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Sir Maximilian Dallison will

PROB 11/160 St. John 69-138 Will of Sir Maximilian Dallison of Halling, Kent 28 November 1631

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IN THE NAME OF GOD AMEN THE Thirtieth day of November One thousand sixe hundred and thirtie I SR MAXIMILIAN DALISON OF HAWLING in the Countie of Kent KNIGHT beinge of perfect health and memory thankes be given to God and calling to minde the incertainty of mans life in this world and desicons to settle my estate Soe that if it shall please God to visite mee with sicknes before my death I may not if it shall soe please his heavenly maiesty be troubled with matters of this world but to applye my minde and meditaccon uppon better things I doe therefore this Thirtieth day of November One thousand six hundred thirtie make and declare this my last will and testament in manner following

FFIRST I commend my Soule into the hands of God my maker and Redeemer not relyinge one my owne workes but assuredly trusting and beleeving by and through the meritts and passion of Jesus Christ to be ptaker of the ioyes and the eternall happiness of heaven And my body I desire may be buried in the parish church of St James Clerkenwell as neare the place where William Dallison Esquire my ffather and Dame Paulina Dalison my first wife were buried as mybe wch was under or by the Communion table there

ITEM I will that my Executo:rs doe pay all my debts, legacies and funerall expences

ITEM I doe give to my daughter Penelope nyne hundred pounds to be paid her by my Executo:rs within six months after my death And I give Seaven hundred pouns to my daughter Theodora To be imployed for ?hr benefitt either in purchasing of lands or leases or otherwise according to the discrecon of my Execut:rs Ans my said Execut:rs to be accomptable to her for the same at her age of Eighteene yeares

ITEM I doe give to my sonne Phillip Dallyson three hundred pounds To be imployed for his benefitt either in purchasing of lands or leases or otherwise accordinge to the discrecon of my Executo:rs And my said Executo:rs to be accomptable to him for the same at his age of one and twentie yeares

ITEM I doe give more unto my sonne Phillip the lease of two tenements in Rochester which was assigned unto mee by John Haggatt, The profitts thereof to be taken by my Executo:rs untill my said sonne shall come to the age of twenty yeares And then my said Executo:rs to accompt to him for the same

ITEM I doe give to my sonne Arthur Dallison Three hundred pounds To be imployed for his benefitt either in purchase of lands or leases or otherwise according to the discrecon of my Executo:rs And my said Executo:rs to bee

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accomptable to him for the same at his age of one and twentie yeares

ITEM I doe give to my sonne John Dalison three hundred pounds To be imployed for his benefitt either in purchasinge of lands or leases or otherwise according to the discrecon of my Executo:rs And my said Executo:rs to be accomptable to him for the same at his age of one and twentie yeares

ITEM I give to my sonne Spencer Dallyson three hundred pounds to be imployed for his benefitt either in purchasinge of lands or leases or otherwise according to the discrecon of my Executo:rs And my said Executo:rs to be accomptable to him for the same at his age of one and twenty yeares And if either of my daughters dy before the tyme of payment of the foresaid legacie given to her My other daughter and my younger sonnes shall have the said legacie equally devided amongst them And if any of my younger sonnes dy before the tyme of payment of theire respective legacies Then I will that his and theire legacies which shall soe dy shalbe equallie devided and paid to the residue of my younger sonnes then liveing And if all my younger sonnes dy before theire respective tymes of payment of theire said legacies Then the same shall goe to my sonne Williams children (if hee have and, And if he have none, then to my daughters

ITEM I doe give to Dame Marie my wife all wearing apparrell, ringes and Jewells, my Coach and Coachhorses, and one hundred pounds in mony To be paid her within sixe months after my death And I doe will and appoint That my said wife shall duringe solonge tyme as she shall live unmarried and noe longer have the wearing occupacon and use of my lesser bason and Ewre one tankard, one colledg pott, and two beere, two Saucers and sixe Spoones, And also sixe of my silver dishes such as my Executo:rs shall appoint all of silver And all my furniture householdstuffe and implements of household at my house in St John Streete with the use and occupacon of the said house payinge the rent thereof to the lessor And after her death or marriage which shall first happen, my said plate goods, householdstuffe and lease shall goe presently to my Executo:rs And they to sell the same and the money thereby raised to be imployed for the benefitt of my younger sonnes, To be imployed at the discrecon of my Executo:rs And the same shalbe payd by equall porcons to my fower younger sonnes at theire respective ages aforesaid And if either of them die before the other to have his or theire partes so dying And I doe will that my wife within sixe monthes after my death put in securitie by bond of five hundred pounds to my Executo:rs for the leaving & delivereinge of the said plate, goods and householdstuffe and lease to them at her death or marriage wch shall first happen

ITEM I doe desire and wish that my Executo:rs so soone as conveniently they may after my death doe and shall sell all the residue of my silver vessells and plate for the best benefitt they can towards the performance of this my will

ITEM I doe give to my sonne William all such householdstuffe as shalbe in my house at Hawling at the tyme of my death (the best bedd and furniture thereunto belonginge only excepted) At the eleccon of my said wife wch I give unto her

ITEM I doe desire and appoint that my daughters Penelope and Theodora if it shalbe convenient shalbe brought upp by my wife untill the severall and respective tymes of payment of theire severall portions as aforesaid, my said wife haveing allowance from my said Executo:rs for theire dyett And I do desire that my Executo:rs from tyme to tyme will doe mee the favo:r to have a care to the bringing upp and educatinge of my sonnes and daughters untill the severall and respective tymes of payment of theire severall porconns as aforesaid, and pay for either of theire respective educaconns out of the profitts to be respectively raised out of his or her porconns given them by mee, And I doe leave it to the discrecconn of my Executo:rs to educate my three younger sonnes in what course shall seeme, to them convenient And I doe appoint my said Executo:rs to be the Guardians of my said younger Sonnes and to have the tuitonn and government of them and theire estates as well touchinge theire severallporconns in money hereby bequeathed ?paid for the profitts of such lands as I have conveighed to them And that in case any of my said younger sonnes shall prove refractory and shall not be advised and governed by my said Executo:rs Then I will that his legacie shalbe voyd, and the same to be devided amongst my other younger sonnes then livinge

ITEM whereas John Dulinge & John ?Roadestand bound to mee in one hundred and twentie pounds by obligaconn dated the Eight day of december in the fourth year of his Maties raigne for payment of threescore and tenne pounds upon the feast of the Nativity of our Daviour Christ wch shalbe in the yeare, One

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Thousand sixe hundred thirtie and three I doe acknowledg that bond was taken in my name in trust for William Gibson an Infant And doe desire my Executo:rs the said trust may be oerformed And my will & minde is that after all my debts legacies and funerall expences discharged and this my will performed That all the overplus of my whole estate shalbe paid by my said Executo:rs unto my said three younger sonnes equallie to be devided amongst them And if any of them dy, to the survivo.rs of thems

ITEM I doe make and ordaine my very loving friend S:r Edward Hales Knight and Barronett and my very lovinge brother S:r Multon Lambard Knight Executo:rs of this my last will and Testament Earnestly intreating them to take the charge and care thereof upon them And I doe give unto either of them Twentie pounds apeece And doe make Overseers of this my last will and Testament my very loving friends Ralphe Whitfeild Esquire and my very lovinge kinsman Charles Dallison Esquire and one Thomas Clottery of the Inner Temple Gent, and give to either of them three tenne pounds apeece And for avoydinge of questions & suites in lawe I doe will and appoint That if any question shall arise about this my will or any legacie herein givenor any thinge else herein or concerninge the same That the same shalbe ordered and decided by my Executo:rs and Overseers or the greater part of them or the survivo:r of survivo.rs of them And such order rule and disposion shall binde all others whom the same shall concerne as effectually and fully to all intents and purposes as if the same were sett downe and expressed in this my last will & testament

MAXIMILIAN DALISION

THIS IS THE LAST WILL & TESTAMENT of mee the said S:r Maximilian Dalyson touchinge the disposinge of all my houses lands Tenements rents and hereditaments made and declared the day and yeare first abovewritten in manner and forme following And whereas I have heretofore upon very good and great deliberacon and advisement by fower severall conveyances bearing date the second day of May one thousand sixe hundred twenty and seaven in the third yeareof his Maties Raigne that now is And by fower other conveyances bearinge date teh Eighteenth day of January last past, conveyed, assured and estated all my houses lands tenements and hereditaments wherein I had any estate of inheritance I doe now hereby ratifie and confirme the said conveyances and assurances And doe hartely desire will and appoint the said howses, lands and premisses shall goe and be held and enioyed accordinge to the said severall conveyances and assurances thereof by mee made And whereas by some of my said conveyances and assurances, part of the said lands, tenements and hereditaments are settled for the benefitt and advancement of my said sonnes Phillipp, Arthur, John, & Spencer Dalyson, And my daughters Penelope and Theodora Soe that some of those lands and premisses so conveyed and assured are by the limitaconns in the same conveyances after my death And other after mine and my wives deaths to come to the possessions of my said sonnes Phillip Arthur John and Spencer Dalyson and my daughters Penelope and Theodora, who by reason of theire minorities in case it shall fall on them before theire full ages wilbe unfitt to governe the same or dispose of the profitts thereof And therefore accordinge to my intenconns at the tyme of the makeing of the severall conveyances I doe now will and appoint That my said Executo:rs shall during the respective minorities of my said sonnes Phillip, Arthur John and Spencer and daughters Penelope and Theodora receive the rents issues and profitts of all the said lands & premisses soe assured to the said Phillip, Arthur, John, and Spencer Dalyson and Penelope and Theodora Dallyson and imploy the same towards theire educaconns and to the best reasonable proffitt and benefitt they can And at the severall and respective ages of my sonnes Phillip Arthur John and Spencer, and my daughters Penelope and Theodora accompt respectively to every of my said sonnes Phillip, Arthur, John, and Spencer and my daughters Penelope and Theodora for the rents issues and profitt of such part thereof as shall bot be disbursed for theire educaconns And upon such respective accompts pay such rents issues and profitts with the reasonable benefitt and profitt thereof To my said sonnes Phillip Arthur John & Spencer Dalison and my daughters Penelope and Theodora respectively Soe as every of them shall

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have the rents iisues and profitts of the lands Tenements and premisses soe assured to him respectively and also the reasonable profitt and benefitt made thereof not imployed towards theire respective educaonns And whereas upon my marriage with my now wife by Indenture bearing date the three and Twentieth day of July in the sixt yeare of his latt maties Raigne thereby reciting that I stood possessed of a lease for divers yeares then to come of or in the house or place of the Bishop of Rochester in Hawlinge in the County of Kent of kent called the Bishopps place, And of and in divers other lands and Tenements in the said parish of Hawlinge and Snodland in the said County of Kent demised together with the said house or place I the said Sir Maximilian by the said Indenture for mee my heires Executo:rs administrato:rs and assignes & every of them did covenant promise and grannt To and with S:r William Spencer Knight & Thom:s Spencer Esquire deceased theire and either of theire heires, executo.rs, administrato:rs and assignes and every of them That I the said S:r Maximilian Dalison should and would either by some act in my life tyme or by my last will and testament in writing or otherwise soe dispose of the interest of the said lease as that after the death of mee the said S:r Maximilian , the heires males of my body begotten of the said Mary, my now wife should or might from and imediately after the decease of mee the said Maximilian peaceably and quietly have, hold, and enioy the said house or place in hawling aforesaid and all other the lands and Tenements therewithall demised as aforesaid with theire and every of theire appurteances during all the terme, that at the tyme of the decease of mee the said Sir Maximilian should be to come of the said terme then in beinge or of such other terme or termes as I the said S:r Maximilian upon the surrender of the terme then in beinge should then after ?name (except onely such ans so much as the said mary my wife according to the true interest and meaninge of the said Indenture wasto have and enioye accoringe to the intent of the said Indenture was to to have and enioy acording to the intent of the said Indenture (as thereby appeareth, That is to say And I the said S:r Maximilian Dalison did for mee my heires executo:rs and Administrato:rs Covennt and grannt to and with the said S:r William Spencer, and Thomas Spencer theire and either of theire heires Executo.rs, administrato:rs and assignes and every of them That after the death of mee the said Sir Maximilian the said Mary my wife during all the tenure of her naturall life should and might lawfullie and peaceably have hold and enioy the said house or place called the Bishopps place with all houses buildings, dovehouses, yards, orchards, gardens and out houses thereunto belonginge or therewith then used or enioyed And all the fresh Marsh & meadow thereunto belonginge or there?upon occupied or enioyed then in the occupaconn of mee the said S:r Maximilian conteyning by estimacon Thirtie acres of fresh marshes, lying in severall peeces, and tenn acres of meadow lying in two severall peeces, paying for the same the yearely rent of twenty five pounds of lawfull money of England To the said heires males of the body of mee the said S:r Maximilian, (if they then should be of full age) (if not) then to the executo:rs of mee the said S:r Maximilian, during the minority of the said heires males and by the said Indenture doth and may appeare. I the said S:r Maximilian doe conceive that the same parts of the said lease lands convennanted to goe ro my wife wilbe of soe ?finall a value to my said wife, she not desireing to dwell at Hawlinge, That she will not desire to have the same, and I desire therefore that she will not take the same, But if she shall desire to have the same, Then I doe will and appoint, That she shall have the same according to my said Covenant paying such rent as is thereby menconned to be paid for the same And although the same Covenant were my voluntary act, and therefore in equity ought not to binde mee, And although I doe not charge my sonne William with payment of my legacies or porconns to my younger Children yet I am willing the same lease shall goe to the heires males of my body IN WITNES WHEREOF I the said S:r Maximilian Dallison have to every sheete of this my last will and Testament conteyninge seaven sheets sett to my hand, and also have hereunto fixed my seale the day and yeare abovewritten

MAXIMILIAN DALYSON

Sealed published and declared by the said S:r Maximilian Dalyson as his last will and Testament in the presence of us the said Thirtieth day of November One thousand six hundred Thirtie

RALPHE WHITFEILD CLEMENT SPELMAN WILLIAM BYERLY CHARLES DALISON ALEXANDER MORE EDWARD SANDS XTOFER WALKER THOM CLOTTERY ROBERT RAWORTH

[END OF FIRST PART OF DIGITISED WILL]

Notes

Witnesses

(1) The will was witnessed by nine individuals, of whom Ralphe Whitfeild, Clement Spelman, Charles Dalison, Thomas Clottery and Robert Raworth were definitely lawyers. William Byerly, Alexander More, Edward Sands, and Christopher Walker have not yet been traced.

Ralphe Whitfeild (alt, Whitfield, Whitfeld) and Robert Raworth were of Grays Inn, with Raworth possibly a servant to Whitfeild. Both Whitfeild and Raworth married daughters of Sir Henry Spelman and became brothers-in-law, though the timing of these marriages has not yet been determined by this author.

Clement Spelman (1598-1679), a lawyer, was the youngest son of the same Sir Henry Spelman. He was a Baron of the Exchequer between 1663 and 1679. The DNB states that he was of Grays Inn, admitted in 1613, made ancient in 1638 and a bencher in 1660. However, A2A index records show a Clement Spelman of Middle Temple. This latter Clement Spelman may be the former's eponymous second cousin who later became Recorder of Nottingham. Fellow Grays Inn lawyer Ralph Whitfield appears to have collaborated with Clement Spelman on several estate transactions in the late 1620s, possibly on Spelman family estate matters.^[1]

Charles Dallison is referred to elsewhere in the will as "my very lovinge kinsman Charles Dallison Esquire", and was probably Charles Dallison, Recorder of Lincoln, who later became a serjeant-at-law.

Thomas Clottery was a lawyer of Inner Temple. He died in 1631, the year after Sir Maximilian's will was made, and was buried in the Temple Church. Clottery's will shows that he owned land in Snodland, adjoining parish to that of Hallinge (Hawlinge), as well as in Halling itself. Clottery was named as one of three overseers of Sir Maximilian's will, and was also present on November 8th, very shortly before Sir Maximilian's death, when Sir Maximilian confirmed to him verbally a short codicil he had made earlier that day, again verbally, made with Sir Moulton Lambard, one of his executors. Finally, Clottery was the first named witness to the will of Sir Maximilian's by then widow, Dame Mary Dallison's, made on December 17th 1631, shortly before her own death. The other witnesses were her children, Phillip and Penelope Dallison.

Edward Sands may be related in someway to the Sandy(e)s family of Northbourne and/or Throwles. Sir Maximilian first wife was Paulina Sandys.

Sir Maximilian appointed as overseers of his will "my very loving friends Ralphe Whitfeild Esquire and my very lovinge kinsman Charles Dallison Esquire and one Thomas Clottery of the Inner Temple Gent"

For further biographical information see:

Charles Dallison
Clement Spelman: William Carr, 'Clement Spelman', Dictionary of National Biography, 1885-1900, vol. 53
Clement Spelman: William Carr, Stuart Handley, ‘Spelman, Clement (bap. 1598, d. 1679)’, rev. Stuart Handley, Oxford Dictionary of National Biography, Oxford University Press, 2004
Robert Raworth
Ralph Whitfeilde

Primary sources

TNA

PROB 11/160 XXXX Will of Dame Mary Dallison XXXX

Centre for Kentish Studies

U1515/T99 Will of Thomas Clottery of the Inner Temple, London, July 16th 1631 PRESUMABLY THIS DATE IS THE DATE OF WRITING, NOT THE DATE OF PROVING OF THE WILL

Secondary sources

1. ↑ Lincolnshire Archives: MON 3/33/5 28 November 1627: Exemplification of Common Recovery; Norfolk Record Office: Hare 3106 202 x 1 26 May 1628: Exemplification of Recovery of Easter Term 4 Car.I. 1628