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Read Ebook: Memorials of old Cheshire by Barber Edward Editor Ditchfield P H Peter Hampson Editor

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Ebook has 556 lines and 64297 words, and 12 pages

On October 3, 1561, Helena Ditchfield was charged with a trespass in pulling down her neighbours' fences.

In 1593, a grievous murder having been committed at Grappenhall Heath on the person of John Findley, a hawker of Scottish cloth, the crime was brought home to one William Geston, a servant of the Bishop of Chester. The jury at Halton presented the fact, and the prisoner, having been tried for it and convicted at Chester Assizes, was hanged in chains on April 27, 1593, near the spot where the murder was committed.

In 1608 one Stockton was presented for selling ale without the justices' licence, and taking in and entertaining irregular and pernicious persons to the disturbance of his neighbours, and one Lawton for permitting a man to tipple in his house for one hour was fined 3s. 4d., and Charles Hall for taking in inmates was fined 6s. 8d.

On January 16, 1660, Roger Drakeford, who had conveyed a prisoner to Sir Peter Leycester's , a journey of fourteen miles, was paid 3s. 6d. for himself and his horse, a small sum for so long a journey.

In 1388 the Prior of Norton was charged with making two fish-yards in the Mersey, one called Gracedieu and the other Charity, which obstructed the passage of the lord's boat of eight oars from Fresh Pool to Thelwall.

In 1598 the jury found that Robert Dutton of Preston did fish in Thomas Dutton's pit and did take his fish in the daytime without leave or licence from him, and therefore they did amerce him.

In 1605 the court complained of the number of the fish-yards at Thelwall and of the encroachments they made on the river.

On October 8, 1655, the old complaint of the river being obstructed by fish-yards was again renewed.

In 1655 a number of persons were presented and fined for keeping up their weirs and fish-yards in the mid-stream of the Mersey so that the Lord of the fee could not pass by the "key" of Thelwall with boats and barges.

It will thus be seen that the Court in former days had a wide and extensive jurisdiction and dealt with a variety of matters. Nowadays, as before stated, the court has no powers, but the court is held by the deputy steward at the Castle, or rather at the Castle Hotel adjoining the ruins, once every three years, simply to keep up the old custom, and for the sake of past memories. A jury summons signed by the Bailiff of the Court in the following form:--

Herein fail not at your peril.

Bailiff of the said Court.

is sent to the Overseers of the following townships:--

Aston juxta Budworth, Aston juxta Sutton, Appleton, Antrobus, Astmore, Barnton, Bartington, Bexton, Budworth , Comberbach, Cotton, Church Hulme , Cogshall, Crowley, Daresbury, Halton, Hatton, Kekewick, Lymm, Millington, Newton juxta Daresbury, Preston o'th Hill, Sutton, Stretton, Seven Oaks, Toft, Tabley , Weston, Walton Superior, Walton Inferior, Whitley Superior, Whitley Inferior.

A jury is appointed, and sworn in by the deputy steward, and a constable and two burleymen are appointed.

The following is the form of oath administered to the foreman and rest of the jury:--

"You as foreman of this inquest, with the rest of your fellows, shall duly inquire and true presentment make of all such matters and things as relate to the present service, wherein you shall spare no man for fear, love, favour, or affection, nor present any man out of malice or hatred, but according as things here presentable shall come to your knowledge, by information or otherwise, so shall you make thereof true presentment without concealment. So help you God."

Before the opening of the court by the deputy steward, the bailiff makes the following proclamation:--

"Oyez! Oyez! Oyez! All manner of persons who owe suit and service to this Court Leet and view of Frankpledge and Court Baron of His Most Gracious Majesty the King, as Duke of Lancaster, Baron of Halton, and paramount Lord of this Manor and Fee, draw near, give your attendance, and answer to your names."

No business is, of course, transacted, and the proceedings finish up with a dinner, over which the deputy steward presides.

As before stated, the court must have had jurisdiction over a wide area, as the jurors are summoned from Barnton, near Northwich, and from Toft and Tabley, near Knutsford, and also from Holmes Chapel. It is also evident from the extracts from Mr. Beamont's book that minor courts were held in connection with the Halton Court at a variety of places, and it is also to be noticed that the jurisdiction of the court extended across the river Mersey into Lancashire, and that courts were held at Widnes and Farnworth. In fact, there is the Manor of Widnes, comprising land on the Lancashire side of the river, which also belongs to the Duchy of Lancaster, and of which the King is the lord, and it is presumed the jurisdiction of the court would extend over the area of this manor.

"That the Widnes or Farnworth Leet, which was subject to Halton, had the power to mete out only four punishments. These included the pillory, an ignominious punishment; and the cuck-stool or ducking-chair, for punishing a scold, of whose unruly member it was said:

'Of members the tongue is the worst and the best, And an ill tongue sows often the seeds of unrest.'

To curb the tongue, they had also the brank, an iron bridle which kept the tongue quiet by more mechanical means. The court had also the stocks, the constable's prison as it was called, and the whipping-post, but the Farnworth or Widnes Leet, though allied to Halton, had not the power which Halton certainly possessed of inflicting the punishment of death."

In addition to its powers of punishment, there is no doubt that, prior to the days of printing and when only few people could read or write, the court was used as a means of making public proclamations, and that presentments were made to it of matters of general interest to the people which otherwise could not have been brought to their knowledge. To-day we have our telegraphs and telephones, our newspapers and our books, and all other ways of letting every one know everything. Who shall say which were the happier days?

"Let the great world spin for ever Down the ringing grooves of change."

In conclusion, we may remark that there is another relic of old times in connection with the Manor of Halton, in that part of the land there, and also in the Manor of Widnes before referred to, is still of copyhold tenure, and the ordinary laws of conveyancing do not apply to it. For instance, a conveyance of land is carried out by way of what is called a Surrender and Admission and a mortgage by a Conditional Surrender, and the deeds have to be signed by the parties before the deputy steward. These deeds are all entered on the court rolls of the manor, the originals being sent to the Duchy Office in London, and copies are kept at the office of the deputy steward, and other copies handed to the parties dealing with the property.

CHESHIRE WORTHIES

Cheshire, the "seed-plot of gentility," as Speed loved to call his native shire, can boast of many illustrious sons who have conferred honour on their county. A large volume would be needed wherein to chronicle all their achievements, their deeds of prowess, their successes as poets, divines, lawyers, and philosophers. We can only record the names of the most illustrious Cestrians who have achieved fame in various professions and are worthy of a niche in these memorials of the county.

SOLDIERS

Cheshire men have always been good fighters. They have played their part bravely on many a battlefield at home and abroad, and honour shall first be done to the soldiers of the shire. In civil war there was little unity amongst the gentlemen of Cheshire. They fought with, or against, each other as party faction or inclination dictated; but against the enemies of England they were formidable foes. The great Civil War that raged between King and Parliament brought most of these Cheshire soldiers into prominence, and most of the names on our list of warriors are connected with that period.

In the wars with France when the third King Edward reigned, Cheshire men showed well the stuff they were made of, their valour and bravery in arms. Foremost amongst their number in this group of early warriors stands Sir Thomas Danyers, who fought gallantly in the battle of Crecy under the banner of the Black Prince. He plunged into the thickest of the fight, and when the King bade his son "win his spurs and the honour of the day for himself," Sir Thomas "relieved the banner of his Earl and took prisoner the Chamberlain of France, de Tankerville." For this gallant feat of arms the Prince rewarded the Cheshire knight with a goodly sum of money, and the promise of the grant of an estate in his native county. This promise was not fulfilled until after the warrior's death, when the fair lands of Lyme were bestowed upon his daughter, who had married Sir Piers Legh; and thus the famous family of the Leighs of Lyme began their existence, and happily the connection still survives after the lapse of many centuries.

Another brave soldier of the period was Sir John Delves, who with his companions in arms contributed greatly to the glorious victory of Poictiers. That fight was memorable for Cheshire men. The gallant James, Lord Audley, a native of the shire, though he lived in Staffordshire, had for his four squires, John Delves, Dutton of Dutton, Foulshurst of Crewe, and Hawkeston of Wrine Hall, a Cheshire man though residing in Staffordshire. When the battle day dawned Audley vowed to be foremost in the field and lead the attack, and "with the ayde of his four scuyers dyd marvels in arms, and foughte always in the cheyfe of the batyle; y^t day he never toke prisoner, but always foughte and wente on his enemyes." He was sorely wounded, and was borne from the field by his faithful squires. For his bravery the Prince made him a grant of five hundred marks a year for ever. This reward the good knight handed over to his squires, saying that they had deserved it as much as he, and had more need of it. So the Prince gave him a second grant of a like amount. Audley, as a further reward to his squires, ordered that they should bear on their coats of arms his own proper achievement, gules a fret, d'or. Sir John Delves purchased Doddington, near Nantwich, where he erected a goodly mansion in 1364, and where the statues of himself and his brave companions, carved in later times, could be seen. There is an alabaster effigy of Sir Robert Foulshurst, one of the gallant squires, in Barthomley Church.

Sir Hugh Calveley sleeps at Bunbury, a mighty hero of the French wars who fought under the brave leader Sir John Chandos. You can see his fine alabaster tomb, a lion couching at his feet, and his crest, a calf's head, which he bore on many a foreign battlefield. Fuller says of him: "Tradition makes him a man of teeth and hands, who would feed as much as two, and fight as much as ten men; his quick and strong appetite could digest anything but an injury, so that the killing a man is reported the cause of his quitting this country, making hence for London and France. Here he became a most eminent soldier." It were vain to tell of all his exploits. He fought in Brittany in 1357, at Auray in 1364, Navarete in 1367, in Brittany again with Sir John Arundell in 1380, when the expedition was almost entirely destroyed by a storm and 20,000 men perished. Many of these warriors lived a wild and turbulent life during the wars, and Sir Hugh, perhaps repenting of his deeds, in his old age converted the Parish Church of Bunbury into a collegiate church, with a master and six chaplains to pray for his soul. One of his companions in arms was Sir Robert Knowles, born of mean parentage in Cheshire, but brave and valiant. He fought with Sir Hugh Calveley in Brittany in 1351, when thirty Englishmen encountered the like number of Bretons and were sorely worsted. The ruined castles that he left behind him in France were termed "Knowles's Mitres." His last service to his country was the suppression of Wat Tyler's rebellion.

Fiercely did the great Civil War rage in Cheshire, and fiercely did the Cestrians fight. Foremost among them was Sir William Brereton, the great Cheshire leader of the Parliamentary army, and commander-in-chief of the Cheshire forces. The story of his fights is the history of the Civil War in this and the neighbouring counties, and cannot be told here. His relative Lord Brereton, the owner of the seat Brereton, one of the finest mansions in the county, was a brave supporter of the Royalist cause. Sir William lived to see the Restoration, and died at the archiepiscopal palace at Croydon, which had been granted to him by the Parliament. Lord Brereton returned to his goodly house, but families, alas! become extinct, and the name once so famous in Cheshire history now no longer exists save in memory.

Colonel Edward Massey, of the ancient family of the Masseys of Coddington, was a soldier of fortune who fought on both sides in the war. He, however, threw in his lot with the enemies of the King, and was made Governor of Gloucester. He held the city during the siege; but on the triumph of the Independents his career was chequered, and he found his way back to the King, and became Major-general in the Royal army. History tells not when he died.

The Astons were unfortunate Royalists. Sir Thomas was defeated by Sir William Brereton at Middlewich, and Sir Arthur, after being Governor of Reading, and earning the praise of his sovereign, who deemed that "there was not a man in his army of greater reputation, or one of whom the enemy had greater dread," lost his leg and then his life in the slaughter of the garrison of Tredagh, in Ireland. Two other gallant Royalists must be mentioned, Sir Francis Gamul, of Buerton, who watched from the Phoenix Tower with the King the fatal fight of Rowton Heath, and helped him to escape from his enemies; and Sir Geoffrey Shakerley, who performed many deeds of daring during the war; and at Rowton Heath, in order to convey a message to the King, crossed the Dee in a tub, holding the bridle of his horse, which was swimming at the side. He was a good friend and servant of the King, Governor of the Castle of Chester, and lies beneath his fine monument at Nether Peover Church.

Colonel, and afterwards General, Werden risked his life and fortune for King Charles, had to fly from the country, and continued with the royal family until the Restoration, after which he was appointed to several offices of trust, and was comptroller of the royal household. His son John was created a baronet, and held many important posts.

Sir Roger Mostyn, of Mostyn, Baronet, was a gallant soldier who raised 1500 men for the King's service, captured Hawarden Castle, was Governor of Flint Castle, which he maintained until the death of the King's cause. His house of Mostyn was plundered, and he was imprisoned in Conway Castle; at the Restoration a baronetcy was the reward of his services.

Doubtless Cheshire had many other brave soldiers, but this list must now suffice.

BISHOPS

The county has seen many of her sons raised to the Episcopal Bench. Foremost amongst these was the saintly Bishop Wilson of Mona's Isle, who was born of humble parents in the parish of Burton in the Wirral district. Three years after the Restoration Thomas Wilson first saw the light; his holy, wise, charitable, God-fearing life was a burning and a shining light in his age, and his influence spread far and wide. He planted the Church anew in his remote little diocese. In vain did Queen Anne and Queen Caroline try to tempt him to leave the island by the offer of another diocese. He set his face against pluralism, the curse of his time, refusing to hold any preferments in addition to his See, which was poor and impoverished. Crowds flocked to see him, to crave from him a blessing. The writer has been with the fishermen of this island, and heard them sing their sweet hymns as they kneel beside their bulwarks when they are going to ply their calling on the sea, and he was told that Bishop Wilson first taught their fathers to sing those hymns and seek a blessing on their toil.

Bishop Edward Stanley was the son of Sir J. T. Stanley of Alderley Park, and was born in 1779. He was rector of Alderley from 1805 to 1837, and proved himself a model clergyman, shining as a light in a dark age. He came to an entirely neglected parish, and by his example and precept transformed it into a totally different place. He was an early educationist, and took care that his children should be well taught. He put down drunkenness and prize-fighting, and was a close observer of nature--a northern White of Selborne. In 1837 he was called to the See of Norwich, which he held until his death in 1849--a very worthy Bishop.

A few learned divines we may mention. Dr. Samuel Clarke, a Puritan, minister of Shotwick, where he was a favourite preacher. He was a very voluminous writer, and died in 1682. Dr. John Hulse, the founder of the Hulsean Lectures at Cambridge, was born at Middlewich in 1708. When a child he was rescued by his grandfather from squalid circumstances, and obtained high university distinction at Cambridge. He became vicar of Goostrey until, on his father's death, he became possessed of the family estate of Elworth, near Sandbach. John Barron, D.D., canon of Salisbury, chaplain to Lord Chancellor Egerton, and founder of a Hebrew lectureship at Brazenose College, Oxford, should be mentioned, who died in 1642. He is described by a contemporary biographer as "a bountiful housekeeper, of a cheerful spirit and a peaceful disposition." Many other names of learned bishops and divines will occur to the reader, and this list would include many of the bishops and deans of Chester, but few of them were natives of the county, and are therefore not included in these biographical notes.

POETS

Of poets, we have mentioned the saintly Heber. But there are others of an earlier age. John Brownswerd, a native of the shire, was born in 1540, and after graduating at Cambridge became master of the Grammar School at Macclesfield, earning fame as one of the best Latin poets of his age. A tablet was raised to the memory of this "vir pius & doctus," who is described as

Alpha poetarum, coryphaeus grammaticorum Flos paedagogum hic sepelitur humo.

The poet Milton is connected with this county, as his third wife, Elizabeth Mynshal, a lady connected with some of the best Cheshire families, came from Cheshire and died at Nantwich. She is believed to have been a termagant, and brought the poet little pleasure, but others have described her as of "a peaceful and agreeable humour."

JUDGES AND CHANCELLORS

Some Cheshire lawyers have achieved fame. In the spacious days of Queen Elizabeth, at Nantwich in 1588 was born Randolph Crewe, who came of the distinguished family of the Crewes of Crewe Hall, though his father was in poor circumstances at the time of his birth. He and his brother Thomas were fired with the idea of regaining the family estates. The good schools of Cheshire enabled them to go to Oxford; they became students at Lincoln's Inn, Serjeants-at-Law, and successively Speakers of the House of Commons. Randolph rose rapidly in his profession, and in 1624 became Lord Chief Justice of England. In the discharge of his high office he showed a perfectly honest and independent spirit, much learning and ability, strict honour and integrity, therein differing from many of the venal judges of his age. He refused to bow to the King's will in respect of the imposition of illegal taxes, and in consequence was deprived of his rank. He retired to his beloved Cheshire, purchased the old family estates, and built for himself a new manor house. Fuller tells in his quaint way that Sir Randolph "first brought the model of excellent building into these remote parts; yea, brought London into Cheshire, in the loftiness, sightliness, and pleasantness of their structures." His letter to the Duke of Buckingham is a model of straightforward honesty, stating his reasons for his decision in the matter of the taxation, and asking for his Grace's intercession with the King. While the war was raging between King and Parliament he quietly passed away in his Hall at Crewe, and lies at rest in the Crewe Chapel at Barthomley.

Another eminent lawyer was Lord Chancellor Ellesmere, Thomas, Viscount Brackley, the natural son of Sir Richard Egerton of Ridley, born in 1540. Queen Elizabeth on one occasion heard him pleading with his usual shrewdness against a Crown case, and exclaimed, "In my troth, he shall never plead against me again," and from that day his rise was rapid. He became Attorney-General in 1592, was knighted, Master of the Rolls in 1594, and two years later Lord Keeper and Member of Privy Council. On the death of the Queen he was called upon to conduct the affairs of the nation until the arrival of King James of Scotland, who constituted him Lord Chancellor and Baron Ellesmere. For twelve years he held the reins of office, conducted many important trials, helped to unite the kingdoms of England and Scotland, and at length, full of years and honours, with much pathos resigned his high office, being succeeded by Sir Francis Bacon. His body rests in Dodleston Church.

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