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 15Exchequer. 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’sWest 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:

    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:

    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:
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//

    Folio 6: [William Byrd continued]

    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 hereto f[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 //

    Angell Smith    Tho Barnes    Will Glesone    Jo Notley


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