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Counter Interrogatories on behalf of Blackett Counter Interrogatories Exhibited on the part and behalfe of their Matyes [Majesty's] attorney Generall on behalf of their Matyes Sr Willian Blackett Barrtt [Baronet] and the Inhabitants of the County Palatine of Durham Complts [complainants] against Sr Thomas Tempest Barrtt to be administered to the defend[an]ts witnesses. 1 Was the acknowledgement which you speak of paid particularly & solely for the way leave downe the Peth, and the way clam'd by the Complts, or was itt paid for way leave through the defts in grounds & for staith roome att his staithe and how much is yearly paid for such wayleave and staithroome, Doe you know or beleive that the deft hath severall & how many hundred pounds a year for way leave through his grounds & staitheroome att his staithes or if you say such acknowledgmt was p[ar]ticularly & solely paid for the way leave clam'd by the Complt then did you see the same paid perticularly for this way leave and when & by & to whom & how much, and give and account how you come to know that such acknowledgemt was paid solely & perticularly for the way leave clamed by the Defts or whether you had the same only by hear say or how. 2 Did you see any acknowledgmt or satisfaction paid for wayleave through the Peth & the way clamd by the the Complts and were you p[re]sent att the payment thereof or you had it onely by hear say or how; if you were p[re]sent when & were was itt; and who was p[re]sent besides your selfe, and by & to whom, and speak whether such satisfaction was paid solely & perticularly for way leave through the way clam'd by the Complt or for way leave through part of the Deft's other Grounds with part of this way leave clam'd by the Complt's yea or no, and speak the truth and your knowledge herein. R Shafto
These papers are the record of evidence, depositions, collected at Blaydon and Newcastle in April and in October 1690 by commissioners appointed by the Exchequer Court in London. This is the October collection; April's are located under the document reference TNA E134/2Wand M/Trin15. Both sets form part of a case brought by Sir William Blackett against Sir Thomas Tempest. Blackett alleged that Tempest, of Stella Hall, had been imposing illegal tolls on the carriage of lead from Dukesfield and other mills along the Lead Road east of Greenside down to the staithes at Stella and Blaydon, and on the carriage of other goods on the same stretch of road. As in all such cases the depositions take the form of a series of questions put by both sides in the dispute interrogatories and counter-interrogatories to witnesses, or deponents, called to give statements to the commissioners. The witnesses were mostly ordinary people working as carriers with their horses along the Lead Road. The lack of simple indexes to the voluminous decrees and orders of the court means that the outcome of the case has not been traced. However, later evidence suggests that Tempest won. The surviving Blackett account books, starting in 1729, record an annual payment of £31-5s-0d to Lord Widdrington for 'wayleave through Stella freehold' chargeable to the lead mills. The 4th Baron Widdrington had acquired the Stella Hall estate through his marriage to Sir Thomas Tempest's grand-daughter. The Latin preamble is omitted. A guide to Exchequer Court procedure can be found at: http://www.nationalarchives.gov.uk/records/research-guides/equity-court-of-exchequer.htm
