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.

{216}

"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.

* * * * *

{217}

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.

Notes and Queries, Number 228, March 11, 1854 A Medium of Inter-communication for Literary Men, Artists, Antiquaries, Genealogists, etc. · 第 49 / 161 题