Person Page - 1712

     Sir George Leslie of Rothes married Elizabeth Hay of Erroll, daughter of Sir Thomas de la Haye 7th feudal Baron of Erroll and Lady Elizabeth Stewart.^1,4,3
Sir George Leslie of Rothes was born circa 1350.³
Sir George Leslie of Rothes died after February 1411.³
     Reference: Leo van de Pas cites:
     1. Burke's Peerage and Baronetage, 1999 . 2456
     2. The Complete Peerage, 1936 , Doubleday, H.A. & Lord Howard de Walden. 3:562; 11:186
     3. Burke's Genealogical and Heraldic History of the Peerage, Baronetage and Knightage, London, 1938. 2128
     4. The Scots Peerage 1904-1914, nine volumes , Paul, Sir James Balfour. 7:271-3.³

     Elizabeth Douglas married John Hay 3rd Lord Hay of Yester, son of John Hay 2nd Lord Hay of Yester and Elizabeth Crichton, before 17 September 1509.¹

     John Hay 4th Lord Hay of Yester was born circa 1510.¹
John Hay 4th Lord Hay of Yester died before 30 January 1556.¹
     He was 4th Lord Hay at Yester, England.¹

; JOHN, 4th Ld Hay, of Yester; b ca. 1510; m before 18 Oct 1533, Margaret, est dau of 4th Ld Livingston (see BURKE's Dormant & Extinct Peerages, LINLITHGOW, E), and had issue. Ld Hay was taken prisoner at the battle of Pinkie, 10 Sept 1547, and sent to the Tower of London, where he remained until peace was concluded, when he obtained his liberty. He d before 30 Jan 1555-6, and was s by his elder son.¹

     Thomas Hay Provost of Bothans died before 2 May 1558.¹
     He was Provost of Bothans.¹ He was living between 30 January 1555 and 1556.¹

     Beatrice Hay married William Wauchope.²

     Lady Maude Bernacke was born circa 1337; Richardson says b. ca 1335-8 (aged 23 in 1360 and 24 or 26 in 1382.)^8,5,4 She married Sir Ralph (VI) de Cromwell Knt., 1st Lord Cromwell, of Tattershall, Lincoln, son of Ralph (V) de Cromwell of Cromwell and W Hallam and Amice de Bellers, before 20 June 1366.^1,9,3,5,10,4

Lady Maude Bernacke died on 10 April 1419.^1,2,5,4
      ; dau of John Bernake, of Tattershall, by Joan,dau and coheir of John, 2nd Lord (Baron) Marmion.¹

; Complete Peerage, 3 (1913): 551-552 (sub Cromwell) has a good account
of the life history of Sir Ralph de Cromwell (died 1398), 1st Lord
Cromwell. Regarding his marriage, Complete Peerage says the following:

"He married before 20 June 1366, Maud, sister and heir of William (who
died 18 Dec. 1360), and daughter of John Bernake, of Tattershall
aforesaid, by Joan, daughter and coheiress of John Marmion [Lord Marmion] ... He acquired with his wife the estate of Tattershall, co.
Lincoln, livery being granted to them 18 March 1366/7, it having been
in the king's hands owing to the death of Sir John de Kirketon ...
[She] died 10 April 1419." [Note: Addition made from C.P. 14 (1998): 224].

Lady Maud de Cromwell was in fact the daughter of John de Bernake, Knt.
(died 1346), of Buckenham, Besthorpe, Denton, Hethersett, and
Wymondham, Norfolk (not Tattershall, Lincolnshire), by Joan, daughter
(but not coheiress) of John Marmion, Knt., 2nd Lord Marmion. Complete
Peerage gives no indication of Maud Bernake's birthdate, but various
family inquisitions indicate that she was born about 1335-8, being
aged 23 in 1360, and 24 or 26 in 1361, and aged 36 in 1382. I show
that Ralph Cromwell and Maud Bernake were married before 20 January
1360/1, which date is a good deal earlier than the date employed by
Complete Peerage.

Maud (de Bernake) de Cromwell was not the direct heiress of
Tattershall, Lincolnshire as suggested by Complete Peerage, nor did her
father, Sir John de Bernake, ever hold this property. Research
indicates that Maud's great-grandmother, Joan (de Tattershall) de
Driby, held the castle and manor of Tattershall as part of her
inheritance, and was granted a fair there in 1315. In 17 Edward II
[1323-4] Joan de Driby made a settlement of the castle and manor of
Tattershall, Lincolnshire on her younger son, Robert de Driby, for
life, with reversion to Maud's paternal grandparents, William and Alice
de Bernake [see Document #1 below]. It appears that this settlement
did not take effect, as the castle and manor of Tattershall were
afterwards held by Joan de Driby's eldest son and heir, John de Driby.
Sometime before his death in 1334, John de Driby gave Tattershall to
John de Kirketon, Knt., afterwards Lord Kirketon. Sir John de Kirketon
subsequently made settlements of this property in 1343 and 1352-3 [see Documents #2-3 below]. Curiously, these settlements likewise did not
take effect. On Lord Kirketon's death in 1367, the castle and manor of
Tattershall were granted by the king to John de Driby's great-niece and
heiress, Maud de Bernake and her husband, Sir Ralph de Cromwell [see Complete Peerage, 7 (1929): 338-340 (sub Kirketon); citing Cal. Close Rolls, 1364-1369, pp. 322-323]. The bizarre descent of Tattershall,
Lincolnshire and the failure of three successive settlements give ample
testimony of the complexity of medieval land tenure. The source for
Documents #1-3 below is the online National Archives catalog at
http://www.catalogue.nationalarchives.gov.uk/search.asp?j=1

Document #1:
C 143/168/1: Joan late the wife of Robert de Driby to settle the
castle and manor of Tattershall, and messuages and rent in Boston, the
manor of Bredon (Leic.), messuages, land, and rent in New Buckenham,
Old Buckenham, Attleborough, and Ellingham, the third part of the manor
of Wymondham, and the eighth part of the manor of Buckenham, with the
advowsons of the church of Tattershall and Kirkstead abbey, on herself
for life, with remainder as to the messuages, land, and rent in New
Buckenham, Old Buckenham, Attleborough, and Ellingham, the third part
of the manor of Wymondham and the eighth part of the manor of Buckenham
to William de Bernak, Alice his wife, and the heirs of their bodies;
and as to the castle and manor of Tattershall, tenements in Boston and
the advowsons, to Robert son of the said Joan for life, remainder to
the said William and Alice and the heirs of their bodies; and as to the
manor of Bredon to John son of the said Joan for life, remainder to the
said William and Alice and the heirs of their bodies, remainder to the
right heirs of Joan, retaining the manors of Holwell and Kettleby
(Leic.), Tumby and Kirkby-upon-Bain (Lincoln), the manor of Babbingley,
and a part of the Tolbooth of Lynn (Norfolk). Lincoln. Leic. Norfolk.
Date: 17 Edward II [1323-4].

Document #2:
C 143/260/4: John de Kirketon to settle the castle of Tattershall and
the manors of Tattershall and Tumby, with the knights' fees and
advowsons thereto pertaining, on himself and Isabel his wife and the
heirs of his body, with remainder to Robert de Litlebury and Florence
his wife and the heirs male of the body of the said Robert, remainder
to John de Loudham and the heirs male of his body, remainder to John
son of John le Bret and the heirs male of his body, remainder to John
son of Nicholas le Grey and the heirs male of his body, remainder to
the grantor's right heirs. Lincoln. Date: 16 Edward III [1343].

Document #3:
C 143/307/2: John de Kyrketon to settle the castle and manor of
Tattershall, with the advowsons of Kirkstead abbey, Markby priory,
Tattershall church, and the chapel of the said castle, on himself and
the heirs of his body, with remainder to John de Loudham and the heirs
male of his body, remainder to Alice daughter of John de Loudham and
the heirs male of her body, remainder to Isabel her sister and the
heirs male of her body, remainder to the right heir of John de Loudham
and the heirs of his body, remainder to the right heir of John de
Loudham the father and Alice his wife, and the heirs of his body,
remainder to the right heirs of the grantor, who retains the manors of
Tumby and Kirton in Holland. Lincoln. Date: 26 Edward III [1352-3].

Complete Peerage states correctly that Maud (de Bernake) de Cromwell
was sole heiress in 1360 to her brother, William de Bernake. However,
research indicates that she was also heiress in 1386 to her uncle,
Robert de Bernake, of Markby, Lincolnshire, and co-heiress in 1394 to
her cousin, Mary de Percy, wife of John de Roos, 5th Lord Roos of
Helmsley.

Robert de Bernake's place in the Bernake family is proven by several
charters abstracted below [see Documents #1-12], the first being a
charter of Lady Maud de Cromwell's paternal grandparents, William and
Alice (de Driby) de Bernake, in which they granted property at Baston
for life to their younger son, Robert. The seal on this charter
displays the Bernake family arms: ermine, a fess. The source of the
documents below is Report on the Manuscripts of Lord de L'Isle & Dudley
Preserved at Penshurst Place, 1 (Hist. MSS. Comm. 77) (1925): 16.

Document #4:
1334, November 10. - Charter of William de Bernake and Alice his wife
confirming to Robert their son for life all their lands in Baston which
came to them by the death of John de Dryby. Witnesses: Sir Nicholas de
Cauntelow, Sir William de Grey and others. Dated at Kynthorp
[Kingthorpe, Lincolnshire]. French. Seal: round, 1/2 inch; shield,
ermine, a fess. S. WILLELMI DE BERNAK."

Document #5:
1334, November 11. Assignment by Robert de Bernake to William de
Claydon, chaplain, to receive seisin of these lands in his place.
Seal: broken.

Document #6:
1339, June 13. - Charter of Alice, widow of Sir William de Bernake,
confirming to her son Robert the lands in Baston. Seal: round, 3/4
inch; three small shields; the seal is somewhat defaced, but one shield
in Bernak, and one of the others apparently Driby.

Document #7:
1355, Sept. 30. - Demise by Robert de Bernak to Hugh de Obthorp of his
lands in Baston for a term of six years. Seal: round, 1 inch;
armorial, defaced, but apparently a bend; SIGILLVM ROBERTI DE BERNAK.

Document #8:
1369, September 2. - Demise by Robert de Bernak to Hugh de Obthorp and
others of all his lands at Baston, except the windmill, for the term of
their lives at a rent of 10 marks. Three small sheilds.

Document #9:
1385, Sept. 11 - Demise by Robert de Bernak to William atte Yate of all
his lands in Baston, for life, at a rent of 10 marks. Small seal.

Document #10:
1397, October 1. - Demise by Sir Ralph de Cromwell, lord of Tateshale,
to Richard Ussher and John Cranmere of Baston, of the lands in Baston
lately belonging to Robert de Bernak, for a term of 12 years at a rent
of 10 marks. Two small seals.

Document #11:
1400, August 20. - Charter of Maud, widow of Ralph de Cromwell,
granting to Hugh de Goudeby all her lands in Baston in life. Dated at
Tateshale. Seal: round, 1 inch; a chevron between three mens heads; S.
HUGONIS DE GOUDEBY.

Document #12:
1410, April 21. - Charter of Maud de Cromwell, lady of Tateshale,
granting t Sir William de Cromwell her son, her manor of Driby, with
the advowsons of Driby and of the chantry there founded by Robert de
Bernack her uncle. Also the reversion of the lands which Hugh de
Goudeby holds for life in Baston. Witnesses: include Robert parson of
Driby, and John Skales chaplain in the chantry at Driby. Dated at
Tateshale. Seal: of Maud de Cromwell as described in Brit. Mus. Cat.
Seals ii, 9097; poor condition.

In the next message in this thread, I plan to post an abstract of the
1386 will of Robert de Bernake, of Markby, Lincolnshire, which names
his niece, Maud (de Bernake) de Cromwell, as a legatee and as his
executrix.

For interest's sake, the following is a list of the colonial New World
immigrants who descend from Lady Maud (de Bernake) de Cromwell:

l. William Bladen.

2. Kenelm Cheseldine.

3. Grace Chetwode.

4. Muriel Gurdon.

5. Anne & Katherine Marbury.

6. Thomas Owsley.

7. Richard Saltonstall.

8. Mary Johanna Somerset.

Best always, Douglas Richardson, Salt Lake City, Utah

Website: www.royalancestry.net.² Lady Maude Bernacke was also known as Maud Bernake.⁸

     Mary Lindsay married John Hay 1st Lord Hay of Yester, son of Sir David Hay of Locherworth and Yester and Lady Elizabeth Douglas.^1,3

     Ralph (VII) de Cromwell 2nd Lord Cromwell married Joan (?)¹
Ralph (VII) de Cromwell 2nd Lord Cromwell was born circa 1368.¹
Ralph (VII) de Cromwell 2nd Lord Cromwell died in 1417.¹
      ; RALPH (VII) de CROMWELL, 2nd Lord (Baron) Cromwell; b c 1368; Constable of Castle Rising, Norfolk, 1404-17; m Joan - (d 1434) and d 1417.¹ He was 2nd Lord (Baron) Cromwell.¹ He was Constable of Castle Rising between 1404 and 1417 at Castle Rising, co. Norfolk, England.^1,5

     Joan (?) married Ralph (VII) de Cromwell 2nd Lord Cromwell, son of Sir Ralph (VI) de Cromwell Knt., 1st Lord Cromwell, of Tattershall, Lincoln and Lady Maude Bernacke.¹

     Elizabeth Cunningham married John Hay 1st Lord Hay of Yester, son of Sir David Hay of Locherworth and Yester and Lady Elizabeth Douglas, circa 1469 at dispensation 3 Aug 1469.

     John Hay 2nd Lord Hay of Yester married Elizabeth Crichton.¹
John Hay 2nd Lord Hay of Yester was born circa 1470.¹
John Hay 2nd Lord Hay of Yester died on 9 September 1513 at Battle of Flodden Field, Northumberland, England.^1,2
      ; JOHN, 2nd Ld Hay, of Yester, had a charter of the Barony of Snaid, Dumfries, 4 May 1482, and was Knighted before 15 Feb 1503-4; b ca. 1470; m Elizabeth Crichton, and had issue. Ld Hay was k at Flodden, 9 Sept 1513.¹

      ; who had a charter of these lands from his father.¹

     George Hay of Oliver Castle married Euphemia Wauchope.¹

      ; George, of Oliver Castle, of which he was infeft by his f 21 Feb 1502-3, s his bro in the lands of Menzion before 12 July 1512; m Euphemia Wauchope and was ancestor of HAY, of Menzion.¹

     Nicholas Hay Prevendary of Bothans died in 1498.¹
     He was Prevendary of Bothans.¹

     Margaret Hay married William Borthwick 3rd Lord Borthwick, son of William Borthwick 2nd Lord Borthwick and Mariot Hoppringle, in 1491.^1,3,4,2

     Reference: van de Pas cites:
     1. The Complete Peerage, 1936, Doubleday, H.A. & Lord Howard de Walden. II 222
     2. Oxford Dictionary of National Biography , Sellar, W. D. H.²

     William Borthwick 4th Lord Borthwick was born circa 1492.³
William Borthwick 4th Lord Borthwick died between 28 May 1543 and 19 February 1544; Burke's says d. 1542. van de Pas says d. Abt 28 May 1543/19 Feb 1544.^1,2,3
      ; WILLIAM BORTHWICK, 4th Lord Borthwick; Govr Stirling Castle, Guardian infant JAMES V after Flodden 1513; sealed treaty with England 7 Oct 1517; settled 21 Aug 1538 his lands in tail male with remainder to heirs male whatsoever bearing the name and arms of Borthwick; m 1491 Margaret, dau of John Hay of Yester (see TWEEDDALE, M), and d 1543, having had issue.²

Reference: van de Pas cites: The Complete Peerage, 1936 , Doubleday, H.A. & Lord Howard de Walden. II 222.³ He was 4th Lord Borthwick.²

     Isobel Hay married Walter Kerr of Caverton, son of Andrew Kerr of Auldtounburn and Cessford and Margaret Tweedie,
; this marriage is questionable.² Isobel Hay married Robert Lauder of The Bass before 1496.¹

     Robert Lauder of The Bass married Isobel Hay, daughter of John Hay 1st Lord Hay of Yester and Elizabeth Cunningham, before 1496.¹

     Elizabeth Crichton married John Hay 2nd Lord Hay of Yester, son of John Hay 1st Lord Hay of Yester and Elizabeth Cunningham.¹

     Thomas Hay was Preceptor of the Hospital of St Leonard's Peebles in 1521.¹ He was Provost of Bothau in 1539.¹ He was Archpriest of Dunbar in 1542.¹

      ; John, of Smithfield, living 27 May 1528, ancestor of HAY, Bt, of Smithfield (see BURKE's PEERAGE & BARONETAGE 1949 edn).¹ John Hay of Smithfield was living on 27 May 1528.¹

     Elizabeth Hay married James Tweedie of Drumelzier.¹

     Christian Hay married William Stewart 2nd of Traquair, son of James Stewart 1st of Traquair and Catherine Rutherford,
; has issue.²

     William Stewart 2nd of Traquair married Christian Hay, daughter of John Hay 2nd Lord Hay of Yester and Elizabeth Crichton,
; has issue.¹
      ; William, 2nd of Traquair, living 1538; m Christian, dau of John, 2nd Ld Hay of Yester (see TWEEDDALE, M), and by her had issue (with two daus.), four sons.² William Stewart 2nd of Traquair was living in 1538.²

     Jean/Marion Hay married George Broun of Colstoun.¹

Jean/Marion Hay died in June 1564.¹
      ; Jean or Marion, whose dowry was the famous "Colstoun pear" which a legend asserts was enchanted by Sir Hugh Gifford of Yester, a "wizard" of the 13th century; m George Broun of Colstoun, ancestor of the Broun, Bts., of Colstoun (see that title), and d June 1564. He d before 15 Feb 1519-20.¹

     George Broun of Colstoun married Jean/Marion Hay, daughter of John Hay 2nd Lord Hay of Yester and Elizabeth Crichton.¹

George Broun of Colstoun died before 15 February 1520.¹