MRP: C22/955/10 f. 1

C22/955/10 f. 1

Editorial history

27/10/11, CSG: Created page

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Suggested links

See C22/955/10 f. 2 (depositions for the complainant)
See C22/955/10 f. 3 (commission sent to the commissioners, latin)

See biographical profile of Sir James Oxenden

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Abstract & context

This abstract has been completed

This document contains depositions made by four individuals on behalf of the defendants in a Chancery suit brought by the complainant, Thomaszine Austen, a widow.

Although the document is the first folio in a set of three folios held together by a tie, the depositions were taken later by the commissioners than the depositions in C22/955/10 f. 2, which had been made on behalf of the complainant.

The chief defendant was Sir James Oxinden, with three named co-defendants, Robert Petman, and George and Samuell Dancy (alias Dancey).

The suit concerned fifty eight acres of the demesne lands of the manor of Adisham to which Thomazine Austen claimed right and title, which she claimed had been ignored in Sir James Oxinden's purchase of demesne lands of the manor of Adisham from the co-defendants. The deponents for the defence were William Drayton, gentleman of Canterbury; John Reynolds; Beniamine Agar, another gentleman of Canterbury; and William Johnson, a gentleman of Wingham.

The depositions were taken at the Ship tavern in the parish of S:t Mary Bredman, Canterbury, by three of four nominated commissioners, James Hardres Esquire, John Crane gentleman, and John Coppin gentleman, who sat at to take the depositions. The depositions were held on January 7th 29 Charles II, some nine months after the indenture of sale of the demesne lands to Sir James Oxinden, which is dated as March 26th, 28 Charles II in C22/955/10 f. 1.

It emerges from the depositions in C22/955/10 f. 1 that Sir James Oxinden purchased some of the demesne lands of the manor of Adisham from Robert Petman and from George and Samuell Dancy, all three of whom are named as co-defendants with Sir James Oxinden by the complainant Thomazine Austen. The total consideration paid by Sir James was £1000, of which £600 was paid to Petman and £400 to the Dancys. Samuel Dancy specifically is claimed in deposition to have sold the manor and site of Adisham Court to Sir James.

Thomazine Austen is claimed in deposition to have informed Sir James of her title to fifty eight acres of the demesne lands which Sir James intended to buy, but did not show written evidence of that title, although such written evidence existed. The fifty eight acres were claimed by Thomazine Austen to have been acquired by Vallentine Austen, her deceased husband's father, from Sir Robert XXXX.

The indenture of sale to Sir James Oxinden was dated March 26th, 28 Charles II, and was made between Sir James Oxinden and the three co-defendants, and stated a consideration of £1000.

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Transcription

This transcription has been completed, but requires checking, 27/10/11, CSG

C22/955/10 f. 1 recto

//DEPOSICONNS of witnesses taken at the house of Michaell Hite called or knowne by the name of the//

//Shipp in the Citty of Canterbury the Seaventh day of January in the nine and twentieth yeare of the//

//Reigne of our Sovereigne Lord Charles the Second by the grace of God of England Scotland ffrance//

//and Ireland King defender of the ffaith xr before John Crane and John Copping gent, and James//

//Hardres esq:r Comissioners by vertue of a Comission, to them and to Richard Mayson gent or two or//

//three of them directed for the examining of witnesses in a cause depending in his Maties High Court//

//of Chancery at Westminster betweene Thomasine Austen widdow Complaynant, and S:r James//

//Oxinden (sic) Knight, Robert Petman George ?Dancy and Samuell ?Dancy defendants on the parte and//

//behalfe of the said defnd:ts as followeth//

//William Drayton of the precinct of the pallace of the Archbishopp of Canterbury in the//

//County of Kent gent allready sworne and exammined on the parte & behalfe of the said Complt//

//and now produced on the behalfe of the defendts deposeth as followeth//

//To the ffifth and sixt Interrogatories this deponent saith, That hee doth beleeve that S:r James//

//Oxinden in theis Interries named did pay to Robert Petman one of the defendants the summe of//

//sixe hundred pounds, and that hee did pay to George Dancy and Samuel Dancy two of the others of the//

//defendents the summe of ffower hundred pounds and further to theis Interries hee cannot depose//

//To the eight Interrie this deponent saith, That at the time when this deponent and the Complaint//

//Austen did acquainte S:r James Oxinden that shee had a right to the Lands in question that this deponent//

//did not nor the Complainant to this deponents knowledge, shew to the said defendant S:r James any//

//decree or other writing concerning ther title to the said Lands in question, but hee this deponent saith//

//that hee hath seen such a decree himselfe divers times & further hee cannot depose//

//John Reynolds a witness allready examined on the parte and behalfe of the Complain:t &//

//now pduced on the parte and behalfe of the defts deposeth as followeth//

//To the fifth and sixth Interries this deponent saith That hee hath heard Samuell Dancy one of the//

//defend:ts confess and acknowledge, that hee did sell to S:r James Oxinden another of the defendants the//

//Mannor and ?Seite of Adisham Court for the consideration of one XXXXX XXXXXXXXXXX hath//

//heard that sixe hundred pounds parcell thereof was payed to the defend:t Robert Petman and that//

//ffower hundred pounds remainder thereof was payed to the defend:ts George and Samuell Dancy//

//and further to their Interries he cannot depose//

//To the Seaventh Interrie this deponent saith That hee hath heard the Complainant Thomasine//

//Austen say that Vallentine Austen deceased this Complainants husband ffather did purchase of S:r//

//Robert HaXXes in this Interrie named the Lands in question and the quitt rent of some other Lands//

//holden of the Mannor of Adisham which is ffower ??Seames of Barley eleaven shillings & ffower//

//XXXXXXXXXXXarcels for the summe of one hundred and sixty pounds and further to this//

//XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX//

//Beniamine Agar of the pallace of the Archbishop of Canterbury gent aged Seaven and//

//fforty yeares or thereabouts sworne and examined deposeth as followeth//

//To the second third and ffowerth Interries this deponent saith, That hee knoweth Robert Petman George//

//Dancy and Samuell Dancyin theis Interries named and hee did see them seale and deliver the Indenture//

//menconned in the said Interries and ?more shewed unto him bearing date the sixe and twentieth day of March//

//in the eight and twentieth yeare of the reigne of King Charles the second over England xr made betweene//

//the said Robert Petman George Dancy and Samuell Dancy three of the defendants of the XXXXX//

//and S:r James Oxinden one other of the defts of the other parte and that the name of Beniamine Agar subscribed as a witnes//

//thereunto is the proper Hand writing of this deponent, And that hee did soe XXXXX XXXX, now ?shewed//

//unto him, sealed and delivered by the said Robert Petman George and Samuell Dancy as their Act//

//and deed beareing even date withe the said Indenture purporting a release or acquittance further//

//summe of one thousand pounds being the consideracon menconned in the precedent recited Indenture//

//and that the name of Beniamine Agar subscribed as a witnes thereunto is the pper hand writing of//

//this deponent//

//To the ffifth Interrie this deponent saith, That the defendent S:r James Oxinden did at the time of//

//the sealing and delivery of the Indenture and deed of release in ?his last deposition menconned//

//seale and as his Act and deed delivered one writing obligatory of the penall summe of Twelve//

//hundred pounds or thereabouts with a condiconn thereunder written for the payment of the summe//

//of sixe hundred pounds at a day certaine unto the said Robert Petman being parte of the//

//consideraconn money menconned in the said Indenture and in this Interrie XXXXX And this deponent//

//further saith, that afterwards by the order of the said Robert Petman and for his use hee did//

//receave of the said S:r James Oxinden the said summe of sixe hundred pounds menconned in the//

//conditionn of the said obligacon and that hee did pay the same to and for the use and order of the ??said//

//Robert Petman//

//William Johnson of Wingham in the County of Kent gent aged ffifty yeares and//

//upwards being sworne and examined deposeth as followeth//

//To the sixth Interrie this deponent saith That hee did by the order and apppointment of S:r James//

//Oxinden in this Interrie named pay unto George Dancy one of the defts the summe of ffower hundred//

//pounds menconned in this Interrie the day after that the defend:ts George and Samuell Dancy//

//did seale the assignement of the Lease of the ?scite of the Mannor of Adisham Court XXXX//

//JAM: HARDRES//

//JOHN CRANE//

//JOHN COPPING//

C22/955/10 f. 1 verso

//to the said S:r James and that the said ffower hundred pounds was parte of the consideraton//

//for the purchase of the said Lease of Adisham Court Lodge And further to this Interrie hee//

//deposeth not//

//In the eight Interrie this deponent saith That hee hath heard able workemen say XXX//

//this deponent doth upon his owne knowledge judge that it will cost the defend:t S:r James//

//Oxinden very neere three hundred pounds to repayre the Mannor house of Adisham Court//

//and the Stable and other the outhouses thereunto belonging ???Tennement and that the//

//same was soe out of repayre when the said S:r James purchased the same And further//

//hee deposeth not//

//JAM: HARDRES//

//JOHN CRANE//

//JOHN COPPING//

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Notes

Adisham Court

English Heritage lists Adisham Court as a Grade II building. See listing:

"Late C17 house of 2 storeys and attic red brick. Five gabled dormers. Tiled roof, eaves cornice and stringcourse. Casement windows with wooden mullions and transoms to those on the ground floor. Later gabled porch. Shaped gable ends north-west and south-east, the south-east one with a chimney breast with tumbling-in in the centre of it."

Check English Heritage records for "Adisham Court Farm"
Architectural gazeteers of Kent refer to as surviving brick building named Adisham Court

Records of the manor of Adisham Court survive in the Canterbury Cathedral Archives for the C13th and C14th

Edward Hasted, writing in 1800, stated that Henry Oxenden, bart., of Brome, was the present lessee of the Adisham court lodge and Adisham court demesne lands, of 700 acres, whereas the manorial rights, profits of courts, and royalties remained with the Dean and Chapter of Canterbury Cathedral. Ireland notes that "many of the family of Austen" lie interred in the parish church of Adisham.

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Adisham parish church

Monumental inscriptions in the parish church of Adisham, Kent, noted by Rev Bryan Faussett noted 1757:

"In ye North Transept on a Brass Plate on a Fl. Stone.
104. Here lieth ye Body of Valentine AUSTEN of this Parish, who died the 18th of December 1616, being of ye Age of 66 Years. Beati Mortui qui in Dno moriuntur."

"108. This Church is a very fair, ‘tho not large, Building, of Flints. It consists of a Chancel and Body, both cover’d with Lead (now tiled too) – and a South and North Transept, coverd with Tyle. The Tower stands in ye Middle. In it hang 4 Bells, with ye following Inscriptions.
1. Thomas PALMER made Me. Peter Du MOULIN, D.D. Rectr. of Adisham 1670.
2. Thomas PALMER made Me. Peter Du MOULIN, D.D. Rectr. of Adisham 1670.
3. Thomas PALMER made Me. Peter Du MOULIN, D.D. Rectr. of Adisham 1670.
4. Magdalena Campana Celis Melodia Nomen (I don’t understand it). [Really Nomen Magdalene Campana Gerit Melodie]."

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Peter du Moulin

See wikipedia article on Peter du Moulin (b.1601, d.1684)

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Possible primary sources

PROB 11/187 Evelyn 105-155 Will of Maximillian Dancey, Gentleman and Water Bailiff of Dover, Kent 10 December 1641
PROB 11/210 Fairfax 154-193 Will of John Du Moulin 06 December 1649
PROB 11/208 Fairfax 58-116 Will of Horton Drayton, Auditor and Register of Christchruch Canterbury, Kent 19 July 1649
PROB 11/227 Brent 110-165 Will of Valentine Austin or Austine of Adisham, Kent 19 August 1653

PROB 11/227 Brent 110-165 Will of George Petman, Yeoman of Egerton, Kent 27 June 1653