THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES v OF THE DEVIZES, BEING A HISTpRY OF THE OF THAT NAME ; WITH NOTICES STATISTICAL, PARLIAMENTARY, ECCLESIASTIC, AND BIOGRAPHICAL, BY JAMES WAYLEN. PRINTED FOR THE AUTHOR, AND SOLD BY LONGMAN AND CO.. PATERNOSTER ROW AND T. B. SMITH, DEVIZES. 1839. LONDON : PRINTED BY J. H. STARIE, 59, Museum Street. PREFACE. The object and character of a work bearing the title of the present must be so obvious to all, that preface seems hardly necessary except for the purpose of saying a few words on the sources of information, and paying that just tribute of respect which is due to the gentlemen who have assisted me in the undertaking. The history of this Country during the middle ages has already derived much elucidation from the publishing of the Tower- Records; and although it will remain com- paratively defective till that publication is complete, yet to have deferred the history of Devizes till such a doubt- ful period should arrive, would have been a virtual re- linquishing of the task. The observations in the municipal department are taken in a great measure from the reports lately published by Government. With regard to such as are not, I think it only necessary to say that they have been drawn up with considerable care, and with an anxious desire to offend no living man. A great deal has been written about Wiltshire and its antiquities, but I cannot help thinking that no writer has sufficiently studied the moral influence which its inhabi- tants and principal families have ever exercised in the revolutions of the state. With this view, much might have been added and many names introduced in the pre- sent work, with reference to the great civil wars : but I willingly leave this point to be more ably discussed by Mr. Hatcher, in his forthcoming work on Salisbury. To this gentleman I am indebted for the whole of the docu- ments relative to the disposal of the Castle under Bishop Joceline's prelacy. The other gentlemen who have supplied me with valuable materials are the Rev. Edward James Phipps, Mr. Paul Anstie, Mr. George Anstie, and Mr. T. B. Smith, of Devizes and Mr. Britton of London. CHAPTER I. OPENING REMARKS OPINIONS OF DR. DAVIS AND OTHERS ON THE ORIGIN OF THE TOWN DEATH OF WILLIAM BAXTER SOME ACCOUNT OF THE FAMILY OF STUKELEY RECEIPT FOR ANTIQUA- RIES, AND CRITIQUE ON THE SCHOOL OF MEDI- CINE OF THE LAST CENTURY. WHEN undertaking to give the history of nations or smaller communities, historians and biographers have always exhibited the very natural desire to begin if possible at the begin- ning. Their repugnance to the idea of raising a " baseless fabric " is such, that when unable to discover a legitimate and undoubted origin ; their next step has been to set about manufac- turing one. Such practices, to be sure, are becoming less and less available in the present day, when writers who presume to venture into doubtful paths, without suitable provision and armour of proof, are liable to sudden and dis- graceful defeat. Even if this were not the case, there is something so unsatisfactory to the mind, in putting forth statements, or only suggestions, of the truth of which we feel not fully assured, that at first sight it appears surprizing that real lovers of history should so often have indulged 10 HISTORY OF in such a course. It is however undoubtedly true that many who have made the most laborious researches to ascertain truth for themselves, have in many cases been the same persons not only to profess a belief in the vain fancies of hoary legends, but to attempt to foist on mankind other figments of their own brain. The moving prin- ciple in such must be, a desire to serve the pur- poses of some party feeling, or else to be regarded as oracles by the unlearned. Hector Boethius for instance must have shared pretty largely in this latter gratification, when he garnished the annals of Scotland with his comely catalogue of kings before the fifth century ; furnishing for each of them, a life, character, and eventful reign ; and basing his " History " on such autho- rities as Cornelius Hibernicus and a variety of other authors whom the world had never known, or heard of. On the other hand it is necessary to guard against becoming the victims of our own incre- dulity, and of rejecting statements, the truth of which we have never taken the trouble to inves- tigate ; merely because they appear improbable. This cautionary process, it will probably be thought, is an unnecessary introduction to the examination of a subject so unimportant as the present ; but the fact is, that the interest attached to such enquiries, is frequently not at all in ac- cordance with the importance they possess. In fighting about a mere word, men have been as guilty of violent language and party spleen, as if THE DIVIZES. 11 disputing their claim to an estate ; and questions of a philological nature, have often appeared arrayed in additional dignity in proportion to the cramped and limited extent of the orbits to which they were necessarily confined. The reader must not therefore feel himself aggrieved, if a problem which has already perplexed so many heads, though its object be nothing more than the origin of a country town, should be once more fairly hauled over ; and that the very circumstance of its having been so often and so unsuccessfully treated, should of itself be regarded as investing it with an interest sufficient to claim his attention for many pages to come. Without further comment therefore I shall proceed, first, to specify what \vas the primitive spelling of the modern word Devizes ; and then to detail the various hypotheses and conjectures to which the singularity of that name has given rise. The word made use of by William of Malmsbury, and in most of the public records, by all such authorities, in short, from whom we might reasonably expect accuracy, is one in the plural number. It is Castrum Divisarum Villa Divisarum Burgenses Divisarum, and if the former words are omitted for brevity, it becomes Divisse. This plurality it has retained almost to the present day, the prefixing of the definite ar- ticle, in the case of public documents, having be- come totally laid aside, only within a few years. Without referring to the numerous readings which a copious Italian dictionary will furnish under 12 - HISTORY OF the head Divisa ; it seems the most legitimate course, to adopt the ordinary and natural ren- dering of the past participle of Divido, and trans- lating Divisse as divided partitioned off or alienated, connect it with some such word as terra or partes. This gives it the exact meaning of the Saxon Kenninga from Kennan to cut, and has given rise to the following theory. That Divisse is only the Latin expression (made use of in legal documents) of Kannings, and entertaining this view, Devizes may be the " Kainingham " of Domsday book. It has been usual to regard this name as the ancient one of the present village of Bishop's Cannings, but it seems very unneces- sary to go to Kainingham for this latter, when we possess the much more suitable name of " Kaninge" which has remained almost unmuti- lated down to the present day. The termination " ham " from originally signifying a house, came to imply a street or town, and still exists in many names, as Nottingham, Shoreham, Chippenham, East and West Ham. Kainingham or Kanning- ham it is therefore presumed may mean the principal town in Kanings. Or the " Borough of Bishop's Cannings " an expression which actually occurs in a document of Charles Ist's time written by John Kent, Esq. This opinion however is only thrown out as a plausible conjecture ; it is incapable of any substantial proof, and still leaves in obscurity the reason which first occasioned the idea of partition being attached to the spot or to the district. That such however was the idea THE DEVIZES. 13 intended to be conveyed, is evident from the cir- cumstance of Florence of Worcester always wri- ting it Divisio. The greater part of the other conjectures on this subject have been brought forward in so amusing a manner by Dr. Davis, a Physician of Devizes, in his " Origines Divisianse" that I make no scruple of relieving myself of the task of so much recapitulation and arrangement by just transcribing the whole of that portion of his little work which refers to this pomt. A step which will also possess the advantage of exhibiting the style of that writer, and of laying before the inhabitants of Devizes, no inconsiderable portion of a treatise on their town, which is now become so scarce that it is probable not three copies could be found in the place. The " Origines " were compiled in the form of letters to a friend and written in the years 1750 and 1751. The design of the work being, not only to narrate the prin- cipal incidents connected with the early history of the Town, but also as a satire on Dr. Stukeley, Dr. Musgrove, and others, and on credulous an- tiquaries in general. In the following extracts, the plan of the letters will necessarily be over- looked. He opens the subject with the following remarks. " There is a particular fondness in all mankind that I have yet met with, for the places of their nativity. Whether this preference be woven in our constitutions or is the effect of education, cannot certainly be determined. Other incidents may fall in, connexions with relatives and friends, 14 HISTORY OF particular interests, or the pleasing remembrance of the innocent amusements and diversions of childhood, may have their share in forming it. I am not therefore surprised at your affection for The Devizes, nor at the constant enquiries you are making among your friends, concerning its an- tiquities. This passion Virgil seems to have felt in a natural manner when he makes his shepherd complain so feelingly, " Nos dulcia linquitrus arva." And when the course of the Georgick brings him in sight of his Mantua, he laments its ruin in the following passionate line, ' Et qualem infelix amisit Mantua campum." " To gratify this desire of yours I have catched at every thing relating to ycur town, which casu- ally offered itself in the progress of my studies, and if any particulars occurred, I thought myself possessed of a valuable acquisition, because it would give you pleasure. The few that have come to my knowledge I communicate to you/' " Those who are but moderately acquainted with the study of the early English antiquities, must soon have been convinced that they are en- gaged in a dry uncomfortable task, and obliged to plunge through many difficulties, and puzzle through a variety of perplexities ; the originals of facts lying confused and involved, and are to be found out only, like rattle snakes, by their tails. Here truth is as closely blended with error, as lights and shades in painting, it being very diffi- THE DEVIZES. 15 cult even to a discerning eye, to determine in a well executed picture, where the shade ends or the light begins. The monuments which the Romans left behind them in Britain are greatly disfigured and changed by the barbarity of the succeeding conquerors : they left no traces or acts of sciences behind them, and indeed nothing but what is now become valuable ruins. These though they have greatly advanced the prices of estates, yet have embarrassed the English antiquary. His curiosity however is not to be censured for making attempts towards explaining them, if his views are but properly regulated. Would the writers upon these subjects permit modesty and reason now and then to step into their minds, they would restrain their loose imaginations, and keep within the bounds of useful and beneficial knowledge. Their readers too would be freed from perusing long and lifeless books, made up chiefly of fanciful suppositions instead of well grounded 'facts ; which has been too much the case in the point before you." " The later authors, who mention this town are desirous of giving it an early original. I will acquaint you with their sentiments, and leave them to your own decision as well as the cursory remarks that lie intermixed. Some would have this town British some Roman, and others Saxon. They who contend for its being British assert Dunwallo to have been its founder, or Di- visus. The first opinion has had the ill fortune to be supported, neither by facts, nor even by pro- 16 HISTORY OF babilities. Dr. Stukeley is a kind of a sort of patron of the last. Though in his Itinerarium Curiosum (page 136) he earnestly contends for this town, being the same with the " Punctuobice" of an anonymous writer of Ravennas, and by this gives it the honour of a Roman structure ; yet in his Stonehenge (page 48) he is in some distress to determine, whether it might not have been built by an old British king, whom he himself christened Divitiacus. These curious suggestions will by and bye regain an attentive consideration when your friend has nothing else to do/' " I know of no authorities relating to the British affairs, that go farther back than the ac- count delivered by Julius Caesar ; and the suc- ceeding classical authors themselves assure us that he knew little more than their outlines. The subsequent writers are too general to be proper evidences for the doctor. I never heard of any ancient books remaining of the Britons : they are all lost, if they ever subsisted. The language only remains, and the recondite antiquary founds facts of history upon the radixes of this, as the mysterious Hutchinsonian builds systems of phi- losophy upon Hebrew ones. These etymologies have furnished out great attempts for wonderful discoveries, the words having been tortured and woven into a delicate contexture of flimsy pro- babilities." " Musgrave thinks it a Roman town, but the ancient name lost (see Belgium Britannicum, vol. 1. page 124.) He has produced some grounds THE DEVIZES. for his conjecture, from the many Roman anti- quities found in its neighbourhood. I wonder that the antiquaries have not availed themselves of the advantages that arise from its name ; from hence might start a pregnant hint for a visionary in antiquities. The word Devizes is very near the Latin Divisee. This looks something like a Roman word, and indeed could the word be traced clearly back to the Roman times, it would be a reasonable proof of the place itself being a Roman work. The Romans left Britain about the year 476 ; the Saxons and Danes kept possession till 1066 ; barbarous and ignorant nations, who ex- tirpated the people, and almost the language of Rome. The Monks however preserved some relics of the tongue out of this general devastation. William of Malmsbury the most accurate and sensible writer of all the Monkish historians, has retained some Roman names of towns. Among others, he calls the Bishop of Lincoln, Episcopus Lind-colniensis, that is Lindi colonise. This writer all along calls this town Divisa?. But Roger Hoveden, under the years 1063 and 1072, and Dugdale's Monasticon use this word for boundaries ; and the ancient lawyers as Bracton and Fleta. Whether these intimations are cre- dible, or what these boundaries meant, the author will not take upon him to determine." " It is by no means probable that this town was a Saxon building hi the time of Alfred, as the annotator on his life is reported to have advanced ; for the name would then have had some Saxon 18 HISTORY OF termination, which no one has yet ventured to assert. Nor can it be allowed to have had its name from a division of lands between king Stephen and Roger, Bishop of Salisbury ; because the grant of these lands was made to Roger before Stephen was king ; and no division of lands ap- pears to have been made, or possibly could be between Stephen and Roger, as will appear below. So that all the scene here laid before you is, like Milton's Chaos, ' As dark as Erebus, or Night.' "The Roman coins and Penates found in its neighbourhood, do not prove the town Roman, because these might have been hid in fields. It is very reasonable to believe it a town not known in or near Antoninus's time, because no traces can be found of it in his Itinerary. That it was the Punctuobice of Ravennas wants clearer proofs than can be wire-drawn from an unmeaning, unac- countable, and an absurd Etymology. Though the Via Icena, according to Mr. Wise, (see Wise's White Horse, p. 43) points to Abury, it does not prove that it passes through the Devizes. There are no marks left of any Roman works in or near the place, unless that near Roundway-hill be a Roman camp ; which would prove as well Calne, and all the towns under The Downs, which have Roman camps in their neighbourhoods, to have been Roman. Another reason why it could not be so, may be derived from the nature and situa- tion of the place. The Romans were too well instructed to build a town at such a distance from THE DEVIZES. f9 a river, unless upon a causeway ; at which Mr. Wise has made a fair point, but nothing arose. Mr. Camden with his usual prudence and judg- ment has kept clear of all intimations that might carry this place into any remote antiquity. We can indeed go no farther back than where you have often formerly played, the Castle ; which engages you even now in amusements almost as trifling and insignificant as the diversions of child- hood. But since we are come to this spot, here you may set your foot upon firm ground. I am obliged however to tread with caution, and to follow the footsteps of the earliest Monkish his- torians ; for their successors are very busy in adding largely to their facts ; they are not con- tented to deliver them as they were handed down without intruding some of their own unac- countable inventions into the situations of their predecessors. You may hence conclude that I have a strong passion for antiquities ; yet there is no one that gives me so much pleasure as an old friend, which I am satisfied you are to him, &c., &c. 11 " *' An old woman who shewed Lord Bathurst's fine place by Cirencester, was asked by a gentleman that came to see it, ' Pray what building is that' ' Oh sir that is a ruin a thousand years old, which my lord built last year, and he proposes to build one this year, half as old again.* This absurdity i& scarce greater than what is seriously practised by modern antiquaries. Dr. Stukeley is for carrying the Castle of. The 20 HISTORY OF Devizes into the legendary state oif the old woman." " You have seen that castles have their periods ; they rise, flourish, and decay ; and seem as mortal as the man that built them. Though they were once noble and amazing struc- tures, they were, as Rome has been, and as my Lord Mayor's house will be, ruined by their own greatness. They ought not however to dazzle our eyes so much as to make us conclude upon the greatness of their age from that of their bulk. No further allowance "should be given to their years than that which is justified by authority ; and this will not allow you to go one step farther back for the origin of your castle than the year 1132. Then it was certainly built. But what weight can so puny an author as your friend is, who never yet published a sixpenny pamphlet, have against so ponderous an author of some Folios? Mine is like the fate of Hector in Homer, or Turnus in Virgil, or the Devil's in Milton, which * Flew up and kick't the beam.' " I acknowledge myself to be a mean Cockney to that great hunter after objects of antiquity, the renowned Antiquary of Lincolnshire, the in- incomparable incomprehensible incon vincible Doctor Stukeley, who affirms very peremptorily affirms ' That the town was enclosed by the Romans with a vallum and ditch/ though no traces of a vallum and ditch appear to any eye but his own. That ' this town took in the castle, THE DBVIZES. 21 which was originally Roman, but afterwards rendered impregnable by Roger, Bishop of Salis- bury." I humbly conceive, the Roman castle, here mentioned, did not formerly stand on the hill where the windmills are now placed, but in the air." " You see the town is not only Roman, but the castle too, without the least probability or the shadow of a proof. If the town must be linked with the castle the former had better be fixed to the true date of the latter. This I confess will degrade it in the eyes of all zealots of antiquity, by paring it down from a Roman to a Norman structure, yet this is the most reasonable opinion. The extent and magnificence of the castle must have furnished a number of attendants suitable to its greatness. Bread, meat, herbs, clothes, and utensils are the calls of necessity ; which must be supplied by bakers, butchers, brewers, gardeners, shoemakers, taylors, manufacturers and mecha- nics. You see there is instantly a set of inhabi- tants fixed without the walls, to answer the exi- gencies of those within. The cloistered monks indeed kept arts and sciences close within their walls, which were scarce ever known to come abroad but once at the Reformation ; but this was not the case with castles. This great one then produced the town, as naturally as a Palace begets a village ; or a great Lord, villians."* " As 1 am just come to the town after a fatigu- ing pursuit, it is necessary to pull in and enter coolly. I shafl take a peep over the pales at your 22 HISTORY* OF villa, which is one of the most natural modern antiquities that has yet been seen, &c. &c." " As to your town, no doubt but it was ancient, as has been asserted above, but not quite so old as the Flood, Babel, Babylon, or Rome. The inhabitants are not the worse for not having long pedigrees of Roman blood in their veins ; they may be contented with a descent no earlier than the Normans. It is honour enough in these days to derive our blood from the French, for we are not like to draw it from them any other way. Surely that nature was the common stock of all the Europeans ; who are all dwindling into beaux, dancing masters, musicians, fribbles, and games- ters. Witness the genteel pig- tail, the graceful movement, the harmonious hum, the jessamy cock of the hat, and the tradesmen's books. They seem very much like your gallipots, which are lately gilded and newJettered by order of the College of Physicians. They are all gold without but bitterness within. The complexion of the present age you see, pleads strongly for this ori- ginal, and carries this hereditary claim still farther. Not only the cut of their clothes and their diet, but their language is brought irresistibly into fashion. I hope for the sake of old England, that our acts of parliament will continue some time longer in English, though it is to be feared they may not do so, since the articles of a late peace have been penned in French; and since an able speaker at the head of the War office is fond of crowding French phrases into English parliamen- THE DEVIZES. 23 tary debates. You, sir, in your place, have par- taken of this degeneracy, and expelled the few remains of the old honest laborious Saxons ; who early submitted to, and were incorporated with the Normans. They were wool-pickers, wool- combers, weavers, clothiers, and dyers. The in- dustry of these brought riches into your town, which were preserved under the faithful custody of frugality. But now how are you changed into delicacy and poverty into embroidery on one day of the week, and dirtiness on all the rest sacks are thin hi your market-place on Thursdays, but thick in your churches on Sundays. You have turned the grating of your wool-combs into the scraping of fiddles ; the skreeking loom into the tinkling harpsichord, and the thumping fulling- mills into a glittering and contentious organ. Scents of perfumes are in your churches ; your houses are ornamented with Bath stone, wrought into pediments, entablatures, and pillas trades ; your market-house a stranger to wool-packs is metamorphosed into a theatre for balls, concertos and oratorios. So much for the present liberties of the Town, &c. &c." " You must now give me leave to ad- dress myself to you in a more particular manner, with that old fashioned frankness that would not flatter an enemy to make him his friend. You had always a natural taste for antiquities, especially for the English. Your honest passion has been steady to the roast beef and strong beer of old England. You love the roughness of the old in- 24 HISTORY OF nocent and hearty ages, better than the modern gay, refined, effeminate manners. Your integrity has made you open, undisguised and sincerely blunt; and has given an antique cast to your whole composition. You have constantly retained a veneration for the Druids of your country and have amused yourself some years within the hollow of a tree. This is your cave of contemplation, lined with slabs, and stuccoed with moss. Your couch is covered with the same and matted with the peelings of the bark of trees. Your table is a chopping-block, your dishes platters, your plates trenchers, and your chairs are chumps of wood. Nature having given you two hands, supplies you with knives forks and spoons. Every noon and night, you sacrifice to your god Pan a goblet of barley wine. Your eyes every day are feasted sufficiently with a peep at the outside of three churches. Your ears are entertained with the sweetest of all musick, a natural oratorio of birds. Flowering shrubs perfume your nostrils, and you enjoy the conversation of your faithful Houy- hnhnms. The gratification of all the senses lies within your reach ; you live in the fruition of nature, without envy or restraint. With you I go back to distant ages two thousand years ago, and admire virtue in its original simplicity. To you therefore I address myself, who are formed by inclination to be an antiquary ; to you I bequeath these sheets, not as a dedication, which among authors is a preamble or prelude to thinking ; but as a codicil, the result of my most mature delibe- THE DEVIZES. 25 ration It is not a gift of value, but may serve as an amusement for a vacant hour, whenever you are disposed to be grave, or take a nap." "Your friend has been an old stager in the tedious and uncomfortable tracks of antiquity, which have wanted mending, ever since Batteley* finished his Rhutupium. I whip through thick and thin, till I come to a convenient place to bait at. There I stop to refresh with proper neces- saries ; the conversation of the Landlord, and the information of the Clerk of the parish, the most conversable and intelligent person left in it ; who keeps the records of it, and knows most of the antiquities in the neighbourhood. The squire, formerly a Fox hunter, is now generally slinking to London to hawk off a daughter, or in strong scent of a half-pay place, or a quartered pension. The parson is so perpetually engaged with his neighbouring brethren, that his parishioners never see him, but of a Sunday ; unless the squire come post from Town for a week, to wreck his tenants and carry away every farthing in the parish. After the information of my learned friends, and the mug is emptied, I jog on in search of antiquities ; sometimes I stop to take a view of a barrow, an old dyke, a ruined wall or tottering steeple. If I see a camp any where, I ride full gallop, examine and carefully measure it. If it be a square I can tell you to an inch, where stood all its gates, the Ara, and Pretorium, and how many people it contained * " The ingenious, sensible, and polite author of the Anti- quitates Rhutupinoe." 26 HISTORY OF exactly 1500 years ago. In the evening before I go to bed, I recollect the important events of the day, and write down my observations in the first words that offer, for that produces an easy diction. I express my thoughts as fast as they flow, for that makes a simplicity of sentiment. I avoid all revisals and corrections, for they render a compo- sition stiff and laboured ; in short I write just as you see, without thinking, without connexion, and without design. I make frequent bold, abrupt, eccentrical, and characteristical excursions, like my Lord Shaftsbury or a Comet. You see I am thoroughly qualified to execute on the minute and plebeian antiquaries the office of "Censor castigatorqr.e minorum." " These as you have seen above, think your town at least Roman, and carry its age, as the Welsh do their pedigrees, beyond the utmost stretch of human conception., We have observed that Dr. Musgrave was of this opinion, who affirms the village must have been a large one ; and he advances a step farther, and calls it a very ancient little town : but he imagines the ancient name lost. He proves, from the wine-vessel found here with Alexander's name upon it, that one Alexan- der a great man certainly resided in it, attended by his household gods. But this is not to be understood to be Alexander the Great or Alexander the Coppersmith, but -an Alexander Alexander what's his name a certain Alexander, a maker of crockery- wares. These hasty steps are nothing to the large ones of Dr, Stukeley. Believe me, THE DEVIZES. 27 sir, at one progressive stride, he stalked over Dr. Musgrave's head, the line of right reason, and the extensive bounds of probability, with as much ease as Rich in the boxing match, jumped over the head of the Carman. The ancient name Mus- grave had lost, Stukeley has found. Where ? why where all antiquities lie concealed in rub- bish. He found it indeed with as much quickness, as Mrs. Squire found the longitude, and with an equal certainty. It was you must know, the Punctuobice of Ravennas. This Ravennas, I must inform you, is an anonymous writer, and upon that account is presumed to be better ac- quainted witli the highways than any of his pre- decessors. He has recorded some stages that the Romans travelled in order to let his contempo- raries and then- posterity know where they could be readily supplied with proper entertainment and post chaises. From Leucomagus you go to Cunetzio alias Cunetio alias Marlbro' ; then you proceed to Punctuobice, that is, Vies Aye, there it is, in the very two last syllables ; lay aside Punctuo and you have it in Bice.*" * Stukeley's own language is the following " I suppose here is a remnant of the former part of the word Punctuobice in Poulshot a little village hard by ; Pottern another ; Pottern Wood, and the name of the hundred Pottern, taken in the first time of their divisions from such a corrupt appellation of this place ; the last syllables bice subsist in the present name De- vizes, vulgarly called vies." Itinerarium Curiosum. page 136. So persuaded was Stukeley at the time, of the truth of this conjecture, that in his engraved view of the Town, executed in 1723, it is denominated by this forgotten name. Instead of 28 HISTORY OF " You see how subjects of this kind are to be managed ; it is not however in the power of every body to have such a command. Dr. Stukeley is in possession of a true Roman Securis ; it is his companion, friend, and guard. He uses it upon all occasions ; if he meets with but an odd word, he lays it down fairly transcribed in capitals, and with one slight chop divides it ; whatever remains on the right of the securis, is the right word. He pursues this religious opinion of the Romans with great exactness. The Grecians indeed valued the left side most, but the Romans after a com- plete conquest, changed hands with them. This sort of torture is usual among critics, but never carried to so severe a degree before, as to treat words as Procrustes did men This gentleman is in the same instant Judge, Jury, and executioner ; even as soon as the learned juggler blows, Bice is turned into vice and vice into vies. So that all that is left of this unfortunate word Punctuobice is the tail, which is looked on, as in vipers, as the only sensible part. Mr. Pope seems to have pointed out such minute critics to the life in the following line. ' They catch the eel of science by the tail.' An elderly gentleman, witness to this sad catas- trophe, broke out into the following pathetic speech of condolence. ' Alas, poor Punctuobice ! thou seeking an explanation of the first part of the word in Pottern, it is rather surprizing that he did not found a theory on the apparent analogy between Divisse, and punctum-biceps a point divided. THE DEVIZES. 29 who hadst lain untouched a thousand years, wrapt up in obscurity and dust, in the corner of a library of monks, wert at last dragged out of thy snug re- tirement, and impressed into an army of virulent Literati ; but in a little time you disappeared, afterwards wert caught and brought out as a traitor upon the scaffold of criticism, without one friend to support thee, for thy own Ravennas was not known. Thou wert executed by the order and hands of the Inquisitor- general of words. Thou hadst not the honor of being beheaded, for that is only reserved for capital bodies ; but to be halved, the ignominious fate cf diminutive ones. How do I commiserate and share thy grief, when I re- collect thy fondness and regret for the poor misera- ble orphan thou hast left behind thee mayst thou oh Bice, meet a better fate.' Thus ended these melancholy words, with the sad solemnity ; the execution was performed at one blow : the priestly butcher retired to some invisible place like a Druid I beg pardon, I mean a Celtic, to his oak. However he repented, took care of the orphan, bred him up and put him out in the world after having properly bound him ; for the poor thing had lost his father and mother, and had not any one relation left in the world except one cousin- german whose name was Pooghen, of whom you will hear something by and bye. * * " The foundation of these painful lucubrations, which are humbly submitted to the reader's judgment, may be found in a book full of uncommon erudition, ycleped Itinerarium Curiosvm at the 76th and 108th pages ; composed at night under the in- 30 HISTORY OF " My regard and veneration for this incom- parable Doctor oblige me to wait upon him a little farther, to shew you how artfully he tries to ex- tricate himself out of this unsurmountable puzzle. In another learned book written by him, we are informed that one William Baxter, a profound antiquary, a haberdasher of hard words, well skilled in his native language, Welsh, and possessed with a national itch for verbal criticism, was at an uncommon loss to account for the word Punctuo, and confessed his ignorance on his death-bed. This distress threw him into a sedentary life, and a steady train of meditation. Under this situation, he received a visit from his old friend Dr. Stuke- ley, who stalking in, very dirty, just after his re- turn from Stonehenge, enquired into the occasion of his melancholy and dejection of spirits ; and talked with him as an antiquary and friend, and something like a Physician. As soon as the Doctor found the cause of his disease, and that the seat of it was in his gizzard, he cried aloud 'Poogh ! the word comes from pooghen, which in German signifies an arduous work, as much as to say the castle, which is said to have been the strongest in Europe.' * Baxter did not acquiesce in this peremptory decision, but replied, that William of Malmsbury and Matthew Paris give this character fluence of painful dreams by Master William Stevckele. This book has a great many divertizing things in it ; there are maps and pictures and tail-pieces, but upon turning it very atten- tively over, I could not find in the whole book one single head- piece." * See Stukeley's Stonehenge. p. 48. THE DEVIZES. 31 to Roger's castle only, and never hinted the least at any other castle more ancient, upon the same spot of ground. Baxter kept his temper for the present, for his spirits were not high enough to rise immediately into a passion. These two had been old friends and intimate acquaintances, formed nearly out of the same materials ; their minds were much alike, so that they valued each other, as Virtuosos should do, for the antique cast of their manners, and the venerable rust that stuck close about them. They imparted to each other, the important discoveries that they had made, long before they went to the press. Their friendship was closely connected by a chain of hard words. They perpetually disputed, but never convinced ; their disagreements served for a constant fund of conversation, and kept them as steady in their affections, as a court balance exactly poized by different parties. Thus they had lived for years, till this fatal catastrophe happened, which was the unfortunate occasion of the death of poor Baxter, but evidently without any malice prepense. The Doctor made no other answer to Baxter's remon- strances, but cried aloud thrice contemptuously, Pooghen ! A warm dispute ensued, and Baxter was treated with such unusual freedoms and such an inveterate asperity for his ignorance in the German tongue, and want of faith in an infallible Doctor, that all his Welsh blood flew instantly up into his face. He puffed powerful protestations, and poured plenty of proverbial parallogisms with pestiferous perfumes, into poor Pill's physiognomy. 32 HISTORY OF The Docter started, retreated and spewed. In the same interim Baxter's adust constitution, having been almost reduced to touchwood, was thrown into such a violent fermentation, as to set fire to the brimstone he had been larded with, so that he died in a sudden combustion, and the man multi- nominis, the phoenix of the age, was reduced to ashes by his own odours." " This indeed is a very tragical exit, but let us compose our grief, and return to the survivor of this nobile parfratrum. When Baxter was dead, his friend reigned alone and commanded words. But words have natural rights as well as men ; they do not care to be turned out of possession without the previous forms, and some reasons offered for an ejectment. It is but just that they should have their titles examined, and evidence heard, before judgment is given. They have often had good success in courts of justice, and have recovered large costs from their plaintiffs mis- nomers. The Doctor it must be confessed, in another place acknowledges himself in some dis- tress about this cumbersome word Punctuobice, but like an old staunch hound, will not give it up. ' Anonymous Ravennas ' says he ' may possibly call it Punctuobice, but we have no certainty that his copy remains uncorrupt, or that he transcribed it right, nor what alterations the Romans made in the original word Devizes, nor what was made in the later or barbarous times. However there seems enough therein, as well as in the present name of the town, to countenance our conjecture ! You THE DEVIZES. 33 see at last he is not clear that the word ever was in Ravennas ; and if it was, it might possibly have been altered by the Saxons, Goths, Vandals, or Franks ; yet there is enough left to justify his con- jecture ; it is still therefore vies from vice, from Bice, from Punctuobice. Did you ever see such a Welsh or rather Irish pedigree does it not put you in mind of that of king Pepin ? " The Doctor must be acknowledged to have been more fortunate in the following etymology, and very happy in the application of it. ' The Devizes is a town in the middle of Wansdyke, and very probably erected, among others, to secure the ditch or fortification. It seems to have been the capital fort or frontier town, and to have had its name from the king, as a trophy or monument of his power, built by him in person." * A little below he adds ' They tell us legendary tales about its being built by an old British king Di- visus was probably the name of this Belgic mo- narch, or Duiguis. As Gluiguis king of Demetia in Wales is wrote Glivisus by Toland. And the termination may have been framed into Latin from the Celtic word Tseog i. e- dux. Whence perhaps the Etruscan ' Tages ' so much boasted of in their antiquities ; likewise the modern f Doge ' of Ve- nice. To that Divitiacus may well be Divisus dux.' f Believe me sir, a most perspicuous and incontestible inference." " As there are some things mentioned above in * Stonehenge, page 48. f page 186. 34 HISTORY OF a catachrestic style, which I do not thoroughly apprehend, I took the liberty once of asking the Doctor the following questions. Is the town in the middle of the length of Wansdyke ? Yes surely, it is but four miles west from it Perhaps Doctor you mean that it stands opposite to the middle of the length of Wansdyke ? Yes most assuredly, as does Newbury and Kingston and Rochester, fyc. Is it certain that this was a frontier town to the Dyke ? As certain as that the Romans never built a station nearer to the place to be defended, than four miles. Was it built as a Trophy to the king's power ? As sure as Dido built Troy ; and William the Conqueror, King's College Chapel Was it built by the king in person ? Without all question, and by the very same king that erected Stonehenge with his own hands, for the Celtic kings were hewers of wood and drawers of water, and bricklayers, and stone-cutters and Free-masons. Did the Celtae ever build their towns so far from rivers ? Often ; witness their metropolis at Stonehenge, and their large town upon Marlborough Down, called now the Grey Wethers ; you ought to know that the characteristic of a Celt was to be patiens solis atque sitis." " These answers quite silenced me, so that I have scarce more than one word left to say, that i am Sir &c. &c." " In my last I was struck dumb. This taci- turnity was attended with an amusing reverie, in which a method darted into my mind of propa- gating the species of this set of incomparable THE DEVIZES. 35 writers. It is enclosed in the following short re- ceipt, which I am sure is as infallible for making a complete modern antiquary, as Mrs. Stephen's dissolvent for the stone, or Dr. James's powder for a fever. I send it in English, because your wife may put it into her family receipt-book, for the benefit of your son who is just going to the University. It is in the taste of the last Dispen- sary, the like of which, according to the general opinion never was, nor ever will be seen. Conserve of hoary legendary tales 2 Ounces Probably 's preserved .... 6 Drachms Flowers of Monkhood ... 4 Drachms Seems to be may be sprink-1 led over the whole . . . -j 2 Drachms Roots of Hebraic, Celtic, Saxon, ^ all finely powdered but not searched . . . . . . . ) i Drachm Species of Reasons .... 2 Scruples Syrup of sweet credulity, as much as will make it into an Electary. Take the quantity of an owl's egg every morning fasting, and at nine at night, drinking after each dose, a bottle of Cerevisia Celtica, i. e. Barley- Wine. The morning dose will create an easy digestion, and the night one, pleasing and roman- tic dreams There must be added to it a careful diet of roots, and a constant course of riding through all winds, weathers and roads, in the way, or out of the way. Mr. Wise will furnish you with a horse &c." I acknowledge an owl's egg 36 HISTORY OF 3X? ':*'' ' ' is an unusual magnitude for a medicinal dose, but it was thought here not too large, because all stu- dents who are formed by nature for antiquities, are furnished with large swallows. I would have them like the family of the Stukeleys. You must be informed that there were two Williams, one was a physician at Grantham, the other a divine at Stamford and London. They both descended from the ancient house of Stevekele, both their Christian and surnames were the same, and though they were both as like as Virgil's twins ; ' proles Indiscreta suis gratusque parentibus error ;' Yet they were very different men. The Physi- cian believed nothing but the most incredible things of the Celtic Gods ; the other as appears by a late sermon preached before the College of Physicians avowedly believes in the Devil and all his works. The Physician had a particular affec- tion for an aged owl, probably because it was a symbol of one of his goddesses, whom he adored by this representative ; though he often prayed to her, his prayers, like his practice, soon vanished into air. This owl was a present from a noble Dutchess (Ancaster,) whether as a curiosity, or a reproof ; by way of civility or satire is a point not determined to this day. However, the master made the bird the companion of his studies, and the confident of his soliloquies. He perpetually gazed at the eyes of his bird, as if it had been his looking glass, and indeed that was the only one he ever used. This rara avis was his bona avis, THE DEVIZES. 37 always stood fixed upon a perch on his right hand ; but the master was unfortunately cursed, as Virgil says, with a left handed mind. An oil extracted from the faeces of the auspicious bird, was given to his Apothecary at Stamford, as a nostrum for the gout. The Doctor, from the sa- cred gravity, or lulling composure in the counte- nance of his friend, commenced instantly an errant Antiquary ; but it cannot be asserted whether from inspiration, intuition, or ab ovo." " I must ingenuously confess," that the above " Recipe was not entirely my own. I think nevertheless that I have some share in the pro- perty, as I have taken immense pains to decypher an hieroglyphical hand, and used the utmost cau- tion and precision to whittle the medicine into the present fashionable taste. I met with the original in a manuscript of brother Symons, a monk of the Abbey of St. James in Northampton He had collected a great many receipts from Hippocras, Gallienus, and Kelsus, authors I imagine now lost ; but this probably was taken out of some Arabian Physician. In the original there were several nuts, as chesnuts, cypress, walnuts, &c. : these I threw away /as all kernels may be suspected to be poison, and no antidote is left in the present Dispensary to expell it. To make the medicine efficacious, I ejected all simples heterogeneous to my own private opinion ; to render it palatable, I banished a few indeed efficacious ingredients ; to make the remaining efficacious ones creep se- curely into the offices of digestion, chylification, 38 HISTORY OF and sanguification, I doubled the quantities of some as the probable seem to be may be ; which have very little taste, yet serve as sheaths to carry the others down, and dark-lanterns to light them through all the alleys to their places of destination. I preserved the spices in the species in a moderate quantity, enough I hope for the hysterical ladies, the whetters, the slipslops and the freethinkers I put in but a small quantity, lest they should fly to the head, to which I would have nothing aimed but the two bottles of barley wine. I think I have now adapted it to the applauded simplicity of the very last Dispensary. Simplicity, sir, is the beauty of architecture ; the delicacy of gardening ; the expression of music ; the soul of painting ; the true basis of morality ; in philosophy it is experiment ; in geometry, demonstration : in medicine, longevity : in composition, sublimity ; but in metaphysics, a chimcera." THE DEVIZES. 39 CHAPTER II. REPLY TO DR. DAVIS ROGER, BISHOP OF SARUM, BUILDS A CASTLE AT DEVIZES KING STEPHEN WRESTS IT FROM HIM DEATH OF ROGER AND REMARKS ON HIS CHARACTER CASTLE SEIZED BY ROBERT FITZ HERBERT EMPRESS MATILDA COMES INTO POSSESSION YIELDS POTTERNE AND KANNINGS TO THE SEE OF SARUM BUT RETAINS DEVIZES. IN attempting a short reply to the observations in the preceding chapter, less regard will be had to the establishing of any new theory than to over- turn the position that the origin of the town is to be dated from the erection of Roger Pauper's Castle. And before examining more particularly into the circumstances connected with that period, it may be observed en passant that if the difficul- ties of proving it to have been a Roman station are such, as to render absurd any serious attempt to establish that point ; it is easy to shew that the objections heretofore raised against that view, are by no means conclusive. True, it was on no causeway or line of march, as far as we can now judge, but if this is to establish its non-existence at the time, we may just blot out the names of nearly half the towns, villas, or forts, scattered over the Roman Empire. But it is urged that the 40 HISTORY OF distance of Devizes from any river disproves the idea of that people having made choice of the spot. This is to suppose that of all nations, the Romans were the only people since the days of Adam, who made the astonishing discovery that the bank of a river was a suitable place for the commerce and convenience of a town. But with- out going to Italy and detailing the numerous elevated spots along the foot of the Appenines, which were adopted as the sites of fortified towns, and where the difficulty of obtaining water must have always been far greater than at Devizes, we have abundant proof in our own country that they frequently allowed this consideration to occupy a very subordinate place in their estimation of a favourable position Sir Richard Colt Hoare indeed agrees with some other antiquaries in sup- posing that during troublous times, the Romans actually adopted as residences the bleak, howling entrenchments on our downs, popularly called camps ; and proves it from the remains of their workmanship found in those places. But let us shift the ground, and draw an argu- ment or two from circumstances connected with the period subsequent to the Norman Conquest. The history of the proceedings attendant on the dismemberment of the Castle, Town and park from the manor of Kannings which will hereafter engage the reader's attention, distinctly shew that immediately previous to that event, that is to say, while Roger held the Castle, it was considered an integral part of the said manor lying within its THE DEVIZES. 41 bounds, and in no shape separated from it. Now if the name Devizes as significative of alienation had been given to it at this crisis, we should doubt- less have been made acquainted with the circum- stance by the documents attesting that transaction ; But we know certainly from still older ones, as also from the language of historians, that such was its name before that dismemberment or alie- nation was meditated, which seems to involve the inference that the circumstances, whatever they were, which occasioned its name, were anterior to its being held in the Bishop's hands. But there is another point more deserving of attention one of the above mentioned charters of agreement drawn up between Henry, duke of Normandy, and Bishop Joceline, when the latter was endeavouring to regain possession of Devizes, stipulates on the part of Henry, that while he holds the castle, town, &c., he shall pay to the Church of Sarum the same amount of revenue on the Borough, as it had formerly rendered to Bishop Roger. This proves that it possessed the title and immunities of a corporate body before the Empress Matilda granted that charter " to her Burgesses of Devizes," which has always been regarded as the earliest they received. Indeed it is very possible that it was the earliest so granted, since the charters of several succeeding monarchs appear to be little more than confirmations of her's, and expressly allude to it in that sense. Neverthe- less it is evident that it was not her charter which made the inhabitants of Devizes burgesses since 42 HISTORY OF she came not into possession of the plaee till se- veral years after Bishop Roger's death, and we may add that there is nothing in the language of the instrument itself which bears the character of a charter of creation. We are then thrown back upon two alternatives ; either that the Borough's representation (such as it was in those early times) was a real privilege, and founded upon Saxon burgage tenure from time immemorial ; or else, that the construction of Roger's Castle called into existence in an incredibly short space of time, an important community, invested with the name and privileges of a Borough, and sufficiently po- pulous as to require two parish churches, and all springing up from the few artizans who we are told usually settled outside the walls of a newly erected castle. William of Malmsbury, the bishop's biographer, assures us that he built a castle at Devizes but in no place does he assert that he built the town itself, founded its churches, and obtained a royal grant for the constitution of its liberties. Surely his devoted admirer while panegyrizing the acts and deeds of his superior would not have omitted to chronicle so important a circumstance what he does state is ; that the Bishop erected, or was in process of erecting four castles at these four places, Salisbury, Malmsbury, Sherbourne, and Devizes.* * In the erection of Devizes Castle, the bishop is stated to have included a large piece of ground which he adorned with turrets. By this expression is merely to be understood the en- closure of the level space lying without the moat and separa- THE DEVIZES. 4-3 The three first mentioned of these were large and flourishing places, and the advantages of building in their vicinity were perfectly understood and appreciated by the worthy prelate. A castle could not possibly suffer by the proximity of a thriving community, whom it overawed, and from whom it derived constant and easy supplies, not only in the way of barter and purchase for necessary commodities, but more especially, on account of the important revenues thence derivable in the shape of the tariff or tribute which Burghers were hi the habit of paying to the Lord under whose patronage they thus lay in doubtful security^ And why was this system departed from in the case of Devizes ? how came it to pass that the sagacious bishop should have chosen for the site of his fourth, and (by the united testimony of all the monkish writers) the most splendid of all his military works, a spot of ground far afield from any human habitation, a place at which no man could live, because it was not on the bank of a river ? Admirably adapted as was the Castle-hill at Devizes for the purposes of fortification, this was not the only, and perhaps not the principal in- ducement which operated in the selection of the locality. The system of castrametation introduced by the Normans was vastly different to that which had originally prevailed in this island. They ting the castle from the town, that being the most assailable quarter. The proofs that the plot of ground in question was BO enclosed and fortified, are apparent to the present day. 44 HISTORY OF placed far more reliance on a gigantic keep, a miry moat and a ponderous port-cullis, than in the la- borious earthen defences adopted by their prede- cessors ; and they stationed their robbers' dens just in those spots which appeared to offer the greatest facilities for the exercise of oppression on the industrious or defenceless classes. It would therefore be a far more warrantable conjecture to assume that Roger chose those places for the erection of his four castles which happened to be the most populous in his diocese, and that of these four, Devizes was the most so.* To those however who may still feel a persua- sion that the town acquired its municipal distinc- tion under Roger's prelacy, it must be conceded that there is no positive proof to the contrary, only they are requested to bear in mind two things. First. That populous communities did not start into existence in England in those days, with the rapidity with which they now do in the forests of the new world and secondly. That what few privileges unchartered Boroughs were in the pos- session of immediately after the Conquest, they were held by the Burgesses from no good will on the part of their Norman lords, whether lay or spiritual, but were the remains of what they had long enjoyed under the Saxon Dynasty, and which they were still suffered to retain solely on account of their insignificance, for as Blackstone observes, * Wilton was probably more populous, but Bishop Osmond's charter to the Cathedral does not appear to have embraced that town, THE DEVIZES. 45 a hundred of their burgage tenures together would hardly have amounted to one knight's fee. The other estates of the realm had suffered the loss of their all, except these dwellers in towns, " who in their burgage and socage tenures" (he observes in another place) " retained some points of their ancient freedom." It is almost unnecessary to add that of this description of property, numerous instances have always existed in Devizes. Some Boroughs are distinctly stated to derive their title from burgage tenure, and this is always regarded as proof of great antiquity : but Mr. Hallam thinks that the representation of all unchartered Boroughs is founded in like manner upon tenure. Such are the premises therefore on which our presumption is founded that Matilda's charter was only a formal renewal of the privileges which the Burgesses of Devizes had enjoyed previous to the Conquest granted by her for the purposes of conciliation, at a period when her own power in England was very precarious ; and finally that if the town really derived its existence from a castle in whose vicinity it lay that castle was not Bishop Roger's. Of the two principal objections to this view that may be anticipated, the first to be noticed, is de- rived from the fact of the original parts in both the churches of Devizes being of the age of Bishop Roger. If coincidence of style is proof of con- temporaneous date, this is undoubtedly true. But while it no more establishes the point that churches did not previously stand there, than in the case 46 HISTORY OF of Salisbury Church, which the Bishop is said to have "built anew from the ground;" it affords very satisfactory evidence that there was a popu- lation to require them. And one of those churches too was of no inconsiderable size, for though St. John's appears to have been constructed in the first place without side aisles, yet an examination of the foundation courses of St. Mary's which Mr. Phipps has lately laid bare, plainly shew that such was not the case with this latter. This however will be met by the second and by far the most serious objection of all viz. that neither Churches, Borough, nor Castle bearing the name of Devizes occur in Doomsday book. As to Churches, Sir Henry Ellis is clearly of opinion that Doomsday book cannot be appealed to for the non-existence of Parish Churches at the age in which it was compiled. The whole num- ber mentioned, falls considerably under what there are grounds for concluding they must have amounted to at the time of the Conquest, and in- deed, unexceptionable evidence has been adduced to corroborate this statement, in the case of several. Under Edward the Confessor, there had been a great increase of parish Churches, as appears from a notice to that effect in one of the laws ascribed to that monarch, wherein it is stated that three or four churches were now standing where formerly ohly one had existed. It has been further re- marked that if it was the landed property of the Clergy which was the object principally in view, we need not be surprised that those churches and THE DEVIZES. 47 their incumbents should frequently be omitted, which did not possess any quantity of glebe.* The church or churches of Devizes were free cha- pels and do not appear at this early period to have derived their revenues from any sources but those of voluntary contributions ; but on this point see the subject more at large in the 9th Chapter of this work. With reference to the omission of the name as that of a Borough, Devizes stands in the same situation as Marlborough or Sarum. No one will pretend to dispute their existence as corporate communities, previous to the writing of Dooms- day book, yet no allusion is therein made of the Burgesses or Borough of Sarum or of Marlborough as a Borough. These two instances alone are adduced, because they lie in the vicinity. And the same line of argument may be adopted in relation to the castle, some other most impor- tant ones having been omitted, which are well known to have been in existence at the time of the survey ; such as Dover, Nottingham, Durham, and the Tower of London. After all it is to be feared that whichever view of the matter be entertained, it stills remains im- practicable to make out a perfectly clear case. It is one of those questions, to be decided by a pro- cess of general induction and comparison, rather than by the evidence of any one individual cir- cumstance which can be brought to bear on the * See Sir Henry's essay on Doomsday Book. 48 HISTORY OF merits of either side. It is certain that the an- tiquity of the town is an idea which was long uni- versally prevalent. Dr. Stukeley as we have seen above, and several others regarded it as be- yond controversy, and Dr. Ledwich the ingenious author of the Antiquitates Sarisburienses asserts that Roger merely " re-edified " the Castle. The Latinity cf its name was no doubt a point of con- siderable weight in their conclusions and it is pro- bable that this might still be made the basis of a better argument than can be drawn from any other source. Stukeley's conjecture relative to Punctuobice, as well as his derivation of Divitiacus from Divisus dux are perhaps deserving of all the raillery with which Davis has assailed them. Di- vitiacus himself however is no mere name or man of straw, as the latter gentleman seems to hint. That he was a Belgian warrior of considerable note, who made three descents upon this island, each time pushing his conquests farther than be- fore ; and that he transported hither the use of several names from his own country, such as Belgse, Parisii, Attrebati and others that the li- mits of his last conquest, which he maintained, were bounded by a line equivalent to, or very near the Wansdyke, and that he was intimately known to Cicero and Caesar, are historical facts which do not owe their origin to Stukeley's powers of invention. In a work entitled " Gait's pictures of history," the writer has dubbed two or three other Roman Generals " Dukes of Devizes/' Whether or not THE DEVIZES. 49 the validity of this fine title is based on any better au- thority than Stukeley's supposition does not appear. But whether Bishop Roger of Salisbury be re- garded as the original founder or only as the Nor- man re-edifyer it now becomes necessary to pro- ceed to some particular notice of his life ; more especially as the passages of that life were the im- mediate causes of giving to the name of Devizes that prominent position which it occupies in this dark Chapter of English History. Here we are principally indebted to William of Malmsbury ; for the age in which he lived, a most enlightened historian The intelligent reader however will bear in mind that William was a hooded monk, and that therefore it is no matter of surprise, if from his reverence for the cloth, his narratives occasion- ally exhibit a leaning towards the ecclesiastical merits of the case. Who is the historian indeed, who could ever boast of having shaken himself entirely free of party bias? Malmsbury's account of Roger commences not till after the latter was settled in England, but from other sources we learn that his origin was obscure and that he became known by chance to Prince Henry while officiating as priest in a church near Caen in Normandy. It is added that the rapidity with which he performed the service was the circumstance which gained for him the favour- able notice of his volatile patron and his mili- tary companions, who unanimously pronounced 50 HISTORY OF Roger the fittest chaplain they had ever known for men of their profession. He accordingly be- came one of the Prince's retinue, who in coming to the throne appointed him first to the Chancellor- ship, subsequently to the see of Sarum and even- tually committed to his care the administration of the entire kingdom while he himself was abroad in Normandy. The family of the Bishop also shared in his ad- vancement. A son by his lady Matilda of Rams- bury succeeded him as Chancellor of England ; and two of his Norman nephews obtained the sees of Ely and Lincoln, Nigel who was also the the king's treasurer was presented to the former, and Alexander to the latter. King Henry shortly before his decease obtained the oath of his nephew Stephen, the Earl of Blois, and that of the other leading men of the realm to support the succession of his daughter Matilda. But hardly were his eyes closed, before those very men, bishops and all, leagued to extinguish her claims for ever, by solemnizing the coronation of the usurper Stephen, in Westminster Abbey, 1 135. This stroke of crooked policy, brought about, as we shall presently see, a most sanguinary retri- bution on its agents ; and of them, the bishops were the first to find themselves caught in an evil net. The monarch whom their influence had been mainly instrumental in placing on the throne, was no sooner seated there, than he ungenerously lent his power to trample on and persecute them. His poverty caused him to envy their vast riches, and THE DEVIZES. 51 the slender character of his pretensions to the crown made him dread their power and influence among the people. The Bishop of Salisbury in particular, though no longer the first minister of the Crown, was still one of the most influential men in the nation. His nephew, Alexander, had built a castle at Newark, and himself one at Sher- born and another at Devizes, enclosing a large tract of ground with many buildings adorned with turrets. He had also begun one at Malmsbury, while a fourth at Salisbury which had been granted to him by Henry I. was occupied as his usual residence. These castles were strongly fortified and plentifully provided with warlike stores ; a numerous retinue of knights accompanied him wherever he appeared, and his two nephews, Alex- ander and Nigel, imitated the secular pomp and military parade of their uncle.* In appearance, * During the preceding reigns, few of the nobility had been permitted to fortify their castles. It was a privilege granted with a sparing hand and confined to the royal favorites. But since the accession of Stephen, every petty cheiftain erected his fortress, assembled a body of military retainers, and con- fident in his own strength, provoked the hostility of his neigh- bours, or defied the execution of the laws. Godwin and some other authors assert that not less than eleven hundred and seven castles were erected during the early part of this reign To suppress the local tyrants occupying so many strong holds, was a task of some difficulty and perpetual recurrence. It was necessary to levy armies, to surround each fortress, and to conduct the siege according to all the forms of war. The re- duction of the castle of Exeter belonging to Baldwin de Red- vers occupied the king three months, and cost him no less than fifteen thousand marks. Whether it were from policy or 52 HISTORY OF nothing could exceed the obsequiousness of the three prelates to the king, but he suspected that under this mask they concealed a secret attach- ment to his rival, Matilda. His favourites, the ene- mies of Roger, watched and nourished his jea- lousy ; they observed that Stephen's mind was irritated by the repeated rumours of an approach- ing invasion ; and they convinced him that the ruin disposition, Stephen in general treated the vanquished with lenity ; hut his indulgence appeared to multiply the number of offenders, and to encourage their obstinacy, till in a mo- ment of resentment, he ordered Arnulf of Hesdin and his ninety-three associates to be hanged (Orderic 917.) By the monkish writers, the particulars of these petty wars are narra- ted at considerable length ; the Saxon Chronicle thus alludes to this wretched period. " In this King's reign all was dis- sension and evil and rapine ; against him soon rose rich men ; they had sworn oaths, but no truth maintained, they built castles which they held out against him. They also cruelly oppressed the wretched men of the land with castle work ; they filled the castles with devils and evil men ; they seized those whom they supposed to have any goods, threw them into prison, and inflicted on them unutterable tortures. This lasted the nine- teen years that Stephen was king and it grew continually worse and worse " Such is the picture of tyranny and anarchy with which the annals of this reign present us, nor were the reli- gious orders, free from the universal contagion. " The Bishops " says a contemporaneous writer "the bishops themselves, I blush to say it yet not all, but many, bound in iron, and completely furnished with arms, were accustomed to mount warlike horses, with the perverters of their country, to partici- pate in their prey, to expose to bonds and tortures the knights whom they took in the chance of war, or whom they met full of money ; and while they themselves were the head and cause of eo much wickedness and enormity, they ascribed it to their knights" Gesta Stephani. p. 962. THE DEVIZES. 53 of the Bishop of Salisbury was necessary for his own security. A pretext was not long wanted for effecting his ungenerous design : in the month of June, 1 140, Stephen summoned a great council of prelates and barons to meet him at Oxford, and Roger and his nephews were commanded to attend. The old bishop pleaded age and infirmity, and en- treated the king to dispense with his presence, but as this was steadily refused, he resolved not to go unprotected, and accordingly summoned to his attendance, the chancellor his son, and a numerous body of his retainers weU armed. The " Bishop of Salisbury" says William of Malmsbury " set out on this expedition with great reluctance, for I heard him speak to the following purport. By my Lady Saint Mary, I know not why, but my heart revolts at this journey ; this I am sure of, that I shall be of much the same service at court, as a foal is in battle." Here, in consequence of a pre- concerted plan, a quarrel about a right to quarters was excited between the retainers of Roger and the servants of two foreign noblemen, Allan of Bretagne and Hervey of Leon. The next day the bishops of Sarum and Lincoln were arrested, the former in Stephen's chamber, the latter hi his own lodgings. They were confined in separate dun- geons, accused of violating the king's peace in his own court, and informed that he would accept of no other reparation than the surrender of their castles. By the advice of their friends they gave up Newark, Salisbury, Sherborn and Malmsbury. Devizes however remained in the possession of the 54 HISTORY OF Bishop of Ely, who when the other bishops were arrested, had escaped from his pursuers, and re- tiring to that fortress, garrisoned it with all the retainers he could collect, and defied the power of his sovereign. Confident in the strength of the place, he trusted that he should be able to keep it till the arrival of the Empress Matilda in Eng- land, and with this view, made preparations for a vigorous defence. Immediately upon this, Ste- phen having secured the other three castles, came with his prisoners and sat down before Devizes ; but perceiving that the place was of great strength, and aware of the difficulty and loss of time that would attend a protracted seige ; instead of making a hostile attack on the castle, he resorted to the following expedient whereby to obtain his end without delay. Having ascertained that Matilda of Ramsbury was also in the castle, he erected a tall gibbet on an opposing eminence, and forthwith announced to the dame that its object was for the immediate execution of her son the Chancellor, unless she prevailed on the bishop of Ely to surrender the place, adding also that neither was her lord the Bishop of Sarum to be suffered to eat or drink until the terms were com- plied with. To heighten the scene, he caused the unhappy Chancellor to be arrayed in irons, and with a halter hanging about his neck, to be led in company with his father to the very gates of the castle, for the purpose of exercising their personal influence on her feelings. She herself was anxi- ous to comply with Stephen's demand, but the THE DEVIZES. 55 bishop of Ely remained inexorable. For three days, although the execution of death was delayed, the king subjected his unfortunate prisoners to all the privations of ignominy and famine. The old bishop, says one authority,* was confined in the crib of an ox-lodge in The Devizes, and his nephew in a vile hovel more loathsome than the other. At the end of the above mentioned period how- ever, Matilda herself contrived to deliver up the keep or chief place of strength, and thereby com- pelled Ely to surrender the other parts of the cas- tle. Even these were not yielded, except on cer- tain terms ; he retained his liberty, but Stephen took possession of every thing. Forty thousand marks were found in the castle, besides plate and jewels to an incredible amount. Knyghton and Matthew Paris add, that the treasures found in this and the bishop's other castles, were made use of for the purpose of negociating a marriage for Eustace the king's son with Constantia, sister of Louis, King of France, and thus securing the co- operation of that monarch. On the aged Prelate this blow fell very heavily. Ruined both in body and estate, he was oppressed to the grave, and in the December following, died of a broken heart after having sat 39 years. To save what remained of his treasures from the royal rapacity, he gave them to his Church, causing them to be placed on the high altar. They were carried off by Stephen's order, even before the bishop's * The Continuator of Florence of Worcester. 56 HISTORY OF death. We cannot better complete the page of this remarkable man's history, than by reciting the pathetic summary of his career given by his biographer, William of Malmsbury. " To me it appears that God exhibited him to the wealthy, as an example of the mutability of fortune, in order that they might not trust in uncertain riches. With unrivalled magnificence in their construction as our times may recollect, he erected splendid man- sions on all his estates : in merely maintaining of which, the labours of his successors shall toil in vain. His Cathedral he dignified to the utmost with matchless ornaments and buildings, on which no expence was spared. He attempted to turn abbeys into bishopricks and bishopricks into ab- beys. The very ancient monasteries of Malmsbury and Abbotsbury he annexed as far as he was able, to his see. But fortune who in former times had flattered him so long and so transcendently, at last cruelly pierced him with scorpion sting. Such was that instance, when he saw those whom he dearly regarded, wounded, and his most favoured knight killed before his face ; the next day him- self, and his nephews, two powerful bishops, the one compelled to fly, the other detained, and the third, a young man to whom he was greatly at- tached, bound in chains. On the surrender of his castles, his treasures pillaged, and himself afterwards in council, loaded with the most dis- graceful reproaches. Finally, as he was nearly breathing his latest sigh at Salisbury, the residue of his money and utensils, which he had placed THE DEVIZES. 57 on the altar, for the purpose of completing his church, was carried off against his will. The height of his calamity was, I think, a circumstance which I cannot help commiserating ; that though he appeared wretched to many, yet were there very few that pitied him, so much envy and hatred had his excessive power drawn upon him, and undeservedly too, from some of those very per- sons whom he had advanced to honor." We must now recur to the events immediately fol- io wing Stephen's despotic seizure of the episcopal castles. The intelligence of the outrage committed by the king, was received by the clergy with sur- prise and consternation. To them he had been mainly indebted for his succession to the throne ; they still contributed to support him on it. Yet now he had shown himself the enemy of their order ; he had illegally usurped the property of the church, and he had impiously laid violent hands on prelates whose persons had hitherto been deemed sacred. His brother Henry bishop of Winchester, whonvjnnocent II. had lately invested with the authority of papal legate, foreseeing the evil consequences that would result from the dis- affection of so powerful a body, repeatedly con- jured the king both in public and in private, to offer satisfaction to the injured prelates. Stephen was inexorable, and the legate summoned him to justify his conduct in a synod of bishops. On the second day of the assembly, Alberic de Vere, a nobleman who appeared as counsel for the king, forbade them under pain of the royal dis- 58 HISTORY OF pleasure, to proceed any further Upon this sig- nal, the knights who had followed him, drew their swords, and the legate was compelled to dissolve the assembly. The mention of these circum- stances is not irrelevant, since we shall presently have to refer to them again. Stephen's triumph was but of short duration. Within a month after this transaction Matilda and her brother Robert landed on the coast of Suffolk, and England was speedily engaged in a most bloody pastime Each rival competitor had numerous partizans, but the majority of the barons, shut up in their castles, either affected to observe a strict neutrality; or under the mask of submission, main- tained a real independence. This was the case with the castle of Devizes, which about this time was seized by a young Norman named Robert Fitz-Herbert ; one who appears to have very an- xiously coveted the character of a genuine ruffian. He is said by the author of " Gesta Stephani," to have taken the place by means of scaling ladders, made of thongs of leather ; a circumstance which tallies with an observation of William of Malms- bury, viz. ' ; that he was a man well versed in the stratagems of war." A few other of the acts and deeds of this worthy from the same narrative, are as follows " When at any time, which was ex- tremely rare, he liberated his captives without torture, and they thanked him for it on the part of God ; I have heard him reply, " Never let God owe me any thanks". He was accustomed to boast of having been present at a place on the Con- THE DEVIZES. 59 tinent, where 24 monks were burnt together with their church ; declaring that he would do the like in England. Shortly previous to his taking De- vizes castle, he had surprized that of Malmsbury, and pillaged the town for a fortnight. The ap- proach of Stephen's army however compelled him to shift his quarters, when he made an unsuccess- ful attempt on the Castle of Trowbridge, then in the occupation of Humphrey de Bohun. But be- ing now in possession of Devizes, he is said to have boasted that he was master of all the coun- try from London to Winchester ; and sent word to the monks of Malmsbury, that so soon as he had a little leisure on his hands, he intended to visit them for their allegiance to Stephen, with the total demolition of their Abbey, and the slaughter of themselves. Ere however he could carry this benevolent scheme into execution, his career was fated to sustain a slight check. Though he had pos- sessed himself of Devizes in the name of the Em- press Matilda, his conduct soon rendered it mani- fest that he held allegiance to no one. Accordingly when she came and demanded the place for her particular use, he refused to surrender it, where- upon John Fitz- Gilbert (governor of Marlbro' castle,) who had also declared for the Empress, undertook to avenge her cause ; but aware of the strength of Devizes Castle, instead of attempting to reduce it by open force, he laid a snare for its ruthless captain, and having secured his person, condemned him in irons " Without pi tie, hanged to be And waver with the wind." 60 HISTORY OF Matilda's cause after this, gained the ascendant for a short period. Stephen was defeated in bat- tle, and confined in irons to Bristol Castle, while his fair rival was crowned in London, as sovereign lady of England and Normandy. But her bright hopes were soon defeated by the impolicy of her own conduct. Naturally haughty and vindictive, she indulged those passions in the pride of power which in her previous condition she had carefully smothered. This conduct alienated her friends, and exasperated her enemies, and in the course of a few weeks we find her a fugitive from Winches- ter where she had been beseiged, and seeking shelter in the castle of Ludgershall. Here she thought to repose herself awhile, after the fatigue of a perilous and precipitate flight ; but was quickly compelled; to pursue her way to Devizes. Her retainers however not arriving in sufficient numbers to render the Castle tenable, it was deemed necessary to continue the route to Glou- cester, a step which was not effected without con- siderable difficulty, It is affirmed by one writer* that in order to elude the vigilence of her pursuers, she was conveyed out of the castle in a coffin, and that the road was so beset, that she was compelled to remain a prisoner in it, all the way from De- vizes to Gloster. Stephen now regained his liberty, and parties were again placed on a more even footing. The period of Lent which immediately followed these events, produced a temporary cessation from arms, * The Continuator of Florence of Worcester. THE DEVIZES. 01 and the Empress embraced the opportunity of holding two Conferences or Parliaments at the Castle of Devizes, whither were summoned her retainers and partizans from all quarters, to deli- berate on her future movements. The principal transaction at the first of these, was a resolution to despatch an embassy to Geoffrey Plantagenet, Earl of Anjou, (the Empress's second husband) and endeavour to engage his services in her cause. That nobleman however, to whom his wife had long been an object of dislike, was moreover ta- king occasion from Stephen's imprisonment to overrun Normandy, and was but ill able therefore, to co-operate in the more distant views of Matilda. Nevertheless he finally consented to send his son, Henry, (afterwards Henry II.) and three hundred men, under the guidance of the Earl of Glocester, who had conducted the embassy from Devizes, and who on his return thither, again met his mis- tress at the Castle, and gave occasion to the se- cond Conference there. At its conclusion, Matilda retired to her head-quarters at Oxford, which pre- sently after, became the seat of war ; but as none of the subsequent transactions of that struggle in- volve any mention of Devizes, it would be foreign to our purpose to take any farther notice of them, otherwise than in reference to the disordered state into which some of the Church's possessions were thereby thrown, and in which the district of Devizes or Kannings pre-eminently participated. The castle having been torn from the See of Salisbury by king Stephen, we have already seen 62 HISTORY OF that the Synod called by the Bishop of Winchester (Stephen's brother) to deliberate on the justice of that measure, was dissolved by the king's authority before they arrived at a determination. This property therefore, as well as some others, though retained by a despotic act in the hands of the crown, and passing almost immediately afterwards into those of the Empress or her partizans, were still liable to be claimed by the Bishops as former dependencies of their sees. That they were so claimed, we shall presently have occasion to see ; but in the first place, it may not be uninstructive briefly to contemplate the position which the clergy occupied in relation to the crown at this crisis. The above arbitrary proceedings of Stephen had greatly exasperated the Bishop of Winchester, and when Matilda shortly afterwards enjoyed her brief hour of triumph through the victory of Lincoln, she laboured hard to complete the alienation of the Brothers, and to secure to herself the allegiance of a Prelate, who in his office of papal legate was ipso facto at the head of the English clergy, and able through their means to exert an almost un- limited influence on the Barons and people. Ac- cordingly she waited upon him in person at Winchester, and though he for a long time affec- ted to regard her overtures as totally inadmissible, yet upon her offering him the disposal of all the church preferments, he at last agreed to throw up the cause of the king his brother without farther reserve, and to obtain for Matilda the suffrages of the clergy. On the morrow he received her THE DEVIZES. 63 with great pomp in the Cathedral church, where he solemnly excommunicated all the King's friends, and absolved all such as would abandon his party, and come over to the Empress. The Archbishop of Canterbury soon followed in the Legate's train, but was so squeamish as to procure the king's consent first, to obtain which, he visited Stephen himself in prison. After this, the bishop of Winchester soon be- became disgusted with Matilda's conduct, and indeed was the principal agent in causing the ig- nominious expulsion from her throne to which we have already adverted. Excommunication was now thundered from the same oracular mouth, against all her adherents, as so many enemies to the public peace. Nevertheless no long time elapsed, before it became evident to the bishops, that though the power of Stephen was nominally paramount, yet that his cause was in reality daily on the wane. They had renounced and re-re- nounced that of Matilda, yet they entered into close engagements with her aspiring son, the young Duke of Normandy ; and when Stephen in order to secure the crown to his son Eustace, was anxious to have him crowned before his own death, the Archbishop of Canterbury flatly refused to comply with his request, and fled into Nor- mandy to escape his vengeance. Such was the game in which these crafty churchmen were now engaged; favoring each par- ty by turns, only to play into their own hands, and by the skilful application or withdrawing of 64 HISTORY OF their powerful aid, to endeavour to bring both into subjection. While the succession was thus hang- ing in doubtful suspense, Matilda had been grie- vously assailed by them on the subject of the lands she had ravished from the church. In this cause they engaged some of the Norman clergy, and by way of urging the justice of their claims, entertained her with a view of the heinousness of her trespass, and reminded her of the woes with which they would feel it their duty to visit her, in case of her obstinate refusal. As an illustration of this point, and as being more immediately con- nected with our present enquiry, since it involved the fate of Devizes, we now proceed to notice the case of Potterne and Kannings. Matilda in- deed had done nothing more in the matter than carry out the line of conduct adopted by those who had preceded her in the possession of the castle, or at any rate what they would doubtless have pursued, could they have retained that strong position in their own hands. The Canons of Salisbury, it is true had obtained various conces- sions and redresses from Stephen, but then they were made at a period when he had almost en- tirely lost his power in these quarters. Soon after the death of Bishop Roger, Stephen had nomi- nated his own chancellor Philip de Harecourt to the vacant seat, but the Canons having united with the Legate, in opposing his election, Ste- phen to punish them, withheld for a long time the nomination of any other Bishop and seized upon all the remaining revenues of their Church. On THE DEVIZE?. 65 the elevation of Joceline de Bailul however, which took place in 1 142, he is said to have " re-instated the affairs of the Church," as mentioned above, but this re -instating could not have applied to De- vizes, or the district which it commanded, since it does not appear that the castle passed out of the hands of Matilda or her adherents, at any one pe- riod after its seizure by John Fitz-Gilbert of Marl- borough. Against the Empress it was therefore, that the clergy directed their artillery of Candle, Bell and Book, to recover these lost estates : and though they succeeded in inducing her to relinquish the adjunct lands at Devizes, yet her partizans on the spot were by no means disposed to resign the eagle's nest itself. This proved the principal dif- ficulty in the affair, and caused its final adjust- ment to remain in abeyance for many subsequent years. The earliest document preserved on this subject at Salisbury, is one without date, but it must have been executed in 1148. It runs thus. " Matilda Empress, and daughter of King Henry To her son Henry and all her faithful followers, health and prosperity, Know that I by the com- mand of the Lord the Pope, have restored to God and to the Church of Salisbury, that is to Joceline her bishop, all those lands which I held in my hand, the Cannings and Potterns, (terras Caningas et Poternas) with all their appurtenances as well in men as in land ; And this restoration I have made in the presence of the Lord Hugh Arch- bishop of Rouen, and of many Abbots of Nor- 66 HISTORY OF rnandy, and of my barons, before whom it was made, to the intent that I will never, either of myself or by my signature abstract the said lands from the Church of Sarum, or disturb their quiet possession. Therefore I command you, and thee my son Henry, that on your parts, you adhere to this my act of restoration, by delivering in peace the said lands to the Bishop, and holding me DS- soiled from sin and excommunication. Thus shall ye seek your own welfare and my honour." Wit- ness. Hugh Archbishop of Rouen at Falaise in Normandy. This dignitary then advertizes the Canons at Sarum of the step taken, in the following missive entitled, " A Charter of the Church of Salisbury given by Hugh Archbishop of Rouen for the con- firmation of the Act of restitution made by the Empress Matilda," &c. &c. " Hugh by the grace of God Archbishop of Rouen. To the Dean and entire metropolitan Church of Sarum health and grace. Know all that we, by the command of the Lord the Pope, have convened with the Empress, that with regard to the lands which she abstracted from the Church of Sarum and held ; she will restore them. Also she hath verily acknowledged in our presence the audacity of the said inroad on the Church's pos- sessions, hath openly recognized the rights of the said Church, and in obedience to the mandate of our Lord the Pope, she hath restored the Can- nings and Potterns &c. &c. to God and the Church, and with her own royal han a St. John 1485 a 241 13 115 28 93 774e 8,000 1 3300 600 32 258 49 187 104 20 1539 12,900 9 * Total of the Wards 6367 1172 41 497 71 375 236 23 2737 23,670 277 18 1 a. Signifies approximate numbers. 6. Rated at 12 shillings in the pound. The best houses are rated at one third of the rack rent ; an inferior class and public houses at one fourth : cot- tages &c. at one fifth. c. Of these, 163 houses are rated under 6. d. Five rates each 1 s on land and 6d on houses assessed on two thirds of the actual value. e. At 6s 6d in the pound, assessed on a propor- tion between one third and a hah of the rack rent. /. At 6s in the pound assessed on two thirds of the value. g. Of these, 50 are rated under 60. 198 HISTORY OF CHAPTER VII. SKETCH OF THE FINANCIAL HISTORY OF THE BOROUGH ORIGIN AND INCREASE OF DEBT MODE OF LIQUIDATING THE SAME ENLARGE- MENT OF THE MARKET BUILDINGS COMPARI- SON INSTITUTED BETWEEN THE OLD SYSTEM AND THE NEW. THE Mayor and Burgesses of Devizes held the Bailiwick of the Borough, consisting of the Law- day and View of Frank-pledge, the profits of fairs and markets, fines, perquisites, waifs, estrays, and a variety of other emoluments arising within the Borough (with a few exceptions) by a yearly rent of a hundred shillings until about the 32nd year of Henry VIII. at which time the Manor and Borough with appurtenances were parcel of the Queen's jointure. At a survey then taken by her commissioners, upon which it appeared that the then Mayor and Burgesses could make out no title to the Bailiwick, otherwise than by Prescrip- tion, which it was contended was of no avail when opposed to the King's right ; they were urged to take a lease of it from the Queen, which they therefore did, at the same rent as formerly, hold- THE DEVIZES. 199 ing it in terms of twenty one years. This con- tinued till the 7th of James I., at which time, not- withstanding that eighteen years had to run to complete a term, one Edward Wardour of St. Martin-in-the-fields, Middlesex, Esquire but af- terwards Knight, obtained a lease thereof, for a term of forty years from the king, in reversion of the lease then in existence. This new lease how- ever, on the payment of no less a sum than 300 to Edward Wardour, was in turn assigned and set over to the Mayor and Burgesses, who in order to preclude the possibility in future of leases being obtained over their heads, petitioned the Crown for a grant of the fee-farm of the Bailiwick, which after much vexation and delay and the further payment of ^120 was at length made, to be held as before, as of the manor of Estgrenwith in Kent, in free and common socage, and not by knights' service or in capite ; the rent of a hundred shil- lings to be still paid . This was the occasion of the new grant of Charter also, from James. At the period of the suppression of the Chaun- tries and the arbitrary appropriation of their re- venues by the ministers of Edward VI. the diffi- culties experienced in so many cases, in coming at the full knowledge of the premises from which those revenues were derived, would appear from the following extract, to have involved the pro- perty of the Corporation of Devizes in some slight difficulties.* The document in question, which * The Chauntries in Devizes, most or all of which seem to have been attached to St. Mary's parish, are particularly spe- 200 HISTORY OF is dated 1626, sets forth that the Corporation of Devizes having from time immemorial been seised in their demesnes of fee and right in divers messuages, burgages, lands, tenements, and here- ditaments within the Borough of Bishop's Can- nings, Rowde, Meeke and Marlborough, and hav- ing had several other demesnes in and near the Borough drawn from them by colour of concealed lands ; they, on the 23rd of Elizabeth, in order to prevent similar mischiefs in the residue of their possessions, did, without advice or consent of Coun sel, entitle the Queen to them. Whereupon a grant of them from her was obtained as concealed lands unto William Erwood, to the use nevertheless of the Borough-fund by a yearly rent of 10 to the Crown, notwithstanding that the said lands had ever been in charge before the auditor of the county, and could never therefore be said to have been concealed. The property held in the hands of the body cor- porate, deriving its commencement probably from a few insignificant burgage tenures in the first in- stance, and with the rising commerce of the Town, gradually expanding itself by the aid of various augmentations made at different periods, came in the cousre of time to be very considerably inter- mixed with that of individuals, as well as partially changed in character. It would however be quite impracticable to trace the alterations it has thus undergone, and the majority of readers will think cified in the department devoted to the ecclesiastical history of the Town. THE DEVIZES. 201 it equally uninteresting to enter into any specifi- cation of its various parts as now existing. All that is designed, is to exhibit in as few words as the nature of the subject will admit, and with as little of reference as possible to individuals or to collective bodies, a view of the past resources and future prospects of the corporate revenue. INCOME. The ordinary revenues of the corpora- tion have at all times arisen from rents of various kinds, and from the tolls of its Fairs and Markets. Some of these however have become quite extinct : for instance, under the head of Rents, it formerly received some from certain lands at a distance from the Borough, which rents were denominated Castle-Guard. This on all probability was a con- sideration granted to the Borough for the defence of the Castle of Devizes, to which the inhabitants were bound by the Charter of Richard II already adverted to. These rents varying from 6 to 10 appear to have been received so lately as 1689, but have entirely ceased for many years, and little is now known of them. So also under the head of Tolls, the income was at a time within the memory of persons living, considerably swelled by the market for wool and yarn. Entries of re- ceipts for " Rents of the Wool-Hall" appear as late as 1800. (This Hall which stood where the present Town Hall is erected, was taken down in 1 803.) The yearly revenue from wool and yarn, 202 HISTORY OF which is supposed to have consisted in charges for weighing and warehouseing, amounted at one time to 50 ; a fact forming in itself a sufficient re- cord that one, valuable branch of industry has been lost to the Borough, which once numbered six or eight establishments for the manufacture of diffe- rent cloths from English wool. The other sources of income which have re- mained comparatively unchanged were first, Chief Rents or small annual charges upon free- hold property. Entries of these appear on the books to a very remote period, accompanied by descriptions evidently applicable to houses within the Borough, on which they are paid to the pre- sent hour. These rents are very numerous, but trifling in amount, some of them being as low as one penny. In 1835 they amounted to only Q 19s. Quit Rents : these are small payments for en- croachments on the streets, and for vaults under them ; also for land over the course of the Town ditches, and in situations which were originally public thoroughfares. An entry dated 1615 in the Chamberlain's accounts denominates these lat- ter as" Rents of Streets and Town-ditches." The quit rents have usually averaged about 14 per an. Though Chief rents are properly those which arise from freeholds, yet in some cases they have become payable upon leaseholds also, in addition to the quit rents. This appears to have been occa- sioned by the liability of the corporation to pay chief rents on some of the property so leased by THE DEVIZES. 203 them, and thereupon a special reservation was made of a sum to the extent of their own liability. The third and last description of Rent to be mentioned, is that paid on property held by lease from the Corporation ; consisting of yearly amounts reserved on granting the leases and of Fines, which were in effect a sale of all the re- mainder of the rents to the end of the term. In some cases in the minutes of Council, the grant- ing of renewals for a lengthened term, is called the " Sale of leases " The amount of rent reserved upon each successive lease appears to have re- mained unaltered, until within a few years back. It is stated in the Municipal Commissioners' re- port that the practice of the Corporation was to renew their leases when half the term was expired. This plan however was not universally adopted. They did not refuse a renewal, if this time had passed, and there are numerous instances of re- newals made, when an unexpired term existed, much longer than the half. Neither did they covenant to renew them at all ; so that it is im- possible for Lessees now to avail themselves of the provisions of the 95th section of the Munici- pal act, which permits the granting of leases for more than 31 years, without a special covenant for improvements, on the ground of custom. The terms on which renewals were effected un- derwent two changes within the space of 50 years. Before 1790 the fines were computed by reference to the poor rates for the annual value, and allow- ing interest at 6 per cent. After the above date 204 HISTORY OF the tables were altered to 5 per cent, and in 1808 the standard of the poors rates was given up, and the yearly value was ordered to be taken at rack- rent. In practice one and a half year's rent was usually taken as the amount of the fine on leases which had an unexpired term of 50 years, and if the reserved rent was encreased, a proportionate deduction from the fine was made. The houses of the late corporation as well as some of the lands on which their quit rents were received were let for 99 years ; the remainder of their leaseholds for 60. The practice of letting for 99 years absolutely is of ancient usage in Devizes ; it has been traced to the time of Queen Elizabeth, and leases are extant of 7th James the 1st. which recite the surrender of former leases. By an unrepealed bye-law passed in 1 722 it was ordained that all leases should be for 99 years on one, two, or three lives, notwith- standing which, the late Corporation had not a single lease on lives. The reduction of the term on leases of land, to 60 years, took place about a century ago ; and this is the term of all such as at present remain unexpired. The system of renewing leases under such un- favourable circumstances, by Corporate bodies who adopted it, as well as that of commuting fu- ture rents for a fine paid on granting the lease, having occasioned the introduction of a clause which is now the 94th section of the Municipal Corporation act ; a good deal of discussion arose THE DEVIZES. 205 upon the question in Devizes while the bill was before the house of Lords, and a petition was adopted against the clause by a small majority of a very small meeting of the Inhabitants. It is unnecessary now to renew such a discussion since another clause, by the permission to grant leases for 75 years under a contract for building, has made sufficient provision for the improvement of Corporate property. The circumstance that no leases can be renewed for many years to come (except for building) would have made the loss of fines as a source of income certain, even if the Town Council had not resolved on abandoning them for economical reasons. The reserved Rents which had been encreased about 15 per annum since 1825, were stated in a memorial presented by the New Council to the Lords of the Treasury in 1836, to be 96 14*. 2d. The fines between 1808 and Midsum- mer 1825 were an average of s85 per annum ; from 1825 to 1833 they were a390 8s. 9d. per annum, and for 1834 and 1835 297. The Tolls of the fairs and markets which next demand our notice, constitute a description of income of a much more variable kind than the former. As chronological indices of the advance or decay of particular branches of commerce, they possess considerable interest. Allusion has al- ready been made to the loss of the tolls on wool : the corn market however, has on the other hand greatly increased ; so much so indeed as to have become the principal feature in the trade of the 206 HISTORY OF town. The toll on corn is the only one which is taken in kind ; it consists of a bowl of the corn or seed taken from every sample sack pitched in the market for sale. There are other tolls for pitching or standing on the soil, which apply to all commodities offered for sale, and to horses, sheep, and pigs ; nothing is exempt, but cattle, upon which no dues have yet been demanded, ex- cept on the Fair-days, when it is always taken. Even the ancient basket women have the honour of contributing to swell the public purse by the payment of twopence, which is levied on every basket containing articles for sale. The cheese market is held in the Town Hall and the charges in this department are for weighing, as well as for pitching and warehousing between the market days. The profits of the Butchers' market, which have experienced considerable reduction, arose from rents paid for stalls and standings. The butchers were restricted by a bye-law from selling in their own houses, either on Thursday or Mon- day, in order to enforce their attendance at the public mart. This they lately resisted and the dispute gave rise to an action, which terminated in their defeat in 1835. The verdict thus obtained by the late Corporation, was suffered to remain a dead letter, and the hesitation thus manifested in enforcing what they considered their claim, naturally tended to increase in the opposing party that unwillingness to comply with the verdict, which a law-suit would hardly serve to mitigate. It is but fair also to add, that the buildings .in THE DEVIZES. 207 which the markets had been held, were to a great extent unsheltered, and in so dilapidated a state, as to make the justice of compelling an attendance much more than questionable. The adjustment of this point formed one of the many difficulties which encompassed the new Town-council, on coming into office. The total amount of Tolls has been so variable, and they have been let in such different portions, that it would be next to impossible to state any- thing approaching to a fixed annual amount. The market days were formerly on Thursdays and Mondays ; the latter which has given its name to one of the streets, has long been abandoned. The two principal fairs are held on Holy Thursday and on Candlemas day. The revenue derivable otherwise than through the channels already described, may be briefly stated as " Donations and Legacies Sales Fines for refusal to take office in the Corporation, and for non-attendance at Council meetings Fines on contracts and a few fees for uses. Such being the sources of income, it remains to offer a few observations on the expenditure of the late Corporation of as popular a kind, as the subject will admit. Whatever the expences were, they had for a very long time exceeded the means of defraying them, and occasioned the creation and gradual augmentation of a debt, chargeable with heavy interest. Of the data and origin of this debt it is now impossible to speak with any degree of certainty, but from a variety of 208 HISTORY OF extracts from the Chamberlain's books given in a former chapter, it is evident that if there was any period in the history of English Boroughs which warranted the creation of a local debt, it was that of the civil wars of Charles I. That such a debt was then forming, is evident from the entries of payment of interest on different sums borrowed, but then these payments are in perpetual contact with so many others, of the ruinous demands made by the Royal paity on the resources of the poor little Borough, as to present an excuse for their conduct, which no one could well dis- allow. Whether or not then* continuance of the practice in later days, admits of an equal justifi- cation, can best be gathered from a careful ex- amination of the nature of their payments. For such examination the reader is referred to the report published in 1 836 by the Finance Com- mittee. The appointment of this Committee was one of the first acts of the new Town -Council, and whatever may have been the feelings naturally occasioned at the time, in the minds of some, by the exposure of their accounts ; it will surely be admitted, that the diligence displayed by the Committee, and the moderation and candour with which their strictures are conveyed, entitle them to the thanks and good opinion of all parties. The few notices which here follow on this sub- ject are necessarily taken in a great measure from the above report. The fixed charges on the corporate income, were, 1st the Fee-farm Rents amounting to abou t THE DEVIZES. 209 30 being payments made to grantees of the Crown, though it has long been unknown on what property it was first chargeable. 2nd. The Land- Tax on public buildings, 6 13s. 7d. 3rd. Rent charges payable almost wholly to Charities, 5. 10s. in addition to the Interest of the Debt which of course varied at different times, according to its aggregate amount and the rate of interest. Previous to 1 833 this was wholly payable on ac- count of Charities, either for loans from the War- dens of the Alms houses, or for specific Charitable bequests which had been thrown into the funds of the Corporation previous to 1786, (except a small amount on an arrear of Fee-farm rents) and was in some cases paid at the rate of 7 and 8 per cent. But in the above year, after the visit of the Charity commissioners, a committee of the Corporation investigated these Charities, and it was determined to pay off the sum of 300 which was found to consist only of loans for charitable funds, of which the parish officers were trustees ; and to reduce the interest on the remainder to 4 per cent. In that year also it was that a bond was given for 41 years amount of arrears of Fee-farm rents and interest, being together 600, to the late Mrs. Sutton and another to Mr. Salmon for 1500, the amount of his law expences. The interest on the whole debt after this period amoun- ted to 141. 12s. and after 23 December, 1835, to 171. per annum. The annual and occasional expenses consisted in salaries of officers repairs and insurance of 210 HISTORY OF public buildings expences at the Town Hall and that long list of others, which like the customary allowance for the Mayor's dinner, are now not only considered unnecessary, but happily are for- bidden by the strict definitions of the 92nd section of the Municipal Act. Of the above charges, only those which come under the head of salaries, admit of being given as fixed amounts. Those already enumerated are the ridiculously small sums of 2. 13s. 4d. paid to the Steward and Clerk of the Courts, and 4. divided between two Chamberlains. The Bedell and Hallkeeper re- ceived 15 ; while the other inferior officers were paid in the aggregate 50. 8s. beside 8 shillings each for their attendance at the Quarter Sessions. These last mentioned functionaries consisted of two Sergeants at Mace, bedecked in cloaks and cocked hats, two Bailiffs and four Sub Bailiffs ; their principal occupation was to figure in presence of the Mayor on Sundays, and of the whole Cor- poration on occasions of particular solemnity \ but the sergeants had also the duties of constables who act only when called upon, and also attended the Council meetings. Half of their whole number, were discharged by the present Council, and the other half retained as policemen and bailiffs. A variety of circumstances are detailed by the Committee, respecting the decay of the income arising from tolls, but as they rather relate to the practice of the Chamberlains and the conduct of their collectors for the time being, they are only noticed here as parts of a system, which could THE DEVIZES. 211 allow of accounts remaining unaudited, for nearly 50 years, viz. previous to the year 1832. This year was the period when the Corporation at length awoke. The representation of the Borough in parliament was no longer in their hands, and having the discernment to perceive that municipal reform would soon follow the re- form in the house of Commons ; their auditing committees which for nearly half a century had been deaf to the call for accounts, now presented them with a sight of their debts and obligations. The visit of the commissioners in the following year, disclosed to the public the amount of the Debt then bearing interest, as 3815 and for the first time convinced the inhabitants, of Devizes that the mystery which had always enveloped the affairs of the Corporation had never been adopted to conceal their riches. This sum was reduced as already stated above, by 300 in 1834. The last addition made to it was on the 23 Dec. 1 835 the occasion of the last meeting of the old Corpo- ration, when 560 the amount of Mr. Salmon's, law bills was added, and also 100 each to two gentlemen who had filled the office of Mayor, but who had hitherto been unable to obtain the allowance for their annual " entertainment " so overburdened had the resources become. The following is a brief sketch of the progres- sive increase of debt from the year 1785. In October of that year it consisted of Loans at Interest 1555 An old debt to Messrs J. and T. Eadea 345 10 1909 10 212 HISTORY OF . *. d. Besides other amount of floating debt which can- not now be ascertained In Oct. 1803 it consisted of Loans at Interest. .1515 Arrears of fee-farm rent and Interest due to the New Alms houses 151 2 1666 2 Floating Debt 321 1987 2 In Oct. 1816 it consisted of Loans at Interest. .1715 Arrears of fee-farm rents and Interest due to the New Alms Houses'. . . 522 2 2237 2 Floating debt, about 399 2636 2 On the 31 Dec. 1835 it consisted of Loans at Interest 4325 Floating debt exclusive of expenses incurred by the operation of the Municipal Reform Bill. 21819 9 Expenses to this date of said bill 68 17 3 4612 17 Other claims received after the report was pub- lished, about 82 8 4 4695 5 4 Deduct debts due to Corporation 28 8 4667 4 8 Being the total ascertained after the actual payment of nearly the whole amount THE DEVIZES. 213 The finance committee have in their report par- ticularly distinguished the donations presented to the Borough ; these principally came from the gentlemen who from time to time represented the Borough in parliament, though there are other smal- ler ones from private individuals ; and they appear to have formed (during a certain aera, in the history of English boroughs,) no inconsiderable part of the revenue. Neither the erection of public buildings nor any extensive plans for repairs or improve- ments, were ever undertaken without such aids. They are alluded to in this place more particularly for the purpose of reciting the minutes of council relative to the liberal proposals of Mr. Estcourt, and Mr. Smith, for the liquidation of the debt. A committee had been appointed on the 19th June, 1812 "to collect and examine all Chamber- lain's accounts, and all other accounts concerning the Chamber, and for taking account of the debt due from the Chamber, and of the probable means of discharging them." This committee was or- dered to act immediately, and the day was fixed for their first meeting. On the 25th Sept. 1812, they made their report, which contained a declara- tion that the debts of the Corporation could not be less than 4700, and the following is the minute of Council on the 29th of the same month. "Mr. Estcourt previous to entering on the bu- siness of the day, adverted to the report made by the Committee on the subject of the debts of this Corporation at the last Court of Common Coun- 214 HISTORY OF cil, and offered to take upon himself to discharge one half of the amount of such debts, provided that the sum necessary to discharge such half did not exceed 2500. It was therefore unanimously resolved that the said offer be accepted, and that the thanks of this Corporation be given to Mr. Estcourt for his very liberal and generous offer, and for the very honourable manner in which the subject was brought forward by him, as well 'as for his unremitted attention to the interests of this Borough on all occasions." Mr. Smith soon after contributed the like sum for the liquidation of the other half of the Debt. These two gentlemen had also presented a thou- sand pounds each towards the erection of the New Town-Hall, making altogether 7000, being about 584 more than the cost of the Town-hall and its furniture. Having said thus much on the subject of the formation of the debt, we have next to contem- plate the measures which the new Town Council adopted to shake off so troublesome an appendage. The embarrassments which fettered their move- ments at the very commencement of their official existence arose from a variety of causes. In the first place they found an exhausted treasury and the whole of the Borough-property on leases for long terms of years ; the income from rents was consequently perceived to be incapable of increase to any great extent, even on the supposition which appears at first to have been entertained, that the practice of renewing 99 year leases at THE DEVIZES. 215 the end of 50 years, might be continued ; for there were only eight leases of less unexpired terms than 50 years, and the average of the whole unexpired terms was more than 70 years. They felt great unwillingness also, to continue the system of taking fines on renewals, nor did it re- quire much calculation to show, that if the rents not due until a period, which could only commence after 50 years were received, with the deduction of compound interest for all the intermediate period (which is the proper method of estimating it,) in order to spend them for present ordinary expenses ; the resources of the Borough would continue to be wasted. Part of the Market also was found to be totally unproductive. The cause of this has already been described, while speaking of the market for Butchers' meat. Moreover a difficulty existed in levying any rate to supply these various differences. All the parishes were assessed to the poors rates in a different proportion of the annual value of the properties rated, and when the grant of Quarter sessions was made, the Council had to decide, whether they would put the parishes to the expence of a special survey, or allow a debt to accumulate for the new expences, (which occasioned the balance against the Council on the 31st. Aug. 1838), until the poor-rate as- sessment act, then recently brought before par- liament should come into operation. The only rate granted therefore was the Watch rate, the amount of which, they knew would form a de- duction from the rates levied under the Improve- 2 1C HISTORY OF ment-act, in those parts of the Borough at least, to which the powers of that act extended. Such being the state of things, it appeared that the only means of removing the main difficulty, lay in the power given to sell Corporate property by the 94th section of the Municipal act, provided such sale were sanctioned by three of the Lords Commissioners of his Majesty's treasury. Accordingly a careful estimate of the whole of the Borough property was forthwith set on foot : as the result of which, the Committee reported the annual value to let, to be 4769 and the nett annual value, after deducting all outgoings, (in which repairs and insurances were included) to be 4028. The estimated present value of the re- versions, and the reserved rents of the Leaseholds was given as 13112, besides that of the public buildings and the toUs. The deficiency of income was estimated at 172 per annum, or about the amount of the interest of the debt, in addition to the amount of an annual Borough-rate sufficient to cover the expenses formerly paid by the County, and charged upon the parishes as County-rates. The sum proposed to be raised by the sale was 7000, to be applied not only to the paying off of the debt, but also to the improvement of the markets. A memorial to this effect was therefore for- warded to the Lords of the Treasury, by a Coun- cil which sat on the 23rd Dec. 1836 and this was followed by many other communications: but in the month of May 1837, the Council determined THE DEVIZES. 217 on sending a deputation to wait on their Lord- ships, in consequence of their having expressed great unwillingness, to allow of such a manifest sacrifice as would be incurred, by the sale of re- versions in fee whose average length of term was 70 years. On the return of the deputation (o Devizes, they dispatched another missive to the Lords of the Treasury, for the two-fold purpose of keeping them awake to the subject, and of urging the jus- tice of the petition. In the September following, the Treasury allowed of sale to the amount of 4922 for the payment of debt due up to the 26th Dec. 1836, but refused the request to sell for the improvements of the market buildings. An examination of the memorial and other communications both personal and in writing, which were made with his majesty's government on this subject shew that the most untiring exer- tions were made, both in the first step towards a sale, and in the subsequent labour of valuing the reversions of about 126 Leaseholds obtaining the wishes of their proprietors and selling the whole on favorable terms to the lessees, without compe- tition. But that which it is most desirable to re- cord, is the nature of the arguments used, for selling property of such a kind, and the proof given, that this decided course, was taken upon sound principles. 1st. It was contended that the reversionary value of the Borough property in lease, was four times as much as any future probable expenditure. 218 HISTORY OF The extent of this property had previously been hidden from the public by the smallness of the aggregate amount of rents reserved on granting the leases ; viz, ,96 14s. 2d. and the practice which had so long prevailed of raising funds for current expenses, by selling the rents of future and remote periods. 2ndly. That this value had been encreased as the effect of the recent improvements of the Borough, by the investment of more than 14,000 by the lessees on their leaseholds ; occasioning since the commencement of those improvements, an encreased revenue from fines, averaging four times as much as those of any former period. Srdly. That the improvements were of a kind to which the borough property had beenap plied previ- ous to the time when the inhabitants became rated for them. That they had occasioned the expenditure of more than .13,000, raised partly by subscrip- tion, partly by rates, and the remainder by loans which were still unpaid : and Finally. That in the opinion of the Council, it was unjust that the Borough should be further taxed to pay either the principal or the interest of a debt of the late Corporation the effect of which taxation could only be, to preserve a reversionary value in the Borough property, in which the pre- sent inhabitants could have no interest. These arguments were accompanied with the assurance that it was the wish of the Council to abandon the system of receiving fines on renewals, and since their request has been complied with, THE DEVIZES. 219 at least to an extent sufficient to pay off the debt ; ihe future Councillors of the Borough will doubt- less consider themselves bound in honour to act in accordance with that declaration. A proposal had been made in the same year, to build a covered corn market, and 1 78 farmers and dealers united in requesting the Council to provide such a building. Notwithstanding how- ever that this proposal was included in the state- ment of the intended improvements of the market buildings, and was eagerly pursued by ail parties interested ; when the condition imposed by the Treasury of raising by subscription 1400, or the one halfofthe sum necessary, was made known, and members of the Council had offered to subscribe 200 themselves ; only a few of the agricul- turists beyond their committee offered any as- sistance at all, and the plan was in consequence given up. The Lords of the Treasury as already asserted, refused of sale for this purpose, but allowed the Council to raise a sufficient sum to reconstruct and enlarge the market buildings. This object so desirable for the agricultural interest of the neighbourhood, no less than for the restoration of an essential branch of income to the Borough, was carried into effect in the year 1838, and it now devolves on the inhabitants generally, to prosper an undertaking which called forth the manifestation in a few individuals, of no ordinary liberality and public spirit. An additional remark or two on the expenses 220 HISTORY OF incurred under the auspices of the present Town Council will bring this subject to a close. The proceedings of this body being open to the inspection of all the burgesses, are presumed to be generally known ; but on the occasion of granting the first Borough-rate in October 1838, it was deemed desiratle, in consequence of misrepresen- tations publickly made, to publish an explicit view of their accounts from the 1st of January 1836, to 31st of August 1838, together with those of the last Chamberlain of the late Corporation ; by which it appeared that the ordinary income from the Borough property had been sufficient during a space of two years and eight months not only to pay the ordinary expenses to which the late Corporation would have been liable (ex- clusive of interest) but also to pay 333 7s. lOd. of the additional expenses which the Mu- nicipal act and the grant of the Quarter-sessions had thrown upon the Borough-fund ; whereas the ordinary income of the previous 5i years (of nearly the same amount according to time) had proved insufficient to meet ordinary expenses (exclusive of interest) by 621 19s, 5d. and cal- culating the comparative length of the two periods, this was shewn to be an economy of the monies arising from the Borough property of at least 217, per annum. * * It would be premature, on the basis merely of a few re- sults, which become in a manner obsolete as each successive year rolls round, to enlarge to any extent on the present con- dition or future management of the Borough resources. The THE DEVIZES. 221 Such are the observations which it has been deemed necessary and unavoidable to make on the following recital of the principal points contained in the State- ment of the Council are not therefore given with that view, but simply as an explication of the circumstances in which that body stood, in consequence of the expenses attending the most important change which the Borough has ever experienced. These new expenses were stated at 1104. 15s. 8d. against which the new income from Watch rates (previously levied by commissioners) and fines on summary convictions before the magistrates was given as 350. Is, 6d. and if the sum of 333. 7s. lOrf. the balance of the ordinary income be consi- dered as paying a part of these new expenses the balance of the deficiency must be 421. 6s. 4d. The extraordinary expenses amounted to 295, 12s. 4d. after deducting money received as a credit in account, to which sum was also added the interest of the Old Debt 446. 8s. Id. as not belonging to the period, making together 742. Os. 5d. The amount of the sales of Freeholds, and the interest on those which remained unsettled on the 31st. August, was 4924. 8s. Wd. : but the Debt on the 31st. Dec. 1835 being only 4667. 4s. 8d. it appears that 257. 4s. 2rf. of the expen- ses^classed as extraordinary since 1835, and of the interest on the Debt was paid by the sale of property. The balance shewn to be due at 31st, August, 1838, in con- sequence of the delay of the Borough Rate, appears therefore to have been created thus s. d. By the accumulated balance of the Annual ex- penses 421 6 4 By the extraordinary expenses and Interest of the Debt 742 5 Less by 257 4 2 484 16 3 906 2 7 222 HISTORY OF financial affairs of the Borough. Beyond what has been already stated, it would be invidious to enlarge on the causes which led to so great a change in the actual composition of the Council. All parties must admit that some change was ne- cessary ; and if the existence of a Debt without the possession of means to pay even ordinary ex- penses, is to be regarded as an evil, and if the accounts on this subject have been put forth by upright men none can have more cause to re- joice in this change than the members of the late Corporation. The objects which have recently been accomplished, were valuable and important to all parties : that it would have been next to im- possible to accomplish them under the old system, few will dispute : and even those who may feel disposed " to cast a longing, lingering look be- hind " towards that system, must feel sensible that it had become worn out, and incapable of much longer continuance : while those who have promoted the success of the new, must admit in favour of their predecessors, the sanction of for- mer precedents, and the influence of a variety of feelings incident to our common nature, which it is more easy to deprecate, than to shake off. Of all topics, that of public accounts, while it is the most unsocial and uninviting, generally proves also the least satisfactory ; remaining after each successive attack, in much the same con- dition as poor Peter Peebles's law suit, which notwithstanding the many learned efforts made to get at the bottom of the affair, proved totally THE DEVIZES. 223 bottomless to every successive aspirant that ven- tured to try his hand at it. Nothing therefore could have induced the introduction of so much of this description of matter into a work intended to lighten a passing hour, but the conviction that some notice of the late proceedings would be ab- solutely required, in order to render it complete as a whole. Entertaining these views, the writer can feel no possible chagrin if this Chapter be found as dry an entertainment in the perusal as it has proved in the compilation : or indeed that the majority of his readers have when half through it, rejected the rest, exclaiming " Ohe jam satis." HISTORY OF CHAPTER VIII. ECCLESIASTICAL HISTORY OF DEVIZES MARTYR- DOM OF WILLIAM PRIOR AND OF JOHN BENT PETITION OF THOMAS HALL INSTITUTIONS TO THE RECTORY CHANTRIES PRIORY OR HOSPI- TAL OF ST. JOHN INSTITUTIONS TO PRIORY DISPUTE WITH THE RECTOR OF THE PARISH. THE rectory of Devizes comprizes the parish of St. John the Baptist and that of the Blessed Vir- gin Mary. These are wholly distinct one from the other as to all parochial purposes in general ; each possessing a parish Church, but forming an united rectory, not in charge, in the archdeaconry and Diocese of Salisbury. The living is in the patronage of the Crown, and the incumbent is said to have been usually presented in accordance with the wishes and choice of the inhabitants of the town. The designation of the establishment is " The rectory of St. John the Baptist with the chapel of the Virgin Mary annexed. Its net annual revenue estimated on an average of three years ending on the 31st December 1831, is stated in the report of the ecclesiastical commissioners to be j518. Of the two parishes thus embraced, that of St. THE DEVIZES. 225 John, is by far the largest in extent, as it includes the rural district of 600 acres, called the Old Park. It is less populous than St. Mary's, but its superior wealth is indicated by the circum- stance, that in the assessment for a county rate, though the population of St. Mary's in 1831 was 2,589 with 514 houses, and that of St. John was only 1 ,973 with 239 houses ; yet the former was assessed at little more than half the rate levied on the latter ; a result which accorded also with the proportion of the population to the houses, being six to a house or nearly so in St. John's, and only five in St. Mary's. Lately the inhabitants of the park claimed it to be extra parochial, but the Rec- tor succeeded in establishing his right to the tithes there, as part of his parish.* Whatever St. John's may now be termed, it is certain, that for many centuries, it was but a free chapel, and continued occasionally to be so called until the time of Edward the sixth ; perhaps much later. Its origin as such, is involved in much the same obscurity as is the early history of every thing else connected with Devizes. The aera of the construction of the architectural fabric is a question discussed in another place. Not the least mention is made of either Church or Chapel in Devizes in any of the ancient eccle- siastical surveys or taxations. There is no such allusion in Pope Nicholas's Taxation in 1291, nor in the Nona Roll of 1342, nor even in the general * Southbroom or Devizes Green is under the episcopal juris- diction of the Dean and Chapter by their Comtnunar. 226 HISTORY OF parliamentary survey of 26th Henry VIII. 1535 ; The scanty information which we happen to pos- sess on the point, being principally derived from accidental notices occurring in inquisitions made relative to the state of the town, on two or three occasions, or from the Chapter records of the Diocese. From the omission of it in the last men- tioned survey viz. that of Henry VIII. (sometimes called the king's book) the living is not in charge to pay first fruits and tenths, so that although called a rectory, a doubt has been suggested whe- ther or not it was originally more than nominally so, unless indeed so constituted by act of parlia- ment. Accordingly when the Bishop of Salis- bury, in 1809 made his return to the Governors of Queen Anne's bounty, he certified that St. John's at Devizes was a rectory augmented and discharged, and that its yearly value was 132 arising from voluntary contributions, rent of cot- tages and augmentation. The incumbent could certainly rejoice in the title of Rector as far back as 1325 but then he has also been called " Capellanus." In fact, consid- erable confusion of terms is observable among these early notices. We read of the " Two chapels" the parish of St. Mary with the chapel of St. John annexed, " the chapel of St. Mary within the parish of St. John" " The vicarage of St. Mary" and others. The annexation of one to the other, (no matter which,) is presumed to have taken place in the 14th Century, as the in- stitution of 1398 is the first to mention it. The THE DEVIZES. 227 presentative advowsons both of these and of the Church at Rowde used to be involved in the grant of the respective manors in which they existed ; and this grant was invariably made either to the Lord of Devizes Castle or to the Queen. The following entries from different sources constitute nearly all the traces we now possess of their early history. In the " Abbreviatio Placitorum " under the head "Hundred de Divisis " we read that the churches of Devizes were in, the gift of William Furneaux through Prince John, and were worth 1 1 1 marks. In Henry Ill's reign (Rotuli HundredorumJ " The churches of St. John and St. Mary are in the gift of the Crown, and are worth per annum ten pounds : Henry of Winchester holds them. " The same authority in the reign of Edw. I. terms them chapels. For the petition of Thomas de Yutflet relative to the tithes of the park, made in the following reign ; see the municipal history of the town, in Chapter IX. A certificate of 37th Henry VIII returns " the free chapel of St. John within the parish of the blessed Virgin in the Borough of Devizes, the founder said to be unknown, and that it possessed certain lands and tenements in the hand and dis- position of the Mayor of the Borough. By ano- ther of the same date, a more full description appears of these premises ; which seem to have been principally in Bishop's Cannings. 228 The certificate of 2nd Edward VI, describes it under a similar title ; and from another of the same date as to charities is extracted the follow- ing entry. " Also the Borough of Devizes, a great town, wherein be but two parishes and but one parson, in which two parishes be the number of 900 people, which receive the blessed Com- munion, and no priests besides the parson, to help in the administration of the word of God and sacraments, saving the Chauntry priests. Where- fore the Mayor and Brethren of the saH Borough desire the king's most honorable council to con- sider them accordingly." A dispute which existed between the Rector of the parish and the Prior of the Hospital of St. John will be noticed in the account of that insti- tution. Other than this, there is little to add on the subject of the ecclesiastical history of Devizes. Its inhabitants never bore a character for any high degree of sanctity rather the reverse though there is some reason to hope that the state of feel- ing which once gave rise to a rhyming district not greatly to the credit of the Town, is becoming as obsolete as the proverb itself. It does not appear that many of the inhabitants figured in the fire and faggot proceedings of the sixteenth century. The " Bishop's Register" at Salisbury, chronicles the names of only two natives of Devizes, as hav- ing rendered themselves conspicuous in those try- ing times, (at least they are the only ones which the writer has chanced to become acquainted with,) William Prior having embraced doctrines opposed to THE DEVIZES. 229 the Roman tenets, was induced to recant them; but afterwards relapsing into heresy, was committed to the flames at Salisbury in the year 1507. Henry Shercot in 1 5 1 7 having abjurated similar principles, received absolution accordingly, and of him we hear nothing more. Fox in his martyrology makes men- tion of one John Bent a tailor of Urchfont, who for denyingthedoctrine oftransubstantiation, was burnt to the death in the market-place of Devizes, about the year 1533. Another sufferer here, was a farmer named John Maundrell, a native of the village of Rowde, who having been heard to speak slightingly of certain Romish rites, was arraigned before a conclave in Eddyngton Abbey, and con- demned to walk about the market at Devizes, clad in a white sheet, and bearing a candle. This took place in Henry VIII's reign ; after which he remained in peace in his house at Beckhampton, till the restoration of popery under Mary com- pelled him to seek safety in obscurity. But be- coming bolder he repaired to Devizes to the house of a friend named Anthony Clee, to whom he an- nounced his resolution of abandoning all further concealment of his principles. By this determi- nation therefore, notwithstanding the entreaties of his friend, his subsequent conduct was immediate- ly influenced, and his martyrdom finally accom- plished. He was burnt with two other of his friends named Spicer and Coberly, on the plain between Salisbury and Wilton, 24 March, 1556. At that unsettled period, when the claims and pretensions of laymen and clergy were perpetually 230 HISTORY OF by turns gaining the ascendancy, the affairs of most parish churches must have been in great disorder. St. John's we find from the public re- cords was bestowed on one occasion by Edward VI. on Richard Roberts to be held in fee, and sometimes its affairs appear to have been placed in the hands of trustees, as will be more fully seen by the following letter, being the petition of one Thomas Hall, to the bishop of Salisbury, written from Devizes in Queen Mary's time : the date of year is not given (one of the burgesses returned for the Borough in 1555 was named Thomas Hall, it may therefore very probably be the same per- son.) The letter is as follows : " In most humble wise I commend me unto your good lordship whos3 prosperous state God preserve, most humbly beseeching your honor to stand good lord unto these my neighbours the bringers hereof, for that they have been much misused by certain men of this parish which have been the Churchwardens, to wit, John Smyth, Edward Haynes, James Francys, John Adl'ngton, John Blandford and Edward Helear : these afore- said persons having the custody and bearing of the parish church, stock plate, jewels and other ornaments, have sold and otherwise consumed from the church and parish by .... (obliterated) means, within ten years or thereabout, all these parcels following, that is, One fair great cross with Mary and John, by estimation well worth thirty pounds. One pair of candlesticks by esti- mation worth fifteen pounds. Five Chalices THE DEVIZES. 231 worth twenty pounds Two censors worth twenty pounds One great Pyx worth five pounds two cruets worth forty shillings. One sylvate worth four pounds One shep with a spoon worth five pounds Two great bells out of the Tower worth twenty five pounds/andas much brass and iron as go through to the worth of ten pounds, and the rent of the said Church which is by the year eight pound ; all which goods and moneys is not at the present time in the Church stock, above five pounds that doth remain in their hands aforesaid ; and thus have led the parish forth with fair words, promising to pay it at certain days ; but nothing is brought forth, and now of late they have craf- tily used such days of meeting or recovering, when they are sure that the wealthiest and chiefest of the parish be from home, as they did now upon Monday being twelfth market at Salisbury, and did know all the chief of the chiefest of the parish (who could these have been) to be there, made a recovering among themselves, and so have shor- tened the debt, as they thought meet for their purpose. These things considered, 1 humbly be- seech your honour to have regard unto these parishioners, for that they be most credible men. And of these men as beareth more charges in the town to the Queen, and other necessary charges, one of them more than all the company, before writing this matter, is before Master Chancellor in your Court ; wherefore I humbly desire you to move Master Chancellor in it. The cause that I write so earnestly is that the parish hath a good 232 HISTORY OF opinion in me, thinking that by your good lord- ship's favour towards me, that I may do them some pleasure therein. Thus being over much bold with your good lordship, I commit you and all yours to the everlasting God Amen. From The Devyses, this present Monday being the 1 5th day of January, by the hand of your poor humble servant, THOMAS HALL. The early books of the overseers and church- wardens of St. John are missing, but in those of St Mary, antecedent and subsequent to the Refor- mation it is interesting to observe, the opposite purposes to which the money was applied as differ- ent rulers dictated different faiths to their people. Beginning at 1499 for example, we meet with such objects of expense as the following, " paschall and font lights pries! s' garments making canopy on Corpus Christi day boards for constructing a sepulchre; midnight watching of said sepulchre, a book of the visitation of our Lady, and so forth. But immediately after the Reformation "Thomas Maundrel" is paid " for making clean of our Lady" and others soon after are paid for "plucking down of the side altars " and the high altar. On the very year of Mary's ascension one Bartlett is employed to " set up the altar again ; the Scriptures and ten commandments written on the wall of the church during the pre- ceding reign are then ordered to be defaced, and the rood-loft is re-erected for the reception of the large cross and the images of Mary and Joseph. Then THE DEVIZES. 233 follow in the old track, items "for timber for making Mary and Joseph " "for holy oil, holy water pots, rochets and green banners." Queen Elizabeth ascends, and down comes the rood-loft with Mary and Joseph ; "the studds off the coats" and " the brandering about our Lady's coat " are all sold off, together with organ-pipes, bellows and candlesticks. An abbreviated account of the institutions to the Rectory, taken from the registry at Salisbury will conclude this part of our subject. 1310 on the 1 1th of the Kalends of Nov. John de Aune was presented to the Church of Devizes by the lady Margaret, the Queen Dowager. 1312 6th Ides of August. Master Thomas de Yutflet or Yeongeslete was presented by Queen Margaret, on the resig- nation of the previous incumbent. 1349 May 29. Stephen West a deacon was presented by Philippa (Edward Ill's queen.) 1361. Sep. 3. The Bishop of Sarum admitted John de Botiler priest, presented by Queen Philippa to the Church of Devizes which was void by death. 1391. 22 May. At Sarum William Stoke, clerk, was pre- sented by the lady Anne (Richard II's Queen) 1392. 17 May. Master Thomas Kynewyk, chaplain, was presented by the same Queen. 1398. 25 Nov. The Bishop admitted Master John Wyther to the " Church of St. John the Baptist in Devizes, with the chapel of St Mary in the same town, to the church of St John annexed" to which he had been presented by king Richard II. This as before observed contains the earliest notice of the annexation. 1400. 16. Oct. The same bishop admitted Master Andrew 234 HISTORY OF Swyneford to the parish church of St. John void by resig- nation. 1402. 30 July. The rector of Devizes made an exchange with Henry Netherhaven the vicar of Bedminster signed at Sherbourne. 1412. 7 March. The Bishop admitted Thomas de Tibbay, presented by Joan Queen of Henry IV. 1417. 26 March, Robert de Tibbay succeeds on the resigna- tion of Thomas de Tibbay. Presentation by the same queen. 1420. John Almote on the presentation of Humphrey duke of Gloster succeeds Robert de Tibbay, in the " Church of De- vizes," void by resignation. 1426. The rector of Devizes exchanges with William Gold- smith rector of Estwreth in the same Diocese. 1429. Dec. 28. William Goldsmith exchanges with Gilbert Crede rector of the church of Smerdon in the diocese of Can- terbury. 1433. April, 1 1 . John Wygrynne is presented by Humphrey duke of Gloster to the Church of Devizes, vacant by death. 1468. April 17. Henry Booste master of arts, succeeds, on the presentation of Elizabeth the queen of Edward 4th. Void by death. 1474. July, 16. John Smith, elk, is admitted, on the re- signation of the former same Patron . 1475. John Bishop of Rochester succeeds, presented by Elizabeth. 1479. He having resigned, the Bishop of Sarum by the con- sent of the lady Elizabeth, presents John Bishop of Tyne, (" Tinensis Epis." probably one of the suffragan bishops) to the " Church of St. John," in the person of John Giles licentiate, who acts as his proctor, and a mandate is issued to Edward Godfrith vicar of Wilsford, and John Hulet of Devizes, chap- lain, to induct either the said Bishop or his proctor accordingly. 1480. Jan. 28. Henry Boost B. D. Provost of the Queen's College of Eton, is admitted on the presentation of Queen Elizabeth, to the " Church of Devizes" void by death. THE DEVIZES. 235 1502. May, 1. Edmund Chollerton succeeds to the rectory, void by the resignation of Henry Boost, same patron. 1526. August 31. John Craffbrd B. D. priest is presented by Katharine of Arragon, Henry 8's queen, on the death of Edmund Chollerton. 1533. June 14. William Dawson was admitted (absolutely) in the person of John Scott his proctor. Patron, Queen Ka- tharine. (1540. Circiter. Robert Peade was the Incumbent, though not mentioned in the Registry.) 1570. Queen Elizabeth presents Patrick Blare to the Church of St. John void by the death of John Beare. 1590. Circiter. Nicholas Stranguidge appears to have fol- lowed. 1602. The Queen presents John Davies, on the resignation of Nicholas Stranguidge. 1644. Nov. 9. John Prestwick, A. M. is admitted and in- stituted into the " Vicarage of St. Mary the Virgin." (A deficiency occurs in the Registry from October, 1 646, till June, 1660.) 1681. Nov. 23. The Bishop admitted James Dyer, elk. to the " Rectory of St. John with the Chapel of St. Mary an- nexed." Patron King Charles II. (Robert Townsend was the next incumbent, though his name does not occur in the Registry.) 1721. Oct. 14. John Shergold, A. M. was admitted on the presentation of George I. The living void by death. 1738. Nov. 8. William Wells, A. M. was admitted on the presentation of George II. void by resignation. 1774. March 3. Edward Innes, A. M. succeeds on the presentation of George III. void by the death of William Wells. 1789. January 8. James Lediard is presented by the King on the death of Edward Innes. 1833. April 5. Edward James Phipps succeeds on the death of Mr. Lediard. Presentation by the Lord Chancellor. 236 HISTORY OF CHANTRIES. The Churches of Devizes, like many others during the Catholic ages, possessed certain appendages, known by the name of Chantries. These were endowments for one or more priests, bestowed on condition that they should sing masses, and perform other divine offices for the benefit of the soul of the founder, and also the souls of such others,, as might be specified in the institution. The spots appropriated for this pur- pose were sometimes merely private altars erected in the side aisles or other parts of the Mother church, though not unfrequently, small chapels were partitioned off, or annexed to the body of the church. The traces of the former are now therefore seldom visible in protestant churches ; the latter of course remain unchanged, as they con- stitute essential parts of the fabric. The return of a commission made in the reign of Henry VIII. and dated 14 February, 37th of that reign contains an account of the revenues of the following chantries in Devizes. First, a chan- try founded by John Coventry in the parish church of St. Mary in the Borough of Devizes worth after deducting reprizes 6 10s. 2d. per annum. Another chantry of the said John Coventry, founded in the same Church,] worth deducting reprizes 14 10s. lid. (These repri- zes are rent resolute to the Queen issuing out of the said lands as being within her manor of Devi- zes, and the like rent resolute paid yearly for a tax called "Castle Ward" for such lands as were held in the park.) Thirdly, a chantry THE DEVIZES. 237 founded by William Coventry, founded also in St. Mary's Church, reprizes to the manor and a Charity to the alms houses deducted, leaving 6 65. 6d. per annum. Fourthly, a chantry within the chapel of St. John the Baptist, in the parish of St. Mary the Virgin in the said Borough of the foundation of Richard Cardmaker, worth per annum 6 3s. 4d. We learn the existence of a fifth from an inquisition of 2nd Edw. VI. descri- bing it as founded by John Cardmaker within the parish Church of St. John, It goes on to state that " the said John Cardmaker gave certain lands and tenements within the Borough of The Devizes unto the Mayor and brethren thereof and to their successors for ever, to the intent that they should find one honest priest to sing at the altar of St. Leonard within the said church for the soul of the said John Cardmaker for ever, and the same to have, for his yearly salary or stipend. And the incumbent Thomas Hancock is a right honest man, well learned and right able to sustain a cure- Albeit a very poor man, and hath none other living but this salary ; also he hath occupied him- self in and about the preaching of God's word ever since he had the same chantry.'' Soon after the Reformation, chantry endowments met with the fate of the larger monastic institu- tions, and went to the wall as relics of Catholic superstition. They were effectually abolished by Statute 1st Edward VI. c. 14, which declares all entry into the lands or other revenues in terms of the foundation, unlawful ; and confiscates the 238 HISTORY OF property to the king with some exceptions in fa- vour of universities and other seminaries. In the 2nd year of Mary and Philip the king and queen granted the lands and messuages belonging to the chantries of the two Coventrys to two persons of the names of William and Roger Allen to hold in fee. At this period also, our learned friend above, Thomas Hancock on losing his post as incumbent of Cardmaker's chantry was charged with a yearly revenue of . Mr. Brit- ton mentions this last circumstance in his Wilt- shire, but he states that Hancock was the incum- bent of William Coventry's chantry. This arose from his supposing that chantry to be one and the same with the chapel constructed in the north east angle of St. John's church ; but the Coven- try-chantries appear to have been all in St. Mary's, and moreover Mr. Phipps has disclosed an inscription against the east window of the said chapel which seems to point out one Richard Lamb as the founder. Three of these sort of ad- ditions have been made to the body of St. John's church, but we have no decisive proof that they were ever designed as chantries, though it is highly presumable that such was the case. PRIORIES. It now remains to speak of the eleemosynary institutions of Devizes. These were only two in number being Priories or Hospitals, which Bishop Tanner in his " Notitia Monastica" describes as having been situated in or near St. THE DEVIZES, 239 John's churchyard in his own times. One of them he adds was founded for leprous persons A.D. 1207, and cites a closs roll, directing the Sheriff of the County to allow them to hold a fair ; and a patent one which institutes Nicholas Coven- try chaplain, to the wardenship of the said Hos- pital in the time of Hen. IV. This description of establishment was conducted by a Master bearing the title of Prior, whose as- sistants were a Chaplain and a certain number of monks ; and the foundations like those of the lar- ger monastic corporations, were made capable of receiving gifts and grants by patent. Though Tanner mentions two as having existed in Devizes we meet with the specific mention of only one, in the institutions to the government thereof, and the other fragments of its history which have reached us ; a circumstance that induces the sup- position that unless the other was one of the nu- merous class termed Alien-priories, it must have been erected at a comparatively recent date, and possessed of no foundation at all. No vestige now remains of either, unless it exist in the name of a messuage in the neighbourhood of Devizes, still called Spital-croft. Concerning the one founded for lepers, the first historical notice we have of it is contained in the closs letter mentioned above, dated 1207, and ad- dressed by King John to the Sheriff, thus " Know that we have granted to the lepers of Devizes, that they shall have at their house, a fair year by year, to continue during two days, viz. the vigil 240 HISTORY OF of the blessed Dionysius and the day following, so that it may not interfere with the neighbouring fairs, and we command you to publish this through- out your bailiwick. Witness James of Potterne dated at Devizes. 1314. 8th Ides of May. The Mayor and burgesses of De- vizes presented John de Wyt of Potterne, priest, to the Priory of the Hospital of St. John at Devizes, the same being vacant and the presentation belonging to them. 1321. 4th Nones of Sept. At Sonnyng, the Mayor and burgesses of Devizes presented William le Trappe, Priest, to the priory of St. John. 1336. 2nd Ides of Sept. at Cherdstock, Queen Phillippa and king Edward presented Elias de Ely, clerk to the Warden- ship of the Hospital. 1399. Henry IV. presented Nicholas Coventry, chaplain, to the government of the hospital of St. John, " in the king's town ofVyze." 1468. 28 April. At Ramsbury, the Bishop of Sarum ad- mitted Thomas Cleve priest, to the office, to which he had been presented by John Raynold the elder, Mayor of the Borough. 1513. 27 May. Bishop Audley admitted Mr. Thomas Wil- kynson, chaplain, and he, most probably was the last incum- bent, bearing the title of Prior. In the episcopal registry at Salisbury is pre- served a document bearing date 1325 and termed " an ordination of the Bishop for the Rector and Prior of Devizes " It is an instrument drawn up for the adjustment of various disputes previous- ly existing between the Rector of the parish church and the Prior and Brethren of the Hospital as to the fees received at the celebration of masses ; and sets forth to all sons of holy mother Church, that whereas William called Trapp, Prior of St. THE DEVIZES. 241 John's by virtue of certain apostolic receipts, had lodged sundry complaints against the Rector of the church of Devizes; And that in consequence thereof, the Prior of Bradenstock and the Abbot of Stanley as his commissary having been delegated by the apostolic see, to cite the parties before them; the said Prior had on that occasion delivered cer- tain propositions delivered to writing, reciting a list of benefits, of the which he and his precursors had long lived in the peaceful possession, but of which the Rector had latterly evinced an anxiety to claim the lion's share ; inducing in consequence, sundry passages between them, not calculated on the whole to draw the bonds of union unnecessarily tight That now however the mutual desire of peace and good order, inducing them " highly and lowly to submit themselves unto the decree and ordination of the Abbot and Prior aforesaid " they were willing to bind themselves to the observance of a variety of regulations which are therein set down. An abridgement of them is as follows. "In the case of funerals or burials and anni- versaries of whatsoever persons deceased, after the same Rector and his parish priest for the deceased and present bodies, or like anniver- saries ; it shall be lawful for the said Prior, after the readings of the gospel and oblations made in the masses aforesaid, to celebrate the third mass in the parish church ; and the moiety of the obla- tions at the same mass, by whatsoever persons given, without fraud or design, to receive and have. But the money or bequests for any particular mass- 242 es, to wit, in honor of any saint, or for any per- son living or dead, or for other divine offices by him celebrated, or by any one who ought to do duty in the parish church, and which to the Rector and parish priest belong of common right, or which are due for tithes, and accustomed to be paid in their name, and in no manner by way of donation or legacy, or in any other way under any colour whatsoever, shall receive, unless perchance on the same day when such monies to him are offered for masses and celebrations, the Rector or his parish priest for similar celebrations on the same day being present, hath received ; on which said day, the Prior, before the celebration so made hath been fully satisfied : in which case, it shall be lawful for the Prior so to do, but withoit pre- judice to the mother church, as to which money or oblations the said Rector or his parish priest shall certify if required the Prior hereupon. And in days for feasts and holidays and all others except those above mentioned, it shall be lawful for the said Prior by himself, or by any other person of his house, to celebrate divine offices and caiise the bells to be rung, but without prejudice to the Mother-Church, viz. that the oblations what- soever, made to hirii or to any other person cele- brating on such days in his house, by devotion of those hearing masses, as well that which, is offered by the Parishioners of the Church in the like mass- es, or on a sudden offered, he do restore to the Rector ; in return for which, he the Rector is bound to behave himself courteouslv ; on which THE DEVIZES. 243 said days, every one willing to attend from devo- tion to hear the divine offices or to pray, without prejudice to the parish Church, shall be freely admitted ; but the oblation if any there be, on the same days, to wit, on simple holidays and profoasts from new-comers or strangers, shall be restored to the Rector as before stated, though ostensibly such comers shall be beholden to the Prior in his cha- racter of a religious person, though in his own proper person he shall not assume any thing, but content him with the common vestments after ithe manner of secular priests religiously, though not after the regular manner in his own house ; he shall live sparingly and decently, and shall pay all manner tythes great and small of the lands, curtilages, and gardens within the aforesaid parish being as the other parishioners thereof. And the said Prior, as to sepulture only, if liv- ing elsewhere, shall not elect ; but all and singu- lar other persons, as well Familiars as others dwelling in his house, with ail things touching the parochial rights, ;shall be regarded truly and per- petually as parishioners of the Church of Devizes, and no parishioners shall be admitted to hear di- vine offices in the aforesaid Priory on the Sundays and greater holidays, nor to receive sacraments or sacramentals, unless with the licence of the Rector or his parish priest. JSIor in cases of danger of death, shall he the Prior minister unto them, con- trary to the form underwritten, nor on the same days shall he celebrate mass for them publickly or cause the bells to be rung ; but if he will he 244 may do so privately, after that divine offices in the aforesaid church shall have been Derformed, or at C least after the elevation of the body of Christ made in great mass, and not before, unless by licence of the Rector or his parish priest, and in form underwritten. Neither shall any bread or holy water be administered to the said parishioners, nor to those of the villages, nor to strangers hear- ing mass there ; no oblations under whatever name shall be received there or elsewhere in the parish, except the moiety of the oblations to the said house and those presented on the nativity of John the Baptist, arising as well from the parish- ioners as from strangers by devotion being there, and willing to make offering. These which the Priors being present, have been, as they assert, in the habit of receiving, that is to say, the moiety thereof, they may continue to receive, surrendering the other moiety to the Rector. And in case of be- quests made for the sustentation of the house afore- said whether to the Prior thereof or to the sick there, provided there be no deceit or fraud in this tehalf, that is, provided the bequests bear the character of oblations for their prayers, and not that of tythes due or accustomed, or of parochial rights conferred or bequeathed ; then the Prior shall be at liberty, saving first the ordination aforesaid, to take and have all such gifts, alms, &c. and to pray for all the benefactors of his house and its founders daily in the mass by way of general com- memoration. But if it chance on the Sundays or greater holi- THE DEVIZES. 245 days, that the Constables (of the Castle) or other burgesses of the townships, or strangers shall wish to hear mass in the church, for them or for any of them only ; it shall be had early, without the ring- ing of the great bells, but only of the small bell ; and the celebration thereof shall be with a low voice at the elevation of the body of Christ ; and provided no other parishioners be knowingly ad- mitted, bread and holy water shall be conferred ; the oblations to be disposed of according to the above definition, this only being added, that if the lord the King or the lady the Queen or their children or servants whether knights or any other strangers making stay on Easter day, are willing to communicate oblations at the due time as though made by parishioners of the church ; such communications witlT effect to be restored to the Rector. The Holidays which the Prior before the ele- vation as aforesaid shall not celebrate, unless in the cases above excepted are as follows, to wit. The Nativity Circumcision and Purification The Annunciation of the blessed Virgin Easter As- censionPentecostAssumption, and Nativity of the blessed Virgin All saints Holy Trinity Corpus Christi and Palm Sunday, together with certain Sundays of the whole year and other days which the parishioners by way of espousals, dedica- tion of the church or other matters, ought by cus- tom or of right to keep, when solemn processions, congregations, or sermons are had in the Church ; of which espousals, processions, &c. the Rector or 242 HISTORY OF es, to wit, in honor of any saint, or for any per- son living or dead, or for other divine offices by him celebrated, or by any one who ought to do duty in the parish church, and which to the Rector and parish priest belong of common right, or which are due for tithes, and accustomed to be paid in their name, and in no manner by way of donation or legacy, or in any other way under any colour whatsoever, shall receive, unless perchance on the same day when such monies to him are offered for masses and celebration-, the Rector or his parish priest for similar celebrations on the same day being present, hath received ; on which said day, the Prior, before the celebration so made hath been fully satisfied : in which case, it shall be lawful for the Prior so to do, but withoi.t pre- judice to the mother church, as to which money or oblations the said Rector or his parish priest shall certify if required the Prior hereupon. And in days for feasts and holidays and all others except those above mentioned, it shall be lawful for the said Prior by himself, or by any other person of his house, to celebrate divine offices and caitse the bells to be rung, but without prejudice to the Mother-Church, viz. that Ihe oblations what- soever, made to him or to any other person cele- brating on such days in his house, by devotion of those hearing masses, as well that which, is offered by the Parishioners of the Church in the like mass- es, or on a sudden offered, he do restore to the Rector; in return for which, he the Rector is bound to behave himself courteouslv ; on which THE DEVIZES. 243 said days, every one willing to attend from devo- tion to hear the divine offices or to pray, without prejudice to the parish Church, shall be freely admitted ; but the oblation if any there be, on the same days, to wit, on simple holidays and profoasts from new-comers or strangers, shall be restored to the Rector as before stated, though ostensibly sucli coiners shall be beholden to the Prior in his cha- racter of a religious person, though in his own proper person he shall not assume any thing, but content him with the common vestments after-ithe manner of secular priests religiously, though not after the regular manner in his own house ; he shall live sparingly and decently, and shall pay all manner tythes great and small of the lands, curtilages, and gardens within the aforesaid parish being as the other parishioners thereof. And the said Prior, as to sepulture only, if liv- ing elsewhere, shall not elect ; but all and singu- lar other persons, as well Familiars as others dwelling in his house, with all things touching the parochial rights, ;;shall be regarded truly and per- petually as parishioners of the Church of Devizes, and no parishioners shall be admitted to hear di- vine offices in the aforesaid Priory on the Sundays and greater holidays, nor to receive sacraments or sacramentals, unless with the licence of the Rector or his parish priest. .Nor in cases of danger of death, shall he the Prior minister unto them, con- trary to the form underwritten, nor on the same days shall he celebrate mass for them publickly or cause the bells to be rung ; but if he will he 248 HISTORY OF 19th Henry II. Under the head of Wardships and Escheats, Guido the Dean accounts for forty shillings received of the men of Devizes. 23rd Henry II. A talliage was assessed on the king's demesnes in Wiltshire, and paid under the name of a " gift " Devizes paid 8. 12. 10. 5th Richard I. During this year the first tax was levied on the kingdom as an aid to the re- demption of King Richard then in captivity The Borough of Devizes paid 3 marks : and on the occasion of the second tax for that purpose 100 shillings and 8. pence. 1 Oth Richard I. Another general talliage De- vizes paid 13 marks. 1st. John. Another talliage. The return states that Devizes is in arrearage by 5 marks. 2nd. John. The king confirms the Charter of privileges granted to the Burgesses of Devizes by his father Hen. II. on the payment of a fine of 12 marks and one palfrey. 20th. Henry III. At a general talliage, this year, the town pays 100 shillings. 30th Henry III. The town is in arrearage by 12 marks. The following notices relating to the Borough or its inhabitants are of a more miscellaneous cha- racter, and are derived from a variety of sources. It was necessary thus to combine a number of in- THE DEVIZES. 249 congruous events and arrange them chronologi- cally, in order to avoid the necessity of travelling too often over the same ground ; which the rea- der will readily conceive, is a matter of some diffi- culty to escape in a work like the present. Hen. II. The king grants to Richard Ruffe (inter alia) the forest of Seend, and the houses which he holds in Devizes. Confirmed in 1st Rich. I. and 5th John, confirmed to Thomas, nephew of the said Richard (C/oss Rolls.) 14th John. At a levy raised this year to aid the war against Prince Louis, the town furnished 10 men. ( Writs for Mil Ser.) 6th Henry III. William Brewer constable of the castle of Devizes is commanded to permit the men of Richard Bishop of Sarum to remain free from customs or tolls in the town of Devizes. T. R. (Closs rolls m. 18.) 7th Henry III. The King to the Sheriff of Wilts. Know that we will that a fair be held at De- vizes, once a year, viz. on the vigil, the day and the morrow of St. John the Baptist for ever. And we command you to publish the same through- out your bailiwick. Teste Hubert de Burgh, at Calne. (Closs Rolls, m. 15.) This privilege was obtained by Richard Poore, Bishop of Salisbury. 3rd. Edward I, In the early part of this reign, Inquisitions were held, and the returns made, known by the name of the Rotuli Hundredorum, to which we have already had recourse. Under the head of " Burgus de Divisis " are a variety of HISTORY OF queries put to the Jury, some of whose replies are as follows : They return That the king holds the Borough of Devizes, of ancient royal demesne, together with the advowsons of two chapels worth 10. That the Borough with the rents arising from the herbage and pannage of two parks, with two gardens, the rent of a little park and meadow, and the tolls arising from the market and from hawkers, makes a return to the king of 29. 2s. 4d. Another jury specifies these returns thus. The tolls of the market 9. 11s. perquisites of the Court 16. and from two bedells (bailiffs of the forest] 100 shillings. That the Borough has the return of burgesses or of briefs, (tirivmj Concerning lands held of ancient royal demesne they declare That Walter Fayrenture who had held of the king a certain burgage in capite, sold it to Thomas Revell, and that the abbot of Stanley now holds it. Who claims to have the return of briefs? That the constable of Devizes (Castle) has the return, and the burgesses playne much of unlawful de- straints. Item, the king has here a gallows ^cri- minal court,} the rents arising from bread and venison, with other things that to the crown per- tain CdoubtfulJ Concerning concessions granted to individuals, which have tended to impede the course of jus- tice That the burgesses of Devizes have a privi- lege granted by the king's predecessor, that no THE DEVIZES. 251 market should beheld within seven miles fleucasj of the Borough. That nevertheless Richard de Rokell had instituted one to be holden in the ma- nor of Steeple-Lavington on the day preceding the market day of Devizes, to the detriment of the latter, as shewn by the fact that the tolls though formerly amounting to 16. were now but 12. Concerning encroachments made upon the king That certain stalls had been erected in the mar- ket-place by Earl Warwick and Phillip Bassett formerly constables of the Castle, and being placed at a reduced rent, tended to the injury of the said market. The following names are those of the Justices of the Borough, constituting one of these juries viz. William Gray, Henry Procar, Geoffrey Bol- hard, Robert Gray, Philip Goring, Nicholas My- mhym, Hugh Honan, William Estmond, Geoffrey Edward, William Godio, John Tynctor, John Clark. 10th Edw. 1, At a muster at Rhudlan in Wales this year, William of The Devizes performed military service due from the Abbot of Malinsbury, for lands held by him. (Writs for MIL Ser.) During the same year, he performed the office for John de la Mare also. 10th Edw. I. The King caused Ralph de Sand- wich constable of the Castle, to convert the mea- dows in the Park of Devizes into pasture land for the support of the King's deer and other animals. 8th Edw. II. Thomas de Yutflet parson of the church at Devizes, complains to the king in 252 HISTORY OF parliament That his predecessors had the tenth part of the hay in the park : which meadow has lately been turned into pasture, and sold to divers persons for the feeding of their beasts. From which he claims redress. Response. John de Foxle, Master John Waleweyn and William de Harden, or two of them, are ordered to make in- quisition as to whether or not the king when the park was in his hands, was in the habit of giving away the tenth part, and in what shape or form. Also, to enquire, that if the said meadow has been changed When, and by whom, and to what ex- tent, and what that tenth part is worth. The inquisition to be made in the presence of the par- son and reported to the king. No report (Par- liamentary Rolls.) 4th Edw. IIT. On the same rolls is a petition from the Burgesses of Devizes, praying for the restitution of their former privileges. In the ori- ginal Norman French it reads thus " A notre seigneur le roi, et a son conseil, Prient les bons gentz de la ville de Devisis qu'il pleise de sa grace graunter a eaux 1'avaunt dit ville pur le aunciene estent, come ils solent avoir en temps be bone Roi Edward ; car ils sount enpoveritz et destrutz par fermours et estraungers qui fount execucion par bailiffs nient conuz, la ou ils duissent avoir eleccion de leur mesmes. D'altre parte, ils duis- sent avoir playne returne du Briefs lequele est ore par fermours detenu, a graunt damage de eaux, parquoy ils prient, pur Dieu, qu 'ils puissent avoir les usages et custumes sicome ils averunt en temps passe." THE DEVIZES, 253 Response. "Soit ceste peticion mande en Chaun- celrie, et illocqes monstrent comeut ils soleient tenir la ville, et droitleur soit fait." 20th Edw. III. On the occasion of a terrible tempest which destroyed the King's fleet at Ports- mouth this year, writs were issued to the various cities and towns to equip and send an appointed number of horsemen to meet tha king at Ports- mouth for the defence of the realm. The Mayor and Burgesses of Devizes are to furnish four men at arms. * (Writs for MIL Ser.) 24th Edw. III. On the occasion of another muster which took place at Sandwich in Sussex. Devizes sent one man at arms. 1 5th Rich. II. John Waltham Bishop of Sarum obtained a grant of free warren at Potterne, and at the same tune a confirmation of the privilege of holding the fair at Southbroom " without the town of Devizes." (Cal Chart.) 1510. The Borough representations were this year (2nd of Henry VIII.) chosen in the County- Court. Circiter, 1573. Among proceedings in Chan- cery of the reign of Elizabeth, occurs a case in which the Mayor and Burgesses of Devizes are plaintiffs, and Henry Grubb defendant. The ob- ject of the suit was a bill to stay proceedings at law ; the bill respected a claim made by Defen- * The numbers mentioned in the other writs to Wiltshire are by way of comparison here subjoined. Salisbury was to send 30 Malmsbury 5 Marlborough 4 Amesbury 2 Chip- penhara 2 Bradford 2. 254 HISTORY OF dant of wages from the town of Devizes for his services in parliament, notwithstanding his pro- mise to the contrary. 35th Elizabeth 1593. The warlike part of the feodal system may be said to have been abolished so soon as personal service was dispensed with for a pecuniary commutation. Afterwards came the assize of arms (not to leave the kingdom without defence.) Then commissions of array, and by degrees under the Tudors, the system of lieuten- antcy. On the Chamberlain's books of the above date we accordingly meet with a notice of the order of a " taxation for armour " arriving at Devizes, wherein are given the names of those who bore arms in the town. In lists which are given on the arrival of similar orders in the years 1595 1599 and 1608 appear also the names of such others of the townspeople as were compelled to equip them. For instance, about 20 persons are appointed to 7 soldiers ; two, three, or four having the charge of one, whom they are to arm with weapons, pay for his training, and keep his corslet cleansed and scoured. In one instance, another individual still, has to furnish his supplies. These soldiers are divided into 4 companies of five or six men each, and are distinguished as, 1st. those who bore " Corsletts and bills " 2nd. "Corsletts and Pikes "3rd. " Calivers "and 4th. "Archers." In the last instance which oc- curs, viz. in 1608, the archers are exchanged for musketeers. The statutes of armour were repealed by James I. THE DEVIZES. 255 Among the state-papers in the Library of the British Museum is preserved an interesting collec- tion of letters and other documents relating to the mustering of the trained-bands, and some few other matters, at the time that Edward Earl of Hertford was Lieutenant of the County during the early part of James 1 's reign. The periodi- cal arrangements for the reviewing of the troops appeared to have been entered into in this town, if we may draw such a conclusion from the only in- stance which occurs in the Collection. The de- puty lieutenants of the county at that time were Sir Thomas George Sir James Mervin Sir Walter Long, and Sir William Eyre. One of the troops was called " the horse-troop of the Clergy of the county" and by a letter dated 31st. Au- gust 1609, Lord Hertford commits to the Bishop of Sarum the nomination of its Captain. In the same coUection there are two or three long letters from the King on the subject of the growth of silk- worms in Wiltshire, a project which James ap- pears to have taken up with considerable warmth. He directs Hertford as an influential person in the County to persuade the Gentry (but not the poor) at Quarter sessions or other occasions of public meeting, to grow Mulberry trees through- out the County. The young plants were to be raised at Salisbury, and sold in the ensuing spring to such as would purchase them, at the rate of three farthings the plant, or six shillings the hun- dred (containing five score.) 1622. The Governors and Company of the Plan- 256 HISTORY OF tation of Virginia having drawn and finished a lottery in the Borough, left 40. to be lent out to poor tradesmen dwelling therein. 1625-6. Feb. 28th. In the House of Commons, it is " Ordered, that a writ shall issue for a new choice of a Burgess for the Borough of Vizes, in the room of Sir Henry Lee, called by writ to the upper house sithence his return hither." 1645. The resolutions passed in the House in this and the following year relative to the slight- ing of the Castle, and the restitution to the inhab- itants of their goods contained in it, have already been recited in the narrative of those events. 1 658. In the " Catalogue of the Lords, Knights, and Gentlemen who compounded for their estates under Cromwell's administration, occur the names of two Gentlemen of Devizes viz. Richard Pierce, amerced in 426. Michrel Tidcombe in . . 217. "This tax, called the tenth-penny, was imposed upon all those who were considered hostile to the Commonwealth, and obstinately attached to the cause of Charles II : not as has been stated by some historians, the tenth part of a man's capital and property, but the tenth of the annual income it produced. It was further directed that none should be subjected to it who did not possess an estate of one hundred pounds a year in land, or a personal property to the value of fifteen hundred pounds." (See Godwin's Commonwealth.) 1660. April 27. In the House of Commons Mr. Turner reports from the Committee for pri- THE DEVIZES. 257 vileges and elections, touching the double return from the Borough of Devizes. That William Lewis and Robert Aldworth Esquires are return- ed by the Mayor under the common seal, and William Lewis and John Norden by the Burgess- es only. The opinion of the Committee is that Robert Aldworth Esq. ought to sit in the house until the merits of the cause touching the said double return be determined. Resolved accord- ingly to that effect. 1678-9 March 22. A petition from the Com- mon Councilmen and inhabitants of the Borough was read in the House, complaining of undue and illegal practises used by the Mayor of Devizes in electing and returning Sir Edward Bayntun and Sir Walter Earnly to serve in parliament, in in- jury of the petitioners. Resolved That the said petition be referred to the consideration of the Committee of privileges and elections. No report. 1680 Nov. 1. A petition of Sir Walter Earnly and George Johnson Esq. was read. No report. 1680-1. March 24. A petition of Sir Edward Hungerford and John Eyles Esq. touching the election for the Borough, presented. Ordered That the said petition be referred as above. No report. 1685. During this year, which was the first of James II., that monarch paid the town a visit, and remained here a fortnight. For certain particu- lars connected with that event, see the last chap- ter of this work. It may not be amiss in this place, for the pur- 258 HISTORY OP pose of affording in some measure a key to the irregularities which characterized elections at this period, to add a short extract from Burnet's ac- count of James's first parliament. " Complaints came up from all parts of Eng- land of the injustice and violence used in Elec- tions, beyond what had ever been practised in former times. And this was so universal over the whole nation, that no corner of it was neg- lected. In the new charters that had been grant- ed, the election of the members had been taken out of the hands of the inhabitants and restrained to the corporation men, all those being left out who were not acceptable at court. In some Bo- roughs they could not find a number of men to be depended upon, so the neighbouring gentlemen were made the Corporation men, and in some of these, persons of other counties, not so much as known in the Borough, were named. This was practised in the most avowed manner in Cornwall by the Earl of Bath, who to secure himself the Groom of the Stole's place which he held all King Charles* time, put the officers of the Guards' names in almost all the Charters of that County." " The Boroughs of England saw their privileges now wrested out of their hands, and that their elections which had made them so considerable before, were hereafter to be made as the court should direct. So that from henceforth, little re- gard would be had to them, and the usual prac- tises in courting, or rather in corrupting them, would be no longer pursued." " The Duke of THE DEVIZES. 259 Monmouth's agents made great use of this. It was resolved to bring up petitions against some elections that were so indecently managed that it seemed scarce possible to excuse them ; but these were to be judged by a majority of men who knew their own elections to be so faulty, that to secure themselves, they would justify the rest." 1688-9 Jan. 22. A petition of Sir John Eyles and William Trenchard was read, complaining of an undue return of burgesses for the Borough. Ordered to be referred as above. March 21. Colonel Birch reports from the Committee to whom the matter had been referred, That the state of the fact appeared as followeth. Upon the petition of Sir John Eyles and Wil- liam Trenchard against the return of the sitting members, Sir William Pinsent Bart, and Walter Grubb Esq. That the question was whether the Mayor and the Burgesses as a select number had the right of Election, or all the free Burgesses of the Borough. That the petitioner's counsel insis- ted that the Borough was a Borough by prescrip- tion, but not a Corporation by prescription, and that all the Burgesses had a right to elect. And produced a Charter of 15th Edw. Ill, being a grant to the " Burgesses and their successors " and an Indenture of a return of 2nd Hen V. of Burgesses by the Sheriff of the County, as chosen for the Community of the Borough, and another Inden- ture of 1st Mary, wherein it was said that " The Mayor pro se et Communitate Burgi " had return- ed the Burgesses. Also an Indenture of a return 260 HISTORY OF of 3 1st Charles II made by the Mayor and Bur- gesses in general. And the counsel said, They had copies of other returns between these times, but that the record could not be found, to ex- amine them therewith. That the petitoners also produced another wit- ness who said that a Poll was now demanded by the Petitioners for all the Burgesses, and was de- nied, and upon cross examination said. He had lived near 60 years in the Town, and known several elections, but none that was by the popularity, but one about eight years since : when Sir Giles Hungerford and Sir John Eyles (one of the now petitioners) were returned by that choice, against Sir Walter Earnly and George Johnson Esq. who were chosen by the select members. And the petitioners did not make out that any other elec- tion but that, had been by the Populacy or Bur- gesses in general. For the sitting members it was insisted that De- vizes was a Corporation by prescription, and that the right of Election was in the Mayor and Bur- gesses as a select number. And produced returns of 43rd Eliz. 1st JasI 21st Jas I. 1st CharlesI, by the Mayor and Burgesses And that they said they had several others Also a Charter of 3rd Jas. I, wherein it was recited that the Mayor and Bur- gesses had time out of mind, divers immunities franchises and privileges ; and therefore it was insisted that it was a Corporation by prescription. And as to the election of 1679 that it proved that Sir Walter Earnly and Mr Johnson petitioned THE DEVIZES. 261 against it, but that it was not decided. And then the now petitioner Sir John Eyles gave to the then Mayor (one Whatton) a bond of 2.000 dated 15 Sep. 1679 (which was proved by that Mayor himself) to save him harmless against all damages by reason of his making that return of Sir Giles Hungerford and Sir John Eyles. And that he said further, that he was fearful to make that return by the election of the Burgesses in general ; it having been never done before that he knew ; and therefore being pressed to make, took the Bond. And that thereupon the Committee came to two resolves, as follows : Resolved, that it is the opinion of this committee that the right of election is in the Mayor and a select number of burgesses only and 2ndly That it is their opinion that Sir William Pinsent, Bart, and Walter Grubb, Esq. are duly elected, With both which the House agreed. 1689, March 24. A petition of the burgesses of the Borough was read, thereby setting forth. That at the election of Burgesses for the said Bo- rough on the seventeenth of March last, a poll was taken, whereat 59 of the burgesses and no more, appeared either at the election or poll, of which Walter Grubb Esq., had 55 voices, John Methuen Esq., 36, and Sir Thomas Fowles, 23 : whereby the two former ought to have been re- turned by indenture under the common seal. Yet notwithstanding Richard Hillier the present Mayor took upon himself privately, without the 262 HISTORY OF common seal (according to constant usage) but by his own seal to make a return as the act and deed of the burgesses : and to countenance such his proceedings, adjourned the poll, and caused eight persons who were elected burgesses by virtue of the new Charter of the late King James, and were not living in the town, and had no right of election, to be polled for the said Sir Thomas Fowles ; and notwithstanding the majority were for Mr. Grubb and Mr. Methuen, yet the said Mayor hath returned Sir Thomas Fowles, though unduly elected And praying that the merits of the election may be examined, and the right of Election preserved as it ought to be. Ordered to be referred, &c. 1689-90 March 27. Mr John Methuen's peti- tion to the same effect was read. Ordered to be referred, &c. March 29. Mr. Gray reports from the Com- mittee, That upon inspection of the pre- cept, it was found to be directed by the Sheriff to the " Mayor of Devizes, " and that therefore Sir Thomas Fowles and Walter Grubb Esq., are duly returned. To which the house agreed, and the Clerk being at the door, was called in, and at the table he amended the return by taking off from the file the indenture of the return of Mr. Grubb and Mr. Methuen. October 6. Mr. Methuen's petition is again read, and the matter again referred to the Com- mittee of privileges and elections. December 22. Mr. Gray reports- That the THE DEVIZES. 263 right of election appears to be in. the free burgesses of The Devizes, and there are in The Devizes a Mayor, Recorder, 12 major capital Burgesses and 24 minor capital Burgesses, as they are called, which are in the nature of a common-council. Richard Hope on behalf of the petitioners, said he was Clerk of the Court of Record there, in na- ture of a town Clerk, and took the poll with the consent of the Mayor; that upon the poll the numbers were thus : For Sir Thomas Fowles 23 For Mr. Methuen . . 36 On the behalf of the sitting member Dauntsey Brouncker said he took the poll by order of Sir Thomas Fowles, and with the consent of the Mayor ; and that upon his poll the numbers were For Sir Thomas Fowles 31 For Mr. Methuen ... 36 That afterwards Sir Thomas Fowles and Mr. Methuen came to the Mayor's and agreed that the poll should be scrutinized by two of the Council as they call it and two gentlemen. And the not taking the oaths appointed to be taken by the officers before the first of August, was admitted to be a good exception ; Mr. Methuen being present and not opposing it. That upon the scrutiny it appeared that nine of those who voted for Mr. Methuen had not taken the oaths, and five others had not signed the Declaration of the Test, where- as only three of Sir Thomas's voters had not taken the oaths and one only had not subscribed to the Declaration. 264 HISTORY OF Charles Danvers Recorder of the Borough for twenty years past, said That the new burgesses used to take the oath according to the I3th Charles I, and if not, were put out ; and also used to take the Test ; and that in particular Sir John Eyles (for instance) after he had taken the oath of a freeman, was put out for not taking of the other oaths. John Bolles said, That after 36 had polled for Mr. Methuen, and 23 for Sir Thomas Fowles, the Town Clerk said there was an end to the poll, but the Mayor told him, ' ' that was not his business" Whereupon there was a great tumult, which occa- sioned the Town-clerk not to go on. But after- wards eight more polled for Sir Thomas. Francis Paradise, John Rogers and Francis Paradise Jun. testified that the Recorder had de- clared it his opinion that the free burgesses were not obliged to take the oaths ; but the Recorder rebutted the charge before the Committee. Francis Sadler said, The Recorder had ordered the sergeant to go to all the free burgesses and acquaint them, they must come in and take the oaths or they would be put out. And Richard Bundy said that the Quarter Sessions were ad- journed several times for swearing free-Burgesses. Francis Paradise said that the five objected against, for not subscribing the Declaration, had taken the oaths and their money ; but not being able to write, had desired that their hands might be put to the Declaration. Upon the whole matter, the Committee came THE DEVIZES. 265 to the resolution that Sir Thomas Fowles' election ought to stand ; but the House negatived this de- cision, the Yeas being 149. The Noes 157. Upon which it was resolved that the return should be again amended in favour of Mr. Methuen. 1695. December 7. A petition of Sir Francis Child, knt., was presented to the house and read, setting forth that Sir Edw. Earnly and the peti- tioner, being elected Burgesses to serve in parlia- ment ought to have been returned ; but that by the undue practices of John Methuen Esq. that gentleman is returned with Sir Edw. Earnly, to the petitioner's injury No report. 1697. The Borough sends an address of con- gratulation to King William III. on his safe re- turn to England after concluding the treaty of Ryswick.* 1696. The clothiers and others of the Town petition the House complaining of the scarcity of coined money Referred to Committee on coinage bill. 1697. Another petition of the inhabitants sets * This treaty concluded the long war with Louis 14th, and neter had a people more reason to congratulate, if not their gracious sovereign, at least themselves, at the arrival of a peace which had it been delayed much longer, could hardly have brought a blessing with it, so utterly were wasted as well their patience as their resources. Smollet observes on this subject that " though William's ambition and revenge remained unsat- isfied, yet he reaped the solid advantage of seeing himself firm- ly established on the English throne " and the encroachments of the French king put a stop to The English nation no doubt felt much obliged to him. forth that many thousand makers of yarn are thrown out of employment, owing to the great growth of wool-broggers or Ingrossers of wool. 1699. The mayor, aldermen, and other inhabi- tants oppose the bill for making the Avon navi- gable between Bath and Bristol. 1701. The French king having countenanced the claims of the pretended Prince of Wales as he was styled ; The mayor, recorder, and burgesses of Devizes, forthwith send an address to the crown, declaring their readiness to peril their lives in be- half of the reigning sovereign. 1702. At a court of common council this year in consideration that the well-water of the Borough was not considered sufficiently good, and an offer being made by one Mr. Yarnold to convey better into the town through the medium of pipes, it was voted needful that a lease and liberty should be granted for the laying of pipes in such of the waste parts of the Borough, as should be deemed desirable, for a term not exceeding 99 years No decided step was taken. 1 706-7 Jan. 8. Tn the house of Commons a pe- tition of Thomas Webb sergeant at law, was read setting forth that the petitioner was duly chosen a burgess to serve for the Borough in the room of John Methuen Esq. deceased. But Josiah Diston Esq. prevailed upon the high sheriff to deliver the precept to one Richard Hope gentleman, who took upon him to act at the election as mayor, though he was not ; and hath returned the said Mr. Dis- ton, in wrong to the petitioner Ordered to be THE DEVIZES. 267 referred to the Committee, &c. The petitioner withdrew his claim on the 29th. 1708. November 27. A petition of Thomas Webb Esq. on the behalf of himself and others being the majority of the Common Council of the Borough, was read, setting forth that a writ issuing to the High Sheriff for choosing two members, Josiah Diston a Blackwell-Hall factor prevailed upon Robert Payne gent, the under Sheriff, to deliver his precept to John Eyles Esq. as mem- ber of the said Borough (although Mr. Eyles was not Mayor nor so much as a member of the Body Corporate, there being at that time no Mayor) who at the instigation of the said Mr. Diston un- dertook and did execute the said precept, and hath returned Paul Methuen Esq, and the said Mr. Diston to serve in parliament. That the pe- titioner is, and when the precept was executed was Recorder of the said Borough and one of the Common Council, and as the Recorder is (by the Charter of the said Borough) the chief officer in the vacancy of a Mayor ; and that he and others of the common council making a majority thereof (before the said John Eyles executed the precept) sent to forbid the same, and demanded the pre- cept, and for the reasons aforesaid not only refused to attend and give their votes, but sent a protes- tation in writing against such proceedings. And therefore the said Borough is not duly represented in this parliament : and praying the House to take the matter into their consideration. The merits of the said Election were ordered ta 268 HISTORY OF be heard on the 28th day of April next Five months after. No report. 1710. Dec. 1. A petition of Sir Francis Child and Mr. Sergeant Webb, was read, setting forth that at the late election, the candidates to represent the Borough being Paul Methuen Esq. and Josiah Diston, Blackwell-Hall factor, besides the petitioners. That James Sutton, Gent, having gotten the precept, proceeded to execute the same as Mayor, though he was not the legal Mayor, and was guilty of many indirect practices ; and hath returned Mr. Methuen and Mr. Diston as duly chosen, though the petitioners were djuly elected by a majority of legal votes, and ought to have been returned ; and Mr. Diston and his agents and also Mr. Methuen's agent were guilty of bribery and other corrupt practices. And pray- ing &c. Another petition followed this, from the same parties and of the same import. A petition of Paul Methuen and Josiah Diston Esquires was then read, setting forth that though Sir Francis and the Sergeant with their agents, had by corrupt practices obtained divers votes, yet the petitioners were duly elected and returned by James Sutton, Gent. Mayor of the said Bo- rough ; yet the sheriff of Wilts (being indirectly prevailed upon) hath annexed to the writ, with the said return of the petitioners, an undue re- turn of Sir Francis Child and Sergeant Webb pretended to be made by one John Child (brother of the said Sir Francis) who was not the proper THE DEVIZES. 269 officer, nor did preside or act as such at the ge- neral election. And praying &c. Ordered That the matter be heard at the bar on Tuesday come-seven-night 12 Dec. It was not heard however till the 1 6 Dec. When the counsel and witnesses, after examination, having been withdrawn, and Mr. John Child being offered as a witness to what he had heard Mr. Diston say of his judgment touch- ing ten new votes, which being objected against ; Resolved That Mr. John Child be admitted to give evidence of what he has heard Mr. Diston say of the elections of Common Council men and free-burgesses that have been at the Devizes since 20 April 1706. Then the counsel and witnesses having been again examined and withdrawn, the question was put. That Sir Francis Child^Kat. was duly elect- ed; and on the division/, the yeas were 216 ; the noes 96. So it passed in the affirmative, which in- volved the resolution that Josiah Diston also was duly elected . The return was accordingly amended. 1713. March 5. Several gentlemen of this neighbourhood petition for a bill to* amend the roads hereabout describing them as so ruinous that it was dangerous to all that passed them. They particularize the road from Shepherd's Shord to Horseley upright gate, through Sandy lane From Rowde-ford to the same gate, and between Devizes and Andover. March 5. The same complaint is again repeat- ed, touching the election of representatives ; Josiah 270 HISTORY OF Diston and Francis Eyles Jun. Esquires charg- ing Mr. Robert Child, and Mr. Nicholas the sit- ting members with undue practises, and petitioning to be heard thereon Ordered to be referred &c. No report. 1720-21. Jan. 19. The Master of the Rolls ac- quainted the House that he was directed by the committee of secrecy to move that Francis Eyles Esq. member for Devizes, with three others, being directors of the South Sea Company, be examined before the house in the most solemn manner Ordered That they be directed to attend the Committee appointed to enquire into all the pro- ceedings relating to the execution of the Act.* 28 Jan. A motion was made and the ques- tion proposed. That Francis Eyles Esq, a mem- of this house is guilty of a notorious breach of trust as a director of the South Sea Company ; and has thereby occasioned a very great loss to great numbers of his Majesty's subjects, and highly pre- judiced the public credit. Mr. Eyles was heard in his place ; and being withdrawn, it was Resolved that Francis Eyles Esq. is guilty &c. And that for the offence he be expelled the house. On the 31st. a new writ * This act was entituled. " An act for enabling the South Sea Company to encrease their present capital, stock, and fund, by redeeming such public debts and incumbrances as are there- in mentioned : and for raising money to be applied for lessen- ing several of the public Debts and incumbrances, and for call- ing in the present Exchequer Bills, remaining uncancelled, and for making forth new bills in lieu thereof, to be circulated and exchanged upon demand, at or near the Exchequer." THE DEVIZES. 271 was accordingly ordered. This fate befell many other members also. 1719. 3 Dec. A petition from the Borough, complaining of the encreasing importation of prin- ted calicoes and East India prohibited goods, has the following statement among others ; that the cloth at that time made in Devizes was generally sold to be exported to Italy, the amount of which was returned hither in raw silk from the respec- tive places where it was sold. 1724. A bill was this year obtained to renew an act for amending the road from the top of Ash- lington hill to Rowde, and from Devizes to Shep- herd's Shord, It was stated in Committee that " part of the road within the Borough was so bad that many carriages were broken on entering the Town. " 1723. The Borough petitions and complains, relative to the decay of the Woollen Manufacture. 1765. Feb. 14. " On this day" says the Gen- tleman's Magazine " a tumultuous mob assembled in the Borough, and being armed and disguised, assaulted the houses of several of the principal inhabitants ; particularly those of the Mayor, the under Sheriff, the Town-clerk, the distributor of Stamps, the Post master's and the excise office with divers others ; demolishing the windows, de- stroying the 'furniture, and threatening the lives of the inhabitants, but on what pretence, the gazette from which this article is taken, does not say." 1765. April 30. The House of Commons was informed, after the order to issue the warrant for 272 HISTORY OF a new writ in the room of William Willey Esq. M.P. for Devizes had been made, that owing to sub- sequent reports, it was uncertain, whether or not Mr Willey had been dead at the time. The Clerk of the Crown was therefore ordered to make out a supersedias of the said writ, and the messenger of the great seal to forbear delivering it. On the 5th May, the House was informed that Mr Willey was alive. So the order was discharged. Circiter 1779. Southbroom House caught fire, on which occasion, great unwillingness was mani- fested on the part of the labourers of the Town to extinguish the flames. The fact was, they had no objection to see a house burning, which had been built by masons and others hired from Bath to the prejudice of themselves. It was erected about the year 1770 by Josiah Eyles Heathcote Esq. 1 783 James the son and heir of James Sutton of New Park, Esq. was christened at the Green- Church ; to celebrate which event, rejoicings were instituted on Roundway hill. Oxen were roasted whole, and booths erected for glee-singers &c. and the whole town was invited to the entertain- ment. The subject of it however survived but one year. 1 797. One James Brewer, stabbed on Devizes - Green, another man named William Staples, and on being committed to Fisherton Jail, himself died suddenly. 1797. July. The Gentleman's Magazine for this month gives an account of a newly discover- THE DEVIZES. 273 ed plant found in the neighbourhood of Devizes, stated to be indigenous, and belonging to the Class Pentandria trigynia, and of the genus Turnera. 1798. April 22. A meeting was held at the Town-Hall, of the Lieutenancy of the County to proceed in the execution of the act of Parliament for public defence and security against the threat- ened invasion from France. The Earl of Pem- broke as Lord Lieutenant taking the chair. In. the August of this year, a fierce tempest visited the Town. The electric fluid set fire to the warehouses of Mr. Knight upholsterer, which communicating with the stables belonging to the Black Swan Inn, compelled the inhabitants to pull down several houses, in order to check its further ravages, The Devizes Armed Association remain- ing on duty the whole of the night. 4th August. Mr. Pitt returning to London from Burton Pynsent, spent some time with his friend Lieutenant-Colonel Sutton, at New park the seat of the latter, where he dined in company with the Speaker, the Hon. Henry Addington. Mr. Pitt was in the habit of annually visiting his mother the venerable Lady Chatham at Burton Pynsent, and it was on these occasions that he passed through Devizes. On the 2 1 st of the same month, we find him here again, residing for several days at New park. On the honourable gentleman's entering the Town, the inhabitants vied with each other in demonstrations of esteem. The bells were rung, and the Associated-Householders re- ceived him under arms. 274 HISTORY OP 13th Nov. The Speaker presented to his Ma- jesty an address from the Mayor and Burgesses of Devizes, and another from the inhabitants, con- gratulating his Majesty on the recent successes of his arms, and the brilliant victory obtained by Rear Admiral Lord Nelson. 1799. In the periodicals of this period, we met with such announcements as the following. " At St. Ann's hill near Devizes, to be played for at back-sword on the 7th day of August 1799, a prize of six guineas. Wrestling on the same day for a prize of three guineas, and there will be nu- merous other sports in the course of the day." The glories of back-sword, quarter-staff, single- stick, and such like pastimes, are now fading into dim distance. A veteran of this school, who at one period could exhibit many a trophy of the laurels he had thus won in Devizes during his lusty youth, has lately breathed his last. His early prowess in athletic sports will be well cre- dited by those who recall the venerable aspect and manly bearing of Robert Fidler of Rowde. Sept. 16. On this day, the colours provided for the Devizes Local Volunteers by the Right Hon- orable the Speaker, were presented to that corps by Mrs. Sutton of New-Park, on Roundway-down at a spot overlooking the Town. Marquees and a booth were erected for the accommodation of the numerous company who assembled on the occa- sion. The ground was kept by the Devizes troop of Wiltshire Yeomanry, assisted by a detachment from two troops of the 17th Light Dragoons at THE DEVIZES. 275 that time stationed in the Town, under the com- mand of Major Gore. A brilliant day gave ani- mation to the scene. At 12 o'clock Mrs. Button arrived on the hill, attended by Mr. and Miss Sutton, the Honourable the Speaker, and Mrs. and Miss Addington, and as she passed on to the Mar- quee, was saluted by the line. The Corps then advanced, and the Colours were submitted to the action of consecration under the hands of the Rev. James Lediard, after which Mrs Sutton addressed Captain Salmon, commandant of the volunteers, who having bandied a few compliments with the fair lady, and received the colours from her, de- livered them to Mr. Wadham Locke and Mr. W. W. Salmon the two ensigns, accompanied with a short address, expressive of his confidence that in their hands, they would never be tarnished. Whereupon the Volunteers incontinently pro- ceeded to the exhibition of their newly acquired skill in the art of manoeuvre and evolution, before the admiring eyes of the assembled ladies, in con- cert with whom they next advanced to the attack of the viands, after which they marched into the Town in order (query) and deposited the Colours in the Town-Hall. 1800. 19 Dec. In consequence of the great scarcity then prevailing, a meeting of the inhabi- tants was called by George Sloper the Mayor, when a variety of articles were agreed upon by the householders present with a view to prevent the superfluous use of corn. Among others, that the consumption of bread should not exceed the rate 276 HISTORY OF of one quartern loaf a week for each person in their respective families, and to abstain altogether from pastry. To continue in force till Oct. 1801. 1805. On the creating of Lord Sidmouth a peer of the United Kingdom, a common council of the Corporation of the Borough was held and resolutions of thanks voted to his Lordship for his past services as Recorder and Representative thereof for so many years. 1810. June 7. A mutiny broke out among the 2nd. Wilts local militia stationed at Devizes, instigated by one of the corps, who persuaded the others that they were too severely disciplined. One of the Sergeants having in consequence been committed to the Guard-room by the Command- ing Officer, a party of the Regiment after evening parade, with fixed bayonets, forced the Guard- room and released the prisoner. But by the prompt and ready assistance of nine troops of the Wilts Yeomanry Cavalry, and the Draycot troop of Yeomanry with their Colonel Lord Bruce whom the Mayor had called upon in aid of the civil power, the mutiny was quelled and the ringleaders punished. 1813. 11 August. On this day was held the first anniversary meeting of the British and Fo- reign Bible Association, in the Assembly Room Town-Hall. T. G. Estcourt Esq. in the Chair. 1813. 27 Jan. A meeting of the freeholders of Wilts took place in Devizes to consider the Catho- lic claims. J. H. Penruddocke Esq. in the Chair on which occasion the eloquence of the Marquis THE DEVIZES. 277 of Lansdown, Lord Holland and Lord Viscount Andover with their friends, effected a demonstra- tion of feeling, which can hardly be said to have been responded to by the County at large. CURIOSITIES &c. In the opening chapter to this work, allusion was made to certain Roman antiquities discovered from time to time, in Devizes and its neighbourhood. Those of which we have any positive information are as follows. On Dec. 4. 1699. A person digging in some ground belonging to Sir John Eyles, near Devizes, (presumed to mean South-broom) discovered about two feet from the surface, a pot or urn, with an extremely narrow mouth. The circumference of the vessel was 18 inches, and its depth 10. The pottery was of a bluish colour, and of such composition that it appeared almost uninjured by time. Several hundred Roman coins of the Em- perors were deposited in it, most of them of cop- per, the rest being of a mixed metal, and many washed with silver, which in numerous cases re- mained uneffaced. About the same time and within a few yards of the same place, were found a number of pots of grotesque figure, but mostly differing one from another, as well in the clay composing them, as in shape. One of them was described as resembling 278 HISTORY OF an oyster-pot of modern construction, (though perhaps even this might be pronounced Roman, if we should chance to stumble on it now.) It was 9 inches round, and 5* deep, and for strength and compactness scarcely to be equalled. Another person had in his possession a pot, which was found to contain a whitish powder, supposed to be the ashes of human bones. To decide this question, the supposed bone- ashes were placed in the bowl of a clean tobacco pipe and submitted to a fierce heat, when the matter im- mediately kindled into a bright flame and sent forth a scent somewhat resembling that produced by the combustion of hoofs and horns, though when first discovered, the smell emitted was per- fectly fragrant. This experiment appears to have convinced the writer of the account, that the pow- der hi question had never been bones. See Phil- osophical Transactions Vol. 22. No. 268. Com- municated by Mr. Clark. In 1714 One William Cadby brought to light a whole set of Penates or pocket gods, They were enclosed in a capacious urn, holding about six English Gallons, (dimensions which bring it very near to the Roman Amphora) the whole found buried near the ruins of an old house in the Green. To secure so large a vessel from pressure, it was found to have been encompassed with tiles or bricks of the Roman fashion, and secured with Roman Cement. The supposed names of the se- veral images, together with their respective sizes are here given. THE DEVIZES. 279 280 HISTORY OF 1. Jupiter Ammon, in length 4J inches. 2. Neptune with his trident, 4 inches. 3. Bacchus, of similar dimensions. 4. Vulcan, holding the broken handle of some weapon in his right hand, 3^ inches. 5. Venus, 6^ inches in length and weighing 1 1 oz. 4dr. This figure is of excellent design. 6. Momus, 4 inches (doubtful) 7. Ganymede, 4 inches. He holds in one hand Jupiter's wine cup, and in the other a platter, and his head is furnished with small wings. 8. Hercules, 4j inches. He grasps two ser- pents which are wound round his legs. 9. Minerva with helmet, shield and spear, 3-J inches. The lower part however is broken off. 10. A vestal Virgin, 3% inches, holding in one hand a dish, in the other a roll of parchment. 11. She- wolf suckling Romulus and Remus, 1-J- inches. 12. Mars 3J inches, a helmet is on his head. 13. Apollo, 4J inches (doubtful) 14 and 15. Two other figures too imperfect to be described. 16. Bust of a Matron. 1 7. Bust of Venus, based by a sort of cup, 2 inches in height. 18. A figure possessing no distinguishing mark, 4 inches. 19. Apis the Egyptian Bull, 4 inches long. 20. Anubis the Egyptian Dog, 3^ inches. 21. Pegasus, 2 inches. THE DEVIZES. 281 The annexed engraving represents some of the best executed of them. These figures were composed of the mixed me- tal generally used for that purpose, but one of them viz. the vestal virgin is particularized as being of Corinthian brass. A single Coin of the Emperor Severus was also found in the jar with the penates ; on one side the inscription being IMP. SEV. ALEXAND. AVG. and on the re- verse, PAX AVG. At the time these were discovered, the curiosities from Herculaneum and Pompeii, had not yet found their way into this country, and they were consequently regarded with so much interest as to be carried about the country for exhibition, and representations of them were engraved of two different scales. One of these representations, on a folio sheet was at the expense of Sir Robert Eyre, it was published by William son to Dr. Musgrave, who also inserted an account of them in his " Belgium Britannicum. " In Moll's Geo- graphy they are engraved in the margin of the Counties of Wiltshire, Hampshire and Dorset- shire, the writer explaining his reason for placing them in the latter counties by adding that they were " inserted in counties destitute of antiqui- ties, we being unwilling to omit such great curi- osities." Dr. Davis, while alluding to them in the "Ori- gines" observes " The reason why the Romans hid their treasures was to secure them from their enemies. The truth of this mav be inferred from a 282 HISTORY OF passage in Spartianus's life of Pescenninus Niger.* Every soldier carried with him his money and por- table things of value. When they were called out upon long hasty marches, dangerous expeditions, or to a determined action, they deposited their valu- ables under a strong presumption of finding them again ; this occasioned some to have been hid in fields. But when attacked in their fortification, they deposited their treasures in the earth where they were stationed : (qua data fossa,) upon this account, much of their money has been hid in their camps and towns. They were determined that their treasures should not fall with their bodies into the enemy's hands ; but chose to leave them, if they died, a legacy to posterity, for an amusement, or rather an employment for some grave and indefatigable Virtuoso." From all which the Doctor infers, " that it is too hasty a conclusion, to pronounce a town to be Roman, from the circumstance of a few Roman relics being found in its neighbourhood." Though the infer- ence is certainly not one of the clearest. Dr. Stukeley affirms that in his time, Roman antiquities were being " found here everyday" and mentions two others which were in the possession of Lord Winchelsea, viz. a brass key which he concluded to be Roman, and a brass Probus, having on the reverse " Victoria Germ." with a trophy. * Casaub. Edit. p. 144, D. THE DEVIZES. 283 A periodical of the last century alludes to an ancient wooden monument which stood near De- vizes, bearing the following singular inscription. "A LEG IS INTERRED HERE." Whereupon the writer moralizes in the follow- ing strain. " A leg alone within a grave ! Graver I fear thou'rt some arch knave, Or else some dull poetic noddy , Pray had this leg nor head nor body ? Tis true some men have such odd notions, Such real conceit, such false devotions, From post to pillar ever starting, In every service to take part in ; And so addicted are to kicking, When'ere detected in their picking ; Of such it justly may be said, That they are legs without a head." The following is a translation of the last will and testament of one William Salter clothier or weaver of Devizes. It was executed in 1404, and considering how very few wills of private indivi- duals, of so ancient a date, are now to be met with ; it will doubtless bd regarded as claiming an additional share of interest on that score. It is preserved at Salisbury, and the copy was furnished by the kindness of H. Hatcher Esq. of that city. " In the name of GOD, Amen. On Wed- nesday preceding the feast of St. Thomas the Apostle A.D. 1404. I William Salter of Devizes order my last testament after the following manner. Imprimis. I leave my soul to the Blessed Virgin HISTORY OF Mary, and to all the saints ; and my body to be buried in the church of St. Mary, at Devizes aforesaid. Item. I leave to the fabric of the Ca- thedral-church of Sarum 12 shillings To the church of St. Mary at Devizes, 3 shillings and 4 pence To the church of St. John in the same town, 2 shillings To the High- Altar in St. Mary's church, 4 pence To the High-Altar in the church of Rowde, 2 shillings To the High- Altar in the church of Bishop's-Cannings, 2 shil- lings To the Brethren at Marlborough, 10 shil- lings To the Prior of the House of St. John at Davizes, 2 shillings and sixpence To Master John, chaplain of the parish church of St. Mary there, 2 shillings and sixpence To Master Tho- mas Newman, Master Richard Friend, Master Richard Zely, Master Thomas Michell, chaplains, 2 shillings and 6 pence each To the Lord John Colewelle, 20 shillings To Master John Merun, 13 shillings and 4 pence To my cousin Agnes Haynes, 10 marks of lawful money To my cousin William Haynes, 9 marks To my cousin Richard Haynes, 1 1 marks To Agnes my sister, 3 .... (The words are obscured but seem to refer to a quan- tity of ivool.) To John Wethara, after the de- cease of Margaret my wife, one loom with its apparatus To John Webb my apprentice, after the death of my wife aforesaid, one loom. Item, I give and bequeath unto Robert Chand- ler Webbe, and Alice his wife, that tenement, sit- uated in Old-Port, between a tenement belonging to the Mayor and Commonalty of this town, of THE DEVIZES. 285 the one part, and a tenement of Thomas Goldham of the other part, to hold for the term of their lives, paying annually from it, after the death of Marga- ret my wife, to the Mayor for the time being of Devizes and to his successors, 3 shillings of law- ful money, for the reparation of the ways existing in the town ; and to the Capital Lord of the fee annually 1 2 pence for all other services and de- mands. And after the death of the said Robert and Alice, 1 give and bequeath the tenement with its appurtenances to the Mayor and his successors for ever, for all services thence due, whether by custom or right, that they may appropriate the rent of said property to the reparation of ways, as is expressed above, for ever. Item, I give and bequeath to Margaret my wife, all the other lands, tenements, and burgages with their appurtenances which I possess in Devizes, to hold them for the term of her life, paying to the Capital Lord of the Fee the service thence due by custom or right. And after the decease of Mar- garet my wife, I give to my sister Agnes, one tenement which is situated in Old Fort, between my other tenements of either part, to hold the same for her life, paying to the Lord &c. &c. And after her death, I give and bequeath the said tene- ment to her son Richard Bytefinger &c. And after the death of the said Margaret, Agnes, and Richard, I leave the whole of my possessions whether in lands, tenements, or burgages, to my executors or their assignees, to be by them sold, and the produce thereof without any diminution 286 HISTORY OF to be well and faithfully applied for the benefit of ray soul, and the souls of my friends. Item, I give and bequeath to said Richard Bytefinger 20 Ewes. And as to whatever residue of my other effects may appear, after my lawful debts and the expenses of my funeral shall be paid, I give them to my wife Margaret. But in the event of her marrying again, I will that half of such residue, without any loss, be faithfully applied by my executors or their assignees, to the good of my soul, and be expended by them in the manner that shall seem to them best and most fitting. And for the good and faithful execution of this Testament, I ordain, make, and constitute as my executors, The Lord Walter Lage, Vicar of Rowde, Margaret my wife, and John Nappre. Given in the day year and place above writ- ten CHARITABLE BEQUESTS &c. On this topic it is not intended to dilate, or even to attempt a sketch. Most ample accounts of the nature of the properties and of the final decision of the Com- missioners have been published by Government. The one termed the " Coventry Dole" may claim a passing notice, more from the enquiry to which it gave raise than from any importance attached to it. It is said to have derived its origin from a feeling of gratitute entertained towards the town by a man or boy, who on passing through it in a desti- tue condition was relieved by a baker. Afterwards, THE DEVIZES. 287 becoming wealthy in London, he bequeathed a loaf to every person in Devizes, resident or traveller, to be delivered once a year. It is added that an archduke of Austria with his suite passing through on one of these Coventry-dole days, was presented with the accustomed donation in 1786. Mr. Salmon's father who was a member of the Corporation from 1770 till his death in 1826, had told him that he had taken considerable pains to ascertain the truth of this tradition, but that nei- ther his father again, who also was a member of the Corporation, nor any other old person in the bo- rough had been able to give any explanation of it. The name of Coventry is of frequent occurrence in Devizes in former days, and it is far more likely that the Charity descended from one of them than from a stranger. It is now considered as lost. THE GUILD-MERCHANT OF DEVIZES. The first mention made of this institution is in the Charter of Edward I. The fraternities composing it have long become extinct, and even the fact of their existence is almost forgotten. The account- book of the company of Drapers is the only docu- ment at present remaining in the Chamberlain's hands. From it we learn that at a meeting of Common Council in the 20th James I, it was ordained that the Guild of Merchants within the Borough should be divided into three Fraternities 288 HISTORY OF or Companies, viz. the Company of Drapers, the Company of Mercers, and the Company of Leather sellers. This it would seem must have been only a confirmation of what already existed, for the same book contains an account of the Brethren constituting the Company of Drapers, of a date antecedent to the above. These members belong- ed not only to the Borough but in many instances to surrounding towns and villages. The Drapers held their meetings in what was termed the Weaver's Hall which appears to have comprized the whole length of building forming the north side of Wine Street, though perhaps the first floor only was used for the purposes of the Company. The day of Convention was the 5th of November. The fraternity was governed by one Master, 2 Wardens and 2 inferior officers em- ployed to collect fines, who were called Yeomen. It embraced the following trades and crafts Clo- thiers, Weavers, Woolmen, Drapers, Taylors, Hosiers, Fullers, Shearmen, Spinsters, Coopers, Carpenters, Masons, Tylers, Joiners, Cutlers, Smiths, and Ironmen. The account closes in 1731. There is no mention made of what the Mer- cers company comprized, but from various peti- tions to parliament sent by the Leather-sellers we are able to give a better account of them. Under this name were enrolled Dealers in hides, Patten- shoe, boot, and bellows makers, Girdlers, Saddlers, and Harness makers. Amongst the entries relative to a " visitation THE DEVIZES. 289 of the County of Wilts " in 1 570 preserved in the Harleian Manuscripts 1565-68 ; The state of the Guild is given thus, that " Edward Haynes Mayor was chief head and governor. William Ruttye and Richard Dunne, were Wardens of the Clo- thiers and Weavers William Preston and John Smith, Wardens of the Drapers and Taylors John Chappel and Thomas Fitzall, wardens of the Mercers. At the same time the state of the Borough it- self is thus described " George Heynes Mayor- Thorns Hull Coroner Richard Gait, Robert Le- wen, John Blandford, Henry Morris, Anthony Clee, John Burde and John Willis, Aldermen- Henry Grubb and Nicholas Allen, Constables- Richard Gifford and Henry Smith bailiffs, and John Hardent, Recorder. According to the return made at another visi- tation in 1623. John Allen the Mayor is reported to be chief head and Governor of the Guild. Of the Clothiers, Weavers and Drapers, John North was Master and John Batt and John Eyles the Master- Wardens. Of the Company of Mercers Nicholas Barrett was Master and John Hope and Marmaduke Birde the Wardens Of the Leather- sellers, Thomas Clarke was Master, and Charles Pulley n and Henry Deane, Wardens. From these two visitations it appears that the classification of the trades was different at the two different times, neither is there in the first mentioned, any allu- sion to the leather-sellers. 290 " The Arms appertaining to the Fellowship and Corporation of the Burgesses and Merchant-ad- venturers, Clothiers and Weavers, Drapers and Taylors, and others using any art or facultie within the Town and Borough of the Devyses." BOROUGH MEMBERS. Devizes sent representatives to all the parlia- ments of Edward 1. but their names during that period appear to be lost. We begin therefore with the reign of Edward II. whose first parlia- ment was held at Northampton in the year THB DEVIZES. 291 1307. Thomas le Bodere, and Thomas Auveray. Westminster 1309. For this Borough amongst others in which the Sheriff had no entry, the writ was returned to the Queen's bailiff for the said " Liberty of Devizes" who had given no answer. London 1311. No answer returned to the writ. Lincoln 1312. The Sheriff makes returns for Salisbury. Wilton, Dounton, and Marlborough, and adds that there are no more cities or boroughs in his bailiwick. Westminster 1313. Three parliaments this year. No return for Devizes in either. York 1314. William Noble and Gilbert Swift. Westminster 1314. William de Codio Hugo de Cartere. York 1318. Answer as in 1312. York 1319. Same answer. Westminster 1320. No return. Do. 1321. No return. York 1322. The writ was returned to the Constable of the Castle, who gave no answer to the Sheriff. Ripon 1322. Return if any, torn off the writ. Westminster 1323. The names of Walter Bochard and Hugh Estmond are entered on the original pawn or docket as bur- gesses appearing for the Borough. Westminster 1325. Thomas Mumham and John Mymyng. Do. 1326. No return. The publication of the Parliamentary Writs after this period, has not yet (1839) made its appear- ance. We must theretore complete the list, or rather arrive at the end of it, by striding over two centuries and beginning again with the 7th Ed- ward VI. on which year the parliament sat at Westminster and continued to do so afterwards. 1552. One member only viz. Thomas Hall. 1553. William Read and Thomas Hall. 1554. Thomas Higate and Henry Leke. 292 HISTORY OF MARY and PHILIP. 1554. Thomas Hall mayor and Edward Haynes, 1555. Thomas Hall and James Webb. 1557. Thomas Hall and Henry Morris. ELIZABETH. 1558. John Younge and Edward Haynes. 1563. Hugh Powell and Edward Haynes. 1571. Edward Bayntun and William Clark. 1572. George Reynolds and Henry Grubb. 1585. Henry Bayntun and Henry Brounker. 1586. The same. 1588. Henry Leven and John Brounker. 1592. Henry Bayntun and Richard Mompesson. 1597. John Kent and Robert Drew. 1601. George Fettyplace and Robert Drew. JAMES I. 1603. Sir Henry Bayntun and Robert Drew. 1614. Sir Mervin Audley and Sir Carew Reynell. 1620. Sir Henry Lee and John Kent. 1623. Sir Edward Bayntun and John Kent. 1625. Sir Henry Bayntun and Robert Drew. CHARLES I. 1625. Robert Long and Sir Henry Lee. 1628. Robert Long and Thomas Kent. 1640. William Bayntun and Henry Danvers. 1640. Sir Edward Bayntun and Robert Nicholas This was Charles's last parliament. After this no names occur till 6th CHARLES II. 1654. Edward Bayntun. 1656. Edward Scotten. 1658. Chaloa Chute Jun. and Edward Scotten. 1660. William Lewis and Robert Aldworth. 1661. William York and John Kent. 1678, Sir Walter Earnly, and Sir Edward flayntun. 1680. Sir Giles Hungerford, and John Eyles. This parlia- ment was held at Oxford. THE DEVIZES. 293 1681. Sir Walter Earnly, and George Johnson. JAMES II. 1685. Sir John Talbot, and Walter Grubb. WILLIAM Ill's convention took place in 1688. Sir William Pinsent and Walter Grubb. 1689. Walter Grubb, and John Methuen. 1695. Sir Edward Earnly, and John Methuen, 1698. Sir Francis Child, and John Methuen. 1701. Sir Francis Child, and Sir Francis Merewether. 1701. Sir Francis Child, and John Methuen. QUEEN ANNE. 1702. John Methuen. 1705. Sir Francis Child, and Josiah Diston. 1707. First parliament of Great Britain. Sir. Francis Child, and Josiah Diston. 1708. Paul Methuen, and Josiah Diston. 1710. Sir Francis Child, and Thomas Webb. GEORGE I. 1714. Robert Child, and John Nicholas. 1715. Josiah Diston, and Benjamin Haskin Styles. 1718. Francis Eyles, and Benjamin Haskin Styles. 1722. Sir Joseph Eyles, and Benjamin Haskin Styles, GEORGE II. 1728. Captain Francis Eyles, and Benjamin Haskin Styles. 1735. Francis Eyles, and Sir Joseph Eyles. Remitter for the Crown; died. new writ ordered 18 Feb. 1740. John Garth, Recorder of the Borough. 1741. John Garth, and Francis Eyles; the latter being made superintendent of his Majesty's foundries a new writ or- dered 13 July 1742. George Lee, L. L. D. 1747. John Garth, and William Willey, E. Ind. Director. 1757. Willim Willey, and Samuel Garth. GEORGE HI. 1761. John Garth died new writ ordered 10 Jan. 1765. James Sutton, was elected. William Willey, reported to be dead new writ ordered 29, April, 1765. Writ superseded Mr. Willey dying new writ ordered 29 Mayl76o Charles Garth. 294 HISTORY OF 1768. James Sutton, and Charles Garth. 1774. The same. 1780. Sir James Tylney Long, Bart, and Charles Garth The latter being made a commissioner of the Excise. New writ ordered Dec. 1780. Henry Jones. 1784. Sir James Tylney Long, and Henry Addington, the former, made Steward of the Chiltera Hundreds, new writ or- dered Dec. 1788. Joshua Smith, chosen. Henry Addington, Recorder of the Borough was chosen Speaker of the House of Commons, 8 May, 1789. 1790. Rt. Honourable Henry Addington, and Joshua Smith. 1801. The same. First parliament of Great Britain and Ireland. 1804. Thomas Grimstone Estcourt, and Joshua Smith. 1806. The same. 1807. The same. 1812. The same. 1819. Thomas Grimstone Estcourt and John Pearse. 1820. The same. GEORGE IV. 1820. The same. 1829. George Watson Taylor, and John Pearse. 1830. The same. WILLIAM IV. 1831. The same. 1833. Wadham Locke, and Montague Gore. 1835. Wadham Locke, and Admiral Sir Philip Durham. 1836. Captain James Wbitley Deans Dundas, and Thomas Henry Sutton Bucknall Estcourt. VICTORIA. 1837. The same. THE DEVIZES. 295 CHAPTER X. ARCHITECTURE OF THE TOWN ST JOHN'S CHURCH ST MARY'S CHURCH ST JAMES* CHAPEL DISSENTING PLACES OF WORSHIP TOWN HALL MARKET CROSS OLD AND NEW JAILS PUBLIC INSTITUTIONS BRITTOX AND OTHER ANCIENT NAMES CENSUS OF POPULATION GEOLOGICAL NOTICE ROUNDWAY HILL WANS- DYKE NEW PARK. IN an architectural point of view, there is little now remaining in Devizes, with the exception of the Churches, calculated either to engage the at- tention of the antiquary, or to attract the eye of taste. Placed at a considerable distance from any freestone quarries, the substitution of brick and timber long imparted to its domestic architecture an aspect not the most dignified. But the ener- gies of a few past years have done much for the town ; by supplying deficiencies which had long been lamented by paring down that which was irregular without being picturesque and by infu- sing into the social body, a spirit of improvement which a folio of bye-laws could never have instilled. The disposition of the streets is somewhat sin- gular, and possibly exhibits traces of original de- sign. Those which are curved, may almost be 296 HISTORY OF said to be segments of circles described about a point on or near the keep of the Castle. What the original limits of the Town were, if it ever had any walls ; or in their absence, what was the first outline of the Borough, it is now impossible to determine. It was stated in the Devizes Gazette in 1826 that in Westgate Street, the foundations of a gatehouse were discovered by workmen employ- ed in excavating for culverts, and that other tra- ces of a wall were discernable in a right line be- tween that point and the Eastern port. Stukeley pretended to trace a Roman vallum round the town, and asserted that the inhabitants had converted the ditch into a road : perhaps he had an eye to what is termed Backlane, which was formerly much deeper than at present. As it would require uncommon penetration to perceive any such vestiges now, or to pronounce from the existing state of things whether or not Devizes was found- ed by Normans, Turks, Indians, or Heathen Gods, it were idle to pursue the investigation any farther ; and as the streets were never noted for offering much inducement to loiter in them, we will proceed to the examination of the Churches beginning with. ST JOHN'S. The ground on which this struc- ture stands, appears to have been carefully chosen; being a small platform at the head of a valley, im- proved and modified by embankment and level- ing. The building itself has undergone so many alterations, and these alterations have been made at such distant periods of time, that its present THE DEVIZES. 297 aspect presents as incongruous an architectural jumble as this island produces. The original parts of it were long supposed to be Saxon, and entertaining this favourite conjecture, the local antiquary of St. John would feel himself to be within most reasonable limits which dating back its infancy at least a thousand years. But a bet- ter knowledge now prevails on these points, and if the Saxon origin of such Churches as those of Hedingham, Barfreston, Iffley, Stukeley, Castle- Rising, St. Peter's at Northampton, and St. Pe- ter's at Oxford must now be regarded as untenable, there seems nothing left for those of Devizes, but to be classed in like manner as Norman structures of the 12th Century. In a certificate returned in Edward VI's time, relative to the state of this church, the founder is said to be unknown. Mr. Britton in his " Archi- tectural Antiquities," conjectures that St. John's Church was one of the works of Roger Pauper of Salisbury, the well known founder of the Norman Castle of Devizes. His words are " From the coincidence of style in the original parts of this Church, with those of Malmsbury abbey ; from the military and national importance of the Castle of Devizes during the reigns of Henry I. and Stephen, and from the contiguity and probable connexion of this church with the castle ; I am inclined to believe that the Tower, east end, and two transepts were erected some time during Bishop Poore's prelacy. In this opinion I feel supported by the learned Anglo-Saxon professor 298 HISTORY OF of the Oxford university, who in a letter to me on the subject, says that in the parts of the build- ing above referred to, he long ago recognized the magnificence of Roger of Sarum, whose works in architecture were the wonder of the age in which he lived ; the small arcades used as a facing to the outside of the tower, as well as those within the belfry, the nail head, the chevron or grand diagonal ornament, the embattled fret, and the in- tersecting arches, are so many ocular demonstra- tions of the age of this curious building." The plan of the building was a simple Roman Cross, formed by four plain gables projecting from the four sides of a quadrangular tower, two of these constituting the chancel and nave, and being of the same width one with the other, the other two forming the transeptum or smaller bar of the cross. The tower which was by far the most ela- borate and important feature of the whole, is sin- gularly curious in one respect. It is rectangular but not square, and in accordance with this pecu- liarity, while the east and west arches supporting it are semicircular, the north and south ones are pointed : this involved the circumstance of the transept being rather less wide than the chancel and nave, as all these members were made to par- take of the proportions of the tower from which they would appear as it were, to emanate. Though a tower of this form cannot be pronounced unique, if we embrace the whole architectural range of Christendom, it certainly is of rare occurrence.* * At Wanninster and Bratton are two other specimens. THE DEVIZES. 299 The arcades and other ornaments on the outer face of St. John's tower are similar to those we meet with in other buildings of the same aera, though not exactly like, in any one instance. Its elevation on the eastern and western fronts " is divided into two compartments, separated by a cable and plain string moulding, the lower divi- sion containing two semicircular headed windows, with single mullions, and cinque and quatrefoil dressings ; and the upper, a series of five semi- circular arches, only two of which appear to have bean intended as windows,'' on the north and south fronts, in consequence of the irregularity of shape above mentioned, there are two less of these arches in the upper series, and one less in the lower. The angles of the Tower are tinished with a staff-beading or three quarter column at three points, while the fourth is furnished with a circu- lar staircase turret. This turret in the original plan rose sheer from the ground, as there were no side aisles to interfere with its perpendicular as- cent, and must have formed a particularly pleas- ing adjunct to the whole, by producing in the mind of the spectator an effect of continuity to the tower. The body of the church was of the same length as at present, but the principal porch of entrance is presumed to have been at the west end, as in other parish churches of the same date. A mould- ing inserted about midheight, traversed the outer face of the walls throughout : plain where it ran along the side walls ; but at the gable ends, of HISTORY OF the description termed double-billet : the windows in this part reposing on the moulding, while in the case of the nave and chancel, they were cut through it.. Just enough still remains, to satisfy the curious observer as to all these points. A so- litary window in the north wall of the Chancel is yet to be seen in its primitive state, and at each end of the transept, where two small windows have been filled in, and the pilaster buttresses which divide them, cut away in order to admit of a large window of the style of the 15th Century, fragments of the billet moulding have in each case been left untouched, as well as sufficient portions of the windows themselves, to testify what were their style and ornaments both within and without; while two very small remnants of the same moulding are also discernible on the wall at the western extremity of the church, one on each side of the present window. The last feature to be mentioned is the row of grotesque brackets which supported the courses immediately under the eaves through- out, and of which the north wall of the chancel and the north part of the transept still exhibit specimens. Having now completed the description of the exterior of the Church,*it is worthy of remark be- fore proceeding to examine the interior, that the masonry of these ancient parts, particularly of the tower, is of most workman-like description, and retains in consequence, an admirable surface and sharpness of detail, unimpaired to the present day. Those who may think fit to ascend to (he roof of THE DEVIZES. 301 the Hungerford Chapel for the purpose of exam- ining the tower, will be struck with the uniformi- ty and precision of the courses of stone, and the finish bestowed on the mouldings and ornamental parts of the arcades. Passing thence into the interior of this part of the building, that is to say, into the story of the belfry used by the ringers, it is perceived to possess another interesting feature, viz. a series of intersecting arches of the zigzag pattern which however are far from being uniform ; those at- tached to the east wall, differing from those of the north and south, both in size and character. The former unlike all other intersecting arches, are constructed in such a manner that each semicircle is made to embrace two columns, and thus to form with the aid of its associates, three acutely pointed subordinate arches. See the annexed en- graving. The remaining ones, which are also the smaller set, follow the ordinary method ; that is, each semicircle overstepping one column only, and forming but two subordinate arches. The capitals are all ornamented with figures resembling volutes of the Corinthian order, and the abacus of each is peculiarly thick. The flooring here is no part of the original design, it is a wretched contrivance as far as appearance goes, and constitutes one of the worst of the numerous alterations the church has under- gone. It greatly impairs the effect from below, giv- ing it an aspect of gloom and confinement instead of a lofty and cheerful one. The flooring in the Tower ought to be no lower than the level of the cable- 302 HISTORY OF moulding-course outside, or about 15 feet higher than at present, so that to the spectator in the body of the church, standing under the Tower, there might be visible, not only the intersecting arches traversing the face of the wall, but also the series of lights above them ; and these lights should be kept fully open. The present plan was no doubt adopted for the convenience of ringing the bells, and to avoid the necessity of the ropes hanging into the body of the church, as at Edyngton. There is another respect, in which the original plan, as of a place of worship, is lost in modern alterations. It is pretty certain that in all small parish churches of the cruciform kind, like St- John's for instance, the altar was placed right under the tower. In many other larger churches and in Cathedrals, where the width was greater, the spot usually chosen was the middle of the part hence denominated the Choir,* though the * Choir or chorus is said to be derived from the circumstance of the multitude standing round about the altar, modo coronas in the form of a ring or circle. Though perhaps we ought rather to say that corona is the offspring of the former. The argument in either case is the same. In the ancient liturgies was a prayer " for all those that stood round about the altar." The priests and deacons surrounded it when they officiated, and Durandus a Catholic writer informs us that when a bishop consecrates a new altar, he must encompass it seven times, from which it was manifest that it could not have stood against a wall. Additional evidence to the same effect might be cited on the authority of Eusebius, Dionysius the Areopagite, Chry- THE DEVIZES. 303 first mentioned or Gregorian plan is observable in numberless instances on tbe continent. In the case of a small cruciform church, such a position was particularly appropriate, as it afforded a direct and uninterrupted view to the worshippers, whe- ther standing in the transept, nave, or chancel. The intersecting arches which now form so dis- tinguished an ornament in the chancel were long plastered over and hidden from view, until Mr. Phipps the present Rector, brought them to light and directed their careful restoration ; but the task will not be completed till the removal of the tablets &c. from the east wall shall have disclosed that part of the series also. It may be observed, en passant, that the arches attached to this wall, or east-end, as well as the window above them (now blocked up) furnish additional proofs that the altar did not originally stand there. These arches, which closely resemble those in the belfry, may serve to shew us what was originally the pre- vailing characteristic ornament of the interior of the church. The side aisles were added appa- sostom, Athanasius, and in our own country Austin first Arch- bishop of Canterbury, and the venerable Bede. A central position for an altar was it is well known, that adopted by the Jewish church. Railing them in, is usually dated from the period of the Council of Aix, held in 1583, one of whose canons ordains " unumquodque altare sepiatur omnino septo ferreo vel lapideo vel ligneo." At the reformation, when altars were changed into tables, the position was retained. See the controversy relative to the charges brought against Archbishop Laud, in Tulk's edition of Neale's Puritans. 304 HISTORY OF rently about the time of Henry 5th or 6th and occasioned the present bungling contrivance of arriving at the turret stair-case. If the lower part of this turret had been left standing, it would have blocked up the end of one of the aisles, and there- fore it was thought necessary to cut it away, leav- ing a spine or central shaft ; and to carry the approach over the arch opening into the Transept, which in consequence had to be made of unusual thickness. Another reason may have been to preserve a separate entrance into the Belfry. The four arches supporting the Tower are all moulded into the zigzag form, one of the distin- guishing features of the Saxon and early Norman styles. The capitals of the columns from which they spring, are sculptured with vine foliage, the abacus of each being figured with a double row of triangular indentations, resembling the impression produced by the point of a trowel on clay or mor- tar. Representations of these, as also of various other details of the Church, are engraved in Brit- ton^ Architectural Antiquities. Of the chapels which have been added to this church, that on the south side of the chancel, ap- pears at some period to have been either extended or to have formed two separate portions. It has hitherto been termed the Hungerford chantry, but Mr. Phipps prefers the name of Beauchamp. The character of its windows, buttresses, pinnacles and a niche over the eastern window, all proclaim the age of its construction to be that of Henry VIII. With regard lo the other chapel, built in THE DEVIZES. 305 the opposite angle of the church, the date may be stated as that of Henry VI. The marble monuments in this church are very numerous, and in many instances, well executed. They exhibit the usual display of broken pillars, and mournful nymphs employed in opening and shutting urns * in short, of the whole stock in * I cannot refrain from indulging for a moment in the li- cense which a note confers, for the purpose of reciting an ob- servation or two of Henry Fuseli's on the introduction of Al- legory into works of art. " Among the paltry subterfuges contrived by dulness to pal- liate the want of invention, the laborious pedantry of emblems ranks foremost, by which arbitrary and conventional signs have been substituted for character and expression. If the asser - tion of Dr. Johnson that the plastic arts " can illustrate but cannot inform " be false as a general maxim, it gains an air of truth with regard to this hieroglyphic mode of exchanging substance for signs, and the story which he adds in proof, of a young girl's mistaking the usual figure of Justice with a steel- yard, for a cherry woman, becomes here appropriate ; and it might as well be pretended that one, not initiated in the Egyptian mysteries, should discover in the Scarabseus of an Obelisk, the Summer solstice, as that a child a girl or a man not acquainted with Coesar Ripa or some other emblem comer, should find in a female holding a balance over her eyes, in another with a bridle in her hand, in a third lean- ing on a broken pillar, and in a fourth loaded with Chil- dren, the symbols of Justice, Temperance, Fortitude, said Cha- rity. The Night of Michael Angelo on the Medicean Tombs might certainly be taken for what she professes to be, without the assistance of the mask, the poppies, and the owl at her feet ; for the dominion of sleep is personified in her expression and posture ; perhaps even her beautiful companion whose faintly- atretching attitude and half opened eyes, express the symptoms 306 HISTORY OF trade with which monumental sculptors have for ages laboured, in conjunction with the engra- ver, to convince posterity of the unheard-of vir- tues of the deceased. The excess with which this sort of homage has ofttimes been lavished, is well satirized by the observation of an eminent mo- dern writer. " Ces eloges graves sur la pierre prouvent bien moins les vertus des morts, que la faussete des vivans. " While this is true of the many, of others it may be said that their memory is more eloquent than the most elaborate epitaph. Without entering into any description of the various monuments of St. John we will simply run through the names of the persons they com- memorate, beginning with John Eyles Esq. of Southbroom who died 1752, aged 75. Mary his wife died 1744, aged 62, and three of their children Francis, Joseph, and Elizabeth Thomas the brother of John Eyles, died 1735, aged 56 Maria Heathcote, daughter of George Heathcote died 1747, aged 2 Also Joseph Turner, who died 1761, aged 50, and his widow Eleanor daughter of John Eyles, died 1762, aged 45. Small brass plates on the floor near this monument, mention some earlier members of this line viz. Joseph Eyles, (son of John Eyles, of Southbroom and grandson of Sir John Eyles ,) who died 1739 aged 27, and Elizabeth his sister died 1715, aged 1 Mary wife of John Eyles, of Southbroom, Esq. and daughter of John Eyles, of Chalfont, Esq. she died 1744 aged 63. of Approaching Morn might be conceived for its representative ; but no stretch of fancy can in their male associates, reach the symbols of Fullday and Eve, or in the females of the Monu- ment of Julio II. the ideas of Contemplative and Active Life. " (See Fuseli's fourth lecture .) THE DEVIZES. 307 A monument on the other side of the Chancel mentions Edward Eyles, fourth and only surviving son of John Eyles Esq. He spent the greater part of his life in foreign service and died 1792, aged 78. Rt. Hon. George Heathcote. Lord Mayor of London on one occasion, and thrice representative of this Borough in par- liament, died 1768 aged 68. Maria widow of George Heathcote, and daughter of John Eyles, of South broom, died 1792 aged 85. Katharine wife of George Flower, and daughter of John Eyles, of Chalfont John her infant child died in 1725. Josiah Eyles Heathcote, of Southbroom Esq. son of George Heathcote of London, by Maria eldest daughter of John Eylea of Southbroom, died 1811 aged 63. Solomon Hughes died 1791 aged 79 Elizabeth his widow, died 1813 aged 77. Sir John Drew, died 1660 aged 26. Thomas Middleton Trollope eldest son of Sir Thomas Trol- lope of Casewick Lincoln, died 1779, aged 59. Stephen Powell died 1825 aged 72 Katharine his wife, 1823 aged 67. Henry Headley *vl. D. of Devizes, died 1830 aged 82 Susannah his wife. Thomas and Elizabeth Wilde, and John and Anne tw> of their children, tablet erected in 1778. Thomas Thurman, died 1777 aged 86 and his two wives Su- sannah, and Anne John Thurman, his son, died 17 64, aged 43. William Wraughton Salmon Esq. of Southbroom, died 1826 aged 78. This monnment is by Bailey. Thomas Payne, M. D. died 1674, Willoughby his wife. George Willey Esq. of New Park, died unmarried 1770 aged 75 William Willey, his brother who represented this Borough and resided in London, died 1763 aged 61. James Sutton Esq. of New Park, died 1801 aged 68. He married Eleanor second daughter of Anthony Addington, of Reading M. D. and sister to Lord Sidmouth. (This marriage was the occasion of the introduction to the Borough, of his Lordship, then Mr. Addington.) 308 HISTORY OF James the son and heir of the above family, died in 1781 in infancy This monument also commemorates George, William, and Mary, other of their children. Prince Sutton, Justice of the Borough died 1779 aged 78 Mary his wife, sister of George and William Willey and 4 children, Willy, Mary, Sarah and Anne. James Sutton, died 1 778 aged 63 Anne his widow. Lying in the Beauchamp Chapel, are James Sutton died 1803 aged 45 and John died 1826 aged 58. John Dick, M. D. died 1817 aged 29. Robert Bruges, died 1815 aged 67, Alice his wife 1810 aged 59 and Robert Bruges Junr., 1815 aged 23. Eleanor Holdsworth, widow of Winch Holdsworth of Chal- font Bucks, and daughter of John Merewether of Devizes, M. B. died 1758 aged 62. John Merewether, died 1724 aged 69, his wife Jane, 1725 aged 69, Francis their son 1716 aged 22. Anne Merewether, died in 1690. Charles Innes, of London, second son of Edward Innes, Rec- tor of Devizes died |in 1824 His wife Anne, daughter of Thomas Neate, of Devizes. The name of Robert Byng D. D. who died 1658 is rudely carved on a wall near the Chancel. Edward Innes. Rector died 1788 aged 67, Elizabeth his wife 1809 aged 81. Joseph Needham died 1778 aged 75 Mary wife of Joseph Needham Junr. died 1732 aged 19 Penelope a second wife 1736 aged 22. Also Samuel Taylor five times Mayor of this Borough and Captain Commandant of the Devizes Volunteers died 1818 aged 82. Sally his wife, and Captain Thomas Tay- lor and Lieutenant Samuel Taylor the former of whom died in the East Indies and the other in Portugal. Also Penelope and Elizabeth two of their daughters and Sally a third daughter who was married to Joseph Goodwin. James Dyer.'Rector of the parish lies in'the Chancel also the Rev. John Walton \?ho died 1745 aged 39 and possibly many other of the incumbents. THE DEVIZES. 309 Elizabeth the wife of John Shergold, M. A. Rector, and John their son both died in 1726. Intersecting arches in St. John's Belfry. ST. MARY'S CHURCH. In speaking of this church also, Mr. Britton's account is to a certain degree consulted he says, " It consists of a nave, a chancel, two side aisles, a north and south porch and a tower at the west end, though from the dif- ferent styles prevailing in its architecture, it has evidently been erected at various and distinct pe- riods." The chancel which is evidently the oldest part of the whole, being in the earliest Norman style, has an arched roof formed with bold ribs, similar to that of St. John, a strong presumptive proof that the rera of their construction was one and the same Intersecting arches also formerly adorned the chancel of St. Mary as in the other 310 HISTORY OF church, and whereas in St. John's chancel, the walls have been so torn away as to preclude the possibility of ever restoring its primitive form ; in St. Mary's the case is different, and when the restoration of the intersecting arches shall be com- pleted here, the ^effect will be pleasing in the ex- treme. The nave of this church is large and lofty, as well as the aisles, from which it is separated on each side by a series of five pointed arches spring- ing from octagonal columns. The roof is con- structed of dark timber of extremely elegant work- manship and is supported by large bracket-heads of Kings, Bishops and Ladies. A curious inscrip- tion on a part of this frame work reads as follows. Orate pro ata totlmi empty ant tjanr mlonam fieri fecit et qui ofitt prt moOte nuneio matt 3nno mni. MCCCCXXXVI. " Pray for the soul of William Smyth who caused this church to be built, and who died on the first day of May, in the year of the Lord 1 436. " It should have been written " re-built" as the porch is probably two hundred years older than the parts built by William Smyth, and the chancel older still. This porch which is on the south side of the building has a pointed arch with five zigzag mouldings, and is a specimen of the struggle which took place between what are commonly called the Saxon and Gothic styles. It is incon- veniently placed, being nearly opposite to one of the pillars in the nave, shewing its existence to have been anterior to the body of the church. THE DEVIZES. 311 There is another entrance under the tower, and the lower part of the tower appears to have been originally thrown open to the nave, by means of a very lofty and elegant arch. This effect has been restored by the present Rector, so far as the existence of the gallery will permit. This church is entirely constructed of good firm stone but is much inferior in its masonry to that of St. John's. On different parts of the ex- terior are displayed sculptured heads and grotes- que figures of men and of various animals. Under a canopy on the top of the east end, is a statue of the Virgin Mary with the infant Jesus in her arms placed on a pedestal having shields sculptured on the plinth, and inscribed with the initials of William Smyth. The Tower which is quadran- gular is finished with four purfled pinnacles and a spire. It is 91 feet in height (not including the pinnacles,) and together with the turret by which it is ascended, forms an elegant and striking ob- ject. Similar battlements and pinnacles are dis- posed around the summit of the body of the church. From entries in the church-wardens books it would appear either that some of these pinnacles had to be restored, or else were erected for the first time about the year 1 620. One pay- ment is " for horse hire to see the pinnacles of the church" and might possibly furnish a hint to some antiquary of the turf as to the origin of steeple- chaces. The monuments of St. Mary's church are but few in number. They commemorate 312 HISTORY OF John Garth M. P. Recorder of the Borough who died in 1764 aged 63. His son Charles Garth also represented the Borough. In the chancel are two other monuments to the memory of his widow and children. Abel Filkes a medical practitioner in Devizes for many years, has a tablet on the north side of the church. He died 1815, aged 65. Near the south door of the chancel, outside the building stands a tomb, evidently of high antiqui- ty. It displays a number of sculptured shields, charged with crosses and placed in quatre foil re- cesses ; but having no inscription, the name of the deceased has long been lost. ST. JAMES CHAPEL, commonly called the Green Church, is a chapel of ease belonging to the es- tablishment, and under the parochial jurisdiction of Bishop's Cannings. The Chapelry is called Southbroom or Devizes Green, and is, properly speaking, a suburb of the town. Whether the suburb or the town be the older of the two is a question involving much difficulty and no less interest. As to the church itself, the Tower is the only part which has not undergone recent change. It is probably as old a? Henry V's time. The upper part of it is highly decorated, resembling in this respect many of the Welsh Towers Cardiff for instance. Of the monuments in this church, several are to the memory of the family of Nicholas who for- merly possessed considerable interest in the town and neighbourhood. The following are some of them. Robert Nicholas, Esq. died in 1667, and Griffin Nicholas. THE DEVIZES. 313 Sir Robert Nicholas. Justice of the Borough "des les De- vizes" died in 1725 aged 64. Robert Nicholas son of the above Sir Robert Nicholas died in 1712, Oliffe Richmond Nicholas, son of Edward Nicholas, who died in his youth in 1767. Bridget wife of Edward Nicholas, and daughter of Oliffe Joan Richmond of Ashton Keynes also Jenny, wife of Edw. Robert Nicholas, and daughter of William Neate, of Devizes. Some later branches of the family are mentioned on the pros- trate slabs in the aisle. William Clare, Surgeon. Coroner for the County, died 1 829 aged 82. Henry Flower, died 1768 aged 51 Mary his wife died 1748 aged 70 Sarah Jones, her sister died 1743 aged 56. John Flower, died 1788 aged 75. For some time Father of the Corporation. He resided in the house next to the present Mr. Ellen's, in the Green. A pair of simple slabs against the west wall, mention the names of Robert Drew, and of his son Robert, and daughter Anne, the latter dying in 1693. Jane Harrison, died 1837 aged 68. Richard Reid, died 1790 aged 88. His wife Susannah died 1766 aged 64. Richard their son died 1792 aged 52. Comparative dimensions of the churches of De- vizes. The height of the Tower of St. John, mea- sured to the summit of the staircase-turret is 73, feet the extreme length of the church is 1 14 feet, width 68 feet. The height of St. Mary's, to the top of the tur- ret is 91 feet extreme length 132 feet ex- treme width 65 feet. The height of St. James to the top of the turret is 67 feet length 85 feet width 60 feet. 4 4 814 HISTORY OF The other places of Public Worship in Devizes are, 1st. ST. MARY'S CHAPEL, belonging to the Inde- pendent denomination, and situated in North Gate Street at the North West extremity of the Town. It was erected for Mr. Robert Sloper in 1776, and was enlarged in 1810. A tablet to the memory of that gentleman is placed over the pulpit which he occupied for so many years. Another monument re- cords the death of the Rev. William Priestley minis- ter of Fordingbridge who died at Devizes in 1 827. Mr. Sloper was succeeded by the Rev. Richard Elliott the present pastor. For the charities and bequests connected with this and the other insti- tutions of Devizes, the reader is referred to the parliamentary reports published by Government. THE PRESBYTERIAN CHAPEL in Sheep Street, was erected in 1 792. Mr. Fenner was then pastor, who was succeeded in 1796 by James Biggs M. A. and subsequently by Mr. John Stacey Bunce. THE BAPTIST CHAPEL in Mary-Port Street was built in 1780. Long previous to this however, the members of this denomination had worshipped in a meeting-house in the Brittox. It is presumed that they are the oldest Dissenters in Devizes, and their origin is said to be coeval with the period of Cromwell's soldiers being in the town, when the Castle was taken. In 1705 there appear to have been 62 members, meeting in the above mention- ed spot, Mr. John Filkes being then Pastor. In 1727 the name of Jacob Broadmead occurs, as occupying this post, and in 1729 that of Banja- THE DKVIZES. 315 min Fuller. Mr. Fuller resigned in 1^74 and was succeeded by Mr. James Pine in 1 778, soon after which, the new Chapel was commenced. In 1 792 in consequence of the decease of the last mention- ed minister, James Dyer was ordained, and died in 1797. The names of Peter Feist in 1807. John Handforth in 1813, and Jacob Hitchcock in 1827 conclude the list, since which period there has been no regularly instituted pastor. Besides these, there is a Wesley an Chapel in New Park Street The Quakers' Meeting House in High Street is now appropriated to the use of the Devizes Literary and Scientific Institution. The Quakers were formerly much more numerous in the neighbour! lood of Devizes than they are at present. A small plot of ground at Hilworth is still called the Quakers' burial ground, and one of the roads leading to Round way, bears the name of the Quakers' Walk. THE TOWN -HALL, is a handsome edifice of modern erection, having a projection in front forming the segment of a circle, with four Ionic pillars attached, and a basement of rustic work. The ground floor is used on Thursdays as a Cheese market, and above is a large room in which public Meetings and Assemblies are held : also a court room and the other requisite offices for the trans- 316 HISTORY QF ^action of the business of the Borough. The ar- chitect was Thomas Baldwin of Bath. The old Town-Hall occupying the corner cf Wine Street, is now converted into dwelling houses and shops, and belongs to William Cunnington Esq. " THE MARKET CROSS, was erected in 1814 at the sole expense of Lord Sidmouth as a memorial of his Lordship's attachment to the interests of the Borough which he represented in several succes- sive parliaments previous to his elevation to the peerage. It is built entirely of Bath stone by Benjamin Wyatt. The lower part of the struc- ture is plain, with a buttress at each angle sui- mounted by an enriched pinnacle. The spire is an octagon with ribs and crockets at the several angles" and is otherwise tastefully decorated. The only fault of the structure is the small number of steps at the basement, and judging from the nu- merous beautiful crosses of the same kind which this country possesses, perhaps the lower com- partment should have been open instead of solid- work, but these are matters of taste, in which every one must judge for himself. On the west side is the following inscription. THIS MARKET-CROSS WAS ERECTED BY HENRY VISCOUNT SIDMOUTH AS A MEMORIAL OF HIS GRATEFUL ATTACHMENT TO THE BOROUGH OF DEVIZES OF WHICH HE HAS BEEN RECORDER THIRTY YEARS AND OF WHICH HE WAS SIX TIMES UNANIMOUSLY CHOSEN A REPRESENTATIVE IN PARLIAMENT. ANNO DOMINI 1814. On the east side is inscribed the following. The Mayor and Corporation of Devizes a vail themselves of the stability of THE DEVIZES. 317 this building to transmit to future times the record of an awful event which occurred in this market place in the year 1 753 ; hoping that such record may serve as a salutary warning against the danger of impiously invoking divine vengeance or of calling on the holy name of GOD to conceal the devices of falsehood and fraud. On Thursday the 25 January 1753, Ruth Pierce of Potterne in this county, agreed with three other women to buy a sack of wheat in the market, each paying her due propoition towards the same ; one of these women in collecting the several quotas of money, Discovered a deficiency, and demanded of Ruth Pierce the sum which was wanting to make good the amount. Ruth Pierce protested that she had paid her share, and said " She wished she might drop down dead if she had not." She rashly repeated this awful wish, when to the consternation and terror of the sur- rounding multitude, she instantly fell down and expired, having the money concealed in her hand. The narrative of this event was formerly in- scribed on a tablet which hung in the market house. When that house was taken down, Mr. Halcombe who kept the Bear Inn, in order that the remembrance of it might not be lost, had it displayed on the base of a pillar supporting his sign which stood out in the market-place. In 1801 this sign was taken down, and the original tablet was re-erected. The old market cross stood on a spot much nearer the entrance of St. John Street than the present one does. From the Chamberlain's books it appears to have been finished in the year 1674 and one John William is paid for a "neck stone and globe" to crown it withal. It is singular that there is another monument in Devizes to record the untimely death of individu- als in a manner which has been regarded almost equally in the light of a judgment as the case of Ruth Pierce. It is a small obelisk in St. John's church-yard, reposing over the remains of five 318 HISTORY OF persons who were drowned at Drew's -pond on a Sunday in the year 1751. THE OLD BRIDEWELL, in Bridewell Street is now disused. Howard the philanthropist does not give a very cheering account of it in his description of the Lazarettos, of Europe published 1788. He adds " A prisoner named Thomas Platt, lately died in one of the solitary cells, and the verdict of the Coroner's jury was Died by hunger and cold" After this the allowance was augmented. The situation was never proper for a jail, being much too confined. THE NEW COUNTY JAIL, on the Bath Road, was constructed under the direction of Mr. Ingle- man, and is built partly with stone and'partly with brick. It is of a polygonal shape and the Gover- nor's house occupies the centre. The last official report furnishes the following particulars. " The Governor's house overlooks all the yards, and the building is very secure. There are eleven wards and eleven yards, 10 belonging to the men and one to the women. Total number of cells 210. Dimensions of what are termed single cells are 10 feet high, 7ft. Sin. wide, and 8ft. Sin. long. That of the women's 7ft. high, 5ft. wide, and 7ft. 5in. long. These form the chief blemish of the Jail. They are placed just opposite to one an- other on each side of a narrow passage, and over each door is a large aperture by which means they can converse commodiously. The women use a day-room common to all. No slates or writing are commonly permitted. The turnkeys, miller, THE DEVIZES. 319 and porter are chosen by the Governor, and their salary fixed at the Quarter Sessions. During 14 years there has occurred no attempt at suicide, nor any alarm of fire. Two endeavoured to escape but were re-taken. The average number of prisoners is about 700. Salaries. To the Governor per annum s250. The Matron ^"30 Sub-Governor 60 -Turnkey and Miller 46 each Three Turnkeys at 42 each one Porter 25 Chaplain 150 Surgeon 80 No Officer has any perquisite. The diet consists of 21b. of wheaten bread and one pint of gruel made of oatmeal and potatoes. On Wednesdays and Fridays, in lieu thereof, vegetable soup. Those on the wheel are allowed an extra biscuit. This wheel grinds corn for the prison and for the public. There is also a crank for raising warer. Other occupations are white- washi*ig, baking, cooking, and cleaning. The hours of labour are in summer 9J and during the rest of the year never less than 6|> The profits of the labour are about 30 which is appropriated to the County. The present Chaplain (Mr. Mayo) has been in office since 1822 and he also assisted the former Chaplain 2 years. He reads prayers daily besides preaching once every Sunday. (The Commis- sioners have recommended that in the Chapel every prisoner should be isolated, in order to avoid recognition.) The Chaplain keeps two Journals, one private and the other public, in the former of which he takes note of the birth, education, and 320 HISTORY OF character of the prisoners. He visits all, on ad- mission, and converses with them ; he forms them into classes of from 15 to 18,, and after reading the lessons every day assembles them for the purpose of instruction. He makes the remark that in no case, in which he has interrogated them as to whether or not they had ever received the sacrament, has he ever received a reply in the affirmative. On the subject of re-committals he says, that he has observed that those who have been flogged, often return to the prison ; and adds that flogging is usually deferred to the last period of the term of confinement, instead of being inflicted at the first. The culprit accordingly leaves the place, degraded in his own estimation, angry, excited, hating all mankind and ripe for future mischief. Those also who have been placed in the infirmary often re- turn to the prison, and he believes it to be a fruit- ful source of corruption, and thinks that the in- firmary should be attended by a wardsman who is not a prisoner. Some time ago, the Chaplain applied to the magistrates to give permission that certain ladies in the neighbourhood might act as teachers to the females, but this was declined. The women rarely ask to see the Chaplain, but when they are ill, he visits them of his own ac- cord. He himself is friendly to short imprison- ment with confinement to the cell, without work, for 20 days.* * Since the above was written, our esteemed friend and townsman, has with his family quitted England for the new World. They left Devizes in May 1839. THE DEVIZES. 321 The Surgeon's regular visits are twice a week. A table which he has drawn up, proves by the comparative weight of the prisoners on admission and dismission, the favourable effects of the disci- pline and diet on their health. Out of 500 weighed from the 25 March, 1835, to 25 March, 1836, there were hardly a dozen who had not gained in flesh. The Literary and Scientific Institution of Devi- zes was established in 1833; Mr. Estcourt, the President, delivered the inaugural address, on which occasion he was supported by Captain Tay- ler (who had exerted himself considerably, to found the Society) Rev. R. Elliott, Rev. C. Lucas, Rev. G. Majendie, Dr. Brabant, Mr. Salmon and Mr. Paul Anstie. The Board of Health established in the town for the purpose of taking means to prevent the progress of the Cholera, had this dreadful disease unhappily visited the neighbourhood, discontinued its meetings and discharged the persons employed, as soon as the malady had fairly left the kingdom. The whole expense from Nov. 1831 to March 1833, including the rent of a house for a year, use of furniture, half the salary of a Street Keeper (the other half being paid by the Mendicity Society) salary of a servant, advertising &c., amounting to 65 was paid by the overseers of the two pa- rishes of the Town and of the chapelry of St. James in proportion to their rates. The Mendicity Society was established for the purpose of relieving and transmitting paupers and 322 HISTORY OF has fully answered the expectations of its suppor- ters. Nearly 1 600 were relieved during the first year of its existence. Besides these, a variety of other institutions of a civil, charitable and re- ligious nature have from time to time been found- ed in the Town, such as the Benevolent Society in 1829. The Dispensary in 1832. Several Schools A Bank for Savings A fund for supplying the poor with Goal at a reduced price, &c. &c. The County Subscription Reading Room and Club was established Oct. 1, 1828. Held at the Bear Inn. Mr. T. B. Smith, Secretary. COUNTY HOSPITAL. The desirableness of erect- ing a Hospital at Devizes for the benefit of the northern and central parts of the country has long been acknowledged, and notwithstanding that the scheme has been agitated for many years, and most liberal subscriptions have been tendered from various quarters, it has hitherto fallen through. The proposal was, first brought forward by Dr. Headley at a meeting of the town's people in 1824 but remained in abeyance till 1832 when it was resolved to give the matter another examination, and a meeting was accordingly held at Devizes in February of that year, which however resulted in little more than the former one had done. TRANSFER OF THE ASSIZES. This like the above, was a question arising out of the respective localities of Devizes and Salisbury in the County. On the 9th of April 1 834 a requisition signed by nearly 200 of the inhabitants of Devizes was presen- ted to the mayor, requesting him to solicit the at- THE DEVIZES. 323 tendance of the gentlemen of the vicinity, for the purpose of forwarding the proposed plan of pro- curing one at least ot the Assizes to be held at Devizes instead of Salisbury ; and a meeting was accordingly convened, when Sir Philip Durham, M. P. for Devizes, (who on this as well as many other occasions exhibited great alacrity in pushing the interests of the Borongh,) opened the proceed- ings by putting his name down ior 500. So spi- rited a commencement could not fail of produc- ing a corresponding demonstration of liberality in others. Several of the neighbouring gentry con- tributed 200 each, nor were the inhabitants them- selves slow to manifest a similar good will to the cause, many gentlemen adding 50. The speakers on the occasion, other than Sir Philip, were Mr. Sloper, Mr. Locke, Mr. T. B. Smith, Rev. Thos. Methuen, Dr. Tomkins, Mr. Trinder, Mr. Wall, and Mr. W Tanner. THE BRITTOX The original signification of this unique name for a street, has been the occa- sion of frequent discussion and hypothesis ; though a very satisfactory solution is to be found in several of the old French and Latin dictionaries and glos - saries of the middle ages. The French word is Breteche, Breteque or Bretesque, principally used in Flanders, and signifying the public spot in a town, from which the Crier made proclamations of justice, or other announcements. Nothing can be more simple, but should this not be deemed sufficiently explanatory, there are a variety of other meanings. One authority states it to signi- 324 HISTORY OF fyalso an embattled tower fune fortresse a ere" neauxj and derives it from an old Italian word Bertesca, which was applied to a species of bar- rier ordinarily placed before the gates of palaces. In Dufresne's glossary we meet with another mean- ing, viz. that it was used for the projecting parts of a building, whether constructed of wood or stone, and quotes from " Consuetudo Scabenatus Atrebat. Art. 15. Un possesseur d'un heritage, ou de plousieurs, ne peut faire bretecques, bontures, saillies, ne outres choses sur la rue a 1'endroit desdits heritages, ou prejudice de ses voisins." In the Latin of the middle ages, it is written Bre- tachia, and its signification sometimes embraced even the walls of a town or castle. In a passage in " Gulielmus Armoricus de gestis Philippi 1202" it is evidently applied to temporary fortifications constructed for the purpose of taking some cita- del. The passage, (translated) is this. " He caused to be built double Bretecques (Brestachias duplices) in seven different spots, viz. fortified wooden castles, uniformly distant one from the other, surrounded with double quadrangular ditch- es and furnished with draw-bridges thrown be- tween. He filled with men, not only these cas- tles, but also the whole intervening space of the ditches, and thus encompassed the beseiged party, While on the subject of ancient names, it may be observed that the appellations of Gallows-Acre and Gallows-Ditch belonging to a field and road at Hillworth, have been explained by the supposi- tion of that elevated spot having been chosen as THE DEVIZES. 325 the Tyburn of Devizes, at the period when the jurisdiction of life and death was attached to the Castle. This jurisdiction was typified by the ex- pression Furca et fossa, gibbet andfoss or gallows and ditch ; the first mode being adopted in the case of men, and the latter, or drowning, in that of females ; or for purposes of ordeal. Crammer Pond may mean Merchant's or Mer- cer's Fond ; or it may be derived from one Dame Cramer who formerly inhabited Southbroom, and conveyed certain lands to the parish of Bishop's Cannings, (this latter is Mr. Thomas Smith's sug- gestion.) Many former names of spots in the town mentioned in the recitals of the Chantry re- venues are now lost ; such as Scammell in the Old Port, 'Lulle-ditch and others. Old Port is synonymous with St. Mary's parish, New Port with that of St. John. Mr. Hatcher of Salisbury considers that All- Cannings is a corruption of Eccl. Cannings, an abbreviation which the scribes would naturally make both in speaking and writing of Ecclesia Cannings. It was so called in contradistinction to Episcopi Cannings i. e. Bishop's Cannings. The subject of the ancient sewers of Devizes is one which has given rise to much enquiry and hy- pothesis. The vast size of these aqueducts and the extent of ground which they traverse certainly render them objects of considerable interest ; but the absence of any account of their origin leaves little more to be said about them, than that the construction of such an expensive work, at so re- 326 HISTORY OF mote a period, affords very palpable evidence of the importance which the town had acquired at an early age. The preamble to Charles I's Charter to the Borough alludes to its decayed splendour, attributing it to the interference of foreigners in the manufactures ; notwithstanding which, in Fuller's" Worthies of England" written in Crom- well's time, Devizes is stated to be " the best and biggest town for trading in the Shire." This is certainly not the case at the present day ; though it may perhaps be added with truth, that what im- portance, relatively speaking, the town has lost in matters of trade, has been re-derived through other channels. The manufacture of cloths became extinct about the year 1828. The process of malting was for- merly carried on extensively, and the manufacture of snuff has been established for many years. The Windmills on the Castle Hill were at one time used for this purpose, previously to which they were employed in making rape-oil. The population of the two parishes in the old Borough, was latterly as follows. Year. 1801 1811 1821 1831 St. John's. 1570 1769 1972 1973 St. Mary's. 1977 1981 2236 2589 Total. 3547 3750 4208 4562 The proportions of females to males being about thirteen to twelve. THE DEVIZES. 327 TABLE shewing the registered Baptisms, Burials and Marriages within the limits of the old Borough du- ring 20 years. BAPTISMS. BURIALS. Year. Males. Females. Total. Males. Females. Total. Marr. 1811 44 52 96 37 20 57 41 1812 44 34 78 20 24 44 26 1813 45 40 85 26 34 60 14 1814 39 43 82 37 42 79 13 1815 52 39 91 36 36 72 31 1816 39 43 82 37 47 84 30 1817 45 47 92 33 34 67 29 1818 34 37 71 22 29 51 29 1819 38 34 72 27 36 63 27 1820 1821 42 43 85 24 25 49 22 48 36 84 31 37 68 44 1822 47 42 89 42 45 36 78 25 1823 33 41 74 36 81 23 1824 44 36 80 37 27 64 25 1825 33 43 76 32 32 64 27 1826 38 38 76 41 38 79 32 1827 46 57 103 35 39 74 31 1828 60 39 99 29 20 49 20 1829 42 53 95 61 41 102 22 1830 52 31 83 33 23 56 31 328 HISTORY OF In a geographical sense, Devizes stands on the edge of an irregular extent of elevated land of con- siderable altitude, which land nevertheless forms the base of a vast valley running up due-west for several miles. The height of the town above the level of the sea in the Bristol Channel is about 500 feet, and this circumstance combined with the exposure of its situation, renders it perpetually subject to the effects of winds. The air in conse- quence is characterized as cold and sharp, but is not unfavourable to health, if a judgment to that effect may be formed from numerous instances of longevity. In a geological point of view, it stands upon the formation called the green sand, one of the series of beds reposing between the chalk and the oolites, and which is of considerable thickness at this spot. Being of a porous nature, it is necessary to pierce to a great depth to obtain a sufficiently abundant supply of water many of the wells in Devizes are in consequence more than 90 feet deep. That at the parsonage of Potterne is 126 feet. The Iron-sand or lowest bed of this series often contains brown oxide of iron f in such consider- able proportions as to have rendered it in former days, worth the working as an ore of that metal, while the forests of the country were still in a state to afford a ready supply of fuel on the spot. Se- veral tracts in the neighbourhood of Devizes tes- tify by the quantities of scorice of melted iron scattered over them, that such was the case in these parts. Under Beacon-down Hill in particular, THE DEVIZES. 329 and the vicinity of Bromham, as well as in some fields in the Old-park, these traces are visible. The character of this formation may be best esti- mated, where it emerges from beneath the clay at Foxhanger west of Devizes. It there consists of a pudding stone, composed of rounded quartz, whose cement is siliceous with a red calx of iron, containing ore formerly in much request for the furnace and forge, and constituting the material whence the ancient Britons wrought their Quern Stones. * ROUNDWAY-DOWN is the abrupt termination of a long ridge of Chalk hills which stretch westward from the south of Marlborough. We have al- ready had occasion to notice it in connexion witli the decisive action of which it was the scene, but it is difficult to refrain from adding a few words on the subject of the ancient entrenchment popu- larly called Oliver's camp, a spot to which so many early footsteps have been directed, and which will continue to form the terminus of many an agreeable ramble to successive troops of visi- tants. The following notices of it are from the pen of Sir Richard Colt Hoare. " From thence I directed my course to the very conspicuous eminence above Devizes, called Roundway hill, on which there is an earthen work commanding an extensive and delightful view. A few barrows dispersed over the hill remind us of former times, but I could not discover any de- cisive settlement of the Britons. Amongst the * See Philips' and Conybeare'sGeology. ~330 HISTORY OF papers of the late Mr. Cunnington I find the fol- lowing remarks made by him relative to the ground. * This little earthen work is situated on the western extremity of the hill upon a high point of down projecting towards the village of Rowde. It has an entrance from the down, guarded by a single rampart ; on the other sides it is rendered inaccessible by nature. The whole area of the camp does not contain above two or three acres. It has not the appearance of a very old work, and was probably no more than a sig- nal post, as it commands a large extent of coun- try. It might have been an exploratory camp of the Romans, attached to the^neighbouring station of Verlucio. Upon the highest point of the hill near the stone quarries, we found coarse pottery and nails, but the former is not of the ancient British manufacture. ' ' We opened two Barrows on the Hill, the first was a small circular tumulus on the right hand as you reach the summit from Devizes. At the depth of 4 \ feet it produced a skeleton lying from North to South, but without any accompaniments either of arms or trinkets. The second barrow lies far- ther to the East and near to the stone quarries, it is circular in its form and about 2^ feet in eleva- tion. At the depth of 4^ feet we found a skeleton lying from West to East, and with it an iron ring and thirty bits of ivory, in form and size like children's marbles cut in two. These articles were intermixed with a large quantity of decayed wood which was probably once attached to the ivory. THE DEVIZES. 331 This earthen work has been assigned both by Camden and Aubrey to the Romans the former of whom thus mentions it in his description of Wilt- shire. 'On the utmost part of Roundway Hill which overlooks the town of Devizes, there is a square single trenched camp, that seems to point out to us the presence of the Romans in these parts, and there have been discovered in the neigh- bourhood of this place, several hundred pieces of ancient Roman coins of different Emperors, and within a fe\v yards, several pots without coins, but supposed to be of the same antiquity." Mr. Aubrey in his manuscript collections says " On Roundway down is a Roman Camp. It is situate upon the end and promontory of the hill looking over the town. At the angles, the tumps are higher and bigger than the rest of the rampire. This Camp seems to have for its antagonist, Oldbury." After the opinions of so many antiquaries, it would be idle to propose any further conjectures. Sir Richard Hoare conceives that the removal of British residences from the high to the low ground took place at a considerable time after the inva- sion of the Romans, "for on some of the highest points of land, (he observes) we find the most evi- dent traces of Roman workmanship, in painted walls of stucco, fragments of Hypocausts &c. a convincing proof that the Romans had associated with the Britons in these their elevated and pas- toral abodes." The height of Roundway above the level of the 332 HISTORY OF canal at Devizes is 310 feet at the spot occupied by the smallest plantation. The summit of Mor- gan's hill is 520 above the same level, or nearly 1 000 feet above the level of the sea. In Stukeley 's time a gibbet stood on that eminence, and the ap- pellation of Morgan's hill may possibly have been derived from the name of the felon who hung there- on. The engraved view which the Doctor made of (his hill was for the purpose of delineating the remarkable junction which there takes place be- tween the Wansdyke, and the Roman Bath-road, occasioning the former to forsake its serpentine irregular track, and suddenly to adopt the straight forward line of the Romans. This looks as if the Wansdyke must be the more recent formation of the two, and renders very doubtful Dr. fStukeley's sug- gestion, that it formed one of the limits of three dis- tinct conquests by the Belgoe. An old French wri- ter thus disposes of the question in very few words. "Les habitans 1'appellent Wansdyke qu'ils disent avoir este creuse par un mauvais Demon un Mer- credi." That it was the boundary of some Roman territory, is as difficult to substantiate from history as to deduce from the character of the work itself. The route ever Roundway Hill, or more pro- perly, over Beacon-down Hill from Bath, which was commonly adopted in former days, was the occasion of the Sovereigns in their western journies or progresses, passing through Devizes less fre- quently than they would otherwise have done ; and the castle as a royal abode, having ceased to exist, the town itself cannot be supposed to have THE DEVIZES. 333 possessed many accommodations for the residence of a Court. Laycock and Bromham House were the more usual stopping places for royalty in this vicinity, the latter place lying immediately upon the route. In April 1613, Anne the queen of James T. made a progress to Bath for the benefit of the waters. On her way back, in the June fol- lowing, we learn from Anthony a Wood, she passed through the parish of Bishop's Cannings very near to Devizes. " The vicar of the parish George Ferebe M. A. of Magdalen college Oxford, was a Glostershire-man born, and being well skilled in musick, did instruct divers young men in his parish in that faculty, till they could either play or sing their parts. On the llth of June, the Queen on her return from the Bath, did in- tend to pass over the downs at Wansdyke within the parish of Bishop's Cannings ; of which, Ferebe having timely notice, he composed a song of four parts, and instructed his scholars to sing it very perfectly, as also to play a lesson or two which he had composed, on their wind-instruments. He dressed himself in the habit of an old Bard, and caused his scholars whom he had instructed, to be clothed in Shepherd's weeds. The Queen having received notice of these people, she with her re- tinue made a stand at Wansdyke. Whereupon these musicians drawing up to her, played a most admirable lesson of four parts, with double voices, the beginning of which was this Shine oh thou sacred Shepherd's Star On silly swaynea, &c. &c. 334 HISTORY OF Which being well performed, the band con- cluded with an Epilogue, to the great liking and content of the Queen and her company." This lesson, as it was called, was published soon after. It is described in the books of the Stationer's Company as " A thing called The Shepherd's Song before Queen Anne, in four parts complete musical, upon the playnes of Salisbury." These sort of pageants, which were quite the fashion at that time, appear to have been any- thing but disagreeable to the persons for whom they were got up. " The Queen (writes a Mr. Cham- berlain from London, 10th June see Winwood's memorials) is not yet returned from Bath and thereabouts, having been at Bristol, and received, great entertainment at divers places, with which and the country sports they made her, she is so well pleased, that it is thought she will make more such progresses. " Master George Ferebe was afterwards sworn Chaplain to his Majesty King James " and was ever much valued for his ingenuity." He pub- lished in 1615 "Life's Farewell" being a sermon preached in St. John's Church Devizes, from 2nd Samuel xiv and 14, at the funeral of John Drew, Esq. (See Nicholas Progresses.) James I may be said to be an exception to the remark made above relative to the passage through Devizes, as there is certain evidence of his having come through it on three occasions viz. in 1613, 1618 and 1623. The object of his progresses was as much to display the schoolmaster as to dazzle THE DEVIZES. 335 with the blaze of royalty, and accordingly we find him often turning aside to examine objects which claimed attention. He was frequently in these parts, and his route from Lord Pembroke's seat at Wilton * to Sir Edward Bayntun's at Brom- ham House would naturally lead him through this town. While stopping at Bromham in 1618 he knighted Sir Rawlyn Bussey on the 1st. of Au- gust ; and while on another visit there in 1623, he writes to his " sweete Steenie " announcing to him a present of s2000 from the East India Com- pany, (printed in Ellis's historical LettersJ It was stated a short time since in the Devizes Gazette, that " the mansion at Bromham is reported to have been bombarded by Lord Wihnot after the battle of Round way, and beaten to the ground " " That Sir Edward Bayntun the then proprie- tor, acted at the period of the Civil Wars as Com- missioner to the Parliament, and in that capacity might have rendered himself obnoxious to the victorious party. " The papers of the time do not mention any such bombardment just then, and it is therefore presumable that the circumstances * Inigo Jones, relates that in 1 620 he was discoursing one day with king James, and the Earl of Pembroke at Salisbury on the subject of Stonehenge. Whereupon "I icceived, (he continues,) his Majesty's command to produce out of mine own practice in architecture and experience in antiquities abroad, what possibly I could discover concerning this of Stonehenge " He accordingly set about the task, and made the astonishing discovery that it was erected to Ccelus the father of Saturn, between the ages of Agricola and Constantine, and had been constructed in the Tuscan order. 336 HISTORY OF which occurred there in 1645 and which have already been noticed in the transactions of that year constitute the origin of the tradition. Speak- ing of the site of this ancient seat, the writer (Mr. Money of Whetham) adds " The traces of extensive building are very discernible, though little of the antique remains with the exception of a carved corbel or two, and a subterranean pas- sage leading, no one knows whither (though it is said, to Lay cock Abbey) This passage runs under the garden, where the entrance was filled up a few years ago. A rampart of earth called " The Battery " enclosing an area of about seven acres, surrounds the premises, from which it may be inferred that the house was castellated. " In the account appended to Dore's Plan of De- vizes, the name Round way is regarded as a cor- ruption of " Roman- way " in consequence of the comparative proximity of one of those ancient tracks ; though there seems small reason why the designation of this part of the Downs in particu- lar should bear allusion to a line two miles dis- tant from it ; the name of Roundway being pro- perly applicable only to the headland immediately over against New-Park or the village of Round- way. May we not rather assume that this hill de- rives its name from the village, and that this again is so termed ; as lying in the ancient road from Horton to the town of Rowde, thence denomina- ted Rowdeway or Rowndway. The spelling of the name of this latter place in the public records is very various : we meet with Rudes or Ruda THE DEVIZES. 337 Rondes Rowndes and Ruges ; though the most ordinary mode of expression is undoubtedly, "Villa de Rudes." The part of the hill outlying imme- diately beyond Oliver's Camp is called Beacon- down Hill, corrupted to Bagdon Hill ; and the engagement above referred to, has sometimes been designated by it. It is so called in an entry in the parish register of Rowde, which Mr. Money lately presented to the public, (See the Devizes Gazette 25 July 1839.) The extract is as follows. " 1643. William Bartlett the son of Mr. Robert Bartlett of Churton, who was slain in the fight on Bagdon Hill, was buried July 14th." In connexion with this, is appended another entry from the Churton Register, as follows. " July the 13th, being Thursday, 1643, was the great fight on Roundway Hill, in the which William Bartlett was shotte in the forehead, and was buried iu martial wise at Rowde. He was chief quarter- master to the noble Colonel Sands, and he was baptized (ut patet) 26th March, 1615. A cloud like a lyon rampant azure, was on the armye fighting." This latter entry, it was observed, was incon- sistent with Lord Clarendon's account, since he describes the Earl of Hertford as escaping from Devizes on Sunday night, the 9th July, and Lord Wilmot returning and fighting the battle of Roundway on Wednesday. It is the historian who is at fault in this case, and from trusting to his apparent fidelity in details, the error was over- looked in the present narrative, (see Chapter V.) but a more careful examination of the accounts published at the time, shews distinctly that Hert- ford left Devizes on Monday night, and that the 338 HISTORY OF cavalry returned on Thursday at four in the after- noon. A short but very explicit statement of those events with their dates, is contained in " A true relation of the late fight between Sir William Waller's forces and those sent from Oxford, writ- ten by a Colonel in his army at Bristol to a friend in London," 1 643. By the assistance of that and other accounts, we will briefly recapitulate the pro- ceedings of each day. July 9. Sunday, Lord Hertford leaves Chippenham, but is overtaken at Sir Edward Bayntun's park, where a skirmish ensues, and the Royalists are chased from hedge to hedge till they reach Devizes Waller retiring to a large moor at Rowde. July 10, Monday, Waller goes over Bagdon hill, and des- cends to the village of Roundway sends Major Dowett to en- counter Lord Crawford coming from Marlborough returning to Devizes perceives the whole body of Hertford's cavalry with the foot, posted on the rising ground N.E. of the town, looking out for Crawford's arrival. They retreat into the town, and Waller takes up his own position on the said hill falls on the town during the night " though coldly." " Hertford retreats privately from the Vize through his park (perhaps New-Park) towards Oxford." July 1 1 , Tuesday, The seige is carried on with vigour, and the place defended with great bravery. July 12, Wednesday. Heavy rains during the day, never- theless Waller forces the outworks and guards grants a parley of 2 hours which is extended to 8 hours. July 13, Thursday. It was intended to make a desperate assault on the evening of this day, when 2000 or according to others 2, 600 horse suddenly arriving from Oxford, engaged with Waller and put him to the rout. Recurring once more to the old Bath road over the hill (not the Roman road) a trifling circum- THE DEVIZES. 339 stance may be added, viz. that in or near the year 1689 the Princess of Orange with a long train of baggage waggons, passed by this route over the downs ; and such was the excitement prevailing by reason of the events which had just unseated James II, that tradition says, so many persons went out from Devizes to see her pass, that the town was literally emptied of its inhabitants. Ow- ing to the severities of Judge Jefferies, the people of the West had lately seen swimming before their eyes (to use an expression occurring in a letter of that period) " the visions of so many gibbets/' that we cannot wonder at the eagerness with which the Prince's arrival in England was greeted in this and the neighbouring counties. Among the accompts of his receipts and disbursements imme- diately after his landing (preserved in the Harleian MSS.) is the following entry. Received of William Trenchard as being presented to his Royal Highness the Prince of Orange, his now Majesty, by the Clothiers of Wiltshire, 250. The name of William Trenchard occurs in page 259 of this History, as a petitioner to the House of Commons, about that same time, relative to an alledged undue return of Burgesses. NEW PARK. At the foot of Roundway hill, and one mile distant from Devizes, is situated the Mansion of New Park. The present house was built by Samuel Wyatt, architect, for the late James Sutton Esq. at whose death it came to Thomas Estcourt Esq. in right of his wife, only daughter and heiress of James Sutton, and niece 340 HISTORY OF to Lord Sidmouth. It contained a few good pic- tures, 1st. A Portrait of the Rt. Hon. Henry Ad- dington (afterwards Lord Sidmouth) in his robes as Speaker of the House of Commons, painted by Copley 2nd. Rustic figures in a landscape, by George Morland, and 3rd, A landscape with figures by Gainsborough. Thomas Estcourt Junr. Esq. who quitted the house in 1837, carried the paint- ings to his residence of Bowden House. The park was thus described many years ago, by Mr. Repton a landscape gardener. " All the ma- terials of natural landscape seem to be collected if not actually displayed within the pale of this beautiful park. It presents every possible variety of shape in the ground, from the cheerful and ex- tended plan, to the steep hill and abrupt precipice. The surface is every where enriched with wood of various growth and species, either collected in am- ple masses, tor lightly scattered in gfoups and sin- gle trees. Such are the natural advantages of fore ground, to which must be added the richest pros- pects of distant country ; and while nature has been thus bountiful, art] has also lent assistance under the direction of Mr James Wyatt, to decor- ate the scene with a building of the most elegant form. The house at New Park, in a lasting mon- ument of the contrivance and good taste of that ingenious architect." Mr. Repton, was a man of some considerable notoriety in his profession. When consulted about the improvements and embellishment of parks and other pleasure grounds, his practice, after survey- THE DEVIZES. 341 ing the whole, was to write a description of the same in a book bound in red morocco, which was then left with the proprietor of the estate, and cal- led the Red Book. In these descriptions, he illus- trated his precepts by numerous drawings, depict- ing the various scenes as they actually were, and also as they would appear, if altered according to his suggestions. fSee Beauties of Wiltshire.^ If the water from Roundway could possibly be so applied as to constitute a prominent feature in this Park, their are few estates in England with which it might not vie, as far as natural beauties go. 342 HISTORY OF CHAPTER XL BIOGRAPHICAL SKETCHES RICHARD OF THE DE- VIZES JOHN OF THE DEVIZES ROBERT DE VISE WILLIAM PRIOR DR. PHILIP STEPHENS JOSEPH ALLEIN THOMAS THURMAN DR. JAMES DAVIS JOHN COLLINS JOHN ANSTIE EVAN THOMAS SIR THOMAS LAWRENCE. It now remains to cull from past generations the names of such of the natives or residents in Devizes, whose memory, from local associations it may be interesting to preserve, though but few of them can be said to have assumed any degree of prominency in the page of history. We be- gin with RICHARD OF THE DEVIZES. The extract period of his birth is unknown, but it must have been near the middle of the twelfth century. He was bred in Winchester, and subsequently entered the order of Benedictine Monks in that city, amongst whom he acquired considerable distinction by his learning. His principal works are a " History of the reign of King Richard," and of his exploits in Palestine" and an " Epitome of the British affairs," both of which he dedicated to Robert Prior of Winchester. The former of these, in manuscript THE DEVIZES. 343 is preserved in the Cottonian library in the Bri- tish Museum, under the head Domitian No. 13. This Monkish historian died at the commence- ment of the thirteenth century. JOHN OF THE DEVIZES, was made a Citizen of Salisbury, and became a person of considerable in- fluence there, during the reign of Edward II. His name appears, among the parliamentary writs, as a Burgess returned for that city in 6th. Edw. II. at Westminster. He is also mentioned as one of the arbiters in the adjustment of a fierce controversy which took place about that time between the Bishop of Salisbury and the Burgesses of the City. ROBERT DE VISE, is mentioned in " Weever's funeral Monuments" as having in conjunction with two other individuals, founded a College at Brad- gare in the diocese of Canterbury. The date is not mentioned. WILLIAM PRIOR, is the name of a native of this town, who in the days of Henry VII. fell under ecclesiastical censure, for holding Lollardy or pro- fessing the principles of Wickliffe (for these terms were synonymous.) He was cited at Salisbury and induced to recant, but repenting of the step, and resuming his own professions, was delivered to the flames in that city as an incorrigible heretic, in the year 1507. DR. PHILIP STEPHENS, was born in Devizes in the early part of the seventeenth century. He was educated for the profession of medicine at St. Alban's Hall, Oxford, where he took his de- grees and shortly after was elected fellow of New 344 HISTORY OF College, by the visitors in 1655, whence he was translated as principal to Hart-Hall. He was conjointly with a Mr. Brown the author of a work entitled " Catalogus Horti Botanici Oxoniensis" published in 1658. He died in London, a short time subsequent to the Restoration. JOSEPH ALLEIN, a distinguished non-conformist divine was contemporary with the above, having been born in 1633. According to tradition, his birth happened in a house occupying the site of one near the market house (lately occupied by Mr. Fowler.) Mr. Allein was early in life educated for the ministry of the established Church, and at the age of 16 was sent to Lincoln College, Oxford, whence he was removed in 1651 to Corpus Christi College on a Wiltshire-scholarship. In 1655, we find him acting as assistant to Mr. New- ton a clergyman of Taunton, where he continued to officiate till ejected for his nonconformity in 1662. He now commenced preaching privately, but his zeal speedily attracting the malice of his persecu- tors, he was thrown into Ilchester Jail, tried at the assizes, and sentenced to pay one hundred marks, or remain in prison till the fine was dis- charged. He lay there accordingly upwards of a year, and when at last set free, attempted to renew his ministerial labours with his former ardour, and was again subjected to an imprisonment which lasted sixty days. These two trials broke his constitution ; he survived the last but three years and died in 1668 at the age of 35. His body was buried in the church of St. Magdalen at Taunton . THE DEVIZES. 345 The writings of this divine are numerous, and some of them have been frequently reprinted. His " Alarm to the Unconverted," is the work by which his name is most popularly known. THOMAS THURMAN, was a man who was held by his fellow towasmen in vast esteem during the day in which he lived. His residence was the house in Wine Street, now (1839) occupied by the North Wilts Banking Company, where he amass- ed considerable property in trade. He was father of the Corporation for many years, and a leading ma a in the town, by whom he was looked up to as a patriarch, and consulted as a kind adviser, and his name appears in most of the executorships of the day. His monument in St. John's Church is inscribed with a long list of his benefactions and charities to the poor ; besides which, he contributed considerable sums towards erecting the altar piece, and embellishing the chancel of the church. He died in 1777, aged 86. JAMES DAVIS, M.D. practised as a physician in this town during a portion of the early and middle part of the last century. Whether or not this gentleman was a native of Devizes is uncer- tain. His work on its antiquities, so large a por- tion of which has already come under our notice, was written in the years 1750 and 1751, in the form of familiar letters, and was published in 1754 and afterwards reprinted in Charles Dilly's " Re- pository of wit and humour" in 1783. From a note in that work, it appears that he had travelled as far as Greece, and that he stole on that occa- 346 HISTORY OF sion from a library at Mount Athos, a Greek ma- nuscript of Soranus on medicine, at the imminent peril of his life. Among what are termed the " additional manuscripts," in the British Museum, are some other of Davis's letters from Devizes, of a date antecedent to the above. They are ad- dressed to Professor Ward of Oxford, and were written with a view to aid him, in a projected sup- plement to Horsley's Britannia. He intended to publish other letters after writing those about De- vizes, but failed in obtaining the requisite number of subscriptions, " He left a large book," says his publisher " about Stonehenge, not quite finished. He seems only certain that it was erected by some of the sons of Adam, but whether by Danes, Saxons, Romans, Britons, or Antediluvians, he left undetermined, till he had perused Geoffrey of Monmouth," and others. In character, Dr. Davis appears to have been of a warm and friendly dis- position, and to have possessed a considerable share of real candour and openness. As a satirist, the " Origines" place him far above mediocrity, either in his own or the present day. JOHN COLLINS is a name familiar to many still living in Devizes. He was an antiquary in mind, manners, and dress. Instead of detailing the va- rious anecdotes which keep alive his memory, a letter of his is here appended which unfolds the man in his own words. It is addressed to Mr. Edw. Poore of Queen's College Oxford, and pro- fessed to be an account of his (Collins's) ancestry, but whether or not he had sufficiently good autho- THE DBV1ZES. .'547 rity for claiming kindred with all the persons therein mentioned, does not appear. One inci- dent which he recites, claims considerable interest, viz. James IPs visit to the town, a circumstance which must have happened in the first year of his reign, and just before the landing of the Duke of Monmouth. The king appears from the narra- tive, to have reposed great trust in the loyalty of the Borough ; concluding, no doubt, that the dissenting interest was not quite strong enough in Devizes to have given the Duke much counte- nance, however the neighbourhood might have been affected. The letter in question, or at least the principal part of it is as follows ; " Sir. As there is in most a curiosity to be acquainted with the rise, progress, and if it so happen, with the declension of their acquaintances, the purport of this epistle will be to transmit to you such printed or traditionary historical anecdotes of the Collinses of whatever character or profes- sion, rogue, villian, or honest, as have come to my knowledge, I begin with " James Collins. Wool-comber of the Devizes" (This character is not worth reciting) " Collins ; he that wrote the " Scheme of Lite- ral Prophecy" I know not his other name, nei- ther have T read his works, but I find he is like a Jackdaw with borrowed feathers, for Chandler, Brown, Newton, and others have been pecking of him, and saith that he is a retailer of scraps from others, as Porphyry, Grotius and others, and hath not advanced any thing of his own. I find he is 348 HISTORY OF an author on the side of those falsely called free* thinkers, so of consequence, a denier of the neces- sity and usefulness of a divine revelation ; and for which I am sorry that any of my name should be so wicked thus in defiance of the Almighty Just Jehovah, to undertake the cause of the Devil, and openly declare himself his advocate. 1 ' My soul come not thou into their secret ; unto their assembly mine honour be not thou united" (The writer then goes farther into this subject, in which it is hardly necessary to follow him.) " Dr Samuel Collins, was one of the College of Physicians, and wrote a " Treatise of Comparative Anatomy" 2 vols. folio. With excellent plates yet it sells for a trifle. " William Collins the poet. His writings seem to shew him to be a person of fine sensations, such as his "Ode on the Passions" and the "Ode onMusic" his " Oriental Eclogues" &c. " John Collins, D. D. Apresbyterian minister at Norwich, author of many treatises on Divinity. One on Providence. I have his picture which Mr. Overton sent to me from London." " John Collins, F. R. S. The English Maecenas, a valuable man in his days, not only a theoretical writer, but a practical workman ; I have his " Geometrical dialling" and his " Epistolse Com- merciales." Tis said of him that he was one of the first promoters of the Royal Society ; but if not, he was one of the first members at its institution." "John Collins, one of my ancestors, said to have been a soldier in the civil wars in Charles Fs. THE DEVIZES. 349 reign ; been taken prisoner, and put in a church, there was a Cartel of thirty, and he being the last called, was so transported to be released from his confinement and hard keeping (having horseflesh for meat, and scarce enough of that) that he leaped clean over one of the pews into the alley." " Hercules Collins, another of my ancestors, a minister turned out of his living at Wapping, 24 Aug. 1662 (called Black Bartholemew Day) was a prisoner in Newgate on account of his religious principles. He was skilled in the Latin, Greek, and Hebrew, as appears by his writings, some of which 1 have ; particularly a controversial piece against Mr. Mence on the subject of Baptism." " Henry Collins My great grandfather, on ac- count of his religious principles was cited in the Bishop's Court, where the process went on till it came to an excommunication, which actually took place, and he died under excommunication, when my grandfather was about 16 years of age, who gave orders to the sexton to dig a grave to bury his father, but the rector of the parish for- bad it. So the sexton come and brought him word, who said that his father must be buried "somewhere, and that if he were not suffered to lie in the church-yard, he would dig a grave and bury him in his own garden. The sexton unwilling to lose his perquisites, goes to the Rector and ac- quaints him with what had passed ; and at last obtained leave that he might be buried in what was called the unconsecrated ground if Mr. Col- lins approved of it, which when my grandfather 350 HISTORY OF heard, he very readily acquiesced thereto. After- wards it became the burial place of others that were strangers or excommunicate, and so had no other consecration than the burial of an excommunicated person. It is in St John's parish Church- Yard on the right hand side, as you go along the south walk from the steps."* " John Collins, my grandfather, after his father's decease, sold the effects, being the eldest child, ap- prenticed his sisters and then himself, to the same master to whom his father had, Mr. Jeremiah Wil- liams, a glazier who lived at the corner of Morris's lane. In the time of Monmouth's rebellion, a party of King James's soldiers were coming to town who had taken a guide to direct them from Laving- ton to Devizes, who (as well as most men in the Western parts) being disaffected towards the King, had them through New Lane, a lane about half a mile on this side of Potterne, in order to have then* carriages to Devizes ; for the public road that now is, was since the memory of many now living, only a sack and pack road, But he might have direc- ted them over Potterne-Clay, and so along Dog- Kennel-Lane to Devizes. When they were come into the middle of this lane, it being a descent from both ends of it, towards the middle, where a small stream of water runs across it ; the ground being partly swampy and partly clayey f the * This is information of an exceedingly valuable kind, and the present inhabitants of Devizes are earnestly recommended to ascertain without delay the precise limits of this dangerous spot. t This road is still known as New-Lane, branching off as THE DEVIZES. 35 1 Carriages stuck; which detained them till midnight, and in the confusion, the guide eloped ; which gave the inhabitants of Devizes time to secret some of their effects. My grandfather hid his vice (which is an instrument to draw the lead that is used to separate the quarrels of window lights) in a dung- hill, that, and a diamond to cut glass, being his whole treasure ; then put out his candle, opened his doors, and walked about the town." " The soldiers continued here about two weeks, and king James with them ; his head-quarters being at the Pelican, where he dined in public every day, (mem. In that house I imbibed some of the principles of my erudition, learning there the foundation of all literature, the alphabet.) On Sunday, the arms of all the soldiers were grounded in the Hall, with the ammunition and baggage, and no sentry to guard it, being gone to church. There was some of the common people talked of seizing them for the service of the Duke, but as nobody attempted it, nothing was done." "I forgot to mention to you when writing stated above, from the high road, half a mile from Potterne and crossing the valley straight lo Furze hill, the remainder of the route to Devizes lying in consequence through Hartmore, Probably the guide's conduct on this occasion was not owing to any great love for the Duke, or unwillingness to serve his employers ; for (judging from present appearances) the choice between New Lane and what Mr. Collins terms Dog-kenne lane might be pretty well estimated by the New-England ex- pression of" which and t'other" 352 HISTORY OF about the free-masons, that when the war with France was ended, the French officers who were at Chippenham on their parole ; on iheir way home, came through Devizes, and had twenty one chaises to carry them." Written from Devizes J. COLLINS. In June, 1771. JOHN ANSTIE was an eminent woollen manu- facturer, and a citizen in the best sense of the word born in Devizes about the year 1745 He was chairman of the " West of England associa- tion of Clothiers," and during many years, exerted an influence of which he commanded an extensive share, in the advancement of objects of a patriotic kind, principally in the cause of the growth of British wool. The only works of his, at present in the British Museum Library, are 1st. A general view of the bill for preventing the illicit exporta- tion of British wool and live sheep. Bath, 8vo. 1787 2nd. A letter to the Secretary of the Bath agricultural society on a premium for the improve- ment of British Wool. London 1791. EVAN THOMAS, styling himself " Astronomer in Devizes, successor to the late celebrated Dr. Henry Season, and member of the Hon. Society of Ancient Britons," was the publisher of an Almanack which being built upon Murphy's model, and attracting notice by the fortuitous realization of some of his conjectures, enjoyed for awhile a considerable share of popularity. SIR THOMAS LAWRENCE. The father of this THE DEVIZES. 353 distinguished artist left Bristol and settled at De- vizes the same year in which his son was born, 1769. Though the former city claims the dis- tinction of his birth-place, yet the earliest notices, and precocious buddings of his subsequent cele- brity are all connected with the town of Devizes. His father had taken the Bear Inn, a house at which all the rank and fashion of the country were accustomed to stop on their way to Bath, then in the height of its celebrity and vogue, and it was here that the infant artist attracted the notice of many of the most celebrated men of the day among others, Edmund Burke, Sheridan, Garrick, Foote and Wilkes. Much of this atten- tion was owing to the obtrusive pertinacity of his father, who perceiving the graces of his little son, was too fond of exhibiting him, not only in the character of a draughtsman, but that of an actor as well. Garrick loved to retire with him to a summer house in the Bear garden, and there lis- ten to his recitals by the hour. His father per- sisted in refusing to suffer him to receive any in- structions in the art for which he appeared more decidedly destined, and has been very much blamed for his conduct in this respect ; though after all, it is very likely that he had the penetra- tion to perceive that the poicts in which his son excelled were just those which no precept would confer. The first picture of Lawrence of which there is any distinct record, was one painted at Devizes, when about 7 years of age. It consisted of two 354 HISTORY OF portraits, Mr. and Mrs. Kenyon, and was exe- cuted like all his others at that time, in the most unpremeditated manner, during the brief sojourn of the originals at his father's house. During the three subsequent years he had many opportunities of practising his art in connexion with persons of influence and distinction in life ; and at the age of 10 he was in possession of sufficient celebrity, to command a public notice and panegyric on his pretensions, in a work retaining its popularity to the present day, the Miscellanies of the Hon. Daines Barrington. The family of Lawrence left Devizes in 1779, the elder Lawrence abandoning the occupation of Innkeeper, with the intenlion of sharing the fortunes of his rising son. They first went to Weymouth, which was then visited by Royalty, but met with but little encouragement. In 1782 being then only 13, he was established at Bath, and extensively occupied. Six years after- wards, he went to London, and took a house in Leicester square, near that of Sir Joshua Reynolds. At the age of 24, he was made an Academician, and finally became President of that institution. Fuseli who was in the habit of depreciating Lawrence, admitted that his mode of painting the eye had never been equalled, affirming " By Jupiter, he paints eyes better than Titian." Another of his beauties lay in the dreamy, spiritual, unutterable character of his children, notwithstanding that they are full of life and sprightliness. His imitators ill this walk, catch at the latter expression but always miss the former. THE DEVIZES. 355 The following anecdote of his boyhood appears in Williams's account of his life. Having been invited to join an evening party in Devizes, he took with him as usual, the books from which he was in the habit of reciting; having been previous- ly warned by his father to avoid a certain speech of Satan's in Milton, in which he was not considered sufficiently perfect. While going through his ex- hibition before the company, a slip of paper drop- ped from his Milton, which a gentleman picking up, read aloud. " Tom, mind you dont touch Satan." The desire to hear him on the forbidden topic was just so much the more encreased, but Tom was inexorable, and refused to advance a step tih 1 those present had offered fully to guarantee him from his father's displeasure. Whereupon the fiend was handled, and to the general satis- faction. There lived at that time a reverend gentleman at Whistley-house, who was known by the name of Dr. Kent, noted for his eccentric habits, and that he rarely stirred abroad unless mounted on a veteian white charger. One day he drew his bridle at the door of the Bear Inn, and summon- ing the Landlord, demanded to be shewn a repre- sentation of himself and horse, which he under- stood had given birth to much merriment at his expense. Mr. Lawrence expressed his entire ig- norance of the circumstance, but suspecting the truth, sent for his son, who forthwith leading his father and the Doctor up stairs, exhibited to them on the wall of one of the bedchambers, a sketch 356 HISTORY OF which both were fain to knowledge was a verita- ble likeness. The Doctor so far from entertaining any remaining resentment towards its author, led him to the shop of Mr. Burroughs (Mr. Smith's predecessor) and requested him to make choice of a variety of books, at the same time urging on his father the propriety of fostering a talent so prominently displayed. Lawrence's early pictures were executed either in crayons or water colours : two or three good specimens of this latter style may be seen in the Dulwich Gallery. A similar one was for many years in the possession of Mr. T. B. jSmith of De- vizes, being the portrait of a Miss White, of the Castle Inn, at Marlborough. At the period of the sale of Watson Taylor's effects at Stoke park, her Majesty, then the Princess Victoria, while stopping for a tew minutes at the Bear Inn Devizes, recall- ed the circumstance of its having been the scene of Sir Thomas's juvenile career, and enquiring if any of his early productions were still extant, was informed of the existence of the one in question. It was accordingly conveyed to her, and remained in her possession while the party visited Stoke. The Princess even made a copy of it just before leaving that seat in her progress to Stoneheoge. It now forms part of the royal collection, having been very recently purchased by her Majesty ; on which occasion she well remembered the circum- stances connected with her first sight of it, and al- luded to the sketch she had then taken. FINIS. APPENDIX. 357 APPENDIX The following is an abridgment of the petition of Sir Peter Vanlore's heirs relative to the notorious conspiracy to deprive them of their inheritance of the Castle and Parks of Devizes during the Protectorate. "To the Honourable the Parliament of the Commonwealth of England Ireland and Scotland The humble petition of Mary Countess of Sterling and John Blount her husband ; Sir Robert Crook knight, and Dame Susan his wife : Henry Alexander alias Zinzan, and Jacoba his wife : Sackville Glenham and Peter Glenham, all being the grand-children and right heirs of Sir Peter Vanlore the elder, and of Dame Mary Powell his daughter, (late the wife of Sir Edward Powell deceased) that is to say, daughters and heirs of Sir Peter Vanlore the younger, deceased, only son and heir of Sir Peter Vanlore the elder. SHEWETH THAT the said Peter Vanlore the elder did in his life time settle the Castle and Parks of the Devizes in Wilt- shire (worth 600 yearly) and the fifth part of divers others his manors and lands (worth 2500 yearly) upon the said Lady Powell his daughter and the heirs of her body ; and for default of such issue, the reversion of the said Castle and Parks to his own right heirs, which your petitioners are ; and entailed the said fifth part of his other manors and lands upon all your petitioners and divers other his grandchildren by name, and died ; and the said Lady Powell about the 6th day of October 1651 died without issue, and your petitioners ought to be thereby entitled to the said Castle and Parks and to proportion- able parts of the fifth part aforesaid. THAT because the said Sir Edward Powell could not prevail with his said wife (by whom he had no issue) to 358 APPENDIX. disinherit her own heirs, and settle her estates on him- self and his kindred, he threatened and in many ways abused and evil-entreated her, so that their differences becoming implacable, they lived apart, keeping each a several house for fifteen years before her death. THAT one Thomas Levingstone having married Anne Caesar alias Adelmare a neice of Lady Powell, divers unlawful means and practices were attempted by her and by Robert Levingstone) brother or kinsman of the said Thomas) and John Preston a servant, to induce Lady Powell to dispose of her estates to Anne Leving- stone, as namely, tampering with a witch, and delivery of Lady Powell's hair, and paring of her nails, to be made use of in some unlawful ways in order to obtain the ends aforesaid. Moreover the said Anne Leving- stone (being without issue) in order to interest Lady Powell in her behalf, having purchased a dead infant, did solemnly lay in therewith and sent word to her that she had been delivered of a child. But Sir Edward Powell, Thomas Levingstone and his wife all failing in their sin- gle attempts, and the Lady about the beginning of Sep- tember 1051 falling dangerously ill of the sickness where- of she soon died, at a house in Chelsea which had been * purchased by her mother the Lady Vanlore and wherein she had long lived sole and separate ; these persons to- gether with one William Hynson alias Powell (a Justice of peace in Middlesex and a nephew of Sir Edward Pow- ell) Robert Levingstone, John Preston, Adam Brown, Honour Emet, Anne Barnes and other their servants and confederates did on or about the 7th of September forcibly enter and take possession of the said house at Chelsea, to which none of them had any title, and guarded it with divers desperate persons armed with swords grena- does and pistols and hired to do execution on any that should venture to enter without leave. They chained up the doors and made shuts for the windows of the Lady's APPENDIX. 359 Chamber lest she should make her complaints known through that means. They discharged her Apothecary employed by her Physician Sir Theodore Myhern, and introduced another unacquainted with her numerous in- firmities. They caused all her servants to be arrested by the Under Sheriff of Middlesex whom they brought with them, upon false and feigned actions of many thousand pounds at the suit of Sir Edward, (which of course were never prosecuted) and though sufficient bail was offered, they refused to take it. One infirm old woman they shut up and kept close till she died, and when Mr. Under Sheriff removed the other servants, Mrs. Levingstoue cried out with great joy, " The plot hath taken The plt hath taken" THAT on the 18th of September they induced the late Judge Warburton one of the Judges of the Common Pleas, to come from London to the house, who procured the Lady (as the late Judge testifies) to levy seven seve- ral fines of the Castle and Parks and fifth part aforesaid unto one Anthony Bassett, an Apothecary, a recusant Papist, of Mrs. Levingstone's acquaintance, but a meer stranger to Lady Powell ; which fines, as the complotters affirm, were declared by some writings sealed by the lady, to the use of Sir Edward Powell, '\ homas Leving- stone and his wife. And Levinggtone at the same time framed another writing whereby as he pretends the Lady gave unto Mrs. Levingstone and her confederates, a per- sonal estate to the value of 40,000, which had belonged to your petitioners' grandfather, though it is well known that Lady Powell utterly detested Levingstone and his wife, as persons of an evil and dangerous conversation, and had been ofttimes heard to lament that Anne Le- vingstone was one of her kindred ; whereas she was heard to express herself with much affection towards the Lady Crook, saying " she must and would do well for her neice Crook who had ever been loving to her, and besides had 360 APPENDIX. many children." And the said confederates, suspecting (as they had cause) that the sudden death of the Lady Powell, who died thus imprisoned on the 6th of October, might render all their fines ineffectual, they procured by William Garner and Attorney several writs of Covenant and Dedimus protestatem for passing the said fines, to be made out with antedates of the first and second days of Trinity-term before, and made returnable the same Trinity-term. And to deprive your petitioners of all possibility of relief by writ of Error or otherwise they caused the same fines to be enrolled of record as ac- knowledged and levied in the said Trinity-term (being about four months before themselves pretend they were acknowledged) and contrary to the intent of the Statute, 23rd Elizabeth, and ancient practice ; which course is so dangerous, if admitted, as tendeth to the deceiving of all such as shall purchase land, and may tend to the disinhe- rison of many others. THAT in order to cover their wicked designs with the mask of godliness, they procured one Thorold (a seques- trated divine and a stranger to the Lady, to reside in the house; and excluded the minister of the parish, though Lady Powell much affected him, and especially his wife with whom she had lived many years in the Lady Vanlore's house. After Lady Powell's death, Tho- rold preached her funeral sermon and published from the pulpit her reconciliation with Sir Edward her hus- band, and that she had made Mrs. Levingstone her heir according to former promises. And they afterwards gratified the said Thorold for so doing. Mr. Levingstone, also wrote with his own hand a certificate of Sir Edward's kindness to his lady, to which he pretends she subscrib- ed ; though on the very day after the certificate bears date, she is known to have cried out for relief, and said that she knew they were plotting to make her disinherit her right heirs, but that she would be torn with wild APPKNDIX. 361 horses first. And this Certificate having been produced and read in the Court of Common Pleas, did appear to the Judges of so strange a nature, that they publickly told Levingstone, he had overacted his part therein. THAT the said Hynson alias Powell, and his uncle Sir Edward were bound by recognizances to some persons in trust for the Lady Powell's sole and private benefit, in the sum of 8000 with defeazance to be void by pay- ment of 4000, and that 2000 (part thereof) was to have been paid by the said Sir Edward and Mr. Hynson, (for the Lady's benefit) on the very month wherein she died thus imprisoned; by which it is evident they sought their own advantage in aiding Levingstone and his wife who have power to discharge this debt of 8000 if the writings thus unduly obtained, be upheld. Moreover the complotters had during the life time of Lady Powell, requested one Mr. Vandenbemden a grandchild inter- ested in the lands in question, to join them, but he re- fused, and conscious of their own insufficient title, they have since (by articles ready to be produced) agreed with Mr. Vandenbemden, to re -convey unto him, or to his use, his share of the lands in question. THAT your petitioners having addressed themselves unto the late Judge Warburton, to stop the passing of the fines, he had lamented to them that it was out of his power to do so now, but if he had known so much before he would not have taken them. That your petitioners therefore on the first day of the next ensuing term com- plained to the Court of Common Pleas, when the Chief Justice and Judges Paliston and Atkins, though they did vehemently express themselves against the foulness of the said practice, yet said that it was now too far proceeded in ; but that there was a Parliament then sitting that might and they believed would relieve them. Your pe- titioners did therefore address themselves unto the two late Parliaments, but both were dissolved before the re- APPENDIX. port was made, though the case had been fully heard and proved on oath. Your petitioners therefore, being the parents of above twenty children, do humbly beseech your Honours to vouchsafe them relief that the said fines may be nulled and vacated and offenders punished, to the discourage- ment of all such as may hereafter attempt a deathbed disinherison by so foul a practice." NOVEMBER 1654. Note. By old Sir Peter's settlement, Mistress Levingstone, though she hath no child, is to have a fourth of the fifth part aforesaid, although the fines be vacated. The above is extracted from the " King's Pamphlets" in the British Museum. JAMES II. AT DEVIZES. It is rather difficult to say, how much credence is to be reposed in Mr. Collins's tra- dition on this subject. None of the King's letters (at least of those in Sir John Dalrymple's Collection) are dated from Devizes. It may have been only one of his officers, here or perhaps the circumstance was connected not with Monmouth's, but the Prince of Orange's in- vasion. When the King ordered his army westward on that occasion, (Nov. 1688) it was divided into three por- tions and stationed at Marlborough, Warminster, and Salisbury. James arriving at Salisbury on the 19th and hearing that the enemy was advanced to Axminster and Chard, intended to go towards them with the regiments from Warminster, but his nose fell a bleeding the evening before he purposed starting and continuing to do so for three days, the design was abandoned and he determined on falling back towards the Capital. An order was sent to Major General Kirke then commanding at Warmins- ter, to march to Devizes and thence to secure the country towards Reading, but that officer, under some frivolous excuse neglected to execute the command, and the King in consequence instantly ordered him under arrest. The retreat was then continued to London and Windsor. LONDON : PRINTED BY J. H. STARIE, 59, MUSEUM STREET. Los Angeles This book is DUE on the last date stamped belov/. 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