Witness Depositions – Robert Tempest – 2 Apr 1690

Document Type: Witness Depositions
Date: 2 Apr 1690
Correspondent: Robert Tempest
Archive Source: TNA E 134 2W&M Trin15
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Robert Tempest of Thornley in the County of Durham Aged Sixty four yeares orthereabouts Sworne and Examined deposeth as followeth.

1:2	To the first and second Interr[ogatorie]s this Depont saith that he knows the parties in this Suite And saith he knowes the Kings high way for Horse Cart and Carriage which leads from Hedley in the Interr[ogator]y mentioned to Newcastle and hath soe known the Land for above forty yeares past, And saith that the said Highway which is and hath been the usuall and Com[m]on high way dureing all his knowledge leads from Hedley to Ryton Woodside thence on the South wast of Winlaton through a place called Stainpley Moss, and the Birks to Winlaton Milne thence to Whickham thence to Gateside and soe to Newcastle Which said is the Usuall and only way from Hedley aforesaid for Cartts and Carriages to Newcastle aforesaid and the way which had during all his knowledge beenUsed by the county for Cartt and Carriage, And saith that once part of the said High way wanting repairethis Depont threatned to p[er]sent the same whereupon the same as he really beleives was repaired be the Parish of Ryton.

3	To the third Inter[rogator]y this Depont saith that from and out of the said High way which leads from Hedley to Newcastle there is a way which leads to Bladon through a place called the Peth or Peth head which belongs to the Deft and is his Freehold or Coppyhold Land which he hath known the same this forty or fifty years which said way as he hath Credibly heard & beleives was only a Bridleway for Saik & Seame and not highway for Carriage But hath been made use of  for Cartt & Carriage for Carrying and Conveying Lead & Wood and laying the Same on Stella Lead hills or Staiths by permission of the Defts Ancestors for about forty yeares And hath heard one William Raine who was Steward to Sr Richard Tempest the Defendts father declare That Sr Thomas father of the said Sr Richard would never Suffer any Cartt or Carriage to passe or goe through the said peth head and way in question without paying & makeing Satisfacc[i]on to him either of four pence p[er] fother or four pance p[er] Tunn, or some such rate or acknowledgement.

4	To the fourth Interr[ogator]y this Depont saith that the way that leads from Bladon to Newcastle is only a Bridle Narrow way for Saik and Seame, Such as noe Cart or Carriage can passe the Gate or Wicketts being soe Strait and Narrow that Cartt and Carriage cannot passe the same.

6	To the Sixth Interr[ogator]y he saith that the Freehold and Copyhold Lands of the deft lye on Both sides of the said Peth or Peth head and Bridle way And that the said Defendts lands goe and Continue unto Bladon Burne which Devides the severall Lordshipps of Stella and Winlaton.

12	To the twelfth Interr[ogator]y this Depont saith that there is a way through a Feild of the Defendts Called East feild for Cartt and Carriage which leads to Bladon which as he beleives was made within these twelve yeares by the permission and Sufferance of the Deft And for which those that passe and Lead through the same doe make Some recompence and Satisfaction to the Deft.

15	To the fifteenth Interr[ogatory] he saith That he never knew or heard that the way in question through the Pethor Peth head twixt Ryton and Bladon was ever repaired or requiered to be repaired by any, from or by the Parish of Ryton in which Parish this Depont hath lived most of his life time.

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.

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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