MRP: C 9/40/57 f. 7

C 9/40/57 f. 7

The two images of this folio are poor and this needs to be reimaged to enable completion of the transcription

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Transcription

The severall Answer of Maximilian Dallyson (sic) Esq:r one of the def:ts to the Bill of Complaint of S:r Henrie (sic) Oxinden & S:r George Oxinden Kn:t Comp:lts

//XXXX said def:t saveing himselfe now & at all tymes hereafter all advantage of expressons to the incertainties & insufficiencies of the said Bill of complaint for answer thereunto or soe much as concerneth him to answer unto xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

//XXXX & But otherwise knoweth not that William Dalyson Esq:r this def:ts late ffather in the said Bill named xxxxx in his xxst tyme posset of & in the Byshops place in halling in the Countie of Kent & divers lands Tenem:ts & hereditam:ts xxxxxxxxxxxxxxx

//The said Countie under some grant or assignm:t of a Lease made by a former Byshop of Rochester for the Terme of Ninety nine yeares but what estate terme or Interest he had therein the def:t knoweth not And this def:t xxxxxxxxxxxxxxxxx
William Dalyson Esq:r//

//Marrie Elizabeth one of the daughters of S:r James Oxinden kn:t the said Comp:ts ffather But whether this def:ts said ffather for anie consideraccon Did in Aprill in the ninth yeare of the raigne of King Charles the first or at anie other tyme grant or xxxxxxxxxxxxxxxxx
the said Byshops place//

//Lands and premisses for the residue & remainder of the said Terme of Ninetie and Nine yeares or for anie other Terme or whether it was declared by anie Deed or deeds that the said Byshops place Lands and premisses were assigned upon xxxxxxxxxxxx
for paym:t of annie debt &//

//Debts owing by the said William Dalyson or to dischardge the said Terme of Ninetie and Nine yeares or for annie debts or ingagem:ts by him given or enterd into for the said William Dalyson this def:t knowth not but hath reason to beleive that the debt of his said xxxxxxxxxxxxx
ingagem:t of the xxxxx xxx//

//James Oxinden for him if anie such were xxxx or ought to have beene ?paide dischardged by him in lieu & recompense of a mariage porccon to & with the said Elizabeth his daughter this def:ts Mother for other porcon she had not for ought xxxxxxxxxxxxxxxxxxxxxx
were they soe great//

//Xxxxx as to amount to anie considerable porcion to be given with his said daughters to this def:ts ffather considering this def:ts Mother did deserve a competent mariage porccon as well as her other Sisters And if anie debts or ingagem:ts by or for this xxxxxxxxxxxxxxxx
& xxxx by ?thesaid//

//S:r James in lieu or out of his said daughters porccon (as in reason it should) then had more beene & now need for this def:ts said ffather to have assigned to the said S:r James Oxinden the said Lease for ninetie & nine yeares in case he had xxxxxxxxxxxxx
that power soe to bee//

//Neither was there anie need or reason (as this def:t conceiveth) to take anie new lease of the premisses during the continuance of the said Lease for Ninetie nine yeares as there being at that tyme (as appeares by the Compl:ts owne showeing) ????such xxxx yeares to come in the said lease for//

//Ninetie & Nine yeares and as this def:t hath crediblie heard & beleiveth but that the same might have remained to this def:ts ffather & his heires in whose names & familie the same had beene & continued in peace & quiet tyme out of ?mind & soe xxxx xxx (at least raise in xxx//

//Good measure were it not disturbd & molested by the said Compl:ts who if they pleased might for beare this xxxxxxxxxxxx & ??anniversarie suite which with others of like nature cannot but tend to destroye & bring to ruine him this def:t & his familie xxxxxxx in a great measure alreadie//

//Donn by some of their relaccons in working upon his over easie nature in his tender yeares before he understood himselfe or what he did As is evident by his easie condiscending to his Mothers request to be acquited of making an accomp:t for ??the xxxxx xx received of the def:t from the tyme of his//

//Ffathers death unto the tyme of the agreem:t of the match betweene him this def:t and ffrances his now wife (which was seaven yeares or nere thereabouts & his rent xxxxxxxxxxxx besides ffiftie pounds a yeare at least out of this def:ts lands of Inheritance xx Halling xxx more than by her pretended//

//Joynture she had right to doo about ffower hundred & ffiftie pounds a yeare in lieu of the chardges she alledged she had beene at in recovering a part of this def:ts xxxxxxxxxxxxxxxxxxxxx ??ate & some other chardges for his maintenance & bringing up & reparaccon xxxx &  ?building And although his thxxx//

//Deft:ts said rents for seaven yeares amounted to Three Thousand one hundred and ffiftie pounds at the least yett this def:t doth verelie beleive that shee (this def:ts mother) could not expend for his use & behooft during the said Terme of seaven yeares xx he caused for xxxbecause xx above seaven hundreed//

//Pounds at the most And beside there haveing??received this def:t said rents by xxxxxx of ffower yeares after this def:ts marriage viz:t untill he had attayned the age of one & twentie yeares which did amount to one thousand & eight hundred pounds at the xxx yett did she not accompt for the//

//?terme or paie annie thing in lieu thereof to this def:t Albeit by articles under her hand & seale shee did agree to make an accompt to him this def:t for the same at his age of one & twentie yeares soo that by a reasonable calculation she xxx & became indebted to xx by the yyy mencconed xxxxxxxxin the sume//

//Of Three Thousand Three hundred & ffiftie pounds at the least And besides this def:ts said Mother had & received of the Ladie Goswells goods (this def:ts Aunt) at or shortlie after the tyme of her death the summe of one Thousand pounds in monie or neer therunto in goods & xxxx above one//

//Thousand pounds more which shee often promised to give & leave to him this def:t & his family but he or they had not the same or annie part thereof but (as this def:t beleiveth) all went a wrong waie videlict to the familie of the Oxindens their agents & ?confederates xxxxxxxxxxx w:th goods & householdstuffe//

//of a great value which ?never (or ?need) formerlie the goods of S:r Maximilian Dallyson this def:ts Grandfather which coming in to the hands & possessions of his said mother were (as this def:t hath heard) undulie gotten from her by some of her owne familie & relatons the xxxxxxxxxxxxxof the ?mare at this tyme//

//in their possession & use as this def:t verelie beleived And yett asif these damadges & wrongs were not sufficient the said Comp:ts goe about & endeavour (as much as in them lies) to gett from him this def:t the ffarme called Chatham farme in the said xxxxxxxxxxxx being the antient Inheritance//

//Of hisAxxxxxxxxxxxxx worth ffifeene or sixteene hundred pounds or old ffowerteene hundred pounds in lieu thereof And this def:t further saith that he hath heard but otherxxxx knoweth not that the ??said S:r James Oxinden did xxx desires xxx obteyne a Lease from the ?then//

//Thomas Baker & the longest liver of them But this def:t saith withall that the said the said S:r James & his heires for & during the life & lives of the said Elizabeth this def:ts Mother George Kemsley & Thomas Baker in the said Bill named And this def:t xxxxxxxx but her xxxx knoweth not//

//That the said S:r James Oxinden did Afterwards assign & sett over unto the Comp:ts S:r Henry Oxinden & to Henrie Oxinden of Barham & Thomas Bromfeild in the said Bill named & their heires the said Lease & premisses for the lives of ?these xx Elizabeth Dalyson xxx George Kemsley &//

//Thomas Baker & the longest liver of them But this def:t saith with all that thesaid S:r James Oxinden had noe need nor reason at that tyme to surrender thesaid Byshops place & premisses & lease thereof for yeares in case he had xxx xxx being then soe xxx//

//Yeares to come of the said Lease for ninetie nine yeares as this def:t hath heard which was a tyme more than sufficient to xxxxx & dischardge the said S:r James Oxinden of his claymed debts & ingagem:ts for the said William Dalyson this def:ts ffather out of the rents of the said//

//Premisses if annie debts were owing by him And this def:t hath heard that by some deed or writing made betweene the parties there are such severall trusts conteyned therein as in the said Bill is for that purpose menconned & that there is therein also a proviso that if he this def:t//

//Should w:th in Ten yeares after paie unto Mairie & Margrett his two sisters to each ffive hundred pounds & that if either of them died then to the survivour of them Eight hundred & two hundred to the said Elizabeth his Mother then the Trustees to bxx xxx of the xxx in trust to the//

//Xxx of him this def:t & his heires And this def:t saith that in case annie such trust there were That in performance of the said last recited trust Thomas?gent. the other def:t whose daughter he this def:t marryed did paie unto the said Elizabeth Dalyson this def:t xxx & for & in the//

//Behalf of & with the consent of him this def:t the summe of one Thousand pounds which was part of his this def:ts wives porconn which did wholie belong to him this def:t to satisfie the said porconns for his said two sisters & for noe other intent or purpose whatsoever xxxxxx saith that he//

//Hardlie beleive that the said provisoe if annie such there was or is was annie other than a snare laid to catch him this def:t thereby to deprive him of haveing annie interest in the premisses for that at the tyme of making of the deed wherein the said proviso is ?conteyned the summe of xxxx by the ?said//

//Bill being dated the seaven & twentieth daie of March one Thousand six hundred ffortie & six he this def:t was but Twelve yeares old soo that during nine yeares after he was in his nonage & did not know or had annie sense of that affaire but beleiveth his mother was soe  ?careful a Gxxxxxxxx//

//As by his said one Thousand pound porccon to deliver him out of that snare as aforesaid And this def:t absolutlie denyeth that with the knowledge or consent of him this def:t the said Elizabeth Dalyson his Mother did surrender to the Byshop of Rochester for the tyme being the xxxx//

//In the said Bill of complaint menconed & take such new Lease of the premisses of the then Byshop of Rochester in the name of Robert Raworth Esq:r in the said Bill named & his heires for such xxxx & upon such trust as in the said Bill is for that purpose expressed & otherwise for this def:t saith that in case he xxxxxxxxxxxxxxx//

//Thereunto yett had he noe reason to consent to the same to deprive himself & familie of their just right & title to the said Byshops place landes & premisses he this def:t haveing as he humblie conceiveth a just right & title to the premisses not xxxxxxxxxxxxx

//His said ffather & Grandffather w:ch he hopeth in tyme to make appeare but by virtue of the said deed of Assignm:t in the said Bill mencionned to be made in March one Thousand six hundred ffortie & six by the said S.r James Oxinden xxxxxxxxxxxxxxxxx

//Hath dearely paid thesaid summe of one Thousand pounds as aforesaid And this def:t might well suffer verie much in and concerning his estate in as much as not onelie the mannie deeds & writeings of the same w:ch were in the possession of xxxxxxxxxxxxxxxx

//Said sonn William Dalyson & soe into the hands & possession of the said def:ts Mother but also all other deeds s?urrendered & ?new leases from the Byshop of Rochester for the tyme being (touching & concerning the premisses & this def:ts estate xxxxxxxxxxxxxxx

//The said S:r James Oxinden & his familie had not onelie the perusall & use of them at their will & pleasure to helpe them to compasse their owne ends by depriving this def:t of a great part of his estate as aforesaid But also this def:t xxx by ?want xxx

//himselfe or his owne estate & to defend the same against such pretended xxxx unjustlie thereunto And this def:t further saith that he hath reason to beleive that either his Mother made noe will at all or els that the will in the sayd Will ptended xxxxxxxxxx

//Comp:lts S:r Henrie Oxinden & his confidentes for some ends of their owne contrarie to the minde & intenconn of his said Mother, for this def:t cannot beleive that either his said mother could be soe unnaturall as to make the Comp:ts her Executors xxxxxxxxxxxxx

//& not thereby to bestow upon him or his Children the value of one pennie allthough she had for mannie yeares before her death made such great use of his estate as is before expressed & converted to her owne & xxxxxxxxxxx severall thousand ?pounds xxxxxxxxx

//& his Children as is before expressed And for that also he this def:t being present in the howse where his said Mother laie sick at the tyme when the said pretended Will was made) was kept out of the rome where she xxxxxxxxxxxx

//writing And for that also in the said pretended Will it is menconned to be declared that if he this def:t would paie to the said Comp:lt S:r George Oxinden (unto whome the said Lease & premisses as is alledged by the said ptended will are xxxxxxxxxxx

//hundred pounds then the said Lease to be or to be or to be conveyed to him this def:t & his heires but withall chardged by the said Will w:th an Annuitie of ffiftie pounds a yeare to her daughter Mary during her life & of Thirtie pounds xxxxxxxxxxxxx

// life w:ch said Annuities together w:th the Byshops rent as also the chardges of reparacons of the Byshops place ??Wharfe & other houses & buildings (w.ch alre at this tyme very ruinous and in great decay for want of reparaconns) as also xxxxxxxxxxxxxxxxxxxxxxx

//deducted out of the whole rents of the premisses the cleere rent remaining will not amount to above ffiftie pounds a yeare at the most (there being but one life to come in the said Lease) is not worth above xxxx year & xxxxxxxxxxxxxxxx

//def:ts said Mother to give to her onelie Sonn by her will the worth of Three hundred pounds upon condiconn to paie ffowerteene hundred pounds for it, is a bequest so unnatural and soe dissonant to common reason that this def:t xxxxxxxxxxxxxxxxxxxxxxxxxx

// Mothers free will but rather the Will of those Comp:lt S:r Henrie Oxinden And this def:t further saith that he beleiveth it maie be ??true that the said Elizabeth Dalyson this def:ts said late Mother might & did in her life xxxxx And xxxxxxxxxxxxxxxxx

// tymes & paie severall Bills at London for this def:t for wares & clothes for some of his this def:t children But w:ch all this def:t saith that he paid & satisfied to the said Elizabeth Dalyson all the said moneys which she had xxxxxxxxxxxxxxxxx

// upon bills for clothes or otherwise And whereas the said Comp:lts in their said Bill of Complaint do suggest that this def:ts said Mother became bound w:th him this def.t & for his proper debt in the pemall sume of Two hundred pounds xxxxxxxxxxxx

// w:th Condicon for the paym:t of the sume of one hundred pounds to him w:th interest for the same This def:t for answer thereunto saith that he doth denie that xxxxx....?sume of one hundred pounds xxxxxxxxxxxxxxxxxxxxxxx

// proper debt for this def:t such that the same was the proper debt of the said Elizabeth Dalyson & that he this debt onelie stood bound with her as her suretie to the same S:r xxxxxxxxxxxxxxxxxx....

//that the said Elizabeth hath paid to or for him this debt upon severall accomp:ts the sume of fifteene hundred pounds since the restauracon of his xxxxx....
xxxxxxxxxxxxxxxxx

// that in the life tyme of the said Elizabeth Dalyson he this def:t at her request sold some wood which his said Mother xxxxxxxxxxxxx....
xxxxxxxxxxxxxx

// for the same And this def:t denieth that he ever received annie rents due to his said Mother which xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx....
xxxxxxxxxxxxxxxxx

//whereas thesaid Comp:lts in the said Bill of Complaint sett forth that they ha XXXXXXXXXXXXXXXXX//
// owne name & to have received the rents yssues & proffitt xxxxxxxxxxxxxxxxxxxxxxxxxxx...//

xxxxxxxxxxx

//to the said S:r George Oxenden xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

//XXXX continue XXXXXXXXXXXXXXXXX//
// Hreunto And this def:t utterlie denieth that by anie ?condycacon or cxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx..
xxxxxxxxxxxxxxxxxxxxxx

// plXX & p:rmisses to himself Albeit he doth not conceive it a thing unlawfull soe to doe if they would goe about to defeate
xxxxxxxxxxxxxxxxxxxxxxx

//therefore had no power to dispose the same by her Will but that such a bequest (if any xxxxxxxxxxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

//& w:th (under the favour of this XXXXXX

(belonging to that def:t) from the tyme of his this def:ts said ffathers death unto the tyme of the xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

//Thomas XXXXXXXXXXXXXXXXXXXXXXX//

Missing line
In the premises wherein his said mother had no Interest at all that this def:t xxxx//

Xxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxCustodie annie deeds or evidences but that ??concerneth this def:ts estate & xxxxxxxxxxxxxx//

Xxxxxxxxxxxxxxxxxxxxxxxx
And this def:t absolutlie denieth that thesaid one thousand pounds paid as xx aforesaid to xxxxxxxxxxxxxxxx//

xxxxxxxxxxxxxxxx
Xxxxxxxxxxx the said Elizabeth in suite at Lawe for recoverie of annie parte of xxxxxxxxxxxx disposed xxxxxxxxxxxxxxxxxxxxx//

//xxxxxxxxxxxxxxxxxx such that the said Elizabeth (at her importunitie) was fullie allowed all her chardgeable expences in xxx Law & Equitie & all other xxxxx for xxxxxxxxxxxxx//

//xxxxxxxxxxxxxxxxx for the rents received by her (belonging to this def:t) from the tyme of his this def:ts said ffathers death unto the tyme of thxxx xxxx w:ch was seaven yeares or neere thereabouts ( xx//

//xxxxxxxxxxxxxx one Thousand six hundred ffortie nine made about the tyme of this def:ts said mariage betweene the said Elizabeth & him this def:t (thenas xxxx) of the xxxx & thesaid Thomas Stanley xxxx//

Missing line

// xxxxxxxxhad a Counterpart which (this def:t beleiveth) is come to the hands & possession of the Compl:t S:r Henrie Oxinden since that xxxx of this def:t late xxxxx//

//xxxx
By the said Bill of complaint xxxxxxxxxxxxxxxx this def:t of his said xxxxxxxxxxxx//

// xxxxxxxxxxxxxxxxxxxxxxxx said Articles to produce And as concerning the summe of ffower hundred pounds supposed by thesaid Bill mencconed or are & other money xxxxxxxx//

// XXXX he was repairing the messuage of Inn called the White Hart in Rochester this def:t saith that he never had or received of or from his said late Mother the summe of fowr hundred xxxxxxxxxxxxxxxxxxxxxxx

// the repaireing of the said messuage only this he confesseth that he beleiveth that his said late Mother did of her selfe bestowe & lay out some money upon repairing of the said Messuage when thesame was ??repairing but how much she laid out ?on ?the ?said xx//

// the XXXX repaired this def:t knoweth not for he receiveth it not or annie part thereof but she had her Agent in Rochester who received her moneye & laid it out by her direcion towards the said reparaccons And as concerning all other summes of money xxxxxxx//

//the said Bill of Comp:lt to be received by him this def:t of the said Elizabeth his mother he saith that he hath received none but what he hath repaid unto her or for her in money or accompt And whereas it is suggested in thesaid Bill of ?Complaint xx that xxx//

// this def:t paid to Sarah Wayman (sic) in the Bill mencionned a good consideraconn in respect of the Annuitie menconned to be given unto her by the will of the said Elizabeth Dalyson, as being con?vinced xxxxxxxxxxxxx xxxxxxxxxxElizabeth his Mother had power to dispose or xxxx Byshopps//

// place & premisses & to chardge the same w:th the said annuitie this def:t saith that it neither followes that therefore he was soe convinced for that he that he saith that he never xxx or yett xxxxxxxxxxxxxxxxxxxxthat his said Mother had annie//

// or otherwise to dispose of the said Byshops place & premisses for that the same did as he humblie conceiveth & is informed absolutlie belong to him this def:t. & his heires But this def:t knowing that the said Elizabeth (sic) Waynman ??her ??servant  ?his ?said//

//of Twentie XXXXXXXXXXXX about before her death & beene a verrie respective dilligent & carefull servant to her & being sensible of the respect which his said late Mother bore to the said Elizabeth (sic) & that she would be wholie unprovided for if ?the def:t should xxx//

// XXXXXXXXXX for those & the like consideracons & reasons incline to make some reparaconns to the said Sara for & in respect of the said pretended Annuitie & the rather for that this def:t hath been reliablie informed that his said Mother never paid//

// XXXX the said Sara for all or annie part of the tyme of her service w:th the said Elizabeth but not as convinced that his said late Mother had annie power to chardge thesaid Byshops palce & premises therew:th as by the said Bill xxxxxxxxxxxx//

// XXXX w:thout that anie other matter or thing in the said Comp:ts said Bill conteyned materiall or effectuall in the Law for this def:t to make answer unto & herein not well & suffic:tlie confess xxx avoided xxxx or xxxx or xxxx

// Unto is true All which said matters & things this def:t is readie to?averr maineteyne prove & justifie as this hono:ble court shall award & humblie prayeth that he may be hence dismisd w:th his reasonable costs & charges in this xxxxxxxxxxxxxxxxxxxx

Latin (four short lines, Bottom LH corner)

Two illegible signatures

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