David Malpas (abt. 1170 - abt. 1217)

Born about 1170 in Malpas, Cheshire, England [uncertain]

Ancestors

Descendants

Died about 1217 at about age 47 in Malpas, Cheshire, England [uncertain]

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Biography

1170 Birth and Parents

In his 2008 study, Peter Cotgreave notes that David le Clerk was one of three sons of William le Belward and William's wife, an unnamed daughter of Rafe ap Einion. ^[1] Cotgreave notes that William Camden, writing in 1637, reported seeing an ancient roll belonging to the Brereton family, which referred to "William Bellward lord of the moietie of Malpasse." Subsequently this roll was lost, but portions were copied by John Booth. Some details that were copied in 1578 show William Belward the "stipes" (founder) of the family. ^[2]

Cotgreave estimates David's birth as in the early to mid 1170s' "he certainly cannot have been born any later." ^[3] There are reports that "David de Malpass, called Dan David le Clerk, was Justice of Chester in 1188 (34 H 2)" ^[4][5]. Banks states that Dan David was sheriff of Cheshire in 1190 (36th Henry II), of which county he was also justice, and held three knights fees in the said king’s reign.^[6] However, Cotgreave believes that regnal year designation actually should have been to Henry III, not Henry II, since it is more likely that these references were to Dan David's grandson, David the Bastard. If these references were to Dan David, it would force his birth year estimate into the 1160's.

Siblings

Dan David is generally presented as one of three siblings. Cotgreave documents Richard and David and adds that, "as well as his sons Richard and David, William Belward is generally supposed to have had a son called Robert, ancestor of the Cholmondeley family." ^[7] The three siblings are presented by Collins^[8], Ormerod^[9], and and Banks. ^[6]

Occupation

Dan David le Clerk was an official at the court of the earl of Chester who appears as a witness in a number of charters.

Later writers such as James Croston, for instance, note that David, son of William Belward, was surnamed Le Clerc, from his being secretary to the Earl of Chester, who was knighted and made Justice of Chester. ^[10]

The most recent scholarship by Cotgreave fails to find evidence that David ever served as clerk, but agrees that use of the title is now a convenience to differentiate this David Malpas from others. ^[2]

1190 Marriage to Catherine Vaghan

There are varying identifications of David's wife or wives. Cotgreave does not identify a wife for David le clerc. Some women named as wife in some accounts cannot be David's wife for one reason or another. (See Research Notes). After eliminating other possibilities, one is left with Catherine Vaughan -- Katrin ferch Owain Fychan in Welsh -- as David's wife.

George Ormerod in assembling his History of Chester referred to original documents and after the first several generations, Cotgreave terms his work relatively reliable. Ormerod, however, is not consistent in naming David's wife.

• In Barons of Malpas ^[11] Ormerod names David's wife as Catherine, daughter of Owain Vaughan, lord of Meilor, and the two are parents of all four sons, Sir William, Philip Goch, David Golbourne, and Peter le clerc.
• In Egerton of Egerton ^[12] he names no wife for David, and shows two sons, Sir William de Malpas and Philip Goch.
• In Malpas of Hampdon and Bickley ^[13] Ormerod shows David with two wives, neither named; one the mother of William and Philip Goch, and the other the mother of David le Golborne.

William's children being born around 1190, assume 1190 as the rough time estimate for the marriage as well.

While Boyer notes that Sir David de Malpas, alias le Clerc, was lord of half the Barony of Malpas by descent, and the other half by right of his wife. ^[14][15] Cotgreave's analysis shows that it was David's father William le Belward who acquired a moiety of Malpas by marriage.

1194-1216 David le Clerk in Public Records

1194 Received Grant of Lands

In 1194 David received a grant of lands. ^[16]

1205-1217 Witnessed Charters

Cotgreave observes that David de Malpas witnessed a number of Ranulf II Earl of Chester's charters between 1205 and 1217. ^[17]

1209 Witnessed Grant

David de Mallo Passu and his son William, witnessed a grant by Hugh de Pasey of land in the Wood of Norburia, between 1209 and 1228, other witnesses were Robert de Praeriis, Hugh de Cholmundelegh and Richard de Brescy.^[18]

1210-1215. David clerico de Malpas witnesses charter for William son of Gerard granting him rights in all his lands. ^[19] Barraclough states this charter is of doubtful authenticity.

1208-1217 #372 David de Malpas witness to charter of Richard Pierrepont regarding lands in Chester. ^[20] Barraclough states this charter is of doubtful authenticity.

In 1216 the estates of the Sandford family were temporarily forfeited following their rebellion against King John, and given to David de Malpas. ^[21]

1217 Death

Cotgreave speculates that since David the Clerk disappears from the records after 1217, it is possible that he was one of the hundred knights who went on a crusade with Ranulf III, Earl of Chester, in 1218. ^[22]

Around 1219, William son of David de Malpas was a witness to the grant of property in the vill of Stapleford by William son of Henry de Stapleford to his daughter Muriel and her husband, Madoc, son of Wuku Seis.^[23]

William son of David de Malopassu granted land in Sokeliche township and liberty to land in Bulkile, to William son of Richard de Bulkileia, in circa 1220, which was witnessed by Hugh de Cholmundesle and others.^[24]

Issue

One of Ormerod's tables shows that by one wife David de Malpas had William de Malpas and Philip Goch and by another wife he had David de Golborne. ^[9] Ormerod notes that Sir William de Malpas, Philip and David his brothers, were witnesses to a grant made by Hugh de Cholmundelegh to his daughter Felicia of an "assart in CHOLMDELEG' called Burlegh" circa 1240. Other witnesses were Roger de Eggerton and Richard the clerk.^[25] Estimate the births of the sons to be around 1190.

1. Sir William de Malpas is recognized universally as the eldest son of David le clerc.^[25] He married Margaret, daughter of Cadogan de Lynton, by whom he had no children, and had a long-term relationship with Beatrix de Mantalt, by whom he had numerous children. Having no legitimate descendant, William made his younger brother, Philip, heir to his estates. ^[26]
2. Philip Goch ^[26] the second son, ^[27][25] resided at Egerton and took the name Egerton.
3. David Golburne, ancestor of the Golburne's of Golburne. ^[15]

Some sources add a fourth son, Peter le clerc, from whom descended the Le Roters, or rutters, of Thronton-in-the-Moors. ^[10] Peter is well documented, and his data appears to contradict him being a son in this family.

The 1380 Law Suit

The earliest documentation for this David de Malpas is a lawsuit dated almost two centuries later in 3-4 Richard 2 (1380-1381).^[28]

The lawsuit identifies the father, David, as well as two sons, William and Philip.

• William (Malpas-131), was David's oldest son, who inherited property. David's grandson "David the Bastard" (Malpas-97), William's base born son, occupied the property.
• Philip Goch (Malpas-97), was David's second son. Upon Williams' death without legal heirs, Philip should have inherited the property, and passed it to his own descendants. ^[28]

Wrottesley, summarizing the lawsuit, identifies the father David as "David le Clerk" ^[28] While documentation that David actually served as a clerk to Cheshire officials has yet to be found, Cotgreave agrees that referring to this David as "David le clerk" is a convenience to distinguish him from other Davids.

On its face, the lawsuit sought to establish the legitimacy of David's grandson David, but in fact it was a battle for one-fourth the income stream from the Malpas barony. The case pitted Philip's descendants against the descendants of Philip's brother William's bastard son, David. Specifically, Walter de Cokesey and Isabella, his wife, in Cestria, sued John de Masey, Kt, and others for a fourth part of the manor of Malpas. ^[28]

The lawsuit established that in fact the grandson David was a bastard, and thus had no inheritance rights, and the income stream belonged not to his descendants, but to those of his uncle Philip. In the process of identifying this, the lawsuit identified David and his two lines of descent to the warring parties.

David's Descendants and the 1380 Law Suit

Parent/child relationships for two lines of descent from this David Malpas were established in a lawsuit dated 3-4 Ric 2 (1380-1381). ^[26]

The issue was one-fourth of the income stream from the barony of Malpas. The court determined that David Malpas (Malpas-97) was in fact a bastard and that therefore his descendants were not entitled to the income stream. The property reverted to David the Bastard's uncle Philip and his line of descendants. ^[26]

The two competing lines of descent identified in the law suit are:

Line A

1. David (le Clerk), born 1150. ^[26] Malpas-130. Wrottesley displays the elder David as David le Clerc, but that title was apparently not in the law suit and identification of the elder David as that person is disputed by Wolcott.
2. William ^[26] Malpas-131. Lived with Beatrix, Montalt-7
3. David. (The Jury found that David, son of William was a bastard) ^[26] Malpas-97
4. Idonea, with sister Beatrice ^[26] Malpas-121
5. John ^[26] St. Pierre-84
6. Urian ^[26] St. Pierre-83
7. John, husband of Isabella ^[26] St. Pierre-66. Wife Isabella Trussell (Trussell-98)
8. Urian ^[26] De Saint Peter-1
9. Isabella, wife of Walter de Cokesay (brought suit against John de Masey, Kt, and others for one fourth part of Manor of Malpas) ^[26] St. Peter-4; Cokesey-4

Line B

1. David (le Clerk), born 1130. ^[26] Malpas-130; married Catherine Vaughan-164.
2. Philip ^[26] Malpas-37
3. David de Malpas ^[26] Egerton-51
4. Philip ^[26] Egerton-90
5. David^[26] Egerton-84
6. Philip ^[26] Egerton-89
7. Isabella (married John de Delves, dead in 1380) and Elena (married William de Brereton, dead in 1380, and had son William) ^[26] Isabella Egerton-85, born 1310, currently shown as daughter of David Egerton-84, brother of Philip Egerton-89. John Delves= Delves-7, born 1318.

Research Notes

Who was David's Mother?

Cotgreave asserts simply that David's father William le Belward married an unnamed daughter of Ralph ap Einion. ^[1]

Some sources give this unnamed daughter the name Beatrix, presumably named after mother, Ralph's wife Beatrix, daughter of the Earl of Chester. The most reliable sources do not show Earl Ranulf with a daughter Beatrix, however, so this relationship is uncertain.

Some sources, however, such as Collins ^[8] as well as Maloney ^[5] and Banks ^[6] incorrectly conflate the two Beatrices and make Beatrix, daughter of the earl, to be the wife of William le Belward

Did David le Clerk marry Margred ferch Rafe?

Collins states that David de Malpas, called also Le Clerc, from being Secretary to the Earl of Chester, married Margaret, daughter and heir of Ralph ap Eynion, by Beatrix, daughter of Ranulph, the second of that name, Earl of Chester. ^[8]

In the Table "Egerton of Egerton of Olton" of the 1580 Visitation of Cheshire ^[29] David le Clerke, Baron of Malpas is married to "Margaret, daughter and heir of Ralph, Baron of Mallpass and Beatrix, sister to Hugh Keveliock, Earle of Chester. In the Table "Barons of Malpass" ^[30] the same information appears in Latin: "David le Clerc married Margaretha, filia et haeres Radulphus, Baro de Malpas and Beatrix, soror Hugonis Keveliocke, co. Cestriae." Both tables show David and his wife Margred as the parents of Sir William Malpas and Philip Gogh.

Numerous other compilations have followed the Visitation: ^[10]

• Baronetage of England: "David (eldeft fon of William) ftiled Dan-David de Malpas, and fometimes Le Clerc, from his being Secretary to the Earl of Chefter, married Margaret, daughter and heir of Ralph ap Eynion. (a peffon of great note and large poffeffions, in Wales and Chefshire), by Beatrix, daughter Ranulph, the fecond of that names, Earl of Chefter." ^[31]
• Banks: Dan David married Margaret, daughter and heir to Ralph ap Enyon, a person of great note, by his wife Beatrix, sister to the aforesaid Hugh earl of Chester, and thereby is said to have become possessed of the entire barony of Malpas, viz, the one half by descent, and the other in right of his wife. Banks also states that Dan David married Margaret, daughter and heir to Ralph ap Enyon, a person of great note, by his wife Beatrix, sister to the aforesaid Hugh earl of Chester, and thereby is said to have become possessed of the entire barony of Malpas, viz, the one half by descent, and the other in right of his wife.^[6]
• Burke: "David de Malpas, otherwise Le Clerc, from being secretary to the Earl of Chester, m. Margaret, daughter and heiress of Ralph ap Eynion, by whom he had two sons." ^[32]
• Miscellanea Genealogica: "David de Malpass called Dan David le Clerk was Justice of Chester & lord of halfe ye Barony of Malpass in right of his wife Margaret coheire to Rafe ap Enion Baron of Malpass." ^[33]
• Howard. Howard reports that Dan David married "Marg" coheir to Rafe ap Einion, Baron of Malpass. ^[4] Howard notes that David was lord of half ye Barony of Malpass in right of his wife Marg coheir to Rafe ap Enion Baron of Malpass ^[4]
• Carl Boyer (2004): David, married Margaret ferch Ralph ab Einion ^[14] or Beannan of Malpas, or Margaret ferch Ralph ab Einion. ^[15] Boyer, however, states that Ralph ab Einion ap Dafydd ap Miles, born 1100, and his wife Beatrix of Chester, daughter of Ranulf and sister of Huge of Cyfeiliog, Earl of Chester, had only two children listed by Bartrum, one being David and the other being Beannan. ^[34]

Margred may be one of the unnamed daughters of Ralph and his wife Beatrix. That unnamed daughter, however, married William le Belward, David's father. ^[1]

Did David Marry Beannan de Malpas?

Bartrum's Malpas chart identified Sir David's wife as Beannan of Malpas. Ormerod (Chester 2:598) identifies the wife of David as Catherine, daughter of Owain Vaghan (Owain Fychan, or Vaughn), lord of Meilor, disputing the relationship to Ralph ab Einion (2:593) but the editor of the second edition states there may be some relationship.^[14][15]

Disambiguation: Multiple Davids

There are a number of men named Davids de Malpas born between 1060 and 1315 who may become confused, see Malpas Barons in Cheshire: Disambiguation.

Sources

1. ↑ ^{1.0 1.1 1.2} Cotgreave, 27
2. ↑ ^{2.0 2.1} Cotgreave, 18
3. ↑ Cotgreave, 19
4. ↑ ^{4.0 4.1 4.2} Joseph J. Howard. Miscellanea Genealogical Et Heraldica, Volume 1. P. 293. Egerton of Ridley, The Genealogie or Pedigree of ye Right Worshipfull Familey of Egerton of Ridley in ye County Palatyne of Chester, Being Extracted out of ye Ancient Records, Deeds and other Authentick Testimonies Pertaining to those Famileys of Egertons, and drawne down to these tymes by Randle Holme of ye Citty of Chester, Herauld Painter, Ano Dmi 1690. Copied from the original roll in the possession of Sir Philip de Malpas Grey Egerton, Bart., M. P., of Oulton Park, Tarporley London: Hamilton, Adams and Company, Paternoster Row, 1868. Accessed November 14, 2017 jhd
5. ↑ ^{5.0 5.1} James Maloney. Maloney, Hendrick & Many Others David le Clerc de Malpas Sheriff of Cheshire Based largely on Burke: Charles Mosely, Editor-in-Chief, Burke's Peerage & Baronetage, 106th Ed, 1999; 1232. Updated 2013-08-18. Accessed 2/21/2019 jhd
6. ↑ ^{6.0 6.1 6.2 6.3} T C Banks, The Dormant and Extinct Baronage of England, or, An Historical and Genealogical Account of the Lives, Public Employments, and Most Memorable Actions of the English Nobility who have Flourished from the Norman Conquest to the Year 1806, 3 volumes, (London: J White, 1807), I:203 Digital Image Internet Archive (https://archive.org/stream/dormantextinctba01bankuoft#page/202 : accessed 17 October, 2018).
7. ↑ Cotgreave, 14
8. ↑ ^{8.0 8.1 8.2} Arthur Collins. Collins's Peerage of England: Genealogical, Biographical and Historical. Greatly Augmented, and continued to the Present Time, by Sir Egerton Brydges, K. J. In Nine Volumes. London: 1812.Egerton, Earl of Wilton], Volume 5. page 528 ff Accessed November 6, 2018 jhd
9. ↑ ^{9.0 9.1} Ormerod, Helsby Edition, Volume II, page 641
10. ↑ ^{10.0 10.1 10.2} James Croston. County Families of Lancashire and Cheshire Chapter II, The Egertons page 119 and following. Accessed 5/9/2019 jhd
11. ↑ Ormerod helsby, II, 598
12. ↑ Ormerod Helsby, II, 628
13. ↑ Ormerod helsby II, 641
14. ↑ ^{14.0 14.1 14.2} Carl Boyer, 3rd. Medieval English Ancestors of Certain Americans. By the author: Santa Clarita, California, 2001. Sir David de Malpas is #4 on page 71.
15. ↑ ^{15.0 15.1 15.2 15.3} Carl Boyer 3rd. Medieval English Ancestors of Certain Amerians. By the author: Santa Clarita, California, 2003. "De Malpas." Sir David de Malpas is #4 on page 144.
16. ↑ Cotgreave, 19, citing Barraclough, Charters, 264
17. ↑ Cotgreave, 19, citing Barraclough, Charters, pp 232, 256, 282, 283, 284.
18. ↑ The National Archives Website: Discovery: DCH/B/376: Norbury Section: Cholmondeley of Cholmondeley, 4 September, 2014.
19. ↑ Barraclough, Charters, 353.
20. ↑ Barraclough, Charters, 372.
21. ↑ Cotgreave, 20
22. ↑ Cotgreave, 21
23. ↑ The National Archives Website: Discovery: DBW/A/A/A/3: DBW/A/A/A, Packet "A" Wilbraham Collection, 4 September, 2014.
24. ↑ The National Archives Website: Discovery: DCH/D/31: Bickerton and Bulkeley Section, Cholmondeley of Cholmondeley, 4 September, 2014.
25. ↑ ^{25.0 25.1 25.2} The National Archives Website: Discovery: DCH/A/2: Schedule "A"; BOX "A": CHOLMONDELEY OF CHOLMONDELEY, http://discovery.nationalarchives.gov.uk/details/rd/20b1b3a7-8ec4-45a2-a4f9-65598ab0c783, 4 September, 2014.
26. ↑ ^{26.00 26.01 26.02 26.03 26.04 26.05 26.06 26.07 26.08 26.09 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19} Major-General The Hon G Wrottesley, comps. Pedigrees from the Plea Rolls collected from the Pleadings in the Various Courts of Law AD 1200 to 1500 from the Original Rolls. 1905. Chester Plea Roll No. 83 3-4 Ric 2 (1380-1381) m2 page 137. Accessed: 18 June 2019.
27. ↑ Burke, Bernard. A Genealogical History of the Dormant, Abeyant, Forfeited and Extinct, Peerages of the British Empire (Harrison, 59, Pall Mall, London, 1866) p. 86
28. ↑ ^{28.0 28.1 28.2 28.3} Chester Plea Role #83, 1380 (3-4 Ric 2) m. 2. Cited by Major General The Honorable George Wrottesley in Pedigrees from the Plea Rolls collected from the Pleadings in the Various Courts of Law AD 1200 to 1500 from the Original Rolls. London: Harrison, 1905. p. 137. Accessed July 11, 2018.
29. ↑ Visitation, page 95
30. ↑ Visitation, page 159
31. ↑ 'The Baronetage of England
32. ↑ Burke's A General and Heraldic Dictionary of the Peerage and Baronetage of the British Empire,
33. ↑ Miscellanea Genealogica Et Heraldical,
34. ↑ Carl Boyer 3rd. Medieval Welsh Ancestors of Certain Americans. Generally follows Bartrum. Section on Malpas. Ralph ab Einion ap Dafydd ap Miles is #6 on page 246.

• Barraclough, Geoffrey. The Charters of the Anglo-Norman Earls of Chester c. 1071-1237 Volume 126. Record Society of Lancashire and Cheshire, 1988.
• Burke, Bernard. A Genealogical History of the Dormant, Abeyant, Forfeited and Extinct, Peerages of the British Empire (Harrison, 59, Pall Mall, London, 1866)
• Cotgreave, Peter. The barony of Malpas in the twelfth century. Transactions, Historic Society of Lancashire and Cheshire, 2008, 157.2. pp. 1-32.
• Harleian Society. The Visitation of Cheshire in the Year 1580, The Publicatons of The Harleian Society (London: The Society, 1882) Vol. 18, Page 159: "Dauid le Clerk." Married "Margareta filia(daughter) et(and) haeres(heir)" of "Radulphus Baro' de Mallpas." and "Beatrix soror(sister) Hugonis Keveliock Co. Cestriae."
• Helsby, Thomas. 1882 Revision of George Ormerod's The History of the County Palatine and City of Chester compiled from Evidences in Public Offices, the Harleian and Cottonian Mss, Parochial Registers, private Muniments, Unpublished Ms. Collections of Successive Cheshire Antiquaries, and a personal survey of every township in the county...Second edition, revised and enlarged by Thomas Helsby, Esq. London: George Routledge and Sons, 1882. Volume II, Containing the Hundreds of Edisbury, Wirral, and Broxton; page 641
  • Malpas of Hampdon and Bickley Compiled from Evidences in the Exchequer of Chester. Accessed November 20, 2017 jhd
  • Malpas
  • Cholmondeley of Cholmondeley
  • Egerton of Egerton, page 628
• Tait, James. The Chartulary or Register of the Abbey of St. Werburgh, Chester, Printed for the Chester Society, 1926. page xviii, Digital Image Internet Archive (https://archive.org/stream/chartularyorregi791manc#page/n13 : accessed 17 August, 2018). Note for page 92 line 9.
• S3. Ormerod, The History of... "In the family of "William Belward, lord of a moiety [one of two parts] of Malpas" is listed "David de Malpas', showing two marriages (with at least one child from each marriage), but not the name of either wife." "David de Malpas, alias le Clerc, edest son and heir [of William Belward, lord of a moiety of Malpas] married "Catherine, daughter of Owain Vaghan, lord of Meilor." "
• Wolcott, Darrell. Ancient Wales Studies. The Malpas Family in Cheshire. Wolcott's special contribution is review of older genealogies from the perspective of chronological plausibility and to propose revisions when necessary. Regrettably, Wolcott sometimes creates persons who never existed in order to fill in the perceived gaps.