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Re. A correction to Complete Peerage

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jonathan kirton

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Aug 8, 2010, 7:32:33 AM8/8/10
to Gen-Med LastGEN-Medieval@rootsweb.com
Dear Group,

There is, I believe, an error in Complete Peerage, Volume VII (1929),
page 338, concerning the identity of the mother of Sir John de
Kirketon, who in fact was NOT "Cecily", as is stated.
This Cecily was in fact the wife of a different Robert de Kirketon, of
Kirketon-in-Lindsey, co. Lincs., as is shown in what follows.

Sir John's actual parents were Sir Robert de Kirketon, Knight, of the
Manor of Kirketon, at Kirketon-in-Hoylaund (Holland), co.
Lincolnshire, and his only wife, Beatrice de Driby.

Sir Robert was the probable second son of Peter (Bozon) de Kirketon
and his wife Elizabeth de Kirketon (nee de Woodthorpe), and was born
likely at Aisthorpe, co. Lincs. in circa 1252.

Sir Robert married Beatrice de Driby, daughter of Sir Simon de Driby,
Knight, and his wife, Joan de Driby (nee de Tateshale / Tattershall,
2nd. daughter and co-heir in 1306 of Lord Robert de Tatershale, 1st.
Baron Tatershale (died 1298; I.P.M. 1304)) in the year 1272 in London
(ref.:
a) "Excerpta E Rotulis Finium in Turri Londinenensi Asservatis Henrico
Tertio Rege, a.d. 1216-1272", Cura Caroli Roberts, Vol. II, A.D.
1246-1272 (1836), page 567:- 56 Henry III (1272):- "Lincs.: Beatrix
que fuit uxor Roberti de Kirketon dant dimid' marcam p' uno brevi ad
t'minu h'ndo. Et mand' est Vic' Linc'.")
b) Calendar of I. P. M.", Vol. III, 23 Edward I (1295), page 150,
"Inquisitions", No. 234 of Andrew de Nevill:- Re.:- Lincoln - Inq.
Monday after the Feast of St. Denis. "The Manor of Ryggesby, co.
Lincs, held of John de Britannia, Earl of Richmond, by service of 1/2
of a knight's fee & rendering 10 shillings yearly for the guard at the
Castle of Richemund (sic)[North Riding of Yorkshire]. The said Andrew
three years ago (i.e. in circa 1292) demised the said manor to Sir
Robert de Kirketon, knight, and Beatrice his wife for their lives ...
etc.."
c) See National Archives, PRO SC 8 / 51 / 2515, a petition in the name
of, amongst others, Beatrice de Kyrketon, widow of Robert de Kyrketon,
of co. Lincs, and dated "circa 1302" [It should have been dated AFTER
1303, in which year Sir Robert died]. It is stated that it is to be
read in conjunction with two other petitions, SC 8 / 173 / 8620 &
Calendar of Close Rolls, Edward I, Vol. IV, 1296-1302, quoting page
559 (which seems to be irrelevant), both of which are also dated
"circa 1302". This petition is: "from the widow of Robert de Kirketon
of Kirketon-in-Holland", co. Lincs., particularly giving the reference
that she is distrained for the debts of Warin de Engayn, from whom
(Sir) William de Kirketon and (his cousin, Sir) Robert de Kirketon had
held in chief."
Here we need to go back to an earlier time, to the "Book of Fees,
Lincolnshire", Vol. II, pages 412 - 479, for the period 1242 - 1243;-
P1004:- (translated) "Warimus [Warin] Engayn, who holds the land
which was Reginald de Benington's, holds a 1/3 part of a knight's
service of the Honour of Richmond in Kirketon-in-Hoylaund, and (Sir)
William de Kirketon (Knight) holds it in chief of the said Warin."
"Petronella de Croun (sic Craon) holds in the same Wapentake of
Kirketon 1-1/2 of a knight's fee, held of the king in chief, and
1/3rd. part of a knight's fee which Roger de Huntingfield [Lord of
East Bradenham, co. Norfolk, Sheriff of Norfolk & Suffolk, 1210 -1215]
holds of her in chief, of which the same Roger holds 1/3 part of a
knight's fee in his demesne in Frampton [very close by to the village
and manor of Kirketon-in-Haylaund] and Richard Moreward holds of the
same Roger one knight's fee in Wyberton, and Thomas de Huntingfield
holds of the same Roger 1/4 of a knight's fee in Bikir (sic Bicker),
Donington and Swinesh (sic Swineshead), and William de Kirketon holds
of the same Roger in chief 1/4 of a knight's fee in Kirketon-in-
Haylaund, and they owe scutage and relief."
P1090:- "From Petronilla de Craon William de Kirketon holds 4 parts of
a knight's service in Kirketon-in-Hoylaund."
It is evident that shortly before Sir William de Kirketon's death
without heirs in the year 1275, that he had transferred the manor of
Kirketon-in-Holland to his cousin and kinsman Sir Robert de Kirketon,
since the manor is not mentioned in Sir William's I.P.M. held in 1278,
and yet there is positive proof that Sir Robert was in full possession
of this manor by the year 1303.
[This points out another inaccuracy in the account in Complete
Peerage, which implies that Sir Robert followed his cousin Sir William
in both of his 1303 holdings, rather than just in one of them.]
-----------------------------------------------------------------------------------------------------------------------------
Secondly I need to prove that the woman "Cecily", named as the wife of
Sir Robert, and the mother of Sir John de Kirketon, is, in fact, the
wife of an entirely different Robert de Kirketon, who was likely not a
knight, and who lived at Kirketon-in-Lindsey, in the northern part of
Lincolnshire.
a) Going back to 1266, "Calendar of Inquisitions, Miscellaneous I",
1229 - 1307, page 313:- "25 Aug., 50 Henry III, Writ to the Sheriff of
Lincoln to enquire by the oath of upright and law abiding men (who
are) not against the king:- Robert de Kyrketon-in-Lyndese (sic
Lindsey) ... whether they were with Baldwin Wake and John Deyville at
the sack of Lincoln? Admitted to the King's peace."
b) Cecily de Kirketon, widow of Robert de Kyrketon, made two
petitions, National Archives, PRO SC 8 257 / 12830, & PRO SC 8 / 257 /
12831, both addressed to the King and council, both in 1305, and both
involving a claim in Kirketon-in-Lindsey of land which was being
withheld from her by a certain Agnes de Bromholm, widow of Thomas de
Bromholm, to which she held dower rights from her late husband. There
seems to be no surviving record of the settlement of her petitions,
however "Early Lincoln Wills" shows under "Commissions for Probate":-
"Cecilia Kirkton (sic), ux. (uxor / wife) of Robert Kirketon XIV Kal
August, 1321." So she had evidently died by then.
c) However, a few years later this Robert and Cecily's grandson,
another John de Kirketon, sent a petition to his landlord: "Petition
to the prince from his tenant, John de Kirketon, shewing that, whereas
his grandfather, Robert de Kirketon, whose heir he is, gave certain
tenements in Kirketon-in-Lyndesey to Thomas de Bromholm and the heirs
of his body, with reversion to himself and his heirs, and the said
Thomas has died without heir to his body, the prince's bailiffs have
entered the tenements and will not suffer him to enter on his
reversion; and praying the prince to order his bailiffs of Kirketon to
enquire whether the above is true, and if so, to restore the tenements
to him without delay, as he will pay to the prince every year nearly
the true value thereof, to wit, 6 shillings a bovate". (ref.:
"Register of Edward The Black Prince", Great Britain Public Record
Office, London, by A. E. Stamp & M. C. B. Dawes (1933), Vol. IV, page
238, Folio 136b, 20 Jan., 1357.")
As a result :- "A letter was sent to Sir John Chandos in London, or to
his steward in Kirketon, enclosing the above petition and praying him
to do right and reason in the matter. By command of Wengefeld at the
suite of W. de Weng." [Note that the Manor of Kirketon-in-Lyndesey
had been a royal manor since soon after the Conquest, hence the Black
Prince's involvement.]
--------------------------------------------------------------------------------------------------------------------------------
Sir Robert de Kirketon and Beatrice (nee de Driby) had two sons, and
three daughters. Their eldest son, Sir Gilbert de Kirketon, Knight,
suddenly died s.p. in the spring or summer of the year 1303, with the
result that Sir Robert had to hastily prepare a charter (British
Library No. C-13348-51) by which he turned over his manor of Kirketon-
in-Hoyland (sic) together with all its appurtenances, and demesnes,
meadows, pasture, pasturings, moors, marshes, ponds, highways, lanes
and waters within the town of Kirketon-in-Holland, to his kinsman,
Lord James de Taunkerlay, to have and to hold, including all his
villeins and their offspring. His witnesses included William de
Huntingfield and Ralph de Driby.
He undoubtedly did this to protect the manor on behalf of his younger
surviving son, the future Sir John de Kirketon, who in 1303 was aged
about 8, in order to protect the manor and John from being put under
wardship at the hands of the escheator, just before he himself died,
before the end of 1303. Both his mother, Elizabeth, and his wife,
Beatrice, survived him.
Sir John only eventually regained full possession of the manor between
the years 1344 - 1346.
------------------------------------------------------------------------------------------------------------------------------
It is clear that Sir John de Kirketon and his first cousin, John de
Driby had a close relationship, and indeed were comrades in arms when
they were both young men. Sir John's mother, Beatrice was the sister
of John de Driby's father, Robert de Driby. "10 March, 1329 - General
Pardon to John de Kirketon, Knight, who lately aided the King when he
took the field against certain rebels, ... and the like to John de
Driby." (ref.: Calendar of Patent Rolls, Edward III, Vol. I, pages 373
- 374, memb. 27). This surely demonstrates that the two cousins were
evidently good friends and companions.
After the death of their mutual grandmother, Joan de Driby (nee de
Tatershale), John de Driby as the last male heir, received the Manor
and Castle of Tatershale / Tattershall outright. By this time he had
become a parson, without heirs, so that when in 1334 he became unwell
he gave the Manor and Castle to Sir John de Kirketon, with the only
provision that he would retain for his own use a messauge and some
other land and a mill at Baston, co. Lincs. (ref.: National Archives
PRO C 143 / 228 / 5). This transaction was evidently done in haste,
and incompletely, very shortly before John de Driby did in fact,
evidently unexpectedly, die, with the result that it was eventually
questioned by the king in council, but was eventually allowed to
stand, and the situation remained so for many years.
Sir John was a frequent servant of the crown, a commissioner of array
on many occasions, and with his wife, Dame Isabel, the widow of Sir
George de Maryet / Merriet, Kt., (who already had a son, John de
Maryet by her first marriage) had at least two sons and three
daughters who reached adulthood: Nicholas de Kirketon, another John,
and daughters, Elizabeth, Alice and Joan.
Between 1355 and 1359 Sir John became a Knight Banneret, and in 1359 -
60 was the senior knight tasked with guarding and moving the King of
France who was then a prisoner in England.
However by that year of 1360 it is evident that ALL of his and Dame
Isabell's children had died, and his only surviving offspring at that
time was a granddaughter, Beatrice de Kirketon, named no doubt for Sir
John's mother, who was the daughter and only heir of his late eldest
son, Nicholas de Kirketon (ref.: "Cartulary of Buckland Priory in the
County of Somerset" , by F. W. Weaver (1909), Somerset Record Society,
Vol. XXV, page 116). It is very probable that Beatrice also died at
about this time, because no further mentions of her existence have
been found.

Then, suddenly, out of the blue, when Sir John was aged about 65, and
when all his potential heirs of his body had already died, he was
suddenly faced by an action brought by a certain Sir Ralph de Cromwell
on behalf of his wife, Maud (nee Bernake), a granddaughter of Sir
William Bernake (who was himself a first cousin of Sir John de
Kirketon's father, Sir Robert de Kirketon), whose wife had been Dame
Alice (nee de Driby), the youngest sister of John de Driby, and Sir
John de Kirketon's mother, Beatrice (nee de Driby).
There is no doubt that Sir John did not contest this action with as
much vigor as he might once have done, with the result that Cromwell
eventually won his case, although it seems quite evident that the king
himself protected Sir John, by ensuring that Cromwell was prevented
from taking possession of Tattershall until after Sir John's death,
and specifically in 1362 by having Sir John summoned to Parliament by
writ to become a Baron, Lord John de Kirketon, an action which was
repeated in the following year, in 1363.

Four years later Sir John died, in 1367, aged about 71, Dame Isabel
surviving him by just two years.
-----------------------------------------------------------------------------------------------------------------------------
I would be very pleased to hear any comments on the foregoing.

Sincerely, Jonathan Kirton, Canada

Hal Bradley

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Aug 8, 2010, 10:59:46 AM8/8/10
to jonatha...@sympatico.ca, gen-me...@rootsweb.com

Jonathan,
I have Joan de Tateshal as the wife of Sir Robert de Driby (not Simon) and
Beatrice as the sister of this Robert; and both Robert & Beatrice as the
children of Simon de Driby and his wife Alice.
Also, despite the implication found in CP 12 (1): 653 that Joan was the
daughter of Robert, Lord Tateshal (d. 1298), the 1306 i.p.m. of Robert de
Driby states Joan was "50 or more," placing her birth before 1257. Robert,
Lord Tateshal (d. 1306) was born in 1248, clearly indicating that Joan was
his sister, not his daughter.
Hal Bradley

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jonathan kirton

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Aug 8, 2010, 3:42:45 PM8/8/10
to Hal Bradley, c.c.
Hal,

Thank you for your note.

See <http://awt.ancestry.com/cgi-bin/igm.cgi?op=PED&db=ancestorsearch&id=15165
>
(updated as recently as 18
June, 2010)

Which shows Joan de Tateshal (died 8 Oct., 1329), as the daughter of
Robert de Tattershall (born 5 Dec., 1248 [surely impossible if Joan
was born before 1257], died 8 Sep., 1298).

Which evidently must be wrong from your statement, so the fourth
paragraph of my statement should then be corrected to read:-

Sir Robert de Kirketon married Beatrice de Driby, daughter of Sir
Simon de Driby, Knight, and sister of Sir Robert de Driby, Knight
(died before 8 Nov., 1307), whose wife was Joan de Driby (nee de
Tatershale / Tattershall, sister and co-heir in 1306 of Lord Robert de
Tattershale, 1st. Baron Tatershale (died 1298; I.P.M. 1304)) in the
year 1272 in London (references unchanged).

[The above mentioned website shows Robert de Driby, the husband of
Joan de Tatershal, as having been born only in 1290, but that would
seem to be very unlikely if Joan was born before 1257.]

Jonathan

John Watson

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Aug 8, 2010, 6:32:05 PM8/8/10
to
On Aug 8, 6:32 pm, jonathan kirton <jonathankir...@sympatico.ca>
wrote:

Hi Jonathan,

I have these families as follows:

Simon de Driby (died after 1286) married Alice FitzHugh, daughter of
Hugh FitzRalph of Greasley, Notts and his second wife Idonea

They were the parents of:
1. Robert de Driby (died before Jun 1304) married Joan de Tatteshal
2. Beatrice de Driby married Robert de Kirketon, (died 1303) son of
William de Kirketon

Robert de Kirketon and Beatrice were the parents of John de Kirketon.

Sources:
1280, Thomas de Houton demands against Robert de Kyrketon and Beatrix
his wife nine marks of rent with appurtenances in Askeby next Gretham,
Stavenesby, Bagendreby, and Little Gretham, into which the same Robert
and Beatrix have not had entry unless through the disseisin which Hugh
Fitz Ralph unjustly made upon Richard de Houton, brother of the
aforesaid Thomas, whose heir he is. And Robert and Beatrix called to
warrant Simon de Dryby, who warrants to them, and calls further to
warrant Robert (sic) de Ros and Eustachia his wife. And the aforesaid
Simon and Alice say that the aforesaid tenements were the right of
Hugh Fitz Ralph, the grandfather of Eustachia, whose heir she is. And
the same Hugh granted to Simon and Alice, and their heirs, in free
marriage the whole land and tenements, which he had or ought to have
in Askeby, Anderby, Stavenesby, Waynflet, Gretham, and in Markeby
xiijs. vid. rent, in exchange for 10 librates of land in Ilkeleshal,
co Norfolk, which before he gave to the same Simon with the aforesaid
Alice his daughter in free marriage, to have and to hold to the
aforesaid Simon and Alice his wife my daughter, and the heirs of their
bodies, of the same Hugh and his heirs freely &c. And the aforesaid
Hugh and his heir warranted the aforesaid lands and tenements to the
aforesaid Simon and Alice and their heirs against all persons for
ever. And they say that those tenements are those in the charter
contained. And William and Eustachia say that the same Eustachia is
the heir of the same Hugh by blood, and they have cognizance of the
charter, and admit it, and warrant. Thomas asks leave to recede from
the writ, which is given.
Lincolnshire Notes and Queries, Vol. 3, pp. 239-40, citing Assize
Roll, Lincoln, M.3.14.1. 9 Edw I m 76

1282, Symon de Dryby and Alice his wife acknowledge 11 tofts and 14
oxgangs of land in Askeby, Stavenesby, Waynflet, Enderby, Teford,
Markby, Westkel, Cotes, and Hagworthingham to be the right of Robert
son of William de Kyrketon and Beattricia his wife of the grant of the
said Symon and Alice, to have and to hold to them and the heirs of
their bodies, &c
Lincolnshire Notes and Queries, Vol. 3, p. 240, citing: Feet of fines,
10 Edw. I, Lincoln, case 5

Hope this helps.

Regards,

John

CE Wood

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Aug 8, 2010, 7:43:24 PM8/8/10
to
I suggest you read the most helpful post (Another CP Correction:
Chaworth-Basset Connection) by MichaelAnne on 14 March 2004, which
contained the following descent along answers to many of your
concerns:

1. Sir Simon de Driby (- aft. 1286) married Alice Fitzhugh, daughter
of Hugh FitzRalph by Agnes de Greasley.
2. Robert de Driby married Joan de Tatteshall (-Oct. 8, 1329)
3. Simon de Driby married Margery NN (died bef. Aug. 8, 1322
sp)
3. Robert de Driby, aged 40 in 1332 died bef. 1334, heir to
his brother Simon.
3. John de Driby, aged 40 in 1329 heir to his mother, married
Huegilina and died sp leaving as his heir his sister Alice, wife of
William Bernake aged 50 or more in 1334.
3. Alice de Driby (-April 12, 1341) married (1)William Bernake
(1284-March 20, 1344/5)
married (2) Sir John Folville (-1363).
4. John Bernake (1309-1349) married Joan Mamion(1313-1362)
5. Maud Bernake (1327-April 10, 1419) married Ralph de
Cromwell (1346-Aug 27, 1398)
5. William Bernake (1321-1360)
5. John Bernake
4. Hugh Bernake, Parson of Hethersett
4. Elizabeth Bernake married Sir James Byron
2. Beatrix de Driby married Robert de Kyrketon
3. Florence de Kyrketon married Robert de Littlebury
3. Isabel de Kyrketon married Nicholas de Grey
3. John de Kyrketon (CIPM #150, 41 Edward III) married Isabel,
widow of George Meriot. He was Lord Kirketon and involved in numerous
lawsuits with Alice and William Bernake. He died sp.
3. Alice de Kyrketon married (1) Sir John de Loudham (2) John
le Brette
4. Catherine le Brette married Sir John Caltoft (- ca.
June 24, 1353)
5. Alice Caltoft married William Chaworth (1352-
December 1398)

CE Wood


On Aug 8, 12:42 pm, jonathan kirton <jonathankir...@sympatico.ca>
wrote:


> Hal,
>
> Thank you for your note.
>

> See <http://awt.ancestry.com/cgi-bin/igm.cgi?op=PED&db=ancestorsearch&id=1...

jonathan kirton

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Aug 9, 2010, 7:49:09 AM8/9/10
to John Watson, cc:
Hi John,

Thank you very much for your response to my posting.

I was very interested to see the two entries from "Lincolnshire Notes
and Queries", Vol. III, originally published in 1892-3, which I had
not seen before.

However, in the mention of the 1282 case, citing "Feet of Fines,
Lincolnshire, 10 Edward I (1282), case 5", I would suggest that
identifying "Sir Robert de Kyrketon as being the son of
(Sir) William de Kyrketon", was a supposition or guess by the writer
of the Notes and Queries, and does not exist in the original 1282 Feet
of Fines.

Chris Phillips' Abstracts of Feet of Fines: Search facility:
<http://www.medievalgenealogy.org.uk/fines/search.php?s=1&surname=K...81&before=1283&county=Lincolnshire&finecase=&finefile=&finenumber=
>
shows absolutely no reference to a William de Kyrketon in the
Lincolnshire Feet of Fines between 1281 and 1283.

As I had mentioned Sir William de Kirketon / Kyrketon, Knight, was the
uncle of Peter(Bozon) de Kirketon, and the great uncle of Sir Robert
de Kirketon. Sir William died s.p. in 1275, but before he had died he
had evidently passed the Manor of Kirketon-in-Hoyland to Sir Robert,
who was certainly in possession of the Manor by 1303, when he drew up
the charter mentioned in my posting, very shortly before he himself
died before the end of 1303.

Regards,

Jonathan

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