iw p i'JAe, i(ft^' ■(■ij I ! ^ ^ ^JSS^a^^i^S^SSL- M pt JIttfara. N»m ^ork BOUGHT WITH THE INCOME OF THE SAGE ENDOWMENT FUND THE GIFT OF HENRY W. SAGE 1891 §eH-9^ ■■■■'■ ' i i' i : ., 4^ ^g^g|g.. The date shows when this volume was taken. To renew this book copy the call No. and give to the librarian. ... :....u.j. „ HOME USE RULES D6Ci.6.'.47M. ^ Books subject to recall AH borrowers must regis- ter in the library to borrow books for home use. All books must be re- turned at end of college year for inspection and repairs. Limited books must be returned within the four week limit and not renewed. Students must return all books before leaving town. Officers should arrange for the return of books wanted during their absence from town. Volumes of periodicals and of pamphlets are held in the library as much as possible. For special pur- poses they are given out for a limited time. Borrowers should not use their library privileges .for the benefit of other persons. ■ Books of special value and gift books, when the , giver wishes it, are not allowed to circulate. Readers are asked to re- port all cases of books marked or mutilated. Do not deface bo^s by m.arks and writing. Cornell University Library DA 380.H21 Quarter sessions from Queen Elizabeth to 1924 026 422 950 .^ > QUARTER SESSIONS FROM QUEEN ELIZABETH TO QUEEN ANNE. LONDON : GILBERT AND EIVINGTON, PKINTERS, ST. John's square. QUARTER SESSIONS FROM QUEEN ELIZABETH TO QUEEN ANNE; ILLUSTRATIONS OF LOCAL GOVERNMENT AND HISTORY Ilraton torn ©rigittal |Xe£ori)B (chiefly of the county of DEVON). A. H. A. HAMILTON, AUTHOR OF "MEMOIR OF SIR JOHN NORTHCOTE," ETC. LONDON: Sampson low, marston, searle, & rivington, CROWN BUILDINGS, i88, FLEET STREET. 1878. l_AU rights resei-ved. ] ftSsg\Mr^ l^bkatfb ta THE RIGHT HON. WILLIAM REGINALD, EARL OF DEVON, P.C, D.CL., AMONG WHOSE MANY TITLES TO THE GRATITUDE OF HIS COUNTY IS THAT OF HAVING DISCHARGED THE DUTIES OF A CHAIRMAN OF QUARTER SESSIONS FOR A PERIOD OF FORTY-TWO YEARS. Fairfield Lodge, Exeter, Michaelmas, 1878. The original of tliis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924026422950 INTRODUCTION. This volume consists almost entirely of a series of papers contributed to Fraser's Magazine during the last two years. I have been encouraged to reprint them in a more permanent form, but the utmost that I can hope for them is that they may be recognized as affording some glimpses of the history of England from a new point of view. It is not easy to find any material for history which has been neglected by the diligent explorers of recent times, but I cannot discover that any use has been hitherto made of the records of " Quarter Sessions." They are not a very inviting study, for the great bulk of them is composed of merely formal and very monotonous documents, from which the more valuable facts can only be extracted by much patient labour. I venture to think, however, that the labour has not been without its reward, as it has recovered some clear and most trustworthy evidence respecting the condition of the provincial districts of England in former times. a CONTENTS. PAGE INTRODUCTION ix QUARTER SESSIONS UNDER QUEEN ELIZABETH ... I QUARTER SESSIONS UNDER JAMES THE FIRST. PART I. . 35 QUARTER SESSIONS UNDER JAMES THE FIRST. PART II. . 66 QUARTER SESSIONS UNDER CHARLES THE FIRST j . . lOO QUARTER SESSIONS DURING THE CIVIL WAR . . . .127 QUARTER SESSIONS UNDER THE COMMONWEALTH . . .150 QUARTER SESSIONS UNDER CHARLES THE SECOND. PART I. . 1 72 QUARTER SESSIONS UNDER CHARLES THE SECOND. PART II. 201 QUARTER SESSIONS UNDER JAMES THE SECOND . . .225 QUARTER SESSIONS UNDER WILLIAM AND MARY . . .251 QUARTER SESSIONS UNDER QUEEN ANNE 267 THE TRIAL OF TWO QUAKERS IN THE TIME OF OLIVER CROMWELL 295 THE JUSTICES OF THE PEACE FOR THE COUNTY OF DEVON IN THE YEAR 1592 32I THE JURISDICTION OF THE LORD WARDEN OF THE STAN- NARIES IN THE TIME OF SIR WALTER RALEIGH . . 349 THE CASTLE OF EXETER 354 INDEX 361 INTRODUCTION. This volume consists almost entirely of a series of papers contributed to Fraser's Magazine during the last two years. I have been encouraged to reprint them in a more permanent form, but the utmost that I can hope for them is that they may be recognized as affording some glimpses of the history of England from a new point of view. It is not easy to find any material for history which has been neglected by the diligent explorers of recent times, but I cannot discover that any use has been hitherto made of the records of " Quarter Sessions." They are not a very inviting study, for the great bulk of them is composed of merely formal and very monotonous documents, from which the more valuable facts can only be extracted by much patient labour. I venture to think, however, that the labour has not been without its reward, as it has recovered some clear and most trustworthy evidence respecting the condition of the provincial districts of England in former times. a X Introduction k These papers are founded in great measure on the re- cords of the County of Devon, which I have had the fullest opportunities of investigating. But I think I am justified in asking my readers to accept that county as a type of the more civilized parts of England during the space of time to which this volume relates. It happens, too, that the records of Devon commence at an earlier period, and are fuller in detail, than those of any other county with which I am acquainted. The earliest records are in this case certainly the most valuable. The affairs transacted by Quarter Sessions were undoubtedly of greater impor- tance in the reigns of Elizabeth and James I. than they have been since. It is perhaps not too much to say that they have been continually dwindling, and it seems to be fated that the reign of Queen Victoria should reduce them to utter insignificance. The records of Quarter Sessions in Devonshire com- mence in the year 1592. There are very few counties in which they are older than the time of the Civil War. In Somerset they begin in I647. In Bucks they commence in 1678. An account of the records of that county down to the death of Queen Anne is comprised in the present volume. In Oxfordshire there are no papers earlier than the Revolution of 1688, and those subsequent to that date are very scanty. There are no regular Sessions Books earlier than the year 1761. I am informed that in Cheshire, Westmoreland, and Wilts, there are records extending from Introduction. xi the reign of Elizabeth, with some few lacunce. These, I believe, are the only counties which can be compared in this respect with Devonshire, As Quarter Sessions were established certainly as early as the reign of Edward III, we ought to have records of them for two centuries before the time of Elizabeth. But very little care was bestowed upon such matters in former ages. Until the present cen- tury, scarcely any county had provided a Record Room. It was the practice for the Clerk of the Peace to keep the public papers at his private residence, or anywhere he pleased, and at his death they were transferred, or supposed to be transferred, to his successor, who was probably not very anxious to be burdened with several waggon-loads of damp or dusty documents. In conclusion, I must express my thanks to the Duke of Somerset, Custos Rotulorum of Devon, and to Acton Tindal, Esq., Clerk of the Peace for Bucks, for the facilities they have kindly afforded me for examining the documents under their care, as well as to J. R. Pine Coffin, Esq., for the curious letters of the time of James the Second. QUARTER SESSIONS. QUARTER SESSIONS UNDER QUEEN ELIZABETH. Having an opportunity of examining the records preserved in the office of the Clerk of the Peace for the county of Devon, it occurred to me to' see whether I could find any- thing bearing upon the heroic age of Devonshire, when that county had to stand in the front of the battle against the Spanish invaders. In the primary object of my search I was disappointed. Nothing relating to the Armada occurs in the books containing the orders of Sessions, ex- cept the familiar names of certain actors in that great drama. It happens that those books commence just after the time of the Armada, in the year 1592. Whether any previous books existed, or whether the records had .up to that time been kept in detached papers, is not certain. But, from some of the first entries, it would seem that the county business had been done in a somewhat lax way, and that the commencement of these books coincided with a stricter rule, and a more accurate performance of the duties of that ancient body the Justices of the, Peace, 2 Quarter Sessions under Queen Elizabeth. the form of whose commission had been remodelled by the King's Bench in the year 1590. One of the first documents entered in the order-book is a letter from the Lords of the Council to the Justices of Devon, dated October 20, 1592. It is signed by the Lord Keeper Puckering, and by Burleigh, Howard, Huns- ■don, Buckhurst, Cecil, WoUey, and Fortescue, and is addressed to the Earl of Bath, Lord-Lieutenant of Devon, Sir William Courtenay, Sir John Gilbert, and Sir Francis Drake. It begins by reciting that the Queen's Majesty has been informed that some persons exercise the office of Justice of the Peace without having taken the necessary oaths, and, as it is difficult to distinguish those who have done so from those who have not, her pleasure is that all justices, " without prejudice," should immediately take them. Copies of the oath of a justice, of the oath of supre- macy, and of the writ of Dedimiis potestatem are enclosed. Minute and strict directions follow. The oaths are to be taken in open court, first by the four to whom the commis- sion was addressed, and then to be administered by them to the other justices, " saving that the Lords of Parlia- ment are excepted by the Act from taking the oath of supremacy." Those justices who refuse the oaths, who are resident out of the county, or who are absent from any cause, are to be reported to the Lord Keeper. And then follows what appears to be the real cause of the order, the increased activity of the Government against " recusancy," which marked the latter years of the reign of Elizabeth. Her Majesty has been informed — " That divers persons doe occupy the offyces of Justice "of the Peace whoe doe not repayer to there churche or " chappell accustomed, or upon reasonable lett thereof to Quarter Sessions under Queen Elizabeth. 3 "some other place where common prayer is used and " accustomed for divine servyce, or whose wyves lyvinge " with their husband, or sonnes and heyres lyvinge in there " houses or within that county where there fathers doe " dwell are known to refuse to come to the churche, contrary " to the statutes in that behalffe made . A matter not " agreable with the vocacon of any that ought to enquyer " of such offenders, and to reforme the same." It was, therefore, her Majesty's pleasure that all recusants, or husbands or fathers of recusants, should be left out of the commission of the peace. In the reply of the Earl of Bath and the three knights we have what is probably an almost complete roll of the justices of Devon in the year 1592. They were fifty-five in number. Some of them, perhaps, were not much wiser than the gentlemen of the " coram " and " custalorum " immortalized by Shakespeare, though we may suspect that the mind of the poet was somewhat prejudiced by his poach- ing propensities. But they were certainly not all Shallows or Silences. Besides Drake and Gilbert, there were several who showed themselves fit for greater things than guiding the Court of Quarter Sessions. Such were George Gary, of Cockington, afterwards Lord Deputy of Ireland ; John Wolton, Bishop of Exeter ; William Peryam, Chief Baron of the Exchequer : Serjeants Harris, Glanvyle, and Edward Drewe, Recorder of Exeter, and afterwards of London ; and Hugh Pollard, who raised the county, as Sheriff of Devon, in the year of the Armada. The " three Serjeants " were those thus immortalized by Fuller : — t spent I One< gave ^ as much as the other two. (.gained i B 2 4 Quarter Sessions under Queen -Elizabeth.. Other well-known names occur in subsequent entries, such as that of Sir Ferdinando Gorges, who attained an unenvi- able notoriety at the trial of Essex ; and Edward Earl of Bedford, appointed Gustos Rotulorum (not Lord-Lieu- tenant) in 1596. Many of the names are still flourishing in the county, such as Courtenay and Seymour, Fortescue and Bamp- field, Acland and Carew, Parker, Wrey, and Walrond. We remark the absence from this list of the greatest name that we might have expected to find in it. Sir Walter Raleigh, though he sat in Parliament as member for Devon, held, as Lord Warden of the Stannaries, an independent jurisdiction over a great part of the county ; and we find more than one communication from him to the sessions regarding the rights and privileges of the " Tynners." We have a letter of Sir Walter's, written from " Durham House," February 15, 1592, complaining that several "tyn- ners " had been summoned to appear before Mr. Serjeant Glanvyle for refusing to contribute to the repair of a bridge, which had been accustomed to be repaired by the borough of Okehampton. The letter civilly urges the charter and customs of the Stannaries, and represents that the rates and taxes are " overburthensome to poor men in regard of their daily travell and disbursements employed about the mynes." But it ends with a threat to have the cause heard before the Privy Council, and then comes the characteristic postscript : " I will myselffe give order that the tynners shall contribute unto the bridge, ifj upon examynacon, I find cause to urge them thereunto, but not by any forren aucthoritie!' What answer the county authorities returned to this letter does not appear ; but in the next year we find a letter from the Queen, " Given under our signett at None- Quarter Sessions under Queen Elizabeth. 5 such," confirming in the amplest manner the privileges, liberties, and immunities of the " tynners " and tenants of the Duchy of Cornwall ; " amongst which the chiefest was that they should not be mustered, taxed, charged, or rated with any ymposicon, chardge, or servyce, but only by there warden or chieffe councell ;" also that they should not be compelled to answer for any cause (" pleas of land, lyfe, or meyhem only excepted ") before any judge, officer, or magistrate, other than the warden and officers of the Duchy, from whom the appeal lay to the Privy Council, and from them to her Majesty's royal person. The victory evidently remained with Sir Walter, and he seems to have been not unwilling to improve it. In 1595 we have a polite letter from the justices to the Lord Warden, in answer to one in which he seems to have accused them of having " gone about to intermeddle " in his juris- diction. They assure him that he has been " misinformed by some unadvised and undiscrete persons, who, we think, rather desire to sett some discord between you and us than to uphold your liberties." Sir Walter had also written that two persons (Voysy and Wright) had "delivered slanderous and skoffing speeches touching his late occasion at sea," to which the justices reply that they had examined into it, and " fynd noe such matter," for if they had, "you should assure your- selff we would have dealt in ytt according to the quality of the offence." With which somewhat ambiguous assurance the justices send their " very harty commendacons." The privileges and immunities of the Stannaries led to frauds and abuses, as such things usually do, and the last order entered in the reign of Elizabeth recites "that dyvers of the principall inhabitants of sundrye parishes within this 6 Quarter Sessions under Q-ueen Elizaheth. countye have of late tyme verie fraudulently interested themselves in some Tynworke, under colour thereof to be protected and discharged against the generall and necessarie .charges for the service of her Majestic." And it is ordered that such as are " newly crept in to be Tynners," and had not acquired any "Tynwork" by descent or marriage, shall pay the same as the "foreyners" of the said parishes. But, having the fear of Sir Walter before their eyes, the justices conclude thus : " This order is conceyved to agree with the pleasure of the L. Warden in this behaulfe formerlie sig- nified unto this Court, and not with anie intent to make wilfull breach of the priviledges rightfullie belonging to the Court of Stannery, or to the aucthority of the L. Warden in that behaulfe." A matter that troubled the squires and yeomen of Devonshire considerably more than the privileges of the Stannaries was the ancient right of purveyance, one of the worst grievances that survived the conclusion of the middle ages. Hallam, speaking of the accession of James I., says that purveyance had been restrained by no less than thirty-six statutes : — " In spite of which, the impressing of carts and carriages, " and the exaction of victuals for the King's use, at prices "far below the true value, and in quantity beyond what "was necessary, continued to prevail under authority of " commissions from the Board of Green Cloth, and was " enforced, in case of demur or resistance, by imprisonment " under their warrant. The purveyors, indeed, are described " as living at free quarters upon the country, felling woods "without the owners' consent, and commanding labour " with little or no recompense." We find in these volumes frequent entries respecting Quarter Sessions under Queen Elizabeth. 7 this subject, and the means taken to compound with the Queen for her rights of purveyance. The first entry is the commission of Christopher Walton, to take forty fat oxen and three hundred muttons from the county of Devon, for the use of her Majesty's household. This is dated from Westminster, March 21, 1593, and authorizes the same purveyor to take twenty fat oxen and two hundred fat muttons from the county of "Northfolcke and Marsheland." It also authorizes him to take hay, pasture, and drivers, and all other necessaries meet and convenient for that service, "for our reasonable prices and payments to be made in that behalf" And all justices, mayors, sheriffs, bailiffs, constables, head-boroughs, and all other officers, ministers, and subjects, are directed to aid and assist the purveyor, so long as he does nothing contrary to the statutes touching purveyors. This commission is immediately followed by a letter from the Council, dated March 29, 1593, and signed by Pucker- ing, Puckhurst, Burghley, Fortescue, and Howard. The Lords begin by referring to the complaints of the abuses of the purveyors in taking greater quantity than came to her Majesty's use, and blame the justices for sending up to Court only one of their number, " and the same without aucthoritie " to conclude an agreement. Nevertheless they consent to reduce the provision to twenty oxen and two hundred muttons, " upon mocion made unto us by Mr. Seymour." They complain of most contemptuous and disloyal abuses committed by some, who had takeq violently from one Richard Owen the oxen and muttons he had lawfully taken by commission, and especially of one John Treberie, "who with most contempt demeaned himself" in seditious manner and speeches, and who was 8 Quarter Sessions under Queen Elizabeth. to be bound over in good security to appear personally be- fore the Privy Council. The answer to this letter, signed by Edward Seymour, William Courtneye, John Gilbert, and four others, is an ingenious plea on behalf of Devonshire. The justices had appointed Mr. Carye of Cockington, as well as Mr. Seymour, to attend their lordships, but he returned from London sooner than they expected. They omitted to give them authority to compound, because they assuredly trusted that their lordships would have freed " this poore countye of that charge." Her Majesty, " of her princely and gracious favour," had been contented heretofore to have this county spared from the purveyors, " for that this countie is farre remote, and doth not in truth of itselffe feede soe many oxen yerelie as is able to maintayne the inhabitants, but doth yerely buye fyve thousand fatt oxen at the least out of Cornwall and Somersett." "And_ yet this countie contyn- ually victualleth both her Majestie's navies and all other shippinge when any occasion of servyce is required to the Westward." But, if their lordships do not allow these allegations, the justices humbly submit themselves, only most humbly praying that the composition may be " with as much ease and favour unto our poore countrye as may be, whoe in very truthe, thoughe there welthe is greatly decayed thoroughe the wante of trade by sea (on the w"** the estate of this county chiefly consisteth), yet are they willinge even beyond there abilities." They appoint Mr. Seymour and Mr. Carye, not to make a bargain, but to make such composition as they may obtain at their lord- ships' hands. And, by a final stroke of ingenuity, they find that the chief offenders against the purveyors reside not in Devon, but in Cornwall. Quarter Sessions tender Queen Elizabeth. 9 Soon afterwards we come to the composition made with the Lords of the Council by Mr. Seymour and Mr. Cary on behalf of the county. It is evident that the represen- tatives of Devon were not unfavourably received at the Court of Elizabeth. Seymour belonged to a family which had often stood very near the throne, and sometimes over- shadowed it. A cadet of Cary's family had married a sister of Anne Boleyn, and became the father of that Henry Cary who was created a Privy Councillor and Baron Hunsdon by his royal cousin. Another of the Council, Fortescue, was a Devonshire man, and another. Lord Howard, had married Hunsdon's daughter. The provisions claimed were reduced to ten fat oxen and 150 " fatt mut- tons." Every ox was to weigh 6 cwt, and to be delivered at the Court gate on April 20, at 4/. a piece ; every mut- ton was to weigh 46 lb., and to be delivered at the Court gate at 6s. %d. a piece ; sixty to be sent on April 20, and ninety on November 20. Ready money was to be paid. In case of the oxen or sheep being " misliked," there was a provision for arbitration, and, if the objection was main- tained, the county was to pay a penalty of 40J. for every ox " soe misliked," and for every mutton, 2s. 6d. ; and the deficiency was to be supplied within fourteen days. As long as the composition lasted there was to be no purveyance within the shire, except it happened that her Majesty came in progress within twenty miles of it. The justices were to rate the county for the expenses of the composition, and any person refusing to pay was to be apprehended and brought before the Council to answer their contempt. The composition might be terminated by half a year's notice being given either by the justices or by the officers of her Majesty's " Grene-clothe." lo Quarter Sessions under Queen Elizabeth. - I have quoted this agreement as bearing upon the ques- tion of prices. It appears that beef was delivered at the Court of Elizabeth in 1593 at 13J. ^. per cwt, or rather under \\d. per lb., and mutton at about \6s. per cwt., or \\d. per lb. The price of beef at the Metropolitan Cattle Market at the end of February, 1876, varied from 63.^. per cwt. for inferior to 79J. /^d. for first quality ; and of mutton, from Tjs. for inferior to 98J. for first. At the same time the contract price for meat at the Workhouse of St. Thomas, the rural Union adjoining Exeter, was 66s. per cwt. The copy of the composition is followed by a letter from the Lords of the Council, dated " Nonesutche, 29th May, 1593," addressed to the Sheriff and Justices, acknowledg- ing their " dutiful consideration of the Queen's Majesty's gracious desire," and ordering them to take immediate steps for rating the county. It is remarkable for its ad- mission of the " intolerable abuses " of the purveyors, who had taken far greater quantities and numbers of sundry provisions, " abusing their commission and the subjects, which never came to her Majesty's use." The next letter is from the Justices to the Earl of Bath, Lord-Lietitenant of Devon, informing him of the arrange- ments they had made, and asking his assistance in levying 108/., divided equally between the three divisions of the county, for the expenses of the composition. This appears to have been settled rather by guess-work than by valua- tion, as it is by no means probable that the three divisions were equal in wealth or population. The amount to be repaid by the Queen was 90/., viz., 40/. for ten oxen and 50/. for 150 sheep. In 1594 it appears that an arrange- ment was made by which the charge was defrayed by a contractor for the sum of 103/., which shows that the pay- Quarter Sessions under Queen Elizabeth. 1 1 ment made by the Queen was not very unfair, as it left only a margin of 13/. for the contractor's profit. Prices, however, continued to advance, and in April 1597 we find a regular contract made between Edward Seymour and George Cary for the county, and Christopher Walton, the former purveyor. The latter was to receive 13/. 6j. SiaT. for each of the last two years, probably the balance due to him after he had received 90/. direct from the " Grenecloth." For the current year he was to have 113/. 6s. 8d., and 10/. for his expenses " in riding to and from about these busy- nes." For this purpose 150/. was to be levied, and the northern division was to pay 10/. more than the other two, " in respect of their backwardnes for the effectinge of this service." It may be suspected that an old purveyor was not the fittest person for a contractor, or that the arrangement was disturbed by the rapid fall in the value of money, with which we are too familiar in the reign of Queen Victoria. Anyhow, we find in the very next year a curious letter from Walton to Sir George Cary, in which he declares that he had lost money by the service of the county for the last four years, and that, while people were complaining that he had so much, he was really losing " not so lyttle aS;^xx." He further complains that the money was not paid punc- tually, and that he had to make three journeys a year to receive 120/., which he could not endure any longer. He expresses, great regard and esteem for Sir George person- ally, but, as to the rest of the justices, he will have no more to do with them, and if he cannot get what is due, he will be forced to take " that course as will be more grievous unto them than the taking of their oxen." It seems, how- ever, that Mr. Walton, like many others since his time, 1 2 Quarter Sessions under Queen Elizabeth. continued to contract and complain for some years longer, for in October, 1602, we find a brief entry that Mr. Walton do have half-a-year's warning, and that he be dismissed from " making provision of beefes for Her Majesty's household." We have seen what evidence these records afford respecting the price of meat in the sixteenth century. More direct, and more important perhaps, is their evidence respecting the price of labour. On April 10, 1594, the justices assembled at the Chapter House agreed upon a new rate for servants' and labourers' Wages, according to the statute of the fifth year of Elizabeth. It may be noticed in passing that " William Strode, High Sheriff," appears in the middle of the list of names of those present, not as having any precedence over the others. In modern times the Sheriff, as is well known, takes no part in the business of Sessions. He had no right to act as a justice in the reign of Elizabeth, as the statute disqualifying him was passed in that of Mary. But it may have been the practice for the Sheriff to present the juries, and execute the orders of the Court in person, instead of leaving all such duties to the Under Sheriff. The maximum rates of wages were as follows : — No bailiff of husbandry, "chiffe hyne" (chief hind), or miller was to take above 53J. ^d. by the year and his livery, or 1 3 J. 4^?. for the same. No common manservant of husbandry, between the ages of 16 and 20, was to take above 30J-. by the year, and after the age of 20 above 40J. These two classes of course re- ceived their board and lodging. No woman-servant under the age of 14 was to take any wages but meat, drink, and clothes ; from the age of 14 to 18, not above 1 2 j.. and livery, or 6s. for the same; and Quarter Sessions under Queen Elizabeth. 1 3 after the age of 18, not above \6s. Zd. and livery, or 6s. M. for the same. No woman " labouring at hay " was to take above 2d. a day and meat and drink, or 6d. without meat and drink. In corn harvest, ^d. or yd. respectively, and at all other work, id. or ^d. All labourers at task-work might take as they could agree. All husbandry labourers were to take from All-hallow- ■tide (Nov. i) till Candlemas (Feb. 2), but ^d. a day with meat and drink, or yd. a day without. From Candlemas till AU-hallowtide, /^d. or ?id. respectively, except when mowing corn or grass, for which they might take 6d. or 1 2d. Master-masons, carpenters, joiners, plumbers, helliers, plasterers, and thatchers, having servants or apprentices according to the statute, and able to take charge of the work, were to take by the day, with meat and drink, not above 6d., or i2d. without. Other masons, carpenters, &c. were to take not above S(^. or lid., and apprentices and boys not above 2d. or 6d. ' A pair of sawyers were to take not above I2d., or 2s. . The rates of wages were settled yearly at the Easter Sessions, and proclaimed by the sheriff ; but they do not seem to have been altered during the rest of the reign of Elizabeth. In October, 1601, we find an order that all con- stables are to ascertain the names of all masters and ser- vants that give or take more wages than those appointed, and report them to the justices, and five sub-committees are appointed specially to attend to this matter in the different districts. The most remarkable point in these tables of wages is the slight difference they show between the wages of agricultural labourers and those of men employed in the 14 Quarter Sessions under Queen Elizabeth. building trades. A farm-labourer earned 4?. a week for three-quarters of the year, and 3^-. 6d. for the remainder. In corn and hay harvest he received a shilling a day, which was equal to the wages of what was called a " master mason." A journeyman mason earned no more than 5^. 6d. a week. When we consider the frequent interruptions of work in the building trades, and, on the other hand, the " privileges " of the agricultural labourer, especially in the commons which were then so numerous, we are led to the conclusion that there was no great disparity in the condition of the two classes. But while the wages of the former class have rapidly increased, the increase in those of the latter has been very slow. A hundred years after the time of this order, in 1685, a small work was published by Richard Dunning on the condition of the poor in Devonshire. In that work, as quoted by Macaulay, the wages of the Devon- shire peasant are stated at Sj. a week. In Warwickshire, the rate of wages in 1685 was rather lower than that in Devonshire in 1594. Within the last ten years, the rate in some parts of Devon has been as low as "js. or 8j. The average may now be about 12s. or more. But it is not too much to say that the wages of artisans increased fourfold by the time that the wages of husbandmen were doubled. And, if we compare the price of meat with the price of agricultural labour, we may fairly say that the former has increased fivefold since the time of Elizabeth, while the latter has been trebled. But we must not forget that the price of food was formerly liable to fluctuations such as we have never known, and that seasons of plenty were often succeeded by seasons of scarcity, if not of famine. Such a scarcity is mentioned in Jenkins's History of Exeter as having occurred in the year 1593. Qtiarter Sessions under Queen Elizabeth. 1 5 Another entry bearing on the cost of living is an order that no liquor except wine should be sold for more than one penny a quart. In an affiliation case, we find the father of a child ordered to pay 8^. a week for the first three weeks, and afterwards 4^?. a week. The mother was to keep it up to the age of five years, and from the age of five until twelve the father was to pay 6d. and the mother \d. a week to the constables and churchwardens of the parish. Closely connected with the questions of prices and wages is the great question of pauperism, which weighed so heavily on " Merrie England " in the days of good Queen Bess. Into the causes of that widely spread suffering — the up- rooting or the change of established institutions, the dis- covery of the New World, the universal derangement of the values of labour and property, the struggles that accom- pany the birth of a new era, — With many shocks that come and go, With agonies, with energies. With overthrowings, and with cries, And undulations to and fro — there is no need that we should inquire. Many of the records of Sessions relate to the details of this subject. The Court had not only to try questions of settlement and the like, but to discharge duties which now belong partly to Boards of Guardians, and partly to the Local Government Board. Of the strenuous measures adopted to repress vagrancy we find numerous traces. The chief duty of a constable, as we know from a higher authority, was to " comprehend ail vagrom men." In April, 1597, we find a letter from the Lord Lieutenant, commending to the especial consideration of the justices 1 6 Quarter Sessions under Queen Elizabeth. the relief of the poor, and the restraint of the multitude of vagrant persons. This is immediately followed by an order of the Court, providing, in the first place, that all " lycences for beggars/' which had been formerly granted by the jus- tices, should be suppressed, and that no such licences should be granted in future. Means for setting the poor to work were to be provided by the local justices, imposing some good sums of money on those of best ability in every parish. Constables and sidesmen were to " take a view " of all the poor, and also of all the men of ability, and to report to the justices. To every householder in a parish containing poor, or in the adjoining parish, were to be assigned one, two, three or more poor, to be relieved with two meals a day. In default, the justices might make an order for the pay- ment of a sum not exceeding iZd. weekly" for every pole." This is somewhat remarkable, not only for the heaviness of the burden, but also as containing the principle of a " rate in aid," if not of " Union chargeability." The poor being thus " settled and provided for," none were to be suffered to wander or beg, on penalty of being dealt with as common vagabonds, and any " Tithingman " found negligent in enforcing the law was to be bound over to his good behaviour. Vagrants were to be punished, and sent to their places of abode. Search was to be made in every parish once a fortnight for " roagues and vagrant persons," and reports sent to the justices respecting the execution of the orders. The constables and sidesmen were to publish the orders in every church once a fort- night. In October of the same year we find an order for a special search for vagabonds on Sunday night, the i6th of the same month. The poor were not to be removed from the place Quarter Sessions under Queen Elisabeth. 17 where they were born or had been " most conversant " by the space of three years. The removable poor were to be sent to their birthplace, or where they had been most conversant for three years, at the discretion of the justices. Punish- ment was again threatened on negligent officers, and the justices of each division were to sit on the day following the search to execute the orders, and also to make inquiry for "regraters of corne." On another occasion (in 1595) the Lords of the Council appear to have suggested that the poor should be relieved with corn at lower prices, to which the justices reply that they do not see cause for such a step, finding the markets well supplied, the price daily faUing (except near Plymouth), " noe poore to exclame for want, and harvest near." Yet, at the end of the same letter, they declare that the number of poor and impotent is increasing. At Easter, 1598, the statute for the punishment of rogues and "sturdie beggers" was ordered to be proclaimed. Four houses of correction were to be erected or hired at Tavistock, Honiton, Chulmleigh, and Newton, and the orders for their government, and the rates for their support, were referred to the local justices. Another general search for rogues was ordered for " Sondaie come sennighte," and every parish was rated at a halfpenny a week for the relief of hospitals and prisons. In 1601, this was raised to a penny a week. In the same year appears an " exposition " by the judges upon the statute for rogues and relieving the poor, which bears a considerable resemblance to the modern circulars of the Local Government Board. It is chiefly occupied with questions of removal and chargeability ; but is remark- able for a declaration that parsons and vicars are bound to c 1 8 Quarter Sessions under Queen Elizabeth. the relief of the poor as well as others, and also owners of " tythes impropriate, cole mynes, and saleable woods." In 1 599 three parishes appealed to Sessions against being compelled to contribute to the relief of the poor of Holsworthy, and the question was referred to a committee, who reported that the parish of Holsworthy was well able to provide for its own poor. It seems, however, that the report was not adopted, for at Midsummer, 1600, the Court ordered nine parishes, including the three appellants, to pay certain proportions, varying from ^d. to i?)d. a week, to the parish officers of Holsworthy. Many matters strange to the modern court came within the cognizance of the Quarter Sessions of Elizabeth. They not only cancelled indentures, but bound apprentices, rather loosely sometimes, as ih the case of Ellis" Coilinge, of the age of twelve years or " thereabout," who was bound to serve Baldwin Hele until the age of twenty- three or twenty- four years. They appointed and dismissed constables. A considerable part of their work consisted in granting pen- sions or gratuities to " maymed souldiers and maryners." Two treasurers were appointed from among the justices every year for this special purpose, and a separate rate was made. Every applicant was obliged to produce a certificate from the officer under whom he had served, and, as might be expected, we find some who had been wounded at the Groyne or at sea, certified by Drake, and Hawkins, and Fulke Greville ; and some who had served under Sir Francis Vere at Ostend, as well as some who had been hurt by accident in the annual musters. In 1602 there seems to have been a revision of the list, and we have " a true noate " of all the pensioners in the county. They only amount to fifty-two, but they served the justices for an argument Quarter Sessions under Queen Elizabeth. 19 when they wanted to show the Council how peculiarly heavy were the burdens of Devonshire. The pensions varied from 26s. 8d. to 10/. a year. A letter dated from the Court at Greenwich, the last day of June, 1595, com- plains of the insufficient execution of the statute on behalf of maimed soldiers, whereby they are constrained to wander and beg, contrary to the " charitable intent and purpose of her Majesty and the whole Parliament." Their lordships require minute returns of everything that has been done in this matter, and the causes why relief has been refused in certain cases, so that rnany poor maimed soldiers have come back, complaining that no regard has been had to them. In answer to this the justices defend their adminis- tration of relief, and complain that the number of persons chargeable is increasing, " and more likely to follow, having a late impresse of one hundred men made within this countie by order from Sir Fraunces Drake and Sir John Hawkins." This must have been for Drake's last voyage, as he died in 1596. The letter is signed by the Bishop of Exeter (Gervase Babington) and thirteen other justices. Another matter that came within the cognizance of the Court in those ante-insurance days was the relief of such as had had their houses burnt. Fires were evidently prevalent among the thatched farmhouses and cottages of Devon, as they have continued to be even to our own time. The amounts granted were not large, generally from 5/. to 10/. At one time we hear of twenty-eight houses being burnt at Torrington, but only 30/. was voted for the relief of the place. In 1596 a great calamity befell the town of Tiverton, and special measures were adopted to relieve the houseless poor. Three hundred of them were quartered on other parishes. C 2 20 Quarter Sessions under Queen Elizabeth. It was ordered that a benevolence should be gathered throughout the county, for which purpose the justices in each division were to call before them the constables and chief of the parish, and " exhorte them by all the means they can to extend their liberalityes in this behalf accord- ing to the necessitie of the place." The money collected was to be distributed at the discretion of Mr, Sparry, Mr. Walrond, and Mr. John Acland. It appears from another place that i6o/. was assessed on the county, and that collections were made in other counties for the same purpose. In October, 1602, the justices met to take measures for the relief of the inhabitants of Cullompton, whose loss by fire was estimated at 8000/. For their immediate necessi- ties the sum of 50/. was voted out of the hospital money, and the justices present individually advanced certain small sums by way of loan, to be repaid at the next sessions. Only two advanced 5/., the rest only 40J. But they all agreed to make collections in their several divisions for the relief of the said town, and to " persuade men to deal the more liberally in regard of their great loss." Nothing is more characteristic of the age than the reliance of men in authority, while saving their own pockets, on their power of extracting money from those under their influence by means of " benevolences," or quasi-voluntary exactions, a mode of action which might be characterized by a phrase used in the educational talk of the present day, " permissive compulsion." This practice was of course derived from the example of the Government in its system of benevolences, and of "privy seals," or forced loans. Of the last we have a curious example in a letter of June 25, 1598, addressed to Quarter Sessions under Qtieen Elizabeth. 2 1 " Our verie loving friend Sir George Carie, knight, Collector of the loane to her Ma''= in the countie of Devon," and signed by Thomas Egerton and eight other Lords of the Council. As it appears to prove that more direct intimidation than is generally supposed was employed in compelling wealthy persons to lend their money to the Queen, it may be well to quote the letter at length, merely modernizing the spelling: — " After our hearty commendations. Understanding that " you have paid to her Majesty the sum of 3000/. for the " loan in the county of Devon, and that there are yet divers " persons of the better sort that have not paid the sums " required by their privy seals, amounting to a good sum of " money, for the which you have no knowledge of any dis- " charge from hence for the same ; and thereby as we do " hear you have been and are at great travail and charge " in sending up and down to their houses for the money, and " yet cannot procure the payment thereof to her Majesty's " use ; these shall be, therefore, to require you to prefix a " day certain to all such as have privy seals, and be not to " your knowledge here discharged, to make their undelayed " payment of the sums required by their privy seals, and in ■' case any of them shall by contempt obstinately refuse this " order, or to conform themselves to what you shall in good " reason appoint them to do for the better service of het " Majesty herein, then you shall take bond of them to " answer their contempt before us of her Majesty's Privy " Council at a day certain by you to be appointed ; and if " any person shall refuse to be bound according to these " letters, you shall certify their names to us at the days " appointed for their appearance, before which day you " shall likewise signify unto us the manner of their ill- 22 Qtiarter Sessions under Queen Elizabeth. " behaviour and contempt herein, so as at the time of their " appearance such order may be taken with them as their " contempt and delays in this so necessary a service to her " Majesty and the realm deserveth. And we have thought " good to require you to have a special care that all such " privy seals as have been delivered by you to any persons " within this county and be discharged, that the same be " brought unto the Clerk of the Privy Seal, so as no privy " seals be left in any person's hands, lest hereafter they may " be abused to charge her Majesty. And further, that you " do admit no discharge of any of them but by warrant from " hence. And so we bid you heartily farewell." This letter is inserted in the order-book without comment, and is immediately followed by one dated in the previous year, which may, perhaps, be a mistake. It is said that Elizabeth, unlike most of her immediate predecessors and successors, was generally punctual in the repayment of the money she had borrowed, and this letter seems to refer to one of those exceptions which prove the rule. It purports to proceed from the Queen herself, and appears to be somewhat characteristic in the dignified frankness with which she takes her subjects into her confidence, and appeals to the patriotism and good feeling of her creditors. It will be remembered that George Gary's family was connected with the Queen's by marriage : — " Elizabeth R. By the Queen." " Trusty and well-beloved, we greet you well. Where " this last year we did commit to your charge sundry privy " seals directed from us and in our name to divers persons " of good ability, by which there was required to be paid " to you by way of a loan some portions of money to be " employed by us this last year for the necessary public Quarter Sessions under Qtceen Elizabeth. 23 " service in defence of our realm, of which portions mentioned " in our said privy seals you have with good diligence " received the greatest part, and paid the same into the " receipt of our Exchequer, from whom also we mean to " have the same repaid as soon as we may conveniently, " which upon some occasions unlooked for we cannot readily " perform, both by reason of the present preparations which " by the enemy's mighty attempts against our realm we are " forced presently to make both by sea and land, and also " for that the first payment of such subsidy as by this last " Parliament hath been granted to us is not to be paid to us " before the twelfth day of February the next year. So as " for these respects we find it very necessary to defer the " payment of the said sums so lent some few months, where- "with we hope our loving subjects will be content, con- " sidering they shall be assuredly fully paid by the end of " six months or sooner as we shall find commodity. And " for this purpose we require you to give knowledge of this " our determination to every person of whom you have by "virtue of our said privy seals received any money, whom "you shall require in our name to be content with the for- " bearing of the sums lent for six months from the month " when they ought to have had the sum repaid, whereby " they shall deserve our thanks, and so also shall further our "service for their defence and safety. Given under our "signet at our Palace of Westminster the 23rd day of " March, 1597, in the fortieth year of our reign. " To our trusty and well-beloved George Gary of Cock- "ington, knight, Collector of the loan in the county of " Devon." Of the storm that raged against the system of monopo- lies during the last years of Elizabeth we find some traces 24 Quarter Sessions under Queen Elizabeth. in these records. The Crown had assumed the prerogative of regulating all matters of commerce ; and patents to deal exclusively in particular articles had been granted lavishly to courtiers and, others with little advantage to the revenue, but with the effect of greatly enhancing prices to the unfor- tunate consumer. Scarcely any article, even of necessity, was excluded from these oppressive patents. The grant which appears to have borne with special severity on the counties of Devon and Cornwall was one held by a certain Henry Marner for salting fish, probably pilchards. It seems to have been resisted at one time by an action at law, for we meet with several instances of money being repaid which had been advanced by individual justices in this cause ; and we may perhaps infer that the resistance was successful, at least for a time, from an order for raising a sum of 260/. for defraying expenses in overthrowing the patent of Henry Marner. But the justices seem to have shrunk from im- posing a regular rate for the purpose, until they had tried their favourite course of a " benevolence ;" and it was ordered that the members of the court in their several divisions should, " by their wise persuasions and good dis- cretions, move the marchaunts, masters of saynes, and owners of boats, to contribute ;" and also should " deale with the inhabitants of all the welthiest townes within the county as a special! matter tending to the ease and good of the whole country." The Crown seems to have been willing to retreat, under some decent pretext, from an untenable position. A letter from Lord Treasurer Buckhurst, dated Sackville House, London, September 13, 1599, after reciting that it has been alleged on the patentee's part that to continue the execution of the said patent in restraint is prejudicial to her Majesty, Quarter Sessions tinder Queen Elizabeth. 2.5 both in her prerogative and in the omission of the rent ■ payable by the patentee, declares that he is desirous, with due regard to her Majesty's right and prerogative, to moderate, so far as he may, the use of the said patent, as may stand with the convenience of the country. And he therefore requests the justices to furnish him with their opinions, allegations, and objections. This letter is followed by certain notes drawn up by a Mr. Hancock, who may, perhaps, have been Mr. Edward Handcock, clerk of assize, setting forth good reasons against the patent. He begins by a legal argument, that no grant of the kind could be found since the eighth year of Henry in., and that the practice had been suppressed for more than 300 years until revived by her Majesty; that the new grant was far more extensive than the old ; and that a tax had been laid upon the fishermen in lieu of the rent for- merly reserved. He then shows that it was most unreason- able to revive the patent " when the country was never so greatly burdened and decayed, as impoverished with long great dearth of corn, hinderance of trade, spoil of their shipping, goods, and some of their towns by the enemy, greatly charged for their defence and maintenance of wars, also with continual subsidies and great loans." Then he tries a reductio ad absurdum. Such a precedent might bring it to pass that none but patentees shall license any " to bake their own corn into bread, or to convert the same into malt or drink, or to salt their flesh, or to clothe them- selves with their own wool." Fishermen, he argues, are commonly " the poorest of any other company," and, if they have greater burdens laid on them, they will be forced to give over "their most painful, hazardous, and yet most necessary trade," from which will follow the decay of ship- 26 Quarter Sessions under Queen Elizabeth. ping, want of sailors for the navy, of food for the country and the navy, decline of foreign trade and the Customs, and depopulation of the sea-coast towns. This grant would also ruin the fishing off Newfoundland, Ireland, &c., and would more generally discontent and dismay the people than any hitherto granted. We have also a copy of the " Reasons for which the Justices and Gents of Cornwalle humblie praye that the patent for the saltinge, drying, and saving of ffishe maye be revoked and cancelled." This paper expatiates at greater length on the topics contained in Mr. Hancock's " Notes." I quote one paragraph : — " The rent increased by this patent is only 20s., whereas "the profit of this lease, by estimation, will amount unto " 1000/., by the year, or, rather, to so much as the lessee " shall be disposed to value the same ; and yet we as- " sure ourselves her Majesty doth more tender the good "and loyal hearts of her subjects than so much gain to " herself." We hear no more of this patent, and it was probably swept away, like most of the other monopolies, by the torrent of opposition that broke out in the Parliament of 1601. Almost all trades that were not the subject of monopo- lies appear to have required a licence frOm the Court of Quarter Sessions. We find frequent licences to buy and sell corn; generally for so small a quantity as three or four bushels a week. The licencees were called badgers, a word which has dropped out of the language, or has been con- verted into cadger, but which is to be found in Johnson's first folio, with the derivation from bajulus, a carrier. They were required to give security that they would not " forestall, Quarter Sessions under Queen Elizabeth. 27 regrate, or ingross," practices which appear to have been the special terror of ancient legislators. Persons were licensed to buy and sell butter and cheese, peas and beans, serges, &c., and probably to exercise all kinds of trades, as we find that the " Clarke of the Markett " was authorized to take certain fees for recording the names of victuallers, innholders, butchers, grocers, chandlers, mercers, clothiers, and "other artificers." Some were licensed to beg, but these licences were revoked, as we have seen. Some were licensed to shoot fowls with " hand gunnes " and " hailshotte." We find one man licensed to exercise the trade and " scyence of Tynkyng." An immense number of people had to give security for one reason or another, so that one feels a sort of impression that half the inhabitants of the county gave bail for the good behaviour of the other half. One of the matters for which the Sessions frequently granted a licence was to build a cottage. A most curious Act had been passed in the thirty-first year of Elizabeth "for the avoiding of the great inconveniences which are found by experience to grow by the erecting and building of great numbers and multitude of cottages, which are daily more and more increased in many parts of this realm," It was provided that no person might build a cot- tage unless he assigned to it at least four acres of land, to be continually occupied with it. From this statute the Courts of Assize and Quarter Sessions had a dispensing power, and they were frequently moved to exercise it, though not so frequently as might have been expected. Towards the close of the reign we have more evidence of the activity of the Government against "recusants." A list of persons who were to be bound over for this offence ,28 Quarter Sessions under Queen Elizabeth. to appear at the next gaol delivery was sent tp the justices by the Judges of Assize. Two of these recusants, living at Ottery St. Mary, bore the suspicious name of Babing- ton. The justices, having some doubts as to the manner of procedure, sent certain questions up to the Judges, which were answered thus : — " I. A recusant refusing to appear may be apprehended " by the Constable, and forced to appear, or else " committed. " 2 and 3. Converts (before the assizes), and such as are " excommunicated and forbear the church for debt, and not " Popish recusants, may be spared. " 4. Let not conference be denied a recusant, and if he " come to the church, his binding may be spared. "5- If the woman refuseth to appear, and her husband " refusing to be bound, bind the husband to his good " behaviour, and if he refuse commit him." The growth of Puritanism may be considered to be evidenced by an order made in July, 1595, at a Sessions held in the Chapter House, the bishop being apparently in the chair. It is declared that all " Church or parish ales, revels, May-games, plays, and such " other unlawful assemblies of the people of sundry parishes " unto one parish on the Sabbath day and other times, is a " special cause that many disorders, contempts of law, and " other enormities, are there perpetrated and committed, " to the great profanation of the Lord's ' Saboth,' the " dishonour of Almighty God, increase of bastardy and " of dissolute life, and of very many other mischiefs and " inconveniences, to the great hurt of the common- " wealth." It is therefore ordered that these assemblies shall be Quarter Sessions under Queen Elizabeth. 29 abolished on the Sabbath ; that there shall be no drink " used, kept, or uttered " upon the Sabbath at any tinie of the day, nor upon any holiday or festival in the time of divine service or preaching of the Word ; nor a"t any time in the night season ; nor yet that there shall be " any Myn- stralsy of any sort, Dauncying, or suche wanton Dallyances," used at the said May-games, &c. In January, 1 599, the justices took a long step further, and having discovered that many inconveniences, " which with modestie cannot be expressed," had happened in conse- quence of these gatherings, they ordered that parish ales, church ales, and revels should thenceforth be utterly suppressed. A market which had been held on the " Saboth " at East Budleigh was also abolished. Of the ordinary business of Sessions we need not say much. They were held generally in the Castle of Exeter, as at present, but sometimes in the Chapter House, and sometimes adjourned elsewhere, as to Ottery St. Mary or Totnes. It does not appear that a Chairman was regu- larly elected. The name highest in rank appears first on the list, and probably its bearer took the chair, as is the practice of the grand jury at Assizes. The bishop appears to have acted frequently as a justice, contrary to the custom of the city of Exeter, in which his pretensions to exercise the office were successfully resisted by the mayor in 1558. The justices repaired bridges, as they do now. They maintained the gaol, not as they do now. The con- dition of the prisons in that age, and long afterwards, was disgraceful to humanity. At the " Black Assize " at Exeter, in 1586, the wretched prisoners brought the gaol fever from their foul dungeon into the Court. Most of those present were infected by it, and it proved fatal to the judge, eight 3b Quarter Sessions under Queen Elizabeth. magistrates, eleven jurymen, and many constables and others who were in attendance. The difference of jurisdic- tion between Sessions and Assizes seems to have been at this time very small. The justices not only decided cases of settlement and affiliation (which were very numerous), but sometimes even tried questions of title. In criminal cases, their jurisdiction ranged from the business of Petty Sessions to the power of life and death. They committed many persons to be tried at the next Sessions or Assizes. They sent many to execution. The offences are seldom mentioned, but we have the calendars of both Sessions and Assizes, the names of prisoners being arranged in batches according, to their punishment. The numbers vary very much, which is, probably, owing not so much to the fluctuations in the amount of crime as to the spasmodic efforts which were occasionally made to repress it. Of the ferocity with which the law, and something more than law, was sometimes enforced, there remain abundant records. In the year 1595 martial law was declared in London and the suburbs against vagrants and suspected persons, and the " most notorious and incorrigible" were to be executed on the gallows. In 1597-8 there seems to have been a crusade against offenders in Devonshire. At the Lent Assizes of 1 598 there were 1 34 prisoners, of whom 17 were dismissed with the fatal s.p., it being apparently too much trouble to write sus. per coll. ; 20 were flogged ; I was liberated by special pardon, and 1 5 by general pardon ; 1 1 claimed " benefit of clergy," and were consequently branded and set free, — " legunt, uruntur, et deliberantur." At the Epiphany Sessions preceding there were 65 prisoners, of whom 18 were hanged. At Easter there were 41 prisoners, and 12 of them were executed. Quarter Sessions under Queen Elizabeth. 3 1 At Midsummer there were 35 prisoners, and 8 hanged. At the Autumn Assizes there were 87 in the calendar, and 18 hanged. At the October Sessions there were 25, of whom only one was hanged. Altogether there were 74 per- sons sentenced to be hanged in one county in a single year, and of these more than one-half were condemned at Quarter Sessions. As it may be supposed that most of them were y9ung, if a similar ratio prevailed in other counties, the num- bers executed must have seriously affected the increase of the population. A paper preserved by Strype, which was written by a Somersetshire justice in the year 1596, says that 40 persons had been executed in that county in one year, and yet " the fifth part of the felonies committed in the county were not brought to trial ; the greater number escaped censure, either from the superior cunning of the felons, the remissness of the magistrates, or the foolish lenity of the people." Some felons, we find, were " reprieved for the service of her Majesty's galleys," and a claim of 3/. a year for each was made for their mainte- nance by the Lords of the Council. This was resisted on the usual ground of poverty, " because the county is chargeable with many other taxes coming thick one in the neck of another." It would seem that Macaulay made an unusual mistake when, writing of the year 1690, he tells us that galleys had never been seen in the English Channel until the time of Louis XIV., and that their disciphne was a thing strange and shocking to Enghshmen. A favourite punishment for small offences, such as resist- ing a constable, was the stocks. The offender had to come into the church at morning prayer, and say publicly that he was sorry, and was then set in the stocks until the end of evening prayer. The punishment was generall}? 32 Quarter Sessions under Queen Elizabeth. repeated on the next market-day. But the most common of all punishments was whipping. At every Sessions and Assizes there appears a long list of names to which the Clerk of the Peace appended the word flagell, with a flourish at the end strongly suggestive of the lash. This infliction was considered peculiarly appropriate, not only to rogues and vagabonds, but also to women, as we learn from certain passages in Shakespeare, as well as from the present records. At Easter, 1598, it was ordered that every such woman as shall have a bastard child be whipped. Also the reputed father of such child was to be whipped, if, as is added with a grim facetiousness, " the proves be so pregnant and apparent in the conscience of the justice before whom the cause shall be examyned, as maye deserve that punishment, unless it shall otherwise seeme meete in the discretion of the sa:me justyce." In one case we find an order that a woman be whipped until she con- fess the father of her child. In this case we may believe that the gaoler was more merciful than the Court, for we find a note that she escaped out of custody. The setting of " that bright Occidental Star, Queen Elizabeth of most happy memory," and the appearance of James I., "as of the Sun in his strength," found little reflection in the Sessions books of the county of Devon. The Clerk of the Peace did not even begin a fresh volume. He turned over a new leaf, took a new pen, or mended the old one, and, instead of the familiar title that had headed all official papers for forty-five years, wrote, — " Anno regni Domini nostri Jacobi Dei gratii Anglise, " ffiranciae et Hyberniae Regis fidei defensoris, &c., prime et " Scotia Tricesimo Sexto" Quarter Sessions under Qiieen Elizabeth. 3 3 NOTE. As a contribution to the history of crimes and punishments, I append a specimen of a Calendar of this period. I have discovered the offences by examining a large mass of depositions. List of Prisoners tried at the Castle of Exeter at Midsum- mer Sessions in the fortieth year of Queen Elizabeth, iiTH July, 1598. To be hanged. Offence. Richard Rundell . ... . . Horse-stealing. Margery Pedell ..... Cutting a purse. William Rowe Picking pockets ; two charges. William Weekes (Depositions wanting.) John Delbridge House-breaking, &c.; four charges. Englishe Sanders (a woman). Receiving stolen goods from Delbridge. Trystram Crosse f Kckjng a pocket, and steahng in a (. house ; two charges. John Capron Sheep-stealing. To be branded and set free, being able to read. Richard Payne Stealing clothes ; three charges. Stephen Juell ] Sheep-stealing ; two charges. Andrew Penrose ) J°h"R^«'l ] Stealing clothes. John CoUacott ) Anthony Shilston .... Sheep-stealing. Andrew Jordon Stealing clothes ; four charges. Acquitted. NichoU Hooper Stealing or receiving a shirt. Andrew Bragge House-breaking. Joan Cooke Stealing or receiving clothes. Nicholas Shilston .... Sheep-stealing ; four charges. Alice Wylkyns Stealing a bed. Alice Bowden Receiving ditto. Richard Greenslade .... Stealing corn, &c. D 34 Quarter Sessions under Queen Elizabeth. To be flogged. Henry Sellock (Depositions wanting.) Temperance Drake .... Stealing clothes. Joan Bowne (Depositions wanting.) Phineas Horsham .... Sheep-stealing. John Dodridge (Depositions wanting.) ^v°T'i"^^^''°" ■ ■ ■ -1 stealing or receiving clothes. Elizabeth Baron ) Alice Bagwell Stealing a smock. William Ackland Stealing cheeses, &c.; two charges. JiTmSjeTa^: '. 1 ! i } Stealing gloves, stockings, &c. Gregory Talman . . . . . Sheep-stealing. John Chalmer Ditto. It seems probable that flogging was generally thought a sufficient punishment for a first offence, while repeated offences, though not of a very heinous nature, were considered to deserve capital punishment. QUARTER SESSIONS UNDER JAMES I. PART I. On a former occ'asion I brought forward some evidence respecting the state of the country during the last ten years of the reign of Elizabeth, which I had gleaned from the records of Quarter Sessions in the county of Devon. I now propose to pursue the same subject through the reign of James I., a period unmarked by events as startling as those which distinguished the reigns of his predecessor and successor, but during which those forces were silently growing which were destined in the next generation to overturn the Monarchy and Church of England. Before relating those facts which bear upon the condition of the people in their daily life, it may be convenient to advert to certain occasions on which the little round of Devonshire business crossed or coincided with the larger orbit of the government of these islands, then for the first time united under " the twofold balls and treble sceptres." The first communication from the Court to the justices, during the reign of James, which is recorded in these volumes, is on the old subject of purveyance. How deeply that grievance was still felt is shown by a very vigorous speech of Bacon's delivered in presenting a petition to the King, during the first Parliament of the new reign. The D 2 36 Quarter Sessions under James I. Devonshire justices, with a somewhat flattering appreciation of the Scottish character, seemed to have imagined that the Stuart King might be expected to relinquish his prescriptive rights in this matter. They had agreed during the late reign, as we have seen, to supply the Royal House- hold with ten oxen, for which they were to receive 4/. a-piece, and 150 sheep, at the price of 6s. 8d. each. They had had constant quarrels and misunderstandings with the contractor who undertook to perform the service, and they had at last summarily dismissed him. They appear to have taken advantage of a new reign to omit the appoint- ment of a successor, indulging, no doubt, a fond hope that the system of purveyance might be altogether abolished, or at least that the county of Devon might be suffered to escape the burden, as, in fact, it had escaped during the greater part of the reign of Elizabeth. From this dream they were suddenly awakened by the following letter from the Treasurer and officers of the household : — " Whereas the neglect of the service of your composition, " at the time prefixed, hath already enforced us to provide " four score and ten muttons at 1 8s. the piece, whereof the "country's money amounteth to 51/., and by reason the " next day of service is so near, being the 20th day of "April, we must of necessity ■ buy Oxen, being ten at 8/. " the piece, and the charge thereof to the country will " amount to 40/. ; three score muttons at 20s. the piece, the " charge whereof to the country will amount to 40/. And " further upon complaint made by Christopher Walton, " your undertaker, for default of his money at due times, a " Marshal hath been sent down two several times, and had " no satisfaction from the country, but the said Walton hath " paid him 13/. 10s., and likewise hath paid for oxen, taken Quarter Sessions tmder James I. 37 " upon the breach of your composition in Anno xxxix°°, 61. " all which sums we expect that you see present satisfaction " of, yet we have stayed sending down of his Majesty's " Commission, and certified you hereof, at the intreaty of " Mr. Edward Seymoure and Sir Thomas Ridgwaye, who " were before us. And therefore we require you forthwith " to take order that the foresaid provisions and arrerages " past, together with those that rest now to be made, be forth- " with paid and satisfied by the country. And so expect- " ing your due care in better performance of your conniposi- " tion hereafter, we bid you heartily farewell. " From his Ma'"' Compting House at Whitehall, this 9th "day of April, 1604." The letter is signed by Wm. Knollys — a name not unknown at Court since that time — and six others. It is evident that the officers of the household wished to make the justices feel the weight of their displeasure, and " surcharged " them most heartily. It is clear, too, that they had been stirred up by Christopher Walton, who must have had some influence at Court, and who had long before threatened, in a letter to Sir George Cary, that he would take some course that would be more burdetisome to the county than the taking of their oxen. The prices charged in the letter are, no doubt, excessive, even suppos- ing, as is probable, that it was a year of remarkable dearth. Prices were rising rapidly ; and they were rising, as usual, like the tide, in waves that advanced and recoiled alternately. But we may safely suppose that the household took the opportunity of laying on something beyond the extreme limit of prices. The total cost of the required provisions, according to their statement was 81/. for 90 sheep already purchased, 80/. for 10 oxen, and 60/. for 60 sheep about to 38 Quarter Sessions under J antes 1. be purchased, making in all 221/. The King was entitled to have sheep supplied at 6s. 8d. a-piece, and oxen at 4/. ; so that he was only liable for go/., leaving a balance against the county of 131/., besides the arrears and expenses claimed by Walton. It is probable that the average price of sheep at that time was nearer that given by Justice Silence, "A score of good ewes may be worth ten pounds." The poet is more likely to have given the price of his own day than to have investigated that current in the reign of Henry IV.^ In reply to the requisition the justices (or their clerk) composed a humble and elaborate letter, addressed " To the right honourable our verie good lords, the L. Knollys, Treasurer, the L. Wotton, Comptroller of his Majesty's household, and to the rest of the principall officers' of the said household." They explain that they had given Walton notice to terminate his contract, because they had had an offer from some of their own countrymen " to serve that provi- sion, and to discharge us, better cheap than Walton dyd," and that they " lystened thereunto much the rather because this Walton had made many complaints against us without cause, as now again we are informed he doth." When they were about to send up the provisions the year before, " Yt pleased God to call her late Majestic to Him, whereuppon we held yt meete to staye them, untill we had receyved directions from your Lordships, what would be expected ' It is certain that the household of James was far more extravagant than that of Elizabeth. In the letters written by Bacon, when Lord Keeper, there are many suggestions for the retrenchment of these expenses, though he was willing to admit some large allowance for waste, " because the King shall not lose his prerogative to be deceived more than other men" ! Quarter Sessions under James I, 39 from us, which till nowe we never did." Finding it is their Lordships' express pleasure that the composition should hold, they are taking steps to collect the money " undelay- edlie," and promise to have it ready by the end of Midsummer Term. They pray their Lordships to have patience for a reason which commands universal sympathy, " for that we perceive by our countrymen, and knowe yt ourselves to be true, that money is exceeding skant in theis partes ; and much the more, for that att this tyme they paie their last subsidye." The rest of the letter is chiefly occupied by a recital of their dealings with Mr. Walton, and by their defence against his " imputacons." And " if this man have cause so to declaime against us, we leave it upon due consideracon of the premisses to your Lordships to judge of." And, " because many things maye causelesslie be further objected in our absences," they appoint Sir Thomas Ridgwaye and Mr. Edward Seymour, the knights for the shire, to give their Lordships all explanation and satisfaction. In October of the same year we find an agreement made with John Stookie of Abbotskerswell, by which he under- takes, in consideration of a yearly payment of no/., "to make purveyance of beeves and muttons for the King's Majesty's house according to a composition made in the late Queen's time," and gives security in 200/. for the perfor- mance of the contract. But this contract was a complete failure. In July of the following year the " undertaker " gave notice to terminate it. He had received from the constables, who then collected the county rates, more money than he had accounted for, and a committee was appointed to examine his accounts. Both he and his son were threatened with committal to prison. And the j ustices 40 Quarter Sessions under James I. who purposed to be in London during the ensuing term were requested to take measures for supplying his Majesty with fourscore muttons on the 20th November, or for com- pounding with the officers of the household. To our great surprise, we find that they could think of no better course than to recur to their old enemy, Christopher Walton. He seems to have been the only man who under- stood the business of contracting, and of keeping his Majesty's household in good temper. He now consented to resume his contract for the sum of 125/. a year. Soon afterwards we find that the Court allowed Stookie 20/. for his losses during his contract. The contract with Walton appears to have held good for several years. We find occasional applications for an increase in the terms, which were referred to a committee^ and probably granted. Not until 1621 does another crisis seem to have arisen. In that year the contract was offered to one William Burride, of Chard, for the sum of 145/. and was apparently declined. At the beginning of the next year we find 160/. ordered to be paid to Mr. Serjeant Lancaster, who had undertaken to manage the business at that price. He also seems to have got into difficulties. In one letter he says that he expects to buy 90 sheep at gj. each. In the next he declares that they cost i8j. %d., and, as the King only paid 6s. 8d., he expects the county to pay 12s. for each, or 54/. At last we find the system terminated in the only satis- factory way, by an agreement between commissioners appointed on behalf of the King and certain knights and esquires on behalf of the county, whereby the King agreed to accept a money payment of 140/. a year in lieu of the provisions formerly supplied in kind. The agreement Quarter Sessions under y ames I . 41 recites the great trouble caused by the frequent breaches of contract by the " undertakers," many of whom had " become non solvent or Bankrupte," whereby th 2 household had been much inconvenienced, and the counties had to pay twice over. The justices and " many gentlemen of worth and quality " of many counties humbly desired his High- ness to accept of some composition in money, to which his Highness "out of his grace and favour to his subjects" inclined to agree. The payment was to be taken " in lieu of all compositions and purveyance now served or taken in kind, and of all carriages for the use and provision of his Majesty's household and stable, as well in progress as otherwise." All persons refusing to contribute their share of the charge according to the assessment of the justices were to be liable to " all manner of purveyance and cart- taking" (written cartaking), and were also to be brought by warrant before the officers of the Green Cloth to answer their contempt. His Majesty was in future to buy all his provision, and hire all his carriages, and pay for the same to the contentment of the parties who served him. But if this composition should be found inconvenient to his Majesty or his " imperiall crowne " through the obstinate and wilful denial of his provisions and carriages at the same price as other men paid for the same, it was then to be lawful for his Majesty, upon six months' warning, to break the com- position, and to " use his commission as in former tyme." And the justices might determine the composition . upon similar notice. This agreement, dated Sept. 7, 1622, appears to have held good during the remainder of the reign. We find a com- mittee appointed to apply for certain alterations respecting " cart-taking " and other points, but the Clerk of the 42 Quarter Sessions under Raines I. Peace did not enter the reasons or the results of their mission. The important events of the year 1614 are clearly reflected in these records. In that year took place the first great breach between the King and the Parliament, the origin of the myriad woes that befell both Crown and people in the next generation. James had lost the guidance of Lord Salisbury, the last representative of that wise race of states- men who had met around the Council Board of Elizabeth. The Stuart King was fond of being compared to Solomon, but he rather resembled Rehoboam in his attachment to flattering and violent counsels. The discontent which had been gradually gathering head broke out openly in the Parliament of 1614. The Commons refused to consider the question of supply until their grievances were redressed. The King sent for them to Whitehall, tore up their Bills before their faces, and dissolved the Parliament without hav- ing passed a single Act. Some of the members were flung into prison ; and the King appealed from his Parliament to his people, not by ordering fresh elections, but by asking for a " benevolence " instead of a subsidy. The manner of raising that benevolence, so far as con- cerned the county of Devon; is recorded in some detail in the volumes before us. The first document should, perhaps be quoted at length. It is a letter from " ye Lordes of ye Councell " to " our verie lovinge friends" the Sheriff" and Justices of Peace in the County of Devon. I have not pre- served the manner of spelling. " After our hearty commendations. You cannot be " ignorant that upon the dissolving of the late begun Parlia- " ment, there hath not been yielded to his Majesty such " supply of wants as in Congruity of State he might have Qtiarter Sessions under J^ames I. 43 " expected from his loving subjects. Whereupon as well " the Lords Spiritual with many of the Clergy, as the Lords "and others of his Majesty's Privy'Council, with many other " Lords and gentlemen of worth and quality, taking the same "into serious consideration, out of their dutiful love and great " affection to his Majesty, in contemplation of the many " blessings and happiness which we enjoy by his most gra- " cious government, have of their own free motion, every one " for himself, with great alacrity presented and given to his " Majesty Plate or money, or both. Which example we are " informed the reverend judges for their parts, as also the " gentlemen and others of ability in these adjacent Shires and " some Cities and Boroughs, have lovingly and readily re- " solved to follow. And therefore we, very well understand- " ing the forwardness of your affections upon all occasions, " and in all things tending to his Majesty's service, have " thought good to make the same known unto you, wishing '' you to impart the same to other gentlemen, and all such " within that county that you shall discern to be persons of " good ability or otherwise fit to further the service. Whereby " the return and success thereof (which will rest much in your " industry and discreet handling) may carry with it a worthy " demonstration, as well of your own zeal and forwardness as " of the general love and good affection of that county towards " his Majesty. Whatsoever shall be given, be it money or " Plate, they whom in your discretion you shall depute to " have the collection and custody thereof, are to cause it to " be sent to his Majesty's Jewel House in Whitehall, with a " register in writing of the value of every particular gift, and " the names of the several givers, that they being presented " to his Majesty's view, he may be pleased to take notice of " their good affections, which he will ever retain in his 44 Quarter Sessions under James I. " grateful remembrance. And it is resolved that it shall " only be employed for the payment of his debts, as namely " for Ireland, the Navy, and the Cautionary Towns in the " Low Countries ; and so, leaving the carriage of this busi- " ness to your discretions and wisdoms, we bid you heartily " farewell. " From Whitehall, the 4th day of July, 1614. , Your loving " friends, "G. Cant. "T. Ellesmere, Cane. "Lenox. "T. Suffolke. " GiLB. Shrewsburie. " E. Worcester. " Pembroke. " R. Somersett. "E. ZOUCHE.' "W. Knollys. " E. WOTTON. " Ralphe Winwoode. "Jul. C/ESAr. "Tho. Parry. " Edw. Coke. " Tho. Lake. "Ext. Geo. Calvert." It may be observed that this letter is signed by Sir Edward Coke, who is said at one time to have given an opinion adverse to the legality of benevolences, and who afterwards fell into disgrace for his opposition to the Court. Like most other letters from the Council, it bears a large number of signatures, probably those of all the Councillors present. It is evident that the " solidarity " of what we call the Cabinet or the Ministry was considered far more important in that age than it was in the eighteenth century, and perhaps more im- portant than it is at present. Under the Georges there were instances of Ministers opposing each other, even in Parlia- mentary debate. At the present time it is generally under- 2 Sir Simonds D'Ewes mentions Zouche as Lord Warden of the Cinque Ports at this time, Worcester as Privy Seal, and Somerset as Lord Chamberlain. Quarter Sessions under yames I. 45 stood that a Cabinet must be agreed on all great questions of public policy, but considerable latitude is left to individual Ministers in directing the business of their several depart- ments. We have seen that a paper which attracted so much public attention as the Fugitive Slave Circular was issued by a department without the previous concurrence of the Prime Minister. Under Elizabeth and James it seems to have been the practice for the whole Council to sign almost every public document. We find this done not only in the case of a benevolence, which was no doubt a matter of first-rate constitutional importance, but in communications relating to the ordinary administration of justice and the relief of the poor, which in our day would bear no signature except that of the Home Secretary or the President of the Local Govern- ment Board. We may well believe that the demand for a benevolence caused no small cohsternation among the justices of Devon. They met in considerable force, and, after long and repeated consultations, they managed to agree upon the following answer : — " Right Honourable. Our humble duties remembered. " By virtue of your Lordships' letters dated the 4th of July " last, we assembled ourselves to consider by what means " we might best be able to give your honours satisfaction. " And entering into a serious consideration of the matter by " your Lordships propounded, according to the weight and " importance of it, there were presented unto us sp many " doubts and dangers as did not a little distract our resolu- " tions, and therefore, having spent much time and many " meetings in the free discovery of our own opinions, and also " private trial of others of best sufficiency, we fell at length " into this resolution (with as much speed as a matter of so 46 Quarter Sessions under y antes I. " extraordinary consequence would suffer), to make known " to your Lordships our general scruple, which under your " Lordships' favour is briefly this : The exceeding prejudice " that may come to posterity by such a precedent. His " Majesty's great necessity to be supplied (which we perceive " by your Lordships) wrought much upon the affections of "every particular of us, so as nothing but the fear of the "just blame of after ages could have abated our forward " dispositions from performing a service in itself so requisite, " propounded by your Lordships, and advanced by so many " reverend examples. Many other great and important " reasons, in our opinions, were presented to our considera- " tions, with which in respect of the sufficiency, as we think, " of this one which we have alleged, we thought best not to " trouble your Lordships. And therefore, to conclude, we " trust that this our plain answer shall stand just in your " favourable constructions, and shall not lessen the opinion " which your Lordships have ever had of our good and duti- " ful affections towards his Majesty in regard of the many " blessings which we daily receive by his most peaceable " and gracious government ; for we humbly entreat your " Lordships to rest assured that none of his Majesty's sub- " jects whatsoever shall be more ready and forward than " ourselves, in all the ancient lawful and laudable courses " of this kingdom, to lay down our goods at his Majesty's " feet for the supply of his wants, of which we are at this " time so sensible as we are very sorry that we are deprived " of the present means to show our faithful zeal and loyal " affections in that behalf. Thus leaving the farther consi- " deration hereof unto your Lordships' approved wisdoms, " we most humbly take our leaves and rest Your Lord- " ships to be commanded. "From Exon, the 26th of August, 1614." Quarter Sessions under y antes I. 47 This letter is signed by no less than thirty justices, no doubt with the hope that a demonstration by so large a body might induce the Government to reconsider its deter- mination, and might, at anyrate, preventits anger beingvisited upon individuals. The justices express so much regard for the opinion of " after ages," that it would be an act of ingrati- tude to abstain from publishing their letter. But it can hardly be expected to excite much admiration. Nobody could blame them for their unwillingness to contribute for a purpose which was in fact the abolition or weakening of Parliamentary government ; but their excuse was a very lame one, and was accompanied by expressions of servilit}' remarkable even among the servile compliments peculiar to the period. The only particle of spirit shown is in the in- sinuation that benevolences were not among " the ancient lawful and laudable courses of this kingdom." But no doubt they had good reason to be timid in their opposition. In another of the western counties, Wiltshire, Oliver St. John wrote on this occasion a letter to the Mayor of Marlborough, in which he remarked in good constitutional terms on the illegality of the King's conduct. He was instantly arrested for a seditious libel, carried before the Star Chamber, pro- secuted by Bacon, who was then Attorney-General, and sen- tenced to pay the enormous fine of 5000/. and to be impris- oned during pleasure. It was not to be expected that every county would produce a St. John or a Hampden. But the justices of Devon might as well have consented to pay at once as have rested their objection on their fear of creating a new and dangerous precedent. Of the legality of bene- volences there had always been considerable doubt. They had been actually condemned by a statute of Richard III., which had never been repealed, though the Crown lawyers had argued that it was void, as having been passed by a 48 Quarter Sessions under James I. usurper. But there had been many benevolences levied since his time, and the attempt to deny that there were precedents for such a course was as useless as it would have been to deny that the Tudors had ever reigned in England. It did not require a Government that could command the services of Francis Bacon to dispose of such a pretext. The council followed the old course, which had been so often successful under the previous dynasty. They sent for some of the leading men of the county to appear before them ; frightened them thoroughly, and sent them back to their companions with a letter in which contempt was thinly covered with a veil of decent politeness, and adorned by an appropriate quotation from the recently published Preface to the Bible. "After our very hearty commendations. We did of " late address our letters unto you, signifying upon what " occasion the Lords Spiritual, with many of the clergy, " together with the Lords and others of his Majesty's Privy " Council, and many other Lords and gentlemen of quality, '• were moved to make a free and voluntary contribution " for the supply of his Majesty's occasions, wishing you " to impart it to other gentlemen, and such within that " County of Devon as you should discern to be persons of " good ability, or otherwise fit to further the service. In " answer whereof we received yours of the 26th of August " last, subscribed by most of you the Justices of that " county, imparting a general scruple of exceeding prejudice " that may come to posterity by such a precedent, so as " nothing but the fear of the just blame of after ages could " have abated your forward dispositions from the perform- " ing of a service in itself so requisite. Whereupon we " thought it very expedient both to certify this mistaking, and " to justify our proceedings herein to be safe and free from Quarter Sessions under y antes I. 49 " any such doubts or exceptions. And having informed " ourselves more particularly thereof, as also of such other " reasons as are mentioned for important, nor expressed in " your letter, nor found to be such upon enquiry ; it was at " this board in the presence of some of yourselves evidently " proved and manifested by constant and continual prece- " dents and records, that the like voluntary and free gifts " (without coercion or constraint) have from age to age " been made to his Majesty's most noble progenitors for " the supply of their necessities, as by the same precedents " and records particularly appeareth. Whereof, as of the rest " then delivered, the gentlemen then present can give you " farther and more particular satisfaction ; and therefore, " fdrasniuch as the said general scruple is thus cleared, and " that it is not meant to exact upon the country, but only to " move such as are of ability and sufficiency (to) cheer- " fully and willingly contribute as at the first, so now again " we wish you to resume this service, tending so much to " the public good as by our former letter appeareth, which " we refer to your better considerations, and that now at " length you so effectually dispose yourselves as that of " Devon be not noted to be the only county that is not " moved to concur with the whole kingdom in this free and " voluntary supply, but rather that you endeavour to re- " deem that which is passed with such alacrity and demon- " stration of thankfulness and good affection as the great "and manifold blessings you enjoy under His Majesty's " most gracious and just government may move or induce, " and as we are persuaded upon better advice ye will readily " perform. And so we bid you very heartily farewell. " From Whitehall, the last of November, 1614. " To our very loving friends the Sheriff and Justices of " Peace within the County of Devon." E 50 Quarter Sessions under yames I. It is not uninstructive to compare these proceedings with Bacon's speech upon the trial of Oliver St. John, in which he argues that this was " a true and pure benevolence," not an exaction called a benevolence, which the Duke of Buck- ingham had defined to be not what the subject of his good- will would give, but what the King of his goodwill would take. In this case — " the whole carriage of the business had no circumstance " compulsory. There was no proportion or rate set down, " not so much as by way of a wish ; there was no menace " of any that should deny ; no reproof of any that did " deny ; no certifying the names of any that had denied "..... This was a benevolence wherein every man had a " prince's prerogative, a negative voice ; and this word " excuses moy was a plea peremptory." We may doubt, perhaps, whether the justices of Devon thought that " the carriage of the business had no circum- stance compulsory," and that their minds were convinced by pure argument. But, at any rate, they saw the inutility of remonstrating, and set to work to do the bidding of the Council. They met together on the 12th of January in large numbers at Bedford House in Exeter, the residence of the Earl of Bedford, Custos Rotulorum. At the head of the list appears the name of Sir John Dodridge, one of the many eminent lawyers that Devonshire has produced, who had been recently appointed to the Bench, and was pro- bably sent down by the Council to indicate to his fellow- countymen the way in which they were desired to proceed. They divided the whole county into districts, to each of which a small committee of justices was appointed, and they sent out orders to the constables throughout the county, " as they would answer their Lordships to the con- Quarter Sessions under yames I. 51 trary," to give notice to all " subsidy men," and to all others able to contribute to " his Majesty's free guift," to be pre- sent at their several meetings on the next Monday. The appointment of committees gives us a list of fifty-four justices, probably the whole number in the county. As the number is exactly the same as in the year 1592, it seems possible that it may have been limited. The justices were to bring all the moneys they collected, with the names of the givers, to Bedford House in Exeter on the Wednesday in the next sessions week, at eight o'clock in the forenoon, and to pay the sums over to Sir George Smyth, " Highe Shrieve of the Countie." And at the Michaelmas Sessions we find an order that the justices in every division are to " take a strict course " with the constables of hundreds of parishes to send in accurate lists of such persons as had paid, and of such as had not paid, which lists were to be sent to Sir Francis Fulford and William Gary, Esq., for examination. This is the last entry relating to the benevolence of 1614-15. Master Gharles Vaughan, who held the office of Clerk of the Peace {dericus pads) at that period, was not so accurate a man as might be desired in that position. Many facts recorded by him have to be dug out of masses of irregular minutes, entered in exceedingly bad writing. He often records the beginning, middle, or end of an affair, omitting the corresponding portions. So, in this case, we are enabled to trace every step taken in the matter of the benevolence, except the last. We find no record of the total sum collected in the county, or of the portions sub- scribed by individuals.' But this hiatus is partially supplied * By the records of the Exchequer it appears that 23,500/. was E 2 52 Quarter Sessions under James I. on another occasion. After the other great quarrel between the King and his Parliament, in 162 1, James had recourse to another benevolence. As this event does not seem to have attracted the attention of historians so much as the other, it may be advisable to quote the letter of the Council on this occasion also. It appears to me to show a distinct advance in boldness on the part of the Court since 1614. At that time the benevolence was represented as a strictly voluntary subscription, initiated by the Lords Spiritual and Temporal. In 1622 it appears as an appeal made by the King in person to his people, or rather to his magistrates, and the intimidation of individuals is enjoined with very little circumlocution. "After our very hearty commendations. What en- " deavours his Majesty hath used by treaty and by all fair " and amiable ways to recover the patrimony of his chil- " dren in Germany, now for the most part withholden from " them by force, is not unknown to all his loving subjects, "since his Majesty was pleased to communicate unto them " in Parliament his whole proceedings in this business. Of " which treaty his hopes being at last frustrate, he was en- " forced to take other resolutions, namely, to recover that "by the sword which by other means he saw no likelihood " to complish. And his Majesty was confident that in a " course so nearly concerning him and his children's interest " his people in Parliament would have yielded him a liberal "and speedy supply. But the same unexpected not suc- " ceeding, his Majesty is constrained, in a cause of so great " necessity, to try the dutiful and forward affections of his " loving subjects in another way, as his predecessors upon received from the City, bishops, and courtiers, and only 42,600/. from all the rest of England. Quarter Sessions under Raines I. 53 " like occasions have done in former times, by propounding " a voluntary contribution. And therefore as we doubt not " but yourselves will herein readily follow the good and " liberal example of such as have been before us, which we " may assure you his Majesty will take in very gracious part, "so his pleasure is, and we do hereby authorize and require " you with all convenient expedition to call before you all " the knights, gentlemen, subsidy men, and all others of " known ability within that county, and to move them to " join cheerfully in this contribution in some good measure " answerable to that yourselves shall and divers others well " affected have already done, wherein his Majesty is as- "sured that, besides the interest of his children and his own " Crown, the Religion professed by his Majesty and happily " flourishing under him in his kingdom (having a great " part in the success of this business) will be a special " motive to persuade and incite them thereunto. For the " better advancement of which service you are upon your " first general meeting to divide yourselves in such sort as " may best advantage the same, and not to call too many " to one place at one time, but to take their answers and " offers severally, calling in the persons unto you one by " one. For the collectors we doubt not but you will con- " ceive how requisite it will be to make choice of meet and " sufficient persons, who are to call for the moneys that " shall be given so as the same may be all paid in by the " 30th of June next. And so, recommending the service " to your best care and endeavours, praying you to return " unto us by the loth of June next a schedule of the names "of such as shall contribute, and the sums given by them, " that his Majesty may take notice of the good inclination " of his subjects in a cause of such importance, as likewise 54 Quarter Sessions under yames I. " of such others (if any be) that out of obstinacy or dis- " affection shall refuse to contribute herein, we bid you " heartily farewell. "From Whitehall, 31st March, 1622. " Your very loving friends, " G. Cant. " G. Carew. "Jo. Lincoln, €.S. "J. Mandeville. " Hamilton. " Pembroke. "H.Falkland. "T.Edmonds. " T. Arundel. " Ju. C^sar. " La. Winton. " Rich. Weston. " L. Cranfield. " Jo. Suckling. " J. Lenox. " To our very loving friends the High Sheriff and Jus- " tices of Peace of the County of Devon." On this occasion the justices could not profess their former scruple as to creating a bad precedent for after ages. Their " forwardness " was no doubt quickened by a rumour recorded in the Diary of Walter Yonge, a Devonshire gentleman of the period, that all persons refusing the bene- volence would be sent to serve as soldiers in Ireland or the Palatinate. They at once issued an order in exact con- formity with the letter of the Council, repeating the special direction about " calling persons severally unto them one by one." All moneys collected were to be J^aid to Simon Leach, Esq., " at Mr. Walter Boroughe's house, now Mayor of Exon." Simon Leach was sheriff in 1625, and was knighted on the accession of Charles I. At the same sessions we find a sum of money appended to each name in the usual list of those who attended. Although no explanation is given, I think we may farly Quarter Sessions under Raines I. 55 suppose that this represents the amount which each sub- scribed to the benevolence ; and it therefore shows what the burden really was, or, perhaps we ought to say, how little a country gentleman might venture to give without attracting the unfavourable notice of the Government. Edmund Parker, sheriff of the county, gave 40/. " Bar- ronett Vincent " and Sir William Courtenay each gave 30/. Sir Henry Rolle gave 20/., Sir John Whiddon 1 5/. Sir W. Pole and J. Drake, Esq., gave 10/., and all the rest of the knights and esquires, twenty in number, gave 4/. each, except one gentleman who limited his offer to 50J. Sir W. Strode, it is mentioned, had "given to the Lords." From this it appears that the contributions of twenty-seven of the principal gentlemen of the county, being half of the whole body of justices, amounted to 233/. ioj. What was the amount collected from the whole county does not ap- pear, but it can hardly have been very large. The people, though not bold enough to refuse, were becoming bold enough to reduce their subscriptions. At the time of the benevolence raised by Henry VHI. in 1545, the county of ■Devon produced 4527/. His Council had plainly intimated that the least which his Majesty could reasonably accept would be twenty pence in the pound on the yearly value of land, and half that sum on movable goods. There can be no doubt that the value of land had increased enormously during the three quarters of a century that had elapsed since that time. The fair mansions and abundant plate of the period are material proofs of the comparative wealth of the country gentlemen of the reign of James I. There was no " Domesday Book " or " Return of Landowners " in that age ; but it is certain that the contributions on this occa- 56 Quarter Sessions under James I. sion did not amount to anything like twenty pence in the pound. Sir Henry Rolle, who was very probably the largest landowner in the county at that time, as his repre- sentative is at the present day, subscribed 20/., which, at twenty pence in the pound, would have represented a rental of only 240/. ! According to Walter Yonge, the Bishops granted the King on this occasion a benevolence of y. lod. in the pound on all " spiritual men's lands ;" which caused much discontent among the clergy, " yet most paid the same not without a kind of muttering." The estimated amount to be raised from all England was 200,poo/., but only 88,000/. was obtained. Among James's expedients for raising money was, as is well known, the creation of the order of baronets. The first created in Devonshire were Seymour (whose title has been inherited by the present Duke of Somerset) Vincent, and Prideaux, whose baronetcy became extinct in 1875. The new title seems to have puzzled the Clerk of the Peace, and its recipients are entered in his books for several years as " Barronett Seymour, Barronett Vincent, and Barronett Prideaux." There is nothing new under the sun, except things that are so old as to have been forgotten. We have heard much in our own time of " foreign loans," but we should hardly have expected to find one recorded in the sessions books of an English county in the reign of James I. So, however, it is. An appeal for a foreign loan was made to the British public, not by a republic of Central America, but by a King of Central Europe. We have seen in the last letter of the Council the anxiety of the King respecting " the patri- mony of his children in Germany, now for the most part withholden from them by force." His only daughter, Quarter Sessions under y antes I. 57 Elizabeth, had in the year 1612 married Frederick, Elector Palatine, who had been in 161 9 elected King of Bohemia. The new monarch was instantly attacked by the whole power of the Empire, supported by an army of Spaniards- He assumed the character of the champion of the Pro- testant cause, and appealed for help to the Protestant nations. Even the pacific James was half inclined to go to war ; and, though he could never fully make up his mind to so dangerous a step, he allowed an English contingent to serve under his son-in-law. He also permitted the agents of Frederick to apply to the English people for pecuniary support. It is on this occasion that we find a letter addressed by the Bohemian ambassador, "the Baron of Dona,"^ to the Earl of Bath, Lord Lieutenant of Devon, and by him com- municated to the Court of Quarter Sessions through the High Sheriff, Christopher Savory. In transmitting the letter, the Lord Lieutenant mentions that he is about to join with others of his rank in this contribution, but that he is also ready to do anything the justices wish to forward the business. The letter of the ambassador, which was brought down to Devonshire " by a messenger of his Majesty's Chamber," runs thus : — " Right honourable and my very worthy friends, — " I need not here remonstrate unto you the state of the " affairs of the King of Bohemia my master, for the fame ^ Baron Achatius of Dohna, or Dhona, as his name is spelt by Bacon, was for some time resident in England. He was disliked by Buckingham, and consequently by James, and was compelled to leave the country in January, 1 621. 58 Quarter Sessions under J antes' I. " thereof is so public, and your affection is so good to the " welfare of your Sovereign's children, that you cannot be " ignorant thereof, insomuch as I doubt not but you are " partakers of the general joy and gladness for those mani- " fold blessings and prosperities which God hath been " pleased every day more and more to confer upon them, " and will not exempt yourselves out of the number of " those who in their zeal to the service of the blood royal " do jointly contribute to the assistance and preservation " thereof. The reasons are apparent, and the means offer " themselves to our wishes, if it please you to lay hold on " them, whereunto I know you are all well addicted. I " have, amongst other things, received charge from the " King my master, to desire the Lord Mayor, and his " brethren the Aldermen of the City of London, that in con- "sideration of the present necessity of the affairs of my said " master it will please them to furnish him with the loan of a " good sum of money. I find that they are very well disposed " that way, yet so as they desired to leave a place open for " you and others, the well-affectioned of this kingdom, to " come in and concur with them in so good a work. And " for example divers, together with those of the city, have " already begun to enter the lists, namely the clergy and " many of the nobility and others ; yea some of the princi- '■ pal lords make no difficulty to embark themselves therein, "and therefore I hope you will not be the last. That " which I so earnestly entreat is in behalf of the King, my " master, and of his Queen, the only daughter of the King "your sovereign, ike most glorious mother and fruitful " nursery of the royal plants. The only consideration where- " of, and of those heavenly blessings which do so clearly " appear in her, will incite you to this holy enterprise ; and Quarter Sessions under yames I. 59 " on the contrary, I assure myself the adverse practices, " apprehensions, or suggestions of others will no way hinder " you, especially when the examples of so remarkable per- " sons of the kingdom as aforesaid, and the examples " of some of the shires already, do lead and encourage "you, as also in the entire affection of his Majesty him- " self, whereof there can be no doubt made, it being "unlikely that his Majesty will not heartily desire and " consent to that which is for the good of his blood and " issue. I cannot therefore but hope well of the real " effects of this overture unto you, being for the assistance "and consolation of those whom I assure myself you " would not willingly frustrate of the hope and expecta- "tion, nor of the good opinion which they have of "your affections, but that you will rather oblige them " by your present and worthy resolutions therein, where- " of I promise you a grateful acknowledgement here- " after under the hands of the King and Queen of Bohe- " mia j which shall also assure you of the right employ- " ment of your favours in their occasions. I will entreat " you to communicate this to all parties of the county, as "you shall judge it most proper for the advancement of so " good and acceptable work ; and so, committing you to " the protection of the Almighty, and praying Him, so to " direct you and to bless your counsels as they may tend to " His glory and the good of His chosen, I take my leave, " and remain ever " Your very assured to do you service. "Westminster, this 26th of May, 1620." One can hardly help admiring the honest and straight- forward letter of the Bohemian nobleman. He has a most 6o Quarter Sessions under yames I. lordly disdain for the base details of business. He speaks of a loan, but he scorns to allude to the total amount of it, or to the rate of interest, or the time of repayment. A modern State under similar circumstances would have promised twelve per cent, and paid nothing. The Baron of Dona soars far above such considerations. The King, his master, wants " a good sum of money." England has money, so the accommodation will be mutual. "The reasons are apparent, and the means offer themselves." It is fortunate for Devonshire people that there is " a place open for them," and that they have an opportunity of not being the last. It seems probable that this spirited appeal had consider- able success. The English people were becoming tired of the piping times of peace, and anxious once more to "drink delight of battle," as in the glorious days of Elizabeth. They did not know much about Bohemia, except that it was " on the seacoast." The old buccaneering sailors who hung about the harbours of the southern counties told their tales of Drake and Raleigh, and how they had hunted down the gold-laden galleons. The imaginations of earnest Protestants were fired by the idea of the daughter of their king being hard pressed by Popish enemies. Indeed they were far more ready to go to war for her sake than her own father was. Walter Yonge says that Dr. Sutclif, Dean of Exeter, was "sent for" (by the Council) for speaking against the Spanish match, and saying the King showed no natural affection to leave his daughter in distress. James was not only constitutionally averse from war, but his notions of the Divine right of kings could hardly have permitted him to approve of the way in which Frederick had obtained the crown of Bohemia. Afterwards, when his Quarter Sessions under yames I. 6i unfortunate son-in-law had lost not only his new king- dom, but his old hereditary dominions, James was, as we have seen by his letter of 1622, extremely indignant at his family being deprived of their patrimony, and talked big about recovering by the sword what he had failed to obtain by all amiable ways. But, even so, his indignation did not proceed to extremities. The King of England, according to a farce of the period, swore he would send a hundred thousand — ambassadors ! Indeed, his conduct can hardly be better described than in a clever fable of our own day : — In a wordy despatch full of menace and moral, Then the Trout call'd the Perch a bad lot, And declared that he enter'd the lists of that quarrel With the sternest resolve to fight — not. The fact was, that James was aiming at two different objects, both of which he hoped to attain. He flattered himself that his alliance with Spain might be the means of recovering the Palatinate from the Emperor. But, on the whole, he cared more for a possible Spanish daughter-in- law, than for an actual German son-in-law. Such, however, was not the feeling of his people. The King of Bohemia was for the time a very popular person- age. In Devonshire his projected loan was recommended by the Lord Lieutenant and High Sheriff, and adopted by the Court of Quarter Sessions. It was resolved that copies of the ambassador's letter should be sent to the justices in every subdivision, with a suggestion that they should appoint collectors and receivers, and bring all they could collect to the next general sessions. In this case, too, we unfortunately do not find any record of the amount subscribed. The business passed out of the 62 Quarter Sessions under yames I. hands of the justices. At the October sessions a financier of the period appears upon the scene — Mr. Abraham Jen- nings, merchant, of Plymouth. He had obtained a com- mission from the Baron de Dona and Abraham Williams, Esq., the King of Bohemia's agent, to receive all the money collected in Devon and Cornwall. All constables living near Exeter were therefore ordered to pay in their collec- tions to him or his deputy at Mr. Garland's house in Exon, and the rest were to make their payments at his house at Plymouth. Mr. Abraham Jennings writes to Sir William Strode to say that " his business at home by reason of the fleet " is such that he may not well be absent, and he deputes his man, Peter Goodman, to receive the loan for him. The fleet at Plymouth at this time was, no doubt, that of Sir Richard Hawkins, prepared for the pur- pose of attacking Algiers. One would like to know whether the unfortunate king ever got any of the money.' It certainly did not reach him in time to have any influence on his affairs. Within a few days of this time, on November 8, 1620, was fought the decisive battle of Prague, which ruined his cause for ever. From that time the fate of Frederick was even as the fate of Banquo — the ancestor of a long line of kings, though he himself was none. Other foreign powers had different ways of raising money in England. Turkish bonds were by no means unknown in those days, though not exactly of the same description as those of the nineteenth century. We frequently find in ' I find this suspicion confirmed by a passage in the Autobiography of Sir S. D'Ewes : " There were indeed divers moneys now collecting here in England for the aid of the Palatinate, but much of it, as was feared, came short of so good a use." Quarter Sessions under y antes I. 63 these volumes entries authorizing the collection of charit- able contributions for redeeming Christian captives from the Turkish galleys. ~ Sometimes they are for the benefit of a single individual. As a specimen I may perhaps quote an order of October, 1607 : — " It is ordered that friendly letters be written by the " Clerk of the Peace to the constables of every particular " Hundred, that they, by their letters to the petty constables " of every particular parish within their several divisions, do " entreat the said constables thereby to appoint two of the " fittest men of every parish, on some Sunday after Divine " service, to stand at the church-door and to persuade all " men to extend their charitable devotions for the enlarge- " ment of a poor Christian, an Enghshman, and born in "Plymouth, who hath been long time a captive in the " Turks' galleys. And that the same money so collected " be by the said constables of parishes brought at the next "sessions, with the particular names of the givers, and the " sums what they gave, and to pay the same to such as shall " be appointed by the Justices to receive the same at the " next sessions." It would appear that 30/. was considered sufficient at this time to redeem a captive ; and that sum was paid to a Mr. Carkeet, of Plymouth, who undertook to manage the business. From time to time we find mention of the progress of this case and others. Sometimes the unfor- tunate captive was reported to be dead, and sometimes to have been released. The practice of kidnapping, of course, went on increasing, and the price of redemption went on rising. In July, 1623, we find a curious general order, showing how common such crimes were at this period : — 64 Quarter Sessions under ^ antes I. " The Justices in their several subdivisions are ordered " and entreated to command the head-constables to bring "them a note from the petty constables of all the names "who, in their several parishes, are in Turkish captivity, " and what their friends will give to bring them home, and " to bring that on Tuesday to Bedford House, at the next " assizes." And in October we find that — " the Justices do undertake with Mr. Neale, that so much " as is fit shall be paid for those persons who shall be " brought out of Turkish Captivity to the English shore. " And what is not raised by their friends, the same to be " laid out of the remainder of the hospitals till it be levied." The name Turks of course meant especially the pirates of Algiers and the adjoining coast. In 1619 the city of Exeter paid 500/. "towards suppressing pirates." At the beginning of the reign of Charles I. we meet with a pitiful story : — " Whereas this bench is by a very large certificate unto " them exhibited under the hands of the Lord Bishop of " Exon, the Mayor and divers Aldermen of the city of Exon, " and also divers Justices of this county, given to under- " stand that Julyan Vynton, of Topsham, widow, hath of " late suffered a very great loss, to the value of 700/., by *' means of a ship which she had taken by certain pirates " of Sallye, and in the same one son of her's and two sons- " in-law, together with divers other mariners in the said " ship, who by the said pirates were carried into Barbary, " where they remain in most miserable captivity and torture, " until they shall either deny the faith of Christ professed, "or pay 200/. or 300/. for every of their ransoms, which the "said Julyan Vynton or any other friends for her said sons Quarter Sessions under yames I. 65 " are no way able to satisfy ; it is therefore ordered that " the said Julyan Vynton shall receive from the treasurer " of the Hospitals of the South Division the sum of 10/., " towards the payment of the ransoms for her said sons, " who have many poor children depending upon the welfare " of their said parents." The premisses would seem sufficient to have supported a larger conclusion, supposing it was right to deal with pirates at all in such a manner. It was evidently time that a Blake should arise, and show the corsairs that the arm of England was long enough to reach them. NOTE. Names of the Justices of Devon who subscribed to the benevolence levied by James I. at the Quarter Sessions held in May, 1622 : — I s. E. Parker (Sheriff) . . . 40 Baronett Vincent . . 30 Sir W. Courtenay . . . 30 Sir T. Prideaux . . • 4 Sir J. Whiddon . . • IS Sir T. Drewe . . . . 4 Sir R. Chichester . . 4 SirH. RoUe . . . . 20 Sir W. Pole . . . . 10 Dr. Clifford ... • 4 J. Drake .... . lo W. Walrond . . . . 4 R. Reynell (Ogwell) . 4 J. Woode .... . 4 R. Haydon . 4 J. Northcott 4 E. Chudley 4 W. Bastard 4 N. Gilberte 4 R. Reynell (Creedy) . . 4 J. Davie 4 H. Clifford 4 M. Frye 4 T. Ford 2 J. Welshe 4 H. Burye 4 B. Berie 4 TO o o o ;£233 lo 66 QUARTER SESSIONS UNDER JAMES I. PART II. The reign of James I. was an age of great lawyers. A long list of such names is known to students, and some of them, as Coke, Bacon, and Selden, are familiar to every- body. We find in the records of Quarter Sessions evidence of considerable efforts made at this time to improve and organize the administration of law, if not of justice. There seems to have been a conception of the duties of judges far more extensive than that to which we are ac- customed. Besides their usual work in the trial of pri- soners and of causes, they appear to have been employed as what we should call inspectors of the county justices. They were directed to inquire during their circuits into the manner in which the justices exercised their functions. They were to require the justices to furnish them with reports on various subjects, especially on " recusants," ale- houses, rogues, paupers, and so forth. Matters of county business, such as those relating to rates and assessments, were referred to them, and orders upon these affairs were frequently issued by them. They adverted in their charges to questions concerning the trade and manufactures of the district, and they gave interpretations of law for the Quarter Sessions under yames I. 67 guidance of the justices, without requiring individual cases to be argued before them. James himself, who was not without considerable capacity for public business, took much interest in the details of this work. We find in a speech of Bacon's that the King is specially praised for this, — that he constantly consulted the judges, — that he conferred with them regularly on their returns from their visitations and circuits, that he gave them liberty both to inform him and to debate matters v/ith him, and in the conclusion commonly relied upon their opinions. This system, though adopted no doubt with the view of ex- tending the power of the Central Government, can scarcely have failed to be beneficial in some respects, especially at a time when the greater number of the justices were by no means too well educated, and not altogether above suspicion of corruption. It had been the practice frequently to adjourn the Quarter Sessions, and sometimes to adjourn to another town for some special reason. It had also been usual to refer particular cases to two or more justices resident in the district where the matters in question had occurred- But the establishment of regular Petty Sessional Divi- sions, and the administration of justice in them, were clearly provided for in the following orders, which were sent down, with a letter from the Council, in June, 1605 :— " Orders conceived fit to be put in execution in these " several counties of this realm for the better preservation " of his Majesty's subjects in peace, order, and obedience "within the same. At the Court, Greenwich, 23rd of June, " 1605. " (i) First, that the Justices of the Peace resident within F 2 68 Quarter Sessions under y antes /. "any county of the realm (except they have just cause of " impediment) be at every quarter sessions for that county " or part of the county in which they are resident from the " beginning of the same sessions to the end thereof " (2) That the Clerk of the Peace give a true certificate " upon his oath at every assizes to the justices of the assizes, " what Justices of the Peace resident as aforesaid were absent " from any such quarter sessions of the same county holden " mean between that and the assizes next before, or who, " being at the same sessions, were not there at the beginning " thereof, or held not out till the end, according to the tenor " of the former article. " (3) Item, that the Justices of Assize do examine the truth " of the cause of such justices' absence or not- attendance at " any of the said sessions, and for such as shall be found to " have offended therein without just cause or excuse, the " Justices of Assize to advertise the same to the Lord Chari- " cellor or Lord Keeper of the Great Seal for the time being, "whereby his Lordship may deliver it to his Majesty and " Council, that such course may be taken therein as shall " stand with justice. " (4) Item, that upon Conference between the Justices " of Assizes and the Justices of the Peace of every several " county at the next assizes to be holden in the same, con- " venient and apt divisions be made through every county " and riding, and that fit Justices of the Peace be assigned "to have the special charge and care of every such division, " and these to be answerable for such defects as through ' " their defaults shall happen therein. And every such divi- " sion to be so made as none be driven to travel above seven "or eight miles, that then the same part be assigned to the " division of the county next adjoining. Quarter Sessions under James I. 69 " (5) Item, that the Justices of the Peace of every such " division be assigned to assemble themselves together " once between every general Sessions of the Peace near " about the midtime between each such sessions, at some " convenient place within their several divisions, to en- " quire of, and see the due execution of these things fol- " lowing, viz. " (6) The Statutes of Labourers, the Statutes concerning " Alehouses and Tipplers, the Statutes of the Assize of " Bread and Drink, the Statutes concerning Rogues and " Vagabonds, the Statutes for setting of the Poor on Work "and to bind their Children Prentices, but especially to " bind them to husbandry and housewifery, and to be in- " formed of all manner of Recusants as well Popish as " Sectaries, Murderers, Felonies, and Outrages within that " limit. And to execute the Statutes concerning Artificers, " matters of the Peace, and all other things within their " several divisions as aforesaid, appertaining to their office " to deal as Justices of the Peace, and thereupon to take " such course that the same be dealt in and reformed " according to the law. But especially such as keep ale- " houses without licence may there be examined and pre- " sently punished according to the law. And that such " as having licence do abuse the same, or not observe these " articles, be put down and proceeded with upon their " recognizance and such like. " (7) Item, that the Constable of the Hundred and " Wapentake and Petty Constables and other inferior offi- " cers, touching matters of justice, inhabiting within any " the limits aforesaid, be at the said assemblies, to deliver " their knowledges touching the premises. And by warrant " from the justices of that division' to bring to the assemblies 70 Quarter Sessioiis under James I. " such as offend in remissness or otherwise touching fogues " and idlers, or in keeping of tippling houses without lawful " licence, or which do not observe the articles and orders " prescribed unto them. " (8) Item, that they appoint a clerk to keep notes of " their proceedings at these assemblies. " (9) Item, that the same clerk and constables of the " Hundreds inhabiting within every such limit certify the " Justices of Assize at every assizes upon their oaths what " Justices of the Peace were absent from any such assem- " blies, that the cause may be examined and if need be " certified as aforesaid. " (10) Item, that at those assemblies they punish by the " good behaviour such as be common drunkards, and all " common haunters of alehouses, and that they also take " order that all idlers be dealt with and punished according " to the laws, and that also at those assemblies they examine ■" the negligences, disorders, and misbehaviours of constables) " petty constables, and other inferior ministers, and there- " upon to take order for proceeding against them for the " same according to the laws. "(11) Item, that the Justices of Assizes do at every "assizes inform themselves as well by the Clerks of the " Peace, Constables of the Hundred, as otherwise, what ser- " vice have been performed by every Justice of the Peace " since the assizes last before in apprehending of murderers, " robbers, and thieves, in punishment of rogues and vaga- " bonds, in suppressing and putting down of alehouses and " tippling houses, and in punishing such other offences and " disorders wherewith the country is most infected, and who " hath been negligent in doing their duties therein, and to " make relation thereof to the Lord Chancellor, and his Quarter Sessions under "jfames I. 71 " Lordship thereupon to make it known to his Majesty " and his Council aforesaid. " T. Ellesmere, Cane. " Salisbury. " Northumberland. " E. Bruce. " H. Northampton. " Lenox. " E. WoTTON. " Devonshire. "Ashley. "W. Knollys. « T. Dorset. " J. Harbert." " E. Worcester." This Irtter gives additional evidence of the well-known desire of James that country gentlemen should live at home and attend to county business. We are reminded of the " good thing " he is reported to have said, to the effect that a country gentleman in London was like a ship at sea, which looked very small, but in his own county he was like a ship in a river, which looked exceedingly big. These orders lay down pretty plainly the "whole duty" of a justice, and point to the establishment of a sharp system of discipline in enforcing its performance. That system could hardly have been maintained, but it may perhaps be doubted whether the practice of succeeding generations has not erred in the opposite direction. Among^ the points prescribed, the discovery of " recusants " soon after assumed the first place. The Gunpowder Plot took place in the following November. But, for the present, the regulation of alehouses and " typlers " appeared the most pressing question, as it still does after the lapse of two hundred and seventy years. The orders were accompanied by a list of articles which all persons licensed to keepl " typling-houses " were to be bound to observe. No chil- dren or servants were to be allowed to tipple at all. No ya Quarter Sessions under J antes I. one was to be allowed to tipple above one hour in any- one day. No tippling was allowed during the time of " sermons or service," nor at any time after nine o'clock at night. No " carding," dicing, or drunkenness was to be permitted. Brewers were to sell "the best" at 6s. the barrel, and "the small" at 4j, ' Alehouse-keepers were to sell the best at ^d. per gallon, and the worst at 2d. the gallon. The number of such houses was to be " as few as may be," and certificates of the number in each division were to be produced to the Judges of Assize. No brewer or alehouse-keeper was to be a " retayner " to any justice. Even before this, at Easter 1604, the justices of Devon had adopted stringent measures for " abridging " alehouses, which they declared were the " nursery of lawless persons." All unlicensed or ill-ordered houses were to be forthwith suppressed, and no more to be licensed " than are of neces- sity ; " for the use of unlawful games there, " and the abuse of God's good creatures by quaffing, drinking, and gluttony, is found by lamentable experience to be the cause of manifold dangerous effects." We find many instances of such houses being "suppressed," and sometimes the reasons kre given at length, as in the case of one Liswell, who kept an alehouse in the parish of St. Budeaux, in the high-road leading from Plymouth to Tavistock. His house is declared to have been " the receptacle of many lewd and wicked persons ; " some convieted for murders, others for robberies, and many rogues, vagabonds, and other lewd people Suspected of sundry misdemeanours, had been har- boured and had relief there. Readers of Westward Ho may remember the " Rogues' Harbour " Inn, on the road between Plymouth and Lidford, where Salvation Yeo slew the King of the Gubbings. Quarter Sessions under y antes I. 73 Towards the end of the reign we find mention made of a name that has passed into history in connexion with the subject of monopolies. Three persons were complained of for selling ale at Newton Abbott, under pretence of a licence from Sir Giles Mompesson. Cakes and ale were evidently obnoxious to the virtue of the authorities. An order of Easter 1607 declares that church ales, parish ales, young men's ales, clerks' ales, sextons' ales, and all revels, are to be utterly suppressed. Yet we find as late as 1622 that the war against them was still being carried on. In June, 1608, we have a letter from the Lords of the Council, enclosing new and stricter orders for the regu- lation and licensing of alehouses. The letter is chiefly remarkable for the explanation of a misunderstanding arising from a passage in a former letter. His Majesty had said that the disorders of such houses arose from the negligence of " inferior and subordinate ministers," which had been interpreted as intended to convey a general im- putation upon justices of the peace. The Lords declare that this is not so, and that they are ever ready to repre- sent to his Majesty " the effects and fruits of the service of many worthy gentlemen that bear that office." But they take the opportunity of exhorting them to use great care and diligence in the execution of his Majesty's directions, " as is answerable to the trust reposed in you." Appended to the new orders is a list of parishes, ham- lets, and places in Middlesex in which the alehouse-keepers are to pay the same sums as are paid in cities, towns cor- porate, and market towns. This gives us an idea of the " Metropolitan district " of that age. It is interesting to observe that it included such rural localities as Chancery 74 Quarter Sessions under Mantes I. Lane, High Holborn, and Gray's Inn Lane, "Shordich, Hockston, Finneburie, and Islington." In July, 1608, there were special orders made for alehouse- keepers in Devon. In addition to the provisions in the general order, we notice that they were prohibited from dressing or uttering any flesh to be eaten in Lent or upon any day forbidden by the laws, except for persons lawfully licensed to eat the same. Also that they were not to receive into their houses any persons suffering from any horrible or infectious disease, and that they were to inform the constables of any strange or suspicious person that came to lodge with them. But they were bound to " lodge, harbour, entertain, and utter their victual and drink for reasonable money to all wayfaring people that shall require the same." It is more interesting to trace the administration of the law in matters of religion. In the summer circuit of 1606, the judges were directed to cause complete lists to be made of all freeholders, to obtain from the gaolers a return of all fees that they received, to take an account of the justices of what they had done, and finally to cause all constables to be bound over to inform and give evidence against the " recusants " in their districts. This was the commence- ment of a period of renewed diligence in inquiring after these unfortunate objects of suspicion, a business in which the local authorities may sometimes have been more keen than the imperial Government. Already, at the Easter Sessions of 1605, a warrant had been issued to search the houses of George Eveleigh and Thomas Babington, of Ottery St. Mary, " upon credible information of great resort made to them in the night season and other un- lawful times of Recusants, Papists, and other persons Qtiarter Sessions under yames I. 75 ill-affected to his Majesty." Some also of those that re- paired thither were Suspected of being either " Semy- naries, Jesuites, or massing Priests, and to bringe with them Popishe bookes, vestments, and other unlawful reliques." One would like to know something more of this Babington, and whether he had anything to do with the conspirator of 1586. Walter Yonge mentions in the same year that the judges were to try Abbington and two seminaries taken in his house, and there can be little doubt that this was the same individual, though it is curious that in Worcestershire Thomas Habington was suspected of complicity in the Gunpowder Plot, and his daughter was believed to be the writer of the famous anonymous letter that revealed it. In the next calendar we find the names of Thomas and Agnes Babington as recusants — the latter admitted to bail. Thomas seems to have been remanded from time to time, — the usual way of breaking down the spirits in such cases. In another calendar we find him convicted of recusancy, and sentenced "to confer with Mr. Doctor Hutchinson, and if he do not conform himself to be com- mitted," probably for an indefinite period. At the same time thirteen other persons were sentenced to remain in gaol for recusancy, and twelve of them were "to confer with Mr. Doctor Hutchinson," which the judges evidently thought added a new terror to the sufferings of imprison- ment. Gaol chaplains were not invented at this period. Dr. Hutchinson was a magistrate, and a canon of Exeter. One would like to know whether he did his spiriting after the manner of the gentleman who held the post of chaplain to the prison at Exeter towards the close of the last century. There is a story that one of his flock once asked 76 Quarter Sessions under James I. to be allowed the consolation of a visit from a Roman Catholic priest. The chaplain sent for the culprit, and thus addressed him : " Miserable wretch, do you think Father Whatshisname can save you ? Why, it's as much as I can do myself!" On another occasion we find a person convicted of recusancy ordered to be imprisoned by himself, and not to have access to any others of the recusants, and we shall probably not be doing him an injustice if we suppose him to have been one of the "seminary priests." In 1610 we find that Robert Venner, being committed to prison, con- fessed that he was one. At Michaelmas, 1606, we have a list of persons who had not attended their parish church for two months presented by the constables, who were entitled to a reward of ^oj. for every person they convicted of recusancy, according to the violent Act of 3rd James, cap. 4, passed in vengeance for the Gunpowder Plot. And at the end of the same volume is a list of thirty-four recusants compiled by the Clerk of the Peace. It is noticeable how many of these are women. There are four of the name of Fursdon alone. There can be no doubt that the female sex were more prone to cling to the ancient religion, and many husbands had to pay heavily for their wives' recusancy. A letter to Lord Burleigh from Richard Topclyff, " a dis- coverer and taker up of Popish seminaries," in 1590, declared that the women were worse than the men in har- bouring and relieving priests and traitors, and in readiness to assist foreign invasion. " Of these patronesses of priests it is incredible how great a number there lurketh in and about London." Walter Yonge has a story of a priest being arrested by a pursuivant at the house of a Mr. Flear, near Lyme Regis. Mrs. Flear gave the pursuivant a hun- Quarter Sessions under yames I. ']'] dred " angeletts " to let him escape. The officer took the money, but carried off the priest as well. In the calendars after this time there are many instances of persons imprisoned for ■prcemunire. This, of course, gene- rally meant refusing the oath of allegiance prescribed by the statute I have already quoted, and prohibited by an order of the Pope. It became the test of loyalty as well as of religion, and seems to have been tendered with much impartiality to any who had given cause for suspicion by absence from church or otherwise. We find many cer- tificates of magistrates and members of " county families " having taken the oath either in open court or before two justices. At Michaelmas, 1610, there is a list of such, with their signatures, and soon after a certificate that Sir- William and Lady Courtenay had taken the oath, and another respecting Sir Ferdinando Gorges. A warrant was issued for Sir William Kirkham, John Gififord of Hals- berry, Amias Chichester, and John Coffyn, and all such others as the Clerk of the Peace could call to mind " that do not usually use the Church and receive the Sacrament according to his Majesty's laws," requiring them to appear at the Castle of Exeter at the next sessions, and take the oath of allegiance. At Epiphany similar orders are given respecting Lady Kirkham, wife of Sir William, Mrs. Carew of Haccombe, and " Mrs. Joan Cruse of Cruse Morchard " (Cruwys of Cruwys Morchard), a family which is said to have held their land from Saxon, if not from British, times. The proceedings seem to have been deferred from time to time, for in 1613 we find " Mrs. Joan Cruse " actually committed to prison, not having taken the oath when ordered by the Lord Chief Baron. Sir W. and Lady Kirkham were indicted in 16 12 for recusancy, and Sir 78 Quarter Sessions under "jfames I. William and Giles Kirkham (probably his brother) then took the necessary oath, but were bound over for contempt of court. On another occasion they were bound again, perhaps on Lady Kirkham's account. She does not seem ever to have taken the oath, and was evidently very much the reverse of a Protestant. I had the curiosity to discover who this lady was. She belonged to an old Roman Catholic family in Hampshire, who have had fame thrust upon them in our time. Her maiden name was Tichborne. It seems not improbable that her father was that Chidiock Titchbourne who was executed for his participation in Babington'5 conspiracy. He left an only child, a daughter. Among the State Papers of the reign of James are several relating to these Devonshire recusants. There are grants made to individuals of " the benefits of the recusancy" of Amias and Gertrude Chichester of Arlington, of John Coffin, and of " John Jefford of Halsbury." In October, 1614, the Earl of Bath writes to the Council that, on arrival of orders for disarming recusants. Sir William Courtenay, a deputy-lieutenant and colonel of a regiment, tendered his resignation, confessing that his lady was a recusant, and that he never received the Communion, though he had taken the oath of allegiance. In December, 1609, the sheriff and justices received a letter from the Council admonishing them as to the dis- charge of their duties. Though containing some expres- sions of regard and confidence, it can hardly be considered as anything less than what is vulgarly called a " wigging," interspersed with moral reflections, after the usual style of the period. The lords begin by reminding the justices how large a portion of power and government is left to their care, not only in the execution of the laws established, but Quarter Sessions under y antes I. 79 also "concerning the observance of other extraordinary directions derived from the prerogative power of his Majesty by proclamation, letters, and commissions, or from us of his Council by orders and letters in his name." They think it necessary to inform their correspondents, that " our long experience in deliberation and despatch of the greatest and most important causes that concern the State and Com- monwealth, hath made us better able to discern and judge in many things what course may be most likely to give expedition in such things as do depend upon the diligence and discretion of subordinate ministers, than those that live more remote from the higher seats of government under his Majesty, from whom all authority is derived." Having thus reminded the justices of their relative places, they pro- ceed to intimate that in divers orders and ordinances there is " a want of good correspondence between direction and execution." Though they are willing to admit that there are many excellent people in the Commission of the Peace, they find that " the rule seldom faileth which common ex- perience hath made so certain, that those duties which con- cern all men are neglected of every man." They complain that matters relating to the public service are often carried so confusedly or executed so remissly as the vulgar sort of people will in time get a custom of disobedience. They complain that many directions are passed over from one to another without that respect which belongs to matters resolved upon by his Majesty. They therefore recommend them to elect three or four or m,ore of their number to execute the directions received from the Government, and to give an account of what has been done in all such matters. They declare that their intention in taking this course " cannot be ill interpreted of any but those that can 8o Quarter Sessions under James I. interpret nothing well," They reflect that people who undertake public services must often meet with hard and dubious constructions of such as are not moved with the same zeal and conscience that other men are. And they speak of those " who make it a conscience to possess public places, and attend only private things." They commend specially to the justices the choice of " fit and serviceable persons " to be constables. And, reverting to their mora- lizing mood, they speak of the care they have that the ship of this Commonwealth, which hath so judicial and royal a master to steer it, may be carefully sailed by those that have the charge under him of all sorts. They then admonish the sheriff with some severity for not returning " honest and sufficient juries," and for the partiality and corruption shown in the execution of his Majesty's process. The only excuse they can imagine for the sheriffs is the ill choice of the under-sheriffs, whereof there are so many that are "bred in nothing but in craft, extortion, and corruption." They speak of great negligence on the part of the sheriff in not distributing his Majesty's proclamations and ordi- nances, " which pass not lightly from the King or State, but upon mature and advised deliberation." It seems clear that the chief object of this letter was to increase the power of the King, and enhance the authority of proclamations issued by virtue of his prerogative. The Justices replied by appointing six of their number " for the execution and despatch of such directions as shall be received concerning his Majesty's service." It may be that this was the commencement of the practice of electing regular Chairmen of Quarter Sessions. I do not find at this time any liiention of a chairman, but soon afterwards there was an order made that the Justices at every Sessions Quarter Sessions under yames I. 8 1 should appoint one of their number to give the charge at the next sessions. At the Lent Assizes of 1612 it was expressly ordered by the Judges that the justices in each division should meet at least once between every sessions, and once before every assizes, not only for ordinary business, "but most principally to take course that the statute made in the first year of Queen Elizabeth, for forfeiting is. for not repairing every Sunday or holyday to some church or chapel to hear Divine service, be duly and with great care put in execution." In 161 3 still stricter orders were made. The Clerk of Assize and the Clerk of the Peace were to compare their records with the presentment of the Ordinary, and to draw up " a perfect note " of the surnames. Christian names, dwellings, and conditions of every party who had been convicted of recusancy. They were to inquire and inform the Court whether the wives and children of such recusants, their guests, servants, and tenants, duly resorted to church. Also whether any recusants had conformed themselves, and when, and how ; and if so, whether they received the Sacra- ment. Also whether recusants were confined to a limit of five miles from their houses, and so certified by the minister, and registered by the Clerk of the Peace. Also whether any had refused to abjure, "or abjured and not gone, or gone and returned." Also whether the constables and churchwardens had omitted to present any recusants. Also " whether any be carrier from recusant to recusant, or be holden dangerous in corrupting others." Also whether persons refusing the oath of allegiance had been committed. And lastly, " what Jesuits or priests doe harbour, lurke, or runne to and fro in the country, and who receive them." In accordance- with these instructions an order was made G 82 Quarter Sessions under y antes I. that the Clerk of the Peace was to inform the justices of the name of every recusant in their neighbourhood. And the justices were thereupon to call before them the "parson, vicar, or curate," and examine him as to whether the recusants ever came to church, or received the Sacrament, and, in case of default, to bind such recusants over to appear at the assizes. A similar series of minute questions, to be answered to the satisfaction of the Judges of Assize, was issued respect- ing the laws and orders for the poor, for alehouses, and for rogues. But enough evidence has been adduced to prove the prying and inquisitorial character of the system which it was intended to establish. On some occasions the justices remonstrated. In 1622 they resolved to acquaint the judges with the grievance felt by reason of the constables' presentments being made to the assizes, and to desire that the presentments might be transferred to them (the justices) as formerly. We find repeated orders made by the judges in Iqcal matters, signed generally by Sir H. Montague, who succeeded Sir E. Coke as Chief Justice, and by Sir Lawrence Tanfield, Chief Baron of the Exchequer. The name of the latter, a great man in his day, was merged in that of Cary. His daughter and heiress married Lord Falkland, and became the mother of the Falkland of the Civil War. His name is now kept alive only by Tanfield Court in the Temple. In the letter of the Council quoted in a previous page there is mention made of the corruption and extortion of the under sheriffs. These practices were certainly not limited to personages of their rank. It is beyond a doubt that the offence which reflects eternal disgrace on the greatest man who ever held the post of Lord Chancellor Quarter Sessions under James I. 83 was very common in the reign of James I. These volumes contain plenty of evidence of the extent to which corruption had permeated through all ranks and degrees of ofificials. We find charges of extortion preferred, and proved, against constables, rate collectors, bailiffs, " clerks of the market " and other similar persons. We are reminded of Bardolph taking money from Mouldy and Bullcalf, to free them from the obligation of serving the King under Sir John Falstaff. That valiant knight, to use his own words, " misused the King's press damnably." He had got three hundred and odd pounds in exchange of a hundred and fifty soldiers. The clerks and deputy treasurers cheated the "mainied souldiers " of the whole or part of their pensions, " dis- honouring the country, and injuring a great number of poor men, whose wants were meet to be relieved." In October, 1604, the justices sent a letter to the Chief Justice respect- ing an " apparatorj" who had been found guilty of four cases of extortion, and complained of for many others. " Of this kinde of offenders manie complaints are made, but of none so much as of this Collacott, and we doe finde yt verie meete to make some example therein, which we humbly recommend to your lordship's favour and good helpe." It may be that these offences had been restrained in the previous reign by the strong hands of Elizabeth and Cecil. It may be that the growing spirit of liberty made men bolder in unmasking the misdeeds of official personages. The history of more than one nation makes it certain that the existence, or the exposure, of such scandals, is the surest symptom of coming revolution. Many curious offences and sentences may be picked out of these volunjes. Sometimes we find persons sentenced "premi ad mortem," the old penalty for refusing to plead. G 2 84 Quarter Sessions under Raines I. Four men were committed to prison for a year for baptizing a mare. In another place we have a similar offence described at length. Michael Jeffrye was bound over, one. surety in 200/., and one in 100/., for naming a "dogge"John and sprinkling of water upon him, and signing him with the sign of the cross, saying that it was in the name of the Father, Son, and- Holy Ghost. A "parson" was charged with being privy to making a child drunk in the church. Another was accused of exchanging a good bande (bond .') and deliver- ing a counterfeit bande. Some of the clergy were brought into collision with the magistrates by claiming the old privileges and exemptions of the pre- Reformation era. One Nicholas Gill seems to have been a reverend gentleman of almost profane audacity. He was committed to gaol " for that he, being taxed according to the law for the relief of the poor of the parish of Brent, where he is parson, refuseth to pay, and being distrained for the same, he arrested such as took the distress, and used divers very great and con- temptuous speeches of this whole bench, tearmynge yt an ale-benche, refusinge to com to the benche beinge sent for, with divers contumelious words of contempt and reproach, besides maney other mysdemeanors." Roger Richards, parson of Cotley, seems to have been a similar character. He was proved to be guilty of " lewd, turbulent, and unquiet courses," but sentence was deferred upon the motion of the " right reverend father Lord Bishopp." We only find one instance of that admirable punishment cucking, afterwards corrupted into "ducking." From the elaborate way in which the sentence is set forth, and the locus pcenitentice that is left for the offender, it would seem to have been rare at this time, although it is said to have survived even into the present century. Archbishop Trench Quarter Sessions under yames I. 85 in one of his books laments the disuse of the old female termination ster, of which " spinster " is the only remaining example. He does not mention scolster, which has been superseded by the word scold being exclusively appropriated to females. Our ancestors were wise enough, or gallant enough, to admit that a scold, like an old woman, might sometimes be of the male sex. By the entry in the Sessions Book, it appears that Agnes Fringe was indicted for a Skolster. The hearing of the case was referred to three justices, who reported that, having heard her, her accusers, and sundry witnesses concerning the unruliness of her tongue, they had directed the constable to cucke her, except she should demean herself more modestly among her neighbours than heretofore. The Court " well approved "• of the order, and resolved that if the said Agnes Fringe was ever again found to offend in a similar manner, she should be punished by being set upon the " cucking-stool." The ceremony in question is described with great gusto by Hudibras : — There is a lesser profanation, Like that the Romans called ovation ; For, as ovation was allow'd For conquest purchased without blood, So men decree these lesser shows For victory gotten without blows. By dint of sharp hard words, which some Give battle with, and overcome ; These, mounted in a chair curule. Which moderns call a cucking-stool, March proudly to the river's side. And o'er the waves in triumph ride. Like dukes of Venice, who are said The Adriatic sea to wed, And have a gentler wife than those For whom the state decrees these shows. 86 QuaHer Sessions under yames I. We notice a somewhat involved sentence passed at the assizes in 1603. Two men were to remain in gaol for a year " unless they pay 10/. to their wives whom they have murdered." A relic of the system of penance appears in the frequent orders that offenders are to come into the church and confess their faults publicly at the time of morn- ing prayer, and ask pardon of those whom they have offended, and then are to be set in the stocks until the end of evening prayer. The penalty for drunkenness was fixed even then at the familiar sum of i,s., at which it remained until our own time, but to be "a common haunter of ale- houses " appears to have been an indictable offence. Some persons were fined 3^. i^d. for being more than one hour in an ale-house. Monthly, and sometimes weekly, searches were made for rogues and vagabonds, and incorrigible rogues were " dealt with by marking them in the left shoulder with a Romaine R." " Marshals " were appointed for the special purpose of apprehending such characters, and paid at the rate of 4^. for every rogue that they caught. Any amateur rogue- taker was paid 3 Carlyle's " Cromwell," ii. 315. M 1 62 Quarter Sessions tender tJie Commonwealth, bring all offenders before the justices, " to bee dealt withall according to their demeritts." The game laws were by no means repealed by the Parlia- ment. An order to all constables was issued by the " Keepers of the Liberty of England," reciting the penalty of 20J. imposed " by law for spoyling and distroying of every feasant, partridge, hare, mallard, pigeon, and suchlike games, with any guns, netts, crosbowes, or other instruments or engyns, and alsoe for spoyling and distroying of every q^^ of phesant and partridge, and likewise for killing and distroying of hares with harepipes, cords, or other engyns." And likewise the sum of 40J-. was imposed on any person keeping greyhounds or " setting doggs," except such as had , an estate of inheritance of 10/. per annum, or an estate for life of 30/. yearly, or the value of 200/. in goods or chattels. "Nevertheless," the order goes on to say, "of late yeares the severall games above menconed have beene more ex- cessively spoyled and distroyed then hath beene in former tymes, especially by the vulgar sort of people and men of small worth imploying most parte of their tyme in taking the said games, thereby bringing themselves the rather to poverty." And the constables were enjoined to arrest such offenders without warrant. Democracy, as I remarked before, did not gain much by the Puritan Revolution. The doctrines then called level- ling, in modern language socialist or communistic, never attained any considerable power. It was a hundred and forty years before the volcanic force of Sansculottism, as Mr. Carlyle would say, emerged from the abysses. The working classes were probably worse off under the Common- wealth than at any other time. I have met with an original table of the rates of wages settled by the Justices Quarter Sessions under the Commonwealth. 163 at Exeter, on April 4, 1654. They show only a small advance on those current in the reign of Elizabeth, sixty years before." When we consider the diminution in the pur- chasing power of money which had certainly taken place, it cannot be doubted that such rates must have caused much suffering. The wages of masons, carpenters, and others employed in the building trade were actually the same as those fixed in 1 594. Omitting some superfluous verbiage, the following are the rates of wages voted by the Justices in 1654. 1. No bailiff of husbandry, hind, or miller to take above 4/. a year and livery, or Sj. 4^. instead. 2. No common men servants of husbandry from the age of 16 to, 20 to take above 40J. a year, and above the age of 20 not above 53J. 4^/. 3. No woman servant under 14 to take any wages but meat, drink, and clothes. From 14 to 18 not above i6j. and livery, or 6s. 8d. instead. From 18 to 30 not above 23J. 4d. and livery, or 6s. 8d. 4. Husbandry labourers. — From Allhallowtide until Can- dlemas not above 30^. a day, with meat and drink, and the rest of the year not above 4d. Without meat and drink, not above lod. a day. When mowing corn and grass they might have 6d. a day with meat and drink, or I2d. a day without. 5. Women " labouring at hay," not above 2d. a day with meat and drink, or 6d. without. In corn harvest 4d. or 8d. At other work 2d. or sd. 6. " Master carpenters," masons, plumbers, &c., having servants or apprentices, and able to take charge of the work, not above 6d. a day with meat and drink, or 1 2d. without. 7. " All labourers at husbandry at task as they can agree." ^ See "Quarter Sessions under Queen Elizabeth." M 2 1 64 Quarter Sessions under the Commonwealth. 8. Other masons, carpenters, &c, not above ^d. a day with meat and drink, or i\d. without. Apprentices and boys not above zd., or 6d. 9. A pair of sawyers not above 1 2d., or 2s. 10. Weavers 2\d. or %d. a day. 11. Spinsters not above 6d. by the week with meat and drink, or \6d. without. 12. All weavers and spinsters (if by the Create) as they can agree. In 1657 an order was made that all " masterless persons should take masters within one month." Certain butchers, cordwainers, and others were indicted for " exercising or using an art, mistery, or manuall occupa- tion, not having byn brought upp in the same by the space of seaven whole yeares at the least as an apprentice." The restrictions on building were continued, and one man was fined 58/. for erecting a cottage without a licence. Religious toleration was, of course, at this time considered impossible by all " practical men." Cromwell declared in Ireland that the Mass would never be permitted in any dominions under the power of the Parliament of England. But it does not seem clear at first why the zeal of the Puritans should have been particularly directed to the per- secution of Quakers. Perhaps the "Levellers," or Com- munists, were included under that denomination. An order of September 1656, against rogues and vagabonds, goes on to say : — " And now lately divers other persons styled by the name " of Quakers, disaffected to the present Government, do " wander up and down the country, and scatter seditious " books and papers to the deluding of many weak people, " undermining the , fundamentals of religion, denying the Quarter Sessions under the Commonwealth. 165 " Scriptures to be the word of God, and the godly ministers "of England to be the true ministers of the gospel, so as " many heresies and blasphemies are by them vented and " broached abroad, to the great dishonour of Almighty God " and grief of all pious and religious people, and to the dis- " turbance of the peace of the Commonwealth." It was therefore ordered that all constables should cause good watches and wards to be kept for the apprehending of all beggars, rogues, vagabonds, wandering, idle, and sus- picious persons, " and that they hkewise apprehend all such persons as travel under the notion or name of Quakers without a lawful certificate testifying from whence he came and whither he is travelling, or shall have or do scatter, publish, or own any such seditious books or papers as afore- said, or shall interrupt or disturb any minister in the con- gregation or otherwise." And all such persons, together with such books and papers, were to be brought before some Justice of the Peace to be dealt with according to law. A similar order respecting Quakers was issued in October 1658, at the beginning of the Protectorate of Richard Cromwell. And all Quakers' books found in the gaol were to be burnt, especially those in the custody of Thomas Courtis, a Quaker, and now a prisoner. This was probably the same Thomas Courtis who was convicted of swearing, a curious offence for a Quaker. What he said was merely " God is my witness," which he probably considered some- thing very different from an oath. We get the titles of two Quaker books in an examination apparently of a lady of fortune. Mary Erberie, being arrested with Joane Ingrum, her servant, and John Browne, whose name seems appropriate for a footman, said that she was going to Launceston to visit some prisoners there, and 1 66 Quarter Sessions under the Commonwealth. that " shee owneth those people that are by the world scornefuUy called Quakers." She also admitted having two books, one intituled " To all that would know y' way to the Kingdome, &c.," and the other " Certaine papers w""^ is y* word of the Lord, as was moved from the Lord by His ser- vants to several places and persons, that they male bee left without excuse, and God male bee cleare when Hee judges ind justified in His judgements." I have not met with many of the curious Scriptural names supposed to be characteristic of this period. No Stand-fast-on-High Stringer, or Kill-Sin Pimple, appears in Devonshire. Abigail, Rhdda, Sampson, " Precilla," do not seem very extraordinary. Now and then we notice Elnathan, Archelaus, Mephibosheth, Sarepta, " Belshazer," John Baptista, and so forth. " Pentecost " was a name before the Civil War, and Christopher, Bartholomew, Chris- tian, were always common. Armonell, Petronell, Wilmot (female), Hannibal, Scipio, Sibilla, Melior, are not Biblical. The name " Alpha " was probably given on the principle on which Mr. Bumble named the foundlings in the work- house, and " Elevant Stoodley " was no doubt a nickname. " lago " seems to have been not very uncommon as a sur- name. " Brute " was an unpleasant English form of Brutus. " Welthian " and " Damerne " were Christian names of women. Their derivation is a riddle which I give up. An instance of the Protector's assumption of more than regal power occurs in connexion with the Castle of Exeter. The Assizes and Sessions for the county had been held there for generations, and the Justices had laid out large sums in erecting within it " houses, places, and seats of judicature." But in 1655 they had to appoint Colonel Robert Shapcote ",to attend Generall Disbrowe for the Quarter Sessions under the Commonwealth. 167 obtayning of a grant of the said Castle of Exon, and the said howses and places of Judicature from his highnes the Lord Protector, to and for the use of this county, according to his highnes gratious promise in that behalfe." General Disbrowe, otherwise Desborough, was the major- general commanding the western district. Colonel Shapcote was one of the members for the county. At last there came a time when the Justices of Devon thought themselves called upon again to come to the front in public affairs. The great Protector had been laid among his royal predecessors in the chapel of Henry the Seventh. His son had succeeded him as quietly as a Prince of Wales generally succeeds his father, but within few days he had passed away, neither in anger, nor in battle. The times were out of joint. It seemed almost certain that the country would become a prey to anarchy and confusion, and the eyes of all men were turned to him upon whom the weight and fate of England appeared to hang — the Devonshire gentleman who held the command of the Army of the North. Many years had passed since old Sir Thomas Monk (or Mouncke, as the Clerk of the Peace delighted to write his name), of Potheridge, in North Devon, having kept his house too open to his friends, found himself compelled to keep it shut against his creditors. Being summoned to attend the King on his visit to Devonshire in 1625, he applied to the under-sheriff for immunity from arrest on that occasion. That functionary was, perhaps, one of those described by the Privy Council of James as "bred in nothing but in craft, extortion, and corruption." At any rate the request was granted, and the knight proceeded to Exeter, where he was taken by the bailiffs, and lodged in 1 68 Quarter Sessions under the Commonwealth. the debtors' ward. He had left at home his younger son George, a lad of seventeen, waiting for his commission in the army. This energetic young gentleman, hearing of the breach of faith of which his father had been the victim, rode straight to Exeter, caught the under-sheriff in the Castle, and caned him publicly in a way which would probably have been described in one of his own indictments as "verberavit, vulneravit, et maletractavit, ita quod de vit^ maxime desperabat." How he got away from the javelin- men, hue and cry, posse comitatus, or whatever force the man of law could dispose of, does not appear. Had he been caught he would no doubt have had to stand in the pillory with a paper in his hat signifying " This is the fellow that beat the under-sheriff." It may be feared that his conduct was avenged on his father, for poor Sir Thomas appears to have died in the sheriff's prison two years afterwards. Certain it is that George Monk quitted Devonshire, joined the army at the Isle of Rh6, and soon learned to conduct himself with equal valour and greater discretion. From that time he saw whatever service was to be seen, in the Low Countries, in Northumberland against the Scots, in Ireland against the rebels. The commencement of the Civil War found him in command of a regiment, but he had the luck to be taken prisoner by Fairfax, and kept in cap» tivity until the end of the war in England. Towards the end of 1646 he took the Covenant, joined the army of the Parliament, and served with the highest distinction in Ireland and Scotland. He was not so gifted as some of the " warlike saints " in expounding Scripture or spouting politics, but probably he was not less valued by his chief. The great general and statesman of 1650 was himself very far removed from the fanatical Captain Cromwell of 1642, and could appreciate a trusty officer who knew perfectly Quarter Sessions under the Commonwealth. 169 how to do his duty, and also how to hold his tongue. In the words of Mr. Carlyle, Monk is " a taciturn man ; speaks little ; thinks more or less ; does whatever is doable here and elsewhere." After the pacification of Scotland, Monk obtained the command of a fleet, with which he succeeded in beating the great Admiral Van Tromp. And now, in 1659, having held for five years the chief command in Scotland, he was marching south with a well-disciplined army of 8000 veterans, to bear his part in the settlement of the Common- wealth. The gentlemen of Devon, seeing that one of themselves had risen so high, thought it a good opportunity to impress their opinions on the authorities. They forwarded the following address "to the Right Honourable William Lenthall, Esq., Speaker of the Parliament," by the hands of Mr. Bampfield, who had been member for Exeter, and Speaker of Richard Cromwell's 'House of Commons : — " We, the gentry of the county of Devon, finding our- " selves without a regular Government (after your last " interruption), designed a public meeting to consult reme- " dies, and which we could not so conveniently effect till " this week of our general Quarter Sessions at Exon, where " we found divers of the inhabitants groaning under high " oppressions, and a general defect of trade, to the utter " ruin of many, and fear of the like to others, which is as " visible to the whole County, that occasioned such disorders " as were no small trouble and disturbance to us, which, by " God's blessing upon our endeavours, were soon suppressed " and quieted without blood ; and though we find, since our " first purposes, an alteration in the state of affairs, by your " re-establishment at the helm of Government, yet conceive '.' that we are but in part redressed of our grievances, and 1 70 Quarter Sessions under the Commonwealth. " that the chief expedient will be the recalling all those " members who were secluded in 1648, and sat before the " first force upon the Parliament, and also by filling up "vacant places, and all to be admitted without any oath, or " engagement previous to their entrance, for which things, if " you please to take a speedy course, we shall defend you " against all opposers and future interruption, with our lives " and fortunes, for the accomplishment whereof we shall " use all lawful means, which we humbly conceive may best " conduce to the peace and safety of the nation." This address was agreed on at the Epiphany Sessions of 1659-60. It was signed by more than forty of the principal gentlemen of the county, among whom were five of the' secluded members of the Long Parliament, viz., Sir Francis Drake, Sir John Northcote, William' Morrice, Ellis' Grimes, and — Vowel. A similar letter, or a copy of this one, was sent to General Monk. It reached him while he was on his way from Scotland. Whether he had at this time determined to play the part of a king-maker, or whether he was more inclined to the part that Cromwell played before him, or to the part that Washington played long afterwards, no man can tell. He was now a very different character from the impulsive boy who caned the under-sheriff. He was impenetrable as William the Silent of Orange, or President Grant of America. Probably he had no fixed determination at all, and was calmly watching the course of public opinion. What is most certain is that he had no intention of having his hand forced by the Justices of Devon, though he paid them the compliment of answering their address. He wr^te to them from Leicester, on January 21, 1660, the curious letter which may be read in Harris's Charles 11. , in Quarter Sessions under the Commonwealth. 171 which he argued against their proposals, and pointed out the danger that the secluded members might attempt to restore the Monarchy. He reminded them that many vested interests had sprung up since the war ; that, in ecclesiastical matters, the Presbyterians, Independents, Anabaptists, and other sectaries, had acquired rights which they could not be expected to relinquish ; that, in civil •affairs, the estates of the King, Queen, bishops, and deans and chapters had been sold, resold, settled on marriages, &c. He showed that a King would be bound to overturn these arrangements, both civil and spiritual, and that therefore the attempt to restore Monarchy would certainly produce a fresh war, in which all these interests, and, above all, the army, would be decidedly in favour of the Republic. It was, therefore, his opinion that such a government " in the way of a commonwealth " should be established as might be comprehensive of all interests both spiritual and civil, " to the glory of God, and the weal and peace of the whole." Yet it seems by no means impossible that this demon- stration made by his native county may have had some effect in influencing the resolution of the general, especially if, as we are assured, it was the original precedent which was shortly followed by most of the counties and boroughs. Monk was elected to the Convention Parliament as Knight of the: Shire for Devon, his colleague being Sir John Northcote, a lineal ancestor of the present Chancellor of the Exchequer. The events that resuUed belong to general history. All that concerns our story is that the younger son of an embarrassed squire, who fled from his home in sore danger of a prosecution, returned to it at last as Duke of Albemarle and Lord- Lieutenant of his native county. 172 QUARTER SESSIONS UNDER CHARLES 11. , PART I. The records of Quarter Sessions are in one respect not unlike the records of geology. In that science we find cer- tain fossils,, like the nautilus, existing with little modification in a number of different formations. We find other fossils, like the ammonite, specially characteristic of certain form- ations, and very rare, or entirely absent, in others. So, in the county records, we find entries on certain subjects which are common ta all, or at least to many, reigns. We find other entries which are so limited, or so nearly limited, to particular periods, that they may be considered characteristic of the reigns in which they occur, and may be as confidently referred to that time as the fossils of the geologist may be referred to his so-called epochs. Orders relating to bridges and settlements, and appeals in cases of affiliation, are common in every reign, from that of Qiieen Elizabeth to that of Queen Victoria. Entries respecting " purveyance " and " privy seals " distinguish the reign of the Virgin Queen. Prosecutions of " Popish recusants " are most frequent under James I. The Civil War over- shadows everything else in the reign of his son. Indict- ments for profaneness and immorality are characteristic Quarter Sessions under Charles I I. 173 of the Commonwealth. The entries which especially dis- tinguish the reign of Charles II. are, as might be expected, of a very different character. They relate to the persecution of Protestant Nonconformists, and to the imposition of the hearth tax. The Acts, however, which we shall find illustrated by these proceedings did not come into operation during the first two or three years after the Restoration. The first business was to undo as much as possible of what had been done by the preceding Government. While the authorities in London were occupied with hanging the surviving regicides, and digging up and insulting the bodies of the dead ones, and turning the officials of the late Government out of the public offices, the justices in Devon proceeded to take away the pensions of the unfortunate "maimed soldiers " of the Parliament, and to bestow them upon those who had received their wounds in defence of the " Royal Martyr," to whose memory the new church at Plymouth was at this time dedicated. In October 1660 the Court passed a resolution that no pensions should be paid without fresh certificates. A comr mittee was appointed to take an account of the maimed soldiers, and, as it was neatly expressed on a subsequent occasion, " to examine their indigency, impotency, and loyalty." At Epiphany the committee brought up a list of eighty- seven persons, who were to receive pensions amounting altogether to 241/. 3 J. 4^. At Easter fifty-six more were added. It is expressly mentioned that a maimed soldier of the time of Queen Elizabeth was to have his pension as before, as if there were anything wonderful in a pensioner living to receive his stipend for a period of sixty years. 1 74 Quarter Sessions under Charles II. The triumphant Cavaliers, in the midst of their gratitude to their old soldiers, preserved a more frugal mind than might have been expected. The pensions very seldom amounted to as much as 4/. los. per annum, and sometimes did not exceed 1/. loj. The average was scarcely 3/. All maimed soldiers were ordered to appear at the next Sessions, and to be examined by two " chirurgeons." The latter word is in one place spelt " cureurgent," which would not be a bad title for the medical profession to adopt. Besides the surgeons' certificates it was necessary to pro- duce " certificates under their field officers' hands," or other sufficient proof to satisfy the Court " that they were maymed in his Ma''' service, and that they were never in armes against him," and also certificates from two justices as to their character and poverty. Notwithstanding all these precautions, the number of claimants was so great that it was found necessary to in- crease the rates. The rate for this purpose in the time of Charles I. had been 188/. 9^. 4d. It had been doubled in the time of the Long Parliament, and was now trebled, so that it amounted to 565/. 8j. Reference is made to a recent Act " for the releiffe of poore and maymed officers and soldiers who have faithfully served his Ma''° and his Royall father in the late wars." Even this rate was not found sufficient in 1664, but after that the expenditure seems to have declined. A sum of 4/. was granted to Honor Deyman because her husband, " at the tyme of the risinge of Colonell Penrud- dick," was sent to gaol for twelve months, " and afterwards sent beyond the seas, where he died." This is a reminis- cence of the abortive Royalist insurrection at Salisbury, and of Cromwell's transportations to Barbadoes. These Quarter Sessions under Charles II. 175 last were so frequent as to produce a new verb — to barha- does a man. Colonel Penruddock was beheaded at Exeter, May 16, 1655. ■ Jane Knott, widow of a "levetenant" slain in the late King's service, was presented with 5/. Grace Battishill, whose husband was a soldier, and "was hanged for his loialty," received 61. 1 3^. 4^. Elizabeth Radford, widow of an en- sign was to have 20s. " in full of all pensions." A major had a pension of 4/., and 4/. gratuity. , Captain Cockayne, "formerly muster master of the county," was allowed 8/. 14s. 4d. for arrears from November 30, 1642, to the surrender of Exeter in April 1646. In 1664 it was mercifully provided that the maimed soldiers should no longer be obliged to come to Exeter to receive their pensions, but might be paid by the constables. But mistakes would happen, and the Court was shocked to learn that four men had got pensions who had been wounded in serving against the king. But, as both parties were in the habit of pressing soldiers, it might have been argued that serving against the King was not a conclusive proof of disloyalty. In one case a maimed soldier was deprived of his pension " because he went zwluntarily into the Parliament service." The pensions seem in all cases to have been granted with reluctance, and reduced rather than increased. Fre- quent orders were made for lists of maimed soldiers, and for their inspection. Although the number of applicants^ was increased by the Dutch war, we find the rates reduced by one-third part in 1674. The number of pensioners was at that time 203, and only 376/. was raised for them. The bur- den seems to have been gradually shifted on to the parishes. A pension of as little as 20s. was sometimes voted, and the 176 Quarter Sessions under Charles II. unfortunate recipient commended to the overseers of his parish. A lieutenant got only 30i-. In 1683 the justices went so far as to resolve that no maimed soldiers should have pensions until they had been relieved by their re- spective parishes. From this time we hear very little more of this subject, which had been at one time almost the chief business of Sessions. The feelings which had produced the restoration of mon- archy prompted men to take a pleasure in recurring to the smallest details of the ancient order. The leaders of the Commonwealth had introduced the use of the vernacular language into the "tortuous ungodly jungle of English .law." The officials of Charles II. restored the custom of employing what they were pleased to call Latin. In July 1660 Sessions were said to be' " in the yeare of the raigne of our Soveraigne Lord Kinge Charles II. over England, &c., the twelveth." But at Michaelmas the old Latin heading reappears. , Quarter Sessions were again " sessio quarterialis," and " tenutus apud Castrum Exonias in et pro Comitatu pre- dicto," &c. Again the unhappy vagrant was informed that he was " convict, essendi rogus incorrigibilis." Again orders were made about " fiat warrantum ad comprendum," and offenders were again " tradit. pro bene gerendo usque ad prox. Assisas." Again they were indicted in this style : " Quod vi et armis unum saccum valoris quatuor denar. et septem mensuras Avenarum {Anglid, pecks of oates) valor quatuor solidorum, &c. &c., ad tunc et ibidem felonic^ furat. fuit cepit et asportayit,' &c. &c. W]jen a farmer set his dog at a neighbour's cow, we find the fact translated into an indictment " quod Thomas Mingo agricola apud Stokenham quendam Canem Moles- Quarter Sessions under Charles IL 177 sum Anglice A Mastive Dogg ad mordendum quandam vaccam pretii quatuor librarum de bonis et cattallis cujus- dam Elianor Deary ad tunc et ibidem vi et armis illicite et 'malitiose excitavit persuasit et procuravit contra pacem dicti domini Regis nunc Coronam et dignitatem suas." Even when a dog bit a pig without having been " ex- cited, persuaded, and procured" to do so,. his owner was indicted in this fashion : Thomas Stove " quendam Canem Molossum [Anglici, one biting Mastive Dogg) color Dunne (faucibus suis non ligatis) scienter malitiose et illicite habuit et custodivit et ad largum irepermisit. Qui quidem Canis Molossus quendam porcum pretii duodecim soli- dorum, &c.— ad tunc et ibidem, violenter et graviter incur- savit et momordit, ac etiam in tanto lesit ita quod porcus prsed. et alia averia prsed. multipliciter deteriorat. devene- runt," &c. &c. It is time to turn to more important matters. When Mr. Pepys recorded in his diary the fact of his having been sworn a justice, he went on to say, "With which honour I • did find myself mightily pleased, though I am wholly ignorant in the duties of a justice of peace." His cousin Thomas Pepys, being troubled with a conscience, confided to him that he was unwilling to be a justice, because he did not feel free to exercise punishment according to the Act against Quakers and other people for religion. " Nor do he understand Latin, and so is not capable of the place as formerly, now all warrants do run in Latin." The two qualifications, then, esteemed necessary for a justice under Charles IL were intolerance and Latin. Of the latter we have seen a few specimens. Of the former it will not bfe diflicult to give a sample. The Conventicle Acts made it a crime for any five per- N 1 78 Quarter Sessions under Charles II. sons, not of the same household, to join in an act of re- ligious worship differing from the forms of the Church of England. At first this crime seems to have been punishable only by imprisonment, and, for the third offence, by trans- portation. A subsequent Act enabled, or rather enjoined, every justice to inflict penalties, which were divided into three parts — one-third to be paid to the King through the Court of Quarter Sessions, one-third to the poor of the parish in which the, offence was committed, and one-third to the informer, or such persons as had been diligent and industrious in "the discovery, dispersing, and punishing of the said conventicles." Any person preaching in a con- venticle incurred a penalty of 20/. for the first offence, and 40/. for the second. And if the preacher could not be caught, or was unable to pay, the sum due from him might be levied on any persons who were present. A single justice was authorized to convict. The only appeal allowed was to the Court of Quarter Sessions, and any offender appeal- ing, and failing in his appeal, was to be condemned in treble costs. Justices were directed to break open any house where a conventicle was supposed to be held, and might call upon a military force to help them. The Act was to be " construed most largely and beneficially for the suppressing of conventicles, and for the justification and encouragement of all persons to be employed in the execu- tion thereof" And any person neglecting to perform his duty in enforcing the Act was liable to a penalty amounting in the case of a constable or churchwarden to 5/., and in the case of a justice of the peace to 100/. The latter penalty does not seem to have been much needed. The justices were now almost all Cavaliers and Churchmen, many of whom had suffered for their political Quarter Sessions under Charles II. 1 79 and religious opinions, and were only too eager to inflict similar sufferings on their vanquished foes. The Puritans had had their day, and had used their power with little reluctance or remorse. The Churchmen now had their innings, and were ready to play the same game with at ieast equal spirit. As early as March 1661 the grand jury of Devon made a presentment desiring that the laws might be put in force against Popish recusants, " who, with the sectaries. Tub Preachers, Quakers, &c., are the most pernicious enemies and subtil underminers of the established religion." The offences for which persons were imprisoned or trans- ported are seldom mentioned. We are therefore unable to judge from these records how many were punished for re- ligion in that manner. But, under the Act imposing fines, one-third of every penalty was to be paid in at Quarter Sessions, and we thus have some record of the amounts collected by the active justices of the period. In 1665 we only find that " Roger Muckle, for being at a conventicle, was fyned x', w* he refusing to pay, is com. for one moneth." But soon afterwards the Act comes into full play. We have a " conviction of conventiclers " given at full length, probably as a precedent. It relates to William Frade, tanner, Thomas Mapowder, gentleman, Samuel Sheeres, ironmonger, Westcote Doble, mercer, James Liverton, tanner, and William Harrison, tanner, all of the parish of Holsworthy, who were indicted for that they, on a certain Sunday, " apud domum Manconalem cujusdam Thomae Mapowder assemblaverunt et illicite congrega- verunt et quilibet eorum assemblavit et illicite congregavit sub colore exercenda; religionis in alio modo quam alloca- tum est per liturgiam aut usum Ecclesiae Anglicanae contra N 2 1 80 Quarter Sessions tmder Charles II. pacem domini Regis nunc et contra formam statuti," &c. &c. They were convicted and committed to gaol — Frade for one month, Mapowder and the others for ten weeks — unless they paid certain fines, varying from $/. to i/. At the same Sessions we notice a list of unusually heavy fines. Daniel Northern was fined 100/., Anthony King and Elizabeth May 500/. each, Peter Oxenham, John Huish, and Christopher Pearse, lOO marks each. But the reason for imposing these penalties is not stated. On another occasion twenty-three persons belonging to the city of Exeter were summoned for being at a conven- ticle in the house of Mr. Barton at Netherexe, in the county of Devon. Five persons living in the county were also summoned at the same time. At Midsummer, 1670, several magistrates brought into Court sums of money, being one-third part of the fines they had levied since the last Sessions upon persons present at assemblies, conventicles, or meetings. At Michaelmas in the same year there is a long list of these cases, which may be taken as a specimen o( many entries in subsequent Sessions. George Reynell, Esq., paid in 9/., being one-third of a sum of 27/. levied upon divers persons for being at a sedi- tious conventicle in Kingsbridge. Francis Fulford, Esq., paid in 13/. i8j. 4^., being one- third part of 41/. 15J. levied for a similar reason at Moreton Hampstead. William Bastard, Esq., brought 13J. 40?. from the parish of Sherford. John Tuckfield, Esq., brought 15/. \6s. 8d. from persons meeting in the house of Catharine Northcote in Crediton. Francis Drewe, Esq., brought 8/. i6s. from a conyenticle held in the parish church of Sheldon. Quarter Sessions under Chai'les II. i8i The Mayor of Dartmouth brought i \s. 8d. Francis Drewe and William Walrond, Esqs., brought 5/. ly. 4d. from the parish of Halberton. John Beare, Esq., brought 8/. lis. 8d. from the parish of Malborough. Sir Thomas Hele, Bart., brought ioj. from Modbury. The ayor of Bideford brought 7/. He had also im- posed a fine of 20/. upon Sarah Dennis, but this conviction was reversed upon appeal — a very rare occurrence. At Culmstock 5/. apiece was levied on several persons for a preacher unknown, and at Silverton 61. 15J. ^. apiece for a similar reason ; but these convictions were quashed because the preacher was not convicted. Robert Collings, of Ottery, was fined 20/. for preaching in his own house, and 20/. more for permitting a conven- ticle to be holden there. He appealed to the Sessions, failed to get his sentence reversed, and was ordered to pay treble costs — amounting to 20/. more. As all magistrates at this time were sworn champions of Church and King, an appeal to the Sessions was not a very hopeful undertaking ; and as the treble costs were always inflicted, appeals soon ceased to be attempted. A constable was fined 5/. for negligence in detecting a conventicle. We do. not find that it was ever necessary to impose a penalty on any justice for his remissness in this business, but it is evident that some were far more active than others. One brought in as much as 28/. at a single Sessions. These proceedings go far to explain certain epitaphs of the period, wherein we find it recorded, among the other virtues of the deceased Irenarcha, that he was " Ecclesise Anglicanse vindex acerrimus." In 1 66 1 Sampson Larke, refusing to take the oath of allegiance, was " put out of the King's protection, and his 1 82 Quarter Sessions under Charles II. lands, goods, and cattle forfeit to the King, and is im- prisoned and ransomed at the King's will." His name, being rather an uncommon one, attracted my attention, and I obsetve that he is entered in every calendar for ten- years, as remaining in prison " for pnemunire." Several others remained nearly as long. Sampson Larke was a Nonconformist preacher. He was liberated in 1672, and afterwards lived at Lyme. He joined Monmouth, and was hanged by order of Jeffreys. His execution is de- scribed at length in the " Bloody Assizes." Two counsellors were to have 20s. each " for their paines as counsel for his Ma"° against the Dissenters on several traverses." The county of Devon, like the rest of the country, was kept in a state of terror and excitement by rumours of plots and counterplots. Papists and Exclusionists,Oateses and Danger- fields. The feelings of the public are reflected in the proceedings of our Court. At Epiphany, 168 1, the justices thought it right, " as good Christians and faithful subjects," to issue the following public order : — " Forasmuch as religion is the foundation of civil govern- " ment, and whilst faction and schism is allowed and per- " mitted in the Church we can never expect peace and quiet " in the State ; and observing at this time (as we have here- " tofore by sad experience found) that those that dissent " from us in our established religion, of what persuasion " soever, though at seeming variance and difference among " themselves, yet agree in their wicked attempts upon the " Government and their traitorous plots and designs against " the King's sacred Person — We therefore think ourselves " obliged, in discharge of the trust reposed in us (as good Quarter Sessions under Charles II. 183 " Christians and faithful subjects), to put the laws effectually " in execution against all Dissenters, whether Papists or " Sectaries, and do unanimously resolve, agree, and order " that the laws following through every division of this " County shall be put in due execution. "Imprimis. We think the King's sacred Person (whom " God long preserve) and the Government cannot be safe " and secure unless all persons who are of due age be re- " quired to take, the oath of allegiance. We therefore order " and appoint that the oath of allegiance be duly tendered " to all persons through every subdivision of this County, " according to the statutes made in the third and seventh " years of King James, and that all refusers be prosecuted " as the said laws appoint. " Secondly. We order and appoint that the laws made in " the first of Queen Elizabeth and the third of King James, " requiring all persons of the age of sixteen years and up- " wards to resort to their parish church, and there to abide " soberly and orderly during the whole time of Divine service, " under the penalty of twelvepence for each neglect, &c., be " duly put in execution. And the Justices are desired to " meet in their several subdivisions of this County once every "month to take the presentments of all head constables, " petty constables, tithing men, churchwardens, and others, " all which said several officers of the respective parishes " they are to require to attend them and make true present- " ments of all absenters from church as aforesaid. And the " Ministers, Parsons, and Curates of the respective parishes " are desired to be aiding and assisting to the said parochial "officers, and to inform the Justices if they shall observe any " of them to be negligent or remiss in their duties. "Thirdly. And those whom this gentler discipline will not 184 Quarter Sessions under Charles II. "correct and reform, we do order and agree shall be-prose- " cuted, according to the directions of the statutes made in " the third year of King James, as recusants. And the said " presentments, for as many months as they shall absent " from church, shall in due form be returned into this Court, " so as there may be such proceedings thereon as the law " appoints. And those whom we find yet more incorrigible ■' and dangerous we resolve to prosecute and punish accord- " ing to the directions of a statute- made in the thirty-fifth " year of Queen Elizabeth, entitled an Act against Seditious " Sectaries, &c. " Fourthly. Forasmuch as the great danger that at this time " threatens the Government flows from Corporations and " Boroughs, who are the Nests and Seminaries of faction and " disloyalty, where, notwithstanding and in contempt of a " law made in the seventeenth year of this King, entitled an " Act to Prohibit Nonconformists from Inhabiting in Cor- " porations, we find that in some of our boroughs and cor- " porations in this County several of those dangerous and " disloyal persons inhabit and reside, taking the same sediti- " ous methods they did in the late rebellion of drawing the " peoplefrom their allegiance and duty — That we may there- " fore prevent the mischiefs that may flow from such prac- " tices, we order and agree that the aforesaid law be duly " put in execution through every part of this County. Fifthly. We likewise order and agree that a statute made " in the two-and-twentieth year of this King, entitled an Act "to Prevent and Suppress Seditious Conventicles, be care- " fully and duly put in execution. And all Constables, Church- " wardens, and Overseers of the Poor, in whose parishes any " such unlawful meetings shall be held, are to take notice " that they give due information thereof to the next Justice Quarter Sessions under Charles II. 185 " of the Peace, so as they may be suppressed ; otherwise the " penalties in the Act mentioned will, with all severity, be " inflicted on such of the said officers as shall be found negli- " gent or remiss in their duties. And, that faction may have " no encouragement, we order and agree that all Church- " wardens and Overseers of the Poor, that from and after the " first day of March next ensuing, in their contribution to " the poor, shall give and allow any relief to such as are able " of body and not repair every Sunday to their parish church " and there abide soberly and orderly during the whole time " of Divine service, no such contribution in the passing their " account shall be allowed. " And that all people may have notice of this our Order, " and avoid the punishments of the aforesaid laws by a " regular conformity, charitably believing that some may " be ignorantly misled, we desire that all Parsons, . Vicars, " Curates, of the respective parishes within this County, will, " some Sunday before the said first day of March next, in " their parish churches publish this our Order. " And we would have all men seriously consider the " gentleness of our laws and the wonderful goodness and " clemency of our present King, who, till provoked by un- " sufiferable affronts and traitorous plots against his sacred " Person, would not turn the edge of those laws towards his " subjects, but try the effects of kindness and indulgence. " But, to the eternal infamy of those people, he hath proved " the experiment that not kindness, but the Rod and Disci- " pline, must keep them within the bounds of duty and " allegiance." This order was signed by Arthur Northcote, Coplestone Bampfield, Peter Fortescue, John Rolle, and twenty-three 1 86 Quarter Sessions under Charles II. others. Several persons were committed at these Sessions iQX prcemunire, or refusing the oath of allegiance. The disloyalty of corporations seems to have been deeply impressed on the minds of the justices. At one time it was the practice to adjourn Sessions to Clovelly, Dartington, Er- mington, Stonehouse, Totnes, Ashburton, &c., and this was probably done to give people in various neighbourhoods an opportunity of taking the oath of allegiance. In 1681 it was resolved that Sessions should not be adjourned for taking the oath, " except for loyal gentlemen, and not for any Cor- porations." An address was presented to his Majesty in 168 1 by the justices, officers of militia, and freeholders of Devon. We have not the text of it, but no doubt it was about Non- conformists and " Absenters," as recusants were commonly called. John Lambert was indicted because he " illicite et injuriose dixit propagavit et asseruit hjec falsa " scandalosa opprobriosa et seditiosa Anglicana verba sequ- " entia, viz : They are all knaves ov fooles that signed the " Addresse (humillimam aplicaconem prsedictam innuendo), " In manifestum contemptum dicti domini Regis, in magnam '' depravaconem et scandalizaconem prsefat. justic. officiar. "militiae, liber, tenent. et al. person, prsed. qui humillimam " applicaconem prsed. signaverunt et subscripserunt." When the justices spoke of the " wonderful goodness and clemency of our present King," they were probably alluding to a letter which had been sent from the Council some years before : — " After our hearty commendations. His Majesty's con- " stant desire for the ease and happiness of his people hav- Quarter Sessions tinder Charles II. 187 " ing. amongst other things, put him upon enquiry into the "gaols and prisons of this Kingdom, and having received " information that in many of them there are objects as well "fit for clemency as justice, both which he is willing to dis- " pense in such manner as bold oiifenders may receive no en- " couragement, whilst his Majesty extends mercy to unwary " and seduced persons whom there may be any hopes of re- " claiming — His Majesty hath therefore, in order to his clearer " information in this affair, thought fit to command us to "write these our letters unto you the Justices of the Peace of " the County of Devon, to be read at the next Quarter Ses- " sions to be held for the said County, charging and requiring " you to examine and certify unto this Board, at or before " the 20th day of January next, the names, time and causes " of commitment of all such persons as shall then be in custody " in any gaol or prison of that County, and particularly of " that sort of people called Quakers, with your opinion con- " cerning them respectively, who of them may be fit objects " of his Majesty's mercy, and who are Ringleaders of "faction in contempt of the laws; and hereof you are " not to fail at the time aforesaid. And so we bid you " farewell. " From the Court at Whitehall, the loth day of December, "1667. " Your loving Friends, " Gil. Cant, " Arlington, " Lauderdaill, " Tho. Ingram, " Carlisle, " Anglesey. " Lindsey, " Berksheire, "Bridgwater, "Will. Morice, " Craven, " W. Coventry, "Carbery, "John Nicholas." 1 88 Quarter Sessions under Charles II. We have here a list of the Council at this period. Most of them are mentioned by Pepys, and nine of them were pre- sent when he was called before " a large Committee of the Council "on June 19, 1667. The justices were so pleased with the effect produced by their order of 168 1, that they proceeded in the same direction in the following year, being of opinion that the corporations within the county would be the better for their advice, and that the Dissenting preachers might probably like to know what they thought of them, and might enjoy a pun upon the word " minister." " Having found so good an effect of the order and resolu- " tions agreed on last sessions for the putting the laws in " execution against Dissenters, it having wrought so great a " reformation and (in those parts of the County where it was " observed) reduced most of those wandering people into the " bosom of their mother Church, whom they had undutifully "forsook, we are encouraged and resolve cheerfully to pro- " ceed in the method we have begun. And we hope all those " whom his Majesty hath entrusted in the Commission of the " Peace in this County will heartily concur with us, and show " their zeal for our established religion and their love of the " King in the punishing those people who have declared " themselves enemies to both. " And though we will not take upon us to advise, yet we " heartily recommend the putting those laws in execution to " the Chief Magistrates within the several Corporations of " this County, inasmuch as, unless that be done, we can never " hope to reform the country. And we would desire you all. " gentlemen, seriously to consider the great and more par- " ticular obligations you have received from the King, who, " upon his happy restoration, was graciously pleased to con- Quarter Sessions under Charles II. 189 " firm to you all your ancient privileges, and hath since '' given you so many testimonies of his great grace and kind- " ness as should raise you to the highest pitch of loyalty. " And we hope (when you have throughly considered it) you " will not think it agreeable with the rules of loyalty and " gratitude to shelter and protect from justice any of those " people who are professed enemies to the King and his " Government, but will inflict such punishments on them as " the laws direct. But more particularly we desire you would " deliver up to us those ungrateful Monsters (Nonconformist " Ministers, we mean) who in the late rebellion preached up " sedition and treason. And though the King, out of his " wonderful grace and mercy, hath since been pleased to " pardon them, yet we have reason to believe they take the " same methods and endeavour to debauch the people with " the same doctrines still." Some ungrateful monsters had probably remarked that the Cavaliers were a drunken, dissipated, and swearing party, and that they were far more ready to fight for their Church than to be guided by the common precepts of Christian morality. Although nothing but virtue could flourish under a monarch who had issued a proclamation against vice and immorality, the justices were not, perhaps, free from some uneasiness in their consciences, and the rest of their order runs thus : — " And because it is a common objection that profaneness, " debaucheries, and irreligion are countenanced or never " punished by us (which yet those Zealots who raise this " Scandal are as much guilty of, though they hide it under " the Vizard of hypocrisy, and of pretended sanctity) we de- " clare that (according to the precepts of our religion, which " teach us obedience, temperance, and the strictest rules of 190 QiMvter Sessions under Charles II. " virtue, and according to the directions of his Majesty's " Royal Proclamation, 1660) we will endeavour with as much " zeal to suppress all profaneness and debauchery. And " we do resolve, agree, and order that the several Laws fol- " lowing shall with all severity be put in execution in every " part of the County. " We will with all diligence, according to the direction of " the Statutes made in the One and-Twentieth year of King "James and Third of King Charles, punish all profane " Swearers and Cursers, which give so great an offence to " religion, and which we acknowledge to be the Common Sin " of our Age. And because Disorderly Alehouses are most " commonly the rendezvouz of profane, debauched, and lewd " persons — " We do therefore order and agree that all such Ale- " house keepers as shall permit or suffer any such profane or " lewd persons to sit tippling in their houses shall be care- " fully suppressed in every part of the County. And we do " resolve that in the licensing and allowing Alehouses we will "strictly observe the directions of the Laws made in the " fifth year of King Edward the Sixth, and the first, fourth, " and seventh of King James. " And we do further order and agree that no persons shall be " permitted to keep Alehouses that shall not every Sunday " repair to their parish church and there abide orderly and '' soberly during the whole time of Divine Service, and shall " not likewise produce a certificate that they have at least " twice in the year last past received the Sacrament of the " Lord's Supper according to the usage of the Church of " England. " And we do furtherorder and agree that at all our monthly " meetings we will strictly require all Constables, Church- Quarter Sessions tmder Charles II. 191 " wardens, and Tithing Men to present unto us upon oath all " Drunkards and such as shall remain tippling in Alehouses " at unreasonable times, according to the Directions of the " Laws made in the One-and-twentieth and Fourth years of " King James. " And we would have those Schismatical factious people "who upraid us with the countenancing debauchery and " lewdness to look back upon the late times, and they will " find it was their Schism and Rebellion which was prologued " with such an entry as this too, which first weakened and at " last broke down the banks of Government, and let in upon " us a deluge of profaneness and irreligion ; and though " they call themselves now the Sober party, it is evident they " take the same methods again, and would (if it were pos- " sible) bring us into the same confusion." This order was signed by Edward Seymour, Coplestone Bampfylde, Arthur Northcote, H. Acland, and eleven others. The foUr whom I have mentioned bore the names of families known beyond the narrow limits of Devonshire. The repre- sentative of one of them is the present leader of the House of Commons. Another occupied a similar position two hundred years ago. We all know how Sir Edward Seymour of Berry Pomeroy, member for the city of Exeter, stands out in the brilliant picture of Macaulay, " looking like what he was, the chief of a dissolute and high-spirited gentry, with the artificial ringlets clustering in fashionable profusion round his shoulders, and a mingled expression of volup- tuousness and disdain in his eye and on his lip." His elo- quence, knowledge, and habits of business, had caused him to be the first country gentleman who was elected to the chair of the House of Commons, a post that had been u;5ually reserved for a trained lawyer. He was long the head of the 192 Qtiarier Sessions under Charles II. Parliamentary party called the Western Alliance, and after- wards the leader of the whole Tory party. The order I have quoted, which was, in fact, a political manifesto, is in some respects characteristic of his fierce and haughty temper. If it was not written by his own hand, there can be little doubt that its terms were settled in accordance with his sugges- tions. The orders of the Court at this period are somewhat long, yet it may perhaps be allowable to quote another. It is not without historical interest to know what a large body of country gentlemen thought of the state of public affairs at an important crisis. The discovery of the Rye House Plot in 1683 brought the rage and panic of the dominant party almost to a state of rabidity. The sectaries were de- nounced in language like that sometimes applied to the modern Turks, as the enemies of the human race. The laws were declared to be too gentle to admit of such creatures being dealt with according to their deserts. The justices were shocked to hear that people who were fined for not going to church were depraved enough to go there " only to save their money," and not to join heartily in the service. The holiest mystery of the Christian religion was degraded into a mere political test. The present generation can hardly realize the fact that it continued to be so used until the days of our fathers. The county record rooms are full of " Sacramental Rolls," — certificates that soldiers and sailors, and persons of all ranks and degrees, had received the Sacrament according to the forms of the Church of England. Here is the order of Michaelmas, 1683 : — " We have been so abundantly convinced of the Seditious " a,nd rebellious practices of the Sectaries and Phanaticks,^ Qtiarier Sessions under Charles II. 193 " who through the course of above one hundred years since " we were first infested with'em have scarce afforded this " unhappy Kingdom any interval of rest from their horrid '' Treasons as that we must esteem 'em not only the open " enemies of our established Government, but to all the com- " mon principles of Society and Humanity itself. Where- " fore, that we may prevent their horrid conspiracies for the " time to come, and secure (as much as in us lies) our most "Gracious King and the Government from the fury and " malice of 'em, we resolve to put the severest of the Laws " (which we find too easy and gentle unless enlivened by a " vigorous execution) in force against'emi " First. We agree and resolve in every division of this " County to require sufficient Sureties for the good Abearing "and peaceable behaviour of all such as we may justly " suspect, or that we can receive any credible Information " against, that they have been at any Conventicles and un- " lawful meetings, or at any factious and seditious Clubs, " or that have by any discourses discovered themselves to be " disaffected to the present established Government either "in Church or State, or that have been the authors or pub- " lishers of any Seditious Libels, or that shall not in all " things duly conform themselves to the present established " Government. " Secondly. Because we have a sort of false men and "more perfidious than professed Phanatiques, who, either " wanting courage to appear in their own shape or the better " to bring about their treasonable designs, privately associate " with and encourage the Seditious Clubs of the Sectaries, " and with them plot heartily against the Government, and " yet, that they may pass unsuspected, sometime appear in " the church with a false show of Conformity, only to save O 194 Quarter Sessions under Charles II. " their money and the better to serve their faction — That " we may (if possible) distinguish and know all such dan- " gerous enemies, we will strictly require all churchwardens " and cons1;ables at all our monthly meetings to give us a " full account of all such as do not every Sunday resort to " their own parish Churches, and are not at the beginning " of Divine Service, and do not behave themselves orderly " and soberly there, observing all such decent Ceremonies " as the laws enjoin ; and that they likewise present unto us " the names of all such as have not received the Holy Sacra- " ment of the Lord's Supper in their own parish churches " thrice in the year. " Thirdly. Being fully satisfied, as well by the clear evi- " dence of the late Horrid Plot, as by our own long and sad "experience, that the Nonconformist Preachers are the " authors and fomenters of this pestilent faction, and the "implacable enemies of the established Government, and "to whom the execrable treasons which have had such " dismal effects in this Kingdom are principally to be imputed, " and who, by their present obstinate refusing to take and " subscribe an Oath and Declaration that they do not hold " it lawful to take up Arms against the King, and that they "will not endeavour any alteration of Government either in " Church or State, do necessarily enforce us to conclude "that they are still ready to engage themselves (if not "actually engaged) in some rebellious conspiracy against "the King and to invade and subvert his Government — " Wherefore we resolve in every parish of this County to " leave strict Warrants in the hands of all Constables fot the " seizing of such persons. And as an encouragement to all " officers and others that shall be instrumental in the appre- " hending of any of them so as they may be brought for Quarter Sessions under Charles II. 195 "justice, we will give and allow forty shillings as a reward " for every Nonconformist Preacher that shall be so secured. "And we resolve to prosecute them and all other such "Dangerous Enemies to the Government, and Common "Absenters from Church and frequenters of Conventicles, " according to the directions of a law made in the five-and- " thirtieth year of the reign of Queen Elizabeth, entitled an " Act for the Keeping her Majesty's Subjects in due Obe- " dience. " Lastly. That we may never forget the infinite mercies " of Almighty God in the late wonderful deliverance of our " gracious King and his Dearest Brother and all his Loyal "Subjects (who were designed for a Massacre) from the " horrid conspiracy of the Phanatiques and their Accomplices, " and that we may perpetuate as well our own thankfulness "as their Infamy, that the Generations to come may know "their treachery and avoid and never trust men of such " principles more, and also that we ourselves may perform " our public Duty to Almighty God before we enter upon " the Public Service of our Country — We order, resolve, and "agree, with the advice and concurrence of the Right " Reverend Father in God our much-honoured and worthy " Lord Bishop, to give and bestow for the beautifying of the "Chapel in the Castle of Exon, and for the erecting of " decent Seats there, Ten Pounds ; and we will likewise give " and continue Six Pounds to be paid yearly to anyone of "the Church of Exon whom the said Lord Bishop shall " appoint to read the Divine Service with the prayers lately "appointed for the day of thanksgiving on the ninth of " September last, and to preach a Sermon exhorting to "obedience in the said Chapel on the first day of every "general quarter sessions of the Peace held in the said O 2 196 Quarter Sessions under Charles II. " Castle, to begin precisely at eight of the clock in the " morning. "And may the mercies of Heaven (which are infinite) '' always protect our religious and gracious King, his Dearest " Brother, and every branch of that Royal Family, and may " all the treasonable Conspiracies of those rebellious Schis- " maticks be always thus happily prevented." It was scarcely complimentary to the Nonconformist preachers to offer as little as forty shillings a head for their apprehension. But surely it was not much more flattering to Church and King to vote ten pounds as a thank-offer- ing to the former for the preservation of the latter, and at the same time to devote the said thank-offering to pro- viding comfortable pews for the justices at the chapel in the Castle, which pews were also to serve as a perpetual monument of the infamy of the Dissenters. Nor were the justices disposed to rush into excessive extravagance when they allotted 61. for four services and sermons on the duty of obedience. They made the most of this grant, and at each Sessions formally voted a sum of 30J. to one of the prebendaries " for his excellent and apposite sermon preached this day at the Chappell in the Castle of Exon." If the Dissenters thought they were going to escape punishment by coming to church and squatting when they ought to have knelt, and sitting down when they ought to have stood, they were very much mistaken. The justices had their eyes on them, and were determined to make them " serve God in the beauty of holiness." If they brought a horse to the water, they were resolved to make him drink. Macaulay tells us that great numbers of persons who had been accustomed to frequent conventicles repaired to the Quarter Sessions under Charles II. 197 parish churches; but "it was remarked that the schismatics who had been terrified into this show of conformity might easily be distinguished by the difficulty which they had in finding out the collect, and by the awkward manner in which they bowed at the name of Jesus." This statement is well illustrated by the following order : — " The good effects which our former orders and resolutions "have had, enforcing the Laws against Dissenters and " suppressing factions in this County, doth encourage us to " proceed till we have made, if it be possible, a thorough "reformation according to the established Laws, and " reduced all our Dissenters to a perfect conformity. And " because we have received frequent Informations, as well " from the respective Ministers as from the Churchwardens "and Constables of the several parishes within this County, " and also by our own observation, that although almost all " our Sectaries do now resort to their parish churches, yet, " as it appears by their rude and disorderly behaviour here, " it is no kind of their duty, but only to save their money " and avoid the penalty of the law, they behaving them- " selves with all imaginable irreverence and ill demeanour "in time of Divine Service, contemning at once both " the laws of God and man, and giving just offence to all " devout Christians, and intimating by their rude Carriage " that though they be enforced to come to church yet they " scorn to communicate with us in our solemn offices of "religion — We do therefore, by the advice and with the " concurrence of the Right Reverend Father in God our " much-honoured and worthy Lord Bishop, order and " resolve in every division of this County strictly to require " all Constables and Churchwardens carefully to present " unto us at our monthly meeting all such as do not kneel 198 Quarter Sessions under Charles II. " at the prayers of the Church, stand up at the repeating " of the Creed and in giving glory to the Blessed Trinity " and at other hymns of the Church, and observe all other " decent ceremonies as they are enjoined by the Rubric, " which is allowed and confirmed by several statutes. And " because we are afraid , that some may offend through " ignorance, not knowing their duty, we do therefore desire "the Lord Bishop of this Diocese to admonish the "respective ministers of every parish to instruct their "parishioners either in their sermons or in catechising to " understand the directions and orders of the Church, by "which means in a short time we hope they will come to a '' sense of their duty, and we shall all of us with one accord " serve God in the beauty of holiness." This violent enforcement of conformity goes far towards explaining the cause of the enthusiasm with which the middle and lower classes of the West of England greeted the arrival of Monmouth in 1685, and of William of Orange in 1688. Incumbents of parishes were required from the begin- ning of the reign to come into Court and take an oath of passive obedience. The form is given in the cases of the Rector of Denbury and the Rector of Woodley : — " I, Richard Bickle, and I, Richard Binmore, doe sweare " that it is not lawfull upon any pretence whatsoever to " take armes against the ■ Kinge, and that I doe abhorre " that traiterous position of taking armes by his authority "against his person or against those that are commis- "sionated by him in pursuance of such commissions, and " that I will not any time endeavour any alteracon of "government either in Church or State." Richard Saunders, clerk, formerly beneficed, " and being ' Quarter Sessions under Charles II. 199 lately taken preaching in the corporation of Tiverton," and refusing to take the oath, was sent to prison for six months. Richard Sparke^ clerk, " for depriving (depraving ?) the Booke of Common Praire," was fined 100 marks, and 2/. for an assault. Even the County Treasurer, a gentleman who had for many years done good service to the shire, and had been repeatedly complimented by the Court, and presented with sums of money in token of their approbation, was by no means safe from an accusation of nonconformity. At Michaelmas, 1682, it appears that the Duke of Albemarle recommended John Hutchingson, Esq., for the office of Treasurer in the room and place of Mr. Henry Fitzwilliams, who was "charged for nonconformity and other neglects." But a locus pcenitenticB was left, and it was ordered that if Mr. Fitzwilliams did receive the Sacrament before the next Sessions at his own parish church, and did also prove that he had received it within twelve months before the present Sessions, he might be continued in his office, " but otherwise to be discontinued." This notice seems to have been disregarded, and at Epiphany in the following year a more formal and elaborate warning was recorded : — " Informations being given unto this Court that Mr. " Henry Fitzwilliams, Treasurer of the Stock of this County, "hath heretofore and of late neglected to yield due "obedience to the Laws and Statutes of this Kingdom in "Causes Ecclesiastical — This Coujrt doth think fit and " order that if the said Mr. Henry Fitzwilliams shall not at " the next General Sessions of the peace for this County "prove his due and full conformity to the Laws and " Statutes of this Realm by frequenting the ordinances of 200 Quarter Sessions under Charles II. " the Church by being usually present at the beginning of " the Divine Service, and demeaning himself there as the " La\V directs, at his own Parish Church, and receiving " the holy Sacrament, That then the said Mr. Henry Fitz- " Williams do attend this Court at the said next Sessions " with a full account of his receipts and disbursements, to " the end the same may be adjusted, and a more conformable "person placed in his room." This order seems to have had its effect, for Mr. Fitz- williams retained his office until his death in 1689. 20I QUARTER SESSIONS UNDER CHARLES II. PART II. I MENTIONED in a former paper that the entries in the Sessions Books characteristic of the reign of Charles II. relate to the persecution of Nonconformists and to the hearth-money or chimney-tax. With the former subject we have already dealt at some length. The latter will not require any long notice, although it occupies in the records a far larger space than the former. It was in 1662 that a tax of two shillings a year was ordered to be levied on every chimney in the country," " as a constant revenue for ever to the Crowne." About three months afterwards Mr. Pepys noted in his diary, " much clamour against the chimney-money, and the people say they will not pay it without force." It is often difficult for a statesman to foresee what kind of tax will be most disagreeable to the public, and this is a very strong argument against attempting to impose any burden of a nature to which people are unaccustomed. A tax which is borne with tolerable cheerfulness by one nation may be peculiarly hateful to another. In France people submit to a tax on furniture, but are indignant at the very idea of an income tax. In England we bear an 202 Quarter Sessions under Charles II. income tax, but will not stand a tax upon matches. In America a tax upon matches is paid by the descendants of the men who immortalized themselves by rebelling against a duty upon tea. Of all the many taxes which have been imposed on this country, not even excepting the window tax, there has perhaps never been one more unpopular than the hearth- money. Nor was this unpopularity without good reason. IVIacaulay, writing of it a hundred and sixty years after its repeal, uses language almost as strong as that which he might have employed in attacking an existing grievance from the Opposition benches :— "The discontent excited by direct iipposts is almost " always out of proportion to the quantity of money which " they bring into the exchequer ; and the tax on chimneys " was, even among direct imposts^ peculiarly odious ; for it " could be levied only by means of domiciliary visits ; and " of such visits the English have always been impatient to "a degree which the people of other countries can but " faintly conceive. The poorer householders were frequently " unable to pay their hearth-money to the day. When this " happened, their furniture was distrained without mercy : " for the tax was farmed ; and a farmer of taxes is, of all " creditors, proverbially the most rapacious. The collectors " were loudly accused of performing their unpopular duty " with harshness and insolence. It was said that, as soon ""as they appeared at the thresTiold of a cottage, the chil- " dren began to wail, and the old women ran to hide their " earthenware. Nay, the single bed of a poor family had " sometimes been carried away and sold. The net annual " receipt from this tax was two hundred thousand pounds." We now turn to the proceedings relating to this impost Quarter Sessions under Charles II. 203 in Devonshire. It appears that at first the constables had to make returns to Quarter Sessions of every chimney (which they always spelt chimley) in their parishes. At Midsummer, 1662, complaint was made to the Court by divers petty constables that they were " soe straitned in tyme as they could not make soe exact and due retorne of the fire-hearthes and stoves within this county as by the Act of Parliament was required." They therefore besought the Court " for a further dale for the doeinge of the same, and that they might receave some further instructions from this Courte for their proceedings herrein." The Court consented to adjourn the Sessions until August 26, in order to receive the returns, and in the mean time ordered the unfortunate constable to observe certain " direccons," under penalties which must have been rather alarming. In the first place, they had to require every inhabitant in their respective parishes to give in " a perfect list of all his fire-hearthes and stoves under his hand which are in his possession." Secondly, they had to " informe themselves by their owne viewe of the truth and certenty herrein." In case of failure they were to forfeit 5/. for every week's neglect, and in case of a false return they were to forfeit 40J. for every hearth or stove "soe falsely returned or omitted." Thirdly, persons who by reason of poverty were excused payment of poor-rates were to be exempt from payment of the hearth-money. Other persons claiming exemption were to obtain a certificate under the hands of the church- wardens and overseers, or one of them together with the minister, " and the same to be allowed by the two next justices." 204 Quarter Sessions under Charles II. Fourthly, the petty constables were to make their returns to the chief constable of the hundred, and he was to return them to the adjourned sessions. " And that the hearth of each chimney wherein is any oven, dry kilne, or furnace, be onely and singly charged." The Justices felt it their duty to make these stringent orders, but symptoms may be observed showing that they had no great love for the tax. They had before them one of the ladies spoken of in the old ballad : — There is not one old dame in ten, and search the nation through, But, if you talk of chimney-men, will spare a curse or two. Elizabeth Codner, being convicted "for assaultinge of the collector of His Mat's revenue of hearth-money," was com- mitted for one day, "and discharged afterwards." This sentence can hardly have been encouraging to the prose- cutor, and we do not hear of many such cases being brought to the sessions, nor of further orders to the constables. There are, however, many cases of assault in which the circum- stances are not mentioned. It seems that the powers of distraint were exercised directly by the collectors and their agents. But the Jus- tices in Quarter Sessions retained the power of excusing or reducing the tax in cases in which it was certified by the minister and churchwardens or overseers that the number of chimneys belonging to any person had been reduced. As time went on, these applications became more and more frequent, and the entries relating to them take up a very considerable part of the books in the latter part of the reign. The tax may have had a good effect in one way, for the general " demolition of fire-hearths " which seems to have taken place must have checked the wasteful consumption Quarter Sessions under Charles II. 205 of fuel for which our country is still remarkable. The tax was so unpopular that persons to whom a few shillings more or less can hardly have been of much importance demolished some of their chimneys and applied for a reduction, as people used to take steps to avoid the unpopular burden of the window-tax, and as they now sometimes try to avoid the scarcely less unpopular turnpike-toll. Humphry Gilbert, Esq., of Compton, the representative of the family so famous in the days of Elizabeth, " having formerly twenty chimleys and fire-hearthes in his house at Greenway," proved that " tenne of them are since totally demolished," and was discharged from the payment of hearth-money for the said ten fire-hearths. Sir William Morrice, Secretary of State, demolished seven fire-hearths in his house called Mount Wise at Stoke Damerel, near Plymouth. Sir William Courtenay had ten fire-hearths in Ilson or Ilton Castle, and demolished six of them. (In the follow- ing sessions it appears that he demolished eleven out of thirteen in the same place.) Sir Walter Yonge, Bart., " had formerly in his Capital! Mancon howse of Mohun's Ottery fourteene Chimneyes,'' but he demolished four of them and was discharged from paying for them. Pepys tells us that it was at one time proposed in Parlia- ment that people should be permitted to buy off the chimney-money at eight years' purchase. The King refused to part with it, and Sir W. Coventry told the Duke of York "that whoever did advise the King to that did as much as in them lay cut the King's throat, and did wholly betray him." The truth of this was seen at the Revolution. The 2o6 Quarter Sessions under Charles IT. hearth-tax was especially associated with the restoration of the Stuarts, and passed away at their final expulsion. In 1689 it disappears completely from our records of sessions. We turn to Macaulay for an explanation, and we find that as soon as William of Orange landed at Torbay, and along his whole line of march to London, he was importuned by the common people to relieve them from the intolerable burden of the hearth-money. He was so much impressed by the public opinion of this grievance, that he introduced the subject at one of the earliest sittings of the Privy Council. He sent a'message respecting it to the House of Commons, and the tenth Act of the first year of William and Mary declared the chimney-tax to be a badge of slavery, and abolished it for ever. The government of Charles H. was probably the most prodigal and reckless, in proportion to its resources, that ever existed in Europe, until the Turks discovered that they had almost unlimited powers of borrowing from Christians. ' It is scarcely possible even now to read with- out shame and indignation how English soldiers and sailors were left to starve, or to desert to the Dutch, while the money freely voted by Parliament for their maintenance was devoted to the profligate extravagance of Lady Castle- maine and Barbara Palmer. We might have expected that the county finances would have been administered as carelessly as those under the control of the " Merry Monarch." This, however, was by no means the case. Economy, with many other more important virtues, when expelled' from the court, took refuge in the country. The contrast resembles that noticed by Mr. Pppys, when he left for a day or two the wigs, and wickedness, and wanton- ness of Whitehall, and saw upon the Downs what he calls Quarter Sessions under Charles II. 207 " the most pleasant and innocent sight that ever I saw in my life ;— a flock of sheep, a shepherd, and his little boy reading, far from any houses or sight of people, the Bible to him." It would appear that the expenditure of the county of Devon at this time was most frugal, not to say parsimo- nious. We have already seen that the pensions granted to the " maimed soldiers " were very scanty, and that the cost of their maintenance seems to have been gradually shifted from the county on to the parishes. We have also seen that when the justices voted a thank-offering for the escape of the King and the Duke of York from the Rye House Plot, the amount of their offering was no more than ten pounds, and even that was appropriated to erecting seats in their own chapel. A similar policy seems to have pre- vailed during the whole reign. One of the first orders made after the restoration was that all treasurers and constables who had held office since March 25, 1642, were to account to the Court for their receipts. This order, no doubt, served a double purpose, as saving the imposition of new rates, and also as affording a convenient way of inflicting penalties on the unfortunate members of the Roundhead party. The accounts, as we may imagine, were found to be in considerable confusion, and constant orders were made upon the subject. All arrears of rates between 1642 and 1660 were enforced as far as possible. It is mentioned that the Judges had decided thdt these arrears had not been pardoned by the Act of Indemnity. Mr. Henry Fitzwilliams, who had been Deputy Clerk of the Peace in 1658, was appointed Deputy Treasurer (the treasurers being justices, who were generally changed every year), and was allowed 2j. in the pound on 2o8 Quarter Sessions under Charles II. all arrears that he succeeded in collecting. In 1663 he reported that he had collected 967/. 6s. iid., and that there remained about 2100/. unpaid. Afterwards we find that he was allowed 2s. 6d. in the pound for all arrears that he should collect. He had only " 20/. standing sallery for auditing and taking all the publique accompts of the county." By 1666 we find that he had collected altogether 1433/. 9^. id. for arrears. We find a summary of the treasurer's accounts entered pretty regularly in the books during this reign, which had never been done before. In 1667 the total rates imposed on the county were : — £ s. d. " For the Gaol 164 14 10 " For the Hospitals . . . . 167 14 4 " For the Maimed Soldiers . . . 565 8 o It may not be of much general interest to dwell on the subject of county accounts, but our prison reformers may contemplate with admiring despair the "utilization of prison labour" during the reign of Charles II. The work on which the prisoners were employed was, no doubt, weaving, the staple manufacture of the West of England at that time and long afterwards. Justices committing any person to gaol were " to express under the mittimus whether such person be of ability to maintain himself, or else to receive relief from the county." The allowance from the county, which was seldom granted, did not exceed three half-pence a day. The court was so liberal as to vote twopence a day for some Dutch prisoners of war. Prisoners confined in the workhouse or Bridewell at St. Thomas were not only to maintain themselves by their Quarter Sessions under Charles II. 209 work, but also their wives and children ; and the governor was ordered to detain part of their wages for this purpose. Perhaps one of these orders may be worth quoting at length, in the hope of a good time coming when similar orders may be possible : — '■ " Whereas this Courte is informed that some persons who " have wives and children, & formerly have been sent to y' " house of correccon or workehowse at St. Thomas Appos- " tie's, who are able to gett whilest they are there more " than suiiScient for their owne releife & maintenance, yet " spend & consume all their gettings & send none to y' " reliefe of their families : The Governor of the said howse " is therefore hereby ordered not to give nor allow unto " such persons (as have a charge to maintaine) out of their " worke more than in his discretion shall be thought fitt " for their owne releife and maintenance whiles they are in " y' said howse, and for what any person can gett over and " above it is to be paid towards y° reliefe of y' wives and " children of such persons as havcany." ' They had an opportunity of " consuming their gettings," as beer was sold in the gaol, " but not above twelve shillings to the hogshead." A chaplain was provided by allowing Mr. Reynolds, the minister of the parish, 30/. a year for officiating at the House of Correction. The Governor had 60/. a year, and must have been well worth it. The charge on the county for this purpose went on diminishing. (In our time no charges ever diminish.) In 1675 the rate for the gaol, which was 164/. 14J. \od., was reduced to one-half. In the next year it was again reduced one-half, so that the whole rate was only 41/. 3J. 84 The office was in the gift of the Lord-Lieutenant, the Duke of Albemarle, who, as George Monk, had been Sir John Northcote's col- league in the representation of Devonshire in 1 660. Mr. John North- cote was probably a son or nephew of the Baronet. 214 Quarter Sessions under Charles II. " Security, and where they may be putt to reasonable " labour for gaining something towards their better Subsis- " tance, and suffered to straggle abroad untill the first " opportunity of any vessell bound from those westerne " partes for Tangier or the mediterranean, and then the said " five men are to be putt on board of it, and landed upon " the Barbary coasts in any place' neere their own country, " his Ma'" being further pleased to signifie as aforesaid that " his Ma"° being att amity both with the Emperor of " Morocco and with the Governments of Argeir, Tunis, and " Tripoli, its his Ma""'' pleasure to have them used friendly " without any hardshipp." Other foreign personages besides "turkes" and "moores" occasionally appear on the scene. Three " ffrenchmen " were treated with much consideration. A committee was appointed to inquire "how longe they were kept at Topesham to Charity Tomling's there," and to order Mr. Fitzwilliams to pay her " after the rate of six shillings a weeke at seaven dayes to the week for each of the said ffrenchmen for the time they soe remained there for their meate, drinke, and lodginge." Moses Aberdena, " formerly a professed Jew," had since his coming into the county been " converted to the Chris- tian faith and growne very poore and necessitous." The- Court kindly voted him "the sume of fforty shillings towards his present reliefe and more comfortable subsis- tance." A still more mysterious individual appears on another occasion, and induced the Justices to combine their charity with a taste for Biblical archaeology. The treasurer was ordered to pay 5/. to Mr. John Reynolds, minister of St. Thomas the Apostle, " for the use of Kas Isa, a Caldean Quarter Sessions under Charles II. 2 1 5 minister, who lately lived in Mosul, a greate citty neer the place where old Nynivee stood, whose wife and children are taken into captivity in Turkey." And the said 5/. were to be remitted to Mr. Thomas Hyde, "Publique Library Keeper in Oxford," according to the desire of the said Kas Isa. The Justices would evidently have appreciated Mr. Layard. Their treatment of a Chaldasan minister is in strong contrast to that applied to Nonconformists. It is not often that a county excites in its children those feelings of patriotism which so often induce people to bestow endowments on their town or parish. The county of Devon, however, has an endowment of about i86/k a year, arising principally from certain fee farm rents, the origin of which had been completely forgotten, but is entered at length in these records. It seems to deserve mention, as being connected with a man of con- siderable eminence. Sir John Maynard, Serjeant-at-law, who was a leading lawyer and member of Parhament during more than half of the seventeenth century, ' who prosecuted Strafford in 1641, and was a Commissioner of the Great Seal under William III., offered in 1665 to pre- sent the county with a thousand pounds, on condition that the Justices should meet it with a similar sum, and that the whole 2000/. should then be devoted to some public pur- pose for the benefit of the county. It was resolved that the sum should be laid out in lands for the maintenance of the workhouse at St. Thomas. After long delay^ caused, as it would seem, by the difficulty of finding a suitable investment, this "noble worke of charity for the publique good of the county" was duly accomplished. The general Act of Parliament, 19 Charles II., c. 4, " for relief of poor prisoners, and setting them on work," is more 2 1 6 Quarter Sessions, under Charles II. than half occupied by regulations respecting this sum of 2000/., and other rules for the conduct of the gaol and workhouse for the county of Devon, which seems to have been held up as an example for other counties. The fee farm rents of the Manor of Dunkeswell, amounting to 54/. 4^. 4d., were bought of Peter Prideaux, Esq., in 1672, for 850/., or rather less than sixteen years' purchase. The bill of the attorney employed, Mr. Daniel Vinecombe, is given at length. " For his own paines and labour " he charged 61. His disbursements amounted to 61. i$s. 6d. out of the parish of Dean Prior at the same rate as that for which the county had contracted. The Court agreed to let him have it at 18 years' purchase. Perhaps he thought this too much. At any rate, the sale was not effected, and it is a good example of the permanence of English institutions that Lord Chur- ston, the present representative of Mr. Yard, pays to the county at this day the annual rent of4/.i3J.8(3r. for the manor and rectory of Dean Prior, the living once held by the poet Herrick. The other rents paid in the year 1876 are also identical with those of 1676. Quarter Sessions under Charles II. 217 Mr. Daniel Vinecombe's bill of charges for this purchase amounted to 21/. 8j. a^., and the Justices were so pleased that they voted him a gratuity of 20/. " for his extraordi- nary paines, care, and charges " in effecting the said pur- chase. It is curious that so eminent a man as Sir John Maynard is not included in Prince's " Worthies of Devon." He was born at Tavistock in 1602. For anything that appears in the county records, the gift of 1000/. came from his own pocket. But this was not really the case. It came from the estate of Elize or Eliseus Hele, who left a very large property for " pious and charitable uses." Sir J. Maynard was one of his trustees, and founded schools and other charities at Exeter, Plymouth, and other places. ' The difficulty of "supplying and furnishing His Majesty's fleets with able and sufficient mariners and seamen," which most deservedly perplexed Mr. Pepys and his colleagues, gave rise to a conscription not less rigorous than that of Germany. A letter was received by the Justices at the beginning of 1672, requiring them to direct all head- boroughs, constables, tithing-men, and other officers within the county, to make exact lists of the names " of all such seamen as inhabit within their respective parishes and precincts, together with an account of their several ages." One copy of these lists was to be transmitted to the Lords of the Council, and a duplicate to the Vice-Admiral of the county or his deputy. And this process was to be repeated every year at the next Quarter Sessions after Easter. The letter bears the signatures of Craven, Bath, Ossory, Arlington, G. Cartaret, J. Duncombe, J. Bridgwater, Newport, Trevor, Thomas Chicheley, and Edward Walker, It is dated January 10, 167 1-2, which is the first instance 2 1 8 Quarter Sessions under Charles II. I have found in these volumes of uncertainty as to the com- mencement of the year. On one occasion we find that three men found wandering without a " let-passe " were to be " sent to the fleet to serve His Majesty." There are other letters respecting the supply of seamen in the following year, written by the Lords of the Council to the Earl of Bath, Gustos Rotulorum, by the Earl of Bath to Sir Thomas Carew, " Judge of the Sessions," and by Sir Thomas Carew to the Justices who were not present when the subject was brought before the Court. How the business of pressing mariners for the fleet was carried on in the time of " the Merry Monarch " may be learnt from many parts of the journal of the excellent Clerk of the Acts, whose heart, to say the truth, was scarcely so hard as the organ that might have been expected to beat in the bosom of an ofiicial of that period. His pity, however, seems to have been mingled with his usual appreciation of a dramatic situation : — " To the Tower several times, about the business of the " pressed men, and late at it till twelve at night shipping " of them. But, Lord ! how some poor women did cry ; " and in my life I never did see such natural expression of "passion as I did here in some women's bewailing them- " selves, and running to every parcel of men that were " brought, one after another, to look for their husbands, and " wept over every vessel that went off", thinking they might " be there, and looking after the ship as far as ever they " could by moonlight, that it grieved me to the heart to " hear them. Besides, to see poor patient labouring men " and housekeepers leaving poor wives and families, taken " up on a sudden by strangers, was very hard, and that Quarter Sessions under Charles II. 2 1 9 "without press-money, but forced against all law to be " gone. It is a great tyranny.'^ In another place Pepys describes men being pressed who were " wholly unfit for sea, and many of them people of very good fashion, which is a shame to think of" Even men employed in victualling ships for the fleet, and in the boats of the Admiralty and Ordnance Offices, were pressed, " so that for want of discipline in this respect I do fear all will be undone." The only notice of the Great Plague occurs by way of precaution. At Easter, 1666, the chairman was directed to write to Sir Hugh Pollard, Baronet, Controller of his Majesty's Household, and Sir William Morice, Knight, Principal Secretary of State (both Devonshire M.P.s), "to acquaint them of the danger that threatens us by reason of the dispersion of the pestilence, which, should it break out in any parts of this county, our numerous poor people who are already too much inclinable to disorder by reason of the decay of trade, upon which their subsistence so much depends, we fear will run into greater confusions." The Justices, therefore, desire to have some instructions from the Privy Council " what course wee shall take upon such an occasion, which wee the rather desire because some doubte hath beene made of the validity of the lawes in that behalfe." A reminiscence of the siege of Lyme appears in 1661, in an order that a certificate should be sent to the Right Hon. Edward Earl of Clarendon, Lord Chancellor of England, " of the great ruine of the town of Axminster by the armies in the late unhappy warrs." Transportation now appears for the first time as a definite sentence. The usual course had been to enter in the book 220 Quarter Sessions under Charles II. that a certain person had been convicted of felony, but judgment was respited on his consent to be transported. Witchcraft, of course, was believed in, not only by the Bench, the jury, and the witnesses, but by the unfortunate culprit herself The Court was informed that John Jermin, late of Woodbury, " lay languishing for the space of half a yeare and then dyed," and that Agnes Ryder of the same parish had confessed that she had bewitched him to death. A warrant was issued against the said Ryder, but the result does not appear, as she was probably committed to the assizes. In 1682 three witches were sentenced to death at Exeter. In the same year we ifind a breaking-up of a gipsy family bearing the famous name of Stanley. Three of the men were convicted of being dangerous rogues, and sen- tenced to transportation, and a woman was whipped and sent to her birthplace in Lincolnshire. An extinct word may be noticed in the, commitment of Robert Coad, who was convicted of " being a night-walker, and pilfering and strubbing in the night-time." ' The dawn of modern times appears in-the New Highway Act of 167 1, which was probably as great a plague to the country gentlemen of the period as its modern anti-type. The orders about the preservation of fish, too, are very similar to those issued in the reign of Mr. Frank Buckland. Even a " Conservator " was appointed for the rivers Exe, Bathon, and Barle, to look after the offenders who " doe keepe netts df less meash than two inches and halfe from ° A writer in the Examiner, noticing this passage, asserted that strubbing is merely a local way of pronouncing the word disturbing. Mr. Pengelly says {Notes and Queries, July, 1870) that the word was common in East Cornwall thirty years ago, and signified stripping or robbing, e. g. " To strub a bird's nest." It is still used in some places. Quarter Sessions under Charles II, 221 knot to knot, and therewith take and destroy the spawne and fry of fish, and Towts of lesse than eight inches in lengeth." He was also to " inform the names of all such persons as have any such hutches or engines at theire mill- tailes, and also to open, enlarge, and widen, alter, or destroy such straite and unlawfuU weares and hutches, and in all things to do and act as a conservator of the said rivers." Not so modern are the entries respecting servants. Evi- dence was given before the Court that Aaron Nightingale did, in the year 1655, with the consent of his friends, make a covenant with John Trankmore, of Topsham, to serve the said Trankmore for 40J. per annum and diet for twenty years, " if Mr. Trankmore would entertaine him soe longe att such a rate !" And in 1684 the Court took measures for "reforming the irregularities and illegal practices used in receiving, keeping, and putting away Servants," and for providing " that noe person may henceforth receive and entertain any Servant v/ithout a Testimoniall as the Law directs, and that the order of this Courte in pursuance of the Act of Parliament for assessing wages may be hence- forth the better observed." Very far, too, from modern ideas is the petition of certain inhabitants of St. Sidwell's, Exeter, in 1667, recommending an accused person to severity. They humbly beg that Peter Crosse, now a prisoner, may be transported, as he is " a terror to the City and Country, having committed many outragious Crimes, and is a Cheiffe Actor of mischeivious Actions." " And itt may please God this to be the meanes to save him from hanginge, which undoubtedly will attend him withoutt some wise prevention." Since writing the previous part of this paper, I have been 222 Quarter Sessions under Charles II. favoured with a sight of the records of the county of Bucks, which commence in the year 1678. They are, of course, somewhat similar to those of Devon, but are not without some points of difference. The first three or four years show an active Protestant, if not Puritan, spirit among the authorities as well as the common people, as might be expected in the county of Hampden and Fleetwood. Some " conventiclers " and sectaries were of course in- dicted, as the law required, but the greatest severity was reserved for Papules Recusantes, Popish recusants, or, more briefly, Po. Rec. At Epiphany, 1678, 55 persons were indicted for this offence, and proclamation made that, if they did not " render their bodyes " to the Sheriff before the next sessions, they would be convicted as Popish recu- sants, and special process ordered to go out against theqj. Persons of good family, such as Sir John and Lady Fortescue, Sir Robert Throckmorton, and others, were indicted in a similar manner. But about 1682 special attention was directed to Protes- tant " absenters from church." Many scores of such were indicted. An order was made that no constable was to be appointed without inquiry " whoe is y' most fittest person for that office, and particularly of his conformity to the Church." Another order directed all churchwardens, over- seers, constables, and other officers, " to diligently inquire, observe, and take notice of all conventicles," and to present the names of all persons attending them. This order was to be read in every church once a quarter. The Clerk of the Peace was directed to wait upon the Right Rev. Father in God, Thomas, Lord Bishop of Lincoln, " to intreat his Lordship's favour from this Court," that he might give positive directions to his subordinate officers, Quarter Sessions under Charles II. 223 " that they for the, future take special care there be good churchwardens in every parish in this county, that are good Churchmen and well affected to the Government." At Midsummer, 1683, after the Rye House Plot, the Court ordered that an address be made to his Majesty from the Justices of the Peace, " to show their sincere joy for the preservation of his sacred person from a most wicked and horrid conspiracy against the precious lives of his Majesty and his royal brother James Duke of York, and to show their detestation and abhorrence to all plots, conspiracys, and associations whatsoever against his Majesty or his government, either in Church or State." It was also ordered " that noe person or persons whatso- ever but what are Loyall and well affected to the Govern- ment be lycensed to sell Ale, Beer, &c," Many more persons were indicted and fined' for attend- ing conventicles ; and the gaoler, " Mr. Birtch," not only lost his place, but was fined 5/. for suffering some Quakers committed by the Court to go at large, Whipping seems to have been a favourite punishment in the county of Bucks for many small offences. Perhaps this practice received an impulse from a certain Justice who is recorded to have acted at Beaconsfield, Sir George Jeffreys. His seat was at Bulstrode, now the Duke of Somerset's. The Clerk of the Peace seems to have taken a pleasure in carefully recording the details of the punish- ment. Here is a specimen of a whole class of entries. Kellham Hebbes and William Bates having been convicted of theft, it was ordered " that they and every of them be made fast to the breech of a cart, and stripped naked from the wast (sic) lupwards this present fryday about one of the clock in the afternoonj and whipt from the Mercatt howse in 224 Quarters Session under Charles II. Cheshatn to the greate Elme att ye upper end of the street, and soe downe to the Mercatt place againe, untill their bodye be bloody, and soe to be discharged paying their fees." The punishment sometimes exceeded the offence. At Midsummer, 1684, the Court received credible information that divers Scotch and other pedlars, or petty chapmen, did travel and wander about in the county "to the greate damage and hindrance of all shopp keepers and others his Ma"''" leige subjects." The Court passed a strong measure of protection, and ordered that the petty constables and ti thing-men, whenever they saw or heard of a Scotch pedlar> or other petty chapman, should immediately apprehend and take the body of such person, and (apparently without taking him before a Justice), should strip him naked and whip him, or cause him to be openly and publicly whipped and sent away. The farmers of the hearth-tax were not more popular in Bucks than they were in Devon, and met with even less support from the Justices. " Divers and sundry good sub- jects of our sovereign Lord the King did complaine of many and greate abuses to them lately done by the collectors of his Majestie's revenues ariseing by fire-hearths in this county by takeing extortively of them many summs of mony." Several bills of indictment were preferred against the delinquents, but "after a longe heareing of divers just complaints well proved in Court against them," they produced a certiorarito remove all proceedings against them into the King's Bench. Whereupon the Court deter- mined to make an address to the King and Council against the farmers of the said revenue and their officers, " for the regulating such greate and greivous oppressione of the people." 225 QUARTER SESSIONS UNDER JAMES II. The days of James II. were few and evil, and the ordinary course of business was so similar to that which prevailed under the rule of his brother, that few remarks need be made upon it. But, though the reign was so brief, it was distinguished by two great events, both of which were closely connected with the county of Devon. The Duke of Monmouth landed within two miles of the boundary of Devonshire, and the course of his expedition for the most part lay not far from its eastern frontier. William of Orange landed in Torbay, marched through the heart of the county, and held his court in its ancient capital. Of the latter of these events we find no notice in the records of Quarter Sessions. Of the former some brief reminiscences may be gleaned. Monmouth had always been singularly popular in Devon- shire. Five years before the death of his father he had been received in Exeter with royal honours, and more than loyal enthusiasm; Even to this day some oral traditions of his visit are preserved in the neighbourhood. He is said ^ to have visited Topsham, the port of Exeter, and to have composed these doggerel lines, which may with more pro- bability be attributed to some local poetaster : — Topsham, thou'rt a pretty town — I think thee very pretty, And when I come to wear the crown I'll make of thee a City ! 2 26 Quarter Sessions under James II. A street in the favoured locality still bears his name, and a public-house boasts the sign of the Duke of Monmouth. The Devonshire militia, called out under the Lord Lieu- tenant, the second Duke of Albemarle, to serve against the " Protestant Duke," promptly ran away, or deserted to the enemy. At the Michaelmas Sessions of 1685 we find an order that " diligent search should be made for the soldiers who had deserted from the Earl of Bath's regiment." War was not very costly in those days. At the same sessions an order was made reciting that in the time of the late rebellion, " there being then great occasion for a great sum of money for suppression thereof, and that his Majesty's emergent and present Service might be prosecuted with all vigour,'^ his Grace the Duke of Albemarle was pleased to require from the Treasurer of the county the sum of one hundred and ten pounds " for Suppressing the Rebbles." And the Reverend Dr. Annesley, " Dean of the Citty of Exon," and Mr. Robert Davyes, of Exon, goldsmith, were ordered to repay the said sum "out of the publicke money belonging to this County remaining in their hands." The battle of Sedgemoor was fought on the 6th of July. The Sessions were held at Exeter eight days afterwards, and the Justices calmly made their usual orders about bridges, and fire-hearths, and parish constables. But we find a very long calendar of prisoners in the gaol, and three are specially mentioned as having borne arms in the late rebellion. The persecution of the Nonconformists had borne its fruit. It is certain that there were not a few Devonshire men among the Somersetshire peasants who, on the field of Sedgemoor, received the charge of the Life Guards with their scythes and pitchforks. Before the Michaelmas Qttarter Sessions under y antes II. 227 Sessions " the famously Loyal Lord Chief Justice," as an enthusiastic Plymouthian called Jeffreys in 1684, had visited Exeter, and had left little work for the county Justices to do, except for Mr. Richard Coffin, of Portledge, who had the misfortune to be High Sheriff for that year. It was well that his house was far away, from Exeter, or his wife might have been frightened out of her wits, like poor Lady North, by the hangman driving up to the front-door with a cart full of the heads and limbs of the rebels whom he had quartered, and calmly asking " his master " where he was to put them.' Mr. Coffin is mentioned by Prince, in the Worthies of Devon, as a right worthy and worshipful gen- tleman, of great piety and virtue, and, for his quality, of excellent learning. " He hath a noble library, and knows well how to make use of it." Mr. Thomas Northmore, of St. Thomas, near Exeter, was his " Assistant Deputy Sheriff." The Sheriff himself was in an infirm state of health, which kept him at home during a part of the year, and necessitated much corre- spondence with his deputy. The letters of the latter have been fortunately preserved at Portledge, and have been most kindly entrusted to me by Mr. J. R. Pine Coffin, the representative of that very ancient family. They are of greater historical interest than the County Records of this period. On the 1st of June, 1685, Mr. Northmore wrote to inquire about Mr. Coffin's health, and mentioned that " here hath been very little or no business." He says, " I had no great need of an employment, neither was I very fond of it, but shall dispose my duty to my King, and you as his Sheriff of this County." » " Life of Sir Dudley North." Q 2 2 28 Quarter Sessions under James II. He little knew what was coming. Before he had finished his letter, he had reason to retract his opinion as to the absence of business. Symptoms of insurrection had appeared at Taunton, excited perhaps by Thomas Dare, who had been sent in advance by Monmouth. " Since the writing above here is an express from Taunton with a letter from the Mayor there to the Mayor of this City (Exeter) whereof inclosed is a copy. The Militia here is up. I hopd you will take care to give me order to raise the Posse if occasion." The Mayor of Taunton had received two intercepted letters, "intimating an intention of an insurrection forth- with in the West." And a miller and his wife had de- posed that above eighty horsemen, " supposed armed," passed near Taunton at four o'clock in the morning of that day (June i) "by a way leading into the West of England." On the 8th of June Mr. Northmore reported that the Duke of Albemarle had come to Exeter, and ordered his regiment to be raised. " It's thought it is on the supposition of an insurrection or rebellion here in the West, by reason of a ship which the " Tiger," one of his Majesty's frigates, lately took at sea and brought into Plymouth laden with arms and ammunition." Monmouth landed at Lyme on the nth of June. On the 1 2th Mr. Northmore wrote to the Sheriff: — " Sir,— The Mayor of Lyme is come hither this morning, and since that another express to his' Grace the Duke of Albemarle, with an account that the Duke of Monmouth landed there, and hath set up his standard, and is listing of soldiers under his service. We do not hear of above three or four hundred men that are yet landed, but it's thought Quarter Sessions under yames IJ. 229 there are many more embarked in four ships which h'e before that place." Macaulay mentions only three ships. " I waited on the Duke of Albemarle this morning early, to know what service he had for you. He willed me to send an express to you, and thought he should have an occasion to raise the Posse Comitatus, but would not have it done till further order from him. However, that we may be in readiness, it's advisable to prepare warrants for raising the Posse, as I am now about to do. Pray order the like there" (in the northern division of the county). "Foreign assistance may be doubted. The Duke of Albemarle directed me to write a letter to Sir Hugh Piper to secure the ships and ammunition in the harbour of Plymouth, and to search all suspected places for arms, and to secure all such persons as are thought to be dis- affected to the King and Government, and withal to set forth as many ships as he could from that place, well manned and armed, with provisions necessary, to be before Lyme with all speed, where his Grace intends to be in a few days, which letter I wrote, and his Grace did sign and seal it, and an express is gone to Plymouth with it. " I think it necessary for you to send to Barnstaple and Bideford, and other port towns in the North to secure the Shipping, and Ammunition for his Majesty's service, and to seize the arms and persons of those which are suspected anywise to the Government; and to give notice to the Towns in your parts to be in readiness with arms and ammunition to attend your further Summons." The next letter is apparently from Mr. Northmore's clerk. It differs slightly from the account of Macaulay, 230 Quarter Sessions under James II. who says that the Duke of Albemarle had four thousand men actually assembled at Exeter when the news was brought by Gregory Alford, the Mayor of Lyme. " Honoured Sir,— This day about ten in the morning his Grace the Duke of Albemarle went hence with a con- siderable company of horse and foot soldiers, and intended to lodge at Honiton this night, where will meet him the militia of the East part of the County. Those he carried with him from hence, and those that will meet him at Honiton, are computed to be three thousand five hundred and upwards. Besides these there are a great many who live in the remotest parts of the County that are expected to assist him speedily, together with the militia of Somerset and Dorset, which will be near 10,000. His Grace hath not yet given orders for the raising of the Posse Com., there being no need of it as yet, for it's said that the Duke of Monmouth brought with him but 300 or 400 men, and since his landing hath listed about 800 (as it's here re- ported). This is the best account I can give. Enclosed is a copy of the precept for raising the Posse Com. I have made 34 copies of it, which is one for every hundred in the county, which I shall disperse as soon as I have orders from his Grace the Duke of Albemarle so to do. Thus, with the tender of my humble service to yourself, good Lady, and Branches, I rest — Your honour's most faithful humble servant, " Jacob Cliffe. " St. Thomas, 13° Junii, 1685. " My Master received yours, and gives you his humble service." It may be doubted whether the Posse Comitatus of Devon has ever been called out since this occasion, except in that wild week of 1690, when a French fleet dared to anchor in Quarter Sessions under yames II. 231 Torbay, and actually burnt the village of Teignmouth. Perhaps the form of the precept may be worth preserving. ^' Devon. — Richard Coffin, Esq., Sheriff of the County aforesaid, "To the Constables of the Hundred of and to every and either of them, Greeting. " Whereas a great number of men in arms and warlike manner are landed at Lyme Regis in the County of Dorset, and have there set up their Standard and declared open war against his Majesty and Government, and it's vehemently expected that they design very speedily in a Traitorous and Rebellious manner to invade this County, and to disturb the King's peace by an open war therein. These are therefore in his Majesty's name, by virtue of his Majesty's writ of assistance and of my office, to will and require you that you forthwith on receipt hereof summon and warn all sufficient and able men within your hundred which are above the age of Sixteen and under Sixty (those which are in Holy Orders only excepted). That they be and appear at the Castle of Exon in the County aforesaid without delay, furnished with arms and ammunition fit and convenient to aid and assist me in his Majesty's service for the suppressing of all such Rebellions or Insurrections as are, shall, or may be committed or done within the County aforesaid during my office, on pain of being pro- ceeded against according to law. And that you be there present to make return hereof. And this you are not to omit. Given under the seal of my office this — day of June in the first year of the Reign of our Sovereign Lord King James the Second over England, &c. — Annoque Domini 1685°." On the isth Mr. Northmore wrote that he had orders 232 Quarter Sessions under James II. from the Duke of Albemarle to direct the Sheriff to call out the Posse Comitatus at Exeter, and the Mayor and Dean of Exeter advised him to come himself with about 200 horsemen, " as well armed and provided as they may be, of the most able and loyal men." He says, " there is noe doubt of a ready complyance in all the loyall gentry and comonalty in this emergency to serve theire Kinge and country." The latest news that he had received was that the Duke of Monmouth, with about looo men, was on the previous night at Bridport, " where they met with about 600 of the militia of Dorsetshire, who engaged them^ There were about ten killed on each side (as it's said) and the Duke of Monmouth wounded, and that the Duke of Monmouth and his, party retreated, and the militia followed them, and took some of their guns which were left in the flight. The Duke of Albemarle, with the King's forces of this county, intended to march this morning from Honiton towards Lyme. Colonel Lutterell, with the militia of Somerset, intends this day to join the forces of that county with these {sic) of our county (as it's said) and that the King's army will this day be 20,000 strong. It's talked that a Royal Regiment is also coming from London to assist .the King's forces here, and that some of the King's ships will speedily be, if not already, before Lyme. So that I hope (by God's assistance) a few days will set an end to this Rebellion in Dorsetshire, . . . Pray give order and encouragement to the country to send hither corn, cattle, and other pro- visions for the King's forces here. You may assure them they will be paid ready money for the same, and have all freedom, without any pressing of the men or horses^ On the 19th of June Mr. Northmore mentions a brush Quarter Sessions tmder James II. 233 which he had had with Mr. Wollocombe, Mr. Coffin's son- in-law. The gentlemen of the county had been summoned to appear at Exeter, and Mr. Wollocombe said at the Castle "that hee thought there was noe need thereof unless it were to watte upon mee, but said that hee and severall others would follow the campe." Mr. Northmore booked him at once, by reporting his name to the Deputy Lieutenants, "and I presume to-morrow hee will beginne his march." The news was that the King's army was supposed to be at Wellington, about 20,000 in number. " His Majesty's Granadeers, with severall of his Royall Troopes and Dragoons, have given greate life to the army, and it's hoped that a few days will show a signall victory. The enemy is supposed to encampe in or about Taunton." It was on the 20th of June that Monmouth caused him- self to be proclaimed king in the market-place of Taunton. On .the 22nd there was a report from Taunton that Monmouth was at Bridgwater, with about ten thousand men, " rabble and all." The Deputy Lieutenants had only required each parish to provide one man, horse and arms for the Posse. On the 25th Mr. Northmore complains of the great neglect of the constables. "Many parishes made no appear- ance, but their constables returned there was not a sub- stantial man in their parishes, and swore to it, though every subsidy man is such." His Majesty's forces were following the enemy, who was reported to have been the previous day at Shepton Mallet. " This day I took the examina- tion of one William Smith, a master of a ship of Topsham, on his oath before , the Deputy Lieutenants, wherein he swore that he discovered yesterday, about four leagues off from the shore, between Dartmouth and Berry Point, eight 234 Quarter Sessions under James II. or nine ships without flags, and that a pilot which he got there, and the fishermen there, did suppose them to be French men-of-war. This is sent to my Lord Sunderland, and another copy to the Duke of Albemarle. / should ■writeyou more fully, but perceive by others that you are pleased to expose ■)ny letters to publique view." He adds in a postscript, " We had this day an account that Argyle is taken, which is confirmed this post, which occa- sions much rejoicing here, and it's hoped we shall shortly hear of the like success on our domestic and intestine Enemies." The Scots were still considered foreigners. Inclosed in this letter is a copy of an order forwarded by Sunderland, the Secretary of State, to the Duke of Albe- marle. "James R. " Right trusty and right entirely beloved cousin and councillor, we greet you well. Our will and pleasure is, and we do hereby authorize and direct you to give order forthwith for seizing and apprehending all disaffected and suspicious persons, and particularly non-conformist minis- ters, and such persons as have served against our Royal father or late Royal Brother of blessed memory, and for sending them in safe custody to our Royal Citadel of Ply- mouth, to be secured there till further order. And for so doing this shall be your warrant. " Given at our Court at Whitehall, the 20th day of June, 1685, in the first year of our Reign. " By his Majesty's Command. • " Sunderland. " Our will and pleasure also is that you give order for Quarter Sessions under J antes II. 235 the seizing all the horses belonging to any persons which shall be so seized." On July 2 the Duke of Albemarle had set out again towards Taunton with the whole army except two com- panies. The only news was that the enemy had been defeated in another skirmish, and was said to be coming back to Taunton. The Posse men were ordered to convey the disaffected persons from Exeter to Plymouth. On the 4th my Lord Churchill and my Lord Feversham, with the King's forces, were said to be in pursuit of the enemy's army. There was a report that some of the enemy's scouts had reached Tiverton and Cullompton. It was conjectured that the design of the rebels might be to march off to some of the northern ports of Devonshire. " I question not but you have already sett good and strict watches att all the ports and creakes in your parts, as Appledore, Barnstaple, Biddeford, Combe Martyn, Ilfra- combe, Clovelly, and other adjacent places, to view, search, and take an account of all ships and vessels that shall come in and go out at those places." The battle of Sedgemoor was fought and ended before sunrise on July 6, and the news did not take long to reach Exeter. On July 8, by order of the Duke of Albemarle, the Sheriff was advised " to send out scouts in your northern partes, to apprehend such as are scattered there. Some were examined here yesterday, who confess that about two hundred of them went towards Ilfracombe and dispersed, some one way some another, neere that place, and one of the witnesses saith hee, with Ferguson and about thirty others, went off in a boate at sea at Ilfracombe, but were driven back, seeing the King's shipping making toward them." 236 Quarter Sessions under James II. Whether "hee" meant Monmouth or the witness appears doubtful. Another part of the same letter says that the Duke of Albemarle had received information that the late Duke of Monmouth (as he was called in consequence of his attainder), and Lord Gray, had been taken by a troop of Sir William Portman's near Blandford, " the Rebel's Army being defeated and quite broken abroad in the fight at King's Sedgmoor on Sunday night last, when about 2000 of the Rebels were killed and taken prisoners, whereof my lord of Bath shewed me an account by letter." He men- tions that " the Posse men " were coming in in swarms, and he was sending out expresses to stop them, but they were to be ready at an hour's warning " if occasion." The militia of the county were also discharged, except the Duke of Albemarle's own regiment. A Council of War was to sit next morning on some of the prisoners. During the next month the Justices were fully employed in committing prisoners for trial. On the loth of August Mr. Northmore writes about the preparations for the Assizes. No day had yet been fixed. The Judges were to leave London on the 24th, and sit at Winchester on the 25th. .It was expected that they would have to try about 1000 prisoners before coming to Exeter. It was thought that they would sit at three places in Somerset. " We shall be at great trouble and charge in removing of prisoners hence to Somerset and Dorset, in order to their trials where they entered into the Army. It's thought the greatest part of the prisoners will be removed. We have been troubled with new warrants every day for summoning a guard to secure the prisoners ever since the Duke went hence. ... Sir Arthur Northcote giveth you his service ; he is now with me, and would have sent his coach, if occasion, and company." Quarter Sessions under j^ames II. 237 On the 17th of August he writes again about the Assizes, He had had to go to Axminster to wait on one Mr. Loder, but he only received information that the Judges would be at Dorchester on the 3rd of September. It was thought that most of the Devonshire prisoners would be removed to Dorset and Somerset for trial. " He told us that the Judges would expect very good juries, and that gentlemen of the best quality might serve on the petty jury under the degree of Justices of the Peace." It was expected that the Judges would be in Exeter the week after the beginning of the Assizes in Dorset. " The expense of removing the prisoners will first lie on you. Some allowance will be given for the same on making up your account, which will be twelve months hence." The only news was that some writs of Habeas Corpus were being issued for the prisoners, and that " my lord Keeper was relapsed," which affected Jeffreys' hopes of promo- tion. On the 26th' of August the day for the Assizes was not yet certainly known. The difficulty and expense of remov- ing prisoners was still pressing. " I will be as good husband for you as I can, and will endeavour to put in on the Counyt, but doubt that I shall not prevail, having never known the County to bear any of the charge for removing the prisoners, but the sheriff hath always done it." He was out of cash, and anxious for a remittance. " I shall render you a fair account of the profits of the office, and I wish it would tend more to your profit than it is like to do. I am well assured that what I wrote you formerly will prove too true. It hath been a year of more than treble the ordinary expense, charge, and trouble, and not half the profit of what hath usually been in a sherifTs year." The news was that " Newheasell " (Neuhausel) was taken, that the Imperialists 238 Quarter Sessions under James II. had killed six thousand of the Janizaries, and that the remainder of the Turks' army was routed. The difference between those times and ours was not so marked in foreign as in domestic intelligence. Mr. Coffin no doubt came to Exeter for the Assizes, and the correspondence ceases for a month. We then have some evidence of the results of the Bloody Assizes. On the 1st of October Mr. Northmore writes : " I riddto Wells purposely to save you what I could of the extraordi- nary charge of whippinge and executinge the prisoners, wherein I gott some mitigation. However, the charge will bee very greate. The quarters of the rebells are to bee sent to the severall townes hereunder written. It hath been and will be a very chargeable and expensive year to you. . . . The Under-Sheriff is this day gonne to Coliton to execute those two prisoners that were to bee executed there, and on Saturday a Crediton man is to bee executed there ; it had been done formerly, had wee knowne how to dispose of his quarters, and there was noe day assigned in the kallender or in the warrant for his execution. All the other executions will be done with all speed. I hope you will consider the great trouble and charge of it ; brick can- not bee made without straw ; paines and care shall not bee wantinge on my part, but the charge and expense you are to disburse. . . . Places where quarters and heads of rebells are to bee sent are Honiton, Axeminster, Coliton, Ottery, Crediton, Biddeford, Barnestaple, Torrington, Tiverton, Plymouth, Dartmouth, and Tottnes." On the 1 2th of October he writes : " I was driven to ride to Wells, and there to tarry all the Assizes, for a mitigation of the whipping, and about disposeing of the quarters of Quarter Sessions under James II. 239 the rebells. I acquainted my Lord (then Cheife Justice, now Lord Chancellor) that wee have many markett townes in our county, soe by Charter, that scarce retaine at this day the name of marketts, in some of which not many, in others not any, did resort to buy and sell, but as in other little villages where no markets ever were. To which my Lord answeared that the whipping should be onely in the greater and more generall marketts, &c. . . . On Saturday next, at Axminster, is the last execution to bee done, and one more then at Honyton, unles reprieved, endeavours being makeing per expresse, who is not yet retorned." The one intended to be executed at Honiton may have been Edmond Prideaux, from whom Jeffreys extorted a bribe of 15,000/. The seat of the Prideaux family, Ne- therton Hall, is within a few miles of Honiton. It seems probable that Edmond Prideaux was a cousin of Mrs. Coffin. Her father and one of her brothers bore the same name. Another brother was the celebrated Humphrey Prideaux, Dean of Norwich. " Three were executed at Honyton Saturday last. Quarters are already sett up at Colliton, Honyton, Ottery, Crediton ; others are brought hither to bee sent as above. The quarters are already boyled and tarred ; warrants are to bee sent to the mayors to sett them up. I saved you considerably by my journey to Wells, and endeavour to save you what expences I can ; however, it is exceedinge chargeable and troublesome. Another suck yeere's trouble ■will I not undertake for 500 li. ... " There were about 400 condemned at Taunton ; and 700 at Wells. It's thought about 100 are and wilbee executed ; the rest transported, unles perhaps a few may be pardoned. You fared better than the Sheriffe there." 240 Quarter Sessions under yames II. Which last reflection was no doubt extremely true, as the Sheriff of Somerset had to execute at least two hundred and thirty-three of the rebels. The story of the Bloody Assizes has been told often enough, nor is it pleasant to dwell on the time when an English Chief Justice was more cruel than a leader of Hindoo mutineers, and an English colonel more brutal than an officer of Bashi Bazouks. It is probable that not more than twenty-six persons were executed in Devonshire, though the number has often been estimated as high as eighty. After this business we are riot surprised to find Mr. Northmore informing his principal that " it hath pleased God to visitt mee with a lurkeing fever." But people's nerves were stronger in those days, and it does not appear to have been caused by his work, as it had broken out " in diverse families in this parrish," and some who had " adventured abroad " too soon after it had lost their lives. We may, perhaps, suspect that an outbreak of typhus was caused by the mangled bodies of rebels, which remained suspended in some places even till the Revolution. The remainder of the correspondence relates chiefly to the business of passing the Sheriff's accounts, which was not completed till the end of the following year. To return to the County Records. At the Michaelmas Sessions there was again a long list of prisoners in the gaol, many no doubt sentenced to be transported to the West Indies. The Justices ordered certain persons to be whipped and pilloried for seditious words. They granted Mr. Thomas Carew, " chirurgeon," the liberal remuneration of four pounds for receiving into Quarter Sessions under James II. 241 his house a maimed soldier, curing him, and keeping him several months, by direction of the Duke of Albemarle. At this time the Bishop of Exeter (Lamplugh) issued an order that the resolutions of the Justices in Quarter Sessions " against Sectaries, Phanatics," &c., should be published in all churches. The bishop's letter begins : " We think it our duty, after such an execrable Rebellion as we have lately had." The same prelate is said to have been the first, three years afterwards, to carry to King James the news of the landing of William of Orange. He obtained the Arch- bishopric of York as the reward of his loyalty. At Epiphany, a sergeant in the troop of the Hon. Lord Cornbury, bearing the appropriate name of Symon Fferrett, was allowed a gratuity of twenty shillings for apprehending one Mr. Richard Evans, a Nonconformist minister, " a dan- gerous Rebble engaged in ye late rebellion." Macaulay describes the dissenting preachers who had joined Mon- mouth, and some of whom had probably fought in the great Civil War, as praying and preaching in red coats and huge jack-boots, with swords by their sides. Mr. Evans was tried before Jeffreys, and executed at Honiton. Thomas Major, a soldier under the command of Captain (or General T) Churchill, was presented with three pounds for apprehending Mr. Vincent, another Nonconformist minister. And Mr. Robert Wolcombe, another minister, " formerlybeneficed at Moreton Hampstead,"was committed for residing there, contrary to the Statute. The Justices were much disturbed by seditious libels. It does not seem to have occurred to them that by burning such productions they were destroying the principal evidence against the culprits. Here is an order on this subject. " Whereas by several former orders of this Court his R 242 Quarter Sessions under James II. Majesty's subjects have been by promised rewards encou- raged to detect and discover any person whatsoever that should raise, publish, or declare any seditious, factious, or scurrilous reports or libels against our gracious King or his Government or persons in authority under him. And forasmuch as one or more persons as yet unknown hath or have this present week by the Common Post sent unto Sir Boucher Wray a wicked, factious, scurrilous, and seditious printed paper sealed up and directed unto him. And for- asmuch as the said Sir Boucher Wray did forthwith shew and communicate the said printed paper unto the Right Hon. John Earl of Bath, Lord Lieutenant of this County now present at this present Sessions, which his Lordship hath been pleased to communicate to the rest of the Justices of the Peace of this County, now in Sessions assembled. His Lordship with the rest of the Justices do order and command that the High Sheriff of this County of Devon do cause the common hangman of this County on Saturday, in this present Sessions week, to cause the said scurrilous printed paper to be burnt openly in the Castle of Exofi. And this Court doth promise and order that in case any person or persons shall find out and discover the author, printer, or sender of the said printed paper, that such person or' persons first finding out and discovering such author, printer, or sender of the said Libel, shall receive as a reward from this Court the sum of Twenty Pounds." Nor were seditious words considered of less importance than writings. At the Midsummer Sessions of 1686, the jurors for our Lord the King on their oath presented that Nathaniel Harvey, of Membury, on April 1 3, " machinans et malitiose admodum intendens etiam serenissimum Regem nostrum Jacobum Secundum in contemptum et odium Quarter Sessions under y antes II. 243 inferre, ac etiam regiam suam auctoritatem hujus regni Anglife in disceptationem et dubium inferre, ac Ligeos suos a debita sua Ligeantia versus eundem Regem nostrum substrahere," &c. when talking with William Mayo, clerk, and others about the King, and being asked whether he would take the oath of allegiance, answered "in his seditiosis, opprobriosis, et contemptuosis verbis, viz. Yes, if I did know the lawful heir ; how do you know him (serenissimum Dominum regem Jacobum Secundum nunc Regem Anglise innuendo) to be the lawful heir?" They also presented that John Butcher, of Combe Raleigh, worsted comber, having the same intentions as aforesaid towards the King, &c., when talking with one Katherine Sydenham concerning the King and his merciful proclama- tion of a general pardon, and concerning "horrenda ilia rebellione et bello," lately levied against the King by James, Duke of Monmouth, and other " Inimicos nefandos domini Regis," then and there with a loud voice, " dixit, propalavit et asseruit haic falsa, seditiosa, opprobriosa, et malevola Anglicana verba sequentia, viz. / know of noe Rebellion there hath beene in the case ; — a Gratious King ! I know not where I have any King or noe, for I have not seene him this tenne days (praefatum proditorem Jacobum nuper Ducem de Monmouth innuendo.)" And so on usque ad nauseam. The state of the prisons had not improved. The poor prisoners in the Sheriff's ward in the parish of St. Thomas addressed a humble petition to the Right Worshipful John Beare, Esq., and the other Justices, declaring that they were " brought in a very low and sad condition," for it had " pleased the Lord to send his visitation among us, and for want of attendance we shall undoubtedly perish." Doctor Waterhouse and his apothecary had " taken a view," and R 2 244 Quarter Sessions under James II. said, "the decease is very dangerous." One prisoner was lying dead, and several "upon their Languishing Beds." Their keeper had been very free and liberal, and several gentlemen-prisoners besides, " to discharge and pay Doctor Waterhouse." And so they prayed the Court to " com- miserate us poor prisoners' condition, that wee may not perish for want." At Michaelmas, 1686, we have a glimpse of the practice of levying black-mail upon jurymen. The Court declared that it was " notoriously evident " that a great number of freeholders and others had for several years been much burdened and oppressed, and annual contributions had been exacted from them by the " subtill and uniust practices " of bailiffs of hundreds and liberties, upon pretence of exempt- ing them from serving on juries of the General Sessions and elsewhere. And notwithstanding that the Court had inflicted exemplary punishment upon such bailiffs as had been prosecuted for such offences, " yet they are noe way reformed, and such extortive practices noe way forborne." The Court observed that the practice of the sheriffs had been to grant warrants to the bailiffs to summon four-and twenty substantial freeholders, without specifying their names, "but leaving the same to the election of the said Bayliffes whome to warne," so that the bailiffs had not only, through " ignorance and want of due apprehention," often warned people who were not freeholders, but had often taken occasion, by means of such warrants, to warn a far greater number, " and upon pretence of favour, had had and taken severall sumes of money," so that many persons were kept " under constant composicons and con- tribucons towards such Bayliffes, to their manifest oppres- sion of such freeholders and owners of estates." The remedy, of course, was that the Sheriff should in future Quarter Sessions under yames II. 245 insert in his warrant, "the name, sirname, and place of habitacon " of every person to be summoned to serve on any grand or petty jury. The practice, however, seems to have been " noe way forborne," as a similar order was issued in the reign of William III., and there are occasional rumours of such a system having survived even in the reign of Queen Victoria. The authorities of the miniature borough of Bradninch stood up for their separate rights of local government, and obstructed the administration of justice, even as such petty jurisdictions have sometimes done within our own remem- brance. It was declared to be " notoriously evident " that certain persons indicted for " trespasses, contempts, and misdemeanours," were residing and sojourning within the vill and parish of Bradninch. The Sheriff and his officers endeavoured to apprehend the persons so indicted ; but " instead of being assisted therein by the officers of the said Burrough, they, by the encouragement of the Maior of the said Burrough, and other judiciall officers, did oppose the execution of such writts and processe, and the said Maior declared noe warrants should bee executed in his Burrough which came not from himselfe or other magistrates there, and soe, insteed of promoting and assisting in the execucon of such writts and processe, imprisoned the ministeriall officer who brought the same, and suffered the offenders to escape." It was also manifestly proved "that the said Burroug of Brad- ninch is a place of refuge for criminallsto defend -them from the reach of Justice, in contempt of the laws and statutes of this Kingdom," &c. The Court, therefore, determined to apply to the Court of King's Bench for a writ of quo warranto against the Mayor and Town Clerk of the borough of Bradninch. The Court was troubled by the misconduct of certain 246 Quarter Sessions under James II. masters and employers of wool-combers and spinsters, who cheated their work-people by false weights, so as to make them comb and spin eighteen or twenty ounces of wool, while they only paid them for doing one pound. In November, 1688, William of Orange was in Exeter, but, a;; no Sessions were held at that time, we are left to learn from other sources how the gentlemen of Devon assembled together on that occasion, and^ under the guidance of Sir Edward Seymour, entered into their memorable association " for the defence of the Protestant religion, and for the maintaining of the ancient Government, and the Laws and Liberties of England, Scotland, and Ireland." They en- gaged " to Almighty God, to his Highness the Prince of Orange, and to one another, to stick firm in this cause in the defence of it, and never to depart from it, until our Religion, Laws, and Liberties, are so far secured to us in a Free Parliament, that we shall be no more in danger of falling under Popery and Slavery." At the Epiphany Sessions of 1688-9 we may imagine that the Justices were somewhat puzzled. The King had fled on December 22, but the Clerk of the Peace neverthe- less entered his name in the usual heading "y3««<7 regni Regis Jacobi Secundi nunc Anglice, &c., iiii°." The Justices did as little as possible, and adjourned to February 6. At that meeting they did still less. The clerk omitted the King's name altogether, and the Court adjourned to February 27, when a new era began : "Anno regni Regis et Regince Will' et Maria nunc Anglice, &c., prima, Annoque Domini 1688." When we turn to the records of the county of Bucks, we find, as might have been expected, very slight allusions to Quarter Sessions under y antes II. 247 the rebellion of Monmouth, although that movement pro- bably commanded the sympathies of so Protestant a county. The Clerk of the Peace disbursed 30/. for " distributing the King's commands in relation to the late rebellion ;" and David Stanley was committed to prison for asking "fhomas Kent whether he would drink the Duke of Monmouth's health, and for declaring that " he had a son that lived with the Duke of Monmouth a long while, and that he believed him to be with the Duke at present." A relic of the feudal system may be recognized in an order of Easter, 1688, which recites that "there hath beene, and still are, accustomed Homage Fees due to his Majestie's Ancestors' Servants, and his Majestie's that now are upon his passeing or journeying through any of his Maj'"'"' Coun- tyes, corporations-, or into any cathedrall or collegiate church within his said Maj""'" kingdonies of England upon the ffirst tyme next after his Maj""'' accession to the Crowne." These fees in Bucks amounted to 36/. 6j., for which the Sheriff had been sued in the Court of Exchequer "by English Bill." The Justices were satisfied that the Sheriff was not personally liable, and ordered the amount to be paid by the " Receivers Generall " of the county. Mr. Richard Brugis, of Edlesborough, who had been a commissioned officer in the civil war, and had been " highly eminent both for his loyalty and sufferings," and was greatly impoverished, "having, as he affirms, lost a considerable estate of the value of Five Thousand Pounds and upwards," was rewarded by having his pension increased from 8/. to 10/. per annum. At the same time the Court was informed " that the daily concourse and great increase of Rogues, Vagabonds, and Sturdy Beggars is a great Grievance and Annoyance to the 248 Quarter Sessions under James II. inhabitants of this County," and that they " are now growne soe insolent and presumptious that they have oft, by Threats and Menaces, extorted Money and Victualls from those who live in houses remote from neighbours, whilst theire Husbands and Servants have beene employed abroade in the Management of their Lawful Vocacons, and have put the people into a Generall Consternation or feare that they will iire theire houses or steale theire Goods." The Court therefore issued most elaborate and stringent orders for keeping watch and ward, and examining and securing all strangers or suspected persons. All rogues and wandering idle persons were to be " stripped naked from the Midle upwards, and openly whipped till theire bodyes shalbe bloody." They were then to be forwarded to their parishes with a " Passe or Testimonial! " certifying that they had been so whipped, and requiring the constables of the places through which they had to pass to give them neces- sary relief on their passage, the time of their journey being strictly limited. And the minister of the parish was required to register " every such Testimoniall." There were also strict orders against harbouring any rogue or sturdy beggar, and any person arresting such a character was to receive a reward of two shillings. The vicinity of the antique towers of Eton does not seem to have caused the Latin of Aylesbury to be more classical than that of Exeter. Three men were indicted " pro piscacone in certo rivulo cum quodam Rete vocat. a Shovenett" Nine men were indicted " pro piscacone in certo rivulo' cum diversis Retibus et al. Engin. ad capiehd. pisces." A farmer who neglected to do his share of work in mend- ing the highways was indicted " pro non laboracone erga Quarter Sessions under James II. 249 emendaconem altarum viarum Regiarum in Aylesbury pro spa. 6 dierum cum carrucis." One wBo kept a disorderly beershop was accused " pro manutencon. dom. malegubernat. tipulator." The offence of rabbiting was translated into " Riott. et transgressione in fracone Warrenejohannis Stiles et capcone et asportacone cuniculorum." A " torment " was probably a gun, though it was more generally called a bombarda. Four men were indicted " pro habente et custodiente Tormentarum ret. et canibus contra formam Statuti." At the Easter Sessions, 1688, the rates of wages allowed by the Justices of Bucks were entered in the records. A" Cheife Bayliffe or Hynein Husbandry " was allowed to receive 61. a year"in the Chilterne," and 5/. \os. "in the Yale." Every other man-servant in husbandry, if above twenty years of age, 4/. ioj. in the Chiltern, and 4/. in the Vale. If under twenty and above sixteen, 3/. in the Chiltern, and 2/. loj. in the Vale. Boys between twelve and sixteen might receive il. 13^. 4^?. and i/. respectively. " Cooke mayds and Dary mayds " were to have 2/. io.f. a year. Other maid-servants not more than 2/. "Mowers or reapers of corne or grasse" might receive ij. 2d. by the day without meat or drink, or 6d. with meat and drink. Mowers of grass by the acre were paid \s. 2d. Men haymakers had \od. a day without meat or drink, or t^d. with meat and drink. Women haymakers, 6d. or id. ■ Mowers of barley, peas, beans, or oats had \s. 4d., or 8d. Labourers at other times might be paid 8d. or 4d. from Lady Day to Michaelmas, and ^d. or ^d. from Michaelmas to Lady Day. 250 Quarter Sessions under James II. " Free Masons " might receive is. 8d. a day without meat and drink. "Rough Masons, carpenters, plough-rights {sic), brick- layers, //ayj^^yj, and tylers" were to have is. 2d. from Lady Day to Michaelmas, and \s. from Michaelmas to Lady Day. If supplied with meat and drink they were to have %d. all the year round. Gardeners and thatchers were paid at the same rate ; but a tailor got only 6d. a day with meat and drink, or lod. without ; and a " spinner " had only ^. without meat and drink. These rates appear to have remained without material alteration until the reign of George I. 251 QUARTER SESSIONS UNDER WILLIAM AND MARY. In a former paper a parallel was suggested between the records of Quarter Sessions and the records of geology — between the entries characteristic of particular reigns, and the fossils characteristic of the epochs of the geologist. The Revolution of 1688 may well be compared to that great break or change which has been traced, in the opinion of some scientific men, between the Mesozoic and Caino- zoic periods. The reign of William the Third is the Eocene formation, the dawn of the new ideas, or rather of the new practice, which has gone on peaceably developing itself, without any considerable break, from that time to the present day. The hearth-tax, as I observed before, disappears alto- gether in the first year of William and Mary. The legal toleration of Protestant Nonconformists comes upon the scene for the first time, and gives occasion to the entries which are peculiarly characteristic of the new reign. As early as Midsummer, 1689, we find a memorandum " that at this present Generall Sessions it was certified .unto this Courte that the house called the Chappie, in the towne of Honiton, the house of William Yeo, called Rydon, scituate in the parish of Wollborough," and thirteen other houses in various parts of the county, were " severally used 252 Quarter Sessions under William and Mary. for places of Religious Worshipp, according to a late act of this present Parliament, intituled an Act for exempting their Majesties' protestant subjects dissenting from the Church of England from the penalty of certain Laws." At Michaelmas eight more houses were certified as places of religious worship. From this time such entries became very common. At Epiphany, 1690, "the house of John Bowering, in the Towne of Chulmeley," and twenty others in various places, were certified in the same manner. " John Bowering " was an ancestor of the late Sir John Bowring. The duties of the Justices in this matter were merely ministerial, and must have been very distasteful to those gentlemen who had spent many of their best years in hunting down the " Conventiclers," and who now found it declared by Parliament that "some ease to scrupulous consciences in the exercise of religion may be an effectual means to unite their Majesties' protestant subjects in interest and affection." The Clerk of the Peace was com- pelled to register the names of such persons as took the required oaths on payment of a fee of sixpence " and no more." In 1692, Mr. Stephen Moleines, a French Protestant minister at Stonehouse, is recorded to have taken the oaths nlentioned in the late Act for abrogating the oath of allegiance, &c. The Act of Toleration was not a very liberal measure, according to our ideas, but it was in fact the introduction of an enormous change in the policy of the Government of England. Though it was expressly provided by it that nothing contained in it should give any ease, benefit, or advantage, to any Papist or Popish recusant whatsoever, or Quarter Sessions under William and Mary. 253 any person that should deny in preaching or writing the doctrine of the Trinity, we find little or nothing from this time forward about the prosecution of any person in Devonshire for his religious opinions or observances. Per- haps the authorities thought it unfair to attack one class of Nonconformists and to tolerate others, and it is not im- probable that many of the Justices may have liked a Papist better than a Protestant dissenter. The entries respecting maimed soldiers become rather more frequent during the wars of William the Third. But the pensions rarely exceeded 40^., and sometimes a gratuity of only 20J. was given. " My uncle Toby " would have fared badly if he had been dependent on the Justices of Devon. At Epiphany, 1695-6, Mr. William Martyn, of Heavitree, was appointed Clerk of the Peace, in succession to Mr. Hugh Vaughan. His appointment by the Earl of Bath, Lord-Lieutenant and Custos Rotulorum, was read in open Court, and he took the following oath in pursuance of a recent Act of Parliament : — " I do swear that I have not nor will pay any sum or " sums of money or other reward whatsoever, nor given " any bond or other assurance to pay any money, fee, or " profit, directly or indirectly, to any person or persons " whomsoever, for such nomination or appointment." Neither the old nor the new Clerk of the Peace made many entries in his books during this reign, except the necessary routine business concerning constables, settle- ments, rates, apprentices, affiliation cases, bridges, high- ways, and the like. In those dangerous times of foreign war and domestic disaffection, it was the custom in some counties for the Justices in Quarter Sessions to pass loyal addresses of condolence or congratulation on the state of 254 Quarter Sessions under William and Mary. public affairs. No such resolutions appear in the records of Devon, nor is it likely that any such were passed, There can be little doubt that the country gentlemen of the West were for the most part staunch Tories. The objects of their veneration were the Church and the Monarchy. A foolish King had insisted on compelling them to choose between their Church and him, and they had preferred the former. The Earl of Bath, who had been sent by James to iniluence the West, reported that all the Justices and Deputy-Lieutenants of Devon and Corn- wall, without a single dissenting voice, declared that they would put life and property in jeopardy for the King, but that the Protestant religion was dearer to them than either life or property. "And, sir, if your Majesty should dismiss all these gentlemen, their successors will give exactly the same answer." Under the pressure of James's tyranny, and under the guidance of their oracle, Sir Edward Seymour, they had slowly and reluctantly joined in welcoming William of Orange. In 1690, after the disaster off Beachy Head, when they saw a French fleet riding in Torbay, and their homes were in immediate danger of foreign invasion, they had stood bravely forward in support of the new Govern- ment, even as their ancestors, a hundred years before, had supported Elizabeth against the Spanish Armada. As in those days, the beacons were kindled throughout the shire from Dartmoor to the Black Downs. "Early the next morning, without chief, without summons, five hundred gentlemen and yeomen, armed and mounted, had assem- bled on the summit of Haldon Hill. In twenty-four hours all Devonshire was up. Every road in the county, from sea to sea, was covered by multitudes of fighting men, all Quarter Sessions under William and Mary. 255 with their faces set towards Torbay. The lords of a hun- dred manors, proud of their long pedigrees and old coats of arms, took the field at the head of their tenantry — Drakes, Prideauxes, and Rolles, Fowell of Fowelscombe and Fulford of Fulford, Sir Bourchier Wrey of Tawstock Park and Sir William Courtenay of Powderham Castle." Narcissus Luttrell mentions in his diary that he heard from Exeter that the militia and posse of the county amounted to at least 40,000 horse and foot, "very resolute, hearty, and unanimous to oppose the French." But when the immediate danger was passed, and the country became comparatively safe and prosperous, the majority of the gentlemen of Devon, like the ancient Israelites, murmured against their deliverer, and, still under the guidance of Seymour, relapsed into opposition, if not into active Jacobitism. Far different is the tone of the records of the county of Bucks. That fair shire had long been famous as the stronghold of the Roundheads, and afterwards of the Whigs, and was raised to glory by the Revolution of 1688. Nearly fifty years before, Bucks had returned to the Long Parliament the most popular politician in England. Pie had been attacked by the Stuart King, and four thousand yeomen of his county had ridden up to Westminster to de- fend him. Under the later Stuarts, the sons of Hampden's constituents had returned the statesman who carried up the Exclusion Bill to the House of Lords, and all the efforts of James, and Jeffreys, and the servile sheriff whom they had nominated, had been exerted in vain to oppose him. The county was still under the influence of the families of Hampden and Russell, and Algernon Sidney 256 Quarter Sessions under William and Mary. had been member for Amersham. The Fleetwoods, Ingoldsbys, and Maynes, were among the old Buckingham- shire families, and several of the Cromwells had resided within its boundaries. At Dinton, too, was still living that mysterious hermit, of whom ran the tradition that his was the hand that had struck off the ' anointed head from the royal shoulders. More important than all, at this time, was the influence exerted over the county by the house of Wharton. Philip, Lord Wharton, was a Covenanter after the most straitest sect of that religion. He had commanded a regiment against Charles I. at Edgehill. Under Charles II. he had been known as a distributor of Calvinistic tracts, and a patron of Calvinistic divines. He founded a charity which still furnishes Bibles to the poor of the parishes with which he was connected. His son Thomas inherited his father's politics, though he renounced his father's religion. He was the most dissolute man of the most dissolute age of England. But he was the fiercest and most determined leader of the whole Whig party. He was the greatest electioneerer that had ever existed. In the course of a long life, it is said, he expended on Parliamentary contests about eighty thousand pounds, a sum equivalent to more than three hundred thousand pounds in our time. He was so popular in Bucks that "his journeys to the Quarter Sessions resembled royal progresses. The bells of every parish through which he passed were rung, and flowers were strewed along the road." Besides his other successes, he boasted that, as the author of LillibuUero, he sang a King out of three kingdoms. In the old register of the parish of Amersham may still be read the opinion of the Reverend Benjamin Robertshaw, Qttarler Sessions under William and Mary. 257 rector in the early part of the eighteenth century, on some of his neighbours. He noticed that, during the Pro- tectorate, Paul Ford had been elected registrar, and sworn in by Francis , Russell, justice of the peace, To this the rector appended the following note : — " This Francis Russell lived at Chalfont St. Giles, on the " confines of this parish, — he was one of Oliver's justices, " and a fit man for ye times. I knew his son, a kind of " Non-con., who came to poverty and sold ye farm. General " Fleetwood lived at ye Vache, and Russell on ye opposite " hill, and Mrs. Cromwell, Oliver's wife, and her daughters, " at Woodrow High House, where afterwards lived Captain " James Thomson ; so ye whole country was kept in awe " and became exceedingly zealous and very fanatical, nor " is ye poison yet eradicated. But ye Whartons are gone and "ye Hampdens agoing!' He might have added that Frances, the youngest daughter of the Protector, was married to Sir John Russell. A splendid collection of family portraits and other relics of the Cromwells is still preserved in the beautiful mansion of Chequers. It cannot, then, be a matter of surprise if we find among the records of Bucks some traces of the great political changes introduced by the Revolution of 1688. Even the formal entries are made at much greater length than those of Devonshire, as if the writer delighted to expatiate on the effects of the new settlement. The county had suffered, not only under James as King, but also under Jeffreys as his Lord Lieutenant. At the Midsummer Sessions of 1689 we find long lists of persons who took the oaths and brought in the certificates required by the acts "for removing and preventing all s 258 Qtiarter Sessions under William and Mary. Questions and Disputes concerning the Assembling and Sitting of this Parliament," " for abrogating the Oaths of Supremacy and Allegiance, and appointing other oaths, &c.," for " preventing Papists from sitting in Parliament," and for " exempting their Majesties' Protestant subjects dissenting from the Church of England from the Penalty of certain Laws." These lists seem to comprise all the justices, all the clergy, and all the nonconformist ministers in the county, besides many other individuals. The sheriff at this time was William Fleetwood, a descendant of the Parliamentary general, whose seat was in the pari.sh of Chalfont St. Giles. An immense number of dwelling-houses were at the same time " certified to be public meeting-houses for Reli- gious Worship." At Michaelmas a number of meeting-houses were certified for religious worship " for the People called Quakers." Entries of this kind are very frequent in the following Sessions. But no toleration was extended to " Popish Recusants," who continued to be presented, though not in very large numbers. Some of them were gentlemen of position in the county, such as Sir Robert Throckmorton, Sir Edward Longueville, John Webbe, and Charles Dormer, esquires, of Great Missenden. The two latter were formally convicted, but the sentence is not recorded, and in the next year a warrant was received from the Attorney- General, directing the Clerk of the Peace to enter a cesset processus upon their conviction. At Michaelmas, 1691, however, twelve " Popish Recu- sants" were fined 40/. each, and two others 20/. each. And at the following Sessions sixteen persons were fined 20/. each for the same offence. Quarter Sessions under William and Mary. 259 I do not find that any " person of quality " applied to have his dwelling certified for religious worship, except Philip Lord Wharton, who registered his " Mancon House at Woburn." We have mentioned him before as an old Covenanter. Wooburn, the famous seat of the Whartons, is now the property of Mr. Gilbey. The Court was informed that certain persons, under pre- tence of being Dissenting Preachers, " had presumed to disturb and inveigh against the Church of England,'^ and had " kept night assemblies, and imposed oaths upon per- sons that they had received into their Church or Com- munion to oblige them not to depart from their principles," especially in the parish of Olney. At Michaelmas, 1690, an additional sum was voted for the militia, as they had been called out for more tha;n a month for " the most necessary defence of this Realm " during " the late Invasion of the French." This of course referred to the landing at Teignmouth. Great complaints were made of the oppression practised by the gauger^ and "under officers of Excise." The jus- tices caused proceedings to be taken against them before the Courts in London, and on a subsequent occasion we find a vote of thanks passed to the Right Hon. Richard Hampden, Chancellor of the Exchequer, and to the Right Hon. Thomas Wharton, Comptroller of the Hotisehold, for their great care in "preventing the oppression of their Majesties' Subjects in this county." The rates for the carriage of goods by land were settled by the justices as well as the rates of wages. No carrier or waggoner was allowed to charge more than seven pence " for every five score and twelve pounds weight of goods for every ten miles within the Chiltern parts of this County," S 2 26o Quarter Sessions under William and Mary, and ten pence within the Vale. From September till May, however, they might charge twelve pence for the same service. At Epiphany, 1693, " divers poor distressed prisoners in the gaol presented a petition to the Court," showing " that by reason of the dearness of corn the County allowance of three halfpence per diem for bread is become so small that it will not keep them alive," and praying that the Court would save them from perishing by famine. The allowance was thereupon increased to three pence a day. In 1695 it was reduced to two pence, but it was soon found necessary to raise it again to three pence. A new Act seems to have come into operation in 1695, " for the more effectuall suppressing prophane curseing and swearing." The convictions of swearers were registered in a separate list, stating the number of oaths. The fine for each oath was 2j., and 4^. if the party had been previously convicted. A certain carrier was convicted of swearing " Twenty several Oaths." The vernacular language was now gaining ground upon the law Latin, but not without a struggle. It seems to have required a great number of words to translate " keeping a skittle alley " into Latin. Peter Horton was indicted " pro illicit^ tenendo custodiendo et manutenendo certum locum Jaciendi Globos ad ludum, necnon custodiendo malam regulara in Domo sui cpntra formam Statuti." Stealing horses' hair was " felonic^ furando secando capiendo et asportando Jubas et Caudas equorum." Refusing to join in a hue and cry was " negligendo el recusando portare Hutesam et Clamorem." Keeping disorderly alehouses was " Custodiendo quas- Quarter Sessions under William and Mary. 261 dam popinas perturbatas, et permittendo otiosas et disso- lutas personas existere et remanere in eisdem, et vendendo et utterando cervisiam et potus tipulat. absque Licenc. Justic." • Edward Cannock, yeoman, could hardly have used worse language than that in which he was indicted. He was declared to be a " communis Barrectator, pacis Perturbator, necnon communis Objurgator, Pugnator, Calumniator, et Litium et Discordiarum Seminator." Richard Masson was committed "quod oneravit et accusavit Johannem Tanner gen. crimine Abbettaconis Invitaconis et Instigaconis ad Murdrandum et Mahemian- dum Timotheum Child ubi revera idem Johannes nunquam Abbettavit Invitavit et Instigavit." A petty constable was fined 13J. ^d. for neglecting and I'efusing to whip a woman "convicted for pulling of Hedges." The Justices had to fix the rates to be allowed for quar- ters and provisions for soldiers marching through the county. For a commissioned officer of horse the allowance was 2J. each night, " for his dyett and small beer, and hay and straw for his horse." For an officer of dragoons the rate was only \s. 6d. For an officer of foot, is., "and 6d. for his horse, if any." For each light horseman and horse, IS., and for each dragoon, gd For each foot soldier, 4^. There were also long and elaborate orders concerning the locks and weirs on the Thames, and fixing the " Rates of Water Carriages upon the said river," under the Act 6 Wm. HI. cap. 16. Great care was taken of the highways in Bucks, and many persons were presented at the Sessions for neglecting their repair. 262 Quarter Sessions under William and Mary. The effects of the Assassination Plot, unnoticed in the records of Devon, are clearly reflected in those of Bucks. At Easter, 1696, an order was made to pay to each of the bailiffs of Hundreds forty shillings for special business, "forasmuch as in the present juncture of Affairs, to obviate the malevolent influence of wicked and Trayterous Con- spirators upon the good Subjects of his most sacred Majesty, it was thought fit to tender an Association to the Gentlemen and Inhabitants of this County." And twenty shillings more were paid to the bailiff of Aylesbury, " for his good service to the Country in searching for Armes suspecfed to have been lodged or gotten into the Custody of disaffected persons for the disturbance of the Govern- ment." The form of the " Association " is entered at the Mid- summer Sessions : — " Whereas there has been a horrid and detestable con- " spiracy formed and carried on by Papists and other wicked "and traitorous persons for Assassinating his Majesty's " Royal Person, in order to encourage an Invasion from " France to subvert our Religion, Laws, and Liberty ; — "We, whose names are hereunto subscribed, do heartily, " sincerely, and solemnly profess, testify, and declare, that " his present Majesty King William is rightful and lawful " King of these Realms ; And we do mutually promise and " engage to stand by and assist each other to the utmost of "our power in the support and defence of his Majesty's " most sacred Person and Government against the Late " King James and all his Adherents. And in case his Majesty "come to any violent or untimely death (which God forbid), " we do hereby further freely and unanimously oblige our- " selves to unite, associate, and stand by each other in " revenging the same upon his Enemies and their Adherents, Quarter Sessions under William and Mary, 263 " and in supporting and defending the Succession of the " Crown according to an Act made in the first year of the " Reign of King William and Queen Mary, entitled an Act " for declaring the Rights and Liberties of the Subject, and " settling the Succession of the Crown." We do not find that the peace of the county was broken on this occasion, though some " cohortes militum " were " quartiatae apud Le King and Queen's Head, et apud Le Sarazen's Head apud Aylesbury," and one or two prisoners were indicted "quia dixit, utteravit, et loquutus fuit ficta scandalosa malitiosa contemptuosa et mendacia verba. Ad damnum prejudicium scandalum defamaconem et con- temptum duorum Justiclorum Willelmi Busby, Ar., et Francisci Ligo, Ar." The presentment of " Popish Recusants " of course received a new impulse. The same names often came up digain and again, and the Court appears to have been satisfied with proclaiming them, without inflicting a fine on each occasion. The conclusion of the Treaty of Ryswick was signalized, as might have been expected, by a most joyful demonstration. At the Epiphany Sessions of 1697-8 the following loyal address was " most cheerfully " signed by the Bench and the Grand Jury. It is evidently prophetic of Macaulay's History : — " Great Sir, " At our first public meeting after your Majesty's happy " return from infinite dangers to which your sacred person " so oft hath been exposed for our sakes as well as for the " common good of Christendom, we lay at your Royal feet "our hearts full of joy for your safety and the blessing of " an honourable peace, which we hope your Majesty may " long enjoy with us, and never more hazard your Royal 264. Quarter Sessions under William and Mary. " Person abroad. When we call to mind how by your wise " conduct we have been rescued from Popery and Arbitrary "power, and protected in our just rights and liberties, These " Resentments (sic) cannot but melt the most ungrateful " of your people to a willing obedience, and render your " Majesty no less a Conqueror at home than you have " appeared abroad. So that in all future ages Chronicles " will worthily characterize you to be the true Defender of "the Faith, the Deliverer of oppressed Nations, and the " Redeemer and Asserter of the Common Liberties of " Europe. "We only beg leave to add our hearty prayers that " Heaven would long continue to us such a Monarch, and "your people always pay your Majesty the tribute of "Loyalty so justly due to the best of Princes, which in our "several stations we do assure your Majesty we shall " always promote to the utmost of our Power." At the Easter Sessions a general order was made to apprehend Henry Lloyd of Dorney, who was informed against by Joseph Street, as having uttered treasonable words against the person of his most sacred Majesty, and being a person disaffected to the Government, and of wicked and dangerous principles, and who was said to "privily lurk and hide himself in divers obscure places of this county not easily to be discovered." It may be noticed that David Lloyd is mentioned by Macaulay as one of the ablest and most active of the emis- saries who carried communications between the exiled King and the Jacobites in England. At the same Sessions the Justices proceeded to take stringent measures for the effectual prosecution and punish- ment of all persons guilty of excessive drinking, blasphemy, profane swearing and cursing, lewdness, profanation of the Quarter Sessions under William and Mary. 265 Lord's Day, and other dissolute, immoral, or disorderly practices. This was in accordance with a special procla- mation issued by the King " out of a deep sense of the great goodness and mercy of Almighty God in putting an end to a long, bloody, and expensive war by the conclusion of an honourable peace." Special care was to be taken to apprehend the authors and publishers of books or pam- phlets containing impious doctrines "tending to the subversion of the Christian religion." An Act of 1696 empowered the Justices to fix the price of salt, which they accordingly did by ordering that " New- castle salt, Wayne salt, and other salt unrefined, made within this realm," should be sold for not more than 4J. 4^. a bushel, and Bay salt, and other foreign salt, for not more than Js. 6i/., " computing fifty-six pounds weight to the bushel." The penalty for disobeying this order was 5/. But it was found necessary at the next Sessions to increase the rates to 6s. and 8j. respectively. The Window Tax appears in 1697 under the title of an " Act for granting to his Majesty several rates or duties upon houses for making good the deficiency of the Clipped Money." The Justices had a dispensing power similar to that which they exercised under the Stuarts with regard to the hearth- tax. They had to examine the parties com- plaining concerning the number of windows or lights in their dwelling-houses, and to " increase, defaulk, or enlarge the assessments." This caused a considerable increase in the business of Sessions, and compelled the Justices to adjourn them from time to time, not only for their own convenience and for that of the parties, but also to suit the engagements of his Majesty's Inspectors, who had a right to be present. In 1700 the laws of supply and demand were found to 266 Quarter Sessions under William and Mary. be too strong for the Justices. The court considered that the wages of artificers and labourers, as settled at the Sessions, had not for many years been altered, notwith- standing that by the consent of masters and servants the same had been generally increased both in the Vale and the Chiltern, "whereby both masters and servants have been and are subjected to indictments for their disobedience and contempts of the orders of this Court." It was there- fore ordered that the rates of wages should be reconsidered at the next Sessions. Nevertheless, no alteration was made during either this or the following reign. It may be worth recording that . the registers of the parish of Amersham, quoted in a previous part of this paper, are complete from the year 1561. There are a few leaves containing the accounts of the Churchwardens as early as the reign of Henry VIII. I looked among the baptisms of the time of the Commonwealth for curious Scriptural names of the " Praisegod Barebone " type, but could find nothing more extraordinary than Jonah, Tobyas, Zacchseus, Nathaniel, Jonathan, Ezekiah, Timothy, and Deborah. The certificates of corpses having been buried in woollen, according to the well-known Act of Charles II., begin in August, 1678. There are lists of the names of those who received certificates under the hands and seals of the Minister and Churchwardens " in order to be touched for the disease commonly called the King's Evill." There were five such cases in 1685, eight in 1686, one in 1687, and two in 1688. There are none in the reign of William and Mary, or of Anne, but there is one in the reign of George I. 267 QUARTER SESSIONS UNDER QUEEN ANNE. The contrast between the records of Devon and those of Bucks, which has been remarked in the reign of William and Mary, continues in that of Queen Anne. The Justices of Devon, so far as appears by the Sessions Books, limited themselves strictly to the necessary details of local business, and concerned themselves not at all with questions of Imperial policy. Though the real King of men in this reign, who was turning to flight the armies of the French- man, was himself a Devonshire gentleman, no congratu- latory addresses on Blenheim or Ramilies seem to have been adopted by the Justices of his native county. It is possible that they had come to think it wrong to bring such subjects forward at Quarter Sessions. But it is more likely that they were still under the influence of Sir Edward Seymour, who was no friend to Marlborough and Godol* phin. A few new acts, the execution of which was left to the Justices, are reflected in the records of their proceedings. Otherwise, the entries merely comprise the old routine of familiar subjects, which have been so often mentioned in this series of papers. One of these subjects appears to have been considered peculiarly pressing at this time, as it had been more than a century before, in the reign of Elizabeth. Both in Devon and in Bucks we find constant orders about vagrants, who 268 Quarter Sessions under Queen Anne. were declared to be " a great and increasing chargeto the county." In 1704 it was recited that the rates for the conveyance of vagrants to another county, or to the House of Correc- tion, had been " lymitted to a penny halfepenny per mile for each horse, and a penny halfepenny per mile for each Guardsman, and sixpence per diem for each vagrant's maintenance." It was ordered that in future "one penny per mile forth and one penny per mile backe be allowed for each Guardsman, and Three halfe pence per mile forth as well as backe for each horse." In 1707 it was further ordered "that the Constables and Tythingmen be allowed Two shillings and sixpence for each conveyance." In 1708 it appeared to the Court that, in pursuance of a recent Act of Parliament for conveying vagrants, &c., great numbers of wandering persons were brought from the county of Dorset and other counties into the town of Axminster, " to be there received by the proper officers of that place and by them conveyed unto the next town in the next county, and other remote places." It also appeared that, " by means of the great numbers of such vagrants, and their frequent and sudden coming," the officers and parishioners of Axminster were frequently " disturbed and hindered in the managery of their affairs, trades, and professions." In order to prevent these evils, the Justices, " upon mature deliberation," made a regular contract with John Crosse of Axminster, clothier, for pro- viding subsistence and conveyance for such vagrants, at the cost of forty pounds a year, " for his Labour, care, paines, expences, and disburserhents." There are other entries relating to this subject, and Quarter Sessions under Queen Anne. 269 reflecting on "the indiscrete manegery, ignorance, and neglect of Ihe Constables and Tithingmen." " Maimed soldiers " continued to be occasionally relieved, as, for instance, James Palmer, of St. Giles's, who " received greate damage in his body by a bruse of a Greate Gun in her present Majestie's service." There is a curious order respecting game in the records of 1704. The Court had been given to understand that " diverse mean and disorderly persons, laying aside their lawfull trades and employments, do betake themselves to the taking and killing of hares, pheasants and partridges, and other game appropriated to the Lords of Manners and other Gentlemen, with Dogs, nets, guns, harepipes, and other Engines, and also the killing and destroying of ffish with Netts, spears, and other instruments, without the con- sent of the owners of the soile, such persons not being any way qualified as the statute in such cases directs." The Court required and authorized the Constables and Tithing- men to search the houses, out-houses, &c., of such disorderly persons as they might suspect of keeping " doggs, netts, or other Engins," and, having found any such articles in the possession of any person not qualified to kill game, they were directed to forthwith " breake such guns, hang such dogs, burne such netts, and destroy such Engines." But none of her Majestie's Protestant subjects were to be " by virtue hereof disturbed in keeping arms for their own pre- servation." It was probably about this time that Sir Roger de Coverley " gained universal applause by explaining a passage in the Game Act." Drovers of cattle and badgers, or small dealers in corn, had been required to take out licences by a statute of 270 Quarter Sessions under Queen Anne. Elizabeth. Either this Act had fallen iilto desuetude, or the Clerks of the Peace had for many years neglected to enter in their books the names of the licensees. In the reign of Anne, the subject reappears, and the cases are lentered very minutely, and in considerable numbers. Perhaps one specimen should be given. " Richard TuUing, of Coombmartyn, in this County of " Devon, yeoman, being of y° age of Thirty years and up- " wards, and a married man, and having lived in y' said " parish of Coombrnartyn for the space of Three years last "past and upwards, and being otherwise Qualified as y° "Statute in such cases directs, is hereby. Lycensed and " allowed for y' space of One Yeare now next ensueing and "no longer, to be a Common Drover of Cattle, Badger, " Lader, Kidder, Carrier, and Byer of corne, graine, butter, " and cheese, in open markett and out of marketts, as an " Act of Parliament made in the ffifth yeare of the Raigne " of Queene Elizabeth directs,, intituled an Act touching " Badgers of Corne and Drovers of Cattle to be Lycenced ; " so that y' said Richard TulHng doe duly observe and " keep ye Condicon of the Recognizance which he togeather "with his Two Sureties have entred into at this present " Sessions pursuant to the said statute, and doe nothing " contrary to the statutes prohibiting forestalling, regrateing, "and Ingrosseing." The amount of the recognizance was generally 40/. for the principal, and 20/. for each surety. A petition from the waggoners on the Western Wades passing through the county of Devon " to and from London, and to and from Exeter and other places of Trade," brings before us a long-extinct Act, forbidding any person to use more than six horses "to any travelling waggon, wain, Quarter Sessions under Queen Anne. 271 cart, or carriage." The Justices in Quarter Sessions had a dispensing power to permit waggoners to use more than six horses to draw their waggons up certain hills mentioned in the order of Court, and we accordingly find an accurate definition of certain hills on the London road upon which waggoners might " use and drive Seven Horses at Length for drawing their Severall and respective Waggons and Carriages." The word wade, properly a ford, is used here to signify a road, and not merely the crossing of water. It is, I believe, extinct as a noun, though it survives as a verb. Mr. R. J. King has pointed out to me that it is identical with the Saxon wath. It must come from the same root as the Latin vadum. In 1709 the Court allowed Mr. John Clopp and Mr. Bickerstave Williams, constables of Honiton, the sum of 1 2/. "js. gd., which they had " necessarily laid out and ex- pended " for conveying " the Armes, Clothes, and Accou- traments of the Lord Tyrawly and Col. Churchill's Regi- ments " from Honiton to Exeter, over and above the sum of 4/. IS. gd. which they had received from the officers of the said regiments, " according to a late Act of Parliament in that case lately provided." And in 171 1 the Court made a similar payment for conveying "the Baggages of an Extraordinary Weight and the Sick Soldiers belonging to the Regiment of Collonell Winsor." It would appear that sign-posts were invented in the reign of William III. At any rate, the Act 8 and 9 Wm. III. c. 16 empowered the Justices to order the surveyors of the highways to erect or fix, in the most convenient place " where two or more cross highways meet," a stone or post, with an inscription thereon in large letters, " con- 272 Quarter Sessions tmder Queen Anne. taining the name of the next market town to which each of the said joining highways leads." An order of our Court at the Michaelmas Sessions of 17 13 directed this Act to be duly put in execution throughout the county, as the Grand Inquest had presented " that the said clause was of great use and benefit to her Majestie's subjects in such places where the same hath been duly observed ; but that the due execucon thereof hath in many places of this county been neglected and wholly omitted, to the great inconvenience and damage of her Majestie's liege people." The Justices continued to have authority to fix the price of salt. In 17 1 3 the Grand Inquest presented that "wee doe conceive that the maker or first seller may take at Barnstaple, Biddeford, and other y' North parts of this County for English Salt made in Chester and y° other parts adjoining, not above one shilling y' Bushell single Winchester measure, each bushell containing 56 pounds." At Plymouth, Dartmouth, &c., not above \s. ^d. At Top- sham and parts adjacent not above is. 6d. " And for all salt made and refined at Limington and y' parts adjacent," if imported into any port on the south side of the county, not above is. If imported into the north side, not above IS. 6d. " And for all forreigne Salt," the first seller thereof should not take above is.6d. These prices were in all cases " over and above the duty imposed by the said Act." They were recommended to the Justices, and no doubt approved by them. The duty was ij-. a bushel, so that the price of salt in Devonshire was from 2s. to 2s. 6d. The difference of prices caused by the difficulties of carriage in former times is well exemplified by the fact that salt in Bucks cost from 6s. to 8j. a bushel.' ' See " Quarter Sessions under William and Mary." Quarter Sessions under Queen Anne. 273 Before leaving the records of the Quarter Sessions of Devon, it may be well to quote the last rates of wages settled in the reign of Queen Anne. A " bayliffe of husbandry, hyne, or miller," was to receive not more than 5/. a year. A "common man-servant in husbandry," if between sixteen and twenty years of age, not more than 3/. Above twenty years, not more than 4/. A woman servant, if under fourteen, no wages, but meat, drink, and clothes. From fourteen to eighteen, not more than 40J. Above eighteen, not more than 50J. "Husbandry labourers" from Allhallow-tide (Nov. i) until Candlemas (Feb. 2) were to receive not more than ^d. a day with meat and drink, or \id. without. From Candle- mas to Allhallow-tide, 6d., or \ld. At mowing of corn or grass they might take %d., or \s. 4^. " Women labourers at hay " were to have not more than 3^., or 6d. In corn harvest, 41^., or %d. " At reaping," 6d., or \2d!' " Master carpenters," masons, &c., not more than %d., or \s. 4d." Other carpenters, masons, &c., not more that) 6^., or I2d. Apprentices for the first four years, not more than 3^. or ^d, A pair of sawyers, not above is. ^d., or 2s. 8d. All spinsters not above I2d. by the week, with meat and drink, or 2s. 6d. without meat and drink. If we compare these rates with those appointed in the reign of Elizabeth/ one hundred and nineteen years before, we may well be astonished at the slowness of the increase, except in the case of indoor servants. A bailiff's wages, ' See " Quarter Sessions under Queen Elizabeth." T 274 Quarter Sessions under Queen Anne. had only advanced from 3/. 6s. Sd. to 5/. Those of a farm man-servant had been just doubled. Those of a female servant had been rather more than doubled. Those of a woman employed in making hay had not been increased at all. The wages of ordinary farm labourers had only risen from yd. to i id. a day in winter, and from 8(^. to is. in summer.' Those of foremen in the building trades had only been raised from is. to is. 4d. a day, and those of journeymen from i id. to is. And this was in an age when the disparity between the rich and poor was so great that the official income of the Duke and Duchess of Marlborough, from the various places that they held, amounted, accord- ing to Lord Stanhope, to the prodigious sum of 64,325/. Turning now to the records of Bucks, we find the Easter Sessions of 1702 held in the name of Queen Anne, William having died on the 8th of March. ^ But little was done until the Midsummer sessions, when a large number of Justices and others attended and took the various oaths required by the Acts concerning supriemacy and allegiance," to prevent dangers which may happen by Popish recusants," and especially by the Act "for the further security of his Majesty's Person, and the succession of the Crowne in a Protestant Line, and for extinguishing the hopes of the pretended Prince of Wales and all other pretenders and their open and secret abettors." The Court was adjourned to Chipping Wycombe, Chesham, Newport Pagnell, and Buckingham, to enable aged and infirm people to attend and take the prescribed oaths. ' In Bucks the appointed rate of wages for farm labourers in the reign of Anne was no greater than that fixed in Devonshire in the reign of Ehzabeth. Quarter Sessions under Queen Anne. 275 Most commissions, such as those of Lord-Lieutenant and Qistos Rotulorum, were then terminable at the demise of the Crown. Marlborough and Godolphin naturally ab- stained from reappointing the extreme Whigs, especially those who were disliked by the new sovereign. The removal of Thomas Lord Wharton from the office of Custos Rotulorum for the county of Bucks gave rise to a dispute between Thomas Smith, the Clerk of the Peace who had been appointed by him, and Francis Neale, who claimed the place by a grant from the new Custos, William Vis- count Newhaven. Mr. Smith obtained a mandamus from the Court of Queen's Bench commanding the Justices to restore him, or to show cause to the contrary. But Mr. Neale succeeded in retaining his post. The Clerk of the Peace was at this time only the deputy of the Custos Rotu- lorum. Viscount Newhaven was, I suspect, the same nobleman who, as Lord Cheyney, fought a duel with Wharton in consequence of a quarrel for precedence at the Quarter Sessions of Bucks in 1699, and has for that reason been honoured by a place in Macaulay's History. At Epiphany, 1704, the Earl of Bridgewater, as Custos Rotulorum of Bucks, reported that he had received direc- tions from the Privy Council, recommending to his lordship and the Justices the vigorous execution of an Act for raising recruits for her Majesty's Land forces and Marines, " the same being att this tyme of greate- importance to her Majestie's service." The constables were ordered to bring before the Justices all such able-bodied men as they should find in their parishes " as have not any lawful calleing or Imployment, or visible means for their Livelyhood, and that have noe vote in electing of any member or members to serve in Parliament." They were, of course, "entertained as T 2 276 Quarter Sessions under Q^leen Anne. soldiers in her Majesty's service," that is, enlisted comptil- sorily. The names of the persons so " listed," and the regiments Jo which they were sent, were reported to Sessions. Many debtors were at the same time dis- charged from prison on condition of serving in the fleet or army. The description given of the recruits would hardly be of much use in case of their desertion. Richard Grove was a " middle-sized man." John Hopkins was a " tall black mann, aged thirty." Richard Kempster was "a thick, short. Brown-haired mann, aged eighteen yeares." John Wood was " a well-sized browne man, aged about twenty yeares," and so on. "John Samms, a Thin-bodyed man," reminds one of Falstaff's recruit Shadow, who " presented no mark to the enemy ; the foeman might with as great aim level at the edge of a pen-knife." In 1705 the Lord-Lieutenant received a letter on the same subject, " being a service absolutely necessary fpr carrying on the Warr." A comment is supplied by the application of Mr. Noah Pitcher, " a skillfull chyrurgeon," showing that one Gerard Wilding, a vagrant who had been taken up for her Majesty's service, had, to disable himself from that service, " in a malicious and barbarous manner, cutt and divided the greate Tendon of his Legg," and that Mr. Pitcher, " in order to have made him serviceable," had " made severall operacons, and applyed severall medicaments, and constantly attended him for a considerable tyme." Mr, Pitcher only claimed 3/. 1 3^., but the court cut him down to 3/. The battle of Ramilies was fought on May 23, 1706, and within a few days afterwards almost every city and fortress of Flanders was in the hands of Marlborough. Even the cool-headed conqueror wrote to his wife of that marvellous Quarter Sessions under Queen Anne. 277 campaign that " it really looked more like a dream than truth." The capture of Barcelona by Peterborough in the previous autumn was also an exploit of which England might well be proud. At the Midsummer Sessions, the following address " to the Queen's most excellent Majestie " was made and signed by the Justices, gentry, and freeholders of the county of Bucks : — " Most Dread Soveraigne, "Tis the peculiar Prerogative of your Majesty's most " Glorious Reign that your Majesty's dutiful and happy " Subjects have no occasion to use their privilege of peti- " tioning to the Throne for Redress of Grievances, but are " only employed in addressing their great and Victorious " Queen in the style of joy and congratulation. " With Infinite Pleasure we embrace the present oppor- " tunity of joining in the Universal Acclamations of your " Majesty's Loyal people for the late wonderful Success of " your Majesty's forces and those of your Allies, under the " unparalleled Conduct and bravery of his Grace the Duke "of Marlborough, and of your Majesty's other renowned " Generals the Earl of Peterborough and the Earl of Gal- " loway (Galway) ; and with great satisfaction we admire "your Majesty's wisdom in the choice of your present " Ministers and Generals, under whom the exorbitant " Power of France has been so visibly reduced, and the " ancient Honour of England so gloriously advanced. " And that your Majesty's Reign may long continue over " us, and your arms for ever flourish, the undaunted courage " of your Troops still prevail, and the Trepidity of your " Enemies increase, shall ever be the prayers of . "Your Majesty's most Loyal, Dutiful, "and Obedient Subjects." 278 Qtiarter Sessions under Queen An?ie. It may be doubted whether Marlborough would have felt altogether satisfied at finding his name associated with that of the Earl of Peterborough. But it is certain that neither of them would have been well pleased at being joined in the same sentence with the Earl of Galway, whom Macaulay calls a pedant and a sluggard, " a man who was in war what Moli^re's doctors were in medicine, who thought it much more honourable to fail according to rule than to succeed by innovation." But Galway, though a Frenchman by birth, was looked upon by the Whigs as a staunch member of their party. In the next year the county of Bucks was equally pleased at the completion of the Union with Scotland. Here is the address voted on that occasion : — " May it please your Majesty, "As no people were ever more prosperous under the " happy influence of a glorious reign, so it is our duty to " take all opportunities to manifest our sincere Affections " and hearty Zeal to the Great Source from whence (under " God) all our Blessings flow. And amongst all the unex- " pected Successes that have attended your Majesty's " prudent Conduct and unwearied Endeavours, nothing can " make us appear more formidable abroad and secure at " home than the long wished for Union of your Two Neigh- " bouring Kingdoms, a work of such difficulty that, though " so often attempted by your Royal Predecessors, it seemed " reserved only to add fresh Glories to your Majesty's most "auspicious Government. " May the same Spirit of Union that has always inspired "your Majesty's Councils prevent all Differences and " Animosities amongst your United Subjects. May your " Majesty enjoy a long and prosperous Reign over us, and Quarter Sessions under Qiuen Anne. 279 " at last receive the Reward of your unexampled Care and ■' Concern for the welfare of all your Liege People and " their posterity." At Midsummer, 1706, the Justices had received orders from the Privy Council to make a strict inquiry respecting all " Papists and reputed Papists, their qualities, estates, and places of abode," and committees were appointed for each hundred to carry out this business. It is possible that the Ministers thought it well to make a display of Protestant zeal while they were carrying on negotiations for the Union with the Presbyterians of Scotland. In looking through so many volumes of County Records I have of course seen many thousands and tens of thousands of proper names, belonging to men of all ranks and degrees, to noblemen, justices, jurymen, witnesses, sureties, inn- keepers, hawkers, paupers, vagrants, criminals, and others. And in no single instance, down to the end of the reign of Anne, have I noticed any person bearing more than one Christian name. The first instance occurs in 1717, when Sir Coplestone Warwick Bampfield appears among the Justices who attended the Midsummer Sessions at Exeter. The first instances which I have met with in any other place are those of Henry Frederick, Earl of Arundel, born in 1608, and Sir Henry Frederick Thynne, who was created a baronet in 1641. Both these must have been named after the eldest son of James the First, who was, of course, born in Scotland. No other child of James bore two Christian names, nor did any child of Charles the First, except Henrietta Maria, named after her mother, who was a Frenchwoman. No King of England bore two Christian names before William the Third, who was a Dutchman. 28o Quarter Sessions under Queen Anne, It seems probable that the practice of giving children two Christian names was utterly unknown in England before the accession of the Stuarts, that it was very rarely adopted down to the time of the Revolution, and that it never became common until after the Hanoverian family was seated on the throne. We have now seen what information is to be gleaned from the records of Quarter Sessions, at least from those of the counties of Devon and Bucks, during a space of one hundred and twenty-two years, extending from the thirty- fourth year of Elizabeth to the last year of Anne. In the administration of justice, we have passed from the multitudinous hangings, brandings, and floggings, which characterized the earlier reign, to the more settled and temperate system which began to be established in the latter. In finance, we have passed from the privy seals of Elizabeth, and the benevolences of James the First, to the National Debt and the scientific taxation of Godolphin and Montague. In religious matters, we have passed from persecution to toleration. If these gleanings are worth anything at all, they ought to serve as contributions to a more accurate knowledge of the condition of the people, and of the government under which they lived, at least in the rural districts. Such knowledge was perhaps too much neglected by the older historians, and was not allowed its fair weight until supported by all the eloquence of Lord Macaulay. The earlier writers had their attention not unnaturally concentrated on the movements of armies, the debates of politicians, the struggles of diplomatists, and the intrigues of Courts. Lord Stanhope, though one of the latest writers who have undertaken to portray the age of Quarter Sessions under Queen Anne. 281 Anne, was yet an historian of the older type. He was dazzled by the militaty and literary glories of the reign, and could not doubt that, in that Augustan Age of England, the people must have been extremely happy. He compares the days of Queen Anne with the days of Queen Victoria, and declares himself fully convinced "that the people of Queen Anne enjoyed much the larger measure of happiness." Of the details from which he has drawn this induction he does not favour us with any clear view. He tells us casually that in Queen Anne's time " there was no trace of serfdom or compulsory service, but there lingered the feel- ing of protection due by the lord of the soil to his retainers in sickness or old age. Labour was then no mere contract of work done for value received. . . . The handicraftsman and the labourer had no difficulty in obtaining employment without dispute as to the hours of work or the rate of wages. Most grievous is the change in that respect which has since ensued ! " The change is simply that the labourer is permitted to make a bargain with his employer for the value of his labour. The labourer of the reign of Anne was compelled " to take a master " at a prescribed rate of wages, and was liable to be flogged and imprisoned if he was out of work, or even if he accepted a higher rate from a willing master. " As between landlord and tenant," says Lord Stanhope, " a more cordial spirit, a more intimate relation, appears to have prevailed. There was wholly absent that main cause of alienation — whenever at present alienation does occur — the excessive preserving of game." And then he gives us a fancy picture of a shooting party in the time of Queen Anne, which appears very much like a shooting party in the time of Queen Victoria on the estate of a 282 Quarter Sessions under Queen Anne. reasonable and good-natured squire ; a race, we may hope, which is not yet quite extinct. Nor were all landlords of the former epoch quite perfect, if we may believe Pope's character of Sir John Cutler. Even the good Sir Roger, as we are informed, had destroyed with his gun " many thousands of pheasants, partridges, and woodcocks," though some doubt of the accuracy of this sporting intelligence may be caused by the further information that he had killed " several kinds of deer in the chase," " tired many a salmon with a line consisting of a single hair," and hunted one fox for fifteen hours through half a dozen counties ! The excessive preservation of game has done harm enough, no doubt, in our days, but scarcely so much harm as to deserve to be balanced as a cause of general unhappiness against the ferocity of party spirit in religion and politics, and the constant dread of civil war, which prevailed in the reign of Queen Anne. Again, we are told that there was at the former period " much less of wealth but much less also of abject poverty. The contrasts were not so sharp, nor stood as it were so closely face to face with each other." Lord Stanhope gives us in another place an account of the emoluments of the Marlboroughs. But he does not mention the wages of the labourers who were toiling for five shillings and sixpence a^Aveek in Devonshire, or for three shillings and sixpence in Buckinghamshire, while the price of wheat in bad years rose to fifty-four shillings a quarter. Nor does he mention the multitudes of vagrants of which the Justices so often complained. There is one part of Lord Stanhope's contrast between the age of Queen Anne and the age of Queen Victoria that certainly appears at first sight to have a great deal of truth Quarter Sessions under Queen Anne. 283 in it. I mean the complaint summed up by Mr. Tennyson some forty years ago in the line — " Every gate is thronged with suitors, all the markets overflow." Lord Stanhope says, — " As regards the liberal professions and the employments "in the Civil Service, it may be deemed, from the absence, " at least, of any indications to the contrary, that under "Queen Anne there was more of equality between the " supply and the demand. The number of men of good "character and good education who desired to enter any "career was not disproportioned to the number of openings " which that career presented. It followed that any person " endowed with fair aptitude and common application, and " engaging in any recognized walk of life, was in due time " certain, or nearly certain, of a livelihood. Riches and dis- " tinction were of course, as in every state of society, the "portion of the few, but there was competence for the " many. How greatly the times have changed ! . . . " It is certainly a great practical hardship, such as we do " not trace under Queen Anne or under the first Georges, "-that a young man entering life with a good character and " careful education should see every profession overcrowded, " every avenue of advancement hemmed in, that he should " be unable in so many cases to earn his bread, and be cast " back for subsistence on his family." There can be no doubt that the number of young gentle- men of good character and fair education has much increased in England since the age of Queen Anne. But the number of opportunities for a successful career, if not at the Bar or in the Civil Service, at least in India, in the Colonies, or in business, has also increased enormously, nor 284 Quarter Sessions under Queen Anne. would it be easy to prove that it has not increased in pro^ portion. At any rate, it is quite certain that the difficulty of providing fit occupation for the younger sons of good families was felt in the reign of Queen Anne, as it was felt long before, and has been felt long since. One of the most interesting sketches in the Spectator is that of Will Wimble, the younger brother of a baronet of ancient family. He was " bred to no business, and born to no estate," and spent his life in looking after the game on his elder brother's property. His position was very much like that of a young man who has failed in a competitive examination in the reign of Queen Victoria, and who has been " given up to his own inventions." And, lest we should look upon him as an exceptional object of compassion, we are informed that " Will Wimble's is the case of many a younger brother of a great family, who had rather see their children starve like gentlemen than thrive in a trade or profession that is beneath their quality." No doubt, as Lord Macaulay observes, there was no Joseph Hume in the reign of Anne. Ministers had the power of conferring pensions and sinecure places on their friends, and on the sons of their friends, and exercised it without much regard to their characters or education. But the cessation, or diminution, of this practice is surely not to be much regretted by the public. The truth seems to be that the age of good Queen Anne was a pleasant time for a general like Marlborough, whose victories were rewarded with titles, and honours, and estates, and palaces, and grants of hundreds of thousands of pounds. It was a pleasant time for a gentleman " of respectable abilities " like James Stanhope, whose civil and military services obtained for him the earldom which has Quarter Sessions under Queen Anne. 285 been so worthily borne in our days by his descendant. It was a pleasant time for a poet like Pope, whose genius won for him fame, and friends, and fortune, such as had never before fallen to the lot of an English poet. It was a pleasant time for a writer like Addison, whose polished prose and less perfect verse made him a Secretary of State. It was a pleasant time for at least some of the merchants and speculators, of whom Budgell wrote, " I have observed greater estates got about 'Change than at Whitehall or St. James's," although they must have been haunted by a fear of their investments being all wiped out by the return of James III. It was, perhaps, not so pleasant a time for the working classes, who were compelled to labour for whatever wages the Justices thought fit to appoint. It was not so pleasant for the Roman Catholics, who were deprived of their horses and arms, and were liable to fine and imprisonment if they refused to take an oath of allegiance to one whom they firmly believed to be an heretical usurper. It was not so pleasant even for the Protestant Dissenters, who found all honours and public employments refused to them. It was not so pleasant for the poor fellows who were taken by force from their wives and families to be shot on the banks of the Danube, or to return home as " maimed soldiers " and beg the Court of Quarter Sessions " of their great charity " to grant them pensions of thirty or forty shillings a, year. It was not so pleasant for the prisoners, who were left to perish in the gaols from starvation or fever. It was not so pleasant for the paupers, whose number amounted to nearly one-fifth of the population. It was not so pleasant for the vagrants, who wandered about- the country in swarms, in constant terror of being caught, stripped naked, and flogged. 286 Quarter Sessions under Queen Anne. women as well as men, " until their backs were bloody," and prceconis ad fastidiiim — until the constable was disgusted with his work. It is surely sufficient praise when we say that the reign of Anne was an age of many great and illustrious men, of many splendid victories, and of many eminent achievements in science, and literature, and statesmanship ; that it made the people who lived under her rule happier than their fathers had been, and that it laid the foundation for much of the prosperity and happiness which have been enjoyed by their descendants. Besides giving us some idea of the condition of the people, the records of Quarter Sessions ought to throw some light on the conduct and the opinions of that ancient and peculiar body, the Justices of the Peace. Their opinions on some subjects may be gleaned from the sentences they passed and the orders they made, especially in the matters of " Popish recusants " and Protestant Non- conformists. Still more may be learned from the addresses of a political or quasi-political character which they some- times adopted. Unfortunately we have no specimens of the speeches by which these addresses were supported or opposed, and which might, perhaps, have been sometimes more instructive than the addresses themselves. We know that Sir Roger de Coverley was said to have died from the effects of a cold he caught at the Sessions of his county, as he was very warmly promoting an address of his own penning, in which he succeeded according to his wishes- " But this particular comes from a Whig Justice of Peace, who was always Sir Roger's enemy and antagonist." Of the. private habits and mode of life of the Justices of bygone times we learn little or nothing from these records. Quarter Sessions under Queen Anne. 287 On those points we are left to seek information from diaries and letters, and still more from works of fiction, which often preserve facts which history has disdained to record. The lighter literature of England contains plenty of sketches of Justices, from which we may easily gain a notion of what manner of men they were who transacted the business of Quarter Sessions at different periods. Many such may be found relating to the space of one hundred and twenty years with which we have been dealing. Among these there are three immortal portraits which stand out conspicuous, each painted by the hand of a master, though of very un- equal merit. And, curiously enough, these portraits belong respectively to the beginning, middle, and end of the space of time to which I refer. One belongs to the age of Eliza- beth, one to that of the Commonwealth, and one to that of Anne. The first portrait is by the most illustrious master, though it is not one of his greatest works. But, as Mrs. Browning has said, a face carved on a cherry-stone may reveal in its lines the mallet-hand. Among all the fools of various sorts and degrees that we find immortalized in the plays of Shakespeare, the greatest fool, except perhaps the constable Dogberry, is Robert Shallow, Esquire, oneof the Justices of the Peace " of the coram and custalorum " for the county of Gloucester. There are few characters drawn with more evi- dent enjoyment on the part of the artist. In Master Shal- low we see a combination of almost everything that can render a man ridiculous and contemptible. He is an old man, yet ever boasting of the dissipations of his youth, " and every third word a lie, duer paid to the hearer than the Turk's tribute." He is full of self-importance, yet capable of the meanest actions ; a tyrant to his inferiors, and cringing to 288 Quarter Sessions under Queen Anne. his superiors ; somewhat given to liquor, regardless of justice, a mere tool in the hands of his own servants, and an easy prey- to the wily Sir John Falstafif. We know how that witty knight remarks upon Master Shallow's character : " It is a wonderful thing to see the semblable coherence of his men's spirits and his. They, by observing him, do bear themselves like foolish justices ; he by conversing with them, is turned into a justice-like serving man ; — their spirits are so married in conjunction with the participation of society, that they flock together in consent, like so many wild geese. If I had a suit to Master Shallow, I would humour his men with the imputation of being near their master ; if to his men, I would curry with Master Shallow, that no man could better command his servants. It is certain that either wise bearing or ignorant carriage is caught, as men take diseases one of another, therefore let men take heed of their company." There is no character in Shakespeare that more decidedly bears evidence of having been intended as a personal attack than that of Master Shallow. It fortunately happens that we know the reason of this. It seems tolerably certain that the poet was in his youth caught poaching in the park of Sir Thomas Lucy, and that he had with that worshipful knight an interview, of which he retained the most unplea- sant recollections. Indeed his first attempt at poetry is said to have been a satirical ballad on Sir Thomas Lucy. There can be no doubt that Justice Shallow is a caricature of the same personage. He is identified by his coat-armour, which Master Slender describes as bearing a dozen white luces. But it may be feared that the poet, being by no means ex- empt from the frailties of more ordinary mortals, was eager to avenge his grievance against Sir Thomas upon the whole Quarter Sessions under Qtieen Anne. 289 class to which the knight belonged. His brother justice, Master Silence, is as great a fool as Shallow, though he does not talk quite so much nonsense, except when he is in liquor. His cousin Slender is merely a reflection of the same cha- racter. Even the humbler peace-officers, Dogberry, Verges, and the like, were equally objectionable in the eyes of " the immortal Williams." Shallow is represented as living in the reign of Henry IV. But that goes for nothing. It m^y be taken as certain that Shakespeare intended to satirize the justices of his own time, and it is likely enough that some of them were no wiser than Shallow', and more like serving-men than justices. We know, however, that there were others of a very diffe- rent type. The class from which sprang men like Walter Raleigh must have contained many individuals not destitute of brains or of culture. It is probable that Warwickshire and Gloucestershire, the counties with which Shakespeare was best acquainted, were at that time less enlightened than Devonshire. At any rate, we know exactly who the jus- tices of Devon were at the end of the reign of Elizabeth. They were only fifty-four in number, and, as there were some hundreds of families in thecounty entitled to bear coat-armour, it seems likely that some care was taken in their selection. Most of them, we may suppose, knew a little Latin, as all law proceedings were then written in that language. We may also suppose that they knew a little law, as justices' clerks were not yet a regular institution, and it was an ordinary part of a gentleman's education to read law for two or three years at one of the Inns of Court. Several of them played a not undistinguished part among the men of that remarkable generation. Some of them, as Periam, and Pri- deaux, and Glanvyle, were lawyers whose names are still U 290 Quarter Sessions under Queen Anne. remembered. Others, as Sir William Pole, author of the Description of Devonshire, and Richard Carew, author of the Survey of Cornwall, were men of considerable literary abi- lity. Others, as Drake, and Gilbert, and Gary, were among the foremost of the men who reared up a very small kingdom into a very great empire. Others, if not heroes themselves, were at any rate the sons, or brothers, or fathers of heroes, and it is reasonable to suppose that they were not very far below the average of their relatives. On the whole, Shakespeare's sketch must be pronounced a caricature, though with sufficient likeness to render the features easy to be recognized. Some sixty years afterwards, the Presbyterian Justice of the Gommonwealth was drawn in a much more elaborate manner, though by a far inferior hand. If Shakespeare was prompted by personal hatred, Butler was actuated by po- litical and theological hatred as well. It may be considered settled that Sir Samuel Luke sat for the portrait of Hudibras. The idea of describing the adventures of a knight and squire, or master and man, was probably taken from Gervantes. Don Quixote has in that respect served as the model of many writers, down to the time of Mr. Pickwick and Charles O'Malley. But some of the touches in the character seem to have been borrowed from Shallow, with the addition of pedantry and intolerance, which we do not find in the earlier worthy. Of course accuracy is not to be looked for in a burlesque poem. It is a caricature, and an extravagant caricature. Yet the work of Butler must always retain some historical and literary importance, though no generation except the subjects of Gharles II. would be likely to value it more highly than the Paradise Lost. Dr. Johnson seems to have been persuaded that Butler's descriptions of " the Quarter Sessions under Queen Anne. 291 sour solemnity, the sullen superstition, the gloomy morose- ness, and the stubborn scruples," which he alliteratively attributes to the ancient Puritans, were accurately true. " Our grandfathers knew the picture from the life ; we judge of the life by contemplating the picture." There was no doubt as much truth in the picture as may reasonably be required in a caricature. But the justices, even of that period and that party, comprised many accom- plished and liberal-minded gentlemen, as we know from many sources, and especially from the lives of Eliot and Hampden. But if Shakespeare and Butler set themselves to ridicule the country justices of their time with the utmost ferocity, no such charge can be brought against the gentle artist who undertook the portrait of the Justice of the reign of Queen Anne. , He had executed pictures of Cato and Marlborough, not without a fair measure of success, but he found his most congenial subject in the good Sir Roger de Coverley. The Worcestershire baronet is undoubtedly Addison's master- piece, and one of the best known and best loved characters in the whole range of English literature. Flattered he may be in some respects, but his little absurdities and failings are by no means concealed, though a cunning hand has introduced them in such a way as to heighten the effect of his greater qualities. We have all laughed at the eccen- tricity, and admired the kind-heartedness, of the worthy baronet. We have watched him at church, where he suffers nobody to sleep but himself, and, after a short nap, jumps up and looks about him, and wakes up anybody who appears to be nodding. We have envied the power which he exercised in making his chaplain pronounce every Sunday a sermon of one of the best English Divines, instead of U 2 29? Quarter Sessions under Queen Anne. inflicting upon his congregation one of his own compositions. We have entered into his feelings of pride, when, at the age of twenty-two, he served the office of sheriff, and rode at the head of a whole county, with music before him, a feather in his hat, and his horse well bitted. We see him " filling the chair at a Quarter Sessions with great abilities." We accompany him to the Assizes, and see him make his way through a crowd of red-coated country gentlemen, in order to favour the Judge with a remark on the state of the weather. We share the surprise and anxiety of the Spec- tator when his friend gets up in the midst of a trial to make a , speech, " with a look of much business and great intrepidity." A general whisper runs among the country people that Sir Roger is up. The speech proves to be very little to the purpose, and, in Mr. Spectator's opinion, "was not so much designed by the knight himself to inform the Court, as to give him a figure in my eye, and keep up his credit in the country." In this respect it succeeds perfectly, so that the county gentlemen compliment him, and the ordinary people gaze upon him at a distance, "not a little admiring his courage, that was not afraid to speak to the Judge." Many little touches complete the picture of the time — the laced hats of the squires, the exaggerated head-dresses of their wives, the elaborate etiquette of a country neighbour- hood, and the extraordinary fuss about place and precedency. But all this is merely the background to the portrait of the good baronet, with his overflowing kindness to every one he meets in town or county— to the watermen, the hackney coachmen, the vergers, — as well as to his own tenants and" servants, and the poor of his own parish, though the dear old man is a little puzzled about the Coverley witch, and advises her as a Justice of the Peace to avoid all communi- QuaHer Sessions under Qmen Anne. 293 cations with the devil, and never to hurt any of her neigh- bour's cattle. The moral of the story is pointed out in the letter of Captain Sentry, " that a man of a warm and well disposed heart, with a very small capac^y, is highly superior in human society to him who, with the greatest talents, is cold and languid in his affections." And so Sir Roger leaves behind him a reputation which would be worth the pains of the wisest man's whole life to arrive at. Attempts have been made to identify Sir Roger de Coverley with Sir John Pakington, who was undoubtedly a Worcestershire baronet, and Knight of the Shire in the reign of Anne. But there, it seems, the resemblance ends. Sir John is said to have been a fierce partisan, and by no means an amiable character. It is certain that he did not spend forty years in pining after an impracticable widow, for he was twice married, and had several children. It is more probable that Sir Roger is not modelled from any individual. Still less is he a fair representative of his class. There must have been plenty of Justice Shallows and Squire Westerns in his time, and since. He must be considered as an ideal country gentleman, intended as an example for the uncivilized squires of his day, showing them how much goodness and usefulness were compatible with a very moderate share of brains and acquirements. The character of " the fine old English gentleman " was, no doubt, a popular one long before his time. We find a sketch of him in Chaucer, which is not very unlike the Sir Walter Vivian of five centuries afterwards : — An householder, and that a great, was he, Sir Julian he was in his countrie. 294 Quarter Sessions under Queen Anne. His table dormant in his hall alway Stood ready covered all the long day. At Sessions was he lord and sire, Full oft-times was he knight of the shire, A Sheriff had he been, and a counter, Was nowhere such a worthy vavasor. But it was Addison who gave him immortality, and the fame that extends wherever the English language is spoken^ The name of De Coverley is, indeed, too Norman to be accepted as the typical name of an Englishman. That post was assumed about the same time by Mr. John Bull. But Arbuthnot's John Bull was a clothier. Later genera- tions have turned him into a country squire. Many of the best qualities which characterize the John Bull of Punch and the other light literature of our own day, many of the virtues and failings which we love to associate with the idea of an English gentleman, are those of the model justice of the reign of Queen Anne, the good Sir Roger de Coverley. 295 THE TRIAL OF TWO QUAKERS IN THE TIME OF OLIVER CROMWELL. It is well known that the Puritans, for some mysterious reason, entertained a particular objection to the Quakers. Not even under Charles the Second were the " Friends " so harshly treated as they were under the Commonwealth. According to the historian of the Society, the messengers of the testimony "were entertained with Scorn and Deri- sion, with Beatings, Buffetings, Stonings, Pinchings, Kick- ings, Dirtings, Pumpings, and all manner of abuses from the Rude and ungoverned Rabble. And from the Magis- trates, who should have been their Defenders, they met with Spoiling of Goods, Stockings, Whippings, Imprison- ments, Banishments, and even Death itself" The extreme penalty was, it would seem, seldom inflicted in England, except indirectly, for an indefinite imprisonment in one of the foul and pestilential dungeons of the period was in many cases equivalent to a sentence of death. But in New England, where the Puritans were triumphant and absolute, the unfortunate Friends were treated with still greater barbarity. They were not unfrequently hanged, and many of them met a worse fate, receiving hundreds of lashes, being kept chained tightly by the neck and heels, and being sold as slaves in the West Indian plantations. It is curious that some of our instructors should insist on 296 The Trial of Two Quakers. confounding the Quakers with the Puritans. A writer in a well-known newspaper, describing the funeral of Mrs. John Bright, remarked on the " utter absence of ceremonial parade, and of any sort of ecclesiastical attire, which dis- tinguishes this sober, steadfast. God-fearing community of old-fashioned English Puritans!' The Quakers of the time of Cromwell would scarcely have been recognized as brethren by the Puritans of that epoch. It is true that the Protector himself was inclined to religious toleration, except in the cases of Popery and Prelacy. But the subordinate magistrates took every op- portunity of persecuting the Friends, and sometimes per- verted for their oppression the laws which had been passed for very different objects. It seems to have been usual to tender them the oath of abjuration which had been pro- vided as a test for the Roman Ca!tholics. The Quakers, it was well known, were quite as ready to renounce the Pope and all his works as the Presbyterians could be. But they were determined not to swear in any cause, and therefore the offer of an oath was a certain way of bringing them into collision with the law. In the case referred to in the fol- lowing pages not only was the oath of abjuration employed in this way, but, with ludicrous ingenuity, the culprits were committed for provoking to fight a duel — the provokers being Quakers, and the party provoked being a clergyman, so that both sides might fairly have been supposed in- capable of fighting. The case, no doubt, is only one of many hundreds that happened nearly at the same time. It is only remarkable as having been one of the first of its class, and as having been unusually well preserved. We have the records of important State trials, such as those of Strafford and Laud, The Trial of Two Quakers^ 297 but it is rare to find any full record of the ordinary ad- ministration of justice in the case of more obsaure offen- ders. In searching among the records of the county of Devon for an example of that administration in the time of the Protector, I met with some sheets of depositions taken with greater care and at greater length than usual. They proved to be the depositions taken in the case of Thomas Salthouse and Miles Halhead, two of the earliest " public Friends," otherwise " messengers " or missionaries, who followed George Fox in bringing the testimony into the West of England. Both of them seem to have been important members of their Society, and founders of meet- ings in Devonshire. Extraordinary efforts were made to procure their liberation. I have met with a curious pam- phlet printed in 1656 " for Giles Calvert at the Black spread Eagle, near the West end of Paul's," and entitled " The Wounds of an Enemie in the House of a Friend, being a Relation of the Hard Measure sustained by Miles Halhead and Thomas Salthouse for the Testimony of Jesus ; particularly in a long, and sore, and close imprison- ment, first at Plymouth, and then at Exeter, in the county of Devon, though they have neither offended the Law of God or of the Nation." It is for the most part, as might be expected, a rather tedious and rambling production, in part composed of a curious cento of texts, but not without an occasional strain of eloquence in pleading for religious liberty, and appealing from the magistrates to the people. " Was persecution of tender consciences unjust in the " Bishops, and is it righteous now in them who suffered by " the Bishops for the tenderness of their consciences, and " shed so much blood for a secure provision therein, and " put it to this issue of the sword, either they and theirs not 298 The Trial of Two Quakers. " to be or not to be without it, to outstrip the Bishops, yea, "the latter ages, in a cruel and barbarous persecution of " their brethren because of the tenderness of their con- " sciences ? Was the infringement of Liberty, the endea- " vouring to subvert the fundamental Laws of the Nation, " and the violation of Right, unrighteous in the King, and " Strafford, and Canterbury, and that generation, and "judged tyrannical, and traitorous, and Justice executed " upon them for so doing, and the King's Family rooted up, " and thousands of Families destroyed, and ithe three " Nations made fields of blood, and hazarded in many years' " fierce and cruel Wars to bring it to pass ? And is it just " now in inferior Ministers, who are in Commission and " sworn to execute the Law, to preserve Liberty, and to " defend Right, as saith also the Instrument of Government, " to exceed them all in violation of Law, and the destruction " of Right and Liberty, as if so be the Cause and the Jus- " tice of the War were to destroy one Generation for ano- " ther to exercise the same and far greater violences and " oppressions upon those who were instrumental in the " destruction of the other ?" But the chief importance of this tract is that it contains copies of some legal documents which, added to the deposi- tions already mentioned, enable us to form a pretty clear idea of the procedure of the period. We may now leave the witnesses to tell their own story, only premising that the accused, on their first apprehension, addressed a letter to the Mayor of Plymouth, which is pre- served in the pamphlet. It is very Biblical, but slightly incoherent. The following sentence is a specimen of it : — " Now, Friend, to thee fcfr Justice doe we call, that the " truth may be freed from scandals and false reports, and The Tricf,l of Two Quakers. 299 " the oppressed set free, which is pure religion ; that we " may have that favour at thy hands, which the Law doth " afford, to bring our Accusers to us, that have anything to " lay to our charge worthy of Bonds, that things may be " tryed by the light, and actions weighed in the balance of " Equity ; that truth may spring up out of the Earth, and " righteousnesse may run down as a mighty stream, and '' peace and Justice may kisse each other ; for know "assuredly, although we are counted deceivers, yet are we " true, and nothing doe we desire from thee, as thou art a " Magistrate, but to have the truth cleared by the light, and " truth set at liberty." 1 he first witness whom we call is Mr. Peter Popham. " The Examinacon of Peter Popham of Plymouth had "and taken before the Right Worshipful John Paige, " marchant, Maior of the Borrough of Plymouth aforesaid " and Richard Spurwell, marchant, two Justices of the " Peace within the said Borrogh the 22th day of May, 1655. " The said deponent sayth on Oath, That on Sabbath " day last being the 20th of this moneth of May in the " afternoone hee this deponent goeing towards Stonehouse " to heare one Mr. Titchen that is the present Minister " there to preach, in his way thither he overtooke one Mr. " George Brookes and Ralph Ansley — and this deponent " askinge them where they were goeinge they said to heare " some Quakers neere a place called the Old Mills that " were at ahowse, as this deponent hath heard, belonging to " one John Harris within the Burrough of Plymouth afore- " said. Whereupon this deponent went with them the said " George Brookes and Ralph Ansley unto the said Harris " his howse, and from there into a garden belonging to the " same howse, where were about 70 or 80 persons, amonge 300 The Trial of Two Quakers. " whome this deponent saw three Strangers who went by " the name of Quakers, which are the same Three persons " now present at the time of this deponent's examination, " owning themselves by the names of Thomas Salthouse, " Myles Hallhead, and Nicholas Gannicliffe, as they are " written in two papers now shewed unto this deponents " And this deponent further sayth, That he heard the said " Salthowse (that was then speakinge to the people) say, " That they should follow noe more their old Ministers, for " they are those that will bringe them to destruccon, and " they are Baal's priests^ and there is that within a man " that must carry him to heaven, and there is noe neede of " other teachinge. And this deponent further sayth, That " the said Salthowse havinge ended his discourse without " any prayer, that afterward hee heard the said George " Brookes open a place of Scripture which was 2 Cor. vi. i.' '■ In openinge of which said Scripture the said George " Brookes spake somethinge of the holy Trinitie. And " after the said . Brookes had done speakinge the said " Thomas Salthowse spake to the said Brookes, and said " these words. Thou Lyest in sayinge there were Three "persons in the Trinitie, I deny itt, there is no such " Thinge. But thou art a deluding Spiritt come to draw " away the hearts of the people from God. And hee the " said Salthowse then and there spake to the people, that "they should not hearken to him, meaninge the said " Brookes, for that hee was a theefe and was come with a "Lye in his mouth, and had stollen what he had from "others, and had it in his hand, pointinge to the Bible " which was then in the said Mr. Brookes his hand open; 1 " We then, as workers together with Him, beseech you also that ye receive not the grace of God in vain." The Trial of Two Quakers. 30 1 ?' And this deponent further sayth, That the said Myles " Halehead did speake the same words as aforesaid, " And said severall times that itt was a Lye that the said " Brookes had brought. " John Paige, Maior. " Ri : Spurwell." Then follows — " The examinacon of George Brookes, Chaplain in the " Nightingall ffrigott in the State's Service, had and taken " as aforesaid. " On Oath. The said deponent sayth, That on Sabboth " day last hee hearinge that there were some men that went " by the name of Quakers, and intended to exercise at a " howse leadinge to Stonehowse within the Burrough of " Plymouth which as this deponerit is informed is one John " Harris his howse. And this deponent cominge into the " said howse went into a garden belonginge to the same " howse, where were a great concourse of people, about 70 " or 80 person.s, and after a little time this deponent had "beene there, one Thomas Salthouse, one of the people " called Quakers, beganne to speake to the people there " assembled, without either seekinge of God in prayer or " takinge any portion of Scripture to speak from itt, did " runne on in such a way as was not at all to the edifyinge " of the people (in this deponent's Judgment) but to dis- " traction. Which stirred up this deponent (after the said " Salthowse had ended speakinge) to speake somethinge " by way of exhortacon to the ediiicacon of the people then " present to and for the glory of God. And then and there " this deponent made choice of a portion of Scriptui-e, "which was 2 Cor. vi. i, from which this deponent exhort- " inge the people to Virtue and Love and used this Simile, "That as the Father, Son, and Spiritt, were Three in 302 The Trial of Two Quakers. "Trinitie bur one in Unitie, soe although there were " severall sectts of Religions yet wee should bee all one in " Unitie and Love. And afterward this deponent proposed "to all the people that they should seeke to God for a " blessinge by prayer, and if any there present had a larger " portion or measure of the true light and spiritt of God " than this deponent had, that then hee should pray, if not, "this deponent would. Whereupon the said Salthowse " with Myles Halhead and Nicholas Gannicliffe (as this- " deponent now perceives their names soe to bee) being "the same Three persons which hee this deponent now " seeth att the time of his examinacon, and att the time " aforesaid were in the said Garden, they fell upon this " deponent with unsutable and inhumane speeches, sayinge " Thou Lyest, there is noe such thinge in Scripture as the " Trinitie, and therefore thou Lyest and art a theefe, and " thou hast stoUen that which thou hast from others, and " brought itt in thy hand, pointinge att the Bible then " open in this deponent's hand, and thou, meaninge the " deponent, hast a deludinge spiritt, and thou art come to " deceave the people, and to draw away the hearts of the " people from God, and therefore admonished the people " that they should not hearken or beleeve what this de- " ponent had said. "John Paige, Maior. " Ri : Spurwell." Nicholas Gannicliffe appears to have been discharged. The other two prisoners seem to have been remanded until the next day, when they were examined by the Mayor and three of his brethren. We are apt to forget that the rule of not questioning a prisoner, by which English jurispru- dence is distinguished from that of most foreign States, is one of very modern adoption. The Trial of Two Quakers. 303 " The Examinacon of Thomas Salthowse of Druglebecke, " in the Countyof Lancaster,husbandman,aged Thirtie years " or Thereabout, taken before the Right Worshipful John " Paige, Maior of the Burrough of Plymouth in the County "of Devon, and Richard Spurwell, Robert ,Gubbs and Wil- "liam Birch, fower Justices of the Peace within the same " Burrough, the 23"* day of May, 1655. , " The said examinate being demanded the Cause of his " cominge to this towne sayth itt was to visitt some friends, " and beinge asked what those friends were and if hee had " any friends or relacons in Plymouth, sayth hee knew " Nicholas Cole and Arthur Cotton and some other per- " sons, and beinge demaunded where and how longe since " hee became acquainted with the said Cole and Cotton " saythj That about the end of March last this examt beinge " under restraint att Exon togeather with one Myles Halhead, " the said Cotton and Cole came thither to this examt and " the said Halhead, and that after they had been under "restraint 16 daies they were sent with a guard by " Col. Coplestone to Taunton, and from thence were sent " from tithinge to tithinge to Bristow by Col. Buffett of " Taunton, but the messenger that went with this examt " and the said Halhead from Taunton, beinge (as this " examt conceiveth) drunke and fallinge on the ground " about a myle from Taunton, and itt growinge towards " night, this deponent with the said Halhead and the mes- " senger returned to Taunton to the said Col. Buffett, and " two daies afterward this examt and the said Halhead by " leave from the said Col. Buffett departed and went to " Bristow. And this examt further sayth that he came " hither to this Towne of Plymouth on ffriday last to Arthur " Cotton, and afterward that eveninge i^ent to Stonehowse, 304 The Trial of Two Quakers. " at the howse of one Lippingcott. And being demaunded " where this Examt was the last Lord's day, sayth that hee " was the last first day in a garden of one Jphn Harris " within the Burrough of Plymouth, where there were a " Companie of people mett together, and this examt spake " somethinge to them both in the howse and in the garden. " And this deponent being further demaunded whether he " did not in his discourse to the people say these words " followinge, (viz') That they should follow noe more their " old Ministers, for they are those that will bringe them to " destruccon, and they are Baal's preists, and there is that " within a man that must carry him to heaven, and there " is noe neede of other teachinge, denyeth the same. And- " beinge further demaunded whether hee did not speake " these followinge words to one George Brookes (who had " alsoe then spoken to the people, in which discourse of the " said Brookes hee menconed the holy Trinitie and the " Three persons in the Trinitie) Thou lyest in sayinge there " were Three persons in the Trinitie ; I deny itt, there is " noe- such thinge, but-thou art a deludinge spiritt come to " draw away the hearts of the people from God, and that " they should not hearken to him the said Brookes for that " he was a Theefe and was come with a Lye in his mouth, " and had stoUen what hee had from others and had itt in " his hand, pointinge att the Bible which was in the said '! Brookes his hand open, denyeth the same. And beinge " further demaunded by what authority hee spake to the " people in that publique way, sayth hee was imediately " called of God to goe out and declare the truth as hee is " moved. And beinge demaunded if hee bee not one of " those that are called Quakers sayth hee is one of them, " and somtimes he has had shakings on him, And this The Trial of Two Quakers. 305 " examt beinge demaunded att what place he intendeth " to goe from this towne, sayth, to Bristow. And beinge " demaunded when hee did make use of his callinge as a " husbandman or any other . lawfull callinge to procure a " Lyvelyhood, sayth, itt was about Three months since. " And beinge demaunded where hee hath had money for " his subsistance since that time, sayth. That if hee come " to any Towne or citty he hath money to pay for what hee " calls for, and if hee goe into any friend's howse hee can " eat bread or drinke water with them. And this deponent " beinge asked whether Nicholas Gannicliffe and Myles " Halhead bee of the same Judgment and opinion with " this examinate, sayth they are, and doe goe under the " name of Quakers. "The oath of Abjuration conteyned in his highnesse the " Lord Protector's proclamacon was tendred to the said " Thomas Salthowse, and hee refused to take itt, sayinge " the Lord Jesus forbids him to sweare." " John Paig£, maior. "Ri: Spurwell. " After this Miles Halhead was similarly examined. " The examinacon of Myles Halhead of Kendall in the " county of Westmerland had and taken as aforesaid. " The said Examt sayth. That hee is a marryed man, " and left his wife and Three children att Kendall aforesaid " about Three moneths since. And being demaunded why " hee left his family sayth hee was drawne to London and "from thence towards this towne to see his freinds, and att " Exon this examt and Thomas Salthouse were taken upp " for goinge the country without a passe, and after 16 dales " (beinge there under restraint) were sent to Taunton to " goe towards Bristow where this examt went. And beinge X 3o6 The Trial of Two Quakers. " demaunded why he came hither to this towne of Plymouth " and when, sayth on ffriday last hee came thither to see " his freinds, beinge mooved thereunto. And beinge asked "what freinds, sayth Arthur Cotton and Nicholas Coles. " And beinge demaunded how longe hee hath been acquainted " with them, sayth that hee came acquainted with them att " Exon when hee this examt was under restraint there. " And beinge demaunded whether hee were not in a garden " within the Burrough of Plymouth on the last Lord's day, " sayth hee was. And beinge further demaunded whether " hee then spake these words followinge to the people there " assembled, viz'- They should follow noe more their old "ministers, for they are those that will bringe them to " destruccon, &c. (as in Salthowse's examinacon) denyeth " the same. And beinge asked if he bee not of the com- " pany of those people that are called Quakers sayth hee is. " And beinge demaunded why hee left his callinge and doth " not apply himselfe to itt, sayth hee was drawne to itt and " to goe and see freinds. And beinge demaunded when hee " did employe himselfe about his callinge as a husbandman, " sayth not since hee left his family, which was about Three " moneths last past. And beinge further demaunded how " and by wha^ meanes hee is supplyed with moneys for his " lyvelyhood in regard hee doth not worke, sayth hee hath " enough of his owne to maintaine himself And beinge " demaunded by what authoritie hee goes upp and downe " the Country, and gathers people togeather to withdraw " them from their publique attendance on the preachinge. " of the Gosple and other religious duties performed by "the ministers of Jesus Christ, sayth hee knoweth the " nation gyves men free Libertie to meete togeather. And " beinge demaunded where hee intendeth to goe from this The Trial of Two Quakers. 307 " towne, sayth towards Bristow. And this examt beinge " further demaunded if hee doe acknowledge the Trinitie " of persons in the unitie of essence, and whether the " Father bee God, the Son God, and the Spirit God, sayth " hee owneth the Father, Sonne, and Spiritt, but refuseth " to gyve an answeare and will not say they are God. And " this examt being tendred the oath of abiuration enjoyned " by the Lord Protector by a late proclamation of 26* of " April last, denyeth to sweare at all, and will not take the " said oath of Abjuration. "John Paige, maior. "Ri: Spurwell." After this the Mayor must have remanded them again, and we find that they took the opportunity of addressing to his Worship another letter, pointing out the iniquity of swearing. It may be thought, perhaps, that the way in which they called God to witness was as decided an oath as kissing a book would have been. In fact, a Quaker named Thomas Courtis was actually fined by the Court of Quarter Sessions soon after this time for profane swearing, because he said " God is my witness," and " I speak in the presence of God." The epistle begins thus, the word " friend " being no longer used : " John Page, Mayor of Plymouth, "Forasmuch as it hath pleased thee to cast us into " Prison, and hast examined us, and hast found no breach " of any Law, by which thou canst lawfully punish us ; but " under a pretence hast tendred us an Oath to swear against " the Supremacy and Purgatory. We doe, in the presence of " the Lord God of Heaven and Earth, deny the Pope and all "things therein mentioned, with as much detestation as " thou thyself, or any in the world can or doth, our con- X 2 3o8 The Trial of Two Quakers. " sciences also bearing us witnesse, in the presence of our " God, who is able to deliver us, although we are cast into " a Prison ; nay, if we be cast into a Den of Lyons, and a " fiery Furnace, with the three Children, as you may read " in Daniel, that would not fall down to worship the Image, " neither will we disobey the Command of Jesus Christ, " who saith, Swear not at all ; and the Apostle James saith, '"Above all things, my brethren, swear not, neither by " Heaven nor by Earth, nor by any other Oath, but let " your yea be yea, and your nay nay, lest ye fall into con- " demnation.'" Shadrach, Meshach, and Abednego were quoted by George Fox as examples, having worn their hats when they were cast into the burning fiery furnace. Their worships of Plymouth saw plainly that it was a case for the Sessions. It was clear that the prisoners were Quakers, but it was not equally clear on what charge they could be committed. They had refused the oath of ab- juration, but that was, I believe, a matter of summary jurisdiction rather than for committal. The ordinary offence committed by Quakers was penetrating into a " steeple-house," insisting on addressing the congregation, and " disturbing the Minister." But in this case the mini- ster had disturbed the Quakers. It was hardly safe to commit them on that charge only. Under these circum- stances the mayor, or his legal adviser, bethought him of an ordinance made by the Lord Protector in the previous year, "for preventing of Duells." So, after a few days' deliberation, the Quakers were ssnt to the common gaol at Exeter under the following mittimus : — ' Devon. "John Page, Merchant, Maior of the Burrough of Ply- The Trial of Two Quakers. 309 " mouth in the County aforesaid, and one of his High- " nesse's Justices of the Peace within the said Burrough. " To the keeper of his Highnesse's Gaol at Exon Castle, " or to his lawfuU deputy in that behalfe, greeting. I send " you herewithall by the bearer hereof the bodies of Thomas " Salthouse late of Drugglibeck in the County of Lan- " caster, husbandman, and Miles Halhead late of Kendal " in the County of Westmorland, lately apprehended here " as disturbers of the public peace, and for divers other "high misdemeanours against a late Proclamation pro- " hibiting the disturbing of Ministers and other Christians " in their assemblies and meetings, and against an Ordi- " nance of his said Highness the Lord Protector and his " Counsel lately made against Duells, Challenges, and all " provocations thereunto, who have refused to give suf- " ficient security for their personall appearance at the next " general Sessions of the Peace to be held for the County " of Devon, and in the meantime to be of good behaviour "against his Highnesse the Lord Protector and all his • " liege people. These are therefore in his said Highness " his name to will and command you that, when the bodies " of the said Thomas Salthouse and Miles Halhead shall " be unto you brought, you them safely detain, and keep "them until by due course of law they shall be thence de- " livered. Hereof fail not at your perill. " Given under my hand and seal of Plymouth aforesaid, " the 28"" day of May, in the year of our Lord God 1655." "John Page, Mayor:' John Desborough was at this time the Major-General in command of the Western District, and to him the prisoners and their friends determined to appeal. An answer, specifically denying every charge mentioned in the warrant, 3IO The Trial of Two Quakers. was drawn up and placed in his hands, with the following letter, which at any rate effectually disposes of the accusa- tion of refusing to give security. Arthur Cotton was a man of good position and education, and a leading member of the Society of Friends in Devonshire until the reign of James the Second. He was a correspondent of William Penn. The readiness of the Quakers to suffer for one another was most remarkable from the very com- mencement of the Society. A petition was presented to Parliament in 1659 by one hundred and sixty-four of them, offering to suffer imprisonment in lieti of an equal number of Friends whose lives were endangered by their long confinement in filthy gaols and houses of correc- tion. Letter to General Disbrow (sic) : — " We whose names are hereunto subscribed doe testifie, " That the severall particulars in this Answer made by our " friends are true (to wit) That they did not at all disturb " the publick Peace. Nor were they at any other Meeting " (but that which was appointed by us) to disturb any " Ministers or other Christians in their Assemblies or " Meetings. Nor are they guilty of any Challenges, Duells, " and Provocations thereunto in the least Measure, whilst "they were among us. And as for their refusall to give "security, two of us, whose names are Robert Cary " and Arthur Cotton, had given security to the Mayor, by " entring into Recognisance for their appearance at the " next Sessions, the day before their sending to Prison, but " that the Town Clerk made it void the next day, pretend- "ing that it could not be according to Law." This letter was signed by eleven F"riends. It was no doubt forwarded to the mayor by Desborough with a request or his remarks, and we have a humble letter from his The Trial of Two Quakers. 311 worship in reply, dated June 1, 1655. He sends the General copies of the examinations of the Quakers, and assures him that " Their carriage here was not becoming men, much lesse " Christians, and besides their contempt of authority, and " all the while they were in Prison, they never sought God " by prayer at any time, nor desired a blessing on any Crea- " ture they received, or gave thanks for them. . . . They " wander up and down in all parts, to vent their wicked "Opinions, and discover their irregular Practises in the "breach of Peace, and disturbance of all good People. " Indeed, Sir, they hold many sad Opinions, destructive to " the true Religion, and power of Godlinesse. I have hereby "according to my Duty given your Honour an account of " what passed here in reference to these men ; I could say " much more in reference to their Examination, and discourse " with them, but I fear I have already trespassed upon your " Honour's patience in the perusal of these lines, and humbly " desiring your excuse for giving you this trouble, and doe "most thankfully acknowledge your Honour's continued " favours to this place, and for which we stand very much "obliged, desiring your Honour still to retain such an " opinion of us, as those that desire to doe nothing un • " becoming Christians, and persons that desire the welfare " and peace of this Common-wealth and Government, and " shall ever labour to appear " Your Honour's very Humble Servant, " John Page, Mayor, " for myself and Brethren." Such was the way in which one of Cromwell's major- generals was addressed by the Mayor of Plymouth. It may be doubted whether any of the Tudors were approached with greater servility. 3 1 2 The Trial of Two Quakers. Desborough gave the Quakers an opportunity of answer- ing this letter, which they did with considerable sharpness, informing the Mayor that he had manifested himself to the children of light, by his flattering Major General " Disbrow " in feigned humility, and by his railing accusations against them, to be of the generation and spirit of Tertullus, who accused and informed the Governor against the Apostle Paul as a pestilent fellow, &c. The Mayor had said they were offenders, " as I conceive." They reply, " Thou hast laid open thine ignorance in imprisoning us because t]wu con- ceivest we are offenders, which indeed is nothing but thy conceiving. . . . Because thou conceivest we are offenders, doe we suffer ; but thou makest thy conceiving a Law to imprison us by." And so, having given the Mayor the lie through two or three pages, they observe that they never' render railing for railing, but in the spirit of love and meek- ness exhort him and his brethren to repent and fear to offend the Lord, and the least of them who believe in His name. The author of the pamphlet uses still stronger language in "improving the occasion," and points out twelve distinct lies in the letter of his Worship, whose future destination he precisely defines, for " all lyars shall have their part in the lake that burneth with fire and brimstone, which is the second death." The Mayor thought it necessary to fortify his position by sending up some additional evidence to Sessions. Two more depositions were annexed to the others. " Plymouth B. "The Examinacon of Jacobb Jennens of Plymouth, mer7 "chant, had and taken as aforesaid the Sth of June, 1655, " The said Examt sayth, that hee beinge in a Garden of " one John Harris neere the old mills within the Borrough The Trial of Two Quakers. 313 " of Plymouth on Sabbath day the 20"" day of May last heard " Thomas Salthouse and Mylles Halhead that went by the " name of Quakers speake these words to the people then " present ; That they should follow the Light of their owne " minds and Consciences within them, and bee not deluded " nor deceived by these teachers and Preachers (as you call " them) but follow the Light of your owne minds, for that " will condeme you or save you. And the said examt sayth " that all.thetyme the said Saltehouse and Hallhead spake " they had their hatts on their heads, and they did not pray " beefore or after they spake to y° people. And this depo- " nent farther saith that after they had done speakinge, one " Mr. Brookes that is Chapplayne of the Nightingall^ryg'g&\X " spake somethinge to the people from that place of Scrip- "ture the 2 Cor. vi. i, speakinge of the Holy Trinitye. "After hee had ended, the said Thomas Salthouse said "to the said Brookes, Thou Lyest. And the said Brookes " replyed, Wherin } And the said Saltehouse replyed, Thou " hast said there are three persons in the Trinity, I tell thee " thou Lyest, for there is noe such word as three persons in " Trinity in the Scripture. And the said Brookes said, I will " make it appeare. And this deponent sayth That the said " Haleheade sayed to the (said) Brookes, Thou art a theife " for thou hast stoUen that which thou hast brought in thy " hand, meaninge the Byble that was in the said Brookes " hand, as this deponent beeleiveth,for hee had a byble then in " his hand, out of which he noted severall places of Scripture. " John Paige, maior. " Ri : Spurwell." We may suspect that what the Quakers meant was that the Chaplain had stolen his sermon, which is a more common offence than stealing a Bible. 314 The Trial of Two Quakers. " Plymouth B. " The examinacon of Ralph Ansley of Plymouth, in the " County of Devon, Barker, had and taken before the Right " Wor" John Paige, merchant, Maior of the burrough afore- " said, and one of the Justices of the Peace within the " burrough aforesaid the 7"" day of July, i6SS- " On Oath. •' The said deponent sayth. That hee goinge towards " Stonehouse with one Mr. George Brookes and Mr. Peter " Popham uppon Saboth day the twentieth of May laste and " they hearinge there weare some Quakers att the house of " one John Harris neere the old mills within the burrough " of Plymouth, this deponent together with the said Brookes " and Popham went into the said house to heare the said " Quakers. And this deponent saw in a Garden belonginge " to the said house about 70 persones, amonge whome weare " three strangers which went by the name of Quakers. And, "as this deponent hath been informed, their names were " Thomas Salthouse, Myles Halehead, and Nicholas Ganni- " cliffe, whome this deponent heard to speake to the people " these words ; That they should follow noe more their old "Ministers, for they are those that will bringe them to " destruccon, for they are Baall's preists, and there is that "within a man that must carry him to heaven, and there is " no neede of other teachinge. And this deponent further " sayth. That the said Salthouse havinge ended his discourse " without any prayer, that wee heard the said Mr. Brookes " who is chaplinge aboard the Nightingall ffryggote open a " place of Scripture (to the people) which was the 2 Cor. vi. i, " in the openinge of which said Scripture the said Brookes " did speake somethinge of the holy Trinitie. And after " the said Brookes had done speakinge the said Thomas Salt- The Trial of Tzvo Quakers. 315 " house did speake to the said Brookes, saying, Thou Lyest " in sayinge there were Three Persons in the Trinitie ; I deny " itt, /there is noe such thinge, but thou art a deludinge spiritt " come to drawe away the hearts of the people from God. " And the said Salthouse did alsoe speake to the people " they should not hearken to him, meaninge the said Brookes, " for that hee was a theefe and was come with a Lie in his " mouth, and had stollen what hee had from others, and had " it in his hand, pointinge to the Bible that y° said Brookes " had then in his hand open. And the said deponent further " saith. That he heard the said Myles Halehead speake the " same words as aforsaid, and said severall tymes it was a " Lye that the said Brookes had brought. " John Paige, maior. " Ri : Spurwell." The Sessions began at Exeter on July 10. The first name on the list of Justices present is John Disbrow, from which we may infer that the Major-General took the chair on the occasion. Salthouse and Halhead were indicted for pro- voking George Brookes, though it is evident that the only duel likely to ensue was an oratorical one. Since the esta- blishment of the Commonwealth indictments had been framed in English instead of Latin. As it is our object to give a complete example of the legal procedure of the period, we subjoin a copy of the " Indictement exhibited against, and read to them at the Sessions." " The Jurors for His Highnesse the Lord Protector of the " Commonwealth of England, Scotland, and Ireland, and " the Dominions thereunto belonging, upon their oaths doe " present. That whereas, by an Ordinance of His Highnesse " the Lord Protector, and his Counsell, bearing date the " 29"' day of June, in the year of our Lord one thousand 3 1 6 The Trial of Two Quakers. "six hundred fifty-foure, for preventing of Duells, and all " occasions of challenges and quarrells, and using any dis- " gracefuU provoking words or gestures tending to that effect, " it was ordered, That no persons whatsoever should from " and after the publishing of the said Ordinance, use any " provoking words or gestures, whereby Quarrells or Chal- " lenges may arise, as by the said Ordinance may more at "large appear. Neverthelesse Thomas Salthouse, late of " Drugglybeck, in the County of Lancaster, Husbandman, " and Miles Halhead of Kendall in the County of Westmor- "land, Husbandman, not fearing nor regarding the said " Ordinance and the penalty therein contained, after the " publishing of the said Ordinance, to wit, the twentieth day " of May in the year of our Lord, one thousand six hundred " fifty and five, at Plymouth in the County aforesaid, in the " presence and hearing of divers honest persons of the "Common-wealth of England there then being, did use "divers disgracefull provoking words, and gestures, to " George Brooks, Clerk in the Nightingale Friggot, he being " then opening and declaring unto the said persons a certain " place of Scripture wherein the said George said something " of the Holy Trinity, to wit, Thou, the said George Brooks " meaning, lyesi in saying there were Three persons in the " Trinity, we doe deny, there is noe such thing, but thou art " a deluding spirit come to draw away the hearts of the people "from God. And further they the said Thomas Salthouse "and Miles Halhead did further speak to the people then "present, that they should not hearken to the said George " Brooks for that he was a Theif, and was come with a Lye " in his mouth, and had stollen what he had from others, and " had it in his hand, poynting to the Bible which was then " in the said George Brooks his hand open. And further The Trial of Two Quakers. 3 1 7 " did say it was a lye which the said George Brooks had " brought, and other harmes to the said George Brooks then "and there did, contrary to the form. of the said ordinance, " against the peace publick." For the manner of their trial we are again indebted to the pamphlet. The indictment having been read to them, they were asked whether they were guilty or not guilty. "Answer. We are not Guilty in what is there charged " upon us. " Court. By whom will you be tryed .' "Answer. By you whom the Lord God of power hath "set in Authority, to judge righteously between man and " man, and to put a difference between the precious and the " vile, and set the oppressed free, from whom we do expect "justice and equity. " Court. Will ye be tryed by God and the Country .? "Answer. We are willing to be tryed by this Bench, and "desire that our accusers may be brought in, and that we " may have liberty to speak for ourselves, and make our " defence against the false accusations laid to our charge. "Coutt. Will ye be judges of your own case.? Jaylor, " take them away. " This was done immediately." There are copious comments on these proceedings, both by the defendants and the author of the pamphlet. With their usual obstinacy, the Quakers refused to adopt the form of words " to be tried by God and the country," and this was construed as contempt of court. About an hour afterwards they were again called in, and required to take the Oath of Abjuration. As before, they refused to take it, and then proceeded to make a declaration 3 1 8 The Trial of Two Quakers. which most people would consider as much an oath as the other. " Answer. In the presence of the eternall God, and before " all this people, we doe deny, with as much detestation as " any of you doth, the Pope, and his Supremacy, and the " Purgatory, and all therein mentioned, and declare freely " against it. And we doe not deny to swear because of any " guilt that is upon us, but in obedience to the command of " Christ, who siith. Swear not all. And we will not come " under the condemnation of an Oath for the liberty of the "outward man." After this they were sent back to prison. The next day they were brought up again and asked, — " Will ye confesse that ye wronged G. Brookes, in calling " of him Thief, and be sorry for it, and make him satisfaction 1 " Answer. One of us did not speak one word to him, and " therefore I deny to make him satisfaction, or to be sorry for " it, and what was spoken was no such thing ; therefore we " will not lye for our liberty, nor confesse that we are sorry " for that which we never spoke. " Court. You are fined five pound a piece, and must goe " to the House of Correction till payment, and find sureties " for your good behaviour ; and for refusing to take the Oath, " we shall take course to send to the North to seize on your " Estates, according to the Proclamation." Their names appear in the Calendar as having used pro- voking words against George Brooks, clerk, and " refusing to be tryed by the Countrey." Such was the end of their trial, or rather of the proceed- ings which served instead of a trial. They were kept in the Bridewell more than a twelvemonth, and were still there The Trial of Two Quakers. 3 1 9 when the pamphlet was written. They wrote long descrip- tions of their " uncivil and barbarous usage," and complained that the friends who came to see them, " who were in scorn called Quakers," were also detained and imprisoned. Their friends at Plymouth made strenuous efforts for their libera- tion, and drew up a memorial with certificates appended which, if genuine, give us a favourable idea of the naval discipline of the Commonwealth, and certainly dispose of Master Brookes' character. " Loe, hear what a filthy worker of iniquity this Priest is, for denying of whose spirit before the people these long and cruell sufferings are inflicted on the innocent ! " "The Testimonies of the Captaines of the Nightingall " Friggot, and of the Nantwich, and of the Constant Warwick " concerning the deboyst, filthy, and drunken conversation " of George Brooks, Priest, or Clerk, with the reasons where- " fore he was put on shore, or turned out of the said Friggot. " ' I having been formerly desired to relate upon what " account that Mr. George Brooks, Chaplin of the Friggot, " and under my command, was put on shore ; Because he " was a busy body, and disturbed the whole Ship's Company. " Secondly, being on shore, it was his common practice to " abuse the creature in such sort that he was drunken, voyd *' of good reason, that he would abuse any one that came in " his company by ill language, besides the abuse of himselfe "and the good creature, daily complaints coming unto me " both aboard and on shore. Therefore knowing him to be a " deboyst fellow, and not fit for that imployment, therefore I " put him on shore, and I dare own it, who shall ever call " me to question. Witnesse my hand, " ' Robert Vessay. " ' Mr. Brookes being formerly with me in the Nightingale, 320 The Trial of Two Quakers. " I found him to be very idle, and continually drunk, which " once made me to put a quarter can about his necke, where- " unto I subscribe. "'John Jeffery, " ' Captain of the Nantwich. " The person above mentioned I have seen drunk at shore, " in testimony whereof I have set my hand. " ' Richard Potter, " ' Captaine of the Constant Warwick Frigot.' " My purpose of giving an example of the legal proceedings of the period is accomplished. After the " messengers " regained their liberty, one at least of them seems to have remained in the West. The name of Thomas Salthouse occurs in the records of the Friends in Devonshire as late as the year 1681. 321 THE JUSTICES OF THE PEACE FOR THE COUNTY OF DEVON IN THE YEAR 1592. A Lecture delivered before the Exeter Literary Society. In the reign of Queert Elizabeth of famous memory, as the men who lived under the Stuarts delighted to call her, this country, I need hardly say, vi^as inhabited by a very re- markable generation. They were the men to whom was allotted by Providence the task of rearing up a very small kingdom into a very great empire. Among them were the men who, with few resources besides their own skill and courage, confronted and beat down the vast overbear- ing power of Spain ; who, in ships that we should call " cockle-shells," sailed round the world, and explored the Arctic Regions with very much the same results that have been attained in our time by brave men supplied with all the engines and contrivances that the science of the nine- teenth century has been able to invent ; who laid the foundations of the British Colonies in America and of the British Empire in India. Nor were the men of less active occupations unworthy companions of the founders of the greatness of England. If the men of action of that genera- tion were Drake and Raleigh, Sidney and Essex, Davis and Frobisher; the statesmen were Burleigh, and Wal- singham, and Bacon ; the poets were Shakespeare and Y 322 Justices of the Peace for the County of Devon. Spenser.; the scholars were the translators of the Bible ; and the Sovereign was Elizabeth. Other generations of Englishmen may have been as brave and enterprising, but probably no generation has been so wise, and cautious, and far-seeing, so skilled in knowledge of the world and of the workings of the mind of man. They had been trained in a school very different from any known to the easy-going Englishmen of the last two centuries. They, and their fathers, had lived in the , age of the great religious revolution. They had seen the nation and its rulers pass backwards and forwards, from Romanism to Protestantism, from Protestantism to Romanism, from Romanism to Protestantism again. They had seen at one time Protestants burnt at Smith- field, at another time Romanists hanged and quartered. They had lived in times of plots, treasons, disputed succes- sions to the Throne, insurrections amounting to civil war. Above all, they had to guard their country against the imminent danger of foreign invasion, against the peril of an alien government and an alien church being imposed upon it by a most cruel and persecuting enemy. These things, which might have crushed the spirits of a more servile race, only served to brace the courage and sharpen the faculties of the high-minded Englishmen of the sixteenth century. I have always looked upon those times, which reached their culminating point in the battle with the Spanish Armada, as the greatest age in the history of England, and indeed one of the greatest epochs in the history of the world. It is not merely because the men of Devon- shire happened to stand in the front of the battle on that occasion, but because it was on that point that the question of the religion and liberties of our country jftistices of the Peace for the County of Devon. 323 mainly hinged, — and not only of our country, but also the religion and liberties of the better part of Europe and America, — that this period must always be to us one of surpassing interest. The deeds of the statesmen and warriors of those times, the works of the great authors, are probably sufficiently familiar to us. What is not, perhaps, so familiar is the daily life of the people, especially of the people who lived in the country. We must all see that history, as it has generally been written, is for the most part a record of courts, and camps, and councils, a gallery containing the portraits of Sovereigns, and Commanders, and Ministers, but which does little to make us understand the ordinary life of the millions of private persons who tilled the fields and produced the food on which the great men lived, who built the houses in which they dwelt, who served in the armies which they commanded, who paid the taxes of which they disposed, who bore their share in the administration of Local Government, and who carried on in their respective stations all the varied business that fills up the time of civi- lized nations. It is chiefly from other sources, from original records, diaries, letters, and so forth, that we are enabled to fill up the blanks of the grander histories, and to understand something of the different degrees and classes of former generations. It is of one of these classes that I have undertaken to speak this evening, a class that has often been abused, and often ridiculed, but which has yet managed to retain for itself a fair share of respect, and, we may hope, has done the State some service. I mean, as I need hardly tell you, the ancient class of Justices of the Peace, or, as they Y 2 324 Justices of the Peace for the County of Devon. are more commonly termed, county magistrates ; a class which has existed in this country for many centuries, and which does not seem likely to die out with the present generation. What manner of men, then, were the Justices of the Peace in the reign of Queen Elizabeth ? That is the ques- iion which I mean to try to answer. Some of you may perhaps be aware that I have been occupied, by permis- sion of the Lord Lieutenant, in examining the records of this county, which have been seen, I believe, by few eyes besides my own since they were stowed away by the Clerks of the Peace in long past generations, and which have furnished materials for certain papers which have appeared elsewhere. These records commence in the year 1592, four years after the great battle with the Armada. Nor is it difficult to account for this. The imminent danger of foreign invasion, which had cast a gloomy shadow over the country for so many years, had at last been dissipated. The government had at last some leisure to attend to domestic affairs, to the internal organization of the kingdom, and to the administration of justice. The form of the commission of Justices of the Peace was re- modelled in 1590 by Sir John Wray, Chief Justice of Eng- land. At the commencement of the Devonshire records, we find a letter from the Lords of the Council to four Commissioners, the Earl of Bath, Lord Lieutenant of the county, Sir William Courtenay, Sir John Gilbert, and Sir Francis Drake. I venture to quote it at length, as it shows the endeavours of the Government of Elizabeth to reform the Commission of the Peace, and to purge it of those who were called " popish recusants." " After our hearty commendations. The Queen's Majesty justices of the Peace for the County of Devon. 325 " being lately informed that sundry persons in many of the " counties of her realm, being placed to be Justices of the " Peace, yet have not taken such oaths as by the laws and " statutes of the realm they ought to have taken before they " might exercise such office, hath therefore thought very " necessary to have speedy remedy hereof And for that " purpose considering it is uncertain who they are that have " not taken the said oath, her Majesty's pleasure is (with- " out intent to prejudice such as have their oath) that by " virtue of these our letters before the 20th day of Novem- " ber next, or within 1 5 days after the receipt of these our " letters, you shall procure a Sessions of the Peace to be " holden at such open and accustomed place within that " county as is used, and by notice and warning from you to " be given to require and cause that all the Justices of the " Peace dwelling in that county be personally present at the " same Sessions, after the usual manner of keeping Sessions " for the Peace, to the accomplishment of her Majesty's plea- " sure and service. At which time and place you occupying " the place of Custos Rotulorum, and you the Sheriff, with " such other of the said Justices as shall be appointed by "her Majesty's writ of Dedimus Potestatem that shall be "directed unto you and them for that purpose, shall require "all and every of the Justices of the Peace there present " openly and publicly to take the oath accustomed for the " Justices of the Peace, and the oath also of her Majesty's " supremacy, as is prescribed by the Statutes, and therein " you and as many of the other Commissioners appointed " by the said writ of Dedimus Potestatem as shall be then " and there present, shall make due return of the said writ " under your hands, thereby certifying unto the Chancery " how many of the said Justices shall in the said Sessions 326 Justices of the Peace for the County of Devon. " have taken their said oaths, so as the same may come to " me the Lord Keeper of the Great Seal of England with- " out any unnecessary delay, to be recorded in the Chan- " eery. And if any of the said Justices that shall be there " at the said Sessions shall refuse or forbear to take the " said oaths, you shall also cause the same to be in like " sort certified to me the Lord Keeper. And therewith "you shall declare to me every such person so refusing or "forbearing, that her Majesty's pleasure is that he shall " from that time forbear to exercise the office of a Justice ' " of Peace, until he shall conform himself so to do and be " newly placed in commission and sworn accordingly. " And if any Justice dwelling in that county and being "warned to come unto the said particular Sessions, shall "not come thither, you shall by your letters declare unto " him that her Majesty will have him forbear from the " exercise of that office until he shall have taken those " oaths, either in the Chancery before me the Lord Keeper, "or upon reasonable excuse of such his absence to be " allowed to have a writ of Dedimus Potestatem to certain " persons to give him the said oaths in some open Sessions, " and shall cause the same duly to be returned and recorded " in the Chancery. Which said oaths if the Justices so " dwelling in that county and absent from the said Sessions " shall not take before me the Lord Keeper or the said " special commissioners, and cause to be duly returned and "recorded in the Chancery as aforesaid within 20 days "after the next Sessions of Justice, they so thereof faili ng "shall be removed out of the Commission of the Peace. " And because many are commonly in Commission that " are not residently dwelling in the county where they are " named commissioners, you shall by your letters signify' yustices of the Peace for the County of Devon, 327 " unto them that so shall reside out of that county and be " absent from the so prefixed Sessions of that County, that " they shall forbear to execute the office of a Justice of " the Peace in that County until they shall certify you " credibly that they have by virtue of our letters sent at " this time to the county where they shall reside taken " those oaths in the said other county where they are Jus- "tices and have their dwellings, or before me, the Lord " Keeper in manner aforesaid. "Furthermore her Majesty is informed that divers "persons do occupy the offices of Justice of the Peace who " do not repair to their church or chapel accustomed, or " upon reasonable lett thereof to some other place where " Common Prayer is used and accustomed for Divine " Service, or whose wives living with their husbands, or " sons and heirs living in their houses or within that county " where their fathers do dwell, are known to refuse to come "to the church, contrary to the Statutes in that behalf " made. A matter not agreeable with the vocation of any " that ought to inquire of such offenders and to reform the " same. For which purpose also her Majesty willeth you " to certify her pleasure to all persons being Justices in that "county, that if any of them do forbear to resort commonly " to the church, or that their wives remaining and living in " house with them, or their sons and heirs being above the " age of 16 years and living in their fathers' houses or " dwelling in the country where their fathers do dwell, do " not usually come to the church to Divine Service as by " the Laws and Statutes they are bound to do, the fathers " understanding or knowing of their sons' recusancy, that " the persons being themselves recusants or husbands or' " fathers of such recusants shall forbear to exercise the 328 yustices of the Peace for the County of Devon. " offices of Justice of the Peace and shall be left out of the " Commission of Peace during the time of such recusancy " of themselves, their wives, or sons and heirs. And to the " intent that this her Majesty's determination may take " effect without delay, we will that you shall forthwith give " notice to every such Justice within that county of this "heir Majesty's last determination for their forbearing from " exercise of their offices upon the causes next here above " alleged, so as they may be withdrawn out of the commis- " sion for that county. So, nothing doubting of your good " care in the accomplishment hereof according to her " Majesty's pleasure and expectation, we bid you heartily " farewell. " From Hampton Court, the 20th of October, 1592. " Your very loving friends, " Jo. PUCKERINGE, C.S. " T. BUCKHURST. " W. BURGLEIGHE. {sic) " Ro. CECYLL. " C. HAWARDE. (sic) " J. WOLLEY. "J. HUNSDON. " J. FoRTESCUE. " Postscript. — We require you all that are named in the "writ of Dedimus Potestatem that yourselves will first " openly in Sessions take the oath, one of you administer- " ing to the other, saving that the Lords of Parliament are "excepted by the Act from taking the oath of supre- " macy." With this letter were sent copies of the writ of Dedimus Potestatem, of the oath of a justice, and of the oath of supremacy. The oath of a justice is identical with that taken in the reign of Queen Victoria. The four Commissioners executed their office, and re- turned the following letter : — r •'Our humble duties to your good Lordships remem- ytistices of the Peace for the County of Devon. ^ 329 " bered. These may be to advertise you that, according to " the tenor of your Lordships' letters to us directed, bearing "date the 20th of October last, for the administration of " the oaths to the Justices of the Peace in this county of " Devon, annexed to her Majesty's writ of Dedimus Potes- " tatem, in like sort to us addressed for the same cause, we " (in open Sessions held at the Castle of Exeter the " 24th day of this present November) have thoroughly " accomplished our duties in that behalf, and made return " of the said writ of Dedimus Potestatem unto the Chancery, " as to you our very good Lord the Lord Keeper shall by " the same return more at large appear. The which we " humbly leave to your honourable considerations, and our- " selves to your accustomed favours, praying God long to " preserve your Lordships in all honour. " From Exeter the 25th day of November, 1592. " Your Lordships' humble to command, — " W. Bathon. " John Gilberte. " W. Courtney, {sic.) " Fra. Drake." The return referred to is in Latin, and contains fifty-five names, a complete list of the Justices of the County of Devon. One of these, as we shall find, died about this time, making the actual number fifty-four. I have never seen it stated that the number was limited, but I think there is some reason to believe that it was. Twenty years afterwards, when James L was levying a benevolence, another list was entered in the Sessions Books, and that list contains exactly fifty-four names. The number at present is unlimited, and I believe is not far from four hundred. Thirty-four Justices appeared and took the oaths in open court. Two were sworn before the Lord Keeper at 330 yustices of the Peace for the County of Devon. Hampton Court. Five, being Justices for Cornwall also, were sworn at Bodmin. Nine, most of whom seem to have been lawyers, were absent from the county. Two were prevented from coming by age and infirmity. One was not living in the county. One, being Sheriff, could not act as a Justice, and the administration of the oath to him was therefore deferred. And one of those named in the Com- mission had recently died. I propose now to run rapidly over the names of these fifty- five Justices, and I shall be obliged for any informa- tion that may be given me respecting those of whom I know nothing. William Bourchier, Earl of Bath, was for many years Lord Lieutenant of Devon. He lived at Taw- stock Court, near Barnstaple. He seems to have been the only peer in the county at this time, as the Earl of Bedford was seldom resident, and the titles of the great houses of Courtenay and Seymour had been forfeited, or were in abeyance. He married, at Bedford House, Exeter, in 1582, Elizabeth Russell, daughter of- the Earl of Bedford. The Countess is one of the characters in Kingsley's Westwar(f Ho ! The Earl, being Lord-Lieu- tenant, must have had a great deal to do with organizing the defences of the county during the period preceding the approach of the Armada. If the letters and other documents that must have been in his hands at that time could be discovered, it is probable that they would form a most important addition to the history of Devon, if not of England. I am informed, however, that nothing of the kind has been preserved by his descendants. There are many letters of his in the Calendars of State Papers for the reigns of Elizabeth and James I. I may mention , yustices of the Peace for the County of Devon. 33 1. that the editor of those calendars, never having heard of Tawstock, enters all these letters as dated from Tavistock. The Earl died in 1623, and was succeeded by his son Edward, at whose death in 1636 the title became extinct. His estates at Tawstock and elsewhere passed to his daughter Anne, who married first the Earl of Middlesex, and secondly Sir Chichester Wrey^ ancestor of Sir Bour- chier Wrey, who now represents the ancient family of Bourchier. The next Justice on the hst is the Bishop of Exeter. It is recorded that at one time during the reign of Eliza- beth, the Bishop tried to exercise jurisdiction within the city, but was resisted successfully by the Mayor and other authorities. The county Justices were more polite. The name of the Bishop appears frequently in the list of those present at Quarter Sessions, and, as it appears first, I infer that he was placed in the chair. The Bishop at this time was John Wolton, a native of Lincolnshire. He seems to have been a distinguished preacher on the Protestant side, and was forced to fly to Germany during the reign of Mary. He was Bishop of Exeter from 1578 to 1593. He was buried on the south side of the choir of the Cathedral, in a tomb adorned with an epitaph abound- ing in puns and rhymes about " ingenium genium," " busta perusta," " Ultonus tonus," and so forth. He wrote a work entitled The Christian Manual, or Of the Life and Manners of True Christians, which has been published by the Parker Society. Edward, Dominus Seymour, as he is here called, was no doubt Sir Edward Seymour, head of the great family that dwelt at Berry Pomeroy Castle. He was eldest son of the first Duke of Somerset, whose sister was. 332 Jtistices of the Peace for the Cotmty of Devon. married to Henry VIII., and who was Protector of the Realm in the time of his nephew Edward VI. On the fall of the Duke, his honours were forfeited, but his son may per-' haps have been sometimes called Lord Seymour, as having borne that title by courtesy in the lifetime of his father, which would account for his being entered as Dominus. He was generally known as Sir Edward Seymour, and sat in Parliament for the County of Devon. He was Sheriff in 1583, and commanded a regiment of militia in 1588. The present Duke of Somerset is a direct de- scendant of his, as also was the famous Sir Edward Seymour, leader of the Tory Party in the Parliaments of Charles II. Sir William Courtenay of Powderham Castle was, I need hardly say, an ancestor of the present Earl of Devon, and the representative at that time of one of the noblest names of Europe. He ought to have been Earl of Devon himself, as heir male of the Earl who died at Padua in 1566. But he appears never to have claimed the title, nor did his descendants until the reign of Wil- liam IV, when their, right to it was established, after it had remained dormant for two hundred and sixty-five years. He was Colonel of a regim.ent of militia. High Sheriff in 1581, and in 1585 was employed as what was called "one of the undertakers for the better planting of Ireland." He obtained the estate in that kingdom still enjoyed by his descendants. He married Elizabeth, daughter of the Earl of Rutland. There is extant a funeral sermon preached on the Lady Elizabeth Courtenay at Chudleigh in 1605, but this may have been his mother, who was also named Elizabeth. He married secondly the widow of Sir Francis Drake, and thirdly a Mistress yustices of the Peace for the County of Devon. 333 Bruerton of Taunton. He died in 1630. His son married a daughter of Sir Edward Seymour, the first Baronet. Sir John Gilbert, of Greenway near Dartmouth, and of Compton Castle near Torbay, was one of a most illus- trious brotherhood. His younger brothers were the dis- tinguished sailors Humphry and Adrian Gilbert, and his half-brother bore a still more famous name, Walter Raleigh. Sir John, as the eldest brother, did not lead so adventurous a life as the others, but he had a very con- siderable share in providing for the home defences of the country. He was knighted in 1570, and was Sheriff in 1572. In 1588 he seems to have been entrusted with the care of a large number of Spanish prisoners, and, if we may beheve Sir George Gary's letters preserved in the State Paper Office, I am afraid he did not take much trouble to prevent their being starved to death, though he made 160 of them work in levelling the grounds about his own house. There was plenty of sherry on board some of the Spanish vessels, and George Gary wrote ; "Though I have spoken and written to Sir John Gilbert,, to understand of his proceedings and of what is becum of all the wynes I left in his custody, yeat I can receave no directe answer from him ; but this I know by others, that all the best wynes are gone ! " I fear the great men of Ihe West in the times of Queen Bess had a certain taste for Spanish plunder. Cecil said of one of them, " On my faith I do think him wronged in this, albeit in other thir>gs he may have done as a Devonshire man ! " i. e. a buccaneer. Sir John Gilbert is said to have been Custos Rotulorum of Devon, but I do not find this mentioned in the county records. He seems to have died shortly after this time, and both he and his wife, a daughter of Sir Richard 334 y^isiices of the Peace for the Cotmty of Devon, Chudleigh, were honoured by a stately monument in Exeter Cathedral. He left no child, and was succeeded by his brother Sir Humphry, from whom is descended Col. Walter Raleigh Gilbert, of the Priory, Bodmin. Sir Francis Drake is the next on the list, but if I were to enter upon his biography, I should have to devote a whole lecture to it. It appears to me that the " old warrior,"a s Devonshire folk called him, really did more than any other man, or any other three men, to found the present British Empire. He was literally " Curibus parvis et paupere tecto Missus in imperium magnum." His parentage is scarcely known. According to one story, the paternal mansion in which he was born was a boat turned bottom upwards. He was apprenticed to the captain of a small vessel, which he inherited from his master. The vessel was taken by the Spaniards, and Drake lost everything he possessed. He made a personal quarrel of it, and declared perpetual war against the King of Spain, How " the name of Francis Drake rang through the world, and startled Philip in the depths of the Escurial," has been told by many historians. We all know how, in his own words, he "singed the King of Spain's beard," by burning thousands of tons of shipping under the guns of his forts ; how he avenged his early loss by the capture of hundredweights of gold, and tons of silver; how> in the crowning fight with the Armada, — " When that vast fleet of Spain Lay torn and scatter'd on the English main," he fulfilled the intention he had previously expressed, of " so handling the ftiatter with the Duke of Sidonia, as that yustices of the Peace for the County of Devon. 335 he shall wish himself back at St. Mary's Port among his orange-trees." What education he received I do not know, but the quaint felicity of his sayings and letters seems to me almost as remarkable as his actions. Take for example, the few words in which he summed up the his- tory of the Armada, ending with, " As for the Prince of Parma, I take him to be like a bear robbed of her whelps !" I know nothing more romantic than the story of how he climbed up a high tree on a mountain above Panama, and, first of all Englishmen, beheld the vast expanse of the Pacific Ocean stretch before him illimitably, and how he prayed to Almighty God " to give him life and leave once to sail an English ship in those unknown seas." We know that that prayer was heard. Of all Englishmen, he was " The first that ever burst into that silent sea," and the first of all men who succeeded in sailing round the globe. He was knighted by Queen Elizabeth in 1581. In the intervals between his voyages he purchased Buckland Abbey, married a daughter of Sir George Sydenham, served the office of Mayor of Plymouth, acted as a Justice for Devon, and accomplished the great work of bringing a stream of water into the town of Plymouth. But it was not fated that his bones should rest in his native county. The great sailor died in 1596 on his own element. According to the ancient ballad, — " The waves became his winding-sheet, the waters were his tomb ; But for his fame the ocean sea was not sufficient room." Edward Seymour, son of Sir Edward, was Sheriff in 1606, and was created a Baronet in 161 1, the first who 33^ Justices of the Peace for the County of Devon. attained that rank in Devonsliire, and one of the first in England. He married a daughter of Sir Arthur Champer- nowne. He died in 1613. There is extant a funeral sermon on him, entitled "The Barronett's Burial," by Barnaby Potter, B.D., who was afterwards Bishop of Carlisle. Hugh Fortescue, of Filleigh and Wear Gifford, an ancestor of Earl Fortescue. He was admitted student of the Inner Temple in 1562. He married Elizabeth, sister of Sir Arthur Chichester, Lord Deputy of Ireland. William Abbott, of Hartland, was son of William Abbot, Serjeant of the cellar to Henry VIII., who ob- tained a grant of the Abbey and lands of Hartland, at the time of the dissolution of the monasteries. This William Abbot was sheriff in 1607, and died in 1609. He left no son, and one of his co-heiresses married Andrew Luttrell. Tristram Gorges, of Budokshed, in the parish of St. Budeaux. His daughter married her cousin Sir Ferdi- nando Gorges, who became commandant of the fortress of Plymouth in 1595, and held that post for thirty-three years, Sir Ferdinando was a Justice for Devon, and his name occurs very frequently in the records of subsequent Sessions. He appears in the history of England as hav- ing behaved very discreditably in connexion with the trial of Essex, But in a pamphlet written by Mr. Tuttle, of Boston, Massachusetts, who shows a roost minute ac- quaintance with the Devonshire families, Sir Ferdinando Gorges is elevated to a place among the heroes, Raleigh, Drake, and Gilbert. Mr. Tuttle declares that he was the real "founder of English empire in America," that he directed the course of colonization from his post at Ply- yustices of the Peace for the County of Devon. 337 mouth, and that, without his action, "it is doubtful whether England would ever have come to the possession of an acre of American territory." George Wyott appears to have lived at Braunton. Richard Sparry had a " house in St. Peter's Church- yard," Exeter, as we find by a subsequent entry. Richard Bampfield was head of the ancient house of Poltimore. He was Sheriff in 1576. He married Elizabeth, daughter of Sir John Sydenham. (All the ladies in this reign appear to have been called Elizabeth.) He died in 1594. His son Amias y/as created a baronet. Thomas Wyse, of Sydenham and of Mount Wise, close to Plymouth, sat in the House of Commons, and was created a Knight of the Bath at the coronation of James I. He was Sheriff in 1612, and died in 1629. His representa- tive in the female line is J. H. Tremayne, Esq., of Syden- ham and Heligan, M.P. for Cornwall. The younger branch is represented by John Ayshford Wise, Esq., late IVI.P, for Stafford. Edward Ameredith, of Crediton and Slapton, son of Griffith Ameredith, who was Sheriff of Exeter. I am sorry that this pretty name is only kept alive by a charity which he and his father founded for providing shrouds for poor prisoners hanged at Exeter, " and not leaving sufficient to buy a shroud ! " Edmund Parker, of North Molton, an ancestor of Lord Morley, was Sheriff in 1600. Robert Drake was of Wiscombe Park, in the parish of South Leigh. He was brother of Sir Bernard Drake of Ash, a famous soldier and sailor, who occupies a place among Prince's Worthies, and who, according to the old story, (which deserves to be true,) objected to the great Sir Z 33^ Justices of the Peace for the County of Devon. Francis assuming the arms of that ancient family. John Churchill, Duke of Marlborough, was born at Ash, his mother being a daughter of that house, now represented by Sir William Drake of Oatlands, Surrey, and Thomas Tyr- whitt Drake, Esq., of Shardeloes, Bucks. Hugh Ackland (sic), of Ackland in Landkey, was the head of the well-known family now represented by Sir Thomas Dyke Acland, Bart. He married in 15,85 Margaret, daughter of Thomas Monk of Potheridge, and great-aunt of General Monk. John Ackland, of Columb John, brother of the pre- ceding, is one of the Worthies of Devon. He inherited his mother's estates in Middlesex. He was long in Parliament, and was knighted at the accession of James I. He was Sheriff in 1609. He bought the estate of Columb John, and built the house and chapel. He also built the hall of Exeter College, Oxford, and founded various charities, of which the City of Exeter administers at present nearly 400/. a year. He married first a daughter of George Rolle,Esq., and secondly a daughter of Sir William Portman, but had no children, and his estates were inherited by his nephew Sir Arthur. He died in 161 3, and his " very stately monument " may be seen in the church of Broad Clyst. George Gale, of Crediton, is recorded to have been very active in hunting down " Popish recusants." It has been suggested that his zeal was not quite disinterested, as he held a good deal of church property. Antony Mouncke {sic), of Potheridge in the parish of Merton, brother-in-law of Hugh Ackland, and grand- father of George Monk, Duke of Albemarle. Thomas Heale (sic), of Wisdom, afterwards of Flete, was Sheriff in 1601. The name of this family, once the yustices of the Peace for the County of Devon. 339 "most prosperous and widely-extended in Devonshire, is now kept alive only by Hele's School in Exeter and othe^ charities founded by Eliseus Hele. It is recorded that, when one of them was Sheriff, he summoned a Grand Jury consisting of 23 gentlemen of his own name. The Judge hearing the name of " Hele of Wisdom " called among the rest, observed that he thought they must all be " of wis- dom " to have attained such prosperity. William Walrond of Bradfield, where the family has been seated since the reign of King John. He was Sheriff in 1 596. His present representative is Sir J. W. Walrond, Bart. William Kirkeham, of Blagdon and Pinhoe, after- wards knighted, was Sheriff in 1586. There is a fine chantry in the parish church at Paignton, erected by this family. According to the Sessions books of the reign of James, Sir William and Lady Kirkham appear to have been frequently in trouble for not attending Church, and for not taking the oath of allegiance. Summonses were issued against them, and Sir William did at last take the oath, but I do not find that Lady Kirkham ever did. She appears to have belonged to an old Roman Catholic family in Hampshire, which has been occasionally mentioned in our time. Would you be surprised to hear that her maiden .name was Tichborne .'' Edward Whiddon, of Chagford, son of Sir John Whyd- don, Justice of the King's Bench, who is one of Prince's Worthies. Robert Dillon, of Chimwell, in Bratton Fleming. Like Hugh Fortescue, he married a sister of Sir Arthur Chichester. Humphrey Speccott, of Speccott in Merton, Sheriff in 1585. z 2 340 Justices of the Peace for the County of Devon. George Gary, of Glovelly, Sheriff in 1587. He is in- troduced by Mr. Kingsley into his Westward Ho, and his son is Amyas Leigh's chief companion. William Grymes was afterwards knighted, and was Sheriff in 16 10. His predecessor was the original grantee of Buckland Monachorum at the Reformation. . Roger Giffard, of Tiverton Gastle, was son of Sir Roger Giffard of Brightleigh. He died in 1603, aged seventy, and was buried at Tiverton, and commemorated by a very long Latin epitaph. Prince assures us that he was a very eminent person, but he does not know why, except that he married successively three rich widows, " which greatly increased his estate," Arthur Harries [sic), of Gherston, was half-brother of Sir Thomas Harris, Serjeant-at-law, whose name occurs afterwards. Thomas Reynell, of Ogwell, built West Ogwell House in 1589, and was knighted at the coronation of James I. This family was long one of the most distinguished in the West of England. Three brothers of Sir Thomas were also knighted. William Strode, of Newnham, also of a famous family. He was Sheriff in 1593, and knighted in 1597. He died in 1637, aged seventy-six. He was father of Richard Strode, M.P.forPlympton,and also of William Strode, the celebrated parliamentary leader, M.P. for Beeralston in 1640, and one of the five members whom Gharles I. attempted to seize. William Pole, of Colcombe and Shute, a distinguished lawyer and antiquary, treasurer of the Inner Temple, and author of the Description of Devonshire and several other works. He married a daughter of Sir William Peryam, Chief Baron, of whom I have to speak presently. He was jftcstices of the Peace for the County of Devon. 341 Sheriff at the time of the accession of James I., and was knighted in 1606. He is one of Prince's Worthies. The next two, being attached to the Court of Elizabeth, were sworn in at Hampton Court before the Lord Keeper Puckering. Sir Thomas Denys {sic), of Bicton and Holcombe Burnell, was knighted in Holland by the Earl of Leicester in 1586, and was Sheriff in 1594. He married a daughter of the Marquis of Winchester, and left two daughters, one of whom married Sir Henry Rolle of Stevenstone, and made the Rolle family the largest land-owners in the county of Devon. His grandfather Sir Thomas Dennis, one of Prince's Worthies, was a Privy Councillor of Henry VHI. and 'acquired enormous estates at the dissolution of the monasteries. He lived in the reigns of eight Sovereigns of England, and was eight times Sheriff of Devon. He is said to have also been Custos Rotulorum. George Cary, of Cockington, was the head of one branch of that famous family, who were connected with the great Queen herself One of them married a sister of Anne Boleyn, and his son was created Baron Hunsdon and a Privy Councillor by his Royal cousin. GeOrge Cary com- manded a regiment of the Devonshire militia at the time of the Armada. He sat in Parliament for the county. He was afterwards employed in Ireland, was knighted in 1597, and appointed Treasurer of Ireland in 1598, and Lord Deputy in 1603. He lived till 1617, and acquired large estates in addition to his patrimony. He is of course one of Prince's Worthies, and many details respecting his life and family have been published by Mr. Dymond, to whom I am indebted for much information respecting him and several other justices. The Cary family lost Cocking- 342 Justices of the Peace for the County of Devon. ton during the Civil War, but in 1662 they acquired Tor Abbey, where they are still seated. The next five were also Justices for Cornwall, and took the oaths there before Sir Francis Godolphin, Sir William Bevill, and George Kekewiche, Esquire. Peter Edgcombe, ancestor of the Earl of Mount Edgcumbe, was son of Sir Richard, who built the well- known mansion of the family, and is one of Prince's Worthies. He was M.P. for Cornwall, and Sheriff of Devon in 1565. He died in 1607. Richard Carew, of Antony, where the family is still flourishing, was the author of the Survey of Cornwall. His mother was an Edgcombe, and he was born in 1555. He was one of the Quorum in Cornwall in 1581, Sheriff in 1586, and Deputy Lieutenant and Colonel of a regiment in 1599. He was one of that early Society of Antiquaries formed by Sir Robert Cotton, Sir J. Dodderidge, Camden, Stow, and others. He died in 1620, and was honoured by a splendid monument in the church of East Antony. Anthony Rous, of Edmerston and Halton, was of the family previously seated at Modbury. He was one of the executors of Sir Francis Drake. He was twice Sheriff of Cornwall, M.P. for East Looe in the reign of Elizabeth, and for Cornwall in the reign of James I. The family is now settled in Glamorganshire. Christopher Harris, of Radford in Devon, and Trecar- rell in Cornwall, M.P. for Plymouth, was knighted in 1607, and died in 1624. He was also one of the executors of Sir Francis Drake. John Wrey, of Wrey in Devon, and Trebigh in Corn- wall,, was Sheriff of the latter county in 1586. He was an ancestor of Sir B. P. Wrey. ytistices of the Peace for the County of Devon. 343 The next nine justices were those returned as absent from the county. Sir William Peryam, one of the justices of the Common Pleas, and raised to be Chief Baron about this time. His father was Mayor of Exeter, and he himself bought the estate of Little Fulford, now Shobrooke, near Crediton. His third wife was sister of Lord Bacon. He died in 1604, aged seventy. I need hardly add that his life has been written by Prince. His representative is Sir Alexander Bateman Periam Acland Hood. Edward Drewe, Serjeant-at-law, is also one of the Worthies- He was Recorder of Exeter and of London, and acquired the large estates of Killerton in Broad Clyst (now Sir T. D. Acland's) and the Grange in Brpadhembury, where his descendants still reside. He died in 1622, and was honoured by a sumptuous monument in the church of Broad Clyst. Thomas Harris, Serjeant-at-law,anotherof the Worthies, was knighted at the coronation of James I. He died in 1610, and was buried at Cornworthy. He was half-brother of Arthur Harris, who was mentioned before. John Glanvyle, of Killworthy, also a Serjeant-at-law, and one of the Worthies, was made a Justice of the Common Pleas in 1598, and knighted. He died at Tavistock in 1600, and was buried in the parish church, where his stately monument may still be seen. His descendants are seated at Catchfrench in Cornwall. John Hele, of Wemberry, near Plymouth, recorder of Exeter in 1593, made Serjeant-at-law in 1594, and knighted at the coronation of James L He too is one of the Worthies. Edmund Prideaux, also one of the Worthies, and a 344 Justices of the Peace for the Cotmty of Devon. distinguished lawyer, founded the family of Prideaux of Netherton, He was a younger son of Roger Prideaux of Soldon, Sheriff in 1 578. He was created a Baronet in 1622, and died in 1628; The baronetcy became extinct at the death of Sir Edmund Prideaux in 1875. Hugh Pollard, of King's Nympton, afterwards knighted, was son of Sir Lewis Pollard, one of the Judges of the Common Pleas, who may be found among the Worthies. Sir Lewis had eleven daughters and eleven sons, of whom four were knighted. Hugh had the honour of beipg Sheriff of Devon in 1588, and is therefore the one coin- memorated by Macaulay in his ballad of "The Armadi :" " With his white hair unbonneted, the stout old sheriff comes ; Behind him march the halberdiers ; before him sound the drums ; His yeomen round the market cross make clear an ample space; For there behoves him to set up the standard of Her Grace." His daughter married an ancestor of Sir Stafford North- cote, and became the mother of Sir John Northcote, the first baronet, member for Ashburton in the Long Parlia- ment, and member for Devon in 1660. Thomas Ridgeway, of Torwood, Sheriff in 1590 and 1599, and knighted in the latter year, was sometime M.P. for the county. He was Commander-general and treasurer of the wars in Ireland under James I., created a Baronet in 1612, and afterwards Earl of Londondeny. He acquired Tor Abbey in 1598. He died in 1620, and his monument may be seen in Tor Church. I need hardly say that his biography is to be found in Prince. . Thomas Prideaux, probably of Orcharton in the parish of Modbury, the head of the family from a younger branch of which Edmund Prideaux was descended. yustiees of the Peace for the County of Devon. 345 The next two Justices were prevented by age and infirmity from coming to the Sessions. Sir John St. Leger, of Annery, near Bideford, a name familiar to the readers of Westward Ho. He was Sheriff in 1560. One of his daughters married the great Sir Richard Grenvile, and another married Tristram Arscot, who bought Annery. Thomas Southcott, probably of'Mohun's Ottery, Sheriff in 1557 and 1569. Of Robert Crosse the Commissioners reported that he was not living in the county, and had no lands in it to their knowledge. I do not pretend to know more about him than they did. But, if one were to make a guess, I should say that the officials in London may perhaps have translated the ancient British name Cruwys, still borne by one of the oldest families in Devonshire^ into the modern English Crosse. Sir Robert Denys was reported to have recently departed this life. He was father of Sir Thomas, whom I have already mentioned. He was Sheriff in 1556 and 1567. He built the mansion and made the park of Bicton, where had formerly been the prison of the county, and which is now the seat of Lady Rolle. Richard Champernowne, whose swearing in was postponed on account of his being Sheriff for the year 1592, was no doubt of the ancient family of Champernowne of Modbury, now of Dartington. He was knighted in 1599, and was, I believe, -the elder brother of Sir Arthur Champernowne, who was knighted by Essex in the Irish war, and who occupies a place among the Worthies of Devon, like so many others whom I have had occasion to mention. 34^ Justices of the Peace for the County of Devon. You may perhaps have noticed the absence from this list of the greatest man, perhaps, of that age, who was un- doubtedly a Devonshire man, and at one time M.P. for the county. Sir Walter Raleigh was not a Justice for Devon, because he was Lord Warden of the Stannaries, and there- fore held an independent jurisdiction over a great part of Devon, as well as over Cornwall. I have now run through the list of the fifty-five Justices, I fear at too great length, though I have omitted a great mass of information which has come to my knowledge. I was thinking at one time of hitching them into a ballad after the manner of Macaulay, or rather of Homer ; — " Bourchier, whose stately mansion O'erlooks the brimming Taw ; Seymour, whose haughty father Rose above king and law ; Sir Francis Drake of Buckland, Who smote the Spaniard down ; And Courtenay, whose ancient kin Grasp'd the Byzantine crown ! " Probably most of you do not care much for archaeologi- cal and genealogical studies, nor, to say the truth, do I, except as they illustrate general history. But I maintain that it is not without importance to our knowledge of history that we should understand what manner of men were the Justices of the Peace in the reign of Elizabeth. And I venture to say that my story has proved that the Justices of Devon at least at that period were a very dis- tinguished body of men. There were only fifty-five of them, and they must have been selected from a consider- able number of country gentlemen. In Cornwall at the same time there were only thirty. How many esquires justices of the Peace for the County of Devon. 347 there were entitled to bear coat-armour, I do not know, but there were certainly several hundreds. We know of many families flourishing at the present day who were cer- tainly flourishing at that time, such as the Northcotes, Fulfords, Chichesters, Quickes, and so on, who are yet not included in this list. The representatives of some of them may have been minors. The representatives of others may have been serving their country at sea, or in the Irish wars, as was the case with the head of the great house of Chichester. But, even after these deductions, I think we must suppose that many of them were not appointed because they were not considered fit for the office. I do not mean that the Government of Elizabeth appointed justices by competitive examination, but I do believe that a good deal of care was taken in their selection. For one thing, it was not safe for a justice to act unless he had a certain knowledge of Latin. All law proceedings were in Latin, and a justice who was unacquainted with that tongue would constantly have to sign papers that he did not understand. Again, it was not safe for a justice to act unless he had a certain knowledge of law. Justices' clerks were not a regular institution. Those that did exist were often not attorneys, and those that were attorneys were often of a very diff"erent class from the solicitors of our day. We find that it was at that time almost a regular part of a country gentleman's education to read law for two or three years at the Inns of Court in London. Even Master Robert Shallow was of Clement's Inn. In our list we find several professional lawyers, of whom one was Chief Baron, one was a Judge, and four were Serjeants-at- law. The Court of Quarter Sessions exercised the power of life and death, and I believe it was the custom for at 348 yusiices of the Peace for tJie County of Devon. least one serjeant-at-law to be present at the trials of prisoners. Some of the more eminent justices were " of the qmoruml' and certain matters could not be transacted without the presence of one or more of them. But, if the Commission of the Peace was in itself a dis- tinction, many of those in my list attained far higher honours. Only one, the Earl of Bath, held an hereditary title, and he was Lord Lieutenant. That office was not hereditary, and it comprised the command of several thousand men, on whom, there being no standing army, the safety of the country depended to a great extent in very dangerous times. Of the rest, one was a Bishop, and one rose from the rank of a country squi're to an Earldom. Two of them wrote County Histories which are still of high account. As there was only one Peer in the county, and the order of Baronets did not then exist, the rank of a Knight conveyed an importance very different to that which we attach to it, and that rank was attained by at least twenty-three out of the fifty-five. Baronets were not created until nearly twenty years afterwards, yet three of our list lived to attain that honour. It must be remembered that the list consists mainly of landed proprietors, or of eldest sons of landed proprietors, without that stimulus to seek fortune and honour which is supplied in the case of those who are otherwise circumstanced. I am inclined to think that no similar body could give a better account of themselves than that furnished by the Justices of the Peace of the County of Devon in the year 1592. 349 THE JURISDICTION OF THE LORD WARDEN OF THE STANNARIES IN THE TIME OF SIR WALTER RALEIGH. (Read at Ashburton, July, 1876.) \ReprinteA from the Transactions of the Devonshire Association for the Advancement of Science, Literature, and Art. 1876.] In the reign of Queen Elizabeth a conflict of jurisdiction arose between the deputy-lieutenants and justices of Devon on one side, and the officers of the Stannaries on the other. Among the county records is a copy of a letter from the Queen, " Given under our signet at Nonesuch, the 27th day of June, in the 31st year of our reign," mentioning that the " privileges, liberties, and immunities " of the tinners and duchy tenants of Devon and Cornwall had been of late infringed " by some that had intermeddled with the govern- ment of the tinners," and had " by foreign authority charged and rated them for divers payments without consent of their warden." The letter proceeds to confirm in the fullest manner the ancient customs and privileges of the Stannaries, and commands " that no sheriff, commissioner, or other officer whatsoever, do from henceforth muster, rate, or charge any of our tinners, or duchy tenants, or otherwise offer any grief, molestation, or disturbance to the jurisdiction of the Duchy or Stannaries ; neither do convent, precept, or compel any 350 The Jurisdiction of the Lord Warden^ etc. bailiff or officer of the Stannaries, or any of the tinners or duchy tenants, to answer for any abuses arising or growing within the said Stannaries, determinable there." I should quote this letter at length, but I find that it has been already printed in Westcote's View of Devonshire, p. 87. I have found among the county records some other matters bearing upon thjs conflict of jurisdiction, which I propose to bring before the Association. The first is a letter from Sir Walter Raleigh, who then held the office of Lord Warden of the Stannaries : — " To my very loving friends the Justices of Peace of the County of Devon. " After my very hearty commendations. Complaint hath " been made unto me by Peter Burges, Richard Lanxford, " William Stockman, and Anthony Sleeman, tinners within " the County of Devon and Constables of Hundreds and " several parishes there, that they have been summoned to "appear before Mr. Serjeant Glanvyle, and refusing to con- " tribute towards the reparation of a private bridge (induced " thereunto for the maintenance of the charter and customs "of the Stannaries), were compelled to enter into recog- " nizance for their appearance at the last Sessions holden in " Devon, and do yet stand bound for answering their refusal " therein at your next Sessions, contrary to their said " Charter and her Majesty's late letters. Forasmuch as the "said bridge was in former time accustomed to be repaired "by the borough of Okehampton at the charges of the " inhabitants, and for that tinners are not usually constrained "to yield to any taxations and impositions for repairing of " bridges out of their own hundreds and parishes, being " continually charged with expense bestowed upon the ruins The y iirisdiction of the Lord Warden^ etc. 351 " of their own, and not holpen with any contribution from " other hundreds, I have thought good to signify unto you " that in mine opinion they ought to be forborne in any of "these courses, and do therefore pray you to discharge " them of their recognizances for further answering this cause, " and to desist from demanding any rate or tax which is " over-burdensome to poor men is regard of their daily " travel and disbursements employed about the mines. If " you do persist in the contrary, I shall be urged to have the "cause heard before the Lords of Her Majesty's Privy " Council, and then, if it shall appear that they ought to " contribute, I will by my authority cause them to yield to " any reasonable charge that shall be thought indifferent. " And so I commit you to God. From Durham House. "The 15th of February, 1592. Your loving friend, "W. Raleigh. " I will myself give order that the tinners shall contribute " unto the bridge if upon examination I find cause to urge " them thereunto, but not by any foreign authority." The postscript seems to me rather characteristic of some of the less admirable qualities ascribed to the great Sir Walter by his biographer, Mr. St. John: "insatiable in the pursuit of power, and not over-scrupulous in the use of it." I suspect there was a shaip correspondence between him and the Justices of Devon, which might be of considerable interest, if we could recover the whole of it. In the records of 1595, three years afterwards, I find the following epistle : — " A Letter written by the Justices unto Sir Walter Raleigh. "Sir, — We have received your letter, by the which we " perceive that you are informed that some of us have gone 352 The Jurisdiction of the Lord Warden^ etc. " about to intermeddle in your jurisdiction of the Stannaries. " We find by due examination that you are misinformed by " some inadvised and indiscreet persons, who, we think, " rather desire to set some discord between you and us than " to uphold your liberties, which we noway go about to in- " fringe. We have bound Robert Lake and George Martyn " to their good behaviour till the next sessions, for divers " misdemeanours committed by them, noway concerning you "or your office. And where you write that Voysy and " Wright have delivered slanderous and scoffing speeches " touching your late occasion at sea, we have examined the " said parties and as many others as could best inform us, " and find no such matter ; for if we had, you should assure " yourself we would have dealt in it according to the quality of " the offence. These with our very hearty commendations.'' We may be quite sure that the privileges and immunities of the Stannaries led to many frauds and abuses, as such things usually do. The last order of Sessions entered during the reign of Elizabeth relates to the subject. I may mention that I have modernized the spelling in this and the preceding documents. The term foreigners was habit- ually employed to signify all who were not " tynners." " Order for contribution to the Queen's service by foreigners and tinners. " Upon a general complaint made unto this Court that " divers of the principal inhabitants of sundry parishes within " this county have of late time very fraudulently interested " themselves in some tinwork, under colour thereof to be " protected and discharged against the general and necessary " charges for the service of her Majesty, wherewith they have " in former times been indifferently rated and taxed, together The ywrisdiction of the Lord Warden^ etc. 353 " with the rest of the inhabitants of the said parishes. It is " therefore thought fit by this Court, and so ordered, that " such as are newly crept in to be tinners, at any time "within six yearslastpast.jof purpose to exempt themselves " from any charge of her Majesty's service, or have at any " time contributed with the foreigners within six years last " past, and which have not been ancient tinners, or to whom " any tinwork isnot descended or acquired by marriage, shall "from henceforth pay to all services of her Majesty with " foreigners, as before^ their so making themselves tinners " they have and were accustomed to do and pay, so as the " foreigners of the said parishes, or the greater number of " them, shall or have not wilfully refused to contribute in " equal charge with such as are accounted tinnerS within the " said parishes ; and also that as well the parishioners of " Lamerton, as others now in this Court in question for the " same, shall pay all such charges as formerly have been " imposed upon them. And this order is conceived to agree " with the pleasure of the Lord Warden in this behalf " formerly signified unto this court, and not with any intent " to make wilful breach of the privileges rightfully belong- " ing to the court of Stannary or to the authority of the " Lord Warden in that behalf" The last sentence shows the fear that the justices enter- tained of the illustrious Sir Walter. His power, I need not say, soon came to an end under the new sovereign. In 1604 he was superseded by the Earl of Pembroke in the office of Lord Warden of the Stannaries. A a 354 THE CASTLE OF EXETER. A Paper read before the Members of the British Associa- tion ON THEIR Visit to Exeter, August i8, 1877. Greatly to my surprise, I was informed, a day or two ago, that I had been told off to show the Castle to the members of the British Association. Had the task been one requiring any technical knowledge of architecture, I should certainly have been compelled to decline it. Un- fortunately, the state of the Castle is such that there are very few architectural features remaining, and its interest must be considered historical, rather than architectural. The distinctive interest that I venture to claim for the Castle of Exeter is this, that it is one of tlie very few spots in this country which have undoubtedly been inhabited by man from pre-historic times continuously down to the present day. There can, I imagine, be little doubt that this spot was a British camp or fortified town before the Romans ever set foot in Britain. It is a place peculiarly well adapted for defence in the ages before artillery was invented. The site of the City of Exeter, as you may observe, is an elevated platform of a rude oblong form, approaching indeed to the form of a triangle. The basp is formed by the valley of the Exe. On the north side, speaking roughly, it is bounded by the deep glen now occu- pied by the London and South Western Railway. On the The Castle of Exeter. 355 south is a smaller glen, which may be seen from the Mag- dalen Road and Holloway. On the east it is connected with the country beyond by a narrow neck of land, along which runs St. Sidwell's Street. Its form is in fact some- what like that of the domestic fire-shovel, the edge being towards the river, and the handle being St. Sidwell's Street. The northern corner of this platform is occupied by a knoll, rising pretty steeply to the height of about 200 feet above the sea level, and formed by an upheaval of trap rock of a reddish colour, which gave rise to its Norman name of Rougemont, well known to all readers of Shakespeare, and, though this had been alluded to before, I feel that I must again quote it. " Richmond ! When I was last in Exeter, The Mayor in courtesy shewed me the Castle, And called it Rougemont ; at which name I started. Because a bard of Ireland told me once I should not live long after I saw Richmond !" This knoll, as I said before, is so conveniently adapted for defence, that it was held and fortified by the Britons at a very early period. They dug out a ditch round it, and excavated the earth and rock on the crown, and with the materials they threw up the high bank which formed the original camp or Castle of Exeter, and which, through all changes, remains for the most part to this day. The ditch from the north-east to the north-west has been filled up so as to make the public gardens of Northernhay. The outer scarp on this side descends to the railway. The bank and wall have been removed to make room for the Assize Courts. On the south and south-east, and especially in the grounds belonging to Mrs. Card, the ditch remains/ A a 2 35^ The Castle of Exeter. and is considered a very fine example of an ancient British earth -work. This original hill-camp, then, was taken by the Romans, and , the rude fortifications were no doubt improved by them, as they made it an important station. On the plat- form to the south, as we may fancy, were clustered the rude huts of the British town of Caer-Wisc, the Castle of the Exe. The Romans laid out a new town on their usual cruciform plan, and, still taking the name from the Exe, called it Isca Damnoniorum. The cross may still be traced where North and South Streets meet the High Street, though the latter is probably not identical with the street which carried the Ikenild way through Exeter. Of the Roman city the Castle was, of course, the Citadel. After the Romans left England, the name became Exan- ceaster, but it was still the Castle of the Exe. It was the residence of the West Saxon Kings, and was often attacked by the Danes. It was taken and retaken in the time of Alfred. In the reign of Athelstan, the place having been demolished by the Danes, the city and Castle were for the first time surrounded by walls of stone. But, as far as the Castle is concerned, these walls were built exactly on the lines of the ancient earthworks. It is thought that some pieces of Athelstan's work remain to this day. It was in great part destroyed by the Danes under Sweyne, in the year 1003, but it must have been restored before the Con- quest, as it stood a siege of 18 days ffom the Conqueror in 1067. After its capture, William, according to his usual policy, caused a strong castle to be built to overawe the city, for which its situation was admirably adapted. You may observe that it is quite as strongly fortified towards the city as it is towards the country. The office of Castel- The Castle of Exeter. 357 Ian was hereditary in the family De Brioniis, Barons of Okehampton and Viscounts of Devon, and kinsmen of the Conqueror. From this time, I believe, the Castle has always been connected with the county. The earliest masonry of which we can feel sure is the Gate-house, which was fortunately spared when the new entrance was made. It used to be called Athelstan's Tower, but I believe there is no doubt that it is early Nor- man — that is, of the latter part of the nth century. The windows have curious triangular heads, not arches. The arched gateways are very plain, but show some traces of Norman carving. It may be noticed that there is no ap- pearance of a keep, and it is probable there never was one. The whole place was so strong that no keep was required — or perhaps we may say that the whole Castle was a keep. All the ancient buildings which must have existed within the court have been removed. We know there was a chapel in comparatively modern times, and there were, of course, barracks, stables, and their appurtenances. The walls are in general of rubble, but part of the N.E. front is good ashlar, perhaps of the time of Richard II. There is a fine bastion of late Norman work. The Castle was besieged and taken by Stephen in the war with the Empress Maud. It was annexed to the Earldom of Cornwall by Henry III., and the connexion' has continued ever since. For many centuries it was the most important post in the West of England. It was be- sieged by Perkin Warbeck in 1497, and by the Cornish insurgents at the time of the Reformation. In the reign of Elizabeth we find that the County Assizes and Sessions were held in it, as they have continued to be, with sonie intervals, ever since. I have been occupied of late in 3 5 8 The Castle of Exeter. turning out the old records of Sessions, which are kept in the Castle, and find them complete from the year 1592. In the reign of James I., I find orders for building a Sessions-house and Grand Jury rooms at the expense of the county. During the Civil War, the Castle was of course devoted to more warlike purposes. The Sessions were then held in the garden of the Gaol, which stood near the entrance of the Castle. The fortress was held by the Earl of Stamford for the Parliament, and taken by Prince Maurice in 1643. It yielded to Fairfax in 1646, and was garrisoned again by the Parliament. I find that in 1655 a sum of 688/. 6s. 6d. had been dis- bursed by John Coplestone, Sheriff, " for erecting houses, places, and seats of judicature within the Castle of Exon, by order of His Highness the Lord Protector." So it was again used for civil purposes. But during the Dutch War of Charles II., the Castle was again fortified, and the Courts used as a magazine. The drawbridge was repaired in the reign of James II., which shows that it still existed. The castle was garrisoned by William of Orange when he came to Exeter in 1688, perhaps as a place of retreat in case of failure. It has never, I beheve, been since used as a military post. Queen Anne agreed to lease it for ninety-nine years, at a nominal rent, to trustees for the county of Devon, and the agreement was carried out by George I. The fee-simple was granted by Act of Parlia- ment in 1773, subject to the rent of 10/. and reserving to the Crown the right of resuming the Castle in time of war. The existing Courts, of which we are not proud, were built in 1775. But we ought to remember, in justice to the Justices of a hundred years ago, that they were limited to an expenditure of 4000/. The Castle of Exeter. 359 What we are proud of, as I said before, is the continuity of life which has, for so many centuries, clustered round the Castle of Exeter. In the darkness of pre-historic ages, before Sarum and Uriconium were thought of, the Castle of Exeter stands out as an important settlement of the Britons. Now, when Sarum and Uriconium have be- come mere deserted mounds, the Castle of Exeter still remains — still retaining the importance which has never departed from it from the time of Cassivelaunus — still the meeting-place of a- great district at times of Sessions, of Assizes, of elections, and other public gatherings — and still on such occasions presenting one of the most animated scenes in the whole county of Devon. 36o INDEX. Abbott, William, 336. Aberdena, Moses, 214. Acland, Sir H., 191 ; Hugh, 338 ; Sir John (1592), 338 ; (1646), 148. Addison, 291. Address to William III., 263. Address to Queen Anne, 277, 278. Albemarle, the first Duke of, 171 ; the second Duke of, 199, 226, 228. Alehouses, 71, 74. I'S. 'S^. I5°. 190. Ameredith, Edward, 337. Amersham, Parish Register, 256, 266. Anne, Queen, 267 ; state of England in her reign, 281. Annesley, Dr., Dean of Exeter, 226. Ansley, Ralph, 299, 314. Armada, 98, 322. Assassination Plot, 262. Assizes, 30, 236. Association of County of Bucks, 262. Athelstan, 356. Austen, John, 131. Babbington, Mr. 133. Babington, Bishop, 19 ; Thomas, 74. Bacon, Lord, 35, 38, 47. Badgers, 26, 270. Bagg, Sir James, 107, 109. Bampfield, Sir Coplestone, 185, 191, 279 ; Thomas, Speaker, 169 ; Richard, 337. Baronets, creation of, 56. Bath, William, Earl of, 2, 3, 10, 57, 78, 324, 330 ; John, Earl of, 218, 226, 242, 254. Bedford, Earl of, 4, 50, 128. Benevolence of 1614, 42 ; of 1622, 52, 65. Billeting soldiers, 107, 261. Black Assize, the, 29. Bloody Assize, the, 236, &c. Bohemia, 57. Bradninch, 245. Bridge-water, Earl of, 275. Brioniis, De, 357. Brookes, George, naval chaplain, 299, &c. Brugis, Richard, 247. Buckhurst, Lord Treasurer, 2, 7, 24. Bucks, county of, 222, 246, 255, 274. Calendar of prisoners in 1598, 33. Carew of Antony, 99, 290, 342 ; of Haccombe, 77 ; Sir Thomas, 211, 213, 218. Gary, Sir George, of Cockington, 3, 8,9, II, 21, 23, 341; George, of Clovelly, 340; Sir Henry, 130; William, 51. Cavaliers, 137, 141- Champernowne, Sir Richard, 34S, Charles I., 100. Charles II., 172, 201. Chevalier, M. 100. Chichester, Amias, 67. Christian names, 166, 266, 279. Chudleigh, Sir George, 107, 134. Church ales, 73, 99. Churchill, Lord, 235. Civil War, 127. Claimant, a, 87. Clapp, Maudlin, 140. Clarendon, Earl of, 219. Index. 361 Clerk of the Peace, 68, 145, 253, &c. Cliffe, Jacob, letter from, 230. Coffin, John, 77 ; Richard, 227 ; letters to him, 228, &c. Coke, Sir Edward, 44. Commission of the Peace (1592), 2, 324 ; (1647), 144 ; (1651), 151 ; ^ (1653), 152 ; (1659), IS3- Commonwealth, the, 150. Conventicles, 177, 222. Cornwall, 8. Corruption, 82, 244. Corporations, disloyalty of, 184, 1 86, 188. Cottage, licence to build a, 27, 164. Cotton, Arthur, a Quaker, 303, &c. Council, letters from the, 2, 7, 10, 19, 21, 42, 48, 52, 67, 73, 78, 95, 97, 116, 186, 217. Council, of Elizabeth, 2, 7, 328 ; of James I., 44, 54; of Charles II., 187, 217. County rates, 207. Courtenay, Sir WiUiam, 2, 8, 77, 78, 89, 205, 255, 324, 332. Coventry, Sir W., 205. Coverley, Sir Roger de, 291. Crediton, 94, 137. Cromwell, Oliver, 147, 148, 160, 296; Richard, 161, 165. Crosse, Robert, 345. Cruv?ys of Cruwys Morchard, 77. Crymes, William, 340. Cucking, 84. CuUompton, 20, 1 16. Dearth (1608), 91 ; (1630), loi. Debtors, 210. Dennis, Sir Thomas, 341 ; Sir Robert, 345. Desborough, Major-General, 153,167, 309, &c. D'Ewes, Sir Simonds, 44, 139. Dialect, Devonshire, 112. Dillon, Robert, 339. Dodridge, Sir John, judge^ 50. Dohna, Baron, the Bohemian ambas- sador, 57. Drake, Sir Bernard, 337 ; Sir Francis (1592), 2, 19, 324, 334 ; (1660) 170 ; Robert, 337. Drewe, Edward, 3, 343. Duchy of Cornwall, 5. Dunning, Richard, on Devonshire labourers, 14. Edgcombe, Peter, 342. Eliot, Sir John, 108. Elizabeth, Queen, 2, 4, 22, 349. English, Peter, 135. Essex, Earl of, 87, 135. Evans, Richard, 148, 241. Execution of prisoners in 1598, 30; in 1685, 238. Exeter, 117, 130, 136, &c.; Castle of, 29, 128, 142, 166, 195 ; account of, 354- Fairfax, 136, 144, 147; letter of, 141. Fee farm rents, 216. Feversham, Lord, 235. Fines, 179, 180. Fires, 19, 90. Fish, salting, 24, 26. Fisheries, 220. Fitzwilliams, Henry, 199, 207. Flear, Mrs., 76. Fortescue, 9, 336 ; Sir Peter, 185 ; Sir Johin, 222. Fox, George, 308. Frederick, King of Bohemia, 57- Fulford, Sir Francis, 51, 130. Fuller, 3. Fursdon, 76. Gale, George, 338. Galleys, 31. Galway, Earl of, 277. Game laws, 89, 162, 269. Gannicliflfe, Nicholas, a Quaker, 300. Gidley, Captain, 128. Gifford, Roger, 340. Gilbert, Humphrey, 205 ; Sir John, 2, 8, 324, 333. Gill, Nicholas, 84. Gipsies, 220. Glanvyle, Serjeant, afterwards Judge, 3, 343- Godolphin, Sir Francis, 342. Gorges, Sir Ferdinando, 4, 77, 336 ; Tristram, 336. 362 Index. Gray, Lord, 236. Green Cloth, Board of, 9, 41. Halhead, Miles, a Quaker, 297, &c, Hampden, Richard, 259. Hancock, Mr., 25. Harris, Arthur, 340 j Christopher, 342 ; John, 299, &c. ; Serjeant, 3, 343- Hawkins, Sir Richard, 62. Hearth-money, 201, 224. Hele, Elize, 217, 339; John, 343; Thomas, 338. Hols worthy, 18. Hudibras, 85, 290. Hughenden, 122. Hunsdon, Baron, 9. Hutchinson, Dr., 75. Inchiquin, Lord, I Jo. Indictments, 157, 176, 186, 242, 248, 260. Irish, 204. James I., 32, 35, 66, 71. James II., 225, 234, 246. Jeffrey, John, Captain of the "Nant- wich," 320. Jeffreys, Judge, 223, 227, 239. Jennings, Abraham, 62 ; Jacob, 312. Justices of Assize, 68, 81, 82, 115. Justices of the Peace, i, 67, 286. Justices of Devon, letters from, 8, 10, 45. 91, 93. "6. 169, 328, 351. Justices of Devon hi 1592, 321, &c. Justices who subscribed to the bene- volence of 1622, 65. Kas Isa, a Chaldean minister, 214, Kekewich, George, 342. Kingsley, Charles, 330. Kirkham, Sir William, 77, 339. Knollys, SirW., 37. Lamplugh, Bishop of Exeter, 241. Larke, Sampson, 181. Leach, Simon, 54. Lee or Leigh, of Northam, 98. Lenthall, William, Speaker, 152, 153. 169- Libels, 241. Licences, 26, 89, 270. Lucy, Sir Thomas, 288. Luttrell , Colonel, 232. Lydford, 151. Lyme, 141, 219, 228. Macaulay, on hearth-money, 202. Machim, William, 87. Maimed soldiers, 18, 141, 151, 173, 253- Malt, prohibition of, toi. Mariners, 107, 217, 275. Markets, 103. Marlborough, Duke of, 274, 277. Martvn, Sir Nicholas, 134 ; William, 253- Maurice, Prince, 128, 130. Maynard, Sir John, 215. Monk, Anthony, 338 ; Sir Thomas, 167 ; George, Duke of Albemarle, 168, 171. Monmouth, Duke of, 225, 232, 236. Monopolies, 23. Morrice, Sir William, 170, 187, 205, 219. Mulberry-trees, 95. Newhaven, Viscount, 275. Nonconformists, 173, 196, 234, 251, 258. Northcote, Sir Arthur, 185, 191, 236 ; John, 120 ; Sir John, 134, 170, 171 ; John, Clerk of the Peace for Devon, 213. Northmore, Thomas, letters from, 227, &c. Oath of Clergy, 198. Oath of Justices, 2, 325, &c. Offences, 83, ill, 154, 155, 156, 159, 178. Orders, public, of Sessions, 16, 138, 143, 182, 188, 192, 197, 212, 352- Paige, John, Mayor of Plymouth, 299, &c. Pakington, Sir John, 293. Parker, Edmund, 337. Paulet, Lord, 138. Index. 363 Pearaore, 136. Pembroke, Eari of, 353. Penruddock, Colonel, 174. Pepys, Samuel, 177, 206, 21 1, 218. Perkins, Major, 143. Peryam, Sir William, Chief Baron, 3, T>343- Peterborough, Earl of, 277. Petition to the King, 124; to the Parliament, 122. Piracy, 64, 88. Plague, 90, 105, 219. Plymouth, 107, 297, &c. Pole, Sir William, 290, 340. Pollard, Hugh, 3, 344 ; Sir Hugh, 219. Poor, Relief of the, 15. Popham, Peter, 299. Posse Comitatus, 129, 230. Potter, Richard, Captain of the " Constant Warwick," 320. Powderham, 136. Prague, battle of, 62. Price of com in 1608, 92 ; in 1630, 102. Price of meat in IS93> 10; in 1622, 40. Prideaux, Edmund, I45, 239 ; Sir Edmund, 343 ; Thomas, 344. Fringe, Agnes, 85. Prisoners, 30, loi, 208, 243, 260. Privy Seals in 1598, 21. Protestation, the, of 1641, 132. Purveyance under Elizabeth, 6 ; under James I., 36; under Charles I., no. Quakers, 164, 2J8 ; Trial of two, 295. Quicke of Newton St. Cyras, 153. Raleigh, Sir Walter, 4, 5, 346, 349 ; letter from, 350. Ramilies, battle of, 276. Rates of carriage, 259 ; of quarters, 261. Recusants, 2, 27, 74, 81, 121, 222, 258, 324. Reuell, Hilary, 157. Revels, 28, 115, 139. Reynell, Sir Thomas, 340. Richards, Roger, 84. Ridgeway, Sir Thomas, 37, 39, 344. Robertshaw, Benjamin, 257. Rogues, 17, 104, 247. RoUe, Sir Henry, 56; Sir John, 185; Sir Samuel, 134. Rosemond, Thomas, 131. Rous, Anthony, 342. Rowe, Nicholas, 145. Russell, Francis, 257. Rye House Plot, 192, 223. Ryswick, Treaty of, 263. Sainthill, Captain, 135. St. John, Oliver, 47. St. Leger, Sir John, 345. Salt, price of, 265, 272. Salthouse, Thomas, a Quaker, 297, &c. Searle, John, 129 ; Robert, 144. Sedgemoor, battle of, 226, 236. Sentences, 30, 84, 112, 154, 160, 178, 180, 199. Sexton, Gawen, 159. Seymour, Sir Edward (1592), 8, 37, 331, 335 ; (1682) 191, 246. Shallow, 287. Sheriff, 12. Ship-money, 118. Sidmouth, 129. Sign posts, 271. " Skolster," a, 85. Smyth, Sir George, 51. Soldiers, 107 ; pressing, 19, 107, 275. Southcotf, Thomas, 355- Spain, war with, 107, 322. Spany, Richard, 337. Speccott, Humphiy, 339. Spurwell, Richard, 299, &c. Stannaries, 4, 6, 349. Strode, William, 12, 89, 340. "Strubbing,"220. Style, James, 130. Sunderland, Lord, 234. Sutclif, Dean, 60. Swearing, 153. Tanfield, Sir Lawrence, 82. Taunton, 228, 233. Teignmouth, 259. 3^4 Index. Throckmorton, Sir Robert, 222. Tichbome, 78, 339. Tiverton, 19, 90, 128. Toleration Act, 252, 258. Topclyff, Richard, 76. Topsham, 129, 225. . Torbay, French fleet in, 254. Trankmore, John, 221. Transportation, 174, 219. Treasurer of the Household, letter from, 36. Treasurer, County, 114,199, 208. Turkish captivity, 62, 21 1. Turks, 213, 238. Union with Scotland, 278. Vagrants, 16, 104, 247, 268. Vaughan, Charles, Clerk of the Peace for Devon, 51, 129, 145; Hugh, 213. Venner, Robert, 76. Vessay, Robert, Captain of the •' Nightingale," 319. Vynton, Julian, 64. "Wades," 270. , Wages in Devon in 1594, 12 ; in 1654, 163 ; in 1714, 273. Wages in Bucks in r688, 249. Walrond, WiUiam, 339. Walton, Christopher, purveyor, 7, II, 37. 4^- Warwick, Earl of, 129. Wells, 238. Westward Ho ! 98, 330. Wharton, Thomas, 256, 259, .273. Whiddon, Edward, 339. Whipping, 32, 160, 223, 238. " Whither-witted," 133. William HI., 206, 246, 251, 263. Window Tax, 265. Witchcraft, 220. WoUocomb, 159, 233. Wolton, John, Bishop of Exeter, 3, 331. Woollen trade, 92, 117. Worth, Robert, 156 ; William, 157. Wray, Sir John, Chief Justice in 1590, 324. , Wrey, Sir Bourchier, 242 ; John, 342. Wyott, George, 337. Wyse, Sir Thomas, 337. Yonge, Walter, Diary of, 54, 60, 75, 76, 89, 112, 119; Sir Walter, 205. GILBERT AND IIIVINGTON, PRINTEES, ST. JOHN'S SQUARE, LONDON. 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