Interrogatories to be ministered to the witnesses to be produced sworn and examined on the party and behalf of John Catterall Esq deforciant against Thomas Somerscales Jane his wife and John Catterall an infant by the said Jane his mother his guardian and executrix.
1 Imprimis whether doe you know the p(ar)ties and def(orcian)ts in this suite And whether doe you know the Manner of Rawth(end of page) the Capitall messuage called the Newhall and xx other messuages cotages or tenements and the watercourse Mill in( ) Rawthmell in the pleadings ment(io)ned yeo or noe
2. Item whether doe you know that John Catt(e)rall one of the def(orcian)ts by this Indenture bearing date on or about the viiith day of Novemb(er) in the xith yeare of the reigne of our late Sov(er)eigne Lady queene Elizabeth di(d)? grannt to & w(i)th francis Palmer esq since deceased and to Arthure Lynley that hee woulde le( ) a ffyne of the said Mannor of Rawthmell and other his lands there unto certaine uses herein mentioned, And whether as this the same Indenture now shewed unto yowatt the tyme of yor examination and whereunto is sett Commissioners yea or noe:/
3. Item whether yo did knowe that John Catterall one of the def(orcian)ts in the pleadings named did agree to grannt unto Richard Catt(e)rall & Samuell Lambert (in the anwer named) one Annuity or charge or xx li yearly to be payable during the terme of the life of John Catterall A( ) that was the substance of the said agreem(en)t as yow have heard/
4. Item whether doe yow know that John Catt(e)rall did become bounde by his bond unto Richard Catt(e)rall and Samuell Lamb(er)t w(i)th Conditi(i)on hereupon endorsed for paying the said Annuity or rent charge; and is not their said agreement therein expressed a( ) to whose use and benefitt the said annuuity was intended to have beene paid declare yor knowledge herein and what yow can further depose
5. Item whether did yow know Henry Procter (in the answer named deceased late father of the said Jane one of Compl(ain)ants and what yearly somes of money doe yow know, or have heard Henry Prokter bequeath unto Jane his daughter for hir maintenance and p(re)ferm(en)t and how and by whome hath the same beene paid or is to be paid as you know or have declared the trusts of the premisses upon yor oath
6. Item whether doe you knw or have heard that Samuell Kinge and Nicholas Lindley (in the pl( ) named) did pay unto Jane Som(er)scales on( ) of the Compl(ainan)ts of the some of v li. and did not the said Jane in consideration hereof Joyne togeth( ) with John Catterall & Richard Cat(e)rall in the said ffyne
7. Item whether did yow know that att the tyme of the grannting of the said Annuity or rent charge by yeare, it was agreed by and betweene John Catterall & Richard Catterall that the same annuity shoulde onely remaine & be fore the onely maintenance of Richard Catterall declare your knowledge herein what yow have heard by yor oathe
8. Item whether doe yow know or have heard that Sammuel Lamb(er)t one of the said def(orcian)ts did assigne or surrender the said Annuity and his estate and interest therein to the said John Catterall one of the def(orcian)ts and is not this wryting now shewed unto yow att yor Examination whereupon the Com(misioner)s have endorsed their names, the same assignment or surrender so made by Samuell Lamb(er)t, were yow a witt( ) of sealing & delivery of the same yea or noe declare your knowledge herein
9. Item whetherr doe yow know or have heard that Richard Catterall was very undutifull and stubborne towards John Catt(e)rall his father and otherwise disordered for ? yeares before his death declare yor knowledge
10. Iten what words have you heard Richard Catterall utter concerning the debarrring of (oblit) Jane his wife from having any benefitt by the said Annuity of xx li by yeare or what have yow heard Richard Catt(e)rall say was his intent concerning the same declare yor knowledge what you heard him say that hee would have yow or any other to doe touching his grannt of the said Annuity of xx li a year
Peter Watsonn?
Catt 3 + 4
Deposit(i)ons of wittnesses taken at Gigleswicke in the county of yorke the xxiiiithe day of April?, in the yeare of the reigne of our sov(er)aigne lord king James 1623 before us Christopher Shute Clarke Henry Currer Henry Wiglesworth and Thomas Remmington gent, by vertue of his Ma(jes)t(ie)s Commission directed unto us, out of his Court of Chancery for examinat(i)on of wittnesses in a matter in a variance there depending between Thomas Sommerscale Jane his wife and John Catterall an infant, Compl(ainan)ts against John Catterall Samuell Lambert and other def(orcian)ts as followeth vizt:
Thomas Craven of Gigleswicke in the said countyInkeeper aged 55
liiiii yeares or thereabouts sworne and examined on the def(orcian)ts behalfe, deposeth as followeth:
1. To the first Interrogatory hee deposeth and saith that he knoweth all the p(ar)tiesCompl(ainants) and def(orcian)ts in the Interr(ogatory) named
2. To the seacond Interr(ogatory) hee the depon(en)t saith hee cannot depose
3. To the third Interr(ogatory) hee this deponent deposeth that he was p(re)sent in the life tyme of the said Richard Catterall about tenne yeares agoe when John Catterall the now def(orcian)te did assure unto Richard Catterall and Saml Lambert one Annuity of xx li or thereabouts to be yearly yssuing out ofdiverse? lands and tenements in Rauthmell by one deede? indented dated the sixt day of december in the xith yeare of the reigne of his ma(jes)ty 1613 for that hee was a wittnesse of the sealing and dliv(er)y of the said deede and didindorse his name as wittnesse which wryting is now shewed unto him at the tyme of his examinat(i)on and whereunto the Commissioners have Indorsed their names/.
4. 5.To the fourth and fifth Interr(ogatory) hee cannot depose:
6. To the sixt Interr(ogatory) he deposeth and saith that hee hath heard Samuell Knipe? in the Interr(ogatory) named say and confesse that Nicholas Lyndley in the Interr(ogatory) alsoe named did pay or cause to be paid unto the said Jane then wife of the said Richard Catterall the some of v li and in consideration thereof shee did acknowledge a ffyne
7. To the seaventh Interr(ogatory) hee deposeth and saith that hee can say no otherwise then hee hath said to the said Interr; but referreth himselfe to the Indenture before mentioned
8. 9. 10. To the eight nynth and tenth hee saith hee cannot depose
William Eccles of Rauwthmell in the county of Yorke aged lviii yeares or thereabouts sworne and examined/
To the first Interr(ogatory) hee saith that hee this deponent knoweth all the said p(ar)ties pl(ain)tiffs and def(orcian)ts in the Interr(ogatory) named
To the seacond Interr(ogatory) hee deposeth and saith that hee this deponent about xxiii yeares agoe did heare John Catterall the now def(orcian)t say and affirme that hee had made a Conveyance of all his lands unto S(ir) ffrancis Palmer and Arthur Lyndley and that hee did meane that Richard Catterall his
sonne nor any of his children shulde have none of his lands/
4. 7. 8. 9. To the third fourt fift sixt seaventh eight and nynth Interr(ogatory) hee cannot depose
10. To the tenth Interr(ogatory) hee deposeth and saith that hee this deponent was pr(e)sent with Richard Catterall within one hower? next before his death in one Towlers house in Setle in the county of yorke when the said Richard Catterall did declare unto this deponent his meaning concerning the Annuity of xx li. in the Interr(ogatory) ment(i)oned w(hi)ch was to this effect (vizt) That one Cicilye w(i)th whome hee had begotten a basechilde shoulde have the first x li issuing after his death in satisffaction for ix li w(hi)ch hee had spent of her goods and the next xx li yssuing after his death shulde be to the said base childe for her educat(i)on & p(re)ferment And the next vl li shoulde be to this depon(en)t hee did owe unto him for tabling wages, but this depon(en)t saith he never had any of it, and the next xxx li yssuing out of the said annuity should be to the use of Will(ia)m Banks and Alice his wife being sister to Richard Catterall (if the said annuity shoulde so long continue) And the rest of the annuity shoulde goe to Thoma(s) Gregson & his wife Jane being another sister of Richard Catterall and hee the said Richard then required this deponent to goe for one Henry Wiglesworth and to bring him to the end the same might be expressed in writing
William Banks? of huggonhouse in Rawthmell in the County of yorke yeoman aged xl yeares or thereabouts sworne and examined
To the first Interr(ogatory) hee deposeth that hee knoweth all the p(ar)ties pl(ainti)ffs and defend(en)ts in the Interr(ogatory) named
To the seacond Interr(ogatory) hee saith he (oblit) certainly depose
To the xlth Interr(ogatory) hee deposeth that on a tyme? the said Richard Catterall did show unto the dep(onen)t a wryting indented conteyning the assuring of xx li a yeare or thereabouts unto Richard Catterall and Samuel Lambert by the now dep(onen)t John Catt(e)rall and beeing the wryting now shewed unto him att the tyme of his examination and whereupon the Commissioners have indorsed their names att w(hi)ch tyme the said Richard Catterall did earnestly intreat this depon(en)t to raze out certaine words conteyned on the seacond lyne of the said Indenture that is to say (And of the wife and children of the said Richard) but this depon(en)t saith hee refused to doe And soe this depon(en)tfurther saith that Richard Catterall you said that hee this depon(e)nt might well doe it, for that there was but one p(ar)te thereof
Ellen Towler wife of Christopher Towler of Setle in the said county of yorke yeoman age xxxii yeares or thereabouts sworne and examined
1. To the first Interr(ogatory) shee the said depon(en)t knoweth all the said p(ar)ties pl(ainti)ffs & def(orcian)ts in the Interr(ogatory) named
10. To the xth? Interr(ogatory) shee saith Richard Catterall in the Interr(ogatory) named three dayes next before his death did ? in the deponents husbands house in Setle being sicke all the while was there And saith shee this dep(onen)t did heare Richard Catterall say that he purposed that his wife Jane should have none of his goods nor any benefit
Christopher Towler of Setle in the county of yorke yeoman aged liii yeares or thereabouts sworne and examined
1 To the first Interr(ogatory) hee deposeth that hee knoweth all the p(ar)ties pl(ainti)ffs and def(orcian)ts in the Interr(ogatory) named
2. 3. 4. To the seaconde ? hee saith hee cannot depose/
5. To the 5th Interr(ogatory) (obliterated) Thomas Procter brother of the said Jane (by the app(obliterated) of Henry Procter) her father in the Interr(ogatory) named) did pay yearly x li for the maintenance/
6. 7. 8. 9. To the 6th 7th 8th & 9th Interr(ogatories) hee saith hee cannot certeynly depose
To the xth hee saith that hee this deponent demanding of the said Richard Catterall one day next before his death what hee woulde bestow of his wife or children, to w(hi)ch hee made answer that hee would give nothing unto his wife or children; but saith that his base childe begotten by one Cicily shoulde have maintenance for her education out of the said Annuity and the said Richard then said that it was his mean(ing) that the same shoulde be expressed in wryting/
Mathew Procte of Rawthmell in the county of yorke yeoman aged lx yeares sworne and examined
1. To the first Interr(ogatory) (obliterated) saith that jhee knoweth all the said p(ar)ties pl(ainti)ffs and def(orcian)ts in the Interr(ogatory) named/
2 3 4 5 To the seacond third fourth and fifthe hee saith hee cannot certainly
depose
5 To the 5th Interr(ogatory) (obliterated) knoweth Thomas Procter brother of the said Jane (by the (obliterated) of Henry Procter) her father in the Interr(ogatory) named and pay yearly x li for her maintenance/
6 7 8 9 To the 6th 7th 8th & 9th Interr(ogatories) hee saith hee cannot certeynly depose
To the xth hee saith that hee this deponent demanding of the said Richard Catterall one day next before his death what hee woulde bestow of his wife or children, to w(hi)ch hee made answer tha hee would give nothing unto his wife or children; but saith that his base childe begotten by one Cicily shoulde have maintenance for her education out of the said Annuity and the said Richard then said that it was his mean(ing) that the same should be expressed in wryting/
Mathew Procter of Rawthmell in the county of yorke yeoman aged lx years sworne and examined
1. To the first Interr(ogatory) (obliterated) saith that hee knoweth all thesaid p(ar)ties pl(ainti)ffs and def(orcian)ts in the Interr(ogatory) named/
2 3 4 5 To the seacond third fourth and fifthe hee saith hee cannot certainly depose
6 To the 6th Interr(ogatory) hee saith that hee hath heard by credible report that v li was paid by Samuel? Knipe and Nicholas Lyndley? in the Interr(ogatory) named or one of them unto Jane ? of the ? Com for w(hi)ch this depon(en) hath heard) shee the said Jane did levy a ffyne to the use of Samuell Knipe and Nicholas Lindley of certaine lands in Rauth(oblit) and Richard Catterall deceased/
(obliterated) 7th 8th & 9th Interr(ogatory) hee saith hee cannot certainly
depose
To the xth Interr(ogatory) hee saith hee hath heard Richard Catterall many tymes say and affirme that (obliterated) should have nothing he coulde h(in)der? neither lands or other (obliterated) as the said Richard alledged) for that hee the said Richard (obliterated)
(obliterated) of Stubbing in the county of yorke Carpenter aged xxxxiii? years or thereabouts sworn and examined
1 To the first Interr(ogatory) hee saith hee knoweth all the said p(lain)t(iff)s and def(orcian)ts in the said Interr(ogatory) named
2 3 To the seacond and third Interr(ogatory)s hee saith hee cannot certeynly depose
4 To the 4th Interr(ogatory) hee saith hee hath heard Richard Catterall (in the Interr(ogatory) named) being brother in lawe to the to this deponent) that the annuity of xx li by yeare grannted by his father to him and Samuell Lambert made & meant to be to those of him the said Richard Catterall and to noe others
7 8 & 9 To the 5th 7th 8th & 9th hee saith hee cannot certainly depose/
10 To the xth Interr(ogatory) hee deposeth and saith that this depon(en)t hath moted? the said Richard Catterall being in want, to demand some? portion for his wives marriage goods: but he still made answeres that hee Richard neyther woulde have any of the said marriage goods nor meant that shee shoulde have any thing that was his.
William Catterall sonne of the John Catterall of Newhallin the county of yorke gentleman aged xxxii yeares or thereabouts sworne & examined
1 To the first Interr(ogatory) hee saith hee knoweth all the said p(ar)ties pl(ain)t(iff)s and def(orcian)ts in the Interr(ogatory) named
5 To the 5th Interr(ogatory) hee deposeth and saith that hee did know Henry Proctor in the Interr(ogatory) named father of the said Jane one of the now Compl(ainan)ts w(hi)ch said Henry proctor hath diverse? tymes tolde? this depon(en)t that he had e? ted? lands unto Thomas Proctor his sonne? to thend the said Thomas Procter his heires or assig(ne)s shoulde pay unto Jane his dau (crossed out) the some of Two hundreth pounds for the marriage port(i)on or to preferm(en)t And hath heard Thomas Procter confesse the like And that Thomas Procter hath for many yeares before the death of Richard Catterall and since paid one yearly annuity of x li unto the said Jane, w(h)ich was imployed wholey to her use but never any p(ar)te to those? of the Richard Catterall w(h)ich said some Thomas Procter doth yett pay (as this depon(en)t hath credibly heard) and hee knoweth hee soe to depose for that hee was servant to Thomas Procter and hath beene p? when some p(ar)tie thereof was sent unto the said Jane, And further saith that hee hath heard Thomas Procter say that if the def(orcian)t John Catterall would assure unto the said Jane xx li p(er) annum during her life, and assurall his lands unto John her sonne one other of the said Compl(ainan)ts then the said Thomas upon so doing woulde pay to John Catterall two hundreth pounds for port(i)on or dower