A History of the Royal Franchise of the Hundred and Hundred Court Of

THE WAPENTAKE O F WIR RAL

A His tory of the R oyal Fran c hi s e of the H u ndre d and H u ndre d C ou rt of

Wi rral i n Che shi re

With

An Appendix contai ning a Lis t of the Ofﬁ cers and Lords of the Hund red from the Fou rteenth Centu ry ; a Seri es of Leas es of the Hundred from I 3 5 2 t o 1 7 8 6 ; and the Crown Grant of the Lordship of the Hu ndred i n I 8 2 0

M BRI D E M . A. TR . C LL. CA G , IN O ,

L IVE R P O O L

° H E N R Y Y O U N G 69 S O N S I 9O 7

P R E F A C E

TTLE ﬁf w LI more than ty years ago , ithin the memory of d some now alive, there existe in Wirral a court of s o-called justice owned by a p rivate ind ivid ual a nd

d of d old Th e of upwar s a thousan years . p ower sum

of fi ff d of d d moning jurors , ning o en ers , eci ing the law, of d of d of d or ering p ayment ebts , levying istresses , has so long been associated by the p resent generation with d d f of S courts a ministere by o ficials the tate, that it is d iffi cult to imagine such p owers in the han ds of a

Ye t f r f p rivate citizen . o some years in the ﬁ ties the

of d T inhabitants B irkenhea , ranmere , Bebington , Neston , a nd other p arts of Wirral went in d aily fear of such a

court . Th e only attemp t at an accou nt of the Wap entake or H u nd red Court of Wirral is contained in the last ’ ’ a mli n s T M a nd chap ter of M rs . G book wixt ersey Dee

1 8 a nd d f (Liverpool , 9 7) eals only with the last orty years ’ The d of the Court s existence . author app arently obtaine most of her information from a small p amp hlet entitled “ A d 1 8 8 F ree Village Library, Bebington , p ublishe in 7

r M r. fo Josep h Mayer, containing the substance of articles which h a d app eared i n the S ta nda rd news a 2 vi PREFACE

’

. Ga mli n s far p ap er . Mrs story, so as it goes , is inter a nd f f esting, suggested the need o a uller account, but it contains many inaccuracies . S o extraord inary a nd incredible were these last years M ’ of the Court that the writer of M r. ayer s p amp hlet ” - th eriu m classes the Wirral Wap entake with the Cheiro , f f d a nd traces o which were oun near Bebington , it was the p erformances of such a mysterious a nd p owerful monster as he mad e it out to be that aroused my interest a nd l ed me to make the investigations the results of which

are here set down . Th e H undred Courts of the County Palatine of Chester f have been neglected by the writers o C heshire history . O ne naturally turns ﬁrst to the p ages of O rmerod for

f . Th in ormation , but that given by him is very meagre e Court of Wirral is d ismissed with the bald a nd mislead ing

1 8 1 6 f d d statement that in it was arme un er the Crown ,

Th e of but it was no longer in existence . accou nts those

of dd N a nd Broxton , E isbury, orthwich , Nantwich are

f A d of scarcely any uller . little more etail is given those

of M a c c l es ﬁeld a nd B uc klow a nd d , in the latter case ates

a nd f re erences to two Crown leases are given . I n Mor ’ “ ” of d d of timer s H istory the H u n re Wirral , where one d ﬁnd f d woul exp ect to ull etails , very little more i n f of d ormation is given as to the Court that H un red . H e p rints (with many errors) a cop y of the d eed u n der

d 1 8 2 0 which it was grante in to John Williams , but f makes no attemp t to carry the matter urther . S ulley, PREFACE vii

“ d d of f in his H un re Wirral , makes no re erence to the

Court at all . O ther writers on Cheshire history either ignore the Court entirely, or just mention its existence .

I t will be seen , however , that there are in the Cheshire ’ a nd M A a nd R ecognisance Rolls inisters ccounts , else

i n d O ffi of a nd where the Recor ce , a series Leases records of the officers of the H u nd red Court of Wirral from the year 1 3 5 2 d own to the year 1 8 2 0 . I t is true that O rmerod refers to a few of the entries on the Recog nis a nc e f a nd for R olls , but chiefly in ootnotes merely the p urp ose of record ing the names of the offi c e- hol d ers for genealogical p urp oses . I think I may claim to be the first to make any extensive examination of the Cheshire

’ A 2 Ministers Accounts for historical p urp oses . bout 5 0

d Th e of years have been examine . series leases have d f never been ealt with be ore , which is remarkable in “ view of the fact that they are leases of the H und red ” of W irral , u p on which two sp ecial works have been written . As some of the old est courts of justice in the king d om d d d f , the H un re Courts seem to eserve uller treat

a nd ment than has been given to them , I have here d d f d en eavoure to trace , rom such recor s as exist, the history of one . I am not aware that the d evolution of d d f d d f a H un re ranchise has ever been trace in etail be ore , though a similar chain of d ocuments might p erhap s be d f u nrolle or other H und reds . But very few Hu ndred Courts were at all active after the e nd of the eighteenth viii PREFACE

a nd d f century, it is more than oubt ul if the last years of of the Wap entake Wirral have any p arallel . M ﬁ y aim in writing this book has been , in the rst d f p lace , to make it an accurate recor o facts ; a nd d d though , as a secon ary object, I have trie to make it

d d f of as rea able as I coul , rom the very nature the subject it has not been p ossible to avoid some d ry d etails a nd a of A certain amou nt legal technicality . t the risk of

making the narrative a little jerky, I have generally dealt

with events in chronological ord er . T o those to whom the ancient history of so p rosaic

an institution as a law court may p resent little interest,

d . f a suggestion is made . I t is that they rea Part I I o

. If d f this history ﬁrst then , as can har ly ail to be the

f d of d of case , a ter rea ing the extraor inary events , some ﬁf f which took p lace little more than ty years ago, they eel any curiosity as to the origin a nd history of the legal d of p owers so grossly abuse , the early p art this book

h 0 e f . may, I p , enable them to satis y it Th d d O ne word as to the title of this book . e H un re s d a nd d of Cheshire were never calle Wap entakes, that wor d oes ' not occur in any record s of the Court of Wirral excep t in the Ac t of Parliament abolishing it . B ut it has d a nd been commonly used to escribe it, as the existence “ ” of two works on the H un d red of Wirral rend ers that f d title u navailable , I have been le t to a op t one which , historically, is p erhap s inap p rop riate . P f r d ue . . . o My thanks are to Josep h H oult, Esq , J , PREFACE ix kin dly allowing me to see d ocuments a nd deed s relat i n M r g to the Wirral M anor H ouse ; to essrs . R obe ts a nd M a rtyn of Chester fo r read ily allowing a ccess to the

-d d f 1 8 2 0 n d a nd for title ee s rom to the p rese t ate , some

M r f A . . . o u interesting in ormation ; to E R oberts , the c c

a of M n for r a f p nt the a or H ouse , p a ticul rs o the Court

a nd for a house leave to p hotogr p h it ; to John B ingham , M . for . . . u i i n a nd Esq , the p hotograp h ; to M essrs J Q g g S on for valuable information with regard to the events

’ -M subsequen t to S amuel H . oreton s d eath ; to William

. d B . A . A . . . . . S Farrer, Esq , Ballar , Esq , , L L B , E tewart

M . A B rown , Esq . , . , William Coop er, Esq . , W . Fer A d gusson I rvine , Esq . , n rew Commins , Esq . ,

n . A . d . M . LL . D . , Robert Gla sto e , Esq , Ju n , ,

T S f r . . . o d Cap tain F C Beckett, M r homas mith B i kenhea ,

a nd . T a d for d M r hom s Fiel , assistance in many etails ; to the Board of Treasury for p articulars of the com p e ns a ti on p aid on the abolition of the H und red Cou rt ;

of d r a nd nd to the Commissioners Woo s , Fo ests , La Revenues ; a nd to ma ny othe rs who have kin dly rep lied

Th e d d r a nd to inquiries . stan ar wo ks on constitutional

a d nd r legal history have been l i u er cont ibution , whilst the Calendar of the Cheshire Recognisance R olls has been n a i valu ble . Th e collection of the information from the Record

O fﬁ old r d ce , county histories , newsp ap ers , legal p ocee

a nd r ings , ancient inhabitants , many other sou ces has been

r. . K . no slight task . M W Boyd has taken great trouble x PREFACE a nd interest in making extracts for me from the Cheshire

’ M n M f r a A . o re i isters ccounts any the ent ies obscure , but I have d one my best to get at their meaning a nd

d r of a f As consulte p e sons gre ter exp erience than mysel .

’ d r of r f d regar s the last yea s the Cou t s existence , I oun the re are only very fe w p ersons living who h a ve a ny p ersonal recollection of the fa cts connected with its aboli

a nd fe w r n d d a tion , in a yea s more ma y etails woul h ve

f r a nd been lost o ever . There are gap s omissions which

d d d a nd d r r I shoul like to have avoi e , oubtless e ro s which will be p ointed out ; but I venture to hop e they are not

a nd S of f serious , that in p ite them the acts will be thought worth record ing .

- TEWART R W . R . S B O N

FA R OAK I S , B ROMBOR O H UG , W R RAL November 1 0 . I , 9 7

’ M . A M . . ini sters Ac c ounts (Ches hire)

C . R . R es e s Rec ords . . Ch hi re R ec ognisanc e R olls (W l h )

C R . . r r s P . . Cheshi e Plea Rolls (Wel sh R eco d ) C ONTENTS

PRE FACE

PART I

I . T HE H UN D R E D C OU RT

R - I I . F O M AN G LO SAXON T I ME S TO TH E E ND OF THE T H I RTEE N T H C E N T U RY

TH E S E R EA T D E D ELL T E C I I I . J N S AN B S OF H PEA E

TH E R E E E AND AR M S T H E D RE D IV . V N U F OF H UN OF WI RRAL F R O M 1 3 5 2

TH E LE S S E E S T H E D RE D RRAL AND V . OF H UN OF WI

T E R D T E S 1 2- 1 02 H I U I , 3 5 4

H E R - . T D E D R RAL 1 0 1 0 VI H U N OF WI , 4 3 5 9

R M E R ND THE E T . TO T H E E TEE VI I F O H N Y VI II . OF IG H N H C E N T U RY

PART I I

L R DS O F LL AM S 1 8 20- 1 8 2 O H IP JO H N WI I , 9

L R D S O F SAM E L LL AM S 1 8 2 — 1 8 O H IP U WI I , 9 5 3 LO R D S H I P O F SAM U E L H O LLAN D M O RET O N L O R D S H I P O F S AM U EL H O LLAN D M O RET ON

XI I TH R E LL CAS E . E M O TON WI XI xii CONT ENTS

AP PE N D I CES

T C ER S R TH RE D 1. LI S OF OFFI AND LO D S OF E H U N D OF W I R RAL

M E TS ETC I I . D C O U N ,

1 a rms of th e und red of rra 1 2 ( ) F H Wi l , 3 5 (2 ) Lea s e of th e B ed el ry to H enry Ie B ruyn and R i c h ard de Pres t 1 nd 1 0 , 1 39

Lea s e of th e B ed elr to T oma s d e a e 1 (3) y h W l y, 397 (4) Lea s e of th e B ed el ry to Joh n d e S ayne sb u ry and H ugo d e Brum

ur 1 0 . b gh , 4 3

n Lea s to S ir T oma s Stan e and r e r e ot e s 1 . ( 5) H y VI h l y h , 44 5

6 enr . s Lea s e to R o e rt Tra fford 1 0 . ( ) H y VI I b , 5 7 ’ r V I I Lea s e to o n a I th ell a nd am s B t n en I . s e eb n o 1 0 (7) H y J h p J y , 5 9 ’ 8 ueen E a et s Leas e to Cut ert ena e s 1 6 ( ) Q liz b h hb V bl , 59 ’ ’ C a r es I . s Lea s e to a m T ra ﬁord 1 6 2 8 (9) h l Willi , ’ 10 C a r es I I . s Lea s e to o n C a rter 1 66 2 ( ) h l J h , ’ r I s L o ma s od 1 1 1 C a es I . ea s e t T o D 6 ( ) h l h , 79 ’ ueen Anne s Lea s e to o n S c ore r 1 0 ( 1 2) Q J h , 7 4 ’ 1 eor e I I . s Lea s e to o n C e 1 ( 3) G g J h l gg, 7 34 ’ eor e I I . s Lea s e to o n C e 1 ( 1 4) G g J h l gg, 7 59

As s nment of th e undred to o n C e 1 8 ( 1 5) ig H J h l gg, 76 ’ eor e I I I . s Leas e to o n C e 1 8 6 ( 1 6 ) G g J h l gg, 7

h e C rown rant to oh n ams 1 8 20 ( 1 7) T G J Willi ,

I N D EX OF N AM E S AND P LACE S

I N D EX O F S UBJECTS THE

WAPEN TAKE O F WIRRAL

PART I

C HAPTER I

TH E HUND RED C OU RT

M eaning of H und red a nd Wap entake— Th e H und red Franchis e Civil a nd C rimi na l j uri s d ic ti on— Forty S hilli ngs limi t— Vi ew of Frankp l edge— S ubj ec ts ' — — — — ’ of E nqui ry The J udgers Th e Aﬁeerors Th e S uitors Th e Sh eriﬁ s Turn.

THE H un dred of Wirral is one of the seven H u ndreds of a nd Cheshire , is the name given to the narrow strip f o land which sep arates the M ersey from the D ee . Th e object of the p resent work is to give a C hronological

fa r d f account, so as it can be gathere rom existing

d of d f . recor s , the Wap entake or H un red Court o Wirral Th e history of the H un d red itself a nd its inhabitants

’ f of a nd for f orms no p art the writer s scheme , it re erence d must be ma e to other works . After a brief exp lanation of the nature of a H u nd red

few d f f Court, a scattere re erences to that o Wirral will be used to throw light on its history u p to the midd le of f d of the ourteenth century, when the recor s Cheshire f d d really begin . For the ollowing ﬁve hun re years it A 2 T HE WAPENTAKE OF WIRRAL

‘ will be p ossible to trace , almost without a break , the

d d a nd many han s through which this Law Court p asse ,

f d d f c to ollow it , through gra ual ecay rom natural auses , ﬁ of d d to a nal sp asm scan alous activity, lea ing to its ultimate extinction in our own times .

f f d of B e ore embarking, there ore, up on the etails the

of of of history the Court Wirral , a short accoun t the nature a nd jurisd iction of a Wap entake or H und red

A exa mi Court will first be given . scientific or critical d ffi nation will not be attemp te , but only su cient will be set d own to enable the reader to ap p reciate what is subsequently related . All our Courts Of justice d oubtless h a d their origin in the natural i nstinct of men to meet together for the d of ff for d f a nd iscussion their a airs , their mutual e ence , f r f d h o the settlement o their isp utes . T e d evelop ment of such meetings into organised a nd p eriod ical Folk a nd d moots , their sub ivisions into village meetings ,

a nd d tribal meetings , national assemblies , each u n er its d d d recognise lea er, have been exhaustively ealt with by

r a nd fﬁ d many w iters ; it is su cient to say, with regar

re - A - S d d to p nglo axon times , that the H un re Courts (to take the subd ivision with which we a re here con

d d d d r cerne ) , u n oubte ly originate in p imitive meetings ,

ai r of d of gene rally in the op en , bo ies p ersons having

of f d commu nity interests by reason o local resi ence . Th e origin of H un d reds a nd Wa p entakes is mainly a matter of sp eculation Iip on which a great d eal h a s THE HUNDRED COURT 3

d a nd a d alrea y been written , no attemp t will here be m e to

Th f n d nd d e r d iscuss it . e d ivision o E glan into H u re s p

a d f a nd h p s ates rom the seventh or eighth century, both 1 H und red s a nd Wap entakes are mentioned in the laws of ” d A D . d d E gar ( . 9 5 9 by which time the term hu n re h ad u r lost all numerical signiﬁcance . For p resent p “ ” “ p oses hun d red s a nd wap entakes may be treated

a nd d of as synonymous , meaning territorial ivisions a

S S hire . A hire was d ivided into so many hund reds or

of wap entakes , each the latter comp rising so many vills or township s . I n Anglo -S axo n times the two p rincip al local courts of justice in the shire were a H u nd red Court for each

d d a nd t h e S for H un re or Wap entake, hire Court the f whole county . Th e p roﬁts of jurisd iction in the ormer (with which alone we have to d e a l) were a Royal p er

u i s ite f a nd d q or ranchise belonge to the King , but f requently were granted to ind ivid uals or churches . Th e p ossession or Lordship of a H und red d id not imp ly of d d d any rights p rop erty in the lan within the H u n re , but only a liberty or franchise to hold the H un dred Court a nd to exercise certain rights a nd p rivileges in

Th e d connection with it . p erio ical gatherings together of the men of the Hund red fo r jud icial a nd military p urp oses became so id entiﬁed with the d istrict as to “ ” “ ” d d a nd be called the H un re , or the Wap entake , so

Wa p enta k e th e ta king s toc k a nd c ount of thewe a p ons of th e a ble -bodi ed — - m n of th e d tr c t a wea o n ow n or oc a m us ter La t n M ons tra re to ow . e i s i p Sh i g l l ( i , Sh ) 4 TH E WAPENTAKE OF WIRRAL

those exp ressions came to be used to mean either th e

d r istrict or the Cou t . A H un d red Court h a d both civil a nd c riminal juris

d d A - S d f iction within the H un red . I n nglo axon ays olk right a nd custom would be d eclared at the sittings of the Court a nd the law exp ound ed to th e p eop le of the ﬁ f f H und red . Th e p ro ts o the Court were collected or the “ ” ff f d King by the royal reeve or baili o the H un red .

Th e r d r d d Cou t woul be p esi e over, or at any rate con

- d d r d d of d d . vene , by the H un e man or hea the H u n re

AS d d d d exer regar s civil juris iction , a H un re Court c is ed p ractically the same authority in the H und red

r d id d as the Cou t Baron in the manor. B esi es con trov ers ies d d resp ecting lan , it entertaine p ersonal suits f or d & c . ebt, tresp ass , , originally to any amount, but in 1 f of f S the reign o E dward I . a limit orty hillings was d f p lace on all suits in in erior courts , such as those of a nd the H und red County . Th e criminal jurisd iction of the Court after the Norman conquest was exercised in the Court Leet a nd ’

of d a nd S ff T . O ne of View Frankp le ge , the heri s ourn the original objects of the View was to insp ect the free men of the H u n d red to see that each was p resent a nd

f r d d h ad the necessary sureties o his goo con uct . I n course of time this safeguard for the p eace of the

1 ro a the e ff ec t of the S ta t. of ouc e s te r 1 2 8 . T s s u m e ua to P b bly by Gl , 7 hi , q l a out 0 of ou r mone of c ours e t en re re s ented a fa r a r e r ur s d c t on t a n b £3 y , h p l g j i i i h i a t Th e m t ex s ted w en th e C ourts w ere a o s ed i n th e n nete ent n l e r yea rs . li i i h b li h i h

c entur a nd wa s no d ou t one of th e ma n c a us es c ontr ut n to t e r d ec a . y , b y ib i g h i y

6 TH E WAPENTAKE OF WIRRAL

Th e rep orted to the Royal Courts for p unishment . “ essential d ifference between this body of jud gers a nd the mod ern ju ry was that the “ judgers were chosen f r d a nd d ff o their local knowle ge , p resente o ences which T they p ersonally knew to have been committed . hey

d d of f of were not , like the mo ern jury, simp ly ju ges acts

h a d d which they , in theory , no p revious knowle ge . Th e amercements were assessed by two suitors termed ” a ff erors d d e , whose uties will be explaine on a later ’l d a nd a nd p age . Persons un er twelve over sixty, women , d f d d were excuse rom atten ance, but all others resi ent d d d in the H un re were boun to be p resent, or to give f “ T satis actory essoynes or excuses . hese were the “ ” At d of . suitors . a later ate (in the reign H enry I I I )

a nd d a nd p relates , clergymen , p eers were exemp te , suitors

r d d o for we e p ermitte to ap p oint attorneys to suit them . Th e Court sat monthly a nd was p resid ed over by the

ff S d of d d a nd Baili or tewar the H un re , the p roﬁts went

of d d . T to the owner the H un re wice a year, however,

f a nd S ff of a ter Easter M ichaelmas , the heri the County “ ” d T r a nd d woul go on his ou n , or circuit , p resi e at the

Leet . I t was p robably only at these two sittings of the

a nd d u e a nd Court that suit service was , consequently the Court woul d be more largely atten ded than at the

T ﬁ a monthly sittin gs . h e nes nd fees on these two d ays went to the Crown or to the S heriff if he farmed his ofﬁce .

S ee os t a e 1 1 2 p , p g . TH E HUNDRED COURT 7

Th e c rimI nal or p olice jurisd iction of the H un d red Courts gradually became of less imp ortance consequent up on the establishment of Justices of the Peace with

d a nd d of a nd concurrent juris iction , the hol ing assizes quarter sessions ; a nd the Court survived to mod ern

of d times p ractically only , as a Court limite civil jurisdiction . C HAPTER II

F ROM ANG L O SAXON ’ TI MES T O TH E END OF TH E TH I RT EENTH C ENTU RY

Th e H und red C ourt of Wi rral— Wilav es ton th e meeti ng p lace— P red omes day times — D omes d ay references — Th e H undred C ourt i n N orm an D ays Exemp ti ons from attend ance— Bi rkenh ead Pri ory— Launc elyn of Poulton ’ E a r n s o rt e — M an r of s t n l Ra dl e C ha rter f Lib e i s o N e o .

A TER a nd f F having thus very brieﬂy, without re erence to

d a nd d of chronology, sketche the nature juris iction a

d d of of H un re Court , we may turn to the history that

‘ Wi rh a el W reh a le , y , or Wirral , as it was variously sp elt at d ff i erent p eriods . I n sp ite of the absence or scanty nature of early d d d d recor s , there can be no oubt that the H un re Court of Wirral existed in an organised form a thousand years a nd AS of d d of more ago . one the H un re s Cheshire , Wilav es ton or Wil a s ton (as Wirral was anciently called) d M woul have its ote which , p ossibly, at some very early T “ time may have met at hingwall , the Danish meeting ” “ Th Wila s town near Thurstaston . e name v e ton itself p robably refers to the meeting p lace of the

d d h a d H un d red . Every H u n re an ap p ointed p lace of f f d d assembly , rom which it requently erive its name . M any H undreds bear th e name of a village within their 8 FROM ANGLO—SAXO N TIM ES 9 bord ers ; others d erived their name from meeting at a

- r p rominent object such as a well known stone , ba row , or Th hill . e old Cheshire H und reds ch ieﬂy fell within the 1 f latter class . Probably the meeting p lace or Wirral was at a stone near where the village of Willaston l a ter

u wa s sp rang p . Whether the stone named after some 2 d Witl a f Wi rh a el one calle , or became known as the

a nd Wil a v es t n o of . stone , hence , is a matter conjecture Th e existence of such a stone in ap p roxim a tely the

of d d a nd d f f centre the H un re , the erivation rom it o the name of the H und red were suggested some years ago by s d another writer to whom , however , the i ea that it was the meeting p lace of the H un dred- mote d oes not seem to have occurred . Th e H undred of Wilav es ton comp rised upwards of ﬁf for ty vills or township s , the most p art lying in d d mo ern Wirral , but inclu ing ﬁve which are now p art

f d d of . o the H un re B roxton , viz , Up ton , Picton , Wervin ,

T ff d a nd d S . of ra or , Guil en utton Each these township s would be rep resented at the H und red - mote by their

Th e d d - reeve a nd four chief men . Hu n re man would p robably be nominated either by the King or by the Earl f a nd d d f d o M ercia , woul be assiste by twelve reehol ers

t n u ta n Wa r mu nde s trov Ati r w Exes a D d es s c os &c . s ee . B u c kl o B rownb ill e .g , , , , , , , " . f L . . i omes da oo . s t. S oc o . C . v ol . xv . N. S 1 C h es hi re n D y B k Hi , , ' - r ns ta nc e s of und r ed s e s ew er e s ee S tu s C ons t. s t. i . 1 1 20 F o i H l h , bb Hi , 9 , ' “ ” d s Th e D ome s d a n ue s t a nd omme on r m t e o Moots . B a lla r y I q , G P i i iv F lk 3 M r B row nb ill t n s . S ee his a er a r ea d referre d to . As . hi k p p l y a a c R e ort on or e s ore R ts 1 8 68 . T ere is rea s on to W. H . Bl k , p F h igh , h beli eve th e s tone exis ts und er one of th e fa rm hous es in th e villa ge . 1 0 THE WAPENTAKE OF WIRRAL

of th e H un dred in ad ministering justice . By them the law of England a nd the customs of the H undred would

d d of f d d be eclare , whilst questions act woul be trie by

a n Th e of comp urgation d ord eal . p roﬁts the Court d d d a nd would be ivi e between the King the Earl , the “ latter taking one third as the 3 rd p enny of the ” Cou nty . From Domesday Book it app ears that in the time of Edward the Con fessor the p leas of the County 1 Court a nd of the H u nd red Courts of Cheshire were farmed (or leased ) by one M ond ret (who also farmed

of for 0 a nd of o d . the City Chester) £5 , one mark g l We also learn from D omesday Book that the magis trates of the City of Chester were bound to attend the f sittings of the Hu nd red Court a nd were ﬁned 1 05 . i they were absent without reasonable excuse, the ﬁn e 2 d a nd being share between the King the Earl .

of d . When , up on the conquest Englan , William I

f d of c ons e became eu al owner the whole country , he quen tly became Lord of all H und red s a nd entitled to f the revenues o all the H u ndred Courts . These royal franchises in the case of most H un d reds remained d for veste in the Crown generations , though in some ‘ d d Th cases the Lor ship was sol or granted outright . e

d d of of os H un re s Cheshire , however, were p art the p

1 Th e ea s from th e ca ntred of I n leﬁeld were exc e ted p l g p . 3 “ S i u s d e H und ret r ema neb a t d i e uo s edeb a t s ne e u t q i q i xc s a ione ma nifes ta, " x s olidi s e menda b a t nter r e e m et mit m i g c o e . FROM ANGLO—SAXON TIM ES 1 1 sessions given by the Conqueror to the Norman Earls of a nd e d d f Chester, r maine alienate rom the Crown ,

d of S of u ntil , up on the eath John cot , Earl Chester, in

1 2 d . d 3 7 , H enry I I I took the earl om back into the han s of d d d of the Crown , create his son E war Earl Chester, a nd d grante to him , amongst other things , all the H undred s a nd H un dred Courts p ossessed by the 1 r of Norman Ea ls the County . Th e Court of Wirral u p to the time of the Con q u e ror would be atten d ed by such of the Abbots a nd Priors of the county as p ossessed land s in the H un dred a nd h a d of no charter exemp tion . E cclesiastical suits

d d a nd woul be trie there , p ossibly the Bishop sat with

S ff d d . the heri to assist him to eci e them William I . very soon removed all such p leas into the ecclesiastical

r d d courts . But the Chu ch ignitaries who owne land s

d d a nd d d in the H un re , their tenants , woul still be oblige ,

d a nd d o a nd as a rule, to atten suit service , though in T m a ny cases we shall ﬁnd they were excused . h e attend ance of ecclesiastics at the H und red Courts was 2 entirely abolished in the last years of H enry I I I . Whilst the H und red of Wil av es ton was u nd er the

N r d orman Ea ls , the Court woul be an imp ortant asset

a d d in their h n s , both as a check on the un ue growth

f a nd in inﬂuence of the Abbot o S t. Werburgh the

of d a nd of . Prior Birkenhea , as a source revenue

1 S e e rmerod . 1 0 w ere th e d eed i s r nted . O i 5 , h p i Ma r u 1 26 S ta t. of r o o . lb gh , 7 1 2 THE WAPENTAKE OF WIRRAL

T here are very few records relating to the Court at

r f these ea ly d ates . B ut we may eel sure that the H un dred - man a nd some of the freeholders formed ’ p art of the jury whose oath sup p lied to the King s Commissioners the d etails required for their survey of

d Th e i n the H und re contained in Domesd ay Book .

formation there given , however, relates to the ﬁscal

of d d a nd a nd resources the H un re s, the organisation d f d juris iction o the H undred Courts are not explaine . O ne of the earliest reminders of the existence of the Court of Wirral arises out of the strong religious f of d of eeling the times , which ma e it imp ortance to

d of for gain the goo will the Church , which p urp ose many f p r ivileges were granted . During the twel th century of d of d one the Ran les , Earl Chester, grante to the Prior of B irkenhead a nd to his monks that they a nd their freemen should be free a nd quit of the burden

of d f il a s n p aying suit to the H u ndre Court o W v e to . Ap p arently the monks used to p ay to the S heriff eight ’ a s S ff a id of d p ence ( heri s , or p erhap s in lieu atten ance

T a nd of d . at the urn ) , this also they were relieve Many

f d of d d . years a terwar s , in the reign E war I I I , the Prior of B irkenhead was called up on to p rove his right to a nd d d f this exem p tion , p ro uce the charter rom Earl d R and le as evi ence . I t also ap p ears from this enquiry that the Prior h a d been imp rop erly hold ing a Court for the enforcement amongst his tenants of the assize

of d a nd ff brea beer, o ences against which were only

1 4 T HE WAPENTAKE OF WIRRAL

Jl a nd ff d d riv il the S heri or ere to allow the p eg e . Another exemp ted p erson in Wirral was S i r William Troutbeck

of of . d for D unham who , in the reign H enry VI , claime himself a nd his tenants of the M anors of Little Neston

a nd f d f d d Hargrave , ree om rom all suit to the H un re d d f 2 Court, a p rivilege no oubt ating rom Norman times . M ention must also be mad e of a comp rehensive charter granted by one of the Ran d les to a William Fitz d d f f of Gerar which , besi es reeing him rom suit court

’ both for County a nd H un d red throughout all the Earl s

a d d a nd l n s , grante to him house bote , hay bote , ﬁre 3 d . bote , with license to p urchase lan d d Early i n the thirteenth century the thir R an le , ‘ of of Earl Chester, gave a general charter p rivileges f to his barons which will be re erred to again later on . A d d if “ d ” mongst other things , it p rovi e that any ju ger (or juror) or any suitor of the H u nd red or County Court d d ’ “ d ” shoul be amerce in the Earl s Court, the ju ger

S d f of a nd houl go ree on p ayment two shillings , the

1 C e s re ea R o s Ed . 111 . 1 2 Th e s a me c a rter wa s e x ted h hi Pl ll , 4 5 III . . h hibi

m H n . . a m La u nc el n d na a t th e te . e a d t o nfor m a t on e n en t p VII by Willi y , i i l i i b i g giv h c a rte rers we re on to a ns wer for off enc es e fore th e C ef us t c e of C es te r a nd h ly b hi J i h , t a t R o e rt La unc el n wa s to e th e Ea r one b a a r e r. . R. u nd a ted b u t h b y giv l y c h g C P .

H . . 1 6 . 2 0 en VII m .

rme rod . Exe m t n from s er c e on u r e of th e und r d a n O II 39 . p i o vi j i s H e d C ou nty C ourt wa s g ra nted to H a mo d e Ma s ey o n a c c ount of th e good s e rvi c e d one — for th e Ea r of a s c on a nd e s e c a a t th e a tt e of Poi c ti e rs R 6 Ed . l G y p i lly b l (C . P . . 3 39

. m . s o t i r . . . a o S o n Ma s s C . R . 6 Ed In 2 1 a nd to ma n III l J h y ( P 4 47 III . ) y oth ers . 3 . . . 1 2 d m . d . C P R 1 1 E . II . 4

Pa t . R 28 Ed . . oll . I FROM ANGLO -SAXON T IM ES 1 5

r of ill us tra t s uito on p ayment twelve p ence , a p rovision n ing the relative imp ortance of such p ersons . A im p ortant concession was m ad e by giving each baron - liberty to defend a ll his manors a nd lordship s in the H und red a nd County Courts by having his own steward p resen t there to rep resent his interests . I t was customary to p romulgate l a ws a nd ord inances

a at the H undred Court . Magna C rta must have been

d a nd d there p roclaime , another instance occurre , up on

1 2 of of the p assing, in 75 , the batch laws known as the

f d d . d statutes o Westminster, when E war I issue a man 1 d ate by letters p atent to the J usticiar of Chester to cause these laws to be read a nd solemnly p roclaimed in each of d d a nd the H un re Courts, in the County Court, the n f a d o . cities , boroughs , vills merchant the shire Lan d s were often held from the Crown un der the “ ” obligation of furnishing a ju dger at the royal a nd Th f local courts . e only case in Wirral oun d by the d d d writer is reveale by the enquiry hel on the eath , in

1 2 8 of d e M onta lt of f 7 , R obert , one a line o Cheshire d b a rons who were here itary stewards of the earld om . We lea rn that he held the manor of Neston i n Wirral from the King i n 6 215 226 by the service of ﬁn d ing a “ ” judger for the County Court a nd for the Court of the 2 H u nd red of Wila v e s ton . Th e H und red Court h a d no jurisd iction over th e

a t R o . Ed . . P . ll 3 I ’ i Willia ms on s V lla re C es t. 1 6 THE WAPENTAKE OF WIRRAL

Forest of Wirral a nd all p leas relating to forest law a nd custom were d ealt with at the Forest Eyres by royal , f d d justices . We may in er, p erhap s , that uring the p erio ’ ff d d of Wirral s a orestation , the H u ndre Court woul not

be very largely atten ded . C HAPTER III

THE S ERJ EANTS AND BED EL L S OF TH E PEA CE

— ’ Police s ys tem of the Earls of Ch es ter G ra nd S erj eant— Randle s c h arter — S erj eants of Wi rra l— F arm s of H und red C ourts Th e b edell and ba iliff A us es — n u s m w r t on te . Ed a d . b I q i i i , p I I I

S U C H are the very sca nty references a nd facts that can be gathered together with regard to the history of the u of f Court p to the commencement the ourteenth century . S f d oon a ter that ate material becomes more abund ant . f of B ut be ore we p lunge into it, an outline the p olice system of the Earls of Chester is necessary in order to app reciate the p osition of the offi cials whom we S hall n d d fi d controlled the H un re Courts . Before the institution of justices of the p eace th e p reservation of law a nd ord er was entrusted to certain f d of d p alatine o ficers , calle serjeants the p eace , un er

f d S . T r the control o a Gran erjeant hese se jeants , d d ff of d atten e by a sta assistants , known as be ells , d d d of p erambulate the H un re s , taking cognisance all

T a offences against the p eace . hey h d p ower to arrest ff d a nd d d o en ers, in early ays might instantly behea

if or if ffi d them , caught in the act, su cient evi ence was

d f a nd fee of imme iately , orthcoming, claim a a shilling 1 7 B 1 8 T H E WAPENTAKE OF WIRRAL

‘ a head from the Earl ; otherwise they h ad to p resent the robber or wrongdoer for judgment at the H un d red

’

f r . T d Court, or be ore the Ea l s justice heir uties also d of include making p roclamations , the execution attach

a nd d a nd of ments istresses , the service summonses

Th e of d a nd writs . exp ense the maintenance (calle “ ” p u tu ra ) of these serjeants a nd their retinue lay up on d d f o . the H u n re , or rather up on certain its inhabitants We ﬁnd t ha t only those p ersons who resid ed on wh a t “ “ ” were called Wa rela nd s or Wa rl a nd s were bound

Th e to afford this maintenance in rotation . exact nature “ = of Wa rl a nd s (from wa m wa rd ) has been the subject ” of much d iscussion , but as this was chieﬂy in con nec

d s tion with its use in D omes ay Book, it is not nec e f “ ” d f sary to re er to it here . Wara means e ence or 3 r a nd d p otection , in Domes ay seems to have been “ ” ap p lied to lands which d efend ed or exonerated other land s from p ayment of the Danegeld by taking over a nd d the liability having their own assessment increase . T his d oes not at ﬁrst seem to be relevant to the ” Wa rla nd s of Cheshire in the thirteenth a nd four n h tee t centuries , but the connection may be found in 4 a not u nwarrantable assump tion that after the geld

1 d e Th e b ea d s we re ex te a t C s ter C a s t e tem . Ed wa r d . a r MS S hibi h l , p I H l . .

2 1 1 20 2 2 . For a n ns ta nc e of th e a ment of th e fee to S i r R c a rd 5 , 74, 3 i p y i h S utton

d s a el a h i s w fe s ee M . A. 1 . a n I b l i , 77 3 “ i “ a na e i n En a nd V no ra d off . 2 1 e ud a En a nd R ound Vill i g gl ( g ) , i 4 ; F l gl ( ) ,

1 1 a nd e s ew er e . 7 , l h “ 3 t ms d n “ S e e or ou C us o S e e v ol . c x. a nd B gh ( l II . li , Feud a l Engla nd

(lac. c i t

S u e s ted to the wr ter Mr . a a rd a nd c onc urred in rof V ino ra d gg i by B ll , by P . g off. SERJEANTS AND BEDELLS OF TH E PEACE 1 9 d d f cease to be levie in the twel th century, the term “ wa rla nd p erhap s became used simp ly to mean l a nd s which acquitted other lan d s of a ny ren d ers or p a y ments ; a nd thus was ap p lied to those land s in the H un d red from which alone p uture for the serjeants of 1 f d d . the p eace , or orest serjeants , coul be exacte of f From a record the reign o Ed ward I . it app ears that the lowest kind of wa rl a nd in Cheshire contained

a nd for f an acre , that no p uture ( the orest serjeants at ’ least) could be exacted from tenants of less . Payment

- d f d d d &c . d in kin , oo , rink , corn , ogs meat, , constitute “ ” of the original p uture , but in course time it was commuted into a monetary p ayment .

d a nd d h a d D uring their roun s , the serjeants be ells “ ” ot a nd d d d to take p luck , were only entitle to eman such meat a nd d rink as might hap p en to be in the d O house when they visite it . nly two , or at the most

of d d three, the p arty woul be billete u p on each house , ’ a nd f a nd n a ter a sup p er, a night s rest, a morni g

h a d meal , they to move on again , leaving that house free from the obligation u ntil its turn came round 3 again . There seems to have been originally twenty serjeants

1 “ ” “ Wa rla nd i n C hes hi re s eems to b e th e s a me a s ter ra p utura e cf : p l ea s of a ron of D un a m M a s s a r . MS S a nd of a ron of a ton rmerod B h y (H l . B H l (O

i . 3 ea of fore s ter of D e a mer e 1 Ed . L a r . MS S 2 1 1 2 2 a nd r nted Pl l (3 ) , H l . 5 , 3 , p i

rmerod . 1 0 O ii 9 . 3 “ A s m a r nd of s tem t t f D omes da a nd th e i il ki ys o the ﬁrma uni us noc is o y , wes tva of a es g W l . 2 0 T HE WAPENTAKE OF WIRRAL

of -s erv i e nts for (with , course , numerous sub ) the whole of of and d Cheshire , but the charter R le the thir , d d d d of alrea y mentione , re uce the number in time

for S r p eace to twelve , with one horse the Master e jeant (for which free p roven d er could only be claimed between

a M of Easter nd ichaelmas by courtesy), though in time war the number of the serjeants was to be regulated

a An by the advice of the barons nd the judges . attemp t to remove a grievance may be recognised in the statement in this charter that the serjeants were no longer to exact gifts or sheaves of corn as p art of their 1 Th d a nd d f board a nd lodging . e ignity juris iction o d f the great barons , to be mentione later, was sa e

’ guard ed by a p rovision that the Earl s serjeants were

of not to eat in any their manor houses , or to exact

d a nd d f boar lo ging rom them . Th e Grand S e rjeanty of C heshire was a hered itary

fﬁ d S a nd M o ce hel by the uttons other barons of alp as . B ut the jurisd iction of the Grand S erjeant d oes not seem 2 d d M a c c les ﬁeld to have inclu e either or Wirral . Th e S erjeanty of the former was held at the commencemen t of Ad d e S the thirteenth century by one am utton , but 3 1 2 2 0 d f about it was grante to the Davenp ort amily, while the exemp tion of Wirral from the general system

‘

C . th e ro s on i n th e or es t C a rter of Hen. . t a t th e ede l s a re not t f p vi i F h III , h b l o ta e s c ota e or s ea es m ro er k l h v i p p ly. 3 a r . MS S . 2 1 f. . H l 5 5 , 75 8 ’ " Th e c a rter i s r nted i n Ea rwak er s Eas t C es re . . Se e a s rme h p i h hi , ii 379 l o O ' od s e e 6 1 . r C h s hi r iii.

2 2 THE WAPENTAKE OF WIRRAL

here , illustrating in the most amp le manner what were

o of a nd th e d uties a nd p rivileges these baronial serjeants , ’ has been used to throw light up on those of the Earl s 1 d . serjeants , which woul certainly not be less imp ortant Th e manner in which the close connection of the bedells with the H un d red Court a nd their control of it seems to have arisen must next be traced .

AS of of the rep resentative the Earl Chester, the

for of a nd S heriff was resp onsible the revenue the cou nty, ’ a d d h to ren er accou nt, at the Earl s exchequer at Chester,

’ f a n f for the income o the Earl s d emesnes d ranchises .

T a nd of o assist in the collection realisation this revenue ,

fﬁ d d of various o cers were app ointe , escheators , ven ors

f a d o f nd . the goo s elons, many others Th e p roﬁts from the H und red Courts of the County

d a nd Palatine contribute a large an nual sum , its col lection was p laced in the hand s of the ofﬁ cers of the

H und red . I n many cases the revenue would be simp ly “ d u collecte by ap p rovers , but a system grew p of farming out the right to collect the p roﬁts of the H un d ff S f d red Court to the be ells or to the baili s . uch arms carried with them either the whole or p ortions of the

f d d for issues o the H u n re , which the lessee p aid a yearly

a nd rent, when he took the whole p roﬁts , he naturally used to p resid e by himself or a steward in the H und red

1 ’ S ee O r m e rod s C e s re v ol . . 0 a ton . 6 1 Da e n ort h hi II 7 3 (H l ) iii ( v p ) II .

60 1 M a a s . 1 8 K nd e r ton . 26 D un a m . 0 S toc ort 1 ( lp ) iii 7 ( i ) i 5 ( h ) ; iii 79 ( kp ) ii . 08 (D el a ’ “ ” — Ea r wa k er s Ea s t e s e . . mere . A s o C r . ) l , h hi , i 345 ; ii 3 7 SERJEANTS AND BEDELLS OF TH E PEACE 2 3 Af . d Court ter p aying his rent, he ma e what p roﬁt he could out of the fees a nd amercements or so much of

h a d d . I f f d them as he lease he arme the whole revenue ,

d for of the be ell became, the term his lease , to all intents a nd d of d d a nd d p urp oses lor the H un re , as such woul natura lly be a p erson of consid erable imp ortance a nd inﬂuence in the county ; a nd his p osition must not ’ be confused with the lowly one of th e mere sheriff s

fﬁ f a nd o cer, whose chie business is to serve writs levy executions . I t is not surp rising to ﬁnd the bedells as farmers of

Th e f the H un d red . serjeants o the p eace (whose assis tants they were) h a d the d uty of p resenting offen d ers at

nd d a nd S ﬁnd d d the H u re Court, were, we hall , rewar e

of ﬁ d of with a p ortion the p ro ts . No oubt, in p rocess d d fﬁ time , the be ells became localise o cials in each Hun

d r d f d a d . e , the Court o which they woul regul rly atten I ts business would to a consid erable extent d ep end up on

a nd f ﬁnd their activity, it is there ore natural to them

fﬁ of leasing an o ce , the p roﬁts which their own exertions

d T h e fﬁ of d coul largely augment . o ce be ell seems nearly always to have been held in conjunction with that o f ff of d d fﬁ of the baili the H un re , who was an o cial the

r d c d r d of Ea l , charge with the exe ution in the H un e the

r r oyal a nd p alati ne writs a nd commissions . H e p e hap s a a a n d lso ssisted to collect subsid ies d taxes . H e oes not seem to have taken much p art in the local administra tion of d f f justice in the H undre Courts , but rom the act that 24 THE WAPENTAKE OF WIRRAL d fﬁ the same p erson nearly always hel both o ces , it is very d iffi cult to d raw a d eﬁning line between the d uties d of bed ell a nd bailiff. B ut it is the be ell who always

’ app ears on the S heriff s accounts in connection with the of d d ﬁnd issues the H un re , whilst we shall that it is to the bailiff that all royal commissions a nd ord ers affecting

d d d d of the H un re are always irecte . I n course time

ffi d a nd ﬁnd f the two o ces p ractically merge , we requent “ ” f S fﬁ f mention o one ingle o ce o bailiff or bed ell . No

d of f d of one coul , course , be orce to take a lease either “ fﬁ d for a o ce , but there is grou n thinking t hat the p ” p rovers were sometimes app ointed without regard to

a nd d f oﬂi c e . their wishes , were boun to serve a term o

for of d We have , examp le , the case William Partri ge , to f f f whom , as a sp ecial avour, having allen rom his high 1 d of estate , letters p atent were grante by th e Prince

of f Wales exemp ting him , on account his p overty, rom ’ “ ” d ff ff d c a tc h being app ointe a sheri s baili , be ell , or p ol d d of in any H u n re Cheshire . Th e farming of these ofﬁces led to great hard ship in of d S ff a nd many p arts Englan , both on the heri s on the county . Each shire was assessed to a certain rent or f for f ff arm , the collection o which the S heri was p ersonally

. d d d f resp onsible Each H un re was rate to this arm , d which was occasionally raise by royal surveyors . I n some cases the S heriff himself used to let the p roﬁts of

1 C . R . R . No. m . 1 d . 1 . A ood d e s c r t on f th e ed el t 75 , , g ip i o b l , bo h a s fa rm r d a r i s R t — e a n o er en in o . un 2 . pp v , giv H d . ii . 04 5 SERJEANTS AND BEDELLS OF T HE PEACE 2 5 the H und red s at a higher rate than that at which they w d f ere assesse , the armers in their turn having to exact

the increase in some way out of the p eople . I n other

S of of f of cases , in p ite the raising the arm the shire , there would be in existence leases by the Crown of the

d d old S ff notwith s ta nd H un re s at the rent ; but the heri ,

d for d ing, was ma e resp onsible the increase assessment , which he h a d to account for either out of his own p ocket f of or, more usually, by exactions rom the p eop le the 1 r d H undred . Va ious laws were p assed to reme y these

a nd ff of similar grievances , the e ect which was to p revent

f of d d a nd the sale or gi t outright a H un re , also to p rohibit leases excep t through the S heriff of the county a nd at the rent for which he was resp onsible the rents were also to be reduced to the amounts which formerly h a d been S f p aid . tringent inquiries were held rom time to time

d of S ff a nd ff f d into the con uct the heri s baili s o the king om ,

a nd d d for many were ismisse misbehaviour . These abuses p rincip ally took p lace in the thirteenth

a nd d century, , owing to the ate when the regular p alatine

d S d recor s begin , there is little to how whether they occurre

. T in Cheshire as in other counties here can , however, be

d d id a nd d d o a nd no oubt that they , continue to so , that the H un dred s of Cheshire were farmed by the Earls a nd ff T d their S heri s in a burdensome manner . his woul be the easier because the laws of the rest of the kingd om d not f d a nd d coul be en orce in the county, the reme ial

1 2 Ed . I 1 2 Ed I I I . c . &c . I I . e . ; 1 4 . 9 , 2 6 TH E WAPENTAKE OF WIRRAL f d d measures re erre to woul have little or no effect in it .

ﬁnd f d r o d . Moreover, we that in the reign E war I I th ee justices iti nerant were ap p ointed to inquire into the

of ff a nd behaviour the p alatine baili s ministers , a com mission d oubtless ren d ered necessary by their exactions

a nd of oﬂi c e . d abuse I n other ways , too , the p rocee ings

a f d Th of the Ofﬁ cials h d requently to be looke into . e loss or misap p rop riation of the fees p ayable in the H un d red of M a c c les ﬁeld in lieu of p uture was the subject of inquiries

1 2 8 1 1 a nd a nd 1 ﬁnd d d in in 3 5 7 we E war I I I . 3 add ressing a letter to the J ustice of Chester command ing

of him to summon the serjeants the p eace , as it was alleged they h a d leased their ofﬁ ces to und utiful p ersons

’ who were slack in maintaining the King s p eace a nd even

d of Th e conceale the commission tresp asses . way in which the oﬂi c e rs of the H un d red s abused their p osition ‘ is clearly S ho wn by an inquisition in the reign of Ed ward

T h e f d f f I I I . reehol ers (or charterers) o the county o Cheshire comp lained of u nd ue op p ressions a nd extortions p ractised by the bed ells (who were sometimes called f u se rjeants o the Chamber) . I t seems that p to the

a nd R d e B ulk lei h S ff of time of E dward I . obert y g , heri

d h a d d r Chester, the be ells serve their summonses in p e son ,

of f d certiﬁed by the testimony two reehol ers at the Courts , but subsequently the bed ells h a d forced the freehold ers to

a nd f of serve the summonses , took ﬁnes rom them one ,

1 2 R 1 Ed . 1 u P a t. o 1 . . 6 . P a t R o Ed . I . . 1 . . ll , 9 i 47 ll , 7 3 1 os e R o 1 Ed . 22 6 . C . P . R . a Ed . 111. m . 1 . C l ll , 4 5 5 SERJEANTS AND BEDELLS OF THE PEACE 2 7

d d o two , or three p ence that they shoul not be sent to so

fa r f . d d rom home Later on , the be ells, growing bol er, not only d elivered to the freehold ers the p a nells of names d d S ff a nells of u n irecte to them by the heri , but other p

d a nd f d f d limite names, orce the reehol ers to serve the summonses both within a nd without the H u nd red in

d d of ﬁne The of which they live u n er p ain a . J ustice Chester en d eavoured to avoid hold ing this inquiry as he saw it would ten d to the great decrease of the revenue of

S ff f d d . the heri , but he was orce to p rocee I n the result it was d ecided that the freehold ers were bound to serve

d d a nd for the summonses , but only in their own H un re , p a nells of twenty- fou r names a nd that they could only be called up on to testify to the service at the next sitting of f d d the Court . No reehol er was to be calle up on to serve a secon d summons 1 until all others in the H un d red h a d

d a nd d serve in turn , the be ells were no longer to take

f for th z r n gi ts , such as straw thatching ( ggy g ) or casual 2 a l cena l e d meals (f ) , but were only entitle to their p uture

of d Wa rl a s in the houses p ersons resi ing on nd .

i The s u mmons i n th e c a s e of th e ne ighbour ing H und red C ourt of Edd i s bury wa s a nc ent erfor m ed a m es s e n er wh o ore a a r e oa e n b a e rfora ted a nd i ly p by g , b l g k ll , p s un on a ea t er t on th e end s of w c we r e ﬁxed on a n ron b a r After s ummon l g l h h g , hi h i . i n one tow ns th e mes s e n er wa s met on th e m ts of th e next a not er m a n to g hip , g li i by h , w om b e tra ns fe rr ed th e s ummons a nd th e al w c were s ent in t s ma nne r ro und h b l , hi h hi

und re d . rm e rod th e H O ii . 4 . 1 P r ofe s s or S kea t thi nk s th ig g y ng i s th e Anglo-S a xon thig ing = th e ta ki ng 7 ’ f a n t n to e a t or d r n A . 1 0 S . . 2 b ut for r ea s ons en in JV o y hi g i k ( 63 Q . viii 9 ) giv . Q . ” - = 1 0 S . . 2 6 th e w r ter t n s it i s An o S a xon th ec c a n tra w or t a tc . Th e viii 9 , i hi k gl S h h ’ w r ite r a d op ts Profe s s or S kea t s vi e w a t th e for m er r efe r enc e tha t fulc e na l e ma y b e " tra ns a ted a s a c a s ua n S m a r nd s of exa c t ons de s a nd re t l l l u c h . i il ki i by be ll fo s ” ” ” - offi c ers were filc ta le or field a le a nd s oth a l e or s c ota e . , , , l C HAPTER I V

TH E REVENUE AND FA RMS O F TH E H UND RED O F WI RRA L F ROM 2 35 2

’ D ec li ne of th e H und red Courts — Th eir s ourc es of rev enue— Pe lf— Th e S h eriff s ac c ounts — Th e s s ues of th e b edelr — r s on s u t— a fs — The rents of W rra i y P i i W i i l , 2— 1 3 5 1 445 .

T HE d evelop ment of the system of itinerant justices a nd of trial by jury would in a very great measure d etract from the imp ortance of the H undred Courts by removing the

f d a nd more im p ortan t criminal cases rom their juris iction , d d d in common with other H u n re Courts , we can ate the d ecline of that of Wirral from the rise in p ower of the

of of n justices the p eace , the establishment quarter sessio s , a nd the changes a nd imp rovements in the general judicial

ff d of . system e ecte in the time H enry I I I , although all f ff these d id not have their ull e ect in the Cou nty Palatine . T his d ecay of the ancient Courts is amp ly evid enced by the

1 6 d p etitions p resented in 3 7 to the Goo Parliament . I t is clear from them that the H und red Courts of the kingdom

d d ue a nd were being hel irregularly, without notice , at

d O S f other than the usual p erio s . nly a hort time be ore it 1 h a d become necessary to re- enact the p rovisions of Magna ’ Charta that the S ittings of the S heriff s Turn should only

1 d 1 E . c . 1 . 3 III . 5 2 8

3 0 TH E WAPENTAKE OF WIRRAL

centu ry with the accounts of the S heriffs a nd the oﬂi c ers

of d d of d the H un re , the main sources the p roﬁts obtaine from a Cheshire H un d red Court a nd its leet jurisd iction in the thirteenth a nd fourteenth centuries will shortly be T d ind icated . hey woul includ e the ﬁnes a nd amerce ments a nd the fees arising from the civil a nd m inor

r f a nd c iminal cases which came be ore the monthly Court,

f d a nd be ore the great leet hel bien nially, known as the ’ S heriff s T urn also the ﬁnes inﬂicted for non - atten dance of suitors of the H un d red at the an nual View of Frank

d or for of p le ge , neglect on the p art those liable to serve of as jurors in the monthly Courts . A certain amount revenue would also come from the comp ositions p aid for d d exem p tion from attend ance or service . I n a ition to

r d these , the e woul be various royal p erqu isites which , in

f d d r el i e s f d the case o Wirral , inclu e such items as f , eu al fees p a yable to the Crown on taking u p an estate in the

d d es ch ea ts of d d H un re ; , p rop erty the owner which ie

a nd a n for intestate without heir, or other reasons revert ing to the Crown ; the right to en force by ﬁne the as s i z e of b r ea d wi ne a l e a nd beer a nd , , , , regulating the quality weight of those commod ities — after being ﬁned three

a nd times the bakers were liable to the p illory, the

A of brewers to the tumbril . most lucrative source income “ ” were the waifs ( vag a ) which included the g oods a nd clza ttel s o el ons u i ti v es s u i cides a nd outl a ws f f , f g , , ; these were forfeited to the Crown by the consequent attaind er of d bloo . We ﬁnd that in Cheshire a p rop ortion of such THE REVENUE AND FARMS OF WIRRAL 3 1 good s were granted to the serjeants a nd bed ells of the

of fﬁ a nd p eace as a p erquisite o ce as a stimulus to activity, “ ” ” a nd r of f f d bo e the name p el or p il re . Un er this title , ’ r f of d the se jeants took the elon s best beast each kin , all

d a nd a nd woo en vessels articles , linen woollen cloths , a

of d a nd quarter his threshe corn , in some cases his money , if d id d d it not exceed one hun re shillings . Everything d d ma e or boun with iron seems to have gone , with the ’ 1 d of f d . resi ue the elon s goo s , to the Earl “ ” Th e right of the se rjeants to p elf was questioned f (p robably in the reign of Edward I I . ) in the case o the seizure by the bed ells of R ichard d e S utton (the Gran d S erjeant of Cheshire) of the good s of one William l e

of ha d d d Berch Hatherton , which been re uce into the royal custody by the coroner for the H un d red of Wich

M a lb a nk O ne of d d (Nantwich) . the be ells was summone , a nd a d d of p le e the custom , but as , in the absence his d d d master, he coul not p rove it, the matter was a journe T d of to the n ext County Court . here is no recor the ’ 2 d d f . ecision , but p robably it was in the be ell s avour

S d of f trictly sp eaking, the goo s elons committing the more serious felonies would not come within the p urview of d d f d re the H un re Court, as the elons coul only be p o rted a nd not sentenced there ; but it was the d uty of

1 For fu rt er d eta s feren n i A to th e s ee th e re c es e n note 1 . 2 2 a n te. s h il , giv , p , ” c orn s e e note 1 . os t. e f i s m ent oned i n th e on eton c a rt e r , , p 39 , p P l i C gl h M a r . S S . 2 0 f. 1 r merod 6 a nd a uota t on c onta n n i t i s r nte d H l 74, 94 ; O , iii . 3 , q i i i g p i i n or ou u s tom t tra ns a ted C s S e d en v ol . . 6 w ere i t i s na c c ura e B gh ( l . i p 5 , h i ly l ” a s fer ed ood s p il g . 2 a r . MS S . 200 unda ted H l 9 , f. 45 ( ) . 3 2 TH E WAPENTAKE OF WIRRAL

d ff d of the be ells to arrest all o en ers , whether high or

of a nd d low d egree guilt, the right to their goo s became one of the recognised p rivileges attached to the H un dred

Court . Returning after this d igression to the p erquisites of

n es tr a s the Court, we must me tion the y , valuable cattle a nd horses straying into or found wand erin g in the

d d f d ue H un re , without a known owner ; a ter p roclama tion by the bed ells in markets a nd fairs a nd the ex

i ra tion of a nd d a d p a year a y withou t being claime , d f f d d they woul be or eite to the lord of the H un dre .

d f s ta l l a e of Further revenue woul come rom the , toll g “ a a few p ence collected from the merchants a nd hucksters at the fairs a nd p ublic markets in the H un d red ; a nd f deoda nds f f d rom the , the curious or eiture (only abolishe of d d in p ersonal chattels causing acci ental eath ,

for of h a d such as , instance, the wheel a cart which 1 dd d r p assed over a man . I n a ition there woul be othe sources of income too numerous to mention , attaching by d d custom or p rescrip tion in p articular H un re s , but most of those which occurred in Wirral have been referred to . From the year 1 3 5 2 (when the series of Cheshire ’ S ff d to t of heri s accounts begin) , own the aboli ion the 1 8 6 court in 5 , it has been p ossible to obtain almost a comp lete record of the p ersons who p resided either in

1 Emma of Ta r n fe a c c d ent nto a es s e fu of h ot wa ter a nd d ed Th e vi ll by i i v l ll i . d th es s e wa s forfe te to e C rown. a c . C orona e 1 Ed . . Th e rec ord s of C a e s v l i Pl , 9 I p t orne ow t a t th e Da en o r ts a s s er ea nts of M a cc le s ﬁeld c a m ed th e fol ow n h Sh h v p , j , l i l i g d eod a nds : a e two ra e s tones a nd a rt of a c a rt w ee a ll of w b ll , g v , p h l , hi c h ha d ’ " c a us ed th e d ea t of a ma n. Ea rwa ker s Ea s t es re . . h C h hi , ii 4 THE REVENUE AND FARM S OF WIRRAL 3 3

d d d of r p erson or by ep uty over the H un re Court Wi ral ,

a nd of d a nd f r of d d a list the be ells a mers the Hun re , a nd of S ff a f d the heri s p p rovers , will be oun in the

A d . 1 2 1 06 f pp en ix From 3 5 to 5 , the arms (with one

a nd excep tion) were , however, take n year by year, it d f A f w woul be wearisome to re er to them all . e will

a nd serve as examp les , then it will be sufﬁ cient to p oint out any interesting or unusual features arising in other

years . From 1 3 5 2 to 1 3 7 2 the revenue of the H und red a nd

H d d r f d of un re Cou t alls into three ivisions , each which is sep arately accounted for by the S he riff in his annual

1 of b ed el r 2 accounts . These are : ( ) the issues the y ; ( )

’ the p roﬁts from the felons good s ( v ag a ) ; a nd (3 ) the

a n r p erquisites d amercements of the H un dred Cou t .

1 The i s s u s o th d r Th e d ( ) e f e be el y . be ell who took

ffi f find d fi his o ce to arm was , we , entitle to the p ro ts

f a ﬁ arising rom cert in clearly d eﬁned sources . I n the rst

- f of d p lace , he took one hal the p erquisites attache to

d d a nd - a f of ﬁ a nd the H un re Court, also one h l the nes

d T h e a of of amercements inﬂicte there . n ture both ‘ d d d d . these has alrea y been in icate Next , he was entitle

to p uture , or a reasonable money comp osition in lieu

f f f wa rl a nd s d d . thereo , rom the tenants o all in the H un re 2 T d . T d hese , too, we have ealt with hir ly, he took the ﬁnes which freemen hold ing by charter whose lan d s a nd tenements d id not exceed forty shilli ngs in annual

1 1 A n te a e 0 An te a e 1 8 . , p g 3 . , p g C 34 T H E WAPENTAKE OF WIRRAL d d 1 value , p ai to avoi the obligation which , we have seen , they we re un d er to serve the jury summonses throughout d T the H und re . hese ﬁnes are ap p arently the same as a p ayment mentioned l a ter on in the accounts as freeman

S d of ilver Fourthly, a thir p art the value of the “ f T d f “ f wai s . his seems to have been istinct rom p el , a nd was p robably a third of the value of the good s

d . d actually receive by the Crown Lastly, the be ell was “ entitled to a ﬂuctuating p erqu isite known as p rison

on T suit (s u ete de p r i s e) . his was the name for certain f ff ff a nd ees which sheri s , baili s, gaolers were accustomed to extort from p risoners a nd from p ersons for whose

attachment writs h a d been issued . Th e former p aid the money for some relaxation of the rigour of imp risonment

a i s e de r i s one a nd d ( p ) , the latter to avoi arrest or the seizure of their chattels as security for their ap p earance 2 f a nd d ﬁnd be ore the Court, to be allowe to bail . Many of the more serious offences were not bailable in these

d d for d ays , but p ersons arreste mis emeanours , tresp asses ,

a nd d f d ﬁnd ebt were law ully entitle to bail , though not

without p aying heavily for the p rivilege . I t was there fore to the interest of bailiffs a nd gaolers to encourage

1 An te a e 2 6 . , p g 1 Th e ex re s s on s uc te d e ri s one ro a s u r ed i n a c orru ted for m i n p i , p p b bly viv p we eten a nd nc a c a nt te rm u s ed i n th e s e e ntee nt c e ntur a ff t s p i h , v h y by b ili s o d enote th e p roc es s of s q uee zing money out of th e i r p ri s oner s by h old i ng ou t h op e s “ ’ m nd u enc e A ma n a rt of th e a ff s ofﬁ c e i s to s w ea r a nd u te of s o e i lg . i p [ b ili ] bl s r a t ? ’ t e r tre m n r s oner a nd c r C onfound us wh d o we wa t l et u s s hO h i m h i bli g p i y , , y i p , ‘ w s t th e ot er m e e r e e s a c b e a t e nt i t i s a c en t e ma n a nd hil h kly p li , J k , p i , ivil g l , I ’ now w c ons d e r us w c s e c es of w e e d n i n te rm s of t e r a rt is a d k ill i , hi h p i h li g , h i , c lle ’ n our for nn Mi ell s we eten a nd c . a e a r . s c . 1 p i h F P y H l . iv 47 . TH E REVENUE AND FARM S OF WIRRAL 3 5 p rosecutions a nd ind ictments from which they d erived d “ ” T consi erable p rison suit . hese extortions we re es p e c i a lly p rominent at the d ate when the Cheshire record s

a nd — of f begin , the statute book the ourteenth century is 1 f of Th d ull attemp ts to p rohibit them . e war en of the Fleet P rison was p articularly notorious in these d ays for the way in which he allowed p risoners who p aid him “ ” a nd heavy suit to go at large , with or without bail , to remain out of gaol nights a nd d ays without the conse n t of ff ff d the p rosecutor, whose e orts to bring the o en er

ﬁ d o to book were thus nulli e . S well known were the

d of d a vantages the Fleet, that ebtors cast into other gaols would con fess the d ebt in order to be removed to a p rison in which they could d efy the un fortunate 2 cred itor . Th e exaction of excessive p rison suit was taken advantage of in the County Palatine by malicious p ersons

1 ﬁnd to harass their enemies . I n 3 9 5 , we the burgesses a nd commonalty of Flint p iteously rep resenting to King

R d - of ichar that , owing to the ill will the Welsh , they d d d a nd were aily p ursue , to their estruction imp overish d of ment, with in ictments in resp ect which they were “ ” f d a T d for orce to p y p rison suit . heir p etition p raye

f a nd S d d ﬁnd relie , that they houl be allowe to bail

Th for accord ing to the law of England . e time the “ ” h a d total abolition of p rison suit not yet come , but

1 d . 6 2 H en. . c . 2 . Th e d . . 0 2 E . . S e e 1 E . Ed . . 1 III i . 7 ; 4 III i ; 5 III i ; IV 3 w r iter k nows of no a c count of p ri s on s uit in a ny oth er wor k . 1 Ri . . 2 c 1 . I c . II 3 6 T HE WAPENTAKE OF WIRRAL

the men of Flint obtained exemp tion for ﬁve years a nd an ord er to the Chamberlain of Chester that they should l s be allowed ba il on p rod uction of satisfactory s u retie . “ ” f for for Fi ty years later, p ayments p rison suit or

fa f d ease or vour o any kin d were nominally abolishe , a nd of f f a scale ees (which inclu ded a p altry ourp ence , (equal to to the bailiff making an arrest or attach

a nd for d ﬁ d ? ment, a similar su m a bail bon ) was xe

T he d of d a nd war en the Fleet was , however, exemp te , d oubtless the extortions went on much the same else ff of ff where . We shall see later that the e orts sheri s a nd bailiffs to keep up their fees ultimately (in 1 46 1 ) killed the goose from which they h a d received so many

d a nd d d for of gol en eggs , ep rive them ever the right of d d 3 ealing with ind icte p ersons . f d d f “ I n the case o the H un re s o Cheshire, the p rison ” suit taken by the lessees seems to have been a p ayment ’ (ap parently reckoned from the d ate when the S heriff s writ of attachment was received ) exacted from p ersons in d icted fo r misd emeanours for allowing them to remain at large a nd their p rop erty unattached until the next ‘ S of itting the Cou nty Court . Th e remaind er of the revenue of the H und red Court “ ” f : 2 T i A came rom ( ) he p r oﬁts f r om the wa fs . p ortion of d d fa of ed el r these were inclu e in the rms the b y, but ” d f of f u nless the be ell chose to arm the whole the wai s ,

1 2 3 C R . R 68 . m . d P o 6 . . 2 Hen . c . s t a e 1 . , 5 , 3 . VI . 9 , p g

S e e A . No. 1 . Th a s a i o s c u re pp II . e p s ge s b .

3 8 THE WAPENTAKE OF WIRRAL “ 1 0 A 5 f ro £ , miserable 3 . was all the wai s p “ ” d u c ed a t ma , p rison suit nothing all , while we y guess f that 3 3 s . or the two classes of ﬁnes was an u nusually A . d d of 1 05 . small return re uce rent £7 , was consequently 2 d a f all that coul be obt ined the next year for the arm .

1 2 I n 3 7 , p erhap s to make it more attractive , several

a nd d ap p arently new p erquisites were thrown in , obtaine a

a f Th e rent l of £ 1 0 or an inclusive farm of the H u n d red .

of new items were the serjeanty the p eace , carrying with it “ ” f d f d u e p el , as well no oubt as other customary ees to

f d a nd f of the head o the be ells , stallage , the other hal the p erquisites a nd amercements not hitherto inclu ded in the 3 1 2 d d b ed el ry . From 3 7 onwards the issues of the H un re f are all covered by one farm . A ter remaining for 1 0 years

1 0 d s few S b 1 8 a nd at £ , the rent rop a hillings etween 3 3

1 0 d 1 0 a nd 1 3 9 , but is resume at £ again , so on to 3 99 ,

f 8 8 1 05 2 when it alls to £ , or £ , , un til the year For

1 2 8 d 1 . d I S i d a n the next eighteen years to 4 3 £ , 3 s 4 . p a , for ﬁf constitutes the high water mark the teenth century, 5 f 2 tO 1 8 1 ﬁ u re . while rom 4 4 445 2 £7 , or £ , is the usual g Th f e change that then occurs will be re erred to later on .

1 M 2 M 2 . A 8 . A. 8 . M 8 7 7 , 7 7 , 4 . A. 7 7 , 5 — 5 — M . A. 8 2 . M . A 2 7 7 79 . 79 796 . CHAPTER V

TH E L ES SEES OF T HE H UND RED OF WI RRA L AND

TH E R T ES 1 - 1 02 I DU I , 3 5 2 4 .

— H enry d e Ch orleton R ob ert d e P ull e— H e nry Coly— David d e S tanay— Specia l C ommi s s i ons of th e Peac e— Willi am d el B room— Lea s e to H enry le B ruyn a nd ’ R c a rd d e P res tlond 1 1 — E s tra s — D e a e s Leas e— ut a wr — Th e i h , 39 y W l y O l y — I ri s h reb elli on M a s s y of Pudd i ngton— Reli ef of s ufferers at R ad cote B ridge - Cons erv ators of th e Peac e— Pa la tine p rivileges abus ed — Fores ta lling in W rra — Hue a nd c r i l y.

TH ER E are many interesting n ames at this p eriod amongst

of ff r f A d the list o ice s o Wirral set ou t in the pp en ix , but

f fa r a n this is not the p lace or tracing their mily histo ies , d a few only will be from time to time referred to by ) name to illustrate the history of the H un d red Court . A name which ap p ears in 1 3 5 2 a nd in seve ral subseque nt years is

of d r n d that H enry e C h o l eto . H e was no oubt a Wirral

a nd d d man , , besi es acting as be ell or ap p rover, he was

of ffi d of t e d of f for one the o cial ven ors h goo s elons , which

d of d e he was p ai an annual salary Robert Pulle , a bed ell for three years ( 1 3 5 5 — 5 8 ) was a member of the Poole f of a nd f of S i r d e amily Wirral , ather John Pulle , some

Th fa f time governor of Carnarvon Castle . e long rm o

1 d a s o onta ns th t me nt tha t th d . . 111 . 1 . T s re c or c e s ta e e C . R R. 0 1 E . 3 3 III hi l i s erj e a nts were not to s eiz e more tha n a qua r ter of th e c orn of felons forfe ited to th e Ea r l . 4 0 T H E WAPENTAKE OF WIRRAL

f of H enry Coly has al read y been re erred to . H e was one f d T o f a amily, resi ent at hingwall in Wirral , th e members which took p rominent p art in all local events at this a nd

— T f 1 8 1 8 d d e S ta na . later p eriod s . h e bed ell o 3 3 was Davi y

ff of nd d a nd 1 8 H e was as usual also baili the H u re , in 3 4 “ ” ﬁnd d ff we him acknowle ging, as late baili , at the Ex K f f 2 2 5 d . o d o . chequer Chester, a ebt £ , 9 to ing R ichar I I

. d e B eb nton d d d e Five others , viz R obert y , E mu n Cog

d d el a nd T hull , R ichar Waleys , William Broom , homas 1 r D enys joined in the recognisance to secu e the d ebt .

T r S d for he e is nothing to how what the ebt was , but d oubtless it was for arrears of some kind of revenue or

r subsidy u naccounted fo to the S heriff . From the amount of d a nd f f d ff the ebt, the act that he is re erre to as baili a nd d d id not not as be ell , it p robably rep resent rent in

ta na d of f arrear. D e S y was no oubt a member the amily 2 r of that name resid ent at S toke in Wi ral . Th e system of p resentment to the H un d red Court of breaches of the p eace was not a lways effective in keep ing

d a h a d nd f d . or er, requent sp ecial commissions to be issue Thus in 1 3 8 6 V ivian F oxwi s t a nd J ohn d e Tyld es le ig h 3 were emp owered to arrest all mal efactors a nd d isturbers of d d of W reh a l e K the p eace in the Hun re y , the ing having heard of great te rror caused by bands of armed

d r f e n . o m there From its p osition on the bor e s Wales ,

1 R R . 6 m . C . . 5 , I 2 H e o c u r s i n s e e ra r ec o nis a noes te m Ri . nd Hen c . c . a . . re a t n to th e v l g , p II IV , l i g f r f S t u a m o o ke C h rc h . 3 . R R . I o Ric . . 111 . 2 C . 9 II LESSEES OF T H E HUNDRED OF WIRRAL 4 1

Wirra l was constantly subject to invasion by the turbulent

a nd d A few r Welsh was sel om in a quiet state . yea s a 1 2 a for d d l ter, in 3 9 , sp eci l commissioners the H un re , in the p ersons of S i r John Massy of Pud d ington a nd

d e d i s William H ooton , were app ointe to arrest all d tu rb ers of d the p eace , great comp laints having reache d 1 the King of their evil oings . We ﬁnd the bed ells a nd bailiffs of 1 3 8 7 mentioned i n

2 of d d e B re s c of a list moneys receive by Roger y, one the

f of of clerks o the Exchequer Chester, on account King A n d R ichard I I . mo g the items receive in November f ff of of of rom the S heri Chester, in resp ect the issues the

f 6 s . 8 d f o . d o cou nty, ap p ears a su m p ai on account

d T ttel e h ff of d d of Nicholas e y g , by the baili s the H un re

d a nd for Wi r h a ll . e Further own the roll , ap p arently

of a 8 5 . f d d e December the same ye r, ap p ears rom R ichar “ P res tl ond one of ff a nd , the baili s , the same amou nt in Ja nu a ry 1 3 8 8 from H en ry l e Bruyn a nd R ichard d e Prest

ff f d of W a ll T d o d reh . lon , the two baili s the H un re y hese p ayments were p robably instalments of revenue p aid in

a ad vance by the b iliffs . I n M arch 1 3 8 8 the S heriff 6 f 5 8 d . or . d of d e accounts £3 , through the han s William “ S a of a ff of d d . t nley, in onere the b ili s the H un re

O n A 2 1 1 3 n d ugust , 3 9 , a recognisance was e tere into “ M f of d e l b a iliﬂ of by argaret, wi e William Broom , late the H und red of Wi reh al e (a nd bed ell in 1 3 8 7 Henry

1 1 M . A. . 8 d . . . i c . 111 . C . R R . 1 81. I 6 R 5 II , 7 773 3 6 . R 6 . . . In C R. 3 , , 5 4 2 T HE WAPENTAKE OF WIRRAL

B a umv ill d el o a nd d el Coly, R obert , John Bro m , Roger ' a kn l 6 S 6 d c ow ed i n a d of I . . Broom , g g ebt to the King £3 , ,

ff for a nd arrears owing by the baili the p revious year, in

of S er ff of S i r d e M a s c exoneration the h i Chester, J ohn y,

Th e d who would otherwise have been resp onsible . ebt

6 s 8 d . a nd ne of was p ayable in two instalments of 2 . o

2 s . 2 d 3 . S o fa r we have obtained our information as to the terms up on which the offi cers of the Hu ndred held their f S ff' p osition rom the heri s accounts , bu t a little more

1 1 light is thrown by an entry on the Cheshire R olls in 3 9 , which constitutes the earliest enrolment we have of a lease f f d o the H un d red o Wirral , though oubtless all the annual

’ f S ff S farms were similarly taken . We know rom the heri accounts that H enry l e B ruyn of M oreton in Wirral a nd R ichard d e P res tlond farmed the H un d red for several

6 a nd 1 6 a nd of 1 1 years between 1 3 8 39 , it is their lease 3 9 1 T which for some reason was enrolled . hat the rent was

a n h a d f d £ 1 0, d that sureties to be oun , is all we get

d a nd f a b le from this recor , it is ortu nate that we are to sup p lement it by the information contained in the ’ ﬁnd S heriff s accou nts . We shall that only occasionally d are the leases enrolle , although they are generally taken d fﬁ year by year . I t is i cult to say why certain leases

f r a nd should be selected o enrolment not all . I n 1 3 9 5 le B ruyn a nd d e P res tlond seem to have fallen

into arrear with their rent, as in November 1 396 they

1 d A . R R . 6 m 2 . . N C . . . . o. 2 4 , , 9 p p II . LESSEES OF T HE HUNDRED OF WIRRAL 4 3

’ jointly a nd severally acknowledge 1 a d ebt to the King s ’

f 2 0 . exchequer o £ , p robably two years rent I n the d d T next year ( 1 39 7) a new be ell was app ointe , homas 2 d e n f f Waley taki g a ormal lease, be ore the Chamberlain

a nd S ff of b ed elr for f the heri , the y one year rom M ichael

a t of I O d re mas , the same rent as his imme iate p

d e s s ff a nd d ec ors . Th e late baili s be ells were still in

of d d 1 trouble over the revenue the H u n re , as in M ay 3 9 7 ﬁnd d d we William e S tanley, senior, taking on his shoul ers

d of 1 1 5 K n of l e a ebt . owing to the ing, in exo eration 3 a nd n h f Bruyn d e P res tl o d . T e Object o this recognisance was to secure the value of some goods of one S imon d el

T s f wy who h a d been convicted of elony . H e thus became “ a a nd d h a d an outl w , in ancient times woul have caput ” l u i nu m — d p that is , he might have been knocke on the “ d f S d b hea like a wol , by any one that houl meet him , e cause having renou nced all laws he was to be d ealt with

of n as in a state nature, when every one that should ﬁ d ” him might slay him . I n consequence of this outlawry

’ Tw s d h a d f f d a nd y goo s been or eite to the King, app a re ntly the b a iliﬂs h a d sold them to d e S tanley without

accou nting for the p roceeds . A fe w d ays later the same 4 ff d d d of 6 5 8 . d . baili s acknowle ge the large ebt £ 4 , 41 in resp ect of their term of offi ce d uring the S hrievalty of

h a d S ff a Robert le Grosvenor , who been heri in 1 3 94 nd

1 1 R R m 1 . R . R . m 1 1 d . . C . . . 0 . d . C 6 . 8 C . R R 0 m . d 9 , , 5 7 , 4, . . . 7 , 5 , . 9 .

C . R . R . 0 m . 8 Th e e a r efor e th e a ff of th e und r ed of a ntw c wa s 7 , y b b ili H N i h

s m a r ou nd i n 68 5 . C d C . R . R . ( 8 1 Rio. . 111 d a nd th e a ff i il ly b £ , 7 i ( 9 II . 7 , . b ili

of ort w c in 2 2 5 . d . C . R . R . 1 8 81. 1 Ric . m d . N h i h £ , 9 95 ( 9 . II . 7 , 44 THE WAPENTAKE OF WIRRAL Th ﬁ d on other occasions . e money was p ayable on a xe

d n d i f d e P res tl ond ate , but the recog isance was to be voi

f a nd d n a nd then came himsel p ai £5 on accou t , reasonable ’ p ayments were mad e from time to time at the S heriff s

- d a d d a nd return , or rent y, till the whole ebt was wip e ou t Th e the liability of the S heriff at an e nd . amount of the

d d a n d ebt rep resente extremely large sum in those ays ,

d of 6 00 of a nd d up war s £ ou r money, it is har to say how

ff h a d the baili s came to owe it . I t certainly nothing to d o

f of d d a nd with the arm the H un re , p robably was arrears of d a subsi y . Th e jurisd iction of the ofﬁcers of the H und red over the p erquisites of the Crown is illustrated by a rec og ni s 1 1 d e M ol nton r ance in 3 94, whereby J ohn y became su ety for whatever S hould be adjudged to the King on account

of ff o f d d of the cap ture , by the baili s the H un re Wirral ,

of of d e a nd some estrays , the p rop erty J ohn Waley

M a ki n T r f d William y . hese were p obably cattle oun wan d ering a nd imp oun d ed until the true owners p roved d their title a nd p aid a fe e to have them returne . We h a ve seen that if they were not claimed after d u e p ro clamation a nd the exp iration of a year a nd a d ay they

would be forfeited to the Crown .

T d of d f h e con ition I relan , at this time in a state o K rebellion , was causing much anxiety to the ing . Quanti ties of troop s were being d esp atched to subdue the i n

a nd d u surrection , sailors were being whipp e p in the

1 . R R . 6 C . m 2 d . 7 , . ,

4 6 T H E WAPENTAKE OF WIRRAL that year with the d istribution in the H und red of Wirral 1 f of 1 1 1 6 5 8 d . of of 000 r o . a sum £4 , , p art a sum 4 ma ks

d of sent by King R ichar I I . out his treasury at West minster for the relief of those of the p eop le of Cheshire ’ ” who suffered in the King s se rvice at R ed c ote brugge R d d O f d T ( a cot Bri ge , near Bamp ton in x or shire) . here , 1 8 8 000 of d d in 3 , 5 the Cheshire men , u n er the lea ership of S i r T M of homas olyneux , constable Chester Castle , h a d d f d of been severely e eate by the Duke Gloucester,

’ of a nd the King s u ncle , the Earl Derby, others , whilst

d of d S i r T con ucting the Duke I relan to the King . homas

d S i r T a n Molyneux was kille by homas M ortimer, d many 2 S Th r of the Cheshire me n were lain . e d ist ibution of this

wa s d d d f T large sum atten e by consi erable ormality . h e ’ T reasurer of E ngland a nd the King s S ergeant-a t- arms d d a nd f f atten e in Chester, ormally, be ore the Chamberlain ,

M a nd S ff of d the ayor, the heri s the city, elivered 3 000

of to S ff of marks , p art the grant, the heri the county, d d d d who in his turn ep osite it, p en ing istribution , with 3 A a nd of for a f d the bbot Convent Chester s e custo y .

Th e of 1 000 d d S ff r balance was elivere to the heri , p e

1 d r a rt . w e e on Th e 4000 ma rks 1 3 s 4 . ) p p o i ed a mong th e H und r ed s a s fo ow s : Edd s u r 6 1 8 . d . M a c e l e s ﬁeld , 0 5 . 1 d . a ntw c 1 8 8 5 ll i b y , £3 5 , 5 42 £7 9 , 5 1 N i h , £ 3 , .

d roxton 2 20 2 5 . d . B k d . ort w c 2 1 8 5 . . uc low 6 1 5 . I oir N h i h , £ , 4 72 B , £ , gi , £5 5 , 9 l od . ;

n o nted f r . D r M rra 1 1 1 6 5 . 8 d . ea n 1 0 u a c c u o . orr s in C es te r i n th e Wi l , £4 , (l vi g £ ) i , h " a nta e net a nd T ud or R e n s e rroneou s s ta tes 000 ma r s w er e d s tr u ted a nd Pl g ig , ly 3 k i ib , ’ f th C t of C e s ter r ec e a a re nt t n s th e eo e o e e d t em . M r. Lu m i pp ly hi k p p l i y h iv h by , n ” “ d L e r oo i n th e a tent R oll s h i s a e r on C e s te r a n s t . S oc . of L p p h iv p l P (Hi . C . — m unt a s 000 ma r s o d l xix. xx. e s th e a o . ot th e wr ter v o . giv 3 k g l B h i s ove r oo a furt er 1 000 m a r s ment oned owe r d own th e s a m e mem ra ne of th e ro l k h k i l b ll . 1 ” . C a md en r tt. . 28 e dn a f r a rone t v ol . . 1 . Pl y a i , B , vi B i p 5 , 5 90 3 . m . d . 81. 8 C . R . R . 20 2 1 Ri c . II 7 , (7) ( ) LESSEES OF THE HUNDRED OF WIRRAL 4 7 s umab l for d d y imme iate istribution , together with a bag

a nd d for d containing rolls , p etitions , memoran a the gui T ance of those who should d istribute the money . h e p eop le of the county d id not beneﬁt very much by this

f few of 000 royal gi t, as a years later the sum 3 marks was levied up on them to p ay for a general p ardon to all 1 of who took p art in the insurrection H enry Percy .

1 d d of I n 3 99 the isturbe state Cheshire , consequen t

d a nd of u pon the conﬂict between R ichar I I . H enry

a nd d Lancaster, the risings in Wales , ma e it necessary for Conservators of the Peace to be ap p ointed for all d d 2 T d the H un re s . hese Conservators were the p re e c es s ors of of a nd J ustices the Peace, to their app oint d d d ment may p artially be ascribe , as alrea y explaine ,

d of the decline in the juris iction the H un dred Courts .

Th e of d not app ointment these Conservators was ma e , by

of the King or by the p eop le , but by the Prince Wales , to whom the Cou nty Palatine h a d been granted a few years 8 d . before by R ichar I I when he created it a p rincip ality . I t is worth noting in p assing that the fact that writs a nd p rocess issued outsid e the County Palatine could not d be execute in Cheshire owing to the p alatine p rivileges , d was foun d about this ate to be p rod uctive of abuses .

1 . H en. 111 . 6 1 0 . C . R. R . R H en . . 111 . . 4 3 4 5 IV 3 C . P . . 5 IV

06 C . R . R. 6 H en . . m . 1 14 . 7 IV 4 ( ) 1 C . R . R. 1 8c 2 H e n . . m . d T os e a o nted for rr a w e re : S i r IV 3 , h pp i Wi l W ta n e a m M ll o n d e u e m . d e S o a s c o n d e tmor e Wm . d e Tra nmo J h P ll , l y , H y , J h Whi , , u e o n t er a nd o n d l Meol es T o d d n d Tild e s le a s . d e L e s . e o e o e J P ll , J h i h l , J h , h B l , J h y , e oxwi t rt e Vivi a n d F s a nd Gilbe C l gg . 1 Ri . . 2 c . 1 c II . 9 4 8 T H E WAPENTAKE OF WIRRAL

Grievous clamour a nd comp laint arose that residents in Cheshire committed felonies a nd tresp ass es in the neigh b ou ri n a nd a n g counties , by escap ing b ck into their cou ty, d d n A . d eva e p unishme t ccor ingly, at the commencement of f r the reign o H en y IV . the p alatine p rivileges were so fa r relaxed that in such cases p rocess of outl a wry was allowed to issue in the cou nty where the offence was com mitte d a nd r ﬁ d , then was ce ti e to the ofﬁ cials of Chester by

ff a n d whom the o en d er d his chattels were to be seize . After enjoyment of the latter by the King for the usual

a nd d a f f d year a y , they were to be or eite as escheats to f ” 1 the Prince o Chester . “ Th e good men a nd true of the H un d red jury were sp ecially called together in 1 402 in p ursuance of 2 An d letters p atent issued by the Prince of Wales . or in ance relating to cattle (p robably d esigned to secure a

’ sup p ly of meat for the King s a rmy in North Wa les) h a d been broken by H enry l e Bruyn of M oreton (a former

d d e D ok nton d el be ell) , Joh n y , J ohn H og, R oger B room , a nd h a d d a of others , who riven some be sts out Wales into

A o f the H un d red in contravention of the ord inance . jury the H un d red Court was summoned to ascertain on oath the n umber a nd nature of the cattle ; S i r J ohn M as ey of P u d d u d e M e a nd d d e ingto , with H amo as y R ichar M oston ,

d a nd ff d were commissione to seize them , to arrest the o en ers

r a nd bring them up to Chester Castle fo judgment .

1 ’ “ 1 Hen. R ee e s s tor of E n la nd 1 8 . 2 1 . C . 1 8 . IV . v Hi y g , 7 7 , iii 4 1 C . R R . 2 Hen. . 111. . 3 IV LESSEES OF TH E HUN DRED OF WIRRAL 4 9 d ff I n those ays it was an o ence to corner, or attemp t to

r for d r a nd a nd control , the ma kets merchan ise , co n , grain , p e rsons were p resenta ble in the H u nd red Courts for fo re ”

a d . Ot ff f st lling, as it was calle her o ences o the same

nd r a nd ki were , regrating, or buying corn in a ma ket selli ng it again in or n ear the same p lace at enhanced “ ” a nd n r u r a n f p rices , i g ossi ng, buying p la ge qu tities o

r n of d for a ﬁ g ain with inte tion hol ing later sale t a p ro t . There d oes not seem anything ve ry c riminal in these d a ys

a nd about such op erations , but owing to the scarcity high

of d d d a p rice corn , it was consi ere esir ble to p revent them , a nd Th e d of to restrict the exp ort of grain . juris iction d d ff d id the H un re Court over these o ences , however, not

ff a nd 1 0 1 ﬁnd S i r prove e ective in Wirral , in the year 4 we

d e d e S a nd d e John Pulle, William tanley, jun ior, John

L th erl a nd a d r of y , pp ointe commissioners by H enry P ince Wales to inquire into the con duct of the i ng ros s ers a nd

d d u a nd b oa rd ed regrators in the H un re , who bought p grain for sale in fo reign p arts to the injury of the p oor

f Th e d d o the H un d red . commissioners were or ere to cause all the hoard ed grain to be brought into the nearest

a n a a nd market d sold at a reason ble p rice , to p revent 1 a ny exp ortation out of the H u nd red .

A d o d d lthough we not hear about it, the Hun re Court of Wirral must freque ntly have h a d to d eal with offen d ers

of a nd C r against the statutes H ue y, in which the original

1 t me C . R R M n u e uent c omm s s ons of h e s a . . 2 H en. 111 . d a s s 3 IV . 3 , . y b q i i ki nd occ ur . 50 T HE WAPENTAKE OF WIRRAL system u n d er which the inhabitants of a H u n d red were f d collectively resp onsible one o r another survived . Un er 1 r of d d these p rovisions , o iginating in the time the E war s , d d the H un re where a robbery took p lace was liable , in d f of of e ault the cap ture the robber, to comp ensate the

d a nd a for d d p erson robbe , also to p y amage cause by A f rioters . alse alarm or any S lackness in ren d ering assist ance in the H ue a nd Cry was p u nishable in the Court . f d During the sixteenth century, it was oun that those who d d d d were robbe , having an easy reme y against the H un re ,

a nd fre lost the incentive to p ursue the robber, that he quently escaped because the neighbouring H un d reds (which

a nd . were not resp onsible) , became slack in their H ue Cry I t became necessary to bin d over every p erson robbed to

a nd of p rosecute, to stimulate the energy the neighbouring H und reds by making them liable to p ay half the d amages in d efault of the arrest of the offen der? I n later times the H un dred h a d to be p rotected against false cl a ims by

r n n a nd st i ge t p rovisions as to notice a nd ad vertisement, a stand ing reward of £ 1 0 for the ap p rehension of robbe rs was instituted ? That bogus claims against the H un d red s for d f heavy sums were ma e , is ap p arent by the act that a law was p assed to p rovid e that no one could recover more than £2 00 from a Hun dred u nless he h a d a com p an ion with him at the time of the robbery to attest to ‘ of T h e d the truth his story . p uritans turne this liability

1 1 t . d. . e . 1 1 . 2 E . 1 Ed . . s 2 c . 1 a nd 28 E 3 I , III 7 liz 1 2 2 G eo . c . 2 . 8 Ge o . . c . 1 6 . II . II 4 LESSEES OF T HE HUNDRED OF WIRRAL 5 1 of the H und red to their own account when they d enied to p ersons travelling on S un d ays a ny remedy against the

d d for d d a H un re a robbery committe on that y , u nless f 1 it occurred on the way to or rom church . Early in last century the H und red s were freed from

of r r for liability in resp ect robbe ies , but their esp onsibility d amage by rioters continued in a modiﬁed form u ntil the

1 8 8 6 dd d year , when the p olice rate was sa le with the p ayment of comp ensation .

1 2 a r c . 9 C . II . 7 . C H APTER V I

TH E H RE OF W RRA L 2 2 - 2 0 UND D I , 4 3 5 9

wen end ower— Leas e to d e S a nesb ur and d e B rumb ur h 1 0 — enr O Gl y y g , 4 3 H y C oly— Fa l s e rumours i n Wi rra l— V ari ous bed ell s — N o revenue i n 1 4 1 1 ’ us t c es t nerant for rra 1 2 — 5 11 T omas S ta n e s ea s e 1 — A u s e J i i i Wi l , 4 9 h l y l , 445 b ’ ' of th e S h eri ff s Tu rn— C l eggs of G ayton— Eﬂects of c ivil wa rs — R es ump ti on ’ of ea s e s 1 — Reduct on of rent— Ro ert T ra fford s eas e 1 0 — Ith ll a nd l , 47 5 i b l , 5 7 e ’ B eb nton s eas e 1 0 y l , 5 9 .

T H E revolt of O wen Glend ower was naturally a most d is tu rb i n a nd for g inﬂuence throughout Cheshire , some years the men of the county were constantly engaged in rep el

f Th d f of ling the invasions o the Welsh . e recor s are ull w rits comman d ing every one hold ing p ossessions on the

a f A marches to hasten home nd make d e ence . mong the d uties thrown up on the oﬂi c e rs of the H un d red s on the m a rches was that of p reventing the Welsh getting su pp lies . I n J u ne of 1 403 the Prince of Wales ord ered the bailiffs of the H und red of Wirra l to p rohibit the s a le of gra in or p rovisio n s by the men of Wirral to Welshmen of the county

f Th e f r wa of Flint or other p arts o Wales . reason o this s that the Prince h a d heard that many men o f the H un d red were in the habit of furnishing the men of Flint a nd of

of D e nfre nc l u t ff - d the township s D enbigh , y ( Dy ryn clwy ) ,

d a nd d a nd H awar en , H op e ale with sup plies , they in their 52

5 4 T H E WAPENTAKE OF WIRRAL

of Th e to the Earl Chester . lessees ap p ear at the time to have been in arrears with their accounts as b a iliﬂ s to

S ff a nd r f h a d the heri , sho tly a ter taking the lease they to obtain two sureties in the p e rsons of H enry Coly a nd Gilbert Gleg g to guarantee that they met their li a bilities

of of fﬁ i n resp ect their p revious term o ce , so as to exoner S ff d f 1 e . ate the late heri , H enry Ravenscro t H enry Coly

f d 1 0 himsel was joint be ell with T homas Coly in 4 5 , a nd d ff 1 06 ﬁnd oubtless also baili , as in 4 we the latter

d T d e d e a nd joine with homas Waley, John Whitemore , 2 R ichard Coley in a recognisance to H enry Prince of f a nd of for 1 5 . d . o Wales Earl Chester £9 , 9 3 arrears ff H enry Coly when he was baili .

S o fa r d h a d as we can gather, the be ells never much d iﬂi c ul t f re y in p aying their rents , but rom the constant d ff d cognisances entere into by the baili s , it woul seem that they foun d great d iffi culty in collecting that p art of the

for a nd d revenue which they were resp onsible, no oubt the d isturbed a nd d eteriorating state of this p art of the

h a d d county much to o with their troubles .

Th e d for 1 0 T d e M a nwa r n two be ells 4 3 , homas y y g a nd T d Roger rull , were ap p ointe commissioners to collect d d a subsi y in Wirral in that year, but oubtless this was in consequence of their being also bailiffs of the H und red ?

1 0 of d d d d Early in 4 4 , a jury the H u n re was or ere to be

d r imp anelle fo an unusual object . False rumours (p robably

1 1 m . 1 . R . R C . R R . C . 8 m 6 d . . 77 , 7 , . , 2 C . R . R . a H n V . 111 3 4 e . I . 7 (4) T HE OF WIRRAL 1 0 — 1 0 HUNDRED O , 4 3 5 9 5 5 relating to the Welsh rebellion) were being sp read about a nd d in Cheshire, malicious letters circulate by mes s e n ers a nd of g run ners , which the Earl Chester con s id e red constituted a national d anger a nd caused great d f d 1 isquiet in the county. H e there ore issue a commission

d d Th e to each H un re to inquire into the matter . com

for S i r d e S i r missioners Wirral were John Pulle, William d e S d e M F oxwis t d e tanley, Hamo asey, Vivian , James

a nd d e M eol es . T h e ff of d d Pull , John baili s the H un re were ord ered to imp anel before them the jury of the

d d d of f H un re , by whose oath the isseminators alse news

d a nd d were to be d iscovere then arreste . I t would be interesting to know whether they were p unished un d er the

of d d I . d law E war , which p rescribe imp risonment u ntil the

ﬁ of f rst author the alse rumour was brought into Court, d a p u nishment which might sometimes , one woul think, A involve p erp etual incarceration . report und er seal up on

d a nd a nd the matter was to be ma e to the King council , all offi cers of the county were enjoined to assist in the Th inquiry . e same writ ordered the commissioners to

f of d d a nd d array the encible men the H un re , to atten “ ” before the S heriff at T op pl eg h to hear what S hould d f then be exp oun ed to them . We are le t in ignorance of f the nature o the exp osition .

- O ne of the bedells for 1 406 bears a well known name . J oh n Rathbone d oubtless came from Tushingham in

d d of the neighbouring H un re Broxton . H is companion ,

1 C R . R. m. d . . 77, 4, 5 6 T H E WAPENTAKE OF WIRRAL

df h a d d d a nd J oh n Goo ellow, serve the King in I relan

d n a nd d d elsewhere with isti ction , as a rewar obtaine a ” f r f of a R id r s la c e grant o li e a p l ce in Wirral called e e p , 1 d of a l l d l e together with the custo y S g h a e woo . J ohn

a r of d 1 08 r a B ker Wallasey, be ell in 4 , was p e h p s origi

r nally a Wrexham man . We ﬁnd him coming in f om

1 0 M l e C ornife r thence to Chester in 4 4 , with one atthew , T because they were u nwilling to join the rebels . heir

d d a nd h a d f loyalty was cruelly oubte , both ormally to d o fealty to the E a rl a nd ﬁnd a surety? Th e regularity in the p ayme n t of the rent for the

d d for 1 1 1 H un re was broken , some u nknown reason , in 4 , ’ a nd the S heriff s accounts S how that from March of that

r 1 1 1 2 year to Janua y 4 , 4 , there were no receip ts , so fa r d f of f of as he was concerne , rom any the arms the ’ d d a nd ﬁ f f d Cheshire H un re s , the p ro ts rom elon s goo s a nd p rison suit are entered as n il? B ut the d iversion of a nd f the revenue was only temp orary, the arms were

O n f f a for resumed next year . e o the bed ells o Wirr l T K 1 4 1 2 was William H are . his was p ossibly the ing

few a f h a d d sley man who , a ye rs be ore , been grante for life the offi ce of ven d or of the b a rk a nd timber

d f of M blown own in the orest ara, with one p enny a 4 a d a y as w ges .

T B rou ne d f homas , who share the arm of Wirral in

1 1 d 8 . . H n V . In . 1 . R R . 1 2 e I R R . C . . . C . 81. H e n V m 6 d . , . 4 5 I . . , 3 M 2 a nd . I n 1 1 1 1 5 . d . w a s d r ed fr m ﬁn s a nd A. e o e . 79 , 9 , 793 4 3 £ 75 , 3 73 iv ns m a r s n o u t of ea s i n th e C ount C ourt ra o s i i g p l y . 4 H en. . 111 R . R I V . C . . 4 5 5 (5 ) TH E OF A 1 0 — 1 0 HUNDRED WIRR L , 4 3 5 9 5 7

1 1 e a 4 5 , seems to hav been a W llasey yeoman who n subsequently went to serve Ki g H enry V . in France , d 1 T for which he was grante p rotection , whilst homas

d d 1 1 d Hol en , be ell in 4 7 with H enry Waley, hel the

a oﬂi c e of e a nd roy l M ast r Mason in Cheshire Flint,

’ d uring the King s p leasure?

O ne of d for 1 2 — 2 6 ev a ns one the be ells 4 4 , J ohn J , is

d of ff for mentione , in his cap acity a baili Wirral , in a

S ff d S ff r commission to the heri , the un er heri , the escheato ,

R for a nd ff oger H oles , the coroner Wirral , the other baili s a nd of d d d of d is coroners the H un re s , to arrest a ban tu rb e rs of the p eace headed by some of the Venables a nd Cholmondeley families ?

o fa r d S , although no oubt the justices itinerant, up on whom d evolved so much of the ancient ju risd iction of

nd d h a d d the H u re Court, p erambulate Wirral , we have

only general mention of their ap p ointment for the County . 4 1 2 r d d a I n S ep tember 4 9 , howeve , it is recor e that Willi m C h a u ntrell a nd R ichard B old e were commissioned as justices (h a s ni ce ) for the Eyre to be held in the

d of r a nd Th e for H u ndre s Wi ral B roxton . Court the

f f d f Th e ormer was o ten hel at Eastham or Back ord . fﬁ of d d d d o cers the H u n re were bou n to atten the Eyre , a nd originally h a d the d uty of choosing four p rominent of d d d knights the H un re , who in their turn selecte twelve other knights or freemen to act as jurors of the

H e n V m . 2 R 2 8c 3 . .

H m . R 8c 8 en . . . 7 . VI 3 5 8 T HE WAPENTAKE OF WIRRAL

a nd ff A Eyre p resent o ences to the J ustices of ssize .

d of d d Later on , the uty p resenting in ictments d evolve

d of a nd on the Gran I nquest or jury the county, the men of the H un d red were only summoned to the Eyre

d f Th e to act as common jurors in the ecision o cases . lessees a nd bailiffs of the H u n d red s were also bound to atten d the S ittings of quarter sessions a nd of the ’ S r ff a nd n he i s County Court, there are many insta ces of their bei ng summoned to the latter with the other ffi f o cers o the county . Although it is not quite C lear whether its ap p lication ﬁ d f was con ne to Cheshire , the ollowing article to which the Chamberlain a nd Vice - Chamberlain of Chester h a d to swear the men of the county (p robably at the H und red

1 of d d a nd Court) in 434, gives an ind ication the isturbe lawless cond ition of the county in these times

’ Ya t d s one of no lor e nor none other p , what ’ d c ond i c on S wet n l astate , egree , or yat he hall be, y g y res c e v e c h eri s s h d h ous a ld ne ma ntene ilou rs y , , hol e in , y , p , ’ rob b u rs o s s ou rs of ma ns l ee rs fel ou ns , p p p eop le , , , out

ra v s s h e res of u nla wefull lawes , y women ayenst ye lawe ,

f fores te s hunters o , p arkes , or warennes , or any other o n d r d fa d for py mis oe s , or any op enly name or me such , n u h till his innocence be d eclared . A d yat eet er be colour or occasion of feffe me nt or of yeft of good e moeble p assed be d ed e noe Oder wyse any of the said lordes ne non other shall take any other men ues cause TH E OF A 1 0 — 1 0 HUNDRED WIRR L , 4 3 5 9 5 9

ua rell f s u orta c i on ma nte na u nc e or q , in avour, p p , or y as

d wr ti n ffi be wor e , be y g , nor be message to o cer, jugge,

u rre eft of el oth n liv e re j , or to p artie or be y his y g , or , ’ ta k n S c onc e v e or y g in to his vice the p artie , nor y ag a yne any jugge or oﬂi c e r i nd ig na c i on or d i s pl ec ea u nc e

f ﬂi f f a And o r d oing of his o c e in ourme o l we . yat ye

’ a - s ones shall kap e yis not all only in her wein p , but yat ye see yat all Od er in her c ou nttrees a s mich as in ’ a nd S v a nts a nd hem is , thair , all other such as be

a An u n d er hem of lesse est te d o the same . d yf thai d o the c onnta ri e make hem withouten d elay leve hit or f ” 1 elles p u t hem a way ro hem .

Thus it is not surp rising to ﬁnd that J oh n d e S ay nes

a nd F a i rri e d a nd ff f bury William , the be ells baili s o

1 2 a nd 1 Wirral on several occasions between 4 7 43 7 ,

of were unable to collect the revenue the H un d red .

of a nd I mmense sums money were in arrear, to enable 2 it to be collected a sp ecial commission was issued

1 d a nd a ff of in 43 7 un er which they, the then b ili s the d d d H un re , were emp owere to get in the arrears with d esp atch from all d ebtors who were unable to p roduce

receip ts or tallies , or by some other means to p rove

that they h a d d ischarged their d ebts . Numerous other instances of the d uties a nd resp onsibilities of the offi cers

of f d Wirral are to be oun on the rolls , but p robably

ff f r d they have been su iciently in d icated o this p erio .

1 1 C . R . R . 1 2 81. 1 H en VI . 111 d R . R . 1 0 m . I 6 . 3 . . 9 , . C . 9 , 3 ( ) 6 0 THE WAPENTAKE OF WIRRAL

1 I n O ctober 1 44 5 a lease of the combined offi ce of

ff a nd d of d d of baili be ell the H un re Wirral , with all ’ “ ” a nd ﬁ of S ff T a nd issues p ro ts the heri s ourn , other p erquisites (not mentioned in d eta il) was granted to S ir

T S ff S r of homas tanley, knight, Geo rey ta key North

a nd . Th e wich Robert M ore lease is noteworthy, inas

h a s i t for u muc was twenty years , whereas p to now the leases h a d been annual . Th e rent was red uced to £7

‘ er a nd d p an num , never again app roache anything like

Th e that amou nt . same p arties at the same time took 2 S of d d of dd a imilar lease i n resp ect the H un re E isbury,

n the re t in this case being £ 8 .

T S S i r T S of his tanley was homas tanley Liverp ool , d ffi f who hel many imp ortant o ces d uring his li e . H e was

d of a nd d a ju ge the Palatine Court, was subsequently Lor

of d l of d a nd Lieutenant I relan , Comp trol er the H ousehol

d K G . a nd Chamberlain to H enry VI . H e was create a .

S 1 6 a nd d d 1 . S Baron tanley in 45 , ie in 459 tarkey was a member of a bra nch of the imp ortant Cheshire family of

a d M that n me resi ent at Northwich , whilst ore was one of the great Liverp ool family a nd h a d been M ayor of that town on several occasions . dd f d d I t will be seen that , in a ition to the ees erive

r of d d from the o d inary sittings the H un re Court , the

’

. ﬁ ﬁ of S ff T i e. lessees took the p ro ts the heri s urn , the nes d S ff a nd fees of the great Leet hel twice a year by the heri ,

’ r f of d a to whom , as the King s rep esentative , the ees the y

1 1 R R 1 m. 6 I o. . N . C . . . 1 A . o . R m. 6 1 1 . C . . R. 1 1 9 , , p p II 5 9, ,

6 2 THE WAPENTAKE OF WIRRAL

1 d . valuables , a commission to arrest them was issue I t wa s d d S ff ff of a nd irecte to the heri , the baili s Wirral ,

a S of T to Willi m tanley, two the Pooles , homas M asey of dd a nd a nd d Pu ington , William Whitmore , enjoine the seizure a nd p rod uction at Chester Castle of T homas a nd n Gl e B ru mb u r h a nd a K n s t Joh g g , Joh n g , Willi m y y , 2 together with the stolen jewels . M ortimer states that

T Gle r d 1 6 homas g g was imp isone u ntil 4 9 , but ap par ently he was free in although it was not till 1 46 9 4 r that he was p ard oned by Ed ward IV . in the usual p o te ntou s d d ocument, ap p arently p rep are on the p rincip le of enumerating all p ossible offences that a human being could commit a nd then forgiving any of them the offender d might have committe .

Th e lease of 1 445 seems to have lapsed in 1 45 9 . Perhap s the d eath of Lord S tanley h a d something to of d o with this . B ut more p robably it was one the

ff of d of B loreh ea th e ects the isastrous battle , when the men of Cheshire were d ivided against themselves . I t is commonly stated that the Wars of the Roses h a d little or no effect up on the jud icial organisation a nd com merc i al of T p rogress the country . his was certainly not for f the case in Cheshire, where the ﬁrst ﬁ teen years of the war the ju d icial system of the county seems to have been nearly at a standstill . Practically no revenue was

1 I R R 1 m . 6 , s tor of r C . . ra 2 6 . 33 , , 3 Hi y Wi l , p . 3 . 1 C . R . R . 2 8c Ed . . 111 . 2 d . Ed . . 111 . 81 6 Ed 3 IV , IV 9 5 . IV. m 3 (5 ) 1 m C . R . R. 1 4 , . 9 TH E OF A 1 0 — 1 0 6 HUNDRED WIRR L, 4 3 5 9 3

1 d f d d a nd d a collecte rom the H un re s as regar s Wirral , wh t ” d r d a s revenue coul be got in was retu ne by ap p rovers ,

f a f no one would come orward to t ke a arm . For the two

1 6 0— 2 h a d S i r T years 4 , the issues which been let to homas S tanley a nd others for £7 only returned an aggregate

of 05 . d d d a ll f 3 I n ee , a p oun or two is that comes in rom

r f or . 1 6 S ff Wir al the next ten years or so I n 4 7 , the heri d d returns no revenue , because he states that E mu n Lither d ff f f o . d lan , the baili Wirral , took it himsel Litherlan d d for oes not ap p ear to have accou nte these items , as

f ff d 5 in the ollowing year the S heri is charge with 3 0 . in

’ of a nd 1 6 resp ect the two years income , again in 4 9 with

2 05 d . 8 . T d d his Litherlan was , it may be mentione , a d ffi d a nd a i cult p erson to eal with , ap p e rs annually on the Recognisance Rolls from 1 46 3 to 1 476 as being boun d

nd of over, u er the suretyship other Wirral men , to keep

d d A of S t. the p eace towar s R ichar , bbot Werburgh , another ﬁrebran d who h a d suffered imp risonment in

for d a nd Chester Castle altering the city bou n aries, took an active local p art in th e civil war . Th e re - establishment of law a nd ord er in Cheshire was

1 ’ Th e S h er iff s a c c ounts a l s o r ec or d th a t nothi ng wa s rec eive d in th e H und re d s from th e fo ow n tem s w c i n for m e r e a rs a e a r to a e e e n re u a r s ou rc e s ll i g i hi h , y , p p h v b g l “ of nc ome — Th e fines of ud e r s a nd s u tors th e rofits of th e Tou rns fine s i j g i , p , ’ a nell or u m r s on s u t s e r ff s a id a uxi l i u m i c com i ti s tr ea s u r e tro e s e c u r ita s p , p i i , h i ( v e ) , v , ” “ ” a c s r e c o n s a nc es fines a ttermina ti fine s for th e a ment of w c t me h a d p i , g i , ( p y hi h i “ ” “ ee n en wr e c fin es ro d e na r ii s l ev a nd i e x tus a u t a merc ia m enta for s b giv ) , k , p , i i " ” “ - fa c ta c ora m C a m er a r iis e t a uditorib u s R e s C e s tri e a nd freema n s e r . A , gi ilv c erta n a m ount of r e enue a mou nt n owe e r on to 1 5 . 8 d . for th e w o e i v , i g , h v , ly £54, 4 h l c ount wa s a c c ounted for i n s t f th tr a ts of th e us t c es a nd nc ud ed y , re p ec o e e s e j i i l

1 8 5 . 6d from ﬁnes n t re t u t i n E re a t a c kford a nd e s ew ere . £7 , . i ﬂi c ed befo he j s i c es y B l h 64 T HE WAPENTAKE OF WIRRAL

d a nd 1 d gra ual , it was not until 475 that any on e coul be

nd d K s i uce again to lease the H u nd red . William ny ty a nd Roge r H ole (both of whom we have met before) then

f d d o d ff r came orwar to so , but on very i e ent con d itions . T h e civil war h a d broken the county ; the silting u p of the D ee h a d p ractically d riven away the coasting tra d e

d of a nd so long enjoye by the p ort Chester, at Burton ,

D enh a ll a nd n of , Nesto n alo g the coasts Wirral the con sequent loss of tra d e with Wales a nd I relan d h a d caused the already d ep leted p op ulation to move to other a nd more

d of p rosp erous p laces , thus re ucing the number p eop le to

d r d Th ﬁ d o suit a nd service at the H un e Court . e p ro ts of ’ ff T a nd the S heri s urn were p ractically gone , there was the

n d of a nd increasi g juris iction justices quarter sessions . All these facts ten d ed greatly to red uce the p roﬁts to be

d a nd d f ma e by a Crown lessee , were oubtless some o the

fr 1 d d reasons why , om £7 in 45 9 , the ren t shoul rop to

1 6 A ﬁ 5 . 8 d . 1 . t £ , in 475 this gure there was ap p arently

f r of ﬁ for u n a air ma gin p ro t, as thirty years there is an interrup ted series of annual lessees who offered that d f amount to hold the H und red Court . Nor o the armers

h a d d ffi f seem to have any i culty in p aying their rent, rom which we may in fer the H un d red was settling d own a nd well un d er the control of the authorities . But the H un d red was still troubled from time to time with military affairs

b a iliﬂs . of 1 8 0 which kep t the busy I n the autumn 4 , a 1 of S of commission , consisting William tanley H ooton ,

1 C . R R . 20 2 1 Ed . . m . IV . I TH E OF A 2 0 — 2 0 6 HUNDRED WIRR L , 4 3 5 9 5

T n T M a of d d n a nd homas Poole , se ior, homas ssy Pu i gton ,

T Gl e d ﬁ homas g g , was app ointe to collect the ghting men of d d f rea di the H un re be ore Christmas , so as to be in ness to atten d the Prince of Wales in warlike array up on

’ d a A d three ys notice . return was also to be ma e to the Chamberlain of Chester from the gentlemen of the H und red to d eterm i ne the numbe r of horsemen with their 1 accoutrements that could be raised in each household .

r 1 d d Ea ly in 48 1 the bailiffs of Wirral were comman e , for of 1 00 urgent reasons a nd u n d er p enalty marks , to summon these commissioners before the Chambe rl a in at the Exchequer of Chester to hear a nd d o the matters 2 then a nd there to be exp ounded to them ; a nd a little later another array was ordered of all fencible men

a nd d d d a between sixteen sixty, to ep art on an ap p ointe y K “ i ” 3 with the ing versus p artes S c oc e . T d here is little of interest in the lessees for this p erio .

Th e of T Whitoff d ﬁ d a nd names homas , Roger O l el ,

d r of T a R ichar B ebington occur a numbe times , whilst hom s

G e lib ra nd e r m a n h a d though p erhap s not a Wir al ,

d fa of of of marrie into the mily Parr, owners the manor 4 f 1 l a a Back ord . From 49 3 onward s J ohn a p I th e l nd J mes B eb ynton were bed ells a nd bailiffs on many occa sions a nd

ff of a nd dd to them , with the baili s Broxton E isbury, a 6 d d d 1 6 a d commission was a resse in 49 , comm n ing that,

d - S ff r d T with the un er heri , R alp h B i kenhea , homas Hogh ,

1 1 d Ed . . 111 . I . R d . R R 2 2 1 C R . . 2 0 8L 2 1 Ed 111 . 1 . C . 0 81. . . IV. , . IV , 3 . m . . H en. . C R . R 1 1 1 2 C R . R . 2 2 1 Ed . m . . . 0 . IV 7 ( I ) VII 5 5 R . 66 m . 2 C . R . 1 , 6 6 T HE WAPENTAKE OF WIRRAL

for d d of a nd T the coroner the H un re Wirral , homas

Gl e of d g g Gayton , they shoul inquire into the accumula tion a nd hoard ing of grain in the H u nd red a nd cause it

d r f r to be p ublicly sol in the ma kets at a air p ice . 1 1 0 ﬁnd K I n 5 7, we ing H enry VI I . granting a lease T ff d of T ff d to Robert ra or , by the suretyship Joh n ra or ,

C of a nd of d d of hap lain , all issues p leas the H un re Wirral ,

ﬁ f rf a nd ﬁ as well as all nes , amercements , o eitures , p ro ts

to the said bailiwick p ertaining or in any way belonging,

of with the use a nd occup ation the said bailiwic k . Th e

a nd lease was for two years only, the rent , p ayable to the ”

6 5 8 d . of old 2 . a nd s f . d . Earls o Chester, was rent 3 4

f of a nd by way o Increase , a total p ayable at Easter T M ichaelmas by equ a l p ortions . his was the ﬁrst occasion

h ad d 1 on which the rent been raise since 475 .

of 1 0 f 2 Up on the exp iration this lease in 5 9 , a resh one

a I th ell a nd B eb nton was taken by J ohn p James y , who

a h d held the H und red some years before . John Gleg g of

a Th e a nd ﬁ f G yton was surety . issues p ro ts o the ofﬁ ce of

ff a nd d a d for of f baili be ell were gr nte a term ourteen years , a nd d 5 . the rent was again slightly increase , being 3 0 of

ld a nd 5 8 . f a nd ﬁ o 1 . d o rent new, at this gure it remained for more than one hun d red a nd ﬁfty years .

1 A . . No R 1 6 . . 6 C . R . . m . 7 , 9 p p II 1 C . R . R . 1 m . 1 . A . . No . . 79 , pp II 7 C HAPTER V I I

R M H E RY TO T H E END TH E F O N VI I I . OF E I GHTEENTH CENTU RY

’ Trans fer of Ch es hi re franc his es — Augmentation Ofﬁ ce— Queen E lizabeth s leas e to Cuthbert V ena bles — Th e righ ts a nd p ri vil eges of a l es s ee— Le as e to Willi am T rafford— Sir am M as s — R e ort on th e und red 1 66 1 — Lea s e to o n Willi y p H , J h Ca rter 1 66 2— T rans fer of und red to T omas D od 1 6 — Edward C e of , H h , 79 l gg ’ I rby— Lea s e to h is E xec utor by Queen Anne— J oh n C legg s marri age— H is two eas es— Court Ro 1 — S u t a nd s er ce— D eat of o n C e 1 6 8 l ll , 744 i vi h J h l gg , 7 , — - — n a es t h i s on o n L . n e Th a a s e a d l e s o s J h ieut Gen . Bi rke h ead Cl gg e l st le 1 runs out, 8 1 6 .

UP to the beginning of the sixteenth century the manage ment of the Crown franchises in C heshire seems to have

d of a a nd remained in the han s the p al tine authorities , leases a nd d ocuments relating to them are to be foun d

d f 1 1 0 entere on the Palatine Rolls , but a ter the year 5 no further leases of any Cheshire H u nd red s are to be foun d

few a nd there, though there are a grants ap p ointments

f ff for f d for o baili s li e or uring pleasure, but none the

d f Th e of H und re o Wirral . management the Crown land s a nd franchises in Cheshire was a t some d ate in

of . f r 1 the reign H enry VI I I , p robably be o e 5 45 , trans f d erre to the Exchequer at Westminster . But the system

of a n a enrolling the leases seems to h ve fallen i to abey nce ,

’ a nd none can be found for a p eriod of nearly ninety -ﬁv e 6 7 6 8 T H E WAPENTAKE OF WIRRAL

1 f a years . We are there ore thrown back gain up on the

’ S r ff a a f he i s accounts , but, lthough we can g ther rom these that the lease of 1 5 09 to I th ell a nd B eb y nton wa s p ro

’ d u 1 2 S ff bably renewe p to the year 5 9 , even the heri s ’ accou nts then fail to give us the lessees n a mes for a

- 1 0 1 p eriod of sixty ﬁv e years . From 5 3 to 5 9 5 all we know is that the H un d red was farmed out at the old rent of

8 ﬁ f a s of 1 l 1 s . d . S £ , uch insigni cant ranchises that a Hun d red h a d p robably been swamp ed in the rush of new Crown p rop erty which followed up on the d issolution of A d the monasteries a nd abbeys . sp ecial Court to eal with the forfeited lan ds a nd the suits concerning them

r was c eated un d er the name of the Augmentation Court .

T wa s d d M Au his Court issolve by Queen ary, but the g

O fﬁ d a nd ﬁnd mentation ce remaine , it is there that we

of d d f r 1 6 the next lease the H un re o Wir al . I n 5 9 Queen ’ 2 “ Elizabeth granted a twenty - one years lease of All our H u ndred of Wyreh a ll to one Cuthbert Venables whom the writer has been unable to identify with any of the Cheshi re families of th a t name? Th e franchise of the H und red is r efe rred to as p art of the late p ossessions of the Earls of

a nd r d f Chester, was g ante by Queen Elizabeth in as ull a nd a n of d amp le a manner as y the Earls coul have d one .

A ﬁne a d was p i by the lessee , but the rent remained at

1 Th e e nro ments of c ou rs e ma e x s t b u t C row n ea e t t t m r l , , y i , l s s a hi s i e a e s c a t te r ed i n a r ou s oo s a nd re c ord s w c a re s ca r c e nd xed a t l v i b k , hi h ly i e a l a nd v e ry d fﬁ c u t t r i l o s ea c h . 1 Au m nta t o ffi Mi s l c xx . f l e n c e s c . oo v o . c o . 1 8 . r nt d A e . No . 8 g i O B k , viii , 4 P i p p . II . 1 H e s ee m s to a e e ft no w or a d m n s tra t on a nd h i n m h a h v l ill i i i , s a e s not been found i n a n ed ree of th e ena e s fa m w c th e wr ter ha s met w t y p ig V bl ily hi h i i h .

7 0 T H E WAPENTAKE OF WIRRAL the sources of the revenue out of which they were to p ay f such rent , may be seen on re erence to the lease, but the d d d 1 gene ral nature of the rights has been alrea y in icate , a nd it must not be supp osed that the lengthy list of n n O n p rivileges now enumerated contained anythi g ew. f 1 6 the contrary, it is sa e to say that in 5 9 the actual sources o f the revenue of the lord of the H u nd red were not nearly so numerous as they h a d b een many hund red s

f a nd of d of years be ore , all those that remaine the actual

h a d d d d d . d income , no oubt, win le very much I t coul hard ly have been argued that the ﬁnes a nd fees of the f d d A S up erior Courts o recor hel at Chester or at the ssizes ,

f of f r 2 or be ore the J ustices the Peace o the cou nty, were d d ~ inclu e in the lease , but the Crown lawyers took care to

a d id d f make it cle r that it not inclu e them , nor the ees

C d r of 3 for taken at the ourt hel by the Cle k the M arket, the collection of all of which they reserved libe rty for the

ffi of o cers the Crown to enter the H un dred .

Th e d 1 6 1 a nd f r lease to Venables exp ire in 7 , o the next eleven years the H un d red remained in the hand s of the Crown . ’ 4 O n 1 6 2 8 - November 5 , , a twenty seven years lease

d T ff d of d T ff d was grante to William ra or ( Bri ge ra or ) ,

1 n 0. A te, p . 3 1 e s ta s ment i n th e re n f e nr f Th e bli h ig o H y VIII . o a re gula r a nd efﬁ c ie nt s upp ly of J us ti c e s of th e Pea c e for C h es hi re would tend s till furthe r to r ed uc e th e bus i ne s s of u th e H und r ed C o r ts . 1 A r o a oﬂi c ia l wh o e d courts i n e e r c t orou a nd town for th tr a of y l h l v y i y , b gh , e i l we ts a nd mea s ures a nd ues t ons a s to th e r c es of c ommod t e H w u igh q i p i i i s . e a s s p er

d 6 . d e . s e by 5 Will IV c . iii . d R v La n e . Enro l l u f 1 2 2 . r nted A . . v o e v . . . . No. l . P i p p II 9 ND H HENRY VIII . TO E OE XVIIIT CENT URY 7 1

d d d d a nd a of S i r gentleman , by ee un er the han s se ls

f n of of S i r John Walter, Chie Baro the Court Exchequer,

of of d James Fullerton , one the Gentlemen the Be chamber, a nd S i r T a T of of hom s revor, Baron the Court Exchequer,

f f a the trustees o the p rop erty o King Charles I . I t p f a nd p ears rom the lease (which , unlike the p revious one d f the imme iately subsequent ones , is in English) that our years before Trafford h a d arranged for a lease for thirty

a d h a d d ﬁne of 1 0 h a d one years n p ai a £ , but never taken

Th f d 1 5 u e o . 8 d . p the lease . rent the new one remaine 3 “ f a nd T ff d d as be ore , ra or agreed to p rovi e A sufﬁcient S tewa rd e skillful in the lawes to k eep e the courtes within

d d a nd a f a nd the Hun re , to p y his ees also all the exp enses of u u T d keep ing p the Co rts . his clause oes not again

a nd A ap p ear, may have been thought sup erﬂuous . nother new obligation was to submit to the commissioners of the ’ n of ﬁ a nd Ki g s revenue a statement all the nes , issues ,

’ ﬁ of d d K p ro ts the H un re , so that the ing s inheritance

a d A of may be the better known nd p reserve . system ﬁ d enrolling the leases was now also d e nitely inaugurate . This Trafford was a son of Thomas Trafford of B ridge

ff d d 1 6 2 a nd A M d of Tra or (who ied in 5 ) lice assy , aughter

T a ff d d d Willi a m Massy of Pu dd ington . William r or ie in 1 6 36 a nd the lease somehow became vested in his

S i r M of d d cousin , William assy Pu ington , Knight, who wa s one of the trustees of the marriage settlement of ’ l a nd T William Trafford s son heir homas .

I u . m 1 a r . zd . C . V e q p . 3 I 7 2 TH E WAPENTAKE OF WIRRAL

S ir William Massy took the R oya list sid e in the civil

a a r a a a w r a nd ssisted to hold Cheste ag inst the P rli ment . Up on the red uction of Chester he comp ound ed for his d ﬁne of 1 1 a nd f elinquency with a £ 4 4 , it ap p ears rom his 1 p ap ers that at that d ate ( 1 6 46 ) he was p ossessed fo r eight years yet to come of the franchise of the H und red of a nd ﬁ Wirral certain casual p ro ts within the same ,

d of 1 6 2 8 d d u n er the lease . We also are tol that in or i nary years the p roﬁts of the H und red were then worth

1 1 5 f £4 a year more than the rent . a act which

a f Th p rep res us o r an increase of the latter later on . e

d a nd ﬁ stewar at this time was one John Wilson , he certi es

of f of d d re a list ees the H un re Court , which has been p 2 “ ” O n f r served . e p en ny was charged o every essoyne

d d 2 d . (or excuse atten ance at the Court) , a summons cost ,

f o a f f r ee f d . o o whilst a 4 was p yable on entry an action ,

a nd for of . S fo r issuing execution , service it ixp ence “ ” amerciament was no d oubt a fe e p a yable in ad d ition

ﬁn ﬁ a e . T of to the hese gures seem sm ll , but the value money in those d ays must not be forgotten . ’ 1 6 a nd f r M assy s lease ran out in 5 5 , o the next few

d d d a d of years the H un re remaine in the h n s the Crown .

1 6 6 1 S i r d S - I n , Charles H arbor , the urveyor General of of r d A the R evenues the C own , instructe the ud itor to make a new r ep ort up on the leases of the H un d red of

1 “ ' r nte d i Th n f rd . e C e s re S e a v ol . 1 1 M r . T H l b . . e s s P i h hi h (3 i p 4 . y c omments a t . 1 1 a r h a p 9 e wid e of t e m r k . 2 M S . a r . S 2 0 8 . f. 1 . s on wa s a s o s te wa rd of C a d und red o urt H l 7 47 Wil l l y H C , t e n e d for a m C e of a ton a d s ta nt c ou s n of S i r T h h l Willi l gg G y , i i Willi a m Ma s s y . h e fees a r e d ent c a s a e t a t no fe e is m ent on t i i l v h i e d for a merc emen . T H HENRY VIII . TO END OF XVIII CENTURY 7 3

a The for a n Wirr l . reason this rep ort was ap p lication ,

6 f r f i n 1 6 0 o o d r d . , by one John Carter a lease the H un e

Ap p arently Carter was willing to p ay 2 05 . more rent d f d than his p re ecessor, but be ore a lease was grante the S urveyor- Gene ral thought it d esirable to obtain the Th usual rep ort up on the earlier ones . e rep ort is p re fa ced by a Latin d escrip tion of the H u nd red a nd its d rights , p ractically the same as that containe in the

a a nd T a ff d a re f d leases to Ven bles r or , which next re erre

T r . d to hen comes a memo an um in English , constituting

Af a the rep ort of the Au ditor . ter d e ling with the two “ : Th e last leases , he says p remisses were granted by

of a nd of d way lease not [by] way custo y , without the clause of S i qu i s p l us da r e v ol u er i t s i ne f r a ude v el ma l o i n en i o ﬁnd d a T ff d d id g , but I that the sai Willi m ra or p a y a ﬁne of te rm p ou nds to his said M aj es tie when he ” n f T was Pri ce o Wales . his seems to require a little

a d d exp l nation . When a H un re was in the hands of a ff of ff d d sheri or a baili who hel no lease , he hel it as “ ” a nd d ffi custos , it was his uty, simp ly as an o cial , to

f r d ﬁ n account o actual revenue ; he ma e no p ro t . O the d f d other han , the armer who took a lease p ai his rent to

a n the S heriff d mad e what he could . I t was usual for 1 leases of this kind to contain a p ower to increase the ’ ‘ ’ rent if a b oncz ﬁ a e offer of more was forthcoming ; but a

1 Th e c l a u s e u s u a lly ra n a s follows : S i qu i s s ine fra u d e v e l m a l o i ngeni o p ro ﬁ rmﬁ p r e d ic ta d e i nc r emento i nfra te rmi num p r e d ic tu m p l us d a r e v ol u er it tunc d ic tus

- ta ntu m a d e m ol ue re tenea tur s i ﬁrm m a e re v ol uer it s u ra d i c ta m . AB . p ro e s a h b p ' th f fa r th r f Mu r s s t of M un c a o ernment S e e e e e es i n e A to o . or m l ea s p p . P i Hi y i ip l G v " i n r Live p ool . 74 TH E WAPENTAKE OF WIRRAL system of ﬁnes was adop ted instead in the case of the d H un red leases . 1 Following up on the rep ort (which is otherwise unin te res ti ng ) comes a M inute of the terms up on which the d d d f esire lease will be grante , as ollows

’ This P erti c ula r is mad e by my Lord T re a surer s order of the 2 7th D ecember last up on the humble P etic ion of John Carter for a lease of the p remisses to be granted unto him for one a nd twe nty years i n such manner as the same were granted to William Trafford above me nc i oned i d f xxxis . ii d a nd at the above sai rent o v . twenty shillings

e r d e if d fitt p annum incremento , your lor ship s think in lieu of a fine of Tenn p ound s as was p aid u p on the fi d d rst lease . Provided that both the sai rents be uly p aid at M ichaelmas a nd the Annu nc ia c i on by equ a l p or cions d uring the time or within forty d ayes next p ast f d f And d either o the sai easts . that the lease be enrolle within six months after the d ate before the clerk of the ”

v o d & c . Pip e or else become y ,

I n consequence of these recommendations the next leases of the H und red of Wirral are to be found enrolled in the Pip e O ffi ce of the Exchequer .

Th e for - lease to John Carter, gentleman , twenty one

1 5 8 d . e r years at the increased rent of 5 . p an num was

d 1 2 Th e d grante on M ay , obligation to ren er

ﬁ w 8 e f c e C ro n Lea s es No. 2 2 1 . Pip O , , 2 fﬁ wn Lea 28 . r nted A N e c e C ro s es No . o 10. Pip O , , . 5 9 P i p p II . . H HENRY VIII . TO END OF XVIIIT CENT URY 7 5

a list of the p roﬁts of the franchise was enlarged to a

a a nd f n covenant , within three ye rs , in every ollowing seve th

d d of year, to lo ge a sche ule or rental , on p archment , the

f d d a nd d d revenue rom the H un re , with the names a resses

of of d d a nd of a nd all the inhabitants the H un re , the vills

hamlets contributing to the revenue .

a n d d f Whether y such rentals were ever ﬁle is oubt ul , T h as no trace of them has been found . e obligation to rend er them occurs in subsequent leases a nd can scarcely Th f d have been an emp ty one . e in ormation containe in such d ocuments would have been of considerable interest . Carter was p robably the same p erson as the John

few f d d of Carter who , a years be ore , was ma e stewar 1 d u e Denbigh by Charles I I . H is lease was to ru n out

1 6 8 f d in 3 , but be ore that ate it seems to have become f d R a nd ul h d D d trans erre , p robably by sale , to p or Ran le o

d of d of d no oubt one the Do s E ge in Cheshire . 1 6 T D od f I n 79 , homas , p erhap s a son or brother o “ d d for of S d Ran le , p etitione a new lease the tewar ship f ” f o . o of Wirral I n view the recent increase rent, no

a nd new survey was thought necessary , the Crown surveyor

’ agreed to give the op tion of a thirty - one years lease from 1 6 79 on the surrend er by R a nd ulp h D od of the existing

’ - D f 1 6 8 . od one , or a twenty seven years lease rom 3 chose 2 f a nd 2 th 1 6 the ormer, on the 5 November 79 the new lease

1 r . 1 2 C a r . . r ot . O ig II . 5 7 3 No 1 1 e fﬁ c e C rown Lea s es No. 26 1 . r nted A . . . . Pi p O , , 3 P i p p II 7 6 T H E WAPENTAKE OF WIRRAL

1 was granted at the old rental . App arently the covenants of h a d r f d a nd the last lease not been too ca e ully observe ,

h a d h a d r d p ressure to be exe cise on the lessee , but, as it app ears that n o d istress to en force their observance was

d on of d D od h a d allowe to be taken grants this kin , to

’ give a bond in £ 1 00 p enalty to the King s R emembra ncer

’ to carry out his obligations . Dod s lease of 1 6 79 became d d veste (whether by sale, escent , or otherwise is not clear)

d d Gl e of a of d rd in E war g g I rby in Wirr l , the son E wa

Gle of C a ld e d f A . g g y Grange , by a secon wi e n ne H e

1 6 8 a nd d d of was born about 5 , marrie J ane, aughter

S n of . S h e d d John corer, ge tleman , Westminster ie in

2 0 a nd d T . T 1 7 , was burie at hurstaston here are no

d of d of d d wa s recor s his lor ship the H un re , which now in the han d s of one of the most p rominent fa milies in Cheshire a nd one resident in the H und red ; a nd there it

a a remained for up ward s of a hun d red ye rs . E d w rd Gl eg g

d 1 1 0 a nd d d d ie on D ecember 5 , 7 3 , by his will (which is ate only ten d a ys befo re his d eath) he left the bulk of his

S i r Gle of f - i n p rop erty to William g g Gayton , his ather a nd Gl e of law John S corer, his only brother Joh n g g f T nm ore for . h e d T ra , on trusts his amily will was p rove

2 1 0 S a nd at Chester on January 9 , 7 3 , by corer, also in d f O ctober 1 708 by the wid ow . I t oes not re er to the

of d d d . lease the H un re , which p asse to his executors 2 Th e 1 1 0 1 0 d lease ran till 7 , but in 7 4 it was renewe

1 h r e nt of 5 a d i n 1 68 1 for th e u nd re d of B u c kl ow . Cf t e 47 . p i H m a r e th t . r nted A . N . . e e fﬁ c e C row n Le a s es NO . 8 0 1 . o 1 2 C o r en Pip O , , 3 P i pp II p

Huc k ow . o f 2 5 . a nd 1 as a er ot a d i n 1 0 1 for a ea s e of th e undr ed of £ , 7 £ h i p i 7 l H l

7 8 T H E WAPENTAKE OF WIRRAL

1 1 d f r - ﬁv e i n M arch 75 9 , the lease was renewe o twenty

f 1 6 . Th e d 1 5 . 8 d . a nd years rom 7 4 rent remaine at 5 , the “ H u nd red was now d escribed as p arcel of the revenues f of the Crown o England .

“ Th e only Court R oll of the H un d red of Wi rral that is f known belongs to this p eriod . U n ortu nately the roll

f a nd f itsel is missing, the p articulars that ollow are taken i 2 from a p artial cop y of t. I t was written on three sheets

of f a nd d . oolscap , ap p ears to have been in two han writings The main body of the record was p robably written by the “ d r stewar , while the p esentments seem to have been in

of urier w d the writing an illiterate j , ith a d itions by the

a stew rd to exp lain them . Th e roll is headed in the usual style as follows

H undred o Th e Court Leet Court aron and of ffrank f , B Vi ew m l le entl e d for th e s a d P eg e of J ohn G gg g . H l i To wit H undred th e ni neteenth Day of Ap ril i n th e s even teenth y ear of th e Reig ne of our S ov ereig ne Lord G eorge th e S econd and i n th e y ear of our Lorde 1 744 f r m b e o e J oh n C legg g ent .

T f d of of 0 hen ollowe the names the suitors the Court , 3 4

a nd f of r i n number, coming rom sixteen township s Wir al , ” Wa lla z e P ool ton a nd S e a c omb d viz y, , Liscar ,

r B eb b i n ton dd H ighe g , Prenton , Cap enhurst , Pu ing “ ” ” N N T ra nmore C a ld i e ton , Little eston , H ooton , ess , , , 3 A d a nd d . . Lan dican , rrow , Le sham , Woo bank Dr H u me

1 A . N . NO . r nted . o. 1 e fﬁ c e C rown Lea s es . 0 Pip O , , 5 99 P i p p II 4 9 n . s t . S oc . of La nes . a nd C e s . v ol . xx . . 1 8 . Tra s Hi h , vii p 3 3 s s t. S oc . Zoe . ci t . I n Tra n . Hi ( ) HENRY VIII . T O END OF XVIII T H CENTURY 7 9 notes that nearly all the suitors seem to have been house d hol ers, which is not u nnatural seeing that the obligation to d o suit a nd service at a H und red Cou rt was foun d ed

d d - in resi ence within its juris iction . Forty three resid ed

T -f - in ranmere , thirty our in Wallasey, twenty nine in Little

- d a nd Neston , twenty seven in Ness, eight at Le sham , six

d a n at Lan ican d Wood bank . Th e p resentments are chieﬂy for non - attendance to d o

a nd e . . suit service at the Court, g

Every one that d id not app ear that d o belong to this ” a ﬁn Court this d y we e in one shilling each . Th e i nh a b itta n of Pud d ingto[n] for not a pp eeri ng at ” this Coart in twelf p ence each .

“ Nineteen p ersons were ﬁned S ixp ence each for beak ” “ f a n in (breaking) the size o bread d ale .

Wa l z d ey . We or er every p erson that belongeth to

d if a d f 2 the p asture itch , a g p be broken own , a ter 4 hours if d u a 1 0 for d f f notis not ma e p , to p y / every e ault a ter

° notis from y constable or warned in the churchyard . “ M r d d . We p resent H enery B ir , Hy e, Elizebeth H ill ,

M u l e nex f d f d Th o. J ohn , John Ran or , James Ran or , Bertels in 5/ each for breach of an ord er (of last Court f for not keep ing up their p asture ence) . “ We p resent Josep h Robison for taking a large tree 1 e wea f d . away b ing a , in one p ou n

1 rd No d oubt blown d own by th e wi nd a nd a p erq uis i te of the lo . 8 0 TH E WAPENTAKE OF WIRRAL

' a niz s t d a nd d C p z u r . We or er John Mayson to cut itch

’ betwixt Joh n M ayson p oolh a y co rner a nd John Baxter s

oolh a a nd of 1 0 p y corner betwixt next Cort , in p ain / ' ' t d r n L zs k z . We or er eve y p erson that tur eth seep [sic] out to the common without a s ep a rd shall p ay twelve p ence each sheep .

Tm nmor d M e. We or er George yres to take away th e

’ thorns that ly in the gate in the R od e to S amuel fri es t s

a nd of of holt, betwixt the ﬁrst M ay next, in p ain twenty ” shillings .

d of for d No civil p rocee ings in the nature actions ebt ,

n d r & c . tresp ass , , are me tione , but it was not customa y d d to recor these on the rolls , which woul only contain the

of of d names the suitors at the annual View Frankp le ge , a n of d the p resentments the leet jury . T hese entries may be said fairly to illustrate the p etty a n f d of d yet use ul juris iction the Court in those d ays . I t

d of d is to be regrette that more such rolls have not survive , d d as they woul throw much light on the history, evelop f d f 1 a nd o d o . ment, customs the H u n re Wirral

1 Th a t r olls w e r e k ep t whils t th e C ou rt wa s i n th e ha nd s of th e Gl eg g fa mily is s ow n t s s o ta r r o of 1 b u t M r . r en ea d Gl e of a c for d a th e h by hi li y ll 744, Bi k h g g B k H ll , re s e nt ea d of th e r fa m h a s e e n una e t ow th e w r t r n H e os s e s s e p h I by ily , b bl o s h i e a y . p s a ﬁne s er e s of r o s for h is M a nors of r a nd r ea s r unn n a mos t c ont nuou i ll I by G by , i g l i s ly fr om 1 69 2 to 1 766 a nd from 1 790 to 1 8 2 0 (whi c h i t i s h o p e d h e m a y s om e d a y a llow to b e exa m ne d a nd from th e re u a r t a nd c a re w t w c t e s e a e ee n e t i ) , g l i y i h hi h h h v b k p by ' th e Gleg g s va r i ou s s te wa rd s (wh o w ou ld p r oba bly a ls o b e s te wa rd s of th e H u nd re d ' C ou r t) d u r i ng a p e r i od a lmos t e xa c tly c oi nc id ing w ith th e Gl eg g s fa r m of th e C ou rt of rra i t s e e ms m ore t a n e t a t r o s for th e und red C our t w ere e u a Wi l , h lik ly h ll H q lly

w It i e t a t m t b e found . ell kep t. s p os s ibl h t h ey a y ye T II T H HENRY VIII . O END OF XV I CENTURY 8 1

I t will be noticed at once that p ersons from only sixteen out of the threescore or more township s which existed i n Wi rral at this d ate a pp ear to have owed suit a nd service

of f to the H undred Court . I n the absence urther rolls it is unsafe to in fer that these were the only township s at this d ate within the ju risd iction of the H und red view a nd

f . leet, but it is p robably the act I t must be remembered that suitors who were bound to attend a manorial court leet

d f of d d a nd were excuse rom going to the leet the H un re , th a t a manorial View of Frankp ledge released the tenants ’ 1 of that manor from atten dance at the S heriff s Turn . Now there were a great number of manorial leets in

a nd d of Wirral , several p ersons were entitle to a View d of a nd Frankp le ge in various p arts the p eninsula , a care fu f f l examination o the township s reveals . the act that the ones absent from the H und red roll are just those which were , at some time or other, within a manorial leet or view . O n d d d id the other han , those whose resi ents suit at the H un d red Court in 1 744 seem to have been attached to no manorial leet , excep t in two or p erhap s three cases , which may p ossibly be accounted for by the local leet j u ri s d ic

n d 5 0 tion havi g lap se , causing them to come within the T f leet of the H und red . his exp lanation o the small number of township s attend ing the H und red Cou rt is 2 d Th e f not insiste u p on , but seems a natural one . act

1 ’ t C ons t tut na t r v ol S u s o s o . 00 . bb i i l Hi y , . i p . 4 2 Th e fa cts u on w c t t eor i s ut for wa rd c a nnot b e a dd uc e d e re b u t p hi h hi s h y p h , a re ba s ed up on th e p a r tic u la rs of th e c ourts l eet in Wi rr a l give n i n Or merod v l . o . ii 8 2 TH E WAPENTAKE OF WIRRAL that its leet jurisd iction was limited in this way would not affect the civil or Court Baron jurisd iction of the d d d u H un re Court, which seems to have been exercise p to the last more or less all over the H un dred .

Th f l d 1 1 6 8 . e d eath o J ohn G eg g occurre on M ay 4 , 7

d d 2 1 6 f By his will , ate December , 7 7, he le t all his p ersonal

r f a nd d a nd p rop e ty to his wi e, ap p ointe her his son J oh n

6 1 2 a nd . Th e (born December , 73 ) executrix executor 1 will was p roved at Chester by the son alone on Ju ne 7 , 1 6 f 7 9 , but be ore that d ate it was thought p rop er to vest the remaining years of the lease of the H und red in him . 1 T ff d d d d a d A 6 1 6 8 his was e ecte by a ee , te ugust , 7 , by

for a d which , a nominal consider tion , the wi ow trans ferred the franchise to her son a nd took from him the

d O u r d d usual in emnity . knowledge of this ee is owing to d the obligation to enroll assignments , which was inserte

f 1 in leases a ter 73 4 . A third Gleg g now became lessee of the H un d red of Wirral a nd held the offi ce for thi rty- eight years until d 1 8 6 his eath . I n the meantime he renewed the lease in 7 2 for twe nty- seven years from 1 78 9 a nd still at the old f o 1 5 . 8 d . 6 NO ﬁne rent 5 which was ﬁxed in 1 6 2 . was d . T Gle re exacte on the new lease his J oh n g g , who

d d a t As hﬁeld d si e H ouse , Great Neston , marrie his

Gl e 1 6 2 a nd d d 6 1 8 0 . cousin B etty g g in 7 , ie on M arch , 4

d d 1 8 0 2 a nd d H is will is ate J uly 9 , , was p rove at

1 La nd R E nro ev . ments v ol . xv i . S e A e . . No. 1 . l , p p II 5 1 e ffi c e C r own Lea s es 60 1 r nt d No. 2 . e A . N 1 . o . 6 C om ar e th e Pip O , , P i p p II . p r ent of 2 1 05 . for th e und red of B uc klow ra s ed i n 1 8 1 to 1 05 £ , H , i 3 3 , . IT H T Y 8 HENRY VIII . TO END OF XVII CEN UR 3

M a 1 1 8 0 d . d Chester on y 5 , 4 , by his wi ow U n er its n a nd p rovisions the H und red d evolved o his son heir, afterwards Lieuten a nt - Ge nera l B irkenhead Gl eg g (born

1 f November , who , there ore, became the lessee of the lordship of Wirral for the twelve rem a ining ye a rs

of 1 8 1 6 . the Crown lease , which ran out in I t was not

d a nd d f d of renewe , thus the H und re o Wirral p asse out the hand s of the Gl eg g s who h a d farmed it for upwards of a century . PART II

C H APTER V I I I

T H E L R SH OF J H W L L AMS 1 8 2 0- 1 8 2 O D IP O N I I , 9

’ S ta te of th e H und red C ourts — William H utton s attack— Th e Court of Wes t — D erby Th e Crown s ell s th e H und red— Th e Cla rem ont E s ta te Ac t— J oh n ’ William s Th e C rown gra nt Wrec k R oya l ﬁs h Queen E liz ab eth s n u r 1 — Trea s ur ro e Con c t on of ams for or er i q i y, 59 5 e t v vi i Willi F g y Trans f — er of th e H und red i n Pri s on C ommon La w C ommis s ion.

AT f d d the beginning o the nineteenth century , the H un re

T a Courts all over England h a d sunk very low . hey h d long survived their usefulness ; the grad ual fall in the value of money ren d ered the limit of j u ri s d ic tion obsolete their ancient d uties were almost all p erformed by the

a nd i ns titu justices or by the p olice ; , like many another

d . tion which has live too long, they became a nuisance

T of d d heir cumbrous machinery legal p rocesses , ill a ap te for d for ut the triﬂing isp utes which it was p in motion ,

was used as an engine of op p ression . Rap acious steward s a nd attorneys took ad vantage of the right to use almost

of f a nd all the p rocesses a sup erior Court , to oment d u of of exp loit p etty isp utes , to p ile p bills costs out

a nd all p rop ortion to the case , to extract p ayment by

d of f d iniquitous istresses to the ruin the u n ortunate ebtor.

As d of , however, the Courts were chieﬂy in the han s 8 4

8 6 TH E WAPENTAKE OF WIRRAL

h a enes ﬁnd pp to be an antiquary, he will this the only sp ecies of antiquity in the neighbourhood th a t d isgusts

h i m i f d a ; a ivine , he will have oc sion to warn his d two if hearers to avoi places ; a lawyer, he will wish 1 f i n if r himsel one ; he be no housekeep e , he will con

r f of a nd i f g atulate himsel that he is out its reach ; , it

wa s d p ossible he coul , in any p lace , rejoice because he d p ossesse no p rop erty, it might be in this . H e will

d d r n observe, they are sel om trouble with p enet ati g to of the root the question , but content themselves with

r u i t d the f . H e will also p erceive the jury are comp ose of d f the lowest class , collecte rom the shop , the street , a nd - the ale house , who , having no character to keep , h a ve none to lose ; equally n a rrow in u nderstand ing a nd f n n d a nd in ortu e ; humbly submitti g to irection , , d of d by echoing back the wor s the J u ge , become the

a A d a m gp ies of the Court . egener te Court can only be served by a d egenerate J ury ; in both the observer

d f a will iscover a amily likeness , they exactly t lly, but

d ff r off d with this i erence, while one ca ries the gol en f ” ﬂeece, the other looks wist ully on .

Th e methods of business can best be gathered from the following extract :

While an attorney frequently concern ed in the H un dred Court sat s moa ki ng his p ip e in a p ublic ‘ d d d if h a d house , he observe to the lan lor , he any d money owing him , he coul easily recover it without

1 t a f u d ed in res d enc e Th e j ur i s d ic ti on of th e H und red C our s w s o n i . O S OF O AM S 1 8 20— 1 8 2 8 L RD HIP J HN WILLI , 9 7 ‘ ’ d . d trouble or exp ense I have none , rep lie the lan d ‘ d u e lor , to this silver bait, but what I exp ect in ’ d f ‘ course ; answere his wi e with a smile , Joh n M f f ’ d owes or two mugs o ale . With this slen er authority the attorney p roceeded against him in the

d for f - Th e e x e nc e H un red Court our p ence . p soon d d mounte to more than two p oun s , at which p rice his ’ ff h a d d a nd b ed e ects , p erhap s , been rate , p oor John s f d was taken rom un er him with his other triﬂing chattels , a nd f d d f Th e he with his amily esp oile o housekeep ing . B a iliff of the Court who took the d istress a nd sold the f d p rop erty, orgot to ren er an account, or return the for d d overp lus , which John was irecte to sue him in

Th d a the Court of R equests . e lan lord app eared nd d e c l a r d d d ed he never gave , nor inten e to give , an or er d a to p ursue him in any Court, believing he woul p y a nd f him without , that his wi e meant no more than a

d f d u jest . Up on enquiry there ap p eare our shillings e d d ff to Joh n which the Court awar e against the Baili ,

d a nd who , being a stranger to ten er sensations habitu ' d of d ate to acts violence , was in no way abashe ; but of d all the p ersons in the Court, seeme the only one

f for d who elt no p ity this har case , a case where the

d d a nd little elinquent was surp rise into ruin , where the ” a n crime d the p unishment bore no p rop ortion .

Probably the Court of Wirral was not at this date quite so scand a lous an institution as the one d ep icted f by H utton , but similar abuses were to be ound all over 8 8 T H E WAPENTAKE OF WIRRAL A the cou ntry . cross the M ersey the Wap entake or

d d of d H un re Court West Derby, then hel by the Earl of “S f d rd d f e ton , as here itary stewa u n er a grant rom “ a nd H enry VI . , became a p ublic scourge , a Wap ing ” tax was a well - known weap on with which to threaten ’ 1 8 1 8 one s neighbours up on the slightest excuse . I n

of S d f i v r ool a request Egerton mith , the e itor o the L e p

M er cu r f d of y , to be urnishe with instances abuses in the

d d r d d f H u n re Cou ts , p ro uce , amongst others , the ollow ing letter, written by an unlucky man against whom a “ ” neighbour h a d commenced an action for word s (in which a p enny d amages would frequently carry ﬁve or six p oun ds of costs)

P LEAs R S U .

Th e whole c onc a rn of the wap ing tax was in this M i f way . y w e lost a new cloak a nd the woman that lived in our room was in a nd out for too or three ours

f b ed n a nd a tar we went to , then I went the next ight sp oke to hur why she was in a nd out tell 2 or 3 in

M r a nd . S h e r the morning went to . in the squa e

r s tra i n sent me a wap ing tax , which I was ve y g in

c nc a rn f a wief the o o it nd what was best to d o . the a nd I wen t to a nd told him my s itu a ti u n a nd

roa i s h d id I t was very g mater . that what I say to the

n a nd woman was in the room o ly both no witness .

l a 1 1 5 d A l d d oo 0 0 . this woul not I must p y to him £ , .

d d a nd d or elce my goo s must go . we p rai toul him that we h a d 5 small child ren a nd was very hard with

90 TH E WAPENTAKE 01? WIRRAL

d d few or escen ed to maim a nd crip ple them . D uring the

’ years following the exp iration of Gl eg g s lease the Crown h a d several ap p lications from other p ersons for the H un d d f d a nd re , but eventually the Commissioners o Woo s Forests (in whom C rown franchises were now vested ) d e

d d Two ci e to sell it by p ublic auction . reasons ap p ear to d ﬁ d d have inﬂuence them . I n the rst p lace they were a vise that the p ossession of the lordship of Wirral would very p robably attract one of the large l a n downers in the

d d S i r T S of a n H un re , such as homas tanley ( H ooton) or

i a n other, who might consid er t an honourable p p urte ance

a nd d to his estates , in the secon p lace the Commissioners were busy selling Crown lan ds un der the Claremont

Ac t Estate . O wing to frequent imp rovid ent grants by the Crown o f a nd f royal revenues ranchises , p articularly by William d f ﬁ . A of I I I , various cts, ating rom the rst year Queen ’ A h a d d ff of nne s reign , been p asse , the e ect which was that all grants or leases from the Crown of any royal manors or franchises for any longer term than thirty - one years or three lives were (with certain imm a terial e xc ep

d . f f tions) voi I t was necessary, there ore , be ore the Commissioners of Woods a nd Forests could sell any of

d d o Ac t of them , that they shoul have p ower to so by

Th e Parliament . p ower to sell in this case was given by ]l “ an Act p assed in 1 8 1 5 for ratifying the p urchase of the Claremont Estate a nd for settling the same as a resid ence

1 6 Ge o . c . 1 1 . 5 . III 5 O S OF O AM S 1 8 2 0— 1 8 2 1 L RD HIP J HN WILLI , 9 9

for Her Royal H ighness the Princess Charlotte Augusta

a nd S d d H is erene H ighness Leop ol George Fre erick , ” of a nd S a a lﬁeld Prince Coburg .

d Ac t of a nd U n er this the manors Esher M ilbourne , “ ” - a 1 together with the mansion house Cl remont, were

for 6 6 ooo whi c h a bought by the Crown £ , , was p yable in cash d d d p ro uce by the sale of 3 p er cent . consoli ated annuities . Th e p rop e rty was vested in the Commissioners of Wood s a nd l d Forests , who were given p ower to sell Crown an s a nd franchises in ord er to raise the money to rep lace

r h a d the 3 p e cent . annuities which been sold ; a nd the H und red franchise of Wirral was one of the p rop erties d sold un er this Ac t. I ts annual value by a recent survey z d 1 1 s was at this time set own as only £ , 5 . , although the

v d 2 1 1 5 8 d rent last reser e was , as we know, £ , . .

Th e d d r d d for H un re Cou t was a vertise sale by M essrs .

. of 1 6 1 8 1 . As Potts Co Chester, on November , 9 a

f r d r u ther in ucement to p urchasers , three p rivileges we e add ed to the franchise which h a d never been leased out T “ ” with it by the Crown . hey were the rights to wreck, “ ” “ ﬁs h a nd re to royal , to treasure trove in other s p ec ts the franchise as oﬂ ered for sale was the same as l that p ossessed by the G eg g s .

1 C la remont h a d been b u ilt by Lor d C live a t a c os t of on th e s ite of a

ous e u t S i r o n a n ru th e a rc tec t. After a s s n t r ou a r ou s h b il by J h V b gh , hi p i g h gh v i

a nd s it wa s a c u r ed a s a o e for a ro a r e s d enc e . r nc e s s C a r otte d ed h , q i b v y l i P i h l i

t er e i n 1 8 1 a nd th e K n of th e e a ns a r o r a ted it for th e us e of th e r o a h 7 , i g B lgi p p p i y l r ra nc e i n 1 8 8 ue en c tor a a c u red th e O r lea ns fa mily a fter the i r e xil e f om F 4 . Q Vi i q i — r e rt i n 1 8 8 2 8 a nd i t ec a m e th e res d e nc e of th e D uc e s s of A a n . p op y 3 , b i h lb y 1 t Re ort Comm s s oners of ood s & c . 1 8 2 . Fou r h p , i i W , , 3 9 2 THE WAPENTAKE 01? WIRRAL

The d auction took p lace at the Pie Bull , the quaint

old d r a nd hostelry still stan ing in No thgate , Chester, the

d of strange sight was witnesse a law court, with all its

d u t u atten ant rights , being p p to sale to the highest

dd . of ff d bi er John Williams , attorney, Liverp ool , o ere

a nd d d of d the most money, the H un re Wirral was knocke

d for 2 0 own to him £ 3 . Williams was a son of S amuel Williams of Great

f 1 8 1 6 Neston in Wirral . H e ap p ears as an attorney rom

d a n h a d d d S S t. onwar s , his resi ence in Nelson treet, James ,

. ffi S Liverp ool H is o ce was in U nion Court, Castle treet,

which is still tenanted mainly by lawyers . I n subsequent years Williams resid ed in S eacombe on account of his

. S o fa r d a nd u health as can be gathere , p to a certain

a nd p oint, he seems to have been a resp ectable p erson to

h a d have a fair p ractice as a solicitor .

Th e d 8 th A 1 8 2 0 sale was comp lete on the p ril , up on

which d ay th e £2 3 0 was p aid into the Ba nk of England . ’ A c op y of the d eed of grant app ears in M ortimer s H is ” l of d f Wi rra l tory the H un red o , but it is very inaccurate

a nd r d incomp lete . I n this cop y the p ice is state to be

£5 00 . I t seems scarcely likely that this was a clerical

a nd c o of error, it is p robable that an incorrect py the grant was p u rp osely su p p lied to M ortimer in order to

r f d d magnify the im po tance o the H u n re Court . This su pp osition is strengthened by the fact that the copy in M ortimer omits entirely a long p aragra p h in the original

1 - A n x o 1 t t s oo . P ete c o a ea rs a t e d . N . o 1 . A c om p . 5 4 5 p l py p p p p i II 7 hi b k

94 THE WAPENTAKE OF WIRRAL

Williams the Crown were clea rly infringing on the rights of the numerous lords of manors there who already

d a nd enjoye the right to it, we shall see later on that the p ower of the Crown to make such a grant was challenged

a nd the claim of the Lord of Wirral d isallowed . Pro “ b a bly wreck was d eliberately inserted by the Crown

ﬂi c i a ls a d o , as they were at this time actively eng ge in ’ ' urging the Crown s claim b oth to it a nd to foreshore all

over the kingdom . Th e right to royal ﬁs h whale a nd sturgeon cast ashore or caught near the coast— was one frequently

of granted away by the Crown elsewhere , but in the case 1 a Th e Cheshire it seems to have been je lously p reserved .

cap ture of a sturgeon was a matter of some importance . Among the record s of the Corp oration of Chester are 00p ies of letters from the M ayor of Chester to the Lord

1 of Chamberlain in J uly 5 93 , announcing the cap ture a

f . T ﬁs h sturgeon , which was brought be ore the Mayor his

d of D e e seems to have been taken on the Wirral si e the ,

a nd d r M a nd near Blacon , a isp ute a ose between the ayor

d T of T rev a lli n d R ichar revor , who allege it was taken on

d of a nd d the Welsh si e the river, belonge to him as Vice of d Ad miral or rep resentative the Lor H igh Ad miral . Perhap s it was in consequence of this d isp ute that Queen

1 H n d ec r e e of th e Ad m ra t C ourt 2 0 e . . the r or of r en ea d wa s By i l y , VIII , P i Bi k h d e c a red ent t ed to ro a fis h w r ec flots a m e ts a m a a n d eod a nd s & c w t n l i l y l , k , , j , l g , , . , i hi M S S 2 0 1 0 f 2 08 u ta n m ts on th e M e rs e . a r . . . B t i n hi s ea to uo c er i li i y H l , p l Q h d d a med wrec a nd r d . th e r or a s c o a wa r ra nto 2 E . fis h a nd it d oes not , 7 III , P i i l i k y l a a h t r u e u nt a u r ed the r t to t em p p e r ow he Pr io y s bs q e ly c q i igh h . O S OF O AM S 1 8 2 0— 1 8 2 L RD HIP J HN WILLI , 9 9 5

1 Elizabeth ap p ointed a sp ecial commission in 1 5 96 con

f r - a t- a nd sisting o Peter Warburton , se jeant law, Hugh

- for a Beston , the R eceiver General North W les , to inquire

a of ﬁs h of r into the c p ture royal on the coast Cheshi e . Th e letters p atent recited that it h a d been a p alatine

fr f ﬁs h anchise rom time immemorial to have all royal , “ ” a nd th orlh ed e such as whales , sturgeon , (p orp oise),

of caught in or about the shores Cheshire , brought to the

of fee d Castle Chester, where the customary was p ai to

f r r of ﬁs the cap tor . B ut o some yea s the cap ture such h

a d d a nd d e r h been conceale not rep orte , so that the p

u i s ites . A d q were being lost ccor ingly, juries were to be

d d d of dd imp anelle at the H u n re Courts Wirral , E isbury, a nd B u c kl ow as those bord ering on the sea a nd the rivers

a nd M a nd d d a s c e r D ee ersey, witnesses examine , in or er to

a tain on oath what royal ﬁs h h d been caught a nd by whom .

h r e T e commissione s were given p ower to nter the liberties , a nd were to make a rep ort to the next county sessions

a nd r of ﬁ . at Chester, p eserve the right the Crown to nes f d Williams , there ore , obtaine a right which at one

d d of d time was consi ere consi erable value . B ut the silting u p of the D ee a nd the growing ship p ing of the M ersey mad e it u nlikely that he or his successors would beneﬁt by the cap ture of many whales or sturgeons in 2 the n ineteenth century .

” 1 R 2 m C . R . . 6 1 . . A tra ns a t on i s r nted i n Th e e re f , 7 , 5 l i p i C h s hi S h ea (3 rd

v ol . . . 6 iv p . 3 A c ur i ous s eve nteenth -c entu ry ba lla d givi ng a d es c r ip ti on of a s tra nge a nd m ra c u ous ﬁs h a w a e c a s t u on th e mea d s of th e und red f rra is r nt i l ( h l ) p H o Wi l, p i ed

i n Th e C es re S ea f v ol . 6 . h hi h iii . p . 96 THE WAPENTAKE OF WIRRAL

“ Th e ri ght to treasure trove does not seem ever

’ n d d of to have bee exercise , but as the recor s coroners d inquests are not p reserve , it has not been p ossible to make sure . From this date to the abolition of the Court of the

H u nd red its rep utation rap id ly d eclined . Under the

of d of of guise the a ministration justice , the p rocess the Court was used to Op p ress a nd harass the inhabitants

of . a nd Wirral Protests app eals were unavailing, as the p ower of the Court was clear a nd the title of its d d O f owner beyon isp ute . wing, however, to the act that there were very few newsp ap ers circulating in Wirral at this date there has been d iffi culty in ob taining deﬁnite information of th e p roceed ings of the

d d d 1 00 Court . D r . Re hea recor s , however, that £ as a ﬁne or d am a ges were obtained by Williams from

d f for f Arch eacon Clarke , vicar o Eastham , an i n ormal

for d committal as magistrate, which he was summone f d d be ore the H un re Court, whilst a similar claim

of d against the rector Bebington , cause by a mistake

’ of d d for a nd the Justice s clerk , was comp ou n e g 5 ex p enses . But J ohn Williams d id not enjoy the fruits of his

a s 1 8 2 d of f . enterp rise long, , in 9 , he was convicte orgery Th e conviction in those d ays would have h a d the effect

f d f f of o causing, by attain er, a or eiture to the Crown d d d all his p ossessions , inclu ing the right to the H u n re of Court, but, by p reviously executing a mortgage all

9 8 THE WAPENTAKE 01? WIRRAL as Lord of the H und red was entitled to the p rop erty of f convicted elons . Th e bill of ind ictment at the trial was thirty feet long a nd contained sixteen counts a nd 5 00 law folios of word s .

d d rec om Williams was sentence to eath , but the jury men d ed him to mercy on the score of his p revious good

f a f f cond uct to his wi e nd our child ren . Be ore leaving

d d a nd the assizes the ju ge rep rieve him , eventually his

d f Ac sentence was commute to transp ortation or life .

d . a nd . d d cor ing to M rs Gamlin Dr R e hea , the trans “ ” p orted convict (called by the latter Roger Williams) eventually became very wealthy in the colon ies a nd kep t u a p a l rge establishment there . However this may be, he d isapp ears entirely from the history of the H un dred

Court . I n 1 8 2 8 Common Law Commissioners h a d been a p p ointed to inquire into the extent of the jurisd iction a nd authority of all borough a nd other local courts throughout

d d d of the King om , but, although the H u n re Court Wirral 1 of app ears in the list courts , no returns were made to of T the inquiries the commissioners . h e reason was

of a n p ossibly the conviction John Williams , d the fact

f h a d d r that his ather not , when their rep ort was issue , e of started the sittings the Court .

1 th R e ort Pt. . A . 8 . 4 p , II pp i . 3 C H APTER IX

TH E L R SH OF SAM EL W L L AMS 1 8 2 — 1 O D IP U I I , 9 8 5 3

S amue W ams — o n eac oc th e s tewa rd — ar amenta r Return for th e l illi J h P k , P li y ’ C ourt— um er of c ases — D s tr n a s and R e e n— P roﬁts — D r R ed ead s N b i i g p l vi . h effort to extingui s h th e Court— S ittings at N es ton— D eath of S amuel Williams — H is w — e ues t of th e undred to his rand s on amu ill B q H g , S el S p encer.

S AM EL LL AMS f U WI I was now , by virtue o the deed of

1 8 2 d of d d of a nd 9 , the Lor the H un re Wirral , owner of d d d all the rights p ossesse by his son . H e resi e at Great

N a nd 1 6 8 eston , was born in the year 7 , so that he was

- old d f sixty one years when he became Lor o Wirral . H e f d was a man o little or no e ucation . There is not very much in formation avail a ble of the

of d history the Court whilst he owne it, but there is n o

r d oubt he took ad vantage of his ights . Probably the

1 8 Court was not active again until 3 5 , when , as was

a nd of rofes customary necessary, a member the legal p

d d a nd d sion was app ointe by Williams as stewar ju ge ,

a n to p reside over d control the p roceed ings of the Court . d d of d d John Peacock , who was app ointe stewar the H un re

1 8 . r Court, was born about the year 79 H e was a solicito , a nd in 1 8 2 9 he became a member of the Liverp ool Law

h a d f d d . S ociety, which then been oun e only two years

d of S 1 8 — a nd H e was p resi ent the ociety in 43 44 , was the foun der of the late ﬁrm of Liverp ool solicitors called 99 1 00 T HE WAPENTAKE OF WIRRAL d d Peacock , Coop er, Gregory . M r. Peacock ie on the

2 th 1 8 8 6 d - a nd d 4 M ay , age eighty eight, was burie in

S mithd own . Cemetery, Liverp ool 1 From a Parliamentary Return of 1 8 40 we can obtain some offi cial d etails of the Wirral H undred Court at this

T h e d of pe riod furnished by the steward . juris iction the Court was there stated to exten d over the H un dred of Wirral : a nd the Court h a d cognisance of all d ebts

a nd d d d 05 . d eman s u n er 4 (a limit ﬁxe , as we have seen , by the statute of Gloucester in the time of E dward Th e offi cers of the Court at this d ate were the steward a nd d Th e d the owner Williams , who acte as clerk . uty of a a nd the l tter was to issue writs , to ﬁle p rocess ,

d d of con uct the or inary business the Court, bu t he was not allowed to issue execution in any case without p er s ona lly making the steward acquainted with the circum

T h e ffi of stances . o ce the Court (p resumably at Neston) was op en d aily from 1 0 to 4 for all p urp oses con nected

a nd d f with its business , the stewar sat every ourth M d for of &c . on ay the trial causes , hearing motions , Th e extent of the business is shown by the fact that in

1 8 6 1 d 1 8 1 1 a nd 3 there were 9 5 suits entere , in 3 7, 9 , in

1 8 8 1 8 1 a nd of R 3 , , that at the time the eturn , there were 1 3 8 actions p en d ing in which the ofﬁcer of the

d a nd Court was receiving the ebt costs by instalments .

1 R e a t n to C ou rts of R e ues ts C ourts of ons c enc e a nd ot er oc a c ou rts . l i g q , C i , h l l

a r . a ers v ol . xl i . I t a ea rs from t s Return t a t th e on o t er und r ed P l P p , pp hi h ly h H C ou r ts a live a t thi s d a te i n C h es hi re were thos e of B ucklow a nd Ma c cles ﬁeld— neith er of w c were d o n muc us nes s hi h i g h b i .

1 02 T HE WAPENTAKE OF WIRRAL

The Return already mentioned states that in the three years 1 8 3 6 to 1 8 3 8 there were thirty- three exec u

d of d tions , all against the goo s the ebtor, as there was Th d no p ower to issue one against the p erson . e stewar adds a no te that an execution was never allowed to if d d d f issue it coul p ossibly be avoi e , as it was o ten ruinous to the p arties , who were generally labouring

a nd f of men ; in all cases be ore issuing it, the clerk the Court was required to sen d a p rinted circular intimating to the p arties the consequence of not p aying the debt a nd a nd costs . I t seems likely that this exp lanatory gratuitous note was caused by the comp laints of th e

of d of opp ressive nature the p rocee ings the Court, which A f were being made about this time . urther note states that as a considerable part of the business of the Court f d of came rom B irkenhea , the clerk the Court atten ded in the neighbourhood every week for the convenience f o suitors . Th e net p roﬁts of the Court were at this d ate equally d d d a nd d a nd ivi e between the owner the stewar , the “ R eturn states that for the last three years they amounted ”

d . 2 8 5 . for to £ 5 , 9 3 Presumably this is the aggregate

a n ﬁ the three years d not the annual gure . I t rep resents less than £ 1 00 p er annum for d ivision between Williams a nd d a nd his stewar , it seems somewhat strange that a ’ man of Peacock s p osition in his p rofession should have fou nd it worth while to sit every month a nd to manage the Court for £5 0 a year . O S OF SAM AM S 1 8 2 — 1 8 1 0 L RD HIP UEL WILLI , 9 5 3 3

1 R d of d of D r . e head gives an account the p rocee ings

d a nd the Wap entake Court about this ate , when he was

of ff curate Bebington , in which he relates his e orts to extinguish the Court owing to the unjust a nd op p ressive f d d d nature o its p rocee ings . Dr . Re hea states that about “ the year 1 8 34 the p ossessor of the Court was John f of Williams , the ather R oger, both attorneys , the latter T having been transp orted in 1 8 3 3 . here seems to be no record of any one named Roger Williams ever having been d connecte with the Court, nor was there a Roger Williams ,

a nd d attorney ; there is no oubt, as we have seen , that it

d a nd was J ohn Williams the son who was transp orte , S f d amuel Williams the ather who owne the Court in 1 8 3 4 . d d “ Dr . Re hea goes on to say that at the time the County d Courts Bill , which extinguishe all minor courts was d a nd d d d agitate , that he en eavoure , by ap p eals to Lor

T oll ema c h e S i r a nd , Philip Egerton , others , to get the of d d d Wap entake Court Wirral inclu e in the sche ule , but f was unsuccessful . Probably he re erred to the B ill which

Ac t 1 8 6 a nd d became the County Courts , 4 , containe a

d of of sche ule local Courts R equest, which were thence f d a nd orth to be hel as County Courts , to which the

a nd Cou nty Court rules regulations were to ap p ly . As

d d of of the H un re Court Wirral was not a Court Request, a nd h ad d Ac t of a not been constitute by P rliament , it would not naturally be one of the Courts to ap p ear in the

d a nd d h v e h a d sche ule , special p rovision woul a to be 1 ” I n A re a e L ra r F e Vill g ib y . 1 04 THE WAPENTAKE OF WIRRAL

d A r d d c t f . ma e in the o its extinction , which Dr Re hea f d A f r aile to obtain . A sp ecial c t o the p urp ose was d of rohib i suggeste , but the exp ense obtaining it was p

’

. d d ff fa r tive . Dr R e hea s e orts were, however, so suc c es s ful that Williams ceased to harry his p arishioners . Th e establishment of these Courts of Requests a nd their d evelop ment into the new County Courts was another nail in the coffi n of the H und red Courts . D uring the ownership of S amuel Williams the Court was held at Neston (then the largest township in Wirral) in the build ing situated at the northern corner of what is

F T . R d d d known as ykes Weint . here Dr e hea ap p eare to interced e on behalf of several p oor p ersons who ha d

ﬁn d d a nd f d th e old been e or summone , ou n man Williams seated in a chair p laced on a table . ( Possibly this was f d be ore Peacock was ap p ointed to p resi e as steward . ) I n

d d for d h ad rep ly to a eman his authority, Williams sai he bought his p rivileges for a thousand p ou nds a nd there he d d d woul sit in sp ite of D r. R e hea or any one else but he dd d “ ” a nd u . a e , Give me my money I will give p my rights If d Williams was sp eaking the truth , then it woul seem

dd 6 00 d d that, in a ition to the £ a vance to his son whilst in

h a d d f d p rison , he ma e the urther a vances necessary to bring the amount owing on the mortgage of 1 8 2 9 u p to

ﬁ of 1 000 d d d the gure £ contem plate by the ee , but it will be seen later on that he refers in his will to the amount

a s 6 owing only £ 00 .

of S a n d d I n sp ite his age , muel Williams conti ue to hol

1 06 THE WAPENTAKE OF WIRRAL

d d A 1 1 8 f a letter, ate at Liverp ool on ugust 9 , 54, rom

of R obert Grace, solicitor, to the registrar wills , Chester, saying that S amuel S p encer h a d sold his interest in the

d of d Hu nd re Wirral , which was given to him un er his df ’ ’ d . S gran ather s will , to Grace s client, M r amuel H ollan for 1 00 Moreton , £ , less exp enses . Two new a nd striking characters now app ear up on a nd d f of the scene, the remain er o the history the d d H un re Court centres round their p roceedings . C HAPTER X

TH E L O RD SH IP OF SAMU EL H O L LAND MO RET ON

S ale of th e H undred to M oreton— Account of him— Th e Wap entake Court re v ed at es ton 1 8 — Ro ert ra ce th e s teward— His d s re uta e vi N , 54 b G , i p bl ’ — — T omas S m nce— His c h a rac ter C ontemp t of Court M r. h ith s experi e app oi ntment as affeeror— O ath of affeeror— Fines for encroac hments U nwilling j urymen— Fines of B ebington res id ents — J uri s dic ti on over high ways enforced— Th e R ailwa y C omp any forced to rep ai r th e b ridge at Tra n

— - — mere Th e reeve and al e ta s ter D es c ripti on of th e Court at Tranmere Ca s tle ote — M oreton c a ms th e fores ore— Cas es at th e Wa enta C H l l i h p ke ourt.

THE notorious S amuel H ollan d M oreton was himself a

a nd fa r 13 d solicitor, so as he connecte with the H und red

Court, he ap p ears nearly always to have been in alliance ’ with Grace ; p robably it was Grace s id ea that M oreton

d a nd for shoul acquire, exploit what they were worth ,

f d d h a d f the rights o the H un re Court, which allen into d isuse d uring the last years of the life of S amuel Williams

a n h a d S . At d d never been exercise by pencer any rate , d working, as it was rumoure at the time , up on the of S d d ignorance or p overty p encer, they in uce him to

f r o of 1 5 . p art with his rights the p altry sum £99, 9 1 Th e d d d d d transaction was carrie out by a ee , ate

S 2 1 8 d S a nd eptember 3 , 5 4, ma e between p encer More

S d of ton , whereby p encer, un er the p owers sale given

1 I n th e os s es s on of E. E. Ro ert Es . s ol c tor C es te r. p i b s , q i i , h 1 07 1 0 8 THE WAPENTAKE 01? WIRRAL

df r of 1 8 2 f d to his gran ather by the mo tgage 9 , trans erre to Moreton all the rights over the H un dred of Wirra l

d of 1 8 2 0 containe in the Crown grant .

S amuel H olland M oreton was born about 1 794 . H e

of a nd d was the son a cobbler, in his early ays was

f f for himsel a shoemaker, but orsook that occup ation f the more remunerative one o len d ing money . H e also in later years carried on the business of a licensed

1 8 d d victualler in Liverp ool . I n 3 3 he was a mitte as a

a nd exc e solicitor, ap p ears in the Law List, with some p

f d u of d . tions , rom that ate p to the time his eath H e d oes not seem to have p ractised his p rofession to any d f great extent, but he continued his money len ing, rom At which the greater p art of h is fortune was derived . d a nd h a d one time he live at Rose Place , Liverp ool ,

ffi rﬁ s d an o ce in M oo eld . I n subsequent years he live d in Hunter S treet, but having acquire some p rop erty

’

S d d d . in haw s B row, he resi e there until his eath H e

1 8 8 was a member of the Roman Catholic Church . I n 3

d A of f of he marrie gnes Bell , who was one a amily

- a nd d of twenty one (twenty girls one boy) , the chil ren a Liverp ool minister ! M oreton is d escribed as a man of avaricious a nd d d n p enurious ten encies , combine with a certain ec c e tric i ty of manner which served to cloak his real char acter . H e seems to have been entirely u nscrup ulous , a nd d a nd d , whilst it was in his han s un er the steward

of R of ship obert Grace, the rep utation the Wap entake

1 1 0 THE WAPENTAKE OF WIRRAL

of ff d ment, p erhap s as p art the bargain e ecte with him

Th e f d by M oreton . ﬁrst sitting o the Court was no oubt f a nd d . ormal , no business seems to have been transacte R “ ” obert Grace , generally known as Bob Grace ,

d a nd d who was really the stewar ju ge, was born about

8 a 1 1 0 . nd H e also was a solicitor, his name ap p ears in f the Law List fairly regularly rom 1 8 3 1 . Early in his career he lived in O live M oun t a nd his offi ce was in S S outh Castle treet, but subsequently he went to live

T . f at H olt Cottage, ranmere H e was a man o great a nd d ability, but a most eccentric isrep utable character .

h a d d of d a nd H e a high i ea his imp ortance as stewar , on one occasion when the jurisd iction of his Court was “ d d d d S i r isp ute , he is rep orte to have exclaime , , I would have you know that my Court has jurisd iction over ” 1

d a nd . everything excep t mur er, p iracy, high treason of T Th e boys in the streets ranmere, where the Court

d of was often hel , were in the habit, in consequence his “ ” of d a nd imp ortant air, calling him Lor Derby, once when Grace was p assing through the streets some of “ ’ them mad e a c h a fﬁ ng reference to Lord Derby s cocks ” a nd d hens , which seems to have annoye him . H e struck one of them on the head with a bag containing d “ d ” a legal tome entitle R oscoe on Evi ence , which , as ’ “ d ha d Grace s solicitor remarke , given many a hard ” 2 . ﬁn knock in its time For this assault Grace was ed .

1 ” W in Li v er ool D a i l P os t N v o . 2 1 , p y , , 900. 1 Li ver ool Ch ron i cle u 1 1 8 . p , J ly 4, 5 5 LORDSHIP OF SAM UEL H OLLAND M ORETON 1 1 1

H e was also ﬁned on another occasion for being d runk ’ a nd creati ng a d isturbance at the overseer s oﬂi c e at 1 Th d “ Tranmere . e overseer state that the judge made a p oint of resorting to his house on all occasions when he so fa r forgot his jud icial d ignity as to give way to

d d a nd d a f d in ulgence in rink, that the y a ter the isturb ance he added insult to injury by summoning the over

seer to serve as a juror to the Wap entake Court . Grace survived several years after Moreton ’ s d eath in

1 8 6 a nd d d 1 1 8 f d 9 , ie on February 4, 74, being oun lying head d ownward s at the bottom of the stairs of his offi ce T d in S outh Castle S treet . here was no evi ence how he f h ad f came to all , but he been seen shortly be ore in a

state of intoxication . H is brains p robably suggested to M oreton the acquisi

of of a nd tion the Court as a means exacting money, he seems to have been resp onsible for many of the remarkable d d d p roceed ings that occurre uring his stewar ship . H e p resided in Court a nd there exercised his considerable legal knowledge in d evising or u nearthing fresh a nd safe

O ne of f a nd methods of extortion . the sa est least assail

for of As able was the p ower to ﬁne contemp t Court . d d d isobed ience to any or er was treate as contemp t, it can easily be imagined how d angerous a p rivilege such a p ower could be in the hands of unscrup ulous p ersons such as

A a M oreton a nd Grace . lthough the Wap entake Court h d

for d d d o for no p ower to imp rison ebt, it coul so contemp t,

1 i r t 1 1 8 . L ve pool Ch ron i rle , S ep . , 5 5 1 1 2 TH E WAPENTAKE OF WIRRAL a nd it is said (though the writer ca n not check this) that M oreton actually h a d p e rsons lodged in the county gaol u ntil a ﬁne a nd an ap ology were forthcoming . S ome interesting information as to the d oings of M ore

’ f M r T S d ton s Court comes rom . homas mith , age eighty

ﬁv e d r d . 1 8 , now living in Clevelan S treet, B i kenhea I n 5 5 d H i nd erton S mith was living at Win le H ill , near , in Wirral , a n a d d one d y when he was at work in his gar en , a man called to him to come at once to the Wap entake Court S A sitting at the I n n known as the hrewsbury rms , H in

d erton. d H e treate the summons as a joke, whereup on two men were sent a nd S mith was haled to the Court in

- f d . O n his shirt sleeves his arrival he oun M oreton ,

a a nd a d d f d a nd Gr ce , others se te at a table sp rea with oo d f d ﬁne h im rink . Grace in orme him they were about to

2 0 for a nd £ not coming at once , that it was no joking “ d a matter . S mith was app ointe one of the ffeerors to a d S the Court (an honour which he sh re with hakesp eare, “ ” who held that p ost at S tratford - on- Avon ) Affe erors “ ff of M or taxators were , by the e ect agna Charta , a T necessary feature of H un dred Courts . hey were p ersons

d a nd d d ﬁ a who , up on oath , settle mo erate the nes nd

d for ff amercements imp ose o ences arbitrarily p unishable , h a d d or that no exp ress p enalty ap p ointe by statute . No such ﬁne could be inﬂicted by the Court u ntil ap p roved of a ffee rors of by the , excep t in the case a suitor p resent in f d Court who re use to act on the jury, in which case the

d d a ffe r rs stewar coul inﬂict a ﬁne without consulting the e o .

? 1 1 4 TH E WAPENTAKE 01 WIRRAL

’ of S ff ﬁ d I n sp ite mith s e orts , p ersons were ne p ractically d d f on no groun s , the sums obtaine being o ten sp ent in

d a nd f . rink , in entertaining any one in avour with the Court f d Th e members o the Court , with a p acke jury consisting

f f d d d f r d o their rien s , use to rive out rom B i kenhea to T d d H i nd erton in an omnibus . hey were usually resse in

f a nd shabby black tail or rock coats , their ap p earance can be imagined from the statement of a witness who told the

’ writer he could not in a week s time collect such a d is

- rep utable loo king crew in all Liverp ool . O ne of the p eculiar p owers always incident to a H u n

d d of d re Court was the right the stewar , when in want

of u rors d j , to comp el strangers ri ing or p assing along the

a T d highway to come in nd be sworn . his angerous p rivi

f d of M a nd a nd lege was reely availe by oreton Grace , used M as an instrument for extorting ﬁnes . erchants a nd

a nd f a nd visitors on their way to rom town , at the railway

d a nd d stations , were accoste summone to sit as jurors at

- - the nearest p ublic house , in comp any with the riff raff of A f ﬁn d . e the neighbourhoo re usal was met by a , which , d f of d f i n e ault p ayment, was exacte by means o seizure

’ a nd As sale of the recalcitrant s p rop erty . the real object was not so much to obtain jurors as money, a second s d d a nd ummo ns to serve woul be issue , so on as long as f f o . money in lieu service was orthcoming D r . Red head r elates that half the resid ents in Bebington a nd many else “ h a d d where , who were worth a shot, ealings more or

l . O ne ess u npleasant with the Court gentleman , M r . LORDSH IP OF SAM UEL H OLLAND M ORET ON 1 1 5

d 0 for - d Dobbin , was ﬁne three times at £5 each non atten

of ance at Court, but in this case the greater p art the M d . r p enalty was remitte up on submission . Fisher, - d d another well known resi ent, was summone to atten d , a nd d f i o d d 5 0 . A , up on the a vice his solicitor, gain he

d a nd was imp resse , again he sat , so , as nothing could be d f ff d d o . ma e out him , he was su ere to well in p eace Th e jurisd iction of the Court over highways a nd waste

d f d a nd ﬁ lan s was actively en orce , numerous nes inﬂicted ' for z . e . . p urp restures , encroachments I n one case a Wirral lan downer emp loyed a large number of stonemasons to

d d of erect a wall in a situation isapp rove by M oreton , who , of on the comp letion the work , at once took the masons into his service a nd p aid them for p ulling it d own again !

Th e d a nd d d ri ev owner p roteste , is sai to have carrie his g ance into the law courts at Chester, but, in common with many others who attacked the u ndoubted rights of the

d of d d a nd h a d a Lor the H u n re , lost his case , to p y the 1 costs . I n one instance the p owers of the Wap entake Court

Th a nd were p ut to a good use . e B irkenhead Chester

d T h ad Railway bri ge over Green Lane , Lower ranmere , for d some years been in a state of d isrep air. I t leake bad ly a nd the water remained und ried u n d er the arch n ways . Ap p eals to the Railwa y Comp any a d orders by

re magistrates were u navailing, whereup on Grace , who

d d T u A of si e in ranmere , took the matter p . j ury the

1 “ ” V d r i e A Free Villa g e Libra y . 1 1 6 T H E WAPENTAKE OF WIRRAL

d d a nd Wap entake Court viewe the bri ge , the rep airs were

d r d d d of ﬁne of or e e to be one at once , u n er p enalty a

1 00 a nd d of r of a nd £ , on p ain , it is sai , seizu e the line arrest of the manager a nd d irecto rs for contem p t i n case of non- O ne a comp liance . account st tes that , as the

a n ff of Comp y were still contumacious , the baili s the Court seized a t rain about to sta rt from M o nks Fe rry station ! This would be p ossible as there was no Ac t exemp ting

n railway rolli g stock from seizure in those d ays . M r .

T d a d - ﬁv e homas Fiel (now ge seventy ) , who was then

a f d d id stationm ster at H ooton , in orme the writer that he

a d d d not think a tr in was stop p e , as no oubt he woul have hea rd of it ; but he thinks some waggons may have been

wa s d fr a seized . Notice receive by him om the man ger of the Railway Comp any to atten d at B irkenhead Police

a of Court, to be sworn in as sp ecial constable , a breach

d . d d a nd f d the p eace being anticip ate H e atten e , oun that all the other stationmasters on the line we re also being

n r d sworn in . I st uctions were issue to them by the Com

a nd a of d p any to resist any seizure , in c se nee to summon a bod y of p latelayers a nd p orters to d efen d the Com ’

a n s M r . d rd r p y p rop erty . F iel hea nothing mo e about the matter ; a nd the Com p any eventually rep aired the b ridge a nd removed the n uis a nce .

’ Th e Hooton sta tionm a ster s ﬁrst exp erience of the

d of d d of d ff d . M Lor the H un re was a i erent kin oreton ,

d a of who was u nknown to him , one y got out the train , a nd f d f d d oun the p lat orm oor locke . H is arrogance

1 1 8 T H E WAPENTAKE OF WIRRAL

seems to have necessitated a larger consump tion of ale

of d than he was cap able managing . I t use to be an obligation on those who were entitled to en force the assize of bread a nd ale in this wa y to keep a p illory a nd

f a nd tumbril to p unish aulty bakers brewers . H istory d M d id oes not relate whether oreton so , but we may be sure that if he h a d thought their p rovision would have d d brought him any a vantage he woul have kep t them . E d mon dson was p robably one of the last Ale -Tasters

d R os s end a l e Al e-T T ever ap p ointe , the aster, aylor, being 1 p erh a p s the last in p oint of d ate . A d esc rip tion of the Court sitting at the T ranmere

d . Castle H otel has been sup p lie by M r George Clark ,

a nd . T senior, M r homas Garner, both ancient inhabitants

of d d of Birkenhea , who have very istinct recollections 2 Th the p roceed ings . e hotel was kep t by a family named

F e rn h ou h y g , who were in close alliance with M oreton a nd Grace ; a nd the sittings of the Court there contri

d T r bute largely to their takings . h e Cou t sat in a d d very large p arlour with an oblong table d own the mi le , a nd an elevated chair at one e nd for the judge or M d steward . H ere oreton woul sit with a clay p ip e in

a of d d a nd his mouth a nd glass rink besi e him , next to

d . a nd him his stewar Down the table sat the jury,

f d of the rest o the sp ace was occup ie by onlookers , all

d d d for whom were liberally sup plie with rink, p ai out

1 Not s a n d uer ies rd th . S e e e Q (3 vi . 390 ; (7 iv . 477 1 i rk nhea d N ews S e t . 1 a nd 8 1 6 . B e , p , 90 LORDSH IP OF SAM UEL H OLLAND M ORETON 1 1 9

“ of ﬁ d d of M r . the nes or exacte u n er the name costs .

d M rs . Garner was p resent when his gran mother, Ellen “ ” of T Garner , the licensee the Black Horse, H igher ran

wa s u f r f . mere, p t up on her trial o d amaging a ence I n

of ff of d f d d f sp ite the e orts Grace , she e en e hersel with

ﬁne of f d such skill that a one arthing only was inﬂicte ,

d d a but she was con emne to p y costs , which were taken d out in rinks all roun d to the assembled comp any .

1 8 I n June 5 5 , when the B ills un der which the M ersey Docks a nd H arbour Board acquired the Birkenhead d ocks f ﬁnd M d were be ore Parliament, we oreton a van cing a new A 1 d claim . local p ap er state u p on reliable authority that a sudden a nd unexp ected claimant to the foreshore of the Cheshire sid e of the R iver M ersey a nd D ee a nd

of d d comp rising the whole the B irkenhea ocks , was about f d to ap p ear in the p erson o S amuel H ollan M oreton ,

f d f wh o d . d o d o Esq , Lor the H un re Wirral , base his

. claim up on the Crown grant of 1 8 2 0 (no d oubt on the right “ to wreck a nd inten ded to assert his cl a ims p revious

Th e to the Dock Bills becoming law . Bills eventually d of p asse without any clause saving the rights , or giving

M a nd f s u comp ensation to , oreton , there ore we can only p f f p ose that he was unable , as was likely rom the orm

of f the grant , to substantiate his claim to the oreshore,

which in this case was of enormous value .

O n S 1 8 of ep tember 3 , 5 5 , one the Wap entake Courts (which were then held quarterly) took p lace at

1 Li v erool h ron i le une 2 1 8 p C c , J 3 , 5 5 . 1 2 0 T H E WAPENTAKE OF WIRRAL f 1 T t d . T the ranmere Ho el be ore Grace , the stewar here

a d for a a nd were seventeen c ses entere tri l by jury, as

of d d r d this was one the last H un re Cou ts ever hel , it

of of is worth noting the nature some them . A n action for d a m a ges for fa lse imp risonment was ‘ b M M a h on of d brought y James Liscar , schoolmaster, . d d a a n d . g i st Elliott Ho son , a Birkenhea p olice etective f A d for d d . n Ver ict the e en ant action by John B rown ,

of r d S coop er, B i kenhea , against J osep h ill , a Bebington

d . f a f for 1 1 . 1 1 o . armer, was £ , 9s the p rice new churn

d d 5 (I t will be observe that the claim was just un er 40 .

’ in accordance with the ancient limit of the Court s juris

A f r f r d iction . ) nother case was a claim o d amages o

a h a d d tresp ass by a squ tter, who enclose some vacant

a d T a d of l n at ranmere , ag inst the husban a woman who

h a d d on d . d tramp le the see s sown there Grace , as ju ge a nd d d r f stewar , hel that the squatte , whether right ully d in p ossession or not, coul maintain an action , but the

r f O jury returned a verd ict fo the d e en dant . ther cases

d d for of d o a nd inclu e a claim the p rice a g , an action for d amages against one of the sta ff of the highway surveyor fo r injuries received by falling over a heap of T d . stones in Beech Roa , ranmere

1 M rc ur S e t 8 Li v er ool e . 1 . p y , p 4 , 5 5

1 2 2 T H E WAPENTAKE OF WIRRAL

a nd Low H ill , Liverp ool . M oney securities to the

of 2 amount £ 9 00 were fou n d up on him . H e was

d a nd d charge with embezzlement, committe to the assizes

for . d h a d r d off trial Besi es the moneys he ca rie , Wilson for several years h a d misapp rop r iated sums amounting in

000 d h a d all to some £7 , with which , it was sai , he

a n T p urchased lan ds d house p rop erty . hese included twenty- nine acres of lan d a nd a p artially built house at Thornton H ough in Wirral (subsequently called the “ M C latterb rid e d anor House or Court H ouse , g ) , hel

f of S on lease rom the Earl hrewsbury, some house

O a nd d S d . p rop erty in xton , in Woo treet, B irkenhea d Whilst in p rison , Wilson threatene to take step s to M d of a nd . isp ose these p rop erties , essrs Brocklebank app lied to the M aster of the Rolls a nd obtained an

f d 5 injunction restraining him rom oing 0 . Wilson was tried at the Liverp ool sp ring assizes before Baron

a nd ﬁ d d f d Martin , at rst p lea e not guilty, but a terwar s

d . with rew this p lea Baron M artin , in sentencing him , said that it was the very worst case of embezzlement

h a d a nd he ever known , he must inﬂict the severest

for f p ossible p unishment, namely , transp ortation ourteen

S o fa r d f d years . as can be ascertaine what ollowe was

M a nd this . oreton Grace were quite alive to the med iaeval right conferred by the Crown grant of 1 8 2 0 on the Lord of the H und red of Wirral to the good s a nd chattels of a felon ; a nd so soon as Wilson was convicted they hurried over the river to T hornton Hough LO RDSH IP OF SAM UEL H OLLAND M ORET ON 1 2 3 1 f ’ ’ a nd took p ossession o Wilson s house . Wilson s wife a nd family were summarily turned out (a witness is alive

d d the d a nd who saw them ep osite in roa ) , the house d M was occup ie by oreton .

’ A M B r n t essrs . oc kl eb a k s instance a receiver was ’ d of a nd app ointe all Wilson s p rop erty, took p ossession

of of C la tte rb rid e it, with the excep tion the house at g , of which he could not get p ossession owing to the

of d id occup ation it by M oreton . H e not , however,

d r M d attemp t to istu b oreton , but at the same time woul

a nd f 1 8 M not recognise his rights , there ore , in 5 9 , oreton

commenced p roceed ings in Chancery against M essrs . ’ a ll d Brocklebank , claiming that Wilson s p rop erty veste

of f d in him as the p rop erty a elon , but that he coul

f d u e for not sa ely, or consistently with resp ect the Court,

d of d isturb the p ossession the receiver, notwithstan ing

O n 1 2 th that it was foun ded on no rightful title . the

1 8 6 0 f f M of J uly, , our years a ter the seizure , the aster

d d d c onv i c the R olls ma e a ecree , eclaring that, up on the

of for f f d tion Wilson elony, the aston ishing result ollowe

a l l d M f that his p rop erty veste in oreton , excep t our d S d houses in Woo treet, B irkenhea , which , ap p arently,

M essrs . Brocklebank were able to earmark as having

been bought with their money . M essrs . Brocklebank ’ a a h d to p y M oreton s costs .

1 M r s a m n c o n from th e Ma e r a m e t na c c u ra te s ta tes t a t s on . G li ( p yi g y p phl ) i ly h Wil ﬂ ed from u s t c e a nd t a t ra c e too os s es s on of th e ous e a s e n th e ro ert j i , h G k p i h b i g p p y of a n out aw or fu t fr u t e I t wa s a s th e ro er t of a c on c ted fe on l gi ive om j s ic . p p y vi l t a t i t wa s s e ed h iz . 1 24 T H E WAPENTAKE OF WIRRAL

re- M oreton allowed M rs . Wilson to occup y the house

C la tte rb rid e for . at g a time , but subsequently M rs

a nd f d Moreton , occasionally he himsel , live there u ntil f d d d shortly be ore his eath . H e p rocee e at once to erect

- a nd d r a Court house on the p rop erty, sp ent consi e able

n a nd sums in comp leti g it also the house , which he “ ” g ra nd iloquently named Th e Wirral M anor H ouse .

- d d f d Th e Court house stan s on the south si e o the bu il ing,

a f a r i a nd c n be seen rom the C l tte b r dg e R oad . I t is a

a a nd f of re d p l inly built lo ty structure brick , some 75 f 1 T h . e ﬁ eet long Court ap p arently sat on the rst ﬂoor, as there are n o wi nd ows in the lower p art of the

d a nd A d . buil ing, which is now use as a stable barn p recip itous ﬂight of stone step s lead s u p into a small

ﬁr fr d lobby on the st ﬂoor, om which oors Op en to the

a n f T h e d right d le t . oor to the right has a window in

a nd d r d the up p er p art lea s into a room whe e , no oubt ,

T f a nd 2 0 the Court sat . his room is some 3 5 eet long,

f d . n d eet wi e I t has three large wi dows on each si e ,

a nd ﬁ e nd d u . a rep lace at the , which has been bricke p Th e room to the left of the lobby was p robably intend ed

- d d d fr as a waiting room . I t is ivi e om the Court by a f T d o d d . d p artition p anelle woo his room , in a ition to f d d e nd our win ows at the si es , has two at the east , Th which are p artly ﬁlled with yellow glass . e insid e walls of of a nd d the Court are imitation stone , the buil ing

d r T must have cost a consi e able sum to erect . here

1 S e nt e fro i s p i ec e.

1 2 6 T H E WAPENTAKE OF WIRRAL exceed ed their cap abilities were summoned the follow

d a a nd if ﬁ d d ing y, not ne , were boun over to observe mod eration at the next meeting, a p romise which they

d d . were u nable to re eem , being never invite again 1 d d d of Li ver ool I t is sai that Davi Ross , the e itor the p

Ch r oni c l e d for , was threatene with committal by Grace

d of d d writing a lea er on the vagaries the H un re Court, a nd there are at a ny rate several references to it by that A p ap er in by no means comp limentary terms . I n p ril

1 6 S d of ff 8 5 , Greenaway aun ers , who was one the baili s

f for o the Wap entake Court, went to serve a summons

of T the sum eightp ence on homas Cross , a bootmaker in

f r d a d . o nd B irkenhea Cross some reason objecte , struck

ff d - the baili over the hea with a boot tree , inﬂicting injuries from which he subsequently d ied . I n commenting up on 2 “ Ckr oni c l e f d d d the case , the re erre to the ecease as an offi cer of one of those sinks of abomination— a Wap entake Court— nu isances which were rife a quarter of a century ” A ’ ago . sentence of nine months imp risonment on Cross was consid ered ve ry severe by the townsp eop le of

d h a d ff d d d f Birkenhea , who su ere a goo eal rom the

of ff attentions this baili . (Cross was , it may be re

d a d marke , curious character . H e obtaine much notoriety f r f A o for 5 . a nd d selling his wi e 5 to go to merica, rew u p f f a ormal agreement or her sale . H e fell d own d ead d 3 whilst engage in a walking match to Chester . )

1 ’ 1 M rs . a m n i n w xt Mer T s e a nd D ee . A r 1 8 6 . By G li i y p il 5 , 5 1 B i rke nhea d News S e t 8 , p . , 1 906 . LORDSHIP OF SAM UEL HOLLAND M ORETON 1 2 7

A further sarcastic reference to the Court ap p ears in 1 8 6 May 5 , when the p ap er rep orts a rumour that the B irkenhead bellman h a d got up a memo rial app lying for of the situation hangman to the Wirral Wap entake Court, f d a re erence , oubtless , to the p retensions of the lord a nd d d id to authorities juris ictions which he not p ossess . T d of ff here is no oubt that , in sp ite the e orts of some of d d the p ap ers , many scan alous p rocee ings of the Court

d . Th e a were never rep orte Court was a movable one, nd d d d d d coul sit wherever the lor or his stewar esire , so that in case of necessity a ju ry would be hastily imp anelled

d - b a nd f by comman eering p assers y , a travesty o justice

T e ad ministered on the sp ot . h newsp ap er rep orte r not

d a d being so ubiquitous as at the p resent y, the p rocee ings

d a nd f of woul only become known by hearsay, the ear contemp t of court might very well p revent reference to

them . Up to this time those who h a d attacked the Lord of the

d d h a d of d d H un re got the worst it, but an inci ent occurre a d l e d d f bout this p erio which eventually to his own all , a lthough at ﬁrst he seemed to have h a d the better

M r . o f . Th e his antagonist late Christop her Bushell ,

r 8 P . 1 J . , a Liverp ool me chant, about the year 5 5 bought

H i nd r n a a nd d the e to est te in Wirral , erecte the house ” Hi nd erton of S i r known as Hall , now the p rop erty

Percy E . Bates , Bart . Up on this estate there was a stone quarry by a footp ath which runs from Raby to Willaston d n ear the Water Tower. Exactly how M r . Bushell incurre 1 2 8 T H E WAPENTAKE OF WIRRAL d the isp leasure of the Wap entake Court is not clear, but he seems to have closed u p the ent rance to his quarry or

r d some road or footp ath nea it . M oreton objecte to this either as a n interference with a right - of- way or a right of

d a d M f a n r. taking stone rom the quarry , c lle up on Bushell

u d d to op en p the gate . H e ecline to recognise the autho rity of the Cou rt a nd was co nsequently summoned

a r f r As d id d o ﬁ d . to app e be o e it . he not so , he was ne

An for a nd ap p lication p ayment met with no resp onse ,

Moreton the refo re resolved up on a fatal step . H e sent his bailiffs at night a nd seized out of a ﬁeld a valuable A f cart horse belonging to M r . Bushell . notice was le t behind on a p ost sayi ng what h a d been d one a nd the horse

d a nd d was sol at Chester Fair , it is sai , bought back by

As wa s f r d f d the owner. it ea e urther seizures woul be

M r d f r a nd made . Bushell arme his men with p itch o ks

d a nd blu geons set them to watch his stock at night , but p robably M oreton began to realise the calibre of his

r d A d antagonist as no mo e istresses were taken . ccor ing

of d a nd d to some accounts the ep iso e, costly p rolonge

n r M r a n d of litigatio a ose between . Bushell d the Lor the

d d n f a o d o h s f d . H un re , but recor it been oun I t is clear,

M r . f r a however, that Bushell set himsel to b ing bout the d nfa of r - n f ow ll the Cou t, as the high ha d ed nature o its p roceed ings a nd abuse of p ower ren d ered its continua nce

a quite unbe rable .

Th e e nd of d r a nd the Wap entake ew near, the agita tions of the aggrieved inhabitants of Wirral were at last

1 3 0 TH E WAPENTAKE OF WIRRAL

f d f a nd out of the general un s o the country , not , as many d d of p eople have sup p ose , by a tax levie on the p eop le the a f d H und red of Wi rr l . Perhap s it is ortunate , un er the cir

a n s ca n a nd c u ms t c e , that a Wap entake Court be so quietly read ily abolished but we hop e that the Lords of M anors elsewhere who have latent Wap entake Courts on their estates will be a little more cautious how they d isp ose of such enormous p owers for a comp aratively triﬂing consid er

T . ation . hey ought to have some mercy on the p ublic

1 Th e Ac t of Parliament referred to came into Op eration

AS d 2 h 1 8 6 . d on the 9 t J uly 5 originally intro uce , the B ill

d h a d was simply one to amen the County Courts , which

d . then been establishe some ten years I n committee , how

of of ff ever, the inﬂuence the rep resentatives the su ering f d d M o r. inhabitants Wirral , p robably hea e by Christop her ffi d Bushell , was su ciently strong to get a clause inserte d T which gave a eathblow to the Wirral Wap entake . heir

d d a nd case must in ee have been a strong one , it is worth

f d if d of d noting as urther evi ence , nee be , the scan alous

of m isuse this p articular Court, that it was not until eleven years later that the jurisd iction of the other surviving 2 H undred Courts was curtailed . “ S ection 77 of the Ac t of 1 8 5 6 p rovid ed that from a nd

1 C ount C ourts Ac ts Amend me nt Ac t 1 8 6 y , 5 . 1 th e ount C ourts Ac t of 1 86 Th e und red C ourts f fﬂ w S ta ff a nd By C y 7 . H o O o ( s ) h H e mling ford (Wa rwi c k s . ) a d b een a b oli s hed i n 1 8 5 2 by s imil a r p rovi s i ons i n th e t t A a n t C oun y C our t Ac t of ha t y ea r . n c c ou t of h e l a tte r C ou r t i s give n i n Th e

und reds of rw c s re . a r A R I . l a e . . . B . A v o xxx . T ra ns . of Bi rmin H W i k hi , by B W lk , , . i , g a r h m A c h ae ologi c a l S oc i ety . LORDSHIP OF SAM UEL H OLLAND M ORETON 1 3 1 after the p assing of this Ac t no action or suit shall be d d d of commence in the H un re or Wap entake Court Wirral ,

of a nd a nd u ri s d ic tion in the cou nty Chester, the authority j of d All d a nd the sai Court shall cease . p en ing actions f suits were trans erred to the County Court . Every p erson who was legally entitled to any franchise or oﬂi c e in the Court was to be entitled to make a claim for comp ensa tion on the Treasury within six months after the p assing of Ac t a nd the , the Commissioners were to inquire what

of ffi a nd f a nd was the nature the o ce , what were its ees

a nd d emoluments , to awar such gross or yearly sum as ﬁ they thought t for loss of ofﬁ ce . I n d ue course claims for comp ensation were lodged T d with the reasury by M oreton as lor , by Grace as

d a nd a nd stewar , by Whittaker E d mon dson as reeve bailiff. Accounts were submitted b y the steward for the seven quarters from O ctober 1 8 5 4 to the e nd of

1 8 6 of J uly 5 , which showed the gross receip ts the Court

for d 6 0 6 5 . 6 d . i . e . that p erio to have been £3 , , about

2 00 fi £ a year, which is a surp risingly small gure con s id e ri ng the largeness of some of the fines said to have d id d . Th e of been inflicte majority, however, them not

d few a nd d of excee a shillings , , as alrea y shown , some them d id not always come into the han ds of the Court f ﬁ d in the shap e o cash . But d oubtless the gures supp lie T to the Treasury were as high as could be give n . hey d isp ose of the current id ea that M oreton a nd Grace mad e f a considerable ortune out of the Court . 1 3 2 T H E WAPENTAKE OF WIRRAL

d f for Ed mon dson , the reeve , state that his ees the

d d 2 5 . same p erio amounte to £44 , Th e following sums were awarded as comp ensation

To Moreton

To Grace

To Edmonds on

Th e H u nd red Court was now gone , but there still

d d f r remaine veste in M oreton , o what they were worth , the quasi - manorial a nd other rights conferred by the

of 1 2 T ff d Crown grant 8 0 . hese were quite u na ecte by

Ac t of 1 8 6 d id the 5 , which not p urp ort to revoke the d f grant . Moreton still continued to escribe himsel as “ d f Lor o the H u nd red of Wirral . Grace also ap p ears “ in 1 8 5 7 in the Law List a nd d irectories as S teward ” “ of a nd f 1 8 8 1 8 6 0 S d Wirral , rom 5 to as H igh tewar f ” o Wirral H un d red . Whether there was any substantial f d f value in what was le t to them is more than oubt ul , but efforts were occasionally mad e to keep the rights O n d d f d alive . one occasion a iamon ring was oun on

a the beach on the Dee sid e of Wirr l . M oreton p romp tly d d claime it, p resumably as wreck as it woul not consti “ a nd d d tute treasure trove, succee e in establishing his f 2 d f o . claim , or at any rate e eating that any one else Very early in his career Moreton h a d advanced his “ a nd of d of claim to wreck , sent notice it to the Lor

of a nd a nd the Manor Eastham H ooton , p robably to

1 1 nforma t on of th e Trea s ur . nforma t on of C a ta n ec ett I i y I i p i B k .

A 1 34 TH E WAPENTAKE OF WI RR L

l f d r d of C a ld a nd of Gayton in resp ect o the H un e y , u t f d u n d ocumentary evidence was p orwar , showing interrup ted enjoyment there of the right to wreck from M d of . early times d own to the ate the inquiry oreton ,

u t a d however, p in a cl im (base up on the Crown grant of 1 8 2 0 ) to all u nclaimed wreck foun d on the sho res of the Hun d red of Wi rra l a nd throughout the extent of

r re re the maritime limits of that H un d ed . H e was p d d d sente at the inquiry by Grace , who p ro uce the Crown

a of 1 8 2 0 a nd d d gr nt , the ee s subsequent thereto by M which the H und red d evolved up on oreton . ’ ’ D d d M . O ow When ealing with oreton s claim , M r exp ressed considerable surp rise at what he termed his

r a nd a very sta tling extensive p retensions , more esp eci lly seeing that the a mount of the p urchase money p aid by J ohn Williams (whose inte rest M oreton rep resented )

d f 2 0 a nd amounte only to the small sum o £ 3 , that M oreton h a d himself p urchased the whole of the rights ’ D wd f M r . O o or of 1 5 . the still smaller sum £99 , 9 p ointed out that the H u n d red of Wirral by the latest

d of of d surveys comp rised up war s acres lan , in

of ancient times comp aratively valueless , but then a

d of value imp ossible to be app reciate , over all which

T a d M oreton claimed lordship . h e commissioner s i that M oreton based his claim on the very comp rehensive lan

of guage the grant, but although this gave Williams

1 T und r ed w t n a und r d h a d i ts own C ourt a nd mus t not b e c on hi s H i hi H e , fu s ed w t th e M a nor of C a d w c wa s u te d s t nc t. i h l y , hi h q i i i LORDSH IP OF SAM UEL H OLLAND M O RETON 1 3 5 “ d r d of a all that was meant by the H un e Wirr l , there were qualifying a nd restrictive wo rds in the deed which ’ r O D owd in d icated (to M . ) that but a small p ortion of

d a s n d r the H und re w inte de to p ass to the p u chaser . “ Th e word s referred to were : Which said H undred a nd p remises are p ortions of the p ossessions of the Land Revenues of the Crown a nd were last d emised by letters p atent bearing d ate the 8 th d a y of Ap ril 1 78 6 to John Gleg g of Neston for a reversionary

’ M r . D d a term of 2 7 years . O ow complained th t the

Gle h a d d d h a d M lease to g g not been p ro uce , nor oreton been able to satisfy him what were the p articul a rs a nd cond itions of the sales of Crown lan ds at the time ’ d M of Williams p urchase . Un er the circumstances r.

’ O D owd intimated that before rep orti ng to the Board of T rad e he would have to obtain information from the O ffi ce of Wood s a nd Forests as to the terms of the lease a nd also the p recise lot of which Williams became

’ f M r O n o . D w the p urchaser . another p art the case O o d ffi n f A f felt consid erable d i culty . O re erence to the c t o

r d George I I I . it app ea e that the p ower to sell Crown

d d a nd lan s , here itaments , revenues , although embracing “ ” ’ D d id f . . O owd several royalties , not sp eci y wreck Mr “ could not a gree that a p o wer to sell he red itaments “ ” ffi b e was su ciently comp rehensive to include wreck , i n d cause, his view , the Crown was entitle to wreck by force of its p rerogative a nd not in the way of f i inheritance . Whilst eeling d oubts a nd d iﬂi c ult es as to 1 3 6 TH E WAPENTAKE OF WIRRAL

the excessive exercise by the Commissioners of Wood s ’

f of Ac t M r . O D owd a nd Forests o the p owers the , intimated that he could not think of rep orting against a claim which rested u p on a sale made by the Com d d missioners without fu rther inqui ries . H e d eci e there fore to make a sp ecial rep ort to the Board of Trad e d d a nd obtain their ecision whether, having regar to

d of of the wor ing the statute , the terms the Crown

a nd d of grant, an allege acquiescence the Crown in the f M ’ exercise o oreton s rights , his claim to wreck might

d of d d of not be ad mitte in resp ect, not the H un re Wirral , but of the p articular p art of it of which he was the bond ’ ﬁ a e a nd absolute owner und er the d eed of 1 8 2 0 . T d if d d his ecision , it may be so calle , oes not seem to

f a nd be very satis actory or very clear, shows the commis s i oner d id not app reciate what the franchise of a H und red

was . H e seems to have thought that a grant of the H u ndred of Wirral could not p ossibly inclu d e rights over the whole land of Wirral ; but there is no d oubt that it

d id a s d id , though , we have seen , it not carry the owner

of . As id ship the soil we know, the Crown lessees d not

if h a d p ossess the right to wreck , but they , it seems clear

a nd of d d that they, all subsequent owners the H un re , would have been entitled to wreck throughout the whole

of coasts Wirral .

’ ’ M r O D d s . ow rep ort to the Board of Trad e was con ﬁd e ntial d d f , but he woul no oubt ascertain rom the Com missioners of Woods a nd Forests that the Crown lessees

C H APTER XI I

T H E M O RET ON WI L L CA S E

D eath of M oreton— N ews p ap er a rti c l es — Th e maki ng of h is will— B eques t to Roman Ca th olic Bi s h op of Liverp ool of a ll h is p rop erty— V alidi ty que s tioned w — r G05 5 a nd th e und red of rra — d ow od es a c a eat by id ow D . H Wi l Wi l g v ’ — N oti c e to tena nts— P res sure on widow to c omp romi s e— M oreton s gh os t ’ Wi th drawal of widow s oppos iti on— S upp os ed h ei r-a t- Ia w i nterve nes — Tria l — — L t on m n r m nts — ames Will s et a s id e D eath of D r. G os s i tiga i a o g i va l c l ai a J M oreton e r- at—l a w— S a e of und red o W rra to Leat er— M oreton ets it , h i l H f i l h g — back Hi s d eath .

R ET d d M 2 1 8 6 M O ON ie on arch 4 , 9 , at his house in William

S d -ﬁv e a nd d Brown treet , Liverp ool , age seventy , was burie T h in the Catholic Chap el at Neston . e circumstances of his d eath a nd the making of his will were very e xtra ord i

a nd of d of d nary, no accou nt the Lor ship Wirral woul be f f d comp lete without ull re erence to them , as the estination of the rights of the lord was now for several years in d is p ute . A local p ap er was at this time d evoting much

of attention to the growing inﬂuence R oman Catholicism , a nd a series of able a nd at times amusing articles a t Th once ap p eared d ealing with the M oreton will case . e ’l “ ﬁrs t bore the sensational title Priestly Will - making in Live rp ool ; B ishop Goss H eir to a nd p roceed ed as follows

The of p ower which the Church R ome exercises , by

1 L i v er ool Cou ri er A r 1 86 . p , p il 9 , 9 1 3 8 T H E M ORET ON WI LL CASE 1 3 9 f f requently wringing rom her members , while on their d d of eathbe s , immense bestowals conscience money, is

h a d still notorious . We have the p ractice exemp liﬁed of n a f nd late years in umerous c ses rom the sister isla , where , if a d r ff a R Protestant scen ency has hithe to been o ici l , omish

a s n a ascendency h bee more actu l . B ut we may be p er mitte d to d oubt whether a ny of th os e m u ltip li ed insta nces exceed in ﬂ ag ra nc y a case of the ki nd which has just tran

Th n r r sp i red in Live rp ool . e most extraord i a y umours have been p revalent in the neighbourhood of I slington

d a M r ﬂags as to the circumstances un er which the l te .

S d M of n d d a nd amuel H ollan oreton , solicitor, this tow , ie

— or h a d d mad e a will , rather, as rumour p uts it, a will ma e f r — i n of o him , which the whole his extensive p rop erty

of of f goes to the Church Rome, in the p erson her chie

a r rep resentative here , the R ight R ev . D r . Goss , the titul

h M r M T e . Bishop of Liverp ool . late oreton in the

f r f a d course o his p o essional p r ctice, acquire , in some

rd of d d occult manner, the Lo ship the manor in the Hun re

f a nd of - a nd o Wirral , the rights court leet wap entake con

a d r f nec ted with it . I t has been st te that the p e son rom whom he obtained the Lord ship h a d succeed ed to it by d f b a d a nd escent , but, having allen into circumstances ,

d d of a nd being unaware , through esuetu e , the p rivileges d emoluments still ap p ertaining to the Lor ship , he was ‘ M r M in d uced to convey it to . oreton , though the con

’ d a nd a d sideration has never transp ire , it has been s i that the sm a llest coin in the realm will p robably rep resent 1 4 9 T H E WAPENTAKE OF WIRRAL i l d ﬁ d t. Th e original Lor , at any rate, bene te very little

for by the transaction , he is , or was comp aratively lately, M working as a lump er at the Liverp ool Docks? When r.

h a d d f f d M oreton got the Lor ship ully trans erre to him , he d resuscitated it with a vigour which astonishe the p ublic , who were u nd er the imp ression that it h a d been d one away

e el e . Th e with , or was at the most an utterly f institution ancient glories of the wap entake were sought to be revived

f . b a iliﬂs d in a curious ashion Reeves or were ap p ointe , ‘ ’ - a nd d ale tasters were sworn in , j uries emp anelle to

- a of attend the cou rt leet nd view frank p ledge . Th e d T sittings were usually hel at the ranmere Castle Hotel , Where small d ebts of the most trump ery character were tried in a fashion that ren dered the tribunal a complete

fa for f rce , though it was no joke any un ortunate suitor

d d for who happ ene to be cast in amages , the court, it

d h a d f a nd turne out , real unctions , amerced sund ry

a nd p ersons in very grievous p ains p enalties . Th e Lord of the Wap entake took cognisance of other a nd more

r se ious matters than small d ebts . H e d ealt with sun d ry

of - d d f a owners p rop erty in a very high han e ashion , nd f there was a amous collision with M r . Christop her B ushell , of d Neston , which eventually resulte in the abolition ,

Ac t of of by Parliament, the Wirral Wap entake , though many of the rights of Lord ship remained untouched T h e most aud acious thing ever d one in connection with

1 I t wa s s ta ted i n th e d e ed to a e e en a s we a e s ee n a e 1 0 a n te. h v b £99 , h v , p g 7 , 1 N d t f o oubt hi s re ers to S p e nc er .

1 4 2 T HE WAPENTAKE OF WIRRAL

ﬁ 00 f d xing the value at £3 3 , which so utterly aile to

’ M r r a d meet . Moreton s g e t exp ectations , that he use to

a f r of - thre ten , in his oolish , eccentric so t way , which really meant nothing excep t great anger —that he would

T M r a for shoot the own Clerk , . Josep h R yner, the share he believed him to have h a d in d efeating his exorbitant claim . “ We now come to the p eriod immed iately p reced ing ’

. d d M r M oreton s eath , when circumstances are sai to

d if a ll have occurre , which , they are at borne out by the f A d a . t acts , are sim p ly scan lous the same time we must d f of warn our rea ers that, rom the very p eculiar nature

r d rd the whole t ansaction , it is excee ing ha to get at the

a a nd f exact circumst nces , it is there ore very p ossible that when the matter comes to be sifted in a court of law— if

d d r it shoul ever reach that stage , as to which consi e able d oubt may be entertained — many of the p resent allegations T ﬁ d . will have to be considerably modi e hese allegations ,

a p u t into deﬁnite shap e from the va rious rumours ﬂoat,

u ff make p a story which is to the following e ect . “ F r a d . o bout two months p rior to his ecease , M r

h a d ff f a nd M oreton been su ering rom bronchitis , was

f r T f S ﬁ d . usually attend ed by D r . S top o d aylor o p ring el

O n of M d a 2 2 nd of M the evening on y the arch , he was

a nd d f ap p arently rather better, in accor ance with a avourite

h a d f d a nd habit , he one or two rien s neighbours with him at the house in I slington , enjoying some games at whist . Th e old gentleman d isp layed considerable mental a nd T HE M O RETON WILL CASE 1 4 3

d a nd f bod ily weakness as the evening p rogresse , a ter his fr d f d ien s le t he became , uring the night, much worse . There were besid es himself two women servants in the

M rs M house, . oreton being at that time also unwell at

- T . the manor house at hornton H ough Next morning,

T d 2 rd d d for ues ay, the 3 , his me ical atten ant was sent ,

’ - a nd he arr ived at the house at about half p ast ten o clock .

M M d . Th e d r . oreton then ap p eare to be insensible me ical

a nd d man was seen to shake him call him , but he remaine p erfectly u nd emonstrative u nder this active treatment . I t would app ear that his d isease h a d mad e such p rogress

d a nd that, owing to its p eculiar action on the bloo the

d a nd brain , he must have been p artially asp hyxiate quite f f incap able o exercising the ord inary functions o the brain .

Af d ma n f r ter the me ical le t , the Ve y Rev . Canon Fisher,

- a d a well known Rom n Catholic ignitary , with Whom

M h a d f r. Moreton been in requent communication , was

for f d old i n sent . Up on his arrival he ou n the man

xtr m ffi f e e i s . o Leaving him , the canon went to the o ce a

a nd f local solicitor, taking rom there a boy or young man ,

d f . T returned to the resi ence o M r M oreton . aking this

a nd of d youth one the servant girls into the be room , the d rev . gentleman p ro uced a form of will already d rawn

r r M r d M . u b ed u t out, aise o eton p in the , p on his

d e n d a nd a d sp ectacles , p lace a p in his han , , without re ing

r d f d a n d d the will ove to him , got hol o his han d gui e the ﬁngers of the dying a nd i nsensible man to form his

f of d signature at the oot the will , which was comp lete by 1 4 4 TH E WAPENTAKE OF WIRRAL

’ the solicitor s clerk a nd the servant girl being constituted witnesses of the assisted signature? By this will the

’ of M r r — f h a d whole . M oreton s p op erty some o which he obtained through his marriage a nd the total value of which is said to be little short of or — is A d of d R ev . bequeathe to the R ight lexan er Goss , B ishop

for of Liverp ool , the beneﬁt religion as taught by the

’ No f R oman Catholic Church . t a p en ny s worth was le t

’ M of to M rs . oreton , not a p enny s worth to any the nep hews a nd n ieces of her husband or herself— there are d T d no chil ren . his p ious work accomp lishe , another

f d a nd a d p ious work ollowe , extreme u nction was

d d for d ministere to the p enitent . Being now care , bo y a nd f d h a d f d for soul , his ecclesiastical rien s no urther nee ’ Th e d him . me ical man saw him again about nine o clock

of a nd that night in the p resence other p ersons , the same d d treatment as that p ursue in the morning was rep eate , this time it would app ear with a little better success .

Af a nd d old f ter being shaken shoute to , the p oor ragment

f a d o mort lity muttere something about being better, but nothing more could be got from him ; he relap sed into

a nd d of 2 th unconsciousness , towar s morning the 4 he d d d d d ie , his eath being uly chronicle in the obituary of 2 th of d u a contemp orary on the 5 M arch . I n e time the wid ow came to make inquiry into the d isp osition of his p rop erty ; a nd then she learnt how utterly bereft she

1 ' T ere wa s in fa c t no s o c tor s c er res ent th e a ttes t n w tnes s es e n h li i l k p , i g i b i g n t C a on Fi s h er a nd h e s erva nt gi rl .

1 4 6 THE WAPENTAKE OF WIRRAL

‘ ’ f d of r the beneﬁt o religion . B ut the isp osition his p o

p erty, however im p rop erly or susp iciously brought about, d may have been consistent with his intentions . I t is sai f d of f that he was requently urge , in the interests his wi e ,

of ff ut to make a settlement his a airs , but he always p the

off f d matter , though he requently observe in conversation with his frien d s that he would leave the bulk of the ‘ p rop erty to the Church - meaning the R oman Catholic Church — a nd would p rovid e his wid ow with £400 or

00 d £5 a year . I n case Bishop Goss succee s in sustaining

a nd d of his heirship to the p rop erty, to the Lor ship the d d of ‘ H un re Wirral , the question arises , What will he ’ d o with it ? Th e d ays of clerical ju dgeship s in Eng

d d . lan are , we p resume , p ast ; otherwise , shoul D r Goss be entitled to exercise the u nfamiliar but p resumably

d of d tremen ous p owers his Lor ship , we might anticip ate that one of the ﬁrst a nd most welcome of his jud icial acts would be to harry a nd op p ress arch -heretics like ourselves - should we ever come within his clutches— for the u n ‘ p ard onable sin of showing the p ublic how the Church of Rome still en deavours to enrich herself out of d eath b ed

Th e wid ow at once took the p reliminary step s to con “ test this extraord inary will by lodging a caveat in the

. x Probate Court M eanwhile , however, the clerical e ec u

’ tor took p ossession of M oreton s estate a nd issued the following notice to the tenants 1

1 B i rkenh ea d Adv erti s er Ma 86 , y 5 , 1 9 . T H E M ORET ON WILL CASE 1 4 7

I hereby authorise a nd request you to p a y the rent now d ue a nd hereafter to become d u e from you in resp ect of the p remises in your occup ation to Charles S tra ws e n as my agent a nd I und ertake to refund the same to you in f M d d the event of the will o M r . oreton being eclare invalid . s d ALEXA E D . D D R o . ( ) N G ss , ,

Exec utor to th e late S amuel Holland M oreton .

S uggestions of a comp romise between the widow a nd

a f ro the bishop , by the latter llowing her a com ortable p vision for life on her Op p osition to the will being with d d d a rawn , p ro uce hostile article in a local newsp ap er in these terms 1

No d oubt the bishop would be glad to come to some

of d a nd such arrangement an awkwar business , we may well believe that he would be ready to avail himself of any friend ly p ersuasion which would be likely to have d d ff the esire e ect up on the wido w. But there is a story current as to the kind of inﬂuence which is being brought to bear in the matter which is so lud icrous that we only give it in ord er to show what singular lengths some p eop le f will go in sup erstitious belie . I t ap p ears that

. M d d d M rs oreton , p en ing law p rocee ings , still resi es at

S h e d the M anor H ouse . is accomp anie by two d of women servants , evout Roman Catholics , one whom d d use to be servant to the R ev . Father Fleetwoo , who was the Roman Catholic chap lain to the Liverp ool Work

1 Li r ool ou r une 1 6 1 6 . v e p C ri e , J , 8 9 1 4 8 T HE WAPENTAKE OF WIRRAL house a nd d ied of fever in the d ischarge of his d uties .

O ne f - er of a nd o these women is , it app ears , a see visions

d f d a nd a reamer o reams , the story goes that she has on several occasions recently seen the ghost of the d eceased

u a nd d a nd d M r . M oreton walk p own the house evi ently ‘ ’ na i s d i d o y in his min , like the p g that sees the win in ‘ ’ T f O ne d a the song of Th e Whistling hie . y last week

M . at the early hour of six A . she came up on the sp ectre of the d ep arted Lord of the Wirral Wap entake stand ing und er a favourite app le tree in the orchard a nd wip ing his forehead in an agony of p ersp iration — the in fer ence being that his sp irit was troubled about the p roceed of d T ings of his relict in the matter his isp uted will . h e woman was so frightened that she ran off a nd told the village constable . Whether the rural p olice have succeeded ff d in e ectually laying the ghost we have not hear , but we d d f shoul strongly a vise them not to inter ere, because there are d elicate questions of p urgatory which might get sad ly

d u if f d f Th e mixe p their inter erence p rove success ul . whole story has created an immense sensation amongst the

of d d s Cheshire rustics , some whom shrew ly shake their hea a nd d say that the whole thing is inten ed to frighten M rs . M oreton into comp liance with the wishes of the d ignitaries of the Church to which her d eceased husband belonged .

Th e d d d p rocee ings soon reache another evelop ment , related as follows “ d ff of When we last notice the a air, very great p ressure

1 5 0 T HE WAPENTAKE OF WIRRAL

is the ﬁrst well - authenticated instance of a d isembod ied

a f Th of sp irit carrying such use ul article . e ghost ’ f H amlet s ather, with which we have hitherto been best d d d d acquainte , is istinguishe by a helmet , a p lume , a eep ‘ ’ a nd f of S bass voice , a p ain ul habit saying wear ; but ’ M r M . oreton s ghost, with whom in time the p ublic may f hop e to become on intimate terms , will hence orth be

- f d istinguished by its silk p ocket hand kerchie . H ow it has come to escap e from the limbo of p urgatory we are

f d a nd d not authentically in orme , as this is very elicate d f f groun we forbear to inquire urther . But the in erence

d a nd is clear, that the ghost has something on its min as d d d the ecease p urchase everlasting p eace by making D r .

d i s c o Goss his heir, the conclusion is natural , that the m fort arises from the results of the heirship being hitherto

’ interfered with by the wid ow s contumacy in d isp uting the will . When the ghost was visible on the occasion

f d S more p articularly re erre to , the symp athetic ightseer rushed to seek the a id of the village constable ; but the f d f rural p olice having aile , as we elt convinced they d f d woul ail , in p utting own the ghost , the servant woman

r d next reso te to the p arish p riest at Neston , a mile

off . T a nd or two his p ious venerable gentleman , it is d d d ﬁ un erstoo , was much shocke up on the rst d isclosure ’ of d d f of . G S the wi ow s isinheritance in avour Dr O S ,

a nd r f d M rs M ve y reely exp resse his op inion that . oreton h a d d d been har ly use in the matter . But time works

d f - won ers , even in the conviction o a well seasoned R oman T H E M O RET ON WILL CASE 1 5 1

a nd a of Catholic p riest, a singular ch nge p olicy on the p art of the reverend gentleman has l ed to the latest

- d evelop ment in this celebrated will making case . I t is

d M s M r r . state that at several interviews with o eton lately, sought by the lady with the view of arranging for the

of for of d d saying masses the soul the ea , the Neston

’ p riest has p layed the p art of a Job s comforter ; that he d d — ﬁrs t has p ointe out that her husban was well , not a a nd class saint, though p erhap s a very clever lawyer, d d that his p rop erty having been acquire by crooke ways , he can never by any p ossibility get through p urgatory

a nd f d d f S t . p resent himsel , uly whitewashe , be ore Peter, u nless atonement is made by d evoting the p rop erty to

’ — i n d ‘ holy uses other wor s , letting the Church , in the f A o . . t p erson D r Goss , take all the same time he assured her that the Church authorities were not u n

df of a nd d min ul her claims , he rea to her two letters

f . p urp orting to come rom D r Goss , or to be written with ff d his authority , o ering to p rovi e her with £ 200 a year d of f n uring the rest her li e , to leave her in u disturbed

of T p ossession the M anor H ouse at hornton Hough , a nd of the furniture there a nd at the house in William

S . M d d b e Brown treet, Liverp ool , where M r oreton ie ,

d d 0 for si es p aying the groun rent, about 5 a year, the house a nd land at Thornton Hough . What other arguments in the way of app lying what may be termed of d the p ower the sp iritual screw were use , or what threats of a na thema ma r a na tna at the latter end were 1 5 2 TH E WAPENTAKE OF WIRRAL

d d d of held out, is not state , but a evout aughter the

a nd a nd Church , verging on threescore ten , almost ’ ‘ ’ entir ely d ep end ent on the Church s generosity in life d d as well as in eath , woul be almost more than mortal to resist the inﬂuences which can be brought to bear

a nd d on such an occasion , we are not surp rise at the

Th e d d result . letters were not entruste to the wi ow ,

d 5 0 not even cop ies allowe , wily are these p riestly will M f d of . managers , as in that case the rien s M rs oreton

d d of woul have something tangible to lay hol , but a f u t f old d a nd p ap er in legal orm was p be ore the la y, f she was ind uced to sign it . Whether she knew its ull imp ort or not may be surmised ; but in fact it was this a h a d d notice to her solicitor, who hitherto acte in her

f d a nd d behal , to stay p rocee ings with raw the caveat

Th e against the will . lawyer, we believe , is not inclined

’ d a nd to let his client s interest be sacriﬁce , he d eclines to stay p roceed ings u ntil some legal guarantee is given by B ishop Goss for the p ayment of a d ue p rovision to d d M the wi ow , in case the caveat is with rawn . ost p rob

a a ably some such gu rantee will be given nd accep ted . A single member of the Church p laced in the p eculiar f M d p osition o M rs . oreton can hard ly be exp ecte to

- d d f ﬁght , single han e , success ully, the whole sp iritual

f a d fa r o n . a nd p ower the Church , so as M rs M oreton

Dr . Goss are concerned the affair is likely to e nd in such a comp romise as we have ind icated . What the d o Government may in the matter, or whether the law

1 5 4 T HE WAPENTAKE OF WIRRAL A each claiming p ayment of the rents . complete stranger named Bell also joined in a nd d eman ded the rents ; a nd d when the tenants , not unnaturally u n er the circumstances ,

d d a d d a nd ecline to p y any one , he levie a istress removed f h ad d of urniture , to which he no sha ow title , to a ware

Th e a a house . sequel was summons in the law courts nd an order up on the un fortunate warehouseman to give up 1 the goods at once a nd p ay the costs .

Th e ca us M oreton will case , which by this time was a e ’ l ce eb r e f d 1 8 . , came be ore Lor Penzance in June 70 I t ? lasted the better p art of six d ays An array of d istin

u i s h ed a d S i r Ka rs l a a g counsel was eng ge . J ohn ke nd “ ” d f r M r . Charles Russell ap p eare o the bishop the S oli

- c itor S i r . d . C General ( J ohn D Coleri ge) , Mr West, Q .

a nd . I nd e rwi c k for a nd . M r the Duchy ; Dr Deane ,

- - C . a nd a f a . S w b e or t . Q , D r . y the heir law d d f d Much har swearing occurre , but the acts turne out to be p ractically id entical with those related in d the newsp ap er article already quote .

D . d d D . Canon Fisher, , gave evi ence that he p rep are the ’ “ M of will on oreton s instructions , using a cop y Jarman f d of on Wills , which ap p arently orme p art his theological d of library ; that he suggeste the emp loyment a solicitor, but Moreton d eclined to have anything more to d o with “ ” of . lawyers , saying they were the scrap ings hell H e d d d enie that Moreton was moribun at the time , or that he

1 Li v er ool Cou r ier D ec . 0 1 86 . p , 3 , 9 1 u r e orted i n th e Li v e I ou rie r of th 6 th 1 6 th 1 th 1 8 th a nd F lly p W C 4 , , , 7 , , 2 2nd une 1 8 J 70. T H E M O RETON WILL CASE 1 5 5 d d ’ Th d d . e hel the ecease s han other attesting witness ,

d d a Ellen Chatterton , a servant, enie that she h d told

’ a d d M several p eop le that C non Fisher gui e oreton s han d , a nd now asserted that the d eceased fully und erstood what he was d oing . S evere comments were mad e by counsel a nd d f d a the J u ge up on the act , state by C non Fisher, that

d d a nd d n it was un erstoo between him the yi g man that, d d although the wi ow was not to be mentione in the will ,

2 00 f the bishop was to allow her £ a year, whereas in act he d id not agree to d o so u ntil she d isp uted the will a nd became a dangerous opp onent . I t was p roved that the signature to the will was totally

of d d a nd unlike that the ea man , that though a lawyer he

h a d . T d d signe in the wrong p lace his , coup le with the f contrad ictions of the witnesses a nd the evidence o D r . ’ S to ford T d d d d p aylor, the ecease s me ical atten ant, was so conclusive that Lord Penzance h a d no hesitation in saying f that M oreton at the time was incap able o making a will , a nd u d that the one set p was invali . 1 Great but unsuccessful efforts were mad e to free Dr .

f i of Goss rom p ay ng the enormous costs the litigation , up on the groun ds that he was abroad at the time the will d d was mad e a nd took no real p art in the matter . H e ie

d d O 1 8 2 a nd su enly in ctober 7 , there is reason to sup p ose his d eath was accelera ted by the od ium which he h a d to

ff r su er th ough his connection with the case , although there is no evid ence that he was in any way a p arty to Canon

1 os s v a nd ot er s 0 L . . . 2 L. T . 1 . G . Hill h , 4 J P 39 ; 5 33 1 5 6 T HE WAPENTAKE OF WIRRAL

’ 1

r d . f Fishe s p rocee ings M rs . M oreton was le t p ractically

a s of d p enniless , course the annuity p romise by the bishop if f success ul never became p ayable . Up on the d eclaration of intesta cy p rolonged litigation ’ at once ensued between many rival cl a imants to M oreton s d p rop erty, which was variously estimate but seems origin ally to have been worth some I t consisted of f d a nd d d reehol leasehol estates which , accor ing to the law of -a t- a nd - of- intestacy , went to the heir law the next kin

As . d d resp ectively regar s the leasehol p rop erty, our only

M of 1 8 interest is in the anor H ouse , the sale which , in 74 , h a s r d d Th e d d been al ea y mentione . wi ow was ap p ointe

d 1 8 1 d d 1 8 a nd f a ministratrix in 7 , but ie in February 73 a ter fu rther legal p roceed ings ad ministration of the p ersonal

of M ore ton a s d A estate w grante to Elizabeth lcock , a ‘ d d d istant cousin , by whom the leasehol p rop erty was sol

f - f- for the beneﬁt o the next o kin . Find ing the heir - a t- law (to whom the Lordship of d d ffi a nd Wirral woul p ass) was a more i cult matter, in the d ouble p rocess p ractically the Whole estate was d issip ated .

An d a nd inquiry was hel at Liverp ool to ascertain the heir, ’ a s M ﬁ d f d oreton s birth certi cate coul not then be oun , it d was assume that he was illegitimate, whereup on the Duchy of Lancaster took p ossession of all the freehold d d d f p rop erty, inclu ing the H un re ranchise , as having d escheate to the Crown . I nquiries were , however, still

1 For a c c ount of D r os s s ee D c t. Na t o H e wr t th tr t . G , i . Bi g . o e e i n od uc tion o C ros by Rec ord s (C h etha m

1 5 8 THE WAPENTAKE OF WIRRAL

d d d a nd d recovere estates , M oreton en ie this state that he h a d no knowledge of the transaction . After a lengthy r f - t ial be ore Vice Chancellor Bacon , all the transactions between the p arties were ord ered to be reop ened a nd i n

v es ti a ted d . g , but a comp romise was subsequently arrange O ne of the te r ms of settlemen t was that Leather should

- re transfer the H un dred rights to J ames M oreton . This

d d d f M 1 a nd was carrie out by a ee o arch 9 , James M oreton resumed his Lord ship of the H un d red of

’ a nd of of S M Wirral , the ownership such amuel oreton s p rop erty as survived the ten years of incessant litigation .

M d for few a nd James oreton live a years longer, d uring his life some attemp ts were mad e from time to time to enforce the few rights which survived to the d of d Lor the H u n red . Notices were sent to ﬁshermen a nd others claiming any sturgeon caught on the coasts of a nd M d d the D ee ersey , but p ro uce no results , as the ﬁs h were usually cooked a nd eaten or sold without

d a nd regar to the notices , it was not worth while d ﬁ attemp ting to p rocee against the shermen . When the Ma nchester S hip Canal was commenced notices were se rved up on the p romoters claiming com

e ns a ti on of f r of p in resp ect the o eshore the M ersey, but the Canal Comp any d eclined to ad mit that the Lord of d d of h a d f the Hu n re Wirral any right to the oreshore ,

1 I n th f F t e os s es s on o E . R o er s E . . s s o c tor C es ter . Th w r t p i b , q , li i , h e i e r wa s ba fﬂed for a l ong time by thi s r e - tra ns fer i n h i s s ea rc h for th e p r es ent owners of th e fra nc s e a s h e not unna tura a s s ume d it h a d hi , lly p a s s ed on to th e d e s c end a nts of Lea t e h r. TH E M ORETO N WILL CASE 1 5 9 a d T nd the claim was rop p ed . his must have been the

ff d of d d last e ort ma e to establish any the H un re rights , a nd forms a curious link between ancient a nd modern times .

d d S 1 8 8 a nd d James M oreton ie in ep tember 3 , un er his will (which was p roved at Liverp ool) the last remnants of the franchise of the H un d red of Wirral p assed with S ta n er a nd his other p rop erty to his executors , Charles y

for for ﬁ of William D utton , up on trusts sale the bene t d d a nd M his three sisters , Catherine Do , Jane Lee , argaret d a n d . Green , their resp ective chil ren For the p ast twenty years no attemp t has been mad e

’ of d a nd f to exercise any the lor s rights , we can sa ely bring our account of the franchise of the H u n d red of d Wirral to a close at this p oint, as oubtless nothing more will ever be heard of it excep t in the u nlikely

of ﬁnd of T T event a valuable reasure rove , when it might be worth while for the numerous p ersons now entitled to an interest u n d er the will of the last lord to p ut f orward their claim .

1 6 2 APPENDIX I

N a mes of ed e s and armers B ll F ,

RO ER DE LLE 1 2 0 0 M . A. 8 1 0 . B T PU 7 4 ,

M A 8 T h e ac tua re enue of 5 4 1 . . 7 5 , 4. l v

T h r t r H enry a. Char lee n e pe quis i es p o 1 1 a M . A 8 ~ 9 3 7 5 » 7 d d uced 1 1 5 . H en ry Coly } £ 5 . 5 5 .

1 7 13 1 Th e p erquis ites pro d uced 1 2 1 5 d £ , 5 . 7 .

Th wa fs i n Buc kl ow M A 8 m e i 1 2 1 8 9 . . 7 5 , 9 , . 4 . p rod uced 2 7 5 ; i n Brox

ton 05 . d i n , £5 , 4 . rra 1 8 5 6d Wi l , . .

M A 8 6 1 . . . R ecord ca ed 7 , , 9 d e y .

9 1 4 1 1

H E R COL 1 1 o o M . A. 8 6 , . Th e fa rms res umed N Y Y 7 5 . th e b ed el r a t 8 the y £ , wa 1 n h ifs at 05 . a d t e a f e ISites a t 05 h l p q 5 .

M A 1 1 o 0 . . 7 8 6 . 6 .

M A 8 6 1 1 o 0 . . 7 , 7 .

M A 8 6 8 1 1 0 0 . . 7 , .

i H . Co 1 No b ed e s na m en [ ly] 1 0 0 ll e giv .

[roll mis s ing ] APPENDIX I 1 6 3

R e ar m ks .

Th e revenue inc lud ed 8 8 d . b ed elr £ , 5 5 . y a nd

3 3 5 .

No proﬁt from p ris on su t i .

[7 F armer not named]

M An nc us . A 8 m . e farm of . 7 7 , 5 , . 4 i l iv th e H und red which ln c ud ed th e wa fs the l i . er u s tes th e b e d el p q i i , ry . the s erj ea nty of th e ea ce s ta a e a nd p , ll g ,

1 0 0 0 M A 8 m . . 7 7 , 7 , . 4 .

[re cord mis s ing]

LL AM DE M EOLES WI I 0 M 1 0 0 . A. 7 8 7 , 8 . WIL L I AM DE RENTO N

WI LLI AM DE N E UTON H IS PARTN ER

D AV D E S TANAY M A 8 8 2 ID . . 7 , .

M A 8 8 . . 7 , 3 . 1 64 APPENDIX I

N a mes of ed e s and Farmers B ll ,

A 8 8 . DAV DE S TANAY 1 0 M . ID . 7 , 4

T H O M AS DE S AYNES BURY

LL AM O N F T 110 E M A 8 6 111 . S O 5 . D 8 WI I , 9 . . 7 . , 4 . PUL TO N

Th e far m of Broxton M . A. 8 8 8 m . 9 7 , , . 4 H und red 20 £ .

M 8 A. 1 . 9 . 7 9 ,

H EN RY LE BRUYN Th e far mers a re d e M . A 8 m 9 . 7 9 , 5 , . 4 . R ICHAR D DE PRESTELOND s c r ibed a s b alhv x a n n a s s d ot bed ell .

d e . LL AM LE RO M A . 8 6 e WI I B UN . 7 9 , . B ll

LL AM DEL ROM E M A 8 WI I B . . 7 9 . 7 .

LL AM DEL ROOM E M A 8 8 m . . WI I B . . 7 9 , , 4

H E N RY LE BRUYN M m . A . 8 1 0 7 9 , . . 4. R ICH AR D D E PR E STLOND

T s eas e i s enro ed C . R . R . 6 m . 2 , i 4 , h l ll

d see A . I I . No. . 9 . ( p p The farm of Broxton

m 1 0 M . A. 7 90 , 3 . . 4 .

M A m . 0 1 0 . 7 9 , 5 , . 7 .

6 M A m . 1 0 . . 0 . 7 9 , , 4

1 0

N a mes of ede s a nd armers B ll F , Remar s k .

RO ER DE WYSWALE T h e farm of Ed isb ur B T 8 I M A 2 6 m y 3 4 ‘ ' 7 9 ' ' ‘ 7 ‘ H E R DEL ROOME 8 1 5 d N Y B £ . 3 . 4 .

OH LE C ALO ER J N H N 8 1 M A 3 4 . , 7 92 ' 8 . JO HN BE N ET }

M . A 2 . 7 9 , 9 .

a n 1 2 J . 4 , 1 4 1 . ceipts from th e farms of th e H und red s of C es re nor from th e h hi ,

TH OM AS M AYZ OWSONE OF 8 2 1 M A. 1 0 . 3 4 . 7 9 , WI LL I AM H ARE

H E R DE ALA N Y W Y 8 13 4 THOM AS JANKYNSON }

H E R ALA N W 8 M 2 Y Y 1 A. . 3 4 7 93 . ROG ER BROM E

H EN RY ADAM 8 . A. 13 4 M 7 93 . 3 . THOM AS BROUNE

LL AM M AR WI I TYN 8 1 M 3 4 : A: 7 93 . 5 RICHAR D LE H AR PER

THOMAs H OL E D N 8 1 M A 6 3 4 . . 7 93 . H E N RY WALAY }

H ENRY DEL CLYP H EN RY DE WAL AY APPENDIX I 1 6 7

Reference or

M A 1 0 . . 7 93 . .

R ER OB T DE THORNETON M Th e Sheriff a ccounts A. 1 . 7 94 , . RO ER BRYD E for 5 ﬁnes of ud ers B T 4 . j g and sui tors of th e H un d red of Wirr al pro s ecti s s u is h oc a nno i ntegro comi ta tus ces trienSIS a pud ces tri en " sem relaxand i s T s . [ hi ki nd of entry frequ ently a ppe ars ]

H ENRY LEDSHAM 8 1 M A. 2 3 . 7 94 , . H UGH Doo }

RICHARD J ACSON OF BAC K 8 M F R 1 . A. m 2 O D 3 7 94 , 3 , . 1 . JOHN DE KNOWESLEY l

OH Fox J N 8 1 M A m 1 2 3 . . 7 94 , 4 , . . JOHN DENWALL

JOHN J EV ANSO NE

R AR L E C ALO ER OF M . A. m . 1 . ICH D H N 7 94 , 5 , 3 LEGHTON

JO J EV ANSONE M A HN . . 1 3 . WILL I AM BEBYNGTON l

J O PRAUNSON HN M . A. 111 . 1 . 794 , 9 , 3 WILL I AM BROUNE

LL AM F AYRY WI I M A. 1 m . 1 . . 7 95 . , 3 THOM AS DE S ECOM E l

J O H OB O HN N 1 2 . M m . S . A. 7 95 . 3 , H EN RY DE WALEY l

M A m O S AYNES BURY . . . J HN 7 95 . 4 , WI LL I AM FAYREE 1 6 8 APPENDIX I

N a mes of ed e s a nd Farmers B ll ,

WILL I AM FAYRE E

JO HN S AYNES BURY d M A . . . 7 95 , H UGH Doo

m M A . . . 7 95 , 7 ,

A 8 m M . . 7 95 , , .

O S EYNESBURY M A m . J HN 7 95 . 9 . M FAI RR I E WI LL I A 1 6 d .

R E R B RYDDE A 1 0 m . O M . B T . 7 95 , , H E R DE ALE 1 d N Y W Y 7 .

H E R ALLE M 6 m ' A. N Y W Y . 7 9 . I . record d eca ed [ y ] 1 5 d .

6 m . RO ER BRYDD M . A B . 7 9 , 3 , T 3 4 H E R ALLE N Y W Y 1 6 d .

6 L L AM S ALWH ALL M . A . 9 , 4 . m. WI I 0 7 E 1 d H AM OND DE L E 7 .

m M A. 6 . O RATHEBONE . J HN 7 9 , 5 , ' 1 d R AL PH S MYTH 5 .

L M OBBURLEY M A. 6 6 m. PHI IP . 7 9 , , J O HN H ERSON

M B R EY M m RO ER O U L . A. 6 . B T 7 9 , 7 , R d ROBER T B ID 1 4 .

M A 8 0 0 . 6 8 m . . 7 9 , ,

1 2 d .

APPENDIX I

N ames of B ed e s and armers ll F ,

No return the S eriff M A by h , . m . 8 . 7 99 , 7 . . b ut he is d ebi ted with

205 . 8 d c o d . llecte b y th e a ffs of rra b ili Wi l .

M . A. 8 m 7 99 . , . 7 .

M A m 8 o 1 6 1 . . 7 99 , 9 , . .

1 o 4

1 6 8

LL AM K E TY WI I S 1 6 8 M m . A. . 9 . ROG ER H ULL

L AM KE Y WI L I ST 1 6 8 J O HN TYL1AT

TYU AT 1 6 8 M . A. 8 00 , 6 , m. 8 . THOM AS WH ITOFF

1 6 8 M . A. 8 00 , 8 , m . 8 .

1 6 8 M . A. 800 , 1 0 , m . 8 .

RO ER OLDEF I ELD G 1 m 1 6 8 M . A . 30 3 , , , 7 . APPENDIX I I 7 I

or R mar s e . R ev enue w/zen k

RO ER O LDEF IELD G I 6 8 H EN RY TAI LLOUR

M A RO ER LDE FI EL D . . I I 1 In NO n me fr O . 00 . co om th e G I 6 8 5 , i WI LL I AM KESTY ﬁnes of judgers and su tors of th e H und reds i , w c i n 1 8 RI C I I hi h . . rod uced p !II 3 .

I 8 M . A. I I I o m 6 6 . s x, . .

M A x 6 8 . . . 1 02 m . 6 II 5 , .

x 6 8

I 6 8

O T I LL I AT J HN I 6 8 T HOM AS G ELI BROUNDE

AME B EBYNTON J S I 6 8 J OHN AP I THELL

6 8 M . A. . 1 1 x m . . I II 5 , 9

M A 11 1 1 2 m I 6 8 . . . 5 , .

M A 8 I 6 8 . . . 1 1 rn. . II s 3 . A PPENDIX I

Referenc e or Remar s k .

RICHAR D WI L BRAHAM M I I 1 m 8 . . A. . 1 5 4 , . J O HN DANSON

M 1 In A . 1 . . . II . 5 5 , 9

M A 1 6 m 8 ro a a m s ta e for 1 . . . II . 5 , . P b bly i k 5 8 £1 . 6 . d .

M . A 1 1 m . . II . 5 7 , . 7

M A I I 1 1 8 m. . . . . 5 , 9

m Th e a cc ount is d a ted M . A 1 1 . . II . 5 9 , . 9 - H n b ut 1 1 8 e . . 7 VIII , should b e dated 1 8—1 9 H en . VIII .

[rec ords mis s i ng] I t s eems d oubtfu l if a ny accounts ever were ren r f r ea rs d e ed o these 3 y .

O AP I THELL J M . A. I I . 1 20 m. HN 1 6 8 5 , ' ‘ AME B EBYNG I ON 1 2 J S .

R ER TRAFFOR M A I I 22 m. A ea se for 2 ears O I 10 0 . . . 1 B T D 5 , l y S A 1 . enro ed . ee 3 ( ll pp . m N o C R R 1 6 ...... 7 , II

2 . 9 ,

P I HELL R R 1 m 1 . OH A T C . . . 9 , . A eas e for 1 ea rs J N 1 1 1 8 7 l 4 y BEBYNGTON AME enro ed . e J S ( ll Se Ap p . I I N R I h . o . 7 ) . ent

creas ed 1 s . 8 d . M C es ter A . I . ( h ) F a r m o f E d i s b u ry

2 Hen. . 6 1 5 0 . VIII £ ,

C t A. es er 1 6 1 1 1 8 M . ( h ) T he lea se of 1 5 09 a p p a H n 2 1 e . . entl renewed VIII r y . Th e enrolments c an

not b e found .

APPENDIX I

N a mes of ed e s a nd Fa rmers B ll , Referenc e or Rema rks

O GLEGG e Off ce C rown J HN Pip i ,

Leas es . , 437 3

2 I I 8 e Ofﬁce Crown Pip , L as es e , 5 099 .

O GLEGG SO N OF A BOV E L n R Deed of tra ns fer a d ev . Enro J HN ( ) l . A I I ro ed . S ee . . vol . xv i . ll pp NO .

2 Offi ce C rown Leas e for 2 ears I I 8 Pipe , 7 y A I I S ee . L eases 60 1 2 enro ed . . , ( ll p p N T h e rent of O. th e H undred of Buck

low 2 ros . ra s ed in , £ , i

1 8 1 to I OS . 3 £3 ,

BI R KENHEAD GLEGG As hei r of John

L R s ma r . ord s of th e H undred . e Reference . k

H und re OH LL AM d R En vo . f. The La n ev ro . l . x . J N WI I S . l viii 3 5 the C rown (Dee d enrol A No p p . II .

A L M M 2 - F 8 2 S M E L L A 2 1 . U WI I S ortgag e d eeds 3 4 eb . 9

E E mue ms S AMU L S PE NC R Will of S a l Willia .

H M R E D S e 2 1 8 S al e of th e H und red S AM EL OLL A O O eed t. . U ND T N , p 3 , 54

- - J AM E S M ORETON As hei r at l aw.

Th e d evis ees u nd er th e Will Of J ames M oreton APP E N DI X NO . I I

Leas e etc . of th e H d ed of Wi l 2 1 s, , un r rra from 1 3 5 to 8 20

PRELIM INARY NOTE

IN v i ew . of thei r inacces s i bili ty the wri ter h a s p ri nted all th e enrolled

eas es . Exce t Of th e r d s s eem nec s ar l p ﬁ s t oc ument no tra ns la ti on es y .

Th e eas es i n En s w b e s ufﬁ e n f r th e enera read er w s l gli h ill ci t o g l , hil t ot ers w refer th e or na L t f 1 8 20 i s fu r n ed a n. h d d o t h ill p igi l i T e ee lly p i , ’ as s eems des ra e s ee n t at a m i i bl , i g h utilate d copy s given i n Mortimer s " s tor Of rr Th Hi y Wi al . e deed s s ub s equent to 1 8 20 are i n th e ordi nar y forms of deed s re at n to free o d r rt a nd ar l i g h l p op e y e Of no i nteres t.

N 1 O .

F m Of th e ndred of W a 1 2 ar s H u irr l , 35

EXTRACT R OM TH E ACC UNTS F TH MAS DANYERS S HER F F O O O , I FF O

C ESTER . A M . 8 . N . H . H E TER B UND LE O ( C S , 7 4

' Exztus va ara m d S d i i g . [I em res ponde t] de xiij iiij d e ex t b us v ag orum Hundredi d e Wi rh al s i c afﬁrmati s Ranulph o R aket et

Henr c o d e Ch orleton b e delli s h oc anno i ,

’ ' P erquzs zta Hnn et de xiijs i iijd d e medietate perqui s itorum H und redi d redorum de Wi rh al i l h o Ra e t et e nr co . s c affi rma ta R anu p k H i de a a m di d e Chorleton b ed ellis h c a nno. n e etas , o U li perti net e i s dem b edelli s ratione firme s ue per c on e i m v nc one . F i r m a B ed el et de vijli xvjs v iijd d e firma b edelerie H undredi d e lorum Wi rh al s ic affirma te h oc anno Ranulph o R aket et Henr co d e horleton b edellis er d i ctos camerari um i C , p e t v i cecomitem ui c a i ent rat one firme s ue medi etatem r ui s itorum , q p i p e q m r i m rum toti us Hund redi uturam v el finem ro utura d e e t a e c a ento , p p p a nt uo d e cto er oc a i n Hund re do redic to nes div ers orum lib erorum iq li p l p , fi tenenti um p er c artam quorum terre e t te nementa non exced unt valorem I 7 S 1 7 6 APPENDIX II x15 er a nnum ne fac ant s ummoni ti ones i n anellis terci am a rtem p i p , p l v alori s v a ru er eos re s entatorum e t s uetam de i ndic tati s d e g o m p p , tra ns g res s i oni b us a temp ore b revi s v i cecomiti s perc epti p ro ei s dem a ttachi atis res pectuandi s u s que p roximum comitatum.

TRANS LATI ON

I s s u es o tire H an f r 1 5 d i n res ec t f f f [ e s wers ] o 3 . 4 . p o th e is s ues O ’ th e fel ons good s O f th e H undred Of Wi t h al let to farm to Ranulph Rak et and H enry d e Ch orl eton th e b ed ell s for this year : ' P er uzs ites o the d f r on a f f r . o e O th q f and fo 1 3 5 4 . h l e perquis ites of th e H undreds H undred O f Wi rh al l et to farm to Ranul h R a et and . p k H enry d e Ch orleton th e b edell s for thi s year ; th e oth er h alf b el ongs to th e b ed ells b y reas on Of th ei r farm b y c us tomary agreement :

a r m o th e d for 1 6 5 . 8 d . from th e farm Of th e b edel r Of F f an £7 , y

ed ells th e undred of Wi rh al l et to farm for t s ear b th e B . H hi y y s aid C h a mb erl ain and S h eriff to R a nulph Rak e t and

rl ton th e ed e s wh o w ta e b rea s on of t e r farm H enry d e C h o e b ll , ill k y h i h alf of th e p erqu i s i tes a nd amerc i aments Of th e wh ole H und red p uture or a ﬁne i n lie u th ereof i n res p ec t Of th e anc i ent ob ligati on i n vari ous plac es i n the s aid H und re d ; the ﬁ nes pa id b y d ivers freemen h olding r os e and s a nd tenements d o not e c i n a 5 e r b y c h a ter wh l x ee d v lue 40 . p annum to a o d a n to s er e th e ur s ummons es a t rd art of , v i h vi g v j y ; hi p ’ th e v al ue of th e felons good s p res ente d b y them ; and s uit from th os e ’ i ndic ted for trep as s e s from th e time of th e S h eriff s wri t b ei ng received a me attac ed ers ons unt h for res pi ti ng th e s h p il t e next County Court.

— oc c u r s more or es s i n the s a me form u nt 2 Th e c ef N O T E Thi s e ntry l il 1 3 7 . hi “ ” “ r i n th e word s mmed a te fo ow n s ueta m w c a re e t er i h va r ia tions a e i i ly ll i g , hi h i h ” s ionib us or r is onu m i nd ic ta tor u Th e m ea n n s e e ms d ic ta toru m d e tra ns g res p m . i g ” D e to i s s omet m es wr tten for d e c to. I n 1 2 a n nc us e fa r m th e s a me. bi i i li 37 i l iv “ e n V a oru m er u i s itoru m h und re d i b ed el rie s er a nti e a c s et s ta lla ii wa s ta k g , p q , , j p i g " H und red i d e Wy t h a ll a nd a p p a r ently inc l ud e d c er ta bona e t ca ta ll a felonum et "

f M. A. 8 m ntu r e . . fug itiv orum q ue v oc a p l ( 7 7 , 5 ,

” ’ 1 t rto read as med eta te b ut the wr ter s su es t on t a t i t was i n Al ways hi he i , i gg i h

M W. K o d after the ro ha d een treated w t so ut on. di ctatis was veriﬁed by r. . B y ll b i h l i

1 7 8 APPENDIX 11

et proﬁc uis e idem Ofﬁci o pertinentib us s ive s pe c tantib us a fes to s ancti Mich aelis anno r egni regis Henric i pos t c onques tum terc io u s que fes tum s anc ti Mi c h aeli s extunc p roxime s equens R edd ens i nde domino comi ti C e i lv ndas ad fes tum s anct M c ae s ro me futur um s tr e viii lib ra s s o e i i h li p xi .

NO . 5

’ H nr S L to S ir Th om S e and o h s 1 e y V I . ease as tanl y t er , 445

6 1 O . R . R . No. 1 1 M . (C 9, ,

' ’ ' D zmzs s zo a d r mn u s ad uos res entes li tterae e rv ene ﬁ R EX etc . O ib q p p

ma m H undredi l S i a i u d conces s imus et a d firmam ri nt S a utem . c t s q o de W reha le di mi s imu s d ec to et fideli nos tro T ome S tan e m t y . il h l y ili i Galfrido S tark e y de Northwic o e t R ob erto More 1 Ofii cium b alliv i et b ed ellari e h undred i d e [Wy reh ale] c um omnib us exitib us p roficui s Turni s v i cecomiti s et alii s c ommoditati b us eidem officio qualic umque p ertinentib us s ive s pec tantib u s Ha b end um ei s dem Th ome Galfrido e t R ob erto a fes to S anc ti Mi c h aeli s ultime p reter ito us que finem termini v ig inti annorum extunc p roxime s equenti um plenari e complendorum Reddend um i nde nobi s annuatim ad s caccari um nos trum C es trie s e tem ras ad fes ta a s c e et S anct M c ae s e ualiter p li b P h i i h li q . I n cu us rei tes timonum h as litteras nos tras fieri fecimus atentes j p . Tes te me ip s o ap ud Ces tri am xii di e O ctob ri s anno regni nos tri v i ces imo ua q rto. N O . 6

’ V . S L a of the d d to R ob e T ffo d 1 0 H enry I I e se H un re rt ra r , 5 7

. R . R . No. 1 6 M . (C 7 , 9,

a d E R C S etc . mn b us etc S c iati s uod nos er H N I U O i . q p [firma m] [Ro ma nuca p c i onem J oh anni s Trafford c apellani conc es s i b er] to [ Trafi or] d mus et ad firmam dimi s imus R ob e rto Trafford omnes H u n d r ed i d e exi tus placitorum h und redi d e Wi rehall h eenon fines W re/za ll y . amerci amenta fori s factura s et commodi tates b alliv ae predic tae perti nentes s ive aliquo modo s pectante s c um e xerci taci one e t occ upaci one b alliv ae predic tae H ab end um et Tenend um

1 Th e s a me a rt es too a ea s e of th e und red of Ed d s ur w is fu p i k l H i b y , hi c h lly e nrolled “ a s a o e a nd i s fo owed a n a r d b v , ll by b i ged c ons imili s d imis s io of th e H und red of eha l Wy r e. APPENDIX 11 1 7 9 eidem R ob erto et as s ig natis s ui s a fes to s anc ti Mic h aelis Arch ang eli u ltime p reterito us q ue ﬁnem termi ni d uorum annorum extunc proxime s equenti um c t pl enari e complend orum Reddend um i nde annuatim nobi s e t h eredib us nos tri s comitib us Ces trie ad s cac cari um nos tru m i bidem v igi nti s ex s olidos et octo d enari os prout res p ons um fuit i n c ompoti s p recedentib us et tres s olidos et quatuor denari os ultra d e i ncremento S olv end os ad fes ta P as ch e et S anc ti Mi ch aeli s Archangeli p er equal es p orc iones . e c m r i tc . Tes te t r o di I n c uj us e e . P i e Decemb ri s anno regni nos tri i i rc o v ces mo te i .

NO . 7

’ I I I s L of th e nd ed to oh a Ith ell H enry V . ease Hu r J n p and me B eb nton 1 0 Ja s y , 5 9

. R R . No . 1 M . (C . 79,

H EN R IC U S dei g rati a Rex Angli e et Franc ie et domi nus Hib ernie Omni b us ad uos res en r l tem S ci ati s uod nos te li i n S a u . q p s tterae p erv ene t. q per manucapci onem J oh anni s Glegg e d e G ay ton armigeri c onces s imus e t ad firmam dimi s imus J oh anni ap I th ell et J acob o B eb ynton et c orum al ter i omnes exitus et p roficua Offic ui B alliv i et Bedellarie h undredi nos tri de Wi rehall i n comitatu Ces trie H ab end um et tenenendum ei s d em J ohanni c t J acob o et as s ig nati s s u is a fes to S anc ti Mi c haeli s Arc h angeli ultime p reteri to u s que fine m termi ni quatuor d ecem annorum extunc proxime s equenti um et plenari e c omplendorum R eddend um inde annu atim nob i s ad [s caccari um] nos trum Ces trie triginta s olidos et vi g inti d enari os d e i ncremento annuatim s olv endos ad fes ta Pas ch e n r u l e t S a c ti Mi ch aeli s Arch ang eli p e eq a es p orci ones . In c u m um h as li teras nos tras fi ri fec imu j us rei tes ti oni t e s p atentes . Tes te me s o a ud Ces tri am dec mo anuarii anno re n r ip p i J g i nos tri p imo.

N O. 8

’ en E z b e h L to C hb V n b 1 6 Que li a t s ease ut ert e a les, 5 9

M I L . I . AUGM ENTAT ON SCE L B OOKS 2 2 8 FOL . S ( I , , 4 )

m ci ati s uod t S al ute . S R EGINA omnib us a d q uos e c . q nos p ro quadam pecuni ae s umma nomi ne ﬁni s ad Recep torem S cac carii nos tri ad us um nos trum p er dilec tum nob i s I 8 0 APPENDIX II

C uth b ertum Ve nab les s ol uta d e av i s amento dilec torum e t fideli um cons ili ari orum nos trorum Willelmi B aron d e B urghl e y Th es aurarii nos tri Angli e e t J oh anni s Fortes c ue militi s C ancellarii et s ub the s aurarii c uri ae S ca ccarii nos tri Tra didimu s c onces s imus e t ad firmam dimi s imus ac p er p res entes Tradimu s conce dimus et ad firmam dimi ttimus prefa to C uth b erto Vena bl es Totum illud H undred um nos trum de Wy reh al l c um s ui s jurib us memb ri s e t p erti nentii s uni v ers i s i n c omita tu nos tro C es tri ae Ac omnes illos c e rtos a nnuales re ddi tus ad dic tum h und red um s olub iles s p ec tantes et p er tinentes ac e ti am omnes et omnimodi c uri as leta s vi s um franciplegii ac p erqui s i ta et p roficua ear undem ac eti am fi nes et a merc i amenta i n c uri a [d e Turno] v i cec omi ti s i n h und redo p re di cto fa cta nec non fel onu m et fugiti v orum felonum s ectam ad c uriam h undredi p redi c ti ac relev i a e s caetas exi tus lez l awd ay es a s s ai am e t as s i s as p ani s vi ni b ere et cerv i s ie waviata b ona e t c atall a fel onum et i n is fugi tiv orum felonum d e s e e t i n ex g e d p os i tor um c ondempnatorum ma e t u tlag ator um extrah ura s th eoloni a c us tu s c ons ue tudi nes deodand a j uri s di c ti ones p rivilegi a p rofic ua c ommodi tate s a dv a ntagia et emol u menta quecunque h undred o p redic to perti nenti a s ive s p ec tantia au t i nfra h und red um p redi ctum ac c identia prov eni enti a renov anti a s ive emerg entia i n tam ampli s modo e t forma pro-ut aliqui s Comes au t a liqui Comi te s i n Ce s tri a i n j ure aut ra ci one h und redi p redicti unquam h ab u i t tenui t v el g av i s us fui t h a b uere tenuere v el ga udere d e b uere a ut d eb uit ac p rout e a omni a et s ingul a p re mi s s a ad manus nos tras dev enere a ut d eveni re deb ueru nt aut d eb ent p arcellam p os s es s i onum O lim C omi ti s C es tri ae i n d ic to Comitatu Excepti s tamen s emp er et nobi s h eredi b us et s ucces s orib us nos tri s omni no res erv ati s omnib us e t omnimodi finib us et a me rc i amenti s et exi ti b us annuatim d e temp ore i n te mp u s p rov eni entib us c res centi b us s ive re nov antib us i n aliqua Curi a s ive aliquib us c urii s nos tris d e R ec ordo (preterquam i n C uri a Hund redi p redi c ti) s ive c oram J us ti ci arii s nos tri s ad as s i s as s ive coram J us tici ari i s nos tri s ad p acem a ut cleri c o merc ati p rov eni entib us cres centib us s ive renov a ntib us a c p ro li b ertate lev acionum c t c ollec cionum i nfra h undred um predi c tum Ha b end um e t Tenend um p redictum H un d re d um a c c e tera omni a et s i ngula p remi s s a s up eri us per p res entes dimi s s a c um eorum jurib us memb ri s l i b ertatib us p riv ilegii s et p erti

I 8 2 APPENDIX II th i ng es of and i n th e H und red of Wi reh all wi th th e righ tes memb ers and appurtenances i n th e C ounty e of Ch es ter p arcell of the anc ient pos s es s ions of th e Earl e of Ch es ter for th e terme of divers yeere s y et end uri ng e to and for th e ou ly e us e and b eh oofe of th e Ki ng e s Maj es tic h And wh erea s th ei re wa s a c ompos ition made th e xxiiijt da y e O f N ovemb er 1 6 24 b y hi s Majes tes Comi s s i oners of th at revenue whi c h h h ad w en h e as r nce of Wa es to a nd w t th e s a de W am e h w P i l , i h i illi Trafford for a leas e of all the th i nge s h e rei nafter g raunted for th e terme of xxxitie yeeres to c omenc e from th e Feas te of S aint Mi ch ael Th arc h ang ell l as t p as te b efore the d ate of th e s aide comp os i tion i n li c ons iderati on Of th e Fi ne of x and of th e y ee rly rente h erei nafter res erved : Whic h l eas e h ath bi ne negl ec ted to b e s ued forth : Now thi s nd enture w tne s s et t at th e s a de S i r o n Wa ter ir am I i h h i J h l , S J es Fullerton and S ir Th omas Trevor b y warrant of h i s Majes tes s ai de 1! c omi s s i on as well for and i n cons id era ti on of th e s aid e s ome of X al ready p a y d e to th e b andes of h i s Majes tes Recei v ours General l of th at revenue whi c h was h i s Highnes wh en h e was Pr i nce for and i n th e name of a fine as for th e eerl rente ere nafter res er ed a , y y h i v , h ve ra nted and to a rme etten And b t e s res ent d o raunte g F I , y h i p es e g and to Farme lett u nto th e s aide William Trafford : All th at H und red of Wi reh all w t th e ri htes mem ers and a urtenances w at s oe er i h g , b pp h v i n the s aid e Countye of C hes ter and all y early rentes c ertai ne to th e s a d e undred a eab le b elon in e or a urte ni n e And alls oe all i H p y g g p p y g , and all manner of C our te eetes v i ewes of ra nc k l ed e and er u s tes l , F p g p q i i and rofittes of th e s ame a nd alls oe all nes and Amerci amentes made p , Fi i n the Turne Courtes of th e S heriffe i n the und red afore s a d e And H i , al s oe s u te at th e undre d C ourte a fores aid e And a ls oe Releifes i H , , es ch eates s s ues l awed a es As s s s e of B reade w ne eere and Al e , i , y , i , i , B , waifes ood es and c h attells of e ons and u t es fe ons of t ems e es , g F l F gi iv , l h lv , and utt i n e ent c ond em ned men and outl awes es tra es To es p xig p , , y , ll , c us tome s deoda nd es ri h tes ur s d ct ons riv iled es rofittes , , g , j i i i , p g , p , c omoditi es ad a nta es and emol umente s w ats oe er to th e H undred , v g h v afores aide b elonginge or apperteyni nge (except and alwaye s re s erv ed out of t s res ent d em s e and ra unte al l nes s s ues a nd amerc i a hi p i g , fi , i , m n l and from t me to t me comi n e e nc reas i n e or e tes , y eer y e y y g , g APPENDI X II 1 8 3 rene wi ng e i n any Co urte or Cour tes of rec ord b es id es i n th e H und red C ourte a fores aid e or b efore the J us ti ces of As s i s s e or b efore th e Ki nges

Ma es tes us t ces of eace or th e C ar e of th M rk li r j J i P , l k e a ett with b e tye for th e leav yi ng e and c oll ec tion of th e s ame wi thin th e H und red afore s a de : To a e and to o de th e s a de undred f i eh all an ll i ) h v h l i H o W r , d a a nd s i ngular oth er th e p remi s s es with th app urtenances (exc ep t b efore exce pted) unto th e s aid e William Tra fford hi s exec utours Admi ni s tratours and As s ignes from th e Feas te of S ai nt Mic h ael Th arc h ang elt i l as t p as te b efore th e d ate h ereof unto th e full e nde and terme of xxv ijt e r f m nce n e uin e e es ro t e e t ns e full e to b e c om leate a nd e nd e d . y , h x g y p Yeldi ng e and p ayi nge and th e s aid e Willi am Tr afford for h i s b ei res exec utours admi ni s tratours and a s s nes d oet co enant and rom s e to , ig h v p i a nd wi th th e s aid S i r J oh n Wal ter S ir J ames Full erton a nd S i r Th oma s Trevor and th ei re As s ignes b y theis e p re s entes to y eelde and pay e therefore y eerely d uri ng e th e s aide terme th e y eerelye rente or s ome of xxxjS v iijd of lawfull mony e of Engl and at twoe us uall Fe as te s or terme s i n th e yeere (th at i s to s ay e) at th e Fea s te s of S aint Mi ch ael Th arch ang ell and Th anunci a ci on of th e bles s ed Vi rgi n Mary e b y even a nd equall p ortions to b e p aide to th e h and es of h i s Majes tes R ecei v or or R ecei v ours of th e p remi s s es for th e tyme b ei nge to hi s Maje s tes us e Provided alwayes th a t i f th e s aide yeerely e rent of xxxjs v iijd or a ny p arte th ereof s h alb e b ehi nde and u npaide a fter any e of th e s aide tie Feas tes wh eri n th e s ame ough t to b e p a y d e b y th e s p ace of xxiij d a es t en t s res nte eas e and raunte to b e o d and of none y h hi p e l g v i , effec t any thi ng e h erei n c onteyned to th e contrarye i n any wi s e not i h s tandi n e And th e s a de W am Trafford for h ims elfe hi s e res w t g . i illi b i , executors admi ni s tratours and as s nes d oet c ov enante and raunte , ig h g to and wi th th e s aid S ir J oh n Walter S ir J ames Fullerton and S i r

m Tr r and th ei re a s s ne r s entes T at h e the Th o as evo ig s b y th es e p e , h a de W am Trafford hi s executours admi ni s tratours a nd a s s nes s i illi , ig , s h all a nd will from tyme to tyme d uri ng e th e s aide terme ﬁnde and p rovid e a s ufﬁ ci ent S teward e s killfull i n th e l awes to keepe th e Courtes t n th e s a d e H und red and s a a e to hi m h i s ees a nd s a wi hi i h ll p y F , h ll b eare and p ay e all ch ardg es and expences wh a ts oever whi c h s h all from ty me to tyme b e neces s ari ly e expend ed a b oute th e keepi ng e of the 1 8 4 APPENDIX I1

s a de Courtes . And l s a nd w erl e a nd v er e eere i a s oe h ll a ill y e ey , e y y d uring e th e s aide terme mak e and d eliver or ca us e to b e made a nd delivered unto th e s aide King es Majes tie or h i s b ei res or to th e comi s s ionours of hi s revenue for th e tyme b ei ng a true and pe r fe c extrac t of all th e Fi nes i s s ues and amerci aments and other c as ual ti es p roﬁtte s a nd c omodity es wh ats oever arys i ng or receaved withi n th e s a ide H und red to th e end h i s High nes i nh eri ta nc e may b e th erb y th e r kno r d And s a n t e or uffer nor cons ent b ette wne and p es erve . h ll o do n s to b e d one any e ac te or d efaul t wh ere by h i s High nes right to any e of h e s a d e c as ua ma e b e n i A nd t i l ti es y a y wa es p rej udice d or imp ared . l as tly e s h all and will enroll thi s leas e or caus e th e s ame to b e i nrolled b efore hi s Majes tes Audi tor of th e p remi s s es withi n S ixe mouth es next a fter th e date h ereof up on p ai ne to forfei te to hi s Maj es tic hi s h ei res and s uc ces s ors C 5 of lawfull mouy e of Englande for defaul te of s uc h enrollment. I n wi tnes s wh ereof to th e one parte of th ei s e p res entes remay ni ng e i n the b ande s of th e s ai d e William Trafford th e s aide S i r J oh n Wal ter S i r J ames Fullerton a nd S i r Th omas Trevor b y war raunte afores aide h ave p utt th ei re h a ndes a nd S eales : And to th e oth er p arte of the s aid e I ndenture remay ni ng e i n th e b andes of th e s aid e S ir J oh n Wal ter S i r J ames Fullerton a nd S i r Th oma s Trevor th e s aid e Willi am Trafford a e u h i s and e and S e a e th e d a r tt n h v p tt h l a y e a nd y eere bove w i e .

S eal ed and d elivered b y the wi thin named S i r JOHN WALTER i n th e p re s ence of i Willi am W c ks tead .

Wm M es . . ill

S eal ed and d elivered b y th e wi thi n named S i r J AM ES FU LLERTON i n th e p res ence of

Guille . Ni c h .

ne . J a . N ato

al d h t am d S ir THO S e e and delivered [b y] t e wi hin n e . TREVOR i n th e pres ence of

arr s . Ed . H i a Wic k ad Willi m s te .

I 8 6 APPENDIX II c um licenc ia levandi et c olligendi eadem i nfra di ctum Hundredum Q ue omni a e t S i ngul a p re mi s s a s upe ri us pe r p res entes dimi s s a s unt Pa rcell a p os s es s i onum olim c omi tis Ces tri e i n d i c to c omi tatu H ab endum Tenend um et Gaudend um H und red um p redic tum ac cetera premi s s a s uperi us p er p res e ntes di mi s s a s eu dimitti menc ionata c um eoru m juri b us memb ri s lib ertatib us e t p ertinenciis uni v e rs i s (excepti s p re excepti s ) p re fato J oh anni C arter [generos o exec utori b us ] et a s s ignati s s uis a fes to Annunci ati oni s b ea te Mari e Vi rgi ni s ultime preteri to us que a d finem termi ni e t p er termi num v iginti et uni us a nnorum extunc p roxime s equenti um e t plenari e c omplendoru m R eddendo i nde annuatim nobi s heredi b us et s ucces s ori b us nos tri s triginta unum s olid os et octo d enari os legalis monete Angli c (p rou t a ntea res pons um fui t) necnon v igi nti s olid os c ons imili s l egali s monete Angli c ultra d e i nc remento per a nnum ad fes ta s ancti Mi ch aeli s Arch ang eli e t Annunc iati oni s b eate Mari e Virgi ni s ad recep tam S caccarii nos tri h eredum et s ucces s orum nos trorum Wes tmonas teri i s eu a d manus v i c ecomi ti s Comitatus Ces tri e p redic te pro temp ore exis tente p er equales porc iones S olv endos d ura nte termi no p redicto Et p redi ctus J oh annes C arter p ro s e h eredib us exe c utori b us e t a s s ig na ti s s u i s c onv eni t et concedit ad et cum nob i s heredi b us et s ucces s orib us nos tris p er p re s entes quod ip s e p redictus J ohannes execu tores et a s s ig nati s ui i nfra S p aci um tri um annorum p roxime s equenti um pos t d atam h a rum li tterarum nos trarum Patenti um e t s i c d ei nceps quolib et s eptimo anno d urante termi no p redic to faci ent s eu fieri c aus ab unt unum p arti c ularem s ched ulam s ive rentale v el parti c ulare omni um reddi tuum et profic uorum p remi s s orum predi ctum conti nens tam nomi na e t l oca h ab itacionum omni um et quarum c unque pers onarum i nh ab itanci um i nfra h undred um predi ctum de quib us predic ti redditus e t certitudi nes c um ceteri s p remi s s is pre dicti s s ive aliqua i nd e parcell a tempore confecc ionis dicti particul aris s c h e d ule S ive rentali s s unt v el eri nt s ol ub ili a e t s ol v end a qu am s eparali um v illarum et h amlettorum d e et p ro quib us predi c ti redditus et c erti tudines e t ceter a p remi s s a et u numquemque dic tarum p ers onarum et i nh ab itanci um ut p rofertur res pective tunc eri nt s ol ub ili a e t eandem p artic ularem s ch edulam s ive rentale pl ane e t d i s ti ncte factam et i n l pe rgameno reda ctam ac manu di c ti J oh annis Carter executorum v e APPENDIX II 1 8 7

as s ig natorum s norum s ig natam e t s u b s cripta m i n offi ci um Cleri co Pip e q uoli b et s ep timo anno ut s upradi citur d urante p redi cto termino d e ‘ li b era b unt i bidem d e Re cord o remans uram quo me li us et ci tius ofii ci arii nos tri h ered um et s ucces s orum nos trorum pos t expi racionem di cti termini eos dem annuales reddi tus e t i ncrementu m redditus et quamlib et i nde p arcellam ad us um nos trum h ere d um et s uc ces s orum nos trorum collig ere et rec ip ere pos s i nt e t v aleant Provi s o s emper quod s i con ti ng eri t predic tum a nnualem redditum triginta uni us s olidorum e t octo d enari orum v el p redi c tum i ncrementum re dditus v igi nti s olidorum a retro fore non s ol utum i n p arte v el i n toto per s p ac i um quad rag i nta di erum p os t aliquod fes tum fes torum p redi ctorum quout prefertur s olvi d e eat Aut s i redi ctus o annes C a rter exec utores v el a s s i nati s ui b , p J h g non i rrotulab unt s eu i rrotulari c au s ab unt h as litteras nos tras Patente s c oram Cleri co Pipe v el d ep utato s uo s uffici ente pro tempore exi s tente i nfra s p aci um s ex mens i um p roxime s equenti um p os t d atam e orund em quod tunc et d ei ncep s h ec pres ens dimi s s i o v el conces s i o nos tra vacua l i r i i n c ontrarium nd on S i t ac pro nullo h ab eatur a iquo n p es ent b us i e n

I n c u us etc . Ob s tante aliquo S tatuto etc . j

S T M . A T F OU H P ON . Y AS H LE .

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m C um nos er Comi ta tus Ces tr i e R E omn u s a d uos e tc . s al ute . . X i b q p

’ ’ ’ D zmzs s zo fa cta li tteras nos tra s P a tentes c onfec tas gere ntes d atam Thome Dad de duod ecimo die Maii a nno Regni nos tri d ec imo q uarto I 8 8 APPENDIX II

H u n r d ed o d e p ro cons iderac ione i n e is dem expres s a Tradideri mu s Wi r eh a l l c u m c onces s erimu s e t a d ﬁrmam di mi s eri mus c uidam J oh anni pertinencii s pro Carter ge neros o totum ill ud H und red um nos trum d e ’ termino trig i nta et Wi reh all [eta a s i n Ca r ter s l ea s e ] Excep to p rout pe r uni us a nnor um a eas d em li tteras nos tra s p ate ntes excep tum exi s ti t

’ f es ta Annuna a Ha be nd um tenend um e t g audend um Hundred um p re ti onis bea te M a ri e di ctum ac c etera p remi s s a p refato J oh anni Carter Vi r i nis 1 6 exec utorib us e i i to An n g 7 9 . t as s g nat s s ui s a fes nu c ia R ed d en d o p er ti onis b eate Marie Virgi ni s tunc ultimo preteri to

‘ a nnum quznqua us que ad ﬁnem te rmi ni et per termi num v igi nti et

' g znta unum s oli uni us annorum extunc p roximo s equenti u m et pl enarie dos et octo de complendorum s ub annuali reddi tu trigi nta uni us s oli

' na rzos d orum octo d enari on i inti s o dos ultro d e . orum necn v g li ncremento rout ra nos tras atentes i p p er eas dem Lite s P , re ac one adi nd e ab ta leni us a a ret uas u dem Li tteras nos tras l i h i , p pp , Q q i Pa tentes a c c etera p remi s s a s uperi us menci onata cum p erti ne nciis 1 ad tota jus s tatum ti tulum i nteres s e et termi num annorum a dh uc v enturorum d e e t i n p remi s s i s predi cti s prerecitata dilectus s ub di tus nos ter R and ulph us Dod armiger per d e bi tam j uri s formam ac s ufﬁ c ientem c onv ei anc i am i n lege modo h ab ens e t gau dens nobi s s urs um reddidi t et res titui t cancell and a ea tameh i ntentione q uod Nos h as Li tteras nos tras P atentes e t ali am d imi s s i onem nos tram d e p remi s s i s

i n f rma s e uenti facere e t concedere di naremur uam uidem o q g , Q q c i i s urs um reddi ti onem acc ep tamus et allocamus per p res entes . S at s igitur q uod Nos tam p ro et i n cons id erac ione s urs um-reddi ti oni s p re d ic te quam e x gratia nos tra s p eci ali c e rta s c i enti a et mero motu nos tri s Ac p ro di v ers i s alii s b oni s c aus i s e t cons id erati oni b us nos ad p res ens mov entib us d e av i s ame nto dilec ti et ﬁdeli s c ons angui nei e t cons ili arii nos tri Arth uri Comiti s Es s ex Ac etiam d il ectorum et ﬁdeli um Lawrenc ii d arm r o ann s Ernle militi s c ons iliarii nos tr a c C ancella i Hy e ige i , J h i i ri e t

s ub th es aura rii Cur e S cac c arii nos tr Ed wardi eer n B arroneti e i i , D i g t S yd nei Godolp hin armige ri Commi s s i onari orum Th esa urari i nos tri Tra didimus c onces s imus et ad ﬁrmam d imis imus a c e r res entes ro , p p p

1 E rror for a c .

1 90 APPENDIX II

NO . 1 2

’ e n A L e to oh S co e 1 0 Qu e nne s ase J n r r, 7 4

W LEA ES PE E R O N S . (PI OFFI C , C , NO

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‘ f acta j ahd a m nos tam p ro et i n c ons i derac i one re ddituum et c onv en S eorer g eneros o ci onum i nferius menci onatorum e t expres s orum ex

’ i n ﬁd ucza p ro p arte d ilec ti s ub di ti nos tri J oh annis S corer generos i J ohanne Glegg exec utorum et as s ig natorum s norum reddendorum et

‘ fi lzo E d wa r d i performandorum q uam p er av i s amentum predilecti et Clegg d e H un perquamfideli s Cons ili arii nos tri S id ne y D omi ni God ol d reda de Wi reha ll p hin s ummi Th es aurarii nos tri Angli e ac dilec ti et ' ' ' cumpertznenti zs zn fidelis Cons iliari i nos tri Henri ci B oy l e armigeri Can comi ta tu predi cto c ell arii et S ub th es aura ri i C uri e S c accarii nos tri Tradi h a bendum a fes ta d imus c onces s imus e t a d firmam dimi s imus a c per

’ ‘ ‘ A n n u n c z a ezoms p res entes p ro nobi s h eredib us e t s ucces s orib us nos tri s b ea te Ma ri e Vi r tra dimus c once dimus e t ad ﬁrmam dimi ttimus p refato

' g ims 1 7 1 0 pro J oh anni S corer (i n fiduc i a p ro J oh anne C legg filio termi no xxv a n Edwardi Glegg generos i exec utori b us e t a s s ig nati s nor um reddendo s ui s ) totum ill ud Hund redum d e Wi reh all [eta a s i n ‘ p er a nnum Lj la s t lea s e] Excep ti s tame n s emper [eta a s bef ore] Q ue p remi s s a s up eri us dimi s s a s ic dimi s s a fue runt Th ome Dod generos o p er litera s p atentes D omi ni h up er Regi s C aroli S ecundi [reci ti ng teem] H ab end um tenend um et g audend um p redictum Hund red um de Wi reh all c um p erti nenti is q uib us cunque ac c etera omni a et S i ngu l a p remi s s a s up eri us di mi s s a s eu dimi tti menci ona ta c um eorum perti nentii s uni v ers i s (excepti s preexcepti s ) p refato J oh anni S corer exec utorib us admi ni s tratorib us et a s s ig nati s s ui s (in fiducia pro di cto J oh anne Glegg fili o Edwardi Glegg executori b us et a s s ig nati s s ui s ) a fes to Annunc i ati oni s b eate Marie Vi rgini s quod erit i n a nno D omi ni mill e s imo s epting entes imo decimo (quo tempore termi nus i n ' dicti s l eteri s [s ze] patenti b us s uperi us recitatus v el menci onatus ex pi raturus e s t) us que ad finem termi ni e t p ro et d urante termino v ig inti et q ui nque a nnorum extunc proxime s equenti um et plenarie c omplendorum APPENDIX II 1 9 1 et finiendorum R eddendo et s o endo nd . lv i e a nnuatim nobi s h eredib us et s ucces s orib us nos tris annualem reddi tum s ive s ummam qui nquaginta et uni us s olidorum et octo denari orum l egal is mone te Ang li e a d receptam S caccarii nos tri h ered um et s ucces s orum nos trorum Wes tmonas terii s eu ad manum recep tori s nos tri premi s s orum p ro tempore exi s tenti s ad fes ta s anc ti Mic h aeli s Arch ang eli et Annunci ationi s b eate Marie Vi rgini s per equales porc iones d urante toto termi no s uperi us conces s o Ac p redic tus J oh annes S corer p ro s e h eredib us exec utorib us admini i na i s s u nit e t c n di t eta s tratorib us et as s g t i s conv e o ce [ a s before] . Q uodque S i aliquo tempore i mp os terum d urante res i duo termini ' adh uc venturi i n dicti s leteri s [s ze] p atentib us domi ni h uper Regi s C aroli s ecundi s up eri us menci onati a ppareb it quod aliqui s ali us v el aliqui alii (preter p refatus J oh annes [s i c] S corer prout e xecu torem ultimi v ol untati s e t tes tamenti Edwardi Glegg s up eri us nomi nati) h a b e v el h ab ent aliquod i us s ive ti tulum ad medi etatem s eu a liam p artem p remi s s orum virtute ali cujus as s ig nacioni s s ub di c ti s li teri s patentib u s s uperi us menci onati s quod tunc pre fatus J oh annes S corer executores admi ni s tratores v el as s ig nati s ui s up er d emand a as s ig nab i t v el a s s ig nab unt tali pers one s ive pers oni s s imilem p artem premi s s orum p ro termino s up eri us per pres entes conces s o tali p ers ona s ive p ers oni s s olv entib us ratam et prop orti onem s uam feodorum et expens arum p er prefatam J oh annem S corer erog atorum et exp enditorum i n ob tencione h arum literaru m nos trarum p atenti um et proporc i onem s uam redditus s uperi us res ervati et performando convenc iones i n ei s d em contentas u us rei e tc Provi s o tameh s emper quod S i contig eri t [eta ] I n c j .

Exami natur p er Antoni um Anders on Cleri c um Pipe dep utatum. — J oh n S corer trans crip tum.

An c a ud [Endors ed] Tes te s ummo Thes aurari o gli p Wes tmonas teri um d uod ec imo d ie Decemb ris anno regni Regi ne Anne

0 . tertio. I 7 4 1 92 APPENDIX II

N o. I 3

’ L e oh n Gle 1 or I I . S to Ge g e eas J g g , 734

PE C E C R OWN LEAS ES NO . (PI OFFI , ,

oun a la ti om tc reet n no C ty P ne TH E Ki ng to all to wh e . G i g . K w y ee

o Ches ter A at w e a s we for a nd in Cons derat on of th e e ar f . th e ll i i y ly demi s e to J ohn rent i n and b y th es e p res ents res erved a nd of th e p ro ’ Gle Es ui re o s o a nd a reements ere n conte ned As a s o b a nd gg q f vi s g h i y , l y the Cus tody of with th e advi ce of our Righ t trus ty and well b eloved the H undred of Councellor S ir R o b e rt Walp ole Knigh t of th e mos t Wi reha ll i n the nobl e ord er of th e G arter firs t Commi s s i oner of our s a id County a nd Treas ur y of Grea t B ri tai n a nd C h ancellor and under of the Courts a nd Trea s urer of our Exch equer a nd of our trus ty and well other perquis i tes b el oved George D odi ngton Es quire S ir George Oxend en there To hold B arone t Willi am Cl a y ton Es qui re and S i r Willi am f rom La dy D ay Yonge Knigh t of th e B ath a nd B aronet C omi s s i oners one thous a nd of our s aid Trea s ury Have D emis ed G ranted and to s even h undred farm l ette n and b y th es e p re s e nts for our S elf our h ei rs a nd thi rty fi vef or a nd s ucce s s ors Do D emi s e Gra nt a nd to farm lett unto tzoenty nine y ea rs J oh n G egg [s i c] Es qu i re Th e farm or C us tody of all a t the y ea rly rent th at our h undr ed of Wi reh all with i ts righ ts memb ers of fifty one s hil a nd app urtenances wh ats oever i n our County Pal ati ne ti ng s a nd eig ht of C hes ter a nd all th os e Certai nties or c ertai n y early

ence rents to th e s a d Hundred or to us i n r t of th e s a d p . i igh i Hund red p ay a bl e b elongi ng or appertey ni ng And al s o all and all manner of C ourts Leet Vi e ws of Frank pl edge togeth er with th e p erqu i s i tes a nd p rofits of th e s ame And al s o a ll fi nes and a merci a ments mad e s ett or impos ed i n th e Courts of S h er iffs Turn and H und red Court wi thi n the s aid Hund red a nd s ui t to th e s ai d Court or Courts And al s o all R eleifs Es ch aeats Law D ay e s Courts As s i s es of B read a nd Wine B eer and Ale Waifes Es tra y s Goods and C h a ttel s of Fe lons a nd Fugi tives Fel ons of th ems elves p ers ons p ut or to b e p ut i n exigent a nd of p ers ons Cond emne d or O utl awed Toll s Cu s toms D eod ands Righ ts J uri s dic tions pri v iledg es profitts Comodi ties Advantages and Emol uments

1 94 APPENDIX II

a nd s ucces s ors th e y early rent or s um of Fifty one s hilli ngs a nd eigh t pe nce of l awfull money of Great B ri tai n a s h ath b een h eretofore re s erved and paid for and out of th e s aid p remi s s es th e s aid rent to b e p ai d at th e R e ceipt of our Exc h equer at We s tmi ns ter or to th e b andes of our Rec eiver of th e s aid p remi s s es for th e time b ei ng at or upon th e Feas ts or Fe as t d ay s of S ai nt Mi c h ael the Arc h angel a nd th e Anunci a tion of th e Bles s ed Virgi n Mar y i n e ver y year b y even a nd equall h alf y early p ortions or p ayments d uri ng th e s aid wh ole term of twenty ni ne y ears i n and b y th es e pres ents g ranted as afores aid th e firs t payment the reof to b egi n a nd b e mad e a t or up on th e s aid Feas t of S a int [Mic h ael] the Arc h angel i n the s aid y ear One thous a nd s even h undred a nd thi rty fiv e And th e s aid J ohn Glegg for hims elf hi s H ei rs Executors Admi ni s trators and As s ignes D oth Covenant p romi s e grant and agree to and wi th u s our h ei rs and s ucces s ors b y th es e p res ents th at h e th e y or s ome or one of th em within th e s pace of th ree years next after th e c ommencement of th e s aid Term h ere by grante d and s o afterward s i n e ver y s eventh y ear d uring th e s aid Wh ole Term s h a ll and will make and d eliver or caus e and proc ure to b e ma de a nd d elivered to our Auditor of th e s aid County Pal atine of Ch es ter or hi s s uffi cient D ep uty for th e time b ei ng a True and p erfect extra ct R entale or p articular of all the R ents a nd profits of th e s aid H undred and premi s s es fai rly i ngros s ed i n Parchment to remai n for our future S ervi ce a nd B e nefit Conteyning a s well th e N ames of all th e s evera l towns vill ages and h amletts of and wi thin th e Lib erty es a nd Fra nchi s es of th e s aid H und red as th e names a nd place s [of] ab od e of all th e s ev erall Tenants I nh a bi tants and pers ons wi thi n th e s ai d H und red b y or from wh om th e s aid rents and p rofits a nd every of th em a re may or S h all b e p aid or S h all or may from time to time s ev erally b ecome d ue or p aya bl e to th e s aid J oh n Glegg h i s e xec utors admini s trators and a s s ignes b y vertue of th es e p res ents or a ny thi ng herei n c onteyned P rovid ed always th at all and ever y a s s igne ment and as s ig nements whic h s h a ll or may at a ny time h ereafter b e made of th es e our Letter s Patent or of the s aid premi s s es h erei n and h ere by granted and D emi s ed S h all b e i nrolled b efore our Audi tor of the s aid C ounty Pal atine of Ch es ter for the time b ei ng within th e S p ace of s ix month s next followi ng after th e D ate of every s uc h as s ignment APPENDIX II 1 95 res pec tively or th erewi s e [s ic] for want or on d efa ult of s uc h I nrollment e very s uch as s ig nement s h all b e void or of no effect Provided al s o th at i f th e s aid yearly R ent or S um of fifty one s hilli ngs and eight pence i n a nd b y thes e p res ents res erved as afores aid or any part thereof s h all h appen to b e i n arrear and unp aid b y and D uring th e S pace of s ixty D ay es next a fter either or any of th e s aid Feas ts or Feas t D ayes at or upon whic h the s ame ough t to b e p aid as afores aid or if th es e our Letters

Patent S h all not b e i nrolled b efore our s aid _ Audi tor of th e County afores aid and a minute or Docquett th ereof entred i n the Offi ce of our S urveyor Generall of our Land Revenue for th e time b ei ng within th e S p ace of s ix month s next ens ui ng th e d ate of th es e p res ents th at th en a nd from th enc eforth i n any s uc h ca s e res pe c tively or on any s uc h D efa ult thi s our pres ent Grant and D emi s e s h all and may b e and b e accounted null void and of no force or effect Any thi ng i n th es e pres ents Contained

I n w tnes s e tc . to th e c ontrary th ereof i n a ny wi s e notwith s tanding. i

R WAL LE . . PO

E D T . G O. DO ING ON

WM . CLAYTON .

m n d b Rob t ard ner De . C er e of th e e . Exa i e y . G p l k Pip

es s e c at Wes tm ns ter the t rd da [Endors ed] Wi tn t . i hi y h of April i n th e V ijt year of th e reig n

h e econd 1 . of Ki ng G eorge t s . 7 34

1 NO . 4

’ r I I to oh n Gle 1 G eo g e . s Lease J g g , 75 9

P E CE ROWN LEASES NO. (PI OFFI , C ,

f reat P a la tine GEORGE th e S econd b y th e Grace of God o G o Ches ter A r ta n rance and re and n efender of th e fa t f . B i i F I l Ki g D i h e t Demis e to j ohn and s o forth To all to wh om th es e our Letters Pat n for and i n Clegg Es qui re of s h all come Greeti ng K now y e th at we I 96 APPENDIX II a ll tha t H undred Cons iderati on of th e Yearly R ent h erein after res erved of Wi reha ll wi th and of th e Covenants Cond i ti ons and Agreements h erein c ontai ned And al s o b y and wi th th e Advi ce of b ers a nd App ur our d early b eloved C ous in and Councellor Th omas tena nces a nd a ll es u e of ewcas t e n t of th mos t no e Holl D k N l , K igh e bl

' ea rl R ents to r of th e arter a nd rs t C m ur y y O rd e G , fi o mi s s ioner of o s a id H undred b e a ur of reat r ta n and Of Tre s y G B i i , our tru s ty and well long i ng a nd other b eloved H enr y Bil s on Legge Es q ui re Ch ancell or and the P remi s es a nd und er Treas urer of our E c e uer R ob ert u ent x h q , N g P er ui s i tes there Es u re W am Ear of B es b orou h and ames q q i , illi l g , J unto apperta i n Grenville Es qui re C ommi s s i one rs of our s a id Treas ur y i ng i n the County H ave D emi s ed Granted and to Farm l etten and b y af or es a i d To th es e p re s ents for ours elf our H eirs a nd S ucces s ors Hold f rom th e Do D emi s e Grant a nd to Farm l et u nto J oh n Glegg F ifth Day of Es quire All th at H undred of Wi reh all [eta a s i n l a s t Apr i l One Thou lea s e] Excep ting neverth el es s a nd alway s res erving s a nd S even H un [a s hef ore] Whic h s a id H undred and Premi s es are dred a nd S ixty Parcel of th e Pos s es s ions Of th e R evenues of ou r Four f or a term Crown of Engl and and were D emi s ed to J oh n Glegg of Twenty five Es quire b y u s b y our Letters P atent [reci ti ng the l a s t Yea rs a t the lea s e] To Have H old a nd enj oy th e s aid H und red and y ea rly R ent of Premi s s es a b ove menti oned with th ei r a nd e very of s ( 1 t e r R ts Mem ers and A urtenances w ats oe er 95 . . h i igh b pp h v (Exce pt a s b e fore Excep ted) to the s aid J oh n Glegg hi s Exec utors Admi ni s trators and As s igns from th e Fifth d ay of Ap ril whi c h will come a nd b e i n th e y ea r of our Lord One Th ous and S eve n h und red a nd S ixty - four (wh en a nd a t whic h Time accordi ng to th e New S tyl e or Meth od of Comp uta ti on of Time now us ed th e a b ove Rec i ted Te rm of Twenty ni ne y ears will end a nd f expi re) for d uri ng a nd untill th e ull end a nd Term of Twenty fiv e Years from th enceforth next ens ui ng and fu lly to b e compleat a nd ended Renderi ng a nd p ayi ng th erefore Yea rly a nd every Year to us our Hei rs a nd S ucces s ors for and out of th e s aid D emi s ed Premi s e s th e Yearly R ent or S um of Fifty one s hilli ngs a nd Eigh t Pence of law ful money of Great B ritai n [eta a s hef ore] And th e s aid J oh n Glegg for

1 98 APPENDIX II wi ll a nd a reement to a s s i n A S S I GN E N T i n cons idera ti on , g g . M o 0s o A w us ua l ov ena nts 1 l the nd re o Wi r ha l . h f . f l H u d f e l etc i t C a nd i ndemni t y ] .

FRAN CES GLEGG . C LE JOHN GG .

S ned s ea ed de ered i n th e res ence of ig , l liv p

Edward Wrench . r S ara h W enc h . I nroll th mb r I 6 ed 9 N ove e 7 8 .

No. 1 6

’

o I I I . s L e e to oh n Gle 1 8 6 Ge rg e as J g g , 7

I PE CE R OWN LEASES No. (P OFFI , C ,

County P a la ti ne GEORGE th e Thi rd b y th e Grace of God of G reat o Ches ter A fender f t fa t f . B ri tain France a nd I rel and Ki ng D e o h e i h Demi s e to j ohn a nd s o forth To all to wh om th es e our Letters Patent Clegg Es qui re of s hall come Greeting Know ye that we for and i n con the H undred of s ideration of th e Yearly R ent hereinafter res erved and I/ Vi rcha ll wi th i ts of th e Covenants Conditi ons and Agreements h erei n ri hts members con a ned a n t th e ad ce of our r t g , t i nd als o b y a d wi h vi igh a nd app urten tr us ty and well b elov ed William Pi tt Fi rs t Commis s i oner a nces i n the s a id of our Treas ury of G reat B ritai n and Ch ancellor and County P a la ti ne U ndertrea s urer of our Exch equer and of our trus ty To hold f or a R e and well b el oved J oh n B uller S eni or J ames Gra h am vers ionary Term Es qui re (commonly called Marqui s of Grah am) Edward of 2 7 y ea rs f rom J ames Eliot and J oh n Aub rey Es qui res Commis s ioners the 5 th day of of our s aid Treas ury H ave D emi s ed Granted and to April 1 7 8 9 At Farm Letten And b y th es e pres ents for O urs elf our the y ea rly rent of H ei rs and S ucces s ors Do D emi s e Grant and to Farm 2 1 1 5 8 d To Lett unto our b e o ed s ub ect o n Gle of es ton in £ , , . l v j J h gg N as s withoutFi ne ou r ount of C es er Es u re All t a t th e und red p . C y h t q i h H of Wi reh all [eta F rom this p oi nt onwa rds thi s Leas e i mu i mu T o d and en o s ta t s ta ndi s the s a me a s the las t. o a e , , ] h v h l j y APPENDIX 11 1 99

the s aid H undred and all and S i ngul ar oth er the premi s es h erei nb efore mentioned to b e h ereb y demi s ed with thei r and every of th eir rights me mbers and app urtenances (except a s h ereinb efore i s mentioned to b e excep ted) unto th e s aid J oh n Glegg hi s Exec utors Adminis trators and As s igns from th e Fifth day of April whic h will b e i n th e year of our Lord O ne Thous and s even h undred and eighty ni ne (at whi c h time th e s aid term of Twenty ﬁv e years i n a nd b y the s aid rec ite d Letters Patent of our s aid late roy al Progeni tor G ra nted of and i n the s ame p remi s es will end and expi re) for and d uri ng and unto th e full End and Term of Twenty s even y e ar s i n revers ion from th enceforth next ens uing and fully

to b e c om et a nd nded Render n and a n t erefore 2 1 I s . 8 d . pl e e i g p yi g h [75 , c a s be or h e s a d o n Gl f r ms e f hi s e rs Exe et . f e ] And t i J h egg o hi l h i c utors and Admi ni s trators d oth c ovenant [eta wi th the s a me cla us es a s e or e I n s ereof We a e c a us d t s e our Le tters to b e b f . ] n Wit es wh h v e h e d t W tnes s our a o e named r t trus t a nd we e o ed ma e p aten . i b v igh y ll b l v C ommi s s ioners of our Treas ur y afores aid at Wes tmi ns ter th e eigh th d ay of April i n th e Twe nty s ixth y ear of our Reign One th ous and s even r ix h und ed and eigh ty s .

W TT . . PI

ED . EL T . J IO .

JOHN AUB RE Y.

No . 1 7

Th e Crown Grant of th e H undred of Wirral to J oh n W m 1 8 20 illia s,

ENROLM ENT B OOKS LAN D R EVE N UE V OL . XV I . FOL . ( , , I I

’ H i s M a es t s Woods F ores ts a nd La nd By the Commi s s i oners of j y ,

Revenues .

TH ES E are to c ertify that i n p urs uance of a Warrant from th e Righ t ’ H onoura ble th e Commi s s ioners of Hi s M aj es ty s Treas ur y of the Uni ted

r and ear n date th e 8 th . da of Ki ngdom of Great B ri tai n and I el , b i g y

e ruar 1 8 20 W am acre s Adams a nd Henr aw ns Es rs . F b y , illi D y D ki q , ’ two of th e Commi s s i oner s of Hi s Maj es ty s Woods Fores ts and Land ’ f of h e n s Mos t E ce ent Ma es t a e Revenue s for a nd on b eh al t Ki g x ll j y, h v APPENDIX II contra cted and ag reed with J oh n Willi ams of Liverpool i n th e County of Lanc as ter Es u re for th e s a e to W ams of ALL t at q i , l th e s aid J oh n illi h th e Hundred of Wi reh all wi th i ts righ ts memb ers and appurtenance s w ats oe er i n th e Count a at ne of a n s h v , y P l i Ch es ter a nd a ll th os e c ert i tie or c erta n ear rents to th e s a d Hund red or to Hi s Ma es t i n r t i y ly i , j y igh of the s a d Hundred e on n or a n ll i , b l gi g ppertai ni ng ; A d al s o a and a ll manner of Courts Le et ews of rank le e to et er w t th e er , Vi F p g , g h i h p qui s i te s a nd p roﬁ ts of th e s ame ; And al s o all ﬁ nes or amerc i aments ’ made s e t or impos ed i n th e C ourts of S h eriff s Turn a nd H und red

Court w t n the s a d Hu nd red and S u t to th e s a d Court or C our ts i hi i , i i , and a s o all re e fs e s c eats law d a s Courts As s z es of read and l li , h , y , , i B

W ne eer a nd Ale Treas ure Tro e Wa fs Wrec s Es tra s ood s i B , v , i , k , y , G a nd C atte s of e ons u t es e ons of t ems e es ers ons ut h l F l , F gi iv , F l h lv , p p or a out to b e ut i n e ent a nd of ers ons c ondemned or out awed b p xig , p l , To s Cus toms eod and s R o a s R ts ur s d ct ons r e e s ll , , D , y l Fi h , igh , J i i i , P ivil g ,

ro ts Commod t e s Ad a nta es a nd Emo uments w ats oe er to th e P ﬁ , i i , v g l h v , s a d H undred e on n or i n a n w s e a erta n n And th e re er on i b l gi g, y i pp i i g v s i and re ers ons rema nd er a nd rema nd ers of all a nd s n u ar th e s a d v i , i i , i g l i rem s es a nd e er art and arc e t ereof a Exc e t n ne ert e es s p i v y p p l h , ( ) p i g v h l a nd a lway s re s ervi ng to Hi s Maj es ty h i s h ei rs a nd S uc ces s ors all Fi nes I s s ues and Amerc i aments yearly and from time to time ari s i ng growi ng or renewi ng i n a ny C ourt or C ourts of Record (oth er th an a nd b es ide the s aid H undred Court) or b efore th e J us tices at th e As s iz e s J us ti ces of th e Peac e or Clerk of th e Marke t or a ny of th em for th e time b e i ng ’ togeth er wi th full a nd free li berty power and auth ori ty b y Hi s Maj es ty s Ofﬁcers or s erv ants of l evyi ng a nd c ollecti ng a ll a nd ever y th e s aid Fines I s s ues and Amerc i aments from time to time withi n th e H undred a fores aid (b) Whi c h s aid H und red and p remi s es are p arts of th e p os s es s i ons and l and revenues of or b elongi ng to th e Crown wi thi n th e s urvey of th Exc u r i n En and a nd were as t d em s ed b Hi s ate e heq e gl , l i y l

b etters atent under th e S ea of th e C ourt Maj es ty Ki ng George I I I . y l p l h h a of A r le at d 1 . to o n G of Exc he quer b e ari ng d e t e 8 t . y p il 7 8 6 J h gg of es ton i n th e Cou nt of C es ter Es u re to o d e ce t as t ere n N y h , q i , h l , x p h i was e ce te d for a t en re ers onar term of twent - s e en ears from x p , h v i y y v y th e th A r 8 a t a ear or annua rent c of Two ound s e e en s . p il I 7 9 y ly l ( ) p l v

2 0 2

money of G reat B rita i n b ei ng the cons iderati on money expres s ed i n e th e a bove wri tten c ertiﬁc at .

Wi tnes s my h a nd For th e o ernor and Com an f h e an of En and G v p y o t B k gl ,

T TR ET . IQU ,

0 . . £2 30. o

ll th e f I ro ed l th . d a o A r 1 8 20 n o y p il . I N D E X

N A M E S A ND P LA C E S

ADAM enr 1 66 e A nes 1 0 , H y, B ll , g , 8 Adams a m D acres 1 enet ohn 1 66 , Willi , 99, B , J , A an D uc es s of 1 n enton R c ard d e 1 6 lb y, h , 9 B , i h , 5 A coc E i a eth 1 6 erc am l l k, l z b , 5 B h , Willi e, 3 1

A e h W am 1 6 ert es T o . l y , illi , 9 B l , h s , 79 Almore R c ard 1 6 B es sb orou h Ear of 1 6 1 , i h , 7 g , l , 9 , 97 And ers on Anton 1 1 es ton u , y, 9 B , H gh , 95 Arrow 8 rd ener , 7 Bi , H y , 79 As hﬁeld ous e 8 2 rk en ead 1 02 10 1 1 2 1 H , Bi h , 97, , 9, , 1 6 , 1 1 8 , Ash e Lord 1 8 1 8 1 1 1 2 6 1 2 1 n l y, , 5 , 7 9, , 7 , 37 Au re o n 1 8 1 B i rhenhea d A dv er ti ser 1 6 n b y, J h , 9 , 99 , 4 r en ead and Ches ter Ra wa 1 1 Bi k h il y, 5 D oc 1 k, 3 7 n AC K ORD 6 n 6 1 6 D e ora B F , 57 , 3 , 5 , 77, 7 b h , 77

- acon V C . 1 8 Edward B , . , 5 , 77

a e M r. us t ce rances B il y, J i , 97 F , 77 am ton 6 r or of 1 1 1 2 n B p , 4 P i , , , 94 ar er o n l e 6 1 6 Ra 6 B k , J h , 5 , 5 lph , 5 arton R c a rd 1 n T oma s B , i h , 37 h , 77 a ir m n am ur f tes S . E . 1 2 r Co t o 8 B , P , 7 Bi i gh , , 5 B aumv ill Ro ert 2 1 6 ac ors e I nn 1 1 , b , 4 , 45, 5 Bl k H , 9 e n ton 6 10 1 1 1 1 a con B bi g ; 93 , 9 , 3 , 3 , 4 Bl , 94 er 8 Bloreh eath 6 2 H igh , 7 , h et er 1 1 1 o d e R ic d . N h , 3 , 4 B l , , 57 am 6 8 1 1 1 2 1 T omas d e n J es , 5 , 66 , 6 , 7 , 7 , 79 h , 47 o n d e n ow and o n 1 0 J h , 45 B l , J h , 7 R c ard 6 1 1 o e enr 1 0 1 1 i h , 5, 7 B yl , H y, 9 , 9 Ro ert d e 0 B res c R o er d e 1 b , 4 y, g , 4 W am 1 6 r d e Trafford 0 1 1 8 1 illi , 7 B i g , 7 , 7 , T 1 2 1 - B eb ynton (s ee B ebington) B roc kl ebank ( . 3 2 rom orou 2 1 1 n ec ett Ca t. 1 2 n 1 n B b gh , , 37 B k , p , 5 , 3 1 1 n e 1 P00 , 3 7 B ll , 54 2 04 INDEX OF NAM ES AND PLACES

B romb ur h am 1 6 see rum Ch es worth M r. 1 1 g , Willi , 9 ( B , , 3 C o mond e e burgh) h l l y, 57 2 1 rom e R o er 1 66 Ch orleton enr d e , 1 6 1 , 1 6 , 7 5 , B , g , , H y , 39 room M a r aret 1 1 76 B , g , 4 R o er d el 2 8 1 6 C urc of o C ros s 1 g , 4 , 4 , 5 h h H ly , 37 am d el 0 1 1 6 C aremont 0 1 2 0 1 Willi , 4 , 4 , 4 l , 9 , 9 , a roome enr d el 1 66 C rk Geo. s eh r . 1 1 8 B , H y , l , , , roun am le 1 6 Cla rke Arc d eacon 6 B , Willi , 4 , h , 9 — ronne T oma s 6 1 66 Clatterb ri d e 1 2 2 1 2 B , h , 5 , g , 3 , 4 rown o n 1 20 C a ton i am 1 2 1 B , J h , l y , W lli , 9 , 95 roxton 6 n 6 1 62 1 6 1 6 C erc R o ert le n B , 9, 4 , 57 , 5 , , 4 , 5 l , b , 45 B rumb ur h u d e 1 6 1 C e Lord 1 n g , H gh , 53 , 5 , 77 liv , , 9 o n 6 2 Cl f enr d el 1 66 J h , y , H y , runs w c R oad 1 1 Co our r nce of 1 20 1 B i k , 4 b g, P i , 9 , ru n enr l e 1 2 8 1 6 1 C o h ull Edmund d e 0 B y , H y , 4 . 4 , 43 , 4 , 4, 77 g , , 4 B r r 1 D 1 d e R o e t 6 1 68 Co er d e S i r . . y , b , 7 , l i g , J , 5 4 B ucklow 6 n 6 n 8 2 1 00 n 1 6 1 , 4 , 7 , , 95, , , o n J h 1 4s B ulk lei h R o ert d e 26 R c ard y g , b , i h , 54 1 8 s 1 6 u er o n s en. T oma B ll , J h , , 9 h , 54, 5

ur e aron 1 8 0 C omm ns D r. 1 B ghl y, B , i , , 45 urton 6 1 n C on eton 1 n B , 4, 37 gl , 3 — W. 1 n us e C r s to er 1 2 8 1 0 1 0 Con rev e W. B h ll , h i p h , 7 , 3 , 4 g , , 3 7 ’ C onna s ua 1 n h Q y, 3 7 C onwa y, 45 CALDAY o n 1 6 C r ife r M att ew l e 6 , J h , 9 o n , h , 5 C a d 1 2 8 1 n 1 ro e R 0. 8 l y. 7 7 , 34 . 37 C k , , 9 und red of 1 1 n r s s T omas 1 26 H , 34, 37 C o , h , C a en urs t 8 8 0 1 6 lton R o ert 1 0 p h , 7 , , 5 C ri s te , b , 7 C a es t orne 2 n p h , 3 C a rnarvon Ca st e l , 39 C a rter 011 11 I 1 8 N N o n 1 2 , 1 1 73 1 747 7 5 ) 73 : 5 D A SO , J h , 7 C a oner o n l e 1 66 n r T oma s 1 h l , J h , D a ye s , h , 7 5 R c a rd le 1 6 D v n ort 2 0 2 n i h , 7 a e p , , 3 C ar otte r nces s 1 20 1 D w ns enr 1 20 1 h l , P i , 9 , a ki , H y, 99, C atterton E en 1 r. 1 h , ll 5 5 D eane, D , 54 Ch auntre ll am , Willi , 57 C es ter 10 6 6 1 1 8 h , , 4 , 5 , 37 5

A ot of 2 1 6 see S t. er ur h D eer n S ir Ed . 1 8 8 1 8 bb , , 4 ( W b g ) i g, , , 9 c a S tle 6 8 6 2 D e amere 1 n 6 , 45 , 4 1 4 1 1 95 l , 9 , 5 a r 1 2 8 D en 2 F i , bigh , 5 , 7 5 ort of 6 D enfrenc lu t 2 P , 45, 4 y , 5

S 2 06 INDEX OF NAM ES AND PLACE

utton W am 8 - 8 8 0 n H , illi , 5 7 G rea s by, d e Lawrenc e 1 8 8 1 8 t. 1 G reat Cros sh all S , 37 Hy , , , 9

M r. ane 1 1 , 79 G reen L , 5 1 een M ar aret, 59 G r , g ames 1 6 1 7 G renvill e , J , 9 , 9

I NDERWI C K M r. 1 r R o ert l e 4 , , 54 G ros v eno , b , 3 I n le ﬁeld 1 0 n S utton g , G uild en , 9 r 2 1 6 8 0 n 1 1 8 by , , 7 , 7 7, , 97 l c . I Gui le, Ni h , 4 re and 6 I l , 44, 45 , 5 f 6 D uke o , 4 s n ton 1 1 1 N 1 n I li g , 4 , 45 H ALTO , 9 I th ell o n a 6 66 68 1 1 1 2 H b S ir Ch arles 7 2 , J h p , 5, , , 7 , 7 , ar ord , , m 6 1 66 1 79 H are Willi a , 5 , , e 1 H argrav , 4 1 66 a er R c ard l e, H rp , i h ACSON R c ard 1 67 H rris E dward 1 8 4 J , i h , a , , nk ns on T oma s 1 66 n 1 J a y , h , H ath erto , 3 v ans one o n 1 6 n 2 Je , J h , 57 , 7 H award e , 5 o n S cot E ar of C es ter 1 1 o n 1 6 J h , l h , H ayne, J h , 5 ones ane 1 0 ll J , J , 5 H az elwa , 53 S ara 10 on o n 1 68 h , 5 H eb s , J h , rd 8 1 01 n 1 0 n H emling fo , 5 , , 3 wa H es ll , 53 KAR SLAKE S ir o n 1 1 , J h , 54 H ill , 53

A ex. 1 2 et Kelly, l , 5 E lizab h , 79 s ee Kn s t 1 1 2 1 1 1 2 Ke s ty ( y y) B ind erton, , 4, 7 K n s e 6 on o n 1 6 i g l y , 5 H ob s , J h , 7 Knowes l e o n d e 1 6 E ott 1 20 y, J h , 7 H od s on, lli , W am 6 2 6 1 0 1 1 Knys ty , illi , , 4, 7 , 7

1 1 6 1 LANCASTER D uc of, 53 , 5 , 57 T oma s 1 6 6 , hy h , 57, enr of 7 R o er 6 1 0 H y , 4 H ol e, g , 4, 7 Land ca n 7 8 79 l es R o er i , , H o , g , 57 1 n Launcel n R o ert 1 3 , 4 me o n d e 1 6 y , b , H ol , J h , 5 am 1 4 n ea d Willi , H olyh , 45 1 1 8 n Lea t er os e , 57 , 5 6 8 1 1 6 1 1 1 2, 1 37 , J p H ooton, 4, 7 , , 7 , 3 h h d s am 8 m d e 1 Le h , 7 , 79 Willia , 4 enr 1 6 a e 2 H y, 7 H op ed l , 5 Lee amond d e 1 68 one R o ert 72 , H , H opkyns , b , 45 ane 1 n ame s 1 n J , 59 H ough to , J , 37 1 6 T oma s d el 4 n, 5 t os e 1 2 h , 5 H oul , J ph , 5 INDEX OF NAMES AND PLACES 2 07

‘ M Mah on am , J es , 1 20 Le ton 1 n 1 6 M eol es enr d el 1 6 2 igh , 37 , 7 , H y , Lichﬁeld s o of 1 o n d el ” , Bi h p , 3 J h , 47 I 53 1 5 5 L s card 8 8 0 1 0 1 20 1 n am d e 72 I i , 7 , , 9, , 3 7 Willi , 45 , 63 L t er and Edmund 6 1 6 M ers e 1 ” 1 1 I 1 i h l , , 3 , 9 y, : 94 7 9 5: 9, 33 1 5 8 enr 1 6 D oc oard 1 H y, 9 k B , 1 9 o n d e n n M Lane 1 1 J h , 45 . 47 . 49, 53 ill , 4 M L er oo 60 2 100 1 8 es Wm . 1 8 iv p l , 45 , , 9 , 97, , 06 , 1 0 , ill , , 4 1 1 M ob b urle h 1 5 , y, P ilip , 68 I 6 1 1 200 R c ard 1 6 5 1 57 1 591 i h , 9 Li v er ool Chroni cle 1 26 1 2 n R o ert 1 6 8 p , , 9 b , Com er 1 ” I 8 ” 1 1 1 M o neux S ir T om , 3 3 1 3 1 47 . 53 , 54 ly , h as , 46 D a i l P os t 1 n M ol nton o n d e y , 3 3 y , J h , 44 M er cu r 8 8 M on s err 1 1 6 y , k F y, Low 1 2 2 M ond ret 1 0 Hill , , t l o n d e 1 6 M ontalt Ro ert d e 1 Ly e , J h , 5 , b , 5 M ore R o ert 6 0 1 6 1 8 , b , , 9, 7 M r t n 2 o e o , 4 , 48 I ELD 2 6 2 n 6 n oo n a mes I 1 8 MACCLES F , , 3 , 4 , I J : 57: 5 , 1 59) I 74

s er eant of 20 M rs . 1 08 1 2 1 2 n 1 1 j y , , , 4, 5 , 43, 44, s en am n 1 0 1 6 — 1 6 M add oc k , B j i , 5 4 5

- M a nwar n C . K. 1 n S amue o a nd 1 06 1 0 108 1 1 i i g, , 37 l H ll , , 7 , 9, T omas d e 1 6 1 2 2— 1 6 as s m 1 h , 54, 5 5 p i , 74 M a a s 20 M ort mer Ro er lp , i , g , 45 ter S Cana 1 8 S i T omas 6 M anc h es hip l , 5 r h , 4 ’ fores t of 6 r im i s H i s tor o Wi rr a l 2 1 0 M ara , , 5 M o t e y f , 9 , 5, M arc E ar of 20 1 n h , l , 45 1 7 5, rt n aron 1 2 2 s ton R c a rd d e 8 M a i , B , M o , i h , 4

n W am 1 66 M u r rof. R ams a n M arty , illi , i , P y, 73 see M a s s M ul enex o n M as cy ( y) , J h , 79 M as s ey (s ee M as s y) A ce 1 Mas sy, li , 7 m d e 1 n n 8 ANTW CH 1 n 6 n 1 6 1 6 H a o , 4 , 45 , 47 . 4 , 53, N I , 3 , 43 , 4 , 4, 9, n 1 2 8 1 Si r Joh n, 1 4 , 4 , 4 , 45 , 4 7 3

T omas 6 2 6 atone a . 1 8 h , , 5 N , J , 4

am 1 a or R . C . 1 7 n Willi , 7 N yl , , 3 m 1 2 1 e s s 8 S ir Willi a , 7 , 7 , 73 N , 7 , 79 1 00 1 0 1 0 1 1 1 M at er M s s N es ton 1 , 64, , 4, 9 , 7 , 3 5 , h , i , 97 , 5 8 1 1 1 0 1 1 1 8 200 ok T oma s 1 6 1 n, 1 , 4 , 5 , 5 , 9 , M ayc , h , 5 3 7 3 reat 8 2 1 0 10 1 n kin W am N es ton ( ) , , 99, 5 , 9, 37 , M ay , illi , 44 G ws one T omas 1 66 I 97 M ayz o , h , ‘ L tt e 1 8 1 7 n l lland M rs . ( i l ) , 4, 7 . 79, 3 M C e , , 97 2 0 8 INDEX OF NAM ES AND PLACES

euton W am d e 1 6 u e S ir o n d e n n N , illi , 3 P ll , J h , 39, 45 , 47 , 49, e wc a s t e D u e of 1 6 N l , k , 9 53, 5 5 ort w c n 6 n 60 1 6 1 Ro e rt de 1 6 1 1 6 2 N h i h , 43 , 4 , , 5 , 73 b , 39, , N otes a nd uer i es 1 1 8 n u ton a m s on of T omas de 1 6 Q , P l , Willi , h , 4 u ent R o ert 1 6 1 N g , b , 9 , 97

RABV , 1 2 7 ’ - D OWD . 1 R a dcot r d e 6 O , J , 33 7 B i g , 4 ‘ ﬁl w 1 0 n R et R anul h 1 6 1 1 1 6 O o , 3 ak , p , , 7 5 , 7 Old eﬁeld R o er 6 1 0 1 1 Rand e E a r of C es ter 1 2 1 , g , 5, 7 , 7 l , l h , , 4 r eans 1 n M es ch i nes E a r of C es ter 1 O l , 9 , l h , 3 O rmes ton am 1 0 Ranford a mes , Willi , 7 , J , 79 rred M a or 1 n o n O , j , 37 J h , 79 er oo 1 n R at one o n 1 6 1 6 8 Ov p l , 3 7 hb , J h , 5 5 , 5 , xe nd en S i r eor e 1 2 R a ens croft enr d e O , G g , 9 v , H y , 54 xton 1 2 2 R a ner os e 1 2 O , y , J p h , 4 R ece er of re c 1 iv W k , 37 R ed ea d D r 6 8 10 1 0 1 1 h , . , 93 , 9 , 9 , 3 , 4, 4 ARR 6 R enton am d e 1 6 P , 5 , Willi , 3 a rtr d e am 2 R id eres la ce 6 P i g , Willi , 4 p , 5 ea coc ohn n 1 00 1 02 1 0 R o s on os e P k, J , 93 , 99, , , 4, bi , J p h , 79 1 0 R oc err 1 n 5 k F y , 93 , 3 7 en ance Lord 1 1 R os s D a d 1 2 6 P z , , 54, 5 5 , vi , P erc enr Ros s end al e 1 1 8 y, H y , 47 , c ton s e C ar es 1 Pi , 9 Rus ll , h l , 54 ed u I nn 2 Pi B ll , 9 a r ames 20 1 Pill , J , tt am 1 8 1 ER BURGH A ot of 1 1 1 2 1 Pi , Willi , 9 , 99 S T. W , bb , , 3 , , oo e 1 n 1 66 P l , 3 7 , oo e fam 6 2 s ee u e wood 6 P l ily, ( P ll ) S a lgh a le , 5

oo e T os . s c ur. 6 lwh all i am 1 68 P l , h , , 5 S a , W lli , 2 6 otts C o. 1 nd ers reenawa 1 P , 9 S au , G y, ou ton 1 8 1 n s ur o n d e 1 6 1 6 P l , 3 , 7 , 37 S ayne b y, J h , 53 , 59, 5 , 7 , uns on o n 1 6 P ra , J h , 7 r nton 8 T oma s d e 1 6 P e , 7 h , 4 r s tlond R c a rd d e 1 2 S c orer a ne 6 P e , i h , 4 , 4 , 43 , 44, , J , 7 1 1 64, 7 7 udd n ton 1 8 6 2 6 1 S ea c om e 2 1 n P i g , 4 , 45, 4 , 5 3 , , 5 . 7 , b , 9 , 3 7 d 1 6 n S ecome T os . e 78 , 1 37 , h , 7 u n 1 S efton E ar of 8 8 8 P gi , 37 , l , , 9 f m s ee oo e S otw c 1 n Pulle a ily ( P l ) h i k , 37 am s d n S rews ur E ar of 1 2 2 J e e, 47 , 5 5 h b y , l ,

2 1 0 INDEX OF NAM ES AND PLACES

Wa as e 6 8 1 n 1 6 am rown S treet 1 8 1 1 1 1 ll y. 5 . 5 7. 7 . 79. 37 . 5 Willi B , 3 , 4 , 5 Wa o e S ir Ro e rt 1 2 1 ams o n 2— 8 1 0 1 1 lp l , b , 9 , 95 Willi , J h , 9 9 , 3 , 3 3 , 34, a ter S ir o n 1 1 8 1 — 1 1 200 20 1 2 02 W l , J h , 7 , 4 74, 99 , , , ” a r urton eter Ro er 8 1 0 W b , P , 95 g , 9 , 3 — Warew k o n d e 71 S amue 2 1 00 102 10 y , J h , 45 l , 9 , 97 , 99, , 4, a rw c S treet 1 1 I 0 1 W i k , 4 7 1 74 er n W son o n 2 W vi , 9 il , J h , 7

- We s t M r. . 1 2 1 1 2 . C 1 R o ert , , Q , 54 b , 3, 5 e s t D er 8 8 nd e 1 1 W by, Wi l H ill , 3 K r 1 73 Wi tla f i by, 37 , 9 es tm ns ter M a r u s of 1 n e eoffre 1 6 1 0 W i , q i , 37 Woll y , G y, 9, 7 t 1 n ood a n 8 Whi by, 3 7 W b k , 7 , 79 W tm r o e n n W. 1 o d e ood oc E . hi , J h , 47 , 54 W c k, , 97 W am 6 2 r t 1 2 2 1 2 illi , Wood S t ee , , 3 Whitoff T oma s 6 1 0 d ward ames 10 , h , 5, 7 Woo , J , 5 Wh it n h am T om as 1 6 n Ed wa rd 1 8 y g , h , 9 Wre ch , , 9 ch M a lb ank 1 S a ra 1 8 Wi , 3 h , 9 Wick s tea d a m 1 8 rex a m 6 , Willi , 4 W h , 5 Wila s ton s ee Wila v es on 6 t l b W. 1 ( ) Wy a oy, , 5 Wilav e s ton 8 1 n 1 wal Ro ert d e 1 66 , , 9, 3 , 5 Wys e, b , W ra am R c a rd 1 2 ilb h , i h , 7 Wil r m n 1 6 b a Wm . d e , , 45 , 5

W . 1 2 W as ton 1 2 YONGE Si r m , 9 ill , 9, 7 . I N D E X O F S U B J E C T S

A E ER OR 6 1 1 2 - C ourt 1 011 FF , , 3 , 7 8 , 8 0 A i s e d e r i s one C ourts or n of 2 s ee und red C u p , 34 , igi , ( H o rt) - Al e ta s ter 1 1 1 1 8 1 0 Count C ourt 1 0 1 1 I 8 1 6 , 7 , , 4 y , 3 , , 3 , 4, 5 , 5 , 7 Amerc e ment 6 1 0 2 1 Acts 1 0 1 0 , 5, , 3 , 3 , 37 , 7 , 7 5 , 3 , 3 A ro ers 2 2 2 6 1 6 1 C rim na ur s d ct on 1 1 1 0 pp v . . 4. 3 7 . 39. 3 . i l j i i i , 4, 5 , 7 , 3 , 9 A rm 6 y. 5 5 . 5 As s e of rea d and al e 1 2 0 iz b , 5 , , 3 , 1 1 8 1 8 0 1 8 2 1 8 1 2 200 D EODAND S 2 n 1 80 1 8 2 1 8 1 2 , , , 5 , 9 , , 3 , 94 , , , 5, 9 , Atta nd er 0 6 1 2 2 00 i , 3 , 9 , 3 Aud tor 2 - 1 8 D nners a t court 1 2 i , 7 3 , 4 i , 5 Au mentat on Court 6 8 D s tr n a s 1 0 1 g i , i i g , fﬁ ce 6 8 D omes da 1 0 1 2 O , y, ,

A L 6 E CC LES AST CS attend anc e of 1 1 B I . 3 4. 3 5 . 3 I I , , a ff 2 6 E c c es a s t ca s u ts 1 1 B ili . 3 . 54. 9 l i i l i , e rrant 6 n E ncroa c ment 1 1 1 1 , 9 h , 5 , 3 , 5 a ron a s er ea nts 2 1 E nro ment of ea s es 2 6 s ee B i l j , l l , 4 , 5 3 , 7 (

‘ ed e I 2 2 6 2 1 6 A . . B ll , 7 41 , 7 a 3 7 3 3 : 37 1 54; 9 pp ) , I I 6 1 c s e E s c eator 2 2 1 i . , q h , , 57 B edel r i s s ues of 1 E s c eats 0 8 1 8 0 1 8 2 1 8 1 2 y , , 3 3 , 7 5 h , 3 , 4 , , , 5 , 9 ,

ren s f 8 6 1 6 1 cl s e . 200 t o , 37 , 3 , 5 , q E s s o nes 6 2 y , , 7 E s tra s 2 1 8 0 1 8 2 1 8 1 2 200 y , 3 , 44, , , 5 , 9 , Ca u t l u i num E trea 6 n p p , 43 s ts , 3 C a ea t 1 6 1 2 Exc e uer C e s ter 2 2 1 v , 4 , 5 h q ( h ) , , 4 C omm s s ons S ec a 0 1 Exec ut on 1 02 i i ( p i l) , 4 , 4 , 45 , 49, i , E re 1 6 8 y , 1 57 1 5 C om ens at on c a ms f r 1 1 - 2 p i , l i o , 3 C om os t ons 0 p i i , 3 C ons erv ators of ea c e AR M NG a ws a s to 2 p , 47 , 53 F I , l , 5 C ontem t of Court 1 1 1 1 2 1 26 1 2 s s tem of 2 2 - 2 6 1 p , , 5 , , 7 y , , 7 5 C oroner 1 6 ees 6 60 2 1 0 1 1 1 , 3 , 57 , 9 F , 3 , , 7 , , 9 ’ C ourt- ous e 1 0 1 2 2 1 2 1 2 e ons ood s 0 6 8 1 2 2 1 2 h , 4, , 4, 5 F l g , 3 , 43 , 5 , 9 , , 3 eet s ee Leet 1 8 0 1 8 2 1 8 1 2 200 s ee Wa i fs l ( ) , , 5 , 9 , ( ) 2 1 2 INDEX OF

e d —a le 2 n Fi l , 7 Filc tale 2 n m t of ur s d ct on 8 1 00 , 7 li i j i i i , 4, 7 , 4, , F i r ma u ni us n ti s n n 1 20 oc , 1 9 1 0 1 , nes 26 0 6 n 6 1 1 1 - 1 1 ori n 2 Fi , 5 , , 3 , 3 3, 3 , 9 , 5 , gi , rOﬁts 6 2 2 6 0 p a 3 1 4) ) , 3 1 7 7 ots a m a nd ets am n Fl j , 93 , 94 ores ore 1 1 1 8 s a e t o 8 1 0 1 1 F h , 9, 5 l . . 9 7 . 57 . 74. ores t c a rter 2 0 n F h , I 99 e res 1 6 s tt n s 6 8 1 0 1 0 1 0 1 1 2 1 1 8 y , i i g , , , , 4, 9 , , , s er ea nts 2 1 j ,

ores ta n 49 s ec mens of c a s es 1 20 F lli g, p i , ra nch s e s ro a 0 1 F i , y l , 3 , 9 , 9 reema n-s er 6 n F ilv , 34, 3 F u l cena le 2 , 7

NGR OSS N G I I , 49

’ HOST M oreton s 1 8 — G , , 4 9 ra nd n ues t 8 UDGER S 1 1 6 n 1 6 1 1 G i q , 5 J , 5 , 4, 5 , 3 , 7, 7 s er eant I 20 2 1 1 ur s d c t on s ee und red Court j , 7 , , , 3 J i i i ( H ) Gwes tw 1 2 ur 6 8 8 6 1 8 . 9 J y . . 4 . 54. 5 . . 7 . 1 1 1 1 8 1 2 s ee ud ers 4, , 7 ( J g ) us t ce s t ne rant J i , i i , 5 7 of eac e 1 2 8 o p . 7 . 7. . 47 . 7 .

H E I R ' AT‘ LAW I 1 6 I 1 1 200 . S3 1 5 1 S7 1 8 2 , 8 5 , 93 , a ff 1 0 H igh b ili , 9 H n — 1 ue a d c ry, 49 5 und red or n a nd m ean n 2 — H , igi i g, 3 — a t e s 1 A AN 72 li bili i , 49 5 L G , 94 offi c ers 2 2 2 1 6 1 La w d a s 1 8 0 1 8 2 1 8 1 2 200 , 4, , 9, y , , , 5 , 9 , m e t n - e ac e 2 8 Lea s es enro ed 1 et s e . i g pl , , ( ll ) , 7 5 q m an e et 6 60 8 8 1 1 0 1 8 0 1 8 2 1 8 ) 47 9 L , 4 , , 7 , , 9, , , 5 , H und red C ourt

a o t on 1 2 - 1 2 L ert es 1 b li i , 9 3 ib i , 45 , 95 , 94 — a us e s 2 2 8 8 6 1 0 1 Lord s of und red s t of 1 6 1 b , 4, 9, 4 9, 9 , H , li , I O d s of und re d 3 Lor hip H , 3 s ts 2 8 10 1 1 1 c o , 7 , 4, , 9 d ec ne 7 2 8 6 1 8 6 li , 4 ”7) : 47 1 1 4a 9 - m i n A. S . t es i , 3 n ne eent c ntu 8 M ANOR - HOUS E 1 2 2 1 2 1 1 1 1 i n i t h e ry, 4 , , 4, 47 , 49, 5 ,

ur s d ct on 1 1 8 2 8 1 1 6 j i i i , 4, 5 , 7 , 3 , , 9 , 5 3 , 5 1 00 1 0 1 1 0 M anors s t of ord s of 1 n , 9 , , li l , 37

2 1 4

ew of fran ed e 2 0 8 8 0 8 1 Vi kpl g , 4, 9, 3 , 7 , , , 1 8 0 1 8 2 1 8 1 2 200 , , 5, 9 ,

8 t ca s e 1 e s e . Will , 3 q A S 0 6 1 6 W I F . 3 . 3 3. 34. 3 . 3 7 . x6 . 1 2. 1 66 . I I 6 1 8 0 1 8 2 1 0 1 1 20 1 7 S. 7 . . . 8 5 . 9 . 9 1 99 . ’ e ons ood s rec 6 n 1 n 1 1 1 2— F l g ) W k , 3 , 9 , 93, , 9, 3 7 ,

THE END

’ r nted b ALLA E H A O 6 CO . P i y B NTYN , NS N Edinburgh 67° London