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A51538 A defence of Amicia daughter of Hvgh Cyveliok, Earl of Chester wherein it is proved that Sir Peter Leicester Baronet, in his book entituled, Historical antiquities in two books, the first treating in general of Great Britain and Ireland, the second containing particular remarks concerning Cheshire, hath without any just ground declared the said Amicia to be a bastard/ by Sir Thomas Mainwaring ... Mainwaring, Thomas, Sir, 1623-1689. 1673 (1673) Wing M300; ESTC R13643 32,519 94

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before Ralph the Steward of Cheshire But if Amicia was a Legitimate Daughter the reason thereof will be apparent For though it be true that the Husband cannot be Ennobled by the Marriage of his Wife yet the Earl of Chester being a Count Palatine and one that is confessed by you Page 152 159. to have Royal Authority within himself and not unfitly to bestiled a Petty King having under him his Constable of Cheshire in Fee in imitation of the Lord High Constable of England and his Steward of Cheshire in Fee after the example of the Lord High Steward of England and his Noblemen about him in imitation of the Barons of the Kingdom as also his Chamberlaine who supplieth the place of Chancellor and his Justices of Chester who have like power to the Judges of the Courts of Kings Bench and Common Pleas as also a Baron of the Exchequer a Sheriff and other Officers proportionable to those of the Crown It is no wonder at all if these great persons did voluntarily give Precedence to Sir Ralph Mainwaring during his life in regard he had married a lawful Daughter to one of their said Earls Add hereunto that when Earl Hugh Cyvelioke did by his Charter mentioned by you Page 131. acquit the Abbot and Monks of Stanlaw of some Toll in Chester which could be but a little before the said Earl's death because the said Earl died in the year 1181. And the Abbey of Stanlaw as is confessed by you Page 267. was Founded but in the year 1178. The said Earl in his said Charter contrary to all former Precedents which I have seen doth name the Justice of Chester before both the Constable of Cheshire and Steward of Cheshire and the Reason thereof I suppose to be because the said Ralph Mainwaring who was Son in Law to the said Earl was then Justice of Chester as he also was some years in the life time of Randle Blundevill though the said Ralph as appears by his aforesaid Deed made to Henry de Alditelegh did afterwards part with the said Office Philip de Orreby being Justice of Chester when the said Philip was a Witness to the said Deed. Now this preeminence could not be given to the said Ralph because he was Justice of Chester that being below the Offices of Constable and Steward as appears before but because of the Relation of the said Ralph to the said Earl But as this respect was too great to have been shewed him if he had onely married one that was a Bastard so it doth not consist with your conceits that the said Amice was Illegitimate and that the said Ralph had nothing else with her but the aforesaid Services For indeed they were not of sufficient value to be a Portion suitable to the Estate of a very mean Gentleman I Have at present done with this Discourse concerning the aforesaid Amicia but being desirous to rectifie all Mistakes which do concern my Family in all the Particulars that I can I think it not inconvenient to inform the Reader of one of yours in the 334 Page of your Book wherein speaking of Margery the Wife of Randle Mainwaring you say This Randle Manwaring of Over Peover stiled commonly Honkyn Manwaring in the Language of those times died 35 H. 6. 1456. Lib. B. page 21. E. Buried at Over Peover in the Stone Chappel on the South-side of the Church Which Chappel Margery his Wife surviveing erected with the two Monuments therein for her self and husband Anno Dom. 1456. For albeit it be very true that the said Randle Mainwaring did marry Margery the Daughter of Hugh Venables Baron of Kinderton and Widow of Richard Bulkeley of Chedle in Cheshire yet the said Margery did not survive the said Randle and after his death Erect the said Chappel and Monuments therein For although on the Eighth day of August in the Year of our Lord God One thousand six hundred and forty the Pictures of the said Randle Mainwaring and Margery were tricked out by a very good hand as they were then remaining in a Glass Window of the said Chappel Kneeling with this Inscription viz. Orate pro animabus Ranulphi Maynwaryng Margeriae Vxoris ejus qui istam Capellam Anno Dom. Mcccclvj ............ And although the Year when the said Chappel was built is still to be seen in the said Window yet that doth not prove that the said Margery survived her Husband Randle and erected the said Chappel and Monuments For the word qui cannot possibly relate to Margery alone but doth as I conceive in the true meaning thereof relate onely to the said Randle For it appears by an Inquisition taken after the Death of the said Margery that the said Margery held in Dower at the time of her Death Ex dotatione Richardi Bulkeley quondam viri sui the third part of the Moity of the Mannor of Chedle as also Five Messuages in Middlewich One Messuage and Sixty Acres of Land and Wood in Newton near Middlewich Ten Acres of Land in Ashley and Hale Eight Acres of Land in Occleston Six Messuages and Two hundred Acres of Land Meadow and Wood in Whatcroft Six Messuages and One hundred and twenty Acres of Land Meadow and Wood in Holme juxta Davenport the Moity of the Scite of one Water-Mill and Four Acres of Wood in Little Stanthorne and the Moity of the Mannor of Timperley And it is also found by the said Inquisition that William de Bulkeley was the next Heir of the said Margery Now this Inquisition being taken in the Twenty seventh year of King Henry the Sixth and the said Randle Mainwaring together with his Three Sons Sir John William and Randle for the said John was Knighted in the life time of his Father being all Three mentioned as then living in a Deed of mine dated the Saturday next after the Feast of Saint Hillary in the Thirtieth year of King Henry the Sixth and I having also in my custody another Deed dated the Sunday next before the Feast of Corpus Christi in the said Thirtieth year of the said King made betwixt the said Randle Mainwaring the Elder and Sir John Mainwaring Knight his Son on the one party and John of Ashley of the other party concerning a Marriage to be had betwixt Hamnet Son and Heir Apparent of the said John Ashley and Margaret Daughter of the said Sir John Mainwaring which Deed is also mentioned by you Page 334. It is from hence very clear that the said Margery did not survive her said Husband Randle Mainwaring and erect the said Chappel and Monuments therein after the said Randles death There is also omitted by you in your Historical Antiquities Agnes the Daughter of John Mainwaring of Over Peover Esquire who was Sister to Sir John Mainwaring and Wife of Sir Robert Nedham Knight And of this Match there is very good Proof which you have been informed of I having by me the Pictures of the said Sir Robert and Dame Agnes as they were