Catalogue

Parties:
(1) Robert Sheels of Claypath, Durham, cordwainer, Jane Sheels of Claypath, spinster and Elizabeth Sheels of Claypath, spinster;
(2) George Barkas of Offerton, yeoman

Operative Part
(1) released (a) to (2) for £106

Property:
(a) messuage, burgage, tenement and garth in Claypath, Durham bounded by house of John Atkinson, cordwainer, E and messuage of William Botcheby W, the Queen's highway N and common lane or vennall S and which formerly belonged to John Sheelds, father of (1)

Habendum:
- to (2), to use of (2) for ever subject to equity of redemption for (1)

Witnesses:
- Thomas Brown;
- George Shaw;
- George Langstaffe

Parties:
(1) Robert Sheilds of Durham, cordwainer (brother and heir of John Sheilds of Durham, cordwainer, deceased) Jane and Elizabeth Sheilds, spinsters (sisters of Robert Sheilds and all children of John Sheilds the elder of Durham, cordwainer, deceased), William Brown of Gillygate, carpenter and George Barkas of Offerton, yeoman
(2) John Allenson of Durham, cordwainer

Operative Part
- George Barkas paid £100 to William Brown, by nomination of Robert, Jane and Elizabeth Sheilds, in payment of a mortgage due to William Brown;
- (2) paid £127.15.0 to George Barkas by direction of Robert, Jane and Elizabeth Sheilds in satisfaction of a mortgage;
- (2) paid £4.5.0 to Robert, Jane and Elizabeth Sheilds;
- (1) released (a) to (2)

Property:
(a) messuage, burgage, tenement and garth in Claypath, Durham bounded by a house of John Atkinson, cordwainer E, tenement of William Botcheby W, Queen's high street N and common lane or vennel S and which was formerly estate of John Sheilds, father of Robert, Jane and Elizabeth

Habendum:
- to (2), to the use of (2) for ever

Witnesses:
- John Gray;
- Robert Dodshon;
- William Roper

Parties:
(1) John Allenson of Durham, cordwainer;
(2) John Byerley of St Giles, Durham, yeoman

Operative Part
- (2) paid £60 to (1);
- (1) demised (a) to (2) for 1,000 years

Property
(a) messuage, burgage and tenement with garth in Claypath, Durham bounded by house late of John Atkinson E, messuage of William Botcheby W, King's high street N and common lane or vennel S and formerly belonging to John Shields the elder

Habendum:
- to (2) for 1,000 years at a peppercorn rent with provision for redemption by (1) on payment of £60 and 5% interest

Witnesses:
- George Paxton;
- Ralph Allinson;
- John Mann

Parties:
(1) John Byerley of St Giles, Durham, yeoman;
(2) William Allinson of Claypath, Durham, cordwainer;
(3) Thomas White of Durham, barber;
(4) Robert White of Escomb Woodside, yeoman

Reciting
- CC/Deeds 1/5;
- default in payment made by John Allenson, who was now dead having made a will devising his real estate to Ralph Allinson his eldest son, who thus became seized of the reversion and inheritance subject to redemption of the mortgage; subsequent death of Ralph Allinson intestate whereby (2) became entitled to possession as his brother and heir at law;
- (2) borrowed £8 from (1) charged on (a);
- (2) now owed £84 principal and interest to (1)

Operative Part
- (3) paid £84 to (1) by direction of (2);
- (4) paid 10 shillings to (1);
- (1) and (2) assigned (a) to (4) in trust for (3)

Property
(a) messuage, burgage and tenement with garth in Claypath, Durham bounded by house late of John Atkinson E, messuage of William Botcheby W, King's high street N and common lane or vennel S and formerly belonging to John Shields the elder

Habendum:
- to (4) for residue of the term of 1,000 years in trust for (3)

Witnesses:
- Jacob Greive;
- Henry Doubleday

Parties:
(1) William Allinson of Claypath, Durham, cordwainer (brother and heir of Ralph Allinson late of Durham, cordwainer, deceased, elder son, heir and devisee of John Allinson of Durham, cordwainer) and Edward Holmes of Primroseside, Durham, yeoman;
(2) Thomas White of Claypath, barber

Operative Part
- (2) paid £21 to Edward Holmes, at request of William Allinson;
- (2) paid £105 to William Allinson;
- William Allinson and Edward Holmes, by direction of William Allinson, released (a) to (2)

Property
(a) messuage, burgage and tenement with garth in Claypath, Durham bounded by house late of John Atkinson E, messuage formerly of William Botcheby W, King's high street N and common lane or vennel S

Habendum:
- to (2) paying an annual rent to the Crown of 4 shillings

Witnesses:
- Jacob Greive;
- John Sibbald;
- Henry Collen

Parties:
(1) Thomas White the elder and Mary, his wife and Thomas White the younger, only son and heir apparent of Thomas White the elder and Margaret, his wife;
(2) Catherine Hixon of Gilligate [Gilesgate], Durham, widow

Operative Part
- (1) released (a) to (2) for £35

Property
(a) messuage, burgage and tenement with garth in Claypath, Durham bounded by house late of John Atkinson E, messuage formerly of William Botcheby W, King's high street N and common lane or vennel S

Habendum:
- to (2) at a rent of 4 shillings paid to the Crown with proviso for equity of redemption by (1)

- devising all his real estate in Hamsterley to his son Thomas;
- bequeathing to his wife Mary all household goods and furniture;
- bequeathing £10 to his son John, £20 to his daughter Jane;
- bequeathing £20 each to his daughters Ann and Mary when they became 21;
- bequeathing an annuity of £5 to his wife Mary for her life;
- legacies and annuity to be charged on his personal estate;
- bequeathing the residue of his personal estate to his son Thomas;
- appointing his son Thomas as sole executor;
- signed by mark;
- witnesses: Thomas Nicholson by mark, John Arrlety and William Thompson;
- examined by John Hays, deputy registrar of Durham Consistory Court

Parties:
(1) Catherine Hixon;
(2) Thomas White the elder and Thomas White the younger and Margaret, his wife;
(3) Anthony Fawell of Langley Mill near Lanchester, yeoman

Reciting:
- death of Mary White;
- £55 was then owing to (1), all interest being paid;
- Thomas White the younger had applied to (3) for another £100 and Thomas White the elder agreed to convey his right and title and equity of redemption

Operative Part
- (3) paid £55 to (1) by direction of (2);
- (3) paid £45 to Thomas White the younger;
- Thomas White the younger had made a bond of even date to Thomas White the elder for £6 per annum for his life;
- (3) paid 5 shillings to Thomas White the elder;
- (1) and (2) released (a) to (3)

Property
(a) messuage, burgage and tenement with garth in Claypath, Durham bounded by house late of John Atkinson E, messuage formerly of William Botcheby W, King's high street N and common lane or vennel S

Habendum
- to (3) to the use of (3) for ever with equity of redemption for Thomas White the younger

From Thomas White the younger of Claypath, Durham, barber to Anthony fawell of Langley Mill, Lanchester, yeoman in £200 to secure repayment of CC/Deeds 1/12; witnessed by William Hutchinson and William Hopper

(I) Feoffment of 21 March 1671 [1672]]

Parties:
(1) John Simpson the elder of Claypath, Durham, draper tailor, John Simpson the younger of Market Place, Durham, draper tailor, his son and heir and John Pickering of Bearpark , yeoman, son and heir of George Pickering, late of Bearpark, draper tailor, deceased;
(2) John Shield of Claypath, cordwainer and Elizabeth, his wife

Operative Part
- (2) paid £21 to John Simpson the elder, £7 to John Simpson the younger and £36 to John Pickering by appointment of John Pickering the elder in satisfaction of a mortgage from John Simpson the elder to George Pickering on 10 February 1653 [1654] to secure £26 and interest;
- (1) enfeoffed (a) to (2)

Property
(a) messuage, burgage, tenement and garth in Claypath, bounded by house of Thomas Stephenson E, burgage of John Errington the younger W, King's high street N and a common land or vennel S and formerly in occupation of Michael Simpson, father of John Simpson the elder, then of John Sipson the elder, now of John Pickering as mortgagee and at ancient yearly rent of 4 shillings per annum and being part of the late chantry of St James the Apostle founded in St Nicholas' church, Durham

Habendum:
- to (2), to the use of (2) for ever paying rent of 4 shillings per annum to the Crown at the manor of East Greenwich (Kent).

(II) Mortgage by lease and release 8 and 9 March 1706

Parties:
(1) John Sheols;
(2) William Brown of Gilly [Gilesgate], Durham, carpenter

Operative Part
- (1) released (a) in (I) to (2) for £100

Habendum
- to (2), to the use of (2) for ever subject to equity of redemption for (1)

(III) CC/Deeds 1/1-2

(IV) CC/Deeds 1/3-4

(V) CC/Deeds 1/5

(VI) CC/Deeds 1/6

(VII) CC/Deeds 1/7-8

(VIII) CC/Deeds 1/9

(IX) CC/Deeds 1/11-12

(X) CC/Deeds 1/13

Parties:
(1) Anthony Fawell of Langley Mill, Lanchester yeoman;
(2) Thomas White the younger of Claypath, Durham, barber (only son and heir of Thomas White the elder of Claypath, Durham, barber);
(3) George Croft of Sedgefield, common brewer

Reciting:
- CC/Deeds 1/11-12

Operative Part
- (3) paid £107.10.0 to (1) at request of (2);
- (3) paid £16.10.0 to (2);
- (1), at request of (2);
- (1), at request of (2) and (2) for himself released (a) to (3)

Property
(a) house, burgage, tenement and garth in Claypath, Durham bounding: house formerly of John Atkinson, cordwainer, deceased, then of William Wharton, schoolmaster, deceased, then of his son William Wharton, hardwareman E; messuage or tenement formerly of William Botchaby, deceased, then John Bainbridge W; King's high street called Claypath N; common lane or vennel S

Habendum:
- to (3) for ever with equity of redemption for (2)

Witnesses:
- Henry Hopper;
- George Pearson

Parties:
(1) George Croft of Sedgefield, yeoman;
(2) Thomas White the younger of Durham, barber;
(3) Thomas White of West Auckland, yeoman, executor of the will of Robert White of Escomb Woodside and late of West Auckland, yeoman, deceased;
(4) Thomas Robinson of Houghton le Spring, common brewer

Reciting:
- CC/Deeds 1/15;
- (2) failed to repay the loan making ownership of (1) absolute, but all interest was paid;
- (4) had agreed purchase from (2) for £156

Operative Part
- (4) paid £124 to (1) by direction of (2);
- (4) paid £32 to (2);
- (1), by direction of (2), released and confirmed and (2) released and confirmed (a) to (4)

Property:
(a) messuage, burgage or tenement and garth in Claypath, Durham bounding house formerly of John Atkinson, cordwainer, deceased, now of William Wharton, hardwareman E, messuage or tenement formerly of William Botcheby, deceased, now of John Bainbridge W, King's high street called Claypath N and common lane or vennel S

Habendum:
- to (4), to the use of (4) for ever

Further Reciting:
- CC/Deeds 1/6;
- CC/Deeds 1/10

Second Operative Part
- (4) paid 10 shillings to (3);
- (3), by direction of (2) and (1) surrendered (a) to (4) or remainder of term of 1,000 years

Witnesses:
- Henry Hopper;
- George Pearson

- Lot 1: freehold dwellinghouse and garden on S side of Gilligate [Gilesgate], Durham in occupation of Mr Horne;
- Lot 2: freehold house and shop on N [sic] side of Claypath, Durham in occupation of William Davison (except the kitchen which forms a part of Lot 3);
- Lot 3: freehold public house in Back Lane adjoining Lot 2 and called the Black Horse in occupation of William Winter with bakehouse adjoining in occupation of William Brown and kitchen also in occupation of William Brown;
- memorandum that Robert Doggett of Durham, carrier had purchased for £260; witnessed by John Russell and Robert Hoggett

(I) CC/Deeds 1/16-17

(II) Will of Thomas Robinson of Houghton le Spring, brewer of 23 April 1800
- devising all messuage, burgage and tenement in Claypath, Durham called the Black Swan in occupation of Robert Young to his friends William Hutchinson of Hetton le Hole, gentleman and Thomas Rippon of Durham, flax dresser in trust to pay rents and profits to his wife Mary for her life as an annuity of £30 per annum; also in trust to pay from rents and profits to his two daughters Mary and Dorothy several annuities of £20 each; also in trust to mortgage the property in order to pay £400 each to his daughters Mary and Dorothy when they married; but if wither died before marriage then to divide their legacy between her sister and testator's son George and holding the property in trust for George.

(III) Codicil of 18 April 1804 to the will of Thomas Robinson revoking the rent charge of £30 and raising it to £50

(IV) Codicil of 18 November 1804 to the will of Thomas Robinson not affecting the real estate

(V) death of Thomas Robinson on 6 December 1804

(VI) Proof of the will and codicils of Thomas Robinson on 20 April 1805 by George Robinson alone

(VII) All legacies had been paid and satisfied

(VIII) Death of Mary Robinson on 10 July 1812 at Houghton le Spring

(IX) Will of George Robinson of 13 January 1840
- making devises and bequests not affecting the property;
- devising all real estate and bequeathing the residue of his personal estate to the use of his wife Elizabeth, T. Y. Hall and W. Shepherd in trust to convert into money and out of proceeds to pay legacies, annuity and other sums of money; half his real estate and residuary personal estate to be held in trust for his eldest son T. W. U. Robinson when he became 21 and the other half in trust for testator's second son Abbot Robinson when he became 21; with power of sale for the trustees

Abstracted by Edward D. Welford, solicitor of 27 Market Street, Newcastle upon Tyne (Northumberland)

Parties:
(1) Elizabeth Robinson of Houghton le Spring, widow, Thomas Young Hall of Newcastle upon Tyne (Northumberland), colliery viewer and William Shepherd, late of Moorsley, farmer, now of Fulneck (Yorkshire), woollen manufacturer - devisees in trust under will of George Robinson late of Houghton le Spring, brewer, deceased;
(2) Thomas William Usherwood Robinson of Houghton le Spring, esquire, eldest and only surviving son of George Robinson;
(3) John Gainford of Durham, mason;
(4) Elizabeth Elliot of Durham, spinster

Reciting:
- George Robinson was seized of (a)-(c) and made his will as in (IX) in CC/Deeds 1/19;
- death of George Robinson and proof of his will on 25 June 1844 in Prerogative Court of York;
- death of Abbot Robinson unmarried and intestate leaving (2) as his heir at law and (2) had some time since turned 21;
- (1), with consent of (2), agreed sale to (3);
- (3) entered into the contract for sale as agent of (4)

Operative Part
- (4) paid £1,150 to (1);
- (4) paid 5 shillings to (2);
- (1), by direction of (3), and (2) by direction of (3) released (a)-(c) to (4)

Property:
(a) freehold messuage, burgage or tenement used as an inn called the Black Swan in Claypath, Durham with yard, garth, stables, nailers, shop and buildings behind formerly in occupation of George Brown, since of Emily Ford, now of Robert Appleby;
(b) freehold dwellinghouse with shop, warehouse and premises adjoining (a), in occupation of Elizabeth Elliot
(a)-(b) bounded by: premises formerly of William Wharton, now of J. Wortley and others E; premises formerly of John Bainbridge, now of Francis Stone and others W; high street called Claypath N; common land or vennel S;
(c) pew in the parish church of St Nicholas, Durham

Habendum:
- to (4), to the use of (4)

Witnesses:
- James Longstaff of Durham, solicitor;
- George Home of Houghton le Spring;
- Robert H. Ireland, clerk to Durlford of Newcastle, solicitor

Parties:
(1) Elizabeth Elliott of Durham, spinster;
(2) John Thompson of Plawsworth, gentleman and Mowbray Darling of Coatham House near Darlington, gentleman

Reciting:
- CC/Deeds 1/20;
- (1) had requested £650 from (2)

Operative Part
- (2) paid £650 to (1);
- (1) released (a)-(b) to (2)

Property:
(a) freehold messuage, burgage or tenement used as an inn called the Black Swan in Claypath, Durham with yard, garth, stables, nailers, shop and buildings behind formerly in occupation of George Brown, since of Emily Ford, now of Robert Appleby;
(b) freehold dwellinghouse with shop, warehouse and premises adjoining (a), in occupation of Elizabeth Elliot
(a)-(b) bounded by: premises formerly of William Wharton, now of J. Wortley and others E; premises formerly of John Bainbridge, now of Francis Stone and others W; high street called Claypath N; common land or vennel S

Habendum:
- to (2) with proviso for equity of redemption for (1), interest 4.5%

Witness:
- James Longstaff of Durham, solicitor

(I) CC/Deeds 1/20

Parties:
(1) Elizabeth Elliott of Durham, spinster;
(2) John Thompson of Plawsworth, gentleman and Mowbray Darling of Coatham House near Darlington, gentleman

Reciting:
- CC/Deeds 1/21;
- £650 still owing to (2) but all interest paid;
- (1) had requested a further advance of £150

Operative Part
- (2) paid £150 to (1);
- (1) promised (a)-(b) would also be security for the further advance

Witness:
- Thomas Watson, clerk to H. J. Marshall of Durham, solicitor

Parties:
(1) Matthew Henry Earle of Houghton le Spring, draper;
(2) William Elliott Earle of Claypath, Durham, draper

Reciting:
- (1) and (2) were seized of hereditaments in 1st Schedule as tenants in common;
- (1) and (2) were seized of hereditaments in 2nd Schedule as an estate of inheritance for residue of a term of years granted 14 July 1860 as tenants in common;
- it had been agreed that (1) would convey his moiety in Second Schedule to (2) in consideration of (2) surrendering his moiety in First Schedule to (1)

Operative Part
- (1) conveyed and assigned to (2) all his moiety of the hereditaments in the Second Schedule;
- (2) assigned to (1) all his moiety of the hereditaments in the First Schedule

Habendum:
- hereditaments in the First Schedule to (2);
- hereditaments in Second Schedule to (1) for residue of 40 years granted on 20 July 1860

1st Schedule
- copyhold dwellinghouse and shop at The Quay, Houghton le Spring with outbuildings, yards and appurtenances in occupation of Matthew Henry Earle;
- two copyhold dwellinghouses in Church Street, Houghton le Spring in occupation of John Halely and Compton Legge

2nd Schedule
- two messuages, shop, warehouse and yard in Claypath, Durham with four cottages in the yard behind in occupation of William Elliott Earle (subject to £850 mortgage);
- leasehold dwellinghouse in Claypath in occupation of Elizabeth Thompson

Witness:
- W. H. Marshall of Durham, solicitor

Parties:
(1) John Davison, late of Aycliffe, now of Heighington, farmer;
(2) Ann Amelia Darling of Plawsworth, spinster;
(3) Margaretta Darling of Plawsworth, spinster

Reciting:
- will of John Darling of 17 April 1844 bequeathing to John Thompson of Plawsworth, gentleman, Mowbray Darling of Cowpen Bewley, farmer and Richard William Matthews of Primrose Hill near Lumley, land agent, whom he appointed executors and trustees, all his personal estate upon trust to pay legacies and to carry on his business of farmer until a certain date at which time his stock should be sold and invested, in trust to pay £100 to invest and accumulate interest until the testator's nephew John, younger son of Robert Fenwick Darling became twenty one when the sum should be transferred to him, remainder if he died under twenty one to the testator's nephews and nieces Jane, Ann, Elizabeth, Robert, Margaretta and John Darling in equal shares;
- death of John Darling the testator on 22 April 1844 and proof of his will in Durham on 31 May 1844;
- death of Richard William Matthews on 13 March 1853;
- CC/Deeds 1/21;
- CC/Deeds 1/23;
- mortgage of 5 October 1859 between (i) John Walton of Gilesgate, Durham and (ii) Mowbray Darling and John Thompson as trustees of the will of John Darling in which (ii) lent £150 to (i) and (i) conveyed to (ii) (a) two building sites on S side of Gilesgate bounded: N by Gilesgate; S by ground of William Hogarth, Ralph Platt and Robert Smith; E by premises of Robert Maddison; W by carriage way of William Hogarth, Ralph Platt and Robert Smith and measuring: N to S on E side 83 feet; on W wide 81 feet, 4 inches and E-W 22 feet and in area 180 square yards with right of carriageway 9 feet wide from the front street to the yard at the back and with use of yard behind the premise in common with neighbours; with premises to be erected thereon;
- death of John Thompson on 6 December 1865;
- will of Mowbray Darling of 31 July 1866 devising all estates vested in him in trust or mortgage to his sisters Mary and Ann Darling whom he appointed executrixes;
- death of Mowbray Darling on 30 January 1868 and proof of his will in Durham on 11 June 1868;
- death of Ann Darling on 25 January 1869;
- will of Mary Darling of 8 June 1875 appointing John Davison and Robert Darling of Plawsworth, gentleman as executors and trustees devising all estates vested in her as trustee or mortgagee to them;
- death of Mary Darling on 20 February 1876 and proof of her will in Durham on 20 April 1876;
- mortgages and further advances at CC/Deeds 1/21, 1/23 and 5 October 1859 were advanced by John Thompson and Mowbray Darling as trustees of the will of John Darling;
- the mortgages and further advances remained unpaid;
- the estate of John Darling had been distributed amongst those entitled;
- CC/Deeds 1/21 and 1/23 and loan of 5 October 1859 were set aside by trustees under the will of John Darling as the share of Ann Amelia Darling and Margaretta Darling in John Darling's estate;
- (2) and (3) have requested transfer of the premises by (1)

Operative Part
- (1) as trustee assigned principal sums of £650 and £150 and £150;
- (2) and (3) paid 10 shillings to (1);
- (1) granted mortgage premises to (2) and (3) as tenants in common

Witnesses:
- T. Clayhill of Darlington, solicitor;
- Agnes Darling of Plawsworth

Parties:
(1) Ann Amelia Darling of Plawsworth, spinster and Margaretta Darling of Plawsworth, spinster as mortgagees;
(2) Frederic Raine of Hyeres (France), gentleman;
(3) Elizabeth Earle of 1 Cromwell Villas, Wilton Road, Salisbury (Wiltshire), widow, Charles Stratford Earle of The Rectory, Little Langford (Wiltshire), clerk in holy orders and Thomas Maddison of Durham, solicitors;
(4) Thomas Forster of Neville's Cross, gentleman

Reciting:
- at her death Elizabeth Elliott, late of Durham, spinster was seized of (a);
- CC/Deeds 1/21;
- CC/Deeds 1/23;
- will of Elizabeth Elliott of 16 February 1862 devising and bequeathing the residue of her real and personal estate to her sister and brother-in-law Sarah Earle and William Earle for their lives, remainder to her nephews William Elliott Earle and Matthew Henry Earle and appointing William Elliott Earle sole executor;
- death of Elizabeth Elliott on 25 March 1862 and proof her will in Durham District Probate Registry on 16 April 1862;
- Sarah Earle and William Earle were dead;
- CC/Deeds 1/24;
- mortgage of 19 July 1881 from (i) William Elliott Earle to (ii) Jane Crofton of (a)-(b) in CC/Deeds 1/21 to secure £400;
- will of Jane Crofton of 1892 appointing her sister Elizabeth sole executrix;
- death of Jane Crofton on 17 November 1893 which was proved in Durham District Probate Registry on 30 January 1894;
- will of Elizabeth Crofton on 22 March 1895 appointing Margaret Ellison (then Margaret Headley) sole executrix;
- death of Elizabeth Crofton on 10 December 1896 and proof of her will in Durham DPR on 12 March 1897;
- transfer of mortgage of 30 August 1897 from (i) Margaret Ellison to (ii) Frederic Raine;
- will of William Elliott Earle of 11 November 1884 devising and bequeathing the residue of his real and personal estate to his wife Elizabeth, his second son Charles Stratford Earle and Thomas Maddison the younger in trust to convert into ready money for investment and payment of interest to his wife for her life, remainder to divide between amongst his children;
- death of William Elliott Earle on 7 January 1892 and proof of his will in Durham DPR on 18 February 1892;
- death of John Thompson on 5 December 1865;
- will of Mowbray Darling of 31 July 1866 devising all real estate vested in him as trustee or mortgagee to his sisters mart and Ann whom he appointed executrixes;
- death of Mowbray Darling on 30 January 1868 and proof of his will in Durham DPR on 11 June 1868;
- death of Ann Darling on 26 January 1869;
- will of Mary Darling of 8 June 1875 appointing John Davison and Robert Darling as executors and trustees;
- death of Mary Darling on 20 February 1876 and proof of her will in Durham DPR on 12 April 1876;
- CC/Deeds 1/25;
- (1) had agreed to sell to (4) for £145;
- mortgages of £650 and £150 remained outstanding but all interest has been paid;
- £190 remained owing on security of 19 July 1881;
- (2) and (3) agreed to join in the conveyance

Operative Part
- (4) paid £100 to (3) and £25 to (2) (in part payment of principal mortgage sums) and £20 to (1);
- (2) and (3) as mortgagees and (1) as trustees conveyed (a) to (4)

Property (as shown on included plan):
(a) piece of ground with four cottages in Claypath, Durham, reserving to (2) and (3) the use of drains and sewers passing through the hereditaments for the purposes of adjoining property, with (2) and (3) paying a fair proportion of upkeep

Habendum:
- to (4) discharged from mortgages

Witnesses:
- Jane Nicholson of 2 Graingerville, Newcastle upon Tyne (Northumberland);
- Jesse Hook of 26 Place des Palmiers, Hyères, banker;
- Edwin James Brook of Rosslyn, Wilton Road, Salisbury;
- Sidney Rutherford, clerk to S. M. J.Maddison of Durham, solicitor

- by auction at Royal County Hotel, Durham by James Turnbull, auctioneer;
- freehold messuage, dwellinghouse and shop being 93 Claypath, Durham, in occupation of Marcus Meyerowitz and others with warehouse and printing works behind formerly in occupation of Charles Thwaites; with right to use drains and sewers through premises conveyed to Thomas Forster, paying a proportion of the expenses in maintenance;
- conditions of sale;
- memorandum that John Moody of Shincliffe, butcher and farmer agreed to become purchaser or £660;
- witness: James Binhill auctioneer of Chester le Street

(I) CC/Deeds 1/25

(II) will of Margaretta Darling of Plawsworth of 30 April 1904 devising and bequeathing her real and personal estate to her sister Ann Amelia and appointing her brothers Robert of Plawsworth and Fenwick of Eldon executors

(III) Death of Margaretta Darling on 9 May 1904

(IV) Death of Robert Darling on 2 July 1904

(V) Will of Margaretta Darling proved in Durham District Probate Registry 7 July 1904

(VI) Will of 28 September 1904 of Ann Amelia Darling of Plawsworth appointing her brother Fenwick and her nephew Arthur Darling Nicholson as executors

(VII) Death of Ann Amelia Darling 29 January 1905

(VIII) Proof of will of Ann Amelia Darling on 7 March 1905 in Durham District Probate Registry and memorandum of 5 May 1904 that four cottages forming part of the back of the premises was sold off and conveyed to Thomas Forster and £100 was paid off the mortgage leaving £700 still due

- by J. W. E. Maddison, solicitor of Saddler Street, Durham;
- as solicitor for Frederic Raine of Hyères (France), gentleman (second mortgagee) and of Elizabeth Earle of 1 Cromwell Villas, Wilton Road, Salisbury (Wiltshire), widow, Charles Stratford Earle of The Rectory, Little Langford (Wiltshire), clerk in holy orders and Thomas Maddison of Durham, solicitor (devisees under the will of William Elliott Earle of Durham, gentleman) - all of them assigns or successors in title of Elizabeth Elliott of Durham, spinster they acknowledge notice demanding payment off of the first mortgage was given more than six months ago as acting for the second mortgagee and devisees;
- waiving all further notice and offering no objection to the sale

(I) CC/Deeds 1/21

(I) Copy court roll 2 May 1651
- Manor of Bondgate in Darlington of Sir John Wollaston, John Fowke, James Burke, William Gibb, Samuell Aidy, Thomas Noell, Christopher Park, John Bellamy, Edward Holker, Thomas Arnold, Richard Glyde, William Hobson, Francis Ash, John Babington, Lawrence Bromfeild, Alex Joanes, Richard Rimer, Stephen Estwick, Robert Meade and James Story held at Darlington before George Kirkby , deputy of Edward Colton, steward;
- admission of Agnes, wife of Thomas Wentworth, esquire, a daughter and coheiress of Sir Henry Bellingham, baronet, deceased, of half a close of pasture called Beamon-Hill alias Beamon-Hill Field with half of meadow, feedings and pasture in Coatham Mundeville formerly held by her father;
Admission of Elizabeth, wife of John Lowder, esquire, a daughter and coheiress of Sir Henry Bellingham, baronet, deceased, of half a close of pasture called Beamon-Hill alias Beamon-Hill Field with half of meadow, feedings and pasture in Coatham Mundeville formerly held by her father

(II) Memoranda 1701
- admission of 26 June 1701 of John Wentworth, baronet, relative [consanguinus] and heir of Agnes Wentworth (widow and relict of Sir Thomas Wentworth and a daughter and coheiress of Sir Henry Bellingham) and son and heir of Sir Henry Wentworth (son and her of Sir Thomas Wentworh and Agnes, his wife), out of court at Durham, before John Hutchinson, esquire, deputy of Charles Mountagn, esquire, steward to half a close called Beamont Hill alias Beamon Hill Field with half a meadow, feedings and pasture lying in Coatham Mundeville [in Latin]
- admission of 5 July 1701 of Henry Baynes, merchant [mercator] out of court at London, before Thomas Callowe, gentleman, deputy of Sir Charles Mountagn, steward to half a close called Beamont Hill alias Beamon Hill Field with half a meadow, feedings and pasture lying in Coatham Mundeville, quitclaimed by John Wentworth, baronet, relative [consanguinus] and heir of Agnes Wentworth (widow and relict of Sir Thomas Wentworth and a daughter and coheiress of Sir Henry Bellingham) and son and heir of Sir Henry Wentworth (son and her of Sir Thomas Wentworh and Agnes, his wife), to the use of Henry Baynes [in Latin]

(III) Copy court roll 24 April 1717
- Manor of Bondgate in Darlington of Nathaniel Crew, Bishop of Durham, held at Darlington before John Rudd, esquire, deputy to David Hilton, gentleman, steward;
- admission of Henry Baynes, merchant of half a pasture called Beamonhill alias Beamon hill field with half a meadow, feeding and pasture in Coatham Mundeville [in Latin] quitclaimed by John Culley to the use of Henry Baynes;
- memorandum [in English] that the surrender was conditional on John Culley paying £1,000 to Henry Baynes

(IV) Copy court roll 24 April 1717
- Manor of Bondgate in Darlington, held at Darlington;
- admission of John Culley to half a pasture called Beamon hill alias Beamon hill field with half a meadow, feeding and pasture in Coatham Mundeville, quitclaimed by Henry Baynes, merchant to the use of John Culley [in Latin]

(V) Copy memorandum 4 July 1721
- Manor of Coatham Bondgate in Darlington
- admission of John Culley of Croft (Yorkshire) at London before David Hilton, esquire of half a close called Beamonthill with half a meadow, feeding and pasture lying in Coatham Mundeville which Henry, Viscount Lonsdale quitclaimed to John Culley [in Latin]

(VI) Copy memorandum 4 June 1721
- Manor of Bondgate in Darlington
- surrender out of court at Darlington and the city of York before Farrow Eden, gentleman, deputy of David Hilton, esquire to half a close called Beamonhill alias Beamonhill field with half a meadow, feeding and pasture lying in Coatham Mundeville by Henry Baines to George Allen [in Latin]
- memorandum [in English] that the surrender was on condition that if John Cully paid £2,200 to George Allen, Allen would resurrender.

(VII) Copy court roll 27 March 1722
- Manor of Bondgate in Darlington;
- surrender out of court at Durham before David Hilton, by John Culley of Croft (Yorkshire) of house, barn and edifices at Beamonthill with several parcels of land called Lowacre Close, Highacre Close, Highfeild Hill, Tutthill, High Fatting Field, the Garths, Orchard Close, Party Close, Mistris feild, Whinney Feild, Hopes Close, Rough Close, Eddy Close, Chapman field, High Lough field, High Lowend and a close called the Eight acres abutting on king's highway called the post road E, Whessoe W, Coatham N and Cole Street S, two halves of a close called Beamonthill and meadow and pasture adjacent late of Richard, Lord Lonsdale and Henry Baines

- admission of Robert Davison and Ralph Close out of court at Durham before David Hilton, esquire, steward to a house, barn and other edifices at Beamonthill with several parcels of land and closes called Low Acre Close, High Acre Close, Highfield Hill, Sutthill, High Fatting Field, the Garths, Orchard Close, Partey Close, Mistrissfield, Whinney Field, Hopes Close, Rough Close, Eddy Close, Chapman Field, High Lough Field, High Lowend and a close called the Eight Acres abutting on king's way called the Post Road E, Whessoe W, Coatham N and street called Cole Street S, parcel of two moieties of a close called Beamonthill all late of Richard, Lord Lonsdale and Henry Baynes; in which William Harrison, son and heir of William Harrison, deceased, who survived Thomas Harrison, deceased (William Harrison was an infant under 21, having right by virtue of an order made in Chancery on 13 February 1741 [1742]) surrendered by Robert Davison and Ralph Close to Robert Davison and Ralph Close;
- memorandum that the surrender to Davison and Close was as trustees of the will of John Culley of Darlington, gentleman;
- examined by Christopher Johnson, deputy clerk

Parties:
(1) John Culley of Darlington, gentleman;
(2) Ann Gates of Norton, widow;
(3) Robert Davison of Stockton on Tees, merchant and Ralph Close of Beamont Hill, yeoman

Reciting:
- (1) on 5 April 1725 surrendered (a) to the use of William Harrison of Hurworth and Thomas Harrison of Durham as trustees of the will of (1);
- William Harrison and Thomas Harrison were both dead, William Harrison having survived Thomas Harrison and left William Harrison, his eldest son, an infant of fifteen who was admitted as tenant of (a);
- order of Chancery of 21 October 1741 that it be referred to Master Bennet to examine and certify in whom (a) was vested and whether William Harrison was a trustee;
- report of master in Chancery of 10 February 1741 [1742] that (a) was vested in William Harrison;
- final order in Chancery of 30 [sic] February that William Harrison should surrender (a) to (3) in trust for the will of John Culley;
- surrender of 23 February of (a) by William Harrison to the use of (3);
- marriage agreed between (1) and (2);
- agreed that four copyhold closes (High Lough Field, High Low End, Eight Acres and Eddy Close) were to be charged with an annuity of £20 to (2) for life if she outlived (1)

Operative Part
- (1) appointed that (3) should stand possessed of (a) in trust as follows: in trust for (1) until the marriage, remainder to (1) for his life, remainder that rents and profits of High Lough Field, High Low End, Eight Acres and Eddy Close should pay an annuity of £20 to (2) for her life, which (2) accepted as bar of dower and with power of distraint in forfeit of payment; remainder in trust for the will of (1); remainder to heirs of (1) for ever

Property:
(a) house, barn and other edifices at Beamont Hill and lands called Low Acre Close, High Acre Close, Highfield Hill, Tothill, High Fatting Field, the Garths, Orchard Close, Parcy Close, Mistress Field, Whinney Field, Hopes Close, Rough Close, Eddy Close, Chapman Field, High Lough Field, High Lowend and a close called 8 acres abutting king's way called the Post Road E, Whessoe W, Coatham N and street called Coal Street S, parcel of two moieties of a close called Beamont Hill and lands, meadows and pastures adjoining late belonging to Richard, Lord Lonsdale and Henry Bayns

Witnesses:
- Thomas Aire;
- Joseph Johnson;
- Francis Lowe;
- Ralph Davison;
- Robert Clawson;
- Ann Smith

Examined 22 April 1755 by Tomlinson Bunting and John Gibson

Parties:
(1) John Culley of Norton, gentleman;
(2) John Wardell of Ketton, gentleman

Operative Part
- (1) covenanted with (2) to surrender (a) to him before 6 April 1747

Property:
(a) messuage, farmhouse and tenement at Beamont Hill in occupation of John Burdon (except rooms which were or had been part of old dwelling house) and the barn in occupation of John Burdon

Habendum:
- to (2), to the use of (2) for ever

Witnesses:
- William Harrison;
- John Collier junior;
- Lowson

by Lord Lonsdale who had received £613.13.0 from Matthew Culley, late of Beamont Hill, now of Denton, gentleman, the purchase money for an estate in Whessoe called Drink Fields which was held by lease for 21 years under Brasenose College, Oxford.

Parties:
(1) John Culley of Norton, late of Darlington, gentleman and Ann, his wife (formerly Ann Gates, widow);
(2) Robert Davison of Stockton on Tease , merchant (who survived Ralph Close late of Beamont Hill, yeoman);
(3) John Wardell of Ketton, gentleman;
(4) Isaac Wardell of Ketton, second son of (3);
(5) Bryan Harrison the elder of Balmstone, gentleman and Francis Lowson of Darlington, gentleman

Reciting:
- CC/Deeds 2/5;
- on making the purchase it was agreed between (1) and (3) that (3) and his tenants would enjoy the way from the farmhouse through the field in occupation of Ralph Close called Tuting Hill to the post lane leading from Durham to Darlington;
- counsel's opinion that it was unnecessary to surrender the whole estate at Beamont Hill to complete and ascertain rights of (1) and (3) to the estate and (1), by direction of Ann, his wife and of (2) with concurrence of (3) by surrender of even date surrendered estate at Beamont Hill to hands of the lord of the Manor of Darlington Bondgate described as house, barn and other edifices, Low Acre Close, High Acre Close, High Field Hill, Tothill, High Fatting Field, the Garths, Orchard Close, Peery Close, Mistress Field, Whinney Field, Hopes Close, Rough Close, Eddy Close, Chapman Field, High Lough Field, High Lough End, a close called Eight Acres and now divided into farms and called as in (a) and (b); admission of (5) with memorandum declaring that the surrender was in trust

Operative Part
- (3) paid £1,920 to (1) ;
- it was agreed that (a)-(b) were surrendered to (5) in trust for (4);

Property:
(a) dwelling house, barn and other edifices also the Green or Garths, High Field, Kill West Field, Pond Close, Orchard Close, Parcy Close, Mistress Field, Whinney Field, Hopes Close, Rough Close and Eddy Close in occupation of John Burdon;
(b) dwelling house, barn and other edifices also the Green or Garths, Low Acre Close, High ACre Close, High Lough Field, Tuting Hill, Fatting Field, Eddy Close, Chapman Field, High Lough End, Eight Acres and High Fatting Field in occupation of Ralph Close

Habendum:
- (a)-(b) and a way leading from the farmhouse in occupation of John Burdon through field called Tuting Hill to post lane leading from Durham to Darlington to the use of (3);
- High Lough Field, High Low End, Eight Acres and Eddy Close in trust for John Culley for his life, remainder for rents and profits to pay an annuit of £20 to Ann Culley for her life

Witnesses:
- Robert Pearson;
- John Collier junior;
- Matthew Wastell

- devising all copyhold real estate at Beamont Hill in occupation of Ralph Close and all real estate in Hurworth upon Tees to his grandsons John Harrison and Michael Harrison subject to payment of annuity of £20 to his wife Ann;
- devising and bequeathing his real and personal estate to his friend Robert Wastle of Darlington, grocer in trust for the testator's two grandsons;
- appointing Robert Wastle executor;
- witnesses Leonard Cade, George Bell and Andrew Robinson;
- declaring that his wife Ann was to have household goods and furniture which was hers before the marriage;
- attached probate of 29 November 1755

Parties:
(1) John Harrison of Bishop Auckland, surgeon and Michael Harrison of Stockton on Tees , grocer (grandchildren of John Culley of Hurworth upon Tees, gentleman, deceased and devisees of his will);
(2) Matthew Culley of Denton, gentleman and Michael Hodgshon of Field House, Darlington

Reciting:
- CC/Deeds 2/9;
- (1) wished to sever the joint tenancy and each take a half share;
- CC/Deeds 2/11

Operative Part
- that half the property would be held for John Harrison and half for Michael Harrison

Witnesses:
- Francis Lowson;
- William Hugall;
- D. Fowler

- Manor of Bondgate in Darlington;
- surrender by John Harrison, surgeon and Michael Harrison, grocer (two grandsons and devisees of John Culley, deceased) to Mathew Culley and Michael Hodgson, gentlemen of a dwelling house and barn and other edifices, The Green or The Garths, Low Acre Close, High Acre Close, High Loughfield, Tuthing Hill, Fatting Field, Eddy Close, Chapman's Field, High Loughend, Eight Acres and High Fatting Field in occupation of Ralph Close;
- memorandum that the surrender was to trustees as in CC/Deeds 2/10

- bequeathing 5 guineas to his grandmother Ann Culley;
- bequeathing £150 to his niece Ann, daughter of his brother William Harrison, when she became 24, remainder if she died before that, divided between the children of William Harrison when the youngest became 24;
- devising and bequeathing the residue of his real and personal estate to his brother John for ever, chargeable with payment of legacies, debts etc.;
- appointing John Harrison as sole executor;
- witnesses: Hannah Arundell; William Banks; Thomas Perkins;
- affixed probate at Durham 26 June 1756

- Manor of Bondgate in Darlington;
- memorandum of admission out of court at Darlington of Robert Wastell, gentleman (before Robert Allan, gentleman, deputy of David Hilton, steward), to dwelling house, barn and edifices, The Green or Garths, Low Acre Close, High Acre Close, High Loughfield, Tuthing Hill, Fatting Field, Eddy Close, Chapmans Field, High Loughend, Eight Acres and High fatting Field in occupation of Ralph Close, tenant farmer, (reciting CC/Deeds 2/8 and 2/10);
- memorandum that the lands surrendered to Robert Wastell were as trustee to uses appointed in CC/Deeds 2/8, then to uses of CC/Deeds 2/13 then to trust to secure payment by John Harrison to Robert Wastell of £1,100 and interest at 4.5%, remainder in trust for CC/Deeds 2/15;
- examined by Christopher Johnson, deputy clerk to the halmot court

- devising all his real estate at High Beamont Hill to his brother-in-law Thomas Burrell and his cousin Robert Wastell in trust from rents and profits or by mortgage or sale to pay his debts, funeral expenses etc which his personal estate was insufficient to discharge and to educate his son John Culley Harrison during his minority and to hold them in trust for his son when he became 21 when it should be surrendered and conveyed to him, remainder, if John Culley Harrison died under 21 without children, for division amongst children of testator's brother William Harrison as tenants in common;
- bequeathing residue of his personal estate to Thomas Burrell and Robert Wastell in trust for John Culley Harrison ;
- appointing Thomas Burrell and Robert Wastell as guardians of John Culley Harrison and as joint executors;
- witnesses: Robert Allan; Catherine Brown; Philip Macfarlan; James Allan;
- attached probate in Durham on 12 June 1764

- by William Norton the younger of Coatham Hallgarth, esquire to Robert Wastell of Darlington, gentleman and Thomas Burrell of Darlington, plumber and glazier in penal sum of £200 to secure repayment of £100 and interest at 4.5%;
- witnessed by George Allan and James Allan

- memorandum that at Sadberge and Whessoe Henry Wilkinson, esquire, steward gave leave to Thomas Burrell and Robert Wastell, devisees in trust of the will of John Harrison, surgeon, deceased, to demise all copyhold property in Coatham Mundeville, Brafferton, Sadberge and Whessoe to anyone who would take them for up to eleven years;
- examined by Thomas Hugall, deputy clerk of the halmot court

- reciting CC/Deeds 2/13;
- reciting CC/Deeds 2/15;
- Thomas Burrell and Robert Wastell took on executorship and trusteeship;
- Ann Harrison had married John Gibson and became 24 on 24 September 1773 when she became entitled to a legacy of £150;
- Thomas Burrell and Robert Wastell had paid £150 to John and Ann Gibson;
- John and Ann Gibson quitclaimed the legacy of £150 to Thomas Burrell and Robert Wastell;
- John and Ann Gibson quitclaimed to John Culley Harrison all interest in real estate of John and Michael Harrison, deceased;
- witnesses George Allan and James Allan

- Manor of Bondgate in Darlington, lord John Egerton Bishop of Durham;
- admission of James Allan of Darlington, gentleman and James Backhouse of Darlington, banker to dwellinghouse, barn and edifices, The Green or Garth, Low Acre Close, High Acre Close, High Lough Field, Futhing Hill, Fatting Field, Eddy Close, Chapman's Field, High Longhend, Eight Acres and High Fatting Field formerly in occupation of Ralph Close, now of Joseph Brown, farmer as in CC/Deeds 2/8;
- memorandum that the admission to James Allan and James Backhouse was as trustees for John Culley Harrison;
- examined by William Hugall, deputy clerk of the halmot court

- Manor of Bondgate in Darlington, lord John Egerton Bishop of Durham;
- admission of Robert Forster of Darlington, saddler and James Allan the younger of Darlington, gentleman out of court at Darlington before George Allan, gentleman, deputy of Henry Wilkinson, esquire, steward to dwellinghouse, barn and edifices, The Green or Garth, Low Acre Close, High Acre Close, High Lough Field, Futhing Hill, Fatting Field, Eddy Close, Chapman's Field, High Longhend, Eight Acres and High Fatting Field formerly in occupation of Ralph Close, now of Joseph Brown, farmer as in CC/Deeds 2/8;
- memorandum that the admission of Robert Forster and James Allan the younger was as trustees to raise £1,100 to pay to Thomas Burrell of Darlington, plumber and glazier on 9 January 1782 with interest at 4.5% in trust for uses under the will of John Culley Harrison
- examined by William Hugall, deputy clerk of the halmot court

- devising to his sister Frances his dwellinghouse in Blackwellgate, Darlington with all household furniture, plate and linen for her life, repairs and maintenance to be carried out at the expense of testator's nephew John Cully Harrison to whom the property should demise on the death of Frances Burrell;
- bequeathing £20 to his sister Frances;
- giving an annuity of £40 to his sister Frances for her life charged on his real estate in Darlington and his personal estate;
- devising and bequeathing residue of his real and personal estate to use of his nephew John Cully Harrison;
- nominating John Cully Harrison sole executor;
- witnesses James Colling Nicholson, R. M. Hutchinson and George Allan;
- probate of will of Thomas Burrell in Prerogative Court of York 14 September 1799

- devising his real estate in Darlington and Beaumomt Hill to his wife Dorothy;
- bequeathing all his personal estate to his wife Dorothy;
- charging real and personal estate with payment of debts and funeral expenses;
- appointing his wife Dorothy sole executrix;
- witnesses Henry Ornsby of Darlington, Francis Ellerton, Henry Alderson;
- probate in Prerogative Court of York 30 April 1800

Parties:
(1) Dorothy Harrison of Newton House near Bedale (Yorkshire), widow, relict, devisee, residuary legatee and sole executrix in the will of John Culley Harrison, esquire who was nephew and sole executor of Thomas Burrell of Darlington, plumber and glazier;
(2) Robert Forster of Darlington, saddler (who survived James Allan the younger);
(3) George Hindson of Ugthorp (Yorkshire), gentleman;
(4) Robert Christopher of Stockton, bookseller and William Wetherell of Stockton, merchant

Reciting:
- CC/Deeds 2/20;
- CC/Deeds 2/21;
- CC/Deeds 2/23;
- death of James Allan the younger meaning that (a) became vested in (2);
- (3), on application of (1), agreed to advance £2,000 to be applied in discharge of debts John Cullay Harrison

Operative Part
- (3) paid £2,000 to (1);
- (1), with assent of (3), agreed with (4) that (1) and (2) would surrender property in CC/Deeds 2/20 to the use of (4) in trust to mortgage or sell (a) to raise £2,000 and interest at 5% to repay (3)

Witnesses:
- Joseph Frank;
- Anthony Hubback;
- Samuel Forster

- surrender out of court (at Londonderry (Yorkshire) and Darlington before Joseph Frank, gentleman, deputy of George Brooks, esquire, steward) by Robert Christopher of Stockton, bookseller and William Wetherall of Stockton, merchant of dwellinghouse, barn and edifices, The Greens or Garths, Low Acre Close, High Acre Close, High Lough Field, Tuthing Hill, Fatting Field, Eddy Close, Chapman's Field, High Lough End, Eight Acres and High Fatting Field formerly in occupation of Ralph Close, then of Joseph Brown as farmer as in CC/Deeds 2/8, 2/10 and 2/20;
- to the use of Robert Christopher and William Wetherell;
- memorandum that Robert Christopher and William Wetherell were trustees to raise £2,000 with interest at 5% to pay to George Hindson of Ugthorp (Yorkshire), gentleman;
- examined by John Griffith, deputy clerk of the halmot courts

Parties:
(1) Dorothy Harrison of Newton House near Bedale (Yorkshire), widow and relict, devisee, residuary legatee and sole executrix of will of John Culley Harrison who was nephew and sole executor of Thomas Burrell of Darlington, plumber and glazier;
(2) George Hindson of Ugthorp (Yorkshire), gentleman;
(3) Robert Christopher of Stockton, bookseller and William Wetherell of Stockton, merchant;
(4) Charles Colling of Ketton, gentleman;
(5) Robert Sheraton of Beaumont Hill, gentleman;
(6) John Barker of Stockton, gentleman and John Russell Rowntree of Stockton, gentleman

Reciting:
- CC/Deeds 2/19;
- CC/Deeds 2/20;
- death of Thomas Burrell on 22 August 1799 and CC/Deeds 2/21;
- death of John Culley Harrison on 30 April 1800 and CC/Deeds 2/23;
- CC/Deeds 2/25;
- £2,000 remained owing to (2) but all interest had been paid;
- agreement of 18 July 1801 between (1) and (4) in which (1) agreed to surrender the copyhold property to (4) for £6,050;
- agreement of 15 March 1802 between (4) and (5) in which (4) covenanted to surrender the copyhold property to (5) for £150;
- (2) agreed lend £2,000 to (5) which was (2) was owed

Operative Part
- (5) paid £4,050 to (1) with consent of (2);
- at request of (5), (2) agreed for the £2,000 remained on mortgage;
- (5) paid £150 to (4);
- (1) by request of (4) covenanted that (1), (2) and (3) would surrender copyhold premises in CC/Deeds 2/19 and 2/26 to the use of (6)

Habendum:
- to (6) to raise £2,000 with interest at 5% to pay to (2) in satisfaction of the mortgage he had with (1) and continued to (5); in trust for (5)

Witnesses:
- Thomas Bowes;
- Joseph Frank;
- Robert Sheraton

- admission of John Barker of Stockton, gentleman and John Russell Rowntree of Stockton, gentleman (out of court at Darlington before Joseph Frank, gentleman, deputy to George Brooks, esquire, steward) of dwellinghouse , barn and edifices, The Greens of Garths, Low Acre Close, High Acre Close, High Lough Field, Tuthing Hill, Fatting Field, Eddy Close, Chapmans Field, High Lough End, Eight Acres and High Fatting Field formerly in occupation of Ralph Close, late Joseph Brown as farmer;
- to the use of John Barker and John Russell Rowntree;
- memorandum that John Barker and John Russell Rowntree acted as trustees to raise £2,000 with interest at 5% to pay to George Hindson;
- examined by John Griffith, deputy clerk of the halmot courts

- admission of Thomas Bowes of Darlington, gentleman and John Stamper of Brafferton, miller (out of court at Stockton before Joseph Frank , gentleman, deputy to George Brooks, esquire, steward) to dwelling house, barn and other edifices , The Greens or Garths, Low Acre Close, High Acre Close, High Loughfield, Tuthing Hill, Fatting Field, Eddy Close, Chapmans Field, High Loughend, Eight Acres and High Fatting Field formerly in occupation of Ralph Close, late Joseph Brownas farmer, now of Robert Sheraton as in CC/Deeds 2/8, 2/10, 2/19, 2/25 and 2/28;
- memorandum that the premises were surrendered to Thomas Bowes and John Stamper to the use of Robert Sheraton;
- examined by John Griffith, deputy clerk of the halmot courts

- admission of John Stamper of Newcastle upon Tyne (Northumberland), miller, eldest son of John Stamper late of Brafferton, miller, deceased who survived Thomas Bowes of Darlington, gentleman (out of court at Durham before John Griffith, gentleman, deputy of Hon. George Barrington, steward) to dwellinghouse, barn and other edifices, The Greens or Garths, Low Acre Close, High Acre Close, High Lough Field, Tuthing Hill, Fatting Field, Eddy Close, Chapmans Field, High Lough End, Eight Acres and High Fatting Field formerly in occupation of Ralph Close, late Joseph Brown as farmer, now of Robert Sheraton;
- examined by John Griffith, deputy clerk of the halmot courts;
- ¿This admittance is in trust for Mr Robert Sheraton¿.

Parties:
(1) Alexander Hall of Sheraton Hill Top, yeoman;
(2) Thomas Hall and Matthew Hall, both of Sheraton Hill Top, yeomen

Operative Part
- (1) paid £300 to (2) as trustees to place it out at interest and pay the interest to (1)'s daughter Jane, wife of Anthony Alderson of Ferryhill, yeoman

Witness:
- Robert Aiskell Davison

By Alexander Hall of Sheraton Hill Top, yeoman, gave to his children Thomas, William, Matthew, John and Mary all his horses, cattle, sheep, stock, crops, hay, corn, carts, ploughs and implements of husbandry and all personal estate equally between them; witnessed by Robert Aiskell Davison

- devising and bequeathing all his real and personal estate to his sons Thomas, William, Matthew and John and his daughter Mary subject to payment of debts and funeral expenses;
- appointing Thomas and Matthew Hall as executors;
- witnesses Robert Aiskell Davison and Anthony Stratford

- giving £19.19.0 each to his friends William Stow Stowell of Favordale, Darlington, esquire and Anthony Hall of Nest Field, Darlington, gentleman;
- bequeathing the residue of his personal estate to his wife Isabella, charged with payment of debts etc.;
- devising his estate called Drinkfield in Whessoe, Haughton le Skerne and the residue of its lease to friends William Stow Stowell and Anthony Hall in trust to use rents and profits to renew the lease and pay the residue to his wife Isabella for her life, then paying to his grandson Harry Sheraton, son of his late son William until they assign the lease to him;
- declaring that his personal estate was sufficient to pay all his debts and funeral expenses;
- devising his messuage at Haughton le Skerne formerly of Thomas Walker, now in occupation of Francis Craggs, to his faithful servant Elizabeth Auld for her life;
- devising his messuages in Haughton le Skerne formerly belonging to Thomas Walker (except the house devised to Elizabeth Auld) to William Stow Stowell and Anthony Hall in trust to keep in good repair and pay rents and profits to his daughter Ann, widow of his late son John Robinson Sheraton for her the length of the testator's wife; if Ann Sheraton died during the life of testator's wife, then to pay residue of rents and profits equally between the testator's grandchildren Margaret, wife of Thomas Robinson of Cockerton, esquire, Phoebe Ann and Isabella Sheraton, children of his late son John Robinson Sheraton and after the death of the testator's wife and subject to the estate of Elizabeth Auld, the trustees to hold the houses and pay rents and profits to Ann Sheraton for maintenance of the testator's granddaughter Isabella until she became twenty one , then in trust to pay an annuities of £7 to Ann Sheraton and £13 to Phoebe Ann Sheraton during the life of Ann Sheraton;
- William Stow Stowell and Anthony Hall to hold the property formerly of Thomas Walker in trust for Isabella Sheraton subject to the life interest of Elizabeth Auld and payment of the annuities;
- appointing all real estate in Haughton le Skerne in testator's occupation and formerly of Michael Hardcastle to the use of testator's wife for her life, remainder to William Stow Stowell and Anthony Hall in trust to receive rents and profits during the life of Elizabeth Auld to pay Elizabeth Auld an annuity of £10 for her life and to pay residue to Ann Sheraton for maintenance of her daughter Isabella until she became twenty one, then to pay the residue Isabella during the life of Elizabeth Auld, though if Elizabeth Auld died before Isabella became twenty one then in trust to pay to Ann for maintenance of Isabella until she became 21; remainder in trust to mortgage the property to raise £400 to pay to Phoebe Ann Sheraton on becoming twenty one, remainder to be held in trust for any children of Phoebe Ann Sheraton equally until they became twenty one, remainder to assure the property to Isabella Sheraton for ever subject to the mortgage; if Phoebe Ann Sheraton died before 21 without issue then the £400 should not be raised and the property assigned to Isabella Sheraton;
- devising property in Cockerton formerly of George Johnson (purchased by the testator and surrendered at his request in trust for his daughter-in-law Ann Sheraton), to Phoebe Ann Sheraton;
- willing that Ann Sheraton would not, on making disposition of her property amongst her three daughters, take into account property devised by the testator to Phoebe Ann Sheraton but give her an equal share with her two other daughters;
- willing that of Isabella Staughton died before age twenty one that her share be held in trust for her issue until they became twenty one, if she had no issue then to the use of the testator's granddaughters Margaret Robinson and Phoebe Ann Sheraton as tenants in common;
- devising his estate in Beaumond Hill, Whessoe to William Stow Stowell and Anthony Hall in trust from rents and profits to pay an annuity of £50 to Jane, widow of William Sheraton, paying the residue of the rents and profits to the testator's wife; if Jane died during the life of the testator's wife, then to pay the £50 annuity equally amongst the testator's grandchildren William Sheraton, Isabella Jane Sheraton, Margaret Sheraton, Richard Bowes Sheraton, John Robinson Sheraton, George Sheraton, Mary Sheraton, Anthony Thatcher Sheraton and Jane Stowell Sheraton, the nine children of the testator's dead son William and after the death of the testator's wife charging the estate with payment of an annuity of £10 to Elizabeth Auld;
- power for William Stow Stowell and Anthony Hall to raise money by mortgage or sale of parts of High Beaumont Hill for advancement of any of the children on William Sheraton (subject to the annuity of £10 to Elizabeth Auld) by advancing up to £500 to the five grandsons and £300 to the four granddaughters on marriage and having become twenty one; after the death of the testator's wife to pay rents and profits of High Beaumont Hill, except the £10 annuity to Elizabeth Auld, to Jane Sheraton for maintenance of herself and her children;
- nominating his wife Isabella sole executrix and residuary legatee;
- witnesses Thomas Bowes of Darlington, solicitor and Thomas B. Slater, his clerk

- admission of Thomas Hall of Sheraton Hill Top, farmer, out of court at Darlington before Henry Greenwell, gentleman, deputy of James Jell Chalk, esquire, steward, to land containing 169 acres, 10 perches called High Beaumonthill Farm, Whessoe in the Manor of Bondgate in Darlington with messuage, barn and farm buildings in occupation of John Atkinson bounded: N by lands of devisees of Forster, deceased called Coatham House, S partly by road from Burtreegate to Harrogate and called Coal Street and partly by field called The Garth; E by queen's highway from Darlington to Durham; W by lands of the devisees Forster, deceased - all comprised in CC/Deeds 2/29; which had been surrendered by John Stamper of Hartlepool, miller (eldest son and heir at law of John Stamper who survived Thomas Bowes ) and William Stow Stowell of Faverdale, Darlington, esquire and Anthony Hall of Nestfield, Darlington, gentleman (trustees as in CC/Deeds 2/34 which was proved on 3 April 1851) to the use of Thomas Hall;
- memorandum that the property was surrendered, half in trust for Matthew Hall of Sheraton, farmer and half in trust for John Hall of Sheraton, farmer who had purchased from William Stow Stowell and Anthony Hall for £7,987.10.0;
- examined by Joseph Davison, clerk of the halmot courts

Parties:
(1) William Stow Stowell of Favordale, Darlington, esquire and Anthony Hall of Nestfield, Darlington, gentleman;
(2) Jane Sheraton of Ellesmere (Shropshire), widow;
(3) John Stamper of West Hartlepool, miller;
(4) Elizabeth Auld of Haughton le Skerne, spinster;
(5) John Henry Garbutt of Darlington, mineral agent and Thomas Garbutt of Elton Cottage, Darlington, accountant;
(6) Matthew Hall of Sheraton, farmer and John Hall of Sheraton, farmer

Reciting:
- CC/Deeds 2/29;
- death of Thomas Bowes leaving John Stamper as surviving trustee;
- death of John Stamper leaving his eldest son, (3), as his heir at law;
- CC/Deeds 2/30;
- CC/Deeds 2/34;
- death of Robert Sheraton on 9 March 1851 and proof of his will at Durham by Isabella Sheraton on 3 April 1851;
- death of Isabella Sheraton on 14 March 1852;
- the annuity of £50 was paid was paid to (2) during the life of Isabella;
- the annuity of £10 was paid to (4) since the death of Isabella Sheraton;
- (1), with consent of (2), had agreed sale of (a) to (6) for £7,987.10.0;
- (4), at request of (1), consented to release (a) from the £10 annuity;
- (a) and The Garth were subject to payment of rent of £4.5.6 to lords of the Manor of Bondgate, Darlington and tithe rentcharge of £10 in lieu of small tithes;
- The Garth adjoining (a) to S had lately been sold to (5);
- it had bene agreed that (6) would pay £4 of the rentcharge and £9.16.0 of the tithe rentcharge, the residue being paid by (5)

Operative Part
- (6) paid £7,987.10.0 to (1);
- (1), with consent of (2) covenanted to surrender, along with (3), (a) to (6)

Property:
(a) property in CC/Deeds 2/29 (except The Garth) which now consisted of scheduled lands and formed a farm called High Beaumont Hill bounded N by devisees of Forster, deceased, called Coatham House, S partly by road from Burtreegate to Harrogate and called Coal Street and partly by field called The Garth; E by queen's highway from Darlington to Durham; W by lands of the devisees Forster, deceased

Habendum:
- half part of (a) to Matthew Hall and half part to John Hall

Operative Part
- (4), by direction of (1) and (2), discharged (6) and (a) from payment of £10 annuity

Schedule [as shown on the plan on the dorse]:
- North Acre Close - arable - 6 a[cres], 2 r[oods], 12 p[erches];
- piece of land - 8p;
- North West Acre Close - grass - 4a, 3r 37p;
- piece of land - 24p;
- Garth - grass - 2r, 36p;
- piece of land - 19p;
- piece of land - 38p;
- piece of land - 19p
- house and premises - 1 a, 6p;
- plantation- 1r, 30p;
- Orchard Field - grass - 9a, 2r, 38p;
- Half Acre Close - grass - 4a, 1r, 35p;
- South Acre Close - grass - 8a, 2r, 27p;
- plantation - 35p;
- plantation - 16p;
- West Tutin Hill - arable - 9a, 3r, 8p;
- East Tutin Hill - arable - 7a, 1r, 33p;
- plantation - 12p;
- plantation - 6p;
- plantation - 9p;
- Little Fatting Field - arable - 7a, 2r, 9p;
- West Fatting Field - arable - 6a, 2r, 28p;
- East Fatting Field - arable - 6a, 13p;
- Oulet Field - arable - 11a, 2r, 15p;
- West Lough Close - arable - 9a, 14p;
- East Lough Close - arable - 7a, 3r, 38p;
- Horse Pasture - grass - 10a, 11p;
- Horse Pasture Bank - grass - 9a, 2r, 10p;
- Rape Stubble - arable - 6a, 39p;
- Stell Field - arable - 10a, 1r, 15p;
- Thisley Field - arable - 14a, 3r, 28p;
- plantation - 19p;
- Chapman's Field - arable - 13a, 3r, 3p
Total - 169a, 10p

Witnesses:
- William Thompson, esquire of Newcastle upon Tyne (Northumberland);
- John Hodgson, solicitors' clerk of Darlington;
- Arthur Lucas of Darlington, solicitor;
- H. Gunnell of Durham, solicitor

Parties:
(1) William Stow Stowell of Favordale, Darlington, esquire and Anthony Hall of Nestfield, Darlington, gentleman;
(2) Jane Sheraton of Ellesmere (Shropshire), widow;
(3) Elizabeth Auld of Haughton le Skerne, spinster;
(4) Matthew Hall of Sheraton, farmer and John Hall of Sheraton, farmer;
(5) John Henry Garbutt of Darlington, mineral agent and Thomas Garbutt of Elton Cottage, Darlington, accountant

Reciting:
- CC/Deeds 2/29;
- death of Thomas Bowes leaving John Stamper as surviving trustee;
- death of John Stamper leaving his eldest son, (3), as his heir at law;
- CC/Deeds 2/30;
- CC/Deeds 2/34;
- death of Robert Sheraton on 9 March 1851 and proof of his will at Durham by Isabella Sheraton on 3 April 1851;
- death of Isabella Sheraton on 14 March 1852;
- the annuity of £50 was paid was paid to (2) during the life of Isabella;
- the annuity of £10 was paid to (4) since the death of Isabella Sheraton;
- (1), with consent of (2), had agreed sale of (a) to (5) for £280;
- (3), at request of (1) agreed to release (a) from payment of her annuity
- (a) and High Beaumont Hill, recently sold to (4), were subject to payment of rent of £4.5.6 to lords of the Manor of Bondgate, Darlington and tithe rentcharge of £10 in lieu of small tithes;
- it had been agreed that (5) would pay 5s 6d of the rentcharge and 4s of the tithe rentcharge, the residue being paid by (4);
- deeds specified in the schedule were to be given to (4) but also applied to (a)

Operative Part
- (5) paid £280 to (1);
- (3) paid 10 shillings to (5);
- (1), with consent of (2), conveyed (a) and (3) released and confirmed (a) to (5)

Property:
(a) close of land of 2 acres, 3 roods, 30 perches called The Garths in Haughton le Skerne in occupation of John Atkinson bounded N by High Beaumont Hill, S by premises forming part of Grey Horse Inn, Harrowgate, W by road leading from Burtreegate to Harrowgate called Coal Street, E by queen's highway from Darlington to Durham

Habendum:
- to (5) as tenants in common

Covenant:
- by (4) to deliver scheduled deeds to (5) on demand

Schedule:
- CC/Deeds 2/19;
- CC/Deeds 2/20;
- CC/Deeds 2/25;
- CC/Deeds 2/26;
- CC/Deeds 2/27;
- CC/Deeds 2/28;
- CC/Deeds 2/29;
- CC/Deeds 2/30

Witnesses:
- William Thompson of Newcastle upon Tyne (Northumberland), engineer;
- John Hodgson, clerk to Mewburn & Company of Darlington, solicitors

- of Thomas Hall of Sheraton Hill Top, farmer, on death of John Hall on 22 August 1864;
- moiety of copyhold farm containing 169 acres, 10 perches with dwellinghouse and farm buildings in Whessoe, held of the Manor of Bondgate in Darlington in occupation of John Atkinson at annual rent of £270

Parties:
(1) Thomas Billingham of Crookehall, esquire and Beatrix, his wife, Mathew Blythe of Eskrigg (Yorkshire), gentleman, James Blythe of Eskrigg, yeoman (second son of Mathew), Thomas Lovell the elder of Skelton (Yorkshire), esquire and Thomas Lovell the younger of Skelton, gentleman;
(2) Richard Harrison of Durham, tanner, Richard Hutchinson of Durham, gentleman and Thomas Dynnies of Buttercramb (Yorkshire), gentleman;
(3) Francis Darley of Buttercrambe, gentleman and Thomas Thomson of York, gentleman

Operative Part
- (2) paid £813 to Thomas Billingham, Mathew Blythe and James Blythe;
- (1) bargained and sold (a)-(k) to (2) and (3)

Property in the manor of Crookhall:
(a) close of meadow or pasture called Conduit heade in occupation of William Heighendon;
(b) close of pasture called Quarrie Close in occupation of Elizabeth Bellamy, widow;
(c) close of arable called Quarrie garth in occupation of John Gowland;
(d) close of arable called Island or Ealand Close in occupation of James Dobson;
(e) two closes of meadow or pasture called Two Shornesleys in occupation of Richard Harrison;
(f) close of pasture called Aykeley Heads in occupation of Ralphe Belley;
(g) close of pasture or arable called Foxe Earths in occupation of William Lee;
(h) close of arable or pasture called hither Rye feild adjoining Whainesleys in occupation of William Lee;
(i) close of meadow or pasture called Farr Rye feild in occupation of Ralph Belley;
(j) close of pasture called Wheatleys or Westleys in occupation of Jerrard Welbury;
(k) close of meadow or pasture called high feild in occupation of Jerrard Welbury and Timothy Stott

Habendum:
- (a)-(i) to (2) and (3), to the use of (2) for ever;
- (j)-(k) to (2) and (3), to the use of (3) for ever
- that nevertheless (3) would suffer Thomas Billingham to enjoy (j)-(k) and take rents and profits until eviction of (2) from (a)-(i) by (1) or by anyone claiming under leases of Cuthbert, father of Thomas Billingham or Francis, father of Cuthbert Billingham as in leases by Cuthbert Billingham to William Heighington of (a) for 2s 6d rent and lease from Cuthbert Billingham to George Walton of (c) and (d) and of liberty of inhabitants of Durham to carry water from (a) to the city and when (2) were evicted from (a)-(i) by (1) then (3) would allow (2) to receive rents ad profits of (j)-(k) until satisfied from the rents or by Thomas Billingham for any loss

Covenant by (2) to allow Thomas Billingham to remove stone from (a) for Crook Hall and/or mill adjoining

Mathew Blythe signed by mark

Indorsed with agreement between Thomas Billingham, Mathew Blythe and Clement Reed that (a)-(i) should bear a fourth part of charge being a fourth part of Crookehall Lopp

Witnesses:
- James Reed;
- Thomas Reed;
- John Stephenson;
- Thomas Lazenby;
- Robert Todd;
- James Banches;
- John Hartley;
- J. Gaynes;
- Thomas Mascall

In which Richard Harrison, Richard Hutchinson, gentleman, Thomas Dynnis, gentleman, Francis Darley, gentleman and Thomas Thompson, gentleman were plaintiffs and Thomas Billingham, esquire and Beatrix, his wife, Mathew Blith and Mary, his wife, James Blith, Thomas Lovell, esquire and Thomas Lovell, gentleman were deforciants of fifty acres of land, sixty acres of meadow and fifty acres of pasture with appurtenances in Crookhall

Agreement 27 August 1652
By Richard Harrison of Durham, tanner, Richard Hutchinson of Durham, gentleman, Thomas Dynnis of Buttercrambe (Yorkshire), gentleman, Francis Darley of Buttercrambe, gentleman and Thomas Thompson of York, gentleman;
- reciting CC/Deeds 3/1;
- agreement between the parties that CC/Deeds 3/1 and its effects were in trust to the use of Clement Reed of Buttercrambe, gentleman for ever with agreement by the parties to deliver deeds to Clement Reed;
- witnesses: Thomas Mascall; John Stephenson; Francis Whelewright; Robert Wall; John Brown; Richard Hutchinson; Christopher Dynnis

- in which Mathew Hearson and John Stephenson were demandants and Richard Harrison, Richard Hutchinson, gentleman, Thomas Dynnis, gentleman, Francis Darley, gentleman and Thomas Thompson, gentleman were deforciants of fifty acres of land, sixty acres of meadow and fifty acres of pasture in Crookehall with appurtenances

By Richard Harrison of Durham, tanner, Richard Hutchinson of Durham, gentleman, Thomas Dynis of Buttercrambe (Yorkshire), gentleman, Francis Darley of Buttercrambe, gentleman and Thomas Thompson of York, gentleman;
- reciting CC/Deeds 3/1;
- agreement between the parties that CC/Deeds 3/1 and its effects were in trust to the use of Clement Reed of Buttercrambe, gentleman for ever with agreement by the parties to deliver deeds to Clement Reed;
- witnesses: Thomas Mascall; John Stephenson; Francis Welewright; Robert Wall; Christopher Dynnis; John Brown; Richard Hitchinson

- desiring to be buried in Buttercrambe church;
- devising to his wife, as dower and thirds, his house and garden in Durham near Framwellgate Bridge with property in Yorkshire provided for her in the declaration of trust withhis brother-in-law Abraham Mastan;
- bequeathing to his wife his silver watch and case and his brown saddle mare called Kattee and any other house; with which he expected her to be content and not expect her thirds from property intended for his sons ¿these being of more value than her Thirds and a good means in my Judgement to keep peace and quiet betwixt her and my Children which has always been my desire and is still¿;
- devising to his son William and son Clement ¿my Grandchild and Godson¿ 8 acres of meadow in Burton feilds
- devising to any second son of William two lands in Bolton bought from William Cade, if he had no second son, then devising the two lands to William;
- devising to his second son Clement all houses, shops, stables, chambers, barns and outhouses in York and Malton and his houses, lands and tenements in Youlthrope (Yorkshire) settled on his son William at his marriage, all houses, lands and tenements in Sandhutton (Yorkshire), settled on him in a declaration of trust by testator's brother Mascall, and tithes of corn and hay, wool and lamb in the Lordship of Belthrope in Bishop Wilton (Yorkshire);
- bequeathing to his son Clement £15 per annum out of the rentcharge of £50 per annum out of the Lordship of Skirringham;
- devising to his third son Richard the house in Durham devised to his mother for her life with all other property and rents in Durham and Lordship of Crookehall;
- bequeathing annuity of £10 per annum to his son tic, part of the £50 rentcharge;
- devising to his fourth son Edward the mortgage interest form a farm the testator lived in along with all other real estate in Buttercrambe, Aldby (Yorkshire) and Holgate Sutton (Yorkshire) and all property in Sandhutton assigned to him in declaration with testator's brother Mascall;
- bequeathing to Edward remainder of the rentcharge out of George Wilkinson's lands in Stockton;
- bequeathing a £15 annuity to his grandson Thomas Binlowes for life out of the £50 rentcharge, reversion to Richard Read;
- bequeathing a £10 annuity to his granddaughter Katharine Binlowes for life out of the £50 rentcharge, reversion to Richard Read;
- declaring that if Mr. Darley wished to redeem the £50 rentcharge and mortgage of the Buttercrambe farm that his sons should willingly resign the same;
- bequeathing to his son-in-law Richard Dennis the remainder of the portion and sums agreed with him and his father in agreement of 13 October 1666 ¿and ten pounds apiece to my said son and daughter if they be living at my death and if not then ten pounds to whether of them shall be then living¿;
- bequeathing £400 to his daughter Elizabeth as her portion and as a legacy a 22 shilling piece of gold;
- bequeathing to his son Edward all his wains, ploughs, yokes and teams with plough and wain gears and all ¿helmes, standhetks, stees, stackbarrs and tutt wood both in the garths and before my dore¿;
- bequeathing to his sister Isabell Algood of Newcastle (Northumberland) £6 per annum for her life;
- bequeathing bonds for £15 owed him by his brother-in-law Algood to his cousin Jaine Nicholson's children equally;
- bequeathing to his cousin Hunter's children ¿of the sheeles¿ 20 shillings each;
- bequeathing to his cousin Stephenson's children John, Mary and Isabell 40 shillings each;
- bequeathing to his cousin Stephenson and his Godson Clement Stephenson for their lives the house and close in Sandhutton as in the declaration of trust ;
- bequeathing to his Godson William Cordup 40 shillings;
- bequeathing to every other child of his cousin Jaine Cordup 20 shillings each;
- bequeathing to his cousin Thomas Denis' two sons 10 shillings each;
- bequeathing to his cousin John Denis' children 5 shillings each;
- bequeathing to his cousin Elizabeth Guile 20 shillings ¿out of the debt her husband owes me¿;
- bequeathing to his cousin Michael Goodyeare's children 5 shillings each ¿out of the debt their mother owes me¿;
- bequeathing to his nephew Thomas Read (his oldest brother's son) £5 and his brother Francis a twenty shillings piece of gold;
- bequeathing to his cousins Thomas Lockwood and Hester Lockwood 10 shilling each;
- bequeathing to his cousin Francis Carretke the debt he owed to the testator;
- bequeathing to his Godson Robert Nesse 20 shillings;
- bequeathing to his brother Mascall's and brother Hutchinson's children 10 shillings each;
- bequeathing to William Dawson 10 shillings;
- forgiving Duke Beale 10 shillings of debt owed to the testator;
- bequeathing to his servant John Harrison 40 shillings;
- bequeathing to all his other servants 5 shillings each;
- bequeathing to Richard Colthurst, Nicholas Hewitson, John Halesey and Margaret Turnerwhatever they owed him at his death;
- forgiving 10 shillings debt to George Avison;
- bequeathing to his Godson William Waineman 20 shillings and to Clem Waineman 5 shillings;
- bequeathing to his friends Talbot Ashburne a ten shilling piece of gold and Peter Holland half a crown;
- bequeathing to the use of the poor of Buttercrambe and Aldby £5;
- bequeathing to the use of the poor of Heddon on the Wall (Northumberland) ¿in which parish I was born¿ £15 for stocks for ever;
- appointing his sons William, Clement, Richard and Edward as joint executors;
- desiring all his sons to be peaceful with each other and with their mother and all men;
- desiring his cousin Stephenson to sort and divide all the testator's writings and evidences and apportion them to his sons;
- desiring that Francis Darley, Francis Elcocke, his brother Mascall, Richard Hutchinson, his father Harrison, and cousin John Stephenson to enter any conveyance or assurance by direction of his children;
- appointing that all bills, bonds, judgements and other securities should be deemed part of his personal estate belonging to his executors;
- appointing that trustees had no right other than securities taken in the names of his grandchildren Katherine and Thomas Binlowes which they should have to their own uses and hoping their uncles and aunts, with his wife ¿will ne loving and kind to them¿;
- appointing that the lease to him from Mr Darley of the tithes of Bolton and Belthrope should be cancelled;
- directing his executors to give to his daughter-in-law Sarah and his daughters Mary and Elizabeth and his brother Mascall and his wife , his brother William Harrison, his brother Hutchinson and his wife, his cousin Nesse and his wife, his cousin Stephenson and his wife, his cousin Cordup and his wife, Francis Elcocke and his wife and his wife a gold ring with a death's head with the inscription ¿Morieris¿;
- witnesses: William Harrison; Edward Wainman; Richard Hutchinson
- memorandum of 7 January 1667 [1668] also appointing his son-in-law Richard Dennis as an executor;
- attached probate at York of 21 January 1667 [1668]

- bequeathing £200 each to his daughters Frances and Margaret and £250 to his son Ralph;
- devising his real estate in the city of Durham and bequeathing his personal estate to his eldest son Clement subject to payment of the legacies;
- appointing his son Clement sole executor;
- appointing that all his household goods be divided equally between Frances, Margaret and Ralph;
- witnesses: Thomas Thomson; John Yewthorp and John Galtrese [by mark];
- attached probate at York 14 September 1706

Parties:
(1) Clement Read of York, goldsmith;
(2) George Dixon of Durham, gentleman

Reciting:
- (a) and (2) had agreed sale of (a)-(b) for £1,700 (£1,000 to be paid on conveyance then the further £700 on 1 May 1707 with interest at 5%)

Operative Part
- (1) covenanted to convey (a)-(b) to (2) on 1 November 1706;
- (2) agreed to pay £1,000 to (1) at the house of Jane Grimston in Northallerton (Yorkshire) then the further £700 on 1 May 1707 with interest at 5%

Property:
(a) two messuages, burgages or tenements with outhouses, shops, stables etc in Cross Row at the High or Upper End of Framwellgate in occupation of Hugh Huntly, tanner;
(b) closes in the Constablery of Framwellgate called: Conduit Heads; the Quarry Close; The Island Close; Whanesly, Sheffeilds Close, Harrisons Two Closes, The Fox holes alias Fox Earths and the Akely heads

Witnesses:
- Robert Hotham;
- Jacob Coslobadie;
- Darcy Preston

Parties:
(1) Clement Read of York, goldsmith (eldest son and heir and devisee of Richard Read of Flaxton (Yorkshire), gentleman, deceased who was son and devisee of Clement Read of Buttercrambe (Yorkshire), gentleman, deceased);
(2) Stephen Browne of York, barbers chyrurgeon and Frances, his wife (a daughter and legatee of Richard Read), Robert Driffeild of Elswick, yeoman and Margaret, his wife (another daughter and legatee of Richard Read) and Ralph Read of Barnby (Yorkshire), gentleman (younger son and legatee of Richard Read);
(3) Jane Ware of Newcastle upon Tyne (Northumberland), widow (sole surviving daughter and heir of Christopher Hutchinson of Newcastle upon Tyne, merchant, deceased, eldest son and heir at law of Richard Hutchinson of Durham, gentleman, deceased, who survived Richard Harrison of Durham, tanner and Thomas Dennis of Buttercrambe, gentleman, joint trustees of Clement Read who purchased from Thomas Billingham of Crookhall, esquire);
(4) George Dixon of Durham, gentleman

Operative Part
- (4) paid £1,700.10.0 to (1);
- (4) paid £682.10.0 to (2) by nomination of (1) (as discharge of legacies in the will of Richard Read, deceased)
- (4) paid 5 shillings to (3);
- (1)-(3) released (a)-(i) to (4)

Property, part of the Manor of Crookhall:
(a) Conduit Heads alias Framwell Meadow formerly in occupation of William Heighington, now dead, now in occupation of Hugh Huntly, tanner;
(b) close called Quarry Close formerly in occupation of Elizabeth Bellamy, widow, now in occupation of Hugh Huntly;
(c) close called Quarry Garth formerly in occupation of John Gowland, now of Hugh Huntly;
(d) close called Island alias Ealand Close formerly in occupation of James Dobson, now of Hugh Huntly;
(e) closes called Two Whaneslys formerly in occupation of Richard Harrison, now of George Sheffeild and Edward Nicholson, tanners;
(f) close called Akeley Heads formerly in one close and formerly in occupation of Ralph Belley, now divided into several closes in occupation of Robert Reed, tanner;
(g) close called Fox Earths formerly in occupation of William Lee now Robert Salkeld;
(h) close called Hither Rye feild adjoining Whanesleys, formerly in one close formerly in occupation of William Lee now divided into two closes in occupation of George Harrison, tanner;
(i) close called Farr Rye feild formerly in occupation of Ralph Belley, now of Robert Reed

Habendum:
- to (4) for ever

Witnesses:
- Darcy Preston;
- Robert Reed junior;
- Nat Hargrave

from George Dixon of Durham, gentleman to Jane Ward of Newcastle upon Tyne (Northumberland), widow in penal sum of £3,000; reciting CC/Deeds 3/9 and 10 and indemnifying her against any costs, charges, expenses, damages, troubles and incumbrances; witnessed by Nath Hargrave and Robert Reed

Parties:
(1) Mary Bainbridge of city of Durham, spinster (a younger child of Ralph Bainbridge of Durham, alderman, deceased);
(2) Thomas Westgarth of Durham, merchant

Reciting:
- Ralph Bainbridge died in possession of (a), part of the Lordship of Crookhall and in his will of 21 February 1724 had devised it to Ralph his son, now also dead, charged with payment of £100 each to his younger children William, Thomas, Jonathan, George and (1) when they became 21 with interest beginning on the day of his death, to be paid by Elizabeth, his wife, but in case she died before then he willed that his son Ralph should enter into possession and act in place of the testator's wife and that if any of his children died their share should be divided between their surviving siblings;
- death of Ralph Bainbridge the testator and agreement between (2) and Ralph Bainbridge the testator's son and Elizabeth, the testator's widow for purchase of (a) for £730; before this agreement William Bainbridge had become 21 but Thomas, Jonathan, George and (1) had not; so (2) out of the purchase money paid £230 to Ralph Bainbridge, £100 to William Bainbridge, the residue of £400 being left in the hands of (2) to be paid to the infant children with interest;
- Ralph Bainbridge the son, Elizabeth and William Bainbridge by lease and release of 1-2 May 1729 conveyed (a) to (2);
- agreement of 2 May 1729 between (2) and Ralph Bainbridge the son, Elizabeth, Thomas, Jonathan, George and (1) in which (2) agreed to pay £100 each to Thomas, Jonathan, George and (1) when each became 21 and meanwhile pay 5% interest to Elizabeth Bainbridge, remainder to Ralph Bainbridge; also agreed that (2) should hold (a) and take rents and profits;
- on (1) becoming 21 (2) had paid her £100

Operative Part
- (1) released her right of and in (a) to (2)

Property:
(a) closes called Fox Earths and the two Rye Closes

Witnesses:
- William Hutchinson;
- Thomas Bainbridge

at Durham in which Thomas Westgarth was querant and Ralph Bainbridge and Elizabeth Bainbridge, widow, his mother, were deforciants, of one messuage, fifty acres of land, fifty acres of meadow and fifty acres of pasture and common of pasture for all animals [averiis] with appurtenances in Crookhall

Parties:
(1) George Bainbridge of city of Durham, apothecary (a younger child of Ralph Bainbridge of Durham, alderman, deceased);
(2) Thomas Westgarth of Framwellgate , merchant

Reciting:
- Ralph Bainbridge died in possession of (a), part of the Lordship of Crookhall and in his will of 21 February 1724 had devised it to Ralph his son, now also dead, charged with payment of £100 each to his younger children William, Thomas, Jonathan, Mary and (1) when they became 21 with interest beginning on the day of his death, to be paid by Elizabeth, his wife, but in case she died before then he willed that his son Ralph should enter into possession and act in place of the testator's wife and that if any of his children died their share should be divided between their surviving siblings;
- death of Ralph Bainbridge the testator and agreement between (2) and Ralph Bainbridge the testator's son and Elizabeth, the testator's widow for purchase of (a) for £730; before this agreement William Bainbridge had become 21 but Thomas, Jonathan, George, Mary and (1) had not; so (2) out of the purchase money paid £230 to Ralph Bainbridge, £100 to William Bainbridge, the residue of £400 being left in the hands of (2) to be paid to the infant children with interest;
- Ralph Bainbridge the son, Elizabeth and William Bainbridge by lease and release of 1-2 May 1729 conveyed (a) to (2);
- agreement of 2 May 1729 between (2) and Ralph Bainbridge the son, Elizabeth, Thomas, Jonathan, Mary and (1) in which (2) agreed to pay £100 each to Thomas, Jonathan, George and (1) when each became 21 and meanwhile pay 5% interest to Elizabeth Bainbridge, remainder to Ralph Bainbridge; also agreed that (2) should hold (a) and take rents and profits;
- on (1) becoming 21 (2) had paid him £100

Operative Part
- (1) released his right of and in (a) to (2)

Property:
(a) closes called Fox Earths and the two Rye Closes

Witnesses:
- William Hutchinson;
- William Beilby

Parties:
(1) George Dixon of city of Durham, gentleman and John Dixon of Durham, gentleman;
(2) Thomas Westgarth of Durham, merchant

Reciting:
- (a) and (2) had agreed sale and purchase of (a), part of the Manor of Crookhall

Operative Part
- (2) and Hester, his wife, before 25 March 1737, would convey (a) to (1);
- (1) before 25 March 1737 would pay £300 to (2) and £100 to Elizabeth, widow of George Bainbridge, apothecary ;
- (1) before 25 March 1737 would by bond secure to (2) payment of a further sum of £400 and interest within twelve months;
- (2), after 25 March 1737 with three months' notice given by (1), would accept all or part of the £400 and interest;
- on making the conveyance (2) would deliver deeds to (1);
- that (2) would receive rents in arrear until 25 March 1737, then (1) would be in receipt

Property:
(a) Rye Feild in occupation of (2)
(b) The Fox Earths in occupation of (2)

Witnesses:
- William Hutchinson;
- George Black

Parties:
(1) Thomas Westgarth, late of Durham, now of Framwellgate, merchant and Esther, his wife;
(2) George Dixon of Durham, gentleman and John Dixon of Durham, gentleman

Operative Part
- (2) paid £900 to (1);
- (1) released two closes in the Lordship of Crookhall containing a fourth part of the lordship purchased by Clement Reed later of Buttercrambe (Yorkshire), gentleman from Thomas Billingham, esquire, afterwards purchased by George Dixon from Clement Reed of York, goldsmith, grandson of Clement Reed to (2) forming (a)-(b)

Property:
(a) close of ground called Fox Earths now divided, formerly in occupation of William Lee, then of Robert Salkeld and piece of land called Hither Rye field adjoining a close called Upper Whanesly and which was formerly one close in occupation of William lee but now divided into two closes late in occupation of George Harrison, tanner;
(b) piece of ground, part of Upper Whansly close now divided from the close at its lower end for a passage to and from (a)

Habendum:
- to (2), to the use of (2) for ever subject to payment of fourth part of all taxes, tithes, rents etc. payable out of the Manor of Crookhall

Witnesses:
- William Hutchinson;
- Edward Goddard

at Durham in which George Dixon and John Dixon, gentlemen were plaintiffs and Thomas Westgarth and Esther, his wife were deforciants of one messuage, one cottage, fifteen acres of land, fifteen acres of meadow and fifteen acres of pasture and common of pasture for all manner of cattle with appurtenances in Crookhall in Durham, St Oswald

(I) CC/Deeds 3/1

(II) CC/Deeds 3/3

(III) CC/Deeds 3/6

(IV) CC/Deeds 3/4

(V) CC/Deeds 3/2

(VI) fine of 29 November 1651 in which George Dixon, gentleman was plaintiff, Clement Reed, Hopton Brown and Frances, his wife, Robert Driffield and Margaret, his wife, Richard Reed, gentleman, and his wife were deforciants

(VII) Lease and release of 13 November 1706 of part of Crookhall Estate purchased by George Dixon

(VIII) Lease and release of 14-15 November 1706 from George Dixon to Mr Bainbridge for £359

(IX) Bond of 15 November 1706 from Dixon to Bainbridge

(X) Will of Thomas Bainbridge of 21 February 1724 [1725]

(XI) Lease and release of 1 and 2 May 1729

(XII) Agreement of 2 May 1729

(XIII) Counterpart of agreement of 2 May 1729

(XIV) Release of a legacy of 6 October 1730

(XV) Release of a legacy of 7 June 1731

(XVI) CC/Deeds 3/12

(XVII) CC/Deeds 3/17

(XVIII) CC/Deeds 3/18

- devising to Sarah, his wife, for her life, his several messuages of dwellinghouses, burgages and tenements , two stables and coachhouse and two gardens, one called Owen gate garden ad all laying in Owengate alias Hovinsgate with two pews in the church, partly in his own possession and the rest in occupation of Isaac Knight, Joseph Grey, Sawford Hutchinson and James Mason and which he had purchased partly from John Raw alias Row, esquire and Robert Smith, gentleman and partly from Mary Midforth, spinster and John Raw alias Row in the name of John Teasdale, butcher in trust; also all his real estate, part of the Manor of Crookhall in the Constabulary of Framwelgate partly in his own possession formerly purchased from Clement Read of York, goldsmith and others; also a new built house and copyhold ground on which it stands in Durham Moor lying within the Manor of Chester in the Street in his own possession and lately surrendered to John Mowbray, gentleman, deceased to the uses of his will; also all real estate in Durham in the parishes of St Oswald, Chester Church, Merrington and Ryton;
- devising, after his wife's death, to his son John for ever subject to a legacy to be paid to Tabitha Dixon;
- directing an inventory to be taken by his wife and son of debts and sums of money due to him as well as plate, linen, furniture, household or other goods and chattels and all personal estate;
- bequeathing to his wife all household goods and chattels and custody of securities and interest for her life, remainder to his son John subject to legacy to be paid to his sister;
- bequeathing £800 to his daughter Tabitha after the death of his wife;
- authorising his wife to pay part of Tabitha's legacy before his wife's death;
- authorising his wife to give to Tabitha part of his plate and linen;
- appointing his wife and son as joint executors;
- witnesses: Robert Hilton; Salkeld Hutchinson; George Black

- £150 from John Dixon for half year's annuity of £300 per annum 7 December 1759;
- £150 from John Dixon for half year's annuity of £300 per annum 14 April 1760;
- £150 from John Dixon for half year's annuity of £300 per annum 20 October 1760;
- £150 from John Dixon for half year's annuity of £300 per annum 5 May 1761

- will of 11 December 1633 of Barnaby Hutchinson of Durham, gentleman giving a 20s. annuity to the poor of North and South Bailey, Durham;
- parish accounts of South Bailey show that 6s. 8d. (part of Barnaby Hutchinson's devise of 20s.) was regularly received by the overseers of the poor of St Mary the Less until 1750 when John Dixon paid but had never paid since giving an arrear for 29 years of £9.13.4

'I have carefully perused Mr Johnson's Letter of the 10th instant to you, and the Abstract of the Surrender 27 Feb 11 Geo I. This Letter of Nr Johnson's does contain a sufficient answer to the several matters, mentioned in my Opinion upon the Abstract of the Title, with respect to which it appeared to me necessaey for a Mortgagee to be satisfied. And if the intended mortgagee is satisfied, as I am (from the Allegation of Mr Johnson) that there was no kind of settlement made upon his marriage, I see no objection to the mortgage being carried into Execution'.

Parties:
(1) Ralph Younge of Crossgate, mason and Barbara, his wife (late Barbara Smyth of Elvett, spinster);
(2) Clement Reed of Buttercrambe (Yorkshire), gentleman and Barbara, his wife and Richard Reed, their son

Reciting:
- lease of forty years of (a)-(b) by dean and chapter of Durham of 29 April 1662 to Barbara Smyth at annual rent of 22 shillings;
- lease of (b) to Barbara Smyth in trust for (2)

Operative Part
- (1), in pursuance of the trust and for 40 shillings paid by (2), assigned (b) to (2)

Property:
(a) messuage, tenement or burgage in Sidegate, Chester Ward adjoining the suburbs of Durham at Framwellgate head abutting on king's high street S and ground of Crookhall W, N and E with a brew lead and steep lead, kiln house, bark house and one little close or croft of 1 acre adjoining on N side of the tenement, formerly in occupation of Hugh Hutcheson, deceased (woods, mines and quarry within the little close excepted)
(b) lease of house and garth adjoining (a) called the little house and garth in occupation of Isabell Harrison, widow and Christofer Robson
Habendum:

Habendum:
- to (2) for residue of 40 years paying an annual rent of 2 shillings

Barbara Younge signed by mark

Witnesses:
- James Cholmeley;
- Richard Ellis;
- William Harrison

- reciting lease in CC/Deeds 4/1;
- giving to Barbary Smith full power and license to alien, sell, assign or dispose of the premises to Cleament Read of Buttercrambe (Yorkshire), gentleman, Barbary, his wife and Richard, his son or anyone else

Parties:
(1) Ralph Young of Sidgate, mason and Barbara, his wife;
(2) Richard Reed of York (Yorkshire), gentleman

Reciting:
- CC/Deeds 4/1

Operative Part
- (1) assigned the lease of (a) for £61.16.8

Property:
(a) messuage, tenement or burgage in Sidegate, Chester Ward adjoining the suburbs of Durham at Framwellgate head abutting on king's high street S and ground of Crookhall W, N and E with a brew lead and steep lead, kiln house, bark house and one little close or croft of 1 acre adjoining on N side of the tenement, formerly in occupation of Hugh Hutcheson, deceased (woods, mill and quarry within the little close excepted)

Habendum:
- to (2) for residue of 40 years paying a rent to the dean and chapter

Barbara Young signed by mark

Witnesses:
- James Cholmeley;
- Thomas Mascall;
- Cuthbert Hardon;
- William Harrison;
- Thomas Mascall junior;
- Richard Mascall

Parties:
(1) Dean and chapter of Durham;
(2) Richard Reed of Buttercram (Yorkshire), gentleman

Operative Part
- (1) leased (a) to (2)

Property:
(a) messuage, burgage and tenement in Side Gate in Chester Ward adjoining the suburbs of Durham at Framwelgate head abutting king's street S and the grounds of Crookhall W, N, E with a brew lead, steep lead, kiln house and bark house and a little close or croft of 1 acre adjoining N, formerly in occupation of Hugh Hutchinson, deceased (woods, mines and quarries within the close excepted)

Habendum:
- to (2) for 40 years at a rent of 22 shillings payable at the cathedral ¿at their new exchequer over the East Gate¿

Surety by Clement Reed of York (Yorkshire), goldsmith and Thomas Reed of York, goldsmith

Parties:
(1) Clement Read of York (Yorkshire), goldsmith (eldest son, heir, devisee, legatee and executor of Richard Read of Flaxton (Yorkshire), gentleman;
(2) George Dixon of Durham, gentleman

Reciting:
- CC/Deeds 4/4

Operative Part
- (1) assigned the lease of (a) to (2) for considerations in CC/Deeds 13/10

Property:
(a) messuage, burgage and tenement and close at Sitgate in Chester Ward abutting the high street of Framwelgate S and Crookhall W, N, E

Habendum:
- to (2) for residue of term of 40 years

Witnesses:
- Darcy Preston;
- Robert Reed junior

By Jacob Read Shaw for £24.18.8 received from George Dixon as out rent of house and garth in Framwellgate due to the dean and chapter of Durham; witnessed by John Dixon

From George Dixon to Jacob Read Shaw for £9.12.0, witnessed by John Dixon; endorsed with part repayment of £6.12.6 on 17 July 1736 and of £3 on 21 August 1736

(I) CC/Deeds 4/1

(II) CC/Deeds 4/2

(III) CC/Deeds 4/3

(IV) CC/Deeds 4/4

(V) CC/Deeds 4/5

(VI) lease from dean and chapter to John Dixon for 40 years 13 March 1735 [1736]

(VII) lease from dean and chapter to Francis Johnson for 40 years 24 March 1764

Parties:
(1) Thomas Thomson of York (Yorkshire), gentleman (son and heir of Thomas Thomson of York, gentleman deceased), Richard Reed of Flaxton of York, gentleman and Clement Read of York, goldsmith (son and heir apparent of Richard Read);
(2) Dame Ursula Bourchier of York, widow and William Stainforth DD of York

Operative Part
- (2) paid 5 shillings Thomas Thomson;
- Dame Ursula Bourchier paid £250 to Richard Reed and Clement Reed;
- William Stainforth paid £250 to Richard Reed and Clement Reed;
- (1) demised (a)-(c) to (2)

Property - closes in the Manor of Crookhall:
(a) Conduit Head in occupation of Hugh Huntley and farmed from Richard Read at rent of £18;
(b) Aikley heads in occupation of Thomas Harryson farmed of Richard Read at rent of £22;
(c) close called Ryefeild in occupation of George Harryson farmed of Richard Reed at rent of £9

Habendum:
- to (2) for 900 years with proviso for redemption on payment of £500 by Richard and Clement Reed at Haxby alias Haxey tomb in York Minster [north aisle of the north transept] with interest at 5%

Covenant
- by Richard and Clement Read to levy a fine sur cognizance de droit come ceo etc to (2)

Witnesses:
- Mary Lerning;
- John Folkingam

By Richard Read of Flaxton (Yorkshire) and Clement Read of York (Yorkshire), goldsmith to Dame Ursula Bourchier of York, widow and William Stainforth of York DD to secure repayment of mortgage at CC/Deeds 5/1 witnessed by Mary Lerning, John Folkingam and Darcy Preston

By Dame Ursula Bourchier, widow, reciting CC/Deeds 5/1 and reciting payment to her of £250 by William Stainforth and assigning her share in the mortgaged premises to William Stainforth; witnessed by John Stainforth and Thomas Thomson

Parties:
(1) Richard Read of Flaxton (Yorkshire), gentleman and Clement Read of York (Yorkshire), goldsmith (son and heir of Richard);
(2) William Stainforth DD of York

Reciting:
- CC/Deeds 5/1;
- (2) had given a further £150 to (1)

Operative Part
- (1) covenanted to repay (2) with interest at 5%

Witnesses:
- Mary Crofts;
- Francis Hutchinson

' I received your last and have since seen Mr Read & spoke to him about delivering in the Articles of your purchase; which he seems rather willing to retain till all your Accounts are settled and the money paid he says he got me the probate of his father's will this week which as soon as I receive shall return you; he desires the Account of your demands which you promised him: I have acquainted him with your Nephew's being here & paying moneys to Mr Browne &c. & you may be sure I shall not be your enemy in anything - particularly in any reasonable charge as to that point, because I expect to be some sharer in it in regard of the trouble I have had in preferring the secret & managing Browne &which I dare leave to yourself. I do not yet hear him mentioning the rent charge. Pray my humble service to Mr Bainbridge'

'You should have heard from me sooner but that Mr Read came but have 2 or 3 days ago & besides the election of a Knight of our Shire had put us out of order for sometime and was but over on Saturday last; The Lord Fairfax had the majority by 94 Votes'

'I received yours but I cannot furnish you with the sum which you desire. I am very willing to transfer the mortgage upon the receipt of the moneys, which is due upon it, and to receive my money upon that notice given, which was agreed upon between your Father & myself, which, as I remember, was half a year. Your uncle Thomson can inform you. If I meet with an opportunity of putting it out before that time, I will receive it sooner. I have at present a good hand in view to place it in, and if you will let me know when the money will be ready, so that I may depend upon it. I will endeavour what I can to serve you. My humble service to your uncle and aunt Thomson'.

'My unikle Thomson has brought with him what will be sattisfaction to the purchaser who ever he be I hope I may expect 21 years purchase the ground Lying so nigh the towne if you cann dispose of it at that call I shall be obligd to you which is all from yours to Comand'.

'I will Take 20 yeares purchase for £82 per ann: without any deduction; butt to allow halfe a yeares rent I cannot thinke on. I give you many thankes for the trouble I have putt you to as for your business you writt about youle finde enclosd in the letter, I pd for it 3 shill: if your gentleman will buy it att these termes, I shall be glad to waiteon your att Northallerton when you please to appoint a time. Yours att Comand Clement Read'

'Mr Ovington Above you receive Mr Reads proposalls wi Answere to what I wratt to him on yr. behalf about yr purchase of his Estatehere If you comply thereto sh lett me know it by a Line to. Yr servt Fra: Mascall 16 Augt 1706'

' Mr Mascall Augt 17/ 1706 I do comply with Mr reads proposals in this Letter & will purchase his Estate here according to his own & will purchase of money as soone as the Conveyances thereof are executed & remaine Yrs Tho: Ovington'

'I doe hereby release & discharge the Contract & Agreement within written & the Lands & Tenents & all Execusion & future performance of the Same Agreemt soe as I be dischargd of the suite in the Chancery at Westmstr exhibitted agst me concerning the premisses & all costs & charges including the same. Witnessing hand the 16 day of December 1706 Tho: Ovington. Witness hereto Fra: Mascall'.

Between Clement Read of York (Yorkshire), goldsmith and Robert Hotham of York, haberdasher that if Clement Read before 1 October 1706 secured to Ralph Bainbridge of Durham, all his lands and houses in County Durham in consideration of £1,701.1.6 - £1,000 of which was to be paid on conveyance with £700 to be paid 1 May 1707 with interest at 5%, premises being worth £82 per annum Clement Read was to receive rent at Michaelmas with Ralph Bainbridge then entering; £1.1.6 being received in part payment; witnessed by Jacob Costobady, James Bairstow and Darcy Preston; endorsed with accounts

'An Estate in Land Adjoining upon the Citty of Durham very well Situated & Tenanted of the Clear yearly vallue of £82 To bee Sold. Enquire of Mr Richard Booth Attorney at Law in York or at Mr Francis Mascall Attorney in Durham'

'I received yours dated 24th Instant but deferd answering it till this post in order to gett better instructed how to answere your Queries which I hope you will find answered in most part to your Satisfaction And first as to the first objection how the deed from Thomas Billingham and as dated 1651 [CC/Deeds 3/1] shall operate. In answere to which I have found a Recovery Exemplified which was suffered in Easter Terme 1652 [CC/Deeds 3/4] Rotul 40 att Westm In Olivers Time wherein Matthew Pearson & John Stephenson are Demandants & Richard Harrison, Richard Hutchinson, Thomas Dynnis, Francis Darley & Thomas Thomas are tenants who vouch to warrant Thomas Billingham esquire & Beatrix his wife Matthew Blyth & James Blyth who vouch over the Common Vouchee'.

'2d Q. When Mr Thomas Denys dyed. Answere 1690 as Mr Read informs me, who formerly searchd the Register upon another occasion'

'3 Whether Mr Darby or Mr Thomson survived. Answere Mr Thomson, whose heir is Mr Thomas Thomson'.

'4 Whether there be a Counter part of Dr Stainforth's Mortgage [CC/Deeds 5/1] Answere I have gott it from Mr Thomson who had it in keeping'.

'5 Querie the names & additions of the children & their Husbands. Answere: Ralph Reed of barnby in the County of York, gentleman, Stephen Browne of the City of York, Barber Surgeon & Frances his Wife & Robert Driffield of Eskrick in the County of Yorke yeoman & Margarett his Wife'.

'6 Querie where Huntley & Reeds Leases are. Answere: As yet I can hear nothing of such; but I find a Bond dated in 1698 from Huntley & Vasey to Richard Reed in £40 for securing the Covenants in One pair of Leases dated the same say: So that I fancy there must be a Lease somewhere which I'll doe my endeavour to find out'.

'7 Confirming Mr Mascall's threats & whether there be more deeds than what he shewd you. Answere Mr Thomson tells me there are no more in Mr Mascall's hands that he knows off'.

'8. Concerning the Leasehold Land being £6 a yeare. Answere I have found the Lease as likewise the Deeds of Assignment of a former Lease to Mr Richard Reed which he purchased & I hope the discount of it will not be so material in consideration that One yeares Rent will review the Lease for the forty yeares some yeares rente'.

'9. 'The Estate was upheld to be greater per annum clear. Answere: I believe it is, for I have a paper of my own Setting down when Mr Read & I received the last Michaelmas Rents & I find received clear £41 for the halfe yeare without deduction; & every ¿.. particular Summe but however I hope your Mrs Queens dower is noe perpetuall incumbrance'.

'The other Side contains answeres the best that I can gett to your most material objections: for you must know Mr Read is a Gentleman that loves business the least of any man & consequently would not trouble himselfe in this or any other matter he can help but rather referrs 'em to any one that will take the trouble upon him. So if the answeres be not so perfect you must pardon me at present being not as yet capaple of giveing better, but Mr Read designs for Durham on this day Sennett & truly I dare scarce trust him by himselfe with his Cozen Mascall so have offered my services to goe along with him, & then shall bring all those Deeds I have named on the other side along with me & shall endeavour to satisfy you further in any particular I can'.

'Mr Read presents his most humble Service to you & thanks you for your kind offer in receiving the Rents for him, but he says since he comes over himself, he'll not give you the trouble: Mr Thomson & Mr Bairstow are your servants'.

'I shall gett Mr Read to Bring Mr Mascalls Letters over with him to Durham, in case any Dispute should arise whilst he is there'.

' You had heard from me two posts ago if Mr Thomson had been att home; but yesterday was the first time I had opportunity to Speake to him about the matter & which you find here inclosed, is which I could gett him to doe; his Nephew & he being so much att difference about his Nephew's denyeing to pay his Sisters fortunes & for some other reasons I Suppose betwixt themselves I could not perswade him to give a direct order but only his Consent to Mr Reads order: for he told me he would not enter himself into the Crisis, by giveing an order to deliver 'em haveing no direction from Mr Read. So to doe neither would he conferme himselfe so mcu with Mr Read as to have an order from him, so that if Mr Mascall refuses upon this to deliver the writings there'll be no way but a Bill in Chancery: please to take a copy of these Orders before you give 'em Mr Mascall'.

'Mr Mascall had taken the paines to write both to Mr Thomson & Mr Read to perswade 'em if possible against the bargain with you, but they both have answered him to the purpose I hope so that I fancy he'll never again suppose 'em so easy to be perswaded'.

'I must begg of you to desire Mr Bainbridge to tell Mr Hodgson that the £20 due from her son to Mrs Sharpe was for moneys received by him of Mr Saltmarsh for Mr Sharpes use'.

'Mr Read promises to serve you by the next post when Thomas Dennis dyed & who is his Heir'

'First you received a Querie against Huntley & Vasey which please to gett executed & gett good Bayle taken'.

'Mr Read has mett with the Bro of Thomas Dennis here in York, who says that his Bro dyed near 40 yeares agoe, so that he cannot be the Survivor'.

'I hope you received mine by the last post with Mr Thomson's & Read's Orders for Mr Mascall's delivering the writeings to you which I should be glad to hear he has complyd with. I think nothing more offers att present but I am your assured freind & humble servant'.

'The first time you foe to Newcastle please to remember my Attach: in Chancery'

'I received yours of the 22nd instant to which I would have retained a more speedy answere but that I stayd till Dr Stainforth came home from Nottinghamshire which was but last night late, so this morning I attended him & left the foul draught with him, but he sayes he must have some time to consider on it, & withal that Mr Read the Vendor's father promised halfe a yeares notice, & he has had none, I told him in answere that what he thought reasonable to take for his not haveing notice Mr Read must allow him; That the said Drafts smell of Extortion, so did not care to doe that way but rather to keep the moneys in Mr Reads or your hands & take notice from this day; so what he'll doe I know not but shall wait on him again in 2 or 3 dayes'.

'Mr Read is your servant & dispises Mr Ovington's threats & sayes that when the time comes that the moneys is to be brought hither he'll meet you att Northallerton, which was the place appointed & taken the charge of the cash to York; to avoid bringing any more Company than yourselves I should be glad to hear the Success of Mr Read & Mr Thomson's Orders on Mr Mascall of Mr Huntley & the Queries which with my humble services to Mr Bainbridge'

'Incosed you receive again the foul draught of the Assignment from Dr Stainforth: he I believe may be drawn to a compliance as to the receipt of his moneys by some small present from Mr Read at theworst, but I am not without hopes to procure the Doctor a Chapman for his moneys without loss of time which will take away all his pretences to further interest from Mr Read; however I hope there be no great difficulty in that Affair; but only the Doctor will not covenant further than for any ACt Committed or done by himself for that he has a Release & Assignment of all the Lady Boucrhiers Interest, which he will likewise deliver up to you; which I believe you may safely take without inflicting upon any more he being a Substantiall tho' a timorous man, & not to be perswaded against his opinion - if further summe of £150 was lent by the Dr only'.

'I have Communicated to Mr Read the Contents your last which I received dated 29 October he seems willing to meet you at the Salutation in Leaming Lane any day the beginning of next weeke which you shall pitch on; but lett me know per the next what day certain, that I may Inform him: I Suppose I am to accompany him in his Road'.

'He dispises Mr Mascalls & Ovingtons pretences to any bargain & further sayes if Mr Mascall delivers not the writing to you before you sett out he'll order me to file a Bill against him for 'em - All which, as well as Huntley's affair wee might defer till our meeting'.

' Sir The Bearer desires a favour from me haveing a draft Reposed in my Grandfather Mr Richard Hutchinson of an Estate neare Durham purchased in his name by one Mr Read. I am a stranger to the matter and have referred him to you being willing to doe hat you Judge reasonable'.

'I have yours dated yesterday & have again spoke to Mr Read who is firmly rsolved to meet you on Monday night at the Old Salutation in Leeming Lane & I (God Willing) design to goe along with him: Mr Read ownes the Obligacon to you for your care about Huntley but designs to returne thankes publickly so I leave it till meeting, the design of this only being to assure you of our design & to wish you a good Journey, which is sincerely desired'.

Regarding documents required with an itemised bill on the reverse.

'I hope this will find you well gott to Durham. Inclosed you receive the Affidavit Mr Dennis & this Day I sent the Ingrossed Bill to be filed versus Mascall & as per order Mr Edwards my ¿ in Chancery to send the Subpoena directly to you, so that I hope you'll have it in time enough'.

'Mr Read is your servant'.

By George Dixon for records from Francis Mascall

'I am glad the subpoena came so quickly to your hand; but the fault was not mine for I writ your Christian name to my Clerk in Chancery but I suppose her forgot it - I sent the affidavit up by this Days post with orders for an attachment if they have not approved or doe not within the Rules'.

''I have applied myself to Mr Bankes about your buckles but he sayes 'tis the same as giving 2s away to change them; for he makes 'em not himselfe so I have them not thinking it worth the while of sending you 'em back, neither have I thrown 'em away as you ordered, but shall keep 'em safer till your further orders, for tis possible to wear 'em some time before they break'.

'I told Mr Read of your expenses in the Road & the moneys layd out at Newcastle upon the Lady you tell of ; att which he seemd mighty pensive & sayes he is afraid if he pays every thing that he is pressd to, his small stock of £400 will soon be run out'.

'When I have occasion for the Probate of Mr Richard Reads will I'll write you word & then shall be obleaged to you for it; In a weekes time you shall have a copy of the Bill in Chancery versus Mascall; I hope you'll pardon the delay, my hands being taken up towards the latter end of the terme & be pleased to think me your obleaged humble servant'.

'Mr Read is your servant pray our respects to honest Mr Bainbridge'.

'I have comenced a suit against a person as executor to my father and is advisd by Mr Booth who I mislay[?] that I must produce the probatt of the will before the defendant is obliged to pleade so desires you will doe me the favour as send it by the next post which is all from your humble servant to comand'.

'Pray my services to the honest Alderman'.

'I received yours of the 10th Inst which I would have answered last post, but that I could not get to speake to Mr Read that night, but since I have seen him; in answere to Mr Mascall's proposalls he is very unwilling to pay the costs already runn by Mr Mascalls obstinacy: but upon some considerations (the greatest of which is spending more money) he is willing to refer the agreement to yourselfe & make the best end you can with Mr Mascall; if you can get no costs you must doe without it & get the Writeings & cancel their pretended agreement & I think a generall Release from Mr Mascall & Mr Ovington to Mr Read would not be improper however please to take in Mr Reads letters to Mr Mascall: Indeed I am wholly of opinion 'tis the best to accept of this opportunity to end this suit for Mr reads Good tho I doe not altogeather think as Mr Mascall does that the Colt. would give him costs upon a hearing unless he'll prove that he offered these proposalls before the suit was commenced; so that in think you may very well insist upon some costs: all which is referred to you'.

'I received your last with the probate of Mr Richard Read's will, which Mr Clement promises to returne so soone as Mr Book has given over - his imploying Mr Book in this cause (which is but upon a Bond) is only in gratification (as Mr Read tells me) of some old piece of service formerly done by Mr Book to him - which he has acquainted me with, so that I cannot take it ill'.

'I hope you have before now gott the Deeds etc from Mr Mascall, which should be glad to hear'.

'Mr Read is resolved since so small a sume of int per annum for £300 is offered for his life not to sell it att all, but I beleive he'll call on you on his way to Newcastle next weeke which if he does you may discourse him about it, likewise inform him that you have remitted Browne's moneys into Mr Thomson's hands; you#ll take so much trouble you may please to write me by the return of the post that you have taken care so to doe; which letter I can shew Mr Read before he setts out'.

'This is what offers at present from your humble servant'.

Parties:
(1) Clement Read of York (Yorkshire), goldsmith (eldest son, heir and devisee of Richard Read of Flaxton (Yorkshire), gentleman);
(2) William Stainforth DD of York;
(3) Posthumus Smith of Durham, gentleman;
(4) George Dixon of Durham, gentleman

Reciting:
- CC/Deeds 5/1;
- default in payment making estate of Dame Ursula Bourchier and (2) absolute
- CC/Deeds 5/5;
- (2) had paid Dame Ursula Bourchier her share of the mortgage;
- (4) had contracted sale with (1)

Operative Part
- (4) paid £686.11.3 to (2) by direction of (1);
- (3) paid 5 shillings to (2);
- (3) paid 5 shillings to (1);
- (1) and (2), by appointment of (4), assigned (a) to (3)

Property:
(a) closes in the manor of Crookhall called Conduit Heads, Akeley Heads and Rye Feild

Habendum:
- to (3) for residue of term of 900 years in trust for (4)

Witnesses:
- Darcy Preston;
- Robert Reed junior;
- John Rudd;
- John Richard, servant to John Rudd

By Clement Read of York (Yorkshire), goldsmith to George Dixon of Durham, gentleman in penal sum of £2,000 to observe covenants in CC/Deeds 5/9 and 11; witnessed by Darcy Preston and Robert Reed junior

Parties:
(1) Clement Read of York (Yorkshire), goldsmith (eldest son, heir and devisee of Richard Read of Flaxton (Yorkshire), gentleman who was third son and devisee of Clement Read of Buttercrambe (Yorkshire), gentleman);
(2) Thomas Thompson of York, gentleman (eldest son and heir of Thomas Thompson of York, gentleman who survived Francis Darley of Buttercrambe, gentleman);
(3) George Dixon of Durham, gentleman

Reciting:
- CC/Deeds 3/1;
- CC/Deeds 3/6

Operative Part
-(3) paid 5 shillings to (2) by direction of (1);
- (3) paid 5 shillings to (1);
- (1) and (2) released (a) to (3)

Property:
(a) close of pasture called Wheatleys alias Wheetleas formerly in occupation of Jerrard Welbury, now of Michael Mickleton of Crookhall, gentleman;
(b) close of meadow or pasture called High Feild formerly in occupation of Jerrard Welbury and Timothy Stott now in occupation of Michael Mickleton

Habendum:
- to (3) until legally evicted from Conduit Heades, Quarry Close, Quarry Garth, Island Close, the two Whantslys, Akeley heads, Fox Earths, Hither Rye Feild and Far Rye Feild by heirs of Thomas Billingham and Beatrix, his wife, Matthew Blyth, James Blyth, Thomas Lovell the elder and Thomas Lovell the younger, (3) being allowed rents and profits of (a)-(b) until satisfied for the loss caused by eviction

Witnesses:
- Darcy Preston;
- Robert Reed junior

(I) Common recovery 30 May 1652

In which Mathew Pearson and John Stephenson were demandants and Richard Harrison, Richard Hutchinson, gentleman, Thomas Dennis, gentleman, Francis Darley, gentleman and Thomas Thompson, gentleman were defendants of fifty acres of land, fifty acres of meadow and fifty acres of pasture with appurtenances in Crookhall

With delivery of seisin by the sheriff to Mathew Pearson and John Stephenson

(II) Final concord of Hilary 1651

In which Richard Harrison, Richard Hutchinson, gentleman, Thomas Dynnis, gentleman, Francis Darley, gentleman and Thomas Thompson, gentleman were plaintiffs and Thomas Billingham, esquire and Beatrix, his wife, Mathew Blyth and Mary, his wife, James Blyth , tho Lovell, esquire and Thomas Lovell, gentleman were deforciants of fifty acres of land, fifty acres of meadow and fifty acres of pasture with appurtenances in Crookhall

(III) Final concord of 29 November 1706

In which George Dixon, gentleman was plaintiff and Clement read, goldsmith, Stephen Browne, surgeon and Frances, his wife, Robert Driffield, yeoman and Margaret, his wife , Richard Read, gentleman and Jane, his wife were defendants of two messuages, fifty acres of land, sixty acres of meadow, and fifty acres of pasture with common of pasture for all cattle with appurtenances in Crookhall, St Oswald's

(IV) CC/Deeds 3/7

Parties:
(1) George Dixon of Durham, gentleman;
(2) Ralph Bainbridge of Durham, alderman

Operative Part
- (2) paid £359 to (1);
- (1) released (a)-(c) to (2)

Property:
Two closes in the lordship of Crookhall containing a fourth part of the lordship formerly purchased by Clement Read of Buttercrambe (Yorkshire) from Thomas Billingham, esquire as below:
(a) close called Fox Earths formerly in occupation of William Lee, now of Robert Salkeld
(b) Hither Rye Feild adjoining Upper Whanesly formerly in one close in occupation of William Lee but now divided into two closes in occupation of George Harrison, tanner and lately purchased by George Dixon from Clement Read of York, goldsmith (grandson of Clement Read);
(c) piece of ground, part of Upper Whenesly Close divided from the residue by a quick set hedge

Habendum:
- to (2) for ever subject to payment of a fourth part of taxes, tithe rents , quit rents etc payable out of the manor

Endorsed with schedule of deeds: CC/Deeds 3/1; exemplification of a fine of 23 January 1651; CC/Deeds 3/4; CC/Deeds 3/5; CC/Deeds 3/6; CC/Deeds 3/7; lease and release of 12 and 13 November 1706 from Clement Read and others to George Dixon; acknowledgement of 15 November 1706 by George Dixon to deliver the scheduled deeds

Witnesses:
- Richard Lee;
- Francis Fiden

By George Dixon of Durham to Ralph Bainbridge of Durham, alderman in penal sum of £600 to observe performance of covenants; witnessed by Cuthbert Bainbridge and Giles Raine

- devising to his wife Elizabeth of messuage and shop in Silver Street, Durham for her life, remainder to his eldest son Ralph;
- devising his lands in the Manor of Crookhall called Fox Earths and two Rye Closes to his son Ralph charged with payment of legacies of £100 to each of his younger children William, Thomas, Jonathan, George and Mary when each became twenty one with interest to be applied to their maintenance by his wife who was to hold the three closes and take the rents and profits, but if she died before the youngest child was twenty one then his son Ralph would act in her place;
- bequeathing to his son Robert and daughter Ann £100 each;
- bequeathing to his daughters Ann and Mary equally all his household goods permitting testator's wife to use them for her life;
- appointing that if any of the children died under age their legacy was to be divided between their siblings with the exception of Ralph;
- bequeathing and devising the residue of his personal and real estate, particularly two closes called Magdalen Closes held by lease from the dean and chapter of Durham, to his wife to pay his debts and funeral expenses and the legacies above;
- witnessed by John Rymer, George Dixon and Robert Ivory

Parties:
(1) Ralph Bainbridge Silver Street, Durham, merchant (eldest son and heir of Ralph Bainbridge, alderman) and Elizabeth Bainbridge of Silver Street (widow of Ralph Bainbridge) and William Bainbridge of Hartlepool, mariner (a younger son of Ralph Bainbridge, deceased);
(2) Thomas Westgarth of Durham, merchant

Operative Part
- (2) paid £230 to Ralph Bainbridge, £100 to William Bainbridge
- (1) released (a) to (2)

Property:
Two closes in the lordship of Crookhall containing a fourth part of the lordship formerly purchased by Clement Read of Buttercrambe (Yorkshire) from Thomas Billingham, esquire as below:
(a) close called Fox Earths formerly in occupation of William Lee, now of Robert Salkeld
(b) Hither Rye Feild adjoining Upper Whanesly formerly in one close in occupation of William Lee but now divided into two closes in occupation of George Harrison, tanner and lately purchased by George Dixon from Clement Read of York, goldsmith (grandson of Clement Read);
(c) piece of ground, part of Upper Whanesly Close divided from the residue by a quick set hedge

Habendum:
- to (2) for ever subject to payment of a fourth part of taxes, tithe rents, quit rents etc payable out of the manor

Witnesses:
- Thomas Harrison;
- William Hutchinson;
- Robert Bainbridge

Parties:
(1) Thomas Westgarth of Durham, merchant;
(2) Ralph Bainbridge of Silver Street, Durham, merchant (eldest son of Ralph Bainbridge of Durham, alderman), Elizabeth Bainbridge (widow of Ralph Bainbridge), Thomas Bainbridge, Jonathan Bainbridge, George Bainbridge and Mary Bainbridge (younger children of Ralph Bainbridge deceased)

Reciting:
- CC/Deeds 6/8;
- death of Ralph Bainbridge and William Bainbridge had attained the age of twenty-one but Thomas, Jonathan, George and Mary were still under twenty one;
- (1) had agreed purchase as in CC/Deeds 6/10-11;
- Thomas, Jonathan, George and Mary Bainbridge had released (a)-(c) in CC/Deeds 6/10 to (1);
- (1), until the legacies became payable, agreed to pay interest at 5% to Elizabeth Bainbridge until her death then to Ralph Bainbridge

Item
- (1) agreed to pay £100 each to Thomas, Jonathan, George and Mary when they became twenty-one and to pay interest at 5% until they became twenty-one

Proviso:
- in case Thomas, Jonathan, George and Mary on tender of the money and interest refused to execute a release and discharge to (1) then (1) would retain the money until a release and discharge should be executed

Item
- Ralph and Elizabeth agreed that on payment of £100 legacies and interest then (1) should have rents and profits without any claim by Thomas, Jonathan, George and Mary Bainbridge

Witnesses:
- Thomas Harrison;
- William Hutchinson

Parties:
(1) Thomas Bainbridge of Silver Street, Durham, merchant (a younger child of Ralph Bainbridge of Durham, alderman);
(2) Thomas Westgarth of Durham, merchant

Reciting:
- CC/Deeds 6/8;
- death of Ralph Bainbridge;
- (1) had agreed purchase as in CC/Deeds 6/10-11;
- CC/Deeds 6/10-11;
- CC/Deeds 6/12
- (2) paid interest to the younger children until they became twenty-one;
- Ralph and Elizabeth Bainbridge agreed (1) could take rents and profits from the lands in CC/Deeds 6/10-11;
- (2) had become 21 and (1) had paid him £100

Operative Part
- (2) released his interest in the lands in CC/Deeds 6/10-11 to (1)

Witnesses:
- William Forster;
- William Hutchinson

Parties:
(1) Thomas Bainbridge of Sunderland, jeweller (a younger child of Ralph Bainbridge of Durham, alderman);
(2) Thomas Westgarth of Durham, merchant

Reciting:
- CC/Deeds 6/8;
- death of Ralph Bainbridge;
- (1) had agreed purchase as in CC/Deeds 6/10-11;
- CC/Deeds 6/10-11;
- CC/Deeds 6/12
- (2) paid interest to the younger children until they became twenty-one;
- Ralph and Elizabeth Bainbridge agreed (1) could take rents and profits from the lands in CC/Deeds 6/10-11;
- (2) had become 21 and (1) had paid him £100

Operative Part
- (2) released his interest in the lands in CC/Deeds 6/10-11 to (1)

Witnesses:
- Thomas Bainbridge
- William Hutchinson

From Henry Vane, 2nd Earl of Darlington, John Lambe of Durham, alderman, John Hopper of Durham, alderman and John Drake Bainbridge of Durham, alderman to Augustine Sampson of Pelton, gentleman in penal sum of £400 to secure a loan of £200 and interest; witnessed by Mark Milbank and Christopher Johnson

Parties:
(1) Mayor, aldermen and commonality of City of Durham and Framwelgate;
(2) Christopher Johnson of city of Durham, gentleman

Reciting:
- several prosecutions against John Lambe, esquire the present mayor and several members of the corporation for executing the duties of office without being legally elected;
- the major part of (1) apprehended that Lambe and the others were legally elected and ordered that their expenses in the legal actions should be born by the corporation;
- CC/Deeds 7/2;
- the corporation agreed that an indemnity should be given to Henry, Earl of Darlington, John Lambe, John Hopper and John Drake

Operative Part
- (1) released (a)-(b) to (2)

Property:
(a) two closes in Framwelgate called Spittle Closes bounded by king's highway E, lands of Richard Wharton W and N and Herd Lane alias Dryburn Lane S in occupation of Richard Clarkson and others;
(b) close called Chappel Garth in Framwelgate bounded by king's highway E, Honey Lane W, waste ground N and close of John Kidson S in occupation of George Mathews

Habendum:
- to (2) in trust to levy £200 by sale or from rents and profits to pay Augustine Sampson with interest

Signed by the corporation: John Lambe, mayor; Thomas Bainbridge; Thomas Hornby; John Hopper; Joseph Gray, alderman [by mark]; Earl of Darlington; John Drake Bainbridge; Thomas Lampson; James Ladler; Thomas Sheffield; John Jolly; John Howe; Matthew Wilson; Robart Walton; George Bone; John Weybridge; Robert Chapman; Thomas Wilson; Robert Wolfe; George Sikes; George Phelson; William Robinson; John Readsham; George Smirk

Parties:
(1) Francis Johnson of Newcastle upon Tyne (Northumberland), merchant (eldest son and heir at law of Francis Johnson of Newcastle, doctor of physic, who survived Francis Potts);
(2) Francis Johnson of Aykley Heads, gentleman (devisee in will of John Dixon of Aykley Heads, gentleman who was son and devisee of George Dixon of Durham, gentleman);
(3) William Cuthbert of Newcastle, gentleman

Reciting:
- will of George Dixon of 2 March 1737 devising (a)(i) to his wife Sarah for her life, remainder to his son John;
- death of John Dixon and his will of 13 December 1763 devising to his cousin Francis Johnson and Francis Potts (both since dead) in trust to pay rents and profits to his mother Sarah and after her death to pay legacies - £100 to Mary Colpitts, £50 to Richard Hutchinson and rents and profits to his brother-in-law Christopher Johnson until his son Francis became twenty-one at which point all real estate should be held in trust for him;
- death of Sarah Dixon;
- Francis Johnson had turned twenty-one;
- the legacies of £100 and £50 had been paid;
- (2) needed £2,000

Operative Part
- (3) paid £2,000 to (2);
- (3) paid 10 shillings to (1);
- (1), by direction of (2), released (a)-(i) to (3)

Property:
(a) messuage, tenement, burgage, stables, coachhouse and garden called Aykley Heads in occupation of (2) with closes in the Lordship of Crookhall as below;
(b) close called Conduit Heads alias Framwell Meadows formerly in occupation of William Heighington, then Hugh Huntley, tanner;
(c) Quarry Close formerly in occupation of Elizabeth Bellamy, widow, then Hugh Huntley;
(d) Quarry Garth formerly in occupation of John Gowland, then Hugh Huntley;
(e) Island alias Ealand Close formerly in occupation of James Dobson, then Hugh Huntley;
(f) two closes called Whanesleys formerly in occupation of Richard Harrison, then of George Sheffield and Edward Nicholson, tanners
(g) Aykley Heads in one close in occupation of Ralph Belley then divided into several closes in occupation of Robert Reed, tanner;
(h) close called Fox Earths formerly in occupation of William Lee then divided into two closes in occupation of George Harrison;
(i) close called Far Ryefield formerly in occupation of Ralph Belley then of Robert Reed

Habendum:
- to (3) subject to equity of redemption for (2)

Witnesses:
- William Wilkinson;
- Christopher Johnson junior;
- William Gibson;
- Joseph Airey

Parties:
(1) William Cuthbert of Newcastle upon Tyne (Northumberland), gentleman;
(2) Francis Johnson of Aykley Heads, gentleman;
(3) Henry Atkinson of Newcastle upon Tyne, hoastman

Reciting:
- CC/Deeds 7/5-6;
- £2,000 still owing to (1) but all interest paid

Operative Part
- (3) paid £2,000 to (1) by direction of (2);
- (1), by direction of (2) assigned (a)-(i) to (3)

Property:
(a) messuage, tenement, burgage, stables, coachhouse and garden called Aykley Heads in occupation of (2) with closes in the Lordship of Crookhall as below;
(b) close called Conduit Heads alias Framwell Meadows formerly in occupation of William Heighington, then Hugh Huntley, tanner;
(c) Quarry Close formerly in occupation of Elizabeth Bellamy, widow, then Hugh Huntley;
(d) Quarry Garth formerly in occupation of John Gowland, then Hugh Huntley;
(e) Island alias Ealand Close formerly in occupation of James Dobson, then Hugh Huntley;
(f) two closes called Whanesleys formerly in occupation of Richard Harrison, then of George Sheffield and Edward Nicholson, tanners
(g) Aykley Heads in one close in occupation of Ralph Belley then divided into several closes in occupation of Robert Reed, tanner;
(h) close called Fox Earths formerly in occupation of William Lee then divided into two closes in occupation of George Harrison;
(i) close called Far Ryefield formerly in occupation of Ralph Belley then of Robert Reed

Habendum:
- to (3) subject to equity of redemption of (2)

Witnesses:
- John Airey;
- John Griffith;
- John Johnson of Grays Inn;
- James Sayers of Grays Inn

Parties:
(1) Henry Atkinson of Newcastle upon Tyne (Northumberland), esquire;
(2) Francis Johnson of Aykley Heads, esquire

Reciting:
- will of George Dixon of 2 March 1737 devising (a)(i) to his wife Sarah for her life, remainder to his son John;
- death of John Dixon and his will of 13 December 1763 devising to his cousin Francis Johnson and Francis Potts (both since dead) in trust to pay rents and profits to his mother Sarah and after her death to pay legacies - £100 to Mary Colpitts, £50 to Richard Hutchinson and rents and profits to his brother-in-law Christopher Johnson until his son Francis became twenty-one at which point all real estate should be held in trust for him;
- CC/Deeds 7/5-6;
- CC/Deeds 7/8;
- £2,000 still owing but all interest paid

Operative Part
- (2) paid £2,000 to (1);
- (1) released (a)-(i) to (2)

Property:
(a) messuage, tenement, burgage, stables, coachhouse and garden called Aykley Heads in occupation of (2) with closes in the Lordship of Crookhall as below;
(b) close called Conduit Heads alias Framwell Meadows formerly in occupation of William Heighington, then Hugh Huntley, tanner;
(c) Quarry Close formerly in occupation of Elizabeth Bellamy, widow, then Hugh Huntley;
(d) Quarry Garth formerly in occupation of John Gowland, then Hugh Huntley;
(e) Island alias Ealand Close formerly in occupation of James Dobson, then Hugh Huntley;
(f) two closes called Whanesleys formerly in occupation of Richard Harrison, then of George Sheffield and Edward Nicholson, tanners
(g) Aykley Heads in one close in occupation of Ralph Belley then divided into several closes in occupation of Robert Reed, tanner;
(h) close called Fox Earths formerly in occupation of William Lee then divided into two closes in occupation of George Harrison;
(i) close called Far Ryefield formerly in occupation of Ralph Belley then of Robert Reed

Habendum:
- to (2) for ever

Witnesses:
- Christopher Johnson of Durham;
- John Johnson of Lincolns Inn

'dividing and inclosing certain Moors, Commons, or Waste Lands, and Two Parcels of Ground called The Intack or Cow Pasture and Shaw Wood, within the several Townships of Framwellgate and Witton Gilbert, and in the several Manors of Chester and Lanchester, in the County Palatine of Durham; and for extinguishing all Right of Common on certain inclosed Intercommon Lands, within the same Townships'

'I remember some little time back mentioning to you that if I should think of disposing of those little fields opposite to you, They would probably be an object worthy of your attention; A person here has applied to me and is desirous of purchasing them, but I have declined giving an answer to Him 'till I know your mind and inclination towards them which I will be obliged to you to let me know, I dare say you know that they are freehold, and as they are situated so near your own Place and so much under your own Eyes, I think it would be a pity you should not possess them'.

'I went much to pay you for the Pigs you were so good as accommodate me with, and I beg your Husbandman will tell Harry what price he setts upon them; I am still unable to walk as far or I would before this have visited you'.

From John Bell of Newcastle upon Tyne (Northumberland) to John Griffith at Durham regarding Spittle Closes

'All that close or garden with the dwelling house and other erections there situate in Sidegate then late in the tenure of Simon Burnop and then of Annie Spink and Thomas and John Sheppard respectively'

'And also one other close or garden situate in Sidegate aforesaid theretofore in the tenure of the said Simon Burnop or his assigns afterwards of J Wilkinson or his assigns & then of the said Francis and J Sheppard which said premises contain together by estimation 1.1.1 and more particularly described in a plan thereunto annexed and coloured yellow'

'I have the honor to acquaint you that I shall have ready for inspection on Wednesday the 18th inst a selection of the leading novelties of the season of British & Foreign Manufacture'.

'it is worthy of remark that the approaching Paris Exhibition appears to have had considerable influence in the production of a variety of designs, in various articles of dress, possessing a great degree of novelty and good taste, which will be found to be duly represented on the present occasion'.

'Respectfully requesting the favor of an early visit'

Endorsed with a letter of 5 July 1855 from F. D. Johnson to the dean and chapter of Durham

'I enclose a sketch of two Leasehold plots of land which I have recently purchased of a Mr J Spink and should wish to enfranchise if we can agree upon moderate terms'.

'The following statement contains the Particulars you require'.

'1. The enclosed sketch will best show you the situation of the plots in question marked A & B. They are old garden ground unfenced from the adjoining freeholds, which are the property of different owners. Plot B has a small house upon it of 3 rooms the upper one having no staircase (being at present got at from the tower adjoining built on the freehold) and to which I shall have to make some sort of steps'.

'2. John Spink, now deceased'

'3. 28 Sep 1850, term to commence 26th of September 1850 for 21 years'.

'4. 7/6 a year together with 2s in lieu of land tax'

'5. Page 94 Vol. 1 Durham'

'The land being in two plots unfenced from the adjoining properties and consisting of old garden ground in part liable to be flooded by the river & the house old & such as above described the¿¿. £8 a year and offer £95. I undertake to pay the cost of a valuation to be made by a surveyor of the dean and chapter if required'.

'I have seen Mr Richardson on the subject of your application. He knows the situation of the property perfectly and thinks that the offer made by you is so inadequate, that it would be useless to put you to the cost f a valuation unless you were willing to give a very much larger sum. Of course without a valuation no sum can be fixed, but as the result of a conversation with him I should say it could not certainly be less than £145 or £150'.

of the Reversion, Estate and interest, in a Dwellinghouse, and two detached plots of Garden ground in Sidegate near Durham, containing together 1 acre, 1 rood & 1 perch of land held under a 21 year lease from 26 September 1850 at a reserved rent of 7/6 and of 2 shillings in lieu of Land Tax redeemed. Purchase price £148

Reciting:

- marriage settlement by lease and release of 9-10 August 1801 between (i) Francis Johnson, (ii) Mary Hetherington, spinster and (iii) Andrew Anderson and John Johnson in which land in St Oswald, St Nicholas and the chapelry of St Margaret as shown on included plan was released to (iii) in trust; the map showing six fields W of Crook Hall and N of Sidegate with acreages as follows: 7 acres, 3 roods, 23 poles; 5 acres, 1 rood, 34 poles; 3 acres, 2 roods, 32 poles; 1 acre, 1 rood, 33 poles; 1 acre, 2 roods, 23 poles and 2 roods, 37 poles - total 20 acres, 3 roods, 16 poles;
- will of Francis Johnson of 9 December 1835 appointing the estate to his son Francis Dixon Johnson charged with payment of £4,000 appointed to Anna Elizabeth Johnson;
- the children of Francis and Mary Johnson were: Francis Dixon Johnson; Anna Elizabeth Johnson; Sarah Eleanor Johnson;
- death of Francis Johnson on 23 April 1838 and his burial in Durham cathedral; death of Mary Johnson on 5 April 1851 and her burial in Durham cathedral;
- Anna Elizabeth Johnson was satisfied that residue of the settled estate was sufficient security for £4,000 and at request of Francis Dixon Johnson agreed to exonerate and discharge the lands from payment of £4,000 and interest.

Operative Part
- Anna Elizabeth Johnson released Francis Dixon Johnson and so much of the estate of Francis Johnson as shown in the plan containing 20 acres, 3 roods, 16 poles (except land conveyed to North Eastern Railway Company and William Brown) from payment of £4,000;
- Anna Elizabeth Johnson released to Francis Dixon Johnson all actions, suit causes and cause of action of hers respecting the £4,000

Witnesses:
- Mary Moore, wife of Richard R. Moore, Vicar

'Several weeks ago I wrote to inform you that two years' rents (15/7) were due to the Dean & Chapter for the property in Sidegate, late Spinks' but I have not been favoured with your answer'.

'Re Spink deceased'

'The Bearer is the party entitled to the £20 Legacy and of the property in Sidegate purchased by you'.

'The Legacy duty was paid long ago as appears by the enclosed receipt & I now send you her receipt for the Legacy'.

'I am in receipt of your favor of the 5th inst. I am sorry that you should ask such a very high price for the land at Durham Station you forget that it is a precipitous bank upon which no one would build, and the price you quote is about 15/- per yard. I will give you the same price as I paid before, viz about 6/8 a yard which is a high price. There is no land selling anywhere in the neighbourhood of Durham for anything like the price you name. I hope therefore you will be able to accept my offer'.

'I was not aware that the company's of the contractor's men had interfered with your land, and upon receipt of your letter I forwarded it to the Engineers, and I annexe a copy of his reply'

Copy Engineer's reply of 22 February 1876

'With reference to yours of yesterdays date'

'In making the excavation for the alterations to the retaining wall, Mr Johnsone's ground has fallen a little, but I will take care that when the wall is finished, the ground shall be replaced as before. Please let him know this'.

'Upon receipt of your letter I wrote to Mr. Harrison the Company's Engineer, and I annex a copy of his reply. I am sorry that the land should have been interfered with, but owing to the sandy nature of the ground a piece slipped in. I trust that I twill be made good to your satisfaction'.

Copy Engineer's reply of 29 February 1876

'I regret that the corner of the field belonging to Mr Johnstone should have fallen in, but as soon as the retaining wall is completed I will have the ground made good and I hope to Mr Johnstone's satisfaction'.

'I enclose a tracing showing 200 yds of Land the Engineer has decided to purchase from Mr Johnson the price you named was 10/- or £100'.

Endorsed letter from William Burrell to F. D. Johnson at Aykley Heads 7 July 1876

'I forward to you a letter and plan of the Ground required by the North Eastern Railway Co situate near the Durham Station the New plan shews 200 square yards'.

'I return you the other 2 plans and Mr Irvings letters to you'

Parties:
(1) Francis Dixon Johnson of Aykleyheads near Durham, esquire;
(2) North Eastern Railway Company

Operative Part
- (1) agreed to sell and (2) to purchase (a) for £100

Property (as shown on included plan):
(a) Triangular piece of land of 200 square yards

'Mr Irving has forwarded us an Agreement for the purchase of 200 square yards of land from you at Durham by the Company'.

'Will you be good enough to let us know whether the title to it is the same as the title to the land the Company purchased of you in 1871 and if not if the title is the same as that of the land purchased from you in 1856 or 1853. We should be glad if you would also let us know the name of the field of which the land taken is part. On hearing from you we will if the Title is the same as we have had before prepare a conveyance and send it to you for execution'.

'We send herewith the Conveyance of the piece of land at our Station which please execute. We will obtain a cheque for the purchase money at the next meeting of the Committee and send it to you'.

'We are in receipt of conveyance herein duly attested and now send herewith cheque for £100 the purchase money herein which please acknowledge'

Parties:
(1) Henry Bland DD, Dean and the chapter of Durham cathedral;
(2) William Richardson of Durham, merchant and John, his son

Operative Part
- (1) demised (a) to (2)

Property:
(a) close called Bartholomew Chappell Close in the chapelry of St Margaret's, Durham in occupation of William Richardson

Habendum:
- to (2) from 9 November 1732 for 21 years at annual rent of 26s 8d

From Henry Bland DD, Dean and the chapter of Durham cathedral; reciting CC/Deeds 8/1; reciting death of William Richardson leaving his son John surviving; granting licence to John Richardson to alien, sell, assign or dispose of the demised premises

Parties:
(1) John Richardson of Idol Lane, St Dunstan's in the East (City of London) eldest son and heir of William Richardson of Durham, merchant, deceased;
(2) Hendry Hopper of Durham, gentleman

Reciting:
- CC/Deeds 8/1;
- death of William Richardson and his will of 6 March 1732 giving (a) to (1)

Operative Part
- (2) gave £307 to (1);
- (1) assigned (a) to (2)

Property:
(a) Bartholomew Chappell Close in chapelry of St. Margaret's, Durham

Habendum:
- to (2) for residue of term of 21 years

Witnesses:
- John Mann;
- John Reed;
- Thomas Fairles

Parties:
(1) James Cornwallis, Bishop of Lichfield and Coventry and Dean of Durham cathedral with the chapter of Durham cathedral;
(2) Robert Hopper Williamson of Newcastle upon Tyne (Northumberland), esquire

Operative Part
- (1) demised (a) to (2)

Property:
(a) Bartholomew Chapel Close in chapelry of St. Margaret's, Durham formerly in occupation of Robert Davison, clerk

Habendum:
- to (2) from 9 November 1805 for 21 years at annual rent of 26s 8d

Parties:
(1) James Cornwallis, Bishop of Lichfield and Coventry and Dean of Durham cathedral with the chapter of Durham cathedral;
(2) Robert Hopper Williamson of Newcastle upon Tyne (Northumberland), esquire

Operative Part
- (2) paid 5 shillings to (1) for expenses;
- 2 paid £588 to (1);
- (1) conveyed (a) to (2)

Property:
(a) Bartholomew Chapel Close in chapelry of St Margaret's, Durham formerly in occupation of Robert Davison, clerk

Habendum:
- to (2), to the use of (2) discharged from Land Tax

- now resident at his house in Eppleton;
- being indisposed by lameness in his limbs and other bodily infirmities;
- revoking all wills and codicils;
- devising his farm in Eppleton formerly in occupation of Elizabeth Hornby, widow, now of Christopher Wilkinson to his wife Hannah for her widowhood, remainder, including the reputed manor of Eppleton to his eldest son Francis and his heirs in tail male, in default to his second son Thomas and his issue in tail male, in default to his third son Richard and his issue in tale mail, in default to his daughter Hannah and her issue in tail male, in default to the heirs of the testator; if Francis married he had power to make a jointure out of the yearly value of his Eppleton estate; if the estate descended to Hannah she was, out of rents and profits, to give a legacy to the testator's eldest daughter Elizabeth;
- devising to his son Thomas: the freehold messuages, buildings, stables, backsides, orchard called The Bankes and other gardens in North Bailey, Durham and all messuages, burgages and rooms in North Bailey at N end of his freehold house beginning at the north door or passage called Low Door adjoining North Bailey held by lease from the dean and chapter of Durham cathedral (all North Bailey property to be devised after the death of the testator's wife); a messuage in Framwellgate formerly in occupation of Matthew Scott, deceased and messuages, burgages, closes and parcels of ground near a lane called Castle Chair leading from Durham to Witton Gilbert standing in a close called West Sheriff Meadows; West Sheriff Meadows itself; two closes divided by a runner of water descending from Flass Dam and called Runnerhead abutting on West Sheriff Meadows N; Byers Close adjoining Runnerheads; messuage in Allergate with garth and ridge of meadow on the backside formerly in occupation of William Kirtley deceased; close near Crossgate Head called Margery Close; messuage, barn, closes and tenements called Pethhead Closes and a close called Dogg Close adj The Peth at the head of Framwellgate; messuages, lands and tenements at or near Whithill, Chester le Street; Thomas not to receive any rents or profits during the lifetime of the testator's wife, but should be received by Francis to pay the testator's debts
- ordering his son Francis to surrender and convey all copyhold lands near Whithill to Thomas;
- giving to Thomas all debts and moneys owing by Ralph Mylott of Whithill, deceased amounting to £3,000;
- devising to Thomas all his real estate at Gateshead formerly of William Suddick, pewterer;
- devising to Richard all his real estate in East and West Boldon;
- ordering his son Francis to surrender copyhold premises to Richard;
- devising to Richard the Rift or Rift Hall in County Durham held in mortgage from Thomas Simpson and Hilda, his wife to enable Richard to pay off the mortgage on Boldon East;
- devising to Hannah all real estate at Newbridge in County Durham held in mortgage from James Mylott or Ralph Mylott, deceased computed to amount to £500;
- bequeathing £500 to Hannah to be paid out of the Eppleton estate when she became thirty but without interest with contingencies regarding any deaths of his sons prior to her becoming thirty;
- devising an annuity of £10 to his daughter Elizabeth issuing from the Eppleton estate
- devising and bequeathing the residue of his real and personal estate to Francis, whom he made sole executor, to discharge debts;
- bequeathing bedding, chairs, and other household furniture in the property in North Bailey to his wife for her life except the cedar chest in the little parlour which he bequeathed to Francis;
- bequeathing household furniture at Eppleton to Francis;
- bequeathing all large Bibles and other books at Eppleton to Francis 'as fit for one that uses a Country Life';
- bequeathing his Great Bible and other books at the east end of the little study at Durham to Thomas;
- bequeathing a book of common prayer to Elizabeth 'and desire her to make constant use thereof';
- bequeathing the book of common prayer 'I made use of myself when I was able to attend the Service of the Church of England whereof I dye an unworthy member' to Hannah;
- bequeathing his gold chain, gold rings, diamond rings, stone rings and silver plate to Hannah;
- appointing his burial in the church of Houghton le Spring 'in decent but no way pompous manner';
- bequeathing £5 for distribution to the poor of Houghton le Spring;
- witnesses: William Hilton, Ralph Thompson, Thomas Lakin

- reciting bond and warrant of attorney of 20 March 1761 of his brother Richard of Dalton in the Dale, gentleman binding him to the testator in penal sum of £600 to secure repayment of £300 and interest;
- reciting judgement on the warrant in King's Bench;
- reciting the will of his sister Hannah of Dalton le Dale of 20 May 1761 bequeathing £400 to him;
- reciting bond to him by Hannah Smith of Old Elvett, Durham, widow of 1 March 1763 in penal sum of £400 to secure a loan of £200 and interest;
- reciting will of Hannah Smith of 20 November 1764 bequeathing £100 to him which was still unpaid;
- reciting marriage of William Todd, eldest son and heir of William Todd of Butterwick and Elizabeth Pattinson, niece and executrix of Hannah Smith and both were thus indebted t him for the sum of £300;
- reciting bond of William Lodge of Barnard Castle, gentleman, deceased and George Hutton of Sedgefield, gentleman of 4 May 1764 in penal sum of £400 to secure a loan of £200 and interest;
- reciting bond of John Wilkinson of Newcastle upon Tyne (Northumberland) of 11 October 1764 in penal sum of £400 to secure a loan of £200 and interest;
- reciting bond of George Sandiford Crowe of South Baley, Durham of 1 April 1768 in penal sum of £400 to secure a loan of £200 and interest at 4.5%;
- reciting Rev Dr Sharp a prebendary of Durham cathedral and an executor of Robert Hutton of Houghton le Spring, deceased, owed him £200 as executor;
- reciting that all the above debts amounted to £1,800 which he bequeathed to Mrs Dorothy Proctor of Carville (Northumberland), widow in trust for his niece Elizabeth Mascall, eldest daughter of his brother Francis of Eppleton, gentleman, deceased until she became 21, at which point she was to have them;
- appointing that Dorothy Proctor was not to be liable for loss on any money put out on security;
- bequeathing £100 of the £1,800 to Dorothy Proctor in trust to be paid to his executors to be laid out for his funeral;
- bequeathing to Dorothy Proctor in trust for his niece a gold watch and all his gold rings;
- appointing that if Elizabeth Mascall died before she became 21 then the money was to pass to his nephew Thomas, son of his brother Richard of Dalton le Dale;
- devising and bequeathing residue of all real and personal estate to his nephew Thomas;
- reciting Joseph Pickering of Durham, shopkeeper was indebted to him for £15 interest and costs of suit from which he released him;
- bequeathing £20 to his maid Isabell Bladon, spinster and ordering his executors to give her 'decent mourning';
- appointing his nephew Thomas Mascall sole executor;
- witnesses: Christopher Wardell; John Potts; William Vardy

Parties:
(1) Thomas Mascall of Seaton, gentleman, a bankrupt;
(2) Christopher Wardell, late of South Bailey, Durham, now of Crossgate, Durham, esquire and Hendry Hopper of North Bailey, Durham, gentleman, trustees and assignees of the estate of (1);
(3) John Wright of Durham, esquire

Reciting:
- mortgage by lease and release of 12-13 August 1772 between (i) (1) there described as devisee and executor of Thomas Mascall of North Bailey, Durham, his uncle, deceased and (ii) Hendry Hopper for £1,000 secured on property in Framwelgate, Durham, St Oswald and North Bailey, Durham;
- covenant of 13 November 1777 between (i) (1) and (ii) Hendry Hopper in which (i) charged the property in the mortgage of 1772 as well as property in Stanhope with repayment of sums of £140 and £860;
- lease and release and assignment of 15-16 January 1779 between (i) (1) and (ii) (2) reciting (i) was seized or freehold premises in Gateshead, Durham St Oswald, Durham St Mary-le-Bow and Stanhope and of reversion expectant in North Bailey, Durham and good estate of inheritance in possession of copyhold property in in Chester le Street subject to mortgages and reciting (i) was indebted to Hendry Hopper for £2,000 and arrears of interest and indebted to others in various sums which (i) wished to discharge and thus conveyed to (ii) premises near the head of Framwelgate with divers other property in trust for sale;
- (a) was sold at auction on 5 April 1779 at the house of John Shaw called the Golden Lyon in Durham at which (3) bid £222;
- award of a commission of bankrupt against (1) on 6 May 1779 directed to Thomas Gyll of Durham, esquire, Robert Preston of Stockton, gentleman, William Hutchinson of Barnard Castle, gentleman, George Pearson of Durham, gentleman and Ralph Hopper of Bishop Middleham, esquire;
- bargain and sale of 12 June 1779 from (i) Thomas Gyll, Robert Preston, William Hutchinson, George Pearson and Ralph Hopper to (ii) (2) reciting that (i) found that (1), before the date of the commission became bankrupt and (i) assigned (ii) as trustees to apply money raised by the sale of (1)'s property to creditors;
- £2,000 remained outstanding together with £90 unpaid interest to Hendry Hopper on security of property in Durham St Oswald

Operative Part
- (3) paid £222 to Hendry Hopper by direction of (1) and Christopher Wardell

Operative Part
- Hendry Hopper, by direction of (1) and Christopher Wardell and also (1) and Christopher Wardell for themselves released (a) to (3)

Property:
(a) Peth head Close and Dog Close adjoining a lane called The Peth at the head of Framwelgate, Durham formerly estate of Francis Mascall of Durham, deceased and in occupation of Robert Lamb, carrier

Habendum:
- to (3) for ever

Witnesses:
- Jane Wardell;
- Samuel Gibson;
- William James

by Martin Wilkinson for 3s 8d from John Wright for prescript due for land late of Thomas Mascall

by Martin Wilkinson for 3s 8d from John Wright for prescript due for land late of Thomas Mascall

by Martin Wilkinson for 3s 8d from John Wright for prescript due for Dog Close due to Rev Britton

by J. Britton for 3s 8d from John Wright for prescript due to him

by Martin Wilkinson for 3s 8d from John Wright for prescript due for Dog Closes

by Martin Wilkinson for 3s 8d from John Wright for prescript due for Dog Closes

by Martin Wilkinson for 3s 8d from John Wright for prescript due for Dog Closes

by James Britton for 3s 8d from John Wright for prescript due to Rev Britton for Dog Closes

by Martin Wilkinson for 3s 8d from John Wright for prescript due to Rev Britton for Dog Closes

by Thomas Mills for 11s for three years modus in lieu of tithes for a field at Framwellgate Head from William Green

by A. Reed for 11s for three years modus in lieu of tithes due to Rev Henry Phillipotts for a field at Framwellgate Head from William Green

by S. H. Reed for 3s 8d prescript in leu of tithes to Rev H Phillpotts for field at Framwellgate Head from Mr Burnell

by R. Reed for 3s 8d modus for land lately occupied by Dr Green from B. Burnell

by F. Laycock for 3s 8d modus in lieu of tithes on land at Framwellgate Head for Anthony Reed from Benjamin Burnhill

Parties:
(1) John Wright of Framwellgate, esquire;
(2) William Scales of Framwellgate, gentleman

Operative Part
- (1) enfeoffed (a) to (2) for £250

Property:
(a) Peth head Close and the Dogg Close adjoining lane called The Peth at the head of Framwellgate in occupation of Robert Emmerson

Habendum:
- to (2) to the use of (2) for ever

Witnesses:
- John Ward;
- William Wright

Land Tax 6s, redeemed by William Scales on two closes at Framwellgate called Peth head and Dogbank in occupation of George Peveral for money sufficient to purchase £11 capital stock in 3% consolidated bank annuities before George Barrington, clerk and John Potts, Mayor of Durham

- bequeathing to his wife Faith an annuity of £60 as her dowry and a legacy of £300;
- devising and bequeathing all his leasehold dwelling and furniture to Faith for her life;
- devising equally to his nephews Thomas Oliver and Abraham Oliver his farm called Ling Close held by lease for three lives from the Bishop of Durham with a close called Colman's Close and a house and garden in Easington;
- bequeathing four silver spoons to Thomas Oliver;
- bequeathing a silver cup and four silver spoons to Abraham Oliver;
- bequeathing £500 to his nephew Anthony Oliver;
- bequeathing £300 each to his nieces Isabella Briston, Elizabeth Oliver and Catherine Oliver;
- bequeathing £10 each to his nephews Nicholas Crofton and Abraham Crofton;
- bequeathing £10 each to his nieces Jane Rippon, Ann Hunter and Ann Crofton (daughter of his late nephew John Crofton);
- directing all legacies to be paid after his wife's death;
- devising his farm called Duncombe Moor in Easington held by lease for three lives from the Bishop of Durham to his nephew John Oliver;
- devising his leasehold dwelling in Gilligate and bequeathing all household furniture and all notes , bonds and other securities to his nephew John Oliver;
- appointing John Oliver sole executor;
- witnesses: John Potts; George Grofton; Mary Potts
- proof of the will on 26 January 1803

- reciting lease of 20 July 1798 to Abraham Oliver of Gillygate, Durham, gentleman of a piece of arable and meadow called Windy Hill alias Peth Head Close between land lately of Richard Harrison SE, the high street towards Newcastle (Northumberland) and a close of the dean and chapter called St Leonard's Chapel Close NE and NW, high street NE and ground in occupation of Christopher Mickleton S for 21 years at a rent of 8 shillings;
- reciting the lease contained a proviso against assigning the lease without consent of the dean and chapter;
- reciting death of Abraham Oliver and his will appointing John Oliver of Brancepeth Park, gentleman sole executor;
- licensing John Oliver to alien, bargain, sell, assign and dispose of the demised premises to John Dixon of Durham, merchant without forfeiture of the lease

Parties:
(1) John Oliver of Brancepeth Park, gentleman (a devisee and sole executor of Abraham Oliver of Gilligate, Durham, deceased);
(2) John Dixon of Durham, merchant

Reciting:
- lease of 20 July 1798 to Abraham Oliver of Gillygate, Durham, gentleman of (a) for 21 years at a rent of 8 shillings;
- CC/Deeds 9/8

Operative Part
- (1) assigned the lease of (a) to (2) for £220

Property:
(a) piece of arable and meadow called Windy Hill alias Peth Head Close between land lately of Richard Harrison SE, the high street towards Newcastle (Northumberland) and a close of the dean and chapter called St Leonard's Chapel Close NE and NW, high street NE and ground in occupation of Christopher Mickleton S

Habendum:
- to (2) for residue of the term of 21 years paying rent of 8 shillings per annum to the dean and chapter of Durham

Witnesses:
- John Dunn;
- Robert Medcalf

Parties:
(1) James Cornwallis, Bishop of Lichfield and Coventry and Dean of Durham cathedral and the cathedral chapter;
(2) John Dixon of Durham, alderman

Operative Part
- (1) leased (a) to (2)

Property:
(a) piece of arable and meadow called Windy Hill alias Peth Head Close between land lately of Richard Harrison SE, the high street towards Newcastle (Northumberland) and a close of the dean and chapter called St Leonard's Chapel Close NE and NW, high street NE and ground formerly in occupation of Christopher Mickleton S

Habendum:
- to (2) from 31 January 1805 for 21 years at a rent of 8 shillings to (1)

Parties:
(1) James Cornwallis, Bishop of Lichfield and Coventry and Dean of Durham, William Eden, 1st Baron Auckland and Sylvester Douglas, 1st Baron Glenbervie (two HM commisisoners)
(2) John Dixon of Durham, alderman

Reciting:
- act of 1802 'for consolidating provisions of several acts passed for redemption and sale of Land Tax

Operative Part
- (2) paid 5 shillings to (1);
- (2) paid £59.12.0 to (1);
- (1) confirmed (a) to (2)

Property:
(a) piece of arable and meadow called Windy Hill alias Peth Head Close between land lately of Richard Harrison SE, the high street towards Newcastle (Northumberland) and a close of the dean and chapter called St Leonard's Chapel Close NE and NW, high street NE and ground formerly in occupation of Christopher Mickleton S

Habendum:
- to (2, to use of (2) for ever discharged from Land Tax

Parties:
(1) William Scales of Gilligate, Durham, gentleman and Elizabeth, his wife;
(2) William Green of Durham, surgeon

Operative Part
- (1) enfeoffed (a) to (2) for £380

Property:
(a) Peth head Close and Dogg Close adjoining a lane called The Peth at the head of Framwellgate, formerly estate of Francis Mascall which he devised to his son Thomas who devised it to his nephew Thomas Mascall, afterwards purchased by John Wright of Framwellgate who sold to (1) which were in occupation of George Peverell

Habendum:
- to (2), to the use of (2) for ever

Covenant:
- by (1) to levy a fine sur cognizance de droit come ceo etc to (2) [CC/Deeds 9/14-15]

Witnesses:
- Henry Donkin;
- Robert Forrest

in which William Green was plaintiff and William Scales and Elizabeth, his wife were deforciants of two closes, eight acres of lands and common of pasture for all cattle with appurtenances in St Oswald, Durham

Parties:
(1) John Dixon of Durham, alderman and Mary, his wife;
(2) William Green of Durham, surgeon

Operative Part
- (1) released (a) to (2) for £420

Property:
(a) close called Windy Hill alias Peth head Close in Framwellgate adjoining the road from Durham to Newcastle upon Tyne (Northumberland)in occupation of John Dixon

Habendum:
- to (2), to the use of (2) for ever

Covenant:
- by (1) to levy a fine sur cognizance de droit come ceo etc to (2) [CC/Deeds 9/18-19]

Witnesses:
- Thomas Austin;
- Henry Donkin

in which William Green was plaintiff and John Dixon and Mary, his wife, were deforciants of two closes and five acres of land with appurtenances in St Oswald's

Parties
(1) William Green of Durham, surgeon and Jane, his wife;
(2) Benjamin Burnell of Durham. Tallow chandler

Operative Part
- (1) released (a)-(b) to (2) for £820

Property:
(a) Peth Head Close and Dogg Close adjoining the lane called The Peth at the Head of Framwelgate formerly estate of Francis Mascall which he devised to his son Thomas who devised it to his nephew Thomas Mascall, afterwards purchased by John Wright of Framwellgate who sold to William Scales of Framwellgate who conveyed to (1) and which were in occupation of (1);
(b) Windy Hill otherwise Peth Head Close in Framwellgate adjoining the road from Durham to Newcastle upon Tyne (Northumberland) and in occupation of (1)

Habendum:
- to (2) to the use of (2) for ever

Covenant:
- by (1) to levy a fine sur cognizance de droit come ceo etc to (2) [CC/Deeds 19/20-21]

Witnesses:
- Henry Donkin;
- Henry Smales

in which Benjamin Burnell was plaintiff and William Green and Jane, his wife, were deforciants of fifteen acres of land, fifteen acres of meadow, fifteen acres of pasture and common of pasture for all cattle with appurtenances in the parish of St Oswald

Parties:
(1) Benjamin Burnell of Durham, tallow chandler;
(2) Governors of Queen Anne's Bounty;
(3) Rev Thomas Richard Shipperdson, Rector of St. Mary, North Bailey alas St Mary le Bow

Reciting:
- in 1807 (2) agreed to augment the rectory of St Mary le Bow by lot with four sums of £200 each out of parliamentary grants which (2) ordered to be laid out in purchase of lands, tithes or other hereditaments to augment the rectory

Operative Part
- (2) paid £800 to (1);
- (3) paid 5 shillings to (1);
- (1) bargained and sold (a)-(b) to (3) and his successors as Rector of St Mary le Bow

Property (as shown on included plan):
(a) Peth Head Close and Dogg Close containing 3 acres, 3 roods, 5 perches with cow house standing thereon;
(b) close called Windy Hill alias Peth head Close containing 2 acres, 3 roods, 29 perches
- joining each other and bounded N and part W by land of William Lloyd Wharton, esquire, part W by land of John Clifton, S by street of Framwellgate, E by road from Durham to Newcastle upon Tyne (Northumberland) and all in occupation of (1)

Habendum:
- to the use of (3) as Rector of St Mary le Bow and his successors as rector

Witnesses:
- Francis Smales of Durham, solicitor;
- Henry Smales of Durham, solicitor;
- Thomas Griffith of Durham, solicitor

'Mr Wharton in answer to my note proposing to call on him to-morrow morning came down here forthwith, being engaged all to-morrow at Newcastle. He entered upon the question very calmly & reasonably & asked if I had power to name a price. I said you expected to cover your purchase of me of £2300 or thereabouts. His answer was that he could not make any offer from that sum, as he totally differed in his notion of the value, and wished definitively to decline meeting'.

'I am sorry for it, as it would have suited (both all) parties. I am afraid therefore that you must look the bare fact in the face, as unfortunately my promise to him compels me to request an answer from you before you could put your land into the market. I am bound to give him an answer on Wednesday & I fear must not interpret it later than noon, as he leaves on Thursday early, & I should be left without an answer myself'.

'I inclose you my formal acceptance of your fields at this price you name and must use my best efforts to indemnify myself elsewhere against the sacrifice I have been compelled to make'.

'I am very sorry to find by your kind note just received that Mr Wharton declines to concur in a plan so mutually beneficial, and by which he would in effect have had 12 acres of¿'

'I accept your offer to sell to me the two freehold fields containing 6.3. or thereabouts clear of all quit rents or other deductions at the head of Framwellgate belonging to your living at the price of Two Thousand Three Hundred Pounds. The purchase to be completed on the 23rd of November'.

'As I beg merely to protect myself from the risk of a nuisance and cannot therefore avail myself of any commercial value these fields may possess the price is certainly a terrific one'.

'I have this morning seen Mr Wall, who has never heard of any Quitrent or other Incumbrance on the Framwelgate fields, and therefore I think we may fairly assume that none exist. It is subject to Tithe, and the rent charge apportioned upon the fields is 2s/8d per Annum'.

'Probably, as some time must elapse before the completion of the purchase, it would be desirable to have a distinct memorandum of our agreement drawn up. If Post stamping be still allowable, it need not be saddled with that immediate expense. If you agree, Chayter or anyone for you, would sketch one for our approval'.

'I this morning received an acquittal in full of all demands from your neighbour, admitting that my offer to him was full and unequivocal. He tenders you immediate possession subject to his sub tenant's rights till November'.

'With reference to your letter received last evening, I certainly think that now you have the bird in hand, he might be brought to terms of purchase or division of loss. The difficulty for the moment is that he will be absent some weeks, and he cuts letters so short that to write would risque the chances of success. As however yours is the Interest at stake I will adopt any line of negotiation which you think may promote an agreement. I feel that any arrangements mutually acceptable to you would relieve me from all possibility of misconstruction on his part, and therefore for my own sake as well as yours, shall be happy to do anything in my power to effect it'.

'The Tithe rent charge apportioned upon your two fields at the Head of Framwelgate is £0.2.8 per annum'.

'Mr Johnson in a friendly spirit (I may state) has desired mw to suggest to you that you and he should each name a competent confidential agent to meet shortly & endeavour to come to some mutually beneficial arrangement about his three fields viz the Spittles & the two fields with mine (?) - he is not unwilling to part with all or any one or two of them on terms to be agreed upon'.

'Mr Johnson is urgent that no time should be lost as he frankly says he does not himself know how soon he may be placed in a position requiring him to take some irrevocable step regarding them'.

Draft written on the reverse of a notice of a meeting of governors of Durham County Penitentiary of 3 November 1853

'I write a hasty line before I go to inform you that I have heard from Mr Wharton. He expresses an opinion only on the Spittles field question, of which I give you a summary. He differs in toto from your opinion of the danger of annoyance to himself from it, considering his field in front a protection supposing the field sold by Auction he thinks he would be the highest bidder. The only other way would be ¿the valuation of two Arbitrators be confirmed exclusively to agricultural value: a sum of money being previously fixed to cover all supposed extra value¿. But he adds ¿as we should I am apprehensive fail to agree upon the extra value, I fear the matter is not worth further consideration¿. You have now all that is material, and can judge best whether any and what further move is to be made, in which if I can facilitate matters, I am at your disposal'.

'I have his London address, and send you mine till after Thursday nights post intending to be here on Saturday'.

'With best Compliments to Mrs Johnson'.

'I communicated the purport of your laet letter to Mr Johnson who called on me on my return home, & has now written to say that as you think there will be a difficulty in agreeing upon the ¿extra¿ value attached to the Spittles field, and as you do not apprehend any serious annoyance from buildings upon it, he will at once proceed to negotiate a sale. As however these & other irrevocable steps are sometimes taken in haste & repented of at leisure I have requested & obtained his consent to stay proceedings till I had some communication with you. I think something might be arranged upon the whole question of frontier including Johnson's purchase from me to your mutual advantage. I have no further interest than as a friend to both, and a feeling that the sale of my Glebe has caused an oscillation in ¿the balance of power¿ & the preservation of the integrity of your two properties'.

'I purpose being in London about the 20th Prox'.

'I am truly sorry to give you so much trouble but to bring this matter to a close one way or other as Mr Wharton has made a sort of offer (!) I meet hi on the principle we set with and will sell him the Spittles field at the same price per acre that I have given you. As the quality of the land is very much better and the danger of its being built upon more imminent than in your case I reserve the coal to make up'.

'Bearing in mind that Mr W has within some fortnight or three weeks expressed his willingness to have given you £2300 for 7 acres it is rather inconsistent for him now to say he is not anxious to (i.e. Dryburn ¿ close) intend 5 acres!'

'Agnes desires me to say how sorry she is not to see Mrs K & yourself before your departure but can make every allowance for the ¿ of circumstance'.

'The commission has been duly executed by the gentlemen appointed, & forwarded to the Bounty Board. I this morning received a letter from the Secretary to say that there would not be a letting till near the end of October. But if they approve the sale, I see no reason to doubt our being able to sign and seal on the old November term'.

'The Railway people have not yet noticed my complaint about the quantity of land taken in those fields'.

'The commission has been duly executed by the gentlemen appointed, & forwarded to the Bounty Board. I this morning received a letter from the Secretary to say that there would not be a letting till near the end of October. But if they approve the sale, I see no reason to doubt our being able to sign and seal on the old November term'.

'The Railway people have not yet noticed my complaint about the quantity of land taken in those fields'.

'I have held an ¿inspeximus¿ upon the debateable land. Your eye was accurate but your inference mistaken. They have drawn a new, or rather resumed their original line thus; the dotted being the line of old rail, the black line of the new'.

'Upon the whole they have disgorged perches, the exact number of which Wall shall, if you approve, ascertain: or if you prefer a mixed commission it shall be so'.

'If I do not hear from London on Monday I shall write requesting the abstract to be put in hand as soon as the board approve the sale without waiting further instructions'.

'Re St Mary le Bow'

'There has been no meeting of the Governors of Queen Anne's Bounty since the return of the previous to the Queen's as to proposed sale. I expect a meeting about the middle of the present month and soon afterwards the result of your proposal will be communicated'.

'My daughter and I have much pleasure in accepting your kind invitation to dinner on Thursday the 9th November at ½ past 6. I have much less pleasure in handing you the enclosed letter [CC/Deeds 9/24/11] from Queen Anne's Bounty, with the additional news that Burder their Solicitor is almost hopelessly ill. This bodes badly for immediate settlement'.

'You have of course received your notice to serve on the Commission of inquiry in poor Thompson's case. What a nuisance this is'.

'I have this moment received a letter from Queen Anne's Bounty office stating that ¿this sale is referred to J. Burder Esq their solicitor, who has instructions to act in their behalf¿. I suppose this means consent, & have by this day's post written him to desire that if I am right he will forward the abstract immediately'.

'By the same post as my last letter to you I wrote to Mr Burder requesting him to forward at once the Abstract of Title to the fields in Framwelgate. I find on my return from the South no answer to my letter, but as I gave your address the papers may have been sent to you'.

'I should wish to see you when convenient to arrange interim measures'

'In consequence of your late domestic affliction I delayed replying to your letter of the 16th & trust from what you state that the abstract of title will soon be here. It should however be clearly understood that the delay being solely on the part of the vendor and the purchase money being ready on the 23rd it is now lying idle at your risk whilst I am entitled to the profits of the Land from that day should sale be completed'.

'I may add that £500 of the money is on deposit receipt at call the interest on which shall be yours from th3 23rd if all goes well'.

'Mrs Johnson joins me in sincere condolence to yourself, Mrs King and family on the late painful event'.

On the reverse a letter from Thomas Ea¿.. 22 November 1854

'I beg to forward you the Elastic Silk & the Elastic Thread Stocking which have been made as near the pattern sent as is possible. The pattern of course having been worn & consequently considerably altered in shape will doubtless fit rather more easily than any new one possibly can. But I doubt not you will find these now sent in every respect to your satisfaction'.

'After my interview with you I wrote both to the commisisoners & solicitor to Queen Anne's bounty. From the former I had a letter this morning informing me that the affair was now in the Solicitor's hands for completion, and that he had forwarded my letter with yours inclosed for his instruction'.

'I am directed to inform you that the Governors of Queen Anne's Bounty have approved the sale to you for the sum £2226.17.6 of 6a 1r 18p of land belonging to this Benefice'.

'I trust I shall be able to send the Draft contract for your approval in a day or so'.

'The Borough Surveyor informs me it is necessary to embody the particulars on Sheet No. 2, in your note of application to the Board will you therefore forward another notice to Mr J. Dickons as early to day as you can'

Endorsed draft letter from Francis Dixon Johnson of 16 December 1854

'I accept Mr Burders understanding about the costs as he gives it'.

'With regard to the alterations which he has made in the boundary since our agreement I do not see how a measurement as you propose will remedy the difficulty. Had the railway contracted their boundary following the same directions, your proposal for measurement of the additional portion thrown upon ¿ might have met the case But as things now stand they have taken away a part of what was to have been mine (and possibly a very valuable part of it) and thrown to my side of this fence instead a portion in part so steep that an animal can literally scarcely stand upon it'.

'As you cannot put me in possession of the identical land agreed for, I suggest that it would be right that value as well as quantity should be considered in adjusting the difference (if any) to be paid for the number of yards as in excess of the original 6.1.18 as measured by Mr Wall on your part and accepted by me'.

'Taking in to consideration the magnitude of any transaction and the nature of the alterations above pointed out in the boundary I cannot but suggest to you consideration whether the interests of the church will not be sufficiently regarded by taking upon this case as a more give & take adjustment of the fence where there is neither gain or loss to either party there having a scintilla in quality may be an equivalent in quantity though had I my choice I should prefer the 6.1.18 as it stands'.

'I inclose the agreement as amended and hope it will be such as you can sign. I extract from Mr Denning's note sent with it the following'.

¿It was not intended that my expenses of examination of the Abstract should be borne by Mr Johnson, but the clause which his solicitors object to was inserted to guard against my being liable to pay their charges of a journey to London to examine the deeds. It must be distinctly understood that the Governors will bear no part of this expense. They will only pay my charges. When the agreement is returned to me executed by Mr Johnson & yourself I will immediately forward the Abstract¿.

'Will you be so good in returning the agreement to mention your acceptance of this understanding?'

'I cannot understand our agreement respecting quantity of land otherwise that that if the Company abandoned any of the land taken beyond their parliamentary limit, it was to be take by you at the pro rata value of the rest. And under your expressed opinion of Mr Walls' measurement would rather join in having the piece in question measured by an impartial person'.

'I have just heard from the Solicitors to Q. Anne's Bounty that they will arrange my expenses as vendor satisfactorily and that they do not require my presence in London. I have therefore relinquished all idea of going up on the 15th of Februay, as I have business in Northumberland about that time. We are in the midst of a snow storm, but I hope this will reach the railway before the country road is blocked up'.

'I shall be glad to hear that your cold has given way and that you are able, if willing, to go to London'.

'I will inform you when I Receive this Conveyance from Mr Davison when you can either send the money direct to Mr Hodgson who will sign the receipt endorsed or you may send it to me and I will take it to him when I hand him the Deed'.

'The usual meetings of the Governors will commence this next week so you will not have to wait long before the seal is affixed'.

'You will bear in mind the £4 to Mr King the proportion of the half year's rent. Please inform me when you have paid this'.

'I presume you satisfied Mr Davison that the property was in an adjoining parish, as in his letter to me he thought it could not be so as the river divides them'.

'Re St Mary le Bow'

'I have received the Bill on Messrs Glyn & Co for £2230.17.6 to the order of Mr Hodgson'.

'The £4 should properly speaking have been paid to Mr King but on handing the Bill to the Bounty Office I arranged that this sum should be handed to me and I will remit it to Mr King'.

'The Deed is now gone for the Archbishops signature and when I receive it and the Governors have been affixed I will send it to you or your Solicitors'.

'Re St Mary le Bow'

'I had hoped that this Deeds would have been sealed on the 15th instant but the Governors did not meet that the seal could be used and on application at the Bounty Office where the Conveyance is with some others I learn that it is quite uncertain when the Board will meet. If you should prefer it I will send you the Title Deeds at once and you shall have the Conveyance the day it is sealed. It is but a few times in the year that the Seal is used and no Deed has yet been sealed this year'.

'Mrs King gave me your message and I wrote thereupon to Mr C. Hodgson, the Treasurer of Queen Anne's bounty. I had a very polite letter from him, admitting that the conveyance had not been sealed in consequence of there being no formal meeting of the Bounty board and promising early attention'.

'Ge states that the money was duly invested in 3 per cents to the credit of St Mary le Bow at 90 5/8: so that he has looked after my Interest at all events. If I can do anything in the way of guaranteeing due completion to enable you to make any use of your purchase and will point it out to me, I shall be happy to carry it out'.

'I should have walked up with this information, but really the roads are impracticable'.

'Re St Mary le Bow'

'I am sorry you are inconvenienced at not receiving your deed of Conveyance but under the circumstances of the case the delay which has arisen is unavoidable'.

'It is generally understood that the Governors do not meet but a few times in the year for executing Conveyances and that the mode of paying the purchase money followed in this instance is usually adopted. I fixed the 15th next as the day for completion as I had every reason to believe the Governors would have then met and need the Seal but such was not the case'.

'Immediately however that the Conveyance is sealed I will forward it to you'.

'The treasurer has received the money forwarded by you by Bill to me and the receipt is signed on the Deed and the money has been invested in Consols to be held in trust for the Living. This was done on the 16 February'.

'I shall send you by mail train tonight the parcel of Title Deeds as you request. You will perceive that they go back to 1724 [CC/Deeds 9/1]. You were restricted from requiring an earlier Title than 1821 to save expence. I believe the earlier Title is unexceptionable'.

'The Schedule of Deeds I enclose with this and when you have compared it with the several documents I shall thank you to return it to me'.

'I return you the Schedule of deeds with my signature as you requested'.

'Although I entirely acquit you of blame in this delay which has occurred in the execution of my conveyance and thank you for your uniform courtesy in this affair I cannot but protest against the unbusiness like conduct of the Governors of Q. A. B. in not fulfilling their agreement and defrauding me of this end for an indefinite time'.

'As representatives of the Established Church it is pre eminently their duty to be tender of the rights of others and to do as they would be done by'.

'Fortunately this delay is no further injurious to me at present than that having paid for the property I wish to be in quiet possession of its title and complete'.

'Re St Mary le Bow'

'I beg to enclose you the Conveyance of the Estate purchased by you from this Living and shall feel obliged by your acknowledging its receipt'.

'Will you have the goodness to hand the enclosed draft to Messrs Ward & Story when you have the opportunity'.

'I saw Mr Hodgson today & shewed him your letter & sketch, to which he has no objections, in fact approves of the proposed exchanges, and the matter rests with yourself, whether it will be carried out or not, by the terms you propose, which please to let me know, as early as convenient to yourself'.

'One thing is quite clear in the matter, that yard for yard, it is a mutual advantage, to carry this out, as to which side the balance lays much might be said on both sides, you can out your own value on my advice, which is to be moderate, it brings no advantage to me but having taken this much trouble, to do what I conceive good, should like to see it carried out'.

'I lose no time in replying to your note of the 5th'.

'I agree with you and Mr Hodgson that the exchange is mutually advantageous but on the part of the Company the benefit is immediate and certain and on mine it may be remote and is a matter of speculation'.

'You will observe that part of the land on the south side of the line that I take in exchange (i.e. give money for) is really unavailable to the company as it would be my road way'.

'I think you will find that the Company will get a considerable quantity of ballast by the proposed exchange which would not improve my ballast account with you'.

'Taking all things into consideration I must have 6s per yard for the additional station room and will allow 1s/3 per yard for the surplus land which will be like ¿found many¿ to the Company and they will get in space and ballast what is highly valuable'.

'Should the Company wish for immediate possession they must satisfy the tenant for his herbage. He is tenant from year to year commencing at Michaelmas'.

'I observe a small encroachment near Oliver's Public House adjoining the viaduct over Framwellgate which will require adjusting'.

'I received yours of the 9th per post this morning & in place of laying it before Mr Hodgson, I will do what you may think I have no business or right to do, viz, to give advice: & which you can accept, or not, as upon consideration you may think best. I stand without any interest in the matter, between you & the Railway Company & can see the advantages to each, by the proposed change, and admitting to a certain extent, that in case of the Company. the advantage would be more immediate, yet I would strongly advise you to alter the terms proposed, as I think to put the Company's land at less than 1/4th of in value to yours is quite out of the way, & would not lead to business. I see very considerable advantage to you on eaqual [sic] terms, but as the proposal is made to you for an exchange, I thought you might ask for some advantage but not to the extent named & I think it would not look well. I hope this will be taken as I intend it i.e. friendly advice'.

Indorsed in Francis Dixon Johnson's hand: 'P.S. If you think the advisors of the Company are too short sighted to accept my offer at once you are quite at liberty to withhold the letter of the 9th & the present and say for me that as the movement comes originally on the part of the Company it would be better for them to make me an offer when I trust under your friendly mediation it will be in a liberal spirit & such as I can accept'

'I have your note and I think it would be much better to have the matter settled and as Mr Harrison, Mr Hodgson & some of the Directors are conning over the line next week, I will Mr H's attention to it when they are there'.

'I have had some trouble to get an answer about the land I advised the Railway Company to buy of you near the proposed goods warehouse and my instructions are that I may agree with you for what was required by the Company at the price you name, but they are not in a position to sell any as they do not know what they require yet themselves. I shall be glad to hear from you get the matter out of my hands'.

Indorsed draft reply 3 September 1855

'On my return from the South on Saturday afternoon I found your letter of the 23rd ult. Which I lose no time in acknowledging'.

'I presume the Company accepts my terms for the corner as understood by you & me. I shall be happy to meet you on the ground any morning this week to have it staked out'.

'The Company to acquire no further abstract of title than the conveyance to me from the Ecclesiastical Commissioners and the price to be paid than 1st November'.

'Any negociation about the surplus land may stand over for the present to meet the convenience of the Company but it be well if they could make up their mind as my road up to & through the arch should be settled as soon as convenient'.

'I fear you will think me inattentive to your letter of the 24th but having only received it on Saturday last on my return home and having to see Mr Howison yesterday at the Penitentiary I delayed my answer until this morning. I saw Mr Howison yesterday and mentioned the contents of your letter as I was not quite clear as to a portion of the site to which you refer'.

'I am sorry to find that your estimate ran so high as I had hoped having the stone brick & sand on the spot comfortable houses might have been erected on this site at a moderate cost notwithstanding the present high rate of wages'.

'The site you have selected is the best I have to dispose of and comprises the garden and out buildings of a house which lets for £14 a year. The lower without the out buildings and garden would I fear be of little value. You will therefore see that the price you offer would be no compensation. I explained to Mr Henderson and to Mr Howison that the price waw 3/6 per yard for the sites calculated t a certain depth from the front and 1/3 for the garden ground. The buildings to be removed (part of which is new) to be a matter of further arrangement. The very inferior sites in the quarry waste (with great quantities of rubbish to move) are being readily traken at 2/6 per yard for site and 1/3 for garden'.

'I have just agreed with the Railway Company for (I believe about a third of an acre it is not yet measured) at 6s per yard on the adjoining field on the other side of the street'.

'You will therefore see that the price I named is a reasonable one and should you accept the site I shall be willing to take some share in the risk to promote the very laudable object you have in view. As to the conveyance of course the purchaser pays for it and the vendor furnishes the abstract of title'.

'I have not yet seen Mr H's plans but should of course wish to do so before entering into any agreement although I doubt not they will be satisfactory as we all bear the sane object in view to erect healthy & creditable dwellings and thus improve the morality & social habits of our poorer neighbours'.

'You will observe that the whole of the broad new street is my loss no charge being made for it'.

The draft is written over a letter from Gilesgate - 'There must be some mistake for I have not received any Inscription for the Gardeners Stone yet or I would have attended to it. I would feel obliged if you would send the Inscription and I will attend to it immediately'.

'I received yours of the 3rd on my return home tonight. I suppose the title will do, but have sent to solicitors of the Company to ask them'.

'When I receive their answer I think we can settle the business in a short interview on the ground, I will drop you a line as soon as I can do so when we can fix a meeting'

'You may think it long in hearing from me, as to our meeting to fix about the land. I expect the Engineers will make up their minds what they require & will then write you & print it out, in order that the quantity may be agreed upon'

'I am sorry to trouble you, but several of my letters written & sent to the post on the 28th ult either did not reach their destination, or were a day behind & I wish to find out how it is can you oblige me by saying when you received yours & if you could send me the envelope so much the better'.

'Yours has been forwarded here, as I have been from home. I will try to get the place at the station ground measured off, it is in hand for I saw a plan of it being laid down on Saturday. I will again see about it'.

'I duly received yours of the 27th inst. I must confess I had forgotten your business at the same time I was not aware until this day when Mr Hodgson informed me that the plan was for you. It came to Durham & the Company's agent set out the lands & I expect he has the plan which I will see to forward to you'.

'I have yours of the 15th inst, I will speak to the Company's man about setting the land out, he did put one or two posts in long ago'.

'They would not take more than shown on the plan, I mentioned their taking the small piece named in yours but Mr Hodgson said they would not require it'.

'I beg to call your attention to the terms of an agreement between the North Eastern Railway Company and myself for the sale to them of about 1500 yards of land (the exact quantity is not yet measured off) for additional space at the Durham Station of the Auckland Branch'.

'The terms agreed to with me in September last by Mr Coil on the part of the company are as follows'.

'Price per yard six shillings to be paid on the 1st of November abstract of title to be merely the conveyance to me from the Ecclesiastical Commissioners. Should the Company require immediate possession they to satisfy tax and also held from year to year commencing Martinmas'.

'At this point the affair has ¿ on since early in last September waiting for the engineers to finally settle and stake out the plot of land required which Mr Hodgson promises to have done today'.

'The land is part of Mr King's Glebe adjoining Framwellgate, you got the part lying on the south of this line and I bought the remainder so you are as well acquainted with the talk as I am and it presumably remains for me to send you abstract of the conveyance to me as above mentioned'.

On the dorse a letter from J. W.Samhome(?) at Gateshead to F. D. Johnson at Aykley Heads 19 January 1856

'The health of Atkinson the present Surveyor of the Durham and Tyne Bridge Road has latterly been failing, and the road in his department has not been attended to do well as could be wished. At the last meeting of the Justices held on Thursday he tendered his resignation which was accepted, his engagement to terminate on the 31st March next, and his successor to be elected at the annual meeting in March. A committee was appointed to make the necessary arrangements with power to fix the salary and define the duties &c, and the Committee are to meet on Thursday next 24th Instant at my offices at 2 o'clock for this purpose. No Durham Trustee happened to be at the meeting on Thursday and in fact latterly the Durham Trustees have not attended frequently which is I think to be regretted, as the interests of the South end of the road should be represented at the meetings'.

'In this reason Mr Edward Johnson nominated you as a member of this Committee, and I shall be glad if you can make it convenient to attend the Committee meeting on Thursday'

'We have not been furnished with particulars of the agreement you referred to in your letter of the 29th ultimo. We have, however, written to Mr Coil, and in regard to the title all we shall want will be the abstract of your Conveyance from the Ecclesiastical Commissioners'

'I am duly in receipt of your favour of the 2nd February and send you herewith a rough and correct abstract of the conveyance you require which I hope you will excuse as I am anxious to have this little affair concluded if convenient to you on the 22nd of this month when I propose being at the Half yearly meeting at York'.

'Since I wrote to you this plot of land has been marked off and correspond to the plan sent to me by Mr Coil containing 1500 yards - price £450'.

'The mines minerals & co are as usual excepted with the usual powers of working'.

'If you will forward me the draft conveyance to me for perusal it shall be returned without delay'.

'Having been disappointed of the purchase on the 1st November I had to get a better accommodation from a friend and the 22nd will save me further trouble'.

'We send for your perusal the draft of your conveyance to the Company which we have prepared in ths usual form. There is no occasion to except in terms the ¿. &c as they do not pass by the Company's Conveyance unless they are expressly purchased & conveyed. See the 77th & following provisions of the Railway Clauses Act where power to work &c is reserved to the owners'.

'We are sorry not to have seen you at our office today to complete the purchase of the additional land agreed to be sold by you to the North Eastern Company, the Conveyance of which with the cheque was all ready & waiting for you. Mr Gutch came out of the Board room shortly after your message was sent in, but you had gone & his clerk who was in the passage had not seen you. We saw you at the meeting but, though we looked out for you afterwards we could not find you. We therefore send herewith the Conveyance & if you will execute it & have it properly attested & return it us we will then forward you the cheque. Endorsed to your order'.

'We feel it our duty to examine the Conveyance to you but knowing with whom we are dealing we will defer doing this till the first opportunity we have when at Durham'.

'We enclose the Company's check for £450 in exchange for the Conveyance which has reached safe, duly executed'.

'With regard to interest we know too little of the terms of contract to judge but if you wish we shall be happy to apply to the Directors at their Finance meeting on Friday week for it. If the Company have had possession since 1st November then we think they should pay interest but of that we are ignorant'.

'We regret that we did not see you here to complete, which seems to have been owing to a message which Mr Gutch never sent. What he said was that he had nothing there for you & could not see you then as he was reading aloud to the Board, & of course he could not come to you at the meeting as he might have been wanted at any moment by the Chairman'.

Parties:
(1) Rev William Clark King, Rector of St Mary, North Bailey alias St Mary le Bow, Durham;
(2) Governors of Queen Anne's Bounty for the augmentation of the maintenance of poor clergy;
(3) Thomas Musgrave, Archbishop of York;
(4) Edward Maltby, Bishop of Durham;
(5) George Bland, Archdeacon of Northumberland and patron of the living;
(6) Francis Dixon Johnson of Aykley Heads, Durham, esquire;
(7) Abraham Story of Durham, gentleman

Reciting:
- (1), by virtue of his office, as seized of (a)-(b) which had been conveyed by direction of (2) in 1821 to Thomas Richard Shipperdson, Rector of St Mary's;
- (a) was in the parish of St Oswald's

Operative Part
- (6) paid £2,2226.17.6 to (2);
- (1), with consent of (2)-(5) conveyed (a)-(b) to 6

Property:
(a) close of ground called Peth Head Close and Dogg Close containing 3 acres, 3 roods, 5 perches;
(b) Windy Hill alias Peth Head Close containing 2 acres, 3 roods, 29 perches;
- recent measurement found (a) and (b) together to contain 6 acres, 1 rood, 18 perches, part having been sold to the North Eastern Railway Company;
- (a)-(b) being in Framwellgate and in occupation of Benjamin Burnell bounded: Auckland Branch of North Eastern Railway and ground of William Wharton, esquire W; ground of North Eastern Railway Company and a garden S; turnpike road from Newcastle to Durham E; hereditaments of John Thompson N as shown on included plan

Witnesses:
- Ralph Robinson of Durham, upholsterer;
- R. A. Douglas Gresley of Bishop Auckland;
- Charles Alfred Thiselton, secretary to the Archbishop of York;
- George Aston of Bounty Office, Dean's Yard, Westminster

Endorsed memoranda:
- that on 5 December 1907 land of one acre (part of Windy Hill) was granted by Charles Lawrence Pemberton Robinson, George Duberly and Cuthbert Francis Dixon Johnson to Ecclesiastical Commissioners of England as an addition to St Cuthbert's churchyard;
- that on the same day 614 square yards of Windy Hill was conveyed by Cuthbert Francis Dixon Johnson to John Lloyd Wharton

(I) CC/Deeds 9/1

(II) CC/Deeds 9/2

(III) CC/Deeds 9/3-4

(IV) CC/Deeds 9/6

(V) CC/Deeds 9/7

(VI) CC/Deeds 9/8

(VII) CC/Deeds 9/10

(VIII) CC/Deeds 9/11

(IX) CC/Deeds 9/12

(X) CC/Deeds 9/13

(XI) CC/Deeds 9/17

(XII) CC/Deeds 9/20

(XIII) CC/Deeds 9/23

(XIV) CC/Deeds 9/25

of 1,500 yards of Peth Head Close sold to North Eastern Railway Company February 1856
Scale 16 feet to 1 inch

of 1,500 yards and 2,300 yards sold to North Eastern Railway Company February 1856
Scale 33 feet to 1 inch

Parties:
(1) Francis Johnson of Gray's Inn (Middlesex), esquire;
(2) Mary Hetherington of Queen Street, Durham, spinster;
(3) Andrew Anderson of Tortola [British Virgin Islands], esquire and John Johnson of Bury (Lancashire), gentleman

Reciting:
- intended marriage between (1) and (2)

Operative Part:
- (3) paid 10 shillings to (1);
- (1) released (a) to (3)

Property:
(a) mansion house and lands containing 80 acres at Aykley Heads in occupation of Joseph Dunn, esquire, Robert Hodgson and Andrew Thompson with all allotments as may be awarded to (1) in the inclosure of Framwellgate Moor and elsewhere in the parishes of St Oswald and St Nicholas and the chapelry of St Margaret

Habendum:
- to (3) in trust: to the use of (1) until the marriage; then to the use of (1) for his life; remainder to the use of (2) for her life as her jointure in full satisfaction of dower and freebench; to the use of (3) for the life of the longer lived of (1) and (2) in trust to support contingent uses; remainder to the children of (1) and (2) as directed by (1) of in his will; in default to every child of (1) and (2) equally; with further provisions

Witnesses:
- Thomas Graham of Lincoln's Inn;
- Francis Bacon, clerk to Mr. Bentham of Lincoln's Inn;
- Elizabeth Rippon of Queen Street, Durham;
- John Rippon of Queen Street, Durham

Parties:
(1) James Cornwallis, Bishop of Lichfield and Coventry and Dean of Durham, with the chapter of Durham cathedral;
(2) Francis Johnson of Durham, gentleman

Operative Part:
- (1) demised (a)-(b) to (2)

Property
(a) Messuage or burgage in Sidegate, Chester Ward, Durham at Framwellgate Head abutting the king's street S and on ground of Crook Hall W, N and E;
(b) little close of 1 acre adjoining N side of (a) and formerly in occupation of Hugh Hutchinson, then of John Dixon

Habendum:
- To (2) for 40 years from 24 September 1804 paying rent of £1.2.0 per annum to (1)

Parties:
(1) James Cornwallis, Bishop of Lichfield and Coventry and Dean of Durham, with the chapter of Durham cathedral;
(2) Francis Johnson, late of Durham, now of Aykley Heads, gentleman

Operative Part
- (1) conveyed (a)-(b) to (2) for £60.17.6 and for the separate sum of 5 shillings to redeem Land Tax

Property
(a) Messuage or burgage in Sidegate, Chester Ward, Durham at Framwellgate Head abutting the king's street S and on ground of Crook Hall W, N and E;
(b) little close of 1 acre adjoining N side of (a) and formerly in occupation of Hugh Hutchinson, then of John Dixon

Habendum
- to (2) for ever, discharged from Land Tax

Parties:
(1) Francis Johnson of Aykley Heads, esquire;
(2) Francis Dixon Johnson of Aykley Heads, esquire

Reciting:
- CC/Deeds 10/1-2;
- (1) had three issue: (2); Anna Elizabeth Johnson and Sarah Eleanor Johnson

Operative Part:
- in consideration of an impending marriage between (2) and Agnes Harrison Greenwood of Palefield, Manchester (Lancashire), (1) directed, limited and appointed (a) to (2);
- (1) covenanted with (2) to stand possessed of all real estate purchased from Sir Robert Eded, bart, and Mr Bainbridge at Aykley Heads and in occupation of (1), John and William Hall, Richard Rutherford and Anthony Sharp and of land allotted to (1) on the division of Framwellgate Moor

Property:
(a) mansion house and lands containing 80 acres at Aykley Heads in occupation of (1), Robert Morgan and Richard Morgan with all allotments awarded to (1) in the inclosure of Framwellgate Moor and elsewhere in the parishes of St Oswald and St Nicholas and the chapelry of St Margaret

Habendum:
- to (2) for ever subject to the life estate of (1) and Mary, his wife [annotated 'died on the 6th April 1851 was buried at cathedral'] and charged with £4,000 for the benefit of Anna Elizabeth Johnson as her portion (Sarah Eleanor being separately provided for)

Witnesses:
- Abraham Story of Durham, solicitor;
- Daniel McNiel of Aykley Heads, gardener

'By accident we omitted to write to you on Saturday to explain an error made in our advice of the purchase of North Eastern local stock which was bought at 55 per lt'.

'We find however that a corrected account was sent in'.

'Had the order arrived a day later the exchange would have been affected on better terms'.

- bequeathing £100 each to her cousins Caroline Ellen Anderson and Anna Elizabeth Anderson;
- bequeathing: £10 to her Goddaughter Mary Anne Moore, daughter of her cousin Richard Moore; £10 to her doctor Mr Shaw; £5 to Ann Lister of New Elvet, widow; £5 to Daniel MacNiel, gardener at Aykleyheads; £5 to Clare Rodham, nursery maid at Aykleyheads;
- bequeathing all her jewels and trinkets to her Goddaughter and eldest niece Agnes Sarah Johnson;
- bequeathing her wearing apparel to her sister Sarah Eleanor Johnson;
- devising her real estate and bequeathing the residue of her personal estate to her brother Francis Dixon Johnson of Aykleyheads, esquire in trust for half part to pay annuity to her sister Sarah Eleanor Johnson for her sole use, remainder in trust for any child she might have; the other moiety to the use of Francis Dixon Johnson;
- appointing Francis Dixon Johnson sole executor
- witnesses: Elizabeth Askquith, cook at Aykleyheads; Ann Sewell, housemaid at Aykleyheads
- attached probate reciting death of Anna Elizabeth Johnson at Aykley Heads on 21 May 1859; granted at Durham 18 June 1859

Parties:
(1) Francis Dixon Johnson of Aykley Heads, esquire;
(2) John Stevenson of Middlesborough (Yorkshire), ironmaster, Richard Machell Jaques of Easby Abbey (Yorkshire), esquire and Joseph Dodds of Stockton, esquire MP - co-partners in Framwellgate Coal Company

Operative Part
- (1) conveyed (a) to (2) for £2,000

Property (as shown on included plan):
(a) land containing 10 acres in Framwellgate bounded: part N by property of William Brignal; part N by property of Anthony Brignal; land of John Fawcett, esquire S; land of (1) W; land late of Anthony Brignal part E; a garden of (1) part E; turnpike from Durham to Tyne Bridge E

Habendum:
- to (2) in trust as part of joint stock as partners in trade

Covenants:
- by (1) to deliver scheduled deeds;
- by (2) to erect a fence or wall on W side;
- by (2) to pay tithe commutation rent charge of £3.4.3

Schedule:
- CC/Deeds 10/1-2
- CC/Deeds 10/5

Witness:
- J. Maddison of Durham, solicitor

Attested by John Heaton and John Alexander, clerks to J. Maddison

'I am sorry I was not in when you called. I never spoke of any other form of the 10 acres but that given with the agreement nor did I ever receive from Mr Dodds a suggestion for a different return boundary. However this change might be made recording [sic] to your dotted line to the purchasers removing the piece of fence that would have become useless, without much inconvenience'.

'With regard to the proposed new agreement for 3 acres the difficulty is that a little more or less land is not so material to me as to get such a small sum as would make it worth while to admit onto the property such questionable neighbours as a Pit village'.

'Without prejudice there to what I consider a settled bargain, & one by no means disadvantageous to you for the extra land might become very valuable in your hands, I would suggest that you make me an offer for 3 acres across the north and next W. Brignall's in accordance with the above principle'.

'Let this be substituted for your sentence beginning [?] I would suggest'.

'I can only say if you like to make me an offer for the 3 acres in accordance with the above principle I will give all due consideration to it but really cannot see that any reduction could be made in the lump sum which would be worth your while to alter the agreement for & would rather it be carried out as it is'.

'Messrs Dodds & Co insist that if the right of road over the path separating the two fields is to be retained the quantity of the road ought to be deducted from the plot to be conveyed to their clients, so as to give them a clear 10 acres. I shall be glad to know if you will agree to this. An early reply will much oblige'.

'Stevenson Jaques & Co & Johnson'

'We are in receipt of your letter of yesterday and regret this agreement is not yet settled. We cannot understand how if the plan was originally correct when the site of the road was included it can be correct now that the site is excluded nor do we understand what you say as to this being a private road and that Mr Johnson cannot give the purchasers a right of road over it. If we correctly understand the matter this is a road set out under the award for the use of the owners and occupiers of certain lands the land proposed to be purchased by our clients forming part of these and if we are correct then there can be no reason why the power to use the road should not be granted to our clients and if your client persists in his refusal to grant a right of way over it we shall advise our clients not to proceed further with the requisition however we observe from your letter that the site shewn upon the plan does not agree with the road as set out upon the award plan and your letter seeks to fix our clients through us with notice of this. How far this may interfere with the purpose for which our clients propose to purchase the land we cannot tell but the matter must be made perfectly clear before we can complete the agreement'.

'It would almost seem as if there would be two roads through the property, one, that set out under the award, the other that retained in accordance with the agreement. If you choose to send us an extract from the award shewing the situation of the road we shall be able to explain it to our clients and probably to satisfy them but your letter almost makes us despair of coming to any satisfactory arrangement'.

'With regard to interest it is unreasonable to expect that we should pay it except from the time when terms are actually arranged between us and we are yet at issue upon a very important point'.

'Our clients have certainly never taken possession of the land as purchasers nor will they do so until we inform them that everything is arranged'.

Endorsed with letter from J, Maddison to Francis Dixon Johnson of 1 September 1874

'I have had a long correspondence with Messrs Dodds & Co but they still insist on some most unreasonable concessions. On examining the award plan I found that the road was set out a little further to the north than the road actually in use. Messrs Dodds & Co are at once in arms on this point. I beg to send you enclosed a copy of their letter of yesterday. I presume this road has been used as at present for the last 30 years or more? I should be glad to see you or to have your views before I reply to their letter'.

'I am glad to say that the agreement for the sale to Messrs Stevenson & Co has at last been finally settled & I now beg to enclose you the agreement for your signature & shall feel much obliged if you will be good eno' to sign & return it to me tomorrow as I have arranged to meet Messrs Dodds & Co & exchange agreements at the station on Friday at 11 o'clock'.

'I beg to send you per bearer the deeds & papers relating to your Aykley Heads Estate handed by you to me some months ago. I also beg to send you plan of the estate with small tracing * memoranda enclosed. With the deeds you will find an attested copy of the conveyance o Messrs Stevenson Jaques & Co'.

'I have not yet been able to ascertain the exact quantities of the field but hope to do so tomorrow'.

'I beg to enclose you as requested my account against you for the years 1873 & 1874 amounting to £21.4.3. Add to this my account for rentcharge sent you on 26th October last £4.4.0. Total £25.8.3'.

'Please acknowledge receipt of the deeds &c.'

'I am favored with your letter of yesterday'.

'I do not recollect our having agreed to remove the fence referred to but I find in your letter of June 3rd 74 that you wrote ¿the purchasers removing the piece of fence that would have become useless¿. Nothing has since been said of this to my knowledge but as it appears that you had intended us to remove the fence we shall make no objection to doing so and I shall give instructions accordingly'.

'I called upon you this morning but did not find you at home'.

'Referring to the proposed Agreement for cottage sites near Framwellgate there appears to be some difference between the plan in the draft & the shape of the land as Mr Dodds understood you to offer it. Your plan shews the site per this sketch whilst Mr Dodds states that the northern boundary would be more correctly indicated by the dotted line. This however it not what I wished to see you principally about'.

'We find that we do not regain so much land as at first named & I should be obliged by you kindly offering say three acres off your northern boundary & adjoining Mr Brignall's land instead of this 10 acres comprised above'.

By Richard Hutchinson to Christopher Johnson, administrator, for all goods and chattels of John Dixon, with his will annexed and £50 legacy bequeathed to him and £1.17.6 in full for interest since Dixon's death; witnessed by Christopher Christopher.

By Swainston Harrison to Christopher Johnson, administrator of the will of John Dixon, for £100 legacy bequeathed to Mary Colpitts, Harrison's wife, with £3.13.4 interest from Dixon's death. Indorsed receipt by Thomas Colpitts of the same date for receipt of £103.13.4

'By this abstract it appears that the Freehold closes which were purchased of Mr George Dixon in the year 1706 are now vested in the Heirs at Law of the Survivor of Dr Francis Johnson & Francis Potts in Trust for Mr Francis Johnson of Aykley heads his Heirs and assigns. But it also seems to me from a copy of Mr George Dixon's will That the House at Aykley Heads stands upon copyhold Ground and that there are also some copyhold lands there of which no account is given in this abstract. There also some other Things concerning which it behoves a mortgagee to have Satisfaction (Viz) in the first place with respect to the Legacy of £800 to Tabitha the Sister of Mr John Dixon now the wife of Mr Christopher Johnson. There is no release for this Legacy: It is therefore a Lien upon the Estate: a mortgagee should be well satisfied That upon the marriage of Mr Christopher Johnson there was no Settlement or Articles made: If there was any Settlement or Articles, I conceive that Mr Christopher Johnson's release for that Legacy now would not avail. The Legacies of £100 to Mary Colpitts of £50 to Richard Hutchinson given by the will of Mr John Dixon should also be released when the intended mortgagee is satisfied in the several particulars above mentioned and that Mr Francis Johnson of Aykley Heads is of the full age of twenty one. I am of opinion he may gave a good Title made to him of the Freehold Closes, by the Heir at Law & the Survivor of Dr Johnson & Francis Potts and by Mr Francis Johnson of Aykley Heads and having the Title Deeds mentioned in this abstract and the original wills of Mr George Dixon and John Dixon respectively and releases for the several Legacies delivered to him'.

'Upon my producing to Mr Cuthberts the Opinion of Mr Fawcet, he told me that every objection Mr Fawcett had made was to be removed before he could proceed any further; and therefore no more Business was done on Tuesday. And in order to make you the better understand the Substance of Mr Fawcett's opinion, I send you Enclosed a copy of it. Mr Fawcett takes notice that the House is built upon the copyhold and the Title to it is not set forth in the abstract. In answer to this, Mr George Dixon who died in the year 1736 did obtain a Grant from the Bishop to inclose a piece of Ground from the common near Aykleyheads and did build a little House upon it but the commoners would not suffer the Ground to be inclosed, and the House was pulled down. The House at Aykley heads was rebuilt by the late Mr Dixon in 1762 and stands upon the ancient Freehold House, and where the old mansion house formerly stood. As Mr George Dixon by his will particularly mentions this piece of copyhold to be surrendered to Mr Mowbray to the use of his will. I send you enclosed an abstract of that Surrender, and from a Description of the parcels it clearly appears that the Ground intended to be inclosed adjoined upon the House and Hedges at Aykleyheads, and though mentioned in Mr George Dixon's will no part of the premises in my possession'.

'With respect to the Legacy of £800 given to my wife and payable to her, after her Mother's Death, who survived the Son, that Legacy was never paid nor was there any Kind of Settlement made upon our Marriage, for which Legacy I have prepared a release'.

'I have the original receipts for the two Legacies of £100 & £50 mentioned in the will of Mr John Dixon'.

'Mr Fawcett is of opinion that the original wills of Mr George Dixon and John Dixon should be delivered with the original Title Deeds. I have found one part of the original will of Mr George Dixon, and I believe there was two parts of Mr John Dixon's will one of which is now in the Spiritual Court, and other was sent to London some years ago, and when I shall be able to get it, I do not know. I have wrote for (and probably may receive) Tuesday next, but if I should not hope the want of it will be no Hindrance to our Business as the original is in court, and the probate with the Title Deeds'.

'I have procured a copy of the register of the Baptism of my Son Francis Johnson who was born in August 1757 so that he is now in the 23rd year of his age'.

'Mr Cuthberts desires to have a conveyance from Francis Johnson the Heir at Law of Dr Johnson the surviving Trustee, but if he execute the conveyance already proposed, I should hope that would be sufficient for the present, if not, I could wish to have such a one drawn as would be thought proper, and for that purpose I trouble you with a copy of Mr Dixon's will enclosed'.

'The above being the best answer I am able to give to Mr Fawcett's Queries, hope it will be sufficient to induce Mr Cuthberts to advance the money through your assistance & for that purpose will wait on you and him at any Hour you'll fix and a Line from you in the mean Time at your Leisure will confer an obligation on'.

'I will send a man to wait upon you for a Line on Friday at 12 o'Clock as the time for payment draws nigh'.

Awarding the following to Francis Johnson:
(1) plots of 5 acres, 1 rood, 36 perches on Framwellgate Moor bounding: Francis Johnson's ancient inclosed lands and mansion E; turnpike road W; 26th allotment to Robert Hopper Williamson N; drawing to a point S;
(2) plots of land of 6 acres, 3 roods, 3 perches on Framwellgate Moor bounding: turnpike road E; (5) W; Folly private carriage road N; allotment to Thomas Wilkinson of Oswald House, 1st allotment to John Linsey and 14th allotment to Robert Richardson S;
(3) plots of land of 19 acres, 3 roods, 31 perches on Framwellgate Moor bounding: turnpike road E; (4), 9th allotment to John Fawcett, 9th and 10th allotments to John George Lambton and Folly common quarry or gravel pit W; Potter Moor Road N; Folly private carriage road and (4) S;
- (1)-(3) were awarded in right of freehold mansion and other freehold messuages and lands at Aykley Heads and a small close at Framwellgate all lately held by lease from the dean and chapter of Durham cathedral but now enfranchised under a law for sale and redemption of Land Tax;
(4) plot of land of 4 acres, 1 rood, 20 perches on Framwellgate Moor bounding: (3) E and N; 9th allotment to John Fawcett W; Folly private carriage road S; awarded in right of three ancient messuages in Durham, St Nicholas claimed for John Thompson (trustee and executor of William Wharton), Jane Hall and William Hall her son and William Gibson who had sold to Francis Johnson;
(5) plot of land of 2 acres, 2 roods, 36 perches on Framwellgate Moor bounding: (2) E; (6) W; Folly private carriage road N; 13th and 14th allotments to Robert Richardson S; in right of two ancient messuages in Durham, St Mary le Bow;
(6) plot of land of 1 acre, 2 roods, 4 perches on Framwellgate Moor bounding: (5) and 13th allotment to Robert Richardson E; (7) W; Folly private carriage road N; 13th allotment to Robert Richardson and 1st allotment to mayor and aldermen S; in right of ancient messuage in Durham, St Nicholas, late claimed by Thomas Ewbank and held by lease from dean and chapter of Durham cathedral until enfranchised, Ewbank then selling to John Liddell who sold to Francis Johnson;
(7) plot of land of 1 acre, 3 roods on Framwellgate Moor bounding: (6) E; (8) W; Folly private carriage troad N; 1st allotment to mayor and aldermen S; in right of an ancient messuage in Durham, St Nicholas sold by Robert Liddell to Francis Johnson;
(8) plot of 2 acres, 2 roods, 27 perches on Framwellgate Moor bounding: (7) E; (9) W; Folly private carriage road N; 1st allotment to mayor and aldermen S; by virtue of ancient messuage in Durham, St Nicholas, sold by Daniel Wilde to John Liddell who sold to Francis Johnson;
(9) plot of 2 acres, 34 perches in Framwellgate Moor bounding: (8) E; 5th allotment to John Fawcett W; Folly private carriage road N; 1st allotment to mayor and aldermen S; in right on an ancient messuage in Durham, St Nicholas held as copyhold of Manor of Gilligate held by Daniel Wilde who sold to John Liddell who sold to Francis Johnson

- devising and bequeathing all real and personal estate to his daughter Margaret, remainder, if she died childless, devising his lands at West Brandon to his uncle Roger Kirkby according to the will of testator's late grandfather John Browne;
- appointing his father-in-law Michael Hall, uncle Roger Kirkby and uncle Thomas Gill to manage his estate for the best advantage of his daughter;
- witnesses: George Tunstar; Thomas Hall; Alice Cooper [by mark]

- by William Eden, 1st Baron Auckland;
- reciting will of Sir John Eden, baronet of Windlestone of 31 August 1792 devising to his father-in-law Peter Johnson, esquire and his brother Lord Auckland and son-in-law Henry Methold as trustees, esquire all his real estate in Preston on Tees, Norton, West Brandon and South Brandon in the parish of Brancepeth, Redworth in the parish of Heighington, Ramshaw and Coxhouse and in the chapelry of Crossgate near Durham and the residue of his real estate in Bishop Auckland purchased from Robert Chaloner, all his real estate in Heworth (North Yorkshire) and his dwellinghouse in Downing Street, London in trust for sale;
- reciting the testator's devising and bequeathing to the trustees all leasehold property held by him as trustee (except property at Westerton which he bequeathed to his son Morton John Eden) to be held in trust for his son Robert;
- reciting the testator declaring a fire engine and several coal gins and other colliery stock in his coal mines at West Auckland should be vested in the trustees discharged from incumbrances;
- bequeathing the residue of his personal estate to the trustees whom he also appointed executors;
- testamentary paper by Sir John Eden off 3 September 1799 appointing £10,000 charged on his Durham estates with payment of his debts and appointing his son Robert sole executor;
- reciting death of the testator leaving his eldest son Sir Robert as his heir at law;
- reciting the deaths of Henry Methold and Peter Johnson in the lifetime of the testator;
- renunciation of executorship and trusteeship by Lord Auckland;
- witnesses: A. Wedderburn and James Low;
- attested 26 May 1813 by George Grainger and Ralph Harrison, clerks to Mr Hopper

(I) Pedigree showing
- marriage of Sir Robert Eden (d. March 1720) with Margaret Lambton (d. 2 July 1730); their children Sir John (d. 2 May 1728), Robert, Thomas, Lambton, Henry, Mary, Catherine, Elizabeth, Ann, Hannah and Mary;
- marriage of Sir John Eden with Mary Davison and their children Sir John (d. August 1812), Catherine, Robert (afterwards Sir Robert), William ('now Lord Auckland'), Thomas, Mark, Dulcibella, Henry, Timothy, Morton ('now Lord Henley') and Mary ('now Mrs Richardson');
- marriage of Sir John with Thompson and after her death with Dorothea Johnson and their children Dorothea ('married H. Methold'), Maria('married Lord -'), Catherine ('married R. E. Duncombe Shotton esquire'), Robert ('now Sir Robert the vendor'), Dulcinella, Morton, Ann, Emmeline, Eleanor ('married Thomas James Wilson') and Charlotte ('married John Granville MP')

(II) Bargain and sale 26 November 1653

Parties:
(1) Thomas Billingham of Crooke Hall, esquire;
(2) John Lambton of Framwelgate in the suburbs of Durham, gentleman

Operative Part
- (1) bargained and sold (a) to (2) for £150

Property:
(a) messuage and garth in Framwelgate formerly in occupation of Master Marly Billingham, then of John Games, gentleman and at S end of Jeggers Close;
(b) arable called Jeggers Close in occupation of Thomas Richardson of Claypath, Durham, vintner;
(c) 3 closes called Lowick Haughs in occupation of George Kirby of North Bailey, Durham;
- (a)-(c) formerly part of the Manor of Crook Hall and were expectant on the lease for the life of Cuthbert Billingham, brother of (1)

Habendum:
- to (2), to the use of (2) for ever

(III) CC/Deeds 12/1

(IV) Marriage settlement 3 December 1672

Parties:
(1) Margaret Lambton of Framwelgate spinster;
(2) James Mickleyon of Durham, esquire, Michael Hall of Durham, gentleman and Thomas Robson of Tofthill, gentleman

Operative Part
- (1), in consideration of her forthcoming marriage with Sir Robert Eden, baronet, son of John Eden of West Auckland and in performance of an agreement of 30 September 1672 between (i) John Eden, (ii) Sir Robert Eden, (iii) Elizabeth Hall of Framwelgate, widow and Margaret Lambton, released (a)-(d) to (2)

Property:
(a) messuage in Elvet in occupation of Katherine Salvin, widow;
(b) mesauage and garth on backside n Framwellgate in occupation of jnoYounger;
(c) parcel called Jeggers Close in occupation of William Heighington, gentleman;
(d) 3 closes called Lowick Haughs in occupation of Jarrard Welbury - part of Manor of Crookhall

Habendum:
- to (2) for the lives of (1) and Sir Robert Eden, remainder to the use if the heirs of the bodies of (1) and Sir Robert Edward, in default to the use of the right heirs of Sir Robert Eden for ever

(V) Marriage settlement of 20 December 1715

Parties:
(1) Sir Robert Eden of West Auckland, baronet and Dame Margaret, his wife and John Eden of West Auckland, esquire;
(2) Mark Shafto of Whitworth, esquire and Katherine, his daughter;
(3) William Bacon of Newton Capp, esquire and John Rudd of Durham, esquire;
(4) Robert Shafto of Whitworth, esquire and Matthew Whitfield of Wolsingham, esquire;
(5) Rev Leonard Shafto of Gateside

Operative Part
- in consideration of an intended marriage between John Eden and Katherine Shafto and of £4,000 paid by Mark Shafto to John Eden as marriage portion of Katherine and to make provision for Dame Margaret Eden in case she survived Sir Robert Eden and for 5 shillings paid by (3) to Sir Robert Eden and John Eden, (1) bargained and sold (a)-(d) (among other messuages and lands) to (3)

Property:
(a) lands in Durham, St Oswald in occupation of Catherine Huntley and Thomas Saxton;
(b) all real estate of (1) in West Auckland, Saint Helen Auckland, Redworth, Windlestone, West Brandon, Elvet and Durham, St Oswald

Habendum:
- to (3) until a common recovery was suffered in which Matthew Whitfield would be demandant, (3) tenants and (1) vouchees; then holding property in West Brandon, Windlestone and Elvet to the use if John Eden for life, remainder to the use of (3) during the life of John Eden in trust to preserve contingent remainders, remainder to allow a £400 annuity to Catherine Shafto for life as her jointure in lieu of dower, remainder to the male offspring of John Eden and Catherine Shafto in tail male, in default to the use of (5) and John Rudd for 600 years , to the use of Sir Robert Eden and his heirs in tail male, in default to the use if Sir Robert Eden for ever

Catherine Shafto signed by mark

(VI) Common recovery of 2 March 1716 in which Matthew Whitfield was demandant, William bacon and John Rudd were tenants and Sir Robert Eden, baronet and Margaret, his wife and John Eden were vouchees of forty messuages, two thousand acres of land, one thousand acres of meadow, two thousand acres of pasture, two hundred acres of wood, two thousand acres of furze and heath, a water cornmill and common of pasture for all cattle with appurtenances in West Auckland, St Helen Auckland, Redworth, Windlestone, West Brandon and Elvet in Durham, St Oswald and Auckland Saint Helen with all tithes in Auckland Saint Helen

(VII) Lease and release 1 and 2 February 1738

Parties:
(1) Sir Robert Eden of West Auckland, baronet;
(2) Thomas Rudd of Durham, esquire;
(3) John Shafto of Whitworth, esquire;
(4) Thomas Eden of Durham, doctor of laws and Thomas Davison of Ferryhill, esquire

Operative Part
- to dock and bar estates in tail and expectant reversions and remainders and for 5 shillings paid by (2) to (1), (1) released (a)-(b) to (2) and (c) to (4)

Property:
(a) land in parish of Durham, St Oswald in occupation of Bartholomew Brownless and James Carr;
(b) all other lands of (1) in Durham, St Oswald;
(c) property in West Auckland

Habendum:
- (a)-(b) to (2) to make him tenant of the freehold in a common recovery in which (3) would be demandant and (1) vouchee

(VIII) Common recovery at Durham on 13 February 1739 in which John Shafto was demandant, Thomas Rudd tenant and Sir Robert Eden vouchee of forty messuages, forty cottages, one water corn mill, six gardens, six orchards, two thousand acres of land, one thousand acres of meadow, two thousand acres of pasture, two hundred acres of wood, two thousand acres of furze and heath, mines of coal, quarries of stone and common of pasture for all cattle with appurtenances in West Auckland, Saint Helen Auckland, Evenwood, Redworth, Preston upon Skerne, North Bedburn, Hamsterley, Windlestone, West Brandon and Elvet in parishes of Durham, Saint Oswald, Auckland, Saint Andrew, Saint Helen Auckland, Aycliffe, Heighington and Brancepeth with all tithes in Auckland Saint Andrew and St Helen Auckland

(IX) Probate of will of Sir Robert Eden of 4 August 1751
- devising all real estate to his wife, his mother Dame Catherine Eden, his uncles Rev Dr Thomas Eden, prebend of Durham, Thomas Davison esquire of Ferryhill and his brothers-in-law Morton Davison and Thomas Davison, esquires to permit his wife to enjoy his house and furniture in South Bailey, Durham for her life, remainder in trust for his son John Eden;
- devising and bequeathing the residue of his real and personal estate in trust to pay debts and legacies, then in trust for his son John Eden
- directing payment of an annuity of £30 to his mother for her life;
- bequeathing to his younger children money sufficient to make up their portions provided for them in his marriage settlement, £2,000 each;
- bequeathing £200 to his wife;
- appointing his wife, mother, uncles and brothers-in-law executors and guardians of his children under 21 years

(X) Codicil to the will of Sir Robert Eden 16 June 1755
- revoking a former codicil lying in his bureau at Windlestone;
- appointing his burial in West Auckland churchyard with £300 apportioned as funeral expenses;
- appointing his wife to use the field called The Hills and two little fields adjoining his garden and so much of the field in which was The Avenue, all at Windlestone, until his son John was 21;
- directing that all children born since his will should have the same provision as those younger children born before his will;
- requiring his brothers-in-law Morton Davison and Thomas Davison to be executors, trustees and guardians of his children

(XI) Proof of the will of Sir Robert Eden in Prerogative Court of York on 2 December 1755

(XII) Release of 23 April 1766 by Robert Eden, lieutenant in Coldstream Guards and a younger child of Sir Robert Eden for his legacy

(XIII) Release of 7 October 1767 by William Eden of Inner Temple, a younger child of Sir Robert Eden for his legacy

(XIV) Release of 6 June 1768 by Matthew Bell the younger of Newcastle upon Tyne (Northumberland) and Dulcibella, his wife, a younger child of Sir Robert Eden for her legacy

(XV) Release of 7 October 1769 by Thomas Eden, mariner, a younger child of Sir Robert Eden for his legacy

(XVI) Release of 15 February 1769 by Robert Eden of Percy Street, St Pancras in the Fields (Middlesex) a younger child of Sir Robert Eden for his legacy

(XVII) Release of 22 January 1770 by Catherine Eden of Durham, spinster, a younger child of Sir Robert Eden for her legacy

(XVIII) Release of 17 September 1774 by Morton Eden of All Souls College, Oxford, a younger child of Sir Robert Eden for his legacy

(XIX) Lease and release 23 and 24 February 1786

Parties:
(1) Dame Mary Eden;
(2) Sir John Eden, baronet

Reciting:
- (IX);
- the personal estate of Sir Robert Eden had been applied to the legacies to his children and that all debts and expenses had been paid;
- (1) had survived all other executors and trustees of (IX)

Operative Part
- (1) released (a) to (2) for 10 shillings

Property:
(a) all real estate in (IX)

Habendum:
- to (2), to the use of (2) for ever

(XX) Marriage settlement 23 and 24 March 1767

Parties:
(1) Sir John Eden, baronet of Windlestone;
(2) Dame Mary Eden of Durham, widow of Sir Robert Eden and mother of (1), Dame Catherine Eden of Durham, mother of Sir Robert Eden; Morton Davison of Beamish, esquire and Thomas Davison of Beamish, esquire (all surviving executors and trustees of Sir Robert Eden);
(3) Peter Johnson of York (Yorkshire), esquire and Dorothea Johnson, his daughter;
(4) Robert Shafto of Whitworth, esquire and Charles Pyott of St Martin's Hill (Kent), esquire;
(5) Henry Willoughby of Birdsall (Yorkshire), esquire and Thomas Goodfellow Shafto, Rector of Brancepeth

Operative Part
- in consideration of impending marriage of (1) with Dorothea Johnson and for £10,000, part of her marriage portion, (1) and (2) released (a)-(b) to (4)

Property:
(a) Manor of Brignal;
(b) Manor of Windlestone

Habendum:
- to (4); to the use of (2) for trusts in (IX) until the marriage, then to the use of (1) for his life, remainder to the use of (4) during the life of (1), remainder to (4) to allow an annuity of £600 to Dorothea for her life; to the use of (5) for 500 years in trust then (b) to the use of sons of (1) and Dorothea in tail male, in default to the use of (1) with power for raising portions for daughters and younger sons;
- with numerous provisos

(XXI) Will of Sir John Eden 31 August 1792
- confirming (XX) and noticing the term of 500 years for raising portions for his daughters and younger sons;
- stating that by his late wife he had issue Robert, his eldest son, Morton John, his second son who would inherit manors, lands, coal mines etc under the will of his uncle Morton Davison, and several daughters;
- appointing that Henry Willoughby (then 5th Baron Middleton) and Thomas Goodfellow Shafto should raise £13,000, residue of a sum of £15,000, to be divided equally between his seven daughters: Maria; Catherine; Dulcibella, Anne, Emmeline, Eleanor and Charlotte, his eldest daughter Dorothea Methold having already had her share on marriage;
- appointing that is any daughter died before age 21 or marriage her share should be divided amongst her sisters;
- devising to his son Morton John a cottage at Westerton and bequeathing to him all books at Beamish House and all deer in the park;
- directing that a valuation be made of all geldings and mares used in pits and wagons in his collieries along with carts, cart gear, wagons, wood for wagon ways, timber cut for use, coals and cinders in his collieries at Beamish, which Morton John should pay to receive;
- devising all real estate in Preston upon Tees, Norton, West Brandon and South Brandon in the parish of Brancepeth, Redworth in the parish of Heighington, Ramshaw and Coxhouse and in the chapelry of Crosgate near Durham and in Bishop Auckland purchased from Robert Chaloner and real estate at Heworth (North Yorkshire) as well as his dwellinghouse in Downing Street, London to his father-in-law Peter Johnson, his brother William Eden, 1st Baron Auckland and his son-in-law Henry Methold in trust for sale, applying the monies towards paying his debts, legacies etc;
- devising his manors to his son John for ever;
- devising leasehold property to his trustees (except the cottage in Westerton given to Morton John Eden) in trust for his son Robert;
- reciting that he had 'at very great expense' built a fire engine and several coal gins at West Auckland as well as horses and stock to be used in his collieries and vesting them in his trustees freed form incumbrances in trust for the person entitled to the freehold of his mansion at West Auckland;
- declaring that his plate, linen, pictures, books and furniture at Windlestone should be regarded as heirlooms and enjoyed by the person entitled to the rent of the property and that an inventory of them should be made;
- bequeathing his unbequeathed jewels, rings and trinkets to his son Robert;
- bequeathing all meat, drink and coals at Windlestone to Robert;
- bequeathing the residue of his personal estate to his trustees in trust for sale;
- appointing his trustees as executors and making them guardians of his children under 21

(XXII) Testamentary paper of Sir John Eden of 3 September 1799
- reciting a recent common recovery of his estates at Morton Palmers and Little Burdon which were charged with £10,000 which he appointed be used to help pay off his debts;
- appointing his son Robert sole executor

(XXIII) Testamentary paper of Sir John Eden of 3 December 1805 noting that his marriage settlement had settled £15,000 on his younger children and he had intended giving £2,000 each to his eight daughters, but had lost two of them and intended giving £2,500 each to the two remaining

(XXIV) Death of Sir John Eden on 23 August 1812 and proof of his will on Prerogative Court of York

(XXV) CC/Deeds 12/2

(XXVI) Lease and release 19 and 20 April 1813

Parties:
(1) Sir Robert Johnson Eden, baronet of Windlestone;
(2) Thomas Hopper of Durham, esquire;
(3) George Grainger of Durham, gentleman

Operative Part
- to bar and extinguish all estates in tail, reversions and remainders and to vest inheritance in (1) and for 10 shillings paid him by (2), (1) released (a)-(b), amongst other property, to (2)

Property:
(a) messuage and lands, tithes etc in Framwelgate in the chapelry of Crosgate and parish of Durham, St Oswald in occupation of William Sharpe, Shireff Middleton and Ralph Bainbridge;
(b) all other real estate in Framwellgate

Habendum:
- to (2) to make him tenant in a common recovery in which (3) would be demandant and (1) vouchee

(XXVII) Common recovery 7 May 1813 in which George Grainger was demandant, Thomas Hopper tenant and Sir Robert Johnson Eden vouchee of Manor of Windlestone, thirty cottages, one thousand acres of land, one thousand acres of meadow, one thousand acres of pasture, one hundred acres of wood, one hundred acres of furze and heath, one hundred acres of moor, common of pasture for all cattle, common of turbary, court leet, court baron, view of Frankpledge, waifs, estrays, goods and chattels of felons, fugitives and felons of themselves, deodands, treasure trove and all privileges and liberties in Windlestone, Brandon, West Brandon, Redworth, Bishop Auckland, Framwellgate and Preston upon Tees and in St Andrew Auckland, Brancepeth, Heighington, St Oswald and Stockton and Norton and fishery of the River Tees

(XXVIII) Release 20 April 1813

Parties:
(1) Rev Richard Richardson DD of Witton Gilbert and Mary, his wife (a younger child and devisee of Sir Robert Eden);
(2) Sir Robert Johnson Eden, baronet of Windlestone

Operative Part
- release by (1) to (2) of claim to all real estate of (2) on payment of a legacy of £2,000 to Mary Richardson

'I am ordered by Sir R. J. Eden to inform you that his property at Framwellgate will be disposed of, and that you are to have the first refusal please to inform me if you mean Middleton's and Bainbridge's grounds or you include White Smocks, the former is Freehold and Tythe free the latter Copyhold and part Tythe free when I am informed what you wish to purchase, you shall hear from'

'I am directed by Mr Wilson to inform you that he has not Survey of the two Fields at Durham in the occupation of Mr Middleton but believes thy are about Seventeen Acres more or less, they are Freehold and Tithe free the price Two Hundred Pounds per Acre and as there are a great many applications Mr WIlson requests your early reply'.

'I am sorry you think my valuation too high, I have got the Survey of Middletons fields, including the planting 17a 2r 20p I part charge for the Roads, and Peaches were the ground as near their place as Durham, and of the same quality it would fetch £250 per annum. I have myself given £140 per annum Leased under the Bishop for 21 years unusable every 7 years and that at the distance of the quarter of a mile pays all Tythes if you will consider the Local situation you cannot think it dear'.

'In answer to your letter by this Post I must decline altogether the offer of £2400 for the Durham fields therein conveyed to me. Perhaps they may be in some degree overrated, but my abstract from the original valuation would not exceed fifty in a hundred pounds at most under the present notice I entertain of the value'

'It appears that I had mistaken the purport of your letter concerning your offer to be for all my fields about Durham instead of the two at Framwelgate head. Before this time it is probable my steward (to whom I spoke on the subject last Monday) will have stated my wish to treat with you for these fields & Mr Hopper would, I trust, explain to you the nature of my error. In case you should not hear from James Wilson or be dissatisfied with his proposal, I beg the favor of a line from you directed to this place'.

Indorsed with draft reply of Francis Johnson to Sir Robert Eden: 'By Mr Hopper I take the opportunity of acknowledging the receipt of your favor of the 3rd inst. By this day's Post: from him I understand you would accept £2,500 for the two fields; I am tempted to think the advance of the difference (though little) between us would be ¿ too much Income for the realisation of so small a property. I shall be happy to rid you of any further trouble or expence by renewing my former offer in the hopes you may be disposed to accede to it'

'I received your letter by Mr Hopper Monday morning & having given the best consideration I can to the subject will not further insist on the difference between us of a £100 but accept the offer you make me of £2,400 for the fields in question'.

'Mr Hopper being with me on Monday I asked if he had lately seen or conversed with you on the subject od my last letter which contained an assent to your offer of £2400 for the two Durham fields. He stated in reply his full persuasion that you had not received such a letter (written on 8th or 9th) which induces me to trouble you with a second lest you should consider me to have been more negligent than was really the case, thus I desired Mr Hopper would set you right in that respect. Probably you would not object to payment at Martinmas',

Indorsed with draft reply by Francis Johnson of 18 June 1813

'Your favor of the 8th inst I did not see 'til Sunday the 13th. So that on the day following Mr Hopper might conclude I had not received such a Letter from you I saw Mr Ward (my attorney) on Tuesday & he sayd he would commence with Mt Hopper on the time of payment which I hope & trust will meet your convenience'.

'Not 'til this Monday was I aware of being Mines in my Purchase Money £550 a circumstance I am very sorry for, particularly should it materially interfere with your preceding arrangement. I can with confidence offer my note for the Money & Interest (which you are at full liberty to ¿) payable on the 24th of March but should that impinge on your consideration I can harbour little doubt of raising ¿¿'

On the reverse a note of 22 November 1813: 'Mr Hoar requests the Honor of Mr Johnson's Company to Dinner on Monday the 29th of November at five'.

'The circumstance you mention had, I fear, escaped my recollection, & I am truly sorry to have occasioned you any disapprobation or inconvenience. Requesting you to believe that nothing was further from my intention & to accept this apology'.

Parties:
(1) Sir Robert Johnson Eden of Windlestone, baronet;
(2) Francis Johnson of Aykley Heads, esquire

Operative Part
- (1) released (a)-(b) to (2) for £2,400

Property:
(a) barn with garth on the backside at Framwellgate Head near Durham on S end of (b) formerly in occupation of Martyn Billingham, then of John Younger and now of Shireff Middleton;
(b) ground called Jegger's Close at the Head of Framwellgate formerly in occupation of Thomas Richardson, then of William Heighington, now divided into three closes, two in occupation of Shireff Middleton and the third was planted with trees, on S end of the plantation and on part of Jegger's Close a workshop had been built in occupation of William Sharp
- (a)-(b) bounded by: king's high street W; lane leading E from the high street and known as Coke Nest Lane N; lands of Robert Hopper Williamsonand of Francis Johnson E; other lands of Francis Johnson S

Habendum:
- to (2), to use of (2) for ever

With covenant by (1) to produce scheduled deeds

Schedule:
- Marriage settlement of 3 December 1672 (i) Margaret Lambton of Framwellgate in the suburbs of Durham, spinster, (ii) James Mickleton of Durham, esquire, Michael Hall of Durham, gentleman and Thomas Robson of Sophill, gentleman;
- Marriage settlement of 20 December 1715 (i) Sir Robert Eden of West Auckland, baronet and Dame Margaret, his wife and John Eden of West Auckland, esquire; (ii) Mark Shafto of Whitworth, esquire and Katharine Shafto of Whitworth, spinster; (iii) William Bacon of Newton Cap, esquire and John Rudd of Durham, esquire; (iv) Robert Shafto of Whitworth, esquire and Matthew Whitfield of Wolsingham, esquire; (v) Rev Leonard Shafto of Gateshead;
- Recovery of 2 March 1716 in which Matthew Whitfield was demandant, William Bacon and John Rudd were tenants and Sir Robert Eden, Margaret his wife and John Eden were vouchees;
- Lease and release of 1-2 February 1738 (i) Sir Robert Eden; (ii) Thomas Rudd of Durham, esquire; (iii) John Shafto of Whitworth, esquire; (iv) Thomas Eden of Durham, doctor of laws and Thomas Davison of Ferryhill, esquire;
- Probate copy will of Sir Robert Eden 4 August 1751;
- Copy lease and release of 23-24 February 1786 (i) Dame Mary Eden; (ii) Sir John Eden of Windlestone, baronet;
- Probate copy will of Sir John Eden with codicil 31 August 1792;
- Deed of renunciation of 31 December 1812 by William, Lord Auckland, trustee and devisee under the will of Sir John Eden;
- Lease and release 19-20 April 1813 (i) Sir Robert Johnson Eden of Windlestone, (ii) Thomas Hopper of Durham, esquire; (iii) George Grainger of Durham, gentleman;
- Recovery of 7 May 1813 in which George Grainger was demandant, Thomas Hopper tenant and Sir Robert Johnson Eden vouchee

By Francis Dixon Johnson of Aykley Heads, esquire that he had deposited with Abraham Story the younger of Sadler Street, Durham, solicitor the scheduled deeds as a lien to secure a loan of £1,000 with interest at 4.5% - scheduled deeds being CC/Deeds 12/5-6 and attested copy appointment of 3 January 1838 from Francis Johnson to Francis Dixon Johnson

from Francis Dixon to repay £1,000 with 4.5% interest to Abraham Story the younger

Parties:
(1) Francis Dixon Johnson of Aykley Heads, esquire;
(2) Abraham Story the younger of Durham, gentleman

Reciting:
- indenture of 13 January 1838 between from (i) Francis Johnson of Aykley Heads, esquire to (ii) Francis Dixon Johnson, his son promising to stand seized of all real estate to his own use during his lifetime, remainder to the use of (ii)
- death of Francis Johnson on 23 April 1838 and his burial at Durham cathedral;
- (2) had agreed to lend £2,000 to (1) at 4.5% interest;
- the indenture of 13 January 1838 included (a)-(c) and property of much greater value and would be delivered by (1) on request

Operative Part
- (1) conveyed (a)-(c) to (2) for £2,000

Property [as shown on included plan]:
(a) ground with plantation at N end, formerly two closes in Framwellgate called Spittle Closes containing 4 acres, 3 roods, 15 perches bounded by queen's highway E, land formerly of heirs of Rev Robert Wharton, now of William Lloyd Wharton esquire SW, N and S and by Herds Lane or Dryburn Lane W formerly in occupation of Thomas Smith, now Francis Dixon Johnson;
(b) barn with garth on backside at Framwellgate Head on S end of (c) formerly in occupation of Shireff Middleton, now of John Suggett;
(c) Jeggers Close at Head of Framwellgate divided into three closes, two formerly in occupation of Shireff Middleron, with plantation on SSW side adjoining queen's high street with, at S end of the plantation is built a workshop in occupation of William Sharp all bounded by queen's high street W, lane leading E from high street and called Coke Nest Lane N, by lands of Rev Robert Hopper Williamson and lands of Francis Dixon Johnson E and other lands of Francis Dixon Johnson S

Habendum:
- to (2) subject to equity of redemption for (1)

Witness:
- John Heaton, clerk to Abraham Story the younger

Parties:
(1) Abraham Story of Durham, gentleman;
(2) Francis Dixon Johnson of Aykley Heads, esquire

Reciting:
- CC/Deeds 12/9;
- deeds poll of (2) and Anna Elizabeth Johnson of Aykley Heads, spinster and (2) of 1 October 1853 in which several pieces of land containing 3 acres, 2 roods, 19 perches, formerly part of Jegger's Close were conveyed to York, Newcastle and Berwick Railway Company;
- indenture of 23 November 1854 between (i) Abraham Story, (ii) Francis Dixon Johnson, (iii) William Lloyd Wharton, (iv) John Thomas Wharton in which Spittle Close and plantation adjoining were conveyed to (iii) freed from mortgage incumbrance to uses in bar of dower;
- on 23 November 1854 (2) paid all mortgage principal and interest to (1)

Operative Part
- (1) released and quitclaimed (a)-(b) to (2)

Property:
(a) barn and close at S end of Jegger's Close with all parts of the close not sold to the railway company;
(b) plantation and workshop on S or SW side of Jegger's Close

Habendum:
- to (2) for ever discharged from mortgage

Witness:
- John Heaton, clerk to Abraham Story

Sent to Cuthbert Greenwood Dixon Johnson, Charles Lawrence Pemberton Robinson and George Duberly by steward of the Manor of Gilligate that the receivers were entitled to enfranchise their copyhold land into freehold.

Sent to Cuthbert Greenwood Dixon Johnson, Charles Lawrence Pemberton Robinson and George Duberly and their solicitor, Thomas Middleton by steward of the Manor of Gilligate that the receivers were entitled to enfranchise their copyhold land into freehold

- out of court at Seaham Harbvour before Henry Brougham Wright, steward of Marquess of Londonderry;
- of Cuthbert Greenwood Dixon Johnson of Oakwood near Croft (Yorkshire) (who had assumed the surname Dixon in addition to Johnson by deed poll of 8 December 1893), Charles Lawrence Pemberton Robinson formerly of Brettanly Manor, now of Littlethorpe near Ripon (Yorkshire), esquire and George Duberly of Plawsworth, mining engineer (devisees in trust under the will of Francis Dixon Johnson of Aykley Heads, esquire who died on 19 November 1893 and whose will was proved in Durham District Probate Registry on 16 December 1893;
- to copyhold allotment in Pity Me in Framwellgate in the parish of Framwellgate Moor containing 2 acres, 34 perches being the 9th allotment in the inclosure award for Framwellgate of 1801 to Francis Johnson who had purchased from John Liddell and held in right of an ancient burgage in Claypath in Durham, St Nicholas and by virtue of surrender of 6 December 1808 by Robert Chipchase and John Liddell to Rev George Barrington, Rev John Fawcett and Francis Johnson and bounded: another allotment awarded to Francis Johnson E; 5th allotment to John Fawcett W; Folly private carriage road N; 1st allotment to mayor and aldermen of Durham S;
- rent 3s 6d; fine 61 shillings;
- examined by Henry B. Wright, steward

- out of court at Kildare (Ireland) before Thomas George Gibson, esquire, Robert Burrell, gentleman and Sidney Rutherford, solicitors and deputies to Henry Brougham Wright, steward
- by Cuthbert Greenwood Dixon Johnson of Oakwood near Croft (Yorkshire), lieutenant, Inniskilling Dragoons, Charles Lawrence Pemberton Robinson formerly of Brettanly Manor, now of Littlethorpe near Ripon (Yorkshire), esquire and George Duberly of Plawsworth, mining engineer;
- of copyhold allotment in Pity Me in Framwellgate in the parish of Framwellgate Moor containing 2 acres, 34 perches being the 9th allotment in the inclosure award for Framwellgate of 1801 to Francis Johnson who had purchased from John Liddell and held in right of an ancient burgage in Claypath in Durham, St Nicholas and by virtue of surrender of 6 December 1808 by Robert Chipchase and John Liddell to Rev George Barrington, Rev John Fawcett and Francis Johnson and bounded: another allotment awarded to Francis Johnson E; 5th allotment to John Fawcett W; Folly private carriage road N; 1st allotment to mayor and aldermen of Durham S;
- to Cuthbert Greenwood Dixon Johnson, Charles Lawrence Pemberton Robinson and George Duberly to be held of the chief lord of the fee;
- rent 3s 6d; fine 61 shillings;
- examined by Henry B. Wright, steward

Parties:
(1) Rev Henry Arthur Mitton, Master and Brethren of Christ's Hospital, Sherburn;
(2) Henry Arthur Mitton, Arthur Henderson, esquire, William Gray, esquire, Rev Henry Baker Tristram and Sir Lindsay Wood, baronet, five of the governors of the hospital;
(3) John Cameron, John Gourland, Thomas Gourland, John McDonnell, William Hubrey, William David Allen, John Taylor, Joseph Wilkinson, Ralph Liddle, William Newby and William Allison all of Kelloe, trustees of Workman's Institute in Kelloe

Reciting:
- (1) agreed sale with (3);
- Order of Charity Commissioners of 28 February 1899 approving and authorising sale

Operative Part
- (3) paid £30 to (1) by direction of (2);
- (1), by direction of (2) conveyed (a) to (3)

Property [as shown on included plan]:
(a) land at Kelloe containing 740 square yards bounded: S and E by other land of (1); W by highway from Coxhoe to Raisby Hill; N by highway from Coxhoe to Kelloe

Reserving mineral rights to (1)

Habendum:
- to (3)

Witness:
- Henry Jepson, clerk to the governors

Parties:
(1) John Beamson, coal miner; John Gowland, coal miner; Thomas Gowland, coal miner; John McDonnell, coal miner; William Hubrey, coal miner; Joseph Wilkinson, coal miner; Ralph Liddle, coal miner; all of Kelloe; William Newby of West Stanley, coal miner; William Allison of Kelloe, coal miner;
(2) Thomas Foster of Kelloe, checkweighman;
(3) John Beamson; Thomas Gowland; John McDonnell; Joseph Wilkinson; George Kane, coal miner; Kirtley Atkinson, coal miner; John Atkinson, coal miner; Robert Neasham, coal miner; Anthony Ramshaw, coal miner; Septimus Woodward, coal miner; William Moyle, coal miner; all of Kelloe; Thomas Foster

Reciting:
- CC/Deeds 14/1

Operative Part
- (1) conveyed (a) to (2)

Property:
(a) land at Kelloe containing 740 square yards bounded: S and E by other land of (1); W by highway from Coxhoe to Raisby Hill; N by highway from Coxhoe to Kelloe

Habendum:
- to (2), to the use of (3) as joint tenants

Parties:
(1) John Beamson, coal miner; Thomas Gowland, coal miner; John McDonnell, coal miner; Joseph Wilkinson, coal miner; George Kane, coal miner; Kirtley Atkinson, coal miner, John Atkinson, coal miner; Robert Neasham, coal miner; Anthony Ramshaw, coal miner; Septimus Woodward, coal miner; William Moyle, coal miner; all of Kelloe; Thomas Foster of Kelloe, checkweighman (trustees of Kelloe Workingmen's Institute);
(2) Thomas Davison of Coxhoe, wine and spirit merchant

Reciting:
- CC/Deeds 14/1

Operative Part
- (2) paid £500 to (1);
- (1) covenanted to repay (2) in equal annual instalments of £125 from 5 January 1905 to 5 January 1908 plus interest at 5%;
- (1) conveyed (a) to (2)

Property:
(a) land in Kelloe of 740 square yards bounded: S and E by land of the master and brethren of Christ's Hospital, Sherburn; W by highway from Coxhoe to Raisby Hill; N by highway from Coxhoe to Kelloe with workmen's institute built on it

Witness:
- Ralph Ivison of Smokey Ruin, Kelloe

Indorsed with reconveyance of 7 January 1909, witnessed by James Pallister, grocer, wine and spirit merchant of Commercial Road, Coxhoe

Parties:
(1) John Beamson of 57 Green Street, Kelloe, miner; Thomas Gowland of St Helen's Terrace, Coxhoe, miner; John McDonnell of 5 Burrell Street, Kelloe, miner; Joseph Atkinson of Kelloe, miner; George Kane of Kelloe, miner; Kirtley Atkinson of Kelloe, miner; Robert Neasham of Kelloe, miner and Septimus Woodward of Wheatley Hill, miner;
(2) John Thompson of Kelloe Villas, checkweighman; John McDonnell;
(3) Robert Simon Tate of The Grange, Trimdon Grange, colliery agent; Thomas Mordue of East Hetton; Martin Duddin of 17 Steetly Terrace, Quarrington Hill, miner; John Beamson

Reciting:
- CC/Deeds 14/2

Operative Part
- (1) conveyed (a) to (2)
- death of Anthony Ramshaw at Horden Colliery on 21 March 1912;
- death of William Moyle at South View, Kelloe on 6 August 1919;
- death of John Atkinson at Dawdon 29 February 1923;
- death of Thomas Foster at Kelloe 14 July 1925;
- a fund was established under Section 20 of Mining Industry Act 1920 for the social wellbeing, recreation and conditions of miners, vesting money from the fund in the Miners' Welfare Committee;
- Durham District Welfare Committee consisted of coal owners and workers;
- a small miners' institute was built in Kelloe in 1903 but had become too small and application was made on 2 March 1927 for allocation of money to enlarge the institute which would be conveyed to four trustees, representatives of the owners and workers;
- the Welfare Committee allocated £3,866 which was paid to the trustees

Operative Part
- (1), with consent of (2) conveyed (a) to (3)

Property:
(a) land in Kelloe of 740 square yards bounded: S and E by land of the master and brethren of Christ's Hospital, Sherburn; W by highway from Coxhoe to Raisby Hill; N by highway from Coxhoe to Kelloe with workmen's institute built on it

Habendum:
- to (3) as joint tenants

- by James Calvert of Gilesgate, builder, Thomas Fawcett of Leazes Place, gentleman and John Boyd of Claypath, grocer;
- to William Thomas Greenwell, John Pemberton, Henry John Spearman, John Fogg Elliot, William Lloyd Wharton and Thomas Duncombe Shafto, visiting justices of the Gaol and House of Correction at Durham;
- in penal sum of £400;
- reciting General Quarter Sessions at Durham of 27 June 1842 which resolved to add 68 cells to the prison;
- the visiting justices contracted James Calvert for £143 to build a new south boundary wall at the County Gaol according to the plans of County Architect Ignatius Bonomi;
- specifications of the construction included;
- 5 shillings per day to be deducted from Calvert's contract money for each day in excess of the intended finishing date
- witnessed by Thomas Winter Smith

- by John Thompson of Great Lumley, Chester le Street, stone mason, John Nicholson of Chester le Street, stone mason, Benjamin Robinson of Great Lumley, publican and Edward Wardropper of Chester le Street, gentleman;
- to William Thomas Greenwell, Henry John Spearman, John Fogg Elliot, William Lloyd Wharton and Thomas Duncombe Shafto, visiting justices of the Gaol and House of Correction at Durham;
- in penal sum of £139.10.0;
- reciting General Quarter Sessions at Durham of 27 June 1842 which resolved to add 68 cells to the prison;
- a new chapel was to be erected on N side of central building, the site of the existing chapel being needed for the new cells;
- the visiting justices contracted with John Thompson and John Nicholson for £69.15.0 to build the new chapel to the specifications of County Architect Ignatius Bonomi before 12 April 1843;
- specifications of the construction included;
- 2 shillings per day to be deducted for each day in excess of the intended finishing date

- by Thomas Dickons of Durham, mason, John Oliver of Durham, ironmonger and Major Dixon of Durham, slater;
- to Rowland Burdon, Edward Shipperdson and John Fogg Elliott, three justices of the peace for Durham;
- in penal sum of £1,076;
- Thomas Dickons had contracted to build a new boundary wall on E side of County Gaol before 21 October 1848 for £538 to the specifications of County Architect Ignatius Bonomi;
- specifications on construction included;
- £1 per week to be deducted for each week in excess of the intended finishing date;
- witnesses: John Watson, clerk to Mr Scruton of Durham; John Chapman.

Parties:
(1) Elizabeth Crosby of Old Elvet, nigh the city of Durham, widow and Frances, her daughter;
(2) Edward Debord of New Elvet, vintner and James Debord, his son;
(3) David Hilton of Durham, esquire and Richard Hodgshon of Lintshoull, esquire

Reciting:
- lease of (a)-(b) of 17 September 1737 from (i) Henry Bland DD, dean and chapter of Durham cathedral to (ii) Elizabeth and Frances Crosby for 40 years from 7 March 1743;
- lease of (c) of 17 September 1737 from (i) Henry Bland DD, dean and chapter of Durham cathedral to (ii) Elizabeth and Frances Crosby for 40 years from 7 March 1743;
- impending marriage of Frances Crosby with James Debord

Operative Part
- Edward Debord had agreed to settle his half share of a farm at Shinkliff in trust for James Debord and Frances Crosby;
- Edward undertook to pay £200 to James Debord by direction of (1);
- Edward Debord undertook to settle estates in the Barony of Elvet in trust for James Debord and Frances Crosby;
- (1) assigned (a) to (c)

Property:
(a) burgage or tenement and garden in Elvet formerly in occupation of John Lamb, butcher;
(b) parcel of waste, lately a coal hole adjoining (a) on which a little chop had lately been erected;
(c) messuage and close containing 1 acre at E end of Barony of Elvett with common street N, field called Barncroft S and E, burgage in occupation of [blank] W

Habendum:
- to (3) for remainder of the leases in trust to suffer (1) to take rents and profits until the marriage; remainder to allow Elizabeth Crosby to take rents and profits for her life; remainder to permit James Debord and Frances Crosby to receive rents and profits for the life of the longer lived; remainder to suffer their children to receive rents and profits as appointed by James Debord and Frances Crosby, in default then equally as joint tenants, in default of children to the use of James Debord

Operative Part
- (1) released (d)-(e) to (3) for 5 shillings

Property:
(d) freehold messuage in Old Elvett formerly of John Crosby, gentleman, husband of Elizabeth;
(e) 5 ridges of land in common field of St Giles, Durham called Pelaw Leazes formerly of John Crosby now in occupation of Peter Grievson

Habendum:
- to (3) in trust for Elizabeth Crosby until the marriage, then for Elizabeth Crosby for her life, remainder to (3) for 500 years in trust, to use of James Debord and Frances Crosby for life of the longest lived, remainder to their children as directed by James Debord and Frances Crosby, in default equally to each child as joint tenants, in default of children to the use of James Debord for ever

Witnesses: Hendry Hopper and William Lamb

Attested by Richard Brice and George Smith

Parties:
(1) Elizabeth Crosby of Richmond (Yorkshire), widow;
(2) Thomas Witham of Durham, doctor of physick

Operative Part
(1), in consideration of rent and covenants to be paid and done by (2) demised (a) to (2)

Property:
(a) close of ground and stable in Elvett in occupation of (2)

Habendum:
- to (2) from 5 April for 21 years at annual rent of £6

Witnesses:
- William Dixon;
- Robert Brasse

- by Spencer Cowper DD, Dean and Chapter of Durham cathedral;
- reciting lease of 20 July 1765 from the dean and chapter to Mary Debord of Newcastle upon Tyne (Northumberland), widow of messuage and adjoining close containing 1 acre at E end of Barony of Elvett with common street N, a field called Barn Croft S and E and burgage in occupation of [blank] W for 40 years at 6s 8d;
- licensing Mary Debord to alien, sell, assign or dispose the property to Cuthbert Swainston of Durham, gentleman

Parties:
(1) Mary Debord formerly of Newcastle upon Tyne (Northumberland), now of South Shore , Gateshead widow and administratrix of James Debord of Newcastle upon Tyne, innkeeper, her late husband;
(2) Cuthbert Swainston of Durham, gentleman

Reciting:
- lease of 20 July 1765 from the dean and chapter to (1) of (a) for 40 years;
- CC/Deeds 16/3

Operative Part
- (1) assigned (a) to (2) for £135

Property:
(a) 1 acre at E end of Barony of Elvett with common street N, a field called Barn Croft S and E and burgage in occupation of Bazil Forcer, esquire

Habendum:
- to (2) for residue of the lease of 40 years paying rent to the dean and chapter of Durham cathedral

Witnesses:
- Clare Debord;
- Mary Dobson

Parties:
(1) Margaret Wilkinson of Crosgate near Durham, widow (lately Margaret Swainston, spinster) and Mary Swainston of Gainford, Durham - sisters and only next of kin of Cuthbert Swainston of chapelry of St Andrew, Newcastle upon Tyne (Northumberland), gentleman and administratrixes of his goods and chattels;
(2) Edward Green of New Elvet, Durham, druggist

Reciting:
- CC/Deeds 16/4;
- death of Cuthbert Swainston and his will of 14 June 1767 appointing John Lowther, John Lambe and Ralph Tunstall joint executors and codicil of 18 June 1767;
- death of John Lambe in the lifetime of Cuthbert Swainston;
- John Lowther and Ralph Tunstall had renounced executorship;

Operative Part:
- (1) assigned (a)-(c) to (2) for £139

Property:
(a) messuage and close, the messuage now converted into a stable formerly in occupation of Rev Fenwick now in occupation of Jane Tempest, bounding: common high street N; field called Barn Croft S and E; burgage formerly in occupation of Bazil Forcer, now Thomas William, esquire W;

Habendum:
- to (2) for residue of lease of 40 years, paying rent to the dean and chapter of Durham cathedral

Witnesses:
- John Humble;
- Michael Madgin;
- William Smith;
- John Gray

- by William Digby, Dean and chapter of Durham cathedral;
- reciting lease of 20 July 1765 from the dean and chapter to Mary Debord of Newcastle upon Tyne (Northumberland), widow of messuage and adjoining close containing 1 acre at E end of Barony of Elvett with common street N, a field called Barn Croft S and E and burgage in occupation of [blank] W for 40 years at 6s 8d;
- CC/Deeds 16/4;
- death of Cuthbert Swainston and his will of 14 June 1767 appointing John Lowther, John Lambe and Ralph Tunstall joint executors and codicil of 18 June 1767;
- death of John Lambe in the lifetime of Cuthbert Swainston;
- John Lowther and Ralph Tunstall had renounced executorship;
- licensing Margaret Wilkinson and Mary Swainston to assign the lease to Edward Green of New Elvet, druggist

By M. Woodfield for fine for burgage and allotment in Elvet of £6.13.4 and leases of £4.2.0 received from Mr Brown and others

'I Received your letter in respect of Miss Greens premises saying it was a Bargain for the said premises at £250 which I agreed to give I imprudently gave Mr Shaftoe an order to send for [an] abstract of the Title Deeds but since [then] I learn that I can be safe without a conveyance deeds so if you can make it convenient to bring the Lease and what other Deeds you have to Durham I will give you the money only give me a day or two notice that I may be at home'.

'I received yours respecting Miss Green's Premises the Deeds were not sent to Mr Shafto and as you inform me you can be safe without a conveyance Deed I think as the Deeds and Lease are at Stockton and as Miss Greens are resident here it probably will be proper for myself as well as them to sign I therefore think you had better send an attorney or his clerk here which would save a great expence, particularly as I have bene very Ill lately and could not bear the fatigue of a journey to Durham to go and return in one day, if you send the money agreed for £250 we will give you up the Lease and Deeds and convey in any way you think people here your ¿.. will oblige'.

from Mary Green and Hester Green for £252.15.0 from Richard White for a assignment of a lease from the dean and chapter of Durham cathedral; witnessed by Elizabeth Brown

From Matthew Woodfield for £10 fine for a burgage close in Elvet and £5.5.0 leases from Richard White

Parties
(1) James Cornwallis, Bishop of Lichfield and Coventry and Dean of Durham, with the chapter of Durham cathedral;
(2) Richard White of Old Elvet, gentleman

Operative Part
- (1) leased (a) to (2)

Property:
(a) messuage and close adjoining containing 1 acre at E end of Barony of Elvet bounding: common high street N; field called Barn Croft S and E; burgage formerly in occupation of Dr Witham, deceased W

Habendum:
- to (2) for 40 years from 18 December 1797 at a rent of 6s 8d per annum

By Matthew Woodfield for 10s 8d rent and Land Tax paid by Richard White

By Matthew Woodfield for £66.13.4 redemption of Land Tax paid by Richard White for a stable, garth etc in Elvet leased from the Dean and chapter of Durham cathedral

Parties:
(1) James Cornwallis, Bishop of Lichfield and Coventry and Dean of Durham and the chapter of Durham cathedral;
(2) Richard White of New Elvet, gentleman

Reciting:
- (1) desired to redeem Land Tax and agreed sale of (a) to (2)

Operative Part
- (2) paid £66.13.4 and a separate 5 shillings;
- (1) conveyed (a) to (2)

Property:
(a) messuage and close adjoining of 1 acre at E end of Barony of Elvet with common high street N, a field called Barn Croft S and E and a burgage formerly in occupation of Dr Witham, deceased W

Habendum:
- to (2), to use of (2) for ever, discharged from Land Tax

- by John Robert Davison QC MP to Ralph Park Philipson, Clerk of the Peace in penal sum of £600;
- reciting conveyance of even date from Davison to Philipson of land in Old Elvet for the enlargement of Durham Prison;
- condition of the bond is that Philipson should have quiet enjoyment freed from incumbrances

- for building a new gaol, house of correction and court houses at Durham from Richard Prosser DD, George Barrington, clerk, William Nesfield, clerk, Edward Davison, clerk and Francis Johnson esquire, five justices of the peace for County Durham to James Richardby of Durham and Daniel Bulmer of Durham, builders

'When you showed to me here the plan for the New Gaol, it was then proposed to have the Scite of the Building upon the ground where Mrs Witham's House stood & you then represented to me that only a slim or small part of the High end of my Paddock would be wanted. Under this impression, I did not hesitate to sign the petition to Parliament. A small part of my Field I could not refuse to the Public. But it will be to me a very serious injury if the whole is to be wrested from me by an Act of Parliament, which I have not seen & which has been unknown to me, altered without my approbation or knowledge. I wish you to forward the Act to me here. My property is placed in a very perilous situation by the Change of System & if the Paddock is to be wrested from me, will be much lessened. To part with the stable or coach house will be particularly inconvenient. I do not, I cannot doubt that the magistrates will take all these matters into their serious consideration & will offer me a very handsome consideration for the inconvenience & injury I shall sustain by having my field severed from my houses. Of this injury they must be very well aware & having the honor to be well known to many of them, I am confident they will act with me in the same handsome manner as I should do with any individual of their Commission. When I have an idea of the value from them we will go further into this business. At your short notice it is not my wish to say more'.

- with a sketch plan of the field of 1 acre, 1 rood, 14 perches belonging to Sir John Lawson and the adjoining properties along Old Elvet, the field to be purchased by the magistrates 'for the convenience and approach to the New Courts and Prison in Durham' - valuation £507.6.0

Property owners along Old Elvet are: William Smith; Thomas Maynard; Mr Raffles' executors; John Davison; Sir Henry Tempest; Sarah Brown; Mrs Gordon

- to John Griffith, agent or solicitor for Sir John Lawson
- reciting act of 1809 for erecting a new gaol and house of correction and new court houses in Durham;
- reciting power for the justices of the peace to appropriate land;
- stating intention to appropriate a close and stable or building with out-offices at the head of Old Elvet, containing 1 acre, 1 rood, 14 perches, part of the property of Sir John Lawson and in occupation of Dr Cox, for £500

'In consequence of a notice delivered to me by you, on the 22nd instant, I desired Mr Woodfield & Mr John Thompson to value the field, stable &x in Old Elvet, occupied by Dr Cox, and specified in the notice and I have now to inform you that those Gentlemen have accordingly viewed the premises, and have reported to me their Opinion, that the proprietor ought, under the Circumstances, to be paid for the purchase thereof, the sum of £650 and for two Trees in the field, worth £5 - £655. Mr Woodfield & Mr Thompson have also reported to me that if the ground where the Stable stands in intended for building, an open area, 4 feet six inches wide ought to be reserved for a passage to Dr Cox's Kitchen door, and also, that the Fence Wall on the South side of his house & garden should be made good, before the present fence is taken down'.

'The proprietor will of course expect to be paid the sum set, as the Value of his premises, by Mr Woodfield & Mr Thompson, and you will be pleased to communicate this letter to the magistrates tomorrow, and also to inform them, that Mr Woodfield & Mr Thompson & I will attend them upon the business either then or whenever they will appoint'.

By Joseph Granger and Matthew Woodfield of the close of 1 acre, 1 rood, 16 perches at the head of Old Elvet - valuation £505, though if only 3 roods, 29 perches taken the value would be £315.8.4 including trees, bricks and stones of wall and little stable at SW angle but not gateway and posts.

'N.B. The Stables and Out Offices adjoining Dr Cox's Dwellinghouse are not included in the above valuation, but are valued by Mr Thompson at the Sum of Two hundred pounds'.

'As the Elvet Committee wish to bring the matter in dispute forward between the County & Mr Smith about the tenant of Dr Cox's Field Mr Johnson will be obliged to Mr Dunn if he could favor him with Mr Woodfield's valuation with other papers as may be necessary to expedite the affair to the Quarter Sessions. Mr J has the Elvet Committee Book'.

Parties:
(1) Francis Johnson, Ralph Fenwick and Edward Shipperdson, three justices of the peace for County Durham ;
(2) Jasper Kell of Chester le Street, mason, Anthony Kell of Chester le Street, mason, Thomas Brown of Chester le Street, carpenter and Thomas Jennings of Chester le Street, carpenter

Operative Part
- (2) covenanted with (1) to erect building at W end of new gaol adjoining W boundary wall for £1,329.10.0 with detailed specifications, some of which is lost through staining

By Jasper Kell of Chester le Street, mason, Anthony Kell of Chester le Street, mason, Thomas Brown of Chester le Street, carpenter and Thomas Jennings of Chester le Street, carpenter
to Francis Johnson, John Ralph Fenwick and Edward Shipperdson, three justices of the peace for County Durham, in penal sum of £2,000 to carry out CC/Deeds 17/8; witnessed by John Dunn

Parties:
(1) Francis Johnson of Aykley Heads, esquire; Thomas Hopper of Hendon, esquire; Thomas Hopper of Durham, esquire - three justices of the peace for County Durham;
(2) Thomas Chisman of Durham, whitesmith and ironfounder

Reciting:
- justices had decided to build a corn mill and machine house with fly wheel attached at the prison for the employment of prisoners and vagrants charged with hard labour;
- public notice was made in Newcastle Courant, Newcastle Chronicle and Durham Advertiser requesting proposals for building the mill on 18 August 1821;
- (2)'s was the successful application to provide ironwork under direction of Ignatius Bonomi at rate of 4½d per pound for scrap iron, 3d per pound for common English iron and 6d per pound for gate
- (2) proposed John Burlinson of Bishop Wearmouth, millwright and engineer as his surety

- it was ordered that (1) should enter into a contract with (2)

Operative Part
- (2) covenanted with (1) to provide quality and quantity of iron as determined by Ignatius Bonomi and fix in the mill house: window bar; eight bolts; plates, nuts and screws for tying in the floor of the boundary wall; crooks, bands, screws and one nut and screw fastening each band; lock for the outer door; four crooks and bands; eight checks and four snecks and latches for four doors in the recesses of the low floor; crooks for recesses in upper floor; crooks and strong bands with screw-bolt for outer door upstairs; staple, lock and key as used for one of the gaol doors; gates and gratings for four large openings on ground floor, two locks on each gate; window bars for four windows on lower floor; upper pivot of gate entering a socket fixed with two screws and capable of being removed when required; railing and spike rail above wheels in each low room; bolts fixing hand rails

Witnesses:
- John Dunn;
- John Helmerow

By Thomas Chisman of Durham, whitesmith and ironfounder and John Burlinson of Bishopwearmouth, millwright and engineer to Francis Johnson of Aykley Heads, esquire, Thomas Hopper of Hendon, esquire and Thomas Hopper of Durham, esquire, three justices of the peace for County Durham, in penal sum of £200 to carry out CC/Deeds 17/10; witnessed by John Helmerow

Parties:
(1) Francis Johnson of Aykley Heads, esquire; Thomas Hopper of Hendon, esquire; Thomas Hopper of Durham, esquire - three justices of the peace for County Durham;
(2) George Burnett of Durham, mason

Reciting:
- justices had decided to build a corn mill and machine house with fly wheel attached at the prison for the employment of prisoners and vagrants charged with hard labour;
- public notice was made in Newcastle Courant, Newcastle Chronicle and Durham Advertiser requesting proposals for building the mill on 18 August 1821;
- (2)'s was the successful application to provide mason's work, bricklayer's work, plasterer's work and slater's work for £276.15.0
- (2) proposed Joseph Burnett of Durham, mason and Thomas Punshon of Durham as sureties
- it was ordered that (1) should enter into a contract with (2)

Operative Part
- (2) covenanted with (1) to undertake masonry work for £276.15.0 as follows: excavate soil and foundations; to carry up walls, solid threshold, window breasts and heads which were to receive plaster; chaces to be cut in old wall and holes for fixing iron ties and for letting in bars; ridge piece and hip rafters to be covered with stone hips, three times painted in oil of same colour as slates; stone hips and water tabling to be pointed in Roman cement; low floor to be laid with chiselled flags, edges of flags to be gauged and set hollow on dwarf walls in lime; foundation of mill machinery to be constructed and pit wheel to be sunk; boundary wall to be set; roof to be covered with Lancashire slates, middle sized, bedded in hair and lime and nailed in two places to the boards; proper stones to be set and fixed for machinery and shafts to rest upon; inside walls to be plastered twice and whitewashed; soil for foundations to be removed; outside walls to be carried up in stone; inside walls to be built in bricks; dressed plinth to be carried round building; solid thresholds to openings; solid window breasts, heads and jambs projecting to receive plastering; low to be flagged and chiselled, flags gauged on dwarf walls set in lime; four recesses of upper floor to be flagged; recesses on both floors to be arched over all holes and painted; stone ridging to be fixed and pointed in Roman cement; chiselled steps to be fixed solidly in W end wall and holes made for letting in iron bars; roof of machine house to be covered in middle sized Lancashire slates nailed in two places to laths and pointed underneath with hair and lime; inside walls to be plastered twice

Witnesses:
- John Dunn;
- John Helmerow

By George Burnett of Durham, mason, Joseph Burnett of Durham, mason and Thomas Punshon of Durham, mason to Francis Johnson of Aykley Heads, esquire, Thomas Hopper of Hendon, esquire and Thomas Hopper of Durham, esquire, three justices of the peace for County Durham, in penal sum of £552 to carry out CC/Deeds 17/12; witnessed by John Helmerow

Parties:
(1) Francis Johnson of Aykley Heads, esquire; Thomas Hopper of Hendon, esquire; Thomas Hopper of Durham, esquire - three justices of the peace for County Durham;
(2) Edward Fairclough of Durham, builder and house carpenter

Reciting:
- justices had decided to build a corn mill and machine house with fly wheel attached at the prison for the employment of prisoners and vagrants charged with hard labour;
- public notice was made in Newcastle Courant, Newcastle Chronicle and Durham Advertiser requesting proposals for building the mill on 18 August 1821;
- (2)'s was the successful application to provide timber work to specification of Ignatius Bonomi, architect, for £139.3.2
- (2) proposed Thomas Jackson of Durham, mason and Thomas Chisman of Durham, whitesmith and ironfounder
- it was ordered that (1) should enter into a contract with (2)

Operative Part
- (2) covenanted with (1) to undertake timber work for £139.3.2 before 14 February 1822 to execute all woodwork to receive machinery and before 1 March 1822 to undertake the remainder: floors, staircase, sashes, doors and roof all to be of memel [wood shipped from the Baltic port of Memel, now part of Lithuania] ; two upright posts and rail to be fixed to each flight of stairs, straps for the king post, boards for slating and all nails, screws etc to be provided and fixed; floor, roof and timber of machine house to be of memel; four pairs of steps for ascending to stepping wheel, rail for holding by, joist supporting iron railing over each wheel to be provided and fixed; boarded apron placed in front of each wheel; casing with door hung with lock and key complete to box in connecting iron wheels at E end of machine house, boxing and apron to be of American timber; exterior door and four half inch batten doors to recesses of lower floor

Witnesses:
- John Dunn;
- John Helmerow

By Edward Fairclough of Durham, builder and house carpenter, Thomas Jackson of Durham, mason and Thomas Chisman of Durham, whitesmith and ironfounder, to Francis Johnson of Aykley Heads, esquire, Thomas Hopper of Hendon, esquire and Thomas Hopper of Durham, esquire, three justices of the peace for County Durham, in penal sum of £278 to carry out CC/Deeds 17/14; witnessed by John Helmerow

Parties:
(1) Francis Johnson of Aykley Heads, esquire; Thomas Hopper of Hendon, esquire; Thomas Hopper of Durham, esquire - three justices of the peace for County Durham;
(2) John Burlinson of Bishop Wearmouth, millwright and engineer

Reciting:
- justices had decided to build a corn mill and machine house with fly wheel attached at the prison for the employment of prisoners and vagrants charged with hard labour;
- public notice was made in Newcastle Courant, Newcastle Chronicle and Durham Advertiser requesting proposals for building the mill on 18 August 1821;
- (2)'s was the successful application to provide to construct machinery and to furnish models for £500
- (2) proposed Thomas Jackson of Durham, mason and Thomas Chisman of Durham, whitesmith and ironfounder
- it was ordered that (1) should enter into a contract with (2) to provide before 31 March, machinery as follows: moving power of the machine to consist of two axles, thirteen inch die square each of memel timber [wood shipped from the Baltic port of Memel in modern Lithuania], one axle to carry a continued cylinder or drum of 5 feet diameter formed of stepping boards of memel 6 inches wide and 1¾ inches thick, stepping boards resting on five rings or flaunches of iron, stayed and boarded; the other axle to carry a similar drum of cylinder with stepping board resting on three rings or flaunches of iron, stayed and boarded and carrying a second cylinder of 4 feet 3 inches diameter resting on 3 iron rings or flaunches, stayed and boarded; larger cylinder to admit 26 stepping boards, the smaller 21; W end of one axle prepared with a continuance for attaching machinery to it for pumping water out of the prison well; union of power of two stepping wheels to be contrived by two spur wheels 4½ inches broad taking into each other and turning a nut wheel the axle or shaft of which carried a fly wheel 4 inches broad , 2 inches thick at the rim and 10 feet diameter, then continued E across space between machine house and E boundary wall entering the mill house; machinery to allow attaching more machinery in upper room of machine house or for increasing work done; mill house machinery to carry a pair of French stones and a pair of grey stones 3 feet 4 inches diameter at 140 revolutions per minute; dressing cylinder and hoisting jacket with machinery for adjusting speed; hoppers, funnels, fittings etc to grind the corn; wheel for producing hard labour when mill not employed the wheel being capable of self-adjustment or adjustment to vary the speed; iron bevil pit wheel 5 inches broad, 2 inches thick at rim, 7 feet diameter on cast iron shaft 5½ inches square; spur wheel 5 inches broad, 2 inches thick at the rim and 6 feet diameter; crown pinion of same rim thickness as pit wheel; two small regulating wheels and a strong friction wheel.

Witnesses:
- John Dunn;
- John Helmerow

By John Burlinson of Bishop Wearmouth, millwright and engineer and Thomas Chisman of Durham, whitesmith and ironfounder to Francis Johnson of Aykley Heads, esquire, Thomas Hopper of Hendon, esquire and Thomas Hopper of Durham, esquire, three justices of the peace for County Durham, in penal sum of £1,000 to carry out CC/Deeds 17/16; witnessed by John Helmerow

By Dr Smith to ascertain from bench if he had right to make apertures or doorways from road facing the courts into his ground adjoining

'I have just received your note by a person who has got here, somehow, from Lanchester, bringing also letters for my Brother and Mr Gates announcing the death of poor Mr Taylor. The magistrates spoke indeed of some restrictions respecting the new wall which they built, but the deed of conveyance of the remnant of the field has never yet been made out, as Mr Dunn the sollicitor [sic] should know. Therefore if they be willing to desist from their intended instructions they need only to omit them in the Deed, which I wish Mr Dunn would get made out. Sir Henry lawson in whose name the Field stood descided [sic] that the reconveyance should be made to us (say Smith Yates & Warwick) instead of himself'.

'We are in Lapland. From Saturday morning till Tuesday evening it snowed without ceasing and being considerably drifted all the roads are completely blocked up. Mr Yates came down from the chapel on Monday morning and was unable to return before yesterday afternoon. I was to have gone to Newcastle on Monday morning for the purpose of getting printed and sending off allowances for Lent but the journey was judged impracticable. This morning my Brother and his man set out to attempt it on foot (travelling on horseback being quite out of the question) but as the day has thawed out we are every moment looking for their return I do not indeed know how the man is to get lack to Lanchester or when this will reach you'.

'I am happy however to inform you that that [sic] I have not for years past been so well as during the last few weeks. I hope you continue well. I understand you have been very busy'.

In answer to CC/Deeds 17/18, stating that Smith had no power of making apertures or doorways from the road but assuring him they would indulge him consistent with their public duty if he wished to build a house or houses on his land and that he should lay plans before them

By George Smith of Durham, mason and William Howe of Durham, joiner to Francis Johnson of Aykley Heads, esquire, John Ralph Fenwick of Durham, esquire and Edward Shipperdson of Durham, esquire, three justices of the peace for County Durham, in penal sum of £320 to build an ante room ['Anti-Room'] for judge behind window at E end of Durham Crown Court to the specification of Ignatius Bonomi, architect at price of £160.15.0.

By George Burnett of Durham, mason and James Horden of New Road near Framwellgate Bridge, innkeeper to John Ralph Fenwick, esquire, Edward Shipperdson, esquire and John Fawcett, esquire - justices of the peace for County Durham, in penal sum of £270 for enlargement of the prison chapel to the specification of Ignatius Bonomi, architect, before 31 July 1832; with detailed specifications; witnessed by Charles Brown, clerk to John Dunn of Durham, solicitor

'Dr Smith wishes you to make out the Conveyance of the Ground behind my House to Rt Rev Dr Smith and Rev William Croskell of Old Elvet, Durham; and Rev John Yates of Esh Laude, Chapelry of Esh and Parish of Lanchester'.

'I believe the stable was also surrendered by the County'.

For making a plan of the site of the ground where the new Roman Catholic chapel was intended to be built - 10 shillings

Of Rev Dr Smith of Old Elvet with the Durham magistrates stating his wish to build a Roman Catholic chapel and clergyman's house near the courts in Durham with detailed proposals on access.

- by Matthew Taylor of Framwellgate , mason, John Watson of Framwellgate, mason, Adam Palmer of Framwellgate, mason, Robert Southeron of Framwellgate, mason, Ralph Crozier of Silver Street, Durham, shopkeeper and Mark Jopling of New North Road, Framwellgate, builder to William Thomas Greenwell, Thomas Greenwell and John Pemberton, visiting justices of the gaol and house of correction at Durham in penal sum of £400;
- reciting the gaol had ben rendered unsafe for custody of prisoners by damage to part of the boundary wall and outer fence in a storm in January 1839;
- the contractors had been engaged for £154 to build a wall at E and S sides of the outer fence lying S of the gaol building;
- detailed specifications;
- witnesses John Dunn and Charles Brown

- by Thomas Winter of £1,302.18.6 to build a new female prison at Durham, showing costs of materials to be used, e.g. ashlar stone per cubic foot 19 shillings.

- by Robert Robson of £1,721.18.6 to build a new female prison at Durham

- by Thomas Winter and Robert Robson of Claypath, Durham, builders, Francis Stone of Market Place, Durham, hatter and John Brewster Chapman of Durham, grocer to Rowland Burdon, William Lloyd Wharton, John Fogg Elliot, John Fawcett and Edward Backhouse, visiting justices of gaol and house of correction at Durham, in penal sum of £500 to build the female prison at Durham, with highly detailed specifications;
- witnessed by Walter Scruton; John Chapman, clerk to Walter Scruton; John Watson, clerk to Walter Scruton

- by George Spark of Shincliffe, builder, Matthew Spark of Sedgefield, builder and Meniwin Sherington of Sedgefield, farmer and Thomas Davison of Shincliffe Grange, colliery agent to Rowland Burdon, William Lloyd Wharton, John Fogg Elliot, John Fawcett, Henry Stobart, Sir William Eden, baronet and Rev Henry Douglas, visiting justices of the gaol and house of correction at Durham in penal sum of £1,000 to enlarge and alter the prison; with detailed specification
- witnessed by John Watson, clerk to Walter Scruton, deputy clerk to the justices

At the top description of land in the case Lamb v Fenwick - 'part of the estate of John Lamb now selling before the Master Mr Thurston: A Messuage or Tenement lately built standing at the Head of Old Elvitt in or near the Citty of Durham with a stable coachhouse & orchard thereunto belonging and a little close adjoining thereto conteyning about four Acres & tenanted by Madam Forier at the yearly rent of £21 which last mentioned messuage & premises are all freehold save a stable part thereof which is held of the Deane and Chapter of Durham by Lease for 40 years (great part whereof are yet to come) under the yearly rent of 12s & payable to said Deane & Chapter'

Letter: 'I had the favour of your Letter of the 12th And have taken a Copy of the particulars above with a warrant from Mr Thurston the Master & have served the Clerks in Court concerned in the Cause with Notice &c. I have bid £300 which is the remuneration method of bidding And will endeavour in the best manner I can to serve you'.

' I am informed of the young Bart must bring his Bill for his purchase money against Lady Eden (his Mother) & the Trustees to have an allowance suitable to his Estate. And if my Lord Chacellor will not order an allowance upon application Lady Eedn I am told must be a defendant having a Jointure upon the Estate & if the purchase Money may be any near who is not a Trustee in the Settlement'.

At the top memorandum of an order in a case John Lamb, esquire, plaintiff against John Jennison and William Fenwick and their wives, defendants - that the estate of John Lamb, deceased, decreed to be sold, having been advertised, William Midford of Inner Temple had offered £300 for a messuage and tenement at the Head of Old Elvet with stable, coachhouse and orchard belonging and a little close of 4 acres in occupation of Madame Forier at yearly rent of £21 and that he was purchaser

Letter 'Above you receive a copy of the Master's report which I shall endeavour to gett confirmed the first Seals and hope no one will bid against you'

- in case John Lamb, esquire, plaintiff against John Jennison and William Fenwick and their wives, defendants;
- reciting order of 15 October 1728 that report by master Thurston on 8 August 1728 should stand;
- reciting motion made by Mr Burdus, council for John Lamb alleging the defendants' clerks had been served with the order and had made no cause to the contrary;
- thus the order was made absolute

At top an order in Chancery as in CC/Deeds 18/4

Letter 'Above you receive a Copy of the Order for confirming Mr Thurston the Master's Report which is past & entered'.

Parties:
(1) John Jennison of Little Wallworth, gentleman (executor and devisee of John Lamb the elder of Gilligate, Durham, esquire and executor of will of Ralph Lamb, deceased son of John Lamb);
(2) William Fenwick of Darlington, gentleman and Isabell, his wife (formerly wife of Ralph Lamb);
(3) John Lamb the younger of Hetton on the Hill, esquire (grandson of John Lamb the elder) and Ralph and William Lamb, his younger brothers and Martha his sister;
(4) William Mitford of Inner Temple, London, gentleman and John Rudd of North Bailey, Durham, esquire

Reciting:
- John Lamb the elder died seized of estates in Evenwood, partly freehold and partly leasehold held by three lives from Bishop of Durham as well as (a)-(b) held by lease for 40 years from dean and chapter of Durham cathedral, and (c) and his will of 2 February 1709 devising his real estate to John Jennison, John Maire and John Hebdon, both now dead, in trust for sale then to discharge bonds to Ralph Lamb, his son, for £1,200, to pay £50 to Mary Wilkinson and a debt of £200 to John Forster to pay £50 legacy to the testator's wife and £10 legacies to themselves with residue paid to his son Ralph and bequeathing to his grandsons and to Martha Lamb £10 each;
- proof of the will of John lamb the elder by John Jennison;
- death of Ralph Lamb before the age of 21 but after making a will in which he left £1,077.8.0 to his wife Isabell and the residue of his estates to John Jennison whom he made sole executor
- (3) exhibited a bill in Chancery against (1) and (2) to set aside the devise of trustees, the bond made by Ralph Lamb and to have an account of the real and personal estate of John Lamb the elder; to which (2) exhibited a cross bill against (1) and (3) to have the legacy of £1,077.8.0;
- Chancery decree of 3 July 1727 to refer the matter to Mark Thurston to draw up an account of what was due to whom and that the real estate should be sold;
- Laurence Brockett had purchased the estates at Evenwood;
- leasehold premises to be demised to John Rudd were in Durham, St Oswald and part of the estates of John lamb, deceased, devised to him by the dean and chapter in 1690 for 40 years;
- William Mitford had bid £300 for (a)-(c) when it was found that (a)-(b) was within two years of reverting to the dean and chapter and so William Mitford refused to proceed with purchase unless the lease was renewed at the charge of (1), which was agreed and (a)-(b) was demised for a new term of 40 years by indenture of 26 November 1728 between (i) Henry Bland DD, dean and chapter of Durham cathedral, (ii) John Rudd for 8 shillings per annum rent;
- the name of William Mitford was used in trust for John Rudd

Operative Part
- John Rudd paid £400 to (1), with approval of (2)-(3);
- (1) released (c) to John Rudd with approval of (2) and (3)

Property:
(a) tenement of which E end had been pulled down and partly extended 3 yards into freehold messuage of Basil Forcer and W part converted into a stable;
(b) close adjoining with coachhouse and stable;
- (a)-(b) in Elvet near Ratten Row bounding: divided close or two ridges of land in occupation of Basil Forcer E; undivided freehold close in occupation of Basil Forcer W; Ratten Row N; Hall Garth S;
(c) messuage or burgage in Durham, St Oswald formerly in occupation of John Forcer, then Bridgett, his wife and Basil Forcer with adjoining close and bounding: (b) E, Ratten Row N; two ridges adjoining (a)-(b) W

Habendum:
- (a)-(b) to use of John Rudd for residue of 40 years paying 8 shillings rent to the dean and chapter of Durham cathedral
- (c) to John Rudd, to the use of John Rudd for ever

Witnesses:
- Thomas Rudd;
- Edward Goddard;
- James Clarke;
- Laurence Brockett;
- Christopher Blackett;
- Thomas Goddard;
- Richard Stonehewer, deputy clerk, Paris

Indorsed with conveyance of 20 June 1769

Parties:
(1) William Rudd of Durham, esquire (eldest son and heir of Thomas Rudd of Durham, esquire, deceased and executor in his will (Thomas Rudd being nephew and heir of John Rudd, deceased);
(2) Basil Forcer of Old Elvet, esquire (only surviving son and heir of John Forcer of Old Elvet, esquire, deceased)

Reciting:
- above indenture of 20 March 1729;
- CC/Deeds 18/10

Operative Part
- (1) conveyed (a)-(c) in CC/Deeds 18/8 to (2) for 10 shillings

Witnesses:
- Richard Wetherell;
- Stephen Nicholson

Parties:
(1) John Rudd of North Bailey, Durham, esquire;
(2) Basil Forcer of Old Elvett, esquire

Reciting:
- (a)-(b) was demised for a new term of 40 years by indenture of 26 November 1728 between (i) Henry Bland DD, dean and chapter of Durham cathedral, (ii) John Rudd for 8 shillings per annum rent;
- CC/Deeds 18/8

Operative Part
- (1) agreed that £200 of £300 purchase money in CC/Deeds 18/8 was paid by him and £100 by (2) and that the £200 was owed by (1) by (2) as mortgage with interest at 5%

Witnesses:
- Edward Goddard;
- John Durance

- by Thomas Dampier DD, Dean, and chapter of Durham cathedral;
- reciting lease of 18 December 1762 to Basil Forcer of Old Elvett, esquire of tenement of which E end had been pulled down and partly extended 3 yards into freehold messuage of Basil Forcer and W part converted into a stable and little close adjoining with coachhouse and stable in Elvet in a street called Ratten Row bounding close or two ridges of land in occupation of Basil Forcer E, freehold close in occupation of Basil Forer W and Ratten Row N; the Hallgarth S;
- grant of licence to Basil Forcer to assign the lease

By F. Hogge for £5.10.0 fine, £2.8.0 seal fees and 18s 8d alienation fee from Basil Forcer paid to dean and chapter of Durham cathedral

Parties:
(1) Basil Forcer of Old Elvet, esquire;;
(2) Sir John Eden, baronet

Operative Part
- (1) conveyed (a)-(c) to (2) for £900

Property:
(a) messuage or burgage in Durham, St Oswald formerly in occupation of John Forcer, then Bridgett Forcer, then Basil Forcer;
(b) freehold close enjoyed with (a) adjoining a leasehold close of Basil Forcer W and Ratten Row N;
(c) ground called Two Ridges adjoining leasehold close of Basil Forcer E

Habendum:
- to (2) to the use of (2) for ever

Reciting:
- lease of 18 December 1762 by dean and chapter of Durham cathedral to Basil Forcer of (d)

Operative Part
- (1) assigned (d) to (2) for 5 shillings

Property:
(d) tenement of which E end had been pulled down and partly extended 3 yards into freehold messuage of Basil Forcer and W part converted into a stable and little close adjoining with coachhouse and stable in Elvet in a street called Ratten Row bounding (c) E, freehold close in occupation of Basil Forer W and Ratten Row N; the Hallgarth S

Habendum:
- to (2) for residue of term of 40 years paying rent of 8 shillings to the dean and chapter of Durham cathedral

Witnesses:
- Francis Witham;
- Hendry Hopper

Indorsed with assignment and conveyance of 17 March 1784

Parties:
(1) Sir John Eden;
(2) Thomas Witham of Old Elvet, doctor of physic

Reciting:
- the £900 in the assignment and conveyance of 2 November 1779 was the money of Thomas Witham and the name of (1) was used as a trustee

Operative Part
- (1) conveyed (a)-(c) and assigned (d) to (2) for 10 shillings

Habendum:
- freehold to (2) to the use of (2) for ever;
- leasehold to (2) for residue of 40 years paying 8 shillings rent to dean and chapter of Durham

Witnesses:
- John Robson, servant to Sir John Eden;
- John Young, servant to Sir John Eden

by Thomas Gibbon for £12.4.1 fine for a close etc in Elvet and £2.13.6 seal fees paid by Mrs Witham to dean and chapter of Durham cathedral

(I) CC/Deeds 18/8

(II) CC/Deeds 18/10

(III) CC/Deeds 18/9

(IV) CC/Deeds 18/12

(V) CC/Deeds 18/14

(VI) Inclosure award for Elvet Moor in the Parish of St Oswald 17 May 1773
- allotting to Basil Forcer in respect of his freehold messuage: 3 roods, 15 perches in a plot abutting Bucks Hill Lane E, lands allotted to Thomas Dunn W, lands allotted to Robert Pringle N and other lands allotted to Basil Forcer S;
- allotting to Basil Forcer in respect of his leasehold messuage: 3 roods, 21 perches in a plot abutting Bucks Hill Lane E, lands allotted to Thomas Dunn W, other lands of Basil Forcer N, lands allotted to Thomas Mitchell S

(VII) Lease and release 16-17 March 1784 indorsed on CC/Deeds CC/Deeds 18/14

(VIII) Will of Thomas Witham 23 June 1777
- devising his dwellinghuse with garden etc adjoining and two allotments in Elvet Moor to his wife Elizabeth for her life, remainder to Sir Henry Lawson of Brough Hall (Yorkshire), baronet in trust for sale;
- appointing his wife sole executrix

(IX) death of Sir Henry Lawson in the lifetime of Thomas Witham;

(X) death of Thomas Witham in January 1786 and proof of his will in Ecclesiastical Court at Durham

(XI) Lease 21 July 1794
- by James Cornwallis, Bishop of Lichfield and Coventry and Dean of Durham, with chapter of Durham cathedral to Elizabeth Witham of tenement of which E end had been pulled down and partly extended 3 yards into freehold messuage of Basil Forcer and W part converted into a stable and little close adjoining with coachhouse and stable in Elvet in a street called Ratten Row bounding Two Ridges E, freehold close in occupation of Basil Forer W and Ratten Row N; the Hallgarth S; 3 roods 21 perches of ground lately allotted to Basil Forcer for 40 years at annual rent of 8 shillings 5d.;

(XII) death of Elizabeth Witham 26 September 1806 and her will of 24 oct 1791 appointing her son Francis sole executor

(XIV) memorandum that Rev George Witham of Laycock Abbey (Wiltshire) was eldest son and her at law of Thomas Witham.

Parties:
(1) Rev George Witham of Laycock Abbey (Wiltshire) (eldest son and heir at law of Thomas Witham of Old Elvet, doctor of physic);
(2) Francis Witham of Grays Inn (Middlesex), esquire (a son and sole executor of Elizabeth Witham, widow, devisee for life, residuary legatee and sole executrix of Thomas Witham);
(3) William Witham of Grays Inn, esquire, Henry Witham of Thornhaught Street, St Mary le Bow (Middlesex), esquire, Elizabeth Witham of Old Elvet, spinster, Mary Witham of Old Elvet, spinster, Frances Witham of Spetisbury (Dorset), spinster (all younger children of Thomas Witham);
(4) Rev John Fawcett of Newton Hall

Reciting:
- Will of Thomas Witham 23 June 1777; devising his dwellinghuse with garden etc adjoining and two allotments in Elvet Moor to his wife Elizabeth for her life, remainder to Sir Henry Lawson of Brough Hall (Yorkshire), baronet in trust for sale to pay interest to testator's son (1) for life, remainder to divide the principal between his children William, Henry, Elizabeth and Mary, and if Frances if she had not entered any religious order, equally; appointing his wife sole executrix;
- when making his will Thomas Witham was seized of an estate in the freehold premises but it was vested in Sir John Eden as trustee to Thomas Witham;
- Thomas Witham was also entitled to leasehold premises for residue of 40 years under lease of 26 November 1776 granted by the dean and chapter of Durham cathedral to Sir John Eden;
- Lease and release 16-17 March 1784 indorsed on CC/Deeds CC/Deeds 18/14;
- death of Thomas Witham in January 1786 leaving (1) as his heir at law;
- Elizabeth Witham, widow, surrendered the lease of 26 November 1776 to the dean and chapter for renewal;
- Lease 21 July 1794 by James Cornwallis, Bishop of Lichfield and Coventry and Dean of Durham, with chapter of Durham cathedral to Elizabeth Witham of tenement of which E end had been pulled down and partly extended 3 yards into freehold messuage of Basil Forcer and W part converted into a stable and little close adjoining with coachhouse and stable in Elvet in a street called Ratten Row bounding Two Ridges E, freehold close in occupation of Basil Forer W and Ratten Row N; the Hallgarth S; 3 roods 21 perches of ground lately allotted to Basil Forcer for 40 years at annual rent of 8 shillings 5d.;
- death of Elizabeth Witham on 20 September 1806 and her will of 29 October 1791 appointing (2) as her sole executor who proved it in Durham Consistory Court by which the leasehold premises became vested in (2) in trust under the will of Thomas Witham;
- (1) and (2), with consent of (3), had contracted sale to (4)

Operative Part
- (4) paid £1,450 to (1) and (2) with consent of (3);
- (1), by direction of (2) and (3), released (a)-(c) to (4)

Property:
(a) freehold messuage or burgage in Durham, St Oswald at Head of Old Elvet formerly in occupation of John Forcer, esquire, then of Bridgett Forcer, afterwards of Basil Forcer, esquire, the of Thomas Witham, late of Elizabeth Witham;
(b) freehold close enjoyed with (a) adjoining leasehold close formerly of Basil Forcer E, Ratten Row N;
(c) close called Two Ridges adjoining leasehold close of Basil Forcer W;
(d) allotment of 3 roods, 15 perches on Elvet Moor bounding Bucks Hill Lane E, lands allotted to Thomas Dunn W, lands allotted to Robert Pringle N and leasehold allotment of Thomas Witham S

Habendum:
- to (4), to use of (4) for ever

Operative Part
- (2), by direction of (1) and (3 and also (1) and (3) assigned (d) to (4)

Property:
(d) tenement of which E end had been pulled down and partly extended 3 yards into freehold messuage of Basil Forcer and W part converted into a stable and little close adjoining with coachhouse and stable in Elvet in a street called Ratten Row bounding (c) E, freehold close in occupation of Basil Forcer W and Ratten Row N and the Hallgarth S;
(e) 3 roods 21 perches of ground lately allotted to Basil Forcer in a plot abutting Bucks Hill Lane E, lands allotted to Thomas Dunn W, other lands of Basil Forcer N, lands allotted to Thomas Mitchell S

Habendum:
- to (4) for residue of 40 years paying 8s 6d rent to dean and chapter of Durham cathedral

Witnesses:
- Robert Wichkam, clerk to Messrs Witham of Grays Inn;
- Thomas Hopper;
- Ralph Southworth;
- P. D. Debartzch

Parties:
(1) by James Cornwallis, Bishop of Lichfield and Coventry and Dean of Durham, with chapter of Durham cathedral;
(2) Rev John Fawcett of Newton Hall

Operative Part
- (1) demised (a)-(b) to (2)

Property:
(a) tenement of which E end had been pulled down and partly extended 3 yards into freehold messuage of Basil Forcer and W part converted into a stable and little close adjoining with coachhouse and stable in Elvet in a street called Ratten Row bounding Two Ridges E, freehold close in occupation of Basil Forcer W and Ratten Row N and the Hallgarth S;
(b) 3 roods, 21 perches lately allotted to Basil Forcer on Elvet Moor

Habendum:
- to (2) for 40 years from 5 November 1806 at annual rent to (1) of 8s 6d.

By James Cornwallis, Bishop of Lichfield and Coventry and Dean of Durham, with chapter of Durham to Rev John Fawcett of Newton Hall of tenement of which E end had been pulled down and partly extended 3 yards into freehold messuage of Basil Forcer and W part converted into a stable and little close adjoining with coachhouse and stable in Elvet in a street called Ratten Row bounding Two Ridges E, freehold close in occupation of Basil Forcer W and Ratten Row N and the Hallgarth S and 3 roods, 21 perches lately allotted to Basil Forcer on Elvet Moor for £53.12.11 and for 5 shillings

(I) CC/Deeds 18/18

(II) CC/Deeds 18/19

(III) CC/Deeds 18/20

- by Rev John Fawcett of Newton Hall for £1,200 to justices of the peace for Durham of freehold messuage or burgage in Durham, St Oswald at Head of Old Elvet formerly in occupation of John Forcer, then Bridget Forcer, then Basil Forcer, then Thomas Witham, then Elizabeth Witham of (a) freehold messuage or burgage in Durham, St Oswald at Head of Old Elvet formerly in occupation of John Forcer, esquire, then of Bridgett Forcer, afterwards of Basil Forcer, esquire, the of Thomas Witham, late of Elizabeth Witham; (b) freehold close enjoyed with (a) adjoining leasehold close formerly of Basil Forcer E, Ratten Row N; (c) close called Two Ridges adjoining leasehold close of Basil Forcer W; (d) tenement of which E end had been pulled down and partly extended 3 yards into freehold messuage of Basil Forcer and W part converted into a stable and little close adjoining with coachhouse and stable in Elvet in a street called Ratten Row bounding Two Ridges E, freehold close in occupation of Basil Forcer W and Ratten Row N and the Hallgarth S;
- witnessed by Samuel Castle junior
- attached memorandum of conveyance of 23 August 1974 from Durham County Council to Secretary of State for Environment of part of the land and known as the Crown Court

- by James Richardby of Durham, joiner and cabinetmaker for £262.10.0 to justices of the peace for Durham of plot of ground (part of Belly's Close) containing in length N-S 267 feet and in breadth E-W 82 feet in parish of Durham, St Oswald, bounding close called Barne Croft S, other part of Belly's Close W, Ratton Row N, close purchased of Rev John Fawcett by justices of the peace E

by Sir Henry Lawson of Brough Hall (Yorkshire), baronet (lately called Henry Maire) to justices of the peace for Durham for £505 of freehold ground in Durham, St Oswald containing 1 acre, 1 rood, 16 perches formerly in occupation of General Agnew, deceased, then Dr Cox bounding Ratten Row leading from Old Elvet to New Elvet S, back parts of dwelling houses in occupation of Dr Cox, William Clavering, esquire, Joseph Brown, Thomas Bowes, esquire, John Davison and Mrs Preston N, Old Elvet E and close of John Gregson, esquire W

Parties:
(1) John Robert Davison QC, MP;
(2) Ralph Park Philipson, Clerk of the Peace for County Durham

Reciting:
- two justices of the peace for Durham, under The Prisons Act 1865, made presentment of necessity to enlarge the county gaol;
- the enlargement had been sanctioned by Henry Austin Bruce, Secretary of State for Home Department

Operative Part
- (1) conveyed (a) to (2) for £600

Property:
(a) land with garden, stable and yard adjoining E side of county gaol containing 1 acre, 18 perches in occupation of Mrs Horn

Habendum:
- to (2) in trust for purpose of The Prisons Act 1865

Witness:
- Robert Hoath, butler to John Robert Davison

Attached memorandum of conveyance of 23 August 1974 from Durham County Council to Secretary of State for Environment of part of the land and known as the Crown Court

Parties:
(1) Warden, masters and scholars of University of Durham;
(2) Very Rev George Waddington DD, Dean and chapter of Durham cathedral;
(3) Ralph Park Philipson, Clerk of the Pease of Durham

Reciting:
- (2) were owners of woods, mines, minerals etc with full power to sink pits;
- agreement entered into under The Prisons Act 1865 in order to enlarge the county gaol which had been sanctioned by Henry Austin Bruce, Secretary of State for Home Department

Operative Part
- justices of the peace had paid £180 into the Bank of England with privity of Accountant General of Court of Chancery to credit of 'Exparte the Justices of the Peace for the County of Durham In the matter of the Prisons Act 1865';
- (1) conveyed (a) to (3)

Property [as shown on included plan]:
(a) ground near Durham County Gaol containing 1 rood, 32 perches with right to use road at N or NE entrance to field called Parsons Field leading from Old Elvet to ground formerly of John Robert Davison

Witness:
- Thomas D. Forest, clerk to Ralph Park Philipson of Newcastle upon Tyne, solicitor

For £180 Exparte the Justices of the Peace for the County of Durham In the matter of the Prisons Act 1865

shewing their boundaries and rights of way

Between Durham County Council departments and with District Estates Surveyor, Department of Environment, Newcastle upon Tyne

- surrender by Nicholas Greenwell of Ford, gentleman and Robert Rippon of Lanchester, gentleman out of court at Lanchester before John Griffith, gentleman, deputy of George Brooks, steward;
- of buildings used as a barn and cow byre with land lying behind in Lanchester as now staked out, part and parcel of lands and premises lately purchased by William Ward of Lanchester, esquire from Thomas Wood and Edward Taylor containing in breadth E-W on S side 61 feet 9 inches and in depth N-S on W side 101 feet, 10 inches bounded by town street N, residue of lands lately purchased by William Ward from Thomas Wood and Edward Taylor E, S and W;
- to use of Nicholas Greenwell and Robert Rippon in trust to will of Isaac Waugh of Lanchester, mason who had purchased the premises for £80;
- rent 6d;
- admittance duty 15 shillings;
- examined by John Griffith, deputy clerk of the Halmot Courts

- devising copyhold property of five tenements in occupation of Mr Kell, surgeon, Thomas Toward, carrier, Joseph Waugh, mason, George Burlison, blacksmith and Robert Waugh the owner and a piece of garden bounding River Smallhope, George Walton and Ralph Holmes; a field called Ewe Close situated along Kits Well Lane bounding on George Ornsbey, esquire and William Wray - to his nephew Robert John Waugh, mason (eldest son of Isaac and Elizabeth Ann Waugh), subject to pay to his niece Frances Waugh (eldest daughter of Isaac and Elizabeth Ann Waugh) an annuity of £5;
- bequeathing to his niece Frances all his personal estate;
- devising his dwellinghouse to his brother Joseph Waugh, mason for his life;
- bequeathing £4 to Joseph Waugh;
- appointing Frank Taylor of Aldin Grange as sole executor;
- witnesses: George Walton; John Walton; William Walton
- appearance at Consistory Court of Durham on 16 November 1845 by William Walton of Lanchester of Lanchester, mason;
- administration granted to Frances Waugh, spinster, niece of the testator 16 November 1845

- surrender by Nicholas Greenwell, late of Ford, now of Lanchester, gentleman (who had survived Robert Rippon of Lanchester, gentleman) and Robert John Waugh of Lanchester, mason (devisee in will of Robert Waugh who was devisee of John Waugh who was eldest son and heir of Isaac Waugh) out of court at Durham before Thomas Griffith, deputy of Alexander Atherton Park, esquire, steward;
- of buildings formerly used as a barn and cow byre and piece of ground behind the same situated in Lanchester containing in breadth E-W on S side 61 feet, 9 inches and in depth N-S on W side 101 feet, 10 inches bounded by town street N and lands of William Ward E, S and W - in occupation of Robert John Waugh and William Mason;
- to Mary Reed of Lanchester, spinster, subject to proviso for redemption for Robert John Waugh;
- examined by Thomas Griffith, deputy clerk of the Halmote Courts;
- demise 1d;
- admittance duty 2s 6d;
- mortgage stamp duty 3s 9

Parties:
(1) Robert John Waugh of Lanchester, mason;
(2) Mary Reed of Lanchester, spinster

Reciting:
- CC/Deeds 19/1;
- death of Isaac Waugh on 13 September 1824 leaving John Waugh, his eldest son, as his heir at law;
- will of John Waugh of 4 October 1824 devising his real estate to his youngest brother Robert Waugh in trust to pay his debts and legacies; death of the testator 13 October 1827 and proof of his will on 5 April 1828;
- CC/Deeds 19/2;
- (1) had requested £100 from (2);
- CC/Deeds 19/3

Operative Part
- (1) covenanted with (2) to pay £100 and 5% interest

Witnesses:
- John Proud junior, clerk to W. A. Marshall of Durham, solicitor

- surrender by Robert John Waugh out of court in Durham before Joseph Davison, gentleman, deputy of James Jell Chalk, steward;
- of buildings formerly used as a barn and cow byre and piece of ground behind the same situated in Lanchester containing in breadth E-W on S side 61 feet, 9 inches and in depth N-S on W side 101 feet, 10 inches bounded by town street N and lands of William Ward E, S and W - in occupation of Robert John Waugh and William Mason;
- to William Leybourne of Upperhouses in Lanchester, farmer, subject to proviso for redemption for Robert John Waugh on payment of £180 and interest at 5% interest;
- demise 1d;
- admittance duty 2s 6d;
- mortgage stamp duty 5 shillings

- by Robert John Waugh of Lanchester, mason to William Leybourne of Upperhouses in Lanchester in penal sum of £50 to secure repayment of £25 and 5% interest

- surrender by William Leybourne of Upperhouses near Lanchester, farmer and Robert John Waugh of Lanchester, mason out of court at Durham before Joseph Davison, gentleman, deputy of James Jell Chalk, esquire, steward;
- two messuages with stable, coalhouses and other buildings behind on W side of Lanchester town street containing in breadth E-W on S side 61 feet, 9 inches and N-S on W side 101 feet, 10 inches and in occupation of John Henderson and others bounding town street N and premises of John Ward, deceased S, E and W
- to Thomas Wall of Lanchester, butcher in trust for Jonathan Wall of Lanchester, butcher (who had purchased the premises for £330 discharged from payment of £180 mortgage;
- demise 1d;
- admittance duty 2s 6d;
- sale stamp duty £1.15.0

(I) Indenture by virtue of Poor Law Amendment Act 1834 and Union of Parish Property Act 1835 under order of Poor Law Board of 31 March 1870

Parties:
(1) William John Cuthbert Ward of Lanchester, esquire;
(2) Guardians of the Poor of Lanchester Union

Reciting:
- will of William Ward of Lanchester, gentleman of 23 March 1811 devising freehold tithes and premises to William Thomas Greenwell of Ford in Lanchester, esquire to the use of testator's son John for his life, remainder to use of William Thomas Greenwell during the life of John Ward in trust to preserve contingent uses to permit his son John to take rents and profits and for his own benefit during his life and after the death of John to use his issue in tail male; devising copyhold property to William Thomas Greenwell in trust for the same uses as the freehold property;
- death of William Ward in 1814 and proof of his will at Consistory Court of Durham on 15 December 1814;
- John Ward married Sophia Collins on 21 February 1843 and died on 27 January 1853 leaving William John Cuthbert Ward, his only son, as his heir at law (who was born 24 September 1845)

Operative Part
- (1) covenanted to surrender (a) to (2) for £1,050

Property:
(a) two parcels of land with three cottages thereon in Lanchester adjoining the Lanchester Union workhouse containing 4 acres, 1 rood, 18 perches bounded by: North Eastern Railway W; land of (1) and road from Lanchester to Newbiggin E; partly by workhouse and lands of (2) and partly by land of (1), John Walton and Joseph Hull N; road from Lanchester to Wolsingham S - part of a close called Pindar Flatt containing 8 acres and of three closes called Jolty Closes containing 5 acres and were part of the premises in surrender of 8 October 1804 to William Thomas Greenwell and George Greenwell in trust for William Ward and admittance of 12 October 1857 of Rev William Greenwell, eldest son and heir at law of William Thomas Greenwell who died intestate

Habendum:
- to the use of (2)

(II) Office copy surrender of 31 March 1870

Parties:
(1) Francis Holmes of Peth House, Lanchester, farmer;
(2) Guardians of the Poor of Lanchester Union

Operative Part
- (1) released (a) to (2) for £15

Property [as shown on included plan]:
(a) right of way of (1)

To the intent to extinguish the right of way

Witness:
- William Walton Thompson, clerk to Guardians of Lanchester Poor Law Union

- surrender by out of court by Guardians of the Poor of Lanchester at Lanchester before William Walton Thompson, gentleman, deputy of George Pringle, steward;
- of plot with messuages and other buildings at Lanchester measuring N-S 70 feet, 7 inches and E-W at N side 86 feet 10 inches and at S side 43 feet, 2 inches bounded by land of Guardians of the Poor of Lanchester Union N and E, land of North Eastern Pailway Company W and road from Lanchester to Wolsingham S - part of premises in surrender of 31 March 1870 from Rev William Greenwell and William John Cuthbert Ward to Guardians of the Poor
- to John Proud of Bishop Auckland, gentleman, purchaser for £239.15.4;
- demise fee 4d;
- sale stamp £1.5.0

(I) CC/Deeds 19/10

- surrender by John Proud of Bishop Auckland, gentleman, James Hamilton of Lanchester, cooper and Joseph Robert Collins of Burnhope, miner out of court at Bishop Auckland and Newcastle upon Tyne (Northumberland) before Addison Hoyle and Daniel Lawrence Ferguson, gentlemen, deputies for Alfred de Bock Porter;
- of ground with messuage and other buildings erected in Lanchester measuring N-S 70 feet, 7 inches and E-W at N side 86 feet, 10 inches and at S side 43 feet, 2 inches bounded by land of Lanchester Guardians of the Poor N and E, land of North Eastern Railway Company W and road from Lanchester to Wolsingham S
- to William Gray of Burnhope, provision merchant;
- reciting James Hamilton had agreed with Joseph Robert Collins for sale for £250;
- reciting that to enable Joseph Robert Collins to complete the purchase William Gray had agreed to advance £200;
- stating that the property above were surrendered to William Gray in trust as mortgagee to secure repayment of £200 and 5% interest
- mortgage stamp duty 5 shillings;
- sale stamp duty £1.5.0;
- demise fee 4d

Parties:
(1) Joseph Robert Collins of Sacriston, miner;
(2) David Champney of Lanchester, lodging house keeper

Operative Part
- (1) leased (a) to (2)

Property:
(a) dwellinghouse at Lanchester in occupation of (2) as a lodging house with stable, piggery and other outbuildings and yard, garden and appurtenances

Habendum:
- to (2) for 15 years from 23 November 1892 at annual rent of £34

Witnesses:
- J. Mawson of Durham, solicitor

- surrender by William Gray of Burnhope, provision merchant out of court at Durham before John Blackburn Maude, deputy for Alfred de Bock Porter, steward
- of ground with messuage and other buildings erected in Lanchester measuring N-S 70 feet, 7 inches and E-W at N side 86 feet, 10 inches and at S side 43 feet, 2 inches bounded by land of Lanchester Guardians of the Poor N and E, land of North Eastern Railway Company W and road from Lanchester to Wolsingham S
- to Joseph Robert Collins of 3 Hunters Street, Sacriston, draper;
- demise fee 4d;
- reconveyance stamp duty 1 shilling
- examined by F. A. Mailey, deputy clerk of Halmote Courts

Parties:
(1) William Logan of Langley Park, mining engineer;
(2) Guardians of the Poor of Lanchester Union

Operative Part
- (1) agreed to let to (2) full right of way along road 9 feet wide as shown on attached plan from 25 March 1899 [leading from Front Street over land later built upon]

Witnesses:
- George Peel of Langley Park, clerk;
- W. H. Ritson, clerk to the Guardians of the Poor of Lanchester

Parties:
(1) Guardians of the Lanchester Union;
(2) William Lister Newcombe and Charles Frederick Newcombe both of 89 Pilgrim Street, Newcastle upon Tyne (Northumberland), architects

Reciting:
- (1) had decided on alterations to the workhouse and erection of cottage homes, a new board room and other buildings in connection with the workhouse;
- statement of 11 March 1902 showing required alterations and new buildings and conditions of competition between architects;
- the design by (2) had been selected

Operative Part
- (1) appointed (2) as architects for the new works

Witnesses:
- W, H, Ritson, clerk to the Guardians;
- W. Sutton junior of Newcastle upon Tyne, solicitor

- surrender out of court at Durham before Frederick Augustus Manley, gentleman, deputy for Sir Alfred de Bock Porter KCB, steward;
- of two copyhold dwellinghouses with stable, coachhouses and other buildings behind on W side of Lanchester town street containing E-W at S side 61 feet, 9 inches and N-S at W side 101 feet, 10 inches formerly in occupation of John Henderson and others, then George Snaith, John Gowlett and James Lefroy bounding: town street N; land formerly of representatives of John Ward, now of William Logan, the Guardians and trustees of the Wesleyan chapel S, E and W [as shown on included plan, scale 33 feet to 1 inch];
- to William Henry Ritson, clerk to the Guardians of the Poor of Lanchester Union the purchaser for £500 paid by the Lanchester Guardians;
- demise fee 1d;
- stamp duty £2.10.0;
- examined by F. A. Manley, deputy clerk of the Halmote Courts

Parties:
(1) John Wilson of Deanery of Lanchester, physician and surgeon;
(2) William Henry Ritson, clerk to the Guardians of the Poor of Lanchester Union

Reciting:
- CC/Deeds 19/18;
- deeds in the schedule relate to property in the surrender

Operative Part
- (1) agreed to deliver scheduled deeds to (2) on demand

Schedule:
- copy will of Jonathan Wall of 25 October 1873;
- succession account of Sarah Wall of 9 July 1890;
- office copy admittance of William Wall of 22 September 1894;
- office copy surrender from William Wall to Sarah Wilson of 24 September 1894

Witness:
- William Lisle of Durham, solicitor

Parties:
(1) Ecclesiastical Commissioners for England;
(2) Guardians of the Poor of Lanchester Union

Reciting:
- acts of parliament relating to (1) and Order in Council of 4 April 1856 ratifying a scheme;
- act of parliament and Order in Council of 28 April 1856 of sale from (1) to (2)

Operative Part
- (1) conveyed (a) to (2) for £50

Property:
(a) plot of land in Lanchester as shown on included plan [on corner of Front Street and Newbiggin Lane]

Proviso
- mineral rights reserved by (1)

Witnesses:
- F. A. Manley, registrar of Ecclesiastical Commission;
- W. H. Ritson, clerk to Guardians

Parties:
(1) Guardians of the Poor of Lanchester Union;
(2) David Champney of Lanchester, lodging house keeper

Operative Part
- (1) agreed to let (a) to (2)

Property:
(a) dwellinghouse, yard and premises at Lanchester as shown on in included plan

- surrender by Joseph Robert Collins of 3 Hunters Street, Sacriston, draper out of court at Durham before Frederick Augustus Manley, deputy of Sir Alfred de Bock Porter, steward
- of dwellinghouse and other buildings erected at Lanchester measuring N-S 70 feet, 7 inches and E-W at N side 86 feet, 10 inches and on S side 43 feet, 2 inches bounding: land of Guardians of the Poor for Lanchester Union N and E, land of North Eastern Railway Company W and road from Lanchester to Wolsingham S;
- to William Henry Ritson, clerk to Guardians of the Poor of Lanchester Union, purchaser for £500;
- examined by F. A. Manley, deputy clerk to the Halmote Courts;
- memorandum of conveyance of 16 December 1963 by Durham County Council (successors in title of Lanchester Union) to Anne Smith of 196 square yards of land with dwellinghouse numbered 2 Station Road Cottages;
- memorandum of conveyance of 9 January 1964 by Durham County Council to Lawrence Pearson of 290 square yards of land with dwellinghouse numbered 1 Station Road Cottages

Parties:
(1) Sir S. A. Sadler Limited, Middlesborough and Malton Colliery;
(2) Guardians of the Poor of Lanchester Union

Reciting:
- (2) proposed to light the workhouse, cottage homes and offices at Lanchester with gas;
- eight conditions

Operative Part
- (1) agreed to provide gas lighting to (2)

To be fixed and afterwards removed by S. A. Sadler Limited in a dwelling and lodging house occupied by David Champney in Station Road, Lanchester

- by Richard Browne of Banke in Fewsdale (Westmorland) bargaining and selling to Mary Browne (his daughter) for £35, the cottage in Fensdale called Smale thornes of annual rent 20d and in his own occupation which he purchased from John Walker, according custom of the Barony of Barton;
- Richard Browne signed by mark;
- witnesses: Richard Birkett Clarke; Edward Cookerby[?]; John Browne; Richard Walker

- admission of John Dawes of moiety of a messuage in Martindall (Westmorland) called The Bowtown at rent of 5 shillings;
- examined by John Webster

Parties:
(1) Richard Browne of Knott in the hamlet of Weathermealock [Watermillock] in the parish of Graystock (Cumberland), yeoman;
(2) Edward Dawes of Hawtowne in Martindale in the Barony of Barton (Westmorland), yeoman

Operative Part
- (1) bargained and sold (a) to (2) for £140

Property:
(a) moiety of estate and half tenement at Howtowne held of Thomas, Earl of Sussex, Lord Dacre at annual rent of 5 shillings and 'seaven chattles grassing' and part of a pound of meadow adjoining John Braithwhaite's forest meadow of yearly rent of 7s 6d

Habendum:
- to (2) according to custom of the Manor of Martindale

Witnesses:
- Christopher Browne;
- Frances Sisson [by mark];
- William Brownrigg

Parties:
(1) John Brown of Bank in Fewsdale in Martindale in the Barony of Barton (Westmorland), husbandman;
(2) Mary Law of Cawdall in the parish of Bampton (Westmorland), widow

Operative Part
- (1) bargained and sold (a) to (2) for £60

Property:
(a) messuage at Bank in Fewsdale in Martindale held from Sir Christopher Musgrave, baronet, Lord of the Manor of Martindale at annual rent of 10 shillings

Habendum:
- to (2) according to the custom of the manor

Witnesses:
- Antyany Law;
- William Wilkinson;
- Richard Law

John Browne signed by mark

- admission of Thomas Brown, son of John Brown of Bank, after the death of his father;
- to messuage and tenement in the manor of annual rent 10 shillings;
- rent 10 shillings;
- examined by Thomas Simpson, steward

Parties:
(1) John Robinson of Watermelock [Watermillock] in the parish of Graystock (Cumberland), esquire (eldest son, heir and executor of the will of John Robinson or Watermelock, gentleman, deceased);
(2) Mary Brown of Clifton (Westmorland), spinster (daughter and heir of John Brown of Wasdale head in the parish of Shap (Westmorland), woolstapler, deceased);
(3) John Dawes, nigh Cannonbury House (Middlesex), esquire

Reciting:
- mortgage by bargain and sale of 6 August 1754 between (i) John Brown of Wasdalehead in the parish of Shap, woolstapler and (ii) John Robinson of Watermelock in the parish of Graystock, gentleman of (a) and (b) for £247;
- default in repayment making estate of John Robinson absolute;
- death of John Robinson;
- death of John Brown in 1755 leaving (2) entitled to equity of redemption;
- (2) contracted sale to (3);
- £260.14.6 was now owed on mortgage to (1)

Operative Part
- (3) paid £260.14.6 to (1);
- (3) paid £189.5.6 to (2);
- (1), with consent of (2), assigned (a)-(b) to (3)

Property:
(a) customary messuage in Bank, in Fewsdale in Martindale (Westmorland) held of the Manor of Martindale at annual rent of 10 shillings;
(b) 4 cattlegates in New Forest and 2 pales of meadow in the Fitts and Cornholme in Martindale at annual rent of 4s 8d in occupation of Robert Clarke as farmer

Habendum:
- to (3) paying rent to Edward Hasell

Witnesses:
- Joseph Law;
- David Harrison;
- William Green;
- William Dixon

- of John Robinson, son and heir of John Robinson, deceased of a messuage in Bank in Fewsdale;
- at the house of Edward Richardson at Powley Bridge;
- rent 10 shillings;
- examined by William Dixon, steward

- of Mary Brown, daughter and heir of John Brown, deceased of a messuage in Bank in Fewsdale;
- at the house of Edward Richardson at Powley Bridge;
- rent 10 shillings;
- examined by William Dixon, steward

- of John Dawes, esquire on surrender of Mary Brown and John Robinson to messuage in Bank in Fewsdale;
- at the house of Edward Richardson at Powley Bridge;
- rent 10 shillings;
- examined by William Dixon, steward

Parties:
(1) Joseph Law of Carhullen in parish of Bampton (Westmorland), yeoman
(2) Thomas Dawes of Island of Granada, yeoman (son and heir of Edward Dawes of Howtown in Martindale in the Barony of Barton (Westmorland);
(3) John Dawes of Cannonbury in the parish of Islington (Middlesex), esquire

Reciting:
- mortgage by bargain and sale of 24 May 1745 from (i) Edward Dawes of Howtown in Martindale and Barony of Barton (Westmorland), bachelor to (ii) Joseph Law of Carhullen in the parish of Barton, yeoman for £150 of (a)-(b) (seven cattlegates in New Forest later sold by Edward Dawes to Robert Richardson and John Lancaster);
- default in payment making estate of Joseph Law absolute;
- death of Edward Dawes in 1766 leaving his son Thomas as his heir at law
- (2) had contracted sale to (3);
- £150 now owing to (1)

Operative Part
- (3) paid £150 to (1);
- (3) paid £400 to (2);
- (1), by direction of (2), assigned (a)-(b) to (3)

Property:
(a) messuage at Howtown in Martindale held of Edward Hasell at rent of 10 shillings per annum;
(b) 2 grasses or cattlegates in Rampsgill in Martindale held of Edward Hasell at rent of 2s 9d per annum;
- (a)-(b) held under Edward Hasell, Lord of the Manor of Martindale;

Habendum:
- to (3) paying rent to Lord of the Manor

Witnesses:
- William Redhead of Bank;
- Thomas Noble of High How, Bampton;
- Edward Sargent of Granada;
- Sam Sandbach of Granada

Attached affidavit by Edward Sargent of Portsmouth (New England), mariner, master of the ship 'Dispatch';
- he saw Thomas Dawes at the signing of the conveyance of 5 January 1775

- of John Dawes, on surrender of Thomas Dawes, to messuage in Howtown;
- rent 10 shillings;
- examined by William Dixon, steward

Parties:
(1) Edward Hasell of Dalemain (Cumberland), esquire, Lord of the Manor of Martindale, member of the Barony of Barton (Westmorland);
(2) John Dawes of Cannonbury in the parish of Islington (Middlesex), esquire

Operative Part
- (1) enfranchised (a)-(b) to (2) for £1.1.0

Property:
(a) Messuage at Bank in Fewsdale in the parish of Barton at rent of 10 shillings per annum;
(b) messuage in Howtown in Martindale in the parish of Barton at rent of 10 shillings per annum

Habendum:
- to (2) reserving to Edward Hasell the two rents of 10 shillings each

Witnesses:
- Thomas Martindale;
- William Noble;
- William Dixon of Penrith (Westmorland);
- John Towers

Parties:
(1) John Dawes of Cannonbury in the parish of Islington (Middlesex), esquire;
(2) Richard Mounsey of High Widewarth in the parish of Askham (Westmorland), yeoman

Operative Part
- (1) enfeoffed (a)-(b) to (2) for £1,260

Property:
(a) freehold messuage at Back in Fewsdale in the parish of Barton (Westmorland) in the Manor of Martindale at annual rent of 10 shillings;
(b) 10 grasses or cattlegates in Rampsgill and New Forest and several dales or parcels of land in the meadows of Martindale in the parish of Barton at annual rent of 14s 1d

Habendum:
- to (2) subject to payment of a quitrents of 10 shillings and 14s 1d

Witnesses:
- William Jackson of Poultry (London);
- John Martindale of St James' Street (London)

By John Dawes senior and John Dawes junior of Cannonby in the parish of Islington (Middlesex), gentlemen to Richard Mounsey of Widewarth in the parish of Askham (Westmorland) yeoman in penal sum of £600 to perform covenants in CC/Deeds 20/13; witnessed by William Dent and John Martindale of St James' Street, London

Parties:
(1) Richard Mounsey of Melguards in the township of Martindale in the parish of Barton (Westmorland), yeoman;
(2) John Mounsey of Penrith (Cumberland), joiner

Operative Part
- (1) enfeoffed (a) and conveyed (b)-(c) to (2) for £400 and for annuity of £10 to be paid by (2) on 26 April 1802 and annually during the life of (1)

Property:
(a) freehold messuage at Bank in township of Martindale in the parish of Barton (Westmorland) and in the Manor of Martindale subject to payment of 10 shillings quitrent to Lord of the Manor of Martindale;
(b) 4 grasses or cattlegates in New Forrest in Martindale in the parish of Barton subject to payment of annual rent of 10d per grass or cattlegate;
(c) Braithwaite's Paddock in Bank at annual rent of 4d

Habendum:
- to (2) subject to payment of rent of 10 shillings and customary rent of 3s 8d

Witnesses:
- Henry Johnson;
- John Walker

Parties:
(1) Richard Mounsey senior of Melgards in township of Martindale in parish of Barton (Westmorland), yeoman;
(2) Richard Mounsey junior of Howtown in the parish of Barton

Operative Part
- (1) to (2) for £120 and for £2 annuities to be paid to each of Richard Mounsey's daughters Mary Green, Jane Wilkinson and Ann Salkeld during the life of (1)

Property:
(a) freehold inclosures in Howtown in the township of Martindale in the parish of Barton (Westmorland) in the Manor of Martindale subject to payment of annual quitrent of 5s 6d;
(b) 3 inclosures called High and Low Greenbanks and Crosslands

Habendum:
- to (2) subject to payment of quitrents of 5s 6d

Witnesses
- Henry Johnson;
- Thomas Clark

- Croft 2 acres, 1 rood, 26 perches;
- High Field 4a, 1r, 8p;
- Middle Field 5a, 2r, 20p;
- Far Field 3a, 3r, 19p;
- Wood 2r, 35p;
- New Field 1a, 2r, 24p;
- Parrock 1a, 1r, 20p;
- Law Field 21, 1r;
- Myres 1a;
- Orchard 1r, 20p
- Braithwaite's Paddock 1a

Parties:
(1) John Mounsey of Warton (Lancashire), yeoman;
(2) Thomas Greenwood of Lancaster (Lancashire), mason

Operative Part
- (1) demised (a)-(h) to (2) for £600

Property:
(a) messuage at Bank in township of Martindale in parish of Barton (Westmorland) in Manor of Martindale consisting of two dwellinghouses, one barn, two stables, two shippons;
(b) The Croft of 2 acres, 1 rood, 19 perches;
(c) wood of 2 roods, 35 perches;
(d) New Field of 1 acre, 2 roods, 24 perches;
(e) The Parrock of 1 acre, 1 rood, 20 perches;
(f) Low Field of 2 acres, 1 rood;
(g) Myers of 1 acre;
(h) The Orchard 1 rood, 20 perches;
- (a)-(h) in occupation of Richard Mounsey and Robert Wilkinson

Habendum:
- to (2) for 1,000 years subject to equity of redemption for (1) on payment of £600 and interest

Witnesses:
- John Baldwin;
- Thomas Thompson

Parties:
(1) John Mounsey of Warton (Lancashire), yeoman;
(2) Thomas Thompson of Lancaster (Lancashire), gentleman and John Edward Willan of Priest Hutton (Lancashire), land surveyor

Operative Part
- (1) demised (a)-(h) to (2) for £100

Property:
(a) messuage at Bank in township of Martindale in parish of Barton (Westmorland) in Manor of Martindale consisting of two dwellinghouses, one barn, two stables, two shippons;
(b) The Croft of 2 acres, 1 rood, 19 perches;
(c) wood of 2 roods, 35 perches;
(d) New Field of 1 acre, 2 roods, 24 perches;
(e) The Parrock of 1 acre, 1 rood, 20 perches;
(f) Low Field of 2 acres, 1 rood;
(g) Myers of 1 acre;
(h) The Orchard 1 rood, 20 perches;
- (a)-(h) in occupation of Richard Mounsey and Robert Wilkinson

Habendum:
- to (2) for 2,000 with proviso for equity of redemption for (1) on payment of £100 and interest

Witness:
- Robert Tyrer

Parties:
(1) Richard Mounsey of township of Martindale in parish of Barton (Westmorland), yeoman;
(2) John Mounsey of township of Warton with Lindeth in parish of Warton (Lancashire)

Reciting:
- (1) was seized of a messuage at Howtown in Martindale in parish of Barton;
- (2) was seized of a messuage at Bank in Fewsdale in parish of Barton;
- scheduled deeds were in custody of (1) but also related to property of (2)

Operative Part
- (1) covenanted to produce scheduled deeds to (2) on demand

Schedule
- CC/Deeds 20/12;
- CC/Deeds 20/14

Witnesses:
- Robert Wilkinson;
- Edward Sisson

Parties:
(1) Thomas Greenwood of Lancaster (Lancashire), master mariner;
(2) Thomas Thompson of Lancaster, gentleman and John Edward Willan of Priest Hutton (Lancashire), land surveyor;
(3) John Mounsey of Warton, innkeeper and Sarah, his wife;
(4) Joseph Mounsey of Howtown in Martindale in parish of Barton (Westmorland) (third son of Richard Mounsey of Howtown, yeoman

Reciting:
- CC/Deeds 20/18;
- principal sum of £600 not paid making estate of (1) absolute;
- CC/Deeds 20/19;
- principal sum of £100 not paid making estate of (1) absolute

Operative Part
- (4) paid £600 to (3);
- (3) released (a) to (4)

Property:
(a) dwellinghouses and three closes of land called Myers Croft and High Field containing together 8 acres, 14 perches, part of Bank Estate in Martindale (Westmorland) bounded by common or wastelands E, lands purchased by Henry Wilkinson N and in occupation of Robert Wilkinson

Habendum:
- to (4), to use of (4) for ever subject to payment of quitrent of 4s 3½d to Edward Hasell and apportioned modus of 1 shilling to John de Whelpdale, esquire in lieu of hay and corn tithes

Operative Part
- (4) paid 5 shillings to (1) and (2);
- (1) and (2), by direction of (3) assigned (a) to (4) for remainder of terms of 1,000 and 2,000 years

Covenant by (3) to levy a fine sur cognizance de droit come ceo etc to (4) to bar Sarah's dower

Witnesses:
- William Jackson;
- James Jackson;
- John Baldwin;
- R. Tyrer

(I) CC/Deeds 20/15

(II) CC/Deeds 20/16

(III) CC/Deeds 20/18

(IV) CC/Deeds 20/19

(V) CC/Deeds 20/20

(VI) CC/Deeds 20/21-22

(VII) Annuity receipt by John Mounsey 25 November 1856

(VIII) Annuity receipt by John Mounsey 2 December 1857

(IX) Annuity receipt by John Mounsey 22 November 1858

(X) Annuity receipt by John Mounsey 29 November 1859

(XI) Succession Duty receipt Richard Mounsey junior 17 December 1856

(XII) Succession Duty receipt Richard Mounsey 19 August 1875

(XIII) Succession Duty receipt Richard Mounsey 18 December 1879

(XIV) Succession Duty receipt John Mounsey 18 December 1879

(XV) Succession Duty receipt Richard Mounsey 4 June 1885

(XVI) Mortgage 30 July 1901 (1) Richard Mounsey the younger; (2) William R. Mounsey and others

(XVII) Transfer of mortgage 22 February 1902 (1) William R. Mounsey and others, (2) William John Heskett

(XVIII) Mortgage 5 March 1902 (1) William John Heskett, (2) William Little and Tom Lamonby

(XIX) Transfer of mortgage 10 October 1902 (1) William John Heskett and another (2) Mary Elizabeth Walton and others

(XX) Transfer of mortgage 22 February 1912 (1) Mary Elizabeth Sloman and others, (2) Joseph and Taylor Robinson

(XXI) Mortgage 25 January 1918 (1) Richard Mounsey (2) Joseph Robinson

(XXII) Reconveyance 13 April 1921 (1) Joseph and Taylor Robinson (2) Richard Mounsey

(XXIII) Lease 9 November 1921 (1) Henry Strachan (2) Richard Mounsey and his wife

(XXIV) Estate Duty account Richard Mounsey 6 November 1922

(XXV) Mortgage 6 July 1926 (1) Ann Jane Maud Mounsey, (2) John Preston

(XXVI) Copy particulars and conditions of sale and contract 1929

(XXVII) Abstract of title

(XXVIII) Conveyance 19 December 1929 (1) Ann Jane Maud Mounsey (2) Alice Spence

(XXIX) Mortgage 20 December 1929 (1) Alice Spence, (2) Ladyshore Coal Company Ltd

- The Mount, formerly known as Egton Kennels, a nearby bungalow and 14½ acres of land;
- joint auctioneers and agents: A. Cobden Soar & Son of Lake House, Battle (Sussex); Thornborrow & Company of St Andrew's Churchyard, Penrith (Westmorland); Penrith Farmers' & Kidd Auction Company Ltd;
- solicitors: Reed, Graham & Little of Penrith;
- The Mount: on Ullswater above Howtown Bay; about forty years old; stone built; three-storey; slated roof; on ground floor vestibule, lounge hall, drawing room 26 feet by 15 feet, dining room 18 feet by 5 feet, kitchen 18 feet by 15 feet, scullery; first floor four bedrooms, two bathrooms; second floor three bedrooms, one bathroom;
- electric light, boiler central heating;
- stone and slate tool shed and workshop, coal and stick houses, range of wooden buildings, garage, lean-to shed, meal house, lean-to kennels;
- lawn and heather garden;
- bungalow built 1919, brick and roughcast; entrance hall, sitting room, three bedrooms, bathroom, kitchen, back kitchen, pantry, spare bedroom over the hall reached by a ladder; outside WC, store room, coal house, two kennels; electricity;
- dwelling house and gardens 0.858 acre; pasture, bungalows and buildings 6.662 acres; pasture 1.75 acres; pasture 2.471 acres; pasture 2.521 acres; foreshore 0.158 acre;
- rateable value £48, bungalow £10;
- freehold except 1.75 acre pasture leasehold on 40 year lease from 11 November 1921 from Henry Strachan to Richard Mounsey and Ann Jane Maud Mounsey at 10 shillings per annum; Richard Mounsey dead, Ann Mounsey 75 years old

- to improve jetty and erection of new jetty, with site layout and location plans

- of land adjoining Mount Ivory, Howtown and Ullswater of 5 acres, 1 rood, 8 perches owned by Durham County Council

- 98 colour photographs of exterior and interior;
- photographs taken by David M. Rowell;
- Steve D. Mitchell for Howtown Outdoor Education Centre Ltd