Dr whom henry the Eighth confirmed the Advotry of the Cheshire Minstrels. FROM AN ORIGINAL PAINTING, IN THE POSSESSION OF MR. GUNNERY, OF LIVERPOOL. ON THE PECULIAR CUSTOM OF LICENS- lowing curious notice is found in Cow ING THE MINSTRELS OF CHESHIRE. DURING the sanguinary feuds on the Welsh borders, which succeeded the conquest, and which continued more than two centuries, Randle Blundeville, the celebrated Earl Palatine of Chester,* and founder of the then impregnable Castle of Beeston, was besieged in the Castle of Rhuddlan by a numerous army of Cambro-Britons. He immediately dispatched a messenger to his constable, Roger Lacy, Baron of Halton, who in the exigency of the moment assembled at Chester-it being the time of the Fair -a great body of idle and dissolute persons, including all the Minstrels, Fiddlers, and Players then present; and a considerable number of women" and debauched persons;" with these he marched to the Earl's relief. The appearance of this motley multitude operated strongly on the fears of the Welsh, who fled in all directions; and Randle returned to his Capital in triumph. As a reward for the signal service thus rendered, the Earl gave to Roger Lacy "power over all the fiddlers and shoemakers in Cheshire." The constable, however, presented his steward, Dutton of Dutton, with the authority over the fiddlers, players, &c. reserving only to himself the right over the shoemakers. The terms of the subsequent confirmation of the Duttons are thus stated in the original deed: : "Sciant præsentes et futuri, quod ego Johannes Constabularius Cestria, et hac præsenti Charta mea confirmavi, Hugoni de Dutton, et Hæredibus suis, Magistratum omnium LECCATORUM ET MERETRICUM totius Cestershiriæ, sicut liberius illum Magistratum teneo de Comite; Salvo jure meo mihi, Hæredibus meis, &c. &c.". This right was exercised by the Duttons, and their representatives the Gerards and Fleetwoods, as long as they continued in possession of the Dutton Estate; and though not originally attached to the estate, but vested in the heirs of Dutton, it appears, nevertheless, to have been alienated with it. The fol per's MSS. and quoted by Mr. Ormerod in his history of Cheshire, from which it is now extracted: : "In this Mayoralty, Matthew Ellis, of Overleigh, and Thomas Browne, of Netherleigh, within the precincts of the City of Sir Piers Dutton of Dutton; the two wedChester, having each married a daughter of dings were kept at the same time and with much festivity at Dutton Hall, from whence the gentlemen brought their brides, on Tuesday the 24th of June, which being the feast of St. John the Baptist, and the day upon which the Minstrelsy of the City and County are annually licensed at Chester, by the Lord of Dutton, the company beforementioned were met on their return from Dutton Hall, near Flowersbrook-bridge, by the steward of Dutton, attended by the pursuivant and standard bearer of that family, each properly habited, and having the insignia used at that Midsummer solemnity, preceded by all the licensed musicians with white scarves across their shoulders, ranked in pairs, and playing on their several instru ments. This procession marched before the gentlemen and their guests, quite through the City, to their respective mansions, where plentiful entertainment was provided on the occasion." The Minstrels' courts were, to the middle of the last century, held annually at Chester on St. John the Baptist's day, by the heir, or Lord of Dutton, or his steward. A banner, emblazoned with the Dutton arms, was hung out of the window of the Inn where the Court was held, and a drummer proclaimed in the streets the important sitting, summoning all persons concerned to appear in the Court. At eleven o'clock a procession was formed, and moved from the Inn as follows: Licensed A Band of Music, Two Trumpeters, Musicians, with white napkins across their shoulders, The Banner, borne by one of the principal Musicians, The Steward, on Horseback, with a white wand in his hand, A Tabarder, his tabard emblazoned with the arms of Dutton, The Lord or Heir of Dutton, *He succeeded his father Hugh Caviliog attended by the Gentry of the County and in 1181. City, on horseback. 292 Peculiar Custom of Licensing the Minstrels of Cheshire. [Nov. 1, In the midst of Eastgate Street this proclamation was made :— Oyez, oyez, oyez !-This is to give notice to all Musicians and Minstrels, that the Court of the Honourable Charles Gerard Fleetwood, Esq. (descendant heir of Eleanor, sole daughter and heiress of Thomas Dutton, of Dutton, in the county of Chester, Esq. by Sir Gilbert Gerard, son and heir of Thomas Lord Gerard, of Gerard's Bromley in the county of Stafford) is this day held at the house of Robert Cluff, of the Eagle and, Child, North-gate Street, Chester, where all such Musicians and Minstrels as do intend to play upon any instrument of music for gain, within the County of Chester, or within the County of the City of Chester, are required to appear and take licence for the year ensuing; otherwise they will be adjudged, and taken up as rogues and vagabonds, and punished accordingly. God save the King and the Lord of the Court." "God save the King, the Queen, the Prince and all the Royal Family; and the Honourable Charles Gerard Fleetwood, esq. (heir descendant of that ancient worthy family of the Duttons, of Dutton, in Cheshire, and of the Right Honourable family of the Gerards of Gerard's Bromley, in the county of Stafford) long may he live and support the honour of the Minstrel's Court." The procession then returned to the Inn in the same order that it came, and entertainments were given to the Lord's friends, and to the musicians. In the afternoon a Jury was impannelled from among the licensed minstrels, to whom the steward delivered a charge; and directed them to enquire of any treason against the King, or the Earl of Chester; likewise whether any man of their profession had exercised his instrument without licence from the Lord of the Court; what misdemeanors they had been guilty of; and whether they had heard any language among their fellows, tending to the dishonour of their Lord and patron, the heir of Dutton. A verdict, according to circumstances, was then given by the Jury; the oath was administered to the musicians, and licences granted to all who were adjudged worthy, empowering them to play for one year. The following is a copy of a very ancient and singular document, addressed to the Minstrels, &c. in the form of a proclamation. "Under the royall grace of the king's most excellent ma'tie and his most ho❜ble counsell, the right Ho'ble Viscount Kilmur rey, lord leader, conductor, (and under his highness) protecter of all and every music'ons and minstrells whosoever, either resident, or resorting within, or to ye county pallatine of Chester, and within or to the Citty of Chester, by virtue and authoritie of the auntiente use, custom, preheminence,* and speciall royaltie of the predecessors of the manor of Dutton, straightly chargeth and commandeth all and every the said music'ons and minstrells and other whatsoever acknowledgeinge, useing, and p'fessing the noble art, worthy science, and high misterie of musique and minstrelzie w'thin the said countyes, or either of them to approache this pub'c place, and attend the pubic proclamac'on, and pub'cly here to drawe forthe their sundrie instruments of musique and minstrelzie, and to play here before ye and Robert Viscount Kilmurrie, or his deputy, here pub'cly unto the accustomed place in dutiful manner and order customablie used by his predecessors before tyme, soe longe that the memory of man can not witness to the contrary, which royaltie hath beene al- God The last court was held in 1756, R. Lant, Esq. being then Lord of Dutton, and possessing the advowry of the Minstrels by purchase, previous to which they were not held annually, as had been the custom, but every two or three years. The fee for a licence was 2s. 6d. but it does not appear that much attention was paid to the mandates of the Lord of Dutton; for in 1754 only twenty-one licences were granted. In the charge of the Steward of Mr. Lant, in the beforementioned year, he observes, "Gentle 1818.] Nuga Literaria, No. III.-The Mysteries of Udolpho. men of the Jury, the oath which you have just now taken, seems to make it proper to say something byway of charge; otherwise your own knowledge and experience would have rendered it quite unnecessary; but as the duty of the of fice of Steward of this Honourable Court, and your oath require that a charge, should be given to you, I shall beg leave to take up a little of your time, and say something to you concerning this Honourable Court--the duty and privileges of Musicians in this City and County of Chester-and your duty as Jurors. The Records relating to this Honourable Court, which are still preserved, shew it to have been of great antiquity; and the readiness and zeal which the Musicians heretofore shewed in redeeming their Prince, when he was surrounded by enemies, have been a means of perpetuating their service, and establishing this Honourable Court, which Mr. Lant, the present Lord of the Manor of Dutton claims, and the privileges thereto belonging, from Roger Lacy, constable of the Castle of Chester, who raised the siege at Rhuddlan Castle, and brought the Prince in great triumph to Chester; some of which privileges are, that all Musicians shall appear and do their suit and service at this Court; and no Musician shall play upon any instrument for gain, without having a licence from the Lord of Dutton, or his Steward of this Court. And if any person does presume to play for gain without such licence, he is not only liable to be prosecuted by a due course of law, but also to be prosecuted as a rogue, vagrant, and vagabond. These privileges have been confirmed and allowed by several Acts of Parliament; and Mr. Lant is determined that the power and authority of this Court shall be preserved; and that none shall exercise the employment of a Musician for gain, without a license from him or his Steward; and therefore, Gentlemen, he expects, and the oath you have just taken requires, that you should enquire of all such persons playing upon any instrument of music for gain, either in the County of Chester, or the County of the City of Chester; and if you know or are particularly informed of any such, you are to present them to this Court, that they may be proceeded against, and punished according to law; which the Lord and Steward thereof are determined to do with the utmost severity." 14. Eliz. c. 5.-39. Eliz. c. 4.—43. Eliz. c. 9.-1. Jac. c. 25.-17. Geo. I. c. 5. 293 Thus originated the very singular custom of licensing the Cheshire Minstrels, which began in 1233, and has only been discontinued since the year 1745. In a Statute of 39. Eliz. c. 4. Fiddlers, Minstrels, &c. are pronounced rogues and vagabonds, with an especial proviso, however, exempting those of Cheshire, licensed by the heirs of Dutton of Dutton, as belonging to this ancient and peculiar privilege. ARION. NUGE LITERARIÆ. THE MYSTERIES OF UDOLPHO. There are, doubtless, few readers of this enchanting romance who have forgotten the appalling veiled picture, which occasioned so much alarm to the susceptible Emily, whilst exploring the uninhabited chambers of the castle of Udolpho. Mrs. Radcliffe reserves its explanation for her last volume, where in common with other "mysteries," it is duly elucidated; and turns out to be the representation, in wax, of a human form, nearly devoured by worms; before which, a previous occupant of the castle had been doomed to do daily penance, in order to expiate some deadly crime. It appears highly improbable, that the imagination of the ingenious authoress of these volumes of wonders, unbounded as it was, should have furnished her with an incident so singular and unaccountable, had not her mind received some assisting suggestion, either in the course of her very various reading, or extensive travels. I am inclined to think, that in the earlier part of the last century, the revolting custom of exhibiting even publicly, the most disgusting emblems of our mortality, was by no means uncommon. Indeed, the emaciated figures, still observable in many of the cathedrals and ancient edifices of this country, bear abundant testimony of the likelihood of the conjecture. The mode of ornamenting grave stones from time immemorial, with the skeleton head and cross bones, is, I conceive, merely a modification of the custom, and intended to convey to the mind the same awful ideas of "death and judgment." On the continent there existed, before the French Revolution, some remarkable instances of the strictness or superstition of the devotees; for many of the convents, particularly those on the southern frontiers, possessed images, similar to that described by Mrs. Radcliffe; before which, the transgressing members of |