MRP: C22/460/21 f. 2
C22/460/21 f. 2
Abstract
William Dalyson, father of Sir James Oxinden's grandson, Maximilian Dalyson, was heavily indebted shortlly before his death in 164X. He was alleged by Sir James Oxinden, in a Chancery suit brought by Sir James on behalf of his grandson of whom he was guardian, to have sold substantial lands and messuages to several other parties without the legal right to do so. A key substantive issue was whether the lands and messuages involved, which William had inherited from his father Sir Maximilian Dalyson, were demised with only a life interest, making William a tenant-for-life, with the remainder to any younger sons of Sir Maximilian, and other male heirs of his body.
Document C22/460/21 f. 2 provides the answers of six deponents for the plaintiff to a list of eleven interrogatories provided in C22/460/21 f. 1. The individuals deposed were Sir James Oxinden, then sixty four years old, the grandfather of Maximilian Dalyson; 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.
Transcription
//Ex parte
Def//
//Depocicons of witnesses taken at the Cittie of Rochester in the County of Kent the xxxxxx//
//Anno Dm 1651 before George Robinson John Alleyn Alexander Chancey and Josua Langridge gentes//
//by vertue of a Comission out of the high court of Chancery to them directed to examine witnesses//
//a Cause there depending betweene Maximilian Dallyson as a xxx xx def: at the XXXX of Thomas Stone //
//Comp:lt as followeth (vizt)//
//S:r James Oxenden (sic of Wingham in the County of Kent kn:t 64 yeares or thereabouts sworne & examined//
//deposeth as followeth (vizt)//
//To the first Interr this dep:t Saith that he knowe the def:t in this Suite & hath seene the Comp:lt this dep:t xxxxxxxxxxxx//
//he did knowe S:r Max: Dallison (sic) kn:t & Willyam Dallison Esq:r in this Interr named and that they are both dead and that the said//
//Willyam Dallison dyed about nyne yeares since and the said S:r Max: dyed long before the said W:m Dallison//
//To the fifth interr this dep:t saith that the deed or writing nowe showed unto him at the tyme of his examinaccon dated//
//the 24:th June 1634 was sealed and delivered by W:m Dallison in this interr named and that he this dep:t was present then//
//and subscribed his name as a witness to the sealing and deliverie therof by thessaid Willyam Dallison//
//Thomas Wynter of Wingham in the County of Kent yeoman aged 46 yeares or thereabouts sworne & examined//
//deposeth as followeth (vizt)//
//To the Seaventh Interr this dep:t saith that the def:t Max: Dallison was 17 yeares of Age in the moneth of XXXX//
//past and that he knoweth thesame for that he lately purposely searched the Register books for Christenings in the xxx//
//Wingham aforesaid where thesaid def:t was borne and baptized and found thereupon that the said def:t was born //
//the 15:th day of December 1633
//To the 9:th Interr this dep:t saith That S:r James Oxenden Grandfather to the def:t & on his behalf //
//in Rochester in the Chamber of the said messuage called the garden Chamber in the name of xx xx//
//xx Lands purchased or p:rtended to be purchased of the said William Dallison by the said Comp:lt & did//
//same by vertue of a Remainder thereof lymitted to the said def:t Maximilian by S:r Max: Dallison kn:t his Grandfather//
//And that the note nowe showed unto this dep:t at this the tyme of his examinacon was then & there xxxxxxxxxxxxxx//
//James Oxinden (sic) and by him then & there read in the p:rsence of this dep:t and Henrie Board and he this dep:t xxxx//
//Oxinden//
//Henry Beard of Wingham in the County of Kent carpenter aged fortie yeares or thereabouts swore & examined xxx//
// as followeth (vizt)
//To the 7th Interr this dep:t saith that the def:t Maximilian Dallison was 17 yeares of age in the month of December //
//past and that he knoweth the same for that he lately purposely searched the Register booke for Christenings in the parish//
//of Wingham aforesaid where the said def:t was borne and baptized and found that the said def:t was baptized upon ye xx//
//daie of December 1633//
//To the 9:th Interr this dep:t saith that S:r James Oxenden kn:t Grandfather to the def:t for & on the behalfe & to the use of the def:t//
//Max Dallison on or about the 26:th day of March 1640 did enter into the Messuage or Inn called the White Hart xxxxxxxxxxxx//
//&in the Chamber of the said Messuage called the Garden Chamber in the name of all the Messuages and Lands purchased or//
//p:rtended to be purchased of the said W:m Dallison by the said Comp:lt and did clayme the same by vertue of a Remainder xx//
//lymitted to the said def:t Max: Dallison by S:r Maximilian Dallison his Grandfather And in the name xxxxx//
//him this dep:t at this the tyme of his examinacon was then xxxxxxxxxxxxxxxxx S:r James Oxinden and xxxxxxxxxx//
//read in the p:sence of this dep:t and Thomas Winter and that he this dep:t xxxxxxxxxxxxxxxxxxxxxxxx//
//named to xxx witnesses to what was soe said & do by that xxxxxx S:ir James Oxinden
//John Heath of the Cittie of Rochester in the County of Kent aged 36 yeares or therabouts sworne & examined//
//deposed as followeth//
//To the 10th Interr this dep:t saith that upon the ?9th day of October 16XX the def:t Max Dallison did enter into the XXX//
//or inn called the White hart in Rochester and did there demand the xxxxxxxxxx then last past for xxxxxxxx//
//Messuage and other Lands and howses upon the lease made by S:r Max: Dallison his grandfather to M:r Phillips xxxx the dep:t//
//that the said def:t Max Dallison did then and there demand all the Arrearages of Rent due to him upon the same by xxxxxxx//
//writing nowe shewed unto him this dep:t dated the XX day of October 1647 was thereupon subscribed by him this dep:t//
//Thomas Lowell and Michaell Gunstead then also present the same conteyning xxx the very words the said dep:t xxxxx//
//then and there upon his demand of thesaid rent & Arrearages thereof//
//To the 11th Interr this dep:t saith that he doth knowe that the yearely value of the Messuages Lands and Tenem:ts in xxxxxxxxxxxx//
//Cittie of Rochester w:xh the Comp:lt did heretofore purchase or p:rtend to purchase of Willyam Dallison Esq:r in this xxxx//
//was and is the some of one hundred & fower poundes and soe the some xxxxxxxxxxxxx be lett//
//Thomas Lowell of the Cittie of Rochester in the County of Kent gen aged 20 yeares or therabouts sworne / examined//
//deposeth as followeth (vizt)
//To the 10th Interr this dep:t saith that upon the XXth day of October 1647 (could be 1649) the def:t Max Dallison xxxxxxxxxxxxxxxxxxxx//
//Inn called the White Hart in Rochester and did there xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx//
//xxxxxxxxxxxxxxxxxxxxx//
//same lease And that the writing nowe shewed unto him xxxxxxxxxxxxxxxxxxxxxx//
//October 1647 was thereupon subscribed by him this dep:t
//said
//Kent & ?Memory thereof
//William Payneter of Gillingham in the Countie of Kent
//XXX deposeth as followeth vizt
//the first Interr this dep:t saith that he doth ??not knowe xxxx in the ?writing but doth very well knowe xxx//
//& that he did also very well knowe S:r Max: Dallison Kn:t & W:m Dallison Esq:r xxxxxxxxxxx & That he said xxxxx//
//dyed about 20 yeares since & as this dep:t veryily beleiveth thesadi W:m Dallison dyed ?in (On) or about the xxx of ?July xxxx//
//To the third Interr this dep:t saith That he did often heare said S:r Maximillian Dallison in his life xxxxxxxxxxxxxx//
//Maximillian had settled his Messuage ??pasture & Tenem:ts upon his sonn William Dallison for his life xxxxxxxxxxxxxxxxxxx//
//dispose of the Inheritance thereof And this dep:t alsoe xxx That ?after the decease of xxxxxxxxxxxxx//
//w:ch Serjeant Whitfeild (deceased) to xxx dep:t that xxxxxxxxxxxxxxx had xxxxxxxxxxx//
//upon those
//the power of thesaid William Dallison
//spoken in Rochester & elsewhere both before & After the death of the said S:r Maximillian Dallison xxxxxxxxx//
//Dallison had setted his reall estate upon his sonn William Dallison for xxxxxxxxxxx
//and aforesaid
//Richard Lee of great XXXXX pish of St Margarett in the County of Kent esq aged 60 yeares
// or thereabouts sworne & examined
//To the first Interr this dep:t saith that he
//Willm Dallison esq:r in this Interr named
//about 20 yeares since//
//To the third Interr this dep:t saith That he was intimately aquainted with the said S:r Max: Dallison xxxxxxxxxxxxx//
//life tyme tould this Dep:t that by ?reason of his sonn (M:r William xxxxxxxxxxxxxxxxxxxxxxxxxxx//
//of life) he was resolved that he would xxxxxxxxxx hxxx upon him the xxxxxxxxxxxxxxxx//
//that it should not be in the power of ?the said William to sell or dispose xxxxxxxxxxxxxxxxx//
//S:r Max Dallison had (for he told this dep:t) xxxxxxxxxx written xxxxxxxxxxxxxxx//
//Dep:t also saith that before & after the death of the said S:r Maximillian Dallison he hath oftentimes xxx ?repeated & xxxxxxxxx//
//severall psons both at Rochester & else where that the said S:r Maximillian Dallison had settled his lands upon his xxxxxxxx//
//William Dallison but for his life ?onelie And that he the said S:r Max Dallison soe did thesame to xxxx xxxxx those xxxxxx//
//to sell or dispose of the Inheritance thereof//
//To the Eigth Interr this dep:t saith that about 16 or 17 yeares ??since this dep:t xxx in the Citty of Rochester xxxxxx//
//of M:r Phillip Ward this dep:t xxxxxxxxxxx being there ?Master (or Mason) of the said xxxxxx xxxx this Comp:lt xxxx//
//howse there w:ch this dep:t knowe to belonge to M:r xxxxxxxxxxxxxxxxxxxxxxxxx//
//ready to be sealed whome this dep:t xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx//
//XXX by this dep:t that he heard M:r xxxxxxxx was upon buying xx W:m Dallisons xxxxxxxxxxxxxxxxxxxxxxxxxxxxx//
//XXXX
//XXX
[BACKSIDE OF FOLIO TWO]
//Mr Stone thereof ?when thereupon all the said M:r Ward also told this dep:t answered that he was most xxxx//
//in what he did & asked yf he thought That old Birds would be caught with chaffe//
//Phillip Ward of the Cittie of Rochester in the Countie of Kent esq:r aged 60 yeares or //
Thereabouts sworne & examined deposeth as followeth vizt//
//To the Third Interr this Dep:t saith that it was oftentymes spoken in & about the Citty of Rochester//
//& elsewhere both before & after the death of S:r Maximilian Dallison that the said S:r Maximillian Dallison //
//had conveyed & setled his messuage Lands & Tenem:ts upon his sonn Willm Dallison but for his Life onely//
//& that he soe did the same to pvent the said William fro: selling or disposing of them xxxx thereof//
//To the Eighth Interr this dep:t saith That about 16 or 17 yeares since this dep:t wxxxxxxxxxxxxxx//
//Rochester in the company of Richard ?Lee Esq:r This said Mr Lee ?observing the Comp:lt to ??him xxxxxxx of a xx//
//there w:ch this ?dep:t knowe to be xxx in William Dallison (& w:ch this dep:t much desired x?to have being//
//& xxxxx have being at thesame xxx ?until that he was told that thesaid M:r Dallison had noe power to ?sell//
//the Inheritance thereof) assured this dep:t ??if he knowe what thesaid M:r Stone did there ?who//
//(unto the said M:r Lee that he heard ??it ??said M:r Stone the Compl:t) was upon buying thesame M:r XXX xxx//
//howses & estate in Rochester & the xxxx thesame M:r Lee wished this dep:t to ?make what xxxxxxxxxxxxxxxx//
//xxx heed what he did therein for that as thesaid M:r Lee wished this dep:t to tell him then xxxxxxxxxxxx//
//that the said M:r Dallison xxxx but xxxxxx therein & that he had no power to sell ??that//
//Inheritance thereof & xxxxxxxxxxxxxx xxxxx Acquainted in the said def:t Stone thereof xxx//
//answered that he was well advised in what he did & there upon ???asked this dep:t ??yf xxx of xxxxxx//
//That old Birds would be caught with chaffe//
John Alleyn
Allen Chauncey
J. ??Langridge
Commentary
See C22/460/21 f. 1
- List of eleven interrogatories, which are are deposed in C227460/21 f. 2
