MRP: C 3/429/50 f. 1

C 3/429/50 f. 1

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Transcription

This transcription ideally requires revision and additions, but the original is badly damaged and many words are illegible, 26/10/11, CSG

//The severall answers of William Dalyson Esq:r Defend:t
//of Thomas Stone Esquire Complaynant//

//The said Defend:t saveing to himself nowe and at all times hereafter all Advantages of excepcon to the manifold incertainties and insufficiencies of the said Bill of Complainte for answer to soe much thereof as concerneth him this defend:t xxxx saith that true it is ?that [Several words cut off in missing corner]//

//Maximilian Dalison in the said Bill of Complainte named and ffather of this def:t was in his life time lawfully and rightfully seized in his demeasne as of ffee and in all the Messuages Lands Tenem:ts and hereditam:ts in the said bill of Complaint mencconed and of [?four words cut off in missing corner]//

//and hereditam:ts lying and being in East Guilford Chatham Ludsdowne and Heaviehatch in the County of Kent and Sussex and possessed of divers Lands and Tenem:ts and of a Lease had from the Bi:pp of Rochester in the County of Kent for Eighteene yeares and xxx halfe xxx ??yeeres ?then ?to [last word is illegible] //

//of the same or thereabouts at the time of the decease of the said S:r Maximilian Dalison lying and being in Snodland Halling Waldeham and Cuckstone in the said County of Kent and dyed thereof seized and possessed as in the said Bill of Complaint xx to is sett forth [last word is illegible]//

//left all his said Lands Tenem:ts and hereditam:ts wherof hee dyed seized as aforesaid to discend (sic) and come unto this def:t William Dalison as sonne and next heire of the said Sir Maximilian Dalison for anything this defend:t knoweth to the [?four words are illegible]//

//that the said Lease and Terme for yeres was of and in divers Lands and Tenem:ts scituate lying and being in Snodland aforesaid That is to say one peece of Land conteyning by estymaton Nyne acres lying in ithe ?psonage feilde there [?four words are illegible]//

//of Land lying in the said feilde to the Church way against the South And of and in the ffarme called the haule yarde w:th the Barnes stables and howses w:thin the same and divers Lands meadowes pastures and Marshes to the M??annor [?two or three words are illegible]//

//belonging And of and in Tenne acres of arable land in one peece lying in the feilde of Snodland And of and in one peece of Land called Bi:pps rode (or rede) lying in Snodland aforesaid And of and in all that meadowe called the fresh ??meadowe [?two Illegible words]//

//by estymacon Seaventeene acres w:th all the reede and reede ground aswell w:thin the walls as w:thout lying in Snodland aforesaid And of and in all that ground called the ?upp Parke (or Parte) of Halling lying in Halling aforesaid conteyning by estymacon [?two Illegible words]//

//[?two words are illegible] as was and of and in and of and in one other peece or pcell of ground or woodland lying in Halling aforesaid conteyning by estymacon Nyneteene acres w:th all wood and Underwoods to the said two peeces of ?ground called the upper ?Parte of Halling ?outXX [?three Illegible words]//

//XXXXX xand XXXXXX and all other proffitts ariseing and Comeinge of the same And of and in Twenty acres of Land w:th a high way of twelve foote broade in Snodland aforesaid lying in a feilde there called Colemans feilde and ?of [?three or four Illegible words]//

//??att ?arable ?and ?conteyning by estymacon Eighteene acres of land in Snodland aforesaid in ?Harold Deane there And of and in two acres of meadows and Reede ground lying and being in Ketisham in Snodlande aforesaid And of and in the [?three or four Illegible words]//

//Bishopps place in Halling aforesaid w:th howses buildings dovehowses yards gardens and of and in divers Lands Marshes pastures and meadowes lying and being in Halling and Snodland aforesaid or one of them And of [?three or four Illegible words]//

//called Halling fferry in Halling aforesaid and Waldham in the said County of Kent And of and in one half acre of Wood yerely to be taken in the parish of ?Buckstone (or Cuckstone) in the Wood called the ?North wood for [?three or four Illegible words]//

//S:r Maximilian Dalison dyed possessed about the time in the said Bill of Complaint sett forth And that the said Lease and terme for yeres by lawfull meanes came to this defend:t from his said ffather And that this defen:dt [?three or four Illegible words]//

//Lands Tenem:ts and hereditam:ts before mencconed entred after the death of his said ffather whereof hee was soe seized and possessed as aforesaid And for ?divers yeres this def:t def:t tooke the rents yssues and proffitts thereof [?three words which are illegible]//

//became indebted unto the Comp:lt the some of ffowre hundred pounds by Statute Staple And about the time in the bill of Complaint menconed ? by this defend:t in Consideracon of Seaven hundred and Tenn pounds (XXX) XXXX//

//hundred pounds was ?pcell) to him xx and by the Complaynant did w:th generall Warrantye xxxx unto the Comply:t and his ?heirs foreever certain Messuages or Tenem:ts buildings Orchards and gardens w:th [?four or five words illegible]//

//the XXXXX belonging scituate lying and being in or neere the Citty of Rochester in the said County of Kent That is to say all that Messuage or Tenem:t w:th thappurtenance called the White hart Inn scituated in the said Citty [?three words missing]//

//thereunto adioyning and his out howses stables gardens & ditches and buildings thereunto belonging now in the xxxxxx of [space left by original scribe in document] Groome widdowe or heir assignes and the Tenement and peece of ground called the ??Tye [?two or three words illegible]//

//thereupon built scituate and being w:th in the said Citty ??ynoth in the holding or occupacon of Barnabas Walsall or his assignes ffive severall Tenem:ts late in the ?tennance (?tenure?) or occupacon of Elias Blackett and XXXX of one XXXXly [?surname illegible]//

//that one Messuage or Tenem:t and gardens XXXX or occupaton of Ambrose Groome of his assignes and nowe Barnabas Walsall or his assignes And alsoe certaine Lands lying and being in S:t ?Margarett [?two or three words illegible]//

//Rochester in the terme or occupacion of [one illegible word] Morland or his assignes And allthose Tenem:ts in the [one illegible word] ??demised to Robert ?Stredde late in the occupaton of Robert ??Benson And all those Two Messuages or ??tenem:ts [?one or two words illegible]//

//and orchards to the XXXing XXXXXXXXXXX of and XXXXXX w:thin the ???prcincts of ??Rob:t XXXXXX XXXX said Citty late in the ?tenure or occupaton of John Hagg?ett the Messuage or Tenem:t and garden in the said [?one or two words illegible]//

//??said lands in the occupaton of Robert XXXXX ?And ?W:m ??thoXXXXX XXXX Tenem:ts XXXXXXXXXXXXX and pish att or neere XXXXXXXXXXXXX
RH PART OF LINE TO COME

//in the said Citty late in the occupacon of [?two words missing due to wear and tear] And[?four words missing due to wear and tear] pformance of XXXXX XXXX grannt
XXXXX conteyned in the said conveighance XX this def:t XX to and for passing for the use [?two or three words missing]//

//THIS LINE SEEMS TO BE DISPLACED XXXXXXXXX ??heaven key late in the ?tenure XXXXXXXX XXXX ?WXX and of and in that Messuage [?three or four words illegible]//

// and dischargeing of the premisses XXXXXXXXXXXX

He this def:t entred into a bond of one Thowsand pounds unto the Comp:lt Sealed and ?delivered in XXXXXXXXXX//

//that this Def:t was by xxxxxxxxxxxx

The premisses in Rochester for the dischargeing of the said ffower hundred pounds to the Comp:lt And as xxxxxxxxxxx//

Upon said prmisses trusted w:th his estate) had and received all or ?the most parte thereof xxxxxxxxxxxxxx//

//xxxxxxxxxxxxxxx

and this defen:dt saith that hee had not beene xxxx unto xxth ?defend:t to sell his xxxxxxxxxxxxxxxx

//xxxx

Xxrriage porton w:ch this def:dts wife Elizabeth daughter of the said S:r James Oxinden (sic) And xxxxxxxxxxxxx//

//xxxx

That Sir James Oxinden had given ?out in xxxxxxxxxxxxxx that the defend:t had but an estate for life as ?they xxxxxxxxxxx//

//xxxx

Said that xxxxxxxxxxxxx since this defend:t to make him some such good assurance as should reasonably be directed by xxxxxxxxxxxxxxxxxxxxxxxxxxx//

Of one Thousand pounds against this def:t but w:ch the defend:ts answered that hee xxxxxxx to make noe better assurance to the xx xthan formerly hee had done for that xxxxxxxx//

//at the time of the said ?purchase had xxxxx it and an absolute estate of Inheritance in ffee simple to the defend:t xxx from his said ffather Whereby hee might lawfully sell and convey the premisses unto the Complayn:t parte of xxxxxxxxxxx//

//defend:t there knew or ever heard to the contrary, And Shortly afterwards the Compl:t paid the said bond against the Def:t And that soe soone as the said Sir James Oxinden heard of the ??signing/ Or sealing of the said bond hee ?can [?two or three words are illegible]//

//and pformance [one word illegible] to trust him w:th this def:ts estate and to assigne over in trust unto him the said Lease grannted from the Bi:pp of Rochester for p:reventing of all dangers w:ch might ensue against this def:ts inheritance and ??Lease [?one word missing]//

//case the Comp:lt should gett Judgem:t uppon his said bond And after wards the said S:r George Theobalds to the same purpose ?solicited this def:t to assigne over all his Interest in the said Lands and Tenem:ts whereof this def:t had  ?a ?Lease//

//of the said Bishopp unto the said Sir James Oxinden and pswaded this defend:t to make over the same interest to his ffather in Law Sir James Oxinden (and that theis Defend:t being seized of an estate of Inheritance in ffee simple [?four or five words illegible]//

//ffather of divers Landes and Tenem:ts in East Guilford in the County of Sussex of the yerely rent of one hundred and twenty pounds would make Lease thereof unto S:r William Culpepper Baronnett for threescore yeres ?or thereabouts for XXXXall profitts//

//of the Lands of Inheritance aforesaid and the said Lease grannted from the said Bi:pp should be seized and extended uppon the said Judgem:t unto all w:ch this def:t agreed and made the said Lease for threescore yeres unto the said Sir W:m Culpepper the sXXXXX in//

//East Guilford and assigned the said Bi:pps Lease unto the said Sir James Oxinden and all this was done after the Comp:lts ?said purchase aforesaid made from this defend:t and after the said Judgem:t of one Thousand pounds obteyned and for the assignes of the said ??Culpepper XXXX//

//this def:t by Indenture beareing Date the Sixteenth day of Aprill in the Nynth yeare of his nowe Ma:te reigne assigned all the last recited premisses whereof hee was possessed from the Bishopp of Rochester aforesaid unto the said Sir James Oxinden [one short word illegible]//

//any Consideraton paid to this defend:t for the same w:th intent and purpose xxxxxx that the said Sir James should receive the Rents issues and profitts thereof for this def:ts ??sole xxxx and xxx benefitt in ??ye ??behoofe of And this defend:t saith that the said grannt or assignem:t [one word illegible]//

//of the said Bi:pps Lease unto the said Sir James Oxinden was at the time of the makeing thereof ?unto dated and made to bare date before the Comp:lts said purchass
XXXXXXXXXXXXXXXXXXXXX ent ?did to bee done by this def:t XXXXXX only ?for him XXXXXXXXXX//

//otherwise w:ch said Lease of the Lands in East Guilford is come to the hands of Henry Oxinden Esq:r sonne of the said Sir James Oxinden by guift grannt or assignem:t and  ?hee receiveth the Rents yssues and proffitts thereof and hath soe done for XXX sixe yeres [?one or two words illegible]

//THIS LINE IS OUT OF PLACExxxxxxxxxxxxxx xxgement xxx to one done by this def:t in trust only for him xxxx//

//XXent giveing this defend:t satisfacton or rendering him any accompt of the rents yssues and proffitts thereof soe thXXly all the trusts aforesaid XXXXXXXXXX and ?that XXX his XXXX being??psons in the XXXXXX he did not XXXXXX//

//for want of meanes Liberty to sue for releife And they the said Sir James Oxinden & Sir George Theobalde haveing xxxx??lawfull meanes to XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX the XXXXnary for XXXXXXXXXXX of the howse and XXXXXXX still doe keepe ?him  ?w:th [?two words illegible]//

//XXXXXXXXXXXXXXXXXXXXXXXXXXXXX some severall ??debts XXXXXXXXXXXXXX this defend:t is XXXXX to doe if hee could recover the benefitt of his owne estate xxx Sir James Oxinden and Henry Oxinden XXX the def:t ?saith for himselfe & ?speak that [?three or four missing words]//

//[?five or six illegible words] & honest dealeing ?knoweth the Comp:lt That this def:t earnestly desireth there may some XXXX course be taken whereby the Comp:lt may [?ten words missing]//

//[?three or four illegible words] Xxxbreth that when the said bond of one Thousand pounds was put in ?suit the said Sir George Theobald under the XXXXXXXXXXX on thXXX def:ts behalfe [?eight to ten missing words]//

//xxxxxxxxxxxxxxx to stay the Comp:lts proceedings at Lawe hath all intent to pvent the Comp:lts remedy upon his Judgem:t against the said Inheritance & Leases And XXXXthat the said xxxxxxxxxxxxxxxxxx//

//[?one word illegible] ?upon the said Judgem:t And this def:t therefore is willing that the Comp:lt may not suffer nor be any wayes at Losse by this def:t And is likewise willinge and humbly desireth that by the releife of the hon:ble ?J.st the said Sir James Oxinden xxxx//

//??sd Henry Oxinden XX may be compelled to make all satisfacon to the Comp:lt one his behalfe for this def:t well know that if hee were instly and truely dealt w:th by Sir James Oxinden and Henry Oxinden concerneing the Rents & proffitts of his said xxxxx//

//then there [?three or four words illegible] sufficient remayning to pay this def:ts debts and yeeld mayntenance to him and his wife and children And this def:t denieth that hee ever knew or heard of any conveyance to be made by his said ffather S:r Maximilian Dalison to any xxxxxxxxxxx//

//have this def:t of an estate of Inheritance in ffee simple discendible uppon him after his said ffathers decease untill long tyme after this def:t had made sale of the said Lands & Tenem:ts in Rochester xxxxxxxx//

//& repayeing in & about the prmisses soe purchased as aforesaid and w:th the purchase money aforesaid as hee beleiveth very neere Nyne hundred pounds And this def:t saith that hee hath none of the ??evidence writeinge deeds xxxxxxxxxxxxxxxxxx//

//the premisses but beleiveth them to be in the custody of Sir James Oxinden or some other by his appointment or in Elizabeth this defts wife And this def:t trulie saith that the said Sir James Oxinden hath since the ffeast day of of the xxxxxxx aged xxxxxxxxxx//

//Mary in the yere of our Lord god one Thousand six hundred Thirty and ??Three received out of the xxxxxxxxxxxxxxxxx and proffitts of the def:ts Lands and Tenem:ts w:ch this def:t xxxx him xxxxxxxxxxxxxxxx//

//??Tenem:ts in Halling Snodland Kitisham Waldham and Cuckston yerely the some of two hundred fifty and sixe pounds xxx xxxxfrom the said ffeast for XXXXXXXXXXXXXXXXXXXXXXXXXXXXX//

//THIS LINE HAS BECOME DISPLACEDxxxx premisses tenem:ts xxxxxxxxxxx//

//xxxxxxxxxxxxxxxxxxxxxxxxxxxx last past were xxxxx of the Rents issues and proffitts XXXXXXXXX of this def:t XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX//

//xxxxxxxxxxxxxxxxxxx accounting for Sixxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx that S:r James Oxenden xxxxxxxxxxxxxx Henry Oxenden w:th the def:ts estate xxxxxxxxxxxxxx

//xxxxxxxxxxxxxxxxxxxx aforesaid xxxx that this def:t xxxxx??conceiveth x they would in xxx and for the paym:t of the xxxx debts w:ch hee ever entreated them should bee discharged and before that ?soone xxxxxxx//

//xxxxxxxxxxxxx/iust

//
And for his sole benefitt and xxx of & behoof w:thout xxxx or yyyyy had to this defend:t and

//
From the xxx xxxx for xxxxxxxxxxx Complxxxx the xxxx time of xxxxx poundes xxxxxxxxxx

//
Came to his hands merely in trust for this def:ts sole & xxxx benefitt & xxx lying & being in East Guilford Xxxxxxxx
//
Xxx this def:t to trust the said S:r James Oxenden xxxxxx and Henry Oxenden w:th the def:ts estxxxx xxxxxxxxxxxxxx//

//
The paym:t of this def:ts debtts the w:ch hee ever entreated them should bee discharged and before that ?some xxxxxxxxxxxxxxxx//

//xxxxxxxxxxxxxx

Saith that the said S:r James Oxinden after the said assignmen:t had xxxxxxxxxxxxxx
Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx//

//xxxxxxxxxxxxxxx

Lease of the Reverend ffather in XXX xxxxxx then Bishopp of Rochester xxxxxxxxxxxx//

//xxxxxxxxxxxxxxxxxx Sir James Oxinden and for his sole benefitt and xxxx of w:thout xxxx or relacon had to this defend:t And the said Sir James Oxinden by ?some shew of hath ever since xxxxxxxxxxxxxxxxxxx//

//xxxxxxxxxxx and the said Bi:pp hee the said S:r James Oxinden hath xx by xxx for his sattisfacon out of the Rentes yssues & proffitts of the same Lands & Tenem:ts ever since xxxx Lease taken by the said S:r James Oxinden xxxxxxxxxxx//

//xxxxxxxxxxxx def:t in the said xxxx and done what pleased xxxxxxxxxxxx makeing the def:t privy thereunto And this def:t xxxxxxxxx that Maximilian his sonne was not xxxxxxxx att the tyme of the Comp:lts purchasing xxxxxxxxxxxxxx//

//xxxxxx any other ?place xxxxxx to his sonne Maximilian then him this def:t xxxx in his ffather this def:t saith that there is a xxxx xxxx & xxxxx dye therein by the said S:r James Oxinden

//xxxxxxxxxxxxxxxxxxxxpromisseth his wayes in of xxxx xthis to supplant him &xxxx him to come (And this defend:t utterley denieth that hee ever gave out in secret xxx that hee had not an absolute estate xxxxxxxxxxxxxxxxxxx//

//xxxxxxxxxxxx?the ??other xxxxx of the Comp:lt purchase of xxx def:t for that this defend:t never knewe to the contrary But saith that at the tyme of the compl:ts said purchase of ye premisses xxxx

// xxxxxxxxxxxxx of an absolute estate of inheritance in ffee simple to him & his heires ??dischargeable from the said S:r Maximilian Dalison his ffather and of and in xxx Lands & Tenem:tsxxxxxxxxxxxxx in Chatham xxxxxxxxxxxxxxxxx//

//in the said County of Kent & Sussex And for the estate of Cxxx & ?Pxxxxxx the Compl:t of the ??possession of the Landes & Tenem:ts in Rochester by him purchased as aforesaid ?that this def:t ??abjureth that the ?true [?two or three words illegible]//

//xxxxxxxxxxxxxxxxxxxx
fitt

And ?hee is ready and willing to bee of best of ??assistance xxxxx xxxxxxxxxxxw:thout that any other matter or thxxx in the said ?Bill of ?Complaint conteyned materially & xxxxxxxxxxxxxxxxx//

//xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx is true to the knowledge of this def:t All w:ch matters and things this def:t is ready to averre and prove as ?this ?hono:ble ??Court//

//XXXX and Humbly prayeth//

//??Jn: XXXX MXXXXXX// [Lawyers name (unreadable)]

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