| Notes |
- Here is a partial transcription of the very difficult to read 1637 document involving Robert Dudley as he tries to procure land that had gone to his brother Dudd Dudley. According to him, it had legally been given to his deceased brother Edward, a minor. It was in the care of Elizabeth Tomlinson till Edward reached his majority. After Edward died young and Elizabeth also passed, Edward's land somehow came into possession of his younger brother Dudd Dudley for which Robert files a request to have the land put in his name instead as the eldest living son of Elizabeth Tomlinson and Lord Dudley. He did not file this request until seven years after his mother's death. It obviously was a long-held grudge.
Here is the Chancery suit Dudley alias Tomlinson vs Dudley alias Tomlinson, Stafford, 1626-1639 under PRO reference C3/400/154 in the Court of Chancery or Court of Probate that is transcribed by myself (Linda) and Uncle Richard Coate as follows:"May 16, 1637To the Right honorable Thomas Lord Cobentrye Lord Keeper of the great Seale of England Humblie complaining and showeth unto ye good Lordshipp ye daily orator Robert Dudley Als Tomlinson of Dudley in the Countye of (W)igen (gent) That wheras Gilbert Irlyans of Dudley aforesaid yeoman being lawfully (seized) in his (demea.ner) (as) of A(be) (off) and in all those hee (closes) of land (pa? re) and wood called or knowne by the name or names of (Parhy Airly) with all and singuler theras (Then anses) Lying and being in Tibbington (Als) Tipton in the Countye of Staffrd beh()eene the land leading from Tipton Greene to the part way, The land called Tipton Park (heretofore) in the (tenure) of Humfrye (Noinsthurst) the lands late M(lis) (Kirleys) divided into five parts wherof the one is called Smythe and the other Hall (Alisles) And the lands late of Richard Whitehorse of all parts, All with said (Prern) were heretofore in the occupaton of (Nicholas) ()(Hardmish) or of his (Appyues) and nowe and in the (tenure) and occupaton of Olliver Hamnett and Henry Addenbrooke of Tipton Aforsaid Naylors or ( ) (A? es): And being soe seized the said Gilbert Julyans by his Indenture Tripertite (Sebring) (da.) on or aboute the sixth daye of October with (wat) in the ffirst yeere of the late reigne of ( ) late (soveigne) Lord king James made behoeene him the said Gilbert Julyans of the Ffirstt part, And (..hard) (..hurth) late of Shurbridge in the said countye of Wigon, and Thomas (? mer) Esqr. of the second part, and Edward Tomlinson (sithenne) deseased and ye orator Robert Tomlinson and Dud Tomlinson being (..es) of Elizabeth Tomlinson your orators late Mother deceased of the thirde parte did by the said indenture and by deed of Ale(e) (Alment) afterwards wherupon (.inery) and seiz() (was) Duely (Executed) and other grod and lawfull convayances and for good and valuable Considerarns of Money (convey) (sitte) and assure the said lands and premises unto and upon the said Edward Tomlinson ye orators late brother and the heires of his body lawfully begotten and to bee begotten and for want of ( ) ( ) then unto and upon ye Orator and conseyances of the same may bee produced itt doth law may more all large Appeare: By (fforstt) wherof the said Edward Tomllinson was sized of a good and lawful estate in fee sayle the (mediahe) remaynder expectant, upon ye orator and his heirs to be (apresaid), Which said Indenture and Convayance were afterwards putt into and left in the hands of the said Elizabeth Tomlinson being ye orators and the said Edward Tomlinson late Mother as aforesaid) the same to bee saflye (..t) by her for the Said Edward and ye (Orator) being then in there Minorityes, And the said Elizabeth did for the most parte in her life tyme (reseme) and (sek) the (werts) and (..its) of the said (Premisses) (sithoure) (whos) (.yne) ye Orator showeth unto ye Lordshipp that the said lands (premisses) and mus(.) improved by reason of (durse) buildings and (M.ssubyes) and Cappitall Mansion houses ( ) nowe. But and bee built thereon, soe be the said premises and nowe worth ffifty pounds () And all the least: And ye Orator further showeth unto ye good LoEdpp (abbreviation for Lordshipp) that afterwarde the said Edward Dyed wh(in) Agre and without (use) of his body lawfully begotten he as the said (Vicemisses) did and ought rightfully and lawfully to (Discend) and (tome) unto ye Orator and the hieres of his body lawfully begotten, and your Orator is and ought in all right and equitye lawfully entitled unto all and singular the rents and profits therof (grounde) due eter (sithoene) (t)he Death of the said Edward, and ought pereably and quietlye and to have hold and enjoy the said lands and premises and (eu) ye part and ( ) (a)ll (hero.), And all and singular the rents y (Mus) and profitts therof (sithenne) the Death of the said Edward your Orator Es. Late brother aforsaide. But nowe soe (.it) may (.) please ye good Lorshipp that Dudd Dudley Als Tomlinson found after the death of the said Elizabeth Tomlinson being aboute Seven yeeres (last) past having casuallye or otherwise gott into his hands and custodye to dye all and singualar the said Convayances soe made by the said Julyans as aforsaid and alsoe all other the deede Evidences and (wirkengs) xx (toushing.) and (comminge) the sayde lande going rightfully and properly belonging unto your orator as aforesayd and premises although hee (doth) well knowe and hath beene made bequainted with all and singular the aforesaid premises and that the said lands and Premisses were here tofore conveyed by the said Gilbert Julyans unto Edward Tomlinson Deceased ye orators late brother and (to) the heires of his bodye lawfully begotten and for (want) of (s..h.mit) then unto ye Orator and the heires of his body lawfully begotten and that the said Edward and (.mig.es) were by the said Julyans setled and assured unto and for (suposes) intents and (purposes) as affosaid , yet the said Dud Dudley als Tomlinson by reason of (.anding) gott the said (Evidences) and workings into his hands (coustodye) at alsoe the possession of the said premisses after the death of the said Elizabeth ye Orators late mother the said Dudd Dudley als Tomlinson Hath ( and) (wer) sithenn (rowaued) (and) taken the route (y..es) And (..itts) (thenor) and hath committed and doth yett comitt and se and (yrear) spoyles and wasts in and upon the said premises in pullinge downe and deerying and the howses and cutting downe the trees and lymber groweing and beinge in and upon the said premises or some part therof contrary to all right equity and good (consrenre), and (past) sometime (intend) that he hath an estate theron from the said Julyans (Br)eeding the aforesaid consavanses at aforesaid wheras in truth the said Julyans never made (pay) - after or former estate of (or) in the said premisses other then as afresaid, and sometimes hes (intends) that the said Elizabeth Tomlinson did make some assurance unto him of the said premisses or some part therof wheras in truth that said Elizabeth had noe power or abilitie to make the same shee being onely in housed (with) the keepinge of the said writeings at afresaid and having noe estate in the same; and sometymes hee doth deny that the said Julyans did ever make any (su..) convayances unto or for the benefit of your orator as aforesaid and sometymes doth make (for) all other x E(.enses) and the more to pplex the said premisses and ye Orators estate therin (the) said Dud Dudley als Tomlinson by meanes of having the said (writeings) and Evidences and the possesson of the said Premisses have by combynaion and (confedvaoye) wth the said Olliver Hamnett and Henry Addenbrooke and (Robt) [names written above line that I can't read] Sewall other pson (and/or symbol) psons as yet unknowne unto ye Orator made and (Pontr..ed) (? ? .s) and sundrye (secrett) (leases) estates (acts) and conveyances of and (touchinge) the said Premyses or some part therof unto Dud (R) Sewall (pson) and (psons) (but) yet unknowne unto ye orator who he names upon (.i) (sobrry) ye Orator doth (.es.re) way bee (gerein) inparrted, And the said Dudd Dudley als Tomlinson hath taken great and (se.) all bonds and collaterall security and from (such) (few) all pson and psons be her(w) hath putt into the said premises as well for the keeping prepossession as for the (..aueing) the same unto him the said Dudd Dudley als Tomlinson "farm-least" that they should yeild (Caive) (to) (pp) the same unto ye orator to whome in all right and equity the same doth beglonge and appertayne and more phinlerly ye orator showeth that the said Olliverer Hamnett, Henry Addenbrooke and (? .oft) them hath (given) securitye to the said Dud Dudley als Tomlinson for the keeping and (plser.inge) the possession (ayemst) ye (crak.) (..t.) under consideracon of all which said presmisses and for that ye Orator hath (noe) meanes in and by the (stiatt) rules of the Comon law or of this (pealue) for the resource of the aforesaid (Ieedes) Evidences and (writeings) for the ye orator doth not knowe the (Centeyne) dates number or contents therof or of any of them (nor) where the same or any of them nowe bee (.o.) hath any meanes therby for the reasons afresaid manifestly appeaing to bee releiued (for) or ageinst the said (.a? ) or (o)payles or for the (rec? .ye) of the rents and (arr..ages) of rents now Due and growne due (sithenne) the (decease) of the said Edward or which shall hereafter growe due of for or (toncsrimge) the said premises now hath any meanest therby to (dissouer) of said (sewall) (pl.nded) estates and convayasses or to bee (re? ed) in all or any of the apresayd premises but doth hope that the said Dud Dudley, als Tomlinson Olliver Hamnett and Henry Addenbrooke and (other) his Considerates when they shall bee (disson.ed) will upon ther oathes being loyally ther (unto) called confesseson (goeth) and diss(olve) the truth of and in all and singular the afresaid premises herby ye orator may bee released therin keeping to (equitye) and good conssiense. To the end ther(for) that the said Dudd Dudley als Tomlinson, Olliver Hamneet and Henry Addenbrook and every of them may (pre.selye) and (p? ..levly) (sen) (forth) and (dissene.) what be all and (e.) ye (? ? .) (estates) (reases). (Acts) and convayances will nowe bee or (late) were had made and (contained) by or to him the said Dudd Dudley als Tomlinson or by or to them the said Olliver Hamnett and Henry Addenbrooke or by or to any other pson or psons to there or any of ther knowledge of or (conshinge) all or any of the affesaid (premisses) and (nohen) and all what tyme and by whome and to whome and upon what consideration of money or otherwise is the same was or were made or done, and may att forth the same yearly value therof, And what estate or estates bee the said Dud Dudley als Tomlinson do he nowe clayme in all or any of the affesaid premisses, and (howe) long hee hath had and (enioyed) the said premisses or had or taken the rents (? es) and profits therof, And that hee paid Dud Dudley als Tomlinson may sett forth why hee should not bee redy and willinge to bee assomptable to your Orator of and for the same, And to give and yeilde (byy) the possession of the premises unto ye Oratoer, and may sett forth whether hee hath not taken bonds or other securityes of the said Olliver Hamnett and Henry Addenbrook and of and from all or some of the tenant and tenante whome (? ) hath (pla..) in the premisses for the keeping and holdings the possession of the said premisses ageinst ye Orator and for the yielding (of) the same (coppagaiue) unto him the said Dud Dudleyu als Tomlinson, or to (? ) like effect and purpose, And that the said Olliver Hamnett and H(umfrey) Addenbrook and (ectzerett) (.e? way) (sett) forth whether they and either of them have not given securitye by bond or otherwise to the said Dud Dudley als Tomlinson to the effect and purpose afresaid, and that hee the said Dud Dudley als Tomlinson may sett forth (whehes) hee doth not knowe or hath not (rediblye) heard or doath believe that the said Gilbert Julyans did make (? h) appertanses and conveyances or to (sa..) effect and purpose as aforesaid, And whether hee Did never see the same or any of them, and may sett forth the (? e) contents and effect of the same and and (? .) (the) same, And may sett forth what bee all and onlye of the deede evidences and writeings of for (fo? ing) or (cont.inge) the said (premisses). And every and any part or parcell therof wh nowe bee or late were in his hande on (s)ody or possession or in the hands or possession of any other pson or psons what foever to his knowledge or by his deludye and may make a fully (bet) and Direct answeare to all and singular the aforesaid prmisses, wherby ye Orater may bee released therin by ye Lordship according to equitye and good consiense: May itt therefore please ye good Lordshipp to grant unto your Orator his Ma(.es) Most gratious writt of (subpena) to bee directed to them the said Dudd Dudley als Tomlinson Olliver Hammett and Henry Addenbrooke and ewy(.) o(f) them (therby) (Camandinge) them (.ewye) o(f) them all (Arreyue) daye and (sinder) (arrheyue) (payne) (therin.) To bee (Preimited) psonally to bee and (by peace) (beb.) ye good Lordsp in (his) makes high (.our.) of (? awevy) then and here to (a)nyseare (h.p.mis.s) and to stande to and abyes (s..e) (? .erorder) and (dirctton) therin as to ye Lord:pp shall seeme weeke and Ye Orator shall (dbylie) praye Tho RAHG"
|
Abt 1587 - 1653 (~ 66 years)
