MRP: C 9/40/48 f. 5
C 9/40/48 f. 5
Abstract
Transcription
//Longueville
//The severall answers of Maximilian Dalyson Esq.r one of the def:ts to the Bill of Complaint of S:r George Oxinden Kn:t Comp:lt
//The said def:t saveing to himselfe all advantage of expressions to the incertainties & insufficiencies of the said Bill of Complaint for answer thereunto or to soe much as concerneth him this def:t to//
//answer unto saith That he absolutlie denieth that on or about ffebruarie one Thousand six hundred ffiftie and fower or at annie other tyme he this def:t or the said Elizabeth Dalyson his mother//
//in the said Bill named (w:th his this def:ts knowledge or privittie) had great (or annie) occasion for money to dischardge annie debt or debts contracted by suits actions or otherwise for recovereing the estate of him//
//this def:t w:ch was either sold mortgaged or otherwise dispersed of by William Dalyson Esq.r the def:ts ffather in the said Bill also named or otherwise or that for that annie such or the like cause either he//
//this def:t or the said Elizabeth Dalyson to his knowledge did seek out w:th the said Comp:lt about his laying downe of the summe of ffowerteene hundred pounds in thesaid Bill menconned or annie//
//other money for the purchase of the reversion in ffee expectant upon the death of the said Thomas Stanley in the said Bill named of or in the messuages lands & Tenem:ts in the said Bill for that//
//purpose menconned or annie of them to be settled to or upon the said Comp:lt his heires & assignes as by the said Bill is suggested for this def:t saith that his said Mother haveing received his this def:ts//
//rents (as his Guardian) from the tyme of his said ffathers death untill the tyme that he this def:t contracted to his now wife being by the space of seaven yeares or nere therabouts the same rent//
//amounting to ffower hundred & ffiftie pounds per Anno or neere thereabouts she the said Elizabeth upon this def:ts marriage w:th his said wife earnestlie desireing to be free & acquitted of & frm//
//the making of annie accompt to this def:t for the said rents soe by her received as aforesaid pretending she had beene at great charges & expences in suit of Law for recovering of his this def:ts estate//
//& otherwise thereupon this def:t & the said Thoms Stanley to gratifie the importunitie & desire of the said Elizabeth did consent thereunto As by certaine Articles of Agreem:t indented dated//
//the ninth daie of ffebruary one Thousand six hundred ffortie & nine made betweene the said Elizabeth Dalyson & him this def:t (then an infant) of th’one part & the said Thomas Stanley & his said daughter of th’other part readie to be produced in this hon:ble Court it doth & maie more at lardge appeare of w:ch Articles of Agreem:t thesaid S:r Henrie Oxinden could not be//
//ignorant as this def:t beleiveth he the said S:r Henrie Oxinden being an Executor & the sole Actor concerning this def:ts mothers estate & as this def:t beleiveth hath the Counterpart of the said //
// Articles now in his custodie And this def:t further saith that the rents of this def:ts lands & tenem:ts w:ch were received by the said Elizabeth Dalyson dureing the said Terme of Seaven yeares//
//amounted to three thousand one hundred & ffiftie pounds or thereabouts w:ch (as this def:t conceiveth & verelie beleiveth) is more by two thousand & seaven hundred pounds than his said//
//Mother ever expended or laid out in suit of lawe of by annie other waies or meanes whatsoever concerning him this def:t or his estate wherefore he this def:t cannot but wonder that the//
//said S:r Henrie Oxinden whome this def:t looketh upon as the principall & onelie contriver & promoter of this causele & unnecessarie suite although he hath cause himselfe to be made a//
//def:t to this Bill of Complaint & as this def:t verelie beleiveth well knoweth the truth of the premisses should contrairie to his owne knowledge cause such untrue suggestions to be inserted in//
//thesaid Complain:ts said bill that the moneys p:rtended to be borrowed of the said Compl:lt (if annie were borrowed of him) were to dischardge debt or debts contracted by suit at Law for the//
//recoverie of the estate of him this def:t sold or mortgaged or otherwise disposed of y this def:ts said ffather in his life tyme as by thesaid Bill is pretended And this def:t further saith that he beleiveth//
//it maie be true that about the tyme in the Bill of comp:lt for that purpose menconned he this def:t being visited w:th the small pox & verie sick the said Elizabeth Dallison this def:ts mother in the p:sence//
//of the said Comp:lt did tender unto him this def:t a writeing or writeings to be sealed by him but he being verie willing soe to doe his said Mother prest him earnestlie to seal the same % affirminge & //
//promising that there should be noe harme or prejudice come to him for soe doing & that the same should ??at or xxx out of ??her (or ??his) ???mannorss but that the same & should be delivered up to him this def:t in a short tyme after to be canceld and//
//soe made void whereupon he this def:t wholie considering in his said Mothers promise and haveing (at that tyme) but little knowledge of affairs of the world being then but thenonelie//
//???recent out of his nonage) did seale thesame deed or deeds to gratifie the importunitie & desire of his said mother but what was or were the substance or contents thereof or what//
//was conteyned therein or whether the same purported such deed or deeds of Lease & release as in the said Bill is mencconed or annie conveyance of this def:ts messuage Lands or prmisses//
//in Chatham & Gillingham in the said Bill expressed either of them or or of annie revercon thereof by this def:t to the said Compl:t & his heires as by the said Will is pretended or for annie other//
//estate this def:t saith that he knoweth not And this def:t further saith that he doth utterlie dennie that he did ever receive or that thesaid Comp:lt or annie other for him did ever paie to him this//
//def:t this summe of Tenn shillings in the said Bill menconned or the summe of ffowerteene hundred pounds therein expressed or annie other summe of money or consideraconn in money or annie other//
//consideraconn whatsoever upon thesealing thereof or at annie tyme before or afterwards for or in respect thereof And this def:t further saith that he doth not beleive that the said Comp:lt eber had //
//the custodie of the deeds or writeings w:ch were soe seald by this def:t or that they ever were out of his said Mothers custodie untill she delivered back the same unto him this def:t cannot by him//
//self in xxxxxx & xxxxx of her promise made unto him this def:t as aforesaid And this def:t further saith that he doth utterlie denie that he this def:t did by annie practice or cuning or by annie undue measnes whatsoever obteyne or gett out of the possession of the said Elizabeth Dalyson the said deeds soe seald by this def:t as aforesaid but possitivelie saith and ?assureth//
//that the said Elizabeth did freelie & of her own accord long since deliver up the same deeds to him this def:t in order to the performance of her promise in & touching the same as aforesaid but what//
//are since become thereof this def:t saith that he knoweth not And this def:t also denieth that he hath or to his knowledge ver had from the said Elizabeth some or annie deed or deeds or writeings//
//belonging to the said Comp:lt as in thesaid Bill of Complaint is suggested And this def:t further saith that he doth utterlie denie that he did ever in annie respect deale unjustlie w:th his said//
//Mother as by the said Bill is ??untrue & ???scanderlouslie suggested but on the contrarie he saith that he hath severall waies beene verie unjust to himselfe in complying w:th his said Mother &//
//suffering her to get & Keepe from him this def:t soe great & considerable apart of his estate as is before expressed & much more ere this def:t is able to make appeare And further saith that he verilie beleives that the//
//pretended Will of the said Elizabeth Dalyson in the said Bill menconned if annie such thre be to chardge the messuages lands & tenem:ts therein expressed w:th the paym:t of the summe of ffowerteene//
//hundred pounds to the said Comp:lt was not according to the free Will & intenccon of his said Mother but if it were yet this def:t doubteth not but to make appeare that she had noe right or power//
//to chardge thesaid messuages lands & p:rmisses w:th the paym:t of the said summe of fowerteene hundred pounds or w:th annie other summe of money whatsoever And this def:t doth also denie all//
//manner of combynacon & confederacion w:th the said S:r Henrie Oxinden (sic) in the said Bill named for annie such intent or purpose as in thesaid Bill is menconned for annie other intent or//
//purpose whatsoever And this def:t doth also denie that the said Elizabeth Dalyson did ever bring or send to this def:ts howse annie Silk China carpetts callicoe cloth or other goods or marchandize//
//whatsoever of or belonging to the said Comp:lt to this def:ts knowledge ???herebout this def:ts saith that he beleiveth it to be true that about ffowerteene or ffifteene yeares since the said Elizabeth//
//Dalyson did bring or send to his this deef:ts howse certaine carpetts lynnen cloth & other goods w:ch were her owne for ought this def:t knoweth to the contrarie but what the particulers or values//
//thereof were the def:t saith that he knoweth not And this def:t further saith that the carpetts cloth & other goods w.ch the said Elizabeth soe brought & sent to this def:ts said howse as aforesaid//
//remained there in her owne custodie during all the tyme of her abode ther & being the space of two yeares or therabouts & that at her departure from thence she left behind her in the//
//def:ts ???said howse severall of the said goods w:ch she the said Elizabeth out of her mothers love & kindness to this def:t freelie bestowed upon him but what the particuliers therof were of them//
//w:ch she brought or sent to this def:t s said hows it being soe long since he this def:t saith that he knoweth not And is very confident that the said Comp:lt if he had annie right thereunto//
//would lone ere this have demanded the same of this def:t he haveing beene ?manie tymes at this def:ts howse since the said goods were soe given to this def:t & as this def:t beleiveth//
//hath seene the same there but never demanded the same or annie part thereof or from this def:t or ever made the least pretence that annie of the said goods were ever his//
//or ever did belong unto him And w:thout that that xxxxxxxxxxxxxxxx
//annie other matter or thing in the said Comp:lts said Bill conteyned materiall or effectuall in the Law for this def:t to make answer//
//unto & herein not well & sufficientlie xxxxxxxxxxxxxx
//xxxxxxxxxxxxxxxxxx
//w:th some matters & things this def:t is xxxx xxx xxxx//
// xxxxxxxxxxxx & justified as this xxxxxxxxxxxxxxxxxx
Xxxxxxxxxxxxshall xxxxx shall award & humblie preyeth that he maie be hence dismissed w:th his reasonable costs & chardges in that behalf//
//wrongfullie susteyned)//
//(Four lines of latin)
//(Four lines of latin)
//(Four lines of latin)
//(Four lines of latin)
Tho: XXXX XXXX
Daniel Newman
John ?Bloms
