Is Mary wife of Thomas Axtell as the Mary Rice who married a Thomas Axtell in St. Albans, Hertfordshire?

+6 votes
146 views
[[Axtell-1|Thomas Axtell]] (1619 - 1646) of Berkhampstead, Hertfordshire and Sudbury, Massachusetts had a wife [[Unknown-554627|Mary (unknown)]] who married second John Maynard. Mary has long been speculated to be Mary Rice, daughter of Edmund Rice, also of Berkhampstead and Sudbury. This has been disputed based on the lack of a marriage record and the fact that no daughter Mary is mentioned in Edmund's probate. However, Boyd's Marriage Index lists a marriage license issued in 1638 to Thomas Axtell and Mary Rice in the St. Albans Archdeaconry Marriage Licences. Thomas and Mary's first child was born in 1639 and Berkhampstead is only a few miles from St. Albans. Is this sufficient to finally identify Mary? Does anyone know where to get access to the original license?
WikiTree profile: Mary Maynard
in The Tree House by Clark Bagnall G2G1 (1.1k points)

3 Answers

+7 votes
To partially answer my own question, as Shaun Sindelman has pointed out there were two women named Mary Rice who could have married Thomas Axtell. They were double first cousins. If Mary Axtell was a niece of both Edmund Rice and his wife Thomasine that could certainly explain the interaction between the two families after the move to Sudbury. It would also explain why Mary would be absent from Edmund's probate. Still, I feel that we can safely change her LNAB to Rice.
by Clark Bagnall G2G1 (1.1k points)

I came across this on find a grave:

MY 8TH GREAT GRANDFATHER

FATHER OF HENRY AXTELL

Thomas Axtell was the son of William Axtell 1587-1638 and Thomasine Cutler

Siblings: Nathaniel 1612-1640, John Axtell 1614- , William Axtell 1616- , Daniel Axtell 1622-1660, Samuel Axtell 1624- , Sarah Axtell 1628-1665, Joane Axtell 1630- , Ann Axtell 1633-1687

Brother Daniel Axtell was a colonel under Cromwell, and he was executed for his share in the death of Charles 1st. He was hanged at Tyburn.

Thomas Axtell married Mary Rice

Son Henry was born just two years before the family left England for the New World

Children: Mary Axtell, *Henry Axtell 1641-1676, Lydia Axtell 1644-

The family landed at MA in October of 1643 and purchased 5 acres of land in Sudbury from Edward Rice.

Three short years later, Thomas died, leaving his wife and three children on their own in a new land. His widow remarried.

A Plaque erected at the First Parish Church, Sudbury MA by the Axtell Family Organization states in part

There is a record in the US &
International Marriage Records, 1560-1900 which shows the marriage of Thomas
Axtell & Mary Starr. While it is an index only record (the original can't be
viewed), the transcribed record on Ancestry.com is:

Name: Thomas
Axtell
Gender: Male
Birth Year: 1619
Spouse Name: Mary Starr
Spouse Birth
Year: 1620
Marriage
Year: 1638

It also shows she had a sibling named Mary Gernor Rice Boltwood born 1626, so that makes no sense to me?

Thanks Angie.

The confusion between Mary [Rice?] and Mary Starr has been resolved for many years. Mary Starr and Mary, widow of Thomas Axtell, both married men named John Maynard. It is clear that the two Johns were completely different men. See merge warning for Maynard-280 and Maynard-1313. There is no reliable marriage record for Thomas Axtell and Mary Starr.

My question is whether or not we now have sufficient evidence to change Mary Axtell's LNAB from Unknown to Rice, even though we can't prove her relationship to Edmund Rice.
+9 votes

Berkhampstead parish was in the Archdeaconry of Huntingdon, so the Archdeaconry of St Albans would not have had jurisdiction to issue a marriage licence to a couple if either of them were resident at Berkhampstead. 

The original records for the Archdeaconry of St Albans should be at the Hertfordshire Archives.

This licence is abstracted in the Herts Genealogist and Antiquarian, vol. 1, page 216:

Oct. 10 Tho. Axtell of Bushy, bach., and Mary Rice, maiden

The Bushey registers only survive from 1684 onwards, but I see there are Axtells in the neighbouring parish of Aldenham around this period.

This marriage licence is almost certainly not that of Thomas Axtell of Berkhampstead, Hertfordshire and Sudbury, Massachusetts.

by Andrew Millard G2G6 Pilot (118k points)
Thank you Andrew for your detailed reply.

To clarify, are you saying that both parties had to reside in the same archdeaconry to obtain a marriage license? What would be the procedure if the parties resided in different archdeaconries?

The Thomas Axtell of the license was resident in Bushey, only 15 miles down the A41 (London Road in his day) from Berkhampstead. I just find the fact that we have a marriage license, issued the same year that Thomas Axtell of Sudbury married (oldest child born 1639), to a women having the same suspected surname as his wife Mary, in a parish only 15 miles away, to be too much of a coincidence.
For a marriage licence to be issued three things had to be in the jurisdiction of the granting authority: the residences of the two parties and the location of the marriage. There was a hierarchy of jurisdictions: archdeaconries, dioceses and archdioceses, with the Archdiocese of Canterbury also having powers over the whole of England and Wales. If the parties were from different archdeaconries within the same diocese then a bishop's licence (or consistory court licence) would be needed. If in different dioceses, then an archbishop's licence. Licences could be obtained at higher levels than necessary, and this was particularly the case in and near London as the archbishop's court was located there.

Your hypothesis is that Thomas Axtell of Berkhampstead married Mary Rice of Berkhampstead. The 1638 marriage licence from another archdeaconry implies that neither party to that marriage was living in Berkhampstead. He was certainly living in Bushey, and as her parish is not mentioned, it seems likely she was as well (the original might be clearer). There were Axtell families in Watford and Aldenham, the neighbouring parishes to Bushey, so the simplest explanation for this marriage record is that there was another Axtell family in this area, invisible because the Bushey registers don't survive, of which this Thomas was a member.

If this marriage is to be identified as the hoped for one, then I'd like to see stronger evidence connecting it to the Berkhampstead families. Perhaps the original marriage licence allegation names fathers, gives ages, or has bondsman who are identifiable relatives. Or perhaps there is some other evidence connecting the Berkhampstead families to Bushey. But without something like that I don't see a solid connection.
+6 votes
My husband has all of them in his tree and I just took a look.  He's descended from Joseph Graves and Elizabeth Maynard, d. of John Maynard and Mary Axtell.  He has her maiden name as Mary Rice, d. of Edmund Rice and Thomasine Frost, first marrying Thomas Axtell and then as Mary Axtell marrying John Maynard in Sudbury on 16 Jun 1646. The marriage record spells it Axdell. Her three children with Thomas Axtell are logically spaced, from 1639-1644, then she married John Maynard and had her second set of children starting in 1647, a year after their marriage.
by Pamela Miller G2G2 (2.6k points)

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