Narrowdale: The four brothers dispute

The following is the record of a family dispute between a George Titterton and his cousins William and Thomas Titterton.  This court case takes places sometime around 1540.  Some time earlier a John de Poole of Hartington had granted four brothers, Edward, George, Henry and Richard Titterton 100 acres of land.  George the plaintif was the son of Richard.  Henry subsequently died childless and his portion was divided up between William and Thomas, the respective sons and heirs of Edward and George (senior).  They disinherited Geoge (junior) and hence his court case

Public Record Office Ref: C1/1072/7-8

To the ryght hon(our)able Sir Thomas Audeley lorde of

Waldyn (and) lorde Chauncell(or) of England

In my humble wyse shewyth (and) compleyneth unto y[ou]r good lordship your daylye orators (and) poore bo[n]dman George Tetryngton that where one John Poole of Hertyngton senyor

Was entyre seasid of and in al wese C acrar of land medewe (and) pasture with[th]appurtenances in Als(tone)field in the countie of Staff(ordshire) in his demene as of and so beyng sased about

evere part by his dede indentyd sealyd with his seale demysed g(ra)untyd (and) to ferme dyd lett the said mese and other the p(re)mysse with[th]appurtenances unto one Edward Teryngton

\George Tetrynton/ thelder Henry Tetryngton (and) Rychard Teryngton father of your oratores beyng iiij brethryn to have and to hold to theym (and) \to/ theys assignes for terme of L yeres yeldyng (and)

payng therfore yerlye duryng the said t[er]me four markes st[er]lyng at the feast of th[e]annunciation of our ladye (and) saynt michael th[e]archangell by evyn p(or)tiones as by thes deds

dede indentyd among many other ten(an)ts (and) graunt more playnlie appe___ at which t(er)me of yeres dothe yett endure by force whereof the said Edward, George thelder, Henry and Richard

were possesside of the said mese (and) othere the p(re)mysse with thappurtenances accordyng and after the said lesse devyded (and) send the p(re)mysse amonge theym in iiij sev(er)all p(ar)tes (and) that ev(er)e

of theym had (and) helde a fourthe p(ar)te of the p(re)mysse in sev(er)altye and so beyng possessyd the said Henri made (and) constytued bis last wyle (and) testament (and) by the same made (and) ordined his only

other iij brethren his executors by the same testam(ent) (and) last wyle gave (and) bequeythid all his goods (and) cat(a)lle to his said iij bretheren (and) that his p(ar)te of all the saide leasse sholde

after the decesse of ev(er)y of the said iij brethern remayn unto the chyldren of the said brethern do decesse (and) after the said Henry dyed by force of whiche wille (and) testament the

other iiijth p(ar)te of the said p(re)mysses asseryng unto the said Henrie cam(e) unto the said other iij brethyrn (and) after the said Richard Tetryngton one of the said three brethern made his last wyle (and)

testam(ent) (and) by the same devysed (and) bequeathed unto yo(ur) orator(es) his thirde p(ar)te of the said iiijth p(ar)te of the p(re)mysses latly asseryng and belongyng unto the said Henri accordyng unto thentent (and) wyle of the \said/ Henri which was

that the same iiijth p(ar)te sholde remayn unto his three brethryn (and) after theym to the children of any of theym sev(er)ally after the deceasse of his said brethern as is assered (and) after the said Henry (and) also the

said edward Tetryngton (and) the said George Tetryngton thelder ___ sed after whose decesse one Wylliam Tetrynton (and) Thomas Tetryngton sonnes of the said Edward (and) George thelder have

diyd into all the said iiijth p(ar)te latlye asseryng unto the Henry and withheld out your orators son of the said Henry from the same (and) although they have been by your orator oftentymes requered yet

wyth in no wyse suffre hym to have any or any p(ar)te thereof with theym but do hold hym oute of the same as well contr(ar)e to the wyle (and) intent of the said Henrie as contrarie to all right (and) ____

and for as muche as the said executors of the said Henry the deceasyd (and) have made no executors ne the thirdynge of the same place hath not requested the said lease your orator shall ________

any p(re)se(n)t for the same in the spiritual court  not by the lawe take the same without delyv(er)y or sute in the spiritual court ne ys he myght take yt as he cannot yett he cannot

____ssred by the said Wylliam (and) Thomas so to do And also good Lord the said Wylliam (and) Thomas are so fryndyd in the sprytual court of the same orator and also in the said

comitie where the said p(re)mysses do lye the great ryche man (and) your orators but a poore man do that he is not able to trye with thym for the same neyther at the same lawe ne yet at the

spiritual lawe he is for these causes without reymedye bothe by the com(m)on law(and) by the spiritual lawe, and he is lyke to loose his p(ar)te of the said iiijth p(ar)te of the p(re)mysses latly aserynd and belonging

unto the said Henrie to his great hynderance undoyng (and) impov(er)ysshement for ev(er) onelese your gracious favour movyd with pytie be to hym shortlye extendyd (and) shewys in the behalf

In tendre consyderation wherof pleassith it your good lordeship to g(ra)unt the Kyngs write of Sub Pena to be dyrectyd unto the said Wylliam Tetryngton (and) Thomas Tetryngton

comandyng theym (and) other of theym under a certyn payne by your lordship to be lymitted to appere afore the kyng in his chambers at a certyn day there \to/ answer to the

p(re)mysse (and) to be orderid therun as may obtined with ryght (and) good constieaunce and your said oratour Wyll dayle praye for the p(re)s(er)vation of your rightly honourable estate

long to conteynue.