Lease – Francis Radcliffe to Robert Jackson – 14 Nov 1678

Articles of Agreement Indented Concluded and Agreed Upon the fourteenth day [of] November One Thousand Six Hundred Seaventy eight Betweene Sr. Francis Radclyffe of Dilston in the County of Northumberland Barrt: of the one part and Robt. Jackson of Stockton in the County of Durham Merchant and Benjamin Purchas of Langton in the County of Yorke gentleman as followeth



Imp[rimis]: It is agreed Upon betwixt the said p[art]yes that the sd. Robert Jackson and Benjamin Purchas their Heires Executors Adm[inistrato]rs or Assignes shall have all the Lott & Tyth of Lead Oar now gotten & to be gotten within the Manor of Alston Moore for the Tearm of Twenty One yeares comenceing from the day of the date hereof (1678) and that they the Sd. Rob. Jackson & Benjamin Purchas Shall Lead all the sd. Oar from the Groves to the Smelting Milne of Woodhall within the mano[r] of Warke and County of Northumberland afore Said at their owne proper Cost & Charge Payinge & delivering from tyme to tyme to the said Sr. Francis Radclyffe or his Assignes at the Smelting Milne for Every seaven Bing Load of Oar that shall be delivered to them at the Groves according to the weight now Used in the said Mano[r] One Futher of Good and well Smelted Lead according to the Usual weight & Quantities which Sr. William Blackett & <Mrs> Bacon now Sell by before they the said Robt. Jackson and Benjamin Purchas dispose of the over plush or any part thereof: 



Item the said Sr. Francis Radclyffe is to Build or otherwise find them a Smelting Milne with four Harthes & all Materialls belonging to it which they the said Robert Jackson and Benjamin Purchas are from tyme to tyme and at all tymes during the said Tearme to keepe in good & sufficient Repaire & to smelt no Oare therein but what shall be delivered by the sd. Sr. Francis or his Order. And likewise the sd Sr. Francis is to find them Chopwood during the said Tearme to be Cut and Lead at their Charge and to be set out by the sd. Sr. Francis or his Assignes in Hexhamshire Coastly westwood the Barroney of Langley or Wooley haveing free Egres and Egres in all or any of the said places giveing reasonable Sattisfaction to the Tenants thereby demmised at the Judgem[en]t of the Said Sr. Francis Provided that the Said Sr. Francis his Tenants shall have the Leading of the Said wood before others doeing it as Reasonably as others and that noe Oake Esh Elme or any other Timber wood be Cut for the said Smelting Milne without a particular order in writing under the Said Sr. Francis his hand & Seal which Chopwood they are only to make Use of for Smelting Oare at the sd. Milne and not otherwise leaveing yearly and every year Sufficient Underwood for Repairing the Tenants Hedges all which sd. Chop wood is to be cut before the Twenty fifth day of March and not to begin to Cut till the Eighteenth of October in any year during the sd. Tearme of One and Twenty yeares. 



It[e]m it is agreed that if the said Sr. Francis Radclyffe during the Sd. Tearme shall have any other Lead Oar besyde Lott and Tyth within the sd. Manor of Alston Manor or any other place further distant than the Said Manor wether he Buy it or other wise they the said Robert Jackson & Benjamin Purchas are to have the Same paying for it as before mentioned Viz: for every Seaven Binge Load of Oar one futher of Good and well Smelted Lead, It[e]m it is agreed the said Robert Jackson & Benjamin Purchas at the end of the Sd. Tearm of Twenty One yeares are to have Liberty for six monthes tyme to Smelt all Such Slagg or Blacke worke at the said Milne as shall then be remaining and at the end of the Said Tearme they the said Robert Jackson and Benjamin Purchas are to leave the said Milne & all Materialls in Good & Sufficient Repaire. 



Item that the Said Sr. Francis Radclyffe doth hereby give unto them the said Robert Jackson & Benjamin Purchas their Executors and Assignes all his right and Authority that he hath or shall have or his Heirs Exec[uto]rs or Assignes after him for the first Seaven years of the afore Said One and Twenty yeares the right of <pr.emption> right and Authority for them to Buy all the rest of the Said Oar gott and to be gotten within the premisses aforesaid to their own proper Use and Advantage and that the sd. Sr. Francis Radclyffe is to have the Sum of two pence per Sack for every Sack of Chopwood & to be Chopped at the prop[er] Cost & Charge of the said Robt Jackson & Benjamin Purchas or their Assignes for all the Chopwood they Use over and above all the Lott and Tyth of Lead Oare aforesaid or else two shillings six pence per Futher 

and to be at the Election of the said Sr. Francis. And that the sd. Sr. Francis Radclyffe doth for himself his Exec[uto]rs Adm[inistrato]rs and Assignes by these presence give Liberty & Authority to them the said Robert Jackson and Benjamin Purchas their Exec[uto]rs and Assignes to make dams Races water Courses git [get?] and Lead stones and all other Conveniencyes that may be here after Serviceable to the Carrying on of the workes & the premisses afore said and every part there of and that the sd. Sr. Francis & his Assignes will from tyme to tyme Set out and appoint Sufficient Quantities of Chopwood next ajoyning to the sd. Milne that the Milne may at noe tyme here after be Stopt or stand for want of wood for Smelting Oar into Lead. And the Said Robert Jackson & Benjamin Purchas doth by presents for themselves their Executors & Adm[inistrato]rs Agree to & with the sd. Sr. Francis Radclyffe & his Heires that they shall & will Smelt at least Three Hundred Futher every year each Futher contayning One and Twenty Hundred Weight Soe Long as the Lott and Tyth of Lead Oare will afford the like Quantitie from the first of June next ensueing the date hereof, 



And the sd. Sr. Francis Radclyffe doth for himselfe his Heires Exec[uto]rs & Adm[inistrato]rs by these presents covenant and to & with the sd. Robert Jackson and Benjamin Purchas their Heirs and Assignes that for all the Lott and Tyth Oare afore sd. that is not or shall not be well washed dressed & fitted for the Oare Harthes to Smelt that they the sd. Robert Jackson & Benjamin Purchas their Heires & Assignes finding cause to wash & dress the same over againe that he the sd. Sr. Francis Radclyffe his Heirs and Assignes will pay & beare the Charge thereof or other wise pay them the Said Robert Jackson & Benjamin Purchas theyr Heires & Assignes Upon demand if they lay out & disburse the same Provided they prove & make out Such Oar not Sufficiently dressed if there be a tryall at Law here after brought against the <Farmers> for breach of covenants for not washing their Oare according to their respective covenants 



And it is mutually agreed by and between all the p[ar]tyes to these presents that if the sd. Rob Jackson & Benjamin Purchas their Exec[uto]rs & Assignes doe at any tyme or tymes within the Space of Eighteen Monthes next after the day of the date of these presents find it more convenient for them to give over the p[er]forming of these present Articles & all the Matters and things therein contayned then the continueing the same for Twenty One yeares afore Said Robt Jackson and Benjamin Purchas their Heirs or Assignes declareing their inconveniency within the space of Eighteen monthes as afore sd. that then these p[re]sent Articles and every matter & thing therein contained whatsoever to be Utterly Voyd to all intents & purposes whatsoever 



And Lastly it is agreed by & between all the p[ar]ties to these presents that no bought Oar or any other Oar belonging to the sd. Rob Jackson & Benjamin Purchas is to be Smelted at the sd. Milne but when there is not Lott & Tyth of the sd. Sr. Francis Radclyffe to Smelt, But when there is no Lott & Tyth Oar of the sd. Sr. Francis Radclyffe to Smelt that then they sd Robt. Jackson & Benjamin Purchas their Heires & Assignes is to Smelt any other Oar into Lead at free will & pleasure & to have wood in the respective premisses <…. at …. pence> a Sack or two shillings six pence per Futher at the sd. Sr. Francis his Election [remaining 5- 6 words obscured]



[signed] Robert Jackson   Ben Purchas

[on verso:] sealed signed and delivered in the presence of 

Ephraim Selby / Mark Stokoe / <Rich> Hayles