Michael D.Heath-Caldwell M.Arch.

P Holland Esq.

Knutsford.

Addressed to the Members of both Houses of Parliament.

During the Session of Parliament, which is now in progress, the Legislature will be called upon to sanction numerous Bills for the construction of Railways in various parts of the Kingdom, the aggregate length of which will amount to many hundred miles, and which will require the appropriation of several millions of capital. But before the Acts, giving the necessary powers for that purpose, are granted, it may be well that the Members of both Houses of Parliament should bestow their attention on a few considerations, derived not from scientific principles, but from the exercise of the plain COMMON SENSE, which applies the lessons of experience to the regulation of conduct in the ordinary affairs of life. These considerations are directed chiefly to the question, whether it be expedient, in the present state of our knowledge of Railways, to urge their construction with the precipitancy, and to the extent, which are contended for by the advocates of this new mode of communication? It is the object of these few pages to examine the question with impartiality, and with all the brevity that is consistent with a perspicuous view of the argument.

The employment of Railways, which had been long in use at the principal iron and coal-works in Great Britain, was first recommended for general adoption about the year 1821. their fitness, or unfitness, for this more extensive purpose, soon became a matter of public discussion; and various, and even opposite, opinions were advanced by engineers of the greatest eminence. It was not till the year 1824, that the construction of a Railway for general use was determined to be carried into effect between Liverpool andManchester. The line, selected for the experiment, was the most favourable to success that could possibly have been chosen, both on account of the level nature of the ground, and of the vast amount of carriage between its extreme points. The work was conducted with great spirit and perseverance; and, in September, 1835?, the road was sufficiently advanced to be opened for use.

During the time when the Railway was constructing, the public opinion gradually acquired a bias, and at length a decided direction, in favour of this new mode of communication. But the spirit of enthusiasm was excited to the highest pitch, by the display which took place on the memorable day of its being first opened. With a justifiable desire to render that event as impressive as possible, the Directors gave to it all the accompaniments of pomp and circumstance, which could accrue from splendid trains of carriages, and from the presence of persons, distinguished for rank, station, and talents. With on melancholy exception, not imputable to any defect of their arrangements, the proceedings of the day were well adapted to astonish and delight the vast assemblages of people gathered from a widely extended district of the surrounding country, and from the most distant parts of the Kingdom. No one, whatever might be his own peculiar interests, could witness this great triumph of industry and skill, (by which a power of terrific force was subdued to the most easy government, and so directed as to give to inert matter the semblance of intelligence, and an efficacy of strength, and velocity of movement, surpassing those of the most perfect animals,) without the warmest admiration; and even without an honest pride, in belonging to the age and country in which such inventions had their origin.

But it is of the nature of enthusiasm not to stop at that due point, within which it is a wholesome principle of action, and an incitement to needful and vigorous exertion. Too often it transgresses those sober boundaries, and becomes the source of illusions, which, by their extent and extravagance, inflict the most serious evils upon the community. This is precisely what has happened with respect to theLiverpooland Manchester Railway. Because much has been done to prove the safety and advantages of Railway under certain circumstance, it has been rashly concluded that every thing has been accomplished, which was necessary to demonstrate the universal preference due to Railways over the established modes of communication. Because a Railway over a tolerably level ground, and between two of the most populous towns in the Kingdom, promises to answer its purpose where speed is required, it has been proposed, gravely and in earnest, to carry railways over the tops of mountains, at an elevation of more than 1,000 feet above the sea-level, and even to penetrate the bases of those mountains by inclined tunnels more than three miles in length. Schemes of Railways, which had been abandoned as impracticable or hopeless of profit, have, from the supposed brilliant success of the Liverpool Railway, been revived under the same or other shapes. And nearly the whole island has been marked out by lines of Railways, for which proposals have been issued ascertain sources of wealth to the contributors, and of unbounded advantages to commerce. To these projects, a great part of the Public has lent a willing ear, seduced by the bold and confident pretensions of the persons with whom they originated, many of whom are sure to benefit immediately and considerably, whatever ruin may be entailed on the subscribers at large. Deposits on the shares have been paid, with the intention, the moment the Acts shall be obtained, of securing a profit, by persons who will be reduced to great distress if, from inability to transfer their shares, they should be rendered liable to the usual calls for the periodical advances of capital.

And what is the foundation of all these wild and extravagant speculations? Nothing more (if may safely be answered) than EXPERIMENT, which is still in actual progress; of which the result yet remains to be ascertained; and which, from its nature, cannot be completed for a considerable time yet to come. What hope and encouragement for the future may arise out of the trial of the Liverpool Railway, now going on, especially as respects the consistency of speed with safety, it cannot be pretended that sufficient proof has yet been given of the main point, required to establish the superiority of Railways over canals, viz., their GREATER ECONOMY. Of this, the reduction in the tonnage of raw cotton, in which the Railway has been followed by the water-carriers, is no proof; because the rate now charged, within one shilling per ton, was fixed by the Railway Act, at a time when the cost of its conveyance could only have been approximated by an estimate. Unless, however, the cardinal point of greater economy can be clearly made out, the advantages of the Railway will be limited (as is still the opinion of many of the best judges) to those cases, in which an extra-price can be afforded, for the rapid conveyance of passengers, and of those lighter articles of merchandize which are required to supply immediate demands. The proof which is required must consist, not in ESTIMATES OF CALCULATIONS; for of the fallaciousness of these we have already had sufficient experience in the case of the Liverpool Railway, the cost of which (upwards of £30,000 per mile) is more than double the estimate; but in bona fide evidence, to be derived, at a fit season, from a fair winding-up of the accounts of the concern; from a balance sheet, proving that after paying interest on the sunk capital, and defraying the current expenses, there will be a surplus of actual profit, however moderate, to be divided among the Proprietors. Such an investigation, it is obvious, cannot be completely finished; that the sufficiency of the work should be ascertained by longer experience; that the solidity of the foundation, the durability of the road and embankments, should be fairly tried; that the wear and tear of the rails, carriages, and machinery, should be determined, both under the present system of exclusive use by the Company of Proprietors, and when thrown open, as is proposed, to carriers in general. These, and variety of other data, hitherto unknown, must be acquired by actual experience, before it can be pronounced, with just confidence, that Railways can carry at a cheaper rate than Canals. They are points upon which Directors and Engineers can at present offer nothing but random conjectures, quite unworthy of being made the ground of undertakings, which will absorb many millions of the capital of the nation.

It has been said that Parliament has nothing to do with the success or failure of the Liverpool Railway; and that it has only to grant the necessary powers to those who choose to take the risk of similar undertakings, without regard to the loss or ruin which may befall either the adventurers themselves, or any other persons. But it must be remembered that over all great works, such as canals and railroads, necessarily affecting a great variety of interests, the Legislature already exercises a superintending vigilance and control; and that it protects individuals and the public from those injuries, which, in the eager pursuit of their object, speculators are too apt to overlook. Even the Cottager cannot be deprived of his house or garden for the public good, without giving him an opportunity of expressing his dissent, and without full reparation for the loss he may sustain. It would be a solecism, then, to content that while the Legislature guards these less important rights, it should neglect the great and momentous interests of those, who have already embarked large capitals in establishing modes of communication, which it is the object and the boast of the projectors of Railways to supersede and even to annihilate. The Proprietors of the existing channels conceive, therefore, that the great principles of NATURAL JUSTICE give them a claim to expect that they shall not be subjected to grievous injury without full and sufficient cause. All they demand is a calm and dispassionate consideration of their case. They protest against being sacrificed, under an excited state of the popular feeling, to a widely-spread and mischievous illusion, which has deprived great numbers of persons, of all capacity for calm and sober reflection on this one subject. They deprecate the reckless multiplication of rival modes of communication, many of them running parallel with and closely contiguous to their own, which cannot benefit the adventurers, and will infallibly and deeply injure the existing works; because, when once constructed, the new works must seek tonnages, even at prices which will not pay interest on the first cost.

But while the Proprietors of canals urge their claim on the protection of Parliament, they disavow, most decidedly and unequivocally, the selfish view of sacrificing the welfare of the community to their own exclusive interests. They are not disposed to throw any obstacles into the way of solid substantial improvements, when sanctioned by adequate experience. They know that such improvements must, sooner or later, be carried into effect, in spite of any efforts, which they might be weak enough to oppose to them. They claim only such deliberation and delay, as may give time for the award of sober and cautious experience; and they will be satisfied to abide by the result, when once unquestionably established, even though it may be attended with important sacrifices on their parts.

It has been argued that whatever injury may be sustained by individuals, or by companies, from competition with each other, the Public is always benefited by such competition; and that the true policy of Parliament consists in giving every encouragement to rival undertakings. But this is not true without some limitations. When a large capital has been embarked, under the authority of Parliament, in any great work, the contributors of that capital have a right to expect that the powers and privileges, which enabled them to perform the work, shall not be virtually annulled, by the sanction of Parliament lightly given to rival companies. Of the capital embarked in canals, a great proportion (amounting in some cases, to several hundred thousand pounds) has been borrowed on the security of the tonnages, and not having been paid back, the Creditors of those undertakings, as well as the Proprietors, have a deep stake in their continuance. Public highways are in the same predicament. Their tolls are pledged for borrowed monies, and, if seized by the creditors, funds may be wanting to keep the roads in repair; and the burthen of maintaining them will, in that case, be thrown upon the Landowners or Parishes. It must be remembered also that the capital invested in the established modes of communication, is –at and inalienable; that it cannot be withdrawn and applied to other objects; but, in as far as it is rendered unproductive, will be utterly annihilated. Now on the long run, no advantage can be derived to the Public from the destruction of capital; and it is a short sighted policy which, for the sake of temporary benefit, would encourage the expenditure of millions, to effect what has already been accomplished (it may be less perfectly) at immense cost. The advantage, to be gained by the Public, should not only be clear and unequivocal, but they should be of sufficient amount to outweigh, very decidedly, the injury threatened to existing concerns.

Again, it has been urged that Parliament should interfere as little as possible with the direction of capital, a principle, generally speaking, perfectly sound and legitimate. But it is surely not inconsistent with that principle, that, by caution in granting those Bills only, for which unquestionable claims can be shewn, the Legislature, without making it a direct object, should stem the torrent of capital from rushing too violently into one channel. Time has been found, by painful experience, to be an important element in the reasonings and calculations of the Political Economist. All sudden and violent changes, in the direction of the capital and industry of a nation, have been experienced to bring with them great mischiefs; while their slower and more gradual diversion into other channels gives room for that wholesome accommodation to altering circumstances, which disarms innovation of its evils, and purifies it from all deleterious alloy.

Other arguments might be urged in favour of the calm, and cautious, and the restrained use of the power, vested in the Legislature, of granting its sanction to the numerous projects for Railroads, which will be submitted to it during the present Session. But it is deemed better to leave the statement of these arguments incomplete, tan to trespass, more than is necessary, upon the attention of Members of Parliament, called, as it now is, to those great questions, which involve the welfare and security of the whole nation, and even of the whole of civilized Europe.

X the following impressive caution against rash speculations of this kind, is given in a publication entitled “An Account of theLiverpooland Manchester Railway ,by H.Booth, Esq., Treasurer of the Company.”

“TheLiverpooland Manchester Railway is a magnificent work; but it will be useful to keep in mind that such works cannot be executed, except at an expense of no ordinary magnitude. This railway will cost above £800,000, including the charge for stations and depots at each end, and machinery, engines, wagons, &c. for a  carrying department. The immense traffic between Liverpool andManchesteramply justifies this outlay. But with reference to any similar scheme in extension of the Railway system, it is desirable the projectors should impartially calculate the cost of the work, as well as the income it may be expected to produce; and especially that they should make an ample allowance beyond the first estimate of the expenditure, before they embark in the undertaking.” – page 46.

XX “Effects of the Railway on the Turnpike Tolls. An attempt was made, a few days ago, to let the Tolls, arising at two Bars, on this end of the turnpike-road from Manchester to Liverpool; but such is the reduction, experience or anticipated in their produce, that the Trustees did not succeed in letting them, though offered at an enormous reduction of rent. The Eccles Bar and Side Bar, which, in 1829,were let for £1575 and in 1830 for £1700,were offered at 800;and the Irlam Bar, which in 1829 produced rent of £1335 and in 1830 of £1300, was offered at £500,but there was not a single bidding for either of them.” –ManchesterCourier.

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Letter to

James Caldwell

At Linley Wood

NearLawton

Cheshire

Chorley  February 12^th 1797

Sir,

Was mighty glad to hear by Doctor Crompton of you all being in good healths, wish a continuance of it, they leave Chorley Hall in the morning to return to Derby, will spend a couple nights at Liverpool. My nephew and niece will company them thither for day or so longer. Story in myManchesternewspaper this morning by Crowdry and Boden was the bad and shocking accident that lately happened near you at Burslem. When Niece Stamford visits Mrs Hardman atManchesterplease send me without noticeing to others (your Family excepted), the names of all your children, birthdays and ages. Also the Inscription on the Tomb or monument near your garden. Am not in the least hurry of them, but a letter sent by Niece Stamford, will afterwards be sent by Mrs Pilkington to Bolton and to me from there to Chorley. Relations with us are tolerable well and you will be informed by the Doctor. My respects &c to you all in general. Am using my Pen by candlelight which I do not often do, am better considerably than what I was for some months past, my deafness very bad, that I can scarce understand people when they talk to me except I sit very near them, do not expect much amendment of them until warm weather comes on.

I am

Sir

Your humble servant

Abraham Crompton Senior.

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Letter to Mr J Caldwell from  PH - Peter Holland?

Mr J Caldwell

Attorney

Newcastle

Staffordshire

My dear Friend,Shrewsbury, Saturday evening.

I am, this instant arrived, and am now going to obey your command. I find however that, excluding professional books, my acquaintance with good authors is not very great and I am in great hopes you will introduce me to as many at least, when you have leisure, as I do you. With respect to Divinity, which I know you would by no means exclude, the only books I would at present recommend and which are almost indispensable for every Gentleman (besides the Bible, free from Commentaries) Enfield’s Hymns and Prayers, neither of which are his except the putting them  together and which I never the more because Dr Aiken used them constantly in his family, for whom you know I have the highest veneration. Priestley’s Institutes of Natural and Revealed Religion and Tecker’s Sermons (if you choose greater variety the 2 first volumes of Bourns and Blairs) the two former are sine qua non’s. You will have of course Spectators, Tatlers, World, Advent, Rambler, Guardn, Knox’s Essays, Fitz Osbourns letters and all the periodical publications of that kind. Natural History I am no much acquainted with except Denham’s Physician Theology and Astrotheology, (both excellent) and Fenelon’s Demonst. De l’Existence de Dieu (incomparable) Goldsmith’s work upon this subject you know better than I and Spectacle de la Nature. But I would advise you to consult somebody else upon this very entertaining and useful subject. Smith’s Theory of Moral Sentiments is a beautiful mirror of human nature perhaps hung by a spider’s thread though you would scarcely think so when you read it. Hutcheson is a good Moralist upon a different plan. Xenophon’s Memorabilia if there is a tolerable translation you will read with pleasure. Besides these, I do not recollect at present any but Theoric des Sentimens agreeables: Bolingbroke’s essays on Patriotism and ideas of Patriot King, a model of fine writing: Fordyces Dialogues on Education: Steel ‘s Hero, very short: Locke’s Conduct of the – understanding very short: Kaim’s Elements of Criticism, replete with elegance and taste. Blair’s Lectures I have not seen – informed they are of the first rank in Criticism and Belle’s Letters. Some Dictionary Owen’s or Chambers of arts and sciences might be useful to consult. Most of these you probably know already and they are a very good foundation along with Historical and Poetical writing for a library both entertaining and useful. I am no friend to loads of books, what I have recommended to you in my own profession I almost consider as a library sufficient for a divine in the same manner as Blackstone’s Commentaries to a Lawyer. Select reading as well as select company is the thing. I have scarce room to tell you how much I admire the very rational and elegant plan you have laid. I know no human beings but Eliza and yourself who are capable of doing so much good by a model how every one should aim to live. You ought to be the best (and I doubt not will be) as well as the happiest and most amiable. May God forever bless you.

PH

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Miss H Stamford

James Caldwell Esq

Linley Wood

Lawton

Cheshire

CamdenTown,

Near London29^th August 1820

Dear Madam,

As the senior branch of the Family, it devolves upon me to communicate to you with becoming respect the afflicting intelligence of the death of my revered and venerable Parents, which took place at Woolwich on Wednesday the 16^th instant. He was seized with a paralysis that deprived him of utterance and the use of his right side on Sunday the 6^th and continued fluctuating though perfectly sensible until ten minutes before two o’clock on the day mentioned when his spirit imperceptibly took its flight. This heart rending affliction has involved us all in so much grief that I have felt myself unable to communicate the mournful event at an earlier period.

In order to ensure your regard to some of his surviving relatives it might only be necessary to inform you that our beloved Parent had many trials to endure throughout life and with a numerous family and ever scanty means it will not be a matter of surprise that out of ten surviving children two of the daughters, Mary and Jacinta are unsettled and without any provision whatever. Sarah is also unmarried and without provision though at present in a respectable situation in Woolwich. The other two were residing under the roof of a fond Parent at the time of his decease. What cause to pursue with respect to these we are at present not determined on; but it is thought that should you and your Sister be pleased in the exercise of your discretion, to award the 300 (being the residue of the 400 originally allotted by your kind partiality to my dear Mother under Mr Stamford’s Will) to the use by these two principally with some reserve as to the other in case of absolute necessity. We might be enabled to raise an annuity and put them in a way of eking out a subsistence in Woolwich, where the memory of my dear Parent is cherished with peculiar respect by all who enjoyed the felicity of their acquaintance. Should this suggestion be acted on by you, I should most cheerfully give you a more ample explanation; and on the part of the Family allow me to state, that your concurrence would be hailed with grateful delight.

I trust I shall stand excused as a stranger for having mentioned so far and I can only hope that in urging your attention to the situation of others who are the immediate descendents of a valuable woman whom I believe you highly respected you will make every reasonable allowance for my feelings.

Having a copy of Mrs Stamford’s will before me I am fully aware of the unlimited discretionary power vested in you and your sister, and in looking over the correspondence I am sorry to find that my dear Mother should have incurred your displeasure by her letter to Mr Caldwell of the 5^th March 1801 which was no doubt written under the impression of your early letters wherein you have not only pointed out that in the exercise of your discretion you had in the first instance, set apart £400 for the benefit of herself and children, but after placing £100 of the principal at her disposal, in your letter to her of the 13^th October 1792 you appear to confirm the opinion she had formed in your first letter, by using the term “your £300” and “your mortgages.” There is also a further confirmation in a subsequent letter; but I merely notice these circumstances as an extenuation on the part of my dear Mother, and to remove, if possible, any unfavourable impression from your minds: confident that you will be guided in your determination by what you may conceive to be the path of duty and that we have nothing to fear from the result. I beg leave to add for your information that although the other branches of the family are settled and in comfortable circumstances, yet none of us can boast of affluence and several have increasing families with very limited means.

My brothers and sisters unite with me in every sentiment of regard and esteem to yourself and Mr and Mrs Caldwell and I am, Dear Madame

Yours most respectfully

S Percy [?]

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Mr Caldwell

No.36Suffolk Street

Charing Cross

London

N Castle

March 5^th 1783

Yes! My dear friend, I do not forgive you, though your silence has not bee born without a good deal of concern, I cannot bear the thought of being forgot by one I esteem and value so highly. I hope I shall not live to see that day. You will always remember I look on you not as a common acquaintance or friend, there is a nearer tie that binds me which will never be forgot. (I hope by either party). We want you at home very much, our evenings are dull, and the winter seems to set in fresh again. Jenny has been a more [corner missing off letter] she has still returns of her old complaint – expected Miss Caldwell this week, but for-  will scarce come till you return, which M- tells me may be a month yet, he is – into his new house and I am still in s- at the house. Cousin J Wedgwood dined – and today he begs to be remembered – have heard from you, Miss Wedgwood – to the Assembly, and danced and – who engaged her the evening sh- I fancy you will see my – you will have heard by – the Committee I have been – at Ladyday so give me a joint Bond for it, by my Brother’s advice have not yet had his answer, we have had Mr and Mrs Lexingham to drink tea with us. She wanted to see you much about a Clerk, she begged I would send her compliments and tell you how glad she should be to see you at [Mogipits?] you say not a word of Mr Byerley, I fear you never go there. I am very glad you are tired of London, and that you will enjoy this still town better for it when you return; the Dancing Assemblys are over which Mary seems to lament, they expect one at Miss Polly Latewards, perhaps you may come down time enough for it, in the mean time I know you will indulge me and steal a few moments for me, I have not many indulgences now, if you only say you are well it will give me more than pleasure. What ails that unhinged mind of yours that it cannot be quiet, what numberless good things have you to be thankful for, and that of business is not the least though often forgot, it is the best relief to the mind and yours would not do at all without it, and the line of life you are in has great advantages attending it, into what Gentile Company does it introduce you. I should have said Great Grand Noble &c &c &c. You are now engaged in serving your Country in a Publick Capacity, the result of which must do you great credit, and give you inward satisfaction but if all of this avails not, you have sufficient grounds for that inward peace but rest satisfied that what ever it is right. It is Sunday night and you will say I am moralizing but I have done excuse my great wish to see you happy. You deserve to be. All here beg their respects as do our neighbours who often enquire after you and to whom I paid your respects. God bless you, accept every good wish from your sincere and affectionate
K Willett

Poor Mrs Rhodes is very ill, if you see Mr Skerrett pray my respects.

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Presumed to be a letter to James Caldwell. Could be a draft?

Will you acquit me of taking an unfair advantage of your goodness if I should be encouraged from those kind lines which I found enclosed with the [sermon?] to open a correspondence I am extremely desirous to establish. If there is anything unreasonable in the wish, forget that I ever formed it, and receive this letter as the tribute of my gratitude and of my friendship. It seems almost necessary that I should write, if it was only to apologise for those parts of my behaviour at N-bar[?] which occasioned you so much trouble. You will perhaps laugh at me when I tell you that the sensations I experienced in that ever to be remembered Wednesday were more [exquisite?] than any I had felt before. It was not for want of exertion, that I was so much apprized. I proved my fortitude to the utmost, and had the mortification to find it unable to afford me any material assistance. The recollection of the past, however, has not any longer a power to make me unhappy. If you could read my heart at this moment, you would not only be convinced that those unpleasant looks, (as Jane terms them) are entirely done away, but that every idea which brings my dear friend to my remembrance is accompanied with a delight and satisfaction which is not easily expressed. The time may possibly arrive when I shall be able to give you by something more than profession; that my affection and regard will be as lasting as it is sincere, and that I shall ever consider my own happiness as most compleat, when I am obliged with an opportunity of contributing in any degree to yours.

I have not lately seen any of my friends fromNewcastlebut they have endeavoured to make a pretty sufficient recompense for this disappointment by sending me some comfortable pacquets. Last night I had a whole folio from Jane. She complains &c &c. As this is a first epistle I will forbear to make it along one, when you have indulged me with an assurance that I am not doing wrong. I shall not be so ready to promise for any moderation. Once more let me entreat you to accept of my best love. The prospect of our encreasing friendship affords me in contemplation the highest enjoyments, and though the advantages on your side can by no means to equal to those derived from it on mine, yet the pleasure of sincerity may be reciprocal. From this consideration I will presume to urge you to write soon. It is more than a common interest which I now take in all your concerns, and my heart will ever be open to receive, and preserve faithfully, whatever relates to, or affects you.

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Letter to James C from his sister Ann c.

Mr Caldwell

Newcastle

Dear Brother,

When I wrote to you yesterday my father had just sent on a great hurry for Doctor C. and I had heard nothing said about it before; I am afraid I alarmed you as well as myself more than there was any occasion for. I had sat down to write to you and before I had made two letters, my mother came down in a violent agitation to tell Will he must go immediately to Chester. I was so frightened with hearing the message, that I wrote anything to you that came uppermost and there was not time to be particular as the bag was made up. I think I told you on Sunday my father’s complaint was a dizziness in his head. He was taken on Sunday morning. MrKenttook a little blood from him, and he thought himself better till Tuesday night. After supper he was exceeding poorly in his head and so low he could scarcely speak. He got no sleep all that night and yesterday thought himself much worse. Mr Penlington told him he did not apprehend him in the least danger, but as he seemed alarmed about himself he had better send for Dr C. This was all concluded on while I went down to write to you and you may suppose I should be a good deal shocked to hear of a physician being sent for. He continued poorly till about five o’clock in the afternoon, but went better after drinking some tea. He had a very good night and is today a vast deal better. Dr [Curry?] came this morning to breakfast. He says [wax seal] not in the least danger, thinks his complaints are altogether nerves and has not a doubt but he will be quite well in a few days. I have been exceeding unhappy ever since my letter went. I know you will think my father worse than he really is. And as from what I said you might think it necessary to come over tomorrow. We determined to send Will early in the morning to prevent you, and to ease the anxiety you would be in. I can now assure you there is not the least reason to be alarmed. And if it is not convenient for you to come over tomorrow and stay with Mr Tomas, I would not have you think of it. We shall expect to see you on Saturday. And I would advise you not to let even business prevent you, for though I hope and believe there will not be the smallest occasion to come on my father’s account, yet I think he will be pleased to see you with Mr Tomas. It will be quite unnecessary for you to come before Saturday. I shall order Will to send this letter to you, lest you should be frightened to see him. Doctor Skerrett has been seeing his new sister today. He has been talking to my father about his complaints in terms too learned for us to understand. My mother and Bessy desire love, they are well. Will you overlook all the fault of these scrawls I am sending you every day; and impute them to the infirmities of your affectionate sister A Caldwell.

Be sure to give my love to Mrs W, and tell her she must not think of sending for Miss Willett a long time yet. My mother would have sent Will to you tonight. But I thought you might perhaps not get my letter than morning.

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Letter to James Caldwell from Peter Crompton.

Mr Caldwell

Newcastle

Staffordshire

En Angleterre

Leydon, January 16 1785

Dear Sir,

I received your very affectionate letter a few days since, by which I am sorry to find how much trouble I have occasioned you by not giving the proper information in mine with regard to the Posts toHolland. Accept my warmest thanks for it, and be assured that its long arrival was imputed to the true cause alone, well knowing that no slight whatsoever could proceed from a person whom I have the honor and happiness to rank amongst the number of my real friends. Concerning the proceedings of the Emperor and the Dutch, I am as much and perhaps more in the dark than yourself, the freedom of the Press being restrained, necessarily involves the Public and the Politicians in uncertainties, some are of opinion that Peace will soon be re-established, other incline to War, and a third part (though seemingly entirely without foundation) suppose should the French take a decided part with Holland, the English would afford assistance to the Emperor; this, whether I regard the matter in a general or partial view will not I hope be the case; in the late War the Dutch carried their resentment so high that it was very disagreeable for any English who might be in the place, so much so indeed, that many who had been almost naturalized to the Country found themselves necessitated to quit it and returned again when Peace had been declared. Be it as it may however I trust I shall not be much incommoded as my stay now will be but that, since I intend to set out for Paris in about a months time. My route lies through the field of action, this alarmed me at first, but I have been lately assured that my passage can not be impede, provided I obtain a Passport from the College.

I shall regret leaving Leyden for several particulars, we have here an agreeable, though small society, a town excellently calculated for study, free from all disturbances and most amusements; the advantages I shall meet with in France will I hope more than counter balance the difficulties of getting there, they have many public hospitals which [are?] altogether necessary to m- [hole in letter] and I am told there is a fine – to books of every kind; the library here is [hole in letter] composed of a collection of the best books both ancient and modern in every science, it is regulated in such a manner as to be of the least possible utility, it is free to every one four hours in the week, but it is contrary to the regulations that any book should be taken out of the room by an except the Professors; they have many exclusive privileges such as a freedom from all taxes which is of great importance in a country like this where they are laid upon the necessaries instead of the superfluities of life; they receive also from the state 2000 florins a year each, besides having the different articles found them which may be wanted in the course of their lectures. My paper tells me I must bid you adieu, and believe me yours sincerely Peter Crompton. Remember me affectionately to Mrs Caldwell. Mr D desires me to insert his [camper?]

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Miss Caldwell

Part of Mrs Hollands [Iconfsear?] wife of afterwards Sir H Holland.

[letterhead]

No.39Pall Mall

Barber & Company

Warehouse for Lace, Millinery and Dresses

To Her Majesty

Their Royal Highnesses

Sept 30 1822

French white fig Leck Spencer full dress. Satin and Bullioa ornaments.       5.10-

1 ¾ yd Nilings Lace for Cuffs                                                            3/6       -6.2

1 piece workMullmuslin                                                                                3.10-

12 yards Wrlings lace                                                                          9/         5.8-

1 ditto                                                                                                 4/6       1.11.6

Satin Sash and belt                                                                                         -.7.6    

6 yards Satin Ribbon                                                                          8d        -4-

5 ½ insertion work                                                                              2/         -11-

1 yard Satin for pipes                                                                                      -7.6

Buttons tape &c                                                                                              -2.6

Making Muslen dress with separate body                                                      -14-

Rich White Satin under Dress                                                                                    5.15.6

Cambric Jacket dress with Vandyke flounces                                                4.14.6

2 yards Insertion work                                                                        2/6       -5-

5 breadths Scallop work                                                                     2/6       -12.6

Buttons tape &c                                                                                              -2.6

Making Morning Dress drawn Pink Ribbon                                                   -14-

Pink Larst Sash and belt                                                                                 -7.6

6 yards Ribbon                        1                                                          6d        -16-

Jact Muslin Dress with work flounces                                                            4.4-

8 yards Insertion                                                                                 2/         -16-

11 breadths scallop work                                                                                3/ 1.13-

Buttons tape Girdle                                                                                        -2.6

Making morning Dress – work drawn blue ribbon                                         -14-

Carried over                                                                                                    38.16.2

Brought forward                                                                                             38.16.2

10 yards Blue Ribbon                                                                         6d        -5-

Broad Sarst Sash and beck                                                                             -7.6

10 yards French White figo Silk                                                         10/6     5.5-

2 ¼ broad Blond Lace                                                                                    12/6     1.8.2

8 narrow ditto                                                                                     2/3       -8-

Ribbon chord der                                                                                            -5.6

White Satin Sash Belt                                                                                     -8.6

Satin Rouleau trimmed with Patent Net French Roses                                  2.18-

Patent Net for Sleires Satin pipes &c                                                             -18-

Making Evening dress full with Blond Lace &c                                            -14-

Ditto own Satin work Muslin Dress                                                               -14-

7 yards narrow Mecklin Lace                                                             8/6       2.19.6

2 3/8 ditto for body                                                                            31/6     3.14.10

Satin folds                                                                                                       -4-

Broad Satin Sash and beck                                                                             -8.6

Ribbon Cord wadding &c                                                                              -5.6

10 yards Dove figured Silk                                                                 10/       5--

3 yards Persian                                                                                    3/         -9-

5 ½ yards Satin folds                                                                          1/6       -8.9

Grasai Naples Diamond trimmed edged Satin and Cord                               2.12.6

Ribbon Chord wadding &c                                                                            -5-

Belt and bound bow                                                                                       -5.6

Making Morning dress with French Vandyke trim                                        -14-     

1 ½ yard Sustring                                                                                8/6       -12.9

1 12 yards Satin                                                                                  8/6       -12.9

White Melattie Bonnet full with Blond Lace with Plume feathers                5.15.6

Bobbin mt and Canopy ft strlings Strungs Lace                                            2.2-

Work Muslin Collar handkerchief[?]                                                              1.1-     

2 Boxes and cases                                                                                           -16-

Nov 30 3/8 yards White sablon                                                          8/6       -3.3

Carried over                                                                                                    82.9.2

Brought Forward                                                                                         £ 82.9.2

Putting new back to Spencer                                                                          -2-

French White Satin Trimming with band French leaves and knots                2.2-

Blue Satin Pilisse bind throughout with Sable Bulleon ornaments &c           9.10-

Sable Cufs Collar and Flounce                                                                       8.18.6

By Error in 2 Dresses              1.1.-                                                                 £103.1.8

                                                                                                                        £101.10.2                                                       

Received 17^th May 1823 of Miss Caldwell, One hundred and One Pounds Ten Shillings as per Bill. For Barber and Co.

Robert Mathers

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Envelope?

Miss Caldwell

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Letter of 1782 to James Caldwell

Mr Caldwell

Newcastle

Staffordshire

Dear Sir,

You were very good in affording me so much pleasure. Your favors are long in coming. I did not receive yours till [Toryday?] though dated the 20. This is a most delightful day. We have just been sailing on the water. I should have enjoyed it much had the Willets been pleased with it, but she was does not seem to enjoy any thing. Cousin Shushan{?] was very sick but she has just had a dip in the water which has cured her, this poor lass of mine continually dwells on my mind, and is a dead weight on my spirits. She says she like this situation vastly, but I don’t find she gets any better, we are trying today to persuade here to go spend a day atChesterwhile the [crep?] tide is: and have advice there but I do not think we shall prevail: when I look back on a few years and think what I have suffered, I am amazed I have not sunk under it, next to a kind providence my good friends have contributed much to my relief, you have kindly took a large share in them for which I will always thank you. I dread another bitter cup and nobody can blame me for being very anxious, and solicitous to do all in my power, but it is all in vain, she will not go nor have any advice, which distresses me greatly. I have just had a letter from Peter Holland and another from Jenny Byerley. I hope you will visit that family before we return or we shall hear of it, why will you sit by your self so much whatever affairs you have on your mind, you can settle as well or better on a walk, or if you will give me leave to guess what it is, you will never settle it any where. I hope you will enjoy this fine day, nothing has the appearance of Sunday here. You have took up rather too mean an opinion of this place, here is a deal of good building, a large Assembly Room, a Billiard Table, a large Custom House, a Madame Crosby that kept her Carriadge, there is very little company left except two Miss Staffords, some where out of Staffordshire, that are at Captain Williams, the boys are sailing again this afternoon, we have just seen nine sail come in together out of the Colliery going for Ireland, and a sloop set sail today with a Phaeton on board, and we saw them draw up the horses on board, which seemed to be very barbarous work, it seems a long time since we left home, I think the hours are longer here than with you, pray is Mr J Sparrow moved yet? Is your room finished. Here is a great many enquiring after Mr Lomas and he could tell you what smart milliners there is here, the Post comes in here only three times a week, and we are always glad to see him, you don’t say Mrs Baddily is come home, you might have picked up something to have entertained us in this barren place.

Monday morning what night have we had, poor Shushan went to bed very early sick with her sailing before it was light we were alarmed by very shocking noises and firing of guns, we got up and saw by the light of their lanterns a great number of sailors and soldiers, it was a Press Gang from Liverpool, it very much alarmed the inhabitants, the women assisted many of the sailors, they got into a boat and rowed of for whales. After this hurry was over the Duke of Portland and his suite landed here which was a very fine sight, the yacht that brought him stands opposite our window. We have had two very fine days, but the sea is as rough to day.

Tuesday. You would enjoy this fine watery scenery this morning; Shushan and I have been our morning walk and almost blown away, one part of the water is green as grass like a fine lawn then appears the sands which are a fine strip of brown, and then a stripe of white and beyond the fine hills which look delightful with the sun shining on them, but my pen is so bad, I can write no more. I wish you were here to mend it. All here beg their respectful compliments, accept every good wish from your very sincere and affectionate.

J Willett

Park Gate

October 28,29  1782.

Alsager Enclosure

30^th August 1820

J.N. Lockett

To James Caldwell Esq

Lindley Wood

Near Red Bull

Sir,

In consequence of Col Tryon being in the Country and anxious to promote the Inclosure of the Waste Lands within the Manor of Alsager, (so long neglected) he, on behalf of the Ladies of the Manor, therefore requests another meeting of the freeholders and parties interested in the Inclosure of the same, to be held at the House of Mr John Cork, at Alsager Lodge, on Friday the 8^th day of September next, at 10 o’clock in the forenoon, with a view of then considering the same, and ascertaining the several parties entitled to allotments of Common from such Waste Lands; at which meeting it is intended that Resolutions shall be then entered into, by such of the parties then met, and entitled to a proportion of the Waste Lands, with a view of facilitating such Inclosure.

[Col: ?] Tryon directs me further to add, on account of his being limited for time in his stay in the Country, is the reason for the shortness of the notice given of the intended meeting, which he trusts will be a sufficient apology.

Congleton,

30^th August 1820

I remain, Sir

Your very obedient servant

J.N. Lockett

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21June 1820

W Rowley

To

James Caldwell Esq.

Linley Wood

John Edwards of Alsager is now with us respecting the new Rate which has been made in that Parish and against which certain of the inhabitants find themselves aggrieved and I understand from him that the business is left to you and me to settle. I therefore propose that Mr Charles Heaton of Enden, a very respectable person and Land Surveyor should go over the [furrus?] of those persons who feel themselves aggrieved and then [revos?] Mr Booth who made the Rate and if they cannot agree in the valuation then that it should be left to a third person to be by those chosen and if this meets with your approbation you will have the goodness to instruct Mr Edwards accordingly.

I am dear Sir

Your most obedient and humble servant

TW Rowley

[Breeton?] 21 June 1820

Draft Release of a Messuage and TenementLandsand Heredits called Montpeliersituate near Talk on the Hill in the Countyof Stafford.
in Concern of £670

[‘Make a fair copy of the Draft for perusal’ crossed out]

Copied T.T.

Messrs Bate and Yoxall Trustees forSaleof part of the Estate of John Lawton Esq and then John Lawton.

To [‘Mr John Beckett’ crossed out] Mr James Caldwell

Note,

Concerning purchase of Linley Wood, then called Montpelier and other lands of Mr John Lawton – and Messrs Charles and H-  and

Documents relating to further purchases in Alsager etc etc.

Tale

Mr James Caldwell having entered into a Contract with Messrs Bate and Yoxall, the Trustees named in the Deed of Trust, a Copy of which is left herewith, for purchase of the Estate therein mentionedMontpelier, an abstract of the Title was delivered upon the perusal of which the following opinions were given by the late Mr Beard.

Upon perusal of this Abstract, I see that the Deeds of Lease and Release of 24 and 25^th March 1767 being the Conveyance from Rowley, Kent and Grandson and Heir at Law of Hugh Rowley and his Mortgages to William Bate from whom Mr Lawton purchased are wanting or are the Deeds of Lease and Release of 15^th 16^th October 1768 being the Mortgage from William Bate and his Trustees to Esther Myott, who afterwards intermarried with John Gallimore; neither does it appear from anything here stated that Mrs Lawton hat done any Act to be her Dower of the Estate intended to be purchased. The Articles of the 24^th January 1770 must be produced to see whether any such Act has been done, if these objections are answered, I see nothing to prevent a good Title from being made to a purchaser. A copy of the Trust deed must be taken and a Covenant to produce it, and it would be desirable that Mrs Lawton should join in the Conveyance even if there appears no necessity for Mr Lawton’s concurrence.

William Beard, NewcastleFeb 20^th 1788

It being doubtful whether Mr Lawton would join in a Conveyance of the estate, the following queries were afterwards put to Mr Beard.

In case copies should be procured of the Deeds of the 24^th and 25^th March 1767, the 15^th and 16^th October 1768 the Articles of the 24^th January 1770, and a purchaser should be satisfied in respect to Mrs Lawton’ Dower may a conveyance be safely accepted from the Trustees alone without the concurrence of Mr Lawton?

I am of opinion it may, but I should if possible recommend Covenant from Bate or the Trustee to produce the above Deeds. If a Schedule of Debts is annexed to the Trust Deed, the purchaser should look to the application of his purchase money notwithstanding the Clause in the Deed that the receipt of the Trustee shall be a discharge to the purchaser. William Beard. Newcastle16^th June 1788

The purchaser being afterwards satisfied in respect to the Deed noticed in Mr Beard’s Opinion, proposed, in order to prevent [five?] “trouble, to give Mr Lawton 30 Guineas over and above the purchase money in case he and Mrs Lawton would join in the Conveyance and levy a fine; and to accept the Title, on having a Covenant from the Trustees (in whose hands the whole of Mr Lawton’s affairs were) to indemnify against Mr Lawton’s Creditors or any person claiming under the Trust Deed. Understanding this proposal to be approved of and acquiesced in by all parties, Mr Caldwell directed the Draft of the Conveyance left herewith, to be prepared, which, together with several letters that had passed in the course of the business, being laid before Mr Watson, he gave the Opinion following.

Reading as I have with much pleasure the letters of Mr Caldwell, an accomplished Gentleman (at least judging from the letters I am brought to think so) I should apprehend we may safely refer to his own candour and judgment the reasons hereafter offered against his requisitions. A Trustee having nothing but his labour for his pains, can’t in any degree of Justice be subjected to risqué or be made accountable for the actions or conduct of other men. If it were not so, who prudently would engage in such Trusts, however necessary for the accommodation of Society. Had Mr B been now living I should have had less reluctance in giving the Opinion following – think that the power given to the Trustees ( expressly exempting the purchaser from the application and consequences) to receive and apply the Trust money notwithstanding the Schedule of Debts (the Schedule in part being made for the information of the Trustees) is sufficient to enable them to discharge the purchaser and to render him unaccountable to the Creditors. I admit it is a general Rule that if the Debts are Scheduled, that the purchaser is to look to the application having notice of the Debts but otherwise as to unscheduled Debts. Not to obviate the mischief of the former this power was at first prepared by some ingenious conveyance of no very late period and has ever since been used by modern and more improved professions of the science. The difficulties and expenses attending the Application by the purchaser are to obvious to observe; but observe I must to prevent these difficulties and their expenses such Authorities are in a great measure (I know there are many more reasons for ‘em) given. By the Deed of Trust it is admitted all the Debts become a lien on the Estate, but if anterior to the Deed they were not so they can effect the Estate only on the terms and under the conditions of the Instrument itself, which directs that the Trustees shall discharge them by the money arising by the sale of the Trust Estates and directs the purchasers to pay it to them accordingly. I have not the Schedule before me and of course can’t judge of the quality of the Debt.

J Watson Lowe

20^th March 1789

I have made an Observation in the margin which relates to Mr Caldwell

I flatter myself will give him no offence as an officious service. J.W.

N3. Mr Atherton will please to observe, that the Covenant from the Trustees to indemnify against the Creditors and – Deed was introduced into the Draft, merely in consequence of what Mr Caldwell understood to be the private agreement of the parties before mentioned, and not from any idea generally of Trustees entering into personal Covenants; which circumstance does not seem to have been explained to Mr Watson, the Trustees now – were only to enter into this Covenant, in case Mr Lawton would not join in the Conveyance.

 There being a contradiction between the opinions of Mr Beard and Mr Watson, particularly as to the liability of the purchaser to see to the application of his purchase money, a copy of the Trust Deed accompanied with the following queries, was sent up to town, and laid by a friend of the purchaser before Mr Holliday, who gave the Opinion also following.

You will please to advise the purchaser whether he may safely pay his purchase money to Messrs Bate and Yoxall and accept the Title under the Trust Deed; or whether, as there is a Schedule of Debts he is liable to see to the application of his purchase money, notwithstanding the Clause in the Deed directing that the receipt of the Trustees shall be a sufficient discharge; and whether in case the money be paid to the Trustees, they ought not to give the purchaser their own Covenant in his conveyance to indemnify him against the Creditors or any persons claiming under the Trust Deed.

The Case of Lloyd and Baldwin determined by Lord Hardwicke and reported in 1Veg 173 is an authority in point that Mr Lawton and his Trustees could not among themselves alter the – of the securities to the Creditors, and although it is said that the Trustees may sell the Montpelier Estate without the concurrence or direction of Mr Lawton, yet as there are not full Covenants or any Covenants for the Title to this Estate entered into, so as to run with the Lands, no purchaser will by any advice of mine compleat the purchase without Mr Lawton’s Grant, Release and Confirmation and proper Covenants in support of the Title.

A purchaser is bound to see to the Application of his purchase money in discharge of Scheduled Debts. Yet it does not follow that these were the first liens on the Estate, and in as much as the Lawton family appear on the face of the deed of Trust to have been greatly involved and to have executed many warrants of Attorney to confess judgments I cannot advise the purchaser to proceed further, unless he applies his money in discharge of the old Judgments and takes Assignments of such specialty debts as he shall discharge in the name of a Trustee in Trust to protect the inheritance from puisne or subsequent in ambro.

J. Holliday, Lincoln Inn. 28^th April 1789

If this estate has been mortgaged the Mortgagee must of course be first paid.

J.H.

The Debts mentioned in the Schedule are Bond and simple contract only. There is no Mortgage upon Estate. Search has been made upon the Roll, from the date of Mr Lawton’s purchase Deed of the Montpelier Estate to that of the Trust Deed and the following Judgments appear to have been entered up against Mr Lawton viz., in the Kings Bench one in Hilary Term 1775 ads John Broomhead for £ 1200 Debt and 63^d damages. Another in Trinity Term 1777 ads Henry Biggs for the like sum. Another in Michaelmas Term 1777ads Samuel Hooker but no sum specified and another in Trinity Term 1778 ads John Broomhead for £1200 debt and 63^d damages. One in Exchequer ads Ralph Ratecliffe in p= for 1000l upon Bond and since satisfied by the Trustees. The former are Annuity Creditors only. And Mr Lawton, has been taken in Execution, and is now in prison at the suit of some or other of them.

The Trustees obtained a Warrant of Attorney in 1772 from Mr Lawton to confess Judgment [from?] them, which they entered up in 1777 for £--

The purchaser has been let into possession of the Estate, which he is now improving and -  unwilling to join in the Conveyance, and levy a fine, if the latter be necessary (vid p.2.of the Trusts Deeds)

Under these circumstances Mr Caldwell has proposed, that both the Title and Conveyance should be referred to Mr Atherton to be finally settled by him, and that all parties should be governed by his opinion and advice, to which the Trustees having assented, he will please to direct in what manner this Title ought to be made out, and a Conveyance accepted, after perusing the additional Tracts and Observations made by Messrs Bate and Yoxalland left herewith.

[different handwriting]

I am very much inclined to think the case of Lloyd and Baldwin is not appropriate to the present case, in that extensive sense in which Mr Beard and Mr Holliday have taken it for there it is to be observed, no mention is made of any such a Clause, as in the present Trust Deed, discharging purchasers form the obligation of seeing their purchase money properly applied, and of course, we have not, as I conceive, Lord Hardwicke’s sentiments of the effect of such a Clause in such a Deed with a Schedule of Debts to be discharged under the Trusts of it, annexed thereto. The case before him was that of a Decree which the subsequent transaction, deviating from the regular order of proceeding under it would have rendered of no effect; and therefore the decision in that case must appear to have been agreeable to the justice and equity of it; but as before observed, the Dictum or Doctrine of Lord Hardwicke to support it, is without any reference to such a Clause as I have been mentioning; so that I think the present may be distinguished from that case; and indeed I cannot suppose so many eminent men of the profession would have adopted a nullity, and which this case must be if Lloyd v Baldwin leans upon the question in the wayh above contended for. Consequently I must coincide with Mr Watson’s sentiment as to the operation and effect of this Clause; admitting at the same time (and which his opinion imports) that the purchaser’s indemnity to be derived from the Clause, extends only to such Debts, as were not of themselves a Lien upon the Estate antecedent to the Trust Deed. But perhaps it might have been unnecessary for me to give an opinion at all upon this point, as the additional facts and observations stated in a paper left herewith may possibly have rendered the above Clause useless, in relation to the purchaser of the premises in question. This there said “that as there are large sums now due  to the Trustees from Mr Lawton, they conceive themselves warranted to retain the purchasers money – the satisfaction of these debts.” Agreed, provided these Debts were owing at the time of the Trust Deed, or in consequence of the Trustees having out of their own money paid any of the Debts, the payment of which was provided for by the Trust Deed; for in the latter case, they would stand in the place of such Creditors, and most clearly would have right to retain to the amount of the debts they had so discharged: but this should not seem to be the case from the following statement in the papers above referred to “That the Purchase money being engaged to discharge the Debt contracted by the Trustees in consequence of their Engagement with Mr Lawton cannot be now applied in execution of the Debts scheduled upon the Deed of Trust.” Now if from this I am to understand that the purchase money is to be applied in discharging any of the Debt, then one of the Deeds [of description?] I have just mentioned, then the effect of the clause is discharged in relation to the present purchaser; for though this declaring the Trustees [Red ?] would secure him against this misapplication of his purchase money, supposing he had no Notice thereof, yet having notice (as he now has) I apprehend he would not be entitled to take advantage of such Clause, and consequently he could not be advised to pay his purchase money to the Trustees under these circumstances. If however, I have misconstrued the above statement in the paper left herewith, still I think this purchase cannot be completed with safety to the purchaser without first advertising to the particular circumstances of this case, and the previous knowledge of some facts, which I have not been able from the papers before me, to make myself perfect master of. It does not appear when Mr Lawton purchased the premises in question, and therefore the Rent charge of 100 granted to Mr Broomhead may possibly be general words he made chargeable thereon under recitals in Trust Deed Do.17;and consequently its having been uniformly paid out of the settled grant of the Estate does not preclude the necessity of Messrs Tomkinson and Garnett (to whom this Rent Charge is assigned) being made parties to the conveyance to Mr Caldwell. In the recital of the Trust Deed do: 8: the Annuity of £50 to Mr Broomhead and of £100 to Mr Bigg (and which have been assigned to Messrs Gagley and Baker) are called Rent Charges, therefore it should seem as if they were secured in some other way besides bond and judgment; and if so then Messrs Gagley and Baker should be made parties to the Conveyance; for though Mr Lawton is taken in execution upon the judgment, I apprehend the Annuitants would have a right to discharge for their Annuities or Rent Charges, upon the premises in question, supposing them to be granted thereout. After what I have said in the outset of this opinion with respect to the extent of the Clause declaring the Trustees [requirements?] &c I need not add that if there are any other judgment or other creditors whose debts were a lien upon the premises prior to the Trust Deed, they will be necessary parties to the conveyance i.e. so many of the first of them, who are unpaid, and when Debts will exhaust the present purchase money.

It is not usual in any case for Trustees to enter into any other Covenant that they have not any act to incumber; nor can they be expected or required to do more in the present case and especially as Mr Lawton is now to be a party to the conveyance.

I am not aware of any other conveyance having occurred in this case which it was incumbent on me to take notice of, but as what I have said may possibly under a different arrangement necessary for the purpose of completing this purchase, I have thought it better not to attempt to settle the [Deed?] of the Conveyance to Mr Caldwell, till the parties have agreed amongst themselves how the purchase money is to be applied, supposing I am right in my conjecture that the intention was not to have applied it in strict conformity to the Trust Deed. In consequence too of what I have said respecting – encumbrances, other parties may be requisite.

Henry Atherton

Line:

20^th August 1789

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2^nd copy of ‘Tale’ edited.

Not transcribed.

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Additional Tracts and Observations stated by Messrs Bate and Yoxall.

For Mr Atherton

25^th July 1789

WR Peake

For JCaldwell

Mr Bate and Mr Yoxall apprehend in necessary to state in the case intended to be laid before Mr Atherton, that the Trust contains in the Deed (a Copy of which is left for his perusal) enables the Trustees to retain or apply the purchase money arising from the sale of the Montpelier Estate; and as there was large sums now due to them from Mr Lawton, they conceive themselves warranted to retain the purchase money towards satisfaction of their Debts.

That all the debts mentioned in the Deed, as well at the most considerable of those that are specified in the Schedule, have been discharged by the Trustees, and the remainder of those debts are secured by the joint Bond of Mr Lawton and Trustees.

That the Covenant for quiet enjoyment against Mr Lawton’s creditors, whose Debts are enumerated in the Trust Deed, was introduced in the Trustees apprehension, to supply the want of Mr Lawton’s concurrence; but as he will join in the Conveyance to Mr Caldwell, that Covenant might not be expected.

That the purchase money being engaged to discharge a Debt contracted by the Trustees in consequence of their engagements with Mr Lawton cannot be now applied in exoneration of the Debts scheduled upon the Deed of Trust.

That upon the 7^th November 1771 Mr Lawton executed a Warrant of Attorney for confessing judgment to the Trustees for £1,000, which was entered up in or about Easter Term 1780, on which a [ffisgge?] was issued, but no further proceedings were taken under it.

That the Trust Deed contain no Covenant for the Title except for further expenses, and it is a joint rule, that Trustees, in cases like the present, ought to Covenant only that they have done no Act to incumber.

That no part of the scheduled Debts are a specific Lien in themselves on the Trust Estate (abstracted from the Deed of Trust) and become such only by the Trust, and therefore they must be discharged on the Terms of it.

That the Decree in the case of Lloyd and Baldwin was a specific Lien, and if a Decree had been obtained for payment of Mr Lawton’s Debts (which would have had the same effect as a Judgment) in such case it would have been incumbent on the Purchaser to see his purchase money applied in discharge of Debts of that quality; but that the present schedule of Debts, being only Bond Debts, do not effect the Estate or the Purchase of it.

That the case of Lloyd and Baldwin, though founded on just principles, is not applicable to the subject matter, because it can’t here be said that the Trustees have changed, altered, or lessened the security of the Creditors or reversed the order of things, for in receiving the money arising from sale of the Estate, they are forwarding and executing the Trust.

That if Mr Lawton had sold this Estate instead of conveying it to the Trustees, and had dissipated the money instead of applying it for the honest purpose of paying his Debts, Creditors of the scheduled description could not have [reverted?] for satisfaction of the estate, or to the purchase of it, even if the purchaser had notice of such Debts.

That as by the Trust Deed only those Debts are become Liens on this Estate, if the Creditors are entitled to a satisfaction out of the money arising from the sale of it, they must submit to the Terms prescribed by the Deed, and the risk, if any, if imposes; and that the purchaser is not liable to the creditors for any misapplication of it, any more than he would have been responsible for the improper use of it by Mr Lawton, in case he had sold the estate before the executors of the Deed of Trust.

That if the usual Clause directing that the [Rect?] of the Trustees shall discharge the purchaser, will not indemnify him, it has been in vain employed by Conveyers; if it has no effect in such cases by inserting it, it becomes a trap. In case of scheduled Debts it is necessary, for where the Debts are not schedule and the purchaser has no notice, he may safely pay the purchase money into the hands of the Trustees, and submit it to their application.

That the annuity of £100 stated in the Deed of Trust to be granted by Mr Lawton to Mr Broomhead has been assigned to Mr Henry Tomkinson and Mr George Garnett, who regularly received it out of the Rents of Mr Lawtons’s settled Estates.

That the other Annuities of £50 and £100 granted to Mr Broomhead and Mr Biggs, and which have been transferred by them to Messrs Gagley and Baker, X appear to be secured only by Bonds and Judgments; and for the arrears[?] of those Annuities execution was some ago taken out against Mr Lawton’s person, and he is now in custody in the suit of these Annuitants.

X – This fact should be ascertained in the Trust Deed that are called Rent Charges.

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Letter to James Caldwell

Cliff-ville 1^st February 1821

My dear Sir,

Agreeably to your requests I now send you my professional Bill. That relating to the business with Mr Wood, I have made out distinctly but have figured in the disbursements and routine charges only. My own personal attendance &c I beg to leave entirely to yourself.

I am very much surprised that I have not received the Draft of the Petition from Mr Jones. Eleven days are now elapsed since we met at Linley Wood. I wrote immediately to Mr Atcheson to learn the time allowed in the Lords for receiving Private Petitions. None was then fixed, but he says a month from the day of meeting is usually the time. As much business was executed, he recommended the Petition to be sent up immediately. No attestation to the Petition is necessary, and out Witness is sufficient to prove the signatures.

I remain

My dear Sir,

Yours most faithfully and obliged

J Tomlinson.

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Letter to James Caldwell

James Caldwell

Linley Wood

NearLawton

Cheshire

Wheelock

6^th February 1821

Dear Sir,

On receipt of Mr Tomlinson’s last letter I wrote to Kent to meet me at Lawton on Tuesday last to arrange [riposting?] his mortgages and I am happy to inform you that he has consented to accept the Bond of Mr Lawton and his brother Charles for the remaining Principal owing to him and to surrender the charge and I have accordingly prepared the Draft of the Surrender and intend going to Lawton on Tuesday next to complete the business.

I waited on Mr Charles Lawton afterwards to inform him what I had being doing and took the opportunity of saying I supposed he was aware the business would take him and his brother [William?] to town to give their consents in person which was absolutely necessary unless a Medical man to certify they were unable to undertake the journey and he surprised me by saying I ought rely neither he or his brother would go to town as he should not put himself to that expense, that he considered the manner as altogether unnecessary and that you might have been satisfied with the Title as it was. I said all I could and told him you considered the putting Rents Lands into the Settlement equally desirable for the Family and that of his Brother should be entrapt the measures might be impeded if not rendered impracticable. I urged the business no further thinking it as, came better have you but I did not forget to inform him you [never?] compellable to have made the last installment on your purchase money unless an [Agreement?] had been obtained. You will see it in his expenses that [‘prevailiss?]. He told me you had informed him £500 and be required and I said I thought it impossible to [advance?] for that sum. When you see him again I make no doubt you will conquer his objection, but as you will be better able to judge of the probable [rescues?] of the [tab?] and otherwise attending it would it not be better and make it made palatable to him if you were to limit him to pay a certain sum and take the rest on yourself. Pardon me for mentioning this but I do it with a view of getting him to acquiesce cordially in the [measure?]. He told me he would have declined joining in the [Agreement?] on your maintaining it to him but you spoke so handsomely on the subject and when I referred to the Agreement he said he never saw it but I told him he had executed it and must have forgot it. I shall be glad to hear when you have surmounted this pivotal of all difficulties.

I remain,

Dear Sir,

Very faithfully yours

J Jones.

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Election to Recordership

Borough ofNewcastle under Lyme

Assembled in the Guild Hall of the said Borough all or a major part of the Common Council present the 10^th day of March 1801 according to the liberties and privileges of the said Borough.

I pursuance of the Notice given at the last Assembly Mr Thomas Fenton now moved that the rights and privileges of this Borough be granted to James Caldwell Esquire as an Honorary Burgess and the same were granted to him accordingly

And also in pursuance of the like Notice he also moved that the said James Caldwell be appointed Recorder of this Borough in the place and stead of George Embury Tollet who hath resigned which motion was by the Corporation unanimously agreed to.

Ordered. That the appointment and recommendation to his Majesty the Corporation of the said James Caldwell to the said Office of Recorder be sealed with the Common Seal of the Corporation.

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Abraham Crompton files

File F087 to 131 unreadable. Draft copy. All about the Deponent doing this and that.

File F103 – draft letter - It is unfortunate for Mr Crompton that the Gentlemen present do not more fully and accurately recollect the nature of the conversation, particularly of the expression used by him, which in point of fact neither did nor were intended to amount to more than a mere hypothesis namely, that if a Government was to be made anew then he thought that it might be constructed in a better manner superior to the present Constitution. I – [draft, much editing. Repeat of previous statements.]

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Letter to James Caldwell from Abraham Crompton Jun. Very find script handwriting.

Chorley9^th May 1793

Dear Sir,

I was surprised to receive you letter this morning. I was over atBoltonon Sunday and as Miss Noble was writing to H. Stamford I got her to mention that I should let Judgment go by default which is the determination we have come to. I wish you would send me an account of what money you paid inLondonand likewise a copy of the Memorial and other proceedings which we had when together. I cannot add anything more but Mrs C and my love to you.

AC jun. {Abraham Crompton Junior]

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Letter to Mr Caldwell

Solicitor

Newcastleunder Lyme

Staffordshire.

The King v Crompton

Sir,

Mr Attorney Fould[?] has not yet come to any determination relative to this prosecution, this moment he has been assured I will acquaint you the Rules to [pleed?] are unnecessarily given in order that we may, in case it shall eventually be found expedient, be entitled to proceed to Tryal at this Sessions Assizes or have a Judgment by default. I am sire your most humble servant.

Jos White

No. 6 Lincoln Inn

29 [March?] 1793

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Part of letter re Crompton case. 1793

Lord Hawkesbury present his compliments to Sir Henry Houghton and returns him the inclosed papers. It belongs to His Majesty’s Law Officers to judge, from the information they have received whether Mr Crompton ought to be prosecuted and in what manner; And it will be the duty of the Court and Jury before whom Mr Crompton is tried, to determine whether he is guilty, and to what Punishment he should be made subject; But Lord Houghton thinks it his duty as Chancellor of the County Palatine of Lancaster to say that if the conversation stated in Mr Harrison’s Declaration of the 4^th February to have been held by Mr Crompton, shall be legally proved to have been actually held by him Mr Crompton (whatever his Character in other respects may be) is certainly unfit to exercise any Office of Magistrate under the Government of Great Britain according to the present Constitution.

Hertford Street

March 4 1793

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