Author Topic: Martha Rutter mother of Margaret Mallery of Kenilworth d. after 1686  (Read 256 times)

Offline jonwicken

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Martha Rutter mother of Margaret Mallery of Kenilworth d. after 1686
« on: Sunday 20 August 17 01:24 BST (UK) »
Thanks to an amazingly helpful reply to a previous posting here and the fact the Dioceses Of Lichfield and Coventry Wills are online at findmypast, I have been able to get back a bit further with my Warwickshire Mallory family.

I know know that my ancestor was John Mallory of Kenilworth who died and was buried there in 1679 and that his wife was named Margaret.

Now helpfully Margaret Mallery left a will dated 11 August 1686 and she was buried in Kenilworth on 19 November 1686.

In this will is the bit I need some help with:

'My will is that my executors shall pay a harriett that will become due unto Clement Throckmorton of Haseley Esq. at the Dowage of my Mother Martha Rutter'

The witnesses on the will are Richard Dorwood, Martha Rutter [her mark] and Samuel Prine.

Now I am confused by this item in her will relating to her mother for more than one reason.

Firstly, Margaret's son John is known from the birth of his first child in 1676 to have been born before c1655 and from his grave inscription in Leek Wootton was 66 when he died in 1714 so was actually born in c1647/8.

Margaret must therefore have been born before c1631 and if her mother Martha was still alive in 1686 she would herself have been born before c1615 so over 70. These are based on being sixteen years old at marriage so this Martha Rutter was presumably even older than that which kind of sets some alarm bells ringing as she was most likely nearing 80 or even over 80, but she still had a husband.

Secondly, why would Margaret have been paying money out to someone if her mother was widowed (presumably what dowage means), so was her mother married for a second time to someone called Rutter? And who was this Clement Throckmorton?

Thirdly, what on earth is a 'harriett'? It is presumably a sum of money but I have not heard of it before and a google of the term does not seem to help either.

I do know from the will of Margaret's son John that his cousin was Richard Dorwood so one of the witnesses to the will was presumably Margaret's nephew. A Richard Dorwood had a daughter named Martha baptised in 1703 in Kenilworth but I have not been able to establish a link to Martha Rutter.

Therefore if anyone has any suggestions on all the above I would really love to hear from you.

Thank you,
Jon

 


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Offline ..claire..

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Re: Martha Rutter mother of Margaret Mallery of Kenilworth d. after 1686
« Reply #1 on: Sunday 20 August 17 01:49 BST (UK) »
Hi

Wonder if the word 'Harriett' was HERIOT ?

Heriot:
A payment which a feudal lord could claim from the possessions of a dead serf or other tenant, essentially a death tax. There were various forms of heriot. Generally if a tenant died in battle, the heriot was forgiven

http://www.hemyockcastle.co.uk/feudal-fh.htm#h

claire
Luce, Tippett , Thomson, Dolling ~ Devon & Cornwall
Mocquard ~ London, France
Census info is Crown Copyright http://www.nationalarchives.gov.uk

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Offline ..claire..

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Re: Martha Rutter mother of Margaret Mallery of Kenilworth d. after 1686
« Reply #2 on: Sunday 20 August 17 01:57 BST (UK) »

Have you looked at other records on F M P for Clement Throckmorton ? I think his father was a knight - MP for Warwickshire, lived in Haseley. There must be some connection I'd say :)
Luce, Tippett , Thomson, Dolling ~ Devon & Cornwall
Mocquard ~ London, France
Census info is Crown Copyright http://www.nationalarchives.gov.uk

Offline jonwicken

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Re: Martha Rutter mother of Margaret Mallery of Kenilworth d. after 1686
« Reply #3 on: Sunday 20 August 17 01:59 BST (UK) »
Thanks, Claire.

That certainly would fit the bill wouldn't it? Thanks for the reply!

Just found it has its own wikipedia entry...

https://en.wikipedia.org/wiki/Heriot

Now need to try and unravel why this was being paid to Clement Throckmorton, who was presumably the 'feudal lord' in question...

Thanks again,
Jon

Offline jonwicken

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Re: Martha Rutter mother of Margaret Mallery of Kenilworth d. after 1686
« Reply #4 on: Sunday 20 August 17 02:00 BST (UK) »
I did a bit of a google of Clement Throckmorton, but there were a few of them.

I wanted to try and understand the wording in the will before I got in too deep!


Online jim1

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Re: Martha Rutter mother of Margaret Mallery of Kenilworth d. after 1686
« Reply #5 on: Sunday 20 August 17 11:17 BST (UK) »
The Throckmortons were a well known Warks./Worcs. family.
My understanding such as it is that Martha Rutter was willed leased land/property to her by her late husband which has in turn been willed to Margaret Mallory her daughter who is paying a due payment on that to the land owner Clement Throckmorton. Whether a sum of money or goods is almost impossible to say, however I have seen similar in another will where the payment was "2 fat hens".
Warks:Ashford;Cadby;Clarke;Clifford;Cooke Copage;Easthope;
Edmonds;Felton;Colledge;Lutwyche;Mander(s);May;Poole;Withers.
Staffs.Edmonds;Addison;Duffield;Webb;Fisher;Archer
Salop:Easthope,Eddowes,Hoorde,Oteley,Vernon,Talbot,De Neville.
Notts.Clarke;Redfearne;Treece.
Som.May;Perriman;Cox
India Kane;Felton;Cadby
London.Haysom.
Lancs.Gay.
Worcs.Coley;Mander;Sawyer.
Kings of Wessex & Scotland
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www.nationalarchives.gov.uk/

Offline jonwicken

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Re: Martha Rutter mother of Margaret Mallery of Kenilworth d. after 1686
« Reply #6 on: Wednesday 23 August 17 00:15 BST (UK) »
Further to my post, John and Margaret Mallery were not originally from Kenilworth as their family only appear in the parish registers there from 1676. So I have been trying to see where they were before.

I found a reference to a John Mallery of Hatton in the early 1660s and also in Hatton was a John Rutter.

I then had a look at the Hatton marriage register transcribed here https://archive.org/details/warwickshirepari03phil in which a John Rutter married Martha Rawbone in 1624.

At the Warwickshire County Record Office (ref CR 611/204/1-13) is a document which states that John Rutter of Hatton became at trustee in 1652 of the Throckmorton's Charity.

The 1677 marriage agreement of John and Margaret Mallery's daughter Mary Mallery to Joseph Mason include the name of John Bree of Beausale, gentleman.

While the registers of Hatton are somewhat defective from the 1640s to early 1700s, there are some baptisms of a John Bree in Hatton in the 1650s. Beausale was in Hatton.

John Mallery and John Bree's grandchildren John Mallery (1687-1732) and Elizabeth Bree/Mallery/Brockhurst (1690-1735) married in Warwick in 1721 and resided in Leek Wootton.

Taking all the above into consideration it seemed probable that my ancestor Margaret Rutter/Mallery was the daughter of John Rutter and Martha Rawbone who married in 1624.

Now the later registers of Hatton from the 1640s/50s to the early 1700s are somewhat defective, but on freereg I then found the baptism of Margaret Rutter, daughter of John Rutter, in Hatton in 1625.

This all seems to prove who Margaret Rutter/Mallery (1625-1686) was and that her mother Martha Rutter was born Martha Rawbone at some point prior to c1608 and died after 1686.

I assume from John Rutter being a trustee of the Throckmorton Charity in 1652 that connections here somehow led to this payment being due to Clement Throckmorton.

Thanks again for the replies.

Jon





Offline ..claire..

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Re: Martha Rutter mother of Margaret Mallery of Kenilworth d. after 1686
« Reply #7 on: Wednesday 23 August 17 00:24 BST (UK) »

That's a great history find  :)

Brilliant searching :)
Luce, Tippett , Thomson, Dolling ~ Devon & Cornwall
Mocquard ~ London, France
Census info is Crown Copyright http://www.nationalarchives.gov.uk