C. B.

_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.

Notes and Queries, Number 35, June 29, 1850 A Medium of Inter-communication for Literary Men, Artists, Antiquaries, Genealogists, etc. · 第 64 / 83 题