Short title: Attorney General of the Duchy of Lancaster v John Harpur, otherwise...

Short title: Attorney General of the Duchy of Lancaster v John Harpur, otherwise Gladwin v Harpur.

Plaintiffs: Attorney General of the Duchy of Lancaster [at the relation of Thomas Gladwin, Legh, Mundy, Ferne, Heyward and Pidcock].

Defendants: John Harpur, Burdet, Willimot or Wilmot and Dyson.

Documents: depositions concerning Milne Close Mine in Wirksworth, Derbyshire.

Taken 3 September, 1 Wm and Mary, 1689.

Deponents for plaintiffs: Robert Dam of Darley, miner, aged 39, deposed that about 30 years ago [in 1659] the mine was dug down to the water. Mr Eyre of Bradway and partners dug a sough at a higher level. 18 years ago [in 1671] the owners dug a second sough after the water level was reached again. Shortly after the death of old Sir John Harpur, grandfather to the defendant, he saw his widow walking on Darley Moor. She encountered the overseer of the mine and instructed him to collect no compensation on her behalf for mining activity on her manor of Wnesley. John Harpur is now attempting to prevent the miners from washing their ore in the mine and to make them carry it to the nearest river. This is against the custom; Richard Wildgoose of Darley, miner, aged 48; Thomas Holbrook of Wirksworth, miner, aged 50; Thomas Needham of Bonsall, miner, aged 64; George North of Wirksworth, miner, aged 47; Henry Else of Bonsall, tailor, aged 49; Thomas Naden of Carsington, miner, aged 40; Henry Ward of Wensley, miner, aged 40; Benjamin Heyward of Matlock, gentleman, aged 32; Richard Sladen of Winster, miner, aged 65; Roger Coates of Chesterfield, merchant, aged 50; Peter Barker of Darley, gentleman, aged 57; Anthony Didcock of Darley, miner, aged 30; George Ragge of Bonsall, jagger of lead ore, aged 50.

Deponents for defendants: Robert Holmes of Wensley, miner, aged 58, deposed that he has known the customs of the mine for the last 30 years. There is no custom within the wapentake of Wirksworth to sink any shaft or to make or drive and soughs or watergates under ground in or through any freehold without first making composition with the owner. The miners must wash and buddle ore on running water, if they do it on the mine they must pay composition to the freeholder. [He discusses the assessments for the Poor Law, complaining the that the assessments have increased over the last 30 years. He claims that there is an increase in the poor dependent on parish relief due to the common rights of the mines in Wirksworth]; Thomas Tarrand of Breechgate in the parish of Bonsall, miner, aged 40; Robert Adams of Wensly, miner, aged 47; Robert Belford of Wirksworth, miner, aged 50; Francis Bayley of Wirksworth, miner, aged 56; Adam Sores of Middleton, miner, aged 47; Thomas Gardner of Wirksworth, miner, aged 50, deposed that 'the Ancient Customes of the mynes used within the wapentake of Wirksworth are reduced into writeing and also printed' [the ancient customs of the mines used within the wapentake of Wirksworth are reduced into writing and also printed]. Within these customs there is a requirement that miners carry their ore to water to wash. He was a memebr of the barmote who came to give judgement in this matter. They 'gave thier verdict or opinion in writeing'; John Lees of Wirksworth, miner, aged 60; William Hill of Wirksworth, miner, aged 35; Edmund Fox of Ormford, miner, aged 37; William Poplis of Wirksworth, miner, aged 35; John Philips of Wirksworth, miner, aged 63; William Houghton of Wirksworth, miner, aged 43; John Marshall of Elton, miner, aged 58; John Wall of Wensley, miner, aged 40; William Ragge of Wensley, miner, aged 60; Thomas Eyre of Rowtor, esquire; Richard Braddon of Gratton, yeoman, aged 59; Robert Hawley of Elton, miner, aged 55; William Wall of Bridgetown near Wensley, miner, aged 40; James Deane of Winster, yeoman, aged 40; John Dakeyne of Derby, gentleman, aged 32; Richard Roughley of Wigan, Lancashire, gentleman, aged 50.