Marriages and children
He married twice:
Firstly, in secret on 15 December 1578, to Mary Cornwallis, a daughter of Sir Thomas Cornwallis (1518–1604), of Brome Hall, Eye, Suffolk. The marriage was largely arranged by Sir Thomas Kytson, the young earl's uncle and Mary's brother-in-law. The marriage was subsequently repudiated, according to some sources because the earl's mother, Frances Kytson, by then remarried to William Barnaby, would not consent to the match. A lawsuit was commenced in May 1580 and the marriage was annulled by a judge on 28 April 1581.
Secondly, in 1583 to Lady Elizabeth Russell, daughter of Francis Russell, 2nd Earl of Bedford, Lord Lieutenant of Devon, the wealthiest and most powerful man in Devon. One of his many manors was Bishops Tawton, the village and parish church of which is situated directly across the River Taw and is prominently visible from Tawstock Court. They had four children, as shown in effigies on the monument at Tawstock, and identified in the inscription (see below):
John Bourchier, Lord FitzWarin, eldest son and heir apparent, (bap 24 Sep 1585 at Tawstock, buried March 1586/7 at Tawstock). Baron FitzWarin was the courtesy title used by the eldest son and heir apparent of the Bourchier Earls of Bath.
Robert Bourchier, Lord FitzWarin, second son, (bap 3 Mar 1587/8 at Tawstock, buried 27 May 1588 at Tawstock)
Edward Bourchier, 4th Earl of Bath (1590–1636), eldest surviving son and heir. Misrecorded (or mistranscribed) in the unsigned Bourchier pedigree in the Heraldic Visitation of Devon, 1620, (Vivian, p. 107) as "Ricus, D'ns Fitzwarren”.
Lady Frances Bourchier (1587–1612), died unmarried aged 25. In 1603 she joined the household of Princess Elizabeth. A monument to her survives in the Bedford Chapel, Chenies, Buckinghamshire. It consists of a plain slab of black marble supported by four white marble Doric columns which form a canopy to a second slab of black marble, under which is a step of black marble on the floor. Two heraldic lozenges on the lower slab are surmounted by an Earl's coronet, sculpted in relief in white marble. An inscription records the erection of the monument by Lady Anne Clifford (1590–1676) "her deare cosen", daughter of Lady Margaret Russell and therefore her first cousin, and she is mentioned several times in Anne's diaries. The arms displayed are of Bourchier with ten quarterings and are the same as shown on the gatehouse of Tawstock Court.