Questions to Witnesses – Humphrey Wharton – 8 Oct 1686

Document Type: Questions to Witnesses
Date: 8 Oct 1686
Correspondent: Humphrey Wharton
Archive Source: TNA E134 2Jas2 Mich 42
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Interrogatories Exhibits to be Admin[istered] witnesses as will be [missing] sworne and examined on behalf of Humphrey Wharton Esq and Anthony Wharton Gent[leman] def[endan]ts att the suite of the Right Reverend Father in God Bishop of Durham Comp[lainan]t

Im[primi]s Do you know the partys Compl[ainan]t and Def[endan]t and the two parishes of Stanhopp and Wolsingham in the County of Durham and how long have you knowne the said partyess and parrishes

2. Do you know believe or have credibly heard that the Def[endan]t Humphrey Wharton by Grant from John late Lord Bishopp of Durham is seized of the  office of Mooremaster and of all the Lead Mynes belonging to the Bishopp of Durham in the said two parrishes of Stanhopp and Wolsingham for the Term of three lives <&c:> the Rent of the Lott Oare or Ninth parte payable att Foure Quarterly paym[en]ts Were you present and subscribed your name as Witness to the deed or deeds & the Endorsement of Livery and Seisin upon the deed or deeds now shown unto you? 

3. Do you know believe or have credibly heard that the Def[endan]t Humphrey Wharton hath beene kept out of possession of severall Lead Mynes in the said parrish of Stanhopp Granted by the said John Lord Bishopp to the def[endan]t by colour or p[re]text of some Lease or Leases Granted by the Comp[lainan]t unto Barbara Sanderson dated in the month of Septemb[e]r One Thousand Six Hundred and Seventy Eight by Some former Lorde. What Mynes by name were soe wrought and by whome, what Quantity of Lead oare <doe> you know <were> digged and gotten in the said Mynes or in any and Which of them. And what Damage doe you know or believe the Def[endan]t hath sustained by reason of the Compl[ainan]ts Grant of such lease or <Release  &c>. Do you know or verily believe that the said Mynes soe wrought under the Colour of the sd Barbara Sandersons Tytle were Antiently wrought and <…..ed> by former Moormasters & under the def[endan]t his Tytle. Declare y[ou[r Knowledge hereto.

4. Do you know believe or have credibly heard that the Def[endan]t Humphrey Wharton was Farmer of the Lott Oare under John late Ld Bishopp of Durham att the Rent of Sixty pounds per ann and likewise farmed the same <…..lote.. ..> dureing the time of the vacancy of the See of Durham att the sd Rent of Sixty pounds pr anno. Have you <heard> sd Def[endan]t say himselfe or others on his behalf offer the said rent for the sd Lott Oare to the Compl[ainan]t at any time & when

5. Do you know believe or have credibly heard that the Right Honob.le Lord Marquess of Winchester on the def[endan]ts behalf in the Month of August One Thousand Six Hundred and Seventy Six did make an agreement with the Compl[ainan]t for the said Lott Oare And what was the payment of such Agreement did the said Def[endan]t in the said month of August One Thousand Six Hundred and Seventy Six for preventing of Suites and Troubles reprise to the said Compl[ainan]t and confirmed the sd Lord Marquiss Agreement with the said Compl[ainan]t And then promised the sd Compl[ainan]t to pay the <… ……. …> vizt <Four hundred pounds for Arrears> of the said Lott and the Rent of Sixty pounds p Anno for the sd Lott Oare dureing the sd Compl’ts Incumbency <and did the sd> Lord Bishopp now Compl[ainan]t <…> declare that he would pay Two hundred pounds of the said foure hunderd pounds to John Wycliffe and John Parkhurst Esqs for their Interest in the Lott Oare. <Did> the Def[endan]t in performance of the said Agreement tender the said Foure hundred pounds <…> Rentt at the Bpps  Excheq att Durham and was ready to accept of A lease according to the said Agreement. What have you heard the said Lord Bpp or any other say or declare concerning the said agreement set forth your knowledge herein

6. Do you know believe or have heard that the now Compl[ainan]t did by deed in writeing Give and Grant the sd Lott Oare unto John Wycliffe and John Parkhurst& have you seene the sd deed or heard the same said. And When and in whose custody was the same when you heard or see the same. Have or had you a copy delivered of the deed and from whome had you such coppy. Have you knowne the Def[endan]t at any time and when interrupted in working the Ds lead mynes by colour of such Grant or Grants and by whome. Who hath the Right and Tytle to the D’s Lott Oare as you have heard & verily belives?

7.  Do you know believe or have heard that the now Compl[ainan]t in the name of Robert Dormer Esq his Attorney Generall did Fyle an Information in the Compl’ts Court of Chancery att Durham ag[ains]t the sd Def[endan]t for the Lott Oare from the Twentyth of Novembr One Thousand Six Hundred Seventy Foure to the Twelfth of February One Thousand Six Hundred Seveanty Six what proceedings was had or Decree or Decrees made there upon in the sd Chancey att Durham as you know or believe or have <heard>

8. Do you know that the Def[endan]ts lead Mynes or the greatest pt of them Ly att A greate distance and what distances from the smelt Mylls & hath the Def[endan]t <for him>selfe or Agents <yearely> since the Twelfth of February One Thousand Six Hundred Seveanty Six bought greate quantitys of Lead Oare out of severall County Lordships and Libertys (wch the Bishopp of Durham hath not Tytle unto) And was such bought and brought to smelt at the Def[endan]ts smelt mills of Scotch Ile Stanhophope and Darwinn and there smelted with the Def[endan]ts owne Oare got in Stanhopp P[ar]ish to make his owne Oare runn & smelt the better & keepe his mills att worke. Is not the buying of <mannie> sorts of oare & mixing the same together often used by Owners of Lead Mynes and Mills and thought very necessary <and advantagious> to market the same produce better quantitys of Lead

9. Do you know what was the <tyne … ..> price of the Def[endan]ts Oare now got in the sd p[ar]ish of Stanhope since the Twelfth of February One Thousand Six Hundred Seveanty Six by Bing Loade or Horse Loade was much of the Def[endan]ts Oare got in the sd <… sort or> Oare and <promised> small quantitys of lead sett what price or prices have you knowne the Def[endan]t buy oare of several person in the sd time <.. …….> Bought of such bought Oare hath the Def[endan]t by himselfe or Agents often offered & indeavoured to sell severall quantitys of his owne oare <wtt instances>

10. Do you know or believe that greate quantityes of Old heapes of oare mixed with sparr stone & Rubbish are lying and have beene <…… … …> severall of the Def[endan]ts Mynes got in the late Bishopps time & in time of the Vacancy. Are considerable Quantityes of Oare or what Quantitys <ly ….. …… washed> out of the same and sent to the Def[endan]ts smelt mylles what quantity or Quantitys of Oare was lying washed and unwashed att the Def[endan]ts Mynes <.. ..........> Oare in the old heapes from the Twelfth of February One Thousand Six Hundred Seveanty Six. Was all the Oared digged and gotten out of the Def[endan]ts Mynes since the Twelfth of February 1676 <…gd Sep.ate> and a part from the Oare formerly digged & gotten and washed and easy to be distinguished from <…. ….> Did the Compl[ainan]ts officers use any measnes or Indeavoures to take account att the Mynes of the Quantity digged and gotten scine the Twelfth of February One Thousand Six Hundred Seveanty Six 

11. Doe you know believe or have heard that the Def[endan]t for these Twenty yeares last past and upwards have reckoned and paid his Myne<rs & Oare Carryers &c> his owne Oare as alsoe forraigne bought oare by Tallye <from> the Mynrs and Oare Carryers <Quart[er]ly> att the dayes and times of Reckoning <…….. th. in B… .. such w.. a…> by the Myners until the <.ater k…ing> with the Swatch kept by the ore carryers has the Stock and Swatch usually broken after the <…… .. soe comp[ar]ed.> And for what <……> is the <Br…e soe> broaken as you believe hath beene the Anntient way of Reckoning with the Myners & lead and Ore carriers the <…igton> way or method of Reckoning has <very .. convenient to the sd Myners & Ore carryers most of them being illiterate men Declare your knowledge herein

12. Doe you know believe or have heard that the Def[endan]t att severall times aswell before or since the Twelfth February One Thousand Six Hundred and <Seventy six> earnestly desired the Compl[ainan]t and Mr. John Parkhurst who pretended an Interest in one Moyety of the Lott Oare to <the some of the… Offi… take …. Pt .. his Lead> Mynes Demised to the Def[endan]t of all Oare there digged gotten and washed that the Lott Oare or ninth pt might be certainly knowne. Did the Def[endan]t by himselfe <or Agents> acquaint the sd Lord <Bpp now present> and his Officers that there <was noe won> to <.wenl> double the urgeing the Def[endan]t for the Lott Oare but by takeing <Ac[ti]on about .. …….. …> wch the Def[endan]t would give his Assistance to the Compl[ainan]ts officers in takeing accompt of and that the same was according to the Def[endan]ts grant. And the Decree obtained <for the Def[endan]t> in the sd Compl[ainan]ts Chancery att Durham in the month of August One Thousand Six Hundred and Seventy Nine? Declare your <knowledge herein>

13. Did the Compl[ainan]t or his Agents take account att the Mynes or what other Method did he or his Agents take to charge the Def[endan]t with paymt of Lott Oare. Did the Compl[ainan]ts officers or Agents take accompt in the Common greate Roades and Highways where severall mens Oare were carried got in other Countyes and Liberties. In <… the …> Oare what distance from the Def[endan]ts mynes were such Accompts taken? Were you imployed and by whome to take such Accompt in the high ways <and ….. ….. and> from whome to take wuch accompt of the number <…> all horses that passed on the sd Roade and not to Inquire whether the same was oare or from whence it <so came How ….. you> know Thomas Mowbray an officer to <take Acct> imployed severall p[er]sons to <…. …> horses that went through Wolsingham in the time of his absence & time of <his drunkenness. State your knowledge>

14. Doe you know believe or have heard that the Def[endan]t did let out or give order to his Agents to sett out quarterly or within forty dayes after every Quarter day the Lott Oare. Did you by the Def[endan]ts order sett out the same or see the same sett out. Did you acquaint the Compl[ainan]t or his Agents that the sd Lott Oare was soe <…tes> that they might take the same away to <p[re]vent> weighing the same by the <heading of full & after ………> was soe sett out. How long time was the Lott Ore soe sett out <…. …> what reason did the Def[endan]t give over setting out the same as you have heard believe your knowledge.

15. Doe you know or have heard of any and what sum or sums of money paid by the Def[endan]t or his Order to the Compl[ainan]t or his Off[ice]rs aswell before <as …> the Twelfth of February One Thousand Six Hundred Seveanty Six upon accompt of the Rents reserved one & payable upon the Def[endan]ts sd Grant for Three lives <Acconte… retyd ….> and to which officer or Officers by name of the Compl[ainan]t and such Sume or Sums paid or what other REckoninge Agreement or Accompt How you know believe the <L…. and Def[endan]t>

16. Do you know or were you privy to or in anyway concerned in the managing of <all or any> the Def[endan]ts Lead Mynes in the said Two P[ar]ishes. Have you <bargained …. Compl[ainan]ts ……..ons> Mynes, Ore Carriage & Myners & Lead Carridge for the Carriage men <saith …… ….. & ….. of G…. ……. … What ….. have you ……. .. …… imploy> what doe you thinke is the best way to p[re]sent and quiet such complaints

17.  Doe you know believe or have credibly heard that the Def[endan]t and his <p[re]decessor> Mooremasters have time out of mynd of man paid the Tenth part of all Lead Oare gotten to the parson of Stanhopp for the time being theire lessee or Ten[an]t had the Bishop any Tythe or Interest to the Same or any other interest thereunto nine or to the whole being divided into Ten <equal parts> lead Oare gotten in the sd p[ar]ish. <And was sd> Lott Oare paid out of the Nineth solely and the Tenth pt always paid or <treated> for with the parson

18. <What> sum or sums of money doe you know <p[ai]d for the Tyth Oare and the Lott Oare yearly to the p[re]sent Bishopp or unto the p[ar]son of Stanhopp or to their <….. ….be by …… what> was the reason of such <Variations> and differences of the yearly Value of the said Tyth Oare as you believe or have credibly heard

19. Do you know or have heard what Tytle or <Right> John Parkhurst Esq & JohnWycliffe Esq had or claime to have with <dues> Lott Oare from the Compl[ainan]t by virtue of any deed in writing <in what date … whereupon …..> the Sume about what time doth itt <beare> date & for what terme of years is itt made <after the …d..> of the sd John Wycliffe <were Interd the Lese or .. ity> Do you or any other p[er]son or p[er]sons claime the said Lott OOare from the said John Wycliffe or John Parkhouse <…. …..> And have you and <.. … ……> or any p[er]sons and who by name assigned and sett over or contracted to <Assigne) & sett over theire Tytle and Right in the <Lease to …. Mynes of …..iter> or to some other p[er]son or p[er]sons and is not the same in Trust for him. In whome was the <Lease> of their Lott Oare att the time of <fyling> the Compl’ts Bill ag[ains]t th Def[endan]t

20. Are you now or have you beene Imployed by the Def’t since the Twelfth of February One Thousand Six Hundred Seveanty Six in Carrying of Lead Oare aswell from the Def[endan]ts owne Mynes as alsoe his bought Oare in other Libertyes (not belonging to the Compl[ainan]t) to the said Smelt Mylls? Have you likewise in the sadi time beene imployed <…….> other p[er]sons in carriage of their Oare on the same Roads or highway that the Def[endan]ts Oare was carried. Was it possible for the p[er]sons imployed by the Compl[ainan]t take Accompt of <….> the Oare of the <….> Carryers <to toward wch ……. The Def[endan]t owne ….. or the Def[endan]t ...ght Oare .. the ……d Oare wch the Def[endan]t was … im….. of ….. ……….. …. …. .. p[er]sons soe Imployd by the Compl[ainan]t Agent …. Got …. ……. …. the Oare ….. … ……. have you carried the Same or recd itt p[..]s…..> for such p[er]sons <…… unpe..ned ….. …… …… to number the horses ….. …….. full ….. ….. …>

21. Do you know that the Def[endan]t for these Tenn yrs last past hath yearly smelted att some of his owne smelt mylls great quantity of lead oare wch belonged unto severall owners of Lead Mynes at about Thirty shillings p Fother for smelting thereof into lead. And what Quantitys have you knowne yearely soe smelted of such oare wch did not att all belong to the Def[endan]t nor had noe interest in the lead when smelted

22. <….. ..lls or thing> doe you know wch may <any manner of way be> Advantagious to the Def[endan]t. Declare your whole knowledge therein & what <ind..eth you see> to depose

Deposicons of Witnesses produced, Sworne & examined on the part of & behalf of Humphrey Wharton Esquire Defend[en]t to the Bill of Complaint of the right Reverend Father in God Nathanaell Lord Bpp{Bishop] of Durham Compl[ainan]t taken at the house of Hugh Jackson situate in Barnardcastle in the County of Durham the Eighth day of October in the year of our Lord One thousand Six hundred Eighty & Six A[nn]oque regni Regis Dui int Jacobi S[e]c[un]di nunc Angl[ii] & Sco[tii] by John Crosby Richard Hilton and Ralph Gowland Gentlemen by virtue of his Maj[es]ties Commission issued out of the Court of Exchequer at Westminster to them & to Ralph Tonstall Gentleman or any three or two of them on that behalf directed.
Interrogatories drawn up on behalf of Wharton, the defendant, to be used in questioning his witnesses. See 8 Oct 1686 'Questions to witnesses' Nathaniel Crewe, and notes given there for background to the case.

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The Dukesfield Smelters and Carriers Project aimed to celebrate and discover the heritage of the Dukesfield Arches & lead carriers' routes between Blaydon and the lead mines of Allendale and Weardale. A two year community project, it was led by the Friends of the North Pennines in partnership with Hexhamshire and Slaley Parish Councils and the active support of Allendale Estates. It was funded by the Heritage Lottery Fund and the generous support of other sponsors. Friends of the North Pennines: Charity No:1137467