Whittington. (Plea of covenant.) John and Katherine remitted all right to Francis and his heirs, for which Francis gave them £300.1

The above quoted fine probably indicates that this manor had beeen mortgaged and was redeemed; at least it shows that it had returned into the hands of Francis Tunstall of Thurland Castle. That this property referred to the whole township of Newton with Docker seems certain when the area specified, 1640 customary acres, is considered; as that quantity is equal to 2656 statutory acres, while the whole area of this township is given as 1978 statutory acres, which leaves a balance of 678 statutory acres (or 418 customary acres) as the part of the lands in Whittington proper,

Now this Francis Tunstall had married Alice, daughter of Sir William Radcliffe, of Ordsall, knight; she is named in a Yorkshire fine as living in 1566-7 (see Yorks. Record Series). She only had a couple of daughters and died soon after that date, as Francis Tunstall married secondly Anne, daughter of Richard Bold, of Bold, in 10 Eliz. (see Dugdale's Visitation), 1567-8, by whom he had a son and heir Francis, born in 1569.

Francis Tunstall, the father, settled his estates in 1585, as shown by a fine levied at Lancaster on 16 August, 27 Eliz. [1585], wherein the plaintiffs are Richard Shirburne, knight, Richard Bold, esquire, Edward Standysshe, esquire, Edward Myddleton, esquire, Francis Tunstall of Awclyffe, esquire, and Francis Bolde, gent. The properties settled were the manors of Thursland, Newton, Docker, Overlecke, Netherlecke, Cansfield, Overboroughe, Netherboroughe, Whittington and Tunstall with appurtenances and various messuages etc.3 Here Newton and Docker are spoken of as separate manors; but there does

1 Pal. Lanc. Feet of Fines (Farrer MSS.), 18 Eliz., Bdle. 38, m. 86.

2 Vict. C. Hist. Lancs. viii., 241.

3 Pal. Lanc. Feet of Fines (Farrer MSS.), 27 Eliz., Bdle. 47, m. 53.

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not appear to be any record that they were separated, so that it may be easily a clerical error for Newton with Docker.

The death of Francis Tunstall, the father, is recorded in the Hornby Castle manor court rolls as being reported on 10 May, 1587, and his son and heir Francis is stated to be 18 years old.

Francis Tunstall the son obtained his inheritance in 1591. He married Elizabeth daughter of Richard Gascoigne of Sedbury, co. York, and began to sell off his Lancashire properties, having determined to move into Yorkshire.

Before 1596 he had sold land to Robert Bindloss, as appears from the Ing. p.m. on the latter, held 13 September 38 Eliz. [1596], wherein Robert Bindloss is stated to have died seised of a messuage and lands in Whittington and Docker, held of Francis Tunstall of Thurland as of his manor of Whittington by fealty and suit of court.1 On 18 July, 39 Eliz. [1597], there was a fine by which this Francis Tunstall sold to Christopher Bindloss two messuages, 12 cottages, I water-mill, 100 acres of land, 40 acres of meadow, 100 acres of pasture, 40 acres of wood, 100 acres of moor, 100 acres of turbary, 200 acres of furze and heath and common of pasture for all cattle in Argholme Storrs, Newton and Docker. There are many similar fines of sales of lands in Newton and Docker by Francis Tunstall, who appears to have sold off his manor into freeholds, and he finally sold Thurland Castle with the lands on the east side of the river Lune and £4 of rent in Newton and Docker on 19 August, 3 James I [1605], to George Pudsey and Robert Heysham, nominees of Nicholas Girlington.3

Thus the manor of Newton with Docker came to an end and no one claims any manor there at the present time.

1 From Brig. General North's transcripts.

2 Pal. Lanc. F. of F. (Farrer MSS.) 39 Eliz., Bdle. 58, m. 85.

STRAY NOTES.

A TALE OF LIVERPOOL Castle.-Mary widow of John Hesketh, Peregrine Tasburgh and Holcroft his wife, and Deborah widow of John Chandler were defendants in 1684 to a claim by Lyme and others. William Fazakerley of Liverpool, gentleman, aged 70, said that he lived in the Castle, and in 1681 Mrs. Tasburgh came to his wife, he being absent at the time, and desired to take a room there in which to store goods, part of John Hesketh's estate, in order to conceal them from creditors. His wife allowed her a room, and though deponent was annoyed when he learnt of the business, Mrs. Tasburgh would not remove the things. Katherine Fazakerley, his wife, aged 56, gave her account of the business. (Pal. of Lancaster Chancery Depositions, bdle. 109.)

AN UNFORTUNATE VOYAGE.—In the Chester Exchequer Court in 1743 Thomas Seel the elder, Thomas Seel the younger and James Croxton, merchants and owners of the Gambia Merchant, alleged that they had sent this ship on a voyage to the Gambia in July 1742 to purchase slaves and other goods," thence sail to Rappahannock in Virginia and sell the same, and load a cargo of tobacco for Liverpool. They provided a suitable cargo and gave clear instructions to Captain Cutler, the commander, and Richard Prenton, chief mate. The captain bought 138 fine, healthy slaves, but he died in the Westward voyage from the Gambia and the mate took command. He went, however, to Barbados instead of Virginia, and sold 98 slaves at £21 a head; some others he did not account for, and there were various losses for which the plaintiffs called on him to account. Some of the best sailors alleged that they had not contracted to go to Barbados and so left the ship on arriving there, and it had been hard to replace them. Prenton afterwards went to Virginia and took in a cargo of molasses. By his various breaches of orders a loss of £800 had been incurred. Prenton replied that after leaving the Gambia sickness broke out on board, and many of the slaves died; the ship's doctor died, and finally the captain died. He was himself too ill to take the captain's place and the ship was navigated by the second mate. The captain had decided on the change of destination, because he found there was a shortage of

provisions; Prenton, being ill at the time, had no voice in it, and was too ill to attend to anything till after the vessel's arrival at Barbados. He had acted for the best in the other matters complained of. (Chester Exchequer Bills, P.R.O., bdles. 131, 132.) That the action was brought in the Chester court shows that Prenton was a Cheshire man. The surname occurs at Parkgate and other places in Wirral.

OGLE OF ROBY.-Alexander Fetherston of Wallasie, clerk, married Katherine, one of the daughters of Henry Ogle of Roby, esq.; Leonor Ogle was another daughter. This was alleged in a Chancery petition in 1662. (Pal. of Lancaster Chancery Bills, 26, NO. 143.) Henry Ogle, who died about 1648, was seised of Roby Hall (alias Bury Hall) and in 1629 married Susanna Liepur of Westminster, who died about 1650. They had issue-James (d.s.p. c. 1650), Charles (d.s.p. c. 1655), Richard and Lodowick (both d. c. 1649), Susanna (who married John Plumpton, a Warrington attorney, defendant in the case), Leonor and Katherine (plaintiffs), The three daughters became coheirs. By his first wife Henry Ogle had a son and heir Cuthbert, and it was alleged that Plumpton was conspiring with him to oust the plaintiffs from their right under their mother's marriage settlement. For Fetherston, rector of Wallasey, see Trans. lxxi. 64.

GARSTANG VICARAGE.—In 1663 Isaac Ambrose, clerk, made a claim against Robert Ditchfield, clerk, Thomas and Robert Swarbrick. The vicarage was void from October 1662 (viz. by Ambrose's expulsion for nonconformity) until the following June, and had been put under sequestration on 1 March. Mr. Robert Lawe supplied the cure from January till June, when the defendant Ditchfield took possession. He offered plaintiff £70 to recompense him for the great charges he had incurred in repairing the vicarage house, on condition that he paid the ministers who had officiated during the vacancy, and gave up possession. This was refused and Ditchfield afterwards offered £90. William Swarbrick, parish clerk, aged 54, was one of the deponents. (Pal. of Lanc. Chancery Depositions, bdle. 68.)

In 1679 there was a further suit concerning the vicarage, arising out of a fear of prosecution for simony. The complainants then were Henry Patten, clerk (who had been presented in 1677 by the king by reason of simony or other cause"), and Silvester Richmond, who had just purchased, or was about to purchase, the advowson; the defendants were Sir Charles Anderton (recently

patron), Robert Hunter, clerk (presented by Richmond to the vicarage soon afterwards), and John Anderton. Seth Bushell, D.D., vicar of Preston (1663-1682), aged 55, deposed to Ditchfield's resignation of the vicarage and the presentation of Richard White; afterwards they altered their minds. Richard White, vicar of Chipping (1672-1692), aged 32, deposed as to his share in the business. Thomas Greene of Nateby, gentleman, aged 56, said that he had presented Ditchfield, having obtained the right from Francis Anderton (afterwards Sir Francis) at the instance of Thomas Ditchfield, brother of Robert the presentee; Thomas promised him £100. Edmund Hornby of Poulton, gentleman, aged 30, was another deponent. (Pal. of Lancaster Chancery Depositions, bdle. 99.)

A SCENE IN COURT.-In the MS. Docket Book of the Chester Fines and Recoveries (1603-52) at the Public Record Office, after the Session of October 9 Charles 1 (1633), another hand has added (f. 166) the following note:-" This session one James Williamson a prisoner convict when hee came to the barr to receive judgment threw a stone at the judges upon the bench for which he was indicted convicted and had judgment to have his right hand cutt off which was executed accordingly upon Friday in open court, and after he was condemn'd for the burglary and hanged at Boughton upon Saturday next after in the morning. His hand was fixt over the Castle gate at the entrance which I have often seene but now is gone 1687."

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'MINSTER" CHURCHES.-Mr. Stenton in his volume of Danelaw Charters (lxxiii, note) gives examples of the use of the word monasterium (minster) for an ordinary church, as when a tenement in Lincoln is described as situated "between the monasterium of All Saints and two public streets," and in general words of charters —in monasteriis, in molendinis, in mariscis etc. The reference is due to Professor Tait in his edition of the Chartulary of Chester Abbey (p. 291), in which the church of West Kirby is styled a monasterium. Altham church, near Whalley, is also called a monasterium in a charter of the time of Stephen, printed by Whitaker (Whalley, ii. 265). The New English Dictionary cites as an example of the old English use of minster " the inscription (dated 1056-66) on the church of Kirkdale in the North Riding, stating that Orm son of Gamel rebuilt St. Gregory's minster" when it lay in ruins (V.C.H. Yorks., N.R. i. 523).