MRP: Sir Maximilian Dallison

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Sir Maximilian Dallison


Sir Maximilian Dallison was the only son of William Dallison of Lincolnshire and Kent and of Silvester, daughter of Robert Dene, gent., of Halling, Kent, and Margaret Whyte. His father, William Dallison, died before his mother, who went on to marry the lawyer and writer, William Lambarde, by whom she had four further children. As a result Sir Maximilian had one full elder sister, named Silvester after her mother, and four half brothers and sisters. Sir Maximilian eventually inherited the Bishop's Place (or Palace) in Halling, which he passed subsequently to his own son, William, Elizabeth Dallison's husband. Just as Sir Maximilian's father died before his own majority, so Sir Maximilian died before his own son's majority (TBC).

ENGRAVING Silvester Dene Deathbed Churchbrass ArchCant vol5 1863 P250.PNG

A church brass survives in the parish church of Lower Halling, Kent, depicting Sir Maximilian's mother on her death bed, with her six children - Silvester and the future Sir Maximilian stand to her left, and to her right her four children by her second husband, with William and Margaret standing and with twins Gore and Fane in a cradle.

See - church brass of Sir Maximilian's mother

See - detail of church brass of Sir Maximilian's mother

Sir Maximilian studied at Gray's Inn, and inherited his father's legal books and chamber at Gray's Inn, which had been bequeathed in his minority to his father's brother. He was active in north Kent gentry and Rochester town circles, serving as bridge warden for the Rochester bridge, as a trustee of a local hospital, and as Sheriff of Kent.



Sir Maximilian Dallison's will, 1630


Sir Maximillian Dallison's will is an interesting one. He refers to his two daughters Penelope and Theodoria, together with his sons, William, Phillip, Arthur, John and Spencer. He chose to split guardianship responsibilities, entrusting Penelope and Theodoria to his wife, and his younger sons to his executors. He was concerned about discipline and instructed that "in case any of my said younger sons shall prove refractory" and shall not accept the advice and governance of his executors then their legacies should be void. As executors he chose Sir Edward Hales and the lawyer Moulton Lambarde, his step-brother, son of the Chancery lawyer, his step-father William Lambarde. One of his three executors was Ralph Whitfield esq., who is possibly the lawyer of that name who later became brother-in-law to Robert Raworth, Elizabeth Dalyson's friend and lawyer. He chose his kinsman Charles Dallison Esquire and Thomas Clottery of the Inner Temple, gent., as his remaining overseers. A separate part of his will deals with his disposition of real estate. In this part he refers to two sets of conveyances. Four conveyances dated May 2nd 1627 and four conveyances dated January 18th 1629/30.

A considerable portion of the part of the will dealing with real estate refers to his indenture of marriage dated July 23rd ?1609. In this indenture he committed to Sir William Spencer and to Thomas Spencer Esq, deceased, to conveying the real estate of Bishop's place and associated property to his heirs male of the body of his wife Mary (nee Spencer). The language seems to imply multiple males, rather than simple male primogeniture, but does not state how the estate should be divided. He itemises the estate as "the Bishop's place with all houses buildings, dovehouses, yards, orchards, gardens and out houses there unto belonginge". These contained by estimation "Thirty acres of fresh marshes, lying in severall peeces, and tenn acres of meadow lying in severall peeces, paying for the same the yearely cost of twenty five pounds of lawfull money of England."

Interestingly there were nine witnesses to the will, including the above mentioned Ralph Whitefield (Whitfeild) and Robert Raworth. Thus the connection of Robert Raworth with the Dallison family predates the marriage of Elizabeth Oxenden to Sir Maximilian's son William, which was in November 1631, one year after the will was made and shortly after Sir Maximilian's death. This is of some relevance given subsequent litigation in the 1640s and 1650s over the Bishop's place estate, since Robert Raworth is likely to have had at least some knowledge of Sir Maximilian's affairs and intent towards his estate.

In the absence of copies of the two sets of four indentures of May 1627 and January 1629/30 it is unclear what Sir Maximillian Dallison was intending to do with his real estate, other than giving his wife the option of residing in Halling or St. John's Street. In the later Stone v. Dallison suits, which last from 1640-42 till at least 1651 there was a fundamental dispute of fact and law as to whether Sir Maximillian gave his eldest son only an interest in life in the Bishop's place estate with remainders to the other male sons and heirs, or whether William, his eldest son, had an "absolute estate of inheritance in fee simple" (see C 3/429/50 (1640-42) and C 22/460/21 (1651))


Guardianship of Sir Maximilian's children in 1630s


The 'Dalison Documents', published in Archaeologia cantiana (1883), provide extracts from the accounts of Sir Maximilian Dallison's executors. These provide an insight into the life and education of the younger children, though not of William, the eldest son, who was above the age of majority.



Sir Maximilian's seal, 1611


STEELPLATE Sir Maximilian Dallison Seal 1611.png



Sources

PROB 11/115 Wingfield 1 - 56 - Will of Sir William Spencer of Yarnton, Oxfordshire, proved 03 February 1610
PROB 11/63 Darcy - Will of William Dallison, proved November 14th 1584
PROB 11/160 St. John 69 - 138 - Will of Sir Maximilian Dallison, proved November 18th 1631
PR

- Robertson, Scott, ‘Dalison documents’, Canon Scott Robertson in Archaeologia cantiana, vol. 15 (London, 1883), pp. 386-401
- Robertson, Scott, ‘Dalison pedigree’, in Archaeologia cantiana, vol. 15 (London, 1883), pp. 402-404
- Inventory of William Dallison, 1584, in William Archibald Scott, Dalison Documents. From the Muniment Chests at Hamptons, near Tunbridge. And a Pedigree in Archaeologica Cantiana, vol. 15 (London, 1883), pp. 391-393



Image credits

Engraving of Silvester Dene on her deathbed, taken from church brass of the same event in Halling parish church, Anonymous, Profile of Lambarde family in Visitation of the county of Kent, in Archaeologica cantiania, vol. 5 (London, 1863), p. 250. Image is out of copyright

Seal of Sir Maximilian Dalyson. Reproduced in XXXXX. Image is out of copyright