MRP: C 9/49/48 f. 2
Contents
C 9/49/48 f. 2 The several answers of Sir Henry Oxenden kn:t one of the def:ts to the Bill of Compl:t of Maximillian Dalyson Esq: Comp:lt
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ABSTRACT TO BE WRITTEN
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//The several answers of Sir Henry Oxenden kn:t of ?Kent one of the def:ts to the Bill of Compl:t of Maximillian Dallison Esq: Comp:lt//
//The said def:t saveing to himselfe XXXXX and att all times here after all advantage of excepccons to the manifest incertainties & insufficiencies & imperfeccons of the said Bill of Compl:t answers thereunto to soo much & such partes of this//
//said Bill w:ch any way concerneth him this def:t, or is materiall for him to make answer unto, he saith that he beleiveth it may be true, that the said William Dallison in the Bill of Comp:lt named (father of the said Comp:lt) was//
//in his life time possessed of and in the Bishops place in Halling in the said County of Kent and divers Lands Tenem:ts and hereditam:ts in Halling aforesaid & Snodland in the said County by and under a XXXXX tthereof XXXXX heretofore//
//made by a former Bishop of Rochester for the Terme of ninety nine yeares, or some other number of yeares. And this def:t alsoe hath heard and beleiveth that the said William haveing married Elizabeth daughter of the said S:r//
//James Oxinden in the Bill named (& father of this?d:tr) did assigne unto the said S:r James Oxinden the said Lands & Tenem:ts for the residue of the said Terme of ninety nine yeares or some other number of yeares. But this Def:t knoweth not the Same Assignem:t//
//was in trust for the said William Dallison or his heires Executo:rs or Administrato:rs, but beleive the same was for the paym:t of some moneys then payd or shortly after to be payd & w:ch after was payd by the said S:r James //
//Oxinden to or for the said William Dallison or his use & for renewal of the said Lease & for other ??trusts and not for the said William Dallison (sic). And this Deft also saith that he beleiveth it to be true that the said S:r James //
//Oxinden did surrender the Interest of the residue of the said ninety nine yeares or some other number of yeares & tooke a new Lease to himselfe & his heires of the said Landes & premisses by Indenture dated on or ab:t the time in the Bill to that//
//purpose expressed of and from then Bishop of Rochester for the lives of the said Elizabeth Dallison (the Comp:lts Mother since deceased) George Kingsley and Thomas Baker w:ch Lease this Def:t supposeth and beleiveth//
//was taken in pursueance and execuccon of the said Trust or some agreem:t made upon the Assignem:t of the said Lease of ninety nine yeares or other Terme to the said S:r James Oxinden aforesaid, And this Def:t//
//beleiveth it also to be true, That the said S:r James Oxinden in or ab:t the time for that purpose in the Bill of Comp:lt mencconed by Indenture did bargaine & sell unto the def:t & unto the//
//said Henrie Oxinden & unto the said Thomas Bromfeild in the Bill named and theire heires the said Lands and p.rmisses for the life & lives of the said Elizabeth Dallison George Kingsley and the said Thomas Baker ??Nevertheless//
//for all things xxxx the said deed & deeds & writeings before mencconed & expressed & declared this def:t referreth himselfe to the said deeds & writeings themselves the parte or Counterparte whereof this Def:t supposeth to be in the Comp:lts possession, And//
//this deft further saieth that he beleives that sometime after the death of the said S:r James Oxinden this def:ts ffather & since the restauraccon of the now Mat.ie the said Elizabeth Dallison mother of the said Comp:lt apprehending she had//
//the equitable right & power to the said Lease of the said Lands & premisses did procure a surrender thereof to the late Bishop of Rochester & did take a new Lease thereof in the name of the said Robert Raworth in the bill named for the//
//life and lives of the said Elizabeth Dallison of the Comp:lt & of Maximilian the Comp:lts then eldest sonne & of the Surviv:r of them. But this Def:t knoweth not that all the said actings & proceedings were done whilst the Comp:lt//
//was very young for the Def:t beleiveth that the said Comp:lt was of the full Age of one & Twentie yeares before the said last Lease was made by the late Bishop of Rochester And this Def:t beleiveth the said Elizabeth//
//Dallison did receive the rents yssues & profitts of the said Lands & Tenem:ts (?But of what other Lands & Tenem:ts of the Comp:lt this Def:t knoweth not) And this Def:t knoweth not that the said S:r James Oxinden did dispose of the//
//Rents yssues & profitts w:ch he received or any parte thereof otherwise of further than to secure & pay to himselfe certaine monies due to him from the said William Dallison for the renewal of the said Lease for three//
//lives And for the benefitt of the said Elizabeth Dallison & her Children or some of them by the said William Dallison father of the Comp:lt//
//this Def:t not knoweing of any other disposall of the said Landes & Tenem:ts or any of them ?to or ?by the said S:r James Oxinden And this def:t knoweth not that all or any of the said Leases were or ought to have been in trust for the Comp:lt himselfe tillxxx//
//all the other trusts therein mencconed were executed & pformed And this def:t further saith that the said Elizabeth Dallison conceiveing she had full right & power of in & to the said last Lease of the said Landes & p:risses ?fsed & that//
//she might dispose of the same att her will & pleasure (some act or thing mencconed in the said deeds of the Twentie seaventh day of March one Thousand six hundred forty & six (in xxxx of Comp:lt named) not being performed by the Comp:lt according to//
//a Proviso in the said Deed last expressed in and by her last Will & Testam:t made or mencconed to be made in or ab:t the Thirteenth day of March one Thousand six hundred sixty & five did give & grant severall Annuities out of the same//
//Lease to some persons for theire lives & charged the said Lands & p:rmisses w:th the paym:t of a greate Summe of money & ordered the said last Lease to be renewed by this def:t as by the said last Will & Testam:t relaccon being//
//thereunto had doth & may more at large appeare. And this Def:t further saith that the Comp:lt himselfe was soe farre assured of the said Elizabeth Dallison his Mothers right of disposseing of the said Lands & Tenem:ts & last Lease//
//thereof (though the Comp:lt doth now pretend the contrary in his said Bill of Comp:lt) that the said Comp:lt did Compound w:th one M:rs Sarah Wainman heretofore Serv:t to the said Elizabeth Dallison for an Annuity given to her//
//by the said Elizabeth out of the said Lands & premisses for her life & gave a good Consideraccon to the said M:rs Sarah Wainman for the said Annuity soe given as aforesaid as the Def:t doubteth not but to prove. And this//
//Def:t saith that the last Lease of the prmisses being taken by the said Elizabeth Dallison of the then Bishop of Rochester in the name of the said Robert Raworth as aforesaid & declared in writeing by the said Robert//
//to be in trust for the said Elizabeth Dallison & her heires & to be disposed of by him as the said Elizabeth Dallison direct & appoynt. And the said Elizabeth Dallison haveing in her said last Will & Testam:t willed & appointed (sic) that//
//this Def:t would renew the said last Lease of the said Lands & p:rsses has in his owne name for three lives as by the said last Will & Testam:t of the said Elizabeth Dallison will also appeare. The said Robert Raworth Reciteing for and in//
//pursuance & full execuccon of the said last trust in him reposed did by deeds of Lease & Release duely execute assign & convey all his interest in the said Lands & pr:misses & Lease thereof to this Def:t and his heires for and dureing//
//the life of the Comp:lt (being the onely xxxx in life) who had survived the said Elizabeth Dallison & the said Maximilian Dallison the younger w:ch said deeds were executed by the said Robert Raworth by and xxxx//
//Consent (as this ef:t conceiveth) of the said Comp:lt he being a witnesse & subscribeing his name as one to the sealeing & ?declxxx of the said deeds by the said Robert Raworth. And this Def:t saith that true it is the Comp:lt & this Def:t//
//had sevall debates & Conferences /upon appliccon made to him this Def:t by the said Comp:lt) concerneing the said Lands & Tenemts & the Comp:lt right w:th ptended thereunto. And att last it was Concluded & agreed by & betweene the//
//said Comp:lt & this Def:t (who onely stood upon the secureing himselfe from the Annuities & monies charged by the said Elizabeth Dallison on the said Lands & prmisses) that the said last Lease of the same being conveyed to this def:t//
//the said Robert Raworth, he this Def: t shoudl should convey & Assigne the same to a third person for in ?trust to serve the paym:t of the said Annuitys or one of them (the other being bought in by the said Comp:lt as aforesaid said) & the moneys//
//charged upon the same by the said Will of the said Elizabeth Dalison & the said Comp:lt) to be at libty to remove the said Lease in the said third persons name or such other person as should be agreed on by the said Comp:lt & the//
//in trust as aforesaid, And accordingly now two severall Indentures Tripartite the one dated on ? or about the eighteenth the other on or about the nineteenth day of ffebruary in the nineteenth yeare of the now Ma:ties raigne & not the eighteenth xxxx as the bill supposeth//
//were made by the consent of both parties betweene the said parties reciteing & expressing to the same effect as in the said Bill of Comp:lt is mencconed Nevertheless for the certainty of all things the xxxxxxxx thxxxxx//
//??reforceth himselfe to the said deeds themselves & also to the last Will & Testament of the said Elizabeth Dallison for all things therein conteined. And this Def:t saith that he beleiveth the said ??Suite (?or State) of the Manno:r House xxx xxxx//
//named Lands & prmisses were for severall yeares (but for how many the Def:t knoweth not) ?held by the Comp:lts ffather & his Ancesto:rs & this Def:t knoweth not That the said Comp:lts said mother or this Def:ts father S:r James Oxinden//
//or any of his Sonns ever had ?any right Interest or Title unto the same or any parte thereof or any thing to doe w:th the same, what originally by the said first Assignment of the said Lease for the remainder of the xxxx xxx//
//of ninety nine yeares or some other number of yeares as aforesaid, and by an other deed made by the said William Dallison in or ab:t the same time declareing som trusts & appointm:ts of the said Land and premisses xxxxxxxxxxxxxxxxxxxxxxx//
//But this Def:t beleeves & hopes to proove that the same Assignm:t was upon good & valuable Consideraccons of mony or otherwise & not in trust for the Comp:lts father his heires & Assignes but for the repaym:t of moneys then//
//afterwards payd to or for the said Compl:ts ffather and afterwards to be for the livelihood & maintenance of the said Elizabeth Dallison wife of the Compl:ts ffather dureing & after the life of the saidCompl:ts ffather and for//
// the educaccon of the Children of the Compl:ts ffather or some of them & for retreivall of the said Lease as by the said last mencconed deed if the Comp:lt would produce the same – would appeare and accordingly the said terme for//
//yeares or remainder thereof was assigned to the then Bishop of Rochester & a new Lease taken of the said Bishop for lives as a foresaid And this Def:t saith he knoweth not y:t all the said monys expended by the said Elizabeth//
//Dallison in & about the said trust was payd to her againe but beleived (the said mony expended by the said S:r James Oxinden the Def:ts ffather to & for the said William Dallison the ffather & in & ab:t the said trust was in ??some manner//
//paid and satisfyed to him out of the said ?Rentes and Tenem:ts though w:th much losse & dammage to the said S:r James by keepeing of the said Lands & Tenem:ts or a great parte thereof in his owne hands he liveing about thirty miles distant//
//& soe did account for more than he did actually receive profitts all charges & expences considered And this def:t knoweth not that the said Elizabeth Dallison after all Just allowance made to her for all expences w:ch the Def:t knowes was very//
//great) in & ab:t the estate of the said Comp:lt was any wayes indebted to the Comp:lt upon account for great or any Summes of mony And this Def:t saith that true it is That there is such a Proviso (or to some such effect) in the said//
//deed of the seaven & twentieth day of March one Thousand six hundred forty & six as in the said Bill of Comp:lt is expressed. Nevertheless for more certainty of the said Proviso and all other things in the said Deed//
//??mencconed the def:t referreth himselfe to the said Deed it selfe. And the Def:t saith that he beleives that the said Elizabeth Dallison did on behalfe of the said Compl:t himselfe treate w:th the said ??Thomas//
//att Law for the recovery of the Compl:ts estate sold or endeavoured to be sold by the said William Dallison the Compl:ts ffather xxxxxxxxxxxxxxxxxxxxxxxx a(as this Def:t doubteth not but to prove xxxxxxxxxxxxxxxxxxxxxxxxx//
And this Def:t doth not know or beleive, that there was att the time of the said treaty any menccon made of the said settlem:t of this ??twentie xxxxx xxxx one Thousand six hundred//
//forty and six. And this def:t beleiveth the said Thomas Stanley did condiscend to pay one Thousand pounds to the said Elizabeth Dallison as the p:sent porccon of the said ffrances his daughter, but whether he did pay the same//
// or not, or how much he payd or in what manner he payd the same in mony or in goods this def:t knoweth not, but hath heard a greate parte was satisfied in and by old householdstuff Cattle & husbandry implem:ts. But this def:t doth not//
//beleive the said Elizabeth Dallison accepted of the same or any part thereof for or on the behalfe of the said daughters porccon as declared or promised to discharge the Lands & premisses of the same or acknowledged she had noe legal Title//
//or interest in the said Lands & premisses as in the said Bill of Comp:lt is suggested. And this def:t beleives the said Elizabeth did receive the Rents yssues & profitts of the premisses untill her death itt being all or most part interested or designed for her//
//joynture & for educcaon of her said Children as aforesaid And this Def:t saith that he that he hath heard & beleives the same to be true that Mary Smith one of the daughters of the said William Dallison & of the said//
//Elizabeth Dallison was advanced in marriage xxxxxxxxxxxxxxxxx hundred pounds w:ch was xxxxxxxxxxxxxx xxxxxxxxxxxxxxxxx & charges by the said Elizabeth to be payd & putt of by the said Lands &//
//promised by her said last Will & Testam:t as aforesaid & trust that the xxxx of the said xxand to discharge other debts contracted bye Suite of Law in and around the estate of the said Comp:lt as aforesaid And this Def:t saith//
//that Margaret an other daughter of the said William Dallison & of Elizabeth his wife died and and he ?beleives ?noe porccon was payd to or for her and this def:t doth not beleive the said Mary Smith was advanced in marriage out of the said one//
//Thousand pounds payd by the said Thomas Stanly the same xxx paid xxx upon other accounts as aforesaid long before the marriage of the said Mary. And therefore this Def:t conceiveth & is advised the said mony mencconed & intended to be payd by//
//the said deed (and ?Devise xxx) xxxxxxxxxxxxxxxxxxxxxx that the said Elizabeth Dallison had power to dispose of the of the said Lease of the said Lands & prmisses & the rather in this case for the true paym:t of the monyes had & ?recd to pay the said daughters or one of //
//therie porccons, w:ch the said Comp:lt was to doe by the said deed & to satisfy other debts for the benefit of the Comp:lt w:ch the said Lands & p.rmisses are to come to the said Comp:lt by the said Will of the said Elizabeth Dallison And this Def:t hopeth//
//this Court will not ????repeall (or ??estopell) an Assignment or Conveyance of the said lands & premisses to the Comp:lt w:out
Mencconed in the said XXXXXXXXXXXXX Will of Elizabeth Dallison be payd & satisffyed the same being made upon such honest reasonable &//
//equitable grounds as foresaid W:ithout that that any other ?makes cause or xxxx cause sentence or allegacion in the Comp:lts said Bill of Comp:lt conteined xxxxxxxxxxxxxxxx and not herein before well and sufficiently answered confessed & avoided xxxx & denyied is true as w:th//
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNoble Cou:rt shall award & humbly prayeth to be ??heire dismissed w:th his reasonable Costs & charges in that behalfe most wrongfully susteyned//
Commentary
