Sir Humphrey Audley (c1430-1471) - An Account of His Life
Ronny Bodine
gateway to a descent from King Edward III for those individuals
descended from Thomas Owsley (1657-1700) who had settled in Stafford
County, Virginia in 1677. Historically, Sir Humphrey was
insignificant. There are few records of him and as he never served in
Parliament or as a Sheriff, there has been no reason for any of the
historians to take particular note of him. My previous attempts to
have Sir Humphrey recognized as the vital link between Thomas Owsley
and King Edward III several years ago had recently been pointed out to
me as being incomplete. I felt it expedient to rectify this omission
and acquire for him proper recognition. I hope my subsequent work
will have achieved this.
Humphrey Audley was the eldest son of Sir James Tuchet, 5th Lord
Audley and his 2nd wife, Eleanor, the illegitimate daughter of Edmund
Holand, Earl of Kent. A Papal Dispensation had been issued 16 March
1429/30 for the couple to remain in marriage contracted but not
consummated, though related in the third degree. Whereas the issue of
James Tuchet's first marriage to Margaret de Ros continued use of the
name Tuchet, those of his second marriage assumed the name Audley. A
loyal supporter of the Lancastrian King Henry VI, Lord Audley had
raised 10,000 men on behalf of the King and was slain at the battle of
Blore Heath, Shropshire, on 23 September 1459. [1]
There is no clear record of Sir Humphrey's birth. The Visitation of
Norfolk in 1563 noted "Sir Humfrey Awdeley, Knight, eldest son by the
2nd wife." [2] Although he was the eldest of the three sons borne of
this marriage, he also had four sisters, one or more of whom could
have been born before him. At best, one can say he was born in or
shortly after 1430.
The first mention of him I have found was in a charter of 13 February
1455 wherein John Tuchet granted to his father, James Tuchet, Lord
Audley the manor of Lycombray and associated lands in Great Aston,
Shropshire for life, with remainder to his [John's] son Humphrey. [3]
On 8 July 1461, there is recorded a "Grant for life to Humphrey
Audeley, king's esquire, of the constableship of the king's castle of
Suthampton [i.e. Southampton], with fees as in the last year of Edward
III and the first of Richard II." [4]
About 1461, Humphrey Audley married, as her 2nd husband, Elizabeth,
daughter of Sir Philip Courtenay, of Powderham, Devonshire and his
wife Elizabeth Hungerford. She was the widow of Sir James Luttrell
(1426/7-1461), a devout supporter of the House of Lancaster, who died
of wounds five days after the Second Battle of St. Albans, 17 February
1461. [5]
As Lord of the manor of Little Whelnetham, co. Suffolk, Humphrey
Audley presented to its church on three occasions- Stephen Porter on 1
June 1463, Robert Mawe on 12 May 1467 following the death of Porter,
and Robert Leyott on 1 March 1468. On the latter two occasions
Humphrey Audley, as patron, was still an Esquire. [6] In 1463 he also
held his first court for the Manor of Middleton, co. Suffolk, which
had come to him through his mother. [7]
On Saturday, 4 May 1471, the Lancastrian (red rose) forces commanded
by Edmund Beauford, 4th Duke of Somerset, supporting the intention of
Queen Margaret, wife of Henry VI, to place her son, Edward, Prince of
Wales, on the throne, engaged the Yorkist (white rose) forces of King
Edward IV at the confluence of the Avon and Severn rivers in what
became known as the Battle of Tewkesbury. When the Lancastrian center
broke under the onslaught of King Edward's division, the Lancastrian
army disintegrated. It was every man for himself. Sir Humphrey
Audley was among a small group of nobles who sought sanctuary in
nearby Tewkesbury Abbey. Two days later, on Monday, 6 May, those
within the abbey were removed and brought to trial before a military
tribunal presided over by the Duke of Gloucester, as Constable of
England and the Duke of Norfolk, as Marshal of England. They were
condemned to immediate execution as traitors and rebels. The sentence
was carried out that same day and all were beheaded on a scaffold in
the center of Tewkesbury. [8] The Duke of Somerset was the first to
climb the scaffold, followed by John Langstrother, the Prior of the
Order of St. John, and then Sir Humphrey Audley. King Edward spared
their bodies' dismemberment or setting up and licensed them for
burial. [9] Sir Humphrey Audley was buried close to the altar of St.
James in Tewkesbury Abbey, in a space that he shared with Thomas
Courtenay, 16th Earl of Devon, who had died in the battle. [10]
It is curious to note that Sir Humphrey's brother-in-law, John
Courtenay, fought on the side of the Yorkists at Tewkesbury and was
rewarded for his services.
On 23 July 1471 a writ of diem clausit extremum was directed to the
escheator in Devonshire following the death of Sir Humphrey Audley.
[11]
With his death, the position of constable of Southampton Castle became
vacant and nine months later, on 15 February 1472, it was recorded
"Grant for life to the king's knight Maurice Berkley of the office of
constable of the king's castle by the town of Southampton, void by the
death of Humphrey Audeley..." [12]
On 6 February 1475, Sir Humphrey's brother, Sir John Audley,
petitioned the King for the wardship and marriage of Sir Humphrey's
son, John, and should he die before the age of 21, for the marriage of
his daughter, Jane, who was within the age of 14. In addition he
asked for custody of Sir Humphrey's manors of Karleton [Carlton],
Midilton [Middleton], Clopton, Cokefield, Fennehalle, and
Whelleweteham [Whelentham], co. Suffolk, which the King had intended
on rewarding certain persons with, but to whom Sir John had already
paid 600 marks, hoping to secure possession of these manors. The King
consented. [13]
Sir Humphrey's wife, the twice widowed Dame Elizabeth, married a 3rd
husband, Thomas Malet, and engaged with him in a legal dispute with
her son of her 1st marriage, Hugh Luttrell, with regard to land and
personal property. The matter was eventually resolved to everyone's
satisfaction and Dame Elizabeth, dying on 1 September 1493, was buried
before the high altar at Dunster Church in Somersetshire. [14]
Sir John Audley, as has been said, obtained possession of the lands of
his brother Sir Humphrey in 1475, but did not retain them
indefinitely. By 8 November 1488, Sir Humphrey's son and heir, John,
was in possession of the manors of Clopton, Sweneland and Cokefield,
co. Suffolk granting them to John Bloys, clerk. [15] At some point
the manor of Little Whelnetham also came to him and by a fine of 9
July 1498, Sir John Audeley and wife Miriel sell the manor and its
belongings for £ 200. [16]
Notes
1. The Complete Peerage, "Audley," vol. 1, p. 341.
2. The Visitations of Norfolk, 1563, 1589, and 1613. Harleian Society
Publications, v. 32, London, 1891, p. 10.
3. Calendar of the Close Rolls, 1454-61, p. 54.
4. Calendar of the Patent Rolls, 1461-67, p. 21.
5. Lyte, Sir H. C. Maxwell, K.C.B. A History of Dunster and of the
Families of Mohun & Luttrell. The St. Catherine Press, Ltd.: London,
1909, p. 127. On 13 Jan 1440/1, a license was issued by the Bishop of
Exeter for the marriage of James Luttrell, esquire and Elizabeth,
daughter of Sir Philip Courtenay, knight, in the chapel of Powderham
manor house. Register of Edmund Lacy, Bishop of Exeter, vol. 2, p.
225, Devon & Cornwall Record Society Publications, vol. 10 [1966].
6. Sydenham, Henry Augustus Hervey. Great Whelnetham Parish
Registers, 1561 to 1850, Little Whelnetham Parish Registers, 1557 to
1850: with historical and biographical notes, illustrations, map and
pedigrees. Suffolk Green Books No. XV. Bury St. Edmunds: Paul &
Mathew, 1910.
7. Copinger, W. A. The Manors of Suffolk. 4 vols. Taylor, Garnett,
Evans & Co., Ltd.: Manchester, 1905-09, vol. 2 [1908], p. 125.
8. Hammond, Peter W. The Battles of Barnet and Tewkesbury, New York:
St. Martin's Press, 1990, p. 97-101.
9. Warkworth, John, D.D. The Warkworth Chronicle: A Chronicle of the
First Thirteen Years of the Reign of King Edward the Fourth. Camden
Society. London: John Bowyer Nichols and Son, 1839, p. 18.
10. Rushforth, G. McN. "The Burials of Lancastrian Notables in
Tewkesbury Abbey after the Battle, A.D. 1471." Transactions of the
Bristol and Gloucestershire Archaeological Society, vol. 47 [1925], p.
131-49.
11. Calendar of the Fine Rolls, 1471-85, p. 1-2.
12. Calendar of the Patent Rolls, 1467-77, p. 309.
13. Calendar of the Patent Rolls, 1467-77, p. 483-84. These same six
manors were in possession of Richard Beauchamp, Earl of Warwick, in
right of his wife Isabel, only daughter and heiress on the death of
her brother Thomas, Lord Despencer, in 1414 and on which a fine was
levied in 1430. For which latter see Rye, Walter. A Calendar of the
Feet of Fines for Suffolk, 1900, p. 292.
14. Lyte, A History of Dunster, op. cit., p. 130.
15. Calendar of the Close Rolls, 1485-1500, p. 104.
16. Sydenham, Great Whelnetham…, p. 287-288.
The Issue of Sir Humphrey Audley and Lady Elizabeth Courtenay
Sir Humphrey Audley, perhaps not anticipating the outcome of this
battle, appears to have died without a will. Neither the Prerogative
Court of Canterbury, the Court of the Diocese of Norwich, or the
Archdeaconry of Suffolk has record of such an instrument not of an
estate administration. And, because all of his property was taken
into the hands of the King, there appears to have been no Inquisition
Post Mortem, at least none that I could find. Consequently, the
identification of his children has depended upon a variety of
substitute records, --
1. Calendar of the Patent Rolls, 1467-77, p. 483-484, cited
previously, wherein are named Sir Humphrey's son, John, and daughter
Jane.
2. The Visitation of Norfolk in 1563, Harleian Society Publications,
vol. 32, London, 1891, p. 10, pedigree of Awdeley. Therein are named
as children of Sir Humphrey- Sir John Awdeley and two unnamed
daughters, one married to Hadley of Somerset and the other to
Stewkeley of Devonshire.
3. The Visitations of the County of Somerset in the Years 1531 and
1573, edited by Frederic William Weaver, Exeter: W. Pollard, 1885, p.
43, pedigree of Luttrell and p. 77, pedigree of Sidenham. Therein,
the former names as children of Sir Humphrey- Sir John and Elizabeth.
The latter incorrectly calls Elizabeth's father Sir Hugh Audley.
1. JANE AUDLEY. Cited in no. 1, above. Undoubtedly the eldest
child, was born about 1461, being called "within the age of 14" in the
Patent Roll of 6 Feb 1475. There is no record of what became of her.
2. Sir JOHN AUDLEY. Cited in nos. 1, 2, 3, above. Lord of Cokefield
and Wytellisham, co. Suffolk. He was apparently the only son and
therefore the intended heir to his father's estates. He died 18 April
1529 and was buried in Swaffham Church, co. Norfolk. His Inquisition
Post Mortem was taken at Henhow, co. Norfolk, 25 Sept. 1531, and at
Ipswich 19 Jan 1545/6. His will of 12 Jan 1526, was admitted for
probate 6 June 1532 in the Prerogative Court of Canterbury (15
Thower).
Married 1stly, before 10 Feb 1489- Muriel, daughter of Sir Thomas
Brewse, of Wenham, co. Suffolk. By her, Sir John had issue- Richard,
Robert, Thomas and Philip.
Married 2ndly- (settlement dated 27 Jan 1507/8) Elizabeth, widow
of Thomas Blake, Esq. In her will of 30 April 1541, proved 14 Jan
1541/2 in the P.C.C. (1 Spert), she desired to be buried in the church
of Swaffham Market.
3. PHILIPPA AUDLEY. Cited in 2, above, as the unnamed daughter
married to ……. Hadley. She was probably the namesake of her
grandfather, Sir Philip Courtenay, of Powderham, Devonshire.
Married before 1494/5- Richard Hadley, of Withycombe and
Heathfield, Somersetshire, who died Sept 1524. Their
great-granddaughter, Margaret Hadley, and her husband, Thomas
Luttrell, received a dispensation to marry, due to their relationship
in the 3rd and 4th degrees. Both husband and spouse were descended
from Elizabeth Courtenay, the former by her 1st husband, Sir James
Luttrell, and the latter by her 2nd husband, Sir Humphrey Audley.
The dispensation was issued by the Cardinal of St. Angelo, Papal
Penitentiary, at St. Peter's, on 28 Nov 1558. Their son, James
Hadley, was born 1494/5 and died 20 Feb 1537 leaving a will proved in
the PCC (3 Dyngeley) wherein he names his parents as Richard and
Philip Hadley and makes a donation on their behalf to Withycombe
Church.
4. ELIZABETH AUDLEY. Cited in 3, above. She was dead before 8 Oct
1530, on which date her husband and Joan, his 2nd wife, presented to
the chantry of Our Lady in the church of Longe Aston, Somersetshire
(Register of John Clerke, Bishop of Bath and Wells, 1523-1541, in
Somerset Record Society Publications, vol. 55 [1940], p. 61).
Married before 1494- John Sydenham, of Brympton, Somersetshire.
Sydenham was sheriff of Somerset in 1505 and a Justice of the Peace
from 1506 to 1509 and died 7 Dec 1542 leaving a will dated 3 Apr 1540,
which was proved 11 Apr 1543. His IPM was held 25 Nov 1544.
a. Sir JOHN SYDENHAM. Born by 1494, being aged "50 and upwards"
at the IPM of his father, the only child of his parents; died 16 April
1557. By a deed of 26 May 1534, his father, as John Sydenham, senr.,
granted him Brympton and other manors as his son and heir apparent,
John Sydenham, jun. By a deed of 7 July 1538, his father made a
settlement upon himself and Joan (his 2nd wife), and after their
deaths upon Richard, Walter and Thomas, their sons, with remainder to
Elizabeth and Joan, their daughters. For these latter two deeds see
Batten's South Somerset Villages, by John Batten, F.S.A., Somerset
Books, p. 54.
In 1626, John Sydenham (1589-1627), of Brympton, erected a marble
monument in the parish church of Brympton to the memory of his father,
Sir John Sydenham, who died in 1625/6, and was the grandson of the
above Sir John. Engraved on all sides of the monument are the arms of
the ancestral families of Sydenham. Included amongst them, on the
southside of the tomb are three shields, the first containing
Sydenham, Kittisford, Dalingrige and Stourton, the latter impaling
Touchet, Audley, Gifford, Clifford, Martin and Braose. (Cameron, A.
T., ed. The History of the Sydenham Family, East Molesey: E. Dwelly,
1928.)
[5]. DAUGHTER. Cited in 2, above, as the unnamed daughter married to
Stewkeley of Devonshire. She was, in fact, the daughter of Sir
Humphrey's wife, Elizabeth, by her 1st husband, Sir James Luttrell.
The Visitation of Somerset, no. 3, above, also names her Elizabeth,
and notes she was married to George Stewkley. The Visitation of
Hampshire in 1530, 1575 and 1622-34 (Harleian Society Publications,
vol. 64 [1913], p. 218-19), in its pedigree of Stewkley refers to the
wife of George Stewkley as "Joane, d. of Sr James Luttrell of Dunstar
in Co. Som. Knt." Stewkley died in 1508.
In summary, I believe the foregoing establishes that Elizabeth
Courtenay married 1stly, via license of the Bishop of Exeter, James
Luttrell, later a knight, and through the Papal Dispensation of 1558
and the Visitation of Somerset, 2ndly, Sir Humphrey Audley. That the
Visitation of Somerset records they had, among other children, a
daughter named Elizabeth, who was the wife of John Sydenham, of
Brympton, Somerset, which is further supported by the armorial
bearings on the tomb of their great-grandson, Sir John Sydenham, which
tomb was built in 1626.
As always, I welcome any discussion.
Ronny Bodine