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

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

Plaintiffs: Attorney General of the Duchy of Lancaster [at the relation of Robert Flint].

Defendants: Anthony Hopkinson, Anthony Maddock, Henry Wigley senior, Henry Wigley junior, Robert Hall, John Tompson, Anthony Fogg, Robert Robinson, Edward Mellor, James Aspinall, Buntinge, Greaves, Thomas Crocock, Edward Greave, Daniel Sorocold.

Documents: depositions concerning Wirksworth and Hopton, Derbyshire.

Taken 9 September and 16 January, 15 James I.

Deponents for plaintiffs: William Higton of Eldersley, husbandman, aged 5 score [100 years], deposed that 3 score years ago [60 years] his father built a cottage on the wastes of Wirksworth and his father lived there for around 40 years and thereafter it remained occupied by others, none of whom were ever disposessed by the freeholders. The cottage was built at the at the west end of the town adjoining the town street where markets and fairs are held; Joane Bate, wife of John Bate, of Clifton, husbandman, aged around 4 score [80 years], deposed that she does not know whether Queen Elizabeth and James I are the lords of Wirksworth but she does know a cottage was erected by John Higton her father. He paid 1d per annum on it but she cannot say any more; Henry Gee of Middleton, yeoman, aged around 3 score [60 years], deposed that after John Higton's death the cottage was occupied by one Worsley and his wife, 'beinge very poor people and that the said house [...] was gone to decaye soe that a man might have driven a horse through the house in at one end and out at an other' [being very poor people and that the said house [...] was gone to decay so that a man might have driven a horse through the house in at one end and out at an other]. He has heard his father say that Wirksworth town had the cottage built for Higton. Robert Flint, the relator, leased the cottage off John Carpenter; John Marshall of Wirksworth, ironmonger, aged around 50, deposed that he heard that there are 3 manors in Wirksworth, one belongs to the king, one to the Dean of Lincoln and the third called the Holland. He was near the green near to where the cottage in question stood and there met Henry Gee and the relator and heard Gee tell Flint that Carpenter had agreed to the lease and after that saw Flint repairing the walls of the cottage. In late January 13 James I he saw many of the defendants pulling down the stones of the cottage directed by Mr Hopkinson. He did not see any blows struck. He also saw the Wigleys take away the timber for their own use; George Vicars of Wirksworth, blacksmith, aged around 47; William Flint of Wirksworth, miner, aged 28, deposed that he helped his father to repair the house. The defendants carried various weapons, Hopkinson wore a short sword. His father denounced the defendants as they pulled down his house. Hopkinson replied 'thou art a Rascall knave and soe is he that sett it thee and neither thou nor he shall have anie house there' [thou art a rascal kanve and so is he that set it there [Carpenter] and neither you nor he shall have any house there]. Hopkinson then placed his hand on his sword and said that Flint had killed his uncle and Hopkinson would have revenge, but he did not see him draw his sword; Ephraim Ferne of Hopton, gentleman, aged around 24; Robert Oates of Hopton, husbandman, aged around 45, [refers to further violence provoked by Hopkinson in which Flint seems to have been the victim] deposed that Hopkinson visited Oates' house [an alehouse] and asked for a drink; Dorothy Oates, wife of Robert Oates, of Hopton, aged around 50; Elizabeth Storer of Hopton, spinster, aged around 30; George Vicars of Wirksworth, blacksmith, aged around 46; John Hall of Ashbourne, gentleman, aged around 40, [witness to a chain of events in which Hopkinson and Mr William Deane behaved in a threatening manner to Flint in Oates' alehouse in Hopton while the commissioners were there].

Deponents for defendants: John Hews of Hopton, free mason, aged around 59, brother-in-law of relator, deposed that Flint's cottage has been replaced with a new pinfold. He never knew any to dwell in the cottage apart from Wurslowe and his wife who were beggars and lived upon the alms of the town and parish. During all the time he has known the relator Flint he has always been a troublemaker and has been involved in a number of criminal activities including the murder of one Berisford for which he was found guilty and 'had his booke', suspicion of burglary at Longstone, robbing one Alsopp's wife in the highway and breaking into a coe and stealing ore; Edmund Oates of Brassington, yeoman, aged around 80, deposed that 'for a great space' he has been deputy bailiff of Wirksworth wapentake but has never received rent on the cottage. Flint was also accused of nearly killing the Greatrex with a pikestaff; Robert Spenser of Middleton, yeoman, aged around 76; Thomas Cockaine of Hopton, yeoman, aged around 72, deposed that he does not know when the cottage was built but he has heard that it was originally constructed by the town for a pinder, who had responsibility for keeping the townfield and tending to the gates. He has also heard that one of his ancestors who lived at the Flatts gave timber to build it. One Higton used to live there and then his daughter and then the Worslowes, all of whom sometimes worked as a shoemaker and sometimes begged; John Booth of Middleton, yeoman, aged around 60, deposed that about 20 years ago he was at the Assizes at Derby where one James Padley was executed. Padley was upon the ladder before being executed and called to the deponent John Booth wishing him to commend him to all his neigjbours at Hopton and Carson wishing them to take heed of Robert Flint [the relator] 'for that the said Flint was a very vyle and badd fellow' [for that the said Flint was a very vile and bad fellow]. He further confessed that 'Flint had stollen two of Mr Fitzherberts sheepe of Tissington for wch the said Padley was then soe moved in conscience that he earnestlie desired that he might have craved forgivenesse att the said Mr Fitzherberts hands for the same fact' [Flint had stolen two of Mr Fitzherbert's sheep of Tissington for which the said Padley was then so moved in conscience that he earnestly desired that he might have craved forgiveness at the said Mr Fitzherbert's hands for the same fact].

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