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REMAINS 



HISTORICAL & LITERARY 



CONNECTED WITH THE PALATINE COUNTIES OF 



LANCASTER AND CHESTER. 



PUBLISHED BY 



THE CHETHAM SOCIETY. 

/ 






VOL. LXXXVII. 



PRINTED FOR THE CHETHAM SOCIETY. 

M.DCCC.LXXIII. 



271055 




COUNCIL fOH 1871-73. 



WILLIAM BEAMONT. Ew; 

THE VEKV REV GEORGE HULL BOWERS, DD, I>i' 

Rl< HARD COPLEV CHRISTIE, Esq., M A.. Cii^ihcbiloi 



REV THOMAS C 

W A HULTON, Esq 

THOMAS JUNES. Eig . BA. FSA 

WILLIAM LANGTON, Esq 

COLWNEL EGERTON LEIGH 

REV JOHN HOWARD MARSDEN, B.D., F.B G 

REV. JAMES RAINE. M.A,. Okoh or Yo.k. 

ARTHUR H HEVWOOD, Et« , TRi««<m>i 

R HENRY WOOD, Esq.. FS.A., Hon Snrimr.K 




ANNALS 



OF 



THE LORDS 



OF 



ARRINGTON 

FOR THE FIRST FIVE CENTURIES 
AFTER THE CONQUEST. 

^TH HISTORICAL NOTICES OF THE PLACE AND 

NEIGHBOURHOOD. 



BY 

WILLIAM BEAMONT, Esq. 

/ 



" Where by the Mersey's willow mar:gent peers 
Walintun's forded town and manor seat. 
Whose £auie there row*d to sainted Elfin's name, 
Of yore aspires beside the forted motmd 
At head of its throns'd hamlet's antique street, 
Fronting the pass which Thelwall's watch defends. 
Or from its vicinage, where Bewsey's isle 
Its moated hall by reige of bowery woods 
Lifts over Dallam's meads." 

\Alfred^ a poem, by John Fitchett, esq. B. 44.) 



Part II. 



iM 



PRINTED FOR THE CHETHAM SOCIETY. 

M.DCCCLXXII. 



C- 



Lords of IVarringtof. 



263 



CHAPTER XVIII. 



I M ar 



SIR JOHN FITZ SIR JOHN LE BOTELER. 
THIRTEENTH BARON. 

JOHN BOTELER, afterwards sir John Boteler, the son and heir 
of sir John and dame Isabella, appears from his mother's 
inquisition post mortem to have been born on the 12th 
March 1429. 

On or about the iSth August 22 Henry VI. (1444), when he 
about IS years of age, he appears to have married Margaret 
llie daughter of Peter Gerrard esquire of Kingsley and Brynn in 
Cheshire, who, as he had purchased his wardship, bestowed him 
in marriage on his own daughter without consulting his inclina- 
tions. A deed of the above date relating to lands in Crophill- 
Boteler is expressly said to be made ad requisitionem Johannu 
Boteler jilii el lusredis Joftaiinis Boteler milUis. By another 
deed of the same date Thomas Haryngton esquire, son of sir 
William Haryngton the surviving trustee of tlie Boteler estates, 
granted to Peter Gerrard esquire, William Massey of Rixton 
esquire, and Tliomas Massey and Gilbert Halsall clerks, the 
manor of Crophill-Boteler and all other hereditaments which sir 
William Haryngton and his co-feoffecs had received by the 
gifts of sir John Boteler deceased. To this deed sir William de 
Plumpton, William the clerk of Gedlyng, Thomas de Musters 
and others are witnesses. (Lord Lilford's Deeds.) Thomas de 
Haryngton, who was aftenvards knighted, is the same person 
who at a later period is mentioned with so much honour for his 
services at Crotoy and in other parts of France. {Rot. Par., vol. v. 



• • • 



264 yAntials of i/ie [Chap. XVIII 

• • • - 

p. 191.) He is the-^flft'e person also who was joined with sir Tho- 
mas Stanley in-a ^"nimission to muster and array the Lancashire 
and Cheshire -jnen for war. {Acts of t/te Privy Council, vol. vi. 
PP- 9S> l3liV""He afterwards joined the earl of Salisbury in his 
rising, and with the earl's two sons was taken prisoner at Blore, 
ancf'»)vas sent from thence to Chester castle. His end at last 
.•was 'Sad, for in the battle at Wakefield, where both he and his 
•'. .* . son were engaged, his son fell in the field, and he himself having 
..' been mortally wounded died the next day. {Hist, Richmoftds., 
vol. ii. p. 250.) 

An assessment made upon the Lancashire towns in 25 Henry 
VL (1448), which seems to have been submitted to commis- 
sioners to moderate it before its final adoption, may serve to 
give us some idea of the comparative consequence of these 
towns at that time. By this assessment, which is as follows, 
Lancaster appears to have been the most and Warrington then 
the least considerable place in the county : 

The Wigan assessment of 4/. o was reduced to i/. 10 o 
Liverpool „ 30 „ o 13 4 

Warrington „ 30 „ o 10 o 

Manchester „ 37 „ o 13 4 

Preston „ 3 10 „ 150 

Lancaster „ 40 „ i 17 o 

Sir John Boteler had received the honour of knighthood before 
the 2nd July 26 Henry VL (1448), for in a deed made and dated 
at Bewsey on that day he is styled knight. By this deed sir Tho- 
mas Haryngton, Thomas Dutton, Hamon le Mascy of Rixton 
esquires, Thomas Mascy parson of Warrington, Richard Mascy, 
John Holcrofte and Thomas Pemberton esquires, appointed Ha- 
mon Naylor to be their attorney to receive from sir John seisin of 
all his lands which by his charter he had that day granted them. 
(Dodsworth's MSS) In this charter there occurs the word 
"defendebo" (/ will defend) y which has about it a fine smack 
of canine Latinity. {Bold Deeds.) 

During sir John Boteler s minority his lands had probably suf- 



■ XVIIJ.] 



Lords of Warrbiglo) 



265 



fered from waste and neglect, to repair which on the 2nd August 
26 Henry VI. (144S) the king granted him 100/. in money which 
had been forfeited to his majesty by the bail {manucaptores) of 
Peter Ardern. who had failed to produce him before the duke of 
Suffolk and sir Thomas Stanley, the king's justices at Chester, 
at the court next before the feast of Holy Trinity 25 Henry 
VI. (1447}. The grant is expressly stated to be made towards 
the building and repairing of sir John's messuages, lands and 
tenements, {Cheshire Recognisance Rolls.) 

Meanwhile the fever of abduction of women had not only not 
died out but had reached the height of an epidemic in the year 
1437. On the 4th December in that year writs were issued to the 
sheriffs of London and of twenty-four English counties, setting 
forth that the king had been informed of the gathering of " great 
routs and divers conventicles of misgoverned men, by whom 
divers and great robberies, rapes of women, burnings of houses, 
manslaughter, and many other great riots and inconveniences 
had been committed, the which assemblies chiefly consisted of 
such persons as would not labour for their sustenance, but 
rather desired to live in idleness, and go well arrayed and fare 
delicately, withouten they have any possessions wherewith to 
maintain such estate as they show." For suppressing which 
disturbances copies of the statute of Winchester were furnished 
to the sheriffs, and they were enjoined to see its provisions strictly 
carried out. {Privy Council Proceedings, vol. xxvi,) But ill 
manners proved too inveterate to be eradicated by a, royal 
proclamation and an obsolete statute ; and, notwithstanding 
both, outrages such as that which lady Botclcr had suffered from 
still continued to be perpetrated in defiance of the laws. In 
1439 dame Margaret Malefaut was forcibly carried off and com- 
pelled by threats to marry Lewis Leyson. {Arc/ueol. Cambrmsis, 
J852, pp. 210, 211.) 

In 31 Henry VI. (1452) Edward Lancaster gentleman, at the 
head of a band of forty per.sons. feloniously entered the house of 
dame Joaa Beaumont, widow of sir Henry Beaumont in Glamor- 



266 Annals of the [Chap. xvni. 

ganshire. Lancaster, placing her on horseback behind one of 
his men and making her fast to him with a towel, brought her to 
a church where there was a priest waiting to marry her to the 
said Edward. When the priest would have had her say the 
words of matrimony she refused to say them, and said she was 
contracted to Charles Nowell esquire, and was therefore his wife. 
But the priest said that for fear of his life he durst do no 
other than marry her to Lancaster, and so she was by coercion 
wedded to him ; and like lady Malefaut and lady Boteler she 
prayed for a remedy against her wronger. {Pari RoUsy voL v. 
pp. 14, 269.) The measure which the mild king adopted to pre- 
vent this great evil proved ineffectual, and until the helm of 
state was grasped by the firm hand of Henry VIL, who in his 
third year obtained an act of parliament to prevent it and to 
visit such offenders with condign punishment, it continued to 
prevail. 

On the 23rd September 26 Henry VI. (1447) sir John Boteler 
sent Robert Whitelawe to Eccleshale to receive holy orders, 
when, as the register expresses it, he was ordained a priest ad 
titulum Joliannis Boteler militis et baronis de Weryngton ; on the 
l8th May 26 Henry VI. (1448) on the same title Henry Herd- 
man was ordained a subdeacon ; and on the 26th September and 
26th December following he was ordained successively a deacon 
and a priest at Lichfield. {Lichfield Register) These l<Mig jour- 
neys, which the clergy from this neighbourhood were forced to 
take for holy orders at all seasons of the year, made large de- 
mands on their time and resources in that age. 

Sir John seems to have been fond of having the clergy about 
him, for on the 26th December 1447 he sent Richard Sefton 
to Lichfield to be ordained deacon on his title ; and on the 8th 
March 1448 Sefton became a priest on the same title. {Ibid) 
But perhaps sir John who was now so soon to attain his majority 
was only providing himself with the three chaplains, which the 
law then allowed a baron to retain. These chaplaincies were 
sought to enable the clerk to have a dispensation to hold more 
livings than one. 



b. XVIII.] Lords of Watrlngton. 267 

The next year (3S Henry VI. 1449), though not of age, sir 
John was elected a knight of the shire for the county of Lancas- 
ter, then almost a province, having for his colleague sir Thomas 
Stanley of Lathom, who on the 20th January 34 Henry VI. 
(1456) was summoned to the upper house as the first baron 
Stanley. (Hist. Lati., vol. 1. p. 315.) It ivas in pursuance of an 
act passed in this reign that a freehold of forty shillings first 
entitled a man to vote for knights of the shire. Sir John Boteler 
however did not long wear his parliamentary honours: he retired 
on the new election in the next year, and sir Thomas Harj'ngton 
was chosen in his place. Sir John probably took Scfton his 
chaplain with him to London. At all events his presence in par- 
liament enabled him to do himself justice ; for in one of the 
acts of resumption passed that year, which were frequent in 
those unsettled times, to enable the crown to reclaim grants 
which had been improvidently made, sir John procured an ex- 
emption to be inserted in it in his favour, that it "should not be 
prejudicial to or of any grant made unto him by the king, of view 
of frank-pledge to be holden within his manor of Beausee, and in 
the towns of Weryngton, Sonky and Burtonwoode, as parcels of 
the same manoyr, which the king had granted to him upon 
ccrteyn precedents allowed in ayer to his aunceters of longe 
tyme paste," (Hist. Lan., vol. iii. p. 656.) 

The house of Bewsey having considerable possessions in the 
Fylde country had long stood in the relation of friends and pa- 
trons to the neighbouring cell at Lytham, a dependency of the 
great Benedictine priory of Durham. The Botelers indeed might 
almost be called the second founders of the cell, since William 
fitz Almeric le Boteler had released to its inmates all his lands 
in Lytham and the pasture of Kellermergh as early as the year 
1268 {Hist. Lan., vol. iv. p. 411), and his descendants had ever 
since continued to show them acts of kindness and friendship. 
This early and long-continued relationship between the Botelers 
and the cell, the prior and convent of Durham did not forget. 
They were grateful to the house of Bewsey and were willing to 



268 



A mtais of the 



show their gratitude, not by returning their gift of houses and 
land or other temporal possessions in kind, but by granting them 
such spiritual privileges as they had to give, which in that 
age of vicarious religion were very highly valued. Accordingly in 
the year 1450 sir John Boteler knight and dame Margaret his wife 
received from them letters of fraternity, in which their kindness 
to the cell at Lytham being acknowledged, they were declared 
members of the priory and convent of Durham, admitted of their 
fraternity, and made partakers of the benefit of all their masses, 
prayers, fastings, watchings and labours, and assured on paper, 
that for them after death the same masses and prayers should be 
offered and said as for any other members of the order. {Dur- 
ham Obituary Roll, p. in, Surtees soc.) These letters of fra- 
ternity were very expansive in that age. Sometimes they were 
made to a single person ; at another time, as in sir John Bote- 
ler's case, they included a husband and his wife ; at other times 
they were made to a husband and wife and all their children by 
name; and in the case of William de Plessetis, his executors 
actually procured for him such letters of fraternity after his 
death. (Madox's Formulare Anglic, p. 314.) There was almost 
always added at the end of them a form of absolution in terms 
which must be called daring if not absolutely profane. In sir 
John Boteler's day these contrivances, which were accounted a 
sort of amulet, found great favour. 

Sir John Boteler's prudence, for which he is entitled to be 
commended, was shown in several ways. He lived in an age 
when there was great faith in letters of this sort, an age when 
the followers of St. Francis boasted that he had received 



"a grant from heaven or 
Tliat whoso wore his cord should i 



high 



and the Carmelites proclaimed that their founder St. Simon 
Stock had received from the Virgin herself a scapular, with the 
express assurance that whoever died in it should escape eternal 
condemnation ; and when almost every other religious order 



IV. xvni.] Lords of Warrington. 269 

boasted the possession of similar privileges, need we wonder 
that sir John Boteler believed in their efficacy, and so be- 
lieving enrolled himself and his wife in the brotherhood of the 
priory of Durham ? He showed his worldly prudence also in the 
care he took to choose a wife for his son and the pains he was at 
to see him married in his lifetime. In the times in which sir 
John lived all lands were held either from the king or some 
other feudal superior, and when the owner died leaving an 
infant heir, the feudal superior stepped in and claimed his ward- 
ship until he had attained the age of 21, and, if he happened to 
be unmarried at his father's death, his marriage or the right to 
marry him. This guardianship and marriage were most valuable 
perquisites, and like the ordinary subjects of property were both 
saleable and transferable to the best bidder. Margaret Paston 
in 1481 left her son William c. marks to buy so much land as 
might be had for tliat sum, or else to buy a ward to be married 
to him if any such might be had. And a few years later sir 
John Cornwall bequeathed to his son Richard the wardship of 
Margaret Lowthe, which he had bought of tlie duke of Norfolk, 
to marry her himself if they were both contented ; but if not, then 
he willed that Richard should have the wardship and marriage of 
her with all the advantages and profits belonging to it. Hence 
there arose an impatience in parents to have their heirs married 
in their lifetime, and to effect this they often entered into con- 
tracts, the provisions of which seem to us now to be very strange. 
In 1468 there was a contract that William Morris, then g years 
old, should marry Catherine Bold then aged 4, which marriage 
in due time took effect. (Ormerod's Miscel. Falatina, p. 28.) 
And sir Thomas Venables agreed that Thomas his son and heir 
should marry Elizabeth daughter of sir William Brcreton, or, in 
case of her death before the marriage, such other daughter of the 
said sir William as should be thereafter appointed ; and in case 
of the death of the said Thomas the son before the said marriage, 
then such other son as should be the heir of the said sir Thomas 
should marry the said Elizabeth or other daughter, and so on 
from son to son and daughter to daughter. 



270 Anftals of the [Chap, xviil 

In the year 1452 sir John Boteler having lost his wife Margaret 
Gcrrard, who had left him a son about 5 years old, he himself be- 
in^ then only 22, looked round for a wife for his son, and his choice 
having lighted on Anne daughter of sir John Savile, the following 
settlement was made: "This writying indented made between 
John Botiller knyght on the one p'tye and John Sayvell knygfat 
on y« other p*tye, bcres withnesse that it is aggreed, accorded 
and granted by y« saied p'tyes in y* fourme ensuyng, that is to 
Hiiy y^ y* sayd John Boteler grants to the sayd John Sayvelle 
that John sone and heyre apparent of y« same John Hotelier 
knyght, shall by the G'ce of God have & take to wyfe Anne y* 
doghter of y« said John Sayvell before y« fest of y« nativite of our 
Konl Ilui Crist next suyng y« date of this writing. And y« same 
John Hotelier knyght shall make, or els make to be made to y« 
said John his sone and Anne, before y* said fest, a laghfuU & 
Hiiflieient estate of landcs & tente) to y« yerely value of xL 
marks of all charges and reprise} in place convenable at y* 
oVsiglit of S' Thomas Ilaryngton knyght, to have & hold the 
samir lantles and teiitc} w* y« apptenance to the sayd John y« 
soni: and Anne and to y« heres of y* body of y« same John y^ 
son laghfuUy geten w^oute .... of y« said Anne, and for defaute 
of such issu y* remayncr y*ereof after theyr decesse to y« said 
John Botiller knyght and his heires, and y« same John Botiller 
knyght grauntes y^ all y« landes and tente} whereof he or any 
other i)'sone or i)'sones is possessed or seised to his use y* day of 
y« makyng of this p'scnt writing shall immediately after y« de- 
cesse of y« same John Botiller knyght descend, remayne, come, 
reverte or fall to y« said John his son and to his heires w'oute dis- 
continuance, alienacon and encombrance of acffin or charges y'of 
to be made, done or granted by y* same John Botiller knyght or 
by any other by his comawndement in tyme to come, except for 
y* performyng of y« cov*n'ntes comphended in this indentur. Also 
y« said John Botiller knyght granted y* all y« landes and tente} 
whereof any p sone or p*sones be nowe possessed or seised for 
terme of lyfe y« revsion or remaynder thereof to y« said John 



Chap. XVIII.] 



Lords of Warrington. 



271 



Botiller knyght belongyng shall immediately after y" decesse of 
such p'sone or p'sones so havyng thaym for t'mc of thayr lyfes, 
and after y" decesse of y" same John Botiller knyght decend, 
remayne or revte to y* ^'i'*' John y* sone and to his heires 
wSiute any charge y'ereof hereafter by y same John Botiller 
knyght to be made or granted. Except alway y' it be laghfull 
to y said John Botiller knyght to be bounde for hymself or for 
his frendes for y" suerte of peace, or for other causes reasonable 
so y' y" said bonds be noght made by fraude nor to th'entent to 
charge y said lands and tentej ne any p'ceil y'of ; and also ex- 
cept that y* said John Botiller knyght shall have at his libetc p'cell 
of y* said landes and teiite} to y« yerely value of c'' to dispose 
and graunte at his will, that is to say, to his wyfe or childer 
mulitr geten, if he have any wyfe in tyme to come tliereof, to y" 
value of ^.'' yerely for t'mc of thaire lyfc, and such ^vuntej as 
hit shall please hym to y* value of xx" yerely for t'me of thair 
lyfes, so that y* same landes and tentes after y* decesse of such 
wife, child or ?vant having thaym or any p'cell yerof for t'me of 
tbayr lyfes ; and after ye decesse of y" same John Botiller knyght 
remayne, r'verte or fall to y' said John y" son and to his heires. 
Except also the right and title of dower of any of y" said landes 
and tciitej which hereafter may belong or p'teyne to any wyfe 
which y* said John Botiller knyght happes to take in time to 
come, the which landes and teiite) so to be had in dower after y" 
decesse of such tenaunt in dower shall immediately descend, r'rt, 
remayne, or come discharged to y" said John y* son and to his 
heires. Also y* said John Botiller knyght grauntcs to y" said 
John Sayvell that he shall have y* rule and gov'nauncc of y« said 
John y" son and Anne, and tliaym kepe, fynde and susteyne in 
all thynges to thaym necessaries and competent) to thayre de- 
gree unto y tyme y* same John y* son come to y« age of xvij. 
yere if he lyfe to that tyme. Also y* same Jolm Sayvell shall 
have rule and govnauncc and take y* p'fettes of landes and 
tentej to y* yerely value of xx" p'cell of y* said landes and 
atej to y* yereely value of xl. marcs whereof estate shall be 





272 



A7U!als of Ihe 



made to y* said Jphn y" son and Anne in y* forme biforesayd 
fro' y* day of y espousals had bctwix y* said John >■• son aod 
Anne unto y time y* said John y" son come to y* a^e of xiitj. 
ycre, if y* same John and Anne !yf to y' time. And y* said 
John Botiller knyght shall have y* rule and govnaunce and take 
y* p'fettcs of landcs and tcnte) to y" yerely value of x. marcs 
residue!! of y* said landcs and tentc) to y" yerely value of xl. 
marcs by vij. yerc next suing y" said espousals wkiute distur- 
bance of y" said John Sayvi^ll and Anne, and th'to y* same 
John Sayvcll shall bi; bounden to y' said John Botiller knyght 
in xl". And after y* same vij. yeres y« said John Sayvell shall 
have y* rule and go9naunce of all y" said landes and teatej to 
y* yerely value of xl. marcs, and thereof take y* p'fettes unto y* 
tymc y* said John y son come to y* age of xvij. yere. if he and 
y* Maid Anne lyfe to y* same age. And y* said John Sayvell 
w* V. (tufficiant p'soncs w' hym shall be bounden to y* said John 
Ikitillcr knyght in Dec. marcs by statute m'chaunt obligacion or 
reconysancc at y" elccion of y said John Botiller knyght, w'- 
defe^iancf upon condicion y' if it happe y* said Anne to dye 
lyfyng y said John y son before y tymc y same John come 
to y age of xvij. ycre, that from then y« said John Sayvell 
•hall make y .said John y son to be delivered and restored 
to y said John Botellcr knyght, noght wedded and w*oute 
laghfull affiance to be made by y" same John y* son to take any 
other woman to wyfe by y* p'curying, makyng, counsel! or assent 
of y said John Sayvell. For y whiche marriage astate and 
inheritance to be made and hade in the forme above said, the 
said John Sayvcll shall pay to y* said John Botiller knyght y 
day of y said espousals ccc. marcs ; and also y° same John Say- 
vcll w* sufficiant p'soncs w' hym shall be bounden to y said John 
Botiller knyght in cccc, marcs by statute m'chant obligacion or 
reconysance at y elcccion of y said John Botyller knyght in y 
forme y* follows, y*' is to say, to pay w'in a yere next suyng y 
said espouscls c. marcs, and w'in another yere then next suyng 
c. marcs, and w*in another yere then next suying c. marcs, and 




A 



Chap, xviii.] Lords of Warringlon. 273 

w'in another yere the next suyng c. marcs, y" residues of y* same 
cccc. marcs. And also y' said John Botiller knyglit and suffi- 
ciant p'sones w' hym shall be boundcn to y* said John Sayvell 
in- cccl. marks by statute m'chant obligacon or reconysance, at 
y» elcccon of y" said John Sayvell, w' defesance opon condicion 
y' if it happe y" said Anne to dye w'oute issu of hir body geten 
by y* said John y* son before tyme y' she come to y" age of 
xvij. and no such issu beyng in lyfe y* tync of Jiir deth, y' then 
y" said John Botiller knyght shall pay to ysaid John Sayvell or 
to his executors cccl. marcs, w'in iij. yere next suyng y= dethe 
of y* said Anne. Also y" said John Botiller knyght and other 
sufficiant psoncs w' hym shall be bounden to y* said John Say- 
vell in ccc. marcs, by statute m'chant obligacon or reconysance 
at y" eleccon of y" said John Sayvell. w' defcsanl3 opon condi- 
cion that if y said John Sayvell make y" said John y" son at 
his pleyne age of xiiij. yere to come before y* ordinaire of y" 
Cathedrall chirch of York or his officers, jugcs in his Court 
Christian at Yorke, then y' y* said John Botiller knyght make 
y same John his son. biforc y* same ordinaire} or juges there, to 
confcsse and knowledge y" said espousels to be gode and cITec- 
tual in lagh of y* Chirch, and the same John y" son at that tyme 
to agree and assent to y same espousels or else, and no divorce 
be had in tyme to come bctwix y" said John y son and Anne 
at y suite of y same John y son, that then y same statute 
m'chant obligacon or reconysance to bevoid, and els stond in 
strengthe and vertue. Also y» said John Botiller knyght and 
other and sufficient p'sones w' hym shall be boundcn to y said 
John Sayvell in ,"'' by statute m'chant obligacon or reconysance 
at y eleccon of y same John Sayvell, w' defesance of condicon 
that if y" said John Botiller knyght make all y" said landes 
and tcBte} to desccnde, come, fall, remaync or reVte to y* said 
John y son and his heires in y man and forme as is above 
specified and rehersed, that then the same statute m'chant obli- 
gacon or reconysance of \ be void, and els stande in his 
strengthe and vertue, and that all y suertej opon y" p'tj'e of y» 



2 74 Annals of the [Chap, xviil 

said John Botiller knyght shall be made, and also y« said espou- 
sel} on y« p'tye of y* said John y* son shall be hade and in y« 
forme bifore said p'formed opon resonable request thereof made 
by y« said John Sayvell, y* said John Botiller knyght bindes 
hym by this writing to y« said John Sayvell in D^. Also y* said 
John Sayvell knyght bindes him by this wryting to y« said John 
Botiller knyght in D^ that y« same John Sayvell shall make y« 
suerte} to be made on his p'tye to y* said John Botiller knyght 
And also pay y« same John ccc marcs y« day of y« said espou- 
scl} hade in y« maner and forme as is before rehersed opon 
resonable request thereof made by y« said John Botiller knyght 
And if it happe y* any article or thynge conc'nynge thies 
p'misse} by lagh or conscience owe or be neccssarie to be cor- 
rected, amended, added or amenused, y« said p'ties agrees and 
grauntes that such thynges, necessaries, shall be correct, and 
amended, added or amenused by y« advice of y* said S' Thomas 
Harj'^ngton and such counsell as he will take to hym, after y« 
true cntcnt of y« covenante} as aforesaid, and as gode feyth and 
conscience requires. In wittnesse of which thynges the p'tyes 
above said to y* p ties of this indented \\Tytinges enterchaunge- 
ably have putt to thayr seal). Writen y« xij^ day of August 
the yore of >•• rcigne of Kyng Henry sext, after y^ conquest of 
lui^land, y^ xxx***" (1452). i^Bold DccdSy Whitaker's Ducatus 
I. cod., 312, and Dodsworth*s J/SS, 142, p. 236.) 

As the alxn'e deed contains some particulars which give us a 
curious insii^ht into a contract of marriage at that time, and as it 
is nu>!Vovcr an early specimen of English, it has been thought 
lu^sl lo j;ivo it /w rx/cnsi\ 

rho fJifftiYi\ Anne Savile, a granddaughter of Sir William 
(;,\M'oij>no tho intrepid judge who committed the prince of 
W'alos to ptison, was of a good Yorkshire family seated at 
llowUy, ;^ pUwv so ronu^tc from Bewsey that, considering the 
h\Mc oI tho n^;\l^s ami the Icvliousness of tra\*elling at that time, 
wo wou^lor how tho allianoo was brought about. But Jane, the 
iluuiluot or Nit Ihonus Haiyngton, sir John Botelers uncle and 



CHAP. XVIII,] 



Lords of Warrington. 



trustee, had married Anne Savile's brother, and it was this prob- 
ably which led to the connection. (Tonge's Visitation of Yorksh., 
p. 79, Surtees soc.) The price which sir John Savilc paid 
for the marriage was 300 marks, and he was to have the rule 
and governance of the young couple, and to take and sustain 
them until the infant bridegroom was seventeen, for which he 
was to have 20/. a year until he was seven years old, and after- 
wards 40 marks a year : the bridegroom was then not more than 
five years old. If the bride died before the bridegroom was 
seventeen, he was to be restored to his father unmarried and un- 
aRianced to any one else. The fulfilment of the contract was to 
be secured by an arrangement anything but simple, a series of 
bonds and counter bonds, which were quite in character with the 
law business of the time. 

But alas ! all this contrivance for continuing the family house 
proved of no avail. John Boteler. the child who had been thus 
espoused, died not long after without the marriage being ever 
completed, and Anne Savilc afterwards became the wife of sir 
Roger Hopton. 

Having lost one of his former chaplains, probably by death 
or promotion, sir John Boteler took steps to supply his place, 
and in the year 1452 he presented to the bishop for holy orders 
Henry de Burton, who on the 4th March was ordained a sub- 
deacon and on the 3rd June following a deacon at Lichfield, ad 
titnlum Johannis Boteler mililis. (Lichjield Register.) 

This was a year of much bustle and business in the house at 
Bcwsey. Besides contracting to marry his son, sir John, having 
purchased from sir Geoffrey Mascy of Tatton and Worsley and 
WiUiam Mascy his brother the wardship and marriage of 
Geoffrey, William's son and heir apparent, contracted to marry 
him to his own daughter Isabella. (Sir Peter Leycester's M^S., 
liber C. pp. 204*7, 306.) The contract was afterwards carried 
into effect, and there was issue of the marriage a daughter 
Joan, who married William Stanley, son and heir of tlie un- 
fiirtanate sir William Stanley who lost his head by laying his 



276 



Aftftals of tite 



[Ch; 



. XVIII. 



ungrateful monarch and master under too great a weight of 
obligation. A shield of arms, Mascy nctu and old empaling 
Boteler, still remaining on one of the Brereton tombs in Eccles 
church, commemorates this marriage. 

Soon after these double espousals of his son and daughter, 
about the Christmas following, sir John conveyed to sir Tho- 
mas and sir Richard Haryngton knights, Thomas Dutton and 
Hamon le Mascy esquires, Thomas Mascy parson of Warring- 
ton, and Richard Mascy, John de Holcroft and Thomas Pem- 
berton esquires, the whole of his manors and lands in Lancashire 
and all his manors of Exul in Warwickshire and Grafton in 
Wiltshire. This grant, which bore date ist January 1453, was 
followed by a letter from the grantees bearing date the 20th of 
the same month, by which they appointed Thomas de Westby 
and Thomas de Holcroft esquires their attorneys to receive 
from the grantor seisin of the lands on their behalf The letter 
is witnessed, amongst others, by sir Richard de Molyneux knight 
and William de Haryngton, Thomas Gerard, Richard Booth and 
Thomas Penketh esquires> 

The Christmas of that year saw the halls of Bewsey crowded 
with friends and guests assembled to keep the season and ho- 
nour the espousals of the young people. What amusements 
they would find in a country house at that time we can only 
conjecture. Outside the house there was not sufficient variety in 
the farming to interest a curious visitor. There were no model 
farms, no new implements, no prize animals or overgrown tur- 
nips to show and excite wonder ; and the only food for the 
land, which the tumbrel and the wain had to carry to the fields, 
was either marl or the produce of the farm yard and stable, 
except perhaps burnt ashes or roots, which were occasionally 
strewn on the land, and have left the name of Burntearth or 
Brandearth on so many fields. Neither guano nor artificial com- 
posts were then known. There were, however, the sports of 
hawking, hunting, fishing, and some others to draw out the visi- 
tors and tempt them to occupy their mornings abroad; then 



Chap. XVIII,] Lords of Warrington. 277 

within doors there was the fool who, in virtue of his motley 
and his cap and bells, had "as large a charter as the wind" to 
shoot his wit at whom he pleased, whilst they who most felt his 
shafts must seem not to be hurt at all. Then again there was 
tlie game of shovel-board, the predecessor of billiards, which 
Falstaff had in his mind when he bade Bardolf "quoit Pistol 
down like a shove-groat shilling." There was mumming also in 
the hall, and dancing to the music of the tabor and pipe in the 
evenings ; and if the visitors stayed long enough, there might 
chance to be the less refined amusement of a bull bait or a bear 
bait. 

Sir John seems to have been prospering in his affairs, for we 
find him at this time purchasing and adding to his estate in 
Warrington some of the lands of his neighbour Richard Patten. 
a good name still happily no stranger to the place ( Warrington 
in 1475. p. 93), and on the nth February 1456 he made another 
purchase of lands in Sankcy from William de Cartwright. {Bold 
Deeds.) 

Nearly a century before this a Boteler of Bewsey, induced it 
is expressly said only caritatis intuitu, had been mainly instru- 
mental in building a bridge over the river Mersey at Warrington 
{Rymer's Firdera, vol. iii. p. 740, 741}; and ever since it had been 
. the desire of his descendants to maintain and keep up this useful 
means of communication with Cheshire and the South. John 
Boteler, the gallant soldier who had fought at Agincourt, thought 
of it when he was dying, and when he made his will on the 22nd 
February 1420, only a short time before his death, he left the 
sum of 20 marks expressly ad reparationcm pontis de Weryngton. 
(See the will in the Lambeth Registry.) The like zeal for the 
same object lingered with the Botelers still, and again broke out 
into act on the 16th January 1453, when the pope's legate, Wil- 
liam Booth archbishop of York and a native of this neighbour- 
hood, Robert bishop of Durham, and William bishop of Car- 
lisle, at the instance, we believe, of sir John Boteler. who had 
xently strengthened his influence at the northern metropolis 



Annah of the [chap. xviii, 

by espousing his son to the daughter of a great Yorkshire house. 
issued their letters granting to all Christian people, as well of the 
province of York as of every diocese whose bishop should allow 
and approve of those letters, who, truly and contritely confessing 
and repenting of their sins, should out of the goods which God 
had given them, graciously contribute, bequeath, or assign some 
part of them, or in any other manner extend a helping hand 
towards the great and costly work of building and erecting anew 
at Weryngton, in the diocese of Lichfield and Coventry, the 
bridge over the great and rapid water which was comntonly called 
The Merce, which flows in a swift course to and from the sea, 
and which, both for the inhabitants and strangers who had occa- 
sion to travel that way, was troublesome and dangerous to cross. 
(York Reg. of Archbp. Booth, 15;*.) Had not similar letters 
been obtained from Canterbury this indulgence would have 
been incomplete, but the influence of archbishop Booth and sir 
John Boteler availed to procure such letters from the arch- 
bishop of Canterbury, which are believed to be in the registry of 
that province. These letters of indulgence, in order to obtain 
money for a public purpose by the Church's authority, were the 
forerunner of the now obsolete means of raising money by Church 
briefs. Both these modes differ from a modern subscription list 
which answers the same purpose. The subscription list has more 
vanity in it, but the indulgence has a more mercenary look. We 
do not know what the proceeds of the indulgence in money and 
services from the faithful amounted to towards building the 
bridge, but the new structure would bear witness to the result. 
If the contributions were large, the bridge witli its hermit's 
chape! which stood upon it would be finished in its entirety ; but 
if otherwise, all that was ornamental would be discarded, and 
some part of the work would be scanted or omitted. The abut- 
ments and piers would probably be of stone, and the rest of the 
work would be of wood, while, as is the case of all our old 
idges, the roadway over it would be narrow. The bridge 
ood nearly if not quite on the site of the present one, and the 



Chap, xviii.] Lords of Warrington. 279 

street by which it was approaclied, and which had been paved ever 
since the paving charter was obtained in 5 Edward II., was called 
" New street." { Warringloii in 1465, pref. p. li, Chetham 50c.) At 
the tinje of which we are speaking this street, then far narrower 
than its successor the present Bridge street, which is still narrow 
enough, was lined with wood and timber houses having over- 
hanging roofs and upper storeys impending over the lower, as if 
the two sides of the street meant to salute one another. With 
these projections above and below, the houses seemed shaking 
hands below and knocking noses above. The shops in the street 
had open fronts without glass and projecting penthouses over 
head, which gave occasion to Massinger to complain that streets 
so built were as dark as a room in Bedlam. Rows of these 
quaint old houses must have given to New street in sir John's 
time an appearance far more picturesque than our street archi- 
tecture of the present day can boast of. The traveller who has 
ever visited the French city of Lisicux may form some idea 
of it, for there he may still see a whole street of black and white 
framed houses, no two of which are alike, with quaint projecting 
gables, overhanging roofs and storeys, hip knobs for antefixcs, 
and fronts with grotesque carvings, — a sight to gladden an anti- 
quary, give scope to the pencil of an artist like Prout, or fire 
the imagination of another " Dr. Syntax in search of the Pic- 
turesque," 

It was a peculiarity of the times in which sir John Boteler 
lived that nearly all the lands in England were then placed in 
trust, and that very few of the acred landholders held estates 
in their own names. The advantage of this was twofold : first, 
it admitted of greater flexibility in subjecting the lands to the 
varying circumstances of a family settlement and to the disposal 
of the lands by will ; and secondly, it afforded the advantage of 
exempting them from forfeiture in some of the many casualties 
which were common in that age of strife. One of these sad oc- 
casions (the war of York and Lancaster) was now in its birth- 
throes, and, we are told, sir Thomas Haryngton, the Boteler trus- 



tee, feeling the danger, and prudently " remembryng hyinselfe 
of the greto wcrres of lus time, and not knowing how God would 
dispose thame, by th' advice of many of his kinsmen and frcndes 
made a fcffment at his castle at Hornby of all his landes to Wil- 
liam Booth the archbishop of York, Ihon th'erle of Shrewsbury. 
Ihon lord Clifford and divers others, to th' intent that for the 
same lords war myghty and in consorte with y" contrari p'tie they 
should be faire meaynes, if God fortuned y" feld in >* sayde 
wcrres to goo agcyne that p'tie that y^ sayd sir Thomas was opon, 
and yf y* lawe happened to procede as well ageyn hym as oder 
and he be attaynted, shode safe hys landes unforfeted." (Whita- 
ker's Hist. Richmonds., vol. ii. p. 261.) 

For the same reason sir John Boteler, as we have seen, had 
occasion to call upon a number of his friends to act as his trustees. 
which shows the respect and esteem in which he was held, and 
he in return was called upon to do the same ofiice for his friends 
and neighbours. In this way wc find him on the 20th May 
33 Henry VI. (1454) associated with William Haryngton and 
Nicholas Millington esquires, as the trustees of sir William 
Assheton for his estates in Croston and Maudcsley. {Trafford 
Deeds ; Lancashire Chantries, vol. ii. p. 173, Chetham soc.) The 
Haryngtons, either for good or evil, seem to have been at this 
time the Boteler guiding star. The marriage of sir John's son 
with Ann Savile had been their work, and sir John himself being 
now a widower, sir Thomas Haryngton his uncle and trustee 
took upon himself to find him a wife out of a family connected 
with his own. Sir William Haryngton had been the friend, 
fellow-soldier and trustee of John seventh lord Clifford, and in 
the house of Dacre, to whom the Cliffords were alUed, he sought 
and found an eligible match for sir Thomas his son. (Collins" 
Peerage, vol. vi. p. 517; Whitaker's Hist. Riehmonds., vol. ii, 
p. 250; Dodsworth's MSS) And now sir Thomas in his turn 
found a second wife for his nephew sir John Boteler in the per- 
son of Isabella the daughter of Thomas lord Dacre of Gillcsland. 
This alliance however, whicli took place about the year 1454, 



le year 1454^ n 



■. XVIII.] 



Lords of Warrington. 



was but of short continuance. It could never have been happy, 
and was soon after rudely put aside by a divorce. On the 24th 
November 1458, iu pursuance of a matrimonial suit at Lichfield, 
the marriage of sir John Boteler and " Isabella Dacars" of the 
parish of Weryngton was set aside and declared void, " by reason 
of a former marriage which Isabella per verba de prssenti had 
contracted in the month of May 1453 with Thomas late lord 
CUfford." {Lichfield Register) There is however some difficulty 
in reconciling this record without supposing that there was a 
mistake in the names. Thomas lord Clifford, who fell in the 
first battle of St. Albans, on the 22nd May 1455, in all the family 
pedigrees is stated to have married Joanna Dacre the daughter 
of Thomas lord Dacre of Gillesland ; and we can hardly doubt 
that this was so, seeing that the contract for it bearing date 
1st August 2 Henry V. (1414) and all the circumstances of it are 
given with such minuteness as to impart to it an appearance of 
authority. (Whitaker's IUst, Craven, p. 246.) Yet the record 
calls the wife of Thomas late lord Clifford not Joanna but Isa- 
bella. In old records the Christian names of the parties, and 
especially those of women, were often confounded. Isabella is 
frequently Elizabeth and vice versd ; but the only probable 
solution of the matter here is. either that Thomas lord Clifford 
having wooed and won Isabella, had faithlessly transferred his 
affections to and aftcnvards married her sister Joanna, or that 
the historian has miscalled the true Christian name of his wife. 
In any case the record gives us a rare instance of a marriage set 
aside for a precontract after the death of the precontracting hus- 
band. If Joanna and Isabella were not really the same person, 
we can only account for the heirs of Joan succeeding to the Clif- 
ford estates by the application of a well known rule of law, that 
the issue of a marriage de facto cannot be bastardized after the 
death of either parent The faithless Thomas Clifford on his 
mother's side was the grandson of Hotspur, whose impassioned 
admiration of honour our great bard has immortalised : 



Annah of (he (Ch 

" By heaven ! methinks it were an easy leap 
To pluck bright honour from the pale-faced moon. 
Or dive into the bollora of ihe deep 
Where fathom line coulil never touch the ground 
And pluck tip drowned honour by the locks. 
So he that doth redeem her thence might wear, 
Without corrival, all her dignities." 



I 



On tlie 14th March 37 Henry VI. (1459) a fine was levied at 
Lancaster, in which sir John Bolder knight, Thomas Dutton and 
Nicholas Byron esquires, and John Perte chaplain recovered 
against Isabel late the wife of John Dacre knight the manor of 
Laton and twenty-four messuages, seven hundred and twelve 
acres of land, thirty-five acres of meadow, six acres of wood, and 
one thousand acres of turbary in Burtonwood. {Lancaster Re- 
cords.) These lands were certainly a part of the Boteler estate, 
but who Isabella Dacre was or what connection she had with 
them does not appear, unless her late husband, on sir John Bo- 
teler's marriage with the now divorced Isabella, had become his 
trustee, and by his death she had become his representative. 

That worst of all wars, a civil war, had now fairly broken out 
between the houses of York and Lancaster; the first battle had 
been fought at St. Albans, It had not as yet however, in our 
northern parts, .suppressed all the "shews of peace;" for on 
Monday next after the Invention of the Holy Cross in 37 Henry 
VI. (gtli April 1459), in the mayoralty of Robert Houghton, the 
great gathering or festival of Preston guild took place, and sir 
John Boteler, as his father had done on the eve of the battle of 
Agincourt forty-four years before, attended and had his name 
duly cnteVed on the roll amongst the foreign burgesses. (Guild 
Rolls) Neither foreign nor domestic war can wholly quench the 
natural desire for amusement ; nay, at such times such an evil 
seems to give a greater taste and zest for it. 

On the i6th August 37 Henry VI. (1459), possibly in conse- 
quence of the recent dissolution of his marriage, sir John Boteler 




A 



desired to change the trustees of his estates ; and thereupon the 
old trustees, sir James Pykcryng, sir William Plumpton, sir John 
Seymour knights, and John Haryngton and John Botcler of Ec- 
cleshall esquires, conveyed the manor of Laton and the Boteler 
lands in Burtonwood to Thomas Pylkyngton, Nicholas Biron, 
Wiltiam Balderston, Thomas Dulton, Peter de Werburton and 
John Dawne esquires, and John Perte chaplain, the new trustees, 
{Bold Deeds.) 

The war of the Roses however was now drawing Lancashire 
into its vortex. Towards the end of August 1459 nearly four 
thousand men were assembled at the earl of Salisbury's castle at 
Middleham in Yorkshire, ready to march southwards under his 
leading, to overawe the king and assert the rightful claim of tlie 
house of York to the throne. Even in its enlarged dimensions 
the castle of the Nevilles could not, for a few days only, conve- 
niently house and accommodate so large a host ; but our ances- 
tors were a hardy race, and the great body of these men were 
probably content to sleep on rushes or straw spread about the 
hall and the outbuildings. This daring force setting out on its 
march advanced through Craven to Manchester, where their 
numbers being swelled by the addition of one thousand men from 
the duke of York's Yorkshire estates, they passed by way of 
Congleton and Newcastle-under-Lyne to the neighbourhood of 
Market-Drayton, where they arrived on the evening of the 22nd 
September. Salisbury's movements, tliough sudden and secret, 
had not yet been so secret as to prevent his finding an opposing 
force prepared to meet and resist him. Lord Audley, who had 
hastily mustered the flower of Cheshire, was waiting at Blore to 
stay his further passage ; and on the nest day Sunday, the feast 
of St. Tccla. there was fought the battle of Blore, in which, by an 
act of strat^y which according to Hume was unique in that age. 
Salisbury was victorious, and Audley and about two thousand 
Jjjur hundred of his host were left dead on the field. Sir Thomas 
ryngton the uncle and trustee of sir John Boteler, who, as 
fgfathave been expected from what has been already mentioned. 



284 Annals of the [Chap. xviil 

had ranged himself under the banner of Salisbury, was taken 
in the battle and sent prisoner to Chester castle. The strife was 
so deadly that the poet tells us it confounded the ties of blood 
and kindred, and the nearest relations fought on opposite sides : 

" There Button Button kills, a Bone doth kill a Bone ; 
A Booth a Booth, and Leigh by Leigh is overthrown ; 
A Venables against a Venables doth stand ; 
A Troutbeck fighteth with a Troutbeck hand to hand ; 
There Molineux doth make a Molineux to die, 
And ICgerton the strength of Egerton doth try." 

(Bray ton's Polyolbion^ song xxii.) 

On the assembling of parliament shortly afterwards, attainders 
were exhibited against William Stanley, a kinsman of sir John 
Botclcr, and Robert Bould his near neighbour ; and if the king 
had not prevented it lord Stanley, who had hovered about the 
battle without joining either party, would have been impeached. 
Sir John Botclcr was not a retainer of the Stanleys, and if 
he was at the battle he was most probably there on the loyal 
side to support the monarch on the throne. But to sir John 
Botclcr the battle was fraught with important domestic conse- 
quences. 

Amongst those whom the poet enumerates as having fallen at 
Blore was sir William Troutbeck of Dunham-on-the-Hill, a mem- 
ber of a Cheshire knightly family, whose inquisition post mortem 
informs us that he died on Sunday next before the feast of St. 
Michael the archangel 38 Henry VI., that is on St. Tecla's day, 
23rd September 1459. {C/iesk. Inquisitions) Sir William, who was 
born on the 20th July 1435 and was only in his twenty-fifth year 
when he died, affords another instance of the early age at which 
young people were then united, for he had married Margaret 
the eldest daughter of Thomas first lord Stanley, by whom he had 
a son of his own name, born on the 2nd August 1449, who was 
consequently 10 years old at his father's death. Sir John Boteler 
and sir William Troutbeck, both of them young men, the former 



Chap, xvni.] Lords of Watrington. 285 

being a few years the elder, had stood fighting together on the 
same side at Blorc, where sir John very possibly was cased in 
the armour worn by his ancestor at Harfleur. Their families 
were intimate, dame Margaret, late the wife and now the widow 
of sir William, being sir John's own cousin. Of the danger to 
which young widows without a protector, especially if they were 
rich, were exposed in those unquiet times, the story of her 
mother-in-law dame Isabella Boteler affords a striking instance. 
When his fellow-soldier fell at his side sir John Botclcr, we may 
well supjjose, would compassionate his near relative the widow 
in her bereavement, and his compassion was succeeded by a 
warmer feeling ; and very shortly aftenvards, as we find by this 
entry which bears date 23rd January 1459, secundum computa- 
thnem cccksiai Anglicans (that is 1460), she had agreed to give 
her hand to sir John Botclcr as her second husband, and a dis- 
pensation then issued for a marriage between Bits JoHes BotcU-r 
miles £t Dha Margareta niiper uxor DUi Willi' Troutbcck in tertio 
et tcrtio gradu. (Lichfield Register) The relationship between 
the knight and the lady to which the words tertio et tertio refer, 
and which means merely that they were own cousins, was made 
out as follows: they were both descended from sir Nicholas 
Haryngton, sir John being his grandson through his mother and 
dame Margaret being his granddaughter through his daughter, 
who had married the second sir John Stanley of Lathom. 

But some explanation why it was necessary for the Church so 
specially to intervene on the marriage between two own cousins 
of equal rank who had agreed to unite their destinies, seems to 
be needed here. A Spanish proverb has it that truth stands on 
two legs, but a lie only on one ; and we have a saying that a 
fallacy has not a leg to stand on. Somehow or other, however, 
we arc continually meeting facts which stagger our faith in these 
wise old saws, for, as we often see, the Spaniard's lie on one leg 
stands for a time as firmly as dame Partlct on her's, while 
many a fallacy Hoats about society as safely as the story of 
e birds of Paradise which, having been deprived of their legs, 





286 



Annals of (lie 



ICH. 

3 have had a 



p. XVll 




are supposed from that circumstance never to have had any, but 
to have been always floating in the air. All error being spu- 
rious, falsehood in some shape or other must be one of its 
parents ; yet there arc some errors which carry their heads high, 
and in their ubiquity and longevity seem almost to defy truth 
itself. One of these very long-lived errors is the saying that first 
cousins may, but second cousins may not, lawfully marry with 
each other. In a late number of Notes aiid Queries, a corres- 
pondent asked whether a marriage with a second cousin u-as 
illegal, and their issue illegitimate ; while, as he said, a marriage 
between two first cousins would have been legal and the issue 
legitimate. Several answers to the enquiry were given, one of 
which asserted tliat a marriage Either with a first or second 
cousin was legal ; and another, while admitting that a marriage 
between two persons who were either first or second cousins to 
one another was good, denied that any first cousin might marry 
his or \i(ix first cousin oiicc removed, and gave as his reason for it 
that such a marriage would be like a marriage bctu'cen uncle and 
niece or aunt and nephew, which would be decidedly illegal We 
have seen that sir John Boteler and his third wife dame Marga- 
ret were own cousins ; let us see, therefore, how the law then 
stood and how it stands now as to this matter. In England 
there are two modes of computing the degrees in which any two . 
persons are related — one by the canon law, and the other by 
the Roman or civil law. The canon law begins at the common 
ancestor and reckons downwards, and in whatever degree the 
two persons, or the most remote of them, is distant from the 
common ancestor, that is the degree in which they are related to 
each other. Thus, Titius and his brotlier are related in the first 
degree, for from the father to each of them is counted only one 
degree. Titius and his nephew are related in the second degree 
for the nephew is two degrees removed from the common ances- 
tor, namely his own grandfather, the father of Titius. The civil 
law, on the other hand, reckons upward from cither of the per- 
sons related to the common ancestor, and then downward:) agaia , 



J 



f. xvin,] Lords of Warritigton. 



287 



to the other, reckoning a degree for each person, both ascending 
and descending; so that, according to this computation, Titius 
and his nephew who, as we have seen, by the canon law are re- 
lated to each other in the second degree, in the civil law are only 
related in the third degree. The matter in short stands thus: 
the civil law takes the sum of the degrees in both lines, the canon 
law takes only the number of degrees in the longest line. Hence, 
when the canon law, which was in force here until the Reforma- 
tion, prohibited all marriages between persons related to each 
other in the seventh degree, this prohibited all marriages within 
the fourteenth degree of the civil law. But as our law at present 
only prohibits all marriages between collaterals who are related 
to each otlier within the fourth degree, all who are in the fourth 
or any higher degree are permitted by it to marry. First cousins 
are in the fourth degree, and therefore they may marry, and 
nephew and great aunt or niece and great uncle are also in the 
fourth degree, and may intermarry ; and though a man may not 
many his grandmother, it is certainly true that he may marry 
her sister. (Blackstone's Commentaries!) At a time when all 
marri^es were regulated by the canon law, second cousins by its 
mode of reckoning were more nearly related than first cousins 
are by the civil law ; and it was probable some traditional re- 
membrance of this state of things gave rise to the popular fallacy 
that though first cousins may, second cousins may not intermarry. 
Selden long ago noticed this error in his Table Talk, and gave a 
similar explanation of its origin ; but error, if it have no legs, 
has heads like the hydra, and no sooner is one head slain than 
anotlier springs up in its place. 

On the 8tli March 1460 Richard Kellermergh was ordained a 
deacon and William Herdcmon a priest at Lichfield, upon sir 
John Boteler's recommendation and patronage. The names 
Kellermergh and Herdmon are both found in the Boteler rent 
rolls, and his tenants were of the class from which they came. 
{Lichfield Register) 

^llermei^h is a name derived from one of the Bolder estates, 



288 



Annals of the 



[CH 



\ XVUl. 



and Herdmon's name — a good one for a pastor — came from his 
family's occupation. 

On or about the 12th April 1460 the marriage sanctioned by 
the foregoing dispensation of the Church was duly solemnized, 
most probably at Chester, and dame Margaret Trautbcck then 
became sir John Boteler's third wife, Herdmon and Kellermergh 
the new-made priest and deacon being probably present and as- 
sisting at it ; and on the same date certain estates in Laton and 
Burtonwood were settled on sir John and lady Margaret, with 
remainder to his heirs. {Inq.p. m.) 

In the year 1450 sir John Boteler had procured for himself 
and his then wife letters of fraternity from the priory at Durham; 
but he had now another wife of the same Christian name as the 
first, and in the year 1460, very shortly after his last marriage, 
and probably in the September of that year, he obtained from 
the same house fresh letters of fraternity for himself and dame 
Margaret his wife. (Durham Obituary Roll, p. ill. Surtces soc.) 
The form of prayer offered up in the house for Uiose who were 
thus admitted to this fraternity during their lives, which is worth 
translating, is as follows : 

" O God, who through the grace of the Holy Spirit dost pour 
into the hearts of the faithful the gift of charity, grant unto Thy 
servants and handmaids, our brethren and sisters, for whom we 
entreat Thy mercy, health of mind and body, that they may 
perfectly love Thee, and with all their heart perform those things 
which are pleasing to Thee, through Christ our Lord," After 
death this form was of course varied. {Hist. Birch Chapel, p. 21S, 
Chetham soc, and Fosbrokc's Brit Alonachism, p. 173.) 

This was a busy year for sir John. He had scarcely obtained 
his new letters of fraternity from the parent house at Durham, 
when a dispute arose in the dependant cell of Lytham, of which 
he was seneschal. One of the fitz-Rogcrs had founded the cell 
between the years 1 189 and 1 199 (Ormerod's Miscellanea Pala- 
titia, p. lii), and the Botelers, who had possessions near, had 
been its benefactors and in a way its second founders. Sir John's 




■. xvm.] 



Lords of Warrington. 



= S9 



deputy as seneschal of the cell at this time was one William 
Singleton, who, at the instigation of WiUiam Easby a discon- 
tented monk, and a priest, sir Harry Billington, who was pro- 
bably the parish priest, seems to have misconducted himself; and 
this led to a correspondence which shall be given at length. 

The cell at Lythom, a dependency of the priory at Durham- 
was supplied with its inmates from the parent house, and the 
monks, being from time to time called home to Durham, thus 
saw in turn both sides of the kingdom, the east and the west, 
and doubtless found the change agreeably diversify the monotony 
of their cloister life. Like the other monks, the prior of the cell 
was originally removable at the will of his superior, but in the 
year 1443 pope Eugenius, by a bull which the king aftenvards 
confirmed, made the head of the house of Lythom so far inde- 
pendent of his brother at Durham as to be irremovable except 
for cause. {Hist. Lati., vol. iv. p. 410.) The head of the house 
at Durham at this time was prior John Burnby, a man of some 
note and of a strong will. He had been professor of divinity 
and warden of Durham college in Oxford, and twice or oftener 
he had represented his priory in the general or provincial councils 
of the Benedictines. In the year 1456, after a sharply contested 
election, ratlier a novel thing in that age, Burnby had been 
elected prior of Durham, and on that occasion the prior and 
Easby, his now refractory monk, had voted on the same side. 
Easby having voted against Burnby, and the latter having voted 
against himself. Prior Burnby was still in office when the dis- 
pute respecting Easby and the rest arose. {Durham Obituary 
Roll, vol. xiii, p. 97, Surtces soc.) The prior's letters show him 
to be a man who knew the value of order, and would enforce it 
in the houses under his rule regardless of any offence it might 
give. His first letter addressed to sir John Botcler is as follows : 
"To the Right Reverent Sire Jon Butlere. 

"Right Reverent Sire: I commende me to you, and for so 
mych as I am enformcd y' there hath been now late straunge 

wie in our celle at Lethom such as I never hard of in no place 





390 



Anttals of the 



[Ch^ 



belonging to us, by William Syngilton agcyns niyn honesty and 
lyght and a^eyns y« ease and welle of y" place throgh't stirryng 
of our brothere of myn callyd William Easby beying there and 
oon Sir Hary Byllyngton, prest of the same place, therefor by 
y* advyce of my brethr'n and councell I have ordeyned and fully 
determined to revoce my said brothere home to cure monastery, 
and the said William Syngilton and Sir Henry preste utterly to 
be dischar^ett of any rewle or intercsse in that place or owght 
that belongeth thcrto wherein I pray you that yhc wyll se that 
this my will be noth letted in no wyse. And also that ourc said 
place be nott ourechai^ett othrewise yan was wountt ne hurt in 
no maner of ryghttis ne libertis pcrtenyng therto, y* I have no 
cause to complcyn to highere estates. And our Lord Ihu pre- 
serve you fro' adversities. Writyn at Duresmc the xix. day of 
Octobre 1460. 

Your owne brothere 

Jon Priour of Duresme." 
(Durham Rfgisler, vol. iv. p. 137.) 

Upon this letter Easby was recalled to his monastery at Dur- 
ham, and Singleton, who was a country gentleman and could not 
be so disposed of. was deprived of his office ; while sir Harry 
Billington, who was probably Patrick's successor as the parish 
priest at Lythom, held his place for life. {Hist. Lan., vol. ii. 
p. 505, Harland's ed.) The first letter was therefore very shortly 
followed by another, which gives us a further insight into Single- 
ton's conduct. The letter, in which the word ragnian (the name 
of a particular kind of roll) occurs, is as follows : 

"Right worshipfuU S' : I recommende me unto you. And 
for as much as William Syngilton hath written to me now of 
late, and made a ragman to be send for certayn gcntilmen of y" 
country, accusing y" Priour of Lythom of diuerse and grete de- 
faultes, and ouer that he hath garrid oyer men in grete iiombre 
to be sworne after him for y' accusacion of dan John his brothir, 
as it affereth, in diverse articles sende unto me, the which as I 
undistonde procedith only of grete malice and noght of good zele, 



Chap. XVIII.] 



Lords of Warrington. 



391 



but utterly to have yaim discharged, in biymisshing of his con- 
aciens and distayvcnyng {sic) of worshipp, for aftir as he hath rule 
yar undir you afor tyme, it were his part for to support yaim in 
right, and to resiste y« grete maHce of all othir y* woldc yaim 
any hurt, wharfor this mater by your good discrecion afibctu- 
ously considered, I pray you hertfully, for weic of the said place, 
to see for a remedy and to put him in silence ; and also y' it 
might like you diligently for to enquire of yair conversacion, and 
to certifye me by writyng agayn, after consciens, lyke as ye 
fynde, so y' I may by y* good avyse of my counsaill order a 
remedy and make a reformacyon, yf nede be, as my full trist is 
in you. And Almighty God haue in his blissid kepyng. Writen 
at Duresme ye xiij. day of Novembre [1460]. 

Jon Y^ Priour of Duresme. 

To the right worshipful S' and my full 

hertfully welbeloved frend s' John Butiler knight." 

But the disease which had broken out in the cell was so 
virulent that a strong hand was required to quell it ; and in this 
emergency the prior could think of no better man to whom to 
have recourse for help than sir Thomas Haryngton, sir John 
Botcler's uncle and trustee, whose house at Hornby was at no 
great distance from Lythom, and his aid was accordingly in- 
voked. Sir Thomas had but recently escaped impeachment 
and imprisonment, or perhaps still worse consequences, for the 
part he had taken at Blore. And to this the prior touchingly 
alludes in his next letter; but, alas! his congratulations and his 
prayers, as we shall shortly see. were alike vain. Sir Thomas 
was an infatuated Yorkist, for which party another host was now 
secretly mustering in which he had determined to take part. 
The prior's letter to him is as follows : 

" Right worshipful S' : I rccommende me onto you. Thank- 
yng God that yc are past the trouble y* ye wer in, and praiyng 
God for your good prosperite, beschyng you to be a good mais- 
tre and frende onto my brethren at Lethum, and for asmuch as 
^r hath ben straunge rule ther of late, untendir and unright- 





292 



Annals of ilie 



[Chap. XVUI. 



full demeanaunceby Wiliyam Syngiltoti y' S' John Butiler made 
his deputy ondir him in the stywerdis ofiRce, as y* Priour yer can 
enforme you more plainly, therfor I bcsche you to lete y* Priour 
and his felaws come to your presence at a leysir, and here yaim, 
councell yaim and comforth yaim, and when ye knaw y* case 
how it is, that I may be councelid by your wisdome how y' I 
might ordeyne a remedy in tyme to come. And God have 
you in his blissid kepying. Written at Duresme uppon Saynt 
Andrew day [30th November 1460]. 

John y« Priour of Duresme. 

To y" worshipfull s. 

S' Thomas Haryngton knight" 

Are we to apply to the prior the old rule of noscitur a sociis 
and infer from his great intimacy with sir Thomas Haryngton 
the Yorkist that he had him.self the same proclivities.' His prayers 
for sir Thomas's "good prosperite" proved unavailing. The 
times were troublous. The civil war was at fever height, and 
there were fought no less than three great and bloody battles in 
little more tlian a year. Hardly a month after the prior's letter 
to him, sir Thomas again drew his sword in the cause of the 
duke of York, and he and his son fighting for it, on the 31st 
December, perished with their princely leader in the bloody bat- 
tle at Wakefield, His hope of aid from sir Thomas being thus 
taken away the prior had recourse to the celebrated sir William 
Stanley, at that time also a Yorkist, whom he appointed to be 
his seneschal at Lythom in sir John Boteler's place, and he there- 
upon sent the latter the following supersedeas from his office : 

"Richt worshipfull S': I recommende me to you. Please it 
you to will that, for certain causes moveyng me, and at y" stir- 
ryng of diverse of my good Lordis that hath so advised me, I 
have chargid S' Will. Stanley with y= stywerdshipp of Lethum, 
and sith it is so I must nedis discharge you of y" same office, 
warefore I besche you, as you were chargid in y^ same office by 
my myssive lettre withoute any oyer autentice or patent lettres, 
so ye will take this my myssive lettre as a sufficient discharge, 





Chap. XVIII.] 



Lords of Warrington. 



293 



ia the whilk 1 discharge you of the said office for cause abov 
rchersed. And God have you in his blissid kcpyng. Writen at 
Durcrme ye sext day of Septembre [1461]. 

John v Prior of Dureme. 
To y" worshipfull Sir John Butiler knight." 

After this letter, although in the letters of fraternity to him 
and his lady from the priory of Durham the value of liis services 
had been so recently acknowledged, sir John's connection with 
Lythom ceased. 

The rectory of Mobberley, a living belonging to the Trout- 
becks, having fallen vacant, sir John and lady Boteler on the ist 
June 1460 presented Hamon Lcyccster to be the new rector. 
{Lichfield Register^ vol. xii. p. 99,) 

By letters patent of the 8tli January 2 Edward IV. (1463) the 
king granted to sir John and lady Boteler the wardship and 
keeping of William son and heir of sir William Troutbeck knight, 
with the marriage of the same son, the keeping of all his ma- 
nors, lands, tenements, rents, reversions, services, advowsons of 
churches, and other inheritances, possessions and commodities, 
with their appurtenances, wheresoever they were within the realm 
of England, as well within the county of Chester as in other 
places. {Rot. Par., vol. v. p. 530 ; Itiq. p. >n. Chesh. Records.) 

The Troutbeck possessions were not wholly confined to Che- 
shire, as appears by another inquisition post mortem taken at 
Watford ; for sir William held the manor of Oxeye-Richard in 
Hertfordshire, and he also held lands in Shropshire and other 
places. It was perhaps the scattered nature of the estates which 
rendered the letters patent necessary ; and either because these 
had not then been obtained, or because sir William had a bro- 
ther John in holy orders who perhaps expected the living of 
Mobberiey, or for some other unknown reason, the presentation 
was for a while disputed ; but Hamon Leycester at last obtained 
the living, and died rector in 1492. 

Amongst the possessions of sir William Troutbeck was the 
jstody of the garden and orchard of Chester castle, which he 




2(jf4 Atinals of ike (Chaf. xvm. 

heU by the strzngc service of supplyrttg the eari's table with 
Uii\c frfjtn it, from ^fichaelmas to Lait, in return for which he 
fCfAzWcd 4/ If/, 3//, yc2Lx\y, or jrf. a day, from the chamberiain. 
{//hi. C/us/t., vol ii. p. 27,; According to the record the custody 
r;f tlu: cattle ditch included a certaing resting tre and the residue 
<;f all the apples post pr imam escutionem arborum, 2l custom not 
very unlike that to which Isaiah alludes, as "the gleaning g^pes 
when the vintage is done/' As guardians of sir William s heir 
Hir John and lady Botclcr undertook and performed this garden 
HtirvUu: the first year after sir William's death. (C/us/t. Records^ 

Hut tliry had not acquired the Troutbeck wardship to allow it 
to remain idle or unproductive, and it soon produced a different 
crop from that of the kale garden, a plentiful crop of marriages. 
William the eldest son and heir of sir William by Margaret, late 
hi.H wife and now the wife of sir John Boteler, at the age of 11 
wa« urtianced to Jane the daughter of sir John by Margaret 
(loranl his first wife ; while Adam a younger son of sir William 
lUAuiod MiU^jurct. sir John Boteler*s daughter; and his eldest 
?*urvivinfj son and hoir apparent William, bom 25th November 
I45v\ was alVuuuvil to sir William's daughter Jane. 

Sir J\^hn was now 33 years of age, and, happy in his new alli- 
<^u\\\ hv^ hvliovcil that in thus marrj-ing his children he had 
jMvAuU^I tor their happiness, which he might himself live to 
>v\\ whilo ho ha\l at the s>uno time strengthened the foundations 
\M' hi< au\ NM\t hvn^sv\ Uvit, alas ! 

iXf^^"^^ ^"^ v^<V^\ the ucvAixst t\> US whcH \ix think it the farthest 

\V ^S.^ ,v<i^ Fv^AVATV .* KvUxATvi IV. M4^>\ as ^k>? learn from 
>i.x ;*s;v.v>i;^\NL* \\\v^ «\s\st\^v^. s^r U^:^ IVccC-^ wjts called to his 
';Vv; j;*v? ^^Ui^*- Ma^-^^^v^s x>i^^ Hax^ ^"^ UttCy jc*?^ her £r5t husband 
^:» Vi*.^v >fc<J^v ^^xi^ vwW''^ iv^v<* x^f >>^ ^;?ccoc iced viftocn she 

^%j«4l^ %tK\v W x*^\v, ^^ ♦ Nv*. >^>kj;: c^^v^^.'^tsciTCi^ ^in? xne left 



Chap. XVIII.] 



Lords of IVarrittgtor 



295 



in perfect ignorance ; and though the Botelers had lately been a 
short-lived race, his grandfather having died at the age of 40 
and his fatlier at 2S, while he himself was stil! a young man, we 
are naturally curious to know whether he met his death by vio- 
lence or whether he died peacefully in his bed. He had been a 
consistent Lancastrian, which, now that a Yorkist prince sat on 
the throne, might excite against him the rage of that party. 
He may have been a too forward soldier, and so may have met 
death honourably in the field ; or he may have fallen in some 
popular outbreak or private feud, for in his days the times were 
out of joint. In January 1463 as the Yorkists were besieging 
Alnwick, Warwick their leader saw the Lancastrians coming to 
its relief, whereupon he drew up his forces to meet them. Mean- 
while lord Hungerford the son of Breze and some other knights 
sallied out of the place, and having cut their way through the 
besiegers joined the Lancastrians, when they both forthwith 
marched away and the town was surrendered. {Lingard's Hist. 
Eng., vol. V. p. 240.) 

The times were full of trouble. In the battle of Hexham, 
where the Lancastrians sutTered a defeat in the v^ry year of sir 
John Boteler's death, a John Botcler was among the prisoners 
taken and beheaded after the battle. The editor at first thought 
he had discovered in this sir John, the knight of Bewsey; but on 
further inquiry it appeared that the prisoner was a landed gen- 
tleman of Hoke in Somersetshire, who though of the same name 
was of quite another family. (Rapin's Hist. Eng., vol. i. p. 599 ; 
Warkicortk C/iron., p. 4, Camden soc; Liber Niger Scacc, vol. ii. 
p. 498 ; Calendar Inq. p. vi., p. 357.) In 2 Edward IV. Henry 
duke of Exeter and one hundred and forty others were attainted 
and disinherited ; and shortly aftenvards the earl of Orford, his 
son Aubrey, William TerriU and John Montgomery esquires, 
with several others, being detected of treasonable designs, were 
at different times beheaded on Tower hill. (Stowe's Chron.^ 1462.) 
In none of these troubles however does it appear that sir John 
loteler was implicated ; but one of the Paston letters, dated at 

QQ 




396 



Annali of tJu 



[Chap. XViii, 



Holt castle in Denbighshire ist March 1463, seems to point to 
what might possibly be the occasion of his death. In this letter 
the writer says: "The commons in Lancashire and Cheshire 
were up to the number of ten thousand, but now they be down 
again, and one or two of them was headed at Chester on 
Saturday last." Now if the date of this letter be really the 
1st March 1463, as an historian supposes, it is very singular 
that the rising and suppression mentioned in it should synchronise 
so exactly with the day of the death of sir John Boteler ; and 
it may therefore be very well supposed that in attempting to 
guard the Troutbeck house and property in the neighbourhood 
of Chester, he may have made himself obnoxious to the rebels and 
have fallen beneath their fury. (Baines' Hist. Liverpool, p. 185.) 
But tradition, which as we shall see hereafter has been busy 
about the occasion of sir John Boteler's death, has given a very 
different account of it. Sir John, as we learn from his son's will, 
was buried in the Boteler chantry in the parish church of War- 
rington under an alabaster tomb, on which repose the effigies of 
himself and one of liis wives. 

The manor house at Bewsey, from which sir John's remains 
were carried to their last resting place in the family chantry 
was not the brick structure which now stands there, but was 
probably one of the houses of that period, a framed structure of 
oak with panels of an ornamental pattern, filled in with brick- 
work or plaster and coloured white and black. It had gables 
and a porch, and a square tower of stone to which if the house 
were attacked the owner might retreat in the last extremity. 
The porch and the gables were ornamented with barge boards 
and finials, and the tower was batticmented. The great hall was 
entered from the porch through an openi)ig in the screen which 
divided it from the rest of the house. It was open to the rafters 
of the roof, which were arranged so as to make a pattern on the 
ceiUng, Long windows with narrow slits and stone muUions, 
extending nearly along the whole front, seemed designed to let 
in light by stealth and keep out intruders. The great oak door. 



Chap, xviil] Lords of Warrington. 297 

studded with nails and well secured by bolts, had In it a 
small wicket through which the porter might reconnoitre 
strangers before they entered. Around the house flowed a 
broad moat filled with water from the Sankey, then a lucid 
stream abounding with fish and the resort of great numbers 
of waterfowl The only access across the moat was by a 
drawbridge, which was kept constantly raised except when the 
warder had orders to lower it. But the moat, the drawbridge, 
the window-like slits, the door double-barred and studded, and 
the battlemented tower were all marks of insecurity, and proved 
that in that age the saying that " an Englishman's house is his 
castle" was true only in a metaphor. The felon thief might 
be kept out by the narrow openings in the windows ; and the 
other appliances might sometimes but not always prove a 
defence against stronger and more daring marauders. Still 
the house embosomed in its woods, with the rooks cawing 
over it and the herons flying lazily home from a fishing excur- 
sion, was a picturesque object which harmonised with the 
prospect and bespoke the residence of a knightly race. The 
alabaster tomb in which sir John Boteler was laid, although 
stripped of its memorial scroll, one of those acts of Vandalism 
against which queen Elizabeth in the second year of her reign 
issued a proclamation, still remains and is so remarkable as to 
deserve more than a passing notice. 

In the Troutbeck chapel in St. Maiy's church at Chester, until 
it was destroyed by the falling in of the roof some years ago, 
there was a monument of the same kind erected a little after 
the Boteler tomb, which if it had been spared would have thrown 
light on that in the Boteler chantry. Upon the Chester tomb lay 
the effigy of sir William Troutbeck in his helmet and a ricli suit 
of armour. Round the helmet there was a border of pearls and 
stones, and on the front the words ycsu Nazarenus Rex. The 
plates and edges of all tlie armour were curiously wrought, and 
round the knight's neck there was that collar of esses which has 
roved such a puzzle to the antiquaries. In one hand he held his 



AmmaJs of the 



\Cxu 



L gauntkt, and in die other his wife's hand. Under his feet was a 
l.fioa couduat, and beneath the bead was a mantied helmet with a 
' wreath of trouts and a mode's head upon it. Beside the knight 
lay the effigy of his lady, her head richly attired and veiled, and 
wearily a blue gown whh a short sorcoat of black. At her feet 
was a tamU and two ai^ds supported the cushions under her 
L head. The series of empakments round the tomb plainly showed 
L that the figures deeping upon it were sir William Troutbeck 
uriio fell at Blore and dame Margaret whom that battle made a 
widow. On the Boteler tomb Ij-ing side by side are the recum- 
bent efiigies of the knight and his lady. The knight's uncowred 
head reposes upon his helmet with its scaif or kerchief pleasau nee, 
not much softer to rest on than the pillow which Henry V. in the 
night before Agincourt deplored should be the only support 
under the head of his faithful soldier sir Thomas Erpingham : 

"A good soft pillow for that old white head 
Were fitter than the churlish soil of France." 

The knight has a plentiful crop of hair which is formally cut 
short, as if a circle had been placed on the head and all the hair 
cut off which had escaped beneath the edges. A well padded 
head would relieve the pressure of the helmet and deaden a blow 
falling on it, but long hair would interfere with the free motion 
of the head within it. The knight is clad in plate armour, 
with a skirt of mail which appears beneath the tasses on his 
thighs, and a kind of narrow ornament like lacework which runs 
down the edges of his armour greatly serves to enrich it. His 
sword and dagger, now no longer remaining, once hung on oppo- 
site sides from a jewelled and highly ornamented belt. He 
wears the spurs of knighthood, and his feet rest upon a crouch- 
ing hound. His right gauntlet lies on his breast supported by 
his left hand, while his right hand clasps that of his lady. He 
has a ring on the middle finger of the right hand, like that in the 
effigy of king John at Worcester, which is supposed to denote 
that the wearer had been a widower. The lady is represented 





Chap. XVIIL) 



Lords of Warrington. 



299 



in a close-fitting dress made long and falling in folds over the 
feet. It is sleeved to the wrists, and confined at the waist by a 
rich girdle with a buckle, from which a pendant ornament hangs 
down on the right side. Her head is attired in the reticulated 
mitre-shaped cap, of which the type may be seen in sir John Den- 
gayn's monument engraved in the Oxford Brasses (pi. Ixxxvii). 
Fashion, over which the Graces do not always preside, was as 
capricious then as now. From the top of the head-dress there 
han^ a short fall or veil. Her head reposes on a double cushion 
which two angels with well-imagined effort arc endeavouring to 
support. She has a triple chain round her neck, and depending 
from it by another chain there hangs an Agnus Dei. She has a 
ring on her wedding finger, another on the small finger of the 
same hand, while on her thumb there appears the very incon- 
venient appendage of a thumb ring. In the old ofilice of mar- 
riage, according to the use of Sarum, the bridegroom was first to 
put the ring on the bride's thumb, then on her forefinger, then 
on her third finger, and finally on the fourth or wedding finger, 
at the same time invoking the Holy Trinity. The ornament on 
lady Botelcr's tliumb was a reUc of this practice, which could not 
have been wholly extinct in Butler's time, since in his Htidibras 
he Dumbers it among the foolish outcries of the time : 

► " Others were for abolishing 

That tool of matrimony, a ring, 
With which th' unsanctified bridegroom 
Was married only to a thumb." 

The lady's right foot rests upon a lamb and the left upon a 
diminutive dog. If the lady's effigy be meant for sir John's last 
wife, Mai^aret Stanley, she enjoys the singular honour of being 
commemorated on two tombs — on that of her first husband 
as well as on that of her second ; but the monument in its 
details is still more singular. Proceeding round the tomb from 
left to right are six saintesses, each in her separate niche, stand- 
to keep watch like ministers of grace: (i) St. Faith; 



300 



Annals of the 



ICa 



(2) the blessed Vinjin as the Mater dolorosa ; (3) the Magdalen ; 
(4) St. Catherine; (5) St. Margaret, the lady's name saintess; 
and (6) the blessed Vii^in as the Mother of tnercy. On the 
knight's side are representations sculptured (i) of the Holy 
Trinity; {3) St. John the Baptist, the knight's name saint; 

(3) St George ; (4) St. Christopher ; (5) the archangel Michael ; 
and (6) St. Thomas or St. James. This monument to sir John 
and lady Botelcr, as a whole, is unique in its details; at least 
there is no other that we know of like it in England. 

By his wife Mat^aret Gerard sir John Botelcr had issue : 

(I.) John his eldest son, who married Ann Saviie and died 
without issue in his father's Ufetime. 

(2.) William his uldcst surviving son and successor, who 
married Jane, daughter of sir William Troutbeck. 

(3.) Margaret, who married Adam Troutbeck, and became by 
him an ancestor of the earls of Shrewsbury. 

(4.) Jane, who married William Troutbeck, from whom she 
was divorced by sentence at Lichfield on the 3rd July 1491, 
because the parties were related in the fourth degree limaliter. 
(Lichfield Register^ 

(5.) Isabella, who married sir Geoffrey Mascy, son of sir Wil- 
liam Mascy of Tatton and Worsley, by whom she had a daughter 
Jane, who married William Stanley, son of the unfortunate sir 
William Stanley who was put to death by Henry VII. 

(6.) Elizabeth, who married Hamon Mascy of Rixton. 

By his wife Elizabeth Dacre he had 

(7.) Nicholas, who (in consequence perhaps of his mother's 
divorce) was considered illegitimate, and who left a daughter, 
the wife of Thomas Rixton of Sankey. 

By his wife Margaret, the widow of sir William Troutbeck, sir 
John's only issue was 

(8.) Thomas Botcler bora in 1461, who ultimately succeeded 
to the family estates. 

Dame Margaret Boteler survived her husband and afterwards 
married for her third husband Henry lord Grey of Codnor; 



Chap, xviii,] Lords of Warrtft^k. . 301 

but history has been busy in finding for Ji^r. several other 
husbands besides the three whom she actually dirf marry. She 
is said to have married sir William Poole of Poole 'find' -sir Wil- 
liam Torbock of Torbock ; but the Margery Stanley who jnarried 
Torbock was a daughter of the house of Alderley, and Jhe 
alleged marriage with Poole originated in a mistake, probibl/V. 
arising out of some unexplained confusion as to that Willianv.-' 
Poole the outlaw, of whom mention has been made. {Harl. MSS., 
No. 1536 ; Hist. Lan., vol. iv. p. 9.) Henry lord Grey, who was 
rather more than 30 years of age when he married dame Mar- 
garet Boteler, was devoted to the study of alchemy, the chemistry 
of that age, and he obtained in 3 Edward IV. the king's hcense 
to practise the transmutation of metals " by his philosophical 
skill." His appearance, we may imagine, would be like the rest 
of his brotherhood, who it is said had " bleared eyes, lean cheeks, 
threadbare clothes, and fingers stained and black with corro- 
sives," and if so, it could not have been by his good looks that 
he won a fair lady's hand ; but perhaps he was as yet only a 
learner in his art, and had not attained the full rank of his 
profession when he sued and won dame Margaret as his bride. 
Dugdale. though he gives many particulars of him, says "how 
he sped in his pursuit of alchemy I cannot tell." (Baronage, 
p. 712.) But certain it is that he obtained from Edward IV. 
and Richard III. grants of land for his great services, and to 
the latter monarch at least he showed his gratitude, for we read : 

• "The lord Grey of Codnor in his armour bright, 

Tlie lord Bowes made him bowne. 
The lord Audley was fierce to fight, 
And all said Richard should keep his crowne." 

(Bosworth Field, Percy Ballads, voL iiL p. 344.) 

He died without issue in the reign of Henry VII. (1496), and by 
his will, proved 38th October in that year, he left money to a 
priest to pray for the soul of dame Mai^aret, who had died in or 
before the year 1492. (Nichols' Hist. Leicesiers., vol. iii, p. 863.) 



302 , " \ Annals of the [Chap, xviil 

But lady Mai^a^ Was not his only wife, for after her death he 
married seconcity) Catherine, daughter of the duchess of Norfolk, 
and thiodly,- another Catherine, daughter of the earl of Devon- 
shire..' *^^//^«^r;/, 1862-63, p. 197.) 

•l^onogamy seems to have been the exception^ and triplicity in 
.-'maj^iage the rule in that age, for lord Grey had three wives, 
'•'•..aiid his wife Margaret three husbands; but unless history does 
his lofxlship injustice, lord Grey's conduct was not such as to 
increase the domestic happiness of any of his wives, and if what 
wc read of his morals be true dame Margaret could not have 
lived happily with him. (Ibid) Sir John Boteler also, it wU be 
remembered, had three wives. 

Dame Margaret's marriage with her third husband did not 
make her less vigilant in preserving the rights of her first hus- 
band's family, and in the Act of Resumption which passed in 
the fourth year of Edward IV. she took care to have inserted in 
it a reservation of that grant of the Troutbeck wardship which 
is contained in the letters patent already mentioned. {Rot 
Pari., vol. V. p. 530.) 

By sir John Boteler's inquisition post-mortem, taken at 
Warrington on the 24th July 1464, he appears to have died 
on the 26th February 1463, and it was found that his son 
William, born on the 25th November 1450, was his heir. 

The estates of Laton and Burtonwode, the latter of which 
was held in socage of the Ferrars family at the rent of a penny 
a year by a grant made more than 200 years before, were to be 
lady Margaret's for her life ; and as she had besides both a 
jointure and her dower from the Troutbeck estates, she must 
have been a rich dowager. 



■, XIX, I Lords of Warrington. 



CHAPTER XIX. 



SIR JOHN FITZ SIR JOHN LE BOTELER, 
CONTIXUED. 

WE have before observed that a great mystery hangs over 
the cause, circumstances and immediate occasion of 
the death of sir John Boteler, and among the Dodsivorth MSS. 
(vol. cxiii. fa 14) in tlie Bodleian library there is preserved an old 
tradition concerning it which tells a tragic story of the manner 
in which sir John came to his end. "' Sir John Boteler, knight," 
thus the story runs, "was slaine in his bed by the Lord Stand- 
ley's procurement. Sir Piers Leigh and Mister Willm. Savage 
joininge with him in that action, curruptinge his servants, his 
porter settinge a hght in a windowe to give knowledge upon the 
water that was about his house at Bewsaye when the watch 
that watched about his howse at Bewsaye where your way to 
.... (/V. Bold) comes, were gone awaye to their owne homes 
and then they came over the moate in lether boates and soe to 
his chambre where one of his servants called Hontrost (Hol- 
croft) was slaine, being his chambcrlaine, the other brother 
betrayed his m'. They promised him a great reward, and he 
going w"* them a way they hanged him at a tree in Bewsaye 
Park. After this Sir John Boteler's lady pursued those that 
slewe her husband, and indyted xx. men for that sarte (or 
assault), but being marrycd to Lordc Gray, he made her suites 
voyd, for which cause she parted from her husband, the Lorde 
Grayc, and came into Lancastershyre and sayd if my Lord wyll 
t helpe me that 1 may have my wyll of mine enemies, yet my 





304 Anmls of tlu [Chaf. xix. 

bodye shall be bcnyed by him, and she caused a tombe of 
alabaster to be made where she lyeth upon the right hand of 
her husband, Sir John Butler." There is in the same collection 
another account which professes to give the cause of the murder. 
"The occasion of the murther was this: the king (Henry VII.) 
being to come to Lathom, the Erie of Derby, his brother-in-law, 
sent unto hym a messenger to desire hym to wear his cloathat 
that tyme. but in his absence his lady said she scorned that her 
husband should waj-te on her brother, being as well able to 
cntcrta>'nc the kynge as he was, which answer the Erie tooke 
in great disdayne and p*secuted the said Sir John Butler with 
all the mallicc that co*wd be, and, amongst other things, the 
said Sir John had a ferry at Warrington which was worth 
c. marks by the yeare unto hym, ther beinge then no bridge, 
and the crie comynge to go to London, the sayde Sir John 
would not suffer hym to passe, but forced hym to go about by 
Manchester. Whereupon the Earle bought a piece of land of 
one Xorris, of Warrington, by which means he was privileged 
to get clayc to ram with all, and on the other side he bought 
land, and so builded the bridge at Warrington on bothe sides, 
being his owne land, and the said Sir John Butler after the 
bridge was builded did, notwithstanding, exact and take toll 
and taxe of all passengers as before, whereupon the Earle 
caused y® king to make itt free. For this and all such like 
discontents they tooke armes one against another, and Sir 
Tens Legh and WiUiam Savage that sided with the Earle made 
trenches upon Warrington Heath, which were to be scene not 
long since, before y« inclosing of y« said heath, so in the end 
duryng that uprore they corrupted his servants and murdered 
hym \x\ his bcdd. Hys lady at that instant being in London, 
did dreame the same night that he was slayne, that Bewsaye 
||;ill did swym with blood, whereupon she presently came 
li//ii)«:\vardH and heard by the way the report of his death." 
'I // ihi'i ;irc onnt a few notices from other sources may be added. 
An *M noff in the Legh pedigree informs us that sir Peter 



Kf. XIX.J 



Lords of iVarringlon. 



305 



Legh, knight banneret and priest, son of Peter Legh by his 
wife Mabel Croft, was made a " knight banneret by Edward IV. 
in his wars at Berwick, and in his youth took to wife Ellen 
the daughter of sir John Savage knight, and being S^ years of 
age and having lived twenty years a widower, was made a priest 
and built Dislcy chapel in 1524;" and another old note in the 
Shakerley Papers informs us further that this "sir Peter slewe 
sir Thomas Butteler of Bewseye knight, and for the same was 
forced to build Disley church for his penalty at his own cost and 
charges, 1527;" while from other sources we learn that sir Peter 
was at great pains to obtain a pardon from the crown of all the 
crimes and offences known and unknown which he had ever 
committed. The pardon was general, but there is no mention 
made in it of the Bewsey murder. ( Warrington in 1465, pref xv. 
in tiotis, Chetham soc.) 

No wonder tlierefore that a native bard, who sang the story in 
no unworthy numbers, should have made it the subject of his 
verse and so clothed it with a deep interest. 

In his Bewsey, a poem of great merit, the author, the late Mr. 
Fitchett a much respected inhabitant of Warrington, after detail- 
ing some circumstances of the struggle which the assassins in 
their assault on the house had to make before they could reach 
the knight's chamber, proceeds thus : 

"Tradition tells a faithful negro brav'd 

Singly their savage rage and bold opposed 

Their passage to the room where thoughtless slept 

His dearly honour'd master, till at last, 

O'erpowered by numbers and o'erwhelm'd with wounds, 

Alas ! he nobly fell .' 

Meanwhile a serving maid, with pious guile, 

Bore in her apron artfully concealed 

The infant heir, and many a danger brav'd, 

Sav'd him uninjured from the ruffian's sword. 

The negro's valour favouring her escape." 
the story as we have given it above it will be seen that there 



I 




3o6 Annals of the [cmap. xix. 

are a few variations, and that it is in some respects inconsistent 
with itself. Sir Thomas and not sir John Boteler is in one place 
made the victim of the outrage, and a traveller who visited War- 
rington church and described the tomb at the end of the last 
century adopts this opinion. (Pennant's Tour from Downing (o 
Alston Moor, p. 20.) On the other hand a magazine writer, by a 
license which far exceeds that of a poel, makes the wife of the 
murdered knight not a Stanley but an Isabella de Holland. 
("The Lady of Bewsey," a tale in the National Magazine, 
■S37-> 

An eminent Warrington antiquary, Dr. Robson, through his 
not having seen the settlement made on the marriage of sir 
John Boteler and Ann Savile, which we have given verbatim, 
has fallen into the error of supposing that it was sir John him- 
self and not his son who married her ; and another writer has 
added to this mistake by supposing tliat Ann Savile survived sir 
John and was the lady who was made a widow by his murder. 
(Introduction to the •■ Ballad of sir John Butler." bishop Percy's 
MS.. fol„ vol. iii. p. 266 ; Burke's Family Romance, vol. ii. p. 78.) 
These and similar mistakes show the difficulty in which the sub- 
ject is involved. 

Again the original story and the tradition noticed in the poem 
of Beiosey differ also in other respects ; the latter makes the 
negro and not one of the brothers Holcroft fall in the defence of 
his master; and it also introduces the touching fact of the ser- 
vant evading the porter with the infant heir concealed in her lap, 
an incident which a modern poet, the author of another Boteler 
legend, has taken advantage of and has improved. The traitor 
who guarded the gate and let out the servant with her concealed 
burden is represented as asking afterwards for his promised 
hire, when he received this answer : 

" ' Where is the gowd 1 ' said the grim portt^r, 
' The gowd ye sware unto me ?' 
' We'll give thee all thine hire,' said they, 
' We play not false like thee.' 



Lords of Warrington. 



307 



I 



They counted down the red, red gold, 

And the porter laughed outright ; 

' Now we have paid thy service well 

For thy master's blood this night 

Thy master's blood ihou hast betrayed. 

We've paid thee thy desire ; 
But for thy treachery to us 

Thou hast not had thine hire !' " 

(Roby's Traditions 0/ LancaMre.) 
And then his fellow ruffians at once hanged him up on the 
nearest oak in the park, and thus lie died as well as his brother 
the chamberlain, yet their deaths were not alike, for the one died 
with honour but the other died a traitor's death. 

At the supposed time of the murder sir John Boteler was a 
young man, only just entering upon life. He was but lately 
married, and had an infant son by his wife Mai^aret which had 
been born to him only a few mouths before, and yet he was 
snatched away as it were in a moment, and we know not how. 
But therein his chapel is his beautiful alabaster tomb; there is the 
hall at Bewscy, which until lately had a moat round it; tlicre is 
the oaken floor stained with his blood, said to be ineffaceable; and 
there is the outhouse where the maid hid the infant heir after 
escaping from the^scenc of tlie murder ; and lastly, in the Boteler 
chantry there is a statue of the faithful negro resting near his 
master. With all these helps and the instinctive love we all have 
for the marvellous, is it wonderful that the story of the Boteler 
tragedy should have met with such general acceptance ? 

In that age murder was a crime which seemed to be but 
little accounted of, and was often treated as a matter for which 
money would atone, as the following instance, which is only 
one among many that might be cited, abundantly shows: — 
Richard Southworth the lord of that place and Ellyn Southworth 
widow, both neighbours of sir John Boteler, having a controversy 
concerning the death of William Southworth. Ellyn's husband, 
rho had been killed by Richard the lord of Southworth, agreed 



3o8 



Annals of ike 



IChap. XIX. 



to refer it to sir Thomas Stanley knight, who, thinking this grie- 
vous crime might be atoned for by money, on the nth Novem- 
ber 1450 made an award by which he ordered the man slayer to 
pay 20/. to WiUiam's widow, and also ordered that upon her 
receiving it neither she nor any of her servants should sue or im- 
plead Richard any further. (Dodsworth's MSS.) 

Under these circumstances and when public and private feuds 
were so rife as to be matters of everyday occurrence, and when 
the law was too much like a spider's web, which lets great flies 
through it but is death to the little ones, we are disposed to ex- 
pect that sir John BoteJer did not die peacefully in his bed ; and 
nothing seems more natural than that being a consistent Lan- 
castrian he may have incurred some Yorkist resentments, and 
have been sacrificed by a confederacy of some of those who, 
though his private friends, were his political enemies. 

But before we pursue the story further it may be well to ex- 
plain what was meant by the invitation to wear her brother's 
cloth, which lady Margaret so scornfully rejected, and which is 
alleged to have been the immediate cause of her husband losing 
his life ; after which we shall notice the recently recovered Bote- 
ler ballad of bishop Percy's manuscript volume. 

The reader will recollect how Lancelot Gobbo praised Bas- 
sanio as a master who gave "rare new liveries," and how when 
Lancelot entered his service his order was : 

" Give him a livery 
More guarded than his fellows." 

{Merchant 0/ Venice, act li. sc. 2.) 

Now what was meant when sir John Botelcr was invited to 
wear the Stanley "cloth" was a livery of this kind, to be worn 
according to a practice then in use and which had begun long 
before. 

In the time of Edward III,, when men were unruly and the 
law was weak, many unquiet spirits in England professed what 
some practise even now : 



Chap, XIX.] 



Lords of Warrington. 



309 



^^m " The simple pla.11 

^1 That they should take who have ihe power, 

!► And they should keep who can !" 

And this gave rise to great men and others retaining such of 
their neighbours as were willing to take service with them and 
wear their livery, which implied an obligation that in all their 
enterprises they were to join with their retainers without nicely 
weighing whether the quarrels were just or not. But as time 
wore on struggles between these liveried retainers who without 
scruple were to serve and assist their masters, and the law 
which was to protect all, became more frequent Before the ac- 
cession of Richard II. the practice of retainers having grown to 
be a great evil had led to frequent breaches of the peace, and by 
an act passed in the king's first year, the legislature ordained 
that no livery whatever should be given to any man for the 
maintenance of quarrels (then a frequent result of liveries), or for 
other confederacies, upon pain to suffer fine and imprisonment 
at the king's pleasure. In this statute "esquires" (a title here 
occurring for the first time in our statute books) are mentioned 
as amongst the class of persons who were in the habit of being 
thus retained and liveried. And still further to restrain the 
practice by another act passed in the eighteenth year of the 
same reign it was enacted that no yeoman or other person 
of lower estate than an esquire should use or bear the livery of 
any lord unless he was menial and familiar, and continually 
dwelling in his lord's house. But evils, like ill weeds, take a 
long time to eradicate. The use and abuse of liveries stiil con- 
tinued, and in the eighth year of Edward IV. another and more 
stringent act was passed (in which the lawyers do not appear 
in good company), by which it was enacted that no person 
was to give any livery to or retain any other than his menial 
servant, or man learned in the law. on pain to forfeit c» a 
month. But the law must have been still flagrantly evaded, 
for the aspiring Gloucester, in allusion to his brother's queen, 
KQmfully remarks. 





3io 



Annals of (!ie 



[Ch; 



. XIX. 



" I think it 




our way, 

If we will keep in favour with the king. 
To be her men and wear her livery." 

{RUhardlll.) 

Before the reign of Henry VII, there had been some laxness 
in administering the law. and the king, who had ever an eye to 
his exchequer, and saw in the fines for infringing the law of live- 
ries a means of replenishing it, in his nineteenth year procured a 
fresh statute to be passed (when the men of law still appear in 
poor company) by which it was ordered that the several acts 
against liveries should be strictly put in force ; and it was further 
enacted that no person should give a livery to any other person 
save to such as he gave household wages, or to his menial (or 
as the statute has it his manual) servant, or to his officer or man 
learned in the law, under a penalty of five pounds a month. 

This statute was not allowed to lie idle ; and though, the law 
being now stronger, a retinue of friends in livery was no longer 
resorted to for purposes either of offence or defence, but w-as 
rather a matter of show and state, the king saw in it a means to 
raise money from his subjects ; and he was even suspected, 
through his creatures Empson and Dudley, of entrapping his 
nobles into a breach of the law that he might be enriched by 
their fines, (Bacon's Henry VII) But avarice was not among 
the many faults of his son and successor, Henry VHI., and tl)e 
only statute in his reign which affected liveries is one passed in 
his first year, from which we learn that gentlemen might then be 
serving men, for by it all serving men under that degree are 
expressly restricted from wearing short gowns. 

After the king's death liveries for state and show seem to have 
been much affected by great people, and sir William Holies 
coming to attend the coronation of Edward VI. set an early ex- 
ample of it, bringing with him a retinue of fifty followers, many 
of them gentlemen, but all wearing a blue coat and badges, the 
ordinary costume of retainers and serving men in that day. 
(Aikin's Memoirs of Queen Elisabeth, vol. ii. p. 3 rg.) On the l8th 



|k 



Chap. XIX.] Lords of Warrington. 31 1 

May 1553, sir Henry Sidney, having first obtained the king's 
license for it, clothed fifty gentlemen and yeomen, his retainers, 
in his Hvery. (CoHins' Introd. t& the Sidney Papers, pp. 83, 84.) 

On the 8th August ISS3' Edward earl of Derby made his pro- 
gress in state from Lathom to London, attended by not less than 
eighty persons in velvet and 218 yeomen in liveries, (Collins' 
Peerage, vol. iii. p. 71.) And in the next year the carl of Pem- 
broke procured the royal license to retain and give liveries to 
thirty men at his will and pleasure over and above such persons 
as attended on him. (Aikin's Menu}irs of Queen Elizabeth, p. 268.) 

It was a frequent practice among the great to put their ser- 
vants in the commission of the peace, whence it often happened 
that a livery covered the back of a justice. This practice was so 
objectionable that queen Mary on her accession tried to obtain 
act to prevent it, but she was unsuccessful and the evil con- 
tinued some time longer. 

So far from livery being considered derogatory in the time of 
James I. it was then quite common for gentlemen in Lancashire 
not only to appear in the livery of their neighbours, but to per- 
form in that attire many of a servant's offices on state occasions 
or during a royal progress. {Notes and Queries, p, 146 August 
14th 1852, and p. 473 November 12th 1853.) 

The instances which have been cited of this wearing another's 
"cloth" will cspjain the meaning of the invitation out of which 
grew the alleged cause of the Bewsey tragedy. The reader who 
desires to know more on this subject will find it treated of in 
the authorities subjoined : Stowe's Survey, pp. 33, 33, ed. 1S42; 
Douce's Illustrations of Sluxkspere, vol. ii. p. 334 ; Royal Pro- 
gresses, Quarterly Rci'icv, 1 829. 

Great however as may appear the mystery of this tragedy in the 
account as it has come down to us in Dodsworth's story and the 
traditions which linger about the old house, the recovery of the 

icient ballad of " Sir John Butler," recently published by the 

rly English Text society from bishop Percy's folio MS. (vol. iii. 

210), has increased rather than lessened our wonder and per- 





312 



Annals of ihs 



[Cm. 



plexity. The able editor of the ballad (Dr. Robson) is of 
opinion that we have it only in a fragmentary state, and if so 
we may regret with him that it has not come do\v-n to us en- 
tire, as it might then have helped to clear away some of the 
mists which still hang about the story. In its present form the 
ballad (which from its style can be of no very ancient date) 
gives no account of any previous feud or quarrel having existed 
between sir John Boteler and his neighbours, but opens abruptly 
thus ; 

" But word is come to Warrington, 
And Busye hall is laid about. 
Sir John Butler and his merry men 

Stand in Hull great doubt. 
When they came to Busye hall 
Itt was the merke midnight, 
And all the bridges were up drawen 

And never a candle light 
There they made them one good boaie 

All of one good bull skinn ; 
William Savage was one of the (first 
That ever came it within." 
After this the party (it is not said of how many it consisted) 
are transported over tlie moat two at a time, when sir John's 
daughter, becoming aware that the house was being invaded for 
some ill purpose as she feared, raises an outcry intended to give 
her father warning of the danger : 

" Waken you, waken you, deare ffather, 
God waken you within ; 
For here is your uncle Standlye 
Come your hall within," 
Conscious that some great danger is impending sir John ex- 
presses his fears that lOo/. in gold will not sufRce to buy out his 
ransom that night ; and then there follows a demand by the 
invaders from the daughter to know where her father is : 



X.J Lords of Warrington. 313 

" Where is thy father, Eilen Butler, 
Have done and tell it mee," 

f But to serve her father she temporises, whereupon they insist 
ion seeing him : 

" Now nay, now nay, Ellen Butler, 
ffor so iu must not be ; 
For ere I go forth of this hall 
Your ffather 1 must see." 

The uncle Stanley and William Savage are the only persons 
who have yet been named, and it is probably the former who here 
speaks. They then search the hall, and at length find the ante- 
room of the knight's chamber, to which Holcroft his chamberlain, 
who is guarding the door, opposes their entrance : 

I" flair him fall little Holcroft, 
I Soc merrily he kept the dore, 

[ Till that his head from his shoulders 

Came tumbling downe the ffloore." 
Sir John is then called upon by sir Piers Legh to yield himself, 
lereupon he exclaims : 
" I will yeelde me to my unckle Stanlye, 
And neere to ffalse Peter Legh." 

Seeing her father's danger, Ellen Butler cries out for a priest 
to housel and shrive him, and 

" Then bespake him, William Savage. 
A shame's death may he die! 
Sayes he shall have no other priest 
But my bright sword and race." 
The knight we are left to presume was then slain by WitUam 
Savage, for the ballad now turns to speak of the knight's wife, 
who was away at the time of the murder : 

"The ladye Butler is to London r^'dden, 
Shee had better have been at home ; 




Antials of the 



She mighl have begged her owne : 
Att her good brother John." 



iarr>-ed lord 



This John might be either a Stanley or a Haryngton. The 
scene then changes, and the ballad next informs us that, lying 
in her bed in London, lady Butler had dreamed that her husband 
lay swimming in his blootl, and that she then set out to ride with 
all speed to Bewsey, but meeting on the way three Kendal men, 
and asking of them their tidings, she hears the heavy news that 
her lord, "tlie worthiest knight in merry England," has been slain. 
Whereupon, after bewailing her lord's death, and lamenting that 
she should sec Bewsey hall no more, she no further continues 
her Journey, but returns towards London ; and then the ballad 
thus proceeds : 

" Now lady Butler is to London againe 
In all the speed might be ; 
And when she came before her prince 
She kneeled low doft-ne on her knee i 

' A boone, a boone, my leege," shee sayes, 

' ffor God's love grant iti mee t ' 
' What is thy boone, lady Buder, 
Or what wold thou have of mee ? 
What is thy boone, lady Butler, 
Or what wold ihou have of me?' 
'That ffalse Peeres of Lee and my brother Stanley, 
And Wiltiajn Savage, and all may die.' " 

Then the prince, by whom wc are to understand king Ed- 
ward IV., addresses lady Butler thus : 

"Come you hither, lady Butler, 

Come you Qwer this stone ; 
Would you have three men ffor to dye. 

And all for the losse of one J 
Come you hither, lady Butler, 

With all the speed yee may ; 



Chap. XIX,] Lords of Warrington. 315 

If thou wilt come to London, lady Butler, 
Thou shalt go home lady Gray," 

It will be observed that there is a great variance here between 
the ballad and the prose version of the story, for while the latter 
makes lady Botcler return to Bewsey hall the former expressly 
says she never did return, but on hearing of her loss went back 
at once to London. 

Sir Piers Legh, Mr. Wilham Savage, a Stanley who in the 
ballad is not called either a lord or a knight, but by a strange 
confusion in one place is said to be the uncle of sir John and in 
another the brother of his wife. Holcroft the chamberlain, sir 
John and lady Boteler, lord Grey afterwards her husband, (which 
identifies lady Boteler with Margaret Stanley, sister of the first 
lord Derby, the only Stanley who ever married a Boteler), ap- 
pear both in the ballad and in Dodsworth's story. The leather 
boat in which the confederates crossed the moat appears also in 
both accounts ; but the ballad omits all mention of the faithless 
porter and the light he set in the window to guide them ; on the 
contrary it says : 

► "Itl was the merke midnight, 

And all the bridges were up drawen, 
\nd never a candle light" 

The ballad introduces a new personage not heard of before, 
sir John Boteler's daughter Ellen ; but it says nothing of the 
negro servant, the infant heir, or the maid who so successfully 
eluded the porter and aided in the child's escape. It says no- 
thing either of the indictment or the appeal, both of which appear 
prominently in the prose version of the story. 

The story although tragical does not seem at first to be wholly 
improbable, and though there are variations in the mode in 
which it is told, there may be a foundation for the story of some 
murder having been committed, although the time, the confeder- 
ates and the circumstances may be all incorrectly given. 





3>6 



A /Dials of tfie 



ICh; 



Let us then proceed to examine the particulars a little more 
in detail. 

Sir John Botelcr, as we know from his inquisition post mortem, 
died on the 26tli February 1463, at which time Thomas second 
lord Stanley, brother of dame Mai^aret sir John's wife, was the 
head of the house of Lathom, but until the 27th October 1485, 
when he was created earl of Derby, there was no earl of that 
name. The Stanley, in the ballad as we have observed before, 
has no title of either knight or lord, but the prose version calls 
him both lord Stanley and earl of Derby, which may be ow- 
ing to the prose story having been written long after the 
Stanleys had won the earl's coronet. One circumstance in the 
prose story enables us to approximate the date of its authorship, 
for it tells us that before the heath was enclosed the trenches 
made by the conspirators on Warrington heath might be seen, 
which of course implies that the story was written after the enclo- 
sure. Now we. know from two ancient surveys made in 15S5 and 
1593 that the heath had not then been enclosed, and there is 
reason to believe that the enclosure did not take place until some 
years after the beginning of the next century, which will bring 
the date of Dodswortli's story to about the year 1625, or very 
nearly to his own time. Thomas second lord Stanley and after- 
wards first earl of Derby, about 1472 lost his first wife Eleanor 
Neville, whom he had married before 1463 ; and very soon after- 
wards he married Margaret countess of Richmond, who was his 
wife in 1473, when they both obtained from the priory of Dur- 
ham the coveted letters of fraternity in which she is expressly 
called the earl's wife. It is true that the king and queen liidcome 
to Lathom to visit his mother, but this was not until the year 
J49S' which was more than thirty years after the death of sir 
John Boteler and more than tlirec years after the death of dame 
Mai^arct his widow, which happened in or before 1492. We 
fortunately possess an account of the route taken by the royal 
party on their way to Lathom, and from it we find that on 
the 27th July 149s they were tlie guests of the abbot of Vale 



ch*p. XIX.] Lords of Warrington. 317 

Royal at Darnhall. On the 28th, passing over the bridge just 
then built in their honour at Warrington, they went through the 
town to Winwick, where they were received by James Stanley 
the future bishop of Ely, its then rector. On the 30th they 
reached Lathom, where they were cordially welcomed by their 
host and hostess, the king's noble mother and the earl her hus- 
band. On Monday the 3rd of August they visited the carl at 
Knowsley his other seat. The next day they rested in or near 
Warrington, most probably at Bewsey, and on the 5th they 
passed on to Manchester, from which place they turned their 
steps directly towards London. {Exa-rpla Historica, p. 107.) 
The Botelers seem never to have eitlicr owned or claimed to own 
the tolls of Warrington bridge until after the time of the second 
lord Derby. Of these tolls the Byrons were the owners, and 
lord Derby did not make the bridge free in his lifetime, for by 
his will dated in 1504 he left a sum of money to his executors 
for the express purpose of buying off the tolls and making the 
bridge free. Mr. William Savage, who is represented as play- 
ing so conspicuous a part in the drama of the murder, was the 
eighth son of that sir John Savage who married Catherine, lord 
Derby's second sister, who died in 3 Edward IV., and he was 
therefore that lord's nephew. At tlie time of the alleged murder 
he must have been only a child of a few years old. Sir Thomas 
Boteler, whom more than one authority makes to be the mur- 
dered person, died on the 27th April 1522, and the earl one of 
his alleged murderers, died in 1504, or eighteen years before 
him, which completely disposes of the question of sir Thomas 
being the murdered person, and of the earl being his murderer. 
The second earl of Derby also died before sir Thomas Boteler. 

Sir Peter Legh, knight banneret and priest, who was born in 
145s, and died on 11th August 1527, was only eight years old in 
1463, the date of sir John Boteler's death, a most improbable age 
for any one to be a confederate in a murder. The clerical habit 
assumed by sir Peter in his later years, which has been ascribed 
0.a feeling of remorse for his share in the murder, may be sup- 





3>8 



Annals of t/ie 



[Ch 



?. XIX. 



posed to have had a different origin. His wife Ellen Savage 
William's sister, whom he lost in 1492. had several brothers who 
rose to high office in the church, and one of them, Thomas 
Savage, bishop of Rocliester in that year, afterwards died arch* 
bishop of York. Long after the death of his wife sir Peter sub' 
mitted to the tonsure, to which in his search for comfort som^ 
gleams of ambition may have contributed to induce him to sub- 
mil. The general pardon which he obtained from the crown v 
then a common precaution, to which all men who had estates 
thought it prudent to resort, and no inference can be drawn froBO 
it of his being more guilty than his neighbours. Instead of \ 
ing instrumental in the murder, we find him not long before hts 
decease attending sir Thomas Boteler in his clerical character 
and administering to him spiritual comfort. Sir Peter is buried 
in Winwick church under a brass, which, among such memorials, 
is almost unique, for upon it he and his wife are represented side 
by side, and sir Peter, who has a shaven crown, wears his priestly 
vestments over his sword and spurs and knightly armour. 

That portion of the tradition which tells us that sir John Bote* 
ler's heir was an infant at the time of the murder, and was car- 
ried away concealed in the maid's lap, must be dismissed as a 
fable, for although sir John by his wife Mai^aret had an infant 
son born only a few months before, it was not that childj but 
his son William Boteler, then twelve years old and already 
married, who was really his heir. 

With reference to the negro's part in the story, and the hXasM 
statue in the church which is said to commemorate him, if this 
depends upon tlie statue we must dismiss it altogether from 
the account, for the statue, which is of dark stone but not black, 
lying under one of the two founder's arches on the north side o 
the chapel, is certainly not that of a man but of a woman, and 11 
probably the statue of dame Alicia Boteler, the widow of a for- 
mer sir John Boteler, the founder of the chapel, whose figure 
once probably occupied the other arch ; for although sir William 
his son, who died at Harfleur, found a grave in the friary, we 



Chap, XIX.] Lords of Warrington. 319 

know from the will of John his other son, who was usher of the 
chamber to king Henry V., that he was buried in the chapel. 
These double arches on the founder's side are not unusual, 
and they occur, amongst other places, in the Savage chapel at 

Macclesfield. 

It may be remarked that lady Botcler. the widow of the mur- 
dered man, according to the prose story, indicted twenty of his 
murderers, and also lodged an appeal of murder against them. 
An indictment for murder or other felony, which is a public pro- 
secution in the name of the sovereign, is a process which con- 
tinues,, and is in full use still ; but the appeal of murder, a remedy 
of a private nature as ancient as magtia carta and confirmed 
by 25 Edward I. c. 34, was allowed to the widow of a murdered 
man, and which was in full force in lady Boteler's days, exists no 
longer, having been abolished in the present century. Wliilc 
an appeal of murder as supplementary to an indictment con- 
tinued in use, the widow was allowed a year and a day to com- 
mence it, in consequence of which it became customary, until the 
law was altered by Henry VH., not to try homicides until the 
expiration of that time, and in the meantime to allow them to 
go out on bail, which, as might be expected, led to many abuses. 
(Biackstone's Coinm., vol. iv. pp. 314, 315.) The re-marriage of a 
widow within a year and a day, though it would abate her appeal, 
would have no effect upon the indictment, of which neither 
she nor the king would have any power to stop the progress, 
although the king might pardon the offender even after he had 
been convicted and sentenced. Lady Boteler's appeal, the story 
tells us, was avoided by her marrying Henry lord Grey within 
the year of grace, and it is intimated that by it the indictment 
was also set aside, which however it could not be. 

In her first grief lady Botcler resolved, as we read, to share her 

husband's tomb, and we have no reason to doubt that then she 

sincerely intended it. At that time however lord Grey (who 

was the object of her own free choice, and was not, as the ballad 

ws, thrust upon her by the king) had not won her hand, and 



320 



Annab of i/ie 



[Ch 



•. XIX. 



afterwards it is hardly likely that her first resolution to rest 
by her husband would be carried out ; nay, it is probable that 
she found a grave elsewhere, since her son's will (though it ex- 
pressly calls the chapel his father's burial place) makes no men- 
tion of her body being buried there, which, had it been so, he 
scarcely would have omitted. 

The circumstances which have now been mentioned incontest- 
ably show that if sir John Botcler the husband of Margaret Stan- 
ley was murdered, he was not murdered for refusing to wear the 
Stanley livery on the occasion of the royal visit to Lathom, which 
did not happen until three years after his wife Margaret's death, 
and until more than thirty years after his own. They show also 
that sir Peter Legh the priest and William Savage were boys of 
tender age at the time of the alleged murder, and consequently 
could liave taken no part in it With regard to the only other 
actor in the tragedy, Thomas second lord Stanley afterwards earl 
of Derby, and the suit and quarrel about the bridge and the 
bridge tolls, it has been already shown that the report could not 
be true. If we can even suppose that lord Derby did take part 
in the murder of sir John Botcler for some other cause and not 
for this, such a supposition would be most improbable, since we 
find that he and sir Thomas lived on the most friendly terms, 
and that when sir Thomas came of age and re-settled his family 
estates, he limited the first estate in remainder, after the limitation 
to himself and his heirs, to the earl of Derby in fee, which we can 
hardly suppose he would have done if he had been his father's 
murderer. But the spots of blood on the floor of Bewsey hall, 
which add a miracle to the mystery of the murder — how are we 
to account for them .' We have it on our great poet's authority 
that 

" Murder, tho' it have no tongue, 
Will speak with most miraculous organ ;" 

and if the spots at Bewsey are the blood shed in 1463, we have 
indeed an illustration of it; for the present house at Bewsey was 





■. XIX, ] 



Lords of IVarriugtoH. 



Ill 



not then built, and it follows therefore that the spots must have 
haunted the floor and come there from an earlier house. 

Upon the whole matter it is fair to conclude that though a foul 
murder was committed upon the lord of Bewsey, it is probable 
that the murdered man was not sir John Boteler who died in 
1463. but his father who died on the 1 3th September 1430. This 
last Boteler had (though his son had not) a daughter named Ellen, 
who was old enough to raise an alarm when her father was 
attacked, while he was actually nephew by marriage to the second 
sir John Stanley of Lathom, who survived him. It was upon 
his widow Isabella that the outrage led b)» William Pullc (whom 
lady Boteler in her petition describes as an outlaw for man's 
blood shed) was committed, and it is not a violent presumption 
to suppose that the blood so spilt was the murder of lady 
Boteler's husband at Bewsey. If the records of the crown court 
at Lancaster should ever be indexed and made accessible, the 
mystery of the Boteler murder may be cleared up. 

The ballad of Bewsey having occupied so much of our atten- 
tion we here print it in extcnso* 

* THE BALLAD OF BEWSEY. 

■' But ward is come to warrington, 

& Buiye hall is l^d about; 
S' lolia Buller and his merty mea 

stand in FTull great doubt, 
when Ihcy came to Busye hall 

ill was the merlte midnighl, 
and all the bridges were vp drawcii, 

uid ncuei a candle Light. 
Ihcrc Ihcy made ihem one good boati-, 

all of one good Bull sklnn } 
WilL Sauage was one of the IBrst 



hee sayled ore his merrymeii 
by 3 and 2 together, 

& said in was as good a bale 
a& eie was made of lether. 



322 Annals of the [Chap. xix. 

' waken you, waken you, deare ffather, 
God waken you w*hin ! 
for heere is yo' vncle standlye 
come yo* hall w*hin.* 

* if y« be true, Ellen Butler, 

these tydings you tell mee, 
a loo^. in good redd gold 

this night will not borrow mee. ' 

then came downe Ellen Butler 

& into her f!athers hall, 
& then came downe Ellen Butler, 

and she was laced in pall. 

•where is thy ffather, Ellen Butler? 
haue done, and tell itt mee.' 

* my (lather is now to London ridden, 

as Christ shall haue p* of mee.' 

* Now nay, Now nay, Ellen Butler, 

ffor so itt must not bee ; 
ffor ere I goe fforth of this hall 
yo* ffather I must see.' 

the sought y* hall then vp and downe 

theras lohn Butler Lay ; 
th^ sought y* hall then vp and downe 

theras lohn Butler Lay ; 

ffaire him ffall, little Holcroft ! 

soe Merrilye he kept the dore, 
till y* his head ffrom his shoulders 

came tumbling downe the floore. 

* yeeld thee, yeelde thee, lohn Butler ! 

yeelde thee now to mee ! ' 

* I will yeelde me to my vncle Stanlye, 

& neere to ffidse Peeter Lee.' 

'a preist, a preist,' sales Ellen Butler 

' to housel and to shriue ! 
' a prebt, a preist,' sais Ellen Butler, 

* while y* my father is man aliue ! ' 

then bespake him will. Sauage, 

a shames death may he dye ! 
sayes, ' he shall haue no other preist 

but my bright sword and mee.' 

the Ladyc Bulter is to London ryddcn, 
shce had better haue bcene att home, 



Chap. XIX.] Lords of Warrington. 323 

■ 

shee mighf haue b^ged her owne marryed Lo: 
att her good Brother lohn. 

& as shee lay in leeue London, 

& as shee lay in her bedd, 
shee dreamed her owne marryed Lo: 

was swiminnge in blood soe red. 

shee called vp her merry men all 

long ere itt was day, 
saies, ' wee must ryde to Busye hall 

w*h all speed y* we may.* 

shee met w*h 3 Kendall men 
were ryding by the way : 

* tydings, tydings, Kendall men, 

I pray you tell itt mee ! ' 

' heauy tydings, deare Madam ! 

ffrom you wee will not Leane, 
the worthyest K* in merry England, 
lohn Butler, Lord ! hee is slaine. < 

' flarewell, iTarwell, lohn Butler ! 

flbr thee I must neu' see. 
flarewell, iTarwell, Busiye hall ! 
for thee I will neuer come nye. 

Now Ladye Butler is to London againe, 

in all the speed might bee ; 
& when shee came before her prince, 

shee kneeled low downe on her knee : 

' a boonc, a boone, my Let^e ! ' she sayes, 
(Tor gods loue grant itt mee: ' 

* what is thy boone. Lady Butler ? 

or what wold thou haue of me ? 

what is thy boone, Lady Butler I 
or what wold thou haue of mc ?' 

* y* fialsc Pecres of Lee, and my brother Stanley, 

& will. Sauage, and all, may dye. * 

' come you hither. Lady Butler, 

come you ower this stone ; 
wold you haue 3 men (Tor to dye, 
all ffor the losse of one ? 

come you hither Lady Butler, 

with all the speed you may ; 
if thou wilt come to London, I^: Butler, 

thou shall goe home Lady Gray."* ** ffinis." 



Annals of the 



CHAPTER XX. 



SIR WILLIAM BOTELER, FOURTEENTH BARON. 

SIR William Boteler, who succeeded his father in the 
barony of Warrington and the other lai^e estates of his 
family, was about 1 3 when liis father died, liaving been born on 
the 25th November 1450. To prevent his hand being put to sale 
he had been married in his father's lifetime. (Sir John Boteler's 
Iiiq. p. m.) The carl of Warwick, who had been mainly instru- 
mental in seating king Edward IV. on the throne, soon after- 
wards conceived a great hatred towards him, tlie friendship be- 
tween monarchs and those who have helped them to the throne 
being seldom lasting. The rupture originated with the king, 
who, having sent him to treat for his marriage with a foreign 
princess, not only repudiated the engagement but, even without 
his knowledge, married lady Elizabeth Grey. After a time 
Warwick gladly listened to the overtures of the cx-quecn Mar- 
garet of Anjou, who solicited him to espouse the cause of her 
husband king Henry VI. "Warwick," says Fuller, "stormeth 
that he had taken so much pains about nothing, and was highly 
sensible of the affront, seeing that a potent arme is not to be 
employed about a sleeveless errand. He resolves revenge, and 
because he could not make her queen whom he desired, he would 
make him king whom he pleased." {Church History. 1463.) This 
resolution being taken he marched an army into Lancashire, and 
there endeavoured to induce lord Stanley to join him ; but that 
lord, though he had married Warwick's sister, had too lately 
escaped impeachment for showing his Yorkist predilections at 




rep"- "^1 



Lords of Wc 




Blore easily to forget the Yorkists, especially when they were 
the party in power, {HUt. Lan., vol. i. p. 137.) 

In the year 1465, when he was simply called an esquire, Wil- 
liam Boteler was in possession of the family estates, and in the 
Legh Ji^fa/ which gives us this information, he is called " Willi- 
elmus Botefer armiger filius et hseres Johannis Boteler militis." 
{Watyingtoft in 1465, Chethani soc.) This rental, by giving us 
the number of houses, enables us to estimate what was the popu- 
lation of Warrington at this time. The Leghs, it appears, had 
seventy-three houses and the Botelers twice that number, which, 
allowing six to a house, would make the population one thousand 
three hundred and fourteen persons. 

In the year 1469 Warwick had so far succeeded that he had 
actually made king Edward IV. his prisoner and had him confined 
at Middlcham, but on the eve of William Boteler's coming of 
age the Lancastrians, who had just sustained a disastrous defeat 
at Bamet, were about to make a convulsive effort to retrieve 
their loss and re-seat king Henry on the throne. It required all 
the high spirit of his queen to bear up against the loss the king's 
cause had just sustained in the field at Barnet, where the earl of 
Warwick, its chief pillar and support, had fallen. 

On the 14th April 1471 the queen, having landed at Wey- 
mouth, mustered and marched an army to Tewksbury, and was 
there joined by a number of the king's Cheshire and Lancashire 
friends. (Uar/. MSS., 2111,) By coming into Cheshire before the 
battle of Blore she had powerfully increased the Lancastrian in- 
terest, and had roused in the country an enthusiasm in favour of her 
husband. The head of the house of Doddington, sir John Delves, 
espoused her cause very heartily. His family, which was very 
ancient, claimed kindred with those of the house of Arragon, who 
were of his name and who, after the Catalans, had a share in the 
government of immortal Athens. (Gibbon's Decline and Fall, vol. 
vii. pp. 7, ^-j Murray's Handbook of Turkey, p. 7a) Sir John 
was one of those who, won by the queen's influence, had gladly 
received from her hands the cognizance of the " silver swan," and 



A 



326 



Ainiais of i/ie 



(Ck. 



under the banner of lord Audley had marched in her cause to 
Blore and taken part in that bloody strife, where upwards of two 
thousand men of the best blood of Cheshire, amongst whom was 
sir John's great leader lord Audley, were left dead on the field. 
Sir John survived to lament the loss of his leader, and was after- 
wards sent in charge of sir John and sir Thomas Neville, two 
of lord Salisbury's sons who had been taken prisoners in the 
battle, with directions to lodge them safely in the castle at 
Chester. After her husband's reverses at Northampton in the 
following year the queen was again in Cheshire, where she was 
once more received with the favour which a queen struggUng 
against difficulties in the cause of a husband and a son might ex- 
pect from the brave men who were her friends. On this occasion 
it is said she and her son, the young prince of Wales, narrowly 
escaped being made prisoners near Chester by a follower of the 
house of Stanley. 

It was likely that in any " well-foughten field " where he had 
the opportunity of choosing his commander, sir John would 
choose, as he did at Blore, to range himself under lord Audley's 
banner, for between that leader's family and his own there was 
an old association involving protection on the one side and 
loyalty on the other, the origin of which, as told by Froissart 
(vol. i. p. 224), is so striking that although long wc venture to 
give the story entire ; 

"After the battle of Poictiers the Black prince inquired of 
those knights who were about him after lord James Audley, and 
asked if any one knew what was become of him, 'Yes, sir,' 
replied one of tlie company, ' he is very badly wounded, and is 
lying in a litter hard by.' ' By my troth,' replied the prince. ' I 
am sore ve.xed that he Is so wounded. See, I beg of you, if he 
be able to bear being carried hither; otherwise I will come and 
visit him.' Two knights directly left the place, and coming to 
lord James told him how desirous the prince was of seeing him. 
' A thousand thanks to the prince,' answered lord James, ' in con- 
descending to remember so poor a knight as myself" He then 





called eight of his servants and had himself borne in his litter to 
where the prince was. When he was come into his presence the 
prince bent down over him and embraced him. saying : ' My lord 
James, I am bound to honour you very much, for by your valour 
this day you have acquired glory and renown above us all, and 
your prowess has proved you the bravest knight.' Lord James 
replied : ' My lord, you have a right to say what you please, but 
I wish it were as you have said. I f I have this day been forward 
to serve you, it has been to accomplish a vow that I had made, 
and it ought not to be thought so much of.' ' Sir James,' an- 
swered the prince, ' I and ail the rest of us deem you the bravest 
knight on our side in this battle ; and to increase your renown 
and furnish you withal to pursue your career of glory in war, I 
retain you henceforth for ever as my knight, with five hundred 
marcs of yearly revenue, which I will secure to you from my 
estates in England.' Sir James then replied to the prince : ' God 
make me deserving of the good fortune you bestow upon me.' 
At these words, being very weak, he took his leave of the prince, 
and his servants carried him back to his tent. When he was 
again in his tent he sent for his brother sir Peter Audley, and 
some other knights his relations, and also for the four esquires 
that had attended upon him that day. and addressing himself to 
the knights he said : 'Gentlemen, it has pleased my lord the prince 
to give me five hundred marcs as a yearly inheritance, for which 
gift I have done him very trifling bodily service. You see here 
these four esquires, who have always served me most loyally, and 
especially in this day's engagement. What glory I may have 
gained has been through their means and by their valour, on 
which account I wish to reward them. I therefore give and 
resign into their hands the gift of five hundred marcs which my 
lord the prince has been pleased to bestow on me in the same 
manner that it has been presented to me. 1 disinherit myself of 
it and give it to them simply and without a possibility of revoking 
iL' The knights promised to bear witness of the gift, and prayed 
taven to reward him for it" 






Afinals of (he 



[Ch 



■■ XX. 




One of the four "squires" whom their leader thus so nobly 
rewarded was no other than John Delves of Doddington. the 
direct ancestor of this sir John Delves, whose family, as an 
honourable augmentation in memory of Poictiers, still bear 
the Audley fret, the right to wear it having been given by 
Audley to his squire at the same time as the pension. 

When however troops were mustering before Tewksbury sir 
John Delves, though he could no longer follow the banner of his 
former gallant leader, still loved the house of Lancaster, and in 
king Henry's cause he hastened to make an offer of his lance. 
He took with him to the contest, where a crown was the stake, 
his son and heir apparent of his own name, and most probably 
sir William Boteler, who had now been knighted and whose ward- 
ship he seems to have purchased. Wanvick, who had been a host 
in himself, was no longer there, and without him the battle was 
sure to be fought at a disadvantage for Lanca.stcr ; but the queen 
had a lion heart, and her party did not desert her. Her host 
fought bravely and well, and the battle (which if we except Bos- 
worth was the last battle of the Roses) was bloody ; but victory 
at length declared for the Yorkists. The young prince of Wales 
the heir apparent to the crown, " the ange! with bright hair dabbled 
in blood" who appeared to Clarence in his dream, and who has 
since appeared to thousands of the readers of Shakspere not in a 
dream, was stabbed to death in the field, and the queen's last 
hopes were scattered for ever. Of those who died in the field 
and those who died afterwards there exist two rolls. In the first 
of these occurs sir John Delves, and in the second John Delves 
esquire his son, of whose fate a poet thus takes notice: 

"Young Delves his father's fate had scarcely known, 
When he was summoned to receive his own." 

Sir John fell in the battle and the son aftenvards lost his I 
head by a stroke of the headsman's axe. He was amongst I 
the prisoners who were at first pardoned, for the king entering I 
the church of Tewksbury with his sword drawn was met by a J 



_L^ 




Chap. XX.] Lords of IVafringtoH. 329 

priest with the host, who barred his further passage until he 
had granted hrs pardon to all the prisoners in the church, who 
after this might all have escaped. Trusting in the pardon 
however they remained in the church from Saturday until Mon- 
day, and were then beheaded. (Dugdale's Pedigree of the Brough- 
totis, in the possession of the family.) 

Sir John and his son were first buried at Tewksbury, but were 
afterwards disinterred and re-buried at Wybunbury. (Leland's 
CoUeetanca in the Bodleian.) 

Neitlier of the two bloody lists mentions sir William BoteJcr, 
unless he be meant by the person who occurs in the latter list 
as sir William Votary ; in which case there is a discrepancy 
between the date of his death and that given in his inquisition 
post mortem, which states him to have died on the 8th June 
1471, little more than a month after the battle; and leaves us 
to presume that there is either some mistake in the inquisition, or 
that he fled from the battle wounded, and " like a stricken deer" 
came home to die. (Brooke's Visits to Fields of Battle, p. 131 ; 
Archaologia, 13th April 1820,) 

Like most of the old inquisitions post mortem that of sir Wil- 
liam Boteler makes no allusion to the place or the occasion of his 
death. In this respect the inquisition on his ancestor who died 
at the siege of Harfleur is equally silent. Sir William's inquisi- 
tion, which has been fortunately preserved by Dodsworth {MSS., 
voL cc, pp. 407, 2014) and which we give at length in a transla- 
tion, is as follows : 

"An inquisition taken at Weryngton on Monday next before 
the feast of the annunciation of the blessed Virgin Mary, in 
the t2th of Edward IV. (?3rd March 1472}, before sir John 
Pilldngton knight the cscheator, by the oath of sir William 
Haryngton knight, Henry Hoghton. Thomas Norrays and 
others, who say that sir William Boteler knight did not hold any 
lands or tenements within the county of Lancaster, because they 
say that sir John Boteler knight, father of the aforesaid William 

1 of one Thomas Boteler who is yet living, gave by his char- 






Annals of the 



• XX 



k 



ter to sir Thomas de Haryngton knight, Thomas de Dutton 
Hamon le Mascy dc Rixton, Thomas Mascy parson of Weryng— 
ton church, Richard Brown vicar of the churcli of Pulton, Ricliard 
Mascy, Thomas de Pemberton (since deceased) and John HoU 
croft and their heirs, all his manors, messuages, mills and landft. 
within the county of Lancaster, by virtue whereof they were 
seised of the same in their demesne as of fee. They say also that 
the said Thomas Botcler is the brother and next heir of the said 
William, because they say that one Hugh Bachelcr chaplain, by 
a certain fine dated at Westminster on the morrow of our LordV 
ascension, in the 14th year of Edward III. (26th May 1340),, 
granted the manors of Eccleshall in the county of Warwick, and 
the manors of Laton Magna. Laton Parva, Bispeham, Warthe-* 
brck and Mcrton Magna, and all his lands and tenements In: 
Atherton, Westley, Penyngton, Bold, Lydegate, Thornton. Cul* 
cheth, Egargarthe, Tildcsley, Glasebrook. Bedford, Halsall, Ince 
and Windhull, and tlie manor of Great Sonkey, and one-third of' 
the manor of Weryngton to one William Boteler and Elizabeth 
his wife for tlieir lives; with remainder to Richard Boteler and 
Joan his wife and their heirs ; with remainder to John the brother 
of the said Richard and his heirs ; which same William and Eliza- 
beth died, and Richard and Joan died without heir, and [the 
lands] remained to the said John brother of the said Richard and 
his heirs. They say also that one Henry Bowre chaplain, by a 
certain other fine dated at Westminster on tlie octave of St. John 
the Baptist's day, in the 6 of Edward III. (1 July 1332), granted 
to [the said] William Boteler and Elizabeth his wife and tlieir 
heirs, 40 messuages, 440 acres of land, 20 acres of meadow, 300 
acres of wood, 400 acres of turbary, and two parts of a mill at 
Burtonwoode and two parts of the manor of Weryngton, and the 
advowson of the church of the same manor, and all other his 
manors and lands not contained in the above fine ; which same 
William had issue the aforesaid Richard and John, and died, and 
the said Richard died without heir. Afterward the aforesaid John, 
as the brother and heir of the aforesaid Richard, entered into 



Chap. XX, 1 Lords of Warriiigion. 331 

and was seised of all the aforesaid premises, and was thereof 
seised in his demesne as of fee ; which same John had issue sir 
William Boteler knight his son and heir and died ; which same 
William had issue sir John Boteler knight his son and heir and 
died; which same John had issue sir John Boteler knight his son 
and heir; which same John had issue the aforesaid sir William 
Boteler knight, in this writ named, and Thomas the brother of 
the same William ; and the aforesaid William died without heir, 
and the aforesaid Thomas is yet living and his next heir, and 
is of the age of ten years. And that the aforesaid William 
died on the eve of the Holy Trinity in the eleventh year of Ed- 
ward IV." 

The statute of Westminster the 3nd, commonly called the 
statute {{e donis conditionalibus, passed in 12 Edward I. (1285), 
was the first statute which created entails by which land in Eng- 
land was rendered inalienable by the tenant in tail except for his 
own life. This statute, which until now had been in full force. 
at this time about to receive its death blow, not by another 
of parliament but by the construction put upon it by the 
jes in Westminster hall ; who having observed the ill effect 
of the law of entails in cramping the free transfer of land decided 
in Taltarum's case in 1 2 Edward IV., the very year in which the 
above inquisition was taken, that an entail might be destroyed 
by a common recovery, a process of law in which the tenant in 
tail, in order to destroy the entail, suffered some one to recover 
the land from him in a feigned action at law. This explanation 
seems in place here after the long deduction of title and pedigree 
which has just been given in sir William Botelcr's inquisition 
post mortem. 

After the death of his ancestor, who died at Harfleur aged 
about 40, sir William Boteler was the third of his race in direct 
succession who had died in early manhood, his grandfather having 
died at 28, his father at 34, and now he himself, the youngest of 
the three, had died on the very eve of his coming of age ; thus 
three generations liad come and gone in less than seventy years, 



332 Annals of the [Chap. xx. 

But such mortality was perhaps not uncommon in those trou- 
blous times. Having died without issue sir William was suc- 
ceeded by his brother Thomas. 

His widow Johanna, a daughter of the house of Troutbeck, to 
whom he was married in his father's lifetime, survived him and 
afterwards married William Griffith. (Harleian MSS., 1505, 
fol. 132^.) 



CiiAp, xxi] Lords of Warriiigtoit. 



\ 



CHAPTER XXr. 



SIR THOMAS BOTELER, FIFTEENTH BARON. 



SIR Thomas Boteler, who succeeded to the family estates 
on the death of his brother although only lo years of age, 
was probably already contracted in marriage to Margaret the 
daughter of sir John Delves, whom he afterwards married. This 
contract of marriage was probably the result of the purchase by 
sir John of the marriage and wardship of Thomas Boteler in the 
lifetime of his brother. Sir John's death in arms against the 
king at Tcwksbury has led to an opinion that the wardship then 
devolved by forfeiture to the crown {Lane. Chantries, vol. i. p. 57, 
in HOtis), and though there is no absolute proof of this, the cir- 
cumstance, which in itself seems probable enough, is strengthened 
by what took place after it had been found by sir William Botc- 
ler's inquisition post mortem that all his father's lands had been 
vested in trustees by a deed of feoffment, and that he had 
in reality left no lands. In the belief that sir William had died 
a traitor's death the crown would naturally be disappointed 
at not reaping the fruits of his treason in the shape of either a 
forfeiture or a profitable wardship. Accordingly, on the 22nd 
August 1474. there issued a commission ad melius tuqitirendmH 
directed to sir Peter Legh and sir Thomas Gerard knights, 
Richard Bold, James Scaresbrick and John Hawardyn esquires, 
and the high sheriff of Lancashire, which, after reciting sir 
William's inquisition post mortem and that the king desired to 
be more fully certified of the premises, commanded the com- 
; to inquire for what cause and to what effect and 



354 Ammals of the [Chap. xxi. 

purpose the UxMnnent ment>i>aed in the inquisition was made, 
and whether or not bv fraud or collusion in order to exclude the 
king frv>ni the custody of the lands and the marriage of the heir 
of sir John BoteJer, s:r William s lather ; and whether sir John, 
of his own authvMritv and without the license of sir Thomas 
HankTigton and the other tnasiees. did make any demise or lease 
of any of the premises^ or any w^y dispose thereof as of his own 
fee. The result of the in^quir^- it is to be presumed was satisfac- 
tor\\ for on the ^)th Xowmber follo\i-ing the commissioners 
receivwl a jr^A^rAx^iw cvxnmandini!: them to surcease from their 
inquir\% and to prvveed no further in the matter. {Origitial Com- 
misisi^^i^ Duchy onice,^ The inquiry* thus instituted strengthens 
the sup^xviution that sir William Boteler died, as we have sup- 
posevi. at Tewksbur}i\ 

Lor^l Stanley* who was now treasurer of the king's household, 
had marricvl that noble lady. Margaret countess of Richmond. 
She was a great patroness of learning, and her husband s halls of 
Lathom and Knowsley became the fa\x>urite resort of many 
of the learned. Hugh Oldham bishop of Exeter and William 
Smith bishop of Lincv^ln were amc^ngst those who resorted there, 
and owed to the cv^untcss some p.irt of their rise to stations of 
dignity and usefulness. Hugh Oldham, sprung from the Lan- 
cashire town of his name, sleeps in Exeter cathedral under a 
sumptuous tomb, which is a sort of phonetic hierogl>'phic figured 
ON'er with owls, suggesting the bishop's name without the neces- 
sity of spelling it. He founded the Manchester grammar school, 
and died in 1320; and it was his example that sir Thomas 
Boteler, the countess's nephew by marriage, who had kno^-n 
him at Lathom. followed in founding the grammar school at 
Warrington. Famworth, where bishop Smith was bom and 
where his house may >"et be seen, is still nearer to Lathom. He 
was a great benefactor to the neighbourhood and one of the 
founders of Brasenose, and sir Thomas Boteler had doubtless 
known him also at Lathom. 

On the same day that the inquisition on sir William Boteler 



Chap. XXL] Lords of Waryitigtoii. 335 

was taken at Warrington (22nd March 1472) another inquisition 
was taken on Henry HaJsall esquire, a feudal tenant of the Bo- 
telers. It was found by this that he held his lands "de Jacobo 
Harington, (Waltero Wrofesley ?), Johanne Assheton militibus, 
Thomi Pilkington, Roberto Harington militibus, Thomd Byrom 
persona eccl. de Werington, Henrico Herdman chaplain, Tliomft 
Hawardyn et Thom4 Holcroft," as of the manor of Weryngton 
by knight's service, and that he died on the 20th July 1471- It 
is remarkable that this inquisition mentions neither sir Thomas 
or any other Boteler, probably because the inquisition on sir 
William, although dated the same day, was not taken after but 
before it. 

The king, possibly to secure in his interest his great subject 
lord Stanley who had married a Lancastrian wife, in the year 
1474 retained his lordship to serve him for one year in his wars 
in France with forty men-at-arms and three hundred archers; 
and as in tliose times young men carried a lance at an early age, 
it is likely enough that sir Thomas Boteler formed one of lord 
Stanley's retinue on this occasion. (Collins' Peerage, p. 55.) 

A second inquisition of the Halsall estates, probably because 
some of them had been found to be omitted from the first, was 
taken at Ormskirk on the i5t!i June 1479, and by this it was found 
that their owner died on Sunday next after the assumption of 
the Virgin, r8th August 11 Edward IV. (1471), a date which 
varies by nearly a month from that of his death as stated in the 
former inquisition, and shows not only that an inquisition was 
not infallible, but strengthens the presumption that the date of 
sir William Botelcr's death as given in his inquisition was not the 
true date. In the case of his ancestor who died at Harfleur, as 
we have before remarked, the date of his death as given in the 
inquisition differs from that on his tomb. The second Halsall 
- inquisition also found that he held the manor of Halsall from 
James Haryngton, John Assheton, Robert Haryngton and Tho- 
mas Pilkington knights, and Thomas Hawardyn (the Boteler 
trustees), as of their manor of Weryngton by knight's service. 

XX 



336 



Annals of the 



[C.I. 



For the number of plots, real or imaginarj-, the year 1479 was 
remarkable even in those unquiet times. To remove his brother 
and make the way more open for himself, the cruel, ambitious 
and Intriguing Gloucester, who, while he was hastening on his 
brother's death, thus soliloquised upon it with bitter irony : 

"Go tread the path Chat thou shall ne'er reCuni, 
Simple plain Clarence; I do love thee so 
Thit I will shortly send thy soul to heaven ?" 

And SO Clarence was drowned in a wine butt, and some others 
on very slight grounds were put to death for treason. Those 
recent trials and the political convulsions of tlie time made 
many men (particularly those of the Lancastrian party, of which 
there were many in Lancashire) fearful for their safety, and 
great numbers of the Lancashire gentry applied for and ob- 
ta'iied from tbe crown letters of general pardon, which they 
v\%<.\\. iise as a shield if they should be accused. (Dodsworth's 

The Botelers had ever been active in maintaining and support- 
ing the bridge over tlie Mersey at Warrington. In the j'-ear 1453,. 
as we have seen, they had invoked the aid of the Church to assist 
in fonvarding the good work of its reparation, and now when it 
again needed repair they again resorted to her for aid. On the 
former occasion, when such aid had been readily granted, Wil- 
liam Booth a native of this neighbourhood was ardibishop of 
York ; and now when, singularly enough, his brother Lawrence 
Booth occupied the same archiepiscopal seat, it was as readily 
granted ; for on Hie i.st July 1479 he issued his letters of in- 
dulgence granting to every person who, after due contrition and 
repentance, should contribute towards the repair of the bridge 
a forty days' indulgence. But the entry of this indulgence is 
so curious for its Latinity that it deserves to be given in full: 
Indulgeutia 40 dierum pro cofistructioium {sXc) /xiutis Jiixta villant 
de WeryngtoH super le merse. {York Fabric Rolls, p. 240, Sur- 
tees soc.) Indulgences of this kind sprang from the power of 



the keys which the Church then assumed to possess of remitting 
the punishment due to sin. Such an indulgence as this was a 
work of charity, of which, without paying for it, the public de- 
rived tile benefit ; but in point of duration and extent it bore no 
proportion to that indulgence engraved on the brass over Roger 
Lc^li's grave in the Savage chapel at Maccleslield, which pro- 
mises that for saying certain aves and a cr^eto the pardon shall 
be xxvi. thousand )fears and xxvi. days ! 

The priory of Lytham, an object dear to the Botelers as being 
almost an offspring of their house, had been blown down by a 
hurricane of wind, and the prior and his brethren set about re- 
building it. They thought wisely however of their church first, 
and as soon as that was finished they obtained from the arch- 
bishop of York a license to have service in it, and the entry of 
this license is so remarkable for its Latinity as to show that the 
scribe was either ignorant or negligent: Liceittia {13/^ August 
1479) priori ct fratribits de Let/torn ad cehbrandum in capella 
noviUr edificata quia moimstcrium venemciitibus vcntorum turbi- 
nibus totalitcr deslructa est. { York Fabric Rolls, p. 240, Surtees 
soc.) 

On the 2Sth November 20 Edward IV. (1480) the family deeds 
mention for the first time the name of Thomas Botcler's wife, 
who was then assured of her jointure by a grant from Henry 
lord Grey and the other family feoffees to her and her husband 
of fifteen messuages and tivo tenements in Great Sankey. (Sir 
Thomas Boteler's Inq. p. m.) The next day Thomas Boteler and 
Margaret his wife, described as the daughter of sir John Delves 
knight, appointed Thomas Massey and Isaac Cokeson as their 
attorneys to receive for them seisin of the manors of Exul in 
Warwickshire and Grafton in Wiltshire. (Kuerden and Dods- 
worth's MSS. 

On the 2nd June 21 Edward IV. (1481), while Thomas Boteler 
was still under age, by a deed dated at Warrington, Henry 
lord Grey (his stepfather), master James Stanley archdeacon of 
Chester and rector of Warrington (his mother's brother), Ralph 







Annals of tkt 



LoogVy warden of Manchester odlcgc^ Robot FoaAe^Hint, 
TbooBs Gerard and WiOiani Haiyngtao knight^ John I^rroii, 
Ridiard Langtoo, Alexander Houghton (ElizabcUi Troutbcdfs 
faiuband). Robert Sbirebum the elder of Stan>-faiirst, RkJiani 
Townley, John Hainwahng son of Wniiam Mainvaiing and 
Thomas Norris esquires, and Juba Pert rector of the cburch 
within the castle of Codno^-er (lord Grey's seat), released to Tho- 
mas Botcler all their right and title of and in all the Boteler 
manors and hereditaments in Lancashire, Wamickshire and 
Wiluhirc, which they had lately acquired by the feoffment of 
John Holcroft deceased. Thomas lord Stanley, his mother's 
brother, and his son George Stanley lord Strange (both of whom 
arc immortalized in the drama of Richard III^, were amongst 
the witnesses to the deed, which shon-s that a good understand- 
ing was then existing between Thomas Boteler and his mother's 
family. (Lord Lilford's Dads.) 

On the 4th July 22 Edward IV. (1482) Thomas Boteler must 
have been of full age, for on that day he sued out his patent, 
dated at Lancaster, and which at the end has this addition, " per 
ipsum rcgcm de dati predict^ auctoritate parliamenti," by which 
he had granted to him special livery of the lands of his late 
father sir John Boteler, and of sir William Boteler his late bro- 
ther. (Original in lord Lilford's Deeds.) 

In August of the following year the duke of Gloucester, at 
the command of the king, advancing towards Scotland, laid 
siege to Berwick and took that town on the 26th. The castle 
however still held out, and, unwilling to lose time upon i^ the 
duke left lord Stanley in command of the right wing of the army 
consisting of four thousand men to prosecute tlie siege, while he 
himself marched on to Edinburgh. On this occasion lord Stan- 
ley numbered many Lancashire men in his host. One of them, 
.sir I'ctcr Lcgh t>f Bradley in Burtonwood, on the surrender of the 
castle, was knighted and made a banneret at Hutton Field, and 
it is not improbable that his neighbour, Thomas Boteler the 
lord of Bewscy, a place very near to Bradley, was there also. 




Chap. XXL] 



Lords of WarringtO) 



339 



(Hall's Chroti., fol. 2430; Rapin's Hist. Edward IV) The 
duke of Gloucester gained golden opinions in tlie north by his 
popular manners and social qualities in this expedition ; but 
either in his going or returning from it some jealousy seems to 
have sprung up between the rival commanders, and two or more 
encounters are said to have taken place between their men, and 
in one of these which took place near Salford bridge, when lord 
Stanley's men had the advantage, they took one of the duke's 
banners, of which a rhyming chronicler thus takes notice : 

"Jack of Wigan he did take 

The duke of Gloucester's banner, 

And hung it up in Wigan church 
A monument of honour." 

(Glower's metrical ballad cited in Miss Halhead's 
Life of Richard III., vol il p. 67.) 

Hanging up banners for tokens goes back to the Psalmist's 
time or before. 

On the 2Sth February 22 Edward IV. (1483), being now of 
age and in full possession of his estates, Thomas Boteler exe- 
cuted a new family settlement by which he limited the estates 
first to himself in tail, then to Thomas lord Stanley in tail, and 
afterwards to the right heirs of his father sir John Boteler. (Lord 
Lilford's Deeds) 

King Edward IV. died on the gth April 1483, and on the 5th 
June following Thomas Boteler of Bewsey, his half brother Wil- 
liam Troutbeck, and forty-seven other persons were summoned 
to be in London to receive knighthood in honour of the corona- 
tion of the young king Edward V., which was fixed for the 22nd 
June following. "All was prepared for the coronation, wild-fowl 
for the banquet and dresses for the guests " (Stanley's West- 
minster Abbey, p. 72); and the knights elect were required to be 
in London four days before the coronation, which, considering 
what followed, was ominous. The summons, which we give at 
h because it is curious, ran as follows : 





340 



Amials of the 



[Chap. XXt \ 



"Trusty and we!e beloved, we grete you well, and by the advise of 
our dearest uncle the Due of Gloucestre, protectour of this our royaume 
during our yong age, and of the lords of our counsell, we write unto you 
at this lyme willing and nathelesse charging you to prepare and furaishe 
yourself to receive the noble order of knighthood at our coronatioD, 
which by Godd's grace we entende shall be solempnized the xxii day 
of this present moneth, at our Palays of Westminster, commanding yoo 
lo be here at our Toure of London fore days afore our coronation, to 
have communication with our commissioners concemying that matter, 
not failing hereof in anywise, as ye entend to please us and ye wifl 
answer. Giiven the v. June 1483." (Rymer's Fauierei, vol xiL p. 185.) 

It was at this meeting of the council, and while it was still 
deliberating on the order for the coronation, that the scene so 
vividly described in tlie drama took place, when the protector 
suddenly and abruptly ordered lord Hastings to execution; at 
which scene Thomas Botcler's uncle lord Stanley was present 
{Richard III., act iii, sc. 4.) If, as is probable, Thomas Boteler 
and his companion knights elect were then in London, they had 
great reason to be thankful that they were only knights and not 
of a rank to be present at the council board. But, alas ! on the 
22nd of June, the day when the coronation should have taken . 
place, the young king lay in the arms of death filling a secret 
grave, and the usuqier, Gloucester, hastened to change the order 
for hia nephew's coronation into a preparation for his own. On 
the 4th of July, two days before that event, he made seventeen 
knights to grace the ceremony (Miss Roberts' Houses of York ■ 
and Lancaster, voL ii. p. 360), and the ill omen implied in Tho- 
mas Botcler's summons was made sadly too plain. 

One of , the protector's pretences for setting aside the youngs' 
king Edward V. was that he was illegitimate and not born itt 
lawful matrimony, by reason that his father before, and at the 
time of, his marriage with his queen Elizabeth Grey, was already 
married by a pre-contract per verba de preesenti to lady Eleanof 
Boteler, daughter of the famous John Talbot earl of Shrewsbury 
and the widow of sir Thomas Boteler, a son of Ralph lord Boteler 



Chap. XXI. 1 Lords of Warrington. 341 

of Sudeley. (Miss Roberts* Houses of York and Lancaster, vol. ii. 
p. 338.) This lady, who died in 1466, was a great benefactress 
to Corpus Christi college, Cambridge, but except in name she 
was in no way connected with the Bewsey family. The attempt 
to prove this marriage by pre-contract was worthy of its author's 
audacity, but it failed as it deserved, and he resolved to take by 
force the crown he could not obtain by fraud. 

Holding fast by his old family attachment to the house of 
Lancaster Thomas Boteler either did not obey the protector's 
summons to London, or — for which all honour be to him — he 
declined the proflcred knighthood, for when we next hear of him 
he slill appears without any knightly prefi.x. He may have 
heard of lord Stanley's dreaming of the boar and its tusks, by 
disregarding which ominous warning lord Hastings lost his head 
(Holinshed's Cltroriidcs.) 

On the iSth October 14S3, the same day on which the duke 
of Buckingham first raised the standard of revolt and appeared 
openly in arms against the king, Edward Plumpton, lord Strange 's 
secretary, wrote a letter in which he says : " People in this coun- 
try be so troubled in such commandment as they have in the 
king's name and otherwise marvellously that they know not what 
to do. My lord Straung goeth forth from Lathom upon Munday 
next with X,M. [ten thousand] men, whether we cannot say. The 
duke of Buckingham has so many men as yt is sayd here that he 
is able to go where he wyll, but I trust he shall be right with- 
standed and all his malice and els were great pyty." (Plumpton 
Papers, pp. 44, 45, Camden soc.) The editor of these papers adds 
that the near approach of lord Strange with his ten thousand 
men doubtless mainly contributed to the dispersion of the duke's 
forces and the crushing of the rebellion. It was this fonvardness 
also on the part of lord Strange that probably induced the king 
at this juncture to set lord Stanley at liberty. (Miss Roberts' 
Houses of York and Lancaster, vol. ii. p. 340.) This account of 
lord Strange's conduct, though it differs from the view given of 
it in the drama of Rielutrd HI. which our great bard derived 





342 



Annals of ike 



(Ch> 



from the chroniclers, is very probably true ; and it may have^ 
been one of the reasons which led the king in the following year"! 
to constitute lord Strange one of his commissioners to raise forces T 
in Lancashire and Cheshire. {Hist. Lan., vol. \. p. 429.) We have 1 
not the muster roll of the great host which marched with lord. I 
Strange, but if we had it is probable that the name of Thomas J 
Boteler, although its leader's cousin, would not have been found I 
in it. On the other hand his family trustees were consistent J 
Yorkists, and shortly after this time three of them, sir James and 3 
sir Robert Haryngton and sir Thomas Pilkington, ranged them-r 
selves and fought on the side of the usurper. {Ibid. vol. i. p. 438.)9 

The political aspect of the times was disturbed. Distrust sat ■ 
beside tJie king on his usurped tlirone. Faithless himself and 
distrusting all about him, the king put little faith in his servants ; 
and though lord Stanley was the steward of his household he 
procured an act of attainder against his wife the good Margaret, 
of Richmond, who, as a Lancastrian, was an object to him of sus- 
picion, and her life hung by a thread. 

But notwithstanding the darkness of the poUtical horizon there; 
was time at Bewsey for " marrying and giving in marriage," and' 
in 3 Richard III. (1485) sir Richard Bolde knight and his son and 
heir apparent Henry Bolde esquire, near neighbours of the B<K 
telers, granted by their charter to Thomas Boteler, whom theyj 
expressly style esquire, the wardship and marriage of Richard' 
Bolde, son and heir apparent of the said Henry Bolde, and. 
directed that at the will and pleasure of the said Thomas Boteler 
he should, within thirteen years then next, take to wife Margaret 
Boteler his daughter ; and it was agreed that if the said Richard 
should die before the marriage then that Togher (Toucher) Bolde 
his brother should marry her, and that, upon either of such mar- J 
riages taking place, a suitable estate should be made to the mai 
riage trustees, three of whom were to be Richard Delves clerk;v 
Thomas Hawarden and Thomas Massy. (Dodsworth's jT/.S'5.)I 
A contract like this shows how young people's hands were thenjl 
disposed of, and how little their affections were consulted in thcT 



Chap. XXI.] 



Lords of Warrington. 



343 



matter. This contract, and probably as a consequence of it, was 
followed by a charter in which Thomas Boteler granted to sir 
Richard Bolde knight, and Henry Boldc, John Byrom, and 
Henry Egerton, his manor of Warrington, the advowson of its 
parish church, and all other his manors in Warrington, Burton- 
wood, Little Sankey and Laton. {Kucrdcn MSS., p. 60.) 

Being now in full possession of his estates Thomas Boteler felt 
some of that instinct which lord Bacon somewhere says leads 
men to desire to acquire and retain full dominion over their pro- 
perty for life, and to be able to restrain and direct its use ever 
after. Influenced by this feeling, and with a prudent desire to 
preserve the possessions of his ancient house in the same line in 
which they had so long continued, Thomas Boteler was minded to 
make a family settlement. In his time however, when all lands 
were held in trust, it required some circuity to effect this. The 
lands were first to be conveyed to one or more persons, usually 
some of the family friends, who then became apparently, but 
only apparently, the legal owners, while the use and interest in 
them remained in the grantor, whose directions they were bound 
to fulfil. This first grant was generally followed by a second 
one declaring the trusts on which the trustees held the lands, 
which in general were cither for the purpose of a family settle- 
ment or to perform the grantor's will ; for until 32 Henry VIU. 
a man could not devise his lands, though he might dispose of the 
use of them, so that the trustees were a sort of flexible conduit 
pipe to convey the uses of tlie owner's property in what way so- 
ever he wished. 

As the head of his house Thomas Boteler in pursuance of his 
purpose now proceeded to get in from all the family trustees 
and vest in himself the whole of the Boteler estates, which he 
effected by a grant dated the iSth July 3 Edward III. (1485), 
in which John Crosse, Robert More and Ralph Blacklache chap- 
lain released to him all their right and title to certain manors of 
which he had enfeoffed them in Lancashire, Wiltshire and Essex 
: Bedfordshire estates for some reason are not mentioned). 





344 



Annals of Uie 



[Chap. XXT. 




This deed was witnessed by Thomas lord Stanley and his son 
George lord Strange (two historic characters who within a few 
short weeks were to appear on a very different scene, the field 
where a crown was to be lost and won), and by sir Edward 
Stanley, sir Richard Bolde and Peter Warburton esquire. (Bola 
Deeds ; Cent. Mag., 1863, p. 349, where these deeds are printed 
in exteitso.) The presence of lord Stanley, Thomas Boteler's 
uncle, and lord Strange his cousin, among these witnesses, who 
must have come from a distance to Bewsey where the deed bears 
date, again shows that then at least there was no ill-feeling 
between them and liim. 

On the same day that Thomas Boteler thus re-acquired the 
family estates he granted the whole, except the fifteen mes- 
suages and two tenements in Sankey, his wife's jointure, to- 
Robert Fouleshurst, Thomas Gerard, William Harj'ngton and 
Alexander Houghton knights, and Henry Boldc, John Byron 
and Hugh Egerton esquires, and Richard Delves and John 
Longton clerks, upon trust to perform his will. {Bold Dceds^ 
According to the fashion of the times, to which allusion has 
already been made, this deed was followed by another dated 
the next day, by which Thomas Boteler granted to the s 
trustees his manor of Warrington with the advowson of the 
church and the manors of Burtonwood, Great Sankey, Little 
Sankey, Laton Warbrcck, Marton and Bispham, to hold th«- 
last four manors to Thomas Boteler and Margaret his wife foP! 
life in jointure, with remainder to Thomas Boteler in fee, subject' 
to a proviso in case of his death within sixteen years for the 
payment of xx, marcs out of lands in Burtonwood and Sankey. 
to one Hugh Boteler for life, and for the payment out of the- 
rest of the lands at the end of the same sixteen years of thtt' 
grantor's debts and legacies, and also for employing some parte 
the residue for his children, and the rest for the benefit of his 
soul, and if the living of Warrington should fall vacant within 
the same sixteen years, that Margaret Boteler's brotlier, Richard 
Delves, should be presented to it. These trustees were chiefly 




I J otht 



Chap. XXI.] Lords of IVarrhiglon . 345 

relations or family connections of the Boteters. Sir John Byron, 
tlie second of them, was the son of that Nicholas Byron who 
married Alice, Thomas Boteler's aunt, and was therefoce his 
cousin ; but the kinship which he claimed with sir Robert Foules- 
hurst, the first of these trustees, whom he also calls his kinsman, 
must have been ofa remote nature, for although Fouleshurst seems 
to have been not an uncommon name at Warrington where one 
Nicholas Fouleshurst was a chaplain in 18 Edward III., yet no 
J other connection between tlie Botelers and the Fouleshursts has 
■r traced except by a marriage between the latter and the 
Asshetons who were allied to the Botelers — a relationship which 
savours of that proverbial kinship between those domestic articles 
the sieve and the riddle, which arc both bound with rims from 
the same wood. But blood is thicker than water, and in those 
days the ties of kinship extended very far, and let us hope the 
circle of the affections widened with them. 

By some inadvertence for which we cannot account Thomas 
Boteler in his will speaks of this last deed as made on " Friday 
next before St. Margaret's day 3d Richard III.," which would 
really make its date not the 19th but the 15th of July 14S5. 
These discrepancies when they occur in old charters are a fruit- 
ful source of perplexity to the antiquarian inquirer. 

On the gth March 1485 a Thomas Boteler of Coventry (Exul 
one of the Boteler possessions was within the limits of that city) 
was cited before the bishop for openly maintaining "quod non 
crant nisi duje vIk ad cceium et ad inferum, ct quod nuUus sus- 
tineret aliquam pccnam post mortem Christi pro aliquo peccato 
quia Christus moriebatur pro peccatis nostris. Item quod 
nullum est purgatorium quia quilibet immediate post mortem 
transit ad cceium vel ad inferum. Item quod quilibet dccedens 
in fide Christi et ecclesi^ qualitercunque vixerit salvabitur. 
Item quod orationes et peregrinationes mullius sunt effectus et in 
nihilo possunt ad obtinendum coelum. Item quod quando pres- 
byter ascendit in pulpitum ' scivit ' quid ipse vult dicere ita bene 
sicut ipse presbyter," 





346 



Annals of the 



[Ch, 




This man, who was not one of the Bewsey family, though he 
had not foiuid his way to the truth, was one of those whose 
minds had been stirred by the religious questions then afloa^ 
and was one of the early rebels against Rome. On being cited 
to answer for his offence before the bishop he recanted his errors 
and was absolved. {Lichfield Register.) He does not appear to 
have been one of that association of Christian brotherhood to 
which Richard Boteler belonged who was persecuted in 1525.. 
(Foxe's Martyrs, vol. iv. p. '78 ; Froude's Hist. vol. ii. p. 26.) 
Nor does it appear that he had the Christian courage either rf 
his fellow citizen Lawrence Saunders, who was burned for heresy 
(Foxe's Martyrs), or of that other Thomas Boteler, who was cap- 
tured and made a slave by a Sallee rover at the age of 14, and 
who some time after effected his escape and made his way to 
Paris, where having been found begging he was required either 
to renounce his Protestantism or be sent to the galleys, whea 
he bravely chose the latter alternative. (Cotton MSS.) 

In the beginning of the year 1485 Thomas Boteler was ap^ 
pointed a justice of the peace for the county of Lancaster, a 
in the commission he was still styled an esquire. 

Notwithstanding the king's well-known character for bravery 
and military skill, and his recent suppression of Buckingham's 
rebellion, men could not be blind to his crimes, nor could these 
fail to make him unpopular; and hence in 1485, as the hope 
again revived of displacing him and seating Henry of Richmond 
upon the throne in his place, the Lancastrians once more took 
heart, and at Milford where Richard IL had landed to lose i 
crown Henry of Richmond now landed to challenge it from ' 
another Richard. The Leghs of Bradley, Thomas Boteler's 
next neighbours, were Yorkists by inheritance, and sir Peter 
Legh who four years before had succeeded his grandfather and 
was now the head of his house, had borne a lance in the wars 
before Berwick under the present king when he was duke of -J 
Gloucester, and had been made a banneret by the duke's hand] 
at Hutton Field in 1482 ; and, as if that were not enough, t 



•ok 




UP- XXL] Lords of Watrington. 347 

king immediately after his accession granted him an annuity of 
ten pounds a year for his h'fe. for which he probably looked in 
return to have his future services. (Harl. MSS.. cat. i. p. 261.) 
His ancestors had always held the Yorkist side, and he held to 
the king also as his old commander in arms, who, notwithstand- 
ing the ill odour of his memory in history, lord Bacon tells us 
was popular in our northern parts, where "the remembrance of 
him lay like lees in the bottom of men's hearts, and if the vessel 
were but stirred it would come up." {Hist. Henry VII., p. 67.) 
There was still therefore a Yorkist as well as a Lancastrian 
party in Lancashire, and when men were mustering in arms 
under lord Stanley and his son lord Strange, and when the 
leanings of these leaders were known to be Lancastrian. Thomas 
Bolder buckled on his armour to join tliem, and on the 22nd 
August 1485 when a crown was the stake, he was doubtless 
present at Bosworth to see it lost and won, near to that spot 
where an inscription on a well in the field from the pen of a 
learned scholar, commemorates one of the last acts of king 
Richard's life : 

" Aqua ex hoc puteo haustd 

ISitim sedavit 
I Ricardus tertius rex Anglic 

^ Cum Henrico comite de Richmondia 

^^^B Acerrime atque infensissimc prcelians 

^^^H Et vita pariter ac sceptro 

^^^H Ante noctem caritunis 

^^^^ xi. kal. SepL mcccclxxxv." 

Either on the field at Bosworth or at the coronation shortly 
;erwards Thomas Boteler won the right to wear his knightly 
spurs, and henceforth he is no longer styled an esquire but sir 
Thomas Boteler knight. Sir William Troutbeck, the first hus- 
band of sir Thomas Boteler's mother, had shed his blood at 
Blore in the cause of Henry VI., and now his son of the same 
name, sir Thomas Boteler's half brother, was present and fought 
at Bosworth for Henry of Richmond, who then became Henry 




348 



Antmls of the 



[Cm. 




VIL (Rotuli Pari., voL vu p. 32a) This fact we Icam from a 
petition which he presented shortly afterwards, in which he tells 
us that from his ancestors, who had held it for more than two 
hundred years, he had inherited the manor of Oxhey in Hert- 
fordshire, 3. property which adjoined and perhaps jostled too 
nearly the king's manor of More. King Edward IV., like the 
monarch in Israel of whom we read, cast a longing eye upon 
the property of his neighbour subject, and the latter though 
unwilling to part with it was not willing to incur the Jezreelite's 
fate, and having more of the willow than the oak he at length 
reluctantly surrendered to the king his ancestral possession. 
After the new king's accession William Troutbeck petitioned to 
have his property restored, and the king graciously acceded to 
the petition. 

The new king was hardly seated on the throne before it was 
threatened by Lambert Simncl. who, pretending to be the duke 
of Clarence's son the carl of War^vick, a Yorkist prince, chal- 
lenged as his that which the king had so lately won. After 
marching into the very heart of the kingdom, the claimant's 
army confronted the king's host at Stokefield on the i6th June 
1487. Lord Strange, who was again in the field on the king's 
side, had brought with him, we are told, "a great host enough 
to have beaten ail the king's enemies only of the earl of Derby's 
folkcs and his own." {Plumplon Papers, 89, 90, Camden soc) 
Edward Plumpton, lord Strange's secretary, who was with his 
master in the battle and gives us this information, writing 
afterwards from Lathom, says, "I have given my servant the 
black horse that bore him from the field ;" an incidental notice, 
which reminds us of one of Wellington's postscripts to his des- 
patches, in which he tells us that the French had taken prisoner 
Tom Waters, the best earth-stopper in the army. The king was 
again victorious, and history gives us a list of more than sixty 
persons who were knighted on the field after the battle. Amongst 
these were Henry Bolde, sir Thomas Boteler's near neighbour, 
and the petitioner of Oxhey, William Troutbeck, sir Thomas's 



CHAr. XXI.] Lords of Warrington. 349 

half brother. (Brooke's Battle Fields, p. 177-) Sir Thomas, 
although he was probably in the battle, is not mentioned in 
the list, because his services had been previously acknowledged 
and rewarded. 

It is remarkable that another Thomas Boteler, the queen's 
chamberlain, the earl of Ormond, and no kinsman of the house 
of Bewsey, was at this time a correspondent of Margaret of 
Richmond, and a letter from her to him has been printed m 
the History of Lancashire (vol. i. p. 4S0). 

But in those days as now there were other offenders besides 
rebels to be restrained by a strong arm, and magistrates being 
needed to enforce the law, the knight of Bewsey in 3 Henry VII. 
was again put into the commission and made a justice of the 
peace. He was known to be a safe and good man, though he 
had not then acquired the characteristics ascribed to the justice 
by our great bard : 

^^^ " In fair round belly, with good capon lined ; 

^^L With eyes severe and beard of formal cut, 

^^V Full of wise saws and modem instances." 

The 13th January, 5 Henry VII. 1490, seems to have been a 
red-letter day in the Bewsey annals, for sir Thomas, attended by 
the honourable Thomas Hawardyn lieutenant-justice of Chester 
under the earl of Derby, and lord Strange, Hamon Pcnketh, 
Richard Birkenhead, Henry Garnet esquires, and others, with his 
steward Henry Doker as master of the ceremonies, then sat to 
receive the homage of some of his tenants and feudal retainers. 
Amongst these was a Handle Sankey who did homage and paid 
X' for the relief of a carucatc of land (one-tenth part of a knight's 
fee) in Little Sankey, which his father of the same name, then 
lately dead, a descendant probably of that John Sankey who fell 
at Agincourt, had held under the house of Bewsey. Another 
tenant, Hugh del Bruche, of the neighbouring hamlet of that 
name, who had lately succeeded to the lands his father Henry 

LBruche held in Sankey and Orford, next appeared and did 




350 



Anitals of (Jm 



[CHAP. XXI. 



homage; aftenvards came Richard Ratcliffe who paid his relief, 
but for some reason had his homage respited to a future occa- 
sion ; and tlien two other tenants, John Ratcliff and Mathew Sale, 
appeared, paid their relief and did fealty, but did no homage, 
probably because they were not tenants by knight's service. 
{Homage Roll in possession of lord Lilford.) The gathering of 
these feudal tenants was probably followed by a banquet in the 
hall. 

Although letters and letter writing were then much less fre- 
quent than they have become since, especially now when the 
penny and half-penny postage has so infinitely increased the 
number, there is one letter dated at Warrington which has come 
down to our time, and we give it as a rarity, though there is 
nothing remarkable in its contents. The letter is as follows : 

"To the right worshipfull and my good master Sir Robert 
Plompton, knight 

Right worshipfull sir: I comend me to you and yt is so. that 
I am through with my brother Edward touching Haveray Parke, 
[a place near Knaresborough] and hath made a pare of inden- 
tures betwixt you and me touching the same ; and now at our 
Lady Day in Lent next comyng, ther is to be pay'd due to me 
viij", which I trust your mastership wil be redy at that day, and 
any service yt list you comand me. I am yours, as knowes God 
who keepe you. At Warrington the last day of August, 1490. 

Your Davy Hervy." 

{PlHtHpton Papers, Camden soc.) 

The Plompton or Plumpton to whom the letter was written 
was a far-off cousin of the Botelers. and it was probably written 
either at Bewsey or at the rectory in Warrington, where Richard 
Delves the rector was then living. The writer, David Hervy 
othenvise Griffith, was a connection of sir William Griffith who 
had married the widow of sir Thomas Botelcr's brother William, 
and was father of that sir William Griffith who in 15 Henry 
Vni. was one of the Boteler feoffees. David Griffith or Hervy, 
who was lessee under the crown of the fee farm of Liverpool in 





Chap. XX I.] 



Lords of Warrington. 



351 



1503 and was mayor of that borough, was one of those Welsh 
friends who followed the fortunes of Henry of Richmond, and 
sped like him in his new home. {Baincs' Hist. Liverpool, pp. 201. 
202, 23+) 

On Monday next before the feast of Mary Magdalen, i8th 
July 6 HenTy VII. (1491), when sir Thomas Boteler was staying 
with the earl of Derby at Lathom, Randle Culcheth attended to 
do homage to his liege lord for his manor of Culcheth, and he 
did his homage and paid lar. \od. for his relief in the presence of 
the earl of Derby. (Lord Lilford"s Deeds) 

A charter witnessed by sir Thomas Boteler on the 20th August 
6 Henry VII. (1491) gives him an addition to his title, and calls 
him " Baroune de Weryngtoii." {Ibid) 

On the 30th April 7 Henry VII. (1492) John Holcroft, for 
Holcroft the sister manor of Culcheth, attended at Bewsey and 
there did homage to sir Thomas Boteler his chief lord, and paid 
lot. lorf. for his relief in the presence of Henry Byrom, Richard 
Worthyngton. Thomas Ashton, Thomas Elham and -lir Simon 
Byrom. {Ibid) 

Between the Botelers and their neighbours the Leghs there 
had long been a rankling sore respecting a part of the Boteler 
estates which was claimed by the Leghs, and which was said by 
the Botelers to have been unjustly alienated. The law, "like 
Pharaoh's chariots when the wheels were off," has been often said 
to move heavily ; and in mediaeval times, when a remote pre- 
scription was tile only statute of limitation, and the law maxim 
that "it is the state's interest to have suits quickly ended" was 
lost sight of, litigation had often a very long life. When Falstaff 
so humorously proposed to himself to amuse prince Hal with an 
account of justice Shallow, he said : " 1 will keep him in con- 
tinual laughter the wearing out of six fashions (which is four 
terms or two actions)," he evidently meant that two terms, or 
about half a year, was then the ordinary length of a common 
law action ; but this limit fell very short of the truth in that age, 
for many suits about land outlasted not terms merely but reigns. 






tbe ic%a of Hemy VI., 
woe sS |wuin I iilJBg Acw soft to Rawa tkem in the re^ of 
Hcmr VIL Tie depite aboat ha^ too between tbe L^is 
and the B o tefcriv viicb as «e sUI ate bereaficr had already 
been to;- bae Arci^ was acnv Aatt to asnme a definite shape 
jwl III II— I Iwini iTir miwtr iw ifcfiiiiwi 

On Ac xA FA na gy S HcHy VIL (1493) 'sir Thomas 
Batelerkiii^i^''as AecaarteaCcj-BafannaB^ "paid our lord the 
Hag T^ far a fine to banre a wrft of S wuIum in the descender 
a^uaA A Ttbtr Legfa kai^ f aad at ibe same time a similar 
cntrr nCjnns as tbal 'sir F^tax Lc^ knig^ Peter Gerard and 
I^wTcnce Dtttton paid om lord tlK ktng xiii' ilij' for a fine to 
bave a writ of fa rate d o o in tbe des cen der against sir Thomas 
Botder ksi^' (D ods wortb's MSS^ «7^. lift 12a) These 
writs oSforwudtm were pn;oesses of law bamed to bring before 
the coaits the title of lands entailed ondcr tbe statute of West- 
minster the 2od, commoah- called de damis c»mdUiamaIibus. 

Before the da>-s of »r Thomas Boteler Lancashire had lardy 
been honoured with a royal visit, and it had still nKvre rarely seen 
a royal visit of a peaceful and social character paid by any of our 
sovereigns to his northern subjects. Except king John, who for a 
short time was at Lancaster and Ltverpoo!, no monarch save for a 
warlike object had for a long time been seen in our northern parts. 
King Edward I. on his march to Scotland had probably past this 
way, and his son king Edward 11. we know came to Li\-erpool in 
pursuit of the adherents of Thomas of Lancaster. Henry IV. 
on his way to seek the crown probably skirted South Lancashire 
at the head of his small but increasing host. In the war of the 
Roses Henry VI., seeking to make friends to liis cause, was for a 
short time in Cheshire and possibly in Lancashire also; and he 
was CL-rtainly in concealment in North Lancashire after the battle 
of Hexham, shortly before he was seized and betrayed by his 
disloyal subject Talbot of Bashall. Richard III., while duke of 
Gloucester and before he usurped the crown, marched through 





Chap, xxi.j Lords of Warrington. 353 

Lancashire to Berwick, and it is said was the guest of sir Peter 
Legh of Bradley. Unlike all these however, Henry VII,, when 
he had been ten years king and his seat on the throne seemed 
secure, came with his queen Elizabeth of York in the year 1495 
into Lancashire on a visit of peace, and to pay his good mother 
Margaret countess of Richmond and her husband the carl of 
Derby at Lathom a dutiful mark of attention. To facilitate the 
royal journey the earl built a new bridge over the Mersey at 
Warrington, and the royal party, who had been the guests of the 
abbot of Vale Royal the previous night, arrived at Warrington 
on the 28th July 1495 and were the first to pass over the bridge 
and so to celebrate its opening. No chronicler has told us how 
and by whom and with what ceremony they were received at the 
bridge ; but the high sheriff {who he was at that time, owing to 
a defect in the lists, we do not know) we may imagine would be 
waiting witli his retinue in their best liveries on the confines of 
his county ; the earl of Derby and his people, jvearing the Stan- 
ley badge, would also be there to welcome their sovereign. When 
the king and queen first set foot on his manor sir Thomas Bo- 
teler and his tenants in the Stanley livery would not be absent ; 
and he would probably be attended by the rector sir Richard 
Delves and his clergy, and by sir Richard Browne the prior of 
the hermit-friars and his brethren. There would be music and 
banners, and the usual acclamations of the crowd who were sure 
to be collected in great numbers on the occasion. The king was 
attended by a hundred footmen, whose pay was 6</. a day, and 
after the usual greetings of welcome and an address had been 
presented to him on his entrance into this part of his duchy of 
Lancaster (one of the oldest possessions of his house), the royal 
party passed on to Winwick, where tliey were received by the 
rector James Stanley, the earl of Derby's brother, afterwards 
bbhop of Ely. In the king's train were two female minstrels 
who sang before him at Lathom, and received vi* viii^ for their 
hire {Hist. Lan., vol. i. p. 45 1) ; from which it appears that the 
value of minstrelsy had risen more than a third since Alianor 




354 



Amiais of tlu 



[Chap. XXL 



Rede and Alice de Wherlton, t«*o of Edward the Second's mins- 
trels, sang before him the song of "Simon dc Montfort" and 
were paid for it iv. (Hunter's Tract on Robin Hood.) The kingj 
as Henry of Richmond, when he arrived in England brought 
with him Bernard Andrti, an Austin friar of Toulouse, whose 
cowl did not stifle his devotion to the Muses. He was a poet, 
and the king having made him his laureate probably brought 
him with him also to Lathom. Andre endeavoured to repay his 
debt to the king by writing his life, a work which the master of 
tlie rolls has lately published. There was no doubt a great 
gathering of the county people at Lathom to do honour to the 
king's visit, and probably among them came sir Thomas Boteler 
in the Stanley livery. 

As the king and queen were returning home they came the 
first night to Warrington, where on the 4tli August they were 
the guests either of sir Thomas Boteler at Bewscy, or of sir 
Richard Delves the rector, whose father and brother had both 
died at Tewksbury for the house of Lancaster, which established 
his claim to be remembered by the now head of that house. On 
the Sth of August the royal party proceeded towards Man- 
chester, attended by sir Thomas Boteler and his tenants to the 
boundaries of the manor, where with many wishes for their safety 
during tlie remainder of their journey he bade them farewell. 

In the next year Gilbert Sale of Bedford gentleman, for- 
getting his rank and its obligations, committed a felony and 
tacitly admitting his guilt fled to avoid its consequences. His 
flight was followed by his outlawrj.-, and on the Sunday next 
before St. Luke's day i6th October 1496 (Sunday docs not seem 
to have been accounted in such cases a dies non in law), an in- 
quisition was taken at Warrington before lord Strange, Andrew 
Dimmock, John Cutt and others, by which it was found that at 
the time of his outlawry the fugitive was seised of five mes- 
suages, one hundred acres of land and meadow, forty acres of 
pasture, three acres of wood, and ten acres of moor, in Bedford, 
all held under sir Thomas Boteler as of his manor of Warrington, 



Chap. XXI.) Lords of Warrington. 355 

and that the value of the whole was five marcs 2 year. {Lord 
Lilford's Papers) The object of this inquisition was to secure 
to sir Thomas as the tenant's feudal lord the profits of all the 
lands until the outlawry should be reversed. 

It was a rare thing in old times for a man in full health to 
make his will. There was a superstition that making it would 
shorten life, and to talk to him of it was like sounding his death 
knell; but sir Thomas Boteler, who had no such superstitious 
feeling, on the 2nd February 12 Henry VII. (1497), when he was 
in perfect health and about 35 years of age, showed his prudence 
by making his will. In it lie says, "Considering the uncertain 
mortality of man, and for the health of my soul and the pay- 
ment and contentation of my debts. I make my will as fol- 
lows: First, I will that my wife Margaret shall enjoy all such 
lands as ! and she hold jointly of the gift of my feoffees, and 
also such other lands as she is either solely or jointly seised 
of for her life, and also that she shall have assigned to her by my 
feoffees one third part of all my other lands in the name of her 
dower, 1 also will that out of the profits of certain other lands, 
my feoffees shall pay my debts, and give to every one of my 
daughters who shall be unmarried and of good governance, and 
shall at my decease be guided and ruled by their mother and 
my feoffees, ccc. marcs, but if any of them shall die under 21 
and unmarried then her portion shall cease. If any of my 
daughters shall be unmarried at my decease and be of good 
governance to the age of 29 years, then I will that at that age 
she shall receive the ccc. marcs. After these sums are levied I 
will that the feoffees shall stand seised of the lands to the use of 
my heirs according to the old entails. I further will that an 
honest priest shall be found for seven years from the time of my 
decease to sing for my soul and for the souls of all my ancestors 
and all Christian souls, and for that service shall receive vii. 
marcs a year. I will also that my younger sons, if I have any 
Such, shall each receive xx. marcs a year for his life." (Lord 
ford's Papers.) Making his will did not shorten sir Thomas 




356 



An/ui/s of the 



(Ch> 



, XXL 



Boteler's life, for he lived many years afterwards and made 
several other wills before he died. 

The king's besetting sin, which made him seek to swell his 
money bags in a trading spirit and by means which were 
derogatory to his high office, was the unkingly vice of avarice. 
Before the notorious Empson and Dudley were in office, his 
ministers often played the part of spies and informers, and to fill 
the king's coffers entrapped his nobles and others into breaches 
of the penal statutes for the sake of the penalty accruing from 
them to the exchequer. Speaking in a later age of the rising 
against king Charles I., sir Harry Vane said, "We took arms 
lest the king should be the king of mean subjects, or we the 
subjects of a mean king." Either their long intestine wara 
had made the people willing to have peace at any price, or the 
subjects of Henry VH. had not the same spirit and had not 
risen to the true dignity of their position. One of the means with 
which the king thought fit at this time to harass his subjects 
was issuing writs of quo warranto, a process by which all who 
exercised any royal franchise or rights of the crown were called 
upon to show openly in court by what title they claimed them. 
In 13 Henry VH. (1497) as we are told by an liistorian, these 
writs flew about like hailstones in a storm. (Baines' Hist. Liver- 
pool, p. 201.) By one of them addressed to sir Thomas Boteler he 
was summoned to appear at Lancaster and show cause by what 
right he claimed and held his markets at Warrington. He ap- 
peared and pleaded to it " that one William Boteler, formerly of 
Warrington, of whom he was cousin or kinsman and heir, was 
seised of the manors of Warrington and Laton with the appur- 
tenances, and of 500 acres of land, 200 acres of meadow, &c. ;. 
and that the same William in 22 Edward I. (1294), being sum- 
moned to Lancaster to show by what authority he claimed to 
hold a market at Warrington, appeared, and then and there 
produced and showed forth a certain charter of king Henry III., 
the then king's father, dated in the forty-first year of his reign, 
whereby he granted the same William a weekly market on 





jtXXL] 



Lords of IVarrmgion. 



357 



Vednesday at his manor of Laton and that the same king 
Edward I. granted to the same William a weekly market on 
Wednesday at his manor of Warrington, and that the same 
William dit-d seised of such markets, and that after his decease 
the same markets descended and came to the said Thomas 
Boteler, as cousin and heir of the said William, that is to say, 
as the son of John, who was the son of John, the son of William, 
the son of John, the son of William, the son of the aforesaid 
William Boteler the lord of Warrington." (Dodsworth's MSS.) 

The statement here given of the family pedigree, it may be 
observed, is incorrect in setting out their descents, for not only 
does it omit more than one William at the beginning, but it 
seems to confound sir Thomas's brother William, his immediate 
predecessor, with WiUiam Boteler the first grantee. Part of 
this confusion however may be owing to the incorrectness of 
Dodsworth's transcript. The writ of quo warranlo, though it 
did not disturb sir Thomas Boteler's title to the market, had the 
effect the king principally intended, for it alarmed him into ob- 
taining the year but one after a new exemplification of his 
ancient charters, which of course rained a few drops of gold 
into the kings exchequer. (Dugdate's Hist, of Warwickshire.) 

It will be remembered that in the year 1411 sir William 
Boteler settled upon his son John Boteler certain estates in 
the counties of Wilts, Essex and Bedford. Since that time 
until now we have not heard anj-thing of the Essex portion 
of the estates; but in 14 Henry VII. (1498) we find sir Thomas 
Boteler, with a view probably to some family settlement or 
perhaps a sale, passing his moiety of the manor of Chalkwell in 
Essex to Reginald Pegge and Richard Wyatt, which a few years 
after was followed by another fine levied to the same persons, 
in which dame Mai^aret the wife of sir Thomas joined. (Morant's 
Essex, vol, i. p. 297, and Fines, 14 and 24 Henry VII.) 

In 17 Henry VII. (1501) John Massy did fealty to sir Thomas 
Boteler for his ancient family holding in Rixton, and on the 18th 
June 19 Henry VII. (1504) Mathew Sale, who had done fealty 





358 



Anna/s of the 



nnd paid relief on the 13th January 5 Henry VII. (1490), now 
nppcarcil and did Iiis respited homage "in the parler" at 
Hcwscy hall before William Bretherton the venerable vicar of 
Frodshani (who had been presented to that living on the 4th 
June 1453). William Mainwaring esquire. George Legh gentle- 
man, and many others. (^Homage Roll, lord Lilford's Papers.) 

The ancient manor house of the Botek-rs at Bcw'sey, a 
memorial of ages long gone by, still remains to link the present 
with the past. The original house which has already been 
mentioned had oiitUrtd many generations since it was first 
founded in the thirteenth century, and had secured respect to 
Its roof tree by many ancestral associations. Four of sir Tho- 
mas Botcler's immediate predecessors in the estate, whatever 
might have been their wishes or inclinations, had lived in 
times too bu!itling and were too short-lived to find leisure to 
add to or improve their old house. None of them could take up 
the saying of the prophet and apply it to himself, " Thou shalt 
build up the foundations of many generations, and thou shalt be 
called the repairer of the breach, the restorer of the paths to 
dwell in." {Isaiah Iviii. 12.) It was reserved for sir Thomas 
their successor in happier times to supply this deficiency. 
Before he had attained the meridian of life the war between 
the Roses had ceased, the red rose and the white were united 
and the reign of peace seemed restored. His estate too had 
greatly risen in value ; he was filling an important position in 
the coimty, and he had a numerous and increasing family ; he 
therefore felt the nccessit>- for more room than his old house 
afforded, and he decided to enlai^e it ; and although no chroni- 
cler has told us when or by whom the addition was made to the 
old house, which is all that now remains to us of Bewsey hall, 
we shall not be wrong in ascribing it to sir Thomas Boteler and 
to the reign of Henry VII., to which its style of architecture and 
the family circumstances just mentioned all point. Arley hall 
(which stood on the site of the new house of that name, which 
is such a noble monument of its owner's taste) had been rebuilt 





c«AP.;xx!.] Lords of Warrington. 359 

in 1490 by "Wise" Piers Warburton, one of sir Thomas Boteler's 
near neiglibours and friends, and it was not unnatural that he 
should follow his friend's example. Three centuries, or the age 
of Nestor, seem to measure the duration of an ancient manor 
house, as twice that time is about that of a country church. 
When sir Thomas Boteler determined to add to his house it con- 
tained a great hall, which had probably a bartizan tower or turret, 
a room called "the parler" in which the knight often sat to 
receive the homage of his tenants, a domestic chapel, a buttery, 
and a pantry, both of them just opposite the hall, a kitchen and 
a cellar, a day-house and a brew-house, with various sleeping 
chambers, from one of which, as we have seen, dame Isabella 
Boteler had been ruthlessly carried off by William Poole. To 
these sir Thomas now added one great chamber or gallery, 
measuring fourteen yards by seven ; four other smaller cham- 
bers; and an additional kitchen and buttery, which last two seem 
to speak of more frequent visitors and more social hospitality 
than the old house had known. The great gallery which sir 
Thomas added has massive walls and large mullioncd windo^vs, 
and it is upon the floor of this room, to which the ascent is by 
two or more flights of stairs, that the mysterious blood stains 
(one of which is shaped like a foot) are shown. All the addi- 
tions directly adjoined and abutted upon the old house and of 
course stood like it within the circuit of the moat. {Beiusey Sur- 
vey taken in 1587.) The old house had been built principally of 
timber and plaster, but sir Thomas determined that his additions 
to it should be of brick, the more lasting material, which was just 
then coming into use. From the Roman era to the reign of 
Richard II. this material, except when Ralph Stratford in 1348 
used bricks, which were probably not of the same form as ours, 
for enclosing the ground at the Charter house where the citizens 
who died of the plague were buried, bricks had been but little 
used in England. In the reign of Henry VI., however, we have 
regular contracts entered into between two brickmakers and the 
mo nks of Bury St. Edmunds for making bricks for that monas- 

3A 





36o 



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tCH, 



tery (Dugdale's Monasticoti) ; and in the same reign Ewelme 
palace in Oxfordshire, and the beautiful castle of Hurst Mon- 
ceaux in Sussex, were both raised of that material, as was also 
Oxbui^h hall in Norfolk, in the course of the following reign. 
{Quarterly Review, vol. xc, p. 492 ; Notes and Queries, Jan. 31, 
1857, p. 95.) 

Sir Thomas Boteler docs not appear amongst the knights of 
the shire up to 17 Edward IV., from which time to 33 Henry 
VIII. the returns seem to be lost. {Hist Lart., vol. i. p. 316.) 
Choosing to dwell among his own people he probably did not 
seek the honours which would have drawn him from home and 
perhaps taken him to court ; but he was in the commission of 
the peace, was much and deservedly trusted, and had his full 
share of public business. In 19 Henry VII. (1503), when the 
commons had granted the king a subsidy and collectors were 
appointed to receive it, sir Thomas Boteler was the first of the 
eight knights and gentlemen who were appointed to collect its 
Lancashire portion. {Rat. Pari, vol. vi. p. S3S i f^ist. Lan., vol. i. 
p. 456.) 

The next year, 20 Henry VII. (1504), John Massy esquire 
of Rixton, having as we have already seen sworn fealty, now 
did homage to sir Thomas Boteler for his manor of Rixton, 
in the presence of sir John Bothe knight, and others. The 
ceremony probably took place and was followed by a feast in 
Rixton hall, Hollinfare, the chief manor place of the tenant 
where sir John Bothe from "over the Mersey" was invited to 
meet sir Thomas Boteler. About the same time Oliver Cul- 
cheth and Hugh Southworth did homage for their lands in 
the-presence of sir Richard Bolde and Hugh Boteler. {Ho>nage 
Roll in lord Lilford's possession.) On the 22nd December of 
the same year William Blundell paid his relief, and John Sale 
of Bedford and John Tyldcsley of Tyldeslcy, two of sir Thomas 
Boteler's other tenants, did homage to him for their lands. {Ibid) 

The next year a new honour awaited him, for the king, 
by letters patent on 6th March 1505, then addressed him as 



CBAt.xxi.} Lords of Warrington. 361 

"Thomas Boteler miles pro corpore nostro," and granted him 
"pro servitiis ante hac tempera impensis et in posterum im- 
pendendis," the office of chief forester of the forests and chases 
of Simonswood, Croxteth and Toxteth, and parkcr of Toxteth 
and Croxteth with their herbage and pannage, and the stew- 
ardship of Liverpoole with the guidance and governance of all 
the king's men, tenants and baillfirs within all or any of the 
said towns. (Kuerden's MS. volume, p. 118, Chetham lib.) The 
forester was sworn to preserve the vert and venison and to 
attach and present all offenders. 

On the I2th August zo Henry VII. (1505), Robert son of 
William Blundell, John Molyneux of Melling, Richard Carle- 
ton of Thornton, and John Lount of Lount, now Lunt, in Sefton 
(a very old possession of the Botelcrs, being mentioned in 
Mathcw Vilars' early charter) appeared and did homage to sir 
Thomas Boteler, their liege lord, for the lands which they held 
under him. The ceremony took place in the great hall of the 
priory at Warrington, where sir Thomas, attended by his sene- 
schal and by his chaplain sir William Plumptre, his kinsman 
Hugh Boteler. Thomas More, and many other friends, among 
whom probably was sir Richard Browne the prior with some 
of his chapter, sate in state to receive them. Wo may imagine 
the tenants clad in plate and mail entering the hall and the 
bystanders making way for them ; they advance towards sir 
Thomas, lay aside their swords, unclasp their helmets, and with 
heads uncovered kneel down before him. Then after the bailiff 
has thrice cried " Oyez," each tenant, placing his clasped hands 
between those of sir Thomas, repeats after the seneschal tliis pro- 
fession of homage : " Know ye, sir Thomas Boteler knight, my 
liege lord, that I do become your man from this day fonvard to 
the end of my days for life, and members and worldly honour, 
and wit! bear you true faith for the lands I hold of you. saving 
only the faith I owe my sovereign lord king Henry." Sir 
Thomas then stooping from his seat kisses each liegeman on 

[ cheek, after which each of them places his hand upon the 




$62 



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tCHApJXXI. 




Gospels and slowly repeats after the seneschal the following ] 
oath: "I do swear that I will be true and faithful to you sir 
Thomas Boteler knight, my liege lord, and that I will bear you 
true faith and fealty for the lands and tenements I hold of you, 
and will truly do and perform the customs and services I owe you, 
so help me heaven and all tlie saints;" and then kissing the book 
iie rises from his knees, and the bailiff having again thrice cried 
"Oyez" the ceremony is over. (Kuerden's MS. vol. p. 1 18.) This 
ceremony, in some of its features, reminds us of that scene in 
which Eliezer, placing his hand under Abraham's thigh, swore to 
him not to take a wife for Isaac from the daughters of Canaan. 

These were times when writing was far from universal even 
among landed squires, for in the year 1506 when George Alher- 
ton of Atherton, who afterwards married one of sir Thomas 
Boteler's daughters, had occasion to sign a bond to sir Thomas, 
he does not subscribe it in the usual way with his name, but by 
his initial thus : " Per me G " (Lord Lilford's Deeds.) 

In this year also the provost and scholars of the college of 
St. Nicholas in Cambridge released to sir Richard Bold 2ar., 
part of an annuity secured by his bond in connection with the 
Bold tithes, in which bond sir Thomas Boteler seems to have 
been his surety. (Dodsworth's J/55.) 

In the next year there was a full crop of homages. On the 
Epiphany 21 Henry VII. (1506), Robert Lawrence of Clayton 
in Amounderness did homage to sir Thomas at Bewsey for 
his lands in Little Laton before dame Elizabeth Houghton 
the daughter of sir William Troutbeck, sir William Plumptre, 
Henry Farj'ngton esquire, Thomas Bretlicrton esquire under- 
sheriff of Lancashire, Richard Rixton gentleman, and many 
others. {Homage Roll) On the 2Sth June in the same year 
(1506) Robert Worsley esquire did homage and performed his 
suit to sir Thomas Boteler "in the parlcr" at Bewsey for the 
lands he held by knight's service in Pennington before sir 
William Plumptre chaplain, Thomas Hawarden learned in 
law, and many others. {Ibid.) And the same year Bartholo- 




inew Holcrofte, Thurstan Tildesley (the same who was after- 
wards member for Lancashire), Henry Halsall, John Ashton 
of Penketh, Hamon Bruche, Hainon Ashton of Glazebrooke, 
who paid 6s. for his rehcf, Thomas Whitehull, Henry Yores- 
colles, and Henry Sale of Bedford, did homage before Hamon 
Bruche esquire. Richard Massey and WilUam Penketh chaplains, 
and Oliver Berdsley the rich Warrington draper whose widow 
married a Leicester of Tabley. (Homage Roll.) 

In the same year Thomas Norris of "Orphord," did homage 
for his lands in Warrington, Orphord and Magna Merton. {Ibtd.) 

These ceremonies of homage and fealty, of which we have 
given so many instances, were now fading away, and that change 
which a living historian has so eloquently described was fast 
coming upon the Enghsh world. "The paths trodden by the foot- 
steps of ages were broken up ; old things were passing away, 
and the faith and the life of ten centuries were dissolving like 
a dream. Chivalry was dying, the abbey and the castle were 
soon to crumble to ruins, and all the forms, desires, beliefs, 
together with the convictions of the old world, were passing 
away never to return. A new continent had risen up beyond 
the western sea. The floors of heaven, inlaid with stars, had 
sunk back into an infinite abyss of immeasurable space, and 
the firm earth itself unfi.xed from its foundations, was seen to 
be but a small atom in the awful vastness of the universe. 
In the fabric of habit, in which they had so laboriously built for 
themselves, mankind were to remain no longer." (Froude's 
Hist. Eng., vol. i. p. 51.) 

Thomas Stanley the first earl of Derby, the builder of the 
bridge, never forgot his munificent work but remembered it with 
affection to the end, and in making his will on the 28th July 
1504, only a very short time before he died, he provided two 
funds, one for buying off the tolls and making the bridge free, 
and the other for establishing and keeping it in repair for ever. 
Three hundred marcs (200/.) were to be employed in purchasing 
the rent and tolls of the bridge, to the intent that the passage 




3^4 




Annals of the 



lCa*r. 3 



1 



should be free for all people for ever, and five hundred marcs 
(333/. 61. %d) for making up the said bridge, that no further toD 
or farm should be there asked. (Collins' Peerage, vol. iil p. 6z} 
But it will be well to inquire shortly what these tolls were, and. 
how and when and with whom they first originated. 

During the Roman occupation of Britain, when the Mersey 
was the boundary between the provinces of Flavia and ^faxima. 
Warrington (where the river first became fordable, being the 
highest point to which the tide flowed) rt-as the key of the pro- 
vince of Maxima, and from this time and through all the Saxoa 
period the passage there over the Mersey was effected by a ford. 
The genius of trade, manufactures and commerce had not theD. 
selected South Lancashire for her peculiar home, and no bridge 
was needed 

"To call o'er the stream ih' admiring south to see 
The pomp and pride of northern industry." 

The ford, which was at some distance from the present bndge,j 
entered the river at a point opposite the highway called Wash- 
lane on the Latchford side. For nearly a century after the Noi^ 
man conquest, or until the year 1153 when king Stephen granted< 
the lands between the rivers Ribble and Mersey to Randle Gei 
earl of Chester, there was little territorial connection between the 
earldom of Chester and South Lancashire. A parchment char-" 
ter however, though coming from a king, was not always enough 
in those days to confer a solid title to a territory ; but although, 
his successor confirmed the grant which Stephen had made^ 
Randle Gernons survived his grant too short a time to make use 
of it ; and Hugh Cyveliok, who succeeded him in 1160 and died 
in 1 183, was either too long a prisoner to the king, or had toOi 
much trouble with his own affairs, to derive much benefit from 
the lands between the Ribble and the Mersey. In the vigorous 
hands of his son and successor Randle Blundeville however, ther 
bond between Cheshire and Lancashire was drawn closer, and 
the latter became a valuable possession to its new owner. Iiti 




Chap XXI, J Lords of Warrington. 

order to connect the two sides of the Mersey still more closely 
together a ferry boat was then probably established and added 
to the ford ; and about the year iigs the earl, by his charter, 
desirous of placing the passage over the Mersey in strong and firm 
hands, granted the right of passage over the river between Thel- 
wall and Runcorn to Hugh Boydel of Dodleston, one of his stal- 
wart vassalsj who was lord of the manor of Latchford, and who 
repaid the earl's confidence by rendering him able service in his 
wars, and particularly in the defence of the Welsh border. The 
ancient ford with its boat (now a Boydel possession) continued 
for some time to be the only mode of passing over the river at 
Warrington ; but before 33 Edward I. (1305) a bridge^how or 
by whom erected, though it is believed by the Botelers, we do 
not know — had been built near the site of the present one, for 
it is then mentioned in several ancient charters. {Warringtoit in 
1465, p. S9, in notis, Chethani soc.) 

In 1308, when John le Boydel granted the Warrington hermit 
friars a free passage for their wains through Latchford, he 
certainly gave them the right to pass into Warrington by this 
bridge {Hist. Chesh., vol. i. p. 447), which is next referred to in 
the paving charter of the 5th July 3 Edward II. (1310), and 
which was probably constructed of wood, the material of 
which down to the time of Richard II. the bridge over the 
river Ribble at Preston was certainly built. {Patent Rolls, 
4 Richard II.) In the year 1338, the exclusive privilege en- 
joyed by the Boydels of conveying passengers over the Mersey 
was again recognised in a charter. by which William the son of 
John Boydel {whose cross-legged effigy is now in the Warring- 
ton museum) grants to his son William all "his right of passage 
with all the profits and advantages thence arising through the 
'eghes' (heys) in Latchford for the term of his life." (Sir 
Peter Leycester, liber C, p. 2S7.) And when William died, 23 
Edward III. (1349), it was found by his inquisition post mortem 
that he held a certain passage in Latchford with a fishery which 
i worth xlii* iv^ yearly. (Hist. Cliesh., vol. i. p. 446.) In the 





366 



AtiHiils of llie 



[CH. 




year 1365, in consequence of some invasion, these Boyde! transit 
privileges seem to have been questioned ; for on the i ith Oc- 
tober in that year Richard de Whytelcgh the high sheriff of 
Cheshire and otiier persons associated with him were commis- 
sioned to arrest all such persons and their boats as made passage 
across the Mersey in places not before accustomed. (Clicsk. Re- 
cogti. Rolls.) And in the year following the renowned Black 
prince, as earl of Chester, appointed and authorised commis- 
sioners to arrest and send to Chester castle all such persons as 
so made unauthorised passage across the Mersey between Run- 
corn and Cross ferry. {Hist. O'usli., vol. i. p. 446.) The latter 
of these limits is now Cross street, Stretford, which retained 
that name to the year 1577. {Hist. Lan., vol. ii. p. 261.) Before 
the 6th July 38 Edward III. (1364), the first bridge over the 
Mersey at Warrington had perished, either by the slow hand 
of time, the violence natural to the age, or the force of some 
sweeping land flood ; and sir John Boteler the lord of the 
manor, and others associated with him, who were willing to 
give time and money for such a work, received the royal au- 
thority to rc-build it, and the old bridge was then probably 
replaced by a more substantial structure of stone. (Rymer's 
Fcedera, vol. iii. pp. 740, 741-) Some jealousy of the new work, 
proceeding cither from the Boydels the owners of the tolls or 
from some other source, would seem from the language of the 
royal commission to have threatened its progress. 

On the 1st October 6 Richard II. (1382) the princess of Wales 
demised Latchford (and it is presumed the tolls) to Alan de 
Rixton during the minority of Thomas son and heir of William 
fitz Howell. (Oit'sh. Rccogit. Rolls.) And on the 9th January 
20 Richard II. (1397) the king demised to Robert de Holden 
the passage of the bridge of Wcryngton, with the fishery called 
Lacheford Yordc, then in the king's hands by reason of the 
death of the above- Thomas, who was called Thomas Boydel, 
during the minority of Robert his son and heir. {C/iesIt. Recogn. 
and Patent Rolls.) This exclusive right of the Boydels to con- 




Chap. XXI.J Lords of Warringlou. 367 

duct passengers over the Mersey at Warrington and to receive 
a toll for it, of which we have now seen the origin, was not likely 
to escape question in an age when all rights were so frequently 
questioned in writs oi quo zvarraiito ; and accordingly, in the 
year 1497 and the reign of a greedy monarch when such writs 
were showered down so plentifully, Henry Byrom and Con- 
stance his wife and James Holte and Isabella his wife (who re- 
presented the Boydels) were summoned by one of those writs to 
appear at Chester and show by what authority they claimed 
their franchise and right of passage over the Mersey. Having 
appeared in obedience to the writ they pleaded that they had 
"chiminum" through Latchford, and its "heys" (probably the 
eyes or meadows) as far as the water by Weryngton ; and that 
they had also passage over the Mersey, for which they claimed 
to demand and take for every man and horse passing the river 
one halfpenny, for every loaded horse one halfpenny, for every 
laden wain or cart drawn by two horses 4*^., for every twenty 
beasts of burden ^li., for a hundred heifers or sheep 4//., for 
twenty unbroken horses or mares 41/., and so on in proportion 
for any greater or less number, ( Warrington in 1465, p. 8S. in 
notis; Hist. Clush., vol. iii. p. 444.) This plea was allowed, and 
they seem to have remained in undisputed possession of their 
franchise until after the death of the first ear! of Derby, when 
the three hundred marcs left by him to buy off the tolls raised 
up a new claimant in the person of sir Thomas Boteler, who as 
the lord of the manor of Warrington now, for the first time in 
the history of his family, thinking perhaps that he was entitled 
to receive at least a portion of the purchase money, advanced 
a claim to some part of the tolls. The three hundred marcs set 
apart for the purchase seem inadequate for the purpose when 
we consider that without reckoning any tolls at the higher rate, 
the tolls from nine thousand six hundred passengers (not by any 
means too great a number to be supposed to pass the river in 
the year) at the lowest rate would realise yearly 20/. Under 
^Aese circumstances the earl's trustees, especially when a i 

3B 




36S 



Annals of the 



[Ch. 



claimant had intervened, found the task imposed upon them to 
be no easy one, and an appeal was now made to the law by 
James Holte and Isabella his wife and Constance Byrom widow 
(her husband having died since the Cheshire quo warranto), 
who having filed a bill in the duchy court of Lancaster to 
establish tlieir right, averred by the bill that they and their 
ancestors time out of mind had been peaceably seised of the 
"weys" (ways) in Lachfordc, and the "hees" (heys either en- 
closed or "eyes" as the low meadows are sometimes called) in 
Lachforde, together with the passage over the Mersey between 
Kuncorn and Thelwall [and Wcryngton] in the county of Lan- 
caster, with all commodities and profits thereto belonging; that 
this their title had been allowed in the Cheshire quo -warratilo, 
and that, until sir Thomas Boteler made pretence and title to a 
part, their right had never been disputed ; that they had been 
used to take of every man on horseback riding and passing by 
that way and water one halfpenny, of every horse laden one 
halfpenny, of every laden cart or wain 41/., and for every 
twenty "rether bestes" 41^., and for every twenty coltes 4^/., 
for every hundred sheep ^., and so after the same rate if the 
cattle were fewer or more, for which toll they said they were 
charged witk maintaining and repairing a bridge called Wer- 
yngton bridge, where the passage was used ; that they had 
peaceably enjoyed the toll without interruption, for that no 
cattle or cart could come that way but to their great ease, 
speed, and nearest way, through their several grounds ; that 
by reason of the commandment of the king's council they had 
now forborne taking the said toll and profits, but they prayed 
letters missive to the king's justices at Lancaster, there to make 
due search and inquisition whether the king had any title or 
interest in or to the premises, and if the plaintiffs' right should 
be duly found that they might be restored to their inheritance. 
The Boydels are never heard of as the builders or supporters 
of the bridge, and though they rested their right to the tolls 
upon it, they must have been remiss in this part of their duty. 



V 



Chap. XXI.] Lords of Warringlon. 369 

In another bill the same plaintiffs alleged seisin as before " of 
the passage over the water of Mersey running betwixt Lanca- 
shire and Cheshire anendst the town of Weryngton as well when 
a bridge had stood in the said water as when the said passage 
had been kept with boats" until lately, when the said passage 
had been seized into the king's hands by reason of a quo luar- 
ranlo sued by him against the plaintiffs at Lancaster in the 21st 
year of his reign. The plaintiffs founded their claim upon an 
alleged grant of the said passage given to their ancestor by the 
"carl of Chester, at that time lord of the said passage, not only 
for the safe conduct of all manner of people that should fortune 
to pass over the said water, but also for the great care that they 
shou'd have to pass over their several ground from anendst the 
town of VVeryngton into [unto] a place called ' Wyllers Pool,' 
which is almost a mile in length, and that when they had been 
sued for the said franchise they had had allowance thereof after 
the custom of Cheshire." {Duchy Records) The approach to the 
ford on the Cheshire side was certainly through the enclosed 
lands of the Boydcls, and it was probably this which gave rise 
to Latchford causeway being repaired, not by the public but by 
some private landowners, ratione tenure, until a recent period, 
when the county of Chester, for a consideration, relieved them 
from it and took the repairs upon itself. Nor was this the only 
ferry thus approached, for the ferry at West Bank led until 
lately through private lands in the same way. Sir Thomas 
Boteler seems for the time to have bowed to the king's com- 
mand, but not without a protest, for he shortly after^vards re- 
newed his claim to the passage and toll of Weryngton bridge, 
and in a proceeding in the duchy court he alleged that he was 
seised of the manor of Weryngton with the appurtenances, to 
which the said passage and toll belonged, and had belonged 
to him and his ancestors time out of mind as appendant thereto. 
And he showed that whereas the king had lately caused it to 
be proclaimed, and commanded that all persons should have 
free passage over Weryngton bridge on horseback and on foot, 




37° 



Annais of (/le 



fCH, 



and with all manner of carriages, and with horses and carts, 
wains, drift of cattle, and otliervvise. without paying any toll, and 
that the bridge should thenceforth be free, the petitioner would 
in no wise disobey such commandment, albeit he had good and 
lawful title to have the said toll, as he could prove by evidence, 
and he prayed the council to take order herein according to 
right, law and conscience. {Duchy Records,) Wilderspool, which 
the plaintiffs mention in their claim, is a very ancient name, for 
it occurs in a charter of 1189, and also in a charter of 1308. 
{Arley Deeds and sir Peter Leycester liber C. i39fT.) 

How the rival claims were satisfied we have not ascertained. 
It is probable however that sir Thomas Boteler did not make 
out his case ; and it is at all events certain that the bridge was 
declared free, and the three hundred marcs let us hope were not 
withheld from his rivals. The opening of the bridge not only 
drew closer the two neighbour towns situated on opposite banks 
of the Mersey, and made unnecessary the markets and fairs at 
Latchford. for which the Boydels had obtained charters, but 
also opened through Warrington a ready access to many other 
towns and places, both on the north and the south, while 

" With each and all old Mersey's ford town still, 
Holding communion freely at her will," 

both gave and received benefit by the mutual intercourse which 
the bridge promoted. 

At this period sir Thomas Boteler's life seems to have been 
fruitful in litigation, which, as no man loves law-suits for them- 
selves except at the circuit table, where "more plaintiffs and 
more defendants" is a popular toast, could not fail to trouble a 
man of his prudent character. Scarcely had the bridge contro- 
versy ended when his right to the homage of Henry Halsall for 
his lands in Halsall was questioned ; sir Thomas had received 
the homage in the twenty-first year of the king's reign, and as 
the only alternative offered to a suit at law was an arbitration, 
the matter was referred to such a tribunal, and the arbitrators 



Chap, XXI, 1 



Lords of Warrington. 



371 



found and accordingly awarded that Henry Halsall was sir 
Thomas's tenant, and that he was undoubtedly entitled to his 
homage. (Lord Lilford's Deeds.) 

It has been already mentioned more than once before that 
there was an angry dispute between the Botelers and the Leghs 
about some of the Boteler lands which were claimed by both, 
and that on 20th February 8 Henry VII. {1493), in order to bring 
the matter to an issue, the two parties were preparing for a serious 
struggle at law b)' suing out cross writs o( formeiion against each 
other. Since that time twelve years had passed, and all the 
while the suits had been " dragging their slow length along," to 
the great weariness of all parties, which disposed them the more 
readily to listen to the advice of friends and agree to an arbitra- 
tion. The grievance out of which the quarrel arose was an old 
one. dating from so far back as the early part of the reign of 
Edward III. In the year 1338 Richard, the eldest son of sir 
William and dame Elizabeth Boteler, married Joan the daughter 
of Thomas de Dutton, and upon the marriage sir William settled 
a third part of his estates in Bradley, Burtonwood, Great Sankey 
and Weryngton, expectant on his own or his wife's decease, 
upon the young couple and the issue of their bodies, and in case 
they should die without issue, upon John Boteler, sir William's 
second son, and the heirs of his body. Richard died without 
issue, and his wife Joan having survived him and thus become 
entitled to the estates for her life, married a second husband, John 
de Haydock, by whom she had issue, who after her death claimed 
and retained the estates. This was a great maim of the old 
Boteler inheritance, who, taking up the words of Hotspur, might 
justly complain that from all their land it had cut 

" A huge half moon, a monstroas cantle out." 

le law maxim, "interest repnbliets ut sit finis litimn" (it is 
the state's interest to have an end to suits), was then unseconded 
by any statute of limitation, or the seeds of a dispute sown so 
loD^ ago would hardly have taken such a time to ripen. But 



^justly 





37* Annals of ifte [chap.xxi. 

the family animosities though they had smouldered long had not 
yet burnt out The arbitrators to whom the parties referred 
their differences were the celebrated Wolsey archbishop of York 
and Ralph Delves and Laurence Townley esquires, whom the 
parties met by appointment at the archbbhop's palace at Scroby 
on the 23rd September 21 Henry V'll. (1505), attended by 
master Fairfax serjeant-at-law and master Bryan Palmes a 
learned counsel, who in the proceedings gainst sir Thomas 
Gerard in 1515 's called a justice of assir^. Sir Thomas Boteler 
produced the settlement, and showed the circumstances under 
which he laid claim to the lands. His adversary- sir Piers Legb. 
who had inherited his title to the disputed lands from Joanna de 
Dutton through her second husband John de Haydock, in order 
to prove his right showed a charter of sir William BotcIcr under 
his seal of arms, bcarii^ date 33 Edward III. (1359). by which 
he released unto the said John and Joan de Haydock and the 
heirs of the said John, all his right in and to all the lands, tene- 
ments, rents and services whereof the said John and Joan were 
on that day seised or possessed in Bradley, Burtonwood, Great 
Sankcy and \\'er>'ngton. And he also showed another deed of 
the same sir William under his seal of arms, bearing date about 
41 Edward HI. (1366), by which he released unto the said John 
and Joan and the heirs of the body of the said John, all his right 
in and to all the homages, rents and services of certain tenants 
therein named in Bradley, Burtonwood, Great Sankey and Wer- 
yngton, being the same rents and services then claimed by the 
said sir Thomas Boteler. .-Vnd he further showed the copy of an 
action of detinue which the said John de Haj'dock and Joan hts 
wife sued out against one William Moston, in which they de- 
manded of the said William one of the same deeds of release 
which he said had been delivered to him by the said John and 
Joan and the said sir William Boteler upon certain conditions ; 
whereupon a scire faeias being prayed against the said sir Wil- 
liam, he then sent the said William Moslon his sufficient warrant 
to deliver it to them, which warrant, and all and every part of 



CHAf. XXI.] Lords of Warrington. 373 

the said two deeds of release except the dates, were seen by the 
said sir Thomas Botclcr and his counsel. Moreover, before the 
said arbitrators and learned men, the said sir Piers also showed 
a release with a collateral warranty descended upon the said sir 
Thomas Boteler, of and for all and every the premises in ques- 
tion, (but) by or to whom or when such release was made, they 
{the said arbitrators or learned men) would in no wise utter or 
express. Nevertheless the said Ralph Delves showed thus much 
unto the said sir Thomas Boteler, that is to say, that the said 
collateral warranty was made by one Margaret, daughter of sir 
John Boteler knight, the said sir William's son. who was married 
to one Atherton or Ardern. It appears that in or about 1338, at 
a time when entails were indestructible and entailed lands must 
descend secundum formam don't in the very line of the limitation 
and were confined to the heirs which the settlement or charter pre- 
scribed, sir William Boteler, on the marriage of Richard his eldest 
son. settled certain of his lands to descend, after the death of him- 
self and his wife, on Richard and his bride (or life, with remainder 
to the heirs of their bodies, and in default of such issue to his 
second son John Boteler and the heirs of his body, and with the 
ultimate remainder to himself in fee. Now, according to this, and 
as the law then and for a very long time after stood, the suc- 
cessive estates to the heirs of the body of Richard and John were 
indestructible, and it would seem that nothing that sir William 
could do ought to have affected them. But in opposition to the 
claim which sir Thomas Boteler as the lineal heir of sir William 
Boteler's second son John, and the undoubted heir of the estates 
under the entail, now .set up, sir Piers Legh pleaded that although 
the entail was really created as alleged, sir William Boteler had 
twice subsequently released the estates with a warranty which 
would bind all his descendants, and moreover that one of John 
Boteler's daughters had given a collateral warranty which also 
bound them. Now, the principle of a warranty was this, that the 
person warranted, if a lineal descendant, although he might re- 
coyer the estate, was liable under the warranty to make up and 





374 Aumais of th€ [Chap. xxi. 

pay back its value to the recoreree. This, which was a new way 
of makii^ the son answerable for the father, was not very just, 
especially when he who had given the warrant}- had himself only 
a limited and restricted estate in the settled lands. But colla- 
teral warrant}- barred the right of the settler or his heir in tail, 
even when the suitor was not Uneally descended from him and 
took no estate under him, which like " putting latsbanc into hia 
mouth," was more unjust stilL 

On the 24th July 22 Henry VII. (1507), the archbishop and 
his brother arbitrators, beiie%-ing perhaps that they were bound 
to decide according to strict law, and might not listen to equity, 
or 

•• To do a great ri^t do a litde wrong," 

awarded that the title to the estates was with sir Piers Legh, 
and thus confirmed the alienation of which sir Thomas so justly 
complained. {Bold Dt-etls.) But at the same time they either 
found or suggested a surer mode of ending the family animosities 
and staunching the old feud, for on the 24th July 22 Henry VIL 
(1507), a marriage was arranged to take place between Thomas 
Boteler, sir Thomas's eldest son and heir apparent, and Cecile, 
one of the daughters of Piers Legh esquire, sir Piers' eldest son 
and heir apparent The settlement, which bore date on the 
above day, and (vas made between sir Thomas Boteler knight 
and Thomas Boteler his son of the one part, and sir Piers Legh 
knight and Piers Legh his son of the other part, after reciting 
that to appease all grudges, variances, discords and debates 
existing between the parties and tlieir ancestors, and to make 
a final peace, increase and continuance of love and favour 
tween them, their kinsfolks and friends, it had been agreed by 
the mediation and request of Thomas archbishop of York and 
Rauf Delves and Lawrence Townley, mediators and arbitrators 
indifferently named and chosen by the assent and agreement of 
the said parties, that a marriage should be had before the feast 
of St. Michael then next between Thomas Boteler the son and 



Chap. XXI.] L-ords of Warringlon. 375 

Cecile, one of the daughters of the said Piers the son, or if the 
said Cecile should die before such feast, then that the said 
Thomas the son should marry Anne, the said Picrss other daugh- 
ter ; and it was further agreed that the said sir Piers and Piers 
his son should keep the said Anne unmarried and unaffianced 
until the said Cecile should attain the age of 14 years. The 
settlement contained many other provisions which, though usual 
enough at that time, appear very strange to us now. {Legit 
Papers.) John Butler, one of the judges of the court of common 
pleas, who does not appear to have been connected with the 
house of Bewsey unless he were of the kindred house of Merton, 
was appointed supervisor of the settlement. Nothing could seem 
to have been better devised for ending all family differences be- 
tween the two houses than this marriage of their heirs. "Mais 
I'homme propose et Dieu dispose" and the best arranged plans 
often fail and all the wise designs of their contrivers come to 
nought ; and so, alas ! it happened here, where the good ends 
proposed by this marriage were doomed to be disappointed. 
Piers Legh the son, who at the time of this marriage had only 
two children, his daughters Cecile and Anne, his presumptive 
heirs, soon after took a second wife and had a son bom, which 
cut off all Cecile's hopes of succeeding to the Legh inheritance. 

We have before said that sir Thomas Boteler was an active 
justice of the peace, and we find him present and acting in 
that character at Warrington on the 30lh November 1507, the 
charter day of the winter fair, a day not unlikely to breed quar- 
rels ; and a warrant which he then issued in pursuance of his 
office against a gentleman for intending violence, an offence 
which persons of the same rank would avoid now, has come 
down to us; and, as such instruments are rare, we translate it 
from the Latin and give it in extciiso : 

•'Thomas Boteler knight, one of the keepers of the peace of 
our lord the king assigned to keep the peace in the county of 
Lancaster. To the sheriff of the same county, and to Thomas 
Oilier and Simon Madur, constables of Kenion and Lowton, 

3C 





37« 



Aimais of ike 



(Chap. XXL 




greeting. Whereas Robait Rysley hath come before me, and 
DQ his corporal oath bath aMmu^i that he fear^ loss of life and' 
members from William Holland, late of Kenioa in the county o 
Lancaster, gentleman. Therefore I command you and each a 
you that you or one of >'ou attach the said William by his bodj^ 
so that you or one of you ha\-e his body before me or some o 
of my fellow justices of the peace of the count}' aforesaid, to find 
sutBcient surety to keep the peace towards our lord the king anj 
all his subjects, and especially towards the said Robart Rysl^. 
And if he shall refuse this, then that }T3u or one of you cause hiOl 
to be safely conve\-ed to our lord the king's gaol at Lancaster 
there to remain until he shall comply. And this you are in n 
wise to omit at your peril, and have there this precept Dated 
on the feast of St Andre\v the apostle in the twenty-third yea« 
of king Henry VII." 

In a certain recent lively stor>- the writer tells us of an aldermatt 
of Bcettebury who, returning from a convivial meeting a littli 
depressed by some contradiction he had experienced, stopped! 
opposite the statue of a benefactor of the borough standing il 
the public market place, and, taking advantage of the occasioi^ 
proceeded to address the statue thus : "Ah ! " said he. ■ you lived 
in the good old times which are departed, and which we shalt 
never see again." " What and when," asked the statue, " 
the times of which you speak, Mr. Alderman?" "Why," said 
the latter, "the times of George II." "Did you never I 
how in those days," said hiS interlocutor, " the young pretendd 
led an army through Beetlebury, and once in going and | 
second time in returning levied heavy contributions on the inh»' 
bitants, not sparing the mayor and aldermen?" "Well, bu^" 
said the alderman, " the times of his father George I. were bettd^ 
and no hostile force profaned Beetlebury then." "True," 
plied the statue ; " but the Scots came to Preston, and the king's 
forces which were sent to meet them were quartered at Beetle- 
bury, and left in the borough (where some people called theot 
caterpillars) as bad a name as the pretender had left before." 




Chap. XXI.] Lords of Warrington. 377 

The alderman went through several other reigns, but the statue 
had always the better of him ; and at last he was obhgcd to con- 
fess that the " good old times " lost much of their^ttraction when 
viewed from a modern stand-point through the vista of the past. 
The " laudator temporis acti " will generally find that as a beau- 
tiful landscape derives many of its charms from distance, so tlie 
lives of our ancestors do not appear so even and so enviable 
when we examine more narrowly the annals of their history. 

We have no reason to think that sir Thomas Boteler was 
more litigious than his neighbours, but it is evident that he did 
not escape his share of litigation. 

In the year 1508 another law question awaited and galled 
sir Thomas, who, by reason of Hamon Bruche, lately deceased, 
having held of him by knight's service and a rent certain his 
capital mansion or chief place of Bruche, and his lands in Wer- 
yngton, Sankey and other places, was entitled to the wardship and 
keeping of the body and lands of Richard the said Hamon's son 
and heir, had now had this seemingly undoubted right called in 
question by John Massie of Rixton esquire and Hamon Massie 
of Sale esquire, John Duncalfc and Richard Bold gentlemen, and 
Lawrence Balfront chaplain, Hamon Bruche's feoffees ; but after 
some preliminary controversy the parties agreed and swore upon 
the holy Gospels to abide the award of William Hondefordc and 
Richard Sneyde esquires, their arbitrators. These gentlemen, 
having entered upon the matter on the 1st July in the above 
year, found that the said Hamon Bruche, being greatly in debt 
while his children were under age, enfeoffed the said John 
Massie and the rest in all his lands to the intent that they should 
perform his last will, which will the arbitrators found good as to 
a part but invalid as to the rest ; wherefore they awarded that 
the said feoffees should deliver to the said sir Thomas Boteler 401. 
yearly for his own use during the nonage of the said Richard 
Bruche, and that they the feoffees should occupy the remainder 
without prejudice to the dower of Dowce Bruche mother of Ha- 
mon and of Elizabeth his late wife. {Hale Deeds) 




378 



Annals of the 



[Ch, 



. XXI. 



The marriage of sir Thomas Boteler's son with one of the pre- 
sumptive heiresses of the house of Legh, which had now taken 
place, seemed to sir Thomas to make a difference in his family 
circumstances; and on the 22nd February 23 Henry VII. (1508) 
he made a codicil to his will, by which, after noticing that all 
the original feoffees of hts estate except one were dead, and 
that Richard Delves the sole survivor at his request had lately 
appointed sir Edmund Trafford and eighteen others to be his 
new feoffees, he directed them to stand seised of all his estates 
to the use of himself and his heirs, and to accomplish and fulfil 
the covenants contained in his son's marriage settlement, and also 
to perform his last will. It appears that the possibility of Piers 
the son having issue male had not escaped him, for he directs 
that if such an event should happen then that the said sir Piers 
should pay him vii. c marcs in vii. years next following the birth 
of such issue male, if such issue male should so long live ; but if 
it should die, leaving none other such issue living, then that sir 
Thomas's executors should repay the said sir Piers the whole or 
so much of the said vii. c. marcs as he should happen to have 
received. There is in the codicil also a provision that if the wife 
of sir Thomas Boteler's son or her issue should succeed to all the 
Legh estates (except Lyme) the executors of sir Thomas should 
pay to the executors of the said sir Piers the sum of iv. c. marcs. 
It is evident from all this that in contracts of marriage mer- 
cenary considerations are no modern novelty. 

Shortly after making his will sir Thomas (whether especially 
reminded by it of the nearness and importance of the concerns of 
eternity or only in compliance with a general custom of the time, 
or else desirous to drop a few coins into the coffers of a religious 
house) on the 22nd June 150S procured from the priory of Dur- 
ham letters of fraternity for himself, by which, with all the benefits 
of the house, their prayers and suffrages, he obtained a grant of 
absolution ; and on the gth August following he purchased the 
same privileges for the honourable lady Margaret Botclcr his wife. 
{Durham Obituary Roll, p. 115, Surtees soc.) This indulgence 



Chap. XX!.] Lords of Warrington. 379 

was not quite so extensive as that which John abbot of Abing- 
don, on the 6th June 1475, granted to Henry Hoghton esquire 
and Ellen his wife, and William, George, Arthur and Ellen, their 
children, which gave them plenary absolution from all their sins. 
(Dodsworth's AfSS.) But there can be no doubt that had sir 
Thomas desired it his letters of fraternity might have been made 
comprehensive enough to embrace his family. 

On the king's demand for two reasonable aids in the twenty- 
fourth year of his reign, one for making his eldest son a knight 
and the other for marrying his eldest daughter to the king of 
Scotland, the parliament, who saw the discontent which levying 
them would occasion, compounded for them by offering the king 
a sum of 40,000/., and sir Thomas Boteler was the first of the 
eight gentlemen named to collect the Lancashire portion of 
these aids. (Hist. Lari., vol. i. p. 450.) 

In those times the finger of prerogative was very heavy. A 
man might incur the forfeiture of his whole estate through his 
outlawry in a personal action by an unconscious breach of some 
forgotten penal statute, and no gentleman thought himself safe 
without obtaining from the crown from time to time a general 
pardon as his protection. In these pardons the name, address 
and style of him who obtained them were expressed with inge- 
nious variety, and very often in more ways than he had ever used, 
by which he was pardoned of all imaginable and almost unima- 
ginable crimes, both great and small, known and unknown, which 
it was thought possible he might have committed. Sir Thomas, 
who in his letters of fraternity had lately obtained what was 
then thought a spiritual protection could not disregard what was 
temporal, and as the king's life was now drawing to a close, 
sir Thomas thought it wise to sue out on the 3rd February 
24 Henry VII. (1509) one of these general pardons, " per nomen 
Thom^e Butler militis, alias dicti Thom;e Butler de Bewcy in 
com. Ccst. militis. alias dicti Thoma: Butler de Hexallys in 
com. Warwick militis, alias dicti Thoma; Botclcr nuper de Exal 
in com. civitatis Coventrize militis, alias dicti Thomx Boteler de 








/ ''^ "C3A?. XXL 



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• I: '::-: * .".: n 7T.n»:j t :u:d 'A':n 
Vji: TLU^r v.zii ii:_t:»ind irsi ':odn ; "' 

•v=!:c:!. viiif^icr r--:e :r r'alfe. lid ncz mak- ±e r\vo counrnes bet- 
:jr -."--ciidi. r'-:e icjLi ±»:i:-:il t::e -.var ber.veen England and 
7-:i::cj a ^■■'i:c :cT:t:r:un:r.- :":r artackinir tiie former, and the 
rj^u": -.'r.-d-LC-jd :11 reeiinc? '•vliich are not yet quite obsolete. 

i^ir U'a!:jr icctr tilis us ti:at once when he and his daucrhter 
were :ravc:l:::;c '-^ Xorthumberland she was taken suddenly ill at 
Wocler near Flodden. and a doctor was sent for. in whom sir 
Walter, to his surprise, recognised one of his old gardeners at 



Cbai". xxi.j Lords of Wan-ington. 381 

On the 18th August 3 Henry VI 11. (151 1) we again meet with 
him amongst the justices of the peace who attended the sessions 
at Lancaster. In the hst of those who attended with him are 
the names of the cail of Dertjy, sir Edmund Trafford, sir Peter 
Legh and ten others ; an array which would suffice for a quarter 
sessions now and was surely more than sufficient to dischai^e 
the business then. (Dodsworth's A/SS.) 

Homages, though becoming more rare, had not yet quite 
disappeared, for on the 14th December 3 Henry VIII. (1511) 
Richard Rixton gentleman did homage to sir Thomas in the 
parlour at Bewsey, probably for his lands in Sankey, before 
Thomas Shircwood counsel, learned in the law, William Bniche 
and sir William Plumtre chaplain. {Hale Deeds) 

On the 22nd March 3 Henry VIII. (1512) sir Thomas Bofeler 
again attended the sessions at Lancaster in his capacity of jus- 
tice of the peace. He may have been the chairman of the 
sessions ; but at all events his attendance shows his devotion to 
the duties of his office which, as it involved a journey from Bew- 
sey to Lancaster in the winter, required a sacrifice which would 
have deterred one less earnest in the discharge of an onerous 
duty {Ibid) 

On the i8th May 4 Henry VIII. (1512) Thomas Middleton 
of Haverbrek in Westmoreland with a party of lawless followers 
having forcibly disseised sir Thomas Boteler of some of his lands 
in Yeland Conyers and Dalton, he proceeded against them, when 
their offence being proved he prosecuted them to outlawry, and 
to avoid worse consequences they probably fled. (Dodsworth's 
MSS., vol. clxvii. p. 165.) 

In 4 Henry VIII. (1512) sir Thomas was sued by the king on 
a recognizance for one thousand marcs. How or when, or on 
what account he had contracted such a debt we are not in- 
formed ; but the result proved how wise had been his fore- 
thought ill securing his genera! pardon, for he now pleaded such 
pardon and was discharged. (Lord Lilford's Deeds) 

In the same year, when the parliament granted the king a sub- 






3S2 Antmls of the [Chap. XXL 

sidy of one-fifteenth (a tax which was regulated by the value 
which had been put upon cities, boroughs and other places in 8 
Edward III. 1334), the earl of Derby was appointed one of the 
collectors, and next to him and as one of his coadjutors occuflri 
the name of sir Thomas Bolder {Statutes at large) 

The next year we have sir Thomas appearing in the amiable 
character of a peacemaker between sir John Warburton and sift 
William Boothe, two of his neighbours who were at feud. The 
two knights had had a controversy as to the right to cut turfs on I 
Warburton moss, and at the instance of sir Thomas Boteler and 
sir Richard Bold knights, and William Honford and Laurence 
Merbury esquires, sir John Warburton agreed, and by his deed 
6th May 5 Henry VIII. (1513} of his free mind gave them full 
license to cut two hundred loads of turfs on the said moss, in 
such place as the said sir William Boothe had lately cut them, 
and to give them to the said sir William Eootlie and none other. 
{A rley Papers.) This deed was probably contrived by sir Thomas 
Boteler, whose beautiful autograph is attached to it, as a device 
for making peace between two neighbours. 

The healing of this family quarrel at home was quickly to be 
followed by a storm-cloud of war abroad. The king, in prose- 
cution of the war against France, was now in the Netherlands 
besieging Tournay; and the Scots, then no good neighbours to 
the English, as is remembered in the old distich, 

" If that you in France would win 
You must with Scotland first begin ; " 

which, whether true or false, did not make the two countries bet^ 
ter friends. The Scots thought the war between England and' 
France a good opportunity for attacking the former, and t 
result produced ill feelings which are not yet quite obsolete. 

Sir Walter Scott tells us that once when he and his daughte 
were travelling in Northumberland she was taken suddenly ill at 
Wooler near Flodden, and a doctor was sent for, in whom sir 
Walter^ to his surprise, recognised one of his old gardeners at 



Lords of Warrington. 



383 



Ettrickford ; upon which he asked him how long he had prac- 
tised physic, and intimated to him that his practice might be 
dangerous. The doctor however told him he need not fear, for 
that he confined his practice to two simples, calomy and lodomy. 
But this, so far from assuring sir Walter, led him to express his 
fears that it was likely he would be poisoning some of the king's 
English lieges. "Weel, wed," added the doctor, "never mind, 
'twill take a good many to make up for Flodden." 

In the summer of 1513 the Scots were known to be making 
large musters of troops, for the supposed purpose of compelling 
the king of England to yield the demands of his brotlier-in-law 
James IV., which, if the two monarchs had not been both alike 
imperious, might have been settled without a quarrel. Alarm 
at these preparations and the thoughts of a Scottish war imme- 
diately fired the ardour of the north of England and roused 
Lancashire to entliusiasm, where, as the rhyming chronicler has 
it, they mustered 

^^_ " From WurtOD unto Warrington, 

^^H From Wigan unto ^Vye^sdale, 

,^ From Wedicar to Waddington, 

From Ribchesler unto Rochdale," 

Sir Thomas Botclcr and most of his neighbours summoned 
their retainers and burnished and made ready their arms and 



The war note being sounded met with a ready response ; the 
tenants and retainers everywhere mustered in obedience to it, 
and hot haste and the hurry of preparation disturbed for a time 
the usual quiet of Bcwsey. No muster roll of sir Thomas Bote- 
ler's contingent has come down to us, nor do we know its 
numbers ; but it was doubtless far inferior to that of another 
Boteler of his name though not of his house, John Butler abbot 
of Vale Royal, whose force amounted to three hundred men, 
which, with the assistance of his two esquires Geoi^e Holford 
an d John Bostock, were led to the field by the abbot himself. 

3D 




384 Annals of the (Cow. xii 

The force consisted principally of archers, aad ve may pArp 
conceive an idea how these were armed aod attired firaa tik 
group represented in the window of Middletoo cfanrcb, «^en 
each man carries on his left slioulder a bow with tbe string re- 
laxed, and at his back a large sheaf of ariDu-s. {Hist. IViaU/f. 
PP- S^Si 526.) These were the staple weapons at that tiiDe, and 
the patriarch Jcnkyns, in his old age, used to tell bcnr in 151] 
lie carried a whole load of them to the anny near NorthaQertas ; 
■omc of which were perhaps manufactured at Warringtoo, wfaei^ 
ns we know from the parish register, they continued to be nude 
down to the year 1613, exactly a century later. By the abboc's 
piVHcnce in the host he lent the sanction of religion to the cause, 
and In Hitthting their shafts his archers would "bend their bents 
of douhlc-fatcd yew." The Lancashire archers were famed fo» 
JrawliiK their arrows to the head 

After mu-ttcring under the banners of their re^jcctrve leaders 
tlic forces from these parts marched, as we leani from an old 
rhyme, first to Hornby castle ; 

" From Lancashire and Cheshire, too. 
To Stanley came a noble train 
To Hornby, from whence he withdrew 

And forward set with all his train. 
If any seem abased to be 

That we in battle should be beat, 
Cheshire and Lancashire, with me, 

ShaJJ give the Scots the first onset. 
Next went «ir Bold and Boteler brave, 

Two valiant knights of Lancashire^ 
Then Bruerton bold and Bygod brave. 
With Warcop wild, a worthy squire." 

At Hornby the Lancashire and Cheshire forces, not t 
important part of the army, placed themselves under the c 
mand of sir Edward Stanley, who had the leading of one win^ 
andfimin thence they marched to the North. The abbot trf 



■- XXI. ] 



Lords of Warrington. 



385 



Vale Royal was not the only ecclesiastic in the host, for sir Tho- 
mas Boteler was attended by his chaplain sir William Plumtre 
(Lane. Cliantries, vol. i. p. 60, Chetham soc.) ; and another chap- 
Iain, William Clayton incumbent of Clitheroe, who was also in 
the host, though a non-combatant, returned home wounded. 
{Ibid. p. 141.) If Henry Taylor the Middleton chaplain went 
with his people, his name must be added to the list of eccle- 
siastics who were at Flodden, where, as we know from Marmion, 
services such as theirs were in much request for far higher and 
holier purposes than fighting. 

The approach of a battle always brings solemnizing thoughts. 
On the day of the conflict at Flodden the morning broke with a 
great wind, and we may imagine the Scottish king as he looked 
forth upon the scene holding converse with one of his courtiers, 
after the manner of Henry IV. with his son before the battle of 
Shrewsbury : 



I 



Kit^ Henry. How bloodily the sun begins to peer 
Above yon busky hill, the day looks pale 
At his dis temperature. 

Prince Henry. The southern wind 

Doth play the trumpet to his purposes, 
And by his hollow whistling in the leaves 
Foretels a tempest and a blustering day ! 



The two armies Joined battle on the 9th September 1513, and 
the contest was fierce and furious, for both sides performed 
wonders. The first report was that the Cheshire men being 
overpowered had slightly wavered, which report it is said — as 
ill news has swift wings — reached Tournay before the true 
result of the battle was known, and lord Derby gave way to a 
passionate outburst of lamentation over his friends (sir Thomas 
^oteler amongst them) whom he supposed to have fallen ; 






Farewell Boteler and sir Bold, 
Sure you have ever been to me \" 



ja 







^T ,i, 



■a' iij 



Uhk 



JITTS 



4di. 



»*■ ■ 



IT 3»Tttr:TT 






.tL ^le zrtTiTuiis • 






cf zztt "" ^*~> ifi±r TTZiiifi TT^irrrj.- i^-.y^r-i 5:r tfie Fr^^lisc. bet 

ir.'.rt "A thctfr rrer: it' rirV tz-i:i i:i ibe Er'^'^fTr^ Tbe litter how- 
ever y.-a itr Jihr. Bi>:c>je. sir Bri-jjt T.ir5CiIl cf Thurliad, sir 
Thoma.^ Venab-les the zjizz*2. zi Kiitier:-;:, slt WHIim: Handford 
of Handford ^-shoni ire so lately ss.-*- en^x^ed with <£r Thomas 
hrA/:\cr a% a peacemaker*, sir Edmund Sa\-a^e the ma\*or of Mac- 
clesfield, Robert Foulcshurst esquire of Crewe. Thomas Maister- 
i^m cvjfiirc fA Nantwich, John Bostock esquire of the retinue of 
ihr: H\f)jfd of Vale Royal (//isf, C/tes/i., voL ii. p. 72). James Holt 
c«;^|iiir'r of Stiil/ley, Robert Bebbington esquire of Bebbington, 
with William, Randlc, Jamc», John and Charles his nephe^i-s (an 



Chap. XXI.] Lords of Warrington. 387 

unusual mortality in one family), John or Thomas Sankey one 
of sir Thomas Boteler's archers, great numbers of Macclesfield 
men who fell with their mayor ; and as we know from the brass 
on his tomb at "Letheringham, sir Anthony Wingfield 
"At Flodden did bravely fight and die 

^k Of Wingfield's sons the famed sir Anthony; 

^1 But death he counted mickle gain sith he 

1^^ Over the Scot did gain the victory." 

Edward Fitton esquire of Gawsworth and Thomas Maisterson 
(a young man aged 18, who probably surrendered when he saw 
his father fall) were made prisoners by the Scots. 

But the English loss was as nothing compared with that of 
their enemy, amongst whom there fell the archbishop of St. 
Andrew's, thirteen earls, two bishops, two abbots, fifteen lords 
and chiefs of clans, five peers' eldest sons, La Motte the French 
ambassador, the king's secretary, and last and saddest of all their 
king himself, who commanded in person and fell amidst a host 
of slain. We are told by a Scottish historian that "the names 
of the nobles of his country who fell were too numerous to re- 
capitulate, and that there were few families of note who did 
not lose one or more relatives, while some had to bewail the 
loss of all." 

The Scottish loss was so enormous that Flodden might be 
said to have proved to Scotland another Camia:. 

Patriots bewailed it, and poets sang dirges over it ; but no 
wail for Flodden expresses more feelingly the general sympathy 
which pervaded the nation than the lament in this homely ballad 
written in the dialect of the country : 

''ve heard them lilting, at the ewe milking. 
Lasses a' lilting, before dawn of day ; 

V they are moaning on ilka green loaning ; 
The flowers of the forest are a' wede awae. 
At bughts in the morning, nae blithe lads are scorning ; 
Lasses are lonely, and dowie, and wac ; 





t5$ Ammtis of tki (Cbap.xxl 

Ilk 13s: ins ^nz* leym, sud iiis lier 



jx *tjr>; II :::i; yyirrm^ loe jciidis zxev are jemng; 

.K; v.^ ,*r IT TEtznnxm^ aae t oeing, sae 
1*^ icw;;s ji rxe fcr-sc ore i wede 



A: ^ ^ a :iK jioamnTg, zu jcixnkss sre rooaixzsg 

Svnic scadcs. vttfi ±e Iicsses ii roce to rlxr. 
';>Uc il;. iti^c 3;c^ ircEST. 'iimy'nrmc Iter o 



X\vi iuc ^«^K cr fte jricr. sent ror jads 5> dae bonier ! 

rv y.!;:-:si XX iac2- '::▼ ra:Ie waa ±e dir : 
tV' ioiRcr^ ^*c^rK x^nss; rtic iriKic aje rie fixcxnost, 



>i^ s:ttK:ix Jiic >aaTc? ire ieirdess laud W3e : 

. Jlf;«artt>» T cir ^^flfe^^ Btr-ier, tqL EL p. 131.) 

Si \^>^ Sc.f'cv .*r Hxrcrcri -vos lci:>^:ei ca the field; sir 
\'N^''\<x ^Vcv-o > ,vt:x^t S^^JLJle i biirrser ird he hioiseif a 

W A\tvV'^ o*' :\s !t:?c."r-' rrr^iic .cc^ siiiroi have come to the 
^v-;s., vs\^ ;\t: a: vviri >JL%-'^<: irry dr^ii cf ihe Liw our an- 
\v^v\^ V VsvV Vv v^'^ •'^''^ :rxx^<':« -i*^ >--ts. crust Live taken 
sK'x^v ^ ^ ; No.^ «vcv :*v 1 :^:i:x:!t5 := these suits generally of 
tho N\v^v,''v:v: t,;^v S:^:':^ rVr the r::^.^st r«.r: gentlemen who, 
k^N^^VK u\v*\v\l ituvv cv:ucji:vc thia th^ former. mEght have 
Kv*^ \ \'.\v;\v ^* iv :^x*rc ;u5t Jinsi wiiser. A storj- told of a late 
\\\mU\\ tvuw^^ ;.\ J^ :^.v:tiScrtt vvcat\* lafcrms us that, being jea- 
Kh^x vv| Uw i\^h:>i j^itvi wjttvrhtul ov^r them at ever>- rum, he made 
,1 |SM\\l \xt U\ u\^ by jt Urge sum cct c« his income cverj- year 
t\^ jMv^xulo A l*ixv iuik!. by which he m*g:ht push his rights to the 
viUwn^^I *ut\i vKicnd them *iCJ^ns: all invider^ some of whom 



Chap. XXI.] Lords of Warringtor 

were no doubt deterred by the fear of his long purse. " Next to 
music," he said, "law was one of the most expensive luxuries 
in which a man could indulge." Our ancestors can hardly be 
suspected of being influenced by the notions of this eccentric 
baronet ; but either the law was then less settled and the rights 
of property less respected, or perhaps the law was a civil game 
in which they indulged as a stimulant when the voice of war had 
been silent too long and the temple of Janus being shut men 
had begun to cry out upon the times as too quiet. 

Sir Thomas Botelcr as we have seen had had his share of law 
suits, and generally, if not always, the right was on his side ; 
and now another, to which he was unjustly provoked, awaited 
him. Sir Thomas was the feudal superior of Thomas BlundcU 
who had lately died, leaving James his son and heir within age, 
by which sir Thomas became entitled to his wardship and mar- 
riage. Of tliese valuable privileges William Molyneux esquire, 
without any right as it appears, attempted to deprive him, until 
sir Thomas vindicated his title to both by suing out a writ 
of ravishment of ward, which it is presumed put an end to all 
further claim. {Patent Rolls and Dodsworth's MSS., vol. Ixxxvii. 
fol. 169.) 

In the year 15 1 5, while sir Thomas was living as usual quietly 
in his own house at Bewsey, labouring under an attack of 
sickness, of the nature of which, though it might be the result 
of his fatigues or his wounds at Flodden, we are not informed. 
It appears however that on the 14th April in that year, while he 
was thus stretched on a sick bed, he received a visit of sympathy 
from his neighbour sir Piers Legh, now become a priest, who pro- 
bably administered to his sick friend the consolations of religioiT, 
{Proceedings in tlie Duchy court against sir Tliomas Gerard.) 

On the 27th May in the same year sir Thomas, calling himself 
guardian in chivalry of the body of Gilbert the son and heir 
within age of Oliver Culcheth of Culcheth (who had probably 
fallen at Flodden), sold the said Gilbert's marriage for fourscore 
marcs (26/. 13J. 4/^.) to Thomas Longley parson of Prestwich, 




• 4b 



-- 7- 2M [Cha». XXL 

i-'cen Zjixs^utt xmf 5L:ce-r L-mn^rc e sq Jj c am . and Piers 
L^m^n ^jtlssssslX imi r -rs:* iaizr^ssT" agreed that Gilbeit 
fitcuic "TTSi — 7" smi "nr* *: Tr3; "riii^ re vxikl at his own 
7ii;:i:sin xmi ^bsr^a^^^tr ie =2i:uJi ~iri rr ci iiiCj jgt : and if he 
=i:»:«ilii iie 'iiii^:r± re viri anirrjid n izj ^^nrleaxKnan, then 

Jixiiri-^. T-'i -*r.i.T.«;r* ^r . "^ r> Ji r-zi^lizd better novr, where 
mir— ac^i 15 2i»:r: i -r-.tTT^r ;c lizOc; ihiz c< baiter; but in 
F-x3!Ci. ^triiTi Tnirriiir'^ irt :cii!r ibf Tirk of a marriage broker 
*r 'n~:cc^ -LSrcc r^" i:i'?^frr::g>""'t*'*^ ibtrs is seldom much per- 
sctr^ 3:io; "rm i ricrirn iC-icj 5ib:^¥3 lin even their rule is not 
^.,-»,.^^- 15 i-iLriTCTCi?. It 25 ssl^L izm miL Krt^i^h lady living in 
Fx^s. 'r«i:z^: r>:c i^fizxr T'iri i: "".i~r, riiie ki>Dwn her wishes to 
i *rr;kir. -wb: -lrf:m«^i ibir be kr-rT a bachelor in search erf" a 
*-/i -b-* -^-is tib; viry nir t: 5i-Jt bzr. A ineeting of the par- 
ti-c^ "c'is i'CCjriirs^Iy xror-irtfi : re: Trb-e:: the gentleman made 
r/^ jL^oc-Lrxscc rbi lii^r f:«:ir'i be -stls a secoad Falstaflf in goodly 
•\roc,.ScrjLroir oc r>cir5cc: — := fict, tbit be was what Colman de- 
i:cr/>e< *5 * rav sdr^Ie ^2:ntlec:ez r: lid into one " — whereupon 
>;hv* ntaxU" bcr cuTt5\- ini nstfre-i. tellir^ the broker that she 
b^v'. u-vur^t^w: :bc^ ^cr.r".crr.in --^^ i s:r:^lc man, and that in 
V^t-tc^v:-: i: \^a^ a cr'r/.c :: b^vc r.v.-^ busbands at the same time 
O:: :bo :^v^:b June in ibe >»ir::e ye:ir fir Thomas gave CN-idence 
ot' bis j"v*y •*"'^ o* — > ^atifu* sense cf the semces of an old 
s^n*;".:. :or c^n ;bA: cay bo jjinL^i bis son in executing to sir 
A;\:V.v"'\v F;:;bcrScr: scrcant-jit-'.jiw cCvit. celebrated law writer, 
who attorNxarJs Kvar.:e a v-^iiTC of the common pleas and was 
\Mio vM' tho jiKii::os who sat on the trial of queen Anne BolejTi), 
Tuvhor HoM and Thomas Babin^on esquires, and Thomas 
HUnuUo chaplain, a i^rant of all that his advowson of the parish 
\ huiv h v^f Wamiii^tv^n, to the end that on the next avoidance they 
should ptvsont thorc^tv^ his wcll-bcloved priest and chaplain sir 
\\ lUiaiu rUinUro» for tho j;:^ood love, zeal and favour he bore him, 
ami tv> tho intont that ho should remember him in his daily 
piayors, ^l.ord Lilfon^ls Dccds^ 



Chap, xxi.) Lords of Warrington. 391 

Sir Thomas must at this time have been living within his in- 
come and saving money, for in this year he was a buyer of land, 
and we find him paying money to Oliver Berdisley the rich War- 
rington draper (whose widow married an ancestor of the cele- 
brated antiquary sir Peter Leycester of Tablcy) for the purchase 
of a house in the High street in Warrington, situate near the 
tenement of Thomas Sankey, which was lately in the tenure of 
William Gray the baker. (Lord Lilford's Deeds) 

By a charter dated the ist February 7 Henry VHI. (1516) in 
which sir Thomas Botcler is expressly called a "banneret," he 
and his wife dame Margaret grant to Robert Becconsal clerk, 
almoner to the queen (if by this Katherinc of Arragon be meant 
her almoner had no sinecure), Gcoi^e Boothc, Randle Brereton, 
Henry Kighley, Henry Faryngton. Richard Mitton, Edward 
Aston, Richard Bold and Thomas Babyngton esquires, William 
Boothc son and Jieir apparent of George Bootlie, and Thomas 
Blounte, Ralph Allcyne and WilUam Plumtre chaplains, the 
manor of Laton and lands there and in Magna Merton, Warbrek 
and Bispham, of which the said sir Thomas had lately been re- 
infeoffcd by sir Robert Fouleshurst and others, and the manor 
of Exhale and lands there and in Folkeshull in the county of 
Warwick, and certain lands in Great Sankey, which with other 
lands he had received by the feoffment of Henry lord Grey and 
others, to hold to the use of the said dame Margaret his wife 
for life ; and afterwards to fulfil his will according to a schedule 
diereto annexed, in which schedule it is declared that after the 
death of the survivor of them the said sir Thomas and dame 
Mai^ret the feoffees should hold the lands to the use of Thomas 
the son of sir Thomas, according to the old evidences, but the 
feoffees out of tlie lands granted might enable his said son to 
jointure a wife, (Dodsworth's and Kuerden's MSS., in which sir 
Thomas has the title of banneret ; Bold Deeds) 

In the same year when parliament granted the king a subsidy 
sir Thomas was one of those who were appointed to collect the 
.^ADcashire portion of it. His name occurs next after those of 

31^ 





s «CB— J caH of Deby 
Idnt Ae fanei- poGBcssed 
» asBCit or ddesd 
a l^Ekfc Kfticr a Ui^ tM^ poMT iB tq^ pface^ Bor a long poise 
tatM^amttim. Tkc ^ibmI aft le^gA kd sv Thomas to 61e 
afca<]f€iaMghMtMtfce*Mhj tfcMihKr.aepaitinilarsof wfaJct 
as A^ appear a k 4cscne loWsnai at length. StrTbomas 
■fcetd At Gfcgt S i^yato y^ wfca was sdseJ trf the manor of 
Egaiprtk hcM it of Ub bgr Ig—gr. feahjr- ecn^e and rents 
rfiTiin 111 ^iiTiia. iif ahiifc II iiiir iil mis be (sir Tbontas) 
was scsed at Ae haa^ cf the sui Omt bjr fa^ tenant, and 
that Tiring so seised the said Gaiert &dwftUa thehoonageaf 
ihi I liil ii Ttaiiai . Iqi ijili ■hmtflTii ■ ml liJii mil m iTiii1j> ^ 
of Thomas the said Gikst^ soa aad heir (who was witfaia the • 
age of 21 years) and Ac aanhhtp of the said manor or loidsbq) 
beloi^ed to him the said sir Thomas Botefer; bat that the eari t^ 
Derby 'of his migfat and high power' wToc^fblly- seized and took 
away as well the wardship of the body of the said Thotnas Ska- 
lysbryk as of the manor of Egargaith and thereof deforced the 
said sir Thomas ; that the matter by mutual awsent was sub- 
mitted to arbjtratioa, when the arbitrators hating perfectly seen, 
examined and determined as well the title of the said sir Thomas 
as of the said earl, decided, since it clearly appeared to them by 
evidence that the said manor u-as holden of the said sir Thomas 
by knight's service, that the said sir Thomas ought to have the 
ward thereof, and as to the u-ardship of the body " they took 
time for further advisement," and thereof they so certified the 
said carl by letter ; that he the said sir Thomas, leaving for the 
present his further suit for such award of the body, afterwards 



Chap. XXI.] Lords of IVarringlon . 393 

entered into the said manor and distrained for the rent behind 
since the said Gilbert's death, whereupon divers of the tenants 
forcibly rescued the said distress and violently expelled him the 
said sir Thomas out of possession of the said manor, and after 
such rescue and expulsion the said earl married the said ward to 
a bastard daughter of his own ; and that upon further continual 
suit made by the said sir Thomas to the said earl, and at the 
especial instance and request of the said lord Monteagle and 
others, the said earl agreed and was content to abide the award 
of four other persons, namely, sir Richard Boldc and sir Henry 
Halsall knights and Henry Faryngton and Thomas Hesketh 
esquires, as well concerning the ward of the said manor as con- 
cerning the value of the marriage of the body of the same ward, 
whereunto he the said sir Thomas on his part agreed. And that 
the same arbitrators awarded that the said carl should peaceably 
and quietly have and enjoy the ward and custody as well of the 
said minor, as be quit against him the said sir Thomas of the 
said marriage, and that the said earl, as the value of such mar- 
riage, should pay him the said sir Thomas the sum of 40/., and 
that the said award should not be prejudicial or hurtful to the 
title of the said sir Thomas, and that to such award and to a 
certain bill the said earl as well as the said sir Thomas set their 
hands. Nevertheless and notivithstanding such award, the said 
earl still wrongfully and to the said sir Thomas's great hindrance, 
open wrong and oppression, forcibly kept possession of the said 
manor, and would not though often requested, suffer him to enter 
thereon ; neither would he pay him the said 40/. And the said 
sir Thomas further alleged that he had, and was always used to 
have, a yearly fair at his manor of Weryngton on the feast of the 
translation of St. Thomas the martyr (that is the Warrington 
summer fair, which, until the style was altered in the last cen- 
tury, was always held on the 7th of July, the day of the saint's 
translation, but the popular feeling having then clung to the 
original day and refused to alter it, the fair has ever since been 
kept on the i8th July); that in such fair holden on the said 




394 



Annals of tlte 



[Ch. 



saint's translation in the eighth year of the king's reign (1516), 
the said carl by one John Barnys his servant bought sixteen 
yoke of oxen, and the toU being demanded of him by the said 
sir Thomas's servants and ministers appointed by him to take 
such toll, and he refusing to pay it, the said officers distrained 
one of the said oxen and kept it as a distress for the same ; 
whereupon the said earl sued forth a writ out of the chancery of 
the king's duchy within the said county, because he knew as 
well his might and power in the county as that all the learned 
men of the same shire were retained and feed by him, that by 
force of the said writ such ox was sufTered to be replevied, and 
that aftenvards at the next sessions at Lancaster the said sir 
Thomas was called upon ; but when he trusted to have had some 
learned counsel assigned him, and when he required sdme of the 
learned men then present to be his counsel, they one and all 
refused to be of counsel against the said earl, whereupon he the 
said sir Thomas required the king's justice to assign him counsel. 
But the said justice was unable to cause any of the learned men 
there to be his counsel to make his answer and avowry in the 
said cause, so that he could make no good answer either in this 
or the former matter ; and that he, considering the said earl's 
malice towards him, and his power, friends and adherents, would 
be without remedy at common law within the said duchy, to his 
great hindrance, utter disherison and undoing, unless the king's 
favour were showed him in this behalf, wherefore he prayed that 
the said earl might be called to answer the premises. To this, 
relying perhaps on his court influence, or believing with the 
poet that 

" In the corrupted currents of this worM 
Offence's gilded hand may shove by justice, " 
the earl put in a short reply, in which, without denying or im- 
pugning sir Thomas Boteler's statements, he merely prayed that 
the matters might be left to the determination of the common 
law. {Original proceedings in the duchy office.) Let us hope that 
in this expectation his lordship was disappointed, for sir Thomas 



ever afterwards quietly enjoyed the franchise of the fair without 
interruption ; and let us also hope tliat the justice his manliness 
deserved was done him in the case of the Skarysbryk wardship. 
But we may be permitted here to give a short account of this 
powerful opponent and kinsman of sir Thomas. 

Thomas second earl of Derby, grandson of the first earl and 
son of the historic lord Strange, succeeded his grandfather in 
1504, and in the same year, when the king (Henry VII.) made 
a treaty with Maximilian I. and induced some of his nobles to 
join him in a bond for its due performance, the earl became 
his surety for fifty thousand crowns. But the treaty came to 
nought, and so while he served his money-loving master, the act 
cost him nothing and perhaps advanced his own interests. In 
1513, as we have already seen, he was with the king at Tournay 
when the news arrived of the wavering of some of the forces at 
Flodden and drew from him the lamentation over his friends 
■whom he supposed to have fallen. At the second battle of the 
Spurs, fought near Courtray in the same year, he distinguished 
himself and acquired some renown by his gallantry. In 1520, 
when the emperor Charles V. visited England, the earl by the 
king's command bore the sword of state before him and the 
emperor as they rode from Dover to Canterbury. On the 13th 
May 1521 he was one of the six earls who tried and condemned 
to death the duke of Buckingham, who four days afterwards 
uttered on the scaffold that touching farewell to his friends : 
" You that loved me 

»And dare be bold to weep for Buckingham, 
Go with me like good angels to my end j 
And as the long divorce of steel falls on me. 
Make of your prayers one sweet sacrifice 
And lift my soul to heaven !" 
The carl, who was not one of tlie friends to whom this was 
uttered, only survived the duke's death six days, having been 
gathered to his fathers at an early age on the 23rd May 1521. 
After this short sketch of his career we may well wonder at 






: die atamiStiamct 

k n dK aoBBBfaBEBt of the bv. «Uc& 
■*i^ <f i lfciU gauas. Ifte fcMK Me. anug fcanf TffH 

c at X ^maciMA came tmt tot trial at 
^ me of a rfTiipMlrf ^brtiTM (br West- 
aonAa^' OBK rftlie poitie^ ar.^iinis Lnwtbei; bad tdaoKd 
cvnj'bHinttroBtlieciEciiit skI so'litft bu opp ouei vidaonta 
■^^B conBa Ed 3b§bC mm. Kb *— *™'*''**''^iTt onvatiaa fa3» to 
AkI inft^tti^. aod vjunes seems ooir to bve fallDwed tbe fad 
CMnq i fr act hm so hng; ago b^ die «ad of Dcitgr- It is to be 
bapni AaC die cad as aatuf/nbsa^ pud tbe fees of tbe learned 
iiMMwT he lai t rf a mrrf as Mr. ftDugfuin expressly teQs ns sir 
James Lswtfaer most IsmnBabljr (Ed. 

On the I4tb Ximmber S Henry \1IL (1516) sir Hetuy de 
IT^Jdij came to Bewsey and paid as his Kliet ooe--thlrd of a 
knife's fee Got the lends to Insiuf^ which he fa^ ander sir Tbo- 
■ms Batcler. (Kaeideir's JfSS. Isx the herald's coU^e, vxA. vi.. 
wbcn several ocber homages are recorded) Sir Henn-, a 
lb iMwTiiif of tfaat sir Richard wbo^ with other heroes, shed 
his blood and died on tk great field of Agincourt, paid bis 
icfief amoontii^ to i/ 131. 4^ in angcLs of gold This coin, 
worth &. 4rf, which was first bsoed by Henr>- IV. (of which sir 
Henry so paid faur), is the same ov-er which FalstaiT made so 
merry when taunted by the chief justice with foUowiog the prioce 
of Wales •■ [ike his evil angel" " Xot so. my lord," replied the 
fat knight ; " for your ill angel is /igAf. but I hope he that looks 
upon me will take me n-ithout weighing." 

In the year 1516 sir Thomas Boteler, now being 5S, had 
by his years and his habits of observation gained considerable 
knowledge and experience, and was very near that age which 
the _Rr9"""s thought first fitted a man to sit in the curule chair 



Chap. XXI.] Lords of Warrington. 397 

as a senator. When occasion required it he was " bold as bold 
could be ;'■ and when the clarion sounded to arms he had heard 
and obeyed its call, and marched with the host to Flodden. He 
was now however resting on his laurels and living quietly at Bew- 
sey in the midst of his lai^e family, enjoying the respect of his 
neighbours and devoting himself to the duties of his rank and 
station. Active in the discharge of his public duties as a magis- 
trate, he was equally active in performing the less public but not 
less useful duties of a peacemaker between his neighbours ; and 
when quarrels arose, as they too often did, and these not seldom 
ended in an arbitration, he was frequently called upon to sit and 
act as a judge. He seems never to have served the office of high 
sheriff, and so far as we know (for the Lancashire returns to par- 
Uament from 17 Edward IV. to 33 Henry VHI. are lost) he never 
represented the county as a knight of the shire ; all these public 
employments, which would have detained him long from his 
quiet home, he seems to have studiously shunned. Had he wil- 
fully ignored or refused to discharge his duties to his county and 
neighbourhood, we might perhaps have supposed him taking up 
and uttering the wish of Horace : 

I" Hoc erat in votis ; modus agri non ita magnus ; 
Hortus ubi et teclo vicinus jugis aquK fons, 
Et pauliun silvae super his foret." 
"A home for me with just sufficient land, 
A garden with a springing well at hand, 
Back'd by a grove with gentle breezes fann'd." 

But as a feudal seigneur he knew the duties of his station, and 
had no desire to shrink from them. 

We have before intimated that after the marriage of Margaret 
countess of Richmond with lord Stanley (afterwards earl of 
Derby), which took place about the year 1473, her lord's abode 
became the resort of numbers of the good and wise, while many 
promising young scholars who repaired thither for education 
.^ere maintained at her expense. To direct their studies she 



^^^«^^ 



398 



A finals of tlie 



[Cb*». S 



brought down Thomas Westbury, a learned Oxonian (a person 
of his name was abbot of Norton in 1453, but he could hanily 
be the same). Under the direction of the countess and the 
teachers she chose, Lathom and Knowslcy became a Lancashire 
Academiis, where with the wisdom of the ancients the scholars 
might learn better wisdom than Athens ever knew, except in 
that short interval when St. Paul made it known to her sages and 
wise men as he stood and spoke on the Areopagus. Amongst 
those who frequented her halls when sir Thomas Boteler was 
young were William Smyth and Hugh Oldham, both of whom 
having given promise of talent their patroness is said to have 
maintained at her own expense. Of these men, whom we have 
mentioned before, we may be allowed to give a short account 
here, to prove that the discernment of their patroness was as 
just as her encouragement of learning was liberal. 

William Smyth was born at Farnworth, five or six miles from 
Knowsley, in the year 1460, only a few months before sir Tho- 
mas Boteler. His patroness's care of him continued to the end 
of her life, and seconded by her. influence his merits secured him 
the station he attained. In 1492 he was made bishop of Lich- 
field, and thence in 1495 he was translated to Lincoln. In 1507, 
remembering the help he had himself received, he showed his 
grateful sense of it by founding a grammar school in his native 
place of Farnworth; and in ijii he and sir Richard Sutton 
became joint founders of the Lancashire college of Brasenosc, 
Oxford, in which he secured great benefits to students from 
Lancashire in general, and more especially to those of his own 
neighbourhood. After a busy life, in which he obtained very 
deservedly the reputation of being ever the zealous patron of 
learning, he died on the 2nd December 1513. 

Hugh Oldham, who was nearly of the same age as Smyth, 
was born in the Lancashire town from whence he took his name, 
and, like his fellow-student, he owed his preferment to his merit 
and the judicious influence of his patroness. In 1501 he became 
bishop of Exeter. He was said to be a man of more zeal than 



Chap. XXI.] Lords of Warrington. 399 

knowledge and more devotion than learning. He was a great 
patron of Corpus Christi college, Oxford, and was to have been 
one of its founders ; but when Fox his colleague would have 
made it a house of monks he declined to co-operate, and insisted 
that it should be rather a house for scholars, saying that monks 
were but a sort of buzzing bee whose state would not endure 
long, but that scholars brought up " in learning would be profit- 
able always." In 1510, "for the love he bore to the county of 
Lancaster, where the children have pregnant wits but have 
mostly been brought up rudely and idly, and not in virtue, cun- 
ning education, literature and good manners," he founded the 
grammar school at Manchester. The bishop died on the 25th 
June 1519. Portraits of both these prelates arc given in the 
History of Lancashire. 

It is probable that Erasmus, who was certainly consulted by 
the countess, paid a visit to her at Lathom or Knowsley. Sir 
Thomas Boteler, lord Stanley's near kinsman, lived much with 
him as an honoured guest, and in the learned society then dis- 
tinguishing Lathom and Knowsley and the converse enjoyed 
there, none but a dull learner could fail to profit. From his 
beautiful autograph we know that his handwriting was very 
good ; and this, while all books were in manuscript, was an art 
which would make the reading of them an easier task. When 
every book had to be written and was consequently expensive, 
it was not so easy as it is now to fill the shelves of a library ; but 
at Latliom and Knowsley there would always be at least some 
manuscript volumes, and our ancestors, who could read, happily 
understood the value of that maxim, " multum legcndum est non 
multa," by which they became fuller scholars and more thorough 
masters of the books they had. But sir Thomas Boteler lived in 
the dawn of that day which saw the discovery of printing, and 
he was enabled to enrich his mind by those stores of learning, 
the numerous books in Latin, French and English, which issued 
from the press of Caxton, and by which, while curiosity was 
ex cited, readers as well as works were rapidly multiplied. 

3F 





400 



Annals of the 



(Chap. XXr. 



If sir Thomas Boteler in his rural retreat needed any other in- 
door amusement besides reading books, which the new art was 
then fast mutiplying, he and his guests might resort to that 
ancestor of modern billiards, the game of shovel-board. At 
Bewsey the shovel-board stood with its one end fronting the 
great hall window, where glowing with emblazonry were the 
arms of the Botelers and their alliances, amongst which were 
conspicuous the shield azure with the bend or, and the six 
covered cups of the same, impaled with the shield argent and 
the lion rampant giiles, the origin of which has puzzled the 
heralds so much. The board at which the game was played 
was a strong table about nine yards long and about three or 
four feet wide. About three inches from its upper end and 
parallel to the edge a line was drawn across it, and at the 
distance of four feet from this was drawn another line. At the 
lower end of the table opposite to these two lines the players 
stood, each having four flat weights of metal which they pushed 
or shoved from them alternately, and the skill of the play, 
which required great nicety, was to give the weight a suffi- 
cient impetus to carry it beyond the mark nearest to the edge ; 
for if it was impelled so strongly as to fall from the table into a 
trough placed for its reception, that throw was not counted ; if 
it hung over the edge, without falling, it counted three towards 
the player's game ; if it lay between the line and the edge it 
counted two ; if on the line but not up to the edge, but over the 
first line, it counted only one. A throw which did not reach the 
first line did not count at all. When there were two players the 
game was generally eleven, but when four or more persons played 
the number might be extended. There is a story told of prince 
Henry the son of James I. playing at this game with his tutor, 
which is worth repeating as an example of princely submission 
to authority, like that of prince Hal when rebuked by tlie chief 
justice. The prince while he was playing changed several of the 
pieces, upon which the tutor, desirous to make him observe rules 
even in trifles, told him he did ill to change so often ; and there- 



Chap. XXI. ] Lords of Warrhigton. 401 

upon taking a piece in his hand and saying he could play well 
enough without changing, threw it on the table ; yet not so well 
but the prince, smiling thereat, said : " Well thrown, sir." Where- 
upon, master Newton telling him he would not strive with a prince 
at shovel-board, he answered : "You gownsmen should be best at 
such exercises, being not meet for those that are stirring." " Yes," 
quoth master Newton, "I am meet for whipping boys." And 
hereupon the prince answered: "You need not vaunt of that which 
a ploughman or a cart-driver can do better than you." "Yet I 
can do more," said master Newton ; " for I can govern foolish 
children." The prince, respecting him, came from the further 
end of the table and smiling said, while he passed by him : " He 
had need be a wise man himself that could do that" (Strutt's 
Sports and Paslimcs, pp. 297-299.) 

In the busy year 1 5 16, dame Ellen Southworth having a dis- 
pute with some of her neighbours, all parties agreed to leave the 
matter to arbitration, and sir Thomas Boteler was chosen as the 
arbitrator to settle the matter. (Dodsworth's MSS.) 

In 9 Henry VIII. (15 17), when John de Radclific esquire of 
Culcheth died, it was found by an inquisition post mortem that 
he had held his lands and tenements in Culcheth of sir Thomas 
Boteler by knight's service, and that he paid him for them iii" 
iiit* a year as rent. The finding of the knight's name in so many 
of these inquisitions shows how numerous his feudal tenants 
were, and how great his perquisites from them must have been. 

In the same year we have another of tliose marriage agree- 
ments, which as we have seen were so frequent in feudal times, 
when hands were bartered without the consent of those most con- 
cerned. In this case, by an indenture dated 20th May, "tlie 
right worshipful sir Thomas Boteler knight, guardian of the body 
and lands of Richard Ryselcy son and heir of Robert Rysetey," 
agreed with sir John Yrelande knight, "' touching the warde and 
marriage of the said Richard, now being in nonage and in the 
custody of the said sir Thomas," as follows : First, the said sir 
^^Thoma.i was content and did agree and grant to the said sir John 




402 



Annals of tlu 



ICh/ 



that, by the grace of God, the said Richard should many and 
take to wife Alice Yreland, daughter of the said sir John, before 
the feast of St. James the apostle next coming, and in like 
manner the said sir John covenanted and granted that the said 
Alice, by the grace of God, before the said feast should marry 
the said Richard. The said sir Thomas further covenanted 
to assign and deliver to the said sir John lands and tenements 
(that is of the ward's own) to the yearly value of x. marcs over 
all charges, parcel of the inheritance of the said Richard in 
Culcheth or Weryngton, to hold to the said sir John to the use 
and finding of the said Richard and Alice during the nonage of 
the said Richard ; for all which the said sir John covenanted and 
granted to pay to the said sir Thomas fourscore pounds in man- 
ner following, namely, on the day of the said marriage xxvi" 
xiii* iiii'', and x. marcs at the feast of St. Martin in winter then 
next, X. marcs at the feast of the nativity of St. John the Baptist 
then next, and so yearly x. marcs at either of the said feasts, or 
within xl. days then next following, until the sum of liiiUvi" viii'' 
residue of the said Ixxx'' be fully paid. But it was provided 
that if the said Alice should die without issue by the said Richard 
living at her decease and inheritable before any of the said days 
of payment, that then all the payments behind and not then due 
should cease to be made. The said sir John also covenanted 
and granted "to keep and find tlie said Richard and give him 
meat, drink and clothing, and other things competent and neces- 
sary to him according to his degree until he should come to and 
be of the full age of xxi. yeara" And further, for the more sure 
payment of the said liii" vi" viii"*, residue of the said fourscore 
pounds, the said sir John covenanted and granted that he and two 
sureties would be bounden to the said .sir Thomas in eight several 
obligations each for the sum of x^' payable at the days before 
specified, with a condition that if the said Alice should die 
without issue by the said Richard living at her decease and 
inheritable, then such obligations should be void. {Hale Papers.) 
Sir Piers Legh knight and priest having laid claim to a tene- 





Chaf. XXI.] Lords of Watrington. 403 

ment of sir Thomas's near Bradley, he and sir Piers referred their 
dispute to William Stretforth abbot of Vale Royal and John 
Malbon abbot of Norton, who, having taken evidence upon it, 
on the 14th August 10 Henry VIII. (1518) signed their certificate 
that the property belonged to sir Thomas. {Bold Dmis) 

Disputes in old times seem to have been so frequent and so 
long lived that even the Red sea, that proverbial receptacle of 
certain troubles, had they been consigned to it, would not have 
held them all. Before the battle of Flodden, as wc lately saw, 
sir Thomas Botcler assisted to allay a strife about Warburton 
moss. The ghost of the old dispute however had now risen 
again, and in order to lay it sir Thomas and his neighbour sir 
John Holcrofte. on the 25th October 12 Henry VIII. (1520), 
were made arbitrators by sir John Warburton high sheriff of 
Cheshire and George Boothc esquire, to settle the question of 
their rights upon the mosses of Warburton and Dunham and 
the boundaries between them. {ArUy Deeds, box 12, No. 5.) 

Besides making peace between friends sir Thomas seems not 
to have been behind in works of charity. On the 24th April 12 
Henry VIII. (1520) he headed a petition soliciting subscriptions 
towards building the steeple of Lynim parish church. Nothing 
more clearly shows the commencement of the decline of the 
Church's old influence than thu introduction of this new mode of 
raising money for such a purpose. A century before, a papal 
bull or the promise of an indulgence or an absolution would have 
sufficed to obtain the necessary funds ; but it was now no longer 
so. That sir Thomas took so prominent a part in the matter 
shows that age and the snow on his forehead had not cooled his 
religious feelings. Sir Thomas headed the petition and was fol- 
lowed by sir Piers Lcgh knight, sir John Werburton knight, sir 
William Mohneux knight, sir George Holford knight, Thomas 
Legh, Robert Reddish, James Dumbell, Randle Clayton esquires, 
and William Wilme and John Leigh gentlemen, sir Roger Leigh 
parson of Lymm church, sir Richard Cumberbach our Lady's 
m^st and overseer of the work and sir John Pcrseval parish 



Driest and overs< 




404 



A nnals of the 



[Cm 



priest of the same church. The subscribers join in desiring "a 

charitable contribution towards a steeple now in building at 
Lymm church whereof our blessed Lady is the founder, where 
there are three priests to pray for the benefactors." Matthew 
Leigh and Reynold Leigh were made the collectors, and em- 
powered to receive the contributions of the charitable and well 
disposed. (Sir Peter Leycester, liber C. 264.) The subscription 
list we must suppose was successful, for an inscription which \vas 
lately on the top of the steeple shows that it was built the next 
year. It is now showing signs of age, from which we may sec 
what was the usual duration of such a building erected by our 
ancestors in old time. 

Upon the marriage of sir Thomas's son with Cecile the daugh- 
ter of Piers the son of sir Piers Legh, the latter, according to a 
practice of the time, covenanted with him to make him certain 
periodical payments in consideration of the settlement he had 
made upon the married pair. One of these payments became due 
in 13 Henry VIII. (1520), and it was then made upon the altar 
of our Lady in the friars' church at Warrington, in the presence 
of Richard Slawright the prior, and the discharge for it was 
signed by sir Thomas Boteler thus: "p me Thoma Boteler 
milite." and sealed with the knight's signet, which has a single 
covered cup and the letters " T. B." 

Sir Thomas Boteler, who had shown his prudence by making 
a new will or altering an old one from time to time as his cir- 
cumstances altered, was now approaching his grand climacteric ; 
and he seems to have thought that his end was not far off, and 
that, like a wise man, he should set his house in order and be 
prepared to meet it. His old neighbour sir Piers Legh, who 
made his will about the same time, appears in this respect to 
have been of the same opinion. The attachment to the hermit 
friars which sir Thomas had felt through life remained with 
him to the end. On the i6th August 12 Henry VIII. (1520) he 
signed his will, the e.xordium of which is so solemn that we pro- 
pose to give that and a few other parts of ■*■ '"rbatim, with an 
abridged account of the rest. It is as I 



Chap. XXI,] Lords of Warrington. 

" In the name of God, amen. I, Thomas Boteler knight, hole 
in bodie and myndc, having in good and deliberate remembrance 
tliat the lyfe of man is mortall and of necessitie must dctermyne 
and have an ende, and that the hower and tyme of death is un- 
certainc and much dreadfull ; willing therefoir to be in a readi- 
nesse at all times when it shall please God my saivour to call me 
from this transitoric and wretched worlde, ordeyne and make 
my will and testamente, as well anendst and for the dispocion of 
my landes as for and anendst my godes and chattels, in manner 
and forme as followcthc. First, I bcqueithe my soul to Almightie 
God my redeemer and to his blesside mother cure ladye, and to 
all the holy companyc of all saynts in hevene, and my bodie to 
be buriede, if it please Godd, in the parochc churche of Weryng- 
ton before the ymage of oure ladye in Hotelcr's chapcll, in the 
buriall of myne ancestors nere my father, and I will that a sfan 
or convenyente tombe, with Scripture graven thereupon, be laide 
upon me by the discrecion of my executors. Also I bequeathe 
for my mortuarye my best quike beste ;• and it is my mynde 
and my will that my buriall charges be made, had and done 
after my degre and as shall stande with good manners, withoute 
anie pompe or pride, as foloithe, that is to witte, I will that foure 
and twenty pore men, wheche shall holde xxiv. torches the tyme 
of th' observants of my buriall, shall have every of theme a white 
gowne, and the same torches to be made newe at my costs ; and 
that every persone comyng to my said buriall willing to have doot 
shall have a penny, desiring every of them to say a Pater noster, ■ 
and Ave Maria and Credo for my soul ;t and that every preste 

* The bequest of a great man's best live beasl as a morluar]', wliich was then nsual, 
would now stagger some of our great lovers of (he chase and agriculturists who have 
ncers or hunters, or prizp bulls or liigh-bred caitle. Under such a bequest the hdr of 
tbe owner of "Beeswing" would have stood aghast at the thought of beiug asked 
dlher to give it Bp or redeem it at one or two thousand pounds. 

t The dole for which sir Thomas thus made provision was originilly an alms distri- 
buted al funerab to procure repose for the donor's souL Alas ! how vain If il was meant 
bythiitopropitiate the Eternal Judge. It Isnotueccssaiylotajr, wilhsome, that it was 




4o6 



a Is of the 



[Ch. 



saying Dirigc and masse as they shall be appointed shall have xii'^, 
and every clerk syngyng and doing service at my said burying to 
have iv^. Also I will that a dynncr shall be ordeyned at my costs 
for such persons my kynesmcn and other prcsts as shall come to 
my said burying. Also I will that there shall be foure trentalls of 
Saynte Gregory* said for my soul at London at Scala C<xli\ by 

the first dole (hat caused the (tenth of Ananias and Sapphira; bul il is easy lo see that 
an indiscriminate dislribution of alms al a funerril was sure to draw together crowds of 
the undeserving, and to produce scenes utterly aaliecoailng such solemn occasiont. 
The legiElature saw this evil, and an act was passed in VJ Henry VIII. (1536, c. XXT.), 
only a few yean after the date of sir Thomas Botelei's wilt, which, after reciting that 
"inconveniences ofcenlimcs have and daily do chance among the people Ijy common 
and open doles, unto wliich there most commonly resort many persons who have no 
need of the same," enacled that no manner of persons should make any common dole, 
or give any ready money in alms otherwise than to the common boxes and common 
gatherings for the putting In due eiecution of the good intents and purposes contained 
in the act (against vagabonds and b^gars). But a bad habit proved slrongef 
than an act of parliament, and doles survived it not only (as Mr. Southey tells us) to 
the lime of the civil war \Cetumon Place Book, 3rd series, pt. ii.) but much longer. 
Tliere are persons now living who remember the distribution of a dole at the funeral 
of vicar Alcock of Runcorn, where loaves of bread being given instead of money, some 
by being more active than others got several loaves, when others who more needed 
them got none. In Warrington the memory of this practice of giving doles is pre- 
served in the name of Dolman's lan^ one of the well.known streets near the centre of 
the to\vn. 

• The mass of St. Gregory, one of a great number of masses which had distinctive 
names, was so called from being celebrated according 10 the ritual of that saint, who 
was the first 10 introduce Ufanies into the service of the Church ; the motive of which 
was probably the allied miracle of angel voices being heard singing in the air while 
the Virgin's image was being borne in procession. (Hampson's Medii. j£jii. Cal~, vol. 
ii. p, 247.) St Gregory, who was called the apostle of England because he sent 
Augustine here, has been called also "the worst bishop of all that went before him, 
and the best of all that came after him." He introduced into the Latin Church the 
well-known chants after him which ate called "The GrcgoriarL" He died in the 
yeaf 604. (Brady's Cla^'is Calmdatia, vol. L p. 247.) Sir Thomas Boteler's pre- 
ference for this saint's mass Is probably referable to the connexion of his name with 
Si. Augustine's mission. 

t The original chapel of Scala Call (the stairway to heaven) was erected al Rome 
over (he sacred stairs removed thither from Jerusalem, and said to have been once 
pressed by our Lord's feet. In 1444 John Ratcliff left 40/, to a chaplain (o go on 
pilgrimage to Rome, and there celebrate a trentat of mosses for him in Scala Call. 



Chap. XXI,] Lords of Warrington. 407 

four several priests, suche as my said executors or the more, part 
of theym shall think convenient to celebrate the same. Also I 
bequeithe to hventy several paroche churches in Cheshire and 
Lancashire as shall be thought most convenyente by my saide 
executors, to every of theym x". Also I bequeithe fyve markes 

In this chapel there was a space filled up like a theatre, with the stable of Belblchem, 
and draaiaiis ptrsona: in it as large as life. [Nolls arnf QutrUi, p. 354, 1861.) The 
ch&pel re f erred to by sir Thomas Buteler however, which wu originally erected at 
Windsor, was removed at the instance of Henry VII. in the year 1504 to Wesl- 
roinstcr, and (he number of its priests was then increased from seven to ten. Margaret 
countesi of Richmond, the king's mother, obtained from the pope an indulgence, in 
Tirtue of which nil who heard mass there were to receive the same remission of sins as 
those who frequeDted the original Srala Cali at Rome ; wMch, without any papal bull, 
might very weU be, for devout prayers from believing hearts will have the same eScacy 
every where. The chapel of Scala Cali at Westminster, being the newest religious 
novelty, was popular at that time and came in for the bounty of many testators, 
but it was sufficient for sir Thomas tbnl it was in favour with his patroness the 
countess. Alice Nichols, who died in 1515, left a sum of money to purchase live 
BiBsses of ihc live wounds of our Lord in the chapel of Scala Cali at Weslmiosler 
IXolii and Quiriti, p. 110, 7th August tSsS); aod Henry lord Mamcy in 1523 
ordered a Irental of masses to be said for him in the same chapel. The Virjpn was 
addressed hy the name of Srala Call in Poliilore's formula for exorcising the pos. 
«med, in this short and beautiful hymn which was sung in her honour : 
^^^1^ " Salve mater salvatoris ! 

^^^^ft Pons salutis, vas honoris! 

^^^^^^ Scala Coeli, porta et via ! 

^^^^^^^^_ Salvescmper, O Maria!" 

^^^^^^^^^^H Hail I mother of th' incarnate word, 

^^^^^^^^^^V Thou grxdous handmaid of the Lord ; 

^^^^^^^^1^ Thou slair of heav'n, thou gate and way, 

OMary! ever hail 1 we say. 
In anolher age a monk, Simon of Swineshead, relied upon the virtues of the Siala 
C^i, u these his lost words before he die<l show : 

"To send me to heaven go rynge the holy belle, 
And iiynge for my sowie a miise of S^ula Cali, 
Thai I may clime up aloft wilh Enoch and Eli." 
le S^a Cali so increased in fame that numbers of chapels of the same n 
set Dp in other places. The Austin fiiars at Norwich and Boslon had each such a 
chapel, and the Franciscans al Abrojo in the time of Charles V. called their 
it by that name. 

3G 




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rrz^'-'irro^ ;r ^^t* - ^^-rv ^ti"" ~*i* •isiiiLii TC lie siic 500 mailces 
"vruci iiiiiiji'; rifmj^si i^r^r liiii fu-tji "iLTtf>f< rcrciiasede. and all 
i::.*fC5 ^^1' """--^ — "■ ~^-^ r-icfiirr-rzic "^^t s^*z Diir^r.yjQ of the saide 
gr? .7^ sciiui niLiii i^i iuti. I vZ ihii rz]r= executors shall 

• - ~ ""~~ - - — V J*"* " ."^i * ■—•%—• ■^.Sj-^a. Cj^'V~«*»-^ : '«"*'/»C 






Ct':r::r-L:e- 'ine 2Jii i.zz^z'ri'it m h:~i>:e rre:5Ce, groundely 
lerr-fie :r. ^nrr.ziij'. t: 'r«e ziilfttr :f ihe 5^ie scc-Ie, whfche shall 
save rr-s^i-e, xny ^ni c: i-.^-:~e >er»-:c£ it the saide {>aroche 
ch-rcbe of Wtr.-nrt::: f:r the >cule z\ n:e the saide sir Thomas, 
dame Mar;iarette nnv rt-\-ne. n:*.-i: ancistcrs. and m\-n heires after 
their decea5<:5 ; and that all statutes and ordinances concem}Tig 
the foundacon of the saide scole shall be made and establ}'shede 
by me and myn said executors." 

• John, 2Lh\ftA fA Whallcy, was the unfortunate abbot Paslew who was executed 
before the '\n'}T of the house where he was bom on the I2ih March 1537, for having 
jiAnvl in the pilgrimage of grace the year before. (Whiiaker's //uf, WkaUty, p. 82,) 



Chap. XXI.] Lords o/ IVatrittgioii. 409 

The testator then refers to the indenture of the 29th June 
(7 Henry VIII,) and charges his son Thomas, on his blessing, to 
see it faithfully observed. In the next clause, by which he 
directs that all his tenants to whom he had made any promise of 
leases or terms should have his promises faithfully carried out, 
he shows his strict love of justice. He then confirmed his wife's 
jointure and directed that she should have her dower ; and after 
reciting the indenture of marriage of his son already referred to as 
being the indenture of marriage made between himself and his 
son and sir Piers Legh and his son Piers, and also the indenture 
made in 3 Richard III. and the intention therein, declared that 
his feoffees should hold certain scheduled lands to pay his debts 
and give each of his daughters three hundred marcs towards her 
marriage. He willed that his unmarried daughter Dorothy 
should also have three hundred marcs for the same purpose, pro- 
vided that she should not claim a child's part of his moveable 
goods. He willed that his servant Ralph Aleyn should have for 
his life two messuages in Great Sankey of the value of xxvii' ; 
and reciting tliat he had granted an annual rent of xx' a year to 
Richard Sneydc* for his life for his counsel to him, he willed 
that the said annual rent should be paid to him from a messuage 
in Great Sankey. He also willed that sir William Plumtre 
should enjoy for life certain lands in Crophill-Boteler of the value 
of vi'' xiiii* i'*, for which he was to do divine service, and to pray 
for the souls of himself and his wife and all Christian souls, until 
he should be promoted to a benefice of the yearly value of 
xxli.-f- And, after reciting that he had enfeoffed divers persons 

• Richwd Soeyde, who was of Ihe Middle lempte, was recorder of Chester and four 
tiroes molilwr of parliomenl for that dCy. He was an executor of sir Rickmt Sutlon, 
onr of the founders of Brasenose, and in 14 Heniy Vlll. (1523) he was appointed the 
Idng*! altomey for Chi^hire. 

+ Sir WQliam Plumtre, though he outlived both his palion and Richard Delves the 
then KCUir of Wa-rringlon, never became rector of that living. At the time of hi* 
pAtTOn's death he was rector of Thomlon-le-Moors, and he continued rector there more 
Ihaa lifiy years. He died aboot the t5th November 1545. 






L 



poseof Ac same fcr the health of Us soul; and be appointed h 
li^wcIMidoRd wifcffame Ua^vccBoteler, Randle Pole deri^' 
AndMMty Fttderbertct Richud Soeyd and WOHara Pltuntre U 
be his execotofs ; aod the ■ wahq i fi il Robert Bekonsawe tha 
queen's almoner, and sir Humphrey Coayngsby knight the kiag^ 
chief justice; to be oy cncers of his wilL The will was at fiisC 
mtnessed by Randle Pole pardon of Hawarden, Tbotnas South^ 
woftb esquire, Hamnet Haiyngtoo. Thomas Hoft, John Biilceilf 

■ KMdlePak.ck>l.maiM>M<rf^Hi«dBindfEao«oftfaeCon«tale 
•iHaadMMci. U Jt i> pmfaBbk, he «v of tbe bnnlr of rook oT Pdo)^ kewmil 
fcl nmn of Ail WiDua Pcnle who n m bgm sea w tMU t g u i Bi i j tb» 
UMlesmolofflheUdjiBbelli. b 1511 Randle Ftkn a tmtce of tbr 
tn ljf4 jnne* Stanley boliop of Eljt appoinud Urn a SBpenboc of hit wQl; aod I 
'S'Ti *l>o> (lie dispBte between Wert aito n and BiwwtM* iTinNitini; Wecbattoa ma 
lud i£ini cropped op, he and Geof^e BromleT, lienlenanc-jottice of Cbcsier, a 
•etecaJ otber gentlemen vcre appointed arbitniocs to settle iL l.4r{^ AmO.) 

t Sii Anthony FitihcrbCTI has been already refored tOi If be wrote tfae SeJkt' 
Huiiandryt, which was printed in 1 533 and was the fitit book on piactkal agnooltn 
ercr printed in Engibb; and if be also wrote Tit Survgni^ // Landt — {/tmai Et 
nsmy in Yorkskirf, p. 68, in nolh, Suilees 50c^ wbene however the ju^^'s Aaie I 
thoe woiki li ijueaiionei)) ~ he and sir Thomas Boteler were alike in their love < 
B|[r1cnl>nfal and country punuits. The judge, who was one of the ri^on 
ahliey lielore the diHolutlon, and of whose signature i/arsimilr may be 
Attain FkrttiittMi, died in 1538, and wu buried under a tomb which it stiU pta. 
Htvvd Iri the fine old church of Norbury, near Roccstei in Slaffordihitc. 



Chap. XXI.] 



Lords of Warrington. 



411 



hed,* sir William Plumtre, sir Richard Slawright prior of the 
freres in Weryngton, Edward Birkenhed and Thomas Brad- 
shagh. The testator's prudent caution, which was a part of his 
character, was evinced by the unusual number of witnesses 
called in to attest his will, and by the precaution he took to 
have it read and confirmed on the 19th September following 
before sir Humphrey Conyngsby the chief justice, his son Tho- 
mas Boteler and William Sergeant. The will is authenticated 
by the testator's signet, with the impression of the cup and his 
initials, and signed by him with the mark of the cross. 

In his desire to found a grammar school at Warrington the 
will shows that he had not been slow in his preparations to 
follow the good example set him by his former fellow students, 
bishops Smyth and Oldham, who had founded such schools 
at Farnworth and Manchester. He now took a further step to- 
wards accomplishing his design, and, at his instance and expense, 
his chaplain sir William Plumtre and his servant Ralph Alyo 
purchased to his use and in further performance of his will, cer- 
tain lands, that is to say. of John and Hugh Chaydok and John 
son of Alexander Tyldesley land in Chaydok within Tyldcsley, 
and of sir James Heypey priest a messuage and lands in Wer- 
yngton; and on the 27th February 13 Henry VHI. (1532) he 
made a fresh codicil to his will by which, after reciting these pur- 
chases, he willed that the feoffees should stand seised tliercof to 
the use of the foundation of such free grammar school as was 
comprised in his will, and that the same lands should by the 
advice of his executors and their counsel (learned in the law) be 
made sure to the same use. And he also willed that his feoffees, 
after performing his will, should at the reasonable request of his 
executors make a sufficient and lawful estate of the lands com- 
prised in the schedule to his will, to the yearly value of xx'' above 
all charges to the use of John Botelcr, youngest son of his son Tho- 

* John Birkenhed is possibly the person of his name who ii buried at Harrow, 
(Weerei's FuHtral Menumtnli, p. 300.} 







Annals ef ihe 

mas Boteler, for the tenn of his life, with a proviso that durii^ 
the life of his said son Thomas he should yearly receive to his 
own use x. marcs, parcel of the same xx''. And after reciting 
that he had gi^'en by his n*!!! to bis priest sir William Flumtie 
vi^ xiv i^ out of lands in CrophiU- Boteler for his life, upon cer- 
tain conditions in his will comprised, he declared that if the said 
sir William should be promoted to a benefice of the value of xx' 
or should die within xx. years oext after the testator's decease 
then some other hoaest priest should be named by his executore 
to do divine service as mentioned in his will, who should have 
yearly vii. marcs out of the said lands for his service. He willed 
also that his son Thomas Boteler should have his chain of gold 
with the cross and the stone therein ; also his side furred gown 
and the standing cup and the cover that " my lord of Derby gave 
me," upon condition that he shall be kind and loving to his 
mother, and suffer his executors peaceably to perform his will, 
and should assist them should any other person trouble them: 
and on the further condition that he should claim none other of 
his goods but such as the executors should be content to give 
him. Also he wilted that his wife dame Margaret should have 
the following articles of his plate : First, one of tlie great stand- 
ing pots of silver; item one of the basins and ewers bought of- 
Lawrence Starkey; item two salts and a cover all gilded; item 
the standing cup and the cover all gilded ; item the xiij. spoons- 
of the apostles. Also he bequeathed to sir Randle Pole the 
other great pot of silver, and a salt with a cover parcel gilded, 
with drops. Also to sir Richard Bold an ewer of silver. Also to 
Geoi^e Both esquire the other basin bought of Lawrence Starkey. 
Also to Randle Brereton a salt parcel gilded with drops. AIsO' 
to Thomas Southworth the one salt with a cover which was " my 
lady Massie's," and six of the silver spoons that were " my lady 
Massie's," And also to Henry Kighley the other salt without 
cover and six silver spoons which were " my said lady Massie's. 
Also to Dorothy Boteler his daughter the old standing cup with' 
the, cover. Also to sir William Plumtre a goblet and a cover 





fciuf. XXI.] Lords of Warrington. 4 1 3 

which was " my said lady Massie's." Also he bequeathed to Cle- 
mence Holt towards her marriage xl». Also to Johanna Bulling 
xxvi' viii''. And all the residue of liis plate not before bequeathed 
he gave to his executors to be disposed of for the health of his 
souL 

His plate chest seems to have been unusually rich, and his 
legacies of parts of it to almost every member of his family, and 
the terms in whicli he speaks of them, show his affectionate 
relations with them. 

Sir Thomas who since the will just recited, which proved to be 
his last, had probably languished on a sick bed, quietly expired 
at Bewscy on tlie 27th April 1523, in the 62nd year of his age. 
We may imagine some of the circumstances of his funeral as he 
was borne from the old house to his place of burial. In the 
gloom of night we see the procession led by the twenty-four 
beadsmen in their white cloaks, each with his flaming torch, 
emerging from the deep portals of Bewsey, the light of their 
torches in the darkness of the night reflected from the moat 
making their white cloaks whiter by contrast, and shedding a 
picturesque light upon the scene and its surrounding objects. 
We hear the creak of the ancient drawbridge as it descends 
to allow the procession to pass, and we see the pall bearers 
with the coffin silently crossing over it. We hear the priests 
chanting the Dirige a.nA De profiindis. and their echoing strains 
taken up and prolonged by the deceased's numerous family 
and kinsmen and his still more numerous tenantry and friends. 
The procession winds slowly over Warrington heath, once 
the scene of the alleged compact which cost a Boteler his life; 
it enters the streets of the town which are quiet but not unfre- 
quented, for the townsmen are gazing silently on that which 
now holds the body of their long-loved friend ; and at length 
we see the procession ranged beside the family vault in their 
ancient chapel in the parish church. Presently the solemn rites 
are ended, the weeping friends cast a last look at the remains, 

id they who have taken part in paying this tribute of respect 




1 



4'4 Antais of iJu [Cbat.sil 

to tlK «Wra<M then <fiap CTsg , as die cdioes of tbe J/wmrbl! 
baaAf tm tbetr ezis aad fts bst vail at length dies away. 

Sff TkwBs's wiH was fiist proved at York by ^r ^^Uliain 
FtnnitTe on tlie iTtfa October 1522, and by Richard Sneydi^ 
dame Margaret Botder a»d Randle Poie at tbe same place od 
tbe }Oth of the same iDoath. His instructioas as to the memo- 
rial to be placed over bmi ««Te Eaithfntly fulfilled. A marble 
slab vitb tbe qnnbols of tbe Evai^elists in brass at tbe four 
comers, the remams of which are now m the Warrington museum, 
was placed over hiin; and when Dodsworth visited the parish 
cfaorcb 00 tbe 3i5t Maidi 1635, he tells us he then saw there the 
armsofBotcicrandDelvespatcd. with this inscription: "Prayfor 
the souls of sir Thomas Boteler kn>-ght and dame Margarete his 
wife, which had one sone and ci^t daughters, viz, Thomas married 
CedJe dai^hter to Piere Legh, Margarete married to sir Richard 
Bold knyght, Elen to John Bagote, Elizabeth to George Bothe, 
Isabell to Randle Brereton, Anne to George Atherton, Cecile 
to Henry Kj^hley, Margerie to Thomas Southworth, and Do- 
rothy, Thomas dyed the xxvii. day of Aprill A" M*\"XX1I," 

In the east window he says he also saw these arms of sir Tho<f 
mas and dame Margarete Bolder, namely : " Boteler asure 
bend between six covered cups or, quartered with argent, a lit 
rampant gules" 

" Delves paled with argcnl, a che\Ton gtiks frettj- or, between 
three delves sable," and below it the following inscription : " Orats 
pro aia Thomx Boteler militis et pro bono statu dn^ Margareta 
Boteler vidu^ ac Thorns Boteler armigeri ac omnium filii 
dicta: MargarctiE. Qus Margareta hanc fenestram fieri fecit. 
A.D. M.quingentesimo xxiiij." 

{(.) Of the good knight's only son, Thomas Boteler, we shalt 
have to give a full account hereafter, and in the meantime we 
may add a few words respecting the other children. 

(2.) Margaret, who married Richard Bold (afterwards 
Richard Hold) of Bold, survived her husband, and was livings 
widow in 23 Henry VHI. (1531). He died in 20 Henry VIII. 



'. XXI,] 



Lords of Warrington. 



4'5 



(3.) Ellen married John Bagot. son and heir of John Bagot of 
Blithcfleld in Staffordshire. 

(4.) Elizabeth married sir Geoi^e Booth of X)unham, who died 
agth October 1531. Sir William Plumtre, her father's chaplain, 
left her a legacy of three silver spoons. 

(5.) Isabel was the second wife of sir Randle Brereton of 
Malpaa 

(6.) Anne first married George Atherton of Atherton esquire, 
who died 10 Henry VIII. (1518). By his will he directed his wife 
to have a jointure ; and he left 40?. a year for fourteen years to 
an honest priest to pray for his soul in Leigh church, and twenty 
marcs to the building of the steeple and bells of the same church, 
and other moneys to various charities. After her first husband's 
death Anne married Lawrence Starkey of Strctton esquire, who 
in II Henry VIII. (1519) was the king's receiver-general for Lan- 
cashire. (Duchy Calendar of Pleadings, vol, ii. p. 24.) He pro- 
bably fell into difficulties owing to his receivership, as we find 
from sir Thomas Boteler's will that he had acquired some of the 
Starkey plate. 

There were three other daughters. Cicely, Margery and Do- 
rothy. 

(7.) Cicely married Henry Kyghlcy esquire of Inskip. 

(8.) Mai^ery, who married sir Thomas Southworth of Samles- 
bury knight, after he had been divorced from his first wife Ann 
Stanley. {Lichfield Register, vol. xiii. p. 57.) A dispensation for 
his marriage with Margery Boteler, to whom he was related in 
the fourth degree, was obtained on the loth January 1518. {Ibid) 
Sir Thomas was the founder of the more modern part of Sam- 
lesbury hall, (Hist. WhalUy, p. 430.) He was at Flodden, and 
in one of the Flodden ballads an allusion is made to him as 
" The sad Southworth that ever was sure." 

In 17 Henry VIII. (1526) sir William Plumtre, as sir Thomas 
Boteler's executor, sued him for detaining a casket of money. 
IDuchy Calendar, p, 128,) He died at Samlesbury in 29 Henry 
* 3H 





4i6 



All 



a/s of the 



[ClL 



VIII. (1537), or, according to Dodsworth, in the following year. 
(Hist. Whallcy, p. 420; Dodsworth s MSS.) His son and heir 
John Southworth, afterwards the celebrated recusant, was not 
quite 20 years old when his father died. 

(9.) Dorothy married John Boothc esquire of Barton in 17 
Henry VIIl. (1527) after her father's death. Her will, dated 
7th August 1543, and the will of her husband are printed in the 
Lancashire and Cheshire Wills (vol. i. p. 14 and vol. iii. p. 54, 
Chetham soc.) She was his second wife. 

The usual inquisition post mortem after sir Thomas Boteler's 
death was taken at Newton on the 4th July 14 Henry VIII. 
(1522}, by which It was found that at the time of his death he 
was not solely seised of any lands, but that he held the manor 
of Weryngton from the king of his duchy of Lancaster, as two 
knights' fees at xxvi" a year above reprizes and of the value of 
Ixxx"; the manor of Burtonwood as above in socage for one fee 
at the rent of i** and of the value of Jxxxiv''; and the manors of 
Great and Little Laton, Merton, Warbreck and Bispham of the 
king as above for one fee of the value of Ix''; that he also held 
lands in Ribclton, Stainal, Stalmine, Hamelton and Freckleton 
in socage of the value of xv", but of whom they were held the 
jurors did not know; that he held lands in Preston of the king 
as of his duchy in burgage of the value of vi' viii^; that he held 
five messuages and two tenements in Great Sankey of the value 
of vi' vi*', but of whom they were held the jurors did not know; 
and it was found that Thomas Boteler his son and heir was then 
of tile age of 28 years. 

Having followed sir Thomas to the grave we may be allowed 
to recall a few of the public acts which the Botelers (of whose 
first settlement at Warrington the exact date is not knoivn, though 
it certainly goes back to the early Norman monarchs) effected 
for the good of the place. Soon after the Conquest Roger of 
Poictou was in possession of the whole of Warrington, and from 
him or some of his successors the Botelers afterwards acquired 




f. XXL] Lords of Warrington. 417 

Tie parish church of St. Elfin, which, when they first came to 
rrington, the Botelcrs found was a humble structure of wood, 
■ a time required renewing and enlarging; and this, their 
earliest work, of which the traces were discovered when the 
church was recently rebuilt, was a more durable structure, better 
fitted for its purpose, and more capable of accommodating the 
population. What assistance, if any, was rendered to the work 
by papal or other bulls and indulgences we do not know; but 
the main effort to raise it doubtless was made by the Boteler the 
then lord of the manor, who had his seat upon the moat hill 
close by the site. Until the middle of the thirteenth century 
this church continued the only place of public worship at War- 
rington; but at that time the Botclers brought there a body of 
hermit friars of the order of St. Augustine, gave them a small 
endowment and built them a house, where for nearly three cen- 
turies they continued to minister religious services to the people, 
and helped to keep alive the glimmering flame of learning which 
then burned but darkly. 

On the 20th October 39 Henry III. (1254) William le Boteler, 
sir Thomas's direct ancestor, obtained the king's charter to hold 
a fair at Weryngton on the eve, the day and the morrow of the 
translation of St. Thomas the martyr, which was the first charter 
for holding a fair at Warrington. The charter, we may be sure, 
was not obtained without some cost in money and trouble; but 
what its value was to the people we shall understand better if 
we consider that at that time the roads were bad and travelling 
dangerous, which made it easier to bring goods to seek customers 
than for the latter to seek them, and that a fair always drew to 
it a concourse of strangers whose money could not fail to enrich 
the town. The summer fair had answered its purpose so well 
that on the 7th November 5 Edward I. (1277) William le Boteler 
obtained another charter for a yearly fair of eight days, to be 
held in the winter on the eve. the day and the morrow of St. An- 
drew the apostle and for five days after, and for a weekly market 
on Friday at his manor of Weryngton, (The change in the day 





4iS Ammmis »/ the 

^ Ac week fina Rmbf to Satiiii]x)r, the present market day, 
^^ faaAi^ fane heea oae of like results of the change of style 
wAicfc tHft pbce ■ the hsS ceataiy.) 

; aBSvoed its fouoder's expectations. 
\ Mqr 13 Edwd L (12S5) he obtained the king's 
r *cd B)r saitet at \Ver>-ngton to be held on 
» far cxttadj ag the time of the suouner fair 
feea dMt ^s »B e«k. 

ta I39t sv WSiB Botekr gtanted bis tenants their local 
wmg^ «Mtfc vlack n Mipp fc mcn ted in ijcx) by their charter 
toliH. Thewfej—V of botii these charters are in the Warring- 

TW P at dua aext sav the tksfaaUcoess of making a better 
access lo WanMgton oa the sooth and west ^des by erecting 
bridps: aad CM the 5th July 3 Edward II. (1310) the king 
fnated tis dmter awlho o si a g WHLiam le Boteler of WeT>-ng- 
toa Mid Robert \t Norays to recei\-e certain specified tolls for 
five >'«lirs towards rcpairii^ and sustaining the two bridges of 
WctyagUNi *ad Saak^; whence it is fair to presume that the « 
Botolcfs hkd been ia rtim nental in erectii^ them. \ 

Two other cbaitcis of the 21st May 15 Ed»-ard II. (1322) 
«nd the lAh Man:h 13 Edward III. (1338). which were also 
obtained by the Botelers, show how early they saw. as weU 
for bcUdl as conx-enioicc, n-hat the %-alue was of dean well- 
paved stiwets. These charters enabled William le Boteler 
his oflkets for 11 limited period to levy tolls towards paving 
town. 

Oh the 6th July 58 Edward III. (1464) John le Boteler, Geop. 
(W'y tic Wcrburton and Mathew de Rixton, induced only, as 
ehdrtcr h*s it, by a motive of cliarity, rebuilt in a substantial 
nmniicr the bridge o\-er the Mersey at Warrington, the former 
one having either failed through age. or. which is more probably 
having been swept away by a winter's flood. 

The clergy of Warrington up to this time had been too few 
llirlr work, nnd one of tlic Botelers, desirous to supply the defici' 




thel 
laal 1 
ner 
ill! 

forfl 

\ 



■. XX r.] 



Lords of IVarringioi 



419 



, now founded and endowed a chantry in the parish church, 
1 placed a priest in it to do divine service. 
*Th!s enumeration of some of the public acts of the Boteler 
family brings us to their great work, the foundation of the free 
grammar schoo!, a work for which as we have seen sir Thomas 
had provided the funds in his lifetime. His motives and the 
pious objects he had in view in it were thus stated, by his direc- 
tion, in his own words when the work was completed after his 
death: "Sir Thomas," says the foundation deed, "calling to 
his good remembrance that in the county and shire of Lan- 
caster be very few schools of grammar whereby men's sons might 
learn grammar, to the intent that thereby they might the better 
learn to know Almighty God and to serve him according to their 
duties, by virtue whereof they might the better avoid and eschew 
all vices and use good manners ; thinking also inwardly in his heart 
that through the grace and goodness of Almighty God many poor 
children and young men applying themselves to learn grammar, 
which is the original ground and fountayn out of which doth pro- 
ceed and spring the very mean and plain way to come to the 
clear understanding of good liveing, might approach to such 
knowledge of the light of grace that they might happen to be 
the very clear lanthorn of good example in vertuous living to all 
the country thereabouts, to the good encrease and use of virtue 
and expulsion of all vices." (From Mr. Marsh's excellent account 
of the FoHudatiou and History of Bolder' s Free Grammar Sc/ioot 
at Warrington) 

The wise and pious founder of the school who thus eloquently 

stated his motives and object, showed that it was not mere good 

nature — that passive benevolence which the poet Armstrong 

has called by a hard name — that induced him to undertake it : 

"Virtue and sense I mean not to disjoin, 

L Virtue and sense are one, and trust me still. 
A faithless heart betrays the head unsound, 
Virtue (for mere good nature is a fool) 
Is sense and spirit with humanity." 






420 AttTtals of the 

Sir Thomas Boteler's benevolence, unlike that spurious kiirf 
which costs nothing, was actk'e and far-sighted, costing htin 
both time and thought and money. In founding the school be 
had in view the spread of those great civilizcrs, reli^on and 
learning, and by these he hoped to benefit his time and neigh- 
bourhood. A great monarch on the birth of his son once 
thanked heaven that he had been born when he could hare 
Aristotle for his tutor, and that greater son lived to own his 
large debt of gratitude to his tutor and to call him his second 
father. The sayings of these two wise heathens show their sense 
of the value of education ; but sir Thomas Botcler knew that 
one wiser than either of them had said : " In the morning sow 
thy seed, and in the evening withhold not thine hand; for thou 
knowest not whether shall prosper either this or that, or whether 
they both alike shall be good." The founder probably thought 
as in laying the foundation of his school he was following the 
example set him by two good men, his friends bishops Smj-th 
and Oidham, so his own example would probably find imitators. 
Had he been permitted however to cast his eyes down that long 
vista of three centuries and a half which have since elapsed, it 
would have saddened his spirit to find not only that his free 
grammar school still continued the only foundation of its kind 
in Warrington, but that, until quite recently, the nation had 
taken no heed to the warning which says that "for the soul to 
be without knowledge it is not good," But we, who see the 
dawning of a more hopeful day, if we look backward through 
the same long vista and see sir Thomas Boteler's old foundation 
standing like a beacon on a hilt, may thankfully call to mind 
that under the teaching they received there from a Shaw, an 
Owen or a Bayne, statesmen, lawyers, divines, scholars and 
others in their vocations have risen to eminence and usefulness, 
and that one amongst them, a grateful poet, has sung in graceful 
numbers the praises of "Bewscy," the founder's home; white 
looking round upon our cotemporaries we find amongst them 
many of those we most esteem who have been indebted to its 



\ 



Chap. XXL] Lords of Warrington. 421 

grammar school for the scholarship which has led them to 
honour, usefulness and success. Ought we not then to hold in 
reverent honour the name of sir Thomas Boteler, the founder 
of the free grammar school at Warrington ? 



Annals of the 



CHAPTER XXII. 



^^H staunc 

^^^k becom 

^^^^ a 

1^ 



THOMAS BOTELER, son of sir Thomas and darac Mj 
Boteler, followmg the custom ^^'hich his family had ado| 
for the last four generations, continued to omit to use the prefix 
"Ic" before his name. He w-as bom in 1495, and when he was 
scarcely 1 2 years of age he was a party to the contract of the 
22nd February 23 Henry VH. (1508). by which he was to 
marry Cecilia the daughter of sir Piers Legh and granddaughter 
of that sir Piers Legh knight and priest who is commemorated 
by the beautiful and almost unique brass in Winwick church. 
The sums of money stipulated to be paid by this contract weM< 
paid as wc have seen on the altar of our Lady in the Itasi' 
church at Warrington. 1 

Before this time the marriage, which is incidentally noticed] 
in the Chcskire Recognisance Rolls of the 22nd June 20 Heniy 
VHI., had been solemnized, and Cecilia became the mother of 
Thomas Boteler's children. Unhappily however this marriage, 
by which the families of Boteler, Gerard and Legh became cott- 
nected, was afterwards dissolved by a sentence pronounced 
Lichfield. {Lichfield Register, vol. xiii. p. 57.) When it was 
tractcd, Cecilia, the eldest daughter, had the expectation of 
cceding to her father's estates, an event which, by re-uniting the 
dissevered portion of the Boteler estate, would have effectually 
staunched the old family feud ; but her father having afterwards 
become a widower and married a second wife by whom he had 

son, the pleasing hope of a re-union of the estates was dU 



coa*H 
:d an 
confl 




Chap. XXIl.] 



Lords of U'arnng/o!. 



423 



pelled, and may have been one cause of the dissension which 
ultimately led to the separation of Thomas and Cecilia Botelcr. 

On the gth September 5 Henry VIII. (1513) at the battle of 
Flodden, where almost all the accounts mention sir Thomas Bo- 
telcr with honour, it is probable enough that his son, who was of 
the age at which young warriors then longed to flesh their 
maiden swords, was also present. 

Fights of another kind however were common at that time, 
and the cock-pit (a very ancient institution) where these look 
place had charms in Thomas Botcler's eyes. One of the ad- 
mirers of such struggles traces them back beyond the Christian 
aera, and it is said Dorking fowls were introduced into England 
by the Romans for no other purpose. The two sons of Severus, 
as we read, quarrelled over a fight of this kind ; nor indeed 
was anything more likely to breed a quarrel than taking 
pleasure in seeing two of these birds fight, where 

*' One's 3 broken wing, the other 

»Has a gashM and mangled thigh; 
Choked with blood and wildly gasping, 
Quivering on the ground they lie." 

It is small recommendation of tlie sport that king John loved 
it, and that in a return of the royal hunting establishment the 
sheriff of Lancashire puts down as part of it two hundred and 
sixty game cocks. (Baines' Hist. Liverpool, p. 86.) Another king 
of the same name but of a difltrent realm, king John of France, 
is said to have beguiled the tedium of his long imprisonment in 
England by indulging in this ancient but cruel sport {A'otes and 
Queries, p. 506, 1852); and a later monarch is said to have paid 
his master of the cocks a salary equal to that of two of his chief 
secretaries of state. From all this we may see how popular in 
high places this cruel amusement once was. The word galliis, 
which in Latin means both a Frenchman and a cock, gave rise 
during the French wars of Edward III. to the cruel school-boy 
sport of throwing at cocks on Shrove Tuesday, when every bird 




r «■ safer far tte jiiA Je^ 

firicMls to MwchfrtCT ■■ the atfy part af I5r5 (at least ^ 
a pp rjti to be Ac jrar) wfacfc Aey sam the badtop of Eljr, «fao 
ap po i iacd villi them to invc a tJULk fi ^ at U^nriek cvoy 

Tbc Oe bishops wbo «as no othertfaa Jzbs Staaley tfac 
bmdkcr f)f Ac fiiat czri of Dcrb^. sad was ahrz^ ** annis ifmm 
Ubris peritior.'' Aould take put n p r nmrtimfr sodi a ^urt is 
quite ta accordance widi his character. He bad faia a ly bcea 
rector of Wmwic^ and be fixed tbe meetnigs to take place tbere 
becanse be was fj«wi«r with tbe places On tbc Satttrday ii 
Easter week, being tbe 14th April in tbe above year, alter the 
bishop the promoter of the sport bad been dead only a fortn^fat. 
as Tbomas Boteler and some gentlemen bis friends and otbcts 
were at Vilnwick engaged at tbe cock-6gfat, sir Thomas Gerard 
knigbt, accompanied by Rc4>ert Worsle>' the >'ounger, Hi^ 
Hyndlej-, Robert and Edmund Gerard and Thomas Staale>' gen- 
tlemen, William Lcche and Humphrey BurcheU yeomen, and 
others to the number of eigbtv' persons, without any just cause 
riotously assembled themselves in the highway at Winwick; 
about a quarter of a mile from where the fight was and between 
it and Thomas Boteler's house, and there purposely lay in wait 
for hira. This was observed by sir John Southworth who, sus- 
pecting mischief, accosted sir Thomas GerBrd, and after telling 
him that Thomas Boteler had given him no cause of complaint, 
endeavoured to divert him from his purpose. Heedless of all in- 
tfcaty however, he exhibited great anger, "cast off his shoes," 
bade his companions "quit themselves like men," and commanded 
them, whatever became of himself, to make sure of Thomas Bo- 
teler. After vainly endeavouring to engage sir John Southworth 
to take part with him. some of his men. by his express command, 
riotously seized two of Thomas Boteler's party and so ill-treated 





Chap. XXIl.) 



Lords of Warrington. 



425 



them as to endanger their lives, while another aimed and shot an 
arrow at one of Thomas Boteler's men, which might have killed 
him. It seemed indeed that sir Thomas, if he had not been 
" letted " by sir John Southworth and his friends, would have slain 
Thomas Botelcr ; and sir Thomas's men openly cursed themselves 
for not setting upon him at first when they were " big enough " to 
have done their wills. Of all this Thomas Boteler made complaint 
in the duchy chamber. (Proceedings in the Duchy chamber, ^ Henry 
VIII.) To this complaint sir Thomas Gerard replied that there 
having been variances between him and one James Gerard his 
uncle, and it having been agreed that master dean of the king's 
chapel (the bishop of Ely), and others the king's servants should 
examine the same, they directed sir Piers Legh and sir John 
Southworth to act for them; whereupon they ordered sir Tho- 
mas and his said uncle to come before them at Winwick on the 
above mentioned Saturday, upon which day he sir Thomas, 
accompanied only by seventeen of his household servants, in a 
peaceful manner came to Winwick, where one Thurstan Clare, a 
servant of Thomas Boteler shot an arrow at him and his ser- 
vants and put them in fear of their lives. (Ibid) No two stories 
could be more unlike in the first instance than the complainant's 
and the defendant's, but in the end and after the examination of 
witnesses who proved the facts to be as stated by Thomas Bo- 
teler, sir Thomas admitted the truth of his complaint, and suf- 
fered judgment to go against him. (Ibid.) 

Some incidents and traits which came out on the hearing 
give us no favourable opinion of the times or the actors in these 
proceedings. Sir Thomas Gerard's party it was proved bound 
their hats on their heads with their garters as if preparing to 
fight; and sir Thomas, speaking of Thomas Boteler, said more 
than once that he " would warm his buttocks at the cock-fight." 
The barbarous sport in which Thomas Boteler was engaged 
seems not to have been thought unbecoming the clerical cha- 
racter, for several priests were present and taking part in it, two 
f whom Thomas Boteler sent to sir Thomas Gerard to appease 




436 



AimaU of the 



[CuAT. sxa. I 




him. These ambassadors, who did their best to padfy him,, 
offered him and his company, amongst other things, one haff' 
of the best places if they would come and witness the cock-' 
figlit. {Proceedings hi the Duchy e/tamber, 7 Henry VIII.) Th< 
mas Botcler the complainant was at this time not more than 
years of age. 

The building which was erected for cock-fights at VVhitdiall 
in the time of Henry VIII. having come to be the arena where 
the privy council sat to hear nice questions of law, which were 
but fights of another kind, afterwards resumed its original 
name of Tke cock-pit. Roger Ascham loved a cock-fight, and 
Stowc tells us that in his time "cocks of game were cherished 
by divers men for their pleasures, much money being laid on 
their heads." But then even a bear-bail was " thought fit sport 
for ladies." At a later period the old knights and their chaplains 
C|uarrelled and made friends over a game at bowls, where the 
rubbers, if not less numerous, were less exciting. Cock-fights, 
which by an ordinance of parliament on the 31st March 1654,, 
were put down and absolutely forbidden, were again permitted 
after the Restoration under licences, which were obtained 
from sir Henry Herbert the master of the revels ; and by 
degrees the ohl love of the sport revived nntil it again became 
general. In the course of the present century however more 
just views have prevailed as to its lawfulness; and even be- 
fore the passing ofthe act of 12 and 13 Victoria for abolishing 
it (which docs honour to the present reign) the cock-pit at New- 
ton, a place very near to the scene of the old assault on Thomas 
Dotclcr, its day being over, had been converted into a school, 
and was visited by the author of the amusing story of Sam Slick 
in the company of the writer of this account. 

On the i8th July 9 Henry VIII. (1517), by a deed of settle- 
ment made between sir Peter Legh knight and priest and Pierfi. 
Legh his son and heir apparent of the one part, and sir Thomas 
Gerard knight of the other part, it would seem that Pie 
Hon married sir Thomas's daughter, and that either the same or 



Chap, xxii.] Lords of Warrington. 427 

another sir Thomas married a daughter of Piers the son, while 
Cicely, Thomas Boteler's wife, was Piers the son's half-sister, 
from whence it follows that the three families of Boteler, Lcgh 
and Gerard were at this time nearly connected. (Will of sir 
Peter Lcgh, Legh Deeds) 

Thomas Boteler at this time cither trespassed upon, or, which 
is more probable, claimed title to, the herbage and pannage of 
Halton park, and in 12 Henry VIII. (1520) he and John Far- 
rington were sued by Thomas Aston, who disputed their title. 
(Duchy Calendar, p. 127.) 

Sir Thomas Boteler having died on the 4th July 14 Henry 
VIII. (1522) his son Thomas succeeded to the family estates, but, 
although he was then aged 38, subsequent events proved that he 
had too soon lost the sage counsel of his good father. From a pas- 
sage in his will his father seems to have had a foreboding of some 
evil, and to have feared that his son's character would prove too 
yielding for his position. The pas.^ge runs thus : " And whereas 
by my several deeds indented I have enfeoffed divers and many 
persons in all my manors, lands, tenements, rcvencions, and 
hereditaments, whatsoever they be, to and for such uses and in- 
tents as are contained in the said indenture and in my former 
will enrolled. Now I do will and straitly charge all and every 
my feoffees and their heirs as they shall answer before Almighty 
God at the dreadful day of doom, that neither they nor any of 
them do make any estate, gift or re-feoffment of any of my said 
manors, land, tenements, rents, or hereditaments unto my son 
Thomas, but that they by all ways do endeavour themselves so 
substantially therein that the use of all and every the premises 
may descend and come to the heirs of the body of my said son 
Thomas lawfully begotten, and for default of such issue to such 
person or persons as shall happen to be mine heir according to 
the old deed of entail thereof made, all jointures of a wife or 
wives for term of their lives only excepted." And to the .same 
effect is this passage in a codicil to the will : " Thomas Boteler, 
_4Iiy son, after my decease shall have my chain of gold, with the 



_ _n«wj< auii, aiiLi II 




428 



Amials of Ihe 



IChjt. xxn. 



k 



cross and stone therein." (If this was a collar, it may have been 
the so-called collar of " esses " which an antiquar>- thinks derived 
its name from the first letter of the word satuUis thrice repeated 
in addressing the Holy Trinity.) " Also my side furred gown 
and the standing cup and the cover that my lord Derby gave 
me, upon condition that my son shall be kind and loving to my 
wife, and suffer mine executors peacefully to perform my willr 
and if any other person should trouble them he to assist and aid 
them; and furthermore to claim none of any other goods but 
such as my said executors shall be content to give him." 
" Like leaves on trees the race of man is found, 
Now green in youth, now withering on the ground." 
One generation passes away and another succeeds. It is but 
a short time since we saw sir Thomas Bolder taking great pains 
to secure an eligible match for his son, and now, the father being 
dead, the son takes equal pains to find a like alliance for his son, 
thougli the latter at that time was an infant only a few years old. 
In 14 Henry Vin. (1522) an indenture was made between Thomas 
Botclcr esquire and Edmund Trafford esquire, for a marriage to 
be had between Thomas Boteler the son and heir apparent of the 
said Thomas Hotelcr esquire, and Alice the daughter of the said 
Edmund Trafford," The bridegroom's father covenanted that he 
would make to Anthony Fitzhcrbert, Ralph Longford, Henry 
Trafford clerk and William Trafford a sure estate of lands of the. 
value of xl. marcs for the term of the life of the said Alice; and. 
in pursuance of such covenant and at the request of Thoma» 
llotclor the father his feoffees, sir William Griffith knight, Alex- 

* Eilmiind (nnrrwarrJs sir Edmund) TralTotd, Ihe bride's father, died in it Hctuj, 
VllI,, and lilt urn, aiiolher i\t Edmund, AIIcc'e; brother, who was a icalous pi 
tcr of ihe ductrine* of ihe Reformation, is honoured with a cop; of verses iu Ri 
KoblliKin't Celdm Mirror, A sermon on the marriage of the daughter was preacbo 
by hi* chdpUln Willinm Mnscy, fellow of one of the colltBea at Oxford and afterwat^i 
rector of Wllmslow; and Henry Trafford, who was also b rector of that place, is cotA 
mcmorated by a monument in the church there, and a further account of him will b 
found in Ihc Prectedings of Ihe Lancaihire and Cheshire Ilishrie Society (pp. IJS-I 
1848), 



■, xxn.i Lords of Warnngton. 429 

ander Radcliffe knight, Richard Wrotesley, Humphrey Okcr and 
George Colwiche* esquires, made a feoffment of lands in War- 
rington of the above value to the use of the said Alice, according 
to the covenants contained in the same indenture. (Lord Lil- 
ford's Deeds, and Traffbrd pedigree in Hist. Lan., vol. iii. p. 1 10.) 

Thomas Boteler, who seems to have been much in the king's con- 
fidence, and had been already appointed keeper of his park at 
Halton {Duchy Calendar, pp. 127, 12S), was about this time ap- 
pointed receiver of all his honours, manors, lordships, castles, 
lands and tenements within the county palatine of Lancaster, 
and also in the county of Chester, and the lordship of Bow- 
land in the county of York, parcel of the duchy of Lancaster ; 
and on the 12th February 14 Henry VHL (1523) Edward Aston 
of Heywood in Staffordshire and several other persons, at 
Thomas Boteler's special request and desire, became Jointly 
and severally bound with him to sir Richard Wingfield and 
sir Thomas More (afterwards the celebrated chancellor) in the 
sum of 2000/, to the king's use, conditioned to be void if the 
said Thomas Boteler should justly account to the king's auditor, 
and pay all moneys due from year to year as long as he should 
be in the above office. (Lord Lilford's Papers.) 

One of the court rolls of the manor of Warrington at this time, 
though it contains no record of the infliction of the tumbrel, 
the cuckstool or the scold's bridle, punishments not unknown 
to the country, gives us a glimpse of the other business then 
transacted in this domestic court, and affords an insight into 
some traits of the manners of our ancestors. The record calls 
the court the view of frank-pledge of Thomas Boteler esquire, 
lord of the manor, and his feoffees sir William Griffith and 
others, held there on the 6th October 1523. 

It is in Latin, but we give its substance in a translation. 
It begins by stating that inquiry being then made on behalf 

* George Colwiche wa3 of an ancient family sealed at llie place gfliis own name ia 
StaSbrdshue. Anthony, one of the family, sued Thomas Botelei \a 21 Hciuy VIIL 
a. claim respecting Sankey mills. 





430 



Annals of tfie 



[Chat. XXIL I 




of the lord of the manor by tlie oaths of Richard Tailtour (tie 
first master of the grammar school), Goorge Hughson, Ra)[di 
Allcyn, Rantllc Picrpoint, William Moyle, Roger Herdman, 
Ralph Abram, William Bold, Thomas Hawrobyn, Lawrence 
Clcrkc, Ralph Houghton, Richard Penkethman, Thomas 
WorHtly, and John Robynson (in all fourteen persons), they 
prcRcnted an follows : 

Hugh IJcrdcsiey who for challenging William Breche to figh^i 
in the county of Chester, was fined iii* iiii^. [This person, whoj 
in one character or another appears on the court roll no less thasv 
six time.H, must have been either very unfortunate or very quaiw 
rclsomc.] 

Ralph Abraham [was he the same who was one of the jury?]' 
for an assault and affray on Thomas Byrch's servant man wa*^ 
fined the same sum. 

Richard Tetlow for an assault and affray and drawing the 
blood of Hugli Rerdysley was fined vi' viii**. 

Richard Penkcth for an assault and affray on Hugh Berdisley 
wan fined iii» iiii^. 

John Henmcre for a like assault and affray on Hugh Byrdisley 
wan fined the same sum. 

Thomas Bell, RicJiard Plumbe, Thomas Clarke, John Makya 
•on, John Mather, Thomas Worseley [was this the same who 
was on tlic jury ?], David Wynington, Lawrence Platte, Thomas 
Hawkys, and William Falkner, having their beasts left loose 
once in Arpley were each fined iiii''. 

Hugh Byrdisley for not cleansing his ditch of the length of. 
eighty yards was fined viii'^. 

The suitors of the lord's court being his free tenants, or those 
who held of him by knight's service, who were called to do suit 
according to their tenure were : 

The heir of the earl of Derby, who by reason of his being 
under age did not appear. 

Sir William Molyneux knight being called and failing to ap- 
pear was amerced xiif 



Chap. XXII.] 



Lords of Warrington. 



43' 



Sir Henry Kyghley knight was amerced for the same v\^. 

Sir Thomas Gerard knight was amerced for the same xii-i. 

Sir Thomas Southworth knight the same xii"". 

Sir WiUiam Stanley of Hooton knight the same xii^. 

Thomas Halsall esquire the same xii''. 

Thurston Tyldesley esquire the same xii^. 

Gilbert Kylchctt esquire for the same vi^. 

John Holcroft esquire for the same vi^. 

James Pemberton for the same xii''. 

Henry Sale was found to be under age. 

James son of Henry Blundell was amerced xii''. 

Richard Tarlcton for the same xii*. 

Robert Molyneux of Mellyng for the same xii"*. 

The heir of George Ford was found to be under age. 

Richard Ashton esquire being called and not appearing was 
amerced xil**. 

John Harden the same xii*. 

Richard Longtre the same xii''. 

Arnold Atherton the same vX\^. 

James More chaplain the same xii^. 

The heir of John Sonkey (son of him who fell at Flodden) was 
found to be under age and a ward of the lord of the manor. 

Tlic heir of Peter Danyell was found to be under age. 

The suitors of the lord's court being his free tenants, or those 
who held of him by knight's service, who appeared to do suit 
according to their tenures were : 

Sir Robert Radcliff knight, lord Fitzwalter, who appeared by 
attorney. 

Richard Ryslcy esquire appeared in person. 

Thomas Longley clerk and others, feoffees to perform the last 
will of George Atherton, appeared by letter of attorney. 

The heir of John Mascy of Ryxton was in ward to the lord. 

Richard Holcroft esquire appeared in person. 

Thomas Both esquire and Alicia his wife appeared by attorney. 

Richard Bruch esquire appeared in person. 

3K 




432 



A nnals of tin 



[Ch; 



Hugh Shottilworth appeared in person. 
John Sale for his lands in Bedford appeared. 
Hamo Ashton of Glasbroke appeared. 

Edward Longley's lands and tenements were in the lord's hands, 
George Starkey appeared in person. 
Nicholas Kcnacres the like. 
Richard Tyldesley of Garret appeared. 
William Sale appeared in person. 

Geoige Ireland appeared by the king's writ (per brcvc domim 
regis). 

John Ashton of Penketh appeared. 
Henry Hurst sick and appeared by attorney. 
Elizabeth Ardern appeared. 
Thomas Penketh of Penketh appeared. 
Thomas Ryxton appeared in person. 
Brian Ley appeared in person. 
Henry Slyned appeared in person, 
Gilbert Whittell appeared in person. 
Richard Blackhurst appeared in person, 
John Parre being sick appeared by attorney. 
The heirs of James Care appeared, 

John Newport and otiiers, feoffees of John Byrom's will, ap- 
peared, 

John Fernehed appeared. 
Thomas Norres appeared. 
Edward Arosmyth appeared. 

Richard Sutton had the lord's licence not to appear. 
John Byrkenhed the same. 
Robert Paver appeared. 
Thomas Yarwode appeared. 
The heirs of Richard Shagh appeared. 
John Moite and James Milson were sworn constables. 
Richard Kyngelcy and John Bonell, burleymcn of the town. 
Ralph Alcyn, Laurence Clerk, Laurence Eighes and Hugh 
Acson were sworn tasters of bread and beer and judges of assize. 



Chap. XXII.] Lords of Warrington. 433 

John Penkethman and William Fawkener were sworn burley- 
men for Church street. 

Nicholas Bate was sworn burleyman for Sankey. (Lord Lil- 
ford's Papers.) 

The constables, the police of that day, and the lord's other 
officers were sworn in at this court. The tasters of bread and 
ale and the judges of assize were to see that those articles were 
of proper quality, and that the assize concerning them as to price 
and weight of bread was duly kept. The burleymen, i.e. boor or 
peasant law men, were assessors of damages for trespass, and had 
charge of the fences and ditches of the manor. Besides the fines 
imposed as above there were often others inflicted for disobeying 
the lord's officers, for selling fish of insufficient size, for forestalling 
the market, for laying filth on the highways, and for not making 
a proper ditch when commanded by a jury of twelve men. In 
some respects the powers of this domestic court, particularly in 
the matter of fences and trespasses, might be invoked with 
advantage now. 

The pinner or keeper of the pinfold (the officer who gives the 
title to one of Greene's dramas) is not mentioned in this record. 

About this time Thomas Boteler appears to have parted with 
Crophill-Boteler, a very old possession of his family in Notting- 
hamshire, which should have been especially dear to him because 
it had its distinctive name from his house. The property is 
found soon afterwards in the possession of sir Henry Wyatt, one 
of the king's household, to whom it most probably passed cither 
to satisfy the cravings of some hungry courtier or to relieve 
Thomas Boteler's pecuniary necessities. (Thoroton's Nolls., vol i, 
p. '93.) 

In the same year Thomas Boteler received the king's com- 
mand directing him to inquire into the foundation, patronage and 
other particulars of various churi:hes in the hundred of Salford. 
{Duchy Calendar, vol, ii. p, 29.) What was the immediate occa- 
sion of this inquiry or what was its precise object nowhere 
appears. 





His receivership proved, as it was likely to do, but the begin- 
ning of trouble. He fell into debt, and so falling he resorted to the 
money lenders, which increased his difficulties. There were times 
in England when money lending and the trade in money was 
almost confined to the Jews; but that people in king John's relga 
having undergone great persecution and suffered more than tliey 
deserved, the Lombards (to whom we owe the three gilt balls of 
the pawnbrokers) and others in the north of Italy were encou- 
raged to enter into competition with them, and before the end 
of Henry the Third's reign they had obtained a firm footing in 
England as money lenders and exchangers. {Arckaologia, vol. 
xxviii. p. 307 ; Boldcn Book, Glossary, p. lii„ Surtees soc.) 

In 1256, when the king applied to certain merchants in Lucca 
to lend him money, they wrote to him civilly declining to do so, 
and stating their reasons. {Fifth Report on Public Records, p. 92.) 
In 12S1 one Alexander Norman de Luic was master of the mint 
in Dublin. In iS Edward I. his countrymen there, the merca- 
tores de I.uk de Socictate Ricardorum, having sustained injury, 
the result perhaps of some jealousy, complained to the king and 
their complaints were inquired into the following year. (Docu- 
ments illustrative of English history in the Exchequer, p. 121.) 
In 27 Edward I. an indenture was made between the king and 
the merchants de Societate de Lueca (Ancient Caleitdars of llie 
Treasury, vol. i. p. 103), which probably related to the purchase 
which the executors of his late consort the good queen Eleanor 
had made from the merchants of Lucca of three hundred and 
fifty gold florins, each worth four marcs, with which to gild her 
statue in the Confessor's chapel at Westminster. {Athcnerum, 
p. 1090, 1849.) In 19 Edward III. one Percival de Perch de Luk 
was the king's moneyer. (Rot. Pari., vol. ii. p. 452.) Amongst 
the goods of Richard II. which were found in Havcrford castle 
there were 25 draps d'or de d'vses suytes dount, 4 de cipre et les 
autres de Lukes. {Ancient Calendars of the Treasury, vol. lii. 
p, 358,) Henry v., whose exiiaustive wars made him a great 
money borrower, took up two hundred marcs from Paul de 





■. xxii-l Lords of Warrington. 435 

Milan, a merchant of Lucca. (Nicolas' Agincourt, p. 22.) Henry 
VIiI. employed one Jerom Bonvix, probably a Lucchese, as one 
of his correspondents at Rome in the year 1509. {Cotton MSS., 
509.) And at a later period we have the following entry : " Paid 
to John Parker yeoman of the king's robys, for certain silks sold 
unto his Grace by Anthony Bonvice, merchant stranger, viij" 
xvij' viij'*." ( The King's Household Book, p. 82.) 

This account of the Lucca merchants will explain hgw in the 
next deed one of them comes to appear as Thomas Boteler's 
associate. This deed, dated 30th June 16 Henry VIIL (1524), 
which was made between the most reverend father in God, Tho- 
mas Wolscy lord cardinal, legate a latere and legate archbishop 
of York, primate and chancellor of England, sir Henry Wyatt 
knight, treasurer of the king's chamber, sir Andrew Windesore 
knight, and sir John Daunce knight, on the king's behalf, and 
with his express knowledge, assent and commandment of the one 
part, and Thomas Boteler of Busey in the county of Lancaster, 
esquire, and Lawrence Bonvixi merchant of Luke, of the other 
part, after reciting that the parties thereto of the latter part 
were indebted to the king in 3866/. 13J. i^-i witnessed that, for 
certain considerations, the king was content to take from them, 
and they therefore engaged to deliver, certain velvets, satins, 
silks, malvesees, and other merchandises, namely, yearly before 
the feast of All Saints for six years, whereof 1530 was to be the 
first and 1540 the last : 

300 yards of black Genoa velvet, at I2J. 

236J yards of crimson ditto in grain, 13^. 4^. 

150 yards of black satin and tawney satin, 9J. 

2714 yards of ditto ditto, ys. 

The value of all which it was stated would amount to 500/. 
And should also deliver yearly during the said years other silks, 
woollen cloths, linen cloths, furs, and other wares, which should 
amount in value every year to 1500/. Upon receiving which 
articles, to the value of 3000/. yearly during the first five years, 
the parties of the former part covenanted to pay to the parties 





436 Annals of ilu tCiiAP. xxii. 

of the latter part every year 1333/. 6j, %d., and to place the re- 
maining 666/, 13^. 64- to their credit, and so extinguish yearly 
that amount of the original debt 

The parties of the latter part further covenanted that a re- 
covery should be suffered by Thomas Boteler and George Cole- 
wiche esquires, of the manors of Burtonwood, Laton, Sankey 
and Weryngton, and of one hundred messuages, two hundred 
cottages, four thousand acres of land, one thousand acres of 
meadow, two thousand acres of pasture, two thousand acres of 
moor, one thousand acres of wood, and 40/. of rent, all which it 
was covenanted should be of the yearly value of 193/. &f. &/.; 
and the parties of the latter part also further covenanted that this 
recovery, when suffered, should be for the better assuring the 
fulfilment of the terms and conditions of the above deed. 

The deed contains stringent provisions to meet the event of 
the parties of the latter part failing to keep their covenants, 
from one of which provisions we learn that the value of a butt 
of Malmsey wine landed near the tower was then 3/. 6j. 81/, {From 
a copy of ilu original in tlie Warringi07t museum.) 

The extinction of the debt it would appear was to be accom- 
plished in this manner : 

Five yearly payments of 2000/. each 

would be £'10,000 o o 

From which two-thirds being de- 
ducted 6. 666 13 4 

There would remain to be re- 
tained on account of the debt 3-333 ^ 8 

Upon payment of the sixth and re- 
maining instalment of 2.000 o o 

The parties of the former part cove- 
nanted to repay 1, 466 13 4 

Which last sum, being deducted, 
would leave a sum to be placed 
to the debtor's account sufficient 

to extinguish the whole debt 533 6 8 

;f 3,866 13 4 



Chap, xxii.j Lords of War-. 

How Thomas Botelcr came to owe the king so large a sum after 
he had been his receiver for only a singSe year, does not appear, 
but it is easy to understand how Laurence Bonvixi came to be his 
surety, and how so circuitous a way of discharging the king's debt 
came to be resorted to. The Lucca merchant had silks to sell, 
and the profit to be derived from the sale was sufficient to 
induce him to pledge his credit for the debt The money lender 
in L'Avare, instead of money, made his unfortunate victim take 
some strange articles from him which were not so likely to be 
useful as the silk of Bonvixi, as, un trou madame, el un damicr 
avcc un jcu de I'oie, retwuvcU des Grecs, fort propres a passer U 
tefitps lorsqiu Von n'a que /aire, plus un pcau d'un Uzard de trois 
pieds ei denii, remplk de foin, curtosiU agr^able pour paidre au 
planclter d'une chambre. (Moli^re's L'Avare.) And tlie govern- 
ment of Edward VL were accustomed to borrow money with a 
condition that certain wares of fustians and diamonds should be 
purchased of the tenders. (Froude's //ist. Eng., vol. v. p. 449.) 

To secure still further the king's debt an almost seven-fold 
cord seemed to have been thought necessary. It was agreed 
that the debtor should enter into a recognizance of record, and 
accordingly on the 3rd July in the above year Thomas Boteler 
acknowledges himself by statute to owe to the king a sum of 
4,000/,, with a condition to be void on the fulfilment by him and 
Bonvixi of the terms before agreed on. {From a copy in the War- 
rington museum) 

The contemporary copy of the foregoing instruments now in 
the Warrington museum has a curious history. It appears to 
have been carried by the English Benedictines at the Reforma- 
tion to their house at Lamspring in Germany, and to have been 
brought from their archives by the late rev. Dr. Molyneux who 
gave it to the learned Dr. Robson for the museum. 

In the margin of both instruments the word " vacat" has been 
written in a cotemporary hand, and to each this memorandum 
is subjoined : 

" Irrotulamentum istanim indenturarum pretextu warranti 





438 



Annals of tfte 



: XXII. 



manu regis signati ac dilecto et fideli consiUario suo Roberto 
Southwell militi custodi rotulorum canceUari.'E sucE directi ideo 
istud irrotu lament um cancellatur et dampnatur." 

As a still further security for the king's debt Thomas Boteler 
covenanted to suffer a recovery; which does not mean such a 
recovery as a witty lawyer once told a doctor he would never 
allow his patients to suffer, but a form of conveyance of land by 
record. On the 27th August 16 Henry VIII. (1524) such a 
recovery was duly suffered, and by it sir Henry Wyatt, sir John 
Daunlesey, and Thomas Englefield the king's serjeant-at-law, 
recovered from Thomas Boteler and George Colewiche the 
manors of Burtonwood, Laton, Sankey and Weryngton, as be- 
longing to the same, with the several lands before particularized, 
to the king's use and for the more effectually securing to his 
grace what was due to him. (Lord Lilford's Deeds.) 

Thomas Boteler's marriage with Cecilia Legh, which was 
intended to make peace between the two families, failed to 
produce the desired effect. The old sore being once more 
re-opened blood again flowed out, which in 16 Henry VHI. 
(1542) resulted in an action by Thomas Boteler and his tenants 
in Burtonwood against sir Peter Legh knight and priest, his 
wife's grandfather, Lady Gerard and their tenants, for obstruct- 
ing his right of way from Bradley acre, a place near sir Peter's 
hall there, to Win^vick church. (Duchy Cakndar, vol. ii. p. 26.) 

In the same year Thomas Lawrence appears to have held 
lands in Laton of the value of iv. marcs, in frank marriage of sir 
Thomas Boteler of Beause knight. (Dodsworth's MSS.) How 
and when this estate in frank marriage was created nowhere ap- 
pears ; but if Dodsworth is correct, which probably he was not, 
Thomas Boteler is here called " knight " for the first time. 

In the following year (1525) when an attempt was made to 
stretch the king's prerogative by forcing a tax called a benevo- 
lence, which ivr vi termini ought to be free, it was resisted, and 
the experiment not succeeding it was thereupon abandoned. 
(Froude's Hist. Eng., vol. i. p. 32.) At a later period when the 



Chap. XXII.] Lords of Warrington. 439 

king extorted such a benevolence from the London clergy with 
impunity, they were too weak to resist him. {Ibid. vol. ii. p. 143.) 

In the same year Thomas Botelcr was one of the company 
invited to be present at the marriage of Thomas Gerard to Jane, 
daughter of Peter Legh esquire, and sister of his wife Cecilia 
{Legit Papers) ; from which it would seem that the angry quarrel 
he had had with sir Thomas Gerard was forgotten and laid 
asleep on the occasion. 

Thomas Boteler's father, as we have said before, had pur- 
chased estates and made provisions for founding a grammar school 
at Warrington ; but as he did not live to see his design completed, 
it remained for his son and successor to carry the good work 
into effect, and this was accomplished on the i6th April 1526, a 
day and an event to be ever had in grateful remembrance in War- 
rington. By an indenture then made between Thomas Boteler 
esquire, sir Thomas's son and heir, of the first part; dame Mar- 
garet late his wife, Ranulph Pole clerk, Richard Sneyde esquire 
and sir William Plumtre chaplain, sir Thomas's executors, of 
the second part; sir Richard Bolde and fifteen other knights, 
esquires and gentlemen (four of whom had married daughters 
of the testator and were the intended feoffees of the school), of 
the third part ; and sir Richard Taylor clerk, schoolmaster of the 
intended new school, of the fourth part ; — after reciting sir Tho- 
mas's first intention in the words which have been already given, 
the said Thomas Boteler his son and heir and his said executors, 
as well as the said sir Richard Bolde and others his co-feoffees, con- 
sidering the blessed mind and good purpose of the said sir Tho- 
mas in the premises and intending the perfect accomplishment 
of the same, did ordain, establish, and make a free grammar 
school, to be kept and holdcn for ever in Warrington aforesaid. 
By this deed, and another which is referred to in it, a house in 
" Back-lane " (the present School-lane) and a croft adjoining were 
set apart for the use of the schoolmaster, and were to be called 
" The School-house of Warrington," and lands in Lancashire and 
_Chcshire were at the same time vested in feoffees for the use of 

3L 





440 



Annals of the 



tCH. 



the master; and thus was accomplished sir Thomas Boteler's 
pious intention to provide a means whereby " many poor children 
and young men might approacli to such knowledge of the light 
of grace that perchance they might happen to be the very clear 
lanthom of good example in virtuous living to all the country 
thereabouts to tlie good increase and use of virtue and expulsion 
of all vices." 

On the 22nd November 19 Henry VIII. (1527) Richard Delves, 
rector of Warrington, died ; and although sir William Plumtre, 
sir Thomas Boteler's faithful chaplain, was stiil Hving, and it had 
been sir Thomas's express wish that he should succeed Delves 
if he survived him, on the 6th December 19 Henry VIII, Tho- 
mas Maria Wingfield clerk was presented to the living by the 
executors of sir Richard Wingfield, one of the king's servants, 
to whom Thomas Boteler tlie patron had probably been under 
the necessity of selling tlie next presentation for a sum of money 
to relieve his pecuniary wants. (Lichfield Register^ The vene- 
rable antiquary, Camden, who knew this rector, says he was one 
of the few men he had known who used two christian names, 
but he makes no remark on the peculiarity that one of them 
was a female name. 

On the 10th October 20 Henry VIII. (1528) Thomas Boteler 
exhibited his grant of the advowson of Warrington at the court of 
Lichfield, and entered a caveat against any person whomsoever 
claiming the right to present to the living, which looks as if he 
feared some attempts at usurpation. {Ibid.) 

On the 1st August 21 Henry VIII, (1529), when he was still 
called only an esquire, he took from rector Wingfield a lease of 
the rectory, parsonage and tithes of Warrington to the use of 
dame Margaret his mother. The rector may have been an 
absentee, and dame Margaret, who soon afterwards was in pos- 
session of the adjoining moat-hill and swine-croft, was most 
probably inhabiting the rectory, (Lord Lilford's Papers.) 

The year 1530 must have been an unhappy one in the Boteler 
annals, for Thomas Boteler, being in London early in that year, 



I 



xxit] Lords of Warrington. 44 1 

had a complaint made against him by one Ralph Heaton, who 
stated that, being in the house of John Woodward one of the 
Serjeants of London, he heard that Thomas Botelcr esquire, with 
five or six of his servants, were lying "in wait to murder and 
slay him" (strong language like this seems to have been then not 
uncommon); "that when he espied him with his sword half 
drawn, lie, Ralph, having in his hand a bag of groats, ran upon 
him, upon which they both fell in at a doorplace, when he, the 
said Ralph, escaped from the said Thomas, who with his servants 
also ran away." This reminds one of the old jeu d'esprit on the 
earl of Chatham : 

^^ " Earl Chatham with his sword drawn 

^K Stood looking for Sir Richard Strahan, 

> Sir Richard longing to be at him. 

Stood waiting for the Earl of Chatham!" 

After this, Ralph said that when he had met all such of his 
friends as he could trust he went to a tavern called the Cardinal's 
hat, without Newgate. This place, which was not a very credit- 
able one, is mentioned by a reveller in later times : 



But 



" Vea, my merry mates, and I too 
Oft to the Cardinal's Hat do fly to." 



lut in the times of which we are writing it was kept by one 
Bob^l, from whom cardinal Wolsey had once bought xxviii. 
gallons of "Tcnnysse wine" at fifteen pence the gallon. {Notes 
and Queries, p. 326, 1859.) The sign was not more creditable 
than the place, for it adorned also one of the stews in Southwark. 
When Ralph Heaton and his friends had mustered at the Car- 
dinal's hat he sent word to Thomas Botcler's lodgings, which 
were near, that he was there if he would have any thing to do 
with him, but the said Thomas would not come forth. The 
said Ralph meeting him the next day asked him why he had 
dealt so ill with him overnight, and he denying that he had 
done so, the said Ralph told him he lied falsely like a knave, 




442 



Aftna/s of the 



\Zm 



and, though hke a knave he had dealt with him, he would have 
nothing to do with him then, but would have him "by tlie book," 
that is, he would sue him at law in Easter term then next. 
{ptuhy Calcitdar.) Thomas Botcler in this transaction may have 
been more sinned against than sinning, and his character ought 
not to suffer from the unconfirmed statement of his violent ac- 
cuser. It had been better for him, however, not to have been found 
either in the company of Ralph Heaton or of a London serjeant, 
who, let us hope, was not one of those ministers in buff who were 
the dread of Falstaff, because he knew they sometimes adminis- 
tered " the portion of imprisonment in respect of poverty." 

In the same year he was sued, as the king's receiver, for de- 
taining an annuity, which may have been either the result of his 
poverty or that the claim was not just {Duchy Calendar, p. 212.) 

In the same year Edward Aston his surety, who had now be- 
come sir Edward Aston knight, filed a complaint in the duchy 
chamber, stating that, upon view of Thomas Boteler's account 
for this year, he \vas found to be in arrear 963/., for which with 
52/. I7J-, 4(/., probably for interest, sir Edward had been sued, 
and had incurred 10/. in costs, wherefore he prayed tliat Thomas 
Boteler who, as he alleged, was then present in London, might 
be commanded under a great pain to appear at a certain day 
before the king's council of the duchy, in the duchy court at 
Westminster to answer the premises. (_Ibid^ 

In the same year Thomas Boteler sued John Smyth ifk en- 
ticing away his servant and stealing his horse, two offences of 
a very different character, the one civil and the other criminal, 
which would now be followed by very different consequences. 
(Ibid, p. 141.) 

Thomas Boteler's right to take toll com in the market at 
Warrington was this year disputed by one Robert Hatton, very 
probably the same person of whom we shall hear more here- 
after as sir Robert Houghton chaplain. (Ibid. p. 144.) 

This year also he had two disputes with the Lcgh family. In 
the one he and others were sued by his father-io-Iaw Peter Legh 




^ XXII.] 



Lords of Warrington. 



443 



for interrupting him in his right of common on Dallam moss; 
and in the other the same plaintiff sought to establish the 
boundary between his lands and those of Thomas iJotelcr. 
{Ditchy Calendar, p. 2og.) 

In the same year a disagreement arose between him and 
his neighbours the Bruches, and on the 31st March he, with 
sir Thomas Southworth of Samlesbury (who subscribes with 
a mark instead of his name) and Roger Bradshaw of Haigh, 
signed a bond agreeing to submit all matters between him 
and his tenants and Richard Bruche esquire to the award of 
sir William Lcyland knight, sir Alexander Osbaldeston knight, 
Henry Harington esquire and Edward Molyneux clerk. (Lord 
Lilford's Deeds; Duchy Calaidar, p. 142.) This, like most 
other quarrels in that age, proved to be long-lived. 

In the same year he was sued by the prior of Lytham on the 
old dispute respecting their mutual rights in Lytham and Mar- 
ton. {Duchy Calendar^ 

In the same year he and sir William Molyneux having been 
appointed to adjust the accounts of dame Margaret Bolde widow, 
under the will of sir Richard Bolde knight, her late husband, de- 
ceased, and Tucher Bolde brother of the said sir Richard, by an 
indenture dated the i ith June in this year, allowed dame Mar- 
garet 228/. Zs. f^\d. which she had paid towards the preferment 
in marriage of Elizabeth and Anne, two of sir Richard's daugh- 
ters, arid found that she had in hand 490/. cw. 4//. towards the 
preferment of his other daughters in convenient marriages. 
(Dodsworth's MSS.) 

On the 1st March 23 Henry VIII. (1532) he was required to 
sign another bond to abide the order and award of sir Alex- 
ander Radcliff and sir William Leyland knights, in the matter in 
dispute between himself and Richard Bruche. (Legk Papers) 

On the 26th March in the same year, probably in consequence 
of being again pressed for his debt to the king, Thomas Boteler 
conveyed certain lands to sir William Plumtre to enable him to 
.jt^ceive and pay 100/. a year to the king's use. To the deed of 





Thomas Yateymat« Kat n»o^ttaA a g k3 g y febeyard, xvii^- 
files pml, wUdb let far Bore than tkree ^Mops, is stated in a 
ntm of I and 2 WBp and Maiy. to be near tbc Brk^ eod 
iDmdfy Cakmimr ef PhmJmgs, p. 137.) The 6sii yards in tbn 
achcdnig with othas. some of wiucfa were not in Wamagtoa 
hot which still paid rent to the dochy, are mentiooed in the 
same return. These were Penketh yard. Old yard. Soot^ 
yard, Morc*s yaid, Walton yard. New yard and CresbrolEe. 

Hcniy Tyler p Penkethe fish >-ard, xiii*, 

Roberttis Dunbabyn p Sonky mouthe, viii' 

Hugo Worsley p tncroachiament, vi"*. 

Thomas Nores p Mersche, iiii*. 

Robcrtus Hill p molendino equino, x^ vi* viii*. 

Arthurus Norreis p comite Derbei p terns quz quondam fue- 
runt Willi, Gamett, xi* x^- 

The Ityrkc lands in the tenure of William Demeluff, viiil 
(Lord Lilford's Deeds.) 

The signature of Thomas Botcler to this deed bears a remark- 




and Cre^uoKe. 

d 




Chaf. xxii.j Lords of Warringtmi. 445 

able resemblance to liis signature as a witness to his father's will, 
and to that of the surrender of Furness abbey {Annales Fur- 
nesieitses, pp. 324, 352), but it differs both in form and spelling 
from that attached to the power of attorney he afterwards gave 
to Pcnketh. 

In 24 Henry VIII. (1532) he and dame Margaret his mother 
were again sued by the prior of Lytham on the old subject, the 
invasion of his rights in Laton and Marton. {Duchy Calendar) 

At the herald's visitation in 1533 Thomas Boteler appeared 
and entered his pedigree and arms, the former of which is printed 
and the latter tricked in the herald's book. (Clulham Miscellany, 
vol. i. p. 14) Aske's rebellion was now at hand, and the heralds 
were engaged on a field of arms of another sort, in which the 
Lancaster herald had a dangerous part to play, (Froude's Hist. 
Eng., vol. ii. p. 147.) 

In the same year he was still engaged in the old litigation with 
his neighbours the Bruches. {Duchy Calendar, pp. 142, 160.) 

About this time, probably in honour of the king's marriage 
with Ann Bolcyn, he was knighted, and became sir Thomas 
Boteler the second ; and feeling what has been aptly called 

" The sacred bond of grateful breasts," 

he granted to his faithful chaplain Nicholas Taylor, for the good 
services he had performed for him, two houses in Great Sankey 
for life, he rendering yearly a rose on midsummer-day, if it were 
demanded. This grant, which was dated on the 20th December 
1533. was made the occasion of gracefully airing sir Thomas's 
new title. 

In 25 Henry VIII. (1534) sir Thomas was appointed high 
sheriff of Lancashire, an office which he was still filling in 26 
Henry VIII. (1535), for in that character he then sued Thomas 
Pomfrete and others for interrupting the king's process. {Duchy 
Calendar, p. 201.) 

An act of 28 Henry VIII. passed this year fixed the prices 
of wine and beer as follows : strong beer is. the gallon ; French 





i 



446 Anm^ tf At [ca^. xxa 

or CiJWJB viae 8JL the gaOon ; Spantsfa and Portuguese icioc 
ULtkepOoQ. 

It IS to tikes time of sir Tbomas's Efc that ve must rdcf the 
axBts dsn^ a bend #r bttscen six covered csps tfy, ass^Dcd to 
him by Gvillym. (GviDrm's Htrmiby, pi 310; Glover's MSS. 
Nol 854, pk 2, ta the A ahm ole a n museinn.) 

Id the same year (1534) sir Thomas's necessities led htm to 
port with Exnl, another ancient poasejaioo of his family, whidi 
was BdA for a moocy ooosideratioa to Julius X^hennill. an 
aUerman who had passed the dvic chair of Coventr)- in 1523. 
and whose death was coauoennfated by a [abourcd Lah'n 
epitaph irtiich began thus : " Hie jacet JuUanus Xethennill, 
prostiatos." (Di^dale's Warwidaidre, y^ 114,796; Aitt^uitus 
t)/CffV€Kiwj, pp. 19. 114.) 

The old quarrel with the Bniches was once more revived at 
this time, and on the 5th November in the above year sir Tho- 
mas Boteler and Richard Brucfae esquire entered into a general 
bond for referring all their differences to John Birkened esquire^ 
learned tn the law, and John Gr^'mcsdiche, sod of Thomas 
Gr>Tnesdiche of Hallam. (Legk Pafvrs.) 

In a deed dated iSth December 27 Henry VIII. (1536), and 
which sir Thomas seals with a signet bearing the impression of a 
single covered cup, his mother dame Mai^ret is mentioned 2S 
being still alive. 

But signs which now appeared in the political horizon portend- 
ed danger to the old faith, and more immediately to the greater 
religious houses in all^iance with Rome. Having done the work 
for which they rose these once useful institutions had now fallen 
into the decrepitude of old age, and the outcry raised against 
them threatened to whelm them in one common ruin. Two 
years before this time the house of the Austin friars at War- 
rington, founded by the piety of sir Thomas's ancestors, had 
bowed before the blast and been desecrated and forsaken; but 
when its possessions came to be sold under the statute of 27 
Henry VHI. c. 28 (1536) which abolished all the lesser mo- 



IXXIE.] 



Lords of Warrington. 



447 



Eerics, sir Thomas refused to play the spoiler, and that part 

I left for his neighbour Thomas Holcroft, a wholesale dealer 
\ such properties, which in his liands soon wasted away and 
left no blessing behind them. But the storm which had begun 
with the smaller houses did not rest there. 

On the 9th June 1534, after the bishops and other ecclesiastics 
had sworn to acknowledge the king as head of the Church, and 
the pope's name had been ordered to be erased from the mass 
books, as well as from all other books in the churches wherein it 
was mentioned, the king addressed a circular to the sherifls of 
each county directing them to see his orders on this subject 
strictly observed. (Froude's Hist. Eng., vol. ii. p. 229.) 

Sir Thomas Boteler was then high sheriff of the county, and it 
was probably owing to that circumstance that he was present with 
the carl of Sussex* the king's lieutenant, sir John Byron, and sir 
Anthony Fitzherbert the king's justice, an executor of the late 
sir Thomas Boteler's will, to witness the surrender of his abbey 
by Roger abbot of Furness on the sth April 1537. (West's Fur- 
ness Abbey, p. 169, et seq) We have no evidence that Furness 
lay under any of those grave chaises which were proved against 
some of the other great monasteries. Its sins were political 
rather than moral, its greatest fault being that the monks had 
listened without reproof, if not with approbation, to tlie pro- 
phecies of the nun of Kent and in particular to her prophecy 
that "the decorate rose should be slain in his mother's belly," 
which Delphic oracle the monks interpreting, perhaps according 
to their wishes, understood to mean that the king's grace should 
die by the hands of the priests. (Ibid. p. 165 ; Froude's Hist. 
Eng., vol. ii. p. i6sk.) 

Sir Thomas Boteler's pecuniary embarrassments meet us at 
this time in various forms. On the 27th October 29 Henry 

* Lord Snssex, llien Ihe king's lieuletiant, vras Robert RatdifT, the son of thai lonl 
Fitzwalter who was pul to <lcalh for lalting part with Pcrkin Warbeck. But in ihal 
■ge hate wai not hereditary or Ihe king would hardly have offered, or he have 
lO respon^ble an office under the crown I 



•Mnled, so respon^bl 




448 



Annals of the 



L 



VIII. (1537) he leased the advowson of Warrington fix met)- 
ycftrs to William Bruche "citizen and merchant tailor" of Lon- 
don and Hamlet Shawe, by whom it was afterwards ass^ned 
to Kichard I'cnketh for no other purpose as it would seem 
thun riilMing money, {Lkh^ld Register.) 

On the 2nd June 30 Henry VIII. (1538) the king granted sir 
Thomas a lease of the moss at Upholland, with some other por- 
tions of the late dissolved priory there, for a term of twientr 
years. (Dugdalc's Monasticon under Holland.) Sir Tbocou 
had not hitherto stained his hands by dealing in abbey pn^)eity. 
Did he, when now consenting to it, plead the Mantuan's excuse, 
" my poverty and not my will consents"? When his namesake 
Thomu!4 Hoteler, abbot of St. Peter and St. Paul at Shrews- 
bury, surrendered his monastery to the king's commissioners on 
the 34lh January 1539, a John Waryngton occurs in the list of 
his monks. Almost from the Conquest, when Roger of Poictou 
gave part of tlic great tithes of Warrington to that abbey, there 
hud been a connection between it and Warrington, and this may 
have led this monk to make his profession there ; though the 
nbbot, notwithstanding his name, does not appear to have been 
of the Bewsey family, 

Tlii.s year sir Thomas leased to Henry Kirkby gentleman 
the site of hia manor at Laton in the county of Lancaster, then 
in the possession of dame Katherine Kirkby the lessee's mother, 
and another of the family possessions thus melted away. (Dods- 
wortlVs MSS.) 

In 31 Henry VIII, (1539) sir Edward Keble clerk, calling him- 
self parson of Warrington, filed a bill of complaint in the duchy 
chamber against sir Thomas Botelcr, alleging that sir Thomas 
being the patron of that church and disposed about three years 
before to present him to it, which was then vacant by the re- 
signation of Thomas Maria Wingfield, desired him to seal to him 
a lease of the parsonage for the term of sixty years, reserving 
yearly to him the said sir Edward a rent of 40/, ; that upon 
such desire and request he, before his admission, institution and 




Chap, xxii] Lords of Warrington. 449 

induction, scaled such a lease, and was afterwards admitted, in- 
stituted and ihducted to the said church and lawfully made par- 
son of the same. That before he actually entered into the said 
parsonage sir Thomas, for the sum of 186/. 13J. 4^. whereof he 
received 124/ 6j. Zd. in hand, bargained and sold his said pre- 
tended term and interest in the said parsonage to one William 
Bniche of London and Hamlet Shawe, who, by colour of the 
same bargain, entered into the said parsonage; and, with a view 
to having the said lease set aside, the complainant then alleged 
that it was not good in law nor effectual to bind him, since, at 
the time of making it, he had no interest in the said parsonage; 
and he further complained that a tortious possession had been 
taken of the lease of the said parsonage lands, and that an illegal 
execution had been entered on a recognisance. {Duchy Calendar, 
Henry VIII. 5« d, k 1.) Wingfield, Keble's predecessor in the 
rectory, probably unable to keep pace with the reformed doc- 
trines, had resigned his benefice about November 1 5 37, for on the 
8th of that month Keble was appointed to succeed him. How- 
ever unfair his patron's conduct had been in extorting the lease 
Keble, who knew it at the time, was certainly not blameless in 
afterwards seeking to set it aside for the reason he assigned. 

Although sir Thomas made use of the services of William 
Bruche of London and confided in him as his trustee, he still 
continued on bad terms with the rest of the family, as we know 
from some proceedings contained in the Duchy Calendar of 1540. 

It is evident that sir Thomas Boteler enjoyed the good opinion 
and esteem of his neighbour, Thomas Rixton of Much Sankey, 
gentleman, for when he made his will on the i6th January 1540 
he appointed him (calling him "his good master") to be one of 
his executors. {Lancashire and Cheshire Wills, vol. ii. p. 256.) 

The dispute between the Bruches and sir Thomas Boteler now 

assumed another feature, and became the war of their servants. 

Humphrey Wood and Thomas Starkcy the servants of sir 

Thomas, and it is presumed by his command, had taken and 

_detained one Richard the son of Handle Harp, whereupon the 





450 



Anna/s of tke 




said Richard and Randle, by Richard Bruche esquire, havHi^ 
gi^-vn the necessary security, sir William Leyland knight, high 
sbcriff of Lancashire, on the 13th September ^2 Henry VIII. 
(1540). issued his wamnt to the bailtfT of West Derby and 
the constables of Warrington commanding the said Humphrey 
Wood and Thomas Stail:ey to appear at Lancaster to answer 
the charge ; which char^ it would seem was then referred to the 
awsm] of sir William Leyland and sir William Norreys knighis, 
whose award sir Thomas Boteler. on the 21st of the same Sep- 
tember, entered into sureties faithfully to observe. {Ducf^ Caltn- 
t/ar. pp. 142. l6a) 

In 53 Henrj- VIIL {1540) sir Thomas Boteler was sued by 
Peter Lcgh for not rendering him a service called Godspeny, the 
exact nature of which does not appear; * and the following year 
saw him involved in another suit with the same family respecting 
their mutual claim to some lands in the neighbourhood. {DmAf 
d/rfh/nr, \T>1. iL pp. 64. ;-4.) 

In imitation of the great feudal lords of media[:va1 times the 
pope claimed, and used to receive, from every archbishop, bishop 
and other ecclesiastical person the hrst year's profits (called the 
first fruits) of his benefice after he was appointed to it, and also 
one-tenth of such profits every year afterwards. The valuation 
of all benefices for this purpose, called the taxation of pope 
Nicholas, was first made in the year 1291, and according to it the 
first fruits of the rectory of Warrington were rated at 13/. 6s. SdE 
and the tcntlis at i/. 6j. S*/.. and this valuation continued in force 
until 26 Hcnrj- VIII. (1534-1535), when a new valuation was 
made and the first fruits were raised to 40/. and the tenths to 
4/, thus showing that the value of the Ii\nng had increased more 
than threefold in little more than two hundred years. The right 
to receive both the first fruits and tenths being afterwards trans- 
ferred from the pope to the king, there would seem to have been 
at first some remissness on the king's part in collecting theaO' 

■ Some of the (ana Icnuits at Famesi »bbcy are mentioDed u P*yiiV <xif 
~God'i pennjr." {/tHmaia Fkmeitiua, p. 15.) 



Chap. XXII.] Lords of Warrington. 451 

dues, which most probably arose cither from their being in a state 
of transfer from the pope to their new owner or from sir Thomas 
Boteler's circumstances being weak. These first fruits were 
really due from the clergyman who was presented; but most 
probably the obligation to pay them on the presentation of sir 
Edward Keble was thought to belong to his assignees under the 
lease, as they were sued for them in the court of first fruits, and 
on the 28th June 34 Henry VIII. (1542) had a decree pronounced 
against them for the sum of 36/. ; after which, on the 4th October 
next, the following receipt was given : " Received of John Rise- 
ley of Culcheth gentleman, to the king's use, 9/. sterling, being \ 
part of 36/. for the first fruits of the parsonage of Warrington." 
Signed "John Rok." {Hale Deeds) 

The year 1540, within which the last instalment of sir Thomas 
Boteler's large debt to the crown was to be paid, had come and 
gone, and sir Thomas and his surety, having kept their cove- 
nants and duly paid such instalment, were now entitled to their 
quietus. For this it would appear that sir Thomas had applied 
to the king, and on the 4th October 34 Henry VIII. {r543) an 
indenture was made between the " most excellent and victorious 
prince Henry the Eighth, by the grace of God king of England, 
France and Ireland, defender of the faith, and on earth of the 
Church of England and also of Ireland the supreme head," of the 
one part and sir Thomas Botcler of Bewsey of the other part ; by 
which, after reciting the indenture ol the 30th June 1524, the 
recovery suffered and the recognisance and statute staple acknow- 
ledged in pursuance thereof, and that the king by reason thereof 
was not only seised in his demesne, as of fee to his own use of 
and in so much of the manors and lands comprised in the said 
indenture as the sum of 3866/. 13^-. i^. would amount to at the 
rate of twenty years' purchase; but also was justly entitled to 
have of the said sir Thomas the several sums of 4000/ mentioned 
in the said recognisance and statute staple; yet that of his 
"ample and infinite goodness and special grace, and in consi- 
deration of the good and faithful service the said sir Thomas had 





453 Annals of tlu [Cair. xm. | 

heretofore rendered," his majesty was pleased to grant and <fid 
thereby gmnt that he would do and suffer all reasonable acts and 
thingH for rc-convcying the said manors and lands to the said sir 
Thomait, his heirs and assigns, and also for releasing and dis- 
chnrging him of the .taid debt of 3866/. 13^. 4^. and cancellii^ 
the Raid Indenture, recognisance and statute staple. In return 
for all which air Thomas covenanted that, within two months 
aflcr Nuch re-conveyunce should be so made, he would convey 
to hiM H.ild sovereign lord the king, for an estate in fee-simple, a 
pimtiirc CHllcd Unltam meadow, another meadow called the Over- 
end nf iho I'lckks, another meadow called the Colt's hey meadow, 
H piiNtLirc called DiiUum sparth, the messuage and lands in the 
occiipiition of Jnmcs Rogerson, all which several premises were 
Nituute In Hiirtonwood; a pasture called the Hollyns, two water 
nillh ill the occupation of Thomas Sonkcy, a meadow called the 
Carro meadow, another meadow called the Fayrclands, several 
mcHNiiiigcn nnd lands in the occupation of William Honte, 
(icorgo Klam, William Hcnryson, William Hardeman the elder, 
Williiim I Inrdemnn the younger, Alice Hardeman widow. Henry 
Ilusylwalt, John Hardeman, William Bullyng, Richard Golden, 
TliomaN llarrowe, John Porter, Thomas Olivcrson, James Twen- 
brtik, John Oliverson. Richard Barowc and Thomas Haryson, 
which naid several other premises were situate in Great Sonkj'e; 
and all which xaid premises the said sir Thomas Boteler cove- 
nanted should be and remain of the yearly value of 50/. 1 2^. {Bold 
JifftU.) Thin deed is authenticated by the king's sign manual, 
urn! is Hcoled with the great seal of England. {Ibid.) 

The divorce between sir Thomas Boteler and his wife Cecilia 
had taken place before this time, for in the last deed his wife is 
expressly called datnc Elizabeth. This lady, sir Thomas's second 
wife, was the daughter of sir Edward Sutton and the widow of 
John Huddlcston.* 

' Etame Eliiabctli'i faiher in 150a vas tried before the lord slevoid for rdcmy 
commilted in the county of StaHbrd (Collins' Ftfragt, vol. L p. 70), and in the yrar 
I joS was lord oi Tussingtuuu in Cheshire ( lf't:tmiHilfr Pafm). He vu the son of that 




Chap. XXII.] Lords of Warrington. 453 

Sir Edward Keble, whom we so lately saw contesting the 
lease of the Warrington parsonage which he alleged to have 
been extorted from him, and which it would seem was set 
aside on the loth March 34 Henry VIII. {1543). executed a 
new lease of the same premises to Richard Pcnketh, son and 
heir of John Penketh of Penketh gentleman and John Grims- 
ditch gentleman (elsewhere called sir Thomas Botcler's counsel 
learned in the law) for two hundred years from the 25th March 
then next, reserving a rent of 20I. a year, (Lord Lilford's Deeds.) 
On the 14th of the same month of March this lease was con- 
firmed by John lord bishop of Chester the ordinary, and sir 
Thomas Boteler the patron of the living; and on the 25th June 
3 Edward VI. (1549) by the dean and chapter of Chester, 
This anxiety for confirmation seems to betray a consciousness of 
something wrong; though, when the lease was referred to in a 
subsequent suit, it was admitted without disguise or reprobation 
that Penketh and Grimsditch, the nominal lessees, were no more 
than trustees for the patron. 

On the Sth April 34 Henry VIII. (1543) the king by letters 
patent under the seal of the duchy, after reciting the indenture of 
the 30th June 16 Henry VIII. (1524), the debt thereby secured, 
and the recovery, recognisance and statute staple therein men- 
tioned, acknowledged himself to be satisfied of his debt, re-granted 

lord Dudley who ruined himself by uauien and was coiened out of his estate. (Dug- 
dale's IVartaiciihire^ p. 305 ; Gwillym's Heraldry.) He was lilcrally turned out of 
Dudley cojtle by hU rigorous creditor, and as he loitered about the Dudley market 
place the people gave him the name of Lord Quendam. {Athaiaum, p. 476, Sth 
October 1870; Hiit. Cheih., vol. il. p. 331.) John Huddlcston, dame Eliiabcth's 
Gr^l husband, was of Sawston in Cambridgeshire, which his family, who sprung from 
Hulton John, and Millom in Cumberland, acquired in I496 on B purtilion of Ibe 
Neville alalcs. The Huddtestons stilt rside at Sawston, which is a fine old place 
four miles from Cambriilge, having the royal arms above the house door. John 
Huddleston, one of the family, was mudi trusted by queen Mary. [Fuller's Wurthia, 
p. 168,) Christopher Huddlcston, the correspondent of Leycesler from Emden in 
1580 was another {Cat. Cellan AtSS., p. ijt) ; and so was John Huddlcston who 
raved the life of Charles IL, and aherwards became bis confessor and reconciled him 
to Rome. (A'd&i and Qiieriei, pp. 395, 438, 1856.) 





454 



Ammls of the 





to sir Thomas Bolder the several manors of Burtonwood, Laton, I 
Sonkcy and Warrington, and commanded the keeper of I 
public rolls to cancel the indenture and the several instruments 
therein mentioned; which last circumstance sufficiently expla 
why the word "vacat" occurs, which we have before referred 6 
as being written on the copies. {Bold Deeds') 

But although sir Thomas had satisfied the king, his necessities 
were not ended, and to relieve them we find him on the 8th 
April, only three days after tlie restitution of his lands, conveyr 
ing Laton, another of his ancient family possessions, to John 
Browne, citizen and mercer of London, for five hundred marcs; 
(Bold Deeds) There being a doubt whether this grant was or wa*, 
not sufficient, in consequence of the king's letters of restitution 
being only under the seal of the duchy and not under the great 
seal, queen Mary afterwards confirmed tills grant to Browne's 
assignee. {Hist. Lan., vol. iv, p. 423.) 

Like Schiller's Lay of the Bell this history is a kind of moviiq 
panorama of life. In 15 Henry VIII. we saw sir Thomas Bo« 
teler contracting to marry his son, then an infant of tender year%, 
to Alicia Traffbrd. Marriages between young people whose 
united ages did not exceed ten years were then not uncommon, 
but this marriage was either never consummated or Alicia was, 
dead or had been divorced ; for in or before 1543 his same son 
had married Eleanor the daughter of John Huddleston esquirt 

On the 4th May in that year an indenture, duly enrolled in tlw 
exchequer, was made between sir Thomas Boteler knight of the 
one part, and Thomas Boteler esquire, his son and heir apparent^ 
of the other part, by which, after reciting that through the medi- 
ation of the right honourable sir Anthony Brown, knight of the. 
most honourable order of tlic garter and master of the king's 
horse, the said parties were pleased to covenant and grant as fol- 
lows, that is to say: The said sir Thomas agreed that all and 
singular his manors and hereditaments in Weryngton, Burton- 
wood and Great and Little Sonkcy. should after his death remain 
to his said son, his heirs and assigns, discharged of all incum« 



Chap, xxii.] Lords of IVarringtoii. . 455 

brances, always except and foreprized the hereditaments in Bur- 
tonwood and Great Sonkey of the yearly value of 50/. \2s., 
which by the indenture of the 4th October 34 Henry VIII. he 
had conveyed to the king; and also certain hereditaments which 
should be appointed to dame Elizabeth his wife for life for her 
jointure ; and also certain other hereditaments of the value of 40/ 
a year, which he might thereafter please to appoint for life for 
the preferment of his children or servants, or the payment of his 
debts and legacies. The said sir Thomas also covenanted that 
he would make to his said son Thomas Boteler and his said wife 
Eleanor, for their lives and the life of the survivor of them, a 
suiHcient estate in his hereditaments in Warrington of the yearly 
value of 33/. ds. Sei. by way of jointure for the said Eleanor; and 
also that, if the king's majesty should re-grant unto him the said 
sir Thomas and his heirs those lands and tenements of the yearly 
value of 50/. I2j.. which he had sold to his highness for looo/. to 
be paid within the term of ten years, that is to say, every year 
100/., then he would pay the said loo/. during the said ten years, 
if he should so long live, towards redeeming such lands; and 
lastly, as if recalling the solemn warning recorded in his father's 
will, sir Thomas covenanted that he would not at any time there- 
after do any act by which the said manors and hereditaments 
should be aliened from the right heirs of his said son. {Bald 
Deeds) Sir Anthony Brown knight, who appears here as the 
mediator between sir Thomas and his son, is said by Collins in 
his Peerage to have been standard-bearer to king Henry VII,, 
and if so his years and station well befitted him for the office of 
a peacemaker. 

Sir Thomas having by the indenture of 4th October 1542 
agreed to convey to the king lands in Burtonwood and Great 
Sankey of the yearly value of 50/. \2s., a fine for carrying this 
agreement into effect was levied at Lancaster on the 19th Au- 
gust 35 Henry VIII. 1543. {Ibid.) 

The dispute with the Bruches seems to have been chronic, and 
^e suits arising out of it must have burned like a blister. On 

3 N 





^H . ther 

^H Thoi 

1^ 



456 AtiTtals 0/ the (Ciwr xxit.| 

the 31st August 35 Henry VIII. (1543) Henry Bruche as 
of Warrington parsonage had sued sir Thomas Boteler concf 
ing the tithes of the said parsonage, and on that day sir TbotnM] 
entered into a bond to appear in the duchy chamber and 
the judgment of the court thereon. {Ducky Calendar, voL ii, p. 77,. 
and Legh Papers.) 

Discontented with his treatment in the affair of the proposed 
marriage of t ho prince of Wales and the young queen of Scotland, 
and with the evident leaning of the Scottish court towards Rome 
in opposition to him. the king in the early part of the next year 
declared war against Scotland, and having invaded it, his forces 
entered and plundered Edinbui^h on the 8th May 1544. and 
afterwards re-embarked for England. In this inglorious attad^' 
which was rather a raid than a campaign, many of the Lanca-j 
shire men were present, among whom were some of sir Thomas 
Boteler's near neighbours ; but it is a satisfaction to believe that 
neither sir Thomas nor his son took part in it (Henry's HisU 
Eng., vol. xi, p. 348,) 

Either the law must have been very unsettled or our ancestors 
must have been of a litigious, refractory temper, for every trans- 
action at this time seems to have given rise to more than one law- 
suit, 50 that the lawyers at the circuit table had no need to drink 
as a toast, "more plaintiffs and more defendants;" or if they did 
their wish was answered. On the 8th May in the above year sir 
Thomas Hoteler knight and his said son, for a valuable money 
consideration, conveyed lands in Great Sankey to Elizabeth 
Statham in fee, who very .soon afterwards became the wife of 
Moricc Denys, and before the end of the year both of them 
joined in suing sir Thomas Boteler for a forcible entry upon 
and a tortious possession of a messuage and lands in Sankey, 
part perhaps of the very property he had just conveyed to her. 
(Lord Lilford's Papers ; Duchy Calendar, p. 204.) 

But this suit respecting property was now followed by ano- 
ther of a more disagreeable sort arising out of a family quarrel. 
Thomas Molyneux, tlic son of Roger Molyneux of Hawkley 



I 



ip..X.\ll.] Lords of Warrington. 457 

in Pemberton, a member of a good Lancashire family, had 
married Elizabeth, sir Thomas Boteler's daughter, and a vari- 
ance having arisen she left her husband and returned home 
to her father's house. The world was no wiser then than it is 
now, and the language of even the gentry was far less measured 
than it should be. Instead of prudently resolving "to wash his 
foul linen at home" Thomas Molyncux rushed into court, and 
in 37 Henry VIII. {1545) filed a bill in the duchy chamber, in 
which, alleging that the said sir Thomas had gotten possession 
of the said Elizabeth and did keep her to his great scandal 

and infamy, openly declaring that he would her ; that 

for remedy thereof; and that he might have his said wife's com- 
pany the complainant on the day of the assumption of the 
Virgin (15th August) at Warrington, where the said sir Thomas 
then dwelt, required the assistance of his kinsfolk to the intent 
that he might demand his said wife; and that after he and his 
uncle, one Richard Gerard, had made divers requests to that 
effect, sir Thomas did, in a most violent manner, after putting 
him out of his house, place his hand on his dagger and demand 
with an oath, " Is there no man here that will strike this man 
down ?" and that thereupon one Thurstan Southworth gave the 
plaintiff such a stroke upon the head with a pykefork that 
he fell to the ground, while Randle Shaw, another of sir Tho- 
mas's servants, forcibly took away his gelding which was worth 
6/. 13^, 4^. 

In answer to this complaint, sir Thomas, after stating that the 
plaintiff and his wife had kept house together in a tenement 
which was part of their marriage settlement until the said Roger 
Molyneux, under colour of a lease which he claimed to have from 
the plaintiff, wished the said Elizabeth to quit the said tenement, 
and that she not being willing to do so, the said Roger, out of 
his malice and displeasure, had slanderously reported that she 
was of evil governance and conversation, and had committed 
adultery with one John Hyndley; that, upon such slander so 
lad, the said Elizabeth minding to declare her honesty in that 



h ad, the said Eli 




458 Anuah of llu (cuj 

behalf made her purgation according to the tan's ecc1e< 
■ and afterwards sued out a citation against the said Roger. ; 
being in fear of her life if she continued in the said tenemei 
she left it and came to the house of her uncle Thurstan South- 
ivorth with whom she lived two years, during which she pursued 
her suit against the said Roger in the court Giristiaa and ob- 
tained Judgment against him. Sir Thomas further stated that 
as her father, and greatly coveting that she should be with her 
husband, he often moved her to return, but that believing the 
slander so raised up had been so raised by her husband's con- 
sent, she was not willing to do so and therefore remained with 
him. He further stated that, being minded to persuade her to 
return to her husband, he caused her to leave his (the said sir 
Thomas's) house, whereupon one sir John Atherton knight, at 
the request of her husband, proposed to him (sir Thomas) that 
the said husband and wife should be separated; that by the 
mediation of the said sir John, it was agreed not only that there 
should be a divorce between them, but that all necessary ar- 
rangements consequent thereon should be made between him 
(the said sir Thomas) and the said Roger; that beheving after 
such agreement that such divorce would take place and he should 
be charged with maintaining his daughter, he (the said sir Tho- 
mas) caused her to repair to one of his houses about a mile from 
his own dwelling, and there to be at meat, drink and lodging with 
another of his daughters. Sir Thomas most indignantly denied 
the infamous charge of misconduct with his own daughter which 
her husband had imputed; and he further stated that on the 
day in question when the plaintiff came to him as he had stated, 
Richard Gerard spoke these words to him : "Whether will ye go 
forward with the agreement made before sir John Atherton or 
no f" To which he answered that if the said Roger Moly- 
neux on his part had part performed his promise made to sir 
John Atherton, that the said agreement would ere that time 
have been fulfilled ; after which the plaintiff demanded to have 
his wife, to which he (sir Thomas) answered that he should 




■. .\xii-] Lords of Warrington. 459 

not have her, not only because her action against the said 
Roger was then depending undetermined, but for other good 
causes. After which, followed by the plaintiff, he went peace- 
ably to his own dwelling-house in Weryngton, where, having no 
mistrust of danger and having his back to the plaintiff", and with 
neither dagger nor weapon about him, the said plaintiff, who had 
his dagger ready drawn, would have murdered and stain him had 
not Robert Redyche, one of his (sir Thomas's) company, drawn 
the plaintiff back forth of the door of the house. {Duchy Calendar^ 

According to a practice which was then almost universal, sir 
Thomas Botcler filed a cross bill against the complainant and his 
confederates. {Ibid) 

In the end Thomas Molyneux, whose quarrel with his wife 
seems to have been aggravated by injudicious friends, was 
divorced from her, when some of his friends were indicted for the 
riot, and the rest were silenced by writs of privy seal. (Ibid) 
That is, we suppose, by prerogative writs in the star chamber, by 
which the king dealt more summarily than at the common law 
with rioters and some other offenders. 

These law proceedings however draw up a veil which exposes 
in a painful light both the manners and language of our ancestors. 
We would willingly believe that knights and gentlemen would 
have refrained from the violence, and from the use of such 
language as we have seen described, as well in the former quar- 
rel at the cock-fight as in the charge which Roger Molyneux 
made against sir Thomas Botcler. The language then used, 
and which smacked of a coarseness perhaps not uncommon in 
the time of the court poet Chaucer, has now happily been 
banished from the mouths of the educated classes. Let us 
hope that ere long it will descend still lower until it finally 
takes its departure from society altogether. 

The dealings between sir Thomas Boteler and the crown were 
not yet ended, for in 1 545 the king made him a grant of some of 
his Lancashire lands; probably a part of those he had formerly 
conveyed to the king in Burtonwood and Great Sankey. The 



k 




460 Annals 0/ the icha*. xxil 

exact nature of this grant can only be ascertained however by 
reference to the original deed, of which two parts seem to have 
been enrolled in the exchequer. (Jones's Ind£x to the Exche^ur 
Record, 37 Henry VIII., RoL 40.) 

The lease of the parsonage of Warrington for two hundred 
years which was made to Penketh and Grimsditch, instead of 
to sir Thomas the patron, was intended to conceal (what however 
it hardly did conceal) the fact that they were only trustees for 
him in the matter; and on the 2nd October 37 Henry VIII, (1543). 
when concealment seemed no longer necessary, even this Bimsy 
covering was withdrawn, and the lease was absolutely conveyed 
to sir Thomas Boteler, who the next day made a lease of the 
parsonage-house with the tithe-corn of Warrinston and its ham- 
lets, with the Swine croft and the Mote hills pasture, which seem 
to have been thought necessary for the more convenient occupa- 
tion of the parsonage-house, to John Grimsditch for the term of 
thirty years. (Lord Lilford's Deeds.) 

On the 15th November 1545 sir William Plumtre, the faithful 
friend and chaplain of sir Thomas's father, died in a good old age 
at his rectory of Thornton- le- Moors, having never attained to 
the rectory of Warrington, which the good old knight his mas- 
ter had destined for him. 

Morice Denys and his wife, late Elizabeth Statham, sold and 
conveyed their Sankey lands to one Walter Bucler, who on the 
ist January 38 Henry VIII. (1547) exchanged them with the 
king " for some other lands in Sankey." A few years later when 
these lands had again become the Boteler property, an attempt 
was made, on some not very intelligible ground, to claim them 
as concealed lands. (Ibid.) 

King Henry VIII. died on the 28th January 1547. He had 
made sir Thomas Boteler the receiver of some part of his rents, 
his forester of Simonswood, his commissioner to inquire into the 
Salford churches, and to witness the surrender of the abbey of 
Furness, and besides bestowing these offices upon him, had been 
in many other respects his friend; but it may be doubted whe- 



Chap, xxii.] Lords of Warrington. 461 

ther the saying of Shallow to Davy, "a friend in court is better 
than a penny in purse," did not prove a snare to sir Thomas, 
and lead him into debt by heaping on him some offices for which 
he was not fit. 

In I Edward VI. (1547) sir Thomas, who on many occasions 
had availed himself of the services of Richard Penkcth as his 
trustee and confidential adviser, made him a grant by which 
calling him his servant he authorised him to act as his attorney. 
(Lord Liiford's Deeds.) Penketh, whom his master thus called 
"his servant," seems to have well deserved the confidence re- 
posed in him. 

In the next year the peace of Warrington being disturbed 
and the lord of the manor's franchise interrupted, led to a suit 
in which sir Thomas Boteler complained of one sir Robert 
Houghton chaplain, and others. This person, the contemporary 
of Robert Halle the chaplain of the Boteler chantry, and the 
chantry priest of St. Anne of the foundation of Richard Delves 
at Warrington, whose profession should have made him a 
lover of peace, is said to have been a man " much addicted to 
strife and contention;" a character which by his conduct at 
Haydock on another occasion he seems to have well deserved. 
{Lancashire Chantries, Chetham soc.) Sir Thomas, after setting 
out in his complaint that amongst other liberties granted to his 
ancestors, lords of the manor of Warrington, they had the right 
to attach by their bailiffs any person who there made an 
afi"ray, and to bring him to the court house and there detain 
him until he found reasonable sureties to answer for such 
affray, complained that the said Robert Houghton made such 
an assault and afTray at Warrington upon one Assheton, spinster, 
and that thereupon his bailiff Randle Shaw resorted immediately 
to the said sir Robert, and having attached him by his body, 
gently moved him to go with him to the court house, there to 
put in sureties in the form aforesaid ; whereupon tlie said sir 
Robert, together with Richard Bruche, John Raddyshe and other 
riotous persons to the number of ten, made an assault upon the 





463 



Annals of the 



[CHy 



said bailiff, and then in a most riotous manner departed out of 
the said town, not only in breach of the lord's franchise but to 
the evil example of all others in time to come. That sir Robert 
and his accomplices might not go unpunished, the king, at the 
request of sir Thomas Botelcr, ordered his writ of privy seal to 
issue against them, (Duchy Calendar^ The name of Randle 
Shaw the bailiff is the same that occurs in the celebrated old 
Warrington ballad of " Naunty Grace's mare," which may help 
us to fix its probable date. 

In the nomina miitislrorum about this time sir Nicholas Taylor, 
sir Thomas's old chaplain, appears to have been nominated by 
him to some clerical office. Ex stipendio Tkomw Boteler militis 
are the words of the appointment, which may mean that he was 
made curate of Warrington, of which he afterwards certainly 
became rector. (Lancashire Chantries, Chetham soc.) 

Sir Thomas Boteler's last days must have been embittered by 
the conduct ofhis eldest son, who in 3 Edward VI, (1549) filed a 
bill against him in which, after reciting the settlement made up- 
on him of the lands of the value of 3G/. ^s. 8d. on his marriage, 
he charged his father with unjustly keeping back a sum of 
3/. i^s. 4d. a year, being the improved value of a part of the 
land. In a second bill filed the same year he charged his father 
with a breach of marriage covenants in preventing his tenants from 
grinding corn at his town mill, and, out of his displeasure at the 
plaintiff, with forbidding him and his tenants to get clay, as they 
had used to do, from the commons. {Duchy Calendar.) Sir Tho- 
mas on his part complained that as he and some of his servants 
were drinking and making merry in the house of Isabel Clerk at 
Warrington on the 23rd June 1540, his son Tliomas with Richard 
Bruche and others, having swords and daggers drawn, entered 
the said house, and not only called his servants foul names and 
challenged them to come out and fight, but struck at and would 
have murdered one of them if they had not been separated. 
(Ibid) 

Sir Thomas had at least two illegitimate children, a son Henry 



Chap, xxii.] Lords of Warrington. 463 

and a daughter. The daughter was suitably married to Thomas, 
son of John Davenport of Davenport. {Hist. Chesh., vol. iii. p. 40.) 
With regard to the son, it was proved in a suit some years after- 
wards that his father made a will and left him the lease of War- 
rington parsonage, but having some fear on his death-bed that 
his title might not be safe, he, with the advice of his friends, put 
such will and the lease and assignment of the parsonage and also 
a covenant for an annuity of 40J. into a casket which had two 
locks, and delivered it to John Grymsdych to be kept for the 
said Henry Botelcr. One of the witnesses in the suit, who de- 
scribed himself as a servant in husbandry labouring for the said 
John Grymsdych in his business at Grymsdych hall, stated that 
coming home one evening his master told him and a fellow ser- 
vant that he was rid of a foul piece of work, and being asked 
what work, he said he had set over the parsonage of Warring- 
ton to Anthony Sherrington. 

The testator's will was not proved, and perhaps was never 
seen after his decease, as administration of his effects as to an 
intestate was taken out after an interval. 

Sir Thomas Botcler's days being now near their close a short 
review of his career may not be out of place He was scarcely 
20 years of age at the time of the riot at tlie Winwick cock- 
fight, and if he knew, as we know from other sources, that his 
father was then stretched on a bed of sickness, we must think 
that a love of pleasure out-weighed with him both a sense of 
duty and the feeling of affection for his father. If he gam- 
bled at the cock-pit it is easy to account for his moral feelings 
being dulled. In his days agriculture, orcharding and horticul- 
ture were receiving more attention from country gentlemen than 
they had done hitherto. In the middle ages kitchen gardens were 
held in small account, and vegetables and herbs were rare at 
the tables either of the rich or the poor ; but about the time of 
Henry VH. they came more into use. (Duncomb's Sun'cy of 
Hertfordshire ; Southey's Common Place Book, 3rd scries, p. 30 ; 
Tu rner's Domestic Architecture in England) Fitzherbert his 

30 





464 Annals of the [Cm*!-. iiu- 

father's executor had wjitten a work on husbandry, and Rtchaid 
Pcnkcth his faithful servant had an orchard so well stocked that, 
when he afterwards sold his house, he expressly reserved "all 
and every the graffcs, plants and young trees of fruit there 
growing," {,Warringlon in (465. p. xl.) But it nowhere appears 
that sir Thomas Botelcr had imbibed this innocent taste or 
spent any money upon it, or that might have helped to 
account for his being in debt Many of his contemporaries 
shared in that gorgeous scene, The Field of the Cloth of Gold, 
where we are told " Phtsieurs y portcrent leurs moulins Uurs 
fords ct leurs prez sur Uurs /paules." (Martin du Bellay 0>ll. 
Man., vol. xvii.) If sir Thomas joined the crowd there, it 
must have involved him in some expense ; it is more probable 
however that his love of the cock-pit helped to embarrass 
him, especially if it was followed by its usual attendant, the great 
money-cater, gambling. At all events we still find him deeply 
steeped in debt. Almost within a year of his fathers death he 
sold one of the carlie-st possessions of his family, Crophill-Boteler, 
and the proceeds passed into the deep gulf which drained his 
purse dry. Six years later we find him unable to pay his debt 
to the king, and ungenerously suffering sir Edward Aston his 
surety to be sued for it. In 1534 Exul, another ancient Botelcr 
possession, floated away as Crophill-Boteler had done before. 
Less than a decade sufficed to squander each instalment of his 
estate, and in 1543 Laton, another ancient possession, passed out 
of the family rent roll, and very shortly after it was followed by 
a portion of Great Sankey. 

The money for which sir Edward Keble rector of Warrington 
and his patron had sold the extorted lease, like all the rest, 
melted away and left its owner aground as before, with the taint 
of its corruptness still remaining. The granting of such a lease 
was not the less simoniacal because the practice, as we learn 
from an old writer who inveighs against it, was tlien common : 
"If our greedy patrons," he says, "will hold us to such hard 
conditions as they commonly do, they will make most of us work 





•. XXil.] 



Lords of Warrington. 



465 



at some trade as Paul did, and at last turn taskers, maltsters, 
costcrmongers, graziers, and sell ale or worse, as some have 
done." (Burton's Anatomy of Melancholy.) But base as the prac- 
tice of making such leases was, the bishops were ever ready to 
confirm them ; it may well however excite our special wonder that 
when Kcblc's lease for two hundred years to his patron after- 
wards came on for discussion before a court of law it called forth 
no reprobation, and was allowed to run its full course to the end, 
and to expire at last only by effluxion of time on the roth 
March 1743. 

When sir Peter Legh knight and priest, one of sir Thomas's 
contemporaries, directed his executors to take the issues and 
profits of certain lands for a term of ten years, and further 
directed that such "issues and profits should be conveyed to the 
monastery of St. Werburgh at Chester, and there put in safe 
keeping in a substantial coffer, locked, to be there standing and 
remaining at his costs and charges, and that each of his five ex- 
ecutors should have a several lock and key upon the same" ( War- 
rington in 1465, p. xiii, in notis, Chet. soc), he showed small con- 
fidence in the integrity of the five gentlemen of his own rank and 
selection who were his executors ; and in this respect he was imi- 
tated by sir Thomas Boteler who treated his trustees with the like 
distrust. Good faith is the rule, and want of it the disgraceful 
exception, among gentlemen now; and the old-fashioned plan of 
securing honesty by a plurality of locks and keys, and only 
opening the money chest when all the holders are present, only 
lingers now amongst our sick clubs and friendly societies, and on 
the trial of the pyx in the exchequer, where the chest cannot be 
opened without the presence of a plurality of the key-keepers. 

The birth of Henry Boteler and his sister was a moral stain on 
sir Thomas's character, which brouglit its own punishment : 

^^_ " The Heav'ns are just, and of our present vices 

^^^w Make instruments to scourge us." 

^^Hrrbe education 

^^^B could not eve 



te education of Henry Boteler had been so neglected that 
E could not even write his own name. 




466 Annals of tlie [CnA^. xxii. 

The quarrel with his son-in-law Thomas Molyncux was rather 
sir Thomas's misfortune than his fault ; it were to be wished 
however that the family annals had not been stained with its 
coarseness. But the quarrel with his son, and his admission that 
at a time when he must have been advanced in years he was 
drinking and making merry at a tavern, do not raise our respect 
for either him or his son. When this quarrel arose sir Thmnas 
could hardly fail to feel some remorse on recollecting how he 
had himself forgotten his father's advice. 

The age for founding chantries and religious houses in the 
evening of life as an atonement for sins of omission was now past ; 
but sir Thomas showed, by acknowledging his chaplain's services 
and granting him an annuity and aftenvards giving him prefer- 
ment, that he was not without a regard for religion and religious 
men. 

Up to sir Thomas Boteler's time the progress of the family 
had been " bold and forth on." Thus far their star had been 
steadily climbing, and they might fairly have claimed for their 
motto, " Excclsiiis" Notwithstanding his numerous family of 
daughters his father had suitably provided for them all, and had 
laid by a munificent sum wherewith to found the grammar 
school. But with his son the family began to decline, and their 
star, which had taken four centuries to reach the zenith, under 
him, despite the fair inheritance to which he had succeeded and 
the offices which he had obtained through the royal favour. 
threatened to descend far more suddenly than it had ascended 
slowly. 

Sir Thomas (the second) at the age of 55 was called to his rest 
on the 15th September 155a His inquisition post mortem, taken 
on the 3Sth March following, finds that he held Warrington cum 
pertincntiis dc rcge ditce pro II. feod. ac redd, x.wj' viii**, et l^* 
cumin val. cvi", certain tenements in Sankey "de quo ignor." It 
was valued at Ixxx'' when his father died, so that it had risen 
xxvi" or more than a fourth in the interval. " Item man. de 
Burtonwood cum pert, de rcge duce per fid, pro I. feod. ct reddit 





Lords of IVarrmqton. 



467 



Chap. XXII.] 

I"* val. xxiV." It was valued at Ixxiv'' when his father died, 
but some parts had been since alienated. {Ducky Calendar, vol. ii, 

p. 21.) 

Sir Thomas Botelcr had issue by his wife Cecilia Legh ; 

(1.) Thomas his eldest son and heir, who succeeded him. 

(3.) John the second son, who is mentioned in the codicil to 
his grandfather's will, 27th February 13 Henry VIII. (1522), 
where he directs that his feoffees "shall make him a sufficient 
estate of lands to the yearly value of xxi" for the term of his life." 
This John could not be the John Boteler who was abbot of Vale 
Royal in 15 Henry VIII., nor was he perhaps the John Boteler 
who was presented to the rectory of Warrington on the 27th April 
1574; but he might be the John Botelcr of Dunstable who was 
the second husband of Elizabeth daughter of John Poole (Hist. 
Chesk., vol. ii. p. 235 ; Poole pedigree); and he was almost cer- 
tainly the John Boteler who was a witness to the lease of San- 
key mills in I Edward VI.. where he styles himself "gentle- 
man." 

(3.) Mai^aret, who married Thomas Holford of Holford es- 
quire, who died in 1569. {Ibid. vol. i. p. 495.) 

(4.) Elizabeth, who married Thomas son of Roger Molyneux 
of Pemberton, from whom she was divorced. 

(5.) Jane, who married Robert Yardley of Crew, who in 9 Eli- 
zabeth (1567) appears to have sued Thomas Boteler for a debt 
on simple contract, which Thomas Boteler pleaded that he had 
paid. {Duchy Calendar^ 

(6.) Dorothy, who married Thomas tlie son of Richard Asshe- 
ton of Penketh. {Harleian MSS., fol. 33^ 1468, and fol. 17, 1549.) 




4^^ Ammals of tlu [Chap. XXIII. 



CHAPTER XXllI 



.N:.r r:^ AVi^i: bc^teler (the third), 

SSrSXTEESTH SAROX. 

THOMAS BOTElER esaquire, afterwards sir Thomas Boteler 
^ihc ihirtlV w^as hom in the x-ear 15 16. In 1522, when he 
was only 6 \xars old, his fither, by the contract already referred 
to and which is also mentioned in the Trafford pedigree, agreed 
tv> ^w him in marriage to Alice Trafford, a young lady about 
his own Ai^^. v*'*'^^*- L.iv^ voL iii. p. i la) But Alice either died 
or the marriage was nv>t consummated, or the two parties were 
diwnxxl. KM- on the 4th May 35 Henrj- VIII. (1543) he married 
KlcvMV^ra the dauc^tor of lohn Huddlestone of Sawston in Cam- 
brivlgvshir^\ whvxso widow his father had married the year before. 
His vnxn maniac^" with Eleonora is referred to in the bill which 
ho nU\i against his father in 3 Edward VI. {Ducatus Lan., p. 313.) 

In the nist vcar vM* Edward VI. iiN4r) he held some office of 
honour alxnit the c\nirt, and was one of the kings gentlemen 
pcnsiv>nvM>i, bi:i what was the exact nature of his office we do not 
knvnv. ^Lv^rd l.ihoal's /\:/t^rs,) 

In the s.imc year he made a lease of Sonkye mills to Thomas 
Sonk\'o of Little Sonkye for tvventy-one years, rendering the 
Nearly rent of cV. I v^\ 4*/., "and also three hundrethe stycke clcs 
in season at gettyng tNTne of the yeare, to be dcl>'\'ered yearely 
betweene the Nativitie of the Virgin and All Saints." (Lord 
Lilforvl's PtvJs,) The s,*:\/iAi aM^iilLimm, or stick of eels, con- 
sisted of twenty-five of that fish hung upon a stick. (Fosbroke's 
Emu/, of Antiq,, vol. i. p. 381.^ In this case the eels were no 



Chap, xxiii.] Lords of Warringto7i. 

doubt supplied from Sankey brook, where, alas ! no such fish or 
any other is now to be found. 

The courtly office he held gave no assurance of Thomas Bo- 
tcler's courtly manners, for in the same year John Butler "of the 
city of Bristow, physician," filed a complaint against him, in 
which he stated that on the 14th November 1547, as he was on 
his way between Warrington and Hallome in Cheshire to minis- 
ter to one of his patients, Richard Doncaster, servant to Thomas 
Botcler, son and heir apparcat of sir Thomas Botelcr knight, by 
special procurement of his master and of one Lawrence Lcighe, 
did lie in wait for him purposing to murder him, and having 
made an assault upon him did sore beat and wound him, saying 
at the same time, " Thou whoreson, thou hast undone my master 
and shalt never undo more, but shalt die." In their answer 
the defendants denied any conspiracy, but Doncaster admitted 
meeting the complainant and striking him a stroke with his dag- 
ger, whereby he was little or none the worse ; and in his justifica- 
tion he alleged that he so struck the complainant because he had 
defamed his mother and caused sir Thomas Botcler to remove her 
from her farm, and while she was on her knees before sir Thomas 
entreating him to be her good master concerning the premises, he 
had taken a pot of ale and cast it in her face. {Diic/iy Calendar)* 
We have seen that Doncaster admitted having used his dagger. 
The custom of carrying weapons which, contrary to the old law, 
was universal at this time, when the nobility carried swords and 
the commonalty in general daggers, was, as might be expected, 
productive of frequent acts of violence. 

If Thomas Boteler took part in the outrage committed by his 
servant, wc should be rather disposed to believe him guilty of the 
ill behaviour to his father and his servants, of which we have 
heard before as having occurred at a time when his father's life 
was drawing to a close. 



Duntan ? (Ware's Fir. 



e who about this I 
an, fcDiu taking his degree s 



FauHdattQits ef Manchtsler, vol i. p. 134-) 



hindered Lawtcnce Chad- 
Cambridge because he was a 




^"^r^ «-rrc^*> rr tie [Chaf. xxni 



Tinna? B-xtir secnec r:? b? TnihUr to beep out of a court of 
iiv Hi^ ixii .^niy -iifc esared r-ora a crixmnal chaise, when in 
4 £c"«:iri \1 -55-» b? f.icai hhasdlf involved with several 
ccbi^rs iir x cnri ico.Tt. xi tbt 5^=3!: oa Jaroes Staikey and his wife, 
rg<cxcr.T>; lii? n'li^ rr iuiis 3! Buirrcfflwoad. yDuchy Calendar, 

1* i^ ytfir :55-^ ^bcr ibe <rng ciZied a parliament; Thomas 
KvX^ir m:L> r^rirs^i x^i sul: as kn^t of the shire for Lanca- 
sidr^^ hxvirsg: ii £r5C SJsdhirc Kc^i^toa and afterwards sir Ro- 
b^r: Wcxrslok^ x^ iii> ccGea^Jie:. tbe foirmer ha\Tng probably died 
d^iriii^ tSs- se5556ccL .-Vww> Ljx^ vol L p. si&> In this which was 
tbe lis: parliir^er: cc Ecwiri \T, and which sat mitil the king's 
desiise cc the 6ch July 2555. a tKw litm^' was authorised, the 
mas^ m^3L5 pcvhibtieNl ir>d ocber advances were made towards 
csJaKishir^ the rdoniiatxxL Bet ipi-ben a new parliament, the 
first of the next rxric^ was calLcc oa the ^th October in the same 
>-ear, Thomas Boceler was lioc ncrturned again, probably because 
knowing the qu^>en s leaning towaivis popery he did not offer 
himself for re-electioiL 

On the 12th Tulv i Marv- a%^>^ lord Derbv mustered twenty 
thousand men and niarcheu \\~:th them to support the queen's 
cause against Northun^-berland. \ Froudes H:st, En^„ voL vi. p. 18,) 
The four hundred and thirty men raised this year in West Derby 
hundred, and of which Thomas Bo:e!er was one of the eleven 
commanders, probably formevi a cv^ntingent of this force; towards 
which Warrington and Ortorth cum Sonkye found seven men, 
Woolston cum Femehead six, Burtonwood six. and R}*xton cum 
Glasbroke six. {Proceedings LlJi:c. LicUttJiancy, vol, i. p. 2, Chet- 
ham soc.) 

On the dissolution of the chantries under Edward VI. sir Ro- 
bert Houghton, the late disturber of the fair and of whom so bad 
a character was given in the proceedings then taken against him, 
was awarded a pension of 5/. a year (Lane. Chantries, vol. i. p. 64); 
but when the queen restored the chantries he probably resumed 
his old place at Warrington. {Hist. Lan.y vol. i. p, 500.) 



In the same year Thomas Botelcr was sued by Richard Pen- 
keth for slandering his title, (Ducky Calendar, p. 280.) Pcnketh 
had been his father's servant and friend. Let us hope that this 
was not the son's reason for quarrelling with him. 

On the 7th August in the same year Dorothy Booth, widow, 
made her "loving cosin Thomas Botelcr" a supervisor of her 
will, and left him "a riall of gold" as a legacy. {Lancashire and 
Clieshirc Wills, vol. iii. p. 57.) 

On the 20th November 1 354 Keblc was put out of the rectory 
of Warrington because the change of religion under queen Mary 
was not acceptable to him, and he would not conform to it. 
(Hist. Lau., vol. i. p. 500.) 

In the year 1556 sir Nicholas Tailliorthe rector of Warrington 
died, and shortly afterwards his brother Richard, the first master 
of the grammar school, repaired to Bewsey and there waited on 
Thomas Botoler, whom he found sitting on a form in the court 
of his house talking with one Henry Blackshawe, when he gave 
him certain writings which he had with him, and which he said 
his brother had told him were true copies of the leases belonging 
to the rectory and parsonage of Warrington, and charged him to 
deliver into no hands but his. Thomas Boteler received the 
writings, and after thanking the bearer for them, observed that it 
was more than he knew of before, (Lord Lilford's Papers ; bill 
to perpetuate testimony) 

On the 25th September 1557 Bewsey was visited by Norroy, 
the herald at arms, who allowed its owner, by whom he had been 
courteously received, these family arms, viz : 1st and 4th azure, 
a bend between six covered cups or, for Botelcr; 2nd and 3rd 
argatt, a lion rampant gules, for Lostock ; and for crest, an 
unicorn, his front feet raised and in full speed argent, armed, 
hoofed, maned, tailed, and bearded or, about his neck a scarf 
argent; which arms are said to have been afterwards confirmed. 

England being this year in some fear of a Scottish invasion, 
the earl of Derby on the 29th September WTotc a letter to ihe 
^rarl of Shrewsbury, the king and queen's lieutenant of the North, 
^ 3P 





472 



Annah of t/ie 



[Ch( 



apprising him that he had a force of five thousand Lancashire 
and Cheshire men ready to march to support him. His lordship 
gave the names of all his captains except those of his own retinue, 
and unless Thomas Botclcr was one of these he was left without 
a command on this occasion. (Whitaker's Hisl. Wlialky, p. 533.) 
Fire-arms had not yet wholly displaced cither defensive armour 
or the weapons of the middle ages. Of the fourteen hundred 
men whom the metropolis sent forth about this time, eight hun- 
dred, armed in fine corselets, bore the long Moorish pike; two 
hundred were halberdiers, wearing a different kind of armour 
called Almain rivets; and the gunners or musketeers were equip- 
ped in shirts of mail, with morions or steel caps, (Miss Aikin's 
Memoirs 0/ Elioabclh, p. 274.) The arms of the earl of Derby's 
force probably were of a similar picturesque character. 

On the 17th November 155S queen Mary breathed her last, 
and the bells of London pealed merrily in honour of the glad 
advent of her sister and successor, Elizabeth. 

In January 1559 a force of two hundred soldiers and two hun- 
dred and sixty-seven pioneers, which had been raised in Lanca- 
shire, were appointed to serve the queen's majesty at Leigh 
" under the conduction of Thomas Boteler esquire and others." 
{Proceedings Lane. Lieutenancy, p. 20, Chetham soc.) If this 
force was only to muster at Leigh in Lancashire it was but a 
summer parade; but it was more probably intended to go to 
Leith there to serve in the Scottish war than to Leigh.* (Froude's 
Hist. Eng., vol. vii. p. 1S9.) 

* It mfty have been to collect money [o pay the expenses of this expeditioii that the 
amount mentioned in the following receipt was intended : 

"M* that I Adam Hylton of Hyltonw'''inlhccountyc of Lanckester esquire, beinge 
highe collcclor to the Quenes Maijeslie of the hundreth of Wcsle Derbye, have 
received and hadd uppon the daye of the date hereof of Rondulphe Bate and Hughe 
Smylhe of Poollon and Woolso-n, bcingc constabcUs of the sayd lowncs, the some of 
dxij' viij* for the fyflenes and teiites due to het Grace at the daye of the making herof. 
In Wyltncs wherof I the Bayd Adam have hcrunto put my shcalc and subscribid my 
name Ihe xij" day of Janewaryc in the Ihridd yere of the reigne of o' sov'angc ladye 
Elizabeth, by ihe grace of God Quenc of Ingtand, France and Irclande, Deffender of 
the faythe," &c 



k. A 



Chap. XXIII] 



Lords of Warrington. 



473 



On the 8th February following he purchased from Randle 
Worsley the remainder of his term and interest in twenty or 
more acres of land in Great Sankcy, which the queen had granted 
to Randic for twenty-one years. (Lord Lilford's Papers) 

In consequence of the new act for establishing religion, the 
queen in this year appointed commissioners to visit every dio- 
cese and see its provisions carried out; and by another act 
passed contemporaneously all such religious houses as had been 
re-erected and set up by the late queen were suppressed; and 
all roods and other images in churches were to be taken down 
and committed to the fire. In some places also the copes, vest- 
ments, altar cloths, books, banners, sepulchres and rude lofts were 
burned. (Holinshed's Chron., pp. 11S4-1185.) It was at this time 
probably that the image of the Virgin at Great Budworth was 
consumed in the vicar's oven; and at the same time, to save it 
from a similar fate, the chasuble which is described as found in 
the old staircase of Warrington church in the year 1824 in the 
Journal of the Royal Arclmological ImtituU, 1870, No. 106, p. 135, 
was probably walled up and hidden. 

About this time Thomas Boteler must have married his third 
wife, Thomasina, of whose family not even the name is known; 
but on a plate attached to a pillar of the church of St. Andrew, 
by the wardrobe, London, we have this record of her death : 

"The 29th October 1573 deceased Thomasina, the wife of 
Thomas Boteler of Bewsey, in the county of Lancaster, esquire.'' 
Underneath the inscription is this line : 

"Via omnis camis hodie raihi eras tibi." 

{Hart. MSS., fol. 39, No. 3610; Stowe's Survey, fol. 64.1, ed. 
1618.) 

In a letter written by Cole to Bale he mentions that in 1559 

all Manchester was then afflicted with a pestilential fever. (Bale's 

Scrip/ores Britannici; Notes and Queries, p. 127, 1862.) Hol- 

tingworth mentions a great sickness of which very many died as 

_.^pbavmg occurred in Manchester in 1565. This pestilence, which 




474 



Amta/s of the 



is probably that alluded to by Cole and of which wc hear nothing 
at Warrington, is thought to liave been brought by the Englisli 
army from Ncwhavcn. {Hist. Lan., vol. i. p. 5 10.) 

Thomas Boteler's son and heir apparent being now ten years 
old his father, according to the custom of that age, thought fit to 
seek him out a wife, and his choice having fallen upon Jane 
Brooke, daughter of the first sir Richard Brooke of Norton, a 
marriage contract was entered into on the 20th March 6 Eliza- 
beth {1563) by which he covenanted that at some time not then 
fixed his son should marry the young lady. The contract con- 
tains a schedule of the Boteler property which was to be settled, 
from which the following particulars are extracted : 

One wynd mill with the appurtenances, then or late in the 
tenure of William Aston, xxxvi> viii''. 

All those shopps, stalls or boothes, called the Draps' boothcs, 
xxxV, 

All those shopps, stalls or boothes, commonly called the Mer- 
cers' boothes, viii". 

All those edifices, howscs, buildings, shopps and stalls, com- 
monly called the new shopps, xxvi* iv^. 

All those edifices, buildings, shopps or stalls, commonly called 
the shopps under the cross [in the Market place], x' viii^. 

One other shopp erected and standing under the Court howse, 
xl- 

Certeyn other shopps or stalls, commonly called the new 
Drapps' boothes, iiii*. 

But, alas ! the marriage thus contemplated, like many others 
in that age, was never consummated ; and, as we shall afterwards 
see, it was set aside by a decree of divorce in the ecclesiastical 
court at Chester. In the meantime the great prominence given 
in the property to be settled to houses, shops, and stalls or 
booths, the value of which depended so much upon trade, seems 
to show that the trading interest in Warrington was then rising 
in importance. Tranio's interest was of a like kind when he 
boasted that he was able to settle upon his wife 



[-1 



Lords of li'm-nngion. 



475 



^^k "Three great argosies, besides two gatliasses 

^^B And twelve tight gallies." 

^■^ {Taming of the Shrew, act ii.) 

A chronicler at this time informs us that formerly the accom- 
modation even in the principal inns of our towns was very defi- 
cient, but that towards the beginning of the queen's reign it had 
so much improved that the inns in Lancaster, Preston, Wigan 
and Warrington were well furnished with "napcric, bedding and 
tapcstric." " Each comer," he says, " is sure to lie in clean sheets 
wherein no man hath lodged since they came from the laundrcsse. 
If the traveller be on horseback his bed doth costc him nothing, 
but if he go on foot he hath a penny to pay for the same ; but 
whether he be horseman or footman, if his chamber be once ap- 
pointed, he may carie the kaie with him as of his ownc howsc as 
long as he lodgcth there." 

On Monday next after the feast of St. Bartholomew, 28th 
August G Elizabeth (1564), Thomas Boteler levied a fine to Wil- 
liam Aston and John Spoffbrth and the heirs of the said William 
of fifteen messuages, ten cottages, twenty tofts, three hundred 
acres of land, one hundred acres of meadow, two hundred acres 
of pasture, one hundred acres of wood, three hundred acres of 
moor, one hundred acres of moss, one hundred acres of turbary, 
two hundred acres of furze and heath, and a rent of two pounds 
of pepper in Great Sankey. (Lord Lilford's Dinh.) 

The old dispute of more than two centuries standing between 
the Botelers and the Leghs, respecting that fair portion of the Bote- 
ler inheritance which was carried off by Johanna de Haydock, had 
once more broken out, and been referred to the right worshipful 
John Walshc one of her majesty's justices of the common pleas 
and Nicholas Powtrcll serjeant-at-law, who on the 2gth August 
6 Elizabeth (1564) ordered and awarded that Thomas Boteler 
should do all necessary acts and things for making secure to sir 
Peter Legh all the lands and hereditaments in Warrington, Great 
Sankey, Little Sankey, Overford and Burtonwoode, then in the 
^^Kcupation of the said sir Petei' and late in the occupation of 





476 



Annais of Ike 



[C&. 




Peter Lcgh his father ; and wherein the said Thomas Boteler ot 
his ancestors claimed or challenged any title since Xhe first [at 
furnicr] award made to the said sir Peter Legh, so that the same 
acts and things did not extend to release any sei^iories or other 
royalties going out of the same lands and hereditaments, nor to 
extinguish the right of the said Thomas Boteler and his heirs to 
the waste grounds thereof. On the day following (30th August 
1564) an indenture was made between the said Thomas Boteler 
and the said sir Peter Legh, whereby in order to carry out the 
aald award the said Thomas did covenant with the said sir Peter 
to levy a fine to him of fifty messuages, twenty cottages, forty 
tofts, one dovchousc, three water milnes, fifty gardens, one hun- 
dred orchards, five hundred acres of land, five hundred acres of 
meadow, six hundred acres of pasture, three hundred acres of 
wood, one thousand acres of moor, one hundred acres of turbary, 
one hundred acres of moss, and five hundred acres of heath and 
lyngc, in Warrington, Burtonwoodde, Great Sonky, Little Sonky 
nndOvcrford, And for the more plain understanding of the uses 
of such fine it was covenanted that it should be to confirm the 
possession of the said sir Peter in the capital messuage of Brad- 
Icy in Burtonwoodde, and in all and singular other the manors 
and hereditaments then in sir Peter's possession, which had de- 
scended to him from his said father, in Warrington, Create Sonky, 
Little Sonkie, Overforde and Burtonwoodde. i^Bold Deeds.) 

On the lath April 7 Elizabeth (1565), by another deed made 
between Thomas Holder and sir Peter Legh, it was declared that 
aa to certain of the lands therein specified the fine so levied to 
Aston and SpolTorlh should remain to the use of the said Tho- 
mas Boteler and his heirs, to enable him to convey and assure to 
the said sir Peter a rent of 5/. i2s. and two pounds of pepper to 
be yearly issuing out of the same lands for ever, according to tlie 
purport of the award which had been made thereon. (Lord Lil- 
ford's Dc£(is.) 

The costume of our ancestors, far different at that time from 
the sombre dresses of our day, was splendid both in colour and 




ctup. XXIII,] Lords of Warrington. 477 

material " Gowns of velvet or satin, richly trimmed with silk, 
furs or gold lace; costly gold chains and caps, or hoods of rich 
materials, adorned with feathers and ouches, decorated on all 
occasions of display the persons not only of nobles and courtiers, 
but also of their crowds of retainers and higher menials, and even 
of the plain substantial citizen, while the female attire was pro- 
portionably sumptuous. (Aikin's Memoirs of Elizabeth, p. 246.) 

One Slynchead, a landowner, who held his land by knight's 
service in Much Sanlcey and Culclicth of Thomas Boteler, having 
died about this time, leaving an infant son Thomas Slynehead 
his heir who was unmarried, the right to his marriage and ward- 
ship devolved on Thomas Boteler as his signior, who on the iSth 
September 7 Elizabeth (1565), for a money consideration, con- 
tracted to sell such marriage and wardship to Richard VVatmough 
of Makclhead in Sutton, to hold the same to him so and in such 
wise that the said ward should be married at the grantee's will 
and pleasure, but without any disparagement, that is to say, not 
any one beneath him in station. {Lord Lilford's Deeds.) 

At the herald's visitation held by Flower in the year 1567 
Thomas Boteler, calling himself baron of Warrington, again 
entered his pedigree and had his arms allowed. {Clietliam Alis- 
cellanies, vol. i. p. 18.) 

In the same year sir Edward Fitton, writing to the bishop of 
Chester, informed him that all the gentry of Lancaster from 
Warrington ali along the sea coast, except Mr. Boteler, were of 
the popish faction and withdrew themselves from religion. {Hist. 
Lati., vol. i. p. 513.) And on the 20th December in that year 
the recorder of Chester is said to have stated that there were five 
hundred Lancashire men, of the best sort, who had sworn, not to 
come at the communion or receive the sacrament during the 
queen's reign ; that these people greatly rejoiced at the news of 
the king's coming (meaning Philip of Spain), as if It would en- 
able them to take order for setting up their popish kingdom and 
rooting out all Lutherans and heretics. (Froude's Hist. Eng., 
Qj. ix.,p. I73«.) 





478 



j-^nmils of tite 



[CH. 



. XXIII 



At a visitation made by the bishop of Chester in the foUottTflg 
year many of the Roman Catholics signed an agreement to sub- 
rait to the new settlement of rchgion; but Thomas Boteler's 
kinsman, sir John Southworth the celebrated recusant, absolutely 
refused to sign any but a quaUfied submission. (Hist. Lan., vol i 
p. 512.) 

In the year 1569 when the earls of Northumberland and West- 
moreland took up arms and rose in rebellion to restore the old 
faith, they addressed a letter to the earl of Derby requesting that 
he would join their standard and procure them such aid as he 
could to effect "their honourable and godly enterprise." (Ibid. 
vol. i. p. 516.) To encourage their followers the rebel earls 
reported in their own neighbourhood that his lordship would 
join them; and for a time sir Francis Leek seems to have had 
misgivings whether the earl would not take part in tlie movement, 
for in one of his letters to Cecil he remarks, as if mistrusting the 
earl, that "all the keyes of Lancashire do not at present hange 
at the earl of Dcrbye's owldc gyrdcll." (Sir C. Sharpe's Memo- 
rials of the Rebellion in 1569, p. 374.) The rebel earls however 
were much mistaken in reckoning on lord Derby's support, for 
without hesitating a moment he instantly sent on their letter to 
the queen {Hist. Lan., vo\. i. p. S'?)' '"•d he and his county to the 
end maintained their allegiance unshaken. Before the end of the 
year however the rebellion had received from the queen's forces 
such a check that the two earls its leaders fled into Scotland, and 
the rebellion, though not extinguished, seemed fatally scotched. 
A great poet not long since deceased, availing himself of an in- 
cident in this "rising of the North," has made of it a touching 
episode in its history, Norton of Rylstone hall in Yorkshire, in 
whose breast there burned the same zeal for religion that had 
animated the followers of the "pilgrimage of grace," in order to 
indicate that his aims were the same as theirs raised and carried 
the banner of the Five Wounds. He was the father of eight tall 
sons, all of whom except Francis the eldest shared his views ; 
and tliis son, though he had embraced the reformed faith and 




Chap, XXUl.] 



Lords of Warrington. 



479 



would gladly have recalled his father to his allegiance, was yet 
determined to follow liim to the field, and there to render him in 
any extremity such aid as a non-combatant could yield. The 
poet thus describes the welcome with which the arrival of this 
Norton contingent was hailed by the rebel commanders : 

" Now joy for you and sudden cheer. 

Ye watchmen upon Brancepth towers ; 

Looking forth in doubt and fear, 

Telling melancholy hours ! 

Proclaim it — let your masters hear 

That Norton with his band is near! 

The watchmen from their station high 

Pronounced the word, and the carls descry 

Forthwith the armed company 

Marching down the banks of Wear. 

Said fearless Norton to the pair 

Gone forth to hail him on the plain — 
'This meeting, noble lords, looks fair, 

I bring with me a goodly train, 

Their hearts are with you, hill and dale 

Have helped us : Ure we crossed and Swale 

And horse and harness followed ; see 

The best part of their yeomanry ! 

Stand forth, my sons ; these eight are mine, 

Whom to the service I commend ; 

Which way soe'er our fate incline 

These will be faithful to the end.' " 

(Wordsworth's White Dot of RyUtone.) 

But, alas! the fate of Norton and his sons was sad. He and 
seven of them died by the headsman's axe at York ; and the 
eldest, bound by a promise to his dying father to lay the rebel 
banner on St. Mary's altar at Bolton, was hastening to accom- 
plish his purpose, when he was overtaken and slain by a party 
of sir George Bowes' horse, the banner found upon him being 
alone held to be sufficient evidence of bis treason. 




480 Amia/s of i/ie [Chap. XXlll 

The rebellion, says the historian, had " flashed in the pan," and 
lord Derby and the Lancashire men had not been required to 
take any part in its suppression. They mustered but did not 
march. But the next year a demand of troops, amiour and 
money being made in Lancashire, the county readily responded 
to it. Amongst the great number of others in West Derby hun- 
dred who certified what men and arms they were able and willing 
to supply appears the name of Thomas Roteler, and his certificate 
with his autograph have been preserved and engraved. {Hist. 
Lan., vol. i p. 518,) The queen also issued letters to Richard 
Ashton, her Lancashire collector of loans by privy seal, who on 
tlie 8th December 1570 made a return of those who had lent 
as well as of those who had refused to lend her majesty money. 
{llarl. MSS., p 17, No. 2219.) 

While the fire of the late rebellion was stilt smouldering the 
queen's council were by no means asleep, and by their direction 
on the lOth July 12 Elizabeth (1570) a search was made after all 
suspected favourers of the rebel earls, when more than thirteen 
thousand persons were apprehended, many of them priests and 
ecclesiastics, whom the defeat of the northern earls had scattered 
over the country. {Ihid) Thomas Boteler, who was high sheriff 
of Lancashire this year, must have felt his office to be one of more 
than ordinary responsibility and anxiety. (Lord Lilford's Papers) 

The next year ivhen the queen called a parliament to meet on 
the 2nd April 1571, the two knights sent up by the county of 
Lancaster were Thomas Boteler and John Radcliff. If she could 
-have followed her own inclination the queen would willingly 
have been spared the calling of a parliament at this time; but 
as the exchequer was empty, and she had no other means to 
fill it, parliament was a disagreeable necessity, and she was there- 
fore compelled to meet her "faithful commons." When they 
met she would have restrained them by her prerogative from 
discussing any but certain prescribed subjects, but they would 
suffer no such restraint, and her majesty had the good sense 
not to insist upon it. The tongue of the house was therefore 




CttAP. xxiii.] Lords of Warrington. 481 

loosened, and Mr, Nagg and Mr. Pistor and many others (some 
of whom had names as odd, but whom no contemporary Hansard 
has commemorated) showed how bold and outspoken the mem- 
bers were. Neither Thomas Boteler nor his Lancashire colleague 
is recorded to have spoken, though they doubtless saw and heard 
many a lively scene and amusing debate in this spirited session. 
(Froude's Hist. Eng., vol. x. p. 193 ct scq) 

In the year 1574 a general military muster of the whole king- 
dom was made, and Thomas Boteler was returned as ready to 
furnish the following men and arms for the queen's service : 

Light horsemen ii 

Corselets iii 

Coats of plate or Almain rivets iiii 

Pikes iii 

Long bows [so that this essentially English weapon was 

not yet antiquated] iii 

Sheafs of arrows iii 

Steel caps iii 

Calivers [the weapon that Falstaff bade Bardolph put 

into Wart's hand] iii 

Morions [conical skull caps with a rim round them, which 
derived their name from the Moors by whom they 

were invented] iiii 

(Gregson's Fragments, p. zo; Hist. Lan., vol. i. p. 523; Pro- 
icedings Lane. Lieutenancy, pt. i. p. 37, Chetham soc.) 

This quota appears on comparison to have exceeded that of 
most of the other Lancashire gentlemen. 

On the 27th April in the same year Thomas Boteler presented 
John Butler to the rectory of Warrington. Who this John But- 
ler or Boteler was, or whether he was the patron's uncle of that 
name, has not been ascertained. 

On the 24th October following Edward earl of Derby died at 
his house at Lathom, " a nobleman," says Camden, "so renowned 
for his munificence that when he died hospitality in England died 
with him;" to which he adds, that " then came in great bravery 




482 



Anmih of tite 



of building to the marvellous beautifying of the realm but to the 
decay of manners," which the great antiquary valued more. The 
earl, who had served four sovereifjns and lived in peace under 
them all, was both a poet and a warrior, and none of his illustri* 
ous house was more remarkable than he. His body was borae 
to the family resting place at Ormskirk on the following 4th 
December, when Thomas Botelcr, one of the mourners, joined sir 
Peter Legh in offering up the deceased's sword. An account of 
the funeral and the elaborate liearse which was used at it has 
been preserved, and may be seen in several works. (Bloxliam'a 
Monumental Archittcture, p. 100; Seacome's Hist, of the Hotat 
of Stanley, pp. 59-61; Collins' Peerage, vol. iii.) 

About the end of the same year Thomas Boteler married a, 
fourtli wife, Anne Norreys, daughter of Edward Norreys oE 
Spefce; and on the sth January 17 Elizabeth {1575) he con- 
veyed, by a post-nuptial settlement, all his hereditaments in 
Warrington, Burtonwood and Great Sankcy to Edward Norreys 
and his heirs to the use of the said Anne for life, in the name of 
her jointure, with remainder to such further uses as were set forth 
in the settlement (Lord Lilford's Deeds) And on the loth 
March 19 Elizabeth (1576) he conveyed the parsonage of War- 
rington to William Hariugton and Robert Charnock for similar 
uses for the benefit of his said wife. 

In the year 1575 there happened a circumstance of the Boteler 
histoiy which is somewhat mysterious. Sir George Boothe, as 
have seen, had married Ehzabeth, daughter of the first sir Tho- 
mas Boteler, and between the two families there had ever since 
existed the intimacy of kinship. Edward Boteler, the only son 
of Thomas Boteler (the third), whose marriage with Jane Brooke 
contracted twelve years before had not yet been consummated^, 
was at this time 23 years of age, and for no consideration tliat: 
appears unless it was as he stated, for the establishment and 
continuance iu his blood of ihe manors, messuages, lands, tene- 
ments and hereditaments of his father and himself, and for the 
provision and advancement of sucli child as God might send 



Chap. XXIII.] Lords of Warrington. 483 

and for the preferment and advancement of his kinsman William 
Bootlic, by an indenture of the 3Sth October of the above year 
covenanted that he and his heirs and assigns slioiild and would 
immediately after the date of the said indenture stand seised of 
and in all and singular the manors and lordships of Bewsey, 
Burtunwodde, Great Sonkic and Penketh; and of and in the 
barony of Warrington, and the patronage, advowson and pre- 
sentation of the church of Warrington; and of all and singular 
manors, messuages, lands, teiiements and hereditaments, rents, 
reversions and services in Bewsey, Burtonwoode, Create Sonkie, 
Little Sonkie, Penketh, Culcheth, Warrington, Leighe, Gostiiorth 
and Chippinge in the county of Lancaster, and in Ritdhcath and 
A^ovje in the county of Chester [the last four of which already 
formed part of the endowment of the grammar school and were no 
part of the proper Boteler estates], or elsewhere in the realm of 
England, wherein the said Edward Boteler had or might lawfully 
claim to have any estate or inheritance in any wise to his use 
and to the heirs of his body thereafter lawfully to be begotten 
by any such woman as he should marry and take to wife alter 
divorce lawfully had in due form of law between him and Jane 
his then wife, and for default of such issue to the use of the 
said William Boothe, his heirs and assigns, for ever. And on 
the same day the said Edward Boteler became bound to the 
said William Boothe in the sum of 4000/., with a condition to 
be void on his keeping and performing the matters and things 
contained in the foregoing deed. Edward Boteler, as a further 
security to the said sir William, also acknowledged to him a 
statute of the same amount. Unless it was expected that his 
divorce from Jane Brooke, on which Edward Boteler's mind was 
fully bent, would be facilitated by this deed, bond and statute, 
all of which bore date in the same year as his father's settle- 
ment on Anne Norreys and appear to have been made without 
his knowledge, it is difficult to see what, except ruining himself, 
he couid expect from it 

Since we last heard of Thomas Boteler he had received the 



t 




484 



Annals of the 



[Ch. 



honour of knighthood, and when (in consequence of some sud- 
den alarm) a meeting of the magistrates was held at OrmskiHc 
on the 30th January 1577 to decide upon the proper sura to be 
assessed upon the county for making ready three hundred men 
at an hour's warning, he attended tlic meeting as " Sir Thomas 
Botcler knight." (Proceedings Lane. Lteutenattcy, vol. i. p. 86, 
Chetham soc.) 

In the same year, while the country was disturbed and Drake 
by sweeping from the sea the ships of Spain was rendering in- 
direct but effectual aid to the Low Countries in their struggle 
against that country for freedom, a wit of the time thus replied 
to a querulous complaint against the queen : 



" O Fortune ! to old England still 

Continue such mistakes, 
And give us for our kings such queens. 

And for our Dux such Drakes f' 



4 



The reform of religion had at this time in some parts of 
Lancashire been but very imperfectly carried out, and besides 
the general want of a preaching clei^y, some of those who 
should preach did but set a bad example in their lives, if we may 
judge from the presentment made by the churchwardens of Sin- 
gleton against their minister at the visitation of the diocese of 
Chester in the year 1578, when they reported that "the Church 
service was not done in due time, that the minister kept no 
house, did not relieve the poor, was not diligent in visiting the 
sick, did not teach the catechism, preached no sermons, churched 
fornicators without requiring them to do penance, made a dung- 
hill in the churchyard, had lately kept a tippling house, and did 
other enormities." 

In the year 1579 sir Thomas Boteler, having for the first time 
become acquainted with the dealings which had taken place 
between his son and sir William Boothe, set himself to repair the 
mischief that had been done; and on the 25th of June of that 
year sir William, " for divers good causes and considerations, and 



k 




especially for certain sums of money in which sir Thomas stood 
bound to him by his writing obh'gatory, with a condition endorsed 
to content and pay him the same," re-granted to sir Thomas his 
heirs and assigns all and singular the manors and lordships, lands, 
rents, services and hereditaments mentioned and comprised in 
the conveyance of the 25th October 1575. This deed had evi- 
dently been prepared with great care under the eye of Thomas 
Egerton, afterwards the celebrated lord chancellor Ellcsmere, 
who among several other gentlemen was one of its subscribing 
witnesses. Afterwards, by two other deeds, both dated the same 
day, sir William bargained and sold to sir Thomas the said 
writing obligatory and statute referred to in deed of 25th Octo- 
ber 157s and the sum of 4000/. thereby secured, with power to 
sue for the same in sir William's name. {Bold Dct-Js.) 

By another deed of the same date Edward Boteler, who had 
obtained a reversionary lease of the lands in Great Sankey, of 
which sir Thomas in 1559 had taken a lease from the Crown for 
twenty-one years, joined sir William Boothe his assignee in con- 
veying such reversionary lease to sir Thomas Boteler. (Lord 
Lilford's Deeds.) 

This attempt of his son thus to alienate the family property 
most sensibly affected sir Thomas, who foresaw in it the danger 
of the possessions of his ancient house slipping away and being 
dissipated. No sooner therefore had he re-purchased the property 
than, with a view to avert such a danger, he made a lease of the 
whole of his estate for a term of ten thousand years to his daughter 
Elizabeth, to commence from the death of his son without issue. 
Something of what the old knight's forebodings were we may 
learn from the evidence given in the chancerj' suit which took 
place after his death to set aside this lease. One of the wit- 
nesses, John Hall, aged 23, deposed that at the time of deliver- 
ing the lease, sir Thomas having sent for his daughter Elizabeth 
into his chamber, she came and kneeling down before him asked 
his blessing, which he gave her and then gave her the lease, and 
prayed God "that she might well enjoy it;" to which he added 



k 



486 Atinalsof tlie [CHAf. xxin 

that if he should leave his land to his son he feared he would 
niiikc it away, The witness, who had lived with sir Thomas four 
years, said that although he was sometimes angry with his 
daughter Elizabeth he had a good liking to her. Another wit- 
ness said he heard sir Thomas say he cared more for her than 
for both his other children. (Lord Litford's Papers) 

Sir Thomas seems to have had an auspicious outset in Hfe, 
for when on the death of his father he entered upon his family 
inheritance, he was basking in court favour as one of the king's 
gentlemen pensioners, and he afterwards rose to still higher 
honour. lie was once high shcrilV; twice in critical times he 
was knight of the shire of the county of Lancaster ; nor were 
his services confined to civil offices, for he served also in a 
military capacity. More than once he commanded portions of 
the Lancashire levies, and on other occasions he was returned as 
having men, arms and armour, ready for the public service; and 
in the end he received knighthood at the hands of his royal mis- 
tress, queen HliEabeth. He early embraced the principles of the 
Reformation, and he kept in his library that book which in those 
changeful days it was sometimes dangerous to be known to pos- 
sess, an Hnglish Dible; and the only picture which hung in his 
chamber was th,it of tlic Saviour. 

When sir Edward Keblc, who shared his Protestant principles, 
and for that reason had been deprived of the rectory of Warring- 
ton, his successor was not presented to the living by sir Thomas 
but by Grimsditch and Penketh, whose principles were then 
probably not so settled. Sir Thomas was loyal to queen Eliza- 
beth, and her portrait had a place of honour in his house at 
Bewsey. The lease of the Warrington parsonage, which had 
cost his father a troublesome law suit, was corrupt in its origin, 
and a taint clung to it which justly embittered his own and his 
father's last hours. His great inherited and acquired advan- 
tages, and the knowledge he had that the inheritance of an 
honoured name casts but a lurid light upon him who forgets to 
uphold its dignity, should have stimulated sir Thomas to a lifcfl 




ciiAP. xxiM.] Lords of Warrington. 

watchfulness and circumspection worthy of his ancient name. 
But forgetting this, he was early involved in a charge of assault 
on his namesake, the Bristol physician ; and the quarrel between 
him and his father, and his son's attempt to alienate the family 
inheritance, — sad signs of that evil denounced against a house 
divided against itself, — were ill omens for the future of the 
Bewsey race. The star which was " westering " at his father's 
death was not stayed in its descent by sir Thomas, whose end, 
disturbed and troubled to the last by the waywardness of his 
son, occurred on the 23nd September 21 Elizabeth (1579). His 
sun went down in a dark cloud. If he died, as Dodsworth says 
he did, at Woolston, he was probably staying with John Hawar- 
den, his kinsman and friend and sometimes his adviser, who was 
tlien living there, and who, when he himself died, found a grave 
in the chancel of Warrington church, where his tomb and arms 
were long after seen and described by Randic Holme. {Harl. 
MSS., No. 2129. fol. 73, art. 164.) Sir Thomas, though not an 
old man, being only in his 64th year, had yet attained a greater 
age than any of his predecessors since the fourteenth century, so 
that tlie family must be held to have been a short-lived race. 

Sir William Boothe, who had caused sir Thomas such grief by 
his dealings with his son, survived him but two months; he died 
on the 2gth November in the same year, and his will was proved 
at Chester on the i6th December following. {Lane, and Cheshire 
Wills, vol. ii. p. 65.) The earl of Leycester, who had almost 
the gift of ubiquity, as soon as sir William was dead hastened to 
obtain from the queen a grant of the wardship and marriage of 
his infant heir. (Kimbcr's Baronetage, vol. i. p. 28.) It seems 
remarkable that sir William and sir Thomas, who had so lately 
had such painful dealings together, should have descended to the 
grave almost at the same time. 

Sir Thomas Botelcr's inquisition post mortem, taken at War- 
rington on the 7th April 22 Elizabeth (1580), found that he died 
seised in his demesne as of fee of and in the manors of Burton- 
jvood, Warrington, Sankey Magna, Sankey Parva and Overford, 

3R 






, ttj^Km. -Addcy; Gbs^KOok, Cnl- 

ihifc iithif/raiiiij ftiywifc. ^^}itlm ■■iIIh i miiiiiiii. 

^ al» doc ke kU Ac sad i ii ttf Wamagtoo. Fkrva 
•niJij m1 Oscdoid «tt thar Twhns aad appoftsanoes, 
togcAervAh &e sad aesBee^ bads aad oAer pnanises in 
Keikaa. rt.i'iE»ni shI Lrie^ poRxl of tkc sid manor of War- 
■■l,liw. cd' o^ hdy Ac qaeea as of her dsd^ of Lancaster, as 
and for tso kal^c^ fer^ aicMcf lZ6cS£aBd ockc pound of 
CBHin; aad botkr, ikic he kid the agnor of Bntonvood with 
iti ■*''"***« and appvtenonces of oar bdy- tbe qoeen as of her 
iaad dndhjr in soc^c; Aat is to s^. bgr (catty and a rent of one 
pesay. BtA of «bo^ or by what sorkes the manor of Sankey 
Magna with its appartaaaocs and the residue of the tenements 
in SaolMy Magna wac held, the jtuy woe %norant and did not 
kncnr; but th^ found diat the manor of Wanii^oa and OWord 
' w^ the apportenances, and the free fisheries, rents and services 
in the Kvcial vills expressed and specified were worth per anntint 
beyond reprises 66/. ; that the manor of Sankey Magna with the 
appurtenances was worth 6/. 161. beyond reprises; and that the 
manor of Burtonwoode with its members and appurtenances, and 
the residue of all and singular the premises tber^ were wwth per 
annum 50/. bej'ond reprises. 

Warrington, which when his father died was valued at 106/, 
had now fallen to 66/. ; but Burtonwood, which was then \-3lued 
at 24/, had in the meantime risen in \-alue to 50/. These values 
probably only represented the amount of the relief payable to 
the crown by sir Thomas's heire. 

Sir Thomas as we have already seen died intestate, and his 
widow dame Anne Uotcler with his daughter EUzabeth adminis- 




Caxr. XXni.] Lords of IVarringhn 

tered to his estate, and on the 22nd October 21 Elizabeth (1579) 
exhibited an inventory of the effects, from which the following 
few particulars are extracted. After mentioning his crops of 
corn and hay, his stock of sheep, calves and swine, the hackney 
and other horses are mentioned, of which he had a score besides 
small horses. These are mostly honoured with names, some of 
which it is not difficult to sec the origin, Thus we have a dun 
nag called Davy, one bay hoby, one grey gelding called Norreys, 
one called Black bay, one roan gelding, one bay gelding called 
Holcroft, one called Bald (perhaps Bold) croft, one white feet 
mare, one little black mare, one bay mare for sir Thomas's own 
saddle, one sorcl marc, one big black mare, a gelding called 
White Holcroft, a young dun gelding, a gelding called Bay 
Worsley, a gelding called White Dutton, one sorcl called Don- 
caster (sir Thomas had a servant of this name), a bay curtail nag, 
a nag called Blackbeard, a pied colt and a grey mare. Then there 
were fourteen pairs of flaxen sheets, some hangings of dornyx 
(this was a cloth which had its name from being made at Deor- 
nick, the Flemish name for Tournay), one pair of short velvet 
hose, one satin doublet, a taffeta doublet without sleeves, a pair 
of long velvet breeches, a riding cloke lined with unshorn velvet, 
a guarded cloth cloke with sleeves, a Spanish leather jerkin, a 
loig gown of silk grogram. another gown of wrought velvet, a 
velvet cloke lined with buckram, a short furred camlet gown, an 
old blue riding cloke. a taffeta doublet, a pair of boots, a cross- 
bow with the keeper, three bags of turves, and six loads of coals 
valued at 6j. Zd. 

To the list of the above articles there is appended an in- 
ventory of other goods of sir Thomas, which the administra- 
trixes say had come to their knowledge, but were detained by 
Edward Boteler, whom they had sued for the same. Amongst 
these were the lease of the parsonage of Warrington, the last 
year's tithe-corn and hay of the same parsonage, certain old corn 
remaining in Burtonwood barn, and certain other corn which 
i at the said parsonage at sir Thomas's death, four bays 





490 



Aii/uj/s of the 



[Ch. 



of hay at Bewsey, one other bay of hay in the parsonage bam, 
two stacks of hay in Bewsey park, the lease of a chantry called 
Boteler's chantry in Warrington, twenty-four cows with two bulls, 
six of the best oxen, six other oxen, eight three-year-old steere, 
thirteen twytiter heifers, eight other twynUrs, fourteen sttrks, one 
little odd stirk, eleven score and eleven felled timber trees in the 
park, old timber lying in the court and about the house at Bew- 
sey, eight pairs of flaxen sheets, an English Bible with other 
books valued at 4/., a clock and bell valued at 4/., the silk tester 
of a bed with three curtains of moccadowe (a kind of woollen 
stuff made in England in imitation of velvet, which is mentioned 
in the act of 23 E!iz., c. 9), a picture of Christ in sir Tliomas's 
chamber, the queen's picture valued at 3J. ^., a pair of playing 
tables, a scare ]ci\ncA table in the stand in the park, the hide of 
the cow killed at tlie burial (of sir Thomas), forty hard and dry 
cheeses, two bowls with a silver cover, three other silver bowls, 
one other little silver bowl, a silver cup with a broken cover, one 
silver gilt pot, one stone pot garnished with silver and gilt, two 
leathern jacks, eleven drinking glasses, eight water glasses, a silver 
toothpick, a pair of black Jersey stockings, a satin doublet, a white 
canvas doublet, a side cloth gown, a taffeta liaC, a black felt hat, 
three laige velvet caps, two other velvet caps of a lesser sort, 
eight vestments, txvo copes of velvet and silk fair embroidered 
(relics of the old worship ?), two pieces of testers and hangings 
of velvet and silk, three corselets and their furniture, fourteen 
coats of plate, eight or nine calivers, one case of pistols, a case of 
daggers, three hangers or skenes, three bucklers, one drum, 
twenty-one badges of silver (with the Boteler arms?), an obli- 
gation for 40/. owing by Richard Eaton and James Marbury, 
about 6/. in money that was in sir Thomas's purse at his death, 
&/. of milled money (coined after the new mode, consisting of 
very small pieces), and some money in another purse, a bill of 
\ol. owing by Adam Egge. two pairs of swans, the honey and 
wax of certain hives, a blackbird and her cage bought by sir 
Thomas in London, a bill for 20/. owing by John Wooton of 





Chm: XXIII,] 



Lords of Warringlon. 



491 



p. 120, Chethara 



London. {Lane, and Cheshire Wills, vol. 
soc.) 

This inventory, which is curious for the insight it gives into 
the furniture of an old house, its armour and dresses, is re- 
markable also for its omissions. It contains no mention of any 
crockery or earthenware, of any trenchers, plates or carpets, 
any beer or wine, carriages of any kind, any hounds or dogs, any 
gamefowl, any geese or other fowls except swans, or any deer in 
the park. There are silver cups with covers and other plate, but 
there is no mention in it of the gold chain which his grandfather 
had so carefully bequeathed to the father of the deceased. 

Lady Anne Boteler, who had married sir Thomas not long 
before his decease, survived him many years and married sir 
Phiiip (or according to Dr. Ormcrod sir Thomas) Draycot of 
Paynesley in the county of Stafford, and in 3 James I. (1606) 
she was still living. (Hist. Lati., vol. iii. p. 775 ; Proceedings of 
the Liverpool Historic Society.) It might be thought, as there is 
no mention made of her in the proceedings about the lease, that 
she was not with her husband at his death ; but as she was one 
of the persons who afterwards administered to his effects, we 
may assume that if she was absent when her husband died, her 
absence was only temporary. 

Sir Thomas Boteler (the third) had four children, all born of 
his second wife, Eleanor HuddlesEon ; 

(i.) Edward, his only son, who succeeded him. 

(2,) Margaret, who first married William Basset; and afterwards 
John, third son of Robert Mainwaring of Warton. {Hist. Clwsh., 
p. 96, under Mcrton.) This John obtained a grant of the gram- 
mar school lands under the pretence that they were " concealed." 
These grants of concealed lands proved so irritating to her sub- 
jects that queen Elizabeth, for avoiding the trouble and charge 
growing by them, issued a proclamation enabling all persons to 
compound for the security of their estates. {Harl. MSS.; Cotton 
MSS., No. 60S, p. 15.) John Mainwaring is mentioned as one 
of the creditors of Richard Bold in a deed of the 28th February 




492 Annals of the [Chap, xxiii. 

2 James I. {Bold Deeds) Margaret was living and joined her 
second husband in a feoffment of the school lands on the 28th 
June 8 James I. (1610.) 

(3.) Elizabeth married sir Peter Warburton, who was made a 
justice of the common pleas on the 25th November 43 Elizabeth 
(1600), and \yzs afterwards made an "eques auratus." He sat 
on the trial of the gunpowder conspirators (27th January 1606), 
and died at Grafton hall on the 7th September 162 1. (Jardine's 
Gunpowder Plot, p. 139; Foss* Lives of t/ie Judges; Marsh's 
Warrington Grammar Sc/wol.) Next to the founder he was the 
greatest benefactor of the g^mmar school, and by his energy, 
devotion and professional skill he rescued its estates from mis- 
appropriation and restored them to the school. On the 9th 
July 1582 Elizabeth his wife had a grant from the earl of Ley- 
cester of 20/. a year from his manor of Long Itchington (St. 
Wulfstan's birth-place). Elizabeth, who was sir Peter's second 
wife, died without issue in 1598. {Hist. Clushire ; Laneham's 
Letters ; Journal Ar, Inst.^ p. i, 1863.) 

(4.) Eleanor, who took her mother's name, died in London, 
and was buried in St. Helen's church (Stowe's Survey, p. 65, ed. 
1852) ; but this Eleanor may have been a Boteler of Sudley. 



Lords of Warringto} 



CHAPTER XXIV. 



EDWARD BQTELER ESQUIRE, EIGHTEENTH BARON. 



EDWARD BOTELER, whowasbomin 1 5 5 3 and who probably 
owed his Christian name to the prince in whose reign he 
was born, succeeded to the barony of Warrington on the death 
of his father, sir Thomas Boteler (the third). In 1563, as we 
have already seen, his father contracted to marry him to "Jane 
or other daughter of sir Richard Brooke of Norton, knight." 
How little the young people's affections were consulted in a mat- 
ter which most of all concerned them will appear from the open 
form of the contract, which was to marry Jane or one or other 
of her sisters. 

On the 19th July 1575 queen Elizabeth paid her great visit to 
her favourite Leyccster at Kcnihvorth, which Scott has immor- 
talised in his novel of that name. Edward Boteler, who was 
then 23 years of age, and was acknowledged by Leycester the 
queen's host as his kinsman, was probably one of the guests who 
attended tlie splendid pageants and gorgeous entertainments 
which then took place, and which, costing 1000/. a day, must 
have drained the earl's purse like a quicksand. Edward Boteler's 
purse, perhaps taking the infection from it, grew sickly upon it 
too. If so we can understand why on the 25th October following 
he came to sell, by the deeds which we have already seen, all 
his family estates after the death of his father to sir William 
Boothe. 

On the 24th December 1576 the queen granted him a lease for 
twenty-one years of the manor of Great Sankey, and the rever- 




494 



An7ials of t/te 



(Ch> 




aion of certain other lands there, then In lease for twenty-one 
years to Randic Worslcy Edward Boteler, who was to pay3o£ 
n year for these lands, finding that some of his under-tenants 
would not pay him their rents, in order to compel them, filed 
a. bill in which he prayed relief against them. 

On the 2ist June 1579. as we have already seen, sir WilltaiB 
Boothc re-granted to sir Thomas Botclcr all the family estates 
which he had acquired from his son Edward ; and on the 25th of 
the same month he and his son, in consideration of the sum of 
132/. l^s. 4</., assigned to sir Thomas the lease of the 5aiike]r 
lands and all interest and advantage under it. 

Sir Thomas, who had greatly at heart the Norton alliance 
which he had contracted for his son, went often there; and on 
one occasion, in the year 1570, he went there and took with him 
his son, who was then about 17 years of age. In early tiroes 
in Kngland it used to be said : 

" To rise at five, to dine at nine, 
At five to Slip, to bed at nine. 
Will make a man live to ninety-nine." 

In Elizabeth's days however the dinner hour was noon ; but her 
cousin lord Hunsdon used to say he would never dine until one, 
for he did not know that some of his friends might not be coming 
twenty miles to see him, and it would be a shame to have dined 
before they arrived, The hours of meals were now altered how- 
ever, for when sir Thomas, intending that the young couple 
who were already affianced should solemnise their marriage, 
brought his son to Norton, a great supper was prepared in the 
hall at three o'clock in honour of the occasion. But Edward Bo- 
teler, whose consent to the contract had never been asked, most, 
ungallantly refused to complete the marriage; whereupon lady 
Brooke, the young lady's mother, who had given up her own 
room for the bridal chamber, was heard to say, " I pray Edward 
Boteler may lead a good [long] life before I quit my bed for him 
again ;" and the young lady who had been thus slighted indjg- 



• XXIV.) 



Lords of Warringiot 



495 



nantly declared that as Edward Botcler had refused her then, so 
she would ever after refuse him. In the year 1579 she promoted 
a suit for a divorce, and after a de!ay of some months the mar- 
riage seems to have been set aside and the parties separated. 
(JProccfdings m thu Ecclesiastical Court at Chester) 

We have already seen how greatly his son's conduct had dis- 
tressed sir Thomas, and how much his attempt to alienate the 
family property without his knowledge had pained him. In 
addition to what the old knight said when he signed the lease to 
his daughter Elizabeth for ten thousand years, another witness, 
Peter Hill, sir Thomas's servant, said that he heard him say the 
lease was made to the intent that his son might not sell the land, 
"that he had no liking of him," and that he doubted "whether his 
son had not already done what in him lay to make his estate away." 
(Evidence in the chancery suit after sir Thomas's death.) Though 
incapable of making a right use of the Boteler inheritance Edward 
Boteler was very impatient to enter upon it, and no sooner had his 
-father breathed his last than he entered upon and took possession 
of his estates. His conduct was a striking comment on his father's 
gloomy forebodings. The witness, Peter Hill, further said : "On 
the morning that my master departed out of this world I had in 
my keeping the lease to his daughter Elizabeth, which I thought 
to bring and give up to some friend of hers, for I saw her in such 
a plight for grief and the loss of her father that she had no care 
for herself, and what with weeping and lamenting for her father, 
as she had great cause to do, she was in such extremity that she 
was not able to stand. But that on the same morning, as soon as 
it was possible, his son Edward came with Mr. Bolde, when Ni- 
cholas Penkethgave them all my late master's keys, which they 
took and then perused all his writings, his daughter Elizabeth 
being present, but in such extremity through loss of her father 
that all who saw her thought she would not continue long after 
him. Her grief and sickness then forced her to take her bed, 
and perceiving that everything would be sought for against her I 

!nt into the park, which was my office; whereupon I was sent 

3S 




496 



Annals of l/u 



[CHAP. XXIV 




for by two or three persons in great haste, arid in the end one 
William Scottc found me and said I must come and speak with 
his master; upon which I came to Bewsey, where Mr. Edward 
Uotclcr met me in the court and, addressing me, said : ' Peter HilJ, 
I understand that you have in your keeping writings that I must 
have; pray you, let me have them quickly.' I answered that I 
thought I had none that were belonging to him. ' Yes," he said, 
' you have,' and lie looked very angry. I then said I had writings 
of Mrs. Elizabeth Boteler's which I had brought to a friend of 
hers, and that if he would let me go to her I would make further 
answer; to which he replied, ' Go your ways quickly, and let me 
have them." I then went to her, and she sent for Mr. Hawardcn 
and Mr. Richard Bold, and the latter having advised her that her 
father was not in a state [meaning an " estate "] to make such a 
lease, and that it was therefore not worth a penny; and having 
assured her that her brother would be as good to her as the 
value of it, she gave up the lease to her brother, saying as she 
gave it up. ' Brother, my father gave me tliis lease for my prefer- 
ment, and I give it to you, if it were better, trusting that you will 
be a good brother to me ;' to which he answered, ' As ye deserve 
so shall you have.' " (Lord Lilford's Papa-s.) 

We doubt whether the advice given by Mr, Bold in answer 
to Elizabeth Boteler's appeal was the wisest, and subsequent 
events lead us to doubt whether such advice was wholly disin- 
terested, since it appears that if not then he was soon aftenvards 
in the service of the earl of Leycester; for in the year 1593, 
when lord Derby had charged the celebrated earl of Essex with 
taking Richard Bold and some other of his people into his ser- 
vice, Essex replied that he had known Bold when he served the 
earl of Leycester, and that by the recommendation of sir Tho- 
mas Gerard he was aftenvards induced to take him into his owa 
service. {Legh Papers.) The form of the earl's retainer, which 
probably the same by which he retained Bold, ran in this 
high style : " Robert, earl of Leycester, baron of Denbigh, &c., 
her majesty's hcutenant and captain-general of ail her anny 




'. XXIV.] 



Lords of Warrington. 



A97 



and forces in these parts, and governor-general of all the pro- 
vinces and cities united and their associates in the Low Coun- 
tries, sendcth greeting: Know ye that for the good opinion we 
have of the fidelity of this gentleman, George Leycester our 
servant, we have appointed him captain of one hundred and 
fifty footmen, and Hugh Starkey (servant to our good friend sir 
Christopher Hatton knight, vice-chamberlain to her majesty) his 
lieutenant, giving him full power and authority by virtue hereof, 
not only to receive them into his chaise but also to make choice 
of all other officers of the same band, and them and every of 
them to conduct and employ in her majesty's service against the 
enemy, Spaniards and malecontents ; willing and requiring all 
colonels, captains and other officers to be aiding to the said cap- 
tain Leycester in all things that shall concern this ser\'ice. Given 
under my hand and seal at Amersford [in Utrecht) the Jth day 
of May 1586. R. Leycester." (Sir Peter Leyccster's lihr C, 302.) 

In the year 1579, three months after sir Thomas Boteler's 
death, Peter Hill and Giles Horwich, by a deed dated 30th De- 
cember in that year, sold to John Hall all their interest in the 
remainder of Warrington after the decease of Edward Boteler, 
As both Hill and Hal! were examined in the suit about the lease 
to Elizabeth Boteler, one cannot help suspecting that besides 
that lease there were other, if not surreptitious yet suspicious, 
deeds made by sir Thomas or his son, and that either Hill or 
Hall was the creature of Leycester or of some other person in 
the matter. (Lord Lilford's Deeds) 

Aware that the existence of his sister Elizabeth's lease for ten 
thousand years might cause his own title to the family estates to 
be questioned, Edward Boteler determined if possible to set any 
doubt on that point at rest by immediately levying a fine with 
proclamations, which was intended to bar all other claims and 
make his own title good by non-claim ; and accordingly on the 
20th May 22 Elizabeth (1580) he covenanted to levy to Richard 
Bold and Henry Ecclcston a fine on which proclamations should 
&had of the manors of Burtonwood, Warrington, Great Sonky, 





498 Annals of the [Chap, xxiv 

Little Sonky and Ovcrford, and of all the messuages, burgages, 
mills, lands, tenements and hereditaments, rents, reversions and 
services lying in the said places, and in Bedford, Penitigton, 
Leigh and Lydeate, to the use of himself and the heirs of his 
body lawfully begotten, with remainder to such uses as he sliould 
appoint. {Bold Dtcds.) 

Edward Boteler, now evidently under the influence of that 
mysterious figure whose dark shadow had affrighted and filled 
his father with evil forebodings, determined before taking the 
last fatal step to collect and concentrate in himself all the scat- 
tered portions of the family estates, and with that view on the 
8th May 23 Elizabeth (1581) he obtained from Richard Bold 
and Henry Eccleston a release and re-conveyance to himself of 
all their interest, as his father's trustees, in the old lease of the 
Warrington parsonage. (Lord Lilford's Da-ds.) 

In some of Leycester's visits to Chester, of which he was cham- 
berlain, he probably called at Bewsey, and had seen where a 

"Venerable mansion rears 
Its aged front in riide majestic state 
Tow'ring, and such as erst our artless sires, 
More studious of convenience and of ease 
Than labour'd elegance, admired and prized" 

(From Bewsey, a poem, by T. Filchett, esq.) 

On the 9th May 23 Elizabeth (1581), by an indenture made 
between the earl (calling himself Robert earl of Leycester, baron 
of Denbigh, knight of both the most honourable orders of the 
Garter and St. Michael, master of her majesty's horse and one of 
her highness's most honourable privy council) and Edward Boteler 
esquire, the latter for divers good considerations, and especially 
in consideration of the great good will and favour that he and 
his ancestors had daily found and received of the earl, and for 
the great desire he (Edward) had to leave his possessions, lands 
and tenements for and towards the better maintenance of the 
earl in honour, and as a token of thankful acceptation of his 




Chap, xxiv.] Lords of IVarrhiglon. 499 

lordship's former benefits bestowed upon him and his ancestors, 
and in consideration that he the said Edward was cousin to the 
earl and of his blood, and in consideration that the earl would 
do his best endeavour within one year next ensuing to obtain 
a good and sufficient demise, lease or grant of her majesty's 
lands, tenements and hereditaments in Great Sankey for the 
term of forty years at least, to commence immediately after 
such terra or estate as he then had therein, for the yearly rent 
of 30/!, or else a more ample and larger estate than the said 
term of forty years ; and within three months after the said lease, 
demise, grant or estate so obtained, should grant and convey the 
same lands, tenements and hereditaments to the said Edward 
Boteler for so many years as should expire in his lifetime. He the 
said Edward covenanted at the next Lancaster assizes to levy a 
fine with proclamations to Richard Bold and John Nuttall of his 
manors of Burtonwood, Warrington, Great Sonky, Little Sonkie 
and Overford, and of all the messuages, burgages, mills, lands, 
tenements and hereditaments, rents, reversions and services situ- 
ate in those places, and in Bedford, Pynnington, Leighe, Eger- 
garth, Lydiate and elsewhere in the county of Lancaster, wherein 
the said Edward Boteler at any time since the death of his late 
father had had any estate of inheritance ; and would also at the 
same assizes suffer a writ of entry sur dissHsin &c. to be had by 
Henry Eccleston and Thomas Latham esquires against him, 
upon which, after declaration, he would make default and suffer 
judgment to be had against him for all the same manors and 
lands. And the said Edward Boteler did further covenant that 
such fine and recovery should be to the use of the said Edward 
Boteler and the heirs of his body by any woman whom he should 
thereafter espouse and take to his wife ; and for default of such 
issue to the use of the said earl his heirs and assigns for ever. 
The deed then contains a power for Edward Boteler to appoint 
any part not exceeding one half of the lands, except the house 
and demesne of Bewsey, to any wife whom he should thereafter 
marry for her jointure for life. (Oldys has remarked on this 



L 




500 Annals of the [Chap. xxiv. 

power in the British Librarian for May 1787.) Also a power to 
jointure a son's wife; also a power to appoint 20/. a piece to 
younger sons for life; also a power to appoint 40/. for the prefer- 
ment of his sisters, servants and other friends for life; also a 
power to appoint a gross sum of 500/. a piece to his daughters ; 
also a power to appoint 1000/. for payment of his debts ; and 
after\vards a power to grant farm leases. Then follow these 
unusual — not to say strange — provisions, that is to say: Pro- 
vided always that if the said Edward should happen to be 
taken prisoner in the wars of our sovereign lady the queen's 
majesty, her heirs or successors, beyond the seas or in Scotland, 
and should be detained for his ransom, and if the said Edward 
for his ransom should give by any his writing any of the 
said lands (except Bewsey and the demesne) for the payment 
of such his ransom not exceeding the yearly value of 60/., 
then the same last-mentioned lands should be to the use of the 
vendees thereof; and it was further provided, that if the said 
ICdward Hoteler should happen to commit any offence for which 
he should be arraigned and put to trial for his life, and should 
be of any such olTcncc indicted according to the form of the 
coin HUM! law, and should sell any of the said lands except as 
aforesaid for oi)taining his pardon and procuring his enlarge- 
nuMil, so as Ihc lands so to be sold did not exceed the yearly 
value of 40/., then such lands so to be sold should be to the use 
of the vent! CCS ri>r ever. {Bold Deeds) 

\\o{\\ parts t>r the foregoing deed, which is in duplicate and 
has been prepared with extreme care, arc witnessed by Richard 
Hold, H. Cholnilex', Arthur Atye, John Nuthall and Peter War- 
burton.* 

• Two of iIrnc, Richanl lU)lcl and John Nuthall, have been mentioned before. 
Arthur Atyo graduated at Morton col lejjc, Oxford, on the 14th April 1569, and was 
nflcrwanls follow of Morton and principal of St. Alban's hall. In 1572, when he was 
elected public orator of the university, he wrote to inform Leycester of his election. 
In 1579 he was Leycester's secretary and correspondeil with sir Philip Sidney, who 
calls him "honest Atye." Afterwards he corresponded with Leycester when he was 
in the Low Countries. In 1585 he was member for Liverpool, and in 1587 he was 



■. XXIV.] 



Lords of Warrington. 



501 



By another deed made on the gth May 2i Elizabeth (1581) 
between the said earl of Leycester of the first part, Edward 
Bottler of the second part, and Richard Bold, Hugh Chomley, 
Henry Ecclcston and Thomas Egerton (afterwards the celebrated 
lord chancellor Ellcsmere) of the third part, Edward Boteler for 
the considerations set out in the previous deed of the same date 
conveyed to Richard Bold, Hugh Chomley, Henry Ecclcston 
and Thomas Egerton the parsonage of Warrington to the use of 
himself for life, with remainder as to one half to the earl for the 
remaining term in the lease; and as to the other half to the use 
of the heirs of the body of the said Edward Boteler by any 
woman whom he should happen to many for her life, with 
remainder to the carl, but with power for Edward Boteler to 
appoint this same half to any person for life. (Lord Lilford's 
Deeds.) 

On the I2th May 23 Elizabeth {1581) Edward Boteler ap- 
peared before sir Christopher Wray, chief justice of England, and 
acknowledged himself bound by a recognizance to owe the earl 
of Leycester 6000/., with a defeasance of the same date making 
such acknowledgment and recognizance void upon Edward grant- 
ing the carl as well all his manors of Burtonwood, Warrington, 
Great Sankey, Little Sankcy and Overford. and all messuages, 
burgages, mills, lands, tenements, rents, reversions and services 
within the same, and within Bedford, Pynington, Leighe, Eger- 
garth, Lydiate, and elsewhere in the said county of Lancaster, 
whereof or wherein Edward Boteler then or at any time since the 
death of sir Thomas Boteler knight, his father, had any estate of 
inheritance, to the uses contained in the indenture of the gth day 
of May {23 Elizabeth), made+ietween the earl of the one part 
and Edward Boteler of the other part; as also all messuages of 
Edward Boteler within the county of Chester, to the use of the 
said Edward Boteler and the heirs of his body which he should 



appointed Leycester's ^ent 
Cholindey nnd Warburlon w 



1 ihe Statea-GeneraL (Wood's Fasti, »ol. i- p. 93-} 
e most probably Lcfccslei's lawyen, vid prepared the 



■■4«Md at his expencc 




S02 



A mm Is of the 



[C«AR XXIV. 



ft^^ fat 



have on the body of any woman whom he should thereafter 
espouse, and for default of such issue to the use of the earl, his 
heirs and assigns for ever. {Ibid) 

On the 6th July 24 Elizabeth (15S2) the earl granted Mar- 
garet Botelcr, sir Thomas's other daughter, an annuity of 40/. a 
year, to be issuing out of tlie several closes, part of the Boteler 
estate, called Bewsey hill, Kinne hill, Coites-hay meadow and 
Dallam meadow, to commence after the death of her brother 
Edward without heirs of his body lawfully issuing; and on the 
9th of the same month of July, by articles of agreement made 
between the earl, sir Gilbert Gerard master of the rolls {who sat 
as one of the judges on the trial of William Davison), Edward 
Bottler and Elizabeth his sister, the earl and Edward agreed to 
grant to Elizabeth, out of the said manors of Burtonwood and 
Warrington a yearly rent charge of 50/. a year for six years then 
next, and also another rent charge of 33/. 6j. M. to be paid to 
her until the 4t]i July 1599, with a proviso that tlie same should 
cease if she died before her marriage. According to this deed the 
earl was a!.so contented to grant to Elizabeth for her main- 
tcnancc a rent charge of 20/. for four years then next ensuing, to 
be issuing out of his own lands ; and for her better preferment, 
and of the earl's mere and honourable disposition, he also agreed 
to grant her a yearly rent charge of one hundred marcs, to be issu- 
ing out of the aforesaid manors, and to commence from Michael- 
mas next after her brother's death without lawful issue of his 
body, and to endure for five years then next following, with a 
proviso that if she should happen to die without lawful issue of 
her body in her brother's lifetime then such grant should be void. 
And in consideration of the premises she covenanted to release 
the earl and her brother from all actions, and also that the lease 
made to her by her father should be given up to her brother, and 
that an order to that effect should be made in the duchy court. 
And after reciting that Richard Penketh and John Grymsditch 
had assigned unto sir Thomas Boteler, the said Edward's grand- 
father, all their term in the rectory and parsonage of Warrington, 



Chap. XXIV,] Lords of VVarringloti. 503 

and that it was pretended that the same sir Thomas made his 
last will and testament and thereof appointed the said Gilbert 
Gerard one of his executors, but that no such will had ever been 
proved, the said Gilbert, being the survivor of the said executors, 
was contented at the earl's request to refuse probate of the same 
before the ordinary, and he therefore covenanted to do so accord- 
ingly. (Lord Lilford's Deeds.) It seems strange that the same 
fate should await the wills both of Edward Botclcr's father and 
his grandfather, and that both alike should be suppressed. It 
does not speak well for the law which could thus permit such 
solemn instruments never to see the light. 

On the 23rd August 24 Elizabeth (1582) Edward Boteler en- 
tered into a covenant to make Richard Bold and John Nutal 
tenants of the freehold for suffering a common recovery of all 
the Boteler manors and lands to the uses mentioned in the deed 
and defeasance of the 9th May 1581, by which, in the event of 
Edward Boteler dying without heirs of his body born of such 
wife as he should thereafter marry, the earl of Leycester was to 
take the whole of the Boteler property absolutely as his own. 
(I^rd Lilford's Deeds) On the 2Sth August Edward Boteler 
enfeoffed the above persons of all his lands in pursuance of the 
above covenant. {Ibid) On the 27th November 1583 he released 
the earl, Sherburn, Bold, Lathom and Nutal of all actions. {Ibid) 

In the year 1582 there was a suit at Lancaster between Tho- 
mas Norreys, Edward Boteler and others, as to the interest which 
lady Anne the widow of sir Thomas Boteler took under her set- 
tlement ; and on the 34th August 24 Elizabeth (1582), probably 
as the result of this suit, lady Anne, describing herself as late the 
wife of sir Thomas Boteler knight, deceased, released to her step- 
son Edward all the right, title, estate and interest which she had 
of and in all and every the messuages, lands and hereditaments 
whatsoever in the manors of Warrington, Burtonwood and San- 
key Magna, which she claimed to hold for her life with reversion 
to the said Edward Boteler, subject to the payment of a yearly 
sum of six hundred marcs, payable half-yearly at the feast of the 
"* 3T 





504 



Annals of the 



|Chj 




exaltation of the Cross and the nativity of St. John the Baptist 
(Lord Lilford's Deeds) Lady Anne subscribed tliis deed not 
with her name but with the mark of a cross ( x ). Are we to 
suppose from this that she, a gentlewoman born of an ancient 
house, was so ill educated as to be unable even to write her name? 

Ever since the year 1565 the earl of Leycester had been cham- 
berlain of Chester. When he visited the city in 1583 he was 
received with such state as no other earl of Leycester, not even 
his renowned predecessor Simon de Montfort, who was earl 
Chester as well as of Leycester, ever received. On his arrival OD 
the 3rd June, accompanied by the earls of Derby and Essex and 
lord North, he was met by the gentry of the county with their 
trains to the number of fifteen hundred horsemen. Arden how 
ever, one of the Cheshire men, incurred his displeasure by refusing 
to wear his livery on this occasion. (Aikin's Memoirs of Elinabelh, 
p. 130.) The mayor and his brethren and all the commonalty of 
the city met him at the cross, and the next day he was enter- 
tained by them at dinner and presented with a silver gilt cup, 
in which were forty angels of gold. (Hist. Chesh., vol. i. p. 199.) 
if, as is probable, Edward Boteler was one of those who at- 
tended his sumptuous kinsman and courtier on this occasioHf 
it may be inferred that, being so near, he would receive a return 
visit at Bewsey. 

The Boteler affairs, sufficiently comphcated already, were 
destined to be further entangled by another set of mysterious 
deeds. The Reformation and the dissolution of the religious 
houses, with the numerous escheats and forfeitures for treason, 
had set many a needy courtier on the scent to obtain grants of 
concealed lands; that is, of lands which were either concealed or 
forfeited, or were supposed to be held for superstitious uses, and 
therefore forfeit to the crown. Sir James Crofte of Croft castle in 
Herefordshire, who was one of these "watchers and waiters," had 
passed through a life of strange vici.ssitudes. In the reign of, 
Edward VI. he filled the high post of lord deputy of Ireland. 
I n the first year of queen Mary's reign he was tried, found guilty 




Chap. XXIV.] Lords of WarriHgloji. 505 

and sentenced to death for taking part in Wyatt's rebellion ; but 
his sentence was commuted, and after being kept some' time in 
prison he was pardoned and set at liberty. In 1557 he was 
made a member of the council for the North, and was highly 
commended in his office by lord Shrewsbury the president. Un- 
der queen Elizabeth he became controller of the household and 
one of her privy council ; and while he was controller he fa- 
voured the Austrian marriage. In 1559 he was much employed 
in the queen's Scottish affairs; and in 1566 he was mentioned 
as one of the friends whom the earl of Leyccster would study to 
advance, which was quoted as one reason why the earl's marriage 
with the queen should be opposed. He was an active member 
of the court which tried William Davison, was one of the judges 
who sat on the trial of the queen of Scots, and a commissioner of 
the Low Countries. {Cotton MSS., 85, 3S8 ; Lansdotvne MSS., 
passim; Papers concerning Ludlow Castle, 209; Criminal Trials 
in the Library of Entertaining Knowledge, vol. i. p. 75 ; Froude's 
Hist. Eng., vol. ix ; Cumnor Place, p. 73.) The vicissitudes of his 
fortune had taught sir James the craft of looking out for means 
to improve his estate, and he asked from the queen and pro- 
bably through Leycester's influence obtained on the loth August 
1583 a grant of full power by himself or his sufficient deputy, 
from time to time within four years then next, "to search, try 
and find out what manors, lands and hereditaments, which as 
well by any attainder, forfeiture, escheat or conviction, as by any 
other way or means had descended or come to her majesty or 
any of her noble progenitors, and were then concealed, detained 
or unjustly withholdcn;" and her majesty gave him and his de- 
puty, from time to time within the said term, to and for his own 
use aild for such sum as to him should seem good, power to com- 
pound with any person who then had and enjoyed the premises 
so concealed, as well for the issues and profits as also for a suf- 
ficient grant of the concealed manors and lands to be made by 
her majesty. And the queen did further grant to the said sir 
James that if any person within the space of six months then 





5o6 Amials of lite [Chap. XXIT. 

next, and aflcr process should have been awarded out of her tna- 
jcMty'M court of exchequer or duchy of Lancaster, at the relation 
of llic said sir James touching the demand of the premises so 
concealed and not compounded for, it should be lairful after soch 
Hix months for the said sir James, for such sums as he should 
thinl< ^ood to accept, to compound with any person touching the 
granting to such other person of any such manors or lands, with 
the arrearages, (Lord Lilford's Deeds) 

On tlio i6th May 26 Elizabeth (1584) the earl of Leyccster 
and Kdward Holder conveyed to Edward Boughton and Richard 
bold all the estates in whidi Edward Boteler, since the death of 
sir Thomas his late father, had any estate of inheritance. The 
consideration for this deed is expressed to be as well a compe- 
tent sum of money as other valuable considerations, but what 
the sum of money was is not mentioned. {Ibid) 

The next day (17th May 1584), by an indenture made between 
the earl of the first part, Edward Boteler of the second part, and 
Kdward Houghton and Richard Bold of the third part, the par- 
tics of the third part covenanted with those of the other two 
parts that they would suffer Thomas Duddelcy and Arthur Atye 
before the 30II1 September then next, by a writ of entry siir 
disseisin en le post, to recover against them the manors of Burton- 
wood, Warrington, Great Sankey, Little Sankey and Overford, 
and all and singular the lands and messuages there, and n\ Bed- 
ford, Pyilyngton, Leighe, Egat^ath, Lydiate, and elsewhere in 
the county of Lancaster wherein Edward Boteler at any time 
since the decease of sir Thomas Boteler knight, his late father, 
had any estate or inheritance, to the use of Edward Boteler for 
life sans waste with remainder to the use of the said earl of Ley- 
cester, his heirs and assigns for ever, {Ibid) 

In this deed are repeated the provisions and powers as to 
Edward Boteler jointuring his own or his son's wife, and as to 
making leases, raising money to ransom him from the enemy 
and procuring his [>ardon from the crown if convicted of any 
crime, that are contained in the deed of the gth May 1581; but 



I making ici 

■ and procu 

ft crime, that 




Chap, xxiv.j Lords of Warrington. 507 

in this deed there is no estate limited to Edward Boteler's heirs, 
and for the first time he takes under it nothing but a bare life 
estate. 

This recovery was duly suffered at the Lancaster assizes on 
the 24th of August following, and in it were comprised the ma- 
nors of Burtonwood. Warrington, Pynyngton, Overford and Little 
Sankey, with the appurtenances; and two hundred messuages, 
four mills, two hundred gardens, two thousand acres of land, four 
hundred acres of meadow, tivo thousand acres of pasture, two 
hundred acres of wood, three thousand acres of furze and heath, 
and 121. of rent, with the appurtenances, in Burtonwood. War- 
rington, Pynyngton, Overford, Little Sankey, Great Sankey, 
Bedford, Leigh, Lidiate, Bold. Windle, Glasebroke, Penketh, 
Egr^arth, Ryxton, Culcheth, Halsall, Ince-BIundel!, Thornton 
juxta Sefton, Atherton, Tyldesley, Treford [Trafford] and Aigh- 
ton. (Lord Lilford's Dccds>t 

It is observable that Trafford, one of the places named and 
which occurs in some of the oldest Boteler rent rolls but had long 
since disappeared from them, appears again here ; thus showing 
the care of Leycestcr not to leave out anything to which the 
house of Bewscy had ever any title. The TraiTord referred to 
was a place of that name in Lancashire, which has since been 
absorbed either in Newbold or some other neighbouring place. 

Thomas Duddelcy. one of the trustees in tliis recovery, was a 
relation of Leycester's and one of those who corresponded witli 
him during his stay in tlie Low Countries, (^Lansdffwne MSS., 
L 66 ; Davison's Life, p. 25 ; Leycester Correspondence, passim, 
Camden soc.) 

The earl now counted himself fully secure of his succession to 
the Boteler estates ; and on the 6th February 28 Elizabeth (1586), 
by an indenture made between him (in which he is described by all 
his titles, including that of lieutenant and captain -general of her 
majesty's army and forces in the Low Countries) of the one part, 
and Edward Boughton, Thomas Duddcley and John Croke the 

mi^er, esquires, of the other part, after reciting that Edward 



yom^er, esquire 




5o8 



Annals of the 




Boteler, by good and sufficient conveyance in the law stood 
seised in his demesne as of freehold for the term of his natural 
life of the manors and hereditaments so often already mentioned, 
%vith immediate remainder to the said earl in fee, and also 
reciting that one Gabriel Blyke esquire and Margaret his wife 
stood seised in like manner for their lives and the life of the 
survivor of the manor of Twynj'nge with the like reversion to 
the earl in fee (and which he had doubtless acquired as he had 
the Bolder inheritance), it was witnessed that the earl having 
resolved how and in what sort the said manors should continue 
as well during his life as after was desirous that they should con- 
tinue to such of his name and blood as were thereafter expressed, 
and " for the great love and every affection which he bore unto 
his well-beloved Robert Duddeley his base-born son, and for 
his advancement and the advancement of his issue male, and for 
other good and great considerations," the said carl did grant 
to Edward Boughton and others all tJie said manors and here- 
ditaments to the use of the earl for his life; with remainder to 
the use of the said Robert Duddeley and the heirs male of his 
body lawfully begotten ; with remainder to such uses as the 
said carl should direct by his will; with the ultimate remainder 
to his own right heirs for ever. It is further provided that 
the lease of Warrington parsonage and the tithes of Woolston 
and Poulton, which the earl had bought, should remain as far 
as possible to the same uses ; but the carl reserved power to 
revoke the whole of such uses by any writing under his hand. 
This deed is attested by Leycester's step-son the celebrated earl 
of Essex and Arthur Atye his secretary, (Bold Deeds) 

In the year 1 585 as Crcichton the Jesuit was passing into 
Scotland with certain papers which he was charged to deliver 
there, he was overtaken by some Netherland pirates, upon 
%vhich he tore up the papers and threw them overboard. Strange 
to say however they were carried by the wind back into the 
ship, when being taken up and pieced together they disclosed 
a fresh design of the pope, the Spaniard and the Guises to 




Chap. XXIV.] Lords of Warrington. 509 

invade and subdue England. Taking advantage of the occa- 
sion and desiring to make the most of it, Leycester got up and 
promoted an extensive voluntary association of the queen's 
subjects, in which they pledged themselves to defend her against 
all her enemies both foreign and domestic. Edward Norris, 
John and Thomas Holcroft, Richard Bold and Edward Boteler, 
with many others of their neighbours were amongst those who 
signed the declaration of the Lancashire branch of the associa- 
tion. {Hist. Laii., vol. i. p. 551; Proceedings of Lane. Liattenancy, 
Chctham soc, where a copy of the declaration is given.) 

In or before October 1586, Edward Boteler married Mai^aret 
Maisterson daughter of Richard Maisterson of Nantwich, one of 
an ancient burgher family of long descent, who though they had 
little or no landed estate enjoyed a high position in Cheshire, 
having often served their sovereigns in war and earned the 
gratitude of their fellow townsmen by their munificence, as an 
epitaph on their tomb records, one of them having almost rebuilt 
the town of Nantwich after it had been destroyed by fire. 

The exact date of Edward Botelcr's marriage, although search 
has been made for it at Nantwich, has not been found. 

By an' indenture dated 31st October 28 Elizabeth (1586), made 
between Edward Boteler of the one part, and Margaret his wife 
of the other part, Edward Boteler under the powers given him 
by the indenture of the 17th May 26 Elizabeth (1584) and, as 
he expressed it, out of the tender love and affection which he 
bore to his wife, did appoint to her in jointure all such of the 
lands as were mentioned in the schedule thereto annexed, with a 
proviso that the appointment should be void upon his tendering 
to her ten shillings within his chape! on the north side of the 
high church in Warrington in the presence of three witnesses. 
(Lord Lilford's Deeds) 

This deed, which must have been executed with much form 
and circumstance, is attested by no less than seven witnesses, 
and the schedule to it, which is long, contains messuages and 
lands in Warrington, Overford, Burtonwood and Great Sankey, 



k. 




5" 



Ammh of Ihe 



(Ch, 



. XXIV. 




all which with the tenants' names and their rents, the latter 
amounting altogether to 66/. 6j. 31/., are particularised. If this 
provision was intended to be carried out the jointure would have 
been sufficient in amount ; but the proviso at the end is strangely 
at variance with the " tender love and affection " for Mai^ret 
which it professes as its consideration. Can anything indeed be 
a greater mockery than a provision for a wife which might be 
avoided at any time by the tender of ten shillings? So un- 
hallowed a tender must have profaned the holy place where it 
was made. With such an in icrrorcm clause in it Margaret 
Botelcr might have asked of such a settlement, what is it " but to 
keep the word of promise to our ear and break it in our hope " ? 
The hunt for concealed lands once begun did not long want 
followers. Amongst these was one Walter Spendlow who 
hunted with sir James Crofte's pack, and by an indenture of the 
14th November 26 Elizabeth (1584), between sir James Crofte 
of the first part, and Walter Spendlow of London gentleman of 
the other, sir James by virtue of his power under the queen's 
grant to him of the loth August 1583, and in consideration of 
the great good will he bore him, made the said Walter his 
deputy to search, try and find out concealed lands in the coun- 
ties of Lancaster, Derby. Chester, Leicester and York — a tole- 
rably extensive hunting ground. (Lord Lilford's Deeds) But 
there were others in the field on the same track and at the same 
time, two of whom were ThcophiJus Adams and Thomas Butler, 
both of London, gentlemen. Adams is well-known as an exten- 
sive dealer in concealed lands {Index to Lansdowne MSS., part i. 
No. 86, p. 61), but who Thomas Butler was we have not dis- 
covered. On the 2nd August 27 Elizabeth (1585) these two 
worthies obtained from the crown to themselves and their heirs 
a grant of all the messuages and lands late of sir Thomas 
Botelcr deceased, lying in Burtonwood, Magna Sankey and 
Parva Sankey, paying for the same a rent of twenty shillings a 
year, with a proviso that the grant should be void if the lands 
had not been concealed on the 24th July 12 Elizabeth (1570), 




Chap. XXIV.] 



Lords of Warrington. 



at which time a former and more general grant of all such lands 
seems to have been made to lord Wentworth, whose heir, so far 
as the Boteier lands were concerned, was now willing and had 
signified his readiness to forego all his claim under it. {Lord 
Lilford's Deeds.) In 1570 the rising of the earls of Northumber- 
land and Westmoreland had caused great anxiety and uneasi- 
ness in Lancashire, but neither then nor at any other time had 
sir Thomas Boteler's loyalty been for a moment suspected ; 
how or why, therefore, there should have arisen any pretence of 
concealed lands in his case we are at a loss to conceive. We 
may fairly suspect however that this grant to Adams and his 
companion was meant to be another link in the coil which was 
being gradually wound about the house of Bewsey, whose last 
surviving male representative meanwhile little dreamed of the 
danger he was in and which was so soon to overwhelm him. 

On the 6th December 1585 the queen's lofty favourite, 
Leycestcr, who though great was not good and consequently 
enjoyed few if any men's love, set out for the first time on his 
mission to the Low Countries, leaving no regrets behind him. 
Not long after his departure there appeared in London, un- 
heralded by trumpets or any flourish of pomp, a man worthy of 
immortal honour and whose name will be remembered as long 
as our language lasts, while his renown will extend over coun- 
tries far beyond those where that language is spoken — William 
Shakespere ! 

Edward Boteler's rfile was now complete. Though only 
32 years of age. he had lived long enough to ruin himself and 
hasten the downfall of his ancient house. Within a few weeks 
after his marriage, within less than a month from the date of his 
marriage settlement, and within a much shorter time after the 
making of his will, at which time he was in perfect health, the 
end came and he was carried to the family chapel for burial. 
His will, made on the 2nd November, was proved at Chester 
on the 28th of that month, and therefore, although the exact 
j}ate of his death is not known, it must have happened in the 

3U 





A.KJL£Ss ^/ ik€ [Chap. XXIV 



:^ccrt ii i L^ 'i i l *er¥i2sx tb» licr* t^j dztesL When sir Philip 
Sarrej^. x tt^lt :c j. .nrsiranisr tbi cpco5£te of Edward Boteler*s, 
cie-L !iLS rccj Trtf 2j:c cimzilnid to- the earth fM- dearly four 
::3rc:rii? . 3, 5ucri pigr": ,r>:c:s 2>:o3cr hOTrever awaited Edniard 
FcciitiT. xiii ^ ri^iifrs "vers oicbcliess speedfly if not hastily 

Hlt^rr.: jc riK ieiiri zi iirv cc due barons of Warrington an 
oc .r:?iinrc rcijc -^yzdz^^L Lx»i besr aliravs held to ascertain what 
L2jro> be beicL jc tp^jci rbev -w^sre^ boiden and b\- what services ; 
be: Tifajer EdTrxrd Bccsiiier ciei. wba had taken pains to strip him- 
<5ilf r«ii?jc2 •*" be Tn^ci I * iKiL" be beld ao lands and the old custom 
W3L5 tbercrVc? t — >;cgssary. Xr izjc:2Stion followed his death, but 
tb;:rc «^i5 iinsciii wbii 5£r FeCir Leycester would ha\'e emphati- 
cally c-il-oi JLi ^'.-XTc silrz:lxm^ Wlsen the Xorman conqueror 
cf E::^!sir\i was iikei tr- ^rre cp in his lifetinie part of his 
jv:f55c>j>:cci> rc^ bis eldest sec Robert, he replied that he "did not 
ntcjin ro rxke o-5 bEs clxbes u=til he went to bed,** Edward 
Fv^iclcr on tho cjctrar^-, by bis deed of the 17th May 1584, 
hao! :n h:> I::c::::ne scrrp<:d bimself nc^t of part only but of his 
wh.^o :::>.cn:,*r.ce : J^i iberLfjre, ^T^t^ he died, there was 
r.v :>./.\: Ivf: :.^ vusceri :: his h;::r. r.cr no relief to be paid either 
to :.:5 <;:rcr".r l.^ri or :o tbj cr:v.r- The will which he made 
hv^wcwr. ar.vi ^hich w^xs ^.fterv^ris rr:vei bv t^vo of the execu- 
tv^:^ »\: Chester. :> :r. >:nie re<:ec:5 >? reniarkable that we give it 
; . ,:: ., ',v,' ; ar.vi '.vo <h.-.*l dfteriwird:? ^Ive a few obser\-ations which 

** In the name of God the xr.ost hi^he undoubted and glorious 
Trinitv. the Father, the Sonne, and the Holie Ghost. Foras- 
muc!^. as certaine it is v' even- man is subjecte to death and that 
y* lime tliereof is most uncertaine, therefore as I thincke it is the 
dulio of CNiy discrete Christian to foresee and pvent all those 
thini^s y' in anio wise maie troble and disquiet the minde of 
man, especially when death shall approche and terriblie assault 
hime; fi^r then ought hee cheeflie to ^^^ and fasten his minde 
uppon the most excellent goodnes and mercie of God w«^ he 



undoubtedly showcth to all repentant mindes; and forasmuch 
as the disposition of vile and transitory things being deferred to 
the last tyme doe trouble and disquiet the mind and soule of 
man that itt cannoCt then entirelie call uppon God for his infinite 
mercie, wherein he ought att all tymes most cheeflie to trust and 
to take most coumforth and consolation : therefore I, Edward 
Butler of Bewsey in the county of Lane esqnier, being in quiet of 
mynde, health of body and pfettc remembrance, God I thancke 
therefore, doe make and ordayne my last will and testament in 
maS and forme followinge: first I bequeth and most humblie 
commit and geve my soule to God Almighty the father of all 
consolation who has gevcn most mercifully his dcarejy beloved 
Sonne Jesus Christ to the most painefull death of the crosse for 
the redcmcion and cternall salvation of all mankinde, and to my 
saviour Jesus Christ both God and man who is the true owner 
and lord of itt, for by his death hcc hath most justtie purchased 
itt from the captivitie of death and hell, and to the Holy Ghost 
God cternall with the Father and the Sonne, most humblie be- 
seeching ih' Almighty through the pcious and most merctorious 
death of Christ that I may live both bodie and soule after the 
last daie of his judgment ^v''' his chosen and elect people. Fur- 
ther my will is my bodic to bee buried witln'n my chappell att 
the highe church of Warrington, where my auncesters have bene 
usually buried. Item I geve for and towards the crecion of a 
toumbc of Allabaster to be set ov mee one hundreth pounds; 
and for further distribucon of the rest of my goods, catlclls, 
chattels, and other debts dcwe and owinge to me, I geve the 
same to my executcrs hereafter named for and towards the dis- 
charge of my funerall, payment of my debts and legacies here- 
after mencioned and to noc other intcnte in any wise. Further 
I geve and bequeth to Margrett my wife that the prsonage howse 
of Warrington, glecbe lands, gardens and all edifices to the same 
belonginge, togcather with the moietie or one halfe of all the 
tythes and other pfetts belonginge to the same prsonage duringe 
- Hie life of the said Mai^arett, the great barne onclie excepted, 



L. 




5'4 



Annals of tlu 



(CaiP. XSIV. 




payingc and disdiarginge ycrelie therefore th'one halfe of all tbc 
rcntH and all other duties payable for the same. Further to my said 
wife I gcvc thu revcon of all such and so raanie yeares as at the 
tymc of my clccase shall be unexpired of one lease graunted to 
mcc by her niStic of ccrtaine lands and tenemts in G|tat Sonkcy, 
payingc the accustomed ycarclie rent to her matie or her succes- 
sors for the same, Provided alwayes and itt is nerthelesse my 
full will and intent that if I fortune to have issue of my body 
lawfully begotten, that then as well the said prsonage howse of 
Warrin(rton with all glcebc lands, gardens and edifices to the same 
bclonginge, together with the moitie or one halfe of all the tythes 
and other ^fett? to the said parsonage appurtayninge, as also the 
rcv?on of the said lease to me graunted by the quenes made that 
now is, shall rcmaync and be to the use of my first begotten 
Sonne or daughter duringe all such tearme as I have in and to 
the same, anythinge in this present wilt contayncd whatsoever to 
the contrary in any wise notwithstandinge. Itm I geve to M' 
Richard Masterson of the Noun'wich esquire fourtic pounds in 
money. Hm I geve to my svant Randall Rixton of Great Son- 
key geri fourtie pounds in money. Hm I geve to John Wake- 
field scholem' of Warrington fourtie pounds in money. Ifm I 
geve to my svant John Warburton of Bromefield gen twcntie 
pounds in money, l?m I geve to my servant Ric Bridge gen 
twenty pounds in money. Hm I geve to my svant William 
Bradford twcntie pounds in money. Itm I geve to my servant 
Nicolas Bate tcnnc pounds in money. I geve to my servaunte 
Henry Barrowc of the Cawsey bridges, if hcc fortune to ovrlivc 
mcc, twcntie pounds in money. Ilm I geve to my servant Wil- 
liam Cowp, if he fortune to o5rlive'me, tenne pounds. I geve to 
my .sevauntc Rauf Erlame, if he fortune to orlive mee, tenne 
pounds. Itm I geve to James Curren my ^vaunt tenne pounds. 
Hm I geve to all the rest of my servingc men wich have conti- 
nued in my service three yeares togeather, to evry such of them 
five poundcs in money. And to the rest of my servinge meo 
• that remayne with me att the time of my death to evry of them 



Chap. XXIV.] Lords of Warrington. 515 

fourtie shillings in money. Also I geve to every workeman and 
woman servant which shall continue with nie at my decease and to 
evry of them twenty shillings in money. And the rest of all my 
goods nott hearetofore bequeathed I geve to the above-named 
Margarett my wife. And of this my psent will and testament 
I ordayne, make and constitute the said Margarett ray wife, 
Richard Maisterson of the Nauntwich aforesaid in the countie of 
Chester esquier, Randell Rixton aforesaid of Great Sonkey 
within the countie of Lan^ gen, and John Wakefield of Warring- 
ton aftd schoolm', my faithful!, trusty and lawfull executors, 
most emestlic prayinge and dcepelie charginge theme and evry 
of theme as they will answcare the contrary at the dale of God's 
generall judgment that they will see this my will pformcd, and 
the legacies, and bequeathes in the same conteynede dulie exe- 
cuted accordinge to the trust in them reposed. Last of all, I 
utterlie revoke, dissable and dissanule ail former wills, gifts, lega- 
cies and bequeasts by mee hearetofore made or ptended to be 
made. In witness wheareof I the said Edward Butler have put my 
hande and sealed the same with my scale of amies the seaconde 
of November in the xxviii. year of the reigne of our gracious 
sovraigne ladie Elizabeth, by the grace of God of England, France 
and Ireland qucne, defender of the faith, &c Signed, sealed, 
and as the deed of the w'''in named Edward Butler esquire, 
delived in the pfsence of us : Richard Masterson, Randolphe 
Rixton, Jo Warburton. Richerd Bruch, Nicholas Bate, Willia 
Bradford, John Wakefield. 2''" die Novcmbris, 15S6." 

As the glory of the house of Bewsey may be said to have 
departed when the first sir Thomas Boteler the founder of the 
grammar school died, so tlie last spark on the hearth-stone of 
Bewsey may be said to have gone out when Edward Boteler 
the last baron of Warrington of his house and its last male repre- 
sentative ended his short but strange and incongruous career. 
He was a weak man, easily led and from first to last was consis- 
tent in nothing but in his inconsistency. At the age of seventeen, 
having refused to marry Jane Brooke, a lady of suitable rank 





5'6 



Annals of the 



ICh, 



whom his father long before had contracted that he should 
marry, he yet took no step to have the espousals set aside, and 
when this was afterwards done, it was done not by him but at 
the instance of his espoused wiftj some six or seven years after 
and when he had been some years of age. Secretly and 
unknown to his father he stripped himself of tlie reversion of all 
the family estates expectant on his own decease without issue 
and transferred it to a distant kinsman. If he had gambled, 
lost money at play or in the cock-pit, or been in debt, of 
which however there is no evidence, the money value of such a 
reversion must have been small indeed, and its sale therefore 
could not to any considerable extent have relieved him, even if he 
had received its full price, which as that nowhere appears ser\'es 
only to make his conduct more mysterious. Aftenvards when, 
to repair the mischief he had done, his father had repurchased 
the inheritance and taken such means as he thought would effec- 
tually prevent him repeating his attempt to alienate the family 
property, scarcely were his father's eyes closed before he, who 
had so lately shown how little pride he had in the family estate 
and how little he valued it, took steps to set aside his father's 
precautions and levied a fine to establish his own title to tlie 
estate against all claimants. The names of the two connsees 
in this fine show that thej* were but the nominees of some 
dark person who held Edward Boteler in his potent spell, and the 
next year when he absolutely transferred the reversion of the 
whole family estates expectant on his decease without issue to 
the earl of Lcycester in fee, it became clear who it was whose 
shadow had been over hini. The deed of transfer to the earl 
contains two very extraordinary provisions which are made to 
seem as if they proceeded from the earl's mere grace, one 
enabling Edward Boteler to raise a hmited sum for his ransom 
if he should be taken prisoner in war, and the other enabling him 
to raise a like sum to purchase his pardon if he should be tried 
and convicted of any crime, neither of which contingencies, 
but especially the last, was very likely to happen. This deed. 



Chap. XXIV] 



Lords of Warrington. 



517 



the first link in the chain which was to bind Edward Boteler's 
hands behind him. was most ably drawn up under the earl's own 
eye and was witnessed by five of his friends ; but to make any 
such deed valid and effectual in the law either a good or valu- 
able consideration was essential, for as justice must be drawn 
from pure fountains and €x turpi contractu non oritur actio, so no 
action will lie on a nudum pactum or a bargain without mutu- 
ality. A good consideration is that of blood or natural affection, 
as when a man grants land to a near relative ; a valuable con- 
sideration may be either money, marriage, or the like. But cer- 
tainly on the making of thi.s deed no valuable consideration 
passed from the earl to Edward Boteler, and the parties were not 
nearly enough allied in blood to make the relationship between 
them any good consideration. Their kinship, which was very 
slight indeed, arose only in this manner: through his mother, 
Eleonora, Edward Boteler was the great-grandson of sir Edward 
Sutton, a far-off cousin to that sir Richard Sutton whose wife was 
the daughter and heiress of the lord Dudley who had the melan- 
choly honour to bring home for burial the body of Henry V. after 
his premature death in France. In memory of this event sir 
Richard took the name of Dudley, which was borne by all his de- 
scendants afterwards, and among them by Robert Dudley earl of 
Leycester, except at those times when it suited him to call himself 
Sutton. When the earl's lawyers were drawing up the conveyance 
to him from Edward Boteler they were evidently at a loss how 
to make out a sufficient consideration for it, and they had to look 
very far for one which was even at all colourable. At first they 
put it on the earl's good will and favour shown to Edward Bo- 
teler and his ancestors, a fact of which there is no evidence, the 
earl's name until these transactions having never once appeared 
in the Boteler annals. Secondly, they alleged Edward Boteler's 
desire to maintain the earl in his dignity, and to show him his 
thankfulness for the benefits he had received : as to maintaining 
the ear! in his dignity it was but little that Edward Boteler could 
do, and of the benefits, if any, which he had received from the 



k 




5i8 Annals of the [Chap. kxiv. 

earl the evidence is entirely wanting. Thirdly, it is pleaded that 
the earl was his cousin and of his blood ; but we have seen how 
remote this kinship was. and we know also that Edward Boteler 
had at this time two sisters, besides many other relations much 
nearer in blood than his eighth or more remote cousin the earl. 
Fourthly and lastly, Edward Botclcr's hope that the earl would 
use his influence to procure an extension of the term in his lease 
from the crown of the Sankcy lands, which is alleged as a consi- 
deration, was in reality no consideration at all; though it aptly 
illustrates that old definition of gratitude which makes it to con- 
sist not in thankfulness for the past but in the hope of favours 
to come. 

The earl, having set his prey and keeping his eye steadily fixed 
upon it, left nothing undone that the best legal talent and the 
most active vigilance could achieve to complete his design upon 
Edward Boteler. To his sister Margaret, as if her brother's 
dying M'ithout heirs of his body was an assured fact which must 
happen, the earl granted an annuity to commence upon that 
event; and with her brother's concurrence he granted to his 
sister Elizabeth other annuities out of the Boteler lands and one 
out of his own, to commence at more immediate periods. 

On the 22nd August 1582 Edward Boteler sufl'ercd a recovery 
of his estates to the uses limited by the indenture of the 9th 
May 1581, and so helped to forge another hnk of his chain. 

As yet Edward Boteler in all Jiis transactions with the earl 
had been allowed to reserve to himself an estate for life with 
remainder to the heirs of his body. It was the earl's policy to 
proceed by degrees; but the bands drawn about Edward Boteler 
were now to be further tightened. By a new deed, made on 
the 17th May 1584, he granted to the earl all his estates imme- 
diately after his own decease, reserving nothing to himself but a 
bare life estate, and with the same illusory provisions about 
ransom and pardon as before. 

The two dealers in concealed lands, Adams and Butler, hunt- 
' ing in a couple like two sleuth-hounds, having obtained a grant 



CHAr. XXIV.] 



Lords of IVarringioi. 



5'9 



of the Boteler lands as " concealed," next appear upon the scene. 
That these persons as well as sir James Crofte were set upon 
their odious trail by the earl appears plainly by their aftenvards 
conveying to him all their interest in such lands, and by the 
notorious alliance existing between him and sir James Crofte. 
The aim of all three seems to have been to draw another coil 
round Edward Boteler which was to catch him if he escaped that 
inner one which the earl had already drawn about him. 

Unlike his ancestors Edward Boteler seems never to have 
filled any public office or employment. He signed, indeed, the 
declaration of loyalty to the queen in 1585, but lie only did this, 
like most others, at the suggestion of Leycestcr. 

As in other things so in his last will Edward Boteler was incon- 
sistent. Faith in the saints had vanished at the time he made 
it, and if the profession of his faith which it contains was more 
sound, his practice was as widely at variance with the piety and 
prudence it professed. Deprived by his own act of the power to 
leave Bewscy as a residence even for his wife, he gives her instead 
the rectory house of Warrington and one half the tithes of the 
parsonage for her life, and also his reversion of the lease of the 
Sankey lands, with a proviso that if he should have issue the 
rectory house and half the tithes with the reversion of the Sankey 
lands should be to the use of his first son or daughter for all his 
term therein; a proviso which, if he had left issue, would have 
made the gift to his wife a mockery and have deprived her of all 
benefit under the will except the residue of his estate, which 
is given to her absolutely and unclogged with any proviso ; but 
the existence of any such residue was but an idle dream. He 
very justly directs that his debts should be paid, and he gene- 
rously leaves legacies to all his servants; but he was neither 
just nor generous in omitting all mention of his sisters and leav- 
ing them neither a legacy nor a remembrance ; and, as if resolved 
to be inconsistent to the end, after he had been all his life bent 
on ruining his family name, he leaves a sum of 100/. to erect an 
alabaster tomb to preserve his name and memory in the family 

3X 





Sao 



Annals of t/te 



ICHAP, XXIV 



chapel. All the seven witnesses to the will, three of whom ate 
also executors, take legacies under it. Wakefield, who was one 
of the executors and who survived the testator twenty years, was 
not a man whose morals. In his later years at least, should have 
recommended him as a pattern. We do not know whether the 
testator's debts and legacies were ever paid, but the alabaster 
tomb was certainly forgotten, and his body seems to have been 
committed to the grave in the family chapel without even an 
epitaph to mark the place. 

Before concluding our account it may be well to recall a few 
of the events of Edward Boteler's life and history. On the 2Sth 
November 1579, barely two months after his father's death, sir 
William Boothe, to whom he had bargained to sell his inheri- 
tance, was canicd to the grave at the early age of 39. and the 
earl of Leycester, who had the eyes of Argus and the arms of 
Briareus, and who, like Cataline, was alictii appcUtis sui profusus, 
immediately procured from the queen a grant of his son's ward- 
ship, which, as the son was young and the estates were large, 
must have been of great value. The earl, who had an unbounded 
stomacli for obtaining gifts and grants from the crown which he 
was more ready to obtain than to pay for, was at this time in- 
debted to the queen for such grants in many thousand pounds 
Edward Boteler, after stripping himself in Lcycester's favour of 
every portion of his inheritance except a mere life estate, in or 
about the month of October 1586 was married to his second wife 
Margaret Maisterson, and on the 31st of that month he made 
such a settlement upon her as his crippled means still allowed. 
On the 2nd November, being then in perfect health, he made his 
will, and lo ! in a very few weeks or daj-s more he was carried 
to the grave ! Leycester, who on the 17th October had lost his 
heroic nephew sir Philip Sidney by death, embarked to return 
home from the Low Countries on the 21st November 1586^ 
ved after a short passage in England, and on the 23rd No- 
vember was at Richmond. (Cardinal Allen's Siege of Devmter, 
p. XX, Chetham soc.) There is no evidence tliat he was either 





Chap, xxiv.j Lords of Warrington. 521 

at Beivsey when Edward Boteler breathed his last or that he 
came there soon afterwards, but the rapidity with which one 
step succeeded another to put him in possession of the coveted 
inheritance of Bewsey cannot but excite our wonder ! 

What were the precise circumstances which brought on Ed- 
ward Boteler's end so suddenly as to make his death more 
mysterious than that Bewsey tragedy which cost one of his 
ancestors his life, we do not know. Surrounded by his numerous 
servants and with the means of every comfort about him he died 
in his own house; and if, as it is hard to believe after recalling 
the events of his last few years, he died from natural causes, 
the end of the drama seems passing strange and full of mystery .' 
He died without issue* leaving his second wife surviving, who 
afterwards married sir John Gibson of Welborn. 

In obedience to our summons the barons of Warrington in 
long array have now appeared before us in succession, as they 
lived and died, and as each of them has crossed the stage we 
have gleaned something of his history. " In some of its essen- 
tial members history dies as generations of men pass off the 
stage. If we could call up some of the actors in the times of 
which we have been treating and were allowed the opportunity 
of proposing to them the proper questions, we might have been 
able to give a fuller portraiture of the men of whom we have 
been writing." (Godwin's Common-wealth) But as wc cannot call 
up such witnesses, and as the Botelcrs have left no family chro- 
nicles, each baron of Warrington, instead of being clothed in 
flesh, appears as a mere trama figttm. Sufhcient of their history 

■ Although it is quite notorious thil Edwitd Bolelei left no issue b; either of his 
wires, a pedigree in the office of Ulster king al arms in Dublin has provldeil him with 
Dumeions childrea both male and Temale by his wife Jane Brooke, 10 vhom it has 
eiren a long line of descendanls. But Ibis mistake in the Boteler pedigrees is by no 
■neuu singular, for the pedijjrees of the Bolelers in the Harleian Ctllnii 
ihem descendants ihey never had, nho in this wny become aulailhofiti ot filu Hullmi 
of a kind unknown to the law. 





5 J'i Anpuils of the [Chap. xxiv. 

however luiH been given to show that in their day they did not 
occupy a vacant niche or live wholly in vain. Little sovereigns 
In Ihcii* own time and neighbourhood many of them took pains 
to Improve their hereditary domain. They founded churches, 
rrllyivniH house;* and chantries, provided priests and clerks to 
luiulHtcr In them, exercised charity to the poor, and on fitting 
occa!*tonH opened the halls of Bcwsey in hospitality to their neigh- 
bi»ur?*, rhcy j;[ranted charters of liberties to their tenants and 
yrtvr thcn\ impi'oving leases of their lands, made bridges over 
thi^ ?*t»'rantM and |K\vcd rv)ads on their estates, and established 
rrth>* ttud uiarkets; by which and other means of a like nature, 
tti«* j'c^iJ* iXillcil on. hamlets grew into villages and Warrington 
(ViMU rt vtUrty;r bccan^c a flourishing town, in which as the head of 
their lM»\M\y they built and endowed a grammar school, the great 
lHM\*^tU i»r which the place still enjoys. But their activity though 
It boyrtU at hon\e did not end there, for we find their names con- 
WtrtuUy on the i\>U of thiv^e who served their country as well in 
pv^rtv ^ a** In war, They bore their part in the great councils of 
thp nation anvl bucklal on their armour to defend it. Of sir Wil- 
liam rtuvl nil |ohn Uv>tclcr. who served in France under Edward 
III , \\\v ntinin^ ejMsovle sv> vividly i^ivon by Froissart has been 
upral^nl in thv^v* l^^i^^^^ Another sir William sailed to France 
wilh lUi^iy \' » auvl if the enemy whom no man can meet and 
vautpunh havl not encv>m\teivvl and struck him down in the camp, 
lu' mi^jht have shaiwl in the i^lories of Agincourt. The first sir 
Thomas Uotelei. who saw his house attain its greatest splen- 
iU»m, maivhed and tou^ht with those who dethroned the usurper 
Uiihard tU Hosworth; and his name and prowess on another 
weU-l\>u^hten tield, the tieUl of Flodden. have found a place of 
hv>nour in the kdlad records of the dav. With him, when he was 
gathered to his rest, the sun of his house began to wane. To 
clin\b is ditV^cult. to fall is evisy. and the grandeur of a house 
which ii had tvikvii liiteea ^encraUon> lo build up was ruined 
and destuned in thiec. 

" It IS a reverent thin^:. sa\s Ricon. *' to see an ancient castle 



Chap. XXIV.] Lords of Warrington. 523 

or building not in decay, or to see a fair timber tree sound and 
perfect ; how much more reverent then is it to behold an ancient 
family which hath stood against the waves and weathers of 
times." And if this be so the fall of a house like that of Bewsey, 
after flourishing for centuries in honour, cannot pass away with- 
out exciting melancholy emotions. A chronicle which had so 
long walked hand in hand with time, linking by its associations 
the present with the past, has engaged a large share of our 
thoughts and gained upon our affections; and we grieve over its 
extinction as we should over the death of a Nestor, whose life in 
reality and not*!n fable had extended over three centuries or 
more. We mourn deeply to lose our old acquaintance; but in 
the case of Bewsey our sorrow for its fall is mixed with deep 
regret that the rays of its last sunset should have been shed upon 
one so unworthy of his ancestry as Edward Boteler ; and that 
he, the last scion of a noble race, should have so tamely sub- 
mitted to be the dupe of a daring and designing man, who, 
professing to be his friend, sought only to enrich himself by 
his ruin. 




ABDUCTION of women, 
meDlioned, 356 ; an epideniic in 

1437, prodaioalion against it, 265 ; 

cither instances mentloneil, 365, 266 ; 

Ibe CTil remedied by Henry VII., 1*. 
Aeincouit, batlle of, 144. 
Amu, second son of Paganus de Vilars, 

receives from his Tather TrafTord, 13 ; 

gave land to the church, 13, 19. 
Aqaitainc, another expeditton made there, 

205. 
Atherton, Geoige, esq., hh ignorance of 

letters. 363. 
Atye, Arthur, short account of, 500. 
Augustine hermit friars obtain the king's 

license to hold certain lands in Warrtng- 

BARNARD, Raduirfili, sheriff, gitcs 
Crophill to Waller dc Stnnlon, in 

frank marriage with Albteda, aster of 

William Ic Bottler, 39. 
Battle, an approver at Chester, p. jviti. 
Beckett, a kinsman of the BotelCTS, p. viii. 
Biikenhed, notice of, 411. 
Blondeville, earl Randle, tradition of his 

rcfusit to pniy in a storm until midnight 

when his monks would be praying for 

Bold, Richard, his ndvice to Elimbcth 

Botelcr was not disinterested, 496 ; 

enters Leycester's service, i*. 
Bolingbroke, Henry of, made a knight 

ana receives an aid for that purpose, 

192. 
Borough sod free borough, the meaning 

Boteler family short-lived, 395, 331 j the 
ages mentioned of some of them, ii. 

, {or Pinccma), Almeric le (6th bn. 

ron), succeeded Willtmn le Boteler bis 
htbcr, 54 ; origin of Almeric's name, 
a.; witnesses a deed in 1226, 55; pays 
his relief; marries Alina, ii. ; dies in 
1233, Co : his children, 60, 61. 



iuhi 



Bewsey, 229. 

-, Edward (last luroii), enters on the 

levies a fine of his 



,, 497 ; settles 



n the 



carl of Leycester, 499 ; obtains a grant 
from lady Ann Bolder. 504 ; marries 
Mfli^ret Maisterwin, 509 ; makes a 
settlement on her, ii.; diess,p., 511; 
no uf?. /. m., 513 ; his character, H. 

, Henry f. Norman le, releases lands 

to Tliomas and Mabel Hall, 157. 

, Henry fill William le, dies before 

his father, William f. Almeric, 129; 
witnessed in 12S1 a carious agreement 
between GeoSrey de Dutlon and Alan 
de Rixlon, ii. ; he witnessed Hugh de 
Hindlcy's acquittance, 130 ; was a ver- 
derer at the forest assize in 1286 ; was 
knight of Ihe shire in 1297 ; married 
Isabella; died in 1297, ii.; the names 
of his children, 131. 

, sir John fitz William le (loth ba- 
ron), made prisoner at Roche Perion 
and afterwards rescued by ar Walter 
Manny, 176, iSo ; grants lands to Wil- 
liam son of Robert le Bakesler, 187 ; 
succeeds his father at 52 years of age, 
199 ; was not at the battle of Polctiers ; 
consents to the appointment of Swyn- 
legh to the rectory, ii.; releases lands 
in Warrington and Great Merton, 3O0 ; 
leases land to William Bakesler and 
wife, ii.; rebuilds the bridge, 200-201 ; 
elected knight of the shire, 201 ; goes 
to Gascony in the retinue of John of 
Gaant and is at Navarete, 202-3 ; ap- 
pointed sheriff of Lancashire ; is de- 
sired to meet the king with itrcliers. ii, ; 
grants land to Gilbert de Sotheworthe 
and Agnes his wife and their son, 303 ; 
witnesses several Culchetb deeds, 305 ; 
sails with the duke of Lancaster to raise 
the siege of Thouars, 304 ; the expedi- 



526 






tion &il9 ; rir John reed*! 
is made sherifl^ ti. ; ddivers 
305 ; seizes the manor of Prestwich as 
shoifE^ a.-; elected a knight of the shire 
in Richanl II. 's fir^t parliJimcnt, ao6 ; 
pays an aid towards making John of 
Gum's son a kniehC, 207 ; accompa- 
nies John of Gaunt, ii-i knight of Ihe 
shire in 1379, 20S ; particulars of his 
Other's iiuj.p. m., ib.\ makes a settle- 
ment on dame Alicia, Z09 % appointed 
conservator of the peace, 210 ; accom- 
panies Ferdinand, master of a military 
order, to Spain ; itgain accompanies the 
dokc al T ati mtiif thither, &.; sitsju a 
commissioner on the Scrope and Gros- 
vcnor trial, 211 ; ia elected knight of 
the shire, li.; ^pes with the expedition 
to Barbaiy and Is taken prisoner, Z12 ; 
purchases land from John Perusson, 21 J; 
founds the Boteler chantry in Warring- 
ton church, ib. ; its remains deserihetl, 
114 ; shows his n^ard for Ihe public 
health, 215 ; is commanJed to airest 
two knights, Mascy and Talbot, ib.; 
becom^ the king's debtor, 1161 is in 
parliament when the duke of Hereford 
appeals the duke of Norfolk, zi8 ; 
a habeas corpus issued against him 1 
witness to a L^h deed, ib. ; and a Bold 
deed, Z19 ; is summoned to meet Bo- 
lingbroke on his return, ih.; his death, 
chajacter and children, 219-24. 
Bolder, sirjohn fill William {izth baron), 
madeajustice of the peace, 217; vril- 
nessed some Rixton and L^h deeds ; 

elected knight of the shire, ib. ; suc- 
ceeds his lather at 13 ; marries Isabel 
daughter of sir William HaryngtDn,Z4S; 
takes up his freedom at Preston guild 
in 1415, Z491 his wardship granted, 255; 
round heir to his uncle ; marriage of tus 
sister Elimbeth ; dies ; his children 

, sir John Rtz John (13th baron), 

bom nib March 1429, married Mar- 
garet daughter of Peter Gerard, who had 
Sought his wardship, 263 ; has a grant 
from the king, 265 ; knight of Ihe shire 
in 1449, J67 ; his transactions with the 
cell al Lytham, ib,\ receives letters of 
fraternity, 268 ; marries his son John 
to Anne Sayvell, 170 ; contracts to 
marry several of bis other cliildrcn, 275 ; 
bis house filled with guests, 276 ; pur- 



chases lands, 277 ; usisti to rebaiU * 

Warrington bridge, ik. ; marries Isabella 
Dacre, 280 ; is divorced from her, 281 [ 
appears among the {otdga burgesses at 
Preston guild, 282 ; is al the baltle of 
Blore, 283 i marries Margaret Trout- 
beck, 285 i obtains letters of fraternity 
for himself and his new wife Margaret, 
283 ; is displaced from the senescbalship 
of the cell al Lythom, 289 ; dies at the 
age of 33, 294 ; the probable cause of 
his death su^ested, 296 ; an account 
of his house at Bewsey, ib. ; bis tomb 
described, 299 ; his children mentioned, 
300 ; his widow marries lord Grey, 301 ; 
his in^. /. in. , 302; the tradition laha 
murder, 303-11 ; the ballad, 312-23. 
13oteler, John de, his inscribed cBigy at S. 

, John, usher to Henry IV. and V., 



It of him 



, dame Isabella, her abduction by 

William Poole or Pulle. 259 ; her pe- 
titions for justice against him, 261 J her 
death and children, 261, 262. 

, Richard !c, brother of William t 

Atmeric, dies in 12S1, 91. 

, Richard le, nephew of William t 

Almeric, founder of the house of Mer- 
ton, follows the fortunes of Thomas of 
Lancaster, forfdti bis estates and dies, 
91- 

, Richard !c, of Merton, obeys the 

summons of the earl of Lancaster and 
loset both life and fortune, 145. 

, at Thomas, the first (rjth baron), 

succeeds his brother, 333 ; probably 
educated in the house of Margaret of 
Richmond. 334 ; probably serred under 
lord Stanley in 1474, 335 ; his wife 
Margaret mentionnl, 337 ; settles his 
estates and sues bis livery, 33S ; pro- 
bably marched in the host to ScotUnd 

coronation of Edward V,, 339 ; did not 
attend Richard IIL's coronation, 341 ; 
acquires the wardship and marriage of 
Richard Bolde and marries him lo his 
daughter Mai^ret, 342 ; obtains a re- 
conveyance of his estates from his trus- 
tees, 343 i conveys estates to trustees to 
perform his will, 344 ; made justice of 
the peace, 34G; goes to Bosworth field. 



347; il 't Sldfcfield, 349 ; again made 

{' i&tice ol peace ; receives homage from 
a lenaDl!^, ii. ; Iiis dispiite with the 
Lt^hs renewed, 352 ; makesanewwill, 
355; adds to his house, 359; receives 
homage from bis lenanls, 360 ; mnde 
foresterof Siroonswoodand other parka, 
361 ; receives other homages in state, 
361,3611 hisarbilration with llie Leghs 
and marriage of his son with Cecilc 
L^h, 374 1 issues his warninl as a ma- 

S'ilrate, 375; claims the wardship of 
amon Bruche's heir, 377 ; makes a 
codicil to his wilt, 378 ; obtains letters 
of Erateniily for himself and his wife, li, ; 
appoinled to coUect the subsidjr, 379, 
3S2 ; sues out a geaeral pardun, ii. ; is 
sued for a trespass by the prior of Ly- 
Ibnin, 3S01 attends the sessions at Lan- 
caster, 3S1 1 a sued by the king for tOOO 
marcs, iS.; is a peacemaker between 
two ncigbiiours, 382 ; likes part in the 
battle of Fioddeu, 383 ; claims and ob- 
tains the blundell and Culchetb waril- 
ships, 389 ; labours under an attack of 
sickncis and is visited by sir I'iers Lcgh, 
a. ; rewards an old servant, 39a ; pur- 
chuei lands, 391 ; makes a settlement 
ofhiseslalei is appointed to collect the 
mbndy, if, ; has a suit with the earl of 
I3tAj, 391; receives Henry de Kigh- 
ley's homage, 396 ; his education under 
Margaret of Richmond, 397 ; educated 
at Lathom and Knowsley, 399 ; amuse- 
ment of the shovel board at Bewsey, 
400 ; wardship of Richard Rislcy, 401; 
aids in builduig Lymm steeple, 403 ; 
makes a new will and leaves money to 
found the Warrington free grammar 
school, 406; his children, 414-16) his 
fuaenil,443; his in?. /. n., 416 1 the 
public acts of his family enumerated, 
417-31. 

Bolder, sir Thomas, second ( 16th baron), 
lucceeds to the estates, 411 1 bis mar- 
liage dissolved, ii,; prolxibly at Flod' 
den, 423 ; at the eock-Gsht at Win- 
wick, ii.; succeeds to the bmily estates 
on bis father's death, 437 ; contracts to 
manry his son, 428 ; appointed the park 
keeper of Halton and other places, and 
made rw:eiver for the king, 429 ; the 
mode of securing his debt to the king, 
435 ; carries into efTccI his father's in- 
leiilion to found the grammar school at 

■ Warrington, 439 ; lakes a lease of the 




^- 527 

rectory from Wincfield, 440 1 has a 
quarrel with Ralph Ilealon, 441 ; is 
sued by sir Edward Aston, it. ; sub- 
mits his dispute with tlie Bruches to 
arbitration, 443 ; sells Exul, 446 ; 
convey* lands to »ir William Plunilre 
lo pay (he king too/, per annum, 
443 ; enters his pedigree at the he- 
rald's visilalion, 445 ; is knighted ; is 
made shciiff of Lancashire, ii,; as 
sheriff of Lancashire ordered 10 see the 

Eope's name erased from all service 
ooks, 447 -, is present at the surrender 
of Fumess abbey, ii.; leases the advow- 
son of Warrington to William Bruche 
for 60 years, 4^ ; leases the manor of 
Laton to Henry Kirkby, ii.; is sued bv 
rector Keble, 449 ; has a dispute with 
the Oraches, ii. ; is sued by Peter Lcgh 
for not rendering a " God's " penny, 
450 ; the king engages to reconvey lo 
him his estates; pays the debt, 452; 
marries his son to Eleanor Huddle- 
iilon, 454 1 levies a tine tn Ihe king of 
lands in Builonwood and Great San- 
key, 455 ; some of his neighbours at the 
plunder of Edinbui^h, 456; sells lands 
to Eli»beth Statham ; his quarrel with 
Thomas Mnlyneux, ii. ; receives a grant 
of lands in Burtonwood and Great San- 
key, 459 ; takes an assignment of the 
lease of the pArsonage, 460 ; his fran- 
chise interrupted by sir Robert Mough- 
Ion, 461 ; his son tiles a bill against 
him, 463; his illegitimate children, 463; 



dreo, 469. 

Boteler,sirThomas,third{l7[h baron), suc- 
ceeds his lather, 46S; marries Eleonora 
Iluddleston ; makes a lease of Sankey 
mills, ii,; John Butler's charge against 
him. 469 ; is returned as M. P. for Lan- 
cashire, 470; marches with lord Derby 
and io,ooo men to ihe north, ii. ; sued 
by Richard Peoketh for slandering his 
title, 471 ; has a legacy of a riall under 
Dorothy Booth's will, ii.; In command 
of a body of soldiers, 472 ; makes a 
settlement on his son's expected mar- 
riage, 474 ; distressed with his son, 495. 

, Thomas, of Einl, cited for heresy, 

345- 

, WQIiam, or Pincema (5th baron), 

succeeds as fifth baron of Warrington 
about 1176, 39 ; in ward lo Rodulf f. 



r-/l 



Xu.um. 9 




13 tfc iins;^ s 

■S- -It "Til- JL-rjm r^ 

caac*-; r«- nc i^aij iz 2ss£ -w-m xinis& 

ima- f r ire tx^ x Jjxms-mi— n ^iz^ 
r iK-ir-ss- A^ Oi Jim 

ar.i .^' It r n^asr-i. t: iCisni "Hc 
i.:*;^ a:u Tj-rvir ttkt tat ivca: ana- is 

)aT.ift>^ It :;r..> . thhc ijt x 1l:sii:* i: 
a^rrc It * rj«r- 111 TJiit iur nar-rs 

iiu nfi«mit XL 1' "^sxx-r 111 ^ ps^i 
lliriain Tg- ai. ' s inr sdc wr i:* i*, t\ . 






. j: 















cirx .-c 



..■%. .»-»?• j^. 



?V.\^« *Xv .» ,. . . ..^^. .^»> —— ■• 

« fc.« ^ ■ ^^ * • ^ ^ . .^ > X - «« ^ ^^ -^ ** *» "k - • *^ — 



^jvc ' Mji of tbe hoDocr 

\ .t lui^i <imis» lie fpsc 3c Hc^ x.\; 

htdtt zf £.Tssasx3i. So : ^rxacs li^ to 
11* iaoL af I ^rnc* t? Hagi ie Hiad- 



ttssz n^IuiiJuiK r=ru3L x^^hisfa Lrtham 
lai. ^rTif iie^l , ^. ; re&c:;zires from 

if '^ iL -t% i.iL , S5 ; voD^^es HeETT de 
Ids i- jcsiunc >5: viiaesses a Chesier 
Ji m ngr ir lskc «". : <i*TVTifi, frocn peixtce 
y . .!iiinnf SL ac^' iiTii fcoe oi 105 mircs 
•XL Tsrt X aoo luccs. t^ padiase mo- 
3K7 It ilirnrvzocL ^7 ; cdh^tss Tho- 
3IXU 5t£ Sr 'imia xni ks vise's gniA of 
r&e Siws: rracs #[v. a year to the 
xaciev' aE C-sc^jcE^xsi, jr. ; vitaesses a 
?sei»e ^ I3»s sx2zte al^oey, S$; a dis- 
-psmt Ser»«a ion. «ai WiLIam de Bolde, 
ar. ; 31 ir77 cccnns lie ^iag^$ charter 
3:r X. vQskjT itii^rfT ami a vearij £ur of 
earoc 2rr» ac W grt^aca. ioi grants to 
iLrciert 1 WZhxn de Bo&d a right of 
^ u i miu jt 3t Kctf^i vTEKd, 91 ; Robert de 
>TT.Tr m xz»i b? ssril-t a !:-n^ standing 
iiv ?w*_ f^ : i^~~r>:^s<'i :> injLrch 
ijpirsjc 'ii* '•Vtlici re-Se-ls in liSi. ».'.; 
Li il:t:':_i:: :if ':_i- r^ij, 93: in 12550b- 
u^.ii- i ^^.insr ?:c iszti'JitT -Hrerkly rr.arket 
JLTH iJi«:i:i>;r yiirlj iiir of e:c:bt days 

T.i:^ if ; ;:T^ji:^i :- 12.S5 lin : ia l>e- 
Te<.r.rtvi»:!ji :: Kxrh-Lri Eccles. and 
c:i:-f~rjri IlziI? ::• C>:*iersind a*'bey, 
ci: . jTi-r^ti- a "r«-rc:ic^ 1:1 Wjurinjt'.'ii !«■» 
Wr..:_;T TBV.i. in tx^rr.: ;:oo from toll, 
-•: w.:r.*s5e> lie ^jsj:: of a market to 
•: L-->::..c^ r^rnr ; susisioned to a mi- 
l.'.iTT r'-Tc". i! Glcu cesser. /A; sum- 
rr. :-fi :: ^Cr:"!*" ':::> r^h:> by a cV/,» 7i\7r- 
'-r.v .?. ir-::*, yS : makers default in 
27T«e'ihr.^ :c E:i<::ce Ca:esbeThe"> 5iim- 
r: rj;. ici ; ii scmrrionevi by Radulf de 
\Ver>^. :- ari A.icia his wife, /.*. ; 
i^eo- >»::h Th:. ic Sbotteswonh aS.»at 
h'^ >-;: of ccur. 102 ; makes a great 
chaner :o b:> Warrir-i^tv^n tenants, i.\ ft 
.Ty. : :> >ued by Roben de Sanke}- and 
has iud^ment given again:>t him, 114; 
is sumn^oned to meet the king in parli- 



ameot, ttul afterwards to cross Ihe seas 
with him. 114; makes itn appointment 
with Kictmrd Ue Culcheth who was about 
to criKs the sens, 115: in 1196 witnesses 
several impurlant deeds, 117 ; is again 
siimmon«! to parliament in 1297, it,; 
yiltntsvs several charters in 1297, iiS; 
in 1198 he witnesses on agreemenl be- 
tween Hcniy de Lee and WUIiain f. 
Heniy de CtiDon, 119; inii993gaia 
summoned as a peer of parliament, ii. ; 
found to hold lands under Edmund the 
king's brother in 1297, 118; is sum- 
moned to Newcastle to pcrfurm military 
tterrice, ii. ; some oE hia acts enume- 
rated, 126; his effigy mentioned, 116-27; 
his thddrcn, 127-28 ; grants an impor- 
lant charter as to service at his court to 
Thomas de Holcroftc and Johanna his 
wile in 13CO, 121; and Ihe same I0 Cil- 
bcn de Culcbetb, ii. ; attends the si^e 
of Caerlaverock, 133 ; summoned to 
appear with horse and arms al Benvick 
in tyat: grants land in Warrington (o 
William f. Henrv de Huddleston in 
1302, it.; marricJ Dionysia daughter of 
Henry de Loslock, and alter her death 
be gave the abbey of Cockersaud 20 
acres of land to piay for her sout, 1 24 ; 
lie died in 1303, H. 
Bolder, sir William tiu Heniy (Sth baron), 
succeeds sir Wiiliam his grandfather in 
•30*. "33; ""^ '<" 'lie expedilion to 
Scotland in 1305, 134; grants land to 
Kobcrt Tayt and Amicia his wife in 
1307, ii. ; leases land to Richard laic 
servant of William Parker, 13^ : ac- 
quires land from Gilbert Kguann and 
olber^ t j6 ; in 1309 commanded to 
hasten to York to asust the Scottish 
marchers ; is found to hold lanrls under 
(lie earl of Lincoln, ii.; in 1310 obtains 
a grant of lolls for five yean towards 
matnlainiiig W'arringlon and Sankey 
bridges, and a list of tbe articles lolled 
U given, ii. il seq. ; grants land lo his 
cook and his carver in 1313, 141 ; par- 
doned for his share in the rising against 
Gavcston , 14Z; grants land in Burton- 
wood lo Ralph le Cartwrigbl and Alice 
his wife for thor lives, 143 ; obtains a 
paring charier in 1321, 144; he and 
Sitnlla his wife levy a line in 1 320, ii. ; 
summoned to meet (he king with horses 
and arms al Newcaslle-on-Tyne, 15- 
again summoned to meet the king 



X. 529 

York, i^z; giants land lo John le Par- 
ker and Joan his wife ; grants land to 
Henry and Alyne del Forrest ; leases 
Richard le Bolelcr's estates to Cecilia, 
Richard's mother, during his minority, 
fit. ; grants land to Adam Dun, 153; is 
named lirsl in Ihe sherilTs relntn of 
Lancashire knighls, ib. ; leases lands to 
various persons, 154 ; he and Sibilla his 
wife reserve Emma Ward's purparty of 
lands, ii. ; he is found to have held 
lands under Thomas of Lancaster, 155; 
not summoned wiih the other Lanca- 
shire knights to march with the king of 
Scothind, 156; grants rarious leases; 
receives Gilbcri de Southworth's release 



ii. 



Bolder, sir WiUinm fiu William (glh ba- 
ron), bom aboul 1309, succeeds on his 
father's death, 161 ; mentioned in the 
settlements in IJlS ; in I339 he ^ves 
land to Malhew de Soulhworth ; joins 
his mother Sibilla in a grani, ii.\ de- 
mises land to Robert and Richard Gian- 
gos, 163 ; releases land lo Gilbert de 
Haydok ; the priory of Thurgallon ap- 

[leais among his tenants, 161 ; demises 
and to Adam dc Soulhworth, 161-63; 
marries Eliiabelh de Argenteyn, 163 ; 
oblaina a release of right of common 
from William Muskull and Amota his 
wife, 164; makes with his wife Eli- 
tabclh a sclUcment of his estate, 164- 
165 ; gives land to the hermit friais, 167 ; 
obtains a release from Adam del Twisse, 
16S; confirms a grant of his mother 
Sibllla; rdeases lands lo Gilbert and 
Richard de Haydok ; is summoned to 
meet the king at Newcastle, lA. ; is com- 
manded lo elect a himdted hobblers, 
169 ; uses a signet with a ungle cup to 
authenticate his deeds, ii. : commanded 
lo be at Newcastle to march against 
the Scats, 170; grants lands lo Cocker- 
Sand abbey; commanded lo raise 1500 
archers and march with Ihem 10 Scot- 
land, ii. ; grants lands to Gilbert de 
Haydok and conhnns a grant made by 
his mother, 171; obtains another paving 
charter from the crown ; marries his son 
Richard at an early age to Joanna de 
Dutton ; makes a new settlement by 
fine, ib.\ rdeases land lo Hcmy and 
William de Haydock for their lives, 172; 
makes a lease to KicharJ de Kiilon and 
his son, ib. ; serves in the Scottish wars. 





I7ji i;'*"'* '■Q^ to Henry del Forral, 
ISO; nuksi a ulllemenl, iSi; holds 
Ixntls millet Henry earl of Lancnsier, 
('*. 1 p«nl» Iriod* lo his son Nonnftn, 
i8]| tilt on nn oislie commlBsion, iSj; 
rclcun tu John de Haydnk aod Jonn 
Ilia vrlfr, 1S4; gtanU lands 10 John de 
Wynwkk 1 liu a licence lo choose his 
eonre«ior, ib. : Tound lo bold laods un- 
der Henry duke at lAncasler, 185; re- 
!«■« Innits lo John and Joan de Hny- 
(luk, and deliven tlie release to William 
de Motion at bailee, 188; obtains a 
licence lo have an oralory in his house, 
1891 conlirrai BlanGhe meadow lo the 
frian, tt. ; diei. 19J j his character, 
193-98- 
Doleler, sir William litl John ( 1 ith Uron), 
succeed* hl> father, 116; alleads Henry 
IV. '■ GoronUlon ; la made a knighl of 
the Dniht the banquet referred 10, H.; 
maitiet Eliubcth Slandish, 117; elected 
a knljiht o( the ihlre, ai8 ; grants a 
Hiihery In Sinkey brook to the parson of 
Wlnwlck, IK i takes the property of 
'I'ltomai Ilolieibury who hod fled, 319; 
receives a commlMlon to arresi Kc^er 
Daltuiii BCU asa juillce of the peace, 
t#. 1 marries hit son to Jubdla HarynB- 
ton and sotlln eslatei on them, 130; 
solU lands nt Nuneaton, lAi Indentures 
with Ihc klna for a voyn(,*e to Kmnce, 
131 1 the Indentures described, %yi\ con- 
Iratls with the sherilT lo lind 50 archers, 
ib. ; with hit Ricn-at arms and archers, 
who are all named, joins the king in 
August 1415, ijj; sets soil for Trance, 
134} lo<ik |Uii 1 ill the cii|iliirc o( Ihe bul- 
waikortliilk-ur, IJ7 ; diehitl llorlleur, 
a391 hi-clF.t:y III Ihe piiory church, 341 ; 
an attuiinl of the axim jwild lo his exe- 
cnlon arid' the battle of A|>incoun, 145; 
hit widow's dower assigned, il. ; their 
children, 147; settles estates in Essex, 
Willihira and Dedfordshira on his son. 

Sill neparstcs froni his wife of the 
}|[hton family, 150. 
, sir William fits John (i4lh ba- 
ron), succeeds his father, 3141 marries 
Johanna Troutbeck. 332 ; probably 
marches to Tewksbury and there falls, 
3'9- 
Dotes In another manor, Instances of, 51, 

5*- 

Itritany, 1 lie war in, 175. 

llrooke, Jane, declares that she will noi 



marry Edward Botdet and obuias a 

decree of divorce, 49J. 
Buckingham, duke ot, revolts against king 

Richard 111., 34I. 
Bumhill family, short notice of; 72. 
Bartonwood preserved from b^ng dis- 

nifortsted by William Ferrais, 51. 

CA LK had some connection wilh War- 
rington, 34-35. 
Calveley, sir Hugh, taken prisoner by 
Klatse du Marais at Pays du Cam, 336. 
Caux, Pays de, the king lands Ihere, 136; 
not unknown in English annals beCne^ 
ib. ; formerly ibe head of ihc Caletes, 
.'3S- 



plundering them, 90. 
Champion and his reward menlioaed, 42. 
Christian name of ladies, arbitrary use of. 

Coals used by the Greeks, accordii^ li 

Thephraslus, 141. 
Cock-fighls mentioned, 413-J6; Ibecock- 

pit at Whitehall, why so called, 4*6. 
Colewiche, George, mention of, 4*9. 
Concealed lands gmnted to Walter Spend- 
low, 510. 
Consanguinity — mode of computii^ the 

degrees in England, 187, 
Constable, the great change in the office 

of, 94. 
Costume of the lime alluded to, 477. 
Court roll of Warrington, a copy of tbi^ 

4*9- 33' 
Crofle, sir James, an account of, ;o5; 

obtains a grant of concealed lands, 506. 
" • - .... Warrington is 






1,86. 



D ALTON, Norroy king-at-amts, bix 
gmnt of arms lo the Bewsey Bote' 

lers, 148. 
Defendebo, a word used in sir John Bote- 

ler's charter, 264. 
Delves, sir John, and his sou die at 

Tewksbury, 328. 
Derby, second eait of, short accout 

him, 39S. 
, the carl of, informs the earl of 

Shrewsbury that he has 5000 men reodjr 

to support him, 472. 
Dispute as lo the scillemcni made on the 

marriage of Richard le Bolder with Jo- 
anna de Duiton, 109. 



EDMUND, am of Henry in., le- 
loKS to WiOua t Alneric le Bo- 
lder lUi^adcj ia Bmrioamai, foi- 
maij hdoBgiag to TvWlfe ihbcf, 91. 

Edmd Ibe ddei l«]t YbelT^I. 5. 

Edwud I. praads Ednid oC Camarvon 
l« llie Wd^ pnac^ p. xii ; died at 
Bat^ le Suds on the Tlh July 1307, 
in i hk deilb not poMidj known for 
noajdcn, iA, 

Edwsrd IL visiti LiTcipool ; issats a 
leuer lo John Bousscr and others to 
«)H »r e» lonie pretended miracles ; sails 
m tlie Ittxsey to Ince and Hallon, and 
ueogoeslo Vale Rojral, 153; his mur- 
dei meoiiDned, 155. 

Edwaid IIL tuvii^ died a parliament is 
called bT bis uicceswr, nab. 

Elvin rcceire* land in TfaomCoD, 1 1. 

FARLVGTON. used by mistake for 
Wairington in DugdaU, 1. 

Fenan, earl William, succeeded by his 
son of the same name, who |>rocures a 
eiaat of free urattCD in Buttonwood. 72; 
a overtamed from his chariot and dies, 
73- 

, earl Robert, succeeds his falher in 

1154; comes of age in 1259, 73-, grants 
William le Boleter the site of liewsey 
hall, and grants him certain homages, 
aS. 

, nianics the king's niece, daughter 

of the duke of Angouleme and Marche, 
84; his wardship bestowed on prince 
Edward, who sold it to <]ucen Alianor, 
a. ; makes his pence with tlie king in 
1365, S5 ; cehels again and is dei>rived 
of his luids, ii. 

Feudal system fiiting, 363. 

First fruits and tenths explained, 450-51. 

Flodden, battle of, 3S6. . 

France, the king uf, threatens to blot out 
■he Fngiisli language; a parliament, lo 
which the lord of Warrington was sum- 
moned as a peer, was called in 1295, 
116. 



GEFFESON. Roben, the benr-wanl, 
197. 
Uemons. carl Randte, pnsii'd hli hfe In 



H 



ALSALL, the two 11^^,/, m. iiicou- 
eur, tlie approach descrilied, 3J5 ; 



r John 



army; names of xdt ]><i 

i^. ; the town »irreiiiUrc<l, 141, 

Harynglon, EliMbclli, iiifttrles k 
Stanley of Lalhoiii, 249, 

, sir James, look IloujfliiK prlimiier ■! 

Shrewsbury; hud a pensiun for It, aj3i 
his name on hit indenture bufore Agin- 
court written on an erasure, ii. t Ilia 
bowmen debited with Hiorei, 2t'j | ac- 
count of his contingent alter Agliicourt, 

, sir William, some account of blm, 

248. 

, sir Thomas de, lervei at Croloy and 

other parts of France, 363, 

Ilayam, altered into mancrliim, 73, 

Ilnydok, Gilbert de, sciilet wlili William 
r. Henry le Boteler hi) illnputo alraul 
the commons in Uunonwooil, 157. 

, leaves money towards making War- 
rington church, 186. 

, John de, prefeni a complaint >)[alnil 

monsieur John lo Bolder to the duke of 
Lancaster, 30 1. 

Helgod, Robert liti, and Beatrix lila wife, 

Henry III. conlirmi (he grant of War- 
rington lo 'lliurgallon, |rj. 

Henry V. wni the fini Engluh monarch 
to create a navy of >hip« of war after 
taking a number of Cerioose carrackn, 
234: tniUto France onboard Ihe Trl- 
niiyi 235 i ■■nJ" on the IJih August, 
ii.; nurses bishop Courtney, 23B; re- 
pairs Si. Martin's church at Harfleur, 
242; hlilhankspving on the surrender 
of Ilorileur, ii.; leaves IJarHcur and 
marches forward, 143 j prepares for the 
battle of Agincourt, /*,; gams the great 



iry there, 444. 

, VlL and his queen visit the earl ■ 

I>t't>y, 3531 vcies his lubjecti with p 



Henry VlL and his queen 
V. 353i vc 

■raiilPi, 357. 



S3> ■'«< 

HmJenioii, William, ordained a priest 
on sir J(^n Boteln'i title, zSy. 

Hennit {ia.H, their Sni settlement a.t 
Warrington eirca 1259, 73. 

Utriy, Davy, his letter written lit War- 
rington, 35CI 

Holme, Rnndie, his account of the Botelcr 
arms in church in 1640, 150. 

tludd lesions, ftn occouQt of the family, 
4S3-S3- I 

INHERTTANCES, psnible at the ' 
Conquest and for a century after- 

JOHN, king, made hia first essay in 
arms in 1177; his progress in 1106 ' 
and 1J08; obtains rolls from the sheriffs 
of the different counties of the holdings 
of the bnighls and other^ 47. 

KEBLE, Edvard, the rector, his two I 
Iran&aclions with his palrun about 
the living, 449-531 put out of the rec- 
tory on ibe change of religioQ under 
Mary, 471. 

Keckwicli, William de, chaplain, releases 
land to John and Joan (l« llaydok; cu- 
rious charter made at Keckwick by 
Hugh fitJE Odard, 190; relenscs land to 
John and Joan de Haydock, ii. 

Kellermergh, Richard, ordained priest on 
sir John Boteler's title, 3S7. 

Klghley, sir Kichard de, account of bis 
contingent and his death in the battle of 



dalioD of Pulton, 2S. 

LANCASHIRE, in the census said to 
contain no town worthy of pirlicu- 
Inr notice, ao6; a reason sugEeslcd for 



n the tonus in, 264. 

Lancaster, Henry carl of, dies, lEl, 

, Thomas earl of. summons his ad- 
herents, and amongst them William le 
Boleter, to Doncaster, but tbey are for- 
bidden by the king to attend, 145 ; the 
earl taken at Boroughbrldge and shortly 
afterwords beheaded at Pontcfiact, ii. ; 
his int/. p. 'H., 146. 

l^nd, a rise in the rent of, 153. 

Laton, sold by sir Thomas Boteler {2Dd), 
454- 

Law suits, thdi great length, p. xxii. 



Leases improving on fines ref^icd lo in 
If amid, l6z. 

Leycester, the carl of, giants an ajinuily 
lo Eliiabeth Boteler, 502 ; settled the 
Boteler estates, 508; returns lo Kng- 

Liverpool, a great conflict there between 
Ratcliff und TralTord, 173; bull-bail 
therein 1782, p. «iii. 

I-ostock, Henry de, and Johomu bis wife, 
assignees of Robert de t'errars' release 
lo William le Boteler, the arrean owing 
for Burtonwode, Si. 

Lound, a name for Liml in Sefton, 17, 19. 

Lucca raerchnntii. an account of, 434. 

Lucy, sir William, a ward of sir John Bo- 
teler's, mentioned, 354. 

Luntin Sefton given to Thnrgallon, 17, 



Lytham priory blon" 
3J7- 



dowi 



i rebuilt, 



M* 



AMCE3TRE, Roger, Hugh, 
lienry, John and Geoffrey de, 
meniioned ; Geoffrey a trustee settle* 
the Boteler estates, 158. 
Margaret, queen of Henry VI., men- 
tioned, p. XV. 
Minera tarbuHum at Bumbill in Asbton 
mentioned 161 ; a deed witnessed by Ro- 
bert Don of Warrington, clericus, ib. 
Monasteries, the downfall of the larger 
' lufes approaching, 446. 
•''"-' Simon de, takes * 
"64, 75 i ori^ina 
ons ; slain at Lveshnm in 1265; 
called a saint, and his praises sung and 
his arms placed in the friary after his 
death, ib. 
Morleys, Robert de, his suit of arms, p. 



NONARUM inquisitions ordered by 
parliament, 173. 
Norroy, the herald Iting at arms, visits 
Bewiey and grants the family arms, 
471 ; another herald visits Benrsey, 477. 
Northumberland's rebellion, 478. 

OLDHAM, Hugh, bishop of Eielcr, 
some account of him, 398. 
Urrell, I'iers, original letter about slrWil- 




PARDON, many letters of, obtained 
in the time of Edward IV. and 
Richard 111.. 336. 

Pailiament, the vindictive, sat, JI2, 

Pincemii, the liuiiily so called from being 
bulleis Id the eorla of Chewier, 32. 

— — -, Kicbard, noticed in the Dumisdny 
Survry, 14; styled " Pincematins, " 25; 
bad two sons, Robert and Richard, ib. 

— — , Richard, his seal descriiied, 34; 
had lands in Ribslon, 35 ; was in arnis 
for the king in 117b; excused eight 
niarcs for the army in Wales, 36. 

, Kichard liti Robert, of Engclby, in 

right of his wife Beatrix fourth baron of 
Wanington, 31 ; itinerates with his mas- 
ter, ib.\ is a benefactor to Calk abtiey, 
34; gave Mattiew de Walelun land in 
E^irganii, part of the Boteler fee, 35 [ 
his children, 37. 

, Robert, son of Richard, succeeded 

his father, became butler to the earl, 
and married Ivctta, daughter of Wil- 
liam Helgod, 15 ; has no estate with 
her; witnesses a charter of (he earl of 
Devonshire, 16; aided theeati his was- 
ter, 27 ; founded Pulton, afterwards 
Dieu la cressc abbey; was a bencfaclor 
of Stoke near Clare, it. ; Robert's death 
and the names of \as children, 19. 

, Robert de Engelby, succeeds his 

father, and gives a garden in Chester to 
Putlon, 31. 

Pmwortham Priory, extract from a work 
of that name, 3. 

Fliuntre, ^r WiUiam, notice of, 409, noU. 

Poietiers, battle of, mentioned, 1S3. 

Pbicton, Roger of, lirst gmntee from the 
Conqueror, 5 ; forfeits his possessions 
!□ 1(^7, but has them restored, 9; agaio 
forfeits his lands in 1 103, to; obtained 
his name from bis wife, 1 3. 

Pole, Handle, notice of, 410, nelf. 

Poole (or PuUe), William, carries off dame 
Isabella Boteter, 359 ; her petitions for 
justice against hitn, ib. 

Preston, the borough of, fined in the reign 
of Henry IL, 72. 

Priests — mention made of married priests 
after pope Hildebrand's order, 142. 

Primogeniture, established in king John's 
reign, 11. 

Pynyngton, William dc, releases to his 
lord William f. Almcric lands in Pyn- 
yngton, 115. 




^' 535 

RECREATIONS of the gentry in the 
time of William le Boteler, 51. 
Rt^naldus received lands from Paganus 

de Vilars, 11. 
Religion, order for establishing it and 

destroying vestments, &c., 47; a report 

on, 477. 
Religious ministrations to the army In 

Fiance, Z39. 
RiiLton, Mnwkin de, an admiral, mode 

seneschal of Norton, 2C4; gmnla lands 

to sir John Bolder, 205. 
Romilly feudatories, when they were en- 
feoffed, 12. 
Rose noble, first coined and the occasion 

of it, 174. 

SAN'CHI, Gerald de, had lands in 
Sankey, tt. 
Saville, Anoe, a short account of some of 

her ancestors, 274; after John Boteler's 

death marries sir Roger Ilopton, 275. 
ScutageSjfirst levied by Henry II. in 1158, 

43. 
Seflon, Richard, ordained priest, 366. 
Silche, the fool at Bcwsey, xxiv. 
Simners (Lambert) insurrection, 34S. 
Smyih, William, bishop of Lichtield, 

some account o(, 39S. 
Sneyde, Richard, notice of, 409, null. 
Stalnesby, Roger de, received lands in 

Slandish, Miles, the [nigrim father, alluded 



John, knighted at Flodden, 3S8. 
Slanton, Robert de, releases to William f. 
Henry le Boteler services In Crophill, 



Surgeons to the army in France, 339, 
Swynlegh, John de, resigns the rectory of 
Warrington, 185. 

TAILLIOR, Nicholas, rector of War- 
rington, dies, 471. 
-, Richard, delivers deeds to sir Tho- 
mas Boteler (3rd), 471. 
Taleim, Williain, paid a line for foolish 
talkinii 50, 




534 /«- 

i". 
Tur jMn'how-lilll, jl» nunc. I. 
TnlTuxl, llic oikta of, ioclndcd in Ibe 

lltjtaUr puawHlont, JO?. 
Trmiltwi'li tHMMMioiu in Cheihire, Shrop- 

uhlrl «iul K«nrnrdib<rc, 2931 thcur- 

*iw« rlij« for llinn, 194. 
^— loml" It Cli«*l«T (le«rib«d, 167. 
-^. air William, Kt Dm worth, 147 ; pe- 

lllion* with lUCccM to luve nil Mate 

rworni, uS, 
'I'ruil - - all lanila In England formerly put 

In the name> of Iruuco to prevent Mr- 

f«llur«. and for other reaunt, 179. 
Trlfr'ilWallinaurrecllon meniioncd,209 ; 

Ihc I^nciiihlccfuRjei march toiuupreu 

It, /*. 



u 



HAflKailoni 

clil II 



■, as- 



!• very arbitrary ii 



YAitiltiQJAK, an tarty Noimanpeo- 
plB,». 
r«, uraiid ma>l«r of llie knlicht* of 
kliixln, iluirt nnilGo nf, 6, 
', AHani ilr, fiFlli Kiii of Pauanut, re- 
lo uf Iaiu] fruin III) father, 



7m: 



16. 



; Almandartle, inn of WllUam, mnr- 
rim (.'lucly, dau|[hlcr of William Seli, 
15 1 hit arnia mentioned, li. 

, llialrix (1«, wife of Hcli[0<1, third 

ir of the barony of Warrington, 



, Kmma da, aiilh child of Pagonui 

da Vllan, inairlm Wllltam Garnet ; re- 
i^alrat a carucalc of land In WIndle 
and a tarucata In llalull from her fa- 
lliir, 

I of William, 16. 
I, lecund harun of W; 
rlnirinn, itranin a carucate In CrophlU 
ti) T'iakelloii, lS. 

, Malhaw de, eldont ion of I'Rganus, 



lUir, 17. 

, Ji.hii de, »on c 

^—, Malhaw da, ■< 



mliy, 51 received Warringlon from Ko- 
K Of I'olctou, a. I witncucK a grant In 




^ra Ac titba of W « fcre A a 



Vilan, RK^afl de. tke Mnert 
ion. 17. 19. 




W^ 



Wdliam de, thiRl ■ 
receivea land from hi* blbei, | 
poicd to hate tnanird ■ GaiM 
Belli land to TbDi^aUm, and^ 
Newsham to the Templin, 19. 
Villeiiu, anaccouDl of wnuc dealii^ vUh, 
in Almeric le Botder"* time, 59. 

ACER of battle, notice of one at 
. . Wininglon, 71. 
Walinlune, used in Ihc DumaA^ Smrtty 
for Warrio^on, and extract from, ^ 

Waitielon in Notihumberland, and ibe 

same name in Flander^ 3. 
Warren, carl, pais his hud upon bU 
iword u showing hii title to bis lands, 

89. 

Warrington, derivation of Ibe name, I ; 
its value reduced by the Conquest, 5 ; 
its population at the Couqaesi, 9 ; the 
castle of Paganus Vilars ihere, iK 

, assessment upon, in 1448, aS4- 

resque, 379. 
, the rendezvous of troops in 1405, 

3a8; visited by the prioee of Wales, 

"Prince Hal." i4. 

, the moal hill, notice of, 67, 

, price paid for a house there in 1261, 



74. 



-, the I. 



, first notice of the bridge in 1305, 

133- 
, fmginents of its old churdi men* 

tioned, 53- 
, its papulation in Almeric le Bote- 




Index. 



535 



Warrington bridge, indulgence obtained 

for rebuilding, 336. 
bridge and tolls, an account of their 

history, 363 et seq, 
— , the inquisitio nonarum there, 173. 
-^— in Buckinghamshire, and a place of 

the same name in America, 4. 
Werburton, sir Geoffrey de, pays the pro- 
ceeds of lands in Dunham and Trafford 

to Janyn Husee, 182. 
, Geoffrey, releases lands to sir John 

le Boteler, 210. 
Werington, an early mention of, 51. 
, Henry f. R. f. Henry de, releases 

land to the friars of Warrington, 169. 



West Derbyshire forest mentioned, 51. 
seized into the king's hands and the 

bailiffs fined, 72. 
Whalley, the abbot of, hanged, 408, note, 
Whitelawe, Robert, ordained priest, 266. 
Winchester, statute of, passed in 1181 to 

make all persons bear arms to defend 

the country, 39. 
Wine and beer, the prices of, fixed by act 

of parliament, 445. 
Witnessman, the term explained, 123. 
Wrington, a mistake for Warrington, 4. 

ZERUIAH'S sons called after her and 
not after their father, 25. 



PiinleU by Lhariea Snnui* and Co , M«(ii^lie.>tcr 




Cl)c Ctotntp-ntntl) Report 



COUNCIL OF THE CHETHAM SOCIETY, 

Read at the Annual Meeting, held, by permUtion of the Feoff 
in the Audit Room of Cketham'e Boepilal, on Thursday, 
the 'ilst of March, IH72, by adjournment from 
the UtofMareh. 




B intcrroptio: 



THE Council have to regret that, owing tc 
curastances over which tlicy have had no control, some delay hi 
ariMU ID bringing out in regular scries the publications of the Society ; 
but as all the works now due and those for the year 1S72-3 are tn rapid 
progress of completion, it is confidently expected that the voiumcB in arrear 
will be speedily issued, and that in future there will be no just ground of 
complaint as regards the regularity of the delivery of the works to come, 

III one respect the delay bos been attended with benefit, as it has 
enabled the Council to obtain two important additions to vol. 83, being 
the third volume for the year 1870-71, and which comprises the Venablet 
Papers, contributed by the late Lss P. Townshbnd, Esq , and Lady Bridyet 
Bgerton'i Confession, supplied by Sir Philip dh MitPis Gasy Eobbiom, 
Bart., M.P., and which were fully noticed in the report of the Council 
for the year 1870-71. 

The first of these additions is The History of Warrington Friary, 
edited by Wm. BbjImont, Esq. Great praise is due to the learned and 
tccompIlBhed editor for the persevering industry with which he has brought 
together from so many various sources the very interesting particulars 
relating to the rise, progress, decline and fall of this religious house of the 
Hermit Friars of the order of St, Augustine at Warrington, of which little 
before had been known. Those who wish to become acquainted with the 
Iikbits, rules, observances and peculiarities of the Friars of the Uendicant- 



I 




1 " • »*» 




Antel •ale, dw Tvlilin 



Wi^ de fifS anj K«ond 

IfM-£, e£uj br OuMD EUmn, 

if li>S, whieh t* in p wyMi 

wnettf LmmtaJtir* Sent- 

Sr WuLiAU Ooo- 
csicDt *aA from bis fune >tid 
^ bcnU. With lO deJn cti d— on accooDt of obvions niit&kes 
tMH ■rfwrnloTAepefgrea it fonns smost Tftlaable coDtribo- 
■■Sf IbNmt of I^acaabife, and iritboot wbieb it iroald Uboor 
Tbe VintatUm bu been prinW from a 




toiaaa^ *cM* farcAiIly made bf tbe late Tbouib William Kino. Esq., 
F.S^A^ York Herald, from ilie original in tlje Herald's college, but wblch 
Im amiden and lamented demtb prereoted hia Eotirclj completing. The 
pedigraei, however, left dcJicierit Jii bia transcript arc supplied from n 
Tolnme id Caaon Raiku'i Laiieathire MSS., H'bicli on comparison is found 
to contain tlio anine pcitlgrec* iw nro comprised in Sir WUiiatn Di^iale't 



\ 




VitUalMn, withoot any variation of importance. 
mttendiug the FUilation and its general features, a 
regarding Sir Williim Ddodile himself, who wi 

Lancubire derivation, Uie Council have great plensurc in referring the 
members to Canon Raines's very interesting Preface, which all who read 
would only wis^h to have been longer. 

Vol. 8S in the series of publications, and the third vol. for 1871-2, conustt 
of Annalt of the Lorda of Warrington, by W. Bbamoht, Esq. Part i. 

Id this elaborate historical survey of the succession of the lords of War- 
rin^n will he found everything which Mr. Bbauon't's esteiisive research has 
enabled him to collect in reference to the lines of De Vilnra and Pincerna, or 
Boteter, in more modem style Butler, in whose hands the lordsbip of Warring- 
ton remained for upwards of four hundred years. He has given additional life 
and spirit to his Anttah by the passages of general history and the illustra- 
tions of ancient manners which he has introduced in the course of his work, 
which, though the subject may appear to be purely antiquarian, will be read 
with an interest rarely conceded to accounts of what may be styled the 
minor tcrritarial lords of the kingdom. The second part, which will com- 
plete the Annalt, will form the first volume for the year 1872-3, 

The Council cannot conclude their report without adverting to the great 
loss which the Society has sustained by the rececit death of their much re- 
spected and valued printer, Mr. Chables Siuus, and who had been con- 
nected with it in that capacity since its formation. The scrupulous care, the 
eaious interest which he uniformly displayed in en- 
:ndcr the Chetham series of publications inferior to none in 
[cellence and correctness, and his obliging willingness on all 
indertake any labours, however irksome or arduous, which 
might render it more useful or complete, will bo long and gratefully re- 
membered by those whose official and editorial duties afforded them the 
best opportunities of fully appreciating his merits and services in promoting 
the luccesB and assisting to sustain the reputation of the Chetlmra Society. 

The publications contemplated, or in progress, are: 

1. Afinalt of the Lordt of Warrington. Second and concluding part. 
Edited by Williau Bbauont, Esq. 

2. CoUeelanea Anglo-Poettca, Part 5. By the Rev. Thomab Uorsbr, 
M.A.. F.S.A. 

3. Sir WiUiam Dugdalet Lanetukire Vuilatton in IBQ-t-o. Edited 
by the Rev. Canon Raines, M.A., F.S.A. 



typographical t 




4. The Regin«r of the AlaiieAtMler Free Grammar Sdool, teitk Notice* 
and Bioffrapiiet of dutinguithed Sekolar*. Edited by the Bev. J. Fikcb 
Smia, M.A., Rect«r of AlJridge. Vo], 3. 

5. The Lancathire VitHalim of 1532. Edited by WiLtuu Lahgioit, 
Esq. 

6. ffittory of the Ancient Chapel of Slrelford, in Manchester PariA, 
together toUh Kotiee* of the more ancient local Familiei. Edited by 

JjtUBS C&OSTON, Esq. 

7. Worthington't Diary and Correspondence. The concluding part. 
Edited by Jaues Cwmslrv, Esq., F.S.A., President of the Chothwn 
Society. 

tl. DoeumenU relating to Edward third Earl of Derby and the Pil- 
grimage of Grace. By B. C. Christih, Esq., M.A. 

3. Corretpondence of Nathan Walii-orlh and Peter Seddon of Outwood., 
and other Doeumente and Papers in relation to (he building of Ringleg 
Chapel. Prepared for press by tlje late Hobeht Scirr Sowlbb, Esq., Q.C. 

10. A Selection from the Letters of Dr. Dee, with an introduction of 
Collectanea relating to his Life and Works. By Thomas Jones, B.A., 
F.S.A., Librarian of Clieilianj's Library. 

H. Poem upon the EarU and Barons of Chester, in 62 octave stanzas, 
from an ancient MS. belonging to John Ardcn, Esq., of Stockport, believed 
to hoTe been ii i iiten by Richard Boslock of Tattenhail, genL ; a copy of 
which ia io a MS, volume written by the Rev. John Watson, rector of 
Stockport, M.A., F.S.A., and from this the present transcript was taken. 

12. A republication, with an introductory notice of, A true Narrative cf 
the Proceedings in the seeerat Suits in Late that haire been between the 
Eight Hon"' Charles Lord Gerard of Brandon, and A. Fillon, Esq., bg 
a Lover of Truth. 4lo, printed at the Hague, 1663; and the other tracts 
relating to tho same subject. 

13. Selections from the Correipondence of Sir William Brertton relating 
to affairs in the county of Chester during lie Civil Wars. From the ori- 
ginals contained in seven large folio volumes in the British Museum. 

14. A Collection of Ancient Ballads and Poems, relating to Lancashire. 

15. Diarg of John Angier, {^Den1on,fTom the original Manuscripts, with 
a reprint <if the Narrative of hit Life published in 1685 bg Oliver Hegwood. 

16. A Selection from Dr. John Bgrom't unprinted Remains in Prose 
and Vertc. 




17. il new Edition of the Poems Golieeted and PMiehed after his 
Deaths corrected and revised^ with Notee^ and a Prefatory Sketch of 
his Life, 

18. HollinwortKs Mancuniensis. A new edition. Edited by Canon 
Raines. 

19. A Volume of Extracts^ Deposiiians^ Letters, if c.^ from the Con* 
nttory Court of Chester^ beginning with the Foundation of the See, 

20. Extracts from Roger Dodsworth's Collections in the Bodleian 
Librarg at Oxford relating to Lancashire, 

21. Annales Cestrienses, 

ii2, Chetham Miscellanies, Vol. 4. 

23. A General Index to volumes XXX I, to LK, of the Publications 
of the Chetham Society, 



; TREASURER IN ACCOUNT WITH THE CHETHAM SOCIETY, 



For the Year ending Fdfruary 29M, 1872. 



Cr, 



ripdons for 1865-66 (a3rd year), re- 
ported in airear at last meetiiig. 
:ted 



••• >••••••••••••««•••••••••••«»«• 



nptums for 1866-67 fi4th year), re- 
ported in arrear at last meeting, 
rted ^ ^« 

Tiptiens for 1867-68 f&$th year), re- 
pented in arrear at last meeting. 

ripdons for 1868-69 ''^^^ yc^)i re- 
ported in arreav at last meeting, 
aed .........^ 



I s. d. 



& o o 



300 



II o o 



14 o o 



■nding. 

riptions for 1869-70 ji7th year), re- 
ported in arrear at last meeting. 
:ted t$ o o 

anding 

riptions for 1870-71 (x8th year), re- 

xxted in arrear at last meeting. 

Md i| o e 

lading. 

riptions for 1871-73 (X9th year), re- 

Mcted at last meeting. 

ted « ^ 136 o o 

spounders reported in last statement 

r Compounders ...M ^ to o o 



bacriptions for 1871-73 (30th year), 

IMui in advance .^M..^ ^ 900 

btcription for 1771-73 (30th year), 
■cported at last meeting. 

ription for 1873-74 (31st year), re- 
XHted at last meeting. 

ription for 1874-7$ (3ind year), re- 
KMted at last meeting. 

ription for 1875-76 (33rd year), paid 

B advance ....^ too 

iption for 1876-77 (34th year), paid 

a advance .m....mm.... m* i o 



1871. 

Afril x\ R. Sims, 

Attending at College of Arms and 
Record OflSce ».m. 

JuH* vj County Fire Office, Insurance ...»..» 

Sept. 4 Copy of Dugdale's Visitation m«*.« 

Oct. 14 Do. Do. 

Dec. 8 Do. Do. 



•••••••«•••• 



••••••••**•* 



I s, d 



f f o 

1000 
|0 o o 
to o o 



sold to Memben.M».M« n 13 

aids on Consols. M .^... 7 6 

It from the Bank ^....^...... 6 18 



o 

4 

4 
6 



£t6o 18 1 
Balance firom last statement... M 313 8 8 

£S1A 6 10 



Fefy, 19 Balance in the Bank...^.... 



••••••••I •••••• 



Z96 6 e 
47t o 10 

Z574 6 10 



Payments and Vouchers agree. 

GEORGE PEEL. 
GEORGE THORLEY. 
HENRY M. ORMEROD. 

ARTHUR H. HEYWOOD. Trtmturtr. 



THE TREASURER IN ACCOUNT WITH THE CHETHAM SOCIETY, 



Hr. 



Fw the Year ending February igiA, 1872. 



Cr. 



1 Sobscripdoits for 1865-66 {33rd year), re- 
ported in axrear at last meeting. 

3 Sobscriptioiis for 1S66-67 fX4th year), re- 
pented in arrear at last meeting. 
J v»ou e cteo •••■•••••••••••«••••••••■■•••••••••••■••••••• 



£ *. ^ 



100 



300 



11 SubscriplioDS for 1867-68 fi5th year), re- 
pented in arrear at last meeting. 
II Collected .^.^^....^...^ 11 o o 



16 SnbscripCioas for 1868-69 (x6th year), re- 
ported in arrear at last meeting. 
14 Collected ...^.... 

% Outstanding. 



• •••••• ••• >•••••••••••••• •••••• ••• ■•• 



14 o o 



19 Subscriptions for 1869-70 jXTth year), re- 
pented in arrear at last meeting. 
15 Collected 15 o o 

4 Outstanding 

41 Subacripcions for 187071 (18th year), re- 
ported in arrear at last meeting. 
13 Collected i] o o 

19 Outstanding. 

II Subscriptions for 1871-72 (19th year), re- 
ported at last meeting. 
130 vX)Uecteci «■••••••••••••••••••• •>••••••••••••••• •• •■• * 5^ ^ ^ 



46 Compounders reported in last statement 
% New Compounders ^^ 



*••••••••• ••• 



10 o o 



4* 

IS4 Arrears 

ISO 



10 



'9 Suhscriptioos for i87ft-73 (30th year), 

paid in advance ^-,,», ^ 900 

I Subscription for ITT*-?! (lo^l* y«ar), 
reported at last meetmg. 

1 Subscription for 1873-74 (31st year), re- 
ported at last meeting. 

I Subscription for 1874-75 (3ind year), re- 
ported at last meeting. 

I Subscription for 1875^^ (33rd year), paid 
in advance ....^ - 

I Subscription for 187677 (34tb year), paid 

in advance .^....^^^ » ~ 100 

Books sold to Members. M >' >3 ^ 

Dividends on Consols... ^... 7^4 

Interest frcmi the Bank... m.««««....«**.m...... 6 18 6 

;Ci6o 18 1 
Balance from last statement... *. Vi 8 8 

;C574 6 10 



100 



1871. 

A/rii ti R. Sims, 

Attending at College of Arms and 
Record Office ...m. 

yuru 17 County Fire Office, Insiu-ance ^ 

Sept. 4 Copy of Dugdale's Visitation m.*m 

Oct 14 Do. Do. 

Dec. 8 Do. Do. 



••«••••••••• 



•••»•• •••••• 



JC s. 4. 



I I o 

5 5 o 

30 o o 

30 o o 

30 o o 



;C96 6 o 
Fehy. 19 Balance in the Bank...^. 478 o 10 

;C574 6 10 



Payments and Vouchers agree. 

GEORGE PEEL. 
GEORGE THORLEY. 
HENRY M. ORMEROD. 

ARTHUR H. HEYWOOD, Trteuurtr. 




Cfiftljam ^oriftg. 



LIST OF MEMBERS 

For ths YEiR 1872—1873. 

1 an mlirdk it prrjurtd, /tare a»aiJoiaiiUd/ar tiiir SubKripliau. 



;e of Arm*. London 
Anew, T&Dinaf, Manchrelrr 
Amiworth, Ralpli F . M.D.. F.L.S,, Muicheiler 
IDcn. .lai^h, Totnblatid, Norwich 
■ADhum. W. A. Tywen, F.S.A., Didlington P»rk, 

Bondon 
•Anniuge. Siimuol. Pendtv ton. Alanciifster 
AiUBtJOtig, Ret. 

>aiM>gr, Pr« 
Am jug c. Ceo. J 



Alfied ThDDiu, M.A., Ai 
, K.S.A., Clifton, Brighous 



Ashnoctb, Henri, The Otkt, Dear Boltoa 

Aipluid, A)frpd.l)ukinfield 

Auerton, Jamea, SninloD House, near MancheBter 

Atkin. WiUiam. Liitle Hullon, near Bolton 

AtkiDMn, William, Aihlon Heycs, near Chester 

Alkinton, Rev J. A , M.A., I.Dngsi);ht 

AlitOD. Thomai, F.S.A.. liverpool 

Ay, Thomai, Tiaffoid Mdsb, Mancheiler 

re Store, Bacup 

_-_— Muicheatei 

Bailey, John E., Maoeli eater 

Baio, Jamei. 1, Haymarkcl. London 

Baker. Tbomu. Bratennote Street, Mancbeater 

•Baiboor. Rotiprt, Boleawarth Castle, near Chester 

Barker. John, Broughton Lodge, NentDD in Cartme] 

•Barlow, Mrs., Gre«ihitl, Oldham 

Banon, Richard, Cald; Manor, Birkenhead 

Bcunont. William, Orfotd Hall, Warrington 

Beerer, James F., Manch eater 

Bennett, Captiin H. A., Nelion House, Manchelter 

Berlin Sojal Library, Berlin 

Beswicke. Mrs., Ptke Hou.e. Littleborough 

airleir, Hagh, M.F., Moorlands, near Manchealer 

Birler. Rei. J, S.. M.A., Halliwell Hall, BoHon 

•Birlf J, Thomas H.. Hart Hill, Ecclea. Manchester 

BitmiQgbaia, Borough of, Central Free Librairjr, Bir 

Blaekbum Free Public Library and Muienm 
BUekbnme. John Ireland. Halp, near Warrington 
Bolton Public librarj, Bolton-le-Moon 




: Booker. ReT. John, 



Bowera, The Very Rev, O. H., DD., Dean of Man- 

Brackenbury, Miss, Adelaide Crescent, Brighton 

Bradshaw, John, Jun., Manchester 

•Bridgemaa, Hon. and Rct. Qeorge T. O.. HA., 

Hon. Canon of Manchester, Rectory. Wigan 
Bridaon, J. Bidgvay, Cromplon Fold, Bolton. 
Brierlcy, ReT. J., M A., Mosley Moss Ball, Cong teton 
Thomas, Armitage Bridge, near Huddera- 



.A.,F.S.A,, Barlow Hall 



field 
•Brook*. W. Cunliffe, M.P., 
Manehetter 

Brown, Mrs , Winekley Sqaare, Preston 

Browne. William Henry, Cheater 

Buckley, Sir Edmund, Bart,, M.P-, Dinas Mowddwjr 

Banting, Thomas PerciTal, Mancbeater 

Bury Co-operative Society, Bury, Lancaahire 

Manche«t«i 

Cambridge', Chriat'a College Library 

Caaaela, Rev. Andrew, M.A., Batley Vicarage, near 

Dewsburr 
•Chadwick, Elias, M.A., Fudlestoae Court, Hereford- 

Chichealer, The Lord Biahop of 

Christie, Richard Copley, M.A., Chancellor of the 

Diocese of Manchester. 
•Churchill. W. 8., Btinnington Lodge, near Stockport'-, 
•Clare, John Lfigh, Liverpool J 

Clarke, Archibald WilUam, Scotacroft, Didibory ■ 

Clegg, Thomas, Manchester ■ 

Colley. T. Daviea-, M D , Cheater " 

Cooke, Thomas, Ruibolme Hall, near Hancheater 
Coraer, Rev. Thomas, M.A,, F.S.A., Stand, near Man- 



J-T-HiC 



— * -_ 









-::- =^*-. ririxiTi-r: 



• ■-J^_ — 1 — ^~~- n, li' m.?nitM 



I •-? 



— ' ■•"■; 



4 *■" ~~ 












— * ^ z^ 



1. I ^ r. i.. :^.. J. :-ij^: 



.» - .. : - 1 Ml 



**-.' 









r. 



r -•■ 



1 _^ _ 



«• - -*■— ^. bJC- -»!■■ » »* 






."jr.- V- 



T'l t -^t— 1. iriT' yi: 



-■•-' ■ 



. .^-' V 






/f 



» » • 



. * ■ ■• . . . 



•»• & •.■'"•' • IV"''.* "•■■ 



1 



JLsn.iAr ^ 



". ■ ^;.. 1-T--1, JL :v-.:i. Hj-I. >^ii;ii-*?fr 



IK, Hitbcnhi 
a, St. Add'b S 
■nwB, M.P , 



F.O.S., Higb Lcgh, Knuts- 



B. M.,Ch«Uiaiu IliU, AfBtichdUr 

., Oldhuu 

beDEDDl LibrsTT 

mcam Clob 

L. 8Mitiy. Middle Temple 

■»rT, St. Jamei'i SquHre, London 

ini Club 

1 Col lege 

[ward C., Cutle Combe, Cbippecham 

ml. Lilleiden. lUwkhtirat, Kent 

I, Hanks Orcbud, Btomlef, Kent 

I, Mkncheitcr 

LE. William, The Lelhema, Pcescgt 
iniie. John Wbitefoord, Edinburgh 
n , Beechnood, Eochdsle 

Clielbain Library 

Free Library 

[ndependcnt College 

Owens ColleRe 

Potiieo Library 

Bojil Kichanpre Library 

. llie Lord BistiDp of 

Union Club 

-t. Muiebotei 

A MBDchester 

iha, LircTpool 

E„ Mancheiler 

r.J,H.,B.D.,F.B.Q.S.,CanonofMaDPhe.ter 

a Kubett, Warrington 

h,Oroby Lodge, Aibton-nnder-Lyne 

, E., H.A., Qawsworth Rectory, near Mae- 

ih, F.S A.. Lord-.trBet, Liverpool 

sai, F.B.C.S , Oxford Road. Manchester 

Q.C., The Temple, London 

' Tonman, Bait., RoIleiloD Hall, Slafford- 

lohn JaoiH, Otteripool, Liverpool 
un, Farkiide, FreEcot 
>■, HaDcbeiter 

, Mill, Attrincham 

!, Jonathan, Jun.. Bochdalc 

ly, Hare Hill, Liltlebotougb. 

I. F., Hare Hill, Littleborough 

[enry, Docklandi, Inaateeione, Easei 

unei, F.S. A., Thelwall Hall, WatringlOO 



k 



ORMEROD, George, D,CX.. F.R.S,, F.S.A., P.O.8., 
Sedbury Park, Glouceslerabire 
Orroeroil. Hcnrt Mere, Mnncbealer 
Owen, John, Slreiroid Road, Hulme, Minaheiter 
Oirord, Brasenoie College 

• TIARSER, Rei. Arlhtir Tonnley, MA., Hon. Canon 
X of Mancheiler Boyle, Burnlijr 

Parker, Robert Townley, Cuerden Hall, near Predon 
Parkinson. Major QcnDral,EppletontlBll, Fence Houaei, 
Durham 



Peel, George, Brookfield, Cbeadle 
Peel. Jonathan, Knowlemerc Manor, near Clilheroe 
Pembeiton, Richard L.. The Bame«, Sunderland 
Perkei, Rowland J., M.A.. St, John's College, Cam- 
bridge 
Perris. John, Lyceum, Liverpool 

Philippi. Frederick Theod., Bclficld Hall, near Uorha«t< 
•Fhilipa. Mark, The Park, Manchester 
Picion, J. A., F.S.A., CUyton Souare, Literpool 
Pierpoint. Benjamin, St. Aastin i, Warrington 
Pilcairn, Rev. J. P.^.A., Vloaragc, Bcdes 
•PIbU. John, M.P.. Wemelh Park, Oldham 
Poolcy. W. O., Manchester 
" -, J. B. 



a. Shepherd's Library 
. Rev. Henry H, M.A, 

church. Salop 



Price. Rev. 'Henry H., ii.A.,, Ash Parionaje, Whit- 
church, Salop 

QUABITCH, Bernard, Piccadilly, London 



Higher Brought on 
Raine, Rey, Jaraca. M.A., Canon of York 
Raines, Rev. P. R.. M.A.. F.S.A., Tlcar of MUnro* and 

Hon. Canon of Manchoiter, Vict Prtnimt 
Rninci. R. E. U„ Woreeiter CoIIhb, Oxford 
Rimsbotbam, Jamei, Crowboro' Warren. Tunbridg* 

Weill 
Redhead, R. Milne. F.L.S , F.RO.S.. Seedley, Man- 
Home, near Manch 

D., PlecB' 

Reynolds, Rev. George W., . 

Bhodocanakii, H. H. The Prince, C.K.O . Phi 
F.S.A.A., F.O.U.8.. Higher Broughton, Man 

Bickardi. Charles H., Mancheiter 
Rigby, Samuel, Bruch Hall, Warrington 
•Roberu, Chas, H.Crompton. Sunnyiide. Upper Ave 

Road. Regent's Park, London 
Roberts, Alfred Wm., Larkfield. Ruchdale 
Robinson, O. T., St. Peter's Square, Mancheiler 
Robinson, Diion, Clitheroe Castle, Clilheroe 
Eobson, John, M.D., Broom Edge, Ljmm 
Rochdale Co-operative " 




I 




LIST OF MEUnBRS. 



u NailhHich 
Buihlon, Jimo, Foretl {Iou)p. Ncwchuich 
ByUDdi.J. P»ul, Hlghfleldi, Tliilwill 
RymcT Thorou, Chccthun IliU 

SALISBURY. Enoch Gibbon, Olu Aber, Chntcr 
BUUrScId, Jothiu, Alderlej Eige. ncu Mancbnte 
SchaSeld, Wm. Whit*oith, Buckler "«^'> Bocbdale 
•Scholra, Thomai Beddon, Dale Stmet, Lekminglon 
Hhup, John, LaaculGr 



ir J. F, Kbj-, But., M.D„ Qawtborpr 



Shnttlei . . 

Hill, Bi , 

nimnu, CbarUs a., Miochcstcr 

SlmpwiD, John Hope, Bonk of Liverpool, LiTCrpool 

Simpun, Uei. S«niuel, M.A., Qtcavei Uouie, aearLin- 

Slulfe. John. Union Street. Blackburn 

8kelmtr*diilo. Tlie Lord, Lathom House, uenr Ormakirk 

Smith, Fcied»T. Msnchmer 

Stnilh, J. n., Soho Squire, London 

Smith, Re*. J. Fiaoh, M.A., Aldridge Rectory, ncu 

W>l»ll 
Smith, B. M., Timpetlej 
Sothenn, H., Btrind, London 
BMhcTan, U. and Co,, Strand, London 
Sowler, Tbomai. Mineheitei 
8o*ler, Mra., Sawre)' ILnolu, Windermere 
HpiSiml. Oearge, Brawn Strort. Uancheetei 
Btandiah. W. B, C, DuKbury Hall, Chorlcy 
•Stanlej of Alderlejr. The Lord, Alderlef 
Surkir, Major Le Uendre, Uuntrojd 
Sudlow. John. Mancheitcr 
Swindolli, O, 11., Heaton Chapel, Stocltport. 
8rk», Juhn, M.D., F.S.A., Doneuln 

fl^ABLKT. The Lord de, Tabler Hoiue, Knutiford 
J. Tate, Wm. Jamei, Mancbealcr 
Tktton. Tboa, W., Wjthenthawe Hall, Cheihin 
•TBTlor, JamM,Todmordeo Hall, TodmoidBD 
Tnloi, JamM, Whilelit Hall, WIkm 
•TlTlor, Uri. E. CUtc, Boumemoutli 
"tjlor, ReT. W. II., M.A., Kamworlh 




Taylor, Thomas Frederidt. Wigaa 
Thickaeuc, Rct. F. H., M.A, B<r. 

cheater. Beech Hill. Wigan 
Thompioi), Jame*, Chnmicle USee, 
•Thompioa. Joieph, Woodlanda, Foliliaw _ 

Thorlcy. Gcoi^e. Muicheder I 

Thorp, Ileorj. WhalleTRuige, iSmtibmta ■ 
•Tootal, EdwHd. The Weule. liancberts ^M 
ToQge, BeT, Bichaid, M.A.. The BMtOTT, HcttM 

Mersey 9 

TowDeley,Colane!ChaB,FS.\..Townele> Park, Ban] 
Tuwncnd, John, Shaidaconh Uall, Blackburn 
Traffoid, Sir Humphrey de, Bart , TnHbrd Park, Di 

Tully. Thomas K.. Lower Bioagbtoo 

Turner. 'I'homas, F.B.C.S , Maochater | 

Turner, Bt. Rev. W., D.O., Cteicent, Salfbrd ^ 



W" 



Vitr^, Edward Deuu de, M D, Lancutcr f 

ALKER, RcT, J. RuMelt, MA.. Bury 
Wauklyn. William Treror, Manchecter 
■■,..uiirlon. R.E. Egeiton-, Arley Rail, near Narlhwtt 
■Ward. Joi. PilkinglOD. Whatley Uaagm. MaiKhciier 
Ware, Titui Hlbbert, SoDthport 
WcBthead, Joshua P. B., Lea CuUe, KIddermiiutn 
•WetUainalGr. The Marquis of. Baton 11*11, CheRei 
Wheeler. Alfred B., MancheMer 

Whitakcr, Rer. Robert Nowcll, M-A., Tiear of Wtalit 
WhiWker, W. W.. SL Ann'a Street, Hanehmtt 
Whitehead, Jame*. M.D.. Maacheiler 
Whilelcgg, ReT. William. M.A., Hulme, MandieHei 
Whiltaker, Rev. Bobt, M.A.. Leeifield, Oldham 
Whitworlh, Eoberl, Courtown House, Maneheatei 
Wilkinaon. Eaaon Malthew. U.D., Manchoter 
Willinion, T. T.. Che«p»ide, Burnley 
•Witlon, The Earl of, Healon Houae, near Hanehen 
Wood, Richard Henrj, F.B.A,, Ciumpiall, Uascbnt 

JJonorary Stcretary 
Wood, Richard, Corneille Houte, Whalley Rasgt 
Woods, Sir Albert W., F 8.A., Oarter King of Aran. 

College ot Arms. Londoo 
Worsley, Jamei E., Lowton Gidtc, Xewton-le-WOIiii 



York Subscription Library, York 
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