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HISTORY

THE COUNTY PALATINE

ant) Bucl)p

LANCASTER.

BY

EDWARD BAINES, ESQ. M.P.

THE BIOGRAPHICAL DEPARTMENT BY W. R. WHATTON, ESQ., F. S. A.

=<

i

VOL. IV.

FISHER, SON. & Co., LONDON, PARIS, AND NEW YORK

MDCCCXXXVI.

670

L1B5

CONTENTS OF VOL. IV.

Wim MtVhy ^mxtin'ii—Contimied.

Huyton Parish ......

Walton-on-the-Hill Parish .....

Liverpool Parish . . . . .

Toxteth Park .......

Sefton Parish ......

Aughton Parish ......

Altcar Parish . . . . .

Ormskirk Parish . . . .

Halsall Parish ......

North Meols Parish ......

Early History of .

Parishes and Townships in Amounderness Hundred

Preston Parish

Kirkham Parish

Lytham Parish

Bispham Parish

Poulton-in-the-Fylde Parish

St. Michael's-le-Wyre Parish

Garstang Parish

Parishes and Townships of Lonsdale North of the Sands

of Lonsdale South

Lancaster Parish .....

Cockerham Parish .....

Heysham Parish .....

Bolton-le-Sands Parish .....

Warton Parish .....

Halton Parish ......

Claughton Parish .....

Melling Parish ......

Tunstall Parish .....

Tatham Parish ......

Whittington Parish and part of Burton in Kendal VOL. IV.

Page 3 39 55 190 200 221 231 235 260 273

286 292 293 376 410 419 427 443 453

474 475 482 552 559 564 570 585 .590 595 608 617 621

Ancient History of Aldingham Parish TJrswick Parish Dalton Parish Pennington Parish Ulverston Parisli Kirkby Ireleth Parish Coulton Parish Hawkshead Parish Cartmell Parish

CONTENTS OF VOL. IV,

626 640 649 656 669 673 690 697 702 715

^ppentiijr<

APPENDIX.

I. Lord Hyde's History of Duchy of Lancaster

IL Perambulatio de Foresta . . .

HL Feoda Mihtu . . " .

IV. Super Captioue Henrici Sexti, nuper Regis . . . . .

V. Connexion of Laci and Lizoures ......

VL List of Sequestered Estates in Lancashire . . . ,

Vn. Catalogue of Roger Dodsworth's Collections relating to Lancashire

VHL Summary of Education Returns . . .

IX. Factories in each Parish in Lancashire .....

X. Electors Registered in Lancashire .......

XL Lancaster Courts ........

XII. Juries ........

Xni. County Lunatic Asylum .......

XIV. Number of Criminals (Parliamentary Return) . . . .

XV. Prison Establishments in Lancashire .....

XVI. Diocese of Manchester .......

XVII. Marriages at the Collegiate Church, Manchester ....

XVIII. Lancashire Baronets created in the 17lh and 18th Centuries

XIX. List of Lancashire Worthies ......

XX. Statement of the Number of Schools and Scholars in the Boroughs of Manchester

and Salford, and of Liverpool ......

XXI. Parliamentary Surveys of Church Lands in 1650, called the Oliverian Survey XXII. Dr. Ducarel's Vicarial Endowments ......

Additions and Corrections General Index .

73

754 756 764 765 766 770 776 777 784 787 ibid. 788 790 794 795 796 797 799

803 804

818

821 843

LIST OF PLATES.

VOL. IV.

Liverpool, from Toxteth Park . To face Title. Knowsley Hall, the seat of the Earl of Derby, p. 1 1 Thomas Stanley, first Earl of Derby . 12 Sir William Stanley, K.G. . . . 19 The Right Hon. E. G. Stanley . . 20 Croxteth Hall, the seat of the Earl of Sefton 28 Plan of Liverpool and its Environs . ,5o

The ancient Wishing Gate, Liverpool . 68 Liverpool, from the Mersey, plate L and l\. 94 Do. Do. plate III. and IV. 142

Town Hall, Liverpool . . .144

Right Hon. William Huskisson . . 147

Blue Coat School, Liverpool . . .172

Interior of Exchange News Room, ditto . 173 The New Custom House, ditto . . 174 Interior of St. John's Market, ditto . 175

Interior of Sefton Church, . . . 205 Lathom House, the seat of Lord Skelmersdale 255

Preston, View of 293

Plan of the Town of Preston in 1715 . 323 N. Grimshaw, Esq. .... .352

H. Fisher, Esq 359

Red Scar, the seat of William Cross, Esq. 372

Cardinal Allen p. 441

The Vale of Lonsdale .... 474 Lancaster, View of ... . 482

Lancaster Castle, Court House, and Churcli 516 Quernmore Park, the seat of C. Gibson, Esq. 547 Dunald Mill Hole .... 568

Berwick Hall			583
Halton Rectory			584
Halton Hall, the seat of R. F. Bradsl	aw,E	sq	587
Hornby Castle . . . .			595
Chapter House, Furness Abbey			627
Furness Abbey			633
Lancaster Sands from Lindell			636
Pile of Fouldrey Castle			666
Coniston Water			701
Windermere Lake			702
Esthwaite Water .			703
Cartmel Church .			715
Newby Bridge			717
Holker Hall ....			733
Bigland Hall			734
Ulverston and Cartmel Sands			736

Bigland, of Bigland Blundell, of Crosby Bootle, of Skelmersdale

, of Kirkland

Clifton, of Clifton

Dalton, of Thurnham

Earls and Dukes of Lancaster

Fleetwood, of Poulton .

Fleming, of Aidingham

Harrington, of Aidingham and Hornby

||(litgtee0.
VOL. IV.
. p. 734	Kings of England	. p. 751
. 218	Langton, of Broughton Tower	409
. 247	Molineux, Earl of Sefton	. 216—217
471	Plumbe-Tempest, of Aughton	. 230
404—405	Preston, of Cockerham .	. 658
543	Stanley, Earls of Derby	10—11
. 751	Torbock, of Torbock	9
. 440	Tunstall, of Thurland Castle	616
648	Wall, of Preston .	. 375
648	Westby, of Mowbreck .	. 452

THE

HISTORY OF LANCASHIRE.

f^u^ton.

F the parish of Huyton, the greatest extent is seven Huyton miles from Torhock on tlie south to Knowsley on

the nortli, and its hreadth is two miles from Roby Extent, on the west to Hazles in Huyton on the east, describing an area of 10,032 statute acres.

The stream, anciently designated the Terbeck, Waters, skirts the southern verge of the parish ; rising near Childwall, and passing by Little Woolton and Torbock, it descends into the Mersey at Hale Bank in Halewood. A branch of the Alt, a small affluent of the Irish sea, flows from the vicinity of Huyton to the north-west by Croxteth Park.

In the reign of EdAvard the Confessor, the parish of Huyton Avas hi the pos- Early pro- session of two thanes, of whom Dot belonged to Hitune and Torboc, and Uctred, the lord of six manors, held Rabil and Chenulueslei, as Roby and KnoAvsley are termed in the Domesday survey.* Tbese townships Avere at the time of the conquest annexed to the barony of Widnes ; and in the reign of Henry III., Robert de Lathum, descended from Robert, the founder of Burscough priory, and son of Henry de Torbock, held under the earl of Lincoln, then baron of Widnes, one knight's fee in KnoAvsley, Hutton, and Thorbocl" The founder of Burscough gave to that house the church of Huton, Avith all its appurtenances, and tlie place of St. Leonard in Knouselegh.J From a passage which Secombe professes to have transcribed from the records of Halton, it appears that Sir Robert de Latham in the reign of Edward II., held of the lord of Widnes, the manors of KnoAVsley, Huyton, Roby, and Torbuck, for one knight's fee, and that they Avere subject to a relief of * See Vol. I. p. 96-7. t Testa de Nevill', fo. 396. t Chartul. de Burscough, fo. 56 a.

A 2

4 ^i^tov^ of ^nmn&l)ive*

Huyton fivc pouncls * Tlic aiicieiit Duchy Feodary records, that Thomas, earl of Lancaster, ""^ ' as baron of Widnes in right of his wife Alicia, daughter of the earl of Lincoln, held Hvton with Roby for five carucates of land, Knowsley for four carucates, and Torbok for three.

Manor." The mauor of Huyton seems to have been leased to several tenants in the

reign of Edward IIL The Lancashire bag of Pedes Finium, in the Chapter House, Westminster, contains a bundle of fines, one of which is dated 2 an. Ducatus, between William de Stoklegh and Avicia his Avife, and John del Dale of Childwalle, chaplain, deforcer of three parts of the manor of Huyton ; another is dated 4 an Ducatus between Henry de Walton, archdeacon of Richemund, and John le Norreys of Speek, deforcer of two parts of the manor; and a third, dated 7 an. Ducatus, between William de Walton, and Avicia de Bretargh and William de Bretargl), deforcers of the manor of Huyton, the fine in the last case being twenty marks of silver. By an instrument of the same kind, in another bundle, Thomas de Lathum paid a fine for the manor of Huyton, in 50 Edward HL, to Robert le Brecow, vicar of the church of Huyton, and Thomas le Ry dings, chaplain, who was vicar of Huyton in 1394. The ancient Duchy Feodary notices that Thomas de Lathum, kniglit, and his tenants held a knight's fee in Knousley, Torbocke, and Hyton, of the duke of Lancaster, which Robert de Lathum formerly held. These manors passed into the family of Stanley, by the marriage of Isabella, daughter and heiress of Sir Thomas Lathom, with Sir John Stanley.

The Har- A branch of the Lathoms held lands in Huyton, which were conveyed by the

ringtons. . ^ , . /• i rr • /• m i tt tt

marriage of a hen'ess to one of the Harrmgton family, and Hamo Haryngton, in 20 Henry VHL, held, it is said, the manor of Huyton ; Percival Harrington in 27 Henry VHI, held Huyton-hey and other property in Huyton, where their descendants were resident in the early part of the last century. A heiress of the Harringtons married into the family of Molineux of New Hall ; and her grandson, Thomas Molineux, Unsworth Seel, of Suffolk, esq., now owns the lordship, which is subject to the court of Knowsley. The ■ The parish church of Huyton, dedicated to St. Michael, is of considerable anti-

quity, having l)cen gi'anted to the priory of Burscough, at the time of its foundation, by the first Robert de Lathom. In the Valor of pope Nicholas it is estimated at £10. The oldest portion of the present structure is supposed to be a relic of the rebuilding in 1647. The church is a handsome castellated fabric of two tier of

church.

O

• House of Stanley, p. 59. This document, which is replete with inaccuracies, seems to be an Inquisition after the death of Sir Thomas Stanley, 9 Henry VI. The very errors of the transcript vouch for its authenticity, so far as Secombe is concerned, for they prove incontestably that he could not have forged it.

windows, with a tower, nave, side aisles, and a cliancel, besides the pews of the earl Hu) ten of Derby, whose family attend religious service here. The body is divided from the 1.1

side aisles by low, strong circular columns Avith fluted mouldings, bearing semicir- cular arches. The chancel is separated from the body by a carved screen of old oak, ornamented by foliage, flowers, arabesque work, and blank shields. The roof, which slopes internally as well as externally, is supported by rude oaken beams with intersecting rafters, terminating in small balls of wood. The east window and several others are adorned with stained glass. The church was repaired in 1663, and the present tower was erected in the last century. The north aisle was raised in 1813, and the south hi 1823, of ashler stone. Over the church door is the memorial — " This cliurch was enlarged 1823, and thus 120 additional sittings were obtained, and tlie whole of that number are free for ever ; the Society for promoting the enlargement and building of churches and chapels having given £100 for that purpose." The arms of the Harringtons ai)pear upon the oaken skreen, and upon a pew, carved in antique letters, is an inscription — " Setyd and Repaired by John Har- ington, Esqvre, 1663 — Fecit Richard Halsall." The last name is probably that of the carpenter employed in the work. A short Latin epitaph commemorates the Rev. Jonathan Fletcher, archdeacon of Sodor and Man, who died 24th March, 1688, aged 73. Upon a brass plate in tlie nave is an inscription to the memory of Mr. William Bell, who was ejected from the vicarage of Huyton in 1662: —

" Here Vnderneath Lyeth the body of that Worthy Divine and Most Famous Preacher of God's Word, Mr. William Bell, M"" of Arts, whose Pithy and Sententious Sermons warmed the Heads of all Good Christians that Heard him, and whose Pious Life and Holy Conversation was a Continual Sermon To Teach Others Imitation. Hee Dyed, or Rather Begun to Live A Life of Glory, upon Monday The 10th Day of March, And was Here solemnly Interred on Wednesday The 12'ii Day of March, Anno Domini 1683, And in the 80"^ year of his Age, Having been Pastor of this Church A Bove 20 years."

There is also a tablet in memory of Mary Robinson, sister of Catherine Leigh, of Roby Hall, who died February 15, 1827.

Since the dissolution of religious houses, the patronage of the church of Huyton, Ad\()\\- originally conferred upon the priory of Burscough, has passed into various hands. Indeed before 1 7 Henry VIL the Asshetons of Croston had a grant from the priory of a chantry in Huyton and the advowson of the church.* In a collection of pleas, without date, in the duchy office, but probably of the reign of Henry VIII. is the case of Thomas Ashton, who brought an action against Thomas Hesketh and others, feoffees in trust, for tortious possession of the chantry and advowson of Huyton * Duchy Records, Vol. III. Inq. n. 93, and 105, Vol. IV, n. 79.

6

?]is!tori) of tmm^im*

Huyton

Parish.

church,* whicli Thomas Ashton held at the time of his death, 21 Henry Vlll.t In 13 James I. the rectory belonged to Thomas Sutton.^ Afterwards, in 21 James I., the advowson was held by sir Richard Molineux,§ and by his descendant Richard, viscount Molineux, in 12 Charles I-H At present the house of Stanley possess the patronage. The annexed list of successive vicars is compiled solely from the epis- copal registers : —

»ionrvo ur HJYTON.

DATE	OF	VICARS.	ON WHOSE PRESEN-	CAUSE OF VACANCY.
INSTITUTION.		TATION.
		James Smithe
Aug. 15,	1558	Edward Lowe .	Philip and Mary . . .	Resignation of Jas. Smithe.
July 1, 29 Eliz.	Roger Devias . .	Queen Elizabeth . . .	Death of last incumbent.
Jan. 2,	1607	Samuel Hankinson	Edw. Torbock, Esq. for this turn, patron
July 13,	1615	Laurence Starkie . John Low	Sir Rich. Molyneux .	Death of Sam. Hankinson.
Sept. 30,	1706	James Low . . .	Duke of Somerset . .	Death of John Low.
May 25,	1708	Thomas Fleetwood	Wm. Farrington, Esq. .	Death of John Low.
Dec. 14,	1737	Edw. Jones . .	Jacob Jones, for that time only,	Death of Thos. Fleetwood.
July 10,	1765	Thomas Mallory . .	Hon. James Stanley, com- monly called Lord Strange	Death of Edw. Jones.
May 26,	1786	John Barnes . .	Earl of Derby . ,	Death of Thos. Mallory.
Sept. 10,	1809	Geoffrey Hornby, 1 11 n	Do.	Death of John Barnes.
Au[j. 12,	1813	jun. Ellis Ashton, pre- sent incumbent	Do.	Resign, of Geoffrey Hornby.

Parish The registers commence in October, 1578, in which year 17 baptisms were

rpR.sters. entered, and in 1579,24. The marriages are not entered till 1587, when there

Avere 9; in 1588, 7. The burials do not commence till 1665, when there were 48,

and in 1666, 37,

Baptisms Marriages . Burials .

1578—1579 16 24

1587—1588

1665—1666

48

37

1831—1832

103 97

22 17

87 5

Popuia- -^ small increase has taken place in the population of the parislj of Huyton

tion. during the present century, as will be seen on reference to the tables. j[

* Duchy Records, Vol. IV. Placit. A. n. 3. N.D. : Ibid. Vol. XXI. n. 2. § Ibid. Vol. XXIV. n. 87.

H See Vol. II. p. 107.

t Ibid. Vol. VI. Inq. n. 8. II Ibid. Vol. XXVII. n. 59.

The Episcopal chapel of Kiiowsley was originally Presbyterian, and afterwards Huyton

• •/•!• Ill l^ai'ish.

Unitarian, but in 1830, on the expn-ation of a lease, it was consecrated as a cliapel

of ease. There are neither Roman Catholic nor Dissenting places of worship hi the ^''apei- parish.

The charities of Huyton, as exhibited by the Parliamentary Commissioners," are charities,

few, and may be summarily stated under the following heads : — xxri!.

218.

School. — A school-room, built by the parishioners, is endowed with £200, for the interest of which the schoolmaster instructs one boy from Huyton, Roby, Tarbeck, and Knowsley, in reading, writing, and arithmetic ......... £10.

Poor Stock. — A table in the church, dated 1710, exhibits five benefactions, amounting in all to £123. Yearly distribution £6. 10s.

Bread Money. — A sum of £160 is in the hands of the trustees of Liverpool Docks. Of this money, £40 is stated to have been a legacy from the family of Case. Annual produce £7. 4s.

Church Land, 16 Edward IV. — Two and a half acres of copyhold land held of the manor of West Derby for the repairs of the church of Huyton, produce in rent . . £16.

Wire-drawing for watch-making is carried on at Huyton by one firm on rather Trade. an extensive scale ; and there is a large brewery in the village. At Torbock there is a colliery, and another has lately been opened in Huyton, which employ three steam-engines, of the aggregate power of eighty horses.

Woolfall, or Wolfall Hall, in Huyton, was for many centuries the residence Hails. of the Wolfalls, whose ancestor, Richard de Wlfal, was on the inquisition for the Gascon scutage in West Derby about 25 Henry HI.* Anne, heiress of Thomas Woolfall, of Woolfall in Huyton, about 1653 married Robert, son of William Harrington, of Huyton ; and from this family the estate passed by marriage to the Molineux, Seels, and Unsworths. In 1817 the property was vested in this lady's youngest sister, Mrs. Unsworth, of Maghull, whose son, Thomas Molineux UnsAvorth Seel, esq., succeeded to it, as well as to Hurst House in Huyton. Mr. Seel, about six years ago, sold Hurst to its present owner and occupant, Charles Robert Sherburne, esq. ; and Woolfall was lately purcliased by the earl of Der])y. Red Hazles, or Hazles, nearly opposite Hurst House, was tlie property of the Ogles of Whiston, from whom it was transferred by marriage, prior to 1675, to the Cases, who held it until Henry Case, esq. sold it to Joseph Birch, esq. co. Wilts, who was afterwards created a baronet. He died in 1834, and was succeeded by his only son, sir Thomas Birch, bart.

The parish of Huyton comprises the townships of Huyton, Roby, and Torbock, and the chapelry of Knowsley, the extra-parochial division of Croxteth Park being generally included in the chapelry of West Dei'by and parish of Walton-oii-the-Hill.

* Testa de Nevill'.

8 i^ieitoii) of aamns;l)iie»

Huyton ToRROCK, Avitli HiTUNE, belonged to Dot at the time of the Domesday Survey,

''''^'''^''" and before tlie rei«'n of Richard I. had given name to the ancestor of the Lathoras Torbock. and the Torbocks. Heiny de Torbock, lord of Torbock, Roby, Huyton, Knowsley, and other manors, had two sons, of whom the elder, Robert, was sometimes distin- guished by tlie Norman patronymic Fitz-Henry, which the English rendered Harrison, and sometimes was denominated, from his principal residence, de Lathom, while Richard, the other son, inheriting Torbock, designated himself from that estate. The circumstance of tw^o sons taking different names has been already noticed, as a common occurrence in this county. Richard of Tarbock, brother of Robert Fitz-Henry, according to the only authenticated pedigree of this family extant,*

liad Richard, whose son Henry married Ellen, daughter of . This, then, is the

Henry Torbec to Avhom was granted, in 41 Henry HI., a charter for free warren in Torbec, Dalton, Tliurton, Whithull, and Brudeheved, and for a market and fair in the manor of Turboc.t In 3 Edward HI., William de Esteheved was confined in the prison of Lancaster for the death of Henry, son of Elias le Ken, of Torbok, but under what circumstances the record does not state. J Richard, the son of

Henry Torbec, married Maw^d, daughter of of Haydock, and had Henry, whose

grandson Henry was father of two knights, sir Richard and sir Henry Tarbock. The former married Jane, daughter to Ratcliffe, according to Barritt, and had issue. To tliis branch of the family belongs dame Cecill of Torboke, lady of Torboke in the reigns of Henry VI. and Edward IV. Her will has been preserved, and is a singular composition. §

♦Visit, by Flower, 1567. f Rot.Chart.41 Hen.IIl.n.2. I Inq. ad Quod Damnum, 3 Ed. III. n. 26.

§ In dei noTe Amen. ?"■ March A" Dni 1466. J Dame Cecill of Torboke Lady of Torboke In gud mynd makys my testam' in this mannj that followys. In the fyrst begynynge I bequeathe my sawle to all myhty gode and to our Lady saynt Mar j and to all the halovvs of heven and my body to be byryet i Hyton kyrke by my husband. And I will that my corpersaund be gyffyn as custum and vsage ys to the kyrke. Alsoe I vvjil that there be spendyt about my body at my Derege and the day buryinge 7 mjkes. Alsoe I will that a preist be hyret to synge at the foresd kyrke of Hyton for my Husband and me and for all those that we have had any gude of vnderfayt. And I will that the aforesd prest haue to his gawde 6 mjkes for on yere. Alsoe I bequethe to the sd chirch of Hyton 13' 4''. Alsoe to the Chirch of Farneworth 13' 4<i alsoe to the Chirch of Chid wall 3' 4'', alsoe to the Chirch of Hale xiij'' 4''. alsoe to the Chirch of Gerston 3' 4''. Alsoe I will that the blacke Frerys of Weryngton haue 3' 4''. alsoe I will that the Frerys of Knaresbrough haue 3' 4*^. Alsoe I will that the blake frerys of Chester haue vj' viij''. Alsoe the grey frerys of Chester to haue 6' 8^. Alsoe the white frerys 3' 4''. Alsoe I will that the Rode of Chester haue ofFret to hym the rynge that is on my Fyng^ Alsoe 1 will that my sister Kateryn haue a gold ryng or els my sadyll. Alsoe I will that my sonne Richard liaue my Hallynge boke and Chales and such thyngs as belonge to a prest to synge with and all the breuj vessell that belongen to me also the Englysche boke of HermetHanpole. Alsoe I will that my sonne Thomas of Torboke haue 13' 4'' to buy him a horse. Alsoe I will that

THE

HISTORY OF LANCASHIRE.

Cftap* I.

Contests between Charles I. and his parliament. — Lancashire members. — Lords lieutenant. — Prepa- rations for civil war in Lancashire. — Petitions of the knights, 'squires, and freeholders of the county to the king. — Breaking out of the civil wars in Lancashire. — County meeting. — Summons of lord Strange to Manchester. — Musters made by his lordship in Lancashire. — Letters of the king and queen relating to the state of Lancashire, with autographs. — Impeachment of lord Strange. — Meeting of loyalists at Preston. — Blowing up of Hoghton Tower. — Campaign of 1643. — Act of sequestration. — Summons of the duke of Newcastle to Manchester. — Answer. — Military operations in Lonsdale hundred. — Assembly of divines. — Campaign of 1644. — Siege of Lathom House — Of Bolton — Of Liverpool. — Deplorable condition of the people of Lancashire. — Seal and patro- nage of the duchy. — Military possession of the county by the parliamentary forces. — Catalogue of the lords, knights, and gentlemen of Lancashire, who compounded for their estates in 1646. — Classical presbyteries of Lancashire. — Petition of 12,500 inhabitants. — County levies. — Campaign of 1648. — Battle of Preston. — Official despatches relating to the demolition of Clithero castle. — Execution of king Charles L — Campaign of 1651. — Battle of Wigan Lane. — Fatal consequences of the battle of Worcester. — The earl of Derby made prisoner. — Tried and executed. — Duchy and county palatine courts. — Summons of Oliver Cromwell of a Lancashire member — (Autograph.) — Sir George Booth's failure to raise the royal standard. — General Monk's success. — Restoration of Charles II.

N the accession of Charles I. in 1625, the ill effects,

arising from the neglect of that clear understanding

which ought to have taken place between his predecessor inauspici

and the people of England, on the change of the Tudor ing oFthe

for the Stuart dynasty, soon became manifest. The charies i

evils of this great political blunder were exhibited in

the arbitrary levy of ship-money, without the authority ship-

money.

of parliament; in the revival of the forest laws, the cause of so many prosecutions, and of so much con- tention in ancient times in Lancasliire, and by the mistaken policy of the new king in ratifying and enforcing the obnoxious book of sports, which served, both here and in several other counties of the kingdom, as a touchstone to distinguish, and as an apple of discord to divide, the liigh-church party and the Puritans. To sustain these extraordinary proceedings, and to put down all

A 2

CHAP. I.

4

€f)t i^isftori) of tf)t

CHAP. I.

Conflict- ing views of parties.

1C40.

The lonj

parlia-

iiient.

opposition, the council table and the star-chamber* enlarged their jurisdiction to a vast extent,! " holding (as Thucydides said to the Athenians) for honourable that wliich pleased, and for just that which profited." The king, and the ardent friends of prerogative, wished to govern the country without a parliament, so deep was their disgust at the resistance made to the king's demands for grants from the people; and the supporters of the privileges of pai'liament resolutely determined to uphold these bulwarks of the national liberties, and persevered in doing so till the sword was drawn, and they came to govern without a king. Charles, having exhausted every expedient to raise money by liis own authority, was obliged, after an intermission of eleven years, to issue his writs, calling together a parliament, wliich assembled, according to summons, on the 13th of April, 1640. Instead of proceeding to grant supplies, the parliament, which was composed principally of country gentlemen, made it their first business to demand a redress of grievances, and nothing but a speedy dissolution of the parliament, after it had existed for three weeks, prevented them from stopping that part of the public supplies wliich arose out of ship-money .;|; Tlie king and his ministers struggled on for six months longer without parliamentary aid; but on the 3d of November, fresh writs having been issued in the mean time, the long parliament was convened, and their first business was to renew the cry of giievance and the demand for redress. This assembly, so memorable in English history, consisted of five hundred members, and the following is a list of the county and borough members for Lancashire: —

Lancashire. — Ralph Ashton, esq. and Roger Kirby, esq.

Lancaster. — John Hanison, knt. and Thomas Fanshaw, esq.

• A riot, not very dissimilar to that which occurred in 1589, took place at the manor house of Lea, in the parish of Preston, in 1633, for which the offenders were prosecuted in the court of star- chamber, where sir Richard Hoghton was fined £100, and other two of the rioters £50 each, t Clarendon's Hist, of the Rebellion, book i.

X The first writ for levying ship-money was issued by Charles I. in 1636, and the quotas required to be contributed by the several places, afford some standard whereby to estimate the wealth and importance of those counties, cities, and towns, nearly two centuries ago. The contribution of Lancashire was one ship of 400 tons, 160 men .... £1000 in money

Borough of Preston . . £40 Borough of Wigan . . £50

of Lancaster . £30 ofClithero . . £7 10.

— of Liverpool . £25 of Newton . . £7 10.

Yorkshire contributed two ships, 600 tons £12,000. . . Leeds £200.

Hull £140., . Bristol one ship, 100 tons, 40 men £1000.

And London contributed seven ships, 4000 tons, 1560 men, and six months' pay. This impost, with some modifications, continued for three successive years, and the arrears due from Lancashire, at the end of that period, were £172. 10s.

In this year a levy of troops was made upon ten of the counties in the north and centre of England, amounting to 19,483 foot and 1233 horse, to which Lancashire was required to contribute 420 foot and 50 dragoons, and Yorkshire 6720 foot and 60 horse.

County palatine of Sanragter* 5

Preston. — Richard Slmttleworth, esq. and Tliomas Standisb, esq. chap.

Newton. — William Asliurst, esq. and Roger Palmer, knt. "

Wigan. — Orlando Bridgman, esq. and Alexander Rigby, esq.

Clithero. — Ralph Ashton, esq. and Richard Slmttleworth, gent.

Liverpool. — John Moore, esq. and Richard Wyn, knt. and hart.

One of the first acts of the house of commons was to determine " whether the Com- plaints of king should be permitted to govern the people of England by his sole will and pleasure s"ev-

... ances.

as an absolute monarch, and without the assistance of parliament, as he had lately done, or whether he should be compelled to admit the two houses of parliament to a participation in the legislative authority with bun, according to the constitution of England, ever since the first institution of the house of commons, in the reign of Henry III."* Tlie decision of the house, it was not difficult to anticipate. It declared that the two bouses of parliament formed an integral part of the government of the kingdom, and that to attempt to govern without them was an arbitrary and unconstitutional exercise of the royal authority. This resolution was speedily fol- lowed by others, wherein it was declared, " That the archbisiiops of Canterbury and York, the presidents of the convocations, and the rest of the bishops and clergy, in assuming to themselves, under the king's authority, to make constitutions, canons, and articles, without the common consent of parliament, as they had recently done in the synods begun at London and York, had acted in a manner inconsistent with the king's prerogative, and with the fundamental laws and liberties of the realm."

In the same spii'it, an act was passed, wherein it was declared, that the court of star- star-chamber was an arbitrary and tyrannical tribunal, unknoAvn to the ancient laws abolished. of the country, and in violation of the provisions of the gi'eat charter, and that it should be finally and for ever abolished from and after the 1st of August, 1641. By 1041. the same act it was declared, that the jurisdiction used and exercised in the star- luthe

(.luCnv

chamber of the duchy of Lancaster, held before the chancellor and council of that court. court, should also be abolished on the 1st of August.f The abolition of the court of star-chamber was followed by an act, in wliicb the county of Lancaster was almost equally interested ; this was the act defining the limits of the forests in England, and thereby terminating the exactions so long existing of the justice in Eyre. In tliis way, the tyi'annical operation of the forest laws in tliis county was brought to an end, and the people were no longer subjected to have their estates, and even their houses, invaded by that odious jurisdiction.

Tlie complaint of grievances was not confined to the house of commons, but niegai extended also to the constituent body; and the knights, squires, merchants, gentle- en«inti.e men, and freeholders of this county presented a petition to parliament, rejiresenting men[i"ers • See chap. viii. p. 289—293. f Rot. Pari. 16 Charles I. p. 2. nu. 6. men^'"*"

6 €f)t I?i£fti3rp of tfte

CHAP, tliat a gross breach of privilege had taken place at the election of knights of the shire ^ for the county of Lancaster, unparalleled at any election in the kingdom.* The petitioners also complained, as they had done twelve montlis before, of other grievances, and prayed that such persons as were found to have been instrumental in bringing on arbitrary and insolent government might make reparation to theu* country, and from henceforth be excluded from the exercise of that authority -t This petition was entrusted to a delegation of gentlemen from the county of Lancaster, who were, contrary to the usage of the present time, admitted to the house to present it, and informed by the speaker that the house found tliis document to contain many weighty considerations, Avith great expressions of care and affection to the commonwealth, and that the contents should be taken into serious consideration.;}: Rigorous Among the numerous petitions of grievances presented to this parliament, was

nient. that of the Rev. Henry Burton, wliich represented that the petitioner had been pro- secuted in the court of star-chamber, for having preached two sermons in his own parish church of St. Matthew, Friday-street, London, on the 5th of November, 1 636, entitled, " God and the King," and published them, along with an apology, which publication being pronounced seditious, he was censured by the court in a fine of £5000, deprived of liis ecclesiastical benefice, degraded from his ministerial function and degree in the university, and ordered to be set on the pillory, where both his ears were cut off; he was further sentenced to perpetual close imprisonment in Lan- caster castle, debarred intercourse with his wife, denied the use of pen, ink, and paper, and finally transported by the high sheriff of Lancaster's order to the castle of Guernsey, where he remained a close prisoner for three years, and was in custody at the time when this petition was sent to the house of commons.

• In allusion to an illegal interference in the return of members, by lord Strange — " Lancashire's Valley of Achor," p. 2.

t Treatise in the King's Collection in the British Museum, inscribed, " Gift of George III." This collection contains, among other treasures, all the books and pamphlets from the beginning of the year 1640 to the coronation of Charles II. 1661, and nearly one hundred manuscripts never yet in print, the whole com.prising 30,000 books and tracts uniformly bound, consisting of 20,000 volumes; the catalogue of which is contained in twelve small folio volumes, each treatise being dated according to the day of its publication. This accumulation of tracts was formed with great pains and at much expense, and so privately as to escape the most diligent search of the Protector, who anxiously wished to obtain them. To prevent discovery, they were sent into Surrey and Essex, and finally lodged with Dr. Barlow, the library keeper at Oxford, to whom the collectors confided them. On his suggestion they were removed to the king's library, as their most fit depository, and presented finally by the royal munificence to the British Museum.

t Journals of the House of Commons, March 12, 1641.

Counti? palatine oi ilaiuastnv 7

The parliament had aheady assumed the prerogative of nominating both the chap. loi'ds-lieutenant and the deputy-Ueutenants of the counties ; and hence we find, that "

in the same year that the Lancashire petition was received, lord Strange was nomi- Nomina-

. tion of

nated by that authority lord-lieutenant of the county palatine of Chester, and lord lords-iieu- Wharton lord-lieutenant of the county palatine of Lancaster ; and the names of sir sumed by George Booth, Mr. John Moore, sir Thomas Stanley, Mr. Alexander Rigby, of ment. Preston, Mr. Dodding-, Mr. Egerton, Mr. Ralph Ashton, of Middleton, Mr. J. Hales, sir William Brereton, Mr. Thomas Standish, of Dewxbury, sir Ralph Ashton, of Downham, Mr. Robert Hide, Mr. Thomas Byrch, Mr. Edmund Hockwood, and Mr. Jo. Bradshaw, were added by nomination of the house, to be deputy-lieutenants of the county palatine of Lancaster.*

The storm which had been long gathering, was now ready to burst ; and in this prepara- portentous year, Mr. Ashton, Mr. Shuttle worth, Mr. Rigby, and Mr. Moore, members civn*w°a^ of parliament, were enjoined, by the house of commons, to proceed into the county of shir^?"'^^^ Lancaster, to see the ordinance of the militia put in force in this county. These orders were speedily followed by others, to put the county in a state of defence, for which purpose forces were sent into Lancashire, and chrections were given to the deputy-lieutenants, and other officers in the county, to disarm and secure all recu- sants, and other " malignants." That offices of public trust might be filled by men devoted to the parliament, Edward lord Newburgh, chancellor of the duchy of Lancaster, was directed by the house of commons, forthmth to issue out commissions of peace to sir Ralph Ashton, hart., Ralpli Ashton, of Middleton, Rich. Holland, John Bradshaw, William Racliffe, Rich. Shuttleworth, John Braddell, John Starkey, esquires ; sir Tho. Stanley, bart., Jo. Holcrofte, Tho. Standish, Geo. Dodding, Tho. Fell, and Peter Egerton, esquires. And it was further ordered, that his lordship should immediately discharge sir Gilbert Hoghton, knight and baronet, Robert Holt, of Stubley, Alexander Rigby, of Brough, John Greenhalgh, Edm. Asheton, sii* Alexander Radchffe, WilHam Farington, Orlando Bridgman, sir Edw. Wrightington, and Roger Kirkeby, esquii-es, from being further employed as com- missioners of the peace within the said county .f

That the garrison in the interest of parliament in Manchester might be supplied with ordnance, Mr. Ralph Ashton was furnished with the speaker's order for the conveyance of four small pieces of brass-cannon to that place, with one similar piece, for the safety of his own house at Middleton. It was further ordered, that one thousand di'agoons should be raised for the safety of the county of Lancaster, in compliance with the wishes and desires of the well-affected people of that county,

• Journals of the House of Commons, 1641. t October 24.

8 CI)e ^isitoii) of tOe

CHAF. who, foreseeing the danger with wliich they were menaced, petitioned parliament for "• protection and support against " the papists and other malignants," [the king and his confidential ad^ isers and adherents being virtually, though not expressly, included in the number,] " wlio had associated and raised great forces, both horse and foot, to oppress and distress the well-aflfected subjects in the counties of York, Northumber- land, Westmoreland, and Cumberland, and in the counties palatine of Durham, Chester, and Lancaster." For carrying this purpose into effect, it was ordered by the house, that all lords-lieutenant, deputy-lieutenants, colonels, and other inhabitants of these counties, should associate themselves, and mutually aid and assist one another, by raising forces of horse and foot, and leading them into places which should be most convenient and necessary ; and, by all other good ways and means Avliatsoever, suppress and subdue the popish and malignant party in these counties, and preserve the peace of the kingdom, according to the order and declarations of parliament* The preparation for civil war being now neai'ly mature, it was ordered, that lord-general the earl of Essex, commander of the parliamentary forces, should be requested by parliament, to appoint lord Fairfax the commander-in-chief of the northern counties, in the absence of his excellency, with power to make and appoint other officers. All these preparations naturally required the sinews of war ; it was therefore ordered, that money should be borrowed for tlie defence of Lanca- sliire, and that such money or plate as Mr. Thomas Case, or any other person duly qualified, should underwrite for the defence of this county, and the reduction of the malignant party here, should have the public faith pledged for its repayment, with eight pounds per cent, per annum interest, — the money to be issued for the use of the county, by warrants under the hands of any four members of the house of com- mons serving for tliis county.^ Bills to the amount of four hundred thousand pounds, to be disbursed for the protection of Lancashire and Cheshire, were then issued, with the strict injunction, that no part of tliis money should be employed against the parliament, but preserved sacredly for its service. Instructions to this effect were sent to the deputy-lieutenants of Lancashire, and the same instructions, mutatis mutandis, were sent to those of Chesliii'e.

Although the gi-eatest exertions had been made to reinforce the English troops in Ireland, and Mr. John Moore had been sent down by parliament with express instructions, to sir William Brereton, enjoining him to transport the horse troops that were in Laucasliire and Chesliire, without delay, to that country, the rebellion and massacre, so memorable in the history of Ireland, took place this year, and a gi*eat number of the refugees sought an asylum in Lancashire. In the height of

" Journals of the House of Commons, Nov. 17, 1641. f Ibid. Nov. 22, 1641.

Supplies.

The remainder of this pedigree, commencing with the father of the two knights, Huyton is transcribed from the Visitation. 1

Henry. = Isabell.

r r-^

Sir Rich. Tarbock mar. Jane, dau. to ... ., Sir Henry Tarbock. = Katherine, dau. to — Halsall. and had issue. I

John Tarbock. — Eleanor Standish. Wm. Tarbock. = Jane, dan. to — Hudleston.

r H-

Elizas, dau. and heir, uxor Henry, died ward to Sir John Margery, died ward Ric. =:,.., dau. to Thomas Wm. Orrell. Stanley, sans issue. to Sir John Stanley. | Daniell.

r 1 -T— ^

Henry, married Agnes Frivell, sans issue. Sir William Tarbock, of Tarbock. = Margery, sister to Sir

I James Stanley.

r 1 1 ' ^

Thomas. = Elizabeth, dau. to Wm. Moore, Henry. Ric. Tarbock, alias Smithe, Margaret, uxor Dutton, of of Bank-house, Esq. of Newcastle. Bispham, in Lane, Esq.

r r 1 ■ r >

William. = Katherine, dau. to Edward. =. Dorothy, dau. to Sir Margaret, uxor Alice, uxor John Har- I Sir Thos. Gerard, I Geo. Cotton, of Cum- Wm. Ireland, of rington, of Huyton

I of the Brin. | bermere. Lydiate, Esq. Hey, Esq.

'^_

-1 i \

Frances. Margaret. Edward. Thomas. Mary.

Mr. Barritt of Manchester had in his possession a brass seal, deeply cut, and weighing seven ounces and a half, which belonged to sir William Tarbock, Avho appears to have married Margery, sister of sir James Stanley.* This antiquary has made a .spirited drawing of the antique, which is now the property of John Torbock, of Prescot, esq. and forms the initial letter of this chapter. The arms of Torbock, represented upon the shield, are, in heraldic phraseology, or, an eagle's leg couped

Ro'bte Nones haue 6' S"^. Alsoe thatThoas Haryngton haue 6* 8^. Alsoe I will that 5 Kye be putt to 5 poore men at the sight of myne ex". Alsoe I will that the 5 Kye of my Nawnts be holdyn forthe in the same forme at the sight of my son Richard and my ex"" and of two honest men of Torboke. Alsoe I will that my doghter Isabell hane all the residue of my other gods in whose hands soeuJ they be foundyn vnbeqwethan (except that dett that the wyf of Wiftm Irlond oghe to me queche I have gyffyn hyr in forme that sche hafe knolage of.) Alsoe I will that my cosyn John Norres and no moe bj myne ex^ Also I will that my s'^ Cosyn John Executo"^ haue to hys reward 4 mjkes yf it may soe pforme and prayinge my Cosyn Thomas Norres and my sonne Richard that they wowld be ou J seers that this my last will may be fulfyllyt. In witnes of the quech to this pjsent I haue sett my seals the day and yeare first aboue wryttyn.

And yf soe be that my Cosyn John Warant pay alle the detts I will and bequethe that my Cosyn John Norres haue all the detts of Tenaunts or obligacons or money that may be found to fulfyll my wheddys and pay my dettes to thayme that he knawas to pray for thair sawles as hit may pforme. Harl. MS. 2176, fo. 27 b.

* In the Stanley pedigree, Margaret, sister of James Stanley, archdeacon of Carlisle, and daughter of sir Thomas, who was summoned to parliament as lord Stanley in 1455, is married to sir William Troutbeck, of Mobberley.

VOL. IV. B

10 Visitor!) of 2Lanca£{I)ii*e»

Huyton gules, Oil a cliief indented, azure, three plates. The eagle's leg was assumed as a

^^^aiL- difference from the armorial hearing of the Lathoms. The crest upon sir Wil- liam Torhock's seal has heen described as a parrot by some, and by others as a bittern; but it is the eagle which was assumed by the Lathoms and Torbocks from an early period. An eagle was borne as a crest by Philip Lathom, of Astbury, in the reign of Edw. II. and an eagle, close, proper, beaked, and legged, gules, as on the seal, was borne by William Smithe, of NeAvcastle, the son of sir Wil- liam Torbock, In the Visitation, the eagle in the Tarbock crest is charged on the breast with a mullet, or. Henry, brother of sir William Torbock, held the manor of Tarbok in 20 Henry VII. as of the manor of Knowsley, by knight- service,* and was succeeded by sir William, who died 1 Henry VlILf leaving Thomas, 1, 2 Philip and Mary, J who was succeeded by William, who died 1 Elizabeth.^ Sir Edward Tarbock, of Tarbock, was knighted at Whitehall by king James I. on the 1st of November, 1606. Henry Tarbocke died in 16 Charles I. holding lands in Sutton, but had no property in Tarbock. || The family is said to have lost this inheritance by gaming,

i{„by. and the lordship of the manor is now vested in the earl of Sefton.

The Rabil of Domesday was the property of the Lathoms soon after the Con- quest; and in 32 Edward I. Robert de Lathom had a market and fair, as well as free warren chartered for his manor of Robye.^ His descendant, sir Thomas de Lathum, in 13 Edward III. had also a grant of free warren confirmed to him in Knouselegh and Roby ;** and in 9 Henry IV. free warren was confirmed to his son- in-law and successor, sir John Stanley, in the manors of Knouselegh and Lathum, and the townships of Child wall, Roby, and Anlasai"gh.|t The present earl of Derby is lord of the manor of Roby, which is subject to the court at Knowsley. Roby Old Hall, now a small square edifice of plaster-cast, was a fine, lofty brick mansion, built by John Williamson, esq. mayor of Liverpool in 1761, and at present belongs to

Knows- Richard Edwards, esq. having been several times transferred by sale.

Knowsley became the property of the Latliom family by the marriage of sir Robert de Lathom with Catherine, daughter and heiress of Thomas de Knowsley, and passed into the family of Stanley in like manner, by the marriage of Isabella, daughter and heiress of sir Thomas Lathom, grandson of sir Robert, with sir John Stanley.

The family of Stanley is a branch of the ancient barons of Aldelegh, in Stafford- shire, one of whom, Adam, had two sons, Lydulph and Adam, The former,

* Duchy Records, Vol. III. n. 71. f Ibid. Vol. IV. n. 32.

I Ibid. Vol. X. n. 46. § Ibid. Vol. XI. n. 14.

II Duchy Records, Vol. XXX. n. 42. H Rot. Chart. 32 Edw. I. n. 12. ** Rot. Patentium concess. Hominibus Angl. et Vascon. 3 Edw. III. n. 22. m. 11. tt Rot. Chan. 9 Hen. IV. n. 9.

|p\.

B3

^

«!

WtSfsi'cc of t\)t Sjoiisc ot Staiilcjt.

DEniVEl) PnOM THE IM.MIl.V MUNIMCNTS. jSD lUlOIHillT DOWN TO THE fREs'UNT TIME.

218aesit Beitp l^unUitli* ii

Lydulph de Aldelegh, was progenitor of the barons Audley ;* the second son, Huyton Adam, assumed the name of Aldithlega, or Audleigh, and had a son William, to J. L

whom his uncle Lydulph gave Stanleigh, or Stoneleigh, in Staffordshire, on which he assumed the surname of Stanley. Dr. Ormerod, from the Grosvenor MSS.,"}^ adds, that Adam and Thomas, brothers of William, were witnesses to this deed of gift. His son, sir William Stanley, having married Jane, daughter of sir Philip Bamville, acquired the manor of Stourton, as also the bailiAvick of Wyrrall forest, which had descended by females from Alan Sylvester, steward of one of the earls of Chester about 1120. On becoming possessed of the manor and bailiwick of Wyrrall Forest, he assumed the armorial bearings since used by his descendants, three stags' heads on a bend, and settled in Cheshire in the reign of Edward II. His grandson, William Stanley, living 35 Edward III., the son of John Stanley, married Alice, daughter of sir Hamo Massey, of Timperley, and died about 21 Richard II. His eldest son, William, inherited Stanley and Stourton, and, marrying Margery, daughter and sole heiress of sir William de Hooton, became lord of Hooton in right of his wife. The inquisition taken after his death is dated Stanley of

. . . Hooton.

6 Henry VI. From sir William Stanley are descended the elder branch of the Stanleys, and from his younger brother, John, the present earls of Derby deduce their origin.

Sir John Stanley, the second son of sir William Stanley and Alice Massey, is Stanley of

, -i . . Knowsley

said to have had for his patrimony the old seat of Newton in Macclesfield, in the & Lathoni. county of Chester. Secombe fixes the date of his birth in 27 or 28 Edward III., and yet asserts that he commanded at the battle of Poictiers, under his relation James lord Audley, in 1357 ;| but, as, according to this author, he was then only three or four years old, this cannot be correct, neither could he, directly after the battle, have been engaged in the tournament at Winchester. His marriage with the heiress of Lathom must be attributed to other causes than his bravery in her presence on this occasion. In 1385 he Avas lord deputy of Ireland ; in 1395 constable of Roxburgh castle, and in 1399 first lord justice, then lord lieutenant of Ireland. In 1405 he was commissioned, in conjunction with Roger Leke, to seize the city of York and the Isle of Man. About this time, or before.^ he married Isabella, daughter and heiress of sir Thomas Lathom, whose crest he assumed, and acquired those immense estates which laid the foundation of the princely inheritance of the house of Stanley. In 7 Henry IV., having recently built a house, called the Tower, at Liverpool, he had a license to fortify it with embattled walls ; and in the same year, by letters patent, the Isle of Man was granted to sir John Stanley, at first for

* Nicholas, the last of these barons, died July 25, 1391.

+ Adam, the father of Lydulph and Adam de Audley, is said to have had the manor of Raveney, in Cumberland, from Henry I. J House of Stanley, p. 13.

B 2

12 ?^isiti3rj) of 2Cancas!f)ire,

Huyton life, l)ut aftevwai'ds in perpetuity.* In 9 Henry IV. he was general attorney to J!!!1!1_ Thomas de Lancaster, and had confirmed to him the manors of Lathum and Knoaslegh, with free warren in Childewell, Rohy, and Anlasargh, the ancient inheritance of sir Thomas Lathum.f" Sir John held several offices of dignity under Henry IV. and V., and died January 6, 1414, leaving two sons, sir John, who succeeded him, and sir Thomas, who was ancestor of the Stanleys of Pipe, in Staffordsliire.

Sir John Stanley was knight of the shire for this county in 2 Henry V., I constable of Caernarvon castle 5 Henry VI., justice of Chester 5 & 9 Henry VI., and died in 1431. There is some uncertainty respecting his wife. According to one account, she was Isabell, sister of sir William Harrington ;§ another account sa3's, she was daughter or granddaughter of sir Robert Harrington of Hornby ;|| a third makes her Elizabeth, daughter of sir John Harrington, and sister and coheir of sir Robert Harrington ;^ a fourth authority suspects that her father was sir Nicholas ;** and Secombe says that she was only daughter to sir John and sister to sir William, who, dying without issue, she became heiress to her brother, and mistress of the fine seat of Hornby castle, near Lancaster.^ Sir John Stanley was succeeded by his only son. staiUey. ^i^" Thomas Stanley, the first lord Stanley, was lord-lieutenant of Ireland for

six years ; in 9 Henry VI. he was comptroller of the household, and chamberlain ; and in 2-5, 27, 28, 29, and 33 Henry VI. he was knight of the shire for the county of Lancaster.];^ On the 20 January, 1455, he was summoned to parliament as lord Stanley. He left several cbildren by his lady, Joan, daughter and coheir of sir Robert Goushill, of Hoveringham, in Nottinghamshire. The eldest son, sir Thomas, was his successor. The second was sir William Stanley, of Holt castle, in Denbighshire, who, after being instrumental, with his elder brother, in placing the crown on the head of Henry VII., was beheaded on a charge of high treason by that monarch, on the 16th of February, 1494-5.§§ Sir John Stanley, the third son, was ancestor of the Stanleys of Weever and Alderlegh, and James, the fourth son, was archdeacon of Carlisle. Of his three daughters, the eldest, Elizabeth, was married to sir Richard Molyneux, ancestor of the earls of Sefton, who was slain at the battle of Bloreheath in 1459. || || This Thomas, first lord Stanley, in 38 Henry VI. was charged by the house of conmions with high crimes and misdemeanors in a bill which has been inserted, and which is now mentioned, to notice that the bill styles William Stanley, the brother of lord Stanley .^^

* Vol. 1. p. 370, 371. t Rot. Chart. 9 Hen. IV. n. 9. t See Vol. I. p. 315.

§ Dugdale Baron. Vol. II. p. 248. || Collins' Peerage, by Brydges, Vol. III. p. 54.

H Harl. MSS. Codex 1997. ** Sir E. Brydges' note in Collins, ibid,

tt House of Stanley, p. 28, n Vol. I. p. 315. ^§ lb. p. 448, 9. |||| lb. p. 413. HIT lb. p. 414.

AJKfLjaX 1^7 EA)f

Sir Thomas Stanley, eldest son of Thomas the first lord, was twice married. Huyton

His first lady was Eleanor, daugliter of Ricliard Neville earl of Salisbury, by whom L

he had a numerous issue. His second wife was the celebrated countess of Rich- mond, the mother of Henry VH. From 2 Edward IV. to 1 Henry VH. lie was justice of Chester. In 22 Edwai'd IV. he commanded the right Aving of the English army at the taking of Bermck, under Richard duke of Clarence. Faithful to Edward IV.* he, incensed by his allegiance to the young king Edward V., the protector, who seems to have intended his destruction along with the less fortunate lord Hastings.^ Notwithstanding this circumstance, he bore the mace at the coronation of Richard III.,]; who constituted him steward of the household and constable of England for life, and installed him knight of the garter.§ His conduct, and that of his brother, sir William Stanley of Holt, at Bosworth Field, has been described in the account of that decisive action. || On the 27th October, 1485, he was advanced to the earldom by the title of earl of Derby .^f Henry VII. visited the earl at liis manor house in Lancasliire,** and early in his reign conferred upon him almost all the estates forfeited in the north : thus he acquired the estates of sir Thomas Broughton ; ft of sir James Harrington, of Hornby ; of Francis viscount Lovell ; of sir Thomas Pilkington, " and what sir Thomas had in right of his lady," who was daughter and heir of — Chetham, of Chetham. Tlie said sir Thomas was owner of all tlie land the earle of Derby now claims in Salford liundred. He had also Pooton of Pooton's, Bythom of Bythom's, and NcAvby of Kirkby's estates, in this county, with at least twenty gentlemen's estates niore."f ;|; Thomas earl of

* See Vol. I. p. 422. After the battle of Stamford in 1469, Clarence and Warwick, " harde yat ye jjjjjg ^gg comyng to y'™ warde in contynent y'y dep'ted and wente to Manchestr' in Lan- casshire hopyng to have hadde help & socour of y° Lord Stanley butt in conclucon y" y*> liadde litill favour as itt was enformed y^ king." — Paston Letters, by sir John Fenn, Vol. IL p. 38.

t See Vol. L p. 425. : Ibid, p. 426.

§ Ibid. p. 429. For several grants and commissions from Richard III. see p. 426, 7, 8, 9.

II Ibid. p. 433-440.

IT Ibid, p. 443. Leland was misinformed respecting the earl's being either the first or the third lord Stanley. The Itinerant says —

Sum say that Thomas was the first Olde Thomas of Darby, as Mr. Haul told me, was

of the i'fawcZe/ei/ that was made the 3. of the Standeleys that had the Name of a Lorde. Lorde and after Erie. This Thomas wras after made Erie of Darby.

Much of the Standeleys Landes cam by Latham of Latham afore that Thomas was made Erie. The attainted Landes o{ Pilkington, Brorighton, and Wotton were after gyven hym.

And Standeley Lord Montegle hath the Lord i/arin^r^ows Landes. — Leland Itin.Vol.VI. fo. 37, p. 32.

*• See Vol. I. p. 449, 450, 452. ft Ibid. p. 443, 446.

n MS. peties the late Rev. Josh. Brookes, of Manchester. A record in the duchy office, in enumerating these estates, mentions Holland, Nether Kelleth, Halewood, Samiesbury, Pilkington,

14 W^toi'V oi ^mxtn^i)ive.

Hu)ton Derby claimed to have free warren in Pilkington, Whelfiekl, Handesworth,

L_ Cheteliam, Crompton, Accrington, and Shoghos, and to be the king's bailiff of

Amounderness and Blackburnsliire, and to serve attachments and other matters appertaining to the office of king's bailiff there, as well as to be king's bailiff in the wapentake of Lonesdale.* In 6 Henry VII. he was commissioned, with his son George, to borrow money in this connty for the king's service in the expedition into JPrance. This earl died in 1504; his will bears date July 28, in which his titles appear, earl of Derby, lord Stanley, lord of Man, and great constable of England. By the lady Eleanor he had Thomas and Richard, who died young ; George Stanley, third son, kniglit of the shire 17 Edward IV.,^ summoned to parliament, as lord Strange, 22 Edward IV,, a title conferred upon him in right of his wife Jane, daughter and heir of sir Jolm, lord Strange, of Knockyn.J By this lady he had Thomas, the second earl of Derby ; John, and sir Edward Stanley of Crosshall, and died before his father, 5th December, 1497. The fifth son of Thomas, 1st earl of Derby, and lady Eleanor, was sir Edward Stanley of Hornby, who was created lord Mountegle, or Monteagle, 6 Henry VIII., in allusion to the family crest, and to a hill gained by him at the battle of Flodden.'§ The 6th son was James Stanley, warden of Manchester and bishop of Ely.|| He was succeeded by his grandson. By Margaret, countess of Richmond, he had no issue. Indeed, on her marriage into the house of Stanley, she requested and obtained of her lord a license of chastity, which she vowed, according to form, in the presence of bishop Fisher ; after which she led a life of mortification, and wore girdles and shifts of hair, even to the dilacerating of her tender skin. Her works of piety were numerous, and, amongst the most munificent of them, may be reckoned the founding of St. John's College at Cambridge. This celebrated lady, having survived her third husband, Thomas lord Stanley, the first earl of Derby, died on the 29th of June, 1509, three

Bury, Chetham, Chetewood, Halliwall, Broughton in Furnes, Boulton in Furnes, Underworth, ShuUilworth, Shippelbotham, Middleton, Overesfield, Smithells, Selbethwaite, Tottington, Elleslake, Urswick, and many others, forfeited by attainders. — Red Repertory, Bundle H. n. 13.

* Kuerden's 4to. MS. fo.57. f See Vol. I. p. 316. '

t In a contemporary account of the sieges in Northumberland, dated December, 1462, it is said : " At ys siege of Bamburgh y« Erie of Worcestr' the lord Mountague the lord Strange & the lord Say, the lord Grey de Wylton, the lord Lumley, the lord Ogitf," were present. Excerpta Historica, p. 365. He was descended from Guido Extraneus, or le Strange, tern. Hen. I. Of this family was Ebulo le Strange, the second husband of Alicia, daughter of Henry de Lacy, and widow of Thomas earl of Lancaster. See Vol. L p. 131-2.

\ See Vol. I. pp.459 and 582, sir Edward was sheriff of Lane. 1501, 1508, and 1512; and when lord Monteagle, sheriff in 1514, 1520, and 1527. See Vol. I. p. 205. See also pp. 459, 460, 461, 463, 464. II See Vol. IL p. 197, 198, 207, 208.

months after the accession of lier grandson Henry VIII. to the throne of England, Huyton and lies buried in the superb chapel then lately erected in Westminster Abbey. _!!!!_

Thomas, second earl of Derby, son of George, lord Strange, by charter 2d Eari. 8 Henry VIII. had a grant of these other titles, viscount Kynston, lord Stanley and Strange, lord of Knockyn, Mohun Basset, Burnul and Lacy, lord of Man and the Isles. He died before May 13, 1522, having married Anne, daughter of Edward, lord Hastings, and sister of George, earl of Huntingdon, by whom he had John, died young ; Edward, second son, his successor, and Henry, who died of the sweat- ing sickness. His only daughter, Margaret, married Robert Ratcliffe, the first earl of Sussex.

Edward, third earl of Derby, was under age, and in the retinue of cardinal Wolsey, 3d Eari. when his father died. On tlie appearance of the insurrection, called "The Pilgrimage of Grace," in 1536, the king directed his letters to the earl of Derby, Avith instructions to raise what forces he could j* and that formidable rebellion was suppressed chiefly through his diligence in securing the abbey of Whalley,'[" and other houses of treasonable resort. In 1548, he Avas appointed by Edward VI. one of the commissioners of the Reformation.;}; Queen Mary, on the day of her coronation, constituted him lord high steward of England, on Avhich occasion he came from Lathom to his house in West- minster, with a retinue of upward of fourscore gentlemen, clothed in velvet, and 218 yeomen in liveries. In the succeeding reign, although his sons, sir Thomas and sir EdAvard, favoured the attempt to deliver Mary, queen of Scots, from Tutbury castle, the earl himself Avas appointed lord lieutenant of this county, in Avhich capacity he communicated the treasonable designs of the earls'of Westmoi-land and Northum- berland.§ The queen Elizabeth, says Camden, chose for her privy councillors twenty statesmen, amongst AA'liom Avas the earl of Derby, he having been one of queen Mary's privy council. 1| This nobleman lived in a style of extraordinary splendour in an age of extravagance in personal and household embellishments ;5[ the same annalist observes, that " with Edward, earl of Derby's death, the glory of hospitality seemed to fall asleep." He died at Lathom House, Nov. 24, 1572, and Avas buried at Ormskirk, on Thursday, the 4th of December, Avith great splendour.** This earl had the reputation of maintaining a conjuror in his house ;'|t and Richard Boyle, the first earl of Cork, in a memorandum of letters Avritten to and by him, says, " Mum- ford resorteth to Stanley's house in Lancashire, Avithin six miles of Leerpoole. There he is to be had. There he lately cast out divels.";{;:|;

* See Vol. I. p. 476, 477. t Ibid. p. 479. : P. 516. § P. 517.

II Ann. Eliz. 1558, p. 2. f See Vol. I. p. 574.

Harl. MSS. Cod. 247, and Cod. 2129. ft Ibid. p. 589. It Boyles MS,

••

10 2ji£{toij) of aancagljire.

Huyton Tliis cail had three wives ; the first was Dorothy, daughter of Thomas HoAvard,

^^"'''' duke of Norfolk. His second wife was Margaret, daugliter of Ellis Barlow, of Barlow,* and the third was Mary, daughter of sir George Cotton, of Combermere abbey. By his first wife he had Henry, sir Thomas, sir Edward, and four daughters, all married. 4th Earl. Henry, fourth earl of Derby, when lord Strange, was a favourite of Edw. VI.'j-

and queen Elizabeth,^ In 29 Elizabeth, he was one of the peers on the trial of Mary, queen of Scots, and in 32 Elizabeth was constituted lord high steward on the trial of Philip Howard, earl of Arundel. His activity against recusants procured him the thanks of the queen.§ By Jane Halsall, of Knowsley, he had an illegitimate son, Thomas Stanley, father of Ferdinando Stanley, of Broughton, who died s. p. 1664. The earl married Margaret, only child of Henry Clifford, earl of Cumberland, and Alianora, daughter and coheir of Charles Brandon, duke of Sussex, by Mary, queen dowager of France, youngest daughter of Henry VH. By this lady, who lost the queen's favour for consulting wizards, || he had Edward, lord Stanley, who died young, Ferdinando, his successor, Francis, who died young, and William, who suc- ceeded Ferdinand.

* See Vol. II. p. 396. t Vol. I. p. 499. t P. 521. § P. 537.

[| See Vol. I. p. 589. The following letter from this lady to sir Francis Walsingham, minister to queen Elizabeth, is extracted from the MSS. of Mr. Dell, secretary to archbishop Laud : —

" The Countess of Derby to S'' Fran. Walsingham. " R« Hofible, " If but one & not many affliccons f troubles were layd upon me at once, I would then endeauour my self to bears there w"', & forbeare for remedy thereof to trouble any of my good Freinds. Sicknes & weakness in my Body & limbes I haue of longe tyme been accustomed to sufferr. And finding small remedy after proofe of many, lastly upon the informacon of some about me y' one Randall had a speciall Remedy for y« cure of my Disease by applying of outward things ; I had him in my House for that purpose, from May untill August next following, in which tyme I found some ease by his Medicines. But since I have understood by report y^ man to have lyued in great wickedness, wherew'*' it hath pleased God to suffer him amonge other not a little to plague me w"^ his slan- derous tongue whilst he lyued. What repentance he tooke thereof before his death God knoweth. Good S'' yo'' heavy f longe continued displeasure w'^'' her Maty thereby, f by y^ accusacon of some others hath layd upon me, doth more vex my heart ^ spirit, then euer any infirmityes haue done my bodye. And yet I euer haue, will, & doe confess yt her Ma'y hath dealt both graciously & merci- fully w"> me in Coinitting of me both to such a Place where is wholsome & good Ayre, w*out ye which I had perished ; and unto such a Person whom I finde as he is, my good kinsman. The last affliccon tormenteth my soule wt'^ y« continuall clamour & outcry of many my poore Creditors, for whom I finde noe remedy, unless it may please her Highnes to lycense my L''. and me to sell soe much Land of my Inheritance as may discharge y^ same, whereof though her Highnes be in Revercon yet be there aboue 20. Persons inheritable thereunto as Heyres of y'' body of my Grandfather,

WBt&t mtvii\y fwiHivtti. 17

Ferdinando, the fifth eavlof Derby, is chiefly remarkable for the manner of his Huyton

death, which was attributed to witchcraft.* The circumstances attending this event L_

are minutely stated in " a brief declaration touching the strange sicknes f death of 5th Eari. y^ most honorable ferdinando late Earle of Derby, gathered by those who were psent with him all the time therof."t His death is not attributed in this paper, either to witchcraft or to poison: — " His Hon. diseases apparant, were vomiting of sowtie or rustiey matter, w"" blood, the yellow Jaundice : melting of his fatt: swelling f hardnes of his spleen : a violent hickcock f some days before he died stopping of his water. The causes of all these diseases were thought by the Phisitians to be partly a surfett partly a most violent distempering himself w"" vehement exercise taken iiij dayes together in Easter weeke:" but in " a true reporte of such reasons f coniec- tures as cause verie many f the same also verie learned men to suppose his Hon. to be bewitched," the artifices Avhich were adopted to divert suspicion from the real cause of his death, are detailed by " the veiie learned" with very great credulity .J

Charles Duke of Suffolke. I humbly pray you to be a means unto her H. herein, & for her Matys clemency & mercy to be extended towardes me, whom, I take y<= high God to witness y' I euer haue fe'ared and loued, & soe will continue whilst my life endureth. Thus coinitting my selfe to your good consideracon, & us both to God, I cease to trouble you.

" Her Mat^^ prisoner & your assured Freind, " M : Derby."

" May — 1580." Harl. MSS. Cod. 787, fo. 16 b.

* See Vol. I. p. 563. t Harl. MSS. Cod. 247, fo. 204.

I A true reporte of such reasons f coniectures, as cause verie many f the same also verie learned men to suppose his Hon: to be bewitched.

The first of Aprill, 1594, being the mondaie before his Hon: fell sicke, a woman offred vnto him a supplicacon or petition, wherin her request was y' it would please him to giue or assigne her a dwel- ling place neere vnto himself y' she might from tyme to tyme reveale vnto him such thingf w'^ speed, w"^'' God revealed vnto hir, for his Hon: good. This petition was thought vayne f y^'fore refused.

On thursdaie night foUowTg, being the iiij"' of Aprill, his Hon : dreamed his ladie was most Thurs- daungerouslie sicke to death, f in this sleepe (being sore troubled therwith) he wept sodainelye cried '''*'*■ out, started from his bedd, called for help, sought about the chamber, betwixt sleeping (;" waking, but being fullie awaked, was comforted, because he found hir well. Here we omitt Strang dreames, or rather diviations of dinars graue f honest men w"^'' happened before f about y* time of his Honour's sickness.

One fryday the first of Aprill, in his chamber at Knovvsley, about sixe a clocke at night, there !•>,. appeared sodaynely a tall man w"' gastely f threatning countenance, who twise or thrise seemed to crosse him, as he was passing thorow the chamber f when he came vnto the same part of the chamber wher this shaddow appeared he psently fell sicke f there vomited thrise. Mr. Goborne, one of his Hon: secretaries, attending the vpon him sawe nothing w'^'' more amazed his Hon : The same night he dreamed y' he was in fighting f twise or thiise stabbed to the hart, f also wound in many other places of his bodie.

The tenth of Aprill, about midnight, was found in his Hon: bedchamber by one Mr. Halsall an Wed. image of waxe w"' haire like vnto the haire of his Hon : Head, twisted thorowe thebellie therof, from VOL. IV. C

I

/

18 W^tov\} ot i.anras;f)iVe»

Huyton Otlicis, liowevcr, suspected that poison had been administered through the agency of ^^'"''' his master of the horse, who fled as soon as the earl took to his bed.* He died

the navell vnto the secrets. His Image was spotted, as the same Mr. Halsall reported vnto Mr. Smith one of his Hon : secretaries, a daie before anie paine grewe, f spottf appeared vpon his sides f bellie. This image was hastilie cast into the fyre by Mr. Halsall before it was viewed because he thought by burning the same as he sayd he should relieue my lord from witchcraft C burn the witch who so much tormented his Hon: But it fell out contrarie to his loue f aflfection, for after the melting therof his Hon: more f more declined. p™_ The xijth of Aprill, one Jane, a witche, demaunded of Mr. Goborne whether his Hon: felt no

payne in the lower parte, f whether he made water as yet or no: f at that verie time notw"'standing all helps his water vtterly stopped, ^ so remained till he died.

S'' Edward Filton, who w*'^ other Justices examined certaine witches, reportethe, that one of them beino- bidden to sale the lordf praier, said it well, but being coniured I would rather sale adiured in the name of Jesus, that if she had bewitched his Hon: she should not be able to sale the same, she could neuer repeat that petition, " forgiue vs o'' trespasses," no not although it was repeated vnto hir.

A homelie woman, about fiftie years old, was found mumbling in a corner of his Hon: chamber: but what God knoweth. This wise woman, as they termed her, seemed often to ease his Hon : both of his vomiting f sickness. But that felle out w'^'' was strange, that when so long as his Hon : was diseased the woman hir self was troubled most vehemently in the same manner. The matter w'^'^ she vomited being like also vnto that w"^"" passed from his Hon : But at the last when this woman was happelie espied by one of y* doctors tempering f blissing (after hir ill favoured manner) the iuce of certayne herbes, hir potte wher into she strayned the iuce, was tumbled downe by y^ same doctor, f she ran out of the chamber notwthstanding she did saie that she would not cease to ease his Hon : although she could not pfectlie cure him, because he was so stronglie bewitched.

All phisick wrought verie well, yet his Hon: had none or litle ease y^'^by. His diseases were many f his vomitf w"^ stopping of his water greevous, yet ever his pulse remained as good f pfitt as ever it did in tyme of his best health till one quarter of an houre before he died. He himself in all the time of his sicknes cried oute that the doctors laboured in vaine, because he was certainelie bewitched.

He fell twise into a trance not able to moue hand, head, or foot, when he would haue taken phisicke to doe him good.

In the end he cried out often against all witches f witchcraft, reposing his onely hope of salvation vpon the meritf of Christ Jesus his blessed sauiour.

One excellent speech can not be omitted amongst many in the time of his sicknes, especiallie the daie before he departed, at w'^'' time he desired one of his doctors whom especiallie he loued to pswade him no longer to liue, because (saith he) although out of thy lone, thou wouldest stirre vp hope of life, f doest imploy all thy witt, arte f travaille, I praye thee cease, for I am resolued psentlie to die, f to take av/aie w"> me onelie one part of my armes, I mean the Eagles winges, so will I flie swifilie into the bosome of Christ my onely saviour. And w"> that he sent for his ladie, f gaue hir his last vale or farewell, desiring her to take awaye f loue his doctor, and also to give him some Jewell, w^'' his armes f name that he might be remembred, the w'^'^ thing iinediatlie after

his death was most honorably pformed. (The rest is torn off.)

Harl. MS. 247. fo. 204, a. 205. * Camden's Ann. of Elizabeth, p. 503.

April 16, 1594, having married Alice, daughler of sir John Spencer, of Althorpe, by Huyton whom he had three daughters. Leaving no male issue, the earldom devolved upon ^'"'^''- his brother,

William, sixth earl of Derby, who purchased the claims of his three nieces, ctheari. daughters of Ferdinando, to the Isle of Man. He married Eliz., daughter of Edward Vere, 17th earl of Oxford, by whom he had James, his successor; sir Robert Stanley, K.B.; Charles, who died unmarried; and three daughters. He died 29th September, 1642.

James, seventh earl of Derby, before his accession to the earldom, was summoned 7tii eaii. to parliament by the title of lord Strange, Feb. 13, 1627. Of this earl and his heroic lady Charlotte de la Tremouille, the numerous particulars recorded in the body of this work, and the subjoined elaborate biographical notice of his lordship, obviate the necessity for further notice in this place. He was beheaded at Bolton, 1 Stli October, 1651,* and liis lady survived until 21st March, 1663, when she was buried at Ormskirk. Their children were Charles, two infants, Edward and William, and four daughters, of whom the third married John Murray, marquis of Athol, in whose descendants the Isle of Man and the barony of Strange became invested.

Charles, eighth earl of Derby, succeeded his father, and, in Aug. 1659, appeared sth eari. at the head of several Lancashire gentlemen, in support of the unsuccessful rising of sir George Booth in Cheshire. The earl was taken prisoner, and attainted by parlia- ment; but an act was passed in 16 and 17 Charles II. entitled, "An Act for restoring of Sir Charles Stanley in blood."'}" The earl was appointed lord lieutenant of Lan- cashire at the Restoration, and died December 21, 1672. By his lady Dorothea- Helena, daughter of John Kirkhoven, baron of Rupa in Holland, he had William- Richard-George, the 9th earl ; Robert, who died unmarried; James, the 10th earl ; Charles, M. P. for Preston, and knight of the shire in four parliaments; and one daughter.

William-Richard-George was lord-lieutenant in 1676, removed under oth eari. James II., and reappointed, with the lord-lieutenancy of Cheshire, Oct. 17, 1688. He mamed Elizabeth Butler, daughter of Thomas earl of Ossory, and died without male issue, November 5, 1702, when the barony of Strange, by writ 1628, fell into abeyance between his two daughters and coheiresses, Henrietta and Elizabeth ; the latter died unmarried 1714, on which the barony devolved upon her sister, who died 1718, leaving, by John lord Ashburnham, an only daughter and heir, Anne> who died unmarried 1732, which now fell to her uncle James, wlio succeeded his brother in the earldom.

* See Vol. III. p. 61. -f Statutesof the Realm,Vol.V. p. 253.

c 2

20 i^i^ini)) of 2Laucasif)iie»

Hu ton James, tenth eavl of Derby, served in the convention parliament, Jan. 22,

Parish^ 1688-9 for Preston, and for tlie county from 1695 to his accession to the peerage.

iiith earl. Hc married Mary, daughter and heiress of sir William Morley, of Halnaker, K.B., by Avhom he had an only son, William, Avho died an infant. On the earl's death, without male issue, 1 Feb. 1 735-6, the male descendant of Thomas the second earl, eldest son of George lord Stanley and Strange, son of the first earl, became extinct ; and the barony of Strange, Avith the sovereignty of Man, devolved upon the heir general, James Murray, second duke of Athol, grandson and heir of John, first marquis of Athol, by tlie lady Amelia-Sophia, third daughter and, now by the extinction of descendants from all his other children, sole heir of James, seventh earl of Derby, The earldom itself devolved upon

11th earl. Sir Edward Stanley, of Bickcrstaffe, the fifth baronet of this branch of

the Stanleys. His father was sir Thomas, son of sir Edward, Avho succeeded his father sir Thomas, the son of sir Edward, Avho was created a baronet 26 June, 1627, and Avho inherited Bickerstaffe from his father Henry, the son of sir James Stanley of Crosshall, brother of Thomas, second earl of Derby, and third son of George lord Stanley and Strange. In 1741, Edward, the eleventh earl, Avas appointad loi*d- lieutenant of Lancashire, March 13. He married Elizabeth, only daughter of Robert Hesketh, of Rufford, esq., and had James, improperly styled lord Strange, that barony belonging to the duke of Athol ; and Thomas and EdAvard, Avho died young. James, by his Avife Lucy, or Mary, daughter and coheiress of Thomas Smith, of Weald Hall, Essex, had EdAvard Smith Stanley, the tAvelfth earl; Thomas, Avho died in 1776; Elizabeth, married to the Rev. Thomas Horton ; Lucy, married to the Rev. Geoffrey Hornby ; Harriet, married to sir Watts Horton ; and Lucy, AA'ho died 1769. James, lord Strange, died before his father, 1 June, 1771 ; and the earl, dying 2 Feb. 1776, Avas succeeded by his grandson.

litheari. Edavard Smith Stanley, bom Sept. 12, 1752, and died Oct. 21, 1834. By

his first Avife, lady Elizabeth Hamilton, daughter of James duke of Hamilton and Brandon, he had Edward, the present earl ; Charlotte, AA'ho married her cousin Edmund Hornby ; and Elizabeth-Henrietta, married to Thomas, son of major Tliomas Rea Cole, of TAvickenham. By his second Avife, Elizabeth Farren, he had Lucy -Elizabeth, born 1 March, 1799; Henry-James, born 9 March, 1800 ; and Mary-Margaret, born 22 March, 1801, and married to Thomas earl of Wilton.

13th earl. Edward Stanley, the present earl, Avas born 21 April, 1775; married his

cousin Cliarlotte-Margaret, second daughter of the Rev. Geoff'rey Hornby. He Avas created a peer of the realm during his fiither's lifetime, by the title of lord Stanley, baron Bickerstaff'e, 10 Dec. 1832. His eldest son, Edward Geoff'rey Smith Stanley, noAv lord Stanley, M. P. for the northern division of Lancashire, Avas born 29 March,

TIIF. ir HON""' LDUVIll) l.l.lllllUA MAM.I.^

1 799, and filled successively the office of secretary for Ireland and secretary for the Huyton

Colonial department under the administration of earl Grey. The earl's second son, '—

Henry-Thomas, M. P. for the borough of Preston, was horn March 9, 1803.

The history of this illustrious family is wiitten in indelible characters in the history of the county palatine of Lancaster. No family has been so long and so deservedly distinguished in this county as "the house of Stanley;" a gi'eat mass of curious and interesting documents, accumulated for this portion of our Avork, is withheld, under the restraining influence of our prescribed limits, and because the sources from whence these records have been derived, and where they may be con- sulted, is indicated, for the most part, in the preceding volumes.

Knowsley Hall, the principal seat of the earl of Derby, is situated in the parish of Huyton, seven miles from Liverpool and two from Prescot. Close to the end of the last named town stand tAvo stone lodges, between which a handsome iron gate- way opens into the park, which is not only the largest in the county, being nine and ten miles in circumference, but of considerable antiquity, and abounds in beautiful scenery.

Knowsley Hall has more of the grandeur created by ample dimensions than by architectural style. The portion prepared for the reception of Henry VH., and for the sojourn of the prince regent in later times, was rebuilt in 1820, of stone, with battlements, small towers, and kernellated parapets. Over the south or front entrance, beneath the family arms, is this inscription:^ —

" James Earl of Derby, Lord of Man & the Isles, Grandson of James Earl of Derby & ofChailotte daughter of Claude Duke de laTremouille, whose husband James was beheaded at Bolton 15"^ October, 1652,* for strenuously adhering to Charles the Second, who refused a bill passed unanimously by both Houses of Parliament for restoring to the family the estates lost by his Loyalty to him. 1732."

This James was the tenth earl of Derby, who succeeded his brother William- George-Richard, and in favour of whose father, Charles, son of the loyal .James, a bill was passed in 16-17 Charles IL, by which he was restored to blood, and from which it would appear that the author of the inscription was not deeply versed in the history of his family. The pictures in Knowsley Hall are niunerous, and many of them splendid, particularly Belshazzar's Feast, by Rembrandt ; Seneca in the Bath, by Rubens ; Sea Pieces, by Vanderveldt and De Long. There are also paintings by Teniers, Salvator Rosa, Corregio, Vandyke, Claude Lorraine, and other masters. Among the chief objects may be noticed, the Passage over the Red Sea, the Entry

a l(i51.

22

W^tov^ of %nmn^\)ivt*

Hiiyton Parish.

into the Land of Promise, and Joshua commanding the Sun. There are also many valuable family portraits by eminent artists, one of the most interesting of which is that of Thomas, the first earl of Derby.

His edu- cation.

Marriage.

Elected Knight of the Bath.

Habits.

Proffered, service to Charles I.

JAMES STANLEY, seventh earl of Derby, K.G. and K.B. eldest son of William, sixth earl, by Elizabetli, his countess, eldest daughter of Edward Vere, seventeenth earl of Oxford, by Anne Cecil, daughter of the great lord Burleigh, veas born in the year 1606.

It is probable that this nobleman received the rudiments of his education from some teacher in his native county, for, in those days, public schools and universities were little resorted to by the nobility, or even by the upper ranks of the wealthier gentry, and that he afterwards went abroad to learn the languages. Of the time thus spent, he makes the following mention in a treatise addressed to his son Charles : — " You have already received the benefit of your mother's language, so you need not travel, as I and others have done, to pass our time forwards, while we lost so much of our life to have studied men and manners."

On his return home, he married Charlotte, the beautiful and accomplished daughter of Claude de la Tremouille, whom he met with at the Hague, while on a tour on the conti- nent; and by this union became allied to the houses of Nassau and Bourbon, and most of the sovereign princes of Europe. For a time he entered into the gaieties of the court, and his house is mentioned by the marquis de Bassompierre, as open to distinguished foreigners ; and the name of his illustrious lady frequently occurs among those who, with the queen, took part in the masques and other diversions of the palace.

In 1625, he was elected one of the Knights of the Bath, at the coronation of Charles I. and was summoned to parliament as sir James Stanley, chevalier de Strange, without any local title, during the lifetime of his father, on the 18th of February, 1627.

In 1630, he was made lieutenant of the counties of Lancaster, Chester, and Flint, and, during this period, had endeavoured to follow in the steps of Edward, the 3d earl, who, in the most unsettled times, by removing himself from the court and its politics, and by the most princely and unblemished loyalty, passed a life of honour and usefulness.

The proceedings of lord Strange, in his voluntary retirement from public life, were such as to cause suspicions of his loyalty on the part of the court, so deeply rooted, that his blood was hardly sufficient afterwards to efface them. His deep sense of religion induced him to place in almost all his livings men of austere piety : yet these, as well as Herle, who had been instituted into the rectory of Winwick by the parliament, became afterwards his bitterest enemies.

His retirement was so rigid, that he staid away when Strafford was voted to death, though it must be remarked, that, in the treatise before alluded to, he protests against the measure.

Lord Strange did not in any manner attend upon the king at the commencement of the rebellion, until accumulating difficulties drove his majesty to York, in 1642; but when that crisis arrived, he felt himself obliged, by his ties both of religion and loyalty, to offer

'mt^t ©eitp ?l}untirtti» 23

his life and fortune to his sovereign, and to serve him to the utmost of his abilities and Hu>ton

power. ^'''''''^^-

With this view, therefore, he speedily raised a body of troops, and joined the king in

the north.

On the debate held by Charles and his council, immediately on his lordship's arrival, as ^etom- 1 • , i- • I , , mendation

to the most convenient place for erecting the royal standard, several towns were mentioned, to raise

each, in the opinions of the different speakers, possessing some great and decisive advan- standard

tage over all the rest ; York, Chester, Nottingham, Shrewsburj^, and Oxford being pro- '" ^anca-

posed, and his lordship having weighed and considered the several arguments in favour of

each respectively, interposed to the following effect: —

*' With humble submissiou to his majesty and the right honourable council, he conceived Lancashire to be a convenient spot for that purpose, urging that it was the centre of the northern counties, to which the loyal parties of Yorkshire, Cumberland, Westmorland, Cheshire, Shropshire, North Wales, and the county of Nottingham might have ready and easy access ; that he apprehended the inhabitants of that county, both gentry and com- mons, were well and loyally inclined to his majesty's just cause; that the people were hardy, and made good soldiers ; and that he himself, though the unworthiest of his majesty's lieutenants, to the utmost extent of his estate, would contribute to his service. He promised three thousand foot and five hundred horse, to be furnished at his own expense, and made no doubt whatever that, in three days, he should be able to enlist seven thousand more, to organise a force of ten thousand men in Lancashire, which the drafts from the adjoining counties might speedily increase, so as to form a considerable army; and that with it he trusted his majesty would be able to reach London before the rebels could effectually gather strength to oppose him."

Such a proposal as this, however well intended, did not exactly meet the approbation of certain members of the council, who had other schemes in train, and who looked coldly and suspiciously on the generous nobleman. They therefore demanded time to consider the measure, and to resolve what should be done, as best suited to meet the urgencies of this momentous affair. In a few days the council came to a decision, and Warrington was fixed upon, as being the most convenient for quartering both horse and foot, and as affording a point well calculated for forming the centre of the northern forces.

As soon as this determination was made known, lord Strange proceeded into Lancashire to prepare for the king's reception, and to dispose the county towards him. He mustered the forces on his arrival, and a considerable body of men appeared in the field, well armed with muskets, pikes, and other weapons. His lordship had, moreover, intended to call forth the forces of Cheshire and North Wales, of which he also held the lieutenancy, but, during his absence, jealousy and suspicion had already been active, and the king's ear had been grossly abused.

It was basely insinuated that his lordship had other intentions in raising these His mo- numerous forces than that of undertaking to prosecute his majesty's service, that he was inter- no favourer of the court, but a popular man, and an ambitious malcontent: that no one who P'^^'*'^- knew his near alliance to the crown, would think of trusting in his hands a power of such

24

W^tov}) of %nntdi^f)ivt.

Hujton Pdrish.

The royal slaiidard raised in Notting- hatn.

Tiie earl

raises

forces.

Marches to Man- chester.

magnitude, and that no proof was wanting of the habitual treachery of his family, in the minds of those who recollected that, although his ancestor, lord Stanley, had appeared with Richard the Third, and gave his son George as a pledge of his loyalty, he had turned the battle against that sovereign, and had set the crown on the head of Henry the Seventh.

These insinuations so prevailed with the king, and operated on the minds of his council, that the good-natured monarch was persuaded to change his resolution, and to set up his standard at Nottingham. Lord Strange was deprived of the lieutenancy of Cheshire and North Wales, and the lord Rivers was joined in commission with him in the county of Lancaster.

Although this abuse of his lordship's patriotism and honour had a decided effect in weakening the attachment of the more loyal inhabitants of the county to the king's service, and increasing the boldness of the disaffected, yet his lordship was determined to obey his majesty's pleasure; and sent in a formal resignation of the Cheshire and Welsh lieute- nancies, resolved, at the same time, that nothing, however harsh or imprudent on the part of the king's advisers, should induce him to revenge his wounded feelings at the expense of his soveregn's best interests, or force him to abandon his cause.

After a stay of five months at York, Charles departed, and the royal standard was erected at Nottingham ; but the troops did not muster in a degree at all equal to the expectation that had been formed, and the king had found time to reflect on his impolitic usage of the gallant peer ; in order, therefore, to offer some appearance of reparation, he addressed a letter to his lordship, wiutten with his own hand, desiring he would collect what forces he could raise, and join him there.

During this period of inaction much valuable time had been lost, and the position of affairs in the north had greatly altered ; the rebels had seized Manchester, and a great part of the country, before undecided in their feelings and determination, had joined the parliamentary army ; while others, bent on plunder and devastation, had declared for a loose and undutiful neutrality.

His lordship, in answer to his majesty's letter, informed the king that he could not now promise such assistance as might have been promptly rendered a few months since ; but, notwithstanding the discouragement he had met with, would use his utmost diligence in assembling such forces as he could command, and would issue his warrants accordingly.

Three regiments of foot and three troops of horse were organised without delay, armed and equipped by himself; and, as soon as they were properly clothed, headed by lord Strange in person, and marched to the king at Shrewsbury.

By the time the Lancashire forces had i-eached head-quarters, orders were issued for their return, and lord Strange was desired to commission colonel Gerrard to march down to Manchester and invest the place. The colonel set out with the view of putting these orders into execution, but, the waters having become so much swollen by the late rains, it was not found possible to take ground for the attack : his lordship was in consequence, at his majesty's express command, sent thither from Shrewsbury, with strict orders to make himself master of the place.

Immediately on his arrival, the town of Manchester was summoned to surrender ; but, Huyton on the arrival of an express with letters commanding him forthwith to join the king, his *^"**'- lordship did not deem it safe or prudent to disobey.*

He, therefore, to the cordial regret and dismay of his officers and men, gave directions to raise the siege, and to march at five o'clock the next morning; and in two days rejoined the king at head-quarters. In the mean time his lordship received intelligence of the death of his father, and thereupon succeeded to the earldom of Derby.

In consequence of the malicious insinuations of those whose business it was to have Removal better advised the king, the earl was now removed from the troops he had raised, and the earVfrom command given to another. His majesty excused himself for this piece of apparent insta- *"* '=°'"" bility, by the shuffling pretence, that his lordship's presence was necessary and highly desirable in Lancashire, where he might watch the progress of the rebels, and take measures to prevent the further growth of disloyalty in the north.

Lord Derby, though a nobleman of great command of temper, was so ruffled at this premeditated insult, that he had extreme difficulty in expressing his sentiments on the occasion without breaking through the established forms of etiquette, and shewing his anger. He, however, contrived to restrain himself while in the royal presence, and thus addressed the king — " Sire, if I have deserved this indignity, I have also deserved to be hanged: if not, my honour and quality command me to beg your justice against those persons, who, in this insolent manner, have abused both your majesty and myself: and if any man living (your majesty excepted) shall dare to fix the least accusation upon me, that may tend to your disservice, I hope you will give me leave to pick the calumny from his lips with the point of my sword."

Charles, upon hearing these complaints, had the sagacity to discover the dilemma he had fallen into; and, with a smooth countenance, endeavoured to excuse himself: — " My lord," said he, " my affairs are troubled, the rebels are making against me, and this is not a time to quarrel among ourselves : have patience, and I will do you right." Attempts

These unhappy feelings at court were eagerly caught at by the rebel commanders, and j,ig i^jj. converted to their own advantage. An offer of power and command in their army was s'"P's s^r-

o f J vices by

quickly forwarded to his lordship, purporting " that he could not but be very sensible of the parlia-

the indignity put upon him by the king's evil councillors at court: that those, his enemies, were the enemies of the nation : that they struck at religion and all good men, and would permit none but papists, or people popishly inclined, to be near his majesty: that it was the whole intent of the parliament to remove men of such desperate and pernicious prin- ciples from his person, and to secure the true Protestant i-eligion: and that, if his lordship would engage in that good cause, he should have command equal to his own greatness, or any of his ancestors."

The insolence of these letters had the effect of raising his lordship's indignation far

more than the slights and indignities he had received at court; he therefore dismissed the

officer who brought the despatch, desiring that he would " tell the gentlemen at Manchester,

that when they heard he had turned traitor, he would listen to their propositions: till then,

• See Vol. II. pp. 271, 273—275, and note p. 275 et seqq.

VOL. IV. D

26

W^tov^ oi ^mt<i$\)ivt*

Huyton I'arish.

Fortifies Lathora House.

Recruit- ing for the royal cause in Lanca- shire.

Recall of lord Rloly- neux.

Disas- trous con- sequence.

Meditated attack on the Isle of Man.

if he received any more papers of that nature, it would be at the peril of him who brought them."

The rebel forces had, by this time, garrisoned Lancaster and Preston, and, in a great measure, overawed the country : and being entirely divested of both arms and ammunition, and finding himself in no condition to offer any effectual resistance, lord Derby set about fortifying his house at Lathoni, and endeavoured, as secretly as possible, to get in what men and arms he could muster.

In the space of a month he succeeded in forming a tolerable troop of horse and two companies of foot : and having received information that three coiiipanies of the enemy's forces had advanced within six miles of Lathom, he marched against them, and, after a short engagement, routed the whole, and took the three captains prisoners.

By this spirited action, he not only procured a very considerable addition of arms, but struck such a panic into the county, as gained his lordship great reputation, and induced numbers to join him : he found himself, also, in such a position as obliged the rebels to keep within their garrisons.

At this period, the lord Molyneux, coming into Lancashire to recruit his regiment, which had been much reduced by the actions at Edge-hill and Brainsford, was applied to by the earl to unite their forces, and make a joint attack on the garrisons which had so long and so effectually annoyed the country, and impeded the march of his majesty's troops. This was agreed to, and was followed by the successive reductions of Lancaster and Preston.*

The earl proposed to move forwards to Manchester, before the enemy had recovered from the consternation which these rapid marches had excited, and which the subse- quent successful attacks on his principal points of strength had confirmed.

This proposal, though it met with some slight opposition, was, after a short debate, finally determined upon, and the united forces advanced, on the night of the 26th of March, as far as Chorley ; but the evil destiny of Charles here again prevailed, and a despatch arrived at two in the morning, with his majesty's command that lord Molyneux should fill up his broken companies from the earl's forces, and, with his regiment, return south to Oxford : and this order, in spite of lord Derby's earnest entreaty for but four days' delay, that something might be attempted upon Manchester, was obeyed, and the little army separated, leaving his lordship to make good his retreat to Lathom in the best way he was able.

Finding the two commanders no longer acted in concert, the rebels united their divisions, and assembled at Wigan, then newly garrisoned for the king, and under the command of major-general Blair; this place was easily taken and plundered, even to the church plate, which one Tildesley, a puritan, carried about hanging on his person, like the spoils of a pagan idol.

While the earl of Derby was ruminating upon these disasters, and engaged in fresh endeavours to retrieve his condition, he received another express from the king, that the rebels, favoured by a confederacy within, had formed a project for seizing the Isle

* See Vol. II. p. 22.

SUest Bnl)i) lunlirfti* 27

of Man, and that, without the most cautious and efficient measures, and the earl's own Huyton superintendence, it would be in danger of being lost. The king, moreover, thanked his ^^"^''' lordship for his good services in England, and desired him to hasten thither for the security of the island.

Upon the perusal of these despatches, his lordship was overcome with grief and vexation, and resolved, by the consent and advice of those friends who were with him at Lathom, to visit the queen at York. With this intention he quitted, for a time, the command of the army, and set out to represent to her majesty the imperious necessity of some speedy relief, and to communicate with her on the best measures to be adopted for the safety of the country.

The requisite assistance being granted, the queen, not thinking it proper or respectful to act contrary to the tenor of his majesty's wish, despatched his lordship back to Lathom, whence, after having made such arrangements as were absolutely required for the protec- tion of the countess and her children, then threatened with a siege, he took shipping, and, The earl

rCD3.irs

departing for the Isle of Man, with such attendants only as could most easily be spared, thither, landed there on the I5th of June, 1643.

His arrival at that critical period was, indeed, most fortunate, and secured the safety of the island ; for, had it been delayed but a few days, the enemy's measures had been so effectually taken, that it must have fallen an easy prey to rebellion and misrule, and would have afforded a very desirable and secure hold for the disaffected, and a convenient depot for those Scotch auxiliaries who were expected by sea from the north.

The presence of the earl soon succeeded in restoring the island to its usual quiet, and in calming the passions and healing the seditions of the people; and his judgment and discretion as quickly reconciled them to their duty to the king, to their obedience to himself, and to friendship with each other.

The siege of Lathom-house having now endured for more than four months, and the Siege of earl of Derby becoming greatly alarmed by the distress his wife and children had so long house, suffered, and being persuaded she would rather perish than give herself up to the mercy and disposal of the rebel commanders, hastened from the island, and, with all possible speed, besought his majesty for their relief.

The king, touched by lord Derby's feeling representation of his lady's sufferings, granted his request, and issued his commands that his highness prince Rupert, then about to march for the relief of York, should take Lancashire in his way, and afford such assistance as he might think requisite. The prince entered the county by Stockport- Arrival of bridge, and, coming in contact with a body of the parliamentary forces under colonel Rupert in Duckenfield, defeated them after a short resistance; and colonel Rigby, who commanded ^^"g** before Lathom, hearing of the prince's approach, and fearing the consequences, deter- mined on the 27th of May, 1644, to raise the siege, and retire with his men upon Bolton, where he was soon followed by his highness, who gave orders to storm the town ; but, finding himself greatly annoyed from the walls by the enemy's cannon, was obliged to retreat, with the loss of two hundred men.

A council-of-war was held, and the king's forces, being much irritated by the enemy's having cruelly murdered the prisoners taken in the assault, a second attack was deter-

D 2

28

i§(£(torp of ilamasil^ir^

Huytoii Parish.

Attack on Bolton.

Liverpool taken.

Fall of

Lathom-

house.

mined on. The earl of Derby, well knowing that, unless the town of Bolton were taken, Lathom, on the departure of his highness and the army under his command, would be again besieged, requested two companies of his own soldiers, then under the command of colonel Tyldesley, declaring he would either enter the town, or leave his body in the ditch.

The prince, unwilling to hazard an undertaking of so desperate a character, represented the probability of the complete failure of the assault ; he was induced, however, by the noble earl's importunity, to comply with his request, and, matters having been put in train, gave orders for the attack on all parts of the town where it was possible to effect an approach.

The next morning* lord Derby, with his handful of men, marched boldly up to the wall, and, after a quarter of an hour's hot dispute, succeeded in his endeavours, and was the first to enter the place ; and, being well supported by fresh supplies, carried the town, and put to the sword twelve hundred of the enemy, who were found within the garrison ; Rigby, with a few of his friends, having again previously effected his escape.

The prince, in admiration of so much bravery, and, as a reward for so seasonable a victory over the rebel army, despatched sir Richard Lane with the colours taken on this occasion from the enemy, to the countess of Derby at Lathom, as a testimony of her husband's gallantry, and his highness's most unqualified approbation.

From Bolton prince Rupert advanced to Liverpool, which, after a month's siege, was taken with great loss to the enemy in killed, wounded, and prisoners ; and from thence was induced to march by Lathom, in his way to York, and thereby afford relief to the countess at Lathom, whose residence had become very much shattered and demolished by the enemy's guns.

Having given orders for the repairs of the fortress, and the erection of some additional bastions and counterscarps, he committed the command of the place, at her ladyship's particular request, to captain Rosthorne, whom the prince advanced to the rank of colonel of foot ; and with whom he left two troops of horse, for additional defence.

These measures having been properly attended to, lord Derby again returned to his command in the Isle of Man on the 30th of July, joined by the countess and her family, at the prince's desire, in case of a farther attempt, on the part of the rebels, to reduce Lathom ; which indeed speedily happened, on the defeat of the king's forces at Marston Moor.

Lathom was taken, after various unsuccessful efforts to retain it, as well by defence as by honourable capitulation, and, being plundered of such valuables as were worth carrying away, the building was demolished, after having been garrisoned for the king's service, and defended against a series of vigorous assaults for upwards of two years, by the heroic and gallant conduct of a female, whose name will endure, as an incentive to loyalty in a good cause, while history remains to record it to the world.

See Vol. III. p. 58, 59, 60.

g i

y

The forces under the command of prince Rupert having been entirely defeated and iiuyton dispersed at the battle of Marston Moor, by the earl of Manchester, and his majesty himself being routed at the unfortunate action at Naseby, on the 14th of June, 1G45, and sent prisoner to Hurst castle, the earl despatched his eldest son, lord Strange, and his Treatment younger children, under a passport from sir Thomas Fairfax, to Liverpool, for the purpose girl's fa- of petitioning both houses of parliament for a restoration of part of their father's estates for ""'*• their support and education ; and the parliament, having considered the request, ordered that " one-fifth part of the estates of James earl of Derby be allowed for their main- tenance and support ; and that the manor of Knowsley, in the county of Lancaster, thereto belonging, be part of the said one-fifth part : and that no timber be felled upon the said earl's lands, but that the same be preserved according to the order of sequestration."*

Notwithstanding this order, however, his lordship's children were removed from Knowsley, and, at the instance of colonel Birch, then commander of Liverpool, committed to prison with their attendants, on the plea that their father still kept the Isle of Man against the parliament.

A complaint of their barbarous treatment was forwarded to sir Thomas Fairfax, the commander-in-chief, and was answered by Ireton, " that if his lordship would deliver that island to the parliament's commands, his children should not only be set at liberty, but that he himself might peaceably return to England, and enjoy one moiety of all his possessions." To which his lordship replied in the following terms : —

" Sir, — I received your letter with indignation, and with scorn I return you this answer, that I cannot but wonder whence you should gather any hopes from me, that I should, like you, prove traitorous to my sovereign, since you cannot be insensible of my former actings in his late majesty's service, from which principle of loyalty I am no way departed.

'* I scorn your proffers, I disdain your favours, I abhor your treasons ; and am so far from delivering this island to your advantage, that I will keep it to the utmost of my power to your destruction.

" Take this final answer, and forbear any farther solicitations ; for if you trouble me with any more messages upon this occasion, I will burn the paper, and hang the bearer.

" This is the immutable resolution, and shall be the undoubted practice, of him who accounts it his chiefest glory to be

" His Majesty's most loyal and obedient servant, " Castle Town, 12 July, 1649." " Derby."

The earl was now summoned by bis majesty king Charles II., who had succeeded to the crown on his father's death, to give him the meeting in Lancashire on his march to Worcester, with the full assurance that, not only his own party, but the presbytery them- selves, grown tired of the long-protracted system of tyranny and vexation, would join him in restoring order to his troubled kingdom.

Lord Derby, anxious to evince his duty and respect to his sovereign, and to serve the son with the same truth and sincerity which he had observed towards the father, hastened

* See Vol. II. p. 37.

30 i^isitorp of ilama5l;)ice»

Huyton over to England, and brought three hundred gentlemen, who were at that time with him

^"^ '' in the Isle of Man ; yet, although he had made all possible speed in joining the king, it

The earl's happened, on his arrival in Lancashire, that his majesty had marched through, three days

England, before, and had left major-general Massey with orders for his lordship's reception.

Chas'."ir Lord Derby joined the general at Warrington, and found him at the head of a number

of the presbyterian party, to whom his lordship communicated his arrival from the Isle of

Man, with the express intention of doing his utmost for his majesty's service j that the

king had assured him of their readiness to join him, and that he was now desirous to lead

them immediately into his majesty's presence. To this address one of the ministers, in

behalf of himself and his brethren, observed, " that he hoped, and so did all the gentlemen

' with him, that his lordship would put away the papists he had brought from the Isle of

Man, and that he himself would take the covenant: upon these conditions, they could have

no objection against putting themselves under his lordship's command and guidance."

His lordship replied, " that upon these terms he might long since have recovered his whole estate, and his late majesty his kingdom : that he came now not to dispute upon modes of faith, but to fight for his majesty's restoration ; that he would refuse none of any persuasion whatever that came to serve the king ; that he hoped they would give him the same freedom and latitude they wished for themselves, and that he felt well assured the friends he had brought with him were true to his majesty's person and interest."

In these observations his lordship was seconded by general Massey, but the whole party insisted peremptorily on their demands to have the papists disbanded, and his lord- ship's taking the covenant, without which they declined to unite. The earl perceiving it useless to press them any farther, took leave, with the resolution of joining his majesty with the few friends that remained; giving the covenanters to understand, that if the king's service suffered harm from their obstinacy, and another prince were sacrificed, his blood would lie at their doors, and they alone would be answerable for the slaughter of their countrymen, which they had now the power to prevent.

Lord Derby immediately issued his warrants for the mustering of all persons willing to take arms, and appointed Preston as his head- quarters; but, before he could possibly arm a sufficient number, colonel Lilburn, then at the head of a force of eighteen hundred dra- goons, and the militia of Lancashire and Cheshire, marched to oppose him; his lordship, however, in the mean time, had succeeded in equipping a body of about six hundred horse, and learning that the enemy had some intention of attacking him, resolved to anticipate their measures, and for that purpose set out for Wigan, with a view of there waiting for his antagonist, and of having a post to retire upon in case of a defeat.

In this calculation lord Derby found himself unhappily deceived, and was utterly defeated by the parliamentary general.* In the engagement the earl received seven shots upon his breastplate, and thirteen cuts on his beaver, which he wore over a cap of steel, and which was found after the action in Wigan Lane; besides five or six slight wounds about the arms and shoulders. Having got his wounds privately dressed, and having dis- guised himself, he set out about two o'clock in the morning, attended by only three servants,

* See Vol. II. p. 50.

isoner.

Wit^t Mtth^ ^xintivtti, 31

towards Worcester, where he arrived before the battle, and, though much fatigued and Huyto» exhausted, attended the king through the day with his usual gallantry and determination. ^'^"^^'

This engagement proved alike unsuccessful, and was lost on the 3d of September. The Defeat at king was conducted by the earl to the house of a friend, from whom he had received some ter"^^''* attentions, on his journey through the county on a former occasion; and, having adopted plans for his majesty's safety, lord Derby prepared for his return, accompanied by lord Prepares Lauderdale, and about forty attendants. Taking their route through the counties of into Lan- Chester and Lancaster, they had the misfortune to fall into the hands of a regiment of foot *^^* "^' and a troop of horse under the command of major Edge, who was marching towards Wor- cester. After some short dispute with the party, the earl and his companion made them- Taken selves known, and, upon condition of receiving honourable usage, submitted themselves ^' prisoners of war.

The capture of the earl of Derby was a subject of great congratulation to several of the parliamentary leaders : — Bradshaw, Rigby, and Birch, in consequence of some ill-treatment, supposed or real, which they thought they had received at his lordship's hands, assisted by sir Richard Hoghton, represented to Cromwell the impolicy of suffering such a man to be at large, now that he had fallen into their hands; and procured a commission to have him tried by a military court of inquiry, consisting of twelve sequestrators and com- mittee men, packed together by their own appointment.

During his lordship's confinement at Chester, he addressed the following letter to the countess : —

" My dear Heart,

" It hath been my sad hap, since I left you, not to have one line of comfort from you, which hath been most afflictive to me ; and this, and what I now further write you, must be a mass of many things in one.

" I will not stay long on particulars, but, in short, inform you that the king is dead, or narrowly escaped in disguise; whether, not yet known. All the nobles of the party killed or taken, save a few, and it matters not much where they be: the common soldiers are dispersed, some in prison, some sent to other nations, and none like to serve any more on the same score. I escaped a great danger at Wigan, but met with a worse at Worcester: being not so fortunate as to meet any that would kill me, and thereby have put me out of the reach of envy and malice. Lord Lauderdale and I having escaped, hired horses, and, falling into the enemy's hands, were not thought worth killing, but had quarter given us by one captain Edge, a Lancashire man, and one that was so civil to me, that I, and all that love me, are beholding to him.

" I thought myself happy in being sent prisoner to Chester, where I might have the comfort of seeing my two daughters, and to find means of sending to you ; but I fear my coming here may cost me dear, unless Almighty God, in whom I trust, will please to help me some other way; but what- soever come of me, I have peace in my own breast, and no discomfort at all, but the afflictive sense I have of your grief, and that of my poor children.

" Colonel Duckenfield, governor of this town, is going, according to his orders from the parlia- ment, general to the Isle of Man, where he will make known unto you his business.

" I have considered your condition, and ray own, and thereupon give you this advice.

" Take it not as from a prisoner, for, if I am never so close confined, my heart is my own, free

32 J^fetorp of Mnm^\)\tt*

Huyton Still as the best, and I scorn to be compelled to your prejudice, though by the severest tortures; I

Parish. \is^ye procured Baggerley, who was prisoner in this town, to come over to you with my letter ; I have

told him my reasons, and he will tell you them, which done, may save the spilling of blood in that

island, and, it may be, of some here dear to you; but of that take no care, neither treat at all, for

I perceive it will do you more hurt than good.

" Have a care, my dear soul, of yourself, and my dear children; as for those here, I will give them the best advice I can ; it is not with us as heretofore. My son, with his spouse, and my nephew Stanley, have come to see me ; of them all I will say nothing at this time, excepting that my son shews great affection, and is gone to London, with exceeding concern and passion for my good; he is changed much for the better, I thank God, and it would have been a greater comfort to me if I could have left him more, or if he had provided better for himself,

" The discourse I have had here of the Isle of Man has produced the inclosed, or at least such desires of mine, as I hope Baggerley will deliver to you upon oath to be mine; and truly, as matters go, it will be the best for you to make condition for yourself, children, and friends, in the manner as we have proposed, or as you can further agree with colonel Duckenfield, who, being so much a gentleman born, will, doubtless, for his own honour deal fairly with you.

" You know how much that place is my darling, but since it is God's will to dispose in the manner it is, of this nation and Ireland too, there is nothing further to be said of the Isle of Man, but to refer all to the will of God ; and to procure the best conditions you can for yourself, and our poor family and friends there, and those that came over with me; and so, trusting in the assistance and goodness of God, begin the world again, though near to winter, whose cold and piercing blasts are much more tolerable, than the malicious approaches of a poisoned serpent, or an inveterate or malign enemy; from whose power the Lord of heaven bless you, and preserve you; God Almighty comfort you and my poor children ; and the Son of God, whose blood was shed for our good, preserve your lives; that by the good-will and mercy of God, we may meet once more upon earth, and last in the kingdom of heaven, where we shall be for ever free from all rapine, plunder, and violence; and so I rest everlastingly, *' Your most faithful,

" September 10, 1651." " Derby."

By this time the court was formed, and the judges named for his lordship's trial at Chester; colonel Mackworth, vice-chamberlain of Chester, being president. — The charges having been read, his lordship addressed himself to the court in the following language : —

" Sir, — I understand myself to be convened before you, as well by a commission from your general, as by an act of parliament of the twelfth of August last.

" To the articles exhibited against me, I have given a full and ingenuous answer.

" What may present itself for my advantage, I have gained liberty to offer and urge by advice ; and I doubt not, but in a matter of law, the court will be to me instead of council in court.

" Sir, — First I shall observe to you the nature and general order of a court martial, and the laws and actions of it, as far as concerns my case, and then shall apply my plea to such orders.

" And therefore I conceive (under favour) that the laws of courts martial are, as the laws of nature and nations, equally binding all persons military, and to be observed inviolably.

" And there it is, if a judgment be given in one court martial, there is no appeal to any other court martial.

mit$t Beitp i^imtrittr* 33

" Of which law martial, the civil law gives a plentiful account, far above what the common law Huyton

doth. But because'it is one only point of martial law, which 1 am to insist upon for my life, I shall '_

name it, and debate the just right of it, as quarter for life, given by captain Edge, which I conceive to be a good bar to a trial for life by a council of war.

" That quarter was given me, if scrupled, I am ready to prove; and that it is pleadable, is above dispute.

" I shall only remove one objection, which is, that though this be a court martial, yet the special nature of it is directed by parliament.

" To this I answer, though the parliament directed the trial as it is, yet it is to be considered as a court martial, which cannot divest itself, nor is divested, of its own nature by any such direction.

" For to appoint a court martial to proceed by any other laws than a court martial can, is a repugnancy in natura rei.

" So as such a court martial retains its own proper laws and jurisdiction for the support of itself, so the pleas and liberties incident to it, cannot be denied the prisoner.

" That quarter, and such quarter as I had given me, is a good plea for life to a council of war, I shall not endeavour so much to evince by authors, that being the proper work of the learned in civil law ; but by such way as we call jus gentium, is proved by common practice and strong reasons.

" For the first I shall not need to bring foreign instances, being before you, whose experience hath made this thing familiar to you.

" And I believe you will agree with me, that I am not only the first peer, but the first man, tried by a court martial after quarter given; unless some matter, ex post facto, or subsequent to such quarter, brought them within the examination of such court martial.

" And (as I am informed) upon the great trial of the earl of Cambridge, lord Capell, the earl of Holland, and others, the plea of quarter being strongly urged, it was only avoided upon this ground, that it was no good plea against a civil jurisdiction.

" And though the lord Capell and lord Young's quarter seemed to have some advantage, as being given by the general, and by way of articles ; yet, the quarter given to the earl of Cambridge was given him by a particular captain, and that quarter (as quarter considered) as strong as the other; only both avoided by the civil jurisdiction, it being a rule in war, that quarter hath as much force, being given in action, as articles in a cessation, both irreversible by any military power.

*' And though it be a maxim in politics, that no general or soldier's concession shall prejudice the state interest, yet they shall be bars to their power.

" I confess I love the law of peace more than that of war ; yet, in this case, I must adhere to that of war.

" And I would only know whether quarter was given me for a benefit, or for a mischief; if for a benefit, I am now to have it made good ; if for a mischief, it destroys the faith of all men in arms.

*' And I have read this for a maxim in war, that promises made by kings, and state commanders, ought to be observed inviolably, or else there never will be any yielding.

" And I shall lay this before you, as a rule, that quarter given by the meanest soldier (if not forbidden) obliges as far as if the general had done it himself.

" It may be objected, then, that it may rest in the power of any private soldier, by giving quarter, to pardon treason.

" To this I say, I plead it not as an absolute pardon, but as a bar to a court martial ; and here I shall infer, farther, from conclusion of treasons.

VOL. IV. E

34 ?^i9itoip Of itamasbu^

Huyton " The profession of a soldier hath danger enough in it, and he need not to add any thing to it

"" to destroy the right of arms.

" I am before you as a court martial ; it may be, some or most of you have, in some action or other since the troubles began, received quarter for your lives; then would it not be hard measure, that any court martial should try you afterwards.

" If this quarter be foiled or nulled, all the treaties, articles, terms, or conclusions, since the war began, may be examinable by any subsequent court martial.

" Nay, more than this, the sword, the law of arms, all military interest, and your own safety, are judged and jeoparded, as well as mine.

" But I shall not multiply, presuming you will not judge by laws of war, in which capacity only you sit; and that your religion and common justice allow that plea, which is universally, even in all parts of the world, allowable.

" If you be dissatisfied, I pray (that as an essential to justice) I may have a doctor of the civil law assigned, or, at least, have liberty to produce their books of opinions ; and that, in the interim, you suspend your sentence.

"Touching levying of forces in the Isle of Man, and invading England, I might myself (and that truly) be a stranger to all the acts for treason, and, in particular, to the acts of the twelfth of August.

" And that the Isle of Man is not particularly named in any of the acts touching treason ; and, being not particularly named, those acts reach it not, nor bind those of that island.

" And, especially, that I was not in the Isle of Man when the last act was made, and the law looks not backward ; and while I was in England, I was under an unlikelihood, and even impossibility of knowing the new acts.

" And in martial law, ignorantia juris is a good plea, which I leave to judgment; having, as to the matter of fact, confessed, and submitted to the mercy of the parliament.

" I do, as to your military power, earnestly plead quarter, as a bar to your further trial of me ; and doubt not but you will deeply weigh a point so considerable both to your consciences and concernments, before you proceed to sentence, and admit my appeal to his excellency lord general Cromwell in this single point." «

Having heard this address and defence, without considering whether his plea against the power of the court martial, after quarter given by a field-officer, was valid or not, the court overruled the objection in arrest of judgment, and proceeded, at the instigation of Bradshaw and his confederates, to sum up in the following words: — "That he had traitorously borne arms for Charles Stuart against the parliament; that he was guilty of a breach of the act of parliament of the 12th of August, 1651, prohibiting all correspon- dence with the said Charles Stuart, or any of his party ; that he had fortified his house at Lathom against the parliament; and that he now held the Isle of Man against them. And, therefore, the court did adjudge the sentence of death against him, the said James, earl of Derby, and appointed his execution to be at Bolton, in the county of Lancaster, within four days."

The court had ordered the sentence to be put in force thus early, with a view to deprive the unfortunate nobleman of a chance of an appeal to the parliament ; but his son, the lord Strange, having sent relays of horses beforehand, rode post to London, in the course of the

day and night, and presented a petition, witli a copy of the plea, to Mr. speaker Lenthall, irnyton by whom it Avas read to the house.* ''"^

Cromwell and Bradshaw, however, had previously taken the necessary steps to prevent these measures from succeeding with the house; and, observing that a majority of the members were inclined to allow the earl's petition, just as the speaker was about to put the question, basely quitted the assembly with eight or nine of their confederates, and, with a cold-blooded calculation and indifference unknown in history, thus reduced the number under forty ; by which means the question was lost, and so much time suffered to elapse, as secured the execution of the sentence.

Lord Strange, finding all his efforts to save the life of his father rendered abortive, and that his murder was resolved on, with incredible speed returned to the earl before the hour of execution, and acquainted him with the cruel and sanguinary determination of his implacable enemies.

Immediately after the return of lord Strange, the earl his father was conducted to Bolton, where the sanguinary sentence passed upon him was executed in the manner already described. f

After his trial and condemnation, this illustrious victim of usurped power wrote two letters, one to his lady, and the other to his children with her, in the Isle of Man.

These letters, so expressive of tenderness, resignation, and the magnanimity arising from conscious integrity and true piety, will doubtless excite the sympathy of every generous reader; but the husband and father alone can fully appreciate the genuine pathos and melting sensibility of a kindred spirit, breathing its last wishes and prayers for beings so deservedly beloved.

" My dear Heart, «« Chester, October 13, 1651.

" I have heretofore sent you comfortable lines, but, alas, I have now no word of comfort ; saving to our last and best refuge, which is Almighty God, to whose will we must submit; and when we consider how he has disposed of these nations, and the government thereof, we have no more to do but to lay our hands upon our mouths, judging ourselves, and acknowledging our sins, joined with others, to have been the cause of these miseries, and to call on him with tears for mercy. The governor of this place, colonel Duckenfield, is general of the forces which are going now against the Isle of Man ; and however you might do for the present, in time it would be a grievous and trouble- some business to resist, especially those that at this hour command these nations. Wherefore my advice, notwithstanding my great affection to that place, is, that you would make conditions for yourself and children, and servants and people there, and such as came over with me, to the end you may go to some place of rest, where you may not be concerned in war ; and taking thought of your poor children, you may in some sort provide for them ; then prepare yourself to come to your friends above, in that blessed place where bliss is, and no mingling of opinions.

" I conjure you, my dearest heart, by all those graces which God hath given you, that you exercise your patience in this great and strange trial. If harm come to you, then I am dead indeed, and, until then, I shall live in you, who are truly the best part of myself. When there is no such

• See Vol. II. p. 51. t See Vol. III. p. 61,62.

E 2

36 W^toi'}) Of Xancas!f)ire»

Huytoa ^s I in being, then look upon yourself and my poor children ; then take comfort, and God will Parish. j^iggg y^^

" I acknowledge the great goodness of God to have given me such a wife as you : so great an honour to my family ; so excellent a companion to me ; so pious, so much of all that can be said of good, I must confess it impossible to say enough thereof. I ask God pardon, with all my soul, that I have not been enough thankful for so great a benefit ; and when I have done any thing at any time that might justly offend you, with joined hands I also ask your pardon.

" I have no more to say to you, at this time, than my prayers for the Almighty's blessing to you, my dear Mall, and Ned, and Billy. Amen, sweet Jesus !"

" Dear Mall, my Ned, and Billy, " Chester, October 13, 1651.

" I remember well how sad you were to part with me ; but now, I fear, your sorrow will be greatly increased, to be informed that you can never see me more in this world : but I charge you all to strive against too great a sorrow ; you are all of you of that temper that it would do you much harm ; and my desires and prayers to God are, that you may have a happy life ; let it be as holy a life as you can, and as little sinful as you can avoid or prevent.

** I can well now give you that counsel, having in myself at this time so great a sense of the vanities of my life, which fill my soul with sorrow ; yet, I rejoice to remember, that when I have blest God with pious devotion, it has been most delightful to my soul, and must be my eternal happiness.

" Love the archdeacon, he will give you good precepts. Obey your mother with cheerfulness, and grieve her not, for she is your example, your nurse, your counsellor, your all — under God 4 there never was, nor never can be, a more deserving person.

" I am called away, and this is the last time 1 shall write to you. The Lord my God bless you, and guard you from all evil ! So prays your father at this time, whose sorrow is inexorable to part with Mall, Neddy, and Billy. Remember ! — " Derby."

The character of the seventh earl of Derby is interesting to every admirer of courage, magnanimity, and generosity.

He was a man of undoubted learning and great capacity; and had attained a rare eloquence in the expression of his thoughts ; leaving us to admire how the christian and the politician could be so intimately blended together.

Lord Clarendon has accused him of haughtiness and inactivity. To be reserved and melancholy, in times of civil war, was no fault in lord Falkland ; and why should it be charged upon one as accomplished, and quite as brave and honest, as that lord, whom the chancellor has, at such length, eulogized. Inactivity is the most false charge that could have been devised against the earl of Derby ; and posterity will wonder how he could, for a single day, sustain the cause of Lancashire, when the king had taken the flower of his tenantry, and almost all his ammunition, and sent him, thus unprovided, not to oppose, as Clarendon affirms, persons of ignoble birth and mean fortunes, but a great portion of the ancient gentry, and the body of the yeomanry of the county.

The envy of courtiers precluded him from admission to the confidence of Charles, whose cool, reflecting, and suspicious disposition was not congenial with that of the frank,

bold, and manly peer; and the attachment of this nobleman to his sovereign must Huyton consequently have originated in an honourable and conscientious adherence to his oath of '_

allegiance, which was the prime motive for his endurance of neglect and misrepresentation without murmuring, and for undertaking a desperate cause at the hazard of confiscation and an ignominious death.

As a warrior, the earl of Derby was brave to rashness, and his gallantry cost him dear ; hence he seems to have been better qualified to act as a leader in some bold enter- prise which required promptitude and decision, than to take the command of an army in opposition to men of great military acquirements and long-tried experience, like Cromwell and Fairfax.

As a politician, the attachment of his friends in Lancashire, and the constant fidelity of the inhabitants of the Isle of Man, over whom he exercised the functions of a sovereign, afford lucid proof of his talents, and of an intimate knowledge of the human heart.

In person, lord Derby was rather below the common size, but of an athletic make : his countenance was one of those old Stanley faces which we love to look upon as they darken in their frames, and to associate with deeds of chivalry, as enduring as the history of that country with whose annals their names are so proudly connected.

The most remarkable feature, and in this he differs from the family, is the smallness of his forehead, which is rendered more remarkable by the straight combing of his lank brown hair : his eyes are sunk in his head, large, and of a clear brown, not sparkling, but full of grave and thoughtful expression : his nose is large, but not in the least degree acquiline : and the latest paintings represent his cheeks full and ruddy, without marks of age. He wore mustachios, but had not the tuft on the cliin usual in king Charles's days.

The whole face is a very remarkable one ; and while, in some portraits, you fancy him the possessor of that quiet and determined courage for which he has been so renowned, and of that serene and tranquil piety in which his whole life was passed ; by other artists he is given with such a dark and troubled expression of face, as would lead us almost to suppose that he was a prey to melancholy and religious fear.

In the earl of Derby's name the following works have been published : — " The History and Anti- quities of the Isle of Man ; with an Account of his many Troubles and Losses in the Civil Wars, and of his own proceedings there, during his residence in 1643." — " Declaration concerning his Resolu- tion to keep the Isle of Man for his Majesty." London, 1649, 4to. — " A Message to Charles the Second." Lond. 1649, 4to.—'< The Charge of High Treason." Lond. 1651 , 4to.—" The Trial." Lond. 1651, 4to.— and " His Speech on the Scaffold." Lond. 1651, 4to.

Croxteth Park, adjoining to llie parish of Huyton, on the west, is extra- parochial, and is generally included in the chapelry of West Derby, in the parish of Walton-on-the-Hill, but anciently it was an appurtenance of Knowsley, and belonged to Robert Fitz-Henry, tlie founder of Burscough, ancestor of the family of Lathom. \J In the perambulation of the forests of Lancashii-e, 12 Henry IH. the knightly jurors say, that " Croxstath was in defence after the coronation of Henry H. tlie king's

I'aiish

38 W^toi'V Of 3laiuas!f)i«*

Huyton grandfather, and it appertains to Knouselegh, belonging to the heirs of Robert Fitz- Henry, and ought to be disforested according to the tenor of the Charta de Foresta."* The heirs of the Lathoms were, as we have seen, the Stanleys, but Croxteth Park, as well as other woods and forests in this hundred, came into possession of Edmund, earl of Lancaster,! son of Henry III. who probably resumed possession of it after the perambulation. It remained in the crown until July 28, 1440, when Henry VI. by letters patent, which were confirmed in 1459, granted Croxteth to sir Richard Molyneux and his heirs; and by an original grant in the Duchy Office, bearing date 21 Edward IV. the herbage and agistment of Croxteth Park were given to Thomas Molyneux, esq. for an annual rent of £100.J This family has ever since retained possession.

With the exception of the hall, which is the principal seat of the family of Molyneux, earls of Sefton, there are not above six dwellings in the park, which contains about 846 statute acres. A branch of the little river Alt flows through the estate, within which is a stone quarry. The front of the hall was erected in 1 702, of brick with ornamental stone dressings, and a terrace in front ascended by a broad flight of steps. The back part of the hall, formerly of wood and plaster, was rebuilt with brick in 1805. The present earl is William-Philip Molyneux, bom 1772, and succeeded his father, Charles- William, on the 30th of December, 1794; married, January 1 , 1 792, Elizabeth, daughter of Augustus, fourth earl of Berkeley, vice-admiral of Connaught ; and has issue Charles- William, lord Molyneux. §

The parish of Huyton is almost exclusively agricultural : there are in the parish only three steam-engines, of the aggregate power of 80 liorses, and they are employed in the collieries. There are no navigable rivers nor any canals, but a much superior mode of transit is found in the Liverpool and Manchester railway, which passes Huyton-lane about a furlong below the village. The soil, for the most part, is a strongish loam, with the exception of about 200 acres of peat moss called " Knowsley Moss." There is in the parish an excellent slate quarry, situated to the E. S. E. of the village of Huyton ; in which township there is coal, as Avell as in the townships of Tarbock and Knowsley, the latter of which, being in the park, is not worked.

* Lansdowne MSS. Cod. 559, fo. 57.

+ Escaet. 25 Edw. I. n. 51. I Duchy Records, Originalia A. n. 14.

^ For the pedigree of this ancient family, see parish of Sefton.

Wit^t IBeitj) ?^untiretJ,

39

mi^ltoxu^on-^ti)t-^^iU ^arisi).

ITHIN the limits of the parish of Walton are comprised Waiton- several places, which, like Harrington in Toxteth Park, hhi ' have become suburbs, and almost iutegi'al parts, of '^"^ *' Liverpool: of this number are Edge Hill, Low Hill, Old Swan, West Derby, Everton, Kirkdale, and Bootle-cum-Linacre.

This parish is very irregular, one part of it, the Limits. township of Formby, being entirely disjoined by the intervention of the parish of Sefton. Tlie remaining portion is bounded on the west by the Mersey, on the south by the parishes of Liver- pool and Childwall, and on the east by Huyton and Prescot parishes. On the north, the parish of Sefton confines all the side, except a narrow strip of land, about three miles in length, which stretches between Halsall parish on the west, and Prescot parish on the east. The form of this parish, omitting Formby, is not unlike a mason's trowel with its handle. The longest part from Page Moss in West Derby to Simmons Wood, or from S.S.E. to N. is about eight miles, and the breadth from Edgehill to Linacre about five miles; or from Gill Moss in West Derby on the E. to Linacre on the W. the breadth is five miles. Tlie whole district contains about 22,195 statute acres, irrigated by the little but dangerous river Alt, and Prinu'ose brook, both tributary to the Mersey.

In the time of the Confessor, a Saxon named Winestan held Waletone, wliere Ancient

owners.

were two carucates of land and three bovates, worth eight shillings.* Soon after the Conquest, William, earl of Buton, Moreton, and Warren, gave to Walter, grand- father of Henry, son of Gilbert de Waleton, fourteen bovates of land, lying in Waleton, Wavertree and Neusum.f In the 1st year of his reign king John confirmed 6 bovates in Walton and 4 in Waudter (Wavertree) to Henry, son of Gilbert, son of Walter,:}: who, bearing the name of Henry de Waleton, paid £4 for confirmation of his title, and held the land by seijeanty of the wapentake,§ a tenure which descended to his successors, Hugh Fitz Gilbert held one bovate of Henry for a pound of pepper: the latter gave 20 acres in alms for the soul of Henry, father of king John, to the hospital of St, John of Chester, and three acres to the house of

•See Vol, I. p. 96-7. f TestadeNev.fo.371,401,403,409. Plac.deQuoWarr,20Ed.I.Rot.9cl.

I Rot, Chart. 1 Joh. m. 3. n. 15. § Rot. Cancell. 3 Joh m. 7.

Parisli.

40 W^tov^ ot %.nmn^i)ive*

Walton- Beikeveth. By a charter, dated 22d July, 2 Jolin, the king granted all his land in Hill '^ Waleton to Richard de Mida, son of Gilbert de Waleton •* and in 3 John Richard rendered an account unto the chancery of three marks for confirmation of the land, to be held of the king at fee farm for 60s. per annum. f In 5 Henry III. the sheriff was directed by wiit, dated Nov. 2, to give possession to Richard de Mida of the lands in Hales, Waleton, and Fornebi, which king John had granted to him in fee farm.J In the proceedings on a Quo Warranto, in 20 Edward I. many of these facts were proved by Richard de Waleton, who then held the 14 bovates of the king by the seijeanty of making executions of the king' writs, and attachments in the wapentakes of Derby and Makerfield, he being bailiff of the same in fee.§ John., son of John Biroun and Alesia his wife, at this time, claimed free warren in Waleton. || The service of Richard de Waleton for fourteen bovates of land was given to prince Edmund in 23 Edward I.^ In 33 Edward I. William de Waleton impleaded Robert Byroun and forty-six defendants for cutting down oak and other trees growing in Waleton, under the pretext that the townships of Waleton and Kyrkeby were united by a wood in which they had the privilege of husbote.** The manor of Walton was held in portions by the descendants of the original grantee. In the fifteenth century Roger Walton died without male issue, and his two daughters divided their inheritance between their husbands. Margaret, the eldest, married William Chorley, of Chorley, whose son and heir, William, was born 18 Edw. IV. Of this family and its melancholy fate, an account has been given in the history of Chorley .ft After the rebellion of 1715, their estate in this paiish, which was one- third of Walton, was sold by a decree in chancery to Abraham Crompton, whose descendant, Abraham Crompton, died at Skerton, in 1822, having sold most of the Walton property; his heirs still possess about eighty acres. Elizabeth, the second daugliter and coheiress of Roger Walton, conveyed Walton Hall, and the adjoining property, being another third of Walton, to Richard Cross, of Liverpool and Cross Hall. His descendant, John Crosse, held it in the 1 7 Charles I.J J This family ter- minated in a heiress, who married Roger Briers,§§ whose descendants, Roger and Lawrence his son, sold Walton Hall and estate, in 1746, to J. Atlierton, esq. from

* Rot. Chart. 2 Joh. P. I. m. 26. n. 125.

t Ric de Mida redd comp de iii. m ^ linda ?ra de Waleton c ptin suis ipi 7 hedib3 suis tenend de R 7 fiedib3 ss ad feed firm j) Ix. s p annu sic fl in RoT de finibus. In tftro \. m Et deb ii. m. — Rot. Cancell. 3 Joh. m. 7. Tit. Nova Oblata.

X Rot. Literar. Clausar. p. 447. § Placit. Coron. 20 Ed. I. Lane, apud Blount, Tenures, p. 63

II Placit. de Quo Warr. 20 Edw. I. f Nicholl's Leicest. Vol. I. p. ii. App. 23.

•• Placit. Trinit. 33 Edw. I. +t See Vol. III. p. 414, 415 note.

XX Duchy Records, Vol. XXIX. Inq. n. 6.

%% The family were living here in the fifteenth century; in 2 Edw. VI. a William Dowse disputed the title of Blanche Breres to a messuage and lands in Walton. — Duchy Rec. Vol. I. Placit. D. n. 4.

whose grandson, John Joseph, the late Thomas Leyland, mayor of Liverpool, hought Waiton- tlie property. Mr. Leyland died May 20, 1827, and was succeeded by his nephoAv Hiii Richard Bullen Leyland, esq. the present owner. '—

In the reign of Henry IV. Robert Fazakerley, of Fazakerley, acquired the third part of Walton, including Spellawe House, by his marriage witli Hellin, daughter and heiress of Robert Walton, of Walton. Tliis estate was held by the late colonel Fazakerley, but was purchased from liis family by James, earl of Derl)y. This portion comprises nearly 107 acres, and belongs to the present earl.

In the close rolls is a charter granted by Henry III. in his minority to Philip de charter. Orrebi, for a market on Tuesday every week at his manor of Walton, and a fair every year, to continue two days, on the eve and the day of St. Peter ad Vincula,'' !"^"j''',f' ;. until the king became of age; dated at Bruges, 2d July, 5 Henry III.* Philip de Orrebi was chief justice of Chester, and in 3 Henry III. paid a fine of 50 marks for the custody of Robert, son and heir of Turstan Banastre.

The church of Walton is ancient ; we find in Domesday that a priest had a Church. carucate of land in Boltelai, or Bootle, belonging to the church of Waletone.f The tithes of Everton and Walton, granted by Roger de Poictou to the abbey of Sees, were confirmed by king John.]; Soon afterwards W., prior of Lancaster, entered into a composition for the tithes of Waleton Avith Stephen de Waleton, then lord of the manor. § The vicarage of Walton was founded in 1326, and in 4 Edward III., by letters patent, the king confirmed to the abbot of St. Peter of Salop the church || of wliich the advowson was possessed by the family of Molyneux as early as 1470. In pleadings without date in the duchy office, but perhaps of the reign of Henry VIII. sir Edward Molyneux, parson of the churcli of Walton, prosecutes Thomas Baure for an illegal taking of the tithes of lambs, wool, mortuaries, and tithe fishing at Walton.^ The Molyneux family appear to have frequently made temporary grants of the advowson while it was in tlieir possession, but it was finally alienated in 1747 for £2500 to sir William Heathcote, of Hursley Lodge, co. Southampton, hart. In 1810, John Leigh, of Sand-hills, near Bootle, esq. who died 20th December, 1830, purchased the advowson for about £10,000, since Avhicli three of the new chapels in the parish have been erected and consecrated.

* D'n's RexTccss PK de Orrebi qtl Hat usq3 ad etate sua unu mjcai singlis septim p die Mart ap mafflii suii de Waletun ? qd fiat una feria usq3 ad etate sua singlis annis p duos dies ibid durafam soil I vigil B'i Pet' ad Vincla 1 ipo die Nisi jJdcm nUcat T: p'dca feria sint ^c"*. T; mandat est Vic Lancastr qd mTcat illud ei fire fac. T. H. T.c: ap Bruges ij die Jut. p eunde. — Rot. Claus. 5 Hen. III. Par. 1. m. 6. t See Vol. I. p. 98-9.

I Registr. S. Marise de Lane. MSS. fo. 1. § Regin. S. Mar. MS fo. 15.

II Rot. Pat. 4 Edw. III. P. 2, m. 14. IT Duchy Records, Placit. ND. Vol. V. n. 11. VOL. IV. F

42

lisitori? of %m\tn^\)m*

AVaiton- Tlie following list of the rectors and vicars of Walton is compiled from tlie epis-

on-the- , • .

Hill copal registers : —

Parish.

RECTORS AND VICARS OF WALTON-ON-THE-HILL.

DATE OF INSTITUTION.

May 12, 1506

Aug. 13, 1511

Aug. 4, 1543 Sept. G, 1557

March 24,8 Eliz. July 12, 1575 Dec. 2, 29 Eliz. Nov. 30, 34 Eliz.

May 9, 1621

Feb. 21, 1630

June 22, 1639

Dec. 17, 1660

Nov. 9, 1671

April 10, 1690

Aug. 1, 1720

April 6, 1722

Nov. 7, 1722

Aug. 26, 1757

Oct. 15, 1768

April 13, 1780

Nov. 14, 1788

Feb. 8, 1803

Sept. 5, 1816

RECTORS AND VICARS,

James Stanley Richard Dudley

Edm. Boulton, V. Ralph Radcliffe, V. Richard Gwent, R. Anth.Molinexe,R.t Anth. Molinexe,R.t Robert Halsall, V. Wm. Heskethe, V. Wm. Hayworth, R. Peter Hay, V. . . James Thornton Alex. Moleneux, R. Nevil Kaye, V. Thomas Leghe, R. . Andrew Clare, R. . John Keyword, R. Thomas Pawlett, R.

Rich. Richmond, R.

Thos. Marsden, V. Sylvester Rich- mond, V. Silvester Rich- mond, R. Thomas Brook, V.

Rich. Richmond, V.

Hen. Heathcote, R.

Myles Atkinson, V.

Hen. Heathcote, V.

Samuel Heathcote, present rector .

Thomas Moss, pre- sent vicar

ON WHOSE PRESEN- TATION.

Edward Dudley, by grant of Wm. Molenex, esq.

Sir William Mollyneux Sir Richard Molinexe .

Alexander MoUinex

The Queen.

Wm. Chaderton, bishop.

Alex. Moleneux ....

Peter Leghe

Richard Moleneux . . . The King, patron by lapse Dowager-countess of South

ampton. Silvester Richmond, M. D

patron for this turn

Rev. Rich. Richmond .

George earl of Cardigan

Silvester Richmond

Silv. Richmond, his father,

patron in full right as

rector of the rectory .

Thos. earl of Macclesfield,

patron for a term of years,

yet unexpired ....

Henry Heathcote

Henry Heathcote

Sir Wm. Heathcote, bait.

Samuel Heathcote . .

CAUSE OF VACANCY.

Resign, of Jas. Stanley."

Death of Edm. Boultone.

Death of Rich. Gwent. Death of Anth. Molinexe.

Death of Robert Halsail.

Death of Peter Hay. Death of Alex. Mollineux. Death of last incumbent. Death of Andrew Clare.

Death of Thomas Pawlett.

Death of Thomas Marsden.

Death of Sylvester Rich- mond.

Resignation of Silvester Richmond.

Death of Thomas Brook.

Death ofSilvester Richmond.

Death of Richard bishop of

Soda and Man.§ Cess, of Myles Atkinson. Death of Henry Heathcote.

Resign, of Hen. Heathcote.

* Elected bishop of Ely in 1506.

t Second son of sir Thomas Molyneux, of Haughton, by his second wife. Kimber I. 62. \ Perhaps son of sir Edmund, and nephew of Anthony, deceased.

§ Richard Richmond, of St. John's College, Cambridge, vicar of Walton-on-lhe-Hill, was elected to the sec of Man in 1773. Heijlyn, p. 139.

The parish church of Walton-on-thc-IIill, dedicated to St. Mary, is situated in Waiton-

' on-the-

the villaoe of Walton, on the verge of the great road from Liverpool to the north, Hiii

. . Parish.

on a gently rising gi'ound. The present structure consists of a tower, which serves

for a land-mark, a nave, side aisles or avenues beneath the galleries, chancel, vestry, and south entrance. The tower, which is strong but elegant, was raised in 1831-2; is adorned with crocketed pinnacles, open angular work, decorated windows, and a central cornice. The body of the church, the most ancient portion of the remaining fabric, was re-erected in 1 742, and is low and plain, with a sloping roof. The chancel, with spacious windows divided by indented chip-stones, is modern, having been rebuilt in 1810. In the interior, the roof is supported by plain beams. The building is of stone, and has the usual accompaniments of a country church. In the vestry window is a square of old stained glass, with the word " Patronus," and beneath is the crest of Molineux, on a cap of maintenance, a peacock's tail proper. Still lower is the achievement of Molineux, quartering Stanley, Holland, Harrington, Thwenge, Elliot, Sherborne, Haddock, Dutton, Worswick, Minshull, and Walton ; twelve coats in all. The original font, having been long desecrated as a seat at a public-house door, was removed a few years ago, and placed near the centre of the churchyard. It is of octagonal form, three feet in diameter, and its panels, projecting from each of its sides, are adorned with figures of flowers, and men on horseback, now much defaced.

On the north side of the altar hung against the wall is a brass plate, within a frame, with the figure of an ecclesiastic at full length in robes, with his hands clasped in prayer; some lines beneath shew that it belongs to the reign of Elizabeth, but they do not possess sufficient interest for transcrii)tion. Within a niche on the same side, and beneath an ornamented alcove, terminating in flower-work, pinnacles and carvings in miniature, is a figure of commerce with an anchor, and beneath is this inscription : —

" M. S. John Leigh, Esquire, Patron of this church, Born at Apton within Widnes in the county of Lancaster, the 20th day of December A.D. 1752. He died at Sandhills near Liverpool the 20th day of December 1830."

There are also other marbles commemorative of Edward Falkner, esq. of Faii-- field, Lancashire, born 12th of July, 1750, ob. 22d of July, 1825; high sherifi", a magistrate, deputy-lieutenant and receiver-general for Lancashire ; his wife, Bridget, daugliter of John Tarleton, of Liverpool, esq., ob. 7th of F'ebruary, 1819; and tlieir eldest son, Thomas T. Falkner, who died in July, 1820 : Thomas Leyland, of Walton Hall, esq., a magistrate, deputy-lieutenant, alderman of Liverpool, merchant, and banker, ob. 20th of May, 1827, aged 75.

F 2

44

l^isftorp of MmMnvt*

Walton-

on-the-

Hill

Parish.

The parish registers begin in 1586, but the return is imperfect until 1587, from which year until 1833 the following results are obtained : —

1587—1588 1600—1601 1700—1701 1800—1801

Baptisms . . 25 20 11 22 26 50 53 39.,

Marriages Burials

11....13.... 2.. ..10., 25 21 23 20..

.15. ...27. ...21., ,31 43 .. 124 .

..32 161 .

1832—1833 ..73. ...96 158.... 74 145 .. 267

The last census returned a population of 47,642 to this parish, including Toxteth Park, which alone was 24,067. Charities. The charities of Walton are exhibited in the summary of the Twentieth Report a p. 152. of the Parliamentary Commissioners.*

Walton.

Walton & Bootle.

Walton.

Fazaker- ley.

Formby.

Kirkby & Simmons- wood.

West Derby.

School. The papers of this ancient school being destroyed in the rebellion, the foundation is unknown. The property, consisting of two closes of land, lets for £40, and there is a stock of £131. The school is open to all the boys in the parish. 1757. Johnson's Charity. To the poor a rent charge of .:.... £1 1696. Fazakerley's Charity. The rents of land, distributed in the following manner: — in bread, £2. 12s. ; to the vicar, churchwardens, and tenants, £1. 13s. 6d. ; and to each of the townships of Walton, Fazakerley, and West Derby, £10. 4s. 6d. Total per annum , . £35. 1601. Berry's Charity. Rent charge of 54s. for bread. The property (in London) having increased in value, yields per annum . . . . . . . , £4. 10s.

Tarleton's Charity. £50 to the poor of Liverpool and Walton ; the share of the latter per annum is ........ 12s. 6d.

School. The house was the gift of Samuel Turner in 1725, but in consequence of loss by bankruptcy, the school stock of £100 was reduced to £58. 2s. 2d,, of which the interest, with £1 rent of land, is available for the salary of a schoolmistress , . . £3. 2s.

School. In 1703 Richard Marsh bequeathed £400, with which lands were purchased, and produced in 1828 a rent of ...... . £34.

1732. Sharrock's Charity. Interest of £52 for bread .... £2. 12s.

1749. Sutton and Williamson's Charities. Two sums of £10 each to be put to interest for the poor. Sutton's Charity is not regularly paid, but in behalf of the other a sum is dis- tributed of ........ . 10s.

Charities of Marsh and others. The interest (£3, 18s.) of several sums of money in an old township book, is paid out of the poors' rates, and £3, the interest of Marsh's Charity, by the corporation of Liverpool . . . . . . • £6. 18.

School. The master receives £8 from the

Billinge Charity. On an old table, " the moiety of a yearly rent from Nehemiah Cowley's freehold estate in Billinge left to the school, poor, &c." In expenses 10s; to the poor £1. 10s.; and to the schoolmaster £8. ....... £10.

Several small benefactions to the poor amount yearly to . . . £3. 10s.

Free School, foundation unknown. The income from rents amounts to £36. 3s. 3d.

In 1672 Dwerrihouse left in rent for bread £2. 14s. ; in 1678 Wood 17s. 4d. ; and in 1689, Mercer £3 per annum. This has been revoked. Yield annually . . £3. lis. 4d.

1698. Aspe's Charity. Rents of lands given alternately to Kirkby and West Derby for binding WaUon apprentices ......... £35. ""■/,'>«-

Hill

1699. Gleast's Charity. A rent charge, &c. ; £32 carried to the account of Aspe's Charity. Parish. 1780. Smarley's Charity. The interest of £60 for bibles and prayer-books.

The parish of Walton contains nine Episcopal chapels, of which five are in the township of West Derby, two Catholic chapels, and two Dissenters' chapels, one Wesleyan Methodist, and one Independent chapel. The most ancient chapels are Formby, Kirkby, and West Derby. Besides the ancient chapel at West Derby, there are, St. Jiide's, Low Hill ; St. Mary's, Edge Hill ; St. Ann's, the Old Swan chapel ; and Knotty Ash chapel ; St. George's, Everton ; and St. Mary's, Bootle-cum- Linacre. The two Catholic chapels are in West Derby and Formby : and the two Dissenters, the Wesleyan Methodist, or Brunswick chapel, Low Hill, West Derby ; and the Independent chapel, at Kirkdale.

Walton Hall, existing in 1300, at a short distance from the church, is apparently a modem house, and is now occupied by Mrs. Leyland. Spellawe House, now modernized, was the residence of a family of this name in the reign of EdAvard III. Newsham House [the Neusum of the reign of king John] is the property of Thomas Molineux, esq., by whom it was erected.

The ancient practice of lifting or heaving, in allusion to the resurrection of the Ancient Saviour, as described in Vol. HI. page 223, still prevails in this parish; and on Easter Monday groupes of rustics are seen running after the maids, and on the day following gTOupes of women running after the men, whom having caught, they take in their arms, and exalt them above their heads, for which service a small tribute is claimed before they are suffered to depart. In some "parts of England, but not in Lancashire, the exaltation is effected by the maids seizing the men and tossing them in a blanket.

The townships and chapelries of whicli Walton parish consist are nine in number : namely,

Bootle-cum-Linacre, T. Formby, C. Simonswood, T. Everton, C. Kirkby, C. Walton-on-the-Hill, T.

Fazakeriey, T. Kirkdale, T. West Derby, C.

The chapelry of West Derby, the largest township in the pai-ish, being seven west miles long and five broad, includes two of the principal suburbs of Liverpool. In ^^ ^' the Saxon era it was probably the capital of the hundred. A mound of earth, removed twenty years ago by Mr. Gascoign, lord of the manor, indicated by its name. Castle Hill, the site of the ancient castle, of which some notice has been taken in a preceding page. The wood of Derby is described in the Perambulation of the Forests in 12 Henry III., when it was exempted from being disforested. Its

46 i^is^tofi? of 2Lamasif;i«*

Maiton- bounds were, in the terms of the surveyors, from Bradistones in Hargunkar, through Hiu"^ the midst of Kar to Hassihurst, to the footpath leading from the wood of Longlegh, Parish^^ which extends from Derby into Kyrkeby, and so past Longlegh into Mikkylbrok to Blakbrok ; thence to Throunthornedalebrok to the plains and street. Here the men of Derby had right of common, herbage, and all things necessary in the said wood of Derby.* On 12 July, 50 Henry IH. the honor of Derby, with all the manors and lands, West Derby, Everton, Crosseby, and other places, f late belonging to Robert de Ferrers, one of the rebellious barons, Avere bestowed upon Edmund, earl of Lancaster. | Dying about Whitsuntide, 24 Edward I., the earl was found to haye held the manor and castle of West Derby, fifteen bovates of land, eight in Tliingwall, twenty-four in Eyerton, the manor of Liverpole, three parts of the town of Crosseby, lands and tenements at Gerstan, and the forest of Derby, with the wood of Cropthale and Symmondeswode.§ By letters patent 13 Edward H. the king- confirmed to Robert de Holland, in general tallage, the manor of Westderby juxta Leverpole,and other lands granted to him by Thomas, earl of Lancaster. || Henry, duke of Lancaster, by a deed dated at Preston 12 Feb. 2 an. Ducatus, 28 Edw. HL, granted to his servant John Barrett^ forty acres of land, with the appurtenances, wliich Thomas de Hale, and Mabilla his wife, held by gift of Thomas, the late earl. In 33 Edw. HL he granted the same Jolui Barrett a messuage and sixty acres of land in West Derby, with the turbary there, for the render of twenty shillings per annum.** When Henry de Bolingbroke, duke of Lancaster, became king, this and other manors reverted to the crown, and West Derby remained in the crown until the reign of Charles L In 4 Charles I. the king by letters patent granted to Edward Ditchfield, John Highlord, Humphrey Clarke, and Francis Mosse, citizens of London, and their heirs, the manor of West Derby, to be held in fee farm for ever. These citizens resold the manor by indenture, dated 20 June, 1G39, to James Lord Stanley and Strange, who, in 17 Charles I., appointed a court baron to be held here, for ^the said manor of West Derby, and the tosvns of Everton and Wavertree, Sir Ricliard Moleneux, bart. being- then steward. The Stanleys sold this and other manors to the Le Greys, who sold them to the late Isaac Green, esq. The heiress of Mr. Green married Bamber Gascoigne, of Childwall, esq., Avhose heiress conveyed the estates, by marriage, to the noble family of Salisbury .'ff

The chapel of West Derby is of unknown date, but probably existed in times anterior to tlie Reformation. Tlie date 1678 is found painted on a board under the north gallery : —

• Lansd. MSS. Cod. 559, fo. 57. t Rot. Chart. 36 Hen. III. m. 24.

I Large Regist. in Duchy Office. § Esc. 2'2 Edw. I. n. 51.

II Rot. Pari. 13 Edw. II. m. 14. U See Vol. I. p. 347. ** Rot. Pat. 33 Edw. III. P. 2. m. 21. ft See Childwall.

" James Woods, who departed this life Feb. 13, 1678, left by will 4 pennyloves, to be Walton-

distributed to y' poor of West Derby in y* chapell every Lord's day for ever, and 2 mi "

sliillings to y" schoole to be paid out of y*^ lands of George Woods in y"^ town." I'arish.

The chapel was repaired about 1G80, and rebuilt in 1793. St. Mary's Chapel, Edge-hill, was built in 1813; St. Jude's, Low-hill, was consecrated in 1832; St. Ann's, Old Swan, was consecrated in 1831. A Catholic chapel was erected in 1 829 - 30 at Gill Moss ; and Brunswick Chapel, belonging to the Wesleyan Methodists, built in 1817, completes the religious edifices at present existing in West Derby. An episcopal chapel was commenced in April, 1834.

West Derby abounds in gentlemen's seats, belonging to the merchants of Liverpool. The only house of early date in the township is inappropriately called New Hall, the residence, for many generations, of a branch of the Molineux family, who obtained Huyton, by a marriage with the Harringtons, and whose sole heiress conveyed the family estates by marriage to Thomas Seel, of Liverpool, esq., grandfather of Thomas Unsworth, esq., of Maghull, father of Thomas M. Unsworth. New Hall now belongs to Arthur Heywood, esq., banker, who purchased it from Mr. T. M. Unswortli.

In this township is the old court-house for the barony and manor of West Derby ; it is a plain, low, dark stone edifice, in which are frequently held courts leet for such portions of the hundred as are Avithout the baronies of Widnes, Warrington, and Newton, and the boroughs of Liverpool and Wigan. In addition to this court, a copyhold court for the township and manor of West Derby is also held there twice a year, at Whitsuntide and in October, to pass surrenders of property, to decide on and punish trespasses, and settle disputes between tenants.

EvERTON. — The early part of the history of this manor is similar to that of the Everton. other manors of the parish. Henry duke of Lancaster, in 33 Edward III., granted to John Barrett, and the heirs of his body, the town of Everton, with turbary, &c., and a messuage and six selions of land* in the town of Liverpool ; to render per annum for the said town £4, and for the messuage and selion of land 6s. 8d.t The issue of John Barrett having failed, the possessions conveyed by this grant returned to the crown. In 18 James I. the copyholders and others of West Derby surveyed the common of Everton, Avith a view to allotting it, but the tenants of Everton resisted, and proved in the Duchy Court that Everton was a distinct manor, on Avhich an order was issued prohibiting the proposed allotments. After the sale of West Derby, in 1629, a difference arose between the patentees and the tenants of Wavertree and Everton, whether the latter were a parcel and appendant to the manor of West Derby, and the council of the ducliy court having heard counsel on both sides, and examined records brought from the Tower of London, declared in * See Vol. I. p. 74. t Rot. Pat. supra.

48 M^tov^ ot 2Lamasijire»

Walton- 1632, that the same were several manors, and no part or members of the said manor "imi '^ of West Derby. The patentees, dissatisfied with this judgment, on 23d June, 1634, _!I!l!l_ brought a bill in chancery against the tenants, and amerced and distrained them for non-payment of their rents, and for not appearing and doing their services at the court of West Derby; and on Thursday, November 20, 1634, the court of the duchy issued an order, in which they state, that " whereas the said tenants of Wavertree and Everton are tenants to his majesty, and do not owe any suits or service to the lords of the manor of West Derby; — it is now ordered, that the steward and bailiff of the said manor of West Derby, upon notice of this order, shall forbear to impose, collect, or gather any fines or amerciaments of any of the said tenants and inha- bitants of Wavertree and Everton, for not appearing or doing their service at the said halmote courts, kept for the said manor of West Derby." Eventually the patentees, in 14 Charles I. purchased from the king the manors of Wavertree and Everton, and in 1639 sold them to James, lord Stanley and Strange. These manors are now in the tenure of the marquis of Salisbury, having passed through the Legays, Greens, and Gascoigns.

The vicinity of Everton to Liverpool has rendered it within the last half century a rich and elegant village. From the salubrity of the air, and the amenity of the situation, Everton has been denominated the Montpellier of Lancashire. During the siege of Liverpool prince Rupert resided here, in a low thatched house. An ancient fire-beacon stood here for many centuries, but it has now disappeared, and the site is occupied by St. George's church. This church, which is the only place of public worship in Everton, was built by subscription in 1814, at a cost of £11,500. Kirkdaie. KiRKDALE. Warin Bussol, baron of Penwortham, soon after the Conquest, gave

to one Norman three carucates of land in Kyrkedale, to hold by military service :* in 3 John, Godithe, Avife of Roger de Kiekdal, paid half a mark for a summons con- cerning her dower.l The Testa de Nevill' states, that Quenilda, daugliter of Roger, held the land given by Bussel to Norman.:}; After these early proprietors, occurs William, son of William de Walton, who, in the reign of Henry IIL held the tenth part of a knight's fee in Kyrkedale.§ Tlie family of More, or de la More, it appears from sir Edward More's MS. establislied themselves here in 1280, and built a seat • near Liverpool, called More Hall, which, with Bank Hall, in Kirkdaie, was in their possession for upwards of twenty generations. Bank Hall, situated near the sea, says Dr. Enfield, who wrote about 1772, " was a curious model of the ancient archi- tecture, such as prevailed about 500 years ago, and, doubtless, in those days was esteemed a very grand structure. The front of it was moated with water, over which was a passage by a bridge between two obelisks to the gateway, whereon was

* Testa de Nev. p. 403. t Rot. Cancell. 3 Joh. m. 7.

: Fo. 372, 396. § Ibid. fo. 396.

a tower, on wliicli were many shields of arms carved in stone; of wliich the most waiton- remarkable was that within the court, over the gate, being undoubtedly the achieve- Hiir ment of the founder, viz. : 1st. Ten trefoils, 4, 3, 2, 1. 2d. Three greyliounds J '_

current in pale. 3d. A buck's head caboshed, in front. 4th. A griphon rampant, crest, a more-cock volant. Date 1282. The great hall was a curious piece of anti- quity, much ornamented with carvings, busts, and shields. It had no ceiling, but was open to the roof, with various projections of the carved parts, from wliich trophies of war and military habiliments were formerly suspended. On a wall, between the court and garden, Avas a gi'and arrangement of all the armorial acquisitions of the family. The shields Avere carved on circular stones, elevated and placed at equal distances, like an embattlement. But this venerable pile has lately been demolished," a 1778. and will probably soon be forgotten."

Radulph de la More held lands in Brocton in the reign of king John,* but his connection with this family does not appear in the pedigree. Sir John de More, or de la More, lived at the old hall, called More Hall, in 20 Henry HI. Robert de Mora held the manor of Kirkdale in 5 Edward H.; a pardon, dated Westminster, 16th October, 17 Edw. H. was granted to Robert de la More as an adherent of the earl of Lancaster, for his participation in the death of Gaveston, and the insurrections occasioned by that event.t In 14 Edward III. he was a commissioner for assessing the 9ths in Liverpool, and in the ancient MS. Feodary is recorded as tenant of the manor of Kirkdale, with its appurtenances, 3 carucates of land, which he held of Alicia, daughter of the earl of Lincoln, of the lordship of Penwortham, by service of 4s. per annum for castle-guard of Lancaster castle, at the feast of the nativity of St. John the Baptist, and 3s. for sake-fee at the same term.

Sir Thomas de la More, who wrote the Life and Death of Edward II. and III., is frequently cited by Barnes, Stowe, Hollinshed, and other annalists, and was knighted 20 Edward III. Roger de More occurs 14 Edward III., and sir William de la More, of Bank-hall, near Liverpool, was created for his valour a knight-banneret by Edward the Black Prince, at the battle of Poictiers, 19 September, 1357. Sir Peter de la More, speaker of the House of Commons 50 Edward III., was com- mitted to Forthingham castle for life, at the suit of Alice Pearce, the king's mistress, Many of this distinguished family were mayors of Liverpool ; and John More, the last mayor of his race, vice-admiral of the Irish sea, was member of parliament for that borough in 1625 and 1649. He was committed to the tower of London on the 3d of June, 1626; in 1633 he was mayor of Liverpool; in 1640 he held the office of one of the commissioners for tlie county of Lancaster for the relief of His Majesty's army ; in 1 644 he was engaged in the siege of Lathom House ; and in the same * Testa de NeviU', fo. 411. t Pari. Writs, P. ii. n. 12. p. 67.

VOL. IV. G

Parisli.

50 M^tov^ ot ilanrasiftire.

M'aiton- year he was governor of Liverpool Avlien that town 'was besieged by prince Rupert.

Hill Amongst the signatures attached to the death-warrant of king Charles I. is that of

" John More ;" and on the restoration of the Stuarts, liis estates were excepted out of the general act of pardon passed on the 9th of June, 1660. By his wife, a daughter of Colonel Rigby, of Preston, he had sir Edward More, of Bank Hall, created a baronet 1st March, 1663, who married Dorothy, one of the three coheiresses of sir William Fenwick, of Meldon Hall, Northumberland, hart. His son, sir Cleave Moore, hart,, M. P. for Bamber, in Sussex, 1708, obtained an act of parliament to supply Liverpool with water in 1 709. Tliis gentleman resided at Bank Hall in May, 1711 ; but soon after that year, he sold his estates in Kirkdale, Bank Hall, Bootle, Linacre, lands in Liverpool, West Derby, &c. to the earl of Derby for £12,000; and died on the 2.3d of March, 1729-30.* Kirkdale and Bootle-cum- Linacre form one manor, for which a court-leet is held on behalf of the earl of Derby. The present house of this name is the homestead of a farmer, erected near the old site, which is now a garden.

The hundred prison for West Derby is situated in Kirkdale, and is the house of correction for such parts of the hundred as are without the exclusive jurisdiction of Liverpool and Wigan, It is a large well-built structure, within two miles of Liverpool, and was finished in 1821-2, at a total cost of £100,000. The walls enclose an area of five or six acres, and seven hundred and fifty prisoners can be conveniently secured. The court-house, facing southwards, and in front of the prison, has a stately portico of stone, leading to two courts, of which the larger is used for criminal proceedings, and the other for trials of civil actions. In addition to the quarter sessions, of which lord Skelmersdale is chairman, held for West Derby hundred, by adjournment of one week from Salford sessions, a petit session is held here on the second and fourth Friday of every month, at which the Rev. Jonathan Brooks, one of the rectors of Liverpool, presides. Here is a tread-mill which will employ one hundred persons, but the prisoners are chiefly engaged in weaving. Previous to the erection of this massive pile, delinquents were imprisoned partly in Liverpool gaol and partly in Preston house of correction.

The vicinity of Kirkdale to Liverpool has greatly and rapidly increased the value of land, on which two hundred houses have been erected within the last forty years. A cattle market was formerly held here, but it has recently been transferred to a more eligible site.

* The son of sir Cleave was Joseph Edmund Moore, bart., who had a son of the same name, whose only son, sir William More, bart., left an only daughter, Eliza, married in 1795 to Charles Browning, of Horton Lodge, Surrey, esq.

Four thanes, at the time of the domesday survey, held Boltelai as four manors.* Waiton-

on-the-

Afterwards this (hstrict belonged to Warin Bussel, who married his daughter to inu Roger Fitz-Richard, whose son, Richard Fitz-Roger, founder of Lytham, had four

daughters, one of whom was married to Roger Gernet ; another, Gotlitha, was married Booth, to Roger de Kirkdale ; another to Jurdan de Thornliall ; the fourth, Agnes, sirnamed de Clopwayt, appears to have been married to Thomas de Bethum. In the Testa de Neviir it is stated that Agnes de Clopwayt, in the king's donation, held two bovates of land in Blothelay, for nineteen pence and the moiety of one farthing, and of finding the sixth part of one judger.f Thomas de Bethmn holds tAvo carucates of land of the king in Botlefor 8s. 8d. in thanage with the daughter of Richard Fitz- Roger.J This manor belonged to the lords of Kirkdale ; William More held the manors of Kirkedale, Botill, and Eccleshill, 33 Henry VIII,§ John Moore in 18 Eliz.ll and William in 2 James I.^ From their descendants they were purchased by the Stanley family, as stated in Kirkdale.

Between Bootle and Linacre is an episcopal chai)el in the castellated style, dedi- cated to St. Mary, which was opened in July, 1826. At Bootle-cum-Linacrc are the works for supplying the town of Liverpool with water, from a spring which for- merly discharged itself into the sea at Bootle Bay, after turning a mill Avithin about half a mile from its source. This desirable stream suggested the project of bringing the water to Liverpool so early as the 8th of queen Anne, when sir Cleave More, the second baronet, then of More and Bank Halls, obtained a private act of parlia- ment for that purpose ; but this statute being found defective, another act was obtained in 1 799, after a lapse of about 90 years, and water has since been brought from Bootle to Liverpool. The natural level of the water at Bootle spring is as high as the top of the steps of St. Paul's church in Liverpool. Anciently there were paper works and flour mills at Bootle, but the latter were destroyed by fire about eighteen months ago.

Roger Fitz-Ramkel gave in alms to tlie hospital of Jerusalem one carucate of land in Linacre, according to the Testa de Nevill'.**

Fazakerley was long the residence of an ancient family of that name; Richard Fazaker Fazakerley, of Fazakerley, was living in the reign of Henry HL, and from him "' descended Roger, 18 Rich. H., whose son Robert, in the reign of Henry IV., married Hellin, daughter and heiress of Robert Walton, of Walton, and was grandfather of Roger, who married Elizabeth, daughter of Henry Blundell of Crosby, and had Nicholas, father of Roger, who married Elizabeth, daughter and coheiress of George Pemberton, 1.523, and had Robert Fazakerley, who held the manor of Walton, near

* See Vol. I. p. 98-9. t Testa de Nevill', p. 371.

: Ibid. p. 403. § Duchy Records, Vol. VIII. n. 10.

II Ibid. Vol. XII. n, 6. IT Ibid. Vol. XIX. n. 69. ** Fol. 403.

G 2

52 lisitori) of ^nmn^i)\vt.

Araiton- Liverpoole, and Fazakerley, 33 Elizabeth.* From him descended Henry Fazakerley,

on-the

Hill fatlier of counsellor Fazakerley, contemporary with sir Thomas Bootle, who had

^"'' '" John Hawarden Fazakerley, whose wife Anne was buried at Ormskirk. His son,

Samuel H. Fazakerley, was father of John Nicholas Fazakerley, M.P. for Lincoln.

Henry Gellibrand, of Gellibrand Hall, esq., on succeeding to the property, assumed

the name of Fazakerley, and now holds many estates in the township.

Fazakerley Old Hall, a venerable mansion, which was taken down in 1823, is said to have been sold by the Fazarkeleys to Isaac Adwen, esq., of Liverpool, from whom it was purchased by one of the Leylands ; and Richard Bullen Leyland, esq., nephew of the late Thomas Leyland, esq., of Walton Hall, is the present pro- prietor.

Kiikby. KiRKBY. — Robert de Rokeport, in the orthography of the Testa de Nevill',

Roger Gernet, and Thomas de Bethun, all allied to Warin Bussel of Penwortham, held the fifth part of a knight's fee in Kyrkeby.f Adam de Molynes, lord of Sefton, son of Vivian de Molans, in the reign of William H. married Annotta, sole daughter and heiress of Benedict, son of Roger Gernet, both of whom were chief foresters of Lancashire, and Kirkby has ever since remained in the family of Molineux of Sefton, who annually hold a court baron here.

The episcopal cliapel of Kirkby, a plain building, of which the registers com- mence in 1678, was rebuilt by brief dated 5 March, 1766, when £1043 and upwards were collected. Tlie old font is very antique, massive, and of sufficient depth to allow the immersion of tlie wliole body. Its base is decorated with two wreathed bands ; and on the sides are several rude figures, supposed to represent Adam and Eve, and the twelve apostles.

Simmons- SiMMONSwooD. — The jurors who perambulated the forests in 12 Henry III.,

say that Symmondeswode was enclosed after the coronation of Henry II., that it was an appurtenance of Kyrkeby, belonging to the heirs of Richard Fitz Roger, and ought to be disforested.^ The heiress of Fitz Roger married Gernet, from whom Simmonswood came to the Molineuxes. Sir Adam de Molineux, the forester of Lancashire in 1228, was one of the perambulators of the forests, and held Simmonswood of Edmund Crouchback, earl of Lancaster, whose descendant Thomas granted to sir Robert de Holland the manor, which was let to farm in the reign of Edward II.<§ Under Toxteth Park will be found some particulars in connexion with that ancient forest.

Formby. FoRMBY. — This towuship iu early times was held by different proprietors, as at

present. Quenilda de Kirkedale, wife of Richard Fitz Roger, held a carucate of

* Duchy Records, Vol. XV. Inq. n. 20. f Fo. 396.

: Lansd. MS. 559. fo. 57. § Duchy Rec. Red Repert. Bundle R. n. 30.

imt^t Mnhi) InmtJreb*

53

land in Forncby by the service of conducting the king's treasure to Blakehroc ;* Waiton- and Jurdan de ThornhuU, one of the Molineux family, held land of her for 2s. -with imi a daughter of Richard Fitz Roger, by gift of William, son of Norman,-!" to whom J^]^|^

Warin Bussel granted land in Kirkdale. In 3 John, Hugh de Morevill', perhaps an ancestor of the de la Mores, accounted for 100s. and three good palfreys, being then in the king's favour; but afterwards he was dispossessed. In 18 John a writ was dii-ected, dated 27 September, to the sheriff, directing liim to reinstate Hugh de Moretueu, who had signalised himself in the royal cause, under the earl of Chester, in those possessions of which he had been disseized at the commencement of the war.J In 5 John, Richard de Mida had a grant of two carucates in Forneby,§ and Henry de Walton, his kinsman, had charter of lands in Forneby and Waleton in in 11 Henry III.|| His descendant, Symon de Walton, gave his lands to Nicholas Blundell in 25 Edward I., when one part of Fornethby was held for 34s. 8d., and the other for 4s. 8d., of Edmund, the king's brother.^ This property has descended to Charless Blundell, of Ince Blundell, esq., who holds the manor conjointly with the Misses Formby. Tliese ladies are descendants of Thomas de Forneby and Alianora his wife, who were living in 46 Edw. III.** Ainsdale is a hamlet in this chapelry, belonging to the family of Blundell, whose ancestor, Osbert de Aynosdale, in the reign of Henry II. was appointed by John carl of Moreton to be his forester and reeve of Great Crosby. In 1 Jolni the donation Avas confirmed, and letters of protection were granted to his son Robert Fitz Osbert,'|"t who paid for them five marks two years afterwards,|| and who had half a carucate for being bailiflf of Crosby .i^^ The same land, worth 10s. per annum, was held by the same tenure, by sir Adam de Ainoldale his son.l||| This sir Adam was the father of sir Robert, who assumed the name of Blundell de Crosby, and was ancestor of Nicholas Blundell, who was required, on a quo warranto, to shew his title to have wreck of the sea in the manor of Aymilnesdale, whew he alleged that he and his ancestors had held the manor, with this privilege, from time immemorial. The court decided that he had acquired the manor from his father, and that Henry III. had given to the father of Nicholas the shipwreck of any ship which had been cast on that manor (quandam navem de quodam wrecco quod accidit in eodem manerio ;) but no other ancestor of Nicholas had taken wreck, and in his time no A^TCck had happened. The king was

* Testa de NeviU', fo. 372, 409.

X Rot. Literar. Clausar. p. 289.

II Rot. Chart. 11 Hen. III. m. 6. ** See Vol. III. p. 557.

XI Rot. Cancell. 3 Joli.m.7. III! Ibid. fo. 401.

t Ibid. fo. 403.

§ Rot. Chart. 5 Joh. m. 7.

IF Escaet. 25 Edw. I. n. 51.

ft Rot. Chart. 1 Joh. P. 1. m. 13.

§§ Testa de Nevill', fo. 403.

54 W^tov^ Of 2[anrassf)ire,

Walton- tliereforc adjudged to resume his seisin of wreck, and Nicholas to be amerced *

ou-the-

Hiii' From the exemplification of this judgment, in 21 Edward III. it appears that the

^^"^''' king granted the recovered privilege to his brother, Edmund, earl of Lancaster, in fee.f The manor remained in the family, and descended to the present owner, Charles Blundell, esq.

Raversmeals, another hamlet, was held with part of Aynonsdale by Nicholas and Sibylla de Hoghton, of Thomas, earl of Lancaster, and this property was in posses- sion of sir Richard Hoghton in the reign of Charles I. This place has lately suffered by the encroachment of the sand-hills; and there is now only a farm-house, Avith a rabbit warren, lying adjacent to the coast which bears the name.

The parochial chapel of Formby, built in 1746, and enlarged in 1830, contains a marble tablet in memory of the late Rev. Richard Formby, LL.B. of Formby Hall, incumbent of this place, and author of a volume of sermons, who died September 20, 1832. Formby Hall, north of the village, is an ancient stone mansion, with plaster- cast wings, built in the 1 5th century.

The parish of Walton-on-the-Hill is flat, and too near the sea to have flourishing- woods. There are no pursuits which will come under the denomination of manu- factures, but there are glass-works near the Old Swan, in West Derby, a brewery at Walton, and wind-mills for grinding corn in Kirkdale. In the other townships there is no commerce whatever. Till the year 1698, Liverpool was included in Walton parish; but in that year it was separated from the parent stock, though it was not rendered entirely independent, for the rectors of Liverpool still pay, when demanded, an acknowledgment to the rectors of Walton. Kirkdale, Everton, Edge Hill, and Low Hill, are included within the boundaries of the borough of Liverpool, by the act for the better representation of the people in parliament, called " The

»w. IV. Reform Act,"* and by the act for regulating the boundaries of boroughs, cities, and

i)W. IV. counties.''

* Placit. de Quo Warr. 20 Ed. I. apud Lane. Rot. 1. t Rot. Pat. 21 Edw. III. P. I. m. 6.

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55

^amf) of iLi\)etpooL

HIS town is situated in the Imndred of West Derby, Liverpool

, ,,., . Parish.

on the eastern bank of the river Mersey, in 53° 22' 30"

of n(irth latitude, and 2"^ 57' 0" of west longitude from situation. the meridian of Greenwich, at a distance of 36 miles W. of Manchester, and 205 miles N.W. of London. The township is 2,300 yards from E. to W, and 4,420 yards from N. to S. and 10,400 yards in circum- ference. It is bounded on the west by the river Mersey ; on the east by Low Hill and Everton ; on the north by the township of Kirkdale, and on tlie south by Toxteth park. The boundaries of the borough are defined by marks called mere-stones, within whicli its liberties are included. The whole extent forms an area of 2,202 acres; of whicli about 1000 acres belong to the corporation, and the rest to individuals. Numerous streets, lanes, and buildings are, however, pro- gressively multiplying beyond the corporate boundaries, and the stream of population may be said to have overflowed the banks of the jurisdiction.

Tlie early history of Liverpool, taken in the order of time, may be fitly compre- hended in centennial divisions. The name of this place has given rise to much discussion. The most ancient record in which it is mentioned, is the charter of Henry II. where it is called Lyrpul, or Litherpul, either of which seems to refute the fanciful derivation from the heraldic bird called the lever. All are agreed that the latter part of the name designates a jnillum, or pool of Avater; and Camden, who gives a Saxon derivation, explains only the termination.* But as this name Lyfevpole does not rest upon any Saxon authority, its correctness may be questioned. An ingenious derivation has been proposed, which will account for the more ancient orthography Litherpool; li^e pel, or the gentle lake, on which it is situated.f

Originally, this place was little more than a fisliing village, and its name is not to be found in the record taken by order of William the Conqueror, called Domesday

* " Ubi Litherpoole floret, Saxonice Lypeppole, vulgo Lirpoole, a diffusa paludis in modiim aqua, vt opinis est, nominatus." — Britan. p. 614. Edit. 8vo. 1590. t Gent. Mag. Vol. LXXXVII. P. ii. p. 508.

66 lisJtoii) Of %amn$\)ii't*

Liverpool Book. The absence from this record, of all notice of the place, can be explained

Parish.

only from its non-existence at that period. Mr. Bawdwen, in his translation of Esme- Domesday, has appropriated Esmedune, or Smedone, to Liverpool ; but tliis

fJune. . ,

adaptation is not remarkably felicitous ; for a place in Toxteth was denominated Smithden, from the reign of king John to that of Charles I. In the Close Roll of 5 Henry III. is a writ, directing the sheriff to inquire, by discreet and lawful men, what proportions various places bear in the county ; among the rest, the town of Shinthedun, which king John wasted by the hay of Toxtathe.* It is again found in the perambulation of the forests made in 12 Henry III., and confirmed 14 Edw. III. :| king John, say the jurors, placed Smethdoun near these bounds,' and gave Thyngwall away in exchange.]: It was called the Earl's Smetheden in the reign of Edward I., when it was held in alms of the officers of Edmund, earl of Lancaster, to whom then belonged the manor of " Liverpole," with the passage of the Mersey.§ Thomas, earl of Lancaster, in 1316 granted Toxteth and Smethedon to the monks of Whalley. The name Smithsn occurs in the reign of James I., when with Toxteth it belonged to sir Richard Molyneux; and in that of Charles I. it is called Smithden and Smithdon Moss.|| The name is now preserved in the appellation of Smeatham Lane in Yates's map, and " Smith-down" lane, in a map of the environs of Liver- pool taken in the year 1768. The lane so named passes from Edge Hill to Toxteth park, and partly through the park, in a direction on the east nearly north and south. These facts prove that there was a place, Avithin or adjoining the park, bearing the name of Smithden, both before and after Liverpool is mentioned in any record. The The buildings of Liverpool at the present day exhibit no remains of antiquity ;

this, however, is not because monuments of other times have never existed here, but because they have always been few in number, and of a character too frail to withstand the combined attacks of time and commerce. According to Camden, a castle was built here as early as the year 1076, by Roger of Poictiers, lord of the honour of Lan- caster. The castle, said to have been erected by Roger de Poictou, is probably the castle of West Derby, which was in existence in the reign of king John. To this monarch is ascribed the foundation of the castle of Liverpool, by the Mersey. Whatever may have been its origin, this castle was dismantled by order of parlia- ment in the year 1659, but it existed, in a dilapidated state, from that period till the year 1721, when it was razed to the ground, and gave place to St. George's church, which now stands upon the ancient site. Liverpool castle consisted of embattled

* Rot. Claus. 5 Hen. III. p. 474. t I^ot. Pat. 14 Edw. III. P. i. m. 36.

: Lansdowne MSS. Cod. 559, fo. 56. § Escaet. 25 Edw. I. n. 51.

II Duchy Records, Bundle No. XIV. indorsed " Lancastrise xvj*", Caroli," n. 10.

castle.

mit^t Mtvhv ^untrrelj* 57

walls, fortified to the south with three circular towers, and surrounded hy a deep Liverpool

and hroad ditch, over which was thrown a drawbridge to the north, and several

small houses were built on the walls for the accommodation of the garrison. The custody of the fortress, was for a succession of ages confined to the " noble and knightly" family of Molineux, whose chief seat at Sefton was given to Vivian de Molineux, by Roger of Poictiers, who held, as appears from Domesday book, all the land between the Ribble and the Mersey.*

The same baronial donator who bestowed the government of the castle upon Vi\dan de Molineux, gave the fishery of the Lancashire side of the Mersey to another of his favourites, the abbot of Shrewsbury, in the early part of the next century.f

A charter of Henry II., which does not appear among those furnished by the town- clerk to the municipal corporation commissioners,;]: is preserved in the hand-writing of the late Rev. Dr. Adam Clarke. This charter is dated on the 8th of October, in the 19th year of that king's reign, and declares, that the whole estuary of the Mersha shall be for ever a seaport, enjoying all the liberties that appertain to a seaport, and that the men of Lyrpul, which they call Litherpul, near Stokestede, on each side of the water, may come and return with their ships and merchandize freely and without obstruction.'^ Of so little note was this new seaport in the 3 John, that while the sheriff and his deputies return accounts of their receipts in Crossebi, Waleton, Wavertre, and other places in the neighbourhood, the name of Liverpool is not contained in the Chancery Roll. In 9 John, the king directed a charter, dated 28 August, to all his faithful subjects who had chosen to have burgages in the town of Lyrpul, and granted to them that they should have all the liberties and

* From a survey of Liverpool castle made in the reign of queen Elizabeth, and quoted in " Gregson's Fragments," it appears that the dimensions of that structure were within as follow : — East wall, 38 yards ; north wall, 36 yards ; west wall, 35 yards ; and south wall, 37 yards ; a ditch surrounded the whole east side, which at its outer extremity averaged about 78 yards : its boundary was Preeson's row on the west, the top of Pool lane and Castle ditch on the east, and Castle hey, now called Harrington street, on the north.

t Confirmed by letters patent, 4 Edw. III. Rot. P. 2. m, 14. : Report, Part IV. p. 2690.

§ A charter granted to the port of Liverpool by Hen. II. a. d. 1173.

Henricus Dei gratia Rex Anglie, Dux Normannie, Aquitanie & Comes Andegavie, omnibus baronibus, justiciariis & fidelibus suis salutem : — Sciatis quod totum jEstuarium de Mersha sit in perpetuum portum maris, cum omnibus libertatibus ad portum maris pertinentibus ; & quod homines de Lyrpul quondam vocant Litherpul, juxta Stokestede, ex utraque parte aque veneant et redeant navibus et mercandis, libere et sine obstructione.

Testibus, Domino Roberto Londinensi Episcopo, Roberto filio Ricardi, Thomseo Cancellario, Ricardo de Burgonovo & aliis.

Datum apud Westmonasterium octavo die Octobris, anno regni nostri XIX. VOL. IV. H

58

?^is:tori? of iLaucas^fn're,

Liverpool free customs in the town of Lyrpul, which any free borough upon the sea has in his

Parish. , , ^

land.

Corpora- tion seal.

The seal is of silver, and of an oval form, exhibiting a bird, Avliich holds in its bill a sprig with three leaves. Under its breast is a label, inscribed in the half Saxon, and half Longobardic' characters, introduced at the Conquest, with the

contracted name JOH'IS ^0||^|[3> signifying, by ellipsis of regno or dono, lo. the reign, or by the gift, of John. Near the label are a crescent and estoile, which are represented within a triangle upon the silver coins of king John. These insignia are found on the great seal of England in the early part of the reign of Richard I., who is said to have assumed the crescent after the crusades, with the allusive motto, " Plenior redibo."'|' The legend of the corporation seal is in the characters SIGILL. S. CONMVNE BORGESIV. D. LEVERP. This is probably the first instance of the change in the orthogi'aphy of the Saxon Lej^eppul to Leverpul ;t and those who are conversant in the commutations of similarly formed letters in early times, know how easily the ]> of the Saxons would give way to the Longo- bardic V. For some centuries afterwards, the town was as commonly called by its original name Litherpool as Liverpool. With respect to the bird, bearing, like that of the ark, the emblem of peace in its bill, it has unquestionably caused the creation of the heraldic Lever, as it might have done a bird called Lether, if the legend had cor- rectly expressed the name of the place.;j: Over the bird's tail are four roundles, which, without any sort of authority, or even plausibility, have been termed pellets, but ^\"hich may be plates or bezants. If either of the latter, they represent the medium

* Charter of K. John, 1207, on a small Parchment without seal.

" Joannes Dei gratia Rex Anglie, Dominus Hihernie, Dux Normanie, Aquitanie, Comes Ande- garie, Omnibus fidelibus suis qui burgagia apud villam de Lyrpul habere voluerint, Salutem:

" Sciatis quod concessimus omnibus fidelibus nostris qui burgagia apud Lyrpul ceperint, quod habeant omnes libertates et liberas consuetudines in villa de Lyrpul, quas aliquis liber burgus super mare habet in terra nostra.

" Et ideo vobis mandamus, quod secure et in pace nostra, illuc veniatis ad burgagia nostra reci- pienda ethospitanda; et in cujus rei testimonium, has literas nostras patentes vobis transmittimus. Teste Simone de Pateshill. Apud Winton vicessimo octo die August!, anno regni nostri nono,"

t Speed, p. 525.

I Camden's Lipeppul is given without authority, and is as much an after-thought as the Letherpul above.

§ No argument can be founded upon the rude drawings of this age ; the head of this bird seems to be the head of a dove ; but the eagle of Torbock has been mistaken for a dove, and recently for a green parrot. The eagle of the Stanley crest has the neck of a stork or a goose. In deriving the name of the town from an imaginary bird, which was unknown long after the town had a common seal, we have a remarkable instance of the v'^epov irpoTipov, or putting llie cart before the horse.

sect. 3.

Wit&t Berbp Snmtirelr, 59

of commerce ; bezants, the gold coin of Byzantium, had recently been made known Liverpool

\^ 3 r i s li

to western Europe by the crusaders, who placed them upon their shields, and thus

introduced a new armorial bearing.

It appears from Madox's History of the Exchequer," that the village or town X^^yi^]- (" villata" is the term) paid a toUage to Henry HI., in the lltli year of his reign, of eleven marks, seven shillings, and eight pennies. In the 13th Henry III. the king granted a charter, by svhich he constituted Leverpolle a free borough, with a gild merchant, and liberties of toll passage, stallage, and customs.* For this charter the king exacted a fine of ten marks ;| and though he grants all the liberties con- ferred by the preceding charters, he restrains strangers, from carrying on business in the town of Liverpool without the consent of the burgesses. At this period the knightly family of sir John de la More flourished in Liverpool, and occupied More Hall, or the Old Hall, in Oldhall-street ; their history is identified with their native town, of which they were the patrons and the benefactors, as were the family of the De la Poles some ages afterwards in the sister port of Hull, on the eastern side of the island.

* A copy of this charter is preserved in the Duchy Office Repertory, Bag B. n. 13 a. The fol- lowing is an ancient translation of it: — " Henry, by the grace of God, Kinge of England, & Lord of Ireland, &c. greeting. Know yee, that wee have granted, & by this our charter have confirmed, that pur towne of Leverpoole be a free borrow for ev', and that the burgesses of the s'd borow have gyld merchand w"i hanse, and other freedoms Si free customes to that gylde belonginge, and that none that is not of that gyld any merchandize in the aforesaid borow shall doe, except the good will of the burgesses. Wee have alsoe graunted to the said burgesses that they shall have soc & sac, and tolie, & them, & infangetheife, & that they bee free thorowe all our land, & by all the portes of the sea, of theolony, lastage, passage, pontage, & stallage, & that noe suite in the county & wappyntake they shall doe, if that they hold within thafforeseid burrough. Wee alsoe doe grant to the said ^burgesses & their heires, that what merchant soever shall take to the aforesaid burrough with his merchandize, of what place they shal bee, whether they bee strangers or other, that bee of our peace, or doe come by our lycense into our land, safely & peaceably to the aforesaid borow with their merchandize shall come & savely there shall tarry, & safely there after to goe, payinge theire accustomes that bee due. Wee forbid alsoe, lest any of the aforesaid burgesses injure, hurte, or greeve doe, uppon paine of forfaiture to us tenn pounds. Wherfore wee will & streightly commaund that the aforesaid towne of Leverpoole bee a free borow; & that the aforesaid burgesses, the aforesaid gyld merchand and hanse & other libertyes & free customes to the said gylde belonging have, & that they have all other free- domes & free customes, & free orders as is aforesaid. Theise being witnesse: Hub' de Burgo Justi- ciarius Anglie, Philipp of Almiho and others. Dated by the hand of the venerable father in God, R. Bishopp of Chichestre our Chancello'' att Merlebrigge the xxiiij"' day of March, in the xiij"' yeare of our raigne."

t Burgenses de Livrepol r c de x marcis pro habenda carta regis quod villa de Livrepol liber Burgus sit in perpetuum. Et quod habeant Gildam Mercatoriam cum alijs libertatibus in Carta ilia contentis. — Magn. Rot. Pip. 13 Hen. IH. Lane.

H 2

60 ^isitorp of itancagJbire*

Liverpool The privilege of free warren was granted in 36 Henry III. to William de Ferrers,

— '- — earl of Derby, and his heirs for ever, in the lordships, manors, and demesne lands of

of Liverpool, West Derby, Everton, Crosseby, Wavertre, Salford, and other places in Lancashire, as Avell as in the counties of Derby and Staflford;* and in the same year " the Tower" near the bottom of Water-street, of which the site is now covered

Tower. by Commercial warehouses, is supposed to have been erected. This edifice was doubtless built as a watch station for the Lancashire coast; and about the year 1360 it was the property of sir Thomas de Lathom, who presented it to sir John Stanley, knight, a famous warrior, who had married Isabella de Lathom, his only daughter.']' On the elevation of the duke of Lancaster to the throne of these realms, under the title of Henry IV., sir John Stanley was confirmed in his oflice of lord-lieutenant of Ireland, and obtained a license from the king in the year 1405 to fortify his house at Liverpool, which he had newly rebuilt, with embattled walls ; \ and this House or Tower, as it was called, served for ages as the occasional residence of the lords of Man, and as the civic mansion of that noble family, till, by the mutation of human afi'airs, it became first an assembly-room and then a jjrison ; and, in the year 1819, this only remaining vestige of other times in Liverpool, was taken down, and totally disappeared. The Tower, when in its pristine splendour, opened to the Mersey without the intervention of any other building, and occupied a site of about 3,700 square yards.

Beacon. The Bcacou at Everton was a fire-proof stone building, coeval with the Tower at

Liverpool, and is described more particularly in the parish of Walton, under the head Everton.

In tlie year 1272, a census was taken of the town, from which it appeared that it consisted of 168 houses, occupied, probably, by about 800 inhabitants. About 11 Edward I., Woodside Ferry, opposite to Liverpool, was first established, and yielded a revenue of forty shillings a year to Edmund, earl of Lancaster, the king's brother, then lord of the manor of Liverpool. Before this time the monks of the priory of Birkenhead solely exercised the privilege of conveying passengers across tlie Mersey, on the eastern bank of which they had houses of entertainment, " hospitia." In 20 Edward I. the bailiffs and commonalty of Lyverpol were sum- moned to answer to a writ of