i n V THE HISTORY OF THE TOWN OF ilrtua vft upon ®vtut f In the County of Nottingham, COMPRISING AN ACCOUNT OF ITS ANTIQUITIES, EDIFICES, PUBLIC INSTITUTIONS, CHARITIES, CHARTERS, ETC. By RICHARD PHILLIPS SHILTON. PART \ *SH NEWARK. Printed and sold by S, and J. Ridge; SOLD ALSO BY S. RIDGE, GRANTHAM ; AND BALDWIN, CRADOCK, AND JOV, PATERNOSTER-ROW, LONDON. 1820. u 4 o « c « • • * * i », u ? tt « «.. o • e :V qA ^ h 5 3 "b^ TO THE WORSHIPFUL THE MAYOR, THE ALDERMEN, AND INHABITANTS IN GENERAL, OF THE BOROUGH OF NEWARK, THIS WORK, WITH DUE RESPECT, IS INSCRIBED, BY THE COMPILER. TO THE PUBLIC As amongst the numerous excuses which have, at various periods, been pleaded for the writing of a book, 1 cannot discover any one that exactly suits my case, not any one must, by me, be adopted. Every man has his motive and, in course, I had mine. I might be foolish enough, gravely to tell my readers (should it happen that I have any) a neat Pocket Edition is far more portable than a cumbrous quarto — well — what would be the consequence a smile of contempt, and, "We did not stand in need of such information/' therefore, I will not do this. I might be impudent enough to say, the greatest pains have been taken in examining VI TO THE PUBLIC. the very best authorities and particular caution used in making extracts therefrom, this would be arrogance. The authors consulted, have, in general been given; it is the province of the Public to determine upon their respective merits, for which reason, I dare not do that. With the utmost deference, therefore, I submit the following pages to that Public,, relying in full confidence on its established character for candour and generosity in discrimination* CONTENTS OF PART I. mn rxwi General History of the Town, .page 9 Castle, 33 State of Newark at the commencement of the Civil War, in 1642, 55 Siege the First, 58 Siege the Second, 64 Siege the Third, » 80 Particular Enterprises of the Newarkers, 93 ■Siege the Fourth, 103 List of Nohlemen and Gentlemen killed in his Majesty's Service, in or near Newark, 119 Royal Letters, Documents, &;c 122 Present State of the Castle, 165 Crateivays, 171 Church, 1^6 Knight Templars' Hospital, , 249 Vlll CONTENTS OF PART I. Friary, page 250 Observant Friars, or the Chauntry, .... 251 Intended Convent, 253 Beaumond Cross, o ..... . 254 St. Leonard's Hospital, 263 Free School, 274 GLOSSARY. Bordars, p. 23- Bordars were the immediate servants of the Lord, managing the bord lands, or those retained in the Lord's hands for the maintenance of their board or table. Bovate, p. 23. A Bovate of land was as much as an Ox could till in a year, the quantity in each differed very materially, according to the strength or lightness of the soil. Carucat, p. 23. A Carucat was as much land as might be tilled in a y tar by one plough. Dane- geld, p. 23. A tax levied by Ethelred, and given to the Danes by our Saxon ancestors, to purchase peace, and a departure from the Island. Obit, p, 290. A solemn office for the dead, performed annually. Paris Garden, p. 46. The house of Richard de Paris, which Richard III. proclaimed a recep- tacle of Butcher's Garbage, afterwards the Bear Garden. (Bailey.) Sithence, p. 139. Since. Villains, p. 23. Villains were tenants who held small por- tions of land, on the condition of per- forming certain corporal services for the use of the Lord, these were answerable to the present cottagers. A pure Villain, was one whom the Lord might put out of his lands, tenements, goods and chat- tels, at pleasure, and also might take redemption of, to marry his daughter. Wapentac, p. 20. A hundred, or divison of a county -, so called, from the inhabitants giving up their arms in token of fealty. ERRATA. Page 23, Note, for Warenna's read TVarrenne's. 24, line 18, for ducussion, read discussion, 56, line 20, for vaccilated, read vacilated. 67 , line 13, for Amunition, read Ammunition > ■ 93, line 7, for m/#s, read were, 116, line 18, for was, read were, 156, line 16, for Price, read Prince, ■ 168, line 24, for harased, read harassed* 172, line 11, dele but. 177, line 16, after Church, a comma only 178, line 17, after Edward III. omit the semicolon. 261, line 20, for that read the. 272, line 9, for 5. T. B read S. T. P. 275 , bottom line, henenef actor, read benefactor, 287, line 10, for Moeity, read Moiety. 3 90, Note, for seem, read seems. ■ •■ 1 49, line 6, for Residence, read Residences. THE HISTORY OF THE TOWN OF NEWARK UPON TRENT IN order to avoid that species of cavil, of all cavils the most insipid and irksome, name- ly, the rusty cavil of the mole-beamed anti- quary, let it be admitted, for not any human being can disprove it, that the present town of Newark is situated on the space once occupied by the city Eltavona, Eltabora, EltavorL or Eltahoni of Roman memory. That the Fosse-way, one of the military roads of that people lies in the direction of, or passes through this town, and that those bubble hunt* 10 HISTORY OF NEWARK. ing interlopers, had regular stations on those roads is beyond contradiction. One of these stations might be fixed at, or near this place ; yet, as nothing but the mere name of Eltavo- na, and that, very confusedly, is transmitted to us, as not one occurrence either of splendor or degradation concerning it, is even upon tradition ; could any place be pitched upon, with certainty, where the horse of Agricola cast a shoe, that spot would boast a far better title to veneration than most of the dubious objects enveloped, as they are, by the mists of obscurity. Modern writers have endeavoured to estab- lish the hypothesis, that Newark has arisen out of the ruins of the ancient Sidnacester of the Saxons, by an analyzation of its present name they say New- ark is an abbreviation of New-work* that is, something recent, in con- tradistinction to some older erection ; this is plausible enough, if contradistinction were always pertinent ; but, unluckily for the posi- * Wark in the northen dialect, still signifies work. HISTORY OF NEWARK. 11 tion, this place is now known by the name of Newark upon Trent, to distinguish it from — ■ what other Newark ? — none — that it could ever possibly be mistaken for. Burton upon Trent, Sutton upon Trent, Stoke upon Trent, and many such like compoundly appellated towns are correctly apposite, there being so great a number of places, similarly denomina- ted in the primitive ; it is therefore, perhaps, not assuming too far to infer, that as one con- tradistinction appears to be groundless, the other rests not, on a much firmer foundation. The super-addition of upon Trent seems not to have prevailed, generally, till about the time of Elizabeth, certain it is, that in the reign of Edward the Confessor the title was simply ^ctOCrft as appears by the grant of the Countess Godiva, and similar ones in the time of William the Norman, and King Henry the second. Also in an ancient deed executed the 8th day of February, 1484, (2 R. III.) it is merely stiled Nowrk. The distance of the river Trent, as it now runs, is too great to admit the claim, and if it were absolutely 12 HISTORY OF NEWARK. necessary that Newark should be honored with an addition, in any wise probable, the phrase, upon Devon ought, in honest modesty, to have been adopted, as that humble stream actually washed, as it still does, under the name of the Cut, the foot of the Castle walls. Pride is inherent in the human species, and where it is not the agent of insult or ingrati- tude, is both laudable and necessary ; but it appears in this case to have been tinctured with the latter; the Devon was useful in its ivay, for turning the Mill which supplied the inhabitants with food, but not thought suffi- ciently respectable, as an accompaniment, when a superior was in view. It ought to be remarked, the inhabitants have a tradition that the Trent formerly took its course at no great distance from the town, and there is still remaining occular demonstra- tion, in what is called the Trent Dike, that a current of some kind actually meandered between the Devon and the present river at Kelham; the following extracts are said ta HISTORY OF NEWARK. 13 have been made from a manuscript belonging to a progenitor of the present family of Heron, who for many years were resident in Newark. " Anciently the river Trent passed near the town of Newark, about three hundred and forty Jive yards distant from the Castle, * and opposite to it, where the bed of the old river is very apparent, and is, to this day, called the Old Trent. Where the main stream now runs by Averham, Kelham and Muskham, was a small brook, which not being sufficient for the family of the Suttons, who formerly resided at Averham, a cut was made from the Trent, near Farndon, to the brook, which gave a turn to the whole current, probably aided by the obstruction which the mills at Newark must be supposed to occasion; it then forced its way and formed that channel which is now seen. There were carriage bridges over the brook at Kelham and Muskham, maintained by the respective owners of those estates, and they * On admeasurement, this is found to be the distance to, what is now called, the Old Trent Dike, 14 HISTORY OF NEWARK. were obliged to build bridges over the new and extended river ; a heavy, but unavoidable burden." " An attempt was made by Sutton, of Averham, to throw this burden, as to the bridge at Kelham, upon the Bishop of Lincoln, A prosecution was instituted against the Bishop, which was tried in the court of king's bench, at York. It happened, in evidence, that the Bishop, riding out towards Kelham, and observing workmen repairing the bridge, considered it as a great hardship on private property, and gave thirty shillings, in alms, towards the work. This was the basis of the suit, the cause was dismissed sine die." " The bridge at Kelham being in decay, and the owners of the estate refusing to repair it, a prosecution was instituted at the suit of the inhabitants of the county, who being par- ties, the cause was tried at Leicester assizes, by a special jury, who determined that the proprietor of the estate at Kelham was liable to support the bridge, and it has, ever since, HISTORY OF NEWARK. 15 been supported by the owners of that estate. This controversy, I believe, was in the time of Charles the second. I have, formerly, seen papers respecting these suits/' u The turning the course of the river, in- volved the family at Averham in a suit with the miller and inhabitants of Newark, and by a decree, (or subsequent proceedings in the time of Queen Elizabeth on former suits, as I apprehend) the owners of Averham were obliged to build a weir of certain strength and dimensions across part of the new T river, near Farndon, and for ever maintain the same, to throw some share of the water into the New- ark branch ; which weir is called the Upper Weir. The Newark Mills were a part of the estate of the manor, and the inhabitants were compellable to grind at the Lord's mill. 1 have seen old proceedings, in one or more law suits, brought in support of this right/' " The river, which at this day runs under the walls of the Castle, improperly called the Trent , is the Snyte or Devon. The Snyte 16 HISTORY OF NEWARK. (now called Smite) takes its rise at a spring called Holwell Mouth, in the lordship of Hol- well, in Leicestershire, near the high road from Leicester to the Vale of Belvoir. The river Devon takes its rise above Belvoir Cas- tle. The Snyte is the broader river, the Devon is a more certain current; the Snyte being sometimes, in summer, nearly dry. These two rivers unite at a point adjoining the lord- ships of Shelton, Cotham, and Flawborough, in Nottinghamshire, about half a mile above a bridge, over the Devon, called Wensaw, or Winsaw Bridge. At the conflux, the Snyte loses its name in that of the Devon, From Markham Bridge the Devon divides the pa- rishes of Newark and Farndon, where, at a small distance, meeting the branch of the Trent, from the upper weir near Farndon, they take their course in the old bed of the Devon, by the side of the town of Newark, and under the walls of the castle; till they meet the main stream of the Trent below Newark, at a point in the Island called the CrankleySj where the conflux forms a very fine reach ." HISTORY OF NEWARK. 1/ u The notion of the people of Newark, that the course of the river was turned by the be- siegers, is most extremely erroneous ; an event of such magnitude, and of such consequence to the town of Newark, must have been bet- ter understood, and the extraordinary circum- stances necessarily attending it, by the inha- bitants of the last ages* than is, in the least pretended. The main current having been turned, rendered it more practicable for the besiegers to dam the channel that remained; and it appears by a drawing made by the prin- cipal engineer of the rebels, that such a dam was made by General Pointz ; from whence, it is probable, the story of the course of the river being turned, took its rise; the same drawing shews that the main river then ran, as at present, by the villages ; and that the dam was in the Newark branch, below the upper weir. The dam, probably, served as a bridge of communication from his quarters at Farndon, to the Scot's quarters in the Island, as well as to distress the garrison." *This expression points out, nearly, the date of the M. S. 18 HISTORY OF NEWARK. The very feeble attempt made by Doctor Stukely, the celebrated antiquarian, although he was well acquainted with Newark, to controvert this opinion concerning the Old Trent, is not worthy of quotation ; as the de- terminations of the suits, at different periods, are fully sufficient to establish it: setting aside these considerations, had the original channel borne the present width, it would not have been surmounted by a timber bridge; but there being one already over the brook, composed of that article, the old materials were a strong temptation to construct another of the same kind over the extended stream.* In the year 1772, an act of Parliament was obtained, for rendering navigable the stream * If weightier proofs were necessary, it is observable, that in time of flood, a far stronger current sets down the Island, not far from where the old stream is stated to have taken its course, than at Kelham, as though the river ha- ving thrown off all restraint, were seeking its original bed. Which way soever, the question concerning the old channel may turn, is probably not material at this day ; but one point has been clearly demonstrated, namely, that the town, did not anciently, bear the title of Newark upon Trent, HISTORY OF NEWARK. 19 of the Devon, but there stiled a branch of the Trent, which passed on the western side of the Castle ; the present Cut was then formed, and in the progress of its execution, many of the cannon balls which had been used in the different sieges, were digged out with the soil of the river. From the termination of the civil wars be- tween Charles and his Parliament, there had been a wooden bridge, very meanly construct- ed, over the Devon, a little below the Castle. The keeping of this bridge in repair, was an expense annexed to the lease of the crown lands lying in the borough, ivhich had many years been in possession of the Duke of Newcastle. In the year 1775, his Grace was advised to take dow T n the old ruinous structure, and erect one of more durable materials; accordingly the present one was built of brick, and faced with stone. The demand of toll, for the passage of Carriages and Cattle of certain descriptions is said, by some, not to be very well founded : but perhaps, in this case, the adage is veri- fied, " What is every body's business, is no- body's/' 20 HISTORY OF NEWARK. At what period, or at whose expense the place was surrounded by a wall is equally uncertain. During the Saxon Heptarchy, which closed in the year 828, it constituted a part of the kingdom of Mercia, and was, doubt- less, at that time of minor consideration, not being enumerated amongst the fifteen Cities of that division of the Island,* but it is certain, in the time of Alfred, (about 900) Newark must have attained to some consequence, being then deemed worthy of giving name to the WapentaC) which is now stiled Newark Hundred. In the time of Edward the Confessor, (between 1041 and 1065,) the manor of New- ark w 7 as the fee of Leofric the great Earl of Mercia, and, according to the Monasticon, was by "him and his pious lady Godiva>f * Those were Lincoln, . Nottingham, Warwick, Coventry,, Lichfield, Northampton, Worcester, Gloucester, Derby, Chester, Shrewsbury, Stafford, Oxford, and Bristol. f She was sister of Therald de Burgenshall, Sheriff of Lincolnshire. This lady is famous in the annals of Coventry HISTORY OF NEWARK. 21 given, with jffarfjtttrf) in this county, (now fhbfiOtOUglj,) to the Monastery of £tOfcO from the following incident. Leofric, her husband about the year 1040, having loaded the inhabitants of that City with very heavy taxes ; in revenge, for some provocation they had given him, and being pressingly importuned by Godiva to remit them, after repeated solicitation, proposed an acquiescence to her suit, on the following condition, which from the long tried delicacy of his wife he deemed utterly impossible to be acceded to, namely that she should, in open day light, ride through all the principal streets of the city in a state of nudity. Godiva, who appears to have been actually a good woman, was at first startled at the idea of committing so gross an outrage upon feminine decency, but the quickness of her sex, which seldom fails in a dilemma, suggested an evasory relief, she accordingly closed with the proposal in its strict letter, but at the same time hinted, that the inhabitants might be restrained from viewing her. Leofric, charmed with her sensibility, de- clared himself highly gratified in being so delicately out- witted, and issued a prohibitory proclamation to that pur- pose, on pain of death to its violator. Godiva, being for- tunately possessed of a profusely flowing head of hair, disposed her luxuriant tresses in so admirable a manner, that she effected the emancipation w iihout a shock to her self. Thus «far, history, and the rudeness of the age, bear out the fact. But tradition here mounts her hobby, and relates, that a tailor, whom she calls Tom irresistibly urged by the primeval curiosity of his original grandam, fancied he could slilv steal one single peep (Vom a snugly perched 22 HISTORY OF NEWARK. near 3tiltC0lne* The king, with his queen and nobles, was present at, and consenting to the agreement made between the said earl and countess, and the Bishop Wulwi, that they should have Priests there, and altogether the same service which was at St. Paul's, JlOttilOn; and, that the lands they should give, should be for the food and raiment of the brethren (or Friars) there. And that the Bishop might have for his table, all those things which Etheric the Bishop and Ednoth had, before him, of those things, by right, window, when lo, in the very act of voluptuousness, he was stricken blind by lightning. A description of the whole scene, has ever since, (excepting" the cessation of a few years, some time back, when gatherings together of the people, on such occasions, were not deemed expedient, to the present year, when it was revived,) been annually commemorated, by substituting a courtezan arrayed in flesh coloured fine linen, fitting very closely, for the pious Godiva, and a ludicrously painted image of the taylor, peeping Tom, as they say, at the very window, in the attitude of ogling. The procession, which is held on Trinity Friday and called the great show fair, is extremely splendid, all the members of the different guilds, attending the mock lady, in their several habiliments and displaying the ancient insignia of their different professions. HISTORY OF NEWARK. 23 belonging to his Bishoprick, to wit, two parts of all things coming to the Monastery, and the Priests the third/' The general survey of William the bastard,* called Doomsday Book shews " that Godiva the countess paid the Dane-geld for her manor of IJ^CttJCtftC, with the two Bereus or hamlets of 25atoettune and jfarentmne, as seven Carucats and two Bovats of land. Yet, the land of it in her own time, in King Edivard the Confessor's survey, was returned twenty- six Carucats. There, after the invasion, Bishop Remigius, of HiUCOllI, had in demesne seven Carucats and fifty-six Burgesses, forty- two Villains, or Bordars, having twenty Carucats (or plow lands) and a half. There were ten Churches and eight Priests, having * Should this expression seem coarse to the delicate ear of modern refinement, be it remembered, it is in the style of all our most ancient historians; and that the epithet was familiar, and not in anywise derogatory , as applicable to that person. — Vide Earl Warrenna's speech to the Commis- sioners of Edw. I. A> D. 1276, as quoted by Hume. Also* 5ii Richard Baker, Will. I. 24 HISTORY OF NEWARK. five Carucats. There were seven Freemen, having five Carucats and a half. There was one Mill 5s. Ad. and one Piscary y or fishery. To I^Ctoatlte lay all the customs of the king, and earl of the Wapentac. In King Edward the Confessor's time, the rent of it was ^£50.; in the latter part of the invader's but ^34. It had &U in 23aI&Crtitne t Balderton; tifjeltntone, mMngtan; ^cireaton, Syers- ton, €UlCj5t0ne, Elston ; £tCrfje& Stoke; I^OltOn, Hawton ; CottnjtOlie, Coddington ; 23amrijpe> Bamhy ; IBprnontljocpc, Win- thorpe ; ^COtbrfep, Scarle; <&XZtQtl, Girton; &paMotli, €otne$jap, Thomey ; 2©ig^ pgfep, i^CCtireBpC, Hareby ; and €0tUltl, Cotham." Much ducussion, has, at times, taken place as to the number of churches said, formerly, to have been in Newark. Some, by a most niggardly interpretation, allotting only ten churches to the whole hundred, con- sisting of twenty-three towns, the latest wri- ter on the subject hazards a new conjecture, and supposes the word church to be used HISTORY OF NEWARK. 25 synonimously with altar. But Thoroton, who was a sedulous copyist, not only gives, from Doomsday, the number ten, but also the Priests and their endowments, namely eight, with five Carucats of land. The before mentioned modern writer, somewhat dicta- torially calls upon those who accede to this statement " to support their opinion with some proof that the place was much larger then, than it is at present/' There does not appear to be the least necessity for an exertion of that description. The Carucat, derived from Caruca, which in the old latin signified a plough, differed, it is true, in quantity according to the nature of the soil, but it was, in every place as much as could be managed, the year round, by one plough- team. The precise quantity of sustenance, absolutely requisite, to keep the body and soul together, of an Anglo-Norman Priest, cannot now be accurately ascertained ; but, if the produce of as much arable as would require five teams to cultivate it, were not quantum snfficit for the maintenance of eight Priests of the present day, there would be no great c 26 HISTORY OF NEWARK. harm done, if they were put upon short allow- ance. Moreover Southwell, which never was much larger than at present, had five distinct Chapels, those must have had their officiating Priests, and though it be not upon record what kind of remuneration was given for their attendance, yet it may be taken for granted, they, unless times be strangely altered, would not work pro bono publico. Collingham had tivo Churches, and only one Priest. The conclusion to be drawn from these premises is unavoidable, namely that there were formerly ten Churches in Newark, and those not in anywise, slenderly provided for. Newark was anciently divided into the Borough of Newark and Northgate. Having, in some degree, cleared off the aerugo, it may be necessary to take a slight general survey of the town, in its present state, and then proceed to particular subjects under their respective heads, Newark is situated on a very gentle ascent, in a light gravelly soil ; the water extremely HISTORY OF NEWARK. 27 pure, the air, from the proximity of its fre- quently inundated meadows, perhaps, not wholly equal in salubrity with that of South- well, yet, the general temperance of its inhabi- tants acts as a powerful corrective of any nox- ious principle which may be inhaled with it. Newark is justly esteemed the pride of the county, the cleanliness of its streets, the gene- ral symmetry of its buildings, the regularity of its Market-place, except one solitary obtru- sion, and the elegant lightness of its spire, place it out of the reach of neighbouring competi- tion, Nottingham may be magnificently grand, but Newark is peculiarly neat. The town was first incorporated by Ed. VI. a new charter was given by Charles I, and the present one by Charles II. who granted it the privilege of returning members to serve in Parliament. This seeming act of genero- sity, according to some historians, was per- formed by the way of evincing his gratitude, for the unshaken loyalty shewn by the inhabi- tants to the cause of his father. But, though perhaps at this period, it may not be discover- ed 28 HISTORY OF NEWARK. able, yet there must have been some other reason ; for Charles and gratitude, were per- fectly strangers, excepting by hearsay. The government of the town is vested in a Mayor and twelve Aldermen. The island formed by the disjunction of the two streams, is excellent pasture land, and, in the summer season, affords recreation equally beautiful and healthy. Until about the year 1770, access to Newark from the north, was, by reason of the overflowing of the rivers, nearly impracticable.* At that period, a publican, of the name of Joseph Wright, who kept the King's Head, a house noted for good ale, in a thoroughfare, where- on part of the Town Hall now stands, it is said, suggested the idea of forming an elevated road, interspersed with arches ; this was ac- cordingly accomplished under the auspices of Mr, Simpson, at the expense of £ 12,000, * At those times a boat was used, at an exorbitant late, from Newark to Muskham: five guineas having, frequently, been paid for conveying a carriage and the passengers. HISTORY OF NEWARK, 29 which now bids defiance to the highest floods. Were the inhabitants of Newark to erect a statue to the memory of this knight of the spigot, they would not be paying him an over- strained compliment The trade upon the water is very consi- derable, a great number of boats being em- ployed, carrying from 36 to 44 tons each. The principal articles of importation are tim- ber, corn and coal ; the exports are chiefly malt, flour and prepared plaster for flooring. Newark lies upon the great north road, from London to York, the distance between which two places is 197 miles; the celerity and regularity with which the mail is con- veyed, being admirable, its limited time allows not more than twenty-seven hours. Seven coaches pass daily through Newark to and from London; and as it may, in a future century, become a matter of curiosity the particular enumeration perhaps will not be irrelevant. 30 HISTORY OF NEWARK. UNION. down. up. Kingston Arms, Market~ploi.ee , J. Lawton, 2 a.m. 9 p. m. ROCKINGHAM. Castle and Falcon, Beamond st. T. Gardner, 3 a.m. 5 p. m. NELSON. Hotel, Kirkgate, J. Gilstrap, 4 a.m. 5§ p. m. HIGHFLYER. Hotel, Kirkgate, J. Gilstrap, 4a.m. 5 p.m. WELLINGTON. Royal Mail Tavern, Beamond st. J '. Woolfit, 8 a.m. 11a. m. EDINBURGH MAIL. Hotel, Kirkgate, J. Gilstrap, 1p.m. 10 a. m. GLASGOW MAI L. Kingston Arms, Marketplace, J. Lawton, 1p.m. 9| a. m. The Coaches for the cross roads are NOTTINGHAM COACH. From Hotel Kirkgate, J. Gilstrap, to Nottingham, 2 p.m. returns 12J p. m. Sundays excepted. LINCOLN COACH. To Hotel, Kirkgate, J. Gilstrap, from Lincoln, 12J p. m. on Mondays, Wednesdays, and Fridays, returns 2 p. m. NOTTINGHAM ACCOMODATION. From Robin Hood, Lombard street, T. Gamble, to Notting- ham, 8 a. m. returns 7§ p. m. LINCOLN ACCOMODATION. From Castle and Falcon, Beamond street, T. Gardner, to Lincoln, 6 a.m. on Tuesdays, Thurdays, and Saturdays, returns the following days. TALLY-HO. From Castle and Falcon, Beamond street, T. Gardner, to Manchester, 6 a.m. on Tuesdays, Thursdays, & Saturdays, returns the following days. HISTORY OF NEWARK. 31 The market is holden on Wednesday, and excellently supplied, especially with corn and meat. There is also a Stock-market every fortnight. There are six fairs annually, viz. — Careing Fair. The Friday before Careing Sunday,* which is the Sunday fortnight be- fore Easter. — May 14, Whit-Tuesday, August 2, November 1, and Monday before the 11th of December. In the year 1804, a Cheese-market was established, which has been hitherto very well attended. It is holden annually on the Wed- nesday before the 2d. of October. Newark is situated 124 miles distant from London, by Hatfield, and 120 by the way of Ware ; 76 from York, 16 from Lincoln, 20 ♦The Sunday which precedes Palm Sunday, was formerly called Careing Sunday, as rites peculiar to Good Friday wert used on this day ; which was called Passion Sunday in the Church of Rome, because they began to advert to the pas- sion of Christ. 32 HISTORY OF NEWARK. from Sleaford, 14 from Grantham, 21 from Nottingham, 14 from Tuxford, and 8 from Southwell. According to the census, taken in 1811, Newark contained 1483 houses, and 7236 inhabitants. The town of Newark, in common with the generality of aquatic situations, has rapidly increased within the space of the last century. The canvas of commerce, filled by the gale of prosperity, has poured into the lap of industry its merited reward. And although Newark may, perhaps, have lost somewhat of its for- mer aristocratic grandeur ; yet the suavity of the tradesman, the alertness of the artisan, together with the busy hum of indefatigable diligence, are more than ample remuneration, for that, which may, by some, be thought to be only an imaginary defect. 83 THE CASTLE. This celebrated fortress owes its origin to Alexander bishop of Lincoln, who was conse- crated in the year 1123, (23 H. I.). All the historians of that age concur in extolling the magnificence, hospitality and liberality of this prelate. He was nephew to Roger, bishop of Salisbury who built the three strong and stately Castles of Devizes, Sherburn, and Malmsbury, and whose turbulent disposition, not unfrequently strewed the pillow of royalty with thoms. The reigning monarch Stephen, although a man of intrepid valour and conside- rable prudence, nevertheless held the crown by a precarious title. The haughty barons and factious ecclesiastics were perpetually form- ing conspiracies against him. The fashion in those days, was to build a strong Castle, 34 THE CASTLE. arm the vassals, and upon the slightest either supposed or actual injury, form a combination and set regal authority at defiance. This continued to be the case during the whole time the dynasty of Plantagenet retained pos- session. In the succeeding ones of Tudor, their powers of mischief were somewhat re- bated ; nevertheless, many of the strong holds yet remained, which in the struggle between Charles and the republicans, gave so much trouble, that Cromwell on his gaining com- plete ascendancy, ordered their dismantling, denouncing them, and certainly with the utmost truth, if reference be had to their original foundation, as " nests for rebels."* Previous to the year 1138, (3 Stephen) Alexander built the Castle of Newark, not scrupling to declare openly, at the time, *In the time of Henry II, the reign succeeding the erec- tion of Newark Castle, there were not fewer than 1115 fortresses of that description in England. William of New- berry, a cotemporary writer says, " there were in England, as many kings, or rather tyrants as lords of castles ; and Matthew Paris, who wrote in 1259, styles them " very nests of devils, and dens of thieves." THE CASTLE. 35 it was designed as much for the security as the dignity of his church. He was soon made sensible of his miscalculation on that head. Nigel bishop of Ely another of Roger's ne- phews, and consequently cousin to Alexander, strove to outvie his uncle relative in pomp and ostentation. When the three prelates came to court their retinues were armed, and in such numbers as rendered them rather suspi- cious visitants. Stephen watched anxiously for an opportunity to humble their insolence, nor was one long wanting. In a general as- sembly held at Oxford, the retainers of the bishop of Salisbury, quarrelled with those of Alan of Bretagne, Earl of Richmond, one of whose knights was killed in the squabble, and many wounded on both sides. Roger's men had the advantage, being assisted by those of his nephews Alexander and Nigel, and also by the Chancellor's, who passed also for Roger's nephew, though in fact he was his natural son, by Maud of Ramesbury. The King seized with avidity, this occasion of humbling the insolence of the Triumvirate, 36 THE CASTLE. and immediately summoned them, together with the Chancellor, to appear at court, and answer for the conduct of their domestics. The summons was just and legal; but the satis- faction demanded by the King was, by some, thought excessive. Not content with the penalty enjoined by law in like cases, it was insisted that the Bishops should deliver up all their castles, as security for future allegiance. Being taken unprepared, the holy family requested thne to consider of the matter. Ste- phen perfectly understood the intended const" deration, and seized upon their persons. By some means, Nigel made his escape, and re- paired to his uncle's castle at Devizes. This flight breaking off the negociation, the King, in person, immediately laid siege to the Castle, in which, together with his other valuables, was Maud, the concubine. The place being very strong, Stephen, who foresaw the diffi- culty of the siege, determined to act with decision. He ordered Roger the Bishop, un- bound, and the Chancellor in fetters, with a halter about his neck, to be led up close to the wall, and sent word to Maud, unless she de- THE CASTLE. 37 livered up the Castle, the Chancellor, her son, should immediately be hanged, nor should the Bishop, her paramour, eat or drink till it was surrendered. These threats produced the de- sired effect, she delivered up the place ; the nest was amply feathered, forty thousand marks, in ready money, being found therein. Roger's other fortresses soon shared the same fate, Alexander was sent, a captive, to his own Castle at Newark, and finally obliged to pur- chase his liberty by giving up both that Castle, and Sleaford. DEATH OF KING JOHN. The Castle continued in the hands of the Crown, during the succeeding reigns of Henry II,. Richard I, and John; towards the close of whose sway, it was besieged by the Barons, who were in rebellion against their sovereign, under the command of Gilbert de Gaunt, whom Louis, the Dauphin of France, had cre- ated Earl of Lincoln. The garrison defended themselves. with great bravery, and a rumour being spread, that John was advancing to their 38 THE CASTLE. relief, the besiegers broke up, and thought it prudent to retire. Shortly after, John did ac- tually arrive, but it was in a dying condition, having been harrassed from place to place, not knowing whom to trust ; and being suspicious of his nearest friends. For which reason he carefully avoided fighting, and incessantly marched by devious routes, to break the mea- sures of his enemies. He thought himself safest in the county of Norfolk, where he chose the small town of Lynn to secure his treasures, his crown, sceptre, and other things of value. This place had expressed for him such affec- tion and loyalty, that, as a mark of his grati- tude, he granted it great privileges. Amongst other things, he instituted a mayorality, and presented the first mayor with his own sword, which is still kept in the archives of that place with great care. However as he found him- self pressed by the Barons, and fearing his treasures were not safe at Lynn, he resolved to move into Lincolnshire. In crossing the marsh which divides the counties of Norfolk and Lincoln, having been erroneously informed of the time of high water, the tide set in, he and THE CASTLE. 39 his retinue very narrowly escaped drowning; with much difficulty they extricated them- selves from the imminent peril with which they were surrounded; but the baggage, which contained the regalia of England, was irretrievably buried in the waves. He arrived that night at Swineshead Abbey, where he lodged. His vexation for the loss, threw him into a violent fever, which was heightened by inconsiderately eating unripe peaches, and drinking new ale. On the morrow, not being able to ride, he was carried on a litter to Slea- ford Castle, which was still in the hands of the Crown, from whence, the next day, he pro- ceeded to Newark, where finding his illness increase, he made his Will, which appears to have been done in great haste, and at his last extremity. This instrument is without date, and evidently unfinished, by the introduction of the word Imprimis. The original is in latin, of which the following is a translation. — " I, John, King of England, Lord of Ire- land, Duke of Normandy, and Aquitaine,. Count of Anjou, being afflicted with a grievous 40 THE CASTLE. sickness, which having not sufficient strength to bear, it behoveth me to provide for all mine, by making my Will, concerning my affairs. I commit the lawful administration and distri- bution of my Will to the trust and direction of my faithful counsellors, without whose advice, even when in health, I would in no wise direct, but particularly, at the present instant; and that what they shall honestly direct and order concerning my affairs, may be lawful and bind- ing, as well in jnaking satisfaction to God and Holy Church,for all indignities offered, dama- ges sustained, and injuries brought upon it by my means ; as in giving succour to the land of Jerusalem, in procuring aid to my sons for the purpose of seeking and maintaining their inheritance, and in remunerating those who have faithfully served us; in making distribu- tion to the poor, and to religious houses for the salvation of my soul. And I pray that he who shall give advice and assistance in fulfil- ling my Will, may possess the grace and favor of God; but that he who shall disturb its ad- ministration and order, may incur the curse and indignation of Almighty God, of the bles*^ THE CASTLE. 41 ed Mary and of all the Saints. Imprimis, therefore I will that my body shall be buried in the church of Saint Mary and Wulstan of Worcester. And I appoint as such adminis- trators and distributors Lord G. by the grace of God, titular Cardinal of the church of Saint Martin, Legate of the holy church ; Lord Peter, Bishop of Winchester; Lord Richard, Bishop of Chichester; Lord Silvester, Bishop of Worcester ; William Mareshall, Earl of Pembroke; Robert, Earl of West Chester; William, Earl Ferrars, W. Browne, Walter de Lacey, John de Monemut, Savery de Mai eon, Faulk de Brent. ; ' The original is in the possession of the Dean and Chapter of Worcester. Rapin says, " The care of his salvation employed his thoughts during the rest of his sickness, which put an end to his days on the 18th of October, 1216, in the fifty-first year of his age, after an unhappy reign of seventeen years, seven months and ten days." Con- sidering the acuteness and precipitancy of his D 42 THE CASTLE. disease, the care that was taken of his salva- tion, was, but in a small degree, an act of his own, doubtless the whole round of monkish mummeries was scrupulously and religiously performed; and perhaps there may not be a lack of charity in asserting, they were not entirely devoid of that triumphant malice, with which the sacred order was, more or less infected in those days. John, in full health and the actual possession of his faculties, des- pised and hated, the whole body, from his Holiness on the throne, down to the men- dicant Friar at the cottage gate, nor, was he hypocrite sufficient to suffer an opportunity to escape him of evincing that contempt. It only is the characteristic of great minds, to forbear, the heaping of insult upon a fallen enemy. His bowels were carried to Croxton Abbey, in Staffordshire, and his remains interred in the Cathedral at Worcester, with little ceremony. His body was wrapped in a Monk's cowl, which was accounted a preservative against evil spirits. This extra caution spoke strong- lv to character ! It was fashionable, in those days to attribute the death of distinguished THE CASTLE. 43 characters, on either side the question, to almost every other means than the ordinary course of nature, Caxton relates, that the night John was at Swineshead Abbey, it being in discourse how cheap corn then was, the King observed " He would ere long make it so dear, that a penny loaf should be sold for a shilling." At which a Monk, there present, took such indignation, that he went and put the poison of a toad into a cup of wine, and came and drank to the King, which made him pledge more readily. But finding himself very much out of order upon it, he asked for the Monk, and when it was told him he was dead, God havq mercy upon me (said the King) / doubted as much. The first part of the tale is not improbable, for if it be brought to mind, the humour John must necessarily have been in, on the night of his arrival at Swineshead, such a splenetic squib is not to be wondered at. But as to a Monk sacrificing himself at the altar of patriotism, and the poison of a toad, thev are, indeed, out of the ordinary course nature. n2 44 THE CASTLE. Walter Hemingford, relates the tale a different way. His edition states, that the Abbot persuaded the Monk to poison the King, because he would have lain with his sister; and that he did it by a dish of pears, which he poisoned all but three. On presentation to the King, he was bid to taste them himself, which he did, eating only the three he had marked. That John, being a Plantagenet, would have lain with the Abbot's sister, or any other man's or woman's sister, there is not the least doubt, but if it were so, the attempt had scarcely been made on that even- ing. The plain fact seems to have been, vexa- tion, or his late immersion brought on a fever, and intemperance a dysentery. Be it as it may, the nation was happily rid of a murderer, a tyrant, and as unprincipled a rascal as ever disgraced a throne. In consequence of a treaty of peace, be- tween the Earl of Pembroke the Regent, in 1218, and the Dauphin Lewis, all the Castles which the rebellious Barons had seized, were to be restored to their former owners ; this, THE CASTLE. 45 as is ever the case amongst thieves, was not at all relishing. Opposition attempted to raise a front against authority ; Robert de Gaugy, who had surprised Newark Castle, was the only one who stood a siege, which continued but eight days, when he submitted. It seems to have been a mistake in Matthew Paris, that the Castle and appendages were restored to the See of Lincoln, as Hugh cle Wells, who then filled the episcopal throne, had been in arms on the part of the Barons. The Castle still remained a royal fortress, and in some instances, was used as a state pri- son; for in the last year of the reign of Edward III. (1377) according to Matthew Paris, Peter de la Mare, Speaker of the House of Commons, was held in confinement within its walls, at the instigation of the Duke of Lancaster, the King's uncle, whose ambitious views la Mare saw through and exposed. But perhaps the real cause of the Patriot's incarceration, was, his having made very free with the acts and deeds of the immaculate Alice Pierce, who was at that time the favorite of Edward. 46 THE CASTLE. At what period, precisely, the Manor, Soc, and Castle of Newark were repossessed by the See of Lincoln, is not ascertained ; but in the year 1547, (1 Ed, VI.) Henry Holbeach, alias Rands, who had been one of the most servile tools of the tyrant Henry VIII, was translated to it, and as slaves, like spaniels, will answer to any whistle, to prove his gratitude, he sur- rendered in one day, all his ecclesiastical pos- sessions into the hands of his new master, and amongst the rest the Castle of Newark. Peck, in his Desiderata Curiosa, Lib. 2, p< 18, states, under the head of Queen Elizabeth's annual expense, civil and military, 1578. £. s. d. Constable of the Castle ; Fee, 6 13 4 Porter's Fee, 5 00 00 This seems but a shabby pittance when compared with an item in the preceding co- lumn of the same page, viz. — ptrijs? <0ar&cm £. s. d. Keeper of the Queen's Beares ; Fee, .... 11 8 1 ob Keeper of the Queen's Mastyfs ; Fee, .... 21 5 10 ob THE CASTLE. 4/ Shewing, at a single glance, the compara- tive excellence of Dogs, Bears, and Castles, in the golden days of good Queen Bess. Some- what derogatory, this, to the keeper of the Key of the North, as Newark has often been emphatically stiled. The next royal visitor to the Castle, was James I, who on the twenty-first day of April, 1602, arrived at Newark, in his way from Scotland, to take possession of the throne, on the decease of Elizabeth. During his stay he was lodged in the Castle, and entertained by the Corporation, who, amongst other tokens of loyalty presented him with a gilt cup. Newark had the honor of witnessing the first manifestation of the exercise of that darling prerogative, the abuse of which, ultimately, brought his son to the scaffold, and ren- dered his grandson a dependant fugitive. The incident was thus. — A cut purse * (according * In those days men wore their purses dangling" at their girdles, breeches pockets not being invented ; in fact that article of dress, in the present cut, was but in its infancy, and held in particular abomination by the puritanical monarch, vid. Basilicon Doron, Lib. 3. P. 83. 48 THE CASTLE. to Echard) being taken in the act of delin- quency, James, by his divine authority, issued a warrant for immediate execution, which, without further process or delay, was duly performed. It is recorded in the modem history, " that King James, when he arrived at Newark, was received by the Corporation, and addressed by the Alderman of that day, Mr. John Twentyman in a long Latin speech, with which his Majesty was so well satisfied, that he conferred on the orator, the office of purveyor of wax for the King's household, in the counties of Nottingham, York, Lincoln, and Derby. When the King was preparing to leave the town, he commanded the Alder- man to repeat his speech (which might be supposed by the nature of its reward to have been a candle light one). Upon asking him his name, and being informed it was Twentyman, the King replied somewhat sharply, " Then by my saule mon, thou art a traitor; the Twentymans pulled down the Red Kirk, in Scotland/' Notwithstanding this, the learned THE CASTLE. « Alderman's speech had made such an impres- sion upon the discriminating monarch, that he became a great favorite, and was always near his royal person in the numerous hunting excursions he made to Newstead Abbey, and other places in the forest of Shirewood." There appears to be some mistake, either in the narrating this matter, or the list of Alder- men, for William Parke stands as Alderman at that period; but most probably the learned assistant was appointed spokesman on the mo- mentous occasion from his knowledge of latin, which seems to have been peculiarly gratify- ing to the pedantic James. During the several sieges of this town, the garrison of the Castle baffled every effort of the enemy, but after Charles had surrendered himself to the Scots at Southwell, it was, on Thursday the eight day of May, 1646, by his order, though still thought tenable for many months, surrendered to the Covenanters. Shortly after, this venerable fortress was dismantled by orders from the parliament, 50 THE CASTLE, since which time it has gradually fallen into its present state of dilapidation. Many vestiges of its former stability greet the eye of the traveller, and excite different sentiments, according to the peculiar temperaments of the observers. DISCOVERY OF JOHN'S REMAINS, Extracted from a respectable perodical publication of the date of 1797- Worcester, July 20th. " In beginning the repairs of our Cathedral on Monday last, (July 17,) the tomb which stood in the nave, near the Chancel, to com- memorate the interment of King John, was proposed to be removed to a more convenient place ; but, to the astonishment of the work- men, a stone coffin was discovered at the bottom, * level with the floor, which, on care- fully examining it, was found to contain the remains of the King. From the great length * From whence this astonishment arose on finding a coffin in a tomb, will be the subject of a subsequent page. THE CASTLE. 51 of time the body had been deposited, nothing but conjectural ideas could be formed as to the vestments, &c. Part of the robe was firm in its texture, but of what colour could not be ascertained. What was discovered of the body appeared to be nearly in the same position as the figure on the top of the tombstone, and, from the length of the coffin, measured five feet six inches and a half; part of a sword was lying by his left side, which time had nearly mouldered ; and the leather sheath was nearly in the same state ; the most perfect part was towards the bottom of the legs and feet, on which appeared a kind of half boot. A quantity of a sort of white paste lay in lumps on and below the belly, which, it may be supposed, had been poured into the body on the heart and bowels being taken out j on breaking a piece of the paste, it was mixed with the skeletons of maggots and flies, of which vast quantities lay on and about the body ; and on the right cheek of the skull there was a sharp point about half an inch long, and some grey hairs appeared under part of the cap, which had fitted the head very tight, and seemed to 52 - THE CASTLE. have been buckled under the chin, part of the straps remaining; the robe had the appearance, in some parts, of having been embroidered, particularly on the right knee ; no bones of the fingers were to be found. One point as- certained is, that the body certainly was deposited here, and not in the more eastern part of the Church, as was supposed ; and the extraordinary circumstance of there being no memorandum or record of the place of inter- ment in the archives of the Cathedral is now obviated. It was observed by the masons that the coffin was cut out of Higley stone ; but there was no other top to it than two elm boards, which were perfectly sound." Further particulars from the same source dated September 2, 1797- "The account of the discovery of King John's body, agrees, in the main, with that just published by Mr. Green, the Worcester, Antiquary. What is there called lumps of white paste, on and below the belly, is there said to be mortar, supposed to have fallen ii THE CASTLE. 53 when the body was removed from the Lady's Chapel into the present situation, by one Alchirche, a little before the dissolution, as mentioned by Leland, in his Itinerary VIII. 129, The maggots were not found in the mortar, but on and about the body. What is here called a cap on the head, Mr. Green, denominates a Monk's Cowl, in which, the King desired to be buried as a passport through purgatory. It may be imagined, in the per- plexed state of that monarch's affairs at the time of his death, there was no time to dress his corpse in the same paraphernalia as his successor, Henry III, was found ; and as Ed- ward III, and others are represented on their tombs, in imitation, probably, of the state of the bodies within them. The skull did not present the face upwards, but the back part, and the upper jaw was fallen on the right arm; all evident marks of a former removal/' DESCRIPTION OF THE TOMB. Sandford, in his Genealogy, says, " The tomb, which is of grey marble, is placed be- 54 THE CASTLE. tween the choir and the high altar. The figure of the King as big as the life, and the Bishops St. Oswald and St. Wulstan, at his head in little, with their censers in their hands, are carved in stone, which seems to be as ancient as the time of Henry III. but the altar stone on which it is placed, is of a modem fabric. There is no inscription." Mr. Green, in his history of Worcester states that " King John's body was conveyed hither, from Newark, by the Earl of Pem- broke. His effigy lies on the tomb, crowned, whereon was written, " Johannes Ilea; Anglia" which is now entirely defaced. In his right hand is part of a sceptre, in his left, a sword lying by him, whose point is received into the mouth of a couchant Lion at his feet. This figure is as large as life. On each side of him are cumbent images of the Bishops St. Oswald and St. Wulstan, censing him. This tomb is a cenotaph." — Current traditionhawmg declared the tomb to be empty, was the cause of the before noticed astonishment in the workmen.. 55 A BRIEF ACCOUNT OF THE STATE OF NEWARK, AT THE Commencement of the Civil War, between King Charles I, AND HIS PARLIAMENT, IN 1642 . >%^%< The town of Newark was considered as a most important pass from the south of England to the north. Its strong Castle defended a bridge over the river Devon, which ran at its foot, and commanded, when garrisoned, the river Trent, passing near the village of Kel- ham. It was then encompassed by a strong wall, three or four gates, a covered way, and bastions for the mounting of cannon. The inhabitants of the place had always been re- markable for their attachment to the cause of royalty ; and in this reign, suffered privations for its support, which, perhaps, are not to be paralleled in the annals of those tumultuous and 56 STATE OF NEWARK, 1642. critical times. They declared for his Majesty in the very beginning of the civil war, carried arms to a man ; and there were generally in the place, nearly 4000 foot, and from 500 to 1000 horse, who frequently made excursions, and were very troublesome to the parliament- arians at Nottingham, Lincoln, and the parts adjacent. The principal nobility and gentry of the county, were staunch loyalists, amongst whom were, the Earl of Newcastle, Lord Chesterfield, Lord Chaworth, Lord Biron, Sir John Savile, Sir Gervas Eyre, Sir John Digby, Sir Matthew Palmer, Sir Thomas Williamson, Sir Roger Cooper, Sir William Hickman, Sir Hugh Cartwright, Sir Thomas Willoughby, Sir Thomas Smith, Sir Thomas Blackwell, Mark- ham, Perkins, Tevery, Pearce, Palme, Wood, Sanderson, Moore, Mellish, Butler, and divers others. The Earl of Kingston vaccilated for a time, but at length loyalty preponderated. The Earl of Clare, changed sides often, and was not eminently serviceable to either party. Mr. Sutton, afterwards Lord Lexington, Sir STATE OF NEWARK, 1642. 57 Gervas Clifton, and Mr. William Stanhope forsook the Parliamentary cause and joined the royalists. The family of Hutchinson were the principal adherents to the opposite party. It does not appear that Newark was, at this time, garrisoned, although the fortifica- tions were in a state of good repair, but soon after the battle of Edge-hill which was fought on 23rd day of October, 1642, the neighbour- ing counties began every where to associate, for the mutual assistance of each other. The parliament commissioned Major Generals, as commanders in chief, and to issue out com- missions to the respective commanders of regiments. Nottinghamshire was put into association with the counties of Derby, Leices- ter, and Lincoln, of which Lord Grey, of Groby, eldest son to the Earl of Stamford, was commander, and from him the Notting- ham party received their first commission. Newark soon became the head quarters of the Cavaliers, as Nottingham did of the Round- heads, but about the close of the year 1642. the neighbouring parts being in great commo- B 58 SIEGE THE FIRST. tion, the country gentlemen threw themselves into Newark, as a place of greater security than their own houses, and having procured some regular soldiers, Sir John Henderson who commanded them, was appointed gover* nor of the town. SIEGE THE FIRST- Newark now began to wear a formidable aspect, ammunitionand provisions were stow- ed, cannon mounted and every necessary pre- caution taken. In order to nip this progress in its bud, about Candlemas, a consultation was held at Nottingham, when it was deter- mined to dispatch agents into Derbyshire and Lincolnshire, to propose the advancing of the Nottingham andDerby troops against Newark on the one side and those of Lincoln on the other, this proposal was acceded unto and immedi- ately acted upon. The Lincolnshire forces SIEGE THE FIRST. 59 were commanded by one Ballard, a person of reputable, though decayed, family, who had seen much service abroad, and before his quitting England, had received many favours from numerous of the gentlemen, now cooped up within that place. It rather appears, that in taking part with the parliament " his poverty, but not his will consented " for it was not, till after repeated entreaty, he could be induced to march against the town. Had he relinquished the appointment, his character would have shone conspicuously bright, but unfortunately for his credit, he at length deter- mined to march, with the mental reservation not to ruin his former benefactors. He appointed the forces of Nottingham and Derby to rendezvous within a mile of Newark, on a certain day stated 5 but upon which day the most urgent persuasions could not induce him to march out according to engagement. There is strong ground for suspicion, that he even acted the part of a villain, in this stage of the business, and betrayed the whole to the cavalier party in the town, as an ambuscade was formed to intercept the troops before they *2 60 SIEGE THE FIRST. arrived at their place of destination. An extraordinary storm, intervening, protracted their march one day, otherwise, in all proba- bility every man would have been sacrificed. The associated forces, about 1000 horse and foot, having arrived, the commanders in the Lincolnshire troops made communication of the incomprehensible conduct of Ballard, charging him with having played his ordnance at such a distance from the town as to be perfectly non-effective, and also that when the Newark horse made a foraging sally, he would not suffer a man of his people to stir from their post upon Beacon-hill, though far more numerous ; and eager for engagement. When waited upon by the commander of the associated forces, to inform him of their arrival and to receive orders, the only answer to be obtained was, they might take a station and attack when opportunity occurred. They accordingly did so, and drove the enemy from their works with the loss of only four or five men, and entrenching themselves, provided straw, in order to lodge in the trenches all uight. On the opposite side of the town SIEGE THE FIRST. 61 Captain King, of the Lincolnshire had advanc- ed into Northgate, cut up a chain and placed a drake, or small piece of cannon in a house, up- on which the Cavaliers in the town were panic stricken, and suggested an instant delivering up of the place, some prepared to flee, and many actually did evacuate it ; but Ballard would not suffer his horse to pursue them. One of his Captains indignant at such shame- less perfidy, advanced towards the gate with 50 of his troop and drove back into the town those who were attempting to escape. At length Ballard, firmly persuaded, he could not, by any other means, preserve his old patrons, than by betraying his present em- ployers, peremptorily ordered Captain King to retreat, whereupon the whole force of N ewark sallied out upon the Nottingham and Derby, in their trenches, the resistance was firm and resolute, until a Lincolnshire trooper, sent by Ballard for the immediate purpose of alarm, came at full speed calling out to them to " flee for their lives, or they were all lost men/' Upon this 200 men, whom Ballard had, after much entreaty, sent to their relief, 62 SIEGE THE FIRST. gave way, the Derby, under Sir John Gell, followed their example, leaving the Notting- ham to sustain the whole weight of the attack. This they did till their ammunition was expended, and Ballard refusing to supply them with more, they made good their retreat with little loss, taking with them two pieces of cannon which he, as a kind of salvo had presented them with.* Immediately on the departure of his troublesome visitors, the governor, as a matter of cruel prudence, caused the houses in Northgate, and amongst the rest a stately one belonging to the Earl of Exeter, erected on the ancient site of St. Leonard's Hospital, to be burned, in order to avoid a repetition of such close annoyance j but the destruction of the latter was not so complete, as to prevent its being rendered subservient to military purposes in the next siege. The country gentlemen, thus emancipated * Nothing, excepting the general good of the cause, could palliate the abject meanness of receiving a present from such hands; but the application of the useful has, in all times been found to possess wonderfully balsamic virtues. SIEGE THE FIRST. 63 from their durance honorable, and determined not again to tempt the danger they had so narrowly escaped, (for had Ballard done his duty, the whole covey would inevitably have been trussed up, at one " fell swoop ") im- mediately proceeded to fortify their several houses. Wiverton-house and Shelford* manor w T ere both garrisoned, as were the Earl of Newcastle's and Sir Roger Cooper's, at Thur- garton Priory; and the parliamentary forces in the neighbourhood, Nottingham the head quarters included, did not exceed 1000 men, but this respite was of short duration ; for another and more severe trial of the fortitude and bravery of the inflexible inhabitants of Newark soon occurred. * Shelford-house was stormed October 27th, 1645, bv Pointz, under circumstances of the most savage slaughter. Wiverton-house surrended the next day, and was demolished. A short time previous, Sir Roger Cooper, his brother Cecil, and garrison of 40 men were made prisoners and conveyed to Nottingham, by Colonel Thorney, 64 SIEGE THE SECOND, JBy Meldrum, Hubbard, and Willoughby, RAISED BY PRINCE RUPERT, * >#^«< " Towards the close of the year 1643, Newark had been again, besieged some time, and the brave garrison and townsmen reduced to the greatest distress, when Charles, justly, alarmed at the danger to which a place of such importance was exposed, was resolved, at any hazard, to relieve the town, in order where- unto he sent an express to Prince Rupert, which found him on the 12th of March, at Chester, commanding him to draw w T hat forces * He was nephew to Charles, being the son of his sister Elizabeth, who married Frederic, Elector Palatine of the Rhine, from whom the present family on the throne are lineally descended. SIEGE THE SECOND. 65 he could together, arid raise the siege of Newark ; * upon this advice he made all haste to Shrewsbury, speeding away Major Legg, (general of the ordnance) before, to chuse out so many commanded Musqueteers of the English (of late come out of Ireland) as might well be spared out of that garrison. These were a thousand Musqueteers of Colonel Broughton's and Colonel Tillier's, regiments, with a hundred and twenty of Colonel Sir Fulk Hunk's. All these, sent down by the Severn, met the Prince at Bridgenorth, on Friday. Of horse he took along, his own troop, and regiment, with twenty of Major General Urrey's ; with these forces he drew along, three field pieces. At Wolverhampton, the next day his army was recruited by 100 horse, and 200 foot, of Colonel Leveso?i 9 s. On Monday night he had notice at Ashhy de la Zouch, of 2200 enemies under Sir Edward Hartop, sent out by Meldrum to the pass and bridge over the Soar, a mile from Lough- borough, in Leicestershire. Their purpose * Virl. Sir Richard Baker. 66 SIEGE THE SECOND. was, either to intercept Major General Porter, or to prevent his joining with my Lord Lough- horow : for thither, with four regiments of horse, and 1000 commanded Musqueteers of my Lord of Newcastle } s men, was Porter now come from about Newark, to hinder the further inroads into Leicestershire. Daily slight skirmishes had passed. For Meldrum not able to force the passage, and hearing of my Lord of Loughborow's drawing out, stole away. Porter, thus disengaged, was, the next day, together with my Lord Loughborow's forces joined to those of the Prince. That night they all quartered in a close by Bingham, eight miles short of Newark. About two of the clock, the moon then well up, the drums beat, and all marched. Hitherto had the marches been so speedy, as fame itself was prevented, for, by Meldrum' s own letter sent to the Lord Fairfax, which was intercepted the night before, they had no more than an unaccredited rumor of Prince Rupert's coming. On this day's march the Prince had notice, by his espials, how the enemy was busied all that morning in sending away their cannon, which SIEGE THE SECOND. 67 proved no other, than their drawing them off their batteries into their chief work at the Spittle, or Exeter House a little more than musket shot from the town; for, into that quarter had they, this morning, drawn all their regiments and ammunition. The Prince hav- ing intelligence of their amassing themselves thus, into one body, which he supposed to be a preparation to march off suddenly; advanced his van of horse upon the spur to overtake them : the rest of his horse had orders to keep along with the foot, cannon, and amunition. Coming near the Beacon-hill, a mile short of Newark, he perceived some horses of the ene- my ; who, upon his approach, drew down the other side to their own gross. The Prince thus easily gaining the hill, was earnest to pursue his good fortune, under the apprehen- sion of having many advantages over a retreat- ing enemy : whereupon he gave orders to charge them with all the horse then with him, and engage them till the rear and foot should be marched up to him. Trooping thus to the edge of the hill, he perceived most of the ene- my in Battalia, (horse and foot) near the Spit- 68 SIEGE THE SECOND. tie : all except four great bodies of horse, who waited to receive him at the very descent of the hill. " The Prince thus ordered his own few forces 5 first, himself with his own troop of life guards, undertook to attack that body on the left hand, appointing my Lord Lough- horow's troop to second him, and Colonel Charles Gerard's to be as a reserve, a little on my Lord's right hand. The Prince's regiment was cast into five divisions, two troops to each division : in the first and very right hand of all, were Captain Gardner and Captain Rich- ardson; then the Lord Grandison and Sir Thomas Dallison, next them, the troops of Sir Lewis Dives, Major Legge, and Lieutenant Colonel O' Neil's troops, being next unto the life guards; this regiment was seconded by Major General Porter's regiment : the field- word was King and Queen, their opponent's Religion. The fight began about nine o'clock in the morning, March the 21st, 1643, and af- ter some time grew very warm, especially on the Prince's right wing, the other doubling SIEGE THE SECOND, 69 their files from three to six deep, and charged the two outermost troops upon the flanks with such violence, that they must have been broken, had not Captain Martin rendered timely as- sistance and beat them off: the Prince, himself, having pierced deeply into the enemies line, and being known, was dangerously assaulted by three sturdy persons, whereof one fell by his own sword, a second being pistolled by Master Montaign, one of his gentlemen, the third, in the act of laying his hand on the Prince's collar, had it nearly chopped off by Sir William Neal. Prince Rupert being thus disengaged, without any other injury than a shot in his gauntlet, with Sir Richard Crane's own troop, charged quite through the enemy, pursuing them in rout home to their works at the Spittle. Shortly after this, his regiment, with their seconds, likewise routed the three other bodies, four of the troops charging even into the work, and bringing aw T ay a captain, pri- soner. hordLoughborow, in this action, deport- ed him self most honorably ; some of his troop shrinking at the second charge, he rode back, rallied and brought them up again. Colonel 70 SIEGE THE SECOND. Gerard was shot in the arm, in this encounter, and being, by the fail of his horse, much bruised, was taken prisoner. " After some pause, both sides began to make ready for another charge, the Prince to make impression, and they to receive it ; and though, for a good while, it was disputed tough ly, yet, by mere force were the enemy driven quite out of the field and far beyond their own work, foot, and cannon at the Spittle ; divers of them hasting by a bridge of boats over the Devon into the Island ; four other troops, with as many companies of foot hurried up to Muskham-hridge on the opposite side of the Island, and on the river Trent about three quarters of a mile from Newark, and the Spittle; here they remained till towards evening, when, breaking the bridge behind them, and throwing one piece of cannon into the Trent, they hasted to Nottingham. " In both these stiff bouts, the Prince took five Cornets and ninety prisoners, whereof three were Captains, some Gentlemen, SIEGE THE SECOND. 71 besides other officers, and two cannoniers. And now, as if a universal truce had been agreed upon, there was some half an hour's silence, excepting, at times, disturbed by the enemy's cannon. The Prince now waited for his foot, and the rear of his horse, both of which had been left behind at the distance of two miles: the van be^an to double their march to come up to the enemy, anon came up the foot, all that day commanded by Colonel Tillier, these, after halting awhile upon the hill, the first division being part of those who came from Shrewsbury ^ were led on by the Colonel, and marched down in the face of the enemy, hooting, in derision, at their cannon, and being flanked by some horse, thev were wheeled to the ri^ht into a meadow. On their arrival, the enemy drew all their horse and foot within their Spittle work, and both sides saluted each other, though at too great a distance, with a short volley. Colonel Tilliers orders were to march up to the river's side, in order to take the boat-bridge from the enemy ; but this being strongly guarded, he was glad to retire, and take ground out of the 72 SIEGE THE SECOND. reach of the cannon. In the mean time divers other bodies were brought into the field, who, charging up to the enemies work, killed many; Loughborow's men being left upon the hill as a reserve. Thus was the valley bespread with the Prince's battalions, Sir Richard Byron, Governor of Newark, having previously sent a part of his garrison, both horse and foot, into another ground on the south-east side of the town. By this time the Prince had notice given him, by a prisoner, and also by a deser- ter, how much the enemy were distressed for want of victuals, and that they were not able to live there two days. Whereupon he began to resolve upon other counsels, esteeming it cheaper to block up their trenches, than to storm them. And blocked up already were they in a very narrow space, no more being free than the rear of the Spittle towards the river. Besides which, they were on all sides, by this time surrounded by the royal forces. On the south side by the town; on the east by the Prince ; and on the north by Colonel Tillier. Into the Island on the west, the Prince had detached 500 horse, besides 200 of the SIEGE THE SECOND. 73 Newark troopers. Thus, the late blockers found themselves besieged, and without much hope of sudden relief, or safe means for sally j for so well had the Prince ordered them, that, had they sallied forwards, he had fallen upon them on their first issuing out, both in front, and flanks, with his army, and the town had charged them upon their rear. Had they attempted to escape over their boat-bridge, those in the isle had disturbed their passage, and others entertained them on coming over. " By this time had the Prince commanded Sir Richard Byron with his own, and Sir Gervas Eyre's horse regiment, with 800 of Sir John Dighy's foot, to advance so high into the Island, as to put in betwixt the enemy's two bridges; by which interposition was all intercourse cut off betwixt their greater body at the Spittle, and those at Maskham bridge : upon this, those eight colours at the bridge retreated as aforesaid. Under favour of those town forces too, was the Prince resol- ved to cast up a redoubt that night betwixt the bridges, but going to view r the ground, the 74 SIEGE THE SECOND. enemy sent out a trumpet, to desire a parley. To make way for this, and the more to sweeten and oblige the Prince, had Sir John Meldrum, some hours before, sent home Colonel Gerard, but, upon the parole of a soldier and a gentle- man, to return himself a prisoner whenever he should be called. They having sent to parley, quitted their bridge, which the Prince present- ly possessed by 100 Musqueteers. For the mrley^ on the Prince's side were appointed Sir Richard Crane, captain of his life guards, Sir William Neale, scout master general, the other sending Sir Miles Hobard, and Sir John Palgrave, two Colonels of Norfolk, on their part. The Prince's horse were so overmarch- ed, and the foot so beaten off their legs by long marches, that he found his men not very able to engage anew, and the enemy were more than was believed ; so that he was willing to give them good conditions, and the rather, for that, by an intercepted letter it appeared, the Lord Fairfax and his son Sir Thomas, being commanded by the council of state, to march, to other places, might, ere long, have need of his presence, so that, at length, he condescended to these articles. SIEGE THE SECOND; 7& 1. That all match, bullet, powder, cannon and all other fire arms belonging to the artillery be delivered.* 2. That all soldiers march away with their swords by their sides, and colours and drums. 3. That all officers march without molesta- tion, with their arms and horses for themselves and servants, and all bag, baggage, money and whatsoever doth truly belong to themselves. 4. That all troopers and dragoons march with their swords, horses and colours. 5. That his Highness send a convoy to protect us from any injury two miles from the utmost of his Highness quarters. Dated March 22nd, 1643. Although only one of the besieging com- manders is particularly mentioned in the engagement, yet it is certain Sir Michael * By this victory above 4000 stand of arms, 11 pieces of brass cannon, and 60 barrels of powder fell into the hands of the Prince. The arms were left behind as the brave inhabitants of the town wished to form themselves into Volunteer companies in order to assist the garrison. The muster roll of those heroes would have been invaluable* v2 76 SIEGE THE SECOND. Hubbard had his quarters at Balderton and Lord Willoughby of Parham occupied Bea- con-hill at the time of the Prince's arrival. There is an apparent inconsistency on the face of this account, yet by a little attention to situation and circumstance the involving doubts are easily cleared. It may excite some surprise to hear of Prince Rupert marching from Bingham, south-west of Newark at two o'clock in the morning of the 21st, and find him, between eight and nine making an attack on Willoughby's division on Beacon- hill, which is due east ; but it must be recollected that Hubbard lay at Balderton, and probably, the Prince fearing to alarm that quarter if he passed between him and Newark, took a circuitous rout at the back of Balderton and from thence fell into the line of the Cod- dington road ; otherwise how can upwards of six hours march be accounted for, in travers- ing so short a distance. This well contested battle was fought near to the north gate ; and so great was the panic occasioned by the exploit,, that Hubbard and Willoughby immediately SIEGE THE SECOND. 77 broke up, and the garrisons of Gainsborough, Lincoln and Sleaford were abandoned by the parliamentary forces. It was an occurrence during this relief which gave rise to the traditional anecdote of the OLD DRUM. The garrison being nearly starved out, the governor was under hourly apprehensions that the brave townsmen would commit some act of desperation in order to relieve their distresses. Since the rumour of the expecta- tion of the Prince's army in the neighbourhood, the lines of the enemy were so much contract- ed, that it was almost impracticable to acquaint him with the extent of their priva- tions, without danger of the intelligence being intercepted. The Prince wished to concert with the governor the most feasible means of attacking the enemy with a prospect of success, and had communicated a character under which they were to correspond for that pur- pose; but after sending two messengers with this, and notice of his arrival, and only one of 78 SIEGE THE SECOND. them having gained the town, the governor justly apprehended the other had been inter- cepted by the enemy, and the secret thereby discovered. He at length dispatched the following message, which he trusted would not be understood, even if the character in which it was written should be, by any one excepting those to whom it was directed. For as numbers deserted daily, he durst not entrust any individual with the nature of the dispatch he carried. The words of the letter were these— " Let the OLD DRUM on the north side be beaten early on the morrow morning." — By the Old Drum was intended to be meant Sir John Meldrum.* During this siege Mr. Clay, a tradesman of eminence, whose dwelling stood in the Market place, dreamed three times successively in the same night that his house was in flames, ^he arose on the third w T aming, exceedingly terrified and in extreme agitation, alarmed * This able commander was killed at the siege of Scarborough Castle between two and three years after. SIEGE THE SECOND. 79 the whole family, and caused them to quit the premises ; though, at that time, all was in perfect safety, and not the least appearance of fire. Soon after, a bomb from a battery on Beacon-hill, intended, as was supposed for the governor's habitation, fell upon the roof of his house, and penetrated through all the floors, but, happily, did • but little execution. In memory of this very extraordinary escape , a sermon is preached every year on the 11th of March, the anniversary of the event, and a penny laof given to every poor inhabitant of the town. In the same siege a cannon ball perforated the north-east cant of the spire of the Church, a little below the bottom window, the aperture remains visible. The subsequent part of this year, the war was carried on, chiefly, in the western coun- ties; but, early in the spring 1644, it was deter- mined by the parliament, to endeavour to shut out Charles entirely from the northern parts of the kingdom. Newark was the only strong- 80 SIEGE THE THIRD, place which presented a serious obstacle to this design, accordingly a numerous army, un- der the command of Lord Fairfax was ordered to form the third siege. SIEGE THE THIRD. This was carried on during the whole of the year with great vigour; yet, notwithstand- ing the strict beleaguer, the brave Newarkers did not let slip any opportunity, that offered, of evincing their enterprising spirit, for on the 22nd day of December, they surprised two troops of the Nottingham horse at Upton, and brought them off prisoners. In the beginning of 1645, the blockade was so strict that the miseries of famine made dreadful havoc a- mongst the garrison. Desperate sallies were made to obtain, even a temporary suspension of the pangs of hunger, nevertheless, the most tremendous cannonades were borne with SIEGE THE THIRD. 81 undaunted firmness ; when Prince Rupert being made sensible of the dangerous state of the place, determined on an attempt being made for its immediate relief. The command of this expedition was en- trusted to Sir Marmaduke Langdale, an able and experienced officer. It was, perhaps, the most arduous service which occurred in the course of the Avar. An account, taken from the Manuscript copy of a gentleman who was of the party, was printed in the year 17S2, and as the book is now growing rather out of memory, it may not be irrelevant to present it to the reader in the Author's own words. " I was quartered all this winter at Ban- bury, and went little abroad ; nor had we any action till towards the end of February, when I was ordered to march to Leicester with Sir Marmaduke Langdale, in order, as we thought, to raise a body of men in that county, and Staffordshire, to join the King." " We lay at Daventry one night, and con- 82 SIEGE THE THIRD. tinned our march to cross the river Nen, above Northampton, that town being in pos- sesion of the enemy ; we understood a party of the Northampton forces were abroad, and in- tended to attack us. Accordingly, in the afternoon, our scouts brought us word, the enemy were quartered in some villages on the road to Coventry ; our commander thinking it much better to set upon them in their quar- ters, than to wait for them in the field, resolved to attack them early in the morning, before they were aware of it. We refreshed ourselves in the field for that day, and getting into a great wood near the enemy, we stayed there all night, till almost break of day, without be- ing discovered. " In the morning, veiy early, we heard the enemy's trumpet sound, to horse ; this roused us to look abroad ; and sending out a scout, he brought us word that a party of the enemy was at hand. We were vexed to be so disap- pointed, but, finding their party small enough to be dealt with, Sir Marmaduke ordered me to charge them with 300 horse and 200 dra- SIEGE THE THIRD. 83 goons, while he, at the same time, entered the town. Accordingly I lay still till they came to the very skirt of the wood where I was posted, when I saluted them with a volley from my dragoons, out of the wood, and immediately shewed myself with my horse in their front, ready to charge them ; they appeared not to be surprised, but received our charge with great resolution; and, being above 400 men, they pushed me vigorously in their turn, put- ting my men into some disorder. In this extremity, I sent to order the dragoons to charge them in the flank, which they did with great bravery, and the other still maintained the fight with desperate resolution. There was no want of courage in the men on both sides; but our dragoons had the advantage, and at last routed and drove them back to the village. " Here Sir Marmaduke Langdale had his hands full too ; for my firing had alarmed the places adjacent, that when he came into the town he found them all in arms; and, contrary to his expectation, two regiments of foot, with 84 SIEGE THE THIRD. about 500 horse more. As Sir Marmaduke had no foot, only horse and dragoons, this was surprise to him; but he caused his dragoons to enter the town and charge the foot, while his horse secured the avenues." " The dragoons bravely attacked the foot, and Sir Marmaduke falling in with his horse, the fight was obstinate and very bloody, when the horse that I had routed came flying into the street of the village, and my men at their heels. Immediately I left the pursuit, and fell in with all my force to the assistance of my friends, and after an obstinate resistance, we routed the whole party; killed about 700 men, took 350, 27 officers, 100 arms, all their baggage, and 200 horses, we then continued our march to Harhorough and halted to re- fresh ourselves." " Betw r een Harhorough and Leicester, we met with a party of 800 dragoons of the Par- liamentary forces. They found themselves too lew to attack, and therefore to avoid us, had got into a small wood j but perceiving them- SIEGE THE THIRD. selves discovered, came boldly out, and placed themselves at the entrance, of a lane, lining both sides of the hedges with their shot. We immediately attacked, and beat them from the hedges into the wood, and out of it, forcing them at last to a downright runaway, on foot, among the inclosures, where we could not follow them, killed about 100, and took 250 prisoners, with all their horses, and came that night to Leicester. When we came there, and had taken up our quarters, Sir Marmaduke Langdale sent for me to sup with him, and told me, that he had a secret commission in his pocket, which his Majesty had commanded him not to open till he came to Leicester ; that now, he had sent for me, to open it to- gether, that we might know what it was we were to do, and to consider how to do t it; so pull- ing out his sealed orders, we found we were ta get what force we could together, and a cer- tain number of carriages with ammunition^ which the Governor of Leicester was to de- liver us, together with a certain quantity of provision, especially corn and salt, in order to* relieve Newa.uk.." 86 SIEGE THE THIRD. " This town had long been besieged ; the for- tifications of the place, together with its situa- tion, had rendered it one of the strongest in England ; and as it was the greatest pass in the kingdom, so it was of vast consequence to the King's affairs. There was in it a garrison of brave old rugged boys, fellows, that like Count Tilly's* Germans, had iron faces, and they had defended themselves with extraordi- nary bravery a great while, but were reduced to an exceeding strait for want of provisions." " Accordingly we received the ammunition and provision, and away we went for Newark; about Melton Mowbray f Colonel Roseter set upon us, with above 3000 men; we were about the same number, having 2500 horse, and 800 dragoons. We had some foot, but they were still at Harhorough y and were ordered to come after us, " Roseter, like a brave officer, as he was, charged us with great fury, and rather outdid * A celebrated Austrian general of that time. f February 25, 1645. Wharton. SIEGE THE THIRD. 87 us in number, while we defended ourselves with all the eagerness we could, and withal gave him to understand we were not to be beaten so soon as he expected. While the fight continued doubtful, especially on our side, our people, who had charge of the car- riages and provisions, began to enclose our flanks with them, as if we had been marching; which, though it was done without orders, had two very good effects, and which did us extra- ordinary service. First it secured us from being charged in the flank, which Roseter had twice attempted; and secondly, it secured our carriages from being plundered, which had spoiled our expedition. Being thus en- closed, we fought with great security; and though Roseter made three desperate charges upon us, he could never break us. Our men received him with so much courage, and kept their order so well, that the enemy find- ing it impossible to force us, gave over and left us to pursue our orders. We did not offer to chase them, but were contented enough to have repulsed and beaten them off, and our business being to relieve Newark, we pro- ceeded. 88 SIEGE THE THIRD, If we are to reckon by the enemy's usual method, we gained the victory, because we kept the field, and had the pillage of their dead; but otherwise, neither side had any great cause to boast. We lost about 150 men and nearly as many hurt ; they left 170 on the spot and carried off some. How many they had wounded we could not tell; we got 70 or 80 horses, which helped to remount some of our men who had lost theirs in the fight. We had however, this disadvantage, that we were to march on immediately after this service ; the enemy only having to retire to their quarters, which were but hard by. This was an injury to our wounded men, who were afterwards obliged to be left at Belvoir Castle, and from thence we advanced to Newark." " Our business at Newark was to relieve the place, and this we resolved to do, what- ever it might cost, though, at the same time, we resolved not to fight, unless we were forced to it. The town was rather blocked up, than besieged; the garrison was strong, but ill provided; we had sent them word of our com- SIEGE THE THIRD. 89 ing, and our orders to relieve them, and they proposed some measures for our doing it. The chief strengtli of the enemy lay on the other side of the river; but they having also some notice of our design, had sent over forces to strengthen their leaguer on the other side. The garrison had often surprised them by sal- lies, and indeed had chiefly subsisted for some time by what they brought in on this manner.' ' " Sir Marmaduke Langdale, who was our general for the expedition, was for a general attempt to raise the siege; but I dissuaded him from it; first, " because if we should be beaten, as might be probable, we should then lose the town," Sir Marmaduke briskly re- plied, " a soldier never ought to suppose he should be beaten/' " but Sir, (says I) you will get more honour by relieving the town, than by beating them ; one will be a credit to your conduct, as the other will be to your courage ; and, if you think you can beat them, you may do it afterwards, and then if you are mistaken, the town is, nevertheless secured, and half your victory gained." G 90 SIEGE THE THIRD. " He was prevailed with to adhere to this advice, and accordingly we appeared before the town, about two hours before night. The horse drew up before the enemy's works ; the enemy drew up within their works, and seeing no foot, expected our dragoons would dismount and attack them. They were in the right to let us attack, because of the advantage of their batteries and works, if that had been our design ; but, as we intended only to amuse them, this caution of theirs effected our intent; for while we thus faced with our horse, two regiments of foot> which came up to us but the night before, and w r ere all the infantry we had, with the waggons of provisions, and 500 dragoons, taking a compass clean round the town, posted themselves on the lower side, by the river. Upon a signal, the garrison agreed on before, they sallied out at this very juncture, with all the men they could spare, and divi- ding themselves into two parties, whilst one party moved to the left to meet our relief, the other fell upon that body which faced us. We kept in motion, and upon this signal advanced to their works, our dragoons fired upon them, SIEGE THE THIRD. 91 and the horse wheeling and countermarching often, kept them in continual expectation of an attack. By these means the enemy were kept employed, and our foot, with the waggons, appearing on that quarter where they were the least expected, easily defeated the advanced guards, and forced that post ; where, entering the leaguer, the other part of the garrison, Avho had sallied that way, came up to them, received the waggons, and the dragoons enter- ed with them into the town. That party which we faced on the other side of the works ; knew nothing of what was done till it was over; the garrison retreated to the town in good order, and we drew off, having finished what we came for, with little fighting. Thus we plentifully stored the town with all things wanting, and with the addition of 500 dragoons to their garrison; after which we marched away." All hope of reducing the town by famine, being for the present extinguished ; early in March, the besieging forces broke up, and the brave garrison were once more set at liberty. g2 92 SIEGE THE THIRD. The gallant use they made of that liberty, will furnish brilliant matter for the ensuing pages. The parliament, besides their head quarters at Nottingham, had a strong garrison at Gran- tham, and considerable forces at Southwell, Shelford, Belvoir Castle, Torksey and Wel- beck. The garrison of Newark attacked all these places at different times, and generally, with more success than their numbers might seem to warrant. 93 PARTICULAR ENTERPRIZES OF THE NEWARKERS, Surprize and Plunder of Nottingham. About the beginning of September, 1642, all the horse being drawn out of Nottingham, and the troops in Newark apprised that the garrison was in a destitute state, issued out in detached parties, and swept the whole country up to the walls of that place. The alarm occasioned by these proceedings was very con- siderable; at length on Tuesday the 18th of September, the brave Sir Richard Biron, with 600 of his men effected an entry, and during the space of five days lived upon free quarter. Finding however, that not the least impres- sion was to be made upon the Castle; on Saturday the 23d, being about to evacuate the town, they were assaulted by Captain 94 ENTERPRIZES OF THE NEWARKERS. White, who had under him about 400 men ; the affair was warmly agitated for some time, and Sir Richard Biron in imminent danger, he was stricken dowp, but escaped with the loss of his hat; his horse was mortally wounded and fell dead in the adjacent street. The Cavaliers nevertheless, made good their retreat, to the Trent bridge, which was in their possession, and where they had erected a small fort, leaving behind 25 of their men besides some killed ; but the booty and prisoners they car- ried off was considerable, and which they sent down the water in boats to Newark. Not a few of the townsmen accompanied them, amongst whom was Dr. Plumptre, one of the Nottingham committee. In this instance many of the seceders took pattern by an exam- ple of high antiquity ; for, they not only re- moved their own chattels, but borrowed of their neighbours whatever seemed eligibly portable. The Newark forces now threw themselves into the fort, which thev had ren- dered as strong, as the time and circumstances would permit; here they remained till the ENTERPRIZES OF THE NEVVARKERS. 95 Friday morning following, when having receiv- ed certain information that greatly superior numbers were collected to attack them, they silently marched out, and gained their own garrison without loss. This step without doubt was dictated by prudence, for though there does not appear to have been any lack of provisions, and necessaries, they leaving behind them 80 sheep, 100 loads of coal, 20 quarters of oats, and much hay, yet as all the parlia- mentary garrisons in the neighbourhood were in full alarm, they, probably, must have been, in a short time, under the disagreeable necessi- ty of surrendering. All the works they left standing; but broke up two of the arches of the Trent bridge, to hinder a pursuit. The Republicans immediately manned the fort. SECOND ENTRY INTO NOTTINGHAM. In the month of December ensuing, several conferences were held amongst the leaders of the Cavalier party in and about the neighbour- hood of Newark, the result of which was a resolution to again endeavour to gain posses- 96 ENTERPRIZES OF THE NEWARKERS. sion of the Castle of Nottingham. Many of the principal inhabitants were favorable to the cause, the garrison not very numerous, and the walls, in some places, easily attainable. Ac- cordingly on Monday evening, the fifteenth day of January, 1643, in a severe frost and very deep snow, all the Newark forces were marched out, and by way of feint, on the road to Sleaford. They soon, however, by wheeling to the right unmasked this, and early on the Tuesday morning, intelligence arrived at Nottingham, that the enemy were at hand. All was bustle in the garrison, a company of foot was sent to man the works, and a party of horse dispatched to dispute the passage into the town ; but they, perceiving the assailants to be numerous, and not any of the inhabitants turning out to their assistance, hastily retreat- ed to the Castle in which safe plan they were soon joined by the foot. The first party that entered the gates was commanded by Lieutenant Colonel Cartwright, who had laboured under so much indecision, that only a few days before, he had applied to ENTERPRIZES OF THE NEWARKERS. 97 the Governor for a protection, as a preliminary to coming in and laying down his arms. The Governor having upbraided the re- creant horse, in very severe terms, on their pusillanimous conduct, they instantly dis- mounted, and took muskets, for the purpose of serving as foot, when, being joined by the remainder of the garrison, about noon, they sallied out of the Castle, and several smart skirmishes ensued. The Governor recalled his men into the Castle, this seems only to have been a lull, for whether from ill adopted security arising from dependance on auxili- aries without, or perhaps, from the too general complexion of those times, a thirst afterplunder, remissness ensued ; which being noticed from the fortress, a general sally was made, on the rather unprepared troops; but having at length in some degree, recovered regularity, they disputed the ground street by street, till being overwhelmed by superior numbers, they were obliged to evacuate the place. The loss was about 40 killed and 80 made prisoners. 98 ENTERPRIZES OF THE NEWARKERS. Although the attempt was thus rendered abortive, yet this affair reflected the highest honor on the Newarkers, in point of bravery, for notwithstanding there were upwards of 1000 men, on the west side of the town, under the command of Sir Charles Lucas, drawn up to keep the Derby and Leicester forces in check, who did not make their appearance; and a considerable body under Mr. Hastings, selected from the garrisons^of Belvoir and Wi- verton; yet were these intrepid men suffered to abide singly the brunt of the conflict : and even to rely on their own horse, which they had stationed on the outside of the walls as a reserve to cover their retreat. CAPTURE of the FORT at the TRENT-BRIDGE. On Sunday the 19th of April, 1645, the Governor of Newark having received private information that the fort at the Trent bridge was but negligently kept, detached a party for the purpose of surprising it. This they perform- ed with very trifling loss, killing about 30 men who guarded it, with their ensign. It was evacuated four days after. ENTERPRIZES OF THE NEWARKERS. 99 GOVERNORS SUPERSEDED. About this time, disputes ran so high, be- tween Sir Richard Biron, and the King's commissioners at Newark, that in the end he was displaced, and Sir Richard Willis ap- pointed in his stead. This man was an un- worthy substitute for the loyal Biron, as he afterwards became one of Cromwell's principal spies. On the defeat at Naseby, the King retired into Wales, and the broken forces of his party threw themselves into Newark, as the strongest and best fortified hold the royal- ists retained. Here, by a circuitous rout Charles joined them, with a body of 3000 men. Discontent reigning amongst his commanders, Willis was dismissed and the Lord Beliasis appointed Governor. The King continued here until apprehensive of being besieged by the Scots who were approaching, and then in the night of the 6th of November, 1645, quitted it for Oxford. Whilst he was at Newark, Prince Rupert waited upon him to shew cause for the most unexpected surrender L.oFC. 100 ENTERPRIZES OF THE NEWARKERS. of Bristol, and remained here till he obtained a pass from the Parliament to retire out of the Kingdom. ANOTHER DRUM. In the year 1644, a party of the King's forces from Newark left the town to collect contributions, and took into custody some countrymen who were in arrear ; the com- mittee of Nottingham, receiving notice there- of, detached a party for the purpose of rescuing them ; the Newarkers perceiving themselves likely to be overmatched, retreated in haste, leaving their prisoners and five or six of their own men behind. Elated at this success, the republicans pushing rapidly and incautiously forward, fell in with a fresh body of troops, that, in the mean time, had issued from New- ark, who quickly routed them, retook the prisoners and captured of the parliamentary party Major MELDRUM, Lieutenant Smith, and about 28 soldiers with their arms and horses. ENTERPRIZES OF THE NEWARKERS. 101 STORMING OF LEICESTER. At this time Leicester, was a place of the greatest importance the parliament possessed in these parts, it was strongly garrisoned, and ably commanded by a governor of the name of Pye. General Fairfax was now closely besieg- ing Oxford, and not any thing appeared more likely to draw him from thence, than the fur- nishing a necessity for relieving some other for- tress. Accordingly towards the close of May, 1645, Leicester was completely invested by Prince Rupert, and Sir Marmaduke Langdale, with their horse. The governor evinced such masterly skill in defending the place, that, al- though the heavy artillery of the royal army soon effected a breach in the walls, yet the as- sailants began to despair of success ; when a large party of horse being sent off, by the go- vernor of Newark to their assistance, their arrival decided the fate of Leicester, for these troops being in full vigour, w r ere dismounted,, and immediately attacked in breach, while the remainder of the royal forces, by a feint on the 102 ENTERPRIZES OF THE NEWARKERS. contrary side, deceived the garrison so com- pletely, that the Newark heroes entered the town by storm. This occurred on the 31st of May, 1645 ; the town was sacked, under the eye of the Monarch ;*■ and 1200 men made prisoners, the loss on the royal side was incon- siderable. It was, however, regained by the parliamentary on the 18th of June following, four days after the fatal battle of Naseby. Welbeck house was surprised by a party from Newark, July 16th, 1645, where they made 200 prisoners, and took three pieces of cannon. August 1st, 1645, Torksey Castle was taken by the Newarkers. * Charles repaired thither from Newark, for the espe- cial purpose of being present at the assault. 103 SIEGE THE FOURTH. The Scots army entered England on the 16th of January, 1644. After having been employed in many arduous undertakings, and according to their idea, but indifferently remu- nerated, they began to be much out of humour. Their forces had been before the city of Here- ford some time, when, on a sudden, the 2nd of September, 1645, they raised the siege, and retired into Yorkshire; openly complaining of entire neglect. The Parliament alarmed at such prompt procedure, dispatched Commissioners to them, with orders, if possible to allay the ferment. On the close of much debating, it was finally agreed, that the sum of thirty thousand pounds should be paid to them, on condition they ap- 104 SIEGE THE FOURTH. peared before Newark, upon the 1st of Nov, 1645; and the eastern associated counties of Nottingham, Derby, Leicester and Lincoln should discharge the same, at the rate of four- teen thousand pounds per week. Matters being thus accommodated, the siege of New- ark commenced about the end of October, for the Scots were certain not to be behind hand in attendance, where money was stirring. Newark was now invested in form, by a numerous army of Scots and English, admira- bly commanded and well supplied with stores and implements of destruction fitted to the purpose. The head quarters of the Scots, un- der the Earl of Leven, were at Kelham, their encampment, a few years since was appar- ently perfect, but the plough has made some encroachments, yet sufficient vestiges are re- maining to point out its magnitude and regu- larity. Poyntz, who had brought a large force out of Cheshire, was stationed at Farn- don. On the 1st of January, 1646, the garrison made a furious sally upon his works, by way of a new year's gift, and did much SIEGE THE FOURTH. 105 damage, killing above 200 men; and on the 1st of April a far more effectual one. * Colonel Roseter's quarters were at Balderton, Colonel Henry Grey's at Winthorpe, and Colonel Tho- mas Grey's at Coddington. To this formidable array, the works sur- rounding the town exhibited a bold and surly defiance, whilst the Castle, frowning in super- eminence, hurled destruction at pleasure, on its daring opponents. Added to this gigantic struc- ture, two minor fortifications were of consi- derable service in annoying the approach of the enemy; one of them called THE KING'S SCONCE. This was a very strong work raised at the Spittle, a lofty house was built in its centre, and the whole garrisoned by the loyal towns- men, they were forn^d into a regiment, of which Mr, Edward Twentyman was the first Captain. This work not only keut the forces * January 1st, and April 1st, two remarkable days. H i06 SIEGE THE FOURTH. under the Grey's, at Winthorpe and Codding- ton, upon the alert, but occasionally played upon the Scots quarter in the island, it was situated on a rising ground, near to the edge of the water, and a short distance from the present St. Leonard's Hospital. The buildings have, long since, been taken away, but the remains of the fortification are still apparent in two adjoining closes, the property of William Handley, Esq. A wind-mill occupied by a person of the name of John Clark, stands on the western angle. THE QUEEN'S SCONCE. This remarkably bold work presents itself to view, in a close adjoining the road leading to Nottingham, and nearly opposite to a long well known public place of resort, called the Spring House \ somewhat more than half a mile from the Church. Every part of the fortification remains perfect. It is impossible to conceive a more imposing aspect than this mark of determined resistance and annoyance, even now* assumes. The trench is of amazing SIEGE THE FOURTH. 17 depth, and the ascent to the works, in every part, so extremely abrupt, as to bid defiance if duly manned, to any attempt at dislodgment. There is not the slightest tradition of it ever having been carried by assault, or of the pre- cise time of its formation. It completely commanded the head quarters both of Poyntz, at Farndon, and Roseter, at Balderton, as likewise their field positions ; that of the former being within a very short distance. At certain times the situations of those two able generals were not, by any means, enviable. Long may it remain a testimony of Newark tenacity ; may no avaricious, improving hand, e'er wound its summit, or tear the moss grown trophy from its frowning brow ! Charles having escaped in disguise from Oxford, arrived at the Kings Arms,* in South- well, on Wednesday morning, May 6th, 1646. Sending for the Scotch Commissioners, who were then at the Palace, before dinner, they dined in company at the Inn ; and in the after- noon he delivered himself up to them. He * See History of Southwell, P. 1$|. h2 108 SIEGE THE FOURTH. was then conducted under an escort of their army to Kelham, and from thence to a part of the works called Edinburgh, the Earl of Leven's quarters, situate a little to the eastward of that village, and over apart of which lies the present foot path to Newark. On the King discovering himself to the Earl, he, with the most flagrant hypocrisy expressed much sur- prise. The King was then conducted to Kelham house, under pretence of better ac- comodating, and doing him the more honor, but in fact to keep him close prisoner. That night he was induced to sign an order to Lord Bellasis for the surrender of Newark.* The articles of capitulation were executed on the 7th, and on the same day, the Scots marched * The letter was in the following words, " Bellasis, Such is the condition of affairs, at present, that I can give no hope at all of relief, nor of better condi- tions than those I sent you last night, therefore the best for my service will be that you conclude upon them with all expedition, the chief reason being that according to my design, I am necessitated to march with the Scots army this day northward, but cannot move till the agreement i* consented to by you. Charles Rex.** SIEGE THE FOURTH. 109 off for the north, with the King in their train j they arrived at Newcastle on the Wednesday following. Nothing could equal the grief and conster- nation which reigned throughout Newark, when Lord Bellasis promulgated his orders, the Castle was in a condition to have held out several months, the loyal inhabitants were chagrined beyond measure, and as Thoroton reports, " the valiant Mayor, Mr. Smith * urged the Governor with tears to trust God and sally, rather than think of yielding the town," though at that time the plague raged violentlv amongst its inhabitants. It is even said, the townsmen conducted by the Mayor, presented themselves three several times be- * The author of the Modern History of Newark, states this circumstance to have happened during the Mayoralty of Mr. Baker ; which appears to be erroneous from his own list of those officers. The name of William Baker, does indeed stand against the date 1646 ; but then it should be recollected, that he did^not enter upon his office till Michael- mas in that year, in consequence of which the surrender must have taken place in the time of his predecessor Smith, as Tharoto7i 9 who was a living evidence testifies. 110 SIEGE THE FOURTH. fore the Governor, assured him of their strength both in provisions and ammunition, and urged him on their knees, to disobey his Majesty's commands. The Lord Bellasis sent the King word of the resolution shewn by the loyal N^w- arkers, but his Majesty commanded him, on his allegiance, to obey the order. The Articles of Capitulation ran as fol- lows, — 1. That the garrison, with all the ord- nance, arms and ammunition, shall be delivered up to the Commissioners for the Parliament of England. 2. That the Lord Bellasis, Governor, with all officers, gentlemen, and clergy, shall march away with their horses and swords unto any garrison of the King's, not besieged, or to their own houses. 3. The soldiers to have staves in their hands, and their own goods, and all of them to have three months time to make their peace with the Parliament, or failing, to be allowed passes to go beyond sea, SIEGE THE FOURTH. Ill These articles were signed by the under- named Commissioners :— • Commissioners of both Commissioners of Lord Kingdoms. Bellasis* Alex. Popham, Marm. Darcye, Fr. Thornhaigh, Thos. Ingram, John Hutchinson, Ger. Neville, Hen. Grey, Brian Palmer, John Scott, Ant. Eyre, Rich. Thornton, Sam. Fanshaw, Arch. Douglas, Jonathan Atkins, Gilb. Carr, Hugh Cartwright, Phil. Twisleton, Ant. Gilbye, Job. Archer. Edw. Standish. Confirmed this 7th day of May, 1646. J. BELLASIS. On the very day the articles were signed, the Scots marched off towards the north, carrying the King with them j* they arrived at Newcastle on the Wednesday following. A violent clamour has been raised, about duplicity practised by the Scots, in the course * The great road to the north from London, lay at that time, through Southwell. James I, on his accession, came through that place. Monck in 1659 — 60, took the same route. 112 SIEGE THE FOURTH. of their negociations with both parties, and such expressions used, as might induce a foreigner to harbour an idea, that vice, of that description, was endemial only to soil north of the Tweed. The Scots, are, in gene- ral, a sober, steady people ; their enterprizes, for the most part, are succesiful, because they do not, like their wiser southern brethren, arrogantly claim achievement as a right, but sedulously endeavour to attain it as a reward. As almost every man in the kingdom of Eng- land was, at that time, a proclaimed rogue, by one tongue or other, how could the Scots, who certainly were applied to by both parties, act, but by dealing with them as such. That they lied is manifest \ but that they did it adroitly is perhaps somewhat to their credit. The Par- liament was greatly in arrear to them, in the item of pay, they wanted a tangible pledge, and well knew if they could gain possession of the King's person, there was a chance of clo- sing the accomptj they angled dexterously, and to appearance on the surface, but it was by diving underneath, the prize was obtained. When taken, it was to appear the work of ac- SIEGE THE FOURTH. 113 cident, hence the affected surprise that Leven expressed on Charles' discovering himself at Kelham. The Parliament, when too late, dis- covered they were outwitted, and were silly enough to shew airs of superiority, in demand- ing an account of the manner by which the King came amongst them. Inw r ardly sneer- ing at such blustering impotence, the Scots coolly returned an answer, which, perhaps, has not its equal to be found throughout the rascally annals of diplomacy. They averred, " That the earnest desire they had to keep a right understanding between the kingdoms, moved them to acquaint them with the strange providence wherewith they were surprised, together with their carriage and desire there- upon. That the King came yesterday into their army in so private a way, that after they had made some search for him, upon the sur- mises of some persons who pretended to know his face, yet they could not find him in sundry houses. That they believed their lordships would think it a matter of much astonishment to them, seeing they did not expect him to come into any place under their power. They 114 * SIEGE THE FOURTH. conceived it not fit to enquire into the causes, but to endeavour that his being here might be improved for the procuring the work of uni- formity, for settling religion, and attaining of peace, according to the league and covenant, and treaty, by the advice of the Parliaments of both kingdoms, and their Commissioners au- thorised to this effect. That, trusting to their integrity, they were persuaded that none would so far miscontrue them, as that they in- tended to make use of this seeming advantage, for promoting any other ends than were ex- pressed in the covenant ; and had hitherto been pursued by them with no less conscience than care. That for further satisfaction, they did ingenuously declare, that there had been no treaty or capitulation betwixt his Majesty and them, nor any in their names ; but that they left the ways and means of peace to the Parlia- ments of both kingdoms, and so far as con- cerned them, as they had a witness in Heaven, they were confident to make it appear, that there was nothing more in their device, than in all their resolutions and proceedings to ad- here to the covenant and treaty. That their SIEGE THE FOURTH. 115 greatest thought should be taken up in study- ing, and their utmost abilities be employed in acting those things which most advanced the public good and common happiness of both kingdoms, wherein by the help of God, they should labour to use so much tenderness and care, that they hope it shall soon appear, their actions were the result of honest and single in- tentions. That they could not, in a matter of so deep consequence, and common interest, but seek their lordship's advice; for which effect they had also written to the committee of affairs in Scotland, with intentions to move joint consent, and resolutions, that after a seed time of afflictions, we might reap the sweet fruits of truth and peace. s igned by Leven, • Glendowyn, Belcarris, Lothian, Freeland, Sir T. Carre, DUMFERLING, John Johnstone." Hume, Notwithstanding all this pious cant, it came to pass, that on the receival of the sum of 1 16 SIEGE THE FOURTH. ^400,000, they delivered their countryman into the hands of his enemies. It is true the money was really their due, and credit was given upon a somewhat obsolete security, as England had not had a King in pawn since the days of Richard I, when the time's price appears to have been 100,000 marks of silver, about one-sixth part of the latter sum. What particular circumstances enhanced the value of the commodity, is not precisely known ; but about 450 years had made the difference sur- prisingly great. There were about 1800 men in the gar- rison at the time of its surrender, the greater part of whom disbanded themselves on march- ing out; not relishing any further service. On Monday 12th of May, 1646, the neigh- bouring country was summoned to attend with spades, pickaxes, shovels, hammers, and other instruments of demolition ; and some of the works were rendered untenable, others totally levelled. Not any vestiges of the line of Forts are now discoverable. SIEGE THE FOURTH. 117 LIST OF ORDNANCE, STORES, 8{c. TAKEN IN NEWARK. One large piece of ordnance called Sweet Lips. Eleven pieces more of large calibre. Two mortars. Several drakes and small pieces. 4000 stand of arms. 40 barrels of powder. Many thousand pounds weight of bullets and lead. Match and other ammunition pro- portionally plentiful. Abundance of salted provisions, in tolerable preservation. Fresh meat and poultry some- what scarce. Plenty of corn, beer and wine many barrels, some butter and cheese, a small quantity of fuel. The following Noblemen, Gentry and others, marched out of Newark to their own houses, on promise of submission to the ordi- nances of parliament. 118 SIEGE THE FOURTH. NOBLEMEN. Lord Bellasis, Governor, Lord. Lexington. Davencourt. KNIGHTS. Sir John Burrell, Sir Philip Constable, — Guy Palms, — Thomas Ingram, — Charles Dallison, — Bryan Balmes, — George Hennings, — Jarvis Neville, — Robert Fredway — Simon Fanshaw, — Jarvis Skroop, And some others. DIGNIFIED CLERGYMEN. Doctor Farmer, Chancellor of Lincoln, Dean of York, Hurst, &c. PRINCIPAL OFFICERS. Major General Eyre, Colonel Herne, Colonel Gilby, ■■ Darsey, . , — Trollop, * Atkins. 119 A LIST OF NOBLEMEN AND GENTLEMEN, Slain m his Majesty's service, IN OR NEAR NEWARK. Earl of Kingston * between Newark and Gainsborough ; also Colonels Beton and Heme. * The manner of this man's death was singularly re- markable, and although the description borders on the genteelly exploded doctrine of fatalism, is nevertheless avouched by several historians of reputed veracity ; one of whom writes thus " The Earle of Kingston a few months stood neuter, and would not declare himselfe of either party, and being a man of greate wealth and dependancies, many people hung in suspence, by his example ; whereupon the gentlemen of Nottingham often spoke to his sonne, to per* swade his father to declare himselfe ; but he told them, he knew his father's affections were firme to the parliament, that he had encouraged him to join them, and promised him monie to carry it on, and such like things, which he continually assured them, till the collonelTs cold behaviour, 120 NOBLEMEN & GENTLEMEN KILLED. Lieutenant Colonel Markham of Allerton, and at the same time Colonel Cavendish, near Gainsborough. and some other passages, made them at length, jealous both of the father and the Sonne. Hereupon when the danger grew more eminent, and my lord lay out a brave prey to the enemie, they sent Captain Lomax, one of the committee, to understand his affections, from himselfe, and to presse him to declare for the parliament, in that so needfull season. My lord professing himselfe to him rather desirous of peace, and fully resolved not to act on either side, made a serious imprecation on himselfe in these words ; " When," said he, " I take armes with the king against the parliament, or with the parliament against the king, let a cannon bullet devidemebetweene them, ,, which God was pleased to bring to passe a few months after; for he going into Gainsborough, and there taking up armes for the king, was surprised by my Lord Willoughby, and, after a handsome defence of himselfe, yielded, and was put prisoner into a pinnace, and sent downe the river to Hull, when my Lord Newcastle's armie marching allongthe shore, shot at the pinnace, and being in danger, the Earle of Kingston went up upon the decks to shew himselfe, and to prevaile with them to for- beare shooting ; but as soone as he appeared a cannon bullett flew from the king's armie and devided him in the middle, being then in the parliament's pinnace, who perished according to his owne unhappie imprecation." One account says, he was beneath the deck, when the •ection was made ! NOBLEMEN & GENTLEMAN KILLED. 121 Colonel Leake, son to Lord Deyncourt, who was afterwards created Lord Scarsdale. Lieutenant Colonel Pavier, between New- ark and Lincoln. Colonel Stanhope, son to the Earl of Ches- terfield, Governor of Shelford House, who with Major Clifton, Captain John Clifton, and 200 others, were put to the sword on the storm- ing of the place. Colonel Ferdinando Stanhope, slain at Bridgeford. Mr. Carey, Mr. Jennings and Mr. Latham, all persons of some note killed near Newark. Captains Anthony Ord, Thomas Cole, and -— Pelham, fell in the last siege. Baron Done, allied to the Prince of Orange, slain near Newark, and buried in the vault of the Church. Sir Thomas Turbtirville, Captain of the King's life guards ; Sir Ingram Hopton, Sir Charles Bowles, Major Thomas Whitmore, Sir John Ramsey, and Captain Smith, all be- longing to the garrison, were killed in differ- ent engagements in the neighbourhood. 122 DOCUMENTS, LETTERS, &c. A remarkable circumstance occurred in the person of Mr. Gawen Rutherford, who, having had 30 children by one wife, trooped under his 27th child, a commander in the King's forces at Newark. " Co fjy of a Letter from the Commissioner's Quarters at Newarke, relating the manner of the surrender thereof to the Parliament, on Friday, May VIII, 1646. Worthy Sir, You had in my last the copy of the articles of the surrender of Newarke, since which I give you this further accompte of the performing what was there agreed to, it being ours one day sooner than w 7 as expected from them. For whereas the agreement was by the Commissioners of both kingdoms for the Parliament of England, the governor hath bin so ready to hasten it, that yesterday (May ■8,) the Lord Bellasis went to Major General Poyntz to have it then surrendered, which by reason of the sicknesse being so hot in New- arke, he desired to hasten, as also the other DOCUMENTS, LETTERS, &c. 123 Lords and Gentlemen did much desire to be speeded as much as could be, longing for their enlargement, which occasioned the surrender a day sooner than by the articles was agreed. And truely it is become a miserable, stinking, infected towne. I pray God they doe not in- fect the counties and townes adjacent, which is the care of the Commissioners that way be taken to prevent. Yesterday the Commission- ers came up to see them march out of New- arke. They carryed not much out of the towne, for they had but very few carriages. We have gathered together four thousand arms already, and there are many more, which by reason of the sicknesse in divers places, the officers dare not yet venter to fetch out, nor make that diligent search which will afterward be made, so soon as with safetie we may." "We have taken Sweet-lips, the great gunne which they much esteemed of, and eleven more great pieces, two mortar pieces and divers drakes and other small pieces, and forty barrels of gun powder, with great store of match,* bullets, and all sorts of ammunition." i2 124 DOCUMENTS, LETTERS, &c. " Those of Newarke garrison, from the greatest to the least doe all of them generally seem to be much discontented at their hearing that the King had delivered himself up to the Scots, and are much troubled at the hearing of it thereof; which makes many of them to repent that ever they were engaged in the service, being like men in amaze at the hear- ing of it. And when 800 of them had march- ed out with the Lord Bellasis the Governor, and it was expected that they should name to what garrison, they would not nominate any garrison to march to for the further service of the King in the design against the Parliament." " But as all the rest that came out of New- arke, who were above one thousand more, so they went away every one to their own homes; so that I confess I know not where they could have easily found out any garrison not besieg- ed to march to, according to the articles ; so they did not care to put themselves into any other prison in that service in which they have received so little satisfaction. The go- vernour hath been very punctual and the DOCUMENTS, LETTERS, &c. 125 conditions very exactly observed. They labour much to compound with the Parliament/' "The countrie thereabouts are all summoned to come in with spades, pickaxes, and other necessaries on Monday next, to assist in demo- lishing of the workes of Newarke, which are very many, strong and formidable.* I believe * These consisted of bastions about twenty in num- ber, each connected by a curtain, they commenced at the River Devon three furlongs and one perch north and south from the Castle, and completely surrounded the town from those points. The whole line of defence was 17 fur- longs and a half, or nearly two miles and a quarter ; its distance from the Queen's Sconce, was 330 yards, from the centre of the Market-place to the extent towards Balderton 500 yards. A deep ditch ran parallel to those works, which the besieged had generally the opportunity of having filled with water. The bridge over the Devon was defended by what was called an iron turnpike, or kind of chevaux defrize, besides which there was a strong redoubt, at the distance of a fur- long, in front, on the road leading to Kelham. This, to- gether with the King's and Queen's Sconces, formed the whole of their out works. There had been a fort at the Crankleys ; but that was now within the enemy's line of circumvallation. Muskham bridge was broken down at Prince Rupert's relief ; and that at Kelham was in the same state, the passage being occupied by a bridge of boa^ s 126 DOCUMENTS, LETTERS, &c. they will come in very joyfully to that worke which tends to so much and great an ease to all those parts, as they have found by wofiill experience, since they felt the oppression of that garrison and others, of all which they are now cleare, and all will be buryed in the ruins of this, which they are forthwith to levell." " Doctor Deane, Doctor Hurst, Doctor March, and divers other malignant* Clergy- men were in Newarke, who with the gentrie, as Alderman Atkinson, and the rest of the malignant townsmen and others, are very sad in the towne, so they walk away in a mourn- full posture, the troublers of those parts being now most troubled in their own thoughts." "The Scots are marched northward with all their whole body of horse and foot, the horse march before with the King, and with them Lieutenant General David Lesley. They march along with great rejoycing that they * This word is not to be understood in its literal sense ; but merely as an opprobrious nickname of the time, much of the same genus as the bloodites of the present day. DOCUMENTS, LETTERS, &c. 12^ have the King with them. I believe that a party of horse will goe before with the King toward Newcastle. They say they have dealt plainly with the King since he came into their army/' " We have taken great care to prevent the souldiers from plundering, though some of them did very well remember how they were stripped at Spittle. The Governour hath had very great care of all things in Newarke, to see that nothing should be embezzled, and hath shewed himself very noble ; there is a great change by which God hath given us experience of his great power in bringing down the hearts of the proud and haughty. Our Commissioners have endeavoured to con- tinue all unity and loving accord with the Scots, who I believe will grant to have his Majesty disposed of as both Kingdoms shall agree, and in the mean time to remain with General Leven's army, where he shall dispose of him, and General Leven hath carried on all things since he came to the army with great wisdom and moderation, and it is said that 128 DOCUMENTS, LETTERS, &c. he is much troubled what to do to please both kingdoms in the matter of giving account about the King/' " Newarke is now open and free againe, and the tradesmen are preparing to furnish their shops, our souldiers have already bought divers things of them, and the country have a free market, but it cannot be expected to be much whilst the sicknesse is in the towne, but to God be the praise, who hath done this greate work for us, to deliver this strong hold of the enemies into our hands. I pray God that others (so oppressed) may have the like mer- cey, and peace and truth be settled among us, which is the prayer of your humble servant!" Previously to the final closing of the nar- ration of those intestine commotions which were extended, in a great measure, through- out the Kingdom, and particularly in this oounty, and also to demonstrate that the numerous charges of duplicity urged against the King, were not, in some instances, destitute of foundation, it may not be improper to pre- DOCUMENTS, LETTERS, &c. 129 sent to the view of the reader a state docu- ment, which bears on its front convincing proof, that power illegally exerted, will stoop to any meanness whatsoever to perpetuate its sway. Upon the dissolution of Charles' second Parliament in the year 1626, supplies being withheld, a royal proclamation was had re- course to, whereby all his subjects were requi- red to contribute towards the exigencies of the state, as they were called, according to the same proportion, in which the former Parlia- ment had granted subsidies. In order to raise these contributions, commisssoners were ap- pointed under the privy seal for every county, to whom public instructions were dispatched for the levying the different quotas, which levies were declared to be " not the subsidies intended to be given by parliament ; but a free gift from the subject to the sovereign, upon weighty and pressing occasions of the state." Coupled with these public instructions, which were very generally distributed, there were as many private ones issued, as there were com- 130 DOCUMENTS, LETTERS, &c. missioners in England ; every commissioner of a county receiving a copy of each. The following is a transcript of the Private Instructions, addressed to the commissioners for the County of Nottingham, entituled " Instructions which his Majestie's commis- sioners for the loan of money to his Majestie throughout the kingdom are exactly and effectually to observe and follow. LONDON . Printed by Bouham Norton and John Bill, Printers to the King's most excellent Majestie, 1626. Instructions which our commissioners for the loan of money unto us, in our town of Not- tingham, are exactly and effectually to observe and follow. CHARLES R. First. With all speed, after the receit of this our commission, yee shall assemble your- selves together, and upon conference and advice between yourselves, yee shall determine in what manner yee will proceed to the ex- DOCUMENTS, LETTERS, &c. 131 ecution of this our commission in the several parts and divisions of this our towne. And before your parting from this first place and time of your meeting, yee shall yourselves, for a good example to others, lend unto us these several summes of money which are hereby required of you to be lent, testified by the writing of your names with oure hands, that when yee shall in oure name require others to lend, they shall discern your own forwardnes, and that yee doe not moove others to that which yee forbeare to doe yourselves ; the Lords and others of our privie councell attending our person having already done the same, by the subscription of every of their names. And, before your parting, yee shall cause so many of those of that town to appear before yee, and proceed with them according to these our commissions and instructions. Secondly. And because we would ex- pedite this service, and ease yee of importu- nitie, and leave no way to the partiall informa- tion of others, in the under or over valuation of men's estates (which is often subject to 132 DOCUMENTS, LETTERS, &c much errour) we have thought this to be the most indifferent and equall way of conjectu- ring at every man's ability to lend, by taking those rates for our guide, at which they were assessed in the books of the last subsidie, and to require the loane of so much money only, as the entire rate and value comes unto, at which they are there rated and set; as namely, hee that is set at one hundred pounds in lands, to lend us one hundred pounds in money ; and so after that rate for a more or lesse sum me ; and hee that is set at one hundred pounds in goods to lend us one hundred markes; * and he that is set at ten pounds in goods to lend us twenty nobles ; f and so pro rata for a greater or lesser summe. And where there are two bearers or contributors, they shall assist the subsidie man. Thirdly. When yee shall have agreed betweene yourselves of the several daies and places of your sittings, and which of yee shall attend it at every place of your meetings in * £ 66. 13s, 4d. f £ 6. 13*. 4d. DOCUMENTS, LETTERS, &c. 133 the several parts of the towne (which wee would have you to appoint as speedily as may be, and to attend without intermission) yee shall send your warrants under your hands, or under the hands of two of yee at the least, to the high constables, petty constables, and other officers, of and in those several divisions, personally to warne all such persons who were assessed for the last subsidie, or to leave each warning in writing at their dwelling houses, that they fail not to give yee the meeting at the times and places appointed by yee, and that those officers to whom your warrants are directed, fail not to give an account to yee of their service therein. And such as have been warned, and do not appear before yee at the time and place appointed, yee shall send for by warrant, and bind them over to appear before the Lords and others of our privie councell. Fourthly. That at every of those meet- ings, when there is a convenient number as- sembled, yee shall use all possible endeavours to cause every of them willingly and cheerfully to lend these summesunto us, opening to them 134 DOCUMENTS, LETTERS, &c. the necessitie and unavoidablenesse of this course, and setting before them, that our honour, the reputation of the nation, the true religion, and common safety of us and oure people, and oure friends and allies, are all en- gaged in the common cause; that there is now no time for disputing but of acting that which concerns oure common defence, and assuring them, that this course which is at this time enforced by necessitie, and to which no ordi- narie rules of law can be prescribed, shall not be drawn into example or precedent. Fifthly. That if yee shall meete with any objections or scruples raised, which may be impediments to this our service, that yee use all diligence to remove them, and satisfie them ; and if any shall object or whisper, that if this way of raysing money take place, then no Par- liament shall hereafter be called; then ye satis- fie such, that the suddeness and importance of the occasions are such, as cannot possibly admit of that delay, which the summoning, assem- bling, and resolutions of a parliament do neces- sarily draw with it; and that it is farre from DOCUMENTS, LETTERS, &c. 135 tat££)afe sold it lately to Sir Matthew Jenison the present owner." Thoroton's History was published in 1677- From Mr. Jenison it passed to Sir Thomas Willoughby, the first Baron Middleton, in whose family it still continues. The premises are extensive and encompassed by a wall. The house, now in good repair, is situated at the north west extremity of Appleton-gate. The Reverend William Rastall, being the present occupier. 251 OBSERVANT FRIARS, OR THE GHAUNTRY. Resuming Thoroton, " Next it, southward, stands another great House called the Chauntry in which dwelt William Leek, half brother to the said Lord Deyncourt, and Father of Sir Frances Leek, who made it also his principal residence/' From the Leek's it passed, by the marriage of the heiress of this branch, with William Snell, Mayor of Newark, in 1701, into his family. On the death of Mrs. Snell, this old religious house was purchased by Samuel Forster, of Woodbough, Esq. some- what related to the last proprietor and through him, descended to his son Robert Forster. This gentleman very greatly improved and embel- lished the house, in fact the two generations 11 2 252 CHAUNTRY. of this name had bestowed a completely new aspect on the venerable edifice, very few, if any of the ancient buildings now remain, excepting, perhaps, some foundations. In the year 1783, Robert Forster conveyed the premises to Joseph Sikes, Esq. an Alder- man of the Corporation, whose son the Rev. Joseph Sikes, the present possessor, has, by ruralizing them to the north, stocking the spacious paddock with deer, and introducing numerous elegant picturesque devices, render- ed it a most enviable and delightful habitation. 253 INTENDED CONVENT. Within memory, a long stone building in the Chapel style, was standing near the road connecting Northgate and Appletongate, and about mid-way between the two streets. In the west end was a large Gothic window 5 not any record is extant, as to its having been used as a place of public worship ; though its contiguity to the before mentioned religious houses, seems to indicate affinity to them. In a codicil to the Will of Henry VII. appears the following Item. " To the convent that by his socour and ayde teas newly begon in the towne of Netvark* com. Notthigh. 2$c. As all the foundations of this description were dissolved in the succeeding reign, and this edifice having been only " newly begun" it was, probably, never finished; and the conjecture is not unreason- able in fixing upon this place as its site. * The term Newark upon Trent, was not in use at this era. 254 BEAUMOND CROSS. At the intersection of Cartergate by the street formerly called Potterdike, stands, on an ascent of ill proportioned, heavy steps, a remarkably light shaft, of the latest species of Gothic Architecture. This erection has been erroneously classed with the Crosses, built in commemoration of Queen Eleanor the beloved consort of Edward L* who died on the 2Sth * A reciprocal affection appears to have existed between this royal pair during the whole course of their union, which continued thirty- six years. Whilst Edward was Prince of Wales, Eleanor, in the prime of youth, forsook the alluring gaieties of a court, to accompany her husband in his expe- dition to Palestine, where, on his being dangerously wound- ed in the arm, by one Amzazem, a desperate Saracen, with a poisoned dagger, she is said to have preserved his life by sucking out the venom from the wound. Some modern au- thors have squeamishly rejected this account, yet, as Sir Richard Baker emphatically exclaims on the occasion, " It is no wonder that love should do wonders, which is in itself BEAUMOND CROSS. 255 of November, 1291, at the house of Richard de Weston, Hardeby, 6 miles from Lincoln, being then on a journey into Scotland with the King. On each place where the carriage which conveyed the body rested, in the way to London, was erected a stone Cross of the most exquisite workmanship of the time, namely at Lincoln, Grantham, Stamford, Ged- dington, Northampton, Stony Stratford, Dun- stable, St. Albans, Waltham, and Charing. If the circumstance of Newark not being mentioned in the above stations, were out of the question, the mode of execution stamps a decisive negative on the assertion. The author of the Modern History of Newark, very properly rejecting this hypo- thesis, has endeavoured to establish one, perhaps, even less tenable, he proceeds — a wonder." Be it, however, as it may, these last tokens of Edward's esteem, do him infinitely more honour as a Man than all his blood-stained laurels, as a King. The Cros? at Northampton still remains, and considering its exposed situation, is in an excellent state. 256 BEAUMOND CROSS. " A more probable conjecture concerning the origin, arises out of events in a subsequent reign, to which the size, situation and style of this cross are much more appropriate, than to the commemoration of our first Edward's Queen. The battle of Towton, the last between the houses of York and Lancaster, the issue of which placed King Edward IV. on the throne of England, has been too often celebrated to require a repetition here. It is enough to say that more than one hundred thousand men were engaged in it, and that thirty-six thousand were slain, among whom were many of the first nobility. Of this rank we may reckon the Earls of Northumberland and Westmore- land, and the Lords Gray, Scales, D'acres, Wells and Beaumont. For this last mentioned nobleman I conjecture this Cross to have been erected : and the opinion seems to be support- ed, not less by the natural probability of the thing, than by particular facts, and local tradi- tion. Doctor Stukely says, " the tradition of the place is, that this Cross was built by the Puchess of Norfolk," but without any mention BEAUMOND CROSS. 257 of the person for whom it was intended, or any other reason for its being* erected." " Now it appears that this very John Lord Beaumont did marry to his second wife a Duchess of Norfolk, his first being Elizabeth the daughter and sole heiress of the Lord Bardolph, by whom his issue was William Lord Beaumont. The burying place of this family was Dunnington, in the County of Suffolk, the road, to which from Towton, in the west riding of Yorkshire, must necessarily be through Newark." It is certain that Thoroton, in his genealo- gical table, under the article Stoke Bardolph, states that John Viscount Beaumont had to his second wife Katharine Duchess of Norfolk, and that his son William Beaumont was attainted by Parliament the 4th of November, 1461, (1 Ed. IV.) the consequent effect of the battle of Towton which was fought on the preceding Palm Sunday.* * This action took place in an open field between Towton and Saxton, about two miles from Tadcaster. Before its 258 BEAUMOND CROSS. There seems to be some error attached to this insertion of the Duchess of Norfolk, in the pedigree; the title, at the time of Towton fight was enjoyed by the family of Mowbray, and there does not appear, according to Collins, and others, to have been any Duchess of that name near to the period assigned.* It is highly commencement, Edward made proclamation that all who were afraid to fight, should at their pleasure depart ; but to those that would stay he promised good reward : adding, that if any who remained should attempt to flee, whosoever killed him should have double pay. And, by a second proclamation, no quarter was to be given or received. Not any prisoner was taken but the Earl of Devonshire, and he was almost instantly beheaded. * In order to clear up this point, it is necessary to refer to the ancient title of Norfolk. Edward the third, eight years after the death of his consort Eleanor, married Margaret the daughter of Philip the Hardy, King of France. By her he had issue two sons and daughter, the eldest of whom, Thomas de Brotherton, from the place of his birth, a small village 3 miles from Pontefract, in Yorkshire. The young Queen, then only 19, being on a hunting party, June 1st, 1300, was seized with travail and immediately conveyed to the nearest dwelling, it was situated near the church, and the place is now surrounded by a wall and trench. This Thomas, on the extinction of the Bigod BEAUMOND CROSS. 259 probable, from the termination of this most sanguinary conflict, that the body of Lord Beaumont was buried in the field of battle, for as he was of the defeated party, it would have been highly dangerous to have attempted crossing the kingdom with his remains, con- sidering the infuriated and ferocious state of mind the triumphant party then displayed. family, was created Earl of Norfolk ; his issue being two daughters the title again became dormant. Margaret, the eldest married John, Lord Segrave, whose daughter Eliza- beth became the wife of John, Lord Mowbray : his son Thomas was created Duke of Norfolk by Richard II. ; he had a daughter named Margaret, married to Sir Robert Howard, who dying before his father Sir John, left issue a son John, who at the battle of Towton, where Lord Beaumont lost his life, was titular Duke of Norfolk, and appointed to lead the van of Edward's army, but prevented by sickness. On the 28th of June 1483, he was created Duke of Norfolk by Richard III. and lost his life at Bos- worth field, August 22nd, 1465. His first wife was Catharine, daughter to Lord Molins, by whom he had Thomas his successor, after her death he married Margaret, daughter of Sir John Chetworth, by whom he had issue a daughter Catharine married to John Bourchier, Lord Berners. It is obvious, from this statement, that John, Lord Beaumont, slain at Towton, could not have had to wife Catharine, Duchess of Norfolk. 260 BEAUMOND CROSS. Had the Cross possessed any thing symbolic of so tragical an event, any funereal token whatsoever, or could it easily be conceived, admitting the fact, why such a memento should be raised at Newark only — at a place where neither the Mowbrays nor the Beaumonts had any interest, somewhat might be conceded to tradition; but this pillar, by its extreme light- ness and the delicacy of its Architecture, seems rather adapted to a festive than a serious occasion. It is not hazarding much to assert, that this column was not standing in Newark at the time Henry VII. passed through that place with his victorious army after the battle of Stoke ; for, although Lord Beaumont lost his life in the cause of Lancaster, yet, his daughter Jane married John, Lord Lovell, the father of that Lovell who appeared there in arms against him, and who was supposed to have perished in crossing the Trent after the defeat. This object, the first, in any- wise striking, on entering the town, must have been peculiarly grating to his jealous disposition ; the loyalty of the grandfather would instantly have vanished at the treason of his descendant^ BEAUMOND CROSS. 261 avarice and liberality of sentiment must for ever be at variance : Henry never remembered the past — but to rob or revenge, and in that ferment of blood, heated by the flush of con- quest, demolition would have been its unavoid- able portion. As to the natural probability of the thing, one conjecture, in the absence of demonstra- tion, is nearly equal in authority to another ; and, as the trifling incident of opening a Banking-house in Potterdike was the cause of its being metamorphosed into Lombard-street 3 so might a few flashy inhabitants of this part, stiling themselves the Beau 3£onde, in a fit of puerile ostentation, and at little expense, erect this elegant morceau in commemoration of their taste. It appears in a Schedule of Brown's pro- perty, who died in the year 1532, (24 H. that VIII.) this quarter of the town was called Beamond. 262 BEAUMOND CROSS. On two sides of the die of the pedestal are borne, engraven on brass plates, the following inscriptions ; — Repaired and ornamented 1778, at the expense of Charles Mellish, esquire, Recorder. This Cross erected in the reign of Edward the IV., Was repaired and beautified from the Town Estates, A. D. MDCCCI. The beautifying, above mentioned, was effected by loading its elegant termination with a ponderous stone for the purpose of erecting a Vane : but a real improvement was achieved through inclosing the whole with iron palisades. 263 ST. LEONARD'S HOSPITAL, Between the years 1123 and 1147, Alex- ander bishop of Lincoln is said to have founded the Hospital dedicated to St. Leonard,* what were its original endowments, or where the exact place of situation cannot, at this period, be ascertained. On the 14th of June 1350, (23 Ed. III.) a licence was dated at Nettleham, from John * Leo?iard\\as born in France, and instructed in divinity under Remigius, Bishop of Rheims. He obtained of King Chodoveus a favor, that all prisoners whom he went to see, should be set at liberty. And therefore, whenever he heard of any persons, being prisoners for the sake of religion, or other good cause, he procured their freedom. He died in the year 500, and has always been implored by prisoners as their Saint. Vid. Audley. Query. Was it after Alexander had, himself, tasted the bitter fruit of incarceration, that he erected this foundation ? 264 ST. LEONARD'S HOSPITAL. Synwell, bishop of Lincoln, to Thomas de Sibthorpe, parson of Beckingham, of one mes- suage in Middlegate, Nkwark, held of the said bishop, as of the Hospital of St. Leonard extra Northgate, unto Robert de Aryngton, Robert Leef, and Robert de Stokum, per- petual chauntry priests, in the Church of Newarke, to pray for the souls of William Sancimer, and Matilda his wife," and Master William de Glenham, and also for the souls of the said Thomas de Sibthorpe, and Isabella Durant. This was to be for the habitation of the said priests, non obstante Mortmain Act, saving to the Hospital ot St. Leonard, the ac- customed rent and services. This grant of the before mentioned premi- ses, for the purposes specified, was confirmed on the feast of St. Bartholomew following, in the presence of Thomas Adam, Constable of the Castle of Newark, Alan Fleming,* Robert de Caldwell, Johan de Staunton, Johan Grym. * This Alan Fleming lies buried in the cross aisle, under a date of 1373, which was 70 years after the consecration of the old Church; if not any removal had taken place, this part also must have been a portion of it. i ST. LEONARD'S HOSPITAL. 265 This foundation was further confirmed by Philip de Repingdon, Bishop of Lincoln, from 1405 (6 Hen, IV.) to 1420 (7 Hen. V.) In the 6th of Henry VIII. (1515) it consisted of a Master^ one Chaplain, and three poor persons. The valuation then stood at ^27. 13s. A\d. per annum. Thoroton, treating of Newark, says "This place was usually divided into the Borough of Neivark, and Northgate, at the further end whereof, from the town, stood a fair house belonging to the Hospital of St. Leonard of Stoke * commonly called the Spittle, which Sir Robert Constable had, by lease ; the in- terest whereof his son Henry Constable had, and from him it came to William Cecil, Esq, late Earl of Exeter, who built a goodly house there, which, after his decease, was, by Act * It is remarkable that Thoroton, who lived at so short a distance from Newark as Car Colston should commit such an error. There was an Hospital at Stoke dedicated to the same Saint ; but not, in the least connected with that now treated upon. 8 266 ST. LEONARD'S HOSPITAL. of Parliament, (17 Ch. I.) 1642* exchanged from the Hospital for lands of better value, and estated upon his widow Elizabeth, Countess Dowager of Exeter and her heirs." The lands which were taken in exchange for the site of the hospital, are enumerated in the statute it- self, the preamble to which runs thus : — ** An Act for settling and estating upon the Right Honorable the Lady Elizabeth, Countess Dowager of Exeter, her heirs and assigns for ever, the scite of the Hospital of St. Leonard, without the Town of Newark upon Trent, in the county of Nottingham, with the dwelling-house and other buildings thereupon built, and of certain closes and grounds, parcel of the possessions of the said Hospital, and for the annexing of divers lands and tenements of better value, being the in* heritance of the said Countess, unto the pos- * The principal batteries of the republicans were form- ed here at the battle of the Spittle, fought March 21, 1643, at which time it was totally demolished, not a vestige now remains, *tnd even its site is unknown. ST. LEONARD'S HOSPITAL. 267 sessions of the said Hospital for ever, in lieu of the same/' RECITATION OF THE FOUNDATION. " And whereas, Philip, Lord Bishop of Lincoln, in the year of our Lord, 1417, by an instrument under his episcopal seal, confirmed by the then Dean and Chapter of Lincoln, un- der the Chapter Seal, desiring to provide for future times, and to remove all doubt which in following ages might arise concerning the said Hospital, first calling before him all par- ties whom it did concern, and by and with their assents and consents, did for him and his Successors ordain and decree that there was and should be one Master of the said Hospital, who should have the government, rule and custody of the same ; and should order and dispose of the fruits, rents and profits thereof, to the use of the^oor, and about the affairs of t\e said Hospital ; and that there should be two pojr Men in the said Hospital, and one Chaplain, to perform divine service to them, which Chaplain and poor Men should be n> s2 268 ST. LEONARD'S HOSPITAL. ceived into the said Hospital by the Master thereof, for the time being, and be maintained with the fruits, rents and profits of the same, and the residue to be converted and disposed towards the sustentation and use of the Master to the supporting of other charges to the said Hospital, the defending of the rights and pri- vileges of the same, and towards the repairing and building of the said Hospital and other places to the same belonging, with a provision in the same instrument contained, that what- soever should at any time be given to the said Hospital, should be employed by the Master thereof for the time being to the uses afore- said, all which should be observed by the Master then being, and his successors for ever." Premises belonging to the Hospital ex- changed with the Countess of Exeter. A. R. P. The Hospital of St. Leonard's and its site. One Close of Pasture adjoining to the said site"} lying at the back of the new Stables, called > 8 High Close y containing by estimation, J One other Close on the North of High Close, called Coney Grey Close, - - - - -300 ST. LEONARD'S HOSPITAL. 269 A. R. P. One other Close of Pasture, on the south oA High Close, called Smith's Forge Close alias \ 2 Fleer Close, containing J The above lands, with the new erections, were demised to the Earl of Exeter during the lives of his three daughters Elizabeth, Diana and Anne, at the yearly rent of ^13. 6s. 8 in this County,* which after the dissolution he had for life, it being granted to him and Richard Walley, Esquire, and the heirs of Richard. (37 H. VIII. 1546.)" This building is situated immediately south of the Chauntry, before described. Its whole length is about 80 feet, 42 of which were al- lotted to the original School; the breadth 30 * Of which he was the founder. THE FREE SCHOOL. 275 feet. The apartments are spacious and adapted with propriety to the purposes for which they were intended. The door and window frames are stone, and the windows mullioned accord- ing to the taste of the age. Over the entrance is the following inscription. THIS GRAMMAR SCHOOL, WAS FOUNDED BY THE REV. THOMAS MAGNUS, 1529. The tradition which states this munificent donor, to have been an exposure, found in the Church porch, should be received with much caution, as appears by his deed of settlement, wherein mention is made of his father, mother, and sisters. Such benevolent characters as the worthy Archdeacon not being over fre- quent, it would be an unpardonable omission, in a History of Newark, not to lay before its inhabitants, any information, tending to throw light on the actions of their amiable, and with- out doubt revered benenefactor. 276 THE FREE SCHOOL. THOMAS MAGNUS. Dr. Fuller author of the History oi Worthies who died in the year 1622, was the first who attempted a detail of the remarkable events in the life of this good man. From what sources the Doctor derived his information is not known, but he states " Thomas Magnus was an exposed child, left by his mother in the parish Church of Newark, and being found, in the way, by some Yorkshire clothiers in the dark of the morning, they had compassion upon the babe, and being unwilling to leave it yet exposed, agreed among themselves to pay for its nursing and education (which would come to little among many of them) and first of all had him baptized at Newark by the name of Thomas, giving his surname Amang- us* i. e. to be maintained among us." Were it not for the deed of settlement, there is not any thing in this statement which militates against credibility, as too many in* * This, certainly, is a Yorkshire term even now. THE FREE SCHOOL. 277 fants from poverty or a worse motive in their parents, have been subjected to a like fate, and experienced similar benevolent deliverances. The author of the Modern History of Newark, descanting upon this subject, re- marks, " Next in chronological order, after Fuller, who takes notice of our divine, is the Nottinghamshire historian, Thoroton ; who implicitly credits, and ig?iora?itly adopts, with- out examination, the quaint conceit of his biographical predecessor. Half the truth, is often as arrant a lie as can possibly be spoken. What could be the motive, for taxing Thoroton with implicitly crediting and ignorantly adopting Fuller's re- lation, it is difficult to determine, but that the Nottinghamshire historian did not either, is evident, had the quotation been candidly ta- ken. Thoroton's account is as follows, — " By an old tradition in the town, printed by Dr. Thomas Fuller, in his English Wor- thies, he (Magnus) is said to have been found 278 THE FREE SCHOOL. in the church porch of IJ^Ciltotftc, and having neither father nor mother, was by the people called Thomas Amatig-us ; but it appears to be otherwise in his Deed of Settlement, wherein he mentions John Magnus his father, and Alice his wife, his mother, and Joane, Eliza- beth and Katharine, his sisters." Comment, here, is unnecessary. An anonymous author who wrote in the year 1724, proceeds " The clothiers who dis- covered the child, being very careful in breed- ing him, and giving him school education, he became an excellent scholar and statesman, being sent on embassies. On this account he took on him the title of Doctor Magnus, and became famous both at home and abroad ; and not forgetting this town, where he was born to his foster fathers, he erected and endowed the aforesaid Free School here, and was, other- wise, a considerable benefactor to it. Dr. Thoroton, indeed, says that in his deed of settlement of a revenue on the School, he mentions John Magnus his father, and Joan, Elizabeth and Catharine his sisters j but this THE FREE SCHOOL. 2/9 account need be no prejudice against Dr. Fuller's relation, since 'tis probable though his relations were poor, and unable to maintain him in his childhood, which was the only rea- son why they exposed him, yet they doubtless, had an eye to his education, and when they saw him to prosper so much in the world, did discover themselves to him, which made them take his name, and 'tis likely he was a bene- factor to them. But that which may render Dr. Fuller's account the more credible is, that Mr. H. Wood saw the Doctor's Will, and gives us no particulars of any legacies left to either his parents, or his sisters, or their children, which it is probable he would have devised, had he known of any near kindred. In this Will he ordered his burial to be at Newark, if he died in these parts." It is much to be regretted, that this author omitted the giving of some local reference to the situation of Mr. Wood ; but his so doing may reasonably be taken as an inference of his being a man of notoriety at that time. There iot any necessity for bolstering up the sup- 280 THE FREE SCHOOL. position that Magnus was without relations by the non-appearance of legacies bequeathed to them by his Will, for in fact, they were all dead, and, without doubt, issueless, long before that instrument was drawn. A little more attention to the ordinances of the foundation of the Grammar School would have discovered an injunction for daily prayers to be offered for their souls. The most probable account of this munifi- cent donor, is given by Dr. Stukely, in his Miscellaneous Observations. " What Fuller, and after him Thoroton and some others, tell us about the origin and name of Dr. Magnus, seems a badly invented fable. It does not agree with the account of his family which he himself gives, nor is it easy to imagine how Dr. Fuller came by it, for it is not according to the tradition of the place, as he vouches it to be. I have seen a very different account of the matter, reduced into writing by an ancestor of my friend, Mr. Milnes, and lately in the possession of my THE FREE SCHOOL. 281 cousin Herring, which was to this effect, wherewith agreeth all the tradition I have ever heard. " Some Yorkshire clothiers returning into the north from Boston in Lincolnshire, which was then the chief mart for wool, and where resided many chief merchants of th£ staple, were stayed at Newark, by reason of the waters with which that place aboundeth. They lodged at a publican's of the name of Magnus, where the sense and sprightliness of his son, then a child, so won upon them, that they agreed to carry him home with them, and give him a good education; to which his parents consenting, they faithfully performed their engagement; and being somewhat like in sound, instead of Magnus, used, in a jocular way, to call him Amang us, signifying that he was maintained among them. When he had sufficiently advanced in stature and learning, he returned to his native place, and there being thought a youth of for- ward parts, he was much caressed by Alder- man Robert Brown,* who being Receiver to * This was the same person who afterward became so eminent a benefactor to the town of Newark. It is plcaMii;; T 282 THE FREE SCHOOL. Cardinal Wolsey, and to Longland, Bishop of Lincoln, Sheriff of Nottinghamshire and Der- byshire, and Gustos Rotulorum of the County of Nottingham, and parts of Kesteven, in the county of Lincoln, was a person of great inter- est and authority; and being much taken with young Magnus, recommended him to the Cardinal, in whose confidence he ever after remained, being sent by hijn on divers em- bassies, especially to the Emperor, when to observe the congeniality of sentiment, that excited those three worthy men, Magnus, Brown, and Phillipott, the two latter of whom seem to have been neighbours in Castlegate. It was the original intention of Magnus to give his charities by his will, and consequently not to take effect till after his decease ; yet by his last deed, February 21st, 1531, which was a year after the date of his last feoffment, he declares the uses of his feoffments, gives away the estates from him- self, and settles them in immediate possession for the benefit of his charities. In the next year, his former patron Brown, executed his Will, and died about two months after. In the year 1556, Phillipott's Testament is dated, he dying in May, 1557. William Phillipott was a feoffee under both the trusts of Magnus and Brown. Hence it may reason- ably be inferred, that the inhabitants of Newark are not only indebted to Magnus for his own particular benevolence, but also to his example and influence over his two friends for tiie addition of theirs. THE FREE SCHOOL. 283 Wolsey was soliciting his interest to obtain the papacy. In this service Magnus got great preferment and was high in esteem at court, but either being deprived of his influence by the fall of his patron, or wishing to retire to a private life in his old age, he quitted the court and came to live in his college at Sibthorpe, where he died well stricken in years, and rich in good works/' This relation is well worthy of credence and upon the whole, tradition has frequently made more absurd aberrations, than in the instance before us; though the concluding sentence is not strictly correct, as Mr. Magnus died at Seassy, near Thirsk, in the North Ri- ding of the County of York. In the middle of the chancel of that parish Church, upon a gravestone, is inscribed in brass the following EPITAPH. Here lyttfi Mr. Thomas Magnus, Archdea- con of the East rydeing in the Metropolitan 1 Jml 284 THE FREB SCHOOL. Church of York, and Parson of this Churchy which died the \Sth Day of August, Anno Domini 1550, whose soule God pardon. As a perfect copy of the Deeds, relating to this noble charity, would be somewhat too redundant to transcribe into a work of this kind, an abridgement only is given, not merely as matter of information, but also, from the orthography and nice distinctions on some points, as a curiosity. But, firstly, it may not be improper to recite, in plain English, the quantity, nature, and situation of the several premises demised. June 20th, 1530, (22 Hen. VIII.) THOMAS MAGNUS, Archdeacon of the East Riding in the Metropolitan Church of ff 0tft> by Deed-Poll, gives, &c. to William Hoolgyll, Clerk, Robert Chaloner, Edmund Molyneux, William Burdon, Clerk, Peter Langefelowe, Clerk, Adam Langley, Richard Bevercotes, Richard Lucas, Thomas Clerke, Lambert Watson, Nicholas Thompson, Thomas Adwyn, otherwise called Thomas Lancastre, THE FREE SCHOOL. 285 Bartholomew JEykington, Robert Curson, Hugh Gelston, Andrew Jackson, John Thak- kei % , John Fulwood, William Hochekynson, Robert Howes, William Phyllipot, William Brynkley, and William Shawe. 148 Acres Pasture, ( in Sandwath near Bilbrught, in the 12 Ditto Wood, J County of the City of York, 21 Messuages, 3 Cottages, 200 Acres Land, 160 Ditto Meadow, 100 Ditto Pasture, 100 Ditto Heath, 240 Ditto Moor, 250 Ditto Marsh, A Rent of 15d. A Fishery. A Moiety of the Manor of Harwell. In Harwell and Everton, in the County of Nottingham, 2 Messuages, 6 Cottages, 200 Acres Land, 40 Ditto Meadow, 100 Ditto Wood. In Folkyngham, IValcottys, Boylby and Aslowby, in the County of Lincoln, To have and to hold to them and their heirs to the use of the said Thomas Magnus and his heirs, and to perform his last Will thereof declared. Also a letter of Attorney in the Deed to deliver possession and seisin, which it appears 286 THE FREE SCHOOL. by the Indorsements was done at Sandwath the same day viz. June 20th, 1530, at Everton the 21st, and at Folkyngham the 27th, of the same month. December 5th, 1530. THOMA£ MAGNUS, Clerk, Archdeacon of the East Riding in the Metropolitan Church of York, by Deed-Poll, gives, &c. to the said William Hoolgyll, &c. {Lambert Watson excepted). 3 Messuages, 2 Cottages, 60 Acres Land, 40 Ditto Pasture, 200 Ditto Moor, A Rent of Id, In Mattersay, Mattersay Thorp, Barriby and Ranby, in the County of Nottingham. To have and to hold to them and their heirs to the use of the said Thomas Magnus, and his heirs, and to perform his last Will thereof made. Also a letter of Attorney in the Deed to deliver possession, which it appears by the Indorsement was done at Barnby upon the same day. THE FREE SCHOOL. 287 February 24th, 1531. THOMAS MAGNUS, Clerk, Archdeacon of the East Riding, &c. by Deed-Poll, &c. &c. 2 Messuages, "^ In Newark upon Trent, in the 2 Gardens, > County of Nottingham. One Acre of Pasture, J Possession given the same day. Total 1851 Acres, 28 Messuages, 11 Cottages, 2 Gardens, 1 Fishery, 2 Rent Charges, 1 Moeity of a Manor, ABSTRACT Of the Ordinances and Foundation OF THE SCHOOLS OF Grammar & Song, at Newark upon Trent, AJfD OTHER CHARITABLE ACTS, BY MR. THOMAS MAGNUS. Recital of jf COfflllCllt to the use of his Will. 11 €t)i£ ^NttntUte made the xxj day of February, in the xxiij yere of the Reigne of our Soverayne Lord King Henry the VHIth, betweene Thomas Magnus, Archdeacon of Estridyng in the Cathedrall Churche of Yorke, 288 THE FREE SCHOOL. on that one partie, and William Hoolgyll, Clerk, and Edmonde Molyneux, Gentylman on the other partye, !©ittene££ttfj that whereas the saide Thomas Magnus hath infeoffed the said William Hoolgyll and Edmonde Molyneux, and also Robert Chaloner, &c. &c. (as before recited) of and in all the Landys, Tenements, and Heredytaments of the sayde Thomas Magnus, in Sandwathe, nere unto Bilburgh, with the appurtenances in the Countie of the Citie of Yorke, Folkyngham, Walcotys, Boulby, and Aslahie, in the Countie of Lincoln ; Harwell, Everton, Matersay, Matersay Thorp, Barnby, Ranby, and New- ark xvpon Trent, in the Countie of Nottingham, and elsewhere in the saide Counties of the saide Citie of York, Lincoln, and Nottingham. And the saide whiche Landys and Tenements with the Appurtenances be of the clere yerely value of xlii/. viiis, ivrf. or thereupon. The same Landys and Tenements with the Appur- tenances to be had unto the said William Hoolgyll, &e*&c. &c. and to their Heyers and Assignes to the use of the said Thomas Magnus and of his Heyers for ever. And to thentent THE FREE SCHOOL. 289 thereof to accomplyshe and fulfyll the last Will by the same Thomas Magnus declared, or to be declared as by theyre several Dedys thereof by the said Thomas Magnus to the said Willm Hoolgyll, &c. (Then follows a power to receive the rents and profits and the applica- tion thereof appointed) 'Cfjat ys to saye xviiiZ. Parcell of the Yssues, Revenues and Profitts of the sayde Landys, Tenements and Heredyta- ments shall yerely be payde and ymployde to and for the Esetubition and fyndying of two seculer honest Prests, whereof one Prest shall have sufficient Connyng and Lernyng to teche the Gramer, and the other Prest Connyng and Lernyng to teche playne Song,* pryk Song,f descant J: and to play at the Organs, and the sayde two Prests frely shall teche and instruct all Persons and Chyldren that will at Newarke aforesaide come to Schole with them, and shall be desposed to lerne."§ Thus far in the original style. * Song without notes. + Song by notes. X Musical composition. § The first song-schoolmaster, was Robert Kirkehye. Vid. Choir. 290 THE FREE SCHOOL. The masters were prohibited from making* any charge ; but might receive presents for teaching to play on the organ. The salary of the Grammar-master, ^10. that of the Mu- sician, ^8. Not to be absent without lawful cause. To pray daily for the souls of King Henry VII. and his Queen Elizabeth, the said Thomas Magnus, John his father, Alice, his mother, Johanne, Elizabeth and Katerina, his sisters; and for all his other benefactors, fami- liars, and for the estate of the inhabitants of the town and parish of Newark. To be allow- ed 30 days yearly for recreation and business, the time or times optional. Two laymen may, in a scarcity of honest Priests, be appointed. Six children to be taught the organ, gratui- tously, to sing at the celebration of mass at the altar of the Virgin, six days in every week, and on Friday at the mass of Jesus. Their salaries, 26s. 8c?. yearly, by quarterly payments. To be chosen by the Song- schoolmaster. 40s. to be paid yearly for the performance of an obit in the church, at the altar of the Holy Trinity y for the souls of Thomas Magnus, on the anniversary of his. THE FREE SCHOOL. 291 death, his father, mother, and benefactors. The 40s. to be distributed in the following manner : — s. d. To the Vicar, if he execute the dirge, and sing the requiem, 2 4 If not, 1 Offering, 2 To each of the Parish Priests and Chauntry Priests, 6 To every other Priest present, not exceeding 21, ... 6 To the two Parish Clerks, each, 4 To each of the six Choristers, 2 To the Alderman of Trinity Guild, if present, and offering, 2d 2 To his wife, subject to the said offering, 16 To the Alderman of Magdalen's Guild, offering \d. 16 To his Wife, offering Id. 12 To the Alderman of the Virgin's Guild, offering Id. 16 To his Wife, offering Id. 12 To the Alderman of Corpus Christ Guild, off. Id. 16 TohisWife, offering Id. 12 For Wax, burnt about the Herse, 2 4 To the Bellman, for ringing the Bells, what is customary. The remainder to be given to the Poor. Forty shillings to be paid yearly to the Alderman of Trinity Guild, otherwise called the Alderman of the Town. 292 THE FREE SCHOOL. Forty shillings a year to the Chauntry Priests, to pray at their dinner and supper graces, for the souls of Thomas Magnus and all christian souls, to be paid at Martinmas. The Aldermen of Trinity and Mary Guilds, taking to them six of the eldest and saddest feoffees, with the advice of the church mas- ters, shall let the premises for any term not exceeding 21 years. The lease to be under the Seal of the Vicar, two Aldermen, and six feoffees. If this indenture shall be frustrate by any law or statute, the lands to be sold, and ap- plied tb the same uses. If the Guilds decay, then the Vicar, the Bailiff* of the town, the church masters, and other two the eldest of the feoffees, to have the ordering of the premises in manner as afore* said. The profits yearly remaining over all the aforesaid charges, to be put into a chest in the ±riE FREE SCHOOL. 293 treasure house, under the keeping of the church masters, with three locks and keys, to he kept by the two Aldermen of Trinity and Magdalen Guilds and Vicar. Application of the remainder and accumula- tion of the profits. Defence of the title. Reparation of the premises. Renewal of the feoffments. If the amount is above ^40. then the surplus to be applied to putting the said lands and tenements in mortmain. Or to the works of the Church of Newark, or to some other commonweal, as need shall require, if thought necessary by the said Vicar, the two said Aldermen and the church masters who are appointed executors. And that the Intents of the said covenants, agreements and grants, may not hereafter be put into oblivion, it is required, that upon Trinity Sunday or the Monday next, after the 294 THE FREE SCHOOL. finishing of their feasts there used, that the Vicar, the two Aldermen, and Church masters, do cause to be read, the names of the feoffees for the time being, and to fill up the vacancies if any are dead : and for so doing they shall receive ten shillings towards the providing of bread and wine. The two school masters, with the consent of the feoffees, to be chosen by the Vicar, and the Aldermen of the four Guilds, namely, — Trinity Guild, \ Corpus Christi Guild, ^ in the Church of Our Lady's Guild, ( Newark. Mary Magdalen Guild. / That upon the nomination of the Grammar School-Master* he shall be, by the Vicar and Aldermen, or two of them, presented to the warden of the Friars Observant at Newark, for the time being. And in case the said warden shall find him sufficiently able in vertue and connyng to teach the said gram- mar, then shall his charge be delivered unto him ; to which if he agree, his oath of office shall be forthwith administered. THE FREE SCHOOL. 295 THE OATH, I, C. D. being appointed master of the 'Grammar School in the parish of Newark upon Trent, (and built by Master Thomas Magnus, late Archdeacon of the East Riding in the Metropolitan Church of York,) as Mas- ter and instructor of scholars there, in honor of the name of Jesus and of the Blessed Virgin Mary, his Mother, swear to these things, by the holy Gospel of God ; that, when I shall have been inducted into this school for the instruction and learning of scholars; from that time I will not receive or partake of any salary for my service, except the annual one limited and assigned to me by the direction of the said Master Thomas Magnus. The orders and rules of this foundation declared to me before, or to be declared hereafter and with all and every of which being content, I w r ill keep as far as lies in my power as a mortal being ; nor will I fraudulently or maliciously break them or any part thereof. So help me < rod and the holy Gospel of God. 296 THE FREE SCHOOL. Possession shall then be given by placing him in his chair, and repeating to him as fellows ; — Ye be chosyn to be Maister, Instruct- our, and Preceptour of this Scoole, and to teche Chylder repayryng to the same, not onely good Literature, Gramer and other vertuous Doctrine, but also good Maners, accordyng to the Ordynance of Maister Tho- mas Magnus. Wherfore we doe ascertayne you, that this is a perpetual Roome of Contynu- ance upon your good Demeanour and Dutie to be done in this Scoole. And at all suche Tymes as the Vicare of Newark, and the Alderman of the Trynitie Gilde, with the other the Aldermen of Corpus Christi Gilde, Our Ladyes Gilde, and Mary Mawdeleynes Gilde, the Church Wardeyns and Maisters, and the moore parte of the Feoffees of the said Laridys, Tenements and other Heredytaments, wherof ye shall have your Stypend, shall requyre you to come afore theym, or three of theym, in the Vestrye within the Parysshe Church of this the THE FREE SCHOOL. 297 Towne of Newark, or any other honest and secret place, ye shall not onely be redy ther- unto, but also ye shall applye you to reforme yourself, and to amende suche thyngs whereof perchaunce ye shall be then admonyshed and warned, or ells ye shall submytte yourself to the Correction and Reformation of the Arche- deacon of Notyngham, or of his official ; and so doyng your duete, ye shall contynue Maister of this Scoole with Love and Favour, and otherwise ye beyng resonably warned and monysshed once, twyes, or thres of your evil Demeanours, and not amendyng, nor submvt- tyng yourself, as ys aforsaid, shall content and dispose you to departe from this Roome. And in case hereafter ye shall be determyned of your owne Mynde and mere mocyon at any tyme to departe from the same Roome, and to refuse the Roome of Scool-Maister, ye shall then gyve unto the Vicare of the Churche of Newarke, to the Churche Maisters or Churche Warndeyns there, and to the said Aldermen, or to three of theyiii, special Warnyng and Monvcyon at the least by the space of vj Monthes or moe, oueless that in a moore brev r o T 298 THE FREE SCHOOL. tyme one other able and apte Person for that Roome shall or may be well provided/' " The said Vicare, Church Maisters, and Aldermen, or three of theym, shall also say* unto the said Person so admyttyd to be Scoole Maisterof the said Gramer Scoole that he shall not absent hymselfe fro the saide Scoole by any longger Tyme then ys assigned by the Ordynance> nor to have suche Libertie but upon Licence askyd and optaynede of the saide Vicare, yf he shall be present, and of the saide Alderman of the Trinitie Gilde, and of the other three Aldermen aforenaymd. And if any Controversy^ Dyscorde or Debate shall fortune to be betweene the saide Scool-maister any of his Scoolers, or betweene the saide Scool-mai- ster and any other Persone of the Towne or Parietie of Newarke aforesaid, that then the saide Scool-maister shall, for the peasing and Reformation thereof, abyde to the order and Dyrectyon of the saide Vicare of Newarke for the tyme beyng, yf he be there present, and of the Alderman of the Trinitie Gilde, and of the other three Aldermen aforesaid for the THE FREE SCHOOL. 299 tyme beyng, or of three of them ; and that the same Scool-maister in all other things shall conforme hymselfe to the Ordynance made by the said Maister Thomas Magnus; and fynally, the said Vicare, Aldermen and Feoffees, shall save to the saide Scool-maister, That in his so doying God gyv hym Grace long with muche Goodnes to contynue, and many Scoolers to bryng forth in Vertue and good Lernyng. Amen." The Song Schoolmaster to be chosen by the Vicar, the Church masters or wardens, and the Aldermen of the four Guilds. If either of the Schoolmasters misdemean himself, and shall not use and order themselves well and virtuously in every behalf according to their diligence, and the said ordinances, and diligently apply themselves to the teach- ing of their scholars; it shall then be lawful for the said Vicar and the said Aldermen, after three monitions given to the said masters, or to one of them, (so misusing or demeaning himself) to shew to the above Arch-deacon of t2 300 THE FREE SCHOOL. Nottingham, for the time being, or his official, for reformation or correction of the default of the said masters, or such one of them as shall so misuse himself, and in case the faults are neither reformed or punished, the Vicar and Aldermen aforesaid to detain the salary, till submission is made. But if the said Schoolmasters or either of them, remain pertinaciously obstinate, then he or they to be expelled the school. And if the said Schoolmasters shall find themselves aggrieved, either by non-payment of the salaries, or otherwise, the case to be laid before the said Arch-deacon, or his official, for his determination. ANCIENT REGULATIONS OF THE SCHOOL. " The said School-maisters, and either of theym for the tyme b&yng, shall cause and compell their Scoolers, every Worke-day in the whiche the said Scoolers lerne or be taught, THE FREE SCHOOL. 301 to be in the Scoole by syx of the cloke in the Mornyng, or soone after that Houre, and there to remayne til it shal be nyne of the Cloke, and then to goe to their Brekfast or Drynkyng j and to be in the Scoole ageyn at tenne of the Cloke, or nere unto that Houre, and then to goe to theyr Dyners, and to be in the Scoole ageyn at one of the Cloke, or within haife an honre after, and there to remayne and tary tyll yt shall be six of the Cloke, except tymes lymyttyd for the said Scooters to be present at Masses, and the Day in the whiche the saide Obit shal be kept. And also except the After- noons of such days wherein they shall have licensed holidays. That there shall be Psalms and Prayers every day at six in the morning and six at the evening." That the said Masters shall not be allowed to grant Holidays to their Scholars, except on a Tuesday or Thursday, or unless it be required by any honorable or worshipful person, or other of good fame, in which case the granting or refusing shall be at the option of the Masters. 302 THE FREE SCHOOL. Any of the Scholars either for disobedience, obstinacy, or insolence, may, after being thrice admonished, be expelled the School. The above Indenture, examined and con- firmed by the said Thomas Magnus, February 27th, 1531. Feoffment renewed January 6th, 155 J, (5 Ed. VI.) February, 1571, (14 Eliz.) Mr. Magnus lived above 18 years after the settlement of these great donations, a circum- stance which much recommends and endears his memory to the inhabitants of the town of Newark, REMARKS. Many and great alterations have taken place since the time of the original donor; Altars, Masses, Requiems, Obits, with their numerous train of attendants were swept away at the reformation by that pious Monarch Henry VIII. though, it is highly probable, had THE FREE SCHOOL. 303 not the tyrant been thwarted in his views of cutting out one wife, and shuffling in another, the sway of his Holiness would have continued unimpeded to this day. The religious reform- ists of those times, notwithstanding the nu- merous errors they professed to have discovered in Popery, prevailed upon themselves without the least reluctance to take possession of Popish Churches, and Popish Endowments; nor, is it much doubted their regenerated descendants, would be found squeamish about "pushing from their stools" the present possessors, if opportunity occurred. The statute against superstitious uses, would have rendered nugatory many of Mr. Magnus' liberalities ; but that gentleman shrewdly suspected, and consequently was provident enough to guard against such an innovation. The Guilds vanished, but Magnus' prescience had ordered a remedy. Matters however were, by the lapse of two centuries, involved in such perplexity that in the year 1738, a decree was obtained in Chan eery which it may not be imnroDer to tran- 304 THE FREE SCHOOL. scribe for the information of the inhabitants in general. The Decree is dated January 13th, 1738. This suit was instituted Between, His Majesty's Attorney General, at the relation of William Handley and John Potter, Church-wardens of the Parish of Newark upon Trent, and Parishioners and Inhabitants there, and of Samuel Fisher, gent, one of the Land-owners and Inhabitants there, on behalf of the Parishioners and Inhabitants of the said Town, Plaintiffs : AttD, The Mayor and Aldermen of Newark aforesaid, in their Corporate capacity, Henry Martin, John Milnes, Samuel Rastall, Robert Marris, John Herring, John Taylor, Christo- pher Buckley, Edward Eastland, Benjamin Farnsworth, Joseph Lund, William Hoyes, Thomas Wilson, and Edivard Smith, the then Mayor and Aldermen, and Bernard Wilson, clerk, Vicar of the same place, Defendants. This cause was heard on the 26th and 28th THE FREE SCHOOL. 305 days of June, 1736, before the Lord Chancel- lor Talbot, who declared that the charities, in the pleadings mentioned, given by Thomas Magnus, clerk ; Robert Brown of Newark, aforesaid, Esq. and William Philpott of New- ark aforesaid merchant, should be established, except what were given to superstitious uses. The Mayor and Aldermen took exceptions to this report, which were argued before the Lord Chancellor Hardwick, on the 13th, and 15th days of December, 1/38, when the fol- lowing Particulars or Articles were decreed. EDecwe. ORDER AS TO THE MANAGEMENT OF MAGNUS' CHARITY. a HIS LORDSHIP doth Order, Adjudge and Decree, that the first Article be, That a Receiver be appointed on Monday in Whit- sun-week next ensuing, between the hours of one and two of the clock in the afternoon of the same day, in the body of the Church of Newark aforesaid : And that such Receiver be 306 THE FREE SCHOOL. chosen and appointed at a meeting of the Vicar of the Church of Newark aforesaid, the Mayor, and next senior Alderman, and the four Church-wardens, for the time being, of the said Church of Newark, or the major part of them, whereof the Vicar or Mayor to be one, and the majority of those present to bind the rest: And that such Receiver be removeable at the pleasure of the said Vicar, Mayor, and next senior Alderman and four Church-ward- ens, or the major part of them, whereof the Vicar or Mayor to be one, and the majority to bind the rest; but such motion, and the ap- pointment of a new Receiver, to be made only at such meeting on the Monday in tFhitsun week for that purpose, whereof public notice is to be given in the Church, on the Sunday fortnight before, immediately after Divine Service. 1L And it is further Ordered, Adjudged and Decreed, that the second Article be, That such Receiver do pay what he shall so receive into the hands of the said four Church -wardens, within eight days after the receipt thereof. THE FREE SCHOOL. 307 III. And it is further Ordered, Adjudged and Decreed, that the third Article be : That such Receiver do annually, on the 7th day of January, between the hours of twelve and two in the afternoon of the same day, unless the said 7th day of January happen to be on a Sunday, and then on the Monday following, between the same hour-, in the body of the Church of Newark aforesaid, pass his accompts before the Vicar, the Mayor, the first senior Alderman, and the four Church-wardens for the time being, or the major part of them then present, whereof the Vicar or Mayor to be one, and the majority of those present to bind the rest. And that after such accompts are passed, the same, together with the Rental of the Premises, be fairly transcribed into a book to be provided for that purpose, and signed by the Persons present at the allowance thereof. IV. And it is further Ordered, Adjudged, and Decreed, that the fourth Article be, That the four Church-w T ardens do, until the several Charity Estates be increased by the falling in of Leases or otherwise, by the oversight and 308 THE FREE SCHOOL. with the privity and consent of the Vicar, the Mayor, and the first three senior Aldermen of Newark aforesaid, for the time being, pay the several sums of money, and at the several times, and to the respective Persons herein after mentioned and named ; that is to say, To the Schoolmaster of the Grammar School twenty pounds a year by equal payments at Michaelmas, Christmas, Lady-day, and Midsummer. To the Song School-master seventeen pounds a year, quarterly by equal payments as aforesaid. To the six Singing Boys eight pounds a year; (that is to say) d'6. \3s. Ad. part thereof towards their Maintenance, andj^l. 6s. Sd. residue thereof, to be laid out in Gowns, or Surplices; the ^6. 13s. 4d.to be paid quarter- ly by equal payments as aforesaid. To the Mayor of Newark, for the time being, two pounds on Michaelmas day. To the Town Clerk of the said town two pounds on Michael- mas day, in consideration of the trouble he will have, by reason of the directions hereby given. And to the Receiver, on the day of passing his Accompts, 13s. Ad. besides his reasonable expenses. And to the Vicar, Mayor, THE FREE SCHOOL. 309 first senior Alderman, and four Churchwardens, or to such of them as shall be present at the passing of the Accompts two shillings a piece, to be paid at the time of passing the said Accompts, which said several payments do amount together to the sum of ^50. 7$« 4rf. V. And it is further Ordered, Adjudged and Decreed, that the fifth Article be, That, after paying of the several sums of money be- fore mentioned, the residue of the Rents and Profits of the said Premises be put into an iron chest to be provided for that purpose, w r ith three locks and three keys, to be kept in the Treasury house in the Vestry of the Church of Newark aforesaid, and the same to remain in the same chest until the same shall amount to the sum of forty pounds ; one key of the said chest to be kept by the Mayor, another by the ! Vicar, and the other key by the head Church- warden, chosen by the town of Newark, for the time being, VI. And it is further Ordered, Adjudged and Decreed, that the sixth Article be, That 310 THE FREE SCHOOL. when the Surplus or Residue of the Rents and Profits of the said Premises, after the Payments aforesaid are made, shall amount to the sum of Forty Pounds, that then the Town Clerk of Newark aforesaid do cause public notice to be given on a Sunday immediately after divine service, of a meeting to be had by the Vicar, Mayor, first senior Alderman, and four Church- wardens of Newark aforesaid for the time being, or the major part of them then present, whereof the Vicar or Mayor to be one, and the majority of those present to bind the rest, for the disposition of such surplus or residue, which meeting shall always be some day within a fortnight after such surplus shall amount to the said sum of forty pounds, in the body of the Church of Newark, between the hours of nine and ten of the clock in the morning of the same day ; at which meeting, the Vicar, Mayor, first senior Alderman and four Churchwardens, or the major part of them then present, where- of the Vicar or Mayor to be one, and the ma- jority of those present to bind the rest, are, by writing under their hands to direct and appoint the payment and application of such residue THE FREE SCHOOL. 311 M surplus in repairing or beautifying the Church of Newark aforesaid, or some other good work or works for the common good and weal of the said tow r n, as they shall think most necessary and convenient, and most agreeable to the donation and intention of the said Thomas Magnus. And that they do cause such order and direction to be fairly transcribed into a book to be provided for that purpose, and to be signed by them, and kept in the said chest, VII. And it is further Ordered, Adjudged and Decreed, that the seventh Article be : That when any Leases of the said Premises shall expire or any part of the said Premises shall be untenanted, that the same be let at the full improved value, without any fine to be taken in any respect thereof. And that no Lease or Leases be granted for any longer time than twenty-one years, nor any Lease or Leases granted of the said Premises, or any part there- ; of, without the privity and consent of the Mayor, and first three senior Aldermen, the Vicar and four Cliurrh-wardcns, for the time 312 THE FREE SCHOOL. being, of the town and Church of Newark, or the major part of them, whereof the Vicar or Mayor to be one. VIII. And it is further Ordered, Adjudged and Decreed, that the eighth Article be: That before any part of the said Estate shall be let on Lease, or otherwise, the Tow r n Clerk of Newark aforesaid for the time being, shall cause public notice to be given by the Parish Clerk on a Sunday, in the Church of Newark aforesaid, immediately after Divine Evening Service, of the time and place of letting such Estates, at least ten days before the letting of the same. And that the said Estates shall always be let in the body of the Church at Newark aforesaid, between the hours of twelve and two of the clock of the day appointed for letting the same to the person or persons that will give the most Rent for the same. Provided such person or persons shall be esteemed by the Mayor, three senior Aldermen, the Vicar, and four Church-w r ardens of Newark afore- said, for the time being, or the major part of them present, whereof the Mayor or Vicar to THE FREE SCHOOL. 313 be one, to be capable of paying, or giving good security to pay the Rent of the same. IX. And it is further Ordered, Adjudged and Decreed, that the ninth Article be, That in case any Lease or Leases is, or are agreed upon at the time aforesaid, that such Lease or Leases shall pass under the common seal of the Corporation of Newark, and under the hands and seals of the Mayor, three senior Aldermen, Vicar, and four Church-wardens for the time being, of the said Town and Church of Newark, or the major part of them. And that they take a counterpart of such Lease or Leases from the Lessee or Lessees of the said premises, executed by him, her, or them, and shall deposit the same in the said iron chest. X. And it is further Ordered, Adjudged and Decreed, that the tenth Article be : That the Grammar Schoolmaster and Song School- master upon any future vacancy, to be chosen by the Vicar and the Mayor, and twelve Alder- men of Newark aforesaid, or the major part x *-> 14 THE FREE SCHOOL, of them present, whereof the Mayor or Vicar to be one, at a meeting to be had for that pur- pose ; of which meeting, the Town Clerk of Newark aforesaid is to cause public notice to be given by the parish clerk of the Church of Newark aforesaid, in the Church of Newark aforesaid, immediately after evening divine service, at the least ten days before such meeting, which is to be in the body of the Church of Newark aforesaid* XL And it is further Ordered, Adjudged and Decreed, that the eleventh article be, That the master of the said Song-school dd, from time to time, chuse at his discretion, out of the boys, inhabitants of the said Town of Newark, being scholars at the said Grammar School of Newark aforesaid, such a number of boys, in case of a vacancy of the present boys, as shall be wanting to fill up the present number of six, such as he shall judge to be apt for singing and playing on the organ; but none of them to be chosen without the consent of their Parents or Guardians, nor under the age of ten years, nor to continue in the said Song- i THE FREE SCHOOL. 315 school any longer than until they have attain- ed respectively their ages of eighteen years. But in ca«e boys proper for that purpose shall not be found in the Grammar School, then such vacancies to be filled up out of the chil- dren of the Town of Newark. XII. And it is further Ordered, Adjudged and Decreed, that the twelfth Article be, That when any of the Leases now subsisting shall expire or drop in, that the increase of the Rents and Profits which shall arise thereby, be divided into twelve equal parts, and be dis- posed of as followeth (that is to say) That six- parts of the said twelve parts be paid and ap- plied to the augmenting and advancing the salary of the said Grammar School-master, un- til the same shall be augmented and increased to the sum of forty pounds a year : That one part of the said twelve parts of the said increase of the said Revenues of the said Estates, to be applied and paid to the said Song Schoolmaster, until the said Song Schoolmaster's salary shall be increased and augmented to the sum of Twenty Pounds a year ; And that four parti of x2 316 THE FREE SCHOOL. the said twelve parts of the said increase of the said Revenues of the said Estates, be applied and paid to the said singing Boys, until their salary or allowance shall amount to the sum of Twenty-four Pounds a year in the whole ; And that the remaining one-twelfth part of the increase of the Revenues of the said Estates be applied and paid to the Receiver of the said Estates, until his salary or allowance amount to the sum of Three Pounds a year, besides his reasonable expenses. And that after the seve- ral augmentations and increases of the salaries or allowances aforesaid are made and paid, the residue of said increased Rents and Profits, if any shall be, shall from time to time, be put into the aforesaid iron chest, with three locks and three keys, and the same to remain in the same chest, until the same shall amount to the sum of Twenty Pounds. XIII. And it is further Ordered, Adjudged and Decreed, that the thirteenth Article be : That when the surplus or residue of the Rents and profits of the said premises, after the pay- ments aforesaid are made, shall amount to the THE FR^E SCHOOL. 317 sum of Twenty Pounds, that then the Town Clerk of Newark aforesaid, do cause public notice to be given on a Sunday, immediately after divine service, of a meeting to be had by the Vicar, Mayor, first senior Alderman, and four Churchwardens of the Church of Newark aforesaid, for the time being, or the major part of them, whereof the Vicar or Mayor for the time being, to be one of them, for the dis- position of such surplus or residue ; which meeting shall always be on some day within a fortnight after such surplus shall amount to the said sum of Twenty Pounds, in the body of the Church of Newark aforesaid, between the hours of nine and ten of the clock in the morn- ing of the same day ; at which meeting, the Vicar, Mayor, first senior Alderman, and four Churchwardens, or the major part of them then present, whereof the Vicar or Mayor to be one, are, by writing, under their hands, to direct and appoint the payment and applica- tion of such residue or surplus in repairing or beautifying the Church, or some other good work or works for the common good and weal of the said town of Newark, as thev shall 318 THE FREE SCHOOL. think most necessary and convenient, and most agreeable to the donation and intention of the said Thomas Magnus. And that they do cause such order and directions to be fairly tran- scribed into a book, to be provided for that purpose, and to be signed by them, and kept in the said chest. And in case there shall be an equal division of the said persons present at such meeting, then they are to take unto them the two Masters of the said Grammar and Song Schools for the time being, and the two Alder- men of the said town next in seniority, who, together with the persons that shall be so pre- sent as aforesaid, or the major part of them, shall determine the same. * £. $. d. The original Rental of Mr. Magnus* Estates, in 1531, 42 8 4 The Rental of ditto, inl768,.... 396 17 8 The Everton&Mattersey Estates,.. 1818,.... 2097 4 The Sandwath Estate, 1818,.... 385 The Barnby Estate, . 1818,.... 42 The Lincolnshire Estates are lost. * The addition of an even number to an even number, seems to be an odd method of providing for a determination by majority j but Law and Mathematics are two distinct things. THE FREE SCHOOL. 319 PRESENT STATE OF THE FREE SCHOOL. On the decease of the Rev. Davies Pennell, in 1814, the Rev. J. B. Wittenoom, from Brazen Nose College, Cambridge, was appoint- ed Grammar School Master, who in the year 1818, made numerous additions to the original building, by erecting a very large and com- modious school room, converting the late one into a habitable dwelling, and raising an entire- ly new suite of rooms in front, with many other contiguous improvements. Mr. Wittenoom's success in his most arduous undertaking, of applying Dr. Bell's mode of tuition to the classics, has hitherto been, deservedly, unequalled; and clearly evinces that the clouds of ignorance and bigotry, which have too long shrouded the horizon of educa- tion, are at length diverberated and dispersing before the all powerful sun of reason. The discerning public are entitled to the highest honor through cherishing this attempt to emancipate the youthful mind from those sombrous shackles by which, for centuries it 320 THE FREE SCHOOL. has been enthralled. Mr. Wittenoom has pass- ed the Rubicon, every succeeding hour is his powerful auxiliary and conviction with decided aspect brings up his rear. Man is no longer to be fooled out of the operative evidence of his senses, the day is past and never to return.* * In the year 1757, on a dispute arising concerning an election of the two Commoners, a case was drawn, and laid before George Perrott, Esq. of the Inner Temple, for his opinion upon the several allegations therein contained. Numerous, and as it appeared to Mr. Perrott, frivolous in some instances, were the queries in this application; one however seems to deserve particular notice, as it tends to fehew the strange difference between man and man. — " That the said Master doth now not only receive the said salary of £40 a year as Grammar Schoolmaster, with a good house to live in, but also a further salary of £20 a year paid out of the saidPhillipott's estate, as Usher of the said School, though he so shamefully neglects the said School, that he has now only about ten scholars out of the whole parish of Newark" The Seminary now consists of 30 day scholars, besides 92 boarders. THE HISTORY OF THE TOWN OF Uetoavft upon ftvtuU In the County of Nottingham , COMPRISING AN ACCOUNT OF ITS ANTIQUITIES, EDIFICES, PUBLIC INSTITUTIONS, CHARITIES, CHARTERS, ETC. BY RICHARD PHILLIPS S HILTON PART II. NEWARK: Printed and sold by S. and J 4 Ridge; SOLD ALSO BY S. RIDGE, GRANTHAM ; AND BALDWIN, CRADOCK, AND JOY PATERNOSTER-ROW, LONDON. 1820. CONTENTS OF PART II. page Extract from the Will of Robert Brown, 321 William Phillipott, 332 Sales of Brown's and Phillipott 9 s Estates, 363 Town Hall, 367 Charitable Donations, 377 Address to the Parishioners of Newark upon Trent, 1748, 437 Guilds or Ancient Corporations, 488 Incorporation of the Town of Newark, . . 443 Representatives in Parliament, t . . . 456 Ancient Topography of Newark, ...... 461 Ancient Inns, 466 — Paving, # 486 Workhouse, 489 Present State of Newark, 499 Troop of Cavalry, 504 Volunteers, 507 IV CONTENTS OP PART II. Hercules Clay, page 515 Coincidental Fatalities, 517 Ordination concerning the Vicarage, .... 527 Dissenting Chapels, 536 Associated Schools, 536 Banks, 539 Increase of Commerce at Newark, 540 Brewery, 542 Theatre, 543 Old Bowling Green, 544 New Bowling Green, 545 Haling-path Bridge, 545 Brown's Tomh, 547 Taxes, 548 Index. 321 EXTRACT FROM THE WILL Of ROBERT ttROWN, OF NEWARK UPON TRENT, In the County of Nottingham, Esq. TOUCHING HIS DONATION TO THE SAID TOWN, Bearing date Sept. 4th, 1532, and 24 Hen. VIII. Whereas, I have enfeoffed by my Deed indented tripartite, Robert Markham, Esq. Henry Sutton, of Averham, in the County of Nottingham, Esq. William Molyneux, of Hal- ton, in the said County, Gentleman ; Richard Bever cotes and Richard Lucas, of Neivark aforesaid, Gentlemen ; Lambert Watson, Ro- bert Curson, Thomas Lewyn, William Philipot, William Brynkeley, Hugh Gelston, Robert Jackson, William Younge, John Fulwood, Nicholson Tyxton, Hemy Wise, John Th/tck- er, and Thomas Spa?iyng, of Newark afore- said, Yeomen ; of and in all my Lands and Tenements, Rents, Reversions, Services and 322 BROWN'S DONATION. Hereditaments, with their Appurtenances, as well in use as in possession, being Freehold or Charterhold, in the Town and Fields of New- ark, Northgate, nigh Newark , Balder ton and Codyngton ; to have and to hold the same un- to him the said Robert Markham, and his said Cofeoffees, and their Heirs, to and for the performance of my last Will and Testa- ment, J^Q it is now by these presents I will that the said Robert Markham, and his said Cofeoffees, their Heirs and Assigns, shall stand and be seized of and in the premises to the use of me the said Robert Brown, for the term of my natural life, without impeachment of waste; and immediately after my decease, of all the said Lands Tenements, and Heredi- taments, (except one Tenement called the Boore, in Castillgate, with a Garden or Gar- den-stead, and one Tenement in Milnegate) to the use and intent that my said Feoffees, their Heirs and Assigns, shall yearly, for the space of nineteen years next after my decease,* con- * The devise of Mr. Brown, that his Feoffees, should, yearly, for the space of nineteen years, &c. seem?, at first view, some what singular, but the reason of it is evident, BROWN'S DONATION. 323 tent and pay to th$ Vicar of Newark aforesaid for the time being", and of his successors Vicars of Newark aforesaid ; or, in his or their default, to him that shall have the name of the Alderman of Trinity Gild there for the time being, all sums of money as shall be levied, perceived, or gathered of the Rents, Issues and Profits of the same Lands, Tene- ments and Hereditaments (except before ex- cepted) or else for the same nineteen years suffer the said Vicar and his successors, and Aldermen for the time being, to perceive, take, and have the same; to the intent that the same shall be employed, bestowed, and spent to the us$ of the commonwealth of the town of upon consideration had of the statute against supertitiouc uses, 23 Hen. VIII. Mr. Brown's Will bears date not six months after the commencement of that statute, which avoids certain uses if made to endure above the term of 20 years. Mr. Brown (as appears l>y his Epitaph; died December 10th, 1532. Consequently the term of nineteen years would have expired by lapse of time in December, 1551. But the Lands were conveyed to the Alderman and Assistants, and their successors, within the term (viz. in the last year) as was agreeable to Mr. Brown's Will, if it should appear his Donation could be established by the Law. * 324 BROWN'S DONATION. Newark aforesaid, whether it shall be to the reparation of the Church there, or any good works to be done in the said town of Newark, as mending of Highways, as it shall be thought most expedient from time to time by the direction of my Executors, or the Survivors of them; or by the Vicar of Newark aforesaid, or his successors Vicars there, and Aldermen of the Trinity Gild of Newark aforesaid for the time being. And in case my present Will and Testament may not by the law be made sure for ever within the said nineteen years for the continuance of my said Will, Intent and Purpose in the same ; then I Will that the next heir, immediately after the said nineteen years be passed, or as soon after the end of the said nineteen years as conveniently may be, my Executors, or the survivors or survivor of them ; or the Executors or Admi- nistrators of the survivor of them, or the Vicar of Newark for the time being, or the Prior of the Monastery of the Holy Trinity of Bevall in the County of Nottingham for the time being, shall bargain and sell all the said Lands, Tenements and Hereditaments (except before BROWNS DONATION. 325 excepted) and the money thereof coming, to distribute and dispose for the benefit of my soul, and for the commonwealth of the 6aid town of Newark. April 30th, 1551, (5 Ed. VI.) By Deed Poll Robert Robinson, Iron- monger, and John Wilson, Mercer, both of Newark, for certain considerations them mo- ving, enfeoff William Blank, Robert Baxter, and John Key, of Newark, of and in all and singular the Messuages, Cottages, Lands, Tenements and Hereditaments following ; that is to say, Situation, One Tenement with a Garden and Selion, Barnby-gate. Twoditto, ditto. One ditto, „ Middle-gate. One ditto, Balderton-gate, Three Cottages and Garden, ditto. One Tenement and Croft, Carter-gate. One ditto, ditto. One Barn with a Croft, Beamond. One Barn, ditto. Lands, Tenements, Bam and Croft, in the Tenure of Richard Caluey, Milne-gat. One Tenement and Garden, ditto. 326 BROWN'S DONATION Situation. One Tenement and Garden, Castle-gate. One ditto, . . Coke-row. One ditto with a Shop, Garden and Barn, Stodmer-street, One ditto, ditto, ditto. Two Gardens called Saffern yard, ditto. Moiety of one Toft, called Cont Croft, Potter-dike. Three Tenements with each a Garden, . . . Kirk-gate. Two Messuages in the Tenure of John Corbridge, Land in Newark field, in the Tenure of John Corhridge, I Acre, One Tenement and Croft, North-gate. Land, lin the open fields and f 30 Acres, ditto. Meadow, {territories of the same, f 3 Acres, ditto. Three Cow Gates, in the Cow pasture,. . . ditto. One Tenement and Croft, ditto. Meadow and Pasture, 27 Acres, ditto. Two Cow Gates and a half, ditto. One Tenement with a Garden and Barn, ditto. One Tenement ........ ditto, ..... . . ditto. One Cottage with a Garden and one Selion of arable land, ditto. One Tenement, «... . . ditto. Meadow and Pasture, 40 Acres, ditto. Two Cow Gates, ditto. One Close of Pasture, by estimation 2 Acres ditto. Moiety of one Tenement, ditto. All which said Lands, Tenements and Hereditaments are situate and being in New- BROWN'S DONATION, 327 Ark aforesaid, and in the territories and pre- cincts thereof. also, Situation, One Tenement and Croft, Coddington. Land and Meadow, 8 Acres, ditto. Land in the open Field, 10 Acres, .... Balderton. Moiety of a Tenement, ditto. Land, ditto. Total 2 Messuages, 4 Cottages, 22 Tenements, 5 Barns, 1 Shop, 121 Acres of Land, besides others not specified, 6 Crofts, 7f Cow Gates, 2 Selions and J a Toft. To have and to hold to them and their heirs to the use of them and their heirs. Livery of seisin was made the same day, as appears by the Indorsement. September 2nd, 1551, (5 Ed. VI.) By Deed Poll, Henry Sutton of Averham, Knt. Robert Markham of Spanby, in the County of Lincoln, Esq. William Phillpot of Newark, Merchant; Hugh Gelston of Newark, Draper; and John Thacker of Hull, Merchant; remise, release, and quit-claim to William 328 BROWN'S DONATION. Blank, Robert Baxter, and John Key, and their heirs, all their right, &c. in Newark, Northgate, Coddington and Balderton, or else- where, in the County of Nottingham, formerly Robert Brown's, Esq. September 28, 1551, (5 Ed. VL) By Deed Poll William Blank, Tallow Chandler, Robert Baxter, School-master, and John Key, Ironmonger ; all of Newark, for certain considerations them moving {by the King's Licence first obtained) give, grant, and confirm to the Alderman and assistants, inhabit- ants of the town of Newark upon Trent, in the County of Nottingham, and to their suc- cessors, all &c. (being exactly the same Messuages, Cottages, Lands, &c. as were before given to Blank, Baxter and Key, by Robinson and Wilson, and described in their Deed) to have and to hold the same to the aforesaid Alderman and Assistants, inhabitants of the town of Newark aforesaid, and to their successors for ever. BROWN'S DONATION. 329 REMARKS, BY AN ANONYMOUS AUTHOR WHO WROTE In the year 1748. " Robinson and Watson who enfeoffed Blank, Baxter and Key, stood not in any relation to Mr. Brown, either as his feoffees, heirs at law, or executors. Some of the surviving feoffees lived at a distance from Brown's lands; and to them it might have been inconvenient to make livery of seisin, which, at that time, was the usual method of conveyance. So Robinson and Watson, by advice, enter into the lands, as claiming title, and disseize the feoffees, whereby they gain a tortious and wrongful estate to them and their heirs; they then convey by feoffment to Blank, Baxter and Key, who being thus in seizin and possession, the surviving feoffees release to them all their right, &c. After which Blank, &c. convey to and settle the estate in the Corporation/' The yearly rent roll, a* it stood in 1768, was ^178. ISs. 6ct. v 330 BROWN'S DONATION. DECREE. January 13th, 1738. His Lordship by a decree consisting of nine articles confirmed the Will of Robert Brown y against the Corporation, with full costs of suit. Art. 1. The receiver to be chosen by the Vicar and Mayor, but if they shall not agree, or one of them be absent, the senior Alderman and two of the Churchwardens chosen by the parishioners shall be called in. Art. 2. The receiver to deposit the money in an iron chest, with three locks and three keys. Art. 3. To account the first of January yearly, before the Vicar and Mayor, and if they shall not agree, or either be absent, the senior Alderman and two of the Church- wardens, chosen by the parishioners to be called in. The accompt to be signed by the Trustees, and kept in the chest. Art. 4. The money to be applied towards the repairs of the Church, or such othfer good BROWN'S DONATION. 331 works for the common weal of the town as shall be more agreeable to Brown's donation. Art. 5. The directions touching the application of such Money to be transcribed into a book, signed, and deposited in the chest. Art. 6. Leases of any part of the property not to exceed 21 years, and to be let at the best value. Art. 7. Ten days notice to be given of such letting, which shall be in the body of the Church, and to the best bidder; provided the security for the payment of rent is approved by the Vicar and Mayor. Art. 8. Leases to pass under the Corpora- tion Seal, and the hands and seals of the Mayor or Vicar. Counter parts of such Leases to be kept in the chest. Art. 9. The Receiver's salary to be 40*. a year. y2 332 EXTRACT FROM THE WILL OF WILLIAM PHILLIPOT, OF NEWARK UPON TRENT, In the County of Nottingham, Merchant; TOUCHING HIS DONATION TO THE SAID TOWN, Bearing* date March 18, 1556, And 3rd and 4th Philip and Mary. I do give to Elizabeth Phillipot my wife, for her dowry and thirds of my Lands, all these Lands, Rents and Tenements, with their Appurtenances, as hereafter shall appear, du- ring her life natural. First, Yearly Rent. £. 5. d. e. 6 13 4 One Tenement wherein I do dwell, some time. called the Ram, with all the edifications and buildings in as ample and large manner as do now occupy the same, One other Tenement in Middlegate, in the^ occupation of Harry Houghton, J 2 One Cottage in ditto, William Modie, 6 8 One other Tenement in ditto, Chist. Braforth, 6 One great Garden in ditto, Self, 13 One Cottage in Cdstlegate, John Blacktoft, 6 PHILLIPOT'S DONATION. 333 Yearly Rent. £. s. d. Three Leys & Headland in ditto, (Barbor Closures) 10 Two ditto open, in ditto, Roger Batheline, One Cottage in Middlegate, John Herringham, 4 One other ditto in ditto, John Heithcote, 4 One ditto ditto, in ditto, George Golland, 10 In all by the year 11 14 2fin& fUttfjer, I will that all the aforesaid Lands, Tenements, and Closures, with all their Appurtenances, immediately after the decease of the said Elizabeth Phillipot my wife, do remain, wholly to the Alderman and the twelve Assistants, inhabitants of the town of Newark upon Trent aforesaid, and to their successors for ever, in such sort as I shall fur- ther declare hereafter by this my present last Will and Testament. THE BEAD HOUSE. 3filtiJ tof)£tta& of late I have at my proper costs and charges made, erected, builded, finished and set up, one House, with a Chapel in the same, in Coddington-lane> within the 334 PHILLIPOT'S DONATION. town of Newark aforesaid ; which House and Chapel I made to be an Alms-house, for the continual ease, finding and lodging of jive poor men to be therein lodged, found and eased from time to time, and from age to age for ever : to the intent that such jive poor men, for the time being, shall and may con- tinually for ever pray for the good and prosper- ous estate of the King and Queen's Majesties that now be, and of the heirs and successors of the same Queen, for the prosperity, tran- quillity and peace of this realm of England ; and for the souls of our late Sovereign Lords King Henry the Eighth, and King Edward the Sixth; and for our said Sovereign Lady the Queen, after her departure out of this transi- tory life ; for my soul and my wife's soul, and all Christian souls ; which my purpose, as I assuredly trust it doth stand with the pleasure of Almighty God, so minding to have the same established and provided to have continuance for ever. THILLIPOT'S DONATION. 335 ENDOWMENT. Qfytttfott I Will and Devise, Give and Bequeath by these Presents, unto the Alder- man and the twelve Assistants, inhabitants of the town of Newark upon Trent aforesaid, and to their successors for ever, all and singu- lar the said House and Chapel last above rehearsed, together with all easements back- sides, profits, commodities, and pleasures, thereunto appertaining with the appurtenan- ces. SfiltJ) also, all and singular these other Messuages, Cottages, Lands, Tenements, Rents, and other Hereditaments, hereafter ensuing, that is to say, — Yearly Rent. £. s. d. One Tenement in Newark aforesaid in the Pave-\ ment, in the occupation of Robert Ho wesse, \ 2 10 One Garden i n Coddington-lane, J One Tenement in the Pavement , in the occupa-^ tion of Robert Chambers, Smith, > 2 13 i One Garden in Balderton-gate y ditto, J One Tenement on the Brigge, in the occupation 1 of Robert Thornton, Corvysser, > 14 One Tenement in Balder tong ate, in the occupa- 1 tion of Robert Claic, Tyler, . . . . ^ £ 2 >2 7 8 336 FHILLIPOT'S DONATION. Yearly Rent. £. s. d. One Tenement adjoining ditto, John Auclaie, 4 One piece of Ground in North gate, John Parker, 4 One ditto, ditto, ditto, 6 One Chief Rent out of a Tenement ditto, John Leminge, Pewterer, One ditto ditto, Stodmer-street, Robert Ringe- stone, Corvysser, One Cottage in Barnby-gate, Richard Crabtree, '030 One Cottage in ditto, Richard Aumbrie, 4 One Cottage ditto, Christ. Shaklocks, 7 One Cottage ditto, Roger Langton, 3 One Cottage ditto, William Sawtree, 4 One Chief Rent out of a Tenement ditto, William Townshend, One ditto or obit rent ditto, ditto, Roger Hogen, 3 2 One Tenement in Stoke, William Ellat, 19 8 Certain Land and Meadow (Copyhold) Farndon, ") John Arnale, f One Tenement, North Muskham, Robert Sibson, 6 One Cottage ditto, John Coll, 5 One Manor House ditto, John Bradlaie, "J Four Cottages ditto, ditto, > 3 7 One Tenement ditto, William Holmes, 15 4 } I 6 In all by the year 17 6 3Qnb ai$0, where heretofore I have given to Elizabeth my wife, during her life natural, PHILLIPOT'S DONATION. 337 nine acres of meadow and one rood, lying in the meadows of Holme aforesaid, now in mine own occupation, which was purchased of Gregory Barton, and is of the yearly rent of Forty Shillings ; I will that immediately after the decease of the said Elizabeth my wife, the said nine acres of meadow and one rood re- main unto the Alderman and the twelve Assistants, inhabitants of Newark, and their successors for ever, towards the maintenance of the Alms-house, and the lands and other charges belonging to the said Alms-house. In all, the rents appertaining to the Alms-house, with the said Forty Shillings in reversion. £ 19 Os. 6d. CO f)a\JC and to hold all and singular the said Messuages, Cottages, Lands, Tenements, Rents and other Hereditaments, with ali and singular the Appurtenances, immediately and forthwith after my death, of the yearly rent as is aforesaid ; and also the aforesaid reversion of Forty Shillings yearly, immediately after the death of Elizabeth Phillipot my vvih, to the aforesaid Alderman and twelve Assistants 338 PHILLIPOT'S DONATION. inhabitants of Newark aforesaid, and to their successors for ever, upon Contrition : That they the said Alderman and Assist- ants, their successors, and every one of them, shall yearly for ever use, order, rule and govern all and singular the said five poor men, and the said Messuages, Cottages, Lands, Tenements, Rents and Hereditaments, with their Ap- purtenances. And also shall yearly for ever dispose, employ, and bestow all and singular the Rents, Issues and Profits of all the said Messuages, Lands, Tenements, and other Pre- mises, to and for such uses, intents and pur- poses ; and in such manner, form and order, as I have hereafter, in this my present last Will and Testament, devised, willed, ordained and declared, that is to say, jpM$t, I will and declare, that the said Messuage and Chapel by me late erected, builded and set up in Cod- dington-lane aforesaid, within Newarke, with all and singular the Appurtenances shall from henceforth for ever continue and be an Alms- PHILLrPOTS DONATION. 339 HoasB for five poor men, there to have their ease, lodging and finding, as I have hereafter in these Presents willed and declared. Item, I Will that Robert Spicer, John Hart- late, -f" -f- -j- now being within the said Alms-house, of my nomination and putting in, shall there have their continual ease for and during their natural lives. And if all or any of them shall happen to die or decease, or from any notable crime or fault, shall be re- moved or evoided from the said Alms-house, during my said wife her life then I Will, and my mind is, that my said wife, during her natural life, shall from time to time nominate, and have the nomination and putting in of so many other poor men as shall and may suffice to supply the room or rooms of such of the said five poor men, as shall so happen to die, or be removed from the said Alms-house. 2filtb after the decease of my said w T ife, I Will that the Alderman of Newarke for that time being, by and with advice of his brethren the Assistants, of the twelve Coadjutors, of the 340 PHILLIPOT'S DONATION. Vicar of Newarke, for the time being, and of tivo other honest persons of the Commons of the said town, to be elected and chosen by the said Alderman and Assistants, and their Suc- cessors, shall from time to time for ever have the nomination, election, putting in and re- moving of the said Jive poor men into, and from the said Alms-house. And I will it that the said Alms-house shall at no time hereafter lack the said full and whole number oi five poor men by the space of one month together. RELIGIOUS DUTIES. &lj?0 I will and ordain, that every of the said^e poor men shall daily, within the Chapel of the said Alms-house, devoutly kneeling, say together with audible voices, three Paternosters, three Ave Marias, and one Creed in the honour of the most holy and blessed Trinity, three persons and one God, And after that forthwith shall also say with like audible voices, five Paternosters, five Ave Marias, and one Creed, in the worship PHILLIPOT'S DONATION. 341 and reverence of the five wounds of our Savi- our Jesus Christ, humbly praying and devout- ly beseeching Almighty God, by the merits of the dear passion of his Son, our blessed Saviour and Redeemer, to keep this Realm of England in prosperity and peace, to preserve the King's and Queen's Majesties, and the Successors of the said Queen, in his faith, fear and love, and to have mercy upon my soul, my wife's soul, and all christian souls. REQUISITES FOR ADMISSION. 3&tQtUi)Ctl always, and be it foreseen, that there be none admitted unto the rooms of the saidyfoe poor men, unto my said Alms-house, but such poor men as be very aged, impotent, blind or lame ; or such as be in no kind other- ways able to labour for their living. RECEIVERS. 3Uij$Q I will and ordain, that the two Cliamberlains of Newarke, for the time being, shall collect and gather up yearly, as well all the Rents and Revenues of all and singular the 342 PHlLLlPOT'S DONATION. aforesaid Lands, Messuages, Cottages, and all other the Premises appointed unto the said Alms-house, but also make such yearly pay- ments, and do such Charges, as hereafter I shall appoint to be paid and done ; as also to see that the Reparations he yearly done forever, both upon the said Alms-house, and also of all other Lands, Cottages and Tenements, ap- pertaining to the same. TO ACCOUNT YEARLY. ^JltCOt, I will that the said Chamberlains for the time being, the next morrow after that they do accompt for the Town's Lands of New- arke, shall make and bring in a just accompt within the said council chamber of the School- house, before the Alderman, his Brethren, and as many of the Coadjutors as will come, the Vicar of the same town, (if he be present within the town) and also before two wise and discreet Men of the Commoners of the same town, such as shall be elected and named, as well by me before my departure from this transitory world, during their lives, and also PHILLIPOT'S DONATION. 343 such as $t)atf be elected, nominated, and ap- pointed after my departure, by the ivhole of the Commoners of the same town yearly for ever, with the full consent of the Alderman for the time being, and the most part of his Brethren. &Q that the said two Commoners be neither of the twelve Assistants, nor neither of the twelve Coadjutors. And also being elect and chosen, I will that the said two Com- moners be made privy, yearly with the Alder- man and his Brethren for the time being for ever, of the yearly Accompts made by the said Chamberlain, as well of all the Receipts of the aforesaid Lands, Rents and Tenements, and other Hereditaments ; and of all other Lands and Tenements given by me to any use within the said town of Newarke aforesaid ; as pay- ments going out of the same ; and likewise to be made privy, and of Council of all such sums of money as shall be left and spared in the end of their said Accompts." SURPLUS. The surplus money arising from the Ae- compt to be put into a Chest in the Council- 344 PHILLIPOT'S DONATION. Chamber, with four Locks and Keys; the Alderman, the Vicar, and the two Common- ers, each keeping one Key. APPLICATION OF SURPLUS. s. d. 20 A year, to be paid quarterly, to each of of the said five poor men. 6 8 A year, for the purchase of black cloth, to make a gown or frock, for each of the said poor men, large and wide to keep them warm; the making also to be paid for. 26 8 Yearly to be laid out in Coal and Fire-wood, to be burned by the said five poor men, in the common hall of the said Alms-house. To be brought in free of carriage. 40 Yearly, by quarterly payments, Co. the Usher of the Grammar-school, for his extra trouble in teaching the Pettits, or minor Scholars. 20 Yearly to the Alderman, at the making up of his Accompt, for his trouble, 3 4 Yearly to the Vicar, if present. PHILLIPOT'S DONATION. 345 5. d . 13 4 Yearly to each of the two Commoners. 13 4 to be detained by the two Cham- berlains, for the payment of chief rent, and casual expenses. 3 4 Yearly to the Auditor. 6 8 (and no more) for an honest Breakfast* upon the accompt day. DISPOSAL OF THE RESIDUE. The money so remaining to be applied only to the uses of and maintenance and good repair * Without doubt Mr. Phillipot was a discreet and sober man, and well knew the adage, that "one hour in the morn- ing is worth two in the afternoon,'* Here are 1 Alderman, 12 Assistants, 12 Coadjutors, 2 Commoners, 2 Chamberlains and others, between 30 and 40 people, ordered to do busi- ness on a morning, over a paltry, limited, honest six and eight penny breakfast. Oh fie Mr. Phillipot ! Neverthe- less it may fairly be presumed, that whilst the honest break- fast continued, the houses continued in good repair; and that it was not till after " rumps and dozens" "haunches and saddles" with business doing dinners, came into vogue, that " the premises had become ruinous in the hands of the lessees," and the Mayor and Aldermen, as says a certain author, wisely determined to sell them. Oh what a luss to the town of Newark was the discontinuance of that Iwfcst bieak/)(\/ ' I 346 PHILLIPOT'S DONATION. of the said Alms-house, and of the other Lands and Tenements belonging to the same, when, and as often as need shall require. NEWARK ESTATES IN REMAINDER. (Yearly Value ^11 Us.) The Aldermen, three of his most sober and discreet brethren, the Vicar, and the two Commoners, directed, in one year from the death of the said Elizabeth Phillipot, to expend the sum of Five Pounds, part of the said rents, every year unto the world's end, in paving within the town of Newark, in the most need- ful Places and Stedes. The stones to be used for such paving not to be taken from Beacon- hill, but from Cod- dingtonjield. The surplus of £Q. 14s. directed to be applied towards the maintenance of the Alms- house, and reparation of the other premises.. And if there shall be any thing spared, them whatever is so spared, it shall be taken and PHILLIPOT'S DONATION. 347 employed towards the fifteenth and tenths, or other like charges of the said toivn, as the most need shall require. The Meadow at Holme to be laid to the Manor-house at North Muskham, and the yearly rent applied to the use of the Alms- house and other premises. Mr. Phillipot, died soon after the making of his Will, and was buried at Newark in the same aisle as Mr. Brown. DECREE, Jan. 13, 1738. His Lordship by a Decree consisting of Twenty Articles, confirmed the Will of William Phillipot, against the Corporation, with full costs of suit. The Decree was comprehended under 20 Articles ; an Abridgment of which is as follows. Art. 1. Alms-men to be chosen by the Mayor and Aldermen, 12 Persons, in lieu of z2 348 PHlLLtPOT'S DONATION. the 12 Coadjutors, the Vicar and two Com- moners. Art. 2. A Reader to be chosen, from the Alms-men, and if not any of them are capable of performing that Office, then some poor man of Newark to be chosen. Art. 3* Notice of the choice of Alms-men or Reader, to be given the first Sunday after the vacancy, and the choice to be made on the Friday following in the body of the Church. Art. 4. Choice of the 12 persons, who must be skilful and honest men, paying to the Church and poor of Newark, in lieu of the 12 Coadjutors mentioned in the Will, to be made by the Mayor and Aldermen, in the body of the Church. In case of vacancy by death, removal, or leaving the town, four days' notice, at least, must be given, on a Sunday , as to replacing the same. Art. 5. The Mayor and Aldermen to elect two Commoners out of four, to be nominated by the town, as assistants in the management of the charity; this appointment to be during life, instead of annually as heretofore. PHILLIPOT'S DONATION. 349 Art. 6. No Fines to be taken on any Leases granted of the said Estates. No Leases nor any part of the Estate to let, without the consent of the Mayor and Aldermen. Ten days' notice to be given on a Sunday, of such letting*. Art. 7. Estate to be let in the body of the Church, to the best bidder 3 provided the Mayor and Aldermen approve the security for payment of rent. Art. 8. In the report, to be entirely omit- ted. Art. 9. The sum of £0 to be ordered yearly on Easter Tuesday by the Mayor, three senior Aldermen, the Vicar, and two Com- moners ; or if they neglect to attend, to be applied by the Surveyors of the Highways, for paving the streets. Art. 10. The Chamberlains to pay as after mentioned, until the leases now subsisting shall expire. Art. 11. Is. 6d. weekly, on a Saturday to each Alms-man. 6d. weekly, on a Saturday to the Reader. Art. 12. 20s. annually on Christmas-day, 350 PHILLIPOT'S DONATION. to be expended in the purchase of a black gown and other apparel to each Bead-man. Art, 13. 40s. annually, between Midsum- mer and Michaelmas to be expended in Coal for the use of the Bead-men. Art. 14. 20s. annually to the Mayor on Michaelmas-day (Sep. 29). 40s. annually to the Usher of the Grammar School. 3s. 4d. annually to the Vicar, if present at the passing the accompts. 6s. 8d. annually to each of the two Commoners. Art. 15. 13s. 4d. annually to be retained by the Chamberlains. 6s. 8d. annually for a breakfast* upon the accompt day. Art. 16. £ 5. annually on Easter Tuesday to the Surveyors of the Highways for paving. Art. 17. The Chamberlains, after a week's notice to put the surplus, in the presence of the Mayor, Vicar and senior Church-wardens into an Iron Chest. * It is not unworthy of remark that the words " no more" and "hones?* are omitted in the Decree. Mr. Phillipot was a Merchant, Chancellor Yorke a Lwd \ PHILLIPOT'S DONATION. 351 Art. 18. The said Iron Chest to have four Locks and four Keys. Art. 19. To be wholly omitted. Art. 20. The Chamberlains to account on the 8th of January, yearly, before the Mayor, Aldermen, Vicar, two Commoners and the twelve persons chosen in lieu of the Coadjutors. The present skilful and honest men in authority, are Mr. James Thorp, Wharfinger, — James Wilson, Gent, — Thomas Wilson, Brazier. — William Caparn, Malster. — Samuel Ridge, Bookseller. — John Hole, Draper. — Robert Hilton, Merchant. — John Lawton, Innholder. — Thomas Becket, Draper, — Walter Hare, Maltster. — Isaac Barber, Gunsmith. Vacant — (Edward Salmon, Miller, deceased.) The present, two tvise and discreet men, acting as Commoners, are Mr. John Wilkinson, Saddler. — William Smith, Confectioner. 352 PHILLIPOT'S DONATION. His Lordship also made a further ORDER as to the Augmentation and Increase of the said Phillipot's Charity. Art. 1. Surplus to be kept for rebuilding, enlarging and further endowing the Alms- house. Art. 2. Improvement in the Rents to be disposed of as follows, viz. — to be laid up until the same, with the surplus, amount to ^250. for rebuilding and enlarging the Alms- house to contain 15 poor persons. The build- ing to be directed by the Mayor and Aldermen and two Commoners. Art. 3. Notice to be given of meeting to direct the rebuilding and enlarging the Alms- house. Art. 4. •— parts to be applied to increase each Alms or Beads-man's salary to ^6. Art. 5. -- parts to be applied to increase 1 jJ the Usher's salary to ^20. Town Clerk to be Auditor of the accompts, and his salary to be increased from 3s. 4d. to 20s. PHILLIPOTS DONATION. 35o Art. G. Ten poor persons to be added and to be allowed yearly as the others. Art. 7 Fi ye of the additional persons to be poor old women, to live separate in the said Alms-house from the said poor men, and for preventing any improper and irregular inter- course between them* Art. 8. The Chamberlain's salary to be increased to £ 4. A meeting on the 2nd of January, yearly, by the Mayor and Aldermen and two Com- moners for disposing of the surplus, as is most agreeable to Phillipot's intent for the common good of the town. ORIGIN OF THE SUIT IN CHANCERY, In the preface to a pamphlet published in the year 1768, entitled, " A Discourse addressed to the Inhabitants of Newark against the misapplication of Public Charities, By the Reverend Bernard Wilson, D. D. Vicar of Newark, and Prebendary of Worcester." The Writer makes the following statement. * Vide. Requisites for Admission. 354 PHILLIPOTS DONATION. " I have been strongly and frequently solicited by the Inhabitants of Newark to preach a Sermon against the misapplication of the Public Charities, which have been left to this Town ; but being incapacitated by an ill state of health from complying with their requests, I persuaded myself, that I should answer their charitable designs more effectual- ly by a plain discourse from the Press, than by the most elaborate one from the Pulpit, which might make a short impression upon the auditors, and help to furnish out a little conversation for a day or two, and then (con- formably to the fate, which I fear too often attends upon the most important Truths delivered in that place) might become in a short time, either obliterated by dissipation, or overwhelmed by self-interest. But a Discourse in Print will always be ready for their perusal and attention, whenever they are most disposed, or have the most occasion to turn to it ; and particularly at those appointed times, when the Trustees of the several Charity estates are directed by the Decrees and by the Benefactors fco apply the Rents to such and such Purposes \ PHILLIPOT'S DONATION. 355 and in case of any misapplication, they may with all decent expostulations be publicly reminded of their Duties, which many of them are bound by their Oaths to discharge with all Fidelity." " I must own, that the said Inhabitants in their applications to me on so important an occasion, might well expect to find me zealously inclined to come into their proposal, as I had been, through the Providence of God, a most happy instrument above Thirty Years ago in making a full a clear Discovery of three very considerable Charity Estates, which had been left by Messrs. Magnus and Broivn, in the Reign of Henry VIIL, and by Mr. Phil- lipot in that of Philip and Mary, towards the Repairs of the Church of Newark (which has all the spaciousness and grandeur of a Cathedral) towards mending the High-ways in the Streets, towards the Maintenance of an Alms-house, and other good Works for the Common Good and Weal of the said Town ; but all the Rents of the said Estates, which now (1768) amount to upwards of seven him- 856 PHILLIPOTS DONATION. dred pounds a year, by some means or other, accidentally or artfully, I cannot say, had got into the hands of the then Mayor and Aldermen of Newark, who applied them as their own lawful Properties, in support of their own dignity, in sumptuous entertainments, and other purposes, according to their own will and pleasure. But I had no sooner discovered the rights of the Parish to the said three Estates, than I laid before the said Mayor und Aldermen, the copies of the Indenture of Mr. Magnus, and the two Wills of Messrs. Brown and Phillipot, which they had hid in a chest in their own eustody, amidst a vast heap of use- less papers ; and being unwilling to come to an open rupture with them, I entreated them for a whole year together to deliver up the Rents of the said Estates to the Trustees directed by the said Benefactors, for the common good of the Town ; but they could not be prevailed upon to part with their beloved power and treasure : whereupon I thought it incumbent upon me to join with a number of very worthy Inhabi- tants in bringing the Cause into Chancery, which was heard before the Right Honorable PHILLIPOT'8 DONATION. 357 Lord Talbot, at that time Lord High Chancel- lor, a personage distinguished by his noble spirit, unbiassed integrity, and quick appre- hension ; who examined me very closely upon several points in open Court, and having put other questions of importance to the Counsel on both sides, in less than six hours decreed the validity of Mr. Magnus' Indenture, and the Wills of Messrs. Brown and Phillipot, in fa- vour of the Parish of Newark against the said Corporation, with full Costs of Suit. This De- cree was afterwards confirmed, and several very useful Regulations added to it by his suc- cessor the Earl of Hardwicke, who was re- markable for his calmness of temper, his exact judgment, and the singular pains which he took to determine all Causes, which were brought before him, with the strictest equity and impartiality." "The very sincere regard, which I shall al- ways preserve for the welfare of the Inhabit- ants of Newark, has induced me to lay open in the fullest manner, the re-establishment of their just Rights to the said Three Estates: 358 PHILLIPOTS DONATION. And in this work I engaged the more readily ^ that, if ever it shall appear, that the said Wills and Decrees are violated, the Parishioners may find a certain remedy by an application to the Court of Chancery, which will take the pro- perest measures to correct such insults and abuses, especially as they are the more auda- cious and the more criminal, when committed in contempt of the above-mentioned Decrees, grounded upon the clearest intentions of the Benefactors." The Reverend Author, at the close of his particularization of Mr. Phillipot's Charity, makes the following remarks. " Here it may be necessary to set forth, what was the Intent of Mr. Phillipot, and what Adjudged to be the most conducive to the Common Good, which I shall explain to you from the words of his own Will. " If there shall be any thing spared, I Will, that the said Money so spared and left, shall be employed and taken towards the Tenths and Fifteenths, or other like Charges of the said Town, as the most need shall require" " By the words Tenths and Fifteenths used in PHILLIPOT'S DONATION. 359 former days, we are either to understand the Tenth and Fifteenth part of the value, which had been anciently fixed upon any City, Hun- dred, Town and Village, or, as others appre- hend, the Tenths and Fifteenths of every man's personal Estate, according to a reasonable valuation : But in what sense soever we take the words, the plain meaning of Mr. Phillipot seems to be this ; that the Taxes, Assessments, and other like Charges * with which the Town of Newark may be burthened, should, by the application of his Rents be lessened or taken off, especially in those Articles, where the Load lies the heaviest on the Inhabitants ; or, in his own w r ords, " as the most need shall require." The Drift of this publication seems to have been a prevention of the Sales of Brown's and Phillipot's Estates, which, about this time began to be agitated. Evident it is, the in- tentions of the Testator's were not so ; but the wisdom of a British Parliament decreed other- tvise. * It is proper the Reader should bear in mind, the Poor'? Rates could not be under Mr. Phillipot's contemplation in the above, as not any such Assessment was made till many years afterwards. 360 PHILLIPOT'S DONATION. PRESENT STATE OF THE BEAD-HOUSE. Not any of the original building remains, excepting the Chapel, which is substantially pewed and sufficiently commodious for the number of its attendants. A thorough repair seems to have taken place about 60 years since, by an inscription at the upper end, Joseph Sikes, Mayor* Mr. Edward Smith, Mr. Thomas Haslam, Mr. John Clough, Mr. John Twentyman, Rev. Bernard Wilson, D. D Mr. William Wells, Aldermen, 1757. Mr. Timothy Rastall, Mr. Robert Spragging, Mr. Thomas Milnes, Mr. William Handler, Mr. John Smith, The Lord's Prayer, the Creed, and the ten Commandments, are inscribed on the walls : as also the following account of a benefactor. Mr. THOMAS SUMMERS, Who died August the seventh, 1708, in the 57th year of his age, leaving to the poor of this corporation, five hundred pounds, to be paid after the decease of his mother, accord- ing to his Will, out of his lands at Carlton upon Trent, to five Beadmen five shillings per week, and the other part re- maining to he given to the use of the other poor of the said corporation, upon Candlemas in every year for ever. PHILLIPOTS DONATION. 361 The habitations, with the Chapel, enclose a quadrangular yard, which is kept in very neat condition. Over the central entrance, on stone tablets is cut, This Alms house was founded and endowed by William Phil- lipot, Merchant, and Alderman of this town, in his life-time, in the year 1556, for five poor men, and was afterwards re- built and further endowed by an increase of the rents of the said Mr. Phillipot's estate, for five additional poor men, and rive poor women, in the year 1756. GEORGE LAWRENCE, An Alderman of this Borough, by his Will dated 5th Decem- ber, 1797, bequeathed one thousand pounds to the Mayor and Aldermen, to be laid out in Government security, for the benefit of this charity. In front of the left wing. This Alms-house was enlarged and further endowed by an increase of rents of Mr. Phillpot's estate for five additional poor women, in the year 1783. Attendance in the Chapel every day in the week, excepting Wednesday. Present Reader, .... John Winne. A A 362 PHILLIPOT'S DONATION. Allowance to the five Senior Beads-men 5 shillings each, weekly. To the Juniors and Women 3 shillings each, weekly. A few years since the outside of the Chapel was coated with stucco. Rental, Valuation, &c. &c. ofrliament Names of Occupiers and Premises, Mr. Edward Cole, for a House and Tenements Elizabeth Wright, for a Stable, - John Farlby, for a House and Tenements, -Hall). Widow Page, for a House, - .upier, Mr. Couzins, for a piece of Ground, Widow Girton, for a Tenement, - John Wilkinson, for a Tenement, Mr. Alderman Handley, for a Tenement, Ditto, for a piece of Ground, Miss Broadhurst, for a House, Ditto, for two Tenements, - Ditto, for a piece of Ground, The Rev. M. Tomlinson, for a House, Mr. Richard Eastland, for a Garden, - Joseph Smaller, for a Close in the Matthew Hudson, for a Close near . A Tenement used as a Gaol for the said Borou ; of Parliament^ passed in the Year 1773* iv tiers and Occupiers. 1819. iandley, Esq. Mr. .!• A. Jackson. Mlckhill, Mr. Brickhill, (Boar's Head). Efarker, Esq. W. Parker, Esq. M^hley, Esq. Mr Clover. Stttlfrey, Esq. Douse, Porter, & Burton. E^ nsdale, Bamsdale and two others. Mpdlebrookc, Mr. Peart and others. &is, Mr. Evison, (Duke of Wellington). Wsinson Corden, Mr. Robinson Corden, Mtthew Ha^e, Mr. Matthew Hage. W Barber and others. M w kwe!l, M { New castle, John Matlock and others. Mklinson's Execu Mr flaywood. Tluthrie, Mr. Huddleston and Mrs. Manners. Mjomas Derry, Mr. Thomas Derry. Jp)3> Brooke, Mr. rt'illiarn Thompson. jguBranston, Mr. J. Branston. Woadhurst, and Mr. T. A. Jackson, Owners & Occupiers.. EJradJey, Mr Page. Ridson, Rlstali, Jc M JC) & Kare, Mr. Wells and Mr. Cooke. Jc RiNall, Several Tenements. Mferrewest, Esq. Mr. Hunt, (Marquis of Granby). kild, Blundell, & Knap ton, Owners and Occupiers. Mbf Newcastle, Mr. Gask. Hf id diet on, Mr. J. A. Jackson. Lof Newcastle, Mr. Robert Peet. M Mof Newcastle, Miss House, Mr. Slater, & Mr. Chapman. Mfcodfrej , Ei q. Bell and others. M l a renements. Mc.»f N\ wcastle, J, Parnham and oth E: M Rental, Valuation, &c. , of Mr. PHILLIPOTT'S Estates in Newark, proposed to be sold by an Act of Parliament passed in the Year 1773. Names of Occupiers and Premises. Situation. Annual Rent. Val. Mr. Edward Cole, for a House and Tenements, - - Market place, 2ti 5 Elizabeth Wright, for a Stable, - - Middlegat'e,.. . :s 0. John Parlby, for a House and Tenements, - Market place, .. 5 10 Widow Page, for a House, - - Baldcrtongate . 7 0. Mr. Couzins, for a piece of Ground, - Ditto, . 1 Widow Girton. for a Tenement, - - Barnbygate,. .. 1 6. John Wilkinson, for a Tenement, - Ditto, . Mr. Alderman Haudley, for a Tenement, - Ditto, . 3 10. Ditto, for a piece of Ground, - Northgate, . . . 7. Miss Broadhurst, for a House, - Castlegate, . . 500 0. Ditto, for two Tenements, - - Middlegate, . . Ditto, for a piece of Ground, .10 5 The Rev. M. Tomlinson, for a House, - Ditto Mr. Richard Eastland, for a Garden, - - Ditto, 10. Joseph Smalley, for a Close in the - Lower Toney, .. 10. Matthew Hudson, for a Close near . - Liucnln Line, . .. 3 11. X Tenement used as a Gaol for the said Boro ugh, Dry Bridge, . . ..0 0. Purcltase. Owners £■ W. HUtou, Esq. nd Occupiers, 1819. Mr. Thomas Rumley. Corporation, Messrs. Moor & Betts, (Town Hall). .460 Mr. W. Smith, (Old King's Head) owner & occupio, Mr. James Wilson, Owner and Occupier, . 68 Mr. Abraham, Mr. Tenney. Ditto, Miss Watson. .170 Mr. Clay, W. F.Handley, Esq. Owner and Occupier. S. Sketchley, Esq, Owner and Occupier. Ditto, Ditto, Ditto Ditto, Ditto, Ditto Ditto, Ditto, Ditto Corporation, Part of Town Hall. Duke of Newcastle, Mr. Isaac Barber. Sir Jeuison Gorden, Mr. Matthew Hudson. Duke of Newcastle, Mr. James Barber, (Shop) Rental, Valuation, &c. &e. oi Mr. BROWN's Estate in Newark, proposed to be Navies of Occupiers < Mrs. Brecknock, Executors of the I Mr. Alderman Mi Stephen Bradshat ExClOt House and Yard, - Esq. for House and Garden, ■ ■ and Garden Mr. Guthrie, for House aud Garden, - v. fid, m I ickett, for Huose, &c. Mr. WiIIkuii A-l'iiKill. for ilnu c an, I Gaul,',,, Mr. Wdliani Parry, for House and Yard, - Ejeeulors of the late George Toinliuson, for 3 Tenements, Garden, &C. Mr. AHemia,, Spragging, for Land adjoining his House, - Thomas Taylor, for two Tenements, fitc. - Mr. Thomas Toder, for three Tenements, outhouses and Yard, John Derrv, for a House and Paddock, - Rev. J. Ridghill, for Land in Executors of the late George Tomlinson, Esq. for Ground Rent of a House, Interest of Money for building the said House, - Elizabeth Herring, for a Piece of Ground, - Richard Herring, for a House, fitc. .... Robert Milliugton, for two Tenements, John Stephenson, for a House and Yard, - Mr. Hoyes, for Land in ... John Stephenson, for three Tenements and a Garden, Joseph i irtvkwell, for a House, ore. - : Kiliingley'j, - Exec, for a Ho Barnbyga Bailor,.':,,, Ditto, ... Mr. Crarroft, for a Land in ...... L„r,l Miiloluton, for a Laud in - Mr. Alderman ftastall, for a Stable, &c. ..... Mr. Alderniati Hanilley, for a House, fitc Mr. John Marshall, for a Stable and Yard, - Mr. Thomas Hardy, for a House and Yard, .... Mr. Johu Marshall, (lnnholder) for four Tenements and Garden, Executors of the late James Tomlinson, for four Teuemeuts, Barn fit Garden, Mr. Joba Lacy, for a House, -...«.-.. sold by Act of Parliament, passed in the Year 1773, Purchase. Owners and Occupiers. 1819. . .460 W. V. Kandley, Esq. Mr. J- A. Jackson. Mr Brfckhill, Mr. Brit khill, (Boar's Head). Win. Parker, Esq, W. Parker, Esq. . .:'..;:, S. SUetchlcy, Esq. Mr Clover. . ■oil P.. s. Godfrey, E.q. Douse, Porter, fit Burton. ...HI Mr. Itarusiiale, Barnsdale and two others. ..120 Mr. Kili., Mr. Evisou, (Duke of Wellington). Mr.Rol.iiiM.n ( onion, Mr. I;,,l,n,;„n Corden. Mr. Malihew Hage, Mr. Matthew Hage. Barber and others. Mr. Cttwl well, Duke ,,f Mewi astle, John Matlock and others. . . 35 Mr. Wright, ..;u.-> Mrs. Guthrie, Mi Huddleaton sndMrs. Manners. ..ill) Mr. Hi,, ui is Hens Mr. Thomas Deny. Bev. Jos, Brooke, Mr. ivilliam Thompson. '■ j Mr. J. Ilrauston, Mr. J. Branston. .. oj Mr. l.r„a of our dreary months of November and December, it is a complete burlesque on rationality. A very few seasons stamped the idea with absurdity, and the fo- reign title being, to the generality of people, equally difficult to remember or pronounce, they hit upon a more apt term to designate it by, and very properly, though perhaps some- what coarsely , dubbed it a Snow-trap. The Sub-Loggia, originally proposed to be used as a Corn-market, and also the Sub-hall as a Butter-market, are well paved, and now rendered sufficiently light, it is divided into colonades by columns of the compound Tuscan order, the ceiling is divided into rather small square compartments, which by encreasing the THE TOWN-HALL. 369 firmness of the superincumbent floor, already under the influence of its massive supporters, entirely destroys its elasticity; the " light fan- tastic toe" in vain pants for reciprocity, and the old proverb " strength will be served/' is here exemplified in the most capacious sense of the word. A handsome geometrical staircase of stonc ; leads to the ASSEMBLY ROOM. Which is 80 feet long, 30 feet wide, and 30 feet in height. Its most glaring deficiency has been already described. Both the ends are circular, and finished domically in the ceiling part. A screen of Corinthian fluted columns at each chord, reduce the body of the room into an oblong of 50 feet by 30. In the centre of each side, is a handsome chimney piece of Italian marble. Surmounting that on the north east, upon the sole of the window, is placed a highly finished bust of his present Majesty, presented to the Corporation in the 370 THE TOWN-HALL. year 1818, by his Grace the Duke of New- castle. The room is extremely well lighted by six lofty circular headed windows in the sides, and one at the upper end. There are also three superb lustres dependent from the ceiling. In the piers between the windows, and likewise at intervals in the bow ends, are double pilas- ters, corresponding with the columns before described. In many parts of the ceiling, which has a six feet quadrant cove, much taste is displayed, especially in the centre and spandrils, but the efficacy of elegance from that point is materially weakened, by the clumsy paneling in its vicinity, plenty of specimens of which may be selected from wainscoting of the sixteenth century. The western end is fitted up as a Court of Justice, where the Borough Sessions are holden twice in each year. The body of the room is appropriated to select Assemblies of the principal inhabitants of the town and neighbourhood. THE TOWN-HALL. 371 Fronting the Market-place is a truly sym- metrical apartment, stiled the Committee Room; its length is 35 feet, breadth 20 feet 8 inches, and height 16 feet ; from the centre of the ceiling depends an elegant lustre. Here the municipality hold their judicial consultations, and on festive occasions it is dedi- cated to cards and tea. The body corporate have condescendingly granted, pro tempore, the use of this room for the occasional recreations of their respectable neighbours in Music, &c. In an old chest are preserved many detach- ed pieces of ancient armour, probably, once worn by the brave defenders of the town; if so, it is much to be regretted they were not labeled. The following Artisans were employed in erecting and finishing the Town-Hall and its adjacent wings. Architect, John Carr, Esq. York. Superintendant, .... Mr, WiUiam Matthews, Newark. Mason, Mr. < Mew, Mansfield. 372 THE TOWN-HALL. Bricklayer, Mr. Matthew Palmer Sheppard, Newark , Carpenter & Joiner, Mr. Baker, Retford. Slater, , . . . Mr. William Lewis, Nottingham. Plasterer, .. Mr. Moses Kilmister, Derby. Carvers / ^ r ' ^eoige Barrett, Newark. <- Mr. Thickstone, Doncaster, Plumber & Glazier, (Hall) Mr. Joseph Smalley, Newark. Ditto, (the Wings){ Mr - Samwd Watsm > Newark - v. Mr. James Holmes, ditto. Painter, • Mr. John Smith, Newark. Upwards of £ 17,000 are said to have been expended in the erection and completion of these edifices, THE SHAMBLES. Adjoining to the western side of the Town- Hall, and communicating therewith, are the Shambles, whose extent is bounded by Mid- dlegate. Their situation is perfectly adapted to the purpose, and much ingenuity was dis- played in attention to convenience and cleanli- ness ; nevertheless, when finished, the butchers refused to occupy them. Whether it were sheer obstinacy in the Knights of the Steel, or the discovery of a loop-hole in the statute is not of material consequence ; mandate after man- THE TOWN-HALL. 373 elate were repeatedly slighted, and at times, disobedience was tagged with that sting of facetious acumen so peculiar to the knife. Twenty long years the desultory warfare continued, the butchers, like their cavalier ancestors, would not budge one foot, nor, un- til the potent auxiliaries of King, Lords and Commons, in British Parliament assembled, were brought to bear upon them, could they be dislodged from the Market-place : an Act of Parliament being passed for that and some other purposes in the year 1798. Scarcely had the removal taken place, when, by the rapid influx of butchers from the country, the Shambles were found insufficient in point of number; the Sub-hall was, there- fore appropriated to the use of moveable stalls, as it now continues. THE DISPENSARY, Works of magnificence may arrest atten- tion, a display of elegance captivates genius; 374 THE TOWN-HALL. but institutions of benevolence H warm the heart, and soften it to receive the fairest im- pressions/' At the commencement of the year 1813, a subscription was set on foot by the Mayor, Corporation, and several of the principal In- habitants, in order to establish a Dispen- sary for the relief of the sick poor, resident in Newark, which readily met with the concur- rence of the gentlemen of the faculty. Two rooms belonging to the Town Hall, at the west end of the sub-hall being found suitable for the purpose, a sufficient sum was soon raised to carry the design into effect. The charity was placed under the direction of governors, consisting of the Mayor, first senior Alderman, Vicar, four Church-wardens, the Physician, and Surgeons, (except during the times of their attendance) as permanent members, and of thirteen other gentlemen, to be annually chosen by the subscribers at large. The subscribers of two Guineas each and upwards, are entitled to six, and subscribers THE TOWN-HALL. 375 of one Guinea to three tickets per annum, each ticket to admit one patient on the Book for two months, with power to the Surgeon to renew it, exclusive of the right of recommen- dation in cases of midwifery and vaccine ino- culation. In midwifery, a recommendation of five subscribers is required to shew that the applicants are proper objects of the charity; and persons applying for vaccine inoculation, must bring a written note of recommendation from some one of the subscribers. The medi- cal gentlemen resident in the town, attend in rotation at the Dispensary every Tuesday, Thursday, and Saturday mornings at nine, for which an allowance of sixty pounds per annum is made in lieu of a resident Dispenser of the medicines. Persons unable to attend at the Dispensary, are visited at their own houses on sending their recommendation to the Surgeon in attendance, before nine in the morning. Accidents requiring immediate assistance, are admitted without the form of a recommenda- tion, providing the patients are proper objects. The utility of this praise-worthy Institution 376 THE TOWN-HALL. is experienced daily by the poor and labouring classes, and blessings are deservedly bestowed on the promoters, by all who are so unfortu- nate as to require its assistance. In order to extend the benefits more largely, a sum of money from the Estates of Mr. Magnus, left for the good weal of the town, has been annu- ally applied. It appears from the Register of the Patients kept at the Dispensary, that the number admitted has been admitted. 1st Year, ending February, 1814, 278 2nd, 1815, 275 3rd, 1816, ...,,.. 420 4th, 1817, . 260 5th, 1818, i 340 Total 1573 In this number are included, two hundred and sixteen poor married women, who have been attended in midwifery at their own homes, 377 CHARITABLE DONATIONS. The Mayor and Aldermen being called upon to answer in the Court of Chancery, touching other Estates bequeathed for divers purposes, to the said Town, on the 23th of May, 1733, they put in the following affidavits. SIR JOHN LONDE. (1553.) That Sir John Londe, Clerk, did, in the sixth year of King Edward the sixth, by Deed or Will, give unto the Alderman and Assistants of Neivark, and their Successors, two Tenements with the Appurtenances in Milne Gate, of 20 shillings a year, and j£20. in gold, for the use of the said Town : And apprehend the said two Tenements were given to the sole use of the said Alderman and As- sistants. * B 3/8 CHARITABLE DONATIONS. ANTHONY FOSTER. (1558.) The Mayor and Aldermen by their answer, ^flp. They believe that Anthony Foster by his Will, dated February 23, 1 Queen Eliz. devised all his lands in Meryn Close in New- ark, to the then Alderman and Assistants, and their successors, upon trust, to apply the Rents thereof for the assistance of such poor persons as should be visited with the plague, which said Rents the defendant's predecessors, in their corporate capacity, have as often as need required, expended for such uses, and they, in their corporate capacity, are willing to lay out the same, when any such affliction shall happen. WILLIAM BETHELL, (1612.) J^ap, That William Bethell, by indenture dated the 23rd of October, in the ninth year of king James, gave Ten Pounds to the Al- derman and Assistants, to be paid at interest; and out of the interest thereof, six shillings CHARITABLE DONATIONS. 3J9 and eight pence yearly to be paid to the Vicar of the said town, for preaching a sermon once a year, and thirteen shillings and four-pence to be distributed yearly amongst the poor of the said town; and that they have constantly paid thirteen and four-pence yearly to the poor, and ^1. 65. 8d. to the Vicar for preaching a sermon on the Epiphany, and apprehend that the said 6s. 8d. mentioned in this charity is included in the ^1. 6s. 8d. and that money being ten pounds per cent per annum, when this charity was founded, they have paid the like interest ever since; but submit, whether they ought for the future, to pay more than legal interest, and in what pro- portion the said Vicar and Poor ought to make iin abatement of the said charity. CHAPMAN, (16 James I.) £ap, That in the year 1619. Chapman by his Will gave to the Alderman and Assist- ants, and the Vicar of Newark, and their successors, one House in dppleton-gate, upon Trust, that two Bays of Stone Building next B B 2 380 CHARITABLE DONATIONS. the Church-yard, being part of the said House, should be repaired out of the Rents arising from other part of the said House ; and after the said two Bays were repaired and divided into convenient Rooms, four poor Widows should be placed therein, and the Rents, after such repairs from other part of said House, should be paid towards their Maintenance : And #ap> That the Rents of the said House were not sufficient to keep the said two Bays, and the rest of the said House in repair ; and that about fifteen years ago the same became wholly ruinous, and rather than sink the said Charity by rebuilding, they have, since the decay there- of, placed four poor Widows in other Houses belonging to the said Mayor and Aldermen in their corporate capacity, and have always paid, weekly, to two of the said poor Widows six- pence a piece, being more than the annual Rents of the said decayed Houses ; and that they have since rebuilt a House on the ground, where the said decayed premises stood, which has cost them above two hundred pounds. CHARITABLE DONATIONS. 381 JOHN LILLY. (20 James I.) d&ap, That John Lilly by Indenture of Feoffment, dated 19th of December, 1623, enfeoffed Robert Outram and Lancelot Thomp- son in a messuage called Bathley Grange, in Bathley, in trust for the said Alderman and Assistants and their successors, to be disposed of amongst the poor children working in the Jersey School, and in default of such school to be applied towards the relief of the poor of the said town; and that the said rents are dis- posed of accordingly, either amongst the poor children in the said school, or poor in the said, town. HERCULES CLAY.* (1661.) £ap, That Hercules Clay by his Will dated the 1 1th of December, 1644, gave to the * The author of the modem history of Newark, stiles Hercules Clay " the miraculous dreamer!" speaking, it is much to be feared contemptuously. Harassed and dis- tressed in mind as Clay must, from his situation, have been, 382 CHARITABLE DONATIONS. Mayor and Aldermen, one hundred pounds, to be placed at interest by the Vicar's consent, for the said Vicar's benefit, to preach a sermon on the 11th of March; and gave one hundred pounds, to be out at interest by the said Mayor and Aldermen, for the benefit of the Poor of the said Town, to be paid yearly on the said 1 1th of March, which has been constantly paid, and till of late at the rate of six pounds per cent. for some time, the dream in itself, and even its recurrence is not much to be wondered at ; but why might not an honest industrious tradesman of Newark, be warned by God in a dream ? There is not the least evidence that Hercules Clay was not as deserving an object of Divine in- terposition, to the full, as many who are on record. We are taught to believe that the eye of Providence over- looks us — that the hand of Providence guides us ; and yet sneered at, if we acknowledge that hand to have been particularly extended to ward off impending danger. Monstrous absurdity, generated between Ignorance and Envy ! Talk of an Omnipotent God— and limit his power ! Check the rising divinity that stirs within us, merely because its avowal is unfashionable! Let the appeal lie to any unprejudiced man, and he will confess, if he dare, that he has oft felt the uninvited admonition of presentiment ; but that too, is become a ridiculous term, " We think our fathers fools, so wise we grow. Our wiser sons, no doubt, will think us so." CHARITABLE DONATIONS. 383 JOHN JOHNSON, (2 Protector.) d&flp, That John Johnson by his Will, dated the 22nd of October, 1655, gave a rent- charge of Five Pounds per Annum, for the use of fifty of the poorest and most ancient widows and widowers of Newark, to be paid yearly to the Mayor or Church-wardens on the 20th of December, and distributed the day after. And gave four cottages in Parish-Lane,* in New- ark, to be for ever enjoyed by four old widows, to be therein placed in succession by the ap- pointment of the said Mayor and Aldermen; and willed, that John Johnson, his Heirs and Assigns, should for ever after, out of certain Lands devised to him by the said Will, uphold and repair the said four Cottages ; and gave forty pounds to be bestowed in Plate for the public use and credit of the said Corporation ; and fifty pounds, the interest whereof was yearly to be employed towards the most neces- sary repairs of the Church Windows; and that although they cannot find the Lands mentioned ♦ Now called Guildhall Street. 384 CHARITABLE DONATIONS. in the said Will, to repair the said four Cotta- ges, yet they have for several years repaired the same out of the profits of the Corporation Estates. WILLIAM WATSON and EMMA his wife, (4 Protector.) ^9p> That William Watson and Emma his wife, by Indenture, dated the 21st of May 1657, granted a rent-charge of Twenty shil- lings per annum, to the said Mayor and Alder- men, and their successors, for the Vicar to preach a Sermon on the 25th of December, which the Vicar has always received of the owner of the said Estate. JOHN MARTIN, (3 C. II.) t, That John Martin, by Deed or Will bearing date the 14th of March, 1663, gave the use of Fifty Pounds to be paid to the said Mayor and Aldermen, to be laid out in Coal, and distributed by them yearly at Christmas and for many years they have added Fifty Shillings thereto. CHARITABLE DONATIONS. 385 EMMA WATSON. (15 C. II.) j§ap> That Emma Watson by her Will, dated the 8th of December 1675, gave to the Mayor and Aldermen Fifty Pounds, to be put out at interest, to be disposed of in buying Coal or Corn for the poor people, at their discretion, which they have yearly laid out at the rate of six pounds per cent. RICHARD LAMB. £ap, That Richard Lamb by his Will, gave the poor Twenty-five Shillings per an- num, to be paid to the Mayor, Churchwardens and Overseers on the 20th of December to be distributed in Coal amongst the housekeepers, and which they have yearly received and paid accordingly. ANTHONY COLLINGWOOD. (18 C. II.) That Anthony Collingwood by his Will, dated the 8th of March, 1678, devised unto the said Mayor and Aldermen, his Land- 386 CHARITABLE DONATIONS, at Farndon and Allington, in Trust for the said Vicar, to maintain Prayers in the Church twice every day ; and gave his House in Stod- man-street to the said Mayor and Aldermen, for ever y for the use of the Corporation, [Here says the Author, Dr. Wilson, the Writer of the Extract^ or the Corporation, were mistaken, for according to the account which I had fromY ork, the said House in Stodman-street, was only given in Trust to the Mayor and Aldermen for the use of the Poor] and his House in Carter- gate to the said Mayor and Aldermen to sup- port the Fabrick of the Church ; and Say they have always applied the Rents of the Lands to the Charities founded by the said Wftli J '< NICHOLAS, EARL OF SCARSDALE. (19 C. II.) 4&8{I» That Nicholas, Earl of Scarsdale, by Indenture, dated 26th of August, 1679, in confirmation of his Grandfather's Gift, granted to the Alderman and Assistants £\0 per annual for ever, in Trust to be paid to the Vicar, for preaching two Sermons yearly on the Feast days of St. Thomas and Good Friday, CHARITABLE DONATIONS. 387 which, they say, the Vicar has constantly re- ceived. HENRY STONES, (3 James II.) £ap, That Henry Stones by his Will, dated the 6th of July, 1688, gave to several Trustees, Fourteen Hundred Pounds to be laid out in Lands for the use of the Corporations of Newark and Lincoln, for the employment of the poor Inhabitants of the said Corpora- tions; one Moiety of the said Fourteen Hun- dred Pounds to be settled for the use of the Jersey School, in Newark, and the first five years profits of the same to be employed in building a Work-house in Newark, and if the said Moiety, being Seven Hundred Pounds, was not settled, and always employed to the use of the said Work-house or Jersey School, that then the Corporation of Lincoln, should enter upon the said Lands, and hold the same to the use of their Jersey School; and the said Defendants say, they have always received and paid the yearly profits of the said Seven Hundred Pounds towards the building and employing a Jersey School as aforesaid. 388 CHARITABLE DONATIONS. LADY FRANCES LEAK, (2 Will. & Mary.) £ap, That Lady Frances Leak by her Will, dated the 23rd of December, 1690, gave One Hundred Pounds to the use of the Poor, and Two Hundred Pounds to be expended in Plate for the Communion Table; and say they have received the said £ 100, and distri- buted the Interest accordingly, and laid out the said £ 200. in Communion Plate. THOMAS WHITE, Lord Bishop of Peterborough, (2 Will. & Mary.) £ap, That Thomas White, late Lord Bishop of Peterborough, by his Will, dated some time in the year 1690, gave to the Poor oi Newark, Two Hundred and Forty Pounds, to be laid out in Lands, and Ten Pounds yearly to be paid out of the Rents thereof to the said Poor for ever, and the remainder to the Vicar, for his pains in distributing of the same, which he directed should be made once every year on the 14th of December, by the said Vicar in the Church Porch, in the presence of the CHARITABLE DONATIONS. 389 Church-wardens and Overseers of the Poor, among twenty poor families, or persons of forty years of age, equally Husband and Wife one person, who should before the receiving distinctly repeat the Lord's Prayer, the Apo- stle's Creed and the Ten Commandments, with- out missing one word ; * and no one should receive the said Charity twice, till all the Poor of the said Parish had received it once, that the advantage thereby might spread as far as possible, and desired the Vicar to distribute the same, and the said Defendants admit, that the Mayor and Aldermen have received, and laid out the Two Hundred and Forty Pounds in a purchase of Lands at Besthorpe and Girton, and have always paid the Charity, exclusively of the Tatfes, into the Vicar's Hands, to be disposed of by him accordingly.! * This repetition is annually performed, though perhaps not exactly conformable to the strict letter of the good Bishop's injunction. Yet in such a novel exhibition as twenty persons of forty years of age publicly going through such a ceremony in the nineteeth century — a little lip room ought certainly to be granted. f The Charity Estates at Besthorpe and Girton, consist- ing of 161 A. 1 R. 19 P. were Let on a Lease for tin term 390 CHARITABLE DONATIONS. THOMAS SUMMERS, (3 Anne) &&#, That Thomas Summers by his Will, dated the 1st of August, 1705, charged his Lands at Carlton, and the Messuage he then lived in at Newark, with Five Hundred Pounds, to the said Mayor and Aldermen, to purchase Lands, and out of the produce to pay, weekly, to the Five Bead-men in Newark one shilling each for ever, and the surplus to be given among the poor on every second of Fe- bruary; and Say, that they have laid out the said Five Hundred Pounds in Lands at West of 14 years, to commence on old Lady day, 1817, at the annual rent of ,£256. Whether it were the Right Reverend Donor's intention, that the poor of the parish of Newark or its Vicar should he most materially benefitted by his bequest, may be a question at haw ; but will scarcely admit of a doubt in moral equity, the words "the remainder to the Vicar for his pains" seem to imply a remuneration for trouble, which seldom is of more value than the thing given. Besides had that been the purpose of the Bishop, would he not have devised the Lands to the Vicar, chargeable with the sum of Ten Pounds annually to the Poor, out of the rents and profits arising therefrom ? CHARITABLE DONATIONS. 391 and East Laughton, formerly fifty -five pounds per annum ; but now (1733) only forty seven pounds ten shillings per annum, and have added thereto five hundred and fifty pounds of their own money in the said purchase, and duly dis- tributed one shilling a week among the said Bead-men ; and the surplus proportionable to the said Five Hundred Pounds, in clothing thirty-four boys yearly, who are educated at the Charity School, which the said Defend- ants do not apprehend to be any misapplication of the said Charity.* HOBMAN, (2 G. II.) Mr* Hobman, formerly Town Clerk of Newark, left by his Will, executed in the year 1/29, the sum of Fifty Pounds, in Trust to the Mayor and Aldermen, the Interest whereof was to be distributed for the use of the poor*" * The above Lands at East and West Laughton consist* ing of 96 A. 1 R. 4 P. were Let by Auction, at the Town Hall, in Newark, on the 25th day of September, 1817, on Lease for the term of 14 years to commence the 6th day of April, 1818, for the annual rent of £ 130. 392 CHARITABLE DONATIONS. ELEANOR DOUGLAS. (12 G. II.) Mrs. Eleanor Douglas by her Will, ex- ecuted in the year 1739, left One Hundred Pounds to the Mayor and Aldermen, in Trust, that the Interest thereof should be employed in the same Charity with the Legacy given to the said Corporation by her late Brother Thomas Summers, as an Augmentation there- unto. Dr. WILSON, Vicar of Newark. (9 & 10 G. III.) By a Codicil to his last Will, dated the 31st of May, 1769, bequeathed the sum of Forty Pounds, to be distributed in two equal portions every year, viz. on the 11th of January and the 2 1st of August, respectively, by the Vicar of Newark for the time being, to such indigent families of Newark as he shall approve : and other Ten Pounds he gave to the Vicar, for preaching a Sermon on each of those days, and for his care and trouble in distributing the aforesaid alms. Also, by a subsequent Codicil, dated the 7th of June, 1770, he further gave CHARITABLE DONATIONS. 393 One Hundred Pounds per annum to be distri- buted by his nephew, Robert Cracroft, and his heirs, in manner following: Forty Pounds on the 21st of August, and Sixty Pounds on the 31st of December, among fifty poor families residing in the said Town of Newark, in such shares and proportions as he the said Robert Cracroft or his heirs shall think proper. Also Ten Pounds per annum to be distributed by the same persons, at the same seasons, in equal portions among twenty poor Widow r s living at the said Town of Newark. Also other Ten Pounds per aunum to the Vicar of Newark, so long as he shall behave himself with decency and respect to the said Robert Cracroft his heirs and assigns.* GEORGE LAWRENCE, Esq. Alderman of Newark. (37 G. III.) By his Will, dated the 5th day of December, 1797 > gave One Thousand Pounds to the Mavor * A tolerably tempting inducement to outward civility at the least. C C 394 CHARITABLE DONATIONS. and Aldermen of Newark, in Trust, to be placed on Government Securities, for the benefit of the objects of Phillipot's Charity. It seems the Court was not fully satisfied with some of these answers, as appears by an " EXTRACT from the Answer of the Mayor and Aldermen, to the amended Bill of Inform- ation touching the other Charities" HENRY STONES. The Mayor and Aldermen say, that the said Henry Stones, had devised, if need should be, that the first five years profits of ^700. being a Moiety of the j£I400. should be em- ployed in erecting a convenient place in Newark to work in. Also, that he had willed his Trustees should be perpetual Visitors or Supervisors, that his Gifts should not be con- verted to other uses. j£>ap, There had been for many years a Jersey School or Work-house, the Master of which had been appointed by them in their CHARITABLE DONATIONS. 395 corporate capacity; That such Master sup- plied the poor with Jersey for spinning, and paid them such prices as were allowed by the Master of the Lincoln Jersey School, and also paid women for teaching the poor children, and other poor of the town, the art of spin- ning ; that the annual expenses of the Jersey School laid out by them (the Mayor and Alder- men) had often exceeded, but was never less than the produce of Stone's £ 700., viz. in repairing the School, finding wheels and reels, and allowing a stipend to the Master, in con- sideration of his teaching the poor to spin, and his loss sustained by spoiling and waste of Jersey ; that many poor persons being em- ployed by means of this Charity, were kept off from becoming a charge upon the parish. CONSOLIDATED CHARITIES. Admit they have received by their Cham- berlains, the sums given by the said Stdne, Bethell, Clay, Johnson, Martin, Watson, Bishop White and Summers, and that part of the said sums, viz. ^1330, was in 1700 laid cc 2 396 CHARITABLE DONATIONS. out in purchase of lands in Girton, Besthorpe, and South Scarle, being Copyhold Lands of the Manor of Newark, and are let at about £bQ. per annum ; and that the said Copyhold was surrendered by Thomas Goodbourn to one Hacker, in trust for the then Mayor and Aldermen : And that ^500. given by Summers was, in conjunction with ^550. of defendant's proper money, in their corporate capacity, laid out in the purchase of lands in East and West Laughton, in the county of Lincoln, and conveyed to them in their corporate capacity, by Lease and Release, dated the 16th and 17th of May, 1715, which said premises are let at j£40. a year. Notwithstanding these solemn decisions by the Court, much asperity and malevolence still continued between the late parties in the suitj many of whom lived several years after its de- termination, particularly the principal mover^ Dr. Wilson, who survived the pronouncing ot the Decree 34 years. In the year 1748, disputes ran very high concerning the due number of Churchwardens, some holding that the whole CHARITABLE DONATIONS. 397 of the four persons chosen on Easter Tuesday, were actually and severally Churchwardens ; others, that only two of them were competent to that office, and that the remaining two were only capacitated to serve as Sidemen. * Much inkshed ensued, and several documents were published which are, even now, worthy of notice. Amongst the rest, one written by Mr. John Heron, a Churchwarden, in that year, seems to embrace every point in the squabble, the work is now becoming extremely scarce, and from the equity and unanimity which at this time preside over the Counsels at Newark, the subject matter thereof, bordering upon the obsolete ; yet, whatever has once happened, may again recur : had Magnus ever conceived the idea that it would have been found neces- sary to call in the aid of a Lord High Chancel- lor to re-direct the current of his benevolence, from a perverted course, it is highly probable, Newark would not now have had to boast one of the noblest donations in the kingdom : Brown and Phillipot were not deficient in per- * Parish Officers who assist the Church-wanlon . 398 CHARITABLE DONATIONS. spicacity, but, could they have foreseen some occurences which have come to pass, their Wills certainly would not have been so loosely worded as to admit of doubt, cavil or miscon- struction. When this, our very best of gene- rations shall have passed away, there may " a king arise who knew not Joseph.' 9 There- fore as upwards of 70 years have elapsed since Mr. Heron's treatise was ushered into the world, it is hoped that will be a sufficient apology for presenting the public with a new Edition, 399 AN ADDRESS TO THE Parishioners of Newark upon Trent. ■ Gentlemen, The Vicar having of late open- ly declared that two of your three Churchward- ens are hut Sidemen, we think it our duty as your officers, as well as our interest as Parishioners, to put you upon your guard, by representing the affair in its true light ; being of the utmost importance to the peace and welfare of this parish. It is w r ell known to all of you, that during the course of our office, we have insisted upon, and exerted the full rights and powers of Churchwardens, which we had not but from a full conviction that we were really such. The Vicar indeed and his Church- warden affirm we are two of us Sidemen, and 400 HERON'S ADDRESS. the Vicar's Churchwarden has, in consequence, refused to act even with the Officer whom he allows to be a Churchwarden, because that Officer would not act with the Vicar's, unless also in conjunction with his fellow Church- warden, chosen by the Parish. A state of the case in print we have judged the most likely to evince the truth, much preferable to all oppor- tunities of public discourse, (though neither do we decline that) every person interested when most at leisure, may now become acquainted with and understand the truth. We are very far from insisting ourselves, or putting the parish to insist upon rights which belong not to them ; being truly sensible the interest of every place is, that all persons entrusted, should exercise their respective powers, not encroach or trample upon the just authorities of each other. The method in this Parish of electing Churchwardens, has mostly been to chuse two new together with two old, or in other words the two juniors of the preceding year, who then entered as the seniors ; and for collection HERON'S ADDRESS. 401 of the Church rates, the Parish, being very large, is divided into two districts, one whereof is gathered by the senior and the other by the junior Church-wardens. Also out of the money arising from the whole rates, the practice has generally been for the senior Church-wardens to make the disbursements. This we appre- hend has given birth to the present dispute ; but (as we hope to make it appear) without foundation. Upon supposition that all the four are Church- wardens it is easy to imagine how this method came about. The Church-wardens had not, in our memory, to do with the Charity Estates until the late recovery of them from the body corporate, which has doubtless greatly added, as well to the business as to the import- ance of the Church-warden's office. When their only province was the proper affairs of that office, we are sensible, from experience, two of the Church-wardens could execute the office with greater ease than all the four can perform it now; the estates of Magnus and Brotvn (the greatest part whereof lies at a distance) having 402 HERON'S ADDRESS. found us more employment than all the branches of our office merely as Church- wardens. The case being thus formerly, it might be very natural, and for their own ease, to leave the chief management to the seniors. It is seldom in public affairs (in which no one is particularly interested) that any will take upon themselves more trouble than they necessarily must ; also the first year of the Church-wardenship might instruct the juniors and better qualify them for the more active part in the year succeeding. It appears by Warner's case in Crake's reports, that in the Parish of All-Hallows, London, the Parishioners used every year to elect Church-wardens, and that one who had been elected Church-warden is elected to con- tinue a year longer and to be the upper Church- warden and another is chosen to him who is called the under Church-warden. Now it is very probable from the two year's continuance in office, the different appellations, and rising from the under to be the upper Church-ward- en, that the upper is usually the main acting HERON'S ADDRESS. 403 Church-warden of that Parish. But the under Church-warden, notwithstanding, is the other's fellow, and being such may equally intermeddle (if he see proper) in the affairs of the Church. The practice is now the same in regard to the Overseers of the Poor in our Parish , four per- sons are every Easter nominated to this office, two new are added to the juniors of the former year ; the senior Overseers collect the in book, i. e. of the Parishioners living in the inner parts of the town, and the juniors collect the out book, and the money they have usually delivered over to the seniors, who have made the disbursements. But would any infer from hence that the juniors are not therefore Over- seers of the Poor, or (which is the same thing) have not a right to act with the seniors in every branch of the office? Church-wardens, as such, are as well Overseers as the persons properly so called ; yet how seldom is it that Church-wardens concern themselves in the affairs of the poor ? By the general usage of most parishes the Church-wardens confine themselves to the Church, and the Overseers, only, provide for the poor. Yet if a Church- 404 HERON'S ADDRESS. warden will extend his cares into all the parts of his office, and act also on behalf of the poor, his authority cannot be disputed. But the ju- nior Church-wardens of this Parish have not only collected the largest part of the Church rates, but have also done many other acts which belong to the Church- warden's office, and which not any law or canon enjoins or autho- rizes Sidemen to do. They collect through the Church and Parish upon charity briefs, and in the absence of the seniors, certify Poor's settle- ments, &c. It is also apparent from the entries of the spiritual court, that all the four Officers join in presentments; and of such offences which a Sidemen has not a right to meddle with, as, when a Parishioner refuses to pay his rate to the Church repairs. And, if the juniors were but Sidemen, it is very unlikely they would engage in so troublesome an office as that of collecting the Church rates, being part of the Church- warden's duty ; if some were willing to do it, yet others would not, and this by breaking in upon, must necessarily have put and end to that usage. The names like- wise of the seniors and the juniors (being HERON'S ADDRESS. 405 words of relation) imply them to be officers of the same rank with each other. The next foundation we shall build upon, to shew we are all Churchwardens and of equal power, is the Coucher, or Parish Book, intitutled, " A Coucher, or remembrance dedi- cated to the Wardens of the Church, for per- petual succession of the Acts of the Guardians thereof." This book begins with the accompt of the Churchwardens of the year 1626, (above six score years ago) and comes down to the present time (1748), We shall lay before you the stiles of every year's accompt, entered in the book. That for 1626, being the first, is taken word for word, from the Coucher, in or- der to make appear the form of these stiles. From the others it was sufficient to present you with the names only, of the four Churchward- ens, except where any thing remarkable oc- curred, and therefore it was judged necessary then to give the whole stile. But first, take the extracts from the Coucher, and then we shall subjoin some remarks naturally arising from the contents of the Coucher-Book. 406 HERON'S ADDRESS. A List of the Churchwardens from 1626. 1626. The Accompte of William Birkitt, William Barker, Michael Clipsham, and Henry Gray, Churchwardens for the yeare past made before John Standishe, Maior, and the Aldermen, Inhabitants of the Towne of Newarke upon Trent, this second day of April, in the third yeare of the reign of our Sovereign Lord Charles, by the grace of God, of England, Scotland, France, and Ireland, &c. 1627. 1627. Michael Clipsham, ^\ William Taylor, and /^Churchwardens. Paul Wilson, J 1628. Paul Wilson, "} William Taylor, ^Churchwardens Thomas Tresse, and /^aurtnwardens. Thomas Somers, J 1629. The Accompte of Thomas Tresse, Thomcts Summers, Pfilliam Haslam, and William Ellis, made before Christo- pher Wilson, Maior, and the Aldermen of the Towne of Newark upon Trent, the nine and twentieth of March, &c. 1630. 1630 William Haslam, William Ellis, William Martin, and William Idle, 1631. William Idle, Richard Dickens, Robert Becke, and John Johnson, HERON'S ADDRESS. 407 1634. Robert Buckley, John Marris, John Shirtevante, & f Churchwardens. William Watson, dey, "^ fante, & p tson, J 1635. John Shirtevante, ^ William Watson, I _, . Thomas Smith, and ^Churchwarden?. William Dallie water, J 1636. Thomas Smith, ^ William Dalliewater, ( -,, , Hercules Clay, and >Church wardens. William Baker, J 1637. Hercules Clay, "} William Baker, I -,, . . Jeffery Hebden, and Churchwardens. Robert Daintieth, J 1638. Jeffery Hebden, "^ Robert Daintieth, (.Churchwardens Henrie Cam and >^&urcnwardens. William Martin, J 1639. Henrie Cam, William Martin, Robert Wilson, " J William Barret, i, and | 1640. Robert Wilson, William Barret, Marke Moore, and ^Churchwardens . John Hallam, >n, "} ret, f e, and f 408 HERON'S ADDRESS. 1641. Marke Moore, Robert Brownley, George Reddish, and f Churchwardens. Edward Newton, ey > L i, and f Q > J 1642. George Read, *} Edward Newton, ( « ' , Thomas Hobman, & >Church wardens. John Martin, J 1643. Thomas Hobman, *} John Martin, ( _ . John Queeingboro' & ^Churchwardens. Richard Herring, J 1644. John Queeingborow, "} Riehard Herring, (« . William Reason, & ^Churchwardens. Robert Gonison, J 1645. William Reason, "^ Robert Gonison, ( ' George Wells, and fChurch wardens. Roger Whitton, J 1646. George Wells, "J Roger Whitton, I _, . , Henry Gill, and ^Churchwardens. William Hobman, J 1647. The Accompt of William Hobman and Robert Becke, surviveing Churchwardens, after the death of Henry Gill and William JVombwell 9 made in the parrish church of Newark, the third day of April, Anno Dom. 1648* before HERON'S ADDRESS. 409 Henry Cam, Maior, Henry Truman, Viccar, and the Aid- ermea and other the Inhabitants of the sayd Towne, for the yeare then ended. 1648. Thomas Lambe, ^ Thomas Birch, I ~ . . Benjamin Wilson, and >Churchwardens. Matthew Jennison, J 1649. Richard Clarke, George Wood, ( ~, , Christ. H aslam, and >Church W a?iens. Hugh Tresse, J 1650. William Thompson, ") Robert Hoyse, ( ™ , , William Tuftin, and >Church war dens. ^ohn Toler, J 1651. The Accompt of John Toler, William PockUngton, and William, Trolove, Churchwardens for the yeare past, made and taken the twentieth day of April, in the yeare ol our Lord one thousande six hundred fifty and two, before Francis Fitzwilliams, Maior, the Aldermen and other In- habitants of the sayde Towne. Note, the last Item is in the words following. " They also crave allowance for Moneys which Mr. Wiiham Tuftin late Churchwarden, deceased, had in his hand at the time of his death as by his notes appeareth, 9Z. 2s, 4d. 1652. William Pocklington, Nicholas Trolove, I >-« * t r :„ji~.. ' j >ChurchwaixWiv Jasper Lindley, and Richard Worsdale, D D 410 HERONS ADDRESS. 1653. Jasper Lindley, "") Richard Worsdale, l ~. . . John Barber, and ^Churchwardens. Richard Parker, J 1654. The Accompt of John Barber, Richard Parker, Thomas Burnet, and John Readyards, Churchwardens for the yeare nowe ended, made the 27th day of Aprill, in the yeare of our Lord, 1655, before Matthew Jennison, Maior of the sayd Town, Christopher Wilson, Jeffrey Hebden, and Ben- jamin Wilson, Justices of Peace within the said Towne ; William Graunt and Robert Collett, new Churchwardens chosen to serve in that place, together with the said Thomas Burnett and John Readyards, and other Inhabitants of the sayd Towne then present, as followeth. 1655. The Accompt of Thomas Burnett, John Readyard, and Robert Collett, Churchwardens, [William Graunt, theire fellowe Churchwarden being absent] for the yeare now ended, made the two and twentieth day of Aprill, in the year of our Lord Christ, 1656, before Christopher Wilson, Maior of the said Towne, Matthew Jennison, Samuel Hawkes, Viccar, William Birkitts and William Basledine; the said William, Brown, William Cooke, William Birkitts- and William Basledine, new Churchwardens, then before chosen to serve in that place for the yeare following, other the Inhabitants of the said Towne then present, in the parish church there. 1656. William Cooke, ^ William Browne, I ~. , , William Birkitts, and /"Churchwardens. William Basledine, J 1657. William Birkitts, ^ William Basledine, ( ~, , , Christopher Buckley, & ^Churchwardens. William Parker, J HERON'S ADDRESS. 411 1658. Christopher Buckley, "J William Parker, ( ~. . John Marris, and >Churchwardens. Richard Hoys, J 1659. John Marris, Richard Hovs, ( _. John Girton, and >Churchwardetr.. Michael Herring, J 1660. John Girton, ^ Michael Herring, t^, Edward Armstrong, and ^Churchwardens. John Gagge, J 1661. The Accompt of Mr. Leveret Jennison and Mr. Hugh Tresse, Churchwardens, for the yeare ending at Easter last, made the fourteenth daie of October, Anno Dom. 1662, annoq. Regni Regis Caroli Sedi 14. before Christopher Has- lam, Maior, William Martin , Alderman, William Twenty •man, senior, Robert Baley, George Beekbecke, parishioners. 1662. Leveret Jennison, George Beckbecke, William Martin, William Haslam. 1663. Mark Moore, junior, John Featley, Christopher Wilson, & ^Churchwardens. Francis Whitton, 1UUO. e, junior, ^ Wilson, & r itton, J } 1664. Christopher Wilson Francis Whitton, William Twentiman, & f Churchwardens Dennis Coolinge, l> J) Z 412 HERON'S ADDRESS, 1665. Robert Taylor, Robert Wilson, William Faux, and Samuel Thornton. 1666. William Bayly, Samuel Clarke, Goddard Dye, and Stephen Thorpe. 1667 Goddard Dye, Stephen Thorpe, Alexander Clarke, and Edward Smalley, 1668. Alexander Clarke, Edward Smalley, William Glover, and Samuel Harvey, 1669. William Glover, Samuel Harvey, Isaac Sherwin, and Edmund Small, 1670 William Fisher, John Arnall, Matthew Alvey, and William Whitton, } 1671, Henry Cam, William Whitton, Andrew Kippis, and Richard RawsoH* •Churchwardens » } Churchwardens } } Churchwardens, Churchwardens. \ Churchwardens HERON'S ADDRESS. 1672. 413 1 Richard Rawson, Andrew Kippis, William Flobman, and >Cnurchwardens. Thomas Goddard, J 1673. William Hob man, "J Thomas Goddard, ( _, . Francis Cheetam, and /Churchwardens. Samuel Spragging, J 1674. Richard Lambe, "\ Matthew Cumberland, I ^, , , John Hoyes, and ^Churchwardens. Robert Wilson, J 1675. John Hoyes, "\ Robert Wilson, l ~. . , John Swift, and ^Churchwardens . Valentine Draper, J 1676. John Swift, "\ Valentine Draper, 1 ~. . , John Awfield, and ^Churchwardens. George Oats, J 1678. John Cheetam, "") John Wh alley, I ~. . . William RastaU, and >Churchwardens. William Walker, J 1679. William RastaU, William Walker, William Jackson, and >Churchwardeiii. William Barlow, J I 414 HERON'S ADDRESS. 1680. William Jackson, "\ William Barlow, (_ Anthony Markham,and >Churchwarden&. Samuel Gold. J 1681. Anthony Markham, Samuel Gold, Francis Milnes, and ( Ch Solomon Bettison. J 1 1682. Francis Milnes, Solomon Bettison, William Pocklington, & George Hunt, 1683. William Pocklington, George Hunt, Robert Hoyes, and Francis Whitton. 1684. Rpbert Hoyes, Francis Whitton, Owen Gascoigne, and Joseph Drake.* } } Churchwarden* Churchwardens. } Churchwardens. 1689. Mr. Robert Marris, *} Mr. Matthew Alvey, I ^ , , Mr. Thomas Newham& >Churchwardens. Mr. Thomas Wilson. J 1690. Mr. Robert Marris, ^ Mr. Matthew Alvey, 1 -,, , , John Cooke, and ^Churchwardens. John Tomlinson. J HERON'S ADDRESS. 415 1691. John Cooke, ^ John Tomlinson, I nu , . ^- , Bernard Wilson/and ^Churchwardens. Thomas Summers. J 1692. Mr. Bernard Wilson, "} Thomas Summers, I ^, , . Edward Hobson, and ^Churchwardens. Christopher Buckley. J 1693. Churchwardens. Mr. Edward Hobson, "} Christopher Buckley, ( John Clayton, and j Hugh Bernard. J 1696. The Accompt of Mr. John Cole, Mr. Edward Callis, and Mr. Robert Brooke, Churchwardens for the yeare ended at Lady-day last made and taken within the parish Church of Newark upon Trent, the first day of April, Anno. Dom. 1697, before Mr. William Pocklington, Mayor, Mr. William Martin, Mr Robert Marris, and Mr. Richard Read, Justices of the peace and other of the Inhabitants of the said Borough. 1698. Mr. Samuel Peete, ^ Mr. John Clarke, I ~, _ Mr. Samuel Spragging & /Churchwardens. Mr. Thomas Gregg. J 1700. Mr. Samuel Legg, *) Mr. Gabriel Alvey, (_, _ Mr. Richard Shipman,& /Churchwardens. Mr. Robert Marris. J 1704. Mr. John Taylor, "} Mr. Francis Clay, (_, , Mr. William Gascoigne, /Churchwardens. and William Twigg. J 416 HERON'S ADDRESS. 1705. William Gascoigne, "} "William Twigg, ( - . . Benjamin Thompson, & /Churchwardens, Bryan Cumberland, J 1706. Benjamin Thompson, Bryan Cumberland, Guido Dickinson, and >Churchwardens Richard Tongue, J \ 1109. John Bradshaw, \ Robert Woggden, f ~, , , John Flowtr, and ( Churchwardens. Richard Lovett, ) 1710. John Flower, **\ Riehard Lovett, ( ~ , - Matthew Derry, and > C hurchwardens. William Killinger, J 1711. Matthew Derry, • "\ William Killinger, ( ^, , , Edmund Mowtr, and ^Churchwardens. Joseph M arris, J 1712. Joseph Marris, ") Charles Wilson, ( ™ , , Richard Reade, and ^Churchwardens . Richard Hawding, J 1713. Richard Reade, ^ Richard Hawding, !«, , , Henry Martin, and Churchwardens. loKn AnJjBeld, J HERON'S ADDRESS. 417 1714. Francis Spragging Richard Parker, Edward Eastland, and Thomas Wilson, 1715. Edward Eastland, Thomas Wilson, Joseph Lund, and Edward Smith, 1716. Joseph Lund, Edward Smith, John Cheetam, and John Smith, 1717. John Cheetam, John Cliffe, John Harrison, and Daniel Caparne, } } Churchwardens. Churchwardens. Churchwardens. >Churchwardens, 1718. John Harrison, Daniel Caparne, William Cooke, and f Ch John Twentyman, J I 1719. William Cooke, John Twentyman, Mark Bernfather, and ) Thomas Gregg, J } Churchwardens. 1720. Mark Bernfather, Thomas Gregg, Thomas Johnson, Terwaite Gibson, ^Churchwardens, i 418 HERON'S ADDRESS. 1721. Thomas Johnson, Terwaite Gibson, Robert Fisher and John Pocklington, 1722. Robert Fisher, and John Pocklington, Thomas Haslam, and Stephen Bradshaw, 1723. Thomas Haslam, and Stephen Bradshaw, John Twentyman, jun. ^Churchwardens. > Churchwardens, J > Churchwardens, Richard Wilson, J 1724. The Account of John Twentyman, jun. Richard Wilson , Churchwardens, William Hoyes, Robert Spragging, Side- men, for the yeare ending at Easter, 1725, made and taken in the parish of Newarke, June, 1725, before Mr. Benja- min Farnsworth, Mayor, Mr. Rastall and Mr. Marris, Justices of the Peace, and Mr. Bernard Wilson, Vicar, and other Inhabitants of the said Town of Newarke. 1725. Robert Spragging, and William Hoyes, Edward Wilson, and Henry Fisher, 1726. Edward Wilson, and Henry Fisher, Thomas Milnes, and J ames Tomlinson, 1727. Thomas Milnes, and James Thomlinson, John ( lough, and Francis Noble, > Churchwardens. >Sidemen. Churchwardens. -Sidemen. Churchwardens. •Sidemen* HERON'S ADDRESS. 419 1728. John Clough and ^churchwarden Francis Noble, j Matthias Cumberland, l sidemen> Francis Marshal, >. 1729. ^Zt s «t ng ' and } Sidemen - 1130. &a^fot S,and } ChUrChwarde - Roger Pocklington, and ) Sidempn Charles Dranfteld, j^emen. 1731. The Accompt of Roger Pocklington, and Charles Dran- neld, Churchwardens, lor the year ending at Easter, 1732. 1732, 1733, 1734, 1735, 1736. William Handley, and ") „ u u , John Potter, J Churchwardens. 1737. The Accompt of John Potter, Churchwarden for the year ending at Easter 1738. 1738, 1739. William Linthwaite, and 1 pr^,. , Samuel Foster, j Churchwardens. 1740, 1741, 1742, 1743, 1744, 1745, 1746, 1747. William Linthwaite, and 1 ^ u u , Thomas Milnes, j Churchwardens. We have here given you the stiles, or abstracts thereof, of every year which is enter- 420 HERON'S ADDRESS. ed in the parish book from 1626, the accompts of sixteen years having been omitted to be entered, viz. of 1632, 1633, 1685, 1686, 1687, 1688, 1694, 1695, 1697, 1699, 1701, 1702, 1703, 1707, and 1708 ; but for all these years except 1707 blanks are left in the respective places to enter the accompts upon. The accompt for 1707 (as appears by a memorandum) is not entered because of the extravagancies ; but omitted to prevent evil examples to futurity. The Church-wardens of the years 1629, 1630, 1631, 1662, 1665, 1666 and 1672, though all four named as passing the Church-wardens accompt, yet happen not to be called by their name of office, whereas the four officers of all the other years to 1723, inclusive are expressly stiled Church-wardens. This omission has occasioned a variance of our abstract of the above years from all the rest ; we have given you at large the stile of 1629, being the first of those years, by which the variance appears to arise merely from a negligent omission of the word Church-wardens and not from other cause. These neglects (if to be so called) HERON'S ADDRESS. 421 might reasonably have been more than the few which have happened ; for the Coucher being (as it is truly intituled) a remembrance of the acts of the Church-wardens, it was not necessary to have called them such in any one of the year's accompts, the thing so plainly bespeaks itself. In the stile for 1647, it is observable that Robert Becke, though one of the two juniors, whom the Vicar pretends, in this dispute, to be but Sidemen, is expressly named as one of the surviving Church-wardens and appears there as passing his Church-warden accompt. The accompt for the year 1651, is passed by only three Church-wardens, but it appears from the last item, that four Church- ward ens were elected, one of the four having died in his office. The stile of 1654, is extremely remarkable : it is the accompt of John Barber, Richard Parker, Thomas Burnet and John Readyards, Church-wardens, of whom the two latter 422 HERON'S ADDRESS. appear to be the junior Church-wardens, who were elected (according to the usual method) with two others for the year following : Now these two were William Graunt and Robert Collett, who were in 1635, the two juniors. On April 27th, 1655, (before which time the Church-wardens for 1655, were chosen) the Church-wardens, for the year preceding, pass their accompt before the Mayor and others, amongst them William Graunt and Robert Collett; which persons though the juniors are expressly named as new Church-wardens chosen to serve in that place, together with the said Thomas Burnet and John Readyards. Note, William Graunt and Robert Collett, are not only called Church-wardens, but are particularly mentioned, for the very reason that they were the new Church-wardens ; before whom, as such, as well as the parish- ioners in general, the Church-warden accompt ought to be taken. Could any thing be penned stronger in support of the office of the four Church-wardens ? But this is not the only instance, the stiles of 1657, 1658, and 1659, are all after the same manner, with thfc HERON'S ADDRESS. 423 weighty addition that for the year 1657, the then Vicar appears to be one of the persons who took the accompt of that year. In the stile for 1655, William Graunt though the very junior Church-warden of that year, is singly called a Church-warden (being fellow Church-warden to the other). The accompt likewise appears to have been taken before the Mayor, Vicar, the four new Church-wardens and others. It is very remarkable that from the year 1626, (with which the toucher begins) unto the year 1723 inclusive, it expressly appears by the stiles of each year there were four Church-wardens, except in 1661 and 1696, for the former whereof but two Church-ward- ens and for the latter but three Church- wardens pass their accompt ; yet we cannot but con- clude, that in those years as well as all others there were four Church-wardens, and that the officers absent were either dead, hindered by sickness or other cause from at- tending the accompt. But thr entry of \6 A )h 424 HERON'S ADDRESS. determines clearly in favour of the parish, three Church-wardens equally contradict the notion of two Sidemen, and perhaps the Church-warden absent from that year's ac- compt might be the Vicar's Church-warden. It is a remark vastly material, that the Vicars (betwixt whom only and the parish can arise this dispute) have, as well as the parish- ioners, very much attended at and taken these accompts of the four Church-wardens ; Dr. Mosely, the Vicar allowed them from the year 1634, to 1641, both inclusive. Mr. Truman, the Vicar allowed the accompts for the years 1642, 1643, 1644, 1645, 1647 and 1648. Mr. Hawkes, the Vicar for 1655, 1656, and 1657. Mr. White, the Vicar (afterwards Lord Bishop of Peterborough) for 1660, 1662, 1663 and 1665. Dr. Pearson, the Vicar for 1666. Mr. Smith, the Vicar from 1669 to 1692 both in- clusive, and for 1698 and 1700, Mr. Stanfield y the Vicar allowed the accompts for 1704, 1705, 1706 and 1713; and his successor, the present Vicar for 1721, 1722 and 1723. HERON'S ADDRESS. 425 BUT now behold, the stile of the accompt for so late a year as 17*24, (being in the time of our present Vicar) is the very first which takes notice of Sidemen ; but why must we believe the entry of that year against the united testimony of all the preceding years ? Are we more able at this day to discover the truth than those who lived nearest to the time when the four Church-wardens were first con- stituted ? If therefore the question must be deter- mined by old forms it is clear beyond dispute we are four Church- war dens. But the altera- tions of ancient forms is commonly attended by inconveniences, and often by absurdities. Consider what the accompt is, it is that of the Church-wardens ; if then two of the four are Sidemen j is it not extremely ridiculous to join them in the matter with the* Church-wardens? The Sidemen's accompt is what neither we nor any of you ever heard of; they have not to do with money affairs. You may see in the 90th Canon what the office of a Sidemen is [viz] to observe that the parishioners resort to E E > 426 HERON'S ADDRESS. and behave reverently in the Church. This manner of entering Sidemen in the Church- warden accompt was used seven years and then discontinued; by reason, perhaps, of the impropriety of Sidemen passing that or any other accompt. But instead of restoring the ancient form of the stiles of 1731, the subse- quent years contain the names of only two of the Church- ward ens. Two changes therefore have been made within these few years both contrary to the old received forms. In confirmation of the Coucher, we find upon a balk over the middle alley of the Church (conspicuous to the whole parish) the names of Joseph Marris, Charles Wilson, Richard Rende, and Richard Hawding, which have all of them conjointly the addition of Church-warden in the year 1713; Also (which is more strong) upon the great bell are the names of Joseph Marris and Charles Wilson, Church-wardens 1713, and upon the 7th or next bell the names of Richard Reade and Richard Hawding, Church-wardens 1713, for if the two last were no other than Sidemen it HERON'S ADDRESS. 427 had been very easy [being separated from the other two] to have so called them upon the 7th bell. But indeed the names of all four being put upon the balk, &c. is an evidence of their office; Sidemen having no more to do with Church repairs than with the accompt concerning those repairs. Mr. Magnus makes not any mention in his deed of Ordinances what the number of Churchwardens was; yet from the nature of his trust it must appear there could not at that time have been less than four. This great donor wisely intended a proper balance in the management of his charities; but had the Vicar chose one Churchwarden and the parish only another, the Vicar must, in course, have had the sole power of his estates. The late decree in Chancery [as in Brown's estate] where it directs the calling in of two of the Churchwardens chosen by the parishioners, discovers a very prudent care; the Vicar would naturally have called in his own Churchwarden, therefore had he not been restrained, the balance could not possibly have been preserved. kk2 428 HERONS ADDRESS. And for this reason, the parishioners ought not to elect as any one of their Churchwardens, a person under the influence of the Vicar. Another argument that the Churchward- ens are four in number may be drawn from the like number of Overseers. In the year 1601, being the 43d of Queen Elizabeth an act was passed for relief of the poor and also four, three or two substantial householders [to be nominated by two Justices of the Peace] having respect to the proportion and great- ness of each parish. Now could any step be more natural than to follow the number of Churchwardens in each parish? The great- ness of the parish, which made the four Churchwardens necessary or convenient, would equally make so the same number of Overseers. We have likewise the opinion of the pre- sent Lord Chancellor in our favour, who in his decree (after hearing the proofs in the cause and the books relating to the parochial affairs) calls us the fot*r Churchwardens, and this not casually but With great advice and delibera HERON'S ADDRESS. 429 tion; the decree, so far as it concerns the estates of Magnus and Brown being wholly founded on the reality of four Churchwardens. The Lord Chancellor's view was to pursue, as near as might be, the directions of the founders. Mr. Magnus, in particular had joined the Churchwardens in trust with others, had therefore two of the four officers been Side- men, the decree had neither stiled them Churchwardens nor made them Trustees. Mr. Brown indeed does not mention the Churchwardens in his will, and yet the Chan- cellor takes notice of the Churchwardens chosen by the parishioners in regard to Mr. Brown's estate. But he added them to the trust, not as primarily concerned, only to be called in if the Mayor and Vicar should disa- gree, or one of them be absent ; in neither of which cases could any thing be done without a provision of some other assistance. It is worth observation that the entry of Sidemen in the stiles of the Churchwardens accompt was begun before that Chancery suit commenced, and that the Vicar was himself a party to the suit. 430 HERONS ADDRESS. The customary day of election is Easter Tuesday, the parish clerk notwithstanding has always on Easter Sunday (to remind the parish- ioners) published a notice in the Church; and what is the notice that has been given ? That the parishioners may meet to chuse Church- wardens, not one word of Sidemen having ever been mentioned. The parishioners then have assembled to elect and accordingly have elect- ed persons to be Churchwardens, if so, how can these persons be called Sidemen ? Such was the notice preceding our election, we were all elected and by the Spiritual Court admitted into the office of Churchwardens, We all at the same time laid our hands upon the book and took the Churchwarden^ oath (given us by the Chancellor of the diocese) we took the oath which was offered, nor was it objected to as a new thing. But, (for argument's sake) let us suppose a parish where more than two Churchwardens were never elected or heard of; yet if the parishioners shall find the largeness of concerns to require (and accordingly shall elect) four HERON'S ADDRESS. 431 Churchwardens, the Spiritual Court (we ap- prehend) has a discretionary power to admit and swear all of them into the office. An increase of inhabitants, addition of new trusts, &c. may render an augmentation necessary of the number of Churchwardens. If reason tell us that in every parish the Churchwardens should be as many as the Overseers of the poor (the Churchwardens being also entrusted w T ith the Overseer's office) how unwarrantable must all endeavours be to deprive this parish of two of the four Church- wardens ? Officers, who have the care not only of the Church and Poor (as in other parishes) but also of the Charity estates. But this fancy that two of your officers are Sidemen will be found upon a review to contradict the very sense of mankind. Can we imagine the two juniors were elected and sworn Sidemen, and at the same time remem- ber that in the Churchwarden's accompt they are constantly stiled Churchwardens, that as such they pass and before them the same 432 HERON'S ADDRESS. accompt is passed, that the Vicars have suc- cessively signed the accompts of the four Churchwardens, that the names of the juniors are set up in the Church as Churchwardens, that as such they have collected the Church- rate and money upon charity briefs, sign certi- ficates, &c. that bills are presented by them with the other Churchwardens for not paying to the Church-rate, that notice has ever been given to elect Churchwardens, &c. ? All these things are inconsistent with the notion of Sidemen ; had the juniors been truly such, so known to be or esteented, these usages and forms could never obtained or been so invari- ably continued. Thus far in defence of that right which the parishioners have always exercised of electing three Churchwardens; but let us now consider what has been done by and what has been the power of all the preceding Vicars. It does not appear nor can any inference be drawn from the Coucher that the Vicars of the parish have anciently nominated even one of the four Churchwardens neither (as we believe) from HERON'S ADDRESS. 433 the record? of the Ecclesiastical Court. But if the former Vicars really have nominated a Churchwarden, it is evident by the Coucker, the person named was one of the juniors elected by the parish the year preceding. Even the present Vicar himself (inducted in the year 1719) followed the old custom many years of nominating out of the junior Churchwardens (chosen by the parishioners the year before) as is manifest by the succession of those officers. Hence it appears that Vicars could have little or no power from their nomination ; >for, if the Vicars, for form's sake, did nominate it was ever one whom the parish had chosen the year before. But the present Vicar is the first that has made it his practice to nominate a person not before elected by the parishioners ; con- stantly the same person; who professes (as from a principle of duty) not to join in any one thing but as approved of by the Vicar. This innovation is attended with a very great acqui- sition to the Vicar's power beyond what any of his predecessors ever enjoyed. But we are far from stopping here; have not applications been made to several of you to elect likewise 434 HERON'S ADDRESS, all the other persons under his influence ? But if the Vicars refuse to nominate as heretofore, one of the juniors first elected by the parish, or to trust any gentleman or tradesman from amongst yourselves (except the same person perpetually nominated) what confidence can induce you to elect such your Churchwardens as are dependant upon the Vicar, or to trust him more than he pleases to trust any of you? Nay, at the very time when he disputes your right of electing Churchwardens, and would reduce even two of your three Churchwardens into Sidemen. Ponder these things, consider the consequence and beware; think yearly of Easter Tuesday, and attend upon the interest- ing business of that day. Be jealous of your rights, be vigilant, and chuse them your officers who are willing and know how to serve you, and will have a frugal care of the Monies you shall entrust with them. We have now gentlemen proved from the Coucher, and by other arguments, that you have a right to elect three Churchwardens agreeably to the ancient practice of this parish; HERON'S ADDRESS. 435 and that until late you have in effect elected all four. We must now beg your patience to offer an observation or two of another kind, which may be of some use to the parish. In passing the Churchwarden accompts, the parishioners, till of late, have used to sign the accompt not in the Coucher, but upon a sheet of paper, which being signed, was the Church- warden's discharge, and delivered to and kept by them as such; and a copy thereof was en- tered in the parish book to be a guide and direction to future Churchwardens. But the five last year's accompts have been allowed and signed by the parishioners in the Coitcher, a method not at all proper or convenient, for if any articles be objected to, and disallowed, this must needs make great confusion in the entries. Neither is it safe for the Church- warden who is to be discharged. Besides as the Coucher is in the custody only of the Churchwardens for the time being, if former officers have not their accompts but only in that Coucher, the parishioners may be often imposed upon in passing the Churchwarden accompt. Innovations and abuses are more 436 HERON'S ADDRESS. easily discovered by comparison of present accompts with former. It is observable by the stiles that until of late years the Mayor, Justices and Vicar, as such as well as the parishioners attended at the taking the ac- compts; settled the form and items thereof and after the same were allowed, transcribed them into the Coucher book; for this the ancient fee was 3$. Ad. but afterwards encreased to 6s. 8d. The Town Clerk's settling- and entering the accompts was of great use to the parish, the items were better distinguished than of late, it is now frequently entered Paid to A. B. as per bill — which is not in the least instructive to succeeding officers ; not only the name should appear, but also where and upon what account the same was laid out together with the workmen's wages and prices, as formerly was always done. This method of entry lays also a proper restraint upon the Churchwardens, should extravagancies escape observation upon passing the accompt, which is some times done negligently and in a hurry; vet the severer scrutiny of succeeding officers might make a discovery. Then for entering HERON'S ADDRESS. 437 records, men of the law are more used to the proper hands, it must be imagined that gene- rally a Town Clerk would write a stronger and more legible character and in a less com- pass than a succession of persons chosen into the Churchwarden's office. The Town Clerk likewise being to settle the form of each item may check even the very first thoughts of en- gaging in exorbitances. They cannot then be concealed from the Town Clerk, he is interested as a parishioner and may urge the proper objections upon passing the accompt. We are Gentlemen, Your most faithful servants, »?™™ R hI!; d .^ 1 Churchwardens chosen bv Richard Herring, > .. . ._■_, William Martin, J the pansh.oners. Newark upon Trent, March 9tk, 1743. 438 GUILDS, OR ANCIENT CORPORATIONS. The word Guild is a Saxon term, signify- ing company or fraternity. Man is a grega- rious animal, not a whit the more harmless for his congregating. Sheep flock together for the purpose of procuring food : Wolves herd together for the purpose of procuring food also, usually called prey. Why sustenance of the canine animal should be stigmatized by the epithet of prey, would perhaps puzzle a wiser head than that attached to the body of the present reader. Wolves were created, therefore, in order to preserve existence. Wolves must eat; it is rather more than suspected, were the flesh of those said Wolves adapted to our taste, they would then be GUILDS, OR ANCIENT CORPORATIONS. 439 complimented by the terms, congregating, flocking, nay, to serve at a pinch associating, for people, in general, are wonderfully civil to any thing they are in the contemplation of biting. Interest, curiosity, or fear, will draw to the same focus the most discordant atoms in the homo genus. Hume, speaking of the Anglo-Saxons, perhaps points out as clearly the origin of combination as can possibly be conceived. " Among that military and turbu- lent people, so averse to commerce and the arts, and so little enured to industry, justice was commonly very ill administered, and great oppression and violence seem to have prevailed. These disorders would be increased by the exorbitant power of the aristocracy; and in their turn contribute to encrease it. Men, not daring to rely on the guardianship of the laws, were obliged to devote themselves to the service of some chieftain, whose orders they followed, even to the disturbance of the govern- ment, or the injury of their fellow citizens, and who afforded them, in return, protection from any insult or injustice by strangers. Hence we find, by the extfatets which Dr. 440 GUILDS, OR ANCIENT CORPORATIONS. Brady has given us from Domesday, that almost all the inhabitants, even of towns, had placed themselves under the clientship of some particular nobleman, whose patronage they purchased by annual payments, and whom they were obliged to consider as their sove- reign, more than the king himself, or even the legislature. A client, though a free man, was supposed so much to belong to his patron, that his murderer was obliged by law to pay a fine to the latter, as a compensation for his loss ; in the like manner as he paid a fine to the master for the murder of his slave. Men who were of a more considerable rank, but not powerful enough, each to support himself by his own independent authority, entered into formal confederacies with each other, and composed a kind of separate com- munity, which rendered itself formidable to all agressors." In process of time, men of still minor rank formed associations of this nature, and, after the coming in of the Normans it became cus- GUILDS, OR ANCIENT CORPORATIONS. 441 tomary for the crown to grant incorporative charters to cities and towns for the purpose of the principal merchants and traders forming themselves into certain fraternities called guilds or gilds ; these soon began to assume an aspect of higher authority, and, like churches and religious houses, each had its patron Saint. The principal at Newark, on record, were The Guild of the Holy Trinity. of the Virgin Mary. — — — of the Holy Richard de Newark. of St. Peter. of Mary Magdalene. of Corpus Christi. Whether the number of Guilds was such as to admit of an Alderman to be placed at the head of each, is uncertain ; but in the Feoffment made by Magnus, the Alderman of the Town is stated, to be the Alderman of the Guild of the Holy Trinity, and the Aldermen of Mary Maivdelyn, Our Ladie and Corpus Christi Guilds are particularly specified. k w 442 GUILDS, OR ANCIENT CORPORATIONS. The Alderman of Trinity Guild is also mentioned in Brown's Will. The Guilds were extinguished before the time of Phillipot executing his Testament. All the incorporated companies in London were formerly styled Guilds, from whence the Hall denominated Guild-hall. The term is now nearly obsolete, yet, at Preston, in Lancashire, every twentieth year a very grand jubilee is celebrated, called Preston Guild, whereon are artisan proces- sions, somewhat resembling those at Coventry* It commences with the last week in August and continues one month. The regular period of return will be in 1822. * Vide P, 22, 443 INCORPORATION OF THE TOWN OF NEWARK In the third year of the reign of Edward the sixth, (1559) a Charter of incorporation was granted by that Monarch, under which it was governed by an Alderman and twelve As- sistants. LIST OF THE 4LDERMEN. Anth. Forster, 1549, 3E.6.William Leverit, 1558, 1 El. William Phillipot, 1550, 4 Edward Kelsterne, 1559, 2 William Riggs, 1551, 5 John Brignell, 1560, 3 Hugh Kelsterne, 1552, 6 ' John Key, 1561, 4 Edward Sainton, 1553,1 Mar.Humphrey Taylor, 1562, 5 Robert Howes, 1554, 2 William Leverit, 1563, 6 Phillip Robinson, 1555, 3 William Robinson, 1564, 7 John Corbridge, 1556, 4 William Blank, 1565, 8 Richard Leverton, 1557, 5 Christopher Stow, 1566, 9 v k 2 444 INCORPORATION. Edward Sainton, 1567, 10 El. Edward Kelsterne, 1568, 11 William Harrison, 1569, 12 William Standley, 1570, 13 John Brignell, 1571, 14 Thomas Bate, 1572, 15 George Bridges, 1573, 16 William Leverit, 1574, 17 Christopher Stow, 1575, 18 Thomas Parker, 1576, 19 George Thexton, 1577, 20 Edward Kelsterne, 1578, 21 William Harrison, 1579, 22 Christ. Jenison, 1580, 23 Edward Brown, 1581, 24 John Death, 1582, 25 Thomas Bate, 1583, 26 Anthony Haslam, 1584, 27 George Bridges, 1585, 28 Ed. Metheringham, 1586, 29 Nicholas Goddard, 1587, 30 Thomas Cross, 1588,31 Thomas Herring, 1589, 32 Brian Houlston, 1590, 33 William Harrison, 1591, 34 William Parker, 1592, 35 Christopher Jenison, 1593, 36 John Burton, 1594, 37 William Standley, 1595,38 Anthony Haslam, 1596, 39 EL Thomas Hartley, 1597, 40 Ed. Metheringham, 1598, 41 Thomas Hobman, 1599,42 Christ. Thompson, 1600, 43 William Parke, 1601, 44 Edward Death, 1602, 45 Henry Webster, 1603, 1 J. L Robert Brignell, 1604, 2 Christ. Jenison, 1605, 3 Robert Webb, 1606, 4 Peter King, 1607, 5 Ed. Metheringham, 1608, 6 John Twentyman, 1609, 1 Bar thol. Martin, 1610, 8 Thomas Taylor, 1611, 9 John Brownlow, 1612, 10 Henry Webster, 1613, 11 John Noble, 1614, 12 Richard Burkitts, 1615, 13 Thomas Jenison, 1616, 14 Robert Good, 1617, 15 Christ. Haslam, 1618, 16 Richard Herring, 1619, 17 Jn. Metheringham, 1620, 18 Peter Smith, 1621, 19 John Jenison, 1622, 20 Thomas Hobman, 1623, 21 John Brownlow, 1624, 22 INCORPORATION. 445 1625. King Charles I. granted a new Charter to the Town of Newark, and instituted a body corporate by the name of the Mayor and Aldermen of Newark upon Trent, in the County of Nottingham. Henry Gill was appointed the first and original Mayor ; the first twelve Aldermen were as under John Brownlow, Peter Smith, John Standish, John Noble, John Jenison, Henry Clifton, Thomas J enison, Thomas Hobman, Christ. Wilson, Christopher Haslam, Wm. Middlebrook, Robert Outrara. They were empowered to have " a good and discreet man, learned in the laws of England, to be Recorder." A LIST OF THE MAYORS OF NEWARK. ..Peter Smith, 1C33, 9 C. I Anthony Hobman, 1634, 10 John Jenison, 1635,11 Matthew Mercer, 1636, 12 Lancelet Thompson, 1637, 13 Thomas Greece, 1638, 14 John Johnson, 1639, 15 John Standish, . 16 Henry Gill, 1625, 1C John Standish, 1626, 2 Henry Clifton, 1627, 3 Thomas Jenison, 1628, 4 Christ. Wilson, 1629, 5 Christ. Haslam, 1630, 6 John Noble, 1631, 7 Edward Standish, 1632, 8 446 INCORPORATION, Thomas Atkinson, 1641, 17 C.l George Birkbank, Christ. Wilson, Thomas Arnold, Hercules Clay, Thomas Smith, William Baker, Henry Camm, Lancelet Thompson 1648, 24 William Wilson, 1649, 25 1642, 18 1643, 19 1644, 20 1645,21 1646, 22 1647, 23 1673, 14C.2 1674, 15 1675, 16 1676, 17 167T, 18 Robert Wilson, 1650, FrancisFitzwilliams, 1 65 1 , n ►■s Jeffery Htbdon, 1652, B Benjamin Wilson, 1653, Matthew Jenison, 1654, O Christ. Wilson, 1655, Matthew Newham, 1656, ft John Jenison, 1657, William Martin, 1658, c B William Hobman, Charles Dennis, Robert Atkinson, Christ. Haslam, Richard Herring', Leonard Jenison, Hugh Treece, Edward Newton, Robert Hoyes, William Brown, John M arris, William Martin, William Basledine, 1671,12 Robert Gregg, 1672, 13 Thomas Hodson, Robert iMartin, Isaac Sherwin, Dennis Cooling, William Twentymanl678, 19 William Hobman, 1679, 20 John Girton, 1680, 21 John M arris, 1681,22 Richard Read, 168?, 23 William Martin, 1683, 24 William Martin, 1 684, 25 William Rastall, 1685, 1 J. 2. George Birkbank, 1686, 2 Robert Marris, 1687, 3 Alexander Clark, 1688, 4 Isaac Sherwin, 1 689, 1 w.m. JohnWhaley, 1690, 2 1659, R.C.William Twentymanl691, 3 1660, 1 C. 2 Matthew Alvey, 1692^ 4 1661, 2 William Hobman, 1693, 5 Richard Rawson, 1694, 6 Hichard Read, 1695, 1 W.3. William Pocklingtonl 696, 2 Edward Hobson, 1697, William Martin, 1698, Solomon Bettinson, 1 699, 1662, 1663, 1664, 1665, 1666, 1667, 1668, 1669, 10 1670, 11 Robert Marris, William Snell, Timothy Ellis, John Cooke, John Milnes, 1700, 1701, 1702, I Ann 1703, 2 1704, 3 INCORPORATION. 447 Matthew Alvey, Samuel Rastall, Thomas Lunde, Samuel Peete, Robert Marris, John Herring, Roger Pocklington, Solomon Bettinson, J ohn Taylor, John Cooke, John Milnes, Thomas Clark, Edward Moore, Samuel Rastall, Henry Martin, Christ Buckley, Edward Eastland, Robert Marris, John Herring, Benj. Farnsworth, J oseph Lund, John Taylor, William Hoyes, John Milnes, Thomas Wilson, Edward Smith, Samuel Rastall, Henry Martin, Christ Buckley, & Joseph Lund, Edward Eastland, Robert Marris, 1705, 4 AnnThomas Haslam, 1736, 10G.2 1706, 1707, 1708, 1709, 1710, 1711, 10 1112, 11 1713, 12 17UJ, 1717, 1718, 1719, 1720, 1721, 1722, 1723, 10 1724, 11 1725. 12 1726. 13 Benj. Far ns worth, 1737, 11 Joseph Lund, 1738, 12 Francis Noble, 1739, 13 William Hoyes, 1740, 14 John Clough, 1741, 15 John Pocklington, 1742, 16 1743, 17 1744, 18 1745, 19 1746, 20 1747, 21 Edward Smith, Samuel Rastall, 17! 4, 1 G. I Thomas Killinger, 1715, 2 William Hoyes, Edward Eastland, Richard Harrison, 1748, 22 Thomas Haslam, 1749, 23 John Twentyman, 1750, 24 Joseph Lund, 1751, 25 Francis Noble, 1752, 26 William Wells, 1753, 27 John Clough, 1754,28 Timothy Rastall, 1755, 29 Joseph Sikes, 1756, 30 Robert Spragging, 1757, 31 1727,1 G. 2 Samuel Twentyman, 1758, 32 1728, 2 Thomas Milnes, 1759,33 William Handley, 1760, 34 John Smith, 1761, 1 G, Thomas Hiislam, 1762, 2 John Twentyman, 1763, 3 John Milnes, 1764, 4 Henry Milnes, 1765, 5 Timothy Rastall, 1766, 6 Joseph Sikes, 1767, 7 1729, 1730, 1731, 1732, •1733, 1731, 1735, 448 INCORPORATION The Earl of Lincoln, I 17 _ .Thomas Bland, 1793, 33G.3 and R. Spragging, J i/0 *>°^David Stephenson, 1794,34 SamuelTwentyman,1769, 9 Thomas Spragging, 1770, 10 William Handley, 1771, 11 Samuel Brooksby, 1772, 12 Thomas Haslam, 1773, 13 Richard Eastland, 1774, 14 John Ridgill, 1775, 15 Henry Milties, 1776, 16 Robert Foster, 1777, 17 Samuel Sketchley, 1778, 18 William Martin, 1779, 19 Joseph Sikes, 1780, 20 David Stephenson, 1781,21 Samuel Twentyman,1782, 22 Thomas Spragging, 1783, 23 William Handley, 1784, 24 Samuel Brooksby, 1785, 25 John Godfrey, 1786, 26 George Lawrence, 1787, 27 J ames Guthrie, 1 788, 28 Henry Miines, 1789,29 William Jessop, 1790, 30 Samuel Sketchley, 1791, 31 William Martin, 1792, 32 Robert Buck, M. D.1795, 35 Thomas Spragging, 1796, 36 William Ffarmerie, 1797, 37 John Godfrey, 1798, 3« Charles Moor, 1799, 39 George Lawrence, 1800, 40 J ames Guthrie, 1801, 41 John Youle, 1802, 42 William Jessop, 1803, 43 Samuel Sketchley, 1804, 44 Thomas Stansall, 1805, 45 Thomas Bland, 1806,46 William Parker, 1807, 47 Robert Buck, M. D. 1808, 48 Richard Fisher, 1809, 49 William Ffarmerie, 1810, 50 Charles Moor, 1811, 51 Ed. Smith Godfrey, 1812,52 James Dyson, 1813,53 William Hilton, 1814, 54 William Fillingham,18l5, 55 William Readett, 1816, 56 Thomas Bland, 1817, 57 William Parker, 1818, 58 The Mayor is chosen annually on the 29th of September, and acts as a Justice of the Peace within the Borough, during his May- INCORPORATION. 449 orality, and retains the power the succeeding year. The senior Alderman, for the time being, has similar authority. The present Charter was granted by Charles II. April 4th, 1677- NAMES 8[ RESIDENCE OF THE ALDERMEN, IN 1819. Samuel Sketchley, Castle-gate, opposite the Trent Bridge Robert Buck, M. D. Wilson-street, east corner house. William Ffarmerie, Appleton-gate, the bottom house but one. Charles Moor, Balderton-gate, south-west side, centre of the house built by the late Rev. Dr. Wilson. Thomas Stansall, Vid. Market-place. Thomas Bland, Kirk-gate, north side opposite Middle-gate. William Parker, Mayor, Middle- gate, first house, west side north corner. Richard Fisher, Balderton-gate, west wing of the house occupied by Mr. Moor, Alderman. Edward Smith Godfrey, North gate, a large house on the east side. James Dyson, Vid. Market-place. William Hilton, Middle-gate, second house, west side, south end. William Fillingham, Vid, Market-place. William Readett, ditto. 450 INCORPORATION. RECORDERS. 1627, John Wood, of Woodborough. 1645, Gilbert Boun, of Normanton, near Southwell, Ser- jeant at Law. 1654, Phillip Laycock, of Woodborough. 1680, William Rastall, of Newark. 1686, Robert Lord Lexington, of Kelham. 1693, George Cartwright, of Ossington. 1723, William Cartwright, of Normanton, near Southwell. 1743, John Heron, of Newark. 1753, Robert Heron, of Newark. 1754, Thomas Heron, of Newark. 1770, Charles Mellish, of Blyth. 1777, Sir Richard Sutton, Bart, of Norwood Park. 1779, Charles Mellish, on his return from abroad. 1794, Thomas Manners Sutton, of Kelham. 1805, Job Charlton Brough, of Newark. 1806, D'Ewes Coke, Esq. 1811, John Balguy, Esq. Jun. of Nottingham. PRESENT OFFICERS of the CORPORATION. Reocrder, John Balguy, Esq. J un . Town Clerk, . . . William Edward Tallents, Esq. Constable, John Cartledge. Chamberlain, .... Robert Holmes. Sergeants at Mace, Joseph Cropper and Robert Palmer. Bellman, .... * . . John Armstrong. INCORPORATION. 451 It may not be improper, in this place, to make the reader acquainted with the very honorable means by which Newark became possessed of its right honorable Recorder in the foregoing list. James II. not having the fear of the scaf- fold before his eyes, committed more acts of despotism, in his short reign, than any of his predecessors in double the time; amongst other royal amusements of that day, he was an adept at the knack of what he called " new model- ling Corporations, viz. turning those members out who were not exactly subservient to his vile designs, and appointing in their place, men more adapted to the complexion of the times. Accordingly, in the fourth year of his reign, taking advantage of a Charter he had previous- ly been graciously pleased to impose upon them, the following emanation of royal pren - gative w r as forthwith issued. " At the Court at Whitehall * the 24th of February, 1687- * His father was executed before this house only fortj years before. 452 INCORPORATION. By the King's most excellent Ma tie and the Lords of his Ma ties most hono We privy Councel. Whereas by the Charter lately granted to the towne of Newarke upon Trent in the countie of Nottingham, a power is rsserved to his Ma tie by his order in councell to remove from their employments anie officers in the said town, his Ma tie in councell is pleased to order and it is hereby ordered that Robert Harris Mayor and Alderman William Martin, George Berkett, William Twentyman, William Hobman, and John Girton, be and they are hereby removed and displaced from their a- foresaid offices and places in the said towne of Newarke upon Trent. John Nicholas. THE KING'S LETTER. James R. Trustie and well beloved wee greet you well. Whereas wee have by order in councell thought fitt to remove Robert Marris from being Mayor of Newarke, William Martin, INCORPORATION. 453 George Berkett, William Twenty man, Wil- liam Hobman and John Girton, from being Aldermen of our said Borough. Wee have thought fitt hereby to will and require you, forthwith to elect and admit our trustie and well beloved Samuel Fdlis to be Mayor and one of the Aldermen, Robert Heron, Gilbert Standishy William Welby, Timothy Ellis and William Haslum, to be Aldermen of our Borough in the room of the persons above- mentioned, without administering unto them anie oath or oaths but the usual oath for the execution of their respective places, with which wee are pleased to dispense in their behalfe, and for so doing this shall be your warrant, and so wee bid you farewell. Given at our Court at Whitehall the 25th day of February 1687 — 8 in the fourth year of our reign. By his Ma ties command, Sunderland/' To whom this letter was addressed does not appear; but in all probability the noble Lord was the " trustie and well beloved" al- 154 INCORPORATION. luded to, as he had been previously appointed by the infamous charter before mentioned. At the revolution the dispossessed Aldermen were restored to their rank. It is not unworthy of remark, that the persons mentioned in the letter had their appointment limited to the feast of St. Michael then next ensuing. The charter then named Henry Saville, Esq. John Marris, William Baseldine, George Burbeck, Robert Marris, Isaac Sherwin, William Twentyman, William Hobman, John Girton, Richard Read, William Rastall, and Alexander Clark, Aldermen for life, unless removed for ill behaviour, or any reasonable cause. It is not difficult to conceive who were to be the judges of that ill beha- viour and reasonable cause. Robert Lord Lexington was appointed Recorder for life, also John Hobman, Town Clerk during good behaviour j a power was likewise given to the Recorder to appoint a deputy for the time being. Then follows a provision that any or all of these corporators and their successors, shall be at all times immoveable at the King's INCORPORATION. 455 pleasure under the privy seal. A power is then given of chusing two representatives to par- liament to the Mayor, Aldermen, Freemen, and Freeholders of forty shillings per annum. The reason for James' determination to a- bridge the right of election in the borough of Newark, and for his solely appointing to all the offices of the Corporation, without leaving any option to the Mayor, and Aldermen, was to procure the return of such persons only to parliament, as he imagined most likely to concur in the measures he had in contempla- tion to pursue. And that the preference given to Robert Lord Lexington by the court assay ers to the prejudice of the Marquis of Newcastle, appeared to be that the latter, as afterwards proved to be fact, wat suspected of being composed of Prince's Metal. 456 REPRESENTATIVES IN PARLIAMENT FOR THE BOROUGH OF NEWARK. It is conjectured that previous to the reign of Charles the first, Newark returned only one member, for it is upon record, so early as 1592, (33 Eliz.) Mr. Hollis and Sir Gervas Markham were candidates in opposition. The family of Markham, from its influence, by property, generally supplied the borough, with that, then expensive commodity, each place being obliged to pay their representa- tives, generally at the rate of five shillings per day:* the regular series opens as follows. * Wages of this description do not appear to have been absolutely stationary, as in 14 Ed. III. (1341) Robert de Manners, ancestor of the present Duke of Rutland, and Sir William Felton received 23$. 4d. for 58 days attendance REPRESENTATIVES IN PARLIAMENT. 457 1661. Being the first Parliament of Charles the second, Sir Richard Rothwell and Sir George Markham were elected, 1689. The first Parliament of William and Mary, George Saville, of Rufford, and the Honorable Conyers Darcey. 1700. John Raynor and James Sanderson were declared by a vote of the House of Commons to be the sitting mem- bers; and Sir Francis Molineux, who had been returned by the Mayor, not to have been duly elected. 1707. James Sanderson and John Digby. 1710. Sir Thomas Willoughby, of Woollaton, and Richard Newdigate, of Newark. 1711. Sir Thomas Willoughby being called up to the House of Peers, by the title of Baron Middleton of Middleton, in the county of Warwick; he was suc- ceeded by the Honorable Brigadier General Sutton. each as representatives of the County of Northumberland ; this was somewhat below the usual rates ; but perhaps labour was then, as now, cheaper in the north than the south. G G 458 REPRESENTATIVES IN PARLIAMENT. 1713. Brigadier General Sutton and Richard Newdigate. 1714. The first Parliament of George the first, Brigadier General Sutton and the Honorable Conyers Darcey, who appear to have continued till 1723. When Brigadier General Sutton and Sir Mathew Jenison were returned. I727. Brigadier General Sutton and the Ho- norable James Pelham. I734. The same persons re-elected. 1737. Brigadier General Sutton dying he was succeeded by Lord William Manners, 1741. Lord William Manners and Job Staun- ton Charlton of Staunton were elected and served in this and the ensuing Parliament. 1754. John Manners, the eldest son of Lord William, and Job Staunton Charlton. 1761. The latter retired, and John Manners and Thomas Thoroton were returned. 1768. John Manners and the Right Honorable John Shelley. 1774. George Sutton, the eldest son of Lord George Sutton and Major General Sir Henry Clinton. REPRESENTATIVES IN PARLIAMENT. 459 1780. George Sutton, gave place to his father the Right Honorable Lord George Sutton, who, with Major General, then Sir Henry Clinton, Knight of the Bath, was returned. 1783. John Manners Sutton, the second son of Lord George, on the decease of his father was elected. 1784. John Manners Sutton and the Right Honorable Constantine John Lord Mulgrave. 1/90. John Manners Sutton and Lieutenant Colonel William Crosbie. 1796. John Manners Sutton declined in favour of his younger brother Thomas Man- ners Sutton, who, with Colonel Mark Wood, was returned. 1797. Thomas Manners Sutton re-elected, on vacancy by accepting an office under the Crown. 1802. Thomas Manners Sutton re-elected on the same occasion. 1802. At the general election, Thomas Man- ners Sutton and Admiral Sir Charles Morris Pole. G <; 2 460 REPRESENTATIVES IN PARLIAMENT. 1805. Thomas Manners Sutton again vacated^ and Henry Willoughby was elected, 1806. General Cotton and Henry Willoughby. 1812* General Cotton and Henry Willoughby, 1814. General Cotton being called to the House of Peers, by the title of Lord Combermere, George Hay Dawkins Pennant was elected. 1818. Henry Willoughby and General Sir William Henry Clinton. 461 ANCIENT TOPOGRAPHY OF NEWARK. It has been before hinted that Newark, during the Saxon Heptarchy, was not a place of much consequence or extent and it may be collected from Doomsday Book, that at the Norman invasion some English cities appear to be little better than villages of the present day. Even York, although it was always the second, or at least the third, city in England, and the capital of a great province, contained but 1418 families. In Norwich were 738 houses, Exeter 315, Ipswich 538, Northamp- ton 60, Hertford 146, Canterbury 262, Bath 64, Southampton 84, Warwick 225. As New- ark did not hold rank with these places, it may be fairly inferred the size and population was inferior to most if not all of them. It is 462 ANCIENT TOPOGRAPHY. observable that although the number of inhabit- ants and of course of dwellings, has prodi- giously increased within the last century, nevertheless the ichnography has been much the same for the six last centuries, till within a few years past, the greater part of the present streets still retaining or nearly, their original names. POTTER-J)IKE, NOW LOMBARD-STREET. Called by Docter Stukely, Pottor's-ditch, and supposed by him to be even of Roman extraction; but the reader may attach what- ever degree of credit to the idea he thinks proper. BALDERTON-GATE. A Messuage in this street was given by John Durant, of Newark, to Hugh de Shelton, son of Robert de Flintham, by deed dated 26 Ed. I. A. D. 1298. BARN BY-GATE. In the same year, Roger de Montford and Margaret his wife received a grant from William de Scampton, of all his right in a Messuage in Barnby-gate. ANCIENT TOPOGRAPHY. 463 STODEMERE-STRBET. The Procurator of the Guild of St. Peter, Simon de Botisford, with the consent of his brethren, granted to Robert de Morton, a Messuage in Stodemere-street, in Newark, 9 Ed. III. A. D. 1335. MIDDLE-GATE. Richard Brown, of Newark, released by deed to William de Storkum, a Messuage and two Shops in this Street, 31 Ed. III. A. D. 1357. CARTER-GATE. Robert de Burton, Vicar of Wigtoft, Line, granted to William Ansell, Vicar of Stoke, one Messuage in Newark, in the Carter-gate, 1 R. II. A. D. 1377- CASTLE-GATE. This Street is probably nearly as ancient as the edifice from which it takes its name, it is however on record that Richard Hallam, of Retford, and others did grant unco Robert Brown, a Messuage in Castle-gate, lying between the Castle of the Lord Bishop of Lincoln, and aMessuage of the Holy Trinty to the south, the King's highway, called Castle- 464 ANCIENT TOPOGRAPHY. gate, to the east, and the River Trent on the west, 13 Hen, VIII. A. D. 1522. This Estate in the year 1532, was devised by the grantee, in conjuction with numerous others, to Trustees, for charitable uses and sold under the Act of Parliament of 1773. BEAMOND. Vid. Brown's Schedule, A. D. 1532. NORTH-GATE. Thomas Wheatley, of South Scarle, released to Robert Markham and others, a Messuage in Newark, in a street called North-gate, 25 H. VIII. A. D. 1534. MILN-GATE. William Molyneax, of Hawton purchased of Richard Whalley of Shelford, one messuage in Milne-gate Newark, 32 H. VIII. A. D. 1651. PARISH-LANE. Vid. Johnson's Donation, 1655. KIRK-GATE, Vid. St. Leonard's Hospital Chief Rents, A, D. 1605. APPLETON-GATE. Vid. Chapman's Donation, A. D. 1619. ANCIENT TOPOGRAPHY. 465 Although not any documents of higher antiquity have been obtainted on behalf of the two last mentioned streets nevertheless the former in respect of situation, and the latter from the circumstance of the religious houses, claim considerable observation. CODDINGTON-LANE. Vid. Phillipott's Schedule. OBLITERATED SITUATIONS Coke- Saffern Cont- OIS .LIU -rowe, 1 rn-yard, S. -croft, \ Pavement, Vid. Phillipott's Schedule. 466 ANCIENT INNS. SARACEN'S HEAD, MARKET-PLACE. 1341. (14 Ed. III.) A release by William Burnack of the whole of the said Inn. 1399. (22 R. II.) Feoffment of part of the said Inn, by William de Leek, Simon de Leek, John de Leek, and Richard de Wakefield, to Thurlby and Aylston. 1399. Feoffment by Thurlston and Aylston, to Sir John Leek and Richard de Wakefield. 1399. Release from Roger de Bildesthorpe to Richard de Wakefield, of his right in part of the said premises. 1404. (5 Hen. IV.) Feoffment by John de Bildesthorpe and Emma his wife, to Sir John Leek, John de Wakefield, and Richard de Wakefield of the said Inn. ANCIENT INNS. 467 1405. (6 Hen. IV.) Lease from Sir John Bur- nack to John Greene of his greate inne, from the Market Stede to Potterdyke, rent eleven Marks sterling. 1442. (20 Hen. VI.) Feoffment by Richard Wakefield, to certain persons of his part of the Saracen's Head Inn. 1461. (1 Ed. IV.) Grant by Thomas Wake- field to the Lord Abbot of Welbeck, of forty shillings rent out of his part of the Saracen's Head Inn, and other Messuages in Newark. 1485, (1 Hen. VII) Lease by A. Frecheville to Richard Botteral of the Saracen's Head, at the yearly rent of ten pounds. (— Hen. VII.) Conveyance by Ann Frecheville to Revel, of Oggston, of the Saracen's Head Inn. 1538. (29 Hen. VIII.) Conveyance by Martin Richardson to Richard Lucas, of one third part the said premises. 1564. (6 Eliz.) Lease from John Revell of Shirland Lodge, to Hugh Byrkit and Elizabeth his wife, of two parts of the Saracen's Head Inn, together with 468 ANCIENT INNS. some land for the term of twenty-one years, excepting a certain shop, part of the said premises, in the possession of John Twentyman. 1584. (26 Eliz.) Conveyance of two parts of the Saracen's Head Inn, by John Revell of Mansfield, to Peter Lucas, eldest son of the before mentioned Richard Lucas. 1590. (32 Eliz.) Conveyance of a part of the Saracen's Head Inn, adjoining the Market-place, by Bryan Lucas, son of Peter Lucas, to John Twentyman. 1592. (34 Eliz.) Conveyance of the remain- der by the same to the same. The Saracen's Head Inn continued in dif- ferent branches of the family, till the year 1720, when it was sold by John Twentyman to John Herring, who in the succeeding year rebuilt and devised it to his second son John Herring, from whose widow it devolved to her only daughter Arabella, the wife of the Rev. John Ridghill, by whom it was conveyed to James- Clark, the then occupier, in 1784 ; soon after ANCIENT INNS. 469 which it was sold to the Duke of Newcastle, in whose family the proprietorship now re- mains. On the retiring of Mr. Clark in 1784, Mr. William Thompson, who had for some years occupied the Saracen's Head at Southwell, became tenant to these premises, which he continued to hold much to the satisfaction of the public, until Lady-day, 1819, when he quitted the bustle of an active life in Newark for the rural scenes of Winthorpe. It was to this place Colonel John Hutchinson was re- moved subsequent to the brutal treatment re- ceived by him at the Talbot. A modern writer, transcribing from the Harleam Miscellany, and speaking of this cir- cumstance, says, u Sir Francis Leek and Cecil Cooper, were the active agents of government in this disgraceful imprisonment, though the latter of the two mixed the humanity of a gentle- man in his treatment of the prisoner, with the violence of a determined courtier" If credit may be allowed to the Colonel's widow, Mrs. 470 ANCIENT INNS. Lucy Hutchinson, who wrote the life of her husband, whilst the transaction was still clear in memory, this charge of active agency against Mr. Cooper is not strictly correct ; as the mat- ter particularly attaches to Newark, it is pre- sented to the reader verbatim. " While these poore people (speaking- of some nonconform- ists) were in prison, the collonell sent them some mony, and as soon as their time was ex- pired, Mr. Palmer came to Owthorpe to give him thanks, and preacht there one Lord's day. Whether this were taken notice of is not evi- dent, but within a short time after, upon the Lord's day, the 11th of October, 1663, the collonell having that day finisht the expound- ing of the Epistle to the Romans to his house- hold, and the servants being gone out of the parlour from him, one of them came in and told him souldiers were come to the towne. He was not at all surprised, but stay'd in the roome till they came in, who were conducted by Atkinson, one of those Newark men, who had so violently before prosecuted him at the parliament, and he told the collonell he must goe^ along with them, after they had search* ANCIENT INNS. 471 the house; for which the collonell required their commission, which at the first they say'd they need not shew, but after they shewM him an order from Mr. Francis Leke, one of the deputy lieftenants, forthwith to repayre to his house, to search for and bring away what armes they could find, and to seize his person. All which they did, and found no armes in the house, but four birding gunns, that hong open in the kitchen, which being the young gentle- men' s, at that time they left. It was after sunsett when they came, and they were at least two howers searching every corner and all about the house, and the collonell was not at that time very well in health, and not having been for six months before on horseback, had neither horses nor saddles at that time in the house; the coachman was also gone away, and the coach horses turned out, and it was as bitter, a stormie, pitchie, dark, blacke raynie night, as anie that ceme that yeare; all which consid^r'd, the collonell desir'd that they would but stay for the morning light, that he misjht accommodate himself: but they would not, bur tbrc'd him to goe then allong with them, his 472 ANCIENT INNS. eldest sonne lending him a horse, and also voluntarily accompanying him to Newark, where, about foure of the clock in the morning, he was brought into the Talbott, and put into a most vile roome, and two souldiers kept guard upon him in that roome. And now what thy ayl'd wee knew not, but they were all seiz'd with a panick feare, and the whole country fiercely allarum'd, and kept at Newark many dayes at intollerable charges, and I thinke they never yett knew what they were sent for in to doe, but to guard Coll. Hutchinson ; who being at first put into a/roome that look'd into the streete, was re- moov'd after into a back roome, worse, if worse could be, and so bad that they would not lett the Duke of Buckingham's footemen lodge in it : and here he continued, no man comming at him nor letting him know why he was brought in. The next day Mrs. Hutchinson sent him some linnen, and as soone as the man came, Tomson, the host of the inne, would not suffer him to see his master, but seizM him and kept him prisoner two days. Mr. Thomas ANCIENT INNS, 473 Hutchinson had a mare which the inn-keeper had a desire to buy, and his father persuaded him to lett him have her worth mony, who thereupon agreed on the price, only Tomson deslr'd him to lett him trie the mare six miles, which he condescended to, upon condition that if Tomson ridd the mare above six miles he should pay the mony for her, and furnish Mr Hutchinson with a horse home, or to my Lord of Newcastle's, or any other occasion he had while he was^t Newark. Upon this bar- gaine Tomson had the mare, but instead of going but six miles, led a greater partie of horse than those who first seized the colonell, to Owthorpe, and coming in after sunsett, to the affright of Mrs. Hutchinson and her chil- dren, againe searcht their house more narrowly if possible than at first, with much more inso- lent behaviour, although they found no more than at first; but they tooke away the birding gunns they had left before, and from Owthorpe they went to Nottingham, where they tooke one captain Wright and lieftenant Franck, who had bene Lambert's agitant-generall, and brought the poore men to Newark, where H H 474 ANCIENT INNS. they are yett prisoners, and to this day they know not why."* " When Tomson came back, Mr. Hutchin- son, out of the window, spied his owne gunne, which some of the men had brought in, and soone understood that this rogue had made use of his owne horse to plunder him. At night Tomson, the host, came up into the colonell's chamber, and behaved himself most insolently, whereupon the colonell snajphed up a candle* stick and lay'd him over the chaps with it, whereupon Mr. Leke, being in the house, and hearing the bustle, with others, came in with drawne swords, and the collonell tooke that opportunity to tell him, that he stood upon iustification, and desired to know his crime and his accusers, and that till then he was content to be kept as safe as they would have him, but desired to be delivered out of the hands of that insolent fellow, and to have accommodation fitt for gentleman; which * This shews the history was written while the events jwere recent. ANCIENT INNS. 475 when they saw lie would not be without, for hfe would eat no more meat in that house, they after two days removed him to the next inne, where he was civilly treated, with guards still remaining upon him/ 1 " The 19th of October Mr. Leke, with a party of horse, carried the collonell to the Marquesse of Newcastle's, who treated him very honorably; and then falling into discourse with him, " Collonell," sayth he " they say you desire to know your accusers, which is more than I know." And thereupon very freely shew'd him the Duke of Buckingham's letter commanding him to imprison the col- lonell and others, upon suspition of a plott, which my lord was so fully satisfied the col- lonell was innocent of, that he dismist him without a guard to his owne house, only engaging him to stay there one weeke, till he gave an account to the counsell, upon which he was confident of his liberty." " The collonell thus dismist, came home, and upon the 22nd day of October, a party of hh2 4-76 ANCIENT INNS. horse, sent only with a wretched corpora!^ came about 11 of the clock with a warrant from Mr. Leke, and fetched him back to New- ark, to the inne where he was before, Mr. Twentyman's, who being still civill to him, whisper' d him as soone as he allighted, that it was determined he should be close prisoner; whereupon the collonell say'd he would no more pay any centinells that they sett upon him, yett they sett two hired souldiers, having now dismist the county, but the collonell for- bade, the inne to give them anie drinke, or anie thing elce upon his account. The next day, being the 23d, Mr. Leke came to him and shew'd him a letter from my lord New- castle, wherein my lord writ that he was sorry he could not persue that kindnesse he intend- ed the collonell, believing him innocent, for that he had received a command from Buck- ingham to keepe him close prisoner, without pen, inke, or paper ; and to shew the reallity of this, with the order he sent a copie of the duke's letter, which was also shew'd the col- lonell; and in it was this expression, " that though he could not make it out as yett, he hop'd ANCIENT INNS. 4// he should bring Mr. Hutchinson into the plott" Mr. Leke having communicated these orders to Mr. Hutchinson, told him he was to goe to London, and should leave him in charge of the maior of Newark/' " After Mr. Leke was gone, the maior, one Herring, of Newark, a rich, but simple fellow, sent the iayler to Mr. Hutchinson, to tell him he must goe to his house ; which the collonell refusing to doe voluntarily, without a mittimus from some magistrate, the maior sent five constables and two souldiers, who by violence, both forc'd the collonell out of his quarters, and into the iayle without any legall committment, although the collonell warn'd both the iayler and the men of the danger of the law, by this illegall imprisonment. The collonell would not advance at all into the prison ; into which the men would faine have entreated him ; but when they saw they could not perswade, they violently thrust him in,* * This prison and Butter Cross, stood about ten yard; from the end of the house now occupied by Mr. Andrew-;, towards the Kington Arms, on its removal, a house on the 478 ANCIENT INNS. where the iayler afterwards used him pretty civilly; but the roome being unfitt for him, he gott cold and fell very sick, when, upon the 27th of October, Mr. Leke, with the marquesses secretary came to him, arid found him soe, and acquainted him, that the mar- quesse had receivM expresse orders from the king, to send him up in safe custody to Lon- don. Mr. Leke finding him so ill, was so civill to permitt him to goe by his owne house, which was as neare a road, that he might there take accommodations for his iourney, and be carried up at more ease, in his owne coach. The same 27th day, att night, his house at Owthorpe was againe searcht, and he and his wife being abroad, all their boxes and cabinetts broken open, and all their papers rifled, but yett for all this they could find nothing to colour their iniustice to him." " Having been falsely and illegally impri- son'd, from six of the clock on friday night Dry-bridge was used for that purpose. Vid. Phillipott's valuation. This continued till the erection of the new gaol, in 1786. ANCIENT INNS. 1J9 the 23d of October, till ten of the clock in the morning October the 28th, he was then, in order to his going to London, brought by Beck the iayler to Twentyman's the inne, from whence he was hal'd, to stay there till a com- manded party of the county horse came to guard him to London. But one devision of the county who had warrants sent them, not comming in, Atkinson sent into that part where the collonell liv'd, and his owne neigh- bours comming slowly and unwillingly to that service, he was forc'd to stay there all that day till night in the custody of the iayler. At night, when he was in bed, the maior being ilrunke commanded him to be carried back to the iayle, but the iayler, weary of his drunken commands, sat up with two souldiers, and guarded him in the inne/' "The next day the partie not being come in, a meane fellow, that was appointed to command the collonell's guard, one corporal I Wilson, came and told him that he must not goe by his owne house, nor have the privil- ledge of his coach, but be carried up another 480 ANCIENT INNS. way, whereupon the collonell sent to Atkinson to desire fyim he might not be denied that civillity Mf. Leke had allowed him, but he was so peevish and obstinate that the collonell was sending his sonne post to the Marquesse of Newcastle, to complain of his mallitious inhumanity, who would have forc'd him on horseback without any accoindation, when he was so ill that he could not have ridden one stage without manifest hazard of his life ; and yett Mr. Cecil Cooper and Mr. Whalley, though iustices and deputy lieftenants, could not prevaile with him, till he saw the collonell as resolute as himselfe ; and then at last, by their mediation (wherein Mr. Cecil Cooper did something redeeme his former causeless hatred, which made him plunder the house, and deteine the plunder when it was ordered back).* The collonell, about sunsett was sent out of Newark, with those horse that were * This occurrence happened in December 1660, but it is not to be understood that Captain Cooper was present at the transaction ; though it must be confessed Lieutenant Broughton and Cornet Andrews, with the company were under his orders. ANCIENT INNS' 181 * in, to stay for the rest at his own house. Thus the collonell tooke his last leave of Newark." The treatment Colonel Hutchinson received during his confinement at Newark has cer- tainly the appearance of harshness in the extreme; but it must be recollected, the virulence ot party spirit was, by revulsion, at this time in its full operative malignity : the powers of Newark had now in their hands ihe man who once was the very life and soul of ther neighbouring opponents, he who baffled their repeated attempts upon the Castle at Nottingham, whose name was to be found prominent on the list of those who sat in judgment upon their favorite Charles and who was one of the actual Commissioners under whom the articles of capitulation were drawn up, which submitted to an enemy their native town and maiden castle, and though, without the least doubt, they were as Men, humane, hospitable and benevolent, as Christians chari- table and forgiving and as Soldiers generous and bv nevertheless to the eye ot the 482 ANCIENT INNS. partizan magnanimity ever appears arrayed in the garb of folly. THE TALBOT, IN CARTER-GATE. 1341, (14 Ed. III.) Henry deEdwinstowe and Robert his brother did grant, by the king's licence, unto the Prior and religious men of the priory of Newsted in Shire wood, the manor North Musk- ham, together with the appurtenances of all kinds, including villains, &c. also two tofts in the parish of Newerck, and a certain inn there known by the name of Vertagus, to support two priests in the said religious house. Although it is highly probable the present house of entertainment in Carter-gate known by the name of the Talbot stands on the site of the old inn, yet at that time it could not have obtained such appellation, as the family of Talbot was not ennobled till the 20 Hen. VI. (1442) and of course not entitled to use those heraldic supporters, from which the animal ANCIENT INNS. 483 usually called Talbot took its rise : besides Vertagus, or the Tumbler, is of a very different genus, being of the greyhound tribe, and now degenerated into what is called the lurcher, nevertheless the front of the ancient inn might have exhibited that sign, as they were, in those days, dogs of the highest notoriety. The above recited gift of the premises in Newark is liable to some doubt, for, the Rufford Register which contains the grant of Muskham by the Edwinstowe's and fifteen other deeds of the like nature to the priory, is entirely silent on that head. WHITE HART, IN THE MARKET-PLACE. 1413, (14 Hen. IV.) By Deed, Adam Crey- mars de Newark, and Amicia his wife, gave to Walter their son and Johanna his wife, daughter of Roger de Myster- ton and Johanna his wife, all that house known by the name of the White Hart, in the Market Stede of Newark, and pausing backward to the 484 ANCIENT INNS. street called 'Carter-gate in the same, abutting, on the north, upon the house of Gregory Barton, and on the west on the shop of Robert Scuffin. The original house is still standing, though probably reduced by sales at different times; the shop adjoining, to the west, now in the occupation of Messrs. Hilton and Chambers, is in the same style of building and may be held as a part of the dissevered premises. The inn is now the property of Lord Middleton, and occupied by Mr. Robert Crampern. SWAN AND SALMON, IN CASTLE GATE. 1521, (12 Hen. VIII.) It is said an inn known by the same name and on the site of the present house, was specified to be the southern boundary of a Messuage conveyed, under a deed bearing this date, by Richard Haslam, with Agnes his wife and Agnes Moisley,* to Robert * Vid. page 29 and 35. ANCIENT INNS, 485 Browney, Esq. If Mr. Browney re- ceived Livery of Seisin in the literal sense, perhaps the premises, whatever might have been the pecuniary con- sideration, would not be found too cheap; but this seems to be recapitula- tion of the conveyance to Robert Brown. 486 ANCIENT PAVING. In common, with most of the towns in England, Newark appears to have been immersed in mud or enveloped by dust till the 27th year of the reign of Queen Elizabeth, A. D. 1585, when an act of parliament was passed for paving the streets of this place. Perhaps cleanliness, in those days, might have been looked upon as a dangerous innovation, for the work went on so very slowly that in the 18th of James I. thirty-six years afterward?, the paving of the Market-place was only begun, and at last but partially effected, there not being any more than a causeway, six feet in breadth, from the house at the west corner of the Market-place, afterwards occupied by Hercules Clay, to the south porch of the Church.* At that time there was a Cross in * If the encroachment upon the north side of the ANCIENT PAVING. 487 the Market-place, near to which the pavement passed, and opposite to it, in the work, was inserted the initials of Henry Webster, the workman's name together with the date. H. W. 1619. The place called the Pavement recited in Brown's Schedule 1532, wheresoever it might be situated, was 87 years previous to this last mentioned work. Market-place had been made previously to this event, would not the causeway have been described as extending to Church-lane instead of to the south porch? 488 Inhabitants of various parts of Newark, at the commencement of the seventeenth century, transcribed from a terrier of "Chief Rents due unto the Right Honorable William Lord Burghley, in right of the Hospital of Saint Leonard, by Newarke, at Michaelmas, 1605. MARKET-STEAD. Gilbert Francis, iiii^. ob. Matthewe Wilson, xd. William Tailor, iiiie?. William Shipman, vid. Andrewe Ellis, vid, Joshua Noble, vid. Matthewe Bloncke, iiis. William Standi ey, vid. Joseph Holland, viiid. ob. Christopher Jenneson, vid, Henry Webster, xd. Widowe Lightfoote, vid, Edward Brathericke, iis.iiii^. Christopher Thompson, vid* William Standish, vd, John Simonds for the 1 ., , Edward Kelsterne, ra. xrf. GuiUe of our Ladie J ' Jos. Twentyman, his. Hid. ob, Christopher Jenneson, vid, KIRKE-GATE. Richard Webster, vd, Richard Mercer, xiic?. ob, Widowe Dove, vd, Widowe Marston, xd. Francis Jacksonne, vd, Mitchell Hutley, viftd. Widowe Meller, vid. Sir Francis Leeke, iiisiid. Jeffray Bracebridge, vid. Robert Butcher, viiid. Edward Yoxall, xvitf. Edward Rixton, xliiirf. William Wand, xiitf. Gervase Bowman, xid. Robert Cooke, xiirf. Robert Butcher, vid. Henry Guill, Us, MIDDLE-GATE. Christ. Jenneson, for 1 ~ a Mr. Cane, virf." the Tanners and all J 489 THE WORKHOUSE. >§§!< By the dissolution of monastic and other religious foundations in the time of Henry the Eighth, the poor of England were deprived of the principal source of their subsistence. For- merly the maintenance of the Poor was, in a great measure, an ecclesiastical concern, one fourth part of the tithes in every parish being set apart for that purpose. The Minister, un- der the Bishop, had the principal direction in the disposal thereof, assisted by the church- wardens and other principal inhabitants. In process of time, when the tithes of many parishes, collectively, became appropriated to the monasteries, those societies contributed very largely towards the relief of the poor, who were, in many instances daily fed at the gates of the convents. Voluntary alms sup- plied the remainder. i i 490 THE WORKHOUSE. Although the lives of some of the holy brother and sisterhood within many of the Abbies and other religious walls were very far from being exemplary patterns, yet it is highly probable their vices were magnified by the journeymen robbers of the rapacious Henry. Vile were they indeed, if they merited a halter in a greater degree than that tyrant. PROGRESSIVE MODES OF MANAGING THE POOR. By the statute of 27 H. VIII. (1536) The churchwardens, or two other of every parish, were to make collections for the poor, on Sundays. By 5 and 6 Ed. VI. (1552 and 3). The Minister and Churchwardens, were annually to appoint two able persons or more to be gather- ers and collectors of alms for the poor. By 5 Eliz. (1563) The parishioners were to chuse the said collectors and gatherers for the poor. By 14 Eliz. (1572) The Justices were to appoint collectors for the poor within every parish | and were also to appoint the 4&\itt$ttt THE WORKHOUSE. 491 of the poor, whose office was nearly the same as at present, except only for collecting the money, which was done by the aforesaid gatherers or collectors. By 18Eliz. (15/6) The Justices were to appoint collectors and 430toCttlQC3» of the poor. By39Eliz. (1597) The churchwardens of every parish, and four substantial householders there, being subsidy men* or for want of sub- sidy men, four other substantial householders, to be nominated in Easter week by two Justices, one of whom to be of the quommfi were to be called Oversee / rs of the Poor of the same parish. And by 43Eliz. (1601) The churchwardens of every parish, and four, three or hvo substan- tial householders there, as shall be thought meet, having respect to the greatness of the pai*ish, to be nominated y early in Easter week, or within one month after Easter, under the hand and seal of two or more Justices of the peace in the same county, whereof one shall be of the quorum, dwelling in or near the parish or division, shall be called Overseers of the Poor of the same pa- * Payers of the King's taxes. f>i, l>e(ore w horn all matters of importance must be transacted. i i 2 492 THE WORKHOUSE. risk.- The present mode is nearly the same* But, returning to the immediate subject. This receptacle for the poor of the parish of Newark is situated at the south eastern extremity of the town, not far from Beau- mond Cross; the building large and substantial, composed of brick, and excellently adapted to the purpose; every convenience requisite to the health and comfort of its inhabitants is to be found within its walls. The greatest attention is paid to the quality of the provisions, and plenty with economy walk hand in hand. The cleanliness exhibited in every part of the mansion beggars description, it is barely possible to be equalled, but decided certainty forbids its being surpassed. Governor, Samuel Longden, Matron, Mrs. Longden* Over the entrance is inscribed THIS WORKHOUSE, BUILT FROM THE ESTATES OF Magnus^ Brown and Phillipott, 1786. Before this subject is dismissed, it would be manifest injustice to pass over, without due THE WORKHOUSE. 493 encomium, the strict regularity and minute attention which is paid, by the present perma- nent Overseer, Mr. Edward Cartledge, in every direction of his most arduous undertaking. Steady, perceptive, and systematic, difficulty of office has nearly become an obsolete term at Newark. The accompts are audited every week, and scrutinized by vouchers. The annual closing is made in open vestry. # In cities and superior boroughs, a perma- nent overseer is an officer of the highest esti- mation ; in petty market towns and villages, where the generality of those who are liable are nearly of equality in capability of acting, he is a pest of the vilest description: appointed only to be a tool, to his immediate employers. In the course of the year 1818, a great num- ber of copies of the following fair and candid statement of Receipts and Disbursements were printed and generally distributed amongst the inhabitants of Newark, for inspection. The honesty of its motive, is reason sufficient for publication; in future time it will mark the complexion of the age, and in time present may operate as a stimulus to other places. 494 v. S .^ •** I „ <2 ©* & ^ ^s, < ^^ #** <^> < 4 "8 8 fti THE WORKHOUSE a &-1 fix « ^ ^ tfi OS t>» a> © 00C1O OO 5 H N ^ rj< o s 8 ^ '•J QP ^ (X S5-S S T3 en ^ » ?o to *s' 00 © ft coH •N Oj go- f^ ' o « «-^ t-i ■*-» ^ ft 0) en ft O > d c3 •50s -ft S c* d ^ ft t- ft. ft * »v rtl •* 00 00 <1) 5»% .ft .ft O -ft « *S uj" " A " 'S S jr ^ cfl ^ t- ■"& a) > a> ^ % .ft *•& M B ift « "S •£ ~ ^ .a « n-^C/3 ^ c« M •"*■< N .ft £.+* M ft CO ^ -ft «s *fl "ft ^.d .-° a . s S s CO 00 «ft tft •M »-^ Oi ft d ft ft d0< c^ oo 0) J3 5/3 .• * - d £«*h (Q CA ^ ft CD U so* bo £ bo 0) ft -ft 9 8 "5 s o d d O > d o O O tft CO X t s O "S £ ■5«» a -8 ^ -4 O .a ■*■* 6- ^5 2 a- V I? s 496 THE WORKHOUSE. A SLIGHT VIEW OF FORMER TIMES. The present poor and labouring classes of society, are, but too much, in the habit of fostering discontent, -at what they style the hardness of their situation ; the good old days of yore are frequently contrasted with those of the last and this century. It is an act of humanity to withdraw the veil of antiquity which shrouds those blessed days ; could they be gratified with what they seem so ardently to long after, it is somewhat to be doubted whether their appetites would be remarkably keen for the possession of such signal benefits as might appear to court them. By the statute 5 Eliz. all common labourers, being persons able in body, using loitering, and refusing to work for such reasonable wages as are commonly given in the parts wherein such persons dwell, shall be adjudged Rogues and Vagabonds. THE FIRST PUNISHMENT OF A VAGABOND. On conviction to be grievously whipped, THE WORKHOUSE. 497 and burnt through the gristle of the right ear with an hot iron, of the compass of an inch about, manifesting his roguish kind of life, and punishment received for the same. These were to be accounted rogues in the first degree. ROGUES IN THE SECOND DEGREE. On similar conviction within 40 days, to be adjudged Felons. ROGUES IN THE THIRD DEGREE. If convicted again, to be accounted Felons, without benefit of the Clergy. Every person between the ages of 12 and 60, not being an artificer, apprentice, fisher or mariner, and not being worth ^10. in goods or chattels, compellable to serve in husbandry. All artificers and labourers, being hired for wages by the day or week, shall, between the middle of the months of March and September, be, and continue at their work, at or before 5 of the clock in the morning, and remain at work and not depart until betwixt 7 and 8 of the clock at night, except it be in the time of 498 the workhouse. breakfast, dinner or drinking, the which times shall not exceed, at the most two hours and a half in the day, that is to say, at every drinking, one half hour, for his dinner one hour, and for his sleep, when he is allowed to sleep (the which is from the middle of May till the middle of August) half an hour at the most, and at every breakfast one half hour. All artificers compellable to work in harvest. All unmarried women Between the ages of 12 and 50 compellable to serve by the year, week or day, for such wages as the Justices shall think fit. No rogue to be brought out of Ireland or the Isle of Man ; if brought, by any means whatever, such Maniske or Irish Rogue to be carried back again. There seems to be a considerable portion of sense in the last clause. So much for the good old days of yore. THE BOROUGH GAOL, Is situated within the walls of the Work- house. Gaoler, William Cropper. 499 *~ 3 -r a & fa c w~> c/) r< £u bo OS t3 o *■< Ui o cu 3 «*-» o Sn jg 2 § «- +j C a> 2"-S O.T3 Ch o3 O '5S £.g u fe « b£.S £ s:^ .S a; a as O pfl "53 S s.2 03 ^ s > 2§ S-H 5*a r2 *+3 a 0J.S -«2 OP 0> o « S o o 0) bo 03 -S exce inuti '73 fcD 5- s Id far the m a 3 M 3 > S o Pi « "S> P +* V 03 O £ Is go 5^ r ^s £ 9 * g I 22 £ 32 o QQ2 g b2 «/: 9 Pi i 3 ^ a T3 H oT ♦^> E 2 > 9 "?• ts « *s OQZQ o -3 o-o 500 PRESENT STATE OF NEWARK. CM S3 ,5 -a o 3- Q tA 3 s 2 3 3 • V 3 a S •fi. o u t« rC s 'S H fa £ i— » 8 p* 13 OB • Self. Self. Fors Caw d 1 5 03 o as he O U U, .5 *h _ o •- , fen** 2 1? BB ^ M E , SJ o If) o p- 9 ^ (A ««* i •i i J £ o •** (A 1 U0 a 1 *> s c a 502 PRESENT STATE OF NEWARK. PRINCIPAL STREETS. Appleton-gate. Castle-gate. Mill gate. Balderten-gate, Kirk-gate. North-gate. Barnby-gate. Lombard-street. Stodman-street. Carter- gate. Middle-gate. Wilson- street. In these streets are still remaining many ancient houses, excepting the last, which was erected by the Rev. Dr. Wilson, the houses are here uniform, and the commencement of their building was on old May-day, 1766. STREETS MORE MODERN, TOGETHER WITH LANES, ROWS, Sfc. BOTH ANCIENT AND MODERN, Their Situations and Connections. Pelham- street, connecting Mill-gate, with the Farndon-road. Portland-street, Beaumond-cross, with Ditto. Guildhall- street, Balderton-gate, .... Barnby-gate. Hill-end, Mill-gate, ....Lombard-street. Old Shambles, Kirk-gate, Market-place. Church-lane, Market-place, with S . door of Church St. MarkVlane, Stodman-street, with Lombard* street. Mount-lane, Appleton gate, . . . Wilson street. Mount-square, connected Mount-lane. Boar-lane, connecting Middle-gate, ....Castle-gate. Hawton-lane, Beaumond Cross, . . . Hawton-road. Mill-lane, Mill-gate, Waterside. PRESENT STATE OF NEWARK. 503 Water-lane, North-gate, .... Waterside. Broadhurst's Row Ditto, .... Lover's Lane. Sheppard's Row, Ditto, .... Ditto. Millington's Row, Winthorpe Road . . . . Ditto. Tenter Buildings, insulated on Winthorpe Road. Lincoln-row Collingham-row,connectingNorth-gate, with Wilson- street. Tallents' Row, in Pelham-street. Paxton's Court, connecting Kirk-gate, with Slaughter-houses. Portland-place, in Portland-street. Chain-lane, connecting Market-place, with Middle-gate, CawkwelFs Yard, Stodman-street, .... Lombard- street. Cross Guns Yard, • in Balderton-gate. Farndon-row, connecting Lombard-street, with Portland-street. PRICES OF SEVERAL ARTICLES AT NEWARK, IN 1818. Wheat, Oct. 7, 84s. to 90*. p. qr. Cheese, 80s. per cwt. Barley, 70s. — 74s. Geese, 7d. to lOd p. lb. Rye, 60s. — 63s. Fowls, 2s. 6d. to 3s. 6d. p. coup. Malt, 96s. Rabbits, 2s. to 2s. 6d. Oats, 34s. — 40s. Ducks, 3s 6d. to 4s. 6d. Beans, 80s. — 84s. Turkeys, 6s. to 10s. 6d. each. Flour, (best) 3s. lOd. p. stone Pigeons, 3s. 6d. to 6s. 6d. p. doz. Beef, 6%d. to 7d. p. lb. Salmon, Is. 6d. to 2s. 6d. p. lb. Mutton, 7d. — %d Eels, Sd to 9d. Veal, 7d. — %d. Potatoes, XOd. to Is. p. peck. Pork, 7d. — M. Turnips, Is. Salt, 4s. Hd. p. st. 14 lbs. Peas, l.s. Butter, 14rf. to20 5(B VOLUNTEERS. William Thompson, .... Surgeon. George Ramsden, .... Secretary. John Allin, Sergeant Major John Cartledge, .... Quarter Master, Edward Sm alley, .... Drum Major, SERGEANTS. Charles Owen Chapman. Arkin Fletcher. Charles Smith* CORPORALS. William Lee. William Shaw. William Brunt. Drummer, James Rushton. Fifer, John Ireland Allsop Isaac Austin Samuel Bell John brooks Joseph Boler Thomas Bamsdale John Barnsdale Robert Ball George Brown William. IftmdHaslam John PRIVATES. Fisher James Flear Thomas Griffin John Godby Henry Godby George Harvey William Harrison Samuel Harris Gervase Bend Thomas Beard Joseph Cropper Richard Cooke William Clark Thomas Dixon Robert Drury William Doughty Thomas Etches John Eggleston Frederic Franks Robert Hurt Thomas Handcock Samuel Hallifax Edmund Hodson John Jackson Charles Keep William Lowe John May William Manderfield Thomas Mumby John Ives Metcalfe Alexander Middlebrook John Monks John Needham William Newbound William Oldham John Pearson William Pacey William Peel John Redman William Reavill Edward Robertson George Smith Benjamin Straps James Streets William Simpson Samuel Thompson William Uffindale George Warwick David Wand Stephen Webster William LIGHT COMPANY. John Handley, William Bland, William Holt, Captain* 1st Lieutenant. 2d Lieutenant. John Cramp ton, SERGEANTS. Titus Andrews^ William Wright. VOLUNTEERS. 509 CORPORALS i Thomas Clarke, William Gregory, Samuel Harley. Drummer y Henry Bugg. Fifer, William Brown. Aulsebrook, Richard Aulsebrook, Thos. Beedham, William Bemrose, John Brand, Thomas Bradfield, John Bugg, George Bugg, Frederick Burr ell, Thomas Buttery, Joseph Bellamy, John Childs, Martin Cawkwell, William Cook, Richard •Cook, John Con I en, Samuel Pick, Thou -as Kggiestone, Fred. Rear, John Gil strap, Joseph Graham, John Green, Smart PRIVATES. Harvey, Paul Hatfield, John Hill, William Hind, William Hodgkinsou, George Holland, James Holmes, William Holt, Samuel Hutchinson, Richard Ince, George Jackson, John Jackson, William Kennington, Thos. Leeson, William Moss, Erasmus Onn, Thomas Ordoyno, Garratt Parkinson, Thomas Pettefar, Rich. Band Ridge, James Ringrose, William Scree ton, William Smith, John Smith, John Smith, William Steeds, William Sterland, William Sterland Octavius Summers, Thomas Tinsley, Robert Townrow, Benjamin Turtle, Charles Varah, George Warsop, Samuel Watkin, John Walt ham, Joseph Wilson, James Warstinholme, J. Wimpress, Thomas Woodhead, John Band Walton, William FIRST BATTALION COMPANY. Charles Snart, Captain, Charles Moor, . . . .1st Lieutenant. John Kercheval, .. 2d Lieutenant. SERGEANTS. Robert Crampern, John Stanley, William Crowe. CORPORALS. Thomas Higginbottom, Richard Peet, John Thorpe. Drummer , Thomas Reavill. Ftfer, George Ball. PRIVATES. Abraham, Rothwell Bellamy, Samuel Brown, Joseph Aulsebrook, Thomas Brown, Joseph Brown, Robert 510 VOLUNTEERS, Brett, John Brett, George Barker, John Burton, William Birkett, John Boot, John Cawkwell, William Cleric© t, Richard Chapman, William Cottam Richard Daniel, Edward Etches, Richard Fotherby, William Gaunt, James Goss, Richard Hollis, John Hutchinson, Thos. Hays John l\ orsepool, John Hodgkinson, Thos. Hoyes, William Hickman Thomas Moss, Thomas Mabbott, Edward Moore, George Manchester, John Pils worth, William Pratt, William, Pickering, William Proctor, John, Pepper, Samuel Robinson, John Revill, Jonathan Rushton, Thomas Roberts, George Rawdon, James Reek, Henry Saxe, Philip Spencer, Thomas Sharpe John, Band Shipman, Samuel Sharpe, William 1 Smith, William Stafford, William Sheppard, Mathew N aim on, Richard Townrow, John Uffindall, William Uffindali, John Warrener, Francis Williamson, Wm. Waywood, William Wright, Joseph Wood, William Wass, John Winter, William SECOND BATTALION COMPANY. W. H, Hunter, .... Captain. Henry Forster, .... 1st Lieutenant. John Frier Congreve, %d Lieutenant. SERGEANTS. William Shields, William Cropper, John Etches. CORPORALS. William Calvert, Thomas Cartledge, John Smith* Drummer, Daniel Morley. Fifer, John HorsepooL PRIVATES. Alles, William Clayton, Matthew Blyton, John Caister, Thomas Burrows, William Collins Richard Brown, Sam. Band Cartledge Henry Bellamy, William Daubney, Thomas Bennett, William Bettinson, Thomas Bettinson, Michael Cope, Joseph Chambers, John Deeping John Fletcher, John Flint, William Groves, John Gamble, Thomas Grantham, Thomas Green, Richard Egglestone, Matthew Goadby, Francis Ellis, James Gunn, John Forster, Richard Herring, Richard Fox, John Hage, John Hogarth, John, Jarvis, William Jarvis, Thomas Kirk, Joseph Langton, William Lowther, W illiam Long, John Linney, Thomas Lupton, John Moor, James Mosley, William Mackenzie, Andrew Newton, Hugh VOLUNTEERS. Nelson, Ralph Peart, William Peet, John Palethorpe, Thomas Palethorpe, Joseph Paling, Thomas Povvdrill, James Patchett, William Potts, Thomas Reynolds, John Robinson, John Renshaw, Thomas Stanhope, Thomas 511 Turpin, Richard Tipper, Joseph Turner, John Thompson, James Wilkinson, Robert Weightman, William Wood, John Wood, Hearsay Walker, William Watson, Thomas Whittingham, George Wright, Francis THIRD BATTALION COMPANY. Joseph Benjamin Smith, Captain. William Edward Tallents, 1st Lieutenant, William Speech ly, 2d Lieutenant, SERGEANTS. Joseph Stansall, Richard Sheppard, William Overing, CORPORALS. James W T ilson, George Haywood, William Peel. Drummer , William Rawliuson Fifer, John Peel. Botham, Martin Barnes, William Berry, William Berry, John Bradley, James Beards worth EdwardFletcher, John Buckley, James Barker, John Bronsby, Joseph Bancroft, William Bains, James Heflield John Hardy, William PRIVATES. Alcock, Francis Bredon, John Abraham, Robert Bennett, George Aulsebrook, George Caseon, John Band Hansard, William Adams, William Clarke George Joynes, Richard Cheetham, Samuel King, William Chapman, John Kirk, George Camomile, Jos. BandKey, Edward Davison, William Lee, Thomas French, Thomas Marriott, John Mitton, Thomas Groves, George Norton, John Hancer, Christopher Pattinson, Jonathan Hedling, William Pettefar Robert Hunt, Thomas Pratt, George Hutchinson, Francis Paddison, William 512 VOLUNTEERS. Portwood, John Rushton, William Seymour, Richard Smith, Joseph Smalley, Joseph Sharp, Edward Wright, Joseph Seals, Thomas Worley, Nathanael Stareley, William Wood, Samuel Thompson, William Wiseman, Matthew Taylor George Wheatcroft, Samuel FOURTH BATTALION COMPANY, Thomas Stansall, . , , William Fillingham, William Readitt, . . , Captain, 1st Lieutenant, 2d Lieutenant. SERGEANTS. William Rose, William Simnitt, Benjamin Edmondson, CORPORALS. Joseph Cropper, Thomas Wright, John Wright. Drummer, William Room. Fif'er, James Sheppard. Arnold, George Bridges, James Bollan, William Berry, William Barker, John Bramwell, Edward Crowder, Joshua Cousins, William Cutts, Charles Crowe, Edward Cottam, William Dufton, Thomas Dixon, John Dixon, John PRIVATES. Gough, Thomas Gearey, Joseph Hales, Edward Hoose, Henry Hall, George Hardy Samuel Jackson, John J ohnson, Joseph King, Thomas King, Frederick Lupton, Nathaniel Lampin, Thomas Line, William Lacey, George Edmunson Johnitarat/iViarshall, Thomas Ellors, Thomas Fenton, Richard Fletcher, William Fullalove, Richard Fletcher, Richard Girton, Alexander Gearey, Thomas Mabbott, William M ore, Thomas Moss, Thomas Oliver, John Pawson, John Pacey, John Parkes, William Pacey, Thomas Priest, William Reek, Thomas Roome, William Roberts, William Robinson, William Robinson, John Simnitt, John Simnitt, Joseph Stimson, William Sanderson, Thomas Scatliffe, George Tailford, Daniel Thompson, Francis Ward, John Wilson, John Wood, Thomas Whitely, George Ward, William Young, William VOLUNTEERS. 513 FIFTH BATTALION COMPANY John Jalland, Thomas Becket, John Suduury, Captain. \»t Lieutenant. 2d Lieutenant. SERGEANTS. Richard Sedwell, William Duke, James Nicholl. CORPORALS. Francis Bennett, Francis Stubbing, Richard Bell. Drummer, Richard Stinson. Fifer. William Wilkinson. PRIVATES. Fell, Joseph Pilgrim, John Fletcher, Hen. Ba?idPeet, Alexander Aram, George Astling, David Anderson, William Burrows, Thomas Bailey, lohn Butler, Paul Bonner, William Broooks, William Burton, Edward, Bonner, Daniel Barnet, Thomas Chapman, Thomas Crowe, John Cawkwell, Ki chard Callis, John Calcroft, John Cooper, John Chapman, Francis Dufty, George Egglestone, Francis Edgley, William Footitt, William Groves, Thomas Gardner, George Harwood, John Harvey, John Hatton, James Hales, Henry Holmes. Samuel Harston, George Hibbert, Thomas Hardy, Thomas Henfry, Thomas Liggin, Henry Linney, Thomas Lawson, John Morris, Thomas Moss, Thomas Marshall, Richard Monk, John Morris, Robert Porter, John Randall, William Rhodes, Richard Rippiner, John Kiley, John Straps, John Sadler, Thomas Smith, Samuel Taylor, Francis Tate, Henry Vaughan, Robert Walker, John Waddngton, John Wynne, Thomas Wilson, James Wilson, Kirby Wallis, Gude Willers, Robert Worthinii'tou, Geo. SIXTH BATTALION COMPANY. John Spragging Godfrey, Captain. John Youle, 1st Lieutenant. Thomas Caparn, Jun 2d Lieutenant. SERGEANTS. William Lang, George Mackenzie, Thomas Emison. 514 VOLUNTEERS. CORPORALS. William Holland, Stephen Cook, William Cruse. Drummer, William Saltonstall. Fifer, Joseph Houseley. PRIVATES. Antliff, William Groves, John Newton, Joseph Ash, John Glover, William Ordoyno, Thomas Askew, John Hind, Robert Pacey, Joseph Birkitt, William Houseley, Geo. ifcm^Parnham, John Bradley, Samuel Hunt. Richard Pearson, John Bower, William Holmes, William Ringrose, William Bell, Thomas Hatfield, William Rippingale, Wm. Burrows, George Hutchinson, Thos. Read, William Bramley, Matthew Hatter, Robert Robinson, Thomas Boothwright, Thos. Hardy, Robert Scales, George Booth, Abraham Hardy, Thos. Band Sutton, Edward Barnsdale, Augustus Johnson, William Spencer , Robert Cawthorn, James Jackson, Richard Stennett, Joseph Coxon, John Killingley, Robert Skinner, Henry Cowlishaw, John Kane, James Speed, John Crow, Joseph Lynn, Richard Tory, John Cobley, Thomas Lant, Ishmael Tomisman, Thomas Durance, James Marshall, John Wardley, John Elvidge, Edmund Marshall, George Wilson, Thomas Egglestone, William Mayfield, John, Weston, William Egglestone, Joseph Mackenzie, Kenneth Wilson, John Fletcher, William Morley, John Fisher John Mark well, Thomas — t» The Newark Volunteers were marched to Retford, on permanent duty for 14 days in 1804, to the same place in 1805, to Lincoln in 1807, and to Mansfield in 1808. 515 HERCULES CLAY. This person was a member of the bod) corporate, and resided in the Market-place > Vid. Market-place P. 499. During the second siege of Newark, a particular providence seems to have interposed between Mr. Clay and apparently inevitable destruction. * In gratitude for such singular deliverance, he bequeathed the following do- nations. Throsby, in his continuation of Thoroton, gives the following extract from his Will. — " In the name of God, amen. I Hercules Clay, of Newark, Mercer, give the sum of one hundred pounds, to be put into the hands 5 and the interest thereof to be disposed of by the Mayor and Aldermen of Newark, with the consent of the Vicar, to the best benefit and * Vid. Page /8. 516 HERCULES CLAY. behoof of such Vicar, and to continue to them successively for ever; to be paid to him or them upon the 11th of March; provided there be a Sermon preached in the Church there, by the Vicar, if he be able, or else by some able Minister. And I desire them in their Sermons to exhort the people, not to set their affections on things of this world ; but by their good works to lay a foundation for themselves, that so they may take hold on eternal life. I do likewise give unto the Poor of Newark one hundred pounds, to be put forth by the Mayor and Aldermen, with the consent of the Vicar, for the advantage of the said Poor, the interest of which shall be paid upon the 1 1th day of March yearly, in Bread or Money, at the discretion of the Vicar and Churchwardens.* And my Will is, that the said two hundred pounds shall be paid by my Executors, or se- curity given for it, within one month after my death. And I heartily beseech Almighty God to bless them, as I freely give it, and those persons I put in trust, with this my Charity, I desire the Lord may deal with them accord- ing* to their case/' 517 A TABLE OF COINCIDENTAL FATALITIES, During the Civil War^ SUPPOSED TO BE DRAWN UP BY THE SAID i^ercuteg €Iap, AND OCCASIONALLY CONTINUED BY HIS DESCENDANTS. »e@e< Jan. 1, 1642. Hotham the younger, par- ticularly exerted himself, in gaining the bat- tle of Bramham Moor, by the parliamentary army under Fairfax. Jan. 1, 1644. Hotham the younger, be- headed on Tower Hill, by order of the same Parliament, in whose support he had become a traitor. Jan. 3, 1641. Charles I, went in person to demand the five obnoxious members, Wil- liam Stroud, John Pym, John Hampden, Sir Arthur Haslerig, and Dcnzill Hollis, thereby violating the rights of the people, and insult- ing the dignity of their representatives. 518 COINCIDENTAL FATALITIES. Jan. 3, 1648. The House of Commons passed a vote for bringing Charles to trial. Jan. 3, 1670. Died George Monck, then Earl of Albemarle, the time serving betray- er of both parties.* Jan. 25. The parliamentary army under Fairfax, took Monck prisoner at the battle of Namptwich. Jan. 25, 1659. The same Monck signed an order to Parliament for the evacuation of the city of London, by their troops, in order to make way for his army ; the intent of which was to depose that very Parliament, and restore the family of that King whom they had be- headed. * That Cromwell, was aware of Monck's designs te evident, from a letter he addressed to him in Scotland, only a short time before his death. The body of the epistle con- tained nothing more than some general matters relating to the government; but in his usual jocose manner, he subjoin- ed by way of postscript, that which in fact was his principal motive for writing. "There be that tell me, that there is a certain cunning- fellow in Scotland called George Monck, who is said to lie in wait there to indroduce Charles Stuart , I pray use your diligence to apprehend him, and send him up to me." Vid. Ludlow's Memoirs. COINCIDENTAL FATALITIES. 519 Jan. 30. 1641. The charges against the Earl of Strafford first read in the House of Commons. Jan. 30, 1647. The Scotch deliver the King up to the English Parliament (for value received. See page 115.) Jan. 30, 1648. Charles I, beheaded. Feb. 9, 1642. The first money levied by the city of London for the use of the Parlia- ment, against the King. Feb. 9, 1659. Monck, by order of Parlia- ment, caused the city gates to be taken down, and the citizens to be treated with every spe- cies of indignity. Mar. 9, 1643. The King's general of horse, Lord Holland, betrayed his master and joined the Parliament. Mar. 9, 1648. The same Lord Holland beheaded in Palace Yard, by order of the same Parliament. April 20, 1654. General Lambert advised Oliver Cromwell to assume the title of King, and dissolve the Parliament. April 20, 1659. Lambert proclaimed a traitor by the Parlia)ncnt. 520 COINCIDENTAL FATALITIES. April 28, 1647. The Agitators of the army held their first meeting to adopt a mode of gaining possession of the King's person. April 28, 1649. The Parliament passed a vote for taking the Agitators into custody. May 2, 1643. The Queen voted an enemy to the Nation, by the Parliament. May 2, 1660. Her son Charles II. pre- sented with the Votes of Parliament for his restoration. May 10, 1641. Charles passed the bill of attainder against Strafford, thereby forfeiting his promise, and deserting his best friend. May 10, 1646. The Scotch carried away the King from before Newark, broke all their promises to him, deserted and sold him to his executioners. ' May 12, 1641. Strafford beheaded, which act, burthened the conscience of Charles during the remainder of his life. May 12, 1646. Southwell palace, which had frequently lodged Charles, dismantled by order of Parliament. May 25, 1659. The Parliament deposed Richard Cromwell, and voted a House of Lords useless. COINCIDENTAL FATALITIES. 521 May 25, 1660. Charles II. landed, for the purpose of restoring the House of Lords, and the government of a single person. June 13, 1625. United Charles to Henri- etta of France, from whose counsels were, probably, attributed most of his misfortunes. June 13, 1642. Charles I. signed the commissions for levying forces to act against his Parliament. June 13, 16-15. The fate of the royal cause ultimately determined, by the loss of the bloody battle of Naseby. July 12, 1642. Charles' first declaration published at York. July 12, 1642# The army to be command- ed by the Earl of Essex, voted by Parliament. July 12, 1643. Colonel Charles Cavendish, the favorite of Charles and Henrietta, killed in a skirmish with Cromwell, near Gainsboro*. July 12, 1644. The Marquis of Newcastle, the last hope of the royal cause, quitted the kingdom, after the fatal battle of Marsten Moor. Aug. 6, 1641. The Parliament voted the items of the Army to serve against the King. 522 COINCIDENTAL FATALITIES. Aug. 6, 1648. The Parliament turned out of doors by Cromwell and the Army. Aug. 17, 1636. Charles passed the-Act for abolishing episcopacy in Scotland. Aug. 17, 1637. The famous Covenant passed the general assembly in Scotland, which laid the foundation of those events, which ul- timately brought Charles to the Scaffold. Aug. 17 5 1642. Charles came to New- ark, in his way to raise his standard at Not- tingham, here he concerted his future plans of operation, here was his most signal disgrace, and surrender of his person to his enemies. Aug. 18, 1642. Charles received the Queen's approbation of his first proclamation for raising forces in the County of Nottingham. Aug. 18, 1669. Queen Henrietta died in France. Sep. 3, 1644. Oliver Cromwell first brought into notice by the defeat and surrender of General Skippen at Foy, (Fowey) in Cornwall. Sep. 3, 1650. Oliver Cromwell defeated the Scots at Daribar. Sep. 3, 1651. Oliver Cromwell defeated Charles II. at Worcester. COINCIDENTAL FATALITIES. 523 Sep. 3, 1654. Oliver Cromwell summoned a Parliament in order to substantiate his authority. Sep. 3, 1658. Oliver Cromwell died at Whitehall* * Much stress was laid, through the virulence of party, by the Cavaliers, on a violent tempest which happened on the day that Cromwell died ; they charitably dubbing it the vehicle which conveyed his soul to the devil. But the truth is, the whole week had been remarkably stormy for Ludlow in his Memoirs says. " At this time I was in the County of Essex and according to a former resolution I had taken, went to London to attend my father tOldsworth, and to bring him into the country, whither he designed to come with my mother Ludlow. On the Monday afternoon I set forward on my journey, the morning proving so tempestuous that the horses were not able to draw against itj so that I could reach no further than Epping that night." Cromwell did not die till the Friday following. But the complete com- plexion of those times is not more amply shewn, than in Bulstrode's Memoirs, P. 216, on closing the character of Cromwell. "Yet, after all his greatness both at home and abroad, some things happened before his end, which much disturbed him; not only the frequent plots against his person, but the coming up of a monstrous whale, in the fresh water y contrary to the nature of that fishy as far as Green- i/ich, where it was taken, and believed by many to port 'end some great alteration in the Commonwealth* But thi c did not >o much trouble the Protector as the death of h»« dear i i 2 524 COINCIDENTAL FATALITIES. Oct. 13, 1654. The Parliament passed an act for recognizing Cromwell as Protector. Oct. 13, 1659. General Lambert dismissed the Parliament, and established the authority of the Army. Oct. 23, 1621. The unfortunate expedition to Spain set sail. Oct. 23, 1641. The rebellion broke out in Ireland. Oct. 23, 1642. The battle of Edge-hill was fought, which rendered the breach between the King and his Parliament irreparable. daughter Claypole, who died in the beginning of August, 1658. He had settled his greatest affections on this daugh- ter, from the time of whose death he appeared very mel- ancholy, and fell sick about the middle of August; but his sickness being only an ague, there were no apprehensions of his death ; and he declared publicly to his physicians, and many others, " that God would not take him away, tilt he had done some more work for him." " But it soon appeared, that if God did not, the Devil did take him; for he died on the third of September following; a day that had been so fortunate to him proved his last ia the world j and such a tempest accompanied hi& death, that night, as was not seen in ttie memory oi man. I he Prince of the air showed his power teas above the Protector's, who thought not fit that he should pass quietly out of the world, who had made such a combustion, trouble and misery in it." COINCIDENTAL FATALITIES. 525 Dec. 15, 1636. Archbishop Laud ordered the Common Prayer Book to be printed and imposed on the Scots, notwithstanding their remonstrances. Dec. 15, 1640. Archbishop Laud impeach- ed of high treason. It is not less worthy of remark, that in Chaldgrave field, where Mr. Hampden first executed the militia ordinance, he was him self, killed by the troops under Prince Rupert some years after. The battle of Edge-hill was the place where Charles first spilled the blood of his subjects iu battle. Here, after the commence- ment of the war he first met his Queen and her favorite Colonel Cavendish. Here he lost his best friends and most experienced Generals; and here he delivered himself up to that vio- lent counsel which terminated in his ruin. Newark, where the determination was first made to erect the royal Standard at Not- tingham, became, in time, the place of the g*s captivity and the triu is enemies. 526 COINCIDENTAL FATALITIES. Southwell, continues the said Hercules Clay, was the place where most of the King's violent counsels were brought to maturity \* and that very place was, afterwards, the residence of his bitterest enemies, the Scotch, who came there for the purpose of accepting his surrender." * Wherefore Southwell? This seems to have been a most illiberal remark ; the more especially as coming from so staunch a loyalist as Hercules Clay. Why stigmatize the town or its inhabitants, with whom Charles does not seem to have had the least intercourse; excepting Lee the round head Cobbler, and he certainly could not assist in bringing any thing to maturity, as he would not even make him a pair of shoes. This monarch has been frequently taxed with being the dupe of evil counsellors ; but whom could they have been at Southwell ? Not the Clergy, for they probably were fled; and were they not, the present state of the place, if arguing by analogy be allowable, for- bids admission of a thought so derogatory to that respectable body. But the reader will do well to bear in mind that Hercules Clay was a dreamer. 527 OKDINATION CONCERNING THE VICARAGE OF NEWARK. To all the sons of the Holy Church about to view these letters. John, by divine per- mission, Archbishop of York, primate of England and Legate of the apostolic s health, in the embraces of the Saviour. Know, all of you, that whereas the parish of Newark, in our diocese with its rights and appurtenances hath been from formerly incorporated, annexed, united and appropria- ted to all the religious men, the Prior and Convent of the house or priory of Saint Katha- rine without the walls of Lincoln, of the order of Saint Gilbert and the successors of them. And the profit thereof it was and hath been lawful to be taken by them. Of which Brother- hood, Prior and Convent a Vicar hath always, 528 ORDINATION CONCERNING THE VICARAGE. unto these presents, been lawfully instituted and inducted to the same Church, who ought to exercise the care of the souls of the said parishioners of the same Church and laudably to do service in divine matters in the same Church. And to which Vicar and his succes- sors in the Vicarage aforesaid, were assigned a fit portion of the profits, rents and dues of the same Church, to be taken according to the direction of the Holy Canons We, being mindful that amongst other parish Churches of our Diocese, the Church aforesaid, being one of the larger, and jon which a greater care of souls depends and impends, do Will, according to the ordinances of the statutes and canons, that on that account the Vicar of the same 7 Church, who now is and who for the time being may be, shall be pro- vided with a competent stipend for his own maintenance and for the support of whatever expenses are incumbent upon him. To be taken by diligent inquisition concerning the value of the things. But, a portion of the annual profits, rents and dues to the said ORDINATION CONCERNING THE VICARAGE- 529 Church of Newark belonging or appertaining and called the first fruits aiul by whatsoever rights the same are accustomed to arise* and be due by all in this part; by the express direc- tion and consent of the Prior and Vicars afore- said. We order, are to be dedicated to the use of that religious man H alter Iklingham> Prior of the House or Convent of Saint Katha- rine aforesaid and to the Brother Nicholas Feriby now Vicar of the same Church for a lawful and reasonable profit to the said Vicar. By whom the Vicar and his successors are to be appointed and what expenses are to be borne by the same We now proceed to set out as follows. In the first place, We order and decree, that in the Church aforesaid there may be and m is and at all times in future there continually ought to be a perpetual Vicar for the care ot souls, fit and proper for the duty and practice of that care appointed by the Prior and Con- vent of the Priory of Saint Katharine and his successors, to be presented to us and our suc- cessors in the Archbishoprick of York, who 530 ORDINATION CONCERNING THE VICARAGE. for the time being shall be in occupation of the seat. And the seat being vacant, to the Dean and Chapter of our Church of York. And to be admitted and inducted according to the said Canons by us and our successors, the chair being occupied and it being vacant by the said Dean and Chapter or the Dean being absent, by the Chapter, Which Vicar shall bear, have and exercise the care of the souls of the parishioners of the Church New- ark, and he shall personally reside in the same parish. We likewise appoint and ordain that the said present Vicar and each of his successors shall have for his own habitation, the house or place of his aforesaid Vicarage, with all its buildings and the garden adjoining and to the same belonging, which house or place of residence the said present Vicar now occupies and which is to be repaired and at all times maintained at the costs of the said Vicar for the time being and his successors. Except the principal chamber on the west ORDINATION CONCERNING THE VICARAGE. ^31 side of the Hall of the said habitation, wit two chambers to the said principal chamber annex- ed together with a Stable and Repository for the tenths. And also two granaries, of which, one roofed with lead is situated on the north side of the said parish Church, and the other situated contiguous to the north gate of the said man- sion. And also with the houses and tenements without the aforesaid gate. All which build- ings, &c. We reserve for the use, utility and advantage of the said Prior and Convent afore- said ; the whole to be for ever kept up and repaired at the costs and expenses of the said Prior and Convent. Also, we decree and ordain, that the said present Vicar and his successors shall have and receive all obventions which shall arise within thejurisdiction of the said parish Church of Newark or of whatsoever kind shall arise in future. Also all mortuaries whatsoever. And also the tenths of all youngyft to be eaten. Also of the fowls, of the goats, of the cocks, of the pasturage, of the doves, of the lambs, of Che bees, of the honey and wax, of the hemp, jhix % 532 ORDINATION CONCERNING THE VICARAGE. mills, fisheries, and other tenths and obventions. And all dues to the said Church and all emolu- ments whatsoever to the same Church belong- ing. All Lands of the same Church with the tenths arising from the same. And all the tenths of hay, wool, and land, within the bounds and limits of the same parish wherever now due or to become due; Except only, such lands and tenths so excepted as we decree ought to belong, for ever, to the Prior and Convent of the Priory of Saint Katharine afore- said. Moreover we will and ordain that the aforesaid Vicar who now is and all his succes- sors for the time being shall pay or cause pay- ment to be made to the before mentioned Prior and Convent twenty marks yearly on the feast of Easter or within one month then next immediately ensuing. For which payment well and faithfully to be made, we will and ordain, that the said Nicholas the present Vicar, within six days next after the day of the date of these presents, and his successors on their admission, to bound by the bond of an oath, and also under the penalties of suspen- sion from divine matters and sequestration of ORDINATION CONCERNING THE VICARAGE. 533 the profits belonging to the Vicar. Which penalties, the Vicar or Vicars, not making payment, shall incur by such omission we will in no wise to be relaxed until the Prior and Convent aforesaid shall be fully satisfied for such payment and their damages and expenses on that account. We furthermore ordain that all ordinary and extraordinary burdens in any wise belonging to the said Church of Newark aforesaid, are to be borne by the said Vicar and his successors; except the expense of repairing the chancel and of the payment of the tenth or tenths or any other part of the same to the King already granted or hereafter to be granted, Which burdens we will and decree that the said Prior and Convent and their successors do acknowledge and bear. Also, that when the before mentioned Prior and Convent shall be commanded by virtue of a decree, made before this, to ordain or depute any Brother of the said Prior to celebrate the mass of the Blessed Virgin in the parish Church of Newark afore- said, at the express consent of the Prior, Con- vent and Vicar aforesaid : We order and decree that whatsoever Brother of this Order appoint- 534 ORDINATION CONCERNING THE VICARAGE. ed or at all times hereafter to be appointed to celebrate such mass, according as leave is given, he shall have a chamber, meat and drink for himself fit for his dignity at the costs of such Vicar for the time being; but all other things necessary for the said Brother, the said Prior and Convent and their successors shall be at the expense of, as before this between the said Prior and Convent and the Brother of the said Order appointed or to be appointed for the celebration of the said mass, they may be agreed to be fit for the services aforesaid. Neverthe- less we declare, decree and ordain, a stipend for the honourable and sufficient maintenance of the Vicar now incumbent and his successors and fit and competent for the support of the expenses of the incumbent payments imposed upon and assigned to them. And, we will and do judicially pronounce, that the aforesaid decree, of us ratified and confirmed in every respect, be observed and kept for ever by these presents; saving always, all things by law and custom belonging to us of our Church of York, In Witness whereof, &c. ORDINATION CONCERNING THE VICARAGE. 535 Given at our Palace at Suthwell, (South- well) the last day of the month of September, in the year of our Lord one thousand four hundred and twenty eight and of our transla- tion the fourth. 536 DISSENTING CHAPELS, public 3Ntitiitton& PLACES OF AMUSEMENT, &c. CHAPELS. The Wesley an Methodist's, . .Baldertongate. The Baptist's, Hawton Lane. The Johnsonian's, Lombard-street. Jehovah J ireh, Portland-street, ASSOCIATED SCHOOLS. The philanthropic system so generally adopted, at the close of the last century, in different parts of the kingdom, for the educa- tion of the children of the poor, met with warm support in Newark, and Sunday School* were established by subscription. These were continued under the management of a com- mittee, from whiqh visitors were appointed, ASSOCIATED SCHOOLS 537 till the year 1810 ; when it appeared to be the general opinion that more benefit would acrue from the children attending daily. A liberal subscription was advanced for this purpose, and schools were established for about 100 boys, and the same number of female children, belonging to such of the inhabitants of the town as were supposed incapable of paying for their education. These were instructed on a system in some degree similar to that of the celebrated Di\ Bell. The boys were taught reading and writing, and the females reading, knitting, and sewing ; the annual subscription was repeated three or four times, after which period, the trustees of the different estates bequeathed for the good weal of the town, con- descendingly agreed to apply a part of the surplus arising therefrom, to the future sup- port of these benevolent institutions. The pupils have, hitherto, been taught in places rented for the purpose, and that appropriated to the Boys has generally been considered too small, particularly in the summer season. Meetings have been held to adopt measures equal to the remedying this inconvenience bj M M 538 ASSOCIATED SCHOOLS. building two schools adjoining each other, sufficiently large and commodious, and it is understood, that a sum of money has been placed in the hands of a Member of the Corporation towards defraying the expense. It is sincerely to be hoped much time will not elapse before this most desirable object is carried into execution. 539 BANKS >e#e««~ Of these useful institutions, in the absence of specie, there are two in Newark, one un- der the firm of Messrs. Godfrey and Hutton, situate in the Market-place ; who draw upon Messrs. Barclay, Tritton, Bevan, & Co. London. And the other Messrs. Handley's, Peacock, Kirton and Handley, in Castlegate ; who draw upon Messrs. Hoare, Barnetts, Hoare, & Co, London ; both are of the utmost respectability, and looked up to by the public with esteem and confidence. M 31 2 540 INCREASE OF COMMERCE IN NEWARK, It may not be thought unworthy of atten- tion, to notice and trace the extraordinary progress which the staple commodities of corn, malt, and flour, have made in this place. Fifty years since, there were only four wind- mills on Beacon-hill, and one in Balderton Field, consisting of two pairs of stones each, together with the Water Mill on a very small scale, these comprised the whole in the vici- nity of Newark ; whereas at this time, there are sixteen wind-mills within the distance of a mile from the town ; the large water-mill built on the site of the ancient one, and occupied by Messrs. Marshall and Franke, containing seven pairs of stones, which are worked day and night, Sundays excepted; a large wind-mill in Farndon liberty, of four pairs of stones; INCREASE OF COMMERCE. 541 another contiguous to it worked by a steam engine, and one in Lombard-street, used for the purposes of grinding corn, and also bones for manure. The malting business is supposed to have increased in about the same, if not in a greater proportion ; is evident by the number and ex- traordinary size of some of the kilns. But it must not be imagined that nearly the whole of this quantity of malt made here is consumed in the town or neighbourhood, al- though no inconsiderable portion is converted, by the inhabitants, into their favorite beverage, fine Nottinghamshire ale, yet a far greater part is conveyed up the Trent into Lancashire, Cheshire, and Staffordshire. In order to give some idea of the business transacted on the River Trent, the following statement is inserted. 542 INCREASE OF COMMERCE. Tonnage of Goods delivered and Loaded at Newark. In 1810, 43,081 tons. 1813, ....45,296 1816, 42,553 1818, 50,173 Number of boats wbich passed the lock : In 1812, 4,800 1813, 5,384 1814, 5//30 1815, 6,200 1816, 5,176 1817, 5,164 1818, 6,650 BREWERY IN NORTH-GATE. A very extensive concern, in this line, the property of Messrs. Handley, has been many years established. During the reign of the Empress Catharine, the trade to Russia was extensive, as she was extremely partial to stout humming liquor. 543 THE THEATRE. »§@9««» This is a plain neat building, situate in Middlegate, it was erected about the year 1774, by Job B rough, Esq. The company of comedians under the management of Mr. T\ Robertson, which takes the circuit of Gran- tham, Boston, Lincoln. &c. performs here about six weeks in November and December. The theatre is now the property of the Reverend Dr. Fines, and the Reverend Dr. Staunton, to whom it descended in right of their wives, daughters of the original proprietor. 544 THE OLD BOWLING GREEN This place of public amusement, is of con- siderable standing, it occupies the greater part of the ground within the ruined walls of the venerable Castle. Now, instead of the dungeon echoing with captive sufferings under the iron thraldom of feudal tyranny, the shriek of helpless innocence grasped by the arm of ruffian violence, the clashing of arms, the neighing of steeds, and the thunder of ar- tillery, are heard, gay hilarity, and harmless pastime. Two rooms are neatly fitted up, in the western tower, for the purposes of shelter in a storm, and, occasionally, the enjoyment of cards. 545 THE NEW BOWLING GREEN. In the year 1809, a part of the premises at the back of the Castle and Falcon Inn, were appropriated to this purpose. The ground is beautifully laid out, the Green being sur- rounded by a terrace excellently gravelled, and bordered by evergreens, interspersed with flowers. The south front of the greenkeeper's house is gothicized with much taste, having a piazza below and spacious balcony above. On the frize is this inscription, in boldly raised Roman, " let no man be biassed/' alluding to the practice of admitting members only by ballot. There is also a card-room on the chamber story, and upon the whole, the place is excellently calculated for the relaxation of an hour. 546 HALING-PATH BRIDGE. The ancient and extensive wooden bridge, over a branch of the river, near to the large water-mill, being deemed dangerous for the passage of horses; a new one of Stone was erected in the year 1819, by the Newark Navigation Company ; it consists of five seg- mental arches, the span of each fourteen feet, consequently, with the piers and abutments, the length is very considerable, but from the perpendicularity of its ramparts, in contradis- tinction to the splayed ones of the old bridge, the road way appears confined. On the key stone of the central arch, is the following hieroglyphical inscription, within the date in a curve. N, N' G. It must be observed, this was the act and deed 547 of the working mason, it is supposed to mean Newark Navigation Company, and as the Bridge from its firmness, bids fair to brave the storm of many centuries, there may perhaps, in some future day, be volumes written on the three cabalistic characters. BROWN'S TOMB, >e^e« Thk Tomb of this generous benefactor to the town of Newark, who died in the year 1532, was, in the spring of 1819, removed to the belfry, the place to whence Phillipott's Effigies had been consigned. Magnus was interred at Selsey, in Yorkshire. 548 PROPERTY TAX ASSESSED UPON THE TOWN AND PARISH OP NEWARK, 1815. Real Property, £. 26,418. ASSESSED TAXES. i€. s. d. Amount ending Lady-day, 1818, 5,027 5 5 FINIS. INDEX. Aldermen, previous to the Mayorality in Newark, list of 443. Aldermen, the present ones, 449. Alexander Bishop of Lincoln, founder of Newark Castle, 33. Sent as a prisoner there, 37. Surrenders that Castle and Sleaford to Stephen, ibid. Articles of consumption, price of several at Newark in 1818, 503. Assembly room, 369. Associated Schools, 536. Atkinson, Alderman, 126. Atkinson, family of, 226. Audley, 263. Baker Sir Richard, 65. Ballard, his conduct, 59. Banks, 539. Basilicon Doron, 47. Bead house, 333. Endowment of, 335. First Beadmen, 338. Caution extraordinary, 353. Present state of, 360. Beaumond Cross , 254. Bellasis, Lord, Governor of Newark, 99, Bethell William, his Donation, 378. Biron Sir Richard, Governor of Newark, 72, 93, 94. displaced, 99. Boats, 542. Bowling Green old, 544. Bowling Green new, 545. Brady Dr. 440. Brewery, 542. Bribe for good behaviour, 393. Bridge, new one, 546. Brown Robert, his Donation, 321 to 330. His Estates conveyed to the Corporation, 329. Tomb removed, 547. Bulstrode, 523. INDEX. Cannon ball perforates the Spire of Newark Church, 79. Caring Sunday, explanation of, 31. Castle, Newark of, erected by Alexander Bishop of Lincoln, 33, Besieged by the Barons in the reign of John, 37. Constable of, his fees, &c. 46. Surrendered to Henry VIII. 46. To the Covenanters, 49. Dismantled by order of Parliament, ibid. Present state of, 145. Situate in the Parish of Stoke, 170. Castles, number of, temp. Henry II. 34. Very nests of Devils and dens of Thieves, ! 10. Cavalry, Newark Troop of, 504. Cavendish Charles, 120, 147, 150. Caxton, 43. Chambers, family of, 212. Chancery suit instituted, 304. Origin of, 353. Chapels, 536. Chapman, his Donation, 379. Charitable Donations, 377. Charities consolidated, 395. Charity Estates, rentals of, 318. Sales of, 363. Charles I. present at the storming of Leicester, 102. Escapes in disguise from Oxford, 107. Surrenders himself to the Scots Commissioners at Southwell, ibid. His letter to Lord Bellasis, 108. Delivered up by the Scots to the Parliament, 116. His speech at Newark in 1622, 144. Character of, 151. Letter to the Queen, 154. To the Corporation of Newark, 256. From Southwell to the Parliament, 164. Charters, different ones granted to Newark, 27. Cheese Market, 31. Church of Newark, Architectural description of, 177. Spire, height of, 179. Ancient Chauntries and Altars, ibid. The Belfry, 189. The Font, 182. Monuments in Belfry, 186 to 191. North Aisle, Monuments, &c. in, 191 to 204. South Aisle, 204 to 216. Cross Aisle, 216 to 221. Choir, 221 to 232. Nave, 232. Vault, 233. Organ, 234. Bells, 235. Altar piece and Communion Plate, 236. Spire repaired, 248. Churchwardens, the present, 241. Cities, Saxon ones, 20. Clarke, family of, 211. Clay Hercules, his extraordinary preservation, 78. His Donation, 381. Extract from his Will, 515. Coaches passing through Newark, 30. INDEX. Coadjutors, the present, 351. Codicil to the Will of Henry VII. 253. Coincidental fatalities, 517. Collingham, number of Churches anciently in, 26. Collingwood Anthony, his Donation, 385. Commerce increase of at Newark, 540. Commissioners, names of, at the surrender of Newark, 111. Commoners, the present, 351. Convent, intended one, 253. Cooper Sir Roger, 63. Cooper Mr. Cecil, 469, 480. Corporation, present Officers of, 450. Crampern, family of, 212. Cromwell Oliver, orders the dismantling of Castles, 34. His death, 523. Crypt under Newark Castle, 167. Anciently a Chapel, 177. Cumberland, family of, 211. Declaration, curious one of the Scots, 112. Decree in respect of Magnus* Charity, 305. Decree in recpect of Brown's, 330. Decree in respect of Phillipott's, 347. Derry, family of, 212 Desiderata Curiosa, Peck's, 46. Devon River, 12. Source of, 16. Dispensary, 373. Dogs, Bears and Castles, 47. Doomsday Book, 33, 176, 440. Douglas Eleanor, her Donation, 392. Drum, Old, 78. Drum, another, 100. Eastland, family of, 220. Echard, 48. Exeter, Earl of, his house in Northgate, burned, 62. Fare extraordinary, in time of flood, from Newark to Muskham, 28. Flood road, the forming of, 28. Flour Mill, 540. Former times, slight view of, 496. Foster Anthony, his Donation, 372. Free School, 274. Schoolmaster's oath, 295. Ancient Regulations of, 300. Remarks, 302. Present state of, 319. INDEX. Friar's Observant, or Chauntry, 251. Friary, 250. Fuller, 277. Gascoyne, Family of, 211. Gateways ancient, 161. Architectural description of, 174, 175. Girton, family of, 217. Godiva Lady, Anecdote of, 20 Green's Worcester, 52, 54. Guilds, 438. Ancient ones, number of in Newark, 441. Handley, family of, 194. Haslam, family of, 220. Hawding, family of, 212. Hemingford Walter, 44. Henderson Sir John, Governor of Newark, 58. Henrietta, Consort to Charles I. her letter, 146. Anecdote of, 148. Character, 148. Death, 522. , Heron's M S. extract from, 13. Heron, family of, 207. Heron John, Churchwarden, his address to the inhabitants of Newark, 399 to 437. Hobman , his Donation, 391. Hospital, Knights Templar's, 249, St. Leonard's, 263. Present state of, 272. Hume, 439. Hutchinson Col. John, a Commissioner at the surrender of Newark, 111. Seized at Owthorpe, 471. His treat ment at Newark, 472 to 481. Reflections thereupon, 481. James I. at Newark Castle, 47. Present from the Corpo- ration to, ibid. Exercises Royal prerogative, ibid* Anec- dotes of, 48. James II. his Letter concerning the new modelling of the Corporation of Newark, 452. Jersey School, 387. Inhabitants of some parts of Newark, in 1605, 488. Inns, ancient ones in Newark, 466. Inn, Saracen's Head, 466. Talbot, 482. White Hart, 483. Swan and Salmon, 484. Instructions, private, to Commissioners from Charles I. 130 to 143. . INDEX. John, institutes a Mayorality at Lynn, His Will, 39. Die's at Newark Castle, 41. Interred at Worcester, 42. Dis- covery of his remains, 50. Description of Tomb, 53. Johnson John, his Donation, 38;5. Kingston, Earl of, remarkable account of his death, 119. Kirkbye Robert, the first Song Schoolmaster, 230, 289. Lamb Richard, his donation, 385. Langdale Sir Marmaduke, relieves Newark, 81. Law and Mathematics, two distinct things, 348. Lawrence George, his donation, 393. Leak Lady Frances, her donation, 388. Leicester stormed by Prince Rupert and the Newarkers, 101. Regained by the Parliamentary forces, 102. Letter, copy of, respecting the surrender of Newark, 122. Library, 241. Lilly John, his donation, 381. Linthwaite, family of, 138. Londe Sir John, his donation, 377. Ludlow's memoirs, extract from, 518. Magnus Thomas, 276 to 305. Malignant Clergymen taken in Newark, 126. Mare Peter de la, imprisoned in Newark Castle, 45. Marketplace, inhabitants of, 499. Markham Sir Robert, a Captain at the battle of Stoke, 223. Markham Sir John, his quarrel at Bennington, 224. Martin, family of, 191. Martin John, his donation, 384. Mayors of Newark, list of, 445. Meldrum Sir John, anecdote of, 77 . His death, ibid. Meldrum Major, taken prisoner, 100. Milnes, family of, 199, 220. Monasticon, 20. Monk's Cowl, virtue of, 42. Newark, antiquity of, 9. Super- addition of Upon Trent, when first used, 11. Uncertain when first walled, 20. Given to the monastery of Stow, 21. Number of Churches anciently, 24. Ancient division of, 26. First incorporated, 27. Market and fairs, 31. Situation of, 31. Number of houses and inhabitants. 32. State at the commencement of the war in 1642, 55. Inhabitants declare for the royal cause, 56. Head quarters ol the Cavaliers, r>7. INDEX. Siege 1, 58. Siege 2, 65. Siege 3, 80. Siege 4, 103. Surren- dered to the Parliamentary forces, 108. Articles of capitu- lation, 110. Fortifications demolished, 116. Ordnance and stores taken in, 117. Plague in, 123. Ancient topography of, 46F Present state of, 499. Newarkers , particular enterprizes of the, 93, 102. Newcastle Earl of, his house garrisoned, 63. Newer k, 11. Newerke, 23. Nobility and Gentry of Charles I. party, 56. -Noblemen and Gentlemen slain near Newark, list of, 119. Nottingham, head quarters of the Roundheads, 57, 92 Nowrk, 11. Observations on the surrender of Newark, 159. Ordination concerning the Vicarage of Newark, 527. Organ, 234, Organist and Choristers, present ones, 241. Overseers of the Poor, abstract of their receipts and dis- bursements, 494. Painting, curious one in Newark Church, 222. Paris Mathew, 45, 84. Paving, ancient, 486. Phillipott AYiliiam, his effigies removed, 181. His Donation, 332 to 337. Family of, 219. Pierce Alice, 45. Plumptre Doctor, one of the Nottingham Committee, joins the Newarkers, 74 Pocklington family of, 232, Pointz General, 17, 63, 104, 107, 184. Priests, ephemeral ones, 273. Principal prisoners taken in Newark, list of, 118. Queen's crosses, list of, 252. Ramsey Robert, Esq. killed by lightning, 229. Rapin, 41. Recorders of Newark, list of, 450. Regalia of England lost by king John, 39. Reliquiae Sacrse, 146, 161, Representatives in Parliament, 456. List of, 456. Ancient daily wages of, ibid. Ridghill, family of, 193. Rogues, different degrees of, 496. INDEX. Rupert Prince, 64, 101. Rutherford Mr. Gawen serves under his 27th child, 122. Sacrilege, act of, 237. Sandford, 53 Scarsdale Earl of, his Donation, 386. Schools associated, 536. Sconce the Kind's, 105. the Queen's, 106. Sessions at Newark, where holden, 370. Shambles, 372. Shelt'ord Manor house garrisoned, 63 Stormed byPointz, ib. Situations, obliterated ones in Newark, 265. Sketchley family of, 213. Smith, Mayor of Newark, urges Lord Bellasis to disobey the King's order for its surrender, 105, His heroic advice 168 Smith, family of, 213. Southwell history of, references thereto, 107, 236. Spittle battle of, 67 . Articles of capitulation, 75, Spragging family of, 189, 212, 215 Stephen King of England, his promptitude, 36. Stones Henry, his Donation, 387, 394. Streets, &c. in Newark, description of, 502, 503. Stukely Doctor, 18, 159, 171, 356. Summers Thomas, his Donation, 390. Sweet lips, the Newarkers' favorite Cannon, 123. Swift, family of, 193. Task extraordinary, for twenty persons, 389. Times former, slight view of, 496. Theatre 543. Thoroton, 25* 109, 176, 209, 224, 225, 250, 251, 257, 265, Tolls, 19. Tomlinson, family of, 200. Tonnage increase of at Newark, 512. Topography ancient, of Newark, 461. Town's Anus, 367. Town hall, 366. Arti I 171. Trent dike, 12. Twentyman J elm, \lderman, Twentyman, family of, 210. Vault, list of persons interred there, 2 Vicars of Newark, 239. INDEX. Vicarage house, taken down, 248. Volunteers, Loyal Newark, Muster Roll of, 507. Watson William and Wife, their Donations, 384. Watson Emma, her Donation, 385. Wharton, 86. White, Bishop of Peterborough, his Donation, 388. William of Newberry, 84. Willis Sir Richard, Governor of Newark, 99. Becomes a Spy to Cromwell, ibid. Wilson Rev. Dr addresses the inhabitants of Newark on the misapplication of public Charities, 353. As Vicar, a Defendant in Chancery, 304. His Donation, 392. Erects Wilson Street, 502. Windows, decorated ones in Newark Church, 242. Wiverton house, garrisoned, 63. Surrendered to the Parliamentary forces, ibid. Workhouse, 489. Wright Joseph, 28. S. AND J. RIDGE, PRINTERS, NEWARK. L&N >OQ ?%- tny W*&S§ SBbiafiBg^ BB ^3 9i3pvv^ i^^^EHHrE " "* 1 - 1 mSL&kiwr £2 Fv3*£ Ezra bSSJ ■pfl ggftPp uft^ iii* 1 ■BEx .. • f".V H 1 1 ^^W H Papyri «\ *'►,-£*> HI SS&3K Era >mX&*mf W*r K&f&^HE n aiiiiil- 021 399 113 9