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 at relation of Ralph Orme and Richard Goodwin.

Defendants: William Lord Cavendish, Ralph Atkinson, William Milnes, Thomas Goodwin, Nicholas Dale, William Wright, William Mournshawe, Roger Dicken and others.

Documents: depositions about the extent of the manor of High Peak in relation to Taddington, Monyash and Priestcliffe, Derbyshire, taken 23 Sept, 15 James I. A map (plot) of Taddington and Priestcliffe Commons is at MPC 1/13.

Deponents for plaintiffs:

Henry Wilkinson of Apkinwall, yeoman, age 72, whose memory goes back 50 years [to 1567], who lived in Monyash and Taddington for 40 years and left 30 years ago, deposed that while he lived there the inhabitants had right of common and turbage on the lands, but does not know what has happened since he moved away; Michael Mosley of Dronfield, husbandman, age 78, with a memory of 64 years [to 1553]; Richard Raworth of Monyash, husbandman, age 58, with a memory of 48 years [to 1569], deposed that the inhabitants and freeholders of Taddington and Monyash and their ancestors and predecessors who have estates have, until 8 or 9 years ago, had rights of common of pasture for all manner of cattle and common of herbage 'beyond the compasse of mans memorye, as he this dept hath often crediblie heard'. About 44 years ago the Countess of Shrewsbury enclosed part of the commons of Sheldon [200 acres]; William Jackson of Taddington, husbandman age 80, with a memory of 60 years and more [to 1557]; George Sheene of Nether Flagg, yeoman age 78, whose memory goes back 'always' [to 1539]; Henry Hurst of Monyash, miner age 80, who has lived in Monyash for 36 years, deposed that he and Matthew Berry 25 or 26 years ago, set a grove where old works had been 'in old tyme before but not within the memory of man'. They worked there for 12 years and paid lot and cope to Arthur Barker. [Lot: a mineral duty paid by the miner to the lord of the liberty to search for and mine ore; cope is paid by the buyer of the ore to the lord of the liberty]. The lot and cope was measured with the queen's dish 'wch was well knowne from all other being made by the queenes brason dishe at Wirrksworthe and marked with the talbot'. [Dish: measure of lead ore based on a standard brass dish]. [Barmasters who collected the lot and cope are given, including Arthur Barker, Edward Harrison, Robert Eyre, esq, Thomas Hadfield]. Arthur Dakin attended the measuring day but Thomas Hadfield took the full dish and threw it on the ground. Hadfield continued to try to collect lot and cope and attempted to impose a pre-emption on sales. He and the partners sold their shares feeling that 'they should be att libertie to sell their ore where they would'. Thomas Platts of Nether Flagg, yeoman age 82 years and more; Robert Platts of Nether Flagg, yeoman age 66; Anthony Sheldon of Taddington, husbandman age 105, whose memory goes back 'always' [to 1502]; Richard Gregory of Stoney Middleton age 54, with a memory of 26 years [to 1591], deposed that he had carried the measuring dish for Mr Arthur Barker and that George [Cavendish] Earl of Shrewsbury had first refusal of the lead ore through the Queen's field; Henry Wilgoose of Monyash, husbandman age 66, [recalls conflicts between the Duchy of Lancaster tenants and Sheldon tenants regarding common rights over the past 30 years]; Henry Newton of Monyash, husbandman age 63, deposed that he was put out of the occupation of his family lands where he 'his father and grandfather were borne, and that his said ancestors a longe tyme before him [...] and afterwards he himself held'. He now pays a rent of £5 to the Countess of Shrewsbury; Raphe Newton of Taddington, husbandman age 23, deposed that he and Robert Ashton, both servants to Raphe Orme of Taddington, were leading their master's wagon back home filled with turves taken from windmills. Diverse inhabitants of Ashford, Sheldon and Longslone, numbering around 35, some on horse and some on foot carrying staves, pikes and daggers, attacked them and took the wagon; Thomas Blackwell of Taddington age 30; Arthur Swindell of Monyash, husbandman age 64; Anne Redfearne of Nether Flagg, widow age 50, deposed that she had witnessed a conflict between John Newton 'one of the best freeholders in Taddington' and a tenant of Sheldon as she was gathering wool on the waste grounds; Henry Booth of Taddington, yeoman age 60; Arthur Dakins of Priestcliffe, yeoman age 72.

Deponents for defendants:

Richard Atkinson of Sheldon, husbandman age 63, with a memory of 50 years [to 1567], deposed that Windiwalls, Piggott's Heath and Greensall Rake were part of Ashford in his remembrance and that he had heard from his father 'that yt was reputed soe longe before his tyme'. He has known the jury of Ashford go on perambulation of the bounds 3 times, the first was 60 years ago [1557] and took in the disputed lands. The Lord of Ashford has always held the miners. He has known Arthur Barker to collect the lot and cope on behalf of the Earl of Shrewsbury as lord of the manor; Thomas Downes of Fairfield, collier age 74, with a memory of 60 years and more [to 1557], deposed that around 50 years ago as a shepherd in Sheldon he went on the perambulation of the bounds 3 times; Robert Johnson of Ashton Under Lyne in Lancashire, fustian weaver age 50; William Sheldon of Curbar, husbandman age 54, whose memory goes back 'always' [to 1563], deposed that he attended the perambulation 50 or 60 years ago; Thomas Cowper of Prestbury in Cheshire, husbandman age 44, whose memory goes back always [to 1573], deposed that by common reputation the lands in question were in Ashford; Chris Burres of Ashford, husbandman age 74, whose memory goes back 'always' [to 1543]; Michael White of Brushfield, husbandman age 55, with a memory of 40 years [to 1577], deposed that he had been a shepherd on the moors and has seen the cattle of Monyash wandering there and impounded them 'by the comandment of his maister and other the neighbors within the Lopp of Ashford'; Nicholas White of Chelmorton, yeoman age 46, with a memory of 30 years [to 1587], deposed that he was a miner 16 or 20 years ago for 4 or 5 years and had lot and cope collected by Ashford barmaster. After the death of his father 8 years ago he found the writing [now presented to him] written in two sheets and a half of page importing a perambulation of the manor of Ashford that he kept in his custody ever since that time; Edward Hayward of Bakewell, husbandman age 63, with a memory of 50 years [to 1567], rode in the perambulation 20 years ago; William Platts of Ashford, yeoman age 67, with a memory of 50 years [to 1567], deposed that the lands in question were in Ashford 'all the tyme of this deponts remembrance and by reporte tyme out of mynde of man'. He has found fault with Anthony Sheldon an old man for getting turves upon Windewalls, who would then often say 'yowe must beare wth mee I am yor neyghbor borne' [I am your neighbour born] [detailed account of the perambulation]; Robert Greaves of Stretton, husbandman age 72, whose memory goes back 'always' [to 1545]; George Hayward of Ashford, husbandman age 68, with a memory of 40 years [to 1577]; William White of Sheldon, blacksmith age 60; William Senior of Chesterfield, gent age 49 who has practised the 'arte of plottinge and other mathmaticall arts' [art of plotting and other mathematical arts] by the space of thirty years, deposed that the plot shown him was part of Ashford manor according to his best skill; Raphe James of Ashford, labourer age 50, whose memory of Ashford goes back 20 years [to 1597]; James Cawell of Ashford, thatcher age 58, with a memory of 30 years [to 1587]; Nicholas Redfearne of Wormhill, yeoman age 48.