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

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

Plaintiffs: Attorney General of the Duchy of Lancaster [at the relation of Thomas Parker].

Defendants: Sir Francis Foljambe.

Documents: depositions concerning Elton and Wirksworth, Derbyshire.

Taken 28 April, 1 Charles I.

Deponents for plaintiffs: George Cooke of Wirksworth, shoemaker, aged 65, deposed that he was the deputy bailiff under Anthony Ferne. The jurisdiction of the wapentake of Wirksworth extends into the lordship of Elton and the inhabitants of Elton have done service at the wapentake court of Wirksworth; Ephraim Ferne of Wirksworth, gentleman, aged 31, whose memory of the Elton miners goes back 16 years [to 1609], deposed that he was a deputy bailiff in the wapentake of Wirksworth and that Elton is in the Wapentake; Anthony Ferne of Wirksworth, gentleman, aged 46; John Robinson of Elton, miner, aged 82; William Robinson of Elton, husbandman, aged 74; Robert Hall of Winster, miner, aged 60; Richard Rouse of Elton, husbandman, aged 70; Thomas Greatrax of Ible, miner, aged 50, deposed that he was deputy barmaster for Mr Wendsley, then barmaster for the wapentake of Wirksworth. There was an agreement made between Sir James Foljamb and Mr Babington many years ago when Babington took over the lease of the lot and cope of the wapentake from Foljamb, that Foljamb would continue to receive it for Elton as the Foljamb's have 'great possessions and estate in the county of Derby'. [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 Buxton of Brassington, gentleman, aged 56, deposed that he was the high constable of the wapentake; Thomas Stone of Gratton, husbandman, aged 68; Robert Shawe of Bonsall, yeoman, aged 69, [refers to articles of the 1554 inquisition kept by the barmaster to be read to the 24 members of the jurors of miners by the steward of the court]; John Hopkinson of Bonsall, husbandman, aged 66; John Cadman of Winster, miner, aged 60; Peter Adams of Winster, miner, aged 70, deposed that he was driven from Elton 'by strange hand [...] by the tenants of the widowe of Mr Godfrey Foljambe' [by strange hand [...] by the tenants of the widow of Mr Godfrey Foljambe] and that the defendant has prevented all men from getting lead ore within the said land of Elton; Raphe Lawe of Winster, miner, aged 76, deposed that anarchy occurred in Elton as there was no barmaster or barmote 'neither any orders sett downe for the workeinge of the mines there [...] contrarie to all orders of the myne [...] they have sett their holes or groves neere one another' [neither any orders set down for the working of the mines there [...] contrary to all orders of the mine [...] they have set their holes or groves near one another]; William Toft of Winster, yeoman, aged 24, deposed that he had travelled to Derbyshire from London bearing an order of the Duchy court against Foljamb, when he came across Thomas Stone, a tenant of Foljamb who claimed that his master could not hold the lot and cope at Elton 'for that the House of Walton had nothinge to show for the same'.

Deponents for defendants: John Bradwell of Derby, yeoman, aged 40; John Robinson of Elton, miner, aged 4 score and 2 years [82 years], deposed that the lords of Elton have always held the mining rights. He has been a miner there for 3 score years [60 years] and in that time he has never known it to be otherwise; Henry Borough of Elton, husbandman, aged 3 score [60 years]; William Robinson of Elton, husbandman, aged 74; Francis Killhear of Elton, husbandman, aged 62; Henry Newton of Elton, yeoman, aged 55.