like the present property and income-tax, and its machinery of
commissioners, assessors, &c., was also very similar. The commissioners
for the county of Worcester were--"Sir Thomas Rous, Baronet, John
Wilde, sergeant-at-law, Major-General James Berrey, Wil. Lygon, John
Egiocke, Edw. Pit, Hen. Bromley of Holt, Rich. Grevis, Nicholas
Lechmere, Gervase Buck, Wil. Geffreys, Joh. Corbet, Henry Bromley of
Upton, Edw. Dingley, Charles Cornwallis, Nich. Acton, Rich. Foley,
Walter Savage of Broadway, John Bridges, Richard Vernon, Thomas Foley,
Thomas Milward, Talbot Badger, Thomas Tolley, John Latham, John Fownes,
Theophilus Andrews, William Collins, Esquires; Thomas Young, Edmund
Gyles, Edw. Moore, Nicholas Harris, Nicholas Blick, John Corbyn, John
Baker, Gentn.; the Mayor of Evesham, Bayliff of Bewdley, and Bayliff
of Kidderminster, for the time being; Edmund Gyles, one of the
Masters of the Chancery, Walter Gyles, Thomas Symonds of Peershore,
Gentlemen; John Nanfan, Edward Salwey, Esquires. For the city of
Worcester--Major-General James Berry, Edmund Pit, John Nash, Edward
Elvins, Henry Ford, Francis Frank, Aldermen; Gervase Buck, Thomas Hall,
Esquires; Capt. Thomas Wells; Richard Henning, Anthony Careless, John
Higgins, William Cheatle, Arthur Lloid, Thomas Harrison, John Philips,
Thomas Baker the Elder, Foulk Estop, Richard Ince, Robert Gorl, Gentn.;
Edmund Gyles, one of the Masters of the Chancery; Wil. Collins, Esq.;
Tho. Hackett, Alderman." To this tax the county of Worcester was to
contribute £1013. 6s. 8d. per month, and the city of Worcester £53. 6s.
8d. per month, the value of the money in each case being then about
ten times as much as it is now, as farms which were then let for £100
a year are now let for nearly £1000. The ordinance by which this tax
was imposed is the ordinance of the Parliament, chapter 12, of the year
1656.
GRAVEYARD PUNNING.
Specimens of punning are sometimes to be met with in our churches,
and they will be found chiefly to belong to the seventeenth century,
when all kinds of odd conceits and frippery in language abounded. In
Eldersfield church, the widow of "William Helme, gentleman," thus
laments his loss:
"My ship, long on the seas of this world tost,
Of _helme_ bereav'd, lo here is sunk at last."
King's Norton church contains a monument to "Richard Greves, of
Moseley, Knight," part of which is made of touchstone, and the
inscription is in gold letters, concluding thus:
"Wherefore his name hath broke detraction's fetters,
And well abides the _touch_ in _golden letters_."
Affixed to the principal porch of Bromsgrove church is a dial, at the
bottom of which are the words "We shall;" the constructors of the
instrument having left its name to complete the sentence, thus: "We
shall (_dial_) die all." An excruciating pun, forsooth.
In Ledbury church is an inscription to one Charles Godwin and his wife,
ending--
"_Godwyn_ the one; _God-won_ the other."
KNIGHTS OF THE ROYAL OAK.
This order was intended by King Charles II as a reward to several of
his followers, and the Knights of it were to wear a silver medal with a
device of the King in the oak, pendant to a ribbon about their necks;
but it was thought proper to lay it aside, lest it might create heats
and animosities, and open those wounds afresh which at that time were
thought prudent should be healed. There is, however, a manuscript in
the handwriting of Peter Le Neve, Esq., Norroy King of Arms, the title
of which is "A list of persons who were fit and qualified to be made
Knights of the Royal Oak, with the value of their estates. Anno Domino
1660." This list contains the name of Baronets, Knights, and Esquires,
with the value of their estates, and embraces every county of England
and Wales. The list, so far as it relates to Worcestershire, is as
follows:
Per ann.
Sir William Russell, Knight and Bart. £3,000
Sir Henry Littleton, Knight and Bart., of Frankley. 3,000
Samuel Sandys, Esq., of Umbersley 1,000
Sherrington Talbott, Esq. 1,000
Thomas Savage, of Elmley Castle, Esq. 800
---- Sheldon, of Broadway, Esq. 600
Mathew Morphew, Esq. 1,000
Major Thomas Weld, Esq. 600
Thomas Acton, Esq. 1,000
Sir Rowland Berkley, Knight 1,000
Henry Bromley, Esq. 1,000
Philip Brace, Esq. 600
Francis Sheldon, Esq. 600
Joseph Walsh, Esq. 1,000
Sir Joseph Woodford, Knight 2,000
Thomas Child, Esq. 2,000
WORCESTERSHIRE MAGISTRATES IN 1483.
The following are the names in the Commission of the Peace and of Oyer
and Terminer for the county of Worcester, dated December 5th, 1st
Richard III, as they occur on the patent rolls of that year:
J., Bishop of Worcester.
John, Duke of Norfolk.
John Sutton de Dudley, Knight.
Richard Ratcliff, Knight.
Humphry Starky, Knight.
Thomas Tremayle.
William Catesby, Esquire, of the Royal Body.
William Littleton.
Humphrey Stafford.
Roger Harwell.
Thomas Lygon.
William Lygon.
Robert Handy.
Robert Russell.
The Bishop here mentioned was John Alcock, who was Lord Chancellor
in the reign of Henry VII; Humphrey Starky was Lord Chief Baron in
the reign of Richard III; and Thomas Tremayle, a King's Serjeant, and
afterwards a Judge.
It is worthy of observation, that at this period the Commission of
Oyer and Terminer under which the criminal business of the Assizes is
still transacted was not separated from the Commission of the Peace;
and the very small number of Magistrates is accounted for by the fact
of so much of what is now business at the Quarter Sessions, and before
Magistrates, going to the Sheriff's Torn and the Courts Leet, of which
Courts the Sheriff's Torn was the most important.
NONCONFORMITY.
From 1651 until 1834, a period of 183 years, the Baptist Church at
Bromsgrove had but five pastors, namely Revds. J. Eccles, W. Peart,
G. Yarnold, J. Butterworth, and J. Scroxton. Mr. Scroxton resigned
the pastorate at the above date (1834), on account of his age, and
died in 1854, at the advanced age of 90. The first mention in history
of Baptists in this county was in 1645, and the first minister the
celebrated clergyman of Bewdley--the Rev. Dr. John Tombes, a native of
that borough. In early life this noted individual studied at Oxford,
and having made good use of his time, he was, at the age of 21, chosen
lecturer at Magdalen Hall. In 1643 he held a private meeting with the
principal London clergy, to whom he avowed his belief in adult baptism,
and in the same year he transmitted his belief to the Westminster
assembly of divines, in a well-written argument in Latin; the assembly,
however, did not send him a reply. He returned to his native place
in 1645, and both preached and administered baptism by immersion,
and formed in Bewdley a distinct church, which continues till the
present time. He also preached with great success at Worcester and
other places. His popularity procured for him a great many opponents,
and among others Richard Baxter, who at that period (1648) resided at
Kidderminster. Mr. Baxter courageously challenged Dr. Tombes to a
public discussion. This took place at Bewdley, on New Year's Day, 1649,
before a large number of individuals, some of whom came from distant
parts of the country, including several from the Universities. Wood,
the historian, noticing this controversy, says, "All scholars then and
there present, who knew ye way of disputing and managing arguments,
did conclude that Tombes got ye better of Baxter by far." He also held
several other discussions, both in England and Wales.
The House of Lords, in their conference with the House of Commons, on
the "Occasional Conformity Bill," speaking of him, says that he was
"a very learned and famous man." Among others he baptized at Bewdley
were the Rev. Richard Adams and John Eccles. Mr. Adams was a short time
afterwards ejected from his living at Humberstone, Leicestershire, and,
in 1651, was minister of Devonshire Square Chapel, London. Mr. Eccles
commenced preaching at Bromsgrove in 1650, and soon afterwards formed
the church there which still exists. The opposition and persecution he
met with was very severe, but it appears that, notwithstanding, the
members greatly increased, for in 1670 there were 97 at Bromsgrove
who professed the Baptist belief; at the present time, although the
population has more than doubled, there are but 103. Mr. Eccles was
for a considerable time confined in a dungeon in Worcester gaol, but
was restored to liberty through the influence of Mr. Swift, M.P.,
one of the county members, who was bound for him in £1000 bond. Dr.
Tombes also suffered greatly, and on two occasions was robbed of all
he had by the King's forces at Leominster and Bristol: at the latter
place he narrowly escaped with his life. Mr. Eccles continued at
Bromsgrove till 1697, when he retired to Salisbury, where he died
(1711) at an advanced age, after being a minister upwards of 60
years. Dr. Tombes retired to Coventry, where he died in 1676, aged
73. The Baptist church at Worcester was founded in 1651; Pershore,
1658; and Upton-on-Severn, 1670. Several very noted individuals have
been baptized at Bromsgrove--David Crossley, who became minister at
Currier's Hall, London; Rev. R. Claridge, M.A., rector of Peopleton,
afterwards a noted minister in the metropolis; Rev.--Miles, M.A.,
master of Kidderminster Grammar School; Solomon Young, who become tutor
at Stepney College, &c. During the ministry of the Rev. G. Yarnold,
at Bromsgrove, and principally by a few of the Baptists of that town,
the first Birmingham Baptist Church was founded, 1737, in Cannon
street, and is at the present time the most influential and, with two
exceptions, the largest Baptist interest in the United Kingdom. Another
chapter on Nonconformity will be found in this book.
COMMUNICANTS IN 1548.
The number of communicants at the holy sacrament in 1548 in thirty-five
parishes in the diocese of Worcester is given in the certificate of
Colleges and Chantries, No. 60, now remaining in the Carlton Ride
Record Office. This certificate was made by "Sir John Pakynton, Knyght,
Sir Robert Acton, Knyght, John Skewdamour, Esquyer, William Sheldon,
Esquyer, George Willoughby, William Grove, Willyam Crouche, and John
Bourne, Gentilmen," under a commission from King Edward VI, bearing
date the 14th day of February, in the second year of his reign. This
certificate contains a column headed "The names of the Townes and
Parishes withe the nomber of hosslyng people in the same;" and each
entry is in the following form: "1. The parishe of Saynt Ellyns within
the said Citie, wherein bee of hoselyng people the nombre of six
hunderd."
For the sake of brevity the names and numbers are here given. It is
impossible to give the population of these places at the earlier
date. The numbers of the communicants were carefully preserved by the
ecclesiastical authorities, although the civil authorities paid no
attention to the numbers of the population; but it is curious to mark,
at a time when the numbers of the population must have been so much
less than at present, how large a proportion the numbers of religious
communicants in some instances bear to those of the present population.
Communicants Pop.
in 1548. in 1851.
1. St. Ellyns 600 1368
2. St. Swythyns 400 906
3. St. Andrews 600 1678
4. All Saints 600 2205
5. St. Nicholas 600 2030
6. St. Peters 500 4588
7. St. Martins -- 5050
8. Kemsey 420 1375
9. Claines 400 6819
10. Kingsnorton 910 7759
11. Bromesgrove 1000 10308
12. Severn Stoke 300 726
13. St. Andrews, Droitwich 200 983
14. St. Peters, Droitwich -- 812
15. Hampton Lovet 80 172
16. Salwarpe 200 446
17. Alvechurch 400 1600
18. Holy Cross, Pershore -- 2528
19. Kethermyster 700 23845
20. Olde Swyneford 700 20038
21. Chiddesley Corbett 500 1420
22. Tenbury 400 1786
23. Knyghton 160 523
24. Rocke, otherwise called Raka 260 1435
25. Rybbesford 940 3435
26. Rypple 300 1097
27. Byshampton 200 444
28. Blockley 400 2587
29. Icombe 80 131
30. Rydmerley 230 1192
31. Suckley 200 1193
32. Lygh 340 2342
33. Elderfyld 280 794
34. All Seynts, in Evesham 1300 1698
35. St. Laurence, in Evesham 500 1733
It has been suggested that the large numbers specified in this
certificate were not the numbers of actual communicants, but merely
the numbers of persons who were of an age to be so, or perhaps the
total number of communicants during the year. This seems, however,
not to have been the case, and that these were the numbers of the
_actual_ communicants is shown by the fact that in the certificates
for Gloucestershire and Wiltshire the numbers are equally high; and on
the 14th of May, 1637, the Bishop of Salisbury issued an injunction to
the curate and churchwardens of Aldbourne containing (_inter alia_) as
follows: "I doe further appoint that thrice in the yeare at the least
there be publique notice given in the church for fower Comunions to
be held vpon fower Sundaies together, and that there come not to the
Comunion _in one day above two hundred at the Most_." The population
of Aldbourne is 1622. It has been suggested by a Roman Catholic
gentleman that, before the Reformation, if any one beyond the age of
confirmation had not received the Holy Communion at Easter, he would
not be entitled to Christian burial if he died within the year, unless
some very special cause could be shown. This also would go to account
for the number of communicants in the different places being very large.
ASSIZE NOTICES.
The costume of the Bench and the Bar is the first thing which attracts
the attention of the stranger visiting our Courts of Justice, and on
this we will remark, beginning with
THE WIG.--"All the wisdom's in the wig" is a saying familiar to us
all, and yet the wig was the latest addition to forensic costume.
The first species of wig worn in the Courts is that now worn by the
Judges at our Cathedrals, called the _full-bottomed_ wig. This was
introduced by Louis XIV in France, and copied by Charles II in England;
and after that it was worn down to the time of George II as the
full-dress wig of noblemen, generals, admirals, churchmen, lawyers,
and private gentlemen. It is still worn as the full-dress wig of
the Lord Chancellor, Judges of law and equity, the Speaker, Queen's
Counsel, Serjeants-at-Law, Masters in Chancery, Recorders, and Judges
of the Local Courts. In one of Hogarth's prints of Speaker Onslow and
several members of the House of Commons, sitting in the House, all are
represented with the full-bottomed wig; and in the prints of the same
celebrated artist, Mr. Kettleby, who was the last barrister who merely
as a barrister wore the full-bottomed wig, is so represented.
Mr. Meadows, of Gloucester, who is the oldest wigmaker in this part of
England, states that those wigs which had the tails knotted were called
"tie-wigs," and those short at the back were called "bob-wigs." Thus,
a Judge's _Nisi Prius_ wig was called a "friz-tie," it being frizzed
all over; a Bishop's wig being a "friz-bob." And it is stated by Mr.
Planché, in his admirable little work on British costume, that the
tie-wig and the bob-wig were both introduced in the reign of George
II, the latter being sometimes worn without powder. Mr. Planché also
informs us that the bag-wig was introduced in the reign of Queen Anne.
THE FRIZ-TIE WIG.--This is worn by the Judges at _Nisi Prius_ and
by the Judges of the local Courts, but this wig was not originally
forensic, as it appears in the portrait of Mr. Beaumont, a London
attorney of the reign of George II.
THE TWO-CURL BOB-WIG.--This was a powdered wig with a peak in front,
frizzed all over, except two rows of curls all round the bottom of the
back of it. It was worn by Judges when opening the commission, and down
to the time of Lord Denman, when they received the Magistrates and
the Bar at dinner in the circuit towns; and down to the time of Baron
Garrow, when the Judges dined with our Diocesan or Lord Lieutenant,
they wore this wig, a black silk gown, and bands. This species of wig
was worn by private gentlemen at the beginning of the reign of George
III; and Mr. Walter Horton, an eminent shoe manufacturer, at Stafford,
who died about 1776, is represented wearing this wig in his portrait,
now in the possession of Dr. Knight, the physician and magistrate at
that place, who married his granddaughter and co-heiress.
THE CURL TIE-WIG.--This is the Barrister's wig. It was worn by the
late Lord Melville when at the House of Lords, although he was not a
barrister. This noble Lord died in 1811.
THE SCRATCH-WIG.--This was a brown wig curled all over, worn by
the Judges in the streets, with a hat now only worn by Bishops and
dignified clergy. This wig was introduced by George IV when Prince of
Wales, and was worn by the Judges when not in Court, down to the time
of Lord Gifford. It was stated by Mr. Meadows that all these wigs were
well known by their names before-mentioned when he was an apprentice.
THE MOUSTACHE.--On the Bench and at the Bar the moustache was the
immediate predecessor of the wig. In the reigns of Queen Elizabeth
and Kings James and Charles I the Bench and the Bar wore moustaches,
as may be seen in the council-room at Lincolns' Inn and elsewhere in
the portraits of Lord Coke, Lord Hale, Lord Keeper Coventry, Lord
Ellesmere, and many others. In the reign of King Charles II the
moustache generally disappeared, and on went the wig; but there is in
Berkeley Castle a fine portrait of King Charles II, by Sir Peter Lely,
in which that monarch is represented in a large full-bottomed wig, like
that of a Judge at our Cathedral, with the exception of the powder, and
wearing a small but well-trimmed moustache. The moustache, however,
which had been almost universally worn by all (ecclesiastics, lawyers,
and laymen, Archbishop Laud included), did not reappear at the Bar till
very recently, when it was worn in our Courts by Mr. Bernhard Smith,
Mr. Chandos Pole, Mr. Woodhouse Owen, Mr. Compigne, and other members
of the Oxford circuit.
THE BAND.--Dr. Burn, in his "Ecclesiastical Law," in treating of the
costume of the clergy, says--"The band is not so ancient as any canon
of the church. Archbishop Laud is pictured in a ruff, which was worn
at that time both by clergymen and gentlemen of the law, as also long
before, during the reigns of King James I and Queen Elizabeth. The
band came in with the Puritans and other sectaries upon the downfall
of Episcopacy, and in a few years more became the habit of men of all
denominations and professions." It was worn by Oliver Cromwell; and in
the portraits of some of the Judges (_temp._ Charles II) in the Courts
at Guildhall, London, the band appears to be nothing more than the ends
of a turn-down collar, of the kind worn by young boys now.
THE GOLD COLLAR.--This is worn by the two Lords Chief Justices and
Lord Chief Baron, and is called the collar of Esses, from the letter S
occurring in it. The origin of this is not known: it was worn by the
personal friends of Henry IV, and is found represented on the monuments
of noblemen, warriors, and even ladies.
THE SCARLET ROBE.--This is of great antiquity. Lord Chief Baron Cassy
is represented wearing such a robe on his monument in Deerhurst church,
near Tewkesbury; he died 1401.
THE BLACK SILK GOWN.--This is an undress gown of the Lord Chancellor,
Judges, Queen's Counsel, and Serjeants-at-Law, none of them wearing
his full dress gown in an assize town except the Judges. The Queen's
Counsel's full dress gown is of figured black silk, tufted all over
like a parish clerk's. The serjeant's full dress is a cloth robe,
scarlet for state occasions, black in term time, and purple on the red
letter days of the almanac if in term.
THE TIPPET.--This is a piece of cloth about two feet long, shaped
something like a gun-case; it is worn by the Judges in the Crown
Court, and by the Serjeants in term time, hung from the right shoulder
by a strong metal hook. The tippet is mentioned as a portion of
ecclesiastical costume in the 74th canon of 1603. In a very interesting
article, which recently appeared in the "Quarterly Review," entitled
"Rubric against Usage," some question is raised as to what the tippet
was, but on this there ought to be no doubt, as it is still worn by the
Judges and Serjeants-at-Law.
THE BLACK SILK SCARF.--This is worn by the Judge in the Crown Court; it
is the same as the scarf worn by the clergy, and is evidently derived
from the stola, an ecclesiastical vestment.
THE BLACK SILK GIRDLE.--This is worn by the Judge in the Crown Court;
it was a part of the civil costume of the reign of King Henry VII, and
is often seen represented in monumental brasses of that period.
THE HOOD.--Judges sometimes wear the ermine hood with their scarlet
robes. The barrister has a black hood (useless from its small size)
attached to the back of his gown.
THE JUDGE'S COURT HAT.--An equilateral cocked hat. The gentleman's hat
_temp._ George II.
THE BLACK COAT AND WAISTCOAT.--The bar did not uniformly wear these
till after the general mourning for Queen Anne. Before this time the
barristers wore coats and waistcoats of any colour under their gowns,
as the undergraduates of Oxford do now. But at this general mourning
the Judges thought that the bar in the uniform black dress looked so
well that they suggested its continuance, and it has been continued
ever since. Indeed, it seems to be pretty clear that a black waistcoat
was not always a part of the costume of the bar, as even now, on
full dress occasions, the Queen's Counsel wear waistcoats of gold or
silver tissue, or of white silk embroidered with coloured flowers.
On ecclesiastical and forensic costume in general the Rev. Dr. Burn
(before cited) observes that "most of the peculiar habits, both in the
Church and in Courts of Justice, and in the Universities, were in their
day the common habit of the nation, and were retained by persons and in
places of importance only as having an air of antiquity, and thereby in
some sort conducing to attract veneration, and the same, on the other
hand, in proportion do persuade to a suitable gravity of demeanour, for
an irreverent behaviour in a venerable habit is extremely burlesque and
ungraceful."
THE BARRISTER'S BAG.--At present the younger barristers have blue
bags, the elder having red ones. Down to the reign of George IV no
barrister carried a bag in Court unless it had been given to him by
a King's Counsel, which arose in this way. Down to that period the
King's Counsel had no salaries, but each was allowed _every year_ a
ream of foolscap paper, a ream of draft paper, six pieces of red tape,
six bags, a penknife, a paper of sand, and a paper of pins. These bags
being more than they wanted for their own use, some of them were given
by them from time to time to their younger friends, who were getting
into business, to entitle them, as the phrase was, "to carry a bag,"
the clerk, who was the bearer of the present, having a fee of a guinea
for it. But at last the King's Counsel complaining that the paper was
bad, the amount paid by the Government for the allowances was given
to them instead, and so matters continued until Mr. (afterwards Lord)
Denman was appointed King's Counsel, when fearing that this commuted
allowance might be the means of vacating his seat in Parliament, he was
appointed King's Counsel "without any fee, gain, or reward whatsoever,"
and so have been all the King's and Queen's Counsel ever since.
OPENING THE PLEADINGS.--At present the junior counsel for the
plaintiff, in a _Nisi Prius_ cause, shortly states the effect of the
pleadings. This is called "opening the pleadings." This practice was
introduced at the suggestion of Lord Mansfield, early in the reign of
George III. The _Nisi Prius_ business in London was then monopolised
by Sir Fletcher Norton, Mr. Dunning, and a few other leaders, and to
throw something into the hands of the juniors Lord Mansfield suggested
the practice that in every case where a King's Counsel was alone for
the plaintiff a junior should have a guinea fee to state or open the
pleadings. This was acceded to; but as the clients thought this of no
use to them, they had a second brief delivered to a junior with two
guineas, and the junior then assisted the leader throughout the cause,
as the practice is now; but even at present, if a plaintiff has only
engaged Queen's Counsel or Serjeants, the youngest counsel present is
paid a guinea to open the pleadings only, and do nothing more in the
cause; and this is called a "kite."