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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

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

why you call this Gift of Earl Hughs as you do in two several places A Release of the Service of one Knight's Fee Your third and last Reason I conceive hath no weight at all For those Historians and others which you speak of there do not take upon them to give an account of all the Children of Hugh Cyveliok but onely to tell who were the Heirs of Randle Blundevill and of this you are so sensible That you confess this Argument not to be evincing and yet it is as strong as your first Reason But I cannot but wonder when you name Mr. Cambden to be one of those that take no notice of Amicia being you well know that he hath mentioned her in his Britannia in his Description of the County of Chester and though not as a Coheir to her Brother Randle for that she was not yet without the least brand of being a Bastard Also all those Judges and Heralds of whom you have formerly heard and all other persons except your self which have seen my Deeds have from the Expressions therein been fully convinced that she must needs be Legitimate and amongst others that worthy and judicious person William Dugdale Esquire our Norroy King of Arms is of the same judgment as will appear in his Historical Discourse of the Baronage of England which will be shortly ready for the Press In which from the Authorities and Reasons there briefly cited he concludes That Bertred was a second Wife and that Amicia was a Lawful Daughter of the said Earl Hugh by aformer Wife though it be not known who that Wife was and which is worthy observation the said Mr. Dugdale hath heard you alleadge your Reasons to the contrary but did not find them such as to be satisfactory to him I hope therefore that I shall not because of my Relation to that Noble Lady be thought to be Partial or Singular herein since that it appears she stands vindicated by the Sentence of so many knowing and unconcerned persons but it will necessarily follow that you have dealt very severely with your said Grand-mother and that upon such weak Grounds as your Three Pretended Reasons which will not prove her to be a Bastard if those Arguments that were brought on her behalf were all laid aside I have now answered the Objections which you have brought against Amicia the Wife of Sir Ralph Mainwaring but before I conclude I shall acquaint you and the Reader with two Deeds the first whereof doth belong to Thomas Ravenscroft of Bretton in the County of Flint Esquire and the other to Henry Mainwaring of Kermincham in Cheshire Esquire the words whereof do here follow as they were coppied out several years since from the Originals by William Dugdale Esquire SCiant praesentes futuri quod ego Alanus de Boidele dedi quiet ' clam ' fratri meo Willielmo de Boidele haered ' suis Doccliston in feod ' dominicis cum omnibus pertin ' infra Limam Tenend ' habend ' de Domino meo Ranl ' Com' Cestr ' haered ' suis faciend ' servicium de praedict ' terr' sc De quatuor feod ' dimid ' praenominato domino meo Ranl ' Com' Cestr haered ' suis Et ego vero Alanus de Boidele haered ' mei praedict terr cum omnibus pertin ' praenominato Willielmo de Boidele haered ' suis contra omnes homines feminas cum pertin ' warantisab Et quia volo quod hec mea donatio quiet ' clam ' stabilis inconcussa rat ' permaneat praesenti scripto sigillum meum apposui His test ' Domino Ranl ' Comite Cestr ' domino Rad ' de Mainwaringhe tunc Justiciar ' Cestr ' domino Roberto de Monte alto Domino Hug ' Dispensar ' Domino Ham ' Sen ' de Mascy Domino Warino de Vernun Domino Willielmo de Venables Toma fil' Willielmi de Goulborn Petro de Bekering Rob ' tunc persona Gropenhale scriptor ' hujus scripti multis aliis SCiant omnes praesentes quam futuri quod ego Robertus dominus Moaldie senescallus Cestrie concessi praesenti Karta confirmavi domui sce ' Werburge Virginis in Cestria Monachis ibidem Deo servientibus totam Villam de Goostree plene integre cum omnibus pertin ' suis in puram perpetuam elemosynam pro salute anime niee animarum praedecessorum meorum liberam quietam solutam ab omni seculari servicio omni seculari exactione Ita quod in eadem Villa de Goostre nihil ad opus meum vel haeredum meorum retinui praeter elemosynam orationes tantam libertatem in ipsa eadem Villa praedicte domui praedictis Monachis concessi quod in posterum nullus haeredum meorum quicquid libertatis superaddere possit Et ut hec mea concessio rata inconcussa permaneat imperpetuum eam sigilli mei appositione roboravi Hiis testibus Rad ' de Menilwar ' tunc Justiciar ' Ham ' de Masci Gwar de Vern ' Rad ' fil' Sim ' Pho ' de Orreby Sim ' de Thuschet ' Rog ' de Menilwar ' Willielmo de Venables Toma Dispensatore Rob ' fil' Picot ' Petro Clerico Com' Ricardo de Vern ' Rob ' de Menilwar ' Brito Paulum Patr ' de Moberl ' Liulf ' de Twamlow Peers de Surtm ' Ran ' de Praers ' Ricardo de Kingsl ' Jo ' de sancta Maria multis aliis I shall also desire you to take notice of what you your self have observed in your Historical Antiquities pag. 160. how that Earl Randle de Gernoniis as doth appear by the Charter there mentioned did give the Office of Constable of Cheshire in Fee to Eustace Baron of Halton and his Heirs and did constitute the said Eustace to use the words of the said Charter Haereditarie Constabularium supremum conciliarium post me super omnes optimates Barones totius terrae meae As also Pag. 161. how the Baron de Montealto or Moald being Dapifer Seneschal or Steward of Cheshire in Fee had the second place which is also confirmed by several Deeds mentioned by you Pag. 129. 130. 139. 144. and 162. In all which the Constable and Steward are named before the Justice of Chester and all the other Barons which being so it will be difficult to give a Reason if Amicia was but a Base Daughter why Sir Ralph Mainwaring in the Deed abovesaid of Alan de Boidele is named as a Witness next to the Earl of Chester and before Sir Robert de Monte alto or Moald Steward of Cheshire and so many of the other Barons as also in a Deed mentioned in your Book Pag. 139. why the said Ralph Mainwaring is named next to the Countess of Chester and before Roger Constable of Cheshire as also why in a Deed in the 143 Page of your Book the said Ralph Mainwaring is again named next to the said Countess and

the Elder my Grandfather by the Mother for if he ought of right to Quarter that Coat then must he be descended from a Coheir to the Earl of Chester but that he was not for the Coheirs of Earl Hugh as you see before were married to Four of the greatest Peers of the Kingdom the Earl of Huntington the Earl of Arundel the Earl of Derby and the Earl of Winchester 's Son and Heir who lived not to be Earl Neither was Mainwaring then an equal Competitor to have Married a Coheir to the Earl of Chester and it is plain Ex Placitis 18 Hen. 3. Rot. 14. in the Tower of London where the Coheirs implead John the Scot Earl of Chester for their part there is no mention of Amice claiming any part or any from or under her in the Record Besides all Antient Authors of those times as Polychronicon Matthew Paris Knighton Stow and others would not have omitted her amongst the rest which they have set down had she been a Coheir which also she must needs have been had she been Legitimate for Hugh Cyveliok never had any other Wife but Bertred and she survived him And though Amice in the Deed before mentioned is stiled Filia Hugonis Comitis without the Addition or Note of Bastard it was very usual in those elder ages so to do The like we find of Geva Base Daughter of Hugh Lupus and several others V. Concerning this Bertred the Wife of Hugh Cyveliok I cannot omit the Falsities and Absurdities of some Authors as Powel on the Welsh History p. 295. and Ferne in his Lacy's Nobility p. 53. Both of them calling this Bertred by the name of Beatrix and saying she was the Daughter of Richard Lucy Cheif Justice of England a most gross falsity I am very certain that Hugh Cyvelioks Wife was not Daughter of Lucy nor ever called Beatrix in any old Deed or Record though I find by good authority that there was a Woman called Beatrix Lucy but never Wife of Earl Hugh The Death of Hugh Cyveliok Obiit 1181. THis Hugh Earl of Chester died at Leek in Staffordshire and was buried at Chester Anno Dom. 1181. 27 Hen. 2. Hoveden Pag. 615. With whom Westminster Polychronicon and Cambden inter Comites Cestriae do all agree He was Earl of Chester Twenty eight years and gave the Church of Bettesford to the Prior and Canons of Trentham after the death of William Barba who at the time of this Grant possessed the same a Copy of which Deed I received from Sir Simon Dews Baronet Now because I find that some are displeased at my placing of Amice sometime the Wife of Ralph Mainwaring Judge of Chester among the Base Issue of Hugh Cyveliok Earl of Chester and also that I am informed that three eminent Judges and four Heralds are of opinion That she was Legitimate and not a Base Daughter of Earl Hugh It is very necessary that I put down here my Reasons why I have so placed her protesting withal that I have not done it out of any prejudicate opinion or calumny intended in the least but onely for the truths sake according to the best of my judgment and that after a long and diligent scrutiny made herein for I must ever acknowledge my self to be extracted out of the Loyns of this Amice by my own Mother but you know the old saying of Aristotle Amicus Plato Amicus Socrates Sed magis amica veritas Neither were Bastards in those elder Ages of such disrepute as now in our days Memini me alicubi legisse saith Spelman in his Glossary on the word Bastardus Priscos septentrionales Populos etiam spurios admisisse in successionem and where he farther tells us that King William the Conqueror began his Letter to Alan Earl of Little Britain as he did many other more in these words Ego Willielmus cognomento Bastardus Of which Title it seems he was not ashamed otherwise he would never have used it himself And therefore the Question being no more then this Whether Amice was a Base Daughter or no I will first answer those Reasons which seem to be the chief ground of those worthy Persons abovesaid who think Amice was no Bastard and then in order set down my own Reasons why I conceive her to be a Bastard submitting my self wholly to the judgment of all Learned Persons herein The Reasons that She was no Bastard FIrst Our Common Law alloweth not that any Lands can pass in libero Maritagio with a Bastard Daughter Coke upon Littl. fol. 21. b. And therefore Amice having Land given with her in libero Maritagio by the Deed it must be presumed that she was no Bastard Answ To which I answer That it is true the Law is so taken at this day with us but that the Law was so taken in the elder ages of Henry the Second when Hugh Cyveliok lived and upwards I very much doubt and if we mark well this Grant it is the Grant of Earl Hugh to Ralph Mainwaring with Amice his Daughter in Frank-marriage of the Service of Gilbert Son of Roger to wit the Service of three Knights Fees by doing the Service of two Knights Fees to the said Earl and his Heirs which is rather a Release of the Service of one Knights Fee then the Grant of any Land But to pass by this I say That the Common Law in sundry things is altered at this day from what it was in former Ages long after Henry the Second Coke upon Littl. fol. 34. Sect. 39. Coke ibid. fol. 3. a. fol. 8. a. At the bottome of the Page and on the other side b at the bottome Fol. 26. b. Sect. 29. and infinite other particulars may be cited And that in this particular also of passing Land in libero Maritagio with Bastards the Law seems clearly to be altered herein since the Reign of Henry the Second For the common practise I take to be the Common Law and I shall give you here one Precedent made about the Raign of King Stephen and doubtless many others might be mustered up from those elder ages if any curious person would take pains to search old Deeds and Records which Deed I received from Sir Simon Dewes transcribed out of a Manuscript in Arundel House in London belonging antiently to the Barons of Stafford wherein the old Charts belonging to the Bassets of Drayton-Bassets in Staffordshire where inrolled about Richards the Second's time Ibid. fol. 67. a. Ranulfus Comes Cestriae Willielmo Constabulario Roberto Dapifero omnibus Baronibus suis hominibus Francis Anglicis totius Angliae salutem Sciatis me dedisse concessisse Gevae Ridell Filiae Comitis Hughes Draytunam cum pertinentiis in libero conjugio sicuti Comes Hughes ei in libero conjugio dedit concessit Et teneat bene in pace honorifice libere ut melius liberiûs tenuit tempore Hugonis Comitis aliorum meorum antecessorum eisdem consuetudinibus