The original Diary of Mr. Henry Townsend, of Elmley Court, Worcestershire, for 1640-2, 1656-61, is in the possession of Sir T. Phillipps, Bart., and has been recommended to the Camden Society to be edited by Mrs. Mary Ann Everett Green, whose intention, I believe, it is to do so this year (1856).
VACARIUS' ROMAN LAW.
A Manuscript was recently discovered in the Worcester Chapter library, which is believed to be unique in this country—at least there is no record of any similar one having ever been found here—it is Vacarius's Epitome of the Roman law. A description of this valuable manuscript was recently published in the "Legal Examiner" by Mr. Hastings, barrister-at-law, of Worcester. Vacarius was a celebrated Italian doctor of law, a native of Lombardy, who it is supposed was brought to this country by Theobald, Archbishop of Canterbury, and became professor of law at Oxford, in the reign of Stephen. There he introduced the study of the Roman law, just then reviving throughout Europe, after the discovery of the Pandects at Amalfi; there also he wrote his famous work, comprising an epitome of the whole Roman law, for the use of his very numerous pupils. At length, either through jealousy or Papal influence, he was forbidden to lecture, was banished from the University, and his books ordered to be destroyed. It is supposed that he himself took holy orders and retired to a monastery. Although his numerous pupils, on leaving Oxford, had each, no doubt, for the most part secured a copy for themselves, no record exists of one having ever been found in England during the seven centuries which succeeded, so effectual was the royal mandate for their destruction. The only instance in which Vacarius is known to be mentioned by any of our legal writers is by Blackstone, who merely states the fact of the introduction of the civil law into England by such a personage, and for a long time Vacarius was thought to be nothing more than a mythological embodiment of the introduction of Roman law into this country. On the continent the only four copies of his work known to be in existence are deposited in the libraries of Konigsberg, Prague, and Bruges, and one in the possession of the Emperor of Russia. Great search has been made in our public libraries, and those of the cathedrals especially, as it was thought that had any copies survived the order for their destruction, they would have been stored in the monasteries, and from thence been transferred to our cathedrals at the Reformation; but the inquiry was entirely unsuccessful until a few months ago, when a copy was found in the Worcester Chapter library, concealed under the name of the "Code of Justinian." Every reasonable proof of its identity has been given, although the title is missing. It is otherwise in good preservation, and beautifully written and illuminated. It need not be added how valuable the manuscript is as a monument of the first introduction of the Roman law into England after the Norman Conquest. The manuscript should be preserved, newly bound, and the missing portions supplied by copying from one of the other existing manuscripts. Then some enterprising publisher should give it to the world in English (as Mr. Bohn has done for the Norman and Saxon Chronicles).
ABINGTON'S MANUSCRIPT.
Mr. Cadby, bookseller, of 83, New Street, Birmingham, recently advertised for sale "Some Memoirs relating to the Church and City of Worcester, collected by one of the Ancient Family of the Abingtons, which came to the hands of Robert Dobyns, late of Easbath, and now of the City of Hereford, Esq., who, out of the Love he bears to the said Church and City where he was Born and Baptised, transmitted this Copy to the Library at Worcester, there to be kept, supposing the original to be lost in the late Civill Warrs; small folio, old vellum, neatly written in contracted German characters, about the period of Elizabeth and James I, 143 pp., 20 Guineas. The original could not be found when the above was bequeathed, nor has it been heard of since; consequently this is the only one in existence, and must now take the place of the original." I have not myself seen this Manuscript, but a friend informs me that it wears the appearance of genuineness. After referring to Worcester in connection with Roman times, its possession by the Wiccian Kings is spoken of, and then the foundation of the bishopric in A.D. 680. Year by year it records the events in the history of the bishopric up to 1486, which is the last date. Some reference is also made to the city, but the bishopric and its various prelates occupy most of the book. The chief towns and villages in the county are also referred to.
BISHOP SWINFIELD'S ROLL.
"A roll of the household expenses of Richard de Swinfield, Bishop of Hereford, during part of the years 1289 and 1290." This valuable Manuscript was discovered about forty years ago by Dr. Prattinton, of Bewdley, among the muniments at Stanford Court, the seat of Sir T. E. Winnington, Bart. Dr. Prattinton made an abstract of it, which he presented, with his other Worcestershire papers, to the Society of Antiquaries; but it was not till the year 1853 that the roll was edited and published, when the Rev. John Webb, of Tretire, undertook the task, and by his extensive research in mediæval history has succeeded in converting the meagre materials of the roll—presenting as it does nearly the earliest picture of English life in existence—into a most interesting detail of the character and events, the manners and customs of the thirteenth century, so as to attract considerable notice among antiquaries. The work was printed in two volumes, in 1853 and 1854, for the Camden Society; and as some portions of the Bishop's itinerary through his diocese is connected with Worcestershire I shall make a few extracts and comments thereon:—
Salt was purchased by the Bishop's household (when at Colwall) from Worcester, and supplied from the pits at Droitwich. His lordship's cook also made purchases at Worcester, (having been sent from Colwall for the purpose), and a large supply of ware in cups, plates, and dishes, was laid in against the Paschal entertainment at Colwall; so that this city, it would seem, was famous even six centuries ago for the manufacture of table ware, though composed of a different material from that which has rendered its products celebrated in the present day. Here also the prelate sent for a new bridle and saddle, on which Mr. Webb remarks—"Worcester might then have been, what it certainly in after times has been, more advanced than Hereford in the arts of life." The Bishop had some land in this county and a house in the city of Worcester.
The editor notices the prolific vines that cover the cottages in the counties of Worcester, Gloucester, and Hereford. Bishop Swinfield's vineyard at Ledbury yielded seven pipes of white wine and nearly one of verjuice in the autumn of 1289. Bristol was the great mart for foreign wine, and the custom was to send a "squire" to make the purchase there and accompany the cargo up the Severn home, to prevent the malpractices of boatmen, who it seems were as much inclined to "suck the monkey" in those days as at present. The wine was usually landed at Upton and thence conveyed by land carriage to Bosbury, where was the Bishop's favourite residence. No mention is made of Herefordshire cider in that century, nor is the date of its introduction known.
John de Kemesye, the Bishop's steward and treasurer (and the writer of this roll), belonged to a good family who took their name from the village of Kempsey, four miles south of Worcester. Walter of that name was instituted to the vicarage of Lindridge in July, 1277, and presented, in November, 1292, by the convent of Worcester, to the church of St. Martin, in the same city. Thomas de Kemesye was the abbot of Tewkesbury who received the benediction from Godfrey Giffard, Bishop of Worcester, on Trinity Sunday, 1282. The Bishops of Worcester had a palace at Kempsey, at which Henry II held his Court, and Simon de Montfort, with his royal prisoner, Henry III, lodged previously to the battle of Evesham. The writer of this roll was long remembered in the church of Kempsey, where he founded a chantry well endowed for masses at the altar of the blessed Virgin, for his welfare in life, his own soul, those of his parents and benefactors, and of all the faithful departed. He left rents for a taper to burn before her altar, and in his grants for these purposes took special heed to secure the respectability of such as should officiate at these services, by regulations drawn up with the minutest care.