MRP: C 9/40/57 ff. 1-2
C 9/40/57 ff. 1-2
Abstract
ABSTRACT NEEDS IS TO BE WRITTEN
Transcription
//26 May 1668 To the right honble S:r Orlando Bridgeman Kn:t and XXX//
//Marsham Keeper of the greate Seale of England//
//Humbly complayneing sheweth unto yo:r Lordship yo:r dayly Orato:rs S:r Henry Oxinden of Deane in Wingham in the County of Kent Kn:t and S:r George Oxinden of London Kn:t that ?Whereas William Dallison Esq:r eldest sonn & heir of S:r//
//Maximillian Dallison late of Halling in the said County of Kn:t deceased was possest of and in all the Bishops place in Halling in the said County of Kent & diverse Lands Tenem:ts & hereditamen:ts in Halling afôresaid / Snodland and//
//other places in the said County of Kent, under some grant or and Assignem:t of a Lease longe since thereof made by a former Bishope of Rochester for the Terme of Ninety nine yeares or some other XXXXX of years XXX//
//Amd the said William Dallyson being soe thereof possest & haveing married Elizabeth one of the daughters of S:r James Oxinden of Wingham aforesaid Kn:t sometime since deceased y:e Orat:rs XXXX XXXXX for XXXX//
//and valuable Consideraconns on or ab:t the month of Aprill in in ninth yeare of King Charles the first did grant & assigne as yo:r orato:rs are informed unto the sd S:r James Oxinden the said Bishopps place//
//Lands and P:rmisses for the residue & remainder of the said Terme of ninety nine yeares of some other number of yeares granted by the said Bishopp as aforesaid & by some other deed or deeds made at or XX the//
//said month of Aprill in the said ninth yeare of King Charles the first Betweene the said William Dallyson & the said S:r James Oxinden It was declared that the said prmisses were soe assigned upon//
//sewall trusts & Confidences for paym:t of debts oweing by the said William Dallison for renewall of the said Lease for XXXX or lives & to discharge the said S:r James from all debts & XXXXm:ts XXXXXX//
//by him for the said William Dallison & for the benefitt of the said Elizabeth wife of the said William Dallyson & the said S:r James Oxinden It was declared that the said premisses were soe assigned upon//
//of the said Elizabeth Dallison & for such and some other trusts & purposes as by the said last mentonned deed or deeds if yo:r orator:s had the same to produce would most at large appeare And yo:r orato:rs//
//further show that in pursuance of the said deed or deeds or one of them the said S:r James Oxinden did afterward surrender the said Bishops place and p:remisses & lease thereof for yeares and did take a new lease of//
//the then Bishop of Rochester thereof to him and his heires for and dureing the life & lives of the said Elizabeth wife of the said William Dallison George Knightly and Thomas XXXX & of the longest XXX//
//of them by Indentures dated in or ab:t the month of June in the said ninth yeare of the raigne of King Charles the first & for the XXX performance and executonn of the said trusts XXXXXXX in the said//
//deed or one of them made on or ab:t the said month of Aprill in the ninth yeare of King Charles the first by deed dated in or about the month of March in the yeare of o:r Lord God One thousand six hundred & forty six//
//reciteing sewall summes of mony expended by the said S:r James or others for the said William Dallison & for the renewall of the said Lease & other charges disbursXXX and debts for and upon the account of the XXXX//
//William Dallison the said S:r James Oxinden did bargaine sell assigne and sett over unto yo:r orato:r the?n Henry Oxinden Esq:r & to Henry Oxinden of Barham in the County of Kent Esq: and Thomas Bromfeild//
//Esq and theire heires the said Lands and p:rmisses for the lifes of the said Elizabeth Dallison George Knightly and and Thomas ?Baker and the longest liver of them And by an other deed dated on or about the XXXX twentieth day of//
//March in the yeare of o:r Lord one Thousand six hundred & forty six the sewall trusts ?intents & purposes of the said bargaine & sale made by the said S:r James Oxinden in p:rformance of the said deeds or one of them made//
//by the said William Dallison to the said S:r James Oxinden in the ninth yeare of King Charles the first are declared mentonned and expressed & among w:ch trusts & purposes mentonned in the deed of or about the twentie seaventh day of March one Thousand six hundred & forty//
//six there is a Provisoe that if Maximilian Dallyson Sonn of the said William Dallison by the said Elizabeth his wife should w:th in tenn yeares pay unto Mary Dallison & Margaret Dallison the said Maximilian//
//Sisters, each of them five hundred pounds & if either of them died to the Survivo:r of them eight hundred pounds & two hundred pounds unto the said Elizabeth the mother or to such as she should lymmitt the same//
//by her deed or Will, then the Trustees to stand seised of the p:rmisses in trust for the said Maximilian or his heires should not w:thin the space of Tenn yeares pay or cause to be payd//
//?theires should not w:th in the said space of tenn yeares pay or cause to be payd to the said Mary Dallison the the said summe of five hundred pounds and to the said Margarett Dallison the said summe of//
//five hundred pounds. And if either of them should happen to dye before the said Porconn payd then in case the said Maximilian Dallison or his heires should not w:th in the space of Tenn yeares pay or cause to be payd//
//to the Survivo:r of them the said Mary & Margarett Dallison the said Summe of eight hundred pounds. And if the said Elizabeth Dallison shall w:th in the space of one yeare next after the end or expiration of the//
//said Tenn yeares pay or cause to be payd to the said Mary Dallison the summe of five hundred pounds of lawfull mony of England and to the said Margarett Dallison the summe of five hundred pounds of like mony And if either//
//of them dye before ther said Porccon payd Then if the said Elizabeth Dallison should w:th in the said space of one yeare next after the end or expiraconn of the said Tenn yeares pay or cause to be payd to the Survi:orr of//
//them the said Mary Dallison and Margarett Dallison the summe of eight hundred pounds of lawfull mony of England That then all the Trusts hereby respectively lymmitted to the said Maximilian Dallison Mary Dallison//
//& Margarett Dallison should cease and the said Henry Oxinden & Henry Oxinden & Thomas Bromfeild & the Survivo:rs & Survivo:r of them & the heires of the Survivo:r of them shall stand seized of the said Soile of the//
//Manno:r Lands & all other the p:rmisses in trust for the said Elizabeth Dallison her heires and Assignes as by the said deed & Provisoes therein conteined may more att large appeare And yo:r Orato:r further show unto yo:r//
//Lordshipp that the said Maximilian Dallison did not w:th in the said Tenn yeares or any time since pay or cause to be payd to the said Mary & Margarett or either of them daughters of the said Elizabeth Dallison//
//the said Summe of five hundred pounds a peece or eight hundred pounds to anyone of them according to the Provisoe afoesaid but the said Elizabeth Dallison hath payd to and for the said Mary her daughter//
//for her advancem:t & p:rferm:t in marriage the Summe (or value) of eight hundred pounds or some other greater summ of mony as yo:r orato:rs are informed and doubt not but to prove. And yo:r orato:rs further show that the said Elizabeth Dallison haXX//
//XXX XXXX XXXX mony as aforesaid to and for the said Mary her daughter & George Knightly one of the XXX XXX XXX being deceased, the said Elizabeth Dallison by and w:th the knowledge & consent of the said Maximilian//
//XXX XXX upon Surrender of the said last Lease to the Bishopp of Rochester for the time being on or about the month of ffebruary in the thirteenth yeare of the raigne of his Ma:tie that now is did take a new Lease of the//
//p:rmisses of the then Bishopp of Rochester in the name of Robert Raworth of Grays Inn Esq and his heires for and dureing the life and lives of the said Elizabeth Dallison y:e said Maximilian Dallison her Sonn & Maximilian Dallison ?Sonn//
//of the said Maximilian and of the longest liver of them, w:ch said Robert Raworth did declare by deed under his hand and Seale that his name in the said Lease was onely used in trust to and for the said Elizabeth//
//Dallison, and the Lands and Tenem:ts to be disposed of by him as the said Elizabeth by her deed or deeds in XXXing should lymmitt and appoint And yo:r Orato:rs further shew that Maximilian Dallison the younger//
//didd about the yeare of o:r Lord one Thousand six hundred and sixty five the said Elizabeth Dallison by her last Will & Testament in writeing beareing date on or about the ??Eigth//
//of March in the seaventeenth yeare of his now Ma:ties reigne did will that yo:r orato:r Sr Henry Oxinden should renew the said Lease of the said Bishops place / p:rmisses in his owne name and out of the rents and//
//profitts thereof should reimburse himselfe the monys and interest expended for the renewall thereof and fifty pounds to be payd yearely to such person as Mary Smith daughter of the said Elizabeth Dallison should//
//appoint for her life and thirty pounds to be payd yearely to M:rs Sarah Waynman then serv:t to the said Elizabeth Dallison for her life and the p:rsent Lease and new Lease to be and remaine in trust to and for yo:r//
//Orato:r S:r George Oxinden on Conditonn that in case the said Maximilian Dallison the ffather and his heires did or should at any time pay to yo:r Orato:r S:r George Oxinden the summe of fowreteene hundred pounds then//
//the said Lease to be (or to be conveyed) to the said Maximilian the ffather & his heires chargeable w:th the said yearely paym:ts as aforedsaid. And the said Elizabeth Dallison did will & ordaine yo:r Orato:rs to be Executo:rs//
//of her said last Will and Testam:t as by the said last Will and Testam:t of the said Elizabeth Dallison may appeare And yo:r Oarato:rs further shew unto yo:r Lordship that the said Maximilian Dallyson Sonn of the said//
//Elizabeth Dallison haveing severall occasions for diverse Summs of mony in the life time of the said Elizabeth his Mother the said Elizabeth did lend unto the said Maximilian her Sonn sewall summs of mony att sewall times and//
// did pay sevall Bills att London for goods Wares & Cloathes for the said Maximilian her Sonn, his wife and Children and did also become bound to and w:th the said Maximilian her Sonn for his proper debt in a penall Sume//
// of two hundred pounds to Robert Wiseman then of Doctor Comons XXXXXXXXXXXXXXX Kn:t about the yeare of o:r Lord one Thousand six hundred and fifty nine w:th conditonn to pay one hundred pounds w:th interest att a day then to come and long since//
//past in soe much that the said Elizabeth as yo:r Orato:rs are informed and hope to prove hath payd to and for the said Maximilian upon sewall Accounts the Summe of fiveteene hundred pounds since the restauraconn of his p:rsent//
//Ma:tie and the said Maximilian Dallison in the life time of the said Elizabeth hath received sewall Summs of mony for Wood sold of the said Elizabeth for Rents due to the said Elizabeth w:ch the said Maximilian XXX XXX have//
//never accounted for w:th the said Elizabeth or repayd to the said Elizabeth on her appointm:t and Order. And yo:r Orato:rs hoped that after the death of the said Elizabeth Dallison the said Maximilian her Sonne would have//
//permitted yo:r Orato:r S:r Henry Oxinden to have received the said Lease of the said Bishops place & p:rmisses in his owne name & to have received the Rents yssues and profitts & have payd & ?imployed the same accordinge to the//
//direcconn and appointm:t of the said Will of the said Elizabeth Dallison or that the said Maximilian her Sonn would have payd the sayd fowreteene hundred pounds to yo:r Orato:r S:r George Oxinden and have tooke the//
//Lease chargeable onely w:th the said Annuities mentonned in the said Will of the said Elizabeth Dallison And yo:r Orato:rs also hoped & expected that the said Maximilian Sonn of the said Elizabeth//
//would have payd unto the said S:r Robert Wiseman the mony due upon the said Bond and would have accounted w:th yo:r Orat:rs for those severall and great Summes of mony he hath received of & for the xxx//
//Elizabeth his mother and those severall Summes of mony w:ch she hath payd to and for him upon account. But now soe it is May it please yo:r Lordship that the said Maximilian Dallison Sonn of the said Elizabeth xxxxxxxxxxxxxxxx//
//[XXXXXXXX] confederating w:th Thomas Stanly of Playston in Kent Gent did threaten to sue yo:r Orato:rs and Robert Raworth and to recover the said Bishops place and p:rmisses for himself xxx//
//that the said Elizabeth his mother had noe right Title or power to dispose of the said Lease of the said Bishops place and p:rmisses affirming that
The said Maximilian the Sonn had upon contract w:th xxxx//
//Stanly for his the said Maximilians marriage w:th Frances daughter of the said Thomas Stanly received of the said Thomas one Thousand pounds w:ch the said Maximilian or the said Thomas Stanly xxxx//
//the said Elizabeth for and towards the porconns of the said Mary and Margarett daughters of the said Elizabeth according to the Provisoe?s of the said Deed of the xxxxxxxxxMarch one Thousand and//
//forty six whereas in truth the said one Thousand pounds if the same were payd to the said Elizabeth Dallison was paid upon her account to discharge debts contracted by the said Elizabeth xxxx att//
//Law for recovery of the Estate or parte of it the said Maximilian sold or disposed by William XXXX ffather of the said Maximilian or to some other interests and purposes as would appearexxxxxxxxxxxxxxxxx//
//the said Maximilian Dallison sonn of the said Elizabeth w:th much importunitie & earnestnesse did obtaine of yo:r Orato:r S:r Henry Oxinden xxxx did not regard any advantage of his owne but was onely//
//sollicitous for the security of the said Annuities and the said fourteene hundred pounds to y:e Orato:r S:r George Oxinden and his owne indemnity, that the said Robert Raworth haveing ?p:suance//
//of the said Will of the said Elizabeth Dallison and in execution of the trust reposed in him conveyed unto the said S:r Henry Oxinden and his heires the said Bishops place Landes & p:rmisses for and dureing//
//the life of the said Maximilian Dallison the ffather the onely xxxxxxxxxxxxx in being the said S:r Henry Oxinden by deeds of Lease and Release dated on or about the month of ffebruary in the nineteenth yeare of his now the Ma:ties//
//Raigne made between y.e Orat:r S:r Henry on the first parte & S:r Thomas Piers of Seale in Kent Barronet on the second parte and the said Maximilian the elder on the third parte did convey and assure unto the sd S:r Thomas Piers//
//and his heires the said Bishops place lands and p:rmisses for and dureing the life of the said Maximilian Dallison the ffather with said assurance soe make to the said S:r Thomas Piers is declared to be in trust//
//for the said Maximilian Dallison and his heires and assigned w:th the Provisoe in the said Deeds or one of them contained That if the said S:r George Oxinden Kn:t Brother of the said S:r Henry Oxinden//
//and of the said Elizabeth Dallison his Executo:rs or Administrato:rs or Mary Smith daughter of the said Elizabeth Dallison or such person or persons as she the said Mary Smith should appoint did or should att anytime or//
//times hereafter make itt appeare that the said Elizabeth Dallison mother of the said Maximilian Dallison the elder had power to charge or dispose of the said p’sent Lease or the said Manno:r house Lanes and p:remisses or trust//
//concerneing the same by her last Will and Testm:t that then the p:sent Lease of the said Sxxxx and ?Mano:r house Lands & premisses and all other new Lease or Leases thereof that should att any time or times hereafter be taken//
//for life lives or yeares of the psent Bishop of Rochester or any of the successxxx Bishops of Rochester for the time being was and should be to the said S:r Thomas Piers and his heires in trust to satisfie such Annuities Legacies//
//or arrears thereof And all Summe or Summes of mony that are given & devised or charged upon the said XXXX of the same house Lands and premisses and by the said last Will and Testam:t of the said Elizabeth//
//Dallison (except and
Waynman w:ch is otherwise secured and satisfied to her by the said Maximilian//
//Dallison (and such Sume and Summes of mony as that shall be expended in the makeing itt soe appeare as by the said Deed or Deeds xxxxx being thereunto had may more att Large appeare And though the said Maximilian//
//Dallison is soo farr convinced that the said Elizabeth his Mother had power to dispose of the said Lease & the Bishops place & prmisses, that he hath contracted w:th the said M:rs Sarah Waynman for her XXXX//
//and payd a good Consideracion for the same yett the said Maximilian doth still ?ptest that the said Elizabeth his mother had noe power to dispose of the said Lease xxx hath exhibited a Bill into this honob:le Court//
//ag:t yo:r Orato:rs & severall other persons to make it appeare if he can (Notwithstanding the truth of the p;remisses to be as before is alleadged) that the said Elizabeth had noe right Title or power to dispose of the said Lease//
//& the said Maximilian the elder and the said Thomas Stanly hope by concealeing some writeings or deeds especially the Deeds of Trust made Anno ?nove Caroli primi betweene the said William Dallison and the said S:r James//
//Oxinden and the Articles made ab:t the marriage of the said Maximilian in the possession of the said Maximilian or of the said Thomas Stanly to make great advantage to themselves. And the said Maximilian Dallison the//
//elder hath and doth deny that the debt due to y:e said S:r Robert Wiseman on the said Bond is or was his owne proper debt, or that he was to pay the same though he agreed w:th the said Elizabeth to take the said debt//
//upon himselfe upon good Consideraccon And y:e Orato:r S:r Henry Oxinden as one of the Executor:s of the said Elizabeth Dallison hath beene forced to pay the principal and interest due on the said Bond to the said S:r Robert//
//Wiseman and the said Maximilian XXXX doth also deny (though yo:r Orato:rs doubt not but to prove the same) he hath rec:d any summe of mony of the said Elizabeth Dallison or any XXX for XXX of herxx any Rent of here or if he hath XXX that the said//
//Elizabeth did give ?the same to him when due was & is accountable for y:e same All w:ch Actings and doeings tend to the great XXXX of yo:r Orator:rs and are contrary to Justice Equity xxxx Confederate. And for as much as XXXX//
//are remediles by the Strict Rules of the Common Law of the Land to discover the said deeds and trusts and goods at the house of the said Maximilian y:or Orato:rs hope by the XXXX of the said Confederates & such others XXXXXX//
//as they shall make appeare to discover the truth of all and ?singler the p:remmises. To the end therefore that the said Maximilian Dallison the older and the said Thomas Stanly may true and perfect answer to all and singler//
//the premisses and as pticuler that they or one of them may produce the said Deed of Trust made in the ninth yeare of Charles the first between the said William Dallison and the said S:r James Oxinden upon the first asXXXX//
//of the said Lease to the said S:r James Oxinden And alsoe the Articles of Agreement xxx upon the Contract of Marriage to be had betweene the said Maximilian xxxxxxxxx were pformed & whether the daughter of the said Thomas Stanly//
//
What summe of mony he payd to the said Elizabeth upon the said Marriage and //
//
//whether he did not pay the same to XXXX dalyson XXXXX
XXXXXXXX the recovery of the estate of the [said] mony or goods and in what XXXX
//
// whether he knew of the said deed of the seaven and Twentieth of March One thousand six hundred and forty six and did//
//Maximilian or to be XXXXXXX//
//and that the said Thomas Stanly may sett forth what summes of mony he payd to the said Elizabeth upon the said Marriage and
xxx xxxx the recovery XXXXX
//and how much in mony and how much in goods and whether he did not XXXX
Xxthe seaven and Twentieth of MXXXXXXX
//the said Elizabeth XXXX (line is under a fold in the image)
Xxxxxxxxhe knew of the said deed of the xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
xxxxxxx
//acquainted him w:th the same and when he first XXXXhim xxxxxxxxxx
//and forty six att the time of the marriage w:th the said ffrances and how long before or after and who acquainted him w:th the same and how he knew the mony payd by the said Thomas Stanly on his said//
//marriage was payd to and for his said sisters porconns, and that he may sett
//forth what summe of mony he hath received and had of the said Elizabeth Dallison her selfe whether he XXX not receive XXX//
//of fowre hundred pounds or some other greate summe, and what Summe
//about the time he was in repaireing his XXXXX Whitehart in Rochester and whether he did not receive of her fifty pounds or some other summe XXXXXXXX//
//other time att his owne house and twentie pounds or sume other summe att an other time and fowreteene pounds or some other summe at an other time and whether and what Summe or XXXX XXXX//
//xxx received for Wood of the said Elizabeth sold (long insert which is unreadable in image) for Rente of the said
Elizabeth XXXX and what he did doe w:th the same and why he did not pay the same to the said Elizabeth, and whether XXXXXX
//due to the said S:r Robert Wiseman on the said xxxx xxxx ?there (or ?here) not the debt and xxxxx
//the interest to XXX XXX, and to goe to him to excuse the non paym:t and who xxxxxxxx
xxxsame to the said Elizabeth, and whether xxx pay//
//said debt to S:r Robert or himselfe and to pay the same and whether xxxxxxxxxxxxxxx
doe with the same and why he did xxxxx
//the same, and whether the said Elizabeth hath not payd the same (?sume) xxxxxxxxxxxx
Xxxto pay the same both xxxxxxxxxxx
//Summe of money he hath recd of the said Elizabeth or for her or by the
Xxxx some mony or other valuable Considxxxxxxxx
xxxxxxxxxxxxxxx
XXX London for goods wares and Cloaths for himselfe wife and Children XXXXXXXX and whether hee payd XX//
//Unreadable line
//whose psence and that he may declare what XXX//
//Unreadable line
//& whose account he received and XXXXXX as a XXXXXXXXXXXXX//
//Lxxxx
//singler the p:rmisses according to equity ?and conscience might please//
//Unreadable line
// Stanly XXXXXX charegeing and commending XXXXXXXX by a certaine day and under a certaine//
//Unreadable line
And to stand to and abide such further order and ?declaration as to yo:r
//
//doth pray
[Tho: Raymond]
Commentary
