MRP: C22/955/10 f. 2

C22/955/10 f. 2

Editorial history

27/10/11, CSG: Created page

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Suggested links

See C22/955/10 f. 1 (Depositions for the defendants)
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 page is a physical continuation of the depositions in C22/955/10 f. 1, although the depositions appear to have taken place prior to those of C22/955/10 f. 2.

The depositions in both documents deal with a dispute at Chancery between the complainant, Thomaszine Austen, a widow, and Sir James Oxinden, together with his fellow defendants, Robert Petman, George and Samuell Dancy (alias Dancey), regarding fifty eight acres of the demesne lands of the manor of Adisham.

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.

C22/955/10 f. 2 records depositions on behalf of Thomazine Austen by William Drayton, a 53 year old gentleman; Mary Cullen, the 50 year old wife of Anthony Cullen, a husbandman of Adisham, who was one of Sir James Oxinden's tenants on the demesne lands of the manor of Adisham, which he had leased from the Dean & Chapter of Canterbury; Robert Reynolds, a 55 year old yeoman of Adisham; and Peter du Moulin (b.1601, d.1684), doctor of divinity of French Huguenot origins, of Christ Church, Canterbury, who other primary sources show to have been rector of the parish of Adisham.

It emerges that Sir James Oxinden had been informed of Thomazine Austen's claimed right and title to the fifty eight acres demesne lands after he had contracted to buy the demesne lands, but before the sealing of the indenture, and that his reaction had been to say that he would expect an adjustment to the consideration as a result of this claimed right and title. It further emerges in the depositions that Thomazine had pressed her right and title to the fifty eight acres of the demesne lands of Adisham manor both with the Dancys and with the Dean & Chapter of Canterbury, and that the Dean & Chapter of Canterbury had requested that the Dancys renew the lease of Thomazine Austen. Sir James Oxinden subsequently leased out part of the demesne lands, the lease of which he purchased, but retained a substantial parcel of woodland.

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Transcription

//DEPOTICONN of witnesses taken at the house of Michaell ?Kite called the Shipp scituate in//

//the parishe of S:t Mary Bredman in the Citty of Canterbury the Seaventh day of January in the//

//nine and twentieth yeare of the Raigne of our Soveraign Lord Charles the Second noew Kinge of//

//England xr. before James Hardres Esq:r John Crane gen and John Coppin gen by virtue of a//

//commission issueinge out of his Ma:ties High Court of Chancery at Westminster to them and alsoe to//

//Richard May the elder gent or any three or two of them directed for the examinaconn of witnesses//

//in a cause there depending betweene Thomazine Austen widd Complt and S:r James//

//oxinden K:t Robert Petman George Dancey and Samuell Dancey defend:ts as followeth//

//WILLIAM DRAYTON of the precincts of the Pallace of the Archbishop of Canterbury in//

//County of Kent gent aged fiftie three yeares & upwards sworne & examinned deposeth as followeth//

//1. To the first Interrie this deponent saieth that he knoweth the pties Comp:lt & defend:ts and hath knowne//

//them for diverse yeares last past onely S:r James Oxinden whome he hath knowne about a yeare or there//

//abouts//

//2. To the second Interrie this deponent saieth that he knowes the scite of the Mannor house in this//

//Interrie menconned and further to this Interrie he deposeth not//

//3. To the third Interrie this deponent saieth that aboute the moneth of ffebruary or March last this//

//deponent had discourse with the defend:t S:r James Oxinden aboute the Comp:lts right to the eight and//

//fifty acres of land in this Interrie menconned And that this deponent did then at the house of S:r//

//Henry Oxinden in Wingham acquainte the said S:r James that the compl:lt Austen had right//

//to the said land by virtue of a decree in Chancery to which he replies that if she had that it was//

//reason he should have some consideraconn allowed him for it in his purchase or used words to that effect//

//And this deponent further saieth that he hath heard and beleeves that the said S:r James Oxinden had//

//contracted for the purchase of the demesnes of the Mannor in this Interrie menconned with the//

//defend:ts Samuell and George Dancey before that time and he further saieth that the writings for//

//the said purchase were sealed sometimes after the said discourse of this deponent with the said S:r James//

//Oxinden as this deponent hath heard and verylie beleeves And he further saieth that at the same//

//time he this deponent had discourse with the said S:r James the said Comp:lt was present and did//

//acquainte him that she had a right and title to the fiftie eight acres of land in this Interrie menconned//

//And further to this Interrie this deponent deposeth not

//To the fowereth Interrie this deponent saieth that he hath heard and verylie beleeves that the ??Compl:t//

//Austen hath pressed the defend:ts Dancey before they sould their lease and interest of the premisses//

//in this Interrie menconned to S:r James Oxinden to renew her lease And he beleeves that M:r//

//Paule Bassett at her request made applicacon to the Deane and Chapter of Canterbury//

//concerninge the same And he beleeves that the said Deane and Chapter did forbeare to seale//

//XXXXXXXXXXXXXXXXXXXXXXXXX

//of M:r Limpson and M:r ?Bereston with in this Interrogatorie named and to enter into a bond XXX//

//one hundred pounds to stand to their awarde And further deposeth not://

//MARY wife of Anthony Cullen of Adisham in the County of Kent husbandman aged fiftie//

//yeares and upwards sworne and examined deposeth as followeth://

//2. To the second Intrrie this deponent saieth That she knowes the XXXXXXXX house with XXX XXXX//

//menconned and pte of the demesne lands belonging to the ?said XXXXXXXXXXXXXXXXXXXXXXX?Intrie //

//this deponent deposeth not://

//3. To the third Intrrie she deposeth not//

// JOHN REYNOLDS of Adisham in the County of Kent yeoman aged fiftie five yeares and//

//upwards sworne and examined deposeth as followeth//

//1. To the first Interrie this deponent saieth that he knowes the Comp:lts & defend:ts & hath knowne them//

//for diverse yeares://

//2. To the second Interrie this deponent saieth That he knowes the Scite and greatest pte of the//

//demesne lands of the Mannor of Adisham in this Interrie mencconed And he saieth that he hath heard//

//that the said Mannor house and greatest pte of the said demesne lands is now lett by the said S:r James//

//Oxinden XXXX the case of XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX//

//yearely rent referred and payable to the Deane and Chapter of Canterbury And he hath heard &//

//beleeves that the said S:r James doeth now lett other pte of the said demesne lands to Anthony Cullen//

//at the yearely rent of five pounds And he further saieth that the said S:r James hath certaine//

//woodland pte of the said demesne in his owne occupacon but what number of acres this deponent//

//knoweth not neither what is the yearely value of the same but saieth that in publiquetaxes//

//uppon lands within the pishe of Adisham it is usually assessed at twenty pounds yearely And he//

//further saieth that he heard and beleeves that S:r Robert ??ffource (Or, ???ffence, OR, ffXXXX) and diverse other persons//

//doeth hold divers parcells of the said demesne lands but what numbers of acres or what//

//yearely rent is reserved or to whome payable this deponent knoweth not And further to//

//this Interrie he deposeth not//

//3 4 5 To the third fowreth and fift Interrie this deponent deposeth not//

//PETER DU MOULIN of thee pcints of Christ Church Canterbury dcorr in divinity aged//

//Seaventy seaven yeares and upwards sworne & examined deposeth as followeth//

//1. To the first Interrie this deponent saieth that he knowes the pties Comp:lt and the defend:ts S:ir James//

//Oxinden Robert Petman Samuell and George Dancey and hath knowne them for the space of ten//

//yeares or thereabouts//

//2. To the second Interrie this deponent saieth that he knowes the scite and greater pte of the demesne lands//

//of the Mannor of Adisham in this Interrie menconned but what the same is lett for by S:r James Oxinden//

//in this Interrie named this deponent knoweth not And further to this Interrie he deposeth not//

//3. To the third Interrie this deponent saieth that this deponent did at the Comp:lts request deliver from//

//the Comp:lt Thomazine Austen to the said S:r James Oxinden a letter written by her or her Councill//

//wherein this deponent supposeth the Comp:lt did acquainte the said S:r James Oxinden with her right &//

//title to the eight and fiftie acres of land in this Interrie mencconed And he further saieth that he//

//beleeves the said letter was soe delivered by the deponent aboute the time the said S:r James had//

//contracted for the pchase of the lands in this Interrie menconned And further to this Interrie he//

//deposeth not://

//4. To the fourth Interrie this deponent saieth that the Comp:lt did presse the defend:t George & Samuell Dancy//

//before they sould their lease of the p:rmisses to S:r James Oxinden in this Interrie named to renew her//

//lease And that the said Comp:lt did make applicacon to the Deane & Chapter of Canterbury concerninge//

//the same And he further saieth that the said Deane & Chapter did uppon renewinge the lease//

//to the said M:r Dancey?s presse them to make a lease to the said Comp:lt and further he deposeth not//

//5. To the fift Interrie he deposeth not//

//JAM: HARDRES[bottom RH side of document]//

//JOHN CRANE[bottom RH side of document]//

//JOHN COPPIN [bottom RH side of document]//

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Notes

The Austen family was closely associated with the parish and manor of Adisham. A genealogical secondary source suggests that the Austen family may have owned the manor of Adisham at at a time prior to the seventeenth century, and that the Austen family lived at Court Lodge, Adisham (there appears to be a typo in the web version of the article, which writes "Count Lodge"). This has not been verified through primary sources.

Thomazine Austen, the widowed complainant in this Chancery suit against Sir James Oxinden et al, mentions in her own deposition (C22/955/10 f.1) that the fifty eight acres of demesne lands in dispute had been the property of Vallentine Austin (alias Valentine Austen) (b.1550?, d.?1616), the father of her deceased husband. Her husband is not identified by name, but may also have been named Valentine, with a will of that name proved in 1653.

No acreage is given for the demesne lands purchased by Sir James Oxinden from Robert Petman, George and Samuel Dancy, but given the consideration of £1000 it is likely to have been substantial. Hasted noted in 1800 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.

No additional information is available for the three commissioners, James Hardres Esquire, John Crane gentleman, and John Coppin gentleman, who sat at the Ship tavern in the parish of S:t Mary Bredman, Canterbury, to take the depositions.

Peter du Moulin, one of the deposers on Thomazine Austen's behalf, was a doctor of divinity of French Huguenot origins. He was son of Pierre du Moulin (b.1568, d.1658), who was trained at Sedan, London and Cambridge, and who became prebendary at Canterbury Cathedral in 1615, a position Peter du Moulin later acquired. Peter du Moulin studied at Sedan, Leyden and Cambridge. A royalist, who published an anonymous riposte to John Milton, he held ecclesiastical positions in Leicestershire and Yorkshire in the 1630s and early 1640s, and became rector of Adisham in 1646, and in 1660 became a chaplain to Charles II and prebendary at Canterbury Cathedral.