Who is This – Part 2

 

Oil painting on panel, John Dutton of Dutton (d. 1608/9) previouslyy called ?Sir Piers Dutton of Dutton and Called Sir John Egerton,English School, inscribed top right: A o 1597 A portrait, shown wearing a slashed grey doublet. A coat of arms on the left : IEVON DROYT AVOYRE [?]
Oil painting on panel, John Dutton of Dutton (d. 1608/9) previously thought to be Sir Piers Dutton of Dutton or Sir John Egerton. English School, inscribed top right: A o 1597 A portrait, shown wearing a slashed grey doublet. A coat of arms on the left : IEVON DROYT AVOYRE [?]
A few days ago I posted a link to the above portrait of John Dutton of Dutton which is displayed at the Lodge, Sherborne Park, Gloucestershire. I had received an email from Ed Dutton of Oulu University in Finland questioning the attribution on the basis of the Coat of Arms which appears to be Warburton, not Dutton.

I visited the Lodge yesterday and saw the painting for myself, and now understand the history of the Lodge better.  I also obtained an email address for the National Trust’s curator for SW England and I have sent him my thoughts. I will pass on his comments if and when I get them.

Also many thanks to those of you who have contacted me with their comments.

The following Warburton Coat of Arms comes from the Cheshire heraldry site and is included in the section concerning the visitations of 1613, which makes it contemporary with the picture.

Warburton Arms copy

The similarity between the two Coats of Arms is striking. The Saracen’s head is a particularly Warburton feature though it records the exploits of Geoffrey de Dutton, father of the first Dutton of Warburton to be styled as ‘de Warburton’ following the establishment of his abode there. The three cormorants in the middle top are also a specifically Warburton symbol. The Warburton motto is  ‘Je voil droyt avoyre’ which appears to be the one in the picture.

During my visit to the Lodge I learned that it was built in the 1630s by John ‘Crump’ (i.e. hunchback) Dutton as a grandstand to watch, and more importantly gamble on deer coursing. Apparently the deer was used as a lure to race two dogs (a bit like the artificial rabbit in greyhound racing), and the bets were on which dog would reach a certain point, marked by a ditch, first. The deer was normally recaptured and ‘reused’ though sometimes there was a kill.

This means the picture precedes the construction of the Lodge by over 30 years. Also the attribution to John Dutton of Dutton was not the first that was made, so it is clearly not well documented. It must  have arrived at the lodge sometime after it was painted, possibly by someone who married into the Dutton family.

If the portrait isn’t John Dutton of Dutton who might it be? The date of 1597 may be significant. This link is to the History of Parliament entry for Judge Sir Peter Warburton who was born around 1540 (2 years after John Dutton) and died in 1621. His grandfather was a minor son of the Warburtons of Arley Hall near Northwich. This son never married so Peter’s father was illegitimate. However, in 1597 Judge Peter requested permission to use the Warburton Coat of Arms. I assume it was granted as Judge Peter’s third wife was the daughter of his namesake, Peter of Arley Hall. It is possible that the portrait was made to commemorate the granting of the arms. I don’t believe it is common for arms to be included in portraits, so its presence must have some significance.

I don’t know if there are other portraits of Judge Peter for comparison, but he was involved in a couple of significant trials, Sir Walter Raleigh and the gunpowder plot. If any pictures of these trials were made he might figure in them.

When judge Peter died he left a daughter, Dame Elizabeth Stanley, and 3 granddaughters. If the picture passed to his descendants, and one of them subsequently married into the Dutton family they would no longer be a Warburton, so the significance of the portrait may well have been lost.

I hope evidence will emerge that will confirm my theory, but I can’t think of a better interpretation of the known facts.

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Comments

5 responses to “Who is This – Part 2”

  1. Vic Gardner avatar
    Vic Gardner

    This picture is in the ancestral home of the Warburton family of Arley Hall, Cheshire, (about 6 foot by 4 foot) and carries a metal plate stating that it is of Peter Warburton 1544-1626. The Knight who was a trial judge at the Gunpowder Plot trials was Sir Peter Warburton of the same birth and death dates, Sir Peter Warburton is a true member of the Warburton Family of Arley Hall. He was a great benefactor to the Armada Fund. He had 6 (or some would say 9) children, all of whom were girls.
    After his death gold and silver coins to the value (then) of over £8,000 were found in his bed-chamber. The coat of arms in the top left field of the picture is that of the Warburton family of Arley Hall, who’s history goes back to Odard of Dutton in 1086.

    1. Ray Warburton avatar

      Hi Vic,

      The picture in Arley Hall is not this one, but is very similar. It is printed in Charles Foster’s book Capital and Innovation. Our conclusion, which I posted on subsequently, is that the two portraits were done as a pair to commemorate the Judge being granted permission to use the Warburton coat of arms. He was for many years head of the Warburton manorial court and actually married Sir Peter’s daughter. He is descended from a bastard son of the Arley family a couple of generations earlier.

      1. VIC GARDNER avatar

        Hi Ray,
        It must have been a couple of years since I sent my previous reply, and I have only just found your page and read it again.
        I see that there are many small differences in the two paintings, but they both look like they are based on the same body, stance, and type of dress. Apart from this painting in Arley, there is also one of the Judge – Sir Peter Warburton – wearing a red cloak, and looking very portly. Have you seen it? As you say, the picture in this article has A.O. 1597 at the top, and I am not sure if there is any code on the Arley copy. I will take a look next time I am in there, and let you know.
        On another subject – Do you know anything about the New Zealand Warburtons from around the 1700’s possibly descended from Thomas Slaughter?
        Best to you.
        Vic

  2. Geraldine avatar
    Geraldine

    I’ve been told all Warburton are related, is this true? Could you please email me I’m keen to find out but having trouble searching as I’m not up to scratch with all this technology. I’d be forever grateful.
    Thank you
    G Warburton

    1. Ray Warburton avatar

      Hi Geraldine,

      No not all Warburtons are related. It is a locative name from the village of Warburton so different individuals adopted the name at different times. There is even the case of an Irish protestant cleric who adopted the name of his maternal cousins in 1792 to further his career in the church. Having said that there several groups of Warburtons who have been identified as related via Y-chromosome DNA, including one related to the original lords of the manor at Warburton, and a large group in Lancashire whose earliest known origins are a tenant on the Tottington estate in the 1440s. I presume his ancestors were villagers who migrated at some point but took the name of their original home. There may also be hidden links because when a boy takes his mother’s name he will also introduce a new Y-chromosome to the Warburton name, so where 2 two groups don’t appear to be related by Y-chromosome DNA there may an unknown link via the mother. If this happened more than 2-3 centuries ago there may not be the records to prove it, and DNA would also not help that far back.

      Ray

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Warburton Clans

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The Cheshire Group:

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South Cheshire Group:

 Audley: Tree Report Chart
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West Cheshire Group:

 Tilston: Tree Report Chart
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Ashley and Notts Group:

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Warburton Village Group:

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Other Families:

 Cardiff Family: Tree Report Chart
 Clog Makers family: Tree Report Chart
 Clutton Family: Tree Report Chart
 Darcy Lever Family: Tree Report Chart
 Frodsham Family: Tree Report Chart
 Hackney Family: Tree Report Chart
 Houghton Family: Tree Report Chart
 James Anderton’s Family: Tree Report Chart
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 Quaker Family: Tree Report Chart
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