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Ralph Fetherstonhaugh of Middleblackdeane in the County of Durham Yeoman Aged Seaventy Five yeares or thereabouts Sworne & Exam[ine]d Sayth as Followeth 1. To the first Interrogatory this Depon[en]t sayth that hee knoweth all the partyes pl[ain]t[if]fs and Defend[en]ts : to this Suite (Except Thomas Ritson and Edward Stoute) and hath Soe knowne them for Severall yeares last past. 2. To the Second Interrogatory this Depon[en]t sayth that hee knoweth Severall Lead Mynes in the parrish of Stanhopp (vizt) Hoesike in Ireshopefell Greenwell heads in the Same Fell Barber grove Gravell Lodge Pooleclough Earnewell head Windsike Deepeclough head Waggongrove Westgraine Broadsike Ireshopeburne foote and Groveheads all Situate and being in the Said Ireshopefell Allerclough Elmeford and Stony Wheade in Middleblackdeanefell and pasture Lodgefeildslitt in the Same Fell or pasture Clough head in Easterblackdeanefell Longtahead in Burnhoppfell Berrywell in the Same Fell Greenegrove in the Same Scrath head in the Same Springwell in the Same East and West of Langtay in the Same Blacklaws Hesleygill Fallowgraille East and West of Blacklaws all in Burnhopp afores[ai]d and Earnclough in Middlehopp Dowke in the Same Newmeadowheads lying part in Middlehopp and part in Easterblackdeanefell Groverake and Postwell lying in A pasture called Westgate hight Berryclough in Swinhopp West of Berryclough in the Same Greenefeild and Brodemay in Sedling Toadstone in Westerblackdeane fell Burnegrove in Sedling Bailehill in the Said Westerblackdeanefell Greenehills in the Said Middleblackdeane fell Lodgefieldnooke in Middleblackdeane pasture Brakensike in Sedling Whiterakes in the Same Midgepitts in the Same Seddling grove in the Same Redgrove in the Same Westrake of Greenefeild in the Same Wolfeclough head in Rookehopp Gorbutt May in the Same Dixons grove in the Same Fowlewood in the Same Wolfecloughfoote in the Same Groverake in the Same Thornegrove in the Same Heathener in Wester harthopp Bollihop Sheele nooke in Bollihopp Drigill in Billing Welheads in Welhopp Heslygill in Welhopp East and West of Puddingingthorne in Kilhopp Heddriclough on both Sides the one in Kilhopp and the other in Sedling Hillgrove in Westopburnefoote Cowhead in Kilhopp Snodberry=clough in Kilhopp Birlee in the Same Ewetree in Bollyhopp Crawley in Stanhoppfell Hillhagarth Cowhoste in Kilhopp and Burnthills at Heddriclough Perleside all which are Severall and distinct Lead Mynes as well as they have Severall and Distinct names. And further hee knoweth A Lead Myne on the South Side of the River Weare directly against Middleblackdeane and that hee the Depon[en]t knew his father wrought the Same aboute Sixty yeares agoe. 3. To the Third Interrogatory this Depon[en]t Sayth that hee knew the Myne called Allerclough wrought about Sixty yeares agoe and Soe hath continued wrought for the most part over time And that one Cuthbert Fetherstonehaugh who was father of this Depon[en]t and this Depon[en]t and theire partners were owners of this Myne and paid Tyth in kind unto one Mr Moorecroft who was Rector or Parson of Stanhopp for the time being or to his Agents for his use And this Depon[en]t saith that the Usage and Outcome there was During all the time of the Depon[en]ts remembrance and by report time beyond all memory That upon Foure days in the year (vizt) Candlemas day St Marks Day Lammas Day and All S[ain]ts day the Moorem[aster] or his Deputy and an Agent for the parson of Stanhopp came unto A place called St Johns Chappell in Weredale unto which the owners of the Mynes resorted And being present with those <rec.iog…> of Accompte the Said Myners were called to A place there called Chappell house and did give Accompt for oare there gotten And after the Owners had Deducted Substracted and Abated all manner of charges for Digging of oare Cutting of Wood Carriage of Wood Drawing of oare All manner of Hirelings wages and all workemens wages whatsoever Except those owners owne wages which were not deducted, The Tenth loade of the Remaind[er]er did fall Due unto the Rector of Stanhopp for the time being And the Ninth unto the Moorem[aster} who was Agent for the Bishopp of Durham And after the passing of Such Accompts the Said Moorem[aster] and Agent for the Parson did desire that the Lott and Tyth might be delivered as Shortly as they could conveniently which was Delivered Accordingly And hee knoweth the better to Depose therein because as is Aforesaid he was an owner and partner at the Said Allerclough and had always Such charges allowed And hee further sayth that hee hath knowen one Mr George Hall who was Curate of Stanhopp about Sixty years agoe and many years after As an Agent For the Said Parson of Stanhopp resort unto the Chappell house at the days Appointed for Accompte as beforeSaid which Said Mr George Hall did always allow of Such Deductions of Charges And this Depon[en]t further sayth that aboute fifty yeares agoe the Said Mr George Hall being Agent both for the Moorem[aster] and Parson didd lett A Tack unto this Depon[en]t and some partners of A Myne called Stowpeheade who Accordingly wrought the Same and gott A good quantity of Lead oare there And because the oare there gotten did not defray the charges of workeing hee this Depon[en]t and his Said partners did pay noe Tyth att all And likewise hee knew A Myne called Wolfeclough att which this Depon[en]t and his partners [rabout eight words struck out] these which yet paid noe Tyth for the reasons aforesaid And hee believeth this was A General Custome used within the whole Forrest of Weredale before <and about …. …ty two> yeares agoe and Thomas Emerson who was Agent for the Parson of Stanhopp many yeares for receiveing Accompts for Tyth oare At one Day of Accompte upon the allowing and Deducting Such charges did declare openly that hee had knowne that Custome of Deducting of charges as aforesaid passeth within the Said Forrest of Weredale above Sixty yeares before that time And this Depon[en]t Enquired of the Said Thomas Emerson how old hee was then and hee Answered that hee was Seaventy Six After him one Mr Dracotte Curate of St Johns Chappell in Weredale was Agent for the Parson of Stanhopp for receiveing Accompts for Tyth oare And hee the Said Mr Dracotte did always allow of Said Deductions att Allerclough as aforesaid After the Said Mr Dracotte one Mr Thomas Aiseling was Agent for the Said Parson and had halfe of the worke att Allerclough knowing the whole charge of the work did allow of Such Deductions as aforesaid Moreover this Depon[en]t Sayth that within this Two or Three yeares Humphrey Wharton <…….> of the Def[endan]t farmed the Tyth of the Said part of Doctor Issaac Basire the lead of the Compl[ainan]ts And although that this Depon[en]t and his Sonns being partners with him att the Said Winning gott aboute Three hundred loads of oare there yet because the oare (though A greate quantity) did not defray the charges of workeing and winning this Depon[en]t and his Said partners paid noe Tyth oare And further Sayth that the Sonne of this Depon[en]t did worke A Certaine Myne called <..New Intack but> the Said <..... …… … as> gott therein to this Depon[en]ts knowledge Fifty Foure Bing loads of oare and yet paid noe Tyth unto the Said parson of Stanhopp or to any other to or <…. & go for the ……. Aforesaid> And this Depon[en]t further Sayth that hee knew Barkerburne Hoesike Whiterake Garbutt May Carterhead and one Myne in Killopp which name he hath forgot paid Tyth in kind unto the Said Rector but whether with Deductions or noe he knoweth not, but it is likely itt was with Deductions because the Agent for the Said Parson aforesaid did confess it was A Custome And hee cann Remember noe other Mynes within the Said forrest of Weredale which paid Tyth <Sharing or ….d> Myne called New Intack which this Depon[en]t Wrought which paid Tyths with Deductions And further to this Interrogatory Deposeth not. 4. To the fourth Interrogatory this Depon[en]t Sayth that the Tything oare or Cuttings gott out of the Waistgrounds whole grounds and old heapes never paid any Tyth unto the Parson of Stanhopp nor to any other Agent of the Said Parson And hee Argueth/Knoweth the better to Depose herein because this Depon[en]t hath beene present at quarterly meetings <and being ……> of Accompts aforesaid <sixty> yeares at Severall times and yet never knewe any Such Tyth paid of the S[ai]d Tything Lead Cuttings nor any Demanded for the Same. 5. To the fifth Interrogatory this Depon[en]t Sayth that the Mynes within Ireshoppfell are within the Said parrish of Stanhopp and Mynes within the Land belonging unto the Compl[ainan]t <the Lord Bishop of Durham> never paid any Tyth of Lead oare to this Depon[en]ts knowledge And hee was Witnesse to the Said Compl[ainan]t being present att many meetings for giving Aforesaid Tyth oare And <that ….>Lead such p[er]sons who wrought the said Mynes Questioned for such Tyth And for Coppyhold <…… …… ind……… they ……. 6. To the Sixth hee cannot depose. To the seventh and nineth hee is not required. To the Tenth which hee cannot depose otherwise but what hee hath preDeposed in the 3rd Interrogatory. Ralph Fetherstonhough
Witness on behalf of Humphrey Wharton in answer to Wharton's interrogatories. See 22 Apr 1667 'Questions to witnesses' Isaac Basire, and notes given there for background to the case.