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trees of Queen Elizabeth's Walk which were close adjoining.

Mr. Jesse says also in the same letter that "the foot-path across the park from Windsor to Datchet has existed for centuries, and is the only one in the park." That which I have described above, as entering near the Castle and passing to Datchet, had existed for centuries, but that to which he alludes, as I have stated, was quite modern. Nor was there " only one path through the park, for I have shewn that there was one from the Castle to Datchet, and another from the Castle to the Ranger's Lodge. Hence Mr. Jesse's reasoning on the subject entirely falls to the ground.*

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Mr. Jesse also, in his "Gleanings," endeavoured to strengthen his argument by the description he gives of this tree, which is certainly an ancient and a damaged one. A reference to the print of it however, which he has given in his " Gleanings," will shew that, though old and decayed, there is nothing which indicates magnificence or grandeur. But the real Herne's Oak was a majestic ruin, of very great antiquity, and obviously of superb dimensions. It stood so very near to Queen Elizabeth's Walk that I cannot have a doubt but that, if it had not been considered a great curiosity at

that period, it would have been taken away when that avenue was planted.

It has been supposed that that part of Queen Elizabeth's Walk consisted originally of three rows of trees, though scarcely any remain which can be considered to have formed the row on the north side. If this were the case, the real Herne's Oak must have stood exactly in that line, and probably it might be intended to mark its conse. quence by its being included in a conspicuous part of the avenue. But this supposition furnishes another proof of Mr. Jesse's mistake, as his tree must have been in the middle row, and consequently hidden from public observation in all directions, which can never be supposed would have been done to the real Herne's Oak.

The tree, which I drew as the real Herne's Oak in 1788, was alive at that time, and had a small portion of foliage. In the following year it put forth a few leaves, and in 1790 it ceased to vegetate. It was afterwards felled by the order of George the Third. It was understood at the time that his Majesty had been advised by his farming agent to cut down several trees in the Little Park, which were entirely dead, and that a general order for that purpose was accordingly given and acted upon. Herne's Oak was

* It appears that Mr. Jesse, in his letter to you of Feb. 24, 1840, admits that he was in error respecting the foot-paths, but he perseveres in the same opinion concerning the tree, and rests his argument on what was stated to have been said by their Majesties King George the Third, and King George the Fourth. The former, it seems, had different opinions upon the subject at different times. Whether either of their Majesties entered more into the question than in listening to what they occasionally heard from those with whom they conversed, I am not competent to determine. There were eminent men living at Windsor at the time I allude to-Bishop Douglas, for instance, then Dean of Windsor, and several of the Canons (among whom were Mr. Cornewall, afterwards Bishop of Worcester, Mr. Majendie, afterwards Bishop of Bangor, Mr. Fisher, afterwards Bishop of Salisbury, and Dr. Hallam, Dean of Bristol, and Mr. Wilson, the Preceptor of Mr. Pitt),-Mr. Salusbury Brereton, an antiquary of note, Dr. Heberden, Dr. Lind, Dr. Biddle, Mr. West, and other respectable persons whose families had long resided there. The general opinion which then prevailed was decidedly that the tree felled by George the Third was the real Herne's Oak. It is clear that the author of the article in the Quarterly Review on Loudon's "Arboretum et Fruticetum Britannicum," was convinced that the general opinion coincided with that which I have maintained. After such a lapse of time I cannot take upon myself to assert that I ever heard any of the persons I have alluded to express an opinion upon the subject, except Dr. Fisher and Mr. West. All I mean to say is, that when a general opinion prevailed where men of eminence resided, it afforded a very strong presumption that it was founded on good authority. I am very certain that such a person as Mr. West, living, as he did, in the best society and possessing so much taste and talent, would never have taken such an interest in the tree, unless he had been persuaded on the best authority, that it really was that which Shakespear has described.

amongst the number, most seriously to the regret of all who were interested in the subject.

Mr. Knight, in his Pictorial edition of Shakspere, has entered much into the merits of the question, and inserted prints illustrative of the different opinions. That which is placed at the commencement of the fifth act is obviously the same tree of which I made a drawing in 1788. I admit that, to give it a marked character, I took a little liberty by introducing the Castle. By reference to the plan of the park, in your Magazine for April, an accurate eye may perceive that, in the direction in which the tree is drawn, the Castle could not be seen. For this purpose I merely turned a little to the right hand, without moving from the place where I stood. In all other respects the drawing was an accurate portrait. Mr. Delamotte, it appears, (or rather perhaps I should say Mr. Ralph West, from whose sketch Mr. Knight tells us Mr. Delamotte's was taken,) has also introduced the Castle.

Yours, &c. A. E. HOWMAN.

MR. URBAN, Islington, April 8. THE following observations on the custom of setting up the Royal arms in churches, may serve as a reply to the question of your correspondent CLERICUS (Minor Corr. April 1841).

Dr. Burn, having mentioned the great Bible and book of Common Prayer, the font, communion table, pulpit, and chest for alms, with other things required by the Canons and Rubric, says, "Besides what hath been observed in particular, there are many other articles for which no provision is made by any special law, and therefore must be referred to the general power of the church wardens, with the consent of the major part of the parishioners as aforesaid, and under the direction of the ordinary; such as the erecting galleries, adding new bells . organs, clock, chimes, King's arms, and such like." Eccl. Law, 1824, I. 374.

Amongst the records at Lambeth (Chartæ Misc. tom. ii. No. 13.) is a curious document, of which I send a transcript. It seems to confirm the opinion, that the practice under consideration is not required by law, but only observed from custom.

It is a

grant from Abp. Abbot, to one John Sergent, to paint the King's arms, &c. together with a prayer for the King, in all the churches within the province of Canterbury.

The custom does not seem to be mentioned by Fuller, Collier, Sparrow, Strype, Burnet, or Cardwell, nor have I ever seen any allusion to it in articles of inquiry or visitations.

Yours, &c. HENRY GOUGH.

To all Christian people to whome this preasent wrightinge shall come to be read, harde, or vnderstood, George by God's providence Archbishoppe of Cant. Primate and Metrapolitan of all England (*within the province of Cant.) sendeth greetinge in or Lorde God Everlastinge. Forasmuche as we, vnderstandinge that greate deformytie appeareth in divers Churches and Chappells wthin this his Maties Realme of England (and or province of Cant.) they beinge verie negligently kepte, And not in such decent manner as they oughte to be, And for that in or late Soveraignes Raigne of famous memorie we have observed that her Maties Armes weare aptlie placed in all or moste part of the Churches and Chappells whin this saide Realme, (and or province) And for that or Soveraigne Lord and Kinge James hath in like manner moste zealouslye and constantlie declared his princely care, providence, and protection of God's Church, And the true and Christian Religion established amongest vs. Knowe ye that we have lycenced, and by these preasents doe lycence and aucthorise, or welbeloved in Christe John Sergent of Hytchen in the Countie of Hertford Paynter stayner, to Survey and paynte in all the Churches and Chappells wthin this Realme of England (wthin or province) the Kinges Maties Armes in due forme wth helme crest mantell and supporters as they oughte to be, together wth the Noble younge princes, And to wright in fayre text letters the tenn Commaundements the beliefe and the Lords prayer wth some other fruitefull and profitable sentences of holye scrypture, And prayer for his most excellent matie as to hym is Directed, wth the advise of the mynister of suche Churches and Chappells where he shalbe so employed, as may serve for the better ornament of the same, And for the edifyeing and instucc❜on of all Christian people vseinge and resortinge vnto them, whose skyll experience and vnderstandinge in

*These words, and the others within parentheses, are interlined in paler ink.

this busynes we knowe to be most sufficient and very good, Chargeinge and commaundinge all Churchwardens and sidemen presently vpon the sight heareof to ayde further and assiste the saide John

Sergent or his sufficient deputie in the performemance of the premisses where neede shall require, and where such ornaments are wantinge, as they tender theire duetie to Allmightie God, and the King's most excellent Matie, accordinge as we expect, or upon yor contempt you shall heare from vs in Another kinde. And this o' Lycence to contynue so longe as he shall lawdiblye and honestlye behave hymselfe in this service, takeinge for his worke and paynes no more then he shall well deserve, And shall reasonablie agree for with the Churchwardens of every such Church and Chappell, And vntill we shall understand all the said Churches and Chappells, togeather wth theire Chauncells, so to be Decently Adorned as aforesaide. In witnesse whereof, we have hearevnto set or hand and Seale of Office this of 1614. And in the Twelveth yeare of the Raigne of or Soveraigne Lorde and Kinge James, by the grace of God of England, Fraunce and Irelond, And of Scotland the Eight and fortieth, Defendo' of the Faythe, &c.

[ENDORSED.] The letter to be sente by Norwich Cart to be left at the syne of the Bell in Thetforde, to be sent to Mr. Wm. Barret, of Mones........in Norff.

The seal and signature are wanting. The latter was probably upon the slip of vellum to which the seal was affixed.

April 13.

MR. URBAN, THE western front of Crowland Abbey is one of the most elaborately ornamented by figures of all our remaining ancient ecclesiastical buildings in this country; by no means inferior for proportions to Wells in Somersetshire, and decidedly superior to the cathedral of Exeter. Its earlier portion has been fortunately preserved by the northern transept having been converted into the present church, which not only afforded support to this beautiful ruin, but maintained its solemnity as a place of devotion. But this additional support was found wavering in its stability; for the window of the tower on the north side has been sacrificed, and close buttresses introduced to support it also.

With regard to the figures which ornament the niches (originally twentyfour) there are but twenty remaining, and they are so beautiful as to be

worthy of preservation; I say this now, as they are, at this instant, in great danger from the base of the arch of the window on the right side having bulged, and the key of the arch at the point given way. At the period when the key of the arch gave way originally, brick-work was substituted, and at that time the three figures which ornamented the space were not restored to their original position, perhaps on account of their weight. One of them I trace to the bridge, and it is represented in most views of that singular structure. Although now on the south-west, it was, in the memory of the neighbours, on the opposite side; the other two were probably destroyed. Upon a close examination I find the figure on the bridge too large for it, and thereby entirely out of proportion, and although it has been sometimes asserted to be Ethelbald the builder of the bridge, I believe I shall shortly prove that it was not made for that situation. The figures ornamenting the western front of the church are most of them of a regal character and wear crowns, and are of the period of our first Edward in workmanship and costume, and the figure on the bridge wears a crown similar. In sculpture, as the object rises above the eye, the figure is less elaborate in workmanship. This will be found in all sculpture and architecture, and sharpness is substituted, and hence that squareness in those works for elevated situations by Phidias, &c.

The thighs being comparatively short in this figure, and the folds of the drapery few but deep, together with its more than natural tallness, induces me to believe that it was made to be seen from a great height; had the thighs been longer, the head only would have been seen resting on the knees or awkwardly between them, when in its original situation. The introduction of the figure on the bridge is injudicious, as it throws a beautiful construction into a diminutive scale.

The doorway is a specimen of exquisite carving, and gives the legend or history of the original foundation. Its execution is as fine, together with the figures in the tier, as those in the monument of Aymer de Valence in Westminster Abbey, and appear to be

by the same hand, and this, for an exterior part of a building, is somewhat remarkable, and as such worthy of notice.

To show how these remains are become injured, I need only state a case that occurred to me while there. A farmer who resides on the spot seeing me engaged came up and asked me, when about to leave, "if I had seen the sow, with a litter of pigs;" if not, he would show me them. On approaching he said "there they are," chucking up a large stone at the words. I could not help gently reproving and reminding him that it was not only a bad example, but if every one was to do the same thing, the beautiful work would be sooner effaced through ignorance and uneducated zeal, than by the rapacious acts of "Oliver Cromwell."

The Marquess of Exeter is the owner of the land, and from his Lordship's taste I doubt not, on a fair representa tion of the present state of the abbey, steps would be taken to preserve the figures from being destroyed in their downfall, for it is next to an impossibility that they can remain long in their present perilous situation. Yours, &c.

THE ITINERANT ANTIQUARY.

MR. URBAN,

Cork, May, 18. ALL communications from Paris, at this moment, represent the popular feeling as most intensely excited by the letters imputed to Louis Philippe, for the publication of which the legitimist journal, La France, was lately prosecuted. The advocate for the defence was M. Berryer, one of the most eminent and, probably, the most eloquent member, not only of the bar but of the legislature. In his appeal to the jury he laid deep stress, because well aware of its influence, on the kindred case of Peltier, who, in 1803, was arraigned in London, at the suit of M. Otto, the French Ambassador, for various libels on Bonaparte, then chief of the government, First Consul; and concluded with the bold assertion, as a precedent of authority and imitation, that our jury, without quitting the box, had instantly pronounced a verdict of acquital. "Sans même prendre la peine de rentrer dans la chambre de ses delibérations, le

jury rendit un verdict de non culpabilité," is the astounding averment of the great orator. I scarcely know how to characterize either the hardihood of the declaration, or the silence, both in France and England, which would appear to sanction it; while nothing can be more certain than that Peltier, whom I personally knew, was found guilty with the precise promptitude of decision which M. Berryer attributes to his acquittal. "The jury," says Howell, (State Trials, vol. xxviii. page 619,) "without retiring from their box, immediately returned a verdict of GUILTY." So likewise affirms the Annual Register, (vol. xlv. p. 600-617); and M. Bignon, the authorized historian of the prosecutor, with as little ambiguity, repeats the fact, (tome iii. p. 11.) "Le ministère Anglais fit poursuivre le rédacteur de l'Ambigu, par l'Attorneygénéral-Dans cette marche, suivie par le ministère, le Premier Consul vit plutôt une injure nouvelle qu'une réparation. Ce procès reçut en effet un grand éclat du brillant plaidoyer que prononça en faveur de l'accusé Sir James Macintosh. Cependant Peltier fut déclaré coupable; mais, dit Sir Valter Scott, le jugement ne reçut point d'exécution," &c. The sentence was not followed up; war having immediately succeeded, as Sir W. Scott (vol. v. p. 11,) observes; at which the accredited annalist of Bonaparte is highly indignant, as if the execution of justice should fluctuate with the varying aspect of political events, or international relations. Every other French writer of the period unequivocally confirms the damnatory verdict, of which it is hardly possible to suppose M. Berryer uninformed; and how then are we to view his contrary statement, so demonstrably fallacious? Great allowance may, doubtless, be made for an advocate in defence of his client; but, surely, not to the latitude here assumed by M. Berryer, who must have reckoned as much on the ignorance of the adverse bar as on that of the jury, with whom the asserted example of their English prototypes was calculated to produce a deep impression. The analogy of the trials was striking, and so too were many connecting circumstances. Sir Walter truly remarks, that the First Consul

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Battle of Beaugé.-National consciously felt that he himself, rather than Peltier, was tried before the British public; and we may well ascribe the same sensation to Louis Philippe, though before a different tribunal. The mighty fame and brilliant efforts of the respective counsels equally created and fulfilled the highest expectations; while the libellous grounds of prosecution on both occasions appear to transgress alike the bounds of truth and decorum; or, if truth there was- it was "dashed and brewed in lies." Peltier's reputation was not the purest; and, of the Contemporaine, who pretends to the possession of the original letters, it is sufficient to say, that she is the Harriette Wilson of France, in her own unblushing portraiture, under the fictitious name of Madame de Saint Elme, embracing a series of adventures that fill six ample tomes 8vo.

Claiming for a moment your further indulgence, Mr. Urban, I hope I shall be allowed a cursory advertence to a misrepresentation of one of our leading periodicals, and therefore, the more necessary to correct, which has

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just caught my attention. In an elaborate article of Blackwood's Magazine for this month, on the Wars of the Scots in France," not only is the exclusive merit of the victory of Beaugé against the English under the Duke of Clarence in 1421, ascribed to the Scots, but, with the exception of a few French, they are represented as the sole combatants; whereas, in truth, they were mere auxiliaries, and under the superior command of Marshal La Fayette, (Gilbert le Mottier,) ancestor of the late celebrated General, though this Marshal's name is suppressed in the recital. A French chronicler, Monstrelet, contemporaneous with the action, on the other hand, omits all distinctive mention of the Scots in his narrative; and not one appears in the enumeration of those who fell in the battle, which he describes (livre i. chap. 249,) as "très âpre, dure et cruelle." There can, however, be little doubt that its success was mainly due to the Scotch; and Buchanan's assertion of it for his countrymen is, accordingly, well founded. "Cum hujus victoriæ laus præcipua, etiam

Partiality of Historians. [June, invidis non repugnantibus, penes Scotos esset," &c. (page 337, edit. 1668, Elzev.) but it is quite unfair to exclude their French superiors from a participation in the achievement, as the writer in Blackwood, and, still more, Hume, who passes them in utter silence, are anxious to do. The national and characteristic bias of their country is here apparent, beyond even what could be reproached to Monstrelet, who may have included the Scots under the general designation of "les Dauphinois," or adherents of the Dauphin, afterwards Charles the VII. Hénault (Hist. de France, anno 1421) is more equitable; for he admits the special share of the Scots in the victory, "La bataille de Beaugé fut gagnée par le Maréchal de la Fayette... Le Comte de Douglas (read Buchan), qui lui avoit amené 7000 Ecossois, eut grande part à cette victoire, et fut fait Connétable." But Dr. Lingard is more distinct and impartial. "To oppose Clarence, La Fayette had assembled an army of the natives, to whom he joined five to seven thousand Scotch auxiliaries. This victory raised the fame of the Scots," &c. (vol. v.)

It would be no difficult task to collect proofs of the most glaring national injustice in most historians, ancient or modern; but I hardly know a more striking instance of it than in the omission of the name of Nelson in the report of the victory of Trafalgar, by the authors of the voluminous monument raised to revolutionary France: "Victoires, Conquêtes, Désastres," &c. The preceding triumph of 1797, under Lord St. Vincent, is even wholly overlooked by Montgaillard, Thiers, and others. We are, indeed, too often reminded of Sir Robert Walpole's disparaging definition of history, on comparing the contradictory averments of writers, under this all-powerful influence. Cicero

says,

"Historia, quocumque modo scripta, placet," an assertion certainly too vague and general in its application, and susceptible, at least, of Voltaire's exceptional reserve, "Tout genre est bon, hormis le genre ennuyYours, &c. J. R.

eux.

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