Short title: Attorney General of the Duchy of Lancaster v Cavendish. Plaintiffs:...

Short title: Attorney General of the Duchy of Lancaster v Cavendish.

Plaintiffs: Attorney General of the Duchy of Lancaster, at the relation of Adam Eyre.

Defendants: Sir Charles Cavendish, John Hill, Ellis Furniss, John Wilson and Robert Bagshawe.

Documents: depositions concerning the rights to lot and cope in Great Hucklow, Derbyshire.

Taken for plaintiffs on 11 January, 13 James I [1616] and for defendants on 25 March, 13 James I [1615 ? 1616 intended?].

Deponents for plaintiffs: George Baylie of Chapel-en-le-Frith, husbandman, aged 54; Nicholas Smith of Bradwell, husbandman, aged 74, deposed that until recently the tenants of Great Hucklow, Grindlow and Litton have appeared at the court of the Duchy of Lancaster. 40 years ago there was no ore to be got at Great Hucklow 'before the coming in of sieves' and that he was the first to use the sieves; Lambert Hamon of Bakewell, miner, aged 60, deposed that there were no working groves at Great Hucklow until around 6 years after the introduction of sieves. 40 years ago the lot and cope on the mines at Great Hucklow was 'little esteemed' and the miners and other washers of lead ore had refused to give lot and cope to Thomas Ashmore, servant of Mr Wendsley. [Lot a mineral duty paid by the miner to the lord of the liberty to search for and mine ore. Cope duty paid by the buyer of the ore to the lord of the liberty]; Martin Hallom of Bradwell, yeoman, aged 51, whose memory goes back 50 years [to 1566], [gives a detailed outline of the claim to free mining using language similar to the Wirksworth laws of 1557 and recalls having seen and read a rental book]; Henry Furniss of Little Hucklow, husbandman, aged 59, whose memory goes back 54 years [to 1562], deposed that mining was reintroduced to Great Hucklow with the introduction of sieves. That the Earl of Shrewsbury appointed barmaster, bailiff and steward in the manor of High peak 'for a long tyme' [for a long time] until the bailywick and barmastership were recovered from him at law, 'as this depont hath credibly heard' [as this deponent has credibly heard]; Elizabeth Haslam of Stoney Middleton, widow tenant to Earl of Shrewsbury, aged 72, deposed that John Lee and Richard Needham were orebuyers and also collected lot and cope for the Earl of Shrewsbury and before him for the old Countess of Kent who was owner of the lordship 60 yeras ago; John Smith of Little Hucklow, yeoman, aged 74, deposed that John Hill and Henry Lowe were the 1st to dig lead at great Hucklow Rake, Stanley Moor and Hucklow Burrows 50 years ago [1566]; Thomas White of Longstone, yeoman, aged 39, whose memory goes back 28 years [to 1588], deposed that the 'said Rake is an ancient Rake' and that the lot and cope was paid to the Lords of Middleton; Thomas Barley of Hurst, esquire, aged 68; Ellis Blackwell of Grindlow, husbandman, aged 70, [lists barmasters of barmote court] deposed that inhabitants of Litton pay palfrey silver to Duchy of Lancaster; Thomas Merian of Rowland, husbandman, aged 78; John Outfield of Litton, miner, aged 66; Richard Cocker of Castleton, husbandman, aged 78; Thomas Wilcockson of the Grange, yeoman, aged 72; Matthew Furniss of Hazelbadge, yeoman, aged 55; Richard Ward of Priestcliffe, husbandman, aged 55.

Deponents for defendants: Humphrey Hodgkinson of Wormhill, husbandman, aged 83, whose memory goes back 60 years [to 1556], [recites previous Lords of Blackwell], deposed that for the last 40 years he has known lead ore to be taken from the wastes and moors; George Torr of Cowdale, yeoman, aged 74, whose memory goes back 60 years [to 1556], deposed that for the last 50 years he has known Mr Raphe Blackwell, tenant of the manor, to collect lot and cope and to maintain preemption on ore sales. [Lot a mineral duty paid by the miner to the lord of the liberty to search for and mine ore. Cope duty paid by the buyer of the ore to the lord of the liberty]. That Blackwell and its moors and commons are not in the King's Forest in all his remembrance; Roger Goodwin of Hurdlow, gentleman, aged 64, whose memory goes back 20 years to [1596], deposed that Sir Charles Cavendish owns the manor of Grindlow and 5/6ths of the manor of Great Hucklow. The other owners are Ellis Furniss and John Hill. He 'hath heard yt credibley reported by manie ancient ould men' that mining had gone on there for 'tyme out of memorie of man' [had heard it credibly reported by many ancient old men [...] time out of memory of man] deposed that Thomas Bagshawe and his ancestors have held Litton for 43 years and have always received the lot and cope; Richard James Wardlow, yeoman, aged 88, whose memory goes back 70 years [to 1646], deposed that lead ore was dug in Great Hucklow for 67 years [since 1549]; Stephen Jackson of Taddington, shoemaker, aged 78; Elizabeth Marshall, wife of Stephen, of Bradwell, yeoman, aged 80, whose memory goes back 70 years [to 1546], deposed that lead ore was dug at Great Hucklow for 70 years and that her father had been barmote master and carried the dish and took half of the lot and cope of Great Hucklow to Mr George Woodroffe, then Lord of the manor. [Dish measure of lead ore based on a standard brass dish, usually oblong in shape]; Thomas Tym of Presley, yeoman, aged 40; Emma Barber, widow of John, yeoman, of Ashop, aged 76, whose memory goes back 60 years [to 1556], lived in Great Hucklow for 40 years; John Outfield of Litton, miner, aged 66, whose memory goes back 60 years [to 1556], deposed that for the last 16 years Sir Charles Cavendish has held the lot and cope and preemption; Richard Goodwin of Taddington, yeoman, aged 55, whose memory goes back 40 years [to 1576], deposed that Blackwell was a separate manor and therefore its tenants and miners should not sue in the High Peak Duchy of Lancaster court or barmote; Henry Bagshaw of Foolow, husbandman, aged 72; Alice Boweman of Great Hucklow, spinster, aged 80, whose memory goes back 60 years [to 1556]; George Palfryman of Litton, husbandman, aged 60; Thomas Boweman of Litton, husbandman, aged 60, whose memory goes back 40 years; George Wood of Peak Forest, husbandman, aged 80, [describes the boundaries of the Kings Forest as they have been known for 40 years]; Martin Wilson of Great Hucklow, yeoman, aged 60, whose memory goes back 60 years [to 1556]; Robert Eyre of Tideswell, miner, aged 60; John Hancock of Little Longstone, husbandman, aged 78; Richard Humbleton of Blackwell, husbandman, aged 86, whose memory goes back 60 years [to 1556]; Godfrey White of Blackwell, husbandman, aged 72, whose memory goes back 60 years [to 1556]; Robert Palfreyman of Blackwell, husbandman, aged 59, whose memory goes back 40 years [to 1576]; Francis Page of Great Hucklow, husbandman, aged 50, whose memory goes back [to 1576], deposed that he had been told by 'one ould Roger Lowe' [one old Roger Lowe] that he got lead ore in Hucklow and Grindlow much more than 40 years ago; Raphe Mosley of Blackwell, husbandman, aged 40 whose memory goes back 30 years [to 1586]; William Frost of Tideswell, husbandman, aged 68, whose memory goes back 50 years [to 1566]; Richard Litton, alias Pecke of Tunstead, yeoman, aged 72, whose memory goes back 65 years [to 1551]; Christopher Clarke of Litton, yeoman, aged 77, whose memory goes back 60 years [to 1556]; William Outfield of Litton, yeoman, aged 68, whose memory goes back 60 years [to 1556].