Hurlston v Sackett, 1632, & Sackett v Hurleston, Jones, & others, 1638–39

Proceedings in the Chancery Court, London, 1632 & 1638–39

Summary

Sacketts named: Robert Sackett (c1550–1622), and his sons, William Sackett (1577–1640) and Paul Sackett (1588–after 1640).

Robert Sackett had bought lands in Ickham and Wingham, Kent, in 1609 (7th year of the reign of King James) for £60 from William Parker, the parties agreeing that Parker would continue to occupy the lands upon payment of an "annuity" of £6—effectively a sale-and-leaseback arrangement.
Robert Sackett died in 1622 and left the residue of his estate, including the deed of annuity, to his son Paul. Inclusion of the deed in his will implied that Robert believed it was still in force, although it appears that no rent had been paid for some years.
Paul Sackett sought through an action at common law in the Palace of Canterbury to recoup 12 years' rent arrears from Richard Hurlston, under threat of repossession of his land.
In 1632, Richard Hurlston actioned Paul Sackett in the Court of Chancery in London, Hurleston claiming that William Parker had discharged the annuity in 1612 by paying to Robert Sackett in the North porch of the parish church of Ashe, as required by the deed of annuity, a capital sum of £63.
Shortly after, William Parker had sold parts of the lands to various purchasers. Some of the lands were now in the possession of Richard Hurleston. Hurleston disputed that he owed anything to Paul Sackett, but that if he did it would be only his fair share with other holders of the lands once owned by William Parker.
The matter rested for some years until, in 1638, Paul Sackett actioned, in the Court of Chancery, William Jones, Henry Austen, Edward Hubberd, Simon Hurlestone, and William Brewer, the then holders of the William Parker lands, for enforcement of the deed of annuity.
Paul Sackett claimed that William Parker had not only failed to pay the rent due under the deed but had conspired with others to subdivide and sell the lands, rendering some of the lands unidentifiable through change of use and through merging with other land holdings.
The case became acrimonious, with each side accusing the other of behaving fraudulently.
The outcome of the case is not known although it must, for many years, have been the cause of a major rift, not least because Paul Sackett's older brother William Sackett (who also gave evidence) was married to Joan Parker, a cousin of William Parker.

Documents in Hurlston v Sackett

Documents in Sackett v Hurleston

Documents in Sackett v Jones

Replications of Paul Sackett

Depositions Sackett v Hubbord & others

Decrees & Orders Book

C2/CHASI/H15/36 Bill of Complaint of Richard Hurlston, 21 June 1632

xxi Juny 1632
[Muchn?]
To the right honeble Thomas Lord Coventry
Lord Keeper of the Great Seale of England

Humblie Complayneing sheweth unto yore good Lopps yor Lops daily Orator Richard Hurlston of Maidstone in the Countie of Kent gent That whereas William Parker late of Wyngham in the Countie of Kent yeoman deceased was in his life tyme [videlt?] in or about the eight & twentith daie of Aprill In the seaventh yeare of the raigne of or late Soveraigne Lord King James seised in his demeasne as of fee of and in diverse lands, tenemts and hereditamts with their appurtennces situate lying and being wthin the parishes of Ickham and Wyngham and elsewhere wthin this the said Countie of Kent And he being thereof soe seised by his Indenture bearing date the said eight and twentith day of Aprill in the said seaventh yeare of the raigne of or said late Soveraigne Lord King James of England [he?] did give & graunt and by the said writeing confirme to Robert Sackett of Ashe in the said Countie deceased A Certaine Annuitie or yearlie rent of six pownds of lawfull money of England goeing out and yearlie to be p'ceived of and in all and singular the mesuages lands tenemte and hereditants of the said William Parker whatsoever situate lying and being in the parish of Ickham in the Countie aforesaid or elsewhere in the said Countie of Kent To have hold enjoy and yearlie to receive the said Annuities or yearlie rent of Six pownds unto the said Robert Sackett and his heires and assignes for ever on the first day of November and the first day of May by equall porcons yearlie to be paid wth a Clause of distresse in the said Indenture conteyned in case the same Annuitie should not be paid as aforesaid In wch recited Indenture there is this provisoe or condition Provided allwaies That if the said William Parker shall pay or cause to be paid or myne heires executors administrators or assignes shall paie or cause to be paid to the said Robert Sackett his executors administrators or assignes the some of threescore and three pownds of lawfull money of England in or upon the first daie of May wch then should be in the yeare of or Lord God according to the Computation of the Church of England one thousand six hundred and twelve in or at the North porch of the parish Church of Ashe aforesaid together with all arrerages of that Annuitie then due That then the said writeing Indented of Annuitie should be void and of noue effect Anie thing in the said Indenture conteyned to the contrarie wtn [the?] standing As by the Counterp'te of the said Indenture remayning in yor Oratos custodie readie to be shewed forth unto this hoble Cort more fullie appeareth And afterwards wthin short tyme the said Willm Parker sold all his said lands tenemts and hereditaments chargeable wth the said Annuitie p'te thereof of the yearelie value of Twenty Markes or thereabouts unto Charles Tripp Esqr deceased And some other p'te of the same lands being of the cleere yearlie value of Tenne pownds by the yeare is lawfullie come unto yor Orator And other p'te of the same lands of the yearlie value of Six Pownds by the yeare are synce lawfully come unto one Paul Parker of the p'ish of St Peter in the Isle of Thanett in the Countie of Kent yeoman And other p'te of the same lands the said Willm sold unto one Henry Austen and his heires the same being of the cleere yearely value of Five Pownds or thereabouts And afterwards [videlt?] in or upon the first day of May in the said yeare of or Lord Christ one thowsand and six hundred and twelve the said Willm Parker did paie unto the said Robert Sackett the said some of threescore and three pownds in or at the North porch of the p'ish Church of Ashe aforesaid in discharge of the said Condicon whereby the said Indenture of Annuity became void And the said deed ought to have been Cancelled and delivered up unto the said Willm Parker But soe it is Maie it pleased yor good Lopp that the said Robert Sackett having as aforesaid received the money mentoned in the Provisoe or Condicon of the said Indenture pretending unto the said Willm Parker that he had casually lost the said Indenture yet promiseing to deliver the same up to be cancelled whensoever the same should come unto his hands did fraudulently combyne wth Paul Sackett his sonne how he might make an unjust gayne by Concealeing the said Indenture of Annuitie and after the said Robert Sackett dyed After whose decease the said Indenture came unto the hands and possession of the said Paul Sackett whoe concealed the having thereof untill the wittnesses whoe could prove the payment of the said threescore and three pownds to the said Robert as aforesaid were all dead And afterwards about Twoe yeares synce the said Paul Sackett did sett the said deed on foote And Combyneing and confederateing wth Edward Hobart of Wingham in the said County Esqr and his wife the widowe of the said Charles Tripp whome the said Edward hath married and whoe are in possession of the said lands purchased of the said Willm Parker by the said Charles Tripp as Guardians unto the heires of the said Charles or otherwise being of such yearely value as aforesaid and chargeable wth the said Annuities, and wth the said Henry Austen who hath other part of the said lands chargeable also wth the said Annuity and wth the said Paul Parker haveing alsoe another parte of the said lands alsoe chargeable wth the said Annuitie of such value as aforesaid And all the said Confederates having plotted and agreed for their or some of their [private?] profitt and unjust gaine to charge yor Orators said lands onely wth the said Annuitie and to free their said lands from the same And to divide and share amongst themselves whatsoever they shall recover against yor Orator by colour of the said Indenture by the Confederacie aforesaid the said Paul Sackett hath of late demanded of yor Orator Twelve yeares rent or arrerages of the said Annuitie And hath distreyned upon yor Orators said lands for the same And hath prosecuted suite upon such distress taken at Comon Lawe in the Cort of the reverend father in God George Lord Archbishopp of Canterbury in his Pallace at Canterbury And in the same Court hath a judgement upon the said distress and hath not at all distreyned upon any of the lands of the said Confederates, but intendeth wholly to charge yor Orators lands wth the said Annuitie contrary to all equity and good conscience And in regard the wittnesses whoe could prove the payment of the said sixty three pownds in discharge of the Provisoe of the said Indenture are all dead by reason whereof yor Orator is disabled to plead the same paymt in discharge of the said Indenture yor Orator hath offered and is willing to paie unto the said Paul Sackett his proportionable part of the said Annuitie according to the yearely value of his lands chargeable therewth soe as the said Paul Sackett and the said other Confederates will alsoe paie their proportionable parts of the said Annuitie according to the yearlie value of their lands alsoe chargeable wth the said Annuitie Howbeit the said Confederates doe utterlie refuse soe to doe And doe intend to charge yor said Orators said lands wholly therewth and to free their said lands from the same contrary to all equity In tender Consideracon of all wth prmisses And for that yor Orator hath noe meanes by the strict rules of the Comon Lawes of this Realme to compell the said Paul Sackett to distreyne alsoe upon his owne lands and the lands of the said Confederates or any of them for the said Annuitie And for that yor Orator doth not knowe the certeyne bownds or contents of the said other lands alsoe chargeable wth the said Annuitie or the yearelie value of the same or anie parte thereof Maie it please yor good Lop to graunt unto yor said Orator his Mats most gracious writt of Subpena to be directed unto the said Paul Sackett Paul Parker Edward Hobart and [gap] his wife and Henry Austen thereby comanding them and every of them at a certeyne daye and v[hole] a certayne payne therin to bee lymitted p'sonall to bee and appeare before yor good Lopp in his Mate high Court of Chancery then and there to answer the prmisses and to sett forth the true [hole] therein And what p'ticular lands they, or anie of them have in possession wth were the lands of the said Willm Parker and when the same were purchased of him and by whome and where the [hole] lye, and what the yearlie value of the same lands are And why the same ought not to be subject to the said Annuitie aswell as yor Orators lands And why they should not in equity be compelled to contribute towards payment of the same and the arrearages thereof And also to stand unto and abide such further order and direction in the prmisses as to yor Lo'p shall seem [hole] equity and good conscience And yor Orator shall daylie pray for your Lops prosperitie

Br [illegible scrawl]
[hole] Waltham [hole]
163 [hole]

C2/CHASI/S83/2 (fo. 1) Bill of Complaint of Paul Sackett, 8 April 1638

8 Apr 1638. To the Right Honoble The Lord Coventry Lord Keeper of the greate Seale of England

Humbly Complayning sheweth unto yor Lop yor Lops dayly Orator Paule Sackett of St Johns in the Isle of Thanett in the County of Kent yeoman That whereas yor Orators father Robert Sackett did by Deede and Grante of one William Parker in the pish of Wingham in the said County yeoman for valuable consideration in the Seventh yeere of the Raigne of our late Sovereigne Lord King James purchase to him and the heires of the said William Parker one Annuitie or yeerely Rent Charge of Six pounds of Lawfull money of England to be yeerely issuing and going forth out of all the lands of the said William Parker in the pish of Ickham in the county and elsewhere in the said county of Kent Which Annuity or yearely rent of six pounds a yeare the said William Parker did for two or three yeares after the Grante thereof satisfie and pay unto the said Robert Sackett who within short tyme after that made his last Will and testament in writing and thereby did devise in Fee unto your Orator Paule Sacket his sonne the said Annuity or yearely rent charge of six pounds a yeere and dyed after whose death by some indirect meanes or other some or one of the said Defendts and Terretennants of the lands out of which the said Annuity is issuing gott into their hands the said deede and Grante of Annuity and the same very injureeusly as yett detaine and keepe whereof the said William Parker and the said Defendts not ignorant the said William Parker craftely and subtilly intending to deprive and defraud yor Orator of the said Annuity or yeerley Rent by combynation and complic[ity?] with the Defendts and Terretennants or theire Ancestors or Predeccesers under whom they clayme did contrive divers severall estates of all the lands that were the said William Parkers and chargeable with the said Annuity or yeerely rent and the same privately conveyhed by severall parcells and quantities eyther to the defendts or to some frends of theyes to their use or to some other psons unknowne to yor Orator under whom they clayme or receave the Rents issues and profitts of the said land Tennements and hereditaments who by theire changing of the said lands into many severalties and lesse pcells and by altering of the kinds and names of the land and by theire promiscuous mingling of them with some other of theire owne lands which they hould from other psons have soe obscured the said land that yor Orator living very remote from the said lands in his fathers lifetime and therefore unacquainted with the same and the pties that know the said lands distinctly heretofore being long since all ded your Orator acknowledgeth that if hee had the said deede and Grante now delivered up to him knoweth not certainly where legally to take his distresse for the said Rent and safely to avow the taking thereof and soe it may please yor Lop yr Orator considering and foreseeing that many sutes and quarrells might arise between yor Orator and the said defendts touching the said Annuity yor Orator to avoid all sutes and controversies that might thereby happen or grow hath divers and several times in a frendly and loving manner desired these defendts and every of them that they would quietly and peaceably deliver up the said deede and Grante of Annuity unto yor Orator and that they would express to yor Orator what lands they hould that were the lands or Inheritance of the said William Parker and what their severall estates bee in the same and how long it is since the same was bought of the said William Parker by them or any of them or by any under whom they clayme or hould the same And to set forth what severall dates theire deedes of purchase respectively beare and to manifest where the said lands lye and the severall bounders of them and the severall names by which their lands are severally called or known and the severall kinds of their land whether arable meadow or pasture all which they expressly deny to doe and yor Orator hath alsoe in a corteus and loving manner offered unto the defendts and present Terretennants of the said lands That if they will every one of them pay unto yor Orator a ratable and proportionable some of money answerable to the severall quantities and values of the lands they hould lyable to the said Grante Whereby yor Orator may bee satisfied and paid the some of money for which the Annuity or yeerely Rent Charge was first granted and the Arrerages thereof that are behinde and unpaid that yor Orator would bee contented that they should cansell the said deede so unconscionablie detayned from him as aforesaid and that hee would recouveigh and assure the said deede and Grante of Annuity or yearley Rent by any other assurance unto them All wch reasonable and conscionable offers the defendts have altogether refused to perform And for that yor Orator hath no remedie by the strict rules of the Common Law to recover the said Annuity or yearely rent for want of the said deedes by which he should avow the taking of a distresse for the same and for that he knowes not the certainty of the said lands lyable to the said Annuity or Rent Charge nor when the said William Parker conveighed the same May it therefore please yor Lop the p'misses considered to grante unto yor Orator the kings maties most gracious writt of subpoena to bee directed to William Jones Henry Austen Edward Hubberd Simon Hurlestone William Brewer and every of them thereby commanding them and every of them at a certaine day and under a certaine paine therein to be limited p'sonally to bee and appeere before yor Lop in his Maties high Courte of Chancery at Westminster then and there upon theire corperall oathes to make a perfect and direct Answere to all the p'mises And further to stand to and abide such farther order therein as to yor Lop shal seeme consonant and agreeable to equity and a good consience And yor Orator shall alwaies pray for yor Lops increase in all honor and happinesse

Fran Lovelace
Pet Peke

C2/CHASI/S83/2 (fo. 4) Answer of Symon Hurleston, 12 April 1638

Marsham. The Answere of Symon Hurleston one of the Defts unto the Bill of Complaint of Paull Sackett Complt

All advantage of exception unto the sayd Bill saved unto the sayd Deft for the insufficiency thereof for answere thereunto the sayd Deft sayth That he doth not knowe or acknowledge that Robert Sackett menconed in the sayd Bill did by deed purchase to him & his heires of William Parker menconed in the sayd Bill any Anuity or yearely rent Charge of six pounds by the yeare or any other Anuity or yeerley rent Charge to be yearely issuinge out of all the lands of the sayd William Parker in the pish of Ickham menconed in the sayd Bill & elsewhere in the County of Kent neither doth this Deft know of any rent charge granted by the sayd Parker unto the said Robert Sackett to issue out of any of the lands of the sayd Parkers & if any grant were this Deft doth not know or acknowledge when or about what time any such grant was made neither doth this Deft knowe or acknowledge that the sayd William Parker did pay any rent unto the sayd Robert Sackett neither doth this Deft knowe or acknowledge that the sayd Robert made any last will in writinge or did thereby devise any rent unto the sayd Complt neither doth this Def't knowe when the sayd Robert dyed And this Def't denieth that he at any time had or hath in his hands or custody any Anuity or rent charge graunted by the sayd William Parker neither doth this Def't knowe if any other p'son or p'sons hath or had any such And This Def't denieth all the deteynings fraudulent intents combinac'ons & Complotmts menconed in the sayd Bill or any other whatsoever to any such purpose or effect as is menconed in the said Bill And this Def't denieth the contrivinge & makinge of any estate or estates of any land that was the sayd William Parkers And also this Def't denieth all p'cellings p'miscuous minglings changeinge or alterings of the kynds or names of any lands that were the said William Parkers And this Def't doth not beleeve that the sayd Complt doth or ever did live farre remote from the lands that were the said Parkers And this Def't denieth that the sayd Complt did ever make any such request unto him this Def't as in the sayd Bill is alledged or did desire or request him to any such purpose And also this Def't denieth that he did ever deny or refuse to doe any such matter or matters as in the sayd Bill is alledged to be denyed or refused by him And also this Def't denieth that the Complt made any such offer or offers unto this Def't as in the sayd Bill is alledged & also denieth all other offer or offers to any such purpose And this Def't further sayeth that he hath in his custody one p'te of a trip'tite deede indented bearinge date the twentieth day of october in the yeare of the reigne of or late sovereigne Lord James by the grace of God late Kinge of England the seventh & of Scotland the three & fortith & made betweene Samuell Hurleston Rector of the p'ish Church of Ickham in the County of Kent Clerke & Alice his wife John Warham of Wingham in the sayd County gent & Ann his wife Symon Hurleston of Ickham aforesaid gent & Sara his wife & William Parker of Wingham aforesayd yeoman & Joane his wife of the first p'te John Hurleston of Iackham aforesayd gent & Elizabeth his wife of the second p'te & Richard Brewer of Ditton in the sayd County of Kent gent father of the sayd Elizabeth of the third p'te by which deede it appeareth that for the setlinge & assuringe of certeyne lands menconed in the sayd deede upon the sayd John Hurleston & of one p'cell of land conteyninge by estimacon seaven yards whether more or lesse lying & being in a feild called cotman feild to the lands of the sayd Samuell Hurleston towards the North East & South & to a certeyne way called the Church way leading unto a Messuage there called Lee towards the West that a fine should then shortly be had betweene the sayd p'tyes of all the lands menconed in the sayd deede & that the same fine should be as touchinge the sayd seven yards of land to the only use & behoofe of the sayd Samuell Hurleston his heires & assignes for ever & for touchinge & concerninge all the residue of the lands menconed in the sayd deeds being many p'cells to the use of the sayd John Hurleston & Elizabeth his wife & of the heires of the body of the sayd John Hurleston on the body of the sayd Elizabeth begotten & to be begotten & for lacke of such heires to the right heires of the sayd John Hurleston for ever And this Def't beleeiveth that a fine was shortly after had accordingly & that the sayd land was held & enjoyed accordinge to the sayd uses & the sayd seven yards of land beinge arrable was afterwards given by the sayd Samuell this Def't Father untothis Def't & so this Def't hath ever since enjoyed the same & whether the same were the land of the sayd William Parkers or not this Def't knoweth not but this Def't beleeveth that it was p'te of the sayd Parkers land And this Def't further sayth that he hath not nor ever had to his knowledge any other land wch was the sayd William Parkers if the sayd seven yards of land were his neither doth he knowe whether the sayd deede & fine were the first conveyance of the sayd seven yards of land or not if it were the sayd Willliam Parkers And this Def't sayth that all the deedes touchinge the lands menconed in the sayd trip'tite deede except the sayde p'te of the sayd trip'tite deede were longe since & longe before the sayd Bill exhibited by agreemt betweene this Def't & Richard Hurleston sonne & heire of the sayd John Hurleston delivered unto the sayd Richard Hurleston who afterwards dyinge wthout issue the sayd deedes as this Def't beleeveth came into the hands or custody of William Brewer one other of the Def'ts And wthout that any other matter or thinge in the sayd Bill of Complaynt conteyned materiall or effectuall for this Def't to answere unto & not before in this p'sent Answere sufficiently answered unto confessed & avoyded traversed or denyed is true All wch matters this Def't is ready to averre & p've as this honoble Court shall award & humbly prayeth to be dismissed out of the same wth his reasonable Costs & Charges in his suite susteyned

Edw Hudde
Simon Harlestun
[v. shaky signature]

Endorsement:
Avery Sabin
Thomas Pentris
12 April 1638

C2/CHASI/S83/2 (fo. 7) Answer of Henry Austin

[This vellum was badly creased and the top very faint]

Marsham. [?The answere of Henry Austin Deft to the Bill of Compt of Paul Sackett Compt]

The said defendant now and all Times hereafter saving unto himselfe all advantage of Excepcon unto the uncertainty and insufficiency of the said Bill of Complaint [-?-] thereunto sayth that he hath heard and beleeveth to be True that William Parker in the Bill menconed hath granted unto the Complainants Father Robert Sackett such Annuity or yearely Rent Charge as in the said Bill is alledged And that the said Robert Sackett hath devised the said Annuity or Rent Charge unto the Complainant as in the said Bill alledged But this Defendt knoweth not that the Complainantes said Father hath Received any payment of the sayd Annuity And alsoe denyeth that he ever gott into his hands the deeds and grant of the said Annuity or doth yet detaine and keep the same neyther doth he remember that he ever sawe the said deeds And this defendant verily beleeveth that the said deed now is and ever since the Complainants said Fathers death hath beene in the Complainantes possession although on purpose to molest this defendant he doth surmise the Contrary And this defendant confesseth that about Twenty yeares since this defendant purchased of the said William Parker one messuage or little Tenement and three quarters of an Acre of arable Land or there aboutes lying in an Hamlett called Brambling in the parish of Ickham in the County of Kent (for the which Tenement and Land this defendt sayth that he never received but twenty shillinges p' Annio for the rent dureing the Terme he enjoyed it which Tenement & land) abutte upon the landes of the heires of Charles Trippe gent deceased towardes the West and East and to the Kinges High way towards the North as this defendant beleiveth And alsoe this defendant sayth that about three yeares since he hath [-?-] and [?sold] the said Messuage and Lands unto this defendts Brother Richard Austin but for the more certainty of the Tyme when this defendant bought and sould the said Messuage and Lands as aforesaid this defendant referreth himselfe unto the deedes of the said purchases and sale the Date whereof he cannot sett downe because the said deedes are not in his hands nor in any wise belong unto him Neyther doth this defendant knowe any speciall name or names for which the said Messuage or Land is called And this defendt denyeth that he hath Combined and Complotted with the said William Parker as in the said Bill is alledged or that this defendant hath by any of the meanes in the said Bill menconed obscured or sought to obscure any of the Landes of the sayd Wiliam Parker as in the sd Bill is alledged Or that he hath purchased any other houses or Lands of the said William Parkers or any other Claymeing under him than is before exp'ssed Without that that the Complainant hath made unto this defendant such Request and offer as in the said Bill is alleadged And without that that any other thing in the sayd Bill of Complaint contained materiall or Effectuall for this defendant to answer unto and not before in this p'sent Answer sufficiently answered unto Confessed and avoyded Traversed or denyed is to this defendtes knowledge True All which this defendant is ready to averre and prove as this honourable Court shall award and prayeth to be dismissed out of the same wth his reasonable Costes and Charges herein sustained.

John Boys

Endorsed
[with some Latin, not transcribed, and with the names]
Edward Follow
Sam Stevens
J Boys

C2/CHASI/S83/2 (fo. 10) Answer of Edward Hobarte, 28 April 1638

The Answere of Edward Hobarte Esqr one of the defendts to the Bill of Complaint of Paule Sackett Complayn'nte

Marsham

The said Defendt saveinge unto himselfe now & att all times hereafter all & all Manner of Advantage of excepcon to Thincetainty and Insufficiencie of the said Bill for A full & p'fect Answere to soe Much thereof as is anie waie Matiell for this Defendt to make answere unto sathe that he knoweth not of his owne knowledge that the Compleyn'nts father did by deede or gr'unte of Will'm Parker in the Bill named p'chase of the said Will'm One Annuity or yearely rent charge of Sixe pownds to be Issuieinge or goinge out of all or anie of the Lands of the said Will'm Parker neither doth he knowe that anie such Annuitie or yearley rent was paide by the said Will'm Parker unto Robert Sackett in the said Bill named for Eight or Nine years or for anie time att all nor whither the said Rob'te Made anie Last Will or Testamt in wrightinge or not whither he be deade or Liveinge & sath that Neither he for his p'te nor anie of the Defendts or terrten'nts of anie of the Lands of the said Willm to this Defendts knowledge gott or did gett into their or anie of their hands anie Deede or graunte of anie such Annuity or doth deteine or know the same Neither did this defendt to his knowledge ever see anie such deede or gr'unte of anie such Annuity But saith that he hath heard That the said Will'm Parker did gr'unte unto the said Rob'te Sackett one Annuitie or yearly rent of six pownds to be Issuinge & goeinge out of all and sing'ler the Messuage Lands and tents of him the said Will'm Parker in the p'ish of Ickham in the Countie of Kent or Else Where in the said County of Kent to have & to hold the said Annuity or yearly rent unto the said Rob'te and his heires upon Condicon Notwithstandinge Which condicon whither the same were p'formed or not this Defendt knoweth not And saith That he hath alsoe heard that the said Will'm Parker was seised of and in cetaine Lands & Ten'tes in the said p'ishe of Ickham & Wingham & Else Where in the said County of Kent But of what Lands or Ten'tes he was soe seised or when or what Estate he knoweth not neither doth the Complayn'nte sett forth the same in or by his said Bill But this Defendt denieth That either he or anie other of the Defendts or Terrten'nts of the Lands Late of the said Will'm Parker or their or anie of their Ancestores or p'decessors or the said Will'm Parker to his knowledge did by anie Combinacon Complotmt or otherwise contreve Or make anie Estates of all or anie of the Lands That were the said Will'm Parkers chargable with anie such Annuity or yerely rent of the same [?privatly] conveighed by anie sev'all p'cells or quantityes Or that Either he or anie other of the Defendts to his knowledge have by changinge anie of the said Lands into Manie or anie severallies or Lesse p'cells or by alteringe all or anie of the said kinds or names of the said Lands or by their p'miscuous Minglinge of them or anie of them with their or anie of their owne other Lands have soe obscured the said Lands that the Complayn'nte cannott truly knowe legallie to take his Destresse for the said Rent And this Defendt saith that he Intermarried with Katerine late the wife of Charles Trippe Esqr by whome she had Issue Charles Trippe his Eldest sonne beinge nowe under Thage of one & Twenty yeres [-?-] of thage of seventeen yeres or there abouts and in Ward to my Lords grace of Canteburie and this defendt confesseth That he is seised or possessed of all the Lands & Ten'ts wch were the said Charles Trippe the father Att the time of his death p'te whereof are the Joyncture of the said Katerine and the rest the said Defendt and Katerine hold as gardians or [?Connltees] of the said Charles Trippe the sonne amongst wch he beleiveth that some p'te were the Lands of the said Will'm Parker but whither the same were or are Lyable or subject to the paym't of the said Annuity or yeerely Rent of six pownds or not the Defendt knoweth not nor nowe to distinguish or sett out the same fro' the residue of the said Lands and tents Late of the said Charles Trippe nor to sett out the yerely value of the same he lyveinge and dwellinge in the County of Suff farr remote fro' the said p'ish of Ickham in the said County of Kent and the Defendt saith that he for his p'te claims noe Interest or title in and of the Lands Late of the said Will'm Parker But onely Either in the right of his said wife or in the right of the said Charles Trippe her sonne and allthoughe It should fall out that the Compleyn'nte should make a good title to the said Annuitye & That anie of the said which this Defendt [-?-] Either in the right of his said wife or in the right of the said Charles Trippe her sonne or as his Gardian or [?Comilter] yett that he this Defendt cannot well tell howe to make any Composcon or agreemt with the Compleyn'nte for the same without p'judice to his sayd wife & her said sonne or one of them Without that that the Complayn'nte in the Life time of his said father did Live farr remote fro' the said Lande & therefore unacquainted with the same to the knowledge of this Defendt or that the p'ties whoe knowe all thother Lands distinctly heretofore are Longe since all deade to the like knowledge of this defendt And without that allsoe that anie other Matter or p'inge in the said Bill contained Matrall or Effectuall in the Lawe to be Answered unto by this Defendt & herein or thereby not sufficiently answered unto confessed and avoyded trav'sed or denied is true to the knowledge of this Defendt all wch matters and thinges this Defendt is ready to averr Justifie Maintaine & p've as this Honourible Court shall awarde and therefore humbly prayeth to be Dismissed out of the same wth his reasonable costes and charges by hym sustained in this suite

Edward Hobarte

Endorsed 28 Apr 1638

C2/CHASI/S103/27 (fo. 1) Bill of Complaint of Paul Sackett, 1638

[This piece consisted of three sheets of vellum, the complaint and two responses. The top left corner of all three membranes has decayed away, including the dates of the documents, but one of the responses is dated 1638.]

To the most noble the Lo Coventry keeper of the great seale of England

[c 6 words missing] unto yr Lopp your Lopps dayly Orr Paul Sackett of St Johns in the Isle of Thanett in the County of
[c 6 words missing] Orrs father Robert Sackett did by deede & graunt of one William Parker in the p'ish of Wingham in the sd
[c 6 words missing] consideracon in septimo Jacobi purchase to him & heires of the sd William Parker one Anuity or rent charged as
[c 6 words missing] & [?goeing] forty out of all the lands of the sd William Parker in the p'ish of Igtham in the county & elsewhere in as
[c 6 words missing] Anuity of yearely rent of 6li a yeare the sd William Parker did for 2 or 3 yeares after the graunt thereof satisfie
[c 6 words missing] Sackett who within short tyme after that made his last will & testamt in writing & thereby did devise in Fee
[c 6 words missing] his sonne the sd Anuity or yearely rent of 6li a yeare & dyed after whose death by some indirect meanes or other
[c 6 words missing] of the landes out of wch the sd Anuity is issuing gott into their hande the sd deede of Anuity & the
[c 6 words missing] & the sd defendts not ignorant the sd William Parker [?rascily] intending to defraud yor Orr of the sd
[c 6 words missing] wch the defents and their [?Terrtemite] or their p'decessors under whom they clayme did contrive divers severall
[c 6 words missing] Willi: Parkers & chardgeable wth the sd Anuity or yearely rent & the same privately conveyed by severall p'cells
[c 6 words missing] to some freinds of theyes to their use unknowne to yo Orr under whome they clayme or [?reclame] the rente of the sd
[c 6 words missing] changing of the sd lands into maine [?soueralties] & lesse p'cells & by [?abering] of the kynde & names of the lande & by
[c 6 words missing] of their owne lands wch they hould from other p'sons have soe obscured the sd lande that yo Orrs living very remote
[c 4 words missing] fathers life tyme & therefore unacquainted wth the same & the p'ties that know the sd lands distinctly being long since
[c 4 words missing] Aledgeth that if hee had the sd deede & graunt wch delivered upp to him knoweth not certainly where legally to take his
[c 2 words missing] sd rent & safely to avow the takeing thereof & so it is yor Orr considering that maine suites might arise between yo Orr & the sd
[c 2 words missing] of the sd Anuity yo Orr to avoide all suite that might thereby happen or grow hath divers & severall tymes desired these def & every
of them that they would quietly deliver upp the sd deede & graunt of Anuity unto yo Orr & that they would express to yor Orr what land they
hould that were the lande of the sd Will Parker & whatt their severall estates bee in the same & how big it is since the same was bought of
the sd Will Parker by them or anie of them or by anie under whom they clayme & to sett forth what dates the deede beares & to manifest
where the lande lyes & the severall [?bounders] or names by wch their landes are called or knowne & the severall kyndes of their lande whether
arrable meadowe or pasture all wch they expressly deny to doe & yor Orr hath alssoe in a courteous manner offered unto the defendts & p'sent
Terrten'nte of the sd lande that if they will every one of them pay unto yor Orr a ratable some of money answearable to the severall quantities &
values of the lande they hould lyable to the sd graunt whereas yor Orrs unto bee sattisfied & pd the some of money for wch the Anuity was first
graunted & the arrerage thereof that are behinde that yor Orr would bee contented that they should cancell the sd deede soe unconscionablei detayned
from him as aforesaid & that hee would recouver & assure the sd deede & graunt of Anuity or yearely rent chardge by anie other assurance
unto them all wch reasonable & unconscionable offers the defents have altogether refused to p'forme & for that yor Orr hath noe remedie by the strict
rules of the comon lawes to recover the sd Anuity or yearely rent for want of the sd deedes by wch he should alow the lakeing of a [?discresses] way
it therefore pleases yor lopp the p'misses considered to graunt unto yor Orr the kings maties most gracious writt of subpn to bee drected to William Jones Henry Austen Edward Hubberd Symon Hurleston William Brewer commanding them etc.

Fran Lovelace
Peter Peke

C2/CHASI/S103/27 (fo. 2) Answer of William Brewer

The several answers of William Brewer gent one of the defendts to the Bill of Complaint of Paule Sackett

[c 5 words missing] to the uncertainty or insufficiency of the said bill of complaint unto this defendt now and at all tymes heronafter saved and [?rescored] for answere thereunto this defendt saith that he doth not know nor acknowledge
[c 5 words missing] bill named did by the deed and grant of William Parker in the said bill mentioned for a valuable consideracon in the seventh year of the Reigne of or late Sovereegne Lord King James purchase to him and to his heires
[c 5 words missing] one Anuity or yearley rent therebye of six pounds nor any other Annuity whatsoever issuing and goeing forth of all the lands of the said William Parker in the said bill menconed nor that the said William Parker did
[c 5 words missing] the grant thereof at any tyme satisfy and pay the same unto the said Robert Sackett nether doth he know that the said Robert Sackett by his will in the said bill menconed did devise the same to the ptt his sonne
[c 5 words missing] And the said defendt absolutely denieth that he or any other (to his knowledge) by any indirect means whatsoever have gotten into their or any of their hands or custody the said p'tended deeds or grant of
[c 4 words missing] _sufly detayne or keepe the same And this defendt doth not know or acknowledge that the said William Parker craftily or subtily intending to deprive and defraud the ptt of the said Annuyty by combynacon or
[c 4 words missing] _id defendt his ancestores or any other under whome he claymeth did make or contrive divers severall estates of all or any the lands menconed in the said bill that were the said William Parkers or did privatly
[c 4 words missing] _ny parte thereof to any p'sons under whom the defendt or any other clayme or were once the rents and p'fitts of the same who by changing of the same into many [?sevralties] and parcells and by altering the kinds and
[c 3 words missing] lands and by the promiscuous mingling them with some other of their owne lands wch thay hold from other p'sons have any waies obscured the said lands as the ptt by his bill hath untruly alledged nether doth the
[c 2 words missing] know that there is any such obscuring promiscuous mingling private conveying severing changing or altering the names or kinds of the same or any parte thereof as is supposed by the said bill nether doth the defendt
beleeve or know that the parties are all dead that know the said lands but rather beleiveth that the ptt p'fectly knoweth the p'ticular p'cells thereof and who be the severall owners for that this defendt hath credibly heard so much neither doth
the said defendt beleeve or know that the ptt did or doth live fare remote from the said lands nor that he is unacquainted with the same but the said defendt doth beleeve that if the ptt had any such pretended deed or grant that
he could not safely distrayne or avow for the said rent for that that he beleeveth if any such were it was fraudulently unlawfully and [?covenonfly] obtayned without any consideracon of purpose to interrupt the purchasers of the
quiet injoying of the said lands and that therefore the said ptt would be ashamed to p'dure the same if any such were and hath therefore deferred the seeking the recovery thereof for divers yeares together until that he supposed the
witnesses to be dead that were able to prove the said fraud and [?corin] And the said defendt utterly denieth that the ptt did ever desire or request him to deliver up the said pretended deeds but he confesseth that the said ptt did promise to
produce and show the same to this defendt and told him that it was in the custody and keepeing of one Mr Peake his counsell as he remembreth And the said defendt denyeth that the ptt did ever request him this defendant
to expresse what lands he holds that were the lands of the said William Parker or what his estate was in the same or how long it was since the same was bought of the said Parker or to sett forth the date of his deeds or
that this defendt did ever deny to set forth where the said lands did lye and the bounds of them and the severall names and kinds of the same But the said defendt beleeveth that the ptt did p'tend that he knew the same
And the said defendt beleeveth that the ptt did offer to sell to the said defendt and some other of the defendts his said p'tended annuyty as he hath by his owne showing set forth But true it is that the deft Because he
did [?conceane] that the said Parker did for good and valuable consideracons convey and assure the said lands to his ancesters or p'dicesses disckarayed of all such grants of rente denyed to give any thing for the same
and for that the ptt never produced or showed the said pretended grant to this defendt as he often promissed and therefore he this defendt did not nor doth beleeve that he had any such grant lawfullie made or duelye
executed But for a more full answere to the said Bill and to give this Honoble Court all humble satisfac'on herein this defendt confesseth That he hath in his custodye one Indenture tripartite made the twentith day
of October in the seventh yeare of the Raigne of our Soveraigne Lord King James of England etc. Betweane Samuell Harlestun Recter of the p'ish Church of Ickham in the County of Kent Clerke and Alice his
wife JohnWarham of Wingham in the said County gent and Anne his wife Symon Harlestun of Ickham aforesaid gent and Sarah his wife and William Parker of Wingham aforesaid yeoman and Johanne
his wife of the first p'te John Harleston of Ickham aforesaid gent and Elizabeth his wife of the second p'te and Richard [?Brewer] of Ditton in the said Countye of Kent gent father of the said Elizabeth of the third parte
wittnessing that for and in considerac'on of the advancement of the said John Harlestun and of his heires and of a competent Joynture and p'fermt for the said Elizabeth in case shee should survive the said
Samuell Harlestun John Warham Symon Harlestun and William Parker did by the said Indenture jointlly and severally for themselves and for any of them their heires executers and administrators coven'nt and
grant to and with the said John Harleston and Elizabeth his wife and Richard [?Brewer] their heires and assignees That they the said Samuell Harlestun and Alice his wife John Warham and Anne his wife Symon Harlestun
and Sarah his wife and William Parker and Johanne his wife their heirs and assignees should and would before the latter end of the then instant terme of St Michaell in due forme of law before his then Maties
Justice of his hignes court of comon pleas levye and acknowledge one fine unto the said John Harleston and Elizabeth his wife and the heires of the said John Harlestun of all the lands tenements and hereditamts
hereafter menconed (that is to say) of all that one Messuage or tente one Barne howses & divers buildings and garden and orchard and five peeces or parcells of land contayning by estimacon fifteen acres of land
whether more or less with their appurtennces severalie situate lyeing and being in Ickham aforesaid whereof the said Messuage or tenement barne houses edifice buildings garden orchard and one peece of
land contayning by estimacon one acre one yard and seaven perches of land whether more or less are together situate lyeing and being in or neere to a certayne street in Ickham aforesaid comonly called
Cotmanstreet to the kings highway there towards the East and South to the lands of the said Samuell Harlestun called Northbowles and to the other lands of the said Samuell towards the West and North One other
peece pr parcell thereof contayning by estimacon twoe acres halfe an acre and twenty fower perches of lands whether more or lesse lyeing and being in the lower p'te of a field called Cotman field to the kings
highway there towards the North and to the lands of the Deane and Chapter of Christchurch Canterbury towards the East South and West And other p'cell thereof contayning by estimacon three acres
whether more or lesse lyeing and being in the lower parte of the said field called Cotman field to the lands of the Deane and Chapter of Christchurch Canterbury aforesaid towards the East South West and
North One other parcell thereof contayning by estimacon seaven yards of land lyeing and being in the said feild called Cotman field to the lands of the said Samuell Harlestun towards the North East and South and
to a certayne way called the Churchway leading unto a messuage there called [?Lee] towards the west And also one other parcell of land residue of the said five peeces or parcells of land called or knowne by the name of
Southbowles contayning by estimacon five acres and half an acre of land lyeing and being to the lands of the Deane and Chapter of Christchurch Canterbury aforesaid towards the East and South to a certaine River
there towards the West and to the kings high way there towards the North And of one Messuage Tenement or Cottage and one parcell of land contayning by estimacon one Roode of land more or lesse situate lyeing and
being in the upper corner of Cotmanfeild aforesaid to the kings street there towards the North and East to the lands of the Deane and Chapter of Christchurch Canterbury aforesaid towards the South and West And of
one other messuage ten'te or Cottage with all the edifices one garden one orchard and one peece or parcell of land thereunto belonging contayning by estimacon one acre of land more or lesse together situate lyeing &
being in Ickham aforesaid to the kings high way towards the east to a watering [?hole] and the lands of the said Samuell Harlestun towards the South and West and to other lands of the said Samuell Harlestun late
of John Gaston gent towards the North And of one other messuage tente or Cottage one Garden and five peeces or p'cells of land thereunto belonging containing by estimacon fifteen acres of land more
or less severallie situate lyeing and being in Wickhambreux in the said County of Kent whereof the said messuage or ten'te cottage Garden and one p'cell of land contayning by estimacon two acres of
land more or lesse are situate lyeing and being in Wickhambreux aforesaid at a certayne place there called [?Grove] to the lands of John Prowde there towards the East and South to a certayne way there called
a Drove way towards the North and West and to the lands parcell of the Manner of Wickhambreux towards the South and three other p'cells thereof contayning by estimacon Eleven acres of lands more or lesse together lyeing
and being in Wickhambreux aforesaid to a certain way there called a Droveway towards the East and South to the lands of William Gibbes gent towards the west and to the lands p'cell of the said Manner of Wickham-
breux toward the North and also one other p'cell full residue thereof contayning by estimacon two acres lyeing and being in Wickhambreux aforesaid to a certain way called a Drove way towards the North and
East to the lands of John Swynford towards the South and to a certain way called a Droveway towards the west And of one parcell of fresh mersh lands contayning by estimacon fowre acres of land more
or lesse lyeing and being in Wickhambreux aforesaid to a certayne way there called a Droveway towards the east to the lands of [?Valentine] Austin towards the South and West to the streame and the lands of the
heires of [gap] Forestall towards the North and also of two other peecs or p'cells of Mershland called or knowne by the name of Hookemershes contayning by estimacon Nyne acres of land with
thappurten'nces more or less lyeing and being in Wickhambreux aforesaid at a certain place there called Hookegrove to a certain way there called a Droveway towards the East to the lands of the heires
of [gap] Forestall towards the South and West and to the lands of Richard Symes towards the north east The which said five so to be levyed of the p'misses was to be levyed by such name and names as is more lawgely
acknowledged should be and every p'son and p'sons thereof seised and to be seised should stand seised of the [?users] intents and purposes hereafter expressed that is to say that for touching and concerning
one peece or parcell of land with thappurten'nces p'cell of the p'misses contayning by estimacon seaven yards of lands lyeing in the feild called Cotmanfeild aforesaid to the only use of the said Samuell
Harlestun his heirs and assignees for ever And for touching and concerning all the residue of the said lands ten'te and hereditamte with their appurten'nces to the use of the said John Harlestun
and his wife and of the heires of the bodye of the said John Harleston on the body of the said Elizabeth begotten and to be begotten and for lack of such heires to the right heires of the said John Harleston for
ever as by the said Indenture more at large it doth and may appeare to which Indenture the said defendt for more certaynty referreth himselfe And the said defendant doth alsoe beleeve that a fine
of the premisses was accordingly had and levyed by vertue whereof and of other good and lawfull conveyances devised and assurances in law since made part of the p'misses that is to say two messuages
or ten'te barne buildings garden and orchard and five peeces of land contayning by estimacon Eleven acres more or lesse of the p'cells first menconed in the said deeds and now or late in the occupacon
of William Parker or his assignees and lawfully come to this defendt William Brewer in fee And saith that he beleeveth that some other of the said parcells of land are by sufficient and lawfull
assureance or assureances come to some of the rest of the defendts but the p'ticulars thereof he cannot upon his certayne knowledge expresse And alsoe the said defendt beleeveth that the said William
Parker was heretofore seised of the p'misses now come to this defendt and that he the said William Parker had upon good and valuable consideracon conveyed away the same and some other of the p'misses
long before the sealing of the said recited Indenture and had lawfully executed estates thereuppon as this defendt hath heard and that the said Indenture and fine was advised as aforesaid p'tely
for further and better assureing of the said lands or some p'te thereof without that that any other matter or thing contayned in the said Bill materiall or effectuall in the law to be answered
therefore humbly prayeth to be dismissed this honoble Court with his reasonable costs and charges in this behalfe most wrongfully and without cause sustaned etc.

Jo Best

C2/CHASI/S103/27 (fo. 3) Answer of William Jones

Marsham

The several answers of William Jones Defendt to the Bill of Complaint of Paull Sackett Complainant

[c 4 words missing] the said Bill of Complaint exhibited against him into this Hnoble Court is verie uncertaine untrue and insufficient in the lawe to be answered unto by this Defendt and the matters therein furnoshed are
[c 4 words missing] unto this Hnoble Court rather out of malice and evill will to the intent thereby unjustly to vexe and molest him with tedious [?travell] expence & charge of suite than upon any just cause or colour of
[c 4 words missing] _ust this defendt as this defendt hopeth to prove unto this Hnoble Court neverthelesse the advantage of exception to the insufficiencie and uncertaintie of the said Bill of Complaint and all other advantages
[c 4 words missing] nowe and at all times hereafter saved, for further answers thereunto, and for a full and plaine declaration of the truth touchinge for much of the materiall contents of the said Bill as many fort
[c 3 words missing] this defendt, He for himselfe saith That whether Robert Sackett the Complainants Father in the Bill named did in the Seaventh yeare of the Reigne of our Souvraigne Lord Kinge James or at any other time
[c 1 word missing] the deed and graunt of William Parker in the Bill named purchase to himselfe and his heires of the said William Parker one Annuitie or yearly Rent a charge of Six pounds to be issuing and going forth out
of the lands of the said William Parker in the parishe of Ickham in the bill named, or whether ever the said William Parker did paye the said Annuitie or Rent charge or any part thereof as in the Bill is
suggested, to the said Robert Sackett, or whether or howe the said Robert Sackett did devise or conveye the said supposed Annuitie, or to whom, this defendant is altogether ignorant, And this defendt
saith That the said William Parker did never make any estate of any land whatsoever chargeable with this supposed Annuitie or yearly Rent, or of any other land whatsoever, to this defendant, or any of
his Anncestores or Predecessores to this defendts knowledge, or to any other person or persons to the use of this defendt, But this defendt saith that true it is about Thirteene yeares since, by one Indenture bearinge
Date the Tweteith daye of Aprill, in the First yeare of the Reigne of our Soveraigne Lord the kings Matie, that nowe is, [i.e. 1625] this Defdt for a full and valuable consideration did purchase to himselfe and his
heires in Fee severall parcells of land of William Gibbs thelder of Elmestone in the Countie of Kent gent, and William Gibbs sole sonne and heire apparent of the said William Gibbs most of which
parcells were [?auntieatly] the Inheritance of the late Earle of Castle Hauen, the particulars and boundaries whereof this defendant [?conceiveth] he shall not need to trouble this Hoble Court to sett forth in respect
the same nor any of them never were the inheritance of the said William Parker as farre as this defendant knoweth or could ever learne. And this defendant confesseth that
amonge other lands soe by him purchased of the said William Gibbs in the said Deed mentioned there is one parcell of pasture land called Frigges conteyning by estimation Five Roodes more or lesse, sometime George Joyes
Clearke, situate lyeing and being in the parishe of Wingham in the Countie of Kent and one Messuage, one kitchin, one barne and one stable thereupon built boundinge and abutting on a p'cell of the lands of this Defdt
p'chased of the said William Gibbs called Lamberds close East & South, on another p'cell of the lands of this Defdt purchased of the said William Gibbs conteyning foure acres North & on other Lands of this Defendant purchased of the said William Gibbs conteyning nine acres west
and there mentioned to be sometime the inheritance of one William Parker of Wingham in the countie of Kent yeoman, and of William Tibbot of Maddocke near St Thomas Hall in the said Countie yeoman wch William Parker
this defendt beleiveth to be the same William Parker in the bill named. But that the said five roodes of land should be chargeable with the said supposed Annuitie, or Rent charge of six poundes this defdt knoweth not
nor beleiveth to be true. And this defdt saith that neyther himselfe nor any other person or persons to his use hath or ever had any landes or estate in landes that to his knowledge ever were the lands or inheritance of the
said William Parker other than the said five Roods called Friggs before mentioned and bounded. And without that that this defdt did ever gett into his handes by any means whatsoever, or hath or ever had or any other person or
persons to his knowledge or [?permitie] hath or ever had the said supposed Deed and graunt of Annuitie, or any Deed or graunt of Annuitie wherewith any of the landes of the said William Parker in the Bill named were ever
chargeable. And without that that this defdt hath made any combination or complottment with the said William Parker or with any other person or persons to defraud the Complaymant of the said supposed or any other Annuitie
or Rent charge or that himselfe or any other person or persons for him or to his knowledge have any way fraudulently changed intermingled, or obscured any lands that at any time were the Inheritance of the said
William Parker, nor practized any fraudulent contrivance as in the said Bill is most untruly and unjustly surmized. And without that that the Complainant or any other for him did ever move or treat with this defdt
about the deliverie of the supposed deed & graunt of Annuitie or rent charge of six pounds p' an' or made any offer of proportioninge the supposed charge as in the Bill is allso most untruely alleadged, the said
Complainant well knoweing howe fruitlesse any such motion treatie or offeer must needs have been, where there was & is noe ground to claime any such Annuitie or Rent charge as this defdt verily beleiveth
And without that that any other matter, thinge or thinges, clause sentence article or allegation in the said Bill of Complaint conteyned materiall or effectuall in the lawe to be answered unto by this defdt and
not herein confessed and avoided denyed or traversed is true. All which matters this defdt is readie to averre and prove as this Hoble Court shall award And therefore prayeth to be dismissed out of the same with
his reasonable costs and charges in this behalfe wrongfully and without cause susteyned

Tho: St Nicholas

[Endorsed 30 Aprilis 1638]

C2/CHASI/S114/8 Replication of Paul Sackett to Answer of Henry Austin, 1638

The Replication of Paule Sackett complt to the Answere of Henry Austen Defendt

The said complt saving to himselfe now and at all times heerafter the advantage and benifitt of exception to all and singular the incertaintyes and insuffitiencyes of the said Answere replyeth thereunto and saith as hee before in his said Bill of Complt hath said & doth and will averre and justifie his said Bill of Complt to bee certaine and sufficient in the Law to bee Answered unto by the said defendt and doth and will justifie and maintayne and will bee all waies reddy to prove all and every the matters clauses and things therein contayned to be just and true And that the Answere of the Defendt for divers defects untruths and imperfections is uncertaine and insufficient to bee replyed unto Without that that any other matter or thing in the said Answere contayned materiall or effectuall in the law to bee replyed unto by him this complt and not heerein sufficiently replyed unto confessed or avoyded traversed or denyed is true All wch matters and things this Complt is reddy to averre and prove as this Honoble Courte shall award and prayeth as in his said Bill of Complt hee hath prayers

Pet. Peke

C2/CHASI/S114/9 Replication of Paul Sackett to Answer of Simon Hurleston, 1638

The Replication of Paule Sackett complt to the Answere of Simon Hurlestone Defendt

[Text as Replication to Answer of Henry Austin]

C2/CHASI/S114/11 Replication of Paul Sackett to Answer of William Jones, 1638

The Replication of Paule Sackett complt to the Answere of William Jones Defendt

[Text as Replication to Answer of Henry Austin]

C2/CHASI/S115/22 Replication of Paul Sackett to Answer of William Brewer, 1638

The Replication of Paule Sackett complt to the Answere of William Brewer Defendt

The said complt saith in all and every thing and things as in his said Bill of Complt hee hath said and doth and will answere and justifie maintaine and prove the said Bill of Complt and all and everry the matters and things therein contayned to bee certaine just and true And that the Answer of the said Defendt is very uncertaine untrue and insufficient in the law to bee replyed unto by him this Complt Neverthelesse the said Complt saving to himself now and at all times heerafter all advantage and benefitt of excepcon to the uncertainties and insufficiencyes of the said Answer xx replieth xx there unto and saith that the Defendt hath not in his Answere sett forth what is the true value oof the said two Messuages or Tennements barne buildings garden orchard and five peeces of land contayning eleven acres more or lesse acknowledged by the Defendt in his said Answere to bee heeretofore the Lands and Tenements of the said Parkers nor whether hee xx hath any other lands wch weare the said Parkers nor whether all the lands exprest in the said Tripartite Deede mentioned in the said Answere were the said Parkers or noe nor what p'te thereof were the said Parkers all which the Defendt ought fully to have sett forth in his said Answere And the said Complt farther saith that the said two Messuages or Tennements barne buildings garden orchard and five peeces of land contayning Eleven acres more or lesse are lyable to the said Rent charge Deede and grant wch deed & grant the Complt upon true substantiall and good grounds beeleeveth affirmeth and justifieth to bee a true just and firme Deede duely and justly made by the said William Parker for the xx consideration therein exprest unto the said Robert Sackett his heires and assignes xxx but the said Defendt builds his contrary beleefe upon an other weake infirme and feeble foundation expresd in his said Answere Without that that any other matter or thinge in the said xx Answere contayned materiall or effectuall in the Law to bee replyed unto by him this Complt and not heerein sufficiently replyed unto confessed or avoyded traversed or denyed is true All wch matters and things this Complt is reddy to averre and prove as this Honoerble Courte shall awarde and prayeth as in his Bill of Complt hee hath prayed

Pet Peke

C2/CHASI/S126/27 Replication of Paul Sackett to Answer of Edward Hobarte/Hubbard, 1638

The Replication of Paule Sackett compte to the Answere of Edward Hubbard Defendt

The said complt saith in all and every thing and things as in his said Bill of Complt hee hath said and doth and will answere and justifie maintaine and prove the said Bill of Complt and all and everry the matters and things therein contayned to bee certaine just and true And that the Answer of the said Defendt is very untrue uncertaine and insufficient in the law to bee replyed unto by him this Complt Neverthelesse the said Complt saving to himself now and at all times heerafter all advantage and benefitt of excepcon to the uncertaintyes and insufficiencyes of the said Answer xxx replyeth xxx thereunto and saith that the ~~~ condition ~~~ exprest in the said Defendts Answere to be contayned in the said deede and grante ~~~~ was not performed nor any p'te or p'cell of the mony and consideration for wch the same Deede was granted was ever paid unto the said Robert Sackett in his life time or to any other p'son or p'sons to his use or unnto him this Complt or his assignes since the death of the said Robert And farther saith that the Defendt hath not in his Answere sett forth the certainty of the lands that weare formerly the said Parkers eyther for bounders quantity or value nor whether they or any p'te thereof bee the joynture lands of the said Defendts wife or whether hee houldeth them in her right or by any other title wch the Defendt ought to have done for the Complt well knoweth that the defendt might in an exact manner have shewed forth the truth there of if hee had thoroughly peruesed the Deeds and conveyances concerning the same And the rather might hee have exprest the same for that the Defendt did not within these few yeares husband and occupy the said lands himselfe in the right of his said wife or upon some other title wch hee yett enjoyeth Without that that any other matter or thinge in the said Answere contayned materiall or effectuall in the Law to bee replyed unto by him this Complt and not heerein sufficiently replyed unto confessed or avoyded traversed or denyed is true All wch matters and things this Complt is reddy to averre and prove as this Honoble Courte shall awarde and prayeth as in his Bill of Complt hee hath prayed

Pet Peke

Depositions Sackett v Hubbord & others, 1638

C21/S21/1 (fo. 1) Deposition of William Sackett to Simon Hurleston's Interrogatories, 18 April 1639

Despocicons of Witnesses taken at the [?house] of Thoma Tatum being the signe of the [?Rose] in the Towne and Port of Sandwich in the County of Kent on Thursday the eighteenth day of Aprill in Fiffteenth yeare of the reigne of our Sovereigne Lord Charles by the grace of god of England Scotland France & Ireland King defender of the faith et Anno ger Dmi 1639 before Thomas Bletchieden Esqr Mathew Pele & William Gibbon gent by vertue of his Maties Commission out of his high court of chansery of England to them and others directed for the examinacon of Wittnesses in a Case there depending Betweene Paul Sacket Complt and Edward Hubberd gent and other dfds and one the part and behalfe of the said xxx dft Symon Hurlstone.

William Sacket of Ash next Sandwich in the County of Kent Maltster aged sixty two yeares or there abouts sworne & examined deposeth as Followeth

1. To the First Inter' this dep't saith that he doeth know the Complt Paule Sackett the dft Edward Hubberd Symon Hurlestone and Henery Austen & hath knowen them and every of them by the space of seaven yeares and upwards but the other dfd he doth not know.
7. To the seaventh Inter' this dep't saith that he doeth verily beleve that the def' Symon Hurlestone is owner of one of the parcells of land conteyning by estemacon two acres more or less lyeing in the feild called trefary Feild expressed in the dep'ts eposicon to the Fowerth Inter' one the pl'ts parte and the reason why he beleveth the same is for that he hath heard the said df't Mr Hurlestone acknowledge that he was owner of the said two acres.

Tho Blechynden
Mathew Peke
William Sackett

Notes, by Marion Sackett
1. The Interrogatories (questions), to which these are William Sackett's answers, are on folio 4. These questions were posed by Simon Hurleston.
2. William Sackett also answered questions posed by Paul Sackett. These questions are on folio 3, and William's answers form part of folio 5.
3. William Sackett (1577–1640) was Paul Sackett's older brother. William, in his will of 27 June 1639, left his children (except Jeffery) equal shares in his part in an annuity "now in suit" if it is recovered. So he was not exactly an impartial witness! William's late wife, "cosin" of William Parker (see folio 5) was Joan Parker; she died in 1637.

C21/S21/1 (fo. 3) Paul Sackett's Interrogatories

Interrogatories to bee Administred to Wittnesses to bee produced on the parte and behalfe of Paule Sackett Complt against Edward Hubbard, Simo' Harlstone and others

1. Impremis doe yow know the parties Complt and Defendts and how long have yow knowen them or any of them
2. Item doe yow know or beleeve that William Parker of Wingham in the County of Kent yeoman did in his life time grante Seale and deliver one Annuity or yeerely Rent Charge of Six pounds a yeere unto one Robert Sackett of the p'ish of Ash next Sandwch and to his heires to bee issuing and going out of all his Messuages lands and Tennements in Ickham in the said County and out of all his other lands in the said County of Kent how long is it since the said Deede and grante was made and what date doth it beare and was not seisen of the said Rent had to the said Robert Sackett there upon and did not your make the said Deede or weare yow not A Wittnesse to the same, and is this the said deede now sheweth unto yow as yow know beleeve or have heard
3. Item doe yow know or beeleive that there was the full sume of Sixty Pounds of Lawfull mony paid by the said Robert Sackett to the said William Parker and in consideracon of the said Annuity or yeerely Rent charge weare you not p'sent at the payment thereof or did yow not heere the said Parker confesse soe much or by what other meanes or waies doe yow know the same sett forth yor whole knowledg therein
4. Item what perticular p'cells of Lands doe yow know or beleeve that the said William Parker was seased of in Fee at the time of the said grante or deede made to the said Robert Sackett lyinge in the said parish of Ickham or else where in the said County and how many weare the said p'cells of lande and who bought the same of the said William Parker and what person or persons are now seased in Fee or otherwise possessed of the said Lands or any p'te of them As yow know beleeve or have heard
5. Item doe yow know the bounders of the said Lands or any of them or the names of the said lands or any of them that weere chargeable with the said Rent charge and where they or any of them lye and in whose occupation they or any of them bee, sett forth yor whole knowledg touching the said bounders lands and the names thereof and who occupieth the same and where they or any p'te thereof doe lye
6. Item doe yow know or beleeve that the said Robert Sackett did by his last will and Testament in writing will and devise unto the said Paule Sackett the Complt and his heires the said Annuity or yeerely Rent charge of Six pounds a yeare how doe yow know the same have yow not seene the said Will and examined the same and is not this a true coppy thereof now shewed forth unto yow as you know beleave or have herd
7. Item since the said devise made to the complainant on the death of the said Robert Sackett hath not the said Paule Sackett offered in yor heering to Edward Hubbard William Jones and som other purchasers or possessors of parcell of the lands lyable to the said Annuity or yeerely rent that if they or hee and the other Terrtennants of the said Lands would ratably and proportionably to the parcells of the said lands they hould satisfie and pay him the said mony for wch the said Rent charge was granted and the yeerely Rent thereof behinde and in arreares & damages for [?dearance] thereof that hee would deliver up the said deede unto them or cancell the same and how long is it since hee made the said offer to them or any of them as yow know beleeve or have heard
8. Item was not the said Robert Sackett accompted a very honest man and would he have devised or willed the said Annuity or yeerely Rent Charge to the Complt if it had not beene in force and undischarged and in his life time was not Parker himselfe the grantor required to pay the said Rent and since his death have not the purchasers or some of them beene often required by the Complt to satisfie and pay the said yeerely Rent and what Answeres have theyy or any of them made to the said demands how long is it since they have beene soe required as you know
9. Item What other matter or thing doe you know or beleave touching the businesse in question duclare yor whole knowledg therein

Endorsed:
Annuity dated 28th Apr
7 Jacobi 1609

C21/S21/1 (fo. 4) Simon Hurleston's Interrogatories

Interrogatories to be [?ingrossed] to witnesses to bee produced on the part and behalf of Simon Harleston Esqr one of the Defts to the Bill of complaint of Paule Sackett

1. In premis doe you knowe the Complainant and Simon Harleston one of the defendants aforesaid or either of them and which of them and how long have you so known him or them
2. It'm whether did you know Robert Sackett father of the Complainant deceased and William Parker late of the parish of Wingham in the Countie of Kent yeoman likewise deceased or Either of them when or how long since died they or either of them and where were they or either of them buried
3. It'm doe you knowe that the said Robert Sackett did purchase of the said William Parker any Annuitie or yerely Rent Charge to be issuing or goeing out of any Mesuage Lands or Tenements of the said William Parker if so what or how much was the said Annuitie or Rent charge so granted unto the said Robert Sackett
4. It'm when or about what time was the said Annuitie or Rent Charge menconed in the next p'cedent interrogatorie granted unto the said Robert Sackett did you see the Deede of grant thereof sealed and delivered and wer you a witnesse thereunto and sett your name as a witnesse there unto If so who was witnesse thereunto besides your selfe If not how otherwise did you knowe the same How long is it since you did first see the said Annuitie and Rent Charge and since you did last see it and in whose custodie What is since become of the same and whether was it they sealed and in a good Deede in shewe or wthout a seale or Cancelled or Defaced Have you never credibly heard the same was released and discharged
5. It'm what sume of money did the said Robert Sackett paye or agree to paye unto the late William Parker for the said Annuitie or Rent Charge in the two next p'cedent interrogatories mentioned did you see the said money paid or any part thereof and how much or securitie and what securitie geven for the same or any part thereof xxx xxx if so who was p'sent besides your selfe at such payment made or such securitie geven If you were not p'sent at the doeing of the p'misses herein demanded of you how doe you know the same or any of them were done
6. It'm what Mesuage Lands and Tenemente was the said William Parker seised of in Fee simple at the time of the supposed granting of the said Annuitie or Rent Charge mentioned in the last two predent Interrogatories unto the said Robert Sackett where were the said Mesuage Lands and Tenemente situate lyeing and beeing and who then occupied or had the possession of them or any of them and what were the yerely value of them or any of them as you knowe or have credibly heard
7. It'm Hath the Deft Simon Harleston any of the said Lands which were the said William Parkers as you knowe or have credibly heard If so how much and where lye the same and what is the yerely rent value thereof and in whose occupation are they or when you first knowe them were they Howe doe you knowe they were the Lands of the said William Parker had he them from the father or any other of his kindred or did he purchase them and of whome did hee occupie them himselfe or did he receive Rent for them and of whome and if you speake by relation of others of whome did you heare that you so saye in your answer and how long since
8. It'm Did you know the said William Parker in his life time or any other after his decease and who paye the said Annuitie or Rent Charge or any part thereof to the said Robert Sackett or to any other after his decease and how often and in what yeeres have you knowne the said Annuitie or Rent Charge or any part thereof to bee paid and whether were or was the same so paid wthout suite or uppon or after distresse or distresses taken for the same If uppon distresse or distresses so taken and whether was any Judgement had thereuppon or no If so in what Court and how long since

C21/S21/1 (fo. 5) Various Depositions to Paul Sackett's Interrogatories, 18 April 1639

Ex parte qued
Deposicons of Witnesses taken at the house of Thomas Tatum being the signe of the Rose in the Towne and Port of Sandwich in the County of Kent one Thursday the eighteenth day of Aprill in the Fifteenth yeare of the reigne of our Sovereigne Lord Charles by the grace of God of England Scotland France and Ireland King defender of the faith etc. Annogr Dim 1639 Before Thomas Bletchinden Esqr Mathew Peke and William Gibbon gent by vertue of his Maities Comisson out of his highe Court of Chancery of England to them and others directed for the examinacon of Witnesses in a cause there depending betweene Paule Sackett Complt and Edward Hubberd gent and others dfts and one the parte and behalfe of the said Complt

John Peke of the Precincts of Christchurch in the Citty of Canterbury gent aged twentie two years or there aboutes sworne and examined deposeth as followeth

To the first Inter' this dep't saith that he doth know the Complt Paule and hath knowen him by the space of three yeares or there aboutes and doeth know the Def'ts William Jones Symon Hurlstone and Henery Austine and hath knowne them and every of them by the space of three yeares but thother dfd's hee doth not know
To the sixt Inter' this dep't saith that he verily beleveth the said Robert Sackett in the bill menconed did by his last will and testement in writing gove and bequeath the said Annuity of sixe poundes a yeare in the bill menconed unto the Complt and the reason whye he beleveth the same is for that hee hath seene the exemplificon of the said will under seale and hath examined the same with the will it selfe remayning in the Registers Court at Canterbury and doeth farther say that the same exemplification now sheweth unto him is a tru coppy thereof

John Peke Junor

William Sacket of Ash next Sandwich in the County of Kent Maltster aged sixty two yeares or there aboutes sworne and examined desposeth as followeth

To the first Inter' this dep't saith that hee doeth know the Complt Paule Sackett the df'ts Edward Hubberd Symon Hurlstone William Jones and Henery Austen and hath knowen them and every of them by the space of seaven yeares and upwards but the other df'ts hee doeth not know
To the second Inter' this dep't saith that he doth know that William Parker in the Inter' menconed did in his life tyme graunt unto the said Robert Sacket in the Inter' menconed and his heires one Annuity or yearly rent of sixe pounds a yeare to be issuing and going out of all the lands and tenements of him the said William Parker in Ickham or else where in the County of Kent and that it is thirty years or there aboutes since the said Annuity was graunted
To the third Inter' this dep't saith that the said William Parker a little before the tyme of the granting of the said Annuity did tell this dep't that he was to have the three score pounds of the said Robert Sacket in the bill menconed and was to graunt an annuity out of his lands of sixe pounds ayeare to the said Robert Sacket for the same or to that effect and afterwards this dep'ts wiffe telling him the said William Parker her Cosin that he had let her husband adeere penny worth in the lands which hee then held of the said William Parker the said William Parker answered her this dep'ts wiffe in the p'sense of this dep't that he had adeerer penny worth from the said Robert Sackett for most part of the rent which hee this dep't did then pay to the said William Parker for the rent of his land he must pay unto the said Robert Sackett for the three score pounds he had of him the said Robert Sackett uppon which the said Annuity was graunted and he farther saith that he did not se the said three score pounds paid unto the said William Parker but he doth beleeive the same was paid unto the said William Parker for that he at other tymes then the tyme before menconed did heare the said William Parker acknowledge that he had receaved the same
To the Fowerth Inter' this dep't saith that hee doth know that the said William Parker was seissed in Fee of a Messuage or tenement Malthouse orchard garden and place lyeing in Ickham streete conteyning two acres more or less now or late in one Payners occupacon and of one parcell of land conteyning by estemacon sixe acres more or less in Ickham aforesaid called the Boules now or late in the said Payners occupacon and of a peece of land in Ickham aforesaid conteyning three acres more or less in a feild there called Trefary Feild and of one other peece of land in Trefary Feild aforesaid conteyning two acres more or less and of one other peece in Trefary Feild aforesaid conteyning also two acres more or less all which were at the tyme of the granting of the said Annuity or suddenly after in the occupacon of this dep't and sold by the said William Parker unto one Mr Hurlestone then Minister of Ickham and he farther saith that hee the said William Parker was then also seessed of one Messuage or tenement two orchards a place garden barne and stable conteyning by estimacon one acre and a halfe of land in Ickham aforesaid in a streete there called Brambling streete now in one Fayremans occupacon and of and in one parcell of pasture land in Bramling streete aforesaid conteyning by estimacon one acre and a halfe more or less and of and in two or three other parcells of land conteyning together by estemacon seaven acres more or less lying neere Brambling streete aforesaid and he beleveth and hath credibly heard that the Messuage or tenement lands and p'misses in or neere Brambling streete are now in the tennor or occupacon of the same Fayreman and were sold by the said William Parker unto one Charles Tripp Esqr & that the heires of the said Charles are now reputed owners of the same And also of one little & [?serne] land conteyning by estemacon halfe an acre in Ickham streete aforesaid also sold by the said William Parker unto the aforesaid Mr Hurlestone and also of one Tenement and aboute one acre of land in Brambling streete aforesaid of which the dft Henery Austen is now or late was reputed owner thereof And also of one house and Barne and a peece of land conteyning by estemacon one acre of land mor eor less lying in Wingham in the said County of Kent and in the occupacon of one John Jones or his assignes of which the dft William Jones is now reputed owner thereof
To the sixt Inter' this dep't saith that he verily beleveth that the aforesaid Robert Sacket did by his last will and testament in writing give and bequeath the said Annuity of sixe pounds ayeare in the bill menconed unto the Complt and the reason why he beleveth the same is for that hee hath seene the exemplification of the same will by which it was given under seale and hath examined the same exemplification with the will itselfe remayning in the Register Court at Canterbury and that the same exemplification now shewed unto him is a true coppy thereof
To the eighth Inter' this dep't saith that the said Robert Sackett in his life tyme was accounted an honnest man for ought that he this dep't ever heard to the Contrary and that hee doth beleve that the said Robert Sackett would not have willed the same Annuity to the Complt if it had binne discharged and he farther saith that hee this dep't was in the life tyme of the said Robert Sackett sent unto the said William Parker for the rent of the said Annuity and that he Did accordingly require the same of the said William Parker and that since the death of the said William Parker he doth know that the df'ts William Jones Symon Hurlestone Henery Austen and the now wife of the df't Hubberd have binne required to pay the said Annuity unto the Complt and every one severally answered that theyw ere willing to pay in and purchase out there severall partes according to there porcons of land if all the others would doe the like or to that effect and the wife of the said Mr Hubberd the df't being then a widdow answered shee would give Fifftie pounds for her part in the p'sense of Mr Harrison an atturny whoe read the Annuity unto her

William Sackett

Edmond Parboe of the towne and port of Sandwich in the County of Kent gent aged Seventie yeares or there aboutes sworne and examined deposeth as followeth

To the first Inter' this dep't saith that hee doeth know the Complt and the df't William Jones and hath knowne them and either of them by the space of twentie yeares and the other df'ts he dothe not know
To the second Inter' this dep't saith that he doth know that the said William Parker in the Inter' menconed did in his life tyme graunt seale and deliver unto the said Robert Sackett in the Inter' menconed and unto his heires one annuity or yearly rent of sixe pounds ayeare to be yssueing and going out of all his Messuages landes and tenements in Ickham in the said County of Kent and out of all his said other lands in the said County of Kent and that it is about Thirty yeares since the said deede and grant was made and that the same deede doth beare date the eight and twentieth day of Aprill 1609 and that [s-ssin] of the said rent was paid unto the said Robert Sacket thereupon by the delivery of Foure pence and he this dep'lt Clarke now dead did ingrosse the same and he this deplt and the said Edward Solly were witnesses thereunto & did subscribe theire names to the same and the deede now shewed unto me is the very same deede
To the third Inter' this dep't saith that he doth know that the said Robert Sackett did pay unto the said William Parker the some of threscore poundes in Consideracon of the said Annuity

Edmond Parboe

Henery Mesday of Ickham in the County of Kent Husbandman aged sixty five or there aboutes sworne and examined deposeth as followeth

To the first Inter' this dep't saith that hee doth know the Complt and the df'ts Henery Austen William Jones and Symon Hurlston and hath knowne then and every of them by the space of twentie yeares and upwards and he doth know the df'ts Edward Hubberd and Mr Bruer and hath knowne them by the space of Five yeares and upwards
To the second Inter' this dep't saith that he did know the said William Parker in the Inter' menconed in his life tyme and did dwell with him and serve him by the space of Five and twentie yeares together and doeth beleeve that the said William Parker did about thirtie yeares since graunt an annuity of sixe pounds for the same and Robert Sacket in the Inter' menconed and that the said Robert Sackett did pay unto the said William Parker the sume of three score pounds for the same and the reason why he beleeveth the ssame is because hee hath heard the said William Parker and the said Robert Sacket have Conference together conc'ning the same and for that he did see the said William Parker pay unto the said Robert Sackett one yeares rent of the said Annuity and hee taketh it to be the first yeares rent that was due for the same and the said Rent was payable out of all the said William Parkers Lands in Ickham in the County of Kent and out of all other his lands as he beleveth
To the third Inter' this dep't saith that he was not p'sent when the said some of threescore pounds was paid but he saith that he hath heard the said William Parker confess that he hath three score pounds of the said Robert Sackett in Consideracon of the said annuity
To the fouerth Inter' this dep't saith that about thirty yeares since being the tyme when he this dep't supposeth the said annuity was graunted hee doth know that the said William Parker seissed in Fee and held as his owne Messuage or tenement two orchards and barne one stable a garden and yard conteyning by estemacon one acre and an halfe of land more or less and of one peece of pasture land conteyning one acre more or less and also of divers severall parcells of errable land by estemacon neere nyne acres of land more or less all which said Messuage lands and p'misses before in this Deposicon menconed are sett lyeing and being in Ickham aforesaid in and neere to a place Called Brambling and now in the oocupacon of one John Fayreman or his assignes and he saith that the heires of Charles Tripp deseased are now reputed and taken to be owners of the same for that the dft Mr Hubberd doeth now lett and dispose of them and soe supposeth that the same lands are now lett at the yearly rent of Foureteene pounds And he this dept farther saith that hee doeth also know that the said William Parker was at the tyme in this deposicon first menconed seissed in Fee and held as his owne one little Tenement and halfe an acre of land in Brambling streete aforesaid and that the same is now in the occupacon of one Widdow Trupps and that the dft Henery Austen or his Brother Richard Austen are now reputed owners thereof and that the same is of the yearly value of Fortie shill' and is soe rented and also of one Messuage or Tenement Malthouse orchard garden yard barne and stable and one the little tenement and div's severall parcells of lands errable and pasture lyeing in or neere Ickham streete & in a great Feild neere the same streete conteyning together by estemacon twelve or thirteene acres more or less now in the occupacon of Widdow [?R]ayner or her assignies and that the dft Bruer is now reputed owner of the same lands and p'misses in Widdow [?R]ayneres occupacon and that the same is of the value of sixteene pounds or there aboutes and also one tenement in Ickham streete aforesaid in the occupacon of Widdow Steede or her assignes of the value of thirty shill' ayeare or there aboutes but whoe is reputed owner thereof he knoweth not and also of one Tenement orchard Barne stable and peece of land conteyning by estemacon one acre more or less lyeing in Wingham in the said County now in the oocupacon of one Jones and the dft William Jones is reputed owner thereof and that the same is of the value of seaven pounds ayeare or there aboutes
To the eight Inter' this dep't saith that hee did very well know the said Robert Sackett in his life tyme and that he was reputed in the Country where hee lived a very honest man and he doth hereby beleeve in his Conscience that Hee would not have given the same annuity unto the said Paule Sackett the Complt if it had not binne Justly due unto him the said Robert and had not rested in his the said Robert Sackets hands undischarged

Henery Mesday

Paule Parker of Ickham in the County of Kent yeoman aged Forty sixe yeares sworne and examined deposeth as Followeth:

To the first Inter' this dep't saith that he doethe know the Complt and the df'ts Henery Austen William Jones Symon Harlestone and eny of them by the space of Foureteene yeares or there aboutes but the df't Mr Bruer he doth not know but late heard of him
To the second Inter' this Dep't saith that hee is the sonne of the said William Parker in the Inter' menconed and doeth beleeve that the said William Parker did make seale and deliver as his act and deede one annuity or yearly rent of sixe poundes ayeare to be yssuing and going out of all his lands and tenements in Ickham in the County of Kent or else where in the said County unto the said Robert Sacket in the Inter' menconed for that he hath offten seene the said Robert Sackett and his sonns come to the said William Parker for rent and for that hee hath since the death of the said William he this dep'ts Father seene anoate in writing of his Fathers owne hand writing purporting all or the most part of his the said William Parkers debts which hee owed and what the sumes were and to whome and by what security and that a debt of threescore poundes owing to the said Robert Sacket was specified in the same noate and that hee had an annuity out of all his lands for security thereof or to that effect
To the third Inter' this dep't saith that he doeth believe there was the some of threescore pounds paid by the said Robert Sackett unto the said William his father but knoweth it not noe otherwise then in his former deposicon he hath expressed
To the Fowerth Inter' this dep't saith that hee doeth know that his Father William Parker was seissed of div's lands and tenements in Ickham & Wingham but weather it were before or affter the annuity granted he cannot certainly remember
To the eight Inter' this dep't saith that hee did very well know the said Robert Sackett in the Inter' menconed and that he was reputed a very honest man and hee doeth verrily beleeve that the said Robert Sackett would not have given away by his will the said Annuity of sixe poundes a yeare if the same had not been in force and undischarged

Paule Parker
Tho: Belchymen
Mathew Peke

Inter
Sackett quer
Hubbord et als dfd
Tho Blechywen Mathew Peke
10 die May 1639
[?in faomtt of acol?]
Theo burne
John Page

C33/176 (fo. 482) Decrees & Orders Book (1639, Easter Term)

Sackett & Hubbert etc.
13 May
If the def show noe Cause for stay of publ' by thisday senight [i.e. seven nights, week] then publ' is gaunted [granted]

Sources:
Sackett v. Hurleston (1638), proceedings in the Chancery Court, London (National Archives, researched by Marion Sackett).
Sackett v. Jones (1638), proceedings in the Chancery Court, London (National Archives, researched by Marion Sackett).