Thomas Knightley alias Charlton

Thomas inherited Apley through his mother and assumed the surname Charlton.

Events 

Date of Birth: 30 March 1394.

Place of Birth: unknown.

The date is given by Eyton (9:319). The inquisition post mortem of Thomas’s aunt Helen de Cherleton, held 16 November 1416, stated that Thomas was aged 22 years.

Date of Death: 4 January 1460.

Place of Death: unknown.

The date is given by Eyton (9:319). The date 1460 is given by the Shropshire VCH (11:sub Wellington), citing Notes and Queries (9th ser. xi. p. 131), where it is stated that Thomas died in 1460 according to “a very old pedigree of the Guttyns family”. The 1623 Shropshire Visitation gives 38 Hen. VI [1459/60].

Relationships

Father: William de Knightley.

Mother: Anne de Cherleton.

These relationships are given by the Shropshire VCH (11:sub Wellington) and by Eyton (9:319). They are recorded in the plea rolls (Wrottesley pp. 223-4) for a 1402 case (De Banco.Easter. 3 Hen. 4. m. 313.).

Spouse: Cecily Francis.

See the Commentary section.

Children: 

(Complete source citations for facts about the children on this page are currently outside of the scope of this project.)

Robert Charlton married Mary Corbet.

(possibly) Isabella Charlton married John Salter.

Commentary

Thomas’s marriage

The Charleton of Apley Castle and Withiford pedigree in the 1623 Shropshire visitation gives:

Thomas Charleton aetatis 4 annor’ ad morte’ Hellenae Charl’ amitae euis cuius heres ipse fuit ob. 38 Henr’ 6. = Eliz. filia et coheres Adae Franceis militis filij Ade Francis de London.

The Frauncis of Foremark pedigree in Derbyshire Pedigrees, 1569 and 1611 (The Genealogist new series v. 7, p. 134), citing Harl. 2134, gives:

 Cecily [the daughter of Sir Robert Frauncis, Kt,] mar. to Richard Cherleton.

The Shropshire pedigree is confusing the Apley Charlton-Francis marriage with another Charlton-Francis marriage in the London area. Entries in the patent rolls, plea rolls, and close rolls make clear that Sir Robert Francis had the wardship and marriage of Thomas and must have arranged a marriage between Thomas and his daughter.

Evidence

from the Calendar of Patent Rolls

1400   Aug. 4   Westminster.

  Grant to the king's knight Robert Fraunceys of the custody of all lands and other possessions late of Thomas son of Thomas de Cherlton and Ellen his sister in the county of Salop during the minority of Thomas son of William de Knyghtley their kinsman and heir; so that he find a competent sustenance for the heir, keep the messuages, buildings, woods, enclosures and gardens without waste and support the services and othercharges.      By p.s.

from the Plea Rolls (3 Hen. IV [1402]) (Wrottesley 1905, pp.223-224):

…John de Knyghteleye had acquired the marriage of the heir, Thomas de Knighteleye, and had demised the manor of Withiford to Roger Austyn for a yearly rent of twenty-six marks, and as Elena was of age when she married, the custody of a moiety of the manors of Thomas de Charleton fell to the King, who had granted them to Robert Fraunceys, Kt., till the full age of Thomas de Knyghteleye, and a moiety of the manor of Withiford fell to John de Knyghteleye as custos of Thomas, and they had levied a distress because the ferm was in arrear…

from the Plea Rolls (3 Hen. IV [1402]) (Wrottesley 1894, pp. 102-3) 

Salop. John Cornewaille, knight, was summoned by Roger Austyn, William Badde, Roger Cotwalle, Hugh de Wode, and eight others for illegally taking and detaining their cattle, from the manor of Withiford and for which they claimed £100 as damages. John Cornewaille, appeared by attorney and defended the taking of the cattle, and stated he had acted in the matter as bailiff of John de Knyghteley and he stated that one Thomas de Cherlton of Appeley held of the late King Richard the manor of Hagurcote in capite and died seised of it and of the manor of Withiford and of other manors and lands, and after his death the said manors had descended to Thomas his son who was under age, and the King had taken into his hand the custody of the heir and of the said manors, and afterwards by Ms Letters Patents, dated 12 R. II, 22 June, had sold the custody and marriage of the heir to John de Harlaston, Thomas de Overton, clerk, and John Bonel, to be held till the full age of the said Thomas son of Thomas, and till the full age of the heir of the said Thomas son of Thomas, and the said John, Thomas, and John by a deed dated 15 February, 12 R. II, had sold the same custody and marriage of the heir to the said John de Knyghteley. And Thomas son of Thomas afterwards died when seventeen years of age in the time of the late King, and after his death the said manors, etc., descended to one Elena his sister who was twelve years of age, and to Thomas de Knyghteley son of Anne, the other sister and heir of Thomas son of Thomas, who was four years old, upon which John de Knyghteleye had the custody of the said Elena and of Thomas de Knyghtleye the two heirs of Thomas son of Thomas. And John de Knyghteleye afterwards demised the manor of Withiford to the said Roger Austyn, to be held from year to year of the said John for a yearly farm of 26 marks. And the said Elena died on the Saturday after the Feast of the Apostles Peter and Paul, 1 H. IV, aged fourteen years, and leaving no issue, by which the moiety of the manors, lands, &c., belonging to Elena descended to Thomas de Knyghteley as her kinsman and heir, viz., as son of Anne the sister of Elena, and as Elena at the time of her death was of full age, the custody of the said moiety fell to the King, by reason of the minority of Thomas de Knyghteleye and the King had granted the custody to one Robert Fraunceys, knight, and as the farm of the moiety of the manor of Withiford was in arrear, which had descended to the said Thomas son of Anne, after the death of Thomas son of Thomas, he, acting as bailiff for John de Knyghteley had taken the cattle as was lawful, and he appealed to a jury.

The plaintiffs replied that John de Cornewalle could not justify the taking of the cattle, because Robert Thornes, late King's escheator for co. Salop and the Marches of Wales, on the Friday the Feast of the Annunciation, 2 H. IV, had taken into the King's'hand the manor of Withiford, and it was still in the hands of the King. John Cornewalle denied that the King had taken the manor into his hand, as stated by the plaintiffs, and appealed on this issue to a jury, and the Sheriff was ordered to summon a jury for the Quindene of Holy Trinity.

A postscript states that the process was continued till Easter term, 4 H. IV, when it was moved by writ of nisi prius to be heard in the county, but when the case came on before the justices of assize, the plaintiffs challenged the array of the panel because it had been arrayed by John Darras, the Sheriff, and Richard Besselowe the sub-Sheriff, in favour and on the nomination of John Cornewaille. The panel was therefore annulled, and the Sheriff was ordered to summon a jury for the Quindene of Holy Trinity (4 H. IV). m. 313. 

from the Calendar of Close Rolls 

1402   Nov. 1.   Westminster.

Nov. 1. To the justices appointed to hold pleas before the king. Order, Westminster. upon petition of John de Knyghtley, to proceed in the cause hereinafter mentioned, the allegation of Robert Fraunceys notwithstanding, so that they proceed not to rendering of judgment without advising the king; as the said John has shewed the king that on 22 June 12 Richard II by a mainprise the late king committed to John de Harleston, Thomas Overton clerks and John Bouet the ward of all lands of Thomas de Cherlton deceased, then in that king's hand by his death and by reason of the nonage of his heir, until the lawful age of the heir, and the marriage of the heir, covenanting that, if that heir should die before coming of age and by them unmarried, they should have the wardship until the lawful age of his heir with the marriage of such heir, and so from heir to heir until one should come of age and they should marry one, paying to that king 50l. only at Michaelmas then next, and finding the heir his maintenance, and shewed that by inquisition taken before William Huggeforde then escheator in Salop it was after found that Thomas de Cherlton of Appeley at his death held the manors of Hagurcote, Aston Eir and Wychiforde and a messuage and one virgate of land in Aldenham co. Salop, that the manor of Hagurcote was held in chief by knight service, the residue of other lords, that he died 6 October 11 Richard II, that Thomas his son, then aged twelve years and more, was his next heir, that the said John, Thomas Overton and John occupied those lands from his death, taking the issues and profits, until 15th February 12 Richard II when they sold the wardship and marriage to John de Knyghtleye, that long before his death Thomas de Cherlton by writing indented granted the manor of Appeley, a fourth part of the manor of Preston upon Wildemore, four messuages, one toft, 60 acres of land and 10 acres of meadow in Welynton, a messuage and one virgate of land in Whapeneshale, a messuage and one carucate of land in Kynle and a messuage and one carucate of land in Haloghton and Trilwardyn to John atte Wode knight for life, and to his executors for one year after, with reversion to the grantor and his heirs, that John atte Wode died 20 November 15 Richard II, that on 8 February 15 Richard II by a mainprise the late king committed to John Knyghtleye the younger for a sum to him payable the ward of all those lands in Appeley, Preston, Welynton, Whapeneshale, Kynle, Haloghton and Trilwardyn, by name of all lands there of the heritage of Thomas de Cherlton, son and heir of Thomas de Cheriton of Appeley deceased, then in the tenure of the executors of John atte Wode for one year after his death, until the lawful age etc. (as before), that it is after found by another inquisition, taken before William Banastour the king's escheator, that the manors of Hagurcote, Aston Eir and Wychiforde, a messuage and one virgate of land in Aldenham, the manor of Appeley and all the said lands in Preston, Welynton, Whapeneshale, Kynle, Haloghton and Trilwardyn came to the late king's hands by death of Thomas de Cherlton and by reason of the nonage of Thomas his son and heir, and were yet in the king's hands in ward of John Knyghtley, that Thomas the son died 31 January 22 Richard II, that at the time of his death Ellen one of his sisters and Thomas son of Anne another sister were his next heirs, that Ellen, then twelve years of age, died without issue on Saturday after St. Peter and St. Paul 2 Henry IV, that Thomas son of Anne is next heir of the said Ellen and of Thomas son of Thomas, and is of the age of five years, and that the king after granted to Robert Fraunceys his knight without rendering aught to the king the ward of all lands and other possessions in Salop whatsoever that were of Thomas son of Thomas de Cherlton and of Ellen his sister, and came to the king's hand by their death and by reason of the nonage of Thomas son of William de Knyghtley their cousin and heir; and upon petition of John Knyghtley, shewing that Thomas de Cherlton in the writs and letters of the late king and Thomas de Cherlton of Appeley in the said inquisitions are one and the same, and that by virtue of the grant and sale to him by John de Harleston, Thomas Overton and John Bouet, and the grant of the late king to him, by name of John Knyghtleye the younger, he was long in peaceable possession of the moiety of the said manors and lands which descended to the said Thomas son of Anne as cousin and heir of Thomas son of Thomas, and continued his possession no small time, but that by colour of the king's letters patent he is by the said Robert unlawfully hindered from taking the issues and profits of that moiety as he ought, although he took the same in the mean time, and for preservation of his right has been wearied with travail and expense, and praying for revocation of the letters patent to the said Robert in respect of that moiety, the king ordered the sheriff to give the said Robert notice to be in chancery in the quinzaine of St. Hilary last in order to shew cause wherefore that ought not to be done, and wherefore the petitioner ought not to continue his possession of that moiety, and to take the issues and profits thereof, and in the quinzaine of Easter following that cause was sent for debate before the king, and the petitioner came in person at Westminster, and the said Robert by John Whatton his attorney, and for the king and for himself alleged the king's letters patent granting him that moiety, by name of the ward of all the lands and possessions of the said Thomas son of Thomas and of Ellen his sister whatsoever, and that he is tenant of that wardship by grant of the king, and without the king may not answer, craving aid of the king, wherefore the justices have deferred to proceed.

from the Calendar of Close Rolls 

1403.   Jan. 25.  Westminster

To the justices appointed to hold pleas before the king. Order, upon petition of John de Knyghtley, by advice of the justices, serjeants at law and others of the council learned in the law, to proceed to rendering of judgment in the cause hereinafter mentioned, the express words of the king's former writ notwithstanding; as upon petition of the said John, shewing that on 22 June 12 Richard II by a mainprise the late king granted to John de Harleston, Thomas de Overton clerks and John Bouet the ward of all the lands of Thomas de Cherlton deceased, then in the king's hand by his death and by reason of the nonage of his heir, and the marriage of the heir, covenanting that if that heir should die before he came of age and not by them married, and his heir should be within age, they should have the ward of those lands and the marriage of such heir, and so from heir to heir until one should come of age and they should obtain his marriage, paying to that king 50l. at Michaelmas then next and finding the heir his maintenance, that by inquisition taken before William Huggeforde the late king's escheator in Salop it was after found that Thomas de Cherlton of Appeley at his death held the manors of Hagurcote, Aston Eir and Wythiford, and a messuage and one virgate of land in Aldenham, that the manor of Hagurcote was held in chief by knight service, the other manors etc. of other lords, that he died 6 October 11 Richard II, that Thomas his son, then aged twelve years and upwards, was his next heir, that the said John de Harleston and the others occupied the said manors etc., taking the issues and profits until 15 February 12 Richard II, when they sold the wardship and the marriage of the heir to the petitioner, that long before his death Thomas de Cherlton granted the manor of Appeley, a fourth part of the manor of Preston upon Wildemore, four messuages, one toft, 60 acres of land and 10 acres of meadow in Welynton, a messuage and one virgate of land in Whapeneshale, a messuage and one virgate of land in Kynle and a messuage and one carucate of land in Haloghton and Tril- wardyn to John atte Wode knight for life, and to his executors for one year longer, with reversion to the grantor and his heirs, that John atte Wode died 20 November 15 Richard II, and that by letters patent of 8 February 15 Richard II the late king granted to John Knyghtley the younger the reversion of the wardship of all the said lands in Appeley etc., by name of all lands in Appeley, Welynton, Preston upon Wildemore, Whapeneshale, Kynle, Haloghton and Trilwardyn then held by the executors of John atte Wode for one year after his death, until the lawful age of Thomas the son, and if he should die etc. (as above), and shewing that by another inquisition, taken before William Banastour late escheator, it was after found that the manors of Hagurcote, Aston Eir and Wythiforde, the said messuage and land in Aldenham, the manor of Appeleye and all the said lands in Preston, Welynton, Whapeneshale, Kynle, Haloghton and Trilwardyn came to the late king's hands by the death of Thomas de Cherlton and by reason of the nonage of Thomas his son and heir, and were then in the king's hands in ward of John Knyghtley, that Thomas the son died 31 January 22 Richard II, that at the time of his death Ellen one of his sisters and Thomas son of Anne his other sister were his next heirs, that the said Ellen, then aged twelve years, died without issue on Saturday after St. Peter and St. Paul 2 Henry IV, and that the said Thomas son of Anne is next heir of her and of Thomas the son, and of the age of five years, and shewing that by letters patent the king granted to Robert Fraunceys his knight without rendering aught to the king the ward of all lands etc. of Thomas the son and Ellen which came to the king's hands by their deaths and by reason of the nonage of Thomas son of William de Knyghtley their cousin and heir, shewing that Thomas de Cherlton named in the late king's letters and Thomas de Cherlton of Appeley in the said inquisitions are one and the same, that by reason of the sale of the said wardship to him made by John de Harleston and the others, and of the late king's grant to him by name of John Knyghtleye the younger, the petitioner was long in possession of the ward of a moiety of the said lands, and continued his possession thereof no small time, but that although in the mean time he took the issues and profits of that moiety arising, by colour of the grant to the said Robert he was by him prevented from taking the same as he ought, and was unlawfully wearied with various travails and expenses for preservation of his right, the king ordered the sheriff to give the said Robert notice to be in chancery in the quinzaine of St. Hilary last in order to shew cause wherefore the grant to him ought not to be revoked in regard to the said moiety, and wherefore the petitioner ought not to continue his possession thereof; and in the quinzaine of Easter following that cause was sent for debate before the king, and John Knyghtley came at Westminster in person, and the said Robert by John Whatton his attorney, and alleged that the king granted him that moiety by name of the ward of all the lands of the said Thomas the son and Ellen, and that he was tenant thereof by grant of the king, and without aid of the king might not answer, wherefore the justices deferred to proceed, and the king commanded them to proceed that allegation notwithstanding, so that they should not proceed to rendering of judgment without advising him; and now the cause has proceeded to judgment, but by reason of the express prohibition last recited the justices have deferred to render judgment.

from the National Archives catalogue (5735/2/1/1/9):

Appointment of attorney

Thomas Chorleton of Apley makes Roger Nicolus his attorney to deliver seisin to William Knightley and his wife Elizabeth of land in Haughton and Trilwardine.

Witnesses: Thomas Fylkyn, John Paternoster, John Steward, John Stevinton

1418/9

Common Pleas

CP40/664

1427 Hilary Term

Shropshire, debt

Plaintiff: Thomas Chorleton

Defendants: William Taverner of Shrewsbury, taverner, and Agnes Barker of Newport, widow

from Feudal Aids (v. 4 p. 248):

1428

Salop

Hundredum de Bradford

De Thoma Chorleton pro di. f. in Wythyford Magna quondam Alani de Chorleton, (et) tenetur ut supra …. iijs. iiij.d. 

Shropshire Archives 972/1/2/2

1 July 1436

Dated: Leghcombray, 1 Jul 14 Hen VI

Parties: 1 James [Tuchet] lord of Audley, and 2 John Stafford, bishop of Bath and Wells, William Lee, Richard Bernard, clerk

Description: The manors of Leghcombray, Dalyley and Ketley (Leegomery, Dawley, Ketley) and a moiety of the manor of Fordeshome (Ford) to hold in perpetuity

Witnesses: William Burley, Thomas Charlton (Chorleton), Philip Young, Roger Lynay, Thomas Salter, William Glover

Seal: Large red seal on tag, fine impression including Tuchet/Audley coat of arms and a visored basinet with a swan crest, flanked by ?dragonflies; legend SIGILLUM [IA]COBI DUX DE AUDELEY

[SA-IMG2875]

Shropshire Archives 6000/6690

1436

‘Sciant presentes etc.' William Perkys of Harlascote and Sibil, his wife, give etc to Thomas Charleton, Lord of Apperley, Robert, his son, Thomas Banaster of Hadnall, Richard Husee of Adbrighton House, Richard Gery and John Whitley of Salop 2 messuages and a nook in Cantelop, the inheritance of Sibil after the death of Rich. Cantelop, her father. To have etc.

Witnesses: Ralph Lee Lord of Longley, Jo. Skryven of Froddesley, Thos. Clubury, Rog. Eton, Jo. Byryton. At Cantelop, Tuesday before Feast of Purification, 15 Henry VI.

Seal gone.

Grant (Shropshire Archives 5735/2/1/1/12)

1438/9

Thomas Chorlton of Apley grants to Christopher Talbot, Robert Harcourt and Robert Chorlton land in Haughton and Trilwardine

Common Pleas

1458

CP40/788: Hilary Term 1458

Shropshire, trespass, taking

Plaintiff: Thomas Chorleton, esq

References

Eyton, Robert William. Antiquities of Shropshire v. 9 (1859).

A History of the County of Shropshire: Volume 11 (Victoria County History, 1985).

The Visitation of Shropshire, 1623. Paul Grazebrook and John Paul Rylands, eds. (London, 1889).

Wrottesley, G. “Extracts from the Plea Rolls” in Collections for a History of Staffordshire v. 15 (1894) 

Wrottesley, George. Pedigrees from the Plea Rolls. (1905).