Short title: Chappell v Spateman. Plaintiffs: Chapell. Defendants: Spateman, Wigley,...

Short title: Chappell v Spateman.

Plaintiffs: Chapell.

Defendants: Spateman, Wigley, Abell, Cokayne, Haslam, Younge, Cocker and Hayward.

Documents: depositions concerning tithes of lead, Matlock, Derbyshire [mnr=miner, y=years].

Deponents for plaintiffs:

Thomas Browne, Archdeacon of Derbyshire 54y, deposed that he had examined the original document produced in the High Peak hundred and Wirksworth wapentake at the Duchy of Lancaster office; Martha Harrington 52y, deposed that around 40 years ago [1635] she was present at many measuring days at Gentlewoman's Grove, at which her mother was a partner, where ore was paid to Mr Smith. This continued until litigation against Mr Smith, when the gentlewomen persuaded him to accept a smaller tithe due to the cost of the mining. Her mother and father had shared in their groves; Katherine, wife of Anthony Greatrex of Hopton husbandman 59y; William Martin of Matlock mnr 51y; Richard Mason of Elton mnr 60y; Anthony Greatrex of Hopton yeoman 50y; William Gratton of Bonsall mnr 70y; Edward Walter of Bolsover sawyer 62y; Richard Bradshawe of Atlow husbandman 40y; Anthony Bennet of Matlock mnr 43y; Richard Edge of Wirksworth mnr 70y; William Withnall of Wordburrow, Nottinghamshire yeoman 26y; Sam Butterie of Sutton Buntingdon, Derbyshire, butcher 32y; John Bullas of Matlock clerk 32y; Thomas Woodward of Matlock yeoman 62y, deposed that when Mr Smith was ill his wife took over the running of the parsonage. At that time there was a dispute between the ministers of Matlock and Bonsall as to whether a certain mine lay within their parish and Mrs Smith, he and another miner convinced the minister of Bonsall regarding the limits of the parish; Thomas Kaye of Teversall, Nottinghamshire clerk 66y; John Walker of Matlock yeoman 50y; Henry Walker of Wensley, butcher 58y; Elizabeth Flixon of Bonsall widow 57y; William Harding of Bonsall mnr 29y; Adam Knowles of Tansley, baker 82y; Henry Ragg of Matlock, smelter 43y; Edward Henstock of Matlock mnr 38y; John Steeple of Elton, barmaster 3 score and 5 [65y], deposed that he was barmaster at Elton and previously Brassington, that a book shown to him contains the 'Ancient Liberties and Customes of the Mynes', and that he has examined the original; Henry Flint of Bowood, Matlock yeoman 65y; Thomas Heywood of Tansley yeoman 52y; Henry Pidock of Matlock mnr 35y; James Rawson of Matlock mnr 55; William Cadman of Wirksworth mnr 36, Jonathan Martin of Ashover mnr 15; John Oxley of Darley yeoman 43; John Bownes of Matlock yeoman 90; Henry Lockley of Bonsall mnr 47; Anthony Mather of Bonsall mnr 62; Thomas Bowne of Matlock cooper 82; Elizabeth Lowe of Riber widow 56; Robert Tipping of Matlock mnr 60, deposed that 42 years ago he and his fellows were working in an old rake called the Cole Pitt Rake and got some ore which they concealed from Mr Smith who threatened them 'for that trespass'. He took a present and paid Mr Smith for the ore only because he was satisfied it was a customary duty having seen the Liberties and Customs of the Mine, 'which hee often Read'; Adam Flint of Matlock mnr 44; George Taylor of Matlock mnr 54; Robert Ashton of Matlock mnr 30; Elizabeth Ball widow of William Bull of Darley, sawyer 54, deposed that Roger Jackson is accused of having lied in the evidence given before the Assize Court in 1672 regarding Matlock Tithes. She was familiar with Roger Jackson and asked him why he had foresworn himself at court; he said 'pray thee hould thy tonge' and that he has money at Nesthouse that would serve to bring him home. After his death she went to the widow of Roger Jackson and asked if she had received the money from the Nesthouse to bring her husband home. She replied no and went to demand it. She was told by Alice wife of John Spencer that her husband had forsworn himself for it and that if there was so much money due then Roger Jackson owed more money to the several miners at Nesthouse than that had coming in; Robert Cliffe of Matlock, gent 51; Anthony Buxton of Matlock, husbandman 58; Anne, wife of John Walker yeoman 38, deposed that she owns a paper book recording the amount of ore produced at Nesthouse over 3 years when the ore price had been 26-28s. per load. [Load: a measure of lead ore made up of 9 dishes weighing about 5 cwt]; Sarah, wife of Henry Pidcock of Matlock mnr 27; Robert Wareing of Matlock yeoman 4 score and 11 [51], that the custom was that tithe ore was washed by the miner and the tithe proprietor gave the miners 1d per dish for having washed them [Dish: measure of lead ore based on a standard brass dish]; John Slack of Wirksworth gent 28.

Deponents for defendants:

Francis Columbell of Riber mnr 60; Henry Lacey of Matlock mnr 60; Robert Pidock of Darley mnr 54; John Wildgrove of Darley, husbandman 57; William Beard of Matlock mnr 50; George Downes of Bonsall, butcher 67; Anthony Yates of Cromford mnr 58; George Woodinis of Cromford mnr 80; Edward Roper of Cromford mnr 60; Roger Cotterill of Darley mnr 50; Edmund Ludlam of Ashover mnr 63; Anthony Ludlam of Matlock mnr 60; Thomas Ludlam of Matlock mnr 66; Anthony Chapman of Matlock mnr 38; Mary Norman of Matlock widow 58, deposed that she worked as a servant at Nesthouse for 20 years. She never knew tithe ore paid there and the only ore that was given was a gift; William Shawe of Bonsall yeoman 53; James Beastall of Wensley mnr 63, deposed that as a schoolboy he was a scholar under Mr Smith, Smith gave him a bag and told him to go to a mine and tell the miners that they must give him ore but that he could only receive the ore if it was a gift and not a tithe; Richard Else of Bonsall mnr 50 years, deposed that at times he owned some mines and at times worked for a wage in Walkers grove. His daughter 15 had a 10th part of the grove. His wife and daughter paid their portion of wages with the rest of their grovefellows; John Riggott of Ashover mnr 56; Margret Pidcock of Matlock widow 66; John Waterhouse of Ashover, husbandman 39; Nicholas Chadwick of Bonsall, barmaster 55; Peter Rawlinge of Bonsall mnr 62; William Hollingworth of Staveley, husbandman 53; William Pidcock of Matlock mnr 39; Thomas Greensmith of Bonsall mnr 42; William Abbot of Matlock mnr 38; Thomas carman of Youlgreave mnrd 52; James Clarke of Bonsall mnr 59; William Calver of Bonsall mnr 49, deposed that Mr Shelmerdine the parson came to the mine and said that he had heard they had a good grove and hoped they would give him something to which he replied 'hee knew no right hee had to any'. After that the minister showed him a paper and said it was a warrant for him to go before Colonel Sanders and Mr Barton at Derby to explain his denial but he did not do so and he never heard any more of it; John Downes of Bonsall mnr, 52; George Pidcock of Matlock Bank mnr 38; William Pidcock of Darley mnr 38; Elizabeth Adams of Matlock widow 3 score and 10 [70], deposed that she was a 'labourer imployed in draweing and chipping of oare at sevrall lead mynes' and never saw tithe ore paid; Henry Gregory of Matlock mnr 3 score and 9 [69]; Ralph Cotterill of Bakewell mnr 40, deposed that he remembers that the glebe lands and other tithes belonging to the rector of Matlock were worth £100 a year; Thomas Kirk of Matlock mnr 55; Rebecca Lee of Duffield widow 50, deposed that she has worked in various mines in Matlock, employed in shifting corven, chipping or 'serving the Fatt and sives' [vat and sieves]; Anne Woodhouse of Matlock widow 67; Anthony Adams of Wensley mnr 40 years; William Roper of Cromford yeoman 57; George Amott of Cromford mnr 44; Robert Bradle of Darley yeoman 44; Thomas Martin of Matlock mnr 48; Elizabeth widow of John Marshall of Darley mnr 45; Thomas Marple of Bonsall mnr 50 years; Thomas Parker of Matlock mnr 56; Edward Soresby of Tansley mnr 50; Richard Wilgoose of Darley mnr 35; William Ogden of Matlock mnr 40.