_Dutton Family_ (Vol. ii., p. 21.).--B. will find the _Dutton_ proviso in
the statute 17 Geo. II. explained by reference to Ormerod's _Cheshire_,
vol. i. pp. 36. 477. 484.; Lyson's _Cheshire_; Blount's _Antient Tenures_,
298., &c. An early grant by one of the Lacy family transferred to Hugh de
Dutton and his heirs "magistratum omnium leccatorum et meritricum totius
Cestriæ." In the fifteenth century the jurisdiction was claimed by the
Dutton family, in respect of the lordship or manor of Dutton, and was then
confined to a jurisdiction over the minstrels and musicians of the
palatinate and city of Chester, who constituted, I presume, a department
among the _leccatores_, or licorish fellows, mentioned above. In virtue of
this jurisdiction the lord of Dutton had the advowry or "advocaria" of the
minstrels of the district, and annually licensed them at a _Court of
Minstrelsy_, where the homage consisted of a jury of sworn fiddlers; and
certain dues, namely, flagons of wine and a lance or flagstaff, were yearly
rendered to the lord. The last court was held in 1756.
As the early Vagrant Acts included "minstrels" in their definition of
rogues and vagabonds, it is evident that the suitors of the Minstrelsy
Court would have run the risk of commitment to the House of Correction and
a whipping, if the acts had not specially excepted the franchise of the
Dutton family from their operation. The earliest statutes are 14 Eliz. c.
5.; 39 Eliz. c. 4.; and 43 Eliz. c. 9. Section 27. of the last Act clearly
shows that it was the power of licensing minstrels which the proviso of the
acts was intended to save. The pedigree of the Dutton family will be found
in the volume of Ormerod already cited.