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

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

Plaintiffs: Attorney General of the Duchy of Lancaster at the relation of Richard Bray, Anthony Redferne, Humphrey Chapman, John Wilson, Thomas Heaten and Robert Morten.

Defendants: William Bennet and Hugh Hill.

Documents: depositions concerning a lead mine at Crosley Rake, Eyam, Derbyshire.

Taken 13 October, 15 James I.

Deponents for plaintiffs: Robert Hill of Cliff Yerd in Eyam, yeoman, aged 36; Robert Backhouse of Wrexham in Denbighshire, miner, aged 22; Michael Moreton of Bretton, miner, aged 22; Thomas Charlesworth of Eyam, miner, aged 30; Hugh Daniel of Eyam, miner, aged 60; John Barber of Stoney Middleton, miner, aged 40; John Swindell of Stoney Middleton, miner, aged 26; Henry Simpson of Stoney Middleton, miner, aged 37; John Gretton of Brenewood Gate, husbandman, aged 32; Raph Oldfield of Litton, miner, aged 40, [comments on what he regards as the corrupt charcter of the presentation of evidence to the court. Points to early legalism of High Peak miners]; John Dam of Eyam, barmaster, aged 70; William Needham of Stoney Middleton, husbandman, aged 80, deposed that there should only ever be 2 trials of a mine at a Barmote 'for it should be otherwise suffered the poorer sort of myners would be undone wth havenge too many Courts for want of abiliti to maintayn other suits' [for it should be otherwise suffered the poorer sort of miners would be undone with having too many courts for want of ability to maintain other suits]; Philloda Samson, wife of Thomas Samson, aged 35.

Deponents for defendants: Thomas Mosley of Foolow, husbandman, aged 45, deposed that 'there ys an ancient Custome upon the Myne' [there is an ancient custom upon the mine]; Abraham Cowper of Sheldon, yeoman, aged 48; Thomas Backhome of Foolow, miner, aged 27; Raphe Oldfield, deposed that he was asked for advcie on mining law by 2 men who were strangers who discussed the Barmote case concerning Croslowe Rake; Edward Bowman of Foolow, miner, aged 34, deposed that the miners arguing against Bennet had the legal support of Mr Bradshawe, Justice of the Peace, in the Barmote Court, whereas Bennet had no such council. Eyam's tenants have always been in the posession of the earl of Shrewsbury and the miners of Eyam have never decided to take their controversies elsewhere; Robert Moreton of Bretton [father to Robert Moreton, relator], aged 50, whose memory goes back 30 years [to 1587], deposed that Eyam was held by the Earl of Shrewsbury and that for the last 10 or 12 years there has been a barmote in Eyam. In all his remembrance there has not been enough miners to make up a jury for one manor, then the custom is to borrow miners out of an other manor in order to make up the numbers; John Sheldon of Foolow, miner, aged 50, deposed that 'he hath been acquanted with the customes used upon the mine within the manor of Eyam by the space of 20 years and with the custom of the mines in diverse other manors by the space of 30 years' [he has been acquainted with the customs used upon the mines in diverse other manors by the space of 30 years]; Martin Furniss of Foolow, yeoman, aged 30; John Mitchell of Litton, miner, aged 34, deposed that he was a member of the jury of the barmote and has known the laws of Eyam and diverse other manors within the High Peak for 16 years; John Plumstone of Bradwell, miner, aged 20; Raphe Lomas of Wardlow, miner, aged 30.