Letter – John Webb to John Jackson – 13 Aug 1729

[Note in Margin:] Copy of a Mine Lease

      This Indenture made the thirtieth Day of August in the Year of our Lord One Thousand Seven Hundred Twenty and Nine Between Sir John Webb of Hawthropp in the County of Glocester Barrt. Grandfather Tutor and Guardian of the honourable John Radcliff Esqr now an Infant and under the age of Twenty One Years and the said John Radcliff of the one part and John Jackson of Scalebank Nicholas Richardson of Hillhouse and John Grindale of Aldston all in the County of Cumberland Yeomn of the other part 

      Witnesseth that the said Sir John Webb for and on behalf of the said John Radcliff and as his Guardian as well for and in consideration of the Rents and Covenants herein after mention'd and reserved as also for divers other good Causes and Considerations him hereunto moving& inducing hath demised sett and to farm letten and by these presents doth demise Sett and to farm lett unto the said John Jackson Nicholas Richardson and John Grindale their Executors Admrs & Assign 

      All that Mines of Lead or other Ore (the same not being within the Compass of any former Grant now in force) and all Mines of what kind so ever they be (Coal Mines excepted) as well open'd as not open'd found or to be found at a certain Place commonly called or known by the name of Bailhill in Aldston Moor in the said County of Cumberland So as the Grounds hereby granted contain in Breadth no more than Forty Yards on each side of the Main Vein of the said Mine  and in length no more than Six Hundred Yards at each end of the first or founder Shaft wrought or to be wrought by the said John Jackson Nicholas Richardson and John Grindale their Workmen  Agents or Assignes upon the said Main Vein & as the said Main Vein shall lineally extend 

      Together with free liberty to Digg and break up Earth and to work and get Lead or other Oar within all or any of the Premisses so limitted and bounded as aforesaid and also Egress Ingress and Regress to from and through the said Moor with any sort of Carriages for the Carrying away the Lead or other Oar that shall be got in the said Mine and for the carrying all such other Things to and from the said Mines as shall be used in or about the said working thereof, and likewise full liberty to do whatsoever is or shall be needful for the winning and getting of Oar, and for the washing and cleaning thereof 

      Together with Liberty to win Stones Slates Sand Gravel Clay Limestones Peat Turf Ling and Hather for the Building & Covering of Houses Lodges or Sheds for the said John Jackson Nicholas Richardson and John Grindale their Executors Adminrs Servants Workmen and Assignes to dwell in and for all other necessary Uses of the said Works as hath been accustomed  So as such Houses, Sheds and Lodges be built and the said Liberties be used no otherwise than on the Wastes and Commons and not upon any of the Grounds severally inclosed or severally belonging to ant Tenants or Lessees of the said John Radcliff  

      To have and to hold the said Mine (the same not been within the same Compass of any former Grant as aforesaid) and all and singular other the Liberties, Priviliges and Premisses above in and by these Present Leases Lett and to farm letten or mentioned or intended so to be with their and every of their Appurtenances and every part and every Parcell thereof (except before excepted) unto the said John Jackson Nicholas Richardson and John Grindale their Executors Adminrs and Assignes from the first day of May last past before the Date hereof for and during and unto the full end and Term of Six Years from thenceforth next ensuing fully to be compleat and ended  

      Yielding paying reserving and delivering therefore from time to time and at all times during the said Term unto the said John Radcliff his heirs or Assignes one full fifth part (the whole into five parts equally to be divided) of all the Lead Oar or other Oar which shall be gotten forth and out of all or any part of the said Leases Premisses the same to be well washed cleansed and preserved as is herein after expressed 

      And the said John Jackson Nicholas Richardson and John Grindale do hereby for themselves their Heirs Executors & Adminrs Covenant promise and agree to and with the said John Radcliff his Heirs Executors Adminrs and Assignes and every of them in manner following (that is to say) that they the said John Jackson Nicholas Richardson and John Grindale their Executors Adminrs and Assignes shall and will m time to time and at all times during the said Term before they shall dispose of any part of the said Oar leave or cause to be left apart and by itself in good and sufficient Bingsteads for the said John Radcliff his Heirs and Assignes on full fifth part (the whole into five parts equally to be divided) of all the Lead Oar or other Oar that shall from time to time be wrought and gotten forth and out of all or any part of the said leased Premisses the same to be well washed and dressed and after the best manner made fit for Smelting and to be as good and pure Oar as shall be carried away by the said John Jackson Nicholas Richardson and John Grindale their Executors Adminrs or Assignes or any of them 

      And also that from time to time and at all times until the Expiration or other sooner Determination of this Lease for the Space of two Years next after the said fifth part of the said Oar shall be laid by to or for the said John Radcliff His Heirs and Assignes as aforesiad they the said John Jackson Nicholas Richardson and John Grindale their Executors Adminrs and Assignes shall and will preserve and safe keep the same in the said Bingsteads from all embezleing or diminution of the said Oar and shall at the expiration or other sooner Determination of the said Term weigh and deliver or cause to be weighed and deliver'd to the said John Radcliff's Moor Master or to some other appointed by him for that purpose so much Oar as shall be then due to the said John Radcliff from the said Mines for his said fifth part (the said Delvery to be in Summer) and after giving three Months Notice to the said John Radcliff's Moor Master 

      And that at any time during the said Term of two Years It shall and maybe lawful to and for the said John Radcliff His Heirs and Assignes or any other Person or Persons who are or shall be authorized and appointed by any writing under the hand of the said Sir john Webb or of the said John Radcliff His Heirs and Assignes or under the hand of any other Person or Persons impower'd by him or them for that purpose to take and carry away the said Oar for the use of the said John Radcliff His Heirs or Assignes And that if it shall happen the said John Radcliff's fifth part of the said Oar shall fall short or be any way embezled or diminished before the said John Radcliff his Heirs or Assignes (within the said Space of two Years and before the Expiration or other sooner Determination of the said Lease) shall think fit to remove the same That then and in such Case the said John Jackson Nicholas Richardson and John Grindale do for themselves their Executors Adminrs and Assignes Covenant and promise to and with the said John Radcliff his heirs or Assignes that they the said John Jackson Nicholas Richardson and John Grindale their Executors Adminrs and Assignes or some or one of them shall and will answer and make full Satisfaction to the said John Radcliff his Heirs or Assignes for the same 

      And if the said John Jackson Nicholas Richardson and John Grindale their Executors Adminrs and Assignes or any of them do and shall refuse to make such Satisfaction for the same that then it shall and may be lawful to and for the said John Radcliff his Heirs or Assignes into the said Leased Premisses or into any part thereof in the Name of the whole to reenter and the same to repossess and reenjoy as in his and their former Estate (anything herein contained to the contrary thereof in any wise notwithstanding) 

      And further also that if they the said John Jackson Nicholas Richardson and John Grindale their Executors Adminrs and Assignes shall at any time during the said Term be desirous to sell his or their Shares of the said Oar that then and in such case the said John Jackson Nicholas Richardson and John Grindale their Executors Adminrs and Assignes  or any of them who shall be desirous to make such Sale as aforesaid shall and will before any such Sale be made first offer the same to the said John Radcliff his Heirs or Assignes, and that the said John Radcliff his Heirs or Assignes shall be preferred therein before any other Person or Person whomsoever the said John Radcliff His Heirs or Assignes paying unto the said John Jackson Nicholas Richardson and John Grindale their Executors Adminrs or Assignes or such of them that shall so sell his or their Shares of the said Oar such Price or Prices for the same as any other Person or Person will really and bonafide give for the said Oar And further that they the said John Jackson Nicholas Richardson and John Grindale their Executors Adminrs Servants Workmen and Assignes shall not for the above space of Twenty days in the whole in any one Year during the said Term discontinue working or using his and their best and utmost Endeavours for the most effectual working and winning of the said Mines 

      And shall and will constantly when the said Mines will allow thereof employ therein at least four Men (except on Sundays and other Holidays or in the Winter Season when by reason of Storms and bad Weather they the said John Jackson Nicholas Richardson and John Grindale their Executors Adminrs Servants Workmen or Assignes are so hindred as they cannot get to work the said Mines) 

      And that from and after such Discontinuance of working the said Mines for above the space of Twenty Days in any one Years as aforesaid (except as before excepted) this present Indenture of Lease and the Term of Years then to come and Unexpired shall cease determine and be utterly void and of none Effect And that then and in such case they the said John Jackson Nicholas Richardson and John Grindale their Executors Adminrs or Assignes shall within Three Months of such Discontinuance of working the said Mines Surrender this present Lease unto the said John Radcliff his Heirs or Assignes or unto his or their Moor Master to be Cancelled And further that from thenceforth it shall also be lawful to and for the said John Radcliff his Heirs or Assignes or his or their Moor Master into the said Leased Premisses or any part thereof in the Name of the whole to reenter and the same to repossess and enjoy as his and their former Estate (any thing herein contained to the contrary thereof in any wise notwithstanding) And further also that they  the said John Jackson Nicholas Richardson and John Grindale their Executors Adminrs and Assignes or some of them shall at the end of every Week during the said Term (if thereto requested by the said John Radcliff his Heirs or Assignes or by his or their Moor Master) make give and deliver to him them or some of them so requesting the same true fair and perfect Accounts in writing of all such Bings Horseload Sacks or Peaks of Lead or other Oar as in every precedding Week shall be takenand carried from the said Mines 

      And that they the said John Jackson Nicholas Richardson and John Grindale their Executors Adminrs Servants Workmen and Assignes and every of them shall and will during the whole Continuance of the said term work the said Mines fairly and orderly And that it shall and maybe lawful to and for the Moor Master of the said John Radcliffe his Heirs or Assignes or any Viewer or Viewers or other Person or Persons skilful in Mines and for that purpose appointed by him or them at any time during the said term at his and their Wills and Pleasure to ride or descend into all or any of the Pitts or Shafts within the siad hereby leased Premises to view and inspect the Working of the said Mines And that the said John Jackson Nicholas Richardson and John Grindale their Executors Adminrs and Assignes or any of them shall not at any time hereafter during the said Term do or cause to be done any wilful Act or thing whatsoever which may apparently hazard or endanger the loss or Damage of the said Mines 

      And further that it shall and may be lawful to and for the said John Radcliffe his Heirs or Assignesor any of them at any time during the said Term (if the same be requested under the hand of the said John Radcliff, or by his order under the hand of his Moor Master) to have the free use and liberty of any of the Watercourses Driffs or Levells belonging to the said leased Premisses for the better winning and working any other adjacent Mine or Mines belonging to the said John Radcliffe his Heirs or Assignes paying only such Recompense and Satisfaction for the same as by Persons equally chosen for that purpose shall be thought reasonable and suitable to the Damage done 

      And further also that the said John Jackson Nicholas Richardson and John Grindale their Executors Adminrs Stewards Servants and Assignes shall and will from time to time and at all times during the said term permit and suffer the Moor Master of the said John Radcliff or such Person or Persons as the said Sir John Webb or as he the said John Radcliffe his Heirs or Assignes shall by any Writing under his or their hands authorize and appoint to inspect and peruse all and every the account Books and Papers of account which the said John Jackson Nicholas Richardson and John Grindale their Executors Adminrs or Assignes or his their or any of their Steward or Stewards Servant or Servants shall from time to time keep for the placing and settingd down the Lead or other Oar which shall from time to time be wrought and carried from the said Mines 

      And also that they the said John Jackson Nicholas Richardson and John Grindale their Executors Adminrs and Assignes  or his or their Stewards or Book-keepers who shall keep the said Accounts shall and will once in every Week during the said term if thereto requested Compare his and their Accounts with the said John Radcliffe's Moor Master or Stewards Account and Sign and Subscribe his and their Name or Names  to the said John Radcliffe's Moor Master or Steward's Book or Books containing true Copies of the Weekly Accounts which shall from time to time be delivered as aforesaid 

      And that they the said John Jackson Nicholas Richardson and John Grindale their Executors Adminrs and Assignes shall and will at the end and Expiration or other sooner Determination of this present Demise leave two Shafts well timber'd and in good Order upon the Foreheads of the said Mines And shall and will also then deliver up the quiet and peaceable Possesion of the said Premises heeby granted unto the said John Radcliffe his Heirs and Assignes 

      And the said John Jackson Nicholas Richardson and John Grindale do further for themselves their Heirs Execrs & Adminrs and every of them Covenant Promise & agree to and with the said John Radcliff his heirs & Assignes that in case they the said John Jackson Nicholas Richardson and John Grindale their Executors Adminrs or Assignes do not at the end of the said Three Months next after such Discontinuance of Working the said Mines for the Space of Twenty Days in any one Year during the said Term as aforesaid (except as before excepted) give up & surrender the said Lease unto the said John Radcliffe his Heirs or Assignes to be cancelled That then they the said John Jackson Nicholas Richardson and John Grindale their Executors Adminrs or Assignes shall and will upon the request of the said John Radcliffe his Heirs or Assignes well and truly pay or caused to be paid unto the said John Radcliffe his Heirs or Assignes the Sum of Twenty Shillings a Month for every Month that they the said John Jackson Nicholas Richardson and John Grindale their Executors Adminrs or Assignes shall not surrender and give up the said Leases to be Cancelled after such Discontinuance of Working the said Mines as aforesaid 

      And it is agreed by and between the said Parties that the said Twenty Shillings a Month shall be distributed amongst such poor and decayed Workmen or Grovers & their Families in Aldston Moor as the said John Radcliffe his Heirs or Assignes shall think fit to be proper Objects for such Charity Money and upon Refusal to pay the said Twenty Shillings a Month or any part thereof unto the said John Radcliffe his Heirs or Assignes for such Uses Intents and Purposes aforesaid then it shall and may be lawful and in the election of the said John Radcliffe his Heirs or Assignes to stop and hinder  the said John Jackson Nicholas Richardson and John Grindale their Executors Adminrs or Assignes from leading and conveying away any of his or their Lead or Oar from the said Lead Mines or the Selling and disposing thereof from the said Lead Mines or Lead Groves until the said Twenty Shillings a Month and all Arrears thereof be fully paid and satisfied, or else to enter upon sell & dispose of at the then usual and current Market Price for such like Lead Oar so much of the said Oar belongin to the said John Jackson Nicholas Richardson and John Grindale their Executors Adminrs & Assignes as shall or may be sufficient to answer and pay the said Twenty Shillings a Month , and all Arrears thereof then due behind and unpaid for such Default of working of the said Mines and surrendering of the said Lease  as aforesaid rendring the Overplus if any be to the said John Jackson Nicholas Richardson and John Grindale (anything herein contained to the contrary thereof in any wise notwithstanding) And the said Sir John Webb doth hereby for himself His Heirs Exrs & Admrs & every of them Covenant promise and agree to and with the said John Jackson Nicholas Richardson and John Grindale their Exrs Admrs & Assignes in manner following (that is to say) That it shall and may be lawful to and for the said John Jackson Nicholas Richardson and John Grindale their Exrs Admrs & Assignes from time to time and at all times  hereafter durinmg the said Term (he and they performing all & singular the said Covenants and Agreements herein expressed on his & their parts to be done and performed) peacebly and quietly to have hold use occupy possess and enjoy all and singular the said Premises for and during the said term without the lett or Disturbance of the said Sir John Webb or of the said John Radcliffe his Heirs or Assignes 

      In Witness whereof the Parties abovesaid to these present Indentures interchangeably have set their hands and Seals the Day and Year first above written 



Sealed & delivered in the presence of