Witness Deposition – Mary Loraine – 18 Jun 1762

And this Defendant further Answering saith she doth Admit that she hath obtained Letters of Administration of her said late Husbands personall Estate and Effects to be Granted to her by the prerogative Court of York and that by virtue thereof she hath possessed herself of all the personal Estate and Effects of her said late Husband which she could come by and particularly the moiety of one Lead Mine called Caple Cleugh Mine which was brought by the said Robert Loraine in his Life time and of which he was possessed and to which he was Intitled for the remainder of a Term of Years which will not expire till the third day of July One Thousand Seven Hundred and Sixty Eight 



But this Defendant doth deny that to the knowledge or belief of this Defendant the said Robert Loraine was in possession of and brought in his own right two Lead Mines as suggested in the Bill for that she saith she both heard and believes that the said Robert Loraine was in possession of and wrought the Lead Mine called Cowslitts only as agent for and accountable to the  representatives of the said George Marshall Deceased to whom the said Lead Mine called Cowslits did belong And this Defendant Further saith she doth admit that on the Decease of her said late Husband she did possess herself of all the Ore which had arisen from the said mine belonging to the said Robert Loraine and remained Indisposed of And that she hath Disposed of the same for the best price she could get And that she doth continue to work the said mine called Capel Cleugh and this Defendant hopes by the profits ariseing there from she may in time be Enabled to raise money Sufficient to pay and Satisfy all the said Intestates just Debts but this Defendant doth deny that she hath applied or ever did or doth intend to apply any of the profitts ariseing from the said Mine to this Defendants own use untill the Just Debts of the said Husband shall have been paid and Satisfied 



And this Defendant saith that she being willing and Desirous to do all in her power to prevent the Expence of a suit in this Honourable Court and being Desirous to have the Effects of her said late Husband made the most of and applyed in payment and Satisfaction of all Just Debts of her said late Husband she this Defendant some time in the month of December last past Authorized her Brother Robert Algood of Hexham on the County of Northumberland Gentleman to make proposalls for that purpose to Mr William Kirsop of Hexham aforesaid Gentleman Agent for the Complainant John Errington 



And this Defendant Doubts not to prove that in the said Month of December now last past it was agreed by and between the said William Kirsop on the part and behalf of the said Complainant John Errington and the said Robert Allgood on the part and behalf of this Defendant that all proceedings in the Honourable Court by the said Complainant should be stayed and that the Interest of this Defendant in the said Lead Mine called Capel Cleugh And also three other Lead Mines in Alston Moor aforesaid late belonging to the said Robert Loraine deceased but which have never been brought called Capel Cleugh Vein Capel Cleugh Sun Vein and Capel Cleugh Westend Vein should be publickly sold at the Town of Alston to the Highest bidder on the Twentieth Day of January now Last past and that the said  Complainant should be paid out of the Money arising by the Sale of the said Mines what should appear to be justly due to the said Complainant And that in case the said Mines could not be sold that then this Defendant should Assign over to the said Complainant all her right Title and Interest in and to the said Mines as a Security for the Money due to the said Complainant Ans should also assign to the said Complainant all the Ore then lying at the said Mine called Capel Cleugh And that the said William Kirsop and Robert Algood should settle the Accounts Between the said Complainant and this Defendant and in case they should differ about any particular Items in such Accounts that then such Items about which they should so differ should be referred to two other Indifferent persons to Settle the same One to be chosen by the said Complainant and the other by the Defendant 



And this Defendant saith that the said Lead Mines were accordingly put up to Sale but nothing was Bid for the same 



And this Defendant further saith that on the same Twentieth day of January last she this Defendant by agreement sold to Thomas Tweedale of Shilson Gentleman all the Lead Ore then lying at the said Capel Cleugh Vein And also all such ore as should be got and wrought out of the said Mine on or before the Twenty Fifth day of March then next (the dues only Excepted ) clean washed and made Markettable and fill for smelting the Ore to be taken away on or before the Twenty Fifth Day of June there next and the Money to be paid for the same on or before the Thirtieth day of the same month of June And the Defendant further saith that on or About the fifth day of March last then <..> <com>plainant in pursuance of the said agreement entered into by the said William Hisop and the said Robert Allgood as aforesaid caused a Deed Poll to be brought to this Defendant to be Executed and this Defendant Accordingly Executed the same And by the same Deed Poll Reciting ( Among other things) that the said Robert Loraine at the time of his Death was possessed and Interested in Several Lead Mines And that this Defendant her Agents and Servants had brought and raised out of the Lead Mine or Vein called Capel Cleugh Vein a considerable Quantity of Ore lying at the said Mine and Reciting the said sale to the said Thomas Tweedale and that the said Robert Loraine at the time of his Death was Indebted to the said Complainant in a considerable Sum of Money and that this Defendant had agreed to assign over to the said Complainant All such Sum and Sums of Money as should be due to her for the said Lead Ore so sold to the said Thomas Tweedale This Defendant Did Bargain Sell Assign and set over to to the said Complainant All Such Sum and Sums of Money as would be due from the said Thomas Tweedale his Executors or Administrators for the said Lead Ore sold him upon the said therein recited and herein before mentioned Contracts aforesaid To hold the said Sum or and Sums of Money and every part thereof to the said Complainant his Executors Administrators and Assigns as his and their own proper Moneys and Estate for ever He and they allowing thereout as much Money as (with the profits Received by this Defendant or her Agent from the Lead Mines of the said Robert Loraine in Alston Moor aforesaid since his Decease would be sufficient to discharge the Pay Bill for getting Working Washing clean and making Marketable and fitt for Smelting the said Lead Ore so sold to the said Thomas Tweedale and giving this Defendant creditt for the residue and remainder thereof in part of the Debt due to the said Complainant from the said Robert Loraine And this Defendant did thereby make constute and appoint the said Complainant his Executors Administrators and assigns Joyntly and Severally to be her True and Lawfull Attorney and Attorneys in her Name to Ask Demand Recover and Receive of and from the said Thomas Tweedale his Executors and Administrators the Moneys thereby assigned and every or any part thereof and to give proper Release or Discharges for the same and to do and perform every thing as Effectually as she her Executors or Administrators could or might do in or about the promisses



And this Defendant at the same time delivered the said Originall Contract so as aforesaid made with the said Thomas Tweedale to the person sent by or on the behalf of the Complainant to get the said Deed Poll executed by this Defendant 



And this Defendant saith she verily believes that the said Original Contract is now in the custody of the said Complainant John Errington or his Agent and this Defendant saith she is And always hath been ready and Willing on her part to perform the said Agreement so as aforesaid entered into by the said William Hisop and the said Robert Allgood 



And this Defendant further Answering saith that herein and in the Schedule hereunto Annexed and which this Defendant prays may be taken as part of this her Answer to the Complainants Bill she hath According to the best of her knowledge remembrance Information and belief setforth a full true just and particular Account of all the personall Estate and Effects so hereof the said Robert Loraine was possessed or wherein he was Interested or Intitled as the time of his Decease with the Nature kind Quality and full and utmost values thereof respectively and what part thereof hath come to her hands and how and in what Manner she hath paid away applied or disposed of the same or any part thereof 



And this Defendant further saith she believes it to be true that the Complainant John Errington hath Attained his Age of Twenty one years and Is thereby became Intitled to all the said Reall Estates of his said late Father and to so much of the clear rents and profits thereof as Accrewed and were received by the said Robert Loraine in his Life time and were not paid over or Accounted for by him