Lease – Francis Radcliffe to Cecily Bacon – 26 May 1674

This Indenture made the Twentieth day of May in the Six & Twentieth yeare of the Raigne of our Soveraigne Lord Charles the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith Anno Dom 1674 Betweene Sr. Francis Radclyffe of Dilston in the County of Northumberland of the One partie and Cecily Bacon of Broadwood Hall in the parish of Allandale & County afore Said widow of the other party  Witnesseth that the Said Sr. Francis Radclyffe for divers Good causes and Considerations him these <p.sents moveing> & especially for the Consideration hereafter expressed Hath demised Granted & to farme Letten and by these presents doth demise grant & to farme Lett unto the Said Cicily Bacon Her Executors & Adm[inistrato]rs & Assignes 



all and Singular the Lead Mines and minerals and mine walls & all other Mines & mineralls Ores Earthes metals & stones of what Kind soever they be (Coale mynes only excepted) lying and being found & to be found at a certaine place called Fistin Rake within Alston moore in the County of Cumberland lately discovered & wrought by the Said Cicily Bacon or her Assigned work men or Servants as the Veines of the Lead Mynes shal Lineally extend them selves Soe as the Bounds of the said mynes contayne not above Threescore yards in Breadth with convenient Roome on eith. side of the Said Veines for their necessary Uses in laying or dressing of Oare or other dead heaps which shall be Landed out of the said workes with free Liberty & power within any of the Limits & Grounds afore said or within any reasonable Bounds of the same to digg trench & Cutt water Gutters drifts and damms as well in and under the Ground for conveying the water from the said mines as above for bringing the water to wash the said Oare and Mettalls and for workeing washing scouring stamping & dressing of the Said mynes Mineralls Oares & Mettalls with the like power and Authoritie to Build & Sett Up House & Houses for her & the workemens Lodgeings and ease with all other House & Houses needfull for the said workes the said Houses and Buildings being Sett upon the wastes and Commons not severally Enclosed or Severally belonging to any the Tenants or Lessees dwelling neere the said workes here by demised with like power and Lycence to digg delve Cutt Cast pull & gather all and all manner of Peats Turfes and Lynge for the Use and behoofe of the Said Cicily Bacon her Execu[to]rs Assignes deputies Servants and workemen as afore Said to be Used for fire covering & other necessary occasions for the Said workes as formerly hath beene Accustomed with free ingress egress and regresse for all manner of Carriages & passages into & from the said workes or any of them together with all proffitts advantages and Comodities to the said workes belonging or in any wise appertaining in as ample beneficial & large manner & Formes to all Contents and purposes as the said Sr. Francis Radclyffe hath or of right ought to have in hand to the said demised mines mineralls workes & premises before by these presents demised & Granted or mentioned or intended to be here by demised & Granted to Have and to hold the said Lead Oare mynes Mineralls Oares Earthes Mettalls & Stones with all powers privilidges Lycences & Authorities Touching the Said mynes before in these presents Granted and all and Singular other the premises before in and by these presents demised to the only Use and behoofe of the said Cicily Bacon her Execu[to]rs Adm[inistrato]rs & Assignes from the day of the date of these presents Unto the full end & Tearme of Twenty One years from thence next following fully to be compleat and ended 



yeeildinge paying & delivering therefore yearly during the said Tearme To the said Sr. Francis Radclyffe his Heirs or Assignes the full fifth part & portion of all Lead Oares and other Mineralls and Mettalls to be digged mined & dressed in man[n]er and forme following (that is to say) at & upon every wash & washing place to be had & made of all or any of the said Lead Oares & Mineralls as afore Said before the Same Shall be delivered to be Smelted or made into Lead or otherwise connected to any other Use or Uses the full fifth part Shall be delivered well washed & dressed according to the best manner fit for Smelting to the Said Sr. Francis Radclyffe his Heirs or Assignes in or at Such place or places as the Said Lead Oare or other mineralls shall be gotten washed or dressed with in any of the Limitts or bounds before mentioned and the Said Sr. Francis Radclyffe for himselfe his Heires Executors Adm[inistrato]rs & Assignes doth Coven[an]t and Grant to & with the Said Cicily Bacon her Executors Adm[inistrato]rs and Assignes that the Said Sr. Francis Radclyffe his Heires Execu[to]rs Adm[inistrato]rs & Assignes shall & will for the furtherance of the Said Workes Constitute one or more deputy or deputies officer or officers to and for receaving & takeing of the S[ai]d fifth part of all Such Oares & other mineralls as from tyme to tyme Shall be gotten and made ready to be delivered during the Said tearmes And if it shall happen the S[ai]d Sr. Francis Radclyffe’s Heirs Assignes or their officers or deputies doe not come to receave the S[ai]d fifth part being there Unto required in writeing by the Said Cisilia Bacon her Execut[o]rs Adm[inistrato]rs or Assignes or by her or their Agents Servants or Factors at the place or places where Such division or partition is to be had or made as afore Said but willfully or negligently doe refuse or Omit the same That then & from thenceforth it shall & may be Lawfull to and for the Said Cicily Bacon her Execu[to]rs Adm[inistrato]rs and Assignes in the p[re]sence of two Sufficient Witnesses or more to divide & part the Said Lead Oare Mineralls & Mettalls before mentioned into five equall parts & one such equall fifth part thereof being Left for the Said Sr. Francis Radclyffe his Heires or Assignes and there carefully preserved & kept in a good Sufficient & convenient Bingstead apart & by it selfe without Fraud or deceipt Untill the S[ai]d Sr. Francis Radclyffe his Heirs or Assignes Shal by writeing Under his or their hand & Seale order the Remouveall there of And if the Said Cicily Bacon or her Agents shall weekely (that is to say every Munday draw Up & have in readiness for the Said Sr. Francis Radclyffe or who he shall order at any tyme to Receave it a true just & Exact account fairly writ & signed by her or her Agents particularly mentioning the Number of Bings Horse Loads and poakes of Oare or other mineralls or mettalls that hath beene dayly delineated in the fore going weeke at Fistin Rake These it shall be Lawfull to & for the Said Cicily Bacon her Exec[uto]rs Adm[inistrato]rs & Assignes & the deputies Servants or Agents of her or them the fifth part being so divided and Left as afore Said to take carry away Use & dispose of the other four parts & every or any part or p[ar]cell thereof to the only Use & behoofe of the Said Cicily Bacon her Exec[uto]rs Adm[inistrato]rs or Assignes, 



and more over the said Sir Francis Radclyffe for himselfe his Heires Exec[uto]rs Adm[inistrato]rs & Assignes doth covenant & grant to & with the s[ai]d Cicily Bacon her Exec[uto]rs Ad[ministrato]rs & Assignes that for & in consideration of the said fifth part before & in these presents Specified and referred to be yeeilded & delivered in manner & form above mentioned she the s[ai]d Cicily Bacon her Executors Adm[inistrato]rs & Assignes & her & their Agents workemen & Serv[an]ts shall & may peaceably & quietly have hold occupy worke Use & injoy the said mines of Lead Oare & all other mynes mineralls Earthes & Stones before in & by these presents demised & granted & also all power previledges and Authorityes for digging mineing washing drawing of waters Building of Houses & all other the premises before in these present mentioned and Granted without the Lett trouble or Interruption of the said Sr. Francis Radclyffe his Heirs or Assignes or any other p[er]son or p[er]sons what so ever clameing by from or Under him them or any of them during the said Tearme of Twenty One years And that the said Cicily Bacon her Exec[uto]rs Adm[istrato]rs & Assignes shall at the end or other determination of this p[re]sent demise or surrendering thereof Leave two Standing Shaftes well Timbered upon the fore heads of the Rakes & that it shal be Lawfull to & for the said Sr. Francis Radclyffe his Heires and Assignes to Sink & worke soe many Shaftes as he & they shall think fitt & convenient in or upon the same Veines soe that it be at least Thirty score yards in length from the place & places now digged & wrought the said Cicily Bacon her Exec[uto]rs Adm[inistrato]rs and Assignes haveing the first offer of such workes anything here in contained to the contrary notwithstanding 



and Lastly that it shall be lawfull for the said Sr. Francis Radclyffe his Heirs or Assignes or any other by his or their appointm[en]t to view the said mynes from tyme to tyme during the afore Said Tearm to the end they may be orderly & sufficiently wrought & that the said Sr. Francis Radclyffe his Heires  & Assignes are to have the first offer of all the Oares and other Mettalls wonn within the demised premises by the said Cicily Bacon or her Assignes officers or servants at the usual Rates from tyme to tyme provided alwayes & upon Condition that if the said Cicily Bacon her Exec[uto]rs Adm[inistrato]rs Assignes or any of them Shal not at all tyme & tymes hereafter during the said Tearm diligently endeavor to discover & bring to p[e]rfect workeing the said veines of Lead Oare at Fistin Rake afore said & follow the workeing of the same so long as it shall continue worth workeing, but shall either negligenty or wilfully desist or surcease from the orderly workeing of the said workes by the space of two monthes together or Shal conceale any Oare without giveing one full fifth part to the s[ai]d Sr Francis Radclyffe his Heires and Assignes anything before in these p[re]sents contained to the contrary in any wise notwithstanding In witnesse whereof the said p[a]rties to these present Indentures have Interchangeabley put their hands and Seales the day and year first above written.



Cisilia Bacon   her Marke [a letter ‘B’ on its side]