Page:A Genealogical and Heraldic History of the Colonial Gentry Vol 1.djvu/238

 212 BURKE'S COLONIAL GENTRY. name, married a daughter of Sir Thomas Scargill, Knt., and was living A.D. 1109, 10th Hehry I. Sir Hercules is stated to have thus acquired the surname of Tyrwhitt : — Severely wounded in defending a bridge, single handed, against numerous assailants, at the moment he had succeeded in ibrcing them to retire, he fell exhausted amongst the flags and rushes of an adjoining swamp, while the attention of his party, who, in the interim had rallied, was fortunately directed to the spot where he lay by a flock of lapwings (or as called in some counties tyrwhits) screaming and hovering above, as is customary with those birds when disturbed in the vicinity of their nests. Camden, however, in liis Remains, derives the name from the place so called. The son of Sir Hercules, SiB Robert Tyrwhitt, was Lord of Tyrwhitt and Assancke, in Northumberland. He wedded a daughter of Sir John Wither- ington, and from this marriage descended, through a line of ^jrogenitors who allied with the Umfravilles, Lowthers, Harbottles, Ogles, Vauxes, of Gillesland, Nevilles, &c., Robert Tyrwhitt, grandson of Sir Oliver, who was grandson of Sir Hercules. This gentleman, who is described (Harl. MSS. 810) as " Robertus Tyrwhit arm. de Ketilby, com. Line, ac Tyrwhitt com. North- umbria," is mentioned in several of the MSS. sometimes as of Tyrwhitt and at others as of Ketilby. He m. Anne, daughter of William Wyciiffe, Esq. of WyclifEe (a sister or cousin of the celebrated John Wyciiffe, who was succeeded in the mastership of Balliol Col- lege, Oxford, by Thomas Tyrwhitt, a cadet of the family), and had two sons, I. Thoma?, of Tyrwhitt, who m. a daughter of Alan de Boisterick, and was ancestor of the Tyrwhitts, of Northumberland. II. William (Sib). The second son. Sir William Tyrwhitt, of Ketilby, in the county of Lincoln, is described in the Harleian MSS., No. 1550, as " Primarius Justicianus Anglise," but of Sir William's being invested with the chief-justiceship we liave no other authority. He in. the daughter and heiress of John G-rovale, Esq. of Harps- well, in Lincolnshire, and had (with a daughter, Cecilia, who wedded Sir William Newport, Knt., and became, after her husband's death, Abbess of Ipswich) a son and successor. Sib Robert Tyrwhitt, Knt., of Ketilby, who was one of the judges of the court of king's bench, in the reigns of Henry IV, V, and VI ; his patents, four in number, are dated 8th Henry IV, 1st Henry V, Ist Henry VI, and may be found in Calen- darium Patentium, Twrri Londinensi. He is named among the " Tireurs des Peticions " to Parliament either for England or Ijascony and Aquitaine, for every parlia- ment between 9ih Henby IV and 7th Heney VI. That the boldness of the feudal chief, however, strongly predominated in the character of this learned functionary over the meekness of the christian judge, appears too evident by the following curious extract from Cotton's records : — " 13 Henry IV, William Lord Rosse, of Famlake, complayneth against Robert Tirwhitt, one of the justices of the king's bench, for withholding from him the manor of Molton Rosse, in Lincoln- shire, and laying wait for the said Lord Rosse with the number of 500 men. Sir Robert Tirwhitt before the kynge confesseth his fault and craveth pardon, and offeringe to stand to by order of two lords of the kindred of the sayd Lord Rosse as they should choose, whereunto the kynge agreed, and the sayd Lord Rosse chose the archbishop of Canterbury and the Lord Grey, chamberlaine to the kynge, who made alonge award, leav- ing the right of common of pasture in Wragby, in com. Line, to the determination of Sir William Gascoigne, chief justice, and it was enjoigned to the said Sir Robert Tirwhitt that at a day certaine he shod repair at Molton Rosse 2 tunnesof Gascoigne wyne, 2 fatt oxen, and 12 fatt sheepes, and offer rej)aration. And that he should bring together all knights, esquires, and yeomen, that were of his own, and that they shod all confess their fault and crave pardon, and further offer to the sayd Lord Rosse 500 markes in money, and that the sayde Lorde Rosse should refuse the money, graunt him pardon, and take his dinner only." The whole of the proceedings in this matter, from their commencement by the petition of . William Lord Roos to the award of the arbitrators above mentioned, are recorded at great length in the rolls of Parliament, 13 Henry IV. The details are very curious, and throw much light on the manners of that day. The award is an object of particular interest to the philological antiquary, as being almost the earliest specimen, on record, of English as a written language. This feud between the families of Rosse (or Roos) and Tyrwhitt continued up to the time of James I who, on the occasion of several lives being lost on both sides in a casual rencontre during a hunting party, caused a gallows to be erected at Molton Rosse, near Belvoir, declaring that he would hang the first like offender on it. This gallows is said to be renewed from time to time, up to the present day, whenever it falls into decay. (Gough's Camden, vol. ii, p. 388 ; History of Lincolnshire, 1826 ; and Gent's Magazine, part I, A.D. 1799.) Sir Robert had issue, I. William (Sir), his heir. II. John, of Harpswell, who m. the daughter and heiress of Sir. . . RoUes- ton, Knt., and had four daughters, of whom Elizabeth espoused John Which- cote, of Whichcote, in Shropshire. I. Katherine, m. to Sir John Griffith, Knt. II. Maud, m. to Sir William de Mont- resor.