John Bagley, Gentleman Deerkeeper

BAGLEY, JOHN (chr. 25 Feb 1571/2, wpd. 8 Aug 1648), deerkeeper on the estate of Baron Edward Sutton, 5th Lord Dudley, of Dudley in Worcestershire, England. John was baptized in the parish church of St. Edmund in Dudley, the son of Thomas and Elinore (Harisone) Bagley. On 2 Oct 1599 the sheriff was issued an arrest warrant against John Bagly, Roland Bingham, Richard Bagly (a brother five years older than John) and John Baker, yeoman, who had been indicted for assaulting Lawrence White in Dudley, as well as some others on similar charges. Again, on 13 Jan 1601 a second warrant was issued. It is not clear from surviving records what the disposition of these arrests was. But what seems to be indicated is that John (and the others) as a consequence would have been in desperate straits. We are inclined to see this event as marking the beginning of a unique relationship between John and the Baron Dudley. As his life unfolds we witness his being given special treatment by the Baron, beginning here, possibly, with freedom from prosecution. The details of John’s service to the Baron will become clearer as his story unfolds.

Beginning a Family

.  The circumstances surrounding John’s marriage remain obscure. On 17 Oct 1602 he stands as the father in the baptism of Edward Bagley in the parish church of St. Edmund in Dudley. What at first seems extra-ordinary that the Baron would be honored as the namesake for his firstborn son. The customary assignment of giving names to children was usually adhered to religiously among all classes of society. This apparent divergence from the expected naming pattern is just one indication of what the special relationship might have been. The next child was christened “John” (chr 28 Dec 1603) presumably after its father. John stated (in court in 1631) that he had taken up residence at Old Park, Sedgely (Staffordshire), in 1603 as deerkeeper for the Baron.

John’s Family Grows

.   Four additional children came into John’s family in the next eight years. The as yet to be explained naming pattern continues: Dudley (chr 1 Sep 1605), an unnamed child (d 27 Dec 1606), Elizabeth (chr 9 Feb 1607/8), and Thomas (chr May 1610). The third son had been given the name of the Baron’s estate (and village) and the first daughter the name of the Baron’s mistress. ‘Thomas’ was the given name of John’s father. It was in 1611 that Lord Dudley granted him ownership of the ancient lodge and land in Old Park. Three more boys were born into the family: Robert (chr 21 Sep 1612), Samuel (chr 6 Feb 1613/4) and Richard (chr 28 Jul 1616). ‘Robert’ was the name of the Baron’s oldest son by Elizabeth, and ‘Richard’ that of John’s oldest brother.

Life at Old Park

.   In a list of Chancery depositions in 1620 John was identified as a “Gentleman,” age 46. This term was a postnomial honorific reserved for landed gentry. He was involved in court proceedings again in 1631 by which time his wife had died. The fact that no children are recorded as born to the couple after 1616 suggests either 1) she was near John’s age and unable to bear more children, or 2) her death was before 1620 possibly being due to causes incident to bearing children. The 1631 case was a suit instigated by a certain Walter Devereux against Lord Dudley for the payment of a large debt. John’s right and title to Old Park had been brought into question, but judgement remained in his favor.

Later Events

.   In 1637/8 John brought suit against a certain Thomas Russell and others. At this time he was identified as a yeoman, a farmer owning land but below the rank of a gentleman. On 27 Mar 1647 John was made executor of his brother George’s will. John Bagley was also a yeoman when he stated in court (in June 1647) that Lord Dudley had granted him a thousand year lease in Sedgley in 1643. This would have been under the provisions made by the Baron (d 23 Jun 1643) in his will. (The 1000 year term was a technicality of the particular instrument executed virtually assuring him tenure for life.)

The Last Will and Testament of John Bagley

.   John’s will was dated 3 May 1648 and proved 8 August 1648. In the margin: Johannis Bagley (of John Bagley)

In the name of God, Amen, I John Bagley of Duddeley in the County of Worcester yeoman beinge weake in body but of perfect memorie and understandinge praysed be ye Lord Knowinge Howe uncertaine my tyme of continuation in this life to the end and I may peaceablie Carry the Testimony of mine owne good conscience in disposeinge of my temporall Estate and for the good of my children and payment of my debts doe make my last Will and Testament the third day of this instant May one Thousand six hundred Forty eight and in the fower and Twentith yeare of Ower soveraigne Lord Kinge Charles &c. Imprimis I commend my soule unto the hands of my Creator trustinge of Salvation through the meritte of my Saviour Jesus Christ and my Body to Christian Buriall in the Parish Church of St. Thomas in Duddeley Item I give all my Lands Tenements and hereditaments in Worcestersheire and Staffordsheire wch I onely bought vnto my twoe sonnes Duddely Bagley and Samuell Bagley to them and theire heires forever for and in consideration that by them my debts shalbepaid. And that thoise other Conditions bee by them or theire Assignes performed and fullfilled. Item I give alsoe all my good Cattells and Chattells whatsoever or wheresoever they bee vnto the said Duddeley Bagley & Sammuell Bagley to them and theire heires forever towards the payment of my debts, and that theise othere Conditions bee by them or theire Assignes performed and fullfilled. Item I give vnto my sonne John Bagley the Howse Garden and Smithyey nowe in the tenure and occupied of Sutans Lowe to him and his heires forever aftermy debts bee paid. Item I give to my sonne Robert Bagley the Howse which the Widow Dickenson dwelleth in To him and his heires forever after my debts bee paid Item I give to my Grandchild Sutton Bagley those fower Howses which William Buttler John White John Mason and John Juckes they all liveinge in them with all their appertenances thereunto belonging to him and his heires forever after my debts beinge paid Item I give vnto Elizabeth Jevon thirty poundes beinge my Grandchild to bee paid vnto her when shee shall come of age after my debts beinge paid. Item I give vnto my Grandchild Margarett Jevon tenn poundes to be paid her in like manner. Item my Will and pleasure is that none of these legacies be paid without my lands Tenements and hereditaments with all my goods Cattells and Chattells doe rise and amount vnto the full somme my debts beinge paid. Item I doe make constitute and ordaine Duddeley Bagley and Samuell Bagley my twoe sonnes to bee my sole Executors of this my last will and Testament. Item I give vnto my sonne Duddeley Bageley twenty shillinges Item I give vnto my sonne Samuell Bagley Twenty shillinges From whatsoever itt amounteth more vnto I give vnto my fower sonnes my debts and legacies beinge paid to bee equally devided amonge them In wittnes whereof I have herevnto putt my hand and seale the day and year first avoue written. The marke and seale of John Bagley In the presence of The marke of John Willmer, Jeffery Atwood, jeffory Finch

The Legacies and Bequests

.   It is of interest that John Bagley made almost every bequest in his will under the provision that his debts be paid first. It appears that he (or his attorney) could not be sure of his own solvency.
Property recently purchased on the border of Staffordshire and Worcestershire son Dudley (b 1605) first married Margary (abt 1630) by whom he had 6 children. She was buried at Sedgley on 23 March 1644/5. He then married Isabella Crosse at Sedgley on 6 May 1649 and lived till 1685 (wpd 30 Sep 1685).
son Samuel (b 1614) appears also to have lived a long life. As late as March 1695/6 he was nominated as churchwarden in St. Thomas, Dudley, for the ensuing year.
A house with a garden and smithy in tenure of Sutton Lowe son John (b 1603) may therefore have been the John Bagley, who was a gunsmith (brd 17 Jan 1643/4) at St. Edmund, Dudley.
A house in tenure of Widow Dickenson son Robert (b 1612)
A house in tenure of William Butler
A house in tenure of John White
A house in tenure of John Mason
A house in tenure of John Juckes 		gson Sutton (chr 22 April 1637, St. Thomas, Dudley), the son of Edward and Ollive Bagley. His father Edward had died 29 Nov 1645. Other children being left fatherless in this household were: Ann (chr 27 Apr 1634, St. Edmunds), Edward (chr 6 Jun 1641, St. Thomas), and John (chr 14 Apr 1644, St. Edmunds)
£30 gdau Elizabeth, dau of John & Elizabeth (Bagley) Jevon. Her mother Elizabeth had been buried 21 Dec 1636 at St Edmunds.
£10 gdau Margaret (chr 1 Mar 1635/6, St Thomas, Dudley), dau of John & Elizabeth (Bagley) Jevon. Her mother Elizabeth had been buried 21 Dec 1636 at St Edmunds.
The hereditary order followed here is: 1) surviving sons, 2) surviving daughters, 3) heirs by blood of deceased sons, 4) heirs by blood of deceased daughters. The testator did not consider their order by age.

Baron Edward Sutton, 5th Lord Dudley

.   Further investigation of the family of Lord Dudley is revealing to his relationship to John Bagley. Edward Sutton (chr 17 Sep 1567, St. Edmunds, Dudley) was the oldest son of Baron Edward Sutton, the 4th Lord Dudley, and his wife the former Jane Stanley. When but 13 years of age on 12 Jun 1581 at St. Benets Fink in London he was married to Theodosia, dau of Sir James Harrington of Exton in Rutland. By her as baron he eventually had five children: Mary (b 2 Oct 1586), Ferdinando (b 4 Sep 1588), Theodosia, Anne (b abt 1593), Margaret (b abt 1597, Exton).

An Extramarital Affair

.   From early on Edward nurtured a lasting relationship with a young girl close to his own age — Elizabeth Tomlinson of St. Thomas in Dudley. Evidence points to the possibility that he had one child by her even before his father died (brd 12 Aug 1586 at St. Margarets, Westminster) and the barony devolved upon him. Knowledge of the existence of such illigitimate offspring would have cost Edward his title. The theory arising from the evidence of this suppressed knowledge suggests that the child, a girl, was taken in by Elizabeth’s parents as one of their own. William Tomlinson and Agnes Orres married at St. Thomas, Dudley, in Feb 1562. Elizabeth had an older brother John baptized there on 19 Feb 1565 and two younger sisters: Joan (chr 17 Jun 1569) and Agnes (chr 25 Jun 1577). By 1585 her mother would well have been approaching the end or just past her childbearing age. In any event we can imagine the little girl being treasured by Elizabeth, as if by an older sister.

More Children Arrive

.   After 1586 Elizabeth Tomlinson set up her own household as the Baron added illegitimate children by her to his dependency. In all the couple appears to have had twelve children: Robert (b abt 1587; dcd 16 Jun 1653), Elizabeth (b abt 1588; d 28 Mar 1647), Jane (b abt 1588), Catherine (b abt 1590; d 31 Oct 1675), Alice (b abt 1592), Susan (b abt 1594; brd 19 Oct 1601), John (b abt 1597; d 1604), Dudley (b 1599; d 25 Oct 1684), Dorothy (b abt 1602), Martha (chr 12 Mar 1603/4, St. Edmunds), Eleanor (b abt 1606; d 10 Jan 1659), Edward (b abt 1608; d 1614). (Various familial reconstructions have resulted in an intergenesic interval often so small as to suggest that at least a couple of these might be the result of a multiple birth. Notice that I have tried to keep the range within what the biologically normal child-bearing span would have been. In this regard it must be admitted that an earlier onset of fertility usually inidicates a later menopause, which latter event should be placed around 1608. Some genealogists have ignored these facts and supposed Elizabeth to be a much younger girl. There is indeed a convenient gap in recorded baptisms in the family of Elizabeth’s parents in just the required time period — 1566–1568.) The various documentary evidences for these children must often rely on non-parochial sources. Chief among these are 1) the nuncupative will of their mother and the testimony given when the execution of her desires was contested in court, and 2) the testimony of Dud Dudley as given to the heralds in 1663 (see below).

Elizabeth’s Last Will

.   Elizabeth Tomlinson’s nuncupative will, dated 3 July 1629:
“set out in the joint and severall answeres of Thomas Duddeley and Henry Jevon, two of the defendants to a bill filed in Chancery 23 May 1631 by Dud Dudley of Tipton, gent. It is as follows: The said Elizabeth, being visited with sickness whereof she afterwards dyed, did by word of mouth only, without writing, will and declare how and in what manner her said personal estate should be disposed of after her decease, which was to this purpose and effect following, that is to say: She did will and bequeath to her five daughters all her wearing apparel. And also she did will and bequeath to Edward Bagley, son of John Bagley, and to Dudde Bagley his brother to be paid so soon as her executors could pay the same. Also to Thomas Bagley and to Robert Bagley, sons of the said John Bagley, 20s apiece; and to the poor people of Dudley all the money to her belonging which was then in the hands of her son Dudd Dudley. And further she willed that Gilbert Gyllyan and Ann Rodes should be paid all that which was then by her due to them. And further she willed that her son, the now complainant, [Dud Dudley] should not see her writings, because, as she then said, he might do somebody wrong. And all the rest, etc., she gave and bequeathed to her eight children to be equally divided amongst them. And of the same her will and testament that said Elizabeth did then ordain and make these now defendants Thomas Duddeley her son-in-law, and Henry Jevon, her servant, executors, and shortly afterwards died.”

The Legacies and Bequests

.   The following summary of Mrs. Tomlinson’s desires fills out identifying features of her legaties by reference to the baron’s will in 1643 and what might be inferred from other documents, such as parish registers. I have included mention of each of her known daughters since she did not identify them explicitly. This document constitutes evidence of the death (+) of at least three of them.
Wearing apparel to 5 dau [dau + Ann (b abt 1585; d bef 1629) wife of John Bagley.]
dau Elizabeth (b abt 1588; d 28 Mar 1647) wife of Jeoffrey Dudley of St. Edmunds, Dudley, & Russells Hall, Worcestershire.
dau Jane (b abt 1588) wife of Richard Parkhouse, Sedgley, Staffordshire.
dau Catherine (b abt 1590; d 31 Oct 1675) wife of Thomas Dudley of Tipton, Staffordshire.
dau Alice (b 1592) wife of George Guest of Hole, Worcestershire.
dau + Susan (b abt 1594; brd 19 Oct 1601) died young.
dau + Dorothy (b abt 1602; d bef 1629) wife of Thomas Brooks of Sedgley, Staffordshire.
dau + Martha (chr 12 Mar 1603/4; d bef 1629) wife of Thomas Wilmer of Dudley, Worcestershire
dau Eleanor (b abt 1606; d 10 Jan 1659)
[amount to first two not in extract]
20 shillings apiece 		sons of John Bagley
Edward (chr 17 Oct 1602).
John (chr 28 Dec 1603).
Dudley (chr 1 Sep 1605).
Thomas (chr May 1610).
Robert (chr 21 Sep 1612).
Samuel (chr 6 Feb 1613/4; d aft 1648) ae 15 in 1629.
Richard (chr 28 Jul 1616; d bef 1648) ae 13 in 1629.
Money in hands of son Dud Dudley (b 1599) Poor of the town of Dudley
Confidentiality of Writings son Dud Dudley (b 1599, brd 25 Oct 1684)
Executor of will son-in-law Thomas Dudley (husband of dau Catherine, see above)
Executor of will servant Henry Jevon

Edward Bagley as nepoti ex matre

.   It appears that Thomas Dudley, the executor of Elizabeth’s will must have renounced administration (he was buried 9 Jan 1674/75), for on 19 Jun 1635, the court appoints a new adminstrator on her estate. The act book (in Latin) first records Edward as “filius” (son), which word has, however, been crossed through. Above this is written clearly: “nepoti ex matre.” There is no ambiguity in the phrase ex matre which means “through (his) mother.” The word nepoti (the etymon for “nephew”) in Latin denotes a male relative in the second degree of consanguinity. In other words, the English translation would be either nephew or grandson. This is the term used by the Popes for their closest legitimate heirs, which would normally be nephews, but might in some cases be grandsons. For Elizabeth, who had no legitimate offspring in the first degree of consanguinity, the only heirs to qualify at law would be in the second degree. In renouncing execution of the will, it appears that proof of a direct relation to Edward might easily have been provided by Thomas Dudley considering: such a fact might well have been the import of Elizabeth’s writings the contents of which were to be kept from Dud Dudley for fear he might do something drastic. On the other hand, if the court meant “nephew” there would still be no explanation of John Bagley’s enduring preference by the baron Lord Dudley.

Dud Dudley’s Representation of His Family

.   In 1663 the herald made a visitation on Dud Dudley’s estate at which time he presented proofs of the following pedigree:

Notes: The numbers before the names indicate the order of inheritance, the first series for males, the next for females; “ob.” = obiit “he died”; many given names are given standard abbreviations; “co” with a macron denotes comitas for “county”; “Wigorn” is Latin for Worcester; “Coll. to K. C. 1” says he was a supporter of King Charles the first. This was important because his son Charles the second had recently re-established the monarchy; “æt” = ætatis “at the age of” (the number “63” might have been removed being mistaken as dittography); a typo in the original omits the vertical line to Elizabeth and her number one indicating she was the oldest daughter; “q)” is an incunabula indicating a quo “from which (union)”; the words in italics were added by a secretary to the herald; “ye” represents an old writting for “the” (carried over from “þe” in Anglo-Saxon).

Kenneth Harper Finton
Editor and Publisher
THE PLANTAGENET CONNECTION		RootsWeb: GEN-MEDIEVAL-L Tomlinson, Elizabeth PARTS I, II (HT Communications, PO Box 1401, Arvada CO 80001, 2001) [GEN-MEDIEVAL-L Archives 0986346521, 0986346524]
Linda CoateCoate/Dudick “Ancestrees” (Homepage, 2004) [http://www.ancestrees.com/pedigree/3532.htm] beware of the uncritical collection and unsophisticated evaluation; the within transcription of John Bagley’s will is from her scanned image
LDS ChurchAncestral File (Salt Lake City, 1997) [http://www.familysearch.org/] caution, contaminated by automerges of multiple assertions
AnonymousTudor Place (Australia, n. d.) [http://www.tudorplace.com.ar/SUTTON.htm] based on some of the most respected peerage books published in England
Robert Hunt“Dudley, Dud (1599–1684)” in George Smith & Sidney Lee, ed., Dictionary of National Biography (Oxford, 1993) contains biographies to 1900
Sidney Lee“Dudley, John (Sutton) de, Baron Dudley (1401?–1487)” in George Smith & Sidney Lee, ed., Dictionary of National Biography (Oxford, 1993) article includes notes relative to his sons and also his grandson the 5th Baron Dudley
W. Harry Rylands, ed.“Staffordshire Pedigrees” in Publications of The Harleian Society vol. 63, pp. 76f (London, 1912) transcribed from William Dugdale, “Dudley” [MS. Staffs. Ped., p. 24; Visitation 1663-64, p. 114]
Nuala Cockburn[Birth of Catherine (Tomlinson) Dudley, wife of Thomas of Tipton is 1588 in History of Staffordshire, vol. 10, p. 136, but without proof. She has more information on their descendants.]
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