Held at:	National Archives
Reference:	C 21/P36/1 [DBW]
Source:	Original Document
Title:	Guest Contribution: Transcript of a legal document relating to an estate called The Park
Place name:	Longtown
Date:	1590

Description:

This is a transcript by Dewi Bowen Williams BA of an Elizabethan legal document held at the National Archives of a court case about The Park estate concerning Prothergh [plaintiff] v. Thomas [defendant]. The transcript is mostly in modern spelling; portions where there are holes and missing edges to the manuscript are shown in square brackets.
The transcript and introduction are shown here with the kind permission of the author.
Ewyas Lacy Study Group

 Introduction

Prothergh, a native of Longtown, is Captain John Prydderch, an officer in Elizabeth I's army, and Thomas is David Thomas of Michaelchurch Court. The estate seems to encompass lands associated with Tanhouse Farm, perhaps formerly a parcel of the Brooks or one of the Bryn Farms. The Park's full name was Park Phillip David ap John. 

A bridge called Pont y Kitchin, referred to in the document, is possibly near Pont Ynys Mill. The kitchen could refer to the mediaeval Longtown bakehouse, one of the ancient outbuildings at the mill. Pont y Kitchin may be a former name of Pont-yr-Ynys or another bridge that lead to the bakehouse.

A Survey of the Manor of Ewyas Lacy in 1702 lists a holding by Malachi Jones “The Parke” – 13acres; it is possible that this is field no. 399 identified in the later tithe map [below]. 

The Longtown Tithe Map of the 1840s contains references that may be linked to the estate in question; over the road from Lower Bryn is a large field called “The Parks” No. 399, and  fields 478 and 472 are called “The Park” and “The Park Wood” 

 Transcript

The Park, Longtown

(National Archives, C 21/P36/1)

 

Elizabeth dei gratia Anglie Francie et Hibernie Regina fidei defensor] etc

Dilectis sibi Johanni Games, Johanni Parry de Dulesse armigeris, Ludovici Watkins et Miloni Parry generoso salutem

Sciatis quod nos de fidelitatibus et providis circum-speccionibus vestris in negotiis nostris agendis plurimum confidentes

[?Thomas] istius commission[or]

[?pavteius] quibusdam

codolis huic commiss.

annex.

John Games

 

John Parry

 

Lewis Watkins
Prydderch v. Thomas  (John Prothergh v. David Thomas)

32 Elizabeth

 

Interrogatories [administered by] David Thomas defendant to examine his witnesses with […]

the matter in question between John Prydderch’s plaintiff and him the said David Thomas defendant […] them and

 

Do you know the said parties, plaintiff and defendant and how long have you known them And do you know one Tenement and certain

lands arable wood and pasture called The Park lying in Longtown in the parish of Clodock (Clidocke) in the county of Hereford

and how long have you known the same?

 

Do you know that David John Prydderch the plaintiff’s father deceased in inquest in the sixth year of the reign of our sovereign lady

Elizabeth [1] in consideration of a sum of money, by the said defendant David Thomas to him [paid] did bargain and sell the said land [?to]

the said David Thomas and thereof him enfeoffed To have to him and to his heirs for ever and that he the said Prydderch

duly executed livery thereof by delivering a turf and a twig But also sealed and delivered a charter or deed of lands

and a release of the said lands to the said David Thomas and to his heirs for ever with a clause of warranty And [?was ]

not there a great sum of money paid by the said David Thomas to the said Prydderch for the said Land. And did [you]

see it paid or heard that the same was paid or not?

 

Was not your name there amongst other witnesses written to be one of the witnesses upon the back side of the said deed? And how

many other witnesses were there present? Did the said David Thomas then enter into the said lands and [did] [the]

tenants occupy and enjoy the same ever sithence by taking of the rents issues and profits thereof? And [?do you know]

or have you heard that the said Prydderch and Joan (Johane) his wife levied a fine thereof before the justices of [?assize] [in]

the county of Hereford to the said David Thomas and his heirs for his further and better assurance thereof [a   ] [oft wr  ] [  ]

lands? And did not the said David Prydderch live about two & twenty or three & twenty years after the said [     ] [    ] [   ]

all that time never impleaded the said David Thomas for the premises? And did not the said Prydderch in [          ]

was two years?

 

Do you know that the said Prydderch or Thomas ap Rhys Parry (Thomas Price Parry) being his brother in law for him / or either of them [              ]

years made a Tender of any sum of money upon the premises pretending that they or one of them with that [?livery] would]

redeem the said lands from the said David Thomas upon what day and in what year was that supposed to be

was it the last instant of that day or about one of the clock in the afternoon of the same day?

 

Did Watkin Harry David, Watkin ap Ievan Harry or one Watkin Harry Lewes or others carry several sums of money to the said [?decd] [   ?]

 and day at the request of the said Thomas Price Parry [?there] to be told And did the said Parry promise the said Watkin David,

Watkin Harry Lewes and Watkin ap Ievan that they should forthwith after the telling thereof have their several [?lots] of [?money] [     ]

Tendered to them delivered back again? And did not the said Watkin David Watkin Harry Lewes and Watkin ap Ievan [y       ]

[       er] the telling of that money then receive there money again, And went they not about three or four miles the more [           ] [     ] [        ]

[     ] that day to pay the said several sums of money else where as they had promised and appointed, To whom and in [?what place] [      ] [     ]

[  were] those sums paid before somme going down the said day, And had the said Watkin David Watkin Harry or Watkin ap Ievan

any intention to leave the said money behind them for the said David Thomas or for any other to his use [ye] [         ]

[       ] said lands, or was it otherwise a colourable show in telling of the said money with no meaning that [?x^s] should [       ]

the said David Thomas or to any other for him?

 

Was not one Lewes Price Lewes the then known servant to the said David Thomas and warranted in his letter of attorney then [th      ] [or] [    ]

[   r] and in the name of the said David Thomas offering to have received the said money according this warrant if Prydderch [                  ]

[     ] said Parry would have paid them And did not the said Prydderch and Parry deny and refuse to pay them [six?] [   ]

[    ] unless the said Lewes Price Lewes would deliver up all the writing which the said David Thomas had upon [     ]

[      iss] And also be bound that the said David Thomas should forgo and release a covenant which he had of the said [    ] [  ]

[    ] the enjoying and occupation of the premises for three years next after the redemption thereof [that] [h       ] [   ] [             ]

would pay any money to redeem that land and because the said Lewes Price answered them that he had not the [ h          ]

[    ] delivered and denied to be bound that the defendant David Thomas should release the said Prydderch for the e[          ]

[     ] premises for the said three years did not the said Prydderch and Parry then say and declare openly that they  [       ]

[     ] of them would then pay the money to redeem that lands but refused to pay Thomas before and presently after [ h se]

[    ] did not the said Prydderch & Parry put up the money and delivered them to the several owners to be carried away as [ve    ]

[    ] did not the said Lewis Aprice Lewis there show the said letter of attorney and offered the same to the said Prydderch and your Thomas Price Parry or one of yours to be read and perused

 [        ] he the said Prydderch refused to pay the said money to the said attorney.

[   ] [yevs] Thomas Price Apparry by the oath that you have taken of your own knowledge knoweth [there] last articles above recited

 [   ] sixth and seventh articles or the more part thereof in effect to be true declare your knowledge therein at large and [      ]

[  ] touching that cause did you write with your own hand to the said David Thomas.

 

[...] in the house in wherein Gwillym John Richard now dwelleth at Michaelchurch in the county of Hereford the [24^th] day of [?May] in the [ ]

[     ] year of the Queen’s majesty’s reign that now is, And did you then and there see the said David John Ap Rhydderch [        sye] [ rany]

[        ] shillings of money to him th[us] paid by the said David Thomas and for certain wheat barley and wool [?by] [v  lh r g es]

[               ] to his use given delivered up to the said David Thomas the counterpane of such covenants and such bonds as [   ] the [       ]

[   ] [       ] [hereof] the said David Thomas for the redemption of the said lands to be cancelled And are those covenants and [     ]

[              ] cancelled now showed unto you at this [yowel examination taken]  And did not the said Prydderch then [ et] [ half] [?Price] [at         ]

[            ]  the delivery of the said writings in your sight seal and deliver as his Act and deed [?as] the said David Thomas

[            ] [               d] acquaintance from him and his heirs in that behalf and of all demands duties actions or cause of [                 ] [         ] [      ] [     d] or might have against the said David Thomas from the beginning of the world until that day [            d] [w      h] [       ] [           ] Barley] and wool paid and delivered accordingly.

 

[     ] Prydderch see your husband receive the said forty shillings of the defendant. And did not your husband [then?] [           ] [         ] receive the said corn and wool of [he e est?] or of his wife viz. two bushels of wheat one bushel of barley [            ] [       ] of wool.

 

[      Rhys Parry] natural brother to the said Prydderch’s wife. And did you with your own hand write the names of [               ] upon the back side of the said release and acquittance and your own name also. And did you Richord [                   ] own hand write your own name and some other of the names of more witnesses upon the back side [               ]and acountaunce at that present time.

 

[          ] [     er] [own] knowledge or have you heard [by] credible [report] how many great oaks were standing & growing [                         ] [         ] [       ] entry of the [    ] [                          ] the same. And what was every of the said oaks worth. [     ] [       ] [   ] [                ] [the] [    ] [     ] [      ] [?oak] report that the said David Thomas [?did] /

(on the dorse)

 

To the Right honourable Sir Christopher

Hatton[i] High Lord Chancellor

of England

 

29 January 1589

[per manus Eustatij Parrye]

[??co pen.  Muscharen?                  ]

Interrogatories inferred by John Prydderch to examine his witnesses to be produced on the part and behalf of the same John against David Thomas defendant.

 

Inprimis do you know the said complainant and defendant and did you know David Prydderch deceased? late father to the said complainant ye or no

 

Item whether do you know or have you heard that the said David Prydderch was in his life time lawfully seized in his demesne as of fee of and in certain lands called The Park situate lying and being in Longtown in the said county of Hereford and did he not purchase the same of one Philip Williams and Gwenllian his wife which Gwenllian was heir of the same lands and daughter to one George Harry ap Llywelyn[2] ye or no and how do you know the same to be true?

 

Item whether do you know or have you heard that the said David Prydderch did in his life time [?convere & affirm?] the said lands called The Park to the said [   ] ye or no and whether the [?same] [was] conditional and to be void for [the one] [moiety] for certain sum of money to the said defendant by the said David Prydderch’s lands upon the payment and how much was the same sum and how know you the same to be true heirs or assigns?

 

Item do you know or have you heard that the said sum of money was tendered and offered to be [paid] to the said defendant by the said David Prydderch or any other person or persons for him according or to the condition contained in the same conveyance and how know you the same to be true and by whom was it so offered & tendered to be paid?

 

Item what was the cause that the said money was not paid according to the condition contained in the same conveyance and how know you the same to be true / had the defendant’s servants any warrant in writing to receive the same as you think or know them?

 

Item whether do you know or have you heard that the said defendant did after the making of the said [ ] conveyance and before the [?day] limited for the payment of the same sum of money fell and cut down divers timber trees great ashes and other trees and woods growing and being on the said land ye or no and what were the same timber trees and ashes worth as you do think and did not you hear that there were ashes sold there for 20^s a piece and do not you know or have you heard that Sir John Gwyn clerk vicar of Longtown should report that he made 20^s/ 26^s 8^d & 30^s above all charges of some one oak of the same timber trees / declare your whole knowledge [sered?] at large?

 

Do you know or have you heard that the said defendant sold a great number of timber trees and ashes some for 20^s a piece and some for more some for less as well to the said Sir John Gwyn as to Morgan Watkin, Lewes John Llywelyn, John Russe, Howell Phillip, John Thomas ap John, Griffith Harry and [     ] to divers others, and how many whole houses & barns were newly built of the same timber trees in the country there for wood of [          ] [     ] [    ] the same wood 4^or 5^th or 6 years after?

 

Item do not you know or have you heard that the said defendant for the space of six weeks or more before the time limited for the redemption of the same lands had 20^ty or 30^ty labourers, farmers, and carpenters felling down of the same timber trees , and a hewing, squaring, and sawing of the same trees by night and by day to remove the same timber trees in to the lanes streets and to other men’s ground by the same park ye or no?

 

9.         Item how many acres of ground did the same wood called The Park and the situation thereof contain as you think, and would not the same park in a year of mast feed a 100 or 120^or fore very well, as you do think in your conscience declare the truth hereof at large?

 

10        Item what rent doth the same land called The Park yield at this day, and what building hath the said defendant made on the same lands called The Park, and to what value as you think in your conscience declare the whole truth hereof at large?

 

11        Item whether do you know or have you heard that the said David Prydderch did convey the other moiety of the said lands to the said defendant upon special and secret trust, and confidence, and for and to the use of the said David Prydderch and his heirs ye or no, and what was the cause that he did convey the same was it not done by the counsel of the said defendant to defeat one John Harry ap Llywelyn of the same moiety who was to have the same by an adward made betwixt the said John Harry ap Llywelyn and the said David Prydderch?

 

12        Item do you know or have you heard that there was an adward in writing between the same David Prydderch & the said John Harry ap Llywelyn for the moiety of the same park and that by the same award the said John ap Llywelyn was to have the moiety of the same lands called The Park to him and to his heirs and [   ] that the defendant after he had had conveyed to him the one moiety of the same lands called The Park [  ] moiety did not  [  ] the said Prydderch being then sued before the Council in the Marches for the same moiety did not the defendant as you have heard or know upon sight of the same ward and finding some [?nupserwe] in the same counsel the said David Prydderch to convey the other moiety of the same lands called The Park to the said defendant & to his heirs, alleging to the said David Prydderch that by that means the counsel could not take away the moiety of the lands from the said David Prydderch and did not the said defendant promise that the same David Prydderch should have the same lands again and that the same should be to his own use as you have heard ye or no?

 

13        Item did not you know or have you heard that the Council in the Marches under their order betwixt the said David Prydderch and the said John Harry ap Llywelyn that in as much as the same David Prydderch could not assure the moiety of the same lands called The Park to the said John Harry ap Llywelyn that the said David Prydderch  should pay  to the said John Harry ap Llywelyn for his costs of suit damage the some of £32?

 

Item do not you know or have you heard that the defendant did promise faithfully to the said David Prydderch that he would fell no woods on the said lands called The Park before the day limited for the redemption thereof but so much as should be needful for the [        inge] of the same and what were his words as you remember, declare the same as near as you can?

 

Item whether do you know or have you heard that both the said moieties of the said lands were conveyed to the said defendant by one conveyance or by several conveyances, is by one conveyance what was the cause why [these?] were so conveyed & how know you the same to be true?

 

(dorse)

 

Item do you know or have you heard that the plaintiff’s mother after the day of redemption [?prise] [  e] semblies did use to curse the said defendant’s wife & children being brought to [?repossess] and did not the said defendant as you know or have heard make means unto her to be [?ever] cursing & requested the said David Prydderch to seals to the defendant & to his heirs [a   lease?] of the same lands called The Park and deliver the said defendant all the writings that the said David Prydderch had touching the same lands & that the said defendant would [? ewes] the examples [ h   k] am ale to the said plaintiff’s mother that should be worth 20^ty nobles to redeem a meadow and did not the said defendant after he had gotten the same releases sealed break for the same ale being prepared for to the great charges of the said David Prydderch and how know you the same to be true?

Depositions of witnesses as taken at the Hay in the county of Brecknock, before John Games esquire, John Parry, and Lewes Watkin gentlemen, the tenth day of January in the xxxij year of the reign of our sovereign lady Elizabeth (10^th January, 1589/1590) by the grace of God Queen of England France and Ireland defender of the faith etc. By virtue of her majesties commission out of her High Court of Chancery to them directed.

 

Ex parte Johannis

Prydderch generoso quer.

 

Malde verghe William John of Clodocke in the county of Hereford spinster of the age of 40 years or there abouts sworn and examined upon the said plaintiff’s behalf upon the articles hereunto annexed.

 

1          To the first Interrogatory she saith that she knoweth the parties, plaintiffs and defendants and David Prydderch in the said Interrogatory named when he was living

 

2          To the second Interrogatory she saith that she knoweth that the said David Prydderch was owner of the lands called The Park in that Interrogatory mentioned and to the rest of the Interrogatory she cannot depose.

 

3          To the third Interrogatory she saith That she knoweth that the said David Prydderch mortgaged one half of the said lands called The Park unto the defendant for the sum of £50 upon condition of redemption upon Candlemas at Seven years end but the time certain of the said mortgage she doeth not well remember And for the other half of the said lands she cannot show how the same came to the defendants hands And saith that all was to be redeemed by the said David Prydderch upon payment of the said £50 at the 7^en years end next after the making of the said bargain And being examined how she knew the same to be true saith that she heard the said David Prydderch and [?others] say that the said David Prydderch did mortgage the said land as she saith aforesaid.

 

4          To the 4^th Interrogatory she deposeth that the said David Prydderch’s wife did curse the defendant his wife and his children divers times and days after the day of redemption past for that the defendant did the said Prydderch wrong in delaying of the said lands and not suffer him the said plaintiff’s father to enjoy the same lands upon tender of the said money And further that she knoweth that the plaintiff’s mother made an ale at the request of the defendant upon [?promise] to bring company to the said plaintiff’s mother whereby she might have Twenty nobles And saith also that the said defendant made default of coming or sending to the said Ale And that the plaintiff’s said mother was thereby greatly hindered in making provision for the said ale And further touching the said Interrogatory she cannot depose And to all the rest of the Interrogatories she is not required to be examined

                                                Jo. Games    John Parry    Lewes Watkins.

 

Thomas ap Richard of Longtown in the county of Hereford labourer of the age of 68 years or there abouts sworn and examined upon the said Interrogatory on the said plaintiff’s behalf deposeth and saith.

 

1          To the first Interrogatory he saith that he knoweth the said parties and lands called The Park and know David Prydderch the plaintiff’s father when he was living.

 

2          To the second Interrogatory he saith that the said David Ap Rhydderch in his lifetime was owner of the said lands called The Park and that he purchased the same of one Phillippe Williams and Gwenllian his wife.

 

3          To the third Inter. he deposeth that the said David Prydderch abouts 24^ty years past mortgaged the said lands called The Park unto the defendant for £50 redeemable at the end of 7^en years then next following for he saith that he then dwelled in the house with the said Prydderch and heard the said plaintiff and defendant confess the said bargain to be sorte aforesaid.

 

To the 6th Interrogatry he saith that he doth know that the defendant before the day of redemption of the said lands did cause to be fallen and cut down upon the said lands nine score oaks being then commonly sold for 12^[d?] a piece. And further he saith that in his conscience the woods was worth the lands.

 

To the seventh Interrogatry he saith that divers of the persons in the said Interrogatory named did buy wood of the said lands of the defendant at what price he doth not know and saith that a barn of three or four rooms was built with the woods of the said lands by one John Thomas ap John and that divers of the neighbours with the persons in the said Interrogatory named had woods of the same lands for two or three years following.

 

To the eight Interrogatory he saith that the said defendant and others by his appointment did for the space in the same Interrogatory mentioned before the time limited for the redemption of the said lands and had divers workmen and labourers sawyers and carpenters felling down sawing and squaring of the said timber trees as well by day as by night and that the defendant had teems of oxen both by night and day carrying and removing the said timber trees out of the same lands into other lands and lanes there next adjoining and being examined how he knoweth the same to be true saith that he heard them and saw them so doing by day and by night.

 

To the ninth Interrogatory he saith that the said wooded parcel of the park did contain about 30^ty acres and in mast time it usually fed forty swine. And to the rest of the interrogatory he is not required to be examined. /

                                                            Jo. Games     John Parry      Lewes Watkins

John Gwillim John of Clodock in the county [of] Hereford labourer of the age of 50 years or there abouts sworn & examined upon the Interrogatory upon the plaintiff’s behalf deposeth and saith.

 

To the first Interrogatory he saith that he knoweth the parties plaintiff and defendants and knew David ap Rhydderch (David ap Retherghe) the plaintiff’s father and knoweth the said lands called The Park in the said Interrogatory mentioned and the said lands hath known by the space of forty years last past.

 

To the second Interrogatory he saith that he knoweth that David Prydderch was owner of the one moiety of the said lands called The Park.

 

To the third interrogatory he saith that the said David Prydderch did mortgage the said lands to the defendant about 25^tie years last past (c. 1565) for the sum of £50 redeemable at the end of seven years then next after and saith that he then dwelled with the said David and heard the said bargain then concluded upon between the said parties /

 

To the 6^th interrogatory he saith that the defendant did cause the timber trees ashes and other woods growing upon the said lands to be cut down and fallen after the making of the said bargain and before the day limited for the redemption of the said lands /

 

To the 7^th Interrogatory he saith that he heard and doth know that the defendant did sell a great number of the said trees as well to the persons in the said Interrogatory named as also to divers others of the inhabitants there abouts. And saith further that divers of the inhabitants of Longtown had free woods out of the said lands for five or six years space then next after.

 

To the eighth interrogatory he deposeth and saith as the former deponent Thomas ap Richard hath deposed.

 

To the 9^th interrogatory he deposeth as the said deponent Thomas Prichard hath deposed saving that he saith that the said woods in a mast year would feed a C or six score swine or there abouts as he verily thinketh in his conscience, And further touching the said interrogatory he cannot depose. And to the rest of the interrogatory he is not required to be examined.

                                    Jo. Games      John Parry     Lewes Watkins

 

Ievan David John of Clodock in the county of Hereford yeoman of the age of 60 years or there abouts sworn and examined upon the articles upon the plaintiffs behalf deposeth and saith.

 

To the first interrogatory he saith & deposeth affirmatively.

 

To the fourth Interrogatory he saith that upon the eve or feast of the purification of our lady abouts 7 years past (1^st or 2^nd of February, 1582/1583) he was present upon parcel of the said lands called The Park and there saw the plaintiff’s father with Thomas Price Parry gent tell and tendered the sum of £50 of lawful Englishe money to be paid to the defendant in redemption of the said lands.

 

To the sixth Interrogatory he saith that he saw a great number of oaks and other wood cut down upon the said lands before the day of redemption thereof, but by whom he knoweth not  And saith that he heard that some of the said oaks were sold by the defendant for 2^s and 2^s 6^d a piece.

 

To the seventh and eighth interrogatory this deponent is ignorant but that he saw divers workmen cutting down and hewing of the timber trees and other woods upon the said lands most commonly for space of six weeks before the day of the redemption of the said lands.

 

To the 9^th interrogatory he saith that the said ground where the said wood did grow doth contain abouts 20 acres and further touching the said interrogatory he cannot depose. And to the rest of the interrogatory he is not required to be examined .

Jo Games    John Parry    Lewes Watkyns

 

John Gwyn clerk vicar of Clodocke in the county of Hereford of the age of 53 years or thereabouts sworn and examined upon the said Interrogatory upon the plaintiffs behalf deposeth & saith as followeth .

 

To the first interrogatory he saith he knoweth the parties and the lands in [?various] between them called The Park and knew David ap Rhydderch (Retherghe) in the same interrogatory named.

 

To the 6^th interrogatory this deponent saith that he doth know and did see that the defendant after such time the said David Prydderch had mortgaged the said lands to the defendant And before the day limited for redemption thereof did cause and procure divers timber trees growing upon the said lands to be cut down and fallen. And saith that he this deponent did bargain and buy of the defendant two of the said oaks or timber trees for 4^s 4^d a piece or there abouts. And also bought of the defendant about 11^en or 12^ve oaks in the whole of the said timber trees or fire woods after the rate of abouts 3^s a piece some under and some above. And saith some of the same were by him bought before the day of redemption and some of the same were by him bought before the day of redemption and some after and denyeth that he made such report as in that interrogatory is declared.

 

To the 7^th interrogatory saith that he cannot depose otherwise then he hath deposed to the 6^th interrogatory saving that he this deponent had firewoods out of the said lands of the offal of the said trees for the space of three or four years next after. And saith that he had not any timber saving out one of the butt of four of the said trees to his remembrance.

 

To the eighth interrogatory he this deponent saith that there were divers workmen and labourers for the space of three weeks or there abouts before the said day of redemption hewing an cutting down the said wood and timber and that divers teems were removing and carrying the same wood out of the same lands the same time.

 

To the 9^th interrogatory he is ignorant [      ] further touching the rest of the same interrogatry he cannot depose and saith he is not required to be examined.

                                                                        Jo Games    John Parry    Lewes Watkyns

 

Lewis Jones of Clodock in the county of Hereford gent of the age of 72 years or there abouts sworn and examined upon the interrogatry ministered upon the plaintiff’s behalf deposeth and saith.

 

To 16^en and last interrogatory he saith that he heard the plaintiff’s mother divers times curse the defendant his wife and children for that she had not here right at the defendant’s hands as she said And saith that he this deponent of his own mind without any request made to him of any person hearing her cursing reported to the defendants and willed for charities sake and to avoid the cursing of the said woman to give her something to satisfy her want and thereupon the defendant at this deponent’s request and in consideration that the said husband should make seal and deliver him the defendant a general release of all such claim as he the said David Prydderch pretended to have in and to the premises was contented to give the said David Prydderch 40^s and to his wife some malten wheat & wool the quantity whereof he doth  not now remember And further to the said interrogative he cannot depose and to the rest of the interrogatory he is not required to be examined.

Jo Games    John Parry    Lewes Watkyns

 

Rice Morgan Wilcocke of Clodocke in the county of Hereford yeoman of the age of 64 years or there abouts sworn and examined upon the interrogatory upon the plaintiff’s behalf deposeth and saith as followeth.

 

To the sixth Interrogatory this deponent saith that he doth very well know that the defendant after the making of the said conveyance and bargain and before the day of redemption of the premises did cause to be cut down divers timber trees growing upon the said lands.

 

To the seventh interrogatory he saith that he doth know that the defendant did sell divers and sundry trees of the premises to the persons in that interrogatory named and to others but for what some certain this deponent knoweth not. And saith that divers persons thereabouts had firewood of the offal of the said timber trees for two or three years after.

 

To the eighth interrogatory this deponent saith that the defendant and others that bought wood there of him had divers workmen and labourers most commonly for the space of six weeks before the day of redemption of the premises that more hewing and cutting down of the said timber trees and that the defendant and others that bought wood of the defendant had five whip saws sawing of timber upon the premises the said time And this deponent saw much of the said wood and timber removed out of the premises by some teems of oxen whose they were he knoweth not.

 

To the 9^th interrogatory he this deponent saith that the ground whereupon the said wood grow dothe contain by estimation abouts 24^tie acres.

 

To the 10^th interrogatory he saith that the said lands is worth by year £4 13^s 4^d or there abouts but what rent the defendant hath therefore this deponent knoweth not. And saith that the defendant hath not repaired nor builded any house upon the premises but repaired an old pigeonhouse.

 

To the 11^th interrogative he is ignorant.

 

To the 12^th and all the rest of the said interrogatories he cannot depose saving that he knoweth that the said lands was once divided into two parts between the said David Prydderch and John Harry ap Llywelyn & further saith that suit of law was between the said defendant & the said John Harry ap Llywelyn touching the part of the same in the tenure of the said John Harry ap Llywelyn and also deposeth that the said defendant recovered the same before her majesties Council in the Marches of Wales against the said John Harry but whether the said David Prydderch convered that half of the premises unto the defendant upon any secret trust or not he doth not know.

Jo Games    John Parry    Lewes Watkyns

 

John Harry Lewis of Clodock, in the county of Hereford labourer of the age of 72 Years or thereabouts sworn and examined upon the said interrogatories deposeth and saith as followeth.

 

To the first he saith affirmatively.

 

To the 6^th interrogatory he saith in every point and article as Rhys ap Morgan the former deponent hath said.

 

To the 7^th interrogatory he deposeth that the defendant did sell divers and sundry trees of the premises to the persons in the same interrogatory named and to divers others for what sums he knoweth not and saith that the defendant did build a house of part of the said timber at Longtown the same house containing three rooms part thereof being stone wall and hath also with some other part of the timber repaired a pigeon house in Longtown aforesaid and that one John Thomas ap John did build a new barn with some of the said timber which barn doth contain three rooms or bays and also saith that divers the neighbours there had fire wood upon the premises the same time and how long after he knoweth not.

 

To the 8^th interrogatory this deponent saith that divers workmen sawyers and carpenters and other labourers were abouts the space and time in the same interrogatory mentioned hewing cutting down squaring and sawing of the said timber for he saith that divers of the said workmen did lodge at this deponent’s house at the same time and saw certain teams carrying and moving timber of the said land to other lands and lanes next adjoining to the said Park.

 

The 9^th interrogatory he saith that the lands whereupon the said wood grew doth contain abouts 24 acres and further he cannot depose touching the said interrogatory and upon the rest of the interrogatories he is not required to be examined.

Jo Games    John Parry    Lewes Watkyns

 

 

Harry Madock of Clodock, in the said county of Hereford husbandman, of the age of 74 years or thereabouts sworn and examined upon the said interrogatories deposeth and saith as followeth.

 

To the first interrogatory he saith that he knew the said David Prydderch and knoweth the defendant and the said lands.

 

To the 6^th interrogatory he saith that the defendant before the day limited for redemption of the said lands did cause divers of the timber trees to be [cut down and] he the deponent being a carpenter by occupation did hew and square part of the said timber and that he this deponent did build one new house for the defendant containing in length abouts forty foot & in breadth about 18 foot & one new barn for one John Thomas ap John containing abouts three bays or rooms of part of the said timber.

To the 8^th interrogatory this deponent saith that he the time therein mentioned hew and cut down some part of the said timber trees and heard others there hewing and cutting down some part of the said timber trees.

 

To the 9^th interrogatory he saith that he doth not know what number of acres the said ground whereupon the said wood grew doth contain. And saith that in a year of mast being well taken the said wood before it was fallen would have fed abouts 40 swine and further touching the said interrogatory he cannot depose. And upon the rest of the interrogatories he is not required to be examined.

Jo Games    John Parry    Lewes Watkyns

 

Thomas James Powle of Clodock in the county of Hereford yeoman of the age of 58 years or thereabouts sworn and examined upon the interrogatories deposeth as followeth as follows.

 

To the 6^th interrogatory he deposeth that the defendant after the making of the said conveyance and before the day limited for redemption did cause the timber trees and wood thereupon growing to be cut down and being examined what the said timber trees were worth saith that he doth not certainly know but saith that if the said wood had been his and growing upon his ground he this deponent would not have taken £40 for the same wood.

 

To the 7^th interrogatory he saith and deposeth that he heard by report that the defendant sold a great part of the said timber and wood as well [to the persons in that interrogatory] named as to divers others but for what sum certain he knoweth not and saith that Harry John Philip Wiliam had some part of the said timber towards the building of a new barn & that one Griffith Harry had some other part of the said timber and also saith that divers of the inhabitants thereabouts had fire wood from the premises the said time which endured for abouts two years after.

 

To the 8^th interrogatory he this deponent saith that he did see divers workers and labourers at sundry times by the space in the said interrogatory mentioned hewn cutting down  [    ing] of the said timber trees and did also see a great part of the said [            ] out of the said lands to the lanes and lands next adjoining.

 

To the 9^th interrogatory this deponent saith that all the said lands as well wood is arable lands and [past]ure doth contain abouts 50 acres.

 

To the 10^th interrogatory he saith that the said lands is worth between £4 and £5 and knoweth not what yearly rent the defendant hath for the same . And  further to the said interrogatories he cannot depose. And on the rest he is not required  to be examined.

Jo Games    John Parry    Lewes Watkyns

 

Rhys ap Rhys ap Harry of Clodock aforesaid in the said county, gent of the age of 47 years or thereabouts sworn and examined upon the said interrogatories deposeth and saith as followeth.

 

To the first interrogatory he saith affirmatively.

 

To the third interrogatory he saith that David Prydderch did mortgage the one half of the said lands called The Park unto the deponent for the sum of £46 13^s 4^d or thereabouts redeemable at the Feast of Purification of our Blessed Lady the Virgin (2^nd February) abouts 6 or 7 years after upon repayment of the said sum and being examined how he knew the same to be true he was present at the said bargain making.

 

To the 4^th interrogatory he speaketh affirmatively by report of his brethren.

 

To the 6^th interrogatory he saith that the defendant [?sering] lest the said David Prydderch would redeem the said lands at the day of redemption did cause divers timber trees growing upon the premises to be cut down and fallen and being examined what the said timber trees was worth saith that if the same had been his he would not have taken a £100 for the said trees for he saith that if he had the like he would make [?more] money [?thereof].

 

To the 7^th interrogatory he saith that he doth know that the defendant did sell unto the person named in the said interrogatory and to divers others [?  ] [    ] a great number of timber trees  and other woods from and of the premises but for what sum he knoweth not. And saith that the defendant made a house and barn under one ruff of part of the said timber. And that John Thomas ap John made one barn of three rooms of other part of the said timber. And further saith that the most part of the neighbours there abouts had firewood of the premises for the space of 5 or 6 years then next after. And that some of them have part of the same firewood yet.

 

To the 8^th interrogatory he saith that divers and sundry labourers and workmen be the [?apoynted] of the defendant and others that bought some part of the said timber trees the most part of the time in the said interrogatory mentioned in the day time were sawing sanding hewing and squaring of the same timber and saith that he this deponent did often help to set some of the said timber trees upon saw pits to be sawed and have some of the said labourers hewing by night in the said wood and also have some of the said oak [?sawing] down and saw divers teams by day carrying of the said timber and knoweth well that some of the said timber was carried away by night.

 

To the 9^th interrogatory he saith that he doth not certainly know how many acres the said wood and the situation thereof doth contain but he saith that he doth very well know that the said park in a year of mast would have fed abouts 60 swine before the cutting down of the said oaks.

 

To the 10^th interrogatory he saith that he doth not know what rent the defendant hath for the said lands called The Park but he saith that the same is worth 7 pounds by year at the least.

 

To the 11^th interrogatory he saith that he heard by report that the said David Prydderch did convey the other part of the said lands to the defendant in special trust reported by the said Prydderch in the defendant to the use of the said Prydderch and his heirs. And that he so did by the counsel and advise of the defendant to the [?intent] to defeat one John Harry ap Llywelyn of the said moiety whereunto the said John made claim by some former adward made between him and the said David Prydderch for the same moiety of the said lands.

 

To the 12^th interrogatory he saith that he heard said by report that such an adward as in the same interrogatory is mentioned was made between the said Prydderch and the said John Harry ap Llywelyn and saith that the defendant finding some defect in the said adward did advise the said Prydderch to convey the same to the defendant and that he would help him to recover the same moiety against the said John Harry ap Llywelyn. And this deponent also heard by report that the defendant did promise the said Prydderch that he should have the same moiety upon recovery thereof to his own use and that the said defendant in consideration thereof should have a lease of the whole land called The Park for the space of three years next after the same recovery paying £5 yearly for the whole land called The Park.

 

To the 14^th interrogatory he saith that he was present and heard that the defendant at the execution of the first adsurance did promise the said Prydderch that he would not make waste in the said wood before the day of redemption. And further touching the said interrogatory he cannot depose. And upon the rest of the said interrogatories he is not required to be examined.

Jo Games    John Parry    Lewes Watkyns

 

Richard John ap John of Clodock in the county of Hereford yeoman of the age of 40 years or thereabouts sworn and examined upon the said interrogatory deposeth and saith as followeth.

 

To the first interrogatory he saith affirmatively.

 

To the 6^th interrogatory he saith that the defendant before the day limited for redemption of the said lands did cause and procure the said woods to be fallen and cut down and by report saith that the cause why he despoiled the said wood was for that David Prydderch should not redeem the said lands.

 

To the 9^th interrogatory he saith that the said lands called The Park is about fifty acres and saith that the said wood before it was fallen would feed in a good mast year 60 swine or thereabouts and further touching the said interrogatory he cannot depose and upon the rest of the said interrogatories he is not required to be examined.

Jo Games    John Parry    Lewes Watkyns

 

 

Johan Prydderch of Longtown in the county of Hereford widow of the age 57 years or thereabouts likewise sworn and examined upon the said interrogatories deposeth and saith as followeth.

 

To the 16^th & last interrogatory she saith that she could not choose but curse the defendant for that she knew very well that he did her great wrong in not suffering her husband to have the said lands back again upon repayment of the mortgage money. And further saith that one Lewis Jones gent a kinsman of the defendant about 11 years last paste (c.1579) the time certain she knoweth not, came to this deponent alleging that the defendant did greatly mislike with her cursing & that it was thought a son of the defendant died by reason of her cursing & the said Jones desired her to quiet herself & then would he be a [?mere] to the defendant to relieve her. And within short time after by means of the said Jones the defendant did promise to give to this deponent & to her husband 40^s one bushel of wheat one bushel of malt two pound of wool and one old cassock. And further willed this deponent to make an ale and that he said defendant would procure her to have twenty nobles of the [?funds] of the defendant which he would cause to come to this deponent’s ale towards the redemption of a meadow which this deponent’s husband had mortgaged for £8 6^s 8^d so that she this deponent would procure Thomas ap Rhys Ap Harry to come before the company there. And so that this deponent’s husband would seal and deliver to the said defendant a general release and afterwards this deponent made an ale and permitted other victuals for the intent aforesaid and notwithstanding the defendant cannot himself neither did he send any other for him so that this deponent was thereby greatly hindered. And further touching the said interrogatory she cannot depose and upon the rest of the said interrogatories she is not required to be examined. And this deponent meeting the defendant cried upon him how he had deceived her for the same ale, whereupon the defendant did give her 2^s 6^d which was all that she had towards her [?hinde] came in making the said ale.

Jo Games    John Parry    Lewes Watkyns

 

Howell Philip of Clodock in the county of Hereford Smith of the age of 50 years or thereabouts sworn and examined upon the said interrogatories deposeth and saith as followeth.

 

To the 7^th interrogatory he deposeth and saith that the defendant before the day limited for redemption of the said lands did sell to this deponent two oaks of the said timber trees for 7^s 4^d and saith further that he and one Lewis ap Rhys bought the crop of 7 other oaks for 7^s. And further or to the rest of the said interrogatories he is not required to be examined.

Jo Games    John Parry    Lewes Watkyns

 

Richard Harry Tyler of Longtown in the county of Hereford husbandman of the age of 40 years or thereabouts sworn and examined upon the said interrogatories deposeth and saith as followeth.

 

To the 9^th interrogatory he saith that he maketh the number of the acres of the said land to be in the whole 60 acres called The Park viz. wood, pasture and arable and further touching the said interrogatory he cannot depose. And upon the rest of the said interrogatory he is not required to be examined. Howbeit this deponent calling himself to remembrance to the 6^th interrogatory he saith and deposeth that the defendant before the day of redemption of the said lands did cause the most part of the timber trees thereupon growing to be cut down and the same removed and taken away from the premises. And saith that he knoweth and thinketh in his conscience that the same wood were of great value. And saith that if the same wood had been his he would not have caused the same to be cut down for £60.

Jo Games    John Parry    Lewes Watkyns

 

 

Thomas ap Rhys ap Harry (Thomas ap Rice Apparry) of Hinton in the county of Hereford gentleman of the age of 66 years or thereabouts sworn and examined upon the said interrogatories deposeth and saith.

To the first interrogatory that he knoweth the parties and did know David Prydderch deceased the late father to the said complainant.

 

To the second he saith he did hear that the said David Prydderch was in his lifetime lawfully seized in his demesne as of fee of and in certain lands called The Park lying and being in the Longtown in the county of Hereford and did hear and partly know that he did purchase the same of one Philip William and one called Gwenllian as this deponent heard his wife, daughter of one George Harry ap Llywelyn which Gwenllian was inheritress of the same lands.

 

To the third interrogatory did he hear it reported that the same David Prydderch did in his life time convey and assure the one moiety of the said lands called The Park to the said defendant in mortgage for the sum of fifty pounds upon condition of redemption by repayment of the said sum on the feast of the Purification of our Blessed Lady the Virgin which was as this deponent remembereth in the year of our Lord God one thousand five hundred three score and eleven (2^nd February, 1571/1572) to the said defendant or to his heirs but that indenture for the moiety this deponent did not see but this examinant saw an indenture of the whole lands that did purport such a condition of redemption as before is said.

 

To the 4^th interrogatory he saith that the said sum of £50 was tendered and offered to be paid upon the day limited for the redemption of the same lands by this examinant for the said David Prydderch the same David Prydderch being then present and in place according to the condition contained in the conveyance that the said David Prydderch  then showed and forasmuch as the said defendant doth say in pleading that the said money was tendered by this examinant bearing malice to the said defendant to make a brabble or quarrel to the title. This examinant saith by his oath and utterly renounceth the merits and benefits of the death and passion of Christ without whom there is no salvation if this examinant did not mean as faithfully and as truly to pay the said money to the said defendant as ever he meant anything in his life. And further saith by his oath that the defendant was then a dear friend and kinsfriend to this examinant for although the said defendant had made then a shameful and unconscionable spoil of the woods and timber of the said lands yet this examinant did think that the said lands was worth abouts twenty nobles by year if this examinant had not meant to redeem the said lands what need had this examinant to mortgage his own lands for £20 at that time as he remembereth to seek to save the said lands to the said David Prydderch having married this examinant’s sister and saith further by his oath that he did not mean at that time to redeem any other lands then the same lands as the defendant hath also alleged what this examinant did with the said money afterwards he doth not remember.

 

To the 5^th interrogatory he saith that this examinant did tell fifty pounds upon some stock on the same lands called The Park. And saith it is since as he remembereth 18 years at Candlemas next (2^nd February,1589/1590 minus 18yrs = 2^nd February,1571/1572) and did not think there should come any question of this matter and it may be this examinant doth not remember all that was spoken there but to his remembrance and he doth think that he remembereth the cause why the said money was not paid. After this examinant had told[3] the same money he [?sayed] if there were any there that had warrant to receive the said money and would receive the same for the defendant and deliver up the conveyance and adsurance thereof and the lands and there were two there for the defendant as this examinant doth remember Lewis ap Rhys Lewis a nurse of the defendant and some other as he remembereth Richard Simonds who offered to receive the money but they said they would deliver no assurance nor conveyance nor promise that the said David Prydderch should have either the money or the lands again and glavused[4] forth such dark speech as though the defendant did mean by colour of some other title to keep the said lands of the money were paid and after there pretended in plain words a title to the lands for three years after the redemptions for 5^s a year and as for any warrant as this deponent remembereth this examinant asked them if they had any warrant in writing from the defendant to receive the money they showed none to this examinant to his knowledge if they had any. And when this examinant did prove that the defendant did mean to keep the lands and to drive the matter to trouble and charges the defendant being an attorney at the Council in the Marches this examinant put up his money which by his oath he meant to pay as before is said and this was the cause the money was not paid by this examinant and the said Prydderch.

 

To the 6^th interrogatory he saith that he doth know that the defendant after the making of the said conveyance and before the day limited for redemption of the same lands did make a sole spoil of the timber trees ashes and other woods growing on the said lands called The Park what they were worth this examinant knoweth not this examinant did hear that Sir John Gwyn made much of some one oak in wainscot neither doth he know what number of trees were there fallen but such a multitude of trees and blocks as laid in closes by the wood and in lanes and streets in Longtown this examinant did never see in any place and he saith he heard there were ashes sold there at a great price if it were true and saith if this examinant had been owner of the same wood he would not have taken a £100 of no man in England for the same wood.

 

To the 7^th interrogatory he saith that he heard and knoweth that the defendant did sell and give by report stone and timber trees to a great number of the inhabitants thereabouts the country how he sold them this examinant knoweth not. And he further saith that he this examinant did divers tears after see some timber and blocks for fire wood lie at men’s houses and in the lanes and streets of Longtown great store.

 

To the 8^th he saith that he knoweth that the said defendant before the day that he knoweth that the same lands was to be redeemed how long space he knoweth not had great store of workmen falling down of all manner of timber trees and other woods in the same woods and park and as this deponent heard they wrought there night and day hewing squaring sawing and carrying forth of the same wood and by [?moonshine]. And it was reported that they sawed them by lantern light but this examinant did not see of the same.

 

To the 9^th interrogatory he saith that the situation of the s[aid] wood doth contain as this examinant thinketh and is informed by them that dwelleth near it 24 acres or thereabouts and this examinant doth think in his conscience that the same lands called The Park in a mast year would have kept and fed sufficiently a hundred swine and more.

 

To the 10^th interrogatory he saith that he heard that the said David Prydderch did first convey the one moiety of the said lands to the defendant in mortgage for £50 and reserved the other moiety in his hand to know how it would fall out betwixt him the said David Prydderch and one John Harry ap Llywelyn deceased who was to have the same moiety by some adward by some gentlemen made betwixt them in which ward there was as it was said some [?imperfection] and want of words which bred great trouble and as this examinant heard the defendant made acquainted with the same imperfect advance counselled the said David Prydderch to convey the other moiety of the said park and lands to the defendant to that end the Council in the Marches should not be able to take the same lands from the defendant nor from the said David and then he promised as this examinant heard to keep the same to the said David Prydderch his use and at the redemption  the said David Prydderch should have the whole lands back again. And thereupon as this deponent heard new indentures of the whole lands new made to the defendant at an assizes time in Hereford and a fine knowledged and the old cancelled.

 

To the 12^th interrogatory he saith there was such an adward as it was commonly said as in the said interrogatory is specified. And to that interrogatory more than before in the last is said that he cannot depose.

 

To the 13^th interrogatory he saith that he knoweth that the Council in the Marches of Wales for that the said David Prydderch had conveyed the said moiety of the same land called The Park to the said defendant and to his heirs so that he could not perform the same adward was ordered to pay the said John Harry ap Llywelyn in recompense of the same breech the sum of £32 which was paid accordingly.

 

To the 15^th interrogatory he cannot depose more than before he hath said unto 11^th interrogatory.

 

To the 16^th interrogatory he saith that the wife of the said David Prydderch did give forth evil speeches of the said defendant many times. And she told this deponent that the said defendant had promised her to make her an ale to redeem a meadow of hers that lay in mortgage for £8 6^s 8^d and for other considerations in the same interrogatory mentioned so this examinant would take the matter upon him and gave him meeting which this deponent was contented to do and brought at the day appointed a company with him, but the defendant came not. And this deponent knoweth that it was a hindrance to the said David Prydderch for that his wife had made [?provision] for many and few came to the number she expected and more touching the said interrogatories he cannot depose.

Jo Games    John Parry    Lewes Watkyns

 

James ap Rhys ap Harry of Mychelchurche Esklye in the county of Hereford gentleman of the age of 52 years or thereabouts sworn and examined upon the said interrogatories deposeth and saith as followeth.

 

To the first interrogatory he saith that he knoweth the plaintiff and defendant and did know David Prydderch mentioned in the said interrogatory.

 

To the second interrogatory he saith that he knew the said David Prydderch seized in his demesne as of fee of and in certain lands called The Park mentioned in the said interrogatory and doth remember very well the purchase that he made of and upon the same of the daughter of George Harry ap Llywelyn and of her husband named Philip William as far as this examinant remembereth and hath seen the conveyance thereof.

 

To third interrogatory he saith that true it was that the said David Prydderch did convey and assure the premises unto the said defendant for the sum of £50 as far as this examinant remembereth upon condition of redemption and the day of redemption was limited in a piece of indenture of conveyance between them made and knoweth same to be true for that he was one of David Prydderch’s sureties for the performance of the covenants as far as he doth remember.

 

To the 4^th interrogatory he is ignorant saving that he had by credible report that his brother Thomas Price Apparry brought the money in place what tender on why he did not pay the said money in redeeming of the premises he doth not know.

 

To the fifth interrogatory he is ignorant.

 

To the 6^th interrogatory he saith that a little before the day of redemption mentioned in the covenants made between the said Prydderch and the said defendant that the defendant sold and gave away the oaks and ashes growing upon the premises and hath seen the same woods there many years after lying full in the streets of Longtown which is very near to the said Park the value whereof he is ignorant.

 

To the 7^th interrogatory he saith that he dwelleth 4 miles distant from the said Park and therefore cannot tell how many workmen were there and heard by report that the said wood was hewn and cut down both by day and night being but a two or three months before the day of redemption of the said lands.

 

To the 8^th interrogatory he saith that at that time when the woods were growing upon the premises that the very wood and ground did contain bear 40 acres or thereabouts and knoweth no building made upon the same but one old pigeon house the defendant did augment and make a new which was upon the said premises.

 

To the 10^th interrogatory he saith that he knoweth not whether the said Prydderch bargained for the one half of the Park at the first time or not, but this examinant knoweth very well of the bargain that passed between them for the whole for that he saw the conveyance thereof whither the conveyance of the whole was conveyed for to defendants John Harry ap Llywelyn of an adward made between the said Prydderch and the said John Harry ap Llywelyn for the moiety of the premises was done by the advise of the defendant he knoweth not, but it was done by the consent of the said Prydderch and of the said defendant as all men thought.

 

To the 11^th interrogatory he saith that when the said Prydderch purchased the premises the foresaid John Harry ap Llywelyn being farmer of the same before would not void the possession thereof unto the said Prydderch by his good will and then this examinant’s father[5] travelled between them and he with others of friends made an adward between them that the premises should be divided into two parts between them, the one to Prydderch and the other part to John Harry ap Llywelyn. And for that some inspection was found in the said adward the said Prydderch and the said defendant by force of the conveyance made by the said Prydderch to the said defendant the defendant had the whole lands and the Council in the Marches awarded the said Prydderch to pay unto the said John Harry ap Llywelyn the sum of £32 or thereabouts.

 

To the 12^th interrogatory he can say no more than he hath said unto the last interrogatory.

 

To the 15^th interrogatory he saith he was present when David Prydderch sold a release of the premises to the said defendant the conclusion of that was made by one Lewis Jones a cousin-german of the said defendant. This examinant heard his sister then or within a little after report that the defendant promised her a bid-ale that should be worth £5 or the like sum of money what was paid then by the defendant to the said Prydderch he knoweth not unless it were 40^s or thereabouts and further touching the said interrogatories he cannot depose. And upon the rest he hath not been examined.

Jo Games    John Parry    Lewes Watkyns

 

William Watkins of Craswall in the county of Hereford gentleman of the age of 43 years or thereabouts sworn and examined upon the said interrogatory deposeth and saith as followeth.

 

To the first interrogatory he saith that he doth know the parcel. And defendant in the interrogatory mentioned and that he did very well know the said David Prydderch deceased.

 

To the second interrogatory he saith that he [?had] [    ] [             ] David Prydderch was seized in his life time in his demesne as of fee of and in certain lands called The Park situate lying and being in Longtown in the county of Hereford and that the said David Prydderch himself did declare to this examinant that he purchased the said lands of the right heirs of John Harry ap Llywelyn deceased.

 

To the third interrogatory he saith that the said David told in his life time to this examinant that he had mortgaged the said lands to the defendant for the sum of £50 as this examinant remembereth upon condition of redemption by repayment of the said sum upon the Feast of Purification of our Lady abouts 17 or 18 years past (Feb 2^nd 1571/1572 or 1572/1573) and re[      ] this examinant to be a mean to one Thomas ap Rhys ap Parry father in law to this examinant that he would help him to have money to [     ] the said lands and that it was worth £50 more.

 

To the 4^th interrogatory he saith that he this examinant was then married to the daughter of Thomas ap Rhys ap Harry and that the said Thomas ap Rhys ap Harry requested this examinant to come with him to Longtown to see the payment of a piece of money that should be paid for the redemption of the lands now in the variance by the said David Prydderch with whom this examinant then presently went and carried a bag full of money to the same lands called The Park and there saw the said Thomas ap Rhys ap Harry telling the said money upon the butt of an oak being fifty pounds as this examinant remembereth and there was also present the defendant’s servants and well willers viz. Lewis ap Rhys Lewis, Richard Simonds and others to the remembrance of this examinant. And there and then the said Thomas ap Rhys ap Harry asked the said Simonds and Lewis ap Rhys Lewis and the others whether they had the conveyance of the said lands there or warrant to receive the said money who answered and said they had not the conveyance of the said lands there but that they had a warrant to receive the money, but showed forth no warrant in this examinant’s sight. And there[upon] the said Parry would not pay the money unless he might have the conveyance or see what warrant they had to receive the money. And saith further that David Prydderch was present when the money was tendered and did also [? en] the money himself.

 

[To the fifth interrogatory] he saith that as he thinketh the cause was that the money were not paid [?then] for that the servants of the defendant would not show [  ] sufficient [          ] to receive the same not deliver the conveyance of the said lands to the said D[avid] [Pr]ydderch and as this examinant said in the last interrogatory he saw no [           ] then. And being further examined upon the said interrogatory saith [              ] said Lewis ap Rhys, Richard Simonds and others that were then present [            ] the defendant did use and mutter in speeches that if the money were [             ] that David Prydderch should hardly come to the lands by reason of some [             ] that the defendant had to the lands and for that he had some grant for [      e] years to come after the redemption of the said lands for 5^s a year [   ] being [        e] the cause that the money was not paid then.

 

To the 6^th interrogatory this examinant saith that he doth know that  the [      ] [def]endant before the day there the same [                                                                         ] [  n] of the said lands after the making of the said conveyance did cause to [     ] cut down all the best oaks and ashes that were then growing upon the [      ] [lands] called The Park and that the same were sawed clefted and carried [?away] by day and by night with teams and with horses and that they laid in [        ] [       ] [s]awed timber blocks and crops upon the streets lanes sides and at d[       ] [      ] [   ] [     ]own very pitifully to be seen and considering the waste [that       ] [                ] certainly know the number [?or pain] of [        ] [     ] country that any man would be loath to take [a hundred pounds] [      ] spoiled there. And to the rest of [the said            ] [                        ] [   e] required to be deposed.

Jo Games    John Parry    Lewes Watkyns

 

 

Top of questions of David Thomas defendant in Latin ... apud Westminster. xxviij die novembris anno regni regis tricesimo secundo. (28^th November, 1589)

[….]

 

 

 

 

 

 

 

Ex parte David Thomas defendant.

 

Depositions of witnesses taken at the Hay in the county of Brecknock before John Games esquire John Parry and Lewys Watkin gentlemen the tenth day of January in the [32?] reign of our sovereign Lady Elizabeth (10^th January, 1589/1590) by the grace of God queen of England France and Ireland defender of the faith etc. By virtue of Her Majesty’s  Commission out of her High Court of Chancelry

 

Howell William Powell of Cwm Yoy (Come Yoye) in the county of He reford gent of the age of threescore and four years or thereabouts sworn and examined upon the interrogatories upon the defendant’s behalf hereunto annexed.

 

To the first interrogatory he saith that he knoweth the defendant and knoweth the plaintiff’s father but the plaintiff he knoweth not. And saith that he knoweth the land called The Park in the said interrogatory mentioned and the same he hath known this forty years past.

 

To the second interrogatory he saith that abouts four or five and twenty years last past he this deponent was present at Longtown in the county of Hereford and there did see David John Prydderch the plaintiff’s father upon a piece of land there parcel of the said lands called The Park and delivered as his deed And delivered livery of seisin of the said lands then and there as a turf and twig unto the defendant according to the said deed. And also the said David Prydderch sealed and delivered then an there a deed of release of the said lands unto the said defendant, but whether the said conveyance was sealed and delivered absolutely and whether condition of redemption he doth not know otherwise than by hearsay, but report there was a day of redemption in the same bargain as the defendant afterwards told this deponent and saith there was present at the executing of the said [?Ligherie] John Howell Watkin John Richard Philip Morgan, William Morgan of ?[computeth] abouts xviij^en more [     ]

 

To the third interrogatory he saith that his name was written upon the back of the said deed and the names of abouts xviij^en more. And saith that the said defendant and his undertenants have to his use recovered the issues and profits of the said lands ever sithence the said bargain And the said David ap Rhydderch died abouts [? 3^ee_] years last past and never in his time impleaded or sued the defendant as he heard of or [?h reter] [?about] sue him And further to the said interrogatory he cannot depose and to the rest of the said interrogatories he is not requested to be examined.

                                                                                    John Games

                                                                                    John Parry

                                                                                    Lewis Watkin

 

Symond Hughe of Clodocke[6] in the county of Hereford yeoman of the age of 56 years sworn and examined upon the said interrogatories.

To the first interrogatory he deposeth that he knoweth the parties and the lands in the said interrogatory mentioned and knew the said David John Prydderch when he was labouring.

 

To the second interrogatory he deposeth and saith that abouts [?five or six and twenty years past he was present upon parcel of the said lands called The Park at Longtown aforesaid at this time he there saw the said David John Prydderch seal and deliver a deed of the said land called The Park unto the said defendant to the use of [    aid] [  e] [h  res] [fre  ] and [s w ] then and there the said David Prydderch upon the said land by turf and twig deliver livery of seisin [      ] the said defendant to the use aforesaid but whether [?it was] upon condition of redemption [        ] was not then spoken of but after he heard that there was a day of redemption agreed [?upon] between them which as all he can say touching the said interrogatory.

 

To the third interrogatory he deposeth that ?[it name] with others to the number of xvj^en or xvij^en were written upon the back of the same deed as witnesses at the sealing of the said deed at the said livery and that the said defendant [?  ] [  s] undertenant to [ s] use [have] [ e] [w es s] [    ] received and had the issues and profits of the said lands [   e] s[aith] that the said David Prydderch died about three years past and [    ve ] [s  d] [?nor] impleaded the defendant for the same And to the rest of the interrogatories he is not requested to be examined.                               John Games

                                                                        John Parry

                                                                        Lewis Watkins

 

Richard Symons of Wetmore, in the county of Salop gentleman of the age of  39 years or thereabouts sworn and examined upon the said interrogatories on the said defendant’s behalf deposeth and saith to all the said interrogatories as followeth videlicet that upon or about the xxiiij^tie day of May in the u[    h] interrogatory mentioned was present in the house in that article specified And there did see David John Prydderch in the said article also named deliver up unto the defendant David Thomas [Gwillim] the con[ t      ] of certain covenants and bonds as he the said Prydderch had of the same David Thomas [    ] redemption of the lands in the these interrogatories mentioned to be [c    or ll  d] And did a[ so] [ste    ] said Prydderch  there upon seal and deliver as his A[ te] and [ e] [  ] unto the said David Thomas a general release and acquitance from h[im] and his heirs in that [behalf] [tow  ] [   ] the said lands and of all demands due [t is] acc[ions] re[  ]d [ se] of [     es] wh[ ]ther said Prydderch had or might have against the said David Thomas from the beginning of the world until that day or to such like effect And saith further that presently [      ] [  ] ensealing and delivering of the said release one James ap Rhys Parry gent being brother in law to the said Prydderch  did with his own hand write his own name as a witness and [the ] [    ] of certain other of the the witnesses that were then there present upon the back of the said deed And this deponent did also with his own hand write his name and the [names] [  ] [     ] or three more of the said witnesses that were then also present at the sealing and delivery of the said release upon the back of the same And the said deponent [f       ] saith that he did then see the said defendant pay and deliver unto the said Prydderch a certain sum of money for and in consideration of thsa[  ] [releas ] but [                ] certain the same was he doth not now remember how be it he saith that the said Prydderch seemed then to be very well pleased satisfied and contented [       ] And wished him the said defendant to have much good of the said lands And further touching the said articles to his now remembrance he cannot depose.

                                                                                    John Games

                                                                                    John Parry

                                                                                    Lewis Watkins

 

Morgan Watkin of Longtown, in the county of Hereford of the age of 61 years or thereabouts sworn and examined upon the defendant’s behalf upon the interrogatories by him ministered.

 

To the first interrogatory he speaketh affirmatively.

 

To the second interrogatory he saith that abouts xxv^ty years past he was present upon parcel of the lands called The Park and there he saw a deed sealed and delivered by David Prydderch to the said defendant whereby the said David Prydderch conveyed all the said lands called The Park unto the [   ] and to his heirs forever without any condition of redemption that this deponent heard of and saith that livery of seisin was then executed by turf and twig then and there unto the said defendant by the said David [  ] according to the said deed.

 

To the third interrogatory he saith that the name of this deponent with the names of abouts 20^ty were [   ] upon the said deed as witnesses to the execution of livery and seisin and sealing and delivery of the [   ] And saith that the said David Prydderch died abouts 4 years last past  and never attempted [    ] sued the defendant for the same and ^[?note] to the said interrogatory he cannot depose And to the rest of the interrogatories he is not required to be examined.                               John Games

                                                                                    John Parry

                                                                                    Lewis Watkins

 

John Howell Watkin of Clodock, in the county of Hereford of the age of 60 years or thereabouts sworn and examined upon the interrogatories upon the defendant’s behalf deposeth and saith.

 

To the first interrogatory he saith affirmatively.

 

To the second and third interrogatory he saith and deposeth as the former deponent Morgan [     ] hath deposed and further to the said interrogatory he cannot depose and to the rest of the interrogatory he is [not] required to be examined.          John Games

                                                                                                            John Parry

                                                                                                            Lewis Watkins

 

John Gwyn clerk of Clodocke in the county of Hereford of the age of 53 years or thereabouts sworn examined upon the interrogatories ministered upon the defendant’s behalf deposeth and saith.

To the first interrogatory he saith affirmatively.

 

To the 11^en and last interrogatory he saith that he heard said that there was upon the said land few oaks above one hundred at the time it came to the hands of the defendant And to the rest of the said interrogatory he cannot depose And upon the rest of the interrogatory he is not required to be examined.                                              John Games

                                                                                                John Parry

                                                                                                Lewis Watkin

 

 

Lewes Jones of Clodocke in the county of Hereford gent of the age of 72 years or thereabouts sworn and examined upon the same interrogatories upon the defendant’s behalf deposeth and saith as followeth.

 

To the eighth interrogatory he saith that he was in the house of Gwillim John Richard of Michelchurch Esklie within the county of Hereford in the beginning of summer abouts nine years past the day certain he now remembereth not and saith he then saw the said David Prydderch seal and deliver unto the said defendant a deed of release whereby he the said Prydderch released unto the defendant all his [?right] and admaundes unto the said lands called The Park and then and there also delivered up unto the said defendant the counterpart of [?deed] a conveyance as were between him and the defendant to be ?cancelled which was done in consideration of 40^s then payed by the said defendant to the said David Prydderch and certain wheat barley and wool then promised to the said Prydderch’s wife who he thinketh was delivered to her accordingly a very short time after.

 

To the 11^th and last interrogatory he is ignorant of his own knowledge and to the rest of these interrogatories he cannot depose. [        ] the rest of the interrogatories he is not required to be examined.                                            John Games

                                                                                    John Parry

                                                                                    Lewis Watkins

 

 

Phillip John ap Rhys of Clodocke, in the county of Hereford yeoman, of the age of 60 years or thereabouts sworn and examined upon the interrogatories which laid upon the defendant’s behalf deposeth as followeth.

 

To the first interrogatory he saith affirmatively.

 

To the 7^th he deposeth and saith that in the beginning of summer abouts 9^ne years past the [to] [h  ] certain h[      ] set down he this deponent was present in the house of Gwillim John Richard inMichaelchurch Escley in the county of Hereford At which time he there saw this David Prydderch seal and deliver a deed of release unto the said defendant of all his right and d[e    ] [       ] and to the said lands called The Park for the [  he]  the said defendant then and there in person of [this] [      t] Lewis lives [     ] his Symondes and others paid unto the said Prydderch xls in money [    ] promise [h      ef] [   ] wheat barley and wool paid which this deponent verily thinketh was unto her delivered [  ] [re   led] And then and there also the said Prydderch delivered [  ]  the said defendant to be [         ][    ed] the [c nnete] [         ] of the indenture of covenants that before this time had passed betwixt him and the same defendant touching the said lands called The Park And further touching the said interrogatory he is not required to be examined And being further examined touching what [?w     ] ^[xl] oaks were growing upon the premises when the defendant first came to the same saith abouts iiij^{[  ]} the value [ w ff] there he cannot say or estimate.                                       John Games

                                                                                    John Parry

                                                                                    Lewis Watkins

 

William Stephen of Llangaron in the county of Hereford husbandman of the age of 35^ty years or thereabouts sworn and examined upon the said interrogatories deposeth as followeth.

 

To the eighth interrogatory he deposeth in effect in every [promite] as Philip John ap Rhys the last deponent hath deposed.

 

To the last interrogatory he deposeth that he verily thinketh that there was not upon the said ground called The Park at such time as the defendant had the s[      ] of David ap Rhydderch about 52 oaks of timber trees and not worth above [ ?12^d] a piece by this deponent’s [?judgement] And further touching the said interrogatory he is not required to be examined.                                                               John Games

                                                                                    John Parry

                                                                                    Lewis Watkins

 

Thomas Prichard of Michelchurche Eskelie, in the county of Hereford tailor of the age of 41 years or thereabouts sworn and examined upon the said interrogatory.

 

To the 8^th interrogatory he deposeth and saith that abouts 12^en years past in May the day certain he cannot depose he this deponent was present in the house of Gwillim John Richard in Michaelchurch Escley aforesaid and there and then he saw the said David ap Rhydderch seal and deliver unto the said defendant a general release of all actions and demands touching the landsd aforesaid and wished the said defendant good of it for the which the said defendant gave and there paid unto the said Prydderch 40^s And further touching the said interrogatory he cannot depose and to the rest he is not required to be examined.                                                                              John Games

                                                                                                John Parry

                                                                                                Lewis Watkins

 

 

Lewis ap Rhys of Llanveyno, in the county of Hereford yeoman, of the age of 68 years or thereabouts sworn and examined upon the said interrogatory .

 

To the 4^th interrogatory he deposeth that upon the feast of the purification betwixt one and three of the clock in the afternoon of the same day abouts 17^en 18^en years past he this deponent saw the said David ap Rhydderch and Thomas ap Rhys ap Harry in the said interrogatory named upon a close at Pont y Kitchin parcel of the said lands called The Park and thereupon a table they set down a round sum of money saying it was the money to redeem the said lands and this deponent said he had a letter of attorney from his master the defendant to receive the same whereupon they demanded of this deponent the fine and writings which the said defendant had of the said Prydderch touching the said lands and mortgage [a  ] the [            ] possessions thereof unto them unto whom this deponent answered that his warrant was to receive the said mortgage money being £48 6^s 8^d and not to deliver any writings or to deliver possession which he this deponent was there ready to receive if they would pay it they the said Prydderch and Thomas ap Rhys answered and thereupon they took money and departed away refusing to pay it in form and order aforesaid.

 

To the 5^th interrogatory he deposeth that Watkin David , Watkin John Harry and Watkin Harry Lewis every of them to be up part of the said sum of money of the said table at their departure as if it were their own but what they did with them or to whom they payed them this deponent knoweth not.

 

To the last interrogatory he deposeth that he supposeth that there was not growing upon the said lands at the time that the said defendant first came unto the same above fifty great oaks And further touching the said interrogatory he cannot depose And to the rest of the said interrogatory he cannot depose.                                             John Games

                                                                                                            John Parry

                                                                                                            Lewis Watkins

 

 

Edmond Baker of Winferton, inthe county of Hereford husbandman, of the age of 60 years and above sworn and examined touching the said interrogatories deposeth and saith.

 

To the 4^th and 6^th he deposeth that abouts 18 years past the day  certain he now remembereth not he was present upon parcel of the said lands called The Park and there he saw the said David Prydderch and Thomas ap Rhys Apparry number or tell a sum of money being abouts £50 upon a table there being as they then said the mortgage money due unto the said defendant for the premises And Lewis ap Rhys Lewis the former deponent said he had there  his master’s warrant viz a letter of attorney to receive the said mortgage money being £48 6^s unto them from the said defendant and to have the possession of the said lands redelivered unto them unto whom the said Lewis answered that his warrant was to receive the said mortgage money and not to deliver the possession or to deliver the said writings and offered unto them his warrant to be read. And then they the said Prydderch and Parry tooke up the money refusing to pay it unto the said Lewis. and also Watkin David Watkin Harry Lewis and Watkin ap Ievan Harry took up part of the same money off the said table as though it had been their own but unto whom and when they paid it over, to any other he knoweth not and saith that the said tender was abouts two of the clock in the afternoon And he further saith that the said Prydderch and Parry refused to pay the said mortgage money unless the said defendant would forgo three years which the said defendant claimed to have in the premises after the said mortgage money paid And further touching the said interrogatory he cannot depose And upon the rest of the interrogatory he is not required to be examined.

                                                                                                            John Games

                                                                                                            John Parry

                                                                                                            Lewis Watkins

 

John Rafe of Clodock aforesaid tanner, of the age of 60 years or thereabouts sworn and examined upon the said interrogatory.

 

To the 4^th and 6^th interrogatory he deposeth that upon the feast of the Purification abouts 18^ne years past betwixt one and three of the clock in the afternoon of the same day he this deponent was present upon a parcel of land part of the said lands called The Park near a bridge there called Pont y Kitchin and there he saw David Prydderch and the said Thomas ap Rhys ap Harry upon a table set down certain money affirming the same to be the mortgage money due to the said defendant upon the said lands and began to draw and tell £4 of it whereupon Lewis ap Rhys Lewis the defendant’s servant said he had a warrant or letter of attorney from his master the defendant to receive it being £10 8^s 8^d and offered them his warrant then and there to be proved and read the said Prydderch and Parry demanded of the said Lewis the evidences fines and writings concerning the said mortgage to be delivered unto them and possession of the said lands unto whom the said Lewis answered that his warrant was only to receive the money and not to deliver unto them any evidences or to deliver unto them the possession. And then the said Prydderch and Parry said they would not pay the money: unless they might have the writings and the possession delivered unto them and thereupon took up their money without telling any more of it and departed away refusing to pay it to the said Lewis.

 

To the last interrogatory he saith and verily thinketh there was not above 55^tie oaks growing upon the premises at such time as the defendant first came to have the same worth 20^d or 11^s a piece. And further touching the said interrogatory he cannot depose. And upon the rest he is not required to be examined.                             John Games

                                                                                                            John Parry

                                                                                                            Lewis Watkins

 

 

John Harry Lewis of Clodock aforesaid in the said county, yeoman, of the age of 72 years or thereabouts sworn and examined upon the last interrogatory deposeth and saith that during his life he hath dwelled very near and in view of the said Park and in his conscience and judgement there was not growing and fallen upon the premises at such time as the said defendant first came to the same above one hundred oaks worth 20^d a piece one with the other and not above in his opinion. And further he cannot depose neither is he required to examined.                                           John Games

                                                                                                John Parry

                                                                                                Lewis Watkin

 

 

 

Thomas John Thomas of Clodock, in the county of Hereford aforesaid yeoman of the age of 42 years or thereabouts sworn and examined upon the said interrogatory deposeth and saith as followeth.

 

To the 4^th he deposeth by report of Lewis ap Rhys Lewis the former deponent as the said Lewis hath deposed and further he cannot depose And upon the rest he is not required to be examined.                                           John Games

                                                                                    John Parry

                                                                                    Lewis Watkins

 

 

 

Joan Prydderch (Johan Prothergh) of Clodock aforesaid widow, of the age of 58 years or thereabouts sworn and examined upon the aforesaid interrogatories deposeth and saith as followeth viz that she did not see the release in that interrogatory mentioned sealed or delivered unto the defendant but confesseth that she the time and place in the said interrogatory mentioned received of the defendant 40^s and received also by the hands of the defendant wise one bushel of wheat one bushel of barley malt and two pounds of wool. And further she cannot depose and upon the rest of the interrogatories she is not required to be examined.

 

                                                                                    John Games

                                                                                    John Parry

                                                                                    Lewis Watkins

 

 

Thomas ap Rhys Parry (Thomas ap Rice Parry) of Hinton in the said county gent, of the age of 66 years or thereabouts sworn and examined upon the said interrogatories deposeth and saith as followeth.

 

To the 4^th 5^th 6^th and 7^th interrogatories he cannot depose more or otherwise than he hath deposed in his examination upon the interrogatories upon the plaintiff’s behalf saying that Watkin Harry Lewis in the said interrogatory named brought to the place of tender in the said interrogatory mentioned £20 parcel of the said £50 which this deponent took of him and had lands of this deponent for the loan thereof. And further touching the said interrogatory he cannot depose. And upon the rest he is not required to be examined.

                                                                                                            John Games

                                                                                                            John Parry

                                                                                                            Lewis Watkins

 

Richard William Prichard of Clodock aforesaid in the county of Hereford, yeoman of the age of 46 years or thereabouts sworn and examined upon the said interrogatory deposeth and saith as followeth.

 

To the 11^th and last interrogatory saith that there was not as he he verily thinketh above 50^tie great oaks or thereabouts growing upon the said lands at such time as thee defendant bargained the same and that the common price of such oaks in those days were 16^d or 12^d a piece. And further he deposeth that the said park before the said mortgage was devided in two parts viz the one half in the occupation of the said Prydderch and the other in the occupation of John Harry ap Llewelyn. And deposeth that the said Prydderch had before the said bargain with the defendant spoiled and cut down a great number of the said timber trees growing upon his part of the said Park And further touching the said interrogatory he cannot depose And upon the rest of the interrogatory he is not required to be examined.

                                                                                    John Games

                                                                                    John Parry

                                                                                    Lewis Watkins

 

 

James ap Rhys ap Harry (James ap Rice Apparry) of Mychelchurche Esklye in the county of Hereford gentleman of the age of 52 years sworn and examined upon the said interrogatories deposeth and saith as followeth.

 

[  ] the 7^th interrogatory he saith that on a time he was called by the defendant to see and to be a witness to the sealing of a release which the said Prydderch then sealed and delivered his [  d] unto the said defendant of and upon the lands called The Park and this examinant [    te] his name upon the back of the said release as witness thereunto and as he doth [remember]r the defendant then paid unto the said Prydderch 40^s or thereabouts and a pound [of woo]ll one bushel of wheat was also promised and paid and delivered as this deponent [th]inketh.

 

                                                                                                John Games

                                                                                                John Parry

                                                                                                Lewis Watkins

 

 

Observations:

None

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