Eastman v Sackett, 1650–1651

Proceedings in the Chancery Court, London

Summary

Ann Eastman, widow of Edward Eastman, claimed to be entitled to possession of six houses in Canterbury owned by the Eastbridge Hospital. Edward's father John Eastman had purchased a 40-year leasehold of the houses sometime before 1633. He had transferred the leasehold benefit to Edward by way of a marriage settlement, Ann having been given £100 as her portion by her own father.
John Eastman later came to regret the settlement and, without consultation or agreement with his son and daughter-in-law, sold the lease back to John Sackett. Ann alleged that her father-in-law had conspired with John Sackett and Stephen Sackett to sell them the leasehold for a small sum, destroying the documentation in the process. The houses had subsequently been let to tenants.
John Sackett confirmed that he had, as master of Eastbridge Hospital, granted a 40-year lease in 1630 to John Eastman for five houses and a shop, subject to maintenance of the premises in good order at the tenant's cost and to a yearly rent of 34 shillings. In 1635, after Eastman had consistently failed to pay the rent and had allowed the properties to fall into "very greate ruine", the parties agreed a buy-back of the lease, and this was effected by John Sackett paying John Eastman £70, a sum well in excess of the value of the properties. (The transaction was somewhat convoluted, with the properties being first put in the name of John's brother Richard Sackett, then put in trust for John to Stephen Sampson, who was probably John's brother William's father-in-law, and then mortgaged by John to his brother Stephen Sackett.)
The court dismissed Ann's claim, but John Sackett agreed to pay her £10 and to grant her a lease to continue living in one of the houses.

Documents in Eastman v Sackett

C2/CHASI/E2/30 Bill of Complaint of Ann Eastman, 5 February 1649/50

Quinto Febr 1649
[? Haln or ffaln]
To the right honoble the Lords Comissioners for the keeping of the great seale of England

In most humble manner complayning sheweth unto yr Lops yr daylye oratrix Ann Eastman of the Cittye of Canterbury widdow & relict of John Edward Eastman late of the cittye afforesaid clothmaker deceased that whereas about sixteene years since John Eastman father of the said Edward was lawfully possessed of and [intresed] in six tenements or dwelling houses together situate in the said Cittie at or neare a place then called kingsbridge als eastbridge by virtue of a lease of fortie years or some longer term then to some from and under the Hospitall of Eastbridge in the said cittie or the master therof att and for the yearly rent of thirtie two shillings or some such other smale rent the improved value of the said tenements beeing seventene pounds by the yeare And the said John Eastman beeing soe possessed thereof a treatie of mariage about the time aforsaid hapned betwene the said Edward Eastman eldest sone of the said John Eastman and yr oratrix, whoe then had one hundred pounds to & for her porcon in said treatye betwene the said Edward Eastman & yr oratrix providing a mariage agreement at last was made & concluded as followeth vizt that in concideraton of the mariage wth yr oratrix then shortly to bee hadd and of yr oratrix said porton and for a livelyhod and subsistance for yr oratrix and her children of the said Mariage [? produced] the said John Eastman should settle and convey the afforsaid lease of the said tenents and all his interest and estate therin soe as that yr oratrix if shee over lived her said intended husband and such children [? produced] of that mariage should & might hold & enioye the said tenements or receive the rents & pfitts therof and that the said John Eastman & Edward Eastman during theyr lives were to renew & continue the said lease as the same was wont to be renewed or to that effect due accordingly writings and deeds were made sealed and delivered by the said John Eastman pporting the full assurance and accomplishment of the afforsaid agreement before the mariage was solempnized and afterwards in the same daye the said writings were soe sealed & pfected yr oratrix & the said Edward Eastman intermarried And the said Edward Eastman received of yr oratrixes friends her said porcon and lived untill about twentee months since & then died having issue by yr oratrix three children yett living, by and after whose death yr oratrix for longe as she liveth and after that her children by the said Edward Eastman ought to hold and enioye the said tenements and houses wth the apertennes whoe have nothing else to her upon or wherwthall to be maintained Butt now for it pleaseth yr honers that the said John Eastman by compact and contrivement wth John Sackett of Mongeham in the county of kent clerke master of the said Hospitall of Eastbridge Stephen Sackett Clerke brother of the said John and other psons unknown to yr oratrix (whose names shee prayeth may bee he unto informed as defendts when they shallbe discovered) not longe after yr oratrisses said mariage (the said John Eastman then living together in the same house wth yr oratrix & her said husband) taking this opportunity when yr oratrix & her husband were gone on a iourney to Sussex to see her friends, did take away the said deeds and writings of allignement & conveyance of her said house and tenements made before marriage as abovesaid and burned cancelled or otherwise concealed the same And for a smale sume of money sold & conveyed or pretended to sell and convey the said house & premises unto the said John Sackett or to some other in trust for him or to his benefitt, whoe the better to strenghten theyre pretended title by the combination afforsaid did afterwards suffer a forfeyture of the said lease by non payment of the rent theron reserved to the use of the said Hospitall, and theruppon have made or taken a new lease or leases of the said premises from the said Hospitall or the master therof and doe now hold out yr poore oratrix contrary to all equitie and good conscience; And the said John Sackett hath owned the said pchase & lease of the premises And hath lett sette & disposed of the said houses & tenements to under tennts and hath contracted with the said under tennants for the same respectively and each reced theyr rents and payed the rent therfor due unto the said Hospitall, the master or brothers & sisters there untill now of late yr oratrix since the death of her said husband hath [? challenged] & claymed her just right & title therunto; And since that the said Stephen Sackett hath pretended ownership of & to the said premises for one quarter or halfe a year now last paste All wch doeings of the said confederates as they are well known unto themselves and as they are to yr oratrisses great wrong & utter undoeing soe are they (for want of said ^deeds made by the said John Eastman uppon her marriage agreement and by reason of the surrender or pretended forfeyture & the taking of a new lease in ther names or name) noe where remediable but by the iust & equitable pceedings of this honoble Court To theme therfore that the said confederates may true Answer make unto all the premises abovesaid and may sett forth whoe bought purchased or contracted for the lease of the said tenemts from the said John Eastman, when and for how much, and in whose name the agreement for the same was made, what was truly paid for the same & whoe payed the money and to whome the grant or assignemt was made and in trust for whome or for whose benefitt the same was soe made and whose money it was payed for the same as allsoe whoe hath since taken a new lease of the said premises from the said Hospitall or the master & [? confreres] thereof whome for what time the same was soe taken, what money was payed for the same & whoe payed it & to whome and whose money it was And whether the old lease were not surrendered or cancelled uppon the taking of the said new lease & for whose benefitt & beehaufe the said new lease was taken, and how many years were unexpid of the said old lease when the said new one was made: And may sett forth how longe & for what time they or either of them respectively have received the rents & pfitts of the said tenements and lett on & disposed thereof and payed the rent for the same unto the use of the said Hospitall, to witt how longe the said John Sackett [? ordered] & disposed of the said premises and how longe the said Stephen hath done the same and when the said Stephen did first begin to lett and sett the same receive the rents there & pay the Hospitall & take uppon him the visible ownership therof And whether the said John Sackett hath not diverse times sett workemen on worke to repaire & amend the said tenements and paid them theyr wages & apointd them theyr werke May it please yr hones the [? perises] considerd to grant unto yr oratrix [? plees] of [? subua] unto the said John Sackett & Stephen Sackett [? directed] herby comanding them at a certeine day & under a certeine pain to bee & apear befor yr Lorps in the high Court of Chancery having there upon theyr corporall [? thes] to answer the premises & further to stand to & abide for & under [? them] as to yr Lordps shall seeme agreable to equity & conscience & yr oratrix shall ever prayer

Marbyn
Ed. Roberts

[Between the Complaint and the Answer were two small pieces of vellum closely written in a very difficult hand, not yet transcribed. The first is dated 20 Feb 1649 (old style), and on the back there is a short piece of Latin & the names John Lee & Thomas Brian. These same names are written on the back of the Answer. The second of the small sheets seems to be in English, and might be a restatement of the complainant's case.]

C2/CHASI/E2/30 Answers of John Sackett and Stephen Sackett, April/May 1650

The ioint and severally Answeres of John Sackett Clarke and Stephen Sackett Clarke defts to the bill Of Complt of Ann Eastman Complat

The said defendts saveing to themselves the bennifitt of excepcon to the incertaintie and insufficiency of the said bill of Complt for Answere thereunto say as followeth And first the said deft John Sackett for himselfe saith This deft uppon the one and Twentith day of Aprill Anno Dm 1630 and long before and eversithence beeing Master of the Hospitall of East Bridge wthin the Citty of Canterbury in the bill mencoed and by virtue thereof beeing as this deft takes Itt Lawfully seised in fee in the right of the said Hospitall of and in the Lands and Tenemtes belonging to the said Hospital hee this deft by Indentures beareing date the said one and Twentith day of Aprill 1630 made beliving this deft Mr of the Hospitall of Eastbridge wthin the Citty of Canterbury of the one pte And John Eastman in the bill named of the other pte did by and wth the consente and assente of the then Archbishop of Canterbury Patron of the said Hospitall for his this deft and his Successers masters of the said Hospitall devise and to farme lett unto the said John Eastman the mesges and Tenemts in the bill mencoed by the name of five Tenemte and one shopp Together wth the gardens to them belonging wth theire apptennces Together situate lying and beeing in the pishes of All Saints and St. Peter wthin the said Citty of Canterbury To have and to hold the said tenemte and premises unto the said John Eastman his exers and asses from the feast of St. John Baptist Then next ensueing the date of the said Indenture unto the full end and Terme of forty yeares fully to bee compleate and ended yealding and paying therefore yearly dureing the said Terme unto this deft and his Successes Mrs of the said Hospitall the full some of fower and Thirty shillings att the fower usuall feasts of the yeare or wthin one month next after every of the said feasts by equall porcons In and by wth said Indenture the said Eastman his exres and asss are by Cuvent from time to time att his and theire cost to keepe and maintaine dureing the said Terme the said Tenemte and premisses sufficiently repaired maintained and supported And there is a pvisoe or condicon conteyned in the said Indenture That if Itt happen the said yearely rente of Thirtie fower shillings to bee behinde and unpd in pte or in all by the space of one month next after any of the said feasts of paymt or yf the said Tenemte or other edifices and buildings by the said Indenture devised bee not wthin six monthes next after mencon and warneing to bee given to the said John Eastman his exrs and assigns by this deft and his Successors Mrs of the said Hospitall or by any their Officer Minister or servant for the due and needfull [? exholding] keepeing repaireing and maintaineing thereof and every pte thereof well and sufficiently in all things repaired made and amended according to the tenure and true meaneing of the said Indenture That then the said Indenture and every thing therein conteyned should bee utterly voide frustrate and of noue effect And that then and att all times after Itt should bee Lawfull to and for this deft and his Successors Masters of the said Hospitall theire officers Ministers and servants and to every of them into the said the Tenemte and devised premisses wth theire appurtennces to enter and the same and every pte thereof to repossess enioy and have againe As if the said Indenture had not beene made As by the said Indenture doth and may appeare Whereunto this deft Doth referr himselfe for the more certaintie thereof And this deft saith that the said five Tenemte and devised premisses att the time of the making of the said Indenture and long before were and ever sithence have beene and yett are pte of the possions of the said Hospitall And this deft takes Itt that by virtue of the said devise the said John Eastman entred into the said Messes and Tenemts and was thereof accordingly possed and interessed And this deft saith contrary to the said pvisoe and condicon of the said Lease the said John Eastman did not only neglect paymt of the said rente but suffered the houses and buildings to runn to very greate ruine and decay Insoemuch as one or two of the said houses were inhabitable and left [? Comon] and in such a [? Nasty] condicon as is not fitt to bee expressed and the same and the residue of the houses aforesd were soe ruinous that they were in Danger of decaying and falling downe unless prevented by repairing thereof whereof this deft having noeticd and this deft by the duety of his place beeing Mr of the said Hospitall was bound as hee conceaves to take care of the possions that belonged to the said Hospitall And to the maintenance and preservacon thereof and of the revenues thereof For the bennifitt of the poore of the said Hospitall this deft did severall times cause the rente reserved uppon the said Lease to bee Demanded and this deft aboute Eighteene yeares last past and att severall other times did mencon and give warneing unto the said John Eastman That hee the said John Eastman would pvide and pay the arreares of his rente And allsoe would repaire and amend the said Messes and Tenemte according to the Covente and condicons of his said lease But not wthstanding warneing uppon warneing yett the said John Eastman from six monthes to six monthes after the said warneings did never take any care or make any pvision for the paymt of his rente or repaireing the said Messes and pmisses by reason whereof the said Lease and estate of the said Eastman was forfeited And this deft might have taken the advantage thereof wch this deft was very unwilling to doe but rather chose to buy the said Eastmans right and title to the said messuages and to repaire them and fitt them soe as they might bee Tennantable And thereuppon Itt was contracted and agreed betwixt the said John Eastman and this deft That this deft should purchase the said John Eastmans Terme and interest in the said Messes fore the some of seaventie pounds And accordingly this deft did purchase the same in the name of Richard Sackett this defts brother And in accomplishmt of the said agreamt The said John Eastman by Indentures made and dated uppon or aboute the first day of June Anno Dm 1635 for the concideracon of seaventy pounds pd did grante and assigne his said Indenture of Lease and all his estate and interest in the sd Messes and Tenemte unto the said Richard Sackett To have and to hold unto the said Richard Sackett his exers admers and assignes dureing all the said Terme of yeares then to come by virtue whereof the said Richard Sackett was Lawfully possed and interest in the said Messes And this defendt uppon the sealeing and [? ----teing] of the said Assignemt did sattisfie and pay unto the said John Eastman the said some of seaventie pounds wch was then as this deft veryly beleaves more than the said Messes and Tenemte were worth And afterwards this deft att his [? py] costs and chardges did repaire and amend the said Messes and Tenemte wherein this deft att severall times did disburse and lay out in repacons aforesaid the some of one hundred and Twentie pounds att the least ~ of Lawfull money of England And afterwards aboute ~ eleven ~ yeares since the then Archbishopp of Canterbury Patron of the said Hospitall did give order to have all the [?] ^ leases belonging to the said Hospitall renewed whereuppon this deft did cause the said Lease to bee surrendred And did renew the said Lease of the said Messes and premisses unto one Stephan Sampson in trust for this deft by Indentures beareing date the first day of January in the fivetenth yeare of the raigne of our Late King Charles for the Terme of fortie yeares Then next ensueing att the yearely rente of fortie shillings payable to this deft and his Successors Mrs of the said Hospitall for wch New Lease there was noe Fine paid And this deft saith that after the reneweing of the said leases and the repaireing thereof as aforesaid This deft beeing thereby in wante of money did mortgage the said Lease unto the deft Stephan Sackett for money And afterwards this deft did pay the sd money to the said Stephan Sackett and redeemed the premisses thereby the said Stephan Sampson was possed thereof according to the said Lease made to him the said Stephan Sampson in trust for this deft as aforesd And this deft saith that this deft and his Trustees and theire Tenntes have ever sithence this deft first purchased the same as aforesd enioyed the said Messes and premisses And the said John Eastman after this defts purchase held pte of the premisses in Lease by and under the deft and his Trustees said estate And pd the rente thereof unto this deft and the said John Eastman about the time in the bill mencoed died after whose decease Edward Eastman in the bill named late husband of the said Compnt held one of the sd Messes in lease under this deft and his Trustee pd the rent thereof for dureing his life unto this deft dureing all wch time the said Edward Eastman never made any claime or title to the sd Messes but was privie to this defts purchase thereof and contented therewth and never soemuch as made any question thereof or any pretence of title therunto that this deft could ever hear of and aboute one yeare a halfe since the said Edward Eastman dyed after whose death the Complnt his widdow enioyed one of the sd messes and pd the rente thereof unto this deft for the space of halfe a yeare ~ And never questioned this defts title That this deft could heare of untill of Late And this deft saith that after this deft had repaired the said messes And att this defts costs made them tenantable as aforesd this deft did lett the pmisses to severall Tenntes whereof one was the said John Eastman in his lifetime and after him the said Edward Eastman and after him the said Complnt att the yearely rents of forteone pounds or thereaboutes and not above So as this deft ever sithence his first purchase thereof untill this time hath made of the cleare yearely rente thereof this deft deducting the said Hospitall rente of fortie shillings p Ann ^ Ministers dueties other dutiesand Parliamt taxes the yearely some of eight pounds ~ or thereaboutes every yeare wth another and not above during all wch time vizt ever sithence this defts first purchase aforesd this deft hath pd the sd rente to the said Hospitall And this deft saith that hee doth beleeve Itt to bee true that the Complnt and the said Edward Eastman intermared together aboute the time in the bill mencoed But whether the Complnt then had one hundred pounds for her portion or any other portion this deft doth not knowe Neither doth this deft knowe that in consideracon of ye said marriage or otherwise Itt was att any time agreed betwixt the said John Eastman and the said Edward Eastman and the Complnt or either of them yt for any such consideracons as are mencoed in the sd bill of Complt Or for any other valuable consideracon or otherwise That the sd John Eastman should settle and convey the sd Messes or his sd Lease of ye said tenemte and all or any his interest and estate therein Soe at that the Complnt yf shee Overlived the said Edward Eastman and such children as should pceede of sd marriage should and might hold and enioy the said Tenemte or receave the rents and pffitts thereof and that the said John Eastman and Edward Eastman dureing theire lives were to [? renew] the same lease as the same was wont to bee renewed or to any such effect Neither doth this deft knowe nor beleeve that accordingly Any writings & deeds were made sealed and delivered by the said John Eastman purporteing any assurance and accomplishmt of any such Agreamt As by the bill is ptendedd Neither doth this deft knowe nor beleeve that the Complnt or her children Ought to hold and enioy the premisses agt this deft who is a purchasor of ye premisses for a valuable consideracon as aforesd And who hath disbursed soe much moneys in repaireing amendeing and improveing the premisses as aforesd But this deft saith that if any writeings or conveyances of ye premisses were made by the sd John Eastman unto the sd John Eastman unto the sd Edward Eastman and the said Complnt or either of them or to any other for theire or either of theire use or bennifit this deft doth verylie beleeve the same was fraudilently done and contrived wth intent and purpose to defraude and deceave this deft a purchaser of ye premisses And yt all such ptended conveyances if any such bee are fraudilent and voide in Lawe and equitie against this deft And this deft Stephan Sackett for himselfe saith That Itt is true that after the other deft John Sackett had purchased the Lease of the premisses as aforesaid hee the said John Sackett did mortgage the same (but other) deft for money and afterwards paid this deft his money againe and redeemed the premisses out of this defts hands so as this deft hath not nor doth claime any estate or interest of ye premisses or any pte thereof But doth disclaime therein And both the said defts Jointely and severally say that they do deny that the said John Eastman by compact or contrivemt wth these defts or wth either of them or wth any other to these defts or either of theire knowledges did in any such manner as in the bill ptended or otherwise take away any the deeds or writings of assigment or conveyance of the said Lease and Tenemte made as by the bill is p'tended or that the said John Eastman or any other to the knowledge or beleefe of these defts [ ? ] att any time take away burne cancell or conseale ye sd ptended writeings and conveyances or that these defts or either of them have att any time suffered a forfeiture of ye said lease unto the said Hospitall as by the bill is p'tended And these defts doe most [? truly] deny all the confederacies and combinacons in the bill mencoed wherewth they are [? variously] chardged Wthout that that any other matter or thing the sd bill of Complt conteyned matter all or [?effectuall] in the Lawe for these defts or either of them to Answer unto and not [?seereils] and poorely confessed or avoided transversed or denyed in suche knowledge of this deft tru all wth matters and things these defts are ready to averr maintaine and pve as this honoble Courte shall [ ? ] and humbly pray to bee dismissed wth theire reassonable costs and charges in this behalfe most wrongfully susteyned

Fran: LoveLace

Hac Respons Capt suermt x p Edros John Sackett et Stephen Sackett irs so Iamuds
In Apriles Anno Dm 1650 coram nobs John Lee, Thomas Brian

[On the back of the Answer:]
Thomas Brian
6o die May 1650 If sarwid Nbills Lovelace yeco Rob
John Lee

C22/60/14 Interrogatories on behalf of Ann Eastman

Interrogatories adminstred unto witnesses [produced?] on the parte and behalfe of Ann Eastman widdowe Complaint against John Sackett and Stephen Sackett Clerkes defendts

[1.] Imprimis Doe you knowe the parties Complaint and Defendts and did you knowe Edward Eastman deceased late husband of the Complaint and John Eastman deceased Father of the said Edward or either of them and how longe have you soe known them
[2.] Item doe you knowe that the Complaint Ann had any porcon or p'sonall estate when shee married the said Edward and to what vallue, how come you to bee made acquainted, and to knowe, of her said porcon or estate
[3.] Item did you knowe that before the Complaints intermarriage with the said Edward Eastman there was A treaty Comunicacon or resolucon betweene themselves or any other p'sons for the setlinge of any estate or lively hood upon the said Complaint in Case shee should overlive him or upon their Issue if they should happen to have any
[4.] Item doe you knowe that the said Edward Eastman or John Eastman his Father did offer and Consent to settle or Cause to bee settled A lease or leases of certaine messuages or tenements in the Parish of all Saints neere Eastbridge in the Citty of Canterbury which the said John then held by lease from or under the Masters of the hospitall of Eastbridge in the Citty aforesaid, or any [waies?] belonginge to the said hospitall, so as that the said lease or leases should be for a lively hood, or for the behoofe and benifite of the said Comlaint if shee overlived her said husband or for their Issue
5. Item what Conclusion and agreement did the former treaty and offer come unto betweene the said Complaint and the said Edward Eastman and John Eastman or either of them concerneinge the messuages and tenements in the p'cedent Article menconed or the lease or leases thereof declare what was the result and agreement made before or at the Conclusion of the marriage of Edward and Ann the Complaint together with the Circumstances [motions?] or docuements thereof
6. Item doe you knowe that the said Edward Eastman and John Eastman or either of them did goe with the Complaint or any of her frends, or without to any p'son versed in the lawe, and used to make deeds and writings, did hee or they there good Instruccons in p'suance of the said marriage agreement or in any kinde whatsoever menconinge and Concerneinge the Complaint, or her said Intended marriage with the aforesaid Edward
7. Item what were the Instruccons soe given as in the p'cedent Article is menconed, or to what effect were they were they not such as did imply or require that some Instrument deed or deeds should bee made whereby the lease or leases of Certaine houses in the Citty of Canterbury belongeinge to the hospitall of Eastbridge aforesaid or the Master thereof should be soe settled Conveyed or estated that the Complaint might have the benifite and profits thereof dureinge her life, if shee overlived the said Edward, and was it not also to bee to the benifitt of their issue after their decease [-?-] of the said Edward and the Complaint or in what other manner
8. Item have you any note or writinge of the said Instruccons were there any leases or lease of the said messuages or tenements brought or carried to the said p'son who was to drawe up the said settlement, as for his instruccon or guidance in what hee was to doe, who brought or Carried the same unto him
9. Item was there any instrumt deed or deeds accordingly drawne up by whom and was the same sealed and delivered before the marriage and by who where, and who were p'sent, and when did you last see the said deed or deeds, or the fowle draught or coppy thereof or any instuccons in writinge Concerninge the drawinge thereof
10. Item when the said deed deeds or writinge was or were sealed what became thereof, with whome were they left and how longe did the same remayne there, with whome was and were the same deliv'ed afterwards
11. Item doe you knowe that the said John Eastman was minded or intended to Cancell make void or destroy the said settlement deed or deeds soe [above?] said sealed at or upon the Complaints marriage with the said Edward did you heare him expresse so much in words or otherwise, declare what you have heard the said John say [concerneinge?] this matter
12. Item doe you knowe that the said John Eastman or any other p'son did any tyme take writings out of the truncke Chest or box of the said Edward Eastman in his life tyme or otherwise out of his Custody what was done with the same afterwards, and what became thereof, did not the p'ty that soe tooke the same say what writings they were and whereof he soe used them
13. Item was there any Chest truncke or box broken or forced open when the said writings were taken, how and in what manner was the same done and where the said Edward Eastman and the Complaint was that tyme, were they not from home and did they not at that tyme inhabite and had there place of abode with said John Eastman, declare your knowledge concerneinge the destroyinge of the said writings with the manner Circumstances and other [passages?] thereof
14. Item did you knowe that the said defendts or either of them have altered Changed or displaced the boundaries limits and fences of the said houses and gardens in [contraversie?] scituate neare Eastbridge aforesaid how and after what manner hath hee or they done or caused the same to bee done, and when
15. Item what other matter or thinge doe you knowe, or have heard and doe beleeve which may availe the said Complaint declare the truth thereof with all circumstances and the reasons and grounds of such your deposings

Edward Pyarde
Pe: Evans

Depositions of Ann Eastman's witnesses

Deposicons of Witnesses taken at the signe of the Chequer in the Citty of Canterbury this eighteenth day of October in the yeare of our lord & savr one Thousand six hundred and fiftie before Edward Piars and Peter Evans gent By vertue of A commission out of the high Court of Chancery to them and to Henry Whitfeild and John Fry gent or to any three of them directed for the examinacon of witnesses in a Cause depending the said Court between Ann Eastman widd Compl and John Sackett and Stephen Sackett Clerks defendts which Commission is hereunto annexed

Deposition of Thomas Brian, physician, sometime employer of Ann Eastman

Thomas Brian of the Citty of Canterbury Phisicon aged forty six yeares and upwards sworne and examined deposeth as followeth
Imprimis to the first Interrogatory this deponent saith hee doth know the Compl and defendt and so hath knowne them for the space of fifteene or sixteene yeares now last past or thereabouts and did know John Eastman and Edward Eastman in the Interrogatory named when they lived and for divers yeares before they severall died
Item to the second Interrogatory this deponent saith that hee hath heard and verily beleeveth that the Compl was worth one hundred pounds when she married the said Edward which this deponent knoweth to bee true, for that the Compl was servant to this deponent at the time of her marriage with the said Edward and for that the father of the Compl left three thousand pounds in estate at the tyme of his death or thereabouts
Item to the third Interrogatory this deponent saith that before the Compl intermarrige with the said Edward there was a treaty and Comunicacon betweene the said Edward Eastman and John Eastman his Father and this deponent on the behalfe of the Compl touchinge the setlinge of an estate or livelyhood upon the said Compl in Case shee should overlive the said Edward and upon their issue if they should happen to have any
Item to the fourth Interrogatory this deponent saith That the said Edward Eastman or John Eastman his Father or both of them did offer and Consent to settle or cause to bee setled A lease or leases of Certaine Messuages or tenements in the Parishe of all Saints neere Eastbridge in the Citty of Canterbury which the said John Eastman then held by lease from or under the Master or Masters of the Hospitall of Eastbridge in the said Citty so as that the said lease or leases should bee for A Livelyhood and for the behoofe and benifite of the Complt if she overlive her said husband and for the use and benifite of their Issue
Item to the fift Interrogatory this deponent saith That there was a Conclusion or agreement between this deponent on the behalfe of the said Complt and the said Edward Eastman and John Eastman that the said messuages or tenements or the lease or leases thereof in the p'cedent article menconed should bee soe setled and assured as that the said messuages or tenements or the said leases should after the death of the said John Eastman remaine and come to the said Edward Eastman and after the decease of the said Edward Eastman to the said Ann his then intended wife for her mainetenance and livelyhoode and after her decease to the use and benifite of their issue lawfully begotten
Item to the sixt and seaventh Interrogatories this deponent saith That the said Edward Eastman and John Eastman did go with this deponent unto Mr John Crane A man versed and skilfull in the lawe and used to make deeds & writings and did then and there give Instruccons to the said Mr John Crane to make writings in persuance of the said mariage and agreement to settle the said messuages and tenements or leases in and after such manner as this deponent in the p'cedent Article hath p'deposed
Item to the eight Interrogatory this deponent saith There were or was lease or leases of the said messuages or tenements made from the Master of the said Hospitall of Eastbridge unto the said John Eastman wch were brought and caried by the said John Eastman to the said Mr Crane thereby to inable him the said Mr Crane the better to drawe such writings and Conveyances as should bee needfull and necessary for the legall setlinge of the said messuages and tenements or leases to the severall uses Intents and purposes by him this deponent p'deposed
Item to the nynth Interrogatory this deponent saith That in pursuance of the said marriage and agreement there were deeds or writings drawne by the said Mr John Crane and that same were sealed and delivered by the said John Eastman at this deponents then dwellinge house situate in the Parishe of St. Margaret in the Citty of Canterbury before the Intermarriage of the said Edward Eastman with the now compl and this deponent saith that to the best of his remembrance there were p'son at the sealing and delivery of the said writings besides this deponent Mr John Crane and Mr George Moore (since deceased) his the said Mr Cranes then Clerke and some others which this deponent cannot now call to mynde
Item to the tenth Interrogatory this deponent saith That after the said deed or writings was or were soe sealed the same were left with this depon to bee saftly kept for the use and benifitt of this Compl as beinge the sole freind shee then had or could trust with the keepinge of them And this deponent delivered the same writings to Ann his then and now wife to lay them up, who kept them soe longe as this depont then remayned resident in the Citty of Canterbury and upon this depnts leaveinge of the said Citty of Canterbury, hee deliv-ed the said deeds or writings to the said Compl and willed her to put them into the hands of some trusty freind
Item to the fifteenth Interrogatory this deponent saith That hee hath heard Mary Peerce one of the Grandchildren of the said John Eastman confesse and say that shee heard her Mother Ann Peerce And her Aunt Mary Blight beinge two of the daughters of the said John Eastman say that the said John Eastman her grandfather did breake open the Chest or truncke with A Chissell wherein the writings p'deposed lay and gave them unto the said Mary Blight his daughter to burne, which she did accordingly As shee the said Mary Blight likewise confessed to this depont And this depont further saith that Mr John Crane did confesse unto this depont that hee did make the writings p'deposed and that same were sealed and deliv-ed before the Intermarriage of the Complt with the said Edward Eastman, and that hee thought he had A draught of such writings in his Custody

Edward Pyarde
Pe: Evans

Deposition of John Crane, gent

John Crane of the Citty of Canterbury gent aged one and fifty yeares sworne and examined deposeth as followeth
Imprimis to the first Interrogatory this depont saith, that to the best of his remembrance hee did knowe the Compl heretofore and doth knowe both the defendts and hath knowne them for some yeares now last past and did know Edward Eastman deceased late husband of the Compl at the time of their Intermarriage, but he cannot declare Certainely whether he did knowe John Eastman in this interrogatory or not
Item to the third Interrogatory this depont saith, that before the intermarriage of the said Edward Eastman with the now Compl hee this depnt beleeveth that there had bine A Comunicacon betweene the said Edward Eastman and the Compl concerneinge the setlinge of some estate upon her if shee should overlive the said Edward, and for the maintenance of the said Compl (if in case shee should overlive the said Edward) And this depont is induced so to beleeve for that hee was imployed for the makeinge of writings for the setlinge of the same, but the certaine uses menconed in the said writings hee doth not now remember
Item to the fourth and fift Interrogatories this depnt saith, that he doth well remember that before the intermarriage of the said Edward Eastman with the Compl hee this depont was imployed for the drawinge of writings for the setlinge of A Joincture or other mainetenance upon the said Compl in Case she should overlive the said Edward Eastman her then Intended husband and that the writings were made and sealed accordingly but this depont saith that hee doth not now remember whether the lease or leases menconed in the Interrogatories or what other lands or tenemts were setled or assured by the said writings or to what p'ticular uses this deponent Cannot now remember, it beeinge some fifteene yeares since the said marriage or thereabouts
Item to the eight Interrogatory this depont saith, that hee doth not know that hee hath any note or writinge concerneinge the said Instruccons menconed in this Interrogatory now remayneinge with him, and hee is induced so to beeleeve for that hee hath of late serched for the same but could not finde any such note or Instruccons and further to this Interrogatory hee Cannot depose otherwise than hee hath p'deposed
Item to the ninth Interrogatory this depont saith, that there were upon the said Intermarriage writings drawne by him this depont to the purpose by him deposed and afterwards sealed and deliv-ed who were p'ties to the said writings [torn] or before or after their Intermarriage or where the same were sealed and delivered this Depon doth not now remember and who were p'sent at the sealing and delivery of the said writings beside him this depont hee cannot now Certainely declare, but verily beleeveth that Mr Thomas Brian of the Citty of Canterbury Phisicon was p'sent at the sealinge and delivery of them And further this depont saith, that hee doth not remember that hee hath at any tyme since the said sealinge and delivery of the said writings seene them or any of them, or the instruccons for the makeinge thereof, or the fowle draught of the same

Edward Pyarde
Pe: Evans

Deposition of Mary Blight, sister-in-law of Ann Eastman

Mary the wife of Thomas Blight of the Citty of Canterbury brewer aged [hole] and thirty yeares or thereabouts sworne and examined deposeth as followeth
Item to the first Interrogatory this depont saith That shee hath knowne the p'ties Compl and defendts for the space of foureteene yeares and upwards, and did know Edward Eastman deceased this deponts late brother, and John Eastman deceased this deponts late Father, in this Interrogatory named, when they severally lived and for divers yeares before their respective deathes
Item to the fourth and fift Interrogatories this deponent saith that John Eastman deceased late Father of this depont and late Father of the said Edward Eastman the com late husband, was in his life tyme possessed and interested of A lease of divers messuages and tenemts scituate in the Parishes of all Saints and St Peters within the Citty of Canterbury for divers yeares then to come, made by the Master of the hospitall of Eastbridge within the said Citty And that the said John Eastman about the tyme of the Intermarriage of the said Edward with the now Compl did for and in Consideracon of one hundred pounds porcon receaved by the said Edward in marriage with the said Compl so setle and assure the said mesuages and tenements or leases upon the said Edward, as that these after the death of the said Edward should remayne and come unto the Compl for her mainetenance and lively hoode, dureinge her life, and after her decease for the issue of their bodyes lawfully begotten
Item to the twelft and thirteenth Interrogatories this depont saith, that the said john Eastman her late Father did in his life tyme about thirteene yeares since when the now Complt was sicke and visited with the smale pox in the County of Sussex where the said Edward Eastman her then husband was with her, in such her sicknesse and visitacon, take A hamer or mallet and Chissell, and broke open A Chest of the then Complte remayneinge in the said Edward Eastmans then dwellinge house in Canterbury wherein the deed and bond by which the said messuages and tenements or leases were setled and assured to the uses by her p'deposed, and tooke out of the said Chest the said deed and bond, and delivered them unto the hands of this depont and said to her this depont, there is the deed and bond which I made to your brother, of the messuages or tenemts and leases, take them and burne them, hee shall never have them againe, for I will not make him A gentleman, and you and the rest of my Children beggars, and then the said John Eastman did comand this depont to throwe the said deed and bond into the fire, which this deponent in his presence accordingly did, which writings were then p'sently consumed in the said fire, and this depont further saith, that the said John Eastman the deponts late father, and this depont and the said John Eastman her brother did then reside and dwell in the house of the said Edward Eastman, and thereupon tooke this opertunity for the burneinge of the said writings in such manner as this depont hath p'deposed

Deposition of John Eastman, collar maker, brother-in-law of Ann Eastman

John Eastman of the Citty of Canterbury Collermaker aged thirty six yeeres and upwards sworne and examined deposeth as followeth
Item to the first Interrogatory this deponent saith, that hee hath knowne the p'ties compl and defendts for the space of fifteene yeares and upwards and did know Edward Eastman deceased being this deponts brother, and John Eastman likewise deceased beinge this deponts late father, for divers yeares before their respective deathes
Item to the fourth and fift Interrogatories this depont saith, that hee doth well knowe that John Eastman (late father to this depont, and of the said Edward Eastman the Compl late husband) was in his life tyme possessed and Interested of A lease of divers messuages and tenements scituate in the parishes of all Saints and St Peters in the Citty of Canterbury for divers yeares then to come by vertue of A [demise?] [by?] the Master of the hospitall of Eastbridge within the said Citty and that the said John Eastman the father about the tyme of the Intermariage of the said Edward with the now Compl in Considerac- of the porcon which the said Edward was to have and did receave in marriage with the now Compl which porcon as this deponent takes it was one hundred pounds pte whereof was paid unto the said Edward by the Compl brother in this deponts p'sense Did so settle and assure the said messuages and tenements or leases upon the said Edward as that the same after the death of the said Edward should remayne and come unto this now Compl for her mainetenance or lively hoode
Item to the twelft and thirteenth Interrogatories this depont saith, that John Eastman father of this deponent, did take out of A Cheste of the said Edward Eastman in his life tyme remayneinge in his said Edwards dwelling house in Canterbury at such time when the said Edward Eastman was in the County of Sussex with his wife the now Compl who then lay there sicke of the smal pox the writings by which such estate were so setled upon the said Edward and also the originall lease made by the Master of the hospitall of Eastbridge in the said Citty, and this depont did see the said writings and orig lease in the hands of the said John Eastman this deponts late father, who uttered these words that he would keep the lease for his owne use or words to that effect, but how he disposed of the other writings this depont cannot certainely depose, but verily beleeveth they were by him burned and destroyed And this deponent further saith that at the same tyme that the said writings were taken out of the said Chest, the said John Eastman the father, and this depont and Mary his Sister now the wife of Thomas Blight did Inhabite [and] dwell in the house with the said Edward Eastman
Item to the fifteenth Interrogatory this depont saith that at the tyme when such writings were taken out of the said Chest in such manner as hee hath p'deposed by the said John Eastman his late father there was to [come] and unexpired of the terme conteyned in the said originall lease thirty yeare and upwards, and this depont further saith that the messuages and tenements conteyned in the said lease besides the rent reserved and paid to the hospitall or master thereof were of the Cleere yearely value of fourteene pounds And this depont further saith, that it is foureteene yeares since the now defendts or one of them have had possession of the said messuages and tenements conteyned in the said originall lease and receaved the rents and profits thereof to their or one of their uses

Edward Pyarde
Pe: Evans

Deposition of Ann Brian, wife of Thomas Brian

Ann wife of Thomas Brian of the Citty of Canterbury Phisicon aged thirty five yeares or thereabouts sworne and examined deposeth as followeth
Item to the first Interrogatory this depont saith that she hath knowne the Compl for the space of fifteene yeares and upwards and the two defendts for som seaven yeares or thereabouts, and did know Edward Eastman deceased late husband of the Compl and John Eastman deceased late father of the said Edward when they severally lived and for some yeares before their respective deathes
Item to the second Interrogatory this deponent saith that the gen'all rumor and report in the parishe where the Compl was borne was that shee had one hundred pound to her porcon which report this depont verily beleeveth to bee true
Item to the third fourth fift and tenth Interrogatories this depont saith that the Compl at the tyme of her Intermarriage with the said Edward was servant to this depont that this depont and her husband observeinge the said Edward Eastman to bee A well wisher and a suiter to the now Compl this deponts said husband did forbide the said Edward Eastman the comeinge to his house in [persuacon?] of his intended suite except hee brought his father and made some [-?-ent] assurance for the mainetenance of the said Compl in Case shee should overlive the said Edward, whereupon the said Edward Eastman and John Eastman his late father came to this deponts husbands house with A box of [writings?] which were Carried by them the said Edward and John Eastman deceased and this deponts husband unto Mr John Crane wth an Intent as this depont has [heard and?] verily beleeveth to give him Instruccons to drawe up writings to settle [the messuages?] [and tenemts?] in Canterbury neere Eastbridge upon the now Compl in Case shee should overlive her then intended husband for the maintenance of [Compl] And this Depont further saith that on the day of the Celebracon of the marriage of the [Compl to?] the said Edward Eastman this deponts husband would not suffer the [said Compl?] to goe to Church to bee married to the said Edward Eastman until the said [-?-] made by the said Mr John Crane were sealed [-?-] [Eastman late?] father of the said Edward which she verily beleeveth were [-?-] before their intermarriage for that shee this depont had them in her Custody [-?-] such tyme as [-?-] hand did then [receive - - Compl?] [-?-] And [-?-] dwellinge out of lease or bury the said writinges [-?-] deponents p'sense [delivered?] by this deponents said husband to [-?-] with A Charge given her by this deponents said [husband?] [-?-] some trusty freinds hands to bee safely kept for her [-?-] the said Compl then answered that [shee had?] noe other freind [-?-] freind [-?-] saith [-?-] shee [- then depose? -] [not?] to these Interrogatories further

Edward Pyarde
Pe: Evans

Deposition of John Peerce

John Peerce of the Citty of Canterbury [C-?-] aged three and forty [yeares or thereabouts?] sworne and examined deposeth as followeth
Item to the first Interrogatory this deponent saith That hee hath knowne the Compl by the space of fifteene yeares last past and the defendts twelve yeares last past and did know Edward Eastman deceased late husband of the Compl and John Eastman deceased late father of the said Edward in their life tymes and for some yeares before they severally died
Item to the fourth and fift Interrogatories this deponent saith that he hath heard the said John Eastman in his life tyme severall tymes confess and say that hee had settled the house neere Eastbridge in Canterbury on his Sonne Edward Eastman upon his marriage with the Compl and that hee was sorry for it, and further to these Interrogatories this deponent deposeth not
Item to the fifteenth Interrogatory this deponent saith, that the messuages and tenements setled upon the said Edward by the said John upon his the said Edwards Intermarriage with the now Compl are of Cleere yearely vallue of foureteene pound by the yeare over and above the yearely rent reserved and payable unto the hospitall or master thereof And this deponent further saith that it is foureteene yeares & thereabouts since the now defendts or one of them have had the possesson of the same messuages and receaved the rents and profits thereof to their or one of their owne uses

Deposition of Edward Bottinge, brother of Ann Eastman

Edward Bottinge of Eastgreenested in the County of Sussex yeoman aged eight and forty yeares or thereabouts sworne and examined deposeth as followeth
Item to the first Interrogatory this depont saith that hee hath knowne the Compl beeinge his Sister from her Childhoode but doth not knowe the defendts and did knowe Edward Eastman and John Eastman in this Interrogatory named when they lived and for some tyme before they severally died
Item to the second Interrogatory this deponent saith that there was given unto the now Compl by John Bottinge her late father deceased the sume of one hundred pounds for her porcon and this deponent knoweth that or the most part of the said one hundred pounds was paid unto the said Edward Eastman in his life tyme for that the said John Bottinge had bound and [engaged?] lands for the certaine and suew payment thereof

Edward Pyarde
Pe: Evans

C22/973/9 Interrogatories on behalf of John Sackett and Stephen Sackett

Interrogatories to bee administred to wittnesses to bee p'duced on the p'te and behalfe of John Sackett Clarke and Stephen Sackett Clarke defts against Ann Eastman widdow Complnt

1. Impremis doe you knowe the p'ties Complnt and Deft or any of them how long have you knowne them or any of them
2. Item Did you see this Indenture now showed unto you made by the Def't John Sackett then Master of the Hospital of Kingsbridge in the bill menconed unto John Eastman in the bill named sealed and delivered and di the said John Eastman hold possess and enioy the Messuages and Tenemts in the bill menco'ed according to the said Indenture of Lease from the time of the makeinge of the said Indenture of Lease for the space of five yeares or thereabouts until hee sould the same unto the said Def't John Sackett 3. Item Dureinge the time that the said John Eastman held and enioyed the Mess's and Tenemts as in the second Interrogatory is menco'ed Did the said John Eastman neglect the paymt of the rente [reserved?] by the said Indenture of Lease And did the Def't John Sackett Demand the rent of the said John Eastman or cause the rente reserved by the said lease to bee demanded how often did the said Defendt John Sackett demande or cause the rente to be demanded declare the times and places when the rente was soe demanded as neere as you cann exprese the time and places
4. Item dureing the time that the said John Eastman held and enioyed the said Messuages and Tenemts by virtue of the said lease did the said John Eastman suffer the Messuages houses and buildings devised unto him to runn to great ruine and decay declare how and in what manner the said Messuages and buildings were ruined and decayed And were some of the said Messuages soe decayed during the said time that they were wholy uninhabited and not inhabitable and by reason thereof were in a nastie condicon and likely to fall downe by the default of the said John Eastman declare how they were
5. Item did the def't John Sackett then Master of the said Hospitall give warneing or cause warneing to bee given unto the said John Eastman to repaire the said Messuages and houses as according to his Coven'ts in the said Indenture of Lease when and how often was such warneing given And did the said John Eastman notwthstanding such warneing still neglect the repaireing of the said Messuages and houses
6. Item Did you see this Indenture now shewed unto you sealed and delivered by the said John Eastman the same day that Itt beares date or neere aboute the same time And did the Def't John Sackett uppon the sealeing and delivery of the said Indenture sattisfie and pay unto the said John Eastman the full sume of seaventie pounds for the purchase of the Terme and Interest of the said John Eastman of and in the said Messuages and p'misses or what and how much money did the def't John Sackett then pay unto the said John Eastman
7. Item how and in what condicon were the said Messuages houses and p'misses in pointe of rep'acons at the time that the Def't John Sackett purchased the same as aforesaid did you view the said Messuages and p'misses when or aboute the time the said John Sackett soe purchased the same and in what Decay for wante of rep'acons were the said Messuages and p'misses then and what and how much doe you estimate Itt would then have cost to repaire the said Messuages and p'misses and to make them tenantable
8. Item since the Def't John Sackett purchased the said Mess's and p'misses of the said John Eastman aforesaid how much money hath the said John Sackett disbursed and layd out in and for the rep'acons of the said Mess's and p'misses declare all the money that you knowe or can estymate that the said John Sackett hath bestowed and layd out in and aboute the necessary rep'acons of the said Messuages houses and p'misses
9. Item did the late Archbishopp of Canterbury after the Def't John Sacketts said purchase of the said lease of the said Messuage and p'misses order that all the leases belonging to the said Hospitall should bee renewed And is this order now shewed unto you the same order And did the Def't John Sackett thereuppon reccon the said Lease and take a new lease thereof in the name of Stephen Sampson And did you see this Indenture of lease now shewed unto you sealed and delivered by the def't
10. Item what bennifitt came unto the pore of the said Hospitall by the said reneweing of the said lease was the yearely rente encreased in and by the said new lease in lew of a Fine unto the said Hospitall from Thirtie fower shillings p' Ann' reserved in and by the said old lease unto the yearely rente of fortie shillings ever sithance the takeing of the said new lease beene constantly paid To the use of the said Hospitall
11. Item after the said def't John Sackett had purchased the said lease of the said John Eastman did the said John Eastman hold and enioy one of the said Messuages by the lease from the said def't John Sackett or his Trustees att a yearely rente and did hee pay the said yearely rente during his life after
12. Item after the death of the said John Eastman did Edward Eastman hold one of the said Messuages by lease from the def't John Sackett or his Trustees att a yearely rente and did hee pay the said yearely rente unto the said John Sackett or his Trustees how long did the said Edward Eastman hold and enioy the said Messuage by and under the said def't John Sackett and his Trustees
13. Item was the said Edward Eastman privie to and made acquainted wth the def't John Sacketts purchase of the said lease of the said Messuages and p'misses of the said John Eastman And did hee knowe of the said purchase when the same was made and did he consente and agree thereunto
14. Item after the death of the said Edward Eastman did the Com'l'nt hold and enioy the said Messuage wch the said Edward Eastman [tired?] of the said John Sackett as aforesaid and did the Compl'nt pay the rente thereof unto the Def't John Sackett or to his use
15. Item how much hath beene yearely paid one yeare wth another for the said Messuages and p'misses to the Minister of the parish where the said Messuges are and what and how much for Parliamt taxes
[16.] [Item] doe you knowe of yor owne knowledge that John Eastman in the bill menco'ed did att any time agree [to] settle and convey his lease of the Mess's and p'misses in the bill menco'ed and all his Interest and estate therein soe as that the p't yf shee over lived Edward Eastman in the bill named and such children as should p'ceade betweene the said Edward Eastman and the Compl'nt should and might hold and enioy the said Tenemte or receave the rents and p'ffitts thereof whe was the said agreamt made by and betweene whom and uppon what consideration was the said Agreamt and who was p'sente att the makeing of the said agreamt and in what place was the said agreamt made
[17.] [Item] doe you know of any writeings that were made by the said John Eastman concerning the conveyeing and assureing of the said Messuages and Tenemts according to any wch agreamt were you p'sente at the sealeing and executeing [of] any such writeing did you see the same sealed by the said John Eastman betweene whom were the sd writeings who were parties to the said writeings And what was the contents of the said writeings and when and where were the said writeings made and sealed and who were p'sente att the sealeing of the said writeings and what is become of the said writeings and when and where did you last see them and did you reade them or heare them reade and what condicon p'visoe conteyned in the said writeings [-] what other matter thyng or Circumstance doe you knowe of that may any wayes availe the Com def't in this suite declare all yor knowledge herein

Fran Whitfeild
Edward Pyarde
John Fry

C22/973/9 Depositions of Sacketts' witnesses, January 1650/51

Ex pte Defendtm
Deposicons of witnesses taken at the signe of the Sarazons head in Canterbury [-?-] day of January Anno D'm 1650 by Henry Whitfeild John Fry and Edward Pyard [-?-] a Commission hereunto annexed issueinge out of the High Court of Chancery [-?-] to them and Peter Evans gent'l to examine witnesses in a cause depending [-?-] Ann Eastman widdowe Compl't and John Sackett and Stephen Sackett Defendts in manner [-?-] followinge viz't

Deposition of Isaac Clarke, bricklayer

Isaac Clarke of the Citty of Canterbury Bricklayer of the age of seaventy yeeres or thereabouts sworne and examined deposeth and saith
1. To the first Interrogatory this Deponent saith That he hath known the Compl't for theis twelve yeeres past and the Defendts for theis thirty yeeres past or thereabouts
2. To the second Interrogatory this Deponent saith that John Eastman in the Interrogatory named was [seized?] of the Messuages and p'misses in this Interrogatory inquired of by vertue of the Indenture of lease [-?-] Interrogatory recited as this depont beleeveth And that he continued possesion thereof for [-?-] yeeres and upwards before such time as the John Eastman sold the same unto the defendt John [-?-] to some other for his use and benefitt
3. To the third Interrogatory this Deponent saith That the said John Eastman whilst he held and enioyed the said Messuages and p'misses did sometimes neglect to pay the rent reserved in the Indenture in this Interrogatory menco'ed at the times and places expressed in the said Indenture for the payment thereof And that he heard the said John Eastman say that he had not money to pay the rent to the said John Sackett beinge the then Master of the Hospitall menco'ed in the second Interr' And that he once heard the said John Sackett say that he demanded the rent reserved on the said Indenture of the said John Eastman And further to this Interr' deposeth not
4. To the foureth Interrogatory this Deponent saith That whilest the said John Eastman held and enioyed the said Messuages or buildinges hee did suffer them to be ruinous and runne to decay insomuch that two or three of them were altogeather uninhabitable And further this Deponent saith that the said John Eastman [helped by?] some of his familie did pull up the boards and timber of the said Messuages or buildings to burne [the same?] made them in such a ruinous condicon that they were ready to fall downe and all by and through the default of the said John Eastman
5. To the fift Interrogatory this Deponent saith That John Sackett in this Interr' named did direct and appoint this Deponent on his behalfe to give the said John Eastman warninge to repaire the said Messuages or tenements accordinge to the covenants in the Indenture menco'ed And this Deponent did give notice and warninge to the said John Eastman accordingly about a yeere before such time as the said John Eastman sold the same to the said John Sackett or to some others for his use And further saith That notwithstanding the same the said John Eastman did not repaire the p'misses And this Deponent beleeveth that the reason thereof was for that the said John Eastman told the Deponent that he was not able
6. To the sixt Interrogatory this Deponent cannot depose anythinge certainely
7. 8. To the seaventh and eight Interrogatories this Deponent saith that the Messuages and p'misses in these Interr' menconed were in much decay at the time wjen the same were purchased from John Eastman for he And deponent saith that at severall times [before?] the said purchase he at the request of the said John Sackett did viewe the said Messuages & p'misses and did find them in such decay as that it cost the said John Sackett after the said purchase the sume of one hundred pounds or thereabouts to make them tenantable and put them in fittinge repaire
11. 12. To the Eleaventh and twelvefth Interrogatories this Deponent saith That the said John Eastman did after the said purchase hold from the said John Sackett or his trustees one of the said Messuages and did pay rent for the same but how much the said John Eastman paid he this Deponent knoweth not And further this deponent saith that Edward Eastman sonne of the said John Eastman and husband of the nowe Compl't did after the death of the said John Eastman hold by lease from the said John Sackett or his Trustees one of the said Messuages and did pay three pounds by the yeere or thereabouts for the same And that the nowe Compl't did after the death of the said Edward Eastman her husband enioy the said house and pay rent for the same And this Deponent knoweth it to be true for that he this Deponent did sometimes receave the said rent
To the last Interrogatory this Deponent saith that he this Deponent hath heard the said John Eastman in his life time say That he the said John Eastman had sold the said Messuages and p'misses unto the said John Sackett and that he had receaved seaventy pounds or thereabouts for the same in full satisfaccon of the sale of the said Messuages and p'misses And that they were not in this Deponents Judgement worth soe much by fortie pounds at the time of the sale thereof made as aforesaid And further deposeth not

Deposition of John Brookesby, tailor

John Brookesby of the Citty of Canterbury Taylor of the age of seaventy yeeres or thereabouts sworne and examined Deposeth and saith
1. To the first Interrogatory this Deponent saith That he hath knowne the Defendts in the Interr' named by and duringe the space of thirty yeeres or thereabouts and hath knowne the Compl't by and duringe the space of Eight yeeres or thereabouts
3. To the third Interrogatory this Deponent saith That duringe the time that the said John Eastman in this Interr' named held and enioyed the Messuages and p'misses in the second Interr' menconed the said John Eastman did neglect to pay the rent reserved in and by the Indenture in this Interr' recited at the times and place [limitted?] for the payment thereof in the said Indenture And he knoweth the same to be true for that he hath beene desired to demand the rent of the said John Eastman by the said John Sackett and that this Deponent did accordingly demand the same of the said John Eastman at the said John Eastmans dwellinge house
5. To the fift Interrogatory this Deponent saith That the said John Sackett Master of the Hospitall in the second Interr' menconed did in the p'ence of this Deponent at severall times give warninge unto the said John Eastman to repaire the said Messuages or houses accordinge to the covenants in the said Indenture of lease menconed And that not withstandinge the said warninge given the said John Eastman did neglect to repair the said Messuages & houses
7. To the seaventh Interrogatory this Deponent saith That the said Messuages and houses at the time when the said John Sackett or some other for his use purchased the same were in such decay and soe ruinous that they were uninhabitable for want of rep'acon And that they would then cost at least thirty or forty pounds (in this Deponents Judgement) to repaire and make them tenantlike
8. To the Eight Interrogatory this Deponent saith That he the said John Sackett hath laid out and disbursed diverse somes of money towards the reperacons of the said houses and p'misses but howe much he this Deponent cannot tell
9. To the Ninth Interrogatory this Deponent saith That he doeth beleeve it to be true that the late Archbishopp of Canterbury did after such time as the said John Sackett or some other for his use had purchased the said Messuages and p'misses order that all leases belonginge to the said Hospitall menconed in the second Interr' should be renewed And the reason why this Deponent is soe induced to beleeve is for that then this Deponent had a lease of p'cell of the posessions of the said Hospitall renewed in pursueance of and according to the said order
To the last Interrogatory this Deponent saith That the said John Sackett did pay unto the said John Eastman the sume of seaventy pounds for the said Messuages and p'misses and this Deponent knoweth the same to be soe for that the last payment was made in his p'sense and that the said John Eastman did then acknowledge he had receaved of the said John Sackett the sume of seaventy pounds in full satisfaccon of the purchase of the said Messuages and p'misses And further deposeth not

Hen Whitfeild
Edward Pyarde

Deposition of Thomas -?-, gent

[Thomas -?-] of the Citty of Canterbury gent of the age of fiftie and Nine yeeres or thereabouts sworne and examined deposeth and saith
[1. To the first Interrogatory] this Deponent saith That he knoweth the parties of the Compl't and Defendant and hath knowne [them for and dureinge the] space of Eighteene yeeres nowe last past or thereabouts
[2. To the second] Interrogatory this Deponent saith that he sawe the Indenture nowe shewed unto him at the time of [-?-] and menconed in the said Interr' sealed and delivered by the said John Sackett to the said John [Eastman was] the Act and deede of the said John Sackett And saith that the said John Eastman did by vertue of [the said Indenture] hold and enioy the said Messuages and p'misses until such time as the said John Eastman sold the same unto the said John Sackett or to some other for his use
3. To the third fift and sixth Interrogatoryes this Deponent cannot certainely depose
7. To the seaventh Interrogatory this Deponent saith That at the time when the said John Sackett purchased the said Messuages and p'misses of the said John Eastman they were in such decay for want of rep'acon as that they were altogether uninhabitable And saith that in his Judgement they could not then cost less than fourty [pounds to] repaire and make them tenant like
[9. To the Nineth] Interrogatory this Deponent saith That the then Archbishopp of Canterbury after such time as the [said John Sackett] purchased the said Messuages and p'misses of the said John Eastman did order all the [leases belonging to the said] Hospitall should be renewed And this Deponent beleeveth the same to be soe for that [he soe -?- order] and did transcribe such or most of the leases as were then renewed in pursuance of the [said order]
10. To the tenth Interrogatory this Deponent saith that there came benefitt to the poore of the said Hospitall by [the renewinge] the said lease for that the rent reserved on the old lease in lewe of a fine was raised from thirty four shillings unto Forty shillinges by the yeere which said yeerely rent of Forty shillings ever since hath beene [paid] unto the poore of the said Hospitall
12. To the twelveth Interrogatory this deponent saith That sfter the deathof the said John Eastman Edward Eastman his sonne and husband of the Compl't and named in this Interr' did hold and enioy by lease from John Sackett or his Trustees one of the said Messuages and paid rent for the same but howe much this Deponent doth not knowe And saith that the said Edward Eastman was by the Deponent by order from the said John Sackett [required] to pay the said rent but whether the said Edward Eastman paid the same he knoweth not And further deposeth not

[Alencorand?] the further execucon of the said Commission is adiorned over unto the Sarazons head in Canterbury until Saturday the Eighteenth day of this instant January by three of the Clocke of the afternoon of the same day

Ex p'te [defendtm?]
Deposicons of witnesses yaken at the signe of the Sarazons head in Canterbury on Saturday the Eighteenth day of January 1650 before the said John Fry and Edward Payarde by vertue of the said comission acording to the said adiorment for the further execution of the said comission

Deposition of Thomas Bryan, physician

Thomas Bryan of the Citty of Canterbury Phisitian of the age of Forty and seaven yeeres or thereabouts sworne and examined Deposeth and saith as followeth
1. To the first Interrogatory this Deponent saith that he hath knowne the Compl't and Defendts for diverse yeeres last past
16. To the sixteenth Interrogatory this Deponent saith That he knoweth that John Eastman in this Interr' named did agree to settle and convey the Messuages & p'misses in this Interr' menconed and all his interest therein soe as the Compl't if shee overlived Edward Eastman likewise in this Interr' named should and might enioy the same duringe her life and that the same should afterwards remaine to the use and benefitt of such children as should be begotten by the said Edward Eastman on the body of the nowe Compl't in and after such manner as this Deponent hath formerly Deposed on the p'te and behalfe of the nowe Compl't to which for more certainety he refereth himselfe And this Deponent saith the said agreement was made by And Dependent for and on the behalfe of the said Compl't and the said John Eastman for & on behalfe of the said Edward Eastman and it was made for and in consideracon of the said marriage to be had by & betweene the nowe Compl't and the said Edward Eastman and for & in consideracon of one hundred pounds given to the Compl't by her father for her porcon And as for the place where the said agreement was made it was made either at the then house of this Deponent or the then house of Mr John Crane [scituate] in the parishe of St Margarett in the Citty of Canterbury and in the p'sence of this Deponent Mr Crane John Eastman and Edward Eastman
17. To the seaventeenth Interrogatory this Deponent saith That he knoweth there were certaine writings made by Mr John Crane in pursueance of the said agreement and accordinge thereunto And that he this Deponent was p'sent at the sealinge of the same writinges and that they were made & sealed by the said John Eastman but whether the same writinges were made to this Deponent or to some other frend in trust for the said Compl't this Deponent cannot certainely depose But rather beleeveth they were made to this Deponent for that the said Compl't beinge then this Deponents servant had not there frends then in Canterbury uppon whome shee could either rely or trust And to the other p'ticulars in this Interr' conteyned this Deponent as otherwise depose then he hath p'deposed in his deposicons in the sixteeneth Interr' and in his Deposicons already taken in this cause on the p'te of the Compl't to which for more certainty he refereth himselfe

Deposition of Ann Bryan, wife of Thomas Bryan

Ann Bryan of the Citty of Canterbury Spinster wife of Thomas Bryan of the same Phisitian sworne & examined deposeth and saith as followeth
1. To the first Interrogatory this Deponent saith That shee hath knowne the Compl't and Defendts for diverse yeeres nowe last past
16. To the sixteenth Interrogatory this Deponent saith That shee beleeveth That the said John Eastman did settle the Messuages and p'misses in this Interr' inquired of in such manner for substance and to such purposes as in this Interr' is declared But for the more certaintie thereof shee referreth herselfe to her deposicons formerly taken on the parte of the Compl't in this cause And further to this Interr' deposeth not
17. To the seaventeenth Interr' this Deponent saith That shee beleeveth there were writinges made by Mr Crane for the setlinge of the houses to such uses and purposes as she hath in this cause formerly deposed And that the said writinges were sealed before marriage at her this deponents husbands house And after the sealinge of the said writinges they were left with this Deponents husband whoe afterwards deliv'ed the same to this Deponent to kepe And that the said writinges were kept by this Deponent [some] time as her husband left Canterbury and then deliv'ed to the nowe Compl't with charge given to her by this Deponent and her husband to leave them with some frend for her the nowe Compl't to whome shee answered that nowe they (this Deponent & her husband) were to leave Canterbury shee had noe frend with whome to leave them And further to this Interr' shee cannot depose otherwise then shee hath p'deposed in her deposicons on the p'te of the Compl't taken in cause to which shee refereth herselfe

C22/973/9 [Further] Interrogatories on behalf of Ann Eastman

Interogatories adminstred unto a witness produced on the parte of Ann Eastman widdow Compl't against John Sackett and [Stephen] Sackett Defendts

1. Imprimis doe you knowe the p'ties Compl't and Defendt or either of them And did you knowe Edward Eastman deceased late husband of the Compl't Anne and John Eastman father of the said Edward
2. Item doe you knowe that the Compl't or her frends before her intermarriage with the said Edward did insist uppon or require a settlement to bee made of houses neare the hospitall of Eastbridge in the Citty of Canterbury or elsewhere, Tell youre whole knowledge Concerning any treatie or Conference about their said marriage
3. Item doe you know that writings were sealed by the said John Eastman and Edward Eastman either of them before the Complts marriage with the said Edward were you a witnesse there unto did you under stand that the said writings did [import?] a settlement of any Messuages and of what Messuages and to and for the benefitt of whome was that settlement as you know or can nowe remember
4. Item what other matter or thinge doe you knowe or have heard and doe beleive that may any way availe the Compl't in this suit declare the same fully with the Circumstances reasons and grounds of such your deposinge

Fran Whitfeild
Edward Pyarde
John Fry

C22/973/9 Deposition of Ann Eastman's witness, 18 January 1650/51

ex parte
[Qu]erentis
Deposicons of witnesses taken at the sign of the Sarazons head in Canterbury this Eighteenth day of January 1650 by John Fry [and Edward] Pyard gents by vertue of a Commission hereunto annexed issueinge out of the highe Court of Chancery at Westmr and directed to them and others to examine witnesses in a cause dependinge in the said Court betweene Ann Eastman widdowe Compl't and John Sackett & Stephen Sackett defendts in manner & forme following vizt

Deposition of Richard White, barber, surgeon

Richard White of the Citty of Canterbury Barber Chirurgion of the age of Fiftie & five yeeres or thereabouts sworne and examined deposeth and saith as followeth
1. To the first Interrogatory this Deponent saith that he knoweth the p'ties Compl't and Defendts and soe hath knowne them for diverse yeeres now last past and did know Edward Eastman late husband of the Compl't and John Eastman in the Interr' named in their severall lifetime & for many yeeres before theire death
2 & 3. To the second & third Interrogatories this Deponent saith That he beinge acquainted with the Compl't before her intermarriage with the said Edward Eastman she had conference often with this Deponent about her marriage with the said Edward Eastman and therein told this Deponent that Mr Bryan her then Master would not consent unto her marriage with the said Edward Eastman until such time as some thing was settled on her for her future lively hood in case shee overlived the said Edward Eastman And this Deponent saith that the morninge that the said Edward Eastman married the nowe Compl't this Deponent was by Mr Bryan desired to be a witnes to the sealinge of certaine writinges which were made by John Eastman of certaine houses he then held by lease from Eastbridge Hospitall (in p'te of which the said John Eastman then held) for the future livelyhood of the nowe Compl't in case shee overlived the said Edward Eastman as he this Deponent was then informed by the said Mr Bryan and John Eastman And this Deponent saith the said writinges was sealed before the said marriage and this Deponent subscribed his name as a witnes thereunto
And further to these Interr' deposeth not

Fran Whitfeild
Edward Pyarde
John Fry

C33/197 Decrees and Orders, 10 February [assume 1650/51]

Tuesday 10th of Febr
Anne Eastman widdowe
Deft John Sackett & other Defts
Upon the heareing and Debateing of the matter in question betweene the sd p'ties this pm today in the [p'nce] of the Counsell learned on both sides The scope of the pl'ts bill being to bee [releived] touching 6 tenements neare Eastbridge in Canterbury [wr there?] of John Eastman being possessed by Lease from the hospitall of Eastbridge upon the Marriage of the pl't with this somme agreed to settle on her ptle but it appeared that the sd John Eastman suffered the p'misses to fall to decay and forfeited the sd Lease yet nev'theless noe advantage was taken thereof but the sd John sould his right in the p'misses This Court sawe noe cause to releive the pl't but doth order that the pl'ts bill be dismissed out of this Court but the deft being nowe p'sent and att the mocon of the Court consenting to give the pl't 10li and a Lease of one of the tenements dureing the terme to come in this Lease if shee soe long live shee giveing a Covenant to the deft to keepe the same in repaire This Court doth order the same accordingly and the deft is to sett out and appoynt such one of the tenements as hee shall thinke
JE

Source:
Eastman v. Sackett (1650–1651), proceedings in the Chancery Court, London (National Archives, researched by Marion Sackett).