the ecclesiastical system, and it is not surprising that Catholic writers have impugned his accuracy, and even his good faith.1 Still, fair-minded Catholics acknowledge his merits, and in course of time his works will be recognized as having added materially to the body of fact, considerable even now, upon which both Protestant and Catholic historians are in funda

mental agreement. Lord Acton not only pronounced the "History of the Inquisition of the Middle Ages" to be "the most important contribution of the new world to the religious history of the old," but declared that its essential parts "constitute a sound and solid structure that will survive the censure of all critics."2 The Abbé Vacandard, author of the best volume on the Inquisition written from the Catholic point of view, while he denies the finality of the work, accepts Reusch's characterization of it as "l'histoire de l'Inquisition la plus étendue, la plus profonde et la plus fouillée que nous possédions."3 Even Mr. Lea's latest assailant, Monsignore Baumgarten, cannot close without expressing "esteem and admiration for his industry, his endurance and undisputed results."

Personally Mr. Lea had the modesty, the candor, the serenity, and the unselfish devotion of the truly great scholar. He was generous of his time and his learning to others, as I can personally testify, and many beginners in difficult tasks of research look back with gratitude to his advice and encouragement. Recalling his own intellectual isolation in the early years of his studies, he watched with pleasure the growing circle of well-trained scholars in the United States, and looked forward with assurance to the future of the American school of history. Such optimism was characteristic of the man, but it also belonged to a view of history which held that the study of the past in the scientific spirit would render us not only more tolerant of outgrown ethical standards, but also "more impatient of the present and yet more hopeful of the future.""

1 Beside numerous articles in reviews, see particularly Casey, "Notes on a History of Auricular Confession: H. C. Lea's Account of the Power of the Keys in the Early Church" (Philadelphia, 1899); and Baumgarten, "Henry Charles Lea's Historical Writings: a Critical Inquiry into their Method and Merit" (New York, 1909).

2 The History of Freedom and Other Essays, 551, 574.

8 L'Inquisition (Paris, 1907), vii.

4 Henry Charles Lea's Historical Writings, 143.

5 See his presidential address on "Ethical Values in History " in the Amer ican Hist. Rev., 1x. 233–246.

Colonel T. L. LIVERMORE paid a tribute to Colonel Theodore Ayrault Dodge, with an estimate of his work in military history. This has been expanded into a memoir, and will be found in this volume, page 208.

Professor EMERTON read the following tribute to Professor Gross:

We are called upon to notice the death of a member of this Society who, though probably personally unknown to many of our fellow-members, was one of the world's first scholars in his chosen field of study. A more detailed account of his work as a scholar will be laid before the Society at a later meeting. It is my duty to-day only to call attention to some of the facts of his life and to say a word in appreciation of his singularly devoted and engaging personality as a man and an academic citizen.

Charles Gross died at Cambridge on the 3d of December. He was born at Troy, New York, on the 10th of February, 1857. So far as we are informed there were no academic traditions in his family that would have pointed him naturaily to the scholar's life, but his ability was early discovered by his teachers, notably by Mr. Harry Pratt Judson, now President of the University of Chicago, through whose influence he was directed toward a college education. He was graduated from Williams College in 1878, taught for a year at the Troy Academy and in 1880 went to Europe for what proved to be an almost uninterrupted residence of eight years. Only once, I believe, did he return to this country, in search of occupation. Not finding a position to his mind, he went back to England and remained until he was called to Harvard College in 1888.

This was an unusual preparation for the work of a university teacher. In that interval of eight years Gross had travelled widely in Europe, had taken his Doctor's degree at Göttingen, had studied in Paris and had spent several years in England collecting material for the work that was to make his chief reputation as a scholar. Early in his studies in Germany his attention had been drawn to the field of municipal history, and especially to the part played in the development of city governments by the organized guilds of merchants or of craftsmen. His Doctor's dissertation at Göttingen was on

the "British Gilda Mercatoria," and his work in England was largely a continuation of studies begun in preparation for that thesis.

In the second year after coming to Harvard he was able to print the two volumes of his "Gild Merchant in England," the first volume devoted to a searching study of the origin and functions of the English guilds, and the second containing a mass of proofs and illustrations arranged according to the several towns studied. Already he had made a great collection of titles for a "Bibliography of British Municipal History," which was published in 1897 as one in the series of Harvard Historical Studies. This led him to the still more elaborate "Sources and Literature of English History to 1485," published in 1900. These are the books which have established Professor Gross's reputation as the first authority in the English-speaking world upon a wide range of questions in English constitutional history. Besides these he has edited two volumes for the Selden Society, one in 1896, of "Select Cases from the Coroners' Rolls (1265-1413)," and one in 1908, of "Select Cases concerning the Law Merchant (12701608)." Numerous articles contributed to many periodicals show his unwearied activity and his keen sense of the inportance of making clear every detail in the group of historical materials with which he was chiefly concerned.

--

As a teacher Gross was occupied during the twenty years of his service at Harvard mainly with instruction in the field of early English history. He gave regularly a full course in this subject and a similar one in early French history, supplementing this class work by personal guidance for advanced students. He was never what is ordinarily and vaguely described as a popular teacher. He used none of the arts of the academic demagogue, who seeks to capture the allegiance of youth by direct assault. He relied in his presentation. upon the same qualities of accuracy and clearness that marked his own study and writing, and his appeal found, as such appeal always does, a ready response in the generous spirit of the student body. No one who came under his influence could fail to catch something of his scholarly quality.

In the work of administration Professor Gross bore his share with a cheerful readiness, with unfailing tact and judg ment. He served for several years as Chairman of the Depart

1909.]

LETTER TO JOSEPH DUDLEY, 1703.

191

ment of History and Government, submitting to its drudgery with patience and organizing many of the activities which the Department is now called upon to exercise.

Personally he was a remarkable union of extreme reserve with an almost childlike dependence upon friendship. He seldom sought the intimacy of his colleagues, but met every sincere advance with a cordial readiness that endeared him to us all. We shall all remember with gratitude the unstinted generosity with which he always shared with us his great store of knowledge and of suggestion for our profit.

In the more intimate relations of life he displayed again the same qualities of absolute devotion to duty and the sacrifice of his own personal wishes for higher ends. His domestic life, begun with every promise, was clouded almost throughout with the shadow of a great sorrow which he bore with unflinching courage and without complaint. In a very true sense of the word his life was sacrificed to demands which a less uncompromising nature might have avoided without reproach, but which came to him as an obvious call of honor that must be obeyed.

Mr. NORCROSS Submitted the following document from his own collection:

LORDS COMMITTEE ON TRADE AND PLANTATIONS TO

JOSEPH DUDLEY.

WHITEHAL, April, the 20th: 1703. SIR,- Whereas frequent Complaints have been made to Us of great Delays and undue Proceedings in the Courts of Justice in several of Her Majesty s Plantations, whereby many of Her Majesty's Subjects have very much Suffered; and it being of the greatest Importance to Her Majesty's Service and to the Welfare of the Plantations that Justice be every where speedily and duly Administred, and that all Disorders, Delays and other undue Practices in the Administration thereof be effectually prevented; We have thought necessary to recommend to you as We do to the several Governors of other Her Majesty's Plantations in respect of their Governments, that in the Courts of Her Majesties Province of New Hampshire under your Government where you are authorised to preside, You take care that Justice be impartially administred, and that as well there as in all other Courts established within Her Majesty's said province of New Hampshire all Judges and

other Persons therein concerned do likewise perform their several Duties without any Delay or partiality.

And whereas We are informed that there is great want of an Especial Court for determining of smal Causes, We do think it for her Majesty's Service that you recommend to the Assembly of the said Province of New Hampshire the passing a Law for the Constituting such Court or Courts, which may be for the ease of Her Majesty's Subjects.

We further require you to take care that an Exact Account be transmitted to Us by every Conveyance of the Causes which have been dispatched, and those which remain depending, and in General an Abstract of all proceedings in the Several Courts of Justice within your said Government. So We bid you heartily Farewel

Colonel T. W. HIGGINSON sent the following note on the Vassall tomb:

I send you a sketch, made by my secretary, of the Vassall tomb-stone of which I spoke to you, in the old Cambridge cemetery. It is a slab supported by five pillars, one at each corner and one in the middle. It had originally only the emblems as given in the enclosed sketch, and until recently was without the inscription. In my time every boy in Cambridge was familiar with the meaning of the vase and the sun, standing for "Vassol," representing the once prominent. Vassall family of Cambridge. We children all knew by heart Dr. Holmes's verse on the "Cambridge Churchyard":