DANBY v. SYDENHAM : A RESTORATION CHANCERY SUIT. THE Chancery Petition here printed was presented when Edward Hyde, Earl of Clarendon, was Lord High Chancellor of England, that is between April 20, 1661, when he was created an earl, and August 30, 1667, when the Great Seal was taken from him. It is a most excellent specimen of legal draughtsmanship, combining clearness and accuracy. The author, a barrister, Thomas Rokeby, and member of Gray's Inn, was called to the Bar in June, 1657, and became one of the Judges of the Court of Common Pleas at the Revolution. Rokeby had a personal interest in the case, as he married the plaintiff's daughter. The story set forth in the petition commences with a certain Arthur Dakins, lord of the manor of Hackness, near Scarborough, and owner of valuable estates in that district. Although a Dakyn de Idsford contributed to the Poll Tax3 in 2 Richard II (1379), in Bradford, near Clitheroe, the name only appears in this county in the sixteenth century, and at first in the neighbourhood of Hull. This family, like many others, rose to wealth by speculating in lands which had belonged to monastic houses, when it was possible to make very good bargains, as many persons were deterred from competing by religious scruples, or fear of a reaction, which would have forced them to disgorge their purchases. The manor of Hackness itself had formed a portion of the possessions of Whitby Abbey, which also owned land in Silpho, Harwood Dale, Suffield, and Everley, where Dakins had other property. In the Visitation of 1584-5 his father's name is called Robert Dakins, but nothing is 1 The Chancery Petition is printed by the courtesy of Dr. Francis Collins, a member of our Council, who has kindly lent a copy of the decree of the Court of Chancery in the case of Hobby v. Chapman, and other illustrative documents. 2A Brief Memoir of Mr. Justice Rokeby" is printed in Vol. xxxvii of the Surtees Society, under the editorship of the late Canon Raine. 3 Poll Tax for the West Riding, p. 289. There was a well-known person of this name, John Dakins, LL.D., rector in Queen Mary's time of Kirkby Hill, near Richmond, where he founded a hospital and grammar school. George Foxe tells us that as Commissary for the Bishop of Chester he had charge of George Snell, who was afterwards burnt. 4 Foster's edition, p. 169. 5 The coat granted to the Dakins family is a good specimen of the pictorial arms affected by Elizabethan heralds :— Gules, a lion passant guardant argent between two mullets or and two flanches argent, each charged with a lion rampant sable. On his monument in Hackness Church, Arthur Dakins bears a much more simple said about him, and as the arms were granted only twenty-five years previously, it would appear that the family had only lately become important. Arthur Dakyns had an elder brother, who was designated as of Chelmorton, near Buxton, in Derbyshire, but under what circumstances he became settled there is not known. There was also a sister Margaret mentioned in the Petition, who married a Derbyshire man, Edward Brewerton, which would tend to prove that the family had some connection with that county. There was another family of the same name related to the Dakins of Hackness, living at Foulbridge on the Derwent, near Yeddingham, and at Linton in the parish of Wintringham, near Sledmere, but bearing a different coat-of-arms. Arthur Dakins became a man of importance, and rose to be a member of the Quorum and a Justice of Peace at a time when that honour was more rarely bestowed than at present. He married his only child, Margaret, to Walter Devereux, second son of Walter Devereux, Earl of Essex, and sister to Elizabeth's ill-starred favourite. His will, dated May 1, 31 Eliz. (1589), contains a good deal of information about his family. It commences, "I, Arthure Dakins of Hacknes, esq.,. . . . weighinge within myselfe the vncertanty and frailety of the lyfe of man in this transitorie world . . . . . bequeath my soule into the handes of Allmighty God, assuredly trustinge of full remission of all my sinns and offences through the death and passion of his onely sonne, Jesus Christe, the Saviour of the world, and the Redeamer of me and all mankinde." The testator then directs his body to be buried Christian like, where it should please God to appoint, the order whereof to be referred to his executors. He left his wife, Thomasine, a life estate in his manors of Linton and Thirkleby on York Wold, and in the tithe of corn and grain within in the town and fields of Place Newton and Thirkleby, and in all his property in the parishes of Kirkby "Grindallieth" and Wintringham, which he had purchased of George Dakins, late of Fowbridge, esq.3 Remainder to his daughter Margaret, wife unto Walter coat, Argent, an anchor sable, but on 2 Reg. Test., xxvi, 227d. 3 March 1, 21 Eliz. (1578-9). George Dakins th❜elder, of Foulbridge, esq. Το children of son, George Dakins, and of daughter, Mary Isons, wife of Charles Isons, the lease of the personaige of Weirthorpe, alias Weverthorpe (except Ioli. rent which Thomas Colthurste of York, gent., doith paye vnto me for the tiethes of Eastelutton and Westlutton), payinge the rente dewe to the deane and chapiter of Yorke. To sonne, Arthure Dakyns of Cowton, my lease of the personaige of Cowton, paying yearlie vnto my nephew, Thomas Dakyns, and Margaret, his wif, duringe there lyf naturall, sex poundes. To Eliz. Dakins, doughter to my nephew, Thomas Dakins, Devereux, esq., in tail; with remainders in tail male to Humphrey Dakins of Chelmerton, in the Peake, county Derby (his brother), to his nephews, Richard Gates and William Brewerton, and to Arthur Beverley, son of Peter Beverley. After giving 20li. to Elizabeth Strangwish, and half that sum to Elizabeth Constable, daughter of William Constable of Sherburne, and giving the residue to his wife and daughter, whom he appointed his executors, he made his trusty friends, Thomas Bambrough, esq., and Richard Percy of the city of York, Doctor of Law, the supervisors of his will. The will was proved by the executors on Jan. 31, 1595-6. Between the date of the will and its proof Margaret Dakins not only lost her husband, Walter Devereux, but had married a second husband, Thomas Sidney, third son of Sir Henry Sidney, brother of the well known Sir Philip Sidney. The authority for this marriage is the monument to Arthur Dakins at Hackness. A little over a year after she became a widow for the second time. She married lastly Sir Thomas Posthumus Hoby, in conjunction with whom she erected a monument to her father's memory in Hackness Church. This monument,' which is affixed to the north wall of the chancel, within the altar rails, consists of a black marble slab, measuring 21 inches in height by 21 inches in breadth, upon which is the chief inscription. The main portion of the monument is of white marble veined with red, and has a projecting cornice at the towardes her preferment in marriage, tenne pounde. To my doughter-in-lawe, Katherine Creike, 40s. a yeare oute of the said personaige of Weythroppe. To Elline Sapcotes, towardes her preferment in marriage, 30/i., so that she marry withe the consent of my sonne, Arthure Dakins. To Katherine Colthurst, wyf of Thomas Colthurst, for her paynes taken with me in my sicknes, my bed wythe the furnyture, and other my houshold stuff nowe remaynynge at her husbandes house. Res. to my sonne Arthure Dakyns, my sole executor. My cosyn, Arthure Dakyns esq., to be supervisor, and for his paynes I gyve vnto hym my best horse. Wit nesses, Charles Isons, John Bickerton, William Miles. Codicil, dated March 6 in the same year. To nephew Thomas Dakins of Westheslerton, and Margaret, his wyf, all my interest and terme of yeares in all that parlor or house, standinge in the precinct of the courte or yearde of Fowbrige, my chamber, one litle garth, called the Dove Cote, on the easte side of the said parlor, one close or pasture, called the Litle Pranck Close, withe the heye growinge vpon the furrowes of the corne close, on the southe side of the other Prank Close; the gaites or pasturinge of 22 kyen, 4 oxen, 4 horsses or maiers, within the closes and groundes of the manour of Fowbrige, during the holle tyme of the yeare; and the wyntringe and keipinge of seaven score sheipe with sufficient and competente fother and pasture in wynter onely, by vertue of a lease maid vnto me by George Dakyns, the yonger, my sonne; also all my tytle to one close, called Great Pranck Close, under a similar lease. In a second codicil, dated the day following, made in the night time, namely about one or two of the clock, when the bequest to Katherine Colthurst was read to him, he said, "Naye, Marye, I do not, for I neither gave the teastour, nor the vallainge, nor the curtinges, nor the coueringe, meanynge that coueringe whiche in his last seiknes, nowe and then, did lye opon hym, nor the downe bedd, but onely so moche as was at her howse." Proved March 23, 1578-9 (Reg. Test., xxi, 313). 1 The reader is indebted to Mr. E. W. Crossley, a member of our Society, for notes on the monuments at Hackness and a description of the chapel at Harwood Dale. top. This cornice is surmounted in the centre by a device, on which are the arms of Dakins, and over them a visor; above this, again, being the forefront of a horse erect. The device is flanked on either side by a pyramidal column of red marble. The slab bearing the inscription is surrounded by a double border, the inner and narrower being plain, and containing in the centre of each side a water lily in high relief. The top portion of the outer border is decorated with three circular bosses of black marble. The outer border on each side is embellished with three shields of arms. The bottom portion of the outer border, which projects somewhat and is separated from the inner border by a slight moulding, is ornamented with three circular bosses similar to those on the top portion of the border. On either side of the central of these latter bosses is the supplementary portion of the inscription. Below this again comes some scroll work in low relief, with a larger circular boss of black marble set in the centre of it. HERE LIETH INTERRED IN YE ASSVRED HOPE OF YE RESVRREC- WTHOVT ISSV YE 26 DAY OF IVLY 1595 WHOS BODY WAS BY HIS Q: MATIE THAT NOWE IS. 1 The figure 2 in 1592 is painted, or cut and painted, over a figure 3, On the bottom of the monument the following, in IN DVTIFVLL MEMORYE OF YE THOMAS POSTHVMVS HOBY & ERECTED THIS MONVMENT This monument contains a wealth of heraldry, for the elucidation of which the Society is indebted to the Rev. C. V. Collier. I. II. At the top in the centre, Argent, an anchor sable.-DAKINS. I. Argent, a fess gules, in chief three torteaux, with a 2. 3. 4. 5. Argent, a cross engrailed gules between four water- France and England quarterly, a bordure argent.— Azure six lions rampant or between a bend cotised of Gules two bend, one or, the other argent.-FITZWALTER. 6. Quarterly or and gules an escarbuncle sable.MANDEVILLE or MAGNEVILLE. 7. Gules, semée of billets or, a fess argent.-LOUVAIN. 8. Argent, a fess and a canton gules.-WYDeville, 9. Argent a saltire gules fretty or.-CROPHULL or 10. CROXHILL. Or, a fret gules.-VERDON. 11. Party per pale or and vert, a lion rampant fourchée gules.-MARSHALL, EARL OF PEMBROKE. 12. 13. Gules, a bend lozengy or.-Strongbow. 14. Azure, three garbs or.-Blondeville. 15. Gules, seven mascles or, voided of the field.—QUINCY. 16. Gules, a cinquefoil argent.-BEAUMONT. III. Quarterly: I. Or, a pheon azure, a mullet for difference.-SIDNEY. Argent, three chevronels gules, a label of three points argent.-BARRINGTON. 2. 3. Quarterly or and gules an escarbuncle sable. MANDEVILLE. 4. Barry of ten argent and gules a lion rampant or.— ADAMS. |