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I. WILLIAM FLEMING, of Rydal, Esq. who, in 1695, on Sir John Lowther's being made a lord, was chosen to represent the county of Westmorland in

At the same time, Sir John Lowther of Whitehaven, writ to Sir Daniel by the same messenger as followeth :

SIR,

I cannot leave the country without returning you my acknowledgments for your great civilities to both me and my son at the assizes, and for the continued testimonies of your friendship upon all occasions; and if our whole family have not had of late the same advantages thereof that I have enjoyed, it is not unknown how great a trouble it has been to me, nor how often I have wished to be the happy instrument of restoring the good correspondence betwixt so near relations. This, Sir, not I alone, but the whole country, I find, and all good men, have equally desired, and I doubt not to see the wished success; since I can assure you, the same friendship that ever was on our side we do desire may be renewed, and continue as long as the families; which, by the freedom wherewith you were pleased to declare yourself to me at Carlisle upon this subject, is, I hope, what will be most welcome to you. The inclosed, from Sir John himself, will spare me the adding any more, and, I hope, bring you over whilst I stay, which will be till Monday next; and I pray bring your son with you, that the young men may fix their acquaintance. I am, Sir, Your most affectionate Kinsman, and humble Servant,

Lowther, Aug. 24,

1687,

JOHN LOWTHER.

These letters arriving late in the evening, and Sir Daniel's two sons being gone two days before to visit their sisters in Lancashire; and Sir Daniel thinking it necesaary to speak with Sir Christopher Musgrave, who was lately come into the country from London, and had writ to Sir Daniel to meet him at Carlisle the week following, he returned the following answers:

SIR,

Rydal, Aug. 24, 1687.

I thank you for your very obliging letter. which I have this evening received, and for your kind invitation unto Lowther; and I should now have waited upon you and Sir John Lowther according to your desires, had not my two sons, William and Daniel, been gone to Lancashire with my servants and horses. I do concur with you, that whatever misunderstanding was betwixt us, happened rather by mistake than for any thing else; for I ever had a friendship for yourself and family; and without taking any further notice of what is past, upon my part shall be performed the same mutual good offices as formerly. service unto my good lady and all my cousins.

I am, Sir,
Your very affectionate Kinsman,

My humble

and most humble Servant,

DANIEL FLEMING..

In answer to Sir John Lowther's, of Whitehaven, he writ as follows:

SIR,

Rydal, Aug. 24, 1687.

I have even now received yours, with one from Sir John Lowther, and I have made him such a return as I hope will be satisfactory unto you both. I am troubled that I cannot wait on you before you leave this coun→ try, and that my son is no better acquainted with my cousin Lowther. I shall ever acknowledge my great obligation unto you for your constant friendship, and for the many favours which I have received from you; and if I may be any way serviceable unto you here in the country, I hope you will favour me with your commands. My humble service unto yourself and my cousin, your son, heartily wishing you both a safe return unto London. My son William and his brother Daniel are now in Lancashire, which hinders me from telling you in person, that I am, Sir,

VOL. III.

X

Your very

affectionate Kinsman,
and most faithful Servant,

DANIEL FLEMING.

parliament, and again in 1698, 1702, 1705, and 1707. In 1705, he was created a Baronet, with remainder, for want of issue male of his body, to the issue male

In the mean time, Sir Daniel Fleming had an interview with Sir Christopher Musgrave, who had been displaced some time before from the office of lieutenant of the ordnance, for refusing, as it was said, to promise the king to give his vote for taking away the test and penal laws. About the same time, the king had removed the Earl of Derby from being lord-lieutenant of the county of Lancaster, and put into his place the Lord Molineux; and also removed the Earl of Thanet from being lord-lieutenant of the counties of Westmorland and Cumberland, and put in his place Lord Preston; and that the king's declaration for liberty of conscience might the more easily pass into a law, the council agreed on the three questions following:

1. If in case you shall be chosen knight of a shire, or burgess of a town, when the king shall think fit to call a parliament, whether will you be for taking off the penal laws?

2. Whether you will assist and contribute to the election of such members as shall be for taking off the penal laws and tests?

3. Whether you will support the king's declaration for liberty of conscience, by living friendly with those of all persuasions, as subjects of the same prince and good christians ought to do?

The several lords-lieutenants were ordered to desire the answers of all deputy-lieutenants, to each of the aforesaid questions in particular; but not meeting with the expected success, the following declaration was printed:

WHITEHALL, Dec. 11, 1687.

His Majesty having, by his gracious declaration of the 4th of April last, granted a liberty of conscience to all his subjects: and resolving not only to maintain the same, but to use his utmost endeavours that it may pass into a law, and become an established security to after ages, hath thought fit to renew the lists of the deputy-lieutenants and justices of the peace in the several counties, that those may be continued who shall be ready to contribute, what in them lies, towards the accomplishment of so good and necessary a work, and such others added to them, from whom his Majesty may reasonably expect the like concurrence and assist

ance.

The Lord Preston's occasions would not give him leave to make such haste into the country as many other lord-lieutenants did; but, in January following, he writ letters to every deputy-lieutenant and justice of the peace within the counties of Westmorland and Cumberland, as followeth :

SIR,

I desire you will meet me at Penrith upon Tuesday, the 24th of this month, about ten of the clock in the morning, having some matters to impart to you by his Majesty's command.

1 am, Sir,

Your humble Servant,

PRESTON.

To the letter sent to Sir Daniel Fleming, his lordship added this postscript:

I should be very glad to see you at Hutton, before the meeting at Penrith. I hope to be there on Thursday come se'nnight. My humble service to Mr. Fleming, and believe me to be, Sir,

Your most affectionate and humble Servant,

PRESTON.

Sir Daniel Fleming having not visited Lowther since Sir John Lowther and he were made friends, he thought it right to take Lowther in his way to Penrith, which he did on Jan. 21, being accompanied by his sons, William and Daniel, and his cousin John Brougham, where they were all kindly entertained, and where Sir John and Sir Daniel agreed on their answers to the aforesaid questions.

On the 23d, Sir Daniel Fleming went early to Hutton, and on the day following attended his lordship to Penrith, when they were met by Sir John Lowther in his coach and six, attended by most of the deputylieutenants and justices of the peace for Westmorland and Cumberland. After Lord Preston had acquaint

whereby it was ordered, that Ann Car, wife of John Fleming, should enjoy for her dower, lands in Claughton, in Lonsdale, and one tenement in Coningston and yearly during her life, one buck or doe out of Coningston park; and that John Fleming, son and heir of the said John, deceased, enjoy all the rest of his father's lands.

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13, John Fleming of Rydal, Esq. son and heir of John, married Joan*, daughter of Sir Hugh Lowther, of Lowther, Knt. by whom he had Hugh, his heir, and five daughters; 1, Agnes, wife of Richard Ducket, of Grayrigg, in Westmorland, Esq. 2, of Richard Kirby, of Kirby. in Lancashire, Esq. 3, Margaret, wife of Tho. Stanley, of Dale Garth, in Cumberland, Esq.; 4, married to William Bardsey, of Bardsey, in Lancashire, Esq. and 5,

Thwaites, of Thwaites, in Cumberland, Esq.

of

In 4 Hen. VIII. there was an award between Alexander Abbot, of Furness, of the one part, and this John Fleming, of the other part, made by Brian Tunstal, John Lowther, of Lowther, John. Lamplugh, of Lamplugh, and William Redmayne, of Thwysel-townes, Esqrs. which was, that they should each shew their writings to the next judge of assize, at Lancaster, who should determine, whether the said John Fleming held the manor Coningston, by knights service, and a certain rent of the said monastery; and also that the said Abbot should pay to the said John Fleming, for all such titles and tenant-rights as the said Abbot claims in Furness Fells, except Crag-house, the sum of forty pounds.

In 6 Hen. VIII, this John was escheator for the counties of Cumberland and Westmorland.

He died before 24 Hen. VIII. and was buried at Gresmere Church, in the burying-place belonging to the lords of Rydal, and was succeeded by his son, 14, Hugh Fleming, of Rydal, Esq. who married Joan, or Jane, one of the two sisters and coheiresses of Richard Hodleston, Esq. being also one of the daughters and coheiresses of Sir Richard Hodleston, of Millum Castle, in Cumberland, Knt. Margaret Hodleston, the other daughter, was wife of Lancelot Salkeld, of Whitehall, in the caid county, Esq. The said Sir Richard Hodleston, quartered the arms Millum, Boyvell, Fenwick, Stapleton, Faulconbridge, FitzAlan, Marltravers, Ingham, De la Pole, and Chaucer. All which arms, together with their estates which were not intailed upon the males of that family, came to

the said John Fleming, or any of his servants, to take any prisoners, that then the said lord to have the third and the third of thirds. And if it happyn that the said lord send for the said John, to come to him, and to ryde with him to London, or for any other matter, that then the said lord to pay for his costs, and to gyfe him bouchecourt (a), for him and his fellowship.

In witness hereof, ayther party to the partyes of these indentures, enterchangably hath set to their seals. Wretyn the day and the yere aforesaid.

(a) Meat and drink (from bouche, a mouth) scot free. For so in the French avoir bouche a court, to be in ordinary at court, and this extended as well to the court of noblemen, who were subjects, as to the king's

court.

* After his death she is called Janet: for the reconciling of which, it is to be observed, that according to Camden, in late years, some of the better and nicer sort, misliking Joane, have mollified the name into Jane; for Jane is never found in old records, and (as some will have it) not before the time of Hen. VIII. In 32 Eliz. it was agreed by the court of king's bench, that Jane and Joan, are the same. Janet, is a diminutive of Joan, as, little or pretty Joan.

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the said Hugh Fleming, and Lancelot Salkeld, in right of their wives, and descended upon their heirs; and the said arms have been ever since, quartered by the two families of Fleming and Salkeld.

In 33 Hen. VIII. he was made escheator for the counties of Westmorland and Cumberland, and died in 4 Phil. and Mary, being then an old man, and survived most of his children : he had four sons, I, Anthony ; 2, Thomas, who had two sons, Richard, who married heiress of Troughton-hall, by whom he had many children, who spread out into several branches, and John, who had issue Thomas, John, Richard, Roger, Jane, Margaret, Agnes, and Bridget, most of whom married and had children; 3, David, who was steward to Lord William Parr, Marquis of Northampton, and married - daughter of Sir John Lamplugh, by whom he had, 1, John, who had a son, Richard; 2, Thomas; 3, Henry; who had a son John ; 4, Eleanor ; 5, Nicholas, who had issue Robert, Thomas, and Ralph, 6, Robert, who had a son John; 7, David, who was one of Queen Elizabeth's falconers; 8, Adam. 4, Daniel, the fourth son, died without issue. The said Hugh had also a daughter Joan, the wife of Lancelot Lowther, of Sewborwens, in Newton Regney, in Cumberland, gentleman; and by their marriage articles, May 30, 29 Hen. VIII. it was stipulated, that each of the parties should pay for their own marriage apparel, that the meat and drink should be at the charge of the said Hugh, and also the licence; that the said Hugh should give to the said Lancelot and Joan, bedding and in seyghe; as shall stand with his worship to give; and that the portion should be 661. 13s. 4d. to be paid at the parish church of Lowther.

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15, Anthony Fleming, of Rydal, Esq. son and heir of Hugh, married first, daughter of Sir Geffrey Middleton, of Middleton-hall, Knt. by whom he had no issue; secondly, Elizabeth, daughter of William Hoton, of Hoton, in the forest, Esq. and by the marriage articles, May 28, 24 Hen. VIII. it was covenanted, that each party should buy their own wedding cloaths; and that the marriage should be in Hoton Church; and that the said William, should find meat, drink, and other things necessary for the marriage feast; that whereas the said Anthony and Elizabeth, were of cousinage in the fourth degree, a dispensation should be pursued and obtained for the same, at the equal charge of the said Hugh and William, that the whole estate should be intailed upon the issue of the said marriage; and that in consideration thereof, the said William should pay 1201. at several days; and if the said Elizabeth should die without issue, before any of the said days, respectively, so much was agreed not to be paid. By this lady he had one son, William. This Anthony Fleming, married, thirdly, Jane, daughter of John Rigmaden, of Weddicre, in the county of Lancaster, Esq. by whom he had Thomas and Charles.

16, William Fleming, of Rydal, Esq. after the decease of his father, and of Hugh Fleming, his grandfather, became heir to the whole estate.

In 3 Edw. VI. Gabriel Croft, parson of Gresmere, in consideration of the sum of 581. 11s. 5d. granted a lease of the rectory and tithes of Gresmere to Marian Bellengham, of Helsington, widow, for the term of ninety-seven years,

paying yearly to the parson there 181. 11s. 7d. which lease was confirmed by John Bishop, of Chester, as Ordinary, and by Alan Bellingham, of Helsington, Esq. son of the said Marian, as patron. For until the disabling statue of 13 Eliz. the incumbents of livings with the consent of patron, and ordinary, might grant such leases, and they were valid in law; but by the said statue, they are restrained, (although with such consent) from granting such leases for a longer term than twenty-one years, or three lives.

In 16 Eliz. the said Alan sold to this William Fleming, for the sum of 5001. his interest in the said lease, which had come to him as executor to his said mother deceased.

There had some little time before, been a suit between the said Alan and William, concerning the tithes of the demesne of Rydal, wherein the said William obtained a verdict for a prescription of 20s. a year, to be paid at Easter, or upon demand, for all manner of tithes for the said demesne; which verdict was exemplified under the great seal, S, Feb. 18 Eliz.

In the same year, the said William sold some tenements, at Lothrigg into freehold.

He married, first, Margaret, daughter of Sir John Lamplugh, of Lamplugh, Knt. by whom he had, I, Jane, wife of Richard Harrison, of Martindale, gentleman; 2, Margery, of Nicholas Curwen, of Clifton, in Cumberland, gentleman; 3, Elizabeth, of William Carter, of Broughton, in Lancashire, gentleman. He married secondly, Agnes, daughter of Robert Bindloss, of Borwick, in Lancashire, Esq. by whom he had nine children; 1, John; 2, Thomas, who died without issue; 3, William, who died without issue; he was a stout man, above six feet high, and was in the ship which first descried the Spanish Armada, in 1588, and therein behaved gallantly; 4, Daniel, whose son succeeded as heir in tail, after-failure of heirs male from his eldest brother, John; 5, Joseph, who died without issue; 6, Dorothy, wife of John Ambrose, of Lowick, in Lancashire, Esq.; 7, Mary, wife of John Senhouse, of Seascales-hall, in Cumberland, Esq.; 8, Grace, of Anthony Barwise, of Hyldekirk, in Cumberland, Esq.; 9, Eleanor, of Sir John Lowther, of Lowther, Knt. one of his Majesty's council, at York, for the northern parts; with whom her mother, being then a widow, gave 10001. for her portion.

17, John Fleming, of Rydal, Esq. son and heir of William, married first, Alice, daughter of Sir Francis Ducket, of Grayrigg, Knt. by whom he had no issue, her portion was 6661. 13s. 4d. Secondly, Bridget, daughter of Sir William Norris, of Speke, in Lancashire, Knt. by whom he had no issue. He married, thirdly, Dorothy, daughter of Sir Thomas Strickland, of Sizergh, K. B. by whom he had one son, William, and two daughters, 1, Bridget, wife of Sir John Crosland, of Haram-how, in the county of York, Knt.; 2, Agnes, of George Collingwood, of Elsington, in Northumberland, Esq.

In 4 James I. his mother Agnes, purchased the manor of Skirwith, and one-third of the manor of Brougham; with divers lands, in Skirwith, Owseby, Crosfell, Langwathby, and Gulgaith. And in the 8th year of the same king, she entailed the same upon her son, Daniel, and his issue, male.

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