Letters from Lady Jane Coke to her friend, Mrs. Eyre at Derby, 1747-1758;

Front matter

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Introduction

The Wharton family, of whom Lady Jane Coke was the last surviving representative, derived its surname from a " fair lordship " upon the river Eden, and traces its descent from Henry Wharton, of Wharton in Westmoreland, living in the reign of Henry V. Another ancestor. Sir Thomas Wharton, was governor of the town and castle of Carlisle, in the reign of Henry VHI., and successfully resisted an incursion of the Scots, putting them to rout, and making captive the Earls of Cassilis and Glencairn. He marched into Scotland with Lord Dacre, and was at the taking of Dumfries ; for which, with other eminent services, he was created Baron Wharton and summoned to Parliament in 1545.

Lady Jane Coke was the eldest daughter of Thomas, fifth Baron and first Marquis of Wharton, whose father had been a staunch Puritan and Parliamentary partisan in the time of

X. INTRODUCTION.

Charles I. This nobleman, who was esteemed a profound and eloquent statesman, devoted himself zealously to accomplish the Revolution, and is said to have composed the first draught of the invitation to the Prince of Orange, and was created by Queen Anne, Viscount Winchenden and Earl of Wharton. A few years later he was advanced to the dignity of Marquis of Malmesbury, and Marquis of Wharton, and also made a peer of Ireland as Baron Trim, Earl of Rathfarnham and Marquis of Catherlough. He filled with great Mat the high appointment of Lord Lieutenant of Ireland, and took Addison with him as secretary.

The Marquis of Wharton had inherited two estates through his mother, the heiress of the Goodwyns ; Winchenden, and Wooburn, both in Buckinghamshire ; and the former he made his chief residence, effecting considerable improvements in the ancient manor, and its surrounding grounds, which at that time were considered as the finest in the county. On the attainder of his son, Philip Duke of Wharton, the Winchenden estate was sold to the famous Sarah, Duchess of Marlborough, from whom it descended to the present Duke of Marlborough. The old mansion was pulled down at the close of the last century

INTRODUCTION. xi.

and the materials sold, only a small portion of it remaining, which was used as a hunting seat. Wooburn was not neglected, for Lord Wharton is said to have expended ;^ 100,000 in altering the grounds belonging to the Manor House, which was surrounded by a moat, and retained its ancient character of feudal magnificence. The gardens as improved by the Earl were in that age highly celebrated, and are reported to have been in a line of terraces on the side of the hill, which has since been converted into pasture. The manor was very large and the apartments spacious. The gallery was 1 20 feet long, and contained the very celebrated collection of portraits of the Wharton family, which were afterwards purchased by Sir Robert Walpole, and subsequently sold by his grandson, amongst the famous Houghton collection, to the Empress Catherine of Russia. This mansion was taken down in 1750 after the death of the Duke of Wharton, and the materials disposed of for ;^8oo, the estate itself being sold to John Marse, Esq.

Lord Wharton's first wife was Anne, co-heiress of Sir Henry Lee, of Ditchley, Oxfordshire, but by that lady he had no issue. He married secondly Lucy, the daughter of Adam Loftus, Lord Lisburn, and grand-daughter of George xii. INTRODUCTION.

Brydges, Lord Chandos, by whom, at his death in 1 71 5, he left issue a son Philip, created Duke of Wharton in 17 18, an elder daughter. Lady Jane, the writer of these letters, and another daughter. Lady Lucy, who married Sir William Morice, a Devonshire Baronet, and died in 1738.

The life of Philip, Duke of Wharton has been written in detail by Jesse, by Walford, and recently by Robinson, and constantly recurring remarks about him are contained in letters by persons at this period, so that it will be only necessary to mention a few of the salient features of so eccentric a career, commencing with every advantage that extreme cleverness, great wealth, and position could give, and closing, bereft of all, in an exile's grave.

Philip was born in 1698, and married in March, 17 14, when in his sixteenth year only, the eldest daughter of Major General Holmes. The marriage was performed by a Fleet parson, and was the first of the long series of escapades for which the young nobleman became afterwards so notorious. The young wife was said to be a person of "extraordinary education," and she appears to have preserved through all her troubles a blameless character. Her husband deserted her shortly after their marriage, partly,

INTRODUCTION. xiii.

it is believed, at the instigation of his father, who disapproved of the match so much that it is said to have hastened his death, which certainly occurred soon afterwards. Two years later, and while yet a youth, Philip was created an English Duke ; his influence, and the talents he had already displayed, no less than his avowed Jacobite tendencies, having probably made him an object of uneasiness to the new Government. The young Duke squandered his large fortune in the wildest profligacy, but appears soon to have repented of his abandonment of the Duchess, and to have been afterwards guilty of no worse neglect than keeping her in seclusion in the country. In Parliament his Grace attained to the reputation of an able and eloquent speaker, and his speeches against the Ministers were delivered with much effect ; in the instance of the South Sea affair Lord Stanhope was so excited by one of these tirades that, in replying with extreme warmth, he burst a blood vessel and died. The Duke at last openly espoused the Jacobite cause, fled to the Continent, was created by the Pretender, Duke of Northumberland, and continued, much to the disgust of his new friends, to indulge in those eccentricities which rendered him notorious throughout Europe. He was xiv. INTRODUCTION.

attainted for high treason and his propertyconfiscated. The Duchess died in London at her house in Gerrard Street soon after his flight, and the Duke married at Madrid, Theresa O'Neill O'Beirne, Maid of Honour to the Queen of Spain, the daughter of an Irish officer in the Spanish service, with whom he wandered about Europe for some time in an almost destitute state. He died in 1731, aged thirty-two, at the Benedictine Convent, and is buried in one of the aisles of the church belonging to the Monastery of the Franciscans de la Puebla at Rens, nine miles west of Tarragona, in Spain. At the close of the last century the traveller could dimly trace the name of the Duke inscribed on a small slab, which possibly now is entirely effaced. His Duchess soon after his death came to London, probably to claim recognition from the Government, as the late Duke's estates were producinoan income in excess of their obligations. If this was her purpose she does not seem to have been successful, and died in 1777, and was buried in the ground attached to the old Parish Church of St. Pancras.

On the Duke's death, all his honours, excepting the Barony of Wharton, independently of the Attainder became extinct, which Barony is in

INTRODUCTION. xv.

abeyance (should the act of Attainder be repealed)

between several families. His vigour of talent,

and strong impropriety of conduct have been

finely described by Pope in his Moral Essays,

commencing,

" Wharton the scorn and wonder of our days. Whose ruling passion was the lust of praise.''

Lady Jane Wharton was born in 1706, and married 3rd July, 1723, at the age of seventeen, John Holt, of Redgrave, Suffolk. His uncle, Lord Chief Justice Holt, a Privy Councillor for twenty-two years, whose integrity and uprightness as a judge was celebrated by the author of the "Tatler," under the noble character of "Verus," the magistrate, bought Redgrave from the Bacons, and on his death without issue in 1709 the property descended to his heirs.

Lady Mary Wortley Montagu, writing to her sister, the Countess of Mar, in 1721, mentions the coming marriage as follows :

" Lady Jane Wharton is to be married to Mr. Holt, which I am sorry for, to see a young woman that I think one of the agreeablest girls upon earth so vilely misplaced. But when are people matched ? "

The marriage, however, did not take place till two years later, and no doubt it met with the xvi. INTRODUCTION.

approval of her brother, the Duke of Wharton, as it absolved him of his responsibility and afforded his sister better protection than he was likely to be able to give, as the parents. Lord and Lady Wharton, had both died within a year of one another in 171 5. Lady Jane, notwithstanding her brother's extravagances and eccentricities, seems to have continued on affectionate terms with him till his death, and to have done what she could to save him from the effects of his own folly, and to preserve what was left of the family heritage. Mr. Holt died in 1729, and in 1733 Lady Jane married Robert Coke, of Longford, in Derbyshire, Vice-Chamberlain to Queen Caroline, and a brother of the first Earl of Leicester.

The Cokes became possessed of the Longford estate in Derbyshire by the marriage of Clement Coke, the sixth son of Lord Chief Justice Coke, with the co-heiress of Alexander Reddish, of Reddish, in Lancashire. The Reddish or Reddiche family had themselves obtained the estate by marriage with the heiress of Dethick, of Newhall, a family who held the property through marriage with the heiress of the ancient family of Longford, and who had been the owners of Longford from very early times.

Clement Coke was succeeded in 161 9 by his

INTRODUCTION. xvii.

elder son, Edward Coke, created a Baronet in 1 64 1, whose younger son, the third Baronet, died in 1727, and the Baronetcy then expired, but the estates passed by will to Edward Coke (eldest brother of the first Earl of Leicester), who on his death without issue in 1733 bequeathed them to his brother Robert, Lady Jane's husband. One sister, Carey, married Sir Marmaduke Wyvil, Bart, and died childless, and the other sister, Anne, married Major Philip Roberts, of the Horse Guards, and the son of this marriage, Wenman Roberts, on the death of Lady Jane's husband in 1750, succeeded to his uncle's property, and became the owner of Longford ; and took the surname of Coke, calling himself Wenman Coke. He married a daughter of George Chamberlayne, of Hillesdon, Bucks, and in 1759 on the death of his other uncle, the first Earl of Leicester (whose only son Viscount Coke had predeceased him), inherited his, Lord Leicester's, extensive Norfolk estates as well. Wenman Coke's eldest son, Thomas William Coke, of Holkam, for many years Member of Parliament for Norfolk, was created Earl of Leicester of the second creation of that ilk.

Longford Hall, where Lady Jane spent the chief part of her second married life, is a fine xviii. INTRODUCTION.

old mansion of red brick with stone facings, surrounded by an extensive and well-wooded park and beautiful gardens, those in the front of the house being laid out in the formal style of the last century.

The tower at one end of the old hall was pulled down about a hundred years ago, and the house has been considerably altered and modernised since Lady Jane's time, although the south or garden front remains of the same size and length.

Lady Jane appears to have been upon very friendly terms with her Derbyshire neighbours during the time she lived at Longford, and as the Cottons of Etwall were amongst the most influential of her nearer acquaintances, it was natural that some social intercourse should have existed between the two families. The special friend of the writer of these letters was the eldest Miss Cotton, Mary, afterwards Mrs. Eyre, and a close friendship existed between the two for many years, in spite of constant changes in the circumstances of both.

Longford remembers its former inmate, by a fanciful and comparatively modern tradition, and Lady Jane is now known as the "White Lady," and she is supposed to haunt her old home seeking for a lost finger of her left hand, as it will

INTRODUCTION. xix.

be observed that only four fingers are visible in the graceful portrait which is reproduced by permission of the present owner of Longford. The reader will be amused at this fable upon further acquaintance with Lady Jane through her letters, and will agree that she was a most unlikely sort of person to become a ghostly visitant. The painting was never quite completed, which accounts for the unfinished details of the hand. Perhaps Mr. Coke's death may have been the cause of this, as the picture represents Lady Jane at about the period during which she resided at Longford and was the queen of the county society of Derbyshire, for after her husband's decease, when the place passed to his successors, with whom she appears not to have been on the best of terms, she took a final leave of Longford, but her portrait remained there amongst the rest of the family pictures.

The pleasant expression in the painting seems to justify Lady Mary Wortley-Montagu's eulogium of Lady Jane that she was " the agreeablest girl on earth," and her letters to Mrs. Eyre, often written hurriedly and unreservedly, in varying circumstances, will be found to be wonderfully free from spiteful or ill-natured expressions about her fellow-creatures ; although owing to

XX. INTRODUCTION.

her evident sense of humour she now and then indulges in a few caustic remarks, she does not show any signs of vindictive malevolence, even upon those occasions when she considers herself to be suffering unnecessary and undeserved humiliation.

The letters are all written in a beautifully clear and firm handwriting, on large, thick sheets of gilt or silver-edged paper ; they are merely friendly and chatty letters, containing social items, fashions, news, and gossip, in which the names of various well-known people of the day occur, and they do not pretend to the literary merit of some of the more studied letters of this epoch, but manifest rather the simple and easy elegance of style of an educated and cultured woman of the period.

To modern ideas, the uncertain spelling, the liberal and erratic employment of capital letters, even in the midst of sentences, and grammatical errors such as " you was," may appear strange, but we must remember they were indulged in, and sanctioned by all the well-educated and most literary characters of the i8th century, namely Pope, Addison, Walpole, Mrs. Delany, &c. Therefore, in order that the letters may be read with greater facility, I have eliminated the frequent and unnecessary capitals, modernised the

INTRODUCTION. xxi.

Spelling, changed the invariable " y^ " into "the," and occasionally corrected the punctuation.

It must not be forgotten that Lady Jane lived at a time w^hen the coarsest of jests passed as w^it, and sharp vituperation as smart repartee ; the absence of both, in these letters, is the more remarkable when it is considered they vi^ere written to amuse her country friend, and contained alccounts of the principal events going on in the gay world around her.

After Mr. Coke's death. Lady Jane spent most of her time for the next few years between London and Windsor, paying occasional visits to friends in the country, and to Tunbridge Wells and Bath, for the benefit to be derived from taking the waters. She then bought a house at Sunbury on Thames, and resided there until her death in 1 76 1. She is buried in the Parish Church of Sunbury, where there is an elaborate monument to her memory, now unfortunately entirely screened and hidden from view by the organ. She left her large fortune to Miss Anna Maria Draycott, who afterwards became Countess of Pomfret.

Mrs. Eyre, to whom the letters were written, was the eldest daughter of Rowland Cotton, of Bellaport, in Shropshire, and Etwall, Derbyshire, xxii. INTRODUCTION.

who represented Newcastle-under-Lyme in Parliament from 1 710 to 1 7 15.

The Cotton family is traced from the reign of King Henry II., when Sir Hugh Cotton, Knight, of Cotton, in Shropshire, and his brother and heir, were ancestors of the Cottons of Cotton, Alkington, and Bellaport.

It was through Mrs; Eyre's mother, who was Mary, daughter and co-heir of Sir Samuel Sleigh, Knight, of Etwall and Ashe, Derbyshire, by Elizabeth Harpur, his third wife, that Etwall Hall and a portion of the valuable Sleigh property came into the Cotton family. The Sleighs were an old Derbyshire family.

Etwall Hall is a picturesque old house said to date from the nth century, but the present building is of a later period, and the front is faced with stone brought from Tutbury Castle. The gardens were laid out in the quaint Dutch style by Rowland Cotton, Mrs. Eyre's father.

The small engraving of Mrs. Eyre is from a miniature evidently painted at a later period than that in which these letters were addressed to her, as Mrs. Eyre survived Lady Jane Coke a considerable number of years. It is to be regretted that no portrait of her exists contemporaneously with that of her distinguished friend.

INTRODUCTION. xxiii.

Mrs. Eyre's husband was Henry Eyre, of Rowtor. He served as High Sheriff of Derbyshire in 1723. He married firstly EHzabeth, daughter of Sir Hickman Willoughby, and secondly Mary Cotton, of Etwall. By his last marriage he had no issue, but by the first he had one daughter, who married the Earl of Massarene.

Dr. Cox, in his "Churches of Derbyshire," gives the following account of the Eyre family, of which Henry Eyre was a representative : —

" They were an influential and powerful family in the Peak, where they possessed considerable estates. The founder of the family was named Truelove. He was at the Battle of Hastings, and seeing William of Normandy unhorsed, with his helmet beaten down over his face so that he could not breathe, pulled off the helmet and assisted him to mount his horse again. The Conqueror said : 'Thou shalt hereafter from Truelove be called " Air" or " Eyre" because thou hast given me the air I breathe.'"

After the battle the King called for him, and being found with his thigh cut off, William ordered him to be taken care of, and after his recovery gave him the lands in the County of Derby in reward for his services. The seat he lived at was called Hope, because he had hope in xxiv. INTRODUCTION.

the greatest extremity, and the King gave him the leg and thigh cut off in armour for his crest, which is the crest of all the Eyres in England.

Most of the Eyres remained Catholics, being staunch to the old creed ; but another branch, the Eyres of Rowtor, the descendants of the Eyres of Hassop and Rampton, became Protestant ; it is not quite clear when they became possessed of the Rowtor estate in North Derbyshire, but they seem to have resided there for several generations. Thomas Eyre, who died in 1 71 7, by his will left his body to be buried "in my chappell lately by me erected near my mansion of Rowtor," and he made his kinsman, Henry, the second son of Gervase Eyre, of Rampton, his heir, on condition of his constantly residing at Rowtor Hall (which had been recently rebuilt), where he was to maintain "a good house of sober hospitality." This condition does not seem to have been entirely complied with as Mr. Eyre resided principally in Derby.

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Letter I

This letter is the first of the series written by Lady Jane Coke to Mrs. Eyre. The correspondence commences before the latter was married and while she was still Mary Cotton, living with her parents at Etwall Hall. It was usual to address all unmarried women as " Mrs.," and Mrs. Hannah More, who died in 1833, was the last single lady so designated.

The figs most likely came from the fig-trees growing against one of the old red brick garden walls at Etwall, and from the southern aspect the fruit would be sure to ripen well.

A " mobb " was a morning cap or head-dress, which continued to be worn until the end of the reign of George H., and no doubt Lady Jane was giving her young friend the benefit of her experience and taste, and had evidently undertaken to make up a becoming headgear for her.

To Mrs. Mary Cotton, at Etwall.

Dear Madam,

A thousand thanks for the best figs. I ever tasted ; Mr. Coke says he never eat better in Italy. I really take it extremely ill you should make any excuses about sending the mobb, which shall be made up as well as my servant and I together can do it, but you must give me leave to put it upon one of my caps, for yours won't do ; as soon as it is finished I will send it.

Mr. Coke and I beg our compliments to Mr. and Mrs. Cotton, and believe. Dear Madam, I shall always be glad to execute any commands of yours, being

Your most obedient

J. Coke.

Friday.

Letter II

Since the previous letter the marriage of Miss Mary Cotton to Mr. Henry Eyre had taken place. The Miss S. Cotton mentioned in the postscript was Hester Salusbury Cotton, a Httle niece of Mrs. Eyre's, and the daughter of ;her younger sister, Elizabeth Abigail, who married Sir Lynch Salusbury Cotton, Bart, of Combermere, Cheshire, a descendant of the younger branch of the Cottons of Cotton. This little lady seems to have lived with the Eyres, and to have been a great pet of Lady Jane as well as of Mr. Coke, being constantly alluded to as " Madam Sal:" in subsequent letters.

Dear Madam,

Mr. Coke desires his compliments, and we shall be extremely glad of yours and Mr. Eyre's company here on Tuesday next. As I shall have the pleasure of seeing you so soon, I will only add that I am with great truth, dear Mrs. Eyre,

Your affectionate,

Humble Servant,

J. Coke.

Longford, Sunday evening.

I shall be very glad if you will bring Miss S. Cotton with you, and beg our humble service to her.

Letter III

Sir William Stanhope here mentioned was Member of Parliament for Berkshire, being one of the four sons of the third Earl of Chesterfield, all of whom had seats in Parliament.

The Eyres at this time lived in Derby, which was about six miles distant from Mrs. Eyre's former home at Etwall. As the journey to London was then both expensive and tedious, not only did families in the neighbourhood of country towns resort to them for gaiety and shopping, but many possessed town houses in which they resided during the winter season.

The Eyres lived at Babington House, a fine old gabled Tudor mansion which formerly belonged to " the ancient and opulent family of Babington of Dethick," one of the first in the county, who erected the building many centuries ago, and made it their residence. The last of this unfortunate race was Anthony Babington, who lost his life, with others, through adhering to the unhappy Mary, Queen of Scots, against Elizabeth, and the family and the fortune sank with him. The house was one of the meeting-places of the so-called Babington conspirators, and stood on the north-west corner of Babington Lane. The ancient stone gateway was ornamented with the arms of the Babington family, sculptured in stone, supported by " Baboons " upon " Tuns." The hall was wainscoted with oak ; in the panels were various devices, and baboons upon tuns carved thereon, the same being a play upon the name of Babington.

This old house, where Mary, Queen of Scots once slept, has been pulled down, and all trace of it has disappeared, and the site is occupied by modern buildings.

Mrs. Eyre, Derby.

Dear Madam,

I shall be extremely glad of your company, and will call on you next Tuesday morning and bring you to Longford. Mr. Coke bids me make his compliments and say he should be very glad to see Mr. Eyre at the same time, if he is not better engaged.

Believe me alw^ays, Dear Madam,

Yours sincerely,

J. Coke.

Sir W. Stanhope left us this morning. My compliments to Mr. Eyre.

Longford, Friday, September the 30th.

Letter IV

Lady Jane being a woman of fashion, and more often in the habit of visiting London, was naturally regarded as quite an authority on dress, and the subject was evidently frequently discussed between her and Mrs. Eyre, from whom the latter obtained hints and patterns, appreciating the former's wider experience and maturer opinion.

Chatsworth was at this period in the possession of William the fourth Duke of Devonshire. The present magnificent building, erected by the celebrated fourth Earl and afterwards first Duke of Devonshire, took the place of what was even then considered a fine structure, and entitled to be ranked amongst the wonders of the Peak, having been built by the celebrated " Bess of Hardwick," the wife of Sir William Cavendish, and who afterwards became Countess of Shrewsbury.

The Pole family lived at Radborne, where their descendants the Chandos-Poles still reside. The Squire at this time was German Pole, who unsuccessfully contested the borough election of Derby, in March, 1742, when Viscount Duncannon, son-in-law of the Duke of Devonshire, was elected. Mr. Pole complained of " undue influence " having been used, and attempted to set aside the election, for which purpose the Mayor, several of the aldermen, and a great many burgesses, set out for London to attend the House of Commons at the hour appointed to hear Mr. Pole's petition. A special messenger however overtook them at Market Harborough from the Duke of Devonshire, acquainting them that Mr. Pole had withdrawn his petition, whereupon they returned to Derby.

In June, Mr. Pole gave a great outdoor entertainment near his seat at Radborne, " to the burgesses and others of his supporters at the late election, at which there was great plenty of provisions and liquor ; nearly 500 persons sat down to dinner. The Squire, attended by several gentlemen, dined also in public with them."

There were several families of the name of Ward in the neighbourhood.

Dear Madam,

I send you with this, the pattern of the hood and cape you desired, and hope if you wear them it will be for ornament, and not be forced to wrap up, from the pain in your face, which I shall be glad to hear is quite gone.

Mr. Coke went to Chats worth yesterday, and returns on Sunday. I know no sort of news, therefore will not take up more of your time, than to beg you will make my best compliments to Mr. Eyre and Miss Cotton and always believe me,

Yours sincerely,

J. Coke.

Longford, Friday morn.

I have just heard the whole family from

Radbourn dine to-day with Mr. Ward ; imagine

the bustle poor Mrs. Ward is in.

Letter V

The two friends now appear to be on more intimate terms, as Lady Jane does not address Mrs. Eyre as

LETTERS OF LADY JANE COICE. 7

formerly, " Dear Madam," and commences the more familiar appellation which she afterwards usually continued, and her way of signing herself has become more affectionate, although she never discards the " humble servant" which was the invariable custom at that time, and of previous periods.

Mrs. Eyre has evidently been describing the social disagreements of Derby, and how the lack of male partners necessitated the ladies dancing with one another at the Subscription Ball alluded to, which was called an Assembly.

Glover, in his " History of Derby," writes : — " The old Assembly-room in Full Street, Derby, was opened in the year 1714 ; there are accounts of the expenditure to the year 1751, during which time the assemblies were conducted by the following Lady Patronesses : — Mrs. Pole, Lady Pye, Mrs. Coke, Mrs. Wilmot, Lady Atkins, Mrs. Godwin, Mrs. Chambers, Mrs. Bayley, Mrs. Fitz- Herbert, Mrs. Eyre, Mrs. Mundy, Lady Every, who evidently took the quarters in turn, and kept their accounts with great regularity. Under their patronage the assemblies were well attended, and the funds increased, but from 1741 to 1752 Mrs. Barnes was the sole patroness, and during these eleven years she appears to have exhausted the funds, keeping her accounts very irregularly, and never passing them until she resigned in 1752, and made the following curious entry in the account book, which shows how pointedly the distinctions of society were maintained at the time.

" ' Aug. 4th. Delivered up the Assembly-room to the Right Honourable the Countess of Ferrers, who did me the great honour of accepting it. I told her that trade never mixed with us Ladies. A. Barnes.' "

The following are the quaint and interesting rules of the Derby Assembly at this time, and several of these printed notices are still extant : —

Rules To be observed in the Ladies' Assembly at Derby.

1. No Attorney's Clerk shall be admitted.

2. No Shopkeeper or any of his or her Family shall

be admitted except Mr. Franceys.*

3. No Lady shall be allowed to dance in a long

white apron.-|-

4. All young Ladies in Mantuas shall pay 2s. 6d.

5. No Miss in a Coat shall Dance without leave of

the Lady of the Assembly.

6. Whoever shall transgress any of these Rules shall