[Details of the Complaint hearing]
[QUESTIONS ASKED OF HENRY HANN'S WITNESSES AND THEIR EVIDENCE]
Interrogatories to be administered to witnesses to be produced on the part and beliefs of Henry Hann compl(ainan)t against Agnes Prowse widow def(en)d(an)t.
1. Inprimis: Doe you knowe the parties compl(ainan)t and def(en)d(an)t and her late husband Thomas Prowse deceased or any of them and which of them by name and how long have you known them or any of them and which of them. Did you know one PHILLIP HANN late of Widworthy in the countie of Devon deceased and did you know JOHN TANNER clark deceased heretofore rector of the parish church Offwell and which of them
2. Item: Doe you knowe the mannor of Dalwood in the county of Dorsett and one farme there called by the name of Forde. What was said farme worth to be lett by the years about the tyme of the death of PHILLIP HANN. How long hath the defend(an)t. or her late husband occupyed and enioyed the said farme or any and what parte thereof.
3. Item: Doe you knowe that the compl(ainan)t did at any tyme and how long since contract with bargayns and sell unto the said ---claimer or whom else All his estate or interest and terms of yeres if and in the saide farme. If yes what was the said contract and bargayne. And how much money and by whome was promised or agreed to be paid or secured to be paid for the same. By whome where and to whom wa the same and and and what part paid or secured. Did you see the same or any parte thereof paid
4. Item: Where you pr---- or p(re)sent or a witnes at or to the sealing and delivery of an indenture of assignement or any other deed of the famre called Forde by the compl(ainan)t. Is your name subscribed as a witnes thereunto. Who was then also present. What be theire names and habitat(i)ons. To whom was the said deed made by the compl(ainan)t. Was it to one THOMAS RADDON in trust, for one Mr TANNER or for whome else by name. Did you see the compl(ainan)t set his name and put his seale to the same. How doe you knowe the same was sealed and delivered and was the same sealed and delivered by the said compl(ainan)t and to whom as his act and deed absolutely or but condit(i)onally or in trust or in what other manner were the said condit(i)ons or trusts declared at the tyme of the sealing and delivery of the said deed or expressed therein. What were the same termes and condit(i)ons. Declare what you knowe have credibly heard or doe verily beleeve touching this interr(ogatorie). or any parte thereof with the reasons .......... your beleefe.
5. Item: Did the said compl(ainan)t either enter into or take possession of or make any clayme to the said farme since the death of the said PHILLIP HANN. How was he ented? or how long since was the said clayme or entrey made. Was not the compl(ainan)t HENRY HANN to enioy the farme called Forde after the death of the said PHILLIP HANN. If so what became of the said...es and writings touching and .........
6. Item: What other matter of thing doe you knowe have heard or can materially depose for and on the behalfe of the pl(ain)t(iff)? concerning the matter now in question. Declare the truth at large with the reasons and circumstances thereof
Ri: Chanon
Will: Isack
John Cole
[Witnesses answers:]
Ex p(ar)te quer Deposicons of witnesses taken at Honyton in the countie of Devon the fourteenth daye of January in the three & twentieth yeere of he raigne of our souvraigne lord Charles by the grace of God of England Scotland France and Ireland king defender of the faith & before Richard Channon William Isack & John Cole gent by vertue of a comyssion out of his ma(jes)ties High Court of Channcery unto them & unt Eustace Budgell gent directed for the Examynacon of witnesses in the cause there depending betweene Henry Hanne complayn(an)t & Agnes Prowse wid(ow) defend(an)t as follows:
WILLIAM HOOPER of Shute in the countie of Devon yeoman brother in law to the compl(ainan)t aged threescore yeeres or there abouts &p(ro)duced to the first second & fifth interr(ogatorie) and thereuppon sworne & examyned
1. To the first interr(ogatorie) this depo(sa)nt sayth he very well knoweth the compl(ainan)t & defend(an)t and did likewise knowe PHILLIP HANNE and JOHN TANNER deceased in the interr(ogatorie) named
2. To the second interr(ogatorie) this depo(sa)nt sayth that he well knoweth the mannor of Dalwood in the countie of Dorsett and doth know the farme in the interr(ogatorie) mentioned called by the name of ford. W(hi)ch said farme was worth about threescore pounds p(er) an(nu)m at the tyme of the death of the said PHILLIPE HANN who dyed about nyne yeeres sithence? possessed thereof. And further sayth that the defend(an)t & Thomas Prowse her late deceased husband have enipyed the said farme sithence the decease of the said PHILLIP HANN whoe dyed about nyne yeeres sithence and more to this interr(ogatorie)he deposeth nott
5. To the fifth interr(ogatorie) this depo(sa)nt sayth that about nyne yeeres sithence fower dayes after the death of the said PHILLIPE HANN hee was present w(i)th the comp(lainan)t when hee entred uppon some p(ar)te of the grounds belonging to the said farme called forde in the name of the whole and further sayth the he hath heard & doth beleeve that the comp(lainan)t HENRY HANN was to have & enioy the farme called forde after the decease of his brother PHILLIPE HANN and likewise sayth that he hath heard & doth verylie beleeve yt to be true that the said TTHOMAS PROWSE the defend(an)ts husband deceased did imedyately after the decease of PHILLIPE HANN enter the said howse and that uppon p(re)tence of pufall of the writings touching the said lande the farme were delivred unto hym w(i)th p(r)omysses to redeliver the same againe in shorte tyme afterward and that hee did take & carry away the said evidences & writings touching and concerning the said farme and more to this interr(ogatorie) he deposeth nott
ELINOR DOWNING of Dallwood in the countie of Dorsett wyddow aged threescore yeeres or thereabouts p(ro)duced to the fifth interr(ogatorie) onely and thereinto sworne and examyned
5. sayth that shee doth not knowe of any entry that was made by the compl(ainan)t uppon the lande in the interr(ogatorie) named but knoweth that he had an estate in the same purchased by ROBERT HANN the compl(ainan)ts father for the terme of his liffe. And further sayth that the deeds or writing concerning the same shortely after the decease of PHILLIPE HANN who dyed possessed thereof was by intreatye of Mr THOMAS PROWSE the defend(an)ts late husband delivred unto the said Mr THOMAS PROWSE by one JAMES SMITH sonne in law of thaforesaid PHILLIPE HANN w(i)th said lease or writing was p(ro)mysed to be redelivred in some shorte tyme after. And more to this interr(ogatorie) shee cannot depose
WILLIAM DOWNING of Dallwood in the countie of Dorsett yeoman aged twenty-fower yeeres or thereabouts p(ro)duced to the first & second interr(ogatories) and thereuppon sworne & examyned
1 To the first interr(ogatorie) this depo(sa)nt sayth that he knoweth the compl(ainan)t HENRY HANN & did very well know PHILLIP HANN deceased, And more to this interr(ogatorie) he cannot depose
2 To the second interr(ogatorie) this depo(sa)nt sayth he knoweth the mannor od Dallwood in the countie of Dorsettand the farme in question called ford there, which said farme worth to be lett at the tyme of the death of the said PHILLIPE HANN threescore pounds p(er) Ann(um) or thereabouts & futher sayth that as he hath credibly heard & beleeveth yt to be true that the p(ro)ffitts of the said tenem(en)t sithence the death of the said PHILLIPE HANN taken & enioyed by TTHOMAS PROWSE the defend(an)ts husband decesed and sithence his death by the defend(an)t AGNES PROWSE his wyfe and more to the this interr(ogtorie) he cannot depose
JAMES SMITH of Widworthy in the countie of Devon husbandman aged fortie yeeresor thereabouts p(ro)duced to the seconde and fifth interr(ogtorie) thereuppon sworne and examyned
2. To the seconde interr(ogtorie) this depo(sa)nt sayth that he doth not well know the mannor of Dallwood but doth well know the tenem(en)t in question called fordw(hi)ch said tenem(en)t at the death of the said PHILLIPE HANN who died aboute nyne years since was baleived to be worthabout three score pounds by the yeere and further sayth that the said tenem(en)t hath bene enioyed by THOMAS PROWSE deceased late husband of the said defend(an)t & sithence his decease by the defend(an)t or her assignes as he beleeveth
5. To the fifth interr(ogtorie)this depo(sa)nt sayth that the compl(ainan)t shortely after the decease of the said PHILLIPE HANN did laye claime to the said tenem(en)t in question & as his depo(sa)nt hath credibly heard did make an entry into the farme or some p(ar)te thereof But how he was outled? thereof this depo(sa)nt knoweth not And instance of the sayde Mr PROWSE was delivred unto the said Mr PROWSE w(hi)ch he then took & putt into his pockett saying that the same did belong unto hym the said Mr PROWSE and afterwards being requested by the depo(sa)nt to redeliver the same he the said THOMAS PROWSE refused to doe And more to this interr(ogatorie) he cannott depose.
Ri: Chanon
John Cole
Will: Isack