Michael D.Heath-Caldwell M.Arch.

JC Papers E

17 March 1816

Perhaps letter from A.C to A.C.M.

My father to whom I have communicated your letter, begs of me to assure you, with his kindest regards, that he most sensibly feels the difficulty and painfulness of the circumstances under which you are placed, and that he is most anxious to advise us both for the best. But as a means of assisting his judgment, he wishes in the first place, to know how long a time you think will probably be requisite, to enable you to speak with moderate certainty as to your future prospects and situation; as on this, he thinks, will much depend the course that ought at present to be pursued. Precipitancy, on the one hand, or a long protracted state of painful but ultimately fruitless suspense on the other hand are the evils in this case most particularly to be deprecated and guarded against, for both ourselves.

Letter to

Mrs Caldwell

Linley Wood

Lawton

Cheshire.

(to be sent up immediately without fail)

Bedford Hotel

7^th March 1807

My dear Eliza,

One line and no more. The Committee have decided in favour of the Sitting Members. The Petition not frivolous or vexatious. This, indeed, could not be expected as the whole was resolved into a point of Law. The point which I ventured to describe. I believe that the evidence I gave made a strong impression on the Committee; and I understand that Mr [Seytons?] (Mr Fletcher’s Counsel) spoke of my conduct in very complimentary terms in his summing up. Peake with whom I dined yesterday told me that Mr Porley on his return fromNewcastlewithout knowing that he and I were aquainted, spoke most highly and warmly of the manner in which the Election had been conducted by me. Will you believe that though a very long examination and cross examination, an hour and a half or two hours, before the Committee, not a nerve shook; but I was as recollected and as much master of myself as if I had been amongst the trees and sheep of Linley Wood. You may suppose, however, that these great efforts cost something but I have been resting myself all day today in my private room, where I have coolly [hole in letter, wax seal] –ted the event. I am afraid Mr F L- [hole] –‘s character no good. I understand that Mr Dallas one of our Counsel said that if the Agreement to close the [Pall?] should be proved against him he could never be considered as a Gentleman or a man of Honor. It was so proved clearly and undeniably. But of this say nothing. It is a pity he should have been in the hands of such bad advisors. I shall stay in town tow or three days longer. Tomorrow I propose calling at Lord Staffords. I am so [feared?] of losing the Post that I can only say I will write again tomorrow. God bless you my ever dear wife. Divide my tenderest love and affection among our dear children and be assured that if any circumstance seems to render me at all satisfied with myself, its highest gratification is derived form the idea of being more worthy of you, ever yours.

James Caldwell

Draft letter

Newcastle 2^nd February 1789

Sir,

I received yesterday, but not, I must confess, without some surprise, the favour of your letter accompanying the Draft of the Conveyance of the Montpelier Estate.

I cannot persuade myself, but that on a moment’s recollection, both you and Mr Yoxall must be fully satisfied that the insertion of the Covenant to which you object, arose from the question which was started by Mr Beard, relative to the liability of the Purchaser to see to the Application of his purchase money, and not from any difficulty in respect to the execution of the Conveyance by Mr Lawton, which was at that very time, unless [bad?] to be got over, by what you were pleased to call the very liberal, and certainly more voluntary allowance which I agreed to make to him.

I hope that it not be necessary for me to enter into any particulars respecting this disagreeable and long protracted affair; [‘especially’ crossed out] as I could but feel conscious to myself of having acted throughout the whole with candour and openness, and of having discovered, what I really felt, a sincere wish to accommodate both you and Mr Yoxall in every thing that was consistent with my own safety; but if surely never could be imagined for a moment that I would consent to accept doubtful or defective Title, nor can I bring myself to believe that you should either wish or believe me to be capable of doing so very weak and absurd a thing.

When the Contract was entered into with Mr Yoxall, it was as he very well knows and as from my opinion of that gentleman, I am [‘confident’ crossed out] persuaded that he will acknowledge, in general terms, an Agreement [‘in my part’ crossed out] generally per my part to give the price that was fixed [‘and which you have so often declared to be in your opinion an outside one, but, undeniably’ crossed out] in the common principle and presumption of a good [‘Title’ crossed out] one being made out. An abstract of the Title was afterwards delivered [in the commission?] with the price endorsed, many letters written which are now in my possession and promises given to compleat the contract and part of the purchase money received and paid [‘on person confidence and good opinion’ crossed out]. All that passed afterwards [insert unreadable] was as you very well know [‘that it must be’ crossed out] mere matter of accommodation amongst the parties, and in regard to the mention of my acceptance of such a Title as the Trustees could make without the concurrence of Mr Lawton we are certainly meant and understood what could alone at least be meant and understood [anyhow?] the best Title which the Trustees had it in their power to make and not such a one as might [sent their convince?].That Title I am [nin?] and have all along been ready to accept. I am ready to accept a Conveyance from the Trustee alone on having the parties [pardon?] – applied in payment of Debts mentioned in the Schedule and and [enhancing, entering?] copies of the necessary Deeds with undertakings to produce them delivered. I am ready to accept a Conveyance from the parties and Mr Lawton, and permit the purchase money to be applied as the parties requested on being satisfied that the money then is a balance due to the Trustees from the Trust Estate more than equal to my portion money and making a Covenant from them to indemnify against any persons claiming [against?] the Trust Deed with the necessary copies of Deeds and undertakings to produce them delivered. I am ready to set aside [insert line unreadable] any thing that has hitherto passed respecting the Title and to accept it in such a form as  shall be recommended to me by any Gentleman of eminence and respectability in the profession or I am ready to file a Bill, or if [‘or if it be more agreeable to’ crossed out] you will file a Bill to put in an answer in the shortest and easiest made possible in order to obtain the Declaration of the Court of Chancery and get the Title and conveyance settled by the Masters.

I as I have already

Letter to James Caldwell from W.Tomlinson

2^nd January 1812

W. Tomlinson

James Caldwell

Linley Wood

NearLawton

Cliff-ville, 2^nd January 1812

Thursday 4 o’clock

My dear Sir,

I have this moment got your favour of yesterday’s date. I beg to say that it will give me great pleasure to see you on Saturday next at 12 o’clock, I will make a point of being disengaged.

I regret that your engagement will require you to return home to dinner, but I trust that you will spend a day with me ere long. Nothing, I do assure you, would afford me higher gratification.

Believe me

My dear Sir,

Most truly and faithfully yours

Tomlinson

Draft letter re Crompton

Mr Crompton presents his respectful compliments to Mr White and incloses a Statement of the Case together with a letter to the Attorney General which if approved by Mr White, Mr Crompton will consider himself still further obliged to [‘Mr White’ crossed out] him to deliver conformably to what he was so kind as to propose this morning.

Mr Crompton begs leave to take this opportunity of expressing [‘the high service he entertained of’ crossed out] his acknowledgments for the liberality and polite attention which he has already experience from Mr White on the disagreeable occasion

Rainbow Coffee House

King Street,

Covent Garden

Saturday evening.

Canals and Railways

It is submitted-

That very large sums have been expended in the making and keeping up of Canals, upon the entire faith that Parliament would give a reasonable protection to such vested interests as is afforded in other cases.

That the Canal Proprietors, however, do not ask for compensation for injuries which they may sustain by any lines of opposing Railways; but only that they may be allowed, and not, by Act of Parliament, be precluded from, fair competition.

That, in the Railway Consolidation Bill, which has passed the House of Commons, a clause had been carried [by a majority of two only, in the House as to numbers – 21 to 19], enabling the Railway Proprietors to lower their tolls upon particular parts of their lines, without doing so upon the whole length.

That the effect of this will be most highly prejudicial to, if not destructive of Canals, inasmuch as, wherever a line of opposition exists from a Canal, the Railway Companies will be able to carry at any low – even nominal – rate they please, on that part of their line, making up the deficit of income, which must arise, by an increased toll on passengers.

That, as was well observed by Mr. J. Stuart Wortley,* such Clause, he believed, if carried, would “annihilate Canals altogether, and that he could not call that a fair competition, where Railways, in order to compete with Canals, carried goods for next to nothing, and put in on the passengers.”

That the consequence of this annihilation of Canals will be the establishment of a complete monopoly on the part of the Railways, the Proprietors of which will, after all competition has ceased, be at liberty to raise their tolls to any extent they chose.

That hereby the interests of the public at large will be most materially injured.

That, to a certain extent, the evil may be lessened, if not averted, by compelling the Railway Proprietors to charge the same upon the whole as upon parts of their lines; and by adopting the principle of a maximum, preventing tolls, after having been once lowered, from being raised again beyond a certain extent.

That Canal Proprietors are not allowed to charge beyond a certain rate per mile; and there are many cases where, although most important and expensive improvements have been made, they have not been able, even temporarily, to raise their tolls, to meet the particular emergency.**

That the objections made by some Honorable Members, that Mr. Rice’s Amendment would interfere with Sunday excursions and passengers for short distances, may be most easily obviated, by allowing less to be charged for passengers on parts of, than upon the whole line.

That if the Railway Consolidation Bill pass, in its present form, the Public, eventually in the case of goods, as they literally now are in the case of passengers, will be most materially prejudiced, by being obliged to pay more for the transit of goods than the Canals can well afford to carry them for.

That, so far as increased speed is concerned, this, for the general traffic of the country, and except in particular cases, will be of little value; the main thing for the commercial interests being – the regular conveyance of goods at cheap rates.

That, if the Bill alluded to receive the sanction of the Legislature, in its present form, the almost certain consequence will be immense loss to very many individuals, whose fortunes are largely interested in Canals, and to many small Proprietors inevitable ruin, where family arrangements have been made in the full faith that protection would be afforded and sustained by Parliament, where Parliament had expressly sanctioned the original undertakings.

That these observations are made in no unfriendly spirit towards Railways, generally, [very many Canal Proprietors – the writer of this letter for one – having considerable stakes in Railway investments,] but with a strong feeling that the Canal Companies are quite entitled to be allowed fair competition, and fair play.

A Canal Proprietor

*See Report of the Debate in Committee in the Times Newspapers.

**Some years ago the Trent and Mersey Company expended £123,868 in making a new Tunnel, &c.

Letter

To

James Caldwell Esq

Linley Wood

Talk on the Hill

Cheshire

Manchester

7^th November 1805

Dear Sir,

I was unexpectedly obliged to go out of town on Tuesday evening and could not see to the forwarding the first and last night. I left particular orders about it and find that a cod, sparlings, couple of rabbits and shrimps were forwarded by Mail. All very fine indeed, but I am much disappointed at the lobsters not being sent. I had a positive promise of them but there was not a single one came to town, or any good oysters. I shall be glad to hear all come in time and was approved.

I debit you for the amount £3.16.6.

And now let me congratulate you upon the glorious news of the day, it is of so different a Mach to what we have been accustomed to hear for some days back that the people are almost frantick. I hope Lord Nelson may be safe, but it is reported he died soon after the action.

Believe me dear sir,

Yours truly

H. Hindley

Best respects to Mrs Caldwell and family.

Letter, postmark Stockport 1826

To

Mrs Caldwell

Linley Wood

Cheshire

Mrs Caldwell, London17^th February 1826

Bought at Twinnings.

Dealers in Tea, Coffee, Chocolate & Cocoa

N.216 Strand near Temple Bar

17 fine Souchang – 7/b 6.7.6

1 finest ditto -                         0.12.0

1 fine Hyson -             0.12.0

£7.11.6

Madame,

We feel much obliged by your letter, containing a draft value Seven Pounds, 8/, which sum balances your account.

Agreeably to the favor of your order, we will forward the abovementioned teas at Pickford & Canal tomorrow, and as they are, at this time, quite fresh, I doubt not but they will be entirely approved.

We are happy to be enabled to send the Vouchers for which you formerly paid 8/- of the usual quality at 7/6.

I am, Madame, for Brothers and self

Your most obliged and humble servant,

George Twinning

London17 Feb 1826

Letter

To

James Caldwell

Linley Wood

Newcastle, June20, 1822

The Annual Meeting of the Newcastle and Pottery Library, will be held at the Library on Friday, the 28^th instant, at Eleven o’Clock in the Forenoon, to receive the Nomination of the Committee, and for the general purposes of the Society.

Agreeable to Rule 12,I transmit you a List of the Members, which List must be returned to me one day previous to the Annual meeting, under forfeiture of One Shilling, with the Letter I prefixed to the Names of those Eleven Members, whom you may deem most eligible to serve on the Committee for the ensuing year.

I beg to inform you that agreeable to arrangements entered into with Mr. Bull, the time of the Library being open will be altered, in order to suit the convenience of Members, to commence on Saturday the 29^th, viz. From Lady-day to Michaelmas, from 10 o’Clock in the morning, to 6 in the Afternoon.

From Michaelmas to Lady-day, from 10 o’Clock to 4in the Afternoon.

I am,

Your most obedient Servant,

James Smith, Treasurer.

James Caldwell of Linley Wood in the County of Stafford Esquire saith that he is Recorder of the Borough of Newcastle under Lyme having been appointed to that office in the year 1802. That he has since attended on three Elections at the request of and for the purpose of rendering his entirely gratuitous assistance to the Returning Officers; and particularly at the late Election of 1807. That the Poll was taken by the Seat Roll; which this Witness has been informed and believe to have been the invariable custom in the Borough of Newcastle, with the exception only of the Election of 1792. That the Roll is called over three times, and the name of every person who does not appear; called thrice each time. That the last Election commenced on Wednesday the 6^th May 1807, and concluded on the Saturday following [the 9^th] at about half after four o’clock in the afternoon. That 622 Burgesses appeared and voted, being 67 more than polled in 1802, and as this Witness has been informed and believe 53 more than ever polled at any former Election. That the Election proceeded in an orderly manner and without any interruption or disturbance from either party, beyond what commonly and perhaps unavoidably and excusably arises on such occasions. That on the morning of Saturday the 4^th day, as soon as the [Cavit?] was met, all the parties joined in a request to the Returning Officers, that they would if necessary sit more than the customary hours, it being their unanimous wish that the Poll might at all events close that day. That this was immediately agreed to by the Returning Officers and this Witness. That the Election then proceeded and the contest was for several hours extremely close and severe between Mr Macdonald and Mr Fletcher; but at length Mr Fletcher said, that he did not wish to give Mr Macdonald any unnecessary trouble, and should therefore decline, or expressed himself to that effect. That all the candidates then shook hands, and the Witness supposed the business was over. That Mr Macdonald was only a few votes ahead. That at this time there were three votes which in the course of the Poll had been tendered for Bootle and Macdonald but which being objected to by the Counsel on the other side remained undecided; it having been agreed that they should stand over to the last on account of some evidence which was expected to arrive. That Mr Bootle requested that these votes might now be investigated and decided upon; but which [according to this Witness’s recollection] was objected to by Sir Thomas Fletcher, the father of the Candidate, and as this Witness thinks by Mr Fletcher himself: but the conversation having taken place across the table, this Witness cannot state the Particulars of it. That Mr Bootle continuing to urge the point, and stating it to be the earnest wish of the voters, or of one of them at least, to have the question of the legality of their votes decided upon, this Witness thought it to be the duty of the Returning Offices to comply;  particularly, as the votes had been previously tendered and only stood over by consent. That the cases were accordingly argued, and two of the votes proving good were put upon the Poll. That the other was rejected. That a vote which had been tendered for Mr Fletcher and Mr Minett was then argued and Counsel heard; but this was also rejected. That during the discussions [outcry?] was raised in the Hall of fresh Voters X [‘That one John Glen then ordered his vote, to the validity of which no objection being made, he was immediately admitted to Poll, and which he did for Mr Boottle and Mr Fletcher’ crossed out] That several other persons afterwards tendered their votes, all of which according to the best of this Witness’s recollection were rejected except two. That a cry was also raised, and which in this state of the Poll excited much agitation, that a voter in the interest of Fletcher and Minett was detained by force in the House of a Mr Hill, and prevented from coming to vote. That the Returning Officers and this Witness immediately expressed their indignation at any such attempt; and the Mayor offered to go in person and bring up the voter. That it was then agreed that the two Fletchers, attended by the High Constable, and one person of each party, should be dispatched for the voter; who shortly after appeared on the hustings. That in the meantime it had been settled, that nobody should speak to the voter but the Witness, who immediately informed him, that that was the time for him to vote, and which he was at perfect liberty to do in what manner he thought best: when the voter said he would rather not vote at all, or expressed himself to that effect, and after repeating this once or twice, in reply to questions distinctly put to him by this Witness, he quitted the Hustings without voting. That this was the only complaint of the kind that this Witness heard of throughout the Election. That it being now not even pretended by either side that there was a single other voter in the town who had not voted [except one who was dangerously ill in bed, but whom, as it was known that he would Poll for Mr Macdonald called upon the Returning Officers to close the Poll and make their Return: but to which Mr Fletcher and Mr Minett strongly objected, alleging, that they had received a letter [and which this Witness thinks one of them held in his hand] with an account of other voters being upon the road who would be ready to vote on Monday; and therefore called upon the Returning Officers to adjourn the Poll till that day, the next being Sunday. That this Witness also recollects Mr Fletcher saying, that he had two or three voters to be made free, and that he required a hall to be held for that purpose; but this Witness heard no name mentioned, nor were any votes tendered. That this Witness understood that several halls had been held in the course of the Election, and particularly one on that very morning for the purpose of making Burgesses, and that no hall could be held without an adjournment to Monday, the custom of the Borough requiring as this Witness has always understood, that Notice of a Hall should be given the night preceeding. That much debate arose, the Candidates on the one side strenuously insisting on, and those on the other as strongly protesting against, the closing of the Poll. That under these circumstances the Returning Officers referred themselves to this Witness; when, after looking into the Acts of Parliament and Books relative to the proceedings at Elections, then in Court, and maturely and with great anxiety weighing the question in his mind, and more particularly taking into consideration, that all the requisite and accustomed forms had been punctually and carefully gone through, that it was not even contended that there was another voter in the town, [‘or stated to be at any other specified place, or within any specified distance’ crossed out] ready and desirous to vote. That there was no evidence even of voters being any where upon the road, further than what arose from a mere letter said to have been received. That it is the duty of Returning Officers to finish the Poll with all dispatch consistent with the rights of parties, and the allowance of a reasonable time for the Electors to come and vote. That ample opportunity for this had already been afforded, the Poll having then continued open four entire days. That it is not encumbent upon, nor the duty of Courts of Justice to procrastinate or delay their proceedings from any consideration arising from the negligence or remissiveness of parties and that in point of fact a much greater number of voters had then actually polled than had ever polled at any former Election. On these and such like points this Witness was of opinion that the Poll was legally and duly finished, and that the Return ought to be made. That this Witness was the more confirmed in his opinion, from the circumstances of the learned Counsel for Mr Minett, who had taken no part in the argument, declining to give any opinion on the point, though, from greater caution, particularly requested by this Witness so to do, as Amicus Cuvua and from whence this Witness concluded that he concurred in opinion with himself as to the proceeding, and which he had the satisfaction afterwards to find from that gentleman was the case. That the Mayor then more than once cried out aloud, that they would still wait till the seven hours were expired, at the end of which, if no voter came in, they would close the Poll. That the Witness cannot speak with certainty as to the length of [‘the interval’ crossed out] time but thinks [‘it must have been an hour or something more’ crossed out] from the time of the last vote having been given. That on the expiration of the time and after the usual Proclamations by the Town Cryer, the Poll was closed and the Return made: and from the mention which the candidates were pleased to make in their Addresses to the Electors, of the honorable manner which the Poll had through out been conducted, this Witness went away under the fullest impression and conviction that all parties were satisfied in respect to the business and regularity of the Proceedings and the Justice and Legality of the Determination. 

X – one John Glen then tendered his vote. That Mr Macdonald –y to any fresh voters being permitted to poll, on the – of the Poll having been already closed by consent and that the votes which it had been determined to investigate had been tendered previous to that circumstance, but there being no objection to the validity of Glen’s vote this Witness was of opinion that the proclamation had not been made and as the Court was then sitting he ought to be admitted to Poll, and which he did for Bootle and Fletcher

More notes handwritten in pencil around the edges but very difficult to read.

-          think Mr F had the letter or paper in his hand. Mr Minett afterwards and at this perhaps just after the Mayor had declared that – 7 hours

To Hold unto and to the use of the said Charles Bate and William Yoxall their heirs and assigns for ever upon trust that they the said Charles Bate and William Yoxall thinking  - should sell and dispose absolutely convey the said Messuages and Tenements Lands and Hereditaments and the Fee Simple and Inheritance thererof either entire and together or in separate lots as they should think most proper for the best rate or pride that could or might reasonably and conveniently be had or gotten for the same and did or should retain or pay and apply the money arising by such sale in satisfaction of such part of the debts as were then due and owing from the said John Lawton as they the said Charles Bate and William Yoxall their executors administrators and assignees should think proper And it is by the now reciting Indenture declared and [‘agreed’ crossed out] directed that the receipt or receipts of the said Charles Bate and William Yoxall their heirs and assignees should effectually discharge the purchaser or purchasors of the said premises or any part thereof of [spom?] so much of the purchase money for which such receipt or receipts should be given and that such purchaser and purchasors should afterwards be acquitted and discharged of an from the same and should not be responsible for any loss, misapplication or nonapplication of the said purchase money or any part thereof as in and by the said herein before in part recited Indres [Indenture?] of Lease and Rebase reference being thereunto had will more fully and at large appear. And whereas the said [‘John Beckett’ crossed out] James Caldwell hath contracted and agreed with the –

Draft of an agreement

This Indenture made the – day of – in the 28^th year of the Reign of our Sovereign Lord George the third by the Grace of God of Great Britain, ffrance and Ireland, King Defender of the ffaith and so forth and in the year of our Lord One thousand seven hundred and eighty eight [1788] between Charles Bate of Nantwich in the County of Chester Gent and William Yoxall of Nantwich aforesaid Gent in the first part John Lawton now or late of Lawton in the County of Chester Esq of the 2^nd part and James Caldwell of Newcastle under Lyme in the County of Stafford Gent of the third part and Abraham Crompton, Gent of Chorley aforesaid – of the 4^th part, whereas by certain [Indentures?] of Lease and Release bearing date respectively on or about the fourth and fifth days of December which was in the year of our Lord 1778 made or mentioned to be made between the said John Lawton of the one part and the said Charles Bate and William Yoxall of the other part reciting as therein is recited It is witnessed that for the consions therein mentioned the said John Lawton would grant, bargain sell alien release and confirm unto the said Charles Bate and William Yoxall their heirs and assigns and amongst other Hereditaments all being the messuages or tenements lands and Hereditaments therein and herein after particularly mentioned and described and intended to be hereby granted and released said Charles Bate and William Yoxall with the consent and approbation of the said John Lawton for the absolute purchase of the fee simple and inheritance of the said messuages or tenements lands and Hereditaments and premises [‘hereinafter particularly mentioned and described and intended to be hereby granted and released’ crossed out] at or for the price or sum of £750. Now this Indre [Indenture] witnesseth that in pursuance of the performance of this Agreement and for and in consideration of the sum of £750 of lawful money of Great Britain to the said Charles Bate and William Yoxall in hand well and truly paid by the said John Beckett at or before the sealing and delivery of these presents with the inset and approbation of the said John Lawton certified by his being made a party to and seals the receipt and payment whereof this the said Charles Bate and William Yoxall do hereby [responsible?] acknowledge and thereof and of and from the same and every part thereof  do and each of them doth acquit release and discharge the said John Beckett his heirs executors and assignees and every of  them for ever by these presents and also in consion of the sum of 10s of like lawful money of Great Britain to the said John Lawton in hand also paid by the said James Caldwell [‘John Beckett’ crossed out] at or before the sealing and delivery [‘of the said presents’ crossed out] him of the receipt whereof is hereby acknowledged they the said Charles Bate and William Yoxall have and each of them hath bargained sold aliened and released and by these presents do and each of them doth bargain sell alien and release and the said John Lawton hath granted bargained sold aliened released ratified and confirmed and by these presents doth grant bargain sell alien release ratify and confirm unto the said James Caldwell and Abraham Crompton the and in their actual possession now being by virtue of a bargain and sale to them thereof made by the said Charles Bate, William Yoxall and John Lawton for the term of one whole year in Conson of 5s by Indenture bearing date the day next before the day of the date of these presents and executed before the execution hereof and by force of the statute made for transferring uses into and to their heirs and assigns all that messuage or tenement situate standing and being at Montpelier in the Hamlet or liberty of Talk ‘oth’ Hill aforesaid in the parish of Audley in the said County of Stafford with all houses edifices barns stables buildings yards orchards gardens arable lands meadows pastures feedings woods underwoods and other the lands Hereditaments and appurtenances to the said messuages or tenements belonging or appertaining or reputed so to be or therewith usually held used or enjoyed  and which were formerly in the tenure holding or occupation of the said Henry Hough Gent and Mary Rowley and afterwards in the several holdings of Timothy Hope, Thomas Johnson and John Lowe, late in possession of the said John Lawton, his assignees or [attendents?] but now of – his assignees or [Hereditaments?] and which 9, lands contain in the whole by estimation – acres or thereabouts to the same more or less and the revenue and revenues, rent and rents yearly and other rents issues and profits of all singular the said premises and all the estate right Title intered use trust benefit property claim and demand whatsoever of them the said Charles Bate, William Yoxall and Charles Lawton and each and every of them in to from or out of the same premises way or any party or parcel thereof to have and to hold the said messuages or tenement lands Hereditaments and all and singular other the premises hereby granted and received or mentioned, intended so to be and every part and parcel thereof with their and every of their appurtenances unto the said [‘John Beckett’ crossed out] James Caldwell and Abraham Crompton, their heirs and assignees to the only proper use and behoof of the said [‘John Beckett’ crossed out] James Caldwell and Abraham Crompton their heirs and assignees [‘for ever’ crossed out] in trust nevertheless as to the Estate and interest of the said Abraham Crompton the younger for the said James Caldwell his heirs and assignees for ever and to or for no other use interest or purpose – and the said Charles Bate and William Yoxall for themselves [seolly?] of further[sertgt?] respective heirs executors and administrators do and each of them doth covenant promise and agree to and with the said [‘John Beckett’ crossed out] James Caldwell his heirs and assignees by these presents that it shall and that they the said Charles Bate and William Yoxall have not nor either of them hath at any time heretofore made and or committed or wittingly or willingly suffered to be made done so committed any act matter or thing whatsoever whereby or by means whereof the said messuages or tenements lands Hereditaments and premises hereby granted and [telled?] or mentioned or intended so to be or any part thereof is are can shall or may be impeached charged incumbered or affected in Title Charge Estate or otherwise however And the said John Lawton for himself his heirs executors and administrators doth covenant promise and agree to and with the said James Caldwell his heirs and assignees by these presents in manner and form following that is to say that for and notwithstanding any act matter or thing whatsoever by him the sad John Lawton done committed or suffered to the contrary they the said Charles Bate and William Yoxall and John Lawton now at the time of the sealing delivery of these presents are and rents issues and profits thereof and of every part and parcel thereof to his and their own use to have receive and take without any the lawful let suit trouble denial eviction or interruption whatsoever for by the said John Lawton his heirs and assigns or any other person or persons whomsoever lawfully claiming or do claim by here under or in Trust for them either or any of them and that free and clear and freely and clearly acquitted exonerated and discharged or otherwise well and sufficiently saved defended kept harmless and indemnified of from an agreement all and all manner of former and other gifts grants bargain sales leases mortgages [formtures?] and owers uses trusts wills intails statutes recognizance judgments extents execution and of from and of and all and singular other estates titles troubles burthens charges encumbrances whatsoever at anytime heretofore had made done committed occasioned or suffered or to be had made done committed occasioned or suffered by the said John Lawton his heirs or assigns or any other person or persons whomsoever lawfully claiming or to claim by from under or in trust for him them or any of them and moreover that he the said John Lawton and his heirs and all and every other person or persons whomsoever having or lawfully claiming or who shall or may have lawfully claim any estate right title benefit trust or interest either at Law or in equity of into from or out of the said messuage or tenements lands hereditaments and premises hereby granted and released or ment and intended so to be or any part thereof by from under or in trust for him them or any of them shall and will from time to time and at all times hereafter on every reasonable request and at the proper costs and charges of the said [‘John Beckett’ crossed out] James Caldwell his heirs executors administrators or assigns make do acknowledge – suffer and except or cause or procure to be made done acknowledge levied suffered and executed all and every such further and other lawful and reasonable acts deeds devices conveyances and assurances in the law whatsoever for the further better more perfect and absolute granting conveying and assuring the said messuages or tenement lands hereditaments and premises hereby granted and released and every part and parcel thereof with their and every of their appurtenances unto the said James Caldwell and Abraham Crompton  the yt their heirs and assigns in trust nevertheless as to the estate fortune of the said Abraham Crompton the younger for the said James Caldwell and his issue and his heirs or assigns or his or their Counsel learned in the law shall be lawfully and reasonably devised or advised required in Witness and

[down side of page] May be lawful to and for the said James Caldwell and Abraham Crompton their heirs and assigns according to their estates as and from time to time at all times hereafter [penually?] and quietly to cater and come into and purchase hold occupy possess and enjoy the said messuages or tenements lands Hereditaments and premises hereby granted and released or mentioned and intended so to be and the rents incomes and profits thereof and of  every part and parcel to his and their own use to have receive without any loss, suit, trouble denial circution of or by any person or present – - lawfully claim or to claim by from them or either of them or by entire of the said –

This Indenture made the – day of – in the twenty eighth year of the Reign of our Sovereign Lord George the Third by the Grace of God of Great Britain France and Ireland King Defender to the Faith &c and in the year of our Lord 1788 Between Charles Bate of Nantwich in the County of Chester Gent: and William Yoxall of Nantwich aforesaid Gent: of the first part, John Lawton now or late of Lawtin in the said County of Chester Esq: and Ann his wife of the second part James Caldwell of Newcastle under Lyme in the County of Stafford Gent: of the third part and Abraham Crompton the Younger of Chorley in the County of Lancaster Esq. (a Justice nominated by the said James Caldwell for the purpose hereinafter mentioned) of the fourth part Where as a certain Indenture of Lease and Release bearing date respectively on or about the fourth and fifth days of December which was in the year of our Lord 1778 and made or mentioned to be made between the said John Lawton of the one part and the said Charles Bate and William Yoxall of the other part Reciting as therein is recited It is Witnessed that for the consions therein mentioned the said John Lawton did grant bargain sell alien release and confirm with the said Charles Bate and William Yoxall their heirs and assigns amongst other Heirs All and singular the messuage or tenement lands and heredits therein and herein after particularly mentioned and described and intended to be hereby granted and released to Hold unto and to the use of the said Charles Bate and William Yoxall their heirs and assigns for ever Upon Trust that they the said Charles Bate and William Yoxall their heirs and assigns did and shall with all convenient speed sell and absolutely convey the said messuage or tenement lands and heredits and the Fee Simple and Inheritance thereof either entire and together or in separate and distinct Lots as they should think most proper for the best rate and price that could or might be reasonably and conveniently had or gotten for the same and did and should retain or pay and apply the money arising by such sale in satisfaction and discharge of such part of the debts as were then due and owing from the said John Lawton as they the said Charles Bate and William Yoxall their executors and administrators or assigns would think proper And it is by the now reciting Indenture declared and directed that the receipt or receipts of the said Charles Bate and William Yoxall their heirs and assigns should effectually discharge the purchaser or purchasors of the said premises or any part thereof of and from so much of the purchase money for which such receipt or receipts should be given and that such purchaser and purchasers should afterwards be acquitted and discharged of and form the same And should not be responsible for any loss misapplication or nonapplication of the said purchase money or any part thereof as in and by the said hereinbefore in part recited indenture of Lease and Release reference being thereunto had will more fully and atlarge appear And whereas the said James Caldwell hath constructed and agreed with the said Charles Bate and William Yoxall with the consent and approbation of the said John Lawton for the absolute purchase of the Fee Simple and Inheritance of the said messuage or tenement lands heredits and premises at or for the price or sum of £750 Now This Identure Witnesseth that in pursuance and performance of the said Agreement and for and in consion of the Sum of £750 of lawful money of Great Britain to the said Charles Bates and William Yoxall in hand well and truly paid by the said James Caldwell at or before the sealing and delivery of these presents with the Consent and approbation of the said John Lawton testified by his being made a party to and sealing and delivering these presents the receipt whereof they the said Charles Bate and William Yoxall do hereby acknowledge and thereof and of and from the same and every part thereof they the said Charles Bate and William Yoxall and also the said John Lawton do and each and every of them doth aquit release and discharge the said James Caldwell his heirs executors and administrators and every of them for ever by these presents And Also in consion of the Sum of 10s of like lawful money of Great Britain to the said John Lawton in hand also paid by the said James Caldwell at or on before the sealing and delivery of the receipt whereof is hereby acknowledged they the said Charles Bate and William Yoxall Have and each of them Hath bargained sold aliened released and confirmed and by these presents Do and each of them Doth bargain sell alien release and confirm And the said John Lawton hath granted bargained sold aliened released ratified and confirmed and by these presents Doth grant bargain sell alien release ratify and confirm unto the said Jame Caldwell (in his Actual possession now being by virtue of a bargain and sale to him thereof made by the said Charles Bate and William Yoxall, and John Lawton for the term of one whole year in consion of 5s by Indenture bearing date the day next before the say of the date of these presents and executed before the execution hereof and by force of the Statute made for transferring uses into possession and to his heirs All that messuage or tenement situate standing and being in the Hamlett or liberty of Talk oth’ Hill in the parish of Audley in the County of Stafford called the Wood otherwise Linly Wood otherwise Montpelier with all houses edifices barns stables buildings yards orchards gardens arable lands meadows pastures feedings woods underwoods and other the lands heredits and appurts to the said messuage or tenement belonging or appertaining or reputed so to be or therewith usually held used or enjoyed and which were formerly in the tenure holding or occupation of Thomas Fernyhough Gent and Mary Rowley and afterwards in the several holdings of Timothy Hope, Thomas Johnson and John Lowe late in the possession of the said John Lawton his assigns or undertenants but now of -  his assigns or undertenants and which said lands contain in the whole by estimation – acres or thereabouts be the same more or less And the reverse and reversions remr and remns yearly and other rents issues and profits of all and singular the said premises And all the Estate right Title interest use trust benefit properly claim and demand whatsoever of them the said Charles Bate and William Yoxall and John Lawton and each and every of them of into from or out of the same premises or any part or parcel thereof To Have and to Hold the said messuage or tenement lands heredits and all and singular other the premises hereby granted and released or mentioned and intended so to be and every part and parcel thereof with their and every of their appurts unto the said James Caldwell and Abraham Crompton and the heirs and assigns of the said James Caldwell for ever In Trust nevertheless as to the Estate (and Interest) of the said Abraham Crompton for the said James Caldwell his heirs and assigns for ever and to for no other use intent or purpose whatsoever And the said Charles Bate and William Yoxall for themselves severally and for their several and respective heirs executors and administrators do hereby severally but not jointly covenant and declare to and with the said James Caldwell his heirs and assigns that they the said Charles Bate and William Yoxall respectively have not at any time here to fore made done committed or executed or wittingly or willingly permitted or suffered any Act Deed matter or thing whatsoever whereby or by means whereof the said messuage or tenement lands heredits and premises hereby granted and related or mentioned or intended so to be or any part thereof are or is or can shall or may be impeached charged incumbered or affected in Title Charge Estate or otherwise howsoever And the said John Lawton for himself his heirs executors and administrators doth covenant promise and agree to and with the said James Caldwell his heirs and assigns by these presents in manner and form following that is to say that they the said John Lawton and Ann his wife shall and will as of Michaelmas Term last or in as appointed Hilary Term next or some other subsequent Term Acknowledge and levy before his Majesty’s Justices of the Court of Common Pleas at Westminster one or more Fine or Fines Sur Conuzance de droit come ceo &c whereupon proclamations shall and may be had and made according to the form of the Statute in that case made and provided and the usual course of Fines and such cases accustomed unto the said James Caldwell and his heirs of the said messuage or tenement lands heredits and premises hereby granted and released  or mentioned and intended to be by such apt and convenient name and names quantities qualities number of acres or other descriptions as shall be thought necessary or requisite to ascertain and comprehend the same which said Fine or Fines so as assured or in any other manner or at any other time or times levied or to be acknowledged and levied by or between the said parties to these presents or any of them or whereto they or any of them are or is or shall be parties or a party or  - of or concerning the said heredits and premises hereby granted and released or mentioned or intended so to be or any part thereof shall be and enure and shall be adjudged deemed construed and taken to be and enure and are hereby declared by all the said parties to these presents to be and enure to the use and behoof of the said James Caldwell and Abraham Crompton and the heirs and assigns of the said James Caldwell  In Trust nevertheless as to the Estate of the said Abraham Crompton for the said James Caldwell his heirs and assigns for ever and to or for no other use intent or purpose whatsoever And Also that for an notwithstanding any Act matter or thing whatsoever by him the said John Lawton done committed or suffered to be contrary they the said Charles Bate and William Yoxall and John Lawton or some or one of them now at the time of the Sealing and Delivery of these presents are and stand or is and standeth lawfully rightfully and absolutely seized in their or some of one of their demesne as of the of and in the said messuage or tenement lands heredits and premises hereby granted and released or mentioned and intended so to be and of every part and parcel thereof with their and every of their appurtenances of a good sure lawful absolute and undefeazible Estate of Inheritance in Fee Simple to them and their heirs or the heirs of some or one of revocation or limitation of use or uses or any other matter restraint or thing whatsoever to alter change charge revoke make void lessen or incumber the same And likewise that for and notwithstanding any such Act matter or thing as aforesaid they the said Charles Bate and William Yoxall and John Lawton or some or one of them now have in themselves or himself good right full power and lawful and absolute authority to grant release and convey the said messuage or tenement lands heredits and premises hereby granted and released or mentioned and intended so to be and every part and parcel thereof with their and every of their appurtenances unto the said James Caldwell and Abraham Crompton and the heirs and assigns of the said James Caldwell in manner aforesaid and according to the purport true intent and meaning of the presents And further that it is shall and may be lawful to and for the said James Caldwell his heirs and assigns from time to time and at all times hereafter peaceably and quietly to enter and come into and upon have hold occupy possess the messuage or tenement lands heredits and premises hereby granted and released or mentioned and intended so to be and the rents issues and profits thereof and of every part and parcel thereof to his and their own use to have and receive and take without any the lawful let suit trouble device eviction or interruption whatsoever of or by the said John Lawton his heirs or assigns or any other person or persons whomsoever lawfully claiming or to claim by from under or in trust for them or either or any of them And that free and clear and freely and clearly aquitted exonerated and discharged or otherwise well and sufficiently saved defended kept harmless and indemnified of from and against all and all manner of former and other gifts grants bargain sales leases mortgages tintures dowers uses trusts wills intails statutes recognizances judgements extents execution and of from and against all and singular other Estate titles troubles burthens charges and incumbrances whatsoever at any time heretofore had made done committed occasioned or sufferd or to be had made done committed occasioned or suffered by the said John Lawton his heirs or assigns or any other person or persons whomsoever lawfully claiming or to claim by from under or in trust for him them or any of them And Moreover that he the said John Lawton and his heirs and all and every other person or persons whomsoever having or lawfully claiming or who shall or may have or lawfully claim any Estate Right Title Benefit Trust or Interest either at Law or in Equity of into from or out of the said messuage or tenement lands heredits and premises hereby granted and released or mentioned and intended so to be or any part thereof by from under or In Trust for him them or any of them and shall and will  from time to time and at all times hereafter on every reasonable request and at the proper costs and charges of the said James Caldwell his heirs or assigns make do acknowledge levy suffer and execute cause or procure to be made done lawful and reasonable Acts Deeds Devices Conveyances and Assurances in the Law whatsoever for the further better more perfect and absolute granting conveying and assuring the said messuage or tenement lands heredits and premises hereby granted and released and every part or parcel thereof with their and every of their appurtenances unto or to the use of the sais James Caldwell his heirs and assigns or as he or they shall direct or appoint as by the said James Caldwell his heirs or assigns or his or their Counsel learned in the Law shall be lawfully and reasonably devised or advised and required And the said Charles Bate and William Yoxall and John Lawton for themselves severally and respectively and for their several and respective heirs executors and administrators do and each and every of them doth covenant promise and agree to and with the said James Caldwell his heirs and assigns That they the said Charles Bate and William Yoxall and John Lawton their respective heirs and assigns shall and will from time to time and at all time hereafter at the request costs and charges of the said James Caldwell his heirs and assigns so long as the said hereinbefore in part recited Indenture of Lease and Release of the 4^th and 5^th December 1778 and also certain Articles of Agreement bearing date on or about the 24^th day of January 1770 made subsequent to and in consequence of the marriage of the said John Lawton with Ann his present wife shall remain in their or any of their possession respectively produce and shew forth the same unto the said James Caldwell his heirs or his or their Agents or Counsel or upon any Trial at Law or in Equity or otherwise as occasion shall be an require for the manifestation and confirmation of the Title of the said James Caldwell his heirs and assigns to the said hereinbefore granted and released messuage lands heredits and premises every or any party or parcel thereof In Witness &c.

Date 1788

Messrs Bate & Yoxall Trustees for Sale of part of the Estate of John Lawton Esq and the said John Lawton to Mr James Caldwell and his Trustee.

Draft release of a messuage or tenement lands and heredits called Montpelier situate near Talk on the Hill in the County of Stafford.

Caldwell

About two months ago Abraham Crompton Junior Esquire who resides at Chorley in the County of Lancaster being in the Coffee Room at Chorley reading the papers with company with John Harrison, Mr James Smith, Mr Thomas Hindle, Mr William Hough and Mr Herbert Edgar, all of whom are his neighbours and acquaintances the subject of politics was started, owing to some mention or other being made of Judge Ashhurst’s Charges; wherein the conversation turning generally upon forms of Government it was observed by somebody present that no moderate person could before a Revolution when Mr Crompton said that he was for a Revolution upon which Mr Harrison observed, ‘That is a very undefined term, you would not mean by that to overset the present Constitution.’ Mr Crompton relied ‘I would have no Lords.’ Mr Harrison then said, ‘What, and would you have no King?’ Mr Crompton replied ‘Yes,I would have no King.’ Mr Hough then said ‘Republicanism (or a Republican Government) would never do for this Country.’ On which Mr Harrison observed that is could not, it had been tried. The conversation was here interrupted by the Mistress of the Coffee Room opening the door, and other gentlemen coming in nothing further was said; but Mr Crompton afterwards declared to Mr Smith that he wished to have explained himself further had he not bee interrupted.

The foregoing is as much as I recollect of what was said, though I cannot speak positively to it.

But I considered, and clearly understood at the time, to be nothing more than mere matter of lose, private conversation, on a general question of politics and Government, and not at all as expressive on the part of Mr Crompton, of any thing personal or disrespectful to his present Majesty, or as conveying, or meant to convey, the idea of any wish or intention to distress or reflect upon the existing Government.

I have know Mr Crompton for many years and have always considered him as a very worthy respectable man and of unimpeachable character and conduct since he has been in the Commission of the Peace, he has uniformly acquitted himself, so far as I ever heard or could judge, as an useful upright Magistrate, particularly vigilant and active, in enforcing the execution of, and a due submission to the Laws. In respect to politics I have always thought him moderate. When I have dined at his house, it was always his custom to give the King as his first Toast; and in case of any Riot or disturbance, I believe that he would be one of the first to step forwards to quell it, in whatever party or form whatever cause it might originate.

Witness

James Smith

James Caldwell

Signed at Chorley by Mr Smith

4^th February 1793

On the first of December last, Abraham Crompton Junior Esquire, who resides at Chorley in the County of Lancaster being in the Coffee room at Chorley reading the papers in company with Mr John Harrison, Mr James Smith, Mr Thomas Hindle, Mr William Hough and Mr Herbert Edgar, all of whom are his neighbours and acquaintances, the subject of politics was started, owing to some mention or other being made of Judge Ashursts Charge when the conversation turning generally upon forms of Government it was observed by somebody that no moderate person could be for a revolution, when Mr Crompton said that he was for a Revolution, upon which Mr Harrison observed that is a very undefined term, you would not mean by that to overset the present constitution. Mr Crompton replied I would have no Lords. Mr Harrison then asked, what and would you have no King? Mr Crompton replied yes, I would have no King, but if it was to be done it should be gradually and when it appeared to be the general sense of the people to have it so. The conversation was now interrupted by the Mistress of the Coffee Room opening the door and some more Gentlemen coming in. Nothing more was said but Mr Crompton afterwards declared to Mr Harrison that we wished to have explained himself further had he not been interrupted.

The foregoing is according to the best of my recollection the substance of what passed but I considered and clearly understood it at the time as nothing more than mere matter of loose private conversation, on a general question of politics and Government, and not at all as expressed on the part of Mr Crompton of any thing said or disrespectful to his present Majesty or an conveying or meant to convey the idea of any wish or intention to disturb, weaken or reflect upon the existing Government.

I have known Mr Crompton for many years and have always considered him as a worthy respectable man of unimpeachable character and conduct. Since he has been in the Commission of the peace he has uniformly acquitted himself, so far as I ever heard, or could judge as an useful, upright magistrate particularly vigilant active in the discharge of his office, and in enforcing the execution of and a due submission to the Laws.

The letter a copy of which is subjoined and which was written by me on the Seventeenth December to a Mr Thomas Ainsworth who is a friend of mine and a Member of the Association established at Bolton for the protection of liberty and property, will more fully explain my sentiments and impressions at the time respecting this disagreeable and misrepresented business.

John Harrison

Signed in the presence of James Caldwell

Chorley

4^th February 1792

Mr Ainsworth,

Sir,

I must beg leave to offer you my sentiments respecting the businesss, Mr Hardman was here upon, on Saturday last, for which I hope your excuse. It strikes me that every association might to aim at the preservation of peace, good order and universal good neighbourhood And your association appears to be expressly to this purpose. How far then it is proper to interfere in other towns so as to cause a disagreeable division amongst the inhabitants at present upon the most social agreeable footing; I leave it to your own Judgment to determine, with me it appears in the most disagreeable point of view and to think there may be the least possibility of any individuals being called upon in the character of informers (a name detested by all respectable characters of any party) is what must give the most disagreeable sensations to any man of sensibility. Also instead of conciliation differences in opinion to proceed to any kind of individual prosecutions is, I think, only leading to inflame and in the present instance in my mind wholly unnecessary. There are few men but have particular political opinions – impossible, nay in measure unjust to deprive them of so long as they do not interfere in any particular manner with the constitution. And for any individual to suffer for a few inconsiderate words spoken without any mischievous or bad intention which (from the general tone of the Gentleman’s actions and known character both public and private) is generally believed would in my mind be very hard.

It would also be a very great loss to the town to be without a Magistrate and I do not believe we have another Gentleman in the town who would accept the office.

Though the Gentleman’s opinion and mine might differ with respect to the form of Government we might fix upon, had we the Formation of one, yet I must do him the justice to say that I firmly believe he would never have the least idea (and I absolutely think him incapable) of doing any thing that he thought might effect the peace and good order of society. In fact upon any occasion of disturbance I am sure he would be one of the first to step forward to quell it by what ever party brought forward.

I sincerely hope all further thoughts upon this business may be dropp’d, as I am well convinced most of the Principal Inhabitants of this place are of the same opinion with me; and it would give me, and I dare say them, much uneasiness to see any further steps taken.

I have only to add, that from the reasons stated, you will particularly oblige me, and I doubt not many of the Gentlemen of this place, if you will use your influence to stop any further procedures.

Mr H begs to unite &c &c &c

Jn Harrison

December 17 1792

On 1st December 1792, Abraham Crompton Junior Esquire, who resides at Chorley in the County of Lancaster being in the Coffee room at Chorley reading the papers in company with Mr John Harrison, Mr James Smith, Mr Thomas Hindle, Mr William Hough and Mr Herbert Edgar, all of whom are his neighbours and acquaintances, the subject of politics was started, when Mr Edgar observed he was for moderate reform, when Mr Crompton said he was for a Revolution, upon which Mr Harrison observed that is a very undefined term, you would not mean by that to overset the present constitution. Mr Crompton replied I would have no Lords. Mr Harrison then said, what and would have no King? Mr Crompton replied ‘I would have no King.’ Mr Hough waited for some person to reply and then said ‘Englishmen will never – governed by a Republican Government.’ Mr Harrison observed ‘that system has been tried but it would not do.’  The conversation was here interrupted by the Mistress of the Coffee Room opening the door and other Gentlemen coming in, nothing further was said.

I considered and clearly understood what Mr Crompton said at the time to be nothing more than mere matter of loose private, inadvertent and unguarded conversation on a  general question of politics and Government, and not at all as expressive on the part of Mr Crompton of any thing personal or disrespectful to his present Majesty or as conveying or meant to convey the idea of any wish or intention to disturb, weaken or reflect upon the existing Government.

I have known Mr Crompton for many years and have always considered him as a worthy respectable man of unimpeachable character and conduct, and have had occasion often to go before him in his capacity of a Magistrate when he was vigilant and active in enforcing the execution of and a due submission to the Laws.

In respect to Politics I have always thought him moderate and have often asked Mr Smith his sentiment of Mr Crompton’s principles when Mr Smith uniformly told me he was for no more than for a moderate reform which every good subject could wish for. That at the News Room dinner which was on Thursday following the above conversation he gave the King for his Toast and I am confident in case of any Riot or Disturbance he would be one of the first to step forward and exert himself to quell it, in whatever party or upon whatever cause it might originate.

Chorley4^th Feb 1793.

William Hough

About two months ago Abraham Crompton Junior Esquire, who resides at Chorley in the County of Lancaster being in the Coffee room at Chorley reading the papers in company with Mr John Harrison, Mr James Smith, Mr Thomas Hindle, Mr William Hough and Mr Herbert Edgar, all of whom are his neighbours and acquaintances, the subject of politics was started and a general conversation took place upon the forms of Government in the course of which a Reform in this Country was mentioned when Mr Crompton said he thought there must be a Revolution or something to that effect, on which Mr Harrison observed ‘Why then Mr Crompton, you would have no King and no Lords,’ to which Mr Crompton replied Yes, but immediately added that he would not have a Revolution take place till every body was agreeable to it, and it could done without rioting and mobbing or used expressions to that effect. The conversation here interrupted by some persons coming into the room.

That is all that I particularly recollect of what passed, but I considered and clearly understood it at the time mere matter of loose private conversation and not at all personal to his present Majesty as conveying or meant to convey the idea of any wish or intention on the part of Mr Crompton to disturb, weaken or cast any reflections upon the existing Government.

I have known Mr Crompton for many years and have always considered him as a worthy and respectable man, and of unimpeachable character and conduct. Since the present questions of Politics have been agitate I have frequently heard his Moderation taken notice of by persons of what is called the opposition party, and during the time he has been in the Commission of the peace he has always acquitted himself, so far as I ever heard, or could judge as an useful, upright magistrate particularly vigilant active in the discharge of his office, and in enforcing the execution of and a due submission to the Laws. In case of any riot or disturbance I am persuaded that he would be one of the most forward in endeavoring to quell it, in whatever party or from whatever case it might originate

Thomas Hindle

Witness, James Caldwell

Signed by Mr Hindle atChorley

4^th February 1793

About two months ago Abraham Crompton Junior Esquire, who resides at Chorley in the County of Lancaster being in the Coffee room at Chorley reading the papers in company with Mr John Harrison, Mr James Smith, Mr Thomas Hindle, Mr William Hough and Mr Herbert Edgar, all of whom are his neighbours and acquaintances, a conversation on general politics took place arising from some mention or other being made of Judge Ashhurst’s Charge in the course of which something was said of King and Lords, when Mr Crompton observed that if he had a new Government to form he would have no King or Lords. Mr Edgar then observed that he was for reform to which Mr Crompton replied these are my sentiments, or that is my wish but I could have no robbing or rioting and if ever anything is done, it should be with the general consent of the people or the voice of the Nation or that that effect.

The foregoing is all that I particularly recollect of what passed, but I considered and clearly understood it at the time mere matter of loose inadvertent conversation and not at all expressive on the part of Mr Crompton of anything personal or disrespectful to the King or as conveying or meant to convey the idea of any wish or intention disturb reflect upon the present Government.

I have known Mr Crompton for many years and have always considered him as a worthy and respectable man of unimpeachable character and conduct since he has been in the Commission of the peace he has uniformly acquitted himself, so far as I ever heard, or could judge as an useful, upright magistrate particularly vigilant active in enforcing the execution of and a due submission to the Laws. I have in some cases thought him rather too exact and in a matter of Revenue, leaning too much to the side of the King. I think no other Magistrate in this neighbourhood has taken the same pains in the discharge of his duty. I am confident that in case of any riot or disturbance Mr Crompton would be one of the foremost to quell it, in whatever party, or from whatever case it might originate.

Chorley4^th of February 1793

Herbert Edgar

In confirmation of what is said by all the Gentlemen respecting Mr Crompton’s General character and conduct, the following copy of and letter from R Andrews Esq a Magistrate for the County of Lancaster with whom Mr Crompton has been in the habit of acting ever since he has himself been in the Commission of the Peace is added.

Rivington near Chorley.1793

Lancashire.

Mr Crompton of Chorley is a Gentleman of established good character in this neighbourhood and a firm friend to peace and good order. I have acted with him as a Magistrate some years and have ever found that he paid due attention and fidelity in executing the Laws of this Country to the best of his knowledge. He is a steady friend to the present form of Government and convinced I am that he would at this time be as ready as any person to put a stop to any Tumult or Insurrection that might arise.

R. Andrews.

February 21^st

Observation

From a desire to do away with effects of that misrepresentation to which Mr Crompton finds himself expressed, as well as to present his being injured without cause in the esteem of those, whose good opinion it is his anxious wish to preserve, he has been induced to procure the foregoing Statements in order that the whole of this affair in which they relate, may be clearly and thoroughly understood. This he persuades himself is all that is requisite to his compleat vindication. But although satisfied of having committed no intentional offence and trusting therefore that he might with confidence look forwards to the determination of a Jury, Mr Crompton is still desirous to avoid be every honorable means, the being involved in a contention with Government.

It is unfortunate that the Gentlemen do not so fully and accurately recollect the general scope of the conversation as to convey more clearly the true import of Mr Crompton’s words, all that in point of substance he [affies?] did, or meant to say, amounted to nothing more than the expression of a bare opinion, resting wholly upon an Hypothesis namely, that if a Government was to be made anew then that it might be constructed in a better form than the present. Had not Mr Crompton been interrupted at the critical part of the conversation, by other persons coming into the room, there can be little doubt from the wish which he afterwards expressed to have had an opportunity of explaining himself further, and that he would have done it in such a manner as to have precluded the possibility of misconstruction or mistakes. So far indeed from entertaining any wish or intention to disturb the peace and order of Society Mr Crompton has no hesitation in declaring in the most explicit manner that he deprecates any attempt of the kind, and that if any such was made he should feel it to be his inclination no less than it would become his Duty, to use his utmost endeavours to resist and defeat it; being fully aware that what may in many cases appear to be abstractedly and theoretically right may in practice be highly inexpedient and unwise.

Any further or more particular observations may perhaps be deemed unnecessary, and take up too much time. It is only therefore submitted that from the – general tenor of the evidence it appears.

First, that the words spoken, were matter of private undesigning conversation only, in the course of a genuine argument between persons living in the same place, long known to each other, and amongst whom guarded and cautious language was deemed wholly unnecessary.

2^nd. That these words were not used by Mr Crompton as part of any speech or declaration deliberately made or introduced by him with a view to excite or enflame the minds of the persons to whom he was speaking; but merely in hasty reply, to strong and leading questions, pointedly put, and were extorted therefore in some measure by the course of argument.

Thirdly. That from the concurrent Testimony of all the witnesses it is manifest that nothing of an inflammatory or seditious nature appeared to be intended on the one side, nor was understood on the other, and that so far from any contempt or disrespect to the present King and Government appearing to have been expressed nothing of the kind was even thought of by any of the parties at the time.

.