Historical antiquities, in two books the first treating in general of Great-Brettain and Ireland : the second containing particular remarks concerning Cheshire / faithfully collected out of authentick histories, old deeds, records, and evidences, by Sir Peter Leycester, Baronet ; whereunto is annexed a transcript of Doomsday-book, so far as it concerneth Cheshire, taken out of the original record.

CHAP. V.

Of Hugh the Second, Sirnamed Cyveliok, because he was born in the Commote or Province of Cyveliok, situate in that part of Wales an∣ciently called Powys.

[ 1153]

[illustration] blazon or coat of arms

Azure, six Garbs Or, 3, 2, 1.

I. HUgh the Second, sirnamed Cyveliok, suc∣ceeded his Father Randle the Second in the Earldom of Chester, Anno Dom. 1153.

He performed many valiant Acts, and by his Sword made Purchase of the Land called Bromfield, from the Welsh, his most harmful Neighbors.

Anno 1172. Hugh Earl of Chester, with the King of Scotland, and Robert Earl of Leycester, rebelled against Henry the Second: These took part with the King's Son against the King.

And in Anno 1173. 19 Hen. 2. Hugh Earl of Che∣ster, and Rafe de Filgiers in Normandy, had almost pos∣sessed themselves of all the Province of Little-Britain in France, but were overcome in Battel by Henry the Second; at which time these, with many others of the Nobility of Britain, were forced to retreat to the Castle of Dole: But the Braibants, whereon King Henry relied, besieged them on every side, the 13 of the Calends of September, being Tuesday. The King hereof being certified, came to Dole on the Friday following: So the Earl of Chester, and the rest that were in the Castle, seeing them∣selves unable to defend it, surrendred both themselves and it to the King on the Sunday following, being the 7 of the Calends of September, or the 26 of our August. The Names of such as were taken Prisoners in that Castle, are more at large set down by Hoveden, pag. 535, 536. So was Hugh Earl of Chester taken Prisoner, 1173.

But in Anno 1177. at a Parliament at Northampton, in January, both Robert Earl of Leycester, and Hugh Earl of Chester, were restored to all their Lands by the King. Hove∣den, pag. 560.

II. This Hugh confirmed to the Abbey of St. Werburge in Chester, Granisby in Wir∣rhall, which Richard de Rullos had given thereunto. Teste Matilda Matre meâ, Ricardo de Rullos, & Roberto Fratre suo, Roberto Basset, R. Capellano, & multis aliis. The Original hereof was among the Evidences of that Church at Chester, Anno 1644.

He gave also the Church of Prestbury to the same Abbey, in these words.

HUGO Comes Cestriae, Constabulario, Dapifero, Justiciario, Baronibus, Viceco∣mitibus, Ballivis, & omnibus Hominibus suis, Clericis & Laicis, Francis & An∣glis, tàm presentibus quàm futuris, Salutem. Sciatis, me dedisse cùm Corpore meo Deo & Sanctae Werburgae Ecclesiam de Prestbury cùm omnibus pertinentiis,—&c. Deo teste &

omnibus Sanctis, Joh. Priore de Trentham, Samsone Canonico, Radulfo Barba appellato, R. Clerico de Wicho, Ranulfo de Wicho, Radulfo de Menilwaringe, Radulfo Filio Warini, Gilberto Filio Pincernae, Roberto Fratre ejus, Frombaldo, Bertramo Came∣rario, G. Filio Eliae. Haec Charta facta fuit coràm Comitissa Matilda Matre Comitis, & Bertreia Comitissa Sponsa ejus, & Ranulpho Haerede suo concedente.

Some other Chartes of this Hugh I have met withal, which I have also here transcri∣bed, as followeth.

Charta Hugonis Cyveliok.

HUGO Comes Cestriae, Justiciario, Constabulario, Dapifero, Vice-Comiti,* 2.1 & omnibus Baronibus suis, & omnibus Ministris suis, & omnibus Hominibus suis, Francis & Anglicis, tàm praesentibus quàm futuris, Salutem. Sciatis, me dedisse—in puram & perpetuam Elemosynam pro salute Animae meae, & pro Animâ Patris mei, & pro Ani∣mabus Antecessorum meorum, Abbatiae de Benedicto loco de Stanlaw, & Monachis ibidèm Deo servientibus, quietantiam Theolonei in Villâ meâ Cestriae de omnibus, quae praefati Monachi ibi emerint ad opus suae Dominicae Domus de Stanlaw. Testibus Abbate Cestriae, Johanne Constabulario, Radulfo Filio Warini, Hugone de Dutton, Johanne Burd, Martino Angevin, Adam de Dutton, & multis aliis. Apud Cestriam.

A very fair Seal: The Earl on Horseback.

UNiversis Sanctae Matris Ecclesiae Filiis, Hugo Comes Cestriae Salutem.* 3.1 Sciatis me Concessisse, & hâc praesenti Chartâ meâ Confirmâsse Deo & Abbathiae Sanctae Mariae de Coventrey, & Monachis ibidèm Deo servientibus, pro salute Animae meae, & Patris mei, & Ricardi Fratris mei, cujus Corpus in praedictâ Abbatiâ sepelitur, donationem illam quam Pater meus Ranulfus Comes Cestriae eis fecit, & Chartâ suâ confirmavit, scilicèt Capellam Sancti Michaelis de Coventrey, cùm omnibus pertinentiis suis, quae sita est in Feodo meo; liberè & quietè in perpetuum possidendam, sicut Charta mea eis testatur: & ut concessio rata & firma permaneat, eam praesentis scripti Autoritate & Sigilli mei testimonio confirmavi. Testibus Edmundo Archidiacono Coventriae, Johanne Priore Trentham, Ricardo Avun∣culo meo Filio Comitis Glocestriae, Rogero Malfylaste, &c.

HUGO Comes Cestriae, Constabulario suo, Dapifero, omnibus Baronibus suis, omnibus Hominibus suis, Francis & Anglicis, tam futuris quam praesentibus,* 3.2 Sa∣lutem. Concedo Sanctimonialibus de Bolintona stagnum meum de Dunintona firmum terrae meae, sicut fuit tempore Henrici Regis, in perpetuam Elemosynam pro animâ meâ, & Patris mei, & meorum Antecessorum: Et praecipio omnibus hominibus meis, quòd habeant meam firmam pacem; ità quòd nullus indè praedictis Sanctimonialibus injuriam vel contumeliam faciat. Teste Roberto Dapifero de Monte alto, Filippo de Kima, Simone Filio Osberti, Wil∣lielmo Patric, Radulfo Filio Warneri, Rogero de Maletot, Johanne Priore de Trent∣ham, Orm ejus Canonico, Rogero Monacho de Hambi, Willielmo Clerico Comitis qui Chartam scripsit apud Beltesfort, & multis aliis.

A fair Seal, with the Impression of the Earl on Horseback, written about,—Sigillum Hugonis Comitis Cestriae.

ROBERTO Dei Gratiâ Lincolniensi Episcopo, & Capitulo Sanctae Ecclesiae Lin∣colniae, totique Clero illius Praesulatûs, Hugo Comes Cestriae, Salutem.* 3.3 Nec non & Constabulario, & Dapifero, & Baronibus, & Ministris, & Famulis, & Hominibus suis omnibus, tàm Clericis quàm Laicis, salutem similiter. Vos scire volo, me concessisse & confirmâsse Sanctimonialibus de Grenefelt illam terram, quam Willielmus Filius Otuhe∣ri eis in Elemosynam perpetuam dedit; quam verò Pater meus Comes Ranulphus eis Concessit Cartâ suâ confirmatam: Eaproptèr volo & praecipio, quòd praefatae Sanctimoniales terram illam perennitèr benè & quietè, & liberè habeant & possideant. Testibus Matilda Comitissâ

Matre meâ, Simone Filio Willielmi, Rogero Capellano, Ricardo Capellano, & aliis multis: Apud Beltesford. Valete.

A very fair Seal, with the Impression of the Earl on Horseback; and on the back part of the Seal two lesser Impressions of a Man holding or setting something on a Form or Stool, inscribed about—Contra-Sigillum Co∣mitís Cestriae.

III. The Wife of Hugh Cyveliok.

HE Married Bertred, Daughter of Simon Earl of Evereux in Normandy. Vincent upon Brook, pag. 105.

That her Name was Bertred, and that she survived her Husband, take this Deed to prove it, in the Couchir Book in the Dutchy-office in Grays-Inn, London, Tom. 2. Honor sivè Soca de Bolingbroke, num. 7. pag. 112.

OMnibus hoc scriptum audituris & visuris, Bertreya Comitissa Cestriae, Salutem. Noverit universitas vestra, me Concessisse & hâc meâ praesenti Chartâ confirmâsse Radulfo Carbunel de Haltuna & Haeredibus suis, pro Homugio & Servitio suo, Feodum dimidii Militis quod tenet de me in Haltona* 3.4, pro tribus Solidis annuatìm mihi & Haeredi∣bus meis ad duos terminos reddendis, de illo & de Haeredibus suis, pro omni Servitio & Exa∣ctione; scilicèt ad Nativitatem Sancti Johannis Baptistae decem & octo denarios, & ad Na∣tale decem & octo denarios. In hujus autem rei Testimonium praesenti scripto Sigillum meum apposui. Hiis Testibus, Radulfo Filio Simonis, Simone de Seis, Andrea Filio Williel∣mi, Willielmo de Maletoft, Willielmo de Haghe, Ricardo de Bunington, Ricardo de Harderna, Alano Filio Ramgoti, & aliis.

The Issue of Hugh Cyveliok by Bertred.

* 3.51. RAndle the Third, sirnamed Blundevill: He died without Issue, and his four Sisters shared his Inheritance.

2. Maude, eldest Daughter of Hugh, Married David Earl of Huntingdon, Brother to William King of Scotland; of whom he begot John, sirnamed The Scot, Earl of Che∣ster in his Mother's Right: She had the Earldom of Chester, and the Lands in North-Wales to her share.

3. Mabill, second Daughter of Hugh by Bertred, Married William d' Albiney Earl of Arundel. She had the Manor of Barow, with 500 l. Lands. This was Barow in Ley∣cestershire.

4. Agnes, third Daughter of Earl Hugh by Bertred, Married William Ferrers Earl of Derby. She had the Castle of Chartley* 3.6, and the Lands in that part of Wales anci∣ently called Powys. She confirmed to the Church of St. Mary at Mirival the Manor of Great-Hole, and part of the Wood of Alteker, which William her Husband had before given. One of the Couchir Books in the Dutchy-Office, Tom. 1. fol. 133.

* 3.75. Hawise, fourth Daughter of Earl Hugh by Bertred, Married Robert Quency, Son and Heir of Saher de Quency Earl of Winchester. She had the Earldom of Lincoln, to wit, the Castle and Honour of Bolingbroke, and all the Lands of Earl Randle in Lindsey and Holland in Lincolnshire; for which she gave 50 l. for Relief.

On Hawise was Estated for Joynture, Bukby, Grantesset, Bradeham, and Herdwick, as appears by this Deed in the Couchir Book of the Dutchy-Office. Tom. 2. Honor sivè Soca de Bolingbroke, num. 26. pag. 508.

SAherus de Quency Comes Wintoniae, omnibus Hominibus & Amicis suis, praesentibus & futuris, salutem. Sciatis, me concess••sse & dedisse & praesenti Chartâ meâ confir∣mâsse Roberto de Quency Filio meo & Haeredi ad dandum in liberum Donarium Hawisiae Sorori Comitis Cestriae, Uxori ejusdem Roberti, Bucehebeiam, & Grantesset, & Brade∣ham, & Herdewich, cùm omnibus earundem terrarum pertinentiis, pro centum Libratis terrae: Et si hae praedictae terrae non valeant per Annum centum Libras, Ego in aliis terris meis de propriâ Haereditate meâ in Anglia, ei tantum perficiam, quòd plenariè habeat centum Libratas terrae per visum & considerationem legalium Militum hominum, videlicet, Comitis Cestriae & meorum. Et praetereà Dedi eidem Roberto Feoda duorum Militum, scilicet Feedum Matthei Turpin in Winterslawa in Wilteshire, pro servitio Feodi unius Militis, ad dandum simul cùm terris nominatis praedictae Hawisiae Uxori suae in liberum donarium. Testibus his, Comite Davide, Willielmo Comite de Ferrars, Philippo de Orreby, Ro∣berto de Basingham, Ricardo de Lindeseia, Willielmo de Grumpington, Henrico de Braibroc, Willielmo de Syelford, David Giffard, Willielmo Picot, Hugone & Tho∣ma & Henrico Dispensariis, Waltero de Coventrey, Waltero Daivilla, & multis aliis.

This Hawise had the County of Lincoln* 4.1 given unto her by her Brother Randle, [ 1232] a little before his death, about 16 Hen. 3. 1232. in these words: which Deed is transcri∣bed in one of the Couchir-Books in the Dutchy-Office, Tom. 2. Honor sive Soca de Boling∣broke, pag. 500. num. 11. It is also transcribed by Vincent, in his Corrections upon Brooke, pag. 317. which he affirmeth he took from the Original it self in Cotton's Libra∣ry, thus:—

RANULFUS Comes Cestriae & Lincolniae, omnibus praesentibus & futuris, prae∣sentem Chartam inspecturis vel audituris, Salutem in Domino. Ad universitatis ve∣strae notitiam volo pervenire, me dedisse, concessisse, & hâc praesenti Chartâ meâ confir∣mâsse, Dominae Hawisiae de Quency Sorori meae Charissimae Comitatum Lincolniae, sci∣licet quantum ad me pertinuit, ut indè Comitissa existat. Habendum & tenendum de Domino meo Rege Angliae, & Haeredibus suis, liberè, quietè, plenè, pacificè, & integrè jure Hae∣reditario, cùm omnibus pertinentiis suis, & cùm omnibus libertatibus ad praedictum Comi∣tatum pertinentibus. Et ut praesens scriptum Perpetuitatis robur obtineat, illud Sigilli mei appositione roborare dignum duxi. Hiis Testibus, Venerabilibus Patribus P. Wintoniae, & Alexandro Coventriae & Lichfeldiae Episcopis, R. Marescallo Comite Pembroke, Wil∣lielmo de Ferrars Comite Derbiae, Stephano de Segrave Justiciario Angliae, Simone de Monteforti, Willielmo de Ferrariis, Philippo de Abiniaco, Henrico de Aldith, Wil∣lielmo de Cantilupo, & aliis.

Hawise transfers the Earldom of Lincoln to John Lacy, and the Heirs of his Body which he shall beget on Margaret his Wife, Daughter of the same Hawise. 1 Patent, Anno 17 Hen. 3. memb. 9. num. 35. It is also in the Register of the Dutchy of Lan∣caster. Honor sive Soca de Bolingbroke, pag. 500. num. 10.

HENRICUS Dei Gratiâ Rex Angliae, Dominus Hiberniae, Dux Normanniae & Aquitaniae, Comes Andegaviae, Omnibus ad quos praesentes Literae pervenerint, Salutem. Sciatis, quòd ad Instantiam Hawisiae de Quency dedimus, & concessimus dile∣cto & fideli nostro Johanni de Lacy Constabulario Cestriae, illas viginti Libras, quas Ra∣nulphus quondàm Comes Cestriae & Lincolniae recepit pro tertio Denario Comitatus Lin∣colniae, nomine Comitis Lincolniae; & quas praedictus Comes in vitâ suâ dedit praedictae Hawisiae Sorori suae: Habendas & tenendas, nomine Comitis Lincolniae, de nobis & Haere∣dibus nostris, ipsi Johanni, & Haeredibus suis, qui exibunt de Margareta Uxore suâ, Filiâ praedictae Hawisiae, in perpetuum. Et in hujus rei Testimonium has Literas nostras Paten∣tes ei fieri fecimus. Teste meipso apud Northampton, 23 die Novembris, Anno Regni nostri 17.

IV. The base Issue of Hugh Cyveliok.

PAganus, Dominus de Milton, whom I have seen Witness to a Deed, Subscribed thus,—Filius Bastardus Hugonis Comitis Cestriae.

Roger, Witness to a Deed of his Brother Randles, to the Abbey of St. Werburge, whom I conceive was a Bastard.

Amicia, the Wife of Raufe Manwaring, sometime Judge of Chester; to whom Hugh Cyveliok Earl of Chester, her Father, gave in libero maritagio servitium Willielmi Filii Rogeri: scilicèt servitium trium militum; faciendo sibi servitium duorum militum, as the words of the original Deed do run, now in the possession of Sir Thomas Manwaring of Over Pever, Baronet.

Also another base Daughter, as I conceive, Married one Bacun, and had Issue Richard Bacun, Founder of the Priory of Roucester in Staffordshire, about the Reign of King John, for the safety of his Soul, and the Soul of his Uncle, Randle Earl of Chester. Monasticon, Part 2. pag. 267.

And here I cannot but mislike the boldness and ignorance of that Herald, who gave to Manwaring of Pever the Quartering of the Earl of Chester's Coat of Arms: which Device was never done before the Reign of Queen Elizabeth, in the time of Sir Randle Manwaring, late of Pever, the elder, my Grandfather by the Mother: for if he ought of right to Quarter that Coat, then must he be Descended from a Coheir to the Earl of Chester; but that he was not: for the Coheirs of Earl Hugh, as you see before, were Married to four of the greatest Peers of the Kingdom, the Earl of Huntington, the Earl of Arundel, the Earl of Derby, and the Earl of Winchester's Son and Heir, who lived not to be Earl: Neither was Manwaring then an equal Competitor, to have Married a Co∣heir to the Earl of Chester. And it is plain, ex placitis 18 Hen. 3. Rot. 14. in the Tower of London, where the Coheirs Implead John the Scot, Earl of Chester, for their part, there is no mention of Amice claiming any part, or any from or under her, in the Re∣cord. Besides, all ancient Authors of those Times, as Polychronicon, Matthew Paris, Knighton, Stowe, and others, would not have omitted her among the rest which they have set down, had she been a Coheir; which also she must needs have been, had she been legitimate: for Hugh Cyvelioc never had any other Wife but Bertred, and she sur∣vived him.

And though Amice in the Deed before mentioned is stiled—Filia Hugonis Comitis, without the addition or note of Bastard, it was very usual in those elder Ages so to do. The like we find of Geva, base Daughter of Hugh Lupus, and several others.

V. Concerning this Bertred, the Wife of Hugh Cyveliok, I cannot omit the Falsi∣ties and Absurdities of some Authors, as Powel on the Welsh History, pag. 295. and Ferne in his Lacy's Nobility, pag. 53. both of them calling this Bertred by the Name of Beatrix, and saying she was the Daughter of Richard Lucy, Chief Justice of England; a most gross Falsity. I am very certain that Hugh Cyvelioc's Wife was not Daughter of Lucy, nor ever called Beatrix in any old Deed or Record; though I find by good Au∣thority that there was a Woman called Beatrix Lucy, but never Wife of Earl Hugh.

The Death of Hugh Cyveliok.

[Obiit 1181] THis Hugh Earl of Chester, died at Leeke in Staffordshire, and was buried at Chester, Anno Domini 1181. 27 Hen. 2. Hoveden, pag. 615. with whom Westminster, Polychronicon, and Cambden inter Comites Cestriae, do all agree.

He was Earl of Chester 28 Years, and gave the Church of Bettesford to the Prior and Canons of Trentham after the Death of William Barba, who at the time of this Grant possessed the same; a Copy of which Deed I received from Sir Simon Dewes, Baronet.

Now because I find that some are displeased at my placing of Amice, sometime the Wife of Raufe Manwaring, Iudge of Chester, among the base Issue of Hugh Cyveliok Earl of Chester, and also that I am informed, that three eminent Judges and four He∣ralds are of opinion that she was legitimate, and not a base Daughter of Earl Hugh, it is very necessary that I put down here my Reasons why I have so placed her, protest∣ing withal, that I have not done it out of any prejudicate Opinion or Calumny inten∣ded in the least, but onely for the Truths sake, according to the best of my Judgment, and that after a long and diligent scrutiny made herein: for I must ever acknowledge my self to be Extracted out of the Loyns of this Amice by my own Mother; but you know the old Saying of Aristotle, Amicus Plato, Amicus Socrates, sed magis amica veritas. Neither were Bastards in those elder Ages of such Disrepute as now in our Days: Memini me alicubi legisse (saith Spelman in his Glossary on the word Bastardus) Priscos Septentrionales Populos etiam Spurios admisisse in successionem: And where he farther tells us, That King William the Conqueror began his Letter to Alan Earl of Little Britain, as he did many other more, in these words,—Ego Willielmus cognomento Bastardus: of which Title it seems he was not ashamed, otherwise he would never have used it himself.

And therefore the Question being no more than this, Whether Amice was a base Daughter, or no? I will first answer those Reasons which seem to be the chief ground of those worthy Persons abovesaid, who think Amice was no Bastard, and then in or∣der set down my own Reasons why I conceive her to be a Bastard, submitting my self wholly to the Judgment of all Learned Persons herein.

The Reasons that she was no Bastard.

I. OUr Common Law alloweth not, that any Lands can pass in libero maritagio with a Bastard Daughter, Coke upon Littleton, Fol. 21. b. and therefore Amice ha∣ving Land given with her, in libero maritagio, by the Deed, it must be presumed that she was no Bastard.

Answ. To which I answer, That it is true, the Law is so taken at this day with us, but that the Law was so taken in the elder Ages of Henry the Second, when Hugh Cyve∣liok lived, and upwards, I very much doubt: And if we mark well this Grant, it is the Grant of Earl Hugh to Rafe Manwaring, with Amice his Daughter, in Frank-Marriage of the Service of Gilbert Son of Roger, to wit, the Service of three Knights Fees, by do∣ing the Service of two Knights Fees to the said Earl and his Heirs; which is rather a Release of the Service of one Knights Fee, than the Grant of any Land. But to pass by this.—I say that the Common Law in sundry things is altered at this day from what it was in former Ages long after Henry II. Cook upon Littleton, fol. 34. Sect. 39. Cook, ibid. fol. 3. a. fol. 8. a. at the bottom of the Page, and on the other side (b) at the bottom, fol. 26. b. Sect. 29. and infinite other Particulars may be cited. And that in this Par∣ticular also of Passing Land in libero maritagio with Bastards, the Law seems clearly to be altered herein since the Reign of Henry the Second: for the common Practice I take to be the Common Law, and I shall give you here one Precedent, made about the Reign of King Stephen, (and doubtless many others might be mustered up from those elder Ages, if any curious Person would take pains to search old Deeds and Records) which Deed I received from Sir Simon Dewes, transcribed out of a Manuscript in Arun∣del-House in London, belonging anciently to the Barons of Stafford, wherein the old Charts belonging to the Bassets of Drayton-Basset in Staffordshire were Enrolled about Richard the Second's time. Ibid. fol. 67. a.

Ranulfus Comes Cestriae Willielmo Constabulario, & Roberto Dapifero, & omnibus Baro∣nibus suis, & Hominibus Francis & Anglicis totius Angliae, Salutem. Sciatis me dedisse & concessisse Gevae Ridell Filiae Comitis Hughes, Draitunam cum Pertinentiis in libero Conju∣gio,

Sicuti Comes Hughes et in libero conjugio dedit & concessit: Et teneat bene & in pace, honorifice & libere, ut melius & liberius tenuit tempore Hugonis Comitis, & aliorum meorum Antecessorum, eisdem consuetudinibus & libertatibus. Testibus Gilberto Filio Ricardi, & Adelizâ sorore meâ, & Willielmo Blundo, & Alexandro de Tresgor, & Rogero de Bello Campo, & Willielmo de Sais, & Roberto de Sais, & Ricardo Filio Aluredi, & Hugone Filio Osberti, & Henrico de Chalder: Apud Saintonam.

Wherein Geva is called Daughter of Earl Hugh Lupus, as Amice in that other Deed is termed Daughter of Earl Hugh Cyveliok. Now that Geva was a Bastard, is very plain out of Ordericus, a Man that lived in that very Age: He tells us, lib. 10. pag. 787. speaking of Hugh Lupus his Death—Ricardus pulcherrimus puer quem solùm ex Ermentrude Filia Hugonis de Claro-monte genuit, &c. Richard, a brave Youth, whom onely Hugh Lupus begot on Ermentrude, Daughter of Hugh de Claremonte, &c. Nor can this be restrained to the onely Son, for then it must have been otherwise expressed: And if Hugh Lupus had any other Son or Daughter by Ermentrude, then cannot Ri∣chard be said onely to be begotten on her by Earl Hugh; and so Geva was a Bastard, or else Ordericus lyes. Also the same Author tells us, lib. 4. pag. 522. that Hugh Lupus had also many base Sons and Daughters by several Strumpets, who were almost all swept away by sundry Misfortunes; and very probably, if Hugh Lupus had any more legitimate Children by his Wife besides Earl Richard, either Son or Daughter, Ordericus would have Recorded them as well as he hath put down others in like nature, being indeed his usual method through the whole course of his History: And had Geva been legitimate, then her Issue ought rather to have succeeded into the Earldom of Chester, than Randle de Meschines, after the Death of Richard Earl of Chester, forasmuch as the Sister and her Heirs ought to Inherit before the Aunt and her Heirs: And howbeit many Earldoms have Descended to the Heirs Males, and not to the Heirs general; yet in this Case were no Heirs Male, but two Females, an Aunt legitimate, who had it, and a Sister not legitimate: And shew me a Precedent whereever the Heirs of an Aunt Inherited before the Heirs of a Sister, both legally born, and no Heirs Male left, unless in case of Forfeiture by Treason, or some other great Cause to hinder the same.

Secondly, add to these the words of Glanvill, Chief Justice of England, who lived under Hen. II. in that very Age with Amice, lib. 7. cap. 1. Quilibet liber Homo quandam partem terrae suae cum Filiâ suâ, vel cum aliquâ aliâ quâlibet muliere, dare potest in marita∣gium, sive habuerit haeredem sive non, velit haeres vel non, imo & eo contradicente: And if a Man might give Land then in Free Marriage with any Woman whatsoever, then he might give it to his Bastard; and then the Law is now changed: for now it must be of the Donors Blood; and a Bastard is now said not to be of the Donors Blood quasi nul∣lius filius. And it seems to me, that in those elder Ages Bastards were reputed of the Blood, by the frequent Appellation of them by the Names of Uncle, Brother, Daugh∣ter, Son, and Cosin. Besides, our Laws were then imperfect, dark, and obscure in most things, till Bracton under King Henry the Third compiled the Body of our Laws, and brought them into a Method.

And now I have done concerning this chief Reason, whereupon those worthy Judges grounded their Opinions; and we daily see Opinions of Lawyers follow the putting of the Case, which many times upon mature deliberation, and hearing of the Case well argued; may then be of another Opinion.

Now follow the Arguments of lesser moment, which I perswade my self were no Grounds for the Judges aforesaid.

II The disparity of the Years between Hugh Cyveliok and Bertred his Wife, may suppose he had a former Wife; for Bertred was but 26 Years old at the Death of Earl Hugh 1181, as appears by the Inquisition taken 30 Hen. 2. 1183. after the Death of Hugh Cyveliok, and Hugh was Earl of Chester 28 Years, which was one or two Years before Bertred was horn, besides what Years were run up of his Age before his Father Randle died, which may be

supposed to be a competent term of Years; and then it is probable he had a former Wife, and that he stayed not unmarried so long as till Bertred was fit for Marriage.

Answ. Now let us examine the Matter a little, it will give us some light: Robert Earl of Glocester Married Mabill, Daughter and Heir of Robert Fitz-Haimon, Anno Domini 1110. So Stowe in his Chronicle. See also Seldin's Tit. Hon. pag. 647. By her he had Issue four Sons and two Daughters. Maude the younger Daughter Married Randle de Gernoniis Earl of Chester, Father to Hugh Cyveliok. Vincent upon Brook, pag. 216. Now suppose we Maude to be the fourth Child: probably she was not born till about the Year 1117. or thereabout, and that about the Year 1139. she was Married to Earl Randle, whereby Robert Earl of Glocester strengthned his Party for Maude the Empress. At that time she cannot well be supposed to be above 22 Years old, if she were so much. Now Earl Randle died 1153. So that Hugh Cyveliok could not possibly be above twelve Years old at his Father's Death; he might be much less: but sup∣pose we in a middle way, that he was six Years old at his Father's Death, which is more than can be well affirmed, then could not Earl Hugh be above seven or eight Years older than Bertred his Wife: and what great matter is this? I my self was eight years older than my Wife when I was Married; but it is much more probable that he never had any other Wife, because he had many Bastard Sons and Daughters, whose heat of Youth might by a very timely Marriage have been possibly prevented, or at least asswaged in some measure.

III. Bertred, the Wife of Hugh Cyveliok was a Witness to the Deed in Frank-Mar∣riage with Amice; and Amice had a Daughter called Bertred, after the Name of the Coun∣tess, ergo probably Amice was no Bastard.

Answ. Truly this is of so little weight, that it will need no Answer; for I yet ap∣prehend no Reason in it.

IV. Roger Manwaring, Son of Raufe Manwaring, calls Randle Blundevill Earl of Chester and Lincoln, his Uncle in another Deed; wherefore it is to be supposed that Amice was no Bastard, otherwise Roger durst not have presumed to have called the Earl Uncle.

Answ. Histories, Deeds, and Records, are full of Examples in this nature, where we find Bastards frequently called Cosin, Brother, Uncle, Son, and Daughter: for example, Robert Earl of Glocester, base Son of King Henry the First, is frequently called in Histories, Brother to Maude the Empress. Hoveden, pag. 553. He is also so stiled in a Deed made by Maude Empress her self. Selden's Tit. Hon. pag. 649. called also Cosin to King Stephen. Ordericus, pag. 922. Reginald Earl of Cornwall, another base Son of Henry the First, stiled Avunculus Regis Henrici Secundi by Hoveden, pag. 536. Robert and Ottiwell, two Bastard Sons of Hugh Lupus, frequently called Filii Hugonis Comitis Cestriae; and Ottiwell stiled Frater Ricardi Comitis Cestriae. Ordericus, pag. 602 & 783. & 870. Geva, a base Daughter of Hugh Lupus, stiled in old Deeds Filia Hugonis Comitis; and there also she calls Earl Randle her Cosin. Monasticon, par. 1. pag. 439. Also Richard Bacon, Son of another base Daughter of Hugh Cyveliok, calls Randle Blunde∣vill Earl of Chester his Uncle in another Deed, as Manwaring in like manner here stiles him in this Deed. Monasticon, par. 2. pag. 267. Every Man that is but the least versed in Antiquities, knows these things to be very usual.

The Reasons that Amice was a Bastard.

I. IF Hugh Cyveliok had no other Wife but Bertred, then Amice must certainly be a Bastard; for she was not a Daughter by Bertred, as is granted on all sides.

But Hugh Cyveliok never had any other Wife but Bertred; Ergo Amice was a Ba∣stard.

Now the Minor is to be proved by the Affirmer, Oportet affirmantem probare: for as yet I never saw the least proof thereof, either by Deed, Record, or any ancient Histo∣rian, nor yet any inducement of good Reason to incline my belief of it: And till this be done, it is unreasonable to impose it upon any Man's Belief, by supposing that he had another Wife: for Suppositions are no proof at all. It is not enough to suppose Amice might be by a former Wife, but it must be clearly proved, or strongly inferred from solid Reason, that it is so, and that Hugh had a former Wife.

Neither is it a sufficient Answer hereunto to say, That it is unreasonable to conclude all Children Bastards, whose Mothers cannot be proved; God forbid. But in this Case we find a Wife certainly Recorded, and a Son and four Daughters (who were af∣terwards Coheirs, and carried away all Earl Hugh's Lands) clearly proved by Records and ancient Historians. And also Earl Hugh is certainly known to have had many Bastards, both Sons and Daughters; which gives occasion of strong suspicion, that Amice was a Bastard, she being neither Recorded by any Historian, nor ever had or claimed any Land as a Coheir; and therefore here is a necessity of proving a former Wife, which for my part I believe firmly Earl Hugh never had.

II. Whatsoever is given in Frank-Marriage, is given as a Portion: now the Re∣lease of the Service of one Knights Fee in Frank-Marriage, seems not a competent Portion for a legitimate Daughter of the Earl of Chester, especially for the eldest Daughter: for so she must be, being of the first Venter, which always is more worthy than the second, if she were at all legitimate; and we find the other Daughters Mar∣ried to four of the greatest Earls in England: all which is a strong presumption that Amice was a Bastard, and no legitimate Daughter.

To this it may be answered, That possibly Earl Hugh might give Amice a great Por∣tion in Money, though she had no Lands. And I say possibly too, he might give her no Mo∣ney, or at least nothing considerable; which great Portion in Money, when it shall appear to be true, may take off the strength of this Argument or second Reason, till then it must be very pressing.

III. The ancient Historians of our Nation, as Polychronicon, writ by the Monk of Chester, Henry Knighton, the Monk of Leycester, and others; also Stowe and Cambden have Recorded the lawful Daughters and Coheirs of Earl Hugh, and so the Record of 18 Hen. 3. And had Amice been a legitimate Daughter, it is likely that these Histo∣rians would not all have omitted her; but of her there is Altum silentium among all the Historians and Records which I have yet seen; though indeed I look upon this onely as a probable, not as a sure evincing Argument.

These were the Reasons which inclined my Opinion to place Amice in that Order as I have done: But since there are some Learned Men of another Opinion, I must leave every Person to the dictate of his own Reason.

Notes

• * 2.1

  The Origi∣nal of this was in posses∣sion of Mr. Townsley of Carre in Lan∣cashire, 1657.
• * 3.1

  Ex Libro sig∣nato (L) Pe∣nes Rogerum Dodsworth, Ehoracensem, fol. 24.
• * 3.2

  The Original of this remai∣ned in posses∣sion of Sir Simon Dewes Baronet, 1649. noted. EE. num. 6.
• * 3.3

  Ibidem, EE. num. 4.
• * 3.4

  Halton in Lincolnshire.
• * 3.5

  The Legiti∣mate Chil∣dren of Hugh.
• * 3.6

  Chartley in Staffordshire, with the Ca∣stle and Ma∣nor of West-Derby, and all Earl Randle's Lands between the Rivers of Ribbel and Mersey in Lancashire, Buckbroc in Northamptonshire, and Navenby in Lincoln∣shire, Claus 17 Hen. 3. Memb. 1.
• * 3.7

  Claus. 17 He••. 3. memb. 17. Pipe-Rolls, 17 Hen. 3. Lincolnshire.
• * 4.1

  To wit, all the Lands of Earl Randle in Lincoln∣shire.