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William Hobbs of Spenn in the County of Durham yeom Aged Sixty five yeares or thereabouts Sworne and Examined Saith as follweth; 1 To the first Interr[ogator]y he saith that he knows the parties in the suite and Did know Sr Richard Tempest the Def[endan]ts father. 2 To the second Interr[ogatory] he saith that there is a high way for Cartt and Carriage from Hedley to Newcastle as in the Inter[rogator]y is mentioned But he never See any Carriage goe that way from Hedley to Newcastle But hath seen them goe from other places thereabouts both in the County of Durham & Northumberland. 3 To the third Interr[ogator]y this Depont Saith that he knows the way in question Which goes through the Defts Freehold and Copyhold Land Called the Black Myres and the Peth or Peth head unto Bladon and hath known the Same for above fifty yeares and saith he knew One William Raine who was Steward to Sr Richard Tempest the Deft[endan]ts father And saith that he this Depont about Forty Five yeares since comeing along the said way in question with a Waine or Load of Corfe Rodde goeing to Bladon he was mett in the Peth or Peth head by the said William Raine who asked this Depont where he was carrying the said Carriage or Load of Rodds this Depont told him to the East side of Bladon burne whereupon he Stopt this Deponts Carriage and saide he would have him this Depont to pay for way leave and Demanded of this Depont two pence for the said Load or Carriage Saying that if the said Carriage had been unloaded on the West side of Bladon burne which belongs to the Deft that then he nust have been paid two pence for way leave and two pence for bank roome, And this Depont saith that he paid Raine two pence for Way leave And that he hath heard his father say that Sr Thomas Tempest the Def[endan]ts father or his Servants had Stopt his this Deponts said fathers Draughts or Carriage from going or passing the Way in question in the Peth or Peth head and kept and Detained his Draught or Carriage untill he made some payment or Satisfaction for way leave through the said Peth or Peth head And hath also heared Severall others have been Stopped on the Same Account. 4:6 To the fourth and Sixth Inter[ogator]ys he saith that there is not nor ever was that he remembereth any high way for Cartt and Carriages from Bladon to Newcastle but only a Brydle way for Sack and Seame And saith the Coppyhold and Freehold land of the Def[endan]t lye on both sides of the way in question and and goe as far as Bladon and that Bladon Burne Devides the Lords[i]pps of Winlaton & Stella. 11 To the Eleventh Inter[ogato]ry he saith that the way in question through the Peth is betwixt five and six hundred yards long And that one Waine or Carriage Cannot passe or goe by another But that in One place theres but Just roome for one Waine or Carriage to stand th[a]t another may passe by: 18 To the Eighteenth Inter[ogator]y he saith that Sr James Clavering on the Behalfe of Mr Clavering of Chapple Did take a Lease of part of the way in question of the Defts Ancestor which leads from Ryton Woodside towards Bladon and which leads to the Peth or Peth head which is about halfe a myle in length wherefore thereof Some yearly Rent paid And saith that theres noe way to come to the Peth or Peth head without comeing on and along the said way which the said Mr Clavering Farmes And this Depent hath seen the said Mr Claverings Servants when any Carriage other than his owne has come or gon on the said way which he Farmed and which is part of the way that went from Ryton woodside to the Peth or Peth head and thence to Bladon Stopp or take the Horses or Beasts in the said Carriage:
Witness on behalf of Thomas Tempest in answer to Tempest's interrogatories. See 2nd April 1690 'Questions to witnesses' Thomas Tempest, interrogatories, and notes given there for background to the case.