Letter – John Westgarth to George Baker – 1 Aug 1773

[Annotated associated label:] The Lease of Brumshele Haugh Engine from Mr. Westgarth to George Baker Esqr.



Articles of Agreement Indented had made concluded and agreed upon this first Day of August in the Thirteenth Year of the Reign of our Sovereign Lord George the Third 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 and seven hundred and seventy three by and between John Westgarth of Unthank in The County of Durham Esquire of the one Part and George Baker of Elemore Hall in the said County of Durham Esquire of the other Part.

      Whereas the Reverend Richard Hutchins Doctor of Divinity and Rector of Lincoln College in Oxford the Reverend John Sharp Doctor of Divinity and Archdeacon of the Archdeaconry of Northumberland the Reverend James Douglas Doctor of Divinity and one of the Prebendaries of the Cathedral Church of Durham the Right Reverend Father in God Robert Lowth Lord Bishop of Oxford and the Reverend John Rotherham Clerk Rector of Houghton le Spring in the County of Durham by Indenture of Leave bearing Date on or about the Twentieth day of July last past before the Date herof expressed to be made between the said Richard Hutchins, John Sharp, James Douglas, Robert Lowth Bishop of Oxford and John Rotherham the one part and the said John Westgarth of the other part 

      Did Demise Lett and to Farm lett unto the said John Westgarth his Executors Administrators and Assigns All and every the Mines and Veins of Lead Oar as well open or not open lying and being within and under all the ancient Inclosures of the said Lessors Farm called Brumsheel Haugh in the County of Northumberland (to wit) such Lands as were inclosed before the Year of our Lord one thousand seven hundred and nine with full and free Liberty of winning and working such Lead mines and with Liberty to Dig Delve and make Ditches Levels and Drains Sink Pit or Pits Shaft or Shafts and to erect Gins and Engines and to make and Cut Water courses for conveying and carrying away the Water out of the said Mines and Heaproom and Groundroom Bin and Binsteads upon the said Premises And also Liberty to Search for dig and work the Quarries of Slate and other Stones upon that part of the Common adjoining to the said Brumsheel Haugh Farm which lies adjoining to the South or South west side of the dwelling house of John Ward with free Egress and Regress and other convenient Wayleave and Passage with Cattle Horses Carts and Carriages to lead drive and carry away the said Lead Oar Slates Stones or Rubbish from the said Mines Quarries and Works with Heaproom and Ground room for laying the same upon the said Premises To hold the same unto the said John Westgarth his Executors Administrators and Assigns from the Twelfth day of May then last past for and during and unto the full End and Term of Twenty one Years from thence next ensuing fully to be Complete and Ended Subject nevertheless to such Yearly and the Rents Covenants and Agreements as in the said recited Indenture of Lease is reversed and contained as in and by the said Indenture of Lease relation being thereto had more fully may appear 

      And Whereas  there was lately Erected and Built by the said John Westgarth in and upon the Premises above demised a Water or Bob Engine for the drawing Conveying and carrying away the Water from forth and out of the said Mines and Minerals And Whereas the said George Baker is Seised of and in certain Lead Mines called Emley Haugh Leadmine lying and being near and adjoining the said Brumsheel Haugh Leadmine And Whereas it will be a mutual Convenience to both the said Parties that the said Engine should be made use of for the Drawing of the Water forth and out of the said Mines and Minerals as well those belonging to the said John Westgarth called Brumsheel Haugh Lead Mines as the same Emley Haugh Lead Mines belonging to the said George Baker and Accordingly the said John Westgarth and George Baker have come to an Agreement with each other that the same shall be made use of by both the said Parties in such manner and for such Purposes as hereinafter are mentioned and in Consideration thereof the said George Baker hath agreed to advance and pay to the said John Westgarth upon the Execution of these Presents the Sum of One hundred Pounds And also to pay him his Executors Administrators or Assigns such Yearly Rent or Sum as hereinafter is expressed and declared 

      Now these Presents Witness and it is mutually agreed on by and between the said Parties to these Presents in such manner as hereinafter is mentioned And first the said John Westgarth in Consideration of the said Agreement and of the sum of one hundred Pounds of lawful Money of Great Britain by the said George Baker to the said John Westgarth in Hand well and truly paid upon or before the Sealing and Delivering of these Presents the Receipt whereof he doth hereby acknowledge and of the Rents Covenants and Agreements herein after contained on the part of the said George Baker his Heirs and Assigns to be paid done and performed for himself his Heirs Executors Administrators and Assigns doth Covenant Promise and Agree to and with the said George Baker his Heirs and Assigns by these presents that it shall and may be lawful for the said George Baker his Heirs and Assigns 

      to have hold enjoy and make use of the said Water or Bob Engine for the Drawing Conveying and Carrying away the Water out of and from and for the better and more effectual winning and working the said Lead Mine called Emley Haugh with Liberty of making and driving Drifts Levels and Water courses to and from the said Emley Haugh Lead Mines to the said Engine and of all such other Privileges in respect thereof as the said John Westgarth is Intitled to give by virtue of the said recited Indenture of Lease for all the residue of the said Term of Twenty one Years yet to come and unexpired or until the said Indenture of Lease shall be otherwise sooner determined by virtue of any Conditions or Agreements therein contained (Subject to such Privilege of Using the said Engine by the said John Westgarth his Executors Administrators and Assigns as is hereinafter Comprised in that behalf) Together with free Ingress Egress and Regress to and from the same by the said George Baker his Heirs and Assigns and his and their Servants and Workmen for the amending and repairing the said Engine and Engine Shaft and the Water courses to be made use of by him and them in Provenance of the Liberty hereby Granted 

      And also full and free Liberty and Licence to and for the said George Baker his Heirs and Assigns to have the use of all the Water that can be Collected within the Boundaries granted to the said John Westgarth in and by the said above in part recited Indenture of Lease, but so as not to Injure the said John Westgarth his Executors Administrators or Assigns in his or their Winning or Working the said Brumsheel Haugh Lead Mines or Prevent or hinder them for that Purpose from first using the said Water or so much thereof as he or they shall have Occasion for 

      Item  It is further agreed and the said George Baker (in Consideration of such Licence Liberties and Privileges as aforesaid) for himself his Heirs Executors and Administrators doth Covenant Promise  and agree to and with the said John Westgarth his Executors Administrators and Assigns by these Provisions in the manner following (that is to say) That the said George Baker his Heirs and Assigns shall and will Yearly and every Year for the first five Years of the said Term well and truly Pay or cause to be paid unto the said John Westgarth his Executors Administrators and Assigns the Yearly Rent or Sum of Twenty five Pounds of lawful Money of Great Britain at two Days or Times in the Year (that is to say) the first [space left] day of February  and the first [space left] day of August  in every Year by even and equal Portions the first Payment thereof to begin and be made on the first [space left] day of February next ensuing the Date hereof the said several Payments to be made without any Deduction or Abatement of or for any Taxes Assessments or other Matter or Thing imposed or to be imposed by any Act or Acts of Parliament already or hereafter to be made or otherwise howsoever 

      And also shall and will during the Continuance of this grant demise and Liberty at his and their own Proper Costs and Charges pay and discharge all the Expense to be occasioned by the working of the said Engine as well for the Benefit of the said George Baker his Heirs and Assigns in the Drawing and Conveying of Water out of and from the said Emley Haugh Lead Mines as of the said John Westgarth his Executors Administrators or Assigns for the drawing and conveying of Water out of and from the said Brumsheel Haugh Lead Mines 

      And also shall and will at his and their own Proper Costs and Charges from time to time and at all Times during the Continuance of the said residue of the said Term well sufficiently and in a proper manner repair maintain and uphold the said Engine and the Engine Shafts and the Watercourses to and from the same in good Order repair and Condition so as to be sufficiently Capable of drawing and conveying away the Water from forth and out of the said Lead Mines respectively and shall and will at the End or other sooner determination of the said Term Yield and deliver up unto the said John Westgarth his Executors Administrators or Assigns quit and peaceable Possession of the said Engine and Engine Shaft in good and sufficient repair and Condition 

      And shall not nor will at anytime or times during the said residue of the said Term obstruct or hinder the said John Westgarth his Executors Administrators or Assigns in the free use and Exercise of the said Engine for the Drawing or conveying the Water from forth and out of the said Brumsheel Haugh Leadmines or the Exercise of any of the Power Liberties or Privileges hereinbefore mentioned to have been demised to him as aforesaid in and by the various part recited Indentures of Leave And shall not nor will do or suffer to be done any Act Matter or Thing whatsoever whereby the said Engine or the said Brumsheel Haugh Mines or the Works or Workings thereof shall be any Way Injured or Damaged in or during the time that the said George Baker his Heirs or Assigns shall continue to work the said Engine or by reason or Occasion thereof or of the Communications to be made therewith by him or them to the said Emley Haugh Leadmines 

      Provided always and it is hereby declared and agreed by and between the said Parties to these Presents that the said George Baker his Heirs Executors Administrators and Assigns shall and may have full and free Liberty to Sink the said Engine Shaft deeper than it now is if he or they shall think it necessary so to do and to make such Drift or Drifts there from or to the said Emley Haugh Mine as he or they shall at any time think proper for the more effectual winning and working the same and thereafter the said Engine Pit shall be so Sunk deeper or the said Drift or Drifts shall be made therefrom if the said John Westgarth his Executors Administrators or Assigns shall use or receive any benefit or advantage in his said Lead Mine from the said last mentioned Works to be made by the said George Baker his Heirs Executors Administrators or Assigns then and in such Case the said John Westgarth his Executores Administrators or Assigns shall and will from the Commencement of such use benefit or advantage pay or cause to be paid one half of the Expense of repairing and working the said Engine and Engine Pit Drifts and the Works for and during so long time as he or they shall continue to receive such Benefit or Advantage therefrom as aforesaid 

      Provided likewise and it is declared and agreed by and between the said Parties to these Presents that if the said George Baker his Heirs or Assigns shall at any time during during the said residue of the said Term be aminded or desirous to determine and put an end to this present Agreement and of such his or their Mind or Desire shall and do after the first five Years give Six Calendar Months Notice in Writing to the said John Westgarth his Executors Administrators or Assigns or shall leave the same at his to their usual Place or Places of Abode then and in such Case the Rents Covenants and Agreements herein contained on the part and behalf of the said George Baker his Heirs Executors and Assigns having been paid and performed and not otherwise the said Yearly Rent and every Clause Covenant and Thing herein contained shall (from and after the End of such Six Calendar Months) cease determine and be utterly void anything herein contained to the Contrary thereof in any wise not withstanding Except with respect to the said One hundred Pounds which shall be retained by the said John Westgarth for his own use 

      In Witness whereof the said Parties to these Presents have hereunto Inchangeably Set their Hands and Seals the day and year first above mentioned



George Baker 		John Westgarth  [signatures and seals]



[on reverse:]



Signed Sealed and delivered by the within named John Westgarth and George Baker in the Presence of us 

Lance.  Richardson   Cuth. Stafford   [both sign]



Received the Day and Year first within written by me the within named John Westgarth of and from the within named George Baker the Sum of One hundred pounds being the Consideration within mentioned to be paid by him to me. Witness my hand

Jno. Westgarth [signed]



Witnesses to the signing herof   Lance.  Richardson   Cuth. Stafford   [both sign]