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

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

Plaintiffs: Attorney General of the Duchy of Lancaster [at the relation of Alsopp, Bradshawe and others].

Defendants: Sir Francis Needham.

Documents: depositions concerning the collection of lot and cope on mines in Steeple in Wirksworth, Derbyshire.

20 James I.

Deponents for plaintiffs: William Booth of Wirksworth, miner aged around 69, whose memory goes back 50 years [to 1573], deposed that he knows that Steeple was in Wirksworth because his father was constable of Wirksworth. Recalls that there are 30 articles or thereabouts which the grand jurors of the barmote have found to be the custom of the lead mine. These articles have been kept by the stewards or barmaster. He disputes the validity of other articles describing the custom of the mine as 'they were of there owne devysinge' [they were of their own devising]. When presented with a document affirming rights of free mining he deposed that he cannot read the written hand but 'the wrytinge in parchment now shewed and read unto him whereunto the commissioners hands are subscribed he knoweth to be the verie words of the fowerteenth Atricle' [the writing in parchment now showed and read unto him whereunto the commissioners hands are subscribed he knows to be the very word of the fourteenth article]. [Describes dispute regarding rates of lot and cope]. [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]; Anthony Ferne of Wirksworth, miner, aged around 69, whose memory of 'some partes of the Customes of the lead myne for the space of twenties yeares' [some parts of the customs of the lead mine for the space of the lead mine for the space of twenty years] [to 1603]; Robert Robinson of Wirksworth, miner, aged 60, whose memory of Wirksworth goes back 50 years [to 1573]; John Ferne of Hopton, gentleman, aged 53, whose memory of the laws and customs goes back 30 years, deposed that 'the priviledge thereof doth belonge to the kinges most excellente majestie for that he hath seene some matter of Recorde that induceth him so to thinke' [the privilege thereof does belong to the king's most excellent majesty for that he has seen some matter of record that induces him so to think]. The barmote was made up of the 'the best and most experte and understandinge men of the mynors' [the best and most expert and understanding men of the manors]. The 33 articles describing the rights of free mining were kept by the King's barmaster or the steward of the barmote court and also by the 24 grand jurymen 'and allso by some others of the cheife mynors whereby the customes of the mynes might the better be observed and kepte' [and also by some others of the chief miners whereby the customs of the mines might the better be observed and kept]. The role upon which the articles were written were stained by his 'majesties armes' [majesty's arms]. He took a copy to present to the 24 jurymen who held a great barmote court for the miners within the wapentake of Wirksworth. Those who oppose the miner's rights intrude upon the king's title and right to lot and cope. He denies that the miners are kept from a part of Brassington or that the king does not have lot and cope there.

Deponents for defendants: Thomas Charlesworth of Bonsall, miner, aged 87, whose memory of Steeple goes back 60 years [to 1563], deposed that he 'hath hard' [had heard] that Anthony Cadman and Thomas Bradsahwe and others attempted to work the ore in Steeple 14 years ago and soon gave up. The King's barmaster has never operated in Steeple, except for Cadman and Bradshawe's faield attempt at Bartholemew tide 13 years ago. The miners have followed or chased the rakes of the ore close to the king's hedge at Steeple but have 'there forborne to goe any further to dig or seeke oare' [there forborne to go any further to dig or seek ore] whenever miners have attempted to follow veins into Steeple Colehills, they have been restrained. Recalled that 'of Auncient tyme and beyond this Deponents memorie' [of ancient time and beyond this deponent's memory] the merchant buyer had paid cope on ore purchases to the King in Wirksworth wapentake. Until 3 score years ago [60 years] the sum was 4d per load. This was raised by Thomas Babington esquire to 6d on the pretended grounds that the miners were avoiding payment of lot and cope; Edward Bowne of Wirksworth, miner, aged 3 score years and 4 [64 years], deposed that the Dean of Lincoln Cathedral and its predecessors have kept courts baron and leet in Wirksworth called the Deans Court where copyhold tenants within and near Wirksworth attend. [Describes the jurisdicitional confusion between the Duchy of Lancaster and the Dean of Lincoln. Describes physical features of Steeple Cotehills and its boundaries]. 14 years ago a hedge on the boundary of Steeple was pulled down by Mr Curzon's workmen after the woods of Steeple were bought by Mr Raphe Blackwall; William Toplis of Alderwasley, yeoman, aged around 56, deposed that he was a servant of William Blackwall [describes the negotiations of lot and cope charged on the workmen of Wingfield digging for lead ore in Steeple]; John Abell of Bonsall, miner, aged around 55, deposed that 26 years ago he had worked for Francis Greenhough in Steeple and Thomas Mather, deputy barmaster of Earl of Shrewsbury, demanded lot and cope but Greenhough refused to pay; Robert Shaw of Bonsall, yeoman, aged around 66, deposed that around 40 years ago the barmaster to the Earl of Shrewsbury had demanded the lot and cope from Steeple but Mr William Blackwall went to Brassington and there 'shewed his lordshippe a deed or a wrytinge wch hee had for the Freedome of the said incolsed grounds from the myners' [showed his lordship a deed or a writing which he had for the freedom of the said enclosed grounds from the miners].