MRP: C 9/40/57 f. 6
C 9/40/57 f. 6
Abstract
Transcription
//The severall answer of Thomas Stanley (sic) gen:t one of the def:ts to the bill of complaint of S:r Henry Oxinden (sic) and S:r George Oxinden xxxxx XXXXX//
//The said def:t saving to himself all advantage of Exepccon and otherwise to the manifest imperfeccons and untruthes of the said Bill of Complaint for answerie so much of the said Bill as soxxxxxxxxxxxxx//
//materiall for him to answer unto, he saith that he doth not know that William Dalyson Esquire in the bill named was ever possessed of or in the B:ps place in Halling in the countie of Kent in the said bill menconed or of own ever//
//or annie lands tenem:ts or to orhereditam:ts in Halling and Snodland or annie other places in the said countie ?under xxxxxxxx (or assignm:t of a lease made by a former Bishop of Rochester for the terme of ninetie and nine yeares or annie other terme.//
//But this def:t hath heard and beleives this to be true that the said William Dalyson did marry Elizabeth one of the daughters of S:r James Oxinden K:t of the xxx father in the said bill also named but whether the said William Dalyson//
//for good or annie consideracions did xxxxxx in the ninyth yeare of King Charles the first or annie other time grant or Assigne to the said S:r James Oxinden the said Bishops place land and premisses for the ?resons and remainder of//
//the said terme of ninety and nine years if annie such lease or estate he had or for annie other time or which it was declared by annie deeds or deed that the said premisses were xxxx assigned upon severall or annie trust or confidences//
//for paym:t of debts owing by the said William Dalyson or to dischardge the said S:r James from all or annie debts or ingagm:ts entered into by him for the said William this def:t knoweth not neither doth this def:t know that the said S:r James//
//Oxinden in pursuance of the said pretended deed or deeds did afterwards surrender the said Bishops place & premisses and lease thereof for yeares or that he did take a new lease thereof to himself and his heires for and//
//dureing the life and lives of the said Elizabeth wife of the said William Dalyson George Kingsley & Thomas Baker in the said bill named or annie of them or of annie other by indenture dated June in the nineteenth of King Charles the xxxxxxxxxxxxxxxxxxxxxxx one thexxx ?same//
//hundred fortie and six or at annie other time did assigne sell or sett over unto the said comp:lt and to Henry Oxinden of Barham and Thomas Bromfeild in the said bill named or annie of them xxxxxxxxx of their//
//heires of the said Bishops palce lands and prmisses for the lives of the said Elizabeth Dalyson George Kingsley and Thomas Baker or annie of them or of the longest liver of them or annie of them or for annie other//
//estate or ?terme neither doth this def:t know that be annie deed dated in the twentie seven daie of March one thousand six hundred fortie and six or at annie other time the severall trusts intents and purposes//
//?or the xxxx supposed bargain and sale pretended to be made by the said S:r James Oxinden in pursuance of the said prtended deeds or annie of them supposed to be made by the said William Dalyson to the xxx//
//S:r James Oxinden in the ninth yeare of King Charles the first xx declared or expressed or that therein or in annie other deeds or writeing there is a proviso that if Maximilian Dalyson sonn of the said//
//William Dalyson by the said Elizabeth his wife should within tenn yeares or annie other time or terme pay unto Mary and Margrett Dalyson sisters to the said Maximilian Dalyson each five hundred//
//pounds, and if either of them dyed to the survivor of them eight hundred pounds and two hundred pounds to the said Elizabeth his mother or to such as she should lymytt the sume by her deed or//
//will then the trustes to stand seized of the premisses in trust for the said Maximilian and his heires as by the said bill is pretended But concerning the same and the said deeds and writings before menconned//
//if annie such their were or are and the matters in them conteyned he this def:t is entirlie ignorant and is as he conceiveth now way concerned therein, And as touching the paym:t of five hundred pounds//
//a peace to the said two sisters within tenn yeares after the twentie seaventh daie of March one thousand six hundred fortie and six by the said Maximilian Dalyson for their porconns//
//this def:t saith that in or aboute Julie one thousand six hundred fortie and nine there was an overture of marriage or match made by Mr. Barnabas Walsall then Maior of Rochester//
//and tenant to the said Elizabeth Dalyson as she was Guardian to the ?other of S:r Maximilian Dalyson ??? her son to be had and made between the said Maximilian Dalyson and ffrances this def:ts onlie //
// daughter and heire apparent to which purpose the said Walsall did write a letter to this def:t dated the nineteenth daie of July one thousand six hundred fortie & nine wherein interalia xxxxxxxxxxxx//
//xxxxxx while my landlady M:rs Dalyson was was at my house there was a overtures of a match betweene her only son and your only daughter my xxx in ffxxxxx in xxxxx pretty xxxxx Gentleman Esq to her xxxxx ?//
// sixteene yeares of age hath fowre hundred poundes a yeare landes, She requires only one thousand pounds to preferr his two sisters in marriage I am confident you will be much taken with the mother and the//
// son Also in another letter dated the fifteenth of November following are these words I am now requested by Mrs Dalyson to signifie her desires of a match betweene her son and your daughter the good//
// gentlewomern (sic) (the best of many thousand) is soe desirous of it y:t she maie perhapps desire some monie to advance her daughters marrags (sic) y:t And this def:t further saith that short therafter she//
// the said Elizabeth Dalyson to ?ys therwith her said son ?carr:t to this ?dispositions to treat aboute the match intimated as aforesaid and a treaty was xxxx accordinglie wherein the first//
//place the said Elizabeth demanded a thousand pounds to be paid unto her for the porconns of her two daughters Mary and Margarett whereupon this def:t although unwilling that//
//the said Maximilian Dalison (sic) her son should part with so much of his wifes porconn yet considering that the two sisters had no porconns left them by their father did consent and agree that the said one//
//thousand pounds should be paid to the said Elizabeth to make porcions as aforesaid for the said two daughters or which was so paid accordinglie by him the def:t for the use and behoofe of the said//
//Maximilian Dalyson whom the said one thousand pounds did xxxx belong it being part of his wifes marriage porccon And this def:t further saith that that in order to this paym:t of the said one thousand//
//pounds and performance of other covenants there were ?w:th letters of agrem:t indented dated the ninth of ffebruarie one thousand six hundred and fortie nine made betweene the//
//said Elizabeth Dalyson and her said son Maximilian of the one part and this def:t and his said daughter ffrances the only child and heire apparente to him this def:t of the other part//
//referred interalia it was agreed that the said one thousand pounds should be should be paid unto the said Elizabeth Dalyson in manner following viz:t fower hundred pounds xxxx xxxx xxxxxxxx the dated//
//of the said Articles and three hundred pounds within one yeare then next following and the three hundred pounds residue of the said one thousand pounds within the space of two yeares//
//and a halfe next comming after the date of the said Articles xxxxx said one thousand pounds he this def:t did paie or cause to be paid to or for the said Elizabeth Dalyson//
//upon the account afforesaid according to the time lymitted in the said Articles or within short time after to the satisfaction of the said Elizabeth Dalyson And//
//this def:t further saith that if the one thousand pounds were paid to the said two daughters Mary & Margrett for their porccons by the said Elizabeth Dalyson//
//xxxxxxxxxxx yet in ?’effect this same was paid by the said Maximilian Dalyson by the said one thousand pound part of his said wifes porccon granted and paid for//
//the same xxxx as aforesaid And where as it is all xxxx in the said bill of Complainte that the said Elizabeth Dalyson by her last will in writring beareing//
//date in or about the month of March in the seaventeenth yeare of his now maj:tie did will that the comp:lt S:r Henry Oxinden should renew the lease of the said Bishops place and//
//premisses in his owne name and and oute of the rents and proffits thereof should reimburse himselfe the money and interest expended for the renewall thereof and fiftie pounds to//
//be paid y xxxx to such person as Mary Smith daughter of the said Elizabeth Dalyson should appointe for her life and thirtie pounds to be paid xxxxx to M:rs Sara Wayman//
//then servant to the said Elizabeth for her life and and the then present lease and new lease to remaine in trust to and for S:r George Oxinden on xxxx xxx to one condiccon that was//
//case the said Maximilian Dalyson and his heires did or should at annie time pay to the said S:r George Oxinden the sume of one thousand and fower hundred pounds//
//then the said lease to be or to be conveyed to the said Maximilian Dalyson and his heires xxxxx with the said yearlie paym:ts as aforesaid This def:t saith that he verily beleives the//
//that either there was noe such will made by the said Elizabeth Dalyson or if annie were it was ??fraudxxxx and sussipiciouslie xxxed and ?wrested from her by the said Comp:lt S:r Henry Oxenden and//
//confederates for their owne ends contrarie to her own mynde and intenion And this def:t is moved so as to beleive upon this reasons, first for that by the articles aforesaid it was xxxxxx def:t and the//
//said Maximilian Dalyson (to gratifie the desire and ymportunitie of the said Elizabeth Dalyson) to acquit her this said Elizabeth of and from all accounts and paym:ts for rents received by her and//
//belonging to her said son by the space of seaven yeares before the date of this said Article being fower hundred pounds a yeare and upwards, for and in respect of the charges which she ?paid ?under//
//of the said Maximilian she having neither ??heard him at the the universitie or Inns of Court xxxx with the said ?? debts could not in the whole ammount to seaven hundred and seaven//
//By her laid out for reparaccons of houses and some other petty charges which considering the charges of those xxxx which were but xxxxx and inconsiderable and the xxxxxx of the educaccon of//
//upon this ???ffayershe got and acquired out of her said sons estate sixteen or seaventeen hundred pounds secondlie for that by the same Articles it was agreed that she the said Elizabeth should//
//be her said sons guardian from the time of the date of the said articles until his full age of one and twentie yeares and receive the rents dureing that time which was fower yeares and upwards and//
//at the full age should account and then pay the same unto himaccordinglie yet the said Elizabeth albeit she received the said rents during the said time which could not belesse than one//
//thousand pounds all xxx xxxx charges and expences deducted did never pay the same or annie part thereof to the said Maximilian so this def:t verelie beleiveth and as the said Maximilian hath //
//tould this def:t soe that she thereby became debtor to the said Maximilian and his said estate the sume of one thousand pounds more at the least Thirdlie for that the said Elizabeth has xxx as is//
//pretended made the said comp:lts Executors to the said will and declined the said Maximilian her own and only son and not onlie soe but hath given him nothing by the same will XXXX her xxx was//
//soe obedient to her and observant of her that he suffered her to keep in her hands out of his estate above two thousand pounds as aforesaid And albeit the said Maximilian Dalyson//
//was in the house where his said mother lay sick at the time when this said pretended will was made yet the said comp:lt S:r Henry Oxinden and his agents or some of them would not//
//this def:t hath crediblie heard suffer him the said Maximilian Dalyson to be present at the makeing of the said pretended will but as this def:t hath also crediblie heard and doe//
//beleive kept him out of the room where and whilst the said pretended will was makeing ??fferevently for that it is alledged that in the said pretended will it is menconned to be//
//delivered that if the said Maximilian Dalyson would pay unto the said Compl:t S:r George Oxinden unto whom the lease of the Bishops place and lands thereunto belonging was//
//pretended to be bequeathed the sume of one thousand and fower hundred pounds then the said lease to be or to be conveyed to the said Maximilian Dalyson and his heires//
//chargeable as aforesaid with fiftie pounds a yere to her said daughter Mary and thirtie pounds a yere to her said maid Sarah Wainman Now as he the def:t hath also credible heard and doth//
//whole xxxx of the said Bishops place and premisses doe not amount to and were not worth more above one hundred and fower score pounds xxxxxxxxxxxxxxxxxxx
//deducted the said fiftie pounds a yere and thirtie pounds a yere the Bishops yerlie rent charges of reparaconns of the Bishops place xxxxxxxxxxxxxxxxxxxxxxx
//buildings at this time very ruinous and in great decay for want of reparacons) as also xxxx charges of keeping the Bishops xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
//he this def:t doth conceive that the clear yearlie rent can not amount to or be worth above fiftie pounds xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
//and fiftie pounds which is seaven yeares purchase (there being but one life now in being xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
//son the said lease not worth above three hundred and fiftie pounds and nothing xxx upon that and is on to pay fowerteen hundred pounds xxxxxxxxxxxxxxxxxxxx
//xxxxxxxxxxxxx and contemptible and so dissonant from reason that for this was reason and those aforesaid this def:t doth verilie beleive that it is xxxxxxxxxxxxx
//make such a bequest and that therefore the said pretended will was not made by her But undulie contrived and framed by the said comp:lt S.r xxxxxxxxxxxxxxxx
//constd xx for their own particularlie ends and interests though to the great wrong and iniurie of the said Maximilian Dalyson And
//know or beleives that the said Elizabeth Dalyson did at annie time lend to the said Maximilian Dalyson severall or annie xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
//or money at London or els where for annie goods wares or xxxxxxxxx for the said Maximilian his wife or children xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
//Debt in th:t penall sum of two hundred or annie other penaltie to the said S:r Robert Wiseman xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
//with interest to him the said S:r Robert nor doth this def:t know or beleive that the xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
//amounts the sum of one thousand and five hundred
Doth this def:t know or beleive the said bill menconed or annie other money since the restauracon of his present mat:ie as by the//
//said bill of comp:t xxxx is maliciouslie and untrulie suggested neither doth this def:t know or beleive that the said Maximilian hath received severall or annie sume or//
//sum of money for wood of the said Elizabeth sould to annie person or persons or rents due to her the said Elizabeth which the said Maximilian did not account//
//for with the said Elizabeth in her life time and this def:t absolutlie denyeth all combinacons with the said Maximilian Dalyson to threaten to sue the said Comp:lts/ or M.r//
//Robert Raworth in the Bill of complainte menconed or to recover the said Bishops place and premisses for him the said Maximilian or annie other//
//cause what soever and this def:t absolutelie denieth that he the def:t hath in his custody annie other deeds concerning the premisses or annie parte of the said Maximilian xxxx//
//but what doe belong to him this def:t in order to the marrage betweene the said Maximilian and this def:ts said daughter and settlm:t and assurance concerning the same//
//And without that in the said bill of complaint annie other matter or thing contxxxxxx which concerns or is necessarie for this def:t to answer xxxxxxxxxxxx
//by this def:t sufficientlie answered unto confessed or conveyed trxxxxxxxxx or denyed or otherwise answered unto is xxx All which matters are to xx this def:t is readie to answer and xxxx//
//as this ho:ble ??Gowes shall Award & humbly praisth to xxx xxx dismist with his costs and charges in this behalfe very wrongfully susteyned//
//Three lines of Latin which I have not transcribed//
