Fordington Manor - West Mills: Churchill v Eymes [Eames] [1599]

Defendants : Thomas Eymes, William Windsor, John Windsor, William Burd, William Crymell, Robert Ingram, Stepn. Fate, William Collins, John Ingram

Subject of depositions: Manor of Fordington (Dorset). Touching the custom of "suit and grist" to the ancient mills, called "The West Mills." Alleged infringement of custom.

County/place: Dorset

Date of Commission: 12 February 1599

Additional Information: interrogatories and depositions taken 17 Apr 1599 at Dorchester.

Deponents(s): William Myller; John Churchill; William Clowther; John Lawrence; William Buscombe; John Tucker; Robert White; Robert Allyn.

Date: 27 Apr 1599

©All Images Peta Winzar - Feb 2025

John Ryves,   Max: Moone

E134/41 Eliz/East 21 [17 April 1599]
Interr to be ministered of the pte and behalfe of Willm Churchill [___] agaynst Willm Burde John Winsor and others//
defendante

Imprimis whether doe you know the parties playntiffe and defendante

2.    Item whether doe you knowe one myll in Fordington in the county of dorset comonly //
called the 'west myll' and whether is the same parcell of her ma[jest]ties manor of Fordington.

3.    Item whether doe you knowe or have you heard that the west mylles of Fordington //
were the customary mylles for the tenants of Fordington And whether have you hard //
howe the custome was broken and by whom have you harde the same.

4.    Item whether have you hearde complaynte was made to Mr John Samwayes that //
some of the Tenants of Fordington did grynd from her ma[jes]ties saide mylles and what //
was Mr Samwayes Answer to the saide complaynte and how longe is it since //
Mr Samwayes made such Answere and was Mr Samwayes understeward of Fordington and how longe was he understewarde //

5.    Item whether doe you know or have you hearde that any hath p[er]suaded any of //
the tenants of Fordington to grynde from her Ma[jes]ties mylles called the west mylles //
and if you have heard so then from whom have you hearde the same and what //
was his or their name or names that so p[er]suaded the tenante to grynde from //
her Ma[jes]ties mylles

6.    Item whether have you hearde that uppon warning given of the executing of the //
Commission ffourteene dayes before the execucon thereof, any did saye that the tenante //
Should not attend the commisson and what was his name that gave such speeches

7.    Item whether doe you knowe or have you hearde that some have p[er]suaded the //
tenants of Fordington to absent themselves from the comisson and what be //
their names that tolde you so and what be their names that so did p[er]suade them.

8.    Item whether doe you knowe that the millers of the sayd myll have byne usually //
amerced at the courte holden in and for the sayde manor for takinge of excessive Tole or not.

9.    Item whether you have seene or heard worde anncient courte Roles which doe //
testifie that the millers of the same myll have from tyme to tyme when occasion //
served bynne amerced in the courte of the same manor for takinge of excessive Tole

10.    Item whether of late yeres have not such p[er]sonnes as have kept the courte in the same manor //
amerced the millers or owners of the same myll for measures without viewing of the measures of the millers there and without any profe that the // measures were unlawful

11.    Item whether hath the complaynnt sent the measures of the same myll to the leete [court] in //
Fordington and what answers hath bynne made when they were brought.

12.    Item whether doe you know or have you heard that some have p[er]suaded such //
as have kept courte in and for the same manor that they ought not to amerce for //
excessive Tole but that theyre entrie of an amercement should be for not bringinge the//
millors measures or for having unlawfull measures and whether is the anncient //
courte or amersing for excessive tole now allowed and the entrye made for unlawfull //
measures or for want of bringinge of measures.

13.    Item whether doe you know or have you harde that Robert Cussonnes Willm //
Raskar John Windsor Willm Burde Nicholas Winsor Thomas Emmes Thomas //
Byshoppe and divers other of the Tenante of the same manor did usually grynde //
their corne at the saide milles and what can you saye conscerninge the same.

14.    Item whether you know or have you heard that any have required many //
or some of the tenante to help bear the charge of this sute agaynst the comp[lainan]t //
and yf denyall hath bynne made whether have that bynne threatened that did //
deny and what were the threatening and what be theire names which gave such //
threateninge

15.    Item what other thinge doe you know touching &or concerninge the matter in //
controversie


John Ryves        Max Moone ⁽¹⁾

Depociones taken at Dorchester in the County of Dorset the Seventeenth daye //
of Aprill the One and ffor[tieth] yere of the Reigne of or Sovergne Ladye //
Elizabeth by the grace of god [Que]ene of England France and Irelande //
defendresse of the faith per vis__ John Ryves Maximilian Mone gent by //
vertue of her ma[jes]ties commission to them and others directed out of her ma[jes]ties courte //
of Exchequer //

William Myllor [Miller] of Dorchester in the County of Dorset yeom[an] aged threescore yeres [i.e. born ~1539] or // thereabouts sworn and examined to the first interrogacon he sayeth that he knoweth the //
p[ar]ties plaintiffe and defendants. //

To the second he sayeth that he knoweth one myll in Fordington in the County of //
Dorset commonly called the west mylls and that that those mylles are p[ar]cell of her ma[jes]ties manor of //
Fordington.//

To the third he saieth that he hath always heard that the west mylls of Fordington //
were the customary mylles for the tenants of Fordington and sayeth further that he heard //
John Windsor one of the defendants saye that the custom was broken by //
taking of the said mylles by lease of her ma[jes]tie //

To the ffourth he saieth that one Clowter, loder of the said mylles and servant of //
Mr John Samwayes being tenant of the same mylles came unto this deponent mothers //
^in Fordington aforesaid^
hawse and required her gryste to the myll, this deponents mother denying to send //
her gryste to the mylle, the saide Loder sayde that he would bring his Toll dyshe and //  
take his Tole there right of her gryste and thens after she should grynde at what //
myll she would whereupon ever after she did grynde at the said mylles and that //
those words were used unto this deponents mother about some fforty yeres sithence //
or thereabouts //

To the eighth he sayeth that he hath credibly hearde that the millors of the saide //
Myll have bynne usually amerced at the courte holden in and for the manor of  //
Fordington for taking of excessive Tolle //

To the sixt Interogacon he sayeth that upon warning given by //
himself of the executinge  of the of the commission fourteene dayes before thexecuton thereof //
Roger Keate gent one of the tenants of Fordington told this deponent that the //
tenants should not attend the commission sayinge that yt was theire commission whereupon //
this deponent replied that he was willed to give them such warninge by one of better knowledge //
than himself and uppon further speeche told the saide Roger Keate that yt //
was the playntives commission and not the defendante the playntiffe doubting //
that the defendants would use some delaies in not executing of theire commission //

William Clowter of Fordington aforesaid husbandman aged fforty ffive yeare or //
thereabouts [i.e. born ~1554] sworne and examined to the first interrogatory he saieth that he knoweth //
the p[ar]ties plaintiffe and defendants //

To the second he sayeth that he doeth well knowe one myll in Fordington in the county //
of Dorset comonly called the west mylles and that the same mylles are p[ar]cell of her //
Ma[jes]ties manor of Fordington //

To the thirde he sayeth that he doeth knowe and hath hearde from his father having bynne //
Loder and Gryster to the saide mylles that the saide mylles were the customary mylles for the //
tenante of Fordington, And that he hath hearde dyvers of the best of the tenants saye that //
the custome was broken by takinge of the said mylles by lease beinge formerly lette by  //
coppy //

To the fowerth he saiete that he hath hearde his father saie that uppon complaynte //
made by him unto mr John Samwaies then tenant to the said mylles this deponents father //
beinge then his servant and loder to the said mylles that some of the said tenants refused //
to grynde their corne at the saide mylles mr Samwaies Answered this deponents //
father that he should goe unto theire wynnowyng shelter And yf they denyed him //
theire gryste he should then take his Tole of them and then leave them to theyre //
Liberty to grynde where they lysted //

To the eleventh he saieth that this deponent carried by the commandem[en]t of the //
compl[ainan]t his master beinge his gryster the measures at the same myll to the Leete //
in Fordington and there attended untill the end of the saide Leet where demanding //
of the Steward and other officers taking m___ ___ courte what should be done //
with the saide measure beinge brought there uppon theire companndemts [?commandments?] Answer //
was made unto this deponent that he should for that tyme carry them home agayne //
and attend some other tyme //

To the Thirteenth he saieth that this deponent having bynne gryster to the //
saide mylles by the space of ffower yeres last past and yet soe remaining knoweth //
that Robert Cussonnes William Raskar John Windsor William Burde Nicholas //
Windsor Thomas Emmes Thomas Byshoppe and divers other of the tenante of //
the said manor have usually and for the most p[ar]te by all the saide tyme grounde //
theyre corne at the saide mylles //

John Lawrence of Dorchester aforesaid miller aged fforty yeres or thereaboute [i.e. born ~1559] //
sworne and examined to the First interrogatory he sayeth that he knoweth the  //
p[ar]ties playntiffe and defendants //

To the seconde he saieth that he doeth knowe one myll in Fordington in the county //
of dorset comonly called the West mylles and that the same is p[ar]cell of her ma[jes]ties //
manor of Fordington //

To the Thirde he saieth that he hath always hearde the west myll of Fordington //
to be the customary mylles for the tenants of Fordington __ further saiete that //
he hath hearde divers of the Tenants say that theyre custom ___ __ for the__ __ //
saide mylles were taken by lease which was ___ ___ usually ___ ___ //

To the Thirteenth he saieth that he knoweth __ Rascar John Winsor Willi__ //
Burde Nicholas Windsor ___ ___ Thomas Byshoppe and other //
___ of the tenante __ __ p[ar]te did usually grynde at the sayde mylles //

[five paragraphs tacked to the bottom of this folio on a separate membrane are very faded – no attempt at transcription.

This may be the testimony of William Buscombe who is listed as a deponent on the UKNA item description in Discovery]

Folio 6:  [This folio is torn on the left-hand margin and badly faded on the right margin]

Deposicones of wyr__ ___ ___ ___ ___ //
In the xljth yere of the Regne ___ ___ ___ Elizabeth the Quene ___  //
___ that nowe is before us John __ & __ __ ___ ___ by the //
___ her ma[jes]te commission out of her exch___ ___ ___ ___ ___ //
___ Maximilia_ Moone & John Ryves gent ___ ___ ___ ___ //
__ witnesses between William Churchill gent playntiff ___ Thomas Emes //
John Winsor William Burde Nich___ Winsor defendants //

John Tucker of Forthington in the Countye of dorset husbandman aged threescore twelve yeres upwards [i.e.born ~1527] sworne //
& examyned to the first inter sathe he doth knowe the manor of Fordington  and the west mylles __ the m___ ___ //
and hath knowen the same all the tyme of his remembrance for that he was born there and have contynued __ __ //
for the most p[ar]te of his life tyme and hath knowen the p[ar]tyes playntiffe and deff_ or longe ty___ ___  //

To the seconde inter this deponent saithe that he hath bin a loader unto the ___ milles of ___ //
[missing] __fielde, froome billet the ffryarie mylle at dorchester and the east mylle of Fordington sometyme  __ __ //
[missing] Abbott of Bindon And that his first ymployment in that service was above xl yeare past and [?] __ //
[missing] therein xii yeres or thereabouts During all wch tyme he this dep[onen]t did remove and Carry __ ___ //
[missing] of diverse of the customarye tenants of the manor of fordington to be ___ at horse __ __  //
[missing] And that in all the saide tyme he did then understand or knowe that the Costomary T__  //
[missing] saide mannor of fordington weare bound or Compelled by the Custome of the same [?] manor __ //
[missing] at the west mylles only but as this deponent thinkith they had lib[er]tye to their d__ __ //
[missing] Corne at any other mylles that they were disposed to make Choyce of And as so the ___ //
[missing] p[er]sonnes from whom he did so loade their Corne; he doth not nowe well remember for that __ //
[missing] any sithence //

[missing] _he thirde Inter he saithe he did knowe that John Samwayes in this Inter menconed was owner of the //
[missing] saide weste mylles And likewise Robte Samwayes father of the saide John Samwayes before him who  //
[missing] [po]ssessed & enioyed the said mylles until William Churchill nowe Complan[ant], bought the same, And that the saide //
John Samwayes was understewarde of the saide mannor of Fordington and did kape [keep] the courtes and lawe dayes //
^reason^
other by as longe ^ whiles he was owner & possessor of the saide mylles but the certaine tyme how long this //
deponent knoweth not And to the rest of the inter this deponent cannot saye anything //

To the iiijth Inter this depon[en]t saith that when he was loader unto the severall mylles above menconed he did //
often Carry the Corne of such of the Customary tenannts of the mannor of Fordington as were his //
customers unto the markette and from the markette as occasion did serve And oftentimes then slide Corne into the //
Fieldes in the tyme of wheate sowing, And that he hath known other loaders unto some or all of these severall //
mylles to have don the like And farther saith that he did knowe one Thomas Cloutter sometymes loader //
to the west mylles in like parte to Carrie the Corne of such of his Customers, as weare Customary tenannts of the //
same mannor of Fordington unto the markett and from the market and sometimes unto the plough as occasone //
served which the dep[onen]t did And as he thinketh the rest also did the sooner to please their Customers as to //
Continewe their Custome //

To the vth Inter he cannot depose //

To the vith Inter he saith that being a tenannt of the same mannor by the space of xxiij yeares or thereabouts and //
often of the quarteringe he hath not knowen or harde of ane p[re]sentment made by the homage or ___ at any [law?] //
daye or Court daye of the saide mannor that the saide weste mylles weare the Customary mylles of the saide mannor or //
that the Customary tenannt weare bound by the Custome of the same mannor to grinde their corne at the //
saide mylles but he hath harde mr John Samwayes sometymes  steward of the said mannor and then owner of the saide //
West Mylles and some there saye that the saide West Mylles weare the Customary mylles of the saide mannor notwithstanding //
he never knewe them used as Customary mylles, but that the Customary tenannts did grinde their Corne at sundry //
other mylles at their pleasure as he before hath saide //

To the viith Inter this deponent saith he Cannot saye more than before he hath deposed //

Robert White of Fordington in the Countie of Dorset loader aged lxix yeres [i.e. born c1530] sworne and examined //
p[er]d__ed unto the ij iiijth and vijth Inter saith //

To the first he sayeth he knoweth the complainat and defendants and the mannor of Fordington and the mylls there //
called the West mylles menconed in the inters [?] and hath known the same by the space of threescore yeres or thereabouts //
And the plaintiff and defend[an]ts longe tyme some more & some lesse //

To the iijth [sic] Inter he saith that he doth not know that the Customary were compelled or bound by the //
Costome of the saide mannor to grynde their Corne at the west mylles but that ___ at their owne __ //
to grinde there or __ where at their pleasure And that he hath knowen they have [?] grynde their Corne at the //
East myll and at the Fryarie myll sundrye tymes but what their names weare or howe longe tyme they contynewed //
grynding at those severall mylls this deponent knoweth not for that uppon ___ry occasiones or dislik they did //
often Channge //

To the iiij Inter he saith that the loaders of other mylles have commonly used to Carry the Corne //
of such the Customary ten[an]ts of Fordington whose Custom they had to the markett & from the markett //
and sometimes to the fieldes at pl[o]wing of wheate wch they did the latter to augment their wages and to//
Continewe their Custome And that he hath knowen the loaders of the West mylls to carry corne of their//
Customary tenants to & from the m[ar]kett & to the fieldes as aforesaide ___ ___ for the lik[e] Consideracon//
as the other loaders have don and this he knows to be true for he ___ ___ hath byn a loader ___//
the space of xxxviij [38] yeres or thereabouts as well unto the west mylls as __ unto the East mylles [of] //
Fordington the Fr[riary] mylles of dorchester & froome whitfielde mylls//

To thevijth Inter he saith he h___ had __ __ __of the__myll__ of//
Fordington, as of the West mylles have been amerced at the Court__ __ __ __ __//taking of excessive toleAnd more to theInterthan this__ __ __ __ __ __ __ __ __//

Robert Allin [?] of Charminster in the county of Dorset husbandmanage lxx yeres [i.e. born c1529] or thereabouts//
sworne & examined & p[ro]duced to the ii __ iiij Inter he saith [blank]//

Johes Willyams

Jorge s

Freke [?]