| Notes |
- From VCH Lancaster (citation details below):
First [Richard de Torbock] married Margaret, by whom he had three daughters--Emma, Ellen, and Alice, who were minors at his death. Later he repudiated her and espoused Maud de Standish at the door of the church of Ormskirk, having by her a son (perhaps posthumous) named Henry. Both Margaret and Maud survived him and married again, the former to Henry Russell of Chester and the latter to Henry son of Bernard. In 1337 John de Holland claimed from Emma and her sisters, from their feudal guardians the Lathoms, from Margaret 'late wife of Richard de Torbock chivaler,' and others an annual rent of 3s. 4d. from the manor of Tarbock and a robe worth 20s. of the suit of his esquires which he alleged had in 1334 been granted to him by Richard de Torbock. At the same time John de Dutton (or Ditton) claimed from them a rent of 40s. and a robe (with a hood) of the value of 20s. by the year. In 1341 Maud, then wife of Henry son of Bernard, sought dower against Katherine, formerly wife of Robert de Lathom, and Sir Thomas de Lathom, the guardians of the lands and heir of Sir Richard de Torbock, and against Henry Russell and Margaret his wife. The defence was that Maud was never legally married to Richard, and the question being referred to the bishop of Lichfield for inquiry he reported that there was no lawful marriage. Five or six years later there was a contest between Katherine de Lathom and her son Thomas and Henry Russell of Chester as to the custody of the heirs.
In the summer of 1344 the daughter Alice had 'entered into religion in the order of the [Gilbertine] nuns at Watton' in the East Riding; while Emma, the eldest daughter, had married Sir William Carles, probably a Shropshire man, and fresh suits were instituted and a settlement of the property made.
Henry, son of Maud, put forward his claims about 1363, when he must have been nearly thirty years of age. In November, 1364, Urban V sent his mandate to the archbishop of York to take order touching the case of Henry de Torbock, son of Richard de Torbock, knight, who died intestate, and of Maud, now also deceased, who duly married the said Richard; Henry had been defamed by William Carles, knt., and his wife Emma, who, in order to exclude him from his inheritance, said that he was illegitimate. The prior of Burscough was accordingly delegated to inquire, and at Prescot in July, 1365, declared Henry to be legitimate. At the beginning of 1365 the king directed the rolls to be searched with reference to the former claim by Maud for her dower; and in July sent a statement of Henry's claim to the bishop of Lichfield, commanding him to inquire into the legitimacy of the claimant. In November a further letter was sent by the king to the bishop on the petition of Sir William Carles and his wife Emma. The bishop's reply does not seem to have been preserved; being again directed to make inquiry, in November, 1372, on the following 25 April he certified to the justices at Westminster that upon diligent inquiry it was found that Henry de Torbock was legitimate.
In the meantime a decision had been given in the king's court. In 1365 Sir William Carles and Emma his wife complained that Henry de Torbock and others had ousted them from their manor of Tarbock. Henry replied that he was the lawful son and heir and had therefore done no injury or disseisin, for Emma was a bastard and had no right in the manor. The recognitors acquiesced in the above decision that Henry was born in lawful wedlock and was the true and right heir of Richard de Torbock, and accordingly gave judgement that the claim of William and Emma was a false one.
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Nielsen Hayden genealogy
- 1337
d. Abt 1380 (Age ~ 47 years)