Lease – Francis Radcliffe to John Vazie – 6 May 1689

1689. May 6. Indenture by which Francis, earl of Derwentwater, leases to John Vazie, of Lowbyer in Aldston Moore, co. Cumberland, gentleman, the lead mines and minerals and all other mines and minerals ores, earths, metals, and stones (coal mines only excepted) at Battle Green, near Gutter Gill, within Aldston Moore (not being within the compass of any former lease or grant there), lately discovered and wrought by said John Vazie, his assigns, workmen, or servants, as the veins of the lead mines shall lineally extend themselves, so as the boundaries of said mine contain not above three score yards in breadth, with convenient room on either side of the said mine for laying or dressing of ores or other dead heaps which shall be landed out of said works, with free liberty within any of the grounds, etc., to dig trenches and cut water-gutters, etc., to obtain water for washing, scouring, dressing, etc. the said ore, build houses for workmen, etc., said houses being set upon the wastes and commons not severally inclosed or belonging to any of the tenants or lessees dwelling near, etc., with free ingress, egress, and regress for all manner of carriages into or from said works, with all profits, advantages, etc. To have and hold said lead ore mines, minerals, etc., to the only use of said John Vazie, his executors, etc., from the date hereof unto the full end of 21 years Yielding and paying, during said term to said earl the full fifth part of all lead ore and other minerals to be digged, mined, and dressed in manner following, that is to say : Upon every washing place to be had and made of said lead ore, etc., before the same shall be delivered to be smelted, or otherwise converted to any other use, the full fifth part shall be delivered, well washed and dressed fit for smelting, to said earl. And said earl covenants with said Vazie [illegible, but apparently binding the earl to appoint agents to receive his portion, and if they do not come at proper time and place] it shall be lawful for said Vazie, in the presence of two sufficient witnesses or more to divide said lead ore, etc., into five equal parts, such equal fifth part thereof being left for said earl and carefully preserved and kept in a good and sufficient bing-shed apart by itself, without spoil (?) or decay, until said earl shall by writing under his hand and seal order the removal thereof. And if said Vazie shall every Monday draw up and have in readiness for said earl, or whom he shall order at any time to receive [illegible] exact account fairly writ and signed by him or some of his agents, particularly mentioning the number of bings, horse loads and poaks of ore or other minerals, etc., [illegible] delivered in the foregoing week at Battle Green, then it shall be lawful for said Vazie, his servants or agents, the fifth part being so divided and left as aforesaid, to take, carry away, use, and dispose of the other four parts, or any part thereof to the only use of said Vazie. Further covenants provide (1) for peaceable possession and surrender, (2) liberty of inspection by lessor and his agents to ensure orderly and sufficient working, (3) lessor to have first offer of all the ores and metals won, at usual rates from time to time, and (4) voidance of the lease if lessee do not diligently endeavour to discover and bring to perfect working said veins, or desist from orderly working for two months together, or conceal any ore, or neglect upon demand to give in a weekly account, or neglect to deliver the earl's fifth well washed and dressed for smelting, 

Signed, DARWENTWATER, Witnesses : Tho. Errington, Ralph Lomas, Matt. Gilby.