John Cole, Knight of Nythway

• Sir John Hody (died 1441)[1] was an English judge and Chief Justice of the King’s Bench
• Hody was descended from a family of considerable antiquity, though of no great note, in Devon. Jordan de Hode held lands in Hode in the thirteenth century; Richard de Hody was the king's escheator of that county in 1353/4 and 1357/8; and the same office was filled by William Hody in 1400/1. The father of the chief justice was Thomas Hody, who was lord of the manor of Kington Magna, near Shaftesbury, in the adjoining county of Dorset, in 1419/20, and in the same year was king's escheator there. He married Margaret, daughter and heiress of John Cole, of Nitheway, near Torbay, in Devon, which thus became the birthplace of his children. Their elder son Alexander was a devoted partisan of the Lancastrian cause, and was attainted in the first year of Edward IV. for his adherence to Henry VI.
• John, the younger son, was educated as a lawyer, .... etc.
• The judge had an estate at Stowell, in Somerset, as early as 1427/8; but he was for some time seated at Pillesden, in Dorset, which came to him, together with the manor of Whitfield in the parish of Wivilscombe, in Somerset, and other property in both counties, by his marriage with Elizabeth,daughter and heiress of John Jewe, son and heir of John Jewe, by Alice, daughter of John de Pillesden. After his death his widow married Robert Cappes, Esq., who was High Sheriff of Somerset and Dorset in 1445/6. She died in 1473, having had issue by her first husband five sons and several daughters.
• .... etc.
• From: https://en.wikipedia.org/wiki/John_Hody ______________
• Dictionary of National Biography, 1885-1900, Volume 27
• Hody, John by John Andrew Hamilton
• HODY, Sir JOHN (d. 1441), chief justice of the king's bench, of an old Devonshire family, was son of Thomas Hody, lord of the manor of Kington Magna, near Shaftesbury, Dorset, and king's escheator there under Henry V, by Margaret, daughter of John Cole of Nitheway, Torbay. From 1425 his name often occurs in the year-books, and he must have become a serjeant-at-law before 1436, for in that year he contributed as a serjeant to the equipment of the army sent into France. He represented Shaftesbury in parliament in 1423, 1425, 1428, and 1438, and the county of Somerset in 1434 and 1440. On 13 April 1440 he succeeded Sir John Juyn as chief justice of the king's bench, died in December 1441, and was buried at Woolavington, Somersetshire. Prince says of him that he won golden opinions, and Coke (Institutes, pref.) says he was one of the ‘famous and expert sages of the law’ who assisted Lyttelton. He had estates at Stowell in Somerset and Pillesden in Dorset, the latter acquired through his wife Elizabeth, daughter and heiress of John Jewe, by whom he had five sons, including William Hody [q. v.], who became chief baron in 1486, and several daughters.
• [Foss's Lives of the Judges; Prince's Worthies; Hutchins's Dorset, i. 317; Risdon's Devon, xvi. 60; Collect. Topogr. vii. 22; Register Chichele Lambeth, 481 b.; Engl. Chron. (Camd. Soc.), p. 60; Rot. Parl. iv. 285, v. 477; Pat. 18 Hen. VI, p. 3, m. 5.]
• From: https://en.wikisource.org/wiki/Hody,_John_(DNB00) ________________
• Footnote (b): The Continuator of Hutchins gives the following note to this article in the pedigree of Hody: "Sir William Pole, in his Description of Devonshire, pp. 282, 284, says that 'William Cole held Nitheway, in this parish of Brixham, in kinge Richard II. tyme; unto whom succeeded John Cole, whose daughter Margaret was married unto Sir John Hody, chief justice of England, which had issue sir John, sir Alexander and William. Sir John Hody, knt. married Elizabeth, daughter and heire of John Jewe, of Whifilde, and had issue John Hody and sir William, of Pillesdon, knt. chief baron of the Exchequer.' But William, who is here mentioned as the third son of Margaret, is not taken notice of in any other account of the family; and it appears, from the concurrent authority of all the pedigrees, that the lord chief justice was not her husband, but her eldest son. If any further testimony were wanting the following would be conclusive evidence upon the subject: Sciant, &c. q'd no Nic'us Aysheton, mil. Justic' D'i R's de com' banc', et Will' Carent', arm', tradi, &c. Elizabethae ux'i Rob'i Cappis arm' q'd'm ux' Joh'is Hody mil', nup' cap' justic' D'i R's, man' de Nitheway, in com' Devon' et terr' in Bromston in co' pr'd'o, quae nuper ten' cu' pr'd'o Joh'e Hody, Tho' Carew, mil', Joh'e Gambon, et Joh'e Hengescot defunctis nup' hab' ex dono et concess' Joh'is Cole de Nitheway arm. ad usu' p'd'i Joh'is Hody, habend' d'c'e Elizabethe at termin' vitae suae, &c. et post mortem d'c'e Eliz. &c. reman' Joh'i Hody, filio et haer'i Joh'is Hody, militis, in perpetuum. Hiix testibus Jacobo com'e de Wilts, Will'o d'no Bonvill milit', Joh'e Cheney, arm', Waltero Ralegh, et Walt' Rayneld. Dat. ap' Nitheway, vicess'o oct'vo die April', anno R'i R'is Hen'ci Sexti tricess'o quarto." [1457-1458]
• From: http://newsgroups.derkeiler.com/Archive/Soc/soc.genealogy.medieval/... __________________
• The Genealogy of the Family of Cole, of the County of Devon: Of the County of Devon, and of ... by JAMES. EDWIN-COLE
• https://archive.org/details/genealogyfamily00edwigoog
• https://archive.org/stream/genealogyfamily00edwigoog#page/n15/mode/1up
• Pg.2
• 1 WILLIAM COLE, of Hutenesleigh (now called Hittisleigh) in the county of Devon, living in the year 1243, whose son and heir
• https://archive.org/stream/genealogyfamily00edwigoog#page/n16/mode/1up
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• 2 ROGER COLE,* had "his dwelling at Coleton," in Chumleigh, and also held, in 27 Henry III., Hantesford, in that parish.† In 25th of Edward I. he was "returned from the county of Cornwall as holding lands or rents to the amount of £20 yearly value and upwards, either in Capite or otherwise, and as such summoned under the general writ to muster at London, on Sunday next after the Octaves of St. John the Baptist (7 July, 1297), to perform Military Service in person with horses and arms, &c., in parts beyond the Seas ;" ‡ and also again summoned with his son William§ to muster at Berwick-on-Tweed, on the nativity of St. John the Baptist, to perform service against the Scots in 1301. He was father of
• 3 ROGER (of whom immediately), and of the above-named William, who probably perished in this expedition, as there is no further trace of him ; and perhaps his early death may account for the omission of his name in the family pedigree drawn up, in July 1630, by Sir William Segar, Garter, King-at-Arms.
• 3 ROGER was heir to his father Roger, and lived in the reign of Edward II. ; his son and heir was
• 4 JOHN COLE, of the counties of Devon and Cornwall, who, in 1324, was described as "John Cole de Tamer, Man-at-Arms, || and
• https://archive.org/stream/genealogyfamily00edwigoog#page/n17/mode/1up
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• returned by the Sheriff of the county of Devon, pursuant to Writ tested at Westminster, 9 May, as summoned by proclamation to attend the Great Council at Westminster, on Wednesday after Ascension Day, 30 May, 17 Edward II." In the 9th of Edward III (1335) he had free warren in Tamer, Lydeston, Hokesbere, and Hutenesleigh in the county of Devon, and in Rispernatt ;* and it appears by a Fine of 15 Edward III. (1341) that he was possessed of the manors of Respnel in the county of Cornwall, Launceston, and Stokley, and of the manor of Uptamer, Nytheway, and Hutenesleigh, the third part of the manor of Winston, and divers other lands in the county of Devon. He left a son and heir,
• 5 SIR JOHN COLE, knight, of Nythway, in the parish of Brixham, who, on 25th July, 4 Richard II. (1380) was "knighted (before the castle of Ardres) in Fraunce, by the Erl of Buckingham Thomas of Woodstock, Lord Deputy there for the King,"† and who married Anne, daughter and heiress to Sir Nicholas Bodrugan,‡ knt., by whom he had issue,
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• 6 WILLIAM COLE (called Sir William Cole of Tamar, knt., by De la Pole, and also in a Herald's Visitation of Devon), who married Margaret, daughter of Sir Henry Beaupell, knt, and by her was the father of
• https://archive.org/stream/genealogyfamily00edwigoog#page/n19/mode/1up
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• 7 SIR JOHN COLE, knt, who was in "the Retynew of the Duke of Gloucester,* at the Battell of Agincourt on Fryday, the XXVth day of October in the yere of our Lord God, 1415, and in the Third yere of the Reigne of the most Excellent Prince, King Harry the Fifte ;" and it is probable that he received his spurs for his conduct on that glorious field. He married Agnes, daughter of Sir —— Fitzwarine, knt., and had issue four sons, viz : —
• I. Sir Adam Cole, knt., his heir, who succeeded at Uptamer and Nythway, and marrying Elizabeth,† daughter of Sir Richard Weston, knt, had a son John, the father of John, who left issue only two daughters, his co-heirs, viz. : — Elizabeth, married to Sir John Huddy, of Stowell, co. Somerset, Chief Justice of England ; and Joane, married to John Anne of ——— co, Gloucester. Sir Adam also married Margaret,† daughter of Sir Henry de la
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• Pomeroy, knt., and their sole daughter,* married John Holbeame of Holbeame, in co. Devon, esq., and had issue William Holbeame†, Sir William de la Pole adds, "from Margaret, wife of Adam Cole, is descended Baynham of Gloucestershire."
• 8 II. JOHN COLE, of whom hereafter (see p. 12).
• 8 III. WILLIAM COLE,‡ who married and had two sons, William 9 (of whom hereafter), and Stephen, his heir, who married
• https://archive.org/stream/genealogyfamily00edwigoog#page/n21/mode/1up
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• Joane,* daughter and heiress to John White, by whom he had Jane, married to Robert Tozer ; Mary, married John Kestall (or Castell) ; Joane, married to John Truebody ; Thomasine married to John Tucker; and John Cole, his heir, who married Margaret,† daughter and heiress to Thomas Clarke, and by her had issue : — 1. John, his heir (who married Margaret, daughter to John Fortescue of Spriddleston, and had a son, John, who died s. p) ; 2, William, eventual heir ; 3, George ; 4, Edward ;‡ 5, Thomas ; 6, John ; 7, Roger ; 8, Stephen ; and Anne, married to Thomas Jeoffery of Tredineck.
• IV. Robert Cole § (fourth son of Sir John and Agnes) was father of John Cole of Treworgee in St. Cleer, near Liskeard, who had a son Walter, the father of Stephen, who by his wife Jane, daughter and heiress to Robert Wyatt, had John Cole, of Cornwall, || esquire, his heir.
• https://archive.org/stream/genealogyfamily00edwigoog#page/n22/mode/1up
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• 9 WILLIAM COLE (see p. 7) was father of JOHN COLE of Sudbury,* in 10 Suffolk, "where he lies buried, who married Elizabeth, daughter of John Martyn of —— , by whom he had five sons, viz. : —
• I. Martin Cole, M.P. for Sudbury, 14 Queen Elizabeth, who married Ellen, daughter of —— Hancocke, by whom he left, 1, Martin Cole of Sudbury, who married Anna, daughter of —— Andrews, but died s.p. 9 December, 1620, and left by his will, dated 28 September, 18 James 1st, a yearly rent-charge of £14 to be distributed among the poor, and the ministers of Sudbury; 2, Caesar Cole, heir to his brother, 40 years old in 1620, who married Margaret, daughter of —— White, and had Elizabeth, Martin, John, and Thomas; 3, Richard Cole ; and a daughter, married to —— Brown.
• II. William Cole of Sudbury married Catalina, or Catherine, daughter of Ferdinando de Gallegos, a Spaniard of noble extraction, and had two sons, of whom the elder, Robert, married Anna, daughter of —— Cooke of Kersey, in Suffolk, and died s. p, ; and the second, Roger, was, in 1623, of the parish of St. Saviour's, in Southwark, in the co. of Surrey, gent. ; he married Anne daughter of Edward Maisters of Rotherhithe, in Surrey, by whom he had issue, 1 Roger, 2 Roger, 3 John, who all died young, Elizabeth, married to William Oland of London, Susanna married to William Locke of Merton, in Surrey, Anne and Catalina. This William Cole married secondly Elizabeth Rushan, by whom he had 1 John, 2 Martin, 3 William, 4 Edward, 5 Jeoffrey, 6 Parnell, and Elinor, married to James Raye.
• https://archive.org/stream/genealogyfamily00edwigoog#page/n23/mode/1up
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• III. Robert Cole (third son of John Cole and Elizabeth Martyn).
• IV. RICHARD COLE (son of same John and Elizabeth) was of Bishop's Waltham, in the county of Southampton, and father of .... etc.
• https://archive.org/stream/genealogyfamily00edwigoog#page/n24/mode/1up
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• V. Edward Cole, (sometimes called eldest son of John and Eliz.), was principal registrar to the Bishop of Winchester, mayor of that city in 1587, and M.P. for the same in 43 Queen Elizabeth ; he married Christian, daughter of Wm. Holcroft, and by her had issue, four sons, and two daughters, viz : — .... etc.
• https://archive.org/stream/genealogyfamily00edwigoog#page/n25/mode/1up
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• II. We now return to JOHN,* (second son of Sir John Cole, knt.) who married Jane, daughter of Robert Meryot of Devon, and had two sons, viz. : — Simon, his heir ; and WILLIAM, of whom presently, viz., on p. 22. Sir Simon (as he is frequently designated) † was seated at Slade, in the parish of Cornwood, in the county of Devon, and died 12 Henry VII. (1497). He married Alice,‡ daughter and co-heir to — Leuri, of the county of Devon, had a daughter Joane, married to William Hele,§ of South Hele in Copneywood, Devonshire, esq. (by whom she had issue, represented by James Modyford Hele, who died a minor in August, 1716) § and a son, John Cole, of Slade, one of his Majesty's Justices of the Peace for the county of Devon in 1512-13, etc., who died 21 Nov., 35 Henry VIII., (1543), having had issue by his wife, Thomasine, || daughter and heiress to Thomas Wallcot of Walcot in the county of
• .... etc. ______________________
• The Peerage of Ireland: Or, A Genealogical History of the Present ..., Volume 6 By John Lodge, Mervyn Archdall
• https://books.google.com/books?id=z4oUAAAAYAAJ&pg=PA38&lpg=PA38&dq=...
• https://archive.org/details/peerageofireland06lodg
• https://archive.org/stream/peerageofireland06lodg#page/38/mode/1up
• .... etc.
• William Cole of Hutenefleigh in county of Devon, who was living in the year 1243 † 1 his fon and heir Roger, living in 1295, (24 K. Edward I.) 2 was the father of Roger, living in the time of K. Edward II. 3 whofe fon John of the counties of Devon and Cornwall, had free warren, in Tanner, Liddefton, Hokefbere, and Hutenefleigh, in Devon 4 and it appears by a fine (15 Edward III.) that he was poffeffed of the manors of Refpnel, in county of Cornwall, Launcefton, and Stokley and of the manor of Uptamun ; Nythway ; and Hutenefleigh ; the third part of the manor of Winfton ; and divers other lands in the county of Devon : he left a fon and heir.
• Sir John Cole, Knt. of Nythway, who married Anne, daughter and heir to Sir Nicholas Bodrugan, Knt. ‡ and
  • † .... etc.
• https://archive.org/stream/peerageofireland06lodg#page/39/mode/1up
• had iffue William, who married Margaret, daughter of Sir Henry Bewpell, and by her was the father of
• Sir John Cole, Knt.— who married Agnes daughter of —— Fitz-Waryn, Knt. and had iffue four fons, viz. Sir Adam his heir; who fucceeded at Nythway and marrying Elizabeth, daughter of Sir Richard Wefton, Knt. had a fon John, the father of John, who left iffue, only two daughters, his coheirs, viz. Elizabeth, married to John Huddy of Stowell in county of Somerfet, chief juftice of England ; and Joan, to John Anne of county of Gloucefter.
• John, of whom hereafter.
• William, who married and had iffue two fons ; Stephen his heir : and William, the father of John, who marrying Elizabeth daughter of John Martyn, had two fons, Edward, and William ; Edward, the eldeft, was principal regifter to the bifhop of Winchefter, and married a daughter of William Holcroft, by her he had iffue four fons, and two daughters, viz. Edward his fucceffor in the regiftry (who married Elizabeth Ebden of Winchefter, and died after 1622, leaving Edward, Jane, Elizabeth, and Sufan) ; William, (who died without iffue) ; Martin, (who married Drufilla, daughter of —— Vaus of Outiam, Efq and had iffue) ; John, (who married a daughter of John Lynch, Efq. and had iffue) ; Anne, (married to Thomas Fryar) ; and Jane, (to Lancelot Thorp, alderman of Winton). William, brother to Edward the regifter, married Catharine, daughter of Ferdinand Galgas a Spaniard, and had two fons, viz. Robert (married to Anne, daughter of —— Cooke of Keofey in Suffolk and died without iffue) ; and Roger (who married Anne, daughter of Edward Mafters of Rotherith in Surrey), Stephen (eldeft fon of William, and grandfon of Sir John) married Joan, daughter and heir to John White, and had John his heir, who
• .... etc. _________________

BROWNSTONE FARM, NEAR KINGSWEAR. A Devon Farm through Seven Centuries. By Ray Freeman

THE COLE AND HODY FAMILIES. c. 1377-1653.

Risden writing in 1630 records that in the time of Richard II (1377-1400):

"William Cole held Nethway; unto whom succeeded John Cole, whose daughter Margaret and heiress was married to Sir John Hody, Chief Justice of England."

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