laid down] two Tunnes of Wyn of Gascoigne, at Melton Ross;1 and at such a day reasonable as it schal lyke to the sayd Lord the Roos, the sayd Robert schal do brynge to the sayd place two fatte oxen and twelfe fatte shepe, to be dispended on a dyner to hem that there schal be. Atte the whiche daye the sayd Robert schal do come all the Knights, and Esquires, and Yeomen, that had leadynge of men on the forsayde Lovedaye and yn presence of the sayd Lord the Roos and all other that there schall been the foresayd Robert shall reherse the words that he said to our forsayd Liege Lorde the Kynge in the parlament before sayde and in especiall he schall say to the forsayde Lord the Roos 'My Lord the Roos, I know wele that ye be of such birth estate and myght that if ye lyked ye myght have comen to the forsayd Loveday in such array that I schoolde have been of no myghte to have mayd no party. But yet it lyked you to come in aisy wyse, having consideration to your degree; and of all that by sinistre information I havynge doute of harme of my body, in myne entent for salvation of myselfe, did assemble these persons that here been, and other mou brought, not for to dos harme nor offence to you my Lord the Roos, and that I schall here excuse me as yhe schall devyse. Zet, forasmyche I am a justice, that more than another common man schold have had me more discreitly and peesfully, I know wele that I have failled and offended yowe, my Lord the Roos, whereof I beseke of you grace and mercy, and offer you vc. [500] markes, to be paid at your will.'

"Item, it is ordeyned that this offer maed, the forsayd Lord the Roos schal say, That in reverence of the Kynge, that in this cas hath schewyd hym good and righteous lordshupp, he will nothing take of the forsayd Robert but the forsayd Wyn, Oxen, and Sheepe, for the Dyner of them that been ther present. And furthermore, the forsayd Lord the Roos, in presence of them that there been, openly forgevyn the forsayd Robert and all other that in the array abovesayd weir assembled at the Lovedaye, taken with the sayd Robert, all the offence and Trespase, except only iiii persons; that is to say, Richard Haunsard, Knyght, William Kelke, Roger Barnston, and Roger Kelke the sonne of the forsayd William ; the which iiii persons we ordeyneth that the same Robert shall brynge at the assygnement of the aforesayd Lord the Roos to his own Castell of Bever, in his presence, with that they also knowleche heir offence, and submitte hem to the seim Lord the Roos, praying him of grace and mercy; and thenne thys submission maed,

1 A place then belonging to Lord de Roos (or Ross) near Kettleby. See infra.

2 William Kelke was father-in-law, and Roger, brother-in-law, of Robert Tirwhit the Judge.

3 Belvoir, then, as now, pronounced Bever.

the same Lord the Roos schal so doon to hem that they shall tellen hem well paied with favor and grace."

General Lord de Ros is now premier baron of England. (See post.)

It is curious to find that so long after 13 Henry IV. as the time of James I. (very shortly after the Robert Tyrwhitt who possessed Kettleby in Elizabeth's reign had married Lady Bridget Manners, daughter of the fourth Earl of Rutland, then possessor of the Lincolnshire estates of Lord Roos), this old feud broke out again. Several lives are said to have been lost at Melton Roos,1 in a skirmish between the retainers of the Roos (or Rutland) family and the Tyrwhitts. The tradition runs, that James thereupon ordered a gallows to be erected at Melton Roos, to be kept up for ever by the Roos's, as owners of the property; declaring that all future offenders in like kind should be considered murderers, and hanged on it.

2

A gallows has, for time out of mind, existed about two miles north of Wrawby, in Melton parish, in a field called Gallows Close, adjoining the main turnpike road to Barton-on-Humber. Near it is a cover called "Gallows Cover." It has been several times repaired since 1825, by Lord Yarborough's tenant, Mr. Marmaduke Graburn, who occupies the farm. It is now about nine feet high,‚—a rude cross-beam, between two posts. Gough's conjecture (2nd ed. Gough's "Camden," p. 388), that the gallows was set up in memory of a fight at Melton Roos, temp. Henry IV., seems contrary to the whole tenor of the petition of Lord Roos in that reign, which discloses no fight, and also to the award set forth in the Parliamentary Roll. Again, the Tyrwhitts were the offending parties in that affair; whereas the gallows was erected on the Roos estate, now passed to Lord Yarborough, and the burden of repair was cast on the Roos's.

The adherents of the Roos and Tyrwhitt families had collected,

1 A place very near Kettleby and Wrawby.-West's 'Lincolnshire,' p. 199, cited in the Lincoln volume published by the Archæological Society in 1850, p. 95. The existing legend of this hamlet still asserts the spectral meeting of a knight of the Tyrwhitt family with a fair one of the house of Roos, at midnight, at a particular spot there within the ambit of the old castle.

Melton Ross by Yarborough, belonged to the Roos's by descent from Everard de Ros, who married Rose, one of the co-heiresses of Robert Lord Trusbut. Gough's Camden additions to Lincolnshire, vol. ii., p. 388. See the curious letter of Richard Calle, in "Paston Letters," p. 188, edition of 1849 (Bohn), 10th July, 1465.

2 Ut vidi 22nd June, 1853; Camden's 'Britannia,' vol. ii., p. 388, Gough's edit. ; 'Gentleman's Magazine,' A.D. 1799; Lincoln volume, above cited (Hunter's Memoir).

Where a criminal is hung in chains by order of a judge, a practice continued within the present century, after his body has wasted away, the chain and gibbet belong to the owner of the ground on which they are erected (Spark v. Spicer,) 1 Lord Raymond's Reports; Foster's Crown Law, p. 107.

under the pretext then common in the North, of a large hunting-party.1 Thus the softest ties proved unavailing to quench the smouldering feud about a petty right of "turf gravynge," i.e., turf or peat digging. A similar dispute between the late Sir Watkin Williams Wynn· of Wynnstay, in Denbighshire, and Richard Tyrwhitt, early in this century, will hereafter appear.

The Judge, Robert Tyrwhitt, appears to have been buried in the chancel of Bigby (or Beakeby) Church, near Kettleby, in a marble tomb, but without inscription."

His eldest son and heir, by Alice a daughter of Sir Roger Kelke, of Kelke, in Yorkshire, was

Sir William Tyrwhitt, of Kettleby, Knight and Bannerett, who was one of the "Equites pro corpore Regis," viz., a Knight of the King's body guard, in the first year of the reign of King Henry V. Serving in France with that King, he was at the battle of Agincourt, on the 25th October, 1415. The effigy of this gentleman has been copied. for the writer from an ancient MS. (Harl. MS., No. 4205), roughly "tricked" or sketched by some herald, and preserved in the British Museum (Harl. MS., No. 4205, fol. 29). It is entitled a "Collection of the Arms of the Sovereigns to Henry V. inclusive, and of the Bannaretts."

This Sir William Tyrwhitt married Constance, daughter of Sir Anselm St. Quintin, of Brandsburton, near Beverley, co. York, Knight. On 31st July, 1 Henry V. (A.D. 1412), he was appointed under the

1 A very similar skirmish occurred about the same period between the families of Holles of Haughton, co. Notts, and the Earl of Shrewsbury. About 120 men mustered for the Earl, and a great number for Sir John Holles, by the aid of Lord Sheffield his relation. Pudsey, Master of the Horse to the Earl, was killed by Orme, a servant of Sir John, who himself wounded Sir Gervase Markham. Yet no further notice of the transaction appears. See Collins's Historical Collections relative to the Noble Houses of Holles, Cavendish, Vere, and Ogle;' also Letters 195 and 235 in Bohn's edition of the 'Paston Letters,' edit. 1849; other instances in the "Lincoln. Volume," above cited..

2 See Harl. MS., No. 6829, written about 1620, entitled 'Gervas Holles's Church Notes.'

3 Monuments of the Kelkes, of as late a date as 1655, remain in Barnetby Church, co. Lincoln. As to Alice Kelke, by marriage Tyrwhitt, by indenture "betwinde the Prior of Elsham and Sir William Tyrwhitt," dated 5th August, 13 Hen. VI., (Lansd. MSS., 207a) Sir Wm. Tyrwhitt was to pay 10 shillings a-year for 4 obyts, one for "the Justice his fader," one for "Alice, wife of the justice, and moder of Sir William," and one for "Dame Constance, wife of sd. Sir Wm.," and the other for "John Tyrwhitt his broder."

4 Lansdown MSS. (Gervas Holles's Collection) 207 a.

5 See Harl. MS., No. 4205; Nicolas's 'Agincourt.' It is said that the office of a Judge entitled the holder to the rank of Bannerett, whose robes of state were those still worn by Judges. Two other William Tyrwhitts were at Agincourt, each with three archers. See Nicolas's' Agincourt.'

seal of the Duchy of Lancaster, Seneschal of various castles and parks in Lincolnshire, with a fee of £10, and in the 8th of that reign (A.D. 1420-1), five years after the battle of Agincourt, was appointed by the King to the Captaincy of Mantes, near Rouen, and of Montjoye, or Montreuel, St. Germain-on-Laye, and Poissy on the Seine, with the bailiwick of Mont Moullant, all near Paris.1 He afterwards founded the hospitals of Wrawby and Glandford Brigg, in Lincolnshire; also a chantry at the altar of the Trinity, in Beverley Minster, co. York, and the chantry and chapelry of Higham, Essex (see Appendix).

In 2nd Henry VI. (A.D. 1423), he was Knight of the Shire for the co. of Lincoln. He was Sheriff of Yorkshire, 14 Henry VI. (A.D, 1435),3 and was one of the "Milites pro personâ " or Knights of the body guard to that King. He died 29th Henry VI. (A.D. 1450), and appears to have been buried "in the walking between the quire and the church of the White Friars of London. He was succeeded by his eldest son, Adam Tyrwhitt, Esquire, of Ketilby (sometimes styled Sir Adam, Knt.). He married, 1st, Elizabeth, daughter of Ralph, second Lord Lumley; and 2ndly, his cousin, a daughter of Sir William. Newport, Knight, by Cecilia, his wife, daughter of Sir William Tyrwhitt. His heir, by Elizabeth Lumley, was,

5

Sir Robert Tyrwhitt, of Ketilby, Knight, who received a general pardon in 34 Henry VI., for all treasons and offences he might have committed, and died 36 Henry VI. (A.D. 1457-8), as appears by his Inquisitio post mortem, possessed of three manors in Yorkshire, and sixteen in Lincolnshire, with lands in Barton-on-Humber, besides divers manors, lands, advowsons, &c., in Notts, Essex, Sussex, and London.

1 18th Jan., 8 Henry V., "per ipsum Regem ad Castrum Rothemagi (Rouen)" Rotulus Normauniæ, Membrana 26, art. 5: De Constituendo Willielmum Tirwhit, militem, Capitaneum de Mountjon, St. Germain-en-Laye, and Poissy," &c.; 4th vol. Rymer's 'Fœdera,' A.D. 1419; Harl. MS., 92, A.D. 1419; Lansdown MSS., No. 20 7a (Gervas Holles's Collections); 2 H. T.'s MS., 164; Hollinshed, 3rd vol., p. 118 (4to edit., 1807), a Royal Proclamation 4 Rymer, dated Rouen, A.D. 1419, stated 'that all the wine in the country was bought up or consumed by the English soldiers," and is directed "Ballivo de Mante contra abusus in vino grossando."

2 Prynne's' Brevia Parliamentaria,' part iv., p. 119. Sir Richard Hansard was his brother Knight of the Shire' in that Parliament.

3 Fuller's "Worthies. Collier's 'Historical Dictionary.' London, 1688, vol. ii. This Sir William Tyrwhitt's sister Catherine married Sir John Griffith of Anne's Burton, co. York, and Wichnor, co. Stafford, who died 20th January, 1471. Sir William's sister, Maud Tyrwhitt, married Sir William Montresor, Knt., and his sister Cecilia, Sir John Newport, Knt. As to the office of miles pro personá, see Appendix.

See Harl. MSS., No. 1088.

5 Afterwards Abbess of Ipswich. See post.

6 Set out in Holles's Collections, Lansdown MSS., No. 207 a; 1 H. T. MS., No. 119.

He married Jane, daughter of Sir Richard Waterton, of Metheley, hodie, Medley, near Wakefield, co. York, Knight, and was succeeded by his eldest son (born 1456),

Sir William Tyrwhitt, of Ketilby, Knight and Bannerett. This gentleman was "armiger de corpore" to King Richard III., from whom he had by grant under Privy Seal, the office of Seneschal of the lordship of Caister [Caistor], co. Lincoln, for his life. The grant (3rd December, 2 Richard III., A.D. 1484), styles him "Dilectus serviens noster Willus Tyrwhitt unus armigerorum de corpore nostro," and recites his past services, and those which, during his life, he intends to afford to the king. It is also believed that he acquired from Richard III. “land and lordship" in Scotter, near Kirton-in-Lindsey, co. Lincoln, long preserved by his descendants (see post).

1

After the accession of King Henry VII., he attended the coronation of Elizabeth of York, and received a general pardon from that monarch, and for his distinguished valour at the battle of Stoke, near Newark, co. Notts, on 16th June, 1487, 2 Henry VII., was knighted; for similar conduct ten years after, at the field of Blackheath, in Kent, against the "Commons of Cornwall" (fought 17th June, 1497, 12 Henry VII.), he was advanced to the rank of Bannerett. Sir John St. John, Sir George Taylboys, Sir John Skipwith, and Sir Edward Stanhope were knighted on the same occasion.

This Sir Edward Stanhope was son of Thomas Stanhope, of Rampton, co. Notts, a gentleman of that ancient family, who in 4 Edward IV. (A.D. 1463), was retained by indenture to attend the King to his wars in France. By his wife, Mary Jerningham, of Somer Leyton, near Lowestoft, co. Suffolk, he had two sons: 1, John, ancestor of the Spencer-Stanhopes, of Canun, or Canon, now called Cannon Hall, co. York; and 2, the above Sir Edward, grantee of Shelford, co. Notts, 1 Lansdown MSS., 207 a, Holles's Collections.

2 Appendix to Heares Leland Collectania.

3 See MSS. preserved in library of Queen's College, Oxford, marked H. 22, presented by Sir John Williamson: also F. 17, 19, of Bibl. Cotton, Jul. Z., and Book 'Claude,' chap. III., ibid. Sir William's pardon is dated 13th July, 3 Hen. VII., Lansd. MSS., No. 207a. The honour of bannerat, at least as conferred by Kings in person on a 'stricken field,' seems to have died out in England with the warlike Plantagenets. In Elizabeth's reign, Sir Thomas Smith, in his work de Republicâ Anglum, describes the squaring of the Knightly pennon into a banner absafsso cuspide vexilli in formam signi' as giving the bearer's authority 'atque si barones ipsi forent;' adding 'sed exolevit ista fere per Angliam ordo.' See 3d Stephen's Commentaries, 1st Ed. 11.

4 Canan, Canun, or Canon Hall, "by Cawthorn," is so variously written in an ancient MS. vol. preserved there, containing many descents from the ancient Yorkshire families, with curious details of the Reresby's, and the death feuds between the Elands and Beaumonts, temp. Ed. II., circa. 1326. Canun hodic Cannon Hall seems to have then belonged to the Bosvilles.