STAC 5/B39/20

Court of Star Chamber:

Cuthbert Bates v Willm Fenwicke of Blegden [Blagdon], Marke Errington, George Graye, Robte Helme & Anthonye Anderson

Transcript: Dave King

Interrogatories:

Interrogatories to be ministred to Josua Delavale gen[t] a wittnes p[ro]duced and sworne by and on the behalfe of Cuthb[er]t Bates gen[t] compleynant against Willm Fenwick Marke Errington, George Grey Robert Helme and Anthony Andersonn defendts

1. Imprimis whether did you knowe one Thomas Bates late of Morpeth in the county of Northumberland and Isabell his wyef, and whether do you knowe the said p[ar]ties plaintiffe and defendt and how long tyme have you knowne them and ev[er]y of them?

2. Item whether was the said Thomas Bates at the tyme of his death seised of the capitall messuage or ferme called litle Bempton als Benton and of and in div[er]s landes medowes and pastures w[i]th thapp[ur]tenances in little Bempton als Benton aforesaid and of the advowson and p[at]ronage of the Rectory and p[ar]ish church of Whalton in the said county of Northumberland and of what estate dyed the said Thomas Bates seised and possessed in the p[re]misses to your knowledge?

3. Item to what p[er]son and p[er]sons did the said capitall messuage landes and ten[emen]tes and the said advowson and right of p[at]ronage discend remaine and come immediatly after the death of the said Thomas Bates in possession remainder and revercon and by what tytle meanes coveighances and estates did the same so discend remaine and come, and how know you the same?

4. Item whether did Robert Bates brother and heyre of the said Thomas Bates after the deathes of the said Thomas Bates and Isabell his wyef clayme the inheritance and possession of the said messuage landes and ten[emen]tes and whether do you knowe and think that the said Robert Bates might lawfully have entred into all and singuler the said landes and ten[emen]tes and enioyed the same immediatly after the death of the said Thomas Bates and Isabell or eyther of them?

5. Item what p[er]son and p[er]sons did enter into the said landes and ten[emen]tes after the deathes of the said Thomas Baites and Isabell his wyef and received the p[ro]fittes therof and of what value ar the p[ro]fittes w[hi]ch they and ev[er]y of them have received for or furth of the p[re]misses?

6. Item whether did the said p[ar]ish church of Whalton aforesaid become voyde of an incumbent sithence the death of the said Thomas Bates, and what p[er]son & p[er]sons did p[re]sent unto ye same

7 Item whether was Robert Bates now deceased and late father of the compleynant brother and heyre to the said Thomas Bates, and whether is the compleynant son and heire to the said Roberte Bates?

8 Item whether was the deede now shewed unto you at the tyme of this your ex[am]inacon written by the said Robt Helme and how know you the same?

9 Item whether did you at any tyme heretofore shew the same deede or wrytinge to the said Willm Fenwicke and whether did the said Willm Fenwick confesse and acknowledge to you that the same was a true deede and that the same was sealed by him and that the said Willm Fenwicke had subscribed his name therunto?

10 Item whether did the said Willm Fenwicke confesse and acknowledge to you that the counterpaine or other p[ar]te of the same deede now shewed unto you at the tyme of this your ex[am]inacon was a good lease and that the said Thomas Bates had made sealed and delivered the same to the said Willm Fenwicke and that he could prove the same to be a good lease, and whether did the said Willm Fenwicke by vertue or color of the same lease p[re]sent one [blank] Acroyde, clerke to the said church of Whalton, being voyde after the detah of the said Thomas Bates and whether was the said [blank] Acroyde therupon admitted institute and induc[t]ed in and to the said churche?

11 Item what yearely p[ro]fittes have the said Marke Errington and Willm Fenwicke or eyther of them and the assignes of them or eyther of them, received sithence the death of the said Thomas Bates furth of the said p[ar]sonage of Whalton and what interest do they or eyther of them clayme in all or any p[ar]te of the said Rectory and whether was the said lease a meane therof or no?

12 Item whether did the said Willm Fenwicke deliver or shew unto you the copies of deposicons now shewed unto you at the tyme of this your ex[am]inacon and what speches passed betwene you and the said Willm Fenwick concerninge the said deposicons and upon what occasion were the same speches moved?

13 Item whether did the said Willm Fenwicke confesse and acknowledge to you that he had made or p[ro]cured to be made the said lease of the said landes and advowson to hymselfe and what did he say was the cause wherfore he had made the same, and when and where did he confesse the same?

14. Item whether did the said Willm Fenwicke offer to yeild possession of the said landes and ten[emen]tes to the said plaintiffe, and when to whome and upon what condicons did he make the same offer?

15 Item what other matter or thing do you knowe towchinge the making wryting sealinge subscribing indorsinge publishing and p[ro]vinge the said wrytinges by the said defendts or any of them and what is your full knowledge aswell concerning [the] said supposed wrytinges as also towchinge the examinacon of the said Anthony Anderson and Symon Chambers?

Deposition of Josua Delavale:

Cap xiij die decembris Anno xxxviij dm ... Eliz Regina

Josua Delavale of Ryvers Greene w[i]thin the Countye of Northumberland Gent aged xlvj yeeres or thereaboutes sworne & examyned deposeth & saieth as followeth.

To the first Interr[ogatory] this deponent saieth that he dyd knowe Tho Bates late of Morpeth in the County of Northumberland & Isabell his wief And doth knowe the p[ar]tyes pl[aintiff] & def[endant] in this cause

To the second Interr he sayth that the said Thomas Bates was as this dep[onent] hard at the tyme of his decease seised in Fee of the said Capitall messuage or farme called lyttle Bempton als Benton & of & in dyvers land meddowes and pastures w[i]th the app[ur]tenances in lyttle Bempton als Benton aforesaid & of the advowson & patronage of the Rectorye and p[ar]ishe Churche of Whalton in the said County of Northumberlande and the said Tho Bates as this dep[onent] thinketh dyed of these premisses so seised/

To the third Interr This deponent sayth that the said Capitall messuage landes and ten[emen]tes and the said Advowson & right of patronage oughte of right as this dep[onent] thinketh to come to Robte Bates brother of the said Tho after the deathes of the said Thomas & Isabell his wyef by a conveyance as this dep[onent] hard made by the said Tho: Bates in his lyef tyme

To the iiijth Interr This deponent saieth that the said Robt Bates brother and heire of the said Tho Bates dyd after the deathe of the said Thos Bates and Isabell his wief clayme the inherytance and possess[ion] of the said Messuage landes and ten[emen]tes And this dep[onent] thinketh that the said Robt Bates might have entred into the s[ai]d premisses after the deathes of the said Thomas Bates & his wief if the lease in que[stion] had not byn.

To the vth Interr this dep[onent] saith that the said Wm Fenwycke & Randall Fenwycke dyd enter into the said landes & ten[emen]tes after the deathes of the said Tho: Bates & Isabell his wief & receyved the proffyttes therof by force of the said lease in questyon And this dep[onent] sayth that the valewe of the proffyttes of lyttle Bempton were worth by the yeere to be lett threescore poundes as this dep[onent] thinketh And sayth that the said p[ar]sonage of Whalton is worth by the yeere one hundred markes or thereaboutes out of w[hi]ch the said Marke Errington & Wm Fenwycke payd yerely the some of fortye poundes to one Acroyd whome they or one of them presented clarke to the said churche as this dep[onent] hath byn informed & payd allso yerely to the Curatt there nyne or tene poundes

To the sixte Interr This deponent sayth That the said p[ar]ishe churche of Whalton afores[ai]d dyd become voyde of an Incumbent after the deaths of the said Thos Bates & his wyef. And this deponent saieth that the s[ai]d Wm Fenwycke & Marke Errington or thone of them dyd present one Acroyd unto the same

To the vijth In[terrogatory] this dep[onent] sayth that the said Robt Bates deceased was father of the nowe C[omplainant] & brother & heire unto the said Tho Bates And sayth that the said Complt is sonne & heire to the said Robt Bates

To the viijth In[terrogatory] this dep[onent] saith that the deed supposed Indenture of lease nowe shewed unto him this dep[onent] at the tyme of this his exa[minacon] was wryt[ten] by the said Robte Hellme as this dep[onent] is verely & undoubtedly p[er]swaded in his Conscyence And besydes he sayth that the s[ai]d Robt Hellme dyd longe ag... confesse unto him this dep[onent] that he the said Hellme dyd wryte the same supposed Indenture of lease deed

To the ixth Interr this dep[onent] saith that he dyd longe ag... tell the said Wm Fenwycke of the said lease deed & asked of him whether yt was a trewe deed or not & what wyttnesses he had to prove the same. And the said Wm Fenwycke dyd then saye unto him this dep[onent] that the said deed lease was a trewe deed & sealed & d[elivere]d by Tho Bates in his lyef tyme w[hi]ch he would p[ro]ve by wyttnesses as he then said And more to this In[terrogatory] this dep[onent] doth not depose

To the xth In[terrogatory] he saieth he can say no more then he hath before said to the ixth In

To the xjth Interr this dep[onent] saith that the said Marke Errington & Wm Fenwyck had dyd have by themselfes or their assignes sythence the decease of the said Tho Bates s[ai]d Churche of Whalton became voyde of any Incumbent receyved the same tythes & proffyttes of the s[ai]d p[ar]sonage of Whalton (till yt was nowe of late) the same tythes & proffittes being worth yearely one hundred Markes or thereaboutes as this dep[onent] thinketh

To the xijth In[terrogatory] this deponent saeth that the said Willm Fenwycke he this dep[onent] dyd tell the said Wm Fenwycke that he this dep[onent] had seene & p[er]used over the s[ai]d Coppyes of deposicons nowe shewed unto him this dep[onent] at the tyme of this his exam[inacon] & dyd then that he this dep[onent] was more suspitious of the s[ai]d lease deed then he was before & that he this dep[onent] dyd thincke that the p[er]sons w[hi]ch had made these deposicons to p[ro]ve the s[ai]d supposed lease were knightes of the poste or wordes to that effect and the s[ai]d Willm Fenwycke then s[ai]d that if those deposycons would not sattisfye him this dep[onent] that then he the said Wm Fenwick dyd not knowe howe to sattisfye him this dep[onent] & w[i]thall used some spiches of miscontentment unto this dep[onent] in that he this dep[onent] gave no more credytt then he dyd to the s[ai]d deposicons

To the xiijth In[terrogatory] this deponent saieth that the said Wm Fenwyck dyd in or about the monthe of Aprill last past beinge then [?sycke?] at his house at Blegden in the County of North[um]berland send for this dep[onent] to come unto him w[hi]ch this dep[onent] dyd accordingly att w[hi]ch tyme the said Wm Fenwyck dyd amongest dyvers speches by him used unto him this dep[onent] make ernest suite and request unto him this dep[onent] to be A meane that this suite comensed in this ho[norable] C[ou]rt against him the s[ai]d Fenwycke & others about the s[ai]d deed lease might be surceased & his the Credytt of him the s[ai]d Fenwycke saved & that then the s[ai]d nowe C[omplt] should have the possession of the s[ai]d landes demised by the s[ai]d lease And w[i]thall dyd then Confesse saye unto him this dep[onent] that he the s[ai]d Fenwycke had become bounde as suertye w[i]th the s[ai]d Tho Bates to paye unto therle or Countesse of Northumberland (... of bothe this dep[onent] doth not well ...) the some of one hundred powndes w[hi]ch he the s[ai]d Wm Fenwycke himself was like to paye as he then sayd & that therefore he the s[ai]d Wm Fenwyck bycause he would be no looser by that bonde had after the deathes of the said Tho Bates & his wyef caused the said deed lease nowe in questyon to be made confessing the same to be a great faulte & would putt himself into this dep[onents] hands for ytt & that the s[ai]d nowe complt should have the possession of the s[ai]d landes praying [?still?] that suyt of lawe mought cease & his creddytt saved for he would not come to the answering of the matter by any meanes And then this dep[onent] advised told the said Wm Fenwycke that if he would have the s[ai]d matter to be fully & quyetly shutt up that then he the s[ai]d Willm Fenwycke would was to discover the whole trewth of the forgery & all ill actors in ytt & about itt & their proceedings therein to twoe indifferent gentlemen to be named betwixt bothe p[ar]tyes w[hi]ch to doe the said Wm Fenwycke utterly denyed saying that if this dep[onent] would be sattisfyed.. by his the s[ai]d Fenwyckes owne confess[ion] of the s[ai]d forgery as before so yt was, if not, he must & would doe what he could or words to that effecte and more he saith not to this I[nterrogatory].

To the xiiijth In[terrogatory] he saith he can say no more then he hath before said to the Interr next precedent

To the xvth In[terrogatory] he saith as he s[ai]d before And more he saith not to this In[terrogatory].

Josua de Lavale