Deposition – Mathew Smales – 9 Sep 1680

Mathew Smales of Gilling in the County of Yorks Gent Aged Thirty eight yeares or thereabouts Sworne and Examined sayth 



To the First Second Third Fourth Fifth Sixt Seaventh Eight and Ninth Interrogatories this Depon[en]t is not required to be Examined  



To the Tenth Interrogatory this Depon[en]t sayth that on or aboute the yeare one thousand Six hundred Sixty and foure Mr William Hall by vertue of a Lease from the then Bishopp of Durham did p[re]tend some Tythe to severall Lead Mynes then in the Compl[ainan]ts possession And aboute Easter Terme which was in the yeare one Thousand Six hundred Sixty Six there was A Tryall at the Excheq[uer] Barr att Westminster Betweene the Compl[ainan]t who was then Pl[ain]t[iff] and the said William Hall who was Def[endan]t for some of the Lead Mynes within the said Parrish of Stanhopp and this Depon[en]t sayth that hee was in the Court and A Witness in the said cause and that after a long and full Evidence on both sides the said now Compl[ainan]t obtained A verdict and hath ever since enjoyed and occupyed the Mynes then sued for to which verdict for this Depon[en]ts more certainety hee referrs himselfe And this Depon[en]t sayth att the time of the last Tryall the Two Mooremaster bookes or Regesters now produced to this Depon[en]t att the time of his Examinac[i]on were then and there produced in Court and proved to be the Auntient Mooremaster books and allowed to be read as Evidence in the said cause and this Depon[en]t is the better able to depose herein for that hee this Depon[en]t had the said bookes at the time of the Tryall in his Custody (and did as there was occas[i]on to make use of them & turne to the p[ar]ticular places then read or produced in the Court And this Depon[en]t sayth that the p[er]sons hereafter named were Witnesses in the said cause on the pl[ain]t[iff]s behalfe (and have beene dead for severall yeares last past as this Depon[en]t believes) vizt Ralph Bainbridge Ralph Fetherston John Lonsdale and John <Y......rd> all of the said p[er]sons being then very Aged which said Witnesses did all sweare in Court upon the said Tryall that they had not only knowne the workeing of the two p[ar]ticular Mynes then more p[ar]ticularly <insisted> upon vizt Allerclough and Howlesike dureing all the time of theire remembrance und[er] the Mooremasters Tythe but likewise that all the Mynes of Lead w[hi]ch were openned and wrought within the said Two Parrishes and Forrest of Weredale as well within as without Enclosed grounds were wrought by Tack or grant from the severall Mooremasters or his or theire Deputy or Deputys   And this Depon[en]t is the better able to Remember the same for that hee this Depon[en]t now hath and hath ever since the said Tryall had in his Custody A Breviate of what severall of the Witnesses then were Examined and Sworne to in the said Cause  And this Depon[en]t sayth that hee this Depon[en]t and Mr Robert Wharton Examined the now page booke shewen to this Depon[en]t att the time of his Examinac[i]on bound in Vellun with the old mooremaster booke made in the ninth yeare of the Raigne of the Queene Elizabeth w[hi]ch this Depon[en]t  believes to be A true coppy of the said booke save that some p[ar]ticular places at the blacke are unfilled upp in regard that the old booke in those places are soe torne and obliterated that the same cannot be read.



Capt et jurat die Anno et loco Sup[er]dict coram nobis 



Tho Gyll / <S>  Hutchinson [both sign]