MRP: C 9/49/48 f. 1
Contents
C 9/49/48 f. 1 Complaint by Maximilian Dalyson of West Peckham to Earl of Clarendon, Lord Chancellor
Abstract
ABSTRACT TO BE WRITTEN
Transcription
[TRANSCRIPTION IS PARTIALLY COMPLETED, REQUIRING FURTHER WORK]
//Humbly complayning showing unto yo:r Lordship yo:r Orat:r Maximilian Dalyson of Hampton in West Peckham in the County of Kent Esq That whereas William Dalyson Esq deceased yo:r Orat:rs late father was in his life time possessed and interested of and//
//in all that the Bishops place in Halling in the County of Kent and divers lands tenem:ts & hereditamts in Halling aforesaid & in Snodland & other places in the said County by & under a ?devise there of made long since by a former Bishop of Rochester for the//
//terme of ninety nine years or some such long terme And yo:r Orat:rs said late father being soe possessed & haveing marryed Elizabeth Daughter of S:r James Oxinden knight since deceased yo:r Orato:rs said late father (as is alleadged) did assigne unto//
//Him the said S:r James Oxinden the said lands & hereditaments for the residue of the said Terme of ninety nine yeares whixx said Appxxxxx (if any xxx was) was in That for the benefit of the said William Dalyson yo:r Orat:rs said father his heires//
//Executo:rs and administra:ts, After which assignment the said S:r James Oxinden (as yo:r xxxx:r hath likewise beene informed) haveing surrendered the said Interest of the residue of the said ninety nine years took a new lease of the said lands & p:rmisses unto himselfe & his ?heires by Indenture//
//Dated in or about the ninth yeare of the Raigne of our late Soveraigne Lord King Charles the first from the then Bishop of Rochester for the lives of the said Elizabeth Dalyson yo:r Orat:rs mother since deceased George Kingsley & Thomas Baker, and as your//
//Orator hath likewise been informed the said S:r James Oxinden by one Indenture dated in our about the month of March one Thousand six hundred fourty six & made betweene him the said S:r James Oxinden one the one parte & Henry Oxinden son of the said S:r James//
//Now knt Henry Oxinden of Barham in the said County Gents. & Thomas Bromfeild of the other parte, the said S:r James Oxinden alleadging that he had disbursed summes of money for the renewing of the said Lease from the said Bishop of Rochester and that he//
//Had expended other summes of money on the behalfe of the said William Dalyson yo:r Orat:rs said late father the said S:r James Oxinden bargained & sold or assigned unto the said Henry Oxinden, Henry Oxinden of Barham & Thomas Bromfeild & their heirs the said//
//Lands & premisses for the lives of the said Elizabeth Dalyson George Kingsley & Thomas Baker, And your Orator was also informed that afterwards either by pronouncement of the said Elizabeth Dalyson yo:r Orato:rs mother or the said S:r James Oxinden//
//A new Lease of the said Landes & P:misses was made unto Rob:t Raworth Esq by the Bishop of Rochester for the lives of the said Elizabeth Dalyson your Orators late mother, yo:r Orator & maximilian Dalyson yo:r Orato:rs eldest son & of the longest liver of them//
//Oxx said former Lease surrendered. And yo:r orator further showeth unto yo:r Lordship that all & every the said Actings & proceedings were acted & done whilst your orator was very young & of tender years and dureing all the said Time the rents & profitts//
//Of the said Lands held under the said Bishop of Rochester & other lands of your orators (all being of a very considerable yearely value) were taken and received by yo:r orato:rs said mother, or otherwise disposed of by the said S:r James Oxinden, All which Leases//
//Were or ought to have beene in Trust for yo:r Orato:r, and yo:r Orator finding that two of the said lives for which the said last Lease were taken in the name of the said Robert Raworth were dead & that yo: orator was y:e only life in being, And your orato:r//
//Being informed that the said Robert Raworth had granted his Interest of the said land held of y:e said Bishop of Rochester unto the said S:r Henry Oxinden son of y:e said S:r James Oxinden for yo:r Orato:rs life yo:r Orato:r made application unto the said S:r Henry//
//Oxinden desireing to have his yo:r Orato:rs estate settled & released to the end he might inioy the sale according to his Right, and ?latter severall Conferences & debates concerneing the same at last by Consent hee severall Indentures tripartite one of ?them//
//Dated the Eighteenth day of ffebruary ?last in the eighteenth yeare of his now mat:ies Raigne & ye other of them dated ye nineteenth day of ye same month of ffebruary & both of them made betweene the said S:r Henry Oxinden of the first pte//
//S.r Thomas Piers Baronet of the second parte & yo:r orato:r of the third pte were executed, By which Indenture dated the said ye said Eighteenth day of ffebruary y.e said S;r Henry Oxinden for ye Consideration of ten shillings bargained & sold unto ye//
//Said S:r Thomas Peirs the said lands held of the said Bishop of Rochester & divers lands herein mencioned for the terme of six months, and by the said xxxx Indenture dated ye said ?nineteenth day of ffebruary y:e said S:r Henry Oxinden//
//Granted the reversion of the same lands unto the said S:r Thomas Piers for yo:r orato:rs life, (and in & by the said last recited Indenture it was ?recited yt by one Indenture dated ye sixth day of ffebruary in ye thirteenth yeare of his said maj:tie//
//Raigne ye said ??the Bishop of Rochester devised to the said Robert Raworth ye said Bishops place & premisses for ye lives of yo:r orators mother your orator & his son, and xxxx that ye said Robert Raworth hold ye same in Trust//
//For yo:r orators said mother her xxxx & ?ap:t to be disposed of by ye said Robert Raworth as yo.r orators said mother should direct by her last will in writeing and that ye said S.r Henry Oxinden should render ye said Lease of ye said lands of//
//& from the Bishop of Rochester in his owne name and out of ye profitts ??thereof severall summes of money should be paid to severall persons & afterwards to come unto yo:r orator his heirs & assignes, And by ye said ?described Indenture//
//It is declared that ys said estate made to the said S:r Thomas Peirs was in Trust that ?e should in his owne name render ys said Lease which should be in Trust for yo:r orato:r his heirs & ?appts yet in ye last said Indenture xxxx xxx our profits to yis effect//
//That if S:r George Oxinden knight Brother of ye said S:r Hen: Oxinden his Executors or administ:rs or xxx xxxx y:or orato:rsw father shall hereafter make it appeare that yo:r orators said mother had power to charge or dispose of ye said Lease//
//Of the said ?stile of the said mannor:s house land & p:rmisses or the Trust concerneing the same by her will that upon ye Lease of the said Sxxx & lands & all other new Leases taken of ye same from any Bishop of Rochester for ye time//
//Being should be in Trust to satisfy such Annuityes Legacyes & Arxxxages hereof all all summes of money given or ?charged upon ye same by ye will of yo:r orators said deceased mother Except ye Annuity of Thirty pounds p ann//
((Given to Sara Wainman (as in & by the said indentures amongst other things it may appear) And how it is that your orators said mother by her will in writeing amongst other things did devise that ye said present Lease held of ye//
//Said Bishop & ye new Lease to be taken of ye said lands should be in Trust for ye said S:r George Oxinden if he ye said S:r George live to returne into England yet upon Condition & in Trust that in case your Orator his heirs or assignes should//
//At any time pay to the said S:r George Oxinden his Executors Administrat:rs or Assignes ye summe of fourteene hundred pounds then ye said S:r George Oxinden and those whowho shall be seized in trust for him & their heirs shall convey & assure ye said Lease//
//And premisses to yo:r orato:r his heires & assignes charged with ye payment of ffifty pounds p ann unto yo:r orators said sister Mary Smith, But ifye said S:r George Oxinden live not to returne to England then ye said S:r Henry Oxinden & his//
//heires after debts & legacyes paid and ye charges of renewing of ye said Lease satisffyed shall convey & assure the premisses to yo:r orato:r & his heires but not to be charges with any money to the Executors of S:r George Oxinden and made ye said S:r Henry//
//Oxinden & S:r George Oxinden Executo:rs of ye said will, BUT SOE IT IS may please yo:r Lordship that ye said Sxxx of ye said manno:r house & all & every the said lands held of ye said Bishop were
//XXXX, That either your Orat:rs
//Agreement of yo:r Orato:rs said father or any of his Axxxxxxxs but by ye said first Assignment of the said Lease for the residue of
//Money or other thing but was assigned to him the said S:r James Oxinden by yo:r Orato:rs said father son in law to the said S:r James onely in Trust and to be xxx
//Or expend any summe or summes of money in relation to yo:r orato:rs said father or in order to the management of the said Trust or otherwise, ??other xxx
//Said Bishop & other lands of Inheritance of yo:r orato:rs ??which yo:r orato:rs said mother dureing the Infancy of yo:r orator & since his full age tooke & received xx
//To accompt to yo:r orato:r for great summes of money, yet your Orator in regard of his duty & affection to his mother waived the same soe that yo:r orato:r as he humbly conceives ought to have & enioy the same uncharged or xogged by her in any sort yet now the said S:r Henry Oxinden and//
//S:r George Oxinden pretend that yo:r orato:rs said mother had power both in law & equity to dispose of the said Interest of & in the said lands or to charge the same at her pleasure particularly alleadging that the said settlement made by the said Deed dated the said seaven & twentieth day of Mxxxx one//
//Thousand six hundred fourty six it was soe directed whereas in the said Indenture dated the seaven & twentieth day of ??march (?or ?may) there is a proviso that that if yo:r orato:r should within ten yeares pay unto Mary Dalyson & Margaret Dalyson yo:r orato:rs sisters each of them five hundred pounds and if either//
//Of XXX dyed to the survivo:r of them eight hundred pounds & two hundred pounds unto yo:r orato:rs said mother or to such as shee should limmit the same by her deed or will then the Trustees to stand seized of the p:rmisses in Trust for yo:r Orato:r & his heires, and after the makeing of the said Indenture dated the said 27:th of//
//??March 1646 & within the said ten yeares yo:r orato.r by & with the xxxx & consent of your orato:rs said mother treated with Thomas Stanley Esq for marriage to be had betweene yo:r orato:r and ffrances Stanley Daughter of the said Thomas Stanley upon which treaty yo:r orators//
//Said Mother demanded to have paid her one Thousand pounds for the portions of her two Daughters yo:r Orato:rs sisters and then alleadged that there were some former settlements made of the said Lands held of the said Bishop to service the payment//
//Thereof whereupon the said Thomas Stanley (being desirous that yo:r Orato:rs said sisters should have some provision did condiscend to pay out one Thousand pounds to that purpose and the responsible said Marriage was with the consent of yo:r//
//Orat:rs said Mother concluded and Consummated, And the said Thomas Stanley in pursuance of the said Agreements did pay unto yo:r Orato:rs said Mother a thousand pounds parte of yo.r orators portion for & on the behalfe of her said Daughters which shee//
//Received & accepted and thereupon declared promissed & engaged that the said lande should be discharged thereof, And did acknowledge as the Trust was & is that shee had not legallTitle or Interest in the said lands yet yo:r Orato:r did pmit & suffer her yo:r Orato:rs said mother to take the//
//Rents issues & proffits thereof untill her death which was [left blank in original document] yeares after yo:r orato:rs said marriage WHEREFORE and forasmuch as yo:r orato:rs said sister Margarett afterwards dyed & the said Mary ?survived and the said thousand pounds paid unto yo:r orato:rs said mother & ye said//
//Mary Smith advanced in marriage out of the said Thousand pounds and all the residue thereof converted by yo:r orato:rs said mother to her owne proper use and benefit And foreasmuch as in & by the said recitalls by ye said Indentures it may ??padventure seeme & be apprehended that yo:r orato:rs//
//Said Mother had the legall Interest of & in the said lands & p:rmisses, or otherwise that shee had some equitable power to charge the said Lands by her said will with her said ??paym:ts which may And much to the dammage & preiudice of yo:r Orato:r TO THE INTENT therefore that the said//
//S:r Henry Oxinden Henry Oxinden of Barham S:r George Oxinden Thomas Bromfield Rob:t Raworth Henry Smith & Mary his wife yo:r orato:r s said sister and the said S:r Thomas Piers may be compelled to relinquish all & every the said plxxxx xxxxquies and Interest//
//Which they did or doe clayme or pretend unto of in or out of the said lands & hereditaments, and to grant & assigne the said lands & hereditamen:ts unto yo:r orato:r freed & discharged from all manner of Trusts charges or dispositions of the said Elizabeth Dalyson mother of your//
//Orat:rs, and that yo:r Orato:r may be releived in all and singular the ???p:rmisses according to Justice & equity May it please yo:r Lordship to grant unto yo:r orato:r his mat:ies most gratious writt or writts of Subpoena to be directed unto the said S:r Henry Oxinden Henry Oxinden of Barham//
//S:r George Oxinden Thomas Bromfeild Robert Raworth Henry Smith & Mary his wife & the said S:r Thomas Piers therby Commanding them & every of them at a certaine day & under a certaine peine therein to be limited to be & personally to appeare before yo:r Lordship in the high//
//Court of Chancery then & there upon there Corporall oathes to make full pfect & direct Answer to all & singular the p:rmisses (i.e. promises?) & to stand to & abide such order & direction therein as to yo:r Lordship shall seeme to stand with equity & good Conscience, And yo:r orato:r shall pray e:r//
//Unreadable signature at bottom left, probably of a lawyer or clerk//
//Unreadable signature at bottom right, probably of a lawyer or clerk//
