MRP: C22/460/21 f. 1

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C22/460/21 f. 1



Abstract


This document is a list of eleven interrogatories to be posed to the defendants of a Chancery suit brought by Sir James Oxenden on behalf of his grandson, Maximilian Dalyson, of whom he was guardian [CHECK]. The depositions themselves are recorded in C22/460/21 f. 2, which states that the depositions were held in 1651 at XXXX. The commissioners were George Robinson, John Alleyn, Alexander Chancey and Josua Langridge, all gentlemen. The individuals deposed in C22/460/21 f. 2 were Sir James Oxinden, then sixty four years old; Thomas Wynter (alias Winter), a forty-six year old yeoman of Wingham, who had witnessed a note written by Sir James in 1640; Henry Beard, a forty year old carpenter of Wingham, who had likewise witnessed that note; John Heath, thirty six, of Rochester, who bore witness to Maximilian Dalyson's visit to the White Hart in 1647; William Payneter of Gillingham; Richard Lee of XXXX; and Phillip Ward, a sixty year old gentleman of Rochester, who provided hearsay evidence of the defendant's intentions.

The questions seek firstly to understand whether the deponents know the complainants and defendants, and whether they knew Sir Maximilian Dalyson, now deceased, and his son William Dalyson Esquire, now also deceased. Secondly, to confirm whether an indenture dated January 18th 5 Charles I was sealed and delivered by Sir Maximilian Dalyson. Thirdly, to determine whether it was commonly known in Rochester and elsewhere that Sir Maximilian Dalyson had only settled a life interest in his real estate in his eldest son, William Dalyson, with the remainder to his younger sons and other male heirs of his body, thus preventing William Dalyson from selling the inheritance of this real estate. Fourthly, to confirm a true copy of the last will and testament of Sir Maximilian dalyson. Fifthly, to confirm a deed signed and sealed by William Dalyson Esquired, dated 24th [No month given in original] 1634. Sixthly, confirm a true copy of the inquisition of Sir Maximilian Dalyson. Seventhly, to determine the age of Maximillian Dalyson, son of William Dalyson. Eighthly, to determine whether the deponents ever told the complainant that William Dalyson was only a tenant-for-life, and that the complainant should not purchase the lands and messuages. Ninthly, to detemine whether the deponents witnessed Sir James Oxinden on 26th March 1640 enter the White Hart in Rochester and claim the remainder of the lands and messuages "by vertue of a Remaynder thereof lymitted to the said def:t Maximilian by S:r Mayimilian Dalyson knight", the claim being written down by Sir James Oxinden in a note which was witnessed by Thomas and Henry Beard. Tenthly, to determine whether on 27th October 1647 Maximilian Dalyson himself enter the White Hart in Rochester and claim arrears in rent, with a note signed by John Heath, Thomas Lovell and Michael Onnsted. Eleventhly, to determine the annual rent or value of the lands, messuages, tenements and hereditaments allegedly purchased from William Dalyson.



Transcription


//1. IMPRIMIS doe you knowe the parties Compl:t and def:t and did you knowe S:r Maximilian Dalyson//

//knight deceased, and William Dalyson Esq:r allsoe deceased & his sonne and heire, or either of them and which of//

//them and how long since dyed they or either of them, and which of them?//

//2. ITEM was the Indenture nowe shewed unto you dated the Eighteenth day of January in the ffifth yeare of//

//the Raigne of the late King Charles over England &r. Sealed and delivered by S:r Maximillian Dalyson//

//the def:t Maximillians Grandfather and how doe you knowe the same?

//3. ITEM was it comonly knowne and spoken of att Rochester in the County of Kent and elsewhere both//

//before and after the death of the said S:r Maximillian Dalyson that the said S:r Maximillian had settled all his//

//Messuages Lands Tenem:ts and hereditam:ts in the Counties of Kent and Sussex on William Dalyson Esq his//

//eldest sonne for the terme of his life only with Remaynder unto his first second and other sonnes of the said//

//William with Remaynders to the younger sonnes of the said S:r Maximillian and the heires males of theire//

//bodyes, or otherwise soe and in such manner that the said William Dalyson could not sell the Inheritance thereof//

//If you did then when, where of whom and how often did you soe heare the same?

//4. ITEM is this which is now shewed unto you a true copy of the last will and Testament of S:r Maximillian//

//Dalyson knight, and how doe you knowe the same?

//5. ITEM was the deed or writing now shewed unto you dated the fower & twentieth day of [text has been scratched out by original scribe] in the year 1634//

//Sealed and delivered by William Dalyson and xxx how doe yo: knowe the same?//

//6. ITEM is this which is now shewed unto you a true copy of the Inquisition or xxxxxxx//

//death of S:r Maximillian Dalyson knight and how doe you know the same?//

//7. ITEM how old is the def:dt Maximilian Dalyson, and when and where xxxxxxxxx and how doe you knowe//

//the same?//

//8. ITEM did you or any xxxx Maximilian by name, att any tyme and when, and how longe since tell the//

//Comp:lt that William Dalyson Esq was but Tenant for life of all or any his Messuages and Lands and//

//Therefore wish or advise him not to purchase the same or any part thereof, and what answer did the said//

//Comp:lt make thereto, as you know or were informed, and when, and by whom://

//9. ITEM did S:r James Oxinden (sic) knight Grandfather to the def:t Maximillian (sic) Dallyson (sic) for and on the //

//said Maximilians behalfe and to his use on or about the six and twentieth day of March 1640. Or att//

//any other tyme, and what tyme entered into or uppon the Messuage or Inne called the White Hart in//

//Rochester, or any other part and what part thereof in the name of all the Messuages and Lands P:rchased//

//or p:rtended to bee purchased of the said William Dalyson by the said Comp:lt and clayme the same by//

//vertue of a Remaynder thereof lymitted to the said def:t Maximilian by S:r Mayimilian Dalyson knight//

//his Grandfather, and was the note now showed unto you att this tyme of y:e Examinaccon att or about the//

//tyme of such entry or clayme or any other tyme and what tyme written by the said S:r James Oxinden//

//and witnessed by Thomas Winter and Henry Beard or either of them, and which of them//

//and how doe you know the same?

//10. ITEM did the def:t Maximilian Dalison or you or any other and who by name for or on the behalfe of the defd:t Maximilian Dalyson//

//and to his use on the Twentie seaventh day of October 1647 Enter into or uppon the Messuage or Inne//

//called the Whitehart, in Rochester and there demand for the said def:t Maximilian and on his behalf any rent and//

//what rent, or ?averages of rent, of the said Messuage and other things, and what things and when xxx//

//and was the paper now shewed unto you, dated the Twenty Seaventh day of October 1647 subscribed//

//by John Heath, Thomas Lovell and Michael Onnsted, and every or any of them And which of them, //

//and how doe knowe the same?

//11. ITEM doe you knowe or have you heard and spoken and by whome of xx yearely value ??worth the Messuage & Landes & Tenem:ts//

//or hereditamen:ts in or neere the Citty of Rochester w:ch the Comp:lt did att any tyme heretofore, and when//

//purchase or p:rtend to purchase of William Dalyson Esq xxxxxxxxx were the same and//

//and xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx to bee kept as you knowe or beleeve, sett forth the particulars//

//and have you xxxxxxxxxxxxxxxxxxxxxx the same

John Alleyn
Alex Chauncey
J: XXXXX


Commentary


See also C22/460/21 f. 2

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