Letter – Nicholas Walton – 3 Sep 1739

      Ravensworth Castle  Sept 3 : 1739

Sir

      We have made an agreement with Mr Thomas Stokoe for winning Scremmerston Colliery and the Directors have ordered an Article to be Drawn, to be sent for their perusal and approbation which I desire you will order to be Done so as we may send it away next Frydays Post, which O hope you may be able to doe from what follows.

	Mr Thomas Stokoe of Bryans Lepe in the Parish of Tanfield and County of Durham Agrees Effectually to Winn the Colliery Called Scremmerston (near Berwick upon Tweed) in the said County and for that purpose to Drive a fair and substantial Level or Drift from the Sea Banks at high water mark, The level to be Three foot Nine Inches High by twenty two Inches broad and to be drove with great Exactness water Level without either rising or falling, in a direct Line till it Cutts the Seam of Coale to the full rise of the Colliery; and in all places where the Level or Drift may happen to be in Clay or Quick Sands, the same to be Effectually Walled with a Circular or Oval Arch, and in Soft Stone to be walled sufficiently with a perpendicular Wall on each side so as the same may be within the Walls 22 Inches Diamiter. He is likewise to sink all necessary shaftes or levell Shafts, to Timber the same strong and substantially and to leave them in the same Condition, and as soon as the Colliery is Wonn he is to Turn an Arch of Stone at the Bottom of each Stapple to prevent any damage to the Level which may happen either from those stapples afterwards running together, or from any other accident. And he is likewise to Sink and Effectually Timber one Coale Pitt at the place where the Colliery is won so as the Colliery may be ready for Coale work when the Winning is Compleated. The whole to be Done after the best manner and from time to time subject to the Direction and Approbation of the Receivers; and to Employ in the said work Constantly as many persons as the Nature of the thing will Admitt of, so as the same may be done with the utmost expedition. Mr John <Barnard> of Whickham to be Bound in £500 Bond for his performance. In consideration whereof the Commissioners or Governors of Greenwich Hospitall Agree to pay to the said Mr Stokoe the Sum of £495 which is to be advanced him as follows vizt. as soon as he has Drove and Carry’d on 50 yds of the Levell he is to be paid £40 and so on £40 more at the End of every 50 yds till the whole is Finnished or till the £495 be all pay’d.

      I am Sir your most Obed. Servt.

      Nich. Walton     

   

	

Articles of Agreement Indented had made concluded and fully agreed upon this sixteenth day of November in the thirteenth year of the Reign of our Sovereign Lord George the Second by the Grace of God of Great Britain France and Ireland King Defender of the Faith and so forth and in the Year of our Lord One thousand seven hundred and Thirty Nine Between Thomas Stokoe of Bryans Lepe in the County of Durham Undertaker in Collierys of the one paret and Nicholas Walton of Farnacres in the County of Durham Gentleman and Hugh Boag of Ravensworth Castle in the said County Gentleman, Stewards and agents under the Commissioners or Governours of the Royall Hospital for Seamen at Greenwich for the Estate late belonging to James late Earl of Derwentwater and become Forfeited to his Majesty, for and on the behalf of the said Commissioners and Governours of the other part as followeth.



      and first  The said Thomas Stokoe Doth for himself his Executors Admin[istra]tors and Assigns and every of them Covenant Promise and Agree to and with the said Nicholas Walton and Hugh Boag theor Ex.tors Adm. and Assigns and to and with every of them by these presents in manner and form following (that is to say) That for the Considerations hereinafter mentioned and Expressed He the said Thomas Stokoe his Ex.tors Adm. and Assigns shall and will within the space of Two Weeks next after the day of the Date of these presents sett on to win a Certain Colliery Called Scremerston  Colliery in the said County of Durham near unto the Town of Berwick upon Tweed part of the said Forfeited estate of the said late Earl and thence forward at his and their own Costs and Charges prosecute the said work without Delay untill the said Colliery shall be Effectually Won and made a Current going Colliery And for that End and purpose shall and will in the prosecution of the said Undertaking Drive a Fair and Substantial Levell or Drift from the sea Banks at the high water mark, the said Levell to be three foot Nine Inches in Height and twenty two Inches broad and to be Drove and Carryed on with the Greatest Exactness a True water Levell without either Rising or Falling and in a Direct Line till the same Cutts the Seam of Coale to the face Rise of the said Coaleseam. And in all places where the said Levell or Drift shall happen to be in Clays or Quicksands shall and will Effectually Wall the same with a Circular or Ovall Arch, And when the same shall happen to be in soft stone shall and will sufficiently Wall the same with a Perpendicular Wall on each side so as the said Drift there may be within the Walls Twenty two Inches Diameter as aforesaid. 

      And Further  That he the said Thomas Stokoe his Ex.tors Adm. and Assigns shall and will at his & their like Costs and Charges in the prosecution of the said Undertaking Sink all necessary Staples or Levell Pitts or Shafts and well and sufficiently Timber the same Strong and Substantially and leave the said Staples or levell Pitts or Shafts in the same Condition for the use and benefitt of the said Colliery And as soon as the said Colliery shall be well and Effectually Won Thay then he the said Thomas Stokoe his Ex.tors Adm. and Assigns at his and their own Expence shall and will twin a Substantial Arch of Stone at the Bottom of each Staple so to be put down in the said levell to prevent any Damage to the said levell which may happen thereunto either from the same Staples afterwards running together or from any other accident whatsoever. 

      And Further  That he the said Thomas Stokoe his Ex.tors Adm. and Assigns also shall and will at his and their Expence and Charge Sink to the Coale and Effectually Timber one Coale Pitt at the place where the same Colliery shall be won so as the said Colliery may be ready for Coale work when the said Winning is Compleated  and shall and will doe and perform all the said Matters and things after the best and most Effectuall manner and that by under & subject to the Direction and Approbation of the said Nicholas Walton and Hugh Boag or such viewers and agents as they or their Successors or the said Comm<ission>ers Governours of the said Royal Hospital or any or more of them shall for that purpose Appoint And in the carrying on of the said Work and for the more Expeditious finnishing the same he the said Thomas Stokoe his Ex.tors Adm. and Assigns shall and will Constantly Imploy in the said work as many persons as the nature of the same works will Admitt of to the End that the same may be perfectly Finnished  and Done as soon as may be. 

      And the said Nicholas Walton and Hugh Boag for and on behalf of the said Governors and Commissioners of the said Royall Hospital Do hereby for themselves and their Ex.tors Adm. Covenant Promise and Agree to and with the said Thomas Stokoe his Ex.tors Adm. and Assigns That for and in Consideration of the said severall Matters and Things so by him the said Thomas Stokoe his Ex.tors Adm. and Assigns to be done and performed They the said Nicholas Walton and Hugh Boag their Ex.tors Adm. or Assigns shall and will well and truly pay or cause to be paid unto the said Thomas Stokoe his Ex.tors Adm. or Assigns  the Sum of £495 lawfull British money in manner and form following (that is to say) the sum of £40 part thereof upon his and their having drove and Carryed on in manner and according to the Conditions aforesaid 50 yards of the said Levell or Drift and the like Sum of £40 more at the finishing of every other 50 Yards of the said Drift in manner as aforesaid untill the whole Drift be finished According to the Covenants or agreements herebefore mentioned or untill the said Sum of £495 be fully paid and satisfyed – it being the Intent and true meaning of all the partys hereunto That the said Thomas Stokoe his Ex.tors Adm. and Assigns  shall have for the performing all the matters and things by him agreed to be done and for the providing all Workmanship Materials Matters and things for that purpose the sum of £495 and no more anything in these presents to be Construed to the Contrary notwithstanding. 

      In Witness Whereof the said parties to these present Articles of Agreement indented interchangeably have sett their hands & Seals the day and Year first above written.

      Sealed and Delivered being first duly stamp’d 

      Thomas Stokoe Nichos. Walton  Hugh Boag

      in the presence of us  Francis Thibou Thos. Sunderland