The Sun.
London, England, 1823-08-12 00:00:00

LAW INTELLIGENCE.

COURT OF CHANCERY, Alums/ H.
tizain AND ANOTHE4, IDi nE 0111 SON AND PEACOCK,

HA ivu ter s.
This was a question of unexampled intricacy in the Bank-
rept Law: Mr. Pertcock had been a bankrupt under two pre-
vious commissions. By the Acct 5 Geo. 11., the estate of a
bankrupt must yield more than ss. in the pound to the creditors
under a first commission, and full 15s. in the pound if the party
become a bankrupt a second time, or his tenure effects are not
to be released from the claims of his creditors. Under the Act
49 Geo. 111., which is known, by the name of Sir kiarattel
Romilly's Act, the right of the Creditors is reduced to an elec-
tion' between proving their debts tinder the commission, or pur-
suing the future estate of the bankrupt at law according to the
sth Geo. 11. In a case ruled by Lord Ellenborough, and all
the Judges of the' King's Bench, it had been determined . that
the 49th Oto. 111. had shut out the creditors finm the remedy at
law, if they took the benefit of the second commission by proving
their debts under it; and in towher case it had been cletitled
that a third commission • could not be superseded on the
ground of the effects not having.peoduCed 15s. in the pound, if
the bankrupt should have acquired his certificate. rn the pre-
sent instance, creditors under the second commission of Mr.
Peacock, who had obtained leasie to prove their debts, and had
neglected to do so, and had not signed his certificate, had ob-
tained an order from the Vice-Chancellore to prove under the
3d Commission, and to take out their dividends in the sante
amount as the creditors under this last Conunission. The
immediate application was frOM the assignees under the 3d
Commission, to release the estate from a claim, which, as it
was asserted, was without any precedent. It was contended by
those who opposed the applicatien, that the' order of the Vice
Chancellor could be no henisitiplo the creditors under the 3d
commission, as the dividend which they sought would come
out of a personal estate which had fallen to Mr. Peacock from
the death of an uncle, and not from the effects upon which he
had been trading. It appeared further, that the estate inquese
Lion had fallen to Mr. Peacock after the declaration of his het
bankruptcy.
The Loan Citexcxeeon observed, he the first place, that
to find fault with'
eender the bankrupt
beetled never known an 'nee= in which the creditors tinder
the second commission had sought to prove their debut under
the bankrupt
the third. Ills Lordstip scented disposed 'to put this tinting
Itithwe;mmeosreindiflictiitiht afinitel cerxedpieln°srisyse"teghattitn°linixter though there
was idways readiness enough.
lawn, because of their diffienit and ex
,„ Pensive administra-
tiou. As the came presented itself him, it appeared
that a claim was made by the creditors under the second cone:
mission to a remedy which, they averred„ was left them by the
act of Geo. 11., so far RR that act had not been reealed b
the Illth Geo. 111. It had been decided that obtaining the
authority of the Court us prove a debt was, 411 to tne paepeees
of the act 49 Cleo. 111. the same thing as proving the date—
lioavver, if that point had not been cleared, and the law really
did allow a remedy to the creditors who had obtained thie order,
why had not they pursued that remedy at law.? u
—Y so doing,
they would have settled the quesdon, as to which commisston
the estate left to Mr. Peacock should belong: But then the
action must be brought in time, so as to get execution before the
liSsigibment under the third etennuiseien, because the property
was changed by the assignMent. 'Phi clew wits tie* and difti-
cult, and therefore he proposed to draw up a statement, which
should include all the considerations of the present case,
and
obtain the opinion of the judges upon it, with a view to settling
the law upon the point in question, whenever it should arise.
His Lounmule sat front 9 in the morning till 6 in the after.
noon, and has intimated his intention of doing the sanee tile the
rentelning petitious in bankruptcy arc disposed; of.

ANTIQUARIAN NOTICES.

ST. BARTHOLOMEW THE HE CHURCH, &e.
SMITHFIELD.

This Church, though only a fragment, and
standing in a place but little frequented, is, from
its great antiquity, more entitled to notice and
visitation than sonic others of superior magnitude,
and more pleasing situation. For here scattered,
and one half destroyed, are still architectural re.
mains, which, if left to the slow and gradual de-
cay of nature, will witness the entrance and exit
of many, many centuries. The monastery on
this spot, from whence originates the well-known
St. Bartholomew Fair, was the work of one Ray-
here, whom Weaver styles " a pleasant con-
ceited wittie gentleman, and a courtier in the
raigne of King Henry the First," and Stowe and
other writers, minstrel or jester to that monarch
designations which it will be seen in proceeding
were neither of them exactly correct. To waive,
however, that consideration for the present.
It was founded in the beginning of 1113,
for Black Canons, and confirmed by Royal
Charter, dated the 15th of June in that year,
Rayhere himself becoming the first Prior of
his own foundation. A curious legendary ac..
count of the circumstances which gave rise to the
establishment, together with several particulars
of the founder, written by one of the religious
near the time, and formerly one of the books be.,
longing to their library, is preserved among the
Cottonian MSS. at the British Museum. Dug-
dale also has quoted part of the Latin story of
Rayhere in his illonasticon by the same hand,
and Chauncey in his Hertfordshire has made use
of the English versions. This ancient record,
the phraseology of which is extremely obsolete,
states that. This church, in honour of the most
blessed St. Bartholomew the Apostle, was found-
ed by Rayhere, of good memory, who gathered
therein certain holy men to serve Gov, after the
rule of the most holy Father Austin ; and that he
exercised himself the office and dignity of Prior
over them for 22 years; a man not hiving
" cunyngo of liberal science, but that which is

more emynente than all cunnyinge, rich in puryte
of conscience, ayenste GOD by devucion, his
brethern by humility, his enemies by benevo-
lence;" in feasting sober, yet the promoter of
hospitality ; humble in prosperity, patient in ad-
versity, and an active administrator to the neces-

sities of the poor. Such is the character given to
their founder by our author, on, commencing his
oarrative. lie next proceeds to tell in what order
ha set the foundations of this temple, as they
were; testified to him by those who saw him,
heard him, and were present at the work, of
whom, fie says, " some alepe bi Caufsr,
some. be zitte.illive," to witness what he affirms.
This is foil:I-wed 'by a biographical account of
Ray here,' und,or different heads or chapters ; as,
d. What life hie led before his conversion-3'.
tiow, when converted, he went to Rome; of the
vision he saw by ?I's way, and of the command
given to hiM by St. Bartholomew the Apostle—
% How he gained, on his return, the King's fa-
vour, and was enabled to fulfil his vow and pre-
cept-4. What was In sevelatioh showed to King
Edward (the Confessor) of .this place (Smith.
field)--5. Of'the clearing of the site for build:
ing the Priory, its endowment, privileges, ikc.
Rayhere, according to this account, was' " a
man springing and borne from low kynage," who
in his younger days frequented the houses of
Noblemen and Princes, where, carrying himself
with much jollity and carnal suavity, he was
the promoter if. plays, shows, and other trifles
and vanities, till his talents for entertainment
introduted %kit to the King's Palace. Dis.
gusted, holve‘k.r, after a length of time, with
this sort of libet tine life (he does not tell iris how
he was couvertee), he determined on that then
great remedy for sore consciencesot pilgrimage to
,Rome, whence, Wier having paid Iris devotions at
the shrine of the Il6qy Apostles, Peter and Paul,
he was returning howewards, when one night he
saw, what the writer terms 66' a vision full of
recle and swetnesse." This was no less than
the bottomlesi pit Opened to receive him,
from which St. Bartholome*, who appeared at
the time, agreed to deliver him, on condition he
should build and dedicate a monastery to him.
This condition was, of course, complied with.
Bay here got safe home, applied to his old friends,
and by their assistence and intercession With the
King, he obtained a grant of the site Which the
Apostle hai pointed out to him, " A place ye
the subtirbts of London, at Smythfield, where he
made a cohnely church of stone, table-wise, and
at a little distance, an Hospital-house ;" the for•
mer of witich was finished in the month-of March,
1113; Calixtus, the second, being then Pope,
and reigning here King Henry, the younger, son
of William, first King of Englishmen."
The most curious part of this narrative is the account' of
clearing the site for the cheat, which, a* well as the carrying,
of stones and materials, lie is stated to have procured the mist.
ance of the peopfe in, by the maraetryre of amusing them with
sowie of his farther ,ipkes and foolerier. The spot is described
at this remote period as "a marsh,• dung, and fenny, abound.
ing. almost always with water, the only rising or dry ground in
which contained the gibbet or gallows, for the' execution de
thieves and other malefactors." The establishment at first only
conriated of "a little flock of thirteen canons, as a few shepe,
with little lantivancl right few rents, but was soon, by copious
obventioris at the altar, and the neighbours of this popubuts
city, holpyn." Under the second Prior, who died in the reign,
of Henry I 1,, the convent was enlarged, or as the author qualtly
expre&ws himself, " with snore atuplient byldinga were the
skymnes of our tabern*culya dylatel!'
The-mixture of truth and fable in this legend, was probably
written very soon after the death of Rayhere, thr the author
says that some "be situ: alyve" that were present at his pro.

ceedings. The antiquity of the story will apologize for its in-:
sertion, besides that it details some new facts. If 'ltayhere was
ready of low origin, hemust have been powerfully patronized
to get admitted to the -households and tables of the Barons of
London: There does not appear -from the story any; thing to
authorize the assertion that he was the King's-jester or fool.
The transition from the houses. of 'Nobletntit tti the Palace'

was easy. • ,
It is curious, observes a later writer, noticing this account, to
trace the manners of ottr countrymen back to this.iernote pe.'
riod; and to find the sable curiosity prevalent then as at pre:
sent. We will suppose, it probable says la!, that. Ravhere was
reported to. be about to retnove that it of The mob, the gallows,
from the fens on which it had longstood—shall we not further
suppose he had plenty of visitors ? for it was, according to the
story, " conteyned withyn the King's market." That he shouldby this means; and his accommodating himself to their humours,
gain their assistance in bringing the stones and materials" for
erecting his new church, appears natural. There is much iinpros'
babifity attached to other accounts of the foundation of this
priory by a man of se little importance, but the explanations
here given' render it every way likely. The miracles are em.
belisliments, which, if used in our day, would have completely
ruined the author, but At that time the work could not have
been performed without them. When the 'priory began to
Jlol'l.lBll, itayliere is said to have joined to him a certain old
man named Alfune, who had before " beldid. the Chirche of
Seynt Gyles; at the gate of the cyte, that ynne Inglish tongue'
is called Cripilgate,"—who assisted him in the founding and
management of the adjoining hospital.
Of the alterations or additions to the priory after the fotinder'S
death, we know brit little. Bolton, die last Prior but One, is
said to have been a great builder here, and to have founded the
manor-bowie of Canonbury, at Islington, which belonged to the
Canons of this Convent; and, accordingly this Bolton, Weaver
tells us, was, with the rest of his brethren, portraied .upon a
table, sometime banging in this church (and afterwards in Sirs
Robert Cotton's library), holding up their hands to the crucifix;
under whom was written these lines:—
Gulielmo Bolton precibits succurritc Vestris
ualis erat pater hic, dooms lime, et clam nionsfrant:".
lie also is said to have renewed the fine monument of Rair:
here, still remaining in the church, which consists of an arch
divided by tabernacle work, beneath which on an altar tomb
is his figure recumbent in the habit of a Black Canen, with an
angel at his feet, and two other Canons in great heeds, kneeling
on each side, as if praying over hint. This stonaittery, after
having stood 423 years, fell at the general dissolution of reli.
gious houses in the reign of Henry VIII., when its revenues,
according to Dug,ditle, were valued at 653/. 15s. per annum.
King Henry granted it to Sir Richard Rich. Queen Mary on
her accession, had it repaired, and repeopled it with' Black or
Preaching Friars but Elizabeth turned them out: Rich who,
was made Chancellor in the reign
of Edward VI., made it his
place of residence, as did Sir' Walter Al ildtrta3r, Chancellor of
the Exchequer in the reign of Queen Elizabeth.
In the Royal grant to Rich of the site; besides the church
and the great close celled Bartholomew's Close, are enumerated
the infirmary, dorniitery, Noy, cloisters, the galleries, hall,.
buttery, pantry, the old kitchen, woodhoutte, granary, the
Prior's stables, and ether buildings situate within the close
aforesaid; and remains of most of which are still standing.. The
grant of Bartholomew Fair follows, as' when in pettiession of
the Prior and Convent, and is still held,
The great close of St. Bartholomew having been, before the
Memory of man, used as a parish of itself, distinct from other
parishes, and' the inhabitants thereof having had their parish.
Church and churchyard, within the church of the late Monastery
and Priory, and to the same church annexed ; and having bad
Divine Service performed by a curatelYem the appointment of
the Prior and Convent ; and a certain chapel called the " perish
chapel," with part of the conventual church, having been de;
molished,.and the materials sold for the King's use ; but there
still remaining. a part (i. e. the choir) tit for erecting into a
parish church, it was granted to the parish, to reinsin to them a
parish church for ever, together with the site of the destroyed
nave, 87 feet long and .60 feet wide, for a church-yard. The
six bells in the bell tower of the conventual church had been
previously sold to St. Sepulchre's parboil, and only the steeple
of rotten timber, and ready to fall of itself," them rumained.
The possessions tit` the Convent were numerous. Among
them was the Rear iit Smitlijklri, the Ed, In the same place,
and the _Ferrer: More in the parish of St. Sepulchre.—
These were sold ut the dissolutitm At 20 years' purchase, or
their other estates in the neighbourliewitl, Canonbury was
certainly most convenient and pleasant. One can easily imagine
the beautiful view they must have had fret* thence, even to
the gates of the Priory ;'• for the tiinnke of London was 'not'
near so dense then as now, and but very few buildings inter.
vencd. This estate is supposed to have been Included in a grant
made to the Priory. by .Ralph de Bevners, and enumerated'
among other poSsessions of the Priory, in a ceedirrnetion char.;
ter of Henry 111. It assumed the name of Canonbory (q. d.
Canonshouse) on being fixed upon as a residence for the priors
here. The rebus of Bolton, who rebuilt it (a Dolt and rimy
still remains cut in stone in part of the walls, writ does likewise
in various parts of St. Bartholomelios Church. Ile appears to"
have had a great taste'for building, and no doubt understood it.
Well, as he was appointedmastir of the *irks to Henry the
Vllth's Chapel, at Westminster. Fuller, Abbot of Wel..
tham, succeeded him as last Prior of this house in 1532, and
held the priory with his Abbey, as Prior countentlatory. Bolton.
died at MS parsonage of }farrow On the liilll in the reign of
Edward VL An absurd tradition yet remains' in the parish,
that the canons had a shbterreneous communication with Ca-'
nonbury, because an old doer exists on the north side of the'
church, tot which they cannot find another use.
The church and remains of the priory were evidently can:
strutted at different periods. The latter, which are too eaten-.
rive to be more than slightly noticed, must be sought amongst
stables; carpenters' shops, and manufactories. The clinking of
hammers; and a hundred other noises, now resound through
those arches, where the saleMn clutunt only echoed in soft re-'
sponse, and where the measured step of tire silent religious paced
in slew movements.
The style. of the church IS a mixture of Nor Man and Go,
thic. Groat parts of it.ore evidently, from their massy pillars'
arid round arches, of Rayhere's building. The ground has
beam raised several feet on the pavement of the original chtirch,
and the front clitirchiard lies still'higher. On the south side,
of this, the old wall of tke nave is tolerably perfect, and serves
in part as the back of a public-how, now placed where the
north cloister stood. An arch (modernized into a window) was •
probably the entrance into it from' the church. Sinoke and ills
usage has given this the appearance of a dungeon: The prin..
cipal gateway here from Smithfield (which is great part stand-.
ing): has beautiful ribs, sculptured into roses and zig-zag orna-.
menuf, and now serves as passage to' the iron gates of the church-.
yard.
The west cloister stood next the timing into Bartholomew-
close, at the back of Ffirck.hine, and joined the north side just
mentioned, but a few flints of the wall only are discovered ire
the bases of the houses. At the back of the area, Which is a
farrago of sheds, walls, &c. may be seen the eastern cloister,
which is now occupied as tf stable, and nearly perfect. It is
ninety-five feet long, and broad, and consists of eight
arches' or divisions finely groined and scuiptured, and is elto--
gether a • most beautiftil fragment.. The shell of the Hall or'
Refectory, which adjoined it, is 1211 feet long, by thirty feet
wide, but is much rundrenized to be noticed. The massy,
arched vault beneath it, has an entrance cut through it, leading
from Great to Little St. Bartholoniew-close, where the nature
of the ancient workmanship can be fully judged of.
The site of the Prior's stables, the kitchens, wootl-yenl,
and some other places, are now unknown. The_ fratry,
beautiful Gothic fragment, it occupird by a cat.rperitoreeststip
it is %Hong by 21' feetsvitle. The armors hototit'amwt. f,. tong;
:nunnery
is occupied by a caltinet-Maker. iternettut
above are Vissible.
mbar places still existing, we
The /10,3404 "" several 4,60- ruined south transept,'
wills a tliht notice of have barely, room to natre. h
wa,
shall close this account,
wtivordn vtew}rt},g. It is w:,liid in from the church, e
ienforirt!
ag• ea long by 27 feet broad, arras is
sound
.t of thebi church I.7llwieueisedirs,
piece court c
as a burying, Freund. I'he s<►lentn stillness of this
the
A C
nodyntr
an4UPlrel
ihenryitsl. !d
nt Inntltt:lb;stel:4ll4l;jointh:.iaYbtnof:retirneotnfn:teebiropel?nidifiedesteyth,ol,ecain;d;a:teilegrn,
illaittion;ae,r;vhivaitiivillare:l7;g:awnonnvin:trwit_l,,
ec:aePrakPettetil
jasiwiewic:ll:lcihg."ihnittdh"pth.l:elni
altar.gra n ilairn"ldhe:.lwy iiringsdoewtniesefowsrehtli.tiicl:):SiCielielit4iti:n:htteihtior
this transept are of unequal sizes, and their arches circular.