Chapter 3

This injunction was, I take it, the origin of the licensing of the press of this country. On the 23d June, 28 Eliz. 1586 (not 1585, as in Strype), {426} Archbishop Whitgift and the Lords of the Privy Council in the Star Chamber made rules and ordinances for redressing abuses in printing. No printing-press was to be allowed elsewhere than in London (except one in each University); and no book was to be printed until first seen and perused by the Archbishop of Canterbury or Bishop of London; with an exception in favour of the queen's printer, and books of the common law, which were to be allowed by the Chief Justices and Chief Baron, or one of them. Extensive and arbitrary powers of search for unlicensed books and presses were also given to the wardens of the Stationers' Company. (Strype's _Life of Archbishop Whitgift_, 222.; Records, No.XXIV.) On the 1st July, 1637, another decree of a similar character was made by the Court of Star Chamber. (Rushworth's _Historical Collections_, Part ii. p.450.) The Long Parliament, although it dissolved the Star Chamber, seems to have had no more enlightened views as respects the freedom of the press than Queen Elizabeth or the Archbishops Whitgift and Laud; for on the 14th June, 1643, the two Houses made an ordinance prohibiting the printing of any order or declaration of either House, without order of one or both Houses; or the printing or sale of any book, pamphlet, or paper, unless the same were approved and licensed under the hands of such persons as both or either House should appoint for licensing the same. (_Parliamentary History_, xii. 298.) The names of the licensers appointed are given in Neal's _History of the Puritans_ (ed. 1837, ii. 205.). It was this ordinance which occasioned the publication, in or about 1644, of Milton's most noble defence of the liberty of the press, entitled _Areopagitica; a Speech for the Liberty of unlicensed Printing, To the Parliament of England_. After setting out certain Italian imprimaturs, he remarks:

"These are the pretty responsories, these are the dear antiphonies that so bewitched of late our prelates and their chaplains with the godly echo they made and besotted, as to the gay imitation of a lordly imprimatur, one from Lambeth House, another from the west end of Paul's; so apishly romanising, that the word of command still was set down in Latin, as if the learned grammatical pen that wrote it would cast no ink without Latin; or, perhaps, as they thought, because no vulgar tongue was worthy to express the pure conceit of an imprimatur; but rather, as I hope, for that our English, the language of men ever famous and foremost in the achievements of liberty, will not easily find servile letters enow to spell such a dictatory presumption englished."

On the 28th September, 1647, the Lords and Commons passed a still more severe ordinance, which imposed pains and penalties on all persons printing, publishing, selling, or uttering any book, pamphlet, treatise, ballad, libel, or sheet of news, without the licence of both, or either House of Parliament, or such persons as should be thereunto authorised by one or both Houses. Offending hawkers, pedlars, and ballad-chappers were to be whipped as common rogues. (_Parliamentary History_, xvi. 309.) We get some insight into the probable cause of this ordinance from a letter of Sir Thomas Fairfax to the Earl of Manchester, dated "Putney, 20th Sept., 1647." He complains of some printed pamphlets, very scandalous and abusive, to the army in particular, and the whole kingdom in general; and expresses his desire that these, and all of the like nature, might be suppressed for the future. In order, however, to satisfy the kingdom's expectation for intelligence, he advises that, till a firm peace be settled, two or three sheets might be permitted to come out weekly, which might be licensed; and as Mr. Mabbott had approved himself faithful in that service of licensing, and likewise in the service of the House and the army, he requested that he might be continued in the said place of licenser. (_Lords' Journals_, ix. 457.) Gilbert Mabbott was accordingly appointed licenser of such weekly papers as should be printed, but resigned the situation 22nd May, 1649. (_Commons' Journals_, vi. 214.) It seems he had conscientious objections to the service, for elsewhere it is recorded, under the same date, "Upon Mr. Mabbott's desire and reasons against licensing of books to be printed, he was discharged of that imployment." (Whitelock's _Memorials_, 389.) On the 20th September, 1649, was passed a parliamentary ordinance prohibiting printing elsewhere than in London, the two Universities, York, and Finsbury, without the licence of the Council of State (Scobell's _Ordinances_, Part ii. 90.); and on the 7th January, 1652-3, the Parliament passed another ordinance for the suppression of unlicensed and scandalous books. (Scobell's _Ordinances_, Part ii. 231.) In 1661 a bill for the regulation of printing passed the Lords, but was rejected by the Commons on account of the peers having inserted a clause exempting their own houses from search; but in 1662 was passed the statute 13 & 14 Car. II. c. 33., which required all books to be licensed as follows:--Law books by the Lord Chancellor, or one of the Chief Justices, or Chief Baron; books of history and state, by one of the Secretaries of State; of heraldry, by the Earl Marshal, or the King-at-Arms; of divinity, physic, philosophy, or whatsoever other science or art, by the Archbishop of Canterbury or the Bishop of London: or if printed at either University, by the chancellor thereof. The number of master printers (exclusive of the king's printers and the printers of the Universities) was to be reduced to twenty, and then vacancies were to be filled up by the Archbishop of Canterbury and Bishop of London, and printing was not to be allowed elsewhere than in London, York (where the Archbishop of York was to license all books), {427} and the two Universities. This Act was to continue for two years, from 10th June, 1662. It was renewed by the 16 Car. II. c. 8.; 16 & 17 Car. II. c. 7.; and 17 Car. II. c. 4., and expired on the 26th May, 1679,--a day rendered ever memorable by the passing of the Habeas Corpus Act: but in less than a year afterwards the judges unanimously advised the king that he might by law prohibit the printing and publishing of all news-books and pamphlets of news not licensed by His Majesty's authority; and accordingly on the 17th May, 1680, appeared in the _Gazette_ a proclamation restraining the printing of such books and pamphlets without license. The Act of 1662 was revived for seven years, from 24th June, 1685, by 1 Jac. II. c. 17. s. 15., and, even after the Revolution, was continued for a year longer by 4 & 5 Wm. and Mary, c. 24. s. 14. When that year expired, the press of England became free; but on the 1st of April, 1697, the House of Commons, after passing a vote against John Salusbury, printer of the _Flying Post_, for a paragraph inserted in that journal tending to destroy the credit and currency of Exchequer Bills, ordered that leave should be given to bring in a bill to prevent the writing, printing, and publishing any news without licence. Mr. Poultney accordingly presented such a bill on the 3rd of April. It was read a first time; but a motion to read it a second time was negatived. (_Commons' Journals_, xi. 765. 767.) This attempt again to shackle the press seems to have occasioned

"A Letter to a Member of Parliament showing that a restraint on the Press is inconsistent with the Protestant Religion and dangerous to the Liberties of the Nation." Printed 1697, and reprinted in Cobbett's _Parliamentary History_, v. App. p. cxxx.

C.H. COOPER.

Cambridge, October 29. 1850.

* * * * *

REMAINS OF JAMES II.

(Vol. ii., pp. 243. 281.)

To the information which has recently been furnished in your pages respecting the remains of James II., it may be not uninteresting to add the inscription which is on his monument in the church of St. Germain-en-Laye, and which I copied, on occasion of my last visit to France.

The body of the king, or a considerable portion of it, which had remained unburied, was, I believe, interred at St. Germain soon after the termination of the war in 1814; but it being necessary to rebuild the church, the remains were exhumed and re-interred in 1824. Vicissitudes as strange in death as in life seem to have attended this unhappy king.

The following is the inscription _now_ on his monument in the parish church of St. Germain:

"REGIO CINERI PIETAS REGIA.

"Ferale quisquis hoc monumentum suspicis Rerum humanarum vices meditare Magnus in prosperis in adversis major Jacobus 2. Anglorum Rex. Insignes ærumnas dolendaque nimium fata Pio placidoque obitu exsolvit in hac urbe Die 16. Septemb. anni 1701. Et nobiliores quædam corporis ejus partes Hic reconditæ asservantur."

* * * * *

Qui prius augustâ gestabat fronte coronam Exiguâ nunc pulvereus requiescit in urnâ Quid solium--quid et alta juvant! terit omnia lethum, Verum laus fidei ac morum haud peritura manebit Tu quoque summe Deus regem quem regius hospes Infaustum excepit tecum regnare jubebis."

But a different inscription formerly was placed over the king's remains in this church, which has now disappeared; at all events, I could not discover it; and I suppose that the foregoing was preferred and substituted for that, a copy of which I subjoin:

"D.O.M. Jussu Georgii IV. Magnæ Britanniæ &c., Regis, et curante Equite exc. Carolo Stuart Regis Britanniæ Legato, cæteris antea rite peractis et quo decet honore in stirpem Regiam hic nuper effossæ reconditæ sunt Reliquiæ Jacobi II., qui in secundo civitatis gradu clarus triumphis in primo infelicior, post varios fortunæ casus in spem melioris vitæ et beatæ resurrectionis hic quievit in Domino, anno MDCCI, v. idus Septemb., MDCCCXXIV."

At the foot of the monument were the words--

"Depouilles mortelles de Jacques 2. Roi d'Angleterre."

A third monumental inscription to the memory of James II., in Latin, is to be seen in the chapel of the Scotch College in Paris. This memorial was erected in 1703, by James, Duke of Perth. An urn, containing the brains of the king, formerly stood on the top of it. A copy of this inscription is preserved in the _Collectanea Topographica et Genealogica_, vol. vii.

J. REYNELL WREFORD, D.D.

Bristol, November 8. 1850.

* * * * *

JUDGE CRADOCK.

My transplantation from Gloucester to Devonshire, and the consequent unapproachable state of my books, prevents my referring to authorities at the moment in support of what I have said about the arms of Judge Cradock _alias_ Newton: still I wish to notice the subject at once that I may not appear to shrink from the Query of S.A.Y. (Vol. ii., p. 371.)

I happen to have at hand a copy of the Grant {428} of Arms to Sir John of East Harptree, Somerset, in 1567 in which, on the authority of the heralds of the day, arg. on a chevron az. 3 garbs or, are granted to him in the first quarter as the arms of Robert Cradock _alias_ Newton. The Judge seems to have been the first of the family who dropped the name of Cradock. His forefathers, for several generations (from Howel ap Grononye, who was Lord of Newton, in Rouse or Trenewith, in Poursland), went by the name of Cradog Dom. de Newton.

Robert Cradock, mentioned in the Grant I have quoted, married Margaret Sherborne. He was the Judge's great-great-grandfather. Sir John Newton, to whom the grant was made, lies buried at East Harptree; and on his tomb may be seen (besides his effigies as large as life) the twelve quarterings in their original (?) blazoning, impaled with those of his wife, one of the Pointz family. The same arms (of Newton) are still discernible on a beautifully wrought, though now much mutilated shield, over one of the doors of Barres Court, at East Hanham, in Bitton, Gloucestershire, where Newton also had a residence, where John Leland on his itinerary visited him, and says (_Itin._ vol. vii. p. 87.) "his very propre name is Caradoc," &c. This property Newton inherited as a descendant from the De Bittons or Button (through Hampton), a family of great note in their day, and residents on the site of Barres Court, a "fayr manner place of stone," which evidently took its name from Sir John Barre, who married Joan, the relict of Robert Greyndon, and daughter of Thomas Roug by Catherine, who was the last heiress of that branch of De Bittons--(she died 1485, and is buried with her first husband at Newlond). Of the same family were the three bishops of that name, in the reigns of the early Edwards; one of which, _Thomas_, Bishop of Exeter in 1299, was the pious founder of a chantry chapel adjoining Bitton Church, over the bodies of his father and another, who were buried there; the building itself is quite an architectural gem. The said bishop must also have resided there, for in 1287, when Dean of Wells, the Lord of the Manor of that part of Bitton where his estate lay, impounded some of his cattle, and had a trial thereon at Gloucester, as appears by a Placite Roll of that date.

I send you a copy of the Grant of Arms, as it may be interesting, to publish--besides, it is a reply to the latter part of S.A.Y.'s Query. It is copied from the Ashmol. MSS. No. 834. p. 34.

Of the Newtons of Yorkshire I know nothing; but if S.A.Y. wishes to question me further, I shall be happy to receive his communication under his own proper sign-manual.

In Nichols' _Leicestershire_, vol. iv. pt. 2. p. 807., is a pedigree of Cradock bearing the same arms, and it is there laid down that Howel ap Gronow was slain by the French in 1096, and buried at Llandilo Vawr; also that the Judge was called Newton from his birth-place. (It is in Montgomeryshire, I believe.) Matthew Cradock, who lies in Swansea Church, bore different arms.

"To all and singular as well nobles and gentills as others to whom these presents shall come, we, Sir Gilbert Dethicke, knight, alias Garter, principall kinge of armes for the Order of the Garter, Robte. Cooke, alias Clarenciault, kinge of armes of the south, William Flower alias Norroy, kinge of armes of the northe, and all others the hereauldes of armes send humble commendacion and gretinge: that whereas we being required by Sir John Newton, of Richmond Castill, in the countie of Somersett, knight, to make serche for the ancient armes descendinge to him from his ancetors [sic], at whose requeste we, the said kinges and hereauldes of armes have not only made diligent serche in our regesters, but also therewithall perused diverse of his ancient evidence and other monumentes, whereuppon we doe fynd that the said Sir John Newton, knight, maye beare twelve severall cotes, that is to say, the armes of Robte. Cradocke alias Newton, the armes of Robte. Sherborne, the arms of Steven Angle, the armes of Steven Pirot, the armes of John Harvie, the armes of Sir John Sheder, knight, the armes of Richard Hampton, the armes of Sir John Bitton, knight, the armes of Sir Matthewe Ffurneault, knight, the armes of Walter Cawdecot, the armes of Sir Aunsell Corney, knight, and the armes of Sir Henry Harterie, knight. All which armes doth plainlie appere depicted in the Margent; and for that the said Sir John Newton is yncertaine of any creaste which he ought to beare by his owne proper name, he therefore hath also required vs, the said kings and hereauldes of armes, to assigne and confirme vnto him and his posteritie for ever, the creaste of Sir Auncell Corney, knight, which Sir Auncell Corney, as it doth appere by divers ancient evidence and other monuments of the said Sir John Newton, was at the winnynge of Acom with Kinge Richard the First, where he toke prisoner a kinge of the Mores: and farther, the said Sir John Newton, knight, hath made goode proofe for the bearinge of the same creaste, that the heires male of the said Sir Auncell Corney is extingueshed, and the heires generall do only remaine in him. In consideracion whereof wee, the said kinges and herehauldes of arms, do give, confirme, and grant vnto the said Sir John Newton and his posteritie for ever, the said creaste of Sir Auncell Corney, knight, that is to say, vppon his helme on a torce silver and asure, a kinge of the Mores armed in male, crowned gold, knelinge vpon his left knee rendring vppe his sworde, as more plainly aperith depicted in this Margent, to have and to horold the said creast to him and his posteretie, with there due difference to vse, beare, and show in shelde, cote armour, or otherwise, for ever, at his or their libertie and pleasure, without impediment, let, or interruption of any parson or parsons. In witnesse whereof we, the said hinges and hereauldes of arms, have caused these letters to be made patentes, and set herevnto our common seale of corporation, given at the office of arms in London, the twelvethe of December, and in the tenthe yeare of the reigne of our sovereign {429} ladie Elizabeth, by the grace of God Queene of England, France and Ireland, defender of the faithe," &c.

H.T. ELLACOMBE.

Clyst St George, Nov. 4. 1850.

_Cradock_--I should like to know whether the MSS. of Randle Holme, of Chester, 1670, which afterwards were penes Dr. Latham, are still accessible? Nichols refers to them as his authority for Cradock's pedigree, as laid down in his _Leicestershire_ (vol. iv. part ii. p. 807.).

H.T.E.

* * * * *

REPLIES TO MINOR QUERIES.

REPLIES BY GEORGE STEPHENS.

I beg to encloze ðe following scraps, purposely written on slips, ðat ðe one may be destroyed and not ðe oðer if you should þink fit so to do, and for eaze ov printing.

Pleaze to respect my orþography--a _beginning_ to a better system--if you can and will. Ðe types required will only be ðe Ð, ð, and Þ, þ, ov our noble Anglo-Saxon moðer-tongue, letterz in common use almost down to ðe time ov _Shakspeare_!

If you _will_ not be charmed, ov course you are at liberty to change it.

I have a large work in ðe press (translationz from ðe A.-Saxon) printed entirely in ðis orþography.

GEORGE STEPHENS.

Stockholm.

[Even our respect for Mr. Stephens' well-known scholarship, fails to remove our prejudices in favour of the ordinary system of orthography.]

_On a Passage in "The Tempest"_ (Vol. ii., pp. 259. 299. 337.).--Will you allow me to suggest that the reading of the original edition is perfectly correct as it stands, as will be seen by simply italicising the emphatic words:--

"_Most_ busie _least_, when I doe it."

The construction is thus merely an instance of a common ellipsis (here of the word _busy_), and requires the comma after _least_. This is another proof of the advantage of being slow to abandon primitive texts.

GEORGE STEPHENS.

_Saint, Legend of a_ (Vol. ii., pp. 267.).--The circumstance alluded to is perhaps that in the legend of _St. Patrick_. It was included by Voragine in his life of that saint. See the "Golden Legend" in init.

GEORGE STEPHENS.

_Cupid and Psyche_ (Vol. ii., pp. 247.).--This is probably an old _Folk-tale_, originally perhaps an antique philosophical temple-allegory. Apuleius appears only to have dressed it up in a new shape. The tale is still current, but in a form _not_ derived from him, among the _Swedes_, _Norwegians_, _Danes_, _Scots_, _Germans_, _French_, _Wallachians_, _Italians_, and _Hindoos_. See _Svenska Folk-sagor och Afventyr, efter muntlig Ofverlemning samlade och utgifna of G.O.H. Cavallius och G. Stephens_, vol. i. (Stockholm, 1844-9), p. 323.

GEORGE STEPHENS.

_Kongs Skuggsia_ (Vol. ii., pp 296. 335.).--This noble monument of Old Norse literature was written at the close of the twelfth century by a Norwegian of high rank, but who expresses his resolution to remain unknown, in which he has perfectly succeeded. He probably resided near Trondhjem. See, for other information, the preface to the last excellent edition lately published by _Keyser_, _Munch_, and _Unger_, as follows:--

"Speculum Regale Konungs-Skuggsjá Konge-Speilet et philosophisk-didaktisk Skrift, forfattet i Norge mod slutningen af det tolfte aarhundrede. Tilligemed et samtidigt Skrift om den norske kirkes Stilling til Statem. Med to lithographerede Blade Facsimile-Aftryck."--Christiana, 1848. 8vo.

GEORGE STEPHENS.

Stockholm.

_The disputed Passage in the "Tempest"_ (Vol. ii., pp. 259. 299. 337.).--I am the "COMMA" which MR. COLLIER claims the merit of having removed, and I humbly protest against the removal. I adhere to the reading of the folio of 1632, except that I would strike out the final _s_ in labours. The passage would then read:

"But these sweet thoughts so refresh my labour Most busy least, when I do it."

That is, the thoughts so refresh my labour, that I am "most busy least" (an emphatic way of saying least busy), "when I do it," to wit, the labour. MR. HICKSON is ingenious, but he takes no notice of--

COMMA.

_Viscount Castlecomer_ (Vol. ii., p. 376.).--S.A.Y. asks whether Lord Deputy Wandesford (not Wanderforde) "ever took up this title, and what became of it afterwards?" He never did; for on the receipt of the patent, in the summer of 1640, Wandesford exclaimed, "Is this a time for a faithful subject to be exalted, when his king, the fountain of honours, is likely to be reduced lower than ever." A few months afterwards he died of a broken heart. We are told that he concealed the patent, and his grandson was the first of the family--apparently by a fresh creation in 1706--who assumed the title. The neglect of sixty-six years, perhaps, rendered this necessary: Beatson does not notice the first creation. The life of this active and useful statesman, the friend and relative of Strafford, was compiled from his daughter's papers, by his descendant, Thomas Comber, LL.D. Of this work Dr. Whitaker availed himself in the very interesting memoir which he has given of the Lord Deputy, in his _History of Richmondshire_, written, as we may suppose it would be by so devoted {430} an admirer of Charles I., with the warmest feelings of respect and admiration.

"The death of my cousin Wandesford," said Lord Strafford, "more affects me than the prospect of my own; for in him is lost the richest magazine of learning, wisdom, and piety that these times could boast."

J.H.M.

Bath.

_Steele's Burial-place_ (Vol. ii., pp. 375, 441.).--I have been able to get the following particulars respecting Steele's burial-place. Steele was buried in the chancel of St. Peter's church, Caermarthen. The entry stands thus in the Register:--

"1729. "Sep. 4. Sr Richard Steel."

There is no monument to his memory in St. Peter's Church; but in Llangunnor church, about two miles from Caermarthen, there is a plain monumental tablet with the following inscription:--

"This stone was erected at the instance of William Williams, of Ivy Tower, owner of Penddaylwn Vawr, in Llangunnor; part of the estate there once belonging to the deservedly celebrated Sir Richard Steele, knight, chief author of the essays named Tatlers, Guardians, and Spectators; and he wrote The Christian Hero, The Englishman, and The Crisis, The Conscious Lovers, and other fine plays. He represented several places in parliament; was a staunch and able patriot; finally, an incomparable writer on morality and Christianity. Hence the ensuing lines in a poem, called The Head of the Rock:--