Bar MS – Archives of the Bar Convent, York. (By permission of the Rev. Mother)

C. R. S. – Catholic Record Society.Record Series.

Ev. MS – Constable of Everingham MSS, deposited at Ampleforth Abbey. (By permission of the Duke of Norfolk)

Gasc. MS – Gascoigne of Parlington MSS, at the Estate Office, Aberford. (By permission of Sir Alvary Gascoigne)

H.M.C. – Historical MSS Commission Reports.

L.MS – Langton MSS. (By permission of Lt·.Col. C.E. Howard-Vyse)

L.& P. – Letters & Papers of Henry VIII. Record Commission.

N.R.Q.S. – North Riding Record Society. Quarter Sessions Records. (3 vols.)

N.R.R.O. – MSS deposited in North Riding County Record Office.(By permission of the Archivist)

S.P.D. – Calendar of State Paper. Domestic.

Test.Ebor. – MS wills at York District Probate Registry.

T.N.MS –Ingram of Temple Newsam MSS, at Leeds Central Library. (By permission of the Archivist)

V.C.H.N.R. – Victoria County History. North Riding.

W.MS – Wombwell MSS, deposited in the library of the Yorkshire Arch. Society, Leeds. This large collection consists half of Bellasis of Newbrough MSS, half of Fairfax of Gilling MSS. The first number cited is the number of a box, the second of a bundle in that box. The MSS in each bundle are not yet numbered. (By permission of Capt. M. W ombwe 11)

Went. MS – Wentworth Woodhouse MSS, at Sheffield Central Library. (By permission of Earl Fitzwilliam and the Wentworth Woodhouse Settled Estates)

Y.A.J. – Journal of the Yorks. Archaeological Society.

Y.A.S.R.S. – Yorks. Arch. Soc. Record Series.

Y.C.A. – York City Archives, at the Guildhall, York. These include the York & Ainsty Quarter Sessions Books. (By permission of ibe Town Clerk)

Y.D.R. – York Diocesan MSS, at the Borthwick Institute of Historical Research~ York. (By permission of Rev. Dr. J.S. Purvis)

(1) Y.A.S.R.S. 91/9, 60. The best Fairfax printed pedigrees are in J. Foster. Pedigrees of Yorkshire Families., Herald & Genealogist. VII/pp. 145ff., and. J. W. Clay. Extinct & Dormant Peerages in the Northern Counties. In W.MS. extra bundle, there are seven 17th and 18th century MS pedigrees, which seem to be copies of the pedigree compiled c.1653 by the Denton Fairfaxes with Dodsworth's help, and of which there are other copies in the Library of Leeds Central Library, Library of Yorks. Arch. Soc., Bodleian Fairfax MSS. There is one MS pedigree in W.MS. 1/14 (10), dated 1657, which shows slight variations and additions.

(2) J.J. Cartwright. Chapters in Yorkshire History, pp. 64 ff.

(3) Y.D.R. RVI/A. 12. Y.A.S. 12/7 (Michael Wentworth of Woolley, recusant) H.M.C. Various Coll. 11/373.

(4) Y.D.R. High Commission Act Book. 1580-5.ff. 159v, 163. Gabriel's will is in Y.A.S.R.S. 50/129. Visits to Gilling in W.MS. Gilling Household Books. 1571-84. Ainsty Presentments in Y.C.A. Quarter Sessions, Bk.2, incidentally corroborate the details given in M. Beresford. Lost Villages of England, pp. 59'61. of the total enclosure and depopulation of Steton by the Fairfaxes – 14 Jan. 8 Eliz. ‘Gabriell Fayrfax of Steton Esq. owner and sole inhabitant of the Lordshipp or towne of Steton. .’ Gargarve's opinion of Gabriel is in Cartwright. pp.64ff.

(5) Y.A.J. 15/230 prints the Visitation. They were ‘contented to communicate at the next communyon.’ For the courting see Gilling Household Book, March 16th 1581 – ‘William Fairfax cam wowing Mrs Mabill Curwine.’ There is a copy of the marriage settlement in W.MS. 1/17/1. If this William Fairfax – always called a knight in modern pedigrees – was ever knighted, it was after 1600. Deeds and presentments to then consistently call him ‘armiger.’ C.R.S.22/352&n (recusancy of Sir William's daughters).

(6) This may be the Henry Fairfax of Lund, Kilburn, who married Clara Talbot of Thorntonle-Street in 1591. (Licence in Y.A.J. 7/293) Clara was buried at Kilburn April 28th and Henry on August 20th 1602. (Kilburn Registers) Henry's will, made Sept. 6th 1602 (sic) and proved the same day, leaves six small orphan children to the care of Thomas Talbot of North Otterington, Anthony Bierly of Pickall and John Talbot of Thorntonle-Street. For these guardians see Biographical Studies, ii/1. p.14. Clara was very possibly a niece of John Talbot the martyr.

This Henry of Lund was neither Henry, son of Sir Nicholas of Gilling (whose will we have) nor any son of his (for he died without issue). It was not Gabriel's brother Henry of Bilborough (whose will we have) nor is it likely to have been his son Henry. In favour of the identification with Henry, son of Gabriel is the fact that Gabriel's eldest son and a daughter held land at Coxwold and Byland adjoining Lund. (Y.A.S.R.S. Yorkshire Deeds, passim)

(7) Gabriel's will (above); Peacock. Catholics in Yorkshire in 1604. p.117. Pedigree in W.MS. 1/14/10.

(8) W.MS.1/14/10.

(9) Harleian Soc. Lines. Pedigrees A-F. p.556. One of Kelke's executors in 1608 was Francis Fairfax of Sheriff Hutton. (ibid)

(10) See Gabriel's will and Herald & Genealogist. VI/612. For Seth Holme of Huntington, co. York, see N.R.Q.S. passim; Peacock (op.cit.) p.118; Surtees. History & Antiquities of Durham. iii/190 for his manifold relationships to the Fairfaxes through the Sayers of Worsall. He was a visitor to Gilling (Household Books); L.MS. T. Norcliffe's Pedigree Book f.141. (Holme pedigree).

For presentments of Jane Robertes and her son, see N.R.Q.S.iii/99, 138, 181. The Sledmire connection is evident from fines in Y.A.S.R.S.53/74,58/172 and Surtees Soc. 36/229.

(11) Y.D.R. High Coram. Bk. 1580-5 f.4,36; will in Y.A.S.R.S.50/127-8n.

(12) W.MS. 1/14/10.

(13) J. Foster. Pedigrees recorded in Heralds’ Visitations of Cumberland & Westmoreland. pp.44,59.; Y.D.R. High Comm. Bk. 1576-80 f. 147v.

(14) W.MS 5/4 has a deed of 1546 mentioning a close in Grimston late of Miles Fairfax Esq. Y.D.R. Cause Papers. G/512,609, contains the evidence of Miles, of Gilling, for his presence at two Fairfax weddings in Gilling church in 1548. The absence of his name from the Gilling Household Books implies he was dead or removed far away by 1571. Was he one of the ‘;three of the Fairfaxes’ in Paris? (S.P. Foreign. Eliz. 1579-80.279. p.250)

(15) Clay. Extinct & Dormant Peerages, p.65; Surtees Soc. 106/229 – will of William Thornton in 1545, daughter Anne, her husband Guy Fairfax, Margaret Fairfax. Harleian Soc. 87. Northants. Visitations, pp.215-6. Thornton of Peterborough. Guy Fairfax appears in the will of a chapman of Knaresborough in 1558, who frequented Gilling. (Surtees Soc. 26/127)

(16) Y.C.A. Sessions Bk. iii. 1571-83. Jan. 11th 22 Eliz. Guy Fairfax of Walton a surety. March 23rd 24 Eliz. Guy and his wife Sisile presented for 3 months non-attendance at church. Guy appears in court and says he is willing to go to church. Y.D.R. High comm.Book. 1580-5. f.3v. 1580, a recognisance imposed on Guy Fairfax of Walton that his wife Sisily shall communicate is forfeit for non-fulfillment. Later, Y.D.R. High coram. Bk. 1585-91. f.73v. 1589? – Cecilia, wife of Guy Fairfax of Walton is still cited for not communicating. See also Y.C.A. Sessions Bk. iiii 1583-6. Oct. 4th 25 Eliz. Guy Fairfax of Walton Lodge presented for not maintaining a road. Gilling Household Books – visitors, Mr Guy Fairfax and his wife at Gilling Oct. 17th 1571; Nov. 30th 1574, Mr Guy dined with my master and mistress; Aug. 31st 1579, Guy and his wife dined at Walton manor; Oct. 17th 1580, Guy at Gilling.

(17) Surtees Soc.62/326-7 (Wills of William and Robert Thornton of East Newton) On William Fairfax of East Newton – Harleian Soc. Familiae Minorum Gentium. i./45 and A. Gibbons. Notes on the Lines. Visitation of 1634. p.139 (Sandwith pedigrees – cp. Oswaldkirk Register. 1541. John Blanchard and Andelyn Sandwith married the 11th July.); Glover's Visit, of Yorks. ed. J. Foster, p.182 (Barton pedigree); V.C.H.N.R. ii, 519 (East Newton Fairfaxes’ share in Dunsley); Oswaldkirk and Helmsley Registers; Y.D.R. RV1/B. 2.f.225. (William Fairfax's possible nonconformity); Gilling Register (Ive marriage); Test.Ebor.admin, of William Fairfax of Newton and his Inquisition Post Mortem Oct. 21st 1622, seised of a sixth of the manor of Dunsley and by his deed of Aug. 3lst 1606 he granted it to Thomas Barton and Christopher Hebden of Stearsby to the use of himself and wife for life and then to Thomas Fairfax, their son. William died Sept. 10th 1620, leaving his son aged 22. (P.R.O. Wards 7/100/69).

Two MS surveys of Helmsley lordship, of 1637 and 1642-7 give the Newton Grange, Helmsley and Beadlom lands of Thomas Fairfax gent. (Feversham MSS. Duncombe Park Estate Office; N.R.R.O.ZBG) See also Y.A.S.R.S.41/100 – composition for refusing knighthood, 1632, by Thomas Fairfax of Sandwith Grange, Ryedale.

(18) Harleian Soc. Lines. Pedigrees. A-F. p.228, Calverley of Gosbton. Y.G.A. E/41A. Soldiers’ Muster Rolls for the Ainsty. 1584.f.41v.ff. Walton – Nicholas Calverley, servant to Sir William Fairfax. See Y.A.S.R.S. 5/172, Calverley doing business for Fairfaxes, 1581. ‘Mr Calverley and his wife’ were visitors to Gilling – Household Books, passim. Test.Ebor.Admin. of goods of Nicholas Calverley at York Castle Feb. 8th 1597. Unfortunately the printed Calverley pedigrees contain no Nicholas at this period.

(19) Went. MSS. MS Treatises. 44. Hopkinson's MS Yorkshire pedigrees f.235ff; Gillow iii/137. The Gilling Household Books contain several references to visits by Harringtons. Some of these may well be relatives of Sir Nicholas’ second wife – Harringtons of Rutland. But one entry is clear – Thurs. Aug. 4th (1580) ‘dinner, Mr Rowebotome, Mr Harrington of ye mownt.’ There is no printed pedigree of these Harringtons of Mount St John. We have not yet searched the York High Commission books for them. The North Riding Quarter Sessions Rolls do not survive before 1603, but N.R.Q.S.i/62 has, amongst recusancy presentments for 1606-7, ‘Feliskirk’…… Harrington gent and Petronell his wife (they and their family are removed out of this parish.)’ Test. Ebor.19/469, the will of Sir Nicholas of Gilling, 1570, has ‘to the four daughters of my sister Anne xl li. accordinge to and in performance of an awarde made betwixt me and the said Anne by the ryghte honorable the erle of Sussex, Lord President of the Quenes Maiesties Counsell in the North Partes.’

(20) She married Maunsell in 1534/5. (Notes & Queries, ii/3.88, 176.

(21) W.MS. 1/14/10.

(22) Y.A.S.R.S.96/5

(23) Camden Miscellany. 9/70ff. (York's judgment); T. Wright. Queen Elizabeth & her times, i/279. (Knollys’ letter)

(24) Harleian Soc. iiii/143.

(25) Sir Nicholas had a small pension from Byland Abbey (P.R.O.E/101/76/24) and the last abbot was godfather of an unidentified John Fairfax (Test. Ebor. 17/310). Sir Nicholas leased a small close of land from Rievaulx Abbey before the dissolution (Surtees Soc.83/319) and provided William Wetherall, a native of Gilling and monk of Rievaulx, with a dtle of £5 in Gilling in 1539 (Y.D.R.Reg.Lee.Ordination April 5th 1539). The begging letter to Cromwell is L. & P.xiv(i) 47. Sir Nicholas acquired the following monastic lands –

1. of Byland – lands at Bentley and Bretton, probably only leased from the grantee and soon relinquished. (Cal.Pat.Rolls 1557-8 441); lands in Fawdington – later sold. (L. & P. 1545. i /1081g. 58)

2. of Whitby – manor of Dunsley, bought of a Halifax clothier who was not the original grantee. (V.C.H.N.R. i/366)

3. of St. Mary's, York – the grant of the receivership (Cal.Pat.Rolls 1555-7.387) Acquisitions of advowsons, tithes – 1. farm of the rectory and tithes of Sheriff Hutton – apparently from Sir Henry Gurwen – from at least 1554 (Y.D.R. Cause Papers. G/1824; 3118; 3148) This was in the family until at least 1650 (Y.A.J.31/276) and worth £200 a year in 1624 (Sheriff Hutton Survey. T.N.MS B.4/1). There is occasional mention in Gilling Household Books 1571-84 of ‘draughtes’ bringing tithe corn from Sheriff Hutton.

2. farm of the tithes of Ampleforth. (Known incidentally from Y.D.R. Cause Papers. G/2177; Test.Ebor.33/575 – farmers 1584, John Fairfax; 1615, William Fairfax; 1615-1630s his son Evers Fairfax, then Evers’ widow, Barbara Fairfax).

3. Farm of tithe of Appleton in Ryedale. (Y.D.R. Cause Papers. G/1812)

4. advowson of Sockburn, bought 1540, sold 1568. (V.CH.N.R. i/449) Acquisitions or sales of other lands –

1. a manor in Ampleforth, 1565, bought from the Crown. (V.C.H.N.R. i/462)

2. manor of Coulton, 1564, bought from the Worsleys of Hovingham: (V.CH.N.R. i/507)

3. manor of Copmanthorpe, sold to Thomas Vavasour by 1543-4 (Trans. East Riding Antiq. Soc. xviii/73-4)

4. Sir Nicholas, over a long period, began a policy of buying up and enclosing lands adjoining Gilling, in Grimston and Yearsley, See W.MS 5/4,a 17th century summary catalogue of (now lost) Gilling deeds for Grimston –

… 1527 – release of common rights to prepare for enclosure.

… 1546 Sir Nicholas buys 200 acres and 2 closes.

… 1553 buys one close.

… 1554 buys another close with right to enclose Low Moor.

… 1567 buys 2 more closes and 1568 more land.

The MS ‘Fauconberg Book’ (in the Members’ Library, County Hall, Northallerton) contains 17th century transcripts of Bellasis deeds including an indenture of May 12th 32 Eliz. which says that ‘Sr Nicholas Fairfax knt did purchase of Wm Willdon [actually in 1559 – Y.A.S.R.S. ii/227] a pte of Yearsley common next adioininge Gilling park’. Sir Nicholas held one messuage in Yearsley and therefore, as a free holder, bought 1000 acres of the moors and wastes of Yearsley, but was balked from ‘improving’ it because Sir William Bellasis then bought Yearsley manor and now both owned the original messuage and, as successor to the rights of Newborough Priory, had‘beast gaits’on die commons. There was no settlement of this conflict between enclosers who were neighbours and relations, until an agreement of 22 James I (out of the ‘love’ that the Bellasises owed the ‘house of Gilling’) which reveals that the successors of Sir Nicholas at Gilling had nevertheless pushed on with enclosure of Yearsley moor.

(26) Y.D.R. Cause Papers. G/2038. 1554. Defamation suit. Anne Robinson accuses Thomas Browne, a servant of Sir Nicholas Fairfax of Gilling – who is a justice and keeps 30 to 40 servants at Gilling Castle – of calling her ‘hoore, noughtye hoore, noughty drabble queane’ when she was found in Sir Nicholas’ hop garth at Gilling. Since a Gilling jury had found her to be a light woman and hanging round the Gilling servants, Sir Nicholas told Browne to drive her away or put her in the stocks.

(27) Remington marriage in Saxton Register; marriage deed quoted in Bodleian Fairfax MS 30.f.l9. Cal. Patent Rolls 1560-3. p.95. (1561 Geo. Remington deceased, forester). Sharpe. Memorials of the Rebellion of 1569. pp.44; 173n.; Wright, (op.cit) i/335 for the part of a Nicholas Fairfax in the rising. S.P.D. Eliz. Add. xxvii/11 (printed in Downside Review. 1916. p.71) and S.P. Foreign. Eliz. 1579-80. 279. p.250 for the presence of Catholic Fairfaxes in Paris in 1580. The former gives, April 1580?, ‘Mr Fairfax’, the latter, April 27th 1580/three of the Fairfaxes.’ It is next to impossible to identify these men. Of Sir Nicholas’ sons, six (Sir William, Nicholas, George, Thomas, Robert and Henry) were staying at Gilling in April 1580 (Gilling Household Books), Of the remaining two sons, Cuthbert was at Gilling in late August 1579 and then not before late July 1580, each time accompanied by Edward. Of others, ‘my yonge master’, Thomas, son of Sir William, was a small child, Guy Fairfax did not appear at Gilling between August 1579 and November 1580, and we have little check in the Household books on the remaining cadets of the family, who rarely appeared there anyway.

The will of Nicholas Fairfax is Test. Ebor. 22/99 and has as witness John Atherton, parson of Fryton, a regular visitor to Gilling.

(28) For his marriage, Surtees Soc. 133/136 and Y. A.S.R.S.2/238 – a fine of 1560 apparently fixing the marriage settlement by giving Frances land in Acaster Malbis. The administration of his goods is in Test.Ebor. Oct.4th 1598, the heir his son Henry, who inherited his father's sixth of Dunsley (V.C.H.N.R. ii/519). Sir William's ‘Book of Arms’ (Bodleian MS Top.Yorks c.11 f.wuff) describes George as of Dunsley with the arms differenced as for a third son. Frances was presented for not going to church in 1590, 1595, 1596 (Y.D.R.RVI/A. 12 f. 191v RVI/A. 15 f. 148v. RVI/A. 16. f. 165) She occurs in Recusant Rolls-5,13 and 14 (P.R.O.E/377/5 etc) and her fine rose from £140 in 1598 to £300 in 1605.

(29) Henry appears in the wills of his grandfather, Sir Nicholas (Test.Ebor. 19/469) and his uncle Edward Fairfax (ibid. 24/93). He and his wife Ursula were presented as ‘obstinate recusants’ at archbishop's Visitations in 1590 and 1594 (Y.D.R. RVI/A. 12 f. 191 v. and RVI/A. 13). He comes in the Recusant Roll of 1592, though the entry about his wife is not clear (C.R.S. 18/88) In the archbishop's Visitations of 1595 and 1596, and in the High Commission case against him of 1597, his name occurs alone without his wife's (RVI/A. 15 f. 148; A. 16 f.165; High Comm. Act Book 1596-9 f.54).

The S.P.D. account of his violence against distrainers is given in full in Cart-wright. Chapters in Yorks. History, p. 170. He was charged by the High Commission on Nov. 15th 1602 as ‘married lately not known by whom’ (High Comm. Bk. 1599-1603 f.264). After this ‘Henry Fairfax of Dunsley, gent, and his wife Edith’ appear regularly in archbishop's Visitation comperta (RVI/B.3 f.227v. 1607; A.18 f.344 1615; A.19 f.305 1619; A.20 f.258v. 1623; A.22 f.l70v. 1630), in Quarter Sessions convictions for recusancy from 1614 to 1626, with a variety of Catholic servants and children (N.R.Q. S. ii70, 140, 162, iii/66, 81, 103, 149, 176, 212, 225, 283 and probably 300). He was only twice cited to the York High Commission, in 1597 (reference above) and 1607-8 (H. Comm. Bk. 1607-12 f.50) and in neither case do the records say anything of action taken against him. By 1604-5 he and his wife were being fined at the rate of £300 a year each – a figure which they can hardly have paid. Contrast with this the more modest and effective recusancy compositions charged against the 2nd Lord Fairfax and Lord Dunbar – immensely wealthier persons – in the 1630s-about £300 a year.

(30) Edward Fairfax gent, son of Henry of Dunsley was convicted as a recusant at Quarter Sessions from 1626 to 1634 (N.R.Q.S.iii/300,339,364, iv/25). His wife Anne was convicted with him in 1632, but, presumably, dead in 1633, when his secret marriage with Barbara Shinning was presented (Y.D.R.RVI/B.4 ff.396v., 397v.) Barbara was henceforward presented with him as his wife. The 1632 composition is in the MS ‘Abstract of the Book of Compositions, … of Recusants Convicted’ made by Ralph Thoresby and now in Ushaw College Library.

(31) N.R.Q.S.iii/176, 305.

(32) ibid.103,176. There are other Fairfaxes in the Whitby parish registers of this period, whom we cannot yet connect with the families of either George or Cuthbert Fairfax in Dunsley.

(33) N.R.Q.S.iii/66,8l; Test.Ebor.admin. July 20th 1612; Y.D.R. High Coram, bk. 1607-12 f.50; Peacock. Roman Catholics in Yorkshire in 1604. p.62, 110.

(34) Test.Ebor.admin. of the goods of Roger, son of George Fairfax of Dunsley, to Edward Goodyear for his wife Mary Goodyear. Aug. 2nd 1611. Edward Goodyear and Mary Fairfax of Sheriff Hutton were married in 1600 (Y.A.J. 10/18). Mary, wife of Edward Goodyear was presented as a recusant of almost 2 years standing, in 1604 at Westerdale (Peacock.op.cit. p.106) and with her husband at Eskdaleside in 1614 (N.R.Q.S. ii/70).

(35) The will of Christopher Stonehouse of Dunsley April 20th 1631 mentions his wife Ursula and has Henry Fairfax as witness. Notes in C.R.S.4/378 and 6/73-4 make this the basis of a theory that Ursula was a Fairfax and Fr Andrew Stonehouse alias Fairfax her son. (Compare Whitby Register – 1613 William Stonehouse married Margery Fairfax.) We can produce no new evidence for or against this theory.

(36) Thomas Fairfax, 4th son of Sir Nicholas, owned a share in Dunsley (Sir William's Book of Arms. Bodleian MS Top. Yorks. c.11 f.27ff.), married a Vaux (Hopkinson MS pedigree – see NOTE 18) and had two sons in May 1580 (Gilling Household Books) one of whom was a Nicholas (will of Edward Fairfax 1589. Test.Ebor.24/93).He was a fairly frequent visitor to Gilling, for weekends with his brothers and even odd nights and single meals, 1571-84. W.MS 1/14 (10) identifies him outright with ‘Thomas Fairfax of Sheriff Hutton’, father of the Anne (a Catholic) who married Francis, son of Gabriel Fairfax of Steton. This Thomas of Sheriff Hutton (presumably managing his father's farm of the tithes there) is mentioned once in the Household Books, and occurs in Y.D.R. Cause Papers.R/As. 15B/93 – a mere mention, while Mary Fairfax of Sheriff Hutton occurs in 1600 (ref. in NOTE (33)). There are no Fairfax references in Sheriff Hutton Registers.

The Cumberland Fairfax pedigree (see NOTE (13)) seems to omit a generation because its ancestor, Sir Thomas Fairfax died in 1520, whose son, Thomas, rector of Caldbeck was, according to all the MS pedigrees a Catholic priest. Yet his son Thomas is said to have died in 1640. This is by no means the only reason why we hope to attempt to work out the Cumberland pedigree in detail. Miscellanea Genealogicaet Heraldica. 2nd s. 4/i. p.22f – will of William Fayrefax, goldsmith.

(37) Y.A.J.7/300 (marriage licence of Nicholas Fairfax of Scawton and Dorothy Fairfax); Y.A.S.R.S.8/81 (they buy land in Wombleton) and 8/125 (they sell a sixth of Dunsley). See Test.Ebor.admin. of Nicholas of Welburne to Dorothy his widow Oct, 16th 1611 and his Inquisition Post Mortem (P.R,O. Wards 7/35/47) – seised of a messuage in Welborne and 7 closes held of the King, died on 5 Sept. last past (1611), leaves Thomas Fairfax his son and heir aged 14 years 9 months and Dorothy his widow. Y.D.R.RVI/B.3. 1607. Kirkdale. Nicholas Fairfax gent refuses to pay cessments because the lands he owns are in other men's hands.

Our tentative identification of this Nicholas with the son of Thomas rests on the facts that he inherited Dunsley land and was therefore a grandson of Sir Nicholas. He was of Scawton, a Gilling manor. We can account for others of the family named Nicholas.

Dorothy Fairfax of Wombleton, widow, was presented as a recusant in Oct. 1637 (N.R.Q.S.iv/81). Their children, not recusants, seem to be Thomas Fairfax of Bulmer (will, Test.Ebor.55/266) and Frances Fairfax (ibid.58/459).

(38) Y.A.J. 13/385.

(39) ibid. 14/464.

(40) Y.C.A. Ainsty Subsidy Book.E/51 ff. 133ff, 162ff, 2l4ff, 239ff, 267ff. and the list of the armour of Robert Fairfax at Acaster 1573 in ibid. E/47 f.30ff. and Y.A.S.R.112/162. The Spencer marriage is in Hopkinson MS pedigree (see NOTE (18)) Surtees Soc. 138/9 (pedigree of the Spencers of Yedingham) The Lamplugh connection seems to derive from the Lamplugh pedigree (Glover's Visitation.ed. Foster, p.155) whence also comes the description of Robert as of ‘Pockthorpe near Little Ruston’ (East Riding).

The Book of Arms places him at Dunsley. He left no will. The Gilling Household books speak of ‘all Mr Robert's children’ in 1580 and record his frequent visits, and the marriage of ‘Mr Robert and Mrs Ursely’ (compare Glover's Visit, p.200.William Crathorne of Ness married Ursula, widow of … . Fairfax.)

(41) Test.Ebor. 24/93; Y.A.S.R.S. 8/146.

(42) Y.A.J.9/376 (Wycliffe Marriage); Test.Ebor.33/575 (William Fairfax of Lodgefield's will); it is possible that Evers’ name is due to the fact that his mother was a child of William Wycliffe of Wycliffe and his second wife, Muriel, daughter of Lord Evers (Eure) – a recusant. (Surtees Soc. 146/14-15; Peacock, p.80). Y.A.J.21/31 (Evers’ marriage licence); Y.D.R.RVI/A.20 (his presentment for fornication at Coxwold in 1624); Y.D.R.RVI/B.4 f.364v. (his widow's house at Easingwold, 1633 and farmership of the rectory of Ampleforth); Y.A.S.R.S.9/133 (Ralph Lutton's will, for the remarriage). The details there given make it likely that this Barbara Rose was a relation of the (Catholic) Rose family of Cawton and Gilling.

(43) Hopkinson MS (NOTE (18)) and Surtees Soc. 133/159 and L.MS. T.Norcliffe's Pedigree Book ff3-4. (Acclam of Moreby – gives Margaret as daughter of Mordaunt by his first wife, Elizabeth; William Acclam as dying in 9 Eliz; leaving 5 children by Margaret.

It is likely that one of these children, Henry Acclam, was a recusant. – Peacock, p.27). (Edward's first marriage); Gilling Register July 20th 1572 – Edward Fairfax and Margaret Acclam were married. Y.D.R. HighComm. Books give the story of the Acclam recusancy – Aug. 6th 1565. William Acclam and Margaret his wife of Moreby – separately summoned to appear this day to answer articles about their non-conformity in religion. Margaret appeared, swore to answer articles in writing, and, after a later hearing, the same afternoon, was told to produce her answer on Sept. 3rd. William did not appear, and the apparitor said he was not to be found, (Bk. 1564-6 ff.34,37v,31,41)

Sept. 3rd. Margaret sent a proxy and still was not there on the 4th. The vicar of Stillingfleet came to say William would not come to court. He was declared contumacious. (ibid. ff. 46v,47,48)

Sept. 24th. Both declared contumacious and William denounced in Stillingfleet church and excommunicated, (f. 60)

Dec. 13th. Their arrest ordered, (f.69) There is no further reference to the case until –

Oct. 2nd 1570. Margaret appears and is absolved ad cautelam from excommunication. (Bk. 1569-70. f. 125v)

Oct. 4th. Margaret Acclam, widow, of Moreby Hall, is bound by a bond of £40 and a pledge of £20 ‘that she shall usuallie frequent and resort to her parish church’ and produce a certificate that she has received the Anglican sacrament before the Monday after St. Andrew's day. (ibid.f. 144v)

Dec. 4th. The requisite certificate produced in court. Edward's second marriage is in Glover's Visit, p.214. Test.Ebor. 24/93 – his will, made Aug. 21st 1589 in the Westropp house, Cornbrough, Sheriff Hutton. Hopkinson says he married ‘Mordant, after the daughter of Lepton’ – see Glover on Lepton of Kepwick. p.214.

(44) Y.C.A. Subsidy Bk.E/51 f.2l4ff (Cuthbert's residence at Acaster from 18 Eliz.); Clay.Extinct & Dormant Peerages.. p.65 (grant to him of the rectory); Y.C.A. Sessions Bk. 3. (residence at Acaster from 17 Eliz.) Herald & Genealogist. VII p, 161ff. (efforts to identify the Whitmores) and Gilling Household Books and parish register (his marriage). Mary was presented for not communicating at Acaster in 1586 (Y.D.R.RVI/A. 9. f. 38v). As a result she had to appear on ‘14 Aug. 1587 in parlura infra dom.preb. de Wystowe coram . . Mr. Ric. Percie legum doctore’ by whom she was absolved ad cautelam from excommunication and ordered, by next Michaelmas, to produce a certificate that she had communicated in Acaster church. She was presented again in 1596 (ibid RVI/A. 16) and at an archdeacon's Visitation in 1598, when she was still excommunicate and ‘seekes not to be absolved! (ibid RVI/E. I. f. 5. May 4th 1598). She was still a recusant in 1603 (Peacock, op. cit. p.62) It is odd (but not surprising) that the Ainsty Quarter Sessions show no record that she was convicted as a recusant (they rarely bothered with recusants outside the city of York) nor does she seem to have been noticed by the High Commission.

(45) Test.Ebor. 22/99; 24/93 (Nicholas in his uncles’ wills) Herald & Genealogist. VIII/24-5, Dugdale's Visit, of Yorks. Surtees Soc. 36/230 (Hungate pedigree); V.C.H.N.R. ii/94 (Sandhutton); Peacock.op. cit. p.122(presentments of Nicholas and his wife, 1603); Y.D.R.RVI/B.2 f.66 (presentment of his wife alone, 1600); Test.Ebor. 31/25 (his will, made Nov. 4th 1609, proved March 10th 1609/10); P.R.O. Wards 7/34/222 (his Inquisition Post Mortem = seised of 2/6 parts of the manor of Dunsley, 4 messuages, 10 oxgangs and a water mill there, 7 cottages in Eastbank, Dunsley, and of another sixth of Dunsley with 2 messuages and 5 oxgangs, and the reversiion of another sixth on the death of Henry, son of George Fairfax without heirs male. He left 2 of the three sixths to his wife until his youngest child was 21. He also had a share of £500 left out of Acaster by his father.

The recusancy of his widow – Recusant Rolls 12 (July 3lst. 1604, fine £160), 14 (Oct. 8th 1605 – her lands siezed), 17 (her debt £66), 18 (1610-12 – payment of £17). N.R.R.O. ZAZ. Shrievalty Papers of Sir Timothy Hutton, Sheriff of Yorks. 1606 (Jane Fairfax of Sandhutton fined on lands in Garrowby and Bubthorpe, E. Riding worth £26. 13. 4 a year). N.R.Q.S. ii/246 (Oct. 13th 1611. Oath taken). Y.D.R. Cause Papers H/730 (March 5th 1612/3. The AIIanson-Fairfax marriage case. This may be either a genuine answer to a prosecution for an irregular marriage or a deliberate effort to establish the legality of the marriage by Allanson, perhaps to protect Sandhutton from fines). Gregson's suspension is in Y.D.R. H.C.A.B.12,20. N.R.Q.S.iii/99,174,298 (presentments of Thomas Allanson of Sandhutton as a non-communicant in Oct. 1612, 1624 and 1628 for harbouring Catholics – including ELIZABETH GOODYEAR (born Fairfax – see note (34)).Y.D.R. High Comm.Bk. 1612-16 f.380v. (Feb. 1625 Jane Allanson, wife of Thomas Allanson of Sandhutton – ‘A Recusant attached and bonde entred for her appearance this day (7th) – she appered and desired conference – was enioyned to conferr with Mr Brodbank once a week and with Mr Tonge once a monethe. in matters of Religion and to appere and certifie hereof. .’ Yet she was convicted again in 1626 (N.R.Q.S.iii/272) and compounded for her fines at £10a year on Aug. 29th 1632 (Thoresby's Book of Compositions. See Note (30)) and was convicted on May 4th 1641, now again a widow (N.R.Q.S.iv/188)

(46) Hungate was 5 years and 9 months old when his father died on Nov.29th 1609 (His father's Inquis. Post Mortem above). Peacock op.cit. p.122 (Anne Thweng a recusant at Sandhutton Grange 1603) Surtees Soc. 36/230 (‘Hungate Fairfax married … daughter of …. Thwenge of Heworth.. o.s.p.’), Glover's Visit, of Yorks, ed. J. Foster, p.230 and Pedigrees of Yorks. Families, ed. Foster. iii/380 (Thweng of Heworth). Anne was possibly a daughter of Thomas Thweng of Heworth and Jane (Kellet), in which case her father would be a recusant (N.R.Q.S.ii/60). She was presented as wife of Hungate at Eskdaleside Chapel, 1627, and Dunsley, 1636/7 (ibid. iii/295,iv/47). He was presented in 1629 (iii/395) and died in 1638 (Test.Ebor.admin. May 12th). Y.A. J. 15/326-7n (his widow's marriage to Matthew Gale); N.R.Q.S.iv/188 (she and her second husband presented as recusants at HEWORTH, 1641). Note that the appearance of Anne at Eskdaleside in 1627 suggests that the recusant family of Thwing of Eskdaleside was an offshoot of the Thwings of Heworth. N.R.Q.S. ii/64,240 and Y.D.R.RVI/ C.27 f. 149 give the Eskdaleside family as Robert Thwing (? a brother of Anne) and Bridget his wife, their children Margery (?), Thomas, John and Bridget.

(47) The Genealogist. N.S.26/173-5, Jeffery. Thornton-le-Dale. p,102ff.V.C.H.N.R.ii/94 (detailed pedigree of Fairfax of Dunsley). The descent of the six portions of Dunsley is obscure, but the descendants of this Thomas seem to have acquired all six by the Restoration. Thomas and his son Isaac opened an alum mine at Dunsley, and sought to reopen it after the Civil War (V.C.H. Yorks. ii. Industrial History. Alum Mines.; H.M.C. 7th Report. App. p.l72a – their complaint in 1663 that they had spent £6-7,000 on plant).

(48) It would be tempting to identify him with the Nicholas Fairfax who died at sea on the voyage of Calvert and some Jesuits to Maryland in 1634. (Foley iii/345).

(49) N.R.Q.S.iii/174; V.C.H.N.R.i/153 and The Genealogist. N.S.26/173-5 (Clement was of Newton Morrell, Barton, Richmondshire and appears in no recusancy presentments.)

(50) Test.Ebor.31/25; The Genealogist, ref.cit.; the latter says that this Thomas died unmarried, but – Y.A.J.10/58. Licence of marriage for Thomas Fairfax of Acaster and Elizabeth Terry of Acomb.1604. His sister MARGARET speaks of her ‘brother’ Anthony Tirry in her will. Anthony Tiny was farmer of Acaster rectory in 1617 (Y.D.R.RVH/H. 1266). Thomas was farmer of this rectory in 1613 (ibid. RVI/E.65) and in 1619. Y.A.J.15/224-5 (Thomas Fairfax of Beverly, 1627). Y.C.A.E/70 (1632-4, poor rate assessments. Thomas and Francis Fairfax at Acaster.) Thomas never appears in recusancy presentments.

(51) P.R.O.C. Jas.I.F.4/59 (Francis’ version of his career in his English Bill in Chancery – Venn.Alumni Cantab, has no reference to him); S.P.D.Jas.I.vol.cxxix no. 16 (Council endorses the Council of the North's grant of Acaster rectory to Jane Fairfax widow.) H.M.C. Cowper MSS.H p.68 (The case causes a stir – Justices and House of Lords involved),

Francis married Elizabeth Wilkinson widow at All Saints, North Street, York, Feb. 1615 (Y.A.J. 13/379 and 14/483 – a widow with a child of her own. The licence says Francis of Acaster), P.R.O. E.377/49 (pensions of £5 each to Thomas and Francis Fairfax, gents, of York. 1639 allowed for in the recusancy accounts of Thomas, 2nd Viscount Fairfax.)

(52) Test.Ebor.admin. Dec. 6th 1610 to his brother Francis, with his other brothers, Thomas and Cuthbert, and his sisters, Jane, Mary, Elizabeth, Mabel, Hellen, Margaret. Goods £66. 0. 4. There is no sign that he was ever presented as a recusant.

(53) Test.Ebor.admin. as of Acaster, March 1613/4. There is another administration of a Cuthbert Fairfax of Acaster in 1629 – possibly his son. Cuthbert was never presented as a recusant.

(54) The Genealogist, ref.cit.

(55) W.MS 1/14 (10) – Henry's marriage; xsThe Genealogist. N.S.17/217ff. and V.C.H.N.R. ii/519 (his Inquisition Post Mortem); He died sine prole, Sir William Fairfax his heir. He had received a sixth of Dunsley (Book of Arms. Bodleian MS Top. Yorks c.11 f.27ff). He was a frequent visitor to Gilling with his (unnamed) wife, 1579-80 (Household Books) possibly because he was living nearby (Y.D.R. RVII/G.2177 – 1584. Tithe case. John Fairfax (unidentified), farmer of Ampleforth tithes V. Henry Fairfax of Ampleforth, who refuses to pay him.) Also W.MS.5/4. North Riding Musters lists. 1581. Captains… Henrie Fairfax. The only clue to the identity of his wife's family is the visit of a Brian Lucas to Gilling on Nov.29th 1578 (Household Books).

(56) Modern pedigrees tend to follow Herald & Genealogist VII/145ff. in giving Sir Nicholas a fifth daughter, Anne, married to Christopher Anne. The Visitations know of no such child. W.MS 1/14 (10) says Margaret was first betrothed to ‘Mr Anne of Frickey’ and has no Anne. A MS pedigree book compiled by Robert Parker of Morley in 1681 (penes Col. R. Parker of Browsholme Hall, Clitheroe) says that MARY was married to ‘Sir Henry Curwen… and to Christopher Anne Esq.’

Sir William Bellasis was accounted Protestant by the arch-bishop of York in 1564 and Knollys in 1568 (references in Note (23)) and, by Catholics, a Catholic in 1574 (C.R.S. 13/93). He and his wife and family were very frequent visitors to Gilling, often staying for a fortnight over Christmas. Neither was ever presented for recusancy, but there was a good deal amongst their children. (Their son, Brian Bellasis, had a recusant wife, Margaret, daughter of William Lee of Brandon -P.R.O.E/377/16; another son, James, had a recusant wife, Isabel, daughter of Thomas Chaytor, whom he married with Catholic rites – Surtees Soc.34/48; Robert Bellasis, a determined recusant in York Castle on July 18th, 1580, must have been a relative. – Hughes, Reformation in England, iii/429; a daughter, Catherine, married Thomas Metham, of a family early Catholic.

(57) Y.D.R. Cause Papers G/512,528,609.

(58) Glover's Visit, of Yorks. ed.Foster, p.569 (a very slight Roos of Ingmanthorpe pedigree) – according to this, Elizabeth Fairfax was perhaps the second wife of Robert Roos (the first, Mary, daughter of Sir James Strangeways) and James Roos (reference to his recusancy in Ev.MS. Knaresborough. Sufferings of Catholics) a child of Robert's first marriage.

(59) Y.D.R. Cause Papers G/609, Gilling Household Books (the marriage with Curwen – present ‘Sir William Babthorpe, Mr Phillipe Lovell and William Strickland of Boynton'). If the Parker pedigree were right (see Note (56)), Mary must already have been married to Christopher Anne. This is possible because Anne died on May 1st 1546 (Surtees Soc. 122/89 – Gilling marriage to Curwen, 1548) and the rector of Gilling who married Mary to Curwen estimated, in his evidence at the nullity suit, that she was eighteen years old in 1548.

(60) S.P.D.Addenda 1566-79. 515-6.

(61) Y.D.R. High Comm. Act Bk. 1576-80 f.l21v.-122; Recusant Roll 3 (three Commissioners, Sir William Fairfax, Sir Christopher Wandesford and Henry Bellasis sieze the goods of a recusant, George Catterick, in 1588); Gilling Household Bks. (Sunday, June 21st 1579, a large dinner at Walton to ‘my lord Archbishoppe, Lord Tawbutt Vavasour and his wife and many other’. Friday, July 24th, a supper at Walton to ‘my Lord archbishoppe Sr William Bellases Mr Vavasour and his wife’ In the 1594 inventory of Gilling (Archaeologia. xlviii/121ff.) one room is called ‘the bishops chamber’.

(62) W.MS.5/5 (copy of a letter from Sir William to the Lord Treasurer'from my poore house at Gyllinge this firste of June 1575’ asking for a commission to divide the commons of Cawton, Hovingham and Stonegrave because of troubles and murthers about them; Fauconberg Book (see Note (25)); Y.C.A. E/47 f.30 (Walton Park); Bodleian MS Rawlinson B/450. f.390 (undated letter: Sir Wm. Fairfax to Mr. Lawe).

(63) Archaeologia xlviii/121ff.

(64) Y.A.S.R. 3/16ff. (case between the Council and the North Riding Justices); ibid.96/38; S.P.D. Eliz. 1598-1601 p.117 (Sir William punished); Y.A.S.R.S. 96/122ff. (the 1597 York election – see also H.M.C. Salisbury MSS 7/411ff. and Neale. The Elizabethan House of Commons, pp.87-92); H.M.C. Salisbury 11/518-2 (Tresham).

(65) Gilling Register and Household Books (‘my young master’, passim); Venn.Alumni Cantabrigienses. (He matriculated in 1591.) Leeds Reference Library MS Q/929/24274/ F164 is a copy of the standard Denton Fairfax MS pedigree in the hand of Richard Parker, Rector of Littlebury, Suffolk and once fellow of Caius. He adds a note that our Sir Thomas was of his college; Y.AJ.9/64 (Sir Thomas’ marriage licence). The Constable of Burton Constable MSS are at present (May, 1955) being catalogued and thus we have been unable to consult them.

(66) S.P.D. Eliz. 1593 ccxlv/28 and H.M.C. Salisbury 7/105-6 and Y.A.S.R.S. 96 (recusancy of the Constables); Lady Fairfax's record as a recusant is –

1600, Y.D.R. RVI/B.2 f.226 (presentment as non-communicant.)

1603. Peacock.op.cit. p.61. (a recusant)

1604-5. Y.D.R. High Comm.Bk. (She and her companion, Thomasina Dakins non-communicants. No action taken apparently.)

1614.N.R.Q.S. ii/62. (convicted – but not for the first time, since Recusant Roll 1612-13, P.R.O. E.377/23, notes a conviction, but says nothing more.)

1615.Y.D.R. RVI/A. 18 f.294. (presented for 16 years recusancy with her companions Thomasina Dakins and Frances Rosse.)

1616-23. N.R.Q.S. iv.passim. (convictions, 1616, 1619, 1623)

Frances Rosse (Rose) was of a genteel Catholic Gilling family, (N.R.Q.S. passim) and Thomasina Dakins was possibly a Dakins of Linton and was the ‘Mrs Thomasin’ who had charge of the linen at Walton in 1624. (Walton inventory in Archaeologia. xlviii/ 121) T.N.MSS. Council of the North Secretaryship.111/68 (the Judges')decisions).

Lady Fairfax died between 1623 and the end of 1626 (her husband's licence to marry his second wife is dated January 1627 – Clay. Extinct Peerages in the Northern Counties.) There is a story about her death at Gilling in ‘The Life of Mrs Dorothy Laws on of St Anthonys near Newcastle-on-Tyne. (by Fr Palmer S.J.? 1855 ed. p.63).

‘It seems God would entertain her [Mrs Lawson, Lady Fairfax's younger sister] with musick voices as He did her vertuous and dear sister, the Lady Fairfax of Gilling with instruments. For Mr John Cresswell [very likely a son of George Cresswell of Nunkeeling, since this John was closely associated with Sir Thomas Fairfax and Sir Henry Constable and related to the Constables by marriage – Y.A.S.R.S. 58/154, 188] an ear-witness, and a gentleman of unblemished reputation, faithfully and often asked, assurd me that immediately after her death, he distinctly heard musick, which he thought could be no other instrument than a lute, and after diligent enquiry over the whole house, he found that by them no such instrument was used at present, nor in any ways near that chamber, but sighs and tears for the loss of so worthy a lady.’

(67) Original in W.MS 5/5.

(68) N.R.Q.S. – only one appearance 1603-27- There is a gap in the rolls 1627-31.

1631-6, he appeared twice.

(69) Y.A.S.R.S. 96/l26ff. (York 1620 election); Went. MSS Strafford's Letter Books ii/f.54 (Wentworth's letter of thanks to Sir Thomas of Walton. Dec.3rd 1620), The other letters from Wentworth to Sir Thomas are strictly about estate disputes (ibid, ii/ff 1,4, 30, and xii/ March 26th 1628, which is the last). Wentworth always calls Fairfax ‘my cozen’, though we can discover no relationship except of a very remote kind. H.M.C. Rutland MSS. iv-211,497,513. (Sir Henry Constable & Rutland).

W.MS 5/4 (the copies of Parliamentary speeches – typical endorsements – ‘To the right worll. My most honored Mr. Sr Thomas Fairfax knt. at Mr Kettlewells house in (unreadable)… here grays inn lane end’; ‘These to Mr Henry Fairfax at Gilling to be kept for his father’; ‘When you have rede these tak a copey and send this away to Gilling to Baxter for my soon Henrey’.

(70) For the Francis Fairfax case see Note 51. H.M.C, 4 Rep. p.6. (Commons’ petition against Lord Scrope – he favours Popish recusants.. rarely attends divine service in the Minster or receives the sacrament.. sets a bad example by leaving the church on sacrament days when others go to the communion table, .has procured the nomination of popish recusants in the East Riding commission of sewers, commission of oyer and terminer, omitted to disarm Lord Eure when he went to stay with him.. authorised Lord Dunbar and Sir Thomas Methame to view gunpowder at Hull and be deputy lieutenants., disallowed a plea that one Isabel Simpson was a popish recusant in a suit for part of her dower,. that recusants have enormously increased in number in the parts under his authority since he came into office. (Compare H.M.C. Rutland IV/497. Scrope at ‘bowles’ with the Catholic Earl and Sir Henry Constable). Test.Ebor. 1636-8, Lord Fairfax's will refers twice to ‘my cosin John Ibson’. Ibson was Gilling agent during the Commonwealth.

(71) Cal.State Papers. Ireland. 1625-32 p.367 and 1647-60, p.302; The Fairfax Correspondence. Memoirs of the Reign of Charles I. ed. G.W. Johnson, i/14-15, 156, 158-9.; Cobbett, Parliamentary History, (ed. 1807) 1625-8. col.438.; W.MS. 4/21 (a MS legal argument of precedents for the granting of foreign peerages to Englishmen with no lands in the country concerned);Cal.St.Papers.Ireland 1633-47 pp.55,59 (proxy given, but ‘manner of proceding to the 1628 Parliament’ supposes that ‘Thomas Fairfax and Viscount Fairfax de Emmeley walk together’; ibid. 1647-60 p.244 (proxy to 2nd Lord Fairfax for the 1641 Parliament); ibid. 1663-5 pp.90,424-5 (demand notes for Irish subsidies – which were paid, see Bodleian MS Rawlinson 391/D. p.43).The 5th Viscount was attainted by the Irish Parliament of 1689, as resident in England, (Irish Peerage. 2/32).

(72) Fauconberg Book (see Note (25)); Surtees. History & Antiquities of Durham, iii/130 note ‘h’.; Lord Fairfax's will; P.R.O. Wards 7/96/95 (his Inquisition Post Mortem); Archaeologiaxlviii/l2lff. (1624 inventories) and L.MS (1636 Gilling and Walton inventories).

(73) P.R.O. S.P.16. Charles I vol.27, no.34; Life of Mrs Lawson (Note 66); Hodgson was a Catholic (W.V. SMITH. Catholic Tyneside. pp.34-5).

(74) Herald & Genealogist VIII/225ff. (L MSS marriage settlement Jan. 1st 1627 and Scrayingham M.I. of Lord Fairfax – now vanished); Test.Ebor. will of Lord Fairfax, made Oct. 22nd 1634, very elaborate with several codicils; L.MSS inventories of Gilling and Walton.

(75) House of Lords Journal, Nov.28th 1645 alludes to the settlement (by permission of the Librarian); Lord Fairfax's I.P.M. (note (72)) dates the settlement Jan. 20th 1631.

(76) Pilgrim Bk. of the English College. (Foley); Dasent.Acts of the Privy Council 1619-21 p.367 (March 1621. Pass for Henry Fairfax Esq. to travel for 3 years with one servant provided he does not go to Rome, by Secretary Calvert); W.MS pedigrees; V.C.H.N.R. ii/141-2; Glover's Visit. ed.Foster. p.230 (his first marriage); his father's will (leaves him £3000 and reversion of the £1200 education money and Eavenwood); P.C.C. 133 Pembroke, (his will made May 22nd 1650, proved Aug. 7th); Trans.East Riding Archaeol. Soc, viii/36/7, ix/80 (residence in Bridlington); Berkshire Archaeol. Journal, xli/92-7 (annotated Monuments of the Fairfaxes of Hurst, M.I. of his granddaughter calls Henry ‘of Burlington, co. Yorks.’ =Bridlington).

(77) W.MS pedigrees; Harl.Soc. Familiae Minorum Gentium 39/847-8 (his first marriage – S.P.D. 1623-5 cciii/4, Sir Edward alive in 1618). Went. MSS passim (the Waterhouses and Sir Arthur Ingram); his father's will (left him £120 a year out of Acaster 1636 – this was reduced to £40 by his brother's death in 1641. Recusant Roll for his brother. 1638-41); Test.Ebor. 1640. Lythe.Admin, of Abigail Waterhouse alias Fairfax, to her husband, William Fairfax. The familiae Min.Gentium reference gives a second administration of her goods, as of St James’ Clerkenwell. S.D.P. Charles I ccclxxviii no.94 (Will. Fairfax's licence for stay in Clerkenwell. Jan. 16th 1638). L.MS marriage settlement of Lady Dorothea Norcliffe Dec.21st 1641, trustee William Fairfax of Ugthorpe. Y.D.R. RVI/A.28, A.30 (presentments, 1667, 1674); Surtees Soc. 62/254 (Mrs Thornton), Note also Camden Soc. Plumpton Correspondence, pp.v, vi. a marginal jotting in the Townley MS of the Plimpton letters –

‘Thomas Cholmley desiers Mister William Fairfax to suffer all he can posible for the good of the comonwelth, and long lookt for will come at last.’

The editor identifies this Thomas with a Cholmeley of Braham, but our William Fairfax had a nephew by marriage, Thomas Cholmeley of Brandsby, who married Anne Plumpton of Plumpton in about 1680.

(78) W.MS pedigrees; Y.C.A. E/80. York Hearth Taxes 1671; Y.A.S.R.S. 46/7 (licence for Walmesley marriage); H.M.C. House of Lords MSS. 1678-88. p.234 (Charles at Dolebank); Dugdale. Visit, of Yorks. ed. Clay i/87; Northern Genealogist ii/56 (Charles, 5th Lord Fairfax executor of Richard Walmesley of Dunkenhalgh 1680); The Ancestor ii/36 (Household Books of Sir Miles Stapleton – 2s. to Mrs Fairfaxsnurse that kept her when she lay in of her boy 3rd May 1678’, and on June 7th Sir Miles stayed at Selby and gave money to ‘Mr Fairfaxs servants’. Ev. MS Knaresborough's ‘Foul Draughts’ (a signed memoir of Mrs Fairfax's record of her visit to Fr Postgate, made Oct. 5th 1705); Westminster Archives vol.35 f.377 (Leyburne's confirmation); Register of St Mary's, Castlegate, York; Y.A.S.R.S.46/140 (licence for Middleton marriage); Payne & Estcourt. Catholic Non-Jurors of 1715. pp.298,303,325. and Y.C.A. E/62 (registration of estates as Papist); Sir Geo. Duckett. Penal Laws and the Test Actpp.75-6 (Alderman 1689); Memoirs of Sir John Reresby. ed. A. Browning. pp.512-3n. (attempt to make him Mayor); Test.Ebor. 67/263ff. (will of 5th Lord Fairfax June 1711 – £10 to my cousin Charles Fairfax to buy mourning; W.MSS passim – odd accounts mention Charles c.1710; Test.Ebor. 72/58 (his own will).

(79) C.R.S. Third Douay Diary pp. 150,222; Chronicle of St Monica's, Louvain. ed. Hamilton. 1625-44 p.80; W.MS 3/14(7), 1/14/10 and Y.A.J. 30/411 (his marriage). Y.A.J. 30/406, 412-14. and Y.A.S.R.S.liv/xxi, Surtees Soc. 36/274, C.R.S. Douay Diary pp.502,513 and Y.A.S.R.S. xx/180 all show that Mrs Fairfax's father and step-mother were Catholics, as was an aunt and her own sister, but her uncle, John Beck with was a Protestant. Her father died in 1652, having sold his estates in Acton and Featherstone for £5000 to pay for his sequestration as a recusant. Calendar of Committee for Compounding 1805, 2150-1 (Nicholas’ war service ? and Dunbar debt); Featherstone Church Register and M.I.; Test.Ebor.Admin, of Goods of Nicholas Fairfax of Tanshelf 1662.

(80) W.MS 3/14(7) calls him ‘Thomas, a priest’; Featherstone register; Foley v/821ff., vii(i)/24; Dictionary of Nat.Biog. ‘Fairfax, Thomas’ and Gillow. Foley says the Jesuit was born in 1656, the Featherstone register gives Oct. 1655. For the name see Y.A.S.R.S. liv/273 (Quarter Sessions. West Riding. 1641 – ‘Ric. Beckitt alias Beck-with).

(81) Payne, Records of English Catholic Non-Jurors, p.116; Y.A.J. 30/412; Payne & Estcourt. Eng. Cath. Non-Jurors of 1715.(passim); Surtees 131/69 (Helena Fairfax of London).

(82). L.MS Deed of Oct.25th 1631; H.M.C. Various Collections iii/257.

(83) Walton Register; Archaeologia xlviii/121 (Walton inventory, 1624 ‘My Lady Lai tons Chamber’); Layton was a trustee under Lord Fairfax's 1631 scheme.

(84) V.C.H.N.R.ii/33,281 (Morley family); Y.A.S.R.S. Yorks. Royalist Compositions, under Cuthbert Morley; Ord. History of Cleveland, p.563 (Morley pedigree).

(85) Walton register; Clay. Extinct Peerages in the Northern Counties.

(86) Went. MSS. Papers of the Bright family; Letters of Dorothy, Lady Norcliffe circa 1680 in Bright MS 79a. Y.A.S. 8/430ff. (Lady Boynton).