John Cary

• Preferred Name: John Cary^{[1] [2] [3] [4] [5] [6] [7] [8] [9] [10] [11] [12]}
  
• Alternate Name: John of Cockington
  
• Gender: M
  
• Occupation: Member of Parliament for Devon (twice)
  
• Death: 28 MAY 1395 in Waterford, Ireland
  
• Fact: 1388 with note: Description: After Richard II was put to death by Henry IV, John was impeached and banished to County Waterford in Ireland
  
• Birth: ABT 1350 in Holway, Devonshire, England
  
• Residence: "John Cary of Cockington" in Cockington, Devon, England at LATI: N0.4635 LONG: E3.559
  
• Occupation: Judge
  
• FSID: LK3G-2GP
  
• Occupation: Chief Baron of the Exchequer1386
  
• Fact: 20 AUG 1387 with note: Description: Summoned by King Richard II to Shrewsbury with four other judges
  
• Notes:

  === Life Sketch ===
  Sir John Cary (died 1395) was an English judge who rose to the position of Chief Baron of the Exchequer and served twice as Member of Parliament for Devon. See (i) Vivian, Lt.Col. J.L., (Ed.) “The Visitations of the County of Devon: Comprising the Heralds' Visitations of 1531, 1564 & 1620”, Exeter, 1895, p.150 (b) biography of his son Sir Robert Cary in the History of Parliament http://www.historyofparliamentonline.org/volume/1386-1421/member/cary-robert-1431
  
  Note:
  Sir John de Cary, of Upper Cary; Lord Chief Baron of Exchequer 1386; one of five judges summoned by Richard II to Shrewsbury 20 Aug 1387; impeached 1388 and banished to Waterford; married 1376 Margaret, daughter of Richard de Holeway, of Northlaw, Beaworth and Morton Devon, and died Waterford 1404. [Burke's Peerage] This Sir John was a very noted man. Prince says,
  "On the 5th day of November, 1387, he was by the King, Richard II, made Chief Baron of the Exchequer, and advanced to be a Judge of the land; who being now placed in a high and spacious orb, he scattered the Rays of Justice about him with great splendor.
  After the King was put to death by Henry IV, Sir John was banished and all his goods and lands confiscated to his royal master.
  Prince says, "He was banished to Waterford, Ireland, where he was no less than four Years in Banishment. A long time, God knows, for an aged person of a nice and tender way of living to be confined to the Shades of Misery and Sorrow." He died at Waterford in 1404. Among his estates were Cockington and Clovelly.
  Father: John de CARY b: ABT 1325 in Cary Manor, St. Giles On The Heath, Devon, England
  Mother: Jane de BRIENE b: ABT 1337 in Holway, Taunton, Devon, England
  Marriage 1 Margaret HOLEWAY b: ABT 1358 in Northlew, Okehampton, Devon, England Married:
  Children
  Robert CARY b: ABT 1377 in Cockington, Torquay, Devon, England
  ----
  
  === Source: Family Search Web Site (Churc ===
  Source: Family Search Web Site (Church of LDS)
  
  === Wikipedia ===
  https://en.m.wikipedia.org/wiki/John_Cary_(died_1395)
  
  === Ancestral File Number: 9TBZ-17 ===
  Ancestral File Number: 9TBZ-17
  
  === From Ancestral File (TM), data as of 2 J ===
  From Ancestral File (TM), data as of 2 January 1996.
  
  === !JUDGE AND CHIEF BARON OF THE EXCHEQUER ===
  !JUDGE AND CHIEF BARON OF THE EXCHEQUER BY KING RICHARD II ON 5 NOV 1387 HE
  OWNED COCKINGTON AND BOUGHT CLOVELLY IN 1390
  
  === Made Chief Baron of the Exchequer on 5 N ===
  Made Chief Baron of the Exchequer on 5 Nov 1387 by King Richard II. Was also made a Judge. Said to be very honest and loyal. When Henry IV toppled Richard, Sir John took Richard's side, and was stripped of his lands and banished to Waterford, Ireland in 1400, where he died four years later.
  
  === My PAF Notes ===
  from thepeerage.com, 4/2009:
  Sir John de Cary1
  M, #285242, d. 1404
  Sir John de Cary|d. 1404|p28525.htm#i285242|Sir John de Cary||p28525.htm#i285243||||||||||||||||
  Last Edited=1 Jun 2008
  Sir John de Cary was the son of Sir John de Cary.1 He married Margaret de Holeway, daughter of Richard de Holeway, in 1376.1 He died in 1404 at Waterford, County Waterford, Ireland .1
  Sir John de Cary lived at Upper Cary, Devon, England .1 He held the office of Lord Chief Baron of the Exchequer in 1386.1 On 20 August 1387 at Shrewsbury, Shropshire, England , he was one of the judges summoned by King Richard II.1 In 1388 he was impeached and banished to Waterford.1
  Child of Sir John de Cary and Margaret de Holeway
  Sir Robert Cary + b. c 13801
  Citations
  [S37 ] Charles Mosley, editor, Burke's Peerage, Baronetage & Knightage, 107th edition, 3 volumes (Wilmington, Delaware, U.S.A.: Burke's Peerage (Genealogical Books) Ltd, 2003), volume 1, page 1382. Hereinafter cited as Burke's Peerage and Baronetage, 107th edition.
  
  === !Sir John CARY of Devonshire on 5 Nov 13 ===
  !Sir John CARY of Devonshire on 5 Nov 1387 was made Judge and Chief Baron of the Exchequer by KING RICHARD II. He owned Cockington and bought Clovelly in 1390. After KING HENRY IV put RICHARD II to death, SIR John was banished to Waterford, IRELAND where he lived until his death.
  
  === from BKH. Holway is NE of Devon. his oc ===
  from BKH. Holway is NE of Devon. his occupation was knight for EdwardIII, and Richard II.
  
  === !The Cary Family in England, pg 26 and ===
  !The Cary Family in England, pg 26 and 27.
  
  === mentionned in the entry of his son Robert in Historyofparliamentonline ===
  Robert’s father, Sir John Cary, having been appointed chief baron of the Exchequer in November 1386, was impeached in the Merciless Parliament of 1388 and sentenced to be executed for his part in the Nottingham judgements. Although the sentence was commuted to banishment to Ireland and he was allowed a pension of £20, his lands and goods were forfeited to the Crown. ....Sir John died in exile at Waterford in May 1395,
  
  === Sir John de Cary, of Upper Cary; Lord Ch ===
  Sir John de Cary, of Upper Cary; Lord Chief Baron of Exchequer 1386; one of five judges summoned by Richard II to Shrewsbury 20 Aug 1387; impeached 1388 and banished to Waterford; married 1376 Margaret, daughter of Richard de Holeway, of Northlaw, Beaworth and Morton Devon, and died Waterford 1404. [Burke's Peerage]
  
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  Following copied from Hibbard Family Website, www.angelfire.com/oh4/civwar/family/cary.html
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  This Sir John was a very noted man. Prince says,
  
  "On the 5th day of November, 1387, he was by the King, Richard II, made Chief Baron of the Exchequer, and advanced to be a Judge of the land; who being now placed in a high and spacious orb, he scattered the Rays of Justice about him with great splendor.
  
  "In this post he continued many years, manifesting in all his actions, an inflexible Virtue and Honesty; and indeed it fell out al last that he had extraordinary occasion laid before him, for the proof and trial thereof, upon which we find him as true as steel, for the greatest dangers could not affright him from his duty and Loyalty to his distressed Master, King Richard II, unto whom he faithfully adhered when most others had forsaken him."
  
  After the King was put to death by Henry IV, Sir John was banished and all his goods and lands confiscated to his royal master.
  
  Prince says, "He was banished to Waterford, Ireland, where he was no less than four Years in Banishment. A long time, God knows, for an aged person of a nice and tender way of living to be confined to the Shades of Misery and Sorrow." He died at Waterford in 1404. Among his estates were Cockington and Clovelly.
  
  === !On the 5th. of Nov. 1387, he was by Kin ===
  !On the 5th. of Nov. 1387, he was by King Richard II made Chief Baron of the Exchequer, and advanced to be a judge of the land;" he scattered the rays of justice about him with great splendor."He lost his lands and goods for his loyalty to his King. From The Cary Family in England,by H.G.Cary.

• m. 1374 in Holway, Devon, England
• m. 1376

1. Robert Cary, b. ABT 1375 in Holway, Devon, England     d. 1431 in Bristol Castle, Somerset, England

1. Title: Legacy NFS Source: Sir John Cary V - Individual or family possessions: birth-name: John Cary Sir Knight
   Note: Individual or family possessions: birth-name: John Cary Sir Knight Individual or family possessions: male Individual or family possessions: birth: about 1350; Holway, Somerset, England Individual or family possessions: death: 1404; Waterford, County Waterford, Ireland
   Page: Migrated from user-supplied source citation: urn:familysearch:source:3244468125
   
2. Title: Prenuptial Agreement for the marriage of John Cary and Margaret Holway, daughter of Robert Holway
   Author: Proceedings at Meetings of the Archaeological Institute, 2 Nov 1855, pp415-416
   Publication: Name: https://archaeologydataservice.ac.uk/archiveDS/archiveDownload?t=arch-1132-1/dissemination/pdf/013/013_meetings.pdf;
   Note: Transcript of original manuscript agreement between John Cary and Robert Holway
   Page: Record of date of marriage, which the document states is to be performed in the feast of Saint Michael (Michaelmas) in the same year, ie 29 Sep 1356
   
3. Title: Vivian, "The Visitations of the County of Devon", page 150
   
4. Title: Calendar of Close Rolls, Richard II: Volume 6, 1396-1399
   Author: 'Close Rolls, Richard II: May 1398', in Calendar of Close Rolls, Richard II: Volume 6, 1396-1399, ed. A E Stamp (London, 1927), pp. 262-273. British History Online http://www.british-history.ac.uk/cal-close-rolls/ric2/vol6/pp262-273 [accessed 7 February 2020].
   Publication: Name: https://www.british-history.ac.uk/cal-close-rolls/ric2/vol6/pp262-273;
   Note: May 10. Westminster. To Thomas Bathe escheator in Somerset. Order to give Robert Cary, son and heir of John Cary knight, livery of 24 messuages, twelve carucates of land, 160 acres of meadow, 100 acres of pasture, 100 acres of wood and 18s. 4d. of rent in Hardyngton; as in the last parliament, begun at Westminster on Monday after the Exaltation of Holy Cross last, adjourned to the quinzaine of St. Hilary then next at Shrewsbury and there ended, it was shewn by certain lords appellant, namely Edward duke of Aumarle, Thomas duke of Surrey, John duke of Exeter, John marquess of Dorset, Thomas earl of Gloucestre, John earl of Salisbury and William earl of Wiltesir, how that Thomas late duke of Gloucestre, Richard late earl of Arundell and Thomas earl of Warrewyk in great number arrayed in manner of war lately at Haryngey rose against the king and their allegiance, whom at that time the king might not resist without too great peril of his person and of his lieges, and by compulsion caused the king to summon a parliament at Westminster on the morrow of the Purification 11 Richard II, which parliament so begun they continued to the end in like manner, therein rendering a number of judgments for manslaughter and otherwise upon divers lieges, and for forfeiture of their lands and goods, and publishing divers statutes and ordinances, for which the duke of Gloucestre and earls of Arundell and Warrewyk were in the said last parliament convicted of high treason against the king's majesty; and thereupon the lords appellant and the commons of the last parliament, considering that the summons of the parliament of 11 Richard II was expressly contrary to the right of the crown and to the freedom of the king's person and estate, prayed the king that that parliament should be annulled, that the judgments, ordinances and statutes therein made and rendered and all things that thereupon depend should be revoked as done without authority and contrary to the king's free will, and that lands, fees and advowsons whatsoever seized by colour thereof should be restored; and the lords spirtual and temporal and the proctors of the clergy, beingm severally examined, agreed that the said parliament and all therein done should be quashed, and restitution made as foresaid, wherefore of his mere motion, with assent of the lords spiritual and temporal, the proctors of the clergy and the commons, and by advice of the justices and serjeants at law it was by the king determined and adjudged that so it should be, and that lands, fees, advowsons and others possessions so seized as forfeit should be delivered again to them that were adjudged or put out and to their heirs and to such as otherwise have action or title therein with all liberties, privileges etc. as fully as at any time heretofore, witout having any issues or profits in the mean time; and at suit of the said Robert Cary, praying restitution of the said lands etc. in Hardyngton, which by colour ofa judgment against his father rendered in the parliament of 11 Richard II were seized into the king's hands, the king ordered the sheriff to give notice to John Wadham knight and William Hankeforde tenants thereof to be in chancery at a day past inorder to shew cause wherefore such restitution ought not to be made, and the sheriff returned that byWilliam Neution and John Wade he gave them notice as required; and at that day they appeared by John Kirkeby their attorney, and Robert Cary in person, and the said tenants alleged that they are tenants of the premised by grant of the king, and without the king ought not to answer, craving aid of the king, which was granted, and Robert Cary was told to sue with the king for licence to proceed; whereupon he after produced in chancery a writ of privy seal addressed to the bishop of Exeter the chancellor directing him to proceed, provided that he should not proceed top rendering of judgment without advising the king, and the said tenants came not, wherefore he was told to sue with the king for licence to proceed to judgmentp; and he after produced in chancery another writ of privy seal directing the said chancellor to procced to judgment the first writ notwithstanding, and after full deliberation with the justices, the serjeants at law and others of the coucil learned in the law it was determined that restitution should be made him. To the same. Like order, mutatis mutandis, concerning five messuages, 180 (sic)acres of land, 5(sic) acres of meadow, 8 acres of pasture and 15s. of rent in Chilton Cauntelo, whereof John Wadham knight and William Hankeforde are tenants of 100 acres of land, 8 acres of meadow and 8 acres of pasture, Willilam Tokelle, Juliana his wife and Philip son of Juliana of a messuage, 12 acres of land and 1acre of meadow, John Stranuge and Joan his wife of a messuage, 24 acres of land and 1 acres of meadow, Richard William and Gounella his wife of a messuage, 12 acres of land and 1 acres of meadow, Benedict Corme and Avice his wife of a messuage, 12 acres of land and 1 acre of meadow, and John Bertelet of a messuage, 12 acres of land and 1 acre of meadow, the other tenants not appearing, and John Wadham and William Hankeforde appearing (as above) etc. To the escheator in Devon. Like order, mutatis mutandis, concerning the manors of Toryton and Cokyngton, whereof John de Holand duke of Exeter and earl of Huntyngdoun is tenant, notice being given to the duke by Thomas Saunder and John Colbroke, who appeared by Simon Gaunstede his attorney.
   
5. Title: International, Find A Grave Index for Select Locations, 1300s-Current
   Publication: Name: http://search.ancestry.com/collections/60541/records/2205935;
   
6. Title: UK and Ireland, Find A Grave Index, 1300s-Current
   Publication: Name: http://search.ancestry.com/collections/60526/records/2483086;
   
7. Title: Web: Netherlands, GenealogieOnline Trees Index, 1000-Current
   Publication: Name: http://search.ancestry.com/collections/9289/records/15422344;
   
8. Title: Ancestry Family Trees
   Author: Ancestry Family Tree
   
9. Title: Millennium File
   Publication: Name: http://search.ancestry.com/collections/7249/records/10298364;
   
10. Title: pedigrees
    Author: Visitations of Devon 1620 Burkes' Genealogical and Heraldical History of Commoners go to Adam Karry L2S5-HMP sources
    
11. Title: Calendar of Close Rolls, Richard II: Volume 6, 1396-1399
    Author: 'Close Rolls, Richard II: November 1396', in Calendar of Close Rolls, Richard II: Volume 6, 1396-1399, ed. A E Stamp (London, 1927), pp. 16-25. British History Online http://www.british-history.ac.uk/cal-close-rolls/ric2/vol6/pp16-25 [accessed 7 February 2020].
    Publication: Name: https://www.british-history.ac.uk/cal-close-rolls/ric2/vol6/pp16-25;
    Note: Nov. 21. Westminster. To John Copleston escheator in Devon. Order to give Margaret wife of John de Cary knight deceased restitution and livery of the lands etc. hereinafter mentioned, with certain exceptions, and the issues thereof taken, saving to the king her homage, if to him due; as upon the finding of an inquisition, taken by commission of the king before the said escheator, William Hankeford, John Prestecote and William Burleston late escheator, that Richard Snellard late vicar of Hatherlegh gave to John de Cary and Margaret and to the heirs of their bodies five messuages and three carucates of land in Lotternaforde, Hothille and Bowod, with 40s. of rent in those towns, by name of all his lands therein with the rents and services of John Lotternaford, Richard Sacry and John Sopere for lands in Lotternaforde by them held of him, one carucate of land in Luedoun with 40d. of rent in Wrey by name of all his land with all his villeins there and the rents and services of Joan daughter of Roger Wrey with the lands by her held of him in Wrey, 20s. of rent in Heghen by name of the rents and services of William Caryslegh the elder and William Caryslegh the younger for all lands by them held of him in Heghen, 20s. of rent in Brugge by name of the rents and services of Warin Baillyf for all lands etc. by him held of the grantor in Brugge, a fifth part of the manor of Northliewe and four messuages and four carucates of land in Holewaye, Fenne, Atterlake, Horethorne and Ribbesdoun lately held for life by Margaret who was wife of William Holewaye, that they were accordingly seised of the premises in the late king's time, long before 1 August 11 Richard II, that all the said tenants attorned to them, that they continued their estate until by reason of a judgment against the said John rendered in parliament at Westminster on the morrow of the Purification 11 Richard II, whereby it was determined that all goods and lands that were his on 1 August aforesaid should be forfeited, the same were seized into the king's hands, that Margaret who was wife of William Holewaye was dead, that John de Cary died on Friday before Whitsuntide 18 Richard II [9 April 1395], and that the premises came to the king's hands by reason of the said judgment and for no other cause, at suit of the said Margaret [wife of John] praying restitution of the same, which with other lands of the said John the king committed to Robert Cary esquire and Thomas his brother, the king ordered the sheriff to give notice to the said Robert and Thomas, to whom the king committed the keeping of all lands of the said John in Devon, by name of John de Cary knight who forfeited to the king, except the manors of Toryton and Cokyngton previously committed to John de Holand earl of Huntingdon, to be in chancery at a day past in order to shew cause wherefore restitution ought not to be made and livery given to the said Margaret; and Robert Cary and Thomas being warned, as the sheriff returned, appeared in person, and neither they nor the serjeants at law said aught to the purpose wherefore that should not be done, and proclamation being there made for any who would give the king and council information, when no man appeared, after deliberation with the justices and others of the council learned in the law it was determined that restitution be made, with the issues taken since the death of John Cary. Proviso that livery be not given of any lands or rents acquired jointly by John de Cary and Margaret or by the said John only after the date of a writing to them made on Tuesday after St. John Baptist 31 Edward III, nor of more than they acquired by virtue of that writing, the tenor whereof is herein enclosed, and that before executing this command the escheator shall take information touching the truth of the premises by inquisition and examination. To John Copleston (as above). Like order concerning the lands etc. hereinafter mentioned; as upon the finding (as in the last) that Robert de Holeweye gave to the said John de Cary and Margaret and to the heirs of their bodies, with remainder to the grantor's right heirs, a messuage, one carucate of land and 20s. of rent in Estkenbere, by name of all his lands there, the rents and services of William Bradeston and all lands of him held by the said William and formerly held for life by Margaret de Kelly in that town, that they were accordingly seised of the premises etc. (as in the last), that Margaret de Kelly attorned tenant to them, that they continued etc. (as before), that Margaret de Kelly was dead etc., at suit etc. (as in the last, mutatis mutandis). Proviso (as in the last).
    
12. Title: Legacy NFS Source: Sir John Cary V -
    Author: Burke's Peerage & Baronetage, 106th Edition, Charles Mosley {1999}, Page number: 1027
    Note: Source Media Type: Book
    Page: Migrated from user-supplied source citation: urn:familysearch:source:2736742367