Here are my transcriptions from Chancery court records from the case Nugent v. Nugent (1723), which after the death of Frances Nugent (neé Byne) was continued in Nugent v. Hancock (1727-1729). In the first case, Henry Nugent brings an action against his mother, claiming that her father had left property to him, which fact she is hiding from him in order to give it to his sister. After Frances' death, Henry Nugent's sister Elizabeth responded to Henry's court action by calling on witnesses to show that Henry was an illegitimate son of Frances, as Edmund Nugent was away in France at the time of Henry's conception. The Final Decree dismisses Henry’s suit.
The transcriptions are from the National Archives files: C 11/1776/25, 1723; C 11/285/45, 1727; C 11/1912/5, 1729; C 11/1912/8, 1729; and C 11/285/49, and from the Final Decree C 78/1750 no. 2
from C 11/1776/25, 1723:
23 die January 1723
To the Right Hon.ble Thomas Earl of Macclesfield L:d High Chancellor of Great Britain
Humbly Complaining sheweth unto yr Lo’pp yr Or:r Henry Nugent of the pish of S:t James within the Liberty of Westm:r Gent. only Son & Heir of the Body of Edmund Nugent late of the Parish of St Clement Danes in the County of Middx Gent [deced] begotten on the Body of Frances his Wife the only Daughter & Heir of Henry Byne late of Crowash als Crowhurst in the County of Surry Gent: deced That the sd Henry Byne yr Or:rs Grandfather was in his Life time seised in Fee Simple or of some other good Estate of Inheritance of & in divers Lands Tenements & Hereditam:ts scituate lying & being in & near the Parish of Crowash als Crowhurst aforesd & in & near Harble down in the County of Kent or elsewhere in the sd Counties of Surry & Kent or one of them being in the whole of the yearly value of One Hundred Forty Pounds or therabts & being so seised did on the intermarriage of yr Orat:rs sd Father & Mother or at some other time or on some other occasion by some Deed or Deeds or other good & sufficient Conveyances & Assurances in the Law so Settle & Convey such his sd several Estates as that the same after the decease of him the sd Henry Byne would & did descend & come to yr Orators sd Father & Mother or one of during their or one of their natural Lives or Life wth Remaind:r after their or one of their decease to yr Ora:r and alsoe vested the Same or part thereof in Trust for raising [...] & maintainance of your Oratr and his Sister or to some such or the Like Uses as by such Deed or Deeds of Settlement had yr Ora:r the same to produce would more fully & plainly appear, And yr Orat:r further sheweth That on or abt the year of our L:d Sixteen Hundred Eighty Eight the sd Henry Byne departed this Life & immediately upon & after his decease or some few years afterwards the sd Frances Nugent yr Orat:rs Mother or some person or persons in trust for her did enter upon & take possession of all the s:d Lands Tenements & Hereditaments so settled as aforesd & hath ever since held & enjoy’d the same & reced & taken the rents issues & p[ro]fits thereof to the use & behoofe of the sd Frances Nugent and y:r Orat:r being ignorant of the p[ar]ticular Uses of & in the sd Deed or Deeds of Settlem:t men[ti]oned other than by a general Information from Persons who know such Deed or Deeds were executed but have not the same or any of them in their Custody hath in a very submissive & dutiful manner applyed himself to the sd Frances Nugent his Mother humbly requesting her to inform y:r Orat:r of the true contents & purport of such Deed or Deeds of Settlement & to p[er]mit him to view & peruse the same And to leave such Deed or Deeds of Settlem:t & all other the Deeds & Writings relating to the title of the premises in the hands & Custody of some sufficient & reputable Person to be jointly approvd of by her self & yr s:d Orator for the benefit of her self & yr Orat:r & for the security of y:r Orators title to the premises after the decease of her the sd Frances Nugent and that if any trust be created in & by the sd Deeds or any of them for raising any sume of Money for y:r Orat:r in the life time of her the sd Frances that such trust may be executed & y:r Orat:r have & receive such Sume or Sumes of money as is or are thereby directed to be raisd for his Use and Y:r Orator did reasonably hope & expect That y:r Orators sd Mother would readily have complyd wth such y:r Orat:rs so reasonable request But now so it is may it please y:r Lopp that the sd Frances Nugent y:r Orat:rs Mother Combining & Confederating her self to & with William Hancock of Abchurch Lane London Gent: & Eliz: his Wife (yr: Orat:rs Sister) & to & wth the Trustees nam’d in the s:d Deed or Deeds of Settlem:t whose Names are unknown to Y:r Orator & to & wth divers other persons also unknown to y:r orator (whose Names when discoverd y:r Orator humbly prays may be inserted in this bill of complaint & they made parties hereto wth apt words to charge them & every of them) how to wrong injure & oppress yr Orator & to deprive him of all his right title interest & benefit of in or to the sd Lands Tenements & Hereditam:ts & every or any part thereof by Virtue of the sd Settlement doth absolutely refuse to produce & shew to y:r Orator such deed & deeds of Settlem:t or permit him to view & peruse the same sometimes pretending that no such Deed or Deeds of Settlement were ever executed by the sd Henry Byne of the sd Lands Tenements & Hereditaments or any of them or of any other the real Estate of him the s:d Henry Byne but that the premises & all the real Estate late of the sd Henry Byne did imediately upon & after his decease or within some few years afterwards descend & come to her y:r Orat:rs sd Mother as his only Daughter & Heir at Law altho y:r Orat:r doth expressly charge that by Virtue of some Provision made for that purpose in such Deed or Deeds of Settlem:t She y:r Orators sd Mother & the Trustees in such Deed or Deeds nam’d or their Representatives or some of them have by Mortgage of all or some part of the Premises or by cutting down Timber growing on the sd premises & disposing thereof or otherwise raisd some considerable Sume of Money & paid the same unto the sd William Hancock or unto the sd Eliz: his Wife as and for the marriage portion of the sd Eliz: or otherwise to or for the use of the s:d William Hancock & Eliz: his Wife or one of them but the p[ar]ticulars of such Transactions Y:r Orators sd Mother & her Confederates refuse to discover to y:r Orat:r And at other times y:r Orators sd Mother does admit that the sd Henry Byne did make some Settlem:t of the premises & other his real Estate but pretends & insists that the same was so settled as to leave it in her power to create to her self an Estate of Inheritance in Fee Simple & to debar y:r Orat:r of & from any Estate tail or remainder of or in the same & that she hath so done or will so do & afterwards sell & dispose of or so settle & convey the premises as that the same or any part thereof shall never come or descend to y:r Orat:r Altho y:r Orat:r doth Charge that y:r Orators sd Mother is so conscious to her self that such her pretenses afores:d are fictitious & untrue that she hath lately offer’d to give y:r Orat:r the sume of Two Hundred Pounds if y:r Orat:r would release to her all his right title & interest in & to the premises but at the same time absolutely refus’d to discover to yr Orat:r what such his right title or interest is or what is the Yearly Value of the Lands & Tenements whereof & whereunto he is to release such his right & title & yet hath threatend that unless y:r Orat:r will so do She will settle or Convey the Premises after her own decease on y:r Orat:rs sd Sister & her Heirs or otherwise as she y:r Orators sd Mother shall think fit all w:ch Actings Doings & Pretences of the sd Frances Nugent & her Confederates are contrary to all right equity & good Conscience & tend to y:r Orat:rs disinherison & other his great wrong & injury In tender Considerat[i]on therefore of the premises & for as much as y:r Orat:r is remidiless in the Premises at & by the strict rules of the Com[m]on Law to have a discovery of the sd Deeds of Settlem:t & the purport & contents thereof or of the p[ar]ticulars & values of the Lands & Tenem:ts thereby setled or y:r Orators right & title thereto preservd but therein & in all other the prem[is]es -- is only & p[ro]perly relievable in a Court of Equity where matters of this nature are p[ro]perly cognizable & determinable & where yr Orat:r well hopes the s.d Frances Nugent & her Confe[der]ates will on their Corporal Oaths when thereunto required make such a discovery of the truth of the premises as will entitle y:r Orat:r to relief therein To the end therefore that the sd Frances Nugent Will:m Hancock & Eliz:h his Wife & the rest of the Conf[ede]rates when discoverd may true exsect answer make to all & singular the premises as fully & effectually as if the same were here again repeated & p[ar]ticularly interrogated unto & more especially that the s:d Frances Nugent may set forth & discover a true plain & particular Acco: of all the Mess: Lands & Tenements & Hereditam:ts whereof the s.d Henry Byne dyed seised & possd & where the same resp[ect]ively lye & in whose possession the same severally & resp[ect]ively now are & at or under what yearly or other rents & whether the same or some & wch of them were not so settled & conveyd by him as after the several deceases of himself & yr Orat:rs s:d Mother to come & descend to y:r Orat:r in tail male or for some other & waht Estate or how otherwise & in what manner the same were so settled & by what Deed or Deeds & that she may set forth the dates parties names purports & contents of all such Deeds & that the sd Frances Nugent Will:m Hancock & Eliz: his Wife may also set forth whether the sd Frances Nugent or the Trustees therein named or some & w.ch of them have or hath raisd some & what sume of Money by Mortgage or Sale of some & wch of the Lands or Tenements so settled or by cutting down Timber or otherwise & by what Deed or Deeds for the portion or otherwise for the use & behoofe of the s.d Eliz: & That the sd Frances Nugent may set forth whether she did note when where in what manner or before whome offer & p[ro]pose to give y:r Orat:r the sume of Two Hundred Pounds or some & what other Sume of Money if y:r Orat:r would release to her all his y:r Orat:rs right title & interest in & to the premises or any & what Lands Tenements & Hereditam:ts & for what reason she made such offer & that the said Deed & Deeds of Settlement & all other Deeds & Writings relating to the title of the premises may be brought before & left in the Hands of one of the Ma:rs of this Hon:ble Court or of such other p[ro]per p[er]son as this Hon:ble Court shall appoint for the preservation of y:r Orat:rs right & title in & to the premises and that y:r Orat:r may be further & otherwise reliev’d in the Premises according to Equity & as the nature of his Case requires May it please your Lord[shi]pp to grant unto your Orator his Majesties most gratious Writt or Writts of Subpena to be directed to them the s.d Frances Nugent William Hancock and Elizabeth his wife thereby comanding them and each of them at a certain day and under a certain pain therein to be limitted personally to be and appear before your Lordpp in this hon[oura]ble Court and then and there upon their corporall Oaths true answer make to all and singular the p[...]mes and further to stand to and abide such further order and Decree in the [...] as to your Lord[shi]pp shall seem meet to Equity and good Conscience And yo.r Orator as in Duty bound shall ever pray et --- W.m Snelling
from C 11/285/45:
To the Right Honourable Peter Lord King Baron of Ockham Lord High Chancellour of Great Britain
Humbly Complaining sheweth unto your Lordship your Orator Henry Nugent Son and Heir of Edmond Nugent late of the Parish of St Clements Danes in the County of Middlesex Gentleman of the Body of Frances his Wife your Orators mother [...] deceased who was only Daughter & Heir of Henry Byne late of Crowash als Crowhurst in the County of Surrey deceased That the said Henry Byne being seized in Fee or some other good Estate of Inheritance of and in severall Lands Tenements and Hereditaments situate lying and being in or near the parish of Crowash aforesaid and also in or near Harble Down in the Countys of Surrey & Kent of the yearly Rent or Value of one hundred and forty pounds and upwards He the said Henry Byne on the Intermarriage of your Orators said father and mother severall years since did settle and assure the said premisses to and upon himself for Life and after his Decease then on your Orators said Father & Mother for their Lives and the Life of the long Liver of them with Remainder to Trustees during their Lives to support and preserve the contingent Uses and Limitations therein after menconed from being defeated and destroyed with Remainder to the first and other Sons of that Marriage successively in Tail Male with other Remainder over or in some such manner that the said Edmond Nugent or the said Frances his Wife or either of them had no power to barr or defeat the Remainders so limitted to their Issue Male as aforesaid and your Orator further sheweth unto your Lordship that the said Henry Byne dyed severall Years since after after whose Death the said Edmond Nugent entred upon and held and enjoyed the said premisses during his Life and untill the time of his Death which happened about the year of our Lord One Thousand seven hundred and six And your Orator sheweth that the said Edmond Nugent left Issue by the said Frances living at the time of his Death your Orator his only Son and Elizabeth his only Daughter both of them Infants of very tender years after whose Death the said Frances your Orator’s said Mother entred upon and took possession of the said severall Lands and premisses But your Orator sheweth that the said Frances his Mother having formed to her self a design of getting the said Estate from your Orator when he should be of Age sufficient for that purpose and to settle the same upon the said Elizabeth his Sister who afterwards intermarried with William Hancock Gentleman Attorney at Law the said Frances your Orators said Mother did in order the keep your Orator ignorant of the Nature and Value thereof send your Orator at a Considerable distance from her and would not permit or suffer your Orator to be brought up at Schools or in any sort of Learning whereby your Orator when he attained his age of Twenty one Years was wholly ignorant of the Nature or Value of the said Estate or any Title he had thereto Nor was your Orator bred up to any Sort of Business or Employment whereby to get his Living otherwise than as herein after is menconed. And for want thereof your Orator was wholly dependant on the said Frances his Mother for his subsistence and had no other support but what she thought fit to give or allow him And your Orator sheweth that the said Frances his Mother the more effectually to keep your Orator in Ignorance of his Right or Title to the said Estate and premisses suffered your Oror to be taken as drawer or apprentice of a Vintner and at the same time refused to put him apprentice to an Apothecary of very good business who offered to take your Orator for ten pounds than is usually given with Apprentices to that Trade and your Orator sheweth that being out of his Apprenticeship and having no Stock wherewith to set up and knowing nothing of his Title to the said Estate and being out of all Business and Employment your Orator made frequent applications to his said Mother to assist him or make him some allowance out of the said Estate till such time as he could get into business but instead thereof his said Mother made such use of your Orators Necessityes and Ignorance that she pretended she could not allow him any or but a very small matter for his maintenance and Support And that the said Estate was not of above the value of Thirty or Forty pounds per Annum And that she had the sole and absolute power and disposall thereof and might give away the same as she thought fit or to that Effect But at the same time without Shewing or producing the said Settlement to your Orator or acquainting him with the Contents thereof she the said Frances insinuated to your Orator that to prevent any Trouble after her death and for a present support for your Orator she the said Frances would give or raise for your Orator the sume of Three hundred and fifty pounds or thereabouts in Case your Orator would release and relinquish all Right or Pretence of Claym in & to the said Estate and premisses And that in Case of his Refusall she the said Frances would do anything for him except he would come into her Measures and that she would not send him one Sixpense or to that Effect as by the said Letter and other Letters to that purpose when produced may appear And the said William Hancock having sometime before intermarried with your Orator’s said Sister did likewise at or about the same time declare or give that they must starve your Orator into a Compliance of taking a hundred or two of pounds for his Estate or to that very Effect Upon which your Orator sheweth that being under the greatest streights and difficulties and wholly ignorant and unacquainted with the Nature and Value of the said Estate and premisses as aforesaid was at length forced to submit to such Terms as the said Frances his Mother thought fit to impose on him And the rather for that your Orator not having the said Settlement in his Custody or power nor having ever seen the same or any Copy or Counterpart thereof was wholly ignorant of the true nature of his Right or Title in or to the said premisses and therefore could not treat with or offer the same to any other person or persons or make any Judgment concerning the true and reall worth or Value thereof or of your Orators Right or Interest therein or thereunto And your Orator sheweth that the more effectually to impose upon and draw your Orator into a Complyance with the schemes which had been before projected for the getting of your Orators said Estate from him it was industriously given out and insinuated to your Orator by the said William Hancock and Elizabeth his Wife or one of them by some other person or persons by their or one of their Order or Direction and with their Privity or Consent that your Orator was illegitimate and tho’ born in lawfull Wedlock yet that your Orator’s said Father the said Edmond Nugent had not been in England or had any other access or Conversation to or with the said Frances his Wife your Orators said Mother for some years before the Birth of your Orator And that in Consequence thereof your Orator could not make or derive to himself any Right or Title in or to the said Estate and premisses by or by vertue of or under any of the Limitations or Uses contained in the said Said settlement before mentioned and to give the better Colour to such their pretences the said Confederates refused to own or acknowledge your Orator by the name of Nugent but gave out or pretended that your Orator’s name was Newton or Taylor or Henman or some such name and that your Orator had no Right or Title whatsoever to the said Estate and premisses as the Son and Heir or Issue of the said Edmond Nugent his Father and your Orator was likewise made to beleive by the Councell or Person employed by his said Mother or by the said William Hancock and Elizabeth his Wife that your Orator had nothing to do with the said Estate and that Your Orator’s said Mother might give away the same as she pleased and that she was empowered so to do by the Settlement made on her marriage or to that Effect by all which Artifices Contrivances and Misrepresentations of the said severall persons concerned in the carrying on of the said Designes against your Orator of getting his Estate from him your Orator was at length prevayled on to execute some Deed or Writing which the said Frances his Mother or the said William Hancock had ordered or directed to be prepared without any advice whatsoever and without having any Draft or Copy thereof to peruse and consider of before he executed the same And Your Orator was likewise by the means aforesaid carried to Westminster where as he hath since been informed he hath suffered some Recovery or Recoverys of the said Estate and premisses and thereby as is pretended did absolutely vest the said Estate and premisses in the said Frances his Mother and her Heirs and thereupon your Orator received of the said Frances his Mother the said Sume of three hundred and fifty pounds But your Orator doth expressly charge and so the Truth is that in Case he did suffer any such Recovery that he was wholly ignorant of the nature thereof and knew nothing of his Title to the said Estate and premisses at the time of suffering the said pretended Recovery or of his executing the said Deed or Writing Nor was the said Settlement made of the Intermarriage of your Orator’s said Father and Mother or any Copy or Counterpart thereof produced or read to your Orator nor had your Orator at that time nor hath he ever yet seen or read the same or had any Copy or Counterpart thereof to peruse or advise upon And your Orator sheweth that notwithstanding the said pretences of your Orators Illegitimacy yet in the said pretended Deeds Recovery and Conveyances so unduly obtained from him as aforesaid your Orator is called or stiled Henry Nugent of London Vintner Son and Heir apparent of the said Frances Nugent and in Truth your Orator was and is the legitimate Son and Issue of the said Edmond Nugent his Father and was born in lawfull Wedlock and was and is registered or entred in the parish Book of St Clements Danes in the County of Middlesex as baptized by the name of Henry Nugent Son of Edmond Nugent and Frances his wife and is and was always so known and reputed to be till such time as the said Confederates set up the said pretence of his Illegitimacy in order to get away the said Estate from him as aforesaid But your Orator sheweth that the said Frances his Mother having by such unjust and unjustifiable Ways and Means as aforesaid gotten the said Estate and premisses from your Orator And the said Elizabeth your Orator’s said Sister having intermarried with the said William Hancock as aforesaid who was principally concerned in the preparing of the said Conveyances and in suffering of the said pretended Recovery and in the getting of the said Estate and premisses from your Orator She the said Frances did afterwards as is pretended by some Deed or Will or otherwise settle and convey or assure the said premisses to and upon the said William Hancock and Elizabeth his Wife or one of them and their Heirs and about the month of January last past departed this Life after whose Death the said William Hancock and Elizabeth his wife entred upon and took possession of the said Estate and premisses and your Orator having since discovered the great Fraud and Abuse put upon your Orator and being informed both of the nature and value of the said Estate and also of your Orators Title thereto your Orator hath severall times since his Mothers Death applyed himself to the said William Hancock and Elizabeth his Wife and acquainted them therewith And at the same time hath requested them to joyn in a Reconveyance of the said Estate & premisses to your Orator on his payment Back of the said Sume of three hundred and fifty pounds or of a proportionable part thereof with Regard to the Right of the said Elizabeth his Sister in and to her said Mothers personall Estate And your Orator well hoped that the said William Hancock and Frances [sic] his Wife knowing the Truth of the premisses to be as herein before set forth would readily have complyed therewith But now so it is may it please your Lordship that the said William Hancock and Elizabeth his Wife confederating and combining together and with diverse other persons to your Orator unknown whose names when discovered your Orator prays may be inserted herein with apt words to charge them as Defendants to defeat and defraud your Orator of his just Right and Inheritance the said William Hancock and Elizabeth his Wife do now pretend and set upon absolute Right and Title in & to the said severall Lands and premisses by and under the said pretended Deed or Will of the said Frances your Orator’s said Mother sometimes pretending that they know nothing of the settlement herein before mentioned to be made on the Intermarriage of your Orators said Father and Mother or of your Orator’s Right or Title in or to any of the said Lands and premisses by or under such Settlement and at other times the said Confederates do pretend to insist on your Orators not being the legitimate or lawfull Issue of the said Edmond Nugent and Frances his Wife and at other times do pretend that in Case your Orator be legitimate and ever had any Right or Title in Remainder expectant on the Death of his said Mother in or to the said premisses or any part thereof that the same is well and effectually barred or destroyed and extinguished by the said Deed and Comon Recovery which as they pretend was and were so so[sic] executed and suffered by your Orator as aforesaid Whereas your Orator doth expressly charge and so the truth is that the said Deed and Recovery so obtained from your Orator in such Manner and under such Circumstances as aforesaid ought not to prevayl or be set up or made use of against your Orator But the same ought to be set aside or at least your Orator ought to have a Reconveyance of the said Estate and premisses on the payment of the said Sume of Three hundred and fifty pounds or of a proportionable part thereof as aforesaid And your Orator sheweth that the said Edmond Nugent his father was likewise at the time of his Death possessed of interested in or intituled to a very considerable personall Estate considering in ready Money Bonds Bills Notes Mortgages and other Securityes for Moneys and also of and in diverse sorts of Household Stuff and Household Goods Plate Linnen and other Furniture Goods Chattells and Effects to the Amount or Value of three thousand pounds and upwards All which the said Frances his Widow possessed her self of at or imediately after his Death And the said Edmond Nugent dying intestate your Orator as one of his Children was and is intituled to at least one third part thereof and the said France his Mother having taken out Letters of Administration to the said Edmond Nugent his Father ought to have accounted with and paid and satisfied your Orator his full and just share thereof which she never did And your Orator sheweth that the said Frances his Mother before her Death made her last Will and Testament in Writing and thereof constituted and appointed the said William Hancock and Elizabeth his Wife or one of them to be Executor or Executors thereof and they or one of them have or hath not only proved the same but have likewise taken out Administration de Bonis non &c to the said Edmond Nugent your Orators said Father And by vertue thereof have possessed themselves of the severall personall Estates both of the said Edmond Nugent and of the said Frances his Wife And your Orator hath severall times applied himself to the said William Hancock and Elizabeth his Wife and requested them to come to an Account with your Orator touching the severall personall Estates of the said Edmond Nugent and the said Frances his Wife and to pay and satisfy your Orator his full and just share and proportion of his said late father’s personall Estate and likewise to reconvey the said severall Lands and premisses to your Orator and his Heirs on the terms aforesaid which nevertheless upon the pretences aforesaid or other like frivolous and unjust pretences they do absolutely refuse to comply with All which actings and doings of the said Confederates are contrary to Right Equity and good Conscience and tend to the utter Ruin Disinherison and Injury of your Orator In Tender Consideration of the premisses and for as much as your Orator is utterly remediless in the premisses by the strict rules of the Comon Law And can have no Account Discovery or Releif for or concerning the premisses elsewhere than in a Court of Equity before your Lordship and the Rather for that your Orators Witnesses who could prove the Truth of the premisses to be as herein set forth are either dead or gone into places remote and unknown to your Orator So that your Orator cannot have the benefit of their Testimony nor have effectuall Releif without a discovery of the severall transactions but by the answer of the said Confederates To the End therefore that the said William Hancock and Elizabeth his Wife may true and perfect answer make to all and singular the premisses as fully and particularly as if the same were herein again particularly repeated and interrogated And more especially that they may set forth and discover whether they do not know or have heard and do beleive that there was such Settlement or to some such or the like Effect as herein before is menconed made upon the Intermarriage of your Orators late father and mother or some other and what settlement Deed or Writing whereby your Orator ever had any Right or Title or Estate in particular in or to the premisses in question and that they may set forth and discover where or in whose Custody or Power the said Settlement is or lately and when last was as they know or have heard and do beleive and that they may set forth the same in hoc verba and may also discover whether your Orator ever executed any and what Deed Writing or Conveyance whereby to debarr or hinder him from the said Estate and premisses from and after the Death of his said Mother And if he did that they may then set forth the same in hoc verba and what was the the Consideration thereof and whether they do not know or have heard and do beleive that your Orator was drawn in and prevayled upon to seal and execute the same in such manner and upon such arguments or Threats as are herein before menconed or upon what other arguments motives or perswasions and that they may likewise set forth and discover whether the said Settlement was produced or read to your Orator at or before the time of his sealing and executing of the said pretended Deeds or Writings or whether your Orator knew or was apprized of the Nature of Contents of the said Settlement at the time of his sealing and executing of the said pretended Deeds or Writings or whether he ever had any Copy or Counterpart thereof to peruse advise upon or consider of before he executed the said pretended Deeds or writings or why or for what reason he had not and in whose Custody or Power was the said Settlement at or about that time as they know or have heard and do beleive and that they may set forth whether they do not know beleive or have been informed and by whom that the said Frances your Orators said Mother gave or allowed your Orator little or nothing towards his support or maintenance from the time of his being first apprentice to a Vintner to the time of your Orator’s executing the said Deed or Writing and suffering the said Comon Recovery so by them pretended to be executed and suffered by your Orator as aforesaid and what or how much such allowance if any was yearly or by the year or how otherwise according to the best of their knowledge remembrance and beleif and whether they know beleive or have been informed and by whom that the said Frances your Orators said Mother would or would not have advanced to your Orator the said Sume of three hundred and fifty pounds or any other and what sume towards his support and Maintenance In Case your Orator had refused to have executed the said Deed or Writing and to have suffered the said Common Recovery by the said Confederates so pretended to be executed and suffered by your Orator as aforesaid and whether the said Confederates or one and which of them did or did not advise the the said Frances your Orator’s said Mother not to advance the said Sume of Three hundred and fifty pounds or any Money or but very little and how much to your Orator in Case of his refusing to execute the said Deed or Writing and to suffer the said Comon Recovery and whether the said William Hancock hath not said or declared that they must or would starve your Orator into a Complyance of taking a hundred or two of pounds for his Estate or to some such or the like effect and whether they the said Confederates or either and which of them ever spoke in Favour of your Orator to the said Frances your Orators said Mother so as to perswade her to do anything or part with any Moneys for the Benefit of your Orator or whether on the Contrary they did not perswade or insinuate to your Orator’s said Mother that she should do nothing for your Orator unless he would seal and execute the said Deeds or Writings or would part with his said Estate or with his Right or Interest therein or to that Effect and whether they did not perswade insist or insinuate to your Orator that he should alter change subscribe or go by some other name than by the name of Henry Nugent and by what other name or names in particular whether they did not give out or insinuate such Speeches or Declarations as are herein before menconed touching the Illegitimacy of your said Orator and why or for what Reason they so did and whether they did not likewise give out and pretend that your Orator had no Right or Title whatsoever to the said Estate and premisses or to any part thereof or had nothing to do therewith or to some such or the like Effect and why or for what Reason or with what views or motives they did give out or declare the same And that they may likewise set forth and discover what was or is the Yearly Rent Value or Income of the said Estate and premisses and where scituate and being and in whose Tenure Possession or Occupation respectively and at and under what Yearly or other Rents or Reservations and that they may likewise set forth and discover whether they do not know beleive or have heard and when where and from whom that your Orator was informed and when and from whom and whether by themselves or not or by the said Frances his Mother that the Estates by him conveyed as aforesaid were not worth above forty pounds per annum and that your Orator’s late Mother had a power to dispose thereof as she pleased and whether they do not beleive that if your Orator had known the true value of such Estate and his Title thereto he would not have conveyed the same for so small a Consideration and that the said Deeds and Conveyances so made and executed by your Orator may be set aside and that your Orator may be let into possession of the premisses and that the said William Hancock and Elizabeth his Wife may come to a fair and just account with your Orator touching the personall Estate of the said Edmond Nugent his Father and of the said Frances his Mother and may set forth a full true and particular account and Inventory thereof and may set forth how & in what manner when and to what the same and every part thereof have or hath been paid or applyed and disposed off And that your Orator may be paid and satisfied his full and just Share of his said late fathers personall Estate and may be otherwise releived as the nature of his Case shall require May it please your Lordship the premisses considered to grant to your Orator his Majesty’s most gracious Writ or Writts of Subpena to be directed to them the said William Hancock and Elizabeth his Wife thereby comanding them at a certain day and under a certain [] therein to be limited personally to be and appear before your Lordship in his Majesty’s high Court of Chancery then & there true and perfect answer to make upon their respective Corporall Oath & Oaths to all and singular the premisses & that as fully and particularly as if the same were herein again particularly repeated and interrogated and further to stand to and abide further order and Decree as to your Lordship shall seem meet And your Orator shall ever pray
Cha: Robins.
Middlemore
Horne [&] E Goodman
The further Joynt and Severall Answers of Wm Hancock and Elizabeth his Wife to the Bill of Complaint of Henry Nugent Complt
These Defendants Saving and reserving to themselves both now and at all times hereafter As in and by their former answer they have Saved and reserved for further Answer to the Complts said Bill of Complaint or so much thereof as these Defts are advised is any wise materiall or necessary for them to make Answer unto They these Defts Answer and Say that they do not know or beleive That Henry Byne in the Bill named Did ever Settle or assure the Estate and premisses in the bill menconed or any part thereof to Such uses as in the Bill charged and Suggested But these Defendants Say and Confess they believe that the said Henry Byne Sometime after the Marriage of Frances his Daughter with Edmund Nugent in the bill named this Deft Elizabeths later Father and Mother Did make Some Settlement of the said Estate and premisses in Such manner or to Such Uses as that the said Edmund Nugent and Frances his wife or either of them had no power to barr of Defeat the Estate or Remainder by Such Settlement Lymitted to the Eldest Son or other Issue Male of the said Frances Lawfully begotten But as to the particular uses and Lymittacons of the said Settlement these Defts crave Leave to referr to the said Settlement itselfe when the Same shall be produced And these Defts deny that they know or believe That after the death of the said Edmund Nugent the said Frances his Wife having formed to herself a designe of getting the said Estate and premisses in the Bill menconed from the Complaint when he sh’d be of age Sufft for that purpose Did in order to keep the Complainant Ignorant of the nature and Value of the said Estate and premisses or for any Such Intent or purpose Send the Complainant at a considerable distance from her Or would not to that End or purpose permitt or Suffer the Complainant to be brought up at Schoole in any Sort of Learning as by the Complainants Bill is Suggested But on the Contrary these Defendts Say that the Complainant was brought up at Schools and taught to Read and Write and Instructed in accounts and afterwards putt apprentice to a Vintner of good Repute But these Defendants admitt and Believe that the Complainant was so Educated and placed apprentice in a private manner For that the Complainant was Looked upon and Treated even by the said Frances his Mother (as the truth was as these Defts verily believe) as Base Borne and Illegitimate As in these Defendants former Answer is more particularly and at Large Sett forth and these Defts Say they do not know nor can Sett forth whether the Complainant when he attained the age of one and twenty years was or was not Ignorant of the nature or Value of the said Estate and premisses in the Bill menconed or of his pretended Title thereto But these Defts do verily believe that the Complt at the time of his agreement and Executing the Conveyances in these Defts former answer menconed well understood and was apprized of the Nature and Value of the said Estate and premisses and was Conscious to himself that in truth and reallely he had no manner of Right or Title thereto whatsoever by reason of his Base Birth and Illegitimacy as aforesaid and had therefore no other hopes or Expectacons of benefitt from the said Estate but what he could gett from the said Frances his Mother to Avoid the Shame of Exposeing herself and the Complainant to the World and these Defendts deny that they know or believe that the Complainant was not brought up to any Sort of Business or Employment Or was wholly dependant on the said Frances his Mother for his subsistance or had no other Support but what she thought fitt to give or allow him But on the Contrary these Defendants Say that the Complainant was brought up to the Trade or Business of a Vintner as aforesaid and was able to Support and maintaine himself and actually did so for Severall Years before the agreemt and Execucon of the Deed and Conveyance in these Defts former answer menconed and these Defendants Say they do not know or believe that the said Frances the Complts Mother Did make use of the Complainants Necessityes or Ignorance that she pretended she could not allow him any or but a very Small matter for his Maintenance and Support Or that the said Estate was not of above the Value of thirty or Forty pounds per ann. But these Defts Say they believe that the said Frances might or did pretend as the truth really was that she had the Sole and absolute power and disposall of the said Estate and premisses For and Notwithstanding any right or Interest the Complainant had therein and might give away the Same as she thought fitt or to that Effect and these Defts Say they do not know or believe that the said Frances the Complts said Mother did ever Insinuate to the Complainant that to prevent any Trouble after her death and for a present Support for the Complainant she the said Frances would give or raise for the Complainant the Sume of Three hundred and fifty pounds in the bill menconed or thereabouts In Case the Complainant would Release and Relinquish all right or pretence of Claime in and to the said Estate and premisses Or that in Case of his Refusall she the said Frances wd give away the said Estate and premisses wholly from the Complainant and that the Complainant might Shift for himself as well as he could Or to that or the like Effect But on the Contrary these Defts Say and verily believe that the agreemt and Conveyances and Release by the Complainant in these Defts former answer menconed were fairly and deliberately made and Entred into by the Complainant without any manner of Compulsion Threat or any Unfair Insinuation by the said Frances his Mother or any other person whatsoever and these Defts verily believe that the Consideration Money of Three hundred and fifty pounds in the Complainants Bill and in these Defendants former answer menconed to be paid the Complainant was not first menconed and proposed by the said Frances the Complainants Mother But by the Complainant himself or Some other person on his Behalfe And these Defendants deny they know or believe that the Complainant being under any Streights or Difficultyes or wholly Ignorant of or Unacquainted with the Value of the said Estate and premisses or otherwise was forced to Submitt to Such Terms as the said Frances his Mother thought fitt to impose on him Nor was the Complainant to the knowledge or belief of these Defendants ever prevailed with to Execute any Deed or Writing which the said Frances his Mother had ordered or directed to be prepared without any advice whatsoever or without having any Draft or Copy thereof to peruse and consider of before he Executed the Same But on the Contrary these Defts Say they verily believe and doubt not if necessary to prove that the Complainant and his agent had Drafts or Copyes of the Deeds of Conveyance in these Defts former answer menconed and Settforth and did Carefully peruse and consider the Same before the Execucon thereof Nor was there any manner of Surprize or Imposition on the Complainant in obtaining or in his Executing the Same as these Defts know or in the Least believe and these Defts Say that the Complainant did Suffer Such Comon Recovery as in these Defts former Answer & the Deed or Conveyance therein Settforth is mentioned and these Defendant Say they verily believe the Complainant well understood the nature of the said Recovery But as to his being Ignorant of his Title to the said Estate and premisses at the time of his Suffering Such Recovery Or Executing the Deed or Conveyance in these Defts former Answer menconed These Defendants Say they do not know or believe that in Fact or in truth the Complainant ever had any manner of Right or Title to the said Estate and Premisses whatsoever But if he had these Defendants verily believe the Same was fully Agreed and Intended by him to be absolutely Barred and Conveyed to the said Frances his Mother by the said Conveyance and the Fine and Recovery in these Defendants former answer menconed and Settforth And that he had all the Informacon & satisfaction(?) touching his sd pretended right & title that he desired [] the Defent Wm Hancock for himself Sayth that he was concerned in the preparing the said Conveyance and Suffering the said Fine and Recovery at the Instance and desire of the sd Frances the Complainants Mother and with the approbacon and privity of the Complainant himself And this Defendt Wm Hancock denyes that he was concerned in getting the sd Estate and premisses from the Complainant otherwise than as this Defendt did assist the said Frances the Complainants Mother with his advice and pains in furthering an accomodation with the Complainant which the said Frances Seemed alwayes very desirous of But from the only Motive as this Defendant Wm Hancock verily believes to prevent Shame and Dishonour to herself and the Complainant in further prosecuting the Suite in the Bill and these Defts former answer menconed and both these Defts deny that they know believe of have heard Save by the Suggestions in the Complainants now Bill of Complaint that the Complainant was ever Informed by any person whatsoever that the said Estates by him Conveyed were not worth above forty pouns per ann. And these Defendant Say they do not know nor can Settforth Nor have they any reason to Induce their beliefe one way or other whether the Complainant was ever Informed that his said Mother had a power to dispose of the said Estate as she pleased But these Defendants believe that as to any Reall right or Interest the Complainant had in the said Estates the said Frances the Complainants Mother might have disposed of the Same as she thought fitt And these Defendants deny they believe that if the Complainant had known the full Value of the said Estate / Which as to anything these Defendants know to the Contrary he did) and of his Title thereto he would not have Conveyed the Same for so Small a Consideration as herein before and in the Complainants Bill menconed But on the Contrary these Defts Say they verily believe that the Complainant on due Consideration both of the Value of his pretended Title to the said Estate and premisses did freely and fairly Execute Such Conveyance thereof as herein before and in these Defendants former Answer menconed And Lastly these Defts do deny all and all manner of Unlawfull Confracy and Combination in and by the Complts said Bill of Complaint charged against these Defts Without that that any other matter or thing in the Complainants said Bill of Complaint contained materiall or Effectuall in the Law for these Defts to make Answer unto and not herein or hereby or in their former Answer well and Sufficiently answered unto Confessed or avoided have [] or denyed to have all which m[] and things these Defts are ready to averr and prove as this honable Court shall award and humbly pray to be hence Dismissed with their reasonable Costs and Charges in this behalfe most wrongfully Sustayned
I. Floyer
Incipit Las. 1727 Bram apud res ad Collins
[...]ubi Jurat [Leto] Die May Anno Dni 1728 Curam []
The Joynt and Severall answers of Wm Hancock Gent and Elizabeth his Wife to the amended Bill of Complaint of Henry Nugent Complainant
These Defendants now and at all times hereafter Saving and reserving to themselves all and all manner of benefitt and advantage of Excon to the Errors Untruths Incertainties and Imperfecons in the Complainants sd amended Bill of Complaint Contained for ansrs & thereunto or to so much thereof as these Defendts are advised to be mater for them to make answr unto They answer and Say That they do not know nor even heard Save by the Suggestion in the Complaints said amended Bill that the Complainants Mother in the bill named Did ever refuse to putt the Complt an apprentice to an apothecary But these Defends Say they have heard and do believe that the Complainants said Mother Did either place or Suffer the Complainant to be placed or taken as a Drawer or apprentice to a Vintner But these Defendants do not know or believe that any such thing was done or Suffered by the Complainants said Mother with any intent of keeping him thereby or the more Effectually in Ignorance of any right or Title which he had or now pretends to have had to the Lands and premisses in his said Bill menconed and these Defendts deny that they know or believe that the Complainant ever made any applicacons to his said Mother for any particular allowance out of the said Estate and premisses in the Bill or that the Complainants said Mother ever made any unfair or unjust use or advantage of the Complainants necessityse or Ignorance of his said pretended right and Title of that she pretended she could not give or allow the Complainant any thing or but a very Small matter for his Maintenance and Support or that the sd Estate was not above the Value of thirty or forty pounds per ann. But these Defendts believe the Complainants said Mother Did from time to time procure for and allow the Complainant such Support and Maintenance as she could gett or afford or as she thought was Prudent and advisable in respect to the Unhappy Circumstances of the Complainants being begott and born in her husbands absence as in these Defendants answr to the Complainants Originall Bill is particularly and as these Defents verily believe truely settforth and these Defendts Say that they are Strangers to what Letter or Letters the Complts said Mother wrote to him at or about the time in the Bill menconed and therefore referr to Such Letter or Letters themselves when the same shall be produced and this Defendt Wm Hancock denys that he did at any time declare or give out that they must Starve the Complainant into a Complyance of taking a hundred or two of Pounds for his Estate or to Such Effect and these Defendants deny they know or believe that the Complainant under any Such Circumstances as alledged in his Bill or otherwise was forced or Induced to Submitt to Such Terms as the said Frances his Mother thought fitt to impose on him But the whole affair of the Complainants Conveying or Releasing his pretended right or Interest in the Estate and Lands in the Bill menconed was fairly transacted in Such manner as in these Defendts said former answr menconed and Settforth and these Defendts Confess and admitt it to be true That they did pretend and give out as they verily believe the Truth to be that the Complainant was and is Illegitimate But these Defendts deny that they ever so pretended or gave out in order to gett from the Complainant any Estate he had just Title to or with any other Unjust view or designe to wrong or Injure the Complainant in any respect whatsoever and these Defendts deny to their knowledge or belief that the Complainant was made to believe by the Counsell or other Person employed by the Complainants said Mother or by these Defendants That the Complainant had nothing to do with the said Estate in case he were Legitimate or that the Complts said Mother would in such Case give away the Same as she thought fitt or was Empowered so to de by the Settlemt made on her Marriage or to any such Effect and these Defendants say that the Conveyance Executed by the Complainant for the passing and Extinguishing his pretended right to the Lands and premisses in the Bill menconed was drawn prepared and Executed in the manner as in these Defendants said former answers or one of them Settforth and these Defendants Say they do not know or can Settforth whether the Settlemt in the Bill menconed and herein after Settforth or any Copy or Counterpart thereof was or was not produced or read to the Complainant at or before the time of the Complainants Executing the Deed or Conveyance and Suffering the Recovery in the Bill and these Defendts said former answer menconed But these Defendts verily believe the Complainant might have had the Sight and perusal of the said Settlemt or a Copy thereof if he had thought fitt or had desired the Same and these Defendants confess it to be true that in the Deed or Conveyance in the Bill and these Defendants former answer menconed to be Executed by the Complainant he is wrote or described by the Name of Henry Nugent Son and Heire Apparent of the said Frances Nugent his Mother which these Defendants verily believe was done not from any Sence or Consciousness in the said Frances Nugent or other partyes to the said Deed of the Complainants Legitimacy But as the said Deed was designed as a means to quiet any disputes or Differences that might arise abt the said Estate and premisses thereby intended to be Released by the Complainant so it was not thought proper or kind with respect to the Complainant or his said Mother that the Complainants Illegitimacy shd appear upon the face of the said Deed or be perpetuated to Posterity under the hands both of the Complainant himself and his said Mother and these Defendants say they have heard and do believe it to be true that the Complainant was baptized and Registred as the son of Edmd Nugent and as a Legitimate Child But these Defendts verily believe and doubt not to prove when necessary that the Same was so done by the said Frances the Complainants Mother the better to Cover and Conceal her Shame and to prevent her being Exposed to the World at that particular time of her Lying inn as she must have been in case it had been known or Suspected that she lay Inn of an Illegitimate Child but as Soon as that was over and imediately afterwards the said Frances the Complainants Mother owned and acknowledged the Complainant to be Illegitimate and always treated him and bred him up as Such in great privicy and obscurity in the manner as in these Defendts said former answer is menconed and Settforth and these Defendts Say they believed the Settlemt in the Complaints bill menconed and enquired after at the time of the Complts Executing the Deed or Conveyance and Suffering the Comon recovery in the bill and herein before & in these Defendts first answr menconed was in the hands or power of the Complaints said Mother Frances Nugent and these Defendants Say they do not know nor can Settforth what particular allowance the Complainants said Mother made or allowed to him at the time of his first being placed out an apprentice or at any other time and these Defendts Say they believe the Complainants said Mother would not have advanced to him the Three hundd and fifty pounds in the Complainants Bill and these Defendts first answer to the Complts Original Bill menconed But upon the Complainants Executing Deed or Conveyance and Suffering the Recovery herein before and in these Defendts said first answer menconed and Settforth and upon affirm apprehension and beliefe that the Complainant would have been fully and Entirely Satisfyed and Contented therewith and these Defents deny they ever advised or perswaded the Complts said Mother not to provide for or part with any thing to the Complainant unless he would Seale and Execute the aforesaid Deed or Conveyance or to any such Effect or purpose and these Defendts likewise deny that they ever Saw or had any personall knowledge of the Complainant from at or abt the time of his Birth untill at or abt the time of his the Complainants Executing the aforesd Deed of Conveyance and Suffering the said Recovery much less did these Defendts ever perswade Insist or insinuate to the Complainant that he shd alter Change Subscribe or go by some other name than by the name of Henry Nugent as suggested in the said Complainants said amended Bill and this Defendt Wm Hancock Sayth and admitts that he has in his Custody or power a certaine Deed or Settlemt which he this Defendt believes to be the Deed or Settlemt Enquired after and required to be Settforth by the Complainants said amended Bill and which said Deed or Settlemt this Defendt hath accordingly herein Settforth in hec Verba and the Same is as follows vizt This Indenture made the four and twentyeth day of Janry in the third year of the Reigne of our Sovereign Lord James the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith & anno Dni One thousand six hundred and Eighty Seven Between Henry Byne of the Parish of St James within the Liberty of Westmr Esqr of the One part and John Monk of Kingston Bowsy in the County of Sussex Esqr Walter Bridger of Hamo in the County of Sussex Esqr Edward Waldo of the Middle Temple London Esqr and Wm Scrace of Steyning in the County of Sussex Gent of the other pt Witnesseth That whereas the said Henry Byne is Seized in Fee Simple to him and his Heirs of and in diverse Messes Lands Tenements and Hereditaments with their Appurts Scituate lying and being in Crowhurst Lymffield and Oastes Some or one of them or elsewhere in the County of Surry and of and in the Mannors of Little Brusted als Pouldhurst and Ouldberston with the appurts and of and in diverse Messes Lands Tenemts and Hereditamts with the appurts in the parish of Harbledown or elsewhere in the County of Kent and whereas there is an Annuity or Yearly rent granted and to be Issuing out of the said Mannors and premisses in the County of Kent or Some part thereof payable to Eliz: now wife of the said Henry Byne during her reall Life from and after the decease of the said Henry Byne in case she happen to survive him the said Henry Byne Now this Indenture Witnesseth That for and in Consideracon of the naturall Love and affeccon which the said Henry Byne beareth to and for his Relacons herein after menconed and that the premisses may continue and be in his Blood and family and for Settling the premisses as is wherein after Expressed The said Henry Byne doth for himself and his Heires Covenant and Grant to and with the said John Monk Walter Bridger Edward Waldo and Wm Scrace and the Survivor and Survivors of them and the Heirs of Such Survivor That he the said Henry Byne and his Heirs and all and every other person or persons having or Claiming any Estate of and in the premisses shall stand and be Seized of an in all and Singular the premisses with the appurts To the uses intents and purposes herein after menconed that is to Say To the use of the said Henry Byne for and during the Terme of his nrall life without Impeachmt of or for any manner of waste and from and after his decease The Remr to the use of the said John Monk Walter Bridger Edward Waldo and Wm Scrace and the Survivor and Survivors of them and the Heirs of Such Survivors during the Life of Frances Nugent herein after menconed In trust that they the said John Monk Walter Bridger Edward Waldo and Wm Scrace and the Survivors and Survivor of them and the Heirs of Such Survivor shall and may take the rents issues and profitts of the premisses in Rent or so much thereof as is charged with the said annuity or Yearly rent Charge and out of the said rents issues and profitts pay the said annuity or yearly rent charge of fifty pounds per ann. to the sd Eliz: during the Terme of her naturall Life as the Same shall become payable if she shall Survive the said Henry Byne and the residue of the rents issues and profitts thereof during the Life of the said Eliz: and after her decease the whole rents issues and profitts together with the rents issues and profitts of all and Singular other the premisses which they are also to take and receive first deducting their reasonable Charges shall and will pay to the hands or order of Frances Nugent Daughter of the sd Henry Byne and Wife of Edmund Nugent Gent during her nrall Life for the Sole and proper use of the said Frances Nugent destinct from her said Husband who shall have no power about or Interest in the Same but the Receipt order or discharge of the said Frances Nugent without her Husband shallbe from time to time a sufft discharge to and for the said John Monk Walter Bridger Edward Waldo and Wm Scrace and the Survivor and Survivors of them and the Heirs of Such Survivor. And from and after the decease of the said Frances Nugent then the remr to the use of the Child if but one of the sd. Frances Nugent and the Heirs of the body of Such Child but in case the sd. Frances Nugent shall Leave at the time of her decease Severall Daurs and no Son them the Remr to the use of Such Daughters and the Heirs of the body of Such Daurs But in case the said Frances Nugent shall Leave at the time of her decease more Children then one whereof one or more shall be Son or Sons then the remr to the said John Monk Walter Bridger Edward Waldo and Wm Scrace and the Survivor and Survivors of them and the Heirs of Such Survivor during the life of the Eldest of the said Frances Nugent for the time being less in this Trust that they the said John Monk Walter Bridger Edward Waldo and Wm Scrace and the Survivor and Survivors of them and the Heirs of Such Survivor shall and may during the Life of Such Eldest Son take the rents issues and profitts of all and singular the premisses and thereout pay themselves their reasonable Charges and allow to such Eldest Son Const Maintenance as they shall think fitt and out of the residue of the rents issues and profitts raise and pay to each of the younger Children of the said Frances Nugent three hundred pounds if there shall not be more than two of them But if there shall be more of the said Younger Children than two then to each of them two hundred pounds Provided always that when such persons shall be so raised or if the said Eldest Son shall pay the Same and Trustees reasonable Charges the said John Monk Walter Bridger Edward Waldo and Wm Scrace and the Survivor and Survivors of them and the Heirs of Such Survivor shall Convey the premisses to such Eldest Son during Such their Estate But in case the said Frances Nugent shall dye without Issue of her body then the Remr to the use of Wm Byne brother of the sd Henry Byne and the Heirs of his body and for default of Such Issues then to the use and behoofe of the Rt Heirs of the sd Henry Byne for Ever Provided always and upon Condicon Nevertheless that it shall and may be Lawfull to and for the said Henry Byne at any time during his nrall Life to revoke and make void the uses and Trusts herein and hereby made raised and Declared and to declare or not to declare New uses or Trusts as to the premisses in part or in the whole as he shall think fitt by any Deeds or Deeds or by his Last Will in Writing Executed by him in due forme of Law in the presence of two or more Credible Witnesses Provided always and it is hereby agreed that it shall and may be Lawfull for the said Henry Byne from time to time and at all times hereafter to make Such Lease or Leases of the Premisses or any part thereof for any number of Years and under Such rents and Covenants as he shall think fitt. In Witness whereof the said partyes to these presents have whereunto sett their Hands and Seals the day and Year first above written Henry Byne Sealed and deliv’d by the within named Henry Byne in the presence of Sa’tt Corbett John Balmforth Richard Phillips and Lastly these Defts do deny all and all manner of Unlawfull Confracy and Combinacon in and by the Complts sd amended Bill charged agt these Defts Without that that any other matter or thing in the Complaints said Bill of Complaint contained materiall or effectuall in the Law for them the sd Defts to make answer unto and not herein and hereby well and sufftly answered unto confessed or avoided traversed or denyed is true all which m[] and things these Defendants are ready to averr Justifye maintaine and prove as this honoble Court shall award and humbly pray to be here Dismissed with their reasonable Costs and Charges in this behalfe most wrongfully Sustayned.
[?]Brackley … 1727
from C 11/285/49:
To the Right Honourable Peter Lord King Baron of Ockham Lord High Chancellor of Great Brittain
Humbly Complaining sheweth unto your Lordship your Orator Henry Nugent Son and Heir of Edmund Nugent late of the Parish of St Clements Danes in the County of Middlesex Gentleman on the Body of Frances his Wife your Orators late Mother deceased who was only Daughter and Heir of Henry Byne late of Crowash als Crowhurst in the County of Surrey deceased. That the said Henry Byne being seized in Fee or of some other Good Estate of Inheritance of and in severall Lands Tenements and Hereditaments scituate lying and being in or near the Parish of Crowash and also in or near Harble Down in the Countys of Surry and Kent of the yearly Rent or Value of one hundred and forty pounds and upwards He the said Henry Byne on the Intermarriage of your Orators said Father and Mother severall years since did settle and assure the said premisses to and upon himself for Life and after his Decease then on your Orators said Father and Mother for their Lives and the Life of the longer Liver of them with Remainder to Trustees during their Lives in trust to support and preserve the Contingent Uses and Limitations therein after mentioned from being defeated and destroyed with Remainder to the First and other Sons of that Marriage successively in Tail male with other Remainders over or in some such Manner that the said Edmond Nugent and the said Frances his Wife or either of them had no power to barr or defeat the Remainder so limited to their Issue male as aforesaid And your Orator further sheweth unto your Lordship that the said Henry Byne dyed severall years since after whose Death the said Edmond Nugent entred upon and held and enjoyed the said premisses during his Life and untill the time of his Death which happened about the Year of our Lord One Thousand Seven hundred and Six And your Orator Sheweth that the said Edmond Nugent left issue by the said Frances living at the Time of his Death your Orator his only Son and Elizabeth his only Daughter both of them Infants of very tender years after whose Death the said Frances your Orator’s said Mother entred upon and took Possession of the said severall Lands and premisses but your Orator sheweth that the said Frances his Mother having formed to her self a design of getting the said Estate from your Orator when he should be of Age sufficient for that purpose did in order to keep your Orator ignorant of the Nature and Value thereof send your Orator at a Considerable distance from her and would not permit or suffer your Orator to be brought up at School or in any or in any sort of Learning whereby your Orator when he attained his age of Twenty and One years was wholly ignorant of the Nature or Value of the said Estate or of any Title he had thereto nor was your Orator bred up to any Sort of Business or employment whereby to get his Living And for want thereof your Orator was wholly dependant on the said Frances his Mother for his Subsistance and had no other Support but what she thought fit to give or allow him And your Orator sheweth that the said Frances his Mother made such Use of your Orator’s necessity and Ignorance that she pretended she could not allow him anything or but a very small matter for his Maintenance and Support and that the said Estate was not of above the Value of Thirty pounds or Forty pounds per annum and that she had the sole and absolute Power and Disposall thereof and might give away the same as she thought fit or to that Effect But at the same time without shewing or producing the said Settlement to your Orator or acquainting him with the Contents thereof She the said Frances insinuated to your Orator that to prevent any Trouble after her Death And for a present Support for your Orator she the said Frances would give or raise for your Orator the sume of Three hundred and fifty pounds or thereabouts in Case your Orator would release and relinquish All Right or Pretence of Claym in and to the said Estate and premisses And that in Case of his Refusall She the said Frances would give away the said Estate and premisses wholly from your Orator And that your Orator must shift for himself as well as he could or the said Frances expressed her self to your Orator to that or the like Effect Upon which your Orator sheweth that being under the greatest Streights and difficultyes and wholly ignorant and unacquainted with the Nature and Value of the said Estate and premisses as aforesaid was at length forced to submitt and did accordingly consent and submit to such Terms as the said Frances his Mother thought fit to impose on him and thereupon your Orator was prevayled on to execute some Deed or Writing which the said Frances his Mother had ordered or directed to be prepared without advice whatsoever And without having any Draft or Copy thereof to peruse or consider of before he executed the same and your Orator was likewise by the Meanes aforesaid carryed to Westminster where as he hath since been informed he hath suffered some Recovery or Recoveryes on the said Estate and premisses And thereby as is pretended did absolutely vest the said Estate and premisses in the said Frances his Mother and her Heirs and thereupon your Orator received of the said Frances his Mother the said Sume of Three hundred and fifty pounds But your Orator doth expressly charge and so the Truth is that in Case he did suffer any such Recovery that he was wholly ignorant of the Nature thereof and knew nothing of his Title to the said Estate and premisses at the time of suffering the said pretended Recovery or of his Executing the said Deed or Writing But your Orator sheweth that the said Frances his Mother having by such unjust and unjustifiable Ways and Means as aforesaid gotten the said Estate and premisses from your Orator And the said Elizabeth your Orators said Sister having intermarryed with William Hancock Gentleman an Attorney at Law who was principally concerned in the preparing of Conveyances and in the suffereing of the said pretended Recovery and in the getting of the said Estate and premisses from your Orator she the said Frances did afterwards as is pretended by some Deed or Will or otherwise settle and convey or assure the said premisses to and upon the said William Hancock and Elizabeth his Wife or one of them and their Heirs And about the Month of January last past departed this Life After whose Death the said William Hancock and Elizabeth his Wife entred upon and took Possession of the said Estate and Premisses And your Orator having since discovered the great Fraud and Abuse put upon your Orator and being informed both of the Nature and Value of the said Estate and also of your Orator’s Title therto Your Orator hath severall times since his said Mother’s Death applied himself to the said William Hancock and Elizabeth his Wife and acquainted them therewith and at the same time hath requested them to joyn in a Reconveyance of the said Estate and premisses to your Orator on his payment back of the said sume of Three hundred and fifty pounds or of a proportionable part thereof with Regard to the Right of the said Elizabeth his Sister in and to her said Mothers personall Estate And Your Orator well hoped that the said Willliam Hancock and Frances [sic] his Wife knowing the Truth of the premisses to be as herein set forth would readily have complyed therewith But now so it is May it please your Lordship that the said William Hancock and Elizabeth his Wife confederating & combining together and with diverse other persons to your Orator unknown whose names when discovered your Orator prays may be inserted here with apt words to charge them as Defendants to defeat and defraud your Orator of his Just Right and Inheritance the said William Hancock and Elizabeth his Wife do now pretend and set up an absolute Right and Title in and to the said severall Lands and premisses by and under the said pretended Deed or Will of the said Frances your Orator’s said Mother sometime pretending that they know nothing of the Settlement herein before mentioned to be made on the Intermarriage of your Orators said Father & Mother or of your Orators Right or Title in or to any of the said Lands and premisses by or under such Settlement And at other times the said Confederates do pretend that in Case your Orator ever had any Right or Title in Remainder expectant on the Death of his said Mother and to the said premisses or any part thereof that the same is well and effectually barred or destroyed and extinguished by the said Deed and Comon Recovery which as they pretend was and were so executed and suffered by your Orator as aforesaid whereas your Orator doth expressly charge and so the Truth is that the said Deed and Recovery so obtained from your Orator in such Manner and under such Circumstances as aforesaid ought not to prevayl or be set up or made use of against your Orator but the same ought to be set aside or at least your Orator ought to have a Reconveyance of the said Estate and premisses on the payment of the said Sume of Three hundred and fifty pounds or of a proportionable part thereof as aforesaid And your Orator sheweth that the said Edmond Nugent his Father was likewise at the time of his Death possessed of interested in or intituled to a very Considerable personall Estate considering in ready Money Bonds Bills Notes Mortgages and other Securityes for Money and also of and in diverse Sorts of Household Stuff and Household Goods Plate Linnen and other Furniture Goods Chattels and Effects to the amount or Value of three thousand pounds and upwards All which Frances his Widow possessed her self of at or imediately after his Death and the said Edmond Nugent dying intestate your Orator as one of his Children and in intituled to at least one third part thereof And the said Frances his Mother having taken out of Letters of Administration to the said Edmond Nugent his Father ought to have accounted with and paid and satisfied your Orator his full and just share and proportion thereof which she never did And your Orator sheweth that the said Frances his Mother before her Death made her last Will and Testament in Writing and thereof constituted and appointed the said William Hancock and Elizabeth his Wife or one of them to be Executor or Executors thereof And they or one of them have or hath not only proved the same but have likewise taken out administration de bonis non & to the said Edmond Nugent your Orators said Father And by vertue thereof have possessed themselves of the severall personall Estates both of the said Edmond Nugent and of the said Frances his Wife And your Orator hath several times applyed himself to the said William Hancock and Elizabeth his Wife and requested them to come to an Account with your Orator touching the severall personall Estates of the said Edmund Nugent and the said Frances his Wife and to pay and satisfy your Orator his full and just Share and proportion of his said late Father’s personall Estate and likewise to reconvey the said severall Lands and premisses to your Orator and his Heirs on the Terms aforesaid which nevertheless upon the pretences aforesaid or other like frivolous and unjust pretences they do absolutely refuse to comply with All which actings and Doings of the said Confederates are contrary to Right Equity and Good Conscience and tend to the utter Ruin Disherison and Injury of your Orator In tender Consideration of the premisses and for as much as your Orator is utterly remediless in the premisses at and by the strict Rules of the Comon Law and can have no Account Discovery or Relief of for or concerning the premisses elsewhee than in a Court of Equity before your Lordship And the rather for that your Orator’s Witnesses who could prove the truth of the premisses to be as herein set forth are either dead or gone into places remote and unknown to your Orator so that your Orator cannot have the benefit of their Testimony nor have effectuall Relief without a Discovery of the severall Transactions but by the answer of the said Confederates To the End therefore that the said William Hancock and Elizabeth his Wife may true and perfect answer make to all and singular the premisses as fully and particularly as if the same were herein again particularly repeated and interrogated and more especially that they may set forth and discover whether they do not know or have heard and do beleive that there was such Settlement or to some such or the like effect as herein before is mentioned made upon the Intermarriage of your Orators late Father and Mother or some other and what Settlement Deed or Writing whereby your Orator ever had any and what Right Title or Estate in particular in or to the premisses in question And discover whether your Orator ever executed any and what Deed Writing or Conveyance whereby to debarr or hinder him from the said Estate and premisses from and after the Death of his said Mother And if he did that they may then set forth the same in hec verba And what was the Consideration thereof and whether they do not know have heard and do beleive that your Orator was drawn in and prevayled upon to seal and execute the same in such manner and upon such agreement arguments or threats as are herein before mentioned or upon what other Argument Motives or Perswasions And that they may likewise set forth and discover what was or is the yearly Rent Value or Income of the said Estate and premisses and where scituate and being And in whose tenure possession or occupation respectively and at and under what yearly or other Rents or Reservations And that they may likewise set forth and discover whether they do not know beleive or have heard and when where and from whom that your Orator was informed and when and from whom and whether by themselves or not or by the said Frances his Mother that the Estates by him conveyed as aforesaid were not worth above forty pounds per annum And that your Orators late Mother had a power to dispose thereof as she pleased And whether [] they do not beleive that if your Orator had known the true value of such Estate and his Title thereto he would not have conveyed the same for so small a Consideration And that the said Deeds and Conveyances so made and executed by your Orator may be set aside And that your Orator may be let into the Possession of the premisses And that the said William Hancock and Elizabeth his Wife may come to a fair and just account with your Orator touching the personall Estate of the said Edmond Nugent his Father and of the said Frances his Mother And may set forth a full true and particular account and Inventory thereof and may set forth how and in what manner when to whom and for what the same and every part thereof have or hath been paid or applied and disposed of and that your Orator may be paid and satisfied his full and just Share of his said late fathers personall Estate and may be otherwise releived as the Nature of his Case shall require May it please your Lordship to grant unto your Orator his Majestyes most gracious Writt or Writts of Subpena to be directed to them the said William Hancock and Elizabeth his Wife thereby comanding them at a certain day and under a certain pain therein to be Limited personally to be and appear before your Lordship in his honourable Court then and there upon their Corporall oath being [] to answer all and singular the premisses as fully and particularly as if the same were herein again particularly repeated and interrogated And further to stand to and abide such furth order Direction and appointment as to your Lordship shall seem meet And your Orator shall ever pray
Middlemore Cha: Robins
Horney E Goodman 25 Augt. 1727
The Joynt and Severall answer of William Hancock Gent and Elizabeth his Wife Defendt to the Bill of Complaynt of Henry Nugent Complt
These Defendants Saving and reserving to themselves now and at all times hereafter all and all manner of advantage and benefitt of Excon to the manifold Errors Untruths and Imp[]s of and in the Complts said Bill of Complaint contained for answer there unto or to so much thereof as the sd Defts are advised & materialls futher to make answer unto they severally answer and Say that they do believe it to be true that Edmund Nugent in the Bill named did heretofore vizt. Some time in or about the Year One thousand and Six hundred Eighty Seven Intermarry with Frances only Daughter of Henry Byne in the bill also named And these Defts do believe that sometime [] sd Marriage some Settlement was made by the sd Henry Byne of his Estate at Crowhurst and Harble downe for the benefitt of his said Daughter Frances and her Issue but not before or in Consideration of the said Marrigge the Same being had as these Deftes have heard and believe without the knowledge or Approbacon of the sd Henry Byne but as to the Content and particulars of Such Settlement these Defts crave leave to referr themselves to the sd Settlemt itself when produced And these Defendts Say they believe that the sd Edmund Nugent and Frances his Wife had Issue betwixt them the Defendt Elizabeth their only Child borne Some time in or about the Month of December One thousand and Six hundred and Eighty Eight and these Defts Say that they have been credibly informed and do verily believe and doubt not if necessary to prove that the sd Edmund Nugent being a Roman Catholick and an Officer in the Service of the late King James did upon the sd. Kings Abdication likewise leave the Kingdom and retire into France and there Entred into the Service of the Late French King and Served as an Officer in the sd French army for [several?] Years and these Defts Say they have been credibly informed and believe and doubt not likewise to prove that during the sd Edmund Nugents absence abroad and beyond the Seas the sd Frances his wife Contracted an Unhappy acquaintance and Familiarity with [Alan?][gap] Henman als Taylor a Dr of Phisick and by him had an Illegitimate Child the now Complainant And these Defendts Say that they have been informed and believe and doubt not likewise to prove when necessary that the Complainant from the time of his Birth was kept in an obscure and private manner as a base born Child and was accounted and was owned as Such by the sd Frances his Mother and was kept and maintained by the sd Dr Henman als Taylor and at his Expense for a considerable time And when abt the Year 1701 the sd Edmund Nugent this Deft Elizabeths Father returned to England the Birth of the Complainant was kept Secrett from him Nor was the Complt even knowne to him or owned or acknowledged by him as his son and these Defendts say that the sd Edmund Nugent after [] stay in England or thereabouts returned again to France and as these Defendts have been credibly informed and believe dyed there or in Some other parts beyond the Seas in or about the sd Year One thousand Seven hund’d and One But whether the sd. Edmund Nugent made any will or dyed Intestate or what personall Estate he left these Defts do not know nor can Sett forth But [these Defts] believe that the sd. Frances his Wife never took out any Lres of Administracon to him nor received any more of his Effects or Assetts than the Sume of fifteen pounds or thereabouts which as she said was returned to her from beyond Sea And these Defts Say that the sd. Edmund Nugent being Dead and the Complainant being arrived at the age of twenty five years or thereabouts and apprehending that his sd Mother the sd Frances Nugent wd. rather that Express herself come into any terms and thinking to make an advantage of her by that means there upon and for that end and purpose only as these Defts do verily believe the sd. Complt in or about Hillary Terme One thousand Seven hundred and twenty three Exhibited his bill of Complaint in to the Honourable Court be the name and Description of Henry Nugent onely son & heir of the Body of the said Edmond Nugent against the sd. Frances his Mother and these Defendants thereby Suggesting as by his now Bill that as Son and Heir of the sd Edmund Nugent by the sd. Frances he was Intituled to the premisses now claimed by his present Bill by virtue of Some Settlement made thereof by the aforesd. Henry Byne Father of the sd. Frances and claimed the same either in imediate possession or in Remainder or Revercon after the death of the said Frances his Mother And these Defendants Say that the said Frances being as the Complainant truely thought and apprehended unwilling to Expose both herself and the Complainant to the World was very desirous that the matter might be amicably adjusted and prevailed upon these Defendants out of Duty and regard to the said Frances likewise to submitt thereto And thereupon the whole affaire so farr as concerned the Interest of the said Frances and these Defendants was left to Thomas Bedford Esqr Counsellor at Law lately decease And the said Complainant and his Attorney and others on his behalf Severall times mett and attended upon the said Mr Bedford and at length It was agreed that the said Frances Nugent shd. give the Complainant the Sume of Three hund’d and fifty pounds and that the Complainant should release and Convey to the said Frances all the pretended Estate right and Interest in the said Lands & Estate of the said Henry Byne by virtue of the aforesaid Settlement or otherwise and for that space should Levy a Fine and suffer a Recovery of the said Lands and premisses to the said Frances and her Heirs and that he and the said Frances should likewise Execute to each other Generall Releases of all demands whatsoever And these Defts Say that they believe and doubt not if necessary to prove that in Execution and performance of the said agreement as well on the part and behalfe of the said Frances Nugent as of the said Complainant she the said Frances did on or about the fifteenth day of May One thousand Seven hund’d and twenty four well and truely pay or cause to be paid to the sd. Complainant the said Sume of three hundred and fifty pounds and thereupon and certaine Deed or Indenture Tripartite was made and duely Executed by and between the said Frances Nugent the said Complainant and these Defendts. of the first part Abraham Hancock Gentleman of the Second part and Aspley Newton Gent of the third part which said Deed or Indenture according to the prayer in the Complainants Bill these Defendants have Settforth in hec Verba as follows This Indenture Tripartite made the fifteenth day of May Anno Dni One thousand Seven hundred and twenty four and in the tenth year of the Reign of our Sovereigne Lord George King of Great Brittaine France and Ireland Defender of the Faith etc Between Frances Nugent of London Widow Henry Nugent of London Vintner Son and Heire Apparent of the said Frances Nugent and Wm Hancock of Abchurch Lane London Gentleman and Elizabeth his Wife Daughter of the said Frances Nugent of the first part Abraham Hancock of Abchurch Lane in the County of Midd. Gentleman of the Second part and Aspley Newton of Abchurch Lane aforesd. Gentleman of the third part Witnesseth that for and in Consideration of the Sume of Three hundred and fifty pounds of Lawfull money of Great Brittaine to the sd. Henry Nugent in hand at or before the Ensealing and delivery of these presents by the said Frances Nugent well and truely paid the Receipt whereof he the sd. Henry Nugent doth hereby acknowledge and thereof and of every part thereof doth [] and discharge the said Francis Nugent her Heirs Extors Anmrs and assigns and every of them by these presents and also for the barring Docking and destroying all Estates Intail & all Revercons Remainders and Contingentcyes thereupon Expectant and depending of and in the Mannor Messes Lands Tenements Hereditaments and premisses herein after mentioned and for the vesting and Settling all and Singular the Same Mannor Messuages Lands Tenements Hereditaments and premisses to and upon the Severall uses herein after menconed and declared It is mutually Covenanted Concluded and agreed by and between the said partyes to these presents and the sd. Frances Nugent Henry Nugent Wm Hancock and Elizabeth his Wife Do hereby Covenant and agree for themselves and their Heirs to and whether the sd. Abraham Hancock and his Heirs that they will before the End of this present Easter Terme Levy and [] in due forme of Law before His Majtys Justice of the Court of Comon Pleas at Westminster unto the said Abraham Hancock & the Comps and or more Fine or Fines Such Connizance de droit to me soo &c wich proclamation according to the forme of the [] in that Case made and provided and the usuall Course of Fines for the assurance of Lands of Alll that the Mannor of Poldhurst alias Densted and Alverstone with all its rights Members and Appurts and of the Capitall Messuage or Mannor House and of One hundred acres of Land forty acres of Pastrue one hundred acres of Wood and Eighty acres of F[] and heath more or Less Scituate lying and being in the parishes of Harble Downe and Chartham in the County of Kent now in the tenure or Occupacon of John Sanbey his undertenants or assigns and also of all that Messuage or Tenement and Farms called Stacys with the Lands thereto belonging or used therewith containing by Estimation one hundred and twenty acres more or Less Scituate lying and being in the severall parishes of Crowhurst Limpsfield and Oxted Some or one of them in the County of Surry now in the Tenure or Occupacon of Richard Alcock his Undertenants or Assigns and of all and Singular the Outhouses Barns Stables Gardens Orchards Commons of Pasture and Appurts to the Same Mannor and premisses or any of them belonging or in any wise appurteyning by Such apt and Convenient Name and Names qualityes quantityes Numbers of Acres Descripcons and Contents and in Such Sort manners and Forms as shall be reasonable and Expedient which said Fine and Fines so or in any other manner to be had and levyed & all and every other Fine & Fines already had & levyed or at any time hereafter to be had and Levyed of the said premisses or any part or parts thereof by or between the sd. partyes to these presents or any or either of them or whereunto they or any or either of them is are or shall be partyes or partye shall be and Enure and shall be adjudges deemed and taken to be and Enure To the only use and behoofe of the sd. Abraham Hancock and his Heirs for Ever To the Intent and purpose that he the said Abraham Hancock shall and may become perfect Tenant of the Freehold of the said Mannors Messuages Lands Tenements Hereditaments and premisses herein before menconed untill a comon Recovery shall be had thereof in manner herein after Expressed To which End It is hereby Covented Concluded and agreed by and between all the said partyes to these presents that it shall and may be lawfull to and for the said Aspley Newton at the proper Costs and Charges of the said Frances Nugent before the End of this present Easter Terme or at any other time to sue forth and prosecute out of his Matyes High Court of Chancery one or more written Writs of Entry Sur disseizin en le post returnable before the Justices of his Majtys Court of Comon Pleas and thereby to demand all and Singular the said Mannors Messuages Lands Tenements Hereditaments and premisses with the appurtenances of the said Abraham Hancock by Such names quantityes qualityes and Numbers of acres as shall be thought fitt to [] Writt or Writts the said Abraham Hancock shall appear Gratis in his own proper person and shall Vouch to Warranty the said Frances Nugent Henry Nugent William Hancock and Elizabeth his Wife who shall appear Gratis in their proper persons and shall Vouch to Warranty the Comon Vouchee who shall also appear and Impart and afterwards make default so as that one or more perfect Comon Recovery or Recoverys shall and may be had of the sd. Mannors Messuages Lands Tenemts Hereditaments and premisses with their and every of their appurtenances according to the usuall Course of comon Recoveryes for for the assurance of Lands which Recovery and Recoveryes as aforesd. or in any other manner to be had and Suffered and from and after Such comon Recovery and Recoverys had and Suffered then also all and every other Comon Recovery and Recoveryes Fine and Fines Assurance and Assurance at any time heretofore had Suffered Executed or made or to be hereafter had Suffered Executed or made by and between the said partyes to these presents or any of them of the said Mannors Messuages Lands Tenements Hereditaments and premisses or of any of them or of any part thereof shall be and Enure and shall be adjudged Deemed and taken to be and Enure To the use and behoofe of the said Frances Nugent her heirs and assigns for ever [] the said Henry Nugent for himself his Heirs Extors and administrators doth Covenant promise and Grant to and with the said Frances Nugent her Heirs and assigns that he the sd. Henry Nugent hath not at any time heretofore made done Comitted or Wittingly or Willingley Sufferred any act Deed matter or thing whatsoever whereby wherewith or by reason or means whereof the said Mannors Messuages Lands Tenements Hereditaments and premisses or any of them or any part or parcell thereof is are shall or or may be any ways Impeached charged or Incumbred in Title Charge Estate or otherwise howsoever And further that he the said Henry Nugent and his heirs and all and every other person or persons lawfully claiming and which shall or may Claime any right Title or Interest in or to the said Mannors Messuages Lands Tenements Hereditaments and premisses or any of them or any part or parcell thereof by from or under him them or any of them shall and will from time to time & at [] hereafter upon the reasonable request and at the proper Costs and Charges in the Law of the said Frances Nugent her Heirs or Assigns make do Acknowledge Levy Execute and Sufferr or cause and procure to be made done Acknowledge levyed Executed and Sufferred all and Singular Such further and other Lawfull and reasonable Act and Acts Deed and Deeds Conveyances and assurances in the Law whatsoever for the further and better Conveying and assuring the said Manner Messuages Lands Tenements Hereditaments and premisses with the appurtenances unto the said Frances Nugent her Heires and assignes as by her the said Frances Nugent here Heires or Assigns or her or their Counsell learned in the Law shall be reasonably advised devised and required Be it by Fine or Fines Recovery or Recoveryes Feoffmt Release and Confirmacon Deed or Deeds Inrolled or not Inrolled the Inrollment of these presents or by all and every or any the said ways or by any other ways or means whatsoever so as Such further Assurance so to be made do not containe any other Warranty or Covenant for Warranty than what is contained in these presents and so as the party and partyes required to make the Same be not Compellable to Travell further than the Cityes of London and Westmr. for the doing thereof In Witness whereof the partyes first above named have hereunto Interchangeably Sett their Hands and Seals the day and Year first above written Frances Nugent: Henry Neugent: Wm. Hancock. E. Hancock. Abrah: Hancock Sealed and delivered by the within named Frances Nugent Henry Hugent Wm Hancock Elizabeth Hancock and Abraham Hancock in the presence of Thos. Bedford. John Richardson. Received the day and Year first within menconed of the within named Frances Nugent the Sume of Three hund’d and fifty pounds being the full Consideration money within menconed I say received the said £ 350. per Henry Neugent: Test: Tho. Bedford John Richardson. and the sd Defendants So that the said Fine and Recovery in the said recited Indre agreed to be levyed and Suffered were as these Defendants believe duely levyed and Sufferred accordingly And these Defendts. further Say that soon after vizt. by Indres of Leave and Release bearing date respectively the first and second days of June in the Same Year One thousand Seven hund’d and twenty four the said Release being made between the sd Frances Nugent of the one part these Defendants and the aforesaid Abraham Hancock of the other part In Consideration therein and thereby menconed of the Marriage had between these Defts and as a Marriage Porcon for this Defendt the said Elizabeth and the better Enabling the Deft Wm. to maintain and provide for himself and the Defendt. the sd Elizabeth his Wife and for and in Consideration of the Sume of Five hund’d pouns tot he said Frances Nugent in hand paid by this Defendt. Wm. she the sd. Frances Nugent at the request and by the desire of the Defendt Elizabeth did grant release and Convey to this Defendt. Wm. and the said Abraham Hancock and their Heirs All the said Mannors Lands and premisses menconed & [] Comprized in the aforesaid Deed of the fifteenth of May One thousand Seven hundred and twenty four To the use in the first place of and for the raising and paying to the said Frances Nugent one clear Yearly rentcharge or Annuity of Fifty pounds per annum during her life and Subject to the said Annuity or Rentcharge To the use of this Deft Wm and the sd [] Hancock and their Heirs In trust for this Defendt. Wm Hancock and his Heirs with a Covenant on the part of this Defendt. William to pay the said Annuity or Rentcharge to the sd Frances Nugent during her naturall life As in and by the said Indre Release relacon being thereunto had may and does more fully and at large appear and the Defendt Wm Sayth that he did according to the said Indentures and Covenant therein contained duely pay or cause to be payd the said Annuity or Rentcharge of Fifty pounds per ann. to the said Frances Nugent during her life And these Defendts. Say that the said Frances Nugent departed this life on or about the Seventh day of Janry last & before her death made and published her Last Will and Testamt. in writing and thereby gave and devised all her Reall and personall Estate to this Defendt Elizabeth her Daughter and appointed her this Defendt. Elizabeth Extrix of her said Will. But the personall Estate of the sd. Frances Nugent being very Small and Inconsiderable and not more than Sufft to pay her Debts and Funerall these Defendts. never thought it worth while to prove the said Will and these Defendts. Say they do not know nor can Settforth whether any Settlemt. of the aforesaid Lands and premisses by the said Henry Byne or otherwise was produced at any of the Meetings or Treaty betwixt the said Complainant and the said Frances Nugent. But these Defendts believe it was Understood and admitted by all partyes that in case the Complt had been Legitimate he would have been Intituled to some Estate in Revercon or Rem.r in the premisses after the death of the said Frances Nugent and that it was fully meant intended and agreed by the Complt and the said Frances Nugent and all other persons concerned in the said [] and agreemt. For them that for the reasons and Consideration aforesaid the Complt was absolutely to release and Convey all right or pretence of Right he had or might at any time then after Sett up claims or pretend in or to the aforesaid premisses And this Defendt Wm Hancock Says and humbly hopes and Insists that he a Purchase from te sd. Frances Nugent under the said Complainants said Agreemt Fine Recovery and Conveyance as aforesaid and the Same being fairly and deliberately made Executed and transacted by him the said Complainant without any the Least Complaint of Excepcon thereto during the life time of the said Frances Nugent that the Complainant shall not now be admitted Especially in a Court of Equity to [] the said Agreement and the said Fine Recovery and Conveyance so Solemnly Executed by him as aforesaid And these Defendts Say they do not know or believe that there was the Least Fraud Surprize or Circumvencon whatsoever made use of by the sd. Frances Nugent or any other person or persons whatsoever in obtaining the sd Agreement Fine Recovery or Conveyance from the Complainant And these Defendts do rely and Insist upon it that the sd Edmund Nugent this Defendt Elizabeths late Father was not in England nor had access to the said Frances his Wife for ten Years and upwards next before the Birth of the Complainant nor till three Years or thereabouts after the said Complainant was borne And these Defendts Say that the aforesaid Lands and premisses at Harble Downe were at the time of the Complaints said agreem’t and Conveyance lett at the Yearly rent of Forty five pounds and no more besides the Quitt rents of the Mannors about three pounds per ann: and the other part of the said Estate at Crowhurst was then lett at fifty five pounds per ann: and no more and so both the sd. Farmes Estate had been lett for about twenty Years before and the Complainant as these Defts verily believe and doubt not to prove (if needfull) well knew the rents of the said Estate and how they were lett at the time of the said agreemt. and Conveyance as aforesd. And these Defts further Say that they believe the Complainant and the said Frances Nugent did at the time of the Complts Executing the said Conveyance before Settforth make and Execute likewise to each other Generall Releases of all Accons Suits and demands whatsoever And Lastly these Defendts do deny all and all manner of Unlawfull Combinacon and Confacy in the Complainants bill charged against these Defts or either of them With out tht any other matter or thing in the Complainants said bill of Complt contained materiall or Effectuall in the Law for them these Defts or either of them to make Answr unto and not here in or hereby well and Sufftly answred unto confessed or avoided traversed or denyed is true to the knowledge and beliefe of these Defts all which [] and things these Defts are ready to averr and probe as this Honoble Court shall award and humbly pray to be hence Dismissed with their reasonable Costs and Charges in this behalfe most wrongfully Susteyned ./.
Brackley
from C 11/1912/5, 1729:
Interrogatories to be exhibited to Wittnesses to be produced Sworne and examined in a certain Cause depending and at issue in the high Court of Chancery between Henry the son of Frances Nugent deceased by the name and discription of Henry Nugent Son and Heir of Edmund Nugent Gentleman dec’ed by Frances his Wife plaintiff and William Hancock & Elizabeth his Wife Defendants on the part and behalfe of the Said Defendants (as followes)
Imprimis Whether do you know the partyes plaintiff and Defendents in the title of these Interr’yes above named or any or either and which of them and for how long have you so known them or any of them.
Item. Whether did you know Edmond Nugent and Frances his Wife Father and Mother of the Defendant Elizabeth Hancock or either and which of them if yea: when or what time did the said Edmond Nugent intermarry with the said Frances his wife: of what nation or Country was the Said Edmond Nugent by Birth and what Religion did he profess: of what age was the Said Edmond Nugent at the time of his siad intermarriage: of what Stature featured and Complexion was the said Edmond Nugent and as near as and in the best manner you can describe his person: where and at what place or places did the said Edmond Nugent live and reside in England from and after his said Marriage what business or imployment did the said Edmond Nugent follow: Sett forth according to the best of you knowledge remembrance & beleife as to all and every the particulars by this Interry enquired after and the reasons and circumstances thereof fully and at large Declare.
(3) Item Whether did the said Edmond Nugent in the second Interry above named in or about the year 1688 go to France and what parts or place beyond the Seas if yea: why and for what reason and upon what occasion did the said Edmond Nugent so go abroad and how long did he so continue whether was the said Edmond Nugent during his being so abroad, and particularly in the years 1696 and 1697, and whether did the said Edmond Nugent dureing such his Service and in the said years 1696 and 1697 constantly appear at Musters and in his Duty, or was he absent at any time or times and for how long together, and was he in England at any time in those years or at any time afterwards and when and upon what occasion particularly: Sett forth according to the best of what you know remember or beleive in respect to all and every the particulars by this Interry enquired after and the reasons and circumstances thereof fully and at large Declare.
(4) Item When did the said Edmond Nugent in the predeeding Interrys above named depart this life and where and in what manner and what became of his Goods money or effects after his decease and how and to whom were the same disposed sent or consigned: Sett forth what you know beleive or have hard and been credibly informed herein and the particulars and circumstances relating thereto fully and at large Declare.
(5) Item. Whether did you know one Edmond Nugent in the years 1696 and 1697: if yea: whether was the said Edmond Nugent all those years or at any time or times in the said years and in any and which of them a Soldier or officer in the French Service or Army? if yea, in what post Character or Station and in what Company or Companys Regiment or Regiments, and in what Townes places or Countries did the said Edmond Nugent so serve and reside during the said years 1696 and 1697 or any and which of them. Whether was the said Edmond Nugent a Frenchman if not from what Country or Nation did he come to France and when and upon what occasion about what age was the said Edmond Nugent at that time? What sort of person was he in Stature features and Complexion? whether was the said Edmond Nugent a married man or a Batchelor? and if married where did his Wife live and reside, and what Children or family had the said Edmond Nugent or was reputed to have? and whether was the said Edmond Nugent constant in attending at Muster and in his post and duty during the said years 1696 and 1697 or was he absent therefrom and how long together? and whether was he in England at anytime or times in any and which of the said years, or at any time or times after and when particularly, and upon what occasion? What is become of the said Edmond Nugent is he liveing or Dead and if Dead where when and in what manner did he Dye and what became of his goods and Effect after his decease and how and in what manner and to whom were the Same disposed of Sent or consigned Settforth what you yourself know or remember as likewise what you beleive and have been credibly informed by any and what person or persons dec’ed and when dec’ed touching all or any the matters and particulars by this Interry enquired after and the reason and circumstances thereof fully and at large Declare.
(6) Item. Whether did Frances the Wife of the said Edmond Nugent in the second and third Interryes above named go abroad with her said Husband into France or other forreigne parts; if not; where did she usually live and reside dureing her said Husbands absence? and what child or children had the said Edmond Nugent by the said Frances his Wife before his departure out of england or at any time or times and when afterwards? When or about what time was the Dep’t. Elizabeth hancock born and with whom did she usually live before her intermarriage with the other Defendant William Hancock? Sett forth what you know remember and beleive herein and the reasons and circumstances of such your knowledge and beleife fully and at large Declare.
Whether is there any other matter or thing which you know or beleive to be necessary or materiall for the Defendants William Hancock and Elizabeth his Wife in this Cause if year: Sett forth the same according to the best of your knowledge remembrance and beleife therein and the particulars reasons and circumstances thereof fully and at large Declare.
Edw. Barnier Thos. Ellison Talbot
Depositions of Witnesses produced sworne and Examined at the house of Guy Chimpanin(?) at Doway in France at the Sign of the Golden Head the Nineteenth Day of September old Style in the year one Thousand seven hundred Twenty and nine by vertue of a comicon issuing out of the High Court of Chancery of Great Brittain for the Exaicon of Witnesses in a certain Cause there depending and at Issue wherein Henry Son of Frances Nugent Dec’ed by the name and discripcon of Henry Nugent Son and Heir of Edmund Nugent Gentleman by the said Frances his Wife is plaintiffe and William Hancock and Elizabeth his Wife are Defendants by and before us Edward Barnier, Thomas Ellison and John Talbot Gentlemen by Vertue of the said Comicon to us directed and also to James Gibbon in the said Comicon named the said Edward Barnier Thomas Ellison and John Talbot having first taken the Oath appointed to be taken by us respectively in and by the said Comicon and thereunto annexed.
Sir Peter Anthony Knight of the Royal Military Order of Saint Lewis Captain in the Regiment of Berwick now in Garrison at Doway in France aged Sixty yeares and upwards being produced sworn and exa’ied as a Witness on the Part and behalf of the Defendants Deposeth as followeth To the fifth Interrogatory that Deponant saith that he knew one Edmund Nugent in the yeares One Thousand Six Hundred and Ninety Six and one Thousand six Hundred and Ninety Seven and that he was duuring those yeares a Captain of a Company in the Regiment of Athlone in the French Service and that the said Edmund Nugent was in the beginning of the year one Thousand Six Hundred and Ninety Six quartered at the City of Grenoble in Dauphine in France where this Deponant was also quartered at the same time and from whence the said Edmund Nugent went to Briansone and from thence to serve the Campaigne in Piedmont & that this Deponent served in the said Campaign with the said Edward Nugent till the month of December in the said Year One thousand Six hundred & Ninety Six and afterwards they went into winter Quarters at Ayres near Toulon in Provence where the said Edmund Nugent resided constantly till about the latter end of February next following at which time the said Edmund Nugent [resided constantly till about the latter end the latter end of February][crossed out] and also this Deponent marched with part of the Regiment to Brisac where they both remained during the whole year One thousand six hundred & ninety seven & part of the year One thousand Six hundred & ninety Eight except for seven or Eight days they being ordered to March to Strasburg but were countermanded back to Brisac, and this Deponent saith that the said Edmund Nugent was a Native of Ireland & that he came over from thence into France in the Year One thousand Six hundred & ninety one with the late King James the Second and that this Deponent beleives that the said Edmund Nugent was at that time about five & thirty years of age & was a Middle Size Man of a fair Complexion with red Hair & Eyebrows & that the said Edmund Nugent was married & that his wife resided in England by whom he had a Daughter as he himself informed this Deponent and this Deponent saith that the said Edmund Nugent was constant in attending & appearing at Musters in his Post & duty during the said Years One thousand Six hundred & Ninety Six & One thousand Six hundred & ninety seven & was never absent therefrom during the said years and this Deponent saith that the said Edmund Nugent was not in England at any time or times in any or either of the said Years but beleives the said Edmund Nugent might go to England in the Year One thousand Seven hundred or thereabouts as this Depon’t beleives to see his wife and this Deponent saith that the said Edmund Nugent was killed at an Engagement at Charey in Italy on the first day of September in the year One thousand seven hundred & one, & this Deponent hath heard that the said Edmund Nugent left his goods & & Effects at St. Germain near Paris but what became of them afterwards this Deponent cannot depose & more to this Interrogatory this Deponent saith not
Patrick Dowdall Doctor of Phisick & Surgeon Major to the Regiment of Berwick now at Garrison at Douay in France aged Seventy years or there abouts being produced Sworn & Examined the part & behalf of the Defendants deposeth as followeth Viz.t To the fifth Interrogatory this Deponent saith that he knew Edmund Nugent in the Year One thousand six hundred & ninety six & One thousand six hundred ninety & seven & severall years before & that he was during these years a Captain in the Regim’t of Athlone in the French Service then commanded by Collenel Walter Bourke & that in the beginning of the year One thousand six hundred & ninety six he was at Strasburgh & from thence was commanded to Brisach where he continued till this Deponent returned from the Camp which was in the Month of December in the year One thousand six hundred & ninety seven and this Deponent saith that the said Edmund Nugent was not a French man but beleives he was a Native of Ireland & that he came over to France from thence with the late King James the second in the year One thousand six hundred & ninety one or One thousand six hundred & ninety two & might be about that time of the Age of five & thirty years or thereabouts & was about five foot & six or seven Inches in Stature of a fair Complexion and Red hair and that he had a mark of a Cut upon one of his Cheeks but whether the said Edmund Nugent was married he cannot say but beleives he was married by reason he the said Edmund Nugent often declared to him this Deponent that he had a Wife and a Daughter living & this Deponent saith that he never heard the said Edmund Nugent say that he ever had any other Child or Children Except the said daughter by his wife or was reputed to have any other & this Deponent saith that to the best of his knowledge & beleif the said Edmund Nugent was constant in attending at Musters and in his Post & Duty & beleives he never was absent therefrom & this Deponent positively saith that the said Edmund Nugent never went over into England in any or either of the said years One thousand six hundred & ninety six & one thousand six hundred & ninety seven by reason they were seldom apart but beleives he went over to England to see his wife in the year One thousand six hundred & ninety Eight & one thousand Six hundred & ninety nine the said Edmund Nugent having told the same to him this Deponent, and the Deponent saith that the said Edmund Nugent was killed at Charie in Italy the first day of September One thousand Seven hundred & one and further to this Interrogatory this Deponent cannot Depose.
Daniel Wood a Soldier in the Regiment of Berwick in the Company of Cap’t Alexander Innis now in Garrison at Douay aforesaid aged Sixty Years or thereabouts being produced Sworn & Examined as a Witness on the part of the Defendant deposeth as followeth To the fifth Interrogatory this Deponent saith that he knew one Edmund Nugent in the years One thousand Six hundred & ninety Six and One thousand Six hundred & Ninety Seven & that he was a Captain of a Company in the Regiment of Athlone in the French Service & that the Deponent was a Soldier & Served under him in the same Company but in what particular Towne the said Edmund Nugent did serve in those two Years this Deponent cannot well remember but with they were during all the said years One thousand Six hundred & ninety Six & One thousand Six hundred & Ninety Seven in Provence & in Piedmont and this Deponent saith that the said Edmund Nugent was Constant in attending at Musters & in his Post & Duty during the said years One thousand Six hundred ninety & six & One thousand Six hundred & ninety Seven and was never absent therefrom by reason that he saw the said Edmund Nugent daily & this Deponent saith that he is very sure that the said Edmund Nugent was not in England at any time or times in any or either of the said years for if he had been absent any time from the Regiment he must have certainly known it and further to this Interrogatory this Deponent cannot further depose.
Capt’n Alexander Ennis Commander of one of the Companys in the Regiment of Berwick now in Garrison at Douay in France aged fifty six years or thereabouts being produced Sworn & Examined as a Witness on the part & behalf of the Defendants deposeth as followeth To the fifth Interrogatory that he knew Captain Edmund Nugent in the Years One thousand six hundred & ninety six & One thousand six hundred ninety seven & severall years before, & that the said Edmund Nugent was during all those two years a Captain of a Company in the French Service in the Regiment of Athlone but cannot tell where the said Captain Edmund Nugent Served & resided during the Year One thousand Six hundred & ninety Six but saith that in April One thousand Six hundred & Ninety Seven the said Edmund Nugent served & resided at Strasburgh for about five or six days & from thence he marched to Brisac in Alsatia where the said Edmund Nugent served Resided all the remainder of the said Year One thousand Six hundred ninety seven where this Deponent was at the same time quarterd and this Deponent saith that the said Edmund Nugent was not French Man but a Native of Ireland and went in the Year One thousand Six hundred ninety one from thence to France with the Troops that came over after the Capitulation of Limerick and beleives that the said Edmund Nugent might be at that time about Forty or forty two years of age & this Deponent further saith that the said Edmund Nugent was a well sett man of Fair Complexion with Reddish hair good features & about five foot Six or Seven Inches in Stature and this Deponent saith that he beleives the said Edmund Nugent was Married for that he used frequently to drink his wifes health & that he heard him say that his Wife resided at London and the Deponent also saith that he beleives the said Edmund Nugent had one only daughter for that he his Deponent never heard the said Edmund Nugent ever speak of any other children or family that he the said Edmund Nugent ever had & this Deponent saith that he cannot say that the said Edmund Nugent was constant in attending at Musters and in his post & duty during the said One thousand six hundred & ninety Six but saith that he this Deponent is very well assured the said Edmund Nugent was constant in attending Musters & in his post & duty from April One thousand Six hundred & ninety Seven during the remainder of the said Year & was not absent therefrom, and the Deponent saith that he beleives that the said Edmund Nugent was not in England at any time or times during the said year One thousand Six hundred & Ninety Six nor at any time after before the middle of April one thousand six hundred & ninety Seven at which time this Deponent & the said Edmund Nugent were quartered together, & after which during the remainder of the said year One thousand Six hundred & ninety Seven this Deponent is very sure the said Edmund Nugent was not at any time or times in England nor never quitted the Regiment but saith the said Edmund Nugent went over to England to the best of this Deponents remembrance in the year One thousand seven hundred but upon what occasion this Deponent cannot say & this Deponent saith the said Edmund Nugent was killed at Charie in Italy on the first day of September One thousand Seven hundred & One & further to this Interrogatory this Deponent saith not
Sr Walter Stapleton Kt. of the Royal Military Order of St. Lewis Captain in the Regiment of Berwick now in Garrison at Douay in France aged fifty years or thereabouts being produced Sworn & Examined as a Witness on the part & behalf of the Deponents, deposeth as followeth, To the fifth Interrogatory this Deponent saith that he knew Edmund Nugent in the Years One thousand Six hundred & Ninety Six & One thousand Six hundred & Ninety Seven & that he was during those two years a Cap’t. of a Company in the Regiment of Athlone in the French Service and that the said Edmund Nugent was in the beginning of the Year One thousand Six hundred & Ninety Six quarterd at Grenoble in Dauphine in France where this Deponent was also quarterd at the same time & staid there till the month of May at w’ch time the said Edmund Nugent marched to Fenestrelle & Encamped there for some days & he went from thence to the Siege of Valence in Italy & afterwards went into Winter Quarters at Ayres in Provence in the said year One thousand Six Hundred & Ninety Six where the said Edmund Nugent served & resided till the month of May One thousand Six hundred & Ninety Seven from thence the said Edm’d Nugent marched to Brisack in Alsatia in Germany where he served resided the remaining part of the said year & also the winter following and this Deponent saith that the said Edmund Nugent was not a French man but a Native of Ireland but does not know from what country he came to France nor at what time nor upon what occasion but beleives he came over with King James the Second and this Deponent saith that the said Edmund Nugent was of a Fresh Complexion & Reddish hair and of about Five foot & five inches in Stature according to the Measure of France and this Deponent saith that the said Edmund Nugent was a Married Man as he often heard the said Edmund Nugent declare and that he had a Wife & daughter in England but never heard the said Edmund Nugent say during his life that he had any other Children or Family & this Deponent saith that the said Edmund Nugent as he verily beleives was never absent from attending at Musters & at his post & duty during the said Years One thousand Six Hundred & Ninety Six & One thousand Six hundred & Ninety Seven nor was absent for a Week together and this Deponent saith that he is very sure that the said Edmund Nugent was not in England at any time or times in any or either of the said years One thousand Six hundred Ninety Six & One thousand Six hundred & ninety Seven nor at any time afterwards till about the Year One thousand Six hundred & Ninety nine or One thousand Seven hundred when the said Edmund Nugent went to see his Wife as he hath heard & beleives And this Deponent saith that the said Edmund Nugent was Killed at Charie in Italy in the Year One thousand Seven hundred & one & this Deponent saith that he hath heard and beleiveth that the said Edmund Nugent’s Cloaths were left before he went to the said Engagem’t (wherein he was killed.) with a lady at St. Germains near Paris w’ch he hath heard & beleiveth were afterwards remitted to his wife in England & further to this Interrogatory this Depon’t saith not
Edwd. Barrier Thos. Ellison
Capt’n Charles Geoghegan Commander of a Company of Granadiers in the Regiment of Berwick now at Garrison at Douay aged Sixty Years or thereabouts being produced sworn & Examined as a Witness on the part and behalf of the Defendants deposeth as followeth Viz’t
To the fifth Interrogatory this Deponent saith that he knew one Edmund Nugent in the Years One thousand Six hundred & Ninety Six & One thousand Six hundred & Ninety Seven & severall Years before and that the said Edmund Nugent was a Captain of a Company in the Regiment of Athlone in the French Service and this Deponent saith that he knows not where the said Edmund Nugent resided during the Years One thousand Six hundred & Ninety Six but saith to the best of this Deponents remembrance & beleif he this Deponent was quartered at Brisac in Alsatia in the middle of March One thousand Six hundred & ninety Seven at which time the said Edmund Nugent was quarterd at the same place & where this Deponent verily beleives the said Edmund Nugent had been for severall months before, & this Depon’t saith that the said Edmund Nugent remained at Brisac aforesaid & at Silestadt in Alsatia during all the Year One thousand Six hundred & Ninety Seven & part of the Year One thousand Six hundred & ninety Eight to the best of this Deponents remembrance & beleif & this Deponent saith that the said Edmund Nugent was not a french man but a Native of Ireland as he informed this Deponent from whence he came over to France in the Year One thousand Six hundred & Ninety one or thereabouts with the late King James the Second & beleives that the said Edmund Nugent might be at that time about thirty years of age and this Deponent saith that the said Edmund Nugent was a handsome well sett man of a Sanguine Complexion & Reddish hair & was about five foot & five Inches in Stature according to the Measure of France & had a Cut upon one of his Cheeks and this Deponent saith that he hath often heard the said Edmund Nugent say that he was married & drink his wifes health & that his wife lived & resided in England & that he the said Edmund Nugent had a Daughter & that he this Deponent never heard the said Edmund Nugent speak of any other Children nor was he the said Edmund Nugent reputed to have any other Children or Familly and this Deponent saith that he hath heard & beleives that the said Edmund Nugent was constant in attending at Musters & in his post & duty during the said Years One thousand Six hundred & ninety Six & one thousand six hundred & ninety seven & beleives he never was absent therefrom and this Deponent saith that he never head nor beleives that the said Edmund Nugent was in England at any time or times in any or either of the said Years One thousand Six hundred & ninety Six & One thousand six hundred & ninety Seven, but beleives that if the said Edmund Nugent had been in England in any or either of the said Years he this Deponent should have heard thereof, and this Deponent saith that he hath heard & beleives that the said Edmund Nugent was in England about the Year One thousand Six hundred & Ninety Nine or One thousand Seven hundred to see his wife as this Deponent hath heard & been informed & this Deponent saith that the said Edmund Nugent is not living but dead & that he was killed at an Attack at Charie in Italy in the Year One thousand Seven Hundred & one to the best of this Deponents remembrance and this Deponent hath heard that the said Edmund Nugent left some of his goods & Effects before he went to the said Engagement with one Mrs Wall at St. Germain in Laye but what became of such Effects after the said Edmund Nugent was killed this Deponent cannot setforth and further to this Interrogatory this Deponent saith not.
Sir John Forrester Knight & Barr. of Scotland & Knight of the Royal Military Order of St. Lewis Major of the Regiment of Berwick now in Garrison at Douay in France aged Fifty Eight Years or thereabouts being produced Sworn & Examined as a Witness on the part & behalf of the Defendants deposeth as followeth Viz’t.
To the Second Interrogatory this Deponent saith that he knew one Edmund Nugent & Frances whose maiden name was Boyne or Loyne before her Intermarriage to the best of this Deponents remembrance & beleif (but never saw her name in Writing) to whom the said Edmund Nugent told this Deponent that he was married & whom this Deponent hath heard were father & mother of the Defend’t. Eliz’th. Hancock and saith that he hath heard the said Edmund Nugent say that he Intermarried with the said Frances before the Revolution in England in the year One thousand Six hundred & Eighty Eight and this Deponent saith that the said Edmund Nugent was a Native of Ireland and that he professed the Roman Catholick Religion but knows not of what age the said Edmund Nugent was at the time of his Intermarriage and this Deponent saith that the said Edmund Nugent was of a Fair Complexion & reddish hair & about Five foot four Inches at least in Stature according to the measure of France and more to this Interrogatory this Deponent saith not.
To the third Interrogatory this Deponent saith that he knew not the said Edmund Nugent in the Second Interrogatory Inquired after till the month of January One thousand Six hundred & Ninety Eight new Style & therefore cannot Setforth at what time the said Edmund Nugent came to France, but hath heard that the said Edmund Nugent landed in France with the Irish Troops in the End of the Year One thousand Six hundred & ninety one or in the beginning of the Year One thousand Six hundred & Ninety two by virtue of the Treaty of Limerick and hath heard that the said Edmund Nugent continued in France till the time this Deponent first came acquainted with him the said Edmund Nugent and this Deponent saith that the said Edmund Nugent was Captain of a Company in the Regiment of Athlone in the French Service during all that time and was particularly Employed in the Years One thousand Six hundred & ninety Six & one thousand Six hundred & ninety Seven as a Captain in the said Regiment and this Deponent saith that he knows not in what particular Towns the said Edmund Nugent served & resided during the Years One thousand Six hundred & ninety Six & one thousand Six Hundred & Ninety Seven but beleives he Served during the whole year One thousand Six hundred & Ninety Seven in Alsatia in Germany and this Deponent saith that he hath heard the Comrades of the said Edmund Nugent say that he the said Edmund Nugent did constantly appear at Musters & in his post & duty & never went from the Regiment during the said years and this Deponent saith that he doth not know whether the said Edmund Nugent was in England at any time or times during any or either of the said years One thousand Six hundred & Ninety Six & One thousand Six hundred & ninety Seven but hath heard the said Edmund Nugents comrades say that he never was absent from the Regiment & beleives he never was in England during the said two years for the seasons aforesaid & this Deponent saith that he knows that the said Edmund Nugent went over to England about the latter Ende of the Year One thousand Six hundred & Ninety nine or the beginning of the Year One thousand Seven hundred to the best of this Deponents remembrance as to the time & more to this Interrogatory this Deponent saith not To the fourth Interrogatory this Deponent saith that the said Edmund Nugent in the Second & third Interrogatories Inquired after was killed by a Cannon Shot in the attack of Charie in Italy on the first day of September one thousand Seven hundred & one but what became of his Effects after his death this Deponent cannot setforth & further to this Interrogatory this Deponent saith not To the Sixth Interrogatory this Depon saith that the said Frances (whom the said Edmund Nugent told this Deponent was the wife of the said Edmund Nugent) in the Second & third Interrogatory Inquired after was never abroad with the said Edmund Nugent as this Deponent hath heard & beleives and this Deponent saith that he doth not know where the wife of the said Edmund Nugent resided during her said Husbands absence but beleives she lived & resided in England and this Deponent saith that after his acquaintance with the said Edmund Nugent wich was in the Year One thousand Six hundred & Ninety Eight having asked the said Edmund Nugent what family he had he the said Edmund Nugent told him this Deponent that he had a Daughter & did not mention any other Child or Children that the said Edmund Nugent ever had but knows not where the said Elizabeth Hancock was borne or where she lived before her marriage with the said Defendant William Hancock & further to this Interrogatory this Deponent saith not
Edw’d Barnier Thos Ellison Talbot
from C 11/1912/8, 1729:
Interrogatoryes to be exhibited to Witnesses to be produced Sworn and Examined in a certain Cause depending and at issue in the high Court of Chancery between Henry the son of Frances Nugent deceased by the name and discription of Henry Nugent Son & Heir of Edmond Nugent Gentleman dec’ed by Frances his Wife plt. and Wm Hancock and Elizabeth his Wife Defendants on the part and behalf of the said Defendants (as followes)
(1) Imprimis Whether do you know the partyes plaintiff and Defendant in the Title of the Interr’ye above named or any and either and which of them and for how long have you so known them or any of them./.
(2) Item Whether was the Complt Henry at any time in or before the begining of May One Thousand Seven hundred and Twenty Four acquainted with or informed of the annuall values or Rents of the Lands and Estates of his then Mother Mrs. Frances Nugent at Crowhurst and Harbledowne in the Counyes of Kent and Surry or of any and what parts or particulars of the said Estates.\. (If yea) how and in what manner and by whom and when and upon what occasion was the said Complt Henry informed of or made acquainted with the Sd Values and Rents of the Said Estates of of any & what parts or particulars thereof? What amount or Value was and were the whole annuall Rents of the Said Estates or Either and which of them in May One Thousand Seven hundred and Twenty Four? Did the Complt ever see or view the said Estates or either and which of them before May One Thousand Seven hundred and Twenty Four according to the best of your knowledge remembrance and beleife Settforth the particulars & reasons and circumstances thereof fully and at large Declare
J W Floyer
Jos Cooke Fra. Brooke
Depositions of Witnesses taken this Twenty Fifth day of October Anno Dmi One Thousand Seaven hundred and Twenty Nine att the house of Robert Nightingale com’only called or known by the name of Signe of the White Heart Situate in the parish of Lympsfeild in the County of Surry before us Joseph Cooke and Francis Brooke -- By vertue of his Maj’ties Comission Issued out of the High Court of Chancery to us and alsoe to Thomas Freebody and John Horan -- Directed giveing us or any two or three of us authority to Examine Witnesses in a Cause there Depending betweene Henry Nugent Complt. and William Hancock and Elizabeth his wife Defendts, wee the said Comissioners and also Richard Plaistow our Clerk attending the Exami’con of the said Comission haveing Severally and respectively taken the Severall oathes appointed to be by us and him Severally taken by the said Comission and to the said Comission annexed before Wee or any of us or our said Clerke acted under the said Comission or Examined any Witness or Witnesses in this Cause --
George Stanford of Lympsfeild in the County of Surry Yeoman aged Seaventy Five yeares and upwards a Witnesse produced Sworne and Examined on the part of the Deendt, Deposeth as follows/ To the First Interr’ye this Depont. saith that he knows the Complt. Henry Nugent and hath knowne him from his the said Henrys Infancy but hath no knowledge of the Defendts, William Hancock and Elizabeth his wife or either of them To the Twelfth Interr’ye this Depon’t Saith that he Doth not know whether the Compl’t was att any time before the begining of May One Thousand Seaven hundred and Twenty Four acquainted with or Informed of the Annuall values or Rents of the Lands and Estates of his then Mother Mrs. Frances Nugent att Crowhurst and Harbledowne in the Countyes of Kent and Surry or any of them and saith that he doth not know the Estate late of the said Frances Nugent att Harbledowne but is well acquainted with the Estate late of the said France Nugent att Crowhurst in the County of Surry and Saith that the annuall Rent or Value of that Estate about May one Thousand Seaven hundred and Twenty Four was about Fifty five pounds a yeare and not more as this Depnt verily beleives and this Depont Saith that he Doth not know whether the Complt. ever Did view or see the said Estates or either of them att or before May one Thousand Seaven hundred and Twenty Four and Further Saith not
Richard Awoock of Oxted in the County of Surry yeoman aged Thirty Seven Years and Upwards a Witnesse produced Sworn and Examined or the part of the Defendts Deposeth as follows To the First Interr’ye this Depont Saith that he knows the Complt. and Defendts and hath know (sic) the Complt. and the Defendt. Elizabeth from their respective Infancyes and the Defendt. William for about sixteene Yeares last past. To the Twelfth Interr’ye this Depont. Saith that the Complt. was well acquainted with the annuall Rent or Value of the Lands and Estates of his late Mother Mrs. Frances Nugent att Crowfurst in the County of Surry before the beginning of May One Thousand Seaven hundred and Twenty Four He the said Complt. haveing in the Yeare One Thousand Seaven hundred and Twenty One and att Severall times betweene that time and the Yeare One Thousand Seaven hundred and Twenty Four been att and viewed the said Estate and particularly in the Yeare One Thousand Seaven hundred and Twenty One the said Complt. came to the said Farme at Crowhurst when there was a New Oasthouse Building on the said Farme and Discoursed with this Depont. (who was the Tenant to the said Farme) about building of such oasthouse and of other matters relating to the said Farme and asked this Depont. what rent he paid for the said Farme and this Depont. Informed him Fifty pounds a years (according to this Deponts. best remembrance and beleife) which was the Rent this Depont. then paid and for severall Yeares before had paid for the said Farme to the Complts. Mother Mrs. Frances Nugent and this Depont. Saith that in May One Thousand Seaven hundren and Twenty Four this Depont. was Tenant to all the Lands and Estate late of the said Frances Nugent att Crowshurst att the Rent of Fifty Five pounds a Yeare which this Depont. beleives att that time was the full yearely value of the said Farme and Lands But this Depont. Saith he doth not know whether the Complt. was acquainted with the annuall Rent or Value of the Lands and Estate of his late Mother Mrs. Frances Nugent att Harbledowne in the County of Kent or whether he had seen the Same at or before May One Thousand Seaven hundred and Twenty Four neither doth this Depont. know Such Estate or the Value thereof and further Saith not
Jos Cooke Fra Brooke
Interrogatories to be Exhibited to Witnesses to be produced sworn and Examined in a certain Cause Depending and at Issue in the High Court of Chancery in Great Britain Between Henry the son of Frances Nugent Deceased by the Name and Description of Henry Nugent son and Heir of Edmond Nugent Gentleman Deced by Frances his wife and William Hancock and Elizabeth his wife Defendants on the part and behalf of the said Defendants (as follows) Imprimis Whether Do you know the Party Plaintiff and Defendants in the Title of these Interrogatories above named or any or Either and which of them and for how long have you so known them or any of them?
(2) Item Whether did you know Emond Nugent and Frances his wife father and mother of the Defendant Elizabeth Hancock or Either and which of them? if yea, when or about what time did the said Edmond Nugent Intermarry with the said Frances his wife? of what Nation or Country was the said Edmond Nugent by Birth and what Religion did he profess? of what Age was the said Edmond Nugent at the time of his said Intermarriage? Of what Stature features and Complexion was the said Edmond Nugent and as near as and in the best manner you can Describe his Person where and at what Place or Places did the said Edmond Nugent Live and Reside in England from and after his said Intermarriage? What Business or Employment did the said Edmond Nugent follow setforth according to the best of your knowledge Remembrance and beleife as to all and Every the Particular by this Interrogatory Enquired after and the Reasons and Circumstances thereof fully and at large Declare. (3) Item. Whether did the said Edmond Nugent in the second Interrogatory above named in or about the year One Thousand Six Hundred and Eighty Eight Go to France or any other and what parts or place beyond the seas? if yea, why and for what reason and upon what occasion did the said Edmond Nugent so go abroad and how long did he so continue? Whether was the said Edmond Nugent During his being so abroad and particularly in the Years One Thousand Six Hundred and Ninety Six and One Thousand Six Hundred and Ninety Seven Employed in the French service or Army as a soldier or officer? if yea, in what character post or station and in what company or companys Regiment or Regiments and in what Towns Places or Countrys did the said Edmond Nugent serve in the said Years One Thousand Six Hundred and Ninety Six and One Thousand Six Hundred and Ninety Seven and whether did the said Edmond Nugent During such his service and in the said years One Thousand Six Hundred and Ninety Six and One Thousand Six Hundred and Ninety Seven Constantly appear at Musters and in his Duty or was he absent at any time or times and for how long together? and was he in England at any time in those Years or at any time afterwards and when and upon what occasion particularly setforth according to the best of what you know Remember or beleive with respect to all and Every the Particulars by this Interrogatory Enquired after and the Reasons and Circumstances thereof fully and at large Declare. (4) Item. When did the said Edmond Nugent in the Preceeding Interrogatories abovenamed Depart this Life and where and in what manner and what became of his Goods Money or Effects after his Decease and how and to whom were the same Disposed sent or consigned setforth what you know beleive or have heard and been Credibly Informed herein and the Particulars and Circumstances relating thereto fully and at large Declare. (6) Item. Whether did Frances the wife of the said Edmond Nugent in the Second and Third Interrogatories abovenamed Go abroad with her said Husband into France or other Foreign Parts, if not where did she usually Live and reside During her said Husbands Absence? And what child or children had the said Edmond Nugent by the said Frances his wife before his Departure out of England or at any time or times or when afterwards when or about what time was the Defendant Elizabeth Hancock born and with whom did she usually Live before her Intermarriage with the other Defendant William Hancock setforth what you know Remember and beleive herein and the Reasons and Circumstances of such your knowledge and beleif fully and at large Declare
G French
John Reilly ] Jno Bowden ] Com’s
[] part Defend Deposition of Witnesses had and taken the Ninth Day of October one thousand seven hundred & twenty nine at the house of Edmond Murphy comonly known by the name of the Kings Arms Tavern in Essex Street Dublin, and on the twenty second Day of October one thousand seven hundred & twenty nine at the House of John Clark comonly known by the name of the Blackamoores head in the Town of Trim in the County of Meath and Kingdom of Ireland by virtue of a Commission issued out of his Ma’ties High Court of Chancery of Great Britain To John Dunn & John Reilly Esq’rs & John Bowden & Luke Meares Gent directed for the Examination of Witnesses in a Cause there Depending between Henry the son of Frances Nugent deced by the name and description of Henry Nugent son and heir of Edm’d Nugent Gent Deced by Frances his wife and William Handcock Gent and Elizabeth his wife Defts, on the part and behalfe of the Defts
1st Dept John Evers of the City of Dublin Gent ages Sixty years and upwards being duely sworn on the holy Evangelists and Examined at the House of the above named Edmond Murphy comonly known by the name of the Kings Arms Tavern in Essex Street Dublin on the Ninth Day of October one thousand Seven hundred & twenty nine Deposeth as follows
1st Int. to the first Inty. saith that he knows not the clt Henry nor the Defend. William Handcock but knows the Deft Elizabeth and became acquainted with her abt the later end of King Williams Reign or the begining of Queen Anns Reign having often seen her at her father Ned Nugents Lodgings in Clements Lane near Temple Barr London, and further to this Int’ye saith not
2nd Int. To the second Int’ye saith that he knew Edmond Nugent and Frances his wife Father and mother of the Deft Elizabeth Handcock but doth not know when or about what time the sd Edm’d Nugent Intermarried with the sd Frances his wife - saith the sd Edm’d Nugent was a Native of the County of West meath in the Kingdom of Ireland, and professed the Popish Religion, Doth not know what age he was of at the time of his Intermarriage -- saith that the sd Edmond Nugent was a Portly handsome Man fair Complexioned but having Red hair was called Red Ned Nugent tho he wore fair wiggs during the time of this Dep’ts acquaintance with him Saith he beleived the sd Edmond Nugent was married when this Dep’t knew him but does not know where in England the sd Edm’d Nugent Lived after his s’d Intermarriage other than in Clements Lane as in this Dep’ts Deposicon to the first Intry. mentioned -- Saith the s’d Edmond Nugent told this Dep’t he was a Captain in Berwick Regiment and had a Furlong to come for England wch this Dep’t verily beleived to be true and further to this Int. saith not
3d Int. To the third Int. saith that the s’d Edmond Nugent in the second Int. named soon after the Reduction of Lymerick which was about the year one thousand six hundred and ninety two went with severall others of the Irish Army from Ireland into France as this Dep’t was Credibly Informed and verily Beleived and the reason and occasion of the s’d Edm’d Nugents so going abroad was in order to better his Fortune as this Dep’t Beleives -- Cant Exactly setforth how long the said Edmond Nugent continued abroad save only That this Depon’t heard and Beleives he went into France as aforesaid and did not return into Great Britain till about a fortnight before this -- Dep’t saw him at Clements Lane abt the time in this Deponents Deposicon to the first Int. menconed -- Cause of this Depon’ts knowledge is that the said Edmond Nugent told this Dep’t soe, and that this Dep’t never heard or knew to the Contrary. This Dep’t saith he Beleives the sd. Edmond Nugent was Employed in the French service during his stay abroad, and saith that the s’d Edmond Nugent told this Dep’t he was a Captain in the Duke of Berwicks Regiment and Beleives the s’d Edmond Nugent served in France in the years one thousand six hundred & ninety six & one thousand six hundred and ninety seven but doth not know in what particular Town or Province of the s’d Kingdom -- Saith he doth not know whether the s’d Edmond Nugent during such his Service in the yeares one thousand six hundred & ninety six or one thousand six hundred & ninety seven did constantly appeare at Musters and in his Duty or whether he was absent at any time or times during the s’d years from his Duty -- Beleives the s’d Edmond Nugent was not in England in the years one thousand six hundred & ninety six or one thousand six hundred & ninety seven nor that he did come there untill the Later end of King Williams Reign or beginning of Queen Ann’s Reign -- and beleives the occasion of his then coming into England was to see his wife and his Daughter and further to this Int. saith not 4th Int. To the fourth Int. saith that he hath been informed and verily beleives that the s’d Edmond Nugent was wounded in a Battle between the King of France and the Duke of Savoy at Chiaria of wch wounds he soon after Dyed but knoweth not Exactly the time of his Death -- Saith that he hath been informed by one Luce Nugent a Popish Priest that the sd Edmd Nugent made his will before he Dyed, and bequeathed his Effects to his wife which Effects were afterwards transmitted to England to the s’d Luke Nugent who Delivered the same to the said Edmond Nugents wife and this Dep’t verily beleives what the s’d Luke Nugent soe informed this Dep’t to be true and further to this Int. saith not 6th Int. to the sixth Int. this Dep’t saith he Beleived that Frances the s’d Edmond Nugents wife did not goe abroad with her said Husband into France or other Forreigne parts but beleives that the said Frances usually lived in England during her said husbands absence, beleives the s’d Edmond Nugent had no Child by Frances his wife but one Daughter, nor did this Dep’t Ever hear any body say he had any Other Child by the s’d Frances and this Dep’t very well remembers that when the s’d Edmond Nugent left London which was in about a quarter of a year after his arivall from France, this Dep’t took Coach with the s’d Edmond Nugent his s’d wife & Daughter in order to see the s’d Edmond Imbark for France which he the s’d Edmond accordingly did without his s’d wife. This Dep’ts cause of knowledge is that he was well acquainted and conversant in the said Edmond Nugents Family during his the s’d Edmonds stay in London and further to this Int. cannot Depose
John Evers
2nd Dep’t Michael Nugent of Carlanstown in the County of Westmeath Esq. aged about fifty three years being duely sworne on the holy Evangelists and Exam’d at the house of the above named John Clark comonly known by the name of the Blackamoores head in teh Town of Trim in the County of Meath and Kingdom of Ireland on the Twenty Second Day of October one thousand seven hundred and twenty nine Deposeth as followeth
1st Int. To the first Int. Saith that he knoweth not Henry the son of Frances Nugent Deced by the name and Description of Henry Nugent Son and Heir of Edmond Nugent Gent by Frances his wife, nor the Deft William Handcock but beleives he knows Elizabeth his wife whom he beleives to be the Daughter of Edmond Nugent Gent Deced mentioned in the Title of the Int. and was acquainted with her abt the years one thousand seven hundred and Eleven and one thousand Seven hundred & Twelve and further to this Int. saith not
2nd Int. to the second Int Saith he knew one Edmond Nugent whom he beleives to be the person named in these Int. and his wife whose name he beleives to have been Frances and wch sd Edm’d & Frances he also beleives to have been the father and mother of the Def’t Elizabeth Handcock doth not know but heard and beleives the said Edm’d Nugent Intermarried with his said wife Frances about the begining of the Reign of the late King James the Second -- Beleives the sd Edmond Nugent was an Irish man by birth and was of the Roman Catholick Religion Can’t setforth what age the said Edm’d Nugent was of at the time of his s’d Intermarriage, saith that the s’d Edm’d Nugent was of a Midle size Broad shoulder’d fair Complexioned Red haired and well Limbed man and had the signe of a Large Cutt of one of his Cheeks -- saith that the sd Edm’d Nugent Lived in or about the Strand in the City of London when this Dep’t saw him in London wch was about the year one thousand seven hundred & one, or one thousand seven hundred and two to the best of thes Dep’ts memory, and heard and Beleives that the s’d Edmond Nugent was then an officer in the French Army and further to this Int. saith not
3d Int. To the third Int. saith he heard and Beleives the s’d Edm’d Nugent served in the army of the late King James the Second when in England about the year one thousand six hundred and Eighty Eight and thence followed the s’d King upon his abdication into France where he the s’d Edmond stayed for some short time and came into Ireland abt the year one thousand six hundred and Eighty Eight or one thousand six hundred and Eighty Nine -- much about the time the late King James the second came into Ireland -- Saith that the said Edmond Nugent served as an officer in the late King James’s army in Ireland untill the surrender of Lymerick which was abt the year one thousand six hundred and ninety one, about wch time he went wth severall of the Irish Troops into France and there continued untill the year one thousand seven hundred and one or one thousand seven hundred and two as this Dep’t beleives, Cause of this Depon’ts knowledge and beleif is that he was intimately acquainted with the s’d Edmond Nugent at London in the year one thousand seven hundred and one or one thousand seven hundred & two, who often told this Dep’t that he served in the Irish Troops in the French Service untill he had the misfortune of killing a man wch occasioned his coming into England abt the year one thousand seven hundred & one or one thousand seven hundred and two this Dep’t further saith that he was informed and verily beleives that he the s’d Edm’d served as a Captain in the Irish Troops in the French Service & does beleive that he the s’d Edm’d continued in France from the time of his Leaving Ireland after the surrender of Lym’k as afores’d untill the year one thousand seven hundred & one or one thousand seven hundred and two as afores’d, but in w’t Company Regiment or Town the s’d Edmond served in the year one thousand six hundred & ninety six or one thous’d six hundred & ninety seven this Dep’t knoweth not, and this Depon’t further saith he believes that the s’d Edm’d Nugent was not in England in the year one thousand six hundred & ninety six or one thousand six hundred and ninety seven, but whether he attended his Duty at Musters or otherwise this Dep’t knoweth not, and beleives that the s’d Edm’d Nugent came into England in or ab’t the years one thousand seven hundred and one or one thousand seven hundred & two as afores’d and further to this Int. saith not 4th Int. To the fourth Int. This Dep’t saith he heard & beleives the s’d Edm’d Nugent in the preceding Int. named was killed in Italy in some short time after he parted England which was in or about the year one thousand seven hundred & one as this Dep’t beleives -- This Dep’t further saith that ab’t the year one thousand seven hundred and Eleven This Dep’t was applyed to in London by the widow and the Daughter of the s’d Edm’d Nugent to Enquire after the Effects of the said Edmond, and accordingly this Dep’t to the best of his remembrance wrote into France to Gen’ll Nugent concerning the same, who this Dep’t beleives gott them or some of them and remitted the same or the value thereof to the said widow and further to this Int. saith not 6th Int. To the sixth Int. This Dep’t saith he beleives that the s’d Frances the wife of the said Edmond Nugent in the second and third Int. aboved named did not doe abroad with her s’d husband into France or other Foreigne parts This Dep’t further saith he beleives that the s’d Frances usually Lived in London during her s’d husbands absence This Dep’t further saith that he knoweth not never heard or beleives That the s’d Edm’d Nugent at the time of his Departure out of England or at any time or times afterwards had any Child or Children by the s’d Frances his wife other than one Daughter whom this Dep’t beleives to be the s’d Def’t Elizabeth Handcock -- Doth not know when or about what time the s’d Defend’t Elizabeth Handcock was born but saith that whilst this Dep’t knew her she Lived wth her mother the said Frances Cause of this Dep’ts knowledge and Beliefe is that he was very well acquainted with the said Frances mother to the s’d Elizabeth and that the sd Frances reposed great confidence in this Dep’t and often declared to him that the s’d Elizabeth was all her Care and Charge or to that purpose & further to the Int. saith not
Michael Nugent
Cross Interrogatoryes to be adminstered to witnesses to be produced sworn and examined in a Cause now depending in the high Court of Chancery wherein Henry Nugent is Complainant and William Hancock and Elizabeth his Wife are Defendants on the part and behalf of the Defs
14th Interry: Did you know or was you acquainted with Edmond Nugent in the Bill named late father of the Complainant, If you have how long was you acquainted with him before his Death and where did he Dye Declare.
15th Interry: Do you know or have you heard and beleive that the said Edmond Nugent did at any time and when serve in the army under the King of France in the years one thousand six hundred and ninety six & one thousand six hundred and ninety seven or in either and which of the said years or before or after If so was he absent from the said army in either and when of the said years or before or after If yea for how long time was he so absent Do you know or have you heard and by whom by name that the said Edmond Nugent was or was reputed to be in Company with his wife in England and in what part thereof or in any other place and where in any and what particular part or month in the years one thousand Six hundred and ninety six and one thousand Six hundred and ninety seven or before or after Declare what you know or have heard and de beleive touching the severall matters and things in this Interry Inquired after together with your Reasons at large
Lastly Do you know or have you heard of any other matter or thing material or for the benefit or service of the Complainant in this Cause if so set forth the same fully and particularly together with the severall Circumstances thereof and your reasons at large.
Jno Bowden John Reilly
Cha: Robins
Depositions of Witnesses had and taken on the ninth day of October one thousand seven hundred & twenty nine at the house of [Edmond] Murphy Comonly known by the Kings Arms Tavern in Essex Street Dublin & on the twenty second day of octob’r one thousand seven hund’ twenty nine at the house of John Park Comonly known by the name of the Blackmore’s head in the town of Trim in the County of Meath & Kingdom of Ireland by virtue of a Comission Issued out of his Ma’ties high Court of Chancery in Great Brittan to John Dunn & John Reilly Esq’rs & John Bowden & Luke Meares gent directed for the Exam’n of Wittnesses in a cause there defending between Henry Nugent Compl’t & W’m. Hancock & Eliz his wife defts produced on the part & behalf of the defts and now cross Examined on the part of the Complt as followeth First depon’t John Evers of the Citty of Dublin gent aged sixty yeares & upward who being duely sworn on the holy Evangelist and Examin’d at the house of [] Edmond Murphy on the ninth october to the said cross Interrogatories deposeth & sayth as followeth
14th Interr. To the fourteenth cross Interr. the depon’t sayth that he was well acquainted with Edmond Nugent in the bill named but was not acquainted with the Complt Henry and never heard that the said Edmond Nugent had a son and this depont sayth that he was acquainted with the said Edmond Nugent for the space of about two months in London and this depon’t heard & believes that the said Edmond Nugent dyed in France in about two yeares after such his acquaintance with him and further to this Int’ye sayth not
15th Interr. To this fifteenth cross Interrogatorie this depon’t sayth he knows not but heard & believes that Edm’d Nugent in this Interrogatorie named served in the Army under the French King in the years one thousand six hundred and ninety six and one thousand six hundred and ninety seven and this depon’t knows not or ever heard nor does he believe that the said Edmond Nugent was absent from the said army in either of the said two yeares and this depon’t knows not nor hath heard nor does he believe that the said Edmond Nugent was in Company or reputed to have been in Company with his wife in any part of England or in any other place during during the said two years on thousand six hundred and ninety six and one thousand six hundred and ninety seven nor doth this depon’t know particularly how long before or after the said yeares that the said Edmond Nugent was in Company or reputed to have been in Company with his wife the reason of this depon’t’s beliefe is that this depon’t being very Intimate with the said Edmond Nugent and he the said Edmond Nugent having told this depon’t severall transactions of his Life did not mention to this depon’t any thing of his being in England with his wife in the said two years one thousand six hundred & ninety six or one thousand six hundred and ninety seven and further to this Int’ye sayth not last Int. To the last Interr’ this depon’t cannot depose John Evers
2d Depon’t Michael Nugent of Carlanstown in the County of Westmeath and Kingdom of Ireland Esq’r aged fifty three years or thereabouts who being duely sworn on the holy Evangelists and Examin’d at the house of the sd John Clark in the town of Trim on the said twenty second day of october deposeth & sayth as followeth.
14th Interr. To the fourteenth cross Interrogatorie this depo. sayth he was acquainted with one Edmond Nugent but knows not whether he was the Edmond Nugent in the bill named or whether he was father of the Complt but sayth he was acquainted with the said Edmond Nugent from the year one thousand six hundred and Eighty eight untill the years one thousand seven hundred and one or one thousand seven hundred & two and heard and believes that he was kill’d in Italy in some short time afterwards and further to this Int’ye cannot depose
15th Int. To the fifteenth cross Interrogatorie the depont sayth he heard and believes that the said Edmond Nugent did serve in the French Army in the years one thousand six hundred and ninety six and one thousand six hundred and ninety seven and before and after & did not hear nor does he believe that he the said Edm’d Nugent was absent from the said service untill the year one thousand seven hundred and one and the depon’t hath nor heard nor does he believe that he the sd Edm’d Nugent was in Company or reputed to be in Company with his wife in England or elsewhere during the years one thousand six hundred and ninety six and one thousand six hundred and ninety seven nor untill about the year one thousand seven hundred and one and further to this Interrogatorye cannot depose Last Int. to the last Int. this depon’t cannot depose Mich’l Nugent
Nugent versus Hancock: Final Decree
Whereas heretofore that is to say In or about & Easter Terme which day in the year of our lord one thousand seven hundred and twenty seven Henry Nugent son & heir of Edmund Nugent Gent. by Frances his Wyfe dec[eas]ed who was Dau[ghter] and heir of Henry Byne deced Compl[ainan]t Exhibitted his bill in this Vene[r]able Court against W.m Hancock and Eliz: his Wife Def[endan]ts whereby settingforth that the said Henry Bynne being seized in Fee of and in severall land & tenem.ts [with] hereditam.ts in the parish of Crowash & Harbledown in the County of Sussx & Kent of the yearly value of one hund.d forty pounds & upwards on intermarriage of the said Complts Father & Mother did settle & assure the sd Prem[iss]es to himselfe for life and then on the Complts Father & Mother for their lives with remainders to Trustees to support the Contingent uses [...ations] remainder to the first and other sons in taile male with severall other remainders over or in some other manner that the Complts Father could not barr the remainder to the issue male after whose death Edmd Nugent entred upon & enioyed the said prem[iss]es till his death which happned in the year One thousand Seven hund.d & six leaveing the s.d Complt his only son and the Deft his only Daur whereupon his mother entred upon and took possession thereof but she designing to gett the said Estate from the Complt. when he should be of age and settle the same upon his sister who married the said Deft William Hancock used diverse means to keep him Ignorant of his Title to the s.d Estate & the value thereof wherefore when he applyed himselfe to be for some allowance thereout pretended that the absolute power thereof was in her and that she could allow him but a very small matter and Insinuating that he Illigitamate and therefore co.d derive no Title to the s.d Estate But that in case he should Relinquish all his right thereto & to prevent any trouble that might arise thereby after her death would paye three hund.d & fifty pounds for his support with which artifices & misrepresentions and being in great straights at length was prevailed upon to execute some deed which was prepared by his mother or the said Deft and accordingly was carryed to Westminster where he suffered some recovery or recoverys of the said Estate and thereby fixt the same in his mother and her heirs accordingly rec[eiv]ed of her the s.d three hund.d and Fifty pounds & afterwords by some deed or will she settled or conveyed the same to the said Defts and their heirs and about January then last departed this life whereupon the Defts poss[ess]ed themselves thereof and the s.d Complt. by his said bill charged that the said deed or recovery ought to be sett aside or at least to have a reconveyance thereof which he requested the Defts to do on paym.t of the said three hundred and fifty pounds and the s.d Edm.d Nugent dying Intestate & Interested in or [...] unto a considerable personall estate of the value of three thous.d pounds which the s.d Frances possessed herselfe of & took out letters of admins[tra]tion and therefore he as one of his children was Intitled to one third part thereof and the said Frances before her death made her last will and testam.t in writing And thereof appointed the Defts Executors who not only proved the same but took out letters of adminis[tra]tion de bonis non of the s.d Edm.d Nugent and poss[ess]ed themselves of their s.d p[er]sonall Estates but refused to account with him for the same wherefore that the Defts might answer the prem[iss]es and that the Deeds & Writeings so made and Executed by the said Complt. might be sett aside and that he might be lett into poss[ess]ion thereof and the Defts come to an account for the personall Estates of the s.d Edm.d Nugent the Father and the said Frances his mother and to be releived prayed the aid and assistance of the hon[or]able Court and that process of S[ub]p[oen]a might be thereout awarded which being granted and the said Defts therewithall only served they put in their answer thereto and thereby sayd they beleived that the s.d Edm.d Nugent dec[eas]ed did in the year one thousand six hund.d eighty seven marry the said Frances and afterwards some settlement was made by the s.d Henry Bynne of his s.d Estate for the benefitt of his Daur and her Issue But not before or in consideration of the marriage the same being had without the said Henry Bynnes approbation & betwixt them had the s.d Eliz: their only Child born in December one thous.d six hund.d & eighty eight but the s.d Edm.d being an Officer in the service of King James did upon the said kings abdication leave the Kingdom and enter into the service of the late French king where he stayed for severall years and that dureing such his absence abroad his wife contracted an unhappy Familiarity with one Henman al[ia]s Taylor a Doctor of Physick and by him had an Illigitamate Child the now Complt who from the time of his birth was kept in an obscure and private manner as a base born Child at the expence of the said Henman for a Considerable time and was owned as such by his said mother and when about the year one thousand seven hund.d and one the s.d Eliz: Father returned into England the birth of the s.d Complt. was kept secrett from him nor was he ever known or acknowleged by him as his son and after some months stay in England returned again into France where he dyed in or about the said year But did not know whether he made a will or what personall Estate he left nor did his said wife ever take out letters of admins[tra]tion or rec[eiv]ed more then fifteen pounds or thereabouts and the said Defts Further said that the said Edm.d Nugent being dead and the Complt. thinking that his mother wou.d come unto any termes rather then expose him and herselfe Exhibited a bill in Hillary terme one thous.d seven hundred & twenty three against his mother and these Defts wherein he claimed the said Estate as heir at Law to the s.d Edm.d Newgent by vertue of same settlem.t made thereof by the said Henry Bynne either in Imediate possession or afores.d was desireous that the affair might might [sic] be amicably adiusted And prevailed with these Defts out of duty to her to submitt thereto whereupon it was left to Mr Thomas Bedford dec[eas]ed and the Complt. and severall others on his behalfe attended on him accordingly when it was agreed that the said Frances should give the said Complt. three hundred and fifty pounds and that the said Complt should release and convey to her all his pretended right title and Interest in the said two prem[iss]es and for that purpose should levy a Fyne and Suffer a Recovery to the said Frances & her heirs and that they should Execute to each other Severall Releases of all demands whatsoever In performance whereof the said Frances on the fifteenth of May one thousand seven hund.d and twenty four did pay the said Compl[ainan]t the s.d three hund.d and fifty pounds and thereupon by Indenture Tripartite the Complt and these Defend.ts of the first part and the Abraham Hancock of the second part and Aspley Newton of the third part whereby for three hundred and Fifty pounds paid the said Compl[ainan]t and for barring all remainders in the prem[iss]es and settleing the same the s.d Complt. and his mother and the now Defts did Covenant that before the end of the then Easter terme to levey a Fyne of the prem[iss]es to the use of the said Abraham Hancock and his wife for Ever in order to make him tennant to the precipe till a com[m]on Recovery could be suffered which was agreed to be done Before the end of the Terme and the uses thereof was declared to be to the said Frances her heirs and assignes for ever which said Fine and Recovery were leveyed and suffered accordingly and that after by Ind[entu]res of lease and Release bearing date the first and second days of June one thous.d seven hundred and twenty Four the said Release being made between the said Frances of the one part the said Defts and Abraham Hancock of the other part in Considera[ti]on of a marriage had between the said Defts and as a marriage portion for the sd Eliz: and the better to enable the said William to provide for himselfe and his said wife and for and in Considera[ti]on of Five hundred pounds to the said Frances in hand paid by the said William she at the Deft Eliz:ths desire did grant release and convey to the s.d Wm and Abraham Hancock and their heirs all the said mannor lands and prem[iss]es comprized in the afores.d Deeds of the Fifteenth of May one thousand seven hundred and twenty four to the use in the first place of and for raiseing and paying to the said Frances Nugent one Annuity or rent charge of fifty pounds per ann dureing her life and subiect thereto to the use of the Deft William and Abr[ah]am Hancock and their heirs In trust for the said William and his heirs with a Covenant on the part of the said Defend.t William to pay the said annuity or Rent charge dureing her naturall life which said annuity or Rent charge he accordingly paid her till the time of her death which happened on the seventh of January then last haveing duly made and published her last will and testament and thereby gave and devised all her reall and personall Estate to the Deft Elizabeth her daughter and appointed her Ex[ecu]trix thereof Only her personall Estate being very small did not prove the same and the said Defendants further sayd that it was fully meant and agreed by the said Compl[ainan]t and the said Frances and all other persons concerned in the said agreem.t that for the reasons and Con:s aforesd the said Complt was absolutely to release and convey all his pretended right he had to the afores.d prem[iss]es and the said Deft hopes and Insistes that he being a purchasor from the said Frances under the said Compl[ainan]ts agreem.t Fine Recovery and Conveyance and the same being fairly and deliberatly made and Executed by the said Compl[ainan]t without the least Complaint or Exception thereto dureing the said Frances life time the Complt should not be admitted to sett aside the said agreem.t and the said Fyne Recovery and Conveyance so solemnly Executed by him as afores.d and that the said complt and the said Frances also gave to each other at the Execution thereof Generall Releases of all demands whatsoever and denyed Combination[?] & concluded Generally and afterwards the Defts put in further answer, and the Compl[ainan]ts amending said Complt replyes and the Defts Reioyned and the said cause being at Full and perfect Issue diverse wittnesses were Examined and their Depo[siti]ons duly taken according to the Antient practice of this hon[or]able Court as by the said Bill answers Replication and Deposi[ti]ons all of them remaining duly Fyled and upon Record Referrences thereto being had may more Fully and att large appear and the said Cause had standing in Court ready for hearing Fryday the Twentyth day of November in the fourth year of the Reign of the present Maiestic king George the second was appointed by this Court for the hearing thereof On which day the same comeing on according to be heard before the Right Hon[or]able the lord high Chancellor of Great Brittaine in the presence of Councell learned on both sides the Complts Bill and the Defts Answer appeared to be the same in substance as herein settforth whereupon and upon debate of the matter and reading of an Indenture dated the twenty fourth of January one thousand six hundred and Eighty seven and Indenture dated the fifth of May one thousand seven hundred and twenty four and the Chirograph of Fine and two Exemplifications of Recoveryes leveyed and suffered in pursuance thereof in Easter Terme one thousand seven hundred and twenty four and the proofes taken in the Causes and hearing what was alledged by Councell on both sides his Lordshipp did Order and it is therefore this present day that is to say Fryday the twentyeth day of November the fourth year of the Reigne of our most Gracious Sovereign lord king George the second by the Grace of God of Great Brettaine France and Ireland king defender of the Faith &c and in the year of our lord one thousand seven hundred and thirty by the Right Honourable Peter Lord King Baron of Ockham lord high Chancellor of Great Brittaine and by the high and honourable Court of Chancery and the authority thereof Ordered and adjudged that the said Plaintiffes Bill be from henceforth dismissed out of this Court without Costs but if the said plaintiffe doe give the said Defendants any Further trouble about the matters in question then the said Defendants are att liberty to apply to this Court for their Costs of this Suit and thereupon such Order shall be made as shall be Just.