Deposition – Margaret Grey – 1 Jun 1680

Document Type: Deposition
Date: 1 Jun 1680
Correspondent: Margaret Grey
Archive Source: NRO 753 J
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       To the Right Honoble Henege Lord Finch Baron of Daventry Lord High Chancellr of England. Complaineing sheweth unto yor Lordshipp your dayly oratrix Margarett Gray of the Towne & County of Newcastle upon Tyne widow & Relict of Ralph Gray late of the said Towne and County Marchant and Alderman And Admin[estri]x of the goods & chattels of the said Ralph Gray 

       That one James Briggs late of the Towne & County of Newcastle upon Tyne merchant being in his life time seized of Divers Lands & Tenem[en]ts in the County of Durham & Towne of Newcastle upon tine and also seized of a third part the whole in three parts to be devided of certain Lead mynes called the Grass Groves in the Great Comon of Theasdaile in the County of Durham and possest of a fourth part of certaine Lead Mines in certain Lands called Satlingstone & [haudonfleild] in the County of Northumberland held by the lease from some one of the late Earles of Northumberland nowe expired and of a twenty fourth part of certain Coale Mines called the Grand Lease Colleiry lying in the parish of Gateshead & Whickham in the County of Durham & of other personall estate consisting of Ready Money household stuffe & other goods & Chattells the certainety whereof yor oratrix knows not & the s[ai]d James Briggs being sick of the disease hee after died of made his last & Testament in writing & gave to Roger Briggs his oldest sonne the Lead Mines att the Grass Groves & the said other Lead Mynes & the said twenty fourth part of the said Grand Lease Colliery & gave severall leases & Portions to his fower younger Childeren (that is to say) to Thomas Robert Katherine & Margarett & made Agnes his wife & the s[ai]d Roger his oldest sonne Executors of his will as by the s[ai]d last will & Testament of the s[ai]d James Briggs if yor oratrix had the same to showe to his Honoble Court would appeare And yor oratrix farther showeth that after the deat of the said James Briggs the s[ai]d Roger Thomas Robert Katherine & Margeratt lived with their said mother till she marryed Robert Ellyson of the Towne of Newcastle upon Tyne Marchant which was in about the month of – [left blank]

       And Shee yor oratrix further sheweth that betwixt the time the said James Briggs dyed & her the s[ai]d Agnes her marriage with the said Robert Ellyson the s[ai]d Agnes Briggs & the s[aid] Roger Briggs or the one of them lett out all Interest & otherwise all or the greatest of the ready money which the said James Briggs left at his death & took securityes for the same in theire or one of theire names out of which moneyes the younger childrens portions of the s[ai]d James Briggs were to be paid And the said the s[ai]d Agnes Briggs att her marriage with the s[ai]d Robert Ellyson took & Carryed away with her A considerable parte of the personall Estate of the said James Briggs which never returned any more to the estate of the said James Briggs but the said Robert Ellyson has the same & the s[ai]d Roger Briggs & all the rest of the children of the said James Briggs [except] the said Katherine after the marriage of there s[ai]d Mother came to live with your oratrixes said Husband Ralph Gray yor oratrix being there mothers sister & the Katherine lives att London & the said Roger Briggs after his s[ai]d fathers death did manage the s[ai]d Lead Mynes & Colliery which weer left him & took an Accompt of the Lead wrought & Charges about working the same & what benefit they made thereby the Ralph Gray having alsoe a third parte of the s[ai]d Grass Groves & a fourth part of the s[ai]d other Mynes 

       And the said Ralph Gray was assistant to the s[ai]d Roger Briggs in what he could towards the managing his Lead Mynes & Colliery but never intermedled with any the Lead, which belonged to the said Roger nor oversold or disposed of the same or any parte thereof or took or received any money or other thing for the same & the said Roger Briggs afterwards made his will & thereby Gave to the said Katherine his sister since maryed to Robert Thorowgood of Lynn Regis in the County of Norfolk Marchent the moiety of the said Lead Mynes & made her Executrix of his will as by that will alsoe if yor oratrix had the same to show may appeare & the said Roger Briggs on or about the one and twentieth day of March in the yeare of our Lord 1673 died att your oratrixes house in newcastle upon Tine at which time the s[ai]d Katherine was at London  & what money Bonds Bills Specialties deeds writtings evidences Books of accompts & other accompts & papers which belonged to the said Roger or to the s[ai]d James Briggs & were in the possession of the said Roger at the tyme of his death were kept in a load & case of drawers till the s[ai]d Katherine came to Newcastle from London which was in the month of may in the year of  our Lord 1674 & from the time of the death of the s[ai]d Roger till the s[ai]d Katherine came to newcastle as aforesade the said Ralph Gray managed the said Lead Mynes for the said Katherine & when the Katherine came to Newcastle from London she the said Katherine had & received from the said Ralph Gray all the money Bonds Bills & Securityes which the s[ai]d Roger Briggs had at his death & all the James Briggs & the s[ai]d Roger Briggs their Books of Accompts concerning the s[ai]d lead mynes or any other Accompts of money lent or secured & which were then [supplied] soe the s[ai]d Katherine knew every penny of money the s[ai]d Roger Briggs had at his death & every bond bill specially or Security for money which he had at his death & the s[ai]d Katherine after the Death of the s[ai]d Roger & that she came to newcastle managed her estate herself took in and lett out money received Interest took securityes in her owne name & altered & did what she pleased with what money came to her hands either out of the personall or out of the said Lead Mynes & what profficts was made out of the s[ai]d Lead Mynes after the death of the s[ai]d Roger She the s[ai]d Katherine had and was p[ai]d to or for her use & by the Direccons & what proffictt the s[ai]d Ralph Gray received out of the s[ai]d Lead Mynes which belonged to the s[ai]d Katherine or other children or out of the other personal estate was laid & paid out for the s[ai]d Katherine & by her ordr & for charges about the s[ai]d Lead Mynes & for mainetaineing of her & the other children of the Agnes Briggs & hath been Accompted for by the s[ai]d Ralph Gray & an accomt given to him the s[ai]d Robert Thorowgood & Katherine his wife after there Intermarrage in or about the month of June in the yeare of our Lord 1676 which accompt was drawne out by the books papers & noates which he had of his owne & of the Stewards & persons imployed for the seeing & looking into the working of the said Lead Mynes the said Robert Thorowgood haveing been married with the s[ai]d Katherine about eight months & before the time of that Accompt which was given in June or July in the year of our Lord 1676 the severall particulars of the said Accompt as of receipts payments & disbursmts were made out of fully to the s[ai]d Robert Thorowgood & these very particulars notes papers & vouchers which the s[ai]d Ralph Gray & the s[ai]d other persons who were imployed in & about the s[ai]d Lead worke had & by which the same Accompt was made upp were delivered to the said Robert Thorowgood with the Accompt ittselfe which the said Robert Thorowgood & Katherine his wife or one of them still have & lately had & at that verry tyme when the s[ai]d accompt was stated & made there was an Agreem[en]t made betixt the said Robert Thorowgood & Katherine his wife and the said Mr Robert Ellyson the s[ai]d Agnes his wife being then dead after the death of the said Roger) Ralph Gray & other freinds settling out such securityes as were takeing by the said Agnes Roger & Katherine for money which belonged to the said James Briggs for makeing upp the porcons of the s[ai]d Katherine Thomas & Margarett left them by the said James Briggs by there said fathers will & there were severall of these bonds [& securityes delivered] to the said Robert Thorowgood for the said Katherine & Margaretts porcons & severall other of thoses securytys lef[t] in the hands of the said Ralph Gray for the porcons of the said Thomas & Robert & yor oratrix further showeth that the said accompt soe given as aforesaid was allowed & approved of by the said Robt Thorowgood & his said wife or one of them & they had noe manner of objections against the same nor overquestioned the said Ralph Gray whilst he lived about the said accompt or desired any other or fuller satisfactions concerning the same 

       And the s[ai]d Ralph Gray about the month of December after the makeing of the said accompt died Since whose decease yor oratrix took Admin[istra]tion of the s[aid] goods and Chatteles of the s[aid] Ralph Grey her late Husband & did never imagine that the said Robert Thorowgood & Katherine his wife would have given your oratrix any trouble or brought any suites against her for any [of] the personall estate which belonged to the said James Briggs or to the said Roger Briggs or to the said Katherine Shee yor said oratrix haveing noe manner of way intermedled therewith or concerned herself therein butt now soe itt is may itt pleas yor Lordshipp that although the said Robert Thorowgood & Katherine his wife have all the books of accompts writings & papers which belonged to the said James Briggs & Roger Briggs or either of them & have all the books papers & Accompts which the said Ralph Gray or the said persons imployed about the said Lead works had and by which the said Lead accompt was made upp have all the bonds & securityes which were taken by the s[ai]d James Briggs Agnes Briggs Roger Briggs & Katherine Briggs or any of them for any money which belonged to them or any of them (exept the said securityes which by the said agreement were depossited unto the hands of the Ralph Gray for the use of the said Thomas & Robert Briggs & have there agreem[en]t ittself in writeing & Cannot receive any fuller satisfaction  touching the said accompt then they have had & can have if they will take the paines to look [at] the books papers & accompts which they have in there custody as aforesaid yett they the said Robert Thorowgood and Katherine his wife Imagining that there was greater advantige made of the lead Mynes then in truth there was & that the said Ralph Gray gott more for his own share then he should have have had & that the said Roger & Katherine want a great parte of the profficts which the said Ralph Grey Gott as they alleadged alleadging that they never [was] any such disbursm[en]ts by the the said Ralph Gray about the said Lead mynes & otherwise as the said Ralph Gray in his said Accompt hath given into the s[ai]d Robert Thorowgood & alsoe vainely conceiveing the personall estate of the said James Briggs was much much more than in truth it was [& takeing] the advantage that the said Ralph Gray who onely knew the truth of the [premises] & was able to make out the said accompts paym[en]ts disbursem[en]ts is dead & that your oratrix his Relict is a Stranger to the same they the said Robert Thorowgood & Katherine his wife seeme mightily dissatisfied with the said accompt & would receive satisfactions from yor oratrix as to the same accompt & would have yor oratrix who is a meere stranger to the Said Ralph Grays receipts & payments about the said Lead Mynes [whilst] had managed the same for the said Katherine or had the keeping and maintaineing of the children of the said James Briggs & hath nott the least book paper or noate of accompt which belonged to the s[ai]d Ralph Gray in Relacon to the estate of the s[ai]d James Briggs Roger & Katherine or any of the children of the said James Briggs or any of them except a coppy of the said accompt to discover to the said Robert Thorowgood every particular of every Grosse Sume menconed in the said accompt & how such Sumes arise & for what & what payments were made in particular of the sumes mencioned in the said accompt to bee made & when & to [whom] & for what & soe to [preveall] all the particulars of the said accompt given in by the said accompt & if yor oratrix cannot doe the same then they endeavour to make yor oratrix liable to make them satisfaction out of the personall estate of the said Ralph Gray & [layt end] have a suit depending in this court against yor oratrix & yor oratrix had Answeared to the effect afores[ai]d & that she hath nott any books papers or accompts concerning the said Ralph Grayes manageing the said Lead Mynes or any estate belonging to the James Briggs save the coppy of the said accompt & such other accompts as are annexed to her answeare to the bill of the said Robert Thorowgood & his said wife prosecuted yor oratrix in this Court & will make yor oratrix liable to pay many hundreds of pounds as they [petitioned] due to them from the said Ralph Gray when in truth there is nott one farthing due but they rather indebted to yor oratrix & they well know that if they would produce the books of the said James Briggs his personall estate was butt small & noe such estate as they alleadged & the widdow of the said James Briggs heryte & the Childrens portons was the totall of that estate & if they the said Robert Thorowgood & his said wife would produse the books of the said James Briggs & the said Roger Briggs it would playnely appeare what the personall estate of the said James Briggs & Roger Briggs were & if they the said Robert Thorowgood & Katherine his wife would produce the said books of accompts papers & other memorialls they had which belonged to the said James Briggs & Roger Briggs or either of them or the books of accompts papers & noates in writeing they had  from the said Ralph Gray & the other persons imployed about the said Lead Mynes the particulars of the said accompt would playnely appeare & yor oratrix needed nott to be troubled to give any particular accompt how the Grosse Sumes or disbursements in the said accompt given by the said Ralph Gray arise & how the payments in the said accompt mencioned were made yett will nott they the said Robert Thorowgood or the said katherine his wife confesse they or either of them have or hath any any [sic] of the said Books of accompts papers or memorialls but sue yor oratrix for them & runne her to great charge & expence of money & would if they could lay upon & charge yor oratrix with all the sumes & disbursials by yor oratrixes said Husband made & menconed in the said accompt given by yor oratrixes said Husband not allowing one of them true & neither they the said Robert Thorowgood nor the s[ai]d Katherine his wife or either of them will confesse what money yor oratrixes said Husband p[ai]d to the said Katherine Thorowgood [since] the death of her said Late father or to any other for her or by her direcion or appointment nor will the said Robert Thorowgood & Katherine his wife or either of them confesse the truth of all or any [of] the premisses though oratrix hath divers times in a fare & freindly manner required them thereunto & more especially the said accompts bein[g] by this honorable Court directed to be taken by Sr John Knt one of the M[aste]rs of this Court the said Robert Thorowgood & Katherine his wife insisted before the said M[aste]r that noe sumes charged by the said Ralph Gray as paid upon the accompt of the said Roger Briggs & Katherine his Executrix or the said Robert Thorowgood in relacon to the said Lead Mynes ought to be allowed to the oratrix unlesse shee cann make proofe of the actuall payment, of such sumes, they well knowing, it is very dificult, if not impossible, for yor oratrix, to make puntuall proofes, of such actuall payment, But the said Robert Thorowgood & Katherine his wife well knowinge & beleiveing in theire consciences & haveing upon severall occasions declared that the said Ralph Gray was a very honest & punctuall man in his dealings & would nott charge any moneyes paid which had nott actually p[ai]d they ought to give credit to his Books & accompts by him Kept of such payments which they refuse to doe contrary to there [conscience] and more particulary whereas the s[ai]d Ralph Gray p[ai]d or delivered to the said Robert Thorowgood and his wife or order 100 piggs of Lead at £77:6s:5d & by one Woodrows bond £190 by Lead oare p[ai]d for the s[ai]d Robert Thorowgood £15 & by Cash paid to Richard Davey £12 & by Cash p[ai]d Mr Thorpe £8:9s:04d & by more cash p[ai]d to the Thorope £45 & by two yeares grasse wintering & Smiths note £10 & by legacies left by the said  Roger Briggs by one yeare & halfes table of the s[ai]d Katherine before her marrige £25 & for the Tabling of the said Margarett Briggs £22:10s & for halfe a years table of the said Thomas Briggs £10 & by one yeares Table of the said Robert Briggs £10 & by cash p[ai]d to Mr Lilburne for advice about the writeings £6:6s:9d by cash paid  Mr Lilburnes man for writeing them £5 & by cash p[ai]d to Mr Tempest Raine to draw up the accompt £6:6s and by Cash p[ai]d William Bowes as a third parte of <Wo. & si.e  Quineyes> which the said Robert Thorowgood ou[g]ht to allow the said suit being defen[d]ed against the said William Bowes at   this instance £36:13s:04d also £180:00s for Cloaths & [other] necessaryes for the pl[ain]t[iff] Katherine alsoe the sumes following p[ai]d by the said Ralph Gray upon accompt of the said Roger Briggs [paper torn – about two words lost] <Leadye> £11:2s for 44 piggs Mr  £4:9s for a wigg sent over to the said Roger Briggs £3:11s:6d by Cash paid the said Roger Briggs by Mr Webb £6 for half Charges of 210 piggs of Lead sent by Mr Thorope £6:11:6p By Cash p[ai]d the Said Roger Briggs by Mr Wm Sanderson for  halfe Lead £127:19s By Cash p[ai]d the deaneshipp which the s[ai]d Roger Briggs [received] £10:8s:4d To Mr Sayers by Mr Richardson £20 & more to Mr Say[ers]  by the s[ai]d Richardson £2:10s: & by the said Roger Briggs mans diett & other things £32:10s all which last mencioned Sumes are char[g]ed as paid by the said Ralph Gray in his Almanackes & with his owne hand writeing upon the accompt of the said Roger Briggs as alsoe in the same almanacke there is charged £400 to be paid to [ar] payable by one malabar & the said Robert Thorowgood & Katherine his wife doe well know & are satisfied in there consciences & doe beleave that the said severall Sumes were paid or disbursed by the said Ralph Gray in manner aforesaid upon the respective accompts of the said Roger Briggs Robert Thorowgood & Katherine his wife Some or one of them & that the Sumes ought to be allowed accordinly Butt they contrary to all Justice & Equity refuse any such matter & more Especially as to the said £400 charged 
Undated. Finch was Lord Chancellor from 1675 to 1682, he was created Baron of Daventry in 1673 and then Earl of Nottingham in 1681. This document must therefore have been written between 1676 (the year of the events described) and 1681 (the year Finch became an Earl). The Chancery Court records at the National Archives show that the case was commenced in 1678 (TNA C 22/831/7), and that pleadings (statements) in the case were taken in Northumberland in 1680 (TNA C 10/495/81). This document appears to have been Margaret Grey’s own copy of her statement submitted in that year. 1st June is used here


The case concerned a financial dispute with the Grey/Thorowgood family regarding the profits from mines. A later financial settlement of the court case, dated 10 May 1682, is also in Dukesfield documents. Other Chancery Court papers covering the case are in The National Archives under the piece references C 10/146/28, C 6/276/123.



The mines concerned are the Grand Lease colliery (Gateshead) and lead mines at Settlingstones and Haydon Field (Northumberland) and Grass Groves (Teesdale, County Durham). Shares in these were owned by Ralph Grey (husband of Margaret Grey) and James Briggs (husband of Agnes Briggs).  Margaret and Agnes were sisters. When James died his eldest son, Roger, inherited his share of the mines; the younger Briggs children (Thomas, Robert, Katherine and Margaret) were supposed to receive portions of other money, leases etc.  James’s will of 1668 is given elsewhere in Dukesfield Documents. Agnes Briggs subsequently remarried to John Ellyson, but then died in 1674.  Her children (except Katherine who was in London) went to live with their aunt and uncle, Ralph and Margaret Grey, so the families were still on good terms. 



Roger Briggs then died in March 1673, leaving Katherine his sister as executrix. She returned to Newcastle in May 1674 and took control of the estate including the share of the mines. Around this time she married Robert Thorowgood of Kings Lynn. Although not mentioned in this document, Katherine’s sister, Margaret Briggs married a John Thorowgood (see the 1687 financial settlement). Ralph Grey died in December 1676, leaving his wife in charge of his share of the mines and other assets as their son (also Ralph) was a minor. She passed the assets to her son in a document of 1687 (elsewhere in Dukesfield documents).



It seems that Robert Thorowgood and his wife alleged that the inheritance of the four younger Briggs children from their father Ralph had been diverted to their mother’s second husband Ellyson and to Ralph Grey who had lent out the money in their own name.  They also claimed that Ralph Grey had creamed off the mine profits after the death of Roger Briggs, before Katherine and her husband could regain control of their share. Margaret Grey counter-alleged that she was due money for upkeep of the Briggs children when they were living with her, and that proper accounts had been kept at the mines, which Robert Thorowgood and Katherine had seen and not queried. The inheritances of the younger Briggs children had been settled, at least in part, with the agreement of Thorowgood. She claimed she was still owed the Grey share of profit from lead sold by Roger Briggs before his death.



The 1682 settlement of the case with two of the Briggs children, Margaret and Robert, involved a financial calculation of how much the Greys had spent in upkeep of the Briggs children, how much inheritance was still due to the Briggs children from their late father, and how much money had been spent on, and profits taken from, the mines by the two partners. The final calculation showed that Margaret Grey had to pay a little over £400 to each of the them. Presumably there was a separate settlement agreed with the other two Briggs children, Katherine and Thomas. 



Interestingly, a John Thorowgood set up a cupella in the Mendips in 1686 to extract silver from lead: information from the Gore records at Somerset Records Office, as mentioned in

 http://www.chert.org.uk/Is%20this%20a%20deserted%20medieval%20village.pdf 

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The Dukesfield Smelters and Carriers Project aimed to celebrate and discover the heritage of the Dukesfield Arches & lead carriers' routes between Blaydon and the lead mines of Allendale and Weardale. A two year community project, it was led by the Friends of the North Pennines in partnership with Hexhamshire and Slaley Parish Councils and the active support of Allendale Estates. It was funded by the Heritage Lottery Fund and the generous support of other sponsors. Friends of the North Pennines: Charity No:1137467