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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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there be any occasion to alter the Common Law or to take it otherways in this particular then they did formerly because since there were Estates in Tail there could be no great occasion to make Gifts in Free-marriages and therefore my Lord Coke says in his First Part of Institutes fol. 178. b. That such Gifts are almost grown out of use and serve now principally for Moot Cases and Questions in the Law that thereupon were wont to arise Neither is there any weight in what you say That it seems to you that in those elder Ages Bastards were reputed of the Blood by the frequent appellation of them by the names of Uncle Brother Daughter Son and Cosin for by the same Reason you should repute them of the Blood now this Age being as civil to them in their expressions as any former Age could possibly be And for the Precedent you give me wherein you say Lands were given in libero maritagio with a Bastard I conceive it will not hold Because it doth not certainly appear that Geva was a Bastard for in all the Records that you cite she is called Earl Hugh's Daughter and in one of them she calls Randle Earl of Chester her Cosin which makes it probable that she was Legitimate especially since I do not find by any Deed Record or Author whatsoever that she is at any time called a Bastard As for your saying That it is plain out of Ordericus p. 787. that Geva was a Bastard because speaking of Hugh Lupus his death he adds these words Richardus autem pulcherrimus puer quem solum ex Ementrude Filia Hugonis de Claromonte genuit I am not satisfied but he might as well mean that he was the onely Son which Earl Hugh had by Ementrude as that he was the onely Child that he had by her For there is no necessity to take the word Solum adverbially neither is it marked as an Adverb in Ordericus his Book though it be so in yours and yet in his Book Adverbs are usually marked And though that Ordericus if his meaning were so might have worded it more clearly yet he many times expresseth himself worse then he doth here and particularly Pag. 871. And though he tells us Pag. 522. that E pellicibus plurimam sobolem utriusque sexus genuit yet he doth not say that Geva was one of them Neither is there any force in what you alledge that probably if Hugh Lupus had any more Legitimate Children by his Wife besides Earl Richard either Son or Daughter that Ordericus would have Recorded them as well as others being indeed his usual method through the whole course of his History For he could have no Legitimate Son but Earl Richard unless he had another Wife besides Ementrude Ordericus being express therein and possibly for some Reasons he might have another Wife besides Ementrude But whether Geva was by a First or second Wife I know no necessity to conclude that Ordericus should Record her I finding no such usual method of his as this which you speak of For he doth not that I see make it his business to Record what Wives or Children the Earls of Chester and other great Men had but onely speaks of them occasionally and so he also doth of some of their Illegitimate Children but if he made it his design to give an exact account of these things he ought to reckon Geva either amongst the lawful doubtful or illegitimate Children of Hugh Lupus And as to your Objection That if Geva had been Legitimate her Issue ought rather to have succeeded into the Earldom of Chester then Randle de Meschines after the death of Richard Earl of Chester That doth not at all follow because it is possible the Earldom of Chester at that time as most times Earldoms anciently were might be Entailed on the Heirs-males onely and then the Male Line being extinct why might not the King confer it as well upon Randle de Meschines who was a near Kinsman as upon a stranger Which later course is also usual at this day And it is very probable that the Earldom was Entailed on the Heirs-males onely for James York in his Vnion of Honor p. 105. says That this Randle was made Earl by Grant of King Henry the First and if so it came not to him by Descent So that all which you here object is fully answered But if it had been so that the Earldom had been to Descend to the Heirs General if Geva was Daughter of Hugh Lupus by another Wife besides Ementrude then the Earldom of Chester would have Descended from Earl Richard to Randle Meschines by his Mother being Aunt of the whole Blood to Richard and not to his Sister Geva or her Issue they being but of the Half Blood to him And whereas you desire me to shew you a Precedent where-ever the Heirs of an Aunt inherited before the Heirs of a Sister both legally born and no Heirs-male left unless in Case of Forfeiture by Treason or some other great cause to hinder the same I shall now shew you where an Honor in such a Case came to the Heirs of the younger Sister and not to the Heirs of the elder Sister which is full as much as if it were done in the Case of a Sister and an Aunt If you peruse the Magazin of Honor Collected by Mr. Bird and inlarged by Sir John Doderidge One of His Majesties Justices of the Kings Bench pag. 96. you will there find That whereas Radulfe Lord Cromwel being a Baron by Writ died without Issue having Two Sisters and Coheirs Elizabeth the Eldest married to Sir Thomas Nevil and Joan the Younger married to Sir Hunt Bourcher He who had married the Younger Sister was called to the Parliament as Lord Cromwel and not the said Sir Tho. Nevil who had married the Elder Sister so that you see no convincing Argument can be brought from the enjoyment of the Earldom by Randle de Meschines however the Case prove to be I do therefore still conceive That it is very clear that Lands or Services never were in any Age passed In libero Maritagio with a Bastard or with any one that was not of the Blood but onely for Term of Life and that with Livery and Seisin and consequently all persons to whom such Deeds or Grants were made unless for life only are certainly to be concluded Legitimate and if you will bring a Convincing Precedent to the contrary do not produce a Record or Deed of Lands or Services given with one that you suppose to be a Bastard or not of the Blood but first clearly prove That the party was certainly a Bastard or not of the Blood by some Deed Record or Ancient History and shew Lands or Services so given with her and then there will be some strength in such a Precedent But what will you say If this Deed which you alledge to be made to Geva will not at all concern Amicia if Geva were a Bastard 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
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. 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