Cornelius Tilbury

17th/18th Century Chirurgeon in Ordinary
to King Charles II, King William III, & Queen Anne

Cornelius (à) TILBOURN(E), also, a TILBORNE, TILBERG, TILBORG, TILBUR, TILBURG, TILBURN ...

Cornelius snr. was probably of German origin - according to most historians, although one believed him to have been Dutch - but may possibly have been born in England. He and his sons Cornelius and John were 'quack' doctors. According to this publication, Cornelius had a sister in London:

"Original and Genuine Letters Sent to the Tatler and Spectator: During the Time Those Works Were Publishing. None of which Have Been Before Printed", vol. 2
by Charles Lillie (Printed by R. Harbin for Charles Lillie, Perfumer, at the Corner of Beaufort Buildings in the Strand), 1725
pgs. 323-4: Letter No. 127, written by "M.N."

... "German and Hungarian doctors (as they have generally been great travellers, and wrought cures in most of the princes' courts in Christendom) seldom fail of something to do also amongst the first rank, especially if they be ready at speaking very bad English; but to have travelled as far as Moscow or Ispahan, to make any cures upon his Czarish majesty, or the great Mogul, seldom fails of carrying it with the whole town. For persons of lower degree, there is great plenty of seventh sons and unborn doctors to be meet with in the outer parts and bye-places of the town, by signs very significant and expressive of their employ: as the blue or golden ball, the shaking man, the brazen serpent, the twins, the hand and urinal, and the like, though these too sometimes get in with very good citizens. And lest the maladies of the female sex should go without relief, there are never wanting either the widows or relations of some great doctors, to whom some extraordinary receipts have descended by inheritance: and one of this kind I have met with more particularly, recommended not only by being sister to Cornelius a TILBURG, but also by being the only true German gentlewoman in London. ..."

The name of Cornelius' first wife, and the number and names of his children by both marriages, are undiscovered as yet (by me). One other of Cornelius' sons is definitely listed in a London burial register, with two other probables (http://www.bmdregisters.co.uk/ - non-parochial bmd):

Anno 1690
d. 30 Dec. Joh. TILBURY, Mr. Cornelius TILBURN, Filius. (RG4/4650)
Anno 1694
d. 28 Dec. Jacob TILBURN, Mr. Cornelius a TILBURN, Son. (RG4/4650)
Anno 1696
d. 24 Jun. Carl TILBURG Son to Mr. Cornelius a TILBURG Physician in Lincolnfields. (RG4/4650)

As published online, the register does not seem to refer to any other member of Cornelius' family.

The two sons mentioned in Cornelius snr.'s Will were:

Cornelius TILB...
+ [?]
    - Cornelius TILBURG (or TILBERG, TILBURY, etc.)
+ Ann(e) [-]
    - John TILBURG (or TILBERG, TILBURY, etc.)

Cornelius jnr. survived his father and brother.


Stuart:   1660-1685 Charles II      1685-1688 James II     1689-1694 William & Mary
Orange:   1694-1702 William III1702-1714 Anne 
Hanover:   1714-1727 George I1727-1760 George II 

The House and Lands in Frinton, Essex

From "Notes and Queries" 1850
by W. J. Thomas, Doran (J.), H. F. Turle, J. Knight, V. H. Rendall, F. Hayllar (G. Bell)
Google Books Online - Stanford University

 
Cornelius a Tilbury

"Where can I find anything about this person? Morant in his History of Essex, i.480, says that at Frinton, an adjoining parish to Walton-on-the-Naze, were

'a pretty little house and gardens belonging once to the famous Cornelius a TILBURY, who in King William's reign eat a great quantity of poison, and yet survived it.'

R.J.K."

From "White’s History, Gazetteer & Directory of Essex, 1848"
transcribed by 'Essex Villages'

"... The old Hall was pulled down about 1720, and its site is now in the sea. The present Hall is occupied by a farmer, and the three other houses are the Parsonage (a small cottage, occupied by a labourer,) the Wick, and the Battery House. In one of them lived the celebrated Cornelius de TULBURY, who among other exploits, swallowed considerable quantities of poison without injury. ..."

From "Excursions in the County of Essex"
by Thomas Kitson CROMWELL, 1818

[Suggests that] "this, or another residence on the spot, belonged to the famous Captain BUSHEL, who was so successful in fishing for wrecks."

Complete text, description of Frinton in 1848
From "Habits and Men: With Remnants of Record Touching the Makers of Both"
by Doran (John), 1855 (Redfield)
Google Books Online - New York Public Library
page 255

"If Essex has been famous for calves, it has also had its share of heroes; heroes (if one may say so) in evil as in good; with its very villages producing them, and that in the humblest localities. If Frinton rejoices because of Cornelius and TILBURY, the poison swallowers, Sible Hedingham is glad because of John HAWKWOOD, the tailor and soldier."


From "Middlesex: Rolls, Books and Certificates, Indictments, Recognizances, Coroners' Inquisitions-Post-Mortem, Orders, Memoranda and Certificates" 1667-1688, vol. 4
& "Gaol Delivery Books Temp. Charles II."

 
2 February, 2 James II. [1686]

True Bill that, at St. Clement's Danes' co. Midd. on the said day and on divers days and occasions before and afterwards, Cornelius TILBORNE and Peter DOLEMAN, both being late of the said parish yeomen and seventeen years and more of age, were common players of interludes and minstrells, wandering abroad and playing of Interludes and on musick (interlusus agentes tubis citharis que canentes anglice), and that in so doing the said Cornelius TILBORNE and Peter DOLEMAN were common vagabonds.

On 4 April 1687 the said Cornelius and Peter pleaded 'Not Guilty,' and on 10 May 1687, a jury declared them 'Not Guilty.'
S.P.R., 21 February, 3 James II.

(Age 17 in 1686 = b. c.1669. This would seem to refer to Cornelius jnr., since in 1668/9 Cornelius snr. was already a practising 'physician'. If it was Cornelius jnr., then from the dates of his Will - signature 1749, probate 1753 - he could have been 79-84 years old at death.)


The Wills - contributed by MichaelH

From "A Practical Treatise of Assets, Debts and Incumbrances" by James Ram
SECTION III - OF A FEE ON A FEE
"It is not legal to devise a fee on a fee; as to A., and his heirs, and on the determination of that estate, to B. and his heirs. In TILBURY v. BARBUT (3 Atk. 617 1), a person devised to his wife for life, and after her death, to his son John and his heirs for ever; and in case of the death of John without any heir, then his real and personal estate, devised to his son John, to go and be enjoyed by his son Cornelius."

Cornelius senior

Will of Cornelius TILBURG, Physician of St. Giles in the Fields, Middlesex, proved 19 June 1725 (ref. PCC.PROB.11/604): [SUMMARY]

Son Cornelius TILBURG:
- Ten pounds for mourning and my great silver Tankard, "he being already advanced by me in the Profession".

Loving wife Anne TILBURG:
- "... shall have and enjoy the use and Wearing of all and singular my Household goods plate Jewels Linen Woolen Brass Pewter and other utensils of household whatsoever (except what I have otherwise by this my Will devised) for the Term of her natural life" ....
- If his wife remarries, she will receive only one third of the household goods etc, the remainder going to son John, and if he dies without heirs, to Cornelius.

Son John TILBURG:
- "... and from and after the decease of my said Wife I give and devise and bequeath all my said Reall and personal Estate whatsoever and wheresoever ____pt as aforesaid unto my Son John Tilburg and his heirs for ever. And in case of the Death of my said Son John Tilburg without any heir my said real and personal Estate devised to my Son John Tilburg shall go and be enjoyed by my above mentioned Son Cornelius Tilburg."

Elder son Cornelius junior

Will of Cornelius TILBERG or TILBURG of St. James Westminster, Middlesex, Will dated 8th July 1749, proved 17 December 1753 (ref. PCC.PROB.11/805): [SUMMARY]

“I Cornelius TILBURG otherwise TILBERG of the parish of St. James in the Liberty of Westminster in the county of Middlesex ...
... my worthy friend John AUSTIN, Cupper and Opperator for Tooth and with whom I now live at his house in King Street in the parish of St James aforesaid”: the whole estate, including “all that my Farm and Messuage with the Land and Premises thereto belonging situate at H[Fr]inton in the county of Essex and was the estate of my late father Cornelius TILBURG”.

Younger son John

Will of John TILBURG, Physician of Saint Giles in the Fields, Middlesex, proved 26 August 1746 (ref. PCC.PROB.11/749): [TEXT]

"In the name of God Amen I John TILBURG of the Parish of Saint Giles in the Fields in the County of Middlesex Physician being of sound and disposing Mind and Memory thanks to Almighty God do make and ordain this to be my true and last Will and Testament in manner and form following (that is to say) First and Principally I commend my Soul into the Hands of Almighty God my Creator and of Jesus Christ my only Lord and Saviour by whose Mercy and Merits I believe and do assuredly hope to obtain free Pardon and Remission of all my sins and offences and to Inherit Eternal Life my body I commit to the Earth to be decently buried in the manner often mentioned to my Executor hereinafter named and in respect to my Worldly Estate I order and dispose thereof as followeth (that is to say) Imprimis I give and bequeath unto my Brother Cornelius TILBURG Esquire (notwithstanding his Slighting behaviour to me and disinclination to serve me many ways in his Power to do it without hurt but with good to himself) all my Lands Tenements and Hereditaments at Frinton in Essex (that is to say) to receive the Rents of the same for his natural Life I being impowered by my Fathers Will to do or bequeath them as well as everything else I enjoy according to my Will do further devise will and ordain my good Friend John BARBUT Esquire Clerk of the Venison Warrants to his Majesty King George the Second to be my sole Executor He having not only at this time but many times heretofore assisted me not only with his Councell in many Streights but with his Interest and Money as I've wanted such aid and assistance and do really believe and am assured is deserving of my Friendship I therefore again say I devise will and bequeath unto my said Worthy Friend being a Man of the strictest Honour and Generosity therefore Worthy of my small proffer of Friendship John BARBUT Esquire I mean before mentioned to him in the strongest manner I leave all and singular my Household Goods Plate Jewels Linnen Woollen Brass Pewter and other utensils of Household whatsoever to him John BARBUT and his Heirs for ever and I further will devise and bequeath to my said Friend John BARBUT at or after the death of my Brother Cornelius TILBURG all my Lands Tenements Hereditaments at Frinton with the Rents of the same to him and his Heirs for ever But immediately at and after my death I will and bequeath to him my good friend John BARBUT my Houses in Lincolns Inn Fields with all my Real and Personal Estate whatsoever and wheresoever to him and his Heirs for ever except as before excepted my Farm with all its appertenances at Frinton to my Brother Cornelius TILBURG Esquire for his natural Life and after my said Brothers death to my worthy Friend John BARBUT my full and sole Executor and do hereby renounce revoke and make void all former and other Wills by me made declaring this to be my true and last Will and Testament In Witness whereof I have hereunto set my Hand and seal this Twenty fifth day of june in he year of our Lord one thousand seven hundred and thirty four and in the seventh year of Our Sovereign Lord King George the Second over Great Britain France and Ireland /-/ John TILBURG /-/ Signed Sealed and Delivered in the presence of us who have hereunto Subscribed our Names
Memdm. the words with the Rents and Life interlined first Witness William Pearse - Witness B. Swartz - William Barus ./.

This Will was proved at London before the Worshipful Robert Chapman Doctor of Laws Surrogate of the Right Worshipful John Bettesworth also Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted on the Twenty sixth day of August in the Year of our Lord One thousand seven hundred and forty six by the oath of John David BARBUT otherwise John BARBUT Esquire the Executor in the said Will named to whom administration was granted of all and singular the Goods Chattels and Credits of the deceased being first sworn duly to administer"


The Dispute

From "Reports of Cases Argued and Determined in the High Court of Chancery:
In the Time of Lord Chancellor Hardwicke"
by John Tracy Atkyns, Great Britain Court of Chancery, William Newnam, Philip Yorke Hardwicke
1782 (printed for J. Wenman)
Google Books Online - Oxford University

 
TILBURY versus BARBUT, March 2, 1747

"A Bill was brought against the defendant to deliver up all the deeds, &c. of the estate mentioned in the pleadings of the cause.

Case 237.
T. devises all his real and personal estate to his wife for life, and after her death to his son John, and his heirs for ever, and in case of the death of John without any heir, then to the plaintiff: John levied no fine, nor suffered any recovery, but by will devised the whole to the defendant. This is a fee mounted on a fee, and a void devise to the plaintiff in law, and equally so in equity. Vez.89 pl.53.

The question depends upon the will of the late Doctor TILBURY, who thereby devised all his real and personal estate to his wife Ann TILBURY for life, and, after her death to his son John, a younger brother of the plaintiff's by another venter, and his heirs for ever, and in case of the death of John TILBURY, without any heir, then his real and personal estate devised to his son John, shall go and be enjoyed by his son Cornelius the plaintiff.

Ann TILBURY died in 1725; John TILBURY the son levied no fine, nor suffered any recovery, but made his will, and devised it to the defendant.

The question is, whether John TILBURY took an estate in fee, or in tail, under the testator's will, or whether the plaintiff takes any more than an estate for life.

Lord Chancellor,

In all devises of this kind, where there is a fee mounted upon a fee, I dare say the testators mean heirs of the body, but unless there are words to restrain it to an estate tail, I am bound to construe it a fee in the first taker, and consequently, as the testator had devised the whole to John TILBURY, the second devise is void in law.
I cannot go on a presumption the testator did not know the law; if testators do not use proper words the court will supply it, where the intention of the testator is consistent with the rules of law, but where there is a fee mounted on a fee, it is a void devise to the plaintiff in law; and as this is a legal estate, I must construe it the same in equity."

Commentary by MichaelH

Firstly, if Cornelius jnr. lost the Chancery case, how was he able to mention his father's estates in his Will? - we can now see that John left him the Frinton lands anyway (I had previously read Hinton from Cornelius jnr.'s Will, presumably my error as Frinton is quite clear in John's Will.)

Secondly, who was BARBUT? John makes it clear that he is a friend, he makes no mention of him being a relation in any way. John leaves all his other property, real and personal, to BARBUT, presumably it is all or part of this remainder that Cornelius was asking the court to take from BARBUT and award to him.

But it also raises a few questions. John gives the Frinton estate to Cornelius for life, then on his death to BARBUT. Cornelius jnr. ignores this and leaves the estate to AUSTIN. This seems at first sight similar to the previous situation, in which Cornelius snr. awards all his possessions first to John, and then to Cornelius if John dies without heirs, but John (sucessfully) leaves part of the inheritance to BARBUT. However, the wording is different, which may be important. So who got the Frinton farm after Cornelius jnr. died - AUSTIN or BARBUT? It may not be possible to find out. There are several BARBUT Wills at PRO and over 100 AUSTIN or AUSTEN Wills but none that look likely for our BARBUT or AUSTIN. I cannot find any other likely court cases involving BARBUT or AUSTIN.

My impression is that John and Cornelius had had disagreements over the Will long before John's death, and were aware that there was a legal ambiguity in it. Why else would anyone, when giving away property in their Will, declare that they have a right to do so? Perhaps it was understandable that Cornelius may have felt aggrieved at having been left only £10 and a silver tankard in his father's Will. John's devise of the farm to Cornelius for his life only, and his attempt to control who it went to after Cornelius's death, seems mischievous.

John BARBUT is described as Clerk of the Venison Warrants to His Majesty King George the Second. I have found only one reference to the "Clerk of the Venison Warrants" on Google (link below), which is an article published in 1818 about the county of Northamptonshire. It says, in describing the Forest of Salcey:

"The number of deer kept in this forest, is about one thousand, of all sorts; and the number killed annually, is about twenty-eight brace of bucks, and twenty-four of does; of which four bucks, and four does, are supplied for the use of his Majesty’s household, in pursua of warrants, from the Board of Green Cloth; and six bucks and six does, (more or less, as the forest is able to supply,) are killed under warrants from the Cofferer’s Office, or Clerk of the Venison warrants, for the use of the public offices, and for persons accustomed to have venison from the royal forests. Besides these, the Verderers of the forest, the Chief Justice of Eyre, and his Secretary, and the Surveyor General of the woods, have each a fee buck, and doe, yearly; the Deputy Warden, six bucks and does; and each of the three Yeomen. Keepers, one brace of bucks, and one of does. The residue are disposed of by the Warden."

As far as I can understand, a venison warrant is a licence to hunt or kill deer in a Royal Forest.

http://northamptoncastle.homeip.net/northampton/books/beauties/beauties.htm
WHO WAS BARBUT? THE PROPERTY IN FRINTON, ESSEX

The book "Thurlston Tales" refers to a 'Mr. Tilbury' with a house in Lincoln's Inn Fields, and who had left a junior member of his family to take care of the business. No period for the life of 'Mr. Tilbury' is given, but his family was described as coming from the Essex marsh, which place they left when he was a child. Might this character have been drawn from Cornelius the quack? (I hope to put quotations online soon.)

(Caroline, September 2006 - August 2008; MichaelH. 2008 - 2009)


 
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