MRP: C6/2/39 f. 1
C6/2/39 f. 1
Abstract
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Transcription
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//The severall answers of Gervaise Maplesden Esq:r one of the def:ts to the Bill of Compl:lt of Maximillian Dallyson (sic)//
//An Infant by Sir James Oxenden knight his Guardyan//
//The said Def:t nowe and att all tymes hereafter saveing to himselfe all advantage of Excepcon to the incertainty and insufficiency of the said Bill of Comp:lt sayth as ffolloweth Axxxx this Def:t//
//note that so is informed by his councell he is not bound to make ainie Answer therunto forasnuch as he said Comp:lt ?doth xxx in report of his infancy by ye said S:r James Oxinden//
//his Guardyan and Grandfather, whereas in truth the said Willyam Dallyson with in the Bill named to be his ffather ?as in full life unto whom the Guardyanshipp doth by ye Lawxx xthith//
//Kingdom’s inseparable belonge Nevertheless for a clear manifestation of the truth of soe much as concerneth this def:t to make Answere unto saith That he doth not know whether y:e//
//Comp:lt by vertue of anie Such Indenture as in in the Bill expressed be sized to him and the heires male of his body on of anie other estate whatsoever of & in the p:rmisses in y:e said xx//
//menconned & writed but this def:t saith that the said Willyam Dallyson the Compl:ts ffather xxxx as this def:t beleiveth seized of some estate of inheritance or of some other estate whereby//
//he was enabled to demise the same of & in y:e said xxx in Chattam & Gillingham in the Bill menconned w:ch xx ?County xxx only ffowerscore xxxx or thereabouts as this def:t xxxxxxxxxxx//
//xxx alsoe some tyme in the tenure of the said Sir Maximillian Dallyson but not at such tyme as in ye Bill is expressed as that def:t xxx xxx & he being soe xxx seized this def:t heretofore//
//had some communiccon with him touchinge the leaseing of the said p:remisses but this def:t did not at that tyme proceed to anie pfect agreement therein, And for asmuch as this def:t was a Stranger to//
//the estate and did not knowe ??have & xx xxxxx xxxx or downexxxx or XXXXX as or xxxx the said Willyam Dallyson had power to make and lease thereof for anie longer tyme & xx dureinge//
//his life this def:t did afterwards acquainte the said Sir James Oxinden with such intenton of the said Willyam Dallyson touchinge the leaseing thereof and forasmuch as xxx for//
//xxxx did xxxxxx the said Sir James Oxinden well to understand the estate of the said Willyam Dallyson by reason of the neare realton betweene him this defd:t did then desire the//
//said Sir James Oxinden truly to informe him whatxxx the said Willyam Dallyson power to make and lease xxxx for 21: yeares which must be good & vallide in lawe//
//whereunto the said Sir James Oxinden did make Answere that he had good Authority & power to make such a lease and that he might aswell make a lease thereof as he himselfe (the said//
//Sir James Oxinden ?meane xxx) could make of anie lands he had (or that this defed:t could xxx xxx lands he had) which xxxxx affirmaton of him the said Sir James Oxinden this defd:t xxx//
//to believe & soe still doth beleive that the said Willyam Dallyson must & had full power to lease the said woods for the terme of 21 yeares absolutely & not subject to anie determinaton by//
//the death of the said Willyam Dallyson, And after this defd:t concerninge through the xxxxx of the said Sir James Oxinden that he might safely deale for the said woods did xxx//
//to a fynall treaty and agreem:t to and with the said Willyam Dallyson And the said Willyam Dallyson by his Indenture beareing date on or about the 25:th day of April in//
//the tenth yeare of the Raigne of our Soveraigne Lord the XXXX Mat:ie that xxxx it in Consideraccon of an 100:li of lawfull English money to be paid Willyam Dallyson by y:e//
//defd:ts parte at or a little before the xxxxx of the said Indenture did demise to this defd:t all those his woodlands lyinge & beinge within the pishs of Chattham & Gillingham ?conteyning by//
//estimaccon ?80 acres be the more or lesse with all woods (word has been scratched out?) & underwoods pfitts & comodities thereunto belonginge, To have & to hold unto him this defd:t his executo:rs & assignes//
//from the ffeast of Saint Michaell the Archangell then next ensuinge the date thereof for & duringe the full and & terme of 21 yeares at or under the yearely rent of 4:s for xxxx//
//acre the same should conteyne by measure, As he the said Indenture to w:ch relacon beinge had and ready to be produced doth more fully appeare By ?vertue whereof this defd:t xxxxx//
//possessed of the premisses aforesaid And this defd:t doth denie anie confederacy or combynaccon to & with anie other of the defd:ts or that he doth anie wayes endeavour to defeate the compl:lt of
//his inheritance in anie the lands in the bill mencconed, neither doth he clayme anie estate in anie the said lands after xxx the residue of his terme to xxx in the said woodlands by//
//partie of the said Indenture of demise of that he hath gotten into his hands or custody or into the hands or custody of anie other pson by his XXXXX or consent all//
//and y:r deeds XXX XXX XXXX and evidence as touchinge the p:rmisses or and els them other then ?the indenture of demise before ?recited to him made of y:e said woodlands ?neither doth XXX//
//?defecte XXXX out an XXXXX that of his owne knowledge y:e said Willyam dallyson XXX conveyed anie wayes all or anie of y:e p:rmisses to anie pson or psons only XXX ?defects//
//saith he hath heard M:r Robinson one of the defend:ts ?affirm & say that the said Willyam Dallyson had conveyed XX to him y:e said M:r Robinson or to some pson or psons to XXX//
//?use & in trust for him by deede inrolled XXXX & XXXXX or some or one of them the reversion of the said woodland to him demised as aforesaid and some other pcell of y:e//
//said p:rmisses but what p:cells in p:ticular or for what estate this defd:t doth not remember neither doth he know of his owne knowledge that y:e said Willyam Dallyson hath made//
//anie ffeoffment leavyed anie fyne or fynes, or suffered anie ?Recoveries of y.e said Messuage and p:rmisses in y:e Bill menconned nor whether anie such were made leavyed or//
//suffered to w:ch y:e said Willyam Dallyson was pty And soth alsoe denie that he hath XXXXXX XX anie the Tymber trees therein growinge or beinge other ?than some few trees//
//of very small value w.ch were growing in y.e said wood lands w:ch this defd:t did cutt downe and XXX to be ymployed in y:e XXXX XXXXX of//
//XXXX past & ?Railes and then formed for y:e XXXX ?Way XXXXX through And saith that it ys true that by XXXX of y:e said lease to him made he hath cutt downe XXXXXX//
//for y:e same and for greate yearely rent without that that anie XXXX matter thinge or Cause XXXX all or effectuall XX y:e said Bill of Compl:t conteyned and herein or XXXX//
//not well & sufficiently Answered confessed or avoyded XXXX or denied XXXXXXXXXXXXXXXXXXXXXXX//
//& XXXX as this hon:ble Co:rt shall & will Awarde and therefore himself XXXX//
//wrongfully, XXXXXXXX//
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