Charles I commissioned Thomas Clayton, John Osborne, Richard Brandreth and Robert Hope commissioned to set and divide the greetings and witnesses to defend them before our Chancellor to determine the cause of the damage of land in the Duchy chamber at the Palace of Westminster between Thomas Gilbert and Thomas Hollingworth.[1]

Pleading to ascertain the truth of the matter at a time and place convenient the relator and defendants to meet and enquire this matter by oath of witnesses that can be procured. [2]

To exchange these witnesses to set the boundaries of the Manor of Spondon, the wastes and to appoint a surveyor to survey and plot the lands in person.[3]

The proceedings enclosed under your seals together with other persons and dispositions to be sewed into the ground by our Chancellor of the Duchy of Lancaster in our Duchy Chamber at the next Hallard. [4]

The relator will always give the defenders 14 days’ notice.[5]

Sealed 13 June 1633

the provisions of witnesses taken at Derby 11 September 1633 before Thomas Annieton, John Osborne, Richard Brandreth and Robert Hope (mass commission of his Highness’s court of Duchy Chambers for the examination of witnesses, Sir Edward Moseley, knight, his Attorney General of the Duchy Chamber, Thomas Gilbert, plaintiff against Thomas Hollingworth, John Carrington and other defendants .[6]

James Ollerenshaw of Spondon, yeoman aged 47 years, sworn and examined [7]

1.       He has lived in Spondon about 18 years.[8]

a)       He knows most parts of Spondon and is able to distinguish one man’s land from another.[9]

b)      He knows the extent of the manor.[10]

c)       He knows Spondon Waste.[11]

3.       Brunswood and Goodwych are both enclosed by ring hedges, bordered by a little brook.[12] In Brunswood there is one ley of common always ground between Locko Lane end and another piece of common ground called Filmark baulk and another piece of ground called Dalle Sick in Brunswood.[13] The lands lying between Brunswood and Goodwych on both sides of the brook the poor of Spondon have suffered to obtain food from the common as well as their cattle but believes this not to be common land.[14]

6.       Since he came to live at Spondon, there have been to enclosures made from Brunswood and Goodwych, one from Brunswood that John Carrington took in and the other from Goodwich taken in by Richard Taylor but does not remember how long either of them have been enclosed.[15]

31.   Henry Clark, deceased was tenant to the King’s land in Spondon, which the plaintiff credibly heard being both freeholder and tenant.[16]

32.   He is a freeholder in Spondon as owner of lands worth 10d per annum, which he bought from Richard Clark deceased.[17]

a)       He is not of any alliance or kindred of the defendants to any of his knowledge.[18]

Richard Osborne formerly sworn and examined for the defendants’ now for the plaintiffs’[19]

1.       He has known Spondon for 60 years, but now lives within the Manor.[20]

a)       He knows Spondon Waste but now knows it as King’s waste[21]

12.   Many years about Michaelmas time, Spondon Waste would lie open for most part of the winter with gaps together with Brunswood and Goodwych, but whether as common or negligence, he does not know.[22]

32.   John, servant to Thomas Hollingworth, one of the defendants’ married one of the deponent’s kinswoman but does not know any other kindred or alliance that he is to any other defendants. He has never lived in Spondon and not claim anything there.[23]

Christopher Cambell formerly sworn for the defendants’ now for the plaintiffs’[24]

12.   Spondon Waste has lain open in winter with gaps cast open by passengers until spring when they were made up again. It is a thorough fare for easement and believes that it has been kept enclosed all times of the year.[25]

32.   He is a freeholder in Spondon of a piece of meadow but claims no right of common. There is some alliance between himself and Thomas Hollingworth’s wife, one of the defendants’ but he will not express what the kindred is on oath.[26]

John Draycott of Loscoe, gent aged 72, sworn and examined.[27]

1.       He has known Spondon for 30 years.[28]

22.   He remembers John Carrington had many times served at Spondon’s manor court.[29] Thomas Hollingworth has also served there, or been immersed for his defendant when he did not appear. Him then referred to the court rolls of Spondon Manor.[30]

25.   He was deputy steward of Spondon manor under the right honourable William, late Earl of Ifenbrook for many years where he kept the courts.[31] The court rolls were written on parchment and now showed the court his own handwriting.[32]

36.   He cannot answer any more than he has done.[33]

Thomas Dawson of Spondon, freeholder and weaver in the parish of Chaddesden, aged 42, sworn and examined.[34]

2.       He knows well the arable fields in Spondon called Brook Field, and also adjoining Leys called Goodwich Leys and Brunswood Leys that he has known all the time he can remember as he was born in Spondon.[35] Goodwych Leys and Brunswood Leys have all the time he can remember until the 11 or 12 years ago used in common with Brook Field in the fallow year.[36] Brook field has been sown with corn, then after harvest the inhabitants of Spondon as well as cottages have put their cattle onto Brunswood and Goodwych Leys without any stint, in pounding or interruption until about 10 or 12 years ago.[37] William Bennet, then the servant to the Earl of Chesterfield, was the cause of the enclosure of Brunswood and Goodwych Leys by consent of the freeholders. He then stinted these Leys amongst the freeholders by the acre. Since the enclosure, the poor cottages of Spondon have been debarred of common for their cattle here.[38]

3.       The highway in Goodwych Leys from Brookfield gate to Locko Lane end is enclosed within Goodwich Leys. Because it is an ancient highway he concludes it to be common.[39] A piece of ground called Dalle Sick lies in the nether end of Brunswood Leys. In the lanes end of Dalle Sick is waste or common that no one claims that he knows of.[40] In Brunswood Leys there another piece of ground called Common Ley and a piece of ley in Goodwych to him’s knowledge until lately has been owned by the clerk keeper of Spondon.[41] In Goodwych there is a little close by Brook Ford on both sides of the brook used as common within his memory; but he believes that these are not common but heads belonging to these Leys.[42]

4.       Within his memory, the heads, belonging to several closes not used or belonging to Thomas Tomlinson, John Widowson, and Richard Knowles lay outside their closes for the plaintiff and his enclosures highway from Locko to Spondon church but later, the heads were enclosed with hedges and ditches.[43] The enclosures of the plaintiff and the highway to Spondon church go through one or two other closes, one the inheritance of Richard Knowles and the other belonging to Hibbard and Thomas Tomlinson.[44] Richard Knowles set up a gate across the highway.[45]

8.       About 30 years ago, John Norton, then a freeholder in Spondon, accompanied by the poor inhabitants of Spondon, cast open Rough Close, then in the tenure of Mr Birch, then vicar of Spondon that Mr Birch was enclosing.[46] Norton and the rest also cast open Borrowood Close, and many other pieces of ground in Spondon.[47] Many of them were later committed to prison by the Lady Stanhopes.[48] The inhabitants of Spondon have ever since, until recently, received the rents and profits from Rough Close Nook that the plaintiff now demands the rent from them.[49] Now Rough Close Nook lies open and in common.[50] Mr Birch was the longest tenant of Rough Close Nook that he can remember.[51] After Mr Birch, Richard Norton and after him…. were tenants of Rough Close Nook.[52] For many years the rents has been 20 shillings per annum.[53]

10.   He cannot answer.[54]

11.   He cannot answer.[55]

14.   He cannot answer any more than he has already. [56] There are high ways, one across the said Brunswood and Goodwych Leys that he did not know whether they were by the consent of the King or not.[57]

15.   He cannot answer any more than he has already.[58] [59] The poor people tethered their cattle on grounds lying either side of the brook from Brookfield gate to Locko Lane End.[60] He has kept horses here as have others.[61]

17.   He does not know for certain, whether Pit Hades in Brookfield is common ground.[62] He also says that the path goes through Pit Hades that contains common. The poor cottages use this land as common at commonable times.[63] Some length of Pit Hades has now been encroached upon and ploughed by those who own lands adjacent to it, but he does not know their names.[64]

20.   He has credibly heard that the churchwardens keep accounts of their receipts from rents from the common ground in Spondon.[65]

21.   Within the last 20 years there have been 17 or 18 several enclosures within Spondon made by part exchange between freeholders, or with other men but does not know whether the King consented or not.[66]

22.   The freeholders did not allow the keeping of goats or large flocks of sheep, horses or cattle on the arable fields, waste or common grounds as they formerly did to the detriment of their poor neighbours.[67]

27.   For many years the common and waste ground lay dispersed within Brunswood and Goodwych Leys are now hedged and taken in using a ring fence from other men’s land that adjoining it.[68] Brunswood and Goodwych Leys were enclosed with a ring hedge about 10 or 12 years ago.[69] Since this time, they have enjoyed this land as their own, and kept out the poor for nothing.[70] He has credibly heard when the land was first taken in they allowed the poor by aborting of their apportion of Joyst.[71]

28.   He knows Spondon Waste.[72] The Waste lies adjoining to Spondon Moor to the east and Brunswood Leys to the West, except a little pingle belonging to Eaton’s farm from which profits go to the soke of Elvaston church or the Elvaston poor.[73] The waste is now enclosed on the North and South sides with other men’s hedges for beyond his memory.[74]

30.   He has credibly heard that the one and a half acre backside to the housouauis Croft are in the tenancy or copyhold of Thomas Widdowson of Spondon.[75] There are two pieces of land in Spondon Field called Burrow Field called Hersim and Noaser gate containing about 1 acre of land.[76] Since his earliest memories, John Russell, keeper of the waste, is allowed this land by the inhabitants of Spondon for roughly 10 shillings yearly unless the fields lie fallow.[77] There are also two roods of arable land in the occupation of Gracia Taylor for which she pays 12d yearly to the churchwardens of Spondon for the town’s safe.[78] There is also a little pingle in Spondon Meadows adjoining Swes Lane called the Church Pingle worth 3 shillings 4 d. [79]£1 4 shillings is allowed to the Clerk Keeper of Spondon for his wages.[80] This pingle contains about four parts of a rood of land.[81] A small parcel of ground lying in a man’s close called the Rooke bearing hay worth 5 d, which has usually gone to the Clerk Keeper of Spondon.[82] One common ley in a close at Synder lands containing about half an acre and butting on . This is this the oul water in the occupation of John Hibbard the younger with the yearly rent of five shillings paid to the churchwardens of Spondon.[83] For the towns use, one baulk called Alytree and arable butting against Anktin hedge and the brook in the occupation of John Walker, containing about three roods or an acre.[84] A third part there, having been ploughed. The middle of this has lately been enclosed, lying in field and hedges at the yearly rent of six shillings and 8d.[85] This field is not fallowed.[86] John Walker, the Clerk Keeper, has more money for his wages.[87] there is also a piece of ground called Loxseers Piece containing about an acre lying in Burrow Field…….. And at other times 26 shillings and 8d per annum to the town’s safe.[88] He also said that all parcels of land (other than copyhold) are accounted as being used as common land by the tenants of Spondon, but he has never heard that the form were concealed lands.[89]

31.   Henry Clark, deceased was for many years tenant of two flatts of the Kings land in Spondon, now in common occupation that then had cattle as other farmers had in the common fields of Spondon.[90]

34.   It is custom on Spondon’s Waste, that two of the tenants or freeholders have gathered the King’s rent for the Waste.[91] His father, about 21 years ago, collected the waste rents, at the same time, the stint rent was for about a shilling per beast.[92] Since enclosure, the inhabitants of Spondon have halved their apportion of cattle. The stint rent is now to shillings for every beast.[93] He was appointed by his father, to receive the stinted rent according to the rote or rental.[94] I showed him his own handwriting and paid the owner Thomas Gilbert being then the King’s Valaine there for his majesties use.[95]

Robert Rowland of Chaddesden, yeoman aged 34, sworn and examined.[96]

9.       To his cost the Croft nominated in the Court Roll, he now knows, engrossed and dated 27 March 1632 were appointed and sworn by the then steward of the manor of Spondon, for allotting pieces of common land for highways in Brunswood and Goodwych Leys.[97] At this court, it was said by old men given to him. Then, after questioning, touching the highways and common grounds, not certain what he and his fellow questioners there meant, so he refers himself to their yard it comprised in the court roll showed him not now able to change his memory with its particulars.[98]

24.   The farmers on the King’s land in Chaddesden, within the manor of Spondon, have, within his memory, been owners or farmers of other lands besides the King’s and have had common without stint in the fields there, but he does not know whether this is the King’s and of not .[99]

John Johnson of Spondon, yeoman, aged 66, sworn and examined

1.       He knows for the most part, the manor of Spondon having known it for 40 years.[100] He knows Spondon Waste.[101]

10.   Being a freeholder in Spondon, he has a heard of seven beast gates in Spondon Waste but in recent times the inhabitants of divided this ground to half the stint. It was surcharged, and the same paid for every beast depastured a penny to the King for the time being.[102] He now has any lease or grant, in the form of years, in beast pastures, paid by anyone and has not heard of any other person being concerned to be part of his freehold.[103]

11.   The yearly rent that he pays to his Majesty’s bailiff for his beast gates in Spondon Waste is seven pence, paid at or about Whitsuntide yearly for the King’s use.[104] He gathers the waste rents for the pasture by agreement of the inhabitants of Spondon amongst themselves.[105]

14.   Brunswood and Goodwych Leys within his memory, lay open to arable field called Brookfield, and have been used in common by the freeholders, tenants and poor cottages with their cattle from when the harvest has been gathered until the field has been sown again with corn.[106] Recently Brunswood and Goodwych Leys have been enclosed.[107] He thinks that William Bonnit, late servant to the right honourable Earl of Chesterfield, was partly the cause of this enclosure.[108] Any inhabitants of Spondon that claim any right or interest in Goodwych and Brunswood have enclosed it.[109] To the best of his knowledge the poor cottages of Spondon, ever since enclosure, have been debarred of their common. He does not know whether it was the King or his farmer’s that benefited from these enclosures.[110] There is a highway through Brunswood and Goodwych Leys.[111] He has heard of common land lying in Brunswood.[112]

18.   Thomas Hollingworth, one of the King’s defendants, asked him what he would give towards the maintenance of this suite, he answered that he would give nothing because he had given this land to his son, so it concerned his son and not him.[113] Neither in 10th hath he contributed anything towards this suite, nor has he raised or lowered any contribution.[114]

22.   He has no answer to this question.[115]

32.   He is closer to John Taylor, one of the defendants, that lives in Spondon occupying and enjoying his freehold there as he is himself.[116]

William Coup, formerly sworn in the defendants’ part now in the plaintiffs’ part.[117]

1.       He knows the manor of thisSpondon since he has been living in Spondon for threescore years.[118]

2.       He knows the arable fields in Spondon called Brookfield, and those adjoining it called Goodwych Leys and Brunswood Leys.[119] He has known these since he can remember.[120] Brunswood and Goodwych Leys were usually eaten within Brookfield in a fallow year before they were enclosed.[121] With Brook Field they were sown with corn. After the corn was harvested the inhabitants and cottages of Spondon put their cattle on Brunswood and Goodwych Leys without any stint until they were enclosed.[122] Goodwych and Brunswood Leys were enclosed by a number of inhabitants of Spondon, but he does not know how long it has been since they were enclosed. [123]The poor cottages since enclosure have been debarred from their common on Brunswood and Goodwych Leys.[124]

15.   All the time that he remembers there has been a common baulk on Brunswood Leys where poor people have tethered and kept their animals until it was enclosed.[125] This common baulk lies in Brookfield between Goodwych and Brunswood Leys.[126] There is a common ley at Silmarsh Baulk End in Brook Field Gate.[127] As long as he can remember, the ground lying by the brook along from Brookfield Gate to Nether Locko Lane End has been used as common ground for the poor cottages to tether their animals upon, until it was enclosed but he does not know if it is common ground.[128] A piece of ground called Dalle Sick lying in Brunswood Leys has always been used as waste ground but does not know whether it is waste or not.[129] He has kept a cow on this common in summertime as others have done.[130]

17.   As long as he can remember there has been a piece of land in Brook field called Pike Hades, formerly used as common by me.[131] A great part of Pike Hades is now ploughed or encroached upon by several acres of several peoples’ of lands ends that butt upon it for 20 yards in length, but does not remember those who encroached upon Pike Hades.[132]

John Lossell of Spondon, labourer aged 50 sworn and examined.[133]

1.       He knows the manor of Spondon as he was born there and has lived there ever since.[134] He knows Spondon Waste.[135]

5.       He has kept a cow along with some cottages and other poor men of Spondon by sufferance and good will of the freeholders of Spondon on land leading from Brook Field Gate to Locko Lane End, but does not remember anyone’s name other than his own that has kept them there.[136] The cottages and other poor people of Spondon do not now put any cattle onto Brunswood or Goodwich Leys, nor have they done this for 20 years to his knowledge.[137] Further to this he does not answer.[138]

13.   One day, about three or four years ago, he did grub in Spondon Waste for 5 d for a days’ work but who set him on and paid his wages or on whose consent, he does not remember how in grubbing up thorns, he dug the soil of the waste.[139] About the same time Henry Richard did appoint Thomas Widowson and paid them either 18 d or 20 d.[140]

14.   Since he can remember until recently Brunswood Leys and Goodwych Leys have been enclosed. Only last year, have they been used and eaten with Brook Field by the poor and cottages of Spondon’s cattle when the harvest has been gathered. [141]These are now sown or kept several again.[142] Further to this he does not answer.[143]

27.   The poor have been kept out of Brunswood Leys and Goodwych Leys ever since they were enclosed.[144] These Leys are now filled with cattle but he does not know whether any allowance is given to the cottages.[145]

Henry Dickens of Spondon, labourer aged 58, sworn and examined.[146]

1.       He knows the Manor of Spondon because he was born there and has known it since childhood.[147] He knows Spondon Waste.[148]

13.   About 36 years ago, Thomas Hollingworth, John Taylor, John Carrington and Robert Moirigh and other inhabitants of Spondon that he does not remember hired him, Richard Robinson, Thomas and some others, he does not remember, to grub up thorns on the waste.[149] They grubbed up thorns there many days but does not remember how many.[150] They had five pence a day and some thorns for their wages.[151] Mainly thorns were to have been sold so that others could be paid for grubbing more thorns, but most of them were stolen and carried away before they were pulled.[152] They were forbidden to grub thorns near Moirigh’s farm, Mr Thomas Gilbert, where with him, were asked to quit by the neighbours of Spondon, they would maintain them and bad in grubbing up these thorns they were breaking up the soil of Spondon Waste.[153] About this time he and John Russell were hired by Thomas Widowson to cut down and square an oak growing on the waste to plot the passage of the brook.[154] Thomas Widowson paid 20d for their labour and he took all the remains of the tree.[155]

14.   Brunswood Leys and Goodwych Leys have been all the time he can remember until about 10 or 11 years ago, when they were enclosed, lay open to Spondon arable field, fallow Brookfield for in common for the benefit of cattle owned by freeholders, tenants and poor cottages of Spondon from when the harvest has been gathered until it had been sown again. [156] To his best remembrance, William Bennett, deceased, late servant to the Earl of Chesterfield, was the chief clause of this enclosure together with other freeholders of Spondon.[157] He had heard that Bennett then expressed himself that the poor of Spondon should not be hindered nor wronged by these enclosures, those served, should be someone’s for their cattle at the rate of five shillings a beast, but he paid nine shillings for each beast, the first or second day after they were enclosed.[158] They have been 10 shillings of these so that the poor who have no ground within the common, are hindered there he never paid.[159] Either the King or any of the farmers were consenting to such enclosures.[160] There are two ways enclosed within these enclosures.[161] One, unusual highway, by common report, used by men for away.[162] By common and credible report there is a piece of ground lying by the brook, side-shooting upon Brunswood that is common ground.[163] There is a common baulk called Sillimart baulk adjoining Brunswood Leys lying in Brookfield.[164]

27.   Brunswood Leys and Goodwych Leys were before he can remember, enclosed to the east, west and north and some part of the south with two or three small pingles.[165] When they were have belonging enclosed the inhabitants of Spondon only supplied the descent on the south part.[166] The common baulk called Sillimart baulk lies in Brookfield, intermingling amongst other men’s lands which, by common report was not common ground. In the bottom of Brunswood intermixed within but not enclosed or several.[167] The freeholders have had all the benefits of the land to themselves prior rotor keeping out all others and inhabitants of Spondon do not have any lands within Goodwich or Brunswood.[168] Further to this he does not answer.[169]

Grattan Taylor of Spondon, yeoman aged 79, sworn and examined.[170]

1.       He knows the Manor of Spondon having known it for 70 years, being born there.[171]

2.       He knows the arable field in Spondon called Brookfield.[172] He also knows the leys adjoining Brookfield called Goodwych and Brunswood Leys, having known them since he can remember.[173] All this time Goodwych Leys and Brunswood Leys have been used as common together with Brookfield in the fallow year until Brookfield has been sown with corn when it was harvested until about 12 years ago when Goodwych and Brunswood Leys were enclosed.[174] Until these enclosures, Goodwych and Brunswood Leys were used as common.[175][176]

10.   He is not tenant of Spondon Waste but is content to be a freeholder and yet he and other freeholders within Spondon that have beast gates there pay a penny a beast gate yearly.[177] Any beast gates belonging to all farmers pay the King’s bailiff 16 or 17 shillings, but him does not challenge anything on Spondon Waste by lease or grant from any man, but as a freeholder within Spondon.

12.   He has paid one penny a beast gate on Spondon Waste for 50 years.[178] For the last 10 years or so, these freeholders that have beast gates on Spondon Waste have had their stints reduced by half and now pay 2d a beast gate.[179] After Spondon Waste has been used by the freeholders and their sub-tenants. It has lain open by making gaps in hedges yearly from Markmas until Candlemas when the gaps were made up again.[180] This has happened all the time he can remember.[181] It is now kept seeded at all times of the year.[182]

20.   When he was a boy it was commonly known amongst the inhabitants of Spondon that the piece of ground in Spondon, called Deysick was given to Spondon to keep its bull, but he has not known, heard or read any evidence concerning land given to the church, town or inhabitants of Spondon.[183]

21.   He cannot be certain of the number of several closes in Spondon manor, but he thinks there are not less than 80 or 100 closes in Borrowash and Spondon.[184] All Spondon and Borrowash meadows lay open when he was a boy.[185] He has had his own occupation of two closes in Spondon that were enclosed about 60 years ago and the others about 30 years ago.[186] Many of the other enclosures have been made by exchanging land, one freeholder with another, or their tenants.[187] He does not think that these enclosures were made by consent of the King as Lord of the Manor or any of his deputies.[188]

30.   He has heard it reported that the house that Thomas Widdowson now lives is copyhold.[189] He does not know any concealed lands in the manor of Spondon.[190]

32.   He is John Taylor’s father, one of the defendants and a freeholder in Spondon but not kindred to any other defendants to his knowledge.[191]

34.   Two households eventually gather the King’s rent for Spondon Waste.[192] He has gathered this rent once or twice himself.[193] They gathered the rent by tenure.[194] For his part, he paid his rent to Mr Robert Newton, then being the late Queen’s bailiff for Spondon.[195] He does not depose any further.[196]

William Lockoe of Ilkeston, formerly sworn and examined on the defendants’ part now sworn and examined on the complainants’ part.[197]

1.       He knows most part of the Manor of Spondon.[198] He was born and brought up in Spondon until the age of 12 years old when he went to live in Dale Moor, Ilkeston, and other places four or 5 miles away from here.[199]

12.   He remembers that Brunswood Leys have lain open for the winter season.[200] He is not kindred or any alliance to any of the defendants that he knows of except John Lockoe, a freeholder of Spondon is his nephew. [201]

John Stanley of Spondon, labourer 80 years old or more, sworn and examined.[202]

1.       He knows the Manor or Lordship of Spondon being bred and born there and living there all his life time.[203]

2.       He knows well Brook field in Spondon and has known the pounds adjoining Brookfield, and also Brunswood Leys and Goodwych Leys all the time he can remember.[204] These fields remained open and unenclosed with Brookfield being fallow, all of them being used as common.[205] The fields were all sown with corn together and used as common when the corn was cut and carried away.[206] About 8 or 10 years ago these grounds were enclosed and the inhabitants of Spondon as well as the cottages did not put their cattle on Goodwych Leys and Brunswood Leys without any stint.[207][208] ….. There are about 30. [209]He has been Pinder of Spondon for 40 years so that he knows the principles to be true.[210]

3.       All the time that he can remember there were, until they were enclosed, cottages hades or ground used as common.[211] He does not believe that there was, lying in Brunswood and Goodwych Leys by the Brookside (from Brookfield gate to near Lockoe Lane end).[212] By credible means, in either Goodwych or Brunswood Leys, land which has gone to the clerk keeper of Spondon, for all towards his wages.[213] There is another piece of land in Brunswood, lying after the water side, called Dallysich, that has been used as common ground but is hades to the lands ends and two other pieces of ground of the same nature in Brookfield called Fillimarke baulk and Allesbray baulk.[214]

5.       He knows the husbandmen, cottages and other poor inhabitants of Spondon that keep their cattle upon these grounds.[215] Other people had nothing to do with Goodwych Leys and Brunswood Leys since they were enclosed.[216] Further to this, he does not answer any more.[217]

6.       All the time that he can remember, there has been 10 several closes taken in from Brunswood Leys.[218] These are: one of John Carrington’s, two of Richard Knowles, two of John Chelmswood, one of Thomas Hollingsworth’s, another of Thomas Bowes, one of Elizabeth Carrington’s, one of Richard Theacles, of Chaddesden, another of John Walker’s, and another close of Thomas Wright’s.[219] There is also a close called Rough Close Nook, formerly used as common and now is used as enclosed land for about 40 years, except one silion, one hades, and another of John Carrington’s, which of been enclosed about 12 or 16 years ago.[220]

17.   Ever since he can remember, a piece of ground called Pike fields, in Spondon Brook field, has been used as common.[221] A gate there has been ploughed away by the owners’ lands butting against it.[222] There is also a common baulk called Lousy Grave baulk, in a field that begins at Brunswood gate butting against the length of Spondon town, but he does not know where they are that ploughed Pike Hades.[223]

21.   There are above 100 closes in Spondon.[224]

26.   Some of the hedges that have been used as common, lying by the Brook field sides, lie enclosed within John Carrington’s close, some in Richard Knowle’s close some in Thomas Hollingsworth’s close, some in Thomas Bowes close, and some in Elizabeth Carrington’s close.[225] The person who enclosed Elizabeth Carrington’s close called the leaders of those who tethered their horses used as common in this close before it was enclosed.[226] After it was enclosed they were not allowed to tether their horses.[227]

28.   He knows Spondon Waste which lies to the east to Spondon Moor, to the west Brunswood Leys, and on the north and south sides land which had been enclosed before he can remember.[228]

Ralph Coope, formerly sworn on the defendants’ part now on the plaintiffs’ part.[229]

32.   He is not any kindred or has no alliance to the defendants but he does dwell in Chaddesden and although he has writes in Spondon he does not claim anything.[230]

Thomas Wright of Spondon, husbandman aged 40, sworn and examined.[231]

1.       He knows the manor of Spondon being born and brought up there.[232] He also knows Spondon Waste.[233]

2.       He knows the arable field in Spondon called Brook field well.[234] He also has known Goodwych Leys and Brunswood Leys for 30 years.[235] He says that Goodwych Leys and Brunswood Leys have, since he can remember, been common with Brook field each fallow year until it was enclosed about 12 years ago.[236] Goodwych Leys and Brunswood Leys together with Brookfield was sewn corn.[237] After harvest as being gathered in, and the inhabitants of Spondon as well as cottages, have put their cattle onto Brunswood and Goodwych Leys without any stint, impounding or interruption until they were enclosed.[238] William Bennett, deceased, was the cause of the enclosing of Brunswood and Goodwych Leys, since which time the inhabitants of Spondon have been kept from using Brunswood and Goodwych Leys.[239]

5.       He has kept and seen other cottages keep cattle upon the hades, common ground lying within Goodwich and Brunswood Leys along by the brook side, from Brookfield gate onto Locko Lane end.[240] The cottages are, of late, barred from using the common ground by the enclosing of Brunswood and Goodwych Leys together with one enclosure made by Claire Shaw and another by John Carrington.[241] He has heard by common and credible report, that the jury is at the court of Spondon manor claimed that any of the poor cottages of Spondon that put cattle onto Brunswood or Goodwich Leys should be given mercy.[242]

7.       A piece of common ground lying beyond or near Brunswood Leys, called Brunswood Rough Close Nook, that used to be in the occupation of him, is now in the occupation of Richard Knowles.[243] He rented Rough Close Nook from the town of Spondon, by their general consent, for 20 shillings per annum for a length of three or four years.[244] They were paid to the churchwardens of Spondon for the present, but in late times, they were paid to the pacey keeper and used by the rest of Spondon.[245] He farmed this close for 10 or 11 years together.[246]

8.       He now remembers, Mr Birch, late vicar of Spondon, deceased enclosed Rough Close Nook about 20 years ago.[247] The inhabitants of Spondon have received the rents from Rough Close Nook since, until two or three years ago, when this close was opened to common use.[248] Elizabeth Carrington, complainant that farmed the close before him, when he took it for the rent of 20 shillings payable to Spondon.[249] When he farmed Rough Close, he paid 10 shillings, for part of his rent to the pacey keeper, who was appointed by the inhabitants of Spondon.[250] Richard Knowles does not pay rent for this close but keeps a bastard child for this town instead.[251]

9.       He, about March, along with Francis Cockayne, General William Score, John Dockoe and others, who he does not remember, for 20 months was sworn and appointed by the Steward to mowing and setting forth the highways and other pieces of common ground in Brunswood and Goodwych Leys.[252] This information was given in evidence from referring to the court rolls now showed to him for his examination.[253]

16.   He cannot depose other than his answers to the eight preceding questions.[254]

32.   He is a freeholder and cottager in Spondon and is chosen to be juryman to John Carrington, one of the defendants.[255]

Richard Woodhouse of Spondon, basket maker, age 60 years old, sworn and examined.[256]

1.       He knows Spondon manor and has dwelt there for 40 years.[257] He knows Spondon Waste.[258]

10.   He is tenant at will to Richard Taudem of Spondon, yeoman of a messuage in Spondon and 100 acres of land where he has five stints or beast gates on Spondon Waste.[259]

11.   He pays a penny a stint or beast gate paid yearly to the complainant, Mr Gilbert as bailiff challenging the right of the King.[260] He does not conceive that he any more rent for his beast pastures other than a penny a piece for each.[261] This rent is paid yearly to the manor at Whitsuntide when they put their beasts on the Spondon Waste.[262] He has paid the same for 22 years.[263] …..in the past he was one of the waste Reeves for gathering…… from Spondon Waste and paid 17 shillings 4 d to Mr Gilbert the complainant [264]

12.   Spondon Waste was common when gaps were made in the winter months.[265] Further to this he does not answer.[266]

14.   He has not given any money towards this side in question nor has he been offered any money for work on the common baulk.[267] He does not know any that do contribute.[268]

32.   He is not of any kindred or alliance to any of the defendants.[269] He lives in Spondon and claims some interest there because of his tenancy.[270]

33.   The work or rental of Spondon Waste, now showed to him during his examination, he believes, was the same rental that was, or is used for organising it.[271]

Thomas Widdowson of Spondon, Yeoman aged 64 years, sworn and examined.[272]

1.       He knows the manor of Spondon since he was born there and has known it all the time he can remember.[273] He knows Spondon Waste.[274]

2.       He knows well the arable field in Spondon called Brook field, Goodwych Leys and Brunswood Leys that adjoin it together with all things within the manor of Spondon, having known it for 50 years.[275] Brunswood Leys and Goodwych Leys have, the time he can remember, until about 11 or 12 years ago when they were enclosed, been common together with Brookfield in the fallow year from the time the harvest has been gathered until they were sown again with corn.[276] The inhabitants of Spondon in general as well as the cottages, until the enclosures were allowed to put their cattle onto Brunswood and Goodwych Leys without any stint, impounding or interruption.[277] To his understanding, Mr William Bennett, deceased, was the chief cause of the enclosures.[278] The poor cottages of Spondon, who have always used Goodwych and Brunswood Leys, have since the enclosures been barred from using them.[279]

3.       There is a certain piece of ground, formerly common, lying in Brunswood and Goodwych Leys on either side the brook, leading from Brook field gate onto, or near, Locko Lane end, which has for 50 years, until about 12 years ago been used as common ground.[280] There are five little pingles lying near to Locko Lane end, which have common ground lying within them.[281] The names of these Pingles have been entered in the manor court for their enclosure and hired people were paid to cast them open in a limited time.[282] There is another half an acre lying in the middle of Brunswood Leys which he knows to have been used as common.[283]

5.       He did know that the cottages and other inhabitants of Spondon kept and tethered their cattle on the common ground lying within Goodrich and Brunswood Leys by the brook sides between Brookfield gate until Locko Lane end or the close in the occupation of William Drakelow.[284] Hades were used as common but really are to be used for entry to moor lands abutting it.[285] The poor inhabitants were forced to use them, as now they use in other fields.[286] He was one of the jury at the county held for the manor of Spondon in October, 20 year of the late James I reign upon penalty of £5 for land for stint in Brunswood and Goodwych Leys.[287]

6.       In recent years there have been land enclosed from Brunswood and Goodwych Leys.[288] These closes were viz: one close in the tenure of John Carrington, another in the tenure of James Olerenshaw, another in the tenure of Richard Knowles, another in the tenure of Elizabeth Carrington and another in the tenure of Thomas Bowes.[289] There are other ancient enclosures taken from Brunswood and Goodwych Leys viz: one close in the tenure of John Carrington, another in the tenure of John Noakes, three more closes in the tenure of both Richard Knowles and John Widdowson, another in the tenure of Thomas Tomlinson, another in the tenure of Gratian Taylor, another in the tenure of James Osmaston, another in the tenure of John Hildsardson.[290] This last batch of enclosures are mixed with ground within Spondon Waste.[291]

7.       There is a piece of common ground called Rough Close Nook and Rough Close on the other side of Brunswood Leys late in the occupation of Thomas Wright of Spondon.[292] Thomas Wright farmed this land for a yearly rent of 20 shillings payable to the inhabitants of Spondon.[293] Part of this rent would for peacekeeping and part for the town cross.[294] Thomas Wright held this land for many years, but he does not rent it now.[295]

8.       Mr Birch, late curate of Spondon, deceased enclosed Rough Close Nook by consent of the inhabitants about 70 years ago.[296] The inhabitants of Spondon have received the rent ever since until about the last year but one, when the enclosure was laid open and used as common.[297] This last year they have used it for the maintenance of a bastard.[298] The rent of this close is 20 shillings per annum.[299]

9.       He was one of the jury for the manor of Spondon held on 27 March 1632 when the steward set forth the highways across the common ground in Brunswood and Goodwych Leys, which accordingly took place.[300] The court roll was now shown to him where he had written at the time of his examination.[301]

10.   He holds three stints in Spondon Waste that he plays 5 d rent yearly.[302] These were amongst the lands of Mr Brecknock of Spondon, another together, in the right of his wife that he uses to pay the rent for these stints that allowed him to put his cattle on Spondon Waste.[303] He has paid these rents for the waste, along with others with dues from the manor of Spondon, who gathered this money and paid it to the King’s bailiff.[304] The last year but one, he was one of the people used for gathering the rent for the waste.[305] When he had gathered it Mr Gilbert, the complainant, refused to receive it.[306]

11.   For 60 years he paid his rent for five stints to tether his cattle for the use of the King for all time.[307] He has credibly heard that the gathering of this waste rent as being by agreement of the freeholders of Spondon amongst themselves.[308]

12.   Spondon Waste has lain open together with Spondon Moor and Brunswood Leys for many years about Michaelmas time until the Candlemas following and until about 10 or 11 years ago when Brunswood Leys was enclosed.[309] Since this time it has been kept in severalty.[310]

13.   It is three years since he, being the overseer of Spondon Waste, finding that there was a need for a bridge over the brook through Goodrich and Brunswood Leys.[311] He did use the inhabitants of Spondon to build a bridge in the churchyard and appointed William Coope and John Bossell to install the bridge on Spondon Waste which was done accordingly.[312] He paid them for falling, squaring and making the bridge 20 d.[313] About three years ago, some poor men of Spondon were asked, in the winter time to grub-up thrones from the Spondon Waste by the freeholders for their own benefit.[314] He believes that the poor men did this task for two or three days, until they were prohibited by the complainant, Mr Gilbert and since this time, none have been grubbed-up.[315] These poor men broke up the soil of the waste by this grubbing-up.[316]

14.   Brunswood Leys and Goodwych Leys ever since he can remember, have lain open to Brook field and has been used as common to feed freeholders, tenants and poor cottages cattle.[317]. This has been taking place yearly until about 11 or 12 years ago when Brunswood and Goodwych Leys were enclosed by those who have an interest in the land.[318] Since then, the poor cottages of Spondon have had no access to common.[319] He does not know whether the King has any right to farm the grounds, therefore, he does not think their consent was needed.[320] There are two or three high ways leading from Brunswood and Goodwych Leys where the inhabitants of Spondon have enclosed that he has already told this court about.[321]

15.   A piece of common ground called Dalle Sick, on or near Brunswood Leys, has since he can remember being used as common ground until about 11 or 12 years ago when it was enclosed.[322] He, together with the poor cottages and other inhabitants of Spondon have kept their cattle as much as they needed.[323] He did not answer any further to this question other than what he has already answered.[324]

17.   A piece of ground lying in Brookfield called Pike Hades has since he can remember, been used as common but he really believes, in his conscience, that Pike Hades are not common, but belong to several lands abutting to it , to which he claims no interest.[325] The greater part of the Pike Hades has been ploughed away by those that have lands abutting upon it.[326] He does not think that they have done anything wrong by ploughing up Pike Hades as this is conceived as their own land.[327] He does not answer any more to this question.[328]

18.   He was asked by John Taylor and John Carrington for commitment in time and contribution to maintaining a suit against the complainant, which he refused to do.[329] He has heard that many of the inhabitants of Spondon do contribute to this but to what extent he does not know nor does he answer any more to this question.[330]

20.   He does not answer this question.[331]

21.   He does not know how many enclosures there are in the manor of Spondon that there are many closes that have been taken-in and enclosed from Brookfield where he has enclosed part of an acre to make a watering place for his close called Wigger.[332] These enclosures in Spondon were as far as he can remember, largely taken place by exchanging lands between freeholders.[333] He does not think that the King being Lord of Spondon manor gave anyone his consent for these enclosures because it was not required.[334]

22.   Those who have enclosed their land and hold it in severalty in Spondon keep as many stints for sheep, horses or cattle in the field, waste and common ground that the poor neighbours who farm the waste.[335]

26.   He cannot answer this question other than what he has already answered in previous questions.[336]

27.    All the common or waste ground lying in Brunswood and Goodwych Leys is not enclosed from other men’s grounds but from those adjoining to them.[337] The waste ground lying by the brook now called Brookfield gate is not enclosed from Thomas Hollingsworth’s, or other men’s lands, but lies intermixed.[338] Since enclosing it with a ring hedge they have taken away many other men’s livelihood keeping cattle there.[339] He does not answer any more than he has already answered to this question.[340]

28.   He knows Spondon Waste adjoining to Spondon Moor on the east side, and Brunswood Leys on the west.[341] The waste is enclosed to its north and south with other mens’ lands.[342]

29.   He was one of the jurors, amongst others at the court held for Spondon for the late King James about April, 14 James I, when Robert Knowles, in the absence of winter fodder, harvested some ….. from the wood on Spondon Waste to feed his cattle.[343] He was tried for doing this by the inhabitants concerned with these woods.[344]

30.   He has a house in Spondon with a croft at the back-side, which is copyhold land for which he pays to the King 20 d yearly.[345] Further to this he does not answer.[346]

31.   He is copyholder, a freeholder and an inhabitant within Spondon.[347] He has appointed himself.[348] Thomas Hollingsworth, one of the defendants married his kin, freeman.[349] John Carrington, another of the defendants is consenting to him.[350]

34.   He has twice been asked to collect the rent for the town of Spondon Waste.[351] The first year he collected rent he gave 17 shillings and 6 d to Thomas Gilbert, the complainant and three shillings and 4 d for another part of the waste rent to the Earl of Chesterfield officers for the Earl’s use.[352] The last time he was the waste keeper, he would have pay 1 d rent and give it to Thomas Gilbert, the complainant, but he refused to collect it.[353] This was formally imposed and he paid three shillings 4 d to Henry Gilbert, his son, due to him by purchase from the Earl of Chesterfield who recognised this.[354] He was shown a rental note to help him remember being illiterate.[355]

Hammond Noble of Derby, gent aged 50 years, sworn and examined.[356]

30.   About the years 1629 and 1630 he was requested by Thomas Gilbert, the complainant, to keep court for the manor of Spondon and Chaddesden as steward.[357] He kept to several courts for Thomas Gilbert.[358] He was shown the court rolls written on paper at the time of his examination; one containing two sheets of paper, and the other containing seven sheets in his own hand as well as his signature.[359]

John Lockoe of Spondon called John of the Gate, yeoman aged 60 years, sworn and examined.[360]

1.       He knows the manor or Lordship of Spondon as he was born and lives there.[361] He knows Spondon Waste.[362]

2.       He knows Brookfield in Spondon and the adjoining Goodwych and Brunswood Leys, having known all the farms for 40 years.[363] All the time he can remember until they were enclosed, Brunswood and Goodwych Leys were used as common together with Brookfield in the fallow year.[364] Between when Brookfield was sown with corn and then after harvest was taken in until it was summer again.[365] The inhabitants of Spondon as well as the cottages used at these times of the year to put their cattle onto Brunswood and Goodwych Leys until they were enclosed about 10 or 12 years ago as he remembered.[366] William Bennett was the first to enclose.[367] The poor cottages there have since been debarred from any common here.[368]

5.       He has been with many of the inhabitants of Spondon, tethering and keeping cattle on the ground mentioned in the question, but he does not know whether it is common ground.[369] The poor cottages of Spondon have been excluded of using the common for keeping their cattle ever since they were enclosed.[370] He does not answer any more for this question.[371]

9.       He, amongst others, was one of a jury held at the court for the manor of Spondon in March 1632.[372] He was appointed by the then steward of the court for setting forth of highways and common ground in Brunswood and Goodwych Leys.[373] He was named in particular in the court rolls, as one of the jury, as well as others, on common ground and was able to refer to his verdict in the court rolls at the time of his examination.[374]

10.   He holds eight beast gates or stints on Spondon Waste for which she pays 1 d beast gate yearly.[375] He concedes this to be his 20th year taking up this inheritance.[376]

11.   He pays 8 d yearly about Whitsuntide for his stints on Spondon Waste.[377] This has usually been gathered by the waste keepers and paid by them for the time being to his Majesty’s bailiff of Spondon manor.[378] He has paid this rent for his stint ever since he has had his estate.[379]

12.   He has paid the stinted rent of 8 d and his son for the waste rent for 30 years.[380] Spondon Waste has many years lain open to the common called Spondon Moor and Brunswood Leys from Michaelmas until about the following Candlemas until about 12 years ago.[381] Since that time it has lain open in winter between Martinmas and Christmas.[382] The ancient way as been for it to lie open in the winter season from about Michaelmas until Candlemas.[383]

14.   Brunswood and Goodwych Leys, have since he can remember, until they were enclosed, lain open to Brookfield in Spondon when Brookfield was fallow and was used as common by the freeholders’, tenants’ and poor cottages’ cattle.[384] At other times, it was common from when the harvest has been gathered until Brookfield was sown again.[385] Brunswood and Goodwych Leys were enclosed by the inhabitants of Spondon that had land there about 12 or 14 years ago.[386] Since this time the cottages and poor of Spondon have no common to keep their cattle as they formerly would have done.[387]

17.   A piece of ground lying in Brookfield, Spondon, called Pike Hades has been used as common all the time he can remember.[388] Many poor cottages and inhabitants of Spondon have kept and tethered their cattle there.[389] A great part of Pike Hades, of late years, has been ploughed away by those who have lands adjacent to it, but he cannot name them.[390]

20.   He does not answer this question.[391]

23.   He has served at a court held for the manor of Spondon.[392] He thinks that Thomas Hollingworth and John Carrington have formerly done this service too.[393]

27.   A piece of common lying in Brunswood and Goodwych Leys, lies intermixed with other men’s lands as formerly they did and were not enclosed or several from Brunswood Leys.[394] The common ground by the brook, now called Brookfield gate is not enclosed from Thomas Hollingworth’s or anyone else’s lands, but lies intermixed with other men’s lands as it formerly did.[395] Brunswood and Goodwych Leys, together with all several pieces of waste and common ground were enclosed with a ring hedge or fence by the inhabitants of Spondon about 12 years ago.[396] Since this time the plaintiffs’ have enjoyed their enclosures and no poor have had any use of them, except for their money.[397] He does not answer any more to this question.[398]

28.   He knows Spondon Waste that, to the east, lies adjoining to Spondon Moor and Brunswood Leys to the west and to the north and south is mixed with other mens’ closes.[399]

29.   ………He was a juror amongst other at the court held for the manor of Spondon about April 1616, when Lord Knowles, in the question mentioned was tried for cutting rough bower wood from Spondon Waste to feed his cattle in winter.[400] He refers himself to the court roll that was showed to him at the time of his examination.[401]

32.   He is kindred to John Carrington, one of the defendants’ and is a freeholder and lives in Spondon.[402]

34.   To the best of his knowledge, he did not take part as the waste keeper of Spondon to collect the rent and therefore cannot answer this question.[403]

John Whiteley of Lockoe, servant to the complainant Thomas Gilbert, aged 33, sworn and examined.[404]

13.   About three years ago, he attended his master collecting rent for Spondon Waste where they found ….. vicar John Ronneth and Norton grubbing thorns upon the waste.[405] They affirmed that they were appointed to do this by Hollingworth, Carrington and Taylor.[406] In the question, they acknowledged that they were grubbing thorns for three days.[407] By grubbing thorns, they broke the soil of the waste ground and he heard his master admonish them and afterwards, ask him to stop grubbing thorns any more, which he did accordingly.[408] He did not answer any further.[409]

19.   For 12 months from about Martlemas after harvest was gathered, he was given the job of keeping 100 of Gilbert’s sheep on common ground in Goodwych and Brunswood Leys by the brook side now called Brookfield gate.[410] Here and there by keeping these sheep, the defendants’ Thomas Hollingworth, John Carrington, John Taylor and Thomas Norton took these sheep by force, driving them to Chaddesden pound where they impounded them in a dirty lane (not the usual place) and the sheep were soiled and hurt by being kept tethered in this pound.[411]

33.   The defendant, Thomas Hollingworth, is a man who, of late, has caused a lot of trouble amongst his neighbours in Spondon.[412] He thinks that the cause of these suites were raised for William Hollingworth, son of Thomas Hollingsworth, before Mr Gilbert’s sheep were impounded.[413] They told him that they would first impound them at Spondon and afterwards drive them for fixed terms so far.[414] He does not answer any further.[415]

[signed] Thomas Clayton, John Osborne, Richard Brandreth and Robert Hope.[416]

Edward Barton of Draycott, husbandmen, aged 56, sworn and examined.[417]

21.   He says that these enclosures in Spondon between Chaddesden and Tickardell were enclosed before he can remember, but there are other enclosures in Spondon in Borrowash and from Tickardell to Clstordall and also most of the closes below the road between Nottingham and Derby towards the Derwent were taken within his memory.[418] A close of Mr Brecknock’s, lying on the road from Derby to Nottingham at Borrowash was enclosed before he can remember.[419] He does not know either the number of closes enclosed before he can remember or since he can remember.[420] If he had been called upon, he could have distinguished the ancient enclosures from the latter.[421]

William Jordan of Kegworth, Leicestershire, gent aged 65, sworn and examined.[422]

35.   He has been a practised surveyor for 40 years.[423] He has been directed by the complainants’ now Commissioners’ by virtue of his highways commission directed from this noble court.[424] He began to survey Spondon, its wastes, Spondon Moor, and other parcels and limits in September 1632 until 24 October 1632 and made into a map which was shown to the relator, Mr Gilbert.[425] He asked the inhabitants of Spondon twice to show him the boundaries of Spondon but none of them came to assist him.[426] Mr Gilbert himself rode with him and showed him the fields, wastes, commons and boundaries of Spondon, but was not with him when he measured any part of Spondon.[427] He was assisted in surveying and measuring of Spondon by the plaintiffs’ Richard Vallons, Robbie Sadler, Francis Bott and Philip Gilbert.[428] The map was presented to the Commissioners.[429] It was measured by him to his best judgement and skill partly by chaining and the rest by pacing, but he was interrupted by William Hollingsworth and Francis Brecknock of Spondon.[430] This way he measured by chain Spondon Moor, Spondon Waste, Brunswood Leys and Brunswood closes, Goodwych Leys and Goodwych closes and the circumference of Brookfield.[431] He measured Brookfield closes, the field next to Derby and the field next to Borrowash by verae and pacing only so he cannot be absolutely exact with his judgement and skill sussing-out the limits and bounds and numbers of closes contained in them.[432] In the course of making this map and survey he has dealt plainly and squarely, to the best of his knowledge, according to the map enclosed and subscribed by the commissioners’ which he humbly prays he can favour this honourable court by preparing the case as has been accustomed before.[433]

[signed] Thomas Clayton, Joseph Osborne, and Richard Brandreth.[434]

Interrogatories to be administered to witnesses to be produced on the and part and behalf of Sir Edward Mosely knight his Majesties Attorney General of his highness Duchy of Lancaster, by or Relation of Thomas Gilbert Esquires Complainant[435]

Against Thomas Hollingsworth John Carrington John Taylor Thomas Norton and other defendants[436]

1.       Do you know Spondon in Derbyshire?[437]

a)       How long have you known or dwelt in Spondon?[438]

b)      Do you know a parcel of ground called the Kings Waste or Spondon Waste?[439]

2.       Do you know an arable field in Spondon called Goodwich Leys or Brunswood Leys?[440]

a)       How long have you known the same or any of them?[441]

b)      How long have Brunswood Leys and Goodwich Leys been in common with Brook field in the fallow year?[442]

c)       After Brook Field has been harvested of its corn have the Inhabitants of Spondon and the Cottagers put their cattle into Brunswood and Goodwich Leys without any impounding or interruption until about ten or twelve years ago when the said Leys were inclosed?[443]

d)      Who inclosed or caused the said Leys to be inclosed?[444]

e)      Have the Cottiers been ever since inclosing been barred and kept from the use of the common?[445]

3.       Are there some pieces of common or Waste ground inclosed lying in Brunswood and Goodwich Leys lying by the Brook side that leads from the Brookfield Gate or Brook Ford towards Locko Lane End?[446]

a)       What other pieces of common or Waste ground are there on Brunswood and Goodwich Leys do you know? [447]

b)      Name the particular places and names of such common ground there?[448]

4.       Do some of the inhabitants of Spondon and who stopped-up and Inclosed with hedges and ditches the ancient Church highway leading over Goodwich Leys that the plaintiff and his ancestors have used for all time from his house at Locko to Spondon Church?[449]

a)       Have they likewise inclosed into their several closes some of the common ground at the Brook Side?[450]

b)      Who now hold the same grounds and any at is the Exbush through![451]

5.       Have you kept or seen cattle kept by Cottiers and other poor men on the common being in Goodwich and Brunswood lying by the Brook Side from the place called Brook Field Gate leading to or near Locko Lane End or the close now in the occupation of William Drakelow?[452]

a)       Name what cottiers and how many poor people you have seen keep their kin on the said common ground [453]

b)      Are the poor Cottiers now barred from eating the common and by whom?[454]

c)       Is there a punishment made by the Jurors that a court held for the Manor of Spondon, so that poor Cottiers and those that have no lands in Goodwich and Brunswood should be subjected to if they put any cattle there and how poor the Jurors that sth such said payer?[455]

6.       How many closes are there now Inclosed or kept in severalty on Brunswood and Goodwich Leys?[456]

a)       How long have they been Inclosed and by whom?[457]

b)      Who now hold the closes?[458]

7.       Is there a piece of common ground lying in Brunswood Leys called Rough Close Nook or lying at the Rough Close Nook End lately in the occupation of Thomas Wright of Spondon? [459]

a)       From whom did he take the same or what yearly rent did he pay for the same?[460]

b)      Did he pay rent to the Inhabitants of Spondon or for their use and to what use, and by their appointment?[461]

c)       How long did he hold this close?[462]

8.       Did the Inhabitants of Spondon or someone of their appointment or procurement Inclose the close called the Rough Close Nook above twenty years ago?[463]

a)       Have they or some by their appointment for them received the rents and profits of the close ever since; until about two or three years ago that the plaintiff demanded the rent for the close?[464]

b)      Have the Inhabitants since the plaintiff demanded the rent; let the close lye open and be eaten in Common?[465]

c)       How long is it since the close was first Inclosed?[466]

d)      Who were the tenants there before Thomas Wright occupied the same?[467]

e)      What rents for the use of the town of Spondon or the close pay fifteen shillings (being part of the Rent of the close) to the peace keeper of the fields of Spondon?[468]

f)        By whose appointment did you pay the same?[469]

9.       Were you among others and where by name empanelled in a Jury at a court held for the Manor of Spondon 27th March 1632, appointed by the steward of the Manor of Spondon for the setting forth of high ways and other pieces of common ground on Brunswood and Goodwich Leys?[470]

a)       What are the names of the several parcels of common ground there that were then given in evidence to you and the rest of the Jury, upon oath?[471]

b)      Is this verdict now showed to you; the verdict you then found upon such your evidence?[472]

10.   Are you tenant of a parcel of ground called the Waste or Spondon Waste or the King’s Waste in Spondon or any part thereof?[473]

a)       How much, and what rent was paid or you paid yearly for the same?[474]

b)      What lease or term of years, or grant have you in the same?[475]

c)       Who made the lease term or grant?[476]

11.   What is the yearly rent which you pay for the King’s Waste?[477]

a)       What times or fines or days in the year is your rent due to be paid by your lease or grant?[478]

b)      Do you pay or have you paid the same rent to the King or his Bailiff of the Manor of Spondon for his use at the times accordingly as it ought to be paid?[479]

c)       How many years have you paid the same rent xxerst the twiheall lasgue?[480]

d)      Did the king or his Bailiff appoint you to gather the same?[481]

12.   Have you paid the rent for the King’s Waste for twenty thirty or forty years which you now pay?[482]

a)       Has the waste lain open to the Common called Spondon Moor and Brunswood Leys many years about Michaelmas time and most part of winter till now of late years?[483]

b)      How long is it since it lay open in winter?[484]

c)       How many years have you known the Waste to have been kept in several all the year?[485]

13.   Did Thomas Hollingworth John Carrington and John Taylor (three of the defendants) or any of them about two or three years ago bid hire, or agree with you to grub up thorns in the Waste, or which of them, or who did bid or agree with you so to do?[486]

a)       How many days or how long time did you so grub thorns in the Wastes and what wages or money had you for the same?[487]

b)      Who by name paid you the same wages?[488]

c)       Did you break up the soil of the said Waste by grubbing till you were forbidden by the plaintiff or his servants?[489]

d)      Who did grub thorns then here with you?[490]

e)      Did you about the said time cut fell down and square the great oak then growing in the said Waste?[491]

f)        Who did then help you to cut the same tree?[492]

g)       Did you receive twenty pence for cutting and squaring the oak?[493]

h)      Who hired you so-to-do?[494]

i)        Who paid you the money for that labour, and where have the thorns been grubbed from?[495]

14.   Have Brunswood Leys and Goodwich Leys lain open to the arable field called Brook Field in Spondon and been used and eaten in common (by cattle of the freeholders, tenants, and poor cottiers) as long as you can remember with the said field when harvest had been Inned (till the same had been sown with corn and laid several again until about ten or eleven years ago?[496]

a)       Who did Inclose Brunswood and Goodwich from the Brookfield Leys?[497]

b)      When was it inclosed?[498]

c)       Have the poor cottiers been ever since hindered and barred from the use of the common ground there, which they had before such Inclosure?[499]

d)      Did the King or his farmer or any for him give consent to Inclose the same?[500]

e)      Are there two or three high ways going over the Brunswood and Goodwich Leys which the Inhabitants of Spondon have Inclosed within the same?[501]

f)        Likewise many pieces of waste ground within the same?[502]

15.   Are there many pieces of common waste and common pieces of grounds Inclosed within the Brunswood and Goodwich Leys by the Inhabitants of Spondon where poor cottiers have formerly, as long as you remember, used to tether their kin, till about ten or eleven years ago when it was inclosed?[503]

a)       Name the pieces of Waste common ground or describe them how and where they lie?[504]

b)      Has that ground lying by the brook along or in a place now called the Brook Field Gate to or very not near to nether Locko Lane End been accounted and used as Waste common for the poor cottiers to tie their kin upon, for as long as you remember till it was inclosed?[505]

c)       Has a piece of ground Dallisitch lying in Brunswood Leys borne likewise accounted and used as waste or common ground?[506]

d)      Have you kept or tied one cow on the common pieces in the summer time and seen many other poor people likewise do so?[507]

16.   Do you know a piece of ground called the Rough Close Nook now Inclosed (lying next to a Wood of the plaintiff’s) in the occupation of Mr John Byrch late Vicar of Spondon deceased and since his death in the occupation of Thomas Wright of Spondon?[508]

a)       What yearly Rent did Mr Byrch and Thomas Wright or other of them pay the same to the constables of Spondon for their times being or to whom also and to whose use did they pay the same?[509]

b)      Was the ground called Rough Close Nook a parcel of Brunswood as before it was inclosed?[510]

c)       Who has or does since said ground?[511]

17.   Is a piece of ground lying in Brook field of Spondon called Pike hades common ground?[512]

a)       Have many such people and cottiers fed to brethren or eat the same with their cattle in your memory common ground at such times as the same was commonable?[513]

b)      Is the great part of the hades now encroached upon and ploughed away by those who have lands shooting upon the same?[514]

c)       Name those men that have their lands shooting on the said the hades which have encroached with their ploughs?[515]

d)      How far in length they have encroached or ploughed up the hades within your memory?[516]

e)      What have you heard and believe in your conscience concerning the same?[517]

18.   What money for other things and how much have you given or proffered to give toward maintenance of the suite now in question against the plof?[518]

a)       Who did move you to do so and or there eaten you if you would not?[519]

b)      Who else by does contribute or promise to contribute?[520]

c)       By what assessment or rate are you taxed for such payment or Contribution?[521]

19.   Did you keep the plaintiff’s sheep on the ground lying by the brook side near to the brook side gate in Goodwich and Brunswood at such time as Thomas Hollingsworth John Carrington John Taylor and one Norton came here to you and took them from you and drove them to the pinfold?[522]

a)       Was it after harvest, and the Corn was taken inside in the Brook field in Spondon?[523]

20.   What evidence or writings have you known seen or heard read, which mentioned or concerned any lands? [524]

a)       What name is given to any use or uses to the church or town or inhabitants of Spondon?[525]

b)      Who hath read the same?[526]

c)       Who had them or has them now in keeping?[527]

d)      Were they or some of them taken out of the coffer or chest standing in Spondon church?[528]

21.   How many Inclosures do you know are now within the manor of Spondon?[529]

a)       How in any of them do you hold in your occupation? [530]

b)      How long is it since they were Inclosed? [531]

c)       Are the closes most or all of them taken in by exchanging of lands, one freeholder with another, and with other mens’ tenants?[532]

d)      Did the King being Lord of the Manor or any other for him give consent to such Inclosures or any of them?[533]

22.   Have not and do not the freeholders and farmers of Spondon that have Inclosed their lands and keep them in severalty do so keep their stocks of sheep horses and cattle in the arable fields and wastes and common grounds as formerly they did where by their poor neighbours are much appreciate?[534]

23.   Have you many times seen John Carrington and Thomas Hollingworth with others the Inhabitants of Spondon serve as Jurors at the Court held for the Manor of Spondon and have you sometimes served on the same Jury with them?[535]

24.   Have the tenants of the kings demesnes or lands within the Manor had and used common for their horses and cattle in the arable fields and wastes and other comonable places within the manor as other freeholders and farmers there have had crossed, whether the truth?[536]

25.   Were you Steward or Deputy Steward for the Manor of Spondon for the time being at such time and times when these Courts mentioned in these Court rolls now showed to you were held in and for the Manor of Spondon?[537]

a)       Is your name subscribed under the said court rolls, and Esttreytes of your own handwriting or by your appointment so subscribed?[538]

26.   Is there the some of the waste or common ground by the brook side on Brunswood taken in and Inclosed into the closes of John Carrington’s, and a close in the occupation of James Olerenshawe, and in some other Closes shooting upon the brook there, that divides Brunswood Leys from Goodwich Leys?[539]

a)       How many closes shooting upon the brook are there, that have some of the Common or Waste grounds in them where many poor men have long since kept their kin?[540]

b)      Who does now hold the closes and common grounds in severalty?[541]

27.   Are all the pieces of Common grounds or Waste grounds lying on Brunswood and Goodwich Leys hedged and taken in in severalty from other men’s grounds that lye adjoining to them as other men have Inclosed their lands there?[542]

a)       Is the Waste or common ground by the brook side near the brook field gate inclosed from Thomas Hollingsworth or other men’s lands, there; or lye intermixed among other men’s lands there?[543]

b)      Were the Brunswood and Goodwich Leys with all the several pieces of Waste and Common ground lying within them taken in and Inclosed with a ring hedge by the inhabitants of Spondon about ten or twelve years ago? [544]

c)       Since which time have they enjoyed the said Waste grounds, and kept out the poor, and taken money for the Waste grounds together with their own lands there, by leasing of beasts there and converting the money for Joytinge the said Cattle to their own use?[545]

28.   Do you know the ground within the Manor of Spondon called the King’s Waste or Spondon Waste or the Waste?[546]

a)       Doth the Waste lye adjoining to the great moor commonly called Spondon Moor on the East, and adjoining to the Brunswood Leys on the West? [547]

b)      Is the Waste now Inclosed on the North and South side with other men’s closes and hedges?[548]

29.   Were you one of the Jury (among others) at the Court held for the king for his Manor of Spondon the 3rd April in the 14th year of King James over England when Robert Knowles was amechied[?] for cutting wood in the Waste for the feeding his beasts in Winter?[549]

30.   What copyhold lands do you know or have heard are within the Manor of Spondon? [550]

a)       Who holds the same?[551]

b)      What lands do you know or have heard that are concealed within the Manor and whose occupation are they now in, Except old and able? The four sath? their time? crbor? Coaback Or butter for now or yet Can[552]

31.   Was Henry Clarke deceased tenant to the king’s lands in Spondon for many years which now the plaintiff has in his occupation?[553]

a)       Has Henry Clarke kept cattle and sheep on the common and fields of Spondon as other farmers had?[554]

32.   Are you of kindred or near alliance to most or some of the defendants and which of them?[555]

a)       Do you dwell within the Manor of Spondon or claim some title or interest in the same?[556]

33.   Is Thomas Hollingworth a man that hath raised many troubles and variance in Spondon and his neighbours has caused such suites and troubles in Spondon as were not before her twice raised?[557]

34.   Have you gathered the King’s Rent from the Waste of Spondon how many years have you gathered the same?[558]

a)       Who appointed you to gather the Rent and whom [559]

b)      Did you pay the same?[560]

c)       Is this note or Rental now showed to you the note or Rental by which you gathered the same rent of the king’s Waste?[561]

35.   Are you a practised surveyor? [562]

a)       If yes, have you lately and when surveyed or set forth the boundaries of the Manor of Spondon, and the Wastes there, or part or such part and so much thereof?[563]

b)      What is or are the extents contents and abuttals thereof, or of such part or such part and so much thereof?[564]

c)       By whom were you directed or assisted therein?[565]

d)      Is the survey or plot now delivered by you to the Commissioners, a true survey and plot to the best of your art and skill?[566]

36.   What other matter or thing do you know that may be anayleable to the plaintiff in this suite?[567]

signed Thomas Clayton, Joseph Osborne, Robert Hope, Richard Brandreth

Richard Osborne of Ockbrook, Derbyshire, yeoman aged 51, sworn and examined [568]

15.   He has known well all the defendants (except Norton) who is a poor man for 60 years and more, that the freeholders, their tenants and farmers have usually cut gorse on Spondon Moor or Spondon Waste or beast pasture at their pleasure. [569] As long as he can remember, there have been and now are pits in the waste but he does not know who dug them. [570] All or most of Spondon Waste now lies in ridge and furrow and has done as long as he can remember.[571] Spondon Moor is common in Spondon and Ockbrook and Spondon Waste as belonging to Spondon the freeholders and their tenants all the time he can remember.[572]

18.   He knows Spondon Waste and wrongly believes that the freeholders and tenants of Spondon have beast pastures within Spondon Waste.[573] The beast gates are parts of their several tenements and freeholders land.[574] He really believes that the soil of the waste have belonged to the freeholders and tenants of Spondon as long as he can remember.[575]

Christopher Colombell of Ockbrook, Derbyshire, yeoman aged 72, sworn and examined.[576]

1.       He has known all the parties mentioned in the interrogatory for 20 years, except Norton, who he does not know.[577]

2.       He has known the Manor or Lordship of Spondon for 60 years, but does not know it is in possession of the Duchy of Lancaster at Tutbury in Staffordshire.[578]

3.       He does not know any lands in Spondon called demesne lands but he does know there are lands lying in several fields of Spondon called Queen’s land in the time of the Queen or now King’s land and now by common report Thomas Gilbert, the relator, now holds the same.[579]

4.       Henry Clarke late of Borrowash, deceased occupied the King’s land but he does not know if he had right of common upon the freeholders lands in Spondon in right for this this land.[580]

5.       He has known as long as he can remember that the freeholders of Spondon have used the common for themselves and their farmers for all manner of cattle kept upon their freehold, especially from the time that the corn was cut until it was sown again.[581] In through and out of the relator’s arable land found time.[582] The King’s land as in and through all the common fields in Spondon so large as they are now unenclosed.[583]

6.       The freeholders of Spondon have usually taken-in closes out of the common fields of Spondon at their pleasure but he does not know whether the own their lands are owned by exchange.[584] None of the freeholders of Spondon have common these closes after they were enclosed.[585]

11.   He does now know that the relator, before he purchased his majesties land in Spondon, used to put cattle onto Goodrich and Brunswood or onto any common grounds or fields of Spondon in right of the King’s lands.[586] The freeholders and others in Spondon (for any King news to the contrary) agree that Goodrich and Brunswood should be enclosed to make them a beast pasture.[587]

15.   He defends the freeholders (except Norton), whose estates, farmers and tenants have usually cut thorns and gorse on Spondon Waste and Spondon Moor all the time that he can remember anytime they wanted.[588] 40 years ago he did cut gorse and thrones from here in the right of his father was a freeholder in Spondon.[589] There was an ancient watering pit in Spondon Waste which the freeholders and inhabitants of Spondon used to scour and the dug another watering pit in Spondon Waste at the other end of the sit or shack and was enclosed.[590] He has known the first pit for 60 years.[591] He now remembers that the other pit was dug about 12 years ago.[592] He said that Spondon Waste lies rig and furrow except shanks until they were fallow, all the time he can remember.[593] The freeholders and tenants of Spondon had the use and profit of Spondon Moor and Spondon Waste all the time he can remember, except for the right of the inhabitants of Ockbrook on Spondon Moor.[594]

8.       He knows Spondon Waste and that only freeholders have certain beasts pasture at there through their right of their Lordship in the court.[595]Likewise the soil of Spondon Waste belongs to the freeholders of Spondon according to the rate of their beast gate as part of their several tenements, but this right has been reputed.[596]

James Ollershaw, freeholder, sworn and examined for the relations’ part and now on the defendants’ part.[597]

16.   He said that the defendants Thomas Hollingsworth and John Carrington have paid this last 2 years to Henry Agard, knight, or his deputy, which was demanded for their lands in Spondon, but he does not know what farms these are for certain, or whether it is for respite of homage or not.[598] About 2 years ago, Sir Henry Agard’s deputy demanded about 20 years’ arrears of this payment for which he and the defendants complained about.[599]

17.   About 12 years ago, Thomas Hollingsworth at the court leet with the relator was required by the Steward for the Manor of Spondon to serve this court Barron for a year but he refused to do this until the Steward promised him that he would not be paid any right. Upon this promise, he did then serve.[600]

Edward Newton of Chaddesden, yeoman aged 62 or thereabouts, sworn and examined.[601]

1.       He has known all parties in the interrogating named since their childhood except Norton.[602]

2.       He has known Spondon for 50 years and has heard that Spondon has been in the possession of the Duchy of Lancaster belonging to the Lordship of Tutbury in Staffordshire.[603]

4.       He knows no demesne lands in Spondon and therefore cannot answer any more on this question.[604]

5.       For the last 50 years, the freeholders of Spondon have usually had common of pasture for themselves and their farmers to keep cattle on their freeholds throughout all the fields in Spondon at commonable times of the year and has never known or heard that it was otherwise for the last 2 years.

6.       He knows and has seen the freeholders of Spondon take in and enclose their own land out of the arable fields of Spondon. He believes this was at their own decision keeping them several.[605] They have not been used as common. He knows nothing to the contrary [606]

7.       He knows grounds in Spondon called Brunswood and Goodwych Leys.[607] These lie rig and furrow and believes that some shanks and places unfit for tillage yet he has seen corn sown on Goodwych Leys.[608]

18.   He knows Spondon Waste.[609] He has credibly heard that any of the freeholders in Spondon have beast gates there and everyone knows how many beast gates he has.[610] He believes that the beast pastures are part of their several tenements and that the soil of the waste belongs to the freeholders proportionate to the number of beast gates they hold.[611] T this his has never been reputed since the time that he can remember.[612]

William Drakley of Spondon, husbandman aged 84, sworn and examined.[613]

1.       He has known all the parties since his childhood.[614]

2.       He has known the Manor of Spondon for 70 years.[615] He does not know whether Spondon belongs to the Duchy of Lancaster under the Lordship of Tutbury.[616]

3.       There are 2 flats lying in Spondon known by the name of King’s lands or demesne lands.[617] One of these flats lies in a field belonging to Synderlands containing 3 acres by estimation.[618] The other flat lying in Brookfield Spondon towards Lockoe called Lousy Grave containing 7 acres by estimation.[619]

4.       He knows Henry Lockoe and Lawrence Taylor, boy deceased, now tenants of these 2 flats.[620] he knows Henry Clarke was tenant to one of these flats and one stint (that he can now remember) came into the possession of Mr Gilbert.[621], tenements and other inhabitants (excepting Mr Gilbert) have had common of pasture in Spondon without stints as entitlement for lands they have held there.[622]

5.       As long as he can remember the freeholders of Spondon used to have common of pasture for themselves and their farmers for their cattle, kept on their freehold lands throughout the arable lands belonging to the plaintiff called the Kings Domaine as well as all the Town fields of Spondon at all times of the year so long as they were unenclosed and the fields fallow or harvested until they were sown again.[623] All the time he can remember the freeholders used to have common throughout all the fields of Spondon at commonable times.[624]

6.       The freeholders of Spondon used to take in and enclose their own lands from the common arable fields.[625] Other enclosures followed and ever since the freeholders of Spondon have not been able to use common in these enclosures.[626]

7.       He knows Brunswood and Goodwych Leys in Spondon.[627] All of Brunswood and Goodwych Leys lye Rig and furrow except some Shanks always places unfit for tillage.[628] This ground appears in the past to have been tilled and sown with corn.[629] He has seen the most part of Goodwych Leys and one Flatt in Brunswood Leys sown with corn.[630]

8.       He strongly believes that some of the freeholders of Spondon do own their own land within Goodwich and Brunswood Leys as used by their farmers.[631] Further to this he does not answer.[632]

9.       He does know the half acre in Goodwich Leys, the common baulk in Brunswood Leys, the parcel of ground in Burrow field called Ley Sick, a piece of Brookfield called Rough Close Nook and one-piece within the Meadows of Spondon called Kirke Pingle.[633] All the time he can remember, he has known the inhabitants of Spondon, poor men and others tether their horses upon this ground (except Church Pingle).[634]

10.   He cannot answer this question.[635]

11.   He did not know the relator before he purchased his majesties demesne or any other of the King’s farmers land in Spondon.[636] The owner put in his cattle onto Goodwych and Brunswood Leys or any of the common fields during the open time in right of his demesne.[637] He really believes that the husbandman in Spondon agreed that Brunswood and Goodwych Leys should be enclosed.[638] He really believes that the cottages also agreed because they have a Couse gate there for 11 shillings from Mayday until Candlemas.[639]

12.   He does know the closes in Spondon now belonging to the defendant Thomas Hollingworth and the lands viz: two closes in Goodwich Leys, one close in Brunswood Leys, but he does not know how long Thomas Hollingworth and those under him claimed the freehold or inhabitancy.[640]

13.   He knows some closes belonging to the defendant John Carrington viz: one close in Brunswood Leys, one close in Goodwych Leys, which belongs to John Carrington, and one of his own freehold land which he has known to have been enclosed for 12 years.[641]

14.   He cannot certainly answer this question.[642]

15.   All the time that he can remember the defendants’ estates and their farmers and tenants and other freeholders in Spondon grubbed out gorse on Spondon Moor and gorse and thorns on Spondon Waste or beast pasture to spend in their several tenements in Spondon.[643] He has scoured out pits for watering places in Spondon Moor and Spondon Waste.[644] About 12 years ago he was hired amongst others to do a new pit at the nether end of Spondon Waste for a watering place for their cattle.[645] All the time that he can remember the other pits have been scoured.[646] All the time he can remember Spondon Waste has lain Rig and furrow.[647] The inhabitants of Spondon have been using pits and pasturing on Spondon Moor and Spondon Waste.[648] The inhabitants of Ockbrook use Spondon Moor as common.[649]

18.   He knows Spondon Waste.[650] Every freeholder within Spondon has beast pastures within Spondon Waste as part of their several tenements.[651] He really believes that the soil of the waste belongs to the freeholders of Spondon according to the rate of their beast gate as part of the several tenements.[652] The freeholders and others have had beast gates that have been reputed owners for the reigning King, but he has heard to the contrary.[653]

19.   About 40 years ago, Robert Newton senior bailiff to the late Queen Elizabeth, of the Manor of Spondon and Chaddesden enclosed and endeavoured to keep enclosed a piece of ground in Spondon field called Dallysich, part of Spondon Waste, but Humphrey Brownell and John Newton, two of the inhabitants of Spondon were brought up from London, (but he had credibly heard) said little when they arrived.[654] Since the casting open of these enclosures. The inhabitants of Spondon have enjoyed and kept them.[655]

20.   The stint of the beast gates in Spondon Waste anciently consisted of 274 beast gates.[656] All the time that he can remember each beast gate cost one penny in the waste, 20 shillings of which have been paid to the King or Queen’s bailiff and the rest was disposed to those that gathered it, the waste Reeves.[657] The waste Reeves gathered the rents and made sure that the waste were not out stinted.[658] Lately the number of stints were drawn to half of as they were in the past now paying two pence a beast gate.[659]

Robert Rowland, formerly sworn on the plaintiffs’ part now on the defendants’ part.[660]

21.   He is tenant at will to the complainant, Mr Gilbert for two parcels of land in Chaddesden at the value of 11d per annum. [661] He has no other dependency at all upon the complainants’.[662]

Michael Sarkson of Spondon, Wheelwright aged 67, sworn and examined.[663]

1.       He knows one person named in the questions? Some of them for 50 years.[664]

2.       He has known Spondon for 50 years.[665]

3.       There were 2 Flatts, arable land belonging to the King in Spondon field and one Flatt lying in Borrowash field, and another Flatt lying in Brookfield but he does not know their particulars; and another parcel of land called Cherry Leys adjacent to the old water near Synderlands named after one Cherry who farmed this land.[666] These Leys are worth 40 shillings per annum.[667]

4.       He has known Robert Dakin, late of Borrowash deceased, that occupied the Flatt in Borrowash field part of the King’s land.[668] Since Robert Dakin’s death, Henry Clarke, now deceased, was the farmer of both Flatts belonging to the King.[669] Both Flatts are now in the occupation of Mr Gilbert, the complainant.[670] He was tenant of both Leys until about 5 or 6 years ago, at which time the complainant had them himself.[671] The farmers of the King’s land did not have common of pasture upon the freeholders land in Spondon in right of the demesne lands for any King he knows of.[672]

5.       All the time he can remember the freeholders of Spondon used to have common of pasture for themselves and their farmers to keep their cattle on their freehold lands.[673]. They also had use of the arable lands belonging to the plaintiffs’ within Spondon within the common fields from when they were fallow or had their corn harvested until they were sown again so long as they were not enclosed.[674]

6.       At will the freeholders of Spondon have taken in and enclosed certain closes of their own within the arable fields of Spondon and have enjoyed them without interruption.[675]

7.       He knows Brunswood and Goodwych Leys in Spondon.[676] Brunswood and Goodwych Leys lye in rigg and furrow except some shanks and places unfit for tillage.[677] He really believes that Brunswood and Goodwych Leys have been sown with corn.[678] He has got corn from Goodwich Leys himself as did his master before him.[679]

8.       He really believes that all or most freeholders in Spondon do know their own lands in Goodwych and Brunswood Leys because he has seen them tether their cattle there.[680]

9.       He knows a piece of ground in Burrow field called Dallysich and one-piece in Brook field called Rough Close Nook.[681] He does not know Ley Sick Pingle, the half-acre in Goodwych Leys, nor the common baulk in Brunswood Leys.[682] For the last 50 years, he has known that every day in the morning, the inhabitants of Spondon as well as the poor have tethered their horses on the common ground and at other times they have given their rents for use of the town of Spondon.[683]

10.   He cannot answer more than he has already done.[684]

11.   The relator, Mr Gilbert before, he purchased his majesties demesne lands in Spondon, nor any other of the King’s farmers never put their cattle in either Goodwych or Brunswood Leys in the open time or any of the common fields in Spondon in right of the demesne lands.[685] He has not known or heard of any difference between the freeholders and cottagers about taking in or enclosing the grounds called Brunswood Leys or Goodwich Leys.[686]

12.   He does not know the closes in Spondon belonging to Thomas Hollingworth, but he has heard that Thomas Hollingworth has enjoyed these closes as he has quietly for any King, and he has not heard anything to the contrary [687]

13.   He does not know, in particular the closes belonging to John Carrington, the defendant in Spondon but he has heard that John Carrington and his descendants have enjoyed these quietly for any King, and he has not heard anything to the contrary.[688]

14.   He does not know any particular that John Taylor, defendant claims in Spondon, but his ancestors have enjoyed the same.[689]

15.   For the last 50 years the defendants and other freeholders of Spondon have cut, grubbed and got gorse from Spondon Moore and Spondon Waste; and thorns from Spondon Waste for use in their several tenements.[690] They used to scour the watering pits on Spondon Moor called vicar pits and another pit on Spondon Waste which used to be scoured when needed.[691] Spondon Waste lies rigg [and furrow] except for a small parcel lying in the pit on Spondon Waste.[692] For the last 50 years the inhabitants of Spondon have had the benefit and profits of Spondon Waste and Spondon Moor.[693]

18.   He knows Spondon Waste.[694] Every freeholder in Spondon has certain beast gates within Spondon Waste as part of their several tenements.[695] He really believes that Spondon Waste belongs to the freeholders and inhabitants of Spondon according to the rate of their beast gates as part of their tenements and so have been reputed owners of them for 50 years and upwards.[696]

William Coupe of Chaddesden, labourer, aged 90 or thereabouts, sworn and examined.[697]

18.   He does know Spondon Waste and that certain beast gates lie within Spondon Waste or beast pasture [698] He really believes that these beast pastures are part of the freeholders several tenements.[699] All the time he can remember this has been so and that the soil of Spondon Waste belongs to the freeholders of Spondon as part of the several tenements.[700] He really believes this to be true because his father, who died about 40 years ago was keeper of Spondon Waste for the inhabitants of Spondon.[701]

Richard Cheadle of Chaddesden, yeoman aged 40, sworn and examined.[702]

17.   About 3 or 4 years ago the court Barron used to be kept by the complainant, Mr Gilbert for the Manor of Spondon.[703] He heard that the defendants Thomas Hollingworth and John Taylor deny appearing and serving at any court Barron at Spondon.[704] The then steward persuaded them to serve and promised the defendants, him and others that it be no prejudice to them for the Tyme to come if they would serve at the time, so they did serve at the court Barron.[705]

John Hollingworth of Spondon, yeoman aged 52, sworn and examined.[706]

16.   Thomas Hollingworth and John Carrington pay homage to Sir Henry Agard all his deputy for the honorary of Tutbury for their several lands they have in Spondon.[707]. He knows this to be true because he pays homage in annual for lands that he holds in Spondon.[708] Also (in right of his son, Richard? For homage off one vill as Sir Henry a guard deputy demanded and received by him.[709] Now he remembers that at one time there was 20 years arrears of this respite money held for the names of ? About 2 years ago at the court Leet.[710]

17.   He was at a court leet where the defendants Thomas Hollingworth and John Taylor appeared.[711] Mr Chadwick, the then steward of the court Leet called the jury for the court Barron to be held and swore Thomas Hollingworth and John Taylor to serve on the jury together with John Carrington.[712] They refused to serve out voting the steward as it was contrary to their custom.[713] The steward said that they were already sworn to the court and entered John Taylor to serve at the time, saying that it would not prejudice against them.[714]

20.   All the time he can remember. He has paid the waste Reeves of Spondon a penny a stint for any beast gate in Spondon Waste from which there has been 17 shillings 6d paid to Thomas Gilbert, and 3 shillings 3d to Henry Gilbert, his son and the rest to the waste Reeves who gathered these stints.[715] |As best as he can remember, for 3 years Thomas Gilbert has refused to receive these 17 shillings and 6d.[716]

Richard Knowles of Spondon, yeoman aged 60 sworn and examined.[717]

1.       He has known all the parties in the interrogatory named because he was born and dwells in Spondon except Norton that he has known since childhood, all the time he can remember.[718]

2.       He has known Spondon all the time he can remember, but he does not know that this is part of the Duchy of Lancaster belonging to the honour of Tutbury in Staffordshire.[719]

3.       He knows 2 flatts of arable land called the Kings land; one lying in Brookfield called Lousey Grave the other in the field next to Borrowash on a furlong adjacent to Dallysich.[720] He knows another piece of King’s land called Faukers Baulk Leys adjacent to the old water that he does not know the size of any of these.[721]

4.       He knows Henry Clark, farmer of 2 flatts of ground in Spondon, who used to have common of pasture on the freeholders lands in Spondon, but he does not know whether this was in the right of the demesne lands.[722]

5.       All the time that he can remember the freeholders, farmers and tenants have usually had common of pasture where they have kept their cattle on the King’s demesne when the fields were fallow, as well as on the plaintiff’s farm on Dallysich common field between when the corn was cut and harvested until the fields were sown again.[723]

6.       The freeholders of Spondon have taken in closes for their own lands out of the common arable fields in Spondon for their own use.[724] He does not know any other freeholders of Spondon that had common within the Ley grounds after they were enclosed.[725]

7.       All of Goodwych and Brunswood Leys in Spondon lie Rig and furrow except some shanks and siches or watery places that are not arable and on fit for tillage.[726] It appears that these grounds have been anciently fallow.[727] He has seen some parts of Goodwych Leys sown with corn and wheat.[728]

8.       He believes that most of the freeholders of Spondon know their own land lying within Brunswood and Goodwych Leys.[729] For the most part, it is known which farms belonging to Brunswood and Goodwych Leys. [730] Many of the lands are there are marked out ready.[731]

9.       He knows Rough Close Nook in Brookfield well.[732] He has heard that there is a Ley Leys where the owner is not known.[733] He has also heard that there is commonly in Brunswood Leys.[734] He knows the piece of ground in a field next to Borrowash called Ley Sick.[735] He knows a little spot or Pingle Leys land in Spondon Meadows called Kirk Pingle.[736] The rent of Kirk Pingle went to keeping the clerk keeper.[737] The inhabitants of Spondon, rich and poor all the time he can remember, used to tether their horses and cattle upon these Leys at common of all times before they were enclosed, except for Leys in Goodwich Leys as he does not know how it has been used; and except the sick, which has been sometimes used as common and sometimes used for the town.[738]

10.   He does not answer this question again because he has already answered it.[739]

11.   The relator, Mr Gilbert, or any of them have ring farmers of his demesne lands in Spondon before he purchased his majesties demesne lands they used to put their cattle in the open time onto Goodwych and Brunswood Leys or any of the field or common ground in Spondon.[740] He was present and it hear when the freeholders and cottagers agreed that Goodwych and Brunswood Leys were to be enclosed.[741]

12.   He knows many of the closes in Spondon belonging to the defendant Thomas Hollingworth.[742] All the time he can remember, Thomas Hollingworth has held and occupied the ancient enclosures.[743] Since the enclosure of the demesne he knows to the contrary that Hollingworth has held the demesne for himself and those under him for his Majesty.[744] He concedes their freeholders inheritance.[745]

13.   He knows the closes belonging to the defendant John Carrington in Spondon.[746] The closes were taken in about 10 or 12 years ago and one of them 16 years ago.[747] John Carrington has quietly enjoyed these 2 enclosures ever since, as well as the ancient enclosures as there freehold and inheritance all the time he can remember.[748]

14.   He knows the closes in Spondon belonging to the defendant John Taylor, which have been enclosed beyond his memory and some others that have been taken and enclosed.[749] John Taylor and those from whom have horses and ponies as their freehold or inheritance.[750]

15.   The defendants encroached the land of the freeholders, the tenants and farmers in Spondon whose estates have usually, during winter, [?] All the time he can remember[751] He has heard that they have anciently grubbed out and got gorse from Spondon Moor (until now they have cut and got gorse for their use from Spondon Waste or the beast pasture). Lordship gone in their so what the tenants about was time and have denuded them according to the limits of each man’s beast stint on the pasture, but of late they have cut and grubbed them at their pleasure.[752] He has been scouring the pits for watering places both in the nether end of Spondon Moor and Spondon Waste.[753] About 15 years ago there was a new pit made in the nether end of Spondon Waste but there were already other watering pits before he can remember.[754] Spondon Waste lies rig and furrow except where the last pit was made.[755] The inhabitants of Spondon have had pasturing rights on Spondon Moor all the time that he can remember.[756] All the time he can remember the ancient freeholders, tenants and cottagers of Spondon, which have had stints on Spondon Waste have had pasturing rights on Spondon Waste.[757]

18.   He knows Spondon Waste.[758] Only ancient freeholders and cottagers in Spondon have beast pasture on waste.[759] He knows the beast pastures are part of Spondon, tenements.[760] The soil of Spondon Waste belongs to the freeholders of Spondon according to the rate of their beast gate as part of their tenements.[761]

19.   He has heard that Mr Newton, the then Bailiff , for the manor of Spondon and Chaddesden for the late Queen Elizabeth since the Queen’s time, has enclosed a piece of ground called Dallysich lying in Borrowash field but presently has been thrown open again by one of Mr Brandreth’s sons and John Newton of Spondon .[762] Dallysich has since been held open and enjoyed by the inhabitants of Spondon.[763]

William Locko of Ilkeston, Butcher aged 80, sworn and examined.[764]

18.   He knows Spondon Waste.[765]Every one of the ancient freeholders in Spondon has certain beast pastures within Spondon Waste belonging to their several tenements.[766] He concedes that the soil of Spondon Waste belongs to the freeholders of Spondon and their tenants.[767] His father was a freeholder in Spondon and this was true then and has been all the time he can remember.[768]

Thomas Bamford of Chaddesden, yeoman aged 67, sworn and examined.[769]

Interrogatories to be administered to Witnesses to be produced in three parts on behalf of Thomas Hollingworth John Carrington John Taylor and Thomas Norton defendants against Thomas Gilbert Esq Jusonmacon in the name of Edward Moseley be held in a Riks Attorney of the Duchy of Lancaster plt

1.       He has known the complainant, Mr Gilbert, and most of the defendants except Norton (who he has only seen.) all the time he can remember.[770]

2.       He has known the manor of Spondon for more than 50 years.[771] He has now heard to the contrary that the manor is part of the possessions of the Duchy of Lancaster in the honour of Tutbury.[772]

4.       As far as he can remember, Mr Newton, Thomas Newton, his son, Robert Newton the son of Thomas were all bailiffs for the manor of Spondon for both Queen Elizabeth and the King.[773] He believes they farmed for the Lords of the King or Queen.[774] Chercy, and after him Shiles, held part of the manor of Spondon under the Newtons’.[775] He does not know that the farmers of the King’s lands had common of pasture on the freeholders’ lands in right of demesne.[776]

5.       All the time he can remember the freeholders of Spondon used to have common of pasture for themselves, their tenants and farmers for all their cattle kept on their arable lands of the plaintiff, sometimes the King’s demesne at all commonable times of the year. [777] they also had common in all the fields of Spondon so long as they were semi-closed, as well as the fallow fields from when the corn was cut and harvested until they were sown again except for some new cottages lately erected who have no right of common here.[778]

6.       The freeholders of Spondon have taken in many closes of their own lands from the arable fields of Spondon.[779] He does not think that any other freeholder of Spondon have had common in any of the enclosed lands since they were enclosed.[780]

7.       He knows Brunswood and Goodwych Leys in Spondon.[781] Brunswood and Goodwych Leys lye rigg and furrow (except for some shanks and baulks).[782] Brunswood and Goodwych Leys have been anciently tilled because he has seen corn growing on part of Goodwych Leys.[783]

18.   He knows Spondon Waste.[784] He knows that the ancient freeholders in Spondon have certain beast gates within Spondon Waste.[785] He usually thinks that these beast gates belonging to their several tenants because his wife rented 3 beast gates belonging to a tenant.[786] He really thinks that the soil of the Spondon Waste belongs to the freeholders as part of their several tenements because he enjoyed these 3 beast gates that he had in the right of his wife until his son sold them.[787] He has now heard that many of the freeholders were troubled in the use of these beast gates.[788] All the time that he can remember the freeholders have been denied the use of Spondon Waste.[789]

Ralph Cooper of Chaddesden, tailor aged 77, sworn and examined.[790]

1.       He has known Mr Gilbert and all the defendants since their youth.[791]

2.       He has known the manor of Spondon for 60 years.[792] He really believes that Spondon is a part of the Duchy of Lancaster belonging to Tutbury, Staffordshire.[793]

3.       He knows 2 flatts of arable ground; one in Burrow field called Easterdale, and the other in Brookfield called Lousy Grave.[794] All the time he can remember these have been demesne lands belonging to Spondon manor.[795] He does not know any other Kings or demesne lands.[796]

4.       He knows one freeholder of Spondon, called Daykne of Borrowash; after him one Henry Clerk, both deceased who were farmers of the east demesne land.[797] He does not know if these farmers of the demesne lands had any right of common through the freeholders of Spondon.[798]

5.       All the time he can remember the freeholders of Spondon and their farmers had common of pasture for all their cattle upon their freehold lands and throughout the common fields of Spondon as well as throughout the demesne arable lands and the common fields of Spondon so long as they were not enclosed from the time the corn was caught and harvested until it was sown again.[799] All the time before, the freeholders used to have common in all the fields of Spondon at commonable times of the year.[800]

6.       Some of the freeholders of Spondon have taken in closes of their own land from the common arable fields of Spondon.[801] After these enclosures the other freeholders did not have common within these closes, only those who have enclosed them were able to use them.[802]

7.       He knows Brunswood and Goodwych Leys.[803] Goodwych Leys has been used for tillage and lies rigg and furrow except some lands that lye unfit for tillage.[804] He has seen corn growing on part of Goodwych Leys and has got corn there himself.[805] He really believes that Brunswood has also been cut.[806] he does not know the half acre in Goodwych Leys, nor the common baulk, nor the common ground in Brunswood Leys, but knows well the piece of ground in Burrow field called Ley Sick; a piece of ground in Brookfield called Rough Close Nook and a piece of ground within Spondon Meadow called Kirk Pingle.[807] All the time he can remember the inhabitants of Spondon have tethered their horses and kept their cattle upon parcels of land called Rough Close Nook Ley Sick but Kirk Pingle was always enclosed that was enjoyed by the clerk keeper.[808] All the time he can remember these grounds have been reputed to belong to the inhabitants of Spondon who have taken the profits from it.[809]

10.   He does not answer this question.[810]

11.   The relator Mr Gilbert before he purchased his majesties demesne land in Spondon did not put his cattle as common and Goodwych and Brunswood Leys in any open time in right of his majesties demesne lands.[811] He does not know how the freeholders and cottagers of Spondon agreed on enclosing Brunswood and Goodwych Leys, but it seems they did agree as they have enclosed them and enjoyed them accordingly.[812]

15.   All the time he can remember and time out of mind, he has heard, the defendants and other freeholders of Spondon, including their farmers and tenants on their estates, have usually grubbed up cut, and got gorse and thorns from Spondon Waste, Spondon Moor, or the beasts pasture to use in their several tenements.[813] For 60 years he has known the inhabitants of Spondon to scour – out pits for watering places for their cattle on Spondon Moor and Spondon Waste.[814] He has scoured some of them himself.[815] There was one pit lately dug for watering place at the nether end of Spondon Waste.[816] Spondon Waste lies for the most part Ridge and furrow and has done all the time he can remember.[817] Likewise the inhabitants of Spondon have usually had pasturage and profit from Spondon Waste and Spondon Moor.[818]

18.   He knows Spondon Waste and that all the ancient freeholders of Spondon have certain beast pastures there.[819] These beast pastures, for anything he knows all has heard to the contrary, belong to the freeholders of Spondon according to the rate of their beast gates of their several tenements.[820] All the time he can remember the freeholders have been reputed owners of these beast gates.[821]

19.   About 40 years ago old Mr Roote Newton, deceased bailiff to the late Queen Elizabeth for her manor of Spondon and Chaddesden, enclosed or caused to be enclosed, a piece of ground in Spondon called Ley Sick, part of her Majesty’s waste in Spondon.[822] He endeavour to keep Ley Sick enclosed but one Mr John Newton, freeholder of Spondon, and one Humphrey Brownell, who dwelt in Spondon. Parsonage cast open Ley Sick and since this has been kept open and enjoyed by the inhabitants of Spondon.[823]

Signed Thomas Clayton, Joseph Osborne, Richard Brandreth, Robert Hope[824]

Francis Smalley of Chaddesden, labourer, aged 50 sworn and examined.[825]

1.       He has known Mr Gilbert, the complainant and the defendants for 40 years.[826]

2.       He has known Spondon for 40 years.[827] Spondon has been commonly taken to be a part of the possessions of the Duchy of Lancaster belonging to the honour of Tutbury in Staffordshire.[828]

3.       There are 2 flats in Spondon, which he has heard called the King’s lands, one lying on Lousy Grave Flatt on Spondon Brookfield, and the other lying on Esterdale Flatt.[829] He has also heard that there is also a cottage where Widow Harrison dwells and another small dwelling house adjoining it that he has heard was demesne lands but he cannot answer whether this was so or not.[830] There is part of a close called Faukers Baulk Leys and a little piece of meadow lying in the holme mouths in Spondon which he has heard were the King’s lands.[831]

4.       He knows one Henry clerk of Borrowash, deceased held and formed the 2 flatts and after him John Hibberd of Spondon, the Elder before they came to Mr Gilbert, the complainant.[832] The other 2 pieces of land called Faukers Baulk Leys and a little piece of meadow were in the occupation of one Fouch Styles and after him in the occupation of Hugh Cotton of Spondon.[833] He does not know nor has he heard that any of these people have held these demesne lands had right of common on freeholders land in Spondon nor let – out any common in Spondon in right of these demesne lands.[834]

5.       all the time that he can remember the freeholders of Spondon used to have common of pasture for themselves and their farmers to keep all manner of cattle on the freeholders lands as well as throughout the arable land of the complainant, the King’s demesne lands and throughout all the common lands of Spondon at common of all times of the year so long as they were unenclosed when the fields were fallow from harvest time until the corn was sown again.[835] All the time he can remember, the freeholders of Spondon and their tenants used to have common in all the fields of Spondon at common of all times.[836]

6.       The freeholders of Spondon used to enclose their own lands from the common arable fields of Spondon.[837] The other freeholders in Spondon nor their tenants did not have common rights in any of the enclosures after they were enclosed.[838]

7.       He knows Brunswood and Goodwych Leys in Spondon.[839] Brunswood and Goodwych Leys lye Ridge and furrow except some Shanks unfit for tillage so that it appears that Goodwych and Brunswood Leys have been anciently tilled and used for growing corn .[840] On part of Goodwych Leys on the furlong shooting upon Brooksich he has many times sewn and harvested corn and also mowed grass, tethered horses and cattle on the hades of the lands belonging to the messuage with his father and others in Spondon.[841] If anyone else tether their horses or cattle on the hade’s (other than those to whom they belonged) it was only on sufferance.[842] 20 years ago his father was bailiff in Spondon to lady Margaret Stanhope.[843] When the inhabitants of Spondon were ordered to attend the manor court in Spondon that no one should tether their cattle on any other ground, Goodwych Leys Brunswood Leys all Brooksich hade’s or any other field in Spondon, not their own, on pain of 3 shillings 4d.[844] He gathered his father’s fines from when people tied their cattle on other people’s land.[845]

8.       All or most part of the freeholders of Spondon know their own lands within Brunswood and Goodwych Leys.[846] He thinks that it is known which farm that any Lee within Goodwich Leys and Brunswood Leys belong.[847] He concedes the rates to be true because he was stopped for feeding his oxen on the Leys when he let them on to the grass to fatten them up.[848] He has heard that there is a Ley or baulk in Brunswood Leys, which is reputed anciently to be common land and also a parcel of ground in Brunswood Leys called Dallysich that he has heard is common land .[849]

9.       He does not know the half acre in Goodwych Leys mentioned in the question, but does no the common baulk in Brunswood Leys and one piece of ground in Burrow field called Ley Sick, a piece of ground called Rough Close Nook, parcel of the Brookfield, and one piece called Kirk Pingle lying within the Meadows in Spondon.[850] All the time he can remember the inhabitants of Spondon have usually tethered their horses on the common baulk in Brunswood Leys.[851] Ley Sick has sometimes been used as common and sometimes let by the churchwardens of Spondon for the use of their church .[852] He has heard that Rough Close Nook has been accounted as common ground but does not now remember the use of it.[853] Money from Kirk Pingle used to go towards the wages for clerk keep of Spondon.[854] Further to this he does not answer.[855]

11.   He now knows that the relator, Mr Gilbert before he purchased his majesties demesne lands in Spondon or any other farming of the demesne, used to put cattle in commonable times on to Goodwych and Brunswood Leys or to any other common grounds or fields in Spondon in right of the demesne lands.[856] Further to this he does not answer.[857]

12.   He cannot certainly answer this question.[858]

13.   He knows the closes in Spondon belonging to the defendant John Carrington.[859] He has now heard that John Carrington has enjoyed these closes quietly and peaceably all the time he can remember. [860]

14.

19.   He has heard one Henry Locko….. Mr Newton of Chaddesden………. To keep enclosed one piece of ground in Spondon called Ley Sick….. Henry Locko Mr Newton.[861]

[signed] Thomas Clayton, John Osborne, Richard Brandreth and Robert Hope.[862]

Questions to be asked to witnesses in 3 parts on the path of Thomas Hollingworth, John Carrington, John Taylor and Thomas Norton, defendants.[863]

1.       Do you know the complainant Thomas Gilbert and the defendants Thomas Hollingworth, John Taylor and Thomas Norton Esq?[864]

a)       How long have you known them or any of them?[865]

2.       Do you know Spondon in Derbyshire?[866]

a)       How long have you known this Manor or Lordship lately part of the possessions of the Duchy of Lancaster belonging to the honour of Tutbury in Staffordshire?[867]

3.       What demesne lands are there lying in Spondon or Duchy of Lancaster’s lands?[868]

4.       What and how many farms of the demesne lands in Spondon have you known?[869]

a)       Have they or any of them common of pasture on the freeholders’ lands in Spondon in right of the common?[870]

5.       Do you remember if the freeholders in Spondon, used to have common of pasture themselves?[871]

a)       Have the freeholders for all their cattle kept on their freehold lands unfortunately as well as themselves their land of the complainant sometimes the king’s demesne all times of the year as in and through all the common fields apportioned so long as they be unenclosed when the fields are fallow and when they are sown from the corn till and ploughed the same fit to be sown again?[872]

6.       Have the freeholders in Spondon taken in closes of common arable fields at their wills and pleasures in Spondon?[873]

a)       Have any other freeholders of Spondon Common in their enclosures after they were enclosed?[874]

7.       Do you know ley grounds lying in Spondon called Brunswood and hades ley grounds the rig and furrow?[875]

a)       Does it manifestly appear that the ley ground has been accordingly farmed?[876]

8.       Do all or the most part of the freeholders in Spondon know their own lands in the ley and Brunswood and Goodwich Leys?[877]

a)       Is it for all or most part known to what farms most ley in the said ground and Goodwich do belong (except out by containing about half an acre in Goodwich and one common baulk and some other of one acre in Brunswood?[878]

9.       Do you know the half acre in Goodwich and the said common baulk and common ground in Brunswood and one acre in Burrow field called Ley Sick and one piece here-to-ford parcel of the brook field called Rough Close Nook and one notice in Spondon called the kirke pingle?[879]

a)       Have the Inhabitants in Spondon usually tethered their horses on the common baulk and in Brunswood Leys and other grounds?[880]

b)      How long have you known them use to tether their horses upon these grounds?[881]

c)       Whose have they left alone do you remember?[882]

d)      What has taken the profits all the time?[883]

10.   Does the half acre ley in Goodwich and the common baulk and common ground part of the several tenements in Spondon?[884]

a)       How long have you known them so reputed?[885]

11.   Did the Relator before he purchased his Majesties demesne lands in Spondon or any other of his demesne lands in Spondon even wish to put any cattle in the open time into the Brunswood or into any of the fields or common grounds in Spondon in right of the demesnes?[886]

a)       Do cottagers in Spondon unto use to put any cattle in the open time in to the Brunswood or into any of the fields or common grounds in Spondon in right of the demeans?[887]

12.   Do you know the closes in the Lordship of Spondon belonging to the Defendant Thomas Gilbert lying therein?[888]

a)       How long have they known them and any of them and most them have all the time of your remembrance and time out of mind as you remembered heard by the said Thomas Hollingworth whom that they claim as their freehold or Inhabitancy?[889]

13.   Do you know the close in Spondon belonging to the said defendants John Taylor lands lying there?[890]

a)       How long have you known them and any of them whether have the all the time of yo[u]r remembrance and time out of mind as you have heard by the said John Taylor under whom he claimed the freehold inhabitancy?[891]

14.   Do you know the closes in Spondon belonging to the defendants and the lands lying there?[892]

a)       How long have you known them and any of them have been enjoyed all the time of your remembrance and time out of mind as you have John Taylor and those under whom he Claimed as those freehold or inhabitancy?[893]

15.   Have the defendants and others the freeholders in Spondon and to have and there farmers and tenants usually all the time of your interest and past heard cut grubbed and got gorse and thrones on Spondon Moor and Spondon [waste] or the beasts pasture to spend in their several tenements in Spondon and to scour – out pits there?[894]

a)        How long have you known the same?[895]

b)      Whether doth the land called Spondon Waste or the beast pasture let Rig and furrow and hath so been by all the time of your remembrance hath had the pasturage and profit of the said ground called Spondon Waste all the time aforesaid declare what you have heard.[896]

16.   Do the defendants Thomas Hollingworth one John Carrington have paid homage to Sir Henry Agard, knight demanded of the honour of Tutbury or to the several lands which they hold in Spondon declare what you know herein[897]

17.   Did you hear the said defendants Thomas Hollingworth and John Taylor or any of them at any time and when deny to serve at any court baron which the said Thomas Gilbert did used to be held for the said manor of Spondon what one of the said defendants Thomas Hollingworth and John Taylor then use to the steward that court declare the truth[898]

18.   Do you know a ground in Spondon called the waste that the freeholders rent and beast pastures within the said waste?[899]

a)       Whether beast pastures parcel of the several tenements?[900]

b)      Whether doth the said of the said waste belong in Spondon according to the rate of their beast gates as parcel of their several tenements they heard reputed owners thereof report what you know herein?[901]

19.   Whether did you know that heretofore one of the bailiffs of the manor of Spondon and Chaddesden to the late famous Majesty Queen Elizabeth I did enclose and endeavour to keep enclosed a piece of ground aforesaid called Ley Sick piece as part of her Majesties waste in Spondon most of the D?th heard when and how have ? to hold the same //[902]

a)        When and whether do you know did the Inhabitants of Spondon aforesaid?[903]

20.   Do you know that there hath been paid a penny a beast for any beast?[904]

a)       have you known the same paid?[905]

b)      To whom hath you paid the same time out of mind?[906]

21.   Do you have a tenant or servant?[907]

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[689] folio 14 lines 1534 – 1536

[690] folio 14 lines 1537 – 1540

[691] folio 14 lines 1540 – 1542

[692] folio 14 lines 1542 – 1544

[693] folio 14 lines 1544 – 1546

[694] folio 14 lines 1547 – 1548

[695] folio 14 lines 1548 – 1549

[696] folio 14 lines 1549 – 1551

[697] folio 15 (3 (2) lines 1553 – 1554

[698] folio 15 (3 (2)  lines 1555 – 1557

[699] folio 15 (3 (2) lines 1557 – 1558

[700] folio 15 (3 (2) lines 1558 – 1560

[701] folio 15 (3 (2) lines 1561 – 1562

[702] folio 15 (3 (2) line 1563

[703] folio 15 (3 (2) lines 1564 – 1565

[704] folio 15 (3 (2) lines 1566 – 1567

[705] folio 15 (3 (2) lines 1567 – 1570

[706] folio 15 (3 (2) lines 1571 – 1572

[707] folio 15 (3 (2) lines 1573 – 1575

[708] folio 15(3 (2)  lines 1575 – 1576

[709] folio 15 (3 (2) lines 1576 – 1578. These lines are unintelligible

[710] folio 15 (3 (2) lines 1578 – 1580. These lines are partly unintelligible

[711] folio 15 (3 (2) lines 1581 – 1582

[712] folio 15 (3 (2) lines 1582 – 1585

[713] folio 15 (3 (2) lines 1585 – 1587. These lines are partly unintelligible

[714] folio 15 (3 (2) lines 1588 – 1591

[715] folio 15 (3 (2) lines 1592 – 1595

[716] folio 15 (3 (2) lines 1595 – 1597

[717] folio 15 (3 (2) lines 1598 – 1599

[718] folio 15 (3 (2) lines 1600 – 1602

[719] folio 15 (3 (2) lines 1603 – 1605

[720]  folio 15 (3 (2) lines 1606 – 1608

[721] folio 15 (3 (2) lines 1608 – 1610

[722] folio 15 (3 (2) lines 1611 – 1613

[723] folio 15 (3 (2) lines 1614 – 1618

[724] folio 15 (3 (2) lines 1619 – 1620

[725] folio 15 (3 (2) lines 1621 – 1622

[726] folio 15 (3 (2) lines 1623 – 1627

[727] folio 16 lines 1627 – 1628

[728] folio 16 lines 1628 – 1629

[729] folio 16 lines 1630 – 1632

[730] folio 16 lines 1632 – 1633

[731] folio 16 lines 1633 – 1634

[732] folio 16 lines 1635 – 1636

[733] folio 16 lines 1636 – 1637

[734] folio 16 lines 1637 – 1638

[735] folio 16 lines 1638 – 1639

[736] folio 16 lines 1639 – 1640

[737] folio 16 lines 1640 – 1641

[738] folio 16 lines 1641 – 1645

[739] folio 16 line 1646

[740] folio 16 lines 1647 – 1650

[741] folio 16 lines 1651 – 1653

[742] folio 16 lines 1654 – 1655

[743] folio 16 lines 1655 – 1656

[744] folio 16 lines 1657 – 1658. These lines are partly illegible

[745] folio 16 lines 1658 – 1659. These lines are partly illegible

[746] folio 16 lines 1660 – 1661

[747] folio 16 lines 1661 – 1662

[748] folio 16 lines 1662 – 1664

[749] folio 16 lines 1665 – 1667

[750] folio 16 lines 1668 – 1669. These lines are partly illegible

[751] folio 16 lines 1670 – 1672. These lines are partly illegible

[752] folio 16 lines 1672 – 1676. These lines do not make sense entirely

[753] folio 16 lines 1676 – 1677

[754] folio 16 lines 1677 – 1679

[755] folio 16 lines 1679 – 1681

[756] folio 16 lines 1681 – 1682

[757] folio 16 lines 1682 – 1685

[758] folio 16 line 1686

[759] folio 16 lines 1687 – 1688

[760] folio 16 line 1688

[761] folio 16 lines 1688 – 1691

[762] folio 16 lines 1692 – 1696

[763] folio 16 lines 1696 – 1697

[764] folio 17 (4 (2) lines 1699 – 1700

[765] folio 17(4 (2) lines 1701 – 1702

[766] folio 17 (4 (2) lines 1702 – 1704

[767] folio 17 (4 (2) lines 1704 – 1705

[768] folio 17 (4 (2) lines 1706 – 1707

[769] folio 17(4 (2) lines 1708 – 1709

[770] folio 17 (4 (2) lines 1710 – 1712

[771] folio 17 (4 (2) lines 1713 – 1715

[772] folio 17 (4 (2) lines 1715 – 1716

[773] folio 17 (4 (2) lines 1717 – 1719

[774] folio 17 (4 (2) line 1719

[775] folio 17 (4 (2) lines 1719 – 1720

[776] folio 17 (4 (2) lines 1720 – 1722

[777] folio 17 (4 (2) lines 1723 – 1726

[778] folio 17 (4 (2) lines 1726 – 1729

[779] folio 17 (4 (2) lines 1730 – 1731

[780] folio 17 (4 (2) lines 1731 – 1732

[781] folio 17 (4 (2) lines 1733 – 1734

[782] folio 17 (4 (2) line 1734

[783] folio 17 (4 (2) lines 1734 – 1735

[784] folio 17 (4 (2) line 1736

[785] folio 17 (4 (2) lines 1736 – 1737

[786] folio 17 (4 (2) lines 1737 – 1739

[787] folio 17 (4 (2) lines 1739 – 1741

[788] folio 17 (4 (2) lines 1741 – 1742

[789] folio 17 (4 (2) lines 1742 – 1743

[790] folio 17 (4 (2) lines 1744 – 1745

[791] folio 17 (4 (2) lines 1746 – 1747

[792] folio 17 (4 (2) lines 1748 – 1750

[793] folio 17 (4 (2) lines 1750 – 1751

[794] folio 17 (4 (2) lines 1752 – 1754

[795] folio 17 (4 (2) lines 1754 – 1755

[796] folio 17 (4 (2) lines 1755 – 1756

[797] folio 17 (4 (2) lines 1757 – 1759

[798] folio 17 (4 (2) lines 1759 – 1762

[799] folio 17 (4 (2) lines 1763 – 1769

[800] folio 17 (4 (2) lines 1769 – 1771

[801] folio 17 (4 (2) lines 1772 – 1774

[802] folio 17 (4 (2)/folio 18 lines 1774 – 1778

[803] folio 18 lines 1779 – 1780

[804] folio 18 lines 1780 – 1782

[805] folio 18 lines 1783 – 1784

[806] folio 18 lines 1784 – 1785

[807] folio 18 lines 1785 – 1789

[808] folio 18 lines 1789 – 1793

[809] folio 18 lines 1793 – 1795

[810] folio 18 lines 1796

[811] folio 18 lines 1797 – 1801

[812] folio 18 lines 1801 – 1804

[813] folio 18 lines 1805 – 1810

[814] folio 18 lines 1810 – 1813

[815] folio 18 lines 1813 – 1814

[816] folio 18 lines 1814 – 1815

[817] folio 18 lines 1815 – 1817

[818] folio 18 lines 1817 – 1820

[819] folio 18 lines 1821 – 1823

[820] folio 18 lines 1823 – 1827

[821] folio 18 lines 1827 – 1828

[822] folio 18 lines 1829 – 1832

[823] folio 18 lines 1832 – 1837

[824] folio 18 lines 1838 – 1842

[825] folio 19 lines 1843 – 1844

[826] folio 19 lines 1845 – 1846

[827] folio 19 lines 1847 – 1848

[828] folio 19 lines 1848 – 1850

[829] folio 19 lines 1851 – 1853

[830] folio 19 lines 1853 – 1856

[831] folio 19 lines 1856 – 1858

[832] folio 19 lines 1859 – 1861

[833] folio 19 lines 1861 – 1863

[834] folio 19 lines 1863 – 1866

[835] folio 19 lines 1867 – 1872

[836] folio 19 lines 1872 – 1874

[837] folio 19 lines 1875 – 1876

[838] folio 19 lines 1876 – 1878

[839] folio 19 lines 1877 – 1878

[840] folio 19 lines 1878 – 1880

[841] folio 19 lines 1880 – 1884

[842] folio 19 lines 1884 – 1885

[843] folio 19 lines 1885 – 1886

[844] folio 19 lines 1887 – 1890

[845] folio 19 lines 1890 – 1891

[846] folio 19 lines 1892 – 1893

[847] folio 19 lines 1894 – 1895

[848] folio 19 lines 1895 – 1896

[849] folio 19 lines 1896 – 1899

[850] folio 19 lines 1900 – 1904

[851] folio 19 lines 1904 – 1905

[852] folio 19 lines 1905 – 1907

[853] folio 19 lines 1907 – 1908

[854] folio 19 lines 1909 – 1910

[855] folio 19 line 1910

[856] folio 19 lines 1912 – 1916

[857] folio 19 line 1916

[858] folio 19 line 1917

[859] folio 19 lines 1918 – 1919

[860] folio 19 1919 – 1920

[861] folio 20 lines 1921 – 1936. These lines are only partially legible and need to be read at the National Archive

[862] folio 20 lines 1934 – 1936

[863] folio 21 lines 1938 – 1939

[864] folio 21 lines 1942 – 1943

[865] folio 21 line 1943

[866] folio 21 lines 1944

[867] folio 21 lines 1944 – 1945

[868] folio 21 lines 1946 – 1947

[869] folio 21 line 1948

[870] folio 21 lines 1948 – 1950

[871] folio 21 lines 1951 – 1952

[872] folio 21 lines 1952 – 1956

[873] folio 21 lines 1957 – 1958

[874] folio 21 lines 1958 – 1959

[875] folio 21 lines 1960 – 1961

[876] folio 21 lines 1961 – 1962

[877] folio 21 lines 1963 – 1964

[878] folio 21 lines 1964 – 1966

[879] folio 21 lines 1967 – 1969

[880] folio 21 lines 1969 – 1970

[881] folio 21 line 1970

[882] folio 21 lines 1970 – 1971

[883] folio 21 line 1971

[884] folio 21 lines 1972 – 1973

[885] folio 21 line 1973

[886] folio 21 lines 1974 – 1976

[887] folio 21 lines 1976 – 1977

[888] folio 21 lines 1978 – 1979

[889] folio 21 lines 1979 – 1981

[890] folio 21 lines 1982 – 1983

[891] folio 21 lines 1983 – 1985

[892] folio 21 lines 1986 – 1987

[893] folio 21 lines 1987 – 1989

[894] folio 21 lines 1990 – 1994

[895] folio 21 line 1994

[896] folio 21 lines 1994 – 1997

[897] folio 21 lines 1998 – 2000

[898] folio 21 lines 2001 – 2005

[899] folio 21 lines 2006 – 2007

[900] folio 21 lines 2007 – 2008

[901] folio 21 lines 2008 – 2010

[902] folio 21 lines 2011 – 2014

[903] folio 21 lines 2014 – 2015

[904] folio 21 line 2016

[905] folio 21 line 2017

[906] folio 21 line 2017 – 2018

[907] folio 21 line 2019