Lease – John Bacon to William Ramsay – 2 Oct 1694

      This Indenture Made the second day of October in the Sixth year of the Raigne of our Soveraigne Lord and Lady William and Mary by the Grace of God of England Scotland France and Ireland King and Queen Defender of the faith <et.> Between John Bacon of Staward in the County of Northumberland Esquire of the one parte and William Ramsay of the Towne and County of Newcastle upon Tyne Esquire of the other part 

      Whereas Sr William Blackett of the Said Towne and County of Newcastle upon Tyne Barrt. By this Indenture bearing date the Eighth day of July last past and made  (or Expressed to be Made) Between him the Said Sr. William of the first part Roger Staveley of New Bolton in the parish of Wensley in the County of York Gentleman and Peter Hamond of Wensley aforesaid of the Second parte And John Cooke of the Towne and County of Newcastle upon Tyne Gentleman of the Third parte did for the Consideratons therein mentoned demise grant and to Farm Lett unto the said Roger Staveley peter Hamond and John Cooke (among Severall other Lead Mynes) Those Five Severall Lead Mynes hereafter mentoned (to witt) One Lead Myne called by the Name of pikeStone in Wolsingham Fell and parish And alsoe two other Lead Mynes called by the Name or Names of Groverake and Barkeshaw Meadowes in Rookeupp Fell And alsoe one other Lead Myne called by the Name of Braiken Sike in Sedlinghope Fell And alsoe two other Lead Mynes called by the Severall Name or Names of Hairne Shaw and Shaftwell in Bollyhopp Fell All which Said Lead Mynes are Stituate Lyeing and being within the Severall parishes of Stanhope and Wolsingham or the one of them in the County of Durham Together with free Liberty to Digg and breake up and worke the Sd. Mynes And to Make draines and to Cast Levells dams Races and ditches to Carry Convey and Avoyd Water from any of the Sd. Mynes in by and through any other of the waist grounds belonging to the Sd. Sr. William Blackett his Heires or Assignes within the Sd. Parishes And all Wayes Easements paths passages Oares <Use> Comodityes and Advantages whatsoever to be had obtained and gotten in upon or out of the Said Mynes and every or any of them 

      To have and to hold two third parts of the Said Lead Mynes (among other Mines therein mentoned unto the Sd. Roger Staveley and peter Hamond  their Exec.es Adm.es and Assignes from the Eleaventh day of November which was in the year of our Lord God One Thousand Six Hundred Ninety Two for and dureing the Term of One Thousand yeares (If Humphrey Wharton Esqr. Anthony Wharton and Jane Wharton Son and Daughter of the Sd. Humphrey Wharton or any of them Should Soe long live) 

      And to have and to hold one oth.r Third part of the Sd. Lead Mynes among other Lead Mynes therein Mentoned unto the Sd. John Cooke his Exec.es Adm.es or Assignes from the Sd. Eleaventh day of November for and dureing the Sd. Term of One Thousand yeares (if the Sd. Humphrey Wharton Anthony Wharton and Jane Wharton or any of them Should soe long live) under Such Conditons Reservatons Covenants payments and Agreements and at Such dayes and times and in Such Manner and Form as in the Sd. Recited Indenture is conditoned Covenanted Reserved Expressed Limitted and declared as by the Same Last Recited Indenture of Lease <Relaton> being thereunto had more fully may appeare 

      And Whereas the Said Roger Staveley and peter Hamond by their Indenture bearing date the Sd. Eighteenth day of July in the Sd. Sixth year of the Raigne of their Said Ma[jes]ties for the Consideraton in the Sd. Indenture mentoned did demise grant Assigne and Lett over unto the Sd. John Bacon his Exec.s Adm.es and Assignes all their and either of their Two Third partes (among other Lead Mynes) of all and every the Lead Mynes Lead groves Lead Veines Lead Oares and p[re]misses with their and every of their Rights Members and Appurtenances And all and every the powers Libertyes priviledges and Authorityes in the Sd. Last Recited Indenture Made between the Sd. Sr. William Blackett of the first part the Sd. Roger Staveley and peter Hamond of the Second part and the Sd. John Cooke  on the third part 

      And alsoe all the Estate Right Title Interest and Term of yeares yet to come and unexpired Tenant Right possibility and right of Renewall property Claim Challenge and demand whatsoever either in Law or Equity of them the Sd. Roger Staveley and peter Hamond or either of them of in and to the Sd. P[re]misses with the Appurtenances in the Sd. First recited Indenture mentoned (whereof the Sd. Six Mynes before mentoned are part off 

      To have and to hold the Sd. Two Third parts (among other Lead Mynes) of all and every the Sd. Severall Lead Mynes Lead Veines and Lead groves (the whole into thre parts being equally to be divided) And of all and Singular oth.r the p[re]misses herein by the Sd. First Indenture demised and granted And thereby Assigned and Lett over with their and every of their Appurtenances unto the Sd. John Bacon his Exec.s Adm.es or Assignes from the Makeing Sealeing and Executeing of the Sd. Indenture unto the full End and Term and for and dureing all the Residue and Remainder of the Term of One Thousand  yeares <withe> Sd. First Recited Indenture mentoned and yet to come and unexpired If the Sd. Humphrey Wharton Esqr. Anthony Wharton and Jane Wharton or any of them Should Soe long live) As in and by the Sd. Last Recited Indenture <Relaton> being thereunto had more fully May appeare 

      

      Now this Indenture Witnesseth that the Sd. John Bacon as well for and in consideraton of the Covenants Reservatons Conditons and Agreements hereinafter reserved and expressed and for diverse other good Causes and consideratons him hereunto Moveing hath demised granted and to farme letten and by these p[re]sents doth demise grant and to farm Lett unto the Sd. William Ramsay his Exec.s Adm.es and Assignes 

      All that his Third part (the whole into thre partes being equally divided) of all that Lead Myne called by the Name of pikeStone in Wolsingham Fell in the parish of Wolsingham and County of Durham And alsoe one full Sixth part of the five other Lead Mynes in the Sd. First recited Indenture of Lease and hereafter mentoned (to witt) of one Lead Mine called by the Name of GroveRake and of anoth.r Lead Myne called BarkeShaw Meadowes in Rookupp Fell And alsoe of anoth.r Lead Myne called by the Name of Braiken Sike in Sedlinghopp Fell And alsoe of Two other Lead Mynes called by the Severall Name or Names of Hairneshaw and Shaftwell in Bollihopp Fell All  which Sd. Five last mentoned Lead Mynes are Stituate lyeing and being within the Said parish of Stanhopp in the Sd. County of Durham And are boundered with Such lenth Breadth Extents Limitts and bound.s as is particularly mentoned in a certain Indenture and the Memorandum Endorsed on the Same of the Sd. Five Lead Mynes bearing date the Sixteenth day of November last past and made between the Sd. Sr. William Blackett of the one part and the Sd. William Ramsay on the other part Together with all Oares Mettalls Libertyes priviledges powers Authorityes and Appurtenances to the Sd. Third part of the Sd. Lead Myne called by the Name of pikeStone and of the Sd. <Sixth part> of the Sd. Five Severall Lead Mynes called by Severall Name or Names <of> <Grove Rake Barkeshaw> Meadowes Braiken Sike Hairneshaw and Shaftwell belonging or in any wise appertaining 

      To have and to hold <the Sd.> Third part of the Sd. Lead Myne called> <pikeStone> and the <Sd. sixth part of the Sd. Severall Lead> Mynes called by the Severall names <of Groverake Barkeshaw Meadowes Braiken Sike Hairneshaw and Shaftwell <within the Sd xxxxxxxmentoned rest of line damaged> called  Lamas) last past unto the <full> End and Term of Twenty One yeares from the <nce> next following and fully to <hole in parchment> and Ended (if the Sd. Humphrey Wharton Anthony <Wharton> Jane Wharton son and Daughter of the Sd. Humphrey Wharton or any of them Soe Soe long live) as fully amply and beneficially as he the Sd. John Bacon his <Exec.s> <hole in parchment but probably and Admin.s> or any of them could or of right <ought> <to have> and Enjoy the Same Subject neverthelesse as to the proporton of the Sd. partes of Lead Mynes hereby granted to the Conditons Limitatons Reservatons Covenants and Agreements in the Sd. first recited Indenture mentoned provided this p[re]sent <demised> or anything therein contained doe not obstruct or interfere with any former or other grant or Lease of Lead Mynes or Oare granted by the Sd. John Bacon to any person or persons whatsoever 

      And the Sd. William Ramsay doth for himselfe his Exe.s Adm.s and Assignes Covenant promisse grant and Agree to and with the Sd. John Bacon his Exe.s Adm.s and Assignes in mann.r and form following (that is to say) that he the Sd. William Ramsay Shall and will according to his part and proporton of the Sd. Lead Mynes within the Space of Two Moneths next Ensueing the date hereof begin and Sett on worke and use his and their <best> and utmost indeavours for the Speedy and Effectuall wining obtaining and Recovering of all the Sd. Severall Lead Mynes And from thenceforth dureing all the Sd. Term of Twenty and one yeares Shall not discontinue workeing the Sd. Third part and Sixth part of the Sd. before granted Lead Mynes at any time by the Space of Two Moneths together nor bring nor willingly Suffer to be brought any <Thrust> upon any pitt Shaft or Levell belonging to the p[re]misses but Shall and will from time to time worke his Sd. parts of the Sd. Lead Mynes fairly according to the course of workeing Lead Mynes dureing the Sd. Term And at the End and <seperaton> or other Sooner determinaton thereof Shall and will proportonably according to his parts in the Sd. Lead Mynes hereby granted have one Shaft well Timbered and in good Repair upon the Forehead or Front of the Sd. Lead Mynes and Shall then alsoe deliver up the quiett & peaceable possession of the Sd. parts of the Sd. Lead Mynes to the Sd. John Bacon his Exe.s or Adm.s 

      And that neither he the  <Sd.> William Ramsay his Exe.s Adm.s nor Assignes Shall or will Assigne over or dispose of all or any part or parts of the p[re]misses without the  <Lycence> of the Sd. John Bacon his Exe.s or Adm.s by writeing und.r his or their Hands and Seales Signifieing the same first had and obtained 

      And that the Sd. William Ramsay his Exe.s Adm.s and Assignes Shall and will make reasonable Satisfacton from time to time dureing the Sd. Term according to his proportion and part in the Sd. afore granted Lead Mynes to all persons who shall have Spoyle of ground by working the Sd. Lead Mines hereby Letten or any part thereof or who Shall losse any goods by the not filling up or fenceing of any pitt or pitts within the boundaryes of the Sd. Lead Mynes And that he the Sd. William Ramsay his Exe.s or Adm.s Shall and will upon the demand of the Sd. John Bacon his Exe.s or Adm.s or his or their Stewards or Agents from time to time deliver to him or them all the Lead Oare well washed dressed and fitt for Smelting That dureing the Sd. Terme Shall be digged wrought or gotten forth and out of the Sd. demised p[re]misses hereby Letten as aforesd. And at the End of every Moneth dureing the Sd. Terme give & deliver to the Sd. John Bacon his Exe.s or Adm.es (if requested) a Just & true account in writeing of the Number of Bing Loades of Lead oare that in & dureing the preceeding Moneth have been wrought and gotten forth & out of the Sd. Lead Mynes Or any part thereof and permit & Suffer the Sd. John Bacon his Exe.s & Adm.es or any of them or his their or any of their Stewards or Servants to inspect the books of accounts of the Steward<s> of the Sd. Lead Mynes the better to be Informed & to know what Quantity of  Lead Oare hath been wrought & getten out of the Same in every preceeding Moneth or Moneths dureing the Sd. <Terme> and Shall & will permitt & Suffer the Sd. John Bacon his Exe.s & Adm.s <xxx> & their Servants & Workmen at his & their Wills & pleasures to ride or descend into all or any of the pitts or Shafts of or belonging to the Sd. Lead Mynes to view & inspect the Course <or> workeing thereof & after Such Inspecton peaceably to returne 

      <Then> the Sd. John Bacon for himselfe his Exe.s & Adm.s & every of them doth Covenant & Agree to & with the Sd. William Ramsay In mann.r & form following (that is to say) That he the Sd. William Ramsay his Exe.s & Adm.s <duely> & truly performing <parchment damaged> Covenants Clauses provisoes & Agreements herein contained on his or their parts to be performed <Shall><parchment torn and holed xxxxxx>Sd. Term of Twenty & one yeares (If the Sd. Humphrey Wharton Anthony Wharton & Jane Wharton or any of them Shall Soe long live lawfully peaceably & Quietly have hold & Enjoy all the Sd. Lead Mines and p[re]misses hereby Letten (or mentoned or Intended soe to be) without the Lett hinderance or disturbance of the Sd. John Bacon his exec.s Adm.s or Assignes or any of them and that for the<parchment damaged<take & carry away the Sd. Lead oare gott out of the Sd. demised p[remises Soe Soon as the Same <can> conveniently be Carryed away 

      And that he the Sd. John Bacon his Exe.s or Adm.s at the End of every Thre Moneths after the Lead Oare gott<en out>of the Sd. demised p[re]misses is delivered to the Carryers or Servants of the Sd. John Bacon his Exe.s or Adm.s  Shall &  will well & truly pay or cause to be paid unto the Sd. William Ramsay his Exe.s or Adm.s the Sum of Twenty Shillings of Lawfull English Money for every Bing Load of Lead oare well washed & dressed and fitt for Smelting that Shall be gotten out of the Sd. Lead Myne called pikeStone and which Shall be delivered to the Sd. John Bacon his Exe.s & Adm.s or to his or their Stewards Servants or Agents as aforesd. Each & every of the Sd. Bing Loads of Leade Oare being the great weight and containing Sixty four Stone computeing fourteen pounds to every Stone besides the Sackes which are <not to> be part of Nor reckoned into the Sd. weight And that he the Sd. John Bacon his Exe.s or Adm.s Shall alsoe at the Said End of every Thre Moneths  well & truely pay or cause to be paid unto the Sd. William Ramsay his Exe.s or Adm.s the sum of Twenty Two Shillings of Like Money for every Bing Load of Lead oare being of the <Gt.> Weight aforesd. well washed & dressed and fitt for Smelting that Shall be gotten out of the Sd. Sixth part of the <Said> five other Lead Mynes called Grove Rake BarkeShaw Meadowes Braiken Sike HairneShaw & Shaftwell hereby Letten And the Sum of Twenty Four Shillings of Like Money for every Bing Load of Lead Oare being of the <Gt> <w>eight aforesd.  well washed & dressed & fitt for Smelting that Shall be gotten out of the Sd. Sixth part of the said five Lead Mynes when & at Such time as Lead Shall be comonly Sold at the Towne & County of Newcastle upon Tyne at the Rate & price of <Tenn> pound of like Money or about that price by the Fother of the <gt weight> aforesd. And that the Sd. John Bacon his Exe.s Adm.s Shall & will alsoe according to the true Intent & meaning of these p[re]sents discharge the p[re]isses of & from all Lott Oare Tythe Oare Rents Taxes and <impositons whatsoever to be Charged upon or Issueing or payable out of the Sd. p[re]misses dureing the Sd. Term 

      Provided alwayes And it is hereby Covenanted Declared & Agreed upon by & between the Sd. partyes to the sd. p[re]sents for themselves their Exe.s & Adm.s & every of them that the Sd. John Bacon his Exe.s & Adm.s and his & their Servants & workmen Shall & May dureing the Sd. Term Have Liberty to use any of the Shafts Levells or Watercourses to be made within the boundaryes of the Sd. Lead Mynes and at his or their pleasures to drive drift or Drifts within or through the Sd. boundaryes for & in order to the workeing or winning of any of <the> Lead Mines of or belonging to the Sd. John Bacon his Exe.s or Adm.s He the Sd. John Bacon his Exe.s or Adm.s <Ma>keing Such Satisfacton to the Sd. William Ramsay his Exe.s or Adm.s for all Damage or Losse by him or them to be done or occasioned to the Said Shafts Levells drifts or Watercourses within the demised p.misses as by Two Arbitrators the one to be named by the Sd. John Bacon his Exe.s or Adm.s the other to be Named by the Sd. William Ramsay his Exe.s or Adm.s Shall be thought fitt and reasonable & alsoe paying the Same within Thre Moneths next after the Same Shall be appointed to be paid by the Sd. Arbitrators 

      Provided also and upon Conditon and it is the True Intent & Meaning of these p[re]sents and of the Sd. partyes hereunto That if the Said William Ramsay his Executors or Administrators at any time dureing the Said Terme Shall desist and discontinue the wining and workeing any of the Said Lead Mynes hereby Letten for the Space of Two Callendar Moneths together That then and in Such Case this p[re]sent demise of the Said Lead Myne or Lead Mynes Soe discontinued to be <winn> and wrought by the Space of the Sd. Two Calendar Moneths Shall be void 

      and that it shall and may be Lawfull for the Sd. John Bacon his Exe.s and Adm.s into the Sd. Lead Myne or Lead Mynes soe discontinued to be wrought as aforesd. To Reenter and the Same to have and Enjoy as in his or their first and former Estate any thing in these p[re]sents contained to the Contrary in any wise Notwithstanding 

      provided alwayes and upon Condicon That if the Sd. William Ramsay his Exe.s and Adm.res Shall faile and Neglect duely to perform any of the Covenants Clauses and Agreements herein contained on his or their parts to be performed then and in every Such Case these p[re]sents to be void 

      and that it shall and maybe Lawfull to and for the Said John Bacon his Exe.s and Adm.s <to> all the p[re]misses above mentoned to Reenter and the Same to have again Repossesse and Enjoy as in his and their former Estates anything herein contained to the Contrary hereof in any <wise> notwithstanding 

      provided alsoe And it is further Covenanted and Agreed upon by and between the Sd. partyes to these p[re]sents that if the Sd. John Bacon his Exe.s or Adm.res be at any time or times dureing the Continuance of this demise <unwilling> to pay the Sd. Severall Sums of Twenty Shillings twenty two Shillings and Twenty four Shillings for every Bing of Lead Oare gott out of the demised p[re]misses According to the Covenant comprised in these p[re]sents and thereof give Notice in writeing to the Sd. William Ramsay his Exe.s or Adm.s under the Hand and Seale of the Sd. John Bacon his Exe.s or Adm.res upon any day appointed by these p[re]sents for the payment of the Sd. Lead Oare  that in Such Case and as often as the Same Shall happen that the Sd. John Bacon his Exe.s and Adm.s Shall be and continue discharged of and from the payment of the said overall Sums <of> Twenty Shillings Twenty Two Shillings and Twenty four Shillings a Bing Load soe as is aforesd. Limitted to be paid until Such time as the Sd.John Bacon his Exe.s or Adm.res give Notice that he or they will receive again the Lead Oare gott out of the demised p[re]misses under the Agreements aforesd. 

      and it is Agreed by and between the Sd. partyes to these p[re]sents that dureing Such time <as> the Sd. John Bacon his Exe.s or Adm.res refuse to take the Sd. Lead oare It Shall <be> Lawfull for the Sd. William Ramsay his Exe.s & Adm.s to take the Lead Oare without Makeing any payment for the Same to the Sd. John Bacon his Exe.s and Adm.res other than the Lott Oare and Tythe oare due out of <the Sd.> Lead Mynes It being Agreed by and between the Sd. partyes to these p[re]sents That dureing Such time as the Sd. John Bacon his Exe.s or Adm.res refuse to take the Sd. Lead Oare It Shall be Lawfull for the Sd. William Ramsay his Exe.s and Adm.s to take the Sd. Lead oare without any payment for the same to the Sd. John Bacon his Exe.s or Adm.s other than the Lease and Tythe Oare due out of the Sd. Lead Mynes It being Agreed by and between the Sd. partyes to these p[re]sents That dureing the Sd. Terme or <Termes> the Lott Oare and Tythe Oare Shall be paid to the Sd. John Bacon his Exe.s and Adm.res  by the Sd. William Ramsay his Exe.s and Adm.ses Anything in these p[re]sents contained to the Contrary NotwithStanding 

      provided also and upon Conditon And it is hereby further Covenanted declared and Agreed upon by and between the Sd. partyes to these p[re]sents for themselves their Exe.s Adm.s and Assignes that if the Sd. Sr. William Blackett his Heirs or Assignes Shall Surrender the Sd. Office of MoorMan or MoorMaster to the Bishopp of Durham or his Successors then in Such Case this Demise of all and Singular the p[re]misses shall be void and of None Effect 

      And the Sd. John Bacon for himself his Exe.s and Adm.s doth Covenant and Agree to and with the Sd. William Ramsay his Exe.s and Adm.res by these p[re]sents That he the Sd. John Bacon his Exe.s or Adm.s Shall and will within the Space of Six Moneths after the Said Sr. William Blackett hath procured a New grant of the Office of MoorMaster from the Bishopp of Durham or his Successors and after he the Said John Bacon hath procured the Said Sr. William Blackett his Heires and Assignes to Execute a New Lease among Other Lead Mynes of Two Third parts of the Said Lead Mynes hereby demised to the said John Bacon his Exe.s and Adm.s for the Residue and Remainder of the Said Term of One  Thousand yeares in the Said Recited Indenture of Lease mentoned and then to come and unexpired (if the partyes for whose life or lifes or in whose Name or Names the Said Lease is Taken Shall be then liveing) demise grant and to Farm Lett to the Said William Ramsay his Exe.s and Adm.s the Said demised p[re]mises to the Said William Ramsay his Exe.s and Adm.res dureing all Such residue remainder and Term of yeares as by the <Sd.> Term of Twenty one yeares hereinbefore mentoned Shall be then to come and unexpired And with upon and under the Covenants provisoes and Agreements contained in these p[re]sents And that untill Such grant Shall be Made as aforesd. That the Said William Ramsay his Exe.s and Adm.res shall peaceably and quietly hold and Enjoy the Said demised p[re]misses without the Interrupton of the Sd. John Bacon his Exe.s Adm.res and Assignes or any <xxxxing> by from or under him  them or any of them 

      In Witness whereof the partyes above <Said> to these p[re]sent Indentures have Interchangeably Sett their Hands and Seales the day and year first above written.  <Annoxx> Dni 1694