Letter – George Grey to William Corbett – 7 Mar 1743

Document Type: Letter
Date: 7 Mar 1743
Correspondent: George Grey
Recipient: William Corbett
Archive Source: TNA ADM 66/107
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      ?The Tennants of the manor of Aldstone Moore in the County of Cumberland formerly hold their Estates as Customary or Tenantright Estates descendable from Ancestor to Heir upon payment of Small yearly Rents and of Certain Fines or Grasom to the Lord upon Change of Lord by Death and upon Change of Tenant by death or alienation.  In King James the 1st Time the Tennants agreed to surrender their Customary Intrest in their Estates and accept Leases thereof for 1000Years at their old year by Rents and to pay a Twenty penny fine every Twenty one Year.

In pursuance of this agreement Henry Hylton Esq Lord of the said Manor by Indenture of Lease dated first of September 9 Jac I [1611] demised to R.W. That Messuage or Tenement Called N being of the Yearly Rent of nine Shillings situate in Aldstone moore and also all that part of the Common Called Gilderdale for which he pays a Yearly Rent 1s4d and all Houses buildings Meadows feeding Grounds inclosures Pastures Commons of Pastures Turbary way& waters and all other Easements and Profitt and Commodities whatsoever to the Said Messuage or Tenement and all other the premises belonging  or in any ways appertaining or thereoff accounted reputed or taken as part or parcells or used or Occupied as part or parcells thereoff together with House boot or Hedge boot & To hold from first of May 1615 for 1000 Years then next yielding and paying to Lesser his heires and Assignes the said Severall Yearly Rents of 9s and 1s2d and a Certain Fine or Grasom at the End of every twenty one years as also Suit of Court and after Severall Covenants from Lessor for payment of the Rents and Grasoms and Covenants from Lessor to Suffer a Recovery in order to confirm Lessees Title <Ct> are inserted the following clauses Viz and it is Covenanted and agreed between the Sd parties and the Sd R.W. (the Lessee) doth Covenant promise and grant for him his Executors and Assignees to and with H.H. (The Lessor) his Heires and Assignes that it shall and may be Lawfull to and for the said H.H. (Lessor) his Heires and Assignes at all times herein before demised and granted to enter into any part of the demised premises to digg and Seek for take have and Convert to his and their own profitt benefitt and use.  All the Mines and Ore of Lead that happen to be found in and upon the premises with Convenient way and Leave for the Carrying and taking away of the said Ore and he said H.H. Lessor doth Covenant promise and grant for him his Heires and Assignes to and with the Lessor his executors and Assigns that he the said H.H. Shall and will make such recompense to sd R.H.  his Executors and Assigns for such Loss and damage as he or they shall thereby Sustain as shall be sett forth by the foreman of the Jury and other the foremost of the Jury for the time being or any two of them and in default thereoff by two indifferent men the one to be appointed by the Sd H.H. His Heires and Assigns and the other to be appointed by the Sd R.W. His Execs and Assigns.

      All the Leases to the Severall Tenants are in the same Form for Severall ages last there have been Lead Mines in Aldstone moore  both in the Inclosed Grounds demised to the Tenants and also in the wastes or Commons all which mines have been wrought by the Lord or his Lessees, the Leases granted of these mines are generally made void in Case the Lessee does not work with a certain number of men so many months in the Year and are often determinable upon other defaults in the Lessees and it is usuall for the Lord in such Leases to take a Covenant from the Lessee that he will at the determination of his Lease Leave one or more pits or Shafts open upon every Vein or working so that the Lord may Carry on the work if he pleases. 

      When a Lessee does not think the work worth Carrying on he suffer a forfeiture of his Lease by not working and then give the Lords agents notice so that they may enter upon the mine if they please and sometimes they do make an Actuall entry and sometimes only let the Pitts or shafts and workings continue as the Lessees leave them.

 	The Tenants of Aldstone moor both before and Since the granting of these Leases have departured their Commonable Cattle on the wastes within the Manor as Common appurtenant to their now Leasehold Estates and Such Cattle frequently fall in to the old Shafts of the Lead mines and are killed.

      The Manor of Aldstone moor is now vested in his majesty for the use of Greenwich Hospitall. 

      Whether the Tenants in Aldstone moor by virtue of the Lost Covenant mentioned in their Leases are intitled to any Satisfaction from the Lord or his Lessees for any damage which they Sustain either by the digging of pitts upon the Common or wastes or by Carrying away ore gott there or that Covenant only extends to the damage they Sustain by digging pitts Ct in the Inclosed Grounds particularly demised to them.  

      I am of Opinion that the Said last Covenant extends only to the inclosed Ground and not to the wastes and tho it will not by way of Covenant bind his majesty or the Hospitall yet it is by an agreement as such run alway along with the Lane.

      When a Tenants beast departuring upon the wastes or Commons fall into any Shaft there and is killed can the owner of such Beast maintain any Special Action upon the Case against the Lord as his Lessee for not filling up the Shaft if yea against whom must such Actions be respectively brought especially when such an accident happens after the Tenants Lease is forfeited or determined and before the Lord has made any Actuall entry upon the mine.

      In working the mines on the wastes the Lessees ought to take due Care of the Pitt’s &c by them Sunk so as to prevent damages to the Commoners Cattle and during their title I think are liable to make Satisfaction for any Loss thereby Sustain’d unless there be a Custom to the Contrary but as such damages must have frequently Happen’d the usage on this Occasion will determine this Question I think such actions will lye against the Lessee or person Sinking such pitts during the Lease or Contract but not against the Lord at any time unless the pitts are actually by them sunk.

      Is the Lord by virtue of the Last Covenant obliged to make Satisfaction to the tenant for any of the Tenants Cattle which may fall into any pitt digged by the Lord or his Lessees in the Tenants own ground or does that Covenant only extend to the damage to be done by digging Ct to the Herbage and Soil.

      I am of Opinion that the Tenant will be intitled to Satisfaction for damages in his own Ground either by Spoyling the Herbage or loss to his Cattle the words of the Covenant being Loss and damage which extend to both.

A Copy of the above Sent to the Board the 23d of May 1743 

Geo Grey March 7 1742
Found in letter book after that dated 17th May 1743 presumably because it was sent to the board on 23rd May

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The Dukesfield Smelters and Carriers Project aimed to celebrate and discover the heritage of the Dukesfield Arches & lead carriers' routes between Blaydon and the lead mines of Allendale and Weardale. A two year community project, it was led by the Friends of the North Pennines in partnership with Hexhamshire and Slaley Parish Councils and the active support of Allendale Estates. It was funded by the Heritage Lottery Fund and the generous support of other sponsors. Friends of the North Pennines: Charity No:1137467