Lease – Edward Radcliffe to John Errington – 25 Mar 1699

This Indenture made the Five and twentieth day of March in the yeare of Our Lord God One thousand six hundred ninety and nine an[no] d[omini] Betweene the Right honble. Edward Earle of Derwentwater of the one part and John Errington of Beaufront in the County of Northumberland Esqr. of the other part witnesseth that the said Earle of Derwentwater for and in consideration of the yearly rent Covenante and agreemente hereinafter reserved and menconed hath demised bargained sold and to Farme lett and by these presents doth demise bargaine sell and to Farme lett unto the said John Errington 



All that peece or parcel of wast ground Situate lyeing and being in Alston moore in the County of Cumberland wherein the said John Errington by the leave and consent of the said Earle of Derwentwater now laid a Foundacon for the Erection and building of a Smelting Mill for the melting and running of Lead Oare into lead and also such quantity and soe much more of the same wast ground contiguous and adjoyneing to the said Foundacon that shall not exceed Five acres in the whole same quantity and space of ground to be fenced and bounded by certaine Marks meets and meer Stones or otherwise to be fenced and Inclosed in manner and according as the said John Errington his Executors Administrators or assignes shall think proper and convenient for the distinguishing seperating and divideing of the same from the other waste and wast grounds in Alston Moore aforesaid 



To have and to hold the said peece or parcell of Wast ground and the said Foundacon thereupon laid and the said Quantity or space of ground thereto contiguous and adjoining not to exceed Five acres in the whole as aforesaid unto the said John Errington his Executors Administrators or assignes for and dureing the terme of ninety nine years  from henceforth next Ensueing fully to be compleat and Ended if that the said John Errington Thomas Errington Gent his Brother and Thomas Loraine of Whitfeild Leadmill in the said County of Northumberland Gent or any of them shall no longer live Yeilding and paying  therefore yearly dureing the said Terme the rent of Tenn Shillings of good and lawfull money of England upon two feastes or dayes of payment in the yeare that is to say the Feasts of St. Michaell the Arch Angell and the Annunciacen of the blessed Virgin Mary by equall porcons the first payment to begin and be made upon the Feast of St. Michaell the Archangell next ensueing the date of these presents 



And this Indenture further witnesseth and the said Earle of Derwentwater for the same Consideracons hath given and granted and by these presents doth give and grant unto the said John Errington his executors Administrators or assignes full and free leave license power and liberty at any time dureing the terme hereby granted To build up erect and finish the said Smelting Mill whereof the Foundacon is laid and begun for the melting and running of Lead Oare into Lead as aforesaid And also to set build and Erect such and soe many and all other houses and buildings hovells Shedds and ereccons in and upon the hereby demised peece or parcell of ground and premises as they or any of them shall think fit proper and convenient for the Smelting and melting of lead Oare or any other Oare to be got and won in and upon any the waste wast ground or other groundes of and in Alston Moore aforesaid together with the power and liberty to cut and make gutters or watercourses for the bringing and conveying of water to the said mill and other buildings as likewise for the raiseing and makeing of Damms Stanks and pooles for the keeping and holding of water for the use and Convenience thereof And alsoe from time to time as Occacon shall require to Cast peates and turfes digg and win Stones and all other things in and upon the demised premises and the wast grounds thereto adjoyneing fit and usefull as well for the said Mill and for the Smelting of Oare therein as for the said other houses and erections to be set up and erected for the purposes aforesaid provided such and the said peets turfes Stones and other things to be got cast and won may not be to the prejudice or damage of the said Earle of Derwentwater his heires or assignes his or their Tenants or farmers of and in Alston moore aforesaid provided that the said John Errington his Executors or Administrators from time to time dureing the terme hereby granted shall save harmlesse and Indemnifyed the said Earle his heirs or assignes from and against all losse damage costs charged and executed which he they or any of them shall beare Sustaine or be put unto upon any accon Suite or protest whatsoever to be sued out or prosecuted against him them or any of them by reason thereof or by any wayes or meanes relateing thereunto 



And the said John Errington for the considerations aforesaid for himselfe his heires Executors and Administrators doth Covenant and grant to and with the said Earle of Derwentwater his heirs and assignes by these presents that the said John Errington his heires Executors or Administ[rato]rs from time to time and at all times dureing the tenure hereby granted shall and will save keep harmlesse and Indemnifyed the said Earle his heires and assignes of and from all losse damage charges and expences which he or they shall or may bear sustaine or be put unto for or by reason of any Accon Suite or processe to be sued out or prosecuted against him or them by any person or persons whatsoever upon account of this present grant and demise of the said premisses or of the said power and liberty for the Erecting of the said Smelting mill houses and buildings thereupon or the Casting and wining of the said peets turfs and Stones or of any of them respectively or otherwise relateing to the same Demise and Libertyes or any of them respectively and also that noo lead Oare or other Oare dureing the said Terme shall be carryed or conveyed from any grove or groves whatever unto the said Smelting Mill but in pokes and upon hired horses according to the usage and Custome for carrying of Oare in Alston Moore aforesaid or in pokes and upon other hired carriages provided the said Earle of Derwentwater his heirs or assignes (after being made acquainted with the same) by note or writeing under his or their hands shall consent and agree thereunto 



And further that the bookes of Accounts or Entrys of all the severall Quantityes of Lead Oare to be carryed from the said John Erringtons Grove of Lead called Blagill as likewise the bookes of Accounts or Entrys of all the severall Quantityes of Lead or other Oar to be delivered at the said mill shall from time to time (upon request thereof) be produced and shown unto the said Earl’s Moor Master or Steward of his Mines for the time being or to any other appointed by the said Earle his heirs or assignes To Inspect the same and also that a faire Copy of each of the said Accounts for the then last and next before preceeding years shall dureing the terme hereby granted at or about the feast of the Nativity of our Lord Christ every yeare be delivered to the said Moor Master after being first sworn to by the said John Errington his Executors Administrators or Assignes or his or their proper agents Imployed at the said Mill and Grove In such words or manner and before such Magistrate as shall be reasonably Required and directed by the said Earle his heires or assignes or those deputed by him or them on that behalfe 



In witnesse whereof the partyes first above named to these present Indentures have Interchangeably sett their hands and seales the day and yeare first above written



J: Errington  [signed]