Re: Richard Tye, and Lambert Tye, questions
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In reply to:
Re: Richard Tye, and Lambert Tye, questions
Lois Eggers 8/21/12
Thanks for your post, which gives me some information I didn't previously have.Here in return is some further information about the Cocke family who employed Lambert Tye:
The Thomas Cocke who claimed headright for Lambert Tye in 1688 was probably Thomas Cocke Sr.Capt Thomas Cocke (b. about 1662) was his son.You are right about the Cocke and Lewis families being connected.James Cocke, son of Capt Thomas Cocke, married Elizabeth Pleasants, daughter of John Pleasants.John Pleasants' stepdaughter Mary married John Woodson.William Lewis was married to Elizabeth Woodson.All these families were neighbors, and Quakers.All are documented in "Adventurers of Purse and Person", 4th ed., vol. 1.A transcript of the will of John Pleasants has been posted at http://freepages.genealogy.rootsweb.ancestry.com/~stevestevens/childres/John%20Pleasants%20of%20Curls%20Will.htmhttp://freepages.genealogy.rootsweb.ancestry.com/~stevestevens/childres/John%20Pleasants%20of%20Curls%20Will.htm
Regarding Richard Tye of Weyanoke, I question whether Lambert Tye could have been his legitimate son and heir.
You wrote:
“It is added and condiscended by me Charles Sparrow abovesd that in case of Decesse of the sd Elizabeth Tye dureing her minority the sd 1000 acres of Land above given and graunted w’th all my rights and previledges therof shall descend and come by hereditrary succession to the surviv’r or surviv’rs of the orphanes of Capt Richd Tye aforsed decd witness my hand this first day of Sept: 1659 “
Test Thomas Drewe Charles Sparrowe rec, 7 br.8.59 Charles City County court records.
The circumstances of this grant were as follows.Richard Tye and Charles Sparrow jointly patented 2500 acres "lying near the head of Powells Creek", 12 August 1650 (Land Office Patents No. 2, 1643-1651, p. 248)
Tye died in 1658.Since the land had been jointly patented and not divided, according to law Sparrow became legal owner of the entire 2500 acre tract.During the course of the settlement of Tye's estate, Sparrow voluntarily transferred 1000 acres of the land to Tye's oldest daughter Elizabeth:
"“and tho by law all the said land by decease of him belongs to me said Sparrow, I out of my own free will give etc. my right and title of 1000 acre unto Elizabeth Tye, eldest daughter of said Richard Tye. It is added and condiscended by me Charles Sparrow abovesd that in case of Decesse of the sd Elizabeth Tye dureing her minority the sd 1000 acres of Land above given and graunted w’th all my rights and previledges therof shall descend and come by hereditrary succession to the surviv’r or surviv’rs of the orphanes of Capt Richd Tye aforsed decd witness my hand this first day of Sept: 1659 “ Test Thomas Drewe Charles Sparrowe rec, 7 br.8.59 Charles City County court records.
It appears to me that Sparrow was giving the land to Tye's heir.Since primogeniture was in force at the time, if there had been a son, of any age, the son would have been the heir and would have received the land.Sparrow would have been most unlikely to overlook a legitimate son and heir in favor of a daughter.It would surely have been challenged by Lambert Tye, once he reached his majority.
I agree that the Sparrow's wording implies that there were two or more orphans in addition to Elizabeth, but I think that none of them were sons.A son of a wealthy man wouldn't just meekly disappear and become a landless laborer.
Also, there is the Baartholomew court case.We know that Frances Tye married Charles Bartholomew and died before 1694, when Bartholomew and his then wife Rebecca Coggin Poythress Bartholomew were brought before the court accused of incestuous marriage:
"Court at Westover, Jun 4, 1694, Attorney General exhibits information asgst. Charles Bartholomew for making and unlawful marriage. Attachment awarded agst body of sd. Charles, returnable to next court. Sherriff is to summon Rebecca, relict of Francis Poythress, to appear and answer information of an unlawful marriage to Charles Bartholomew. (Charles City County Court Orders, p. 502)"
During the court action, testimony was given by John Jane, husband of Frances Tye's sister Elizabeth (the heir who received the 1000 acres):
"3 August 1694, John Jane sayth he knew Frances and sd Rebecca and he married one of the sisters of sd Rebecca and he took the sd Rebecca and sd Frances to be sisters, say the daughters of one Mother but of divers Fathers."
There were a number of other witnesses, but no other sibling or half-sibling of Rebecca was mentioned.If Lambert Tye had been a brother of Elizabeth and Frances, and a half-brother of Rebecca, it seems likely he would have been called to testify.
Hope this helps.I descend from Richard Pace, who had land adjoining Tye and associated with many of the same families, hence my interest.
More Replies:
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Re: Richard Tye, and Lambert Tye, questions
Jane Doe 6/20/13
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Lambert Tye's death, 1728
Jane Doe 6/21/13
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Anne Tye and John Mackmioll
Jane Doe 6/21/13
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Anne Tye and John Mackmioll
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Lambert Tye's death, 1728