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WHERE ARE THE WILLS TO BE DEPOSITED?

The difficulties thrown in the way of all literary and historical inquiries, by the peculiar constitution of the Prerogative Office, Doctors' Commons, have long been a subject of just complaint. An attempt was made by The Camden Society, in 1848, to procure their removal, by a Memorial addressed to the Archbishop of Canterbury, which we now print, because it sets forth, plainly and distinctly, the nature and extent of those difficulties.

"To the Most Rev. and the Right Hon. The Lord Archbishop of Canterbury.

"The humble Memorial of the President and Council of the Camden Society, respectfully showeth,

"That the Camden Society was instituted in the year 1838, for the publication of early historical and literary remains.

"It has the honour to be patronised by H.R.H. the Prince Albert; and has supported, from its institution, by the countenance and subscription of your Grace's predecessor in the See of Canterbury.

"The Society has published forty volumes of works relating to English History, and continues to be actively engaged in researches connected with the same important branch of literature.

"In the course of its proceedings, the Society has had brought under its notice the manner in which the regulations of the Prerogative Office in Doctors' Commons interfere with the accuracy and completeness of works in the preparation of which the Council is now engaged, and with the pursuits and labours of all other historical inquirers; and they beg leave respectfully to submit to your Grace the results of certain investigations which they have made upon the subject.

"Besides the original wills deposited in the Office of the Prerogative Court, there is kept in the same repository a long series of register books, containing copies of wills entered chronologically from A.D. 1383 to the present time. These registers or books of entry fall practically into two different divisions or classes. The earlier and the latter books contain information suited to the wants of totally different kinds of persons, and applicable to entirely different purposes. Their custody is also of very different importance to the office. The class which is first both in number of books and in importance contains entries of modern wills. These are daily consulted by relatives of testators, by claimants and solicitors, principally for legal purposes, and yield a large revenue to the office in fees paid for searches, inspections, and copies. The second class, which comprises a comparatively small number of volumes, contains entries of ancient wills, dated before the period during which wills are now useful for legal purposes. These are never consulted by lawyers or claimants, nor do they yield any revenue to the office, save an occasional small receipt from the Camden Society, or from some similar body, or private literary inquirer.

"With respect to the original wills, and the entries of modern wills, your memorialists beg to express clearly that this application is not designed to have any reference to them. Your memorialists confine their remarks exclusively to the books of entries of those ancient wills which have long and unquestionably ceased to be useful for legal purposes.

"These entries of ancient wills are of the very highest importance to historical inquirers. They abound with illustrations of manners and customs; they exhibit in the most authentic way the state of religion, the condition of the various classes of the people, and of society in general; they are invaluable to the lexicographer, the genealogist, the topographer, the biographer,—to historical writers of every order and kind. They constitute the most important depository in existence of exact information relating to events and persons of the period to which they relate.

"But all this information is unavailable in consequence of the regulations of the office in which the wills are kept. All the books of entry, both of ancient and modern wills, are kept together, and can only be consulted in the same department of the same office, in the same manner and subject to precisely the same restrictions and the same payments. No distinction is made between the fees to be paid by a literary person who wishes to make a few notes from wills, perhaps three or four hundred years old, in order to rectify a fact, a name, a date, or to establish the proper place of a descent in a pedigree, or the exact meaning of a doubtful word, and the fees to be paid by the person who wants a copy of a will proved yesterday as evidence of a right to property perhaps to be established in a court of justice. No extract is allowed to be made, not even of a word or a date, except the names of the executors and the date of the will. Printed statements in historical books, which refer to wills, may not be compared with the wills as entered; even ancient copies of wills handed down for many generations in the families of the testators, may not be examined in the registered wills without paying the office for making new and entire copies.

"No such restrictions exclude literary inquirers from the British Museum, where there are papers equally valuable. The Public Record Offices are all open, either gratuitously or upon payment of easy fees. The Secretary of State for the Home Department grants permission of access to her Majesty's State Paper Office. Your Grace's predecessor gave the Camden Society free access to the registers of wills at Lambeth—documents exactly similar to those at Doctors' Commons. The Prerogative Office is, probably, the only public office in the kingdom which is shut against literary inquirers.

"The results of such regulations are obvious. The ancient wills at Doctors' Commons not being accessible to those to whom alone they are useful, yield scarcely any fees to the office; historical inquirers are discouraged; errors remain uncorrected; statements of facts in historical works are obliged to be left uncertain and incomplete; the researches of the Camden Society and other similar societies are thwarted; and all historical inquirers regard the condition of the Prerogative Office as a great literary grievance.

"The President and Council of the Camden Society respectfully submit these circumstances to your Grace with a full persuasion that nothing which relates to the welfare of English historical literature can be uninteresting either to your Grace personally, or to the Church over which you preside; and they humbly pray your Grace that such changes may be made in the regulations of the Prerogative Office as may assimilate its practice to that of the Public Record Office, so far as regards the inspection of the books of entry of ancient wills, or that such other remedy may be applied to the inconveniences now stated as to your Grace may seem fit.

"(Signed) Braybrooke, President.

Thomas Amyot, Director.

Henry Ellis.

J. Payne Collier, Treas.

Harry Verney.

H. H. Milman.

Joseph Hunter.

William J. Thoms, Sec.

Chs. Purton Cooper.

Thos. Stapleton.

Wm. Durrant Cooper.

Peter Levesque.

Thos. J. Pettigrew.

John Bruce.

Beriah Botfield.

Bolton Corney.

25. Parliament Street, Westminster,

13 April, 1848."

As the Archbishop stated his inability to afford any relief, The Camden Society availed themselves of the appointment of the Commission to inquire into the Law and Jurisdiction of the Ecclesiastical and other Courts in relation to Matters Testamentary, to address to those Commissioners, in the month of January, 1853, a Memorial, of which the following is a copy:

"To the Right Honourable and Honourable the Commissioners appointed by Her Majesty to inquire into the Law and Jurisdiction of the Ecclesiastical and other Courts in relation to Matters Testamentary.

"My Lords and Gentlemen,

"We, the undersigned, being the President and Council of the Camden Society, for the Publication of Early Historical and Literary Remains, beg to submit to your consideration a copy of a Memorial presented on the 13th April, 1848, by the President and then Council of this Society, to his Grace the Archbishop of Canterbury, praying that such changes might be made in the regulations of the Prerogative Office as might assimilate its practice to that of the Public Record Office, so far as regards the inspection of the books of entry of ancient Wills, or that such other remedy might be applied to the inconveniences stated in that Memorial as to his Grace might seem fit.

"In reply to that Memorial his Grace was pleased to inform the Memorialists that he had no control whatever over the fees taken in the Prerogative Office.

"The Memorialists had not adopted the course of applying to his Grace the Archbishop until they had in vain endeavoured to obtain from the authorities of the Prerogative Office, Messrs. Dyneley, Iggulden, and Gostling, some modification of their rules in favour of literary inquirers. The answer of his Grace the Archbishop left them, therefore without present remedy.

"The grievance complained of continues entirely unaltered up to the present time.

"In all other public repositories to which in the course of our inquiries we have had occasion to apply, we have found a general and predominant feeling of the national importance of the cultivation of literature, and especially of that branch of it which relates to the past history of our own country. Every one seems heartily willing to promote historical inquiries. The Public Record Offices are now opened to persons engaged in literary pursuits by arrangements of the most satisfactory and liberal character. His Grace the Archbishop of Canterbury gives permission to literary men to search such of the early registers of his See as are in his own possession at Lambeth. Access is given to the registers of the Bishop of London; and throughout the kingdom private persons having in their possession historical documents are almost without exception not only willing but anxious to assist our inquiries. The authorities of the Prerogative Office in Doctors' Commons, perhaps, stand alone in their total want of sympathy with literature, and in their exclusion of literary inquirers by stringent rules, harshly, and in some instances even offensively, enforced.

"We have the honour to be,

"My Lords and Gentlemen,

"Your most obedient and very humble servants,

(Signed) Braybrooke, President.

John Bruce, Director.

C. Purton Cooper.

J. Payne Collier, Treas.

W. R. Drake.

Edwd. Foss.

Peter Levesque.

Strangford.

W. H. Blaauw.

W. Durrant Cooper.

Bolton Corney.

Henry Ellis.

Lambert B. Larking.

Fredk. Ouvry.

Wm. J. Thoms, Sec.

25. Parliament Street, Westminster,

January, 1853."

A Report from that Commission has been laid before Parliament; and a Bill for carrying into effect the recommendations contained in such Report, and transferring the powers of the Prerogative Court to the Court of Chancery, has been introduced into the House of Lords. The Bill contains no specific enactments as to the custody of the Wills.

Now, therefore, is the time for all who are interested in Historical Truth to use their best endeavours to procure the insertion of such clauses as shall place the Wills under the same custody as the other Judicial Records of the country, namely, that of Her Majesty's Keeper of Records.

With Literature represented in the House of Lords by a Brougham and a Campbell, in the Commons by a Macaulay, a Bulwer, and a D'Israeli, let but the real state of the case be once made public, and we have no fear but that the interests of English Historical Literature will be cared for and maintained.

Notes.

"J. R. OF CORK."

My gifted and lamented countryman "The Roscoe of Cork"^[1] deserves more notice in these pages, which he has enriched by his contributions, than the handsome obituary of our Editor (Vol. vii., p. 394.); so a few words is with reference to him may be acceptable.

Mr. James Roche was born in Limerick some eighty-three years ago, of an ancient and wealthy family. At an early period of his life he was sent to France, and educated in the Catholic College of Saintes. After completing his studies, and paying a short visit to Ireland, he settled in Bordeaux, where he became acquainted with the most distinguished leaders of the Girondists.

Mr. Roche was in Paris during the horrors of the first Revolution, and in 1793 was arrested there as a British subject, but was released on the death of Robespierre. For some years after his liberation, he passed his time between Paris and Bordeaux. At the close of the last century, he returned to Ireland; and commenced business in Cork as a banker, in partnership with his brother. He resided in a handsome country seat near the river Lee, and there amassed a splendid library.

About the year 1816, a relative of mine, a wealthy banker in the same city, got into difficulties, and met with the kindest assistance from Mr. Roche. In 1819 his own troubles came on, and a monetary crisis ruined him as well as many others. All his property was sold, and his books were brought to the hammer, excepting a few with which his creditors presented him. I have often tried, but without success, to get a copy of the auction catalogue, which contained many curious lots,—amongst others, I am informed, Swift's own annotated copy of Gulliver's Travels, which Mr. Roche purchased in Cork for a few pence, but which produced pounds at the sale. Mr. Roche, after this, resided for some time in London as parliamentary agent. He also spent several years in Paris, and witnessed the revolution of 1830. Eventually he returned to Cork, where he performed the duties of a magistrate and director of the National Bank, until his death in the early part of 1853.

Mr. Roche was intimately acquainted with many of the great men and events of his time, especially with everything concerning modern French history and literature.

Mr. Roche was remarkable for accurate scholarship and extensive learning: the affability of his manners, and the earnestly-religious tone of his mind, enhanced his varied accomplishments.

For a number of years he contributed largely to various periodicals, such as the Gentleman's Magazine, the Dublin Review, and the Literary Gazette; and the signature of "J. R. of Cork" was welcome to all, while it puzzled many.

In 1851 he printed for private circulation, Essays Critical and Miscellaneous, by an Octogenarian, 2 vols.; printed by G. Nash, Cork. Some of these Essays are reprints, others are printed for the first time. The work was reviewed in the Dublin Review for October, 1851.

A "Sketch of J. R. of Cork" was published in July, 1848, in Duffy's Irish Catholic Magazine, which I have made use of in this Note. My object in the present Note is to suggest that Mr. Roche's Reminiscences and Essays should be given to the public, from whom I am well assured they would receive a hearty welcome.

Eirionnach.

MARMORTINTO, OR SAND-PAINTING.

There appeared in a late number of The Family Friend, an article on the above process. The writer attributes its invention to Benjamin Zobel of Bavaria; and states, that although some few persons have attempted its revival, in no instance has success attended such efforts. This is not correct. There was a German confectioner to King George III. whom I knew well. His name was Haas; and those acquainted with Bristol will recollect his well-frequented shop, nearly opposite the drawbridge on the way to College Green, where he resided forty years ago, after retiring from his employment at Court. There he was often engaged in decorating ceilings, lying on his back for weeks together on a scaffold for the purpose. He also ornamented the plateaus for the royal table; and he understood the art of sand-painting, and practised it in the highest perfection. Whether he preceded Zobel, or came after him, at Windsor Castle, I cannot tell; but I can testify that he was perfect master of the art in question. I have seen him at work upon his sand-pictures. He had the marble dust of every gradation of colour in a large box, divided into small compartments; and he applied it to the picture by dropping it from small cones of paper.

The article in The Family Friend describes the process of Zobel to have consisted of a previous coating of the panel for the picture with a glutinous solution, over which the marble dust was strewed from a piece of cord. Haas used small cones of paper; and my impression from seeing him at work was, that he sprinkled the sand on the dry panel, and fixed the whole finally at once by some process which he kept a secret. For I remember how careful he was to prevent the window or door from being opened, so as to cause a draught, before he had fixed his picture; and I have heard him lament the misfortune of having had one or two pictures blown away in this manner.

The effect of his sand-pictures was extraordinary. They stood out in bold relief, and with a brilliancy far surpassing any oil painting. As may be supposed, this style of painting was particularly adapted for landscapes and rocky scenery; and it enabled the artist to finish foliage with a richness which nothing could surpass. Mr. Haas' collection of his sand-paintings was a rich treat to inspect. After his death, they were sold and dispersed; but many must be found in the collections of gentlemen in Bristol and its neighbourhood.

F. C. H.

THE SOLDIER'S DISCIPLINE, FROM A BROADSIDE OF THE YEAR 1642.

"The Grounds of Military Discipline: or, Certain Brief Rules for the Exercising of a Company or Squadron.