Rev. Canon J. E. Jackson. Ill The Record of the Sheriff's Turn, translated and abridged. SWANBURGH. The Sheriff's Turn held there on Wednesday next after the feast of Saints Tibertius and Valerian [April 14] xvii Hen. 6. The Tithing of Cheveeell Magna came in full and paid cert silver due for this day xvs. iiijd. And it presents, That Richard Touker Miller hath taken excessive toll. Therefore he is in mercy (i.e., at the mercy of the Court). And that the King's Highway at Hoke Bench is overflowed through fault of John Russell. Therefore he is in mercy. Cheverell Paeva pd. 4s. John Norton and Matthew de Aune (or Anne) fined vid. each for breaking the assize of beer. Also for selling beer in false measure [" per siphos et discos false mensure."] The Tithing saith it hath not the said " siphos." John Norton, miller, fined for over toll. Littleton pd. 8s. 8d. Wm. Leder, miller, fined for over toll. Lavington Geenon ought to have appeared but did not, nor any one from the Tithing. No money paid. To appear next time under penalty of xl3. Stapul Lavington pd. 8s. 8d. Wm. Reynolds, miller, fined. Roger Clerk, sworn to assize. Escote has two Tithingmen. Nicholas Pulle, one of them, to be rebuked for not appearing. 83. 8d. John Cley junr., miller, fined vjd. Also John Cley, sen1, do. Eechesfont. Two Tithingmen. 14s. Wm. Mershman, and John Shoter, in default. Wedhampton. Two Tithingmen. xvi8. vid. Highway out of order through fault of the whole Tithing. To be mended, or 40s. fine. Conok. Two Tithingmen : 10s. 8d. Highway (as the last). Steete. 4s. John Note and John Green, at two mills, fined. John Green also in default. The King's highway in Echelham-strete within the Tithing of Sterte is overflowed, owing to Nicholas Tyler's ditch not being scoured. Ordered, &c. Echelhampton. 3s. Elias Hill in arrear. Allington. 69. All well. [" Pres' qd. omnia bene."] Allecannings, Four Tithingmen : 28s. John Sutman, miller, fined. High- way called Mere way, to be repaired by the Tithing.1 Staunton. Two Tithingmen : 13s. Edw. Brid, and John Gye, millers, fined. John Jakys's ditches to be cleaned . highway under water. Atjlton Beenees. 29. Robert Notte, miller, fined. Wodebtjegh. 3s. John Jentilman, miller, fined. John Gilbert in arrear. Deaycote. 3s. All well. Oaee. 3s. John Lovele's ditch. John Cloue and John Brid's d°. Manyngfobd. 6s. Peter Botoner, Miller, fined. Newynton. 48. John Knyght, Miller, d°. Woodbrido bridge broken. Tithing to repair. 1 In All Cannings the copyholders used to pay (besides a email nominal yearly rent) " work-silver 2s. 2d.," " Certain money I7d.," and "Sheriff's Eve 3a!." 112 The Sheriff's Turn, Co. Wilts, A.I). 1439. Hulcote. 8s. 8d. All well. Bychyngstoke. 5s. All well. Rusteshalle. 5s. John Silk, miller, fined. Highway at Northbridge. Tithing to repair. Charlton. 6s. 8d. John Torner, Miller, Philip Manyng, hutoher. sells bad meat. The xii jurymen, viz., John Stampford and his fellows confirm all the aforesaid presentments. And present that the King's highway near Chirton was flooded, through fault of Cherington tithing. Ordered, &o. KYNGBRIDGE. The Sheriff's Turn held there Thursday after the Feast of Saints Tibertius & Valerian xvii Henry 6. The Tithing of Wahbeegh, came. Paid nil : and says he is not bound to be on the Jury, nor make presentments against himself. Claims assize of bread and beer. Crofton, came : pays for this day, nil : for Michaelmas, 2s. Ought not to be sworn nor to present : and claims as the last. Wekeltscote, oame. 5s. 4d. All well. Helmeeton, d°. 2s. All well. Ludyngton, came. 4s. 6d. Thos. Darull, and John Jewr', millers, fined. Highway at Morelane, to be repaired by the whole Tithing. Medbuen. 4s. 6d. Highway called Ikelislane, to be repd. by Tithing. Esthbop, came. 6s. All well. Hodeston came 7s. D°. Westhoep. D°. 6s. Nothing to present. Ovee Weotjghton. D°. 4s. All well. Beneknolle. D°. 8s. Thos. Frankleyn, miller, fined. Saltharp. D°. 2s. Basset-c/os highway to be repd. Cleveansy. D°. 39. All well. Lydeaed Teegos. D°. 2s. " Bornbridge lane," the King's highway, out of order owing to the Rector Walter Eliot' s ditch. — He is in mercy. H igh- way at Mershweyets and Chikemedes ende, out of order owing to ditches of Rob. Grene and Walter Salter. Wm. Webbe sworn to assize. Cleye Pepaed. 2s. 10d. John Roger, miller, fined. Wydecombe. 2s. 3d. Wm. Wydeoombe's ditch. Toexenham. 2s. 6d. Hulle lane. Walter Spencer's ditoh. Beodetonne. Made no payment. xii Jurymen. Will™. Shirley, and his fellows, &c. CADWORTH. Sheriff's Turn held at Wilton Tuesday after the Feast of St8 Tibur- tiusj Sec The Tithing of Sutton came in full. Pays to the King at this day 68. 8d. All well. Fovent. 8s. 8d. Thomas of Devyse. miller, fined. The Tithing fined for not By the Rev. Canon J. E. Jackson. 113 presenting beer measure. Walter Smyth sells beer by cups, &o., not sealed. King's way called the Shoteshute near Fovent under water. Huedecote. 3s, 4d. John Purchas in default. Highway called Bellepole under water, through fault of Wm. Necke , Rector there, [i.e., R. of Baverstock.] Beeepoed. 4s. 2d. Highway at Whitecroft. John Kevell's ditch. John Haytor's dung heap encroaches on the highway — fine. The said John harbours whores and talebearers day and night [sustentat meretrices et garolatrices tarn per diem quam per noctem ad commune nocumentum vicinorum] to the common nuisance of the neighbourhood. So does Thos. Derham. To be attached in person for their transgressions. The Mershway at west end of Berford, to be repaired. Bettcombe. 2s. Walter Tettebury, miller, fined. Netheehampton. 2s. Stephen Dancey in default. xii Jurymen, viz., Wm. Launcevale and his fellows, &c. CHALKE. Sheriff's Turn held at Housthornys, Tuesday in Easter week 17 Henry VI. The Tithing of Semeley. 5s. John Nedele, John Redehede, in default. Highway at Clement hys lane, injured by J. Clement's ditch. The path by Horse Leaze ilper legas equestr ") injured by John Whytemersh's ditch. Thos. Pyle neglects his ditches ; Uffurlong hys lane, otherwise called Huse- lane, is injured thereby. Beeewtke. 6s. 8d. All well. Alveston. 4s. 6d. John Schypeston in default. Eblesboei*. 6s. 8d. All well. Fiffide paid nil. Francis Gartener, ale-measures false, and not sealed. Beodechalke. 6s. 8d. John Gille, Miller, fined for over-toll. Boweechalke. 6s. 8d. Knyghton. 5s. John Milward, miller, fined for d°. Stoke Yeedon. 5s. John Jegill, miller, fined. xii Jurymen, viz*. Robert Saleman, and his fellows, &c. DONEWORTH. The Sheriff's Turn held at Staple, Thursday in Easter week xvii Hen. 6. The Tithing of Swalcliff. 3s. 4d. Simon Milward, miller, in default. Segill [Sedgehill]. 4s. Thos. Moleynys in mercy. Hacche. 6s. 7d. Nicholas Scamell, miller, fined. Henry Staunley has not repaired the wateroourse at le Hawes. Ordered, &c. Chikelade. 3s. All well. Beewyeie. 4s. D°. Fontell. 8*. 9d. D°. 114 The Sheriff's Turn, Co. Wilts, A.D. 1439. Riqge. 23. D°. Chilmarke. 2s. John Tailour, miller, fined for over toll. Chikestkove [Chicksgrove]. 8s. All well. Teffont. 3s. 4d. D°. Tissebuey, 7s. Nicholas Nekke in default. The " Polewey," King's high- way to be repaired by the Tithing. Stapull. 8*. Richard Alisaundre and John Stephenes, millers, fined. xii Jurymen, via*. Richd. Alisaundre, and his fellows, &c. Further they present Nicholas Nedel a nightwalker and disturber of the peace. WERMESTEK. The Sheriff's Turn held at Ilegh on Friday in Easter week xvii Henry 6. The Tithing of Sutton Paeva, came. 3s. All well. Sutton Magna, d°. 6s. 8d. D°. "Wermestee, came. 2s. Robert Carpenter, Miller, fined. Thos. Bulbroke, Wm. Bugwell, their bread contrary to the statute. John Shissheley, Wm. Nedecomb, sell hay and oats at unlawful profit. Richard Fort, Geo. Byngle, fraudulent in selling beer. Thos. Hancocks, ale measures wrong. Upton. 3s. All well. Donyngton, [Dinton] came. 0s. 8d. Thos. Simmer, Wm. Atteyate, in default. The latter, further fined for over-toll. Tepfont, ought to have come and paid 6s. 8d., but neither came nor brought it : so he is in mercy ; but he afterwards brought it. Fisheeton and Babeton, paid nil. Richard Jay, miller, fined. Perteworth. 2s. All well. Bishopstrowe, paid 'mi. Norton. 5s. Nicholas Stevens, miller, fined. xii Jurymen, viz*. John Cutting and his fellows, &c. They further present that the Tithing of Wermester presents Geo. Byngle unjustly. BRENCH & DOLL. The Sheriff's Turn held at Wirdescliff, Monday after the Feast of St8. Tiburtius & Valerian 17° Hen. VI. The Tithing of Gore Did not come, nor any of the Tithing, nor pay 53. 6d. The bailiff of the Hundred to distrain the Tithingman and Tithing, and to carry [" cariare "] him to the King's castle at Sarum and there keep safe till he has satisfied our Lord the King. Tidelslde. 5s. 6d. Alice Smythys against the peace of our Lord the King, forcibly entered the house of Thos. Barnabee at Tidelsyde. Orcheston. 4*, John Fairhere, Wm. Gawayne, Walter Oram alias Hay ward, in default. Clipton. 6s. All well. By the Rev. Canon J. E. Jackson. 115 Madfngton. 3s. 4d. Philip Atte Stone in default. Abboteston. 3s. 4d. All well. ASSERTON". 3s. D°. Sharnton. 7s. 9d. Stephen Salf 's ale measures wrong. John Ghue (?) miller, fined, Little Langford highway : the whole Tithing ought to mend, but has not mended. "Wilt, has paid nil. Edw. Felawe miller, fined. Highway at "le Marshe". Stapul-Langeford. 83. 8d. John Clark in default. The same, and Nicholas Baker use false ale-measures. "Wiccheford. 12d. All well. Neweton. 28. John Kyngman, miller, fined, Robert Boley's ale-measures false. Quydhampton Highway not repaired as it shd. be, by the whole Tithing. Btmerton. 6s. 8d. John Jerveys, and John Makerell in arrear, also Rob. Calysshe Brudecombe. 7s. Wm. Russell, John Bauchyn, John Paperay, Edw. Fletcher, Thos. Alabre, and Wm. Ballard, in default. Lettice, wife of Gode- felowe is a common brawler : ordered to be arrested. Joan, wife of John Wattys is a common thief, ["latruneula"] The same order. The King's highway towards Wilton ought to be repaired by the "formann of Fisherton Aucher and his formanria." Ditchampton highway to be repaired by the whole Tithing. The xii Jurymen, viz*. Wm. Bote and his fellows, &c. Further present the King's highway opposite St. Giles's ought to be mended by the Tithing of Newton. HEIGHTESBURY. The Sheriff's Turn held at High, Friday in Easter week 17 Henry VI The Tithing of Immere paid 5s. All well. Orcheston. 3d. D°. Asheton. 6s. 8d. Thos. Marchaunt, miller, fined. Bathampton. 5s. John Kyng, d°. Codeford. 8s. All well. TJbeton [Upton Lovell], paid nil. Wm. Reynolds, miller, fined. Horntngesham, paid nil. Thomas Carpenter, miller, d°. Botton" brought no money. All well. Balecltff fined for not coming, owes 5s. The xii Jurymen viz*. Wm. Burton and his fellows, &c. Further present that the men of Tuderyngton have made a "marling putt" close to the highway called Dylpitts. Ordered, &o. WHER. [ Wherwettsdown^ The Sheriff's Turn held there on Saturday in Easter week 17 Henry VI. The Tithing of Tidelside. 19|d. All well. 116 The Sheriff's Turn, Co. Wilts, A.B. 1459. Couleston. 3e. 3d. Jolin Chaundeler, and John Dregge, in default. Tynhede. Two Tithingmen. 6s. 6d. John Danyell, Junr. and Senr., Roger Pile, Robert Sawye, Richd. Drouner, Richard Gay, John Perys, John Bianeford, in default. Edyngdon. Two Tithingmen. 5s. 6d. Geo. Milward, miller, fined for over-toll. Suthwyke. Two Tithingmen. 6s. 6d. Walter Bocher, "carnifex," sells bad meat. Bbadley. 15d. Wm. George, miller, fined. Litelton. 3s. 3 . Cristina Passion, miller, fined. Semelton. 3s. 3d. All well. Henton. 3s. 3d. D°. Kevelegh, 2s. 5d. John Thorner, miller, fined. Stepul Assheton. Two Tithingmen. 6s.,6d. Wm. Mussell, butcher, fined: Nicholas Gome, John Gey, millers, d°. West Assheton. 3s. 3d. All well. The xii Jurymen, viz*. John Gore and his fellows, &c. Further present that the King's highway at "le Swele" is repairable, by Edyngton tithing. Ordered, &c. WESTBURY. The Sheriff's Turn held there Saturday next before the Feast of Saints Tiburtius and Valerian 17 Henry VI. The Tithing of Westbuby. 5s. 8d. Wm. Say, miller, John Gibbes, d°. fined, for over-toll. The whole Tithing at the mercy of the Court for not bringing its measures. Richard Wyse to take the assize of bread, &o. Bbatton. 4s. Thomas Wagay, Thomas Robyns, Thos. Forme and Thos. Gybbes, in default. John Andrews, John Jeffreys, millers, fined for over-toll. Richard Sweetappul, brewer, fined. The same Richard fined again for selling beer in unsealed measures. Lyegh. 4s. John Clifford, Rd. Dirham, miller, fined. Also the Tithing, for not bringing its measures. The xii freemen on the Jury, viz., John Bryt, John Wardour, John Carter, Wm. Janys, Wm. Aldrich, John Redys, Edw. Janys, Ricd. Sweetappul, Wm. Caustell, Wm. Marys, John Yyde, Junr., John Symbole, &c. MALMSBUBY. The Sheriff's Turn held at Coufold/ Friday after the Feast of Saints Tiburtius & Valerian 17 Hen. VI. The Tithing of Somebeobd. 8s. 2d. Robert Felice, miller, fined for over-toll John f Coufold." This was Cowfold Park, near Malmesbury, formerly a grange of the Abbot of Malmesbury. The name was afterwards corrupted to Cold Park, and now Cole Park: belonging to the Lovell family. By the Rev. Canon J. E. Jackson. 117 Bowkelond, against the King's peace, drew blood from Thomas Hilbard with a cudgel worth ld. The footbridge called Odebridge is broken, through fault of Ralph . All fined. Dratcote Cerne paid 3s. Wm. Coke, miller, fined. Foxlet. 3s. All well. Stawton [Stanton St. CJuintin]. 8s. All well. " Hungford's " Asshelet. No appearance. Fined : also fined for not bringing 6s. 8d. Hullavington". 8s. 4d. All well. Segre. 3s. 10d, Thomas Sely, miller, fined. Eston [Easton Percy 1. 2s. 6d. All well. The xii Jurymen present, That John Phelyps has not scoured his ditch, whereby the King's highway at Sterkele is overflowed. Ordered to amend it. FRUST. [i.e. Frustfield.~\ The Sheriff's Turn held there Thursday before the Feast of the Apostles Philip & James 17 Hen. VI. The Tithing of Abboteston. 6s. 6d. All well. Aldreston. 3s. 6d. John Francowe and Robert Gelle, fined for selling beer in unsealed measures. Coulesfeld Sturmt. 6s. 2d. The King's highway at Lockeshall out of order through fault of the Tithingman and the whole Tithing. Coulesfeld Loveras 4s. 3d. All well. But fined for not bringing the " Sheriff's Aid," as they should have done. Coulesfeld Spilman. Is. 5d. All well. Lanefoed. 4s. 8d. John Pykewell, John Coke in default. John Attemull, miller,fined. King's way called Gony,[or Eony,]under water, through fault of the ditches on both sides : John Attewode and Peter Mershman ought to scour them. Ordered to be done. Thomas Wykat in default. The xii jurymen, viz*. John Kyngeswode and his fellows, &c. CHIPPENHAM. The Sheriff's Turn held there Saturday after the Feast of St8 Ti- bertius & Valerian 17 Henry VI. The Tithing of Sherston 17d. Wm. Tresham, miller, fined. Rob. Heart in arrear. Lokyngton. 2s. John Prymme in default. Aldryngton. 3s. All well. Cerendon [Surrenderi]. 33. All well. Wroxhale. 3s. Wm. Atte Mulle, miller, fined : John Goldyng, d°. d°. Wrc. Chilthe, sworn to assize. Boxe. 20d. Wm. Pycot, miller, fined. Hertham. 17d. All well. 118 The Sheriff's Turn, Co. Wilts, A.D. 1439. Lakham. 33. John Tocker, and Walter Scott, millers, fined. Thos. Brown in default. Richard Mason, Henry Smith, Robert Webb, d°. Tyderington Lucas. 2». All well. But afterwards presents that John Yidelew's ditch not being cleaned, the highway is under water. John Mordon, to assize. Langley {Burrell], 2s. 6d. All well. Oadenham. Is. 9d. All well. Harden-hewys. Is. 6d. All well. Yatton \_Keynell]. 2s. All well. Lye {Leigh Delaware], 4s. All well. But afterwards presents Walter Hunt and John Bylewyn in default. In mercy of the Court. The xii Jurymen, Edw. Paternoster and his fellows, &c. BRADFORD. The Sheriff's Turn held at Lye, Monday next before the Feast of St. George 17 Hen. VI. The Tithing of Bradford. 5a. 6d. John -~ , miller, fined. Thos. Fox and Robert Shyrewhyt, bakers, short of weight. John Burton, innkeeper (" ostel- arius"), Alice Boucher, fined for meat and bread. Isabel Fre is a common thief. To be arrested. Wynnesley. 5s. 6d. Wm. Touker, miller, fined. Wroxhale. 2s. 10|d. All well. Atteward. 2s. 10|d. All well. But Thos. Wikes in default. Holte. 2s. 10|d All well. Troll. 2s. 9|d. All well. Chaldefeld. 2s. 10|d. John Dedemull, miller, fined. Lye. 2*. 10|d. All well Broughton. Pays nothing this day, and ought not to be sworn nor present and claims assize. Comerwell. Same as last. Westwode and Rowghley. 2s. 9d. Wm. Sewy, miller, fined. CAUDON. The Sheriff's Turn held there on Tuesday called Hokk, 17. Hen. VI. The Tithing of Langeford. 2s. Walter Lovell, miller, fined. Odestoke. 2s. R. Gerell, miller, d°. Homyngton. 12d. All well. Britford. The Hidarii came : present that they owe no " certain silver." Stephen, servant of Hugh Hurmanden of Durneford in default. Est Harnham. The Forman : nothing paid. Wm. Gibbys, Thos. Gale fined for breaking assize of bread, and selling beer in unstamped measures. The xii Jurymen, Henry Brys and Wm. Keyser. Affur. John Swelwell ) T * John Baker i dur ' 119 JjUtortet of % Rising in t\t tftet, JOHN PENRUDDOCK, HUGH GROVE,ET SOCII, A.D. 1655. By W. "W. Rayenhill, Esq. Read before the Society during the annual meeting at Wilton September 14th, 1870. |?RjKne visit of the "Wiltshire Archseological Society to Compton ^^ftChamberlayne in the autumn of 1870, seemed a fitting oppor- tunity for collecting the memorials that remain to us of the Rising in the "West, A.D. 1655, with which John Penruddock, and Hugh Grove and others are so mournfully but honourably connected. In carrying out this purpose I have endeavoured not to trench upon the designs of histories already published, but rather to gather a narrative, and collect what remains to us of this one matter, largely drawing from the Thomason Pamphlets presented by King George the Third to the British Museum, from family documents most kindly placed at my disposal, by Charles Penruddock Esquire of Compton Park, and Miss Grove of Zeals House, the lineal descendants of our heroes, and in a much less degree, but still I believe as far as possible, from the documents preserved in Her Majesty 's Record Office.1 The chief events of the rising, from its troubled birth to its early dis- solution are related by Lord Clarendon, Echard, Heath, Ludlow, "Whitelocke, Oldmixon and Rapin, the last of whom hazards the statement, founded perhaps solely on " Tre, Pol, Pen/' that Penruddock was a Cornish gentleman, which we shall presently see is quite erroneous. But the most valuable contribution to the literature of that period was made, when the state papers collected by John Thurloe, CromwelFs secretary, were given to the world in A.D. 1742 by Lord Chancellor Hardwicke. After that in A.D. 1751 followed the cold but thoughtful account of William Guthrie of Brechin. 1 That I have compassed all existing materials in so large a field I can scarcely hope. I shall therefore be obliged to any of the readers of this Magazine for any further information. 120 Records of the Rising in the West, A.B. 1655. Our county histories, and who so rich as we, give scattered notices, or more considered portions of the story ; but the matter appears never to have been treated in all its entirety. With regard to the trials which followed at Exeter, much seemed worth investigating. The only account of any of them that I can discover, and which has been admitted amongst the recognised collections of the State Trials is " The trial of the Honourable Colonel John Penruddock, written by himself." This though penned at a very solemn moment, with all the accurateness, of which his highly religious mind was capable, can scarcely be accepted by the antiquarian, or historian, or lawyer, as conclusive evidence of all that then happened even to him; and he never so intended, as is clear from the postscript to it. An examination of the Thurloe Papers and the law of the land as it existed for those who chose to live under the Protector's government, suggests that Penruddock and his fellows were not the martyrs that the book called "England's Black Tribunal/'' would have us believe. Further points in the history of the rising courted inquiry, no- tably the adventures related concerning William Wake, of Blandford, and Robert Duke a relation of the Dukes of Lake — both prisoners at Exeter, and tried at the same assize as Penruddock — wherever the narrative will permit, specially as to facts or documents unpub- lished, or not generally accessible, I shall give the very language of the sources of information. From most of our general historians, the rising and its leaders have received little if any attention. But it will be found to contain much that is stirring and picturesque, a page of our county history of no little interest, an interest which principally concentrates itself upon the fates of Penruddock and Grove. A few words on the origin and families of both. The Groves migrated to Wiltshire from Buckinghamshire about the middle of the fifteenth century.1 A century later they were in possession of considerable estates at Shaftesbury, Donhead, and Feme. The present member for South Wilts, who so hospitably entertained the Society on their visit in 1870, is the representative of this branch 1 Hoare's Mod. "Wilts, Hund. Dunworth, 56 — 58, et pass'. By W. W. RavenMU, Esq. 121 of the family. Another branch some time prior to A.D. 1650, settled at Chisenbuiy Priors in the parish of Enford, Wilts. There they possessed land both freehold and leasehold, the latter held under the famous Hospital of Saint Katherine, which many years since left the environs of the Tower of London, for the Regent's Park. Well-to-do country gentlemen they obtained leases where the free- hold still lay in the mortua manu of the hospital. From them sprung Hugh Grove, a man in his prime in 1655. Married to his cousin Jane Grove of Shaftesbury, he was living a quiet country life, per- chance initiating his son in agriculture or in the science of coursing hares on the neighbouring downs, when his mother did not claim him for his books. What part Hugh Grove took in the civil wars, where, before that, he had been schooled, and other facts of his life up to that time, are lost ; enough that he lives to us in the history of the Rising, as a soldier frank and pleasant, fond of his King and Country. His more distinguished companion John Penruddock, was born in 1619, probably at his father's house at Compton Chamberlayne. The Penruddocks first appear in history in the reign of Edward the second, as residents at Penruddock, a small township of the Manor of Greystoke, in Cumberland. We find one then serving on a Jury in that neighbourhood. In course of time they spread southwards to Wiltshire and other counties. When the head of the house who remained behind, received from Queen Elizabeth the Manor of Arkelby, in Cumberland, on the attainder of Roger de Martindale for joining the unhappy Mary Queen of Scotts, he was merely following the steps of his more fortunate relatives, who in the South by Royal favour, or prosperous marriages, or their own industry had acquired large estates. One of them Sir George Penruddock highly distinguished himself at the Battle of St. Quentin, in 1557, as stan- dard bearer, to William Earl of Pembroke, the Commander in Chief of the British army. The Compton estate was purchased by Edward Penruddock, Esq., of New Sarum, afterwards Sir Edward Penruddock, at the close of the sixteenth century.1 In 1612, on his death, it descended 1 Hoare's Mod. Wilts, Hund. Dunw. VOL. XIII. — NO. XXXVIII. K 122 Records of the Rising in the West, A.D. 1655. to his son, John Penruddock, the Father of our hero. In the fields and woods thereabouts, the latter threw out thew and sinew not without cultivation of mind, till he was sent to Blandford sohool.1 To the same place some years later, went John Aubrey the Wiltshire historian. At the close of his school career, Penruddock passed on to Queen's College, Oxford ; 2 after that to Gray's Inn, to study law. This society admitted him May 14th, 1636.3 Anthony Wood4 says "that at school and college he delighted in books, when a man in arms/' In 1639, he married Arundel daughter of Mr. John Freke, of Ewerne's Courtenay and Melcombe in the county of Dorset, a lady of great mental and personal accomplishments. Their union was blessed in their children, and in their mutual love most strong in trouble and in death. In 1648, on his father's demise, Penruddock succeeded to the family estates. At Christmas in that year and till the sixth of J anuary following, he was with J ohn Aubrey, the guest of Lord Francis Seymour at Marl- borough ; there was hunting, coursing, plenty of good cheer and for Aubrey the safe study, Archaeology.5 During the wars the Penruddocks lost many relations and friends. The death of Henry Penruddock, a younger brother of John, has been already narrated in this Magazine.6 Other troubles to other members of the family will be found in Ludlow's memoirs.7 They suffered also severe pecuniary losses. In addition to the expenditure for men and horses and arms, the Commissioners for Sequestration —those locusts who came up to consume what the hail had left — 1 Payne Fisher. 2 John Milton of Christ's Coll., Camb., M.A., ad eund. 1635; Edm. Ludlow, B.A., Trin. Coll. Ox., 1636. 3 Grays Inn Books. 4 Fasti, 46. 6 Canon Jackson's Aubrey. 6 Wilts Arch. Mag., December, 1855, p. 397. There is another Henry Penruddock to be found in the history of those days, who was a six clerk in Chancery. He was an agent for Charles II. in England, and is mentioned by "Whitelocke (Memorials) as being confined in the Tower (1649). He was an uncle of John Penruddock's. See also 3 Thurloe 459, where he is called by Manning, " the king's prime agent." 7 Ludlow, vol., i. By W. W. Bavenhitt, Esq. 123 visited Compton. I find amongst the Domestic State papers of that period, the following certificate which tells its own tale :■ — " Upon search made into the Books and papers relating to Sequestrations and Compositions in my custody as Registrar to the Commissioners for compounding and managing Estates under sequestration I find that John Penruddoek of Compton in the County of Wilts Esquire compounded for his delinquency and the estate mentioned in the report hereunto annexed and by me attested for which he had a fine of one thousand pounds set, which said fine was all paid into the Treasury at Goldsmith's Hall by the 6th of June, 1649. Examined May 1657." * I have not been able to discover the report alluded to in the above certificate. The " me " is Mr. F. Bailey, who was the registrar of the certificates. In a family account book there are the following entries in Colonel Penruddock's own handwriting : — £ s. d. Paid for my Composition 1300 00 00 My own debts contracted during Six years sequestratation 1500 00 00 There were some dealings too between the Commissioners and Hugh Grove, for Sir R. Hoare 1 mentions a grant made by them to John Dove, Esquire, of New S arum, the Protector's High Sheriff for Wilts, bearing date September 28th, 1650, of the reversion in fee of the Chisenbury priory estate, and in that it is said to belong to Hugh Grove the elder, the father of "our Hugh/' under a lease dated September 15th, 1640, granted to him for the lives of his two sons Hugh and Robert, and his grandson Hugh, the son of Hugh the younger. The property at this day still belongs to the Grove family. It is clear from the above statements, that Penruddoek if not Grove, fought for the crown. I pass over here as beyond my present purpose, all events that led to the death of the King, which happened a few wreeks after the pleasant hospitalities of Lord Francis Seymour — I pass over the steps by which General Cromwell became Lord Protector of this realm — as also the session of Parliament which assembled on " 1 1 is * State Papers, Domestic Series. Interregnum. Commissioners for compounding with Delin- quents. No. 323. 1 Modern Wilts, Hund. Elstub and Evcrlcy, 17. K 2 124 Records of the Rising in the West} A.D. 1655. Highnesses own day," (September 3rd, 1654,) and sat till it was dismissed with scolding on the 22nd of January following. The Protector then told them that he had certain information that the Levellers and Cavaliers were plotting against himself and govern- ment, and his information, being derived from the best authorities, amongst others a spy at the King's elbow, proved correct. There was coquetting between these two very different parties.1 It is therefore not surprising that John Wildman, the most rampant of Levellers, was arrested at Easton near Marlborough, about the time the latter place was intended to be attacked by the Wiltshire Cava- liers.2 He was sent to Chepstow Castle, and afterwards brought up to the Tower of London. Overton and others, including Eyres3 had been secured some weeks before, and Saxty had escaped abroad. The Levellers ranted, plotted, and were crushed, without the Cavaliers striking a single blow. But though these last were troubled, they were not utterly cast down, and a general rising throughout England was arranged. I have been able to find no direct written communication from the King — who now left Cologne where he had been residing for Middleburg, just opposite the East Coast of England — to the Wilt- shire Cavaliers. Richard Pyle was the chief agent for these parts ; there was also a Mr. Kitson, and most important too were the services of Lady Phillips (Phelips of Montacute ? ) The clergy, Dr. Henchman, of Salisbury, the Marquis of Hertford's chaplain, and others, also acted in this capacity. Wilmot, Earl of Rochester, passed disguised into England on one of the most adventurous of all his travels, and set his face for Yorkshire. Others had gone to other parts of the country, to stir up the Royalists, and it was thought that many of the Army would join, bitterly disappointed as they were in Cromwell, for taking so much power to himself. To 1 See Francis Jones's Statement infra. 2Wildman's manifesto (which many authorities say he was interrupted in writing) is given at length by Whitelocke. 3 Eyres was secured in Dublin, Jan. 26th, 1655. He found London too hot for him, and fled to Ireland perhaps to join Ludlow. Mr. Waylen has given an account of his former mutiny in Wilts ; this was the reason of his arrest. 3 Th., 124. By W. W. Ravenhitt, Esq. 125 the West was sent Sir Joseph WagstafFe, a jolly boon companion, very popular amongst his own party , a man bold and courageous, but without the qualifications necessary to make him a great general. The readers of Lord Clarendon will recollect him, as doing good service in the West during the three sad years of bloodshed. With regard to the propriety of rising just then the friends of the King were by no means united in opinion.1 His special agents in this Country " The Sealed Knot 33 were against it, as also many of the leading Cavaliers in various parts. And certainly he himself did not take a very hopeful view of matters, as his letters written about this time clearly shew. The day for action, after a rising had been determined upon, was moreover involved in doubt and confusion, at least to the King and those immediately about him. Lord Clarendon tells us the 18th of April, but long ere this the whole affair, pre- cipitated by the Lord Protector, had crumbled to pieces; and some of those who had joined, were already tried, and left for execution. There was certainly an understanding for a rising at Taunton, to secure that and other places ; and in Wiltshire to attack Marlborough, about the 12th or 14th of Feburary, 1655, but owing to the vigilance of the commandants of the various garrisons, notably Colonel Boteler of Marlborough, it came to nothing.3 After that there were meetings of the Cavaliers at Salisbury, and Compton, and elsewhere ; foxhunting, now that horseracing was prohibited, afforded a legitimate object.3 Sir Joseph WagstafFe arrived, men, arms, and horses were collected, and March the 12th following was fixed as the trysting day. Alas ! one most disatrous in Cavalier annals, for ten years before, it had witnessed the overthrow of Sir James Long and his 400, in the fields and lanes of Melksham. On Sunday the 11th, they met in Clarendon Park about 60 strong; there Mr. Mompesson joined them with 40 men. Thence they 1 3 Clarendon State Papers, 266. 2 See tipsy Jack Stradling's statement, which caused the arrest of Francis Wyndham and others. 3 Th., 172 & 181. Also letter of information, Feb. 11th, 1955. 3 Th., 148. 3 Horseracing was prohibited by Orders in Council, Feb. 26th, 1655. See Order Book in Record Office. Foxhunting took place the week before the rising at West Knoyle and Ludgershall. 3 Th., 630 & 640. 12(> Records of the llising in the West, A.I). 1655. marched to Blandford, where they enlisted 80 more. Thence they returned towards Salisbury.1 Having waited some time for their friends from Hampshire, of whom few (among* them two of the Duke family ,) came, they feared to wait any longer, and so at the early dawn of the following morning, whilst it was yet dark, to the num- ber of about 200, led by Sir Joseph Wagstaffe, Colonels Penruddock, Grove and Jones, they entered Salisbury. They posted a good force on the Market Place, and forthwith seized all the horses in the town, at the same time putting guards on the various hostelries. Then they broke open the gaol, and found willing recruits. After that they apprehended in their beds, the J udges of Assize, the Lord Chief Justice Rolle, and Mr. Baron Nicholas,2 and the High Sheriff of Wilts, Mr. J ohn Dove, who were assembled in that city for the Spring Assizes.3 Having brought both Judges and Sheriff out of doors, Wagstaffe ordered them to be hanged. Penruddock with the feelings of a Hallam 4 protested against this step, and induced the party to allow the Judges to go free, shorn of their Commissions, telling them to remember to whom they owed their lives, whilst the High. Sheriff — one of the King's Judges — was reserved as a very sufficient hostage. The latter narrowly escaped death, for he refused, though weeping, in all humility, to proclaim Charles the Second, but it was thought some better man might be exchanged for him, so his life was spared, literally as a prey. There is a paragraph about him in the newspaper called " The Perfect Proceedings, March 15th to 22nd, 1655/' 5 1 See Collin's Sir Joseph Wagstaffe' s servant's statement infra. 2 An ancestor of the present Recorder of Wilton. 3 It is curious to find the following in Rolle's Abridgement, vol. ii, p. 97: — u Justices Itinerants. Henry de Braibrock un justice itinerant esttant surprise en temps Henry III. per Falcasius et Imprison pur ceo que 30 Verdicts avoint passe vers luy. Per l'assent de Parliament le Roy vae enperson ode le clergie and Laietie al seige del lieu and luy deliver accordant. Speed 513. 4 Hallam's Constitutional History. 5 Throughout this paper, wherever possible, I give the modern dates to avoid confusion. Here, 1655, not 1654. For what occurred at Salisbury Lord Clar- endon is the best guide, as he no doubt received his information from the lips of Sir J oseph Wagstaffe. It will not be forgotten that these are but newspapers, and rank not in the same file with records, family or state papers. By W. W. Ravenhill, Esq. 127 " Colonel Penruddock pretended great friendship for the Sheriffe, and sent him a horse and man to wait upon him and sent word hee should dine with him that Monday. Observe, the last words hee made good." At the Market Place, according to another paper " The Faithful Scout," March 16th, 1655. 11 Colonel Penruddock by way of making a speech addressed himself to Lord Holies, assuring him that Major --General Wagstaffe, Commander in Chief had given orders that they should receive no harm to their own persons, and then proclaimed King Charles saying the Duke of York was coming from France with 10,000 men," or, according to another account,1 "that Lord Fairfax had 8000 and Sir William Waller 4000 in London, ready to join them, and there was to be a rising in every county." The good people of Salisbury who it had been thought would join them at once, joined them not. Cautiously they stayed within doors, except where compelled to come out, peeping at the disruption of order, and fearful perchance that a little active indiscretion on their part might reduce their city to ashes. The Parliamentary if not the Protector's party were in the ascendant amongst them. They wished for better days, and the absence of forced loans, and other discomforts of the late King's government. I gather from their corporation books, that the corporation business at any rate was in abeyance at this time. On the 19th of February they met and gave Colonel Dove a rundlet of sack, and transacted other matters. During the last days of that month the feeling that troubles were impending increased. They had adjourned to the 5th of March following. On meeting that day the only business transacted was adjournment to the 2nd of April. Before this the rising was over, but complete calm had not come to them April 2nd. " The Councell met and adjourned to ye 27th day of this instant April at 9 of ye Clock in ye forenoone, and warning to be given thereof by ye officers three daies before." * There is no mention of the Corporation having anything to do with the rising. 1 Perfect Proceedings, March 15th to 22nd, 1655. * Ledger D., Salisbury Corporation Books. 128 Records of the Rising in the West, A.D. 1655. But to return, here is another account of what happened at Salisbury, newspaper also. Weekly Intelligencer, March 13th to 20th, 1655. " The Judges came to Salisbury on Saturday last, being met by Mr. Dove the High Sheriff and his men, and that day divers of the Cavaliers came into the town, it being a time as they supposed of least suspicion. On the Lord's Day about midnight the Cavaliers rendezvoused and were about 200. Monday morning early they seized all the horses, seized on the Sheriff about 7 o'clock, would have forced him to proclaim Charles Stewart King, which he refusing they wounded him in several places, cut him over the face with a sword, knocked him over the head with a pistoll, yet he told them he would lose his life before he would do it, and though he offered them money and other offers, yet they took him away. After they had abused the Judges they took ther paroll ; let out the prisoners, some for debt (as Mr. Gohin, who was in for £1000, and others), and all the theeves and malefactors with their irons upon them, mounted those that would joyn with them, and went out (after they had proclaimed Charles Stewart King,) being about 300." It is pleasant to read afterwards that the High Sheriff was only bruised and not wounded. Few joining them in Salisbury, they determined to leave it and go westward as the morning wore on, knowing that the Protector's forces would be upon them as soon as possible, and feeling that somehow or other they must be reinforced. During their stay some of them attacked the Sheriff 's house ; but it was so ably defended by Major Henry Wansey, of Warminster, with 30 men, who answered them with small shot, that after half-an-hour's fighting they retired.1 It is to be remembered to their credit, that they committed no acts of plunder, save in the matter of horses as already mentioned. Not even of the barristers'' fees, so that Serjeant Maynard who walked the circuit lost nothing.2 The whole body passed out with the Sheriff in their custody through Downton to Blandford, " where/'' the papers say, " he was permitted to dress/'' 1 Faithful Scout, March 16th, and other papers. This name will be remem- bered as that of one of the authors of Hoare's Modern Wiltshire. Some of his descendants are still living at "Warminster. 2 Heath's Chronicle ; Perfect Proceedings, March 15, 1655. By W. W. Bavenhill, Esq. 129 Of what happened there the newspaper called the Perfect Pro- ceedings, (March 29th to April 6th J gives the following particulars. " Tuesday, April 3rd, His Highness the Lord Protector had information that when Wagstaffe was in Blandford in the West, Penruddock forced the Cryer to go to the Market Cross to proclaim Charles Stewart King, who made ' Ho Yes' four times, but still when Penruddock (who dictated to him) said Charles II. King, he the Cryer stopt, and said he could not say that word, and he was every time much beaten by them, and yet told them they might kill him, but he could not say that word, though they should call for faggots and burn him presently, his constancy and faithfulness is taken notice of." From Blandford, they proceeded to Sherborne, where they stayed two hours. Thence they marched to Babylon Hill, the commanding height east of Yeovil, which they reached at 1 o'clock on Tuesday morning, and halting, kept the Sheriff on the ground till daylight. Then they entered Yeovil, where they quartered till 1 o'clock, Tues- day afternoon. On their leaving that place the High Sheriff was allowed to depart, the idea that he could be exchanged for some better prisoner having by this time past away. By Wednesday morning they were at Collumpton in Devon, 10 miles from Exeter, then Tiverton was passed, and they pressed on to reach Cornwall, where they hoped to find many friends who would join them, and if they failed, escape by sea would be possible.1 On reaching South Molton in North Devon at 7 o'clock that evening, utterly worn out, they determined to rest there for the night.2 Quarters were soon found. To their weary limbs, however, there was but short repose. Three hours after their arrival they were attacked by Captain Unton Crook and his troop of horse, from the garrison of Exeter. Though their numbers were diminished by frequent desertions on their march to little more than 100, yet had they been prepared and fresh, they would have been more than a match for their enemies. As it was, many amongst them Sir Joseph Wagstaffe, fled in the darkness, the rest fought on for three or four hours, house after house was taken by the fresh and zealous Crook. Some surrendered 1 Perfect Proceedings, March 22nd, 1655. 2 The distance from Salisbury to South Moulton via Blandford is about 110 miles. 180 Records of the Rising in the West, A.D. 1655. on condition their lives should be spared. Who these were is uncertain. Penruddock and Grove both afterwards asserted they were amongst the number; but this Crook always denied, de- claring the parol articles of surrender extended only to William Wake, two brothers named Collier, and two other inconsiderable > men 1 who had held a house against him for four hours. It may be Crook prevaricated; it may be, and what more likely, that in the darkness and confusion, there was some misunderstanding. It must not be forgotten in judging him that Penruddock in the letter which he wrote to his wife shortly after, makes no direct mention of them. He can scarcely then have thought them of so much importance as he appears to have done at his trial. In all 60 or 70 were arrested, Penruddock and Grove, his cousin, Edward Penruddock, Jones, and others. What a night of horrors must that have been to the quiet souls of South Molton ! Ere it had passed, Crook wrote the following account of what happened to the Protector : — ' 4 May it please Your Highness * Yesterday morning, being Tuesday, I marched with my troop to Huninton (Honiton) being 15 miles eastward from Exon with intention to stop the enemy from coming further westward ; but gaining intelligence that they were coming that way, and that they would be too strong for me, I made my retreat to Exon ; the next morning I understood they were in their march for Cornwall ; and in order thereunto, they were come to Collumpton, within 10 miles of Exon, I heard they were much tyred, and their number 200, and therefore imagined, that if they should gain Cornwal it might be prejudicial ; I was resolved to hazard all that was dear to me, rather than let them have their end, and therefore marched towards Collumpton with only my own troop, I had no more for this service, but when I came near to that place, I understood they were then marched to Tiverton whither I pursued them with all speed, but there mist them also, but received information, that from thence they were gone to South Molton, twelve miles further, still in order for Cornwal ; thither I resolved to follow them, they took up their quarters about seven of the clock this night, and by the good providence of God, directing and assisting me, I beat up their quarters about ten of the clock ; they disputed it very much with 1 3 Th., 281. No mention is ever made of written articles. There would be even then the further consideration of Crook's power to make them. • " Letter to His Highness the Lord Protector from Captain Unton Crook signifying the totall Defeat of the Cavaliers in the West under the Command of Sir Joseph Wagstaffe. Published by His Highness special Commandment. London Printed by Henry Hills & John Field Printers to His Highness 1G54 (5). Date written by Mr. Thomason upon it March 17th. King's Pampleta." By W. W. Ravenlnll, Esq. 131 me in the liouses for more than two hours firing very hot out of the windows, they shot seven or eight of my men but none I hope mortally wounded, they shot many of my horses also; but my Lord we broke open many houses, some of them yielded to mercy ; I promised them, I would use my endeavours to intercede for their lives, I have taken most of their horses, about fifty prisoners amongst whom are Penruddock, Jones and Grove, who commanded those horse each of them having a troop. Wagstaffe I fear is escaped, he was with them but at present I cannot find him, yet hope to catch him as soon as daylight appears.* I will raise country to apprehend such stragglers, which for want of having dragoons narrowlie escaped me. My Lord, they are all broken and routed and I desire the Lord may have the glorie. I beseech your Highness to pardon this unpolished account, I can hardly indeed write, being so wearie with extreme dutie but I hope by the next to send your Highness a more perfect one, and a List of the prisoners, many of them I suppose being very considerable. Colonel Shapcot of this County was pleased to march with me on this design, and was with me at the beating up of their quarters and hath shewed himself wonderful ready, in every respect, to preserve the peace of this County. My Lord, I remain From South Molton May it please your Highness March 15th -j- 1654 (5) Your most obedient and most about two or three Humble Servant o'olock in the morning. Unton Crook." The Prisoners were removed to Exeter Gaol, and there placed in the custody of the Sheriff. The same day Crook wrote again. " May it please your Highness % I gave your Highness last night an account how far I had pursued the enemy, that had come out of Wiltshire into Devon. I sent your Highness the numbers of them, which I conceived to be 200 ; It pleased my good God to strengthen and direct me, that although I had none but my own troop which was not 60 that about 10 o'clock at night I fell into their quarters at a town called South Molton in the county of Devon; I took after 4 hours dispute with them in the town, some 60 prisoners near 40 horses and arms — WagstafF him- himself escaped, and I cannot yet find him, although I am still sending after him; this party of them was divided into 3 troops, Colonel Penruddock com- manded one of them and was to make it a regiment, Colonel Grove commanded another and was to compleat it to a regiment, Colonel Jones the third and was * This hope proved vain— Sir Joseph escaped to the coast and crossed to St. Malo, and lived to invent a famous gun for, as he hoped, the destruction of the Lord Protector, which hope also in due time vanished. 4 Th. + This should he 16th. t "A 2nd Letter to his Highness the Lord Protector from Captain Unton Crook signifying the totall defeat of the Cavaliers in the West under the command of Sir Joseph Wagstaffe. Published by H. Hills and John Field by his Highnesses special Commandment. Date written by Mr. Thomason March 20th. King's Pamplets." It is a fair surmise from this and the prccecding letter that Pen- ruddock, Grove, and Jones, each had a Colonel's commission from King Charles II. 13:2 Records of the Rising in the West, A.I). 1655. to do the like ; these 3 gentlemen are of Wiltshire and men of estates. One of! Sir Edward Clarke's sons was with them, he was to be major to Penruddoek, , the prisoners tell me that we killed him.* I have brought all the prisoners to Exon, and have delivered them over to the High Sheriffe who has put them into the High Goal. Your Highness may be confident this party is totally broken, there is not 4 in a company got away ; the country surprise some of them I hourly, the Mayor of South Molton being with me in the streets was shot in the body, but like to do well. I have 9 or 10 of my troop wounded. I remain Your Highness' Exon Most obedient Servant, March 16th, 1654 (5). Unton Ceooke." The next day Penruddoek wrote the following" letter to his wife : — " My dear Heart, To tell you the story of my misfortunes were too large and would but add to your afflictions. All that I shall now tell you is that we were taken at South Molton in the farthest part of Devonshire. The best that I can make of this is that it was our fortune to fall into the hands of one Captain Unton Crooke,f a generous and valiant officer, one that I hope will show something the better, for that we did not basely desert our soldiers as others did. That which concerns you now is that you best give your help, and make what friends you can for me. My cousin Bowman, I know loves me ; desire him as he tenders the life and fortune of his poor kinsman, that he would be active for me. The persons to whom you must address yourself are in the first place, his Highness my Lord Protector, to whom pray go yourself, and as many of your children as you think fit, and petition in my behalf. I am confidant my Lord Richard3 and Mr. Mayor will countenance you herein. I would have my cousin Bowman to go to my Lord Chief Justice Rolle, and Lady Nicholas, § and desire them to appeare for me, and shew me such favour as they may judge me capable of in their esteem. Mr. Dove the High Sheriff, Mr. Ing,and I am confident the whole town of Sarum, will petition on our behalf. Pray leave nothing unassayed that may tend to our preservation, It you come to Exeter you will be snre to find me in the gaol, whither if you think fit you may bring your daughter Jane, -and Greorge,and Tom. I cannot have less than a hundred pound to assist me in my necessaries here. If I live, I hope I shall redeem what I have lost ; If I die, I have made my will — being but tenant for term of life my estate comes to your son and you. I have made over part for payment of my debts, and providing for my younger * This proved incorrect, he was afterwards arrested, + Crook was a son of Serjeant Unton Crook. He was a man of education and position and in the suite of Whitelocke when the latter went as ambassador to the Court of Sweden* t Lord Richard Cromwell. Mr. Mayor of Hursley, Hants, was his father-in-law. I The wife of Baron Nicholas. By W. W. BavenMtt, Esq. 133 children. Take all that and then pay the maker.* John herewith salutes all his friends, servants and acquaintance. Pray advise with my uncle Bowman, and desire Mr. Marty nf to attend you in this business. My dear love, once more I beseech thee, do not make myself and my poor children more unhappy by afflicting thyself for me. I have been used in the school of affliction ; and have learned in what estate soever I am to be therewithall content. Give my friends evermore my unfeigned respects. Deliver my blessing to my poor children, seconded with your own. To close up all, take my unfeigned love to yourself from Dear Heart From no worse place Your loving husband where'er he is the Exeter Gaol Jo. Penkuddock." this 17 th day of March 1654 (5). The above is from the original in Colonel Penruddock's own hand- writing, which is still preserved amongst the family papers at Compton. Thus to its bitter end have I traced the rising, and now not staying to discuss the dissensions or conduct of its leaders, let us turn back upon its ill-omened course and see what steps were taken by the Government "in London, or its friends in the country, to suppress it. And first of the latter as being nearer to the scene of action. News of what had happened, came probably on Monday night to that very faithful friend of His Highness, Colonel Boteler, stationed at Marlbrough. He was in the saddle early the next morning, and with his troopers hastened over the plain to Salisbury. He reached it some time that day. On the following, at 9, a.m., when on the point of starting for Shaftesbury, he wrote to the Pro- tector, and to General Disbrowe, the latter of whom was advancing from London, to tell them of his movements. We smile over the " freely adventuring " himself in his letter to the former, as con- trasted with his cautious postscript, and its happy fortune of finding a very probable opportunity to fall upon the enemy. But the letter best portrays its writer. *l May it please Your Highnesse { This morning Col Dove is come hether from the enemy upon his parole ; he left them neere Evill (Yeovil), and saith, he thinks them to be above 300 in number. Now, my lord, though I know twould be of sadd consequence, if wee *A word follows "maker " of which the first letter is hlotted. Itlookslikc "John is," or "Thomas." + The Chaplain at Compton. t 3 Th. 243. 134 Records of the Rising in the West, A.D, 1655. ass ul ting them should be worsted, yet, my Lord, I hope your highness will easily pardon me, being (seeing ?) I shall freely adventure myselfe upon the good providence of the Lord, who I know will owne us ; and I am perswaded, succeed us in this business. And indeed, my Lord, I cannot with any confidence stay here, nor looke the Country in the face, and let them alone. I doubt not but to give your highness a speedy good account of this matter. I shall be this night at Shaftsberry, and then send to your highnesse againe. The Judges I have set at liberty here, and they were like men that dreamt to see us so sudainly here. I shall take care of their safe passage to London, whether they desire to come. Colonel Dove saies that Mack that Lieutenant Heely sent up, is come off but as a spye, and desires me to inform so much, 1 am, my Lord, From Salisbury upon my Your highness most dutifull servant march towards Shaftsberry, "W. Boteleb. 14 March 9 a clock in the morning. If I heare any of our friends coming towards us, I shall delay falling upon them, unless I see a very probable opportunity." And so Colonel Boteler went his way westwards and at Shaftes- bury fell in with a messenger from Taunton bearing the following letter to Mr. Malyn, one of Crom well's Secretaries. He opened and read it as appears by an endorsement. The letter gives a complete picture of a portion of the stage including some of the actors, and enables us more nearly to realize the whole affair. u Much Honoured Sir1 I shall make bold to communicate unto you what hath lately happened in these partes — On tuesday last, about 2 o'clock in the morninge Capt. Pike post master of Crewkerne gave us an allarm at Ilminster, assureinge us that M. G. "Wagstaffe, C Penruddock, and neer a thousand more of the late king s party, were inbodied at Sarum, where they tooke the judges and did much mischief, and where then come to Sherburne ; whereupon I hasted to this towne, where I mett t^Col Pine, Col Ceely, Sir Thomas Wroth, C Gorges, Major Sampson, C Barker and divers Gentlemen more, with a considerable* Company of such as were formerly of the Militia; and indeed, for ought I could discerne, they came with very cheerfull resolutions to engage their all against this upstart crew, and had the Lord seen it good our strength in reason had been more than sufficient to have accomplisht their utter downfall ; but I had not been long here, before I saw my hopes of their ruine quite frustrated, which I must very much impute to the unhandsome carriage of C Gorges towards Col Pyne and some others, refuseinge to joyne with Col Pyne in any thinge relating to this present business. C Gorge takeinge upon him the charge of the towne commissioned thereunto by the magistrates thereof (as he is pleased to say) whereupon arose this great inconvenience ; C Ceely with divers officers and soldiers to the number of 40 or thereabouts, being resolved to alarum the enemy, who then lay at Chard (or at least more perfectly to learne their number and condition) cominge to the 1 3Th., 237. By W. TF. RavenhUl, Esq. 135 outguard of the towne was denied passage by the guard they alleadging, that C Gorge hath soe given order, that none must passe without his license ; whereupon we halted there about a quarter of an hour, and in the meantime sent to know of C Gorge what his meaninge was, who then gave a ticket for our passage which C Ceely took soe unkindly, he being the older Colonell, that he refused to march by the others leave ; and by this meanes we were altogether disappointed of what in probability might have been easily pffected ; I meane the ruine of our enemies, who were not in number above 160, as I am since very certainly informed ; and in a very tremblinge^'posture. Their horse are many of them very good, but the riders very ill accoutred for the most parte ; yet notwith- standing these discouragements, their purpose is, to pursue tomorrow with what horse they can make, and if possible joyne with the Sheriffe of Devon (to whome they have wrytten to that purpose) that soe they may, being united, if not take them at least disperse them ; which I heare they begin to do already. Truely, Sir, I am hartily sorry to see these divisions, that are amongst us ; and truely though I cannot say that C Pyne and the others fully comply with the present government ; yet I am verily perswaded, that they were very harty in this present worke ; and I am sure have been formerly very good instruments for the secureing these partes, and for any publicue good ; and therefore I cannot but be troubled, that C Gorge, a man but of yesterday, who hath not soe fully borne testimony against the cavaliers in former times, should soe much insult and greive the spirits of those gentlemen. I observed further yesterday, that C Gorge took some distaste at C Bovett, for that he, upon the alarum, entered the Castle of Taunton, and secured it with some of the Company that formerly served him in the Militia, and refused to turne out his men again, and deliver the possession thereof to C Gorges. Indeed, my opinion is, that what Lieutenant Col Bovett did was meerly for the preservation of the place, without any sinister end ; and to my knowledge was exceeding forward to further any designe against the enemy, and to reconcile divisions here. But I must begg your pardon for this trouble ; at present I shall not much inlarge, but desire, that if opportunity be offered, you will be pleased to acquaint my Lord herewith, which, with the tender of my reall and hearty respects to you, is all at this time from, Sir your most obliged servant, Taunton, March 14, 1654 (5) "William Gotjgh. The Superscription For my much honoured friend William Malyn Esqe Secretary to his highnes the Lord Protector these present at Whitehall. The Endorsement Sir, Being newly come to this towne with 4 troopes of our regiment, where Major General Disbrowe will meete tomorrow, I thought it necessary for your helping us with intellegence in our pursuance of the enemy, to open your letter. I have honestly sealed it up againe, Your humble servant, Shaftsberry March 15 1654 (5). William Boteler." On the following day, or the day after, Boteler was joined by General Disbrowe and the forces from London, and Hampshire, and 130 Records of the Rising in the West, A.D. 1655. other parts. By the 17th they reached Wincanton and received intelligence of the rout of their opponents. Thence Boteler returned to Wilts. His Highness had received intelligence of what had happened at Salisbury with more than ordinary speed, and gave orders, as was his wont, to seize all the horses in the public stables in London and Westminster.1 The news reached him the very day of the Rising, for we find the following orders to General Disbrowe, his brother- in-law, which mention the seizure of the Judges as a thing of the past. They are dated March 12th. The Protectors instructions to General Di&browe, in Secretary ThurloeJs handwriting * u Whereas there is an insurrection in the west by the Cavaliers who have armed themselves, and seized upon the judges of assize at Salisbury, and proceed on to commit other violences and outrages upon the people ; you are therefore to repair with your regiment into the west, and to take into your charge and conduct the troops of Colonel Berry, now in the west, the two troops of Colonel Twisleton's, whom we have ordered from Chichester to join with you, and also all other forces both horse and foot in the western Countries. And you shall use your best endeavoures to prosecute the said Cavaliers in whatever parts of the nation they shall go; and to suppress them; and also to put the said counties into the best posture of defence you can ; for which purpose Commissions are herewith delivered unto you ; and all commanders and officers of the said forces are hereby required to observe such orders, as you shall give them, and to obey your commands according to the discipline of war. And all justices of the peace, mayors, bailiffs and all other officers and ministers, are required to be aiding and assisting to you ; and are hereby required to f?ll up every troop in your regiment ; to a hundred in each troop ; and you shall give the same orders to all other the troops aforesaid ; and you are also to seize and secure all persons which you shall judge dangerous to the peace of the nation, and search their houses for arms, and to seize their horses for the use of the state, Given at Whitehall the 12th of March 1654 (5). To our right trusty and right well beloved Counsellor General Disbrowe, Major General of the West. Disbrowe made all speed to win the honour of subduing the Western Cavaliers, and left London with his forces early on Tuesday. On the following day he wrote to the Protector 2 1 Weekly Intelligencer, March 20th, 1654 (5). *3Th. 221. 2 Ibid, 247. By W. W. Ravenhitt, Esq. 137 May it please your Highnesse I came the last night to this place, and intended this day to be steering towards the Devizes ; but upon some intelligence from Major Butler at Salisbury I shall (God willing) goe to Almesbury, and hope to be there by two of the clocke, in order to a conjunction with Major Butler and the two troopes from Chichester, and after a few houres refreshment shall proceed, as I shall gett intelligence, which I have by all wayes layed out for, and as the Lord shall please to direct us. I understand that the high sheriff of Wiltshire is gott from them and reports them to be bounding (when he came away) for Evill, (Yeovil) and thence for Bath and Wells. I doe not heare of any considerable accesse of • force they have attained in all their progresse. I recommend your highnesse to the Lord's gracious protection, and remaine I received both your highness's letters this night ; the one by the old messenger about eight a clocke, and the other by Captain Crescet between 4 and 5 this morning.* From Newbury he went to Amesbury, thence, as we have seen, to Shaftesbury and Wincanton. From the last-mentioned town he wrote to the Lord Protector, on the 17th of March. In addition to the complete rout of the Cavaliers, the letter narrates that a large number of them were already secured in Exeter Gaol. <{ May it please your Highness f This evening I received intelligence, that the enemy was routed on Wednesday night last at Moulton in the county of Devon ; severall prisoners taken and carried to Exon goale ; but I suppose the particulars are more fully sent to your Highnesse than is yet come to my hands ; and therefore I doe by these humbly acquaint you of my intentions as to further service by dividing these troops with me into several places, where they may lye convenient for the ap- prehending of those that are fled viz : my own troope to Bemister, (Beaminster,) Captain Scotton's at Bredport, (Bridport,) Major Blackmore's at Crookehorne, (Crewkerne,) Captain W aldington's at South Petherton, and Major Jenkin's at Somerton and to keep a guard at Lamport (Landport.) Major Butler's troopes, two to Salisbury, and two to Marlborough ; and the two troopes of Colonel Twisteltons to returne to Alton and Farnham, all to attend your Highness's further pleasure. I have written to the respective Sheriffs of Wilts, Dorset, Somersett, Devon and Cornewall, to use their utmost endeavours for the ap- prehending of all suspitious persons, that may be thought to have had a hand in this insurrection ; and have also written to the Justices of the Peace of those respective countys, to make diligent enquiry what persons have been absent from their habitations within the space of ten dayes last past, and upon ex- amination to deale with them as to justice shall appertaine. Newbury March 15 1654 (5) Your highness's humble Servant John Disbrowe *3Th., 247. + Ibid, 2(33. VOL. XIII. — NO. XXXVIII. L 138 Records of the Rising in the West, A.I). 1655. I purpose (God willinge) forthwith to ride to Exon, there to spend two or three days in examining those prisoners taken, from whom somthing may be obtained for the advantage of the Commonwealth. I am informed that Pen- ruddock, Grove, Jones and Mumparsons * with about 40 of their men are at Exon in prison. It is thought J. Wagstaffe is escaped. I beg your Highness's pleasure and commands concerning myselfe and my troopes and subscribe myself Wincanton March 17 Your Highnesse's humble Servant 1654 (5). John Disbeowe." We thus see what large forces the Government had at their disposal to oppose such a rising as the present, well trained and disciplined, posted admirably for concentration or otherwise ; the Sealed Knot were right, it was no time for attack. A day or two after the 17th, Disbrowe arrived at Exeter, and ex- amined and catalogued most if not all the prisoners thereabouts. Having completed his work in Devon, he went on to Taunton, where he wrote the following letter,1 probably March 28th, for it is without date. M May it please your Highnesse, Accordinge to your commands, inclosed is a list of the prisoners in the several countyes and the places, where for the present they are secured. I doe understand that many of them doe pretend to innocency, as the Lord Paulett and one Mr. Tent of Somersetshire, and the Marquess of Harford in Wilts. The informations I have had since my comeinge into these parts concerning them is nothinge of new or late actinge, though I am very confident they generally knew of the late rebellion. Their (sic) be many in every County as bade or worse in their affections to the Cavilere party, that are not secured, for they are are of a meaner quality, and I did conceive it not convenient to sease more than I know what to doe withall; for truly I am humbly of opinion, thathaveinge two many of them togetther,might give them an advantage of knowinge one another's minds more than now they can, beinge (seeing) I am forced to keepe them for the most part in inns, not havinge any other places, where is any accomodation for them. But if it be judged needfull, I can cause as many as your highness please to be taken up more ; but I humbly conceive, these allready secured will be sufficient to proceed with, and to make a patterne for all the rest. Indeed, my Lord, I have not found it so easy worke as I thought it would have bine, to settle the militia in these parts to my satisfaction. I hope I shall now gitt through it. I have sent to Major Sanders to attend your highness for Devon, Captain Gorges for Somersett, Captain Dury for Dorsett, Major Ludlow for "Wilts, and I intend Captain Crofts for Gloster ; Col. Bennett is allready at * Mompesson. 1 3 Th., 308. By W. W. Ravenhill, Esq. 139 London, who will be for Cornwall. I shall not trouble your highnesse further now, only to subscribe myselfe, Your highness's faythful and humble Servant John Disbrowe." The List of Prisoners he enclosed contained, amongst others, the following names : — "Exon, March 22* 1654 (5). John Penruddock, of Compton Chamberlain, in Wilts Esq : Edward Penruddock, of the same, gent. Hugh Grove of Chipenbury [Chissenbury], gent Robert Duke of Stuckton in Southampton, gent, in Fording- Bridge parish, Richard Reeves of Kimpton in Southampton, gent, Francis Jones of Beddington in Surrey gent John Jones of Newton Tony in Wilts, gent George Duke of Stuckton in Southampton, gent. Francis Bennet of Ellington in Somersetshire, gent Richard Wroughton of Wilcott in Wilts, gent Thomas Helliard of TJxton in Southampton, gent. Thomas Westcomb, of Sarum, Yintner. Henry Collier, of Stepell Langford in Wilts, gent. Thomas Fitz- James of Henly in Dorsetshire, gent. William Stroud, of Wincanton, in Somersetshire, gent. Joseph Collier of Steeple Langford in Wilts, gent. Robert Harris of Blandford in Somersetshire, [ ? ] cordwainer. James Huish of Kim-ridge in Dorsetshire, gent. Edward Moreing of Andover in Hampshire, weaver Edward Davy of London, gent. Joseph Moreing of Andover in Hampshire, yeoman. William Wake of Blandford-Forum in Dorsetshire, clothier Thomas Powlton, of Pewsey in Wilts, innholder. Edward Willis of Sarum, innholder. Christopher Haviland, of Lankey in Dorsetshire, yeoman. Thomas Kninsey, of Salisbury, helliar. Richard Attwood, of Uphaven in Wilts, butcher Henry Hardinge, of Pewsey in Wilts, gent. Abraham Wilson, of Sarum, Cutler George Gifford of Compton Chamberlain in Wilts, gardener Robert Browne, of Andover in Hampshire, Cordwainer, John Biby of Compton Chamberlain in Wilts, gent Simon Barnard, of Blandford in Dorsetshire, taylor. John Cooke of Potterne in Wilts, gent Richard Humphrey of Wyford [Wish ford ?] in Wilts, warrener Edward Painter of Andover in Hampshire, currier. * This no doubt was the day the Exeter list was made ; Taunton and Ilchcstcr would be perfected by the 28th of March. 3 Th., 30G. L 8 140 Records of the Rising in the West, A.D. 1655. Stephen Elkin, of Compton Chamberlain, servant to Mr. Edward Pen- ruddocke John Jennings, of Compton Chamberlain, servant to Col Penruddocke Robert Nicholas, of Endford in Wilts, husbandman, John Shepherd, of Compton Chamberlain in Wilts, servant to John Penruddock, Esq. Richard Hyard, of Amporte in Hampshire, husbandman John Bond of Harbury in Warwickshire, gent George Hayward of Salisbury, in Wilts, woollen-draper. Isaao Stichley of Sturminster in Dorsetshire, tanner. John Hobbes of Idmiston in Wilts, yeoman. Robert Barefoot, of Sarum in Wilts, soap boiler William Lewington, of Linchinhold, in Hampshire, husbandman. Nicholas Mussel, of Steple-Langford, in Wilts, yeoman. Joseph Rivers, Colonel, of Rivers-Hill in Hampshire. John Hordisnell, of Grays Inn, London. Carey Reynell, of Pinsted in Hampshire gent. William Hallet, of Netherby in Dorset, gardener. Edmund Clicke of Bagshot in Berkshire, gent Philip Woodward, of* Fisherton, near Salisbury, clothe worker Thorns Fray of Tisbury in Wilts, helliar John Russell of Blandford in Dorsetshire, weaver, Henry Sampson, of Sherborn in Dorsetshire, husbandman. John Williams of Fyfield in Hampshire, carter Moses Kenfield of Enfield in Wilts, husbandman Robert Skardey of Endford in Wilts, taylor John Bankes of Endford in Wilts, cordwainer Edward Targett of Tesbury in Wilts, husbandman Leonard Catkitt of Cholterton in Wilts, waggoner Nathaniel Galpin of Blandford in Dorsetshire, weaver Richard Broadgate of Blandford in Dorsetshire, tapster Edmund Wynmouth of Sherborn in Dorsetshire, miller James Combe, of Blandford in Dorsetshire, cooper Thomas Mortimer of Sandford, husbandman. Thomas Cawley of Shalborne in Wilts, husbandman Richard Browne of Enford in Wilts, servant to Major Clarke Robert Mason, of Newton Toney in Wilts, Capt. Jones's servant Robert Sugar, of Sherborn in Dorsetshire, felt-maker. Richard Batfc, of Sarum in Wilts, smith. Harmistowy, a trumpeter, a Dutchman. Ambrose Cole, of Poole in Dotsetshire, warrener. John Chamberlain, of Sherborn in Dorsetshire, husbandman Thomas Uppington, of Chamber wick in Wilts, husbandman. William Peirce of Salisbury in Wilts, carpenter Thomas Coker, of Tiverton, Thatcher. William Deyman of Tiverton, gent John Allyn of Holliborne in Hampshire, yeoman Thomas Lambert of Wilsweld in Hampshire brioklayer By W. W. Ravenhill, Esq. Jethro Morelhey, of Chaten in Wilts, husbandman. Henry By n steed, of Bynsteed in Hampshire, taylor. Timothy Maton, of Endtbrd in Wilts, carter Cornelius Igney, of Harnham in Wilts, carpenter Richard Read, of Whitchurch in Devonshire, husbandman William King, of Fisherton in Wilts, husbandman William Whatley, of Fisherton in Wilts, husbandman Richard Miles, of Andoverin Hampshire, clothe worker Edward Cox, of Sturton in Somersetshire, gent. William Bungy, of St. James's [Berwick St. James] in Wilts, taylor Richard Brondgate, of Blandford in Dorsetshire, husbandman Richard Kinfield, of Endford in Wilts, husbandman Thomas Ranger, of Endford in Wilts husbandman Andrew Blackman, of Binsteed in Hampshire, husbandman, Thomas Gray, of Salisbury, hostler. William Martin, of Evill in Somersetshire, taylor. Hugh Edwards, of Bath, servingman. James Marchbankes, of Morpeth in Northumberland, servingman Richard Andrewes, of Sherborn, Baker. John Pinson, of Sherborn, chapman. Francis Toope, of East Knoyle, in Wilts, gent John Purchase, of Salisbury, barber Richard Askott, of Samford Courtenay in com. Devon, gent John Homburg, of Te-mary in com. Devon gent William Hurd of Mauboy in com. Devon, gent John Haynes, trumpeter. Christopher Wood, of Colingborn. Taunton. Henry Clarke, of Endford in com. Wilts Esq. Thomas Hunt, of the same, capt. Edward Poulton, of Monckton in com. Wilts, capt. Thomas Pickhaver, of Maddington in com. Wilts, gent Robert Foote, of Westminster, gent Henry Hewitt, of Salisbury, yeoman. John Frampton, of Blandford. John Elhins, of the same. Augustin Greenwood, of Salisbury, taylor John Chapman, of the same John Fulford, servant to Major Clarke Richard Goleston, of Amport in Southamptonshire, gent Oxenbridge Fowell of Abbots Cerne in Southamptonshire, gent. Nicholas Saxton of Alton, gent, Christopher Prince ) ■ Thomas Hutchins ] Ser™nts to the said Mr. Saxton. Jasper Kelway of Salisbury, turner. George Oliver of Blandford, felt maker. Hugh Browne, of Fisherton, in com. Wilts, labourer. John Lymmington, of Salisbury, Spurrier. 142 Records of tne "Rising in the West, A. 2). 1655. Charles Thomas, of Blandford, currier. Richard Thornburgh, of Compton in Wiltshire, gent. Col Philips of Montagne (Phelips of Montacute) in Somersetshire Samuel Keymore. William Atkins. Ilchester. John Palmer, of Kilmelton husbandman Henry Gyfford, of Bruton in Somersetshire, cordwainer." A goodly list numbering in all 136. The same day from Taunton he wrote to Thurloe as follows :— "Sir Your last I received on my way to Taunton, where now I am, and have got some understanding of the prisoners there. Enclosed is (as I thinke) a perfect list of them, and of the others at Exeter, of which the greatest part doe sufficiently owne themselves to be engaged in the rising ; and for the others that doe not, we have competent evidence. I am very glad that the commission for their tryall is in soe good forwardnesse, and shall, as you desire, take what care I can with the Sheriffe of Devon, that we may be provided of honest juryes against the time ; hopeing you will receive no disappointment therein. Underwritten are the names of 5 or 6 of those at Exeter, whom it may be fitt to begin with, as having been some of the leading persons in the rebellion ; and I doe not thinke they are any of them soe esteemed in Devonshire as that there need be any great scruple, whom to adventure on first for a president at their try all. The prisoners that are at this place we are sendinge to Ilchester gaole, upon committments from the justices of the peace, where Mr. Hunt the Sheriff desires, if with convenience to the judges and rest of the Commisioners, they may receive their tryall ; and soe the trouble and charge of removeing them againe be avoided. I have very gladly read in your letter his hignesse pleasure for my returne to wayt on him at Whitehall ; yet I judge it meet to expect your answer to my last letter, and as I shall finde his highnesse minde explained therein, shall accordingly hasten towards you ; in the meane tyme remaineing Your very affectionate friend to Serve you Taunton March 28th 1655. " John Disbeowe. Sir I should have written to his highness by every post, but I feared it would have been troublesome, except I had had somewhat of concernment. I pray lett his highnesse knowe soe much. John Penrudocke of Crumpton in Wilts, Esq., Edward Penruddocke of the same, gent, Hugh Grove of Chysenbury, in Wilts, Gent, Eobert Duke of Stuckton, in Southampton, gent, Francis Jones of Beddington in Surrey, gent John Jones of Newton Toney, in Wilts, gent, I have spoke also with the Sheriffe of this County about the juryes, and he hath promised to be very carefull therein." Now it is clear that some new court might have been instituted or some special commission issued to try the prisoners taken ; but the By W. W. Ravenhill, Esq. 143 Lord Protector preferred to leave them to the ordinary proeeedure of a commission of oyer and terminer.1 He had not forgotten the petition of right then not quite thirty years old. Accordingly we find an entry in the books of the Council of State.2 " March 22d. Present His Highness, Lord President Lawrence, Lord Lisle, Lord Lambert, Sir Charles Wolsely, Col Fiennes, Mr. Rous, Col Jones, Earl of Mulgrave, Major -General Skippon, Sir Gilbert Pickering, Mr. Strickland. That letters be sent to Lord Chief Justice St. John, and Mr. Justice Atkins, to desire them to repaire forthwith to His Highness. Ordered by His Highness and the counsell. That Commissions of Oyer and Terminer be issued forthwith into the several County es for the Try all of the persons who have been in the late insurrection. Ordered that it be referred to Sir Charles Wolsely, Col Jones, Lord Lambert Mr. Strickland, Earl of Mulgrave, Lord Viscount Lisle, Sir Gilbert Pickering and Major-General Skippon any 3 of them to speake with the Counsell learned of His Highnesse the Lord Protector and to consider the whole business touching the tryall of the persons in the late insurrection, and to offer the names of the persons to be inserted into the severall commissions and Mr. Secretary Thurloe is desired to be assisting to this committee. March 23rd, Friday. Present Lord President Lawrence, Lord Lambert Major-General Skippon and Colonel Fiennes. Sir Charles Wolsely makes report. Recorder of London to be written to, to come up speedily. That a Commission of oyer and terminer be directed to Sr. Francis Thorpe one of the Barons of the Exchequer, John Glynn, Sergeant at Law, William Steele, Sergeant at Law, Recorder of the City of London, John Haggot Esq. one of the Justices of the Countyes of Carmarthen, Pembroke and Cardigan, Sir John Evelin [Evelyn] Robert Wallop, Esq., Alexander Popham Esq., John Sadler Esq. one of y* Masters of ye chancery, Thomas Estcourt Esq., one of ye Masters of ye ohancery, William Stephens, Doctor of the Lawes, Richard Norton Esq., George Cooper, Nicholas Greene, Richard Lucy, Thomas Boureman, 1 1 do not stop here to discuss Cromwell's administration of the law. He is admitted by every one to have thoroughly done so in all causes between man and man. Is it not too much to expect from those times, and the nature of his authority, that he should allow his government its origin, power and purpose to be discussed in Court ? At least we can remember with pleasure how he asserted the Majesty of Justice in the case of Don Pantaleone Sa. 2 State Papers. Interregnum. Domestic Series, Entry or Fair Order Book of the Council of State. 1653 — 1655. No. 103. In the same volume under date March 16th, 1655, the usual wholsome remedy for Government antagonists, is prescribed on the present occasion. " March, 16th.— A letter to be sent to the Sheriffs of the severall counties for inventring and se- curing the personall estates of severall persons was read and agreed to. The Commissioners of the Treasury are to fill up the names of the Sub-commissioners, and Mr. Sccietary is to give the names of the persons whose estates are to be secured in the severall couutyes," I ll Records of the Rising in the West, A.I). 1655. John Dunch, John Hildesley, William Willoughby, Lislebone Long, John Gorges, John Brown, John Trenchard, John Bingham, William Hussey, Walter Foy, James Dewy, Robert Pelham, Edward Butler, Arthur Upton, John Drake, James Erisye, Henry Hatsell, Edmond Powell [Fowell ? ], John Searle, Thomas Saunders, Robert Bennet, John Blackmore, Robert Shapcott, Anthony Nicoll, John Moyle, Richard Carter, Thomas Ceely, John Fox, The Mayor of Salisbury ; Francis Swanton, William Jephson, Nathaniel Whetham, Robert Aldworth, or any five of them." This was afterwards altered ; the names of Baron Thorpe, William Willoughby, and others were expunged ; but it is interesting as shewing to whom on the first blush the Government looked for support. The same names of those who were to serve on the Commission will be found in the Draft Order Book of the Council of State of the same date. In Thurloe, vol. iii., p. £95 is a further record of the proceedings of that day. "At the Council at Whitehall. Friday, March 23rd, 1654 (5). Sir Charles Wolseley makes report from the committee of the council, to whom it was referred by an order of yesterday, to consider of the whole business, touching the trial of the persons in the late insurrection, and to offer names to be inserted in the several commissions ; and upon several questions put it was resolved as followeth viz. That a letter be forthwith written in the name of the council, to Mr. Recorder of London to come up speedily. That a commission of oyer and terminer in the counties of Wilts, Dorset Somerset and Devon be prepared and directed to Francis Thorpe one of the Barons of the Exchequer (and the other names as in the order book). That some persons shall be sent down to prepare things for the trial of the said persons in the west. That letters be written to the Sheriffs of the several counties, to give notice to the said several commissioners, in their respective counties, to attend the said service. That the said commission shall extend to the counties of Wilts, Devon, Dorset, and Somerset. That Mr. Attorney General and Mr. John Saddler be the persons, who shall be sent down to prepare for the trial of those in the west. That the clerks of the council do prepare letters to be sent to the several persons, according to the tenor of these votes. That the said committee are desired to hasten this report as to Commissioners for the other counties, and in order thereunto to meet this afternoon. William Jessop, Clerk of the Council." By W. W. Ravenhitt, Usq. 145 Returning to the Council Order Book : — " March 26th. Lord President Lambert, Sir Charles Wolsely, Sir GL Pick- ering, Colonel Fynes, Mr. Strickland, Major-General Skippon, Colonel Montague, Mr. Rous, present. Ordered. That thanks be given to the Lord Mayor and Commissioners of the Militia of London. That Baron Nichols (Nicholas) and Mr. Solicitor General (Ellis) doe presently repaire thither and that letters be sent to them in that behalf." On the same day another entry was made in the Draft Order Book. " March 26th. Ordered that Mr. Roger Hill and Mr. Richard Graves be sent down to [the] West, instead of Mr. John Saddler, to assist Mr. Attorney- General [Prideaux] for preparing what is necessary for the tryall of those lately taken for rebellion. Notice to be sent to them. [Marginal note : " not: sent 27th."] April 3rd. Ordered that the Commissioners of Oyer and Terminer shall appoynt the sittings to begin at Sarum, Wednesday, April 11th ; Exon, Wed- nesday, April 18th; and Chard, Monday, April 23rd. [There is a marginal note which I cannot decipher, possibly meaning the day might be deterred till the2oth.]* Same date. Warrant for payment of £300 to such person as should be ap- pointed to officiate as steward for incurring the expenses of the commission of Oyer and Terminer in the Western Counties, and that Mr. Nicholas Bond be appointed and desired to undertake that service. April 4th. Mr. Bond pleading ill health. Mr. Holway Cynydoth, formerly appointed to the Northern Counties appointed instead. £200 granted to the Northern Counties circuit." f Now as Mr. Secretary Thurloe assisted the committee of the Council in their arrangements, he would be able to give them the following information' from notes taken in his usual methodical style, from the lips of the first prisoners who arrived in London.1 " Collier. J That he saw Mr. St. Loe between Blandford and Evill [Yeovil], who boasted he had 40 men for them. Willis of Salisburye, an inkeeper. * There appears to have been no assizes in Dorset or Cornwall that spring, as there is no provision made for them in this order ; and it is clear from Thurloe that thougMsome of these Commissioners and the Atorncy-Gencral went to Dorchester, it was merely to rest there for the Sunday, en route to Exeter. From the latter place they went to Chard, and thence hack to London. The days appointed for the original spring circuit, which was interrupted at Salisbury, were: Hants, March 8th, Winchester Castle; Wilts, March 12th, New Sarum; Dorset, March 15th, Dorchester; Cornwall, March 21st, Launccston; Devonshire, March 2(ith, Exccster Castle; Somersetshire, April 2nd, Taunton. Perfect Account, February 14th, to February 21st, 1G55. t Record Office Papers. Domestic Interregnum. % 3 Th., 3G5. 1 3 Th., 285. VOL. XIII. — NO. XXXVIII. 146 Records of the Rising in the West, A.J). 1655. Westfield. Gabriel Pile.* Clancee of Hampshire. That one Dorrington, servant to Phillips, sayd, that Mr. Wyndham,t who should have brought in a good company of horse, was taken prisoner. Grove and Col Bowles sayd, that Marquesse Hartford was to come to them with horse and foote. Westfield sayth, that Willis the innkeeper told him, that the M. of Hertford would come into Salisbury with horse and foote and proclayme Charles the 2nd. He saith that Mr. Mompesson told him, that the M. of Hertford would assist them, and that they had his hand for it. Col. Bowles sayd the same. That Mr. St. Loe sayd, there was but a small number ; that he had some horse and armes for them not farre off ; that they must set back to backe and fight it out. That Saint Loe had, as he remembers, noe pistolls before hym, but he had pistolls in a portmantle, which his men carry ed. Colly er saith, that one Lieutenant -Col. Reeves was with Penruddock. Mr. Grove ; to be sent for. Mr. Jones. Mr. Penruddock. Captain Hunt. Saith that Mr. Grove told hym that many had engaged themselves in this designe, which had failed them,t but that they should suffer as well as they. Mr. Saint Lowe : he sayth, he lives in Dorsetshire ; and sayth, that as he was goinge from his house to Kington, within 7 miles of Salisburye, to hire some lands of his uncle Saint Loe, whoe dwells there, and as he was goeinge, he mett with two or three scouts, one whereof had the sheriff's liverie, and forc't him to goe along with them as a prisoner, to a body of horse, commanded by Sir Joseph Wagstaffe ; where he mett with Mr. Penruddocke, Mr. Grove, and severall other of his friends, who told them, they were for the kinge ; but sayth, he desired them to dismisse hym ; but they refuseing, he sent home his man to acquaint his wife, who returned to hym againe, and saith, § soe he marcht with them to Blandford, where he confesseth he sayd unto the people, that he was Penruddocke's Captaine, but listed none. And beinge askt, whether he knew not of this bussines before, he saith he had a common report of it, but had noe discourse with any about it. He saith, he was at Penruddocke's upon the Friday before the rising, where were Max [or Mack] the apothecary and doctor Whitwell ; and beinge askt what discourse they had, he sayth, he heard them talke of what sport they should have on Monday, and spake of what they would doe with the judges ; and he asking what they meant by this, Pen- ruddock told him, he should see on Monday, if the Examinate would march into the countrie. He sayth, he went with them as farre as Sherburne, and there left them. • Possibly related to the King's agent for the west, he escaped. t Mr. Francis Wyndham of Somersetshire had been arrested sometime after March 3rd, 1655, on the information of Jack Straddling. 3 Th., 181. His petition for release is given at 3 Th„ 397. % Some of the Hampshire men, and perhaps Lord Hertford, whose share in the rising I shall allude to hereafter. I This sentence is unfmisW1 Cheefe Actors By W. W. Ravenhill, Esq. 147 He sayth, Ins man, when he returnd, brought with him two paire of pistolls, which he bid his man bringe with hym ; and whilst he was with them, he was as much for them as could be. Sayth that Mr. Penruddocke was severall tymes with hym, and desired hym to take up arms. He confesseth, that he knewe of this business half-a-year agoe ; and that Mr. Penruddocke told hym, there should have beene a generall risinge all over England, upon Saint Yalentine's daye." Mr. St. Loe was a Dorset gentleman, though described in the in- dictment at the assizes, as we shall see, as of New Sarum ;] a man of of promise rather than performance, who left the Cavaliers at Sher- borne and returning towards his own county, fell into the hands of Colonel Boteler,and was by him transferred to Captain Horsington of Salisbury, to be lodged in the gaol there. But Horsington being a friend of St. Loe's, took him off at once to London, perhaps thinking that a speedy confession would be the most potent instrument in saving him from the pains of treason. Boteler2 writes of him : — " That in addition to joining the rising himself, he had been informed that he had sent two men and horses to assist the rebells. That he had been once Captain of some of the Clubbmen in Wilts, a business his highness would well remember [Secret Society Royal ! ]. That next to Penruddock there was scarce a man amongst them who deserved less favour." Pleasant for St. Loe, after having made a clean breast of it ! Instead of putting back to back and fighting it out as he had bragged, his back had been soon turned on his friends, and was now ripe for the cudgel of his foes. However, after some anxiety, he was not brought to trial. The above notes are preserved amongst the Thurloe papers, and are, as I have said, in Mr. Secretary's own handwriting; so are also the following further examinations of St. Loe, which I insert here, to perfect his narrative, though rather out of order. The first taken March the 29th.3 "He saith that about half-a-year agoe Mr. Penruddocke came to his house, and acquainted him, that there was intended a general rising all over England for the Kinge, and that this risinge was to be upon Yalentine's day, after which 1 3 Th., 366. 2 Ibid, 309 and 374. :! Ibid, 314. M % 148 Records of the Rising in the West, A.B. 1655. the Kingo himself would be here ; and so persuade this examinate to joyne with them in it, said all the countrie would joyne with them in it, and that Sir William Waller was to head the cittie, and Penruddocke to undertake Wiltshire, and other gentlemen the other counties ; he said further, that the levelling party in the army were discontented, and would oppose the protector. Ho said, he went afterwards to the house of Mr. Penruddocke, where he met with one Mr. Thornbury, whose father was sequestered, and there this ex- aminate and Mr. Penruddock discoursed of the aforesaid business, when Pen- ruddock told him, that Colonel Bennet and some other of this partie were taken at London, which had disappointed them, and their day was put off; but said the examinate should heare of it, when another day was appointed. He saith he doth not knowe, whether Mr. Thornbury heard this discourse. He saith, that he had a third meeting at the house of this examinate. Mr. Penruddock and his brother came to hyrn and told hym, that the business was much dasht, but that they should nowe more very shortly ; and saith, that they should have mett at a great horse race to have been at Salisbury about the 15th of Febuary, but that being forbidden they were disappointed in that. He saith that the examinate went to the house of Mr. Penruddocke on Friday before the rising, and then Penruddock told hym, that all was ready, and they were to rise upon Monday after, and askt him whether he had furnisht himselfe with armes ; and this examinate answered him, that he had not, in respect he thought the business was over ; but Penruddocke pressed him to goe home, and get ready ; and soe he did, and promised to meet him upon Monday, which he did accordingly, and came to them before they came to Blandford, and went with them to Sherborn and there left them. He saith, that Penruddocke was before this with Grove and several others in Wiltshire, and Sir Henry More to have fallen upon the horse at Marborough ; but the horse keeping strong guard they were discouraged ; and their design was to have 12 men gone in in a cart, and they to have seized upon the horses in the stables, whilst those without fell on, and saith that Mack of Salisbury was to have been chiefe in the business, and it was to have been some weeks before. He saith, that when they were at Blandford, they spake of several gentlemen, who they said would come in, and sent to Mr. Butler of Hanley, and went to his house and some others, but found hym not. He further saith, that the Marquesse of Hertford was expected with them, and that Mr. Penruddocke told him, that the Marquesse was engaged, and that the Lady Phillips, as he said, told him soe. And being asked whether Mr. Penruddocke did not tell him, he had beene with the M. of Hertford, he did, as he remembers, when he first spake with hym. And being further askt about it, he saith Penruddocke told hym, that he knew of his own knowledge, that the M. of Hertford was engaged, and bid hym take his word for it, and saith, that he told hym he had been with hym." Two days after (March 31st, 165 5 ,) St. Loe was further examined hj Thurloe, when lie said as follows 1 : — l3 Th., 330. By W. W. Ravenhill, Esq, 149 " That the Chaplain of the Marquis of Hertford had been oftentimes at Mr. Peuruddock's of late, and Mr. Penruddock told him, that he had had much correspondence with him about the rising; and that his chaplain was to be with him upon the Saturday night before the rising ; and by him was to learn from the Marquess of Hertford, what strength he would bring, and how the business was to be managed. And saith, that the Lord Winchelsea was to rise in Kent, and to keep Rochester, and after to seize upon Colchester, where a great party was to rise with him. And this he said the Marquess of Hertford had sent him notice of. That there was a great meeting at Salisbury, either at the Lady Phillips' her house, or at the King's Arms, where was the same Mr. Penruddock, Mr. Reeves, Mr. Grove, Mr. Mompesson, Mr. Greene, junior, of Mere in Wilts and some others, concerning the general rising. A.nd there they had directions what to do from the Lady Phillips, who came from London a little before, and had often been in France and other parts beyond the seas with the Queen. This was told him by Mr. Penruddock. And said that the day for the general rising was agreed on there. He saith, that he was told by Mr. Penruddock, that one Captain Twyne, who lives near Blandford, was engaged ; and also Captain Kirles of Woodcuts in Dorsetshire ; as also Mr. Robert Freake of Upway in Dorsetshire." * Tliurloe would also be able to show them, if they had not already seen it in the Perfect Diurnall newspaper/ March 26th, to April 2nd, 1655, p. 4257, the following* examination of Arthur Collens, of the Isle of Purbeck, Dorset, late servant to Sir Joseph WagstafFe, taken at Barund, 15th March, 1655, the said Collins being brought in by Mr. Henry Gettings. " That on Sunday,being the 11 inst, the said Sir Joseph Wagstaffe met in Clar- ington [Clarendon] Park about 2 miles from Salisbury, where were mustered 60 horse, Mr. John Mountparsons [Mompesson] bringing from Salisbury to their aid 40 more, from whence they immediately marched to Blandford, where about 80 more joyned with them, thence they marched to Salisbury and secured the Judges, burnt their Commission, seized on their horses, and from thence returned to Bland- ford, where they proclaimed Charles the 2nd King, being in number about 400, from thence they marched to Sherborn, so to Evil [Yeovil], thence to Hunnington [Honiton] thence to Tiverton, where Mr. Mountparsons [Mompesson] left them, and then there were not above 300, from thence to Moulton, in which march they lost above 50 men and horse, and at Moulton [Wednesday night, 14th inst.,] were routed by the County Troop, Col. Shapcott, Captain Chafm &c. Sixty men taken, and 120 horse taken. Sir Joseph Wagstaffe escaped with the residue all in disorder, and in several companies. The intention of Wagstaffe was to * No doubt a relative of Mrs. renruddoek's. 1 Same in Perfect Account, March 28th to April 4th, 1655, p. 1762. I cannot find the locality of Barund. The newspaper editor very probably was in the same fix. The writing not very clear perhaps. 150 Records of the Rising in the West, A.D. 1655. march into Cornwal, where he hoped to have found a very considerable party to have joyned with him." Besides these informations he would have that against Edmond Maclean apothecary of Salisbury, who Mr. St. Loe mentions as being* at Penruddock's the Friday before the rising and to have been the chief of the intended Marlborough raid.1 Mack's heart failing him some few hours after he left Salisbury , he returned thither and surrendered himself to Lieut. Heely or Huly, and Mr. William Eyre/ and was by them sent up to London. Col. Dove thought him a spy3 from the enemy, and whether at his instance or on St. Loe's information, the Government pressed the prosecution against him, though desired to forego it. The Collier, mentioned in the Secretary's notes, was also in London, assisting the Government. He is spoken of as " a considerable witness/'4 Possibly he was one of the sons of the Rector of Steeple Langford, who with Wake held a house at Molton against Crook and his soldiers for four hours, and then only sur- rendered on articles.5 But this is mere surmise, as both the Colliers were afterwards put upon their trial. About the 20th of March, Colonels John Penruddock and Francis Jones were brought to London without their companions, Grove or Hunt.6 Crook wrote to Thurloe on that day from Exeter :— "Upon My Lord Protector's Letter I immediately sent away Mr. John Pen- ruddocke and Francis Jones; within some few howers after I had received an expresse from you, cleering any doubt I make of the person, because there were two of the name in goale ; but the considerablenesse of the person guide me aright."* " . . 1 Pp. 146, 148, sup. 2 3 Th., 380. 3 Ibid, 243. 4 Ibid, 365. 5 Ibid, 368. 6 Yide Mr. Secretary's notes above. * This alludes to Edward Penruddock, whose name will be found on Disbrowe's list of prisoners. He was probably a son of John Penruddock's uncle, Henry Penruddock, who was a King's agent in this country in 1649. (see note, p. 122 , sup.) T find the following items relating to him in one of the family account books, in John Penruddock's own handwiiting : — .Nov. 4th, 1654. Paid for my cousin, Edward Penruddock, to Mr. Oliver, for wbich my father and myself were bound a hundred £ s. d. pound for principal and 80 pound for interest 180 00 00 Lent to him by my father at Sarum 040 00 00 Lent to him myself whilst he was in the Tower 010 00 00 Paid for him to Mr. Woodward of Bristol 010 00 00 Paid for him to my aunt Mead, for interest 006 00 00 The disbursements since my father's death Paid to Mr. Oliver for a debt of my cousin Penruddock's, for which myself and my father stood engaged 0180 00 00 A cousin who lived not on air ! Crook's letter will be found at 3 Th., 281, By W. W. Ravenhill, Esq. 151 His Highness the Lord Protector was at this time at Whitehall. On the 21st March we read in the Mercurius Politicus, March 2 2nd, " he kept a day of prayer and thanksgiving to the Lord, the author of all de- liverance and mercies ;" and of the day's proceedings the Weekly Intelligencer, March 20th to 27 th, adds, " that it was a day kept in Whitehall in thanksgiving to God for our deliver- ance from the late plot, and after a speech by His Highness, giving God the praise, there prayed and preached, Dr. French, Mr. Caroll, Mr. Craddock, and Master Lo elder." Much long talking, such as His Highness loved. Great pleasure there must have been to him that day too, when he received from the city of Salisbury a remonstrance, stating u their detestation of that traiterous insurrection, which first took fire within their walls, through the insolence of a crew of desperate persons.* Penruddock on his arrival in London, after a preliminary exami- nation at Whitehall, was lodged in the Tower. The Perfect Account, April 4th to 11th, says of this : — "Penruddock and Jones were brought to Whitehall, and upon examination Penruddock confessed having proclaimed Charles Stuart, and was sent to the Tower." He appears to have remained in London, and Westminster, to- gether with Jones, till the 9th of April. Perfect Proceedings of State Affairs, another newspaper of that period, in its number for the 15th of April, has the following :— - " This day (April 9th) Colonel Penruddock and Jones, who have been severall times examined by His Highness the Lord Protector, were sent down towards the West, with a party of horse from. the Swane Inn in the Strand,* where they have been kept prisoners since they came to Westminster, to be tryed by Common Law according to a Commission of Oyer and Terminer. They would now make a pretence that they did not rise for Charles Stuart but for the liberties of the people. Mr. Mack, the apothecary that came up from Salisbury, is also sent from the prison at Lambeth, prisoner down with them." * Mercurius Politicus, March lGth to 20th ; Perfect Diurnall, March 12th to 26th, 1655. + The Swan Avas a celebrated tavern at Charing1 Cross, and a more convenient place than the Towe for the custody of prisoners under examination at Whitehall, Ben Jonson's Ralph the tapster had no doubt long ceased before then to draw breath or becr. 152 Records of the Rising in the West, A.D. 1655. There is the same account in the Perfect Diurnal, April 9th to 16 th, 1655, and also in another paper the Faithful Scout, April 6th to 13th, 1655, with the addition that " Penruddock would make his defence by fundamentals of law or by sacrificing his life." Of the several examinations of Penruddock at Whitehall I can find no record. They left upon his mind at least a feeling of respect for the Protector, and we may well believe that this was mutual. For who could have conversed with Penruddock for even half-a-hour, without being impressed with the belief, that he thought lie was acting from the highest possible motive in taking the part he had in the rising, Francis Jones, who is described as " of Beddington in Surrey, gentleman," was a relative of the Protector's,1 " an aggravation of his offence," as he happily lived to write. He was examined by Mr. Thurloe on the 4th of April, amongst other times, and of that there is this record :— 2 " That he was beyond the seas this winter at Bologne, and went thither to put off four horses he carried from hence ; that he met with Lord Gerard, one Bowers, and some other English gentlemen, but he had not much discourse with them, only Gerard said, that there was a design, and he perceived that Bowers had not long since fled from England for being in John Gerard's design, for which he was executed, and believes there was a real intention of executing that design. That he was acquainted with the business in the begining of the last Parli- ament by Richard Pyle, a chiourgeon, and which was agent for the King in the West ; he saith that this Pyle used to lodge at Mr. Chace's an Apothecary in Covent Garden, or at the sign of the four Eishes. That three days before the rising, Pyle told him of the rendezvous, and that several gentlemen, as Mr. Penruddock and others, would meet him as they did, and also Sir Joseph Wagstaff, who told him, that the Marquiss of Hertford was engaged in it, and that the Duke of York would also be in Cornwall, and said that he and the Lord Willmott parted from him in Erance very lately, and that they came for England, and landed at Margetts, and that the duke of York went into Normandy. He told him also, as Pyle did before, that the levelling party in the army would also join in with them, and make disturbances in the army, and they were much troubled that "Wyldman was taken. 1 3 Th., 504. 2 Ibid, 344. Possibly Francis Jones was a relation of the Jones of New Toney who was amongst the Exeter prisoners. By W. W. Ravenhill, Esq. 153 That Pyle after he saw there was no greater appearance, said it was the baseness of those who had engaged themselves, and failed. That Pyle told him that Colonel Gardner was engaged ; that he met Pyle at one Pyle's house at "Wallop in Hampshire. That they did all expect the Marquiss of Hertford very earnestly ; and that Wagstaff said he would meet them at Blandford, that the said Pyle was very much acquainted with one Read that is now in the Tower. That Pyle informed them, that a great party would rise in Kent, the North, and in Wales. Said that Scotland and Ireland was to rise also at the same time. That when he was in France, which was a little before Christmas last, there was the Cardinal's * regiment brought down thither; and it was reported there, that the French were to help the king to his crown ; and the Governor of Eollogne said, that he wished he were in England with 2000 such horse as his were. That Plymouth was the plaoe where the Duke was to land. That Pyle mentioned Lord Willoughby of Parham, and Sir William Waller to be engaged. That when by the rising of the west and north they had drawn the army from London, then they were to have risen here in London and the parts about." Some of the information thus obtained from Jones, Thurloe already knew from Manning, a gentleman in the exiled king's suite, who was just beginning to furnish him with " letters of intelligence 33 in return for bills of exchange. By the 11th of April, Penruddock and Jones bad reached Salisbury, where those who were about to take part in the assizes at that city had already assembled. The newspaper, Perfect Account, of April 15th, 1655, has the following record of their visit : — 1 G The Museum, and Library, Miss Fowle - - - - Mrs. Kenrick - - - Marshall Hall, Esq. - W. C. Keram, Esq. - - J. E. Nightingale, Esq. Rev. E. Peacock - - Mr. Colwell - - - - Justly W. Awdry, Esq. "West Awdry, Esq. - - H. Barrey, Esq. - - - George Brown, Esq. J. E. Brine, Esq. - - R. Coward, Esq. - - Rev. Anthony Crowdy - Rev. Si Little wood - - E. Merriraan, Esq. £ s. d. - 2 0 0 - 2 0 0 - 2 0 0 - 2 0 0 - 2 0 0 - 2 0 0 1 11 6 1 1 0 1 1 0 1 1 0 1 1 0 1 1 0 1 0 1 0 1 0 1 0 J. Parry, Esq. - - - Rev. W. C. Plenderleath J. Farley Rutter, Esq. C. H. Talbot. Esq. - - C. Taylor, Esq. - - - R. F. Waylen, Esq. - Rev- E. C. Awdry - - Rev. J. Cornthwaite Rev. H. Goddard - - Thomas Kemm, Esq. Rev. J. Knight - - - Rev. E. Meyrick - - Rev. P. Peace - - - Rev. Dr. Wilkinson J. Baron - - - H. F. & E. BULL, Printers and Publishers, Devizes. © o CO © QO CO ro o © © © CO © f— I o o 1— 1 us CO ©* CO US a ^ QO S3 & .s « 1 0- .2 •a ti 05 — "S £ 1 >» be <*? fl 0 H oo CO •s § Pi o5 „ o o £ 5 0 s s o 00 o 03 « «~ S O CO ■u en »5 4 " 1 I s s § o S u 9 g 15* 73 * 6 3 GO -3 «4h f>> O ca la a 2 00 © *>» © © co 10 CD us 1—4 . © CO us 4S H § H 9 I S 1 Oh » 0> > CO r, * g $3 w .3 5 -g cq 02 u ST fl as o . o -t-> 2 « £ Just Published, Royal 8vo. Price Three Shillings. Dedicated by permission to the Lord Bishop of Salisbury. EARLY ANNALS OF THE EPISCOPATE This Work contains an account of the rise and progress of the Episcopate in Wilts and Dorset, from the establishment of the See of Wessex, by S. Birinus, a. d. 634, till the final settlement of the See of New Sarum, (or Salisbury,) a. d. 1218. Appended is a Table, showing the gradual forma- tion of the various Dioceses in the West of England ; and also complete lists, with short accounts, of the various Bishops, — whether of Wessex, Winchester, Sherborn, Ramsbury, or Sarum, — who had jurisdic- tion, either wholly or in part, over those Counties, which from time to time, have been included in the Diocese of Salisbury. Published by Messrs. JAMES IABKER & Co., 377 > Strand, London, and Broad Street, Oxford, Mid to be had of all Booksellers, IN by the AGENTS FOR THE SATjK OF THS WILTSHIRE MAGAZINE Bath B. E. Peach, Bridge Street. Bristol T. Keeslake & Co., 18, Queen's Ho Bradford on Avon. J. Day, Old Market Place. Chippenham G. Noyes, High Street. Devizes H. F. & E. Bull, St. John Street. Marlborough W. W. Lucy, High Street, Melhsham A. Cochrane, Bank Street. Oxford J. H. & J. Parker, Broad Street. Salisbury Brown & Co., Canal. Swindon J. New. Warminster B. W. Coates, Market Place. H. F. & E. BULL, PB1NTERS, DEVIZES. No. XXXIX. DECEMBER, 1872. Vol. XIII. THE WILTSHIRE SLrr^ttolngital mi Jhhmil lisstcrtj MAGAZINE. OF THE SOCIETY FORMED IN THAT COUNTY, A.D. 1853. DEVIZES : Printed and Sold for the Society by II. F. & E. Bull, Satnt Jon n 9m BE r. LONDON : Bell & Daldt, 186, Fleet Street; J. R. Smith, 30, Soiio Square. Price 5s. 6rf. — Members* Gratis* NOTICE TO MEMBERS. Members who have not paid their Subscriptions to the Society for the current year, are requested to remit the same forthwith to the Financial Assistant Secretary, Mr. William Nott, 15, High Street, Devizes. The Numbers of this Magazine, will not be delivered, as issued, to Members who are in arrear of their Annual Subscription : and who on being applied to for payment of such arrears, have taken no notice of the application. Some of the early Numbers of the Wiltshire Magazine are out of print, but there is a supply of other Numbers which may be had by persons wishing to complete their volumes, by applying to Mr. Nott. The Annual Subscriptions (10*. 6d. payable in advance, and now due for 1873), should be sent to Mr. William Nott, Savings Bank, Devizes, to whom also all communications as to the supply of Magazines should be addressed. All other communications to be addressed to the Honorary Secre- taries: the Rev. A. C. Smith, Yatesbury Rectory, Calne; and Mr. Cunnington, St. John's Court, Devizes. The Rev. A. C. Smith will be much obliged to observers of birds in all parts of the county, to forward to him notices of rare occurrences, early arrivals of migrants, or any remarkable facts connected with birds, which may come under their notice. THE WILTSHIRE ilrrjjirohigirnl nnb llntiirnl listotj MAGAZINE. No. XXXIX. DECEMBER, 1872. Vol. XIII. Contents* page Rowley alias Wittenham: By the Rev. Canon Jackson, F.S.A. .. 227 Recoeds of the Rising in the West, A.D. 1655 ( Continued) : By W, W. Ravenliill, Esq 252 The Saxon Church of Saint Laurence, Bradford-on-Avon : By the Rev. W. H. Jones, M.A., F.S.A 275 On a Roman Building at Holbury, near Dean : By the Rev. G. S. Master 276 On the " Fetter-lock " as a Cognizance of the Longs ofWraxal : By the Rev. Prebendary W. H. Jones, M.A., F.S.A 280 Account of Nineteenth General Annual Meeting at Trow- bridge, 7th, 8th, and 9th August, 1872 285 Temporary Museum 315 Rood Ashton, &c. : By the Rev. Canon Jackson, F.S.A 318 On Long Barrows and Round Barrows : By John Thurnam, Esq. M.D., F.S.A. . 339 Donations to the Museum and Library 343 ILLUSTRATIONS. Col. John Penruddock, beheaded 1655, from a portrait in the possession of Charles Penruddocke, Esq., Compton Bell & Daldy, 186, Fleet Street; J. R. Smith, 36, Sono Square. Hugh Grove, beheaded 1655, from a portrait in the possession of Miss Chafyn Grove, Zeals House 272 Saxon Church of Saint Laurence, Bradford-on-Avon 274 Doorway between Porch and Nave, Saxon Church, Bradford- on-Avon, 1872 275 Roman Drinking Cups and other objects 276 Plan of FoundatioDS of Roman Building at Holbury, near West Dean 278 The Fetter-lock , 280 DEYIZES: H. F. & E. Bull, 4, Saint JonN Street LONDON : THE WILTSHIRE MAGAZINE. " MULTOEUM MANIBUS GRANDE LEVATUR ONUS," — Ovid ofokg aim Mittfitjmm. By the Rev. Canon J. E. Jackson, F.S.A. TUDENTS of Wiltshire Topography, turning over the pages of the Public or other Records, in search of material for parochial history, may have met with " Wittenham " or " Rowley/' sometimes " Rowley alias Wittenham " or cc Wittenham alias Rowley/"* as the name of one of the parishes in the county. They will not have found it on any county map ; nevertheless, such a parish there once was. It had also a church, and an Incumbent and churchwardens who duly answered to their names and paid their fees at the Bishop of Salisbury's Visitation. But neither episcopal muster-rolls nor county lists, any more than the maps, know any- thing now of Rowley alias Wittenham. The reason is, that more than 400 years ago, it was, as a church, legally and with consent of all parties, annexed to an adjoining church, not in Wilts but in Somerset, viz., that of Farley- Hungerford (better known as Farley Castle), in the diocese of Bath and Wells. It is owing to this circumstance that the parish of Farley lies, as it does, in two counties. The annexation of two churches in one and the same county and diocese is not an uncommon act : but that of two lying in different counties and dioceses is so extremely rare, that it seems to deserve a little notice : especially when, as in the present instance, we are able to produce the document by which the annexation was legally and canonically made. The ruins of Farley Castle, about three miles west of Bradford- on- Avon, stand on a hill, upon the very eastern verge of fche county VOL XIII. — NO. XXXIX. K 228 Rowley alias Wittenliam. of Somerset. Below, and within a stone's throw from the Castle, runs the river Frome dividing Somerset from Wilts. On going- down the hill and crossing the county bridge into Wiltshire, you immediately set foot upon the ancient parish of Rowley alias Wit- tenliam. This continues, for a considerable distance, both forwards towards Westwood and Bradford along a lane still called Rowley Lane, and also along the road to the right hand, in the direction of Winfield and Trowbridge. The name of Wittenham is not now to be met with anywhere in the district : but it (and not Rowley) is the name of the parish given in the oldest authorities. There are two Charters; one of A.D. 987, (being No. 658 in the Codex Diplomaticus,) and the other of A.D. 1001, (printed in this Magazine, vol. v., p. 20,) from which it would seem not unlikely, yet not certain, that Wittenham meant the lands that lie along the river, on the Wiltshire side, between Farley Bridge and Iford. It is mentioned next in Domesday Book, as " Withenham 33 only, and assessed at 5 Hides, implying a tract of considerable extent. "Wyt'nam" is again named in the "Nomina Villarum/' A.D. 1315, as a « Vill" in the Hundred of Bradford. The name of Rowley, on the other hand, is still preserved, and is given to a large portion of the higher ground rising eastward from the river Frome, and to many detached fields now scattered about the parish of Winfield. The name means perhaps Rough Lea; either from the inferior quality of soil, or from its having been for a long time, forest imperfectly cleared. In an old Selwood Forest document of A.D. 1320, at Longleat, which gives the names of all the vills, lands and woods that were included in that Forest before temp. Edward I. (showing that it extended as far as Bradford-on- Avon) , ' ' Winfield, Witenham> Trowle, Westwood and Roule" are mentioned. In an Inquisition 9 Edw. IV., (1470) Wittenham and Rowley are named distinctly as two manors : " the manor of Witten- ham worth 5 marks a year held of the Lord Zouche : and the manor of Rowley worth 40 shillings a year, holden of the Abbess of Shaftesbury 33 (Lady of the Hundred of Bradford) . Here are clearly two separate properties held under different superiors : but a church By the Rev. Canon J. E. Jackson. 229 built in old times for the accommodation of both, would, on the spot and in the neighbourhood, naturally obtain the name of the par- ticular manor on which it stood. The registers of Sarum call it in the earliest entry, A.D. 1299, "Ecclesia Wyttenham:" in subsequent entries, f e Wy ttenham alias Rowley Being built, as by tradition it is said to have been, on Rowley, this name prevailed, and the other has been lost altogether. From what we know of the lands that still bear the name of Rowley, and which lie very much scattered, it would seem that (speaking broadly) the " Withenham 3i of Domesday represented the greater part of the following area. From Stowford by the river to Iford, thence in an easterly direction, but in a broken line, along Westwood parish boundary as far as, and even a little farther than, the cross-roads (between Bradford and Winfield) called " Dainton's Grave : " then, southerly, to the present Winfield Manor House, and thence back by the present public road to Stowford. On a large county map such as Andrews and Dury's a general idea of this area is easily obtained. This will explain what is otherwise difficult to understand, how " Withenham " could have been assessed for 5 hides in Domesday Book. The area just described is now occupied by land belonging to the parishes, chiefly of Farley and Winfield, between which the ancient lands of Rowley have been divided : but it includes also some fields of Westwood, and one or two pieces of Bradford parish, all of which it is certain from authentic documents were once part of Rowley. Descent of the Manor. Treating the two manors as one estate, their Saxon owner's name in the time of Edward the Confessor was Alvet. At the Conquest it was given to Geoffrey de Sancto Laudo (or St. Lo) Bishop of Coutances, in Lower Normandy. This foreign ecclesiastic had many manors in Co. Somerset ; among them, Newton near Bath, which still retains the name of his family. He evidently planted his Norman kindred in this part of England : for in Edward I. Rowley was held by William St. Lo. (T. de N.) A few deeds of ancient conveyance have been met with: and in the oldest, (noi 230 Rowley alias Wittenham. dated, but from the witnesses' names apparently of about Edw. I.) Roger de St. Lo was then owner. He parted with a small portion in " Rueleia," viz., a manse, a virgate of land, and pannage for swine in Wittenham Wood/' to one Walter Brutun of Henton Charterhouse whose son, John Brutun, settled it on his daughter Katharine upon her marriage with Roger Hamund, of Shoekerwick, near Bath. Thomas Hamund his son was owner in 1306. About the year 1427 it was purchased, under the name of " Hamund's lands/' by Walter Lord Hungerford, K.G., of Farley Castle. The manor and advowson passed out of the St. Lo family to George Cantilupe, Baron of Bergavenny, who, dying 1272 without issue, left it to one of his sisters, Milicent, wife of Eudo de Zouche. Elena, daughter of Alan de Zouche, married Nicholas St. Maur, who presented to the Church of Wyttenham alias Rowley in A.D. 1299. He was of the elder House of St. Maur, and owner of the manor of Road, Co. Somerset, a few miles off. Under the manor of Rowley were held several small outlying properties in various parishes, paying chief or quit rents : as at Ashley and Rudlow in Box, the town of Bradford, Bradford Lye, Woolley, and AvonclifF, in Wilts : and at Tellisford and Road in Somerset. In the last mentioned parish the name of Wittenham survived longer than any where else, slightly corrupted into " Little Wigen/iam/3 or " Road Wygnam by the water- side.-" At Shawford Mill, near Wolverton and Road, there was also land called " Wolverton's Wygnam.33 These grounds are so named in 1562 in an old rent roll of the Hungerford family, as copyholds of the manor of Rowley alias Wittenham, granted by George Lord Zouche, St. Maur, and Can- tilupe. At Tellisford there were admissions by the steward of the same manor so late as 1704. This explains why Rowley manor is sometimes described as u in the counties of Somerset and Wilts." Rowley remained in the St. Maur family from 1299 to 1410, when it came back to the Zouches, by the marriage of Alice St. Maur, an heiress, with Sir William Zouche, afterwards fifth Baron Zouche of Harringworth. In 1427 Lord Zouche being indebted to Walter Lord Hungerford, K.G., in a sum of 250 marks for "merchandize/' on a further Bf/ the Rev. Canon J. E. Jackson. 231 receipt of 200 marks, transferred to Lord Hungerford the manor and advowson of Rowle}^. The deeds completing the transaction are dated " at Rowlegh alias Witnam," the Feast of the Nativity of St. John, 7 Hen. VI., and six years afterwards, viz., in 13 Hen. VI., John de St. Manx Esq. (nearest of kin to the old owners) released in the usual way, any rights he might have in the Manor of Wytnam, "otherwise called" the Manor of Rowlegh. Lord Hungerford at the same time obtained a few acres in " Rowley Field near Yforde " (Iford), held of the Prior and Convent of St. Swithhr's, Winchester (this would be part of Westwood) ; and a small portion of land, also in the same field, held under the Prior of Henton Charterhouse. This purchase was all-important to Lord Hungerford, then busy in finishing, at Farley, the castle which his father, Sir Thomas, had begun. For his own parish (Farley) being behind the castle, on the western side, the principal view from his new windows would be over the lands of Wittenham and Rowley. The castle park also lay that way extending for about a mile as far as Iford, and divided into two by the river. Part of Rowley alias Wittenham and the lands obtained from the two Priors above- mentioned, formed the Wiltshire side : and these (it is believed) are the lands which are now known as the " Wiltshire Park Farm." In 1555 (2 and 3 Phil, and Mary), Sir Walter Hungerford (a de- scendant) and Agnes, his wife, leased Rowley Farm to Christopher Bayly, for 40 years ensuing after the death of Elizabeth Lady Throckmorton, then wife of Sir Robert Throckmorton, widow of a former Sir Walter Hungerford. Christopher Bayly married Matilda, daughter of Thomas Horton, Esq., of Iford, and after his decease she re-married Walter Bush who was occupier of Rowley Farm in 1583. It is described as lying in Rowley, Stowford, Westwood, Iford and the Moors (believed to be between Midway Farm and Trowle Common). Rebecca Bayly, granddaughter of Christopher by his wife Matilda Horton, was an heiress. She married, first Henry Long, Esq., of Whaddon, who died 1G12 : secondly, Henry Sherfield, of Salisbury, M.P.1 There are some fields (titheable to 1 The celebrated Recorder of that city, who in order to show his dislike of the architectural decorations countenanced by Archbishop Laud, and on the plea 232 Rowley alias Wittenham. Farley as being parts of Rowley) called the Slow Grounds, not far from Winfield Manor House, which, in a Farley Terrier of 1675 are described " as the inheritance of the Longs, but in the tenure and occupation of Mrs. Shertrin/'' meaning this Mrs. Sherfield. In 1583 a survey of Rowley Manor was taken for Sir Walter Hungerford. The lands thrown into the old park, being demesne, are omitted. There appear to have been only two houses on the spot, Rowley Farm-house and a cottage. The farm-house is described as containing ' ' five fields whereof two were new builded, a new barn of five fields, and a cutting under the barn in length 3 fields." The lands are called very much by the same names as at present : but there have evidently been many inclosures since, as there were then no less than 37 acres in Stowford Field, and 57 in Westwood Field. Robert Rogers was the only cottager. It was stated above that of the manor of Rowley were held several properties, of various size, lying at a considerable distance. The following is the list of them given in the survey of 1583 : — Freeholders doing suit of Court and paying Chief Rents to the Manor of Rowley, 1583. In the Parish of Thomas Snell, Esq. A House and 37 acres. Chief Rent, Box. £2 0 0 a year. [The same sum was paid in 1777 by Vm, Northey upon grounds then called " late Jessers."] Edmund Leversage, Esq. , for " Bishop's which was the 4th part of Rudlow Farm." 109. [In 1777 this was paid by Ambrose Goddard, Esq.] William Long : a Rowlease tenement called " Hayes," about 50 acres : Fogbroke, Milcroft, Widenham Mead, Mount- ford-ham, Chapel Field, &c. [Some of this would probably be at Ashley in Box.] Anthony Grome : For 33 acres, Corbyn's, Fogbroke, Duns- croft, &c. [Afterwards Mr. Snell's.] Copyholders of Rowley Manor, 1583. In Co. Wilts. In South Wraxhall ) Thomas Croke, 25 Acres, Wrysall mead, land by and Atworth. ; Donmead-Brook and Elbridge, Tymmeridge, &c. that the representations were blasphemous and profane, broke to pieces with his staff the stained-glass window in St. Edmund's Church, Salisbury ; for which an information was filed against him in the Star Chamber, and he was im- prisoned and fined £500. By the Rev. Canon J. E. Jackson. 233 Ancliff and )John Hendy, about 30 Acres. [Afterwards R. Dyke's Winsley Fields, j and bought by James Druce of Bradford, clothier.] ,, Robert Grant. A Fulling Mill and Grryst Mill, both under one "roffe," and Avoncliff weare. [Held in 1609 by one Erberie, afterwards by John Davison who bought it in 1700 for £197 ISs. 0d.] Box. John Shute : Riokman's, and common on Kingsdown. Bradford. William Howell. " A piece of voyde ground, 3 lugge in length "and 2 in breadth, at the other end 16 foot, upon which plecke is now builded a praty house." [This was bought in 1700 by Edward Thresher of Bradford for £28.] Pet-put Street. John Jones, A small piece of voyde ground. [Bought in 1700 by Mr. Barnard.] [It may be added here from another source, that in 7. Hen. IY. (1405-6) Walter Lord Hungerford, K.G., of Farley Castle, purchased of Philip Verdon a messuage in Peput Street:' also some land at Holt and Puddenham, adjoining Wolvelegh, above Stonehill ; all which he gave to his mother, Joan (Hussey), wife of Sir Thomas Hungerford.] John Pearce, a Cottage. Wolley. William Webbe. 44 Acres. Holt, Bradford, \ _ _ , _ Freshford Moor ( Heney Bapshyr : 32 Acres, Dunsmead, Backerley, Tud- and Puddenham. j dersle^ Pilkmead> &c- Atfobd and S. Wraxhall. Crooke, and Keeping, 13 Acres. Awberd's Lyes ) Henry Bapshur, 12 Acres, " BurnwelPs.'' & Bradford Lye; j Richard Horne, 38 Acres, MichelPs, Pilkmcad, Caswell's in King's Field, Blaok Acre at King's Cross, Keyneswell, Copyholders of Rowley Manor. 1583. In Co. Somerset. Tellisford. Thomas Hibbard. Chatley close, &c. John Drtjce. House and Land in N. and S. Fields. Thomas Tucker, Walter Busy (or Bissie), and Henry Deverell : messuage and land called Boilings. Gregory Bekar. Little Chatley. Uryll Swift. do. In 1610 Rowley Farm was held under Francis, Earl of Rutland, for his life, in right of his wife, Cicely, widow of a Sir Edward Hungerford, who died 1607. The tenant at that time was William Walter. In 1687, on the breaking up of the great Hungerford property through the extravagance of Sir Edward Hungerford, K.B., temp. 234 Rowley alias Wittenham. Charles II., Rowley (with all the rest of the estates around Farley Castle) was bought by Henry Baynton, Esq., of Spye Park. A few years afterwards, in 1700, the whole was re-sold, out of Chancery. Mr. William Chandler, of Bradford, Salter, bought (it is believed) besides the original Iford estate, then very small, so much of Rowley as had been thrown into the old park of Farley Castle, viz., that part which is now called the Wiltshire Park Farm. Mr. Chandler also bought the manorial rights of Rowley, chief rents, &c, above detailed. Many of these chief rents still belonged to the Iford estate when that property was sold by Mr. Turner to J ohn Gaisford, Esq., about 1779. The owner of Iford now claims the manor or reputed manor of Rowley. Rowley Farm was bought by Mr. Barnard. Before the year 1732 he had sold his purchase to three persons, Mr. Dyke, Mr. Zachary Shrapnell (of Midway), and Mr. Wm. Yerbury. Mr. Yerbury's portion was afterwards bought by Thomas Cooper, Esq., of Winfield, and is now that part of Stowford Farm which lies in the parish of Farley. Rowley Farm-house was taken down many years ago. Church and Advowson. The church was dedicated to St. Nicholas. It had a nave, chancel, and church-yard : and is said, by tradition, to have stood in Rowley Lane, about half-way between Farley and Westwood, at a spot where the lane widens into an open green, still called by some, Holy Green. No traces, however, of foundations have been detected in the lane itself, even in very dry seasons. J ust at this point an old pack- horse road from Stowford to Iford crosses Rowley Lane, and in one of the fields at the crossing, a pond and certain traces of buildings, barton and orchard, mark the site of Rowley Farm-house. In another field on the opposite side of Rowley Lane are other in- dications of buildings. The church may have stood there, but no interments seem to have been met with. The spot is so lonely and the habitations, even in its most populous days, must have been so few, that unless some person of consequence or great piety once lived there, it is strange that a church should have been built at all, the By the Rev. Canon J. E. Jackson. 235 church of Westwood being not much more than a quarter of a mile off. But Rowley being an independent parish, with a Rector, it was probably thought right that it should have a church of its own. It appears, from the Act of Annexation to Farley, that Rowley Church was intended to be preserved, the parishioners of Rowley being, by the document, exempted from paying towards the main- tenance of the nave of Farley Church, on condition of maintaining their own. Their chancel was to be kept up by the Rector of Farley. All the church ornaments, vestments, &c, of Rowley to remain as they were. Masses to be said three times in the year, viz., on St. Nicholas's Day (6th Dec), the Nativity of the B.V.M. (Sept. 8th); and on the day of the Dedication of Rowley Church. For all other services and offices they were to attend at Farley. A special arrangement was made for observing in Farley Church the Obit of Lord Hungerford's father, Sir Thomas, who had died, December 3rd, 1398 : all the expenses of which were to be borne by the Rector of Farley on the strength of the addition to his income by the benefice of Rowley. Every 2nd December, the eve of the Obit, the Rector was to collect seven priests and say a solemn mass for the dead. On the 3rd a mass by the Rector and seven other masses by the rest, for the souls of Lord Hungerford's father and mother, for his own and his wife's, during their lives, and likewise after their deaths. After which, the seven chaplains were to dine with the Rector and receive 4d. a-piece for their pains. Thirteen poor folk were to attend the masses and to receive one penny each. Two wax tapers, each weighing one pound, were to be kept continually burning during the ceremonies. Failing performance of these injunctions, the Rector was to pay a fine of xx shillings towards the building of "Wells Cathedral, and to be suspended from all the emoluments of both churches. As Rowley Church was only to be made use of three times a-year, it was not likely to be kept up very long, but at what time it was entirely taken away is not known. The Registers of Sarum have preserved the names of six Rec tors of Wittenham alias Rowley, viz. : — 236 Roioley alias Wittenham. A. P. Rector. Patron. 1299 1363 1409 1410 1419 1421 Ecclesia Wyttenham E. Withain alias Ro wle >> >» E.Wyttenham Roly ) in Archdiao Sarum j E. Wittenham Rowly E. Wittenham Rowely it >> Richard de Pulton John Benet Roger Holford John Corbyn,inceR.H. John Fenton,v. Corby n RichardCyddeleygh \ on resign : of J. Fenton ) [Name not given] Nicholas de St. Maur, Kt. TheKing: for the heirs of Nicholas St. Maur, decd. »> >> The King, for the heir of Sir Richard St. Maur. The same for the same. The King. In the Valor Eccles. H. viij., a ec Portion of viij pence per annum" 1 is entered as payable to the Dean and Chapter of Saram from the church of Rowley : and from lands at Rewleigh juxta Farlegh 14s. a-year was paid to the Priory of Henton Charter-house. The Rector of Rowley had been used also to pay 6s. 8*. a-year to the Abbey of Shaftesbury " pro capitulo reddendo/'' which payment at the time of the Val. Eccl. (1534) continued to be paid by the Rector of Farley. Besides the names of residents at Rowley already given, there are in the parish registers of Farley the following entries of two families, Heale and Sargent : — HEALE of Rowley. Roger Heale = Abigail. of Rowley in the Tithing of Winkfield. Bur. at Farley, 3 Feb. 1696. John Heale. Mary Heale. Barbara Heale. Elizabeth Heale. Anne Heale. Bapt. at Farley, Bapt. at Far., Bap. at Far., Bapt. at F., Bapt at F., 23 July, 1693. 14 Sept., 1675. 18 March, 1680. 23 Dec, 1683. 27 Oct., 1695. SARGENT of Rowley. Henry Sargent =Mary. of Rowley. Died I 1 May, 1697. | Henry Sargent, Jr. Enoch Sargent, of Rowley. Died D. 16 April, 1697. 5 May, 1697. Jane, dau. of Joseph and Jane Sargent of Rowley, born 20th, bur. 24th Jan., 1700. By the Rev. Canon J. E. Jackson. 237 From the union of the two parishes described above, a great deal of confusion has continually arisen. The parish of Rowley being in Co. Wilts, has been for civil purposes associated with adjoining Wiltshire parishes. In 1439 " Westwood and Roughley" were re- turned as one tithing (supra p. 118). In 1568 "Trowle and Row- ley" are called one tithing (Muster Roll). In 1569, " Rowley, Trowle and Winfield" go together and provide one tithingman (Subsidy Roll) . In the old Court Rolls of Bradford Manor," Winfield and Rowley." Some lands, again, called Rowley pay rates to Win- field parish, others called Rowley, to Farley parish. Still greater the confusion in matters " spiritual." The old church terriers of Farley show that in 1675 many acres of land lying in and inter- mingled with the lands of other parishes, Westwood, Bradford and Winfield, were nevertheless lands of the parish of, and titheable to, Farley. All these had been undoubtedly part of Rowley parish, added to Farley by the " Annexation," but through uncertainty or neglect, they have been lost to Farley parish. The glebe lands also of the old parish of Rowley have been a fruitful source of difficulty ; even those which belong, without any sort of doubt, to the Rector of Farley, nevertheless lie scattered all over Winfield ; and about sixty years ago, there was an expensive litigation necessary to es- tablish rights. As to the tithes : there are some fields in Winfield, rateable to that parish, but paying tithe to Farley. In some in- stances, one and the same field pays one moiety to one Rector, the other moiety to the other. At the Tithe Commutation in 1838, all these matters were, at great trouble and expense, investigated and settled ; but fresh comers into the parish of Winfield are sometimes not a little puzzled to understand why they are called upon to pay rent-charge in lieu of tithes, not only to their own clergyman, but to the incumbent of another parish in a different diocese. The ex- ample set by Walter Lord Hungerford, K.G., temp. Hen. VI., in uniting and annexing a church in one county and diocese, with a church in a different county and diocese, is one which Patrons, Bishops and Rectors, as they love parochial simplicity and peace, will do wisely — never to follow. The following document is therefore presented, not as containing 238 Rowley alias Wittenham. I a precedent to be adopted, but only as a very curious legal instrument, probably unique of its kind, among Records relating to the County of Wilts. Act of Union and Annexation of the Two Churches of Farley Hungerford in the Diocese of Bath and Wells and Rowley alias Wittenham in the Diocese of Sarum.1 24 November, A.D. 1428. To all the faithful in Christ unto whom these present letters shall come and whom either now or hereafter the matters herein written may in any wise concerne : John by Divine permission Bishop of Bath and Wells,2 Greeting, &c. Be it known to all by these presents that we have lately received from our Reverend Brother Robert by the grace of God Lord Bishop of Sarum3 certain Letters sealed with his seal directed unto us, and presented on behalf of the Noble and Puissant Lord, The Lord Walter Hungerford, Lord of Haytesbury and Homet and Patron of the Parish Churches of Farley Hungerford in our Diocese, and of Rowley alias Wittenham in the Diocese of Sarum : whereof the tenor is as follows : — ' ( To The Reverend Father and Lord in Christ, the Lord J ohn by the grace of God Bishop of Bath and Wells, Robert by Divine permission Bishop of Sarum, Health and continual increase of sincere love. 1 The Latin document, here translated, was discovered in the fine Cartulary of the Hungerford family, (containing copies of more than 1300 deeds,) in the possession of the late Rt. Hon. Henry Hobhouse, of Hadspen, near Bruton, Co. Somerset, who many years ago kindly placed the volume at the present writer's service for a considerable time. 2 John Stafford, appointed to Bath and Wells, 12th May, 1425. Translated to Canterbury, 1443. It may be mentioned here, that Archbishop Stafford is believed to have been born a few miles from Farley Castle, in the parish of North Bradley, at Southwick Court, which then belonged to his family. In North Bradley Church (attached to the North side) is a pretty little mortuary chapel, erected by the archbishop in memory of his mother Emma, buried there. s Robert Neville, appointed Bishop of Salisbury in A,D. 1427. By the Rev. Canon J. E. Jackson. 239 " On the part of the Noble Lord, the Lord Walter Hungereord, Lord of Haytesbury and Homet, and Patron of the Church of Rowley alias Wittenham in our diocese, it hath been by his own suggestion set forth unto us that the said Church of Rowley alias Wittenham which was wont to be governed and ordered by secular Chaplains/ successively thereunto admitted, taking and exercising the charge of the said Church and the Parishioners, hath been so impoverished, and the fruits, profits and emoluments thereof have become so poor and scanty, that, for a long time there hath been found no secular chaplain willing to undertake or to occupy the church or be admitted to the Title thereof, and thus the church itself and the charge of the same have long been and now continue to be desolate and neglected, without any one to officiate therein : And the said Lord Walter Hungereord is also, as we are informed, Patron of the Parish Church of Farley Hungereord in the diocese of Bath and Wells, which Church is very near the aforesaid Church of Rowley alias Wittenham, the distance from the same not ex- ceeding one half mile, so that Divine Service and the Offices of religion may be performed at the said Church of Rowley alias Wittenham by the Rector of the said Church of Farley Hunger- ford and the said Parishioners of Rowley alias Wittenham may conveniently go to the aforesaid Church of Farley Hungereord to receive the Sacraments and Sacramentals,2 and to attend Divine Services : Therefore the aforesaid Lord, seeing the cure of the afore- said Church of Rowley alias Wittenham and the charge thereof so long neglected, and the parishioners deprived of the means of divine worship, from the causes aforesaid, as it is alleged, hath made earnest suit to us, that we weighing these circumstances would give our consent and authority to carry into effect by force of law the xThat is, Priests who lived "in seculo," in society among the people, like parish clergymen: as distinguished from "Regulars" who lived within the walls of their monasteries "ad regulas," according to the "Rules" of their house. 2 " Sacramentals." — The word is used by Beza (quoted in Hooker's Eccl. Polity., Lib. iv., 1, 4. Edit. Keble,) to denote " any ceremony importing sig- nification of spiritual things." It is also used by H. Wharton on Burnet's Hist, of Reformation : "Sacraments, Sacramentals, Dirigies." Burn, Eccl. Law, 1, 67, calls burials and tithes, Sacramentals. 210 Ttowley alias IF it ten ham. Union and Consolidation of the said church of Rowley alias Wit- tenilue with the said Church of Farley Hungerford, so that the O dices of Religion may be fitly provided, according to certain re- gulations hereafter for ever, for the Parishioners of the said church, of Rowley alicts Wittenham, by the Rector for the time being of the said church of Farley Hungerford or some other chaplain in his stead. " Upon all and each of these considerations, and after solemn in- quisition made by trustworthy and discreet men set to procure the best information upon this matter, the Parishioners of the said Church of Rowley alicts Wittenham, with others herein concerned, having' also been called together, by our authority and mandate, and the truth of the matters now stated, having' been satisfactorily established before us hy proofs and documents, and all and singular the premises above set forth to us by the aforesaid Lord Walter having* been found to be in all respects true ; and the express consent of all parties therein interested having' been specially required and duly communicated to us ; " We do therefore by these presents convey unto you Reverend Father, our authority to act for us in the said Union and Annexation in form of law, requiring observance of the conditions following : That is to say : "The Parishioners of Rowley alias . WiTTENHAM shall not be bound to repair the Nave of the aforesaid Church of Farley Hun- gerford but only to repair and maintain the Nave of the Church of Rowley alicts Wittenham aforesaid. " Furthermore, the Rector of the said Church of Farley Hun- gerford for the time being' shall say or cause to be said in the said Church of Rowley alicts Wittenham every year hereafter for ever, One Mass on the feast of St. Nicholas (December 6) to whose honour the said Church is dedicated : And another Mass on the Feast of the Nativity of the Blessed Virgin Mary (September 8) . And that the Rector of the Church of Farley Hungerford and his successors shall each successively repair, and maintain at his own proper cost and expense the Chancel of the said Church of Rowley alias Wit- tenham. Reserving moreover for the indemnification of ourselves By the Rev. Canon J. E. Jackson. 241 and of our successors in our Church of Sarum, and of the Archdeacon of Sarum for the time being, in lieu of fees upon Institutions and Inductions to the said Church of Rowley alias Wittenham, the following payments, viz., viii pence to ourselves and our Successors Bishops of Sarum, viii pence to the Dean and Chapter of Sarum, and also viii pence to the Archdeacon of Sarum, for the time being, to be well and truly paid every year after the Union aforesaid upon the Feast of the Annunciation of the Blessed Virgin Mary (25 March), by the Rector of the said Church of Farley Hungerford and his successors for ever in the same. Saving always in all things our Episcopal rights and those of our Archdeacon in the rents profits and charges from the said Church of Rowley alias Wittenham due and accustomed from ancient times; saving also the dignity and diocesan privilege of our Church of Sarum as well as the bounds and precincts of our Diocese from all violation whatever. " And we pray you that on the completion of this act, ye will vouchsafe to communicate to us, whatsoever ye shall have done therein by your Letters Patent ensealed with your seal, embodying within them, the contents of these presents. " Given under our Seal for Temporalities1 at our Manor of Rem- mesbury2 22nd September A.D. 1428, in the first year of our con- secration. " Provided further that the Books, Vestments, and other or- naments of the said Church of Rowley alihs Wittenham shall re- main in the said Church, to be preserved without any alienation whatsoever. "And Whereas upon the receipt of these Letters from our Reverend Brother Robert, Bishop of Sarum, it hath been set forth and declared to us upon the part of the aforesaid Noble Lord Walter Hungerford Lord of Heytesbury and Homet, Patron of both 1 " Sigillum ad causas: " meaning the particular seal used by Ecclesiastics in office, Chapters, &o., in executing deeds relating to matters of worldly business* This custom existed in the previous century, the 14th. "Pour 1c tempore] " is the explanation given in the preface to "Collection de Sceaux." Faris, 1863. 2Ramsbury, in the North-east of Wiltshire: from A.D. 009 to A.D. 1075 the seat of a distinct Bishoprick : after that, and at the time of the date of this document, one of the residences of the Bishop of Sarum. Rowley alias Wittenham. the aforesaid Churches of Farley Hungerford and Rowley alias Wittenham, that all and singular the declarations made in the said Letters are true, and it hath been further made known to us on the part of the said Lord, that the Parish Church of Farley Hunger- ford being* in his patronage, is moderately endowed, and that the profits and emoluments thereof have also so greatly decreased that he who is or shall be Rector of the Church of Farley Hungerford shall hardly be able out of the revenues thereof duly to meet and sustain the burdens incumbent on him as Rector ; And whereas the said Noble Lord hath in consequence thereof earnestly besought us that we would deign to take into our consideration all the particulars set forth in the Letters aforesaid, And, that for the relief as well of the Rector of the Church of Farley Hungerford and all his successors, as of the Church itself, and in order to lighten the bur- dens aforesaid, We would consent to unite the said Church of Rowley alias Wittenham its rights and appurtenances, with the said Church of Farley Hungerford to the proper use of every Rector of the Church of Farley Hungerford, and furthermore that we would do and ordain in due form what shall be required on this behalf, by our own authority and that of our Reverend Brother Robert Lord Bishop of Sarum as conveyed to us by our Reverend Brother in the Letters aforesaid. And whereas in the meantime by the joint authority of our Reverend Brother and ourselves lawful enquiry hath been made into the circumstances, and by inspection of muniments, deeds, and other evidences produced in this behalf by the Noble Lord, it doth appear that as concerning our present purpose they are thoroughly sustained by truth, We therefore John Bishop of Bath and Wells lawfully proceeding upon the petition of the said Noble Lord in the matter of this union, In the Name of Christ to which we now appeal, by the authority and with the license and consent of our Reverend Brother Robert Bishop of Sarum and with the goodwill and consent of all herein concerned (grave and careful discussion having been first holden with the same) have declared and by these presents do declare that for the union of the said church of Rowley alias Wittenham to the Church of Farley Hungerford we do find in the premises full, true, sufficient profitable meet and lawful cause. By the Rev. Canon J. E. Jackson, 243 u Moreover for the benefit of both the Parish Churches aforesaid and of the Parishioners of the Church of Rowley edicts Wittenham and to the end that they may not any longer be deprived of Divine offices or of the Sacraments and Sacramentals of the Church, nor be left any longer destitute of spiritual advantages, With the consent of our Revd, Brother, Robert, Bishop of SarUm Diocesan of the said Church of Rowley alias Wittenham and of all others herein con- cerned, after due and proper notice first given, and faithfully adhering to the requirements made in this behalf by the laws, By our authority as Ordinary, as well as by license of our Revd. Brother Robert, Bishop of Sarum Diocesan of the said Church, herein conveyed to us, " We do canonically unite incorporate and annex the Parish Church of Rowley alias Wittenham with all its rights and ap- purtenances to the Parish Church of Farley Hungerford and do grant it to the proper use of every Rector of Farley Hungerford and of the Church itself, to be held by them for ever. " Furthermore that it shall be lawful for every Rector for the time being of the said Church of Farley Hungerford by himself or by his lawful representative upon authority of these presents to enter into the said Parish Church of Rowley alias Wittenham and into the actual possession of the same, and to take and obtain possession thereof, and having taken, to keep and hold ; and to receive all profits, rents, revenues, rights, tithes, oblations and obventions what? soever due or belonging to the said Church of Rowley alias Wit- tenham and the same to apply to the use and advantage of the said Rector, for the time being, of the Parish Church of Farley Hunger- ford for his own relief and for the support of the burdens aforesaid. " Moreover, that it shall be lawful for the Rector for the time being of the said Church of Farley Hungerford to receive and to admit all parishioners of the said Church of Rowley alias Wit- tenham both that now are and hereafter for ever shall be, to attend Divine Service and to take and receive the Sacraments and Sacra- mentals of the church from the Rector of the said Church of Farley Hungerford or his deputy : And for ourselves and our Revd. Brother Robert, Bishop of Sarum we do give and grant our leave and license to the said Parishioners of Rowley alias Wittenham to VOL xiii. — no. xxxix. s 2U Rowley alias Wittenham. frequent the said Church of Farley Hungerford for attendance on Divine Service and for receiving the Sacraments and Sacramentals of the Church, without seeking leave or license from any other for the same. "Appointing and ordaining, and thus we appoint, ordain and decree ; That by virtue of the said Incorporation and Annexation, so long as they hold good and endure and by force and under protection thereof, the said Rector for the time being of Farley Hungerford shall duly attend to the Cure of the Parishioners of Rowley alias Wittenham, and shall hold the said Cure fully and effectually, and that all Parishioners whatsoever of the said Church of Rowley alias Wittenham shall obey and wait upon every Rector for the time being or his Curate and shall acknowledge him as their own Rector or Curate and shall pay or cause to be paid to him every year for ever, and to his deputies, all tithes, oblations and other spiritual revenues whatsoever and whensoever issuing through and from them and their goods, belonging or rightly owing unto the Church of Rowley alias Wittenham and shall duly satisfy him for the same. " As to the repairs, improvement and restoration of the Nave of the said Church of Rowley alias Wittenham and the Fence of the Church-yard of the said Church, and as to the provision and main- tenance of the ornaments of the said Church of Rowley alias Wit- tenham by right or custom, or agreeably to Provincial or Synodal Constitutions which charges have hitherto pertained or been used to pertain to the Parishioners of Rowley ali&s Wittenham, these we pronounce to belong unto the Parishioners of the Church of Rowley alias Wittenham for ever. " But our will is that they, the said Parishioners, shall in no wise be compelled to contribute to the repairs, improvements or renovation of the Nave of the Church of Farley Hungerford or of the Fence of the Church-yard of the said Church, or to the provision or repairs of Books or any ornaments of the said Church. " Also as to the repairs and renovation of the Chancel of the Church of Rowley alihs Wittenham, so long as the union shall en- dure these we ordain to belong to the Rector of Farley Hungerford. " We also will and ordain by our Authority as Ordinary as well By the Rev. Canon J. E. Jackson. 245 as by the authority conveyed to us by our Rev^. Brother Robert, Bp. of Sarum : that every Rector of the said Church of Farley shall say or cause to be said every year, Masses and other Holy Services in the said Church of Rowley alicbs Wittenham upon the Feast of St. Nicholas (6 Dec.) in honour of whom the said Church is built and consecrated, and upon the day of the Nativity (Nov. 8) of the Blessed Virgin Mary, and upon the day of the Dedication of the said church. " And forasmuch as in all likelihood there will be from this time forth no vacancies in the said Church of Rowley alias Wittenham, in consequence of which, unless compensation be made, detriment would arise to our Revd. Brother Robert, Bishop of Sarum and to the Archdeacon of the Archdeaconry of Sarum within whose circuit the Church of Rowley alias Wittenham is situate, " We therefore John, Bishop of Bath and Wells, by authority aforesaid, do ordain that in order to make good the rights of the Bishop of Sarum, the Dean and Chapter of Sarum and the Arch- deacon of Sarum, proper indemnification be made unto the same. And our will is that the annual pensions before mentioned, to wit : viii pence to the Bishop of Sarum for the time being, viii pence to the Dean and Chapter, and viii pence to the Archdeacon of Sarum, shall be well and truly paid upon the Feast of the Annunciation of the Blessed Virgin Mary or within eight days following by the Rector of Farley Hungerford, or his deputy in his name, every year for ever. " Albeit, by these our ordinances we intend no prejudice in any sort to the dignity of the Bishop of Sarum or the rules of his Diocese, nor to meddle with the jurisdiction, bounds and precints, either of the Bishoprick or Archdeaconry of Sarum ; but we will that they shall continue in their force, vigour and effect, as they have hitherto been, according to the full meaning of the law without any violation whatsoever by reason of the premises. " Furthermore, we will and ordain that the Books, Vestments, and other Furniture of the Church of Rowley aMcts Wittenham now or at any time thereunto belonging shall remain within the Parish of the said Church itself without any alienation whatsoever in s2 Rowley alias Wittenham. any wise to be made ; and we will that they may be kept in safety, so long as they shall last, by one of the Parishioners of the said village of Rowley alias Wittenham residing therein to be chosen and deputed by the common consent of the Parishioners themselves. u And whereas the emoluments of the aforesaid Church of Farley Hungerford being augmented by the union aforesaid, the charges afore and hereinafter mentioned can be more easily and without weariness endured, We appoint, and with the consent of [John Gloucestre] now Rector of Farley Hungerford, do ordain that the said [John Gloucestre] Rector of the said church of Farley Hungerford and his successors for ever shall upon the ground of this annexation support and discharge the burdens hereinafter men- tioned every year for ever, viz. i "That upon the 2d day of December, [John Gloucestre] now Rector of the Church of Farley Hungerford and every succeeding Rector for the time being, having there gathered unto him Seven Chaplains specially sent for and invited for this purpose,shall solemnly chant and celebrate or cause to be chanted and celebrated, devoutly and with effect, in the said Church of Farley Hungerford $| Jbevbtce for tfie DratT, viz. : a platetlO and a Binge* And upon the 3rd day of the month of December, % Solemn J3lagg and ScbCtt Otfier J3taggeg by the Seven Chaplains aforesaid, so far as can by any means be done every year for ever : ' dFor tfie JbOtilg Of gootr memorg of Sir 3tfiomag ftnngerfortr imigfit, antr of Sfofianna late flig foife tfie treceagetr parents of the aforegaitr Walter ftungerfortr: &ntr for the Welfare of tfie Hortr Walter fiimgelf antr of Itatfiarine flig foife antr of tfietr Song antr Bangfiterg go long ag tiuv gfiall lib*. &ntr for tfie gonlg of tfie game Horn Walter antr itatfiarine anlr of tfietr gong antr trangfiterg after tfieg fiabe trepartetr tfiig life, anlr for tfie Sonlg of all tfie fattflfttl ireteagetr** And upon the said 3rd day of December every year for ever the Rector and his successors shall treat the Seven Chaplains there present and officiating to a fair entertain- ment of Meat and Drink. And, after dinner, upon the same day, to wit, the 3rd of December, they shall pay unto each of the said By the Rev. Canon I. E*. Jackson. 247 Seven Chaplains Four Pence apiece for the service aforesaid. And the Rector and his successors shall cause to attend at the said M*$$C$, every 3rd of Deer., SfltrteCtt $00V dFolft, to pray God for the Souls aforesaid, to each of whom when the said f$tA$£C£ are ended, shall be well and truly paid and delivered One penny in the name of the said souls. u And the said [John Gloucestre] now Rector of the Church of Farley Hungerford and his successors shall provide Two fair wax Tapers, each of them weighing of wax one pound, to burn continually during the whole time of the Chaunting of the £bct*f)tCC fOt ttlC and the i$t every year for ever. " And we will and ordain that the Rector for the time being shall be bound to provide in manner aforesaid and to be accountable for the charges of the Funeral Service, masses, entertainments, alms and wax tapers, under penalty of xx shillings to be applied to the building of our Cathedral Church of Wells, and on pain of being suspended from receiving the emoluments of the two churches aforesaid. And this penalty we hereby decree to be put in force against any Rector at once, and as often as he shall fail in this matter. " Furthermore we do also appoint that before the present Rector shall enter upon the possession of the Church of Rowley alicts Wittenham he shall be put to his corporal oath upon the Holy Gospels of God faithfully to observe the premises so far as they concern him, so long as he shall continue to be Rector of the Church of Farley Hungerford, whilst this union and annexation shall en- dure. And in like manner let every Rector him succeeding in the same, at his Induction to the Church of Farley Hungerford bo bound by the like Oath conformably with this our Ordinance. " Reserving always, to ourselves and to our successors, Bishops of Bath and Wells, the right to alter these statutes, to take from or add to them, or otherwise adjust them, for the benefit of the Churches aforesaid. " And to this end that no one may hereafter call in question the original Letters (hereinbefore set forth) addressed to us by our Reverend Brother Robert, Bishop of Sarum, the whole tenor whereof is in these presents contained ; and that no damage may 2-1-8 Rowley alias Wittenham. accrue to the Rector of the Church of Farley Hungerford and his successors through non-exhibition of the same ; seeing that the said original Letters of our Revd. Brother Robert,, Bishop of Sarum cannot always be produced, " We, John, Bishop of Bath and Wells, upon the request of the Lord Walter Hungerford, Patron of both the Churches, and of the aforesaid [J ohn Gloucestre,] Rector of the Church of Farley Hungerford, have specially commanded the exact purport of the Letters aforesaid to be largely truly and wholly within these presents embodied and inscribed, in order that the same implicit reliance may be for ever thereon placed as on the original Letters themselves. " In Witness and assurance of which things all and singular, we have to these presents caused our seal to be attached. " Given at our Place1 in London the xxivth day of November, 1428, and in the fourth year of our Consecration. 33 Deeds relating to Rowley alias Wittenham, in the " Hungerford Chartulary ; 33 translated from the Latin and abridged. "The Lands and Tenements formerly Hamunde's. 1. Roger de Sancto Laudo [St. Lo] grants to Walter Brutun a virgate of land in "Rueleia," held by Johes. Clericus : and a messuage, in ye occupation of " Petrus Pistor " on the E. side of a meadow belonging to the virgate, with half an acre on the South side, next to the arable called " Worthehes" with another half acre lying in the East field near the Nore&hall. Paying annually a pound of pepper, and on condition that the said "Walter answers for those lands to the King for the 40th part of a Knight's fee. Furthermore the said Roger grants that Walter shall have pannage for six swine in his [Roger's] woods yearly, and six loads of fuel from his woods, the week before Christmas. War- ranty given against all men and women. Witnesses, Rob*, de Mucegros, Rob*, de Bekeford, Robert Clerk, William Blundell, Roger, son of Ralph, Alexander de Montford, Hamon Ursel, and many others. \_No date.~\ 2. John Bruton grants the aforesaid messuage and virgate, (formerly held by his Father Walter B), to his daughter Catherine and her heirs ; Yielding for the same, a pound of pepper at Michaelmas to the Lord of the Fee, and to him the said John a Rose at Midsummer. Witnesses John de St Lo, Lord John Lovel, Junior, Kt : Henry de la Cleye,* Grervase de Suddebur', Richard de Bath, Sir Richard Vicar of the Monistr' for the time being, Gilbert de Hestoker and others. \_No date.'] 1 " Place," — the proper word for a Bishop's residence in or near London. Burn's Eccl. Law., vol. 1., p. 218. * Perhaps Clay Farm, still in the parish of Bradford. By the Rev. Canon J. E. Jackson, 249 3. I John le Bruton of Hynton grant to Roger de Sokerwyke with Katherine my daughter in free marriage, all that Manse, land and tenement &c, in the village of Rowlegh, in tail. The said Roger and Katherine to pay a Rose at Midsummer. Witnesses, John de St. Lo, Roger de Clifton Ad(am) de Button, Kts., William de Green vyll, Robert Marumz{?) Roger de Sokerwyke, Henry de la Cleye, and others, (No date.) 4. The Lord Roger of Clifton Kt., confirms to Roger Hamund of Schocker- wyke and Catharine his wife the grant of the Virgate in Rowlegh made by Roger de St. Lo to Walter Bruton ; on condition that they answer for the 40th part of a Kt's fee whenever the King's service runs. He furthermore confirms the gifts, of pannage in his Wittenham wood for six swine and of the fuel at Xtmas, without hindrance. For which confirmation the said Roger and Catherine pay half a mark of silver. Witnesses John de Holte, John de Comerwell Kts., Matthew de Cotele, William de Hall de Bradeforde, John de Ashlee, Stephen de la Slade, David de Avenclive, Thomas de Ford, then Bailiff of Bradford, and others. 5. Roger Hamund of Schockerwyke and Catharine his wife, jointly grant to Thomas their lawful son, the land and tenements in Rowlegh aforesaid. To yield annually the Rent of the Rose aforesaid ; and to pay for this grant two Pairs of Gloves (duo paria cyrothecarum). Witnesses, John de Button, John de Holte, John de Comerwell Kts., John de Hanvylle. Will. 1 de Aula de Bradeford.' JohnBasset, Roger de Berleye, David Lovel, &c. Dat. at Schocker- wyke the day before the Feast of St Aldhelm. 30. Edw. I. (1302). 6. Thomas Hamund son of Roger of Shockerwicke, grants the aforesaid virgate and manse &c, to Robert Bavent of Ferneborwe, in consideration of 20 marks of silver received. Witnesses. John de Holte, Jno. de Comerwell Kts. Wm. Hall of Bradeford, John de Yford, John George, John de Porta de Bradford, and others. Dated at Rowlegh, Monday before the Feast of St. Luke the Evangelist. 32 Edw. I. (Oct. 1304.) 7. Roger son of Roger Hamund quit claims to Thomas his brother the said virgate and Manse, wh. the said Thomas held by gift from his Father Roger H. and Catherine his wife. Same witnesses. Dated at Schockerwicke, day before Feast of St. Barnabas the Apostle. 33 Edw. I. (June 1305.) 8. Robert Bavent of Ferneberwe quit claims to Thomas son of Roger Hamund the virgate and manse which he Robert held by grant from said Thomas. "Witnesses. Will"1. Hall of Bradeford, John Basset of Bradeford, John de Porta of the same, John de Asshelegh, John de Yford, Cleric, and many others. Dat. at Bradeforde. Sunday after the Feast of the Purification of the Virgin Mary. A0. R. R. Edw. fil. Reg. Hen. 33t0. (Feb. 1305.) ROWLEYGH. (Manor and Advowson.) 9. Know all men, that I William Souehe, knight, Lord of Tottenays and of Haryngworth am bound to Walter Hungerford, Knight, Lord of Hcytesbury and of Hornet in 250 marks sterling for merchandises bought of him in the staple at Westminster. To be paid to the said Walter or his attorney exhibiting this writing, his heirs or executors, at the Feast of the Annunciation of the B.Y, Mary next after the date of these presents. If I fail to do this, T agree that the penalty named in the statuto of tho staple aforesaid for recovery of debts 250 Rowley alias Wittenham. of this kind, shall be in force against me, my heirs and executors. Dated at the said Staple, 12 Feb., 5. Henry VI. (A.D. 1427.) This indenture made 12th Feb., 5 Henry. VI., between William Souche, K*. of the one part and Walter Hungerford, Kl. of the other part Witnesseth that although William [Souche] aforesaid is bound, as above written: Nevertheless the aforesaid Walter [Hungerford] grants by these presents that if William aforesaid and Alice his wife, within half a year following the day on which the said Alice shall reach the full age of 21 years, shall by a Fine to be levied in the King's Court acknowledge the manor of Rowleygh Co. Wilts, and the Advowson of the Church to belong to the said Walter ; or if, the said Alice dying before such Fine be levied, the said William or his heirs shall duly pay to Walter the 250 marks ; Then the bond to be of none effect : otherwise to remain in full force. In witness whereof, &c. Dated as above. 10. William Souche, Lord of Haryngworth conveys to Walter Ld. Hunger- ford, John Typtoft Lord Powys, Robert Hungerford Kt., Simon Sydenham, Dean of Sarum, John Juyn Kt., John Stourton Jr., Wm. Darell, Richd. Mulborne, W>, Wolstone, Rob. Longe, and John Carter, Clerk, and to the heirs of Walter, All his manor of Rowlegh with the advowson of ye church of Rowleygh. 12 Feb., 6 Hen. VI. (1428.) 11. Wm. Souche, Lord Haryngworth appoints John Twynyho and Roger Trewbody attornies to deliver possession. 12 Feb, 1428. 12. John Typtoft, Robert Hungerford, &c, quit claim to Walter Hungerford, Wm. Darrell, Robert Longe and their heirs, all rights which they ever had oon- jointly with ye said Walter, Darell, and Longe, in Rowlegh alias Witnam. Witnesses to this deed. John, [Kemp] by divine permission Archbishop of York, Chancellor of England : — William, [Alnewick] Bishop of Norwich, Keeper of the Privy Seal of our Lord the King: William Lord Botreaux, Humphrey Stafford, K1., Edmund Cheyne, John Fortescu, Richd. Bamfeld and others. Dated at Rowleygh alias Witnam, on the Feast of the Nativity of John the Baptist, 7 Hen. VI. (1429.) Enrolled on the back of the Close Roll of Chancery the month and year within written. 13. Final concord, at Westminster, a fortnight after St. Martin's Day, 8 Hen, VI., before Wm. Babyngton, John Martyn, John Juyn, James Strangeways and John Cottesmore Justices, and others, betn. Walter Hungerford Kt., Wm. Darell, Rob*. Longe, and John Twynyho Q/uer', And Wm. Souche, Kt., and Alice his wife, Deforcts for ye Manor of Rowlegh. For the Recognition, &c, Hungerford paid Souche 200 marks of Silver. 14. Walter Hungerford quit claims to Darell and Longe. Witnesses, Wm. Ld. Botreaux, Humphrey Stafford, Stephen Popham, Edw. Cheyne Kts. John Pawlet, John Beynton, John Fortescu, Rich. Bamfeld. Dated at Rowlegh alias Witnam, Christmas Eve, ["in vigilia Natalis Dni."] 8 Hen. VI. (1430.) [En- rolled, &c, as above.] 15. William Darell, Rob. Longe and John Twynyho have conveyed to Walter Hungerford, Lord Heytesbury and Hornet, Sir Philip Courtenay K*., John Baynton, John Pawlet de Nony [Nunney] Thomas Brown, and John Fortescu, the Manor of Rowlegh: for term of the life of the said Walter: after his death to the Heirs male of his body : Remainder to the Heirs of His body : By the Rev. Canon J. E. Jackson. 251 Remr. to the right heirs of the said Walter. Witnesses, the same as the last, with the addition of Walter Paunsfot, and Richd. Milburne. Dated at Rowlegh alias Witnam, Sunday before the feast of St. Hillary, 8 Hen. VI. (1430.) [En- rolled, &c, as before.] 16. Darell, Longe and Twynyho appoint attorneys, Walter Serjant and Wni. Burgh, to deliver to Walter Hungerford, Courtenay, Baynton, &c, possession of the Manor of Rowley, to have and to hold &c, as in ye last deed. Dated as above. 17. Walter Hungerford, Ld. Haytesbury &c, appoints his attorneys Thomas Ferrour, Clerk,* and Thomas Bedit, to receive from Darell, Longe and Twynyho possession of the Manor of Rowlegh alias Wittenham : also to receive from Thomas, Prior of the Church of St. Swythnay Winton, and the Convent there, full and peaceable possession of and in Two acres and one rood of land in 1 Rowley Felde' near Yvorde. And also from Thomas, Prior of the Carthusian House of God at Hinton, and from the convent there, possession of Two acres and a half of land lying in the field called Rowlegh Felde near Yvorde, by virtue of two deeds to that effect. Dat. the Feast of Ascension, 8 Hen. VI. (1430.) 18. John de Saint Maur, Esq., Son and Heir of John de St. Maur late Esquire, quit claims to Walter Hungerford Lord Haytesbury all his right in the Manor of Wytnam otherwise called the Manor of Rowlegh. Witnesses, John Stourton, John Baynton, Kts., John Pawlet, Robert Longe, RicbA Milborn, John Fortescu and others. Feb. 4., 13 Hen. VI. (1435.) 19. Boud. John St. Maur Esq. in 100 pounds sterling to Walter Hungerford, E^., to be paid at the Feast of St. Gregory, Pope, next ensuing. Dated 4 Feb. 1435. The condition : That if Walter Sandes, K*., and Margery his wife (mother of John St. Maur aforesaid) before the Feast of Holy Trinity next ensuing shall at the cost of W. Hungerford, by Fine levied, release and quit claim to him all their right in the Manor of Witnam alias Rowley and warrant the same against all the world, then the bond to be of none effect. Provided always, the Bond to be delivered up to said John St. Maur, to be cancelled. 20. Final concord at West™, one month after Easter, 13 Hen. VI., before Wm. Babyngton, John Martyn, John Juyn, James Strange ways, John Cottesmore and Wm. Paston, Justic', betn. Walter Hungerford, Courtenay, &c. Q,uer', and Walter Sandes and Margaret his wife for the Manor of Witnam, and advowson of the church of Witnam. For which, Walter Hungerford gave to Walter Sandes and Margaret 300 marks of silver." J. E. Jackson. *Ue was then Rector of Farley Hungerford. VOL. XIII. NO. XXXIX. T 252 IJecorte of % Rising in % West, JOHN PENRUDDOCK, HUGH GROVE, ET SOCII. (Continued from Page 188 J tOING the Western Circuit " in the seventeenth century, was an affair of labour, if not of adventure. Some of the Judges, and perhaps some of the leading counsel may have crawled in their coaches over the rough grass tracks, protected by a retinue of servants, or the sheriffs guard; some bolder spirits, such as Maynard, walked; but by far the larger number rode; three, four, or half-a-dozen together, well armed to guard their fees, and their throats, over the pleasant uplands of the West. Labour there was, though not professional, in the long rides from early morn till night; adventure too for the solitary, the unwary, or the laggard ; high- waymen and foot-pads plied their trade with varying success. The Lord Protector set his face against these marauders with his usual vigour. " Many robbers on Salisbury Plain are apprehended, and to be tryed for their lives; it would be wel if all robbers were served in the like kind." * Some kindred worthies were in Hampshire a month later, and broke into the house of a Mr. Ball, whilst he was away from home ; his wife unfortunately fell into their hands, and on her refusing to disclose the valuables of the place, they hung her with her garters ; and then made off, possibly being disturbed by the rescuers, who arrived just in time to save Mrs. Ball's gallant life. The thieves were all taken in London, recognized by their victim, and committed to Newgate.1 There is an entry in the Western Circuit Order Book of a later date, which also discloses the insecurity of one of the great western roads at that time. The county of Southampton, Winchester Castle, * Weekly Intelligencer, February 20th, 1655. K.P., Sm. Qto. No. 635. 1 Perfect Account, March 28th, 1655. K.P., Sm. Qto. No. 637. Records of the Rising in the West, A.D. 1655. 253 assizes held July 13th, 1670. (22 Car. II.) The order quotes a presentment by the Grand Jury of the County on the 14th of July in the preceeding year. " That Pophain's Bushes, or Hunt's Bushes on Popham's Beacon, were a har- bour for Robbers, and that the said Bushes were near to the great highway leading out of the West towards London. That Mr. Hunt the proprietor should be advised, by the Constable of Micheldever, to cut them ; and in default of his doing so, he was ordered to attend the next assizes, and answer why he had not." But to return, somehow or other, by the 18th of April, 1655, all the Commissioners arrived at Exeter, except Mr. Justice Wyndham ; who perhaps thought that his labours at Salisbury entitled him to repose. He apparently never was there at all, and did not rejoin the circuit till Chard.1 The sedulous Mr. Nutley had preceded the Judges, and gives the following account of his doings to Mr. Secretary Thurloe : — 2 " Maie it please you, Sir, I came from Sarum to Exceter this morning, the Judges intending to bee here tomorrow. Since my comeing hither, I have spoken with the high sheriffe of this county, whome I finde very active in this service. Hee told mee, that on fryday night last, (April 13th) after Penruddock came into the prison, the prisoners had agreed together to make an escape, and to breake through the guards that night ; but hee by the tymely intelligence given to him, doubled the guards, and prevented that designe. I have spoken with sev- erell persons since I came to towne, who are fit to be used as witnesses, and doe believe the evidence will be cleare against them here. I suppose Mr. Serjeant Glynne will give the charge here, and manadge the bussinesse in the Court, which may very much advantage the service. It might have been manadged better at Salisbury. Mr. Attorney-General intends to lodge here at one Mr. Snowe's house, an Alderman of this city.* I lodge at one Mr. Westlake's house, the towne Clerke of Exceter, who tooke diverse Examinations of the prisoners and witnesses, and is very useful in the service. If Harrison or Turner come hither, I shall be carefull to observe their action, and to give your honour speedy notice of it. The high Sheriffe also tells mee, that one Bennet a prisoner told him, that Penruddocke and the rest of the prisoners had agreed together to stand 1 Attorney -General's Letter, 3 Th., 398. In a former one he mentioned Mr. Justice Wyndham as purposing to rejoin them at Exeter ; in this he says nothing of his presence there, though ho speaks of that of the other Judges, u Mr. Justice Wyndham is expected to meet us at Chard." 2 Ibid, 381. •Scarcely the M.P. for Exeter in the Long rarlianicnt ; Mr. Nutley would inentiou it. t2 &54 Records of the Rising in the West, A.I). 1655. mute, and not to acknowledge the jurisdiction. Sir, the post hastens, which makes meo thus hastily scribble. Begging your honour's pardon, I humbly rest, Your honor's most humble The High Sheriff for Devon that year was Sir John Copplestone, a zealous friend to the Protector. He supported the dignity of his great and wealthy county with ample generosity ; and as Dove, High Sheriff of Wiltshire appeared with his retainers at Exeter, we have it recorded, that the liveries of " the men of Devon " were the smartest, as of course they should have been.1 Moreover he entertained the Judges and His Highnesses counsel "very gallantly.""2 He appears also to have spared no expense in fitting up a Court in the Castle, which was used then for the first time ; before its existence the Circuit Order Book speaks of the assizes as having been held " att the Gaole Garden."" There is in Jenkin^s History of Exeter a plan of the city, as it was somewhat before those days, drawn, " so he says/"' from Leland's description of it. In this the gaol is placed a short distance to the right of the street leading from the High Street to the Castle, (Castle Street) and close under the exterior walls of the rampart. Some court-house there was no doubt, in the garden adjoining this gaol, which had been used till that occasion. The entry in the Circuit Book is as follows : — " Devon. Att the Commission of Oyer and Terminer and general gaole delivery of the county aforesaid holden for the county aforesaid att the Castle of Exeter in the same county the Eighteenth day of April, 1655. Before John Lisle one of the Commissioners of the Great Seale of England, and Henry Rolle Cheife Justice assigned to hold pleas before the said Lord Protector in the Upper Bench, Westminster, Robert Nicholas one of ye Barrons of ye publique Exohequer, John Glynne, ye serjeant to ye said Lord Protector, and Wm. Steele, Serjeant at Lawe and Recorder of ye City of London. Ffor the halle in Exeter Castle. Whereas it appeareth to this Court That the High Sheriffe of this County hath disbursed a great some of money amountinge to the some of or upwards for to prepare a halle in the Castle of Exceter fittinge for the assizes and Quarter Sessions to be kept. This Court doth there- fore desire, the Justices of ye peace of this County, att their next Quarter Sessions, to take some speedy course for the repayment of such monies, as the high sheriffe hath disbursed as aforesaid, by the Inhabitants of the whole County, or by such other meanes as they shall think fittinge." Exceter, April*16, 1655. and obedient servant, James Nutlet. Perfect Proceedings, May 3rd, 1655. 2 Ibid. By W. IF. Ravenhill, Esq. 255 Two other orders follow, one of which relates to the prosecution of one William Costine, accused of the manslaughter of his wife, the other to a dispute between the parishes of Upton Pyne and St. Giles's near Torrington, Devon, as to the settlement of a poor impotent man, J ohn ffurseman. Neither have anything to do with the Rising in the West. It is well to observe the names above once again, Holle and Nicholas both present, and Windham absent ; and the entry may be relied on, for I find on reference to other entries, that only the J udges present in court were placed in the heading. For instance suppose two Judg-es were on circuit, only the one presiding in the Crown Court would be mentioned. Here there was only one Court, and that a Crown Court ; and all five Judges are named and therefore present. I have not been able to find any plan or view of High Sheriff Copplestone's Court. No doubt it was a great improvement, which Chief Justice Rolle and other Western Circuit Judges would be sure to compliment him upon. But it does seem rather hard, to call on the ratepayers to pay for a work they never authorized ; carried out whether lavishly or otherwise they probably knew not; by a nominee of the Government, over whom they had no control.1 The Court then sat in great state on the 18th, and Mr. Serjeant Glynn delivered his charge to the Grand Jury.2 We shall obtain some insight into the character of that address from the following letter : — 4 1 Mr. James Nutley to Mr. Secretary Thurloe* In obedience to your command, I humbly certify your honor, that the Grand jury here, although they first made diverse scruples upon the bills of high treason, the chiefest whereof was concerning the Statute laws, against which the offence is alledged to bee committed, what those statutes were, and then how they could be meant of his highnesse the lord protector ; and they having the old Statute of 25 Ed. III. and the late ordinance ; and it being given in charge by Mr. Sergeant Glynne very learnedly and fully, that by the Statute of 25 Edw. III. and the common law, the levying warre against the chief officer of the commonwealth (lett the name be whatsoever) was high treason, and by the word king in that statute must be meant the Chief officer (and the beareing of that office) the Major part of the Grand Jury were quicklie satisfied. I was The present Courts at Exeter are a separate building of much later date. * 3 Th„ 898. 256 Records of the Rising in the West, A.I). 1655. with them all the tyme to manadge the evidence, and untill they privately de- bated the matter amongst themselves. Divers of the honest ineu amongst them privately blamed to mee the peevishnesse of theire fellowes, in making doubts where there was noe cause, and particularly of theire foreman, whose name is Cerriugton Savory ; and truly 1 found him at first somewhat wilful, as hee was scrupulous ; but hee was overpowered by the rest. They have found true bills against all those prisoners named in the list, which Mr. Attorney hath now sent to your honor, &c, &c. Exon. April 21st, 1655. With regard to the Juries that the same caution was taken here as at Salisbury, and perhaps even more, we may feel certain from General Disbrowe's promise to Thurloe " to take what care he could with the Sheriffe of Devon " on the subject/ and also from a letter of the Attorney- General's, April 21st, 1655 : — " The Jurors we finde very well affected and willing to dispatche (!) the Cava- liers; and the difference amongst them, is to agree most speedilie."* Amongst the Thurloe State Papers is the following remarkable composition, which is headed with the same date, and contains the instructions to the prisoners for their defence, evidently prepared by somebody well acquainted with the law. It has been already observed that no counsel could, in those days appear for a prisoner unless there were points of law to be argued ; so prisoners were compelled to use such instruments, to do battle for their innocence. Several years after this some most fatal and flagrant miscarriages of J ustice occurred, owing to the absence of proper cross-examination in behalf of prisoners. But not even then was there a change ; and Jeffreys still later, sacrificed his hundreds without brow-beating counsel. At length, midst the purer and freer light that " Dutch William" permitted in England, his political opponents, the Jacobites, to save their own necks, carried an act which allowed those accused of treason to retain counsel, for facts as well as law. " The Prisoners' Plea for themselves at Exeter, April 18th, 1655.f 1. We must enquire by friends of the jurors' names, and challenge any, whom wc conceive engaged against us, and challenge them particularly, and give them no reason, for the law alloweth us to challenge 35 without shewing reason ; but we must not challenge above 35 lest judgment pass against us as mutes, refusing legal trial, and so be pressed. 1 See letter from Taunton, March 28th, 1655, given at p. 142, sup. • 3 Th., 398. +3 Th., 391. By W. W. Ravenhitt, Esq. 257 2. Besides the 35 challenged without cause shewn, we may challenge any against whom we can shew oause ; but the judge will declare whether it be a sufficient cause or no. 3. If any man hath named to the sheriff any one of the jurors remaining (by any saving his sworn officers, whose duty it is) and if two can prove it, the in- dictment and proceedings may be avoided by statute 11, Hen. IV., cap 9.* 4. Wa must not immediately upon the reading of the indictment plead Not Guilty, for then we can have no councill allowed, nor be admitted afterwards to plead the illegality of the indictmsnt ; but so soon as we have heard the in- dictment read, we may say, we conceive the indictment not sufficient in law, and that therefore we desire councill to speak for us at law, and this before we say Not Guilty. 5. If the judge ask us, why the indictment is insufficient, seeming to deny us councill we must say, it is neither grounded on the common law, nor statute, and the judges are sworn to execute only the laws. 6. If the indictment (as it will) do call the jury, jurors for the lord protector, then again let us alledge, that we are not legally indicted, for there are no such persons by the law of England ; for neither the common law, nor acts of par- liament do know or acknowledge any jurors for the lord protector.f 7. If any alteration be made in the indictment by the judges, then desire, that the evidence to the grand inquest may be given at the bar in open court. 8. If one of the grand inquest stands outlawed, it makes void the indictment; and if we know any such, we may challenge them, and demand the indictment to be vacated by virtue of a statute, 11 Hen. IV., cap. 9, and if the judges bid us prove them to be outlawed, we may demand time, and we will bring it under seal. 9. We may desire a copy of the indictment, though the judges positively deny it and urge my lord Coke for authority. J 10. If we can find any incertainty in the indictment, either in time or place, let us alledge it against the sufficiency of the said indictment. 11. If the indictment express not particularly some open deed we did in levying war, except against it as insufficient, and still insist upon the assignment of councill to argue the whole, because it is a scruple in law worthy of great debate. 12. If the judges deny us councill tell them, others usually have had it and * The first three and the 6th and 8th refer to the jury. The Statute 11 Hen. IV. is correctly given- standing mute as of malice, in times prior to the Act 7 & 8 Geo. 4., c. 28 s. 2, brought forfeiture of goods, and " peine forte et dure ; " that statute however permits a Judge to order a plea of " not guilty " to be entered under such circumstances. The judgment, peine fort et dure, was as follows : " That the man or woman shall return to the place from whence he or she came, and there shall be laid in some low and dark room, where he or she shall lie naked on the bare earth, without any litter, rushes, or other clothing (save a small covering), and that he or she shall lie upon his or her back, their heads and feet uncovered, and one arme shall be drawn to one quarter of the house with a cord, and the other arme to another quarter, and in the same manner shall be done with his or her legs ; and there shall be laid upon his or her body iron and stone ; so much as he or she may bear and more ; and the next day following he or she shall have three morsels of Barley Bread without any drink, and the second day he or she shall drink thrice of the water, that is next to the house of the prison, (except running water), without any bread, and this shall be his or her dyet until he or she shall be dead."— From the office of Clerk Assize, published in London, 1(>94. + 5 and 6 challenge the Protector's Government, and the authority of the court, and are founded on the argument that the Protector is not within the Statute of Treason. See p. 170, sup. i Lord Coke's authority did not prevent the necessity of a statute to remedy this grave defect in our procedure for treason. • 258 Be cords of the Rising in the West, A.D. 1655. particularly Mr. Norbury was council for col. Lilburn, and the now judges Nicholas and serjeant Maynard were council for capt. Rolph, when he was ac- cused for treason against the king.* 13. If the judges require it, give the exceptions in writing, but expunge what makes against us, if seen, and still obtain council and urge Humphrey Stafford's cause in the 1st of Hen. VII. for precedent. 14. If after arguing the case by council, or before, the judge overrule the plea, then insist upon the same plea to the jury, and put it upon their con- sciences, that God hath made them our judges, to judge between us and the judges ; and that if we be found guilty, by the jury our blood will lie upon the jury, and the judges be acquitted; but if the jurors find us not guilty, the jurors are innocent, if we die. 15. If the jury seems fearful to clear us absolutely tell them the judges have overruled them1; that it is the safest for the jury to find a special verdict, which leaves the point in law to all the judges, whether or no it is treason, whereby also the jurors will leave all the danger that can follow, and all the bloodshed on the judges. 16. Tell the jury that they are now to judge whether or no we have committed treason ; and if they judge that to be treason, which is no treason, our blood will be upon them ; and there can be no treason, nor ever was in England, but such as is made so by the common law, or act of parliament. 17. Let every prisoner allow of one juror whom another person hath challenged, and challenge him, whom another prisoner hath allowed, whereby every one of us shall have almost a distinct jury for himself, which juries possibly will differ in their opinions, at least it will puzzle the prosecutors to get so many several juries ; therefore let every prisoner have pen and ink ready to note the names of the several jurors for several persons, who for one, and who for another. f 18. They cannot indict and try us all in one day, as it is in Kelloway, fol. 159, 6, which the lord chief justice Rolle declared to be law in the case of the Portugal ambassador's brother. J 19. If they indict us for felony, we may say it is no felony, except it be done with a felonious intent ; and the country knows, we did not intend to steale, but only to borrow the horses which is usual now-a-days, and as the soldiers did now at London and elsewhere, who came against them ; and the sheriff of the county was present, when divers horses were seized, and did himself seize some, which were none of ours. 20. Also ask the prosecutor upon the trial, whether he can take his oath, that we took the horses with a felonious intent ; and if he will not swear it, then ask the jury, whether they can take it upon their oaths we stole the horses, where the prosecutor himself will not swear it.§ * Of Col. Lilburn' s trial there is but a note of what happened at the first sitting. Though counsel were assigned, Mr. Norbury and Serjeant Maynard, neither of them appeared in Court. — 5 Howell's St. Trials, 407. Of Rolph's trial for a plot against King Charles the First's life at Carisbrook, there is only, as far T am aware, the notice in Clarendon, who expressly says that though he had " two councill" assigned to him, it was contrary to the law and custom of those cases.— XI. Clarendon, 198. + Ingenious, very. X The case of Don Pantaleone Sa. — 5 Howell's St. Trials, 461. \ No doubt there must be a felonious intent to constitute a felony ; and of this the jury are the judges. If Colonel Penruddock had been indicted for a felony or stealing of the horses taken from Salisbury, he would have been most probably acquitted. By W. W. Ravenhill, Esq. 259 21. Ask the prosecutor, whether he came voluntarily to prosecute against us, and if he did not, but was forced, then desire the jury to judge whether they that are come hither from London purposely, have not an intention to take away our lives. 22„ Tf they indict us as traitors by any act of the long parliament, it will be for treason against the king, or against the commonwealth, and keepers of the liberty ; we have done nothing against either of them, and let them prove it. 23. If they ground the indictment on any act or ordinance since the long parliament was dissolved, which was April 20th, 1653, deny it to be an act ; for the two last parliaments made no acts at all concerning treason, and there can be no treason by an ordinance.* Therefore leave it upon the conscience of the jury whether there be any laws to guide them in their verdict, besides common law and acts of parliament. 24. Tell the jury, that if the king had formerly with his council made a pro- clamation, order, or ordinance, declaring something to be treason, which neither the common law nor any act of parliament had so declared, that no jury hereupon durst have found any man guilty. 25. Alledge the case of Chief Just. Tressilian sir Robert Belknappy, and other judges in 11. Richard 2, who gave their opinions, that other facts were treason than what had been declared by authority of parliament, and did it to please the then present governor, were attainted of treason for their opinions and by the parliament following 11. Rich, were made examples for their treason. And in the 21 Rich. II. the judges giving the like opinion, had no other excuse to avoid the attainder of treason in parliament 1 Hen. IV., than that they durst say no otherwise for fear of death ; but it was hereupon enacted, that no justice or other person whatever shall from thenceforth be admitted to say, that they durst not for fear of death speak the truth; so that no force nor fear can exouse any person, if he shall now declare any fact to be treason, which cannot be warranted by authority of parliament. Therefore leave it upon the conscience of the jury, whether they do believe we are indicted for any breach of any common law, or act of parliament ; and if for neither, whether they can in conscience take our blood upon their heads. f 264 If the judge pretend, that we alledge not matter of law sufficient for assignment of council then urge, that the ordinance, whereupon the indictment is grounded, is not pursued ; that at the time of the indictment there were not two lawful accusers or witnesses to the grand jury, which ought to be by the * This is so; it must be by a statute duly passed. + The Government by framing the Iudictment on the Statute of Edward III. avoided the objections raised by pleas 22—25 inclusive. This case of Tressilian and his fellows is given in How. St. Trials, vol. i., p. 90. The story of his being recognized, though in disguise, whilst looking out of a window at Westminster, prior to his capture, reminds us of that of Jefferys, who certainly was not an innocent victim of circumstances, whatever Tressilian may have been. Certainly the latter would have agreed with the author of " Jacobite Principles vindicated," when he said " Would you have trials secured? It is the interest of all parties care should be taken about them, or all parties will suffer in their turn."— 10 Somers Tracts, 526. t No doubt there were plenty of witnesses to satisfy the Statute of Edward VI., which requires two, see plea 29; the other matter mentioned in this plea was of no moment in flu1 .case of the* principal prisoners at any rate. VOL. XIII. NO. XXXIX. u 260 Records of the Rising in the West, A.D. 1655. law. Or a prisoner may alledge he is not rightly named in the indietment, or hath not his right title or addition, or the fact is not set down with sufficient certainty, and by some or all these we may get council assigned. 27. If the indictment be for levying war, alledge, that there is no such open deed set down as is sufficient in law, and in such case, desire council to argue it, and endeavour to make our bearing of arms only a riot or unlawful assembly, and not a levying of war ; for every bearing of arms in a warlike manner is not by the law a levying of war, as was adjudged in the earl of Northumberland's case, 5 Hen. IV.* 28. If we could say we met together upon some private revenge against the sheriff, or some private 'man, and not for the destruction or reformation of any law of the land, or to oppose any lawful authority, then unless two witnesses shall swear that we did declare some other end, the case must be resolved in law, whether it be a levying war ; yet this point must not be insisted upon until the grand point in law be overruled by the court, viz., that the indictment is sufficient in law, notwithstanding it is not grounded upon the common law or any act of parliament ; for we ought to lose ground by inches. 29. If they proceed upon the indictment to give evidence against us, insisting upon it, that the matter of fact be proved by two sufficient lawful witnesses ; then let their witnesses depose openly in court face to face, for the law exacts two lawful witnesses in case of treason by statute 1 Edw. YL, and 5 Edw.'YI., cap. 11, and 1 & 2 Ph. & Mar., cap. 11. Let the witnesses be strictly examined, and put to swear punctually to the fact, &c, charged in the indictment as the open deed, declaring and levying of war ; and that both witnesses swear to the same faot, and at the same time and place, else they are but single testimonies to two facts of the same nature. 30. Insist upon it to make them prove the act or ordinance is a true copy of the parliament roll, and examine them upon oath, whether they examined it by that roll ; (for 'tis possible they may have forgot to do it,) alledging that we are not to be tried by every private or printed paper, and demand it may not be read or given in evidence, 'till it be proved. f 31. If they offer to prove by any intercepted letters, whereof they have copies,, that we levied war, then deny those copies, and demand the originals, and if the originals could (which cannot) be produced, they can never prove them to be any of our hands, if we put them to it. 32. If the Commissioners that try us be serjeant Glynne or recorder Steele, or any other, who are not the ordinary judges at Westminster, tell the jury, that these are not the sworn judges of the law,but practitioners and pleaders, servants to the Lord Protector and are made judges only for this purpose, to take our lives contrary to law, because the sworn judges refused it. If baron Thorpe comes he is a sworn judge. J * See Penruddock's trial infra, as also for the objections to plea 28. + We may trust the Attorney-General and his coadjutors to have secured the prosecution against this plea and the next. As far as we know, no intercepted letters were produced. tThe Protector being (so the Judges decided) the supreme head of justice, had power to commis- sion the two serjeants. It is and has been the practice to place in the commission others besides the Justices of Assize, for instance, Serjeants and Queen's counsell who preside in additional courts, or in the absence of the Judges. By W. IF. Ravenhitt, Esq. 261 33. If the judges say, that the Lord Protector is invested with the same power that the late governors, whether king or parliament, were invested with, tell the jury boldly, that the laws of England cannot be altered but by act of parliament) and therefore there was an act of parliament to change the government from the king' to the keepers of the liberties, anno 1649 ; but there is no act of par- liament since to change the keepers of the liberties into a Lord Protector, so that there can be no treason to bear arms against the Lord Protector.* 34. Tell the jury, that it is now our case, and they know not how soon it may be their own, for many were zealous for the present government, as the jury now can be, who have already felt, and others like to feel, the effect of their new or- dinances : how safe and honorable it is for them to stick to the law, rather than take our blood upon them ; and instance in John Lilburn's several juries ; and if not to acquit us yet to acquit themselves by finding a special verdict which leaves lis to law, and lays the guilt of our blood upon the judges ; and especially how dangerous it is for the jury to prove, by shedding our blood, that the Lord Pro- tector hath a legislative power, and that his ordinances are laws, when the late representatives of the whole people in parliament refused to acknowledge them. 35. If indicted for treason upon the 25 Edw. III. for levying war against the king, demand the statute to be read, beg the jury to observe when it is read, and then remember how all kingly government and authority was abolished by the act 1649 of the long parliament ; and the Protector himself in several speeches declared, he was not, nor would be king. If they bid us shew the speeches where he saith so, it is in the late speech, Jan. 22, 1654, p. 24, and in his declaration on April, 1653, where he saith, he desired the long parliament to prevent mon- archy."! The original of the above, together with the other papers known as the Thurloe Collection, are in the Bodleian Library at Oxford. The handwriting, if I may venture to surmise, that of some counsel learned in the law, and not John Penruddock. But before they relied on the above, they probably petitioned their judges for counsel, as the following MS. in the handwriting of Mrs. Arundel Penruddock suggests to us : — 1 " To the Right Honble. the Commissioners of Oyer and Terminer, and Goale Delivery, for the Countyes of Wilts, Dorset, Sommerset, and Devon. And the County and City of Exeter. The humble Petition of all those unfortunate Prisoners now in the goale of Exeter whose names are hereunto Annexed. Humbly Sheweth That your Petitioners upon the surrendinge of themselves at South Molton in *The court having decided that the Protector was within the Statute Ed. III. could not permit this plea to be argued, for it went to the whole question of the legality of the Protector's authority. tNo extract of a reasonable length will convey this dogma, of the single person and (lie par- liament, as contained in this famous speech. It is given in Carlylc's Cromwell. 1 Coinpton MSS, U % 262 Records of the Rising in the West, A.D. 1655. Devon, Had theyre Lives and Estates assured them by articles and conditions then and there signed and delivered. May it therefore Please your Honrs. that since they have such articles and conditions granted them, that they may insist upon them, and that your petitioners being Poore Disconsolate Prisoners whom none dare Assist. Your Hon", would be pleased since theyre Lives and fortunes wholly depend thereon, to Assigne them counsell Learned in the law to plead theyr Articles, that soe your Petioners being Ignorant of the Lawes may not cast away theyr lives by neglect of such meanes the Law in such cases does Afford them. And your Petitioners Shall ever pray, &c." The following most interesting* record follows, and is now printed in its original state for the first time, the interpolations or corrections of the "gentleman to whom it was entrusted/'' being placed in notes. It is written by Penruddock himself on two large sheets of white paper, and occupies five pages, the sixth is taken up with the notes. The writing is small, but usually clear and written with care.1 " Sr.* though I received yor, desires something to late it being but two days before notice given mee From the Shreife of the day of my Expiration (For T cannot call this an execution) it beinge For such a cause yeat in order to yor satisfaction I have borrowed soe much time From my more serious meditations as to give you this short aocount of my tryall wherein you must excusef both the brevitie & imperfections it being but the issues of a Bad memory. Upon Thursday Aprill 19° 1655 the Commission1-8 of Oyer & Termyner beinge sate in the castle at Exon, summons before them myselfe, Mr. Hugh Grove, Mr. Richard Ryves, Mr. Robert Duke, Mr. George Duke, Mr. Thomas Fitz-James, Mr. \ Mr. Francis Jones, Mr. Edward Davis, Mr. Thomas Poulton & Mr. Francis Bennet. Being all called to the Barr, wee were commanded to hold up 1 The trial as given in Howell's State Trials is apparently copied from the pamphlet entitled " The Triall of the Hon. Col. John Penruddock, of Compton, in Wiltshire, and his speech which he delivered the day 'before he was beheaded in the Castle of Exon, being the 16th day of May, 1655, to a gent, whom he desired to publish them after his death. Together with his prayer upon the scaffold, and the last letter he received from his vertuous Lady, with his answer to the same. Also the speech of that piously resolved gentleman, Hugh Grove, of Chissenbury, in the parish of Enford, and County of Wilts, Esquire, beheaded there the same day. Printed by order of the Gent, intrusted, 1655." Date written upon it by Mr. Thomason, July 2nd. This was afterwards used in the compilation of " England's Black Tribunal," which has passed through many additions and editions, sometimes calling it "the Trial and illegal pro- ceedings," sometimes " Illegal proceedings" only. The pamphlet will be found in the King's Pamplets, Sm. Q,to., vol. 652. • " The account " does not disclose his name; nor have I as yet discovered it. + Here an erasure of a word, clearly " brevitie." X A name erased and quite indecipherable. By W. W. Ravenhill, Esq. 263 our hands, & an Indictment of High Treason was Read ag9t. us: & being Asked whether wee would plead Guiltie or Not Guiltie to the Indictment, in the be- halfe of myselfe & the rest of the gentlemen therein charged I spake as Followeth : My Lords, though my education hath bin such, as not to give mee those ad- vantages wch. the knowledg of the Lawes would have assisted mee wth., For the defendinge myselfe ; yeat upon the hearinge this very Indictment, my Reason tells mee that it is illegal and therefore I doe demand counsell that may dis- pute the Illegalitie thereof. Judg* Glyn — S1'., you desire that wch. cannot be granted you therefore give yor. answer, whether you are guiltie or Not Guiltie of the Treason of wch. you stand charged. Penruddocke — Sr., by yor. Favour, it is that wch. has bin granted to my in- ferior, videlicet : to Mr. Lilborn & To one Rolfe a shoemaker, I have as great a right to the lawes as any person that sets here as my Judge, I doe therefore challenge it as my Right. Judg Nicholas, whome I there see will tell you he himselfe was of counsell For this Rolfe & it is a hard case if a Free-born gentleman of England cannot have the same preveledge that his inferiors. have had before him.f Mr. Attorney — Sr. there is a great difference between treason Acting & acted the later is yor. case|, therefore flatter not yorselfe & doe not thinke yor. beinge mute shall save yor. estate in case of Treason ; For if you plead not to the In- dictment, sentence wil be pronounced agst. you, as if you had bin found guiltie of the Fact you are charged. § Penruddocke — Sr. I observe yor. distinction : But all the Logic you have, shall not make mee or any rationall [] man acknowledge, that this was either acting or acted, before it be proved. Srs. it is but a bare suspition, & I hope you will not condemne mee before I am convicted. I say the Indictment is illegall, & I doe demand counsell. Mr. Attorney — Sr., the Court must not be dally ed wth. all : I doe peramtorely demand of you, are you Guiltie or not Guiltie, yeat if you plead, — you may have Favour ; otherwise wee shall proceed to sentence. Penruddock — Sr. put case I should plead, shall I then have counsell allowed mee. Mr. Attorney — Sr., the Court makes noe Bargaines refer yorself to us For that — hereupon my fellow-prisoners persuaded me to plead Not Guiltie wch. beinge done, I demanded councell as being partly promised it, Mr. Attorney told mee I could have none. Then I replied Sr. Durus est Hie sermo, it is noe more than I expected From you; but rather than I will be taken off unheard, I will make my owne defence as well as I can. * This has always heen given as Sergeant, and the difference of expression is important, t These cases have heen already mentioned. See note to the 12th of the prisoneis' pleas. t It is no mere conspiring to levy war, and therefore argueable ; but an acted levying. You ap- peared in arms, declared King Charles, carried off the High Sheriff, the Protector's representative for Wilts. }Mr. Nutley's letter, p. 253, sup. tells us that escape was contemplated by Penruddock, and also that he intended to stand mute ; therefore the Attorney-General pressed for a reply. As to the pro- ceeding where a prisoner stands mute of malice on his arraignment, see Arehbold's Crim, Pleading, 15th ed., p. 130, and R. v. Israel, 2, cc. 263. || Word erased. 201 Records of the Rising in the West, A.JD. 1655. The Juro™. being then called, I challenged about 24 of the 35 T might have challenged. The rest of the gentlemen were sent From the Barr, I was left alone upon my Try all, and the Juro18 were so Packt, that had I known them the issue had been the same that it was. The Jurors being sworn, & the Indictment again read, Mr. Attorney demanded what Exception I could make to it. Penruddock— S1., I except agst every part thereof; for I take it totbe illegall in toto compo&ito. Mr. Recorder Steel — 8r., it is not usuall, For any Court to admit of generall Exceptions, therefore wee expect that you should make it to some particular.* Penruddocke\ — Sr., if my generall Exception might have bn. admitted, it would have told you, that there can be noe High Treason in this Nation, but it must be grounded either upon the Common Law or the Statute. But this is neither grounded upon the Common law, or the Statute, ergo noe treason : % Judge Glyn — Sr., you are peramtory, you strike at the government ; you will Fare noe whitt the better For this, speak as to any particular exception you have to the Indictment. Penruddock — Sr. if I speak any thing wch. grates upon the present government I may confidently expect yor. pardon ; my life is as deare to me, as the § govern- ment can be to any of you. The holy Profet David, when he was in danger of his life, Feigned himself madd & the spittle hung upon his beard ; You may therefore easyly excuse my imperfections & since I am now Forced to give you my particular Exception, more plainly, to the Indictment I am boul'd to tell you that I observe that the words of the later part of it tell mee that I am guiltie of High Treason, by virtue of a statute in that case made & provided : if there be any such statute, pray let it be read ; I know none such.|| Mr. Attorney — Sir, you have not behaved yorself soe as to have such a Favour from the Court. Penruddock — Sr., I require it not as a favour, but as my right. Mr. Attorney — Sr., you cannot have it. Penruddock — Sr., if I cannot have it, these gentlemen that are the Jurors * The Recorder appears to be right. , + Interpolation— " Sir, I desire a copy of my Indictment and time until tomorrow to make my defence. Att. Gen. — Sir, you cannot have it.jthe Court expects you should do it now. Penruddock— Then If I cannot have time—" t Interpolation — " Against a Protector, who hath no power according to the law, neither is there any such thing in law as a Protector, for all treasons and such pleas are propria causa regis." \ The word " present" erased here. I] Interpolation— " My actions were for the king; and I well remember what Bracton saith, (5 Tract de Delatis cap.,) ' Rex non habet superiorum nisi Deum ; satis habet ad poenam, quod Deum expectat ultorem,' and in |another place he saith, (Bract. Rem. H, 3, cap. 3, sec. 24) fRex habet potestatem et jurisdictionem super omnes qui in reguo suo sunt : Ea quse sunt jurisdictionis et pacis ad nullum pertinent, nisi ad regiam dignitatem ; habet etiam coercionem, ut delinquetes puniat et coerceat,', Again he saith, ' Omnes sub rege, et ipso nullo nisi tantum Deo ; non est inferior sibi 6ubjectis ; non parem habet in regno suo.' This shews us where the true power is : You shall find also, That whoever shall refuse to aid the king when war is levied against him, or against any that keep the king from his just rights, offends the law, and is thereby guilty of treason (Pari. Rol. num. 7). Again, All men that adhere to the king in personal service, are freed from treason by law : (Rex et consuetudo Parliament , 1 1 Hen. VII., cap. 1.) And yet you tell me of a statute, which makes my adhering to my king according to law, to be High Treason : Pray let it be read." By W. IV. Ravenhill, Esq. 265 have not offended you, theyr verdict reaches to theyre soules as well as my life ; pray let not them goe Blindfold, but let this statute be theyre guide. Mr. Attorney — Sr. the Jury ought to rest satisfyed wth. what has bin allready said, and soe ought you too. Penruddock — Sr., I thank you ; you now tell me what I must trust to.* Mr. Attorney then made a large speech in the Face of the Court, wherein he aggravated the offence wth. divers circumstances ; as saying, I had bin Four years in France, & held a correspondency wth. the king my master, of whom I had learned the Popish Religion : That I endeavoured to bring in a debauched, lewd young man, and to engage this Nation in another bloady Warr, and that if I had not bin timely prevented, I had destroyed them (meaninge the Jurors), and theyre whole Families. I interrupted him, & said Mr. Attorney, you have been hearetofore of counsell for mee ; you then made my case better than indeed it was ; I see you have the faculty to make f it worse to. Mr. Attorney — Sr., you interrupt mee, you sd. but now you were a gentleman. Penruddock — Sr., I have bin thought worthy hearetofore to sit at ye bench, though I am now at the Barr. Mr. Attorney then proceeded in his speech & then called the witnesses. Penruddock — Sr. you have now put mee in a Beres Scynn, & now you will beate me wth a witness, but I see the Face of a gentleman heere in the Court, I meane Captaine Crooke, whose conscience can tell him ; that I had Articles From him which ought to have kept mee from hence, Captaine Crooke heereupon stood up, and his guiltie conscience, 1 suppose, advised him to sett downe againe, after he had made this speech, that is to say, he opend. his Lipps & spake nothinge. The severall witnesses now come in, Mr. Dove the sherife of Wiltshire & others ; my charetie forbids mee to tell you what many of them swore : I shall therefore omit J and only tell you that one of our own party (& indeed I thinke an honest man) being Forced gave his evidence^ I said, My lords, it is a hard case that when you finde you cannot otherwise cleave mee to pieces, that you must look after wedges made of my owne timber. || I urged divers cases to make the business but a Riot,as my IAof Northumberland's^ pre- * It was a pity the Attorney-General permitted himself to have this war of words ; which must have somewhat turned the jury against the prosecution. However Penruddock might have himself read the Statute of Ed. III. to the jury aud argued upon it, at some time or other during his trial ; but it would have come with a happier grace from the Attorney-General at this point. We must for ever bear in mind that we are reading only one side of the story. Peniuddock never read the Statute, though he must have had access to seveial books which contained it. + Interpolation — " men believe falsehoods to be truth too — " $ The word following "omit" had been itself omitted, on correction a hieroglyphic (probably an abbreviation of " that") is inserted between the lines. \ Something is written above which looks to me like "thereupon" || Interpolation— " The virtuous ciier of Blandford being asked what were the woi'ds I used in the proclaiming king Charles at the market? he said, I declared tor Charles the second and settling the true protestant religion : for the liberty of the subject, and privilege of parliaments. Then I said to the Attorney-General and the whole Court, you said even now, that I had learned of the king my master, | the popish religion, and endeavoured to bring him in ; and that it was the true protestant and not the popish religion his majesty is of and intends to settle." IT In 1403, Henry Percy, son of the Earl of Northumberland rose against King Henry IV. Hit father the Earl collected a largo body of troops and marched foith, as some said to join his son, as others to join the King and bring about a reconciliation. Whilst on his way he was stopped by the 266 Records of the Rising in the West, A.D. 1655. tending what wee did was to take of taxes For the honor of Parlym*. &c, that the power was not declared to be where et is,* I required the judges to be of counsel For me, & told them it was their dutie.f My Lord Lysle answred me, that I should have no wrong. J Penruddock, Sr. if I had seene a crowne upon the head of any pson., I had known what had been treason : The law of England would have taken hold of mee, out of the respect it has to Monarchy ; There was noe such land-mark before me, therefore I conceive I cannot be guiltie of what I am charged, & My lords and Mr. Attorney you here indict me for a treason committed at South Moulton in Devonshire, & yeat, you sweare witnesses agst. me For such done in other counties, Sarum, & Blandford, & South Moulton are not in a perish. § You puzle the Jurors wth. these circumstances, pray goe to the kernell, and you, gentlemen of the jury, save yor. labour of takinge those notes. Sylence beinge then commanded in the Court, || he addressed himselfe to the jury, & to be short, after the space of halfe an hour long, gave them directions to bringe mee in guiltie, This being done, I craved the Favour From the Court, that I might speake to the Jury: wch. beinge allowed, I said to them as folio weth : Gentlemen : You are called a Jury of life & deathe, & happy will it be For yor. soules, if you prove to be a Jury of Life. You^[ are now the Judges be- Earl of Westmoreland, and returned to his house at Warksworth. Henry the King conquered Henry the Percy, and his father afterwards petitioned for an examination of his own conduct. The matter was referred to the Judges ; but the Lords protested, and the King sent the case to, them. They decided he was guilty of trespass only, for which he should pay a fine and ransom at the will of the King. Rolls Part, vol. iii., p. 5249, and Hale's Pleas of the Crown, vol, i., p. 135,, ■where it is noted that no reasons for the Judgment are given, and therefore it is of very little, if any, value. But the present was not a case of riot, supposing the Lord Protector lawfully held his position ; for it was not a mere breach of the peace; and there is not the least evidence o f its being for the purpose of taxation, even though unauthorized and unnecessary. If it was an offence at all it was treason against the Government and the majority of the nation ; for it was an attempt to set up as king, him whom they had declined up to the present time ever since his father's death; and as a necessary consequence it involved the overthrow of the " one person " and his government whom they had appointed in his stead. *.This word, which is either " is " or " was," is inserted above " et." ■ + The Judges by the law of England are counsel for prisoners who cannot provide counsel for themselves, and this was no doubt the reason why formerly no counsel were allowed. The judges, have ably performed this onerous, and (to them especially) delicate duty . Sir Edward Coke said no counsel were permitted for defence because the evidence should be so manifest, it could not be contradicted. 3 Inst., 137. And Lord Nottingham, when Lord High Steward, declared, that this was the only good reason that could be given for the practice, viz : " that it ought to be so very evident that all the counsel in the world should not be able to answer it." See 7 How. St. Tr., 149. Now-a-days, in cases of life and death only, it is the practice for the Judge to assign counsel to defend the prisoners, where they cannot bear the expense. In other cases he still pursues the former practice of acting himself. % Interpolation—" But he meant right ; but judge Rolle and Nicholas confessed themselves parties, therefore would say nothing. Then I told the Court—" \ The treason was overt in every county, and triable in either. U The copyist of the pamphlet says Mr. Attorney then addressed, omitting the commencent of the sentence. The " he " is no doubt the Attorney-General, but Penruddock does not say so. ^Interpolation— "You have heard what hath been said to make my actions treason; and with what vigour many untruths have been urged to you. 1 have made appear to you, that there can be no treason but against the king ; that the law knows no such person as a Protector. Mr. Attorney, pretends a statute for it, but refuseth the reading thereof either to me or you ; vilifies me at pleasure and tells you that I am a papist, and would bring in the popish religion ; and that if I had not been timely prevented I had destroyed you. I hope you are also satisfied of the contrary, from the mouth of one of the bitterest witnesses." By W. W. RavenUll, Esq. 267 tweene mee & tliese Judges, let not the majesty of theyre lookes, or the glory of theyre habitts, betray you to a sinne wch. is of a deeper dye then their scarlet ; I meane that sinne blood, wch. calls to heaven for vengeance. Gentlemen, you doe not see a haire of my head but is numberd, neither can * you make any one of them, much less can you put breath into my Nostrils when it is taken out, A sparrow does not fall upon the ground wthhout the providence of God, much less shall man, to whome he hath given dominion, & Rule over all the creatures of the earth. Gentlemen, looke upon me,f I am the Image of my creator, and that stamp of his wch. is on my vizwage, is not to be defaced, wthhout an account given wherefore it was. I have here challenged, as I am a gentleman, & a Free-born man of England the Right wch. the law allowes mee. I demand that the statute may be read, wch. says I am guil tie of treason, it is denyed both to you and mee. "J The law wch. 1 would have bin tryed by§ was drawne by the wise consultation of our Princes, & by the ready Penns of our Progenitor. The law wch. I am now tried by,|| but what is cast out wth. the poynt of a sword, ^ being semited with the moysture of an eloquent tongue, & the sheets on wch. they are recorded, if you looke not well to it, may chance to serve For some of yor. shrouds. If the Feare of displeasing others, shall betray you to finde mee guiltie of any thinge, you cannot at the most but make a Riot of this, & pray, by the way, take notice, that ye last Parlyam*. would not allow the legislative power to be out of them, seventeen of twenty in this very countie were of that opinion, & deserted the house, they were yor. repre- sentatives, if you should Find mee guiltie you bring them in danger, and in them yorselves. Have a care of being drawne into a snare. Gentlemen, yor. bloud may runn in the same channels wth. myne, if what I have said does not 'satisfy you, soe as to acquitt me, if you bringe in a specyall verdict, you doe in some measure acquitt yorselves, & throw the bloud that will *'* be spilt, upon the Judges. Consider of it, & the Lord direct you for the best.ff The jury, after a quarter of an hour's retirement, brought mee in Guiltie : The Lord Forgive Them for they knew not what they did. Upon Monday, ye 23d of Aprill, wee were againe called to the Barr beinge then in number twenty- six. Judge Glyn asked of mee, First, what I could say for myselfe, that I should not have sentence according to the law ? Penruddock — My Lords & Gentlemen, you aske what I can say For myselfe that I should not have Sentence pass upon me. The Jury has allready found me Guiltie,. If I should goe about to make a defence now, it would signify noe more than as if my Friends should Petition For my pardon after I am executed. I could have offerd you Articles heere, but I thought that inconsistent wth. this * " Can " is written above " you " and clearly goes before it. t He adds this on correction, the incident flashing with full light upon^bim. — His fair ringlets streaming over his shoulders, a ripe sbeaf of corn for Death. t Interpolation — " I demanded a copy of my Indictment and Councell, but it is denied me." \ Interpolation — " Is the known law of the land, which — " || Interpolation—" Is no law—" After the word " by " he has put a mark of vacuum, which he never filled up. 11 The sentence about the eloquent tongue is added'on correction. I cannot decipher the word " semited," the pamphlet copyist gives it as " varnished." ** Poor fellow I he has scratched out "may " and written " will " over it. ++ A capital piece of advocacy. 268 Records of the Rising in the West, A.D. 1655. Court. When I look upon my offence as to ray Lord Protector,* I conclude my- selfe a dead man, but when I reflect upon the Favour he has shewd to others of my condition, & the hopes I have of your intercession, methinks I seef my spiritt renewd againe. My lords, death is a debt that is due From mee to nature, the| Lord Protector has now the keeping the Bond, & has put it in suit by his Attorney if his Lordship§ please to Forbear the serving mee wth. an execution, & let mee keep it a little longer, I will pay him the interest of thanks for it as long as I live, & engage my posteritie, & a numerous allyance to be bound For mee. So the Lord direct you all For the best. If I have|| Favor., I shall thank you ; if not I shall forgive you. This beinge done the Judge Glynn^[ gave sentence agst. us videlicet to be drawne hund and Quarterd, a pretty exchange For unworthy Crooke's Articles For live liberty & estate wch. I can swear & will dye upon. We can read this in a MS. of Colonel Penruddock's son, now at Compton. It is indorsed : " Glyne's sentence of death upon my father." Within we find : — " Principall Heads of Serjeant Glinne's sentence of death uppon my cousen Penruddock and the Rest of the Gent, whom Hee condemned at Exeter, 1655. I must confesse 1 never come uppon this peece of a service but wth. A great deole of sadnesse but never wth. soe much sadnesse as at this tyme. Heere Arises Sadnesse from the persons, many of very good duality, many of ingenuous edu- cation, and some of better parts then myselfe. Sadnesse from the number. I never saw soe many at one Barre of Justice before. Sadnesse from the offence, it is the Highest the Law takes notice off. Sadnesse from the sentence, it is the worst the law pronounces. But above all, sadnesse, that in not in one of those faces I see the Least Remorse for this great offence. And what if you" had gone on in your designe ? You must have waded through Rivers of Blood. You must have Ript uppe the Bowells that brought you forth, you must have brought misery and calamity uppon the Countrey that gave you Breath. Nor have you only broken the Lawes of the Land, but th.3 lawes of the God alsoe, for all powers are ordaind of God. And hee that Resists, Resists the ordnance of God. Nor have you resisted his ordnances onely, but his providence alsoe, signified in soe many victoryes, and soe many successes to Justine the Government. You say this man shall not Reign over you, God saves Hee shall, &c." Returning" to Colonel Penruddock's MSS. : — My tryal held at least 5** howers, this is as much as I can at p'sent remember of it excuse the errors by the truth thereof. * The words " My Lord " are expunged by the copyist, t " Feel " in the pamphlet. X "Lord " omitted by pamphlet. \ " Lordship " omitted in pamphlet. || In the pamphlet *' found " is inserted here, n Interpolation — "after a most bitter and nonsensical speech — " So indistinct as to be guess work. By W. W. Ravenhill, Esq. 269 Be merciful unto me O Lord, be merciful unto me under the shaddow of thy icinyes will I hide myself e ty 11 this tyranny be overpassed.* One of the Jury being asked by a Gent : why he Foun mee guilty answered that he was resolved to hang mee before he saw me.f Glory to God on high on earth peace good will toward men, & have mercy on mee 0 Lord. JOHH PeNEUDDOCK." On the second page of this sheet there is the following "Witnesses Bennett and Stroud [Strong], who in open [Court confessed to be guilty of all they p'ved ag** mee yett Mr. Attorney gave ye Jury direcons. to fynde them not guilty. Mr. Attorney well Knew yl. if ye statute had bine read, I had bine iustified & himselfe Guilty. If this be the tithe of the subject, the whole nation may see themselve in greater slaverie than ever ye pore Isrealites were to ye Egiptions. This is as iust a triall ac- cording to law, as if [it] had bin for ye p'soners to have tried (of ther owne ffor if this be made treason its an Judibidum vacuni, like ye winde in the Gospell, wch. bloweth wher it listeth, and that shal be treason in mee to day, wch. to morrow shal be none in another, as it shall please Mr. Attorney, & neyther myselfe nor Jury might have y\ statute read by wh. ye Court ptended my Accons wer made treason, but 1 must rest (and soe they) satisfied y*. Mr. Attorney said it was Treason. Observe alsoe The Judges when Demand their Judgmt8. in poynt of law, said they were pties, yet sat uppon ye bench in their robes, soe yi. Mr. Attorney ye Protectors Servant (whose whole businesse was to carrie on his Masters Interest right or wrong) was both Judge & Jury, for what he said (so iust a Jury I had) they did. If I had bine guilty of Treason I had bine unjustly tried for I ought to be tried by ye sworne Judges of ye Law, & not by ye Immediate'Servants of the ptecto1'. as is Lisle Glyn & Steele for Judges * The words given in italics are omitted from the pamphlet. + Interpolation—" The Judges are sworn to do justice, according to the law of the land, and there- fore have miserably perjured themselves in condemning me contrary to law : And (not so contented) must cause the jury (so wise they were) through their false and unjust directions, to destroy then- own rights and properties, and set up a new Arbitrary and Tyrannical government. The judges would not give me their advise in point of law (as was their duty) because they said they were parties ; yet could sit still on the bench in their robes to countenance? (and approve of) my sentence. No man can be a Judge where he is a party in the same cause therefore my triall was contrary to law. Hobart folio 120, Doet Bonam's case, 8 part of Cook's reports. The Judges being parties, ought not to sit npon the bench, (but stand by) therefore my t- La] \\ as illegall : the rest being no judges but the Protector's immediate servants, so could not Wr- my Judges in case of High Treason ; for none but the sworn Judges of the Land arc capable of it by law. One thing of Colonel Dove the reverend sheriff of Wilts, who that the jury might be sufficiently incensed, complaining of the many incivilities (he pretended) were offered him by our party, being upon his oath, said that one of our men did run him through the side with a carabine. Surely it was a very small one, for the wound is not discernable. A good deal of praise every man in his place took for the carrying on their master's work." 270 Records of the Rising in the West, A.D. 1655. aocord) ye Judges & ye rest ftolls & Nicholas declared themselves (as before) uppon ye bench for the pties., therefore could not be Judges, same fact. Au honest man and good Note alsoe ye gallantrie of Mr. Dove, high, soldier, who rather then shereife of Wiltshire, who after he had but a little should appeare like myselfe forsworne himself'e in open Court (uppon his oath) a modest Christian & a pr. to agravate the Incivilites, of our prty towards him, server of my king and said y\ one of our men did runn him through the country wold prejudicious- side wth. a carbine, ly [?] perjure himselfe though he ruine his owne soule to distroy my body. Such is the account Colonel Penruddock gives of his trial. It was probably written the 3rd or 4th of May, 1655, (which would be about " two days before the Sheriff's notice of execution/'') the former being the day on which the Protector signed the death warrant. Of Grove's trial the only note I have found is the following, Perfect Proceedings, May 3rd, 1655.1 " The sheriffe of Wilts was commanded down into Devon, having a Lycense given to go out of his County, to give evidence against such of the rebells as he did knowe ; amongst which was one Mr. Hugh Grove, a tenant of the Sheriffe, whom he was required to give evidence against, the sheriffe refused to be sworn, desiring to be excused from giving evidence against his tenant for life. The Court would not excuse the sheriffe, but required him to take his oath, which he did, seeing he could not be excused. The sheriffe declared in open Court, that in whatever the said Grove did hold for his life, in case he were taken off for this his fact, the sheriffe then promised, he would make it good that Grove's wife shall have her life freely ; so long as she lives, in the place of her said husband, and after the promised engagement, seeing the Court would not excuse the said sheriffe from giving his testimony, he did take his oath and declared the truth, &c." The evidence against all the principal prisoners, of levying war against the Protector and his Government, would be simple and easily proved; that they appeared at Salisbury armed, and proclaimed King Charles, and arrested the course of Justice, in taking the Judges' Commissions from them, thereby closing the assize; seizing and carrying off the sheriff ; breaking open the gaol ; then at Blandford proclaiming the king, and endeavouring to compel the lK.Y., Sm. Qto. Vol. 642. By W. W. Bavenkill, Esq. 271 town crier to do so ; and frequently trying to induce men to join tliern ; finally the fight at South Molton. Supposing the Judges to be correct in their law, how could there be any other verdict ? The following list of Exeter prisoners, and what happened to them is g-iven in the Thurloe Papers, vol. iii , p. 394. " Devon, ff. The names of the prisoners indicted, attainted, and condemned for high treason, in levying war against the lord protector and government, &c, at the general gaole delivery holden at the castle of Exeter, the 18th of April, 1655. On the first indictment. John Penruddock, of Compton Chamberlaine in the County of Wilts, Esq. ; challenged twenty-eight of the persons impannelled for the petty jury. Found guilty by verdict of the petty jury. Hugh Grove of Chissenbury in the County of Wilts, gentleman. He also challenged the array. Found guilty by verdict of the petty jury. Robert Duke of Stuckton, in the County of Southampton, gent. Found guilty by verdict of the petty jury. Richard Rives, of Rimpton, in the County of Southampton, gent. Found guilty Francis Jones, late of Beddington in the County of Surrey, gent. Found guilty by verdict of the petty jury. Thomas Fitzjames, late of Hanley in the County of Dorset, gent. Found guilty by verdict of the petty jury. George Duke, late of Stuckton, in Hampshire, gent. Found guilty by verdict of the petty jury. Edward Davy, late of London, gent. Found guilty by verdict of the petty jury. Thomas Poulton, late of Pewsey in Wiltshire, innholder. Found guilty by verdict of the petty jury. Francis Bennet, late of Killington in Somersetshire, gent. Acquitted by the petty jury. On the second indictment. Edward Willis, late of New Sarum, in the County of Wilts, innholder. Found guilty by verdict of the petty jury. Nicholas Mussel, late of Steeple Langford, in the said County, yeoman. Found guilty by verdict of the petty jury. William Jenkins, of Fordingbridge, in Hampshire, gent. Confessed the faot on his arraignment. Thomas Hilliard, of Upton, in the County of Southampton, yeoman. Found guilty by verdict of the petty jury. Robert Harris, late of Blanford in the County of Dorset, cordwainer. Found guilty by verdict of the petty jury. John Biby, of Compton Chamberlaine, in the County of Wilts, gent. Found guilty by verdict of the petty jury. John Cooke, of Potterne, in Wilts. It appeared upon the evidenoo, that he was one of those that took the judges. Found guilty by verdict of the petty jury. John Haynes, trumpeter. Found guilty by verdict of the petty jury. 272 Records of the Rising in the West, A.D. 1655. William Strode, of Win canton, in the county of Somerset, gent. Acquitted by verdict of the petty jury. On the third indictment. Henry Collyer, of Staple Langford, in the County of Wilts, gent. Confessed the fact upon his arraignment. William Wake, late of Blandford, in Dorsetshire, gent. Confessed the fact upon his arraignment. Christopher Havilend, late of Langton, in the County of Dorset, labourer. Confessed the fact upon his arraignment. Hans Stiver, late of New Sarum, in the County of Wilts, gent. Found guilty by verdict of the petty jury. James Horsington, alias Huish, late of New Sarum, gent. Found guilty by verdict of the petty jury. John Giles, alias Hobbs, late of New Sarum, yeoman. Found guilty by verdict of the petty jury. Abraham Wilson, late of the same, cutler. Found guilty by verdict of the petty jury. Joseph Collier, late of Steeple Langford, gent. Confessed the fact upon his arraignment. Richard Browne. Found guilty by verdict of the petty jury. Nicholas Brodgate, late of Blandford Forum, yeoman. Acquitted by the petty j^y. Marcellus Rivers, late of Bensted, in the County of Southampton, gent. The grand jury did not find the bill against him. 26 prisoners condemned. 3 acquitted. 1 ignoramus by the grand jury, viz., Rivers. On comparing this list with that furnished to the Government by Disbrowe,1 we find that not a third of the 109 persons then in custody were brought to trial at this assize ; supposing the above to be perfect, as it apparently is. In the second indictment William Jenkins, of Fordingbridge, in Hampshire, gent., is a fresh name. In the third indictment Nicholas Brodgate, yeoman, may be the same person as u Richard " the husbandman, and Marcellus Rivers, of Benstead, as " Joseph " of that ilk in the first catalogue. Of the last individual we shall have somewhat to say bye and bye. Somewhat of what happened at Exeter we glean from the Attorney- General's letter to Thurloe written on the Saturday (April 21st) : — - " Sir, I have not of late received any directions from you concerninge oure prisoners, which hath beene much expected by my selfe and the judges, in answere to what I wrote you from Salisburie and Dorchester. I have forborne 1 See p. 139, sup. By W. W. Ravenhill, Esq. 273 wri tinge unto you, because Generall Desbrowe said he would doe it,* and give an account of passages here, and hath undertaken to doe the like againe, which makes me be the shorter. The juries we finde very well affected,and willinge to dispatche [! ] the cavaliers ; and the difference amongst them is to agree most speedilie. We are upon our last bill against the prisoners heare. A. list of them, and of those already tried and convicted, you will hearewith receive. Our work, I believe, will not be great att Chard; but wha.t care is taken to have good jurymen there, I knowe not. My Lord Rolles went hence yesterdaie, and will not be att Chard ; and Mr. Serjeant Glynne saies, that there is a necessity of his beinge in London before the terme, and soe thinkes he shall be but little at Chard. Justice Wyndham is expected to meete us there, and I believe baron Nicholas will staye with us. Mr. Recorder is, as I wrote you in my last, to give the charge, and manage the trials there : From thenoe I suppose we shall all come to London togeather. Your steward expected to have heard from you, complaineinge he shall want monies,and desires my credite to supply him : rather than the service or your honoure shall suffer, I shall doe it. I shall not farther trouble you, than to render me Your very humble servant, Exon, April 21, 1655. * Edw: Prideatjx. The grand jury just no we brought in theire bill against tenn. Rivers was ignoramus; his owne partie, that accused him, denied it upon theire oathe to the grand jury. Henry and Joseph Collyer, William Wake, and Haviland, that claimed articles, after some debate, confessed the indictment, and submitted to his highnes mercy." We come now to the Wake story, which I must reserve for another paper. (To he Continued.) * I ha\e not found his letter, if there were any. 274 §rabfor^on^6on. 1||§UCH INTEREST has been of late excited with regard to this ancient Church, which is most probably of the date of the latter part of the tenth century, and is, as far as is known, the only complete one, of its age and character, still remaining in England. During the annual meeting, held a few weeks ago, this Church was visited by the Society, and much gratification was expressed at the progress that had been made towards its preservation. The earth, which had accumulated in the course of years to a height in some parts of six feet above the ground-line of the building, had been removed, and the original proportions of the Church, in them- selves a remarkable feature, were distinctly seen. In Vol. v. of the proceedings of this Society will be found a short account of this ancient Church. It was illustrated by drawings and elevations made for the purpose, in the year 1848, by the Rev. W. C. Lukis, then one of our Secretaries. The intervening period of fourteen years has disclosed much that throws light on this precious relic of Saxon times. Within the last few months, more- over, the Chancel, long ago separated from the Nave, and used as a gardener's cottage, together with the ground immediately sur- rounding the whole building, has been purchased, and a Committee of Trustees appointed, amongst whom are Earl Nelson, and Sir John Awdry, (two former Presidents of the Wilts Archaeological Society,) and Sir Charles Hobhouse, Bart., now Lord of the Manor of Bradford, for the purpose of raising funds for obtaining the whole Church, and adopting measures for its preservation and restoration. The Council of this Society entered warmly into the plan when brought before them by the other two Trustees, and original pro- moters of the effort, the Rev. E. L. Barnwell, and the Rev. SAXON CHURCH OF ST. LAURENCE.. BRADFORD ON AVON VIEW FROM THE SOUTH EAST , DOORWAY BETWEEN PORCH AND NAVE SAXON CHURCH, BRADFORD ON AVON, 1872. By the Rev. W. H. Jones. 275 Prebendary W. H. Jones; and at their meeting- in February, last, gave £25 towards it. Two illustrations accompany this statement, one giving a view of the building from the south east, and the other the doorway leading "from the Pouch into the Nave. The archway, which is not recessed, is two feet ten inches wide and eight feet six inches high to the centre of the arch. It springs from an impost, which is itself simply a plain string-course, stopping a rudely-moulded pilaster, formed by a series of segmental roundels. Above the impost this is continued over the arch as a hood-moulding. One of the minor peculiarities of this work is, that the opening of the door-way is wider at the floor than at the springing, and this tends to strengthen our opinion as to its antiquity. A full account of this Saxon Church— which William of Malmesbury speaks of as standing in his days (about A.D. 1120), and which he adds had been of old dedicated to St. Laurence — has been printed for the Trustees. It contains several particulars that have come to light since it was noticed in this Magazine, and is illustrated with a steel engraving, shewing the view of the Church from the south- east, and seven or eight other drawings, and elevations. A copy will be forwarded to all subscribers of £1 1*., and upwards, and, as far as the impression, which is a limited one, will allow, to others who are able only to give smaller amounts. There has already been expended in the purchase and conveyance of the Chancel and adjoining plot of ground, and in necessary repairs, boundary walls, &c, about £125. The sum now required for purchasing another building, which may be exchanged for the Nave and Porch, so as to secure the entire Church, is about £350 more than has been as yet promised or paid. The Society, feeling an especial interest in this work, commends it heartily to the liberality of its members. Communications may be addressed either to the Rev. E. L. Barnwell, Melksham, — the Rev. Prebendary W. H. Jones, Bradford- on-Avon, — or to the Secretaries of the Wilts Archaeological Society, September , 1872. VOL. XIII. — NO. XXX IX. X 276 (lit a ^oman killing at Potag, umx Jean, By the Rev. G. S. Master. }N a paper read before the Wilts Archaeological and Natural ) History Society, at their Congress at Wilton, in September, 1870, upon a remarkable deposit of Roman pottery in Holbury Copse, near West Dean, it was intimated that further investigations in a meadow at no great distance were likely to result in the dis- covery of a villa or other building of some importance. The external walls of an enclosure, found by careful measurement to contain an area of 59ft. by 48ft. 10in., had already been laid bare, and it was naturally expected that the excavation of the internal area would disclose some objects of interest, beyond those of which mention had already been made. This conjecture has however turned out to be erroneous, the laborious and tedious process of laying bare the entire space down to the level of the undisturbed clay, which here overlies the chalk, having issued in nothing more than the formation of a ground plan, and the obtaining of certain data respecting the building. These I proceed now to place upon record. By reference to the plan it will be seen that a large slab of Portland or Purbeck stone lies across the southern wall of the en- closure. It was upon this, curiously enough, that the workmen's crowbar — used for probing the ground in search of foundations — accidentally lighted. The turf was removed, and the stone un- covered. It lay at the depth of about a foot from the surface ; its dimensions were 3ft. 9in. by 2ft. 6in. ; its thickness from 3 to 4in. It was found to be imbedded in a massive wall of flints set in excellent mortar, the foundations reaching to a further depth of 2ft. 6in. below the stone, which is now supposed to have marked the entrance to the building. From this point the walls were traced and followed round the angles of the enclosure, until the whole were visible. The North and South walls were found to be of the \ By the Rev. G. S. Master. 277 unusual thickness of 3ft. 9in., those on the East and West being 2ft. Gin. wide. They were wholly composed of flint — a coign stone (brought from Tisbury), 1ft. 4in. square, built into the N.E. angle and a similar stone, 1ft. 7in. square, built into the N. wall, and flush with its inner face, being the only exceptions. In accordance with the plan proposed by me to Sir Francis H. Goldsmid, Bart., M.P., the owner of the soil — for the avoiding of needless injury to the meadow — I proceeded to examine the internal area within the walls, piece by piece, stripping off the turf and excavating the ground of a square of perhaps 15ft., and then having carefully noted whatever lay beneath, replacing the earth and turf, before proceeding further. Thus, by degrees, and after some three weeks' digging — four labourers being employed — the entire space was subjected to examination. The work was very laborious. The upper soil to the depth of nearly a foot having been removed, there lay below it a hard mass of rubble and rubbish, the deb/is of the fallen building, faced flints (of which many cart-loads were thrown out) and fragments of roofing stones forming the bulk of the material. Underneath there was the natural clay floor, here and there sup- plemented with a coating of chalk, but unfurnished with any pave- ment of any kind, at a depth of some two feet from the surface. The whole area was singularly unproductive, insignificant frag- ments of pottery, rusty nails, and coins of the third brass, illegible from the effects of fire, being all that I obtained from it. There was a remarkable absence of tiles ; some dozen squares about an inch each way, cut from larger tiles, were amongst the rubbish in the N.W. corner, and about as many broken pieces of scored tile, picked up in other parts, comprised the remainder of those we found. In the N.E. and N.W. angles of the enclosure there were small chambers, 12ft. by 9, the party-walls being of the same thickness and material as the E. and W. walls of the main building. There was a massive coign of Tisbury stone, 2ft. 6in. by 1ft. Bin.., in the S,W. corner of the Eastern chamber. No other enclosed spaces seem to have existed. Two massive piers on either side, five feet square, standing 8ft. apart, and a like distance from the walls, formed of strong flint-work and concrete, were the foundations, I suppose, x 2 278 On a Roman building at Holbury, near Dean. of the pillars (perhaps of timber) which supported lean-to roofs, sloping from the outer walls. Indications of fire were very frequent, a succession of shallow bowl-shaped depressions, marked "ashes" in the plan, and containing" charcoal and other ashes, extending up the centre of the area from the South, and others being found in the positions assigned to them. From one, on the Eastern side, a shallow trench, also containing ashes, stretched towards the South. There was an artificial hearth, 3ft. by 2, against the centre of the North wall, formed of hard cement laid upon a footing of clay of a deep red colour, quite different from the natural clay of the spot, and 18in. in depth. Near the West wall, and within the space between the two piers on that side, was another smaller fire-place, the hearth formed of a pitching of flints, and having a back of the same material. Two small blocks of Tisbury stone, 15in. by 9 and 10, resting on the clay floor, and fixed in their places by chalk rammed round them, one just within the South wall, near its centre, and the other about the same distance from the East wall, must have had some purpose, as yet un-ascertained. I confess to some disappointment at the paucity of facts I have obtained, nor can I at present offer any elucidation of those before me. I have at all events rescued from oblivion a Roman building hitherto unknown, and one differing (as I believe) from any previously discovered. Whether it was a receptacle for cattle, or a store-house for articles of merchandize, or for provisions — I must leave for others to determine. It was a durable structure at all events, made strong, perhaps to resist marauders ; and its foundations lie now uninjured, with trifling exceptions, beneath the turf which has concealed them for fifteen hundred years. I may add that a single coin, of the second brass, with the sacred monogram upon it, proves the post- Christian occupation of the building. An additional item of information subsequently obtained (Oct., 1870), must be placed on record. The pointed crowbar so usefully employed already having been again in requisition in the same field, about 60 yards S.W. from the site of the building, after striking upon something hard, suddenly left the hand of the workman, and By the Rev. G. S. Master. 279 sank by its own weight into something soft underneath. Investi- gation here brought to light a cist or coffer, formed of hard Roman cement, 4ft. 3in. long by 3ft. 3 in. broad, and about 2ft. in depth, buried in the natural clay at a depth of about 2ft. from the surface, and filled with fine white lime, as pungent to the taste as though made yesterday. Nearly adjoining it was a second receptacle of the same dimensions, precisely similar in all respects to the first. Both lay undisturbed, and, as it were, hermetically sealed in their clay beds — no particle of the lime having escaped beyond the cases which contained it. We extracted all the lime from the first case, and hoped to be able to raise it, entire, for preservation in my parochial museum, but rain unfortunately coming on, it succumbed to the influence of the atmosphere, and became a mass of ruin. The second cist was actually raised, with all its contents, weighing nearly a ton, and placed in a cart, but the elements were again unpropitious, and I have not been able to do more than preserve portions of the casing, and a sample of its contents, for future reference and ex- amination. I am unable to hazard a conjecture as to the purpose for which these deposits of lime were made and preserved. I do not think that the cases were made previously, and filled, before they were buried ; but that more probably a basin of the required size was excavated in the clay, lined with a hard coating of cement, and then the lime was " run 33 into it, as is now done for modern plastering, a lid of harder material supplied, and the whole buried for future use. The perfect condition of the deposits precludes the supposition that they were mere surplus material, left accidentally from an adjacent building, but points rather to the notion that they were reservoirs or stores of lime, either abandoned hastily, or purposely reserved for exportation or employment on the spot. The Heliotype Illustration should properly have accompanied a previous paper, for which see p. 33 of this volume, where the vessels are described in detail. They were all found in one spot, upon an elevated ridge in Holbury Copse, but the stag's horn and objects of bronze and iron, with a single exception, at or near the site of the Roman building now described. 280 #n tjc " fetter* Jock" as a ap^ana of % Jongs of ISraeiL By the Rev. Prebendary W. H. Jones, M.A., F.S.A., Vicar of Bradford-on-Avon. VERY one who is at all acquainted with the archaeology of Wiltshire is aware of the badge, or cognizance, of the " fetter-lock " — a kind of padlock used for^ fastening together the chains of prisoners — borne by the family of Long of Wraxall and Dray cote. They are also familiar with the account of such badge which they find in Aubrey, viz. that " Dray cote was held by petit ser- jeantie, namely, by being Marshal at the King's coronation ; which is the reason the Cernes gave the Mar- shal's Lock for their cognizance ?9 The Fetter-Lock. (Jackson's Aubrey, p. 228.) Accept- ing this statement as correct, the accompanying detailed explanation was added, and its ingenuity and apparent truth no one can doubt, who admits the statement itself: — " Draycote was held of the Crown by the nominal service of supplying c the third rod of the Marshalsea' in the King's household: by which is probably meant supplying one of the vergers, or wand- bearers, to attend upon the Marshal — the third rod's post, according to another record (Test, de N. 147 'J, being c at the door of the king's kitchen' (ad ostium coquina). The Shackle-bolt would accordingly be the emblem of the Assistant Marshal's authority over all marauders, or breakers of the peace, in that department." There seems however some reason to dispute the correctness of Aubrey's statement. Hence I venture to submit another explanation of this badge of the Longs of Wraxall. By the Rev. W. B. Jones. 281 And, first of all, with regard to the peculiar tenure under which Draycote Cerne was held. No doubt this dated from ancient times . In the Exon Domesday for Wilts the owner of Draicote is called " Goisfridus Marescallus.' 3 He is included among* the " Ministri reg-is," or King's officers, members of the royal household, or prin- cipal officers of the court, who held lands originally appurtenant to such office. (See Jones' Domesday for Wilts, pp.147, 160.) This carries us back to the tenth, or eleventh, century. In those days, whatever accidental meaning may have been acquired by it after- wards, the word marescal (the equivalent of our marshal) had none which could appropriately be represented by the " fetter-lock/'' as an emblem of duties belonging to him. The word, as Max Miiller tells us, is derived from the German, where in the old dialect Marah-scalc meant a farrier, from mar ah a mare, and scale a servant. The care of the royal stables, whether in person or deputy, would seem to have been his duty.1 But, passing by the question of the appropriateness of the badge as regards the tenure of Draycote, is there any proof at all that it was so used, in ancient times, by the owners of that estate ? As far as a somewhat diligent search has been able to ascertain, none whatever. In truth, not a single example of the use of this badge can be produced, which is necessarily of an earlier date than 1490, when for the first time Wraxall and Draycote were held by one and the same person — viz. by Sir Thomas Longe, who having first of all inherited Draycote, on the decease of his father John Longe, about 1479, (for whom the estate had been purchased,) succeeded to Wraxall also, on the decease, without issue, of his uncle Henry Longe, in 1490. Of any earlier owners of Draycote than the family of Cerne, from whom it derives its second name, we have no memorials. At Draycote church there is a large cross-legged effigy, which, according to tradition, is the memorial of Sir Philip Cerne, who is said to have built the church about the year 1260 ; but on no part of the effigy, 1 See some interesting remarks on the origin of this name and office in Hampson's Origines Patricias, p. 289. 282 On the cognizance of the " Fetter --lock. ; " nor of the arched recess within which it is contained, is there the least trace of the badge of the " fetter-lock." Neither, as far as my observation has gone, is it to be found on any of the more ancient portions of the church or tower. Then again there are, in the chancel, brasses of Sir Edward Cerne (c. 1393), and of his daughter Philippa ; but on neither have we this badge, said to be emblematical of the tenure under which Draycote was held. Is it likely that it would have been missing, if the opinion, the correctness of which we are discussing, were founded in truth ? After the Long family were owners of Draycote we find plenty of examples of the use of this badge. On the tomb of Sir Thomas Long, who died in 1508, it is found, and also on Draycote Mill ; but there it is in connection with the coat of Long impaling Darell, which fixes its date at a period subsequent to 1490. The badge was seen in Aubrey's time on a large monument, now destroyed, in the church of Box, to the memory of Anthony Long (fourth son of Sir Henry Long, of Wraxall and Draycote), who was buried there in 1578. The use of it on such a monument would seem to show that they regarded it now rather as a family badge than as indicative of the tenure of Draycote. In fact it was at Box accompanied with the motto " Envi will lye/'' which is found only at Wraxall. (See Jackson's Aubrey, pp. 29, 56.) The conclusion to which we come is this — that there is no evidence either that the Cernes used this badge of the "fetter-lock/' or that the Longs first adopted it, when they became their successors at Draycote, as an emblem of the tenure under which chat estate was held. But now let us go to Wraxall, and see whether we have any proof there of an early use of the " fetter-lock 33 as a cognizance by the Long family, and , whether, in the history of that estate, we can find any peculiarity that may account for it. Without doubt, the earliest known examples of its use are over the gateway leading into the manor house, and on an old tomb in the church at Wraxall. Judging from external appearances, there certainly seems no reason for considering the gateway otherwise than coeval with the older portions of the manor house, which would be about 1430-1450. At By the Rev. W. H. Jones. 283 the first glance we should assign the tomb, which is that of a female, with what are described generally as the arms of " Long impaling Berkeley quartering Seymour/'' to about 1540. In both instances the date would be certainly forty or fifty years before Wraxall and Dray cote were held by one and the same person. On the supposition that the badge really belongs, in the first instance, at all events, to Wraxall, can we give any account of it ? I think we can — as the following extracts will show. In the Shaftesbury Chartulary (Harl. MS. 61), in its account of u Wrokesham 33 (as Wraxall is there designated) as part of the manor of Bradford, the whole of which belonged to that religious house, we have, at fol. 82, the following entries respecting the tenants there : — " Willelmtjs Bedel tenet unam hidam pro xx solid, pro omni servicio et dimid. virg. terrae p. servic. de fiedel." " Osbeetus Spekling tenet dimid. virgat. pro qua debet sequi hundredu et comit. justic, et summonicones per totu hundredu, et ad comit. testificari." These extracts, as we judge from internal evidence, relate to about the year 1250. They show that at that time one William Bedel, who seems to have assumed as a surname that of the office which he held, was possessed of two portions of land, one consisting of one hide, another of half a virgate, the latter being appurtenant to the office of " Bedel » or "Bailiff" of the Hundred of Bradford. There was another small holding of half a virgate possessed by Osbert Sperling, as appurtenant to the office of what is in a sub- sequent survey called that ot " Serjeant" of the Hundred of Bradford. The duties of these functionaries consisted, amongst other things, in carrying out the machinery of the court of the Hundred, and en- forcing its decisions. It is not difficult to see how appropriate a badge of such an office as the bailiff of the Hundred held would be the " fetter-lock." In a survey of the manor, of the date 1630, we find the following entries, which mutatis mutandis seem but a translation, with some additional particulars, of the extracts above given from the Shaftesbury Chartulary. In the index to this survey, the office held by Daniel Yerbury, which exactly corresponds with that held some 284 On the cognizance of the " Fetter-lock: four hundred years before by Osbert Sperling is expressly called that of the " Serjeant of the Hundred." " John Long Esqr. is Bayliffe of the Hundred by inheritance and tenure of oertain lands he holdeth in Wraxall as before is set forth." Again at fol. 24 : — " John Long, Esq1, holdeth freely one Hide of land in Wraxall as of the foresaid Manour, sometymes the land of William Bedell, by Knight's Service, and xxxvs. Rent and Sute of Court," &c. "The said John holdeth also freely one half-yard land in Wraxall, as of the said Manour, by Serjeancye, viz* to make all Somons in the Hundred and Court of the Manour of Bradford, which belong to the King as Lord of the Manour, before the King's Majesties Justices and at the Countie, and to somon all the men of Wraxall to do the Lords Workes, and to have his Drinking when the Lord Steward shall keep the Hundred Court and Courts of the Manour, and to do all Executions which pertain to the said Hundred at his proper Costs and Charges," &c. Then at fol. 25 we are told : — " Daniel Teebtjet holdeth freely one half-yard land in Wraxall as of the foresaid Manour by Serjeancye, vizfc. to attend the Bailiff of the Hundred of Bradford to take distresses throughout the Hundred, to make somons, and to bear witness to the Bailiff." The inferences we draw from these extracts are, that the Long family came into possession not only of the estate of " one hide/3 held in "Wraxall about the year 1250 by William Bedel, but also into possession of the smaller holding of " one half-yard land 33 that was appurtenant to the office of " Bedel'''' (or bailiff) of the Hundred of Bradford. As the badge of the " fetter-lock 33 was adopted by them from the earliest period of their settlement in Wraxall, and certainly before they had anything to do with Draycote, we venture, in opposition to the usually accepted tale, to submit that it was used as an emblem, appropriate enough, of the honourable office of " Bedel 33 or " Bailiff'''' which they held there under the Abbess of Shaftesbury as Lady of the Hundred of Bradford. October, 1872. W. H. Jones. 285 THE NINETEENTH MEETING OF THE BHtltjsfttre ^rrfjaeologtcal anti Natural 5?fetorrj Soctetrj, HELD AT TROWBRIDGE, Wednesday , Thursday, and Friday, 7 th, 8th, and 9th of August, 1872. PRESIDENT OF THE MEETING, Charles Penruddocke, Esq. p^pjHE proceedings of the Nineteenth Meeting of the Society gM^i opened at the Court Hall, Trowbridge, at one o'clock, on [Wednesday, August 9th, the President of the Society, Charles JPenruddocke, Esq., in the chair; who called upon one of the Honorary jSecretaries, Rev. A. C. Smith, to read the Report of last year's jproceedings and our present position, which that gentleman did as I" follows : — REPORT FOR 1872. " The Committee of the Wiltshire Archaeological and Natural History Society offers its Report of the operations of the Society I during the last twelvemonths with singular satisfaction, inasmuch i as it is at length able to announce that the acquisition of suitable premises for a library and museum at Devizes has been effected, and ( that the funds requisite for their purchase have, through the liberality of kind friends been collected, and that the buildings are now in j| course of alteration and preparation for their requirements, and that I the Society will very shortly be placed in the happy position of |J occupying apartments of their own, where they can more satisfactorily bestow their collections, and where the members of the Society can more conveniently examine the Archaeological and Natural History treasures, and consult the books in their possession. " Your Committee desires to recall to your recollection that one of the principal objects which the Society had in view from its inau- guration in 1853, was, by its first Rule, fto preserve, by the formation of a library and museum, illustrations of the history of the 286 Report for 1872. county, viz. : — published works, manuscripts, drawings, models, and specimens ; ' and by the sixth Rule it was resolved that such collections ' be deposited at Devizes/ as the most central town in the County. From that time to this the Committee has never lost sight of this desireable object, though it has waited the opportune moment with patience, but from year to year has kept the subject before the Society in the annual report, and expressed an earnest desire for its realization. " It is therefore with no ordinary pleasure that the Committee now congratulates the Society on its accomplishment, and desires to express its hearty thanks to those who have been most forward in the matter, amongst whom it would particularly mention the High Sheriff of the County for last year (Mr. Spicer), who presided at the special meeting called for the purpose, and threw himself heartily into the scheme, and headed the subscription list with a munificent donation : and also the Mayor of Devizes (Mr. Wittey) upon whom, (in conjunction with Mr. Cunnington) has devolved the principal labour of inviting the subscriptions of members, and collecting the necessary funds, and to whose energy in the work our present success is in great measure to be attributed. " To pass on to other matters : — The Committee has again the pleasure of recording the general prosperity of the Society; the number of names now on the books amounting to 321, or rather above the number of last year ; the reduction by death, withdrawal, or removal from the County being somewhat more than counterbalanced by the enrolment of new members. " In regard to finance, your Committtee is also able to speak encouragingly, inasmuch as our receipts for the past year have been fully equal to our current expenditure. e - With respect to the Magazine, two more numbers have been issued within the last twelvemonth, which we humbly venture to think will bear comparision with similar publications of kindred Societies : another number (the thirty-ninth, and completing the thirteenth volume) is now in the press, and will, we hope, shortly be in the hands of members. " Amongst the operations of the last twelvemonth, your Committee Report for 1872. 287 Is happy to report the preservation of the unique Anglo-Saxon Chapel it Bradford-on-Avon, alluded to in last years' Report, and in which the Society has taken a special interest : and for this timely rescue of an * invaluable relic of Saxon architecture we are indebted to the zeal and perseverence of the Rev. Prebendary Jones, and the Rev. E. L. Barnwell. ff In connection with this subject, it may be well to state that the preservation of the more remarkable monuments of antiquity is at length attracting the notice of Parliament ; and it is confidently jexpected that a bill will be brought in next session, with this object (in view, prominent in which will stand the great monuments of tntiquity of this County, of world-wide renown; but for whose reservation from wanton injury we are oftentimes, and not without (reason, anxious. "Your Committee also hails with satisfaction the Wild Birds ^Protection Bill, which has just passed its third reading in the House |of Lords ; and thinks it right to mention these bills, in its Report ' of the operations of the Society during the past twelvemonth, as in (the furtherance of both these bills, the Wiltshire Archaeological and I Natural History Society has taken part. " It remains only to offer our hearty thanks to those who have, I during the past year, contributed to our collections, among whom we would especially mention Mrs. Chamberlaine, of Seend, who has j enriched our Museum with a large cabinet, containing fossils and j minerals, chiefly collected in Wiltshire by the late Mr. George J Chamberlaine ; and Mr. Henry Butcher, of Devizes, who has added ; to our library the valuable publications of the Palaeontographical ; Society, contained in twelve volumes quarto. Your Committee j would also take this opportunity of especially urging on your attention ] the enrichment of our new Museum and Library, by the contribution of objects of interest from all parts of the County, as well as from other sources, again reminding you, that while isolated specimens, scattered amidst numerous owners are comparatively valueless, their collection and assortment and comparison with others of a kindred nature enhances their value a hundred-fold, while from the von fad of their being deposited in a Museum, they are seen and examined 288 President's Address. by numbers, so that every specimen may be said in some degree to help to illustrate the original or the natural history of our county. " Your Committee concludes the Report by once more urging on its many members in all parts of the county continued and careful observation of objects of interest in their respective localities ; and by again inviting communication with the Honorary Secretaries on all matters which shall come under their notice which shall tend to elucidate the past history of our county, or increase our acquaintance with its natural history On the motion of the Chairman, the Report was adopted and ordered to be printed ; the Vice-Presidents of the Society, the General Secretaries, the Local Secretaries, and Committee were re- elected, and other formal business of the Society disposed of ; and then the President addressed the meeting as follows : — Ladies and Gentlemen, — It gives me the greatest pleasure to appear before you to day, not only from the position in which I find myself as President of the Society, but as a fellow archseologist who is anxious to do his best to instruct and give you pleasure, and who is now much gratified at seeing so many friends present, ready to afford him encouragement and support. (Hear, hear.) This is actually the 19th anniversary of our Society, and it is with pride that I am able to tell you, once more, of the complete success which has crowned all our endeavours. Again we rally round us the best literary genius — the deep searcher of antiquarian lore, and the more humble but not less useful delver among our buried treasures. But also, I am proud to say, that we have gained the confidence of the great and wealthy people of this county. No longer is the anti- quary turned away from the door with an admonition to retire to some place popularly supposed to be exceedingly hot — (laughter) — - but invited to enter and inspect for himself, to then place on record what he has seen, and to publish it for the benefit of all. Nor does the archaeologist digest only the ponderous tomes which fill the libraries of our great mansions, and painfully extract sweetness from a musty parchment ! He sips a sweetness also from a cup of nectar which is most generously put to his weary lips, and he (but we must not make this public) digests a very good dinner at the expense of President's Address. 289 his entertainer. (Applause.) I assure you, ladies and gentlemen, and especially ladies, that it is a very happy time with archaeologists, and I would persuade you all to add the name of a friend or relative to our present list of members. I am glad to tell you that the Society is doing very well, that its members are increasing in number, and that the funds are adequate for all its requirements. Through the liberality of the members and of the county people, assisted by other friends, we have been enabled to purchase a building in Devizes which, with some alteration at a moderate cost, will be admirably adapted to form a museum for objects of very great interest which are now the property of the Society. I confess that at first I was not prepared to advocate the formation of a museum at Devizes, for I thought it might degenerate into a purely local one, and one without sufficient interest for the public generally — but I very soon altered my opinion, and now believe that this museum is really wanted, not only as the receptacle of such antiquities as may, and have, become the property of this Society, but also for those exhibitions of ancient relics — pictures and family collections — a sight of which is so much coveted by the enquiring public. It is not every one who has the chance, or perhaps can afford to spend a few days in London to see the wonders of the British Museum or the art treasures at Kensington. But with proper buildings in our own county we may show a number of exceedingly rare and valuable things, and thus bring knowledge to the very doors of the humblest individual. Do not let it be supposed that archaeology and archae- ological pursuits are necessarily confined to the upper classes, or to those of a superior intellect or education. It is the aim of this Society to inculcate a spirit of enquiry and research, and to encourage by all means a love for investigation, and to foster and cultivate a taste for the discovery of any thing which may serve to throw fresh light upon the habits and customs of our ancestors. It becomes of more consequence than may be at first imagined to persuade the plough-boy when he turns up a coin with his plough to refrain from rubbing it bright upon the first stone he can find, and to educate the drainer and navvy to spare the interesting but seemingly valueless objects which they meet with in their labours. We may 290 President's Address. all in our turn become archaeologists, and try to unravel the web which inexorable time has thrown over the history of the past : and though we may not succeed in our labours to the extent of those gTeat antiquaries who have secured so much for us, yet we may even aspire to assist them by our efforts. And here I should like to pause a .moment, and pay a tribute of respect to the memory of three of our members who have died since our last meeting. I cannot mention the name of Sir Thomas Phillips without saying that to him we owe the possession of one of the greatest collections of manuscripts which any one man at his own cost ever made. (Hear, hear.) To the wit, intellect and urbanity of the Rev. Prebendary Fane all who knew him can well testify. (Applause.) We shall find a charming paper written by him for the Wilts Awe Magazine, (vol. iii. p. 47) on Edington Church which we hope to visit in our itinerary. The assistance which the Rev. E. Wilton has given to this Society will cause him to be remembered as an able archaeologist, while his gentle, loving kindness shall keep his memory fresh in our hearts. (Applause.) We do not forget the labours of existing antiquaries and are very thankful for their contributions to our Magazine. To the assistance of our excellent Secretaries with their untiring zeal, displayed in all they do, and for all the excellent local as well as county support, do we owe our chief success. I might here perhaps allude to the Government Historical Commission, which has for its object the elucidation of history by a careful examination of papers and documents, which for the most part have remained until now shut up in the muniment rooms of our great county families, and to which, very rightly, access could never have been had, except through responsible persons. The Commission has visited Wiltshire, and Lord Arundell of Wardour has most kindly thrown his store open to them. In their report No. 2 is given a list of the principal papers at Wardour. The Marquis of Bath has also allowed his fine collection of manuscripts and historical documents to be examined, and without a doubt a summary of them will be given in their next report. Through the energy of Mr. Layard, when first Commissioner of Works, a special committee was appointed to draw up and submit to Parliament " a list of such regal and other historical tombs or monuments existing President's Address. 291 in cathedrals, churches, and other public places and buildings, as, in I their opinion, it would be desirable to place under the protection of the Government, with a view to their proper custody and preserva- tion/'' The Rev. Canon Jackson undertook to make a return for Wilts, which has been published in a tabulated form. The special j committee in their report say that they have taken only those monuments which are absolutely known to belong to those individuals to whom they were erected. Sir John Lubbock, on Monday night, j gave notice in the House of Commons that next session he should | move for leave to introduce a bill for the preservation of historic ] monuments of interest. (Hear, hear.) And perhaps I may be allowed to draw your attention to a work by Mr. Fergusson on Stone Monuments. He says a good deal about Stonehenge and Abury, and is of opinion in connection with Mr. Algeron Herbert and other antiquaries, that they are not so old as supposed. Of Stonehenge, in particular, he holds that it is of the fifth century. For my own part, I cannot offer a conjecture which is satisfactory to myself concerning the origin of this great Wiltshire antiquity, but agreeing perfectly with what has been said by a noble president of this Society, Lord Nelson, and strongly urged by Mr. Matcham, of New House, I hope with them to see a Stonehenge congress of savants composed of English, Irish, Welsh, and French, who, united in an assembly, shall form such an opinion as may perhaps set at rest this vexed question for ever. (Hear, hear.) I need hardly descant upon the great value of these proceedings, not only to the archaeologists of Wiltshire, but to the whole body of antiquaries. We still hope to see more of those u Parochial Histories ** so ably commenced by the Rev. Prebendary Wilkinson, and we shall gladly welcome any contribution in the shape of local history from our members, both new and old. And while we have such free leave given to us by our county families to examine their family papers and archives, I hope the students of Wiltshire topography may also in due course have free access to the Sarum registry. I am informed that free access has been obtained for the public to ancient wills and records in other registries — that all fees have been abolished and full power given to make extracts, which could only be done before by VOL. XIII. — NO. XXXIX. Y President's Address. the officers of the registry at a heavy cost. At a meeting in 1870 a suggestion was thrown out by me that the Society should form a collection of portraits of the " worthies of Wiltshire/' by means of photography. I feel certain that this work, if properly carried out, will interest everybody. We cannot afford to have copies of our splendid portraits which exist, but we may have excellent repro- ductions exhibiting a sufficient accuracy of feature and detail both to satisfy the eye and repay the cost of production. I plead that this suggestion may be acted upon hereafter. And now, my friends, I think I may turn to the subject of our present meeting, and see if I can give you a description of the bill of fare which has been provided for you. You will recollect that it was promised that at no distant day we should visit " Trowbridge and its district/'' after I having thoroughly investigated " Wilton and its surroundings " at our last meeting. We are now at Trowbridge, and have received a welcome from the inhabitants and principal personages of the town and neighbourhood, such as is accorded only to those happy archseo- \ logists whom I have before hinted at. Let me pause here to offer them our best thanks for all their generous kindness and hospitality. I It is very much appreciated, and will not be forgotten by any of us. You will hear a paper read to-day on the Chronicles of Trowbridge, from the able pen of the Rev. Prebendary Jones, and have an opportunity of inspecting the town before we meet at our anniversary dinner in the afternoon. Mr. Ravenhill is to give us a paper on Sir Walter Long, and at our Conversazione in the evening we shall hear papers on "the White Horses of Wilts/'- by the Rev. W. C. Plenderleath ; on the " Iron Ore of Westbury/' by Mr. W. Cunning- ton ; and on " Cuttridge and Brook-house/'' by the Rev. E. Peacock. . I must not enlarge upon any of these matters, or I might be accused of poaching upon other persons' manors, and I confess that I am i right glad that the matter is left in abler hands than mine. The derivation of Trowbridge at first sight appears to be from Trolebyrig, or the castle by the Trowle. On the west of the town is a hamlet called Trowle, and the Bridge over the Biss has been designated Trowlebridge,orTrovvbridge,but asStraburg is the name given to Trow bridge in Domesday Book it is more probably derived from " Trole " President's Address. 293 — of which I confess I don't know the meaning — and " burg/' which signifies a hill. Trowbridge in the days of the Normans had its Castle, which stood on an eminence now known by the name of Court Hall, and at present covered with factories. Around the Castle, the town grouped itself. In the 4th year of the reign of King Stephen, Humphry de Bohun, a great noble, held the Castle for Maud — daughter of Henry 1st, in such sort, says Dugdale, that it was impregnable, and withstood the attacks of the King. In the reign of Edward III., the Castle was held by John of Gaunt. Leland, in his Itinerary, speaking of the Castle in Henry VIII/s time says it stood on the south side of the town, but is now " clene down." There was in it "a. 7 very great toures, whereof peaces of 2 yet stand/'' Some part of the towers, remained as late as the year 1670. There is an engraving of the Castle, which answers to Leland' s description in a book called " The Church Restored," by the Rev. J. H. Hastings, late Rector of Trowbridge. It is taken from an old painting found some years ago within the wall in the house of the late Mr. Samuel Salter, and now in the possession of W. Stancomb, Esq., the lord of the manor of Trowbridge. After his little notice of the Castle, Leland says, (< the river runneth hard by the Castle." I am sure that it did not run blue in his time, as it does now, and I trust that it will eventually be made to resume its natural colour, and become a source of pleasure to the angler. (Hear, hear.) Well worthy of inspection is the fine parish church of this town, built about the year 1475. In the Register chest is still to be found a document containing the names of the contributors to the good work. Close to the church used to stand an almshouse built by James Terumber, " a very rich clothier," as Leland calls him who, in addition to its endowment, founded a chantry, and bestowed certain lands, which would in the present value of money be about £300 a year, for its maintenance. It is possible that at the dissolution of the chantry, the payments for the alms folk was neglected, as provision for the chantry and almshouse was made in the same deed. I am not aware whether any portion of the old building of Terumber's exists, but I am pleased to add that through the liberalit y of other rich clothiers, anew almshouse was built, and worthily endowed ; and Y 2 294 President's Address. moreover other almshouses have been erected by public subscription for the benefit of clothiers and others — benefactors who follow in the footsteps of their open-handed and generous townsmen. Beside the charity above named, there was a religious guild, which was called "the brotherhood of Corpus Christi/' formed, I believe, for the purpose of mutual help and association in religious exercises, and not in any way connected with trade. Leland, in his quaint way, says, "the Church of Throughbridge is lightsum and fair," " One Molines is parson there, a man well learnid." This learned parson was one Thomas Moleyns, who was appointed Rector of Trowbridge in the year 1528, and seems to have resigned about the year 1541. Let us not forget that the poet Crabbe was Rector here from 1814 to 1832. A monument by Bayly covers his remains in the chancel of this church. We hope in our excursion to-morrow to take in North Bradley. North Bradley is mentioned in Domesday Book. The owner was Walter Gifford, ancestor to the Earls of Buckingham, much of whose land came afterwards to Greyville or Greynville of Southwick, in that parish. The Longs of Draycot had the principal manor at one time, until it came to the Earl of Mornington, by maternal descent. In the fine church of Bradley is much that will interest the herald and anti- quary. The manor of Southwick, and the advowson of the chapel at Southwick Court, appear to have passed about A.D. 1341, to the heiress of Greynville or Greyville, and to Humphrey Stafford, father of John Stafford, Archbishop of Canterbury. The Arch- bishop's half-brother, Humphrey Stafford, of the " Silver-hand," left an heiress, Alice Stafford, who married Sir Edmund Cheney, and this brought the manor into the family. Afterwards by an heiress of the Cheneys, it came to Sir John Willoughby, of Broke, c. 1430. In 1483, Southwick was given by King Richard III. to his favorite, Edward Ratcliffe, but must have been restored to the Brokes, for in the year 1520 it was sold by Robert Willoughby, Lord Broke, to Sir David Owen, a supposed son of Owen Tudor. Part of these lands was sold by Henry Owen, to Sir Woolstan Dixie, Lord Mayor of London, who by will 1592 devized his lands here (worth £42 per annum) to Christ's Hospital ; another portion through various President's Address. 295 heiresses (useful creatures) reverted to the Longs of Whaddon, from whom it has passed to the present owner, Richard Penruddocke Long, Esq., of Rood Ashton. A very interesting sketch of the old Court of Southwick is given in the Collections of Aubrey and J ackson. Some part of Southwick belonging to Edington Monastery was held after the dissolution under Sir Thomas Seymour, Lord Sudeley, by Ambrose Dauntsey. The mortuary chapel appertaining to Southwick will repay an inspection. It contains the tomb of the Archbishop of Canterbury's mother, Emma, sometimes called the second wife of Sir Humphrey Stafford,sen.,and the interesting inscrip- tion to her memory still remains. At Coteridge in the ty thing of South- wick lived J ohn Trenchard, who died in 1723, and who was the author of the " Independent Whig." Brook House Farm, two miles north- west of Westbury, is built on the site of an old house of the Paveleys called Brook Hall, which successively passed into the hands of the Cheneys, Willoughby de Broke, and Blount, Lord Mountjoy and others, and now finally remains in the hands of Mr. Phipps of Leighton. Dugdale says that Lord Willoughby de Broke took his title from his residence at Broke, near Westbury, called from the little " torrent" running there. From Aubrey's description of Brook Hall, it must have been a place of some note, and Leland says it had a fair park with a number of oak trees of good quality growing in it. But on to Westbury— -Placed near the site, or rather on the west of an old Roman site, it appears to have obtained the name of West-bury. Westbury is mentioned in Domesday Book, and held a most respectable position. It is curious to find in the record that there were nine honey gatherers especially named as then being among the inhabitants of the town. At that time, as I believe it is now, the honey made by bees who gather their store in the vicinity of and upon the Wiltshire Downs must have been in special request. Till Henry the First gave land to the church at St. Mary's at Sarum, the whole of the manor and hundred of Westbury was in the hands of the king, and with scanty exception remained in possession of the Crown till King Henry III. gave all the remainder to Reginald de Paveley. His descendants held it for a long time, but at present the parish appears to be divided into six manors. The church is 296 President's Address. worth inspection. The chancel is supposed to be part of the nave of the old church, and portions of it partake of the Saxon character. Tradition still points out a site at Westbury Leigh as the residence of our Anglo Saxon Kings, and to this day it retains the name of the Palace Garden. In the south transept is a monument in the Corinthian style to James Ley, " that good 33 Earl of Marlborough, who was born at Teffont in South Wiltshire. Sir Richard Hoare has a good engraving of it in his work on Modern Wilts. In this church was formerly a chantry chapel built in the time of Henry VI., and founded by J ohn de Westbury and his son William. The latter was an eminent lawyer, who was called to the rank of serjeant-at-law in 1421, and justice of the Common Pleas in 1426. In 1861 the name of Westbury was selected for the title of his barony by the Right Hon. Sir Richard Bethel, Lord High Chancellor of England, who is a native of Bradford-on-Avon, in this county. Among the ejected ministers of Wiltshire is the name of Phillip Hunton, M.A., who was instituted to Westbury in 1657 and died in 1682. Westbury has of late become more known from its ironworks. A paper by my friend Mr. Cunnington, on this subject will be read to you. Aubrey, in his Natural History of Wiltshire, conjectures that the clothiers left Seend and settled at Trowbridge because the water being impregnated with iron was not proper for the lulling and washing of their cloth. Might this have been the case with the clothiers of Westbury? Erom Westbury we go to Bratton, with its pretty little church dedicated to St. James. Nestling at the foot of our Wiltshire Downs, near the summit of which is the white horse of Westbury, the quiet little village seems to rejoice in the protection of the earthwork above, called Bratton Castle, situate nearly 800 feet above the level of the sea. A description and history of the White Horses of Wiltshire will be given us by the Rev. W. C. Plenderleath, and I will refrain from risking too much of an opinion on their origin. I like to think of the old tradition, which makes the white horse the standard of the Saxons, but I find that the historian Henry of Huntingdon, speaks of the golden dragon as the standard of the West Saxons. However, the Bratton horse is evidently of a good breed, as Sir Richard Hoare tells us. President's Address. 297 (A laugh.) I am still content to think that King Alfred fought his decisive battle with the Danes at or near our Wiltshire Eding-ton in the year 878, and that the place called Dane Leys was the en- campment of the enemy, just before the King invaded their quarters, after his forced march from Athelney. Their retreat to their strong- hold over the downs above the scene of action prevented Alfred from making short work of them, as we should say now, but within fifteen days the Danes had to capitulate and to accept the terms of their victor. Researches have been made within the area of their camp, and vegetable earth and pottery have been found, and three skeletons ; but without doubt this camp would repay further in- spection. Through pleasant Wiltshire lanes we reach the beautiful church of Edington. Erected by Bishop Edington, a native of the place, and the predecessor of William of Wykeham in the see of Winchester, it is a good example of the transition from the decorative to the perpendicular style. It took nearly ten years in building. The first stone was laid in 1352. At Edington the Bishop founded a college for a dean and twelve prebendaries, so that the place was becoming of considerable ecclesiastical importance, but soon after he converted it into a brotherhood of the order of St. Augustine, but of a particular class called Boni homines or Bon homines. Edward the Black Prince is said to have had a particular leaning to this order of " good fellows," and on his return from France persuaded the good Bishop to adopt that species of monasticism. The interior of the church, with its curious old tombs and monuments will well repay attention. From its very altar was dragged the unfortunate Bishop Ayscough by Wiltshire peasants, during the rebellion of Jack Cade, and murdered on the downs, his assumed fault being that he was too much at Court, and did not exercise sufficiently the rights of hospitality in his diocese. On the north side of the church is still to be found a portion of the old conventual buildings, part of the buttressed wall of the garden, and the site of the monastic fishponds. Near Edington is the beautiful seat of Simon Watson Taylor, Esq, It derives its name of Erie Stoke from having belonged to Edward d'Evreux, Earl of Sarum. Of Steeple Ashton proper, which in- cludes West Ashton, Rood Ashton,Henton, Littleton,and Scmington, •298 President's Address. I fear I have not space for more than a slight sketch. The original name of the manor was simply Ashton, and was left by King Alfred \ to his youngest daughter by will for her maintenance. King Edgar, in the year A.D. 694, gave it to the nunnery of St. Mary, at Romsey, in Hampshire, to whom it belonged for 571 years. The general lordship of the whole manor at the dissolution was granted 1 to Sir Thomas Seymour, Lord Sudely. In 1610, it formed part of the maintenance of Prince Henry, son of James the First. At the present time the estate for the most part has become the property of Mr. Long, of Rood Ash ton. The Church, dedicated to S. Mary, was finished about 1500. The north aisle was built at the expense of Robert Long and Edith his wife — the south at the expense of Walter Lucas and his wife Maud. In the church are monuments to the j Long family, and to Beach and Bennett, of this parish. George Webb, who was Vicar here, became afterwards Bishop of Limerick in 1634, and died in Limerick Castle, where he was confined by the rebels. He was an author, and his portrait exists in one of his publications called the " Practice of Quietness/'' He was first rector of Sutton Mandeville, then of St. Martin Vin-the- Fields, London, and was ejected from Steeple Ash ton by the Act of Uni- formity. * * * I think that after you have examined the places of which I have now given you a slight outline, you will not un- naturally be glad to turn in at the lodge of my hospitable brother- j in-law, Mr. Long, and enjoy the delicious shade of the noble trees in driving through his park. At his residence we are sure to be sumptuously entertained — (applause) — and I feel very little doubt but that the ancient dust which we have been swallowing will be none the worse for being washed down by modern champagne. (Applause.) An interesting paper on Rood Ashton, and the ancient family of the Longs, will be read to you by my friend Canon Jackson. \ On the third day we propose to visit the romantic town of Bradford- on-Avon. A very curious old town is this, and of excessive interest, j as well to the geologist as to the antiquarian. It would be beyond my province to speak at length of this quaint old place, for everything that can be said, has been well said by the worthy vicar of Bradford in his contributions to our Magazine, but I may perhaps be allowed President's Address. 299 to draw your attention to the leading objects of interest, and especially as I see some new members present to whom such lore may be acceptable. Bradford takes its name from the broad ford over the Avon below the bridge, and which was in use even up to quite a late date. There is some proof that the Romans were in this locality about the year A.D. 62, and in the upper part of the town. The popular name of the " bed and bolster/'' given to their earth works, in allusion to their shape, is not a very bad recognition of a portion of their encampment. Bradford was the occasional residence of our Saxon kings, and by one of them, Cenwealh, who was King of Wessex, 652, Christianity was introduced into this town. That accomplished Bishop Aldhelm, founded a monastery here, and dedicated it to St. Laurence. It is just possible that a small portion of this building may be incorporated with the edifice now known as the Free School. The building itself was of the most interesting character. The great council of the nation was held here, and Bishops elected to vacant sees. Amongst others, Dunstan, Abbot of Glastonbury, was appointed Bishop of Worcester. Tradition speaks of a mint having been established at Bradford, but I find no corroboration of this. King Ethelred, in the year 1001, bestowed the manor of Bradford upon the Abbess of Shaftesbury, and by this very materially increased her revenue. The troublous reign of Ethelred proved disastrous to the monastery of St. Laurence, for the turbulent Danes, disgusted by the treachery of the King towards them, levelled it to the ground. Bradford under the Norman Con- quest appears to have retained its Anglo-Saxon population. The Abbess of Shaftesbury still had the manor, and the land was in many cases held by military tenure under the King. It is curious to note here that honey was made an article of payment, and that vines were cultivated in vineyards. From the chronicle of William of Malmesbury, we learn that King Stephen besieged the Castle of Trowbridge, and it is probable that Bradford did not escape being involved in the conflicts which were perpetually occurring in its neighbourhood. In the year 1295 Bradford sent two members io Parliament on the occasion of a proposed invasion of England by the King of France. At the dissolution of the monasteries the lay 300 President's Address. manor was leased out to Henry, Earl of Pembroke, by Queen Elizabeth, and afterwards to Sir Francis Walsingham. It then came through a series of changes to the Hobhouse family. The troublous times of the Commonwealth affected many of the chief people of this town and neighbourhood, who had to compound for their estates. Amongst others was Edward Yerbury, members of whose family were involved in the insurrection against the Protector, Oliver Cromwell, and more properly known as " the Penruddocke Rising-" in 1655, but they fortunately escaped the death which fell to the lot of my brave ancestor. During Monmouth's rebellion part of the forces of King James II. fell back upon the town. A pair of pistols, left by an officer of the Duke of Monmouth, were exhibited in the local museum at the last meeting of the Society at Bradford just fifteen years ago. The woollen manufacture in this town, even as far back as the time of Lei and the historian, was of considerable importance. Paul Methuen, the leading clothier of the day in the 17th century, raised the character of the manufacture by introducing " spinners " from Holland. That portion of the town where those spinners lived still goes by the name of Dutch Barton. The church, certain portions of which partake somewhat of the Norman character, is worth a visit, and has many tombs and monuments. On the sum- mit of Tory Hill are the remains of a chapel dedicated to the Virgin Mary, and a small chapel originally used for mass is still in existence on the ancient bridge of the town, while the ecclesiastical looking barn at ^Barton may claim your attention as a work of the 14th century. Efforts are being made to preserve and completely restore the Saxon church of St. Laurence, to which I have alluded, and this society has already contributed the sum of £25 towards that object. (Applause.) Conspicuous from the railway is the Jacobean house, built by one of the Hall family, and afterwards the residence of the Duke of Kingston. Here lived that very eccentric lady, the notorious Duchess of Kingston. The house, after falling into disuse, happily passed into the hands of Mr. Stephen Moulton, a magistrate of this county, who has restored it in the best manner with great taste and judgment. Our route will now be through the picturesque village of Westwood, with its pretty church and interesting old President's Address. 301 [Manor House of the 15th century, and Winsley demands attention as having been the scene of one of Alfred's battles with the Danes. Turley House, the birth-place of Edmund Burke, is close by, and Freshford reminds us of the gallant Sir William Napier, who there wrote his " History of the Peninsular War/"' We may, in imagination, see the Monks of Cluny in their Priory at Monkton Farley and the Carthusians at Hinton Charterhouse, while Hinton Manor House, built out of the ruins of their Abbey, and now the residence of E. T. O. Foxcroft, Esq., will recall the memory of the magnificent Hungerfords. At South Wraxall is a curious old mediaeval Manor House. Over the entrance gate is a little room with a pretty oriel window. Some parts of the house are said to have been built by Robert Long, M.P. for Wiltshire, 1433. The drawing-room has a highly-ornamented plaster ceiling, and a splendid chimney-piece with carved figures and quaint inscriptions. Walker, in his " Pugin's Gothic Architecture/'' gives elaborate details of this fine old Wiltshire mansion. At a short distance from it are the remains of a small chapel temp. Ed. L, now enclosed in a modern house. This chapel might possibly have been a resting-place for pil- grims on their way to the shrine of St. Joseph of Arimathea at Glaston- bury Abbey, like Chapel Playster, which Aubrey distinctly speaks of as a place of entertainment for pilgrims going to Glastonbury. The date of Chapel Playster was probably about 1480. The old Wiltshire Chronicler speaks of it as " the chapelle of Playster/'' Possibly, it might have been built by a person of the name of Plaister, but I am more inclined to agree with Mr. Lower, who in his " Patronimyca Britannica says that Playster is a corruption of Play stow — i.e., locus ludorum — a place of play for the recreation of the inhabitants of a parish. White, in his delightful history of Selborne, describes such an open place, which was called Plestor. Near this little chapel Playstor stands a small house which was at one time the head- quarters of the celebrated Wiltshire highwayman — Thomas Boulter, whose father was a miller at Poulshot, near Devizes. It is said that he possessed a famous black mare, called " Black Bess/' which was reared by Peter Delme, Esq., of Erie Stoke, and was a descendant of the far-famed Black Bess of Dick Turpin. Before returning to 302 President's Address. Trowbridge, we ought to see Great Chalfield. It is interesting as having been an outpost of the Romans, and for the remains of a fine j Manor House of the 15th century. The best description of this building is to be found in Walker's vol. iii. of " Pugin's Examples of Gothic Architecture/'' It is said to have been built by Thomas | Tropenell, who died in 1490, and who, with Agnes his wife, who j was the daughter of Wm. Ludlow of Hill Deverill, lies buried under an altar tomb in Corsham Church. Chalfield is mentioned in Domesday Book under the name of Caldefelle, and was held by Ernulf de Hesding of the king. The manor of Great Chalfield was held by Sir William Rous of the Earl of Salisbury as part of the " honour" of Trowbridge (which belonged to the Duchy of Lancaster) . By virtue of this manor Rous and the Lords of Chalfield, for the time , being, were Constables of Trowbridge Castle. Great Chalfield" was in the possession of the Norman family of Percy, but a certain Constance Percy described in the old MS. as "Bedfellow and Cousin'''' of Master Robert Wayville, Bishop of Salisbury, and afterwards widow of Sir Henry Percy, did marry a second husband, and prove " very naughty/'' and an expensive lawsuit arose about the Manor of Chalfield ; but at length, about the 24th year of Henry VI., Thomas Tropenell, who was connected by marriage with the Percys, recovered the greater part, and afterwards the whole, except the constableship of Trowbridge Castle, which of right belonged to the Manor. In the time of Edward III., Philip Eitzwaryn held the Manor, which successively passed from the Tropenells through the want of male heirs to the family of Eyre, and to Sir John Hanham, by whom it was sold to Mr. Hall. A daughter of Mr. Hall brought the property to the last Duke of Kingston, who sold it to the family of Neale, descendants of the O'Neals, Dukes of Tyrone, Ireland. The church of Chalfield would appear to be even older than the manor house. In it is a beautiful chantry chapel built by Mr. Thomas Tropenell and adorned with the j arms of his family, shewing his descent from the Percys. Near Holt we see, on a grassy hill overlooking the river, the little church of Whaddon, which contains some interesting memorials of the Long family. At Whaddon there formerly stood a fine manor-house The Nineteenth General Meeting. 303 whose site is marked by the grand old elms which still surround it. "Wyke House, at Staverton, the residence of Captain Perkins Clark, is a good specimen of the domestic architecture of James I. It, at one time belonged to the Vynour family. Sir Henry Vynour was living there in 1623. His mother was a daughter of Robert Long, Esq., of London. And now pray forgive me for trespassing so long on your time, and let me thank you very much for the kind attention which you have bestowed upon my efforts. (Mr. Penruddocke re- sumed his seat amidst great applause.) The Rev. A. C. Smith moved a cordial vote of thanks to the Chairman for his very able address: they had already had experience of the capabilities of their President as an Archaeologist at Wilton, therefore they expected an excellent address from him, and most certainly they were not disappointed in their expectations. There were two or three matters touched on in the address on which he desired to say a few words. Reference had been made to the work of Mr. Fergusson and the strange doctrines it contained ; speaking for himself and for many of his friends around him, (he believed he might say for the Wiltshire Archaeological Society generally,) they utterly repudiated the theories which that gentleman had thought fit to broach. They could not bear to think that their grand antiquities at Avebury and Stonehenge were post- Roman : and they did not believe it for a moment. With regard to the parochial histories which had been alluded to, he (Mr. Smith) had now in his charge the histories of some 65 parishes in the county, and there were others now in the course of preparation : he was about to issue with the Bishop's sanction, fresh applications to those incumbents who had not yet responded to the Society's appeal, and he hoped the result would be that eventually they would obtain a history of every parish in the county : these histories would hereafter, by the express desire of the Bishop, be deposited in the Society's Library at Devizes, where they would be open to the inspection of the clergy and others. One other matter he would mention, and thai Was the want of a competent entomologist to elucidate the insect branch of the Natural History of the County : he trusted that some one whose taste lay in that direction would volunteer to supply the 804 The Dinner. information needed, and communicate with him on the subject. W. W. Ravenhill, Esq., then read a very interesting paper on | " Sir Walter Long-, which will be printed in ex ten so in a future number of the Magazine, and for which the President tendered the learned author the best thanks of the meeting. The Rev. Prebendary Jones, F.S.A., gave a very able address on the " Early Annals of Trowbridge ; " and with this also in full it is hoped that the pages of the Magazine will be enriched. This terminated the proceedings of the morning meeting, and the company then proceeded to examine the various objects of interest with which the temporary museum was filled, while others visited the churches and other objects of interest in the town. THE DINNER Took place at the George Hotel, at half-past five o'clock, the President of the Society in the chair. After other complimentary toasts, Archdeacon Stanton, in replying to that of the Bishop and Clergy of the Diocese, said that as a member of the clerical body, he felt that they owed great gratitude to the Archaeological Societies of England. Their Society was only one of many, for now, he was happy to say, they had them in almost every county in the land. In the preservation of everything that was valuable in antiquities they found powerful handmaids in those Societies. They found that wherever their annual meetings were held, they stirred up a great deal of interest in regard to old buildings among people who were previously indifferent to such matters, and were also the means of preventing that neglect which prevailed in many places, and in consequence of which many valuable buildings had been permitted to fall into decay. But he could not help admiring the great change which was coming over England in the rapidly extending, intelligent desire for the preservation of objects of antiquity. They were be- ginning to find that there was a latent spirit — a kind of instinct — of archaeology in all persons. They had all tastes of some kind in that way ; some liked old books, some old houses, some old manuscripts, some old pictures, some old castles, and some old cathedrals. Now, all those varied tastes existing among them, Hie Nineteenth General Meeting. 305 bound them together as friends. (Hear, hear.) Those meetings were not only a source of benefit in their tendency to spread a regard for preservation of old buildings — for they valued the old landmarks of the land — but they were a fund of wealth to the country because those . ancient edifices which enriched the country attracted from foreign lands — especially from America — men who admired such things and who had not in their own country such treasures as England possessed. Those Societies were engaged in various places, restoring beautiful and valuable old structures, and men were coming from distant lands to admire those things which our forefathers had committed to our keeping. (Hear.) His conviction was that if such Societies had existed 200 or 30 0, instead of 40 or 50 years ago, there would be a very much larger number of architectural and other treasures in existence ; and he trusted that that Society and all Societies having similar objects, would meet with all the encourage- ment they deserved, no matter where they held their annual meetings. (Applause.) In acknowledging the toast of the General Secretaries, the Rev. A. C. Smith congratulated the members upon the prosperous state of the Society, and upon the erection of a building at Devizes for its use. He said it was very gratifying to observe that the spirit of archaeology, and a love of natural history was penetrating into every part of the county, and that there was great hope that the antiquities of the county would be more carefully preserved than they had been hitherto. (Hear, hear.) Professor Donaldson, in responding to the health of the visitors, said that there was one sentence in the President's address which touched him, and that was the allusion to the building which had been taken at Devizes for the purposes of the Society. He was of opinion that there was a great deficiency in the country of buildings of that kind. He thought there ought to be in every county some central place in which there should be a due representation in every respect, in regard to the arts, sciences, literature, and antiquities of the county. (Hear, hear, and applause.) If they went abroad — to France or Italy — they found a civilising power in the districts which was of great importance in the form of museums for the superior 306 The Conversazione. education of the people, schools in which the people were well educated, but above all there was a museum or gallery in which antiquities were collected, where there was also a good library, and a room dedicated entirely to the productions of the artizans of the county in which the museum was situated. (Applause.) Nothing could be more instructive or interesting than to go through such museums, and they could not fail to be a great stimulant to the youth of the country as they inspected the work of their clever fellows in the district. (Hear, hear, and applause.) THE CONVERSAZIONE was held in the evening at half-past seven, at the Court Hall, when the President first called on the Rev. W. C. Plenderleath for his promised paper u On the White Horses of Wiltshire and its neigh- bourhood," and which proved to be a most able and exhaustive treatise, evidencing great diligence and research, as the members may see for themselves at a future page of the Magazine. Dr. Thurnham, F.S.A., remarked that there was once a white horse near Devizes on the side of Roundway Down, which Mr. Plenderleath had not mentioned ; he was told that it was formed about the year 1845 ; but now it was nearly, if not quite obliterated. Mr. Cunnington, F.G.S., then made some remarks upon the geology of the neighbourhood of Westbury station, and exhibited specimens of ores, furnace products, and fossil remains from the Westbury Iron Works. He alluded to the remarkable advantages afforded to Geology by the numerous sections opened by the railway cuttings throughout the country. Many interesting Geological phenomena were shown during the construction of the Wilts, Somerset, and Weymouth Railway, passing as it does over the chief deposits of the Oolitic strata, in a district singularly rich in fossil remains. The late Mr. Reginald Mantell, son of the well known Dr. Gideon Mantell, was appointed resident engineer of the line, and his paper on the strata and organic remains of the Branch Railway, published in the Geological Journal, Vol. vi., 1850, affords evidence of his ability as a Geologist. The Conversazione. 307 Mr. Mackniel, for many years known as an active local Geologist, and who lias kindly undertaken the office of curator to our temporary museum, was also an observer on the spot. Professor Morris de- scribed the fossil remains : and to these three gentlemen alone is due the credit of preserving any notes of the Geology of the Wilts, Somerset, and Weymouth Railway. Since Mr. Mantell's time, the geology of Westbury has attracted much attention from the important discovery of the valuable iron ore. Mr. Cunnington took this opportunity of correcting an error in the published section.1 The iron of Westbury is not derived from the Lower Green Sand, which stratum is altogether wanting at West- bury ; but from certain beds of pisolitic shale belonging to the Kimmeridge Clay. In support of these views, he stated that the shale from which the iron is smelted contains numerous layers of the Ostrea deltoiclea, the characteristic fossil of the Kimmeridge Clay, and that to the south of the works the iron shale is covered with a bed of pure Kimmeridge Clay, with all the usual fossils of that stratum. He further drew attention to the remarkable fact that these Kimmeridge Clay beds yield in the furnaces both zinc and titanium ; the former in the metallic state, the latter as titanium cyanide. Unfortunately neither occurs in sufficient quantity to be of value — the zinc on the contrary is injurious to the furnaces. He mentioned that both these metals are absent from the Seend iron ore, which is Lower Green Sand. Mr. C. also suggested that the presence or absence of these metals might aid the geological chemist in deter- mining the ancient rocks from which the Kimmeridge Clay and other secondary strata derived their origin. Regarding the Oxford Clay of Trowbridge, Mr. Man tell mentions that the abundance of fossils in some'of the beds is truly astonishing-, especially the immense numbers of the shells and osselets of Cepha- lopoda? "Often in exposing an area of clay or shale many yards in extent, the whole surface was studded with the glittering pear- ly shells of Ammonites of various species, and the numerous 1 Geol. Jour., vol. vi., 1850. a [bid, i>. 314, VOL. XIII. — NO. XXXIX. Z 308 The Nineteenth General Meeting. phragmacones of Belemnoteuthis, intermingled with Belemnites." Professor Morris, who supplied the list of organic remains found during the excavations,1 named a fine species of Ammonite, which has hitherto been only found at Trowbridge, Ammonites Reginaldi, in honour of the discoverer. Specimens of this shell, and of other Oxford Clay and Kimmeridge Clay fossils from Mr. Cunnington's museum were exhibited. The Rev. E. Peacock read a short paper on " South wick Court, Cutteridge, and Brook House/'' which were to be visited on the following morning : and with this the proceedings of the day termi- nated. » SECOND DAY'S PROCEEDINGS. THURSDAY, AUG. 8th. On Thursday morning the Archaeologists assembled in considerable numbers before the George Hotel, and proceeded in breaks and carriages of various descriptions, under the guidance of the Honorary Secretaries, on the first excursion. First they visited the old house at Cutteridge, of which they had heard some interesting particulars on the previous evening from the Rev. E. Peacock, but of which but few remains now exist; the old gardens, however, and its magnificent vines, whose antiquity even archseologists would find it difficult to define, attracted no little admiration. From Cutteridge they proceeded by Brook House to Westbury, and the road they traversed was, at all events, worthy of mention ; for throughout a distance of something more than a quarter of a mile, they passed up the bed of a stream, between its two high banks, while the water reached above the axles of the carriages ; and this not (as was at first supposed) from any overflow in consequence of the late heavy rains, but it was the regular ordinary condition of things, that the same narrow channel should serve both for river and for road, an economy of space, doubtless, highly to be commended in a working neighbourhood, though a little inconvenient perhaps under certain circumstances,for example in the case of a refractory or jibbing horse, for there was no possibility of retreating, when once in the bed of the stream ; or in the case of meeting another conveyance, arriving 1 Idem, p. 315. Second Bay's Proceedings. 309 from the opposite direction, for to pass or turn were equally im- possible j or in the event of darkness, when such a passage would be attended with danger. However, the Archaeologists reached Westbury without mishap, and proceeded at once to the fine old church, where they were met by the Vicar, the Rev. H. H. Duke, who courteously conducted them through the building ; and here they spent some time in a full examination of the many points of interest therein. Pressed for time, for they were already behind the hour named in the programme, they were obliged to decline the hospitable invitation of the Vicar, and to omit a visit to the iron works, which was proposed, and to hasten on to Bratton. Before, however, they reached that village, the more enthusiastic, which included the great bulk of the ex- cursionists, left the carriages to find their way to Bratton, whilst they scrambled up the steep slopes of the down to the White Horse and the British earthwork known as Bratton Camp or Castle which crowns the commanding eminence overlooking the plain, and which has been celebrated since the time of Camden, as the supposed stronghold of the Danes, whither they fled after the battle of Ethandun, and where they were besieged by Alfred. Here their party was reinforced by additions from Rood Ashton, and here, standing on one of the Long Barrows which lies on the brow of the Down, a very interesting lecture (printed in a later page of this Magazine) was given by Dr. Thurnam, than whom no better ex- ponent exists, of the long barrow in contradistinction to the round ; of the earlier character of the former, as evinced by the long oval form of skull, the " dolico-cephalic " form, as it is technically st}ded ; as also the details of the opening of this barrow, first by Sir Richard Hoare and Mr. Cunnington, and afterwards by himself. The refreshing breeze which always blows on these heights, and the magnificent and very extensive view, combined to induce our archaeologists to linger, but the whistle of the Secretary was sounded, and a pleasant walk down the hill conducted to Bratton Church, where their arrival had long been expected by those w ho had not scaled the Down. Here they were met by the Vicar, the Rev, R. Pyper, who very kindly pointed out the more remarkable features of z 2 310 Hi M*eUe*ti G**