Sir 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, 1st Henry VI...He is named among the
"Tireurs des Peticions" to parliament either for England or Gascony and Aquitaine, for every parliament between 9th Henry IV and 7th Henry 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 Lincolnshire, and laying wait for the sayd 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 leaving the right of common of pasture in Wragby in com. Linc. 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 tunnes of Gascoigne wyne, 2 fatt oxen, and 12 fatt sheepes, and offer reparation. 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 antiquarian, 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.
Footnotes
[1] Burke's Landed Gentry, 1st Edition (1835), Volume 1, Tyrwhitt of Nantyr, pages 583-587
Abt 1370 - 