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CONTENT 8.-N° 73. of its earliest records preserved to us, was chiefly concerned in adjudicating on petitions to the Chancellor in cases of assault, trespass, or outNOTES:-Our Public Records, 381-The Three Septs, of rage, all of which were cognizable at Common Gauran, 382-"Fray-bug," 383-"Telepathic Obsession Engendrure"-Proverbs Rewrit- Suum cuique," 384- Law, but for which the petitioner was unable to Prone-The Horse Chestnut-" Week-end":"Trippers obtain redress, owing to the powerful social posiInscription-The Cardinal Virtues-Hull Guilds, 335 The tion of his adversary or of his adversary's friends; Woodpecker'-Clark's Alley-Grey Friars' Church, 386. QUERIES:-Inscription on Brass-Monastic Rules-"Ale- this being so, we naturally find in Chancery dagger"-Brains in One's Belly-Rev. H. Adams-Self- (Equity) Records numerous pictures thrown by a education-Silver Swan-Massacre of Scio, 387-Lindsay side-light it is true-of the manners and customs and Crawford-" Engines with paddles "-Joan of Arc and William Tell-"Cruelty"-Constantius II.-Sir Chris- of men and women in days gone by, as well as topher Milton-Isleham-Bartholomew Howlett-"As material of the very highest importance-we are proud as a louse"-Sir C. Sedley, 388-Lost Memory speaking now of those of the sixteenth century and Earldom of Strathern-" Tommy at Tub's Grave," 389. Mistake: Mistaken, 390 later-to the pedigree-hunter and the topographer. REPLIES:-Henchman, 389Truro Stannary Court-Abraham Raimbach-Martin Lister To the former, who is about to deal with Chancery -Hunter-Sir J. Pooly, 391-Hyde Park-First Secretary of Congress" Profuse lachrymatory"-Lady of the Bed-proceedings, a word of advice may be given,-Do chamber, 392-Editors-The Roses of Kilravock-"The not be discouraged from looking for the record of Republic of Letters"-Telephonic, 393-"American Coban event at a very long time after it happened. I bler"-Rockstaff-The Royal Veto, 394-" Canary Bird"Fairman-English Actress in Paris-"Practical Politics" mean, do not, if you are seeking for an incident in -Chaucer's Pilgrimage-" Philazer," 395-Medallion Por- family history of the time of Elizabeth, hesitate to Cephisus and the Ilissus-Family Papers of James Craggs search proceedings, to which members of that Fine Champagne"-Residence of Mrs. Siddons, 396 family were parties, of the time of George I., or Lord R. Douglas-Saas-Schola Verluciana-Altar, 397-later. It not unfrequently happens that in a Bill of Complaint in Chancery a title going back some two hundred years is set out. " traits-Charles Steward-"Crow and "Rook"-The "Curse of Scotland "-Trumbull, 398. NOTES ON BOOKS:-Wharton's Captain Cook's Journal' Hotes. OUR PUBLIC RECORDS. In my last paper I considered certain Chancery documents which recorded dealings by the sovereign with his or her own people, with the rulers of other states, and with the subjects of those states. I will now speak of the record of proceedings in the Chancery as a legal tribunal. It has been already said that the Chancery became a court of justice in the reign of Richard I., at which time the business of the Curia Regis was subdivided between the principal officers of the courts. Its jurisdiction was of two kinds,-the ordinary, wherein the judge was bound to observe the order and method followed by the Common Law; and the extraordinary, in which he proceeded on the rules of equity and conscience, taking cognizance of intention rather than the letter of the law. The ordinary court held plea of recognizances acknowledged in Chancery, of writs of scire facias, &c., for the repeal of letters patent, of personal actions by or against officers of the court, of commissions in bankruptcy, idiotcy, charitable usesindeed of any matter anising out of a commission issued by Chancery. The extraordinary court, though in later days its time has been mostly occupied in deciding points affecting property, at the date of its earliest records, or rather Now let us see what records of those two sides of the Court of Chancery are preserved and within reach of the searcher. On the ordinary, or Common Law side there is the County Placita ("Tower" Series), John to Edward IV., which contains a variety of legal proceedings, arranged under counties, belonging to that side of the Chancery, and transcripts of proceedings in other courts, the King's Bench, &c., brought into Chancery by To the whole of these there is Writ of Certiorari. a very slight index, and a full calendar of such as relate to counties the names of which commence with letters between B and N; both the index and the calendar are in the Legal Search Room. Then there are the pleadings; these exist from Henry VII. to James I. in the "Rolls Chapel" Series, and from that date to Victoria in the "Petty Bag" Series. There are memoranda of orders made on these pleadings from 14 Charles I. to 2 George II. There is a calendar to the pleadings for the reign of Henry VII. in the Literary Search Room (" Palmer's " Indices, No. 107), and ten MS. volumes of indices to those in the Petty Bag Series. A few other classes of records on the Common Law side of Chancery exist, but do not call for special remark here. The Equity side of Chancery requires more Here the pleadings exist in almost unnotice. broken sequence from the time of Richard I. until the present day. They are arranged in something like chronological order, and a calendar to those of an early date is now in preparation; and a most Now none (or important calendar it will be. practically none) of the pleadings are available to the student prior to the time of Elizabeth. For this reign there is a printed calendar with a fairly full index,* but unfortunately this does not contain anything like all the mass of pleadings of that reign. For the reigns of James I. and Charles I. there is an index of names of parties arranged under the first letter of the plaintiff's name; and after that there is no chronologically arranged index at all, only one in about twenty-six volumes (the very sight of which would deter any but the most indefatigable record-hunter from attacking it), known by the somewhat vague title of "Chancery Proceedings, before 1714." In these volumes are references to suits going back to the time of Henry VIII., and of all intervening periods from that reign to the first year of George I. Mixed up with the indices to pleadings are those to depositions. There is not a more valuable class of records in the Record Office than the Chancery proceedings; there is hardly a class worse provided with means of reference. the set is that (No. 11) which is an index locorum to all the rolls, or rather to each volume of the set of calendars, which calendars, in turn, give you the reference to the rolls. One more class of Chancery (Equity) records demands notice, and with that I will conclude this paper,-the original reports and certificates made by the Masters of the Court in the various causes that came before it. The information in these is most important. Customs of manors, awards, family history, personal particulars of litigants, and a host of other matter, often not elsewhere recorded, find mention in these reports, which extend from the year 1544 to 1869, and comprise nearly three thousand volumes, in which they are arranged alphabetically, term by term. There are indices from 1606 to the end, similar in style and arrangement to those just mentioned, to the decree books, and in searching which similar care must, therefore, be taken. W. J. HARDY. (To be continued.) (Concluded from p. 284.) Besides the Chancery (Equity) pleadings and depositions, there are affidavits from 1611 to 1869; they are referred to by indices. These affidavits from 1615 to 1746 are also entered in a register. THE THREE SEPTS OF GAURAN OR GOVERN. Then we have the decrees and orders of the court, made upon the pleadings; these go back to 26 Henry VIII., and are entered, some in volumes, some on rolls. Those on the rolls go back the furthest, 26 Henry VIII.; the entries in the books begin ten years later. To the books there are indices, under the first letter of the plaintiff's name, for the entire series; each year has a volume of index, which contains four alphabets, one for each term. There are two indices for each year, one (the index to the A book) containing the alphabet from A to K, and the other (the index to the B book) that from L to Z. But numerous pitfalls await the uninitiated in searching these indices. They are supposed to be under the plaintiff's name or names, and so they are; but suppose your plaintiff is a peer-Lord Coventry, say; you may find your suit under C ("Coventry "); you may find it "Dominus," or if not of a particularly early date, under "Lord. So with bodies corporate; a suit to which the Mayor and Burgesses of Bristol were plaintiffs is as likely, indeed, if not more likely, to come out under M ("Major et Burgenses," &c.), as under B ("Bristol, Mayor and Burgesses of"). The writer has known a suit to which the Earl of Soand-so was plaintiff put under T ("The Earl," &c.). Modern histories, with one or two exceptions, do not even mention the illustrious warrior primate Archbishop McGauran's name; still he was one of the most distinguished historical and patriotic personages towards the close of the sixteenth century, and entitled to rank as such in Irish history. He organized the rising and gathering of the great northern chiefs and their clans, and his diplomatic negotiations with the Papal see and Philip II. of Spain equalled those of Monsignor G. B. Rinuccini, Archbishop of Fermo, in his famous embassy in Ireland in the years 1645-1649. See 'Calendar of State Papers, Ireland,' temp. Eliz., and O'Donovan's Four Masters,' second edition, 1856; see also the Abbé MacGeogeghan's Ancient Irish History,' translated from the French by O'Kelly, where the name is spelt MacGowran, and the tribe-name MacSamhragain; and in O'Donovan's work aforesaid Mac Samhradhain, pron. Magauran, M'Govern, and Magowran; in Hennessey's' Ann. Loch Cé,' Magauran and McGovern; Magauran and Magovern in Lynch's 'Cambrensis Eversus '; Magawryne and McGawrene in a deed of composition, vide O'Flaherty's 'West or H. Iar Connaught'; and McGawran, Magawran, and McGowran in an inquisition held in 1607, given in a foot-note thereto; McGawran, M'Gawrain, and Magawran in Cal. State Papers, Ireland, temp. Eliz., 1586-1596; and Gawne, ibid., temp. James I., 1606, p. 18; in Carew, 'Cal. S. P., I.,' McGauran, McGawran, Magawran, and Magauran; MacGawran, and MacGauran in Gilbert's Contemporary Hist. of Affairs in Ireland'; * In this calendar are given, as examples, some earlier M'Gauroll by Sir J. Davies, Attorney-General of proceedings, Richard II, to Henry VIII. This is enough to show the searcher of these, and of a great many other indices, compiled long ago, how very careful he must be in searching. To the Chancery Decree Rolls there are fourteen volumes of calendar; one or more alphabetical index to parties exists in each volume; but the best of Ireland, in a letter to Robert, Earl of Salisbury, | dated 1606, vol. i. p. 136, in Vallancey's 'Collec- p. 296, in a note on Cloughoughter Castle. tanea de Rebus Hibernicis '; M'Girrell and O'Reilly subsequently claimed a right of tribute M'Goughe in an old map of Tullyhaw about the from McGauran, concerning which disputes arose year 1609, noticed in my article on 'Irish Bells,' between O'Rourke and O'Reilly, and are mentioned 'N. & Q.,' 7th S. xii. 21; M'Coveran in appendix, in the 'Cal. S. P., I.,' temp. Eliz. In Beauford's p. 9, vide Musgrave's 'Memoirs of Rebellions in Ancient Map of Ireland' the territory is referred Ireland,' 1801; McGauran by Major McGauran* to as Magh Cauran, and in his Ancient Topo(or McGovern) in his 'Memoirs,' where he states graphy of Ireland,' Magh Gauroll and McGauroll, "from a younger branch of the family of O'Connor the vide Val. Col. de Re. Hib.,' vol. iii. p. 293. last monarch of Ireland is mine descended, and the place O'Dugan's poem, previously quoted at p. 49, refers of their residence, now vulgarly called Talaha, received to another Irish chieftain of the name of O'Gabhits original name, which was Tealleagh-Achy, that is the rain or O'Gauran, and at p. 73 that seat of Achilles, from one of our predecessors, Achilles McGauran. Our family seat once formed part of the province of Connaught till it was annexed to that of Ulster, when the Baron McGauran joined his relations and allies, O'Neil, Earl of Tyrone; O'Donnel, Earl of Tyrconnel; O'Reilly, Earl of Cavan; McGuire, Baron of Inniskillen; and the greatest part of the nobility of Ulster, in taking up arms to oppose the sovereignty of Queen Elizabeth. But being overcome by the Lord Deputy Mountjoy, they were obliged for a time to submit. They, however, made another attempt in the reign of King James the First to free their country, which proving unsuccessful, they were all attainted, and their lands, amounting to five hundred and eleven thousand, four hundred and sixty acres, confiscated." The area of the barony of Tullyhaw is now much smaller than in ancient times. The co. Cavan was divided into seven baronies (see Vallancey's work aforesaid), whereas it now contains eight; by the Act 6 & 7 Will. IV. four townlands were taken from it, vide 'Parliamentary Gazetteer of Ireland,' under "Cavan," p. 382. In Thoms's Official Directory, Ireland,' 1892, the contents are given as 90,701 statute acres; see also the Census Parliamentary Papers, 1891, giving the names of the townlands and parishes and their areas therein. According to Ortelius's Map of Ireland,' 1562, giving the territories of the old Irish septs, the clan McGauran or McGovern were also indigenous to co. Leitrim, their lands forming a portion of McGauran's country, which was surrounded by powerful dynasts, viz., on the north and the northeast by Maguire, Rig Mor Tuath, or tribe king, of Fermanagh; on the east by O'Reilly, Rig Mor Tuath, or tribe king, of East Brefney, now Cavan; and on the south and the south-west by O'Rourke, Rig Mor Tuath, or tribe king, of West Brefney, now Leitrim-all of whom encroached upon and circumscribed the tribal possessions. At one time the Rig Tuath, or tribe king, of Tullyhaw, was tributary to O'Rourke when he was Rig Mor Tuath of all the Brennies; then O'Reilly would also be tributary to him. How the latter royal chieftain freed himself is described by S. K. Kirker, Esq., Fellow, in the Proceedings of the Royal Society of Antiquaries of Ireland, 1890-1, See my note on the Battle of the Boyne' in "N. & Q.,' 8th S. ii. 21. Also another on 'Royal Cemetery of Clonmacnoise,' 7th S. xi. 422, where I refer to Dr. O'Donovan associating the tribal name with MaGabrain. He is no shy slender chieftain, 66 In O'Donovan's 'Tribes and Customs of Hy Many,' translated from the Book of Lecan, 1843, pp. 76, 77, O'Gabhain of Daln Druithne is mentioned; and in a foot-note that this name and the situation of the tribe is unknown" (O'Hart in his 'Irish Pedigrees,' fourth edition, locates Dal Druithne about the district of Loch Ree). At p. 85 it is stated in "the Irish life of St. Grellin, that this tribe paid him no tribute or impost of any description." Again, at pp. 87, 91, "the taisigheachtallaidh of O'Connor (King of Connaught) belongs to the Dail Druithne (I have not been able to ascertain the meaning of this term) at the recommendation of O'Kelly (King of UiMaine)." The Dal Druithne have the carrying of the wine from the harbours of the West of Connaught to the seat of the arch-chief. According to O'D. F. M., in a note 1180, "O'Gowran, Chief of Dal Druithne, was tributary to O'Kelly of Hy Many." But whether there is any connexion between the regal race of McGauran or McGovern of Scotland, other than their common Irish Milesian origin with the royal tribe of McGauran or McGovern, of Tullyhaw, or that of O'Gauran, chieftains of Dal Druithne, it is most difficult to conjecture. But it is nevertheless clear why Lord Stair, in Lower's 'Patronymica Britannica' included the name of McGauran in his schedule of Scottish surnames, although originally springing from Ireland as the parent country. JOSEPH HENRY MCGOVERN. 60, Victoria Street, Liverpool. "FRAY-BUG."-Two instances of this word, and two only, so far as I can discover, occur in Foxe's 'Acts and Monuments.' I quote the edition published by Seeleys, in "The Church Historians of England." I never met with the word elsewhere. Both of them are found in letters written by Laurence Saunders to his wife in the year 1555: "Fain would this flesh make strange of that which the spirit doth embrace. O Lord! how loth is this loitering sluggard to pass forth in God's path! It phantasieth forsooth much fear of fray-bugs."—Vol, vi. p. 621. "Be not afraid of fray-bugs which lie in the way."— Vol. vi. p. 631. |