1820.] Expence of Judges in their Circuits. that matter this year, we require you to

to be for her Maties s'vice and as reason proceed for the provision of the Justices of requireth that the said Justics in respect assize in like manner as before, and we of theire paynefull and carefull service for shall not forget your good service herein, admiuistrac'on of Justice should be both as soon as we may couveniently cause honorably and favorably used in all things some good order to be taken, & for the requisit for theire owne P’sons and trayne exoneration of your great charge.” whereof we trust both you as Sheriffs now (From a Copy.)

beinge and all other succeedynge you will “ 21 Feb. 1573.

have care and due regard. Fynally we “ After or bartie comendacions, Wher of

also warne yow yt now when yow shalbe longe tyme many ge'tlemen, some eligible uuburthened thereof as of a matts of longe to be Sheriffes, some yt have been in office tyme complayned yew do not for yr p'vat in ye moste Ple of the Counties of this

respect entr into anie such unnecessary Realme, baue both in Pliainent & other

charge as hath not in former tymes of the placs complayned of ye gret burtben and kyng her Mates father and other her charge susteyned in ye said office of She. P'genitors byn used nor allowed, for it is riffwick by reason as they have alledged

not ment to geve yow allowancs hereaftr of of ye large dietts & other charges of the

apie thinge upon yor accoumpt that shall Justics of assize and gaole deliv'y yerely

not be well warravted to be allowed unto eneresing in such sorte as many gentlme' yow. We also have given knowledge to the very meete for yt office in respect of theire

Justics yt yt shalbe very convenient ye at wisdom & dexterity to execute ye same,

theire first comynge to the places apthoughe not so meete for wellh to beare poynted for the Sessions they do begyne the charge of the expencs have of late

to here and determyn ye causes of the yeres made most earnest sute to be for p’soners in yor charge so far forth as yt borne onely for want of welth to bere ye

inaie be conveniently done to P'cede to burden. The Queenes Matie callinge this delivery of the gaole before they Pcede cause now of late unto her renienbraunce

to the assizes whereby that attendance of hath thought yt very necessarye to cause

the multytude of the Justico of peace shall y* same to be considered by her councell

not nede to be so longe as yf the Gaole & remedye to be P'vided therefore as the

deliv'y should be last. And therefore we cause maye bee yt ju the considerac'on

will yt yew do so make redye yor gaole hereof yt us by her Matie & us of her

and prisoners that the Justice maie fyrst counceli well Pceived yt by the petition of fyneshe that service being the principall divs the Shereffes in sondrie Counties

cause of the Sessions. And so bide yew apperinge by yo exchequer for allowance right hartely fair well. for the dietts & other charges of the said

From Hampton Courte the xxitle of Justics the same are yerely growen more

February 1573 & more in charges to the said Shereffes,

“ Yor lovinge frendes and coosequently her Matie thereby more charged, then by reason ought to be al.

“ For the next assizes yt shall suffise lowed. And therefore to remelye this ye yow make P'vision of two nesses well mattt yt ys determyned by her Matie wh

furnished & yf our and besides this yow th' advice of us of her proye councell,

shall demande any further allowance for yt the Sheriffes shall not after this Lent ye Justices dietts yt ys not ment yt yew assizes have the charge of the Justics of shall have anie allowance for the same the assizes dietts but that the said Justics

afterwards yew see what order yt bath shall have of her Matie out of her cofers pleased her Matie to take therein. sev'all somes of money for the daielye coln. P. Sussex. A. Warwick. Bedford.

N. Bacon C. S. W. Burgbley. E. Lindyetts duringe the tyme that heretofore the Sberiffes have byn chargeablye wall

R. Leycester. N. Koolles. T. Smyth. wiloin theireCounties wth wch determinac'on F.Wallsingh’m. R. Sandler. W.Mildmay." the more P'te of the said Justics have byn by div's of her Mats councell made acquainted. And berof we have thought it


Feb. 2. convenient to give your knowledge as we TAKE it that the object of Mr. do the like to other Sheriffes in the Realme to th'intent yt yt maie afir this Lent assizes forbeare to enter into suche farther charge he expresses in his lutroduction, to

to a Country Surrogate,” was not, as and yt yt is ment yt ye shall against the Sommer assizes by ye authority of yor discussion of difficult and abstruse

“confuse bim by leading him to the office aide and assist the seruants of the said Justices yt shall require yor advice points of law, but merely to guide him for helpe to make P'vision for yor maisters

in those cases which would, in all prodietts and for lodginge and horse corne at bability, come before him in his as reasonable charges as maye apd ooght official capacity." The “ difficult”



“ P'script


it was

112 On the Legality of Marriages in certain Cases. (Feb. and “ abstruse" point, therefore, or Public Chapels erected since the Marstarted by Z. A. (p. 508), does not riage Act of the 26 G. II. Such as had seem to be one which could be ex. been erected a longer or shorter time bepected to be noticed in a Letter of the fore, are not provided for by this remedial above description; nor indeed has it, law. As to these, the matter is still left in my opinion, any connexion with open, which includes in it this important

question, How far the word “ usually" (as the subject matter of such Letter, as

used in the 26 G. II.) shall be understood it certainly could not, by any possi

to extend ?" bility, fall within the province of a

From this it is clear, the learne Surrogate to inquire whether certain

Commentator had no doubt as to the marriages solemnized long since, and legality of the Marriages coming legalized (or intended so to be) by within the purview of the Act of the certain Acts of Parliament passed for

21 G. III. Indeed, I cannot suppose, the purpose, could, under the con

that the Courts would annul a Marstruction of such Acts, be deemed riage for want of a proper transmislegal or not. The caution given a

sion of its Register, agreeably to a Surrogate in the Letter, as to making concluding clause of an Act, which inquiries relative to the competency does not expressly make the non-transof a Church, or Chapel, where a mar

mission fatal to the validity of the riage is wished to be had, to have such

Marriage. The parties, whose duty a ceremony solemnized therein, is

to transmit the Registers, most assuredly highly necessary and might, perhaps, have been punished proper ; and to this single point, I (vide 'Burn's Eccl. Law, p. 464, tit. conceive, Mr. Hardy's remarks ex

Marriage) for a non-compliance with tend. As the point of law alluded to

the clause, but I should apprehend the by your correspondent 2: A. is evi- validity of the Marriage would not be dently stated incidentally, it forms no

affected. Besides, the law, I apprepart of the general subject of the hend, always concludes that the reLetter. But as to the point itself, as

quisites of an Act are complied with, far as my humble opinion goes, I

until the contrary is proved; and should conceive the marriages solem, therefore, in alluding to the Mar. nized under the circumstances slated riages in question, I think professional by your correspondent, to be legal. gentlemen are quite justified in stating of this opinion Professor Christian is, ihat such Marriages were legalized evidently; ou referring to his by the Act in question, since they have Notes to Blackstone, vol. ii. p. 439,*

no business to presume but that every he expressly asserts their legality, but requisite was complied with, . joins with every sensible man in la

Mr. Sylvester Douglas, (who rementing the limited effects of the Acts ported the case of the King v. Inbapassed on the subject. So Mr. Fraser,

bitants of Northfield, which gave rise in his new Edition of Burn's Ecclesi.

to the stat. 21 G. III.) in bis Notes to astical Law, vol. ii. p. 478, clearly

that famous case, evidently coincided views the matter in the same light, as

in the opinions here quoted, as did a he raises no question as to the validity celebrated Civilian, now no more, and of the marriages which had been

once the bosom friend of solemnized before 1st August, 1781, in SENEX CLERICUS ANGLICANUS, Churches or Chapels erected since

and formerly a Surrogate. 26 G. II.; but the very important, and, in my opinion, only question, which


Jan. 17. can be raised on the point, how far the word “ usually,as expressed in the I

N one of your late Magazines, the Act of the 26 G. II. shall be construed as extending ? Mr. Frazer's Note

stowed on Mr. Thomas Warton. is this :

Dr. Joseph Warton (a critic and a

poet) was sometime since Master of “This Act (viz. 21 G. III. c. 53) relates

Winchester School. His brother, Mr. only to Marriages solemnized in Churches

Thomas Warton, (a critic, likewise, * Upon comparison, I perceive, that

and a poet) was a Fellow of Trinity Mr. Hardy has adopted, with little or no

College, Oxford, but had not taken Variation, Judge Christian's note, in the his Doctor's degree. extract given by you in p. 236, and ob Yours, &c.

J. F. served upon by Z. A.



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1820.] Effigies of Dr. Donne, under St. Paul's.

113 Mr. URBAN,

Feb. 11. This figure of Dr. Donne, my ima. N my early years I had the pleasure gination has often dwelt upon with

a pleasiog kind of melancholy and. racier and writings of that distinguish. admiration, of the fortitude wbich ed poet and Divine Dr. Donne,who was

dictated to him the singular thought Dean of St. Paul's in the reign of James of enrobing himself while living, in the First. Among the occurrences the habiliment of the dead. of his life I was particularly struck A sbort time since, baviog a desire with one which took place near the to see the burial-place of our great close of his wearisome pilgrimage. Naval Commander, I visited the crypt His physician, Dr. Fox, perceiving of St. Paul's; and having viewed the him to be near his end, and finding Hero's tomb, rambled under the vault. hiin perfectly cheerful and resigned, ing that supports the master-piece of proposed to bim, that after his de Sir Christopher Wren. Upon coming parture a monunent should be erected to the Eastern extremity, I discovered to his memory, to which the Dean an effigies which I immediately recog. very readily acceded, and, without in- nised as the identical figure of Dr. forming the Doctor of his particular Donne*, which I had so frequently intention, soon afterwards sent for a contemplated through the obscure mecarver, to make for bim in wood the dium of description. This inimitable figure of an uro, giving him direc- piece of sculpture, according to the tions for the compass and height'of statement of Sir Henry Wotton, seeing it, and to bring with it a board of , to breathe faintly; and he adds, that the height of his body. These being posterity shall look upon it as a kind prepared, a choice painter was of living miracle ; for he never could readiness to draw his picture, which have anticipated the arrival of an was taken as follows: Several char æra when this curious resemblance coal fires being first made in his study, of his much-esteemed friend should he brought with him into that place be ignominiously cast aside like a his winding-sheet, and having put off broken vessel. Upon a close inspec. all his clothes had this sheet put on tion of every part of the figure, I him, and so tied at his head and feet, had the satisfaction to find that it and his hands placed, as dead bodies has not sustained the slightest daare interred. Upon this urn he thus mage, although rescued from the stood with his eyes shut, and so much embers of so vast a ruin. Its present of the sheet turned aside as to shew situation, however, exposes it to every his face, which was then lean and injury; the urn lies near it upon the death-like. This picture being finish- ground, and may be tossed about by ed was set by his bedside, where it every wanton or idle foot. .continued till bis death, when his exe I consider, Mr. Urban, that it would cutor Dr. King, Bishop of Chichester, do honour to the taste, I bad almost caused him to be carved in one entire said piety, of any person who has piece of white marble, and placed in sufficient influence, were they to ei. the Cathedral Church of St. Paul's. ert it in causing the effigies of Dr. Upon the urn was a Latin inscription, Donue, Dean of Si. Paul's, to be rewhich I shall not trauscribe, as it moved from its present state of obhas been many times printed ; nor scurity and degradation, to some conneed I remark, that the Cathedral spicuous place in the Cathedral. was destroyed in the fire of 1666, It is worthy of remark, that while suand consequently every monumeut perb monuments in commemoration of it contained buried in its ruins. literary great pess, unwearied Phi.

* To illustrate the observations of our Correspondent, an accurate resemblance of this curious figure is here annexed (see Plate II). It was carved by Nicholas Stone, who received for it 1201. This fine carving (which Mr. Gough described, on a visit to this crypt in 1783) had been by some accident removed from its place, and thrown into an obscure corner, among some old lumber; in which situation, Oct. 3, 1786, it was discovered by Dr. Ducarel and Mr. Nichols, and restored to its proper place.--- Among the other fragments of Monuments noticed by Mr. Gough, were those of Sir Thomas Heneage, to the knee; his lady perhaps ; Sir John Wolley (only half of his head gone); his lady perfect ; a half-length of Sir Nicholas Bacon ; a whole figure of a Lady, (query bis wife); Sir W. Cockayne, Alderman (a bust in a gown), and his wife, &c. &c. Edit. Gent. Mag. February, 1820.


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