Tenants of Stackhouse v Tenants of Giggleswick
Deposic[i]ons of witnesses taken at Giglesweke in the Countye of Yorke, the
eight day of Aprill in the eight yere of the Reigne of our most dred
sov[er]aigne Ladie Elizabeth,(1566) by the grace of God, quene of England, France
and Ierland, defendor of the faythe etc, Before etc, by force of the quenes
highnes Commission to them directed furthe of her graces Court of Dutchie
chamber, for the matter dependyng in contrav[er]sie in this court Betwene
Thom[a]s Lynsay, John Lynsay and others, deff[endants], agaynste the quenes
ma[jes]ties ten[au]nt[es] of Stackhouse, upon certen Interrogatories mynystred
upon the p[ar]tie and behalf of the saide deff[endants].
Richarde Ratclyffe of Giglesweke in the Countie of Yorke, gent, ten[au]nte to the Right honorable earle of Cumb[er]land, of th’age of 70 yeres, (born 1496) sworne and examyned, to the first Interrogatorie Deposethe and saythe that he know[e]th two percels of grounde called Laynethwate and Lowe More, and that the same doe lye and ar w[i]thin the knowen bounders of The Manor and lordshipe of Giglesweke, and is parte and parcell of the same Manor.
It[e]m the said deponent to the s[e]c[on]de Interrogatorye deposeth and saythe that he hathe hard credable reported that the Auncessors of the earle of Northumberland hathe caused certen Inclosures to be made and inclosed before the deponent did inhabyte and dwell w[i]thin the said Manor w[i]thin thes parcels of ...... [obscured by crease] this deponent know[e]th ye parcels so inclosed, That is to say, foure lyyng in and upon the saide Lowe More, and one lyying upon the eigh [ie High?] More of Giglesweke and is called Rowtstorthe, but to whome the saide earle of Northumb[er]land did graunte the same this deponent knowth not, But he saythe the truthe is Henry Ten[au]nte and div[er]s other sev[er]all farmers and ten[au]nt[es] of th’erle of Cumb[er]land[es] dothe p[re]sentlye and sev[er]alye occupye the same.
It[e]m to the thirde Interrogatorye this depon[en]t deposethe and saythe that he hathe hard say that some of the inclosures aforesaid where takyn Inne and Inclosed before Skotchefelde, w[hi]ch was as this deponent reme[m]brethe in the 5th yere of the Reigne of Kyng Henry the eight, and p[ar]te before that tyme and p[ar]te sence.
It[e]m to 4th Interrogatory this deponent deposethe and saythe that he know[e]th the lordshipe and manor of Newbye, and further sayth that the said Lowe More and Laynethwate was never unto this cont[ra]v[er]sie beganne ether taken, ymputed, clamed or knowen to be anye p[ar]te or p[ar]cell of the said Manor of Newbye.
It[e]m to the fyfte and last Interrogatorye this deponent deposeth and saythe that the lordshipe of Newbye is distant from the Mano[ur] of Giglesweke the space of thre myles at the least, and at the sev[er]all mano[ur] of Giglesweke aforesaid, and he saythe and deposeth that the lordshipe of Awsleweke is of the clere yerely vallewe of fourescore pound[es] in the yere or ther about[es], and that Clayh[a]m is of the yerelye vallewe of £40 or ther abowt[es].
Richard Newhouse (b1514) of Giglesweke in the Countie of Yorke, yoma[n], ten[au]nte to th’erle of Cumb[er]land and one Richard Chewe, gent, of th’age of 52 yeres, sworne and examyned, deposethe and saythe to the first Interrogatorye in ev[er]ye article, clause and Sentence as Ratcliff his p[re]contestee hathe saide.
It[e]m to the s[e]c[on]de and thirde Interrogatorye this depon[en]t deposethe and saythe the ancesstor to th’erle of Northumberland that nowe is graunted to one Henry Tayler of Rowtstorth one ymprovement w[i]thin the More and Manno[ur] of Gigleswicke ymedyatelye after Floden felde or Skotchefelde, and addethe further that the saide ymprovement was gr[a]unted unto the saide Tayler in reco[m]pense of his S[er]vice done at the felde aforesaid, And toward[es] the dystchardge of his Ransome, because at the feylde aforesayd he was takyne prisoner, and abowte the same tyme also ther was two other ymprovement[es] were gr[a]unted unto one John Payley and lyethe at Hunthwayte in the Lowe More and p[ar]cell of the mano[ur] aforesaid, And also further saythe that abowte the same tyme one other ymprovement was gr[a]unted to one Lynsey, whereupon he buylded and nowe is Inhabyted, and paythe unto th’erle of Cumb[er]land 2s yerely rent, And also saythe that Henry Ten[au]nte occupieth one ymprovement upon the Lowe More, but when the same was inclosed this deponent cannot c[er]tenlye depose, but saythe and deposeth that he paythe yerelye therfore unto th’erle of Cumb[er]land 26s 8d, and as touchinge the ymprovement[es] callyd Rowtstrothe one Henrye Tayler occupyethe and enjoythe the same, and pays therefore yerelye rent unto th’erle of Cumb[er]land as he supposethe, And as towching also the two inclosures at Hunthwate one Adam Carr occupyes the same as ferrmer unto th’erle of Cumb[er]land and pays yerelye therfore 6d.
It[e]m to the 4th and 5th Interrogatoryes this deponent deposethe and saythe in ev[er]ye poynt, article & Sentence as Richarde Ratcliff his p[re]contestee before him hathe deposed and saide.
John Rome (born 1487) of Giglesweke in the Countie of Yorke, husbondman, ten[au]nte to th’erle of Cumb[er]land, of th’age of Threscore & 19 yeres or ther abowt[es], sworne and examyned, to the first Interrogatorye deposethe and saythe in ev[er]y poynt and Sentence as Ratcliffe and Newhouse his p[re]contestes hathe saide and deposed.
It[e]m to the s[e]c[on]de and thirde Interrogatores this deponent deposethe and saythe as Newhouse before him hathe said, and further saythe that he right well remembrethe that th’erle of Northumb[er]land, grandfather unto th’erle of Northumb[er]land that nowe is, gr[a]unted unto one Tayler, Payley & Browne c[er]ten of the same ... Inclosures or ymprovement[es].
It[e]m to the 4th and 5th interrog[atoryes] this deponent deposethe and saythe that Low More and Laynethwate neth[er] is nor never was anye p[ar]te or p[ar]cell of the Manor of Newbye, and further to thes Interrogatories deposethe and sayth in all poynt[es] as Ratcliffe and Newhouse hathe deposed and saide.
Richard Banckes of Feaser (born 1494)w[i]thin the countye of Yorke, husbondman, ten[au]nte unto Richard Chewe, gent, of th’age of 72 yer[es], sworne and examyned, to the first Interrog[atory] deposeth and fullye saythe as Rome hathe said & deposed, and further saythe that he hathe knowen 4or of the same inclosures lying alrede not inclosed.
It[e]m to the 4th, 5th & last Int[er]rogatorie this deponent fullye sayth as Rome before him hathe saide & deposed.
Richard Burton of Rawthmell in the countye of Yorke, (born 1515) husboundman, tenant unto Will[ia]m Caterall esquire, of th’age of 51 yer[es] or ther about[es], sworne and examyned, deposeth & saythe to the first, s[e]c[on]de and 3de Interrogatories fullye in all poynt[es] as Ratcliffe hathe saide and deposed, and further saythe that he hathe hard the same credable reported by his father beyng hade for the towneshipe of Giglesweke, and this deponent then beynge a childe, did helpe his father to kepe cattell, whereby he canne more certenlye depose.
Will[ia]m Lynsay (b1512) of Paylay Grene in the towneshipe of Giglesweke in the countie of Yorke, husbondman, ten[au]nte to th’erle of Cumb[er]land, of th’age of 54 yeres or ther abowt[es], sworne and examyned, to 1, s[e]c[on]de, 3d, 4th and 5th interrog[atories], this deponent deposeth and saythe in all poynt[es] fullie as Richard Newhouse hath sayde & deposed, and further addethe that his father had lycence to ymprove a peace if grounde by th’erle of Northumb[er]land, w[hi]ch this deponent nowe occupyeth and Inhabitethe.
plus in dorse
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And we Further certify that according to th’effect and ......
of the ...... pone ... repaired and traveled unto the more of ... and the ......
in varyaunce and vewed the same ...... specyfyed ......
perswaded and more ...... that to ......
... as towching the distance & ...... of ......
... and as towching the ... & ...
......
F... shall ......
[Sideways in margin]
...... more
... Burton and
...... deposicion.
[Inverted at foot]
The certyficate of the co[m]miss[ioners] betwene Thom[a]s Lynsay and others deff[endants] agaynst the quenes ma[jes]tie ten[au]nt[es] of Stackhouse compl[eainants] to the hon[our]able court of the Dutchie Chamber