Difference between revisions of "MRP: C 9/40/48 f. 2"

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C 9/40/48 f. 2

Editorial history

19/10/11, CSG: Created page

Abstract & context

C 9/40/48 f. 2 is a Bill of Complaint brought in Chancery by Sir George Oxenden against his nephew Maximilian Dallison regarding lands in Chatham & Gillingham. Maximillian's answers to the Bill of Complaint are contained in C 9/40/48 f. 5

Suggested links

See C 9/40/48 f. 1
See C 9/40/48 f. 3
See C 9/40/48 f. 4
See C 9/40/48 f. 5

To do

Transcription

//To the right hon:rble S:r Orlando Bridgeman Kn:t Baron:t Lord Keeper//

//of the greate Seale of England//

//Humbly complayneing showeth unto yo:r Lordship yo:r dayly orato:r S:r George Oxenden late of London now residing att Surat in East India kn:t That whereas Elizabeth Dalyson late of London Widdow deceased Sister of yo:r Orato:r and//

//Maximilian Dallison of West Peckham in the County of Kent Esq:r onely Sonn of the said Elizabeth by William Dallison her husband sometime since deceased or one of them haveing//

//occassion for mony to discharge certaine debts contracted by greate Suite of Law for recovery of the estate of the said Maximilian w:ch was sold mortgaged or otherwise disposed of by the said//

//William the father or for other purposes did on or ab:t the Month of ffebruary in the yeare of o:r Lord God one Thousand six hundred and fifty fowre treate treate w:th yo:r Orato:r ab:t yo:r Orato:r layeinge downe the Summe of//

//fowerteene hundred pounds of good and lawfull mony of England for ye purchase of the reversion in fee expectant upon ye death of Thomas Stanly (sic) farmes of the title of ye said Maximilian of certaine Messuages Lands and Tenem:ts of the said Maximilian Dallison//

//lyeing in Chatham & Gillingham or one of them in the County of Kent to be settled to & on ye Orato:r his heires and Assignes, whereupon yo:r Orato:r being willing to gratifie the said desires//

//of the said Elizabeth Dallison and Maximilian Dallison or one of them was content to lay downe the money soe as the said Messuage Lands and Tenem:ts of the said Maximilian Dallyson//

//and did accordingly pay to the said Elizabeth Dallison & Maximilian her Sonn or one of them the full Summe of fowerteene hundred pounds of lawfull mony or England And the//

//said Maximilian Dallyson (sic) upon the paym:t thereof did in or ab:t the said Month of ffebruary in the//

//yeare of o:r Lord one Thousand six hundred and fufty fowre In Consideracion of tenn shillings Seale & execute a deed of Lease for halfe or a whole yeare of certaine Messuages//

//Gardens Lands & Tenem:ts of the said Maximilian in Chatham & Gillingham aforesaid or one of them to yo:r orato:r and also on or ab:t the same time In Consideraccon of the said fowreteen//

//hundred pounds payd as aforesaid did lease and execute a deed of Release of the said Messuage Landes & Tenem:ts to yo:r Orato:r his heires and Assignes w:th usuall & reasonable//

//Coven:ts that the farms were free from incumberances (the estate for life of the said Thomas Stanly who was then above seaventy yeares old excepted)//

//And for further assurance as by the said//

//Severall deeds of Lease and Release if yo:r Orato:r had the same to produce would more att Large appeare and yo:r Orato:r further showeth unto ye Lordship that ye Orato:r//

//had the said Deeds of Lease & Release in his possession and Custody severall yeares and in or ab:t the yeare of o:r Lord God one thousand six hundred & sixty two yo:r//

//orato:r being then chosen President for India by the East India Company in London & being in p’paration for the voyage thither did deliver the said deeds of Lease and//

Release w.th severall other writeings of yo:r Orato:rs to the said Elizabeth Dallison yo:r Orato:rs sister to keepe safely and securely for yo:r//

//Orato:r and his use. And yo:r Orato:r further showeth that he is informed that sometime after yo:r Orato:rs departure into India (where he now is & shall some time continue) and in Some time of the said Elizabeth//

//Dallysons sickness, att the house of the said Maximilian Dallyson in West Peckham aforesaid in Kent. The said Maximilian Dallyson by some practise or ?ruesing did obtaine out//

//of the possession of the said Elizabeth Dallison (then in weak Condicion of body) the said deeds of Lease and Release or one of them XXXX ?other deed or deeds or writeings XXXXXXXw:thout & contrary to yo:r Orato:rs order//

//or appoinm:t ?either or hath y:e same or hath burnt or ?molested or otherwise defaced the same (or delivered the same to some psons pson unknowne to yo:r orator by w.ch undue meanes o:r Orato:r was & is left wholy remediles (sic) att Law for the said Lands and premisses when the lawe shall fall to time in possession by the death of the//

//sd. Thomas Stanly who is now above eighty yeares old And yo:r Orato:r further show:th that the said Elizabeth Dallison afterwards missing said Deeds of Lease & Release or one of them and apprehending the uncertanie condiccon//

//of yo:r orrator as to ?his haveing or enjoying ye sd Landes & premisses for w:ch he had payd said fowreteene hundred pounds & being very sensible of the uniust dealeing of her said Sonn in and by her last Will and//

//Testam:t made in or ab:t the Month of March in the yeare of o:r Lord God one Thousand six hundred & sixty five conceiving she had power to dispose of certain Messuages//

//Lands & Tenem:ts in Halling & Snodland in Kent w:ch the said Elizabeth or some other person in trust for her held by Lease for lives of the Bishop of Rochester did//

//charge the said Messuages Lands & Tenem:ts in Halling & Snodland aforesaid w:th the paym:t of the said fowreteene hundred pounds unto yo:r Orato:r then expressing in words//

//that it was now all one since her Sonn had gotten those writeings, That the lands of Halling & Snodland w:ch she intended to have given her Sonn) should pay the//

//said Summe of fowreteene hundred pounds w:th interest (or such words to some such effect or purpose) as yo:r Orato:r doubteth not but to prove w:ch said Elizabeth Dallison ?saving after the ?makeing//

//the said Will died. And yo:r Orato:r further showeth that the said Elizabeth Dallison did receive severall goods & Comodities being sent from yo:r Orato:r in India as severall//

//peeces of China Calico Cloath Carpetts & other Linnen silke goods to a great quantity & value and that the said Elizabeth in her life time did bring or send all or severall of the//

//such goods to the said Maximilian Dallyson his house in West Peckham aforesaid to be there safely kept by the said Maximilian for yo:r Orato:r, the said Elizabeth haveing then//

//noe house of her owne but lived in Lodgings in London And yo.r Orato:r expected that the said Maximilian Dallison should//

//deliver the said Deeds of Lease & Release or one of them and the said othe deeds or writeings of yo:r Orato:rs XXXX to the//

//Messuages Lands & Tenem:ts att Halling & Snodland aforesaid to be inioyed by yo:r Orato:r and his heires//

//and also should give to yo:r Orato:r all such goods calico China Carpets silks & other ’Linnen & goods of yo.r Orato:r w:ch the said Elizabeth had brought or sent to the said Maximilian//

//aforesaid But now soe it is my it please yo:r Lordship that the said Maximilian Dallison refuseth//
//to so deliver off the said Deed of Lease & ?its Release or any of them  ??or other deeds xxxxxxxxxx or to p:mitt the said Messuages//

//XXX Tenem:ts at Halling and Snodland aforesaid to be enioyed by yo:r orator & his heires ? xxxxxxxxxxxxxxxx given out in SpXXX hee ?then XXX//

//falsely that yo:r orator never payed the said Summe of fowerteene hundred pounds or any parte thereof to the said Elizabeth Dalison & himselfe or either of them//

//or if yo:r Orato:r did that he the said Maximilian never sealed and executed any such Deeds or Lease and Release as is herein before settforth or if he did execute them that he hath ?never ?had XXX//

//of them nor ?any other writeing of yo:r orator in his Custody and never had ?known or tooke them away from the said Elizabeth Dallison, but that the same were cancelled (??concealed) by yo:r orato:rs direccon and sometimes afXXXXX //

//the Contrary be true) that the said Elizabeth Dallison had noe power or Title to dispose of the said Messuages Landes and Tenem:ts att Halling and Snodland aforesaid, And that//

//the said Maximilian hath good right and Title to the same, and confederating w:th S:r Henry Oxinden of Wingham in Kent Kn:t whome the said Elizabeth//

//Dallison in her last Will and Testam:t did appoint to renew the said Lease of the said Bishopps place and Lands in Halling and Snodland in his owne name and the old and new Lease to//

//be in trust for yo:r orato:r till the said fowerteene hundred pounds was payd unto yo:r orato:r, the said Maximilian Dallison or anie other person or ?persons by his appointm:t being now by Conveyance ?or//

//title under the said S:r Henry Oxinden or some other meanes or other unknowne unto yo:r orato:r in possession thereof, he retaines all the profitts thereof to himselfe and refuseth to pXXXX//

//to yo:r Orato:r any monies though there is soo much due unto him as aforesaid. And the said Maximilian doth also denye that he hath any Silkes Linen China Carpetts Calico or any other//

//goods whatsoever in his power or possession of yo:r orato:r sometimes p:rtending that the said Elizabeth Dallison never brought or sent any unto his house or possession other XXXX that//

//she did bring some but gave them not unto him, Whereas the said Elizabeth Dallison did not give the said Maximilian any of the said Silks China Carpets Calico or other goods also or if she did they//

//were not the said Elizabeths to give, but yo.r orato:r who sent them from India to the said Elizabeth to keepe and p:rserve for yo:r orators use & benefitt All w:ch//

//actings and doeings tend to yo:r orato:rs great p:ridice and dammage and are contrary to right equity and good Consciance In tender consideracon whereof and for that yo:r orators//

//remedies by the rules of the Common Law to discover and have the said deed or deeds and ?writeings or any of them and goods (he not knowing certainely the true dates of the said deeds or the quantity and quality of the//

//said goods) but onely by the ffavo:r of this hon:ble Co:rt where the he doubts not but by the  ?Oathe of the said Maximilian y:e said S:r Maximilian and such other XXXXstaures as he shall make//

//appeare to discover the truth of the said premisses to the end therefore that the said Maximilian Dallison//

//answers make to all and singler the premisses and that the said S:r Henry Oxinden may sett forth whether any & what Conveyance and when he hath made of the said Lands & Tenem:ts att//

//Halling and Snodland to the said Maximilian or to any other ?lease to his use or in Trust for him and to whom and to whom, and for what Consideraccons, and on what Condiccons and wherefore he did make any//

//conveyance thereof w:thout yo:r orato:rs consent yo.r orato:r being soe much ?concerned in the same as aforesaid. And that yo:r Orato:rs maybe releived in all and and singler the ?premisse May it please//

//yo:r Lordship in tender Consideraccon of the promisses to grant unto y:or orato:r process of Subpoena to be directed to the said Maximilian Dallison and S:r Henry Oxinden ?strongely//

//chargeing and commanding them and either of them by the same att a certain day and under a certain paine therein to be limitted and contained personally to be appeare//

//before yo:r Lordship in the Kings high Court of Chancery then and there to answer the ?premisses and to stand and abide such further Order and decree therein as to yo:r//

//Lordship shall seeme agreeable to equity and good Conscience And yo:r Orato:r shall pray xr//

Tho: Raymond

Notes

The lawyer, Thomas Raymond, who signed this legal document, was possibly Thomas Raymond of Gray's Inn (b.1626/7, 1683). Son of Robert Raymond of XXX, he was schooled at Bishop's Stortford, Hertfordshire, and admitted to Christ's Church, Cambridge in 1643. Admitted to Gray's Inn in 1645, and called to the bar in 1651, he was appointed a serjeant-at-law in 1677, prior to appointment as a baron of the Exchequer in 1679, when he was also knighted. Made a Justice of the Common Pleas in early 1680 moved to the court of King's Bench two months later.^[1]

See also Wikipedia article on Sir Thomas Raymond

Possible primary sources

1. ↑ Stuart Handley, 'Sir Thomas Raymond' in Oxford Dictionary of National Biography (Oxford, 2004)