George Agard, William Boughton, a Court Case & a Muddy Ancestry (Revised post)

George Agard, William Boughton court case document

George Agard, William Boughton court case document





Agard Boughton Court Case Transcription Rev 1

This post focuses on the pedigree of the Sutton-Malory-Boughton-Allesley-Agard family detailed in the legal document above (Available from UK National Archives: reference C 1/1495/7, Boughton v Malory), which was provided by George Agard and William Boughton in support of their lawsuit against Joan Malory in about 1495/1510.

First, I will explain what I understand of the pedigree, and secondly, I will explain what I think the actual pedigree is; I don’t think they are exactly the same.

The Document & the Case

What I understand of the document is that George Agard and William Boughton, cousins, were seeking restitution of lands originally owned by their ancestor, Henry Sutton, which they said were being inappropriately held by Joan Malory.

They explained that after Henry’s death, his property had been divided by two daughters, Margaret and Alianore.  The manor at Grene (unsure of location/county); and messuages and lands in Alvechurch, Worchestershire; Bylton (Bilton), Warwickshire; and Tansor and Barnwell, Northamptonshire, were allotted to Margaret in allowance for other lands and tenements to which Alianore was apportioned.

They stated that Margaret Sutton had married Simon Malory with whom she had a son, Robert.  After Simon’s death, Margaret remarried to William Featt.  After Margaret and William had died, the lands and tenements descended to Margaret’s son by Simon, Robert Malory.  That Robert had a son, Robert, but the younger Robert died without issue, and the use of the land reverted to George Agard and William Boughton as his cousins and heirs.

George explained that he was the heir of Margaret Agard, daughter and heir of “Geffrey Seyngermand”, who was the son and heir (I think the document reads this way, writing not clear) of Joan Seyngermand, who was one of the daughters and heirs of Alianore/Eleanor, who was daughter and heir of Margaret [Sutton] Featt.

William Boughton stated that he was the son and heir of Richard Boughton and of Elizabeth Allesley [she would be his grandmother], the other daughter and heir of Alianore/Eleanor Sutton Allesley.

Joan Malory, either the widow of Robert Malory, the son who had died without children, or his mother, had possession of the lands and refused to give them up.  George and William requested help from the court and the King.

I do not yet know how this case turned out.

What is interesting, however, is the pedigree given in the document and how it matches and doesn’t match other evidence on the family.  Below is the pedigree given in the court case as I understand it.

Family Tree per Legal Case (incorrect, I think):

I.  Henry Sutton, of Ditchford, Warwickshire and Averham, Nottinghamshire

m. Margaret (–?–)

1a.  Eleanor Sutton [no husband or family noted in document, but known via other sources to have married a Geoffrey Allesley, see below]

1b.  Margaret Sutton

  m2. William Featt

   m1. Simon Mallory

    2a.  Robert Mallory

  3a.  Robert Mallory, m(?).  Joan (–?–), no children

    2b.  Alianore/Eleanor Mallory m. Geoffrey Allesley of Little Lawford

  3a.  Joan Allesley m. (–?–) St. Germain

  4a.  Geoffrey St. Germain m. (–?–)

5a.  Margaret St. Germain m. Thomas Agard

6a.  George Agard, alive 1510

   3b.  Elizabeth Allesley m. [Thomas] Boughton

   4a.  Richard Boughton

  5a.  William Boughton, alive 1510

My Argument:

I think the problem lies in one word, probably a relationship misunderstood by the scribe or misstated during the case – Margaret Featt.  I think they meant Henry’s wife, Margaret (–?–) Sutton.

We can see by the wording used (see italics above), that both Elizabeth and Joan were daughters of Eleanor.  If the case centered around their descendants inheriting from Elizabeth and Joan’s ‘uncle’,  Robert Malory’s descendants, the complainants would not have needed to explain how Henry Sutton and wife, Margaret, had had two daughters; they wouldn’t have had to go back that far.  I think the court case is about land originally inherited by one daughter (Margaret) whose branch has has died out, which the heirs of the other daughter (Eleanor) are trying to claim.

Additionally, the Allesleys were noted as holding parts of Ditchford Frary, which had been held by Henry Sutton and was inherited by Alianore, not Margaret.  Per Antiquities of Warwickshire, in a document written at Little Lawford, Margaret, widow of Henry Sutton, granted Ditchford Frary to Geffrey and Alianore and the heirs of their bodies, with remainder to her daughter, Margaret, then widow of Edmund Dalby & the heirs of her body.  The article on Henry Sutton in History of Parliament Online also states that in Henry’s lost will, he was said to have divided his Warwickshire properties between his two daughters, supposedly by his first marriage, Eleanor and Margaret.

Below is how I believe the descendancy actually went:

Proposed Family Tree of Henry Sutton:

1.  Henry Sutton, of Averham, Nottinghamshire and Ditchford, Warwickshire,[1] (d. 1416-1417) [1]  Note: Henry Sutton possibly married a daughter of John Peyto, son of William, who had inherited rights to 1/4 of 3/4 of the Dichford Frary manor from Elizabeth, widow of John de Dichford.  Henry held the advowson to the manor church by 1391, as he presented a minister that year.  Other stories say he acquired the rights from a Thomas Blythe, who was said to have inherited his rights from the fourth daughter of John de Dichford, Agnes.  British History Online favors the connection through the Peytos.  I have no proof either way.  Henry was considered lord of the manor of Ditchford Frary by 1410, when he was named in a draft settlement of a resolution to a religious tithe controversy.[30]  Geoffrey Allesley and his widow, Margaret, were his executors.

m2. Margaret Hussey [1] and had additional children, three sons & three daughters, who inherited lands outside of Warwickshire[21].  This strengthens the argument that Henry’s first wife had brought lands to their marriage from Warwickshire.

m1. Margaret (Peyto?) [1] bef 1391? [1] (d. bef 1405?) [1]

2a. Alianore/Eleanor Sutton[2]/[3] (b. abt 1388?, d. 1472) [1]. m. Geoffrey/Galfrid Allesley [1] of Little Lawford[4], d. 1441[5]  In a document written at Little Lawford and dated on the feast day of St. Lawrence (year not noted but probably about 1426/27), Margaret, widow of Henry, granted Ditchford Frary to ‘Geffrey’ and Alianore and the heirs of their bodies, with remainder to her daughter, Margaret, then widow of Edmund Dalby & the heirs of her body.[6]

3a. Elizabeth Allesley[7] (b abt 1410?, d 1454[8]) m. Thomas Boughton[9] (abt 1410-1460)

4a. Richard Boughton (b1435-40 – 1485)[10] m. (–?–)

5a. William Boughton [37], (b. abt 1465?.  Alive abt 1495[11])

3b. Joan Allesley[12] (b abt 1410?) m. (–?–) St. Germain [12]   Joan was described as “one of the daughters and heirs” of Alianore.

4a. Geoffrey St. Germain [12] (b 1425-35[13], d 1485[14]) m. Mary (–?–)/Greville(?) [15])  Per his probate record, he enfoeffed Broughton manor to Richard Greville, Esq, who passed it to Geoffrey’s daughter, Margaret, when she came of age.[16]  There is no proof, however, that this Richard Greville was in any way a relation.  When property was enfoeffed, land holders often used trustees – lawyers, ‘large’ men in the community, neighbors, friends – as recipients of their lands rather than family members.  Another record shows that In 1497, Edward Grevile and others, including Thomas Agard’s brother, John, purchased Thomas Agard and Margaret St. Germain Agard’s land holdings for £1,000.  Again, there is nothing to say whether Edward was or was not related.  In general, the Grevile family does not appear in many records with Suttons, Allesleys or the St. Germains, leading me to believe there was not a strong connection between the families.  Geoffrey was said to have inherited some of the Allesley estate, probably the rights to a portion of Ditchford Frary, as his daughter and her husband were holding it in 1491.[17]  In 1472, Geoffrey was one of the executors for Eleanor [Sutton] Allelsey. [18]

5a. Margaret St. Germain [12] (b abt 1467[19]) m. Thomas Agard [19] in 1485 after he stole her from her father’s house.  In 1492, she and Thomas were holding part of Ditchford Frary, as they were sued by a Shukburgh for half of it.  In 1497, she and her husband sold the entire manor with other properties, so they owned it entirely by then.

6a. George Agard[20], (b abt 1486?[21], alive 1495 [11])

2b. Margaret Sutton, (b abt 1390?) [24]  When she and Alianore divided their father’s lands between them, Margaret received: the manor of Grene, land in Alvechurch (Worcs), land in Bylton (?) in Norfolk, and land in Tansor (Norths) and Barnwell (Norths).[22]  Note: John Holt, Knt, d. 1419, held half of Tansor (Norths) at the time of his death.[23]  I find no direct connection of a Sutton family in the history of the lands of the parish.[24]  However, Tansor was the subject of a legal battle for half the manor, 1393-1409:  Elizabeth Tindale, who was married to a John Sutton (?), who had died before the end of the case, argued half of the property was hers, the other half her sister’s.[25]  Could there be a connection to Henry via that?  Note 2: Margaret pressed a lawsuit with her second husband, Simon Malory, re: lands said to be settled on herself as daughter of Margaret Sutton. [37]

m1. Edmund Dalby, son of Hugh [16], m. abt 1422 [1]

m3. William Featt[26]

m2. Simon Mallory[27]/[28]

3a. Robert Mallory [17] (b. abt 1427?)  Use of the manor of Grene, which his mother had inherited from her parents, descended to him after the death of Margaret and William Featt, his mother’s last husband.[29]

4a. Robert Mallory [29], no children [29], (d. bef 1495)[29] m.(?) Joan (–?–)

[1] History of Parliament Online, Henry Sutton, d. 1416. History of Parliament Online: Henry Sutton; The Antiquities of Warwickshire Illustrated, re: Ditchford Frary – Notes that Henry presented a minister to the church there in 1391, so if he had rights to Ditchford Frary through his wife, they must have married before then.

[2] Staffordshire-Warwickshire, Cox, Thomas, Anthony Hall and Robert Modern. 1738. England. p. 757. Via Google Books. Staffordshire-Warwickshire, p. 757  Note: Gives Eleanor as daughter of Henry Sutton, and her husband as Jeffrey Allesley of Lawford Parish.  However, Eleanor said to have had a daughter who married William Willington of Barcheston, who inherited Dichford Frary and passed it to her daughter, who married William Sheldon, Esq., which family retained it.  No mention of Geoffrey St. Germain.   I don’t know of the daughter said to have married Wm. Willington – he was a later purchaser.   So – problematic source.

[3] Agard & Boughton v. Malory – ” After whose death the same manor descended to Eleanor and Margaret as daughters and heirs of the said Henry…”

[4] Staffordshire-Warwickshire. Page 840.

[5] Dugdale, Alianore is noted as presenting a minister to the church at Little Lawford in 1443 as Geoffrey’s “relict”.

[6] The Antiquities of Warwickshire, Dugdale, p. 454, re: Ditchford Frary.

[7] National Archives, UK: Ward-Boughton-Leigh Archives, Administrative History, CR 162. National Archives, UK: Ward-Boughton-Leigh Archives; National Archives, UK: Little Lawford Legal Testimony, CR162/123, 1457. National Archives, UK: 1457 Investigation into Title at Little Lawford

[8] The Baronetage of England, Vol. 1, p. 415. The Baronetage of England, Vol 1, p. 415

[9] Elizabeth & Thomas were married per court case of 1457 and had a son, Richard, heir to Little Lalleford.   National Archives, UK, 1457 Court Case

[10] National Archives, UK: Court case, Richard Broughton v. (unspecified) – wherein Richard is described as the grandson of Geoffrey Allesley and Eleanor, his wife. National Archives, UK: Broughton v. Unspecified; National Archives, UK: Investigation into Little Lawford, C/1/26/171. National Archives, UK: Little Lawford Investigaton, 1456-60

[11] Agard & Boughton v. Malory.

[12] Agard & Boughton v. Malory. “George…heir of Margaret Agard, daughter and heir of Geoffrey St. Germain son (?) and heir of Joan St. Germain one of the daughters and heirs of the said Eleanor, daughter and heir of the said Margaret Featt.”

[13] Geoffery demised land in 1457-58, so he had to be considered an adult by that time. I am guessing he was born about 1435 based on that, but it could have been earlier.

[14] By all accounts, died the day after the Battle of Bosworth Field.

[15] Camden, William. The Visitation of the County of Warwick in 1619. As viewed online via Internet Archive. p. 78. Visitation of Warwickshire

[16] Calendar of Inquisitions Post Mortem…Henry VII. No. 13. Calendar of Inquisitions Post Mortem, Henry VII

[17] Carpenter, Christine.  Locality and Polity:  A Study of Warwickshire Landed Society, 1401-1499, Cambridge University Press, Cambridge, 1992, p. 551. “Geoffrey St. Germain…who, like Boughton, was heir to some of the Allesley estate in east Warwickshire.” Her reference notes: Dugdale, p. 99; Horrox and Hammond eds., British Library Harleian Manuscript 433, I, p.75, III p. 235; Cal. Pat. Rolls 1476-85, p. 400, 489; Rot. Parl, VI, p. 276; V.C.H., v, p. 155; Ives 1983a: pp. 63-4, 109. “St. Germain is otherwise a very shadowy figure; he came originally from Northamptonshire (Bridges and Whalley 1791: I, p. 85; Horrox and Hammond eds, British Library Harleian Manuscript 433, III, p. 130) but may have had connection with Shilton near Withybrook in east Warwickshire (V.C.H., VI, p. 213)…”

[18] National Archives, UK, Document set Ref: E 328/146/iii-35. Release by Geoffrey Seynt Germyn, of Broughton, co. Northants., esq., executor of Will of Eleanor Allesley, to Adeline, Prioress of Catesby, and the Convent, of all actions. National Archives, UK: Record related to probate for Eleanor Allesley

[19] IPM, Henry VII, Vol 1, #13: Geoffrey Sengermyn – names Margaret, wife of Thomas Agard, as his daughter and heir, aged 18 and more. IPM Henry VII, Vol 1 #13

[20] National Archives, UK: Pack v. Agard, 1504-15, C 1/344/44. George called son of Thomas Agard. His mother-in-law and co-defendant is Margery Middlemore.

[21] British History Online:  Broughton Parish, Northamptonshire.  British History Online: Broughton, Norths.   His parents married just before the Battle of Bosworth Field, 1485, so I am guessing he was born a year or two later.

[22] Agard & Boughton v. Malory – “the manor of of Grene in the county of ….and item meased land [a messuage?] and … in Alvechurch in the county of….and prob mesed and item land [messuage and land?] in Bylton in the county of Norfolk? and in Tansor and Barnwell in the county of … were allotted to the part of the said Margaret in allowance of other manor land and tenements, which were assigned to the part of the said Eleanor…”

[23] Calendar IPM, Henry V, No. 126, 2 Feb 1419 Calendar of Inquisition Post Mortem, Henry V

[24] Constable, Sir William Ryland Dent Adkins, The Victoria History of the County of Northampton, Vol. 2, 1906, p. 596.

[25] The Genealogist, Vol. 26, 1910. “Family of Tindale”, pp. 16-24. The Genealogist, Vol 26, 1910, p. 16

[26] Agard & Boughton v. Malory – “Margaret took to husband one Simon Mallory and had issue one Robert Mallory.  And after the said Simon Mallory died… Margaret took to husband one William Featt…”

[27] Locality and Polity, p.312, N. 115

[28] National Archives, UK, Doc Ref: C/1/6/110 – Malorie v. Dalby. Plaintiffs: Simon Malorie, of co. Warwick, and Margaret his wife, late the wife of Edmond Dalby. Defendants: Hugh Dalby, William Peyto, Geoffrey Aldesley (Allesley), and William Derset, esqrs.   Subject: Lands (unspecified) covenanted to be settled on said Margaret, daughter of Margaret Sutton. Warwickshire. Date unclear, 1404-7 or 1413-17 or 1424-26. National Archives, UK: Malorie v. Dalby

[29] Agard & Boughton v. Malory – ” after the said William Featt and Margaret died,… the …descended to … Robert Mallory… son and heir to the said Margaret, and after the said Robert died, [the properties] descended to one Robert, [the] heir to the [first] Robert… After … Robert the son died, without issue of the body…the … use descended to … George and William, as cousins and heirs to the said Robert the son… and heirs to … Margaret Featt. Robert Mallory… and Robert Mallory the son took no (had no) issue of these, bodies that ye to day to the said George, wid.. and heir of Margarete Agard, daughter and heir of Geffrey Seymgemand son and heir of Jone Seymgemand one of the daughters and heirs of the said Alianore, daughter and heir of the said Margarete [Sutton] Fealt.  And to the said William Boughton a son and heir of Richard Boughton and of Elizabeth, another of the daughters and heirs of the said Alianore.”

[30]  Franklin, Michael J.  Medieval Ecclesiastical Studies:  In Honour of Dorothy M. Owen.  Boydell & Brewer, Ltd, 1995, p. 250.  Via Google:  Medieval Ecclesiastical Studies p. 250

Interesting side note:  On 20 Dec 49 Henry VI (1470-71) (Reference UK Nat Arch: E326/2803, “Grant by Geoffrey Seyntgerman, esquire…”), Geoffrey St. Germain, Esq., granted some land in Neuport Paynell and Tykford, Buckinghamshire, to three men to share:  William Cumberford, Humphrey Starky and Thomas Stokley, though I don’t know yet why.  William was the grandfather of the Thomas mentioned above.  William and Thomas Stokley are both considered strong Lancastrians, tying Geoffrey in with that camp to some degree.  I don’t know what, if any, connection the Cumberford family had to the St. Germain family.

Connection to Olney-Hooker Family:  George Agard was a 6x great-grandfather of Alice Dexter (1705-1779), wife of William Olney (1706-after 1777).  Henry Sutton was George’s 2x great-grandfather.

Author’s Note:  Many thanks to Ken (shroomer333 on Ancestry) for his questions, which have led me to revisit this post and the lineage I had constructed on this family.  Please do get in touch if you have questions or new information to share.

Revised 26 Feb 2017


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