1759 Exchequer Court pleadings 

(relating to the Stafford and Benson families)

National Archives reference E 134/33Geo2/Mich12

© Crown Copyright

Transcribed by David Carter

Spelling remains largely verbatim.  
Implied letters in brackets, paragraphs, and punctuation added by the transcriber.

 

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Catalogue entry:

Date:    33 Geo 2 [1759]  
Catherine Stafford, widow, John Stafford, Robert Stafford, Thomas Stafford, Catherine Stafford, the younger, and Mary Stafford (late infants) by Robert Stafford their late father and next friend, by original bill, and the said Mary Stafford by the said Catherine Stafford her mother and next friend, by supplemental bill. v. Thomas Benson and his sons John Benson and Peter Benson, Narcissus Hatherley, and the Attorney-General.: The issue of John Benson, the elder, of Northam, in the county of Devon, merchant, and of his son Peter Benson, &c., &c. [See also 32 Geo. 2., Mich., No. 10.]: Devon  
Reference:    E 134/33Geo2/Mich12  
https://discovery.nationalarchives.gov.uk/details/r/C3716064

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This document records the examination of witnesses:  
•    Jasper Husbands, yeoman of Northam, aged 73  
•    Patience, wife of George Dennis carpenter of Bideford, aged 42  
•    Thomas Lake gentleman of Bideford, aged 50

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Document 1:

George the Second, by the Grace of God of Great Britain, France, Ireland, King Defender of the Faith &c. To our beloved John Saltren, John Hiern, William Williams the younger, & John Palmer, gen[ts] – Greeting.

Know ye that we having great confidence in your fidelity, industry and care in transacting our affairs, have appointed you, and by these presents Do give unto you, or any two or more of you, full power and authority for the Exam[inatio]n of witnesses on certain articles or interr[ogator]ys to be exhibited before you, on the part and behalf of Catherine Stafford widow, John Stafford, Rob[er]t Stafford, & Tho[ma]s Stafford, & Catherine Stafford the younger, and Mary Stafford, all late infants by Robert Stafford, their late father deceased & next friend Pl[ainti]fs; against Thomas Benson, our Attorney General and others Def[endan]ts by original bill, and also on the behalf of the said Mary Stafford an infant Pl[aintif]f ag[ains]t the s[ai]d Tho[ma]s Benson, our Atto[rney] Gen[era]l & others, Def[endan]ts by Supplemental Bill, and for taking their examinations thereon, and reducing the same in writing on parchment. And therefore we command you, that at such day and place, or days and places, which you, or any two or more of you, shall appoint for that purpose, you diligently proceed in the prem[is]es, and call the said witnesses, and cause them to appear before you, or any two or more of you, and that you carefully examine the said witnesses, & each of them separately, by him, or herself, upon the said ar[tic]les or interr[ogato]ys, on their Corporal Oaths to be taken on Gods Holy Gospels, and take their said exam[inati]ons & reduce the same in writing on parchment. And when ye shall have so taken the same, that you send the same, with the said interr[ogator]ys and this writ close sealed up under your seals, or the seals of any two or more of you, to the Barons of your Exchequer at Westminster on the sixth day of November next coming.  
Witness Sir Thomas Parker Kn[igh]t at Westm[inste]r the fourth day of July in the thirty third year of our reign [1759]. By the Barons.  
Masham.

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Document 2:

Interrogatories to be administered to witnesses, to be produced and examined in a certain cause now depending, and at issue in his Majesty's Court of Exchequer at Westminster. Whereas Catherine Stafford widow, John Stafford, Robert Stafford, Thomas Stafford, Catherine Stafford the younger and Mary Stafford, late infants under the age of twenty one years, by Robert Stafford their late Father and next Friend, by Original Bill, and the said Mary Stafford by the said Catherine Stafford her mother and next friend, by Supplemental Bill, are the Complainants; and Thomas Benson, John Benson and Peter Benson his sons, and Narcissus Hatherly, and also his Majesty's attorney General, are the Defendants On the part and behalf of the said Complainants.

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Document 3:

First - Do you know the Complainants and Defendants in the Title of these Interrogatories named, or any, of either, and which of them, and how long have you known them, or any, or either, and which of them. Declare the truth herein according to the best of your knowledge, remembrance and belief.

Second - Did you know John Benson the elder late of Northam in the County of Devon, merchant. If yea, how long, and for what time did you so know him. Is the said John Benson the elder living or dead. If dead, when did he dye. How many sons had the said John Benson the elder, and what were their names respectively according to their seniority of Birth, and what issue have such sons. Did the eldest, or any other, and which, of the said sons dye in the lifetime of the said John Benson the elder, and without, or with, and what issue. Declare all you know touching this matter to the best of your Remembrance and belief.

Third - Did you know Peter Benson, one of the sons of John Benson the elder in the preceding interrogatories named. If yea, how long, and for what time. Did you so know him. Is the said Peter Benson living or dead. If dead, when did he dye, and did he leave any, and what, issue of his body. Declare the truth herein according to the best of your knowledge, remembrance and belief.

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Document 4:

On the part of the Complainants.  
Depositions of witnesses had and taken the seventeenth day of October in the year of our Lord, one thousand seven hundred and fifty nine [1759] at the house of Henry Bowen being a publick inn, and known by the sign of of the Crown, within the Town of Bideford in the County of Devon, by vertue of a Commission Issued out of his Majestys Court of Exchequer at Westminster, to John Saltren & John Hiern, Gentlemen and others, Directed for the Examination of witnesses upon interrogatories, in a certain cause there depending, Between Catherine Stafford widow, John Stafford, Robert Stafford and Thomas Stafford, Catherine Stafford the younger, and Mary Stafford, all late infants by Robert Stafford their late father, deceased and next friend, plaintiffs; and Thomas Benson, his Majesties Attorney General and others Defendants, by Original Bill, and also between the said Mary Stafford an infant, plaintiff, and the said Thomas Benson, his Majesties Attorney General and others Defendants, by Supplemental Bill as follows.

Jasper Husbands of Northam in the County of Devon, yeoman, aged seventy three years or thereabouts, a witness produced, sworn and examined on the part and behalf of the complainants, to the first, second and third interrogatories, Deposeth and saith:

To the first interrogatory, this Deponent saith: that he hath well known all the complainants and defendants in the Title of these Interrogatories named (except his Majesties Attorney General), from the times of their respective childhoods.

To the second interrogatory, this deponent saith: that he knew John Benson the elder, late of Northam aforesaid, merchant, in this interrogatory mentioned, from this deponent’s youth, to the time of the death of the said John Benson, and saith: that the said John Benson died sometime in or about the month of July, one thousand seven hundred and thiry nine [1739], to the best of this deponants remembrance as for the time, and saith: that the said John Benson the elder had three sons, (to wit) John Benson his eldest son, Peter Benson his second son, and Thomas Benson his third and youngest son. And this deponent saith: that the said John Benson the son, died in the lifetime of the said John Benson the elder, his father, in or about the month of August, one thousand seven hundred and thirty eight [1738] (to the best of this deponents remembrance as to the time), without issue. And this deponent saith: that the said Peter Benson died without having ever been married, and without issue, in or about the month of May, one thousand seven hundred and forty three [1743], to the best of this deponents remembrance as to the time, and saith: that the said defendant, Thomas Benson, hath issue begotton on the body of Frances his now wife, two sons, (to wit) the defendants John Benson and Peter Benson, and one daughter who (as this deponent believes) are all living.

To the Third Interrogatatory, this deponent saith: that he well knew Peter Benson deceased, the second son of the said John Benson the elder, in this interrogatory mentioned, and so knew him from the time of his the said Peter Benson's youth, to his death, which happened to the best of this deponents remembrance, in or about the month of May, one thousand seven hundred and forty three [1743]. And saith: that the said Peter Benson died unmarried, and without ever having had any legal issue of his body.

Patience, the wife of George Dennis, of Bideford in the County of Devon, carpenter, aged forty two years and upwards, a witness produced, sworn and examined on the part and behalf of the Complainants to the first, second, and third interrogatories, deposeth and saith:

To the first interrogatory, this deponent saith: that she well knew all the complainants and defendants in the title of these interrogatories named (except his Majesties Attorneys Generall), and has so known them respectively, (to wit) the complainant Catherine Stafford widow for about thirty years last past, the complainants John Stafford, Robert Stafford, Thomas Stafford, Catherine Stafford the younger, and Mary Stafford, from their respective births, and the defendants Thomas Benson and Narcissus Hatherly for about thirty years last past, and the defendants John Benson and Peter Benson, sons of the same Thomas Benson from their respective brother.

To the second interrogatory, this deponant saith that she knew John Benson the elder, late of Northam in the County of Devon, merchant, deceased, in this interrogatory named, from her this deponants childhood, to the time of his death and saith: that the said John Benson survived his eldest son John Benson, and died sometime in or about the month of July, one thousand seven hundred and thirty nine [1739], to the best of this deponents remembrance as to the time. And saith: that the said John Benson the elder, and three sons, (to wit) John Benson his eldest son, Peter Benson his second son, and the defendant Thomas his third and youngest son, and saith: that the said John Benson the son, died in the lifetime of the said John Benson the elder his father, in or about the month of August, one thousand seven hundred and thirty eight [1738] (to the best of this deponent’s remembrance as to the time), without issue and saith: that the said Peter Benson the second son, died unmarried and without issue, on or about the month of May, one thousand seven hundred and forty three [1743], to the best of this deponent’s remembrance as to the time. And saith: that the said defendant Thomas Benson, hath issue begotten of the body of Frances his now wife, two sons, (to wit) the defendants, John Benson and Peter Benson, and also one daughter called Grace Benson, who as this deponent believes, are all living.

To the third interrogatory, this deponent saith: that she well knew the said Peter Benson deceased, second son of the said John Benson the elder, in this interrogatory named, and knew him for about fourteen years next before the time of his death, which happened, to the best of this deponents remembrance, in or about the month of May, one thousand seven hundred and forty three [1743], without issue of his body, and without ever having been married. And saith: that the said defendant Thomas Benson is heir at law to the said Peter Benson as this deponent apprehends.

Thomas Lake of Bideford in the County of Devon, gentleman, aged fifty years or thereabouts, a witness prodiced, sworn and examined on the part and behalf of the Complainant to the first, second, and third interrogatories, deposeth and saith:

To the first interrogatory, this deponent saith: that he has known the complainant Catherine Stafford widow, and the defendants Thomas Benson and Narcissus Hatherly, for thirty years last past and upwards, and the complainants, John Stafford, Robert Stafford, Thomas Stafford, Catherine Stafford the younger, and Mary Stafford, from their respective births, and this deponent saith: that he knows the persons of the defendants, John Benson and Peter Benson, the sons of the defendant Thomas Benson, but is not otherwise acquainted with them, neither does he know his Majesties Attorney Generall.

To the second interrogatory, this deponent saith: that he well knew and was acquainted with John Benson the elder, late of Northam in the County of Devon, merchant, deceased, in this interrogatory named, for about ten years next before his death, this deponent having been concerned for him as his attorney in some part of his law business and as clerk to him as a Justice of the Peace acting in the said County of Devon. And this deponent saith: that the said John Benson the elder, died sometime in or about the month of July, one thousand seven hundred and thirty nine [1739], to the best of this deponent’s remembrance as to the time, and saith: that the said John Benson had three sons, (to wit) John Benson his eldest son, Peter Benson his second son, and the defendant Thomas Benson his third and youngest son. And saith: that the said John Benson, the eldest son of the said John Benson the elder, died before him, without issue, at or about the month of August, one thousand seven hundred and thirty eight [1738], (to the best of this deponents remembrance as to the time), and saith: that the said Peter Benson, the second son of the said John Benson the elder, survived the said John Benson the elder, and died (to the best of this deponents remembrance as to the time) sometime in or about the May, one thousand seven hundred and forty three [1743], without issue, and without having ever been married. And saith: that the defendant Thomas Benson, hath issue two sons, (to wit) John Benson his eldest son, and Peter Benson his youngest son, but does not know that he has any other issue.

To the third interrogatory this deponent saith: that he well knew the said Peter Benson, in this interrogatory named, for more than twelve years next before his death, and saith: that he died without issue and unmarried, and that the said Thomas Benson his brother is his heir at law.

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