In the reign of king Henry the sixth, Humphrey, Duke of Gloucester,

fourth and youngest son of king Henry the fourth, was a singular

promoter of literature, just at the dawning of science and learning.

However unqualified this eminent personage was for political intrigue,

and to contend with his malicious and powerful enemies, among whom the

Cardinal Beaufort was the principal, he was nevertheless the common

friend and patron of all the scholars of his time. A sketch of his

character and pursuits, as being closely connected with the progress of

English literature, cannot fail of proving interesting, more especially

as they are peculiarly associated with the subject of the present

inquiry.

About the year 1440, the Duke gave to the University of Oxford a

library, containing six hundred volumes, one hundred and twenty only of

which were valued at more than one thousand pounds of the money of that

day. These books, it need not be observed, were all in manuscript, the

art of printing not having then been discovered; they are called _Novi

Tractatus_, or New Treatises, in the University Register, and are said

to be _admirandi apparatus_. They were the most splendid and costly

copies that could be procured, finely written on vellum, and elegantly

embellished with miniatures and illuminations. Among the rest was a

translation into French of Ovid’s Metamorphoses. Only a single specimen

of these valuable volumes was suffered to remain; it is a beautiful

manuscript, in folio, of Valerius Maximus, enriched with the most

elegant decorations, and written in Duke Humphrey’s age, evidently with

a design of being placed in this sumptuous collection. All the rest of

the books, which, like this, being highly ornamented, looked like

missals, were destroyed or removed by the pious visitors of the

University, in the reign of king Edward the sixth, whose zeal was

equalled only by their ignorance, or perhaps by their avarice. A great

number of classics, in this grand work of reformation, were condemned as

anti-christian, and some of the books, in this library, had even been

before this, either stolen or mutilated. In the library of Oriel

College, at Oxford, we find a manuscript _Commentary on Genesis_,

written by John Capgrave, a monk, belonging to the monastery of St.

Austin, at Canterbury, a learned theologist of the fifteenth century. In

it is the author’s autograph, and the work is dedicated to Humphrey,

Duke of Gloucester. In the superb initial letter of the dedicatory

epistle, is a curious illumination of the author Capgrave, humbly

presenting his book to his patron, the Duke, who is seated, and covered

with a sort of hat. At the end of the volume is this entry, in the

hand-writing of Duke Humphrey “C’est Livre est a moy Humfrey, Duc de

Gloucestre, du don de Frere Jehan Capgrave, quy le me fist presenter a

mon manoyr de Pensherst le jour ... de l’an MCCCCXXXVIII.” This is one

of the books which Humphrey gave to his new library at Oxford, destroyed

or dispersed by the active reformers of the young Edward. He also gave

to the same library Capgrave _Super Exodum et Regum Libros_.

John Whethamstede, a learned abbot of St. Alban’s, and a lover of

scholars, but accused by his monks of neglecting their affairs, while he

was too deeply engaged in studious employments, and in procuring

transcripts of useful books, notwithstanding his unwearied assiduity in

beautifying and enriching their monastery, was in high favour with this

munificent prince. The Duke was fond of visiting this monastery, and

employed Abbot Whethamstede to collect valuable books for him. Some of

Whethamstede’s tracts, manuscript copies of which often occur in our

libraries, are dedicated to the Duke, who presented many of them,

particularly a fine copy of Whethamstede’s _Granarium_, an immense work,

which Leland calls _ingens volumen_ to the new library. The copy of

Valerius Maximus, mentioned before, has a curious table or index, made

by Whethamstede. Many other Abbots paid their court to the Duke, by

sending him presents of books, the margins of which were adorned with

the most exquisite paintings.

Gilbert Kymer, physician to king Henry the sixth, and holding, among

other ecclesiastical preferments, the Deanery of Salisbury and

Chancellorship of the University of Oxford; the latter dignity by the

recommendatory letters of the Duke, inscribed to the Duke of Gloucester

his famous medical system—_Diætarium de Sanitatis Custodia_—in the year

1424.

Lydgate,[12] one of the early English poets, translated Boccacio’s book,

_De Casibus Virorum illustrium_, at the recommendation and command, and

under the protection and superintendance, of Duke Humphrey, whose

condescension in conversing with learned ecclesiastics, and diligence in

study, the translator displays at large, and in the strongest

expressions of panegyric. He compares the Duke to Julius Cæsar, who,

amidst the weightier cares of state, was not ashamed to enter the

rhetorical school of Cicero at Rome. Nor was his patronage confined only

to English scholars. His favour was solicited by the most celebrated

writers of France and Italy, many of whom he bountifully rewarded.

Leonard Aretin,[13] one of the first restorers of the Greek tongue in

Italy, (which language he learned of Emanuel Chrysoloras,[14]) and of

polite literature in general, dedicates to this universal patron his

elegant Latin translation of Aristotle’s _Politics_. The copy presented

to the Duke by the translator, most elegantly illuminated, is now in the

Bodleian library.

To the same noble encourager of learning, Petrus Candidus, the friend of

Laurentius Valla,[15] and secretary to the great Cosmo, Duke of Milan,

inscribed by the advice of the Archbishop of Milan, a Latin version of

Plato’s _Republic_. An illuminated manuscript of this translation is in

the British Museum, perhaps the copy presented, with two epistles from

the Duke to Petrus Candidus.

Petrus de Monte, another learned Italian of Venice, in the dedication of

his treatise—_De Virtutum et Vitiorum differentia_—to the Duke of

Gloucester, mentions the latter’s ardent attachment to books of all

kinds, and the singular avidity with which he pursued every species of

literature.

A tract entitled _Comparatio Studiorum et Rei Militaris_, written by

Lopus de Castellione, a Florentine civilian, and a great translator into

Latin of the Greek classics, is also inscribed to the Duke at the desire

of Zeno, archbishop of Bayeux. It must not be forgotten that our

illustrious Duke invited into England the learned Tito Livio of

Foro-Juli, whom he naturalized and constituted his poet and orator. He

also retained learned foreigners in his service, for the purpose of

transcribing, and of translating from Greek into Latin. One of these was

Antonio de Beccaria, a Veronese, who translated into Latin prose the

Greek poem of _Dionysius Afer de Situ Orbis_; whom the Duke also

employed to translate into Latin six tracts of Athanasius. This

translation, inscribed to the Duke, is now among the royal manuscripts

in the British Museum, and at the end, in his own hand-writing, is the

following insertion:—“C’est Livre est a moi Homphrey Duc le Gloucestre:

le quel je fis translater de grec en latin par un de mes secretaires

Antoyne de Beccara ne de Verone.”

An astronomical tract, entitled, by Leland, _Fabulæ Directionum_, is

erroneously supposed to have been written by Duke Humphrey. But it was

compiled at the Duke’s instance, and according to tables which he had

himself constructed, called by the anonymous author in his preface,

_Tabulas illustrissimi principis et nobilissimi Domini mei, Humfredi,

&c._ In the library of Gresham College, however, there is a scheme of

calculations in astronomy, which bears his name. Astronomy was then a

favourite science; nor is it to be doubted that he was intimately

acquainted with the politer branches of knowledge which now began to

acquire estimation, and which his liberal and judicious attention

greatly contributed to restore.

* * * * *

King Edward the fourth and Henry the seventh greatly assisted the cause

of learning, by the encouragement they gave to the art of printing in

England, and by purchasing such books as were printed in other

countries. William Warham, archbishop of Canterbury, purchased many

valuable Greek manuscripts which had been brought hither by the prelates

and others after the taking of Constantinople by the Turks.

King Henry the eighth may justly be called the founder of the royal

library, which was enriched with the manuscripts selected from the

_scriptoria_ and libraries of the principal monasteries, by that

indefatigable antiquary John Leland.

Matthew Parker, archbishop of Canterbury, enriched the library of the

college of Corpus Christi, with a great number of ancient and curious

manuscripts.

In the reign of Queen Elizabeth, Sir Thomas Bodley greatly increased the

public library at Oxford, which is now called by his name. This great

benefactor to the literature of his country, quitted the court, and

applied himself wholly to the purchasing of books and manuscripts both

at home and abroad. By these means he had the satisfaction of furnishing

that library with 1294 manuscripts, which by the subsequent liberality

of many great and illustrious persons, has been since increased to more

than eight thousand volumes, including the manuscripts given by Tanner,

Bishop of Norwich, and the valuable library bequeathed by the will of

Dr. Richard Rawlinson.

Considerable augmentations were made to the libraries of the several

colleges in the two universities, as also to those of our cathedral

churches, the palace at Lambeth, the Inns of Court, the College of Arms,

and others; catalogues of which were published at Oxford in 1697 under

the title of _Catalogus Manuscriptorum Angliæ et Hiberniæ_.

Bodley’s great contemporary, Sir Robert Cotton, is also entitled to the

gratitude of posterity for his diligence in collecting the Cottonian

library; he was engaged in the pursuit of manuscripts and records

upwards of forty years, during which time he spared neither trouble nor

expense.

The noble manuscript library founded by Robert Harley, Earl of Oxford,

and greatly enriched by his son Edward, who inherited his father’s love

of science, claims a distinguished place in every account which may be

given of the literary treasures of antiquity in general, and of this

country in particular. Posterity will ever be indebted to her grace the

Duchess Dowager of Portland, for securing this inestimable treasure of

learning to the public, by authority of Parliament, under the

guardianship of the most distinguished persons of the realm, both for

rank and abilities, whose excellent regulations have made this library,

as also the Royal, Cottonian, Sloanian, and others, now deposited in the

British Museum, easy of access, and consequently of real use to the

philosopher, the statesman, the historian, the scholar, and the

artist.[16]

Footnote 9:

Gildas, called _Badonicus_, because said to be born at Bath, was, for

his singular prudence and the severity of his morals, surnamed the

WISE; he was a monk of Bangor, and his “Description of the state of

Britain,” above alluded to, is the only one of his writings extant, as

we are assured by Archbishop Usher. Gildas wrote this work in Latin,

in a style, according to that age, harsh and perplexed enough. The

first printed edition of it was published by Polydore Virgil, in

octavo, London, 1525, and dedicated to Cuthbert Tunstal, Bishop of

Durham, which, however, was from an incorrect copy. It was reprinted

at Basil, in 12mo, in 1541; and at London, 1548, though Bishop

Nicolson says 1568. It was again printed at London, in 12mo, in 1638,

translated by Thomas Habingdon, of Henlip, in Worcestershire. John

Josseline, secretary to Archbishop Parker, reprinted Gildas more

correctly from two new manuscripts, Basil, 1568, 12mo; and Paris 1576;

but these are little more perfect than the first.—The latest and best

copy of Gildas is in Dr. Gale’s collection of Ancient English

Historians, 2 vols. folio, Oxford, 1687 and 1691; who had the

advantage of a more ancient and better copy, as Bishop Nicolson

observes. Besides Habingdons’s translation above mentioned, there was

another printed during the Cromwell rebellion, in 1652, for the mere

purpose, it has been said, of retailing Gildas’s sharp reproofs of

Kings and Priests.—For an account of this edition, see Oldys’s British

Librarian, and Savage’s Librarian, vol. 1. p. 117.

Footnote 10:

Strutt, in his “Chronicle of England” has given a plate representing a

page of this manuscript, and in Astle’s “History of Writing,” there is

a plate of the same page, coloured, in imitation of the original.

Footnote 11:

Bede, commonly called the Venerable Bede, was the most learned man of

the age in which he lived; he was born at Weremouth, in

Northumberland, in the year 672. Both ancient and modern authors have

bestowed the highest encomiums upon the learning of this extraordinary

man. His works are many, making eight large volumes, in folio, the

principal of which is his Ecclesiastical History of the Anglo-Saxons,

consisting of five books, from whence the more perfect part of our

early history is formed; his other works are the Lives of Saints,

Treatises on the Holy Scriptures, and Philosophical Tracts. This great

man died at his cell at Jarrow, in the year 735, aged 63.

Footnote 12:

Lydgate was commonly called the Monk of Bury, because born at that

place, about the year 1380. After some time spent in the English

Universities, he travelled through France and Italy, in which

countries he greatly improved himself. In addition to his poetical

talents, he is described as being an eloquent rhetorician, an expert

mathematician, an acute philosopher, and no mean divine. He is said to

have been so much admired by his contemporaries, that they said of

him, that his wit was fashioned by the Muses themselves. After his

return from France and Italy, he became tutor to the sons of several

of the nobility, and for his excellent endowments, was much esteemed

and reverenced by them. He wrote a poem, called _The Life and Death of

Hector_, some satires, eulogies, and odes, and other learned works in

prose. He died in 1440, aged sixty, and was buried in his own convent

at Bury. Lydgate is said to have been a disciple of Chaucer.

Footnote 13:

Leonard Aretin, the disciple of Chrysoloras, was a linguist, an

orator, and an historian; the secretary of four successive Popes; and

Chancellor of the Republic of Florence, where he died in 1444, aged

seventy-five. He added a Supplement to Livy on the Punic War, and

wrote the History of Italy, with other valuable works.

Footnote 14:

Emanuel Chrysoloras was one of the envoys sent by the Greek Emperor

Manuel, at the end of the fourteenth century, to implore the

compassion of the Western Princes. He was not only conspicuous for the

nobleness of his birth but also for the extent of his learning. After

visiting the courts of France and England, in furtherance of his

mission, he was invited to assume the office of a Professor, and

Florence had the honour of this invitation, as it had had a few years

previously that of the first Greek Professor Leo Pilatus, whose mind

was stored with a treasure of Greek learning, with whom history and

fable, philosophy and grammar, were alike familiar, and who first read

the Poems of Homer in the Schools of Florence. Chrysoloras may be

considered as the founder of the Greek language in Italy, and his

knowledge not only of the Greek, but of the Latin tongue, surpassed

the expectation of the Florentine republic. At the same time and

place, the Latin classics were explained by John of Ravenna, the

domestic pupil of the celebrated Petrarch. The Italians, who

illustrated their age and country, were formed in this double school,

and Florence became the fruitful seminary of Greek and Roman

erudition. Chrysoloras was recalled by the Emperor from the college to

the court, but he afterwards taught at Pavia and Rome with equal

industry and applause. He died at Constance on a public mission from

the Emperor to the council. _Gibbon’s Hist._ vol. 12. p. 126.

Footnote 15:

Laurentius Valla, was a native of Placenza, where he was born in 1415;

he revived the Latin language from gothic barbarity, but he was a

rigorous critic. He fell under the displeasure of the Church of Rome,

for the freedom with which he hazarded his opinions respecting some of

its doctrines, and he was condemned to be burnt, but was saved by

Alphonsus, king of Naples. Pope Nicholas the fifth, who was himself

one of the greatest encouragers of learning of his time, and who

highly respected the talents of Valla, invited him to Rome, and gave

him a pension.—This Pope, whose pursuits were in direct association

with our present subject, from a plebeian origin, raised himself by

his virtue and his learning to the highest honours of the Church. The

character of the man prevailed over the interest of the Pontiff, and

he sharpened those weapons which were soon pointed against the

religion of Rome. He had been the friend of the most eminent scholars

of the age, and after his elevation to the chair of St. Peter, he

became their patron. Under Pope Nicholas, the influence of the Holy

See pervaded Christendom, and he exerted that influence in the search,

not of benefices, but of books. From the ruins of the Byzantine

libraries, from the darkest monasteries of Germany and Britain, he

collected the dusty manuscripts of the writers of antiquity; and

whenever the original could not be removed, a faithful copy was

transcribed and transmitted for his use. The Vatican was daily

replenished with precious furniture, and such was his industry, that

in a reign of eight years, he formed a library of five thousand

volumes. To his munificence the Latin world was indebted for the

versions of Xenophon, Diodorus, Polybius, Thucydides, Herodotus, and

Appian; of Strabo’s Geography, of the Iliad, of the more valuable

works of Plato and Aristotle, of Ptolemy, and Theophrastus, and of the

Fathers of the Greek Church.

Footnote 16:

For an account of the following Manuscript Libraries in England, see

Savage’s Librarian, 3 vols. London, 1808-1810—namely, that of the

British Museum, in vol. 1. p. 26; of the Royal Society, p. 71; of the

Heralds Office, p. 73; of the Society of Antiquaries, p. 129; of the

Archbishop of Canterbury’s at Lambeth Palace, p. 133; of Lincoln’s

Inn, p. 183, 225; of the Middle Temple, p. 273; of the Inner Temple,

vol. 2. p. 131; of the Lansdown Collection of Manuscripts, vol. 1. p.

34, and vol. 3. p. 27, and of the Cottonian Manuscripts, vol. 3. p.

31.

The curious reader who is interested in the history of the public

records of his country, will find in the same volumes, the Report of

the Committee of the House of Commons on the State of the Records, in

vol. 1. p. 17, &c.—an account of the Records in the Tower of London,

vol. 2. p. 34, &c. of those in the Rolls Chapel, ibid. p. 185, &c. and

of those in the Chapter House of Westminster Abbey, vol. 3. p. 41, &c.

TORTURE IN ENGLAND.[17]

In the reign of King Henry the Sixth, the RACK or BRAKE, was placed in

the Tower of London, by the Duke of Exeter, when he and the Earl of

Suffolk had formed the design of introducing the Civil Law into England.

It was called “Exeter’s daughter,” and remained afterwards in the Tower,

“where it was occasionally used as an _Engine of State_, more than once

in the _reign of Elizabeth_.”

Though the use of the Rack does not appear to have been known in this

country until the 26th year of Henry the Sixth, and though it was never

authorized by the law, yet to borrow the expression of Mr. Justice

Blackstone, it was occasionally used as an “Engine of State,” to extort

confession from State Prisoners confined in the Tower, from the time of

its introduction, until finally laid aside in consequence of the

decision of the judges in Felton’s case. One Hawkins was tortured[18] in

the reign of Henry the Sixth; and the case of Anne Askew,[19] in that of

Henry the Eighth,[20] cannot escape the recollection of every reader of

English history. The Lord Chancellor Wriothesely (I blush for the honour

and humanity of an English Judge while I write his name) went to the

Tower to take her examination, and upon the Lieutenant’s refusing to

draw the cords tighter, _drew them himself_ till every limb was

dislocated, and her body nearly torn asunder. In Mary’s reign several

persons were racked in order to extort confessions, which was upon

account of Sir Thomas Wyat’s rebellion. And Barrington mentions that in

Oldmixon’s History of England (p. 284,) one Simpson is said to have been

tortured in 1558, and a confession extorted.

In the beginning of the reign of Elizabeth,[21] the Rack was used upon

offenders against the State, and among others, upon Francis Throgmorton;

in 1571, upon Charles Baillie an attendant upon the Bishop of Ross,

Mary’s ambassador, and upon Banastre, one of the Duke of Norfolk’s

servants; and Barker, another of his servants was brought to confess by

extreme fear of it. In 1581, Campion, the Jesuit, was put upon the

rack,[22] and in 1585, Thomas Morgan writes to the Queen of Scots, that

he has heard D. Atslow was racked in the Tower, twice about the Earl of

Arundel. This is the last instance of the actual application of torture

to extort confession.

For the greater part of this reign the application of torture in the

examination of State offenders seems to have been in common use, and its

legality not disputed. Mr. Daines Barrington says,[23] that among the

manuscript papers of Lord Ellesmere, is a copy of instructions to him,

as Lord President of the Marches, to use the torture on the taking of

some examinations at Ludlow; and Sir Edward Coke himself,[24] in the

year 1600, (the 43d of Elizabeth’s reign) then being Attorney General,

at the trials of the Earls of Essex and Southampton, boasted of the

clemency of the Queen, because, though the rebellious attempts were so

exceedingly heinous, yet out of her princely mercy “no person was

racked, tortured, or pressed to speak any thing further than of their

own accord.” And in the Countess of Shrewsbury’s case (10 James 1st)

when Sir Edward was Chief Justice, in enumerating the privileges of the

nobility, he mentions as one, that their bodies were not subject to

torture _in causa criminis læsæ majestatis_. Barrington justly

observes[25] there was a regular establishment for torture, for at his

trial,[26] in the first year of James the first, Sir Walter Raleigh

stated that Kemish had been threatened with the rack, and the keeper of

the instrument sent for. Sir William Wade, who, with the Solicitor

General had taken his examination, denied it, but admitted they had told

him he deserved it, and Lord Howard declared, “Kemish was never on the

rack, _the king gave charge that no rigour should be used_.”

Barrington mentions[27] that Sir John Hayward, the historian, was

threatened with the rack, which Dr. Granger confirms; and the former

also remarks that it is stated in King James’s works, that the rack was

shewn to Guy Faukes when under examination.

Down to this period we do not find the legality of the practice

questioned, though it has been said by high authority, as will be stated

presently, that some doubts had been suggested to Queen Elizabeth. State

Prisoners were confined usually in the Tower, and commissioners,

attended by the law officers of the crown, were sent to examine them,

who applied the rack at their own discretion, or according to the order

of the privy council, or the king’s, without any objection being made to

their authority.

In the third year of King Charles the first, Felton was threatened with

the rack by the Earl of Dorset in the Tower, and Laud, then bishop of

London, repeated the threats in council, but the king insisted upon the

judges being consulted as to the legality of the application, and they

being unanimously of opinion that it was illegal, it was never attempted

afterwards. The answer which Felton made to Laud’s threats, is well

worthy of attention; when Laud told him “if he would not confess he must

go to the rack,” he replied “if it must be so, he could not tell whom he

might nominate in the extremity of torture, and if what he should say

then was to go for truth, he could not tell whether his Lordship

(meaning the bishop of London) or which of their Lordships he might

name, for torture might draw unexpected things from him.”

Memorabilia; Or Recollections, Historical, Biographical, and Antiquarian · 第 5 / 18 段