Report – Richard Wetherall – 9 Feb 1771

Extracts from the Award made upon the Division of Bulbeck Common bearing Date the ninth day of February one Thousand seven hundred and seventy one executed by Samuel Marriot of Okerland in the County of Northumberland Gentleman Thomas Forster of the City of Durham Gentleman Ralph Hutchinson of Baxter Wood in the County of Durham Gentleman Thomas Gibson of Stonecroft in the said County of Northumberland Gentleman and Cuthbert Hunter of Medomsley in the said County of Durham Gentleman. 



And Whereas the said George Baker and several of the Freeholders of the said Manor did by virtue and in pursuance of the said Act openly publicly and in the Day Time Ride and Perambulate the Boundaries of the said Manor and the common intended to be divided or claimed by him or them on the 8th 9th 10th 11th 12th & 13th Days of July in the year of our Lord 1765, Notice having been first given as in and by the said recited Act is directed in that behalf    And Whereas the said Samuel Marriot Thomas Forster Ralph Hutchinson Thomas Gibson and John Brown by Virtue and in pursuance of and in obedience to the several Authorities Powers and Directions given in and by the said recited Act did before their acting as Commissioners in the Execution of the Powers thereby given respectively take and subscribe such Oath as is directed & prescribed in and by the said Act    And Whereas the said Samuel Marriot Thomas Forster Ralph Hutchinson Thomas Gibson and John Brown did appoint their first and second Meetings to be holden relating to the said Division having first given such respective Notices thereof as were directed and required by the said Act And the said Samuel Marriot Thomas Forster Ralph Hutchinson and Thomas Gibson together with the said Cuthbert Hunter who was appointed a Commissioner instead of the said John Brown after his Death as hereinafter is mentioned did also appoint their third and every other Meeting to be held for putting the said Act in Execution having first given such respective Notices thereof as by the said Act are required. 



And Whereas at the said first Meeting of the said Samuel Marriot Thomas Forster

Ralph Hutchinson Thomas Gibson and John Brown held at the House of Mr John Gibson at the Sign of the Golden Lyon in Hexham in the said County of Northumberland on Tuesday the ninteenth day of November 1765 Richard Wetherell of the City of Durham Gentleman as Agent for and on the behalf of the Revd Richard Stonhewer Doctor of Laws and Rector of Houghton le Spring in the County of Durham the Revd Richard Hutchins Doctor of Divinity and Rector of Lincoln College in Oxford the Revd John Sharp Doctor of Divinity and Archdeacon of Northumberland the Revd James Douglas Doctor of Divinity and Prebendary of Durham and the Revd David Gregory Doctor of Divinity and Dean of Christ's Church in Oxford Trustees appointed by or under the last Will and Testament of Nathanael late Lord Crewe and Lord Bishop of Durham deceased and Lords of the Manor or Lordship of Blanchland in the said County of Northumberland did in pursuance of the said Act give and deliver in Writing under his Hand to the said Samuel Marriot Thomas Forster Ralph Hutchinson Thos Gibson and John Brown a Claim to the Soil of that part of the Moor or Common then lately rode and perambulated by the said George Baker Esquire owner of the Soil and Inheritance and Royalties of the said Common Moor or Tract of Waste Land within the Barony or Manor of Bulbeck intended to be divided by the said Act or his Agents Bailiffs or Tenants, which lies within the Boundaries hereinafter mentioned (that is to say) 



From a certain place called Embley or Emley Burnhead Eastward to a Place called Warlaw Pike and from thence Northeast to a place called Acton Cleugh, and from thence North West to a place called  

Acton Mouth, and from Acton Mouth to the West or South West by five ancient Currocks of Stones and from the Southernmost of the said Currocks in a direct Line Southwest to the said Emley Burnhead. And also of one other Parcel of the said Common lying within the Boundaries following Vizt. - From a place called Blackburn Head South East to a place called Rhedon Burnhead and from thence Northwest to Blackburn Head. And also of another Piece or Parcel of Ground at or near Baybridge in the County of Northumberland Boundering on Rhedon Burn on the North on Newbiggin Grounds on the West and on Blanchland Grounds on the East. Also of another Piece or Parcel of Ground there Boundering on the River Derwent on the North and East and on Allanshields Grounds on the South and West. And also of another Close or Parcel of Ground lying and being at Brunshieldhaugh in the said County of Northumberland, Boundering on Emley Burn on the North and East and on other Grounds at Burnshieldhaugh aforesaid on the South and West and particularly that part thereof whereon an Engine was lately erected by their Tenants there.



And Whereas at the third Meeting of the said Commissioners held at the House of Mr. John Gibson in Hexham aforesaid on Monday the 17th day of March 1766 the said George Baker did by Writing under his Hand pursuant to the said Act object to all and every the said Claims given in to the said Commissioners by the said Richard Wetherell as Agent for and on the behalf of the said Trustees of the said Nathanael Lord Crewe And did insist that all and every the Lands Grounds and Premises in and by the said Claims mentioned and claimed were severally within and Parts and Parcels of his said Manor of Bulbeck and did belong to him   And Whereas the said Richard Wetherell did persist in his said Claim and the said George Baker did persist in his said Objection and thereupon the said Samuel Marriot Ralph Hutchinson Thomas Gibson and Cuthbert Hunter by an Instrument in Writing under their Hands bearing Date the 9th day of January 1769 reciting the said Claim and Objection did by virtue and in pursuance of the said Act refer the said Claim and Objection unto the said Edward Collingwood Thomas Gyll Christopher Fawcett Ralph Hopper and William Wilson or any three of them finally to hear and determine the same - And Whereas the said Edward Collingwood Thomas Gyll Christopher Fawcett and William Wilson made and duly published their award in writing bearing Date the 25th day of May 1769 (which was afterwards inrolled pursuant to the Directions of the said Act) Reciting or taking Notice that they had been informed by the said Richard Wetherell the Agent of the said Trustees appointed by or under the last Will and Testament of the said Nathanael late Lord Crewe & Lord Bishop of Durham deceased and also by the said George Baker   That they the said Trustees & the said George Baker had come to an Agreement touching the said Claim and Objection   And that it was agreed by and between them  That all that part of the Land and Ground within the said Boundery claimed by the said Trustees as aforesaid which lies on the North West part or side of a certain Bounder Line marked or Staked out by the said Commissioners some or one of them at the Request and with the Approbation of the said George Baker and Richard Wetherell should be considered and allowed as part of the said

Common to be divided by Virtue of the said Act of Parliament and that all that part of the

Land and Ground within the said Boundary claimed by the said Trustees as aforesaid which lies on the South East part or side of the said Bounder Line marked or staked out as aforesaid should be considered and allowed as the Soil of the said Trustees. 



And that they the said George Baker and Richard Wetherell did request them to make an Award accordingly pursuant to the said Agreement They the said Arbitrators did therefore in pursuance of the said Request of the said George Baker & Richard Wetherell Award That all that part of the said Land and Ground within the said Boundery described in the said Claim delivered in to the said Commissioners as aforesaid which lies on the North West part or side of the said Bounder line marked or staked out as aforesaid was part of the said Common Moor or Tract of Waste Land intended to be divided by the said Act  And that all that part of the Land and Ground within the said Boundary described in the aforesaid Claim which lies on the Southeast part or side of the said last mentioned Bounder Line was the Soil and Freehold of the said Trustees appointed by or under the last Will and Testament of the said Nathanael late Lord Crewe deceased  And for the further and better explaining and describing the Land & Ground concerning which they made their said Award as aforesaid - They did to their said Award annex a Plan thereof





To Samuel Marriot, Thomas Forster Ralph Hutchinson Thomas Gibson and John Brown Gentlemen Commissioners appointed in and by an Act of Parliament made in the 5th year of the reign of his present Majesty King George the 3rd intituled an Act for dividing & inclosing a certain Common Moor or Tract of Waste Land within the Barony or Manor of Bulbeck in the County of Northumberland or any three or more of them          



Take Notice that I Richd Wetherell of the City of Durham Gentleman as Agent for and on the behalf of the Revd Richd Stonhewer  L L D and Rector of Houghton le Spring in the County of Durham the Revd Richd Hutchins D.D. and Rector of Lincoln College in Oxford the Revd John Sharp D.D.  and Archdeacon of Northumberland the Revd James Douglas D.D. and Prebendary of Durham and the Revd David Gregory D.D. and Dean of Christ Church in Oxford Trustees appointed by or under the last Will & Testament of Nathanael late Lord Crewe and Lord Bishop of Durham deceased and Lords of the Manor or Lordship of Blanchland in the said County of Northumberland Do hereby claim the Soil of that part of the Moor or Common lately rode and perambulated by George Baker Esquire owner of the Soil and Inheritance and Royalties of the said Moor Common or Tract of Waste Land within the Barony or Manor of Bulbeck intended to be divided by the said Act or his Agents Bailiffs or Tenants which lies within the Boundaries hereinafter mentioned that is to say from a certain place called Embley or Emley Burn Head Eastward to a place called Warlaw Pike, and from thence North East to a place called Acton Cleugh and from thence North West to a place called Acton Mouth and from Acton Mouth to the West or South West by five ancient Currocks of Stones and from the Southernmost of the said Currocks in a direct line South West to the said Emley Burn Head. 



And also of one other Parcel of the said Common lying within the Boundaries following vizt. from a place called Blackburn head South East to a place called Rhedon Burnhead & from thence North West to Blackburn head. 



Also of another Piece of Parcel of Ground at or near Bay Bridge in the County of Northumberland boundering on Rhedon Burn on the North on Newbiggin Grounds on the West and on Blanchland Grounds on the East. Also of another Piece or Parcel of Ground there, boundering on the River Darwent on the North and East and on Allanshields Ground on the South and West.



And also of a certain Close or Parcel of Ground lying and being at Brunshieldhaugh in the said County of Northumberland boundering on Emley Burn on the North and East and on other Grounds at Brunshieldhaugh aforesaid on the South and West and particularly that part thereof whereon an Engine was lately erected by their Tenants there. 



 

To the Commissioners named and appointed in and by an Act of Parliament passed the last sessions of Parliament for dividing and inclosing a certain Common Moor or Tract of Waste Land within the Barony or Manor of Bulbeck in the County of Northumberland. 



[some text lost in LH margin, presumably ‘Mr Ba’]kers objection to [the Claim] 1766 Mar 16

Whereas at the first Meeting of you the said Commissioners for putting the said Act in Execution The Revd Richd Stonhewer L.L.D. & Rector of Houghton le Spring in the County of Durham The Revd Richd Hutchins D.D. & Rector of Lincoln College in Oxford The Revd John Sharp D.D. and Archdeacon of Northumberland The Revd James Douglas D.D. and Prebendary of Durham & the Revd David Gregory D.D. and Dean of Christ's Church in Oxford Trustees appointed by and under the last Will & Testament of Nathanael late Lord Crewe and Lord Bishop of Durham deceased and Lords of the Manor or Lordship of Blanchland in the said County of Northumberland   Did give and deliver or cause to be given and delivered to you certain Claims in Writing under the Hand of Richd Wetherell of the City of Durham Gentleman their Agent in the Words or to the Effect following (that is to say) - To Samuel Marriot &c - here follows a copy of the Objections in the previous Page ending with the words - by there Tenants there, as in & by the said Claims reference being thereunto had may more fully appear. 



Now I the said George Baker Lord of the said Manor of Bulbeck  Do hereby object to all and every the said Claims and do insist that all and every the Land Grounds and Premisses in and by the said  Claims mentioned and claimed are severally within and Parts and Parcells of my said Manor of Bulbeck and do belong unto me  Given under my hand this seventeenth day of March 1766 

                                                                                                                                                       George Baker



Delivered to us the 17th March 1766 - our third Meeting 

Saml Marriot Thos. Forster Ra: Hutchinson Thos. Gibson





[some text lost in LH margin] <...>ce of the Claim [on behalf] of the Trustees [1766] March 17   

I Richard Wetherell of the City of Durham as Agent for and on the behalf of the Trustees of Nathanael late Lord Crewe do persist in such Claims as were by me given in to the Commissioners named and appointed in and by an Act of Parliament made in the fifth year of the reign of his present Majesty King George the third intituled an Act for dividing and inclosing a certain Common Moor or Tract of Waste Land within the Barony or Manor of Bulbeck in the County of Northumberland at their first Meeting held in pursuance of the said Act. And I do hereby on the behalf of the said Trustees Consent that the said Commissioners shall and may refer such Claims so given in as aforesaid with the Objections thereto unto the Arbitrators named and appointed in and by the said Act of Parliament finally to hear and determine the same in such Manner as in and by the said Act is directed Given under my Hand this seventeenth day of March in the year of our Lord 1766 being the third Meeting of the said Commissioners. 

Richd Wetherell