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1823.]

On Dilapidations.-Ring with Portrait of Charles 1. 207

tion may well be deducted, and ought to be reckoned amongt the debts.Lind. 250.

The rectory or vicarage, and other buildings which belong to the parson, and where the Ecclesiastical goods or profits of his cure are not sufficient, hath been questioned; but if he hath employed them in improving his patrimony, or if, by too much attention to his worldly affairs, he hath neglected his Ecclesiastical, in these cases he is bound to make satisfaction out of his patrimonial goods.-Ibid.

If they are insufficient, then so far forth as the goods will extend: having regard to the exigencies and quality of the thing to be repaired, so as the same be for necessity, and not for pleasure; and in case of death, this is a demand upon the Incumbent's estate, subject to the previous payment of his debts.-Degge, p. 1. c. 8.

The repair is also decreed to be done as need shall require, or the interposition of the Bishop may be obtained. -Athon. 112.

The parties may and often do agree upon a certain sum to be laid out, or paid over.

The stat. of 13 Eliz. c. 10. gives the legal remedy against the avoiding such repairs by any deed or gift, or otherwise, which statute has been continued by 16 Car. I. c. 4. and is understood to comprehend fences, and to extend to executors. Gibs. 752. 2 Bulstr. 279. 3 Bulstr. 158. 3 Inst. 204. 3 Keb. 619. But whether this statute is still in force has been questioned.

Although the remedy seems most properly reserved to Ecclesiastical Courts, yet it has been also held that a special action at law will lie against the party, or his executors or administrators. Deg. p. 1. c. 8. Wats. 39. 1 Bac. Abr. 63.

It is also understood to apply to the Incumbent, and not to any curate or parson not inducted. 3 Keb. 614.

And the subsequent statute of 14 Eliz. c. 11, provided that all sums recovered for this purpose shall be employed upon the buildings and reparations within two years after recovery thereof, on pain of double the amount to the crown ;and this sum is to be laid out by the succeeding Incumbent, and not by the Executors. Gibs. 754.

At the last assizes for Kent, a cause of this nature was tried, in which the new Incumbent of Detling recovered against the executors of the deceased vicar, who had held the living up

wards of 40 years, 3751. for estimated dilapidations; although it was alleged in the defence that the house had not been inhabited for many years previous to the time of the late Incumbent's coming to the living. Architects were examined to prove estimates to the amount of 520. It did not appear whether he had inhabited the vicarage house, but if it had not been inhabited for so long a period, a considerable decay must necessarily have ensued, and this may have been one reason for its remaining so long unoccupied. In such a case as this, therefore, the burthen falls heavily on the representatives of the last Incumbent, who are now saddled with this amount of damages, besides the encreased costs at law, for the repairs, which kind consideration of the fortune of the former Incumbent or his widow had induced him to forbear. Now, had the plan which I have ventured to recommend been the established law, no such vexation could have occurred.

Upon the whole, it seems most desirable that a full and mature consideration of the law as it stands should take place, with cool deliberation, before any such measure as I have ventured to suggest can be publicly proposed; and the communications of your Correspondents may greatly assist in this necessary investigation. A. H.

YOUR

Mr. URBAN, Sept. 3. YOUR Correspondent "X." has given a very interesting account of a curious antique ring, containing a Portrait of Charles the First; and his general remarks are highly entertaining. As it will neither lessen the value of the trinket itself, nor diminish the interest excited by "X.s" very excellent letter, and as it may afford amusement to him and some brother Antiquaries, I will also describe a very similar article, one at the least as curious, and shewing that the treasure discussed by your Correspondent is not unique, and may be rivalled by many of a similar character.

I cannot at this distance of time, for many years have elapsed since Í saw it, trace the pedigree of the ring, which I shall describe; but that it is of genuine antiquity is unquestionable; the mark of age is upon it.

The ring itself was of pure gold, plain, and without jewellery or ornament of any kind; on the top of it was an oval of white enamel, not more

then

208

Ald. Humble's Epitaph.-W. Strode.-Rev. J. Lambert. [Sept.

than half an inch in longitudinal diameter, and apparently about the eighth of an inch in thickness; the surface was slightly convexed, and divided into four compartments; in each of these was painted one of the four cardinal virtues, which, althongh so minute as to be scarcely perceptible to the clearest sight, by the application of a glass appeared perfectly distinct; each figure was well proportioned, and had its appropriate attribute. By touching a secret spring, the case opened, and exposed to view a very beautifully painted miniature in enamel of the unfortunate Charles, with the pointed beard, mustachios, &c. as he is usually pourtrayed, and from its resemblance to the portraits generally seen of this Monarch, wearing every appearance of being a strong likeness. Within the lid of this little box, for box in fact it was, were enameled on a dark ground a skull and cross bones. I saw this ring in the possession of an old lady of the name of Hennand, in Paradise-row, Chelsea*.

While speaking of Charles, allow me to observe, that I have frequently seen in the chamber of my late friend, Oliver Cromwell, esq. of Cheshuntpark, a very beautiful miniature painting of this victim to the ambition of his extraordinary ancestor, the hair of which is wrought in needle-work, as the family tradition declares, with the hair of the murdered Monarch. F.S. A.

Mr. URBAN,

Aug. 20.

N the venerable Church of St. Mary Overies, Southwark, is a monument to the memory of Rich. Humble, Alderman of London, on which is the following poetical inscription: "Like to the damask rose you see, Or like the blossom on the tree, Or like the dainty flower of May, Or like the morning of the day, Or like the sun, or like the shade, Or like the gourd which Jonas had; Even so is man whose thread is spun, Drawn out, and cut, and so is done! The rose withers, the blossom blasteth, The flower fades, the morning hasteth, The sun sets, the shadow lies,

The gourd consumes, the man he dies."

I had somewhere heard these lines ascribed to Quarles, the well-known author of " Emblems," &c. and I hinted as much to Mr. Nightingale,

* Mrs. Rebecca Hennand was buried at Havering Bower, Feb. 13, 1809. EDIT.

who in the recently published description of the Church, p. 92, agreed with me, and thought the figurative language of the inscription might well enough justify a conjecture of that kind.

When, however, I read the poem by Strode, entitled "Of Death and Resurrection," in the July Mag. p. 8, so exactly resembling the above, not only in language and idea, but possessing all its quaintness of expression, so much so as to appear parodies on each other, I could scarcely fail in concluding that they were both written by the same person. I therefore send you the above copy of the inscription, on which perhaps Eu. HOOD may be able to throw some further light.

The monument has no date, nor is the period of its erection given by Mr. Nightingale. By the prose inscription on it, it appears to have been erected subsequent to the year 1616, by a descendant or relation of the Alderman. The style of the monument well agrees with the period at which both these poets lived, and it therefore affords no conclusion as to which of them the inscription was written by. As, however, such enquiries are, I believe, agreeable to the readers of the Gentleman's Magazine, you will probably think the above observations worthy of notice.

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In the same Magazine a passage in the Obituary article on the Rev. J. Lambert, p. 85, calls for some explanation +. However we may admire a man whose conscientious scruples prevented him from advancing his worldly interest (a circumstance very uncommon in these days), yet I cannot understand what is meant by saying he 'gave up the doctrines of Athanasius, and adopted the precepts of our Saviour." Myself a member of the National Church, and consequently an Athanasian, I was surprised to see the doctrines of Athanasius opposed to those of the Founder of our Faith. As I understand the passage, it should read, he gave up the doctrines of Athanasius for the heresy of Arius.

Happily unaffected by the liberalism or latitudinarian principles of the day, I can look upon a man who denies the Trinity, and despises the atoning sacrifice of Jesus Christ, in no other light than an Infidel. E. I. C.

The article was inserted entire, as sent by a Correspondent. EDIT.

Mr.

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1823.]

Raynton's Monument at Enfield, Middlesex.

Mr. URBAN, Aug. 23. N your Review of Dr. Robinson's History of Enfield (see Part i. page 622), you noticed the singularity of a Lord Mayor of London being represented on his monument in armour. A further account of this Monument will, I think, be gratifying to your Readers, whilst it will at the same time afford a pleasing specimen of the satisfactory manner in which the Monuments are represented in Dr. Robinson's valuable work. (See Plate II.) Yours, &c.

N.R.S.

"Against the North wall in the Vestry-room, there is a large superbly ornamented Monument. Under a canopy of two pillars of black marble of the Corinthian order is the figure of a man in armour, with a close black cap, or coif, and a ruff, his head resting on his right hand and a cushion; wearing the robe of a Lord Mayor of London, a collar of SS, and a portcullis, with badge appendant; in his left hand the handle of a sword, the blade of which is gone; over the feet his crest. Above him, on a tablet of black marble, is the following in scription:

"Hic requiescit, in spe beatæ resurrectionis, vir pius et honorabilis dominus, Nichelaus Raynton, miles, olim Reipublicæ Londinensis Vice-comes per 24 annos, Senator, Prætor, Justitiarius Pacis, Præses Hospitalis Bartholomæani, pater patriæ dig nissimus. Anno Xti 1646, ætatis suæ 78, die 19 Augusti mortuus est, 15 Septembris sepultus, una cum pia & charissima uxore sua domina Rebecca Raynton, anno Xti 1640, in cœlum præmissa.

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Epitaphium.

Concilium regni sextum durabat in annum, Terminus & belli jam quadriennis erat. Occubuit celebri Rayntonus in urbe Senator, Prætor, eques, patriæ pro meritisque pa

ter,

Justitiæ custos, constans et pacis amator, Præsidium miseris, auxiliumque bonis, Cum consorte thori clausus jacet hocce sepulchro,

Donec eos Xti vox revocabit humo."

Below the man, the figure of a lady, habited as Lady Mayoress, with ruff and chain; her right hand comes out from under her, her left hand holds a

book. Below these two large figures are smaller figures, of a man and woman kneeling at a desk with books before them. Behind the man two sons kneeling; behind the womati three daughters, also kneeling; and an GENT. MAG. September, 1823.

are

209

infant in a cradle at the foot of the desk between the man and woman; and over the desk, in Roman capitals, the following inscription:

"Heare lyes the boddyes of Nicolas Raynton, esq. and Rebecca his wife, who dyed in the yeares 1641 and 1642, and had issue three sonnes and three daughters, viz. Nicholas, now liveing (Thomas deceased), Thomas, Rebecca, Anne, and Elizabeth, also now liveing."

The centre shield, Sable, a chevron cotised between three cinquefoils Or. Raynton; over which is the crest, on a wreath, a Gryphon's head couped Sable, beaked Or, charged on the neck with a cinquefoil of the last.

The arms on the top of the pediment of this Monument, on a shield, are erroneously painted: they should have been thus: Azure, a lion passant guardant between three pheons Or, with the arms of Ulster as a baronet. Wolstanholme.

On the dexter side of the monument, on a shield Raynton: impaling Moulton, Gules, a chevron Argent, fretty Sable, between three mullets pierced Or; and on the sinister side, Moulton single.

When Alderman Raynton was Lord Mayor of London, he was committed to the Marshalsea, and several noblemen were committed to other prisons, for neglecting to procure the King the loan of 2000l. in the city, and the Attorney General was ordered to prose cute them. After the Scots took Newcastle, and offered the city a free trade in coals, the Lord Mayor, &c. presented a petition to the King to call a Parliament. The King's affairs obliging him to repeat his application for a loan: it was granted t.”

Mr. URBAN,

Aug. 25. HEREWITH I send an account of the ancient mansion house called Breakspears, in the parish of Harefield in the hundred of Elthorne, in the county of Middlesex, three miles from Uxbridge, and eighteen from London; formerly the seat of the Ashbys, now the resi dence of Joseph Ashby Partridge, esq. to whom my best thanks are due for the polite attention paid to me and my friend during our searches respecting the family. Mr. Urban's pages * See Betham's Baronetage, II. p. 363. + Maitland's Lond. 203-206. have

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