Bill & answer – Humphrey Wharton to Edward Hyde – 26 Oct 1666

Document Type: Bill & answer
Date: 26 Oct 1666
Correspondent: Humphrey Wharton
Recipient: Edward Hyde
Archive Source: TNA C8 181 216
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26 oct 1666 

To the Right Hono:ble Edward Earle of Clarendon Lord High Chancellor of England 

Humbly Complaineing Showeth unto yo:r Lordshipp yo:r dayly Orato:r Humphrey Wharton of Gillingwood in the county of Yorke Esq that there are certaine Lead Mynes Lying and being within the parrish of Stanhopp in the County palatine of Durham commonly called and knowne by theire severall names of Newmeadowheads Allersclough Whiterake Barkerburne Langtyhead & Gorbuttmay Midge Pitts and Greenfield out of which said Lead Mynes have beene by Custome as is pretended paid to the respective parsons of the said parrish A certaine Tyth in manner following (that is to Say) Att the chappell in Weredale Forrest or att the Chappell house or Smithy: house the owners proprieto:s or Farm:s of the respective Lead Mynes and the parson for the time being of the said parrish or his farm:r did usually meete Foure times in every yeare (vizt) upon every All Saints day Candlemas day St. Markes day and Lammas day and att those respective quarter days did Accompt together what Lead oare had beene gotten from quarter day to quarter day out of every the said respective Lead Mynes what charges the said Owners or Farm:s of the said Lead mynes had Expended in Ropes Roules Candles Timber Carriage of Timber workemens wages in the Sinkeing of Shaffts or pitts and driveing of Levells for the Conveying away of water in and aboute the Said Mynes all which being deducted the Said parson for the time being at the respective quarter Days aforesaid had his Tyth oare of Lead out of the cleare profits of the Said Lead mynes paid him the reprisalls and charges aforesaid First being deducted 

And yo:r orato:r further sheweth that Isaac Basire doct:r in divinity parson of the said parrish on or about the Thirteenth day of September in the Seaventeenth yeare of the Raigne of our Soveraigne Lord King Charles the second by his deed Indented for and in Consideration of the Rent thereby reserved and hereafter Expressed and for and upon noe other Consideration whatsoever did demise Grant and to Farme Lett unto yo:r orato:r his Executo:s Administrato:s and Assignes all that the said Isaac Basire his Tyth oare digged and delved within the parrish of Stanhope aforesaid (the Groves within the said Isaac Basire his Gleab only Excepted) To have and to hold the Said Tyth oare unto yo:r Orato:r his Executo:s Administrato:s and Assignes from the First day of August then last past for the terme of one whole yeare from thenceforth next and Imediately following yeilding and paying therefore unto the said Isaac Basire his Executo:s Administrato:s or Assignes the Summe of two hundred and Threescore pounds att the Feast of the purification of the blessed Virgine Mary and the First day of August then next following by even and Equall portions in which said deed Indented yo:r Lordshipps orato:s did Covenant with the said Isaac Basire that yo:r orato:r Should peaceably and quietly upon the First day of August last Surrender unto the said Isaac Basire all his Tyths of the said ore in Stanhopp parrish And yo:r orato:r doth Averr and will prove to this Hono:ble Court that there are noe more nor other Covenants in the said deed than are above Expressed And yo:r orato:r did on or aboute the said Thirteenth day of September in the said Seaventeenth yeare of the Raigne of our Soveraigne Lord the King that now is by his writeing obligatory became bound unto the said Isaac Basire in the Sume of Five hundred pounds Conditioned for the performance of all and Singular the Covenants in the said deed Indented above mentioned 

And yo:r Orato:r further Sheweth that hee did pay att or about the Fifth day of February last the Said Summe of one hundred and Thirty pounds unto the Said Isaac Basire being his First halfe yeares Rent and the Summe of one hundred and Thirty pounds more unto Frances Basire wife of the said Isaac by the order and Appointment of the said Isaac upon the Twentyth day of August last being his last halfe yeares Rent in full satisfaction and payment of the said Summe of Two hundred and Sixty pounds reserved upon the aforesaid Lease by deed Indented as aforesaid And that Imediately before the payment of the last mentioned Summe of one hundred and Thirty pounds att the time aforesaid yo:r Orato:r by William Deacon his Steward demanded of the Said Isaac the delivering upp the said bond and Lease to be Cancelled But the said Isaac pretending that hee had Speciall occasions att Court the Assizes being then held for the County of Durham and the Judges then Sitting in Court that hee could not himself deliver the same but that hee had left them with the above said Frances his wife who would receive the said one hundred and Thirty pounds and give the said writeings upp unto the said William Deacon to be cancelled And that upon the payment of the said one hundred and Thirty pounds unto the said Frances by the direction of the sd Isaac as aforesaid in A Lower Roome in the house of the said Isaac att Durham shee the said Frances told the said William Deacon that the Writeings were in an upper Roome of the said house and that shee would Carry the money upp with her and bring down the said Lease and bond to the said William Deacon Butt soe itt is may itt please yo:r good Lordshipp that assoone as the Said Frances had carryed the said Summe of one hundred and Thirty pounds into an upper Chamber shee the said Frances utterly refused to deliver up the said Lease and bond as alsoe the said Isaac her husband and both of them doe Still refuse to deliver the same upp hee the said Isaac since that time pretending that there were other Covenants in the said Lease besides the payment of the said Summe of Two hundred and Sixty pounds And in further profession of Malitious designes by the said Isaac against yo:r said Orato:r hath since caused yo:r Orato:r to be Arreasted by A Warrant upon A Quo:minus Issueing out of the Office of pleas in the Court of Excheqr att Westm:r and threatens to put the said bond of Five hundred pound in Suite against yo:r orato:r this very Terme with intent to recover of him the whole penalty thereof all which said Actings and doeings of the said Isaac Basire and Frances his wife are Contrary to all Equity and good Conscience 

In tender Consideration whereof and forasmuch as yo:r Orato:r cannot plead anything at common law in Barr to an Action already brought or to be brought Against him upon the above said bond of Five hundred pounds for performance of Covenants above mentioned for that the said Rents were not precisely paid upon the very days that the same ought to be paid but within very few days after as above mentioned nor noe other sufficient plea in Barr or be discharged of the said bond and of the Suites Commenced and threatned against him thereupon or Enforce the said Isaac Basire to make good his said promise to deliver upp the said bond and Lease to be Cancelled And forasmuch as diverse and Sundry persons that can Testify the truth of the premisses doe Inhabite in the County of Yorke and Elsewhere out of the Jurisdiction of the County palatine of Durham Soe that yo:r Orato:r cannot compel them by any Subpoena or process out of the Chancery att Durham to Appeare in the said County palatine of Durham to depose the truth of the premisses And to the intent and purpose that the said Isaac Basire and Frances his wife may upon their Corporall oaths true Answere make to all and Singular the premisses And in p[ar]ticular the said Isaac may Sett forth whether the sd Lease above mentioned was made upon any other Consideration than the payment of the above said Summe of Two hundred and Sixty pounds And whether the same being truely paid att the days above mentioned And whether any other words before or att the Sealeing of the said demise were used betwixt yo:r Orato:r and the said Isaac than the payment of the aforesaid Rents att the days and times above mentioned And to the End that the said Isaac Basire may be ordered to discharge yo:r Orato:r of and from the said bond and that all Suites att the Common Law thereupon Against yo:r orato:r may be Stayed And that yo:r Orato:r in and touching all the said matters and things may be relieved in this Hono:ble Court According to Equity & good Conscience May it please yo:r Lordshipp As well to grant unto yo:r said Orato:r process of Injunction to be directed to the said Isaac Basire commanding and Enjoyneing him his Counsello:r Attorney or Agents and Sollicit:rs thereby to Surcease and stay all Suites and further proceedings att the Common Law against yo:r Orato:r upon the aforesaid bond untill the matters of Equity concerning the same be heard and determined in and by this Hono:ble Court As alsoe to Grant unto yo:r Orato:r his Ma:ties most Gratious Writt of Subpoena to be directed to them the said Isaac Basire and Frances his wife thereby Demanding them att A Certaine day personally to be and Appeare before yo:r Lordshipp in the high Court of Chancery then and there upon their Corporall oaths to Answere all and Singular the premisses and further to stand to and abide [about 4 words obscured by parchment crease] direction and desire of this Court as to yo:r Lordshipp shall be Agreeable to Equity and good Conscience And yo:r Orato:r shall &c.

[In a separate hand: ‘Ed Mann’]
In August 1665 Isaac Basire, rector of Stanhope, let his tithe ore to Humphrey Wharton for one year for a payment of £260 and with a bond of £500.   At the end of the period in August 1666 Basire let his tithe ore to William Blackett and did not return either the counterpart of the lease or the bond to Wharton.  Wharton therefore started legal action by exhibiting a bill of complaint to the Court of Chancery, 6 Clerks Office.   This is the bill.   The answer of Isaac and Frances Basire is dated 17th January 1667 and is also in Dukesfield Documents. Paragraph breaks have been inserted within this transcript to aid reading.

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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