Fordington Manor - Churchill v Bitchgood [1612]

Witness Depositions taken Feb 1611/12

© Trancribed and images by Peta Wizar - Feb 2025


The National Archives (UK) E134/9Jas1/Hil 15 Exchequer. King’s Remembrancer.
Depositions taken by Commission. James 1.
Short title: Churchill vs Bitchgood [1612]


Summary: the document is a record of the witness depositions [William Byrd, John Wynsor, Robert Allen of Charminster, Roger Wynsor, William Clowter (miller) and Luke Bower of Dorchester (baker)] taken at Dorchester in February 1611/12 in a suit brought by John Churchill, gent, against some of the tenants of Fordington manor for not grinding their corn at Churchill’s West Mills.

The defendants in the case were Christopher Rasker, Thomas Eames, Robte Bitchgood, Nicholas Wynsor, Henry White, Marye Savage widow, and Cristian Cozins widow.There are two sets of Interrogatories, one for the defendants and one for the complainant.

The document comprises 14 folios. It is in very good condition but some words are obscured by the fastener at the top left corner of each folio. Parts of folio 3 are difficult to read and the ink has been lost from the foot of folio 13.

    Folio 1:   [is in Latin and has not been transcribed.]

    Fordington Manor Churchill v Bitchgood Folio 1
    ©All Images Peta Winzar - Feb 2025

    Folio 2:    [Sets out the names of the Commissioners:]

    Thomas Barnes,   Angell Smith,  Jo Notley,   Will Glesone

    Fordington Manor Churchill v Bitchgood Folio 2


    Folio 3:   [Sets out the questions to be answered by the Tenants:]

    Fordington Manor Churchill v Bitchgood Folio 3


    [obscured] to be mynystered unto wytnesses p[ro]duced on the behalf of xpofer [Christopher] Rasker, Thoms //
    [obscured]mes Robte Bitchgood Nicholas Wynsor Henry White Marye Savage wydowe and Cristian //
    Cosens wydowe defend[an]te Against John Churchill gent Compl[ainan]t

    Imprimis.   [In the first place] whether do you knowe the saide Compl[ainan]t & defend[and]te and whether doe you knowe the manor of Fordington //
    in the county of dorsett & certeyne mylles there comonly called theWest mylles how longe you have knowne the//
    saide manor and mylles//

    2. Itm   whether or not the saide West mylls conteyne Two Tenem[en]ts wth thapp[ur]tenances And what are the said West//
    Mylles wth the land other p[ro]fyyts there unto belonginge yerelie worth in all manner of p[ro]fytte to your knowledge //
    or in your estymacone as you doe credibly understand and beleve//

    3. Itm   whether doe you knowe that the Customarye Tennte of Fordington at anye tyme duringe your knowledge//
    byn bounden or compelled by anye custome used wthin the same mannor to grynde their corne as they spend in theire //
    howses at the saide West mylles or hath there byn no such custome used wthin the said manor duryinge the tyme //
    of yr knowledge or tyme out of mynde as you have crediblie heard And whether hath not the saide customarye Tennte //
    duringe all the tyme aforesaide byn alwayes att libertye to grynde their saide corne att anye other myll where //
    they thought good att theire pleasure And whether have you knowen that the saide customarye tennte or dyvers__ //
    anye of them have used to grynde theire said corne att anye other mylles and not at the saide West mylles name//
    them p[ar]ticularlie att what other mylles they or anye of them did so grynd & howe longe they contynewed to how longe //
    is ytt seythence ^who were the loders to the said West mylle^ & howe you doe knowe it to be or what have you crediblye heard thereof or what now you saye to anye//
    Lte of this Interrogatorye or anye cyrcumstance concernynge the same //

    4. Itm   whether doe you knowe that one John Samwayes gent was some tyme owner and possessor of the saide //
    West mylles when or howe longe was he so owner or possessor of the saide West mylles And whether did he att any //
    tyme or tymes gave grannte or lett anye lande or meadowes or pasture for any sheepe or cattell or sayle anye lande wch //
    hyis solde or other wyse gave or use anye other consideracon or recompense to or for anye of the customarye tennte //
    because they shoulde grynde theire saide corne att the saide West mylles declare the whole manner therof p[ar]ticularlie //
    And what and to whome it was so geven and grannted and letten And whether was not the same so geven grannted or //
    letten at much lesse pryce or valewe then ytt was worth because the saide customarye tennte who had the//
    same shoulde grynde their saide corne att the saide West mylles declare what you know or cons__or have //
    heard thereof or of anye cyrcumstance thereof 

    5. Itm   whether was not the saide John Samwayes under steward of the saide manor of Fordington and __ //
    keepe the lawe daye Court & the Courte Barron of the saide manor by __ __ And //
    whether were not you dyvers & sundry tymes att the lawe daye Court of the saide manor [where?] the saide //
    Mr Samwayes was understewarde there and att other tymes before or sythence And have you not heard o runderstood //
    that the saide John Samwayes did dyvers and sundry tymes att ___ ___ ___ ___ Tennte //
    of the saide mannor That they would grynde theire corne att the saide West mylles ___ ___ ___ that yf //
    they woulde so do they should be as well used as they were att anye other mylles ___ ___ ___ ___ //
    Carye theire saide corne afeilde to the saide Customarye tennte plough___ that ___ ___ ___ //
    sowinge and so lyke wyse to & fro dorchester markett ___ ___ and the __ millers or loders at//
    anye other mylles who did grynde the saide Customarie Tennte corne___ ___And whether did//
    not the millers & loders of the saide West mylles att the tyme that the saide John Samwayes held the saide //
    West mylles by a longe season & howe longe and after that by longe season in the lyfe t__ __ __ whether //
    deceassed father of the Compl[ainan]t by howe longe tyme carye the ^saide^ corne of such of the saide Customarye tennte //
    as did grynde theire corne att the saide West mylles Afield to the ploughes in the tyme of wheate sowinge //
    yerelie and lyke wyse to & from the markett att dorchester from tyme to tyme ___ other myllers or //
    loders of other mylles dyd that dyd grynde the corne of anye of the saide Customarye Tennte should //
    ^and what were the names of the __ of the saideWest mylles And what^ pr[__]indite [/]
    or hindrance doe you thinke in your cons___ is & will be yf the saide Customary Tennte should //
    not have theire seed corne caryed afield to their ploughes att the tyme of wheate sowinge__ the //
    same att large whether the cyrcymstances & reasons thereof and to every p[ar]te of this Interrogatorye

    6. Itm    whether have you not byn att the lawe daye Courte of the saide manor dyvers and sundry tymes //
    howe manye yeres as you doe think or remember And whether when anye speech or mocyn hath byn //
    that the Customarye Tennte of the same manor should grynde theire corne att the said West mylles //
    was ytt not alwayes from tyme to tyme denyed and maynteyned to the contrary as well by those that //
    were of the grande jurye from tyme to tyme as by others then of the homage that the customarye //
    Tennte were not bounde nor compelled by any custome ever used wthin the said manor eyther in //
    the tyme of theire remembrance or of theire forefathers and Ancestors as their saide forefathers //
    and Ancestors had from tyme to tyme by all the tyme of the memory of man told the saide //
    customarye Tennte And also that by all the tyme aforesaide the Customarye tennte of the saide //
    manor have byn att libertie to grynde their corne att anye such mylles as they should be //
    disposed to make choyse of att theire pleasure declare what you can saye or have credibly heard //
    touching anye matter conteyned in this Interrogatory or anye cyrcumstance thereof

Folio 4:   [Continuation from Folio 3]

Fordington Manor Churchill v Bitchgood Folio 4


    7. Itm   whether do you knowe or remember of anye suytt that heretofore [obscured] //
    p[ro]secuted by bill of Complaynt att the suytt of Willm Churchill deceased father of the nowe [obscured] //
    against Thoms Eames Willm Wynsor John Wynsor and some other of the Customarye Tennte of the //
    saide mannor Then defend[an]te for not gryndinge att the said West mylles in such manner in effecte as //
    the nowe compl[ainan]t bill doth conteyne against the nowe defend[an]te And whether were not one //
    Willm Myller Wllm Clowter John Lawrence and Willm Bascomb then deposed as wytnesses //
    for and in behalfe of the saide Willm Churchill then compl[ainan]t And whether were they the//
    saide Willm Myller Wllm Clowter John Lawrence and Willm Bascomb or anye or other //
    of them p[ar]tners or former to or of anye p[ar]te of the p[ro]fytts of the saide West mylles or of anye //
    land thereunto belonginge or were they or anye of them myllers or loders ~~~~ //
    ~~ to the saide West mylle or ^to any of the mylles^ of the saide Willm Churchill declare your knowledge thereof//
    to every poynte of this Interrogatorye respectyvely &p[ar]ticularlie //

    8. Itm   whether are not you any p[ar]tner or former to or wth the said nowe compl[ainan]t of or to //
    the saide West mylles or of any p[ar]ttep[ro]fytt thereof or of anye land there unto belonginge //
    or of anye other mylles of the said compl[ainan]t or are you not myller gryster or Loader to the //
    saideWest mylles orto anye other of the saide Compl[ainan]t mylles or myll declare the truth xx//
    thereof in every pointe p[ar]ticularlie//

    9. Itm   whether was the said defend[an]t Christian Cosens wydowe any free tennte or xx //
    customarye or copie holde Tennte of or in the saide mannor of Fordington att the tyme of //
    the comensment or begyninge of this suytt or att anye tyme seythens And what els doe you //
    knowe can you saye or have you heard concernynge anye matter or thinge conteyned in the //
    Interrogatory aforesaid or anye of them or other wyse in the behalfe of the saide defend[an]te //
    touching the matter nowe in warhante betwene the said Compl[ainan]t and defend[and]te declare the //
    same p[ar]ticularlie wth the cyrcumstance thereof//

    Angell Smith    Tho Barnes    Will Glesone    Jo Notley


Folio 5:   [Sets out Tenant Depositions]

Fordington Manor Churchill v Bitchgood Folio 5

      Deposicones of witnesses taken at Dorchester in the County of Dorset //
      The twenteth daye of Januarij in the Nynth Yeare of the Raigne of our Souveraigne//
      Lord James by the grace of god kinge of England France & Ireland defendor of the //
      faith per and of Scotland the Fyve & forteth Before Us Angell Smith Thomas //
      Barnes John Notley
      & William Glesson gent by vertue of his Ma[jesty]s commission unto us //
      directed out of his highneshonorable court of Exchequer for the examininge of //
      witnesses touching a cause there depending Betwene John Churchill Esq //
      Ex p[ar]te defens Compl[ainant] & Robt Bichgood Nicholas Winsor Xpofer Rasker & others defend[an]tsas follows //
William Byrde of Fordington in the Countye of dorset yeoman aged Fiftie three yeares or thereaboute//
sworen & ex[amine]d//


    To the first inter he saith that he knoweth the pties pl[aintiff]& defend[and]ts and hath known them all by the //
    space of Twenty yeres and upwards, and likewise knoweth the mannor of Fordington and certaine //
    mills there comonly called the West mills in the Inter mencioned And hath knowen the said mannor and //
    mills all the tyme of his remembrance (beinge born at Fordington and ever sithence dwellinge there //

    2.   To the second Inter he saith that the said West mills doe conteyne two tenements wth thappurtenances //
    the one commonly called a whole place & the other a halfe place, and have benn in tyme (as this //
    depon[en]t hath heard) customarye tenem[en]ts (of the said mannor of Fordington wch said mills wth//
    thappurtenances & p[ro]fitts to them belonginge have ben and are commonly accompted to be worth Fiftie //
    pound p Annu and so are nowe worth in this deponents estimacon//

    3.   To the third Inter he saith that the customarie Tennants of Fordington have not ^at^ anye tyme //
    duringe the tyme of his knowledge ben bounde or compelled by anye custome used wthin the //
    said mannor (for any thinge this depon[en]t ever heard or knowe) to grynd theire corne wch //
    they spend in theire howses at the said West mills, neither hath there ben any such custome //
    used wthin the said mannor tyme out of mynde, as this deponent hath credibly heard And farther //
    saith that the said customarie tenants have alwaies by all the tyme of this depon[en]ts knowledge //
    ben at libertye to grynde theire said corne at anye other mill where they thought good, And //
    saith that he hath knowen divers of the said customarye tennante namely one Robert Cosens Robrt //
    Ingram Peter Savage Mr Roger Kete
    & Thomas Eames about sixe yeares past and so divers //
    yeares sithence to have used to grynde their corne at other mills, viz at the Friary mill //
    in dorchester and at Froome mills and not at the [erased] said West mills, ( one //
    John Middleton & one Anthonye Diggatt beinge then Loader sat the said Friary mill and one //
    Robert Hosier beinge then Loader at Froome mills aforesaid) And farther saith that he //
    knoweth of his owne knowledge that this depon[en]ts father in his life tyme(nowe deceased //
    about thirtie yeares since) did grynde his said corne from the said West mills at other mills//
    nere thereabouts //

    4.    To the fowerth Inter he saith that about forty yeares since he knowe Mr John Samwaies //
    menconed in this inter to be owner & possessor of the said West mills wch mills the said John //
    Samwaies held of this depon[en]ts knowledge for the space of twelve yeares at the least And //
    saith that his this dep[onen]ts said father about forty yeares since did holde c[er]ten arrable landes //
    lyinge in Fordington field belonginge to the said West mills from the said Mr Samwaies about the //
    quantity of fower acres wch his said father so held about tenne yeares together at the yerely //
    rent of twenty pence or two shillings at the most for enye acre and this dep[onen]t saith that he //
    often heard his ^said^ father in his lifetime say that he held the said grounds of the said Mr Samwaies //
    at so low a price in consideracon that his said father was to grinde his said corne wch he//
    spent in his howse at the said West mills And farther saith that about forty yeares //
    since he heard Roger Seager of Fordington (beinge then a Customarye //
    tennant there) say that he in like part held about two acres of the arrable grounde belonginge //
    to the said West mills in Fordington aforesaid from the aforenamed Mr Samwaies at the like //
    yearely rent, & this dep[one]nt saith that he then likewise heard the sonnes of the said Seager //
    (who manured the said grounde) say that their father held the said grounde at so small a yerely rent //
    in respect that their father had p[ro]mised to grinde all his corne wch he spent in his howse //
    at the said West mills wch said arrable grounde so lett as aforesaid were then of this depon[en]te //
    knowledge worth three shillings fower pence the acre p Annu //

    5.    To the fifth Inter this deponent saithe that tha fore named John Samwayes was of this //
    Deponents knowledge about fyve and forty yeares since under Steward of the said mannor //
    of Fordington and did keepe the lawe daye Courts and the Courts Barron of the said mannor //
    there by the space of twelve yeares together and upwards And this deponent saith that he //
    hath ben divers tymes at the lawe daye courts of the said mannor whilst the said Mr Samwaies //
    was under Steward there And at dyvers other tymes sithence and saith that thirtie //
    yeares since and upwards he heard dyvers of his neighbours saye that the said Mr Samwaies //
    had divers tymes in the open Court made Request unto the Customarye Tennants there that they //
    would grynd theire corne at the said West mills and that he did make p[ro]mise that if they //
    would soe doe, they should be as well used as they were at anye other mylls, and that his //
    Loader should Carrie there seed corne a field to the customarye Tennante plowghes yearely //
    in the tyme of wheate sowinge, and soe likewise to and from dorchester markett in as good //
    part as the millers or loaders of any other mylls did or would And further saith that the Loaders of //
    the said mr Samwaies West mylls for the space of Tenn yeares together before the death of the //
    said Mr Samwaies who deceased about fyve and twentie yeares synce of this deponents knowledge //
    Carrye the seed corne of divers of the Customarye Tennants (who did grind theire corne//
    at the said West mylls) a feild to their plowghes in the tyme of wheate sowinge //
    yearely, and likewise to and from the dorchester markett And that this deponent saith that he//
    Remembreth well that one Willm Howlett was then and longe before Loader of the said //
    West mylls and farther saith that he thinketh in his conscience that every customarye //
    Tennant, who soweth about sixteene or eighteene Acres A season (as this deponent doth) //
    if he should be compelled to grynde his corne at the said West mylls and not have his ^said corne carried to^ //
    Fielde to his plowghes at wheate sowinge tyme & to and from dorchester markett, should be //
    p[re]judiced and hindered yearely to the valewe of Five shillings and soe should others sowinge //
    more or lesse quantity be hindered accordinge to that proportion//

    6.    To the 6th Inter this deponent saith that about two yeares before the decease of Mr Willm Churchill [missing]//
    father of the pl[ain]t[iff] this deponent was p[re]sent at Court held for the said mannor of Fording[ton] //
    when and wheare the said Mr Willm Churchill made Request unto all the Customarye Tennant //
    of the said mannor that they would grynd theire corne at the said West mylls signifying to//
    them that he was at a greate Rent and that he could not spare his Rent if they would not //
    grynd their corne wth hym, as by custome they were bound as it by approved by his //
    the said Mr Churchill[s] lease, when unto the homage the Tennants there assembled (whereof this deponent //
    was one) made answer that if he would be contented to continue the carrying of theire saide corne//

    Angell Smith
    Tho Barnes
    Will Glesone
    Jo Notley

Folio 6:   [Continuation of William Byrde's Deposition]

    Fordington Manor Churchill v Bitchgood Folio 6


    To their ploughes at wheate sowinge tyme & to and from the markett at dorchester as in former tyme //
    he had done, (wch this deponent saith of his knowledge that the said Mr Willm Churchill ___ of the said //
    West mylls did for the space of five or sixe yeares together before that tyme) that then they wou[ld] //
    be contented to grynd wth hym Rather than with another whereunto the said Mr Churchill Replied //
    that it was graunted unto hym uppon his lease & that he could and would compell them //
    Unto it And the said tennants Answered hym that they had byn alwayes & Free & that //
    neither had byn nor would be tyed to such an Inconvenyence//

    7.    To the seaventh inter this deponent sayth that he remembreth well that there was heretof[ore ] //
    such a sute as is menconed in this Inter brought & executed by bill of compl[ain]t at the suite //
    said Willm Churchill Comp l[ainan]t, against Thomas Eames, Willm Wynsor John Wynsor this deponent //
    and divers other Customary Tennants of the said mannor the defend[an]ts for not gryndinge at //
    the sd West mylls in such manner in effect as the nowe Compl[ainan]t bill doth conteyne against the //
    nowe defend[and]ts And Remembreth well that Willm Myller Willm Clowter John Lawrence and //
    Willm Bascombe menconed in this Inter were all at dorchester at the Commyssyon then held for the //
    examinaconofwitnesses inthat cause and heard that the said Willm Clowter [obscured by fold] //
    examyned as a witnesse in the behalfe of the said Willm Churchill but sayth that he knoweth //
    the said Willm Myller Clowter Lawrence and Bascombe verye well wch Willm Miller did (at //
    that tyme) Rent p[ar]te of the said West mylls from the said Mr Willm Churchill and the said Clowter //
    was at that tyme gryster of the said West mylls And the said Lawrence was at the same tyme //
    gryster and Bascombe Loader of the said Mr Willm Churchills other myll called the East mylls//

    8.    To the eighth Interogatorye he was not p[ro]duced nor examined

    9.    To the nynth Interogatorye this deponent sayth that Christian Cozins widdowe menconed in this Inter //
    was not any Free Tennant Customarye or Coppiehold tennant of or in the said mannor of //
    Fordington at the tyme of the beginninge of this Suite not at anye tyme sithence//
John Wynsor of Ffordington in the Countye of Dorset husbandman of the age of //
threescore & fourteene ^yeeres^ or thereabouts produced to the first seconde third fowerth fyfth//
sixth seaventh and nynth Inter only and thereuppon sworne and examyned//

    1.    To the first Inter this deponent saith that he knoweth well the p[ar]tyes pl[ain]t[iff] and defend[an]te//
    and hath soe knowne them by the space of Twentye yeeres last past & upwards and//
    all soe saith that he hath knowne the mannor of Fordington and certaine mylls there comonly//
    called the West Mylls mencioned in the Inter by all the tyme of his Remembrance,for he//
    was borne in Fordington, and there bredd and ever since dwellinge.//

    2.    To the second Inter he saith that the said West mylls do contayne two Tenements wth the//
    Appurtenaunces, and saith that the said West mylls and the grownde & p[ro]ffitts there unto //
    belonginge are in common estymacon held to be worth Fyftie pownds per Annu and soe this//
    deponent would give for them yf he might Rent them//

    3.    To the third Inter this deponent sayth that the Customarie Tennants of Fordington have not at//
    anye tyme duringe the tyme of this deponents ~~ knowledge, aforesaid byn bownden or compelled//
    by anye Custome used wthin the same mannor to grynd theire corne wch they spent in theire//
    howses at the said West mylls neither hath theire benn nor is anye such Custome used //
    wthin the said mannor, duringe all the tyme of his knowledge aforesaid neither hath theare//
    byn tyme out of mynde (as this deponent hath credibly hearde both his ffather and dyvers//
    other Ancient men of the said p[ar]ishe sithence deceassed saye and Reporte) But that the said//
    Tennants have byn all the tyme of this deponents knowledge beforesaid as allsoe tyme out of//
    mynde by the Reporte of this deponents said father & dyvers other ancient men of the said //
    p[ar]ishe since deceassed byn alwayes at libertye to grynd theire said corne at anye other //
    myll where they thought good at theire pleasure and farther saith that he this deponent //
    of his owne knowledge doth knowe that his said Father about fortye yeares since did for //
    div[er]s yeares together grynde his corne wch he spent in his howse some tymes at the said //
    West mylls, some tymes at the Fryerye myll in dorchester and some tymes at Froome mylls //
    at his pleasure where he thought good one John Winsor & one Richard Battyn beinge then Loaders //
    of the saide Froome mylls. Allsoe he saith that he this deponent hymselfe having byn A customary //
    Tennant of the mannor of Fordington and a howse keeper theare these thirtie yeares last //
    past hath from tyme to tyme grownde such corne as he spent in his howse sometimes at the //
    said West mylls, some tymes at the Easte mylls, and some tymes at the Fryerye mylls in //
    dorchester at his will and pleasure, accordinge as he liked the myllers and his usage //

    4.    To the fowerth Inter this deponent saith that he verye well knowe John Samwaies gent menconed//
    in this Inter to be owner & possessor of the said West mylls for the space of Twentye yeares //
    together and better whoo deceased as this deponent thinketh aboute Twenty yeares past //
    or upwards and saith that one Roger Seager and one John Bird about Thirtie yeeres since beinge//
    then CustomaryTennants of the mannor of Fordington aforesaid did of this deponents knowledge //
    hold from the said Mr Samwaies beinge then under Steward of the said mannor certaine of the //
    Arrable grownds belonginge to the said West mylls ^and^ as this deponent hath heard the said Seager and //
    Bird Report they held it at the yeerely Rent of eighteene pence or Twentyepence for the Acre //
    in Consideracon that they showld grynde theire grysts at the said West mylls but this deponent //
    saith that the said arrable land so to them lett as aforesaid was in common estimacon then worth //
    three shillings fower pence the Acre per annu/

    5.    To the fifth Inter this deponent saith that the said John Samwayes for the space of Twentye //
    yeeres together before his deceasse of this desponent knowledge did keepe the lawe daye //
    Courts and Courts Barron of the said mannor of Fordington at wch Courtes this deponent was //
    usually p[re]sent and saith that he hath div[er]s tymes heard the said Mr Samwaies at the said Courts//
    make request unto the Tennants that they would grynde theire grysts at his West mylls and //
    then p[ro]missed them that they should be as well used as they were at anye other myll and //
    that his Loaders should carrye theire seede corne at wheate sowinge tyme to theire ploughes //
    and like wise theire corne to & from the markett of dorchester,as they had ^used^ in former tymes //
    and saith that the said Mr Samwaies loaders of this deponents knowledge did for the space //
    of Twenty yeeres together usuallye carrie the seede corne of such of the Customarye //
    Tennants of Fordington as used to grynd their grysts at the said West mylls a field unto their //
    plowghes at wheate sowinge tyme and theire corne to and from dorchester markett acordinglye //
    [obscured] farther saith ^that^ the Loaders of mr Willm Churchill the father of the compl[ainan]t in the Tyme that//
    [obscured] West mylls did in like manner carrye ˄the saide corne˄ of such as grounde at his said mylls there //
    [obscured ] alwayes at wheate sowinge tyme and to & from the markett of dorchester //
Angell Smith    Tho Barnes    Will Glesone    Jo Notley


Folio 7:   [Continuation of John Wynsor's Deposition]


    Fordington Manor Churchill v Bitchgood Folio 7

    And this deponent sayth that the Loaders of the nowe compl[ainan]t did the like for div[er]s yeeres//
    untill of late the names of the Loaders unto the said West mylls in the tyme of the said Mr//
    Samwayes were these viz one Andrew Symondsone Gatchell and one Clowter as this//
    deponent remembreth and in the tyme of the said Mr Willm Churchill one Robert White Thomas//
    White and Roger Wynsor, and farther saith that if the Customary Tennants of Fordington should //
    not have theire seed corne at wheate sowinge tyme carryed to field to there ploughes ˄they should˄ loose //
    he knoweth not what, but saith for his owne p[ar]te (sowinge yeerely about thirtie Acres of //
    wheate) that he had rather give the Bushell of wheate yeerelye then not to have his seede //
    wheate carried a field to his plowge ˄at˄ sowinge tyme//

    6.    To the sixth Inter this deponent saith that for the space of these forty yeeres last past he//
    hath byn usually at most of the lawe daye Courts and Courts Barron of the manor of//
    Fordington there held and saith that he hath heard as well the aforenamed Mr John Samwaies//
    as the said Mr Willm Churchill in theire sev[er]all tymes make speeches and mocons unto the Tennants//
    that they should grynd theire corne at the said West Mylls, and that they were bound soe to doe//
    by the Custome of the said mannor wch Custome was at every such mocon denyed as well by the //
    grand jury as by the homage and other the Customarye Tennants there, and by them maynteyned//
    that they were not Compellable by any Custome ever used wthin the said mannor either in the tyme//
    of their Remembrances or of theire forefathers & anncestors tyme out of mynde (as theire ^said^ fore //
    fathers had told them)to grynd theire grists at the said West Mylls but that the said Customarye//
    Tennants had byn by all the tyme aforesaid free & at liberty to grynde their grists where//
    they thought fytt//

    7.    To the Seaventh Inter this deponent saith that he Remembreth well that heretofore there was a//
    Suite brought & p[ros]secuted by bill of Complaint by the aforenamed Mr Willm Churchill (father//
    of the nowe compl[ainan]t against Thomas Eames William Wynsor, this deponent and some other Customary//
    Tenants of the said mannor then defend[an]ts for not gryndinge at the said West mylls in such manner//
    in effect as the nowe compl[ainan]t bill doth conteyne against the nowe defend[an]ts and saith that he//
    Remembreth well that Willm Miller, Willm Clowter, John Lawrence & Willm Bascombe menconed//
    in this Inter were deposed as witnesses in the behalf of the said Willm Churchill then Compl[ainan]t //
    by vertue of A Commission sate uppon at dorchester in that cause and saith that the said William//
    Miller (beinge this deponents owne Brother by the mothers syde) did then Rentp[ar]te of the said//
    West mylls & p[ar]te of the East Mylls from the said Mr Willm Churchill and farther saith that//
    the said Willm Clowter was then of this deponents knowledge, grister of the said West mylls and//
    saith that the said John Lawrence was then alsoe grister, and Willm Bascombe Loader of//
    and to the said East Mylls, then in the tenureof the said Willm Churchill.//

    9.    To the ninth Inter this deponent sayth that Christian Cozins widdowe menconed in this Inter was//
    not at the Tyme of the beginninge of this Suite neither hath byn at any tyme sithence //
    any free Tennant, Customarye or Coppye hold Tennant of and in the said mannor of//
    Fordington.//
Robert Allen of Charmister in the County of dorst husbandman aged //
fowerscore yeares and upwards p[ro]duced to the first and third Inter only//
and thereupon sworne and examined//


    1.    To the first Inter he sayeth that he knoweth the p[ar]tie pl[ain]t[iff] and likewise knoweth Thomas//
    Eames, Robte Bitchgood, & Nicholas Winsor three of the def[endan]ts & the rest of the def[endan]ts//
    he knoweth not Alsoe he saith that he hath known the mannor of Ffordington, and//
    certaine mills there commonly called the West mylls menconed in this Inter by the space //
    of these three score yeeres last past for about three score yeeres past he dwelled //
    in Fordington wth one Robert Gould for the space of fower yeeres together, and about//
    twoe yeeres after that, he likewise dwelled in Burton wthin the mannor ofFordington //
    aforesaid for the space of seventeene yeeres more together, and hath byn continually //
    dwellinge at Charmister about a myle or better distant from the Towne of Fordington//
    but not above a myle from the said West Mylls by the space of thirtie yeeres last past//
    together and was often comminge and goinge to the law daie Courts held wthin the said//
    mannor of Fordington.

    To the third Inter this deponent saith that the customarye Tennants of Fordington have//
    not by all tyme of his knowledge nor for ought that he ever heard, byn bownde by//
    any Custome used wthin the said mannor to grynde such corne as they spent in//
    theire houses at the said West mylls but have alwayes byn at libertye to grynde//
    their grists at any other mill where they thought good by all the tyme of this//
    deponents said Remembrance and hath heard for about threescore yeeres since//
    div[er]s of the said p[ar]ishe saye that the Customarye Tennants there might grinde theire//
    corne that they spent in their howses where they would//
William CLOWTER of the p[ar]ishe of Fordington form[er]ly examyned expte que[rent] and//
noweproduced expte defend[an]te to the seaventh and eighth Inter onely and thereuppon//
sworne & examined.//


    To the seventh Inter he saith that as he nowe Remembreth he this deponent was examined//
    as awitness on the behalfe of Mr Willm Churchill father of the nowe compl[ainan]t in A Suite//
    p[ro]secuted by the said Mr Churchill as compl[ainan]t, against div[er]s of the Customary Tennants of//
    Fordington defend[an]ts whose names this deponent now Remembreth nott (but he thinketh//
    Thomas Eames to be one of them) for not gryndinge at the said West Mylls and sayth that//
    he this deponent was examyned by the Commissioners as a witnesse in the behalfe of//
    the said Mr Willm Churchill, but whether he were sworne or noe he nowe Remembreth //
    not but whether Willm Miller, John Lawrence & Willm Bascombe mencioned in this Inter were //
    deposed and examyned as witnesses on the behalfe of the said Mr Willm Churchill the //
    compl[ainan]t this deponent knoweth not and farther saith that the said Willm Miller menconed//
    in this Inter was a little before the tyme of this depon[en]ts examinacon on the behalfe of//
    the said Willm Churchill Farmer of p[ar]te of the Easte Mills belonginge to the said Willm//
    Churchill but whether he the said Willm Miller were soe at the tyme of his this deponents//
    said examinacon he Remembreth not and saith further that he thinketh that the said//
Angell Smith    Tho Barnes    Will Glesone    Jo Notley


Folio 8:   [Continuation of William Clowter's Deposition]


    Fordington Manor Churchill v Bitchgood Folio 8

    John Lawrence was grister to the said Easte mills belonginge to the said Mr Willm //
    Churchill at the said tyme whenthis dep[onen]t was soe examyned as aforesaid, but //
    saith of his owne knowledge that the said Willm Bascombe was then Loader of //
    the said Easte mills

    To the eighth Inter this deponent saith that he is grister unto the nowe Compl[ainan]t in the said //
    West mills and more to this Inter he doth not depose //
Roger Winsor of Fordington in the County of dorst husbandman aged threescore //
& twoe yeeres or there abouts produced to the first second third fourth fyfth sixte //
seaventh and ninth Inter onlye and there uppon sworne and examined //


    1.    To the first inter he sayth that he hath knowne the p[ar]ties pl[ain]t[iff] and def[endant]ts by the space //
    of these twentye yeares last past and upwards and saith that he hath likewise //
    knowne the mannorof Fordington and Certaine mills there comonly called theWestmills //
    menconed in this Interall the[obscured] of this depon[an]ts Remembrance & understandinge for //
    he was borne & bredd there & there ever sithence dwellinge some three or fower yeeres//
    excepted.//

    2.    To the second Inter he saith that the said West mills doe conteyne Twoe Tenements wth //
    thappurtenances viz a whole place & a halfe place, and farther saith that the said West//
    mills wth the lands & p[ro]fitts thereunto belonginge are worth in comon estymacon fiftye //
    pounds p Annu //

    3.    To the third Inter this deponent saith that the Customarye Tennants of Fordington have //
    not at anye tyme duringe the tyme of his knowledge &Remembrance byn bound or //
    Compelled by anye Custome used wthin the said mannor to grinde theire corne wch they //
    spent in theire howses, at the said West mills and this deponent saith that there hath byn //
    noe such custome used wthin the said mannor by all the tyme of this deponents said //
    knowledge or Remembrance neither had there byn tyme out of mynde As this deponent //
    heard his father and one old Father Cosins & divers other olde men of the said p[ari]she say&//
    Reporte but saith that the said Customarye Tennants have alwayes byn by all the tyme //
    of this deponents knowledge & Remembrance aforesaid & tyme out of mynde by the Report //
    of the said old men Free & at liberty to grynde theire said corne at anye other myll //
    where they thought good at theire pleasure and farther this deponent saith that he //
    Remembreth well when he was a Boye of tenn yeeres of age his this deponents father//
    John Wynsor (then being Loader unto Froome Whitfield mill about a yeare, and after//
    hym this deponents unkle one John Wynsor the younger beinge ^also^ Loader unto the said mill for//
    three or fower yeares together both his said father & unkle in their severall tymes did //
    from tyme to tyme fetch div[er]s of the grysts of the saide customary tennants of//
    Fordington & grinde them at the saide Froome Whitfield mill, viz the grists of one old //
    Father Barnes, Father Cosins, & diversothers of the said Tennante beinge of the name //
    of Barnes, Winsor & Cosins after the tyme his said unkle & father lefte of to be loaders //
    there Alsoe he saith that about Forty yeeres since he knowe one Robert White, beinge then //
    Loader of the Fryeryemills, from time to tyme for the space of fower yeeres together, to fetch //
    the griste of one Thomas White, father of the saide Robert & of John White his kinsman, being then //
    both Customary Tennante of the saide mannor, & to grinde the saide grists,at the said Fryery mills //

    4.    To the fowerth Interogatory this deponent saith, that about fiftye yeeres since, he well knowe//
    Mr John Samwayes menconed in this Inter to be owner & posessor of the said West Mills, and //
    thinketh that he was the owner of the said mills for the span of about twelve yeeres together//
    then followinge, and saith that the said Mr Samwayes did let p[ar]te of the Arrable lands belonginge//
    to the sayd West Mills unto one Roger Seager &p[ar]te of the saide lands to one John Seager, & two//
    Acres of the said land to old John Bird, beinge all Customary Tennants of the said manor, at the//
    yeerely rent some of twenty pence the acre & the dearest not above two shillings the acre some of//
    that arrable lande were also folded by Mr Samways folde viz the land of such as were //
    best customers to the saide Weste mills, wch lands for letten at soe small a yeerly valewe in //
    consideracon, that the Tennants thereof should grind their grists at the said West mille, the said//
    arrable land being then worth three shillings fower pence the acre. //

    5.    To the fyfth Interogatory this deponent saith that about fifty yeeres since he knowe the saide //
    Mr John Samwayes to be under Steward of the mannor of Fordington, & to keepe the lawe //
    daye Courte and Courte Barron of the saide mannor for the space of aboute twelve yeeres //
    together of this deponents knowledge, and remembrance, & saithe that he this deponent hath //
    bin at twoo or three of the lawe daye Courte & Courte Barron of the saide mannor //
    when he said mr Samwayes was soe under Steward here, at one of wch Courts he remembreth //
    well, that the said Mr Samwayes did make requests, unto the Customary tennants there, that //
    they would grynde theire grists at the saide West mills, & did p[ro]mise them that if they would //
    soe doe, they should be as well used as at anye other mills, & that his loaders of the said West//
    mills showld yeerly carrye the seede corne of the said Customary Tennants to the fields to their //
    plowghes at wheate sowinge time, & likewise carrye their corne to and from the markett of //
    dorchester, in as good sorte as other loaders of other mills where they did grinde their corne, did //
    or would doe, & saith that the saide Mr Samwayes loaders of the saide West mills, did afterwards //
    (duringe all his time that he injoyed the said mills) carrye the seede corne of such of the Customary //
    Tennants there as did grinde,at the saide West mills, a fielde unto theire ploughes in the time //
    of wheat sowinge & alsoe theire corne to & from the markett at dorchester accordingly //
    And farther sayth that the loaders of Mr Willm Churchill the father of the said nowe //
    compl[ainan]t (whoe succeeded the said Mr Samwayes in the said West mills) did by all his time//
    likewise carry the seede corne of such of the said customary Tennants as did grinde at //
    the said West mills a field unto theire ploughes at wheate sowinge time, as also theire //
    corneto & from the markett of dorchester, not wthstanding the said Mr Churchill did before //
    his decease p[ro]secute a suite against some of the Customary Tennants there, to compell them to grinde //
    at the said West mills by Custom The names of the loaders to the said West mills, whoe carried //
    the saide corne a field to the ploughes of the said customary Tennants, as aforesaid, in the time //
    of Mr Samwayes were one Gatchell, & one Thomas Winsor this deponents kinsman & the names //
    of the loaders wch did the like in the tyme of the said Mr Willm Churchill were one Thomas //
    Clowter & one Thomas Howlett. And this deponent farther saith that if the customary tennants//
    of the said mannor,should be barred from the benefit of carryadge of theire seede corne to //
    theire ploughes yeerely at wheate sowinge time, he indqeth [?] that every tennant of every //
    half ^place^ there should be p[re]judiced and hindered yeerely to the valewe of five shillings //
    And soe should others according to that p[ro]portion, as theire livinges were //
    either greater or lesse.//

       [obscured by fastener]    Tho Barnes    Will Glesone    Jo Notley

Folio 9:   [Continuation of Roger Winsor's Deposition]


    Fordington Manor Churchill v Bitchgood Folio 7

    [obscured by fold] saith that he hath bin one of the grand jury at moste //
    [obscured] helde within the mannor of Fordington by the space of those eighteen//
    [obscured] paste, & saith that the said mr Willm Churchill was present at one or __ //
    [obscured] courte, & made a Challenge, that the Customary Tennants there were bownd and //
    ought by Custom to grinde theire grists from time to tyme at the said West mills //
    and that he could, and would compell them there unto, wch Custome challenged //
    by the said mr Churchill both the grand jury, and homage, & other the Customary Tenants //
    there assembled did deny, & did mayntaine, and aver the Contrary, that there //
    was noe such Custome, neither were they bownd there unto but that they had ever //
    grownde, and soe still might grinde theire griste at anye other mills where they thought //
    good. //

    To the seaventh Inter he saith that he well remembreth that Mr Willm Churchill //
    menconed in this Inter, did before his decease p[ro]secute a suite by bill of Complaint //
    against Thomas Eames Willm Winsor John Winsor, and others the Customary tennants //
    of the said manor of Fordington defendants, for not grindinge at the said Weste //
    mills. In such manner in substance, as the nowe Complainants bill, doth contayne //
    against the nowe defendants And saith that he this deponent was in Towne //
    in dorchester at such time as a commission for the examinacon of witnesses in //
    that cause, was sat uppon, and did see Willm Miller Willm Clowter, //
    John Lawrence, and Willm Bascombe menconed in this Inter, attending in the //
    Courte of the Crowne of dorchester, where the said Commission was executed, and //
    did hear that all the said p[ar]tyes were then sworne and examyned as witnesses //
    on the behalf of the saide Willm Churchill, and saith that the said Willm //
    Miller, did at the same time, of this deponents knowledge, rent p[ar]te of //
    the saide West mills, and p[ar]te of the Easte Mills in dorchester, of the saide //
    Willm Churchill, and sayth that the saide Willm Clowter was then alsoe //
    grister, & the said Willm Bascombe loader of the said Easte mills. //

    To the Ninth Interogatory this deponent saith that Christian Cozins widdowe //
    Menconed in thisInter was not at the time of the beginninge of this //
    Suite, nor hathnot bin at any time sithence, anye free Tennant, //
    Customary, or Coppy hold Tennant, of, or in the saide mannor //
    of Fordington. //

    Angell Smith    Tho: Barnes    Will: Glesone    Jo: Notley



Folio 10:    [Sets out the questions to be answered on behalf of John Churchill]

Fordington Manor Churchill v Bitchgood Folio 5

      Interrogatories to be ministered [obscured]_esses to be p[ro]duced on the parte and behalfe of John Churchill, gent __ //
      Against Xpofer Rasker Thomas Ea__[obscured] __bt Bitchgood Nicholas Winsor Henry White & Marye Savage widdowe //

      [obscured] whether doe you know the pties [obscured] def[endan]ts or any of them and doe you know the Mannor of Fordington in the //
      County of dorst and c[er]tayne mills there called the West milles and how longe have you knowne the same//

    Item whether doth the same mannor for the most parte consist of coppie holde Tenants holden at thew will of the Lorde //
    by copie of Court Roll according to the custom of the same mannor and whether doe the Tenn[an]ts of the same coppieholde //
    landes holde theirTenements at the will of the Lord by such sute and service as to their sayd Tenem[en]ts aputeyneth //

    Item whether you knowe or have you hearde that the sayd mills called the West mills are p[ar]cell of the sayd mannor //
    of Fordington and what other corn milles are there that are p[ar]cell and belonginge to the same mannor, and //
    whether doe you knowe or have you heard that the same mills have byne reputed the customarye milles of the //
    sayd mannor of Fordington, for the grinding of such corne and grayne as the Tennte there use to spendin //
    their howses wthin the same mannor //

    Item whether doe you knowe or have you heard that other Mannors lyeing about or neere unto the mannor of Fordington //
    being intyre Mannors and not dismembred have for the most pte customarye mills unto them belonginge Att wch//
    milles the customarye Tennts of the same mannor ought by the Custome there used to grinde such corne &grayne //
    as they spend in their customarye Tenemt and not elsewhere: what be the names of such mannors and how //
    farr distant doe they lye from the sayd mannor of Fordington as you knowe or believe declare //
    your whole knowledge touching this Interrogatory

    Item whether doe you knowe or have you harde that the said plt is seised in fee of c[er]tayne milles lying in Fordington //
    Aforesaid called the East milles how farr doe the sayd East Milles lye distant from the p[ar]ish of Fordington are they //
    Not neerer unto the Inhabitants of the same mannor then the Princes Milles and more commodious for the Princes Tennts //
    to come unto then the West milles And doe you not thinke in your conscience that yf in tyme to come the sayd milles //
    could be devided into sev[er]all mens possessions and the Princes Tennte injoyned to grind all their corne att the Princes //
    customary mills that it would be verye p[re]judicial unto the [com]pl[ainan]ts sayd milles And whether in respecte thereof//
    doe you not thinke that in tyme to come it may be more p[ro]fitable to the pl[ainan]t to have the sayd tennts left att//
    lib[er]tye to grinde where they liste then to be bounde to grinde att the Princes Milles onlye //

    Item whether are you tennte or under tennte of any coppieholde tenemt wthin the sayd Mannor of Fordington //
    or doe you Rent anye Lande meadow or pasture wthin the same mannor whose Tennte are you what & how //
    much doe you Rent, and who moved or p[er]suaded you to be a dep[onen]t in this cause, what rewarde or recompense or //
    p[ro]mise of rewarde or recompense is their made unto your or doe you expect for your testimonye in this cause: who //
    made the same or from whome or how doe you expecte such rewarde or recompense to be unto you made And //
    whether have you byn formerly ex[ami]ned as a witnesse in a cause depending in this Court betweene William //
    Churchill gent the plts father compl[ainan]t and the sayd Thomas Eames and others the Tennte of Fordington dorst //
    (to your nowe best remembrance ^And whether doe you contribute any thing towards the charge of this suite or have you p[ro]mised any contribution^ declare your whole knowledge touching this Inter and any p[ar]te thereof //

    Item whether doe you knowe or have you hearde That the sayd def[endan]ts and other customarye Tennte of the sayd mannor //
    of Fordington or some of them have lately soulde c[er]tayne Furses growing on p[ar]te of the waste and comon of the same mannor //
    how longe sythence is itt that the same were soulde and by whome and for how much money how is the money //
    thereof made ymployed or intended to be ymployed, as you know or have of creditt harde is not the same or p[ar]te //
    thereof ymployed or intended to be ymployed for & towards the mayntenance of this suite against the //
    plt being the Princes Tennte of the West milles aforesayd how much thereof hath there byn soe ymployed or intended to be ymployed as you knowe or have of creditt harde and how much thereof remayneth and in whose//
    handes is the same declare your whole knowledge touching this Inter and any p[ar]te thereof and the reasons that moveth you soe to depose

    Item whether doe you knowe John Samwayes sometimes Tennte of the sayd milles called the West milles how //
    longe tyme is it sithence he was first owner thereof did he use in his tyme to lett p[ar]cell of tharrable landes belonging //
    Unto the sayd West milles unto div[er]s of the Tennts of Fordington at a yearly Rent for how much Rent did he lett//
    each aker to your knowledge and whether did he not allsoe lett other p[ar]cells of the same landes unto div[er]s p[er]sons inh[ab]iting in //
    Monnkton and MartensTowne two milles distant from the same milles att the same rent where did the sayd John Samwayes //
    Inhabit when he lett the same, did he manure any of the same Landes himselfe or did he lett the same to others for that //
    himselfe was dwelling out of the sayd mannor of Fordington and had sufficient Tillage where he dwelte And whether did he lett the same Landes att an under value and how much to your c[er]tayne knowledge and how doe you knowthe same to be true //
    declare your whole knowledge touching this Inter and any p[ar]te thereof and the reasons that move you to depose //

    Item whether is not the compl[ainan]t yearly att greate charge in repayring of the sayd milles And whether hathhe //
    not lately to his great cost now builte the same milles orp[ar]te thereof how much doe you thinke in your conscience //
    that the new buildinge of the same milles hath coste the plt and what is the yearly charge of repayring of them //
    as you knowe or believe declare your whole knowledge touching this Interrogatory and the reasons that move youto depose //

    Item what other matter thinge or circumstance can you saye or depose on the p[ar]te and behalfe of the sayd compl[ainan]t //
    against the sayd def[endan]ts or any of them touching the matters now in question betweene them declare thesame att //
    large and the reasons that moveth you soe to depose //

    Item whether is John Hennynge Esquire mayntaynor and Abettor of the sayd ef[endan]ts in this suite against the said compl[ainan]t And //
    whether is he not owner and occupier of c[er]tayne milles in Fordington called the Fryerye milles, And doe not many of //
    the tennte of Fordington aforesaid grynde theire corne at the said Fryerye mylles out of the mannor declare your whole //
    knowledge touching this Interrogatory

    Jo Notley


Folio 11:   [Sets out Depositions]

Fordington Manor Churchill v Bitchgood Folio 11

      [obscured but is William Clowter] p[ar]ishe of Fordington in the County of Dorset miller aged //
      [obscured] fiftie yeeres or thereabouts p[ro]duced to the first third fowrth fyfth //
      [obscured ] nynth tenth and twelvth Inter and there uppon sworne and examined //



    To the first Inter this deponent saith that he knoweth the Compl[ainan]t & the defend[an]ts and he knoweth //
    the mannor of Fordington and the mills in the Inter menconed called the West mills and hath //
    knowne them by the space of Twentye yeares and upwards //

    3.    To the third Inter this deponent saith that he knoweth that the said mills called theWest //
    mills are p[ar]cell of the said mannor of Fordington and that he hath heard Thomas Clowter //
    his father saye that mr John Samways when he was Owner of the said West mills did//
    Report unto hym that the saide West mills were customary mills and that the //
    Customary Tennante of the said mannor ought by the Custome of the said mannor to grinde //
    their corne at the same mills //

    4.    To the fowerth inter this deponent sayth that he knoweth that the mannor of Charmister beinge //
    a myle distant from the mannor of Fordington hath belonginge there unto ^A Customary mill^ (as this deponent hath //
    heard by the Report of one Johan harbyn widdowe nowe owner of the said mill) //
    at wch mill the Customary Tennants of the said mannor by the report of the said //
    Johan harbyn ought to grynde their corne and that she hath heard her late husband //
    John harbyn saye in his life tyme, that such customarye Tennante as have grownde theire //
    corne at other mills have byn compelled to grynd their corne againe at the said mill of//
    Charmister by order of the Courte held wthin the said mannor as the said Johan harbyn told this //
    desponent, And further this deponent saith that one Thomas Savage late of Sydlinge deceassed //
    told this deponent that the myll wthin the mannor of Brade Sydlinge beinge distant from //
    Fordington about fyve myles (1) (and where the said Thomas Savage then dwelt) was a //
    Customary mill and that the Customarye Tennants of the said mannor of Broade Sydlinge //
    ought by the Custom of the said mannor to grinde all theire corne at the said mill. //

    5.    To the fivth Inter this deponent saith that the Compl[ainan]t (as this deponent thinketh) is ___ //
    in Fee of certaine mills lyinge neere Fordington called the East mills ^and that the said mills^ are more neere //
    p[re]mise his mills called the West mills and he farther saith that if the saide east mills //
    and West mills (beinge nowe both in the possession of the Compl[ainan]t) should hereafter be //
    devyded into sev[er]all mens possessions and the Customary Tennants be compelled to //
    grynde all theire corne at the prince his mills, it would be verye hurtefull to the //
    saide Easte mills for that moste of the Customarye Tennants of the said mannor //
    did nowe grynd theire corne at the said East mills and this deponent farther saith //
    that he veryly beleeveth that it maye herafter be more profittable to the Compl[ainan]t to //
    leave the said tennants at lybertye to grynd where they list, then to Compell them to //
    to grinde at the prince his mills called the West mills //

    9.    To the Ninth Inter this deponent saith that in this deponents judgment if the said Compl[ainan]t //
    should be compelled to keepe soe manye s[er]vante & horses to carrie & recarrye the //
    corne & grayne of the said Tennant to & from the markett at dorchester and to Carrie //
    theire sede corne to theire ploughes at wheate season as the said Tennants would have //
    hym that then the whole p[ro]fitt& benefit of the Tolle comminge & any singe of the //
    grists of the said Tennants to be grownd at the said mills would hardly count[er]vayle //
    his charge in keepinge and maynteyninge his said s[er]vants & horses //

    To the tenth Inter this deponent saith that the said Compl[ainan]t hath byn at greate charge in //
    buyldinge & repairing of the said West mills for that wthin these sixe yeares last past //
    he hath nowe built the said mills, and hath expended therein the some of one hundred //
    pownds at the leaste and that over and above the said buyldings the yearly charge //
    in repairing them doth amount to the sum of Forty shillings at the least //

    To the twelvth Inter this deponent saith that one mr hennynge Esquier menconed //
    in this Inter is owner and occupier of certaine mills in dorchester neere //
    Fordington called the Fryarye mills and saith that manye of the prince his //
    Tennants of Fordington aforesaid doe grynde there corne at the said Fryarye //
    Mills out of the mannor of Fordington aforesaid //

    Ex p[ar]te querent

      Roger Winsor formerly examined ex p[ar]te defendant and now p[rod]duced ex p[ar]te querent //
      To the sixth and seaventh Inter only, and there uppon sworne and examined. //

    To the sixth Inter this deponent saith that he is a Coppye holder and Customary tennant //
    of the saide mannor of Fordington, & that he was moved and spoken to, by Thomas //
    Eames, Christopher Rasker and others of his neighbours whoo showed hym //
Angell Smith    Tho: Barnes    Will: Glesone    Jo: Notley

(1)   Sydling St Nicholas, actually about 8 mile or 13 km North West of Fordington village

Folio 12:   [Continuation of Roger Wynsor's Deposition]

Fordington Manor Churchill v Bitchgood Folio 12

    A warrant from some of the Commissioners in this Cause, requiring him //
    to appear before the sayde commissioners, and to testifye his knowledge //
    in the same cause, but sayth that he was not p[ro]mised any
    Reward, neither doth he expect anye, for testifying of his knowledge //
    herein. And he farther sayth that he hath not bin formerly examyned //
    as a witness in a cause depending in this Courte betweene Willm //
    Churchill gent ^then^ Compl[ainan]t, and the saide Thomas Eames, and other tennante //
    of Fordington then defendante, And farther he saith that he doth not
    Contribute, nor hath he p[ro]mised to Contribute any thinge towarde //
    the Charge of this Suite, it defrayed out of the Comon purse of //
    the Tennante of the same mannor, wch he knoweth for that he //
    is one of the Church Wardens of the sayd p[ar]ishe, and the stock of the //
    p[ar]ishe is Remayninge in the hande of this deponent, and in the //
    hande of his p[ar]tner Churchwarden. //

    To the seaventh Interogatory this deponent saith that aboute a yeere //
    paste, and better, this deponent one John White the other Churchwarden //
    of the saide p[ar]ishe as aforesaide, Robert Bitchgood, one of the defend[an]ts //
    and some other of the tennante of the said Mannor whose names //
    he nowe remembreth not, did sell certaine furses growing uppon the //
    comon downe of the saide mannor, unto one Luke Bower, for the sum //
    of eight pownds, or there aboute. And he farther saith that the saide //
    monye is imployed in manner & forme followinge, videl[ici]t, sixteene shillinge //
    there of to the maynie[?]souldiers, to the maynten[an]ce of the Church //
    five pownds or there aboute, And some more of the saide monye (the //
    residue sum whereof this deponent remembreth not) hath bin given //
    to the poore of the p[ar]ishe, and the residue of the saide monye remayneth //
    in the hande of this deponent, and his said partenor. And this ~ //
    deponent farther saith, that he knoweth not, neither hath heard, that //
    anye p[ar]te of the monye, made of the saide furses is imployed, or intended //
    to be imployed, for and towarde the maintenance of this Suite ~~~ //
Angell Smith    Tho: Barnes    Will: Glesone    Jo: Notley



Folio 13:   

Fordington Manor Churchill v Bitchgood Folio 13

Willm Birde of Fordington in the county of Dorst husbandman ^formerly examyned on the defend and nowe p[ro]duced on the pl[aintiff] behalf^ of age of fiftye three yeeres, or thereabouts p[ro]duced //
to thesecond third fiveth sixth seaventh eighth and twelveth Interogatoryes only, and here uppon sworne and //
examyned //


    To the second Interogatory this deponent sayth that the said mannor of Fordington consisteth for the moste p[ar]te //
    of coppy hold Tenem[en]te holden at the will of the Lord by coppie or Courte Rolle according to the Custom of ~~//
    the saide mannor, and that the tennant of the saide coppye hold lande doe holde theire Tenement at the //
    will of the Lorde, by such sute or service, as to the saide Tenemente apportayneth//

    3.    To the third Interogatory this deponent sayth that the sayd mylls, called the West mylls in the Inter menconed //
    as p[ar]cells of the saide mannor of Fordington, and that there are other mylls wthin the saide mannor called//
    by the name of the Easte mylls, but as this deponent remembreth, are not p[ar]te of the sayde mannor, for this //
    deponent have heard that they were belonginge to the Abbye of Byndon. And that he never heard any //
    man but mr Willm Churchill, the compl[ainan]te father, and the nowe compl[ainan]t, and theire Grysters, and Loaders saye, that //
    the sayd West mylls were reputed to be the Customary mylls of the sayd mannor of Fordington, for the //
    gryndinge of such corne, and grayne, as the Tennante there use to spend in theire howses wthin the same //
    mannor//

    5.    To the fiveth Interogatory this deponent sayth that he knoweth that the sayd compl[ainan]t holdeth certeyne other //
    mylls on Fordington, called by the name of the Easte mylls, and that he and his father have soe helde //
    them by the space of xxti[20] yeeres paste, but what estate the Compl[ainan]t hath in them this deponent knoweth //
    not. And that the sayd Eastemylls, are not above forty foote distant from the sayd p[ar]ishe of Fordington //
    but are much neerer to the Tennante howses of the sayd mannor then the prince his mylls called the //
    West mylls, and are more commodious for the prince his Tennante to come unto then the sayd West//
    mylls. And this deponent farther sayth, that yf the sayd mylls, videlt (2) (the East mylls and Weste //
    mylls) showld be devyded into sev[er]all mens possessyons and the prince his Tennants enjoyned to grynd //
    at the prince his mylls called the Weste mylls that then the sayd Easte mylls would not be soe //
    benefitiable to the Compl[ainan]t, as nowe they are, and that he thinketh (yf the Tennante of the sayd //
    mannor of Fordington be not compelled by the custome of the sayd mannor to grynd theire //
    corne at the sayd prince his mylls as this deponent thinketh they are not) that then in //
    Respect of the neerenesse of the sayde Easte mylls, it would be the more beneficial to //
    the sayd Compl[ainan]ts as longe as the Tennants be well used. //

    6.    To the sixt Interogatorye this deponent saith he is one of the prince his coppyhold or Customarye Tennants of the//
    said mannor of Fordington And that one Robert Ford one other Customarye Tennant of the said mannor came to//
    this deponent and Requyred hym by vertue of a warrant under the hands of the Commyssioners in //
    this Cause to appeare before the said Commissioners to testify his knowledge in the said Cause //
    And farther this deponent saith that he was never promysed, neither doth he expect any reward //
    to be given unto him for his testimonye in this Cause, and that he was not formerly examyned //
    in the cause in this Inter menconed, but saith he was a p[ar]tye in the same Cause, but that //
    he hath neither given, or p[ro]mised anye Contribution towards the Charge of this Suite. //

    7.    To the saventh Interogatorye this deponent saith that he knoweth that about a yeere paste //
    or upwarde, one Roger Wynsor, and John White then beinge at that tyme Church Wardens of //
    the p[ar]ishe of Fordington, as this deponent nowe Remembreth, did sell certayne Furses //
    growinge uppon Fordington downe p[ar]cell of the Comons of the sayd mannor, and that they //
    were solde (as he Remembreth) for the some of Twenty nobles or eight pownde, but how //
    the sayde money is imployed, or intended to be imployed, this deponent knoweth not, nor hath //
    credibly heard, otherwise then to the gen[er]all use of the p[ar]ishe, as they by theire gen[er]all //
    consent showld dispose of it, And that the sayd monye, as far as this deponent knoweth, or have //
    credibly heard, is yet in the hande of the sayd Churchwardens, and is not imployed, or intended to //
    be imployed, for & towarde the maynentance of this Suite against the Compl[ainan]t, beinge the //
    prince his tennant of the West mylle afore sayde, but saith that the reason why the sayd  Furses  //
    were cut & soe solde as aforesayd was for that the sayd wardens having cutt Furses there //
    to the use of the Church Ale, but proving that the same Furses were soe follen [fallen] and wasted, by the poore of dorchester, and others, that the same would yeld noe profitt but ther //
    and therefore, & for noe other Cause (for aught this deponent knoweth) it was agreed by comon //
    consent, that the same furses showld be cutt, and solde, & the monye imployed to theuses //
    aforesayd,And farther this deponent saith that he knoweth not by whomethe charge //of this Suite is maynteyned. //

    8.    To the eighth Interogatory this deponent saith that he knowe the saide John Samwayes //
    in the Inter named to be Tennant to the mylle, called the Weste mylls, and that he was //
    owner thereof, before this deponent Remembreth, and he farther saith that he did lett //
    p[ar]cell pf the Arrable lande, belonginge to the sayd mylle unto this deponente father, of //
    this deponente owne knowledge, and unto one Roger Seager, by the Reporte of the sayd //
    Seager (the sayd Seager and this deponente sayd father beinge then Tennante of the sayde //
    mannor) in such manner, and forme as hath been formerly deposed to the fowerth Inter on //
    on the defend[an]te behalf. And farther this deponent saith that the sayd Mr Samwayes, did //
    likewise in his Tyme, lett one Acre of Arrable grownd, belonginge to the saide Weste //
    mylle to one John Taylor of Monnkton, and that one Gatchell (beinge a Loader from //
    Monnkton) did tell this deponent that he used to Carrye the sayd Taylors gryste, and dyvers //
    others of his neighbours there, whoe alsoe Rented grownde of the sayd Mr Samwayes belonginge //
    to the sayd Westmylls, to be grownd at the sayd West mylls for that they held some of the said //
    grownds,belonginge to the sayd West mylls, as the sayd Gatchell tould this deponent. And //
    this deponent saith that he hath likewise heard by the Report of one Andrew Symonds //
    beinge a loader to the sayd West mylls from Martens Towne, that in the time of the said //
    John Samwayes, some of the p[ar]ishioners of Martens Towne, did hold p[ar]te of the sayd grownd //
    belonginge to the sayd West mylls of the saide John Samwayes, and did grynde theire //
    gristes at the sayd West mylle, but for what Rent the saide grownd were lett //
    the sayde Taylor or p[ar]ishioners of Martens Towne this deponent knoweth not And //
    farther this deponent saith, that the sayd John Samwayes did then dwell at Toller //
    Fratrum Distant about seaven myles from the sayde Weste mylle, and ___ //
    did not (as far as this deponent knoweth) manure any of the sayd grownd [at]//
    Fordington but lett the same out to others, but the reason why he did [illegible]//
    he knoweth not, other then he hath formerly deposed [illegible]//
    in his deposicon to the fowerth Inter on the behalf of the def[endant][illegible]//

    12.    To the twelveth Inter this deponent saith that John [illegible] //
    [obscured] that the defend[an]ts, and some other of the prince his tennants do__ [illegible] //
    theire corne at the sayd Fryarye mylle, but whether the sayd John [illegible – possHennynge]
    doe abett, or mayntayne the Suite in the Inter menconed this deponent kn__ [illegible]

    Angell Smith    Tho: Barnes    Will: Glesone    Jo: Notley
    (2)    Videlt–that is
Folio 14:   
Fordington Manor Churchill v Bitchgood Folio 14

Ex p[ar]te quer[ent]

Luke Bower of Dorchester in the County of dorset Baker aged thirtie eight yeeares or there abouts //


produced to the first Inter this deponent saith that he knoweth the p[ar]ties plt & defendte And the mannor of //
Fordington and the mille called the West mylls in the Inter mencioned and he hath knowne the same by the//
space of seventeene yeeres //
    To the seventh Inter this deponent sayth that in the month of Aprill last one Roger Wynsor and John //
    White then Churchwardens of Fordington accompanied wth one Anthonye Barnes Robert Bichgood & one //
    Willm Barnes thelder as he thinketh did sell unto this deponent certaine Furses growinge uppon the //
    waste & common grounds of the said mannor for wch he payed eight pownds fyve shillings wch money he //
    payd unto the two wardens aforesaid, p[ar]te of wch money viz Forty shillings thereof ^was^ demanded by one Robt //
    Forde and was as the said Robert Forde saide to be imployed towards the mayntenance of the Suite //
    against the plt, beinge the prince his Tennant of the West mylls aforesaid neverthelesse he //
    this deponent payd the same to the Churchwardens as aforesaid. But whether it were soe imployed //
    yea or nae this deponent knoweth not //
Ex p[ar]te querent

John Wynsor of Fordington ^formerly examyned exptes defend[ants] and nowe p[ro]duced on the compl[ainan]te behalfe ^aged three score //
and fourteene yeeres, produced to the first, second, third, fifth, sixth, seaventh and //
eighth Interogatoryes only andthere uppon sworne and examyned. //


    To the first Interogatory this deponent sayth that he knoweth the p[ar]tyes plt, and defendt //
    the mannor of Fordington, and the said mylles in the Inter menconed and hath knowne //
    them by all the tyme of this deponente Remembrance. //

    To the second Interogatory this deponent saith that the saide mannor of Fordington doth //
    for the moste p[ar]te consist of coppy hold Tenementes holden at the will of the //
    Lorde, by coppye of Courte Rolle, accordinge to the Custome of the sayde mannor And //
    that the sayd coppye hold tennante holde theire tenem[en]te at the will of the //
    Lord by such sute, & service, as the saide Tenent apportayneth. //

    To the third Interogatory this deponent sayth, that he knoweth the sayd myll called //
    The Wes tmylle in the Interogatorye menconed to be p[cell] of the sayd mannor of Fordington //
    And that he knoweth not, of anye other corne myll there that are p[ar]cell of the saide //
    Mannor, and that he doth not knowe, neither hath he heard, that the sayd West//
    Mylls have byn Reputed to be the Customary myll of the sayd Mannor. //

    To the fiveth Interogatory this deponent saith that the Compl[ainan]t is seised of certaine //
    mylle in Fordington called the Easte mylls, of an estate of inheritance (as this //
    deponent thinketh) and that the saide Easte mulls, are distant from the sayde //
    mannor not above Tenn foote, and in Respect if the neerenesse thereof are //
    more commodious for the Tennante of the sayd mannor to come unto then the prince //
    his mylles called the Westmylls And this deponent further saithe that he Beleveth that yf the said West//
    mylls and East mylls should hereafter be devyded into sev[er]all mens possessions, and the prince his Tennants be//
    compelled to grynd their corne at the said West mylle it would be hurtful to the said Compl[ainan]t for that //
    half the tennants of the saide mannor doe grynd theire grysts at the said East mylls. //

    To the sixt Inter this deponent saith that he is a Customarye or Coppie hold Tennant of the said Mannor of //
    Fordington and that he received a warrant from some of the nowe Commissioners to testifie his knowledge //
    in this Cause and farther this deponent saith that yet he hath neither paid nor p[ro]mised to paye anye p[ar]te //
    of the Charge of this Suite, but thinketh that he ought to contribute towards the same as other the //
    Tennants of the said mannor not beinge p[ar]tyes ought alsoe to doe as he thinketh //

    To the seaventh Inter this deponent saith that about three quarters of a yeare past and before the ~~ //
    Commencemt of this Suite, one Roger Winsor and John White thelder beinge then Churchwardens of the //
    said mannor did sell certaine Furses growinge uppon the commondowne of he said mannor unto one Luke //
    Bower, for the some of seven pownds tenn shillings or there abouts as this deponent thinketh and that //
    the said Churchwardens received the said some of money p[ar]te whereof the said churchwardens doe //
    already they have bestowed about the Church and the Residue for ought this deponent knoweth is yett //
    Remayninge in theire hands. And this deponent farther saith that he never heard that anye p[ar]te of //
    the said money was imployed or intended to be imployed about the mayntennante of this Suite, against //
    the Compl[ainan]t beinge the prince his Tennant of the West mylle aforesaid and farther this deponent saith //
    that the charge of this Suite is to be borne by the whole p[ar]ishe as this deponent thinketh. //
    To the eighth Inter this deponent sayth that he know the saide John Samwayes in the Inter namedto be owner //
    of the said West mills, and that he did lett some p[ar]te of the arrable grownde belonginge to the said West//
    mills to some of the inhabitants of Mounkton and Martens Towne and that the said John Samwaies //
    did inhabite some tymes at Martens Towne and some tymes at Toller Fratrum where he lett the same //
    grounds, and the reason whye he lett the same land (as this deponent thinketh) was because his nearest //
    dwellinge was twoe myles from the said West mylle. //

    Angell Smith    Tho: Barnes    Will: Glesone    Jo: Notley

Dorchester / Fordington Page      OPC Page