^-^^V^'

FROMTHE LIBRARY OF TRINITYCOLLEGE TORONTO

COLLECTANEA

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0€^€^l®03€^.

VOL. VII.

LONDON:

JOHN BOWYER NICHOLS AND SON,

PRINTERS TO THB SOCIBTT O» ilHTlQTJARIBS, 25, PARLIAMtNT ITRKT, WUTMIIHTER.

1841.

Ul

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COLLECTANEA

Copo5rapJ)tra | (gtnealogica.

L

On the Stanley Legend and the Houses of Boteleu, FiTz-AiLWARD, Lathom, and Stanley, &c.

— " a most anclent and distinguished bearing — the Eagle and Ciiild."

VVaverley, iii. 349.

It is generally known that the ancient ancl chivalrous house of Stanley, branching from the Aldithleys, assumed its local narae from the Staffordshire manor of Stanley, and that, on a subse- quent acquisition of the Forestership of Wirral in Cheshire, it adopted the allusive arms so often triumphant in the tournament and the battle-field — " the buck's heads on a bend Azure." To these arms, however, at the close of ihe fourteenth century, the junior, but most distinguished branch, Stanley of Lathom AND Knowsley, added, instead of their former bearing, the crest of Me eagle and cradled infant — being i\\e previous cognizance of the Lathoms, to whose estates they succeeded by marriage, and whose descent is now first illustrated from records.

The first known male ancestor of this house is Henry,* father of Robert lord of Lathom, the latter of whom founded Burs- cough priory in Lancashire, " pro anima Henrici R. junioris et pro anima Johannis Comitis de Mortune," most probably during Richard's crusade, and certainly between 1173 (the date given to John's pi-ior dignity) and 1199, that of his accession. But trudition has assigne<l a more remote origin, the said Robert being stated •» to be a supposed descendant from Orm, and

*■ Uoless he was the same with Henry Fitz-Siward, ^antee in Flixton (Testa de N.) from AJbert de Gredle, the advowson of which place Robert Fitz- Henrj gare to Borscoagh.

** Baine8's Lancashire, toI. ir. 235.

voL. vn. B

•i ON THE STANLEY LEGEND

"credible tradition" to describe the said Orm as " the Saxon pro- piietor of Halton, who, driven from his possessions in Cheshire, established himself in Lancashire, and by his marriage with Alice the daughter of Herveus (a Norman nobleman, ancestor of Tiieobald Walter) obtained large estates in this county," and " was no doubt the founder of the church which, with his own name, constitutes that of the parish" of Ormskirk. (Baines, Lanc. iv. 235.)

Records partly confirm and partly contradict this. In con- firmation, Domesday proves the ejectment of Orme, the Saxon Lord of rieletune,c and the Testa de Neville states the marriage of Onnus Magnus with Ahz dauffhter of Herveus.^ It is clear to every heraldic eye that the arms of Boteler are the basis of those of Lathom,^ with a difference not more than an early filial one ; and it is certain from tlie Testa de Neville that the La- thoms were the heirs of Orme Fitz-Ailward as to a knight's fee ndjacent to Ormeskirk ; ^ the said Orme and Ailward occurring precisely, as to time, in the space between Ormus Magnus their probable ancestor and Ilobert Fitz-Henry otherwise de Lathom.

But in order to connect Fitz-Ailward, his probable Saxon ancestors, and their traditional lands with the Lathoms, it is ne- cessary, first, to vary from an important Lancashire pedigree 8 (that of the knightly family of Ashton of Ashton-under-Line), and then to support the tradition by arguments dravvn from

* Isdem Willielmus (filius Nigelli) tenet Heletune. Orrne tenuit, &c.

"* So Brydge8(Peerage, ix. 58.) and others, except the T. de N. as printedby the Record Commission, which gives Ornifr*. most probably from a misread contrac- tion, " Theobaldus Walter tenet, &c. — et inde Herveus pat' Hervei Walf dedit Ornifr'. Magn' cum filia sua Aliz in maritag' iiij car' terre in Rontheclive, &c. p' servic' militare." p. 403, col. 2. According to dates this Orme would rather be the successor of the Saxon, than the ejected himself.

• Gregson (Fragments, I. 2*, and IL 243.) remarks the resemblance and con- jectures somc connexion, but honestly confesses himself unable to trace it.

' As may be seen by collating these extracts, which identify the eatate and tenare of Fitz-Ailward and the Lathoms :

822. Alb'tus de Gredle Senex dedit feodu I. milit' Orm' fil' Ailward in maritag' cu fiUA 8ua, scir in Dolton et P'bold, et M'rittinton. Heredes p'd'ci Ormi tenent p'd'cam terra.

823. Alb'tus Grcdle senior dedit Orm' fil' Eward' cu filiA sua Emma in maritag* una caruc' t're in Eston^p' x* p'annu. heredex ip'iu8 Orm' /«i«i/t'ram illam.

H39. Heredes Orm' fil' Ailward in Dalton, Parbold et Witfrington.

791. Feoda Thome de Grctlcy. — Robertus de Lathum /«»<'/ unil fcodu milit' in Childewall, et q'rtii p'ic milit' in Parbold et tre» p'tes milit' in Wrothinton, de d'co feodo.

« Thc pedign-e of Ashton ; sor Noxr. A. p. 12. €■

AND FAMIKV OV LATHOM, &C. S

other efitates and other lineage than those of the ejected Saxon, Orme of Halton, lo which il refers, namely, by arguments drawn from the said knight's fee, adjacent to Ormskirk, in Dalton, Far- bold, and Wrightington, which is said to have descended to Emma wife of Fitz-Ailward, through her father, the Baron of Manchester, from Albert de Greslet, who obtained the sanie in exchange for lands granted to him at the Conquest, h and which passing in marriage with Emma (as by extracts from the Testa de Neville annexed) to Orme Fitz-Ailward her husband, de- scended (according to the same evidence) to the Lathoms as his heirs. » And it is most probable that this Norman inheritance passed by marriage of Fitz-Ai]ward's heiress to Robert de La- thom, the founder of Bui*scough, together with the representa- tion in land and blood of the earlier Orme, the subject of the Ira- dition, as the church of Ormskirk (the Saxon's reputed founda- lion) formed part of Robert de Lathom's endowment, and the adjacent Norman fee is ciearly traceable from Fitz-Ailward to tiie Lathoms, Robert*s heirs, and described as heirs of Fitz- Aiiward also, about the close of the thirteenth century.

The argument is as follows: Robert de Lalhom, about 1180, founds Burscough, being patron of Ormskirk by traditional de- scent from Orme the Saxon, Lord of Lathom &,c. in that parish; and about 1307 his representative and namesake occurs as hereditary owner of the fee of Orme Fitz-Ailward adjacent to Ormskirk. There is no reason to suppose that these estates came from different sources, and as dates wiil not allow Robert's father to be son of Fitz-Ailward, it is most likely that the estates in question came to him (Robert) by marriage. Both occur as hereditary possessions of his great-grandson, and neither were acquired by his grandsoiCs marriage with Alfreton ; and of the two persons left for consideration, dates and the assumption of the local surname point to the founder, Robert de Lathom, ra- ther than his son Richard, as the husband of Fitz-Ailward's

^ It appears from Domesday that Albert Greslet and Roger de Bnsli bad a joint grant of Blackbumshire ; which was afterwards partitioned, Greslet (ancestor of the Barons of Manchester) receiving, in exchange for part of his grant, a portioti of Leyland hundred, andthe manorsof Adlington, Duxbary, Brindle, Worthington, and Coppul, and a knighVa fee in Dalton, Wrightingtun, and Parbold. Whatton on the Arms of Manchester (Mem. of Lit. & Phil. Society, 4 N. S. 479.) qnoting Kaerden'8 and Kenion's MSS.

' Viz. as in note', where " Heredes Ormi" occur as tenants (fo. 839) ; and RoVtus de Lathom as tenant of the same (fo. 791).

B 2

4 ON THE STANLEY LEGEND

iieiress. The connection thus supported is indicated by dotted lines in the foliowing pedigree, and its complete proof would at once esiahlish this douhle descent of Norman and Saxon pro- perty, confirm the Lancashire tradition as to descent of blood, and shew connexion with the Botelers, whose arms the Lathoms adopted, appearing to have adopted them as arms of affection for their greater kindred, at the very time wlien tlie connexion witli Fiiz-Ailward took place. Robert de Lathom cannot be supposed to have inherited such from liis father, for Engiish Royalty itself was only then commencing the use of armorial distinctions ; but Burscough Priory testified to the bearing of the son, by giving his arms as the ensign of their liouse, and the Tar- bocks, who branched from Richard Fitz-Henry his brother^ adopted the same witii another difference, though apparently at a mucli hiter period.k

Tliis wili be more clearly explained by the annexed pedigree, conibining the evidence i-elating to tlie early Lathoms and their baronial predecessors with that which illustrates tlie continua- tion of descent to the time when the representation of the direct line merged in Stanley.

To the generation immediately preceding this union tradition refers the Stanley Legend; but the latter part of the same pedigree, witli the documents subjoined, will most completely remove from such rera the possibility of the alleged events on which the romantic tale is stated to be founded.

The tradition (as given by Bp. Stanley in his " Historicall Poem touching y^ Family of Stanley,"') agreeing with Vin-

^ This adoption by Tarbock must also be considered as arms of aifection in some degree, as they were not of the blood of the fumily whoae arms their own elder line (viz. the Lathoms) adopted, but they would most probably takc the arms used by their chief at the time of their separation, ratlier than any that might have been introduced subsequently, which is an argument in favour of the connexion with Fitz-Ailward taking place in the generation here supposed. Tarbo<:k was of the fee of Knowsley, which the Lathoms did not acquire until several descents after, nnd until such acquisition the correspondence in arms could not be founded on tenure by theTarbocks from thcir own elder Une.

' By Thomas Stanley, Bishop of Man. An imperfect anrient copy e.xists in MS. Harl. UA\, and a larger portion is transcribed in Colc'8 MSS. vol. xxxx. Another copy, presumcd to be complcted by various collattions of the author of thi* essay, i> in the library at Sedbury.

'W'ith respect to Bi.shop Stanley, Seacome (Hist. of the Isle of Man, 46.) calli him son of the^r«/ Lord Monteagle, and, tf lo, he was brothcr of his namesake.

ANU FA.MILY OF LATHOM, &C 5

cent*s MS. Collections in tlie College of Arnis, de«cribes tlie Lord of Lathom as issueless and aged " fowerscore " adopting an infant " swaddled and clad in a mantle of redd," which an eagle brings unhurt to her nest in Terlestowe wood, and which he names Oskell, and makes heir of Lathom, where he becomes the father of Isabel Slanley, stoien away in the first instance by her knight, and afterwards forgiven by Sir Oskell. ™

In Seacome^s History of the House of Stanley is given an- other version, supplied by represcntatives of the Lathoms of Irlam in Lancashire and Hawthorne in Cheshire, descended, according to their own tradition, from the legendary foundling; tlie tradition stating as follows :

That Sir Tiiomas de Latliom, son of Sir llobert (one descent being omitted) in the reign of Edward HL had Isabella by his Lady, and an illegitimate son by an intrigue; and that the son was introduced to his wife's notice, as found under a tree near the eagle's aery, and in the first instance adopted under the nanie of Sir Oskatel, but discarded before the death of Sir Tiiomas, Irlam and Urmston in Lancashire, and Hawriiorne in Cheshire, being settled on him and his heirs, and the rest of the Latliom estate duly descending to Isabel Lady Stanley. That on such adoption Sir Thomas had assumed for his crest " an JSagle upon wing, turning her head back, and looking in a sprightly maimer as for something she had lost,'' and that on tiie disowning, the Stanleys, " eitlier to distinguish or aggrandise themselves, or in

Thoma» the second Lord, Anthony Wood says, " a Cadet of the Earls of Derby," and with lest cauiion praises him as " a tolerable poet of his time." His best Fpecimen is the character of James Stanley, Bishop of Ely ; but the work is a very extraordinary one. Beatson (i. 249.) states this Thomas Stanley to have been Bp. of Man in 1510, afterwards deprived, restored 1556', and dead in 1558. The last date is incorrect, as in 2 Eliz. 1559-60, he sued the corporation of Wigan respect- ing Courts there, as " Bishop of Man and the Owt Isles and Parson ot Wigan : " and ander the same designation, in 1 1 Eliz. sued William Gerrard respecting tithes of Ince and Hindelay. (Ducat. Lanc. vol. ii.) Baines gives his presentation to Wigan rectory Aug. 9, 1558.

In the History of Birds, by Edward Stenley, Rector of Alderley (now Bishop of Norwich) Tol. i. 119, willbe found some interesting anecdotes of asportation of infants by eagles, illustrative of the family crest, and the corresponding story of King Alfred and the Eagle's Narsling, " Nestingum."

■ The Legend, as thus told, is represented by fine oaken carvings in the Warden'» 8tall at Manchester, put up by the before-mentioned .Tames Stanley, Bishop of Ely. In the foreground is the ancient gate-house of Lathom Hall, which has been incorporated wilh the restoration of that celebrated boilding engraved in Roby's Traditions of Lancashirc.

6 ON THE STANLEY LEGEND

coiUempt and derision, took upon them the Eagle and Child," thus manitestinj; the variation and the reason of it. °

The possibility ofLathum of lrlam's descent from Lady StJin- l€y*s legitimate brother is noticed subsequently; but stripped of its marvellous drcss, Seacome's story has three points: l. An opposition of illegitimate male coliaterals to Lady Stanley's succession: 2. the assumption of the Eagle crest by ihefather of the heiress : and 3. the subsequent adoption of the Stanley cvest from niotivescf contemptand derision. The older story of the " Historicall Poem," which only generaily involves the adoption of an illegitimate representative, as a wondrous found- ling, under alleged failure of issue, will be disproved by the same arguments as the points here mentioned.

I. In TiiE NOTK subjoined» are given the results of a recent search into records at the Duchy office, which prove that Sir Thomas Lalhom (the Oskell of the Historical Poem), son of Thomas de Lathom and father of Isabella Stanley, was succeeded by a son^ Thomas (the SirOskatel of the tradition of the Irlam family) who enjoyed indisputably Knowsley and Childwall at least, with other manors, and at his death, in 1383, left an infunt heiress Elena, whose claims were opposed by virtue of an alleged entail, by Isabel wife of Sir John Stanley, who entered irregu- larly on Lathom, John of Ghent Duke of Lancaster (and as such, suj)erior lord of Lathom) steadily opposing him. It fur- ther appears that the question was litigated as late as 1386; when it appears to turn in favour of Stanley, and he was in undoubted possession of Laihom and Knowsley and their dependencies be- fore 9 Hen. IV. 1407-8. At this last period Stanley wjis the favourite of the Lancastrian Court, and Steward of the House- hold, and had served as Lieutenant of Ireland, and succeeded ihe Percies in their forfeited Royalty of Man : but it is fair to

" Mr. liaines (Lanc. iv. 24R.) quotes anothcr modern rersion of the story (apparently founded on a paraphrase of the Metrical History {Cole's MSS. voL 39.) and erroneously substituting Lathom of Astbury, for Lathom of Irlam,) and properly opposcs to its assigned aera the arms in Astbury yrindows,j and on Sir Thomas Lathom's scal (History of Cheshire, vol. iii. p. 14, 20.) aa proofs of earlier usage ; but thc iiiscription " (3skcll Lathum " in other glass at Northcn- (leu, (ibid. iii. 31M.) also mentiuucd in Mr. Baines's note, is not, as he appears to Kuppose, in memory of a real " Oskell who bore as his crest," &c. ; but merely explanatory of the Stanley crest there painted. (Sce postea, p. 11.) It provea, as (he Metrical ilistory docs, that the nnmc Oskel was used in the legend temp. Hen. VII I. and that tlte Stanley» used botU figures of thc crest, but nothiug morc.

• Noir B. (hercaftcr, p. l.J.)

AND FAMILY OF LATHOM, &C. 7

adtl, that tlie fortune of llie suit appcars to Imve turned before Henry's accession, wben the infant Elena was protected by ihe Duke of Lancaster in his hei<>ht of power, and Stanley's oppo- sition was admitted by that King and Duke, in Parliament, to be " in ipsius Regis et Ducis gravem contemptum, dampnum non modicum, ac libertatis sue lesionem manifestam."

II. With respect to the assumplion of the regardant Eagle, by the father of the heiress (in blood) of the eldest line (who in all circumstances differs most materially from ihe person given on statements of the Irlani family by Seacome) the Astbury win- dows are at once decisive, where an Eagle rising, regardant, standing on a Cradle, is given as the crest of the younger sons of Elena*s great-great-grandfather, living beyond the period to which even Seacome's own account of the legend relates. In some form or other, that bird was Uie bearing of Lathom from the ver>' earliest usage of crests by knightly farailies. The Eagle displayed, charged on the breast with the armorial shield, occurs in the seal appendant to the grants of Sir Thomas Lathom in the time of Edward III.; and tlie Tarbocks of Tarbock, who branched from Lathom in the twelfth centuiy, bore, as already stated, in acknowledgment of common origin, the same arnis differenced by an Eagle's leg erased in the field, and (by allow- ance of the heralds in the visitation of 1613) " an Eagle close " on the helmet.

III. And as to the time and causeof variation, Seacome's opi- nion is admitted to be formed on a signet, stated to be inherited from *' Sir Oskatel," and representing the Lathom crest inac- curately, as " on a wreath, an eagle rising regardantP The Irlam faraily had allowance of arms, but not of crest, in the Visitations of 1613 and 1664, and therefore, technically, had no right to claim any as anterior to Ihese ; but if such crest was ante' rior, it nevertheless was inaccurate, as proved by the ancient glass at Astbury, hereafter mentioned ; and the difference, between the crest there given and the Stanley crest, is not more than a female Jine, or indeed a junior branch of the same male line would have adopted. Several branches of Lathom, afler the termination of the chief line, did adopt what is called " a preying Eagle ; " as for instance, the Lathams of Congleton early in the sixteenth century, and, in the Visitation of 1613, the Lathoms of Mos- borough : and although the later Eagle is verbally blazoned tis preying, the child is popuiarltf coiisidered as the nwsliug^

8 ON THE STANLEY LEGEND

and not the prey, P and " Non dormit custos" (Psalni cxxi. 4.) has occurred, as an accompanying motto. It may be difficult to select a much earlier instance of the Stanley bearing than the one given in the windows of Northendcn church (Hist. Chesh. iii. 318.) in the memorials for Sir John Stanley of Elford and Humphrey Stanley, Canon of Christcliurch, where (in the same arrangement of devices) hoth eagles are given, as matter o( heraldic indifference, with infants, underwritten Ostell and Oskell Lathum,^ and it would surely have been impossible for the earlier Sir John Stanley to have shewn any coutempt for the hereditary badge of Elena's father, that would not also affect the ancestors of his own Isabella. •"

It is very likely, as Dugdale supposes, that the legend, or, as he terms it, the " credible tradition," may relate to a former ancestor, " in token whereof, not only his descendants whilst the niale line endured, but the Stanleys proceeding from the said Isabel, have ever since borne the child in the eagle's nest, with the eagle thereon for their crest;" but not thatsuch legend relates to " a large spread oak in the park at Lathom," which may more safely be referred to ancestral Northmen, with its scene in the pine-forests of Scandinavia. It is presumed to have been proved (as far as could be expected under the circumstances) that every link of descent in the Lathom famiiy was legitimate to Isabel ancestress of Stanley, as well as to her brother, tlie father of the heiress Eiena, her competitor ; that the bearing, stated to have originated in these disputes, can be traced far be- yond them, or beyond the usual period of crests in knightly fami- Vies; and that the Stanley bearing is its reguhir continuation.

The LocAi, suHNAMK of thc Lathoms is still of frequent occurrence in ihe Lancashire hundred of WestDerby ; but, not-

i' So in the Butaile of Brampton or Floddon, speaking of King James,

" He was prostrate

By tbe helpe of th' Eagle tcith her swadied chylde."

t In the original Visitalion of 1613 (Uarl. MSS. 1437), the verbal blazon leaves the /orm of the vrcst indiflfercnt, simply stating " an Eagle and Child ;" see note * following.

' The proclamation of Hcnry VIH. at Elthara, in honour of the hero of Floddoo, takes the same view of the Stanley badge, as a long transmitted bearing, " for that hU anceHtort bore the eagle in their crest, he should bc proclaimcd Lord of Mont- «ygle." Dugdalc, Baron. ii. 255. Henry would scarccly apply such phra«e to the usuge of the four male generation» which preceded the said Peer. The bird of Flod- don, moreover, "with wings wapped « Ae i«)«»Wy7ce," ^linc T5"i,) if thc poeticai Chronicler may be tnuted, was the rising cagle.

AND FAMILY OF LATHOM, &C. 9

withstanding their early settlement and vvide raniificatiun, it exists no longer among the ancient hereditary gentry of that county, attiichment to Romanism and to the Stuarts having sub- verted most of the coUaterals.

The earliest olf-shoot, Torbock of Torbock in Knowsley iordship, entered in the Visitations of 1532 and 1567, is con- tinued a generation further in Harl. MSS. 1549, and occurs in the Lanc. Inq. p. m. in 1640, and was intimately re-connected with the parent stock by several intermarriages. *

The Lathoms of Mosborough (grantees thereof 20 Edw. l.) entered fourteen descents in the Visitation of 1613. They are alluded to as Catholics in Tracts about 1645, but have not occurred subsequently ; but from them, or from Parbold, several branches connected with Ormskirk are supposed to be de- rived. '

Lathom of Astbury (Cheshire) descending from Philip younger son of Sir Robert de Lathom," is clearly identified by the ancient painted glass formerly in that church, nearly of the time of Edw. IIL * Several sons, ancestors of collateral lines, occur therein, and in the MSS. of Sir P. Leycester at Tabley. Of these, Robert Lathom (living 1 Rich. III.) was fathcr of Blanche, sole daughter and heiress, wife of Richard Massey, a younger brother of Sir GeofFrj- Massey, ofTatton. From lier descended, as representative colieirs, the families of Newton, MoRETON, Mere, and Somerfoud, of which — Mere alienated

• Arms, Visit. 1567 (HarL MSS. 2086, being Glover'8 transcript, and additions by W. Smith, Rouge Dragon, HarL MSS. 6159.) Lathom, with an eagle'8 leg erased, Gules, for difference. Crest, on a wreath an eagle close. Gregson and Baines give an ancient armorial seal of Sir William Torbok, knt. corresponding with this.

• Arms : Latham with a mullet Gules for difference. (Visit. 1613. Harl. MSS. 1437, being the book of original entries.) " The Creast ; an Eagle and Childe with « 3 difference." In the ofBcial transcript, the Arms are also given with a mullet sable, as difference of the third house. The Crest is, on a chapeau Gules, tumed up Ermine, an infant Proper, swaddled Gules, banded Or, thereon standing an eagle preying Or, differenced as in the arms.

" Of Sir Robert, husband of Catharine Knowslcy in pedigree Coll. Arm. but qu ? whether not of Sir Robert hU father, as Philip is not mentioned in the feoff- ment recited in Inq. p. m. 8 Ric. II. in which Knowsley is stated to be entailed on Joan, sister of Thomas de Lathom, failing his issue.

• These windows (1576) contained seven armed figures of this family, accom> panied with arms, crests, and inscriptions, identifying four descents (as in the pe- digree subjoined) which are preserved in HarL MSS. 2151, and in Vemon'8 MSS. in the librarv at Somerford, and described in History of Cheshire, iii. 20.

10 ON THE STANLEY LEGEM>

its estates during the Protectorate, and Hodgson of Leighton ( Westmorland) representative of Sonierford, forfeited in 1715.y

Nicholas Lathom, one of the collaterals of this branch, is be- lieved to have been lineal male ancestor of Alexander Lathom of Congleton in Astbury,^' temp. Hen. VIH. and surviving 1571 and 1578. No direct evidence is attainabie on this point; but the descent of the latter from Astbury has been supported by uniform family tradition ; the Latliam cognizance appears on his seal, appendant to exlsting deeds; tiie Newtons (coheire of the elder line) occur in fines connected therewith; and the early collaterals of his family bore the family names of the older branch. From this Alexander, lands in Astbury parish de- scended to his immediate representative John Latham, M.D. of Bradwall Hall in Sandbach, in whose wife (as eldest co- heiress of Mere of Mere) fetnale representation of the elder line is vested, as appears by the pedigree annexed.»

JoHN Latham, M.D. of RuMSEY, the Ornithologistj and WiLLiAM Latham, Esq. F.S.A. of Quenby Hall, Leicester- shire (sons of John Latham of Wheelockin Sandbach, descended from Ralph Latham of Haslington 15G4) were of a branch scat- tered widely over the boiders of Cheshire and Staflordsiiire, which the last mentioned antiquary referred to Astbury, but proof of connection is lost. ^

Lathom of Parbold next branclies off" in the person of Edward Lathom, grantee of Parbold from his father Tliomas, son of Sir Robert, and of W^rightington from Iiis brolher Sir Thomas.*^ Robert Latliom of Parbold occurs in Inq. p. M. 11

y ArmR: Latham, over all a Aend/e/ Gules, in chief three besants (instead of plates) for difference. Crest : On a wreath, on a child's cradle Gules, an eagle rising, regardant, Or. It is observable that the arms of the Astbury branch, though varying frora the usual coat of Lathom, in the substitutwn qf besanls, as well as the addition of the bend, differ in the latter part only from the contem- porary bearing of the chief line given in the Roll of Arm» (1337 — 1350) published by Sir N. H. Nicolas, p. 22, " Le Sire de Latham porte d'Or a un cheif d'afur endente, trois rondelles d' or en le chief.

* Cheshire CoUections of WiUiam Latham of Quenby Hall, Esq. F.S.A. as by letter to Henry Whitficld, D.D. 180.*).

■ Arms of Latham of Bradwall, formerly as those of Latham of Astbury ; but by later confirmation, the field erminois, and a bend over all. Crest : On a rock Pro- per an eagle, wings elevated, Erminois, preying on a child swaddled Azure, banded Argent. See Hist. Chesh. iii. 14, 66,

^" MS, pedigree by William Latham, £sq. IHOC.

' Tbegrantee of Wrightington it> placed in thc piK oling generation in pedigree

AND FAMILY OF LATHOM, &C. l^

Heii. VIII. and the descent of Thomas Lathom (apparently his son) is continued in Uugdale*s Visitation to 1661. This branch was also of Allerton near Liverpooi (the seat of the Hard- mans, and of Roscoe the historian) which was sequestrated, during the Protectorate, in the life of Richard Lathom of Far- bold, uterine brother of Sir Thomas Tildesley, the ceiebrated friend and fellow-soldier of the royalist E^rl of Derby. Baines mentions that possession of Allerton was disputed by the Par- bold family after the Restoration, and refers to it Peter Lathom, who devised considerabie sums to local charities about 1720.

The luLA.M Hne (according to Seacome) descended from (a non-existent personage) Sir Oskatel, stated to be the iliegitimate brother of Lady Stanley, and, when disowned, to have received the *' mannors of Earlom and Urmston" near Manciiester, and Hawthorne in Cheshire. (Edmund) Lathum of Irlam, temp. Car. I., is said to have joined the royalists, and suffered over- whelming persecutions, leaving one son, last heir male, whose eslate, recovered during his minority, was finally ruined at tlie Revolution. In confirniation of the alleged descent, Seacome*s informant, Captain Finney of Fulshaw, quotes the kindness of Earl Charles to Edmund's son when a boy, and his uniform practice of calling him " the top of his kin," the latter being probably mere good-humoured ievity, and the former originating in pity for the son of his father's friend.

Captain Finney's authority was Mary Lathum, sister of the last heir male, born about 1645, and to a certain degree corope- tent to speak from contemporary recoUeclion, but certainly not so as to facts alleged to have occurred in the fourteenth cen- tury, and olherwise unsupported. From the prominent situa- tion which this branch occupies in Seacome, the pedigree is brought down through the Visitations from its commencement, and continued to his time.«l The arins allowed in 1613 were Liithom, with besanta in chief, as difference ; but in 1664 Dug-

CoU. Arm. but is identified as brother of the last Sir Thomas Latham, by the Inq. p. m. taken 8 Ric. II. He appears to be the Edward Lathum " del age xl ans et ploz " examined at Lancaster Sept. 19, 1386, in the Scrope aad Grosrenor Contro- versy, voL i. p. 306.

Lathom of Parbold in Dugdale's Visit. had allowance of the foUowing arms and erest. Arms, as Lathom of Lathom. Crest, on a wreath, on an oak-branch tron- cated and laid fesseways, Argent, a Heron ? rising Or.

^ See pedigree Note C. p. 16.

12 ASHTON, OF ASHTON-UNDER-LINE.

(lale allowed the plates in chief, with u bendlet Gules for difier- ence; and the female descendants, down to 1819,econtinued this beiidlet over all, which was also sometimes used by Mosborough, as well as Astbury. Irlam (in partial conformity with the family tradition) rnay descend in the female line from the heiress Elena, but was in all likelihood a branch from Mosborough or Par- bold ; which last pedigree is defective at the tirae when the Irlam pedigree commences.

NoTE A. See p. 2.

As to alleged raale descent of Ashton of Ashton-undcr-Line from Orme Fitz-Ailwabd.

The old Lancashlre genealogists have stated thls Orme to be male anccstor of the Ashtotis of Ashton-under-Line : Collins (Baronetage, 1720, vol. ii. 207.) making hira grandfather of Sir Thomas Ashton, wardcn of the Cinque-ports in 1381, vvhich is manifestly impossible, as Robert Grcslci, to whom Orrac was uncle by raarriage, was aged ouly eleven years in IISG, and Orme himself appears to have been boru about 1 130, by calculation of descents.

Other pcdigrees vary the head of this genealogy, and Baines (Lanc. ii. 532.) has introduced some new members of it, namely, " Roger de Wrightington," ahas de Ashton, alias Fitz Orm, from Kuerden's MSS. and '' Thoraas de Ashton, with Orm his father," from a deed stated to be existing in 1617 j butfrom these no descent is attempted lo be proved, (although thc priuted line of dcsceut froni thera is given as establishcd); aud if the Ashtons really descended froui Orme Fitz-Aihvard, it seems impossible that it can be otherwise than thiough a female, coheiress with the ancestress of Lathom.

But, is the great lordship of Ashton identical with thc humblc caru- cate of " Eston," given as part of Emnia de Greslei's inheritance in marriagc with the said Orme, and held immediately frora Manchestcr Barony by render of xs. ?

An original deed is given by Eaines, ii. 536. from which it appears that Ashton manor was held iraraediatcly from Manchcster by Sir John

* Letter from P. Davenport Finney, Esq. 1819. In the Visitationa of 1613 and 1G64 no crest accompanies the arms allowed to tlie Irlam branch. In the original Visitation Book Dugdale writes " Qu. Crest /" butin thc office copy (his own auto- graph) gives none. Informntion of C. G. Young, Esq. York Herald. This is more particularly murked, as Scucome'8 argument turns mainly on the fgure of the Irlam crest. See p. 7.

ASHTON, OF ASHTON-UNDER-LINE. 13

Ashton, 13 Hen. IV. by the render of xxij». and a hawk, or payment of \\s. for forester's pnture. This proves it to be what, in Cheshire, wa» called " a wareland" within the Chace of Blakeley. Another ex- tract from an indcnture of Feb. 1413 (ibid.) states that the manor then hcld by the said Sir John, was held iu 12 Edw. I. (1283), imme^ diately from Manchester, not by Jshtons, but by the aucestor of Sir Richard de Kirkby j and documents are quoted (ibidem) to show, that in 5 Hen. VI. the Ashtons held as a subinfeudation under Kirkby. It does not appear that au Ashton really held that manor, by any known antlientic decd, before a charter of free warren 9 Edw. III.

It has escaped observation that there were two Estones in Manches- ter Barony, Ashton subtus limam and Orm-Eston, the latter being only dinded by the Mersey from a third Ashton, whicli had lords of its local name. VVith this second vili the Eston of Ihe Testa de Neville raay with equal or greater propriety be identifted, namely, vith Orm-Eston, now Urmston, i/i the parish of Ftixton, which church was given by La- thom to Barscough ; which Flixton *' Eston " follows in the Testa de Neville ; and in which Unnston (anciently Ormeston and adjacent to Irlam) the last Lathum of Irlara's representative informed Seacomc that bis family held a manor, derived (according to family tradition) from the elder line. It is certain that this township in the time of Edw. III. gave nameto Adam de Ormestone, and that Urmston's heir (Dugd. Visit. Lanc ) brought a manor here to Hide of Denton ; but this clashes in no way with the desceut of the single carucate, or the possibility of a separate or paramount manerial interest.

It is immaterial to the discussion which ofthese vills was " Eston," and whether Ashton inherited from Orme Fitz-Ailward in either or m both of them, or otherwise ; but it is presumed to be proved, that if Ashton was heir, he must be coheir, in the female liue, and coheir with Lathom.

NoTB B. p. 6.

With respect to the existing evidences of the legitimate descent of the Lathoms of Lathom during the entire period to which the Legend has been referred, and of the particulars connected with the suit between Sia John Stanley, husband of Isabella de Lathom, and JoHN DuKE of Lancaster, on behalf of his ward, Elena de Lathom.

From an Inq. p. m. ' taken in tbe second week of Lent, 8 Rich. IL (1385) it appears, that Thomas, son of Robert de Lathom, Knt. died

' Recendy examined in the Dacby Office, but on paper, and firom the signatnre at foot, " examined bj R. Henderson, Vice Chancellor," snpposed to be only a

14 FAMILY OF LATHOM, OF LATHOM.

seised in fee tail of the inanor of Knowsley (coinprising Roby, Knows- ley, Huyton, and Torbuck) beld of the Duke of Lancaster, of vvhich a feoflfinent had been made to Robert and Catharine his wife, for their lives ; remainder to Thomas, son of Robert. and heirs of his body ; re- mainder to Joan his sistcr, &c. ; and also that a feoffment had been made of the manors of Childwall, Aulesarghe, and one fourth of Wright- ington, held of John Warre, Knt. to said Thonias aud Eleanor his wife, daughter of John de Ferrers, Clievr, and tlie heirs of their bodies, re- mainder to right heirs of said Robert.

And that the said Thomas died (holding otlier estatcs aud homages irrelevant to this subject) Tuesday after feast of Exaltalion (Sept. 14) 44 Edto. III. 1370, and the Jurors say (viz. in 1385) that Elkna, dau^hier and heiress qf Thomas son of Thomas de Lathom, Knt. son of Thomas son of Robert, Chevalier, is cottsin and next heir of the afore- said Thomas sou of Robert de Lathom, who is of the age of one year and one month.

lu indorseraent of Close RoU (Duchy Records) 1377, next appear an enrollment* of a grant frora Thomas de Lathom of lands in Lathoin and elsewhere to Robert de Breton, vicar of Huyton, and Thomas de Ryding, chaplain (granted 49 Edw. IIL 1375), this Thomas being evi- dently Sir Thomas de Lathora, who (according to the above Inq. p. in.) entered, in 1370, after his father'» death, and received profits, &c. for twelve years (saving of Wrightington which he— namely, Sir Thomas last mentioned — had alienated to his younger brother Edward) and then died, viz. in 1382.

By Joanna, daughter of Hugh Venables, Baron of Kinderton, Che- shire (Latham pedigree Coll. Arin. and Leycester'8 MS. pedigree frona Kinderton deeds), Sir Thomas left a daughter, Isabella de Lathom, who married Sir John Stanley ; but by inquisition aforesaid it appears, that after the death of Thomas de Lathom, Chr. came Thomas son of the aforesaid Thomas de Lathom, Knt. and enfered on the premises, as in the inquisition, and took profits for a year and a half, except as to Wrightington, and that aftcr the death of the aforesaid Thomas (in 1384) the landa were seized iiito the Duke's hands, by reason of the nonage of Elena, daughter of Thoraas beforementioned, Roger de Fa- zackerly taking the profits for half a ycar, and the Duke subsequently, viz. up to Lent 1385.

In confirmation, it apiwars from the calendars of Duchy Close Rolls, that in 1382 a writ* to tiic eschaetor issued on the death of Isabels

copy of the tinae of Ilenry VII. Tlie date 44 Edw. III. hae hecn altered to 24, in thi> copy, but the original writing 44 is correct. Tlie passagee marked (•) refer to a Calendar of Duchy Close Rolls, printed as an official Calendar in B«ines'> Lanrathire, vol. i.

SIR JOHN STANLEY. \Sl

fatlier ; and (1383, 4, 5), other writs* of diem clausit extrcmum on the death of Thomas Lathom, for setting* out dower in Latbum for the widow Isabella Lathom, and for proceeding* in an assize of novel- disseizin as to Knowselegh, Cbildwall, Roby, and Aulasargh, on behalf of said Roger de Fazackerley, foUowed by a mandamus* to the cschaetor on behalf of the Duke (guardian of Elena), and lastly, a precept* to sheriff to give seisin of tenements in Latbum to Isabella, tbe widow. Tbe course of which is accordant to the tenor of the inquisition 8 Rich. II.

In tbis last year (1385) the opposition of the daughter Isabella ap- pears to have commenced, as tbe Duke of Lancaster (Parl. RoUs, 9 Rich. II.) complained verbally and grievously to tbe King, Prelates, and Peers in Parliament, tbat the manor of Lathom, beld under him in Than- age, beiug seized into his hands on account of tbe nonage of the heir of Thomas sou of Sir Tbomas de Latbom, knt., Jobn de Stanley, Knt. pretending thatthe said manor belonged to hira after the deatb of the said Thomas, son of Sir Tbomas, in right of bis wife Isabel, by pretext of a» entaily bad entered into the same, witbout livery or suit in the Duke's Chancery ; whereupon, after consultation of tbe Judges of each Bencb, Serjeauts and lawyers (at tbe Duke's petitiou) it is determined that the entry was uulawful, and tbat Stanley must proceed in the Dnke'8 Chancery, by petition, or otherwise.

In tbe same year, the Calendar of Close Rolls gives the Duke's *' mandate* to the Justices of the Bencb, to pruceed (for Roger Fazac- kerlev) on novel disseizin as to the t^nements of Sir Tbomas Lathom, knt. in Knowsley, Cbildwall, Roby, and Anblesargb, and on no account togive judgment without tbe Dnke's advice.

Sncb judgment does notappear, but in 1386 is the Duke'8 writ* for redisseizin for roessuages and lands in Latbum on behalf of Robert de Barton (grantee of Sir Thomas in 13/5) and in 9 Hen. IV. Isabella Stanley was, donbtless, finally settled in the inheritance of ber fatbers, as by a cbarter of that year, Sir John Stanley, Steward of the Honse- hold, bas free warren in his manor of Weton, and by anotber cbarter, free warren in all tbe contested manors, namely, " Lathum, Knooalegh, Cbildwali, Roby, and Aulasargb."

l^

PEDIGREE OF LATHUM OF IKLAM.

NoTE C. pp 7.\\, 12.

Pedigrec of Lathum of Iklam (clairaants of being tlie representatives of the reputed foundling, dispossessed by Sir John Stanley), froin the Visitations of 1613 and 1664-5, with a continuation.

yimu. As Lathom of Lathom (1613), with a difference of besants for plates in chief, and (in 1G6"4) as Lathom of Lathom differenced with a bendlet Gules, overall.

Thomas Lathum.-r-.

Edmund Lathum, younger brother.

=Petronell, dau. of Geo. Massy of Rixton, by his wife Katharine, dau. and heiress of Oliver Barton.

Sir George Lathum, of Irelam, knt.' temp. Edw. VI.

^Margaret, dan. of Lever, of Little

Lever. (Vis. 1613.) (Elizabeth, dau. of llobert L. Vis. 1576.)

Geo. Lathum, of-^Margery

Irelam,e8q.son & heir. (See Arma- da Subscription, Mar.24, 1588.)

dau. of

Dich- <ield.

Edmonde Lathom, " of whom there is noe issue mtde re- maynyng." (Visit. in 1665.)

Thomas Lathum^fElizabeth, dau. of John Ash- of Irelam, 1613. 1 ton, of Bamfarlong, co. Lanc.

Andrew Lathom,: of Whiston, co. Lanc. died about the beginning of reign of Q. Eliz.

John. Lathom ofWhiston. Henry. (Dugdale'8 Vis. Lanc. 1664.5.)

-Thomasine, dau. toGeo. Lyon, of Eccleston, in Lanc.

Edmund Lathum of Irelam, gent.^ aged 30, 1613, died circa 1637.

= dau. of Leigh of

Swinehead, co. Cest.

Richard. John.

2. George. Edmuud Lathum of=pJane, eldest dau. of Peter Egerton

Irelam, died in Aug. 1652 (having suf- fered sequestration of his estates).

— I Alice.

of Shaw, (in Flixton parish,) Lanc. sister of Mary, wife of Sir Thomas Stanley, of Bickerstath,bt. ancestor of the present Earl of Derby.

Thomas Lathum of Irelam, aged IS^f^ dau. of —

years, 1 Dec. 1664(who8e cstates, re- Ashurst.of Ash- covered during his minority, were lost hurst, co. Lanc. in political embarrassments at the Re> (Seacome.) volution. Seacome.)

l.Mary(d.atFuI- shaw, co. Cest. 1730, in ex- treme old age. (Seacome )

1

2. Eliza- beth.

Jane, sole heiress by gurvivorship, wife of John Finney, of Palibaw Hall, co. Cest. geut. was married about 1693. =r

Two daughters died s. p.

Captain Samuel Finney of Fulshaw Hall, informant of Seacome as to the family of Lathum of Irlam, about the year 1741.

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II.

NOTICES OF THE FAMILY OF IIODY, &C.

Thr following will of Sir John Hody of Pillesdon in Dorset- shire, Knt. Chief Justice of England, is from the register of the Archbishop of Canterbury at Lambeth, " Chichele, 481^." It was not known to the editor of the last edition of Hutchins's History of Dorset; and will serve to correct some errors in, and add illustration to, the pedigree there given of the family of Hody.

Sir John Hody was appointed to fill the high office of Chief Justice of the King's Bench on the 13th of Aprii 1440, in the 18th year of King Henry VI. » The appointment of his suc- cessor Sir John Fortescue, celebrated as the author of the trea- tise "De laudibus legum Angliae," is dated on the 25th of Jan. 1442-3.»^ Both these learned persons are enumerated by Sir Edward Coke amongst the " famous and expert sages of the law," from whom Littieton had " great furtherance in compos- injz his Institutes of the Laws of England." The name of Sir John Hody does not appear in Dugdale's " Chronica Series " prior to his elevation to the Bench : he had previously, how- ever, been called to the degree of King's Serjeant at Law ; and imder that designation both he and Fortescue are found as ar- bitrators awarding in a dispute between John Plunger, Perpe- tual Vicar of the parish of " St. Dunstan's West in Fleele- strete in the suburbs of London," and John Mayor and John Holdernesse, keepers of tlie works and oniaments of the said church, on the one hand, and William Pepyr and Jolni Whit- tokesmede on the other ; respecting the foundntion of a perpe- tual chantry at the altar of St. Catharine in the said cliurch, pursuant to the will of Thomas Duyk, Jate citizen ofLondon. This award is dated on tlie 8th July 1439, 17 Hen. VL i'

The family of Hody was of considerable antiquity in the county of Devon. According to the Testa de Nevill, Jordan

• Dugdalc'8 Chrooica Seric». •» Chart. 44. F. 46. Brit. Mm.

NOTICES OF THE FAMILY OF HODY. 23

de Hode held the third part of a knight's fee in Hode, and half a fee in Walleworth in that county, of Nicholas Fitz-Martin. Richard Hody was King*s Escheator of Devonshire, 31 Edw. IH. «^ and died about 32 Edw. HI. seised of West Raddon and Mershewode manors in that county, and leaving Thomas Hody his son and heir, then fifteen years of age. ^ The pedigree of the family, taken at the visitation of Somerset in 1623, com- mences with John Hody of Stawel in that county, who is said to have been father of the Chief Justice. e This, however, is an error, as appears from the foUowing will, where the name of Sir John's father is shown to have been Thomas, while his unde is raentioned by the name of John.

WILL OF SIR JOHN HODY, 1441.

In Dei noie amen. Anno Dni Mittio ccccxl p^mo Et anno regni Regis Henrici sexti post coquestu xx™o Ego Johes Hody miles copos mentf & sane memorie codo testatum meu in hunc modu In p>mis lego aiam meam Deo oTpotenti bteq^ Marie & oib} scis corpusqj meu sacre sepultur ad sepeliend in eccia de Wolavyngton in nova capella ibm costructa & edificata in qua corpus magri Johis Hody avQculi mei sepeiir. Item lego fabi"ice eccie Cath Sci Andree Wellen xx» Itm lego fabrice eccie poch de Stawell vi» viij^. Itm lego fabrice eccie pocli de Pyllesdon vis viijd. Itm volo & ordino qd feoffati mei de oTb} terris & ten meis in Shaftesbury ac infra burgu ejusdm ville faciant Eliza- beth uxori mee sufficiente & securu statij in lege de ?ris & teti ^dcis feend eidm Elizabeth ad ?m vite sue ita qd post mortem ejusdem Elizabeth terf & teii pdict integre remaneant Witto Thome & Alexandro filiis meis ac concepto illi in uro dce uxo- ris mee impregnate si masculus fuit alioquin pdco Witto Thome & Alexandro & her de corporibus eox exeunt & p de- fectu hmoi exitus remanef inde rectis heredib} meis inppetuii Et qd feoflfati mei de omb) aliis terris & ten meis exceptf ?f & ten meis in Sy theway *" & alibi in com. Devon terf & ten in Fontell in com. Wihes que quondam fuut Rici Diccombe de quih} ?ris & ten exceptf pexceptf dci feoffati mei exit et pficua inde pven deUbent seu deUbari faciant executorib) meis p in-

« Rot. Orig. " Esch. 32 Edw. 111. 2d Nos. 103.

' MSS. Harl. 1559, f. 7. 1385, f. 18. ' Sic. No doubt a clericai crror for Nytheway.

^ JJOTICES OF THE FAMILY OF HODY.

vencioe Johis filii 8c her mei quousqj idm Johannes ad etatem sedecim annox pven^it et post dcam etatem copletam si tam diu se vive cotitrerit dci feoffati mei facient eidm Johi sufficiente statu in lege tiendm eidm Jobi & her suis inppetuu Et si con- tingat eundm Johem obir ante dcam etate compet sine exitu de se extunc iidm feoffati mei faciant statu de cris & ten pdcis ex- ceptf pexceptf filio meo tunc sen de dic? etal existen Et si filii mei pdci obierint infra annos pdcos sine exitu tunc faciant statu inde filiabus meis hend sibi & her suis in ppetuu Et qd dci feoffati mei de pdcis terr & ten sic except faciant inde securu sta- tum in lege dce Elizabeth uxori mee ad ?um vite sue ita qd post mortem ejusdem Elizabeth terre & ten pdict sic except reman pdict Johi & her suis inppetuu pviso semp qd hmoi covenciones mee fact cum Johe Latimer armigo p Nichlo fiho suo & Johanna filia mea uxore ejusdm Nichi teneanc & pimpleant Itm lego uxori mee ducentas libras in auro ac ima duodena vasox argenti voc a dozein garnisshed quo^ una dimid duodena nup p me empt fuit apd London & at dimid ex legato dci avuculi mei ac duodecim alios discos argenti cu uno chargre nup p me empt de executorib^ dne de Lovell &, Ramshni Itm lego eidm uxori mee duos pelves argenti cu lava?s uri in medio unius est una Rosa in alio scutu armoj meox Itm lego Thome Hody pri meo unu ciphu argenti deaurat que nup hui de Ilobto Coker. Itm lego Alexandro fri meo unu ciphu ar- genti deaurat vocat a gobelett cooptu et INIargarete uxori ejus unu ciphu argenti deaurat cooptu que nup hui de Ricardo Leyot ctico Itm lego Witto Carent unu ciphuin argenti in pte deau- rat Itm lego Nicholao Latemer & Johanne uxi ejus una pecia argenti cu cooptorio Itm lego Rico Hygon & Elizabet uxori ejus una pecia argenti coopt Itm lego Johanni filio meo illam media duodena vasox argenti qua hui ex legato avuculi mei pdci & unii pelve argenti cu lava?io sculpt in medio cu armis meis Et volo qd idm Johannes sit sub custodia executox meo» Itm lego Rico Skey & Alicie sorori ej^ cosanguineis meis quin- quaginta marcas viz. utriq^ eox vigintiquinq) marcas Itm lego Johi capetlo meo xx» Itm iego Witlo Lovell xx^. Itm lego Johi Suddon xx". Itm lego Ricardo Noweris xiij* WVy^ & Juli- ane uxori ejusdm xx» Itm lego Johi Crice xiij* iiijil Itm lego Agneti svienti in cama uxoris mee vj^viij'' Itmlego WittoHake- lynvjsviijd Itm Wittmo Rydon vi" viij<l Itm lcgo Johi Coke X* Itin lego Pelro Pant vi'* viij'! Itni lego Witto Robynys

NOTICES OF THE FAMILY OF HODY. 25

vjs viijd. Itm lego Johanni Stone vj» viij<* Itm lego Rico Ro- byns iij'! iiij'* Itm lego Michti Mountagu iij" iiij** Itm lego Michli svienti in cama iij^ iiij^ Itm lego Johne sviente in camera iijs iiije Residuu vero bonox meo|> & catalloi non le- gatox volo & ordino qd filii et filie mei pdict non maritat dco Johanne filio meo primogenito excepto inveniant p disposicoem & ordinacom execul' meox & sint sub eoa custodia. Hujus au- tem testati mei ordino facio & costituo dcam Elizabeth, Witt Carent, Tlioma Hody, & Alexandr Hody meos executores ut ipi disponat p aTa mea put in eis spTa? confido. Dat sub sigillo meo xvij die niensf Decemb} anno Dhi & anno regni Reg pdci pdcis.

We learn from this will, that besides John, William, and Margaret, who are the only children of Sir John Hody named in the pedigrees in the Visitation books, he had two other sons, Thomas and Alexander, and a daughter Johanna, then married to Nicholas Latimer, s besides other daughters then unmarried. The names of these latter daughters are not mentioned; but from a pedigree of the family of Bond, of Grange, in Dorsetshire, in the College of Arms, ^ it appears that Mary, one of the daughters of Chief Justice Hody, was married in 1453 to Robert Bond of Hache Beauchamp in the county of Somerset, and Lutton in the county of Dorset. The other daughter, Margaret, is stated in the Visitation book to have married Thomas Baynham of Deans in the county of Gloucester.

Of the sons of Sir John Hody, it is probable that Thomas and Alexander died young in their mother's life time. John the eldest was seated at Stowel in the county of Somerset, and at Nitheway in the parish of Brixham in Devonshire, and his pos- terity long continued there. William the second son was knighted, and became Chief Baron of the Exchequer, 22 Oct. 1487, 2 Hen. VII. » and was ancestor of a line which flourished for many generations at Pillesdon. Prince, in his " Worthies

« This, according to the pedigree of the family given by Hutchins, was Sir Nicholas Latymer of Duntish, co. Dorset, Knt. Sheriff of Dorset and Somerset, 22 Hen. VL and 11 Edw. IV. He afterwards married a second wife Margaret, who is named in his will, dated 8 Feb. 1504, proved 17 April 1505, and registered in the Prerogative Office.

^ Norfolk, vol. vi. f. 132. Visitation of Dorset, 1623. C. 22. f. 204.

' Dugdale's Chronica Series.

26 NOTICES OF THE FAMILY OF HODY,

of Devon," relatesa tradition of Sir John Hody having tried and pronounced sentence of death at the public assizes, on his own son Thomas, who was found guilty of a capital crime. Tliis story is amply refuted by the editor of Hutchins, who, however, erroneously supposed that the Chief Justice had no son of that uame.

Sir Alexander Hody, brother of Sir John, was attainted on ihe accession of the house of York for his adherence to the oppo- site party ; and his lands, having been forfeited on that account, were afterwards restored to his nephew Sir William. ^ By an inquisition taken at Yeovil on tlie 26 Oct. 1 Edw. IV. it was found that he held at his death, in right of Margaret his wife, "who survived him, the manors of Westbourn, Everley, Weme- don, Tokeswill, &c. besides other lands and hereditaments in the county of Somerset, and that having been also seised of the manor and advowson of Oterhampton, the manors of Newnam and Godelney, as well as of lands in Bowre de la Mere, Wol- lavyngton, Stoke Courcey, and elsewhere in the same county, he had conveyed the latter by deed dated 5 July, 38 Hen. VI. to certain feoffees upon trust, after his decease, to enfeoff Margaret his wife therein for her life, remainder to W^illiam Hody senior in tail, remainder to William brother of the said William in tail, remainder to his own right heirs. l It appears also by an- other inquisition taken at the same time, that he held the manor of Kington Magna with rent in Kington Parva, &c. in the county of Dorset, which he settled in the same way. He died 16 May 1461, and John, son of Sir John Hody, Knt. brother of the said Alexander, was his kinsman and heir, and of the age of 26 years and upwards.

EHzabeth, the wife of Sir John Hody, was the daughter and eventually heir of John Jewe of Whitefield, in the parish of Wiveliscomb, in the county of Somerset, and not of Whitfield in the county of Devon, as erroneously stated in tlie Visitation books, and all other pedigrees of the family of Hody. She brought with her in marriage the manors of Pillesdon, Putton, and Chickerel, in the county of Dorset, and those of East and West Whitfiekl, besides other iands in Somersetshire. After the death of her first husband, she becaiue tlie wife of Kobert

^ HutchiaB'8 Hist. of Dorset, second edit. > Esch. 1 Edw. IV. no. 34.

NOTICES OF THE FAMILY OF HODY. "27

Cappes, Esq. who was Sheriff of Dorset and Soraerset 24 Hen. VI. and by whom she had a son James.

By an inquisition taken after her death at Bridport, co. Dor- set, on the 30tli Nov. 13 Edw. IV. it appears that she was seised in fee of the manors of Piilesdon, Putton, and Chickerell, be- sides lands in Atram, and a messuage in Dorchester, in the county of Dorset, and that having obtained a release thereof from John Hody her eldest son, by deed dated 22 April, 8 Edw. IV. she settled the manor of Pillesdon, in conjunction with Ro- bert Cappes her husband, by a fine levied at Westminster, in three weeks from Michaelmas in the same year, upon herself and her husband for life, remainder to William Hody her son, in taiJ, remainder to her own right heirs. And by another inquisition taken at Crokeherne, co. Somerset, 31 Oct. 13 Edw. I V. she was found to have held the manors of East and West W^hitfield, with lands in Fyfehed, Mertok, Chiew, Kynges- bury Episcopi, Compton Pauncefote, and Chilteme Dummer, in fee, and a similar release thereof having been made to her by her son John, and bearing the same date as the above, she limited the manors of East and West Whitfield, with the lands in Pyfehed, by a fine levied at Westminster at the same time as the foregoing, to herself and her husband for their Jives, remainder to James Cappys their son in tail, remainder to her son William Hody, remainder to her own right lieirs. It appears further that William Carent, Esq. having been seised of the manor of Stowell (no doubt as trustee to her first hus- band), had conveyed the same to her for life, remainder to die said John Hody her son in fee. This feoffment was made after her second marriage, and it is probable therefore that the manor of Stowell was not part of her own inheritance. She died on the third of August 13 Edw. IV. leaving John Hody, son of Sir John Hody, Knt., her son and heir, then of the age of 30 years and upwards. ™

These inquisitions seem to confirm the account of Sir William Pole," who, speaking of Elizabeth Cappes, says, " This woman disinherited her eldest sonne, and conveyed her land part unto Sir William Hody, Chief Baron, and part unto her issue by Cappis. Between whose issue," he further says, *' there con- tinued a long contention."

» Esch. 13 Edw. IV. no. 60. • Sunrey of DcTon»

'28 NOTICES OF THE FAMILY OF HODY.

The will of Robert Caps is recorded in the Prerogative office, and was dated at Pyllesdon, 24 Aug. 1475. He gives a silver cup and other articles of plate to William ' Hordy,' and makes James Caps, his son, and Radegund wife of the said James, his executors.

The manor of Pillesdon seems to have been acquired by the family of Jewe, by inheritance from the ancient family of Pil- lesdon, which had previously possessed it from a very early period. In the first of King John, there was a suit between Peter de Bucwde and Richard del Estre concerning the custody of the lands» and heir of Waneis de Pilesden. °

In Hilaiy term, lOth John, Henry de Catesclive and Felicia his wife demanded against the Abbat of Ford, four hides of land in Burgestoke and Catesclive, co. Dorset, as the right of the said Fehcia, to which the Abbat pleads that he and his Monks held the same by grant from Warresius de Pillesdon, and in proof thereof he produces the charter of the said Warresius. P By an assize 28 Hen. III. it was found that one furlong of land in Morbath, co. Dorset, was the inheritance of Basilia, lale the wife of Warresius de Pillesdon, who died on his journey to Jerusalem, and that Eudo de Pillesdon was the son and heir of the said Warresius, and then under age. Q

By a fine levied at Westminster, in fifteen days from Easter, 6 Edw. III. and afterwards in the octaves of the Holy Trinity, in the same year, John de Pylesdon and Margery his wife settled a messuage, two acres of land, twenty acres of meadow, forty acres of alderbed, and 50«. rent, in Pylesdon, Stondelegh, and Whytchurch, co. Dorset, upon themselves for their lives, re- mainder to their sons, John, Thomas, Nicholas, William, Ro- bert, and Stephen, successively in tail, remainder to John the father in fee. ^ Besides these children, John de Pillesdon had a daughter Alice, who married John le Jeu, son of William le Jeu, as appears by the following fines : and as the manor of Pillesdon passed from the family of Pillesdon to that of Jewe, not very long after this period, it rnay reasonably be conjec- tured that all the sons of John de Pillesdon died without issue,

• Rot. Cur. Reg. Plac. a die S'c'i Mich. i j. m'sein. 1 Joh. m. 12; p Plac. ap. Westm. de term. S'c'i Hill. 10 Joh. rot. 11. in dors. ^ Plac. in comit. Dors. 2H Hen. III. ' Fine8 Dor»et. 6 Edw. III. no. 59.

NOTICES OF THE FAMILY OF HODY. 29*.

and that Alice their sister thus became heir, or coheir of the family.

** Finalis concordia facta apud Ebor a Die Pasche in quin- decim dies a. r. R. Edwardi ?cii a conquestu undecimo &c Inter Wittm le Jeu & Agatham ux^em ejus quer 8c Thomam de Pillesdon capettm & Henr de Ablyngton vicariu ecctie de Brodewyndesore def. de uno mesuagio una carucata ?re viginti acris p^^ti quadraginta acris pasture viginti acris bosci & sexa- ginta solidatis redditus cu ptiii in Whytefeld a Fyfhyde Unde ptfra convencois &c. Pdcus W^ittus recogfi pdca tefi cu ptin esse jus ipius Thome &c. Et &c. iidm Thomas & Henr conces- serunt pdcis Wiftmo & Agathe pdca ten cu ptifi et illa eis red- diderunt in eadem cur. Habend & tenend eisdem W'ittmo & Agathe de capit dnis feodi illius p svicia que ad pdca tefi pti- nent tota vita ipo^j Witti & Agathe. Et post decessu ipo^ Witti & Agathe pdca tefi cu ptifi integre remanebunt Jotii fit ejusdem W^itti & Alicie fit Johis de Pillesdon & her de corpibj ipo^ Johis & Alicie exeuntib} tenend de capit dnis feodi illius p svicia que ad pdca tefi ptinent inppm. Et si contingat qd iidem Jolies & Alic obierint sine herede de corpib) suis exeunte tunc post decessu ipox Johis & Alicie pdca tefi cu ptifi integre rema- nebunt rectis heredib} pdci Wifti, &c." s

By another fine levied at the same time, a messuage, six bo- vates of land, six acres of meadow, and thirty shillings rent, with pasture for twelve cows in " Merkok and Cote," was settled by the said William le Jeu and Agatha, upon the said John de Pil- lesdon fqr life, remainder to John, son of the said W^illiam le Jeu and Alice daughter of John de Pillestion, in tail, with re- mainder to the right heirs of the said William. *

W^illiam Jewe and Thomas Jewe, who were probably sons of John le Jeu and Alice de Pillesdon, by fine levied at Westmin- ster, in one month from Michaelmas, 1 Ric. H. conveyed a moiety of the manor and advowson of Pillesdon to Robert Pygas and Elizabeth his wife, in tail, remainder to John Jewe in fee."

In the 15th Richard II. six messuages, two carucates of land, twenty acres of meadow, and one hundred acres of pasture in

• Fines Somerset, 11 Edw. III. no. 43. ' Ibid. no. 71.

■ Fines Dorset, 1 Ric. II. no. 4.

3ft NOTICES OF THE FAMILY OF HODY.

Westchikerell and Podyngton, the inheritance of William Jewe, were conveyed by the said William, by fme, to Alice Malet^ for her life, with remainder to John Jewe and his heirs. y

In 20th Ric. II. Iloger le Walsch and John Jewe held the fourth part of a knight's fee in Chickerell and West Chickerell of William Montacute, Earl of Sarum. z The will of tiiis John Jewe is found in the Register of the Archbishop of Canterbury at Lambeth, " Chichele/' n». 32, f. 294^, by which it appears, that besides Elizabeth, who afterwards became the wife of Sir John Hody, he had three sons, John, William, and Thomas, and a daughter Johanna. All these no doubt died without issue, for it is shown by the foregoing inquisitions that the manor of Pillesdon, as well as the other estates of the family, eventually centred in Elizabeth Hody : and it appears by Hutchins, that she is described in the institution books of the Bishop of Salis- bury in 1438, as " Elizabeth, wife of John Hody, daughter and heir of John Jewe deceased."

WILL OF JOHN JEWE.

In Dei noTe, amen. Ego Johannes Jewe, die ven^is in festo sci Cuthfeti Epi anno Domini miftmo cccc™o xv™<* condo testa- mentum meu in hunc modum. Inprimis, lego aTam mea Deo & corpus meu sacre sepulture vidett in cemeterio eccie de Wyfles- combe. Itin lego CathedraU eccie Sai iijs. iiijd. Itm lego vica- rio de Whytchurche pro decimis oblitis vjs viiijd. Item lego vicar de Wyflescombe vj». viijd. Item lego Rectori de PuUesden xx". pro decimis obUtis. Item lego Abbati de Forde & suis mo- nachis xx*. Itm lego Abbathie de Cawehle (?) xx». Item lego eccie de Borstok unu bovera & una vaccam. Itm lego Fribus de Dorchestre v». Itm lego fribus de Bristol ordinis Augustini vs. Itm lego hospitaU scc Trinitatis &, gloriosi martiris sci Thome apud London iij*. iiij^. Itm lego unum Trentale Rectori de Hywhysse Chanflor. Itm lego unum Trentai Rectori de Cloteworthi. Itm lego unum Trentat vicar de Borstoke. Itm unum Trentale Rectori de Bedescombe. Itm unum Trentale dno Wittmo Stefyn. Itm lego Wittmo Jewe fri meo unam toga penulat cum bev. Itm lego cuitt paupi in die sepulture mee i^, Itm lego Johanni fiho meo unu ciphum vocat grete inaser qui

* She was sister and coheir of Nicholas le Walsh. See Hutchins's Hist. Dorg. r Fines Dorset, 15 Ric. II. no. 98. ' Calend. Inq. p. m. 30 Ric. II. no.35.

NOTICES OF THE FAMILY OF HODY, 31

quondam fuit ciphus pris mei ad Pminu vite sue & post decessum suum remanebit suo heredi & sic de herede in heredem semp maneat. Km lego dco Johi filio meo nna peciam argenti cum cooptor. Itm lego Wiitmo filio meo unam peciam argent cu cooptor. Itm lego Thome filio meo unam pecia argent. Itm lego Johanne filie mee una pec argenti. Itm lego £hzal)et filie mee unam peciam argenti. Itm lego Witto Jewe omes ?ras & ten mea in Greylyshey ad ?minu vite sue & post decessum suu remaneat feoffatc meis ad maritand filias meas & post mari- tacoem eax remanebut ux i mee ad ?minu vite sue. Itm l^o dco fri meo unum ciphum cum cooptor. Itm lego Rectori de Pullesden unu palliu & una toga furrat. Itm lego Robto Blane- ford totum meremiu meu in loco limitato sub fraxino ex oppoito porte mee sub parte australi ex tribus de melioribus & unu Bas- larde.a Itm Alicie Panter xx*. Itm reddilum viginti solido^ ad ^rainu vite sue capiend de feoffatf meis. Itm lego ux^i mee duas togas furra? una cum calabyr & altrum cum grey &, omes redditus meos ab hinc usc|3 ffh nat Dni, videlt de ?minis Na- tivitatis Dni, Pasche, Nat Sci Johannis Bapte, Michis, & Na? Dni. Itm lego Johanni Lokezerd ij burg mea in Dorchestre ad ?minu vile sue & una toga blodiam furrata. Itm lego Robto Lokyas di quart fri di q^rt ordii & una toga furrat. Itni lego Thomasie Coll ij b} fri & ij b} ordii. Itm lego Josepb Watte- combe di quart fri & ij b} ordii. Itm lego Margarete Tris- tram j b} fri & j b) ordii. Itm lego Johanni Greynehelle unu juvencu etatis triu annoz. Itm Matild Berdys una ju- venca etatis trium anno^. Itm lego Idonee svient mee xiijs. iiij**. duas banketas & ij linlb. Itm Margie servient mee xl«'. Itm Alicie Tristram una vaccam etatis quatuor annoz. Itm Johanni at Horsemelle duas oves matrices cU suis agnis. Itm filie Johannis Lukezerde quatuor oves matrices cu suis agn. Itm filie Henr Horshey iiij oves matrices cu suis agn. Itm lego residuu oTm bono^ meo^ Margie uxi mee. Itm constituo & or- dino executores meos Margiam uxem meam Wittm Jewe frem meu & Wittm Thomas rcorem de Pullesden ad disponend pro aia mea.

This will was proved, and administration was granted to Mar- gery Jewe, relict of the said deceased, and William Thomas, rector of the parish church of Pullesden, who obtained their dis- charge in the usual form on the 18th Oct. 1416.

• Sic.

32

III.

SEPULCHRAL INSCRIPTIONS AT THE SCOTCH COLLEGE, PARIS.

To the greater part of the visitors of this gay and busy capital the remote quarter of the University, the old university of Paris, is as little known as the steppes of Russia ; the dirtiness of the district, the vvide ruin with which the hand of popular violence and revolutionary madncss has passed over all the ancient institutions of an academical nature con- nected with the metropolis, and the comparativcly limited number of archaeological travellers who are the only persons likcly to look after the skeletons of colleges and halls, — all this tends to the increase of that forgetfulness with which these remains of the academic splendour of one of the greatest universities of Europe are now unjustly treated.

The Scotch College (Le College des Escossais, as the old inscription in gold letters on a black marble slab over the door- way, still terms it,) the second of the British Catholic foundations in the French metropolis, was originally founded by David Bisliop of Moray iu Scotland in 1385, and was first situated in a building in the Rue des Amandiers, some traces of which may still be made out. It was one of the smallest foundations of the university, and had not prospered like some of its contemporaries ; for in 1603 it was so far fallen into decay as to need a complete regeneration and refoundation from the munificent hand of Archbishop, afterwards Cardinal, Beatoun of Glas- gow. In 1605 the college was transferred to its present site in the Rue des Fossds St. Victor, and here it was destined to remain and to under- go a second dissolution during the troubled timcs of the great Revolu- tion. The private history of this, as well as of the other British foun- dations of Paris, is but little, if at all, known : whatever is to be found upon the subject is at present under course of compilation, and will some day or other be made public. It will be sufficient to say, that partly from thc loss of some of the estates belonging to this foundation, and partly from the small dcmand for Catholic priests in Scotland, the college for the present remaius in abeyance j the funds being allowed to accumulate, and being carefully administered by a Curator appointed by government. At a future timc the College may rise from its long sleep, and again become a flourishing house of education : but at present the buildings, which arc in pcrfectly good condition, are let out on lease to a private school, and the name alone rcuiains to its walls.

SCOTCH COLLEGE AT PARIS. 33

The Chapel of this College possesses a great point of attraction to all «tudents of Englisb bistory, and to all who have hearts to feel for the misfortunes of an exiled racc of kings. James the Second and his family bore a peculiar afTection to all the Britisb foundations of Paris, as me- mentos of the good land they bad lost : when they entered within their walls they stood on British and on Catholic ground ; they were sur- rounded by young British hearts tbat cherished both love and respect for them in retorn for their favour and patronage ; and hence wben tbe monarch died he bequeathed, as was tbe fashion at the court of France, various parts of his mortal rcmains to the various coUeges. Where part of the monarcb was interred, it was ver)' natural that bis consort and bis children sbould wish to lie also, and that the most faitbful and the most tenderly attached of his officers and followers sbould also desire to be buried. Accordingly we find in tbe chapels of the Scotch and Irisb col- leges many of the tombs of the courtiers of the unfortunate James II. and by a curious circumstance we find them nearly all uninjured, not- withstanding that so many years of revolutionary vandalism have swept over the land.

Tbe King left his brains to tbis coUege, and it used to be said, other parts, but this is raore than doubtful, to the Irish and Euglisb colleges. His heart was bequeathed to tbe Dames de S^ Marie at Chaillot, and his entrails were buried at St. Germain en Laye, wbere a handsorae monuraent bas been erected to bis memory by order of George IV. ; but the body itself was interred in the monastery of Englisb Benedictine monksthat once existed iu the Rue du Faubourg St. Jacques close to the Val de Grace. In tbis latter house, previous to tbe Revolution, the follow- ing simple inscription marked where the monarch's body lay :

" Cl GIST JaCQUES II. Roi DE LA GbANDE BrETAGNE."

In the chapel of the Scotch CoUege meraentos of the Queen aud the daugbter, Louisa Maria, of the detbroned King were also deposited.

In the Irish and Englisb coUeges no traces of any royal torabs exist, nor are tbeir cbapels so rich in raonuraeutal reraains as those of the Scotch institution.

The chapel of this latter bouse is a small room, perfectly well suited, however, to the original size of the fonndation : it is fitted up with black- oak stalls and altar-work, witb a small gallerj' at the west end for the Principal, and a vestry or sacristy behind the altar at the east.a It is of the lonic order. On the side fronting tbe door of entry stands the King's tomb in grey, biack, and white marble — an obelisk on a sarco-

» Thc library of the college, formerly over the chapel, wa» given up in 1838 hj the Frencli Govemment to the Catholic Bishop of Edinborgh, and has «ince been removed to Aberdeen.

VOL. VII. D

.34

SEPULCHRAL INSCRIPTIONS AT

phagus, with drapery forming a kind of canopy above.'' The obelisk was surraounted by an urn of bronze gilt, with the brains of the King con- tained in it ; but this was taken away at the tirae of the Revolution. The other tombs are only plain slabs on the walls or on the ground : where any of thera contained brazen plates of arms they have been de- spoiled ; but they are otherwise in good condition. The tablet com- memorating the two founders of the coUege is tlie most interesting after that of the King ; the history of the institution being briefly suoimed up in their monumental inscription (see p. 4 1 ).

PLAN.

Rue des Foss^ St. Victor. 25 ft.

1. Tomb of King James II. 2. Queen Mary Beatrice. 3. Princess Louisa Maria. 4. Duchess of Perth. 5. Duke of Perth (the son). 6. Duke of Perth (the father). 7. Dr. Andrew Hay. 8. Duchess of Tyrconnell. 9. Sir Mariaa 0'Cruoly. 10. Sir Patrick Menteth. 11. Dr. Robert Barclay. 12. Dr. Lewi» Innese. 13. Bishop Moray and Cardinal Beatoun. 14. Lord Caryl of Dunford.

The following are copies of all the inscriptions : —

** There is a small engraving of it by J. Myade.

THE SCOTCH COLLEGE, PARIS. 35

D. O. M.

Memoriae

Augustissinii Principis

Jacobi il* Magn^ Bbitannije &c. Regis.

Ille partis terra ac mari triumphis clarus, sed constanti in

Deum fide clarior, huic R^na, opes et omnia vitae florentis

commoda postposuit, per summom scelus a sua sede pulsus,

Absalonis impietatem, Achitophilis perfidiam et acerba Semei

convitia invicta lenitate et patientia, ipsis etiam inimicis amicus,

superavit. Rebus humanis major, adversis superior, et caelestis

gloriae studio inflammatus, quod regno caruerit sibi visus beatior,

miseram hanc vitam felici, Regnum terrestre caelesti commutavit.

Haec domus, quam pius Princeps labantem sustinuit et patrie

ibvit, cui etiam ingenii sui monimenta omnia scilicet sua manu-

scripta custodienda commisit, eam corporis ipsius partem qua

maxime animus viget, religiose servandam suscepit.

Vixit annis lxviii. Regnavit xvi. Obiit xvii Kal. Octob. an. sal. hum. mdcci.

Jacobus Dux de Perth Praefectus institutioni

Jacobi III. Magn^ Britannije &c. Regis

Hujus Domus Benefactor

moerens posuit.

f. p. L. Garmier 1703. Od a slab nieasnring 80 inches by 38| incbes :

D. O. M.

Sub boc marmore

condita sunt

Viscera Marij: Beatricis R^nae Mag. Britan.

uxoris Jacobi II. matris Jacobi III. Regis.

Rarissimi exempli Princeps fiiit

fide et pietate in Deum, in conjugem, liberos eximia,

caritate in suos, liberalitate in pauperes, sii^ulari.

In supremo Regni fastigio christianam humilitatem,

R^no pulsa dignitatem, majestatemque

Retinuit ;

in Qtraque fortuna semper eadem,

nec aulae deliciis emollita,

nec triginta annorum exilio, calamitatibus,

o9

36 SEPULCHRAL INSCRIPTIONS AT

omnium prope carorum amissione

fracta.

Quievit in Domino vii. Maii an. mdccxviii,

aetatis anno Lx^.

On a lozenge-shaped stone, each side raeasnring 27 inches :

D. O. M.

Hic sita sunt Viscera Puellae Regiae

LUDOVICJE MARIiE,

quoe Jacobo II. Majoris BrifciniaB Regi

et Mariae Reginae divinitus data fuerat,

ut et parentibus optimis perpetui Exilii

molestiam levaret,

et fratri dignissimo Regii Sanguinis decus,

quod calumniantium improbitate detrahebatur,

adsereret.

Omnibus naturae et gratiae donis cumulata,

morum suavitate probata terris,

sanctitate matura coelo,

rapta est ne malitia mutaret intellectu

ejus, eo maxime tempore quo, spe fortunse

melioris oblata, gravius salutis

aeternae discrimen videbatur

aditura.

XIV. kal. Maii, m.dccxii.

aetat. an. xix.

On a square stone measuring 23 inches long by 20 wide, the inscrip- tion within the outline of a heart, which is surrounded with tears :

Hic situm est

CoR

Mariaj de Gordon de Huntly

DuCISSiE DE PeRTH,

Primariaj apud Reginam Magn. Brit. Matronae. Obiit XIII Martii an. Dom. m . dcc . xxvi.

THE SCOTCH COLLEGE, PARIS. 37

On a stone 8/^ inclies long by 53 J inches wide :

D. O. M.

In spem beatae resurrectionis sub hoc marmore quiescit

Jacobus Drummond, Dux de Perth, Marchio de Drummond,

Comes de Perth et de Stobhall, Vicecomes de Cargili,

Baro de Drummond, Concraig, &.c. antiq^ae familiae de

Drummond princeps, iiasreditarius seneschallus de

Stratherne, regii ordinis Cardui Eques, regiarum

copiarum legatus, et magister equitu ; reginse comes stabul'.

Vir non tam natalibus, etsi a multis saeculis regia

affinitate illustribus, quam sincera pietate, catholicae

religionis studio, morum suavitate, scientia militari, et

animi fortitudine conspicuus.

Regi suo unice devotus et optimo principi vicissim gratis-

simus ; in haereditario ergo domum regiam obsequio adeo con-

stantem animum semper exhibuit ut nec laboribus fatigari, nec

longiorisexpectaiionistaediofrangi, nec denique carceribus, exilijs,

amplissimarum ditionum proscriptione abduci unquam potuerit,

quominus famiiiae regiae restitutioni, et patriae libertati ad ulti-

mum nsque spiritum omnibus modis allaboraret.

Hic poni voluit juxta patrem carissimum, ut ubi prima olim jecerat pietatis fundamenta ibi amplificatae per totam vitam vir- tutis praemium, popularium suorum precibus adjutus, fidentius expectaret.

Obiit die xvii. April. mdccxx. aetat. ao. xlvi. Requiescat in pace.

On a stone correspondent to the preceding :

HIC JACET

Jacobus Drummond, Dux de Perth, Marchio de Drum- mond, Comes de Perth et de Stobhal, Vicecomes de Cargill, Baro de Drummond, Concraig, &c. Antiq™« Familiae de Drum- mond Princeps, haereditarius seneschallus de Straterne, utri- usque ordinis Cardui apud Scotos et Periscelidis apud Anglos ^Eiques, Regibus Magnae Britanniae Carolo 11°. Jacobo 11°. et Jacobo Illo. ab intimis et sanctioribus Consilijs. £x summo Scotiae justitiario ad supremam Cancellariatus Regni dignitatem a Carolo 11°. Rege evectus, post diuturnos fluctuantis animi aestus, victrici tandem veritali cessit, fidemque Catholicam am- plexus in eam brevi totam secum traxit familiam. Hinc propter

38 SEPULCIIRAL INSCRIPTIONS AT

constantem religionis zelum, et invictam erga Regem legitimum fidem, diuturno carcere, proscriptione, et exilio probatus, omnium dignissimus Jacobo 11» Regi visus est qui unici filii Jacobi Magnaj Britannia; Principis institutioni praeficeretur. Regio demum praefect^ est cubiculo, et constitutus Reginae Camera- rius. Fuit summus ille vir non tam natalibus et affinitatib^ Regiis, quam humanitate, urbanitate, et ingenii elegantia con- spicuus, jurium Regiae Majestatis, et sacrae Hierarchiaj vindex acerrimus, omni literarum genere excult^ et summus literatorum patronus : Sed praeclaras animi dotes constans ejus pietas, fidei zelus, integritas incorrupta, propensus ad omnes sublevandos animus, et humilitas vere Christiana longe superarunt. Domum hanc ab imminente ruina officijs apud Regem ope et re sua suffulsit. Hic condi voluit prope monumentum quod Regis Jacobi Hdi memorias proprio aere ponendum curaverat. Vixit annis lxviii. Obijt die xi. Maii ano. Dni mdccxvi. R. I. P.

On a lozenge-shaped stone, each side 22 inches long :

Hic jacet

D. Andreas Hay.

ex nobili apud Scotos familia,

Vir probitate et pietate insignis,

ob fidem in Deum et erga principem exul.

Plenus dierum et bonorum operum,

de hac domo bene meritus,

obiit die xxiii Novembris

A. D. MDCCII.

Ilequiescat in pace. Amen.

On a inural tablet, 34 inches high, withio a frame ornauiented with burning lamps :

D. O. M.

JEternte memoriae

illustrissimae et nobilissimae dominae

Franciscje Jennings

DucissjE DE Tyrconnell

Reginae Mag. Brit. Matronae honorariae,

THE SCOTCH COLL£G£, PAKI». 39

hujus collegij Benefactricis, Quse niissam quotidianam in hoc sacrario

fundavit perpetuo celebrandam,

pro anima sua et animabus D"» Georgii

Hamilton de Abercorne Equitis aurati

Conjugis suprimi,» et D»»'. Richardi Talbot

Ducis de Tyrconnell, Proregis Hybernia;,

secundi sui conjugis.

Obiit die xvii. Martii. An. Domini

MDCCXXXI.

Requiescat in pctce.

On a moral tablet 29 iDches high by 20 wide :

D. O. M.

Marianus o Cruoly eques auratus, nobilis Hibernus, post multa praelia fortiter gesta, praesertim apud Senefum et Cassel- las, quse immortalem ei gloriam pepererunt, et Ludovici Magni, in cujus exercitib^ militavit, gratiam conciliarunt, a quo primum vexillifer, dein tribunus, tum praetorianae Equitum Anglorum cohortis legatus, centurio et totius Callici equitatus ductor ma- nipularis constitutus est, pie in Christo obdormivit anno m.d.cc. 6to nonas Octob. magnum sui desiderium relinquens bonis om- nibus, et in primis pauperib. in quos erat eximia illius charitas et misericordia.

Florentius O Donohou, eques auratus,

hujus domus benefactor munificentissimus, hoc monumcntum

avunculo optimo moerens posuit.

RequiesccU in pace.

Arms, but obliterated.

On a stone 20 inches long by 1 4 inches wide :

D. O. M.

Patricius Menteth de Salmonet, eques aurat^,

In Lothiana Scotiae provincia, ex Baronum de Kers

nobili familia oriundus,

In legionibus Scotorum apud Gallos militantium

Centurionis, instructoris, vice-colonelli,

* Sic in marmore.

40 SEPULCHRAL INSCRIPTIONS AT

fortissiml, juritissimi, vigilantissimi,

Lauream promeritus,

A Carolo 11° Mag. Britanniae monarcha honorib^ auct%

A Ludovico Magno GalUarum imperatore

ad majora destinatus,

Post annos xxvi. in castrensi pulvere non minori

integritatis quam bellicae virtutis fama emensos,

in obsidione Dachstem Alsatiae superioris oppidi,

dum ducis intrepidi partes peragit,

lethali accepto vulnere, datis eximias in Deum

pietatis indiciis, egregiae in pauperes misericordiae,

in hanc domum beneficentiae singularis,

occubuit kal. Martii, A. D. m.dc.lxxv.

Requiescat in pace.

On a slab 81 inches long by 4 1 wide :

Hic jacet faehcis memoriae sacerdos RoBERTUS Barclaius, ex nobili familia apud Scotos, hujus quonda Collegii Gymnasiarcha dignissimus, et de patria sua opti- me meritus. Illi ingenium perspicax, judicium accuratum, mores casti, fides eo ferventior quo rarior inter suos, totaque vita ad amussim evangelii castigatissima : Collegium olim prope Grassinaeum situm huc in locum magis commodum transtulit, domumq^ et aedem sacram extruendam curavit, disciplinam pene coUapsam restituit, tandemque collegio haerede instituto, obiit VII. id. Febr. an. Dom. m.d.c.lxxxii. aetatis suae circiter Lxx. regiminis xxx.

Requiescat in pace.

On a squarc stoiic, 41 inches high and 36 inches wide, engraved within thc outHnc of a lieart :

Hic situm est

Cor

D. LuDovici Innese, presbyteri,

Ileginae Matri Magn. Britanniju,

Dein Jacobo III. Resi

Eleemosynarii, hujus collcgii

rrimarii ct benefactoris insi<rnis.

p

THE SCOTCH COLLEGE, PARIS. 41

Obiit die ii Februarii

A.D. MDCCXXXVIII.

setatis lxxxvii. Itequiescat in pace.

Inscription on a stone 31 inches long by 17 inches wide : at the head of which are tvvo shields of arins, each surmounted by a cardinars hat. The first is quarterly, 1 and 4, Azure, a fess between three mascles Or (Beaton) j 2 and 3, Argent, ona chevron Sable an otter's head erased of the first (Balfour) : motto: ferendum vt vincas. Beneath this shield is the fish and ring, the emblera of the see of Glasgow. The second shield is Azure, a chevron between three muUets Argent (Mur- ray). beneath which is an episcopal crook surmounted by a mitre, the insignia of the see of Moray.

D. O. M.

Anno Dom. m ccc xxv.

Regnante in Gallia Carolo pulchro,

et Roberto de Bruce regnante in

Scotia, antiquo faedere conjunctis,

David de Moravia Episcopus

Moraviensis in Scotia hoc

Collegium fundavit:

Ao. D^i MDCiii. Jacobus de Bethun,

Archiepiscopus Glasguensis in

Scotia, novam fundationem instituit,

Praeposito in perpetuum administra-

tioni Ven. P. Domno Priore Cartusiee

Parisiensis.

Ao. D*" M.DCXXXix conjunctio utriusque

fundationis in unum et idem coUegium

ab archiepiscopo Parisiensi facta, auc-

toritate regis et supremi senatus

Parisiensis sancita est.

Utrimque fundatoris memoricB

PrimariuSi Procurator etalumni

Hujus Collegii

P.P.

liequiescant in pace.

42 SEPULCHRAL INSCRIPTIONS, &C.

Oa a stone 34 inches long by 1 6 inches wide :

D. O. M. Piae Memoriae Ill">i. et Nob™i. D. JoHANNis Caryl, Baronis de Dunford, D"» de Harting, Ludyholt, &c. Angliae Paris, Jacobo 11« et IIIo Magnae Britannias llegibus ab intimis consiliis et secretioribus mandatis. Antiquissima generis nobilitate in Sussexia, Angliae provincia, necnon prajclaro et sublimi ingenio, literatura omni- gena expolito, clar^ ille fuit; clarior tamen integritatis et equitatis amore ac insigni erga Principem legitimii fide, ob quam bonoru omniii proscriptonem (sic) passus Regiae in adversis fortunae fidus assecla, raro exemplo, prima aulae munera, nec lucr» nec honoris spe allectus, sed ut suam Regi comprobaret fidem, diffi- cillimis temporibus administravit. Veru pietate ac zelo catholicae religion's (sicj longe clarissimus ; hujus causa diuturnu in arce Londinensi carcerem perpessus est. Iluic illustrandae quidquid in maximis negotiis temporis subripere potuit, somni parcus et desidise inimicus, totum devovit. Ejus imprimis in pauperes misericordia semp^'" emicuit ; horum plures, dum viveret, annuis stipendiis aluit, et non minimam bonorum partem charitatis et pietatis operibus impendendam testamento legavit. Hoc vero collegium, cui vivens impense semper favit, ejus in piam juven- tutis institutionem zelo perpetuam debet fundationem prasfecti studiorum. Coelo maturus, meritis et annis plenus, in Sen^ctute CsicJ bona obiit in oppido S. Germani in Lay^ pridie nonas Sep- tembr. A. D. mdccxi.

Jiequiescat in pdce.

H. L. J.

V.

TRANSCRIPTS AND ABSTRACTS OF WILLS.

{Conlinued from Vol. IV. p. 309.)

ANTHONY WODHULL, ESQ.

4 Feb. 30 Hen. VIII. (1538-9.) I will the King our sove- reign shall have during the minority and wardship of my daugh- ter and heir apparent Agnes Wodiiull, the manors of Langford,

ABSTRACTS OF WILLS. 43

co. Bedford, Pattishall, co. Northampton, and Durnford, co. Wilts, and all their pertinencies. I will and devise to Anne my wife during her life the manor of Warkworth, co. North- ampton, with perlinencies in Middilton and Overtown [Over- thorp]. And also I will and devise to the said Anne my wife for her life, my manors of Chetwood, co. Bucks, and Hockcliffe, co. Bedford, with pertinencies. I will and devise to my said wife, John Smyth, and William Fermour for life, and the longest liver of them, and to Robert Broke, gent. of the Middle Temple, and Thomas Vicary the King's surgeon, after their de- cease, all the residue of my manors, lands, &c. not bequeathed or devised before, to have the same during their lives, on condi- tion and to the intents following : viz. after their decease to the said Robert Broke and Thomas Vicary, and to the executors of the survivor of them, on condition and to the intent in this my will declared and specified, viz. that my said executors during their lives, and after their decease the said Robert Broke and Thomas Vicary, and the survivor of them, shali yearly take and receive the rents, issues, and revenues of the said residue, and dispose in manner and form following: viz. with part of the issues and profits of the said residue, they shall pay, satisfy, and perform my debts, funeral and legacies, and other things con- tained in this my will, and my father's debts and legacies, pro- vided always that my uncle Lawrence WodhuII and my cousin Paul Darell, executors to my said father, in convenient time shall make a true and just account to my executors of the exe- cution of my said father's will, and shall pay 83/. Ts. 4c?. to the marriages of my sisters Mary and Anne in convenient time, as they promised to my father-in-Iaw and me, or else no part thereof to go to ihe performance of my said father's will, but only and wholly to the performance of this my last will. And further that of the issues, rents, and profits of the said residues, my said executors for life, and after their decease the said Broke and Vicary and the survivor of them, shall pay yearly the sums here- after expressed in thb my will, to the persons hereafter named in manner and form following: viz. to my sister Joyce 10/. yearly during her life ; to my sisters Mary and Anne 100 marks, i. e. to either of them 50 marks, to be paid after the rate of 10 marks by the year, yearly, after my decease, until the said sura be run up, provided always that if any of them decease before

44 TRANSCRIPTS AND

marriage that theii her part and payment tliereof to cease. To my brother Fulk Wodhull 5 marks by the year during six years after my decease, if he so long live. To my said uncle Lawrence WodhuU 40a'. yearly during his naturai life. To my uncle '1 ho- mas Wodhull 20s. yearly during his life. To OHver my servani and kinsman 40«. yearly during his hfe. To Henry Walker my servant, the house that he dwelleth in, with the land and perti- nencies belonging, to tiie yeariy vaiue of 40«. in iand and rent out of the said residue for iife. To .... Siiakeriey the house wiiicii my father gave liim for iife, paying the rent and services due to the chief iord for the same. To my servant that is my huntsman 20s. for iife. (Annuities, &c.) .... provided aiways that the rest of the profit of tlie premises be taken for my heir during minority, and that always as any of the said charges, legacies, and bequests shaii wear out and determine, tliey siiaii go over to my said heir, and that when ail the said iegacies and bequests are determined, then tiie same to remain and revert to my said heir and lieirs and their heirs for ever. I wiii that my said exe- cutors and the other persons put in trust as aforesaid, and every of them, shaii make several grants by their severai deeds to tiie persons above-named, of tlieir severai annuities afore- said, with ciause of distress, according to my wiii and intent above deciared, &c.

SIR ROBERT KIRKHAM.

1 Mar. 1657. I will that ail my lands, tenements, &c. in Eimyngton and Cotiierstock, co. Northampton, shali remain immediateiy after my decease to Wiiiiam Kirkham, my son and heir apparent, and JVlary his wife, and his heirs, according to tiie covenants expressed in a pair of indentures niade between me and my cousin Sir Wiliiam Chauncy concerning the marriage of my said son. And I wiil that Dame Sybiil my wife sliall have the profit and possession of my manor of Fynyshead, co, Nortiiampton, and aii lands, &c. beionging to the same, imme- diateiy after my decease, for her iife, by the way of jointure. And 1 wili tliat the profits of tlie saieable woods of Fynysliead, as need shall require for the payment of my debts and iegacies, sliall be soi^ by the discretion of my executors, so tliat tliey sliail feli no timl)er in the said woods, and to make tlie paymcnt of such sums as shall be received for any such sale, according

ABSTRACTS OF WILLS. 45

as need shall require, towards the full payment of said debts and legacies ; and after my debts be fully paid, and my legacies truly performed, then I will that my said wife shall take the profits of the saleable woods in Fynyshead to her own use for life, so that she nor her assigns do cut no timber nor make no waste of the said woods, but see them safely kept in the spring time as wood ought to be.

FRANCIS TANFIELD, ESg.

12 Jan. 38 Hen. VIII. (1547). I will that my manors, lands, &c. in Harpoll, co. Northampton, and all my lands, &c. in Gayton and Middleton in the said county, which Isabella Hum- phry my mother, late wife of William Tanfield my fatlier, held in dower, and also my lands, &c. in Aspley, co. Bedford, and all my manor, lands, &c. in Everton and Tetworth, co. Hunting- don, with 53/. 5s. 3d. yearly, after my decease, shall remain to my lawful heir or heirs. And I will that the King shall have the wardship and premier seisin, as the case shall require, of the said manors and lands, as to the third part of all the manors, lands, &c. of me the said Francis. I will that my well beloved wife Bridget Tanfield have in recompence of her dower my manor of Gayton, co. Northampton, with lands and appurte- nances in Myddleton [Milton Malsor], Floure, Northampton, Courtenhall, ColHngtree, and Creaton, and also my manors, lands, &c. in Assheley and Ravensthorp, co. Northampton, and all my lands and tenements in Gretton, co. Northampton, and ali my lands, &c. in Midgham, co. Berks, for life of said Bridget. I wiil that my executors receive the profits of my woods of Westbagburgh, Durburgh, Gu..stork, Fydyock, and Clelbery, co. Somerset, and of my manor, lands, &c. in Peaton, co. Devon, for certain term of years to payment of my debls, bequests, &c. and also virtuously to bring up and find my children Robert Tanfield, Abraham Tanfield, and John Tanfield, until they are aged twenty-one, or else married. 1 bequeath to my daugh- ters Margaret Tanfield, Bridget Tanfield, and Sarah Tanfield, 200/. each at the age of twenty years, and if any of my said daughters die before marriage, I wili that her 200/. shall remain to my next heir, and if another of my said daughters die, her 200/. also to go to my next heir ; and if all my said daughters die before marriage, I will that my younger sons have 300/. and the

46 TRANSCRIPTS AND

residue to Bridget my wife towards the performance of my legacies, &c. And whereas my brother William Tanfield has the manor of Potton, co. Bedford, and whereas I have granted to Bridget my wife [irUer al) the manor-house of Gayton with Ashley and the parsonage there, I do give by this my will to my said wife all the said manor of Gayton with appurtenances for life, if she continue a widow, and if she marry, I will that the said manor-house, parsonage, &c. revert to my son and heir if he will, rendering to her during her coverture 13/. 6«. ^d. yearly; and if she will not sufFer my said son and heir to have the said house, &c. then I will that my said wife shall not have any legacy or benefit made to her by this my last will, which said benefit shall come to Clement Tanfield my son and heir appa- rent. I will that the said Clement my son, so soon as the gifts and legacies of this my will be paid, shall forthwith pay to the said Bridget my wife money to the value of the third of my manors, lands, &c. for life, and if the said Clement refuse, then I bequeath to my said wife all such part with benefits and profits that my said son Clement may have by this my last will. And forasmuch as my lands appointed to the use of my will cannot discharge my debts, therefore I will my executors to sell as much of my woods in the counties of Somerset and Devon as will pay the same. I will that Bridget my wife shall have the advowson of Harpole for hfe if she continue sole.

JOHN BUTLER, E8Q.

4 Sept. 4 & 5 Ph. & M. (1557) I will that all my lands in

Westwardon, Byfield, Farndon, and Hynton [in Woodford], co. Northampton, as much as Edmond Haslewood now holdeth of me by iease, and all my lands in Bodington, co. Northampton, to be sold towards the payment of my debts, all such lands as I have given to my son Chamberlaine and my daughter Dorothy his wife being excepted ; and if my executors can discharge my debts with my plate and other moveables, then I will that my said lands now remaining to me in Bodington, shall remain to Alban Butler my eldest son, giving 80/. to his sister, my daugh- ter Dorothy ; and if the said Alban refuseth so to do, I will my said daughter Dorothy to have all my lands in Nether Boding- ton in tail male, remainder to said Alban Butler in fee. And

ABSTRACTS OF WILLS. 47

all my lands in West Wardon now in tenure of Edmond Hasle- wood, 1 give to Thomas Butler my second son in fee tail, re- mainder to William Butler in fee tail, remainder to John But- ler my youngest son in fee tail, remainder to myself in fee.

I give to my son William Butler, after the death of his mo- ther, my part of the house in the Charter-House churchyard with its pertinencies in fee tail, remainder to my son John But- ler in fee.

See pedigree of Butler, Baker's Northamptonsh. vol. i. pp. 470, 471 . Northamptm. G. B.

VI.

ADDITIONS TO DUGDALE'S BARONAGE ; FROM THE MS. COLLEC- TIONS OF FRANCIS TOWNSEND, ESQ. WINDSOR HERALD.

(Continued Jrmn Vol. VI. p. 399.)

Fitz-Alan of Bedal. — Vol. I. p. 53.

Page 53^, line 35, read, who was in the expeditions made into Wales in 5, 10, and 15 Edw. I.

I. 60, make the follounng note a/fer " Life," viz. I take

this to be a mistake, and that the escheat referred to did not re- late to this Brian Fitz-Alan, but to another of the same name who died in that year, leaving only one daughter, Maud, who was eight years of age ; and the Inquisition states the lands to be in Lincolnshire ; whereas the lands of this Brian were chiefly in Yorkshire. Besides, it is certain that he was not only summoned to Parliament till 33 of EMw. I. as Dugdale himself asserts ; but he was also called upon in 34 Edw. I. amongst the Earls and Barons of the kingdom for an aid upon occasion of the King's eldest son receiving the honour of knighthood. These circum- stances I conceive put it beyond doubt that he could not be dead in the 30 Edw. I.

48 ADDITIONS TO DUGDALE's BARONAGE.

Earls of Leicester. — Vol. I. p. 83.

P. 85, 1. 12 from hottom, for " by some called," read^ or rather.

1. Sfrom bottom, after " Mellent," note. Waleran was

the eldest son, as appears by what follows :

*' Dfis Rex Henricus primus dedit com. de Meulent Kinge- ston cum pertin. :" (and olher lands in Dorsetshire) " Et ipse comes dedit honorem Roberto filio ejus postnato qui post fuit comes Leyc et descendebat Robto filio suO qui extremo obiit," &c &c. b

P. 85, 1. 5from bottom, note. Of these daughters one married Hugh de Montfort, another Hugh de Novo Castello, another William Lupellus or Lovell, another Almeric de Montfort; and Elizabeth, who, as Dugdale says, was sometime concubine to King Henry the First, became afterwards the wife of Gilbert Strongbow, Earl of Pembroke. ^

Hne last, for " 1318," read 1118.

P. 86, 1.11, after " clearly," wofe. This grant of lands in Hereford was no doubt on account of his niatch with tlie grand- daughter and heir of Williain Fitzosbern, Earl of Hereford.

P. ^Q\ 1. 14/rom bottom^for " uncle," read, husband.

P. 87, \. 33, for " wife," read, daughter.

1. 41, for "to," read, through.

P. 88, reference (z) Monast. Anglic. vol. i. instead of " vol. ii."

1. 6 from bottom, note. From this William all the

noble families of the name of Hamilton in Scotland and Ireland are alleged to be descended;d and the authors of that descent assert that he was called WilHam de Hamilton from the place of his birth. But I have never met with any thing like autho- rity to warrant or even countenance such an idea. On the con- trary, in the account of his foundation of St. Leonard's Hospital in Leicester he is only called William the Leper : " Robertus oves les blancs mains comes Leicestrensis tertius post Conques- lum desponsavit Petronillam fiHam Hugonis Grantmenyl, cum qua accepit totum honorem de Hincley una cum Senescatu Angl. ex dono ejusdem Hugonis, &c. Hic genuit de dicta Pe-

*» Testa de Nevill, fo. 105, in CoU, Arm.

« Vinc. no. 215, 300.

** Lodge'8 Peerage of Ireland, under the title Strabank.

ADDITIONS TO DUGDALE's BARONAGE. 49

tronilla Robertum dictum filium Petronillae [or Fitz-Pamell] heretlem, Rogerum S^ Andreas in Scotia Episcopum, et Williel- mmn Leprosum fundatorem Hospitalis S. Leonardi Leicestriae; Amiciam desponsatam Simoni de Monteforti, & Margaretam de- sponsatam Saiero de Quincy," &c. «

In a grant of his mother to the Abbey of Lira of 40«. to keep an auniversary for this very man, he is called Williani de Bri- tolio; and his sister Amicia de Montfort gave an annuity to the same monks ^^ pro animafratris mei WUlielmide Britolio." ^

But what puts this matter, as I conceive, beyond doubt is this, viz. If the Wiiliam de Ilamilton had really been the third son of Robert Blanchniains, he or his son would have been the true heir to the Earldom of Leicester after the death of Robert Fitz-Pamell his alleged brother.

P. 88*', J. 46. In the first year of King John he obtained a grant of all the lands and fees heretofore belonging to Robert Earl of Mellent, his great-grandfather.

WlLLIAM DE MeSCHINES. V^ol. I. p. 89.

P. 89, 1. 61, note. It was William de Meschines and Cecily his wife that founded Emesey a9. 1120, and not Robert de Romely, as appears by the authority itself to which Dugdale refers.

P. 89»', 1. 1, ajier « Fitz-Gerald," note. I believe Alexander Fitzgerald was her second husband ; but, as it does not appear that she had any issue by him, I hold the question nct worth discussing.

Clavering. — Vol. I. p. 107.

P. 107*», 1. 14, note. I am inclined to think that he died in the 14th of King John, not 16th, as the charter to John his son, confirming all former grants, is dated in the former year, g and it is difficult to imagine that such a charter would have been made to the son in the Hfetime of his father.

1. 32, note. As there apf)ears a httle incorrectness in

this statement of the charter of King John, I give a copy of it :

' Moaast. AngL u. 454. ' Ibid. p. 985i>, 58.

' Vinc. B 2. 80. Ph. quatrefoil, 63*.

VOL, VII. E

Oi) ADDITIONS TO DUGDALE S BARONAGE.

JoHANNES Dei gra Rex Angl. &c. Sciatis me concessisse et hac carta nra confirmasse Johanni filio Rob'ti filii Rogeri omnes terras et ten subscript ; scitt, de dono Dni Henrici llegis pris nri castellum et manerium de Werkeworth cum omnibus pertifi suis qua idem Rogero filio Ric'i patri p^iTci Rob'ti et Rex Richardus f rer nr p'd'c'o Roberto postea confirmavit. Et nos eidem confirmavimus per servicium feodi unius militis : Item ex dono ipius Hen. Regis manerium de Claveringe cum ptifi suis quod dedit p^d^&o Rob^to. Et nos postea ei confirmavimus per servicium feodi unius militis : Item ex dono nro manerium de Euert cum pertin suis per servicium feodi unius militis. Et manerium de Roubir cum ptin suis per servicium feodi unius militis. Et manerium de Neubourn cum pertin suis per servi- cium feodi unius miJitis et servicium Robti de Trukeligna per servicium 40 solidorum per annum nobis et ha^redibus nris red- dendorum. Et manerium de Wanton cum tota Baronia et omnibus pertiri suis quae fuerunt Roberti de Crammavill per servicium militum. Item maner de Corbrug cum pertin quod eidem Rob'to dimisimus ad feodum firmam reddendo inde nobis et haeredibus nris debitam et antiquam firmam, et de cremento decem libras numo ad Scacrium nrum, per manum suam pro omni servicio. Quare volo et firmiter praecipio q^^ idem Johannes et hedes sui habeant et teneat omnes terras et ten pdca de nobis et ha?redib nris per pdca servicia bene et in pace libe quiete et integre cum omnibus libtatibus et hbis consustudinibus ad ea ptin sicut Carta pdcorum Henrici et Richardi Regu quas inde habet rationabili? testantur. Testibus Alberico de Ver com. Oxori, Witto Brivverr, Wilto de Albiniaco, Thoma de Samford, Wilto Briwerr junior, Evingo de Bohun, Petro de Mallay, Tho- ma de Arden, Kogero de Ver, Hugone de Bernevall. Dat. per manu nri R. de Marisco Archidiacono Northumb apud Salua? 12 die Augusti a» regni nri decimo quarto.'» (Chartac, 14 Joh. n. 16.)

P. 107^, 1. S Jrom bottom, read command.

P. 108, 1. 22, afier " Stokesley," add, which her father had setlled on her in frank marriaire.

P. 109, 1. 14, after " daughters." See a note below as to the marriages and issue of this lady.

* B. 2. p. 80, in Coll. Arins,

ADDITIONS TO DUGDALE's BARONAGE. 51

P. 109, 1. 63, note. It appears by Glover*s Collectanea (al- ready referred to in ihe text), and by several other pedigrees of Clavering, as well as by all the pedigrees of Neville, that this Ralph Neville had married Eva, or Eufemia, the daughter and heir of this Sir John Clavering, and Dugdale himself asserts it under the title of Neville, though not here. But notwithstand- ing all these authorities I cannot help thinking that no such mar- riage did really take place. I have not found any inquisition taken after the death of Sir John de Clavering : but in that for his wife Hawisia a». 19 Edw. III. it is stated that Eva her daugh- ter was her next of kin, and that Ralph Neville was heir to cer- tain of the lands virtiUe doni. >

The agreement of marriage between Sir John and Hawisia was in the 6th Edw. I.*' when he was not more than twelve years of age, and she survived him thirteen years ; so that it is clear he had no other wife, and as Eva was forty years old at the death of her mother, it is also clear that she must have been the daughter of Hawisia by Sir John Clavering.

Dugdale says she had sons and daughters by both her hus- bands. The Genealogia Fundatoris of the Priory of Horsham gives the lady four husbands, ' viz. Ist. Thomas de Audley, ob. s. p. 2ndly, Sir liaiph Ufford, Knt. by whom she had three sons, John, Robert, and Edmund. 3rdly, James de Audiey, by whom two sons, James and Peter, and two daughters, Anne and Hawisia; and 4thly, Robert Benhale, Knt. who died with- out issue. I quote this because I think it deserves some no- tice, though I cannot help suspecting the truth of it. She was forty years old at the death of her mother a^. 19 Edw. III. • Dugdale himself, under the title Audley, says that Thomas Audley, whom he makes the second husband, died without issue a°. l Edw. II. ;ra now, as Ralph de Ufford lived till the 20th Edw. Ill.n it must be clear that, if she did mariy both, Audley must have been the first and Ufford the second ; but I think it will appear from what follows thai she was never married to Ufford. In 16 Edw. III. she and her husband Robert de Ben- haie were parties in a fine with Ralph Neville and Hawisia de

' Esc. 19 Edw. III. n. 22.

*> Claiu. a<>. 6 Edw. I. m. 15 dorao. ■ Mon. Ang. 1. 415.

' Esc. ut supra. " Dogd. I. 748''.

■ Esc. 20 Edw. III. n. 15.

£2

52 ADDITIONS TO DUGDALe's BARONAGE.

Clavering (her mother) relative to the manor of Clavering ; P and the inquisition taken after her death, which did not happen till 43 Edw. III., calls her theii the wife of Robert Benhale, and says she had been first married to Thomas de Audeleghe : q now Sir Ilalph de Ufford died a". 20 Edw. III, four years after the fine. This, I conceive, puts the supposed marriage with Ufford out of all probabiUty. >"

It docs not appear that she had any issue by Benhale, and the inquisition states that James Lord Audley was the heir of her first husband. I am therefore of opinion that she had only those two husbands, Thomas de Audelegh and Robert de Benhale, and that she died widiout issue by either.

RiE._Vol. I. p. 109.

Make a note at fhe end, viz.

There was a WiUiam de Rye summoned to Parliament a». 22 Edw. I. s but never after ; and also a WiUiam le Marshal sum- moned from 2nd to 7 Edw. II. who was doubtless grandson of AUva the daughter and coheir of Hubert de Rye and wife of John le Marshal abovementioned. See under Marshal.

Barony of Percy. — Vol. I. p. 269.

The Barony of Percy began by writ of summons to ParUa- ment a». 27 Edw. I. (the writ of a». 26 being a miUtary sum- mons,) and it continued regularly to descend through several generations tiU the reign of Richard II. when Henry Percy,

P Fin. 16. Edw. III. i Esc. 45 Edw. III.

' Mr. Townsend was erroneously impressed here in considering it was Sir Ralph Ufford ; he subsequently, however, found evidence of the mistake, as ap- pears in another place. She married Thomas de Ufford, and not Ralph de Ufford, 88 appears by the foUowing extract from the Close Roll of 2 Edw. II.

*' Memorandum quod post calumpniam super assignaco'e dotis Eve que fuit ux: Thome de Aldithlegh, qui de rege tenuit in capite, factam p' Bertrandum de Cayllon cui Petrus de Gaveston, qui custodiam duarum partium terr' et ten' q. f. ejusdem Thomse h'uit, custodiam illam concessit h'end' usque ad leg' et' heredis p'fati Thome, inter eundem Bertrandum ex parte una et Thomam de Ufford et eandem Evam quam idem Thomas duxit in uxorem, nono die Marcij &". 2^" concordatum est in hunc modum, viz. quod p'd'ci Thomas et Eva teneant oes terras et oia ten'ta p'fate Eve in dolem assignata juxta a8signaco'em eandem quod p'd'cu8 Bertrandus teneat custodiam p'd'cam usque adleg' et' &c. simul cum manerio de Marchumleye et villata de Kentesden que sunt de dote p'd'ce Eve et que p'd'ci Thomas et Eva prefato Bertrando concessenint et ad finnam demise- runt tenend' usque ad leg' etat'," &c. * Rot. Yasc. 23 Edw. I. m. 8 dor.

ADDITIONS TO DUGDALE*S BARONAGE. 53

Lord Percy, was created Karl of Northumberland. From him (though not without some temporary interruptions) the Earl- dom and Barony or Baronies descended to Henry Earl of Northumberland, who died in 1527, leaving three sons, Henry, Thomas, and Ingleram.'

Henry succeeded his father and died without issue in 1537. The style which he used was, " Henricus Percy Comes North- briae Dns Honorum de Cokyrmouth et Petworth Dns de Percy Lucy Poynings Fitz-Paine et Bryan, ac guardianus generalis orientalium et mediarum Marchiarum Angliae versus partes Scotiae, ac inclitissimi Ordinis Garterii miles," &c.

Upon his death, leaving no issue himself, the descent of these titles was stopped in its regular course by the unfortunate cir- cumstance of the recent attainder and execution of his next bro- ther Thomas ; and thus they became extinct, or rather forfeited to the Crown, and so remained for twenty years, when by the favour of Queen Mary the Earldom of Northumberland and the Barony of Percy were restored to his nephew Thomas, the eldest son of his attainted brother, in a sort of qualified way, viz. by letters patent dated 30 Apr. a^. 1557, he was created a Baron of Parliament by the title of Baron Percy, with place and voice in Parliament (without mention of the ancient place,) to liold to him and the heirs male of his body, and for default of such issue, and after his death, Henry Percy his brother and the heirs male of the body of the said Henry should be Baron and Barons Percy. And by other letters patent dated the day fol- lowing, he was, by thetitle of Baron Percy, and in consideration that his ancestors " ab antiquo de tempore in tempus " had been Earls of Northumberland, further created Earl of Northumber- land to him and the heirs male of his body, with like remainder to his brother Henry and the heirs male of his body, with an especial clause granting the ancient place of the Earldom as it had been held by his ancestors.

This appears to have been a perfect restitution of the Earldom as to Thomas and Henry, but not extending any further than to the heirs male oftheir bodies.

* See vol. VI. pp. 266 — 283, for an account of the claim of James Percy, as de- scended from this Ingeb-am, to the Earldom of Northumberland in 1670, and which he continued to urge for maoy years, as also a pedigree of the male descendants of the first Earl.

54 ADDITIONS TO DUGDALE's BARONAGE.

With respect to the Barony it was no further a restitution than as it gave the same title ; for, as to place, precedence, and inheritance it was to all intents and purposes a new Barony, with place and precedence only according lo the date of the patent, and with a liniitation of the inheritance to the heirs male de- scended of their two bodies only.

Thomas thus restored was for some time in favour with Queen Elizabeth, who made him a Knight of the Garter in 1563 ; but, joining in rebellion with Charles Earl of Westmorland, he was degraded of the Order in 1569, attainted by Parliament in 1571, and beheaded at York in 1572.

His issue was only four daughters, who could not have in- herited his honours even if he had not been attainted, as they were expressly limited to the heirs male of his body with re- mainder to his brother Henry and the heirs male of his body. Henry accordingly succeeded to the Earldom.

FiTz-HuGH.— Vol. I. p. 402.

Feil into abeyance a». 4 Hen. VHI. between Alice, wife of Sir John Fiennes, Knt., eldest daughter of Henry Lord Fitz- Hugh, aunt and coheir of George the last Lord Fitz-Hugh, and Sir Thomas Parr, Knt. son of Ehzabeth, another daughter of said Henry and aunt of said George.

There were three other aunts, viz. Anne, who married Francis Lord Lovell, Margaret, wife of Robert Constable, and Joan, a nun at Dartford, who were dead, and from wliom there was no issue at the death of their nephew.

The son and heir of Alice Fiennes became Lord Dacre of the South upon the dealh of his grandfather, and so her portion of the Barony of Fitz-Hugh became involved in the Barony of Dacre, and so remains at this day. And

The representative of Sir Tiiomas Parr is now (1817) John Marquis of Bute, as grandson and heir of the late Marchioness of Bute, first wife of the late Marquis.

Baalun. — Vol. I. p, 453. At the endj add, Auda his wife died without issue in 50 Hen. IIL as has been shown in Painell.

Stutevill. — Vol. I. p. 455*>. 4>58t>, 1. i2j ajigf « age," note. Waiic's sole heir general

ADDITIONS TO DUGDALB's Bl^RONAGE. 55

in the time of King Edward III. married to Edmond of Wood- stock, Earl of Kent, which line in the next reign vested in four coheirs, as will be seen under that title.

P. 459, 1. 27, afler " Wales," arfd, which thereupon passed to Hugh de Mortimer her son, by Robert de Mortimer her former husband.

1. 29, afler " heir," add-, but not by Margery de Say.

AguiLA. — Vol. I. p. 475.

King Henry III. in a». 16, ordered an extent to be made of all lordships, rents, and knight's fees, &c. that had belonged to Gilbert de Aquila in Sussex, Surrey, and Hants, for tlie purpose of assigning reasonable dower to Isabella hiswidow.a

POMERAY. — Vol. I. p. 498.

Page 499, line 20, ajier " Valletort," add^ in right of his rao- ther Joan, who was one of the two sisters of the said Roger.

1. 30, hefore " Brixham," imert, two parts of the ma-

nor of.

I. 32, after " leaving,'* add, Amicia his widow, who

survived until 2 Edw. III. and.

from 1. 46 to I. 53, the text should he transferred to

p. 498^ between lines 68 and 69.

from i. 46, add. This Henrj-, who is called Chevalier

in the inquisition p. m. died in 41 Edw. III.» leaving issue by Johanna his wife five sons, Henry, William, Nicholas, John, and Thomas.

Henry the eldest son, who is also styled Chevalier in the in- quisition above referred to, did not long survive his father, but died on Wednesday next before the feast of the Nativity in 48 Edw. Ill.b leaving John de la Pomeray, CheV. hisson andheir, of the age of twenty-seven years, and two daughters, Johanna and Margaret.

John de la Pomeray, Chev'. the eldest son, who was twenty- seven years old at his father^s death, married Joanne daughter and coheir of Richard de Merton,c widow of John Bounfild. He died on Sunday in the feast of Holy Trinity, aP. 4 Hen. V.d and Johanna, wife of Thomas Pomeray, CheV. formerly wife of

Pat. 16 Uen. III. m. 9. * Esc. 41 Edw. III. no. 50.

E«c. 48 Edw. III. ' C. 22. 257. in Coll. Arms.

Esc. 4 Uen. V. no. 44.

56 ADDITION8 TO DUGDALe's BARONAGE.

John St. Aubyn, daughter of his eldest sister Johanna (whose husband's name is not known) and John Cole, Esq. son of his other sister Margaret, were found to be his cousins and next heirs. It does not appear how Thomas, the husband of his niece, was related to him. He made a settlement of all his estates (except IVegony.e which he gave in his lifetime to Ed- ward Pomeray and Margaret liis wife and the heirs male of the body of Edward, to hold of him and Joan his wife, and of his heirs for ever), upon himself and his wife and the heirs of their bodies, with remainder to his own right heirs. Sir Thomas l^omeray in right of Joan his wife, and John Cole, Esq. in his own right, divided those estates, assigning dower to the widow.f It seems Cole died shortly after witiiout issue, for, upon the death of the said Joan wife of Sir Thomas Pomeray, it was found that she died on 8th December, 2Hen. VI.& seised of the manors of Birie and Stokesley Pomeray, and a moiety of the manors of Brixham and Herburton, and that Edward Pome- ray, Esq. had been in receipt of the rents and profits from the time of her death, but by what right the jurors knew not : that Joan, wife of Otes Bodrugan, and Margaret, wife of Reginald Trethurf, daughters of Sir John St. Aubyn, her son by a former husband, were her next heirs.

This Edward Pomeray was the son of Thomas Pomeray, per- haps the Sir Thomas above mentioned, but certainly the Thomas who is named as the youngest son of Henry, who died in 41 Edvv. HI. ; for, in the inquisition taken after his death, it was found that he held the manor of Stokesley Pomeray and other lands in fee tail, by gift of Nicholas de Wedesgrave and others to Thomas de la Pomeray his father in a». 3 Edw. III. (which is the settlement from whence the names of those younger sons were taken). He, Edward, married before 10 Kic. II. to Mar- garet daughter of John Bevill, Esq. '> In 13 Hen. VI. he set- tled the manor of Birie Pomeray upon himself and the said Margaret his wife, and the lieirs male of their bodies, remainder to his own heirs male, remainder to his right heirs, and died so seised on 3rd May, a». 24 Hen. VI. Jeaving Henry his son and

• Esc. ut supra. ' Rot. Claus. 5 Hen. V. m. 19.

« E»c. 7 Heu. VI. no. 51. h Fin. 5 Hen. IV.

ADDITIONS TO DUGDALE's BARONAGE. 57

heir then thirty years old and upwards.» Margaret his widow, died 10 Sept. a». Edw. IV. and Henry was again found heir.

This Henry was father of Sir llichard, fathcr of Sir Edward father of Sir Thomas,^ who all successively possessed the Barony of Birie Pomeray till the latter sold it to Edward Duke of Somerset, Lord Protector.

Bertram of Mitford. — Vol. I. p. 545^

There is but one writ of summons in this case, and that only to the rebel pariiament in 49 Hen. HI. It is not therefore necessary to follow the descent of the coheirs : they were all, with the exception of Penbury, in the rank of peerage.

Lanvallei. — Vol. I. p. 633.

This Barony devolved entire upon John de Burgh, and upon his death in 8 Edw. I. fell into abeyance between his two daugh- ters, Dervogild, wife of Robert Fitzwalter, and Hawise, wife of Robert de Greslei or Grelle, Margery their sister being a nun at Chicksand.

Barony of Say.— Vol. I. p. 510^.

P. 511, 1. 6. A pedigree amongst Vincent's Collections in the Heralds' College calls this W^illiam son of William and grandson of another William who came into England with the Conqueror.i See more ofhim under Mandeville at page 203, in the description of his wife's brother, where it appears that Beatrix had been the divorced wife of Hugh Talbot.

P. 51 1\ 1. 32, after « Wiliiam," make this note. The cus- tody of his lands during his minority having been granted by King Henry III. to one Pontius de la Mer, a merchant, and his assigns, he purchased the grant of Pontius ; and there being some debts of his father still remaining unpaid to the King, the Sheriff of Middlesex distrained for the debt upon his lands. He represented his situation to the King, stating his having purchased the grant from Pontius, that he was still a minor, and should come of age in little more than a year, and that it was not the custom to distrain upon heirs in ward before they

» Esc. 24 Hen. VI. no. 37. ^ C. 1. p. 120, in Coll. Arrns.

' CC. 326.

58 ADDITIONS TO DUGDALe's BARONAGE.

came of age ; and the King thereupon directed the Sheriff' to distrain the executors of the wiil of the father as far as they had eifects of the deceased. &

P. 511^, 1. 67, after " Dowry." He had issue also by the said Idonea two other sons, Roger and Ralph, and two daughters, Katharine, wife of John St. John of Lageham, and Juliana, married to Roger Northwood the elder.^'

P. 512, 1. 24, after " age." From this point I think proper to state the descent in my own way.

The inquisition referred to, taken after his death in the 33rd of Edw. III. shews that William was his son and heir of the age of nineteen years. His daughters are not mentioned in that record, but they appear in a subsequent one ; and, as tlieir pos- terity at length became coheirs of this Barony, I postpone the account of their marriage and issue until I come to that subse- quent record of the 6th of Hen. IV. at which period, by the extinction of their brother^s line, the Barony fell into abeyance between the heirs of their respective bodies.

Besides William, the eldest son, he had two others, Thomas and John ; ^ of Thomas I know no more than that he was living at the time of his father's death, and dead before 6 Ric' II. for in that year his brother John obtained livery of the manor of Hammes in Sussex (under an entail), in the character of heir male of the body of their father and mother, upon the death of their elder brother's son. ^ This John must also have been dead before the 6th of Henry the Fourth, and all issue male and fe- male either from him or Thomas extinct, to make way for the inheritance to pass to the heirs of the sisters. Having thus dis- posed of the younger sons, I resume the account of

William the eldest. He came of age and made proof thereof in the 35th of Edw. III. and vvas found to be heir to his mother at her deaih, wliich happened in tlie 43rd. He was regularly summoned to Parhament from the 36th of Edw. III. till his death in the 49th. ' His wife was Beatrix sister of Thomasde Brewose, chevalier; and upon failureofher brother's issue, the manors of Maningford-Brewose, co. Wilts, and Tet-

« Rot. Claus. 1 Edw. I. m. 3.

* CC. ut supra. Rot. Cl. 9 Ric. II. m. 15.

> Esc. X\ Edw. III. no. 37. ^ Rot. Claus. 6 Ric. II. m. 24.

' Ebc. U) Ric. II. no. 7.

ADDITIONS TO DUGI)ALE*S BARONAGE. 59

biiry, co. Gloucester, with other lands, came to Elizabeth Heron lier daughter, and at that time sole heir. By this lady, who survived him, he had issue John his son and heir, only two years of age, and a daughter named Elizabeth.

John the son died a minor not more than ten years of age, and in ward to the King, on the 2Tth of July, in the 6th of Richard II., and his sister EHzabeth was fuund to be his heir, sixteen years old and upwards.™

What follows appears to me, from its singular curiosity, to deserve particular notice.

Shortly after the death of her brother this EHzabeth became the wife of Sir John de Falvesle, a kniglit of Northamptonshire, who immediately applied for Hvery in her right, she being of fuli age, of all the lands of her inheritance ; which lands had, according to the feudal system, by reason of the death of her father and the minority of his heir her late brother, been seized into the King's hands, and so remained at the time of the appli- cation.'' He was answered, that it was one of the King's prero- gatives that ah women who held of the King in chief, whatever their age might be, were bound to make oath that they would iiot marry until they had obtained his licence ; and that if they did so marry without his licence, their lands and tenements should be seized into the King's hands until they made satis- faction " ad voluntatem Domini Regis," and, therefore, as the said Elizabeth had married herself to the said John after her brother's death without the King's Hcence, they were bound to make satisfaction for such transgression before they could obtain Hvery. He persisted in his demand, however, and the matter was brought to a discussion before the King and his great Council, o " in pleno Parliamento suo tento apud Westin in octabis Scti Michaelis, a». regni sui sexto." In which Parlia- ment the petition of the said John and Elizabeth was read ; and after the Parliament was ended, " in magno Concilio dicti dni Regis, assistentibus " John King of Castille, William Arch- bishop of Canterbury, Robert Bishop of London, the Chancellor, the Bishops of Winchester, Ely, Durham, Lincoln, Norwich, Exeter, Hereford, and Sarum ; the Abbat of Waltham Holy Cross, " et aliis prelatis ac etiam Comitibus et aliis magnatibus et proceribus regni," together with the Judges and Serjeants at Law and many other learned Counsel ; and the said article of

■ Esc. 6 Ric. II. » Rot. Claus. 6 Ric. II. m. 12 d. ° Ibid.

60 ADDITIONS TO DUGDALE's BARONAGE.

prerogative was read and debated, and a question was put by ihe said Prelates, Earls, and Peers to the said Justices, Serjeants, &c. " Utrum praedictus articulus pro lege haberi et teneri debe- ret aut consuevit? " They answer, " Quod praedicta Prerogativa non tenetur pro Statuto, et quod dictus articulus hactenus non extitit observatus;" and that by such marriage after the death of her brother (whose heir she was) without the King's licence she had not committed any ofFence for which she was bound to make satisfaction, or for which her lands ought to be detained in the King's hands. Whereupon it was ordered that livery should be granted from the day on which the application was first made.

As soon as this decision had taken place, a writ of summons was issued to the very man who had thus maintained a suit against the Prerogative of the Crown. It does not appear that he ever had any issue by this Elizabeth ; yet he continued to be summoned to Parliament as long as he lived, viz. till 16 Ric. II. Upon his deathP she married to her second husband Sir WiUiam Heron, who was the very next year surnmoned to Parhament and continued to be so summoned till the 5th of Hen. IV. although she had died in the 23rd of Ric. II. and it does not any where appear that he, any more than Falwesle, ever had any issue by her. I am not aware that either of her husbands is described in any of the writs of summons as Lord Say, and therefore some doubt may possibly arise upon that ground as to their having derived that honour through her. But this doubt must be removed by what foUows : I have seen a deed of her first husband's which clears up that point with respect to him. It begins thus : " Sciant, &.c. quod Ego Johes Falwesle chivaler et Dominus de Say dedi, &c. Johi Waltham Custodi privati sigilii, &c. manerium meum de Falwesle, &c. Dat. apud Lon- don, 1° die Martii a^. r. R. Ricardi Secundi post conq. 10"," &c. Her second husband Heron was Steward of the King's Household q9. 4 Hen. IV. by the title of Lord Say. A circum- stance which still further confirms the supposition that the two husbands of this EHzabeth owed their respective summonses to Parliament to their marriage with her is, that neither of them ever had summons previous to such marriage.

•• See further of Sir John Fuwsley, Lord Suy, iu Bukcr'8 Northainptonshirc, tol. i. p. 37f).— Edit.

ADDITIONS TO DUGDALE's BARONAGE. 61

The story of this lady fumishes more matter towards explain- ing the notions which prevailed about ihe latter end of the 14th and the beginning of the 15th centuries than any other that I recollect to have inet with, and therefore I have dwelt upon it with particular attention.

Her father was the heir of a long line of ancestors who had been summoned to Parliament by writ with as much regularity as can be shewn in most ancient Baronies, and so may be con- sidered as the heir of and as possessing a Barony by writ, but the lands he inherited were some of them held " per Baroniam,** others " sicut Baro," so that he may also be said to have been heir of a Barony by Tenure, and upon that ground perhaps a question may fairly arise, whether the circumstances that at- tended his dau2:hter's inheritance are to be attributed to the Barony by Writ or the Barony by Tenure, or to the compound of both. It iscertain that her first husband Falvesle was sum- n)oned to the very first Parliament after the legality of his mar- riage had been allowed. It is also certain that he had not been admitted to the enjoyment of her lands till after a successful contest maintained against an aileged prerogative of the Crown ; and it seems reasonable to suppose that the immediate calling him to Parliament was not a matter of spontaneous favour, but that as her husband he had a right to a writ. He died and she married again, and her second husband Sir William Heron was also immediately summoned, and continued to be summoned as long as she lived. So far all this may be applicable to a mere Barony by writ: but this second husband continued to be sum- moned after her death, and is called Lord Say ; and it turns out upon investigation that the principal lands of her inheritance had been settled by fine upon her said second husband and her for their respective lives, with remainder to the heire of their two bodies, remainder to her right heirs, and so he became te- nant for life after her death. Here are two circumstances com- bined, his enjoyment of her lands and his sitting in Parliament after her death ; and 1 must own that they appear to me to connect so closely as that I cannot help suspecting that if the lands had not been so settled, but had remained as her paternal inheritance, they would have passed away upon her death without issue in the 23rd of Ric. II. to her heirs at law, and no more writs of summons would have issued to her surviving husband.

62 ADDITIONS TO DUGDALE's BARONAGE.

She diedon the 8th of July a°. 23 Ilic. II. yet no inquisition appears to have been taken ; but her inheritance remained quietly in the possession of her surviving husband until his death in the 6th of Hen. IV. and then the jury return, William de Clynton, chev'". Mary, wife of Otho de Worthington, Maud, sister of the said Mary, and Roger de Fienles, to be her cousins and next heirs in the following manner, viz.

The said William de Clinton, Chevr. as son of Sir William de Clinton, Knt. son of Sir John de Clynton, Knt. by Idonea his wife, eldest daughter of GefFrey de Say and aunt of the said EHzabeth Heron.

The said Mary Worthington and Maud her sister as daugh- ters of Sir Thomas de Aldon, Knt. by Elizabeth his wife, second daughter of the said GefFrey and aunt of the said Elizabeth Heron.

The said Roger de Fienles, as son of Sir William de Fienles, Knt. son of another Sir William by Joan his wife, third daugh- ter of said Geffrey and aunt of the said Elizabeth.

So the Barony fell into abeyance amongst these four coheirs.

Afterwards Mary Worthington and her sister (who was mar- ried to fsic) ) both died without issue, P and the abeyance rested between Clinton and Fienles.

William de Clinton was a Peer already; he died in a». 10 Hen. VI. leaving John his son and heir 22 years old.

Roger de Fienles married and had issue Richard, who ob- tained the Barony of Dacres of the South by marriage, and transmitted it to his posterity, where it remains to this day.

This Roger had a younger brother named James, who was Esquire of the Body to tlie King, and afterwards a Knight, and in 24 Hen. VI. advanced to the office of Chamberlain to Queen Margaret, with a salary of forty pounds per annum, by lettere under her great seal dated the 7th of June in that year.

In the year following, on the 5tli day of March, he was created a Baron of the Kingdom of England, in presence of ihe three estates of the realm in Parliament assembled at Bury St. Ed- mond's, and with the assent of the Lords Spiritual and Tem- poral, by the title of Baron of Say and of Sele, and his writ of

»> Philp. no. S— 77, 88^ Quid non, 135.

ADDITIONS TO DUGDALE's BARONAGE. 63

summons, directed " Jacobo Fenys militi Domino de Say et de Sele," was publicly read before the King. Nothing of this transaction appean» upon the Rolls of Parliament, but the whole is recited at large and exemplified by a patent under the great seal dated the same day ; and it is remarkable that there are no words in the patent, any more than in the writ, that can be con- strued as giving or conveying a state of inheritance i in the

1 " Henricos Dei gratia Rex Anglise et Francie et Dominus Hibernise Omni- bos ad quos prsesentes literte perrenerint salntem. Inspkximcs quendam actum per nos in presenti Parliamento nostro de assensu Dominorum spirituidium et temporalium in eodem Parliamento existentum faotum et in rotulis ejusdem Parliamenti irrotulatum in hsec Tcrba. Memorandum qnod ciim, inter ceteras gloriosas reipublicae curas et solicitudines varias regiis humeris incumbentes, arbitretur fore prscipnum et regale solium potissime solidare effluens ab eodem condigna prsemiatio meritorum, nam virtus ibi continue crescit et coletur ubi a debito sibi prsemio non frustratur. Ciimque honor sit virtutis prsemium, constat quod Tirtuosis et strenuis ex regali justicia debentur fasces honorum et prsemia dignitatum. Hinc Christianissimns Princeps et Dominus noster Rex debito discus- sionis libramine ponderans, magnifica et summ^ laudabilia labores honores et obsequia quse dilectus et iidelis legius suus regni sui Anglise Jacobus Fenys miles tam infra Regnum Angliae quam in partibus transmarinis, multipliciter effudit et impendit, Volensque proinde eundem Jacobum aliquali licet non condigna honoris prerogativa prout gestus sui nobiles ipsum Dominum Regem non medio- criter induxerunt inducuntque in dies premiare, quinto die Martii ultimo die pre- sentis Parliamenti in trium statuum ejusdem Parliamenti presentia de gratia sua speciali et ex certa scientia sua ac de assensu Dominorum Spiritualium et tempo- ralium regni sui predicti in Parliamento existentium, prtefatum Jacobum in Baro- nem dicti Regni sui Angliae erexit prefecit et creavit, eidemque Jacobo nomen stilnm titulum et honorem Baronis de Say et de Sele imposuit dedit concessit et assignavit, volens et concedens eidem Jacobo quod ipse nomen Baronis de Say et de Sele habeat et gerat, et Baro de Say et de Sele vocitetur et nuncupetur, et ut Baro regni sni Anglise in omnibus teneatur tractetur et reputetur, sedem quoque et locum sua in Parliamento et consiliis regiis inter ceteros Barones dicti regni Anglise habeat et teneat et possideat, necnon omnibus et singulis juribus libertatibus privilegiis et immunitatibus ubique infra dictum regnum Anglise gaudeat et utatur adeo plene et integre et eisdem modo et forma quibus alii Barones ejusdem regni ante haec tempora melius et quietius usi sunt et gavisi ac pro presenti plenius et liberius gaudeant et utantur. Et snper hoc idem Dominus Rex adtunc in presentia Dominorum in predicto Parliamento quoddam breve suum prsefato Jacobo directum, quod quidem Breve idem Jacobus habuit tunc ibidem, cujns tenor seqoitnr in hsec verba : Henricus Dei gratia Rex Anglis et Franciae et Dominus Hibemiae dilecto et fideli suo Jacobo Fenys militi Domino de Say et de Sele salutem. Quia pro quibusdam arduis et urgentibus negotiis nos statum et defensionem regni nostri Anglise ac Ecclesise Anglicanse concementibus presens Parliamentum nostrum apud Bury Sancti Edmundi teneri ordinavimus, et ibidem vobiscum ac cum magnatibus et proceribus dicti regni nostri colloquium habere et tractatum, vobis in fide et ligieancia quibus nobis tenemini similiter iojangendo mandamus quod, consideratis

64 ADDITIONS TO DUGDALE's BARONAGE.

dignity. He was summoned by the same title to the foUowing Parliaments of 27 and 28 Hen. VI. ; in which latter year, on the 4th of July, he was unfortunately taken by the rebels under Cade, and by them beheaded.

It has been aheady noticed that there was no estate of inhe- ritance in the title of Say and Sele granted by the letters patent. After the death of the person who had been so created, I find his son and heir Wilham summoned to the next Parliament and to all subsequent Parliaments during his Hfe, not by the title of Say and Sele, as his father had been, but by the title of Say only, as if he had become sole heir of that ancient Barony, notwith- standing that the line of his father's elder brother, as well as that of Clinton, was still in existence : and I think it will appear, from the evidence which I am about to state, that this William was at that time considered to be legally possessed of that dig- nity. I therefore deemed it proper to proceed in the manner I have done in order to bring that evidence forward.

A short time before the death of Sir James Fenys (Fienles), who had been, as above mentioned, created Lord Say and Sele, an agreement appears to have been entered into between him and his cousin John Lord Clinton for the purpose of putting him in possession of the ancient title of Lord Say ; for, by a deed dated Ist Nov. 27 Hen. VI. John Lord Clinton " gives, grants, ratifies, and confirms to the said James Lord Say and Sele his cousin, his heirs and assigns for ever, the name and title of Lord Say, relinquishing all interest therein, as well as right to the arms thereunto belonging, for himself and his heirs, and also granting that the said James, his heirs and assigns, should be known and called by the Tide of Lord Say, without any other addition, with a clause of warranty against all persons whatsoever." The 2nd of December foilowing tlie two parties

dictorum negociorum arduitate et periculis imminentibus, cessante quacunque ex- cusatione, in dicto Parliamento nostro cum omni festinatione personaliter intersitis nobiscum ac cum prsefatis magnatibus et Proceribus prsedictis super dictis negociis tractatur' vestrum consilium impensur'. Et hoc, sicut nos et honorem nostrum ac salvationem et defensionem regni et Ecclesise prsedictorum expeditionemque dic- torum negotiorum nostrorum diligitis, nullatenus omittatis. Teste me ipso apud Bury Sancti Edmundi 3° die Martii a". regni nostri 25. — legi fecerat in apertis. Nos autem tenorem Acti prsedicti ad requisitionem prsfati Jacobi dujcimus exem- plificandum per presentes. In cujus rei tcstimonium has literas nostras Aeri fecimus patentes. Teste meipso apud Bury Sancti Edmundi 5* die Martii anno regni nostri vicesimo quinto." MS. Vinc. in Coll, Arm. " Quid non," fo. 124\

ADDITIONS TO DUGDALE*S BARONAGE. 65

executed an indenture by which, after reciting tlie above men- tioned deed, Fienles renounces all pretensions to " all advow- sons, knight's-fees, wardships, marriages, reliefs, escheats, renis, services, and forfeitures, which by reason of the said Lordship [ratione Dominii) of Say had belonged to Clinton before the date of his release, or might in future devolve upon him or his heirs."

The death of Fienes happened soon after, and it may admit of great doubt whether the title of Say and Sele did not become extinct upon his death. Had there been nothing but the writ of summons in proof of the title, that writ would have operated in the usual way and created an estate of inheritance to the heirs of his body, but hei-e was a formal ceremonious crealion in pleno Parliamento, accompanied by letters patent, in which, as I have said before, there is not a word about heirs of any descrip- tion. But, however that may be, it is certain that when he died he was considered to be Lord Say. An inquisition post mortem in Surrey, another in Sussex, another in Kent, another in Mid- dlesex, and another at Bristol, all describe him " Jacobus Fenys miles Dominus de Say," or " Jacobus Dns de Say miles." It is certain too that after his death none of his posterity ever re- ceived a summons to Parliament by the title of Say and Sele till after a new patent was obtained from King James the First, and then, though the patent recognised and confirmed the de- scent from Sir James to the grantee, it expressly limited the rank to the date of this new creation.

From these transactions between Clinton and Fienes, and the subsequent conduct of the Crown, I think these inferences may be drawn :

That Clinton, as representative of the eldest coheir, was con- sidered as having the principal if not the exclusive claim to the dignity of Say.

That all advowsons, knight's-fees, wardships, marriages, re- liefs, escheats, rents, services, and forfeiiures, were considered as attendant upon the dignity, or as it is called in the deed tlie ** Dominium de Say."

That it was competent in law to a coheir of a Barony, situ- ated as Clinton was with respect to Say, to convey all his right and interest, not only to any other coheir, but even to a per-

VOL. VII. F

66 ADDITIONS TO DUGDALE's BARONAGE.

son who had no present interest in the dignity, provided that

person were lineally descended from the immediate common

ancestor of the coheirs, and perhaps to any other person not so

qualified, for Ciinton's conveyance is not only to Fienes and

his heirs, but to Fienes and his heirs and asnigns. If Ciinton

could give such a right of assignment to Fienes he must have

possessed it himself. The former part of the inference has been

proved ; the latter certainly has not ; but it has also not come

into question, and the deed, as far as it goes, proves that Clin-

ton thought himself, and was considered to be, possessed oi

such a right.

SAY.

Sir James Fenys, created Lord Say and Sele 5 Mar. 25 Hen. YI. Beheaded by the rebels 28 Hen. VI.^

I — : '

William, sammoned to Parliament and sat as Lord Say.

I

Henry, never summoned to Parliament, bnt always called Lord Say,

and so styled in Inq. p. m.

Richard, never summoned, and I do not recollect to hare seen him called Lord Say in any record. He is styled Richard Fienes, Esq. in Inq. p. m.

Edward, son and heir, was only one year old when his father died, anno 1501. His wardship was given to Sir Thomas Brandon, Knt. who in his will, dated 1 1 January 1509, says, " I will that the marriage of the Lord Say, whose wardship I have, shall remain to Charles Brandon during the Lord Say's nonage." This is most indisputable proof of his being considered as Lord Say at that time. (Yinc. 31, 165.)

CORBET. Vol. I. p. 515.

Ao. 2 Edw. II. Peter Corbet, son and heir of Peter Corbet, gives the King 100 marl<s for his relief of all the hmds and tenements which his father held in capite, on tlie day of his death, of King Edward I. It appears in the Great RoU of 12 Edw. I. in Salop that said Peter Corbet the father was charged with 100 pounds for his relief upon the death of Thomas his father, one hundred pounds being at that time the usual relief for a Barony, but now, on reference to Magna Carta, it was ordered that no more than 100 marlcs should be paid. r

These two Peters were regularly summoned to Parliament from 22 Edw. I. to 15 Edw. II. when the last Peter died with- out issue, and the Barony fell into abeyance between Stafford, Harley, and Cornwall.* StafFord was already a Baron ; neither Harley nor Cornwall was ever summoned.

' Vinc. no. 8. aS». • Ibid. 180.

ADDITIONS TO DUGDALE's BARONAGE. 67

HiLTON, 23 Edw. I.— Vol. II. p. 6.

In the 23rd, 24ih, and 25th of Edw. I. Robert de Hilton of Hilton in the county Palatine of Durham had summons to Par- liament amongst the Barons of this realm.* And in the 4th of Edw. II. was in the expedition ihen made into Scotland." This Robert married Margaret, one of the three daughters of Marma- duke de Thwenge, by whom he had issue two daughters, his co- heirs ; Isabella, wife of Sir Walter Pedwardyn, knt. ; and Maud, married to Sir John Hotham, Knt. ; * and upon the death of Thomas Thwenge, the last surviving brother of the said Mar- garet, it was found that the said Isabella Pedwardyn and John Hotham, son of the said Maud, were amongst the coheirs of Thwenge as representatives of the said Margaret.

From Isabella de Pedwardyn descended Sir Robert her son and heir : Sir Robert married Elizabeth daughter of Sir Edmund Pierrepoint, and had issue Walter Pedwardyn, Esq. who died a9. 9 Hen. VI. ieaving issue by Katharine his wife, daughter of Sir John Ingilby, of Ripley, in the county of York, Knt. R(^er his son and heir, Thomas who died without issue, and four daughters. Roger Pedwardyn had two sons, Christo- pher and Peter, who both died minors, and in ward to Sir John Hussey of Sleaford. The issue male of Isabella Pedwardyn thus failing, the four daughters of Walter Pedwardyn above men- tioned, viz. 1. Anne, 2. Joan, 3. Katharine, and 4. Margaret, became her heirs.

I. Anne married John Quickerell of Boston, in the county of Lincoln, and left a numerous issue.

II. Joan died without issue.

III. Katharine, married first to Nicholas Dene of Barrowby in the county of Lincoln ; y and secondly, to David Sitsilt or Cecil, grandfather of Lord Burghley. By the second she had no children ; but by the first she had a son named James Dene, whose only daughter and heir Thomasine was twice married ; first to Sir Richard Bozon, Knt. who died on the 18th of Aug. ao. 16 Hen. VIII. and by whom she had five daughters; ' and

* Clans. de eisdem annis in dorso.

" Rot. Scoc. 4 Edw. II. m. 7, ' Esc. 48 Edw. III. no. 68.

y Vinc. Bar. 123, in Coll. Ann. • Vinc. Linc. 14i.

F 2

68 ADDITIONS TO DUGDALE's BARONAGE.

secondly to William Vernon, by whom she had an only daugh- ter. The five daughters by the first husband (Dene) were,

1. Amia, married first to Henry Babington, and secondly to Francis Moore.

2. Mary, wife of John Worsley.

3. Margaret, wife of Richard Clopton, of Groton in Suffolk,^ Esq. by whom she had only a daughter named Mary, who mar- ried to Sir William Cordall, Knt. Master of the Rolls, who I believe died s. p.

4. Alice, wife of George Poole ; and

5. Eh'zabeth, married to Sir Richard Paynell, of Boothby in the county of Lincoln, Knt. ^ by whom she had two sons, Fran- cis and Richard, who were Hving in 1562.

6. The daughter by the second marriage was Joan, who was second wife to Henry Saville of Lupset, in the county of York, Esq. Her lineal descendant and heir was William Saville, Marquis of Halifax, who left three daughters and coheirs, viz.

L Anne, wife of Charles Bruce, Earl of Ailesbury, whose sole heir atpresent (1807) is the RightHonourable Lady Temple, daughter and heir of the late Duke of Chandos.

2. Dorothy, wife of Richard Boyle, Earl of Burlington, whose Iieir is the present Duke of Devonshire ; and

3. Mary, wife of Sackville Tufton, Earl of Thanet, and grand. mother of the present Earl. (1807.)

IV. Margaret, the fourth daughter of Walter Pedwardyn, as above mentioned, became the wife of Alexander Leeke, son of Matthew Leeke, of Leeke, co. Lincoln : whether there was any issue of this marriage or not, I cannot say at present.

I now return to Maud, the second of the daughters and co- lieirs of Robert de Hilton, and wife of Sir John Hotham, Knt. From her there was a regular descent of seven generations ali of the name of John, and all except one knights. Sir John Ho- tham, the last of the seven, was succeeded by Sir Francis his son and heir, whose grandson and heir Sir John Hotham was created a Baronet a°. 19 James L and was twice married. His grandson and heir had two sons and two daughters. The sons were Sir John who succeeded him in the Baronetage, and Ro-

• Vinc. Suff. 2''. 4^. * C. 15 Cal. 2. 13.

• Vinc. Linc. 193.

ADDITIONS TO DUGDALE's BARONAGE. 69

bert, who both died without issue. Of the daughters, Elizabeth the eldest married to William Gee, of Bishop's Burton, Esq. and Bridget the other became the wife of Godfrey Bosville, of Gunthwaite, Esq. but died without issue, ^ so that the represen- tative of this line rests in the heir or heirs of Elizabeth Gee.

BuRGHE (Borough), summoned a». 3 Hen. VII. Vol. II. p. 288.

P. 289, 1. 39b. And departing this life on the 14thof October 1597, left one son, Robert, who was three years of age in the month of August preceding; and four daughters, Elizabeth, Anne, Frances, and Katharine. The son died a minor, un- married, and the four daughters became coheirs.

1. Elizabeth, married to George Brooke,^ Esq. ayounger son of William Lord Cobham.

2. Anne, married to Sir Drew Drury, of Rollesby in the county of Norfolk.

3. Frances, married to Francis Coppinger, of St. Giles's in tlie fields, in the county of Middlesex, Esq. ; and

4. Katharine became the wife of Thomas Knyvet, ^ of Ash- welthorpe, in the county of Norfolk, and was grandmother of Katharine Bokenham, who claimed and obtained the Barony of Berners in the reign of King George the First. s

<* Ex ArcluT. CoU. Arm.

* The coheirs of Elizabeth Brooke are now, 1839, (in rightof their descent from Frances, the only daughter of Sir William Boothby, of Nottingham, Bart. who died 1710, and was the great-grandson of the said Elizabeth,) Robert Thorp, of Leeds, M.D. Disney Alexander, of Wakefield, Esq. Lucy, wife of Henry Cockerell Leatham, Esq. and her sister Miss Harriet Lond : in right of which descent thej were also coheirs of the Barony of Braye, the abeyance of which was in Ootober 1839 determined in favour of Mrs. Otway Cave, one of the coheirs of the said Barony, and now Bakoness Braye. C. G. Y.

' 4 D. 14, in CoU. Arm.

> Henry, present Lord Bemers, is the eldest coheir and representative of Ka- th&rine Knyvefs share of this Barony.

C. G. Y.

{To be coniinued.)

70

VII.

ABSTKACTS OF HUNGEIIFORD WILLS.

1485. Lady Margery Hungerford, widowof Sir Edw. H. and lady of Downamney ; to be brried in Downamney church, near my husband. My eldest son Edward H. My son Thomas H.

St. James Apostle (July) 1504. Lady Christiana Hungerford, widow of Sir Thomas H. of Sudington Langley, co. Worc. ; to be buried in " Monasterio Dnae de Circestre." My dau. EHza- beth, widow of Thomas Higford. My son Anthony H. John H. eldest son, and Sir Walter H. youngest son, of my said son An- thony. Proved 19 Aug. 1504.

29 Aug. 20 Hen. VH. (1504). Edward Hungerford, Esq. ; to be buried in monastery of St. Bartholomew in West Smithfield ^^juxta London" where Anne my late wife is buried, viz. in my chapel of St. Anne. My feoffees to entail my manors of Stod- ley, Cricklade, and Cadnam, co. Wilts, and lands in Chelworth, on Robert H. my son and heir, in fee taii; remainder to Thomas H. my son, in fee tail ; remainder to Sir John H. in fee, so that he give to my sons such recompence as shall be in reason and conscience. Proved 13 Oct. 1504, or qu. 1507 ?

12 Sept. 1510. Richard Hungerford, Esq.; to be buried in the body of the conventual church of the Blackfriars in Ludgate, London. Manor of Charlecote, co. Warw. and lands in co. Oxon. in right of my wife Jane.» My cousin Margaret Kempe, My coushi Roliert Blaynerhasset. Proved 4 Nov. 1510.

26 March 5 Hen. VIII. (1514.) Jane Hungerford of Charl- cote, co. Warw. ; to be buried at Ilford near my first husband Edmund Lucy, Esq. My son Sir Thomas Lucy, &c. Proved 4 Aug. 1514.

9 Aug. 1515. Sir Walter Hungerford ; to be buried in the chapel of St. Michael, in the parish church of Heytesbury [Heglitredesbury]. My son Sir Edward H. My son (in law) John Bourchier and Isabella^ his wife. Proved 29 May 1516.

14 Dec. 1521. Sir Edward Hungerford; to be buried in the

• Widow of Sir Edmund Lucy, of Cbarlcote, e»q. ^ Or Elizabeth — {lynoDymouB.

ABSTRACTS OF HUNGERFORD WILLS. 71

parish church of Heytesbury, where my father is buried, and near my wife Agnes. Proved 29 Jan. 1521-2.

24 July 1524. Sir John Hungerford, Knt. ; to be buried in the abbey of Cirencester. Manors of Marston, co. Wilts, Suk- ley, co. Worc. Compton D. and O. co. Somerset, and Rollright, co. Oxon. My son and heir Sir Anthony Hungerford. My son Edward H. My daughter Jane Long. My wife Margaret. Proved 27 Aug. 1524.

20 Sept. 22 Hen. VIII. (1530). Edward Hungerford, of Wyndriche, co. Glouc. Esq.; to be buried there. Manor of Lye, co. Wilts, lands in South Cerne, co. Glouc. &c. My son George H. My son John H. To my dau. Isabella lands in Chelworth, co. Wilts. My wife Margaret. My brother Sir Anthony H. Proved 23 May 1531.

6 Apr. 1527. Lady Margaret Hungerford, widow ; to be buried in the chapel of our Lady in the abbey of Cirencester, near where my husband Sir John H. was buried. To my son and heir Sir Anthony H. and so from heir to heir, two gilt pots of silver. To the son and heir of my son Edward H. the same other plate [qu. to Cirencester Abbey], to pray for the souls of Sir John Hungerford and Lady Margaret his wife, Thomas H. and Christiana his wife, Edmund Blount and Margaret his wife, with all the souls of their consanguinity. My grandson Edmund, son of my son Sir Antony. My daughter Christiana Sapcotes. My son-in-law Roger Winter. Proved 23 May 1531 ; Ed- ward H. executor, but he dying v. m. his widow Margaret ad- ministered.

27 May 1544. Robert Hungerfoi'd, of Cadenham, co. Wilts, Esq. My son and heir John H. To my second son, Walter H. my farm of Darnford. To my third son Thomas H. my land called Berrells, in the parish of Calne. To my fourth son Ro- bert H. my lands and tenements in Westminster, and Longditch near that city. To my fifth son Henry H. the reversion of my copyhold land in Bremhill. To my sixth son Anthony H. all my lands in the parish of Cricklade. My daughiers Eleanor, Cecily, and Mary. My wife Margaret. My father-in-law Sir Henry Long. My brother Thomas H. My brother Richard H. of I^ton, co. Somerset. Proved 9 Nov. 1558.

31 Aug. 1558. Sir Anthony Hungerford of Donampney, co. Glouc. Knt. To my son and heir John H. my manor of Don

72 ABSTRACTS OF HUNGERFORD WILLS.

Ampney, Suckley, Pyrton, and Pyrton Stock, Alvescott, Easby, Rewbrook, Birton, and Stock, in co. Glouc. Worc. Oxon. and Wilts. To my son Henry H. manors of Latton, Burtoning, and Barton Wynslowe, co. Wilts and Oxon, and Winston, co. Glouc. To my son Edward H. lands in Comhenger and Hun- gerford, co. Wilts and Berks. My sons Edmund H. Edward H. senior, Edward H. junior, Thomas H. John H. junior. My son (in law) Henry CHfford ; my son (in law) John Blagrave; my son (in law) John Goddard ; my son (in law) John Fetti- place of Besetby ; my son (in law) Cervington or Servington ; my daughter Joan, widow of Thomas South; my daugliter Jane Foster ; my wife Dorothy, daughter of Lady Danvers ; Anthony Danvers, son of John D. of Tokenham; Anne, dau. of John Danvers of Tokenham. Proved 4 Mar. 1558-9.

8 Aug. 1 Eliz. (1559). Lady Dorothy Hungerford, of East Sheflfbrd, co. Berks, widow of Sir Anthony H. ; to be buried at East Shefford. My son John Fettyplace; my son and heir Edwai'd F. Esq. deceased ; my son Thomas F. ; my son Edward Hungerford of Weston ; my son Edward H. of Lymington; my son Jolin H. of Stock ; my son Thomas H. of Lye ; my son (in law) Foster; my son (in law) Henry Clifford. Proved 5 Feb. 1559-60.

G. B.

VHL

BXTRACTS FROM THE UEGISTEIIS OF COLLINGBOURNE DUCIS, COLLINGBOURNE KINGSTON, BURBAGE, AND TIDCOMBE, CO. WILTS;

COLLINGBOURNE DUCIS.

The Registers of this parish commence in 1653.

BAPTISMS.

1662. Joseph Batt, son of Edmond Batt and Mary his wife, was baptised on the 27 di day of December 1662, by ine Arlhur Charlett, rector of CoIIingbourne Ducis, being y« firsl I baptized there.

1742. William, the son of the Rev. Mr. William Batt aml of Elizabclh his wife, was bapt. May ihc 30th, 1742.

COLLINGBOURNE DUCIS. 73

1748. John, son of the Rev. Mr. Tho. Talbot and Jane his wife, was bapt. July y« Ist, 1748.»

1778. Catharine, daughter of Thorrias Goodlake, Elsq. and Catharine his wife, was baptized Dec. 8th ; their sons,— John- Hughes, was baptized privately Dec. 2nd, fully christened Dec. 20th, 1781; William-Hartley, bapt. Jan. 4th, 1787.

MARRIAGES.

1656-7. Mr. Walter Dowse and Mrs. Ann Vince, daughter of Mr. William Vince, of Collingborne Kingston, were married bv William Blissett, Esq. at Marleborough 17th February.

1668. Mr. Edmund Hungerford and Mrs. Mary Callow *> were marryed Dec. 7th, 1668, by me, Ar. Charlett, Rector.

1678-9. March 4th. Mr. John Bourne, of Acton Hall in ye parish of Ombersley, in the county of Worcester, and my dau. Elizabeth Charlett, were married by me, Ar. Charlett, Rector.

1685. Aug. 17. Mr. Richard Callow and Mrs. Honour Mumpesson « were married by me, Ar. Charlett, Rector.

1714. Aug. 2nd. Mr. Solomon Williams, of Clement's Dane, London, and Mrs. Margaret Callow of y^ parish, were married by vertue of a license granted from y® Arc-Bisliop's Court — by me, Will. Sherwin, Rector.

1723-4. The Rev. Mr. Joseph Gilbert and Mrs. Margaret Williams<* were married Jan. 2, 1723.

BURIALS.

1656. Mrs. Ann Byfield, the wife of Mr. Adoniram B^rfield,®

* The Rer. Thomas Talbot was presented to the rectory of Collingboani Dacis by Charles Lord Bnice in 1743, and resigned in 1756.

There are in this register abo the following children of the Rev. Thomas Talbot and Jane his wife : Jane, bapt. Mar. 6, 1749-50 ; Christopher-Mansel, bapt. Aug. 8, 1751 ; Ann, bap. Oct. 10, 1752 ; " John Talbot, an infant, was boried July y* 29th, 174«."

^ Probably the Edmund and Mary Hungerford mentioned in the last extract under the article " Registers of Little Bedwyn," CoU. Top. & Gen. vol. V. p. 363.

' Children of Mr. Richard Callow and Honour : Richard, bap. May 29, 1686 ; Honoor, May 31, 1687 ; Mary, 19 Apr. 1689 ; Mai^;aret, 3 Sept, 1691.

' Children of Joseph Gilbert, clerk, and Margaret : Margaret, bap. Jan. 12, 1725-6; Joseph, Jnly 13, 1727 ; Bridgman, June 26, bur. July 15, 1729 ; Mary, Sept. 4, 1730.

• Adoniram Byfieid was son of Nicholas Byfield, Vicar of Isieworth. He was

74 EXTRACTS FROM THE REGI8TER OF

dyed on the seventh of November 1656, and was buried on the 12tli day of the same month, in the yeare atbresaid.

1674. October 21. Mrs. Anne Callow, wife of Mr. Bridge- man Callow, was buried.

1674. Mr. Richard Caliow, junior, was buried December 11.

1678-9. Old Mr. Ric. Callow buried Jan. 31.

1679. Buried June 14, Mrs. Susan Callow.

1684-5. Jan. 22. Mr, Bridgman Callow buried.

1692-3. Jan. ye 09. Mr. Richard Callow buried.

1700. Arthur Charlett, Rector of this parish, f died Good Friday, and buried Easter Day, March 31.

1706. The Rev. Mr. Henry Russel, Rector of Penton in Hampshire, an able and faithful minister of God's word, was buried iu the southwest corner of y^ chancell, Nov. y^ 14th, ac- cording to his dying request; being placed not far from his grandfather, Mr. Scudder, and his great-grandfather Mr. Hunt.s

1707. Die Sextilis 19« sepehtur Guilielmus Batt, eo ipso die quo probris omnibus maledictisq; palam insectatus est Rectorem hujusce Ecclesiae, funus Tliomae Webb facientem, anno supe- riori,

1727, Mrs. Honour Callow, widow, was buried July y^ 23rd. 1740. Mr. Richard Callow was buryed October the 17th. 1743-4. Elizabeth, the wife of the Reverend Mr. WilHam Batt, was buryed Feb. y^ 3rd, 1743.

1759. Mrs. Honour Callow was buried December Ist.

1760. Mr. William Batt was buried June 20th.

chaplain to Colonel Cholmondeley's regiment in the army of Robert Earl of Essex tC42, also one of the scribes to the Assembly of Divines, and a most zealous Covenanter. He was afterwards Rector of Collingbourne Ducis, and an assistant to the Commissioners of Wilts for the ejection of such whom they then (1654) called scandaloug, ignorant, and insufficient ministers and schoolmasters. He died in 1660, and, on the 12th of February, his relict Katharine administered to the effects of the said Ad, Byfield of the parish of St. Martin'8 in the Fields, in Mid- dlesex, lately deceased. (Wood's Ath. Oxon. edit. Bliss.)

' Presented to the living by William Duke of Somerset in 1662. Qu. Was he father of Dr. Arthur Charlett, first of Trinity coUege, Oxford, and afterwards Mtister of University college ?

« George Hunt was instituted Rector of Collingboume Ducis in 1581, on the presentation of Richard Kingsmill, Esq. and again (or another person of the same name) in 1614, on the presentatiou of the Kiug for that tum. Henry Scudder was instituted in 1633, also on the presentation of the King. Scudder was a Presbyterian, and a great admirer of William Whately, Vicar of Banbury, whuse Life he wrote. Whately married a daughter of Gcorgc Hunt, and died \('>VJ.

COLLINGBOURNE DUCIS. 75

n65. Mrs. Mary Callow was buried April S6th. 1767. The Rev. Mr. William Batt was buried Decem. 11. 1771. Mrs. Eliz. Batt, relict of the Rev. Mr. William Batt, was buried March 19tli.

1786. Mrs. Sophia Tomlins, wife of the Rev. Mr. Tomlins, Rector of this parish, was buried April llth.

1787. The Reverend William Tomlins, •' Rector of this place upwards of 30 years, was buried Nov. 26th. His exemplary piety and unblemished manners rendered him an omament to his profession and to human nature.

W. Baines, Curate.

The Rev. Charles Francis succeeded the Rev. William Tom- lins in the Rectory.

Tbe following memoraQda are entered in the Register at CoUing- bourne-Ducis, and all, except the first, were written by the Rev. Wil- liam Sherwin, Rector.

1659-60. Daniell Burges» came to be Rector of this parish about the 11 th of March 1659.

1702. Robertus Woodward,^' LL. Professor, Recf^ de Pewsy, Decanus Sarisburiensis et cleri Prolocutor, contagiosa febre oc- cupatus obiit Londini circa initium veris 1702. De quo notan- dum est quod nullis literis aut modica duntaxat juris civilis sci- entia non minimam dignitatis Sedem adeptus est : Sed dum ingratus erga Patronos suos irrequieta ambitione ad altiora ten- debat, niedio in cursu concidit ac defecit, contra omnium opinio- nem pauper et obaeratus.

1702-3. Henricus Jacob, Henrici Scudder h filia nepos, Vica- rius de CoIIingborne Kingston, grassante per has villas febre

^ See the epitaphs of the Rev. William Tomlins and his wife, Hoare's Hondred of Elstub and Everley, p. 15.

' Daniell Borges sacceeded to CoUingboame Ducis on the death of Adoniram Byfield, and had been Rector of Sutton Veney, co. Wilts. He was ejected from Collingboame for Donconformity in 1662, and became a dissenting minister of eccentric celebrity. Bogue, in his History of Dissenters, states that he vas bom in 1645, bat he could scarcely in that case have been Rector of Collingboume in 1660, as appears by the register. He is also stated to have died in 1713 : there was a " Mr. Daniel Burges " buried at St. Peter'8, Marlborough, 25 June 1679.

" Robert Woodward was of New College, Oiford, LL.B. 1677, LL.D. 1685. He was made Archdeacon of Wilts in Nov. 1681, Chancellor of the diocese ofSalis. bury 1684, Rector of Pewsey, co. Wilts, Jan. 1684-5, Chancellor of the church of Salisbory 1686, and Dean of Sarum 1691.

76 EXTRACTS FROM THE REGISTER OF

corruptus, ^ vita excessit tlie Martii 16«, 1702-3. In sacra muneris sui functione diligentissimus, ad omnes animorum motus in populo excitandos concionator egregius, gravis sine arrogan- tia, vita non minus lingua pudoris et sanctimonia; suasor et hortator fuit. Tali amico amisso, cum consuetudine jucunda tum multorum officiorum conjunctione, et me privatum video, et interitu talis Tlieologi dignitatem nostri ordinis diminutam doleo.

Multis ille quidem flebilis occidit,

Nulli flebilior quam mihi.

1703. Magister Edmundus Spark Cantabrigiensis, Recf Ted- worthiae Australis, mortem cum vita commutavit podagrse dolo- ribus cruciatus, Maii die 8« a» 1703.

IUe bonus, sane vicinus, amabilis hospes, Comis in uxorem, servis qui ignoscere possit.

Atque ob eruditionem et mores commodos majore fuisset laude dignus, si Socinianorum dogmata minus acriter tenuisset.

1703. William Brown buryed May Ist. Memdum; the five last registered died of a feavour wch was very fatall in ys and y^ upper parish (Collingbourne Kingston), and more especially to such who were Jett bloud in y^ time of y"^ sicknesse; fifteen dyed in Collingborne Kingston within ten weekes ; ye distemper pro- bably caused by^ laie mild winter.

1703. Robt Marshman, of y® same distemper, June y^ 6th (being ye same day ye Bp. preach'd and confirmed). By expe- rience it was found y* a cofhon medicine called Decoctum sa- crum was of excellent use, few dying of y» feavour who made use of yt remedy.

1703. Memdum, yt on Saturday y» 27th day of Nov. about 2 a clock in y« morning, there arose a terrible hurricane wch did unspeakable damage ail over England, but few places suf- fered more y° y^ Parsonage here. For there was one long barn blown down, all ye rest of ye barns, outhouses, stables, and ricks of corn were unthatched, ye whole dwelling house uncovered, y^ lead upon y^ chancell shrivelled up Hke a scrowl, and ye tower and body of ye church much damnified. At y^ same time the Rt. Rev. Richard Kidder, Bishop of Batii and Wells, together with his Lady, were destroyed in y"" palace at Wells. But by* Providencc of God both nian and bcast escaped al! manner of hurt in ihcbc paris.

COLLISOBOURNE DUCIS. 77

1704. Nov y« 27 th. Alx)ut y» time I cast up what my charges had been in builcling a new barn, in y« alterations of my house, and in repairing y« greatest part of yc damage occasioned by y» storm, and y« sum amounted to 140/. aty« lowest computation : y« remaining part of my charge will, I suppose, come tonear 30.

1705. The bourn or rivulet, wch rises in Burbadge and passes through y« Collingborns, sometimes as far as Salisbury, did not run in 3^ winter last past: y« whole year having been very dry. April y« Ist.

1705. Johannes Hersent • Novi Coilegii Socius, Academiae Procurator, et D"» Locicart ad Gallum legato olim a sacris, Vir probus et doctus, rectoratu Pewseiensi vix tres annos antea fungebatur, quam podagra gravissime afflictus desiderari caepit 2I0 Decembris, a» 1705.

1706. May« 14th. I made a perambulation round my parish, where we renewed y« old bounds and sett our land marks ac- cording to y« directions of some of y^ oldest inhabitants who were present. We observed y* y« bridge over y« brooke between Sunton Collingborn and us stands within y« limits of our parish, but this is only upon leave given, and y^ inhabitants of Sunton are obliged to renew and repair y^ s^ bridge whenever it wants either repairing or renewal. Ita est, GuiL. Sherwin, Recf.

1706. Memdum. That on July y« 16th, 1706, my wife was safely delivered of a lusty boy about noon in her father's house at Chester, who was baptized there y« next day following by y® name of Thomas. Ita est, W. S.

1706. Henricus Russell, Henrici Scudder e filia nepos, Patri suo in Rectoratu de Penton in Agro Hantoniensi successit : ubi postquam aliquot annos verbum divinum praedicasset pastor fidus et laboriosus, extremum diem morte confecit, animo magis quam morbo fractus, atque ipsius rogatu apud adytum Templi nostri sepultus est 14° die Novembris, a» 1706.

1707. Johannes Torbuck, A.M. Socius olim Joannensis Oxon: jam Rector de Ludgershall, animam suam profudit 14° die Apr. a" 1707. Hominem ingeniosum, amicum facetum et dulcem, et Poetam non contemnendum, calamitates domesticae afflixerunt.

Haud facile emergit, cujus virtutibus obstant Res angusta domi, et turpes cum conjuge natae.

' John Hersent, of New College, Oxford, waa elected Proctor of the UniTenity in 1671 ; presented to the rectory of Pewsey by George Hanley, Esq. in 1701^.

78 EXTRACTS FROM THE REGISTER OF

G. S. (Gulielmus Sherwin) adscriptus fuit in Collegium Eto- nense, A» D"" 1680, annum agens undecimum, sub patrocinio Joliannis Rosewell ludimagistri celeberrimi; factus Semicommi- narius Magdalensis, adjuvante Henrico Fairfax, S.T.P. Decano postea Norvicensi, a^ 1683. Ex illo coUegio per vim ejectus, rebus in Papismum vergentibus, 16° die Jan. a» 1687-8. Inter socios Mertonenses unanimi consensu cooptatus 14° die Junii, a» 1688. Atque hujus ecclesiae institutus Rector die 2° Augusti, a" 1700. Matrimonium contraxit cum Katherina Hand ™ filia Thomae Hand, Armigeri, e Civitate Cestrensi, 16» Aprilis, a» 1704. Preberidarius de Seaforth in Ecclesia Cicestrensi, a° 1703.

1707. Robertus Peirce, LL.B. Reclor Tedworthiae Septen- trionalis in agris nostris, equo suo delapsus, mortem immaturam obiit kal. Decembres 1707. Vir erat omni laude cumulatus, politioris humanitatis, speciatim rei medicaj et linguarum scien- tissimus ; Etiam oequales suos moribus suavissimis, pauperesque sibi liberalitate haud vulgari devinxerit, omnibus per totam hanc viciniam tristissimum sui desiderium non immerito reliquit.

1707. Magister West, Rectr de Boscomb,"* propter praedes suos et aes alienum, ita diffisus est et desperavit rebus suis ut miseriarum remedium morte ac suspendio inhonestissimo quae- reret 23° die Decembris, a» 1707.

1707-8. Martinus Hinton, A.M. pupillus olira meus in Col- legio Mertonensi, cum alterius vice animarum curam Ted- worthiae Borealis tres quatuorve annos laudabiliter egisset, in- gravescente tandem variolarum morbo, diem suum obiit laborans ex flere alieno, Feb. xi». 1707-8.

1708. Carolus Gifford,» A.M. ex Aula Magd. Oxon. Rectr

■» The following notices occur in the regiater of the children of the Rev. W, Sherwin and Katharine his wife : Thomas, born 18th, bap. 20th, bur. 3Ist Jnly,

1705 ; Mary, bom 23d, bap. 31st July, 1707 ; William, born June 21, bap. July 8, 1708; Katharine, born Nov. 7, bap. 8, 1709; Elizabeth, born Aug. 20, bap. Aug. 30, 1710,

n The Rev. Robert West, coUated to Boscombe by Bishop Seth Ward in 1683. ° The name of " Carolus " appears to be here an error for " Franciscus," as, in the Institutions as printed by Sir Tliomas Phillipps, Francis Gifford was in

1706 presented by William Gifford, gent. to the church of Rushall-Hungerford, on the cession of John Gifford ; and in 1708 Thomas Gifford, oo the death of Francis.

COLLINGBOITRNE DUOlS. 79

do Russhall in his regionibus, postqunm corpus per aliquot annos macie extabuerat, animam Deo reddidit, 15° die Sept. &o 1708.

1708. Robertus Reekes, P Rector de Manningford 'Abbatis, febre correptus de vita decessit, 12° die Octobris Anno Dn» 1708. Vir acerrimo ingenio, sale conditus et facetiis, qui tamen in verbo divino enucleando multum oper» et laboris feliciter consumpsit.

1708-9. Magister Crofts, Rector de Clatford Australi juxta Andover in Agro Huntoniensi, obiit Feb. 22^, 1 708-9, de Eccle- sia bene meritus, utpote qui decimas quas priorum temporum iniquitas alienaverat legum ope at sumptu non exiguo sibi et successoribus suis vindicavit.

1709. Susannam GifFord, per mortem dicti Caroli jam viduam et pauperem, nominatione me& Maii 19«, 1709, cooptavi in Col- legium Matronarum quod ex munificentia praenobilis Ducissae Somersetensis fundatum fuit apud Froxfield in Agro Wilto- niensi.

1709 (May). At y« beginning of ys month y^ repairs of y« chancell were finished, and y^ workmen obIig'd by bond to keep it iii repair so long as I shall continue Rector ; y« leads were new cast, new timber into y^ roof, &c. For y^ whole, and some small alterations in my house, y« workmen had near 30/.

1709. Magister Smith, Vicarius de Clatford Boreali, &c. an- num agens octogessimum, animam placide expiravit Maii die nono 1709.

1709. Magister Haskins,<i Rect' de Chelterton (Cholderton), qui, quoad viridis aetas felicem pueris instituendis navasset ope- ram, in summa tranquillitate annum nonum et septuagessimum excessit, animiq; maturus mortem occubuit die nono Augusti, ao 1709.

1709. Circum finem anni 1709, Mr. Stone, Rectr de Abbots- Ann, decessit septuagenarius ; cui successit Jo. Lambert, A.M. ortus ex generos^ stirpe apud Boyton in comitatu Wiltoniensi, pupillus olim meus in Collegio Mertonensi.

(/» anoUier hand.J Die ultimo Januarii 1717-8 dictus Jo- hannes Lambert obiit podagri correptus.

' Presented to the rectory of Manningford Abbafs in 1689 by Charles Dnke of Somerset.

*) Samuel Hoskins, presented to the chorch of Choldrington by Dame Anne Kingsmill, widow, in IG61.

80 REGISTER OF COLLINGBOURNE DUCIS.

1709. Johannes Richmondius Webb,»" de Bigsden (Biddes- den) in pugna apud Hannoniam kal. Septembres grave accepit vulnus, quo si exanimatus esset, tanti non fuerat magnas hostiura copias fudisse. Idem anno superiori pulchram ac spectabilem de Gallis victoriam reportavit juxta castellum de Winendale. Peritus belli, fortis manu, facie eximia, animoque maximo. Deus incolumem servet optimum Imperatorem, firmamentum Reipub. nostrae suorumq; omnium ornamentum atque arcem !

1711. The Honorable y^ Lady Astley was buried at Ludger- shall June ye 29th.

1713. Mr. Tho. Mompesson, fellow of New Colledge, was buried at North Tedworth, Nov. y^ 25th.

1714. Martha uxor Johannis Smith de Oxenwood, Arm. abiit non obiit Martii die 19°. Matrona commemorabili pietate ac virtute praedita.

1716-17. The Rev. Mr. Wm. Etwall, y« worthy vicar of Chute, was buried there on y^ llth of February.

1717-18. Jan. 23«. Ego Guil. Sh. (Sherwin) suffragantibus pro me Decano et Capitulo rite electus et admissus fui, recla- mante aula, Canonicus Cicestrensis. Deus faxit ut felix faus- tumq; siet Ecclesiae, mihi, meisq; !

From Ladyday 1718 to y^ Midsummer following I kept my residence at Chichester, and y« Cure was supplyed by y^ Rev. Mr. Gwinn, who resided here.

In y^ beginning of Nov. 1719, having resided constantly here for almost 20 years, I remov'd with my family to my residence at Chichester, wilh y^ Bp. of Sarum's approbation, who appointed Mr. Joseph Gilbert to be my Curate. W. S.

G. B. J. W.

' Lieut.-General Webb, serving in the Duke of Marlborough'8 army, receiTcd a shot in the groin at the battle of Malplaquet, llth Sept. 1709. In the preceding year, whilst guarding with a body of 6,000 men a convoy from Ostend, he was attacked near Wynendale by a force of 22,000 French, who were received 80 warmly that they retired in the utmost confusion, and with a loss of b',000 men. This was the most honourable exploit performed during the whole war, and of such consequence to the confederates that, if the convoy had beea taken, tbe siege (of Lisle) must have been raised.

81

IX.

MEMORIALS OF THE FAMILY OF STUMPE, OF MALMESBURY,

The following is a passage of Le1and'8 Itinerary : " Thc hole l(^ginges of th' abbay [of Malmesbyri] be now longging to one Stumpe, an exceeding riche clothiar that boute them of the King. This Stumpe'8 sonne hath maried Sir Edward Baynton's doughter.

" This Stumpe was the chef causer and contributor to have th'abbay chirch made a paroch chirch.

" At this present tyme every corner of the vaste houses of ofBce that beloDgid toth'abbay be fulle of lumbes [looms] to weve clooth yn, and this Stumpe entendith to make a stret or 2 for clothiers in the vacant groand of the abbay that is withyn the towne wauUes. There be made now every yere in the towne a 3000 clothes." (Itin. vol. ii. fol. 27.)

From a previous passage it appears that even a portion of the charch WM then filled with looms j namely, that ancient portion which was considered a separate " little church joining to the soath side of the iranseptum of tli' abbay chirch."

The abbey of Malmesbur)- was purchased by William Stnmpe of tlie Crown in 31 Hen. VIII for 1500/. 2*. 0|rf. »

A grant from Hen. VIII. to Wm. Stumpe dated 20 Nov 36 Hen.VIII. (1545) is preserved in the Earl of Snffolk's Record-room at Charlton.

Fuller in his Worthies of England, under Wiltshire, notices Stumpe " as a benefactor to the pablic (in procuring the abbey church for the parish). " He was (he says) in his age one of the most eraineut Clothiers in England ; of whom there passeth a story told with some variation of circumstances. but generally to this purpose. King Henry the Eighth, hunting near Malmesbury in Bredon Forest, came with all his Court Train, unexpected, to dine with this Clothier. Bnt great housekeepers are as seldome surprised with guests as vigilant captains with enemies. Stump commands his little army of workmen, which he fed daily in his house, to fast oue meal untill night (which they might easily doe without endangering their health)^ and with the same provi-

* " I pemsed the origiaal in the Remembrancer's (or Sir Thomas Fanshaw'») Office, C. Tii. Par. rot. 147." FaUer'8 Worthie» of England, Wihs. He also h&d agrant of " Diverss Terr» coacesMe in com. Wilts. Par« Original. 36 Hen. VIII. rot. 147-" Jones's Index to the Records in the Ezchequer.

^ Following the eariy Englioh editions of Camden'g Britannia, he calls him " T. Stnmps ; " bnt in the Latin editions of the Britannia the name is merely '* Stumpins."

VOL. VII. G

82 FAMILY OF STUMPE,

sion gave the King and his Court train (though no so dellcious and various) raost wholesome and plentifuU entertaininent."

The following epitaph on a mural monument in Malmesbury abbey has 8ugg;e8ted the compilation of the prcsent article :

The Blessed Memorialls

of

Ms. Anne» Warneford who was davghter & Heire of Thomas

Godwyn, Esq. first maried to Hen. Crane, of Suffolk, Esq.

by whom shee had issue onely a davghter maried to S"" John

Hervey, Knight; by her second hvsband, John Stvmpe of

Malmesbury, in y^ Covnty of Wilts, Esq. Heire male to S^"

James Stvmp, Kn*. whose Heires generall were maryed to

severall honorable families heere delyneated by their Armes &

Coronetts, shee had issve 3 davghters and Heires, that is to

say, Elizabeth maryed to y^ Ho^^^ Kn*. Sr John Powlett of Hyde

neere Wynton, Kaiheryne maried to Fovlke Bvttery, in ihe

Counly of Northampton, Esq. & Anne maryed to William

Plvmer of Bedfordshire, Esq.

Shee departed this mortall life vpon

the 12thday of Apriil 1631.

To whose remembrance the Lady Powlett

her loveing and Most beloued davghter

hath consecrated this

Monument.

Thc " Armes andCoronetts " placedround the tablet areas follow: At thc top, Por chevron arg. aud sa. three gnffin*s heads erased

counterchanged, Stumpe ; impaling, Sa. a chevron erm. betw. thrce

leopard's heads or, Godwyn. Down the left-hand sidc :

1. Ar. a fess between three cross-crosslets fitchde gu. Crane ; im- paling Godwyn.

2. Ar. a bend within a bordure engrailed sa. Knevett ; impaling Stumpe.

3. Gu. a bend betvvccn six crosslets fitchee ar. Howard ; impaling Knevett ; surmounted by an Earrs coronet.

4. Ar. six crosslcts fitchee 3, 2, 1, sa. on a chief az. two mullets pierced or, Clinton ; impal. Knevctt ; surmounted by an Earrs coronet.

* The name " Elizabeth " was at first engraved oq the tablet, apparently by mis- take, and that of Anne has been inserted over it, which is the name in the Regis- ter ; " Buried the 14th April, M''' Anne Warueford wydow sometymetlie wyfe of Mr. John Wameford, Esquyer."

OF MALMESBURY.

83

5. Or, two bars az. a chief quairterly ar. and gu. in the iirst and fourth quarters two flcurs de lis, and in the second and third a lion passant guardant, all or, Manners ; impaling Knevett ; sunnounted by an Earrs coronet.

Poivn the right-hand sidc :

1. Pcr fess embattled ar. and sa. six crosses patee, three and three, coanterchangcd, Wameford ; impaling Godwyn.

2. Or, a chevron betw. three leopard's heads gu. Harvey : impaling Crane.

3. Sa. three swords. the points meeting in base, proper, pomels and hilts or, a bordure ermine, Poulett ; impaling Stumpe.

4. Sa, a lion rampantor,achiefof the last, Buttery ; impaling Stumpe. , 5. Vert, a chevron between three lion's heads erased or, on each thiee guttes gu. Plomer ; impaling Stumpe.

PEDICBEE OF STUMPE OF MALME8BURV.

Wiiliam Stumpe, the liv-ing 31

rich clothier of Malmesbury, & 36 Hen. VIII.

— I

John Sons.

Sir James -^-Bridget, dau.

Stnmpe, knt. Sheriff of Wilts, 5 Edw.VI.& 2 Eliz. died 1563.

Sir Henry Knevett,

of Charl- ton, co. Wilt*.

of Sir Edw. Bayntun, of Bromham, Wilts, by his first wife Eli- zabeth,dau of Sir JohnSuli ard. I —

^i i

^Eliza-

beth Crane,

Stumpe, marr. only to Sir dau. & John

=Isabell, widow of SirJames, mention- ed in his wUl.

l.Henry^ Crane, of Suf- folk, esq.

^Anne, dau.^ & heir of Thos.God- wyn, esq.

diedl2Ap.

1631, bur.

atMalmes-

bury 14th.

1

:2. John=

Stumpe,

of

Malmes-

bury,

esq.

living

1580.

-3dhus- band, Joha Warne- ford, esq. d. before his wife.

heir.

Har-

vey,

knt.

Elizabeth, mar. to Sir John Powlett, of the Hyde, near Winchester, m. at Malmesbury, 21 May, 1607. (See vol. VI. p. 257.)

Katharine,raar. to Fulke But- tery, or Botry, of Marston St. Lawrence, co. Northampton, esq. ^ (See Baker, vol. i. p. 641.)

I ■

Katharine, mar. 1. Rich- ard, 8on of Robert Lord Rich. 2. Lord Thomas Howard, Ist Earl of Suf- folk, and Lord Treasurer. She was buriedatWalden, 1« Sept. 1633.^=

Howard Earl of SufTolk & Berkshire, of Charlton Hoase, near Malmesbury.

Elizabeth, mar. Thomas 3d Earl of Lincoln.

Clinton Earl of Lin- coln, to 1692.

Anne,mar.toWm. PIomer,ofco.Bed- ford, esq. and of Radwell, Herts. Sheriffof Herts 9 Car. I. She died 29, and bur. at Radwell 30 July, 1635.

Frances, mar. 1. Sir WilliamBevill.ofKilk- hampton, co. Cornwall, knt. 2. Francis sixth Earl of Rutland.

Lady Katharine Man- ners, Duchess of Buck. ingham.

Stampe and Godwyn are now common names among the yeomanry in the neighbourhood of Malmesbury.

G 2

84 FAMILY OF STUMPE.

On New-year's day 156 1-2, Sir James Stump presented to the Queen " two greyhoiinds, a fallovv and a blak-pyed," and rcceived in return a gilt cup and cover, weighing nearly 1 1 oz. (Nichols's Progresses, &'c. of Queeri Elizabeth, vol. i. pp. 115, 125.)

His will is registered in the Prerogative Court of Canterbury : il; is dated 28 April, 5 Eliz. (1563), and was proved on the 14th June fol- lowing. He is styled therein Sir James Stumpe, of Biomham, co. Wilts. He desires his body to be buried at St. Margaret's, Westminsterj states his property to consist of a rental of 500 marks, arising from lands in the counties of Wilts and Gloucester ; 1000 in piate, and 1000/. in household stuff ; mentions a lease of Edington, Wilts, the manor of Broinham, the manor of Rodbourn, and woods in Charlton and Brinck- worth in Bradon. The principal legatee is his daughter Elizabeth ; to the sons of his uncle John Stump is left 201 from the roanor of Rod- bourn : — to his brother John Stump, of Malmesbury : — to his friend Sir John Leigh 100/. who, with the testators wife Isabell, is left executor.

There is a very large monument in Charlton church, with recumbent effigies of a man and his wife, and kneeling figures of their children, which is supposed to be that of Sir Henry Knevitt and his lady.

Sir John Powlett was the second of the four natural sons, all knights, of William first Marquess of Winchester.

The epitaph at Radwell of " Ann Plomer, late the wife of William Plomer, Esq. and one of the coheires of John Stump, of Malinesbury, in Wilts, Esq. who dyed in the yeare of our Redemption 1 625, July 29 ; " will be found in Clutterbucks Hertfordshire, vol. iii. p. 553.

J. G. N.

X.

oitleiana: or, letter.s, &c. relating to siiropshire, chiefly addressed to sir fuancis ottley.

fContinued from Vol. VI. p. 37.)

For liis honored Freind

S'' Frauncis Otley

Gouvernor of Shrewsbery, these.

Noble S^". I thanke you for yo»" good intelligence & in re- quitall I sende you y^ assured taking of Preston in Lancheshire by my lord of Darby, w^ y» Cannon & amunition, soe y* all will be well when you righlly setled : for w < 1' causc I am rod(1y to

OTTLEIANA. 85

wayte on you at an howers warnige when I shall receaue sumons from you or yo"" Sherife. I praye you wryte lo y« bayliffe of Bredgenorthe, or get those packets conueyde safely by water, beinge of extraordinary concernes to y« king at Oxford, & yo' care in will obhge me particular.

Yo' humble Servant, Chester ye 22^ of March 1642. N. Bykon.

Od the ontside of this letter is endorsed :

Chester 22^ of march here att 4 in the afternoon,

Wm. Orodes. Rec. this packett after vij of the clock in the afternoon,

Tho: Baker, Wrexham. Rec. this after ix of the clocke in the after noon,

Fa. Higginson, Ellesraere.

To my noble Freind

Sir Francis Oateley at Shrewsbury.

Sir. These gentlemen Spaniards came hither recommended from the Countesse of Derby, and are going now to Court. 1 beseech y° Sir let them have the favour from y" w<* is due to all strangers : and that you will please to provide them of lodging and horses for their money. This, sir, is the desire of

Y"" affectionate servant,

Chester, AJarch 22, 1642. Orl. Bridgeman.

To my honnored Freind

S^ Francis Otlye

Governor of Sallop.

S' Francis Otlye : I haue receaued a letter that their wilbe att Shrowbury to morrow night 3 brass peeces, for which cause I am com to Newport this night in expectation of their com- ming. I pray you send me word that I may give them the meeting to morrow moming by the way, or what time they will com, for heare I shall waite their comming. My seruis to your Lady & your self. I drinke your helth, being your affectionat seruant, B. ScuDAJtioRE.

7 a clock wensday night. * wa: tam:

• M«rch i2, 1642^.

86 OTTLEIANA.

To my honoured Friend

Sr Francis Ottley

Gouernour of Shrewsbury.

S»' Francis Ottley. I receaued yo' Ire tliis morning 8c I shall aduance wth the troopes to yo" this night at WelHngton. I have sent Capt. Bagott purposely to attend the march of the Canon, & I shall desire you to hasten them assoone as you can, for I onely waite their coming. I know you will not slack tyme in any thing, therfore I shall intreate you to present my seruices to S^" Robt Wolsley^ & desire him to deliuer the amunicon to you wcl> my Lo. Aston ^ tould mee of this day, & let it come along wtl» the Canon ; satisfaccon shall be giuen for all, therefore I pray you neglect nothing. So, w^h my best affection to yo^^selfe & my seruice to my Lady, I rest yo"" faithfull friend

Newport, Mar. 23, 1642. to serue you,

B. SCUDAMORE.

To the right worshipfuU my very louing

freind S"" Francis Otlley, gouernour of Shrewsbury, these.

S"^. It is his Ma^^ycs pleasure to command my service in the County of Salope & divers other adiacent Counties vvitii wliich I shall more pticuleriy acquaint your selfe and other honerable psons and Gentlemen of the County at my coming to you. In the meane time I thought it necessary to acquaint you that his Ma*''^ out of a speciall regard to the safety of those parts, hath sent twenty barrels of powder and a proportionable quaintitie of match & buUett ; on fryday I intend they shall be at Shrews- berry, I will send my owne Troope to guard it downe, and there- fore I desire thatyou will take care that imediately after it comes it may be safely layed vpp vntill my coming thither. S*", I have nothing farther at this time to acquaint you vf^ & therfore I rest Yo"" very loveing freind. ^

i» Sir Robert Wolseley, Ist Baronet, Clerk of the