Short title: Attorney General of the Duchy of Lancaster v Earl of Shrewsbury and...

Short title: Attorney General of the Duchy of Lancaster v Earl of Shrewsbury and others.

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

Defendants: Gilbert [Talbot] Earl of Shrewsbury, William Danam and John Damm.

Documents: depositions concerning the collection of lot and cope at lead mines in the High Peak, Derbyshire.

Taken 2 January, 13 James I.

Deponents for plaintiffs: Martin Hallom of Bradwell, yeoman, aged 51, [explained role of Barmote court, King's dish and miners' rights], deposed that miners in the High Peak ought to have the same privileges as the miners in the wapentake of Wirksworth. [Dish measure of lead ore based on a standard brass dish, usually oblong in shape. King's Dish held between 14 and 15 Winchester pints, about 60-65lb of ore]. Adam Eyre had been in dispute with John Dam regarding the ownership of 1 and 1/2 groves of land. An order from the Duchy of Lancaster was directed to the sheriff of Derby to impanel a barmote of 24 miners to try the issue. [Writings of this court proceeding were shown to Martin Hallom during his deposition]; William Chapman of Eyam, yeoman, aged 67, whose memory goes back 50 years [to 1566], deposed that 50 years ago there were around 30 groves in Stoney Middleton and Foolow and that around 20 loads were got every year 'but who were the getters of the said leaed ore hee knoweth not' [but who were the getters of the said lead ore he knows not]; John Wilson of Eyam, yeoman, aged around 60; Anthony Wilson of Eyam, husbandman, aged around 70, deposed that William Needham had measured the ore as barmaster to the Countess of Shrewsbury around 10 years ago and that of late there are diverse meers set forth by the barmaster of Shrewsbury. Around 30 years ago an enclosure of common by the Earl of Shrewsbury was opposed by the freeholders of Eyam; George Haslam of Stoney Middleton, miner, aged around 38; William Furness of Calver, yeoman, around 80, whose memory goes back 60 years [to 1556] deposed that ‘'the myners by the custome of the mynes in all places where leade ore is gotten within the county of Derby about 35 years agoe might digge delve search subvert and turne over for the gettinge of lead ore the earth, stone and soyle in all places of whose inheritance the same were to be allowed and sette forth by the barmaister of any libty wherein lead ore might be gotten, as farre as the Charter of the myne will allow that Lott and Cope was paid to the Lord or Lords fermer of fermers of evry sevall libty where lead ore is gotten’' [the miners by the custom of the mines in all places where lead ore is gotten within the county of Derby about 35 years ago might dig, delve, search, subvert and turn over for the getting of lead ore the earth, stone and soil in all places of whose inheritance the same were to be allowed and set forth by the barmaster of any liberty wherein lead ore might be gotten, as far as the charter of the mine will allow or that lot and cope was paid to the lord of lord’s farmer or farmers of every several liberty where lead ore is gotten]. [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]; Richard Ward of Priestcliffe, husbandman; Francis Gillot of Barnes in Stoney Middleton, miner, aged around 28; John Brushfield of Hawood in Stoney Middleton, miner, aged around 40; Robert Barker of Castleton, yeoman, aged around 47; Thomas Tym of Priestcliffe, miner, aged around 50; Stephen Jackson of Taddington, shoemaker, aged around 76, deposed that Arthur Barket was the first barmaster and that he was sworn to the post 40 years ago [1576] and was generally reputed and taken to be barmaster 'throughout the whole hundred of high peak'. Thurston Allen and Anthony Tunstead both carried the dish and exercised the office of barmaster but it was not known if they had been sworn into the role; Bryan Melland of Calver, husbandman, aged around 50; Robert Rowbotham of Rowland, miner, tenant to Rowland Eyre, father of Adam Eyre; Robert Hill of Stoney Middleton, miner, aged around 36; Thomas Laongden of Hazelbadge, Stoney Middleton, miner, aged around 64, deposed that he had lived in Stoney Middleton 50 years ago and had kept the town cattle on the pastures there for 4 or 5 seasons. At that time he recalls there were only two groves in operation and no barmote or barmaster; Robert Herod of Stoney Middleton, miner, aged around 50, who had lived in Stoney Middleton for 20 years and more.

Deponents for defendants: William Chapman of Eyam, yeoman, aged around 67, whose memory goes back 56 years [to 1560] and who has known the Earl of Shrewsbury always deposed that he had received lot and cope in Stoney Middleton; Ellis Blackwall of Grindlow, husbandman, aged around 60.