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THE

GENTLEMAN'S MAGAZINE.

JUNE, 1822.

ORIGINAL COMMUNICATIONS.

Mr. URBAN,

MY

Northampton.

Y curiosity having been strongly excited by the Roman discoveries recently made at Castor, near Peterborough, by Mr. Artis, of Milton, I visited that place a few weeks since, and cannot resist introducing to the Antiquarian world, through the medium of your valuable Magazine, a brief sketch of the nature and extent of his investigations.

It is now, I believe, more than two years since he commenced his operations, which have been continued during the last year with only a fortnight's intermission, sometimes with the assistance of nine men, and never with less than two or three. His researches, however, though enthusiastic, are judiciously and systematically conducted. On the appearance of foundations or hypocausts, he carefully follows them to their boundaries, and having cleared them out, takes an accurate ground plan; and as he meets with tesselated pavements, makes drawings of those which cannot be safely removed. The scene of his labours is an isosceles triangle, two sides being about two miles long, the third about a mile and a half, and the Church-yard of Castor the vertex. At a short distance South of the base, Northamptonshire is divided from Huntingdonshire by the river Nen, and Camden conjectures that the Roman city of Durobrivæ, called by the Saxons Dormancester, occupied both sides of the river. He says, "the little village of Castor, a mile distant from the river (which he erroneously calls Avon) seems to have been part of it, by the tesselated pavements found there."...." In the • neighbouring fields, called Normanton for Dormanton fields, are found such quantities of Roman coins that onc

would think theyhad been sownthere*." The speculations of later Antiquaries on the locality of this station, and details of the Roman remains found at Castor prior to the disclosures effected by the exertions of Mr. Artis, may be

seen in Mr. Gibson's "Comment on part of the fifth journey of Antoninus," or History of Castor, of which a second edition has been recently edited by the indefatigable Historian of Leicestershire.

Mr. Artis has made successful excavations in almost every direction; but the most extens e and curious discovery perhaps is in the Church-yard and adjoining hill, where he has already satisfactorily traced 56 roonis in a villa, which appears to have covered between 5 and 600 ft. square. In Mill field, at the South-east angle of the triangle, is another villa, about 300 ft. long by 230 ft. wide, containing 22 rooms; and at the South-west angle is a third villa, about 300 ft. square, with 37 rooms. In the portions of the intermediate space which have been explored, tesselated pavements, foundations of small houses, and a variety of miscellaneous Between the base of the line and the curiosities have been brought to light. river, probably the suburbs of the city, several skeletons have been dug up. Any further observations on my part are superseded by the following communication from Mr. A. soon after my return home, which not only describes his subsequent progress, but gives an interesting view of the general result of his researches.

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me.

Roman Discoveries recently made at Castor.

You will recollect the excavations on the East side of the Church of Castor, by the haystack, in which there appeared a piece of very good plain pavement. I went there on the morning you left Peterborough, and found it half filled with earth that had fallen from the wall which had surrounded the room, in length 4 ft. height 3 ft. beautifully painted in colours of great variety, but as to what it had represented, it would be difficult to say. I continued the excavation so as to accomplish the plan of that part of the buildings: nothing further of importance occurred, excepting that by excavating the ground and completing the corner of the building, it appears more than probable that there was a public entrance at the four lane ends East of the Church. After I had made a sketch of the painting, I rode over the Mill field and the site of the old city in my way to Water Newton to visit my favourite excavation in the fossil department. Finding the men very near the alluvial vein, in which I had met with fossil bones, I waited the result of a discovery that adds to my collection the bones of several extinct animals; viz. the blade bone and a short one which connects the sternum of that ill-proportioned animal, the Magatherium, a tooth of the Mammoth, tibia, vertebræ, ribs, and other fragments; I have also a tooth of the Mastodon, three of the Asiatic and two of the African Elephant, and, the head and horns of two Oxen, one of them unknown. The same day I discovered a Cloaca in the villa opposite Water Newton bridge, in which we found a coin of Alexander-middle brass, fragments of nine different urns, and an iron instrument. Since you were at Milton I have opened another hypocaust on Mill-hill, very singular in its construction,

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[June,

the floor. The extent of the buildings apparently connected with this hypocaust is nearly equal to what are known of at Castor.

"Weare still tracing foundations, and daily discover sufficient to encourage a further investigation. The principal buildings are the three which I described to you, and the lesser detached ones, forming the part of the city opposite Foar Green, appear to have been indiscriminately placed, but as we leave that part in a fine for Castor, they appear to have formed streets. Camden'+ describes a way to Castor which he says goes by the name of Lady Coneyburrow's Way, and "which seems to have begun about Water Newton on the other side of the river, and to have been paved with a sort of cubical bricks." It is now called Lady Kettleburrow's road, and in places is not more than 4 inches beneath the surface, very compact, and from 20 to 25 ft. wide. The part that I examined is in Normanton field. I staked out a direct line of 300 yards, and left my men to examine it. On my return they had discovered a very good tesselated pavement, 48 ft. long, but they could not trace the road more than 100 yards. Camden (Gough) supposes this road to have been paved with cubical bricks, but in that he was most certainly mistaken: however, I think it very probable that the pavement in the room before mentioned was discovered at the time he made his observation, and that he took it to be a continu ation of Lady Kettleburrow's road, the pavement in the room being of the kind that he supposes the road to have been set with. In this part of the city the walls rarely exceed 2 ft. in thickness, some of them have been richly painted, but the pavements very inferior to those at Castor.

Under that part of the old Roman road leading from Sutton Cross to Foar Green (which in fact does not appear after excavation to be any thing more than earth collected by the turn of the plough) are the remains of from 15 to 20 detached buildings, which I should judge had been occupied many years, the flues being actually worn out.

Every subsequent writer on the topography of this place has noticed the old Roman road as running from Sutton Cross to Foar Green, but in the

+ Gough's additions to Camden.

present

1922.] Roman Remains at Castor.-Zante, Corfu, Malta.

present state of my researches it would be very difficult to say in what part the road in question had entered the city. I should wish to set aside all doubt as to the probable existence of a bridge, which can only be accomplished by excavating on both sides of the river. I could erect one by conjecture this moment, and say more on other subjects connected with this place, but this I leave to my friends who are more active in theory than practice, being myself an enemy to that system. I believe I have not told you that in every building of any extent I have found hypocausts, and in some three or four, as at Castor, and no two constructed on the same plan. The bottle which I mentioned having discovered in a Roman building that appeared to have undergone considerable repair, has not yet been examined; in fact, the decomposing state of the glass rendered it necessary to take some precaution in preserving it, and accordingly I buried it again immediately. It was nearly full of liquor, and was found with the mouth or neck downwards, the cork, if it is a cork, had been covered with cement. The coins discovered in and about this place are from Claudius to Honorius. I have by me from 2 to 300, and I believe but few of the intervening emperors wanting. The pottery, made from clay, which I hope to identify, are very interesting, and I believe I have articles of almost every description that the ravaging hand of time has not destroyed. The walls on the East side of the Church at Castor are from 10 to 11 ft. high, probably the most perfect building yet discovered. I have not yet been able to finish the drawings, but my opinion is the same as to publishing them.

"I am, dear Sir, yours truly and obliged, E. T. ARTIS." Mr. A. purposes publishing by subscription, in numbers, a series of plates illustrative of his discoveries, consisting of plans and sections of the buildings and hypocausts, tesselated pavements, pottery, paintings in fresco, sculptured stones, coins, &c.; and in the wish that his persevering and well-directed efforts may experience corresponding encouragement, all who feel an interest in developing and transmitting to posterity the antiquities of their country, will cordially join with Yours, &c.

GEO. BAKER.

Mr. URBAN,

495

Queen-square,
June 20.

HAVING received a letter from

my young Correspondent at Malta, after his arrival from Corfu, I send you some extracts. W. R. "Malta, April 25.

"No doubt before this time you have received my short letter from Corfu, (see p. 423) where we remained for a few days, and then took a trip to Zante, which is about 130 miles distant, of which place I have taken a sketch. The towns of Zante and Corfu are situated at the foot of immense mountains, close to the water's edge. We did not go on shore at either of these places, but were cruising backreturned to Malta. Soon after the packet wards and forwards for several weeks, and left Corfu, there was some blowing weather, which occasioned the mountains that

surround the island to be covered with snow almost half way down. When the wind abated, it was quite warm here below, which formed a pleasing contrast with the mountains above, and you could with propriety say, that you saw summer and winter at the same time. The air at times is excessively cold, owing to the wind rushing down the mountains."

"The 3d of May. This day is termed Cross Day, as I was told by one of the attendauts, who could speak a little English. About 5 o'clock all the bells in Valetta and elsewhere began to make the most horrid jingling I ever heard. A procession of the priests, &c. went through the streets. About this time the Maltese were ready to receive them on their knees, repeating some prayer as they passed by them. I will endeavour to describe the procession: first, came four or five shabby fellows with drums and a fife, and then after them, about a hundred priests of the lower order, dressed in black gowns, with a white cross on their left breasts, with black masks on, and long wax candles lighted, and a number of little boys and girls continually running through the ranks to catch the wax as it fell, thinking it a remedy for all evils; then came a statue of a knight, on a pedestal, borne by four men in black (which was intended to represent our Saviour); then the priests of higher order than the former, consisting of the same number as before, with black gowns and candles, but no masks, some with two crosses on their breasts, and a large silver cross like that which knights of others, carrying a sort of lantherns on long Malta used formerly to wear; then came poles, and some singers, who preceded a number of them, bearing an immense large cross, mounted on a pedestal of beautiful white marble; the cross was of polished wood, elegantly bound and inlaid with gold and silver; then followed a number of ca

nons,

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Cross Day, at Malta.-" Is Being."-" Cui Bono.""

nons, or I believe bishops, who were dressed in black silk gowns, with beautiful worked muslin round their waists, and rufflues with muslin sleeves, and a band of music, consisting of a dozen men, three little children, dressed like angels, with wings, and one like Julius Caesar (but I cannot say whom he was to represent), and a number of young priests dressed in white, with lighted candles, chaunting hymns as they went along, in which the people every now and then joined chorus; and lastly, two little boys, dressed in white, with black sleeves, who scattered incense before a canopy borne by six men, under which were three gentlemen of the Catholic Church. I could not very well distinguish their dresses, but they appeared to me to be dressed like the heralds that proclaimed the King's Coro

nation. The middle one carried a small wa

fer or cake, which having been consecrated by the Bishop, is supposed to represent the Saviour, and is enclosed in a gold or silver box, which is called the Host: as this passed by, the people all knelt down. The multitude that followed was very great, all eager to touch the person who carried the Host, and repeated some prayer. The principal thing they carried was the statue representing the Virgin Mary, dressed in a silk gown, with a child in her arms, and a handful of flowers."

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EXCUSE my calling your attention to an expression which is, I am sorry to find, too common, though not, I believe, to be found in any Author of reputation. In the 19th page of your Magazine for January last, are the words referred to, in a paper signed ANTIQUARIUS, "I perceived it was being taken down." So many of the same kind of expressions, such as is being, having lately occured in Newspapers, and other publications of a minor sort, I hope, if you should be of the same opinion with myself, you will notice them, in order, by your authority, to check in time the so frequent use of

Cui Bono?

"IS BEING."

Mr. URBAN, West Square, June 19. CUI Bono? is a phrase, which I

have often heard in conversation, and sometimes seen in print, but generally misapplied, and intended to mean, "What good end can it answer?" or "To what good purpose?

[June,

as if the Cui agreed with Bono in the neuter gender, in which construction (by the bye) I should hardly conceive it to be good Latin. But, however line, and, in construction with the that may be, the Cui is here mascuneuter Bono, is reducible to the idiomatic form of the double dative after Sum, familiarly known to the readers of the Classics.

To be convinced of this, we have only to consider the evident tendency of the phrase, as repeatedly used by Cassius, and afterward quoted from him by Cicero and Asconíus Pedianus

but, more particularly, as answered by Cicero, in a remarkable passage, which I shall presently produce, after having previously noticed the character and practice of that Cassius, as described by Asconius and Valerius Maximus, whose words I transcribe at length, as the works of those authors are not in the hands of every scholar, and I presume that the generality of your readers would prefer the original Latin to an English translation.

Asconius, in his comment on Cicero's oration for Milo, N. 12 (al. 32),

says,

L. Cassius fuit summæ vir severitalis. Quoties quæsitor judicii alicujus esset, in quo quæreretur de homine ocdicibus, ut quæreretur, CỦI BONO ciso, suadebat, atque etiam præibat jufuisset perire eum de cujus morte quereretur: and, in his comment on the first oration against Verres, N. 10 (al. imprimis quærendum esse dicebat, CUI 30), Cognoscendis criminalibus causis, BONO? To this character Vale

rius adds.... L. Cassium, prætorem, cujus tribunal, propter nimiam severitatem, Scopulus Reorum dicebatur. Lib. Cicero, who, in his second Philippic, 3, 7, 9. And now for the testimony of N. 14 (al. 35) says, Siquis usurpet illud Cassianum, CUI BONO fuerit? and thus himself answers the question, Illud fuit omnibus bono. In like manner he uses the phrase in his oration for Milo, N. 12 (al. 32): and we may further observe, in the Auctor Rhetori remark and the accompanying precorum ad Herennium, the following cept: Accusator, alii nemini, nisi reo, bono fuisse, demonstrat....Defensor demonstret, aliis quoque bono fuisse. Lib. 2, N. 4.

From the passages above quoted, I think it sufficiently clear that Cui

Bono,

1822.]

On improper Persons drawing Wills.

Bono, as too frequently used, is misconstrued and misapplied; and that its true and only signification is, "Who is [or was-or is to be] a gainer by the act in question?" or, "To whom is it [or was it-or will it be] a benefit?" Yours, &c. JOHN CAREY.

Mr. URBAN,

You

Alcester, April 4. OUR Leicester Correspondent (p. 211) has advanced some remarks, having for their object to refute the argument comprised in my communication (vol. XCI. ii. p. 589,) wherein I ventured to suggest the advantage of repealing that Section in the Act 44 Geo. III. c. 98, allowing other individuals than members of the legal profession, to prepare wills. Wardy's ideas upon the question, the upon the question, the perspicuity of his style, and his ingenuity, I cannot resist observing, that my opinion remains unchanged; and in offering a few observations, by way of replication, I hope to obtain your candid indulgence for again intruding upon your attention.

Although I profess to be an advocate for the Justinian philosophy, applied to legislation, I revere, equally with your Correspondent, the actions of the Trustees of our Liberties, and ardently do I wish they may ever be successful against the desperate enterprises of innovation; for in that success, the general welfare of our institutions must be essentially dependent. Nevertheless, under any constitution, perfection is unattainable; errors in Judginent, upon inferior subjects, will frequently arise in the best-constituted Governments, from effects which no human capacity could foresee, and no human power obviate; and through the incapacity of those in power, their negligence, or their precipitate attention, misconceptions will arise in enactments, which experience, in the ordinary course of sublunary transactions, will bring to light.

Every one, upon reflection, must perceive that the privilege I am adverse to has a tendency to promote the interest of the profession; and having such a tendency, it will follow, that a portion of the community become sufferers from it. With little apprehension of being contradicted by any Gentleman of experience, and at the

487

same time even slightly conversant in the theory of the branch of law in question, I assert, that a state of liti gation is the natural accomplice of the system the proviso in the Statute generates. In support of this assertion, I refer to my former remarks. The desire of being esteemed trust-worthy on the one hand, and of interest upon the other, amongst other considerations, serve as agencies for many persons destitute of the essential qualifications, to acquiesce in appearing in a character they ought not to have been influenced to assume.

I agree with your Correspondent, in the reasons he has given, by means whereof many Testators are induced to postpone the settlement of their worldly affairs. It is seldom, however, that a measure, intended to effect a good, does not contain in it something of an evil: whether the one or will preponderate ought to be the gradation. for determining its expediency. I confess, that previously to the substitution of one measure for another, the benefit intended to be derived should be ascertained almost to a certainty, and in its nature should appear unequivocal. Were the correction for which I am favourable effected, it might be inferred, that more cases of intestacy would occur contrary to the wishes of the parties than at the present prevail; at the same time, wills would become less frequently the subjects of litigation, the practical evils whereof so often prove subversive of the peace of families, and in the end, frequently, fatal to their interests. In the former, the instances, I am inclined to believe, would not be materially increased through eradicating the present system, and were upon the latter side of the account the benefit to be calculated, the balance, in process of time, from causes originating in the correction, would prove my position not inJULIAN.

correct.

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