twenty-eight gallons from every brew, paying twopence for them, or giving a tally, and so long as the woman kept the tally they could take no more beer from her, Rocheford, the deputy sheriff, now took twopence instead of beer, and took beer (or twopence) on the last as well as on the first day of sale, and also took beer from those who held outstanding tallies; and it is prayed that this may be amended. What was done in the matter is not stated.

Of "purprestures" (enclosures) by the churches of St. Nicholas, St. Michael, Holy Trinity, and St. Kineburge, the eyre said they were not to the damage of the town, and that they might therefore remain, and be not further presented.

Willelmus le Sauuner killed Thurstanus le Sauuner, and was in ward at the North-gate, and escaped, and William was held to be guilty and outlawed-no "murdrum" (penalty) against the town. William's goods were assessed at 2s., for which Richard Burgess, the deputy sheriff, was held responsible, as also for one year's rent of his land to the king, and the land to be forfeit to his lord, the abbot of Gloucester. There are other cases of this kind, and Mr. Maitland says, p. 153-"It is a question of some little importance whether land in Gloucester would escheat propter delictum, because this bears on a very interesting and unsolved problem in our legal history, the origin and value of the so-called statute, Prerogativa Regis. According to that document (cap. 16) it is said that the lands of felons in Gloucester (the English translation says in the county of Gloucester, but the Latin text does not bear this out) do not escheat, and in Kent, 'the father to the bough, and the son to the plough.' As to Kent, it is well known that the exception became admitted law (Hale, P.C., vol. i., p. 360). . But I am not aware that any notice has ever been paid to what is said in the Prerogativa about Gloucester." Gloucester, however, has its local customs as well as Kent, as appeared four or five years ago upon the trial in which "Borough English" was proved to be an existing custom.* Whether it ever enjoyed freedom from escheat is now immaterial, since by 33 and 34 Vic., c. 23, s. 1, "no confession, verdict, inquest, conviction, or judgment for any treason, or felony, or felo de se, shall cause any attainder, or corruption of blood, or any forfeiture of escheat."

Amongst other findings are these:

The church of St. Mary, in the midst of the town [St. Mary de Grace, where the Tolsey now stands], is of the gift of our lord the king, and William Horheugh hath it by gift from our lord the king. The church of Holy Trinity [which stood in the West-gatestreet, near the Upper College-court] is in the same manner in the gift of our lord the king, and Decanus de Burshom hath it by the same gift.

The church of St. Nicholas in the same manner, and William Circuel holds it by gift of our lord the king.

For a report of this case of Gardner v. Gardner, involving the question of "Borough English," see vol. ii., pp. 452-57.

The escheators say that land which belonged to Eli the Jew is escheated to our lord the king, and Simon Cook hath it by the same gift. Its value is one mark.

These are a few specimens from more than five hundred cases in the county of Gloucester and the cities of Gloucester and Bristol. The rest may be summarised thus-One William has been slain ; the jurors suspect Roger, who has fled. On this there follows at once the order that Roger is to be demanded of the frankpledge or hundred, or put in exigent in the county court, and thereupon to be outlawed; and according to Brackton, in the shires of Gloucester and Hereford, near to the turbulent Welsh marches, anyone might lawfully kill an outlaw, even though he made no resistance. The outlaw having fled, his chattels were forfeited, and the sheriff must answer for their value. In the case of homicide, the question was, Was it murder? for if so, a fine was due from the hundred. In accordance with the famous rule of William the Conqueror, the hundred in which a foreigner was slain was amerced, if the slayer was not produced, and it had become an established rule that everyone was to be deemed a foreigner unless his Englishry was proved. This could only be by his kinsfolk, and the number required for the purpose varied in the several counties. In Gloucestershire proof had to be given by two males on the father's side and one on the mother's side. The evidence of women was not admittted. It would seem that the evidence was given originally before the coroners in the county court, and was presented to the eyre with the witnesses, if deemed necessary. The judges then decided for Englishry or not. Many lords had charters exempting their lands from murder fines, and some towns also. Amongst these were London and Gloucester; and it appears by one of the records that there were no murders in that part of Gloucestershire which is west of the Severn, which probably means that no "murdrum" was payable in that quarter ("non jacet murdrum ultra Sabrinam"). Mr. Maitland says that if we were to regard an eyre merely as a mode of bringing accused persons to trial, we should have to regard this eyre as a wretched failure. Murders and

robberies had been in abundance, and the roll bears witness to an enormous mass of violent crime; but in far the greater number of cases either no one was suspected of the crime, or the suspected person had escaped, and no more could be done than to outlaw him, and to inflict pecuniary penalties on the ville or hundred.

The volume is one which cannot be studied without benefit to the reader; but the want of an index is a very serious and annoying defect.

EDITOR.

1545.-A STATUE OF EDWARD COLSTON SUGGESTED.-We have lately erected a statue of MR. SAMUEL MORLEY; we are going to pay a similar compliment to her MAJESTY; and it has even been suggested that a really good one of CHATTERTON would not be

altogether out of place in the city of his birth. Possibly it may occur to some minds, especially at this time of the year, that EDWARD COLSTON has scarcely been well treated in this respect. An Amercian visitor observed the other day to a well-known citizen, "Mr. MORLEY may have been a great man, but the Bristolians we know best are CABOT and COLSTON. We have heard

of them. Colston boys are to be met with in every part of the States, and yet, when I came here, I could not find a single likeness to his memory except on an old tomb [in All Saints' Church, Bristol]." The "foreigner" has certainly pointed out a blot on the escutcheon of our city. It does seem to be somewhat of a reproach to us that, when once a year Bristol goes almost mad in her endeavour to do honour to the great philanthropist, no memento, worthy of the name, has been erected in his honour on one of the many suitable sites that might easily be chosen. To commemorate modern worth is all very well in its way, but those who did so much in the distant past are certainly as well entitled to a bit of "dull cold marble as those who may have done as much to benefit mankind a year or two ago.-Bristol Times and Mirror, Nov. 11, 1887.

1546.-PRESTBURY CHURCH: MONUMENTAL INSCRIPTIONS.In the parish church of St. Mary, Prestbury, near Cheltenham, there are the following twenty-seven inscriptions*, of which accurate copies were taken in 1877 :—

1.

(Chancel.)

Sacred to the memory of Thomas Baghott De la Bere, Esq, | of Southam [in Bishop's Cleeve Parish], who died on the fifth of December, 1821, | in the 93rd year of his age, having gained by a strict integrity, a peculiar benevolence of disposition, and urbanity of manners, the esteem and affection of all who knew him.

2.

Sacred to the memory of James Agg Gardner, Lord of the Manor of Cheltenham, who died [at Hadley House, Cheltenham] the 12th of March, 1858, aged 53. This tablet is erected by his widow, | Eulalie Emily Agg Gardner.†

In memory at

3.

Elizabeth Harriet Susan Agg, who died November 26th, 1863, aged 16 years.

4.

(Nave.)

Christopher Capel, Gent.

Near this place lyeth the body of

He died

the 15th of May, 1740, aged 71. | Where also lyeth

An index to them has been given in vol. i., pp. 37, 38.

For inscriptions in memory of several members of this family, in Cheltenham parish churchyard, see vol. ii., p. 608. In the chancel of the church a window has been erected as a memorial of the abovenamed James Agg Gardner.

Sarah, his wife. | She died the 6th of Augst, 1733, | aged 68. | Also near this place are interred William and Sarah Capel, son | & daughter of the above. He died 12th June, 1732, aged 34. | She [died] 28th Nov, 1717, [aged] 21.

5.

Sacred to the memory of the Revd Christopher Capel, eldest son of the late | William Capel, Esquire, of Prestbury House. I He died at Cheltenham 8th October, 1846, | aged 66.

6.

In memory of Edwd Hatheway & Amy, his wife. He died ye 21st of July, 1754, aged 63. She [died] the 24th of June, 1747, aged 51. Also of Margt Carpenter, their daughter, who died Auget, 1738, aged 23. | And of Elizabeth Meekings, another daughter, who died | Dec, 1801, æt. 85. Also of | E. Ansell & Jane Holloway, two of her daughters.

7.

(North aisle.)

In memory of William Baghott, Esq., and Ann, his wife, daughter of John De la Bere, of Southam, Esq. He died Nov. 8, 1725, aged 70 years. | She [died] Oct. 31, 1739, [aged] 77 [years]. | They had issue, seven sons and eight daughters, the survivors of whom in gratitude and respect to their parents | erected this monument.

8.

Sacred to the memory of James Agg, Esq, of Hewletts, in this Parish, many years an active magistrate for this County, | and formerly Captain of Engineers in the Honble East India Company's Service, who departed this life January 14th, 1827, | aged 80 years. Also of | Edith, relict of the above, who departed this life September 19th, 1851, | aged 83 years.

9.

Underneath a slab in the churchyard | lie the mortal remains of the Revd Edward Southouse, Rector of Woolstone, in this County. Benevolent to all, he died sincerely regretted on the | 20th June, 1829, aged 61 years. | Also of Elizabeth, relict of the above, who died at Dibden, Hants, March 12th, 1846, aged 81.

10.

Sacred to the memory of Elizabeth [née Perring], wife of | Lieut Gen Thomas Molyneux, | who departed this life on the 24th day of December, 1831, | in the 63rd year of her age, and whose remains lie interred in a vault on the north side of this church

11.

Sacred to the memory of | Emilia, | daughter of Lieut General | Thomas Molyneux | and Elizabeth, his wife, who departed this life on the 25th of June, 1832, in the 28th year of her age, |

and whose remains lie interr'd | in the catacombs of St. Martin's | in the Fields, London.

12.

Sacred to the memory of Thomas Edwards, Esq, | who died August 30th, 1838, aged 74 years. Also of Jane, his beloved wife [daughter of Thomas Wathen, Esqr], who died Deer 26th, 1802, aged 35 years. She was the elder co-heiress of the ancient families of the De la Beres of Southam | and the Baghotts of this place.

13.
(South aisle.)

In memory of Harriet, relict of the late | Meredith Price, Esqre, who died 15th March, 1820, aged 56. | Also of Louisa Charlotte, their daughter who died 20th February, 1833, aged 40. | Also of Francis, their third son, who died at Cheltenham May 10th, 1859, | aged 63.

14.

Sacred to the memory of Mary Isabella, wife of Thomas Christie, M.D. Born on the 22nd Oct, 1787. | Died at Cheltenham on the 16th April, 1827. | Her loss will ever be most deeply deplored, as the best of wives, the most tender of parents, & the most affectionate of friends. | Also to Thomas Christie, M.D., of Cheltenham, late Medical Superintendent General of the Island of Ceylon. Born on the 2d of April, 1774. Died on the 11th Oct, 1829. His remains are interred, with those of his beloved wife, in a vault near the south-east corner of this churchyard. | Throughout a most useful and varied life he was ever regarded with the truest esteem and affection by all who knew him. | Their sorrowing children, who have raised this monument to their memory, are consoled by the blessed conviction, that for such as they have lost, death hath no sting, and over such the grave hath no victory.

15.

Sacred to the memory of Louisa Maria, | the beloved wife of the Rev. John Law Willis. She died March 7th, 1831, in the sixty-fourth year of her age. Also to the memory of the Rev. John Law Willis. He died Sept. 26th, 1841, | in the seventy-seventh year of his age. Sacred to the memory of Mary Heaton, I relict of the late William Pope, Esq., | of Hillingdon, Middlesex, and daughter of the late Sherlock Willis, Rector of Wormley, Herts. She died June 6th, 1823, | aged 59 years. Their mortal remains are deposited | in a vault near the south-east corner of this churchyard. | Also in the same vault lie the remains of Mary Sarah, daughter of the above Revd John Law & Louisa Maria | Willis, who departed this life July 21st, 1833, aged 42 years.

16.

George

Sacred to the memory of | Ann, the beloved wife of Smith, Esq, who departed this life March 8th, 1850, aged