Deposition – Humphrey Wharton – 7 Aug 1680

Interrogatories  to be Administered unto such Witnesses as shall be P[ro]duced Sworne and Examined on the part and behalfe of Humphrey Wharton Esq Compl[ainan]t Against Nathaniell Lord Bishopp of Durham Robt Dormer Esq William Blackett Barbara Sand[er]son John Mowbray John Westgarth Richd Mowbray and Christopher Copperthwayt Def[endan]ts 



Imprimis  Doe you know the p[ar]tys Compl[ainan]t and Defend[an]ts or any of them? and which of them by name And doe you know the two Parrishes of Stanhopp and Wolsingham and the Forrest of Weredale in the County Pallatine of Durham? and how long have you knowne the same? 



Item  Doe you know have credibly heard or believe that the p[re]sent Lord Bishopp of Durham and his p[re]decessso[rs] have time whereof the memory of man is not to the contrary beene siezed in Fee of A County Pallatine and of all Jura Regalia Libertyes and Franchises to a County Pallatine belonging and Auntient other things <found> in the Two Manno[rs] or Lordshipps of Stanhopp and Wolsingham and Forrest of Weredale aforemenc[i]oned  And of and in diverse and sundry Lead Mynes Groves and vaines of Lead Oare or Ure lying and being within the said Two Parrishes of Stanhopp and Wolsingham and Forrest of Weredale  Declare y[ou]r knowledge herein



Item  Doe you know believe or have credibly heard that there now is and time whereof the memory of man is not to the contrary there hath beene an Officer called or knowne by the name of the Mooreman or Mooremaster of the Lead Mynes Groves and Ures within the said Two Parrishes and Forrest of Weredale which said Officer and Officers have from time to time beene made and constituted by Grants and Lett[re]s Pattents of the said Bishopp of Durham for the time being And that all the Lead Mynes wrought within the said Two Parrishes and Forrest that belonged to the Bishopp of Durham have from time to time beene wrought ( when the same were opened and wrought by the severall Mooremasters or by Tacks or Grants und[er] them as Incident  and belonging to the said Office



Item  Doe you know believe or have credibly heard that in the Raignes of Queene Elizabeth King James King Charles the First and King Charles the Second  Mr Francis Pilkington Sr George Bowes Mr Wm Bowes Mr Edward Suertyes Mr George Wythers Mr Humphrey Wharton Mr Thomas Wharton Mr Richard Hutton and the Compl[ainan]t have all of them Enjoyed the said Office of Mooreman also Moorem[aster] and the said Lead Mynes within the said Two Parrishes and Forrest of Weredale or which of the s[ai]d p[er]sons have you knowne to Enjoy the said Office? And what p[ar]ticular p[er]sons have you knowne Employed as Deputy or Deputys und[er] the said Mooremen or Moorem[aster]s to Grant or Lett Tacks of any Mynes within the said Parrishes and Forrest?  have you taken or knowne any others take any such Tacks or Grants of any Lead Myne or Mynes from any Moorem[aster]s or such Deputy or Deputys and of what p[ar]ticular Lead Myne or Mynes. Declare y[ou]r whole knowledge herein.



Item  Doe you know have credibly heard or believe that the s[ai]d Officer called the Mooreman or Moorem[aster] have always had full power and Authority by vertue of the said Grant or Lett[res] Pattents to hind[er] and stopp all p[er]sons whatsoever from digging sinkeing working and opening any grounds within the said Two Parrishes of Stanhopp and Wolsingham and Forrest of Weredale for the getting and winning of any ore or ures of Lead within the same or any p[ar]t or p[ar]cell thereof Except such p[er]son or p[er]sons soe workeing and sinking were lycensed  and Admitted thereunto by such Mooreman or Moorem[aster] or his or theire Lawfull Deputy or Deputys? Declare y[ou]r whole knowledge herein and how you know soe to Depose



Item  Doe you know or believe that within the said Parrishes of Stanhopp and Wolsingham and Forrest of Weredale there are certain Lands Fells Hooppes Moores & Grounds called or knowne by the severall names of Bollihopp Westenhopp Swinhopp Dadrysheild Harthopp Ireshopp Burnehopp Welhopp Kilhopp Heddryclough Sedlinghopp Middleblack:deane East[er]black:deane Middlehopp Rookehopp Stanhopp:hopp Crawley Billing Westgate hight Newlandside & Peakeside or which of the said Lands Fells Moores Hoopes or Grounds Doe you soe knowe and how long have you soe knowne the same. 



Item  Doe you know believe or have credibly heard that within the said Lands Fells Moores Hoopes or Grounds called Bollihopp Westenhopp Swinhopp Dadrysheild Harthopp Ireshopp Burnehopp Welhopp Kilhopp Heddryclough Sedlinghopp Middleblackdeane East[er]blackdeane Middlehopp Rookehopp Stanhopphopp Crawley Billing Westgate hight Newlandside & Peakeside there now are and time whereof the memory of man is not to the contrary have beene severall Mynes or Vaines of Lead ore opened and wrought by severall Mooremasters or by Tacks or Grants und[er] them as Incident and belonging to theire said Office? Are such Mynes Groves or Vaines of ure knowne by severall distinct name or names? And what p[ar]ticular Myne or Mynes and by what p[ar]ticular name or names now are or were the same called or knowne w[hi]ch lye upon or within any and which of the said Lands Fells Hoopes Moores and Grounds before in this Interrogatory menc[i]oned? Doe you know the p[ar]ticular Fells and Mynes in the Schedule or Mapp hereunto annexed or w[hi]ch of the same doe you soe know and how long have you known the same By what p[er]son or p[er]sons were such Mynes wrought and und[er] w[hi]ch of the Moorem[asters] in the Fourth Interrogatory menc[i]oned or theire Deputys to the best of y[ou]r remembrance? Declare the whole truth thereof and what you cann further say concerning the same. 



Item  Doe you know or believe that severall of the Mynes or Vaines of Lead lying within the Lands Fells Moores  Hoopes and Grounds called Bollihopp Westenhopp Swinhopp Daddrysheild Harthopp Ireshopp Burnehopp Welhopp Kilhopp Heddryclough Sedlinghopp Middleblackdeane Easterblackdeane Middlehopp Rookehopp Stanhopp hopp Crawley Billing Westgate hight Newlandside and Peakeside have beene Aunciently wrought out or soe thought to be by former Mooremasters or by Tacks und[er] them What p[ar]ticular Mynes or Vaines of Lead Oare lying within any the places Lands or grounds last menc[i]oned and which of the said Lands Fells Moores or Grounds are Auncient Mynes and in all probability wrought out as above said? How long & for what number of yeares have you knowne such Mynes ly unwrought  And if such Auncient Mynes or Vaines of Lead were openned or wrought in what part thereof were the same wrought whether att the East or West End or what other p[ar]t thereof And were not the said Mynes or Vaines wrought by the Mooremasters or by Tacks or Grants und[er] them  Declare y[ou]r whole knowledge herein. 



Item  Doe you know of any and what Lead Mynes by name which ly within any the Lands Closes and Enclosed grounds of any the Coppythold[er]s Leasehold[er]s Tennants for yeares and Customary Ten[an]ts of the said Bishopp of Durham within the said Two Parrishes of Stanhopp and Wolsingham  Doe you know the Lead Mynes within the Billing and Westgate hight  And the Mynes called Newlandside and Peakside or what other Mynes doe you know within any Enclosed grounds within the said Two Parrishes?  Were the said Mynes wrought by the Moorem[asters] or by Tacks or Grants und[er] them  And did the said Mooremaster or his Tackers pay reasonable Dam[m]age to the Occupyers of the ground for workeing treading or spoyleing the grass when such Mynes were wrought within such Enclosures? And were as well the said Enclosed Lead Mynes as all the Lead Mynes within the said Two Parrishes and Forrest of Weredale wrought by the Moorem[ast]er or under their Tythe and by noe other p[er]son whatsoever untill one Lease or Grant was obtained from the then Bishopp of Durham by one Alphonsus Bulmer? About what time was such Lease or Grant made? And what Lead Mynes did the said Bulmer worke or p[re]tend to worke by vertue of the said Lease? Were not the Mynes soe wrought or formerly wrought by the Moorem[aster]? And was the said Alphonsus Bulmer prohibitted and stop[p]ed from workeing by the then Moorem[ast]er or his Tackers at the p[ar]ticular places called Cragg:grove lying within an Auncient Meadow close att the Myne called Peakside and in the Billing or att what other Mynes did you know any by vertue of that Lease worke or Digg for Lead Oare without such Interrupc[i]on of the Moorem[aster]  Declare y[ou]r whole knowledge



Item  Doe you know believe or have credibly heard that William Hall Esq on or about the yeare one thousand six hundred sixty fower p[re]tended und[er] the then Bishopp of Durham some Tythe to severall of the Compl[ainan]ts Lead Mynes p[ar]ticularly to Two Mynes called Allerclough (lying within Inclosed grounds) and another Myne called Howsyke lying within the stinted pasture called Ireshopp ? Doe you know or have heard that on or about Easter Terme w[hic]h was in the yeare one Thousand Six hundred Sixty Six there was a Tryall at the Excheq[uer]Barr Betweene the Compl[ainan]t then pl[ain]t[iff] and the said William Hall Def[endan]t for the said Two Lead Mynes? Were you p[re]sent in the Court att the said Tryall or att any other Tryall touching this Tythe or were you A Witness therein? Did the Compl[ainan]t after a long and <full> Evidence on both sides obtaine A verdict for the said Lead Mynes  And hath the Compl[ainan]t ever since as well as before the said Tryall by himself or Agents wrought the said Lead Mynes and received and taken all Oare or Ure gotten out of the same and quietly Enjoyed them (till of late disturbed within Twenty <Months> by Sr Wm Blackett and those that claime und[er] him to reclaime Mynes in the Enclosed grounds)  What did you observe upon the s[ai]d Tryall either upon the Evidence of the Witnesses or the Auncient Bookes and writeings produced upon the said Tryall on the Compl[ainan]ts behalfe? Declare y[ou]r whole knowledge herein. 



Item  What other matter or thing doe you know believe or have credibly heard which may any way tend to the Advantage of the Compl[ainan]t in this Suit Declare y[ou]r whole knowledge therein and the reasons that moves you soe to depose.