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lord_n	daughter_n	robert_n	son_n	10,223	5	5.2469	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

carefully tricked out the Tenth day of August in the year of our Lord One thousand six hundred and forty from a Glass Window in Holmes Chappel in Cheshire where they were then Kneeling with the Coats of Arms of Nedham and Mainwaring empaled betwixt them and Three Sons Kneeling behind the said Sir Robert and Two Daughters Kneeling behind the said Dame Agnes together with this Inscription Orate pro bono Statu Roberti Nedam Militis Agnetis Vxoris ejus pro animabus Thomae Johannis Roberti filiorum pro bono statu Matildae Johannae filiarum ejus Roberti fieri in Anno Domini Mcccccxliiij Also in the Chancel of the Parish Church of Adderley in the County of Salop being the usual Burial place of the Nedhams of Shenton in the said County which Family of Nedham is now honored with the Title of Viscount Kilmorey of the Kingdom of Ireland there do yet remain the Monuments of the said Sir Robert and Dame Agnes there being on a Blowish Marble Stone the Pictures of the said Sir Robert Nedham and Dame Agnes and Seven Sons and Two Daughters as also an Inscription all of them of Brass which Inscription is as followeth HEre lieth Buried under this Stone the Bodes of Syr Robart Nedeham Knight and Dame Agnes his Wyffe Daughter of Iohn Maynwaring of Pever Esquyer which sayd Robart deceassed the iiii daye of Iune An. Domini 1556. And the said Agnes deceassed the ii daye of Maye Anno Domini 1560. FINIS Books Printed for and sold By Samuel Lowndes at his Shop over against Exeter House in the Strand DE Jure Uniformitatis Ecclesiasticae or Three Books of the Rights belonging to an Uniformity in Churches In which things the Laws of Nature and Nations and of the Divine Law concerning the Ecclesiastical State with the Civil are unfolded By Richard Davis Chaplain to His Grace the Duke of Buckingham in Fol. The true Prophecies of Michael Nostradamus Physitian to Henry the Second Francis the Second and Charles the Nineth Kings of France and one of the best Astronomers that ever were A work full of curiosity and learning Translated by Theo. de Garencieres Doctor of Physick London Folio Aerius Redivivus Or the History of the Presbyterians containing the Beginnings Progress and Successes of that active Sect. Their oppositions to Monarchical and Episcopal Government their Innovations in the Church and their Imbroilments of the Kingdoms and Estates of Christendom in the pursuit of their designs from the year 1536. to the year 1647. By Peter Heylyn D. D. And Chaplain to Charles the First and Second Monarchs of Great Britain The Compleat Horsman and Expert Farrier in Two Books 1. Shewing the manner of breeding good Horses with their choice Nature Riding and Dieting as well for Running as Hunting as also directing the Groom and Keeper his true Office 2. Directing the most exact and approved manner how to know and cure all Diseases in Horses A work containing the Secrets and best skill belonging either to Farrier or Hors-Leach the Cures placed Alphabetically with hundreds of Medicines never before Imprinted by any Author In Quarto The Famous Conclave wherein Clement the Eight was elected Pope with the Intrigues and Cunning Devices of that Ecclesiastical Assembly in Quarto A Familiar Discourse between George a true hearted English Gentleman and Hans a Dutch Merchant concerning the present Affairs of England in Quarto A Short and Strange Relation of some part of the Life of Taffaletta The Great Conqueror and Emperor of Barbary in Quarto Paul Festeau's French Grammar being the newest and exactest Method now extant for the attaining to the Purity of the French Tongue Augmented and inriched with several choice and new Dialogues in Octavo 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Or a View of all Religions in the World with the several Church Governments from the Creation to these times also a discovery of all known Heresies in all ages and places and choice observations and reflections throughout the whole World Enlarged and Perfected by Alexander Ross in Octavo Of Credulity and Incredulity in things Divino and Spiritual among other things a true and faithful Account is given of the Platonick Philosophy as it hath reference to Christianity As also the business of Witches and Witchcraft fully argued and disputed by Merick Causabon Doctor in Divinity and one of the Prebends of Christ Church in Canterbury in Octavo Cicero against Cataline In four Invective Orations concerning the whole manner of discovering that notorious Conspiracy in Octavo Sermon Preche Devant le Roy a Whitehal Par le Docteur Tillotson Doyen de Canterbury In Octavo The Sinners Tears in Meditations and Prayers By Tho. Fettiplace Dom. Pet. Cantab. In Twelves The Gentile Sinner or England 's Brave Gentleman Charactered In a Letter to a Friend as he is and as he should be By Clement Ellis M. A. Fellow of Qu. Col. Oxon. Private Devotions digested into Six Letanies 1. Confession 2. Deprecation 3. Supplication 4. Thanksgiving 5. Intercession 6. For the Sick With Directions and Prayers for the Lords day Sacrament Day of Death and Judgment and two daily Prayers for Morning and Evening Twenty fours FINIS

several places as also Glanvile Cheif Justice of England who lived in the same time that Amicia did and you also alledge that you have found a Precedent where Lands were given by the Father in Free Marriage with his Base Daughter To what you urge out of my Lord Coke I do thus say That I do conceive the Common Law where not altered by Parliament is the same at this day that it was formerly and therefore my Lord Coke on Littleton telling us Pag. 115. b. that it is a Maxim of the Law That whatsoever was at the Common Law and is not ousted or taken away by any Statute remaineth still I might thence argue That if it had ever been at the Common Law that a Man might have given Lands or Services In libero Maritagio with a Bastard or one that is not of the Blood that it would be lawful to do so still because that part of the Law is not ousted or taken away by any Statute but a Man cannot do so now And therefore the Common Law never was that a Man might give Lands or Services with a Bastard in Free Marriage or to one that was not of the Blood So that those places which you have cited do not prove That the Common Law at this day doth vary from what it was in former ages in any particular but onely that it was taken to be otherwise in those days and it is but just like some Cases in our Reports which have at several times been adjudged directly contrary to each other but notwithstanding that the Law was still the same But that I may come as near you as I can I shall acknowledge that though the Common Law was ever the same where not altered by Parliament yet in former Ages they did in some particulars take the Law to be otherwise then they now do and if you could prove that they did so in this Case of Free Marriage it would take off much of the strength of this Argument because that Antient Deeds and Grants according to what my Lord Coke on Littleton says fol. 8. b. at the bottom are to be expounded as the Law was taken to be at the time of the Grant But this is so far from making against my opinion that I think it doth add very much strength thereto for if it had been taken in former Ages that Lands might have been given in Free Marriage with a Bastard or one not of the Blood it certainly would sometime or other have been so observed by some of the Sages of the Law for where the Law hath been taken in one Age after one manner and in another age after another manner it is so remarkable that it could not pass unobserved by all As to what you alleage out of Glanvil who says Quilibet liber homo quandam partem terrae suae cum Filia sua vel cum aliqua alia qualibet muliere dare potest in Maritagium I do conceive it is the same thing in Law and shall be so intended as if it had been expresly said With any Woman of his Kinred and that for these Reasons First Because though such kind of Expressions seem to be Universal and without any exception at all yet they shall not be so largely taken but shall be expounded so as may agree with the Laws of that Kingdom or Nation to which they particularly do relate and for this I shall give you an example out of Scripture it self In the Fourteenth Chapter of Deuteronomy and the Twenty sixth Verse there was a Liberty given to the Jews in some Cases and at some of their Feasts to eat whatsoever their Soul lusted after and whatsoever their Soul desired And yet this was not to be expounded universally of all Meats whatsoever in case they desired the same but must be meant onely of such Meats as were legally clean and allowed them to eat by their Law And thus when we also say That any Man that hath Money enough may buy Lands when he pleaseth it shall not be understood of any Man whatsoever For a Traytor or a Jew or one that is convicted of Felony or an Alien cannot purchase Land in England but it shall be understood of one that is by Law enabled so to do And so in like manner the words Cum alia qualibet muliere must be understood onely of such a Woman as is capable of such a gift which a Woman that is a Bastard or not of the Blood or a Jew or an Alien c. is not For in these kind of Gifts as Mr. Bracton tells you Lib. 2. cap. 11. the Land so given is Liberum tenementum uxoris non viri cum non habeat nisi custodiam cum uxore Secondly Because I do conceive that Glanvil hath immediately contradicted himself unless by these words Cum aliqua alia qualibet muliere he understands a Woman that is of the Blood of the Donor For he tells us in the same Chapter and the very next words to those that you cite That none can give Lands in remunerationem servitii sui to hold good after the death of the Donor unless there be Seisin in the life time of the Donor which is untrue If a Man having a mind so to reward his Servants can give Lands with his Woman-servant to a stranger or with his Woman-servant to his Man-servant in Free Marriage For where Lands are given In libero Maritagio according to Law there needs no Seisin and where they are given contrary to the Law viz. to one not of the Blood of the Donor Seisin doth onely make it an Estate for Life as my Lord Coke says in his Institutes Part 1. pag. 21. b. So that it seems clear Glanvil by the words Cum aliqua alia qualibet muliere understands one of the Blood of the Donor as well as I hope hereafter to prove that Bracton doth by the words Cum aliqua muliere Thirdly Because that though Glanvil lib. 7. cap. 1. says A Man may give part of his Heritage to his Bastard and that also Bracton in his Second Book and beginning of his Seventh Chapter tells us That Lands may be given Bastardo in Maritagium cum aliqua muliere yet neither of them hath one word at all to prove That Lands may be given to a Man cum Bastarda whereas in this Case of Frank-marriage the party with whom the Land is given not the party to whom the Land is given is the principal thing that is considerable herein Fourthly Because my Lord Coke in the First Part of his Institutes fol. 21. b. tells us That if the King give Land to a Man with a Woman of his Kinred in Frank-marriage and the Woman dieth without Issue the Man in the Kings Case shall not hold it for his life because the Woman was the cause of the Gift but it is otherwise in the Case of a common Person And to prove this in the Margent he cites 9 H. 3. Dower 202. Whereas if

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