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Notes for John Drax and Margaret Barley

1391 King Richard appointed John Drax one of his serjeants-at-arms. [1]

Oct. 9. Westminster. Grant, by the advice of the Council, to John Drax that he be for life one of the king's thirty serjeants-at-arms ordained by the Parliament lately held at Westminster, and grant to him 12d. a day, as other serjeants-at-arms of the king have, which he is to receive at the time and place agreed by the Council. By p.s.

1392/93 "Jan. 2. Eltham. Grant, for life, to John de Drax, one of the king's serjeants-at-arms, of a robe yearly about Christmas time, as others in that office have. By p.s. Mandate in persuance to the keeper of the Great Wardrobe." [2]

1393 "May 11. Westminster. Grant, for life, to the king's serjeant-at-arms John Drax of 12d a day for his office, from the issues of the county of York instead of at the exchequer, as granted by letters patent dated 4 March in the fifteenth year, in fulfilment of others dated 9 October in the fifteenth year, now surrendered. By p.s." [3]

1399 John Drax and his wife Margaret were granted a Papal indulgence on April 18. [4]

Indults to the underwritten persons that the confessor of their choice may grant them, being penitent, ... plenary remission as often as they please. All are dated at St. Peter's, Rome. ...
Id. May. ... John de Drax alias Falas, donsel, nobleman, and Margaret his wife, noble woman, of the diocese of York. (De mandato.)

1400 [5]

Nov. 5. Westminster. Inspeximus and confirmation of the following:--
1. Letters patent dated 11 may, 16 Richard II, granting for life to John Drax wages of 12 d. daily.
2. Letters patent dated 2 January, 16 Richard II, granting to him for life a robe yearly.
3. Letters patent dated 4 April, 20 Richard II, granting to him for life 16 l. 13s. 4d. yearly.
4. Letters patent under the great seal of Ireland attested by Edmund de Mortuo Mari, lieutenant of Roger fe Mortuo Mari, earl of March and Ulster, lieutenant of Ireland, at Naas, 24 April, 21 Richard II, granting for life to him and Margaret his wife 16 l. 13s. 4d. yearly from the fee farm of the city of Waterford, without any compulsion to pay two parts or any parcel of the same. By p.s. and for 20s. paid in the hanaper.
Mandate in pursuance to the mayor and bailiffs of Waterford.

1402 Robert Morys quitclamed land to John de Drax and Margaret his wife. [6]

Membrane 36d.
Robert Morys to John de Drax serjeant at arms and Margaret his wife and to the heirs and assigns of John de Drax. Quitclaim with warranty of all the lands, rents and services in Gressebroke and Nethirhalgh co. York which they have by gift of the said Robert. Dated Westminster, Wednesday after Michaelmas 4 Henry IV.
Memorandum of acknowledgment, 4 October.

1402 "Dec. 7. Westminster. John Conestable knight of Halsham to John Drax serjeant at arms. Recognisance for 9l., to be levied etc. in Yorkshire." [7]

1412/13 The king reaffirmed a payment for life to John de Drax and his wife Margaret. [8]

Feb. 1. Westminster. To the mayor and bailiffs of Waterforde in Ireland for the time being. Order of the fee farm of that city henceforward to pay to John de Drax one of the king's serjeants at arms and Margaret his wife 16l. 13s. 4d. a year, which the late king by letters patent under the great seal of Ireland granted them for their lives and the life of the longest liver, further granting that they nor either of them should by reason of absence from Ireland be bound or compelled to pay two thirds or any part thereof for support of the war in Ireland by virtue of any ordinance in parliament made before that time; as by letters patent of 5 November 1 Henry IV under the great seal of England the king confirmed that grant, commanding the mayor and bailiffs for the time being by writ patent under the same seal to pay the said sum as aforesaid, and the arrears since 5 November aforesaid, as by inquisition of the chancery rolls the king is assured; and in the parliament holden at Westminster on Monday the quinzaine of St. Hilary 27 January 11 Henry IV order was made that for three years next following all profits and revenues from Ireland arising due to the king should be levied and received by officers and ministers to him accountable, and applied to pay the wages of his hired soldiers there, or that persons who had such profits etc. by gift of the king or of the late king should there keep residence according to their estate so far as the same might suffice, for defence of the land and in part discharge of the king's costs; and those three years are complete and ended.

1413 "April 2. Westminster. To the constable of the Tower of London and his lieutenant. Order to receive by indenture certain Scots whom John Drax serjeant at arms shall deliver on behalf of the king, and to keep them in custody in the Tower until further order. By K." [9]

1413 "April 14. To the constable of the Tower of London or his lieutenant. Westminster. Order without taking of them this time any fee to set free all Scots delivered to their custody by indenture by John Drax serjeant at arms at command of the king. By K." [10]

1416 The King reaffirmed a payment for life to John Drax. [11]

Jan. 8. Westminster. To the sheriff of York for the time being. Order, notwithstanding the preference of 10,000l. given to the king in the parliament holden at Westminster in 1 Henry V, every year during his life to pay to John Drax one of the king's serjeants at arms 12d. a day and 16l. 13s. 4d. a year, and to pay him the arrears since Michaelmas last; as by letters patent of 11 May 16 Richard II, confirmed by the king 12 June 1 Henry V, that king with assent of his council granted to John Drax for life by reason of his office 12d. a day wages by the sheriff's hands, and by other letters patent of 4 April 20 Richard II, likewise confirmed, 16l. 13s. 4d. a year of the issues, profits, farms and revenues of the county. By K.

1417 John Drax acquired land in Suffolk. [12]

Roger Whelpdale clerk provost of the college of the Queen's Hall in Oxford, Robert Whitehede esquire, John Burgoyene of Cambridgeshire and John Landwade of Multon co. Suffolk to William Purs of Mildenhale co. Suffolk and William Barweby of Yorkshire. Letter of attorney, appointing them to give John Drax serjeant at arms, John Riche of London 'brewer' and the heirs and assigns of John Drax seisin of all the lands, rents and services in the parish of Mildenhale which the provost and the others had by feoffment of Thomas de Skelton knight. Dated London, 11 November 5 Henry V.
Memorandum of acknowledgment by the said Roger, Robert and John Burgoyene in chancery at Westminster, 24 November; and by John Landwade at Ixworth 17 January, before the prior of Ixworth, by virtue of a dedimus potestatem which is on the chancery file for this year.
...
Roger Whelpdale clerk provost of the college of Queens Hall in Oxford, Robert Whitehede esquire, John Burgoyne of Cambridgeshire and John Landwade of Multon co. Suffolk to John Drax sergeant at arms and John Ryche of London 'brewer,' and to the heirs and assigns of John Drax. Charter of sale and feoffment of all the lands, rents, services etc. in the town and parish of Myldenhale co. Suffolk which the grantors had by feoffment of Thomas de Skelton knight. Witnesses: Thomas Aleyn, Master Robert Wombewelle clerk of London, John Lancastre esquire of Suffolk. Dated London, 11 November 5 Henry V.
Memorandum of acknowledgment, by the said Roger, Robert and John Burgoyne in chancery at Westminster 24 November, and by John Landwade at Ixworth 17 January before the prior of Ixworth, by virtue of a dedimus potestatem which is on the chancery file for this year.

1418/19 John Landwade quitclamied land in Suffolk to John Drax. [13]

John Landwade of Milton co. Suffolk to John Drax serjeant at arms and John Riche of London brewer, and to the heirs and assigns of John Drax. Quitclaim of all lands, rents and services in the town and parish of Mildenhale co. Suffolk which John Landwade, Master Roger Whelpdale provost of the Queens Hall Oxford, Robert Whithede esquire and John Burgoyene of Cambridgeshire had by feoffment of Thomas de Skelton knight. Witnesses: John Haraas, Guy Lambholm, William Purs, John Speede, John Bakhoot. Dated Mildenhale, Sunday after St. Hilary 5 Henry V.
Memorandum of acknowledgment at Ixworth 23 January this year before the prior of Ixworth, by virtue of a dedimus potestatem which is on the chancery file for this year.

1419/20 A deed of Isabel, widow of Thomas Barley was acknowledged.[14]

Writing of Isabel who was wife of Thomas de Barley, reciting her charter of 5 April 11 Henry IV, whereby she gave to Edmund Fitz William, Thomas de Wekersley parson of a mediety of Derfelde, William de Shirwode and John Croke chaplain and to their heirs her manor of Wodhalle by Wombewelle with the advowson of a mediety of Derfelde church, her manor of Hymelton and all her lands etc. in Gresbroke and Derfelde, under a condition upon livery of seisin declared, namely that upon the request of her or her heirs those feoffees should again enfeoff her or her heirs of the premises without condition or gainsaying, acknowledging and affirming that charter, stating that she is informed by report of many that certain evil minded persons, by false and subtle imagining of malice contriving her disherison, and supposing that she had not recovered from a grievous infirmity but was thereof dead, so that she would never have knowledge of their fraud and malice to bear testimony against them for the truth, without her knowledge did falsely and maliciously forge a charter dated Sunday after the Conversion of St. Paul 1 Henry V containing a gift from her to Robert de Waterton, John de Waterton, John de Drax esquires, Thomas de Wekersley rector of a mediety of Derfelde, John Croke chaplain and John Tilney of Wath, their heirs and assigns, of the lands and advowson aforesaid, by name of all her lands in Derfeld, the advowson of a mediety of the said church, and her lordship and all her lands in Little Halghton, also a letter of attorney in her name to give them seisin of the same to her disherison, and did publish abroad that charter and livery of seisin, and by another untrue writing of the same date made in her name did recite the same, and did thereby declare that the conditions of such livery were that her will was to have during her life the rent and profit of the premises, and that after her death John de Drax should have a moiety of the tenements in Derfelde entailed, and the residue should be sold by appointment of the said Robert, Thomas and John Croke, and that of the lands etc. in Halghton a chantry should be by them founded in the parish church of Derfelde, declaring that these are all forgeries, and hereby revoking the same that her heirs be not unlawfully troubled nor impleaded thereby, and declaring her intent and final will that she and her heirs shall have the premises in Little Halghton therewith to deal as they please, and that the feoffment to the said Edmund and the others made of the lands and advowson in Derfelde and other tenements shall remain in force. Dated 20 November 6 Henry V.
Memorandum of acknowledgment at Wodhalle by Wombewelle co. York on Sunday after St. Hilary before Thomas Hunt, by virtue of a dedimus potestatem which is on the chancery file for this year.

1420 John Bosvyle was bound to settle a dispute with John Drax. [15]

July 8. Westminster. John Bosvyle of Erdesley co. York esquire to the king. Recognisance for 100l., to be levied etc. in Yorkshire.* Condition, that before three weeks after Michaelmas next a fine and concord of peace, to be reported to the chancellor by John Drax, may be had between John Drax one of the serjeants at arms and John Bosvyle, by themselves or by mediators to be chosen in that behalf, in respect of all disputes at suit of John Drax contained in a bill which is upon the chancery file, otherwise John Bosvyle shall under the said pain appear in person in chancery in order then to answer touching the same and other matters which shall be laid against him on behalf of John Drax.
John Bosvyle (as above) to the king. Recognisance for 100 marks, to be levied etc. in Yorkshire.* Condition, that before the Nativity of the Virgin next he shall before Richard Norton one of the justices of the Common Bench, whensoever he shall come into Yorkshire, find security under a pain to be laid upon him at the discretion of the said justice for William Bosvyle, Thomas Bosvyle, Edmund Bosvyle, Robert Bosvyle and John Bosvyle the younger, his sons and at present under his governance, that they shall do or procure no hurt or harm to John Drax one of the serjeants at arms, his wife, sons, men, tenants or servants, and that he shall appear in person in chancery and find such security three weeks after Michaelmas next, if the said justice come not thither before the day aforesaid.
*Tested by Humphrey duke of Gloucester, guardian of England.

1423 A yearly payment and arrears from Waterford in Ireland to John de Drax and his wife Margaret was affirmed. [16]

June 16. Westminster. To the mayor and bailiffs of the city of Waterforde in Ireland for the time being. Order by advice of the council to pay to John de Drax and Margaret his wife or to their attorney, 16l. 13s. 4d. a year for their lives, and the arrears thereof; as on 28 December last the king confirmed letters patent, confirmed by King Henry IV and by the late king, whereby for the good service of John Drax his esquire, one of his serjeants at arms, King Richard II gave to him and the said Margaret for their lives and the life of the longest liver 16l. 13s. 4d. a year of the fee farm of that city. By p.s.

1425 The sheriff of York was ordered to carry out the provisions of a property dispute between John Drax and John Bosvyle concerning land inherited by their wives was settled. [17]

July 8. Westminster. To the sheriff of York. Order to give John de Drax and Margaret his wife, John Bosvylle esquire and William Bosvylle seisin of their respective purparties of the manors of Wodehalle and 'Heghmelton' and of lands in Derfelde, Wombewelle, Grisbrok, Burton, Gaytforde, Brayton, Selby and Lounde; as at the petition of the commons in the parliament holden at Westminster 1 December 9 Henry V, averring an agreement between John Bosvylle esquire and Mary late his wife on the one part and John de Drax a serjeant at arms and Margaret his wife on the other part, namely that John Bosvylle should make a partition into two equal parts of the said manors and lands, late of Thomas de Barley and Isabel his wife father and mother of Mary and Margaret, whose heirs they are, the advowson of a mediety of Derfelde church and a tenement there called 'Gilesplace' excepted, that by colour thereof he did unlawfully make a partition contrary to law and the agreement, namely of divers houses upon those manors by the backs thereof, and likewise of divers parcels of land, meadow and wood, parcel of the premises, to deceive John de Drax and Margaret, so that they should not have full knowledge of their purparty, wherefore knowing that by reason of this subtle partition they might not recognise their several lands, with the strong hand contrary to law and reason he did thrust them out of all that to them did pertain, and did long disturb them so that they might take no profit thereof, in consideration whereof, and because John Bosvylle had great kinship and alliance of great men dwelling near the premises, so that John de Drax and Margaret might not have what justice and law required although willing to sue for remedy by the common law, they did pray that the chancellor for the time being should by authority of parliament have power by writs of the king, such and so many as should be needful, to cause John Bosvylle, tenant by the courtesy of England after his wife's death, her heirs, John de Drax and his wife to come before him, at his discretion to make a lawful partition of the said manors and lands, of the said advowson, and also of the manor of Wath called 'Thornylhalle' and all lands, rents and services of the said Thomas and Isabel and of either of them, any agreement or security between the parties heretofore made and the unlawful partition aforesaid notwithstanding, and to appoint a remedy as well for 500l. wherein John Bosvylle was bound to John de Drax and Margaret by the said agreement as for all wrongs and damages brought upon them; and with assent of the lords spiritual and temporal in that parliament order was made that the petition should be sent into chancery, and that the chancellor should have power so to do, and willing that such order should take effect and justice be done, the king by writ ordered the sheriff to give several notice to John Bosvylle, William Bosvylle son and heir of the said Mary, John de Drax and Margaret his wife to be in chancery at a day now past to shew cause wherefore a lawful partition ought not to be made at the discretion of the chancellor as aforesaid, and the sheriff returned that he gave them severally notice by John Hopkynson, William Yole, both of Gresbroke, William Hunter and John Houselay, both of Wath; and at that day John de Drax and Margaret appeared by John Shawe their attorney, and John Bosvylle and William Bosvylle came not, wherefore the chancellor by authority of parliament made a partition of the premises by their default, and decreed and assigned to John de Drax and Margaret to her purparty the manor of 'Wodhalle' extended at 16l. a year, lands, rents and services in Derfelde at 36s., in Wombewelle at 36s., in Wyrkyrborgh at 3s., in Erdeslay at 3s., and in 'Monkbretton' at 2s., the moiety of a moiety of the manor of Little Halton at 72s. 10d., the site of the manor of Wath called 'Thornelhalle' at 6s., eight bovates of land therein at 32s., 12 acres of wood at 2s., 30s. of rent of divers freeholders in Wath and Bramptonbyrelawe at 30s. a year, and the advowson of the moiety of a mediety of Derfelde church, namely the second presentation, extended at 50 marks, as is found by an extent made before John Daweney and the sheriff by virtue of a commission to them and to Thomas Banke, Guy Fairfax and Alexander Aune, assigning to John Bosvylle and William Bosvylle the manor of 'Heghmelton' extended at 13l., a fourth part of the manor of Gresbroke at 6 marks, two messuages, nine tofts, sixteen bovates of land, a close and 6 acres of land in Burton at 27s., a messuage, three bovates of land and three closes in Gaytforde at 24s., 3s. of rent of tenants in Lounde at 3s., two closes in Brayton at 3s., a messuage in Selby at 3s., the moiety of a moiety of the manor of Little Halton at 72s. 10d., two bovates of land in the manor of Wath at 8s., 30 acres of meadow therein at 32s., 30s. of rent of divers freeholders in Wath and Bramptonbyrelawe at 30s. a year, and the advowson of the moiety of a mediety of Derfelde church, namely the first presentation, extended at 50 marks.

1426 "June 24. Westminster. John de Drax, esquire, oneof the king's serjeants-at-arms, staying in England, has letters nominating Hugh Bavent, clerk, and John Blakton, his attorneys in Ireland for one year. Thomas Smyth, clerk, received the attorneys." [18]

1428 "Oct. 16. Westminster. Margaret, late the wife of John de Drax, esquire, one of the king's serjeant-at-arms, staying in England, has letters nominating Hugh Bavent, clerk, and John Blakton, herattorneys in Ireland for two years." [19]

1434 Administration of the estate of Dame Margaret Drax, Wodhall, was granted on April 6 in the Exchequer and Prerogative Court of York (Vol. 3, fol. 377). [20]

1442 Administration of the estate of Sir Thomas Drax, Chaplain, and (Margaret) his mother, was granted on June 2 in the Exchequer and Prerogative Court of York (Vol. 2, fol. 39). [21]

Research Notes:

The Drax pedigree in Visitations of the North states, [22]

John, sonne and heire [of Richard] and sergeant at armes unto Kinge Richard the second maryed Margaret [dowghter] and one of the heires unto Thomas Barlaye of Woddesom and Isabell his Wyf, dowghter and heire unto John Fitzwilliam of Wodhall, and had yssu Robert sonne and heire, Thomas second sonne died withowte yssu, Richard third sonne died withowte yssu.

The Visitation of Yorkshire states that John Drakes son & heyr [of Rychard Drakes], Sergent at Arms to Kyng Richard the Second" married "Margaret on of the doughters of & heyrs of Thomas Barley of Woodersome & Izabel his wyf doughter & heyr of John Fitz William of Woodhall, Lyncoln." and that they were the parents of Robert Drakes. [23]

The Visitation of Yorkshire states that "John Drakes Sergent at Lawe" married "Margaret Barley second doughter & on of the heyres parentum." [24]


Footnotes:

[1] Calendar of the Patent Rolls, Richard II, Vol. 4, 1388-1392 (London: HMSO, 1902), 486, [GoogleBooks], [InternetArchive], [HathiTrust].

[2] Calendar of the Patent Rolls, Richard II, Vol. 5, 1391-1396 (London: HMSO, 1905), 206, [InternetArchive], [GoogleBooks], [HathiTrust].

[3] Calendar of the Patent Rolls, Richard II, Vol. 5, 1391-1396 (London: HMSO, 1905), 274, [InternetArchive], [GoogleBooks], [HathiTrust].

[4] W. H. Bliss and J. A. Twemlow, eds., Calendar of entries in the Papal Registers Relating to Great Britain and Ireland, Papal Letters, Vol. 5, 1396-1404 (London: HMSO, 1904), 226, citing Lateran Regesta 68, [HathiTrust].

[5] Calendar of the Patent Rolls, Henry IV, Vol. 1, 1399-1401 (London: HMSO, 1908), 81, [HathiTrust], [InternetArchive].

[6] A. E. Stamp, ed., Calendar of Close Rolls, Henry IV, Vol. 2, 1402-1405 (London: HMSO, 1929), 119, [HathiTrust].

[7] A. E. Stamp, ed., Calendar of Close Rolls, Henry IV, Vol. 2, 1402-1405 (London: HMSO, 1929), 122, [HathiTrust].

[8] A. E. Stamp, ed., Calendar of Close Rolls, Henry IV, Vol. 4, 1409-1413 (London: HMSO, 1932), 384-385, [HathiTrust].

[9] A. E. Stamp, ed., Calendar of Close Rolls, Henry V, Vol. 1, 1413-1419 (London: HMSO, 1929), 6, [HathiTrust].

[10] A. E. Stamp, ed., Calendar of Close Rolls, Henry V, Vol. 1, 1413-1419 (London: HMSO, 1929), 8, [HathiTrust].

[11] A. E. Stamp, ed., Calendar of Close Rolls, Henry V, Vol. 1, 1413-1419 (London: HMSO, 1929), 255, [HathiTrust].

[12] A. E. Stamp, ed., Calendar of Close Rolls, Henry V, Vol. 1, 1413-1419 (London: HMSO, 1929), 448 and 450, [HathiTrust].

[13] A. E. Stamp, ed., Calendar of Close Rolls, Henry V, Vol. 1, 1413-1419 (London: HMSO, 1929), 520-521, [HathiTrust].

[14] A. E. Stamp, ed., Calendar of Close Rolls, Henry V, Vol. 1, 1413-1419 (London: HMSO, 1929), 526-527, [HathiTrust].

[15] A. E. Stamp, ed., Calendar of Close Rolls, Henry V, Vol. 2, 1419-1422 (London: HMSO, 1932), 117, [HathiTrust].

[16] A. E. Stamp, ed., Calendar of the Close Rolls, Henry VI, Vol. 1, 1422-1429 (London: HMSO, 1933), 40, [HathiTrust].

[17] A. E. Stamp, ed., Calendar of the Close Rolls, Henry VI, Vol. 1, 1422-1429 (London: HMSO, 1933), 177, [HathiTrust].

[18] H. C. Maxwell Lyte, ed., Calendar of the Patent Rolls, Henry VI, Vol. 1, 1422-1429 (London: HMSO, 1901), 344, [HathiTrust].

[19] H. C. Maxwell Lyte, ed., Calendar of the Patent Rolls, Henry VI, Vol. 1, 1422-1429 (London: HMSO, 1901), 502, [HathiTrust].

[20] F. Collins, ed., Wills in the York Registry, 1389-1514, The Yorkshire Archaeological and Topographical Association, Record Series, Vol. 6 (1889), 54, [GoogleBooks].

[21] F. Collins, ed., Wills in the York Registry, 1389-1514, The Yorkshire Archaeological and Topographical Association, Record Series, Vol. 6 (1889), 54, [GoogleBooks].

[22] Charles Henry Hunter Blair and Frederick Walter Dendy, eds., Visitations of the north, or, some early Heraldic Visitations of, and Collections of Pedigrees Relating to, the North of England, Part 2, Publications of the Surtees Society, Vol. 133 (Durham: Andrews & Co, 1921), 102, [FHLCatalog], [FHL].

[23] William Flower, The Visitation of Yorkshire in the years 1563 and 1564 (London: 1881), 103 in the Drakes pedigree (102-104), [InternetArchive].

[24] William Flower, The Visitation of Yorkshire in the years 1563 and 1564 (London: 1881), 28, of 27-30, Bosvyle pedigree, [InternetArchive].