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John Westgarth of Westgate in the County of Durham Gent aged forty yeares or thereabouts Sworne and Examined Sayth as Followeth To the first Interrogatory this Depon[en]t saith hee knoweth the partyes Compl[ainan]t and Def[endan]t in the Suite Some of which he hath knowne a long time. To the Fifth Interrogatory this Depon[en]t Sayth that hee knoweth A certaine Lead myne opened and wrought att A place called Millerbury in Stanhope parrish whereof Good quantityes of Lead oare was Digged wonne and gotten by one Lancelott Westgarth who was father to the Depon[en]t and one Thomas Westgarth the Depon[en]ts Brother in the time of Mr John Bewicke who was Rector of Stanhop and likewise in the time of Doctor Issaac Basire one of the Comp[lainan]ts for which noe Tythse were paid or any Composition in lieu thereof And this Depon[en]t likewise Sayth that hee knoweth another Lead Myne opened and wrought att Crowbanke in the Said parrish of Stanhop wherein A Small quantity of Lead oare (vizt.) Five or Six Bing Load of lead oare or thereabouts was gotten And although that the Agent for Humphrey Wharton Esqr one of the Defend[an]ts did demand Tyth oare for the Same yet William Hall Esqr and Charles Selby Gent who were owners of the Said Myne refused to pay any because they were Satisfyed itt was not Custome there And this Depon[en]t knoweth the better to Depose herein because hee was Imployed as Steward for the Said William Hill and Charles Selby and was ordered by them to make Said refusall And likewise hee knoweth Another place within the Said parrish called Parkeside wherein a Myne was opened and wrought and Nine or Tenn Bing loads were gotten or thereabouts and noe Tyth oare paid for the Same nor any Composition in lieu thereof by the Said William Hall Esqr and Mr Charles Selby or any other to this Depon[en]ts knowledge for that particular Myne And this Depon[en]t further Saith that hee knows Another Lead Myne lying within the libertyse of the Said William Hall Esqr and Mr Selby in A place called Newlandside in the Said parrish of Stanhopp wherein was Digged and wonne foure or five Bing load of lead Oare and noe Tyth paid for the Same unto the Said Rector or parson off Stanhopp or any of his Agents in Right of his Said parsonage although Demanded by Doctor Basire and his Lessee or Some claimeing from him And yet was refused to be paid for the reasons aforesaid And further to the Interrogatory he cannot Depose. 6. To the Sixth Interrogatory this Depon[en]t Sayth and Deposeth that from the Fifth of August last unto the Seaventh of March next Ensueing there was Digged wonne and gotten at Hoesike forefeild one hundred Eighty Three Bing loade and one horse loade of Oare And that the Expences and Charges for the Winning Digging and getting of the Same did amount unto one hundred and fifteene pounds Thirteen Shillings And likewise that there was Digged Wonne and gotten in the <broken> Grounds at the Said Hoesike one hundred seaventy Two Bing loade and Three horse loade the charges Expended there for winning of the Same Ninety Eight pounds Eighteen Shillings Att Allerclough Seaventy nine Bing load and three horse loade and the charges Expended for the winning thereof one hundred foureteene pounds Five Shillings Att Gravell Lodge there was Expended Forty Seaven pounds Thirteene Shillings Tenn pence in openning and Digging A Lead Myne And yet noe lead oare was wonne there And this Depon[en]t is better able to Depose herein because hee was Steward for Mr Wharton of the Said Lead Mynes within the Forest of Weredale in the Said parrish of Stanhopp and tooke the Accompts there And further to this Interrogatory cannot Depose. To the rest hee is not required to be Examined. John Westgarth
Witness on behalf of Humphrey Wharton in answer to Wharton's interrogatories. See 22 Apr 1667 'Questions to witnesses' Humphrey Wharton, interrogatories, and notes given there for background to the case.