STAC 5/C76/15

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STAC 5/C76/15 - I D - 42 Eliz - Nicholas Crundale v John Marshall, William Beesherre et al
This is taken from www.frenchaymuseumarchives.co.uk where there are also notes.

Interrogatories
INTERROGATORIES to be administred unto John Marshall one of the defend[an]ts in a suite dependinge in the Honorable C[ourt] on [illeg.] of Nicholas Crundall Compl[ainan]t
1 INPRIMIS whether do you heare the Compl[ainan]t at anie tyme before the Assizes houlden at Gloscester for the said Countie of Gloscester in Lent in the Fortieth Yeare of the Queenes Ma[jes]ties Raigne that nowe ys of these sedicious wordes (Viz) the Queene the Queene I care not a Turde for the Queene meaninge the (Queenes) Maiestie [2 words illeg.]. Yf yea then in what place at what tyme and upon what occacon and before whome did the Comp[lainan]t speake those words.
2 ITEM who besides yourself did heare the Comp[lainan]t speake the supposed Contempsous and sedicious words in the next antecedent Interr[ogatory] mencoed name the said p[er]son w[hi]ch to yo[u]r owne knowledge did heare the same at the time and place, When and wheare the said words weare suche supposed to be spoken by the said Comp[lainant]
3 ITEM Did not you and the said Alice Weare one of the defend[an]ts or one of you at the said Gloucester Assizes in the first Interr[ogatory] mencoed before the Justics & Jury there depose that the Compl[ainan]t had spoken the said supposed sedicious words in the first Interr[ogatory] mencoed Yf yea then whether was yt of yo[u]r Owne Intencon by the synister p[er]swacons or subornacon of the said Robert Bradston one of the defend[an]ts or of some other p[er]son or p[er]sons w[i]thout anie iust cause thereof And whoe moved you and the said Alice Weare or either of you to take the said untrue oath And what money recompence or Reward or p[ro]mise of money or reward have you and the said Alice Weare or either of you receaved, taken or accepted for takeinge the said oathe.
4 ITEM Did not you & Alice Weare aforesaid the said Bradstone and others before the said Lent Assizes in the first Interr[ogatory] mencoed meete together at the house of Richard Weare husband of the said Alyce in Wynterborne in the Countie of Glouc[ester] to consult togeather first to devise, after to publish and then to depose the supposed sedicous words in the first Interr[ogatory] mencoed.
5 ITEM wheather did you or the said Bradston or anie others at the said Weares house first devise the said Words and what was the substance of the consultacon then and there and betwixt you and the others, then assembled for the mann[er] of pulisheinge and deposinge of the said Words.
6 ITEM wheather would not you or some other p[er]son in yo[u]r company at the tyme and place the next antecedent Interr[ogatory] mencoed have p[er]swaded others then and there present to have verefied upon their oathes the supposed sedicious words before saide and what weare the words p[er]swacons or other meanes to wynn them thereunto and what answeare made they to the said mocons or p[er]swacon
7 ITEM Doe you knowe presislie of your owne knowledge that w[i]thin the Hamlett of Wynt[er]borne in the bill mencoed there ys this custome in gen[er]all (amongest others) contnenige the paiem[en]t of certaine tiethes in kynde (Viz) that everie occupier of one yard land w[i]thin the said Hamlett should paie yearelie for all tiethe Haye arisenige, or from tyme to tyme renewinge upon the said yard land and for all pasturage and after pasturage of barren Feedinge and breedinge Cattell whatsoever in Lyewe and satisfacon of the said tiethes and Feedings Six pence for everie half yard Land three pence and for everie Cottage three half pence and not above Yf yea, then by what meanes was yo[u]r knoweledge Ledd or induced thereunto.
8 ITEM wheather did you not answere before Mr Justice Walmsley upon the procureinge forth of the p[ro]hibicon in the bill mencoed and before the Justics of Assize and Jury at Glouc[ester] Assizes last as alsoe before Doctor Jeames in the bill mencoed in the Consistory Court of Bristoll testifie by waie of deposicion that the Custome of the said Hamlett of Wynt[er]borne for ye tiethes aforesaid was in such sort and noe otherwise then ys above in the next antecedent Interr[ogatory] esp[ec]ially and p[ar]ticulerly in that behalf sett downe, Yf yea, then what moved you soe to testifie and depose.
9 ITEM wheather doe you not knowe or have crediblie heard that all or the most part of the Occupiers of Meadowe grownde w[i]thin the Hamlett of Wynterborne aforesaide w[hi]ch hath bin converted from Wood or earrable grownde unto Meadowe for the tyme of yo[u]r rememberance have from tyme to tyme as occasion served yealded and paide or otherwise ought to have yealded or paide for all the meadowe grownds w[hi]ch hath bin soe conv[er]ted either from earrable or wood grownde into Meadowe grownde Tieth have in kynde unto the p[ar]son of Wynterborne aforesaid for the tyme beinge or to his or theire Farmor or Farmors of the Rectorie thereof Yf yea then what moved you to testifie and depose yt mouds from tyme to tyme had and ought to be paid in Liewe & satisfacon of the tieth haie ariseinge or comeinge of such meadowe grownde As for th other meade here called Stone meade
10 ITEM wheather did not Will[ia]m Belsheire and Robert Bradston in the bill expressed or either of them move and p[er]swade you to testifie and depose the custome to be as concerninge the paiem[en]t of a certane sume of money for all Tyethe haie whatsoever in the Hamlett of Wynt[er]borne as in the Seaventhe Interr[ogatory] is expressed and whoe besi[d]es yourself was p[er]swaded thereunto, and what reward, recompence, or promyse of reward or recompence was made or promysed unto you or them or any other w[hi]ch weare deposed thereunto by the said Belshere or Bradston or any other soe to testifie and depose.
Frowyk



Deposition of John Marshall
Exam[inati]o cap[i]t[a] 30 die Novembris Anno Regne Eliz[abeth]e St 42do Sua Interr[ogatori..] ex p[ar]te Nicholai Crondall quer[entis] ministrat[a]
John Marshall of hambrooke in the p[ar]ish of Winterborne & Countie of Glouc[ester] husbandman sworne etc
To the 1 & 2 Interr[ogatories] this def[endant] saieth that in the weeke before Whittsondaie in the Nyne and thirtith yere of her Ma[jes]ties Raigne the now Compl[ainan]t did at Winterborne in the Countie of Glouc[ester] strike downe to the ground w[i]th a Crabtree staffe Johan Bradstone gentelwoman w[i]th that blow did breake her head & also caused the blood to gusshe owt of her mowth and nose, Whereupon Richard Weare then Constable of Winterbourne being nere at hand willed the s[ai]d Compl[ainan]t in the Quenes name to kepe the peace And then the s[ai]d Compl[ainan]t, in mawinge & mocking manner & drawinge his mowth awrie uttered these verie words w[hi]ch this def[endant] (savinge due reverence to this Ho[noura]ble Court) deposeth as followeth, viz. The Quenes name the Quenes name I doe not care a turde for thee nor her neither, And this def[endant] saieth that the saied words were so uttered by the s[ai]d Compl[ainan]t in the hearinge of the wife of the saied Richard Weare & of this defend[an]t & the s[ai]d Richard Weare himself was then nere at hande but whether he heard the same words by reason of the styrre made by the now Complaynant & his then companie about the saied gentlewoman this def[endant] cannot certenly depose
To the 3. Interr[ogatory] this Def[endant] saieth that he this Def[endant] & Alice Weare one other of the now Def[endants] did at the Lent Assizes holden at Glouc[ester] in the Forteth yere of her Ma[jes]ties Raigne before the Justics & Jurie there depose that the now Compl[ainan]t had spoken the seditious wordes before by this def[endant] deposed to the p[re]cedent Interr[ogatory] And they so deposed of their owne knowledge of the truthe therein and not by the sinister perswacons or subornacon of Robert Bradstone menconed in this Interr[ogatory] or of annie other p[er]son or p[er]sons as is supposed neither did they take an untrue oath in s[aid] deposinge at the s[ai]d Assizes Neither hath this def[endant] nor the s[ai]d Alice Weare to this def[endant']s knowledge receaved taken or accepted for takinge the saied oath anie monie recompence or reward or p[ro]misse of Monie or Rewarde as is also supposed by this Interr[ogatory].
To the 4. Interr[ogatory] this def[endant] saieth that he did not meet at anie tyme together w[i]th the s[ai]d Alice Weare the saied Bradstone or anie others before the saied Lent Assizes at the house of Richard Weare husbande of the s[ai]d Alice to consult together first to devise after to publishe & then to depose the saied wordes unttered by the s[ai]d Comp[lainan]t as is afores[ai]d
To the 5 Interr[ogatory] he saieth that neither this def[endant] nor the s[ai]d Bradstone nor anie others did at the s[ai]d Weares house devise the s[ai]d words Neither was anie Consultacon then & there had betwixt this def[endant] & othres for the manner of publisshinge & deposinge the s[ai]d words
To the 6. he saieth that neither this def[endant] nor anie other p[er]son in his compainie would at anie tyme have p[er]swaded others to have verified upon their othes the s[ai]d words as is supposed by this Interr[ogatory].
To the 7. Interr[ogatory] this def[endant] saieth that he doth knowe of his owne knoweledge for all the tyme of this defend[an]ts memorie, and knoweth that yr is also deposed uppon the othes of div[er]s old men That the Custome hath ben & is in gen[er]all w[i]thin the hamlett of Wynterborne in the bill menconed That everie occupier of one yarde lande w[i]thin the saied hamlett should paie yerely for all tithe hay arisinge or from tyme to tyme renuinge upon that saied yarde lande & for all herbage & after pasturage & of barren feedinge and breedinge cattell whatsoever in hew & satisfacon of the saied Tithes & Feedings, six pence, & for every half yard lande three pence, and for everie Cottage three half pence & not above.
To the 8th Interr[ogatory] this def[endant] saieth that he did depose aswell before Mr. Justice Walmesley uppon the p[ro]curing forth of the p[ro]hibicon in the bill menconed & before the Justics of Assizes & Jurie at Glouc[ester] assizes last as also before Doctor James in the bill menconed in the Consistorie Courte at Bristoll that the Custome of the saied hamlett of Winterborne for the Tithes afores[ai]d was in such sorte as is before in the precedent Interr[ogatory] deposed by this Interr[ogant].
To the 9. Interrog[atory] this def[endant] saieth that the Custome w[i]thin the s[ai]d Hamlett is & hath been that monie from tyme to tyme hath ben paied & ought to be paied in lieu & satisfacon of Tith hay pasturage & after herbage as is afore deposed But the now Compl[ainan]t hath receaved Tith haye of some poore men w[i]thin the saied Hamlett who have not ben able or would not make triall of the Custome of the s[ai]d Hamlett & so they for avoidinge the Charges of Lawe paied the same And more he saieth not to this Interr[ogatory]
To the 10 Interr[ogatory] this def[endant] saieth that in a suit dependinge & comenced by the now Compl[ainan]t against W[illia]m Belsheire one of the now def[endant]s the s[ai]d W[illia]m Bellsheire did move this def[endant] to com to Bristoll & so p[ro]cured him there to be sworn as a Witnes to testifie the truth of his knowledge touchinge the Custome w[i]thin the s[ai]d Hamlett concerninge the payment of Monie for & in liew of all Tithe haie herbage & pasturage as is afores[ai]d And also the s[ai]d W[illia]m Bellsheir procured John Dagg the eld[e]r carpenter & John Dagg the Freeholder Henry Nicholas & Henry Wood to testifie & depose their Knowledges concerninge the saied Custome But this def[endant] denieth that he this def[endant] or anie other p[er]son or p[er]sons w[hi]ch were deposed had to this def[endant']s knowledge anie reward recompence or p[ro]mise of reward or recompence made or promised unto the[m] by the s[ai]d Belsheir or Bradstone or anie other so to testifie & depose as is supposed by this Interr[ogatory]
X

Interrogatories
INTERROGATORIES to be admynistred to Will[ia]m Belshere one of the defend[an]ts at the suyte of Nicholas Crundall Clarke Compl[ainan]t
1 IMPRIMIS wheather doe you not at such tyme [crease] p[er]ceaved yt ye Compl[ainan]ts wittnesses in the Consistorie Court of Bristoll in a suyte there comenced against you for certaine Tiethes had testified for ye said Compl[ainan]t whereby he was to have sentence for the tiethes then & there in question against you after to compounde w[i]th the said Compl[ainan]t for the said tiethes and thereby caused the Compl[ainan]t to surcease his said suyte Yf yea then what was the true cause whoe you did not p[ro]ceede to take order w[i]th the Compl[ainan]t accordingly.
2 ITEM did not Robert Bradston one of the def[endan]ts p[er]suade you that you should not take order w[i]th the Compl[ainan]t for the suyte of the tiethes in the next antecedent Interr[ogatory] mencoed preferinge you w[i]th all his best helpe both of money and otherwise in the defence of the said cause against ye Compl[ainan]t and did you not thereupon alsoe breake of the said intended agreem[en]t w[i]th the sayd Compl[ainan]t
3 ITEM wheath[e]r did not ye said Bradston p[re]sente after the tyme in the first Inter[rogatory] mencoed in yo[u]r bealf in the said Consistory Court of Bristoll in the Court of Comon Pleas and at Glouc[ester] Assizes Last the said cause then dependinge in every of the said places or any of them at the suyte of the Compl[ainan]t against yo[u]r self, Yf yea then wheather did he not followe the same and disburse some Sume or Sumes of his owne money in the defence of the said suyte Yf yea then to whome and what some and somes of money did he in yt sort Lay forth and disburse
4 ITEM did not you and the said Bradston or one of you p[ro]cure and p[er]swade John Marshall and Henry Woode before Mr Justice Walmesley about the tyme in the bill mencoed and the said Marshall Henry Wood Thomas Prigge John Dagg Henry Hunt al[ia]s Nicholas and John Perryman at the last assizes houlden at Glouc[ester] falsely to deposed and testifie upon theire oathes that the Custome w[i]thin the Hamlett of Wynterborne then was and tyme whereof the memory of man is not to the contrary hath byn that ev[er]y occupier of one Yeard Land should paie yearely for all tieth hay ariseinge or from tyme to tyme reneweinge upon the said Yard Land for all pasturage and after pasturage of barren Feedinge and breedinge Cattell whatsoever in Lyewe and full satisfaccon of the said tiethes and Feedings Six pence for every half yard land three pence, and for every cottage three half pence and not above.
5 ITEM wheather doe you knowe of yo[u]r owne knowledge that the custome w[i]thin the Hamlett of Wynterborne ys and for tyme out of minde hath byn as couuveringe the paiement of such somes of money in Lyewe of the Tiethe of the Meadowe grownds and pasturinge wherein as in the next antecedent Interrogatory ys precysly expressed, and wheather have not you yo[u]rself for all or the most part of the tyme that you have occupied any of the meadowe grounds and pastures in the next antecedent Interrogatory mencoed paid unto the p[ar]son for the tyme beinge Tieth haye in kynde, yea or noe Yf yea then whoe against yo[u]r owne knowledge did you procure the deponents aforesaid to testifie the contrary.
Frowyke

Deposition of William Bellsheir
Exam[inati]o cap[i]t[a] Tricesimo die Novembris Anno Reg[ina]e Eliz[abeth]ae 42 Sup[er] Interrog[atoria] ex p[ar]te Nicholai Crondall Cl[er]ici q[ue]r[ent] ministrat
W[illia]m Bellsheir of Winterborne in the Countie of Glouc[este]r husbandman sworn &c.
To the 1 Interr[ogatory] this def[endant] saieth that after such tyme as Witnesses were exam[in]ed in the Consistorie Court at Bristoll in the suit there comenced by the now Comp[lainan]t against this def[endant] for tith hay the s[ai]d Compl[ainan]t asked this def[endant] whether he would compounde for the same tithes the s[ai]d 4d. saieing to this def[endant] that he should never recover anie Charges against the [illeg.] Whereunto this def[endant]s answer that if the s[ai]d Comp[lainan]t would choose one Councellor at the Comon Law to and the same he this def[endant] would choose another matter the w[hi]ch the s[ai]d Comp[lainan]t refused to deal but otherwise this def[endant] to his re[mem]brance did not offer to compound w[i]th the now Comp[lainan]t for the s[ai]d tithes & thereby cause him to surcease his suit as is supposed by this Interr[ogatory].
To the 2 Interr[ogatory] this def[endant] saieth that Robert Bradstone one of the now def[endant]s did will this def[endant] to paie unto the now Comp[lainan]t his dues for Tithes & no otherwise and did not will this def[endant] that he should not take order w[i]th the now Compl[ainan]t for his suit of tithes promising this def[endant] withall his best helpe both of monie and otherwise as is supposed by this Interr[ogatory].
To the 3. Interr[ogatory] this def[endant] saieth that Robert Bradstone menconed in this Interr[ogatory] did beare some p[ar]te of the charge of his owne monie of the suite w[i]th the now Compl[ainan]t prosecuted against this def[endant] in the Consistorie Court of Bristoll & also in the Courte of Comon Plees & at Glouc[este]r Assizes because the matters of those suits conc[er]ned the Inheritance of the s[ai]d Bradstone & he this def[endant] being Tenant to the s[ai]d Bradstone did beare & pay the other charges of those suits to defend the same But how much monie the s[ai]d Bradstone laied forth thereabouts this def[endant] cannot certenly depose.
To the 4 Interr[ogatory] this def[endant] saieth that he this he this def[endant] & the s[ai]d John Bradstone did depose & procure John Marshall & Henrie Wood to com before Mr Justice Walmeslie about the tyme in the bill menconed and also procured the saied Marshall Henrie Wood & Thomas Prigge, John Dagge Henrie Hunte al[ia]s Nichollas & John Perryman at the last Assizes holden at Glouc[este]r (for that they all or most of them are & have been p[ar]ishion[er]s of Winterborne) to Witnesse the truthe of their Knowledges touchinge the Custome w[i]thin the Hamlett of Winterborne for payment of Tith haie to the parson of that parish But this def[endant] denieth that he or the s[ai]d Bradstone to this def[endant']s knowledge did procure the[m] or anie of them to falslie to depose & testifie upon their othes as is supposed by this Interr[ogatory].
To the 4. Interrog[atory] This def[endant] saieth that he hath knowne of his owne knowledge for all the tyme of his memorie that the Custome w[i]thin the Hamlett of Winterborne hath ben That every ocupier of anie yard lande should pay yerely for all Tithe hay arisinge & growing upon the s[ai]d yarde lande & for pasturage & after pasturage of barren feedinge & breeding cattell in lieu & satisfacon of the s[ai]d Tithes, six pence, and for every half yard land three pence & for everie Cottage three halfe pence & not above And so the same hath ben affirmed by the old men of that parish to have ben the Custome there tyme owt of minde And this def[endant] denieth that he hath paied unto the parson of Winterborne for the time being Tith hay in Kinde of anie of the def[endant]s meadow grounds but he this def[endant] hath given the now Comp[lainan]t Tithe haie certen grounds of this def[endant]s w[hi]ch were errable & by this def[endant] some yeres converted to and coured to be mowed, & to pasture & afterwards converted by this def[endant] againe to errable according as made required because he this def[endant] would not goe to law w[i]th the Comp[lainan]t thereabouts & not in respect of anie right that this def[endant] thought the s[ai]d Comp[lainan]t had to the same And more or otherwise he saieth not to this Interr[ogatory]
To the 5. Interrog[atory] This def[endant] saieth that he hath knowne of his owne knowledge for all the Tyme of his memorie that the Custome w[i]thin the Hamlett of Winterborne hath ben That every occupier of every yard lande should pay yerely for all Tithe hay arisinge & growing upon the s[ai]d yarde lande & for pasturage & after pasturage of barren feedinge & breedynge cattel in lieu & satisfaccon of the s[ai]d Tithes, six pence, and for every half yard land three pence & for everie Cottage three half pence & not above And so the same hath ben affirmed by the old men of that parish to have ben the Custome there tyme owt of minde And the Def[endant] denieth that he hath paied unto the Parson of Winterborne for the time being Tith hay in Kinde of anie of this def[endant]s meadow grounds but he this def[endant] hath given the now Comp[lainan]t Tieth haie of certen grounds of this def[endan]ts w[hi]ch were errable & by this def[endant] some yeres converted and laied to be meade, & to pasture & afterwards converted by the def[endant]s regaine to errable according as meade required because he this def[endant] would not goe to law w[i]th the Comp[lainan]t thereabouts & not in respect of anie right that this def[endant] thought the s[ai]d Compl[ainan]t had to the same And more or otherwise he saieth not to this Interr[ogatory]