Short title: Attorney General of the Duchy of Lancaster v Bretland and others. Plaintiffs:...

Short title: Attorney General of the Duchy of Lancaster v Bretland and others.

Plaintiffs: Attorney General at the relation of the trustees of Queen Catherine's jointure, Philip [Stanhope] Earl of Chesterfield, Thomas Eyre and George Shawe.

Defendants: Reynold Bretland, Bradshawe, Cheetham and others.

Documents: depositions concerning High Peak, Derbyshire.

Taken in 1681.

Deponents for plaintiffs: Thomas Stephenson of Chapel Forest, yeoman, aged 68, deposed that around 40 or 50 years ago the freeholders petitioned Charles I for enclosing the Peak Forest wastes. There were previously 300 deer in the forest and now only 100 to the benefit of the inhabitants as the deer had destroyed their corn; Raph Barber of Edale, yeoman, aged 76, deposed that 69 years ago [1612] there was a 'greate snow' in which the number of deer reduced from 17 score [340] to 7 score [140]. He has known Robert Whittles was imprisoned in the Peak castle for killing deer. At the time deer were 'totally destroyed and killed by stealth for noe man durst kill them otherwise'; Thomas Lowe of Chapel-en-le-Frith, yeoman, aged 79, deposed that the great snow was 60 years ago [1621]; John Shirt of Bowdenhead, yeoman, aged 71, deposed that 'hee well remembers' his father, John Shirt and Edward Wright, were sent to London by the parish of Chapel-en-le-Frith, along with others from neighbouring parishes [recalls the men and their parish] to attend the negotiations of the enclosure agreement of 1639. The deer were gradually destroyed after the conclusion of the agreement but were not wiped out until the outbreak of war. The area has benefited from the process of enclosure; John Wright of the Peak Forest, husbandman, aged 70 years and more, deposed that the Duchy of Lancaster commissioners and the inhabitants met at Chapel-en-le-Frith to set out the King's and tenants' parts; James Tunstead of Hargate Wall, gentleman, aged 79; Timothy Radcliffe of Mellor, gentleman, aged 48; Robert Radcliffe of Mellor, husbandman, aged 74; George Shirt of Bowden Head, yeoman, aged 75 years and more.

Deponents for defendants: John Greaves of Tideswell, butcher, aged 96; William Birchinhough of Tideswell, miner, aged 63; William Cheetham of Tideswell, blacksmith, aged 60; Nicholas Creswell of Edale, yeoman, aged 75, whose memory goes back 50 years [to 1631], deposed that within the bound of the Peak Forest there were many other separate manorial jurisdictions, including Peak Forest Manor. The wastes and commons of Castleton manor are very poor and it is' farr better for the poorer sort of people' to leave them unenclosed; Nicholas Bray of Edale, husbandman, aged 78, whose memory goes back 50 years [to 1631]; John Kinder of Edale, yeoman, aged 56; William How of Edale, husbandman, aged 78, whose memory goes back 60 years [to 1621]; Robert Ridgway of Edale, yeoman, aged 60 years or more, whose memory goes back 40 years [to 1641]; John Barber of Edale, yeoman, aged 60, whose memory goes back 50 years [to 1631]; Ellis Howe of Castleton, husbandman, aged 84, whose memory goes back 'always [to 1597]; Thomas Glover of Castleton, husbandman, aged 85, whose memory goes back 'always' [to 1596], deposed that there are 41 cottages on the wastes of Castleton and that the land is poor. Castleton is 'scant of common' and the freeholders who have right of common take their animals to other commons in summer time. If the commons are enclosed the poor will suffer 'for now many of them beareing burthens of Turfes on their backes gett some livelyhood' [for now many of them, bearing burden of turfs on their backs, get some livelihood]; Thomas Thornhill of Castleton, husbandman, aged 70; John Lowe of Edale, husbandman, aged 60; Mark Furnis of Castleton, miner, aged 63, deposed that if the commons are enclosed the poor will be undone for many get a living through turbury rights and the 'keeping of a horse or cow or other small goods upon the said commons'; Richard Hague of Hargatewall, Tideswell, husbandman, aged 54; Robert Middleton of Bradwell, husbandman, aged 78; Robert Eyre of Bradwell, husbandman, aged 70 years and more; John Bradbury of Castleton, husbandman, aged 60 years and more; John Barber of Castleton, miner, aged 50 years and more; Henry Slack of Castleton, yeoman, aged 50; John Tymm of Castleton, yeoman, aged 79; James Needhan of Castleton, yeoman, aged 70; Gilbert Hawksworth of Edale, gentleman, aged 60; William Brock of Shalcross, gentleman, aged 29; John Hall of Castleton, yeoman, aged 53; John Slack of Wirksworth, gentleman, aged 33; William Cheetham of Tideswell, blacksmith, aged 60; Edward Howe of Wormhill, husbandman, aged 75, whose memory goes back 55 years [to 1626]; John Kirke of Buxton Green, Hartingdon, husbandman, aged 82, whose memory goes back 60 years [to 1621]; William Howe of Edale, husbandman, aged 78; John Downes of Chapel-en-le-Frith, yeoman, aged 50; Robert Bagshawe of Smalldale, husbandman, aged 75; Thomas Lomas of Needham Grange, yeoman, aged 57; Nicholas Lingard of Chapel-en-le-Frith, yeoman, aged 40; Richard Yeaveley of Monyash, gentleman, aged 52 years and more; Thomas Allen of Pyegreave, yeoman, aged 26; John Winterbotham of Peak Forest, miner, aged 80, whose memory goes back 60 years [to 1621]; William Winterbotham of Peak Forest, husbandman, aged 60 years and more, whose memory goes back always [to 1621]; Robert Wood of Bowden Edge, husbandman, aged 44; John Lomas of Sparrow Pitgate, husbandman, aged 50 years and more; George Ferne of Fairfield, yeoman, aged 58; John Dakin of Fairfield, husbandman, aged 40 years and more; Nicholas Younger of Ford, husbandman, aged 76, whose memory goes back 60 years [to 1621]; Rowland Swan of Fairfield, husbandman, aged 63 years and more; William Brock of Shalcross, gentleman, aged 29.