[Details of the defence hearing]
[QUESTIONS ASKED OF AGNES PROWSE'S WITNESSES AND THEIR EVIDENCE]
Interrogatories to be administered to witnesses p(ro)duced to be examyned on the p(ar)te and behalfe of Agnes Prowse widdow defend(an)t to the bill of complainte of Henry Hann compl(ainan)t.
1. Inprims: Did you knowe the compl(ainan)t & defend(an)t Agnes Prowse or either of them. How long have you knowne them or either of them.
2. Item: Did you knowe JOHN TANNER clarke deceased late father of the defend(an)t AGNES PROWSE & THOMAS PROWSE gent deceased late husband of the defend(an)t and ROBERT HANN deceased late father of the said compl(ainan)t and PHILLIPE HANNE deceased brother of the compl(ainan)t or any of them. How long did you knowe them or either of them respectively before theire sevrall deathes. When & how long since dyed they respectively one after thother
3. Item: Doe you knowe the farme or tenem(en)t. in question commonly calleed Forde sittuate in the p(a)rishe or mannor of Dalwood in the countie of Dorsett late in the tenure of the said PHILLIPE HANNE deceased. What estate terme or interest had the said PHILLIPE HANNE or the said compl(ainan)t therein. Who had the re...cord in fee thereof after theire deathes or after Mr WARR sold the said mannor. How long did the s(ai)d PHILLIP HANN or his assignes hold & enioy the farme befor his death, who held & enioyed the same and took the rente issues & p(ro)ffitts thereof from & after the deathe of the said PHILLIPE HANNE during the lyffe of the said THOMAS PROWSE & ever since his death. Whether were they or either of them molested or interupted in theire or either of their possession thereof, yf yea by whome, declare what you knowe beleeve or have heard to every p(ar)ticuler of this interrogatorie
4. Item: Doe you knowe or have heard that the said THOMAS PROWSE deceased after the deaths of the said PHILLIPE HANNE did question or taxe the said compl(ainan)t for worde or speeches by hym delivered or gyven out that the compl(ainan)t had or pretended to have some estate or interest in or to the tenem(en)t in question. If yea when where or in whose presense was yt. Was ALLEXANDER HANN sonne of the compl(ainan)t then present. What speeches did the said THOMAS PROWSE then ...se or deliver to the compl(ainan)t in that behalfe. And what did the compl(ainan)t answer thereunto. Did not the said THOMAS PROWSE then and there question the compl(ainan)t concerning a deed or an assignm(en)t forme(r)ly made by the compl(ainan)t of all his right & interest in the tenem(en)t in question unto the said JOHN TANNER or to some other p(er)son in trust for the said TANNERS lyfe or benefit. Did the compl(ainan)t denye the said deed or writing to be his owne acte & deed or writing to be his owne acte & deed. Did the compl(ainan)t then seem to be sorrie for what he had done concerning his pretended title to the promisses and what worde did he use or deliver to the said THOMAS PROWSE touching the said tenem(en)t or his pretended title thereunto. Declare what you knowe beleeve or have heard to every p(ar)ticuler
5. Item Doe you know or have crediblie heard that the said JOHN TANNER deceased in his liffetyme did buy or contract and agree to buy of the compl(ainan)t his said estate terme or interest of and on & in the tenem(en)t in question w(hi)ch he had then therein for terme of his liffe or for yeares determynable by his death in revercon of the liffe or estate of the said PHILLIPE HANN. When or how long since was yt, what sume or sumes of money or other consideracon did the said JOHN TANNER give or paie, or was he to give or paie to the compl(ainan)t for the same. Doe you knowe beleeve or have crediblye heard that the said money or consideracon was truely paid accordingly by the said JOHN TANNER and w(i)th the said TANNERS owne p(ro)per money. What have you heard the compl(ainan)t or defend(en)t or the said JOHN TANNER or any other to confesse or acknowledge concerning the receipte or paiem(en)t thereof. Declare what you know beleeve or have heard to every p(ar)ticuler of this interr(ogatorie)
6. Item Doe you knowe or have heard that the compl(ainan)t since the commencem(en)t of this suite against the said defend(an)t or before did speak or deliver such or the like words in effect following vizt that this suite in channcerie was comenced or p(ro)secuted by Allexander Hanne sonne of the s(ai)d compl(ainan)t and now one of the clarks of the channcerie office against the will or w(i)thout the consent or approbacon of the said against the will or w(i)thout the consent or apporacon. Doe you know or have heard or doe beleeve that the said ALLEXANDER HANNE was or is to have the benefitt of the tenem(en)t in question, yf it may be recorded from the defend(en)t by vertue of this suite or what words did the against the will or w(i)thout the consent or apporacon or the s(ai) ALLEXANDER HANNE use or deliver to you or to any other in yo(u)r hearing touching this present suite or the tenem(en)t in question and when where and to whome speak what you knowe beleeve or have heard touching the matter of this interr(ogatorie)
7. Item Did not the said PHILLIPPE HANNE at the tyme of his deathe leave the dwelling howse & other outhowses of the said tennem(en)t in great payne and decaye for want or repacon. Did not a great p(ar)te of the said howse or howses by meanes thereof fall downe shortly after his death. By whome & at whose cost & charges were the same now built and what did or might the same cost. Did not the said PHILLIPPE HANNE before his death & how long before fell downe dyvers tymber trees & other trees & comitt dyvers other waste & distruccon on & uppon the said tenem(en)t & to what value as you know beleeve or have heard
8. Item What cleare yearely benefitt or p(ro)ffitt hath the said THOMAS PROWSE and AGNES PROWSE his wyffe or either of them respectyvely made and received by the space of 5 or 6 yeares now last pat or since the armyes began to quarter and reside in these westerne p(ar)tes out of the rents issues & p(ro)ffitts of the tenement in question over & besyds all rates taxes charges of billiting of souldyers and other unavoydable charges w(hi)ch have bene yeerely or one tyme w(i)th thother bene disbursed paid or borne out of or for the tenem(en)t during the tyme aforesaide. What would the said tenem(en)t now yeelde by the yeere to be sett for 3 4 or 5 yeeres now following if the tennant or tennants thereof were bound to paye & discharge all such rates taxes & repacon & should be lyable chargeable thereupon. Speake what you knowe beleeve or have heard to any p(ar)ticuler of this interr(ogatorie)
9. Item Did you knowe the hande writing of JOHN CHASE gent deceased BARTHOLOMEW PALMER deceased JOHN TANNER deceased brother of the now defend(an)t and of WILLIAM MOXSIDGE deceased or of either or w(hi)ch of them. Doe you knowe or beleeve in conscience that the name of JOHN CHASE BART PALMER JOHN TANNER & WILLIAM MOXSIDGE w(hi)ch are sev(er)ally subscribed or written to .. the deeds or writings or either of them now shewen unto you at the tyme of this yo(u)r examynacon were the p(ro)per handwriting of them or either of them sevrally or w(hi)ch of them and how doe you know the same or what induceth you so to beleeve. Of what creditt reputacon were the said JOHN CHASE BARTHO(LOMEW) PALMER JOHN TANNER and WILLIAM MOXSIDGE respectively. Doe you thinke or beleeve that they or either of them would have written or subscribed his or theire name as witnesses to the sealling & delivrie of any deed or deeds if the same had not beene truely sealled & delivred accordinglie in theire presence. Declare what you knowe beleeve of have heard to every p(ar)te of this interr(ogatorie)
10. Item Were you witnes to the sealling & delivrye of the sevrall deeds or writings or either & w(hi)ch of them now shewen unto you at the tyme of this yo(u)r examynacon. Doe you knowe the handwriting or the marke of any or either & or w(hi)ch of the p(er)son or p(er)sons whose names or markes are sett subscribed or indorsed to the saide deeds or writings or either of them as p(ar)ties or witnesses thereby. And whether is or are such name or names marke or marks the prop(er) handwriting of such sevrall p(er)son or p(er)sons respectively as you knowe or verylie beleeve in yo(u)r conscience & how do you beleeve the same. And whether doe you know or beleeve in yo(u)r conscience that the sevrall deed or deeds or writings & w(hi)ch of them were truely signed sealled & delivred according as the subscripcon or indentm(en)t made or written therein doth importe. Speak what you know or beleeve herein
11. Item Of what creditt respect or esteeme was the said JOHN TANNER amonge the knights justices and gents of that country wherein he lyved & amonge his neighbours and all others to whome he was knowne. And what estate or abbillitie was hee for the space of twenty yeeres or thereabouts before his deathe and at the tyme of his death in lands tenem(en)ts goods & chattles and was he not a greate purchesser of lands tenem(en)ts and bestowed great sumes of money. And what yeerly valewe are such lands or tenem(en)ts whereof he dyed seized or possessed at the tyme of his death w(hi)ch were of his owne purchasse. Did you evr knowe or beleeve that he bought any such lands or tenem(en)ts or left the money or consideracon unpaide w(hi)ch was due for the same. Declare the trueth what you knowe or beleeve etc
12. Item Did you ever knowe the compl(ainan)t to qyestion or sue the said JOHN TANNER at any tyme during his lyffe for or concerning the sume of one hundred pounds or any other sume w(hi)ch the said JOHN TANNER should owe on promisse to paye for the tenem(en)t in question w(hi)ch he bought of the said that the compl(ainan)t. If yea when where and uppon what oucasion was yt and what became thereof. Doe you truely thinke or beleeve in yo(u)r conscience that the said JOHN TANNER would have lefte the said money or any p(ar)te thereof unpayd in his lyffe tyme or that the compl(ainan)t would have neglected or forborne to sue the said TANNER his executoror administrator for the same. In all the tyme since the saide JOHN TANNER bought the compl(ainan)ts right in the said tenem(en)t ys the said money had not bene formerly & truely satisfyed. Declare what you know beleeve or have heard to every p(ar)ticuler of this interrogatorie
Ri: Chanon
Will: Isack
John Cole
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Ex p(ar)te
defend(an)ts
Deposicons of witnesses taken at Collumpton in the countie of Devon the sixth daye of Aprill in the fower & twentieth yeere of the raigne of our souvraigne lord Charles by the grace of God of England Scotland France and Ireland king defender of the faith Before Richard Chanon John Cole William Isaacke & Eustace Badgell gent By vertue of his said ma(jes)ties comyssion issuing out of his heighnes Court of Channcery unto them directly for the Examynacon of wytnesses in the cause there depending betweene AGNES PROWSE wid(ow) defend(an)t at the suite of HENRY HANNE complayn(an)t as followeth....:
THOMAS BELLETT senior of Dalwood in the countie of Dorsett Husbandman Aged Seaventie yeares or thereaboute p(ro)duced to the Third Fifth Seaventh & Eleaventh Interrogatories & thereunto sworne & examyned
3 To the Third Interr(ogatorie) this depo(sa)nt sayth that he doth well knowthe ffarme or tenem(en)t in question called Ford somtyme Mannor of Dalwood in the countie of Dorsett and that the same late was in the tenure of one PHILLIPPE HANN deceased Brother to the Compl(ain)ant And that the said PHILLIPPE HANN had a lease or estate therein for his lyffe or yeares determynable uppon the death beleeveth that the Comp(lainan)had the like estate therein in the said PHILLIPPE for his the compl(ainan)ts life or yeares uppon his death And the depo(sa)nt further saith that one John Tanner Clark deceased father of the defend(an)t had the the same farme or tenem(en)t by purchase from one Mr WARR of Hestercome somtymes Lord of the said Mannor of Dalwood and that the said PHILLIPPE HANN enioyed the same from the death of ROBERT HANN his father untill the death of the said PHILLIPPE being about of thirtie yeares And that THOMAS PROWSE the defend(an)ts deceased husband did after the death of the sadi PHILLIPPE HANN hold the said farme or tenem(en)t and received the rent issues & p(ro)fitts thereof during his liffe w(hi)ch was by the space of eight yeeres in th And that the said THOMAS PROWSE dying about three years since the defend(an)t Agnes did thereuppon enter and hath since the same And this depo(sa)nt also saith that he doth not know that the said THOMAS in his lyffe tyme or the said AGNES since his death was ever interrupted in the possession of the said tenem(en)t
5 To the fifth Interr(ogarotrie) this depo(sa)nt sayth that he this depo(sa)nt hath oftentymes and uppon sevrall oucasions heard the Comp(lainan)t to say and acknowledge that he hath sold his estate in the farme or tene(men)t in question unto JOHN TANNER the defend(an)ts father for the sum of one hundred pounds And that he the said Compl(ainan)t had received the most p(ar)te of the money And further said that the said Mr TANNER was soe honest a man as that he the said Compl(ainan)t knew he should have the rest of the money at his pelasure w(hi)ch words were so and spoken by the said Compl(ainan)t about eight or ten yeeres before the death of the said JOHN TANNER And this depo(sa)nt doth beleeve what the Compl(ainan)t then spake was true for that it was the publiquelie reported and taken notice of in the country th that the said Comp(lainan)t had solde his foresaid estate unto the sayde Mr TANNER for an hundred pounds But what p(ar)te money the said Mr TANNER had payde unto the Compl(ainan)t this depo(sa)nt doth not knowe and more to this Interr(ogatorie) he cannot materially depose
7. To the seaventh Interr(ogatory) this depo(sa)nt sayth that PHILLIPP HANN in the Inter(regatory) named did at the tyme of his death [leave the] dwelling house and outhouses of the Tenem(en)t in question in great ruine & decaye for wante of repacon By meanes ......... great p(ar)te of the said house & outhouses did shortly after death of the said PHILLIPE HANN falle downe w(hi)ch .....since repaired & new builte by the defend(an)t and her Deceased husband And this depo(sa)nt further saith that the said PHILLIPPE HANN did in his lyffe tyme fell downe dyvers Tymber trees and other trees and Comit much wast and distructon uppon ........ in question and further to this Interr(ogatory) this depo(sa)nt cannot depose.
11. To the eleventh Interr(ogatory) this depo(sa)nt sayth that the said JOHN TANNER was in his life tyme in verry good Creditt & ..... Knights Justices & gent of the Countie wherein he lyved and amongst his neighbours & others that knew hym And was of a good estate & Abillitie for the space of Twentie yeares and more before his death And was by all the tyme aforesaid ....durch a few of sev(er)alllands leases & estates And at his death dyed seized of a good estate of his owne purchasing And this depo(sa)nt doth not know or believe or hve heard That the saud TANNER did at any tyme buy any lands or Tenem(en)ts for ..... left any p(ar)te of the money or consideracon for the same unpaiede and more to this Interr(ogatory) he cannot Materially depose
THOMAS BELLETT Junior of Dalwood in the Countie of Dorsett husbandman aged fortie yeares or thereabouts produced the fifth Interr(ogatory). onelie and thereunto sworne & examyned
5. sayth he this depo(sa)nt being for the space of Twelve yeares .... a servant unto & living in house with PHILLIPP HANN the Compl(ainan)ts Brother he this depo(sa)nt about ten yeares before the death of the said PHILLIPPE was present when the said PHILLIPPE HANN did .... of the Compl(ainan)t whether he the said Compl(ainan)t had from Mr TANNER had all the hundred pound w(hi)ch the said Mr TANNER was to paie for his the sayd Compl(ainan)ts estate in in the question w(hi)ch he had sold to the saidMr TANNER whereunto the said Compl(ainan)t made Answer that he had received th.....oteof the money And more he Cannot Materially depose.
CHARLES SWETLAND of Dallwood in the Countie of Dorsett husbandman aged fortie twoe yeares or thereabouts produced the thirde fowerth seaventh & eight Interrogatories and thereuppon sworne & examyned
3.4 To the thirde and fowerth Interr(ogatorie)s this depo(sa)nt sayth that he doth know re...enent in question and that the same was .... in the Tenure of PHILLIPPE HANN who had an estate therein by lease for his life or for yeares determynable uppon his decease And the Compl(ainan)t had the like estate therein for his liffe or for yeares determynable uppon his death in Re...con of his said Brother that the Re...con thereof in fee was as this depont hath heard & believeth in JOHN TANNER Clark deceased by purchase from Mr Warr of Hestercoombe w(hi)ch uppon the death of the said JOHN TANNER descended unto the now defend(an)t And further saith that the said PHILLIPP HANN (dying at Candlemas last was Nyne yeares) one THOMAS PROWSE deceased the defend(an)ts late husband did thereuppon enter into the f... and did holde & enioye the same and received the Issue & p(ro)ffitts thereof whilest he lyved in the right of his said Wyffe. And the said THOMAS PROWSE dying aboute three yeares since the said defend(an)t & her Assignes hath ever since held & enioyed the .... w(hi)ch the said Tenement or the greatest parte thereof this depo(sa)nt hath held from the defend(an)t and her said deceased husband at ............... since the death of the said PHILLIPPE HANN And this depo(sa)nt further sayth that shortely after the death of the said PHILLIPPE HANN the said Compl(ainan)t did repaire unto the dwelling house of the tenem(en)t in question And did Indeavour to p(er)swade this depo(sa)nt to deliver unto hym the possession of the said house Affirming that yf this depo(sa)nt woud so doe he this depo(sa)nt should holde the same from hym the said Compl(ainan)t at a Lower rate than he had it from the said Mr PROWSE And about two daies after this depo(sa)nt was present at the Tenem(en)t aforesaid when the said Mr PROWSE did question the Compl(ainan)t for p(re)tending ...... said tenem(en)t At w(hi)ch time one ALLEXANDER HANN (the Compl(ainan)ts sonne) CHRISTOPHER BLACKMORE & ....... were there likewise p(re)sent And the said Mr PROWSE did then demand of the said Compl(ainan)t whether he did lay a[ny claim] to the said tenem(en)t in question whereunto the said Compl(ainan)t saith that he did uppon w(hi)ch the said Mr PROWSE ..... the said Compl(ainan)t whether he had not formerly sold the same unto Mr Tanner unto which the said Compl(ainan)t replyed he had sold it to JOHN TANNER but had not received all his money for the same And the said Compl(ainan)t being againe demanded how much of the money he had received & how much he had not received the said Compl(ainan)t thereunto answered that he did not know but the said Compl(ainan)t he Affirmed that he believed that the greatest p(ar)te of the said money was unpaid, uppon [w(hi)ch the] said Mr PROWSE did ask the said Compl(ainan)t whether that he the said Compl(ainan)t had not made a deed thereof to ......... to w(hi)ch the Compl(ainan)t said that he did not remember that he had made any such deed whereuppon the said Mr PROWSE did ask the said Compl(ainan)t how he did write his name; And the said Compl(ainan)t said that he wrote his name at length Mr PROWSE .... asked the Compl(ainan)t whether he had sed then before to write his name soe: w(hi)ch the said Comp(lainan)t then Acknowledged that he had not used to doe in former tymes but was wonte to make onely an 'h' for his mark; And uppon this discourse the said Mr PROWSE did require that the said Compl(ainan)t to give unto the said Mr PROWSE further Assurance for the enioying of the said tenem(en)t and desired this depo(sa)nt & others there present to beare witnes thereof. And the said Compl(ainan)t thereuppon expressing some sorrow for what he had Donne in questionning the said estate told the said Mr PROWSE that he would have noe more to doe w(i)th the sayd Tenem(en)t and further said god give you Joye of yt. And this depo(sa)nt doth not knowe that the said Mr PROWSE or the now defend(an)t was at any other tyme or in any other manner interrupted in theire possession of the tenem(en)t in question then is in this deposicon before declared and further or otherwise to this Interr(ogation) he can not Materially depose
7. To the seaventh Interr(ogatory) this depo(sa)nt sayth That the said PHILLIPPE HANN did at his death did leave the dwelling house and the outhouses of the tenem(en)t in question in great ruine & decaye by meanes whereof a great p(ar)te of the said houses did fall downe w(hi)ch hath bene since repaired & new builte by Mr PROWSE and the defend(an)t and more to this Interr(ogatory) he cannot Materially depose
8. To the eighth Interr(ogatory) this depo(sa)nt sayth that he having lyved uppon the tenem(en)t in question ever since the death of PHILL HANN as aforesaid this depo(sa)nt doth know that the said Mr PROWSE and the defend(an)t since his death have for the space f this five of sixe yeareslast past made very little cleare? p(ro)ffitt or benefiff of the tenem(en)t in question but the most p(ar)te thereof hath bene layd out ....... quartering of souldyers & other taxes , but in regard of the uncertaintie of such charges & taxes ..... for tyme to come this depo(sa) doth not know what the said tenem(en)t will yeerley yield for any terme to come
HENRY BASELEY of Dalwoode in the Countie of Dorsett husbandman Aged fiftie yeeres of thereabouts p(ro)duced to the fowerth and tenth Interr(ogator)i(e)s and theruppon sworne and examyned
4. To the fowerth Interr(ogatory) this depo(sa)nt sayth that shortely after the death of PHILLIPPE HANN he this depo(sa)nt was presant in the howse of the Tenem(en)t in question w(i)th THOMAS PROWSE the defend(an)ts deceased husband the Compl(ainan)t ALLEXANDER HANN his sonne CHARLES SWETLAND CHRISTOFER BLACKMORE & others? at w(hi)ch tyme there was some conference and discourse betwixt the said Mr PROWSE & the sayd Compl(ainan)t touching the Tenem(en)t in question & amongst the discourse bewteen the said Mr PROWSE and the said Compl(ainan)t the said Mr PROWSE did question the Compl(ainan)t for pretending Title to the said Tenem(en)t Brothall? did demand of the said Compl(ainan)t whether he had not made some grannte or assignem(en)t of his estate in the tenem(en)t in question unto Mr TANNER or to one RADDON for his use there no .....not given bond theruppon for p(er)formance of covenante whereunto the said Compl(ainan)t replied that he did not remember that he made any such assignment or gave any such bond ....... to write his name at length Mr PROWSE then demanded of hym whether he did ever used to write his name soe And the said Compl(ainan)t then replyed that in former tymes he did use to make only an 'h' in steed of his name And thereuppon the said Compl(ainan)t desired the said Mr PROWSE that he might see the said deeds or Assignem(en)t And said that uppon sight he would be Satisfied unto w(hi)ch the said Mr PROWSE made Annswer that in a fair waye he should have seen any thing but in the rigorous waye he then came he should not see yt And uppon this Mr PROWSE required the Compl(ainan)t that in case the saide Mr PROWSE his estate in the said tenem(en)t was not good he should make good whereuppon the .... Compl(ainan)t Answered and said unto the said Mr PROWSE m(?) it is yo(urs) trouble not yo(ur) selfe any more about yt. I pray god give you Joye hereof And more to this Interr(ogatory) he cannot Materially depose.
10. To the tenth Interr(ogatory) this depo(sa)nt sayth that hee this depo(sa)nt was by the space of twenty yeeres together last past befor the death of JOHN TANNER the defend(an)ts father a houshold servant unto the said JOHN TANNER the father and JOHN TANNER the younger the defend(an)ts brother both since deceased and this depo(sa)nt was very well acquainted w(i)th the hand writing of the said JOHN TANNER the younger and hath at this tyme in his this depo(sa)nt keeping many letters of the hand writing of the said JOHN TANNER the younger And therefore this depo(sa)nt doth verylie beleeve that the name JOHN TANNER Junior sev(er)ally written Subscribed as a witnes to the sealling & deliverie of the pay deed & bond or obligacon now showed unto hym at the tyme of is examinacon was the p(ro)per hand writting of the said JOHN TANNER the younger And this depo(sa)nt doth verylie beleeve that the said paper deed & bond were truely sealled and delivered ccordingly And more to this Inter(rrogatori)e he cannot Materially depose.
JOHN PROWSE of Bradninch in the Countie of Devon gent Aged thirtie yeeres or thereabouts p(ro)duced to the Tenth Iterr(ogatory) onely and thereuppon sworne and examyned
10. saith that he was present and a witnes to the Signing Sealling and delivery of the parchem(en)t deed or writing now shewed unto him at the tyme of this his Examynacon by the defend(an)t AGNES PROWSE and this depo(sa)nt w(i)th GEORGE PROUZ th(e) elder and WALTER CHALLIS (who were both likewise present) did all of them then endorse theire names as Witnesses thereunto And syth that the name JOHN PROWSE endorsed on the said deed is the p(ro)per hand Writing of this depo(sa)nt.
WALTER CHALLIS of Collumpton in the Countie of Devon Mercer Aged fower & fortie yeeres or thereabouts p(ro)duced to the Tenth Interr(ogatory) onely and thereuppon sworne & Examyned
10. saith that hee this depo(sa)nt was present when THOMAS PROWSE deceased Anad the defend(an)t AGNES his Wyffe did signe seale & deliver the parchm(en)t Indenture or writing w(i)th date the Eight daye of Marche in the Thirteenth yeere of his saide Ma(jes)ties Raigne that now is & now shewed unto this [deposant] at the tyme of this his examynacon as the Acte & deed of them the siad THOMAS PROWSE & of the defend(an)t his said Wyffe And this depo(sa)nt doth beleeve that the rest of the p(er)sons whose names are Indorsed as Witnesses thereunto were likewise present and did Indorse theire names or make theire mark on the siad deed but this depo(sa)nt does not now p(ersonally)? remember that GEORGE GAYDON & JOHN BATTEN whose namess are Indorsed as wytnesses to the said deed were .... present when the same was so sealed & deliv(er)ed bt doth well remember that THOMAS TAYLER & THOMAS CO... were both present & did Indorse theire names w(i)th theire owne hand writing as wytnesses thereunto And this depo(sa)nt further sayth that he was likewyse present when the defend(an)t did signe seale & deliver the parchment deed or writing now shewed unto hym at the tyme of this his Examynacon (bearing date the sixth daye of September in the Eight yeere of the raigne of his said Ma(jes)tie and this depo(sa)nt w(i)th JOHN PROWSE and GEORGE PROUZ th(e) elder (who were likewise present) did all of them Indorse theire names as witnesses to the signing sealling & deliverie of the last menconeds deed
JONAS KENDALL of Wilmington in the Countie of Devon gent Aged five and fortie yeeres or thereabouts p(ro)duced to the Tenth Interr(ogatory) onely thereuppon sworne & Examyned
10. sayth that hee this depo(sa)nt was present when THOMAS PROWSE the defend(an)ts deceased husband did Sign seal & deliver as his Acte & deed the parchm(en)t ..... bearing date the sixth daye of September in the Eighteenth yeere of his now Ma(jes)ties raigne and Shewed .... at the tyme of this his Examynacon And this depo(sa)nt doth well remember that GEORGE CORKERAM was there present and Indorsed his name w(i)th this depo(sa)nt as a Witnesse thereunto was then present but beleeveth that the said GEORGE PROUZ the younger was then present for that he fynds his name there Indorsed
E ........
John Cole
Will: Isacke
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Ex P(ar)te
Defend(an)t
RICHARD NORMAN of Dallwood in the Countie of Dorsett yeoman Aged fortye sixe yeeres or thereabouts p(ro)duced the First Second Fifth Seaventh Eleventh and Twelveth Interr(ogatories) and thereuppon sworne & examyned
1. To the First Interr(ogatory) this depo(sa)nt sayth that he knoweth the Compl(ainan)t HENRY HANN and the defend(an)t AGNES PROWSE and hath knowne the said Compl(ainan)t by the space of Thirtie? yeeres or thereabouts and the said defend(an)t AGNES by the space of twentie yeeres or thereabouts
2. To the Seconde Interr(ogatory) this depo(sa)nt sayth that he did knowe JOHN TANNER Clark deceased late father of the defend(an)t AGNES PROWSE; And ROBERT HANN deceased father of the Compl(ainan)t and PHILLIPPE HANN deceased brother of the Compl(ainan)t butt did not know THOMAS PROWSE late husband of the defend(an)t And further sayth that he knowe the said JOHN TANNER about Twentie yeeres before his death a little before his death and the said PHILLIPPE HANNE And the said ROBERT HANN abut Thirtye yeeres before his death w(hi)ch said JOHN TANNER dyed about Thirteene or Fourteene yeeres sithence And the said ROBERT HANN dyed about Fourtye yeeres sithence ANd the said PHILLIPPE HANNE about nyne yeeres sithence as this depo(sa)nt beleeveth
5. To the Fifth Interr(ogatory) this depo(sa)nt sayth that the Compl(ainan)t HENRY HANN aboute Eight Thirtye yeeres now last past did tell this depo(sa)nt that he would sell his Right & Interrest in the Tenem(en)t in question Called Ford wherein he had an estate for terme of his liffe, but whether the Compl(ainan)t hath at any tyme sithence sold the same unto JOHN TANNER deceased this depo(sa)nt knoweth not And more to this Interr(ogatory) he Cannot Depose.
7. To the Seaventh Interr(ogatory) this depo(sa)nt sayth That the sayd PHILLIPPE HANN at the tyme of his death did leave the dwelling house & other out houses of the Tenem(en)t in question much in decaye for wante of reparacon And further sayth that a great p(ar)te of the said out houses by meanes thereof shortely after the death of the said PHILLIPP HANN did fall downe w(hi)ch houses were reedyfyed by THOMAS PROWSE the defend(an)ts late husband & at his cost & charges w(hi)ch he beleeveth cost the said THO: PROWSE foortye pounds or there abouts And further sayth That he knew that there were certaine Tymber Trees cutt downe uppon th(e) aforesaid Tenem(en)t in the lyffe tyme of the said PHILLIPP HANN to the valewe of fyve pounds or there abouts
11. To the Eleventh Interr(ogatory) this depo(sa)nt sayth That the said JOHN TANNER to this depo(sa)nts knowledge was a man of good repute & creditt amongst the Knights Justices & gentlemen of the Country where he lyved, and likewise amongst his neighbours & others to whome he was knowne And was reputed to be a man of three or fower hundred pounds ..... in lands Tenem(en)ts & Cattle leases whereof he was Seized or possessed by the space of Twentie yeeres last past w(hi)ch were of his owne purchasing as he beleeveth And farther sayth that he verylie beleeveth that the said JOHN TANNER in his Lyffe Tyme did never purchase any Lands Tenem(en)ts or Cattle Leases but did well & truely paye the money or consideracon dew for the same And more to this Interr(ogatory) he cannot depose.
12. To the Twelveth Interr(ogatory) he cannot certainly depose
TRISTRAM COLEMAN of Dallwood in the Countie of Dorsett husbandman Aged fortye five yeeres or thereabouts p(ro)duced to the Second Fowerth Fifth Eighth & Twelveth Interr(ogatories) and thereuppon sworne & Examyned
2. To the second Interr(ogatory) this depo(sa)nt sayth that he knew JOHN TANNER Clark deceased late father of the now defend(an)t and THOMAS PROWSE gent deceased late husband of the said defend(an)t and ROBERT HANN deceased father of the Compl(ainan)t and granndfather of this depo(sa)nt and PHILLIPP HANN deceased brother of the Compl(ainan)t and knew the said ROBERT HANN by the space of fower or five yeeres before his death who dyed aboute five or sixe Thirty yeeres sithence and did know the said JOHN TANNER about Twentie yeeres before his death who dyed about sixteene or eighteen yeeres sithence And did know the said PHILLIPP HANN about fortye yeeres before his death who dyed about nyne yeeres sithence and knew the said THOMAS PROWSE from the tyme of his marriage w(i)th the defend(an)t until the tyme of his death who dyed about fower or five yeeres sithence as he beleeveth
4. To the Fowerth Interr(ogatory) this depo(sa) saith that shortely after the death of PHILLIPP HANN in this Inter(rogatory) named he this depo(sa)nt was present at the dwelling house of the Tenm(en)t were in the possession ....... Compl(ainan)t & ALLEXANDER HANN Sonne in the Interr(ogatory) named & THOMAS PROWSE gent & late husband of the said defend(en)t ........ ELLINOR DOWN? the widdow CHARLES SWETLAND & others at w(hi)ch tyme the said THOMAS PROWSE demanded of the Compl(ainan)t whether his ar....... HENRY HANN or noe, who Answerd yes, And further demanded of hym whether he had not formerly sold ...... in the tenem(en)t in question unto the said JOHN TANNER or his Assignes who then confessed that he had sold the same to the said Mr TANNER , And being further demanded by the said THOMAS PROWSE whether he had not received his fyne for the same Answered that he had received p(ar)te thereof, But what p(ar)te was so Received, or what p(ar)te was unpaiedfor the same this depo(sa)nt knoweth not, And further sayth that the said THOMAS PROWSE then questioned the Compl(ainan)t whether he had made any deed or assignment of the Lands in question to the said TANNER or his Assignes Answered that he had made noe such deed to his remembrance And further said that yf he had done any wronge unto the said Mr PROWSE he was sorrye for yt And yf the said Mr PROWSE had better right thereunto than hymselfe he would have have no More to doe with ytt, but wishes hym much Joye thereof And more to this Interr(ogatory) he cannot depose.
5. To the Fifth Interr(ogatory) this depo(sa)nt sayth that he hath heard & doth verylye beleeve that the said JOHN TANNER did buy the Compl(ainan)ts estat & Interest w(hi)ch he had for his lyffe in the Tenem(en)t in question for the sume of one hundred pounds as he this depo(sa)nt hath heard And more to this Interr(ogatory) hecannot depose
8. To the Eighth Interr(ogatory) this depo(sa)nt sayth that he beleeveth that the said THOMAS PROWSE deceased in his lyffetyme & the said defend(an)ts sithence his death or either of them by the space of five or sixe yeeres last past have made lyttle benefitt of the Tenem(en)t in question beside the Rates taxes & Billiting of souldyers & other avoydable charges w(hi)ch have been borne & disbursed out of the same during the tyme aforesaid And more to this Interr(agatory) he cannot despose
12. To the Twelveth Interr(ogatory) this depo(sa)nt sayth That he never heard that the Compl(ainan)t did question or sew the said JOHN TANNER at any tyme for or conc(er)ning the Sume of one hundred pounds or any other Sume w(hi)ch the said TANNER should owe or pmy? so to paye unto the Compl(ainan)t fo the Tenem(en)t in question w(hi)ch he bought of hym but w(i)th truely thinck & beleeve in his conscience, that the said JOHN TANNER would not have left any such money unpaid yf any had bene due & demanded of the said JOHN TANNER, The said Compl(ainan)t would not have neglected or forborne or have p(er)secuted suite for the same against the said JOHN TANNER his Executors or Administrators before this tyme, w(hi)ch he conceaveth to be true for that the Compl(ainan)t to this depo(sa)nts knowledge was badly able to forbeare the same And more to this Interr(ogatory) he cannot depose
ROBERT EDWARDS of Widworthy in the Countie of Devon husbandman aged fiftie yeeres or thereabouts p(ro)duced to the Third Fifth and Twelveth Interr(ogatories) and thereuppon sworne & Examyned
3. To the Third Interr(ogatory) this depo(sa)nt sayth that he knoweth the Compl(ainan)t in question .....sometymes in the tennancy? of PHILLIPP HANN deceased w(i)th whome this depo(sa)nt lived as a servant by the space of Thirteene yeeres or thereabouts And that the said PHILLIPPE HANNE had an estate therein for his lyffe or for yeeres determynable by his death And ...... so that the said Compl(ainan)t had an estate therein for his lyffe or for yeeres determynable by his death to comence after the determynacon of the Estate of his said brother And further saith that he hath heard & beleeveth that JOHN TANNER in the Interr(ogatory) named had the revercon in fee thereof after the deathes of the said PHILLIPP HANN & of the said Compl(ainan)t And Likewise sayth That the said PHILLIPP HANN or his Assignes did hold & enioye the said Tenem(en)t by the space of Thirtye yeeres or thereabouts from & after the death of ROBERT HANN his father untill the death of the said PHILLIPP HANNE And further sayth that he hath heard & beleeveth that THOMAS PROWSE the defend(an)ts husband did hold & enioye the siad Tenem(en)t in question & did take the Rents & p(ro)ffitts tereof from the death of the siad PHILLIPP HANN untill the tyme of the death of the siad THOMAS PROWSE And that the defend(an)t hath held & enioyed the same & received the Rents & p(ro)ffitts thereof ever since the death of her said husband And doth knowe or hath he heard that they were Interrupted in theire or either of theire possession thereof And more to this Interr(ogatory) he deposeth not
5. To the Fifth Interr(ogatory) this depo(sa)nt sayth that about Thirtie yeeres since when he lyved in house w(i)th the said PHILLIPP HANN and the Compl(ainan)t HENRY HANN then dwelling in the said house he this depo(sa)nt heard by relacon of many that the said JOHN TANNER in his lyffe tyme did buy the Compl(ainan)ts estate & Interest in the Tenem(en)t in question wh(hi)ch he had therein for his lyffe or for yeeres determynable by his death...... during the lyffe of PHILLIPP HANN his Brother And further sayth That JANE then wyffe of the said Compl(ainan)t did tell this depo(sa)nt that her said husband had sold his estate in the said Tenem(en)t unto the said JOHN TANNER and had a hundred pounds for the same And shee so told this depo(sa)nt but once or Twice but whether the said hundred pounds or any p(ar)te thereof were paid to the Compl(ainan)t or noe he this depo(sa)nt knoweth notbut beleeveth that the said money was paid to the said Compl(ainan)t; for he beleeveth that the said Compl(ainan)t was not able to
Ri: Chanon
John Cole
Will: Isacke
-----------------------------------------------------------------------------------------------------------------------------------------Ex p(ar)te
Defend(an)t
so forbeare the same and hath heard the Compl(ainan)t HENRY HANN hymselfe to saie that he had sold the same unto the said JOHN TANNER but never heard the Compl(ainan)t saye that he hadd received a hundred pounds or any p(ar)te thereof from the said JOHN TANNER northen hath he heard he said JOHN TANNER to speak anything conc(er)ning the payem(en)t of the said Money but this depo(sa)nt was once sent by the Compl(ainan)t unto the said JOHN TANNER for money but the said JOHN TANNER was not at then home And more to this Interr(ogatory) he cannot depose
12. To the Twelveth Interr(ogatory) this depo(sa)nt sayth that he did never know the Compl(ainan)t to question or sue the said JOHN TANNER for the sume of one hundred pounds or any other sume w(hi)ch the said JOHN TANNER should owe or P(ro)myse to paye to the Compl(ainan)t for the Tenem(en)t in question And whether the said JOHN TANNER had bought the Compl(ainan)ts Right in the Tenem(en)t in question this depo(sa)nt knoweth nott other then by relacon of dyvers p(er)sons And as he this depo(sa)nt hath form(er)ly deposed And doth verylie beleeve that yf any money had bene due from the said JOHN TANNER unto the Compl(ainan)t That the said JOHN TANNER would not have left the sume unp(ai)d nor would the Compl(ainan)t have forborne to question or sue the said JOHN TANNER for the same as he this depo(sa)nt belleveth for that the said Compl(ainan)t was a man then not well able to forbeare the same And more to this Interr(ogatory) he cannot depose
Ri: Chanon
John Cole
Will: Isacke