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Short title: Milnes v Cherry. Plaintiffs: William Milnes, John Bullock, Adam Eyre,...

Catalogue reference: DL 4/112/13

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This record is about the Short title: Milnes v Cherry. Plaintiffs: William Milnes, John Bullock, Adam Eyre,... dating from 1669 in the series Duchy of Lancaster: Court of Duchy Chamber: Pleadings, Depositions and Examinations,.... It is held at The National Archives, Kew.

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Full description and record details

Reference

DL 4/112/13

Date

1669

Description

Short title: Milnes v Cherry.

Plaintiffs: William Milnes, John Bullock, Adam Eyre, Richard Jenkinson, John Berisford, John Calton, Robert Parkes, Thomas Statham, John Hayne, German Buxton, Anthony Wesson and William Cooper.

Defendants: William Cherry, William Dickenson, John Roberts, William Crees and Edward Wheatcroft.

Documents: depositions concerning underground workings on a shared vein in Elton, Derbyshire.

Deponents for plaintiffs: John Stone of Elton, husbandman, aged 21; Richard Ashton of Winster, miner, aged 50, deposed that the mines in question have been in operation for over 30 years; Jane Keeling, wife of Richard Keeling, of Birchall, aged 50, deposed that John Lowe began work on 'Sludge Hole' 19 years ago; Richard Robinson of Winster, miner, aged 41, deposed that he worked for Mr Hamsteed on the meers at Hagues Founder in 1662; Richard Keeling of Birchover, aged 70, deposed that Lady Grove was named after Lady Bowes who first had the grove mined 50 years ago when she attempted to drain the mine; Thomas Hawley of Winster, miner, aged 70; James Lingard of Elton, miner, aged 33; Thomas Stone of Elton, miner, aged 47, deposed that the Carrington's disputed 18 or 19 years ago with John Lowe over the ownership of the meeres at Hagues Founder; William Twigg of Youlgreave, miner, aged 50, deposed that he was a workman for Adam Eyre. The defendant's workmen drove their sough through into George Abernathy's mine, whose workmen dammed up the sough to prevent their master's mine being drowned; George Hampson of Winster, miner, aged 24; William Ball, of Middleton-by-Youlgreave, miner, aged 40, deposed that he has measured about 900 loads of ore at Lady Grove over the 3-4 years he was barmaster; John Steeple of Elton, husbandman, aged 60, deposed that he was the titheman for Elton since March 1667. The partners at Lady Grove have often measured their ore when neither he nor the barmaster have been present; Thomas Carrington of Birchover, miner, aged 49, deposed that he and his brother Richard and George have worked in the meeres at Haynes Founder for the last 23 years at 'seasonable tymes of the year' and have been in lawful possession according to the custom of the mine. The barmote jury has become involved and has inspected the mines, Haynes Founder, Lady Grove and the 4 taher meeres. They concluded that they all run along the same vein; William Walker of Birchover, miner, aged 43; William Birkstone of Snitterton, yeoman, aged 39, deposed that he was a barmaster juror who inspected the mines; John Wall of Wendsley, miner, aged 48, deposed that he inspected the mines as a barmote juror but that the jurors were prevented from going down Lady Grove; Richard Litton of Rowton, miner, aged 34; William Blunt of Elton, miner, aged 40; Robert Spenser of Rowter, miner, aged 50.

Deponents for defendants: Thomas Bradshawe of Wirksworth, miner, aged 60; John Prince of Wirksworth, miner, aged 30; James Keeling, formerly examined; John Adams of Elton, miner, aged 37; Richard Keeling, formerly examined; Matthew Wright of Middleton-by-Youlgreave, miner, aged 39, deposed that the vein in question had been worked before and are therefore not founder mines; Ralph Hayne of Elton, miner, aged 43, deposed that he has seen water running out of Lady Grove and has seen people carrying out buckets. He worked near the grove at 'Engine Pitt Meere' for 20 years; Haar Bridden of Elton, miner, aged 27: George Hawley of Elton, husbandman, aged 57; Thomas Borrowes of Elton, miner, aged 72, deposed that John Lowe told him that if Lady Grove could be drained then it would be the weathiest of the works. He remembers that Elton was not in the King's Field; William Tumley of Elton, miner, aged 60; William Ball, previously examined; Wiliam Salt of Elton, husbandman, aged 30, deposed that he married John Lane's daughter and received a 1/12th share in the Lady Grove but could not afford the charges of maintaining the drainage operations and therefore he and his widowed mother-in-law sold their shares; Thomas Carrington, formerly examined, [describes the prices he received for shares in the works over 21 years]; Roger Walker of Elton, miner, aged 32; George Carrington of Birchover, miner, aged 45; William Halley of Eccleston, miner, aged 31; George Smedley of Elton, miner, aged 48; William Hawley of Elton, miner, aged 68, deposed that as Elton was not in the King's Field 'nor any Barghmaster there, neither was any miner pmitted to work there, but by lycense of the lord of the manor' [nor any barmaster there, neither was any miner permitted to work there, but by license of the lord of the manor]; Edward Jackson of Ashford, miner, aged 47; Elizabeth, wife of Edward Jackson of Eccleshall in the parish of Youlgreave Taylor, aged 76, deposed that Lady Bowes set workmen on Lady Grove mine, which was later regarded by John Lowe as 'the apple of his eye'.

Note

This catalogue entry was created by Dr Hannah Robb and Professor Andy Wood, in a trial of the potential reuse of academic research notes, funded by the Arts and Humanities Research Council in 2017-2018

Held by
The National Archives, Kew
Legal status

Not Public Record(s)

Language

English

Closure status

Open Document, Open Description

Subjects
Topics
Manors
Marriage and divorce
Crown lands and estates
Sewerage
Publication note(s)
Andy Wood, The Politics of Social Conflict: the Peak Country, 1520-1770 (Cambridge UP, 1999)
Record URL
https://beta.nationalarchives.gov.uk/catalogue/id/C5920068/

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Series information

DL 4

Duchy of Lancaster: Court of Duchy Chamber: Pleadings, Depositions and Examinations,...

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Short title: Milnes v Cherry. Plaintiffs: William Milnes, John Bullock, Adam Eyre,...

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