Sackett v Haite

Proceedings in the Chancery Court, London, 1677–1684

Summary

Action brought by Jeffery Sackett (1617–1695) of Sandwich, Kent, against his stepson, William Haite, for the costs of William's maintenance. Jeffery's second wife, Elizabeth Haite, had been granted an annuity by her first husband, Simon Haite. Simon also left a substantial farm and lands to his sons. Upon marriage, Jeffery Sackett consented to a bond in favour of Elizabeth and her sons, to be activated should he predecease her or them. For his part, Jeffery was to be entitled to recompense for the maintenance of Elizabeth's minor sons, to be paid from rents and profits accruing from Simon Haite's estate. Distrust that Jeffery would honour his bond led to rows about the payment of the maintenance money. The first stepson, Richard Haite, died young. Both Elizabeth and her son William left the family home, complaining of Jeffery's cruelty. Elizabeth predeceased Jeffery and, following her death, Jeffery Sackett and William Haite continued their legal battle in the Chancery Court.

C5/550/4 (fo. 1) Bill of Complaint of Jeffery Sackett 30 May 1677

30 May 1677 Parkyns

To the Right Honoble [Heimage?] Lord Firth Baron of Daventry Lord High Chauncellor of England

Humbly Complaineinge sheweth unto yor Lord-pp your dayly Orator Jeffery Sackett one of the Juratts of the Towne and port of Sandwich in the County of Kent That whereas about [gap] yeares since there was a Treatye of marriage betwixt yor Orator and one [gap] Haite widdow then late wife of [gap] Haite deceased by whome the said [gap] Haite had then William Haite and sev-all other Children liveinge to whome theire said Father left a sufficient Reall and p-sonall estate to keepe and maintaine them and is since come to theire or one of theire uses, It was upon the said marriage amongst other things concluded and Agreed that your Orator should be paid and satisfied for the keepinge and bringeinge up of the said William Haite and other the said Children And thereupon shortly after the said Marriage tooke effect And for many yeares since the sd marriage yor Orator hath kept and brought up the said William Haite and other the said Children with meate drinke Apparrell washinge Lodgeinge schoolinge and other necessaries to a very great charge ... ... But soe it is may it further please yor Lord-pp That the said William Haite beinge yett under the Age of one and Twenty yeares, for the space of these five yeares Ending in the moneth of August 1673 or thereabouts haveinge beene kept and Maintained in Meate Drink Apparrell washinge Lodgeinge schoolinge and other necessaries by yor Orator and att his charge to the value of the sume of Seaventie and two pounds att the least and not beinge paid the same or any p-te thereof by the same William Haite or any other p-son on his behalfe but the same William Haite denyinge and refuseinge to pay and satsfie yor Orator for the same yor said Orator hath thereupon lately sued the said Willm Haite att Com-on Law in the Court of Kings Bench att Westminster in an Action upon the Case upon an Assumpsit [promise] for Recompence and Satisfaction thereinto which the said William Haite appeareinge by his Gardian Robert Seyman late of the Citty of Canterbury wheele right and pleadinge the Genall Issue, the said Cause is att Issue and ready for Triall And soe it is may it alsoe please yor Lord-pp that the said William Haite & Robert Seyman seeking and endeavoureing to Avoid the paymt to yor Orator for his said Diett Apparrell washinge Lodgeinge Schoolinge and other necessaries to the value aforesaid and Combininge and Confederatinge themselves together with some other of the Freinds or Allies to the said William Haite & Robert Seyman or [gap] Sackett ... Mother of the said Willm Haite unknown to yor Orator but well knowne to the said Willm Haite & Robert Seyman (whose names when they shall be discovered yor Orator prays may be incerted into this Bill and they made Defendts thereto with Apt words to charge them) The said Willm Haite & Robert Seyman doe now p'tend and give out in speeches that yor said Orator upon the said Marriage did enter into some ... ... Bond or Articles in writtinge under his hand and seale to some one or more of the said p'sons Freinds or Allies as aforesaid with some Condic-on or Covent on the p'te and behalfe of yor Orator to be p'formed thereby setting forth & declareing how and in what manner yor Orator should be paid and Satisfied for the said Diett Apparrell washinge Lodgeinge schoolinge and other necessaries of the said Willm Haite and other the said Children And that yor Orator should not require or demande paymt for the same of the said Willm Haite or other the said Children or any of them but should Acquitt and discharge the said William Haite and other the said Children thereof or to some such purpose or effect, And threatens to put the said Bond or Articles in Suite agt yor Orator for sueinge him att Com'on Law as aforesaid And by such shifts and Devices the said Willm Haite & Robert Seyman intend to shift off the paymt of the just dues of the sd Willm Haite and to lay the burden thereof on yor Orator whereas in truth and as is well knowne to the said Willm Haite & Robert Seyman and other the said Confederates or some of them That the said Willm Haite and other the said Children have beene Cept and Maintained all alonge by yor Orator as aforesaid And that if any such bond or Covent were made or entred into by yor Orator as is p'tended (wch yor Orator doth not now remember but is wholey Ignorant therein nor hath he any Coppye Counterpart or Memoriall thereof but the same is concealed and kept close & privately from yor Orator) there is thereby some p'vision made for yor Orators Satisfaccon in the p'misses as would appeare if the same were p'duced with which yor Orator would rest satisfied and contented Now forasmuch as the said Willm Haite & Robert Seyman and other the said Confederates doe deny and refuse to discover the trueth in the p'misses and what the said bond and Condicon thereof or any such Covent as is p'tended if any such bee doe containe and what are the effects whole contents and substance thereof or to shewforth and p'duce the same or to give your Orator true Coppies thereof wch said doeings and dealings of the said Willm Haite & Robert Seyman and other the said Confederates wch yor Orator in the p'misses are contrary to all Equitye and good Conscience and tend to yor Orators greate Damageand p'iudice for which yor Orator hath noe remedie att Com'on Law for want of the certaine Dates and contents thereof And therefore yor Orator is most p'perly here before yor Lord-pp to be releived in all the p'misses by the usuall Justice and Assistance of this Hono'ble Court In Tender Consideracon whereof and to thentent therefore that the said Willm Haite & Robert Seyman and other the said Confederates when theire names shall be discovered and they made Defendts to this Bill with apt words to charge them may discover the trueth in the p'misses and what reall or p'sonall estate the said [gap] Haite the Father leaft to or amongst his said Children and for what ends and purposes and to what yearely or other value and wherein the same did consist and where the same or any p'te thereof now are or is or doth lye and how longe the said Willm Haite hath been kept and maintained by yor Orator and with what necessaries and what Bond with Condicon thereupon or other Covent Articles or Agreemt in writtinge yor Orator made or entred into upon the marriage with the said [gap] Haite & to whome and what are the Dates and contents thereof And to thend likewise that your Orator may be some way or other paid and satisfied for the Diett Apparrell washinge Lodgeinge Schoolinge and other necessaries bestowed and laid out upon the said Willm Haite and other the said Children as aforesaid as yett due and unpaid to yor Orator and may be releived in all the p'misses according to Equity and good Conscience May it please yor Lord-pp the p'misses considered to grant to yor Orator his Ma'ties most Gracious writt or p'cesse of Subna agt the said Willm Haite & Robert Seyman thereby Com'andinge then & every of them att a certaine day and under a certaine paine thereunto be limitted p'sonally to be and appeare before yor Lord-pp in his Ma'ties high Court of Channcery att Westminster then and there to Answere the p'misses and stand to and Abide such further Order and Decree therein as to yor Lord-pp shall seeme to Agree with Equity and good Conscience And yor Orator shall ever pray & c

Crayford                                                   Tho: Hardess

C5/550/4 (fo. 2) Answers of Seyman & Haite 22 June 1677

Rob'tus Seyman jurat 22 die Junij 1677 pro se Marsham et vt guardian & Will'o Haite infan' assignat poid Cur tora nie

The ioynt and severall Answers of Robert Seyman and William Haite an Infant under the age of one and twenty yeares by the said Robert Seyman his Uncle Guardian and next Freind Defendants to the Bill of Complaint of Jeffery Sackett Complainant

The said Defendants and either of them saving unto themselves and to either of them now and att all times hereafter all advantages and benefitt of excepc'on to the manifold incertainties insufficiencies and other the imperfections in the said Bill of Complaint for answer thereunto or unto soe much thereof as is materiall for or any way concerneth them these Defendants or either of them to make answer unto ioyntly and severally say That they these Defendants and either of them doe beleeve and take it to be true that in or about the month of September in the yeare of our Lord God one thousand six hundred sixty and nine there was a treaty and an agreemt of marriage betwixt the said Complainant and this Defendant Williams Mother then Elizabeth Haite of Lynstead in the Countie of Kent widdowe and that the said marriage afterwards tooke effect But these Defendants or either of them doe not know or beleeve that it was upon the said marriage or att any other time agreed that the said Complainant should be paid or satisfied for the keepeing or bringing upp of this Defendant William or any of the Child or Children of the said Elizabeth otherwise then as is herein after sett forth or that there ever was any conclusion or agreemt upon or by meanes of the said marriage betweene the said Complainant and the said Elizabeth then as followeth (that isto say) The said Complainant upon or about the sixth day of September Anno D'm one thousand six hundred sixtie and nine Did enter into an obligac'on of three hundred pounds of lawfull money of England beareing date the said sixth day of September Anno D'm one thousand six hundred sixtie and nine unto Richard Crippen then of Bobbing in the said Countie of Kent Maltster since deceased condic'oned as followeth The Condic'on of the within written obligac'on is such That Whereas by the permission of Almighty Gos a certaine marriage is shortly intended to be had and solempnized Betweene the within bounden Jeffery Sackett and one Elizabeth Haite of Lynstead in the Countie of Kent widdowe And whereas It is covenanted and mutually agreed betweene the said Geofry Sackett and the said Elizabeth Haite and the said Richard Crippen on the behalfe of the said Elizabeth Haite that if the said intended Marriage shall take effect betwixt them and hee the said Geofry Sackett depart this naturall life that in considerac'on of what estate hee will be intituled to be the intermarriage Hee shall by his Executors or Administrators order and secure one hundred pounds of good and lawfull english moneys to be paid unto her the said Elizabeth Haite if shee soe long live or in case of her decease before That then the said one hundred pounds shall be paid unto Richard Haite and William Haite her sons and heires And whereas It is alsoe agreed that in considerac'on of the rents yearelie interest moneys and meane proffitts of the estates of the said Richard Haite and William Haite her said Sonnes the said Geofry Sackett in case the said marriage shall take effect shall allowe unto them the said Richard Haite and William Haite sufficient meate and drinke and apparell and necessary lodginge washinges and schooleing untill they accomplish their severall ages of one and twenty yeares without any accompte or demand for the same other then the considerac'on aforesaid Nowe if the said Marriage shall take effect and the said Geofry shall allowe unto the said Richard Haite and William Haite their necessary dyett apparell and schooleing as aforesaid dureing their minority without anie other considerac'on or demand of satisfacc'on for the same other than the meane proffitts of their said estates and shall fully discharge them of the same and if the executors or administrators of him the said Geofry Sackett att the time of his decease shall well and truely pay or cause to be payd unto the said Elizabeth Haite the said sume of one hundred pounds or in case shee dye before the same shall be well and truely paid to the said Richard Haite and William Haite her said sons and every the aforemenc'oned agreement on the parte of the said Geofry to be performed happen to be performed and kept That then the within written obligac'on to be void and of none effect or else to remaine in full force and vertue & c As in and by the said Obligac'on and the condic'on thereof under the hand and seale of the said Complainant which these Defendants are ready to produce as this Honourable Court shall award whereto for more certainty herein these Defendants referre themselves more att large it doth and may appeare And these Defendants and either of them doe deny that the said Complainant to their or either of their knowledge or beleefe ever keepe or bringe upp or maintaine this Defendant William or any Child or Children of the said Elizabeth with meate drinke apparell washing lodginge schooleing or other necessaries any longer then he received the reall and personall estate That the said Defendant Williams Father deceased left him and them Which as the said Complainant hath sett forth in his said Bill (as the truth is) was and is sufficient to keepe and maintaine him and them And these Defendants and either of them say that the said reall estate beinge twoe Messuages and Fifteene acres of land or thereabouts was and is of the value of twoe and twenty pounds per annum or thereabouts and lyes in Lynstead aforesaid but of what value the said personall estate was or is or wherein the same consists or where the same is these Defendants or either of them know not neither doe these Defendants or either of them know how long the Defendant William was kept maintained by the Complainant or with what necessaries But these Defendants and either of them say that true it is that the sayd Complainant Did (though as these Defendants take it and are advised without any reason or colour therefore) lately sue this Defendant William att Com'on Lawe as in the said Bill is sett forth And that this Defendant William by the other Defendant Robert his Guardian did appeare to the said Suite and pleade the generall yssue and that the said cause is and was longe before the exhibiteing of the said Complainants said Bill att yssue and ready for Tryall but for more certainty herein these Defendants referre themselves to the Records thereof And these Defendants and either of them say that the said Complainant as these Defendants were informed by the said Defendant William his Attorney att Lawe in the said suite Did longe before the exhibiteinge of the said Complainants said Bill give notice of Tryall of the said Suite But upon sight of the said Obligac'on and the Condic'on thereof the said Complainant Did not trie the said yssue in the said suite att Lawe beinge satisfied as these Defendants beleeve that the said Suite would goe against him And these Defendants and either of them Doe denye all and every the combinac'ons and confederacies wherewith they or either of them are any way charged in or by the said Bill of Complaint or that these Defendants or either of them Have threatned to putt the said Obligac'on in Suite against the said Complainant And these Defendants and either of them doe deny that the said Obligac'on and the Condic'on thereof or either of them is or ever was concealed or kept close or private from the said Complainant or that these Defendants or either of them Did ever denye or refuse to discover the truth of or in the p'misses And these Defendants and either of them say that the said Obligac'on and Condic'on were produced and showne to the said Complainant and to his Attorney att Lawe in the said Suite att Lawe longe before the exhibiteing of the said Complainants said Bill of Complaint Without that that or any other matter or thinge whatsoever in the said Bill of Complaint contayned materiall or effectuall in the Lawe for them these Defendants or either of them to make answer unto and not herein before sufficiently answered unto confessed and avoided traversed or denyed is true to the knowledge of them these Defendants All which matters and things these Defendants are ready to averre and prove as this most Honourable Court shall award and humbly praye to bee hence dismissed with their ... Costs in this behalfe wrongfully susteyned.

Tho: Turner

C33/248 (fo. 559v) Decrees & Orders (1676-77)

Veneri 22do Junij [i.e. Friday 22 June 1677]

Galfr'us Sackett & Rob't Seyman & Wm Haite Infans Def

Whereas the s'd def't the infant came this day p'sonally into Court & desired the s'd other def't Robt Seyman his Uncle may be assigned his Guard' by whom he may be enabled to answer & defend this suite This Coert doth order the same accordingly

S Mr Rot. Child Cooke

C6/248/21 (fo. 1) Bill of Complaint of Jeffery Sackett 20 November 1682

20o Novembr 1682
Garth C20

To the Right Honoble [?Henvage] Earle of Nottingham Lord high Chanceller of England

Humbly Complayning showeth unto yor Lordpp yor Orator Jeoffry Sacket of the Towne & Port of Sandwich in the County of Kent gent That hereas about thirteene yeares since your Orator entred into a treaty of Marriage with Elizabeth Hayte then the Widdow & Relict of Symon Hayte of Lynsted in the County aforesaid yeoman deced wch said Symon Hayte being seised in his demeasne as of Fee Simple of and in One Messuage or Tenemt the Barne Stable Outhouses Ediffices & buildings to the same belonging and of foure Orchards three Gardens and three peices or p'cells of Arrable Land containing by Estimac'on twelve Acres more or lesse with Thappurten'nces situate lyeing & being in Lynstead aforesaid & of the yearely value of Forty pounds p' ann' at the least did by Indrer duely executed bearing date on or about the fifth day of May in the yeare of our Lord One thousand six hundred Fifty five by way of Joynture for the said Elizabeth give grant & confirme unto Thomas Fearne of Milstead in the said County gent and Richard Seaman of Frenstead in the said County yeoman one Annuity or yearely rent charge of Tenn pounds p' ann' to be issuing out of the said Messuage or Tenemt Orchards Gardens Lands & p'misses with their appurten'nces To have & receive the same for and during the naturall life of the said Elizabeth Hayte but in trust only & for the sole and p'per use & [?behoofe] of the said Elizabeth in case she happened to survive & overlive the said Simon Hayte & the said Simon Hayte abt seventeene yeares since dying leaving Richard Hayte & William Hayte his onely Sonnes & heires the said Elizabeth Hayte for many yeares after his death rec'ed her said Annuity of tenn pounds p' ann' & alsoe all the residue of the p'fitts and rents of the said Messuage Lands & p'misses amounting at the least to thirty pounds p' ann' the said Messuage or Tenemt lands & p'misses after the death of the said Simon Hayte descending & coming unto the said Richard Hayte his sonnes as heires in Gavelkind with all which the said Eliz. Hayte acquainted yor Orator wth pre yor Orator said treaty with her abt their Intermarriage She being desirous that ther said two Sonnes might live with this defendt after the said Elizabeth & yor Orators Intermarriage & agreeing that yor Orator should after their sd intermarriage during the life time of the said Eliz receive the aforesd Annuity of Tenn pounds p' Ann' granted to the sd Thomas Fearne & Richard Seaman as aforesd & alsoe for that yor Orators recompence & satisfacc'on of the said Richard Hayte & William Hayte living with & his p'viding for them your Orator for long as they should live with him should take & receive to his owne p'per use & behoofe the residue & overplus of the p'fitts of the said Messuage lands & premisses your orator for these Reasons & not other wise was indured to enter into a certaine writing obligatory of the penall sume of Three hundred pounds of Lawfull money of England unto Richard Crippen then of Bobbing in the county aforsd yeoman since dec'ed conditioned as followeth That whereas a Marriage is by the p'mission of xx Almighty God shortly intended to be had & solempnized betweene the within bounden Jeofry Sacket & one Eliz. Hayte of Lynstead widdow And whereas it is covenanted & mutually agreed betweene the said Jeoffry Sacket & the said Elizabeth Hayte & the said Richard Crippen on the behalfe of the said Elizabeth Hayte that if the said Intended marriage shall take effect betwixt them & he the said Jeoffry Sacket depte to this [life] that in consideracon of what estate he will be intituled unto by the said marriage he shall by his Ex'ors or Admrs order & secure one hundred pounds of good & lawfull English money to be paid unto her the said Elizabeth Hayte if she soe long live or in case of her decease before that then the said one hundred pounds shall be paid unto Richard Hayte & William Hayte her sonnes & heeres And whereas it is alsoe agreed that in considerac'on of the Rents yearely Interest moneyes & meane p'fitts of the Estates of the sd Richd Hayte & Will'm Hayte her said sonnes your Orator in case the said marriage shall take effect shall alowe unto them sufficient meate drinke & apparell & necessary lodging washing & Schooling untill they accomplish their sev'all ages of one & twenty yeares without any acct or demande for the same other then the considerac'on aforesaid If therefore the said marriage shall take effect & yor Orator shall allowe unto the said Richd Hayte & Will'm Hayte their necessary dyett aparell & schooling as aforesaid during their minority without any other consideracon or demand of satisfac'on for the same other than the meane p'fitts of their estates & shall fully discharge them of the same & if the said Exectrs or Admrs of yor Orator at the time of his decease shall well & truely pay or cause to be paid unto the said Elizabeth the said sume of One hundred pounds & in case she dye before the sum shall be well & truely paid to the sd Richard Hayte & Will'm Hayte her sonnes & every of the aforemenc'oned agreemts shall happen to be p'formed & kept then the sd writing Obilgatory thereunto annexed could your Orator p'duce the same would more fully & at large appeare And whereas yor Orator & the said Elizabeth quickly after the date of the said writing Obligatory intermarried by vertue whereof as well by the agreemt aforesaid your Orator was intituled & ought to have had & rec'ed the aforesaid Annuity of tenn pounds p' ann' wch was the said Elizabeths Joynture untill the time of her death which happened but abt Midsum'er last & the said Rich'd Hayte by the space of Eight yeares & your Orator in discharge & p'formance of his agreemt aforesaid having carefully & duely p'vided for them respeccively during all the time aforesd sufft & necessary meate drinke apparell washing lodging & schooling & whatsoer else was fitting & convenient for them your Orator ought in Equity & good Conscience to have had & rec'ed to his owne proper use & behoofe all the rest & residue of the rents issues & p'fitts of the said messuage or Tenmt Lands & p'misses acrewing and for the sev'all yeares wherein as aforesaid they lived with him & he p'vided for them the rather for that yor Orator by his Agreement aforesaid hath debarred himselfe of all legall remedy for the recovery of the same at law But now soe it is may it please yor Lord'pp that the said Eliz: your orators said wife & the said Richard Hayte & William Hayte her sonnes Although in their owne Consciences they well know the truth of the premises yet combineing & confederating with the said Thomas Fearne & Richard Seaman dec'ed in their lives time & with John Fearne Execr or Administrator of the said John Fearne & with Robert Seaman Execr of the said Richard Seaman & with Eliz: his wife as alsoe with Edward Turner of Lynstead aforesaid yeoman who at first had notice of the said agreemt aforesaid & allalong hath beene & still is Tennt to the said Messuage or Tenemt Lands & premisses at the yearely rent aforesaid & by the combinac'on & confedracy aforesaid intending & designing to deceive & defraud your Orator in the p'misses things have beene soe managed betweene them that yor Orator hath not ever since his said Intermarriage rec'ed one penny of the said Annuity or any of the rest & residue of the rents issues & p'fitts of the said messuage or Tenemt Lands & premisses for or towards his recompence or satisfac'on for his p'viding for the said Richard & William Hayte or either of them as aforesaid And the confedrate Edward Turner although he hath often in friendly manner beene requested by yor Orator to pay his rent to yor Orator & forewarned not to pay the same yet hath he not only refused to pay yor Orator but either hath not paid the same to any body or else hath paid the same to some or one of the sd Confedrates or some other by their or one of their ordr & to p'vent yor Orator from seeking his remedy by Law to recovr the same they the said Confedrates have hitherto & still doe refuse to discovr wt rents or p'fitts of the same they or either of them have rec'ed & conceale & refuse to deliver to yor Orator the Deed whereby the sd Annuity was granted to yor Orators said Wife or to let yor Orator have the [grand?] writings of the sd Messuage Lands & p'misses whereby yor Orator might make a title to the sd Richard Hayte & Will'm Hayte & that the same doe belong to them or to let yor Orator use the said John Fearne & Richard Seaman their names without which yor Orator could not as he is advised sue for the same at Law & the more to vex & oppress your Orator the sd Will'm Hayte thro: the confedracy aforesaid hath lately affirmed agt your Orator in his Ma'tyes Court of Kings Bench at Westmr a Plaint in the nature of an Acc'on of debt upon a bond of 300li & upon yor Orators appearance & putting in bayle thereto threatens as Admr to the sd Rich'd Crippen to declare against your Orator upon the sd writing obligatory & to p'ceed to a speedy tryall verdict & Judgemt therein & to recovr the whole penalty thereof whereas in truth & as is very well knowne to the sd confedrates in their Conscience your Orator ought not to pay one penny of the same or if he ought that the sd Wm Hayte & the rest of the Confedrates ought to come to an Acct with yor Orator for the sd Annuity during the life time of your Orators said wife as alsoe for the residue of the sd rents & p'fitts of the sd p'misses for those yeares your Orator found the sd Rich'd Hayte & Will'm Hayte necessarys as alsoe that if anything be done to the sd Will'm Hayte upon the sd bond there is not due above the sume of Fifty pounds at the most for that the sd Rich'd Hayte dyed long before yor Orators said wife & the better to colour their [?vuinst] p'ceedings herein wth your Orator the sd confedrates some times p'tend that your Orators said Wife had noe such or other Annuity granted unto her by the sd Simon Hayte as is before set forth or if she had that the same was cancelled burned or destroyed long before your Orators Intermarriage whereas in truth the said Confedrates or the greatest p'te of them know that the same was in full & being long since that time that your Orators said wife either had it all her life time or else put it into the hands of the said Confedrates or some of them or of some others in trust for her or her said children All wch doeings & dealings of the sd Confedrates with your Orator are contrary to all equity & good conscience & tend very much to your Orators p'udice unlesse releived by the aid & assistance of this honoble Court where matters of this nature are most p'perly [ex Liable?] they concerning matters of discovery & account & releise agt the penalty of a bond releise agt wch your Orator hath none by the strict Rules of the Com'on Lawes of this Realm for want of such p'cise p'ofe as is there requisite your Orators witnesses wch should p've the truth of the p'mises being either dead or in partes remote & altogether unknowne to your Orator In tender considrac'on whereof & to the end & intent that the sd Confedrates & every of them may upon their Corporall oathes declare the truth of their sev'all knowledges in the p'misses & that they either & every of them may sevrally declare & set forth whether the said Symon Hayte did not grant to the said Elizabeth your Orators late wife such Annuity or yearely charge of tenn pounds p' ann' as is before set forth or some other  & what & whether she did not receive the same during her widdowhood & whether they some or one of them doe not know where the said Ind're by which the said Annuity was granted is or at any time since yor Orators Intermarriage wth the sd Eliz: hath beene & whether they some or one of them have not since that time seene the same in full force undefaced & uncancelled & when & how often & where they or either of them soe saw it & in whose Custody the same then was & how & upon wt occasion they either or any of them came to see it & wt attempts they or either of them doe knowe have beene for the burning or otherwise destroying of it & why for what reason & by whome when & where was the same attempted to be done & whether they some or one of them doe not knowe orhave heard of the agreemt made betweene your Orator & the said Elizabeth his late wife before their Intermarriage & wt the same was & p'ticulerly whether they some or one of them did not know or hath not heard your Orators said late wife or some others confesse & declare & who & when where & upon wt occasion that your Orator was to enioy the said Annuity & to have the residue of the p'fitts & rents of the sd Messuage Lands & p'misses yearely for his recompence & satisfacc'on for p'viding for the sd RichardHayte & Wm Hayte her sonnes & of wt yearely value the same Messuage Lands & p'misses are or have beene & that the said Edward Turner may set forth what p'te of the rent for the same he hath paid to any one & whome & for whose use since your Orators intermarriage & may show Cause if he cann why he hath not & yet should not pay it to your Orator & whither he did not knowe or had not notice of the Agreemt aforesaid & that the same did of right belong to your Orator & that the sd Confederates either & every of them may set forth wt rents issues & p'fitts of the p'misses they either or any of them or any others to their either or any of their knowledge or by or wth their either or any of their orders privity or consent have at any time rec'ed since your Orators Intermarriage & may pay the same to your Orator & whether the said Will'm Hayte doth not sue your Orator in such manner as is before set forth or some other & wt & whether your Orator did not enter into the said bond upon the agreemt aforesd or upon wt other agreemt & that the said Confedrates may as true p'fect & p'ticuler answere make to all & singular the p'ticulers of this bill as if they were herein against repeate p'ticulerly & may come to a faire Account wth your Orator for the meane p'fitts of the p'misses & your Orator be releived in all & singular the p'misses & in the meane time all further p'ceedings at Law may be stayd May it please your Lord'pp to grant unto your Orators his Maties most gratious writt or writts of spa' to be directed to the said William Hayte Robert Seaman & Eliz: his wife John Fearne & Edward Turner thereby comanding them at a certaine day & undr a c'taine paine therein to be limitted p'sonally to be & appeare before yor Lord'pp in this High & honoble Court of Chancery to answere all & singular the premisses & to stand to and abide such Order & direcc'on therein as to your Lord'pp shall seeme meet And your Orator shall pray etc.

Jo: Thurbarne

C7/303/39 (fo. 1 & 2) Version in note form of Jeffery Sackett's Complaint 2 November 1682

[fo. 1]

[A narrow strip of Latin written in Chancery Hand endorsed in Latin & with names James Jones & Michael Finch]

[fo. 2]

[Version of Jeffery Sackett's Complaint in note form]

2o Nov: 1682 [?Earcy]

To the right honable hineage Earle of Nottingham Lord high Chancellor of England

Humbly Complaining Sheweth unto y'r Lo'pp y'r or'r Jeoffery Sackett gen' that abt 13 yeares since y'r or'r entred into a treaty of Marryage with Eliz Hayte the Widdow of Symon Hayte who was seized in Fee Simple of & in one messuage or Tenemt with appurt of the vallue of 40£ p' ann' by Ind're [eat..?] 1655 by way of Joynture for the sd Eliz did grant unto Tho Fearne & Richard Seaman an Annuity of 10£ p' Ann' & alsoe the residue of the p'fitts of the p'misses Amounting to att least 30£ p' Ann' Wch the sd Eliz acquainted y'r or'r with & after the sd marryage tooke effect & the sd Eliz being desireous her 2 Sonnes Richard & Will'm might live with her yr orr in considac'on thereof was to have the sd Annuity of 10£ p' Ann & the rest & residue of the rents & p'fitts of the sd p'misses to his [owne] p'p use & beleefe & for these reasons yr orr was induced to enter into a bond of 300£ penalty to p'vide for the sd Richard & William sufficient meate drinke washing & lodging & sufficient Apparrell untill they should attaine their sev'all Ages of 21 without any demands for the same & by vertue thereof y'r or'r was intituled to the sd Anuity of 10£ p' Ann' & ought to receive the rent & p'fitt off the sd p'misses untill the death of the sd Elizabeth wch hap'ned about midesomer last the sd Richard liveing with y'r or'r by the space of 5 yeares & the sd William by the space of 8 yeares & yr orr haveing p'vided what was fitting & convenient for them But the sd Richard & William Hayte confed'ateing with Thomas Fearne & Richard Seaman in their lives time & with John Fearne Extor of the sd Thomas & with Robert Seaman Extor of the sd Richard & with Eliz his wife as alsoe with Edward Turner & doe defraud y'r or'r in the p'misses things have bin soe managed between thm tht y'r or'r hath not ever since the sd Intermarriage reced one penny of the sd Annuity of 10£ p' Ann or any of the p'fitts of the p'misses & the sd Turner being tennt to the p'misses refuseth to pay his rent to y'r or'r & conceale from y'r or'r the Deed Whereby the sd Annuity was granted & the sd Will'm Hayte hath lately putt the sd Bond in Suite agt y'r or'r & intends to recover the whole penalty thereof yett refuses to pay y'r or'r one penny of the sd Annuity or come to an Accompt for the p'fittes of the p'misses wch doeing are contrarie to Equity & c tht as y'r or'r may bee releived in the p'misses may itt please yr Lo'pp to grant unto yr orr his ma'tyes most gracious Writt of Sub'a to bee directed to the sd William Hayte Robert Seaman & Eliz his wife John Fearne & Edward Turner thereby comanding them & c

John [T...?]

C33/260 9 (fo. 58 dors) Decrees & Orders 20 November 1682

Lune 20 Nov [i.e. Monday 20 November 1682]

Galfrid' Sackett g' Will'm Hayte et al Deftes

Upon moc'on this day made unto this Court by Mr Wogan being of the plis' Counc' Itt was alleadged that the pli' hath Exhited his Bill into this Court agt the sd Defendt to be releived for the cures therein contained but the Defendt Hayte doth abscond himselfe soe as he cannot be found to be served with processe of this ... Court as by [Asflt?] appeared and yet in the meane time p'secutes the pli' at Law for the cures in the Bill contained itt was therefore prayed that leaveing a spa' with the Defts Attorney at Law may be deemed a good service of the sd Deft which is ordered accordingly

C6/248/21 (fo. 2) Answers of Haite & Seaman 2 December 1682

Omnes Jurat 2o Decembrij 1682

dir Marsham
Wm Benesham

The joint and Several Answeres of William Haite Robert Seaman and Elizabeth his wife three of the defts to the bill of complaint of Jeoffry Sackett gen' compt'

These Def'ts Saveing to themselves now and att all tymes hereafter All and all manner of Advantage and benefitt of Excepc'on to the manifold uncertentys insufficiencies untruthes and other defects in the said bill of Complaint conteyned for Answere thereto or for much thereof as is any wayes materiall for them these defts or either of them to make a Answere unto They Severally Answere and say that they doe beleive itt to bee true that about the time in the bill for that purpose mentioned the Compl't did enter into some treaty of marriage with Elizabeth Haite then the widdow and Relict of Symon Haite of Linstede in the County aforesaid yeoman decd: and that they have heard and doe beleive that the said Symon Haite was seixed in his demeasne as of fee of and in the messuage and p'misses in the bill mentioned which said messuage and p'misses were and are of the yearly vallue of foure and twenty pounds or thereabouts as they beleive & no more And they have heard and doe beleive that the said Symon Haite by Indenture duely Executed dated on or about the fifth day of May in the yeare of our Lord One thousand six hundred fifty five did by way of Jointure for the said Elizabeth give graunt and confirme unto Thomas Fearne and Richard Seaman in the bill named One Anuity or yearely rent charge of Ten pounds p' Ann' to bee issueing out of the said messuage or Tenemt: and other the said p'misses in the bill mentioned to have and receive the same as in the said bill is sett forth and Expressed And that the said Symon Haite dyed about Seaventeene yeares since leaving Richard Haite since decd and the deft William Haite infants of tender yeares his only Sonns and heires and that hee left a plentifull p'sonall estate amounting to above foure hundred pounds And that the said Elizabeth Haite for many yeares after his death recd the said Anuity of Ten pounds p' Ann' And also all the residue of the proffits and rents of the said messuage and p'misses amounting to about fourteene pounds a yeare and noe more the said messuage and p'mises after the death of the s'd Symon Haite descending unto the said Richard and William Haite his sonns as heires in Gavelkind And it may bee true for ought these defts or either of them doe know to the contrary that the said Elizabeth might acquaint the pl't with the said deede and that shee had such settlemt: for her Jointure and that the residue of the Rents and proffits of the said premisses belonged to this defendt William and his brother Richard as the pl't by his Bill sets forth But whether She did soe or not these defendts each answeareing for him and her selfe say they or either of them do not know And they doe beleive that the said Elizabeth had a very considerable personal Estate at the time of her intermarriage with the pl't to the value of above Fower hundred pounds which hee had and recd with her and as her porc'on And they have heard and doe beleive and doubt not to prove that the said Elizabeth haveing in money and goods to the value of Fower hundred pounds at least did upon or before her intermarriage with the pl't and in kindnesse to her said Children did Relinquish or Release the said tenne pounds per Annum out of the said premisses and did Cancell or destroy the said Deed and designed that all the profitts of the said Lands and premisses should come to this Deft William and his brother and to their use from the very time of her marriage with the pl't And they doe also beleive that the said Elizabeth did desire that the said Richard and this Deft William her Sonnes might live with her after her intermarriage with the Complt to the end she might take care of their breeding and educacon And they doe beleive that it was agreed that the Complt should after his intermarriage with the said Elizabeth during the Infancy of this Defendt William and his brother but not dureing the life of the said Elizabeth receave the Rents and profitts of the said premisses for and towards the maintenance & educac'on of the said Richard and the deft William and not otherwise And this Deft Robert Seaman Sayeth and the other defts have severally heard and doe verily beleive that the Said Elizabeth in the time of her widdowhood did demand of this Deft Robert Seaman Executor of Richard Seaman Father of the said Elizabeth and Trustee for her as aforesaid the said Deed for payment of the said tenne pounds per ann' and this Deft Robert then delivered the same unto her but what she did with it or what is become thereof these defts or either of them each answeareing as aforesaid doe not know never haveing seen the sam But doe beleive that upon or before her marriage with the pl't it was by her vacated or cancelled and for ought these defendts know to the contrary the pl't hath the same soe vacated or cancelled And these defts doe severally beleive that in Considerac'on of the said Elizabeths estate and porc'on aforesaid the pl't was induced to enter into and did signe seale ane execute a certaine writeing obligatory of the penalty of three hundred pounds unto Richard Crippen in the bill named since deceased dated on or about the sixth day of September 1669 with a Condic'on thereon to the effect in the bill set forth as by the said obligac'on or writeing obligatory ready to be produced unto this honoble Court unto which these defts for their more certainty do severally referr themselves may appeare And further these defts beleive that the said Compl't and the said Elizabeth intermarryed on or about the day of the date of the said writeing obligatory And that by the said Agreemt the pl't ought to have had and received the proffits of the said premisses had he performed the agreemt on his parte in educateing and maintaining the said Richard and this deft William according to his promisse and undertakeing But these defendts doe expressly deny that the plt soe did nor did the said Richard Hayte live with the plt for the space of Five yeares nor did this deft William Hayte live with the pl't for the space of Eight yeares as by the Bill is suggested For that the said Richard Hayte did not live with the said Compl't above the space of three moneths or thereabouts from the said marriage and was then turned out of doors by the plt and this Defendt William Hayte lived with the plt but for the space of two yeares or thereabouts and dureing that time the plt toke very little care of their educacon and did not deserve for all their dyet Lodging and necessaryes ... for the said Richard and the Deft William above eighteen pounds in the whole and soe much the plt did receive and accept And this Deft Robert Seaman as Gardian to the said Richard and William did about tenne or eleaven yeares since justly and truely pay to the plt the said summe of Eighteen pounds ... for the ... maintenance of the said Richard and the Deft William and the plt accordingly accepted the same And therefore as these Defts are advised the plt did not now ought to receive the Rents Issues and proffitts of the said messuage Tenemts Lands or premisses or any parte thereof due for the time the said Richard and William lived with him or since and doe beleive that the pl't never had or received any of the Rents or proffitts of the said messuage and premisses and doe verily beleive that the said tenne pounds per Annum was never due to the pl't nor did hee to their or either of their knowledge or beleife ever receive the same or any part thereof the same as they doe veryly beleive being distroyed by the said Elizabeth in kindnesse to her sons as aforesaid And this defendt Robert Seaman sayeth that after the decease of Richard Crippen in the bill named who was ... Guardian to the said Richard Haite ... And did about 3 yeares & a half after the [said] marriage he the said deft Robert Seaman ... became Guardian to the said Richard and William Hayte and maintained them and rec'd the proffitts of the said premisses untill in or about the yeare 1677 ... and then the sd Richard haveing attained to his age of one and twenty yeares this deft then gave him a just and true account of the proffitts of the said Estate and premisses and from that time the said Richard received the same himselfe untill his death which was about October in the yeare 1681 And these Defendts doe severally deny that they or either of them ever refused to deliver to the said Complt any deeds or writeings concerning the said annuity or the said other Estate neither was any such writeings by him or any for him ever demanded of them or either of them to their or either of their remembrance nor did they or any or either of them ever refuse to suffer the pl't to use the names of the said John Fearne or Richard Seaman to the purpose in the bill mencon'ed or to any other purpose nor doe they or either of them know that the pl't had any cause to demand any such deed or to make use of any such name or names But this deft William Hayte doth beleive ^ confesse that upon the death of his Mother which was about June ... last the said Richard his brother being alsoe dead there being by the Condic'on of the said Bond the sume of one hundred pounds justly and truely due to this deft William as hee this Def was & is advised and thid deft haveing duely demanded the said one hundred pounds of the pl't and hee neglecting or refuseing to pay the same true it is that this deft as advised did bring his Acc'on agt the plt in his majesties Court of Kings Bench at Westmr upon the said Bond or writeing obligatory of three hundred pounds and that he haveing duely obtained Administrac'on to the said Richard Crippen he hath lately declared against the said Complt upon the said Bond and that hee intends to proceede to a speedy Tryall therein as hee hopes under favour of this honoble Court is lawfull for him to doe for the Recovery of the said one hundred pounds and did not nor doth intend to recover or receive more upon payment of the said one hundred pounds with Interest from the time of the said [Accord?] brought with this defts costs at Law and in this Court hee this defendt will forbeare all further proceedinge at Law and will also cancell or deliver upp the said Bond as this honoble Court shall direct And the said defendts say that they doe not know or beleive that they or either of them ought to come to any account with the said Complt for the said annuity dureing the life time of the said Complts wife for the residue of the said rents and proffitts of the said Annuity premisses or for any part thereof but do justly ioyntly and severally insist that they or either of them for the reasons aforesaid ought not to come to any accompt whatsoever with the pl't And they doe severally say and insist that the whole one hundred pounds is justly & truely due to the deft William upon the said Bond And these defendts deny that they or either of them did or doe pretend that the said Compl'ts said wife had noe such or other annuity graunted to her by the said Symon Hayte but doe beleive that the same was cancelled vacated or destroyed upon or before the Compl'ts Intermarriage but what became thereof these defendts or either of them doe not know they or either of them each answearing for him and herselfe never having seen the same since the said pl'ts marriage with the said Elizabeth nor did or doe these defendts or any or either of them know nor have they or either of them each answearing as aforesaid at any time or upon any occac'on heard the said Compl'ts late wife confesse or declare that the said Compl't was to enjoy the said Annuity or to have the residue of the proffitts of the said messuage Lands and premisses yearely for his recompence and satisfac'on for provideing for the said Richard and William Hayte her sonns nor did they or either of them these defendts know any thing thereof otherwise than as appeares by the Condic'on of the said bond But this deft Robert Seaman confesseth that hee did receive the Rents and proffitts of the said premisses dureing his time of his being Guardian to the said Richard and William Hayte as hee hath herein before set forth and that hee received the same at the rate of Fower & twenty pounds per ann' and noe more and as hee taketh it he soe received the same for about the space of Fower yeares But cannot now certainly set forth the time of his the said Richard haveing atteined his age of one and twenty yeares about five yeares since And these defendts further say that the said Compl't did not provide for the said Richard and William Hayte according to the Condic'on of the said Bond or any longer than is set forth and turned the said Richard out of doors and toke little or noe care of the def't William and yet received eighteen pounds for his demands as aforesaid and did also deale very unkindly by his wife the said Elizabeth and forced her by his great unkindnesse to absent herselfe and to live from him for severall yeares before her death and yet the Compl't hath sued this deft William Hayte in his minority whilst the said Robert Seaman was his Guardian at Com'on Law and in this Court for his board Albeit the said Compl't receaved the sume of Eighteen pounds of the said Robert Seaman for the time that the said Richard and William soe boarded with him the said Compl't as aforesaid which was a full and ample recompence and satisfac'on for the same And this deft Robert Seaman Saieth that the Compl't did declare that he would not maintaine the said Richard & William Hayte after his said marriage and yet would have received the proffitts of the said premisses if they the said Richard and William had not chosen Guardians to defend and p'tect them from his great unkindnesse cruelty & oppression & [did] these defendts doe all of them further say that this Deft William Hayte is much improved ^impoverished by reason of the said Compl'ts vexatious suites and unkindnesse and is thereby made incapable to wage Law with him the said Complt And further say the said Complt did in the life time of the said Elizabeth his wife turn her the said Elizabeth and the said Richard & William her said two sonnes out of doores and kept them out of doores for severall yeares in which time the said deft Robert Seaman as their Guardian did maintaine them and they doe severally deny all manner of Combinac'on charged by the Bill without that that any other matter or thing the Complts said Bill of Compl't conteined materiall or effectuall in the Law for them these defts to make answeare unto and not herein & hereby sufficiently answeared unto confessed and avoided traversed or denied is true All which matters and things these def'ts are ready and willing to maintaine & prove as this honoble Court shall award and humbly pray to bee hence dismissed with their reasonable costs and charges in this behalfe most wrongfully susteined

Rich Hefford

C7/303/39 (fo. 3) Answer of John Fearne 1682

The severall answeare of John Fearne one of the Defts to the bill of Compl't of Jeffery Sackett Compl't

The said Deft saveinge to himselfe nowe and all tymes hereafter all and all manner of advantages to the manifold uncertaintyes and insufficiences in the Compl'ts said bill of Compl't conteined for answeare thereunto or to soe much thereof as in any wise materiallie concerneth the said Deft to make answeare unto, Doe answeareth and saieth that hee did never knowe the said Symon Hayte or Elizabeth his wife in the said bill of Compl't named, or that the said Symon Hayte was ever seized of any messuages Lands or Tenemts in Linstead as in the said bill is suggested or that the said Symon Hayte did ever make any such deed of Annuity or rent charge as in the said bill is suggested; But the said Deft saieth that the said Thomas Fearne in the bill named was his father and died about nineteene yeares since, But the said Deft sayeth that hee hath never seene or did ever heare of any such deed of the said Annuity in the said bill suggested or other writeinges concerninge any estate of the said Symon Hayte his wife or sons in the said bill named saveing by the said bill, And the said Deft saieth that hee doth not knowe the said Richard Hayte or William Hayte in the said bill named or of any Lands or Tenemts descended unto or upon them or either of them or that they or either of them lived wth the said Compl't, And the said Deft saieth that hee did not knowe the said Richard Crippen in the same bill named, or that the Compl't did enter into a bond to the said Richard Crippen as in the bill is suggested, And the said Deft doth denye that hee doth knowe or hath otherwise heard of the said bond & Condition thereof then by the Compl'ts said bill; And the said Deft doth denye that hee doth combine with all or any the p'sons in the said bill named to any the purposes in the said bill suggested or otherwise to deceive or defraud the Compl't, And the said Deft sayeth that hee was not or is Extor: to the said Thomas Fearne his father And the said Deft sayeth that hee doth not knowe that the said Elizabeth Hayte did receive the said Annuity or Rent charge or that any attempts have been made to burne & destroye the said deed in the said bill suggested And the said Deft doth denye that hee hath heard of the said agreement betweene the Compl't and the said Elizabeth otherwise than by the said bill suggested or that hee hath heard the said Elizabeth or any other confesse & declare the same And the said Deft sayeth that hee doth knowe nothing concerninge the receiveing the Rent & p'fitts of the Lands & Tenemts in the said bill suggested or of concerninge any suites betweene the said William Hayte & the Compl't And the said Def't sayeth that hee is ignorant & a p'fect stranger to all the matters alleaged in the said bill And that there was noe Coloure to putt the said Def't to this trouble & charge without that that any other matter or thinge in the said bill of Compl't Contained & not herein & hereby Confessed or avoyded traversed or denyed or otherwise well & sufficientlie answeared unto is true All wch matters & thinges this Deft is readye to averr and p've as this honble Court shall award And humbly prayes that hee may bee hence dismissed with his reasonable Costs & Charges in the Lawe in this behalfe most wrongfully susteyned & c

Edwin [?Hiat]

[Followed by short piece of Latin including the name "Joh'an Fearne" and the date "decimo nono die Januarij 1682", and then the names "James Tonge" and "Michael Finch"]

C7/303/39 (fo. 6) Answer of Edward Turner 24 January 1682/83

The severall Answer of Edward Turner one of the Defendts to the Bill of Complaint of Jeffery Sackett gent' Compl't

The said Defendt now & att all tymes hereafter saveing unto himselfe all advantage of exception to the incertainties & insufficiencies of and in the said bill Compl't for Answer there unto as to soe much thereof as this Deft is advised to bee materiall or necessary in the Law for him this Def't to answer unto Answereth & saith That hee knoweth not that the said Compl't on or about the tyme in the said bill of Complaint mencon'ed or at any other tyme did enter into a marriage treaty with Elizabeth Hayte in the said bill named nor knoweth of any marriage treaty of him the said Compl't with any p'son or persons whatsoever But this Def't saith That hee believeth that Symon Hayte in the said bill was seized in his demesne as of fee simple of & in the messuages Lande & tenmts in the sd bill of Complt mencon'ed of the yearely value of Eighteene pounds & noe more And this Deft saith that hee knoweth not nor beliveth that the said messuage Land & p'misses in the said bill mencon'ed were att any tyme of the yearely value of forty pounds as in the said bill is sett forth or of any other value then the sume of Eighteene pounds And this Defendt further saith that he knoweth not of his owne knowledge that the s'd Symon Hayte by Indenture as in the said bill is sett forth or to such or his like effect or in any other manner or by any conveyance or meanes whatsoever did give grant or setle unto Thomas Fearn Richard Seaman in the said bill mencon'ed or either of them or to any other p'son any Annuity or yearely rent Charge of tenn pounds p' ann' or of any other sume or value to bee issueing out of the s'd Messuage Lande & tenemts in the said Bill mencon'ed or out of any p'te thereof in trust for the sd Elizabeth Hayte to such or the like effect as in the said bill is alledged or otherwise howsoever but this Deft acknowledgeth itt to bee true that hee this Def't hath heard itt discoursed & reported among his neighbours that shee the said Elizabeth had a rent charge or joynture out of the p'misses or some p'te thereof or to such effect And this Deft saith that hee believeth the s'd Symon Hayte dyed on or about the tyme in the said bill mencon'ed but the p'cise tyme of his death this Deft remembereth not & this Def't saith that hee believeth itt to bee true that the said Symon Hayte left at the tyme of his death Richard Hayte & Wiliam Hayte his only sonnes & heyres as in the sd bill is sett forth Butt this Deft saith that hee knoweth not that the s'd Elizabeth did att any tyme after the death of the s'd Symon receive the s'd Annuity of tenn pounds p' ann' or any p'te thereof or any other Annuity whatsoever or any p'te of the rents issues or p'fitts of the p'misses or any p'te thereof And this Def't saith that hee believeth that the messuage Lands & tenemts afores'd after the death of the s'd Symon did desend unto the s'd Richard & William the sonnes & heyres in Gavelkind Butt this Def't knoweth not that she the s'd Elizabeth did acquaint the s'd Compl't with any matter or thing touching the p'misses as in the s'd bill is p'tended or to such or the like effect or any other matter or thing whatsoever touching the p'misses or any p'te thereof or any treaty of marriage Betweene the s'd Elizabeth & the s'd Compl't or att any other tyme And this Def't saith that hee knoweth not the s'd Elizabeth was desirous that the s'd children might live with the s'd Compl't & her after the s'd intermarriage but believeth that shee was desirous thereof & hath heard that the s'd Compl't refused to educate them or p'vide for them but this Deft knoweth not nor hath to his remembrance att any tyme heard that there was any agreemt that the s'd Compl't should after the sd intermarriage dureing the life tyme of the s'd Elizabeth receive the p'tended annuity of tenn pounds p' ann' afores'd & all the residue of the rents & proffitts of the messuage Lande & p'misses so long as the s'd Richd & William Hayte should live with them or any other Agreemt touching the same or to such or the like effect as in the s'd bill of Compl't is suggested & this Deft saith that hee knoweth not of his owne knowledge that the s'd Compl't did att any tyme enter into any writeing obligatory of the penall sume of three hundred pounds or any other sume unto Richard Crippen in the s'd bill alledged or in any other obligacon whatsoever but this Def't hath heard itt soe reported & is otherwise a meere stranger to the whole matter suggested in & by the s'd bill touching the s'd writeing obligatory & condic'on thereof if any such there were And this Def't saith that hee beliveth it to bee true that the s'd Compl't did intermarry with the s'd Elizabeth as in the s'd bill is alledged but this Def't doth not knowe that the s'd Compl't by vertue of the s'd intermarriage or otherwise was any way intitled unto or ought to take have or receive the s'd Annuity of tenn pounds p' ann' or any p'te thereof untill the tyme of the death of the s'd Elizabeth or for any other tyme And this Def't saith that hee believeth that the said Elizabeth dyed on or nere the tyme in the s'd bill for that purpose [inducon'ed?] And this Deft saith that hee doth not knowe that the s'd Richard Hayte did live with the s'd Compl't by the space of five yeares or any other space or time or that the s'd William Hayte did live with the s'd Compl't by the space of eight yeares or any other space or tyme or that he the s'd Compl't did any way p'vide for the s'd William & Richard or either of them meate drink apparrell schooling or otherwise howsoever or that the s'd Compl't ought to have had to his one use all or any of the [aesty?] residue of the s'd rente issues or p'fitts of the p'misses or any p'te thereof or any p'tence whatsoever or that the s'd Compl't hath debarred himselfe for any Legall remedy for the recovery of the same And this Def't saith hee hath heerd & doth veryly beleive that soone after this Defts takeing a Lease of the p'misses which was about Tenn yeares agoe that the s'd Richd Hayte was p'vided for maintained by the s'd Richard Crippen And this Def't saith that on or about Tenn yeares ago hee this Deft did take a lease of the messuage lands & p'misses in the s'd bill named for the terme of five yeares att the yearely rent of eighteene pounds which s'd lease was made unto the Deft by the s'd Richd Crippen And this Deft [lyved?] the messuages Lande & p'misses in the s'd bill named for three yeares or thereabouts of the said Richd Crippen before hee took the s'd Lease att the yearely rent of Eighteene pounds And this Deft saith that hee p'd unto the s'd Richd Crippen his rent of Eighteene pounds p' ann' for the p'misses for the s'd three yeares dureing the space of two yeares or thereabouts p'te of the s'd terme of five yeares that after the decease of the s'd Richd Crippen hee this deft p'd his rent of Eighteene pounds p' ann' for the p'misse unto one Robert Seaman Brother of the s'd Elizabeth And that since the s'd Richd Hayte attained [Age] of one & twenty yeares which this def't takes itt was about five yeares ago hee p'd his rent unto the s'd Richd Hayte & after the decease of the s'd Richd which happened in or about the moneth of September in the yeare of Or Lord one Thousand six hundred eighty & one hee this def't p'd his s'd rent of Eighteene pounds p' ann' for his p'misses for one whole yeare ending at mich'l last past unto William Hayte And this def't saith that hee held the same for the s'd terme of five yeares & since the terme expired hee this def't hath held the p'misses onely by lease att will under the s'd Richd & William Hayte for the space of five yeares ending michaelmas last past & still holdeth the same under the s'd William Hayte & in all hath held the s'd Lands as afores'd by the space of thirteene yeares & upwards And this deft saith that hee beleiveth that the s'd Crippen & Seaman received the s'd rent of this def't for the use of the s'd Richd & William Hayte or one of them & this def't saith that hee taketh the sonne was p'd accordingly afterwards to the use of the s'd Richd & William Hayte And this deft denieth that he ever p'd any sum or sums of money to the s'd Elizabeth for or towards the p'tended Annuity in the s'd bill mencon'ed or any p'te thereof or any other annuity whatsoever And this deft denieth all manner of Combinac'on and confederacy whatsoever charged on him in & by the s'd bill of Compl't or any title or right that the s'd Compl't had to the knowledge of this def't to have or receive the s'd Annuity or any p'te thereof or any p'te of the rents issues or p'fitts of the p'misses or any p'te thereof or any manage by this def't or any other p'son or persons whatsoever except his paymt of the s'd rent by him this deft as afores'd whereby the s'd Compl't hath not received the same or some or any p'te thereof or that any satisfacc'on or recompence is to the knowledge of this def't and unto the s'd Compl't as is p'tended & suggested in the s'd bill of Compl't or to such or the like effect or otherwise And this deft denieth that he ever ... had any notice of the s'd p'tended Agreemt or forewarned to pay the rent else were untill on or about Lady day last past hee this deft was informed by his wife that the Compl't or some p'son by his order or appoyntmt did leave word with this defts wife that for ought hee knew this deft might bee compelled to pay his rent agayne or to such or the like effect And this def't saith that hee knowes not of nor ever saw to his knowledge any deed of Annuity or rent charge issueing out of the p'misses as in the bill is p'tended or any other deed touching the same nor ever know in whose hands possession or custody the same is or any tyme hath beene if any such there were nor where any of the writeings deeds ^a Evidences belonging unto or touching the p'misses or any p'te thereof [except?] the s'd lease made thereof to this def't by the s'd Crippen now in this def'ts handes is or are or have att any tyme beene nor hath this Def't as hee is advised any authority or power to lett the s'd Compl't use the name of the s'd John Fearne & of Richd Seaman or either of them this def't saieth that hee knoweth not of his owne knowledge but hath heard that such p'ceedings or the s'd writeing obligatray or bond of three hundred pounds hath bin against the s'd Compl't as in the s'd bill of Compl't is alledged or to such or the like effect but this deft wholy a stranger to the matters thereunto relateing And this def't saieth hee hopeth this Honnble Court will not compell this deft to come to any accompt with the s'd Compl't nor to pay his s'd rent over again to the s'd Compl't or to any other p'sons on any p'tence whatsoever And this Deft saith that hee knoweth not what sum if any bee due on the s'd bond from the s'd Compl't but this [deft] saith that hee believeth it to be true that the s'd Richd Hayte dyed in the life tyme of the s'd Elizabeth & this def't saith that hee knoweth not of the cancelling burrning or destroying of any deed of Annuity whatsoever att any tyme as in the s'd Bill is suggested or any attempt or endeavor soe to doe or that the s'd Elizabeth or any other p'son ever had the same or putt it into the handes of any p'son whatsoever in trust for her or her children or otherwise howsoever or that shee the s'd Elizabeth did ever receive the s'd Annuity or yearely rent charge or any other Annuity or rent charge whatsoever or ever heard the said Elizabeth declare that ever shee had such or any other annuity or rent charge And this def't denieth that hee ever had any notice of the p'tended agreemt alledged to bee made betweene the s'd Compl't & the s'd Elizabeth or of any other agreemt them whatsoever touching the matters in the s'd bill suggested or to such or like effect And this deft saith that from & after the intermarriage of the Compl't with the s'd Elizabeth hee this def't did pay unto the s'd Crippen the sume of nynety poundes for his rent & unto the said Seaman the sume of seventy two pounds & afterwards unto the s'd Richd the sume of fifty two punds And to the said William Hayte Eighteene pounds which were the sev'all sums so were as this def't can remember that hee this def't did pay or that were received by any p'son or p'sons whatsoever since the s'd intermarriage with the [     ] [priwity?] or order of this def't or of any other p'son whatsoever to the knowledge of this def't (kings taxes & repayres being from time to tyme allowed this def't out of the s'd rent) And this def't saith that hee knoweth not of any issues or p'fitts of the s'd p'misses or of any p'te thereof received at any tyme after the s'd intermarriage of the s'd Compl't with the s'd Elizabeth except the s'd rent or sume of money p'd by this def't to the s'd u'all p'ties afores'd for his s'd rent for the p'misses as before is sett forth in this answer to the s'd Compl't of bill of Compl't without that any other matter or thing in the s'd Compl'ts Bill of Compl't conteyned materiall or effectuall in the Law for this Def't to answer unto & not herein & hereby well & sufficiently answered unto confessed avoyded trav'sed or denyed is true All which this deft is & will bee ready to averre & p've as this most Honoble Court shall award And humbly prayeth to be dismist the same with the reasonable Costs & charges in this behalfe wrongfully susteyned

Wm Man

Supascript Responsio sup'noiat Edw Turner capt fuit apnd Sittingborne in Co'm Hanc deicmo octavo die Jannureij Anno regin Regis Caroli sc'di Angl et tricesmo quarto sino lutrin pre Edw Turner in debita firma corsum no'b

Ja Mowting                          [Wm?] Theobald

Endorsed

24o Jan' d u p' manub petri Theobal Trimus Comissioner

Ja Monting                           Peter Theobald

C22/705/54 (fo. 6) Interrogatories of Defendants' Witnesses

Interrogatories to bee Administred to witnesses to bee p'duced sworne & Exai'ed on the p'te & behalfe of Wm Haite Robt Seaman & Elizabeth his wife three of the Defts att the suite of Jeoffery Sackett gen' Compl't

1. Imprimis doe you know the p'ties Complts & Defts in this cause or either of them, if yea how long have you knowne thm any or either of them, & did you know Symon Haite late of Linstead in the County of Kent yeoman decd & how long did you know him before his death declare the trueth of what you can say to this Inter'ry

2. Item doe you know or beleeve or have you heard that the said Symon Haite was in his life tyme Seized in his Demeasne as of Fee Simple of and in one messuage or Tenemt the Barne Stable Outhouses Edifices and buildings to the same belonging and of foure Orchards, three Gardens & three peices or parcells of arable land conteyning by estimac'on twelve acres more or lesse with the Appurten'nces lyeing in Linstedd aforesaid of the yearely value of foure and twenty pounds & noe more And how doe you know or why do you beleive that the sd Messuages lands & p'misses are of noe greater yearely vallue than foure and Twenty pounds p' Ann' declare the truth of yor knowledge & beleife herein together with the reason of such yor knowledge or beleife

3. Item did the said Complt heretofore and when enter into some treaty of marriage wth Elizabeth then the widdow & Relict of the said Symon Haite, and since the wife of the said Complt & did the said Symon Haite by Indenture duly [executed?] and dated on or about the fifth day of May in the yeare of our Lord One thousand six hundred & fifty five by way of Jointure for the said Elizabeth give graunt & confirme unto Thomas Fearne and Richard Seaman One Anuity or yearely rent charge of Ten Pounds p' Ann' to bee issuing out of the said Messuages lands & p'misses in the next p'cedent Interr' mentioned To have & receive the same during the naturall life of the sd Complts sd late wife Elizabeth but in trust onely for the said Elizabeth the sd Complts late wife in case shee survived and overlived the said Symon Haite declare what you know beleive or have heard to the questions of this Interrogatory

4. Item did the said Symon Haite dep'te this life about 17 yeares since or how long is itt since his death, And did the said Symon Haite att the time of his death leave behind him Richard Haite since dec'd and the deft Wm Haite infants of Tender yeares his onely sons and heires And did hee not also leave a plentifull estate behind him amounting to the vallue of foure hundred Pounds or what other sume or of what other vallue declare what you know beleive or have heard therein together with the reasons of yor knowledge and beleife

5. Item for how many yeares or for how long time after the death of the said Symon Haite did the said Elizabeth the pl'ts late wife receive the said Annuity of Ten pounds p' Ann' And also the Residue of the p'fitts and rents of the said messuage & p'misses amounting to 14li p' Ann' & noe more over & above the sd Anuity And did the said Messuage & p'misses after the death of the said Symon Haite discend & come unto the said Richard and William his sonnes and heires in Gavell kind declare what you know beleive or have heard to the severall questions of this Inter'rie

6. Item what p'sonall estate and of what vallue was the sd Elizabeth the plts late wife pos'esed of att the time of her intermarriage with the pl'te, & did the sd Complte take & receive the sd p'sonall estate wth her as her por'con And [did] the said Elizabeth the pl'tes late wife (haveing in money or goods to the vallue of 400li att the least) uppon or before her said marriage with the s'd Complt and in kindness to her Children relinquish & release the said Ten pounds a yeare and Cancell & destroy the said deede, & did shee designe that all the proffitts of the sd lands & p'misses should come to the deft William & to his brother Richard [   ] decd and to their use soe soone as they attained their respective ages of 21 yeares And doe you know beleive or have heard that the sd Elizabeth the plts late wife did desire that the sd Richard and the deft William Haite her sonnes might live with her after her intermarriage wth the Complt, To the [end] shee might take care of their breeding & Educac'on, And was itt ... agreed That the Complt should after his marriage wth the said Elizabeth during the time of the infancy of the sayd deft William & his brother Richard Haite receive the [rents] & p'fitts of the sd p'misses for & towards the maintenance & Educac'on of the said Richard & deft William Haite & not otherwise declare what you know beleive or have heard to the severall questions in this Inter'rie

7. Item doe you know beleive or have heard That the said Elizabeth the pl'ts late wife did in the time of her widdowhood [demand?] of the deft Robert Seaman Executor of Richard Seaman father of the said Elizabeth & Trustee for her the s'd Elizabeth the said deede for paymt of the sd Ten pounds a yeare or that the said def't Robert Seaman did deliver the same to [her?] or what is become thereof declare the trueth of what you know beleive or have heard therein

8. Item how long did the said Richard Haite & the deft Wm Haite live with the said Compl'te & the said Elizabeth his late wife after their s'd intermarriage and how were the sayd Richard Haite & the sd deft Wm Haite or either and which of them used or mainteyned by the s'd Complt after his said marriage, And did the s'd Complt take any and what care of their or either of their educac'on or did hee neglect and slight them and take very little or noe care of them, What doe you conceive or in yor Judgmt beleive the sd Complt did deserve for such his usage and maintenance of the s'd Richard & Wm Haite or either of them after the sd marriage Or doe you conceive or in yor Conscience beleive that hee the said plt did deserve any more or soe much as the sume of Eighteen Pounds in the whole for such their maintenance & educac'on during the tyme that they soe lived with or were mainteyned by him And was the said sume of 18li or any other and what sume att any time and when & by whome paid to the sd Complt and by him accepted & received in full Satisfacc'on of the sd mainteynance and Educac'on of the s'd Richard & William for the time afores'd declare what you know beleive or have heard touching all and every the questions of this Inter'ie and the reason of yor beleife therein

9. Item did you know Richard Crippen who was Guardian to the sd Richard Haite if yea when did hee dep'te this life whether did the deft Robert Seaman after the decease of the sd Richard Crippen become Guardian to the s'd Richard & Wm Haite & mainteine them and receive the p'fitts of the s'd p'misses and for how long & to what time and att what yearely rent did soe receive the same, did hee receive the same till such time as the s'd Richard Haite attained to the age of 21 yeares And doe you know beleive or have you heard That the sd deft Rob't Seaman did att the time of the s'd Richard Haites attaining his age of 21 yeares render and give unto him the s'd Richard Haite a true & Just account of the p'fitte of the sd estate & p'misses And did the sd Richard Haite fro' That time receive the same himselfe to the tyme of his death declare what you know beleive or have heard therein

10. Item doe you know or beleive or have you heard that the sd Complt did use his sd late wife Elizabeth in her liefe time very unkindly In soe much that by his unkindnes and ill usage hee forced her to live from him for severall yeares before her death declare what you know beleive or have heard therein

11. Item doe you know beleive or have heard that the sd Complt did sue the s'd def't Wm Haite (in the time of his minoritie & in the tyme that the s'd Rob't Seaman was his Guardian) for his the s'd deft Williams board Notwithstanding that hee the s'd Complt received the s'd sume of 18li of the s'd Rob't Seaman for the time that the s'd Richard and William Haite soe boarded wth him the s'd Compl't as afores'd and was the s'd sume of 18li a full & ample Satisfac'con for the same declare the truth of yor knowledge and beleife herein & the reason of such yor knowledge & beleife

12. Item doe you know or beleive or have you beene heard and [credibly] informed That the s'd Complt did att any time & when or before whome Expresse or declare that hee would not mainteine the s'd Richard & William Haite after his s'd marriage And yet notwithstanding that hee would have rec'd the rents & p'fitts of the sd p'misses, And doe you beleive that he would have soe done if the s'd Richard & William had not Chosen Guardians to p'tect & defend them fro' his great unkindnes Cruelty & oppression declare wt you know or beleife herein

13. Item doe you know beleive or have you heard that the sd deft Wm Haite is very much [impoverished?] by reason of the sd Compl'ts vexatious suites & unkindnes whereby hee is made uncapable to Wage Law wth the s'd Compl't and doe you know beleive or have you heard that the Complt did in the life tyme of the sd Elizabeth his late wife turne the s'd Richard & Wm Haite her sd two Sonnes out of doores for severall yeares or how or in what manner did the sd Compl't use them And did not the sd deft Robt Seaman mainteine them in that time declare what you know beleive or have heard therein

14. Item were you p'sent att the Executing of the bond or writeing obligatory now showed unto you of the [penalty?] of 300li dated the sixth day of September 1669 & did you see the same signed sealed and delivered by the Compl't as his act & deed & is yor name thereunto subscribed as A wittnes of yor owne handwriteing and who else besides yorselfe were wittnesses to the signing sealing & delivery of the said bond & is their or either of their names thereunto sett as wittness of their own hands writing as you know or beleive and [say?] the trueth of your knowledge & beleife therein

15. Item what other matter or thing doe you soe know beleive or have heard that may tend to the Advantage or benefitt of the def'ts or either of them in this Cause declare & sett forthe the same att large uppon the oath you have taken

Edw' Fellow
John Eaton

C22/705/54 (fo.1) Depositions of Defendants' Witnesses [probably 16 April 1683]

Deposition of Sarah Greenall

Ex p'te Def'tium

Sarah Greenall Widdowe A witnes sworne and exaied ex p'te Quer and now exai'ed ex p'te deftiums deposeth as followeth

1) To the first Inter'ry this Depont saith That she knoweth the Complaint and the Defendts William Haite Robert Seaman and Elizabeth his wife and hath knowne them all by the space of fifteene yeares and upwards

4) To the fourth Inter'ry this Depont saith That Symon Haite in this Inter'ry named died about seventeene years since and that the said Symon at the time of his death left behinde him Richard Hayte since dec'd and William Hayte infants of tender yeares his sonnes and heires And saith that the said Symon Hayte did leave an estate behinde him but of what vallue this Depont knoweth not

10) To the tenth Inter'ry this Depont saith That she did heare the said Elizabeth the Complaints late wife (in her life time) say that the Complaint did use her very unkindly and saith that the said Elizabeth did live from the Complaint her husband about two yeares before her death

11) To the eleaventh Inter'ry this Depont saith That the Complaint did sue the Defendt William Hayte in the time of his minority and in the time that the said Robert Seaman was his Guardian for the said Defendt Williams boord but what end was made of the said suite this Depont knoweth not And further to this Inter'ry she deposeth not

Deposition of James Turner

James Turner of Lingstead in the County of Kent Thatcher aged fifty foure yeares or thereabouts sworne and exai'ed deposeth as followeth

1) To the first Inter'ry this Depont saith That he knoweth the Complaint and the Defendts William Haite and Robert Seaman and Elizabeth his wife and hath knowne the Complaint and the Defendt Robert Seaman about fifteene yeares last past and the Defendt William Haite from his infancy but hath little acquaintance of the Defendt Robert Seamans wife And further saith that he did knowe Symon Haite in this Inter'ry named and knew him by the space of sixteene yeares or thereabouts next before his death

2) To the second Inter'ry this Depont saith That he doth beleeve and hath heard that the said Symon Haite in his life time was seized in his demeasne as of fee simple of and in one messuage or tenement with the barne stable outhouses edifices & buildings to the same belonginge and of four orchards three gardens and three peeces or p'cells of arrable land conteyninge by estimac'on twelve acres more or lesse with the appurtenc'es situat lyinge and being in Lingsted in this Inter'ry mencon'ed which this Depont beleeveth were of the yearely vallue of foure and twenty pounds and noe more because this Depont well knowe the same and hath lived neere the same about five and twenty yeares last past and looked after the same for about six monthes next after the decease of the said Symon Hayte

3) To the third Inter'ry this Depont saith That he hath heard the said Simon Haite in his life time say that he made unto Elizabeth his then wife and since the wife of the Complt A Joyncture duringe her life of ten pounds by the yeare out of the messuage and lands in the p'cedent Inter'ry mencon'ed and after the decease of the said Symon this Depont hath heard the said Elizabeth say that she had A Jouncture of ten pounds by the yeare left her by the said Symon and the said Elizabeth then also said that whosever should afterwards marry her, should not be anything the better for her Joyncture And further to this Inter'ry he deposeth not

4) To the fourth Inter'ry this Depont saith that the said Symon departed this life about seaventeene yeares since or upwards and the said Symon then left behind him Richard Haite since dec'd and the Defendt William Haite his only sonnes and heires And this Depont further saith that after the death of the said Symon Haite he this Depont did heare Elizabeth the Widdow and Relict of the said Symon Haite say that the said Symon Haite left her worth neerer five hundred pounds than foure hundred pounds And further to this Inter'ry he deposeth not

5) To the fifth Inter'ry this Depont saith That after the decease of the said Symon Haite the said Elizabeth did receive the said ten pounds by the yeare and also the residue of the rents and profits of the said messuage lands and p'misses amountinge to fourteene pounds by the yeare over and above the said ten pounds by the yeare by the space of betweene foure and five yeares And further saith after the decease of the said Symon Haite the said messuage & lands did discend & come to the said Richard & William Haite as his sonnes and Coheires And further to this Inter'ry this Depont deposeth not

6) To the sixth Inter'ry this Depont saith That whilest the said Elizabeth the Complaints late wife was A Widdowe this Depont did heare the said Elizabeth say that she did designe that all the profits of the said messuage lands and p'misses should come to the Defendt William and to his brother Richard since dec'd soe soone as they should attaine to their respective ages of one and twenty yeares And this Depont further saith that he hath often heard the said Elizabeth say (before her intermarriage with the Complaint) that noe who had to doe with her should ever have anythinge to doe with her children And further to this Inter'ry he deposeth not

9) To the nineth Inter'ry this Depont saith That he did knowe Richard Crippen in this Inter'ry named and saith that the said Richard Crippen departed this life about eight or nine yeares since And further saith that after the decease of the said Richard Crippen the Defendt Robert Seaman did become Guardian to the said Richard & William Haite and mainteyned them and received the rents and profits of the said lands and p'misses from and after the death of the said Richard Crippen untill the said Richard Haite attained his age of one & twenty yeares which as this Depont best remembers was by the space of foure or five yeares And this Depont doth beleeve that the said Richard Hayte did receave the rents and profits of the said lands and p'misses from and after he attained his age of one and twenty yeares untill the time of his death And further to this Inter'ry this Depont deposeth not

10) To the tenth Inter'ry this Depont saith that about nine or ten yeares since he this Depont did heare the said Elizabeth the Complaints late wife say that the Complaint and his children were soe crosse that by reason thereof she could not live with them but was forced to live from them And further to this Inter'ry he deposeth not

Deposition of Elizabeth Marrable

Elizabeth Marrable of the Citty of Canterbury Widdowe A Witnes sworne and exai'ed ex p'te Quer and nowe exai'ed ex p'te Def'tium deposeth as followeth

2) To the second Inter'ry this Depont saith That she hath heard and beleeveth that Symon Hayte in this Inter'ry named was in his life time seized in his demeasne as of fee simple of and in the messuage and lands with the appurten'ces in this Inter'ry mencon'ed and that the same were of the yearely vallue of twenty foure pounds and noe more which this Depont the rather beleeveth because she never heard that the same were hired out for any greater rent

3) To the third Inter'ry this Depont saith That she cannot depose

4) To the fourth Inter'ry this Depont saith That the said Symon Haite departed this life about seaventeene yeares since and that at the time of his death he left behinde him Richard Haite since dec'd and the Defendt William Haite infants of tender yeares his only sonnes & heires And this Depont further saith that she doth beleeve and is satisfied that the said Symon Haite at the time of his death did leave behinde him A personall estate to the vallue of above five hundred pounds

5) To the fifth Inter'ry this Depont saith That after the death of the said Symon Haite the said Elizabeth the Complaints late wife did receave the full rents and profits of all said messuage and p'misses untill her sonnes Richard & William Haite did choose themselves A Guardian but the certaine time howe longe she soe rec'd the same this Depont cannot nowe remember And this Depont further saith that after the decease of the said Symon Haite the said messuage and p'misses ded discend and come to the said Richard and William Haite as his sonnes and Coheires

6) To the sixth Inter'ry this Depont saith That the said Elizabeth the Complaints late wife did desire that the said Richard & William Haite her sonnes might live with her after her intermarriage with the Complaint to the end she might take the more care of their breedinge & educac'on And further to theis Inter'ry the Depont deposeth not

8) To the eight Inter'ry this Depont saith That the said Richard Haite & William Haite lived with the Complaint and Elizabeth his late wife about three quarters of A yeare after their intermarriage as this Depont best remembers And this Depont hath heard that duringe the said time the Complaint did take little or noe care of the said Richard & William Haite And further this Depont saith that she hath heard that the Defendt Robert Seaman did pay unto the Complaint the sume of eighteene pounds in full for the maintenance and educac'on of the said Richard & William Haite duringe the time that they soe lived with him And further to this Inter'ry she deposeth not

9) To the nineth Inter'ry this Depont saith That she did knowe Richard Crippen who was Guardian to the said Richard Haite & saith that the said Richard Crippen departed this life about seaven yeares since and further saith that after the decease of the said Richard Crippen the Defendt Robert Seaman did become Guardian to the said Richard Haite and the Defendt William Haite and did mainteyne them and receaved the rents and profits of the said messuage and lands untill the said Richard Haite attained his age of one and twenty yeares but at what rent he soe rent the same this Depont knoweth not And this Depont doth beleeve that the said Richard Haite did receave the whole rents and profits of the said messuage and p'misses from and after he attained his age of one and twenty yeares untill the time of his death And further to this Inter'ry this Depont deposeth not

10) To the tenth Inter'ry this Depont saith that she did often heare Elizabeth the Complaints late wife and severall other people say that the said Complaint did use the said Elizabeth in her life time very unkindly in so much that by such his unkindness she was forced to live foure yeares from him

11) To the eleaventh Inter'ry this Depont saith That the said Complaint did sue the said William Haite in the time of his minority and in the time that the said Robert Seaman was his Guardian for his the said Williams board not withstandinge that the said Complaint as this Depont heard had rec'd the said sume of eighteene pounds of the said Robert Seaman for the time that the said Richard & William Haite soe boarded with him the said Complaint as aforesaid And this Depont hath heard the said eighteene pounds was paid to the said Complaint in full satisfaction for the same as this Depont hath p'deposed

12) To the twelveth Inter'ry this Depont saith That she hath heard and bin informed that the Complaint did say that he would not mainteyne the Said Richard & William Haite after his said marriage with Elizabeth his late wife And yet notwithstandinge this Depont doth beleeve that the Complaint would have rec'd the rents and profits of the said messuage Lands and p'misses If the said Richard & William Haite had not chosen Guardians to protect and defend them from his great unkindnes and Cruelty

13) To the thirteenth Inter'ry this Depont saith That she hath heard and beleeveth that the Defendt William Haite is very much impoverished by reason of the said Complaints vexatious suites and unkindnes whereby the said William Haite id become uncapable to wage lawe with the Complaint And this Depont further saith that the Defendt Robert Seaman did for some time provide for the said William Haite and his brother Richard Haite but for howe longe time he soe provided for them this Depont cannot nowe remember And further this Depont deposeth not

Deposition of Frances Penn

Frances Penn the wife of John Penn the younger of Thanington in the County of Kent Carpenter aged twenty six yeares and upwards sworne and exai'ed deposeth as followeth

10) To the tenth Inter'ry this Depont saith That about six monthes before the death of Elizabeth late wife of the Complaint the said Complaint was at this Deponts fathers house where this Depont heard the Complaint say that if he the said Complaint must be forced to keepe the said Elizabeth his wife then he would keepe her with bread and water And this Depont hath heard and beleeveth that the Complaint did severall times beate his said wife and deale very unkindly by her and hath heard the said Elizabeth severall times say that she had bin knocked downe like A bullocke And this Depont knoweth that the said Elizabeth the Complaints late wife did live one yeare from him in the time of their intermarriage which this Depont beleeveth was done by reason of the unkindnes and ill usage of her said husband

11) To the eleaventh Inter'ry this Depont saith That she hath heard that the Complaint did sue the Defendt William Haite in the time of his minority and in the time that the Defendt Robert Seaman was his Guardian for his the said Defendts William Haites boord And this Depont hath heard that the Defendt Robert Seaman did pay unto the Complaint the sume of eighteene pounds but the said Robert Seaman said that the Complaint refused to give A receipt for the same and proceeded to A triall against the said William Haite in the said suite but upon the triall thereof the Complaint happened to be cast [or east?] And further to this Inter'ry she deposeth not

13) To the thirteenth Inter'ry this Depont saith That the Defendt William Haite is very much impoverished by reason of the said Complaints vexatious suites and unkindnes whereby he is made uncapable to wage lawe with the said Complaint And this Depont saith that she doth beleeve and hath heard that the Complaint in the life time of Elizabeth his late wife did turne the said Richard & William Haite her two sonnes out of doores and saith that afterwards the said defendt Robert Seaman did for some time mainteyne and provide for the said Richard and William Haite And further this Depont deposeth not

Deposition of Thomas Kidder

Thomas Kidder of the Citty of Canterbury gent aged fifty five yeares & upwards sworne & exai'ed deposeth as followeth

14) To the fourteenth Inter'ry this Depont saith That he was p'sent at the executinge of the bond or writinge obligatory now shewn unto him this Depont of the penalty of three hundred pounds and dated the sixth day of September in the yeare of our Lord one thousand six hundred fifty and nine and did see the said bond signed sealed and delivered by the Complaint as his act and deed and that the name of this Depont subscribed as A witnes thereunto is this Deponts owne proper hand writinge And this Depont further saith that Robert Seaman one of the Defendts in this suite was also A witnes to the signinge sealinge and deliveringe of the said bond and this Depont doth beleeve that the name of the said Robert Seaman subscribed as A witnes thereunto is the said Robert Seamans owne proper hand writinge

Edw' fellow
John Eaton

C22/705/54 (fo. 3) Interrogatories of Complainant's Witnesses

Interrogatories to be Administred to Witnesses to be p'duced on the parte and behalfe of Jeoffery Sacket gen' Complnt Agt William Hayte and other defts

1. Imprimis doe you know the Complnt and Defts Either or any of them and How long have you knowne them Either or any of them

2. Item doe you knowne beleive or have heard Concerning the Complnts Intermarriage wth Elizabeth Hayte Widdow in the bill of Complaint Named And di you see them intermarryed & when and where was it done or doe you know beleive or have heard that they lived together as Man and wife And how Long did they soe live and when dyed the said Eliz and where declare the same with the Grounds and Reasons thereof

3. Item what doe you know beleive or have heard concerning A Jointure wch the said Eliz had made her by Simon Hayte her former husband upon her Intermarriage with him and of wt yearely Value was such Jointure or for the paymt of wt yearely Sume of mony was the same Made and wt Messuages & Lands were Charged with the paymt [thereof?] and of wt yearely Value were the Same and did you see the Inds now p'duced to you begining thus This Indenture made the Fifth day of May in the yeare of our Lord 1655 And ending thus In Witnesse whereof the p'ties first above Named to these p'sent [set?] their Hands and Seales Interchangeably [have?] put the day and yeare first above written 1655 Sealed and delivered and is your Name Endorsed as A witnesse thereunto your Owne p'p [i.e. proper] hand writeing and did you know John Foreman and John Wood whose Names are Indorsed as Witnesses thereunto and are they or Either of them dead and was you well acquainted with them or Either of their Handwriteings And doe you beleive their oe Either of their names there written to be their or Either of their p'p handwriting declare the trueth of wt you know or beleive therein

4. Item wt doe you know beleive or heard Concerning the Deed of the said Elizabeth Jointure being in force and uncancelled att and Since the Complnts intermarriage wth her And [was?] the same delivered to you sometime before the Complnts Intermarriage wth her and how Long and where and by whom was the same delivered to you And [   ] did the p'ty the d'd [i.e. delivered] itt to you Acknowledge itt to be the said Jointure and for wt Reason did the p'ty that d'd itt to you declare that she d'd itt to you [   ] and how Long did you keepe [the d?] same after the Complnts said Intermarriage with her and to whome did you d'd the same againe and had the said deed A Seale to itt when itt was d'd to you and when you d'd itt backe Againe and was the same deed undefaced and uncancelled declare wt you know beleive or have heard concerning the same with the Grounds and Reasons thereof

5. Item wt doe you know beleive or heard concerning the said Elizs Attempting to burne or destroy her said Deed of Jointure and when where & and in whose p'sence was the same Endeavoured to be done And was the same before the Complnts Intermarriage wth her or since and was the same burnt or destroyed at that or any other time And if not howe came the Same to be Saved And did the said Eliz then or at any other time owne itt to be her Deed of Jointure from her husband Hayte and had itt A seale to itt And was the same undefaced and uncancelled and wt Reasons did the said Eliz then give for her Attempting to burne or destroy itt And wt Expressions did she then use towards the Complt declare the same with the Grounds and reasons thereof

6. Item who hath been dealing wth you at any time Either to cause you not Give any Evidence at all in this cause for the Complnt or to alter or mittigate the same and when and where and wt p'misses or Threatnings have been used towards you for the doing thereof and in wt words have you been sollicited to give yor Evidence and by whom when and where efect [was?] the same

7. Item wt doe you know beleive or have heard that the said Elizabeth did in her life time And after her Intermarriage wth the Complnt & when where and how often own that she had A Jointure And that the Complnt had right to itt and of wt yearely value did she declare the same to bee and wt Reasons have you att any time heard her Render and when and where why she kept the same from the Complnt declare the same with the Grounds and Reasons thereof

8. Item wt doe you know beleive or have heard concerning the Complnt dureing his Intermarriage wth the said deft Eliz demanding of her the said Deed of Jointure And when where and how often and wt Answer did she make to the said Demands and what Reasons did she give why she would not deliver the same to him And wt discontents And Animosities have Arisen betweene the said Complnt and the said Eliz upon her refusing to deliver the same and when where and how often and how came you to know or heare the same declare the same

9. Item wt sume or sumes of Mony and wt goods and Chattells of the said Eliz doe you know or have heard Either by the Confession of the said Eliz or otherwise that the Complnt had wth the said Eliz upon before or after his Intermarriage wth her and to what value [did?] the same In the whole amount unto And how came you to know or heare the same declare the same together wth the Grounds & Reasons thereof

10. Item wt doe you knowe beleive or have heard concerning Richd Hayte in the bill of Complnt Named and the said Wm Haytes liveing wth the s'd Complnt after his Intermarriage with the said Eliz and how Long did they or Either of them soe live with him and did the said Complnt dureing the time of their Abodes wth him find them sufficient meate drinke apparell washing schooling and other Necessaryes fit for such Children And wt doe you thinke such [diet?] and other p'vision to be yearely worth And wt doe you know beleive or have heard concerning any Monyes paid to the said Complnt for the same And by whom was the same soe paid and when and where and [was the?] same paid in p'te of or in full satisfacc'on for the same declare the same together with the Grounds and Reasons thereof

11. Item what doe you know beleive or have heard Either by Confession of the said Richard Hayte in his life time and the said deft William Hayte or Either of them or otherwise concerning their or Either of their or any other [   ] by their or Either of their [appointemt?] or for their or Either of their use Receiveing the said Elizabeths Jointure and the profitts thereof dureing the life time of the said Elizabeth And for how many yeares and wt discourse have you heard passe at any time betweene the said Richard Hayte and William Hayte concerning any Ones and whose indebted to them in any Sume or Sumes of Money Rec'd of the profitts of the said Jointure or of the said messuage or Lands charged with the paymt thereof and of their Intencons to sue him for the same and wt Reasons did they or either of them give why they should not sue such p'son for the same declare the same together wth the Grounds and Reasons therof

12. Item what other matter or thing doe you know beleive or Heard wch may any way Advantage the Complt in this Cause declare the same together wth the Grounds and Reasons therof

Edw' Fellow                   Jo Thurbarne
John Eaton

C22/705/54 (fo. 4) Depositions of Complainant's Witnesses 16 April 1683

Ex p'te Quer

Deposicons of witnesses taken at the house of Mr William Powell knowne by the signe of the Crowne situat in the high streete in the Citty of Canterbury on Monday the sixteenth day of Aprill in the Five and Thirtieth yeare of the reigne of our Soveraigne Lord Charles the second nowe Kinge of England & before Edward Fellowe Isaac Terry and John Eaton gent by vertue of his Ma'ties Comission Issuinge out of his high Court of Chancery at Westmr to them and to Edward Taylor gent or to any three or two of them directed for the exai'acon of witnesses in A cause in the said Court Dependinge betweene Jeffery Sacket gent Complaint and William Hayte and Robert Seaman and others Defendts As followeth

Deposition of Sarah Greenall

Sarah Greenall of Frinsters [?Frinsted] in the County of Kent Widdowe aged fifty yeares or thereabouts sworne and exai'ed deposeth as followeth

1. To the first Inter'ry this Depont saith That she knoweth the Complaint and the Defendt William Hayte and hath knowne them both by the space of fifteene yeares and upwards

2. To the second Inter'ry this Depont saith That she doth know that the Complaint did intermarry with Elizabeth Hayte Widdowe in the bill of Complaint named and did see them intermarryed and saith that they were married in Canterbury above thirteene yeares since and that they lived together as man and wife above twelve yeares And further saith that the said Elizabeth died at Sandwich in the County of Kent about A yeare since

3. To the third Inter'ry this Depont saith that she knoweth that the said Elizabeth upon her marriage with her former husband Symon Hayte had a Joyncture of ten pounds by the yeare made unto her by the said Symon Haite but what messuages and lands were charged with the paiment thereof or what yearely vallue the said messuages & lands were this Depont knoweth not And further saith that she did know one John Wood (who is nowe livinge in the p'ishe of Wormesell [?Wormshill] in the said County of Kent) who this Depont beleeveth was A witnes to the sealinge and deliveringe of the Indenture in this Inter'ry mencon'ed and further to this Inter'ry this Depont deposeth not

5. To the fifth Inter'ry this Depont saith That about two or three yeares after the said Elizabeth was married to the Complaint this Depont happened to be in Company with the said Elizabeth and her sister Seaman the wife of the Defendt Robert Seaman in the dwellinge house of the said Robert Seaman neere Canterbury when this Depont sawe the said Elizabeth flyinge A writinge in parchment (which she then said was her Joyncture from her husband Hayte) towards the fire saying the Sackets should never be the better for it and her sister Seaman p'sently tooke up the said writinge tellinge the said Elizabeth she might live to be the better for it and the said writinge was not burnt at that time but what became of the said writinge afterwards this Depont knoweth not And further to this Inter'ry this Depont deposeth not

6. To the sixth Inter'ry this Depont saith That she cannot at all depose

7. To the seaventh Inter'ry this Depont saith That she cannot otherwise depose then she has already deposed

8. To the eight Inter'ry this Depont saith That she cannot otherwise depose then she has already deposed

Deposition of James Turner

James Turner A witnes sworne and exai'ed ex p'te Deftium and nowe exai'ed ex p'te Quer deposeth as followeth

11. To the eleaventh Inter'ry this Depont saith That he hath heard and beleeveth that after the intermarriage betweene the Compaint and Elizabeth his late wife the whole rents and profits of the messuage and lands with the appurten'ces in the bill of Complaint mencon'ed were rec'd by Richard Crippen dec'd late Guardian to Richard Hayte dec'd and the Defendt William Hayte during his life time and after his decease the said rents and profits were rec'd by the Defendt Robert Seaman untill the said Richard Hayte in this Inter'ry named attained to his age of one and twenty yeares which rents were soe rec'd for the use of the said Richard hayte dec'd and the Defendt William Hayte And further to this Inter'ry he deposeth not

Deposition of Elizabeth Marrable

Elizabeth Marrable of the Citty of Canterbury Widdowe aged thirty two yeares and upwards sworne and exai'ed deposeth as followeth

1. To the first Inter'ry this Depont saith That she knoweth the Complaint and hath known him by the space of twelve yeares and upwards and that she knoweth the Defendts William Hayte Robert Seaman and Elizabeth his wife and hath known the Defendt William Hayte from his infancy and the Defendts Robert Seaman and his wife by the space of twelve yeares and upwards

2. To the second Inter'ry this Depont saith That she doth beleeve and hath heard that the Complaint and Elizabeth Hayte Widdowe did intermarry and lived together as man and wife by the space of some short time and saith that the said Elizabeth died at Sandwich in the County of Kent neere A yeare since And further to this Inter'ry she deposeth not

4. To the fourth Inter'ry this Depont saith that the said Elizabeth Hayte whilest she was A Widdowe did deliver to this Depont foure writings tied up together to keepe whilest she demanded the same againe of this Depont and the said Elizabeth about A moneth or six weekes after demanded againe of this Depont the said writings which this Depont returned againe to her tied up and never opened the same nor understood what were the contents thereof which as this Depont best remembers was done before the said Elizabeth Hayte was married to the Complaint And further to this Inter'ry she deposeth not

6, 7, 8. To the sixth seaventh and eight Inter'ries this Depont saith That she cannot depose

Deposition of Isaac Peirs

Isaac Peirs of Eythorne in the County of Kent Chirurgion [surgeon] aged forty six yeares or thereabouts sworne & exai'ed deposeth as followeth

1. To the first Inter'ry this Depont saith that he knoweth the Complaint and hath knowne him by the space of twenty yeares and upwards and that he knoweth the Defendts William Haite & Robert Seaman and hath knowne them about fourteene yeares last past but hath noe acquaintance of the other Defendts

2. To the second Inter'ry this Depont saith That he hath heard and beleeveth that the Complaint and Elizabeth Hayte Widdow were intermarried above thirteene yeares since but this Depont knoweth not at what place they were married And this Depont saith that the said Complaint and the said Elizabeth did live together as man and wife and did soe live during all or the greatest parte of the time of their intermarriage And further saith that the said Elizabeth died neere A yeare since

7. To the seaventh Inter'ry this Depont saith That the said Elizabeth the Complaints late wife did severall times in her life time and after her intermarriage with the Complaint tell this Depont that she the said Elizabeth had a Joyncture of ten pounds by the yeare which was the Complaints right to have And further told this Depont that she kept the said Joyncture & received the profits thereof because the Complaint had one hundred pounds or thereabouts with her for which she had an old bond and she would keepe the said Joyncture untill she had rec'd the said hundred pounds sayinge that if the Complaint should dye she feared that she should not have the said hundred pounds and she further told this Depont that if he this Depont would become bound for the same hundred pounds then this Depont should for what she would doe

8. To the eight Inter'ry this Depont saith That he this Depont at least forty severall times hath heard the Complaint in his dwellinge house demand of Elizabeth his late wife the deed of her Joyncture to which the said Elizabeth still answered that she would keepe it to secure herselfe for feare she would loose her mony And this Depont saith that severall discontents and animosities did arise between the Complaint and the said Elizabeth in the said dwellinge house upon her refusinge to deliver the same which this Depont well knoweth because he then lived at Sandwich in the County of Kent and was frequently at the Complaints house where he heard the said discontents and animosities

9. To the nineth Inter'ry this Depont saith That he hath severall times heard the said Elizabeth tell the Complaint that he had with her one hundred pounds in mony goods and Chattles to which the Complaint com'only answer her that he had not the full of one hundred pounds which this Depont beleeveth was had with her within short time after the said intermarriage

10. To the tenth Inter'ry this Depont saith that the said Richard Haite did live neere A yeare with the Complaint after his intermarriage with Elizabeth his late wife and that the said William Haite did live about foure yeares & an halfe with the said Complaint after his intermarriage with the said Elizabeth And this Depont further saith that the Complaint did finde and provide for the said Richard Hayte and William Haite duringe the times of their abode with him sufficient meate drinke washinge schoolinge and other necessaries fitt for such children and this Depont hath heard and doth beleeve that the Complaint duringe the same time did finde and provide for them sufficient apparell fitting for such children And this Depont doth beleeve that the diet and provision soe made for the said Richard Haite was worth twelve pounds by the yeare and that the diet and provision soe made for the said William Haite (by reason he was duringe that time troubled with A flux of urine whereby he did rott and spoile the beddinge and linnen whereon he lay) was worth foureteene pounds by the yeare And this Depont hath heard that some monies were paid to the Complaint in his dwellinge house for the same in parte of satisfaction by the Defendt Robert Seaman and the Complaint gave the Defendt Robert Seaman an acquittance for the same which this Depont sawe and read but howe much the mony was which was soe paid by the Defendt Robert Seaman to the Complaint this Depont doth not now remember

Deposition of Mary Lade

Mary Lade the wife of John Lade of the towne and porte of Sandwich in the County of Kent Maulster aged thirty three yeares and upwards sworne and exai'ed deposeth as followeth

2. To the second Inter'ry this Depont saith That she hath heard & beleeveth that the Complaint and Elizabeth his late wife were intermarried but the certaine time when or place where they were intermarried this Depont knoweth not And this Depont saith that the said Complaint and Elizabeth his late wife lived together as man and wife about thirteene yeares and further saith that the said Elizabeth died in Sandwich aforesaid neere A yeare since

7. To the seaventh Inter'ry this Depont saith That she hath severall times heard the said Elizabeth in her life time say that the Complaint had A right to ten pounds by the yeare but that she the said Elizabeth heard that the Complaint had made over what he had to his Children and therefore said she would not lett the Complaint have the said ten pounds by the yeare And further to this Inter'ry she deposeth not

9. To the nineth Inter'ry this Depont saith That she hath severall times heard the said Elizabeth in her life time confesse and say that the Complaint had with her upon their intermarriage one hundred pounds or better And further this Depont cannot depose

Deposition of Elizabeth Hobday

Elizabeth Hobday of Sandwich in the County of Kent Spinster aged one and twenty yeares or thereabouts sworne and exai'ed deposeth as followeth

2. To the second Inter'ry this Depont saith that she hath heard and beleeveth that the Complaint and Elizabeth his late wife were intermarried and lived together severall yeares as man and wife but the time when or place where they were intermarried this Depont knoweth not And this Depont further saith that the said Elizabeth died at Sandwich in the County of Kent neere A yeare since

7. To the seaventh Inter'ry this Depont saith That she lived about two yeares with the Complaint and Elizabeth his late wife as their maide servante and in that time this Depont did severall times heare the said Elizabeth the Complaints late wife say and confesse that she had A Joyncture of ten pounds by the yeare which was the Complaints right to have but she kept it from him because he should be A husband to her and A father to her children And this Depont did observe that duringe the time which this Depont lived with them the Complaint was alwayes very kinde to the said Elizabeth his late wife

Deposition of Margaret Peirs

Margaret Peirs the wife of Isaac Peirs of Eythorne in the County of Kent Chirurgion aged forty yeares and upwards sworne and exai'ed deposeth as followeth

1. To the first Inter'ry this Depont saith That she knoweth the Complaint and the Defendts William Haite Robert Seaman and Elizabeth wife and hath knowne the Complaint from the infancy of this Depont and hath knowne the said Defendts about thirteene yeares last past

2. To the second Inter'ry this Depont saith That she hath heard and beleeveth that the Complaint and Elizabeth his late wife were married at Canterbury above thirteene yeares since and saith that they lived together above twelve yeares as man and wife And further saith that the said Elizabeth died in Sandwich in the County of Kent neere A yeare since

7. To the seaventh Inter'ry this Depont saith that she hath often heard the said Elizabeth the Complaints late wife in her life time say and confesse that she had A Joyncture of ten pounds by the yeare but said she would not lett the Complaint have it some times sayinge because he was not A husband to her and at other times sayinge she would not lett him have it because she knowe not whether she should ever have the hundred pounds for which the Complaint had given her bond upon their marriage

8. To the eight Inter'ry this Depont saith That she hath very often heard the Complaint in his dwellinge house in Sandwich aforesaid demand of Elizabeth his late wife her Joyncture of ten pounds by the yeare and she usually answered him that she had parted from soe much that she thought she should never have the same again and therefore said she would keepe what she then had And this Depont further saith that she this Depont hath heard very many discontents and animosities between the said Complaint and Elizabeth his late wife which this Depont alwayes understood and beleeveth happened because the said Elizabeth would not parte from her said Joyncture to the Complaint

9. To the nineth Inter'ry this Depont saith That she hath often heard the said Elizabeth in her life time say that she brought unto the Complaint about one hundred pounds to which the Complaint usually made answer that he had not with her full one hundred pounds And further to this Inter'ry she deposeth not

10. To the tenth Inter'ry this Depont saith That Richard Haite in this Inter'ry named lived neare a yeare with the Complaint after his intermarriage with the said Elizabeth his late wife And further saith that William Haite in this Inter'ry named lived above foure yeares with the Complaint after his intermarriage with the said Elizabeth his late wife And further saith that the Complaint did finde and provide for the said Richard Haite and William Haite sufficient meate drinke apparell washinge schoolinge and other necessaries fitt for such children duringe the time that they soe lived with the said Complaint And this Depont doth remember that the Defendt Robert Seaman did pay some mony to the Complaint (in his dwellinge house as this Depont best remembers) for the board of the said Richard and William Haite which mony the Complaint (as this Depont well remembers) said he would not take in full for one yeare for both their diets but in parte but howe much mony was so paid or the time when the same was paid this Depont doth not nowe remember And further to this Inter'ry this Depont deposeth not

Deposition of Sarah Sacket

Sarah Sacket of the towne and porte of Sandwich in the County of Kent Virgin aged six & twenty yeares and upwards sworne and exai'ed as followeth

1. To the first Inter'ry this Depont saith That she knoweth the Complaint and the Defendts William Haite Robert Seaman And Elizabeth his wife and hath knowne the said Complaint from the infancy of this Depont and the said three Defendts by the space of thirteene yeares and upwards

2. To the second Inter'ry this Depont saith That she hath heard and beleeveth that the Complaint and Elizabeth his late wife were intermarried at Canterbury above thirteene yeares since and saith they lived together as man and wife above twelve yeares and that the said Elizabeth died at Sandwich in the County of Kent neere A yeare since

7 & 8. To the seaventh and eight Inter'ries this Depont saith That she hath severall times heard the said Elizabeth the Complaints late wife in her life time say and confesse some times that she had A Joyncture of ten pounds by the yeare and at other times that she had ten pounds by the yeare at her owne disposinge and hath heard the Complaint in his dwellinge house in Sandwich aforesaid often aske the said Elizabeth for her said Joyncture and this Depont hath asked the said Elizabeth why she would not lett the said Complaint have her said Joyncture to which the said Elizabeth answered that the Complaint might have kept her said Joyncture whilst he had it and that she had offered the Complaint her said Joyncture to be A husband to her and A father to her children, which she said he never was And this Depont hath heard severall animosities and differences arise between the Complaint and Elizabeth his late wife in his said dwellinge house in the p'sence of this Depont which she beleeveth did altogether happen by reason that the said Elizabeth would not lett the Complaint have her said Joyncture

9. To the nineth Inter'ry this Depont saith That some times she hath heard the said Elizabeth the Complaints late wife in her life time say that the Complaint had with her one hundred pounds and at other times this Depont hath heard the said Elizabeth in her life time say that the Complaint had with her six score pounds and at other times this Depont hath heard the said Elizabeth say that the Complaint should have fifteene pounds A yeare with her which she said was sufficient to mainteyne A woman And this Depont hath severall times heard the Complaint say that he never had the full one hundred pounds with the said Elizabeth his late wife And further to this Inter'ry this Depont cannot depose

10. To the tenth Inter'ry this Depont saith That Richard Haite in this Inter'ry named did live with the Complaint after his intermarriage with Elizabeth his late wife above three quarters of A yeare And this Depont knoweth that William Haite in this Inter'ry named did live with the Complaint after his intermarriage with the said Elizabeth his late wife above two yeares whilst this Depont lived in the house with them and this Depont hath often heard and beleeveth that the said William Haite lived with the Complaint two yeares whilst this Depont lived from them And this Depont further saith that the Complaint did finde and provide for the said Richard and William Haite during the time of their severall abodes with him sufficient meate drinke apparell washinge schoolinge and other necessaries fitt for such children And this Depont doth beleeve that such diet and other provisions were worth about thirteene pounds or fourteene pounds by the yeare And this Depont further saith that about A yeare after the Complaint was married to the said Elizabeth his late wife this Depont did see the Defendt Robert Seaman pay to the Complaint in his dwellinge house the sume of seaventeene pounds and ten shillings and the said Robert Seaman demanded A receipt in full for the same to which the Complaint answered that he would give A receipt for soe much as he rec'd but this Depont did not see or read the receipt which was then given to the said Robert Seaman by the Complaint

11 & 12. To the eleaventh and twelveth Inter'ries this Depont saith That about two yeares since the Defendt William Haite came to the Complaints house in Sandwich aforesaid where they havinge some discourse about the estate of the said William Haite and his brother Richard Haite this Depont did heare the said William Haite say that the Defendt Robert Seaman had gotten twenty seaven pounds of one Crippen on the account of him the said William Haite and his brother Richard Haite which he then said they should loose although they had gotten A bond for the same because the said Robert Seaman reckoned to them fifty shillings for every Journy which the said Robert Seaman had made to London on their account

Edw' Fellow
John Eaton

C33/260 9 (fo. 571 dors) Decrees & Orders 8 June 1683

Veneris 8 Junij [i.e. Friday 8 June 1683]

Galfridid Sackett g' Will'm Hayte Rob'tus Seaman et al Deftes

Upon moc'on this day made unto this Court by Mr Feltham being of the Defts Councell Itt was alleadged that the pli' in Michas terme last Exhited his bill to be releived of a Bond of the penalty of 200£ with a long speciall condic'on & some of the Defts by their Answers have recited the condic'on of the said Bond variously & the cause being to be heard this terme Itt was prayed that the Defendt Hayte may p'duce the said Bond at the heareing of the cause upon notice to his clerke in Court the Deft absconding himselfe as by former orders for serving the sd Defts [     ] in Court may appeare all which this Court holds reasonable & doth order the same accordingly

C22/705/60 (fo. 1) Interrogatories & Depositions of Defendants' Witnesses

Interrogatories to be administred to witnesses ... to be p'duced sworne and Examined on the pte and behalfe of William Haite and others defts at the suite of Jeoffery Sackett Compl'te 

1) In premis doe ye know the Complt and the Deft ... William Haite if yea how long have you knowne them or either of them & did you know Richard Haite the deft Wm Haites late brother decd & Elizabeth his late mother decd & the plts late wife decd declare the truth

2) Item doe you know that the deft William Haite and his said late brother did in the life tyme of the sayd Elizabeth live with the said Complt and the said Elizabeth after the Intermarriage betweene the s'd Complt & the sayd Elizabeth if soe for how long time did the said Richard and deft Wm Haite or either of them & p'ticulerly the s'd deft William live wth the sayd Complt & the s'd Elizabeth after the said Intermarriage sett forth the true time of their liveing there p'ticulerly and as neare & as Exactly as you doe know or can remember uppon the Oath you have taken

3) Item did you observe & take notice how & in what manner the said Richard and William Haite were mainteyned wth provision of meate drinke lodgeing washing & other Necessaries by the sd Complt during the time that they soe lived wth him & the sd Elizabeth their mother as aforesaid And what doe you in yor best Judgemt conceive or estimate such p'vision of meate drinke washing lodgeing & other necessaries was really worth for oath of them by the yeare dureing the tyme that they or either of them soe lived wth the s'd Complt & his wife as afores'd and how were the s'd Richard & William Haite used by the Complt in that time Were they or either Employed in that time in any & what servise work by the Complt & what did they or either of them deserve yearly for such worke declare yorselfe fully therein

last) Item what other matter or thing you know beleive or have heard that may tend to the benefit of the Complt this cause declare fully & at large

Isaac Terry
John Easton

C22/705/60 (fo. 3) Depositions of Defendants' Witnesses [probably 7 October 1684]

Deposic'ons of Witnesses taken at the house of Mr William Powell knowne by the signe of the Crown [edge of vellum missing] Situat in the high streete in the Citty of Canterbury on Tuesday the seaventh day of October In the [edge of vellum missing] and Thirtieth yeare of the reigne of our soveraigne Lord Charles the second nowe kinge of England before Isaac Terry and John Eaton gent by vertue of his Ma'ties Com'ission Issueinge out of his high Court of Chancery at Westmer to them and to Edward Fellowes and Phillie Elwood gent or to any three or two of them directed for the exai'acon of witnesses in A cause in the said Court dependinge between Jeoffery Sackett gent Complaint and William Haite and others Defendts on the parte and behalfe of the said Defendts As followeth

Deposition of Robert Seaman

Robert Seaman of Thanington in the Countie of Kent Wheeleright aged fifty and eight yeares or thereabouts sworne and exai'ed deposeth as followeth

1) To the first Interr'y this Depont saith That he knoweth the Complaint and the defendt William Haite and hath knowne the complaint by the space of fifteene yeares and upwards and hath knowne the defendt William Haite from his infancy And this Depont did likewise knowe Richard Haite the said Defendt William Haites late brother dec'd and Elizabeth the said William Haites late mother and the Complaints late wife dec'd

2) To the second Interr'y this Depont saith That he well knoweth that the Defendt William Haite and his late brother Richard Haite dec'd did in the life time of the said Elizabeth their late mother dec'd live with the said Complaint and the said Elizabeth his wife after the intermarriage betweene the said Complaint and the said Elizabeth And this Depont further saith that the said Richard Haite did live with the said Complaint & the said Elizabeth after the intermarriage betweene them by the space of three monthes or thereabouts but not above that time as this Depont best remembers And this Depont likewise saith that the said William Haite did likewise live with the said Complaint and the said Elizabeth his wife after the intermarriage betweene them by the space of two yeares or thereabouts and not above that time as this Depont verily beleeveth and best remembreth

3) To the third Interr'y this Depont saith That the said Richard and William Haite were well mainteyned with meate drinke lodginge and washinge by the said Complaint duringe the time that they soe lived with the said Complaint and the said Elizabeth their late mother as aforesaid but duringe that time the bookes schoolinge and apparell bought and provided for the said Richard and William Haite were paid for out of some perticuler rents which properly belonged to the said Richard and William Haite And this Depont in his best Judgment doth estimate that the meate drinke Lodginge and washinge provided by the Complaint for the said Richard and William Haite duringe the time they soe lived with the Complaint and his wife as aforesaid was worth eight pounds by the yeare apeece or proporconably after that rate And further to this Inter'ry this Depont cannot depose

Deposition of Elizabeth wife of Robert Seaman

Elizabeth the wife of Robert Seaman of Thanington in the County of Kent Wheeleright aged sixty yeares and upwards sworne and exaied deposeth As followeth

1) To the first Inter'ry this Depont saith That she knoweth the Complaint and hath knowne him by the space of fourteene yeares and upwards and that she knoweth the Defendt William Haite and hath knowne him from his infancy and did likewise knowe Richard Haite the Defendt William Haites late brother dec'd and alsoe Elizabeth his late mother & the Complaints late wife dec'd

2) To the second Inter'ry this Depont saith That she well knoweth that the Defendt William Haite and his late brother Richard Haite dec'd did in the life time of the said Elizabeth their late mother dec'd live with the said Complaint and the said Elizabeth his wife after the intermarriage betweene the said Complaint and the said Elizabeth And as this Depont beleiveth and best remembereth the said Richard Haite did live with the Complaint and the said Elizabeth his late wife about halfe A yeare after the said intermarriage betweene them and the said Defendt William Haite did likewise live with the Complaint and his late wife about two yeares and A quarter after the said intermarriage

3) To the third Inter'ry this Depont saith That she cannot depose

Deposition of Daniel Ellis

Danielle Ellis of the Citty of Canterbury Cordwayner aged sixty yeares or thereabouts sworne and exai'ed deposeth As followeth

1) To the first Inter'ry this Depont saith That he knoweth the Complaint and hath known him by the space of eight yeares and upwards and that he knoweth the Defendt William Haite and hath knowne him by the space of ten yeares & upwards and did likewise knowe Richard Haite dec'd the said William Haites late brother & Elizabeth his late mother and the Complaints late wife dec'd

2) To the second Inter'ry this Depont saith That he cannot depose

3) To the third Inter'ry this Depont saith That he cannot depose

4) To the fourth Inter'ry this Depont saith That about two yeares since the matters now in difference in this suite dependinge betweene the Complaint and the Defendt William Haite was by the Complaint and Robert Seaman Uncle to the said William Haite and afterwards by the said William Haites consent referred to the award of this Depont and one Mr Culmer and at A meetinge in order to the decidinge thereof the said Mr Culmer and this Depont (upon hearinge of what was alledged betweene the said Complaint and the said William Haite) did thinke it reasonable to award that the said Complaint should give the said William Haite A Release of an Annuity which they the said Referrees thought to have bin due to the Complaint in the right of his then late wife and all other demands then due to the Complaint from the said William Haite and that in Considerac'on thereof the said William Haite should give unto the Complaint A Release of the bond in question in this suite and of all other demands then due to him the said William Haite from the Complaint to the intent that there might be noe further suite or difference betweene them And the said Complaint was then willinge to performe the said award but the said William Haite did not beinge p'sent at the makinge of the said award the said Robert Seaman said he would not give away the said William Haites right or used words to that effect and thereby this Depont beleeveth there was not then any end made of the difference and suite dependinge between the Complaint and the said William Haite

Isaac Terry
John Eaton

C22/705/60 (fo. 4) Interrogatories of Complainant's Witnesses

Interrogatories to be Administred to witnesses to be produced on  the parte and behalfe of Jeffery Sackett gen' complnt Agt Will'm Hayte and others defts

Impr'is doe you know the Complnt and defts Either or any of them and how long have you knowne them Either or any them

Item doe you know beleive or have you heard that the Def't Will'm Hayte and Richard Hayte his late brother dec'd or Either of them did att any time and when and how Long Live with the pl't and did he provide sufficient Meate Drinke and Apparell & other Necessarys for them during that time and was you frequently att the dwelling house of the Complnt dureing such time and Upon what occac'on was you there and did the plt keepe them as Servants or Children and doe you know beleive or did you Ever heare that the plt Ever Wrought or Imployed them or Either of them in or about his businesse and doe you not beleive that if he had soe done you should have knowne itt or did the plt put them to Schoole and when where and how Long declare the Truth of what you know beleive or have heard herein together with the Grounds and Reasons thereof

Item what other Matter or thing doe you know beleive or have heard touching the p'misses wch any wayes doe or may tend to the profitt and Advantage of the Complnt in this Cause declare the Trueth thereof together wth the grounds and Reasons thereof

Isaac Terry                 Jo Thurbarne
John Eason

C22/705/60 (fo. 5) Depositions of Complainant's Witnesses 7 October 1684

Ex pte Quer

C4 er ult J rer Com' amies

Deposic'ons of witnesses taken at the house of Mr William Powell knowne by the signe of the Crowne situate in the High streete in the Citty of Canterbury on Tuesday the seaventh day of October in the Six and Thirtieth yeare of the reigne of our severaigne Lord Charles the second nowe Kinge of England & before Isaac Terry and John Eaton gent by vertue of his Ma'ties Com'ission issuinge out of his high Court of Chancery at Westmr to them and to Edward Fellowes and Phillie Elwood gent or to any three or two of them directed for the exai'acon of Witnesses in a Acause in the said Court dependinge betweene Jeffery Sacket gent Complaint and William Haite and others defendts on the parte and behalfe of the said Complaint as followeth

Deposition of Isaac Peirs

Isaac Peirs of Eythorne in the County of Kent Chirurgion aged forty six yeares or thereabouts sworne and exai'ed deposeth as followeth

1) To the first Inter'ry this Depont saith That he knoweth the Complaint and the Defendt William Haite and hath knowne the Complaint by the space of twenty foure yeares and upwards and hath knowne the said William Haite by the space of fourteene yeares and upwards

2) To the second Inter'ry this Depont saith That he well knoweth that the Defendt William Haite and Richard Haite his late brother dec'd did live with the Complaint p'sently after the said Complaint intermarried with Elizabeth late mother of the said Richard & William Hait and late wife of the said Complaint and saith that the said Richard Haite lived with the Complaint after his intermarriage with the said Elizabeth by the space of one yeare or thereabouts and that the said William Haite lived with the said Complaint after his said intermarriage by the space of foure yeares or thereabouts And this Depont further saith that the Complaint did provide sufficient meate drinke and apparell and other necessaries for the said Richard and William Haite duringe the time they soe lived with the said Complaint and that he this Depont was frequently at the dwellinge house of the Complaint duringe the time that the said Richard and William Haite lived at the said house And further saith that he this Depont was very often at the Complaints dwellinge house to visit him and by waht this Depont observed he verily beleeveth that the Complaint did keepe and provide for the said Richard and William Haite as children and not as servants duringe the time they lived with him as aforesaid And this Depont likewise saith that duringe the time the said Richard and William Haite soe lived with the Complaint he never wrought or imployed them or either of them in or about his business as servants and if he soe had done this Depont verily beleeveth he should have knowne thereof by reason that he was very frequently at the Complaints dwellinge house and often tooke notice of the government of his family And further saith that the Complaint did putt the said Richard Haite and William Haite to the writinge and latin schooles in Sandwich in the County of Kent where the Complaint then lived duringe the whole time that the said Richard Haite and William Haite or either of them lived with the Complaint as aforesaid

Deposition of John Bax

John Bax of Ashe next Sandwich in the County of Kent Maulster aged thirty two yeares or thereabouts sworne and exai'ed deposeth as followeth

1) To the first Inter'ry this Depont saith That he knoweth the Complaint and the Defendt William Haite and hath knowne the Complaint by the space of twenty yeares last past and the Defendt William Haite by the space of fourteene yeares or thereabouts

2) To the second Inter'ry this Depont saith That he well knoweth that the Defendt William Haite and Richard Haite his late brother dec'd did about fourteene yeares since live with the Complaint and that the said Richard Haite did live with the Complaint about one yeare and saith that the said William Haite did live with the Complaint above one yeare but the certaine time howe longe the said William Haite lived with the Complaint this Depont knoweth not And this Depont further saith that he this Depont lived in the Complaints house about halfe Ayeare wth the said William Haite and duringe the said halfe yeare the said Complaint did provide for the said William Haite sufficient meate and drinke and beleeveth the Complaint did provide for the William Haite apparell and other necessaries duringe the said halfe yeare which this Depont the better knoweth and beleeveth because duringe the said halfe yeare this Depont was A servant in the dwellinge house of the Complaint And further saith that the Complaint duringe the said halfe yeare did keepe the said William Haite as A childe and not as A servant and this Depont doth beleeve that the Complaint never wrought or imployed the said Richard and William Haite or either of them in or about his busines and if he had soe done within the said halfe yeare this Depont verily beleeveth that he should have known thereof and saith that duringe the said halfe year the Complaint did putt the said William Haite to schoole with his the Complaints owne sonne And further this Depont cannot depose

Deposition of Robert Howgill

Robert Howgill of Sandwich in the County of Kent Baker aged thirty two yeares and upwards sworne and exai'ed deposeth as followeth

1) To the first Inter'ry this Depont saith That he knoweth the Complaint and hath knowne him by the space of fifteene yeares and upwards & that he knoweth the Defendt William Haite & hath knowne him by the space of fourteene yeares or thereabouts

2) To the second Inter'ry this Depont saith That he knoweth that the Defendt William Haite and Richard Haite his late brother dec'd did live with the Complaint about fourteene or fifteene yeares since and this Depont remembreth that the Defendt William Haite lived with the Complaint about three or foure yeares but the certaine time this Depont doth not nowe remember and this Depont doth not remember howe long the said Richard Haite lived with the said Complaint and this Depont doth verile beleeve that duringe the time the said Richard & William Haite lived with the Complaint he did provide for the said Richard & William Haite sufficient meate drinke and apparell and other necessaries and that duringe the said time this Depont lived neere the dwellinge house of the said Complaint and upon severall occations was frequently there And this Depont further saith that duringe the time the said Richard and William Haite lived with the Complaint he kept them as children and not as servants and this Depont doth beleeve that if the Complaint had ever wrought or imployed the said Richard & William Haite or either of them in or about his busines he this Depont [hole] have knowne it And this Depont well remembreth that the Complaint did putt the said Richard and [hole] Haite to schoole at Sandwich in the County of Kent where the Complaint then lived but how longe [hole] to what school the [hole] Richard & William Haite or either of them were soe putt this Depont doth not nowe remember

Isaac Terry
John Eaton

Endorsements

22o Octob'r 1684
p' coc un'n Josephi Bailis
John Hodyn

Isaac Terry           John Eaton

Sackett v Haite   81   85   36

Source:
Sackett v. Haite (1677–1684), proceedings in the Chancery Court, London (National Archives, researched by Marion Sackett).