Michael Heath-Caldwell M.Arch
Brisbane, Queensland
ph: 0412-78-70-74
alt: m_heath_caldwell@hotmail.com
Letter from Ann Caldwell
Addressed to-
Mr Caldwell
At John Sparrow’s Esq.,
Newcastle
Staffordshire
Clapham, Monday May 22nd 1780
If your letter had not just come when it did I believe I should have sent an express by last nights mail to enquire about the parcel, which I had almost concluded was either lost, or fallen into wrong hands. I am more than paid for the trouble I had about them, by their meeting with your approbation, and need I add, that any other little service which it may ever be in my power to render you will never want a heart, though it may want a judgment to be executed to your wish.
I have been with Mrs Acton about ten days, and they have been the most agreeable ten days, I have spent since I came toLondon. Mrs Acton is indeed a most pleasing woman, and she not only attended me to every place of entertainment, but seems to enjoy them with me too, and takes off a great deal of that painful obligation which I must more immediately appear to lie under to her, if her inclination seemed to go astray from her actions. We live quite in a style, I can assure you for when we have surfeited ourselves with the pleasures of the town, we retire to our Country house at Clapham, which is one of the most delightful spots you can conceive; and where you may reverie the noisy scene, and enjoy all the beauties of the spring in the highest perfection. At this said delightful spot we have been since last Thursday, and have employed ourselves very agreeably and much more usefully than you can possibly do in London. But, as variety has always abundance of charms for the woman, we propose leaving our blissful abode early to morrow morning, and re-enter upon a set of pleasures that are to continue for the remainder of my time. On Wednesday if nothing material happens to prevent us, we go to Ranalagh. Thursday to Greenwich and Woolwich, if we can get admission, to see the Convicts but as the Law against the keepers are now much more strict than they used to be owing to the inconvenience that arose from their exposing the wretches to public view, we are in some doubt about executing this last design. Friday I mean to spend with Miss Hawthornes[?]. They have behaved extremely civil to me, and I have unfortunately always been engaged when they sent for me to their house. Saturday, I don’t yet know how we shall dispose of ourselves, but as I have a good many calls to make at the other end of town, such as Mr Newton, Mrs Banks, Miss Hilditch &c, I think I may as well set Saturday apart for dividing myself amongst them. The first fine day in the next week we go to Vauxhall, and Vauxhall is to put a finishing stroke to all the pleasures I must ever hope to enjoy in London. My time for returning home is expired, and more than expired, so towards the latter end of next week, or the beginning of the week following I must endeavor to think seriously and composedly of quitting all these gay and charming scenes, for my former old fashioned, but comfortable ease and quiet. A letter from home, which I am in daily expectation of, will determine my fate, and if I can divine aright, I shall be within fifteen miles of Newcastle about the middle of the first week of June. I believe I have not been at the play since I wrote last to you. The weather is now so warm, and the houses so full, that t’is as much as one life is worth to attempt getting into any other place but the Boxes, and those you know are not everyday seats. I have not been much [wax seal covering word] with anything I have seen since I came to London, than I was [wax seal again]. Exhibitions of paintings at Somerset House, last Wednesday evening. The House itself is the most elegant piece of building I ever saw, and all the rooms are adorned with paintings of excellent workmanship with most excellent taste. After we had satisfied our curiosity there, we went, as the evening was extremely fine, into the park and walked by moonlight till ten o’clock, not without a Beau though. Mr Corbet attended us all the evening, and has offered to be at our service whenever we will accept him. We did not go to any public places last week because it is esteemed a great piece of vulgarity to keep holyday in Whitsun-week, and having had so long a visit, makes me more keen for getting back to Town. You have heard, I suppose, of the death of Sir Charles Hardy? Remember me to everybody atNewcastle. When I read that part of your letter that mentioned your spending Sunday at Nantwich with Miss W, I could not help wishing myself with you. I don’t know that Miss W expects to hear again from me, but if I can possibly find time I shall write this week. Sam Penlington desired when I wrote to you, I would not forget to give his best complements. He is strangely altered since you saw him, one should not be uncharitable in ones judgment; but he looks to me as if he likes either good eating or drinking. He is monstrously puffed up in his face, and looks vastly plainer than he used to do. I will take care to enquire about the books.
Your sincerely affectionate Sister.
Note on piece of paper-
Old ornaments and Seals belonging to the Caldwell family, 17, 18, and 19th Centuries.
Letter from Joseph Skerrett to James Caldwell – 1814
Coole, May 19th 1814
My dear Sir,
From an idea that my Nephew had left all his property at the disposal of his Mother, I have for some time past been endeavoring to reconcile myself to what I believed a certainty, that neither myself or Brother should have a shilling from my Brother’s property, I was ill prepared to be severely mortified by the perusal of the inclosed letter from Mr Carr. To prevent giving vent to my feelings on the occasion, I shall only observe that my nephew has behaved dishonorably and unjustly to both of use, particularly to me who have always been a most sincere friend to him and have not deserved such cruel treatment.
I shall not answer Mr Carr’s letter than I have the pleasure of seeing you when I flatter myself you will have the goodness to favour me with your advice how I ought to proceed. I still please myself with the hope of seeing Mrs Caldwell and you here for a few days.
My kind respects to all, and believe me my dear sir,
Yours most sincerely
Joseph Skerrett
P.S. Eliza has not seen this letter or Mrs Skerrett. Don’t you think it would be proper for her to see both?
Document from Jean Kirkwood, daughter of William and Agnes Kirkwood [ne Caldwell]
Notorial Copy Assignation
Jean Kirkwood to John Boyle
1808
I, Jean Kirkwood, alias Cochran, Relict of Robert Cochran, Inndweller in Beith deceased considering that the late James Caldwell, my uncle by his last will and testament dated executed after the English form did order and direct the whole of his personal estate subject to the annuities therein mentioned to be divided into six equal parts or shares and gave and bequeathed one sixth part or share thereof unto his brother John Caldwell, his executors, administrators and assigns and the remaining five shares thereof unto his Trustees therein named, their executors, administrators upon trust that they his said Trustees or the survivor of them or the executors, administrators of such survivor should invest the same in the public funds or place the same out at interest or land security and should pay the dividends interest and proceeds of one share thereof unto his brother Robert Thomas Caldwell during his life, of another share thereof unto his brother William Caldwell during his life, of another share thereof unto his sister Agnes Kirkwood [my mother] wife of William Kirkwood during her life, another share thereof unto his sister Susannah Humble, wife of Mark Humble during her life, another share thereof unto his sister Margaret Gibson, wife of Alexander Gibson during her life and after the decease of each of his five last mentioned brothers and sisters he have an bequeathed one sixth part or share of his said personal estate to the respective issue of said brother or sister so dying equally to be divided if more than one, share and share alike and in case any of his said last mentioned brothers or sisters should happen to depart this life leaving no issue of his, her or their bodies or respective bodys living at the time or respective times of his, her or their decease he then ordered and directed the sixth part or share of his said personal estate to be from time to time divided and go in the same manner as is therein directed of and concerning the other shares thereof as the said last will and testament to which special reference is hereby had in itself more fully bears and further considering that I am the only child of the said Agnes Kirkwood alias Caldwell and William Kirkwood who is now dead and that in the event of my surviving the said Agnes Kirkwood alias Cochran my mother I have right under the said will to one sixth share of the personal estate of my said Uncle and to my proportion of the share or shares of those of the said legatees who may happen to die without issue, and now seeing that John Boyle of Cubeside has made payment to me of a certain form of money in consideration of my granting these present in the terms after written of which I hereby acknowledge the receipt renouncing all exceptions to the contrary. Therefore I have made, constituted and appointed as I hereby make, constitute and appoint the said John Boyle, his heirs, and [executors, donators?] to be my lawful [assigners?] and assignees in and to one sixth part in share of the personal estate of the said deceased James Caldwell my uncle and to my proportion of the share in shares of such of the legatees before mentioned as may happen to die without issue and to which I have now right by virtue of the said last will and testament as the only child of the said Agnes Kirkwood alias Caldwell in case I survive her in and to the interest of the sums hereby assigned from the respective periods the same shall become due and in time coming till payment together with the said last will and testament itself and whole clauses therein contained in so far as the same relate or can be extended to the sum or sums principal and interest above mentioned with power to the said John Boyle in his aforesaid to call, sue for and uplift, receive and discharge the sums of money above assigned and generally to do every other thing concerning the premises that I might have done myself before granting hereof excepting and reserving always from these presents an assignation dated the twenty sixth day of July eighteen hundred year [26th July 1800] executed by me in favor of Patrick Cochran, father of the said deceased Robert Cochran, my husband and by which I assigned to him the sum of One hundred pounds [£100]sterling of principal part of the sums above mentioned falling tome in virtue of the said last will and testament which assignation above written I will and under said exception and reservation bind and oblige me, my heirs and successors to warrant to the said John Boyle and his aforesaid from all facts and deeds done, or to be done by me or them in prejudice hereof consenting to the registration hereof in the Books of Council and Sessions others competent therein to remain for preservation and if need be that all execution necessary may pass upon a Decree to be interposed hereto in form as effect and constitute “Prors[?]” for that purpose In witness whereof these presents written upon this and the two preceeding pages of stamped pages by Hugh Love, Apprentice to Robert Spicer, Writer of Beith, are subscribed by me at Cubeside the Twenty ninth day of September Eighteen hundred and eight [29th Sept 1808] years before these witnesses, James Patrick, farmer in Ward and David Boyle, Weaver in Baidlandwell of Dalry [signed] Jean Kirkwood, James Patrick witness. David Boyle witness.
Beith 13th October 1812
A True Copy
Attestor
264.18.5 Beith 13th November 1812
Received by me John Boyle, residing at Garton lodge from James Caldwell Esquire of Linley Wood by the hands of Robert Spicer, Writer, Beith the sum of two hundred and sixty four pounds eighteen shillings and five pence stg being the deceased Agnes Caldwell her proportion of the estate and effects of the late James Caldwell of Manchester, her brother German in her own right and in the right of Mrs Humble her sister per state rendered. To which sum I hold an assignation from Agnes Kirkwood, only child of the said deceased Agnes Caldwell hereby obliging myself and the said Agnes Kirkwood to execute and deliver in favor of the said James Caldwell Esq and further receipt a discharge which may be necessary.
Robert Spier, witness
Mrs Henning, witness.
John Boyle.
Robert Spier NP.
I, John Kerr of Auchintibber in the Parish of Kilwinning Considering that the deceased James Caldwell by his last Will and Testament dated – executed after the English form did order and direct the whole of his personal estate subject to the Annuities therein mentioned to be divided into six equal parts or shares and gave and bequeathed one sixth part or share thereof unto his brother John Caldwell, his executors administrators and assigns and the remaining five shares thereof to his trustees therein named their executors or administrators upon trust that said trustees or the survivor of them or the executors or administrators of such survivor should invest the same in the public funds or place the same out at interest on land security and should pay the dividends interest and proceeds of one share thereof unto his brother Thomas Caldwell during his life of another share thereof to his brother William Caldwell during his life of another share thereof unto his sister Agnes Kirkwood alias Caldwell the wife of William Kirkwood during her life another share thereof unto his sister Susannah Humble alias Caldwell wife of Mark Humble during her life another share thereof to his sister Margaret Gibson alias Caldwell wife of Alexander Gibson during her life and after the decease of each of his five last mentioned brothers and sisters he gave and bequeathed one sixth part or share of his personal estate to the respective issue of such brother or sister so dying to be equally divided if more than one share and share alike and in case any of his said last mentioned brothers or sisters should happen to depart this life leaving no issue of his her or their body or respective bodys living at the time or respective times of his her or their decease he then ordered and directed the sixth part or share of his said personal estate to be from time to time divided and go in the same manner as therein directed of and concerning the other shares thereof And further Considering that Jean Kirkwood, only child of the said Agnes Kirkwood alias Caldwell and William Kirkwood [who is now dead] by her assignation dated the twenty sixth day of July eighteen hundred for the causes therein specified made, constituted and appointed Patrick Cochran, father of Robert Cochran in Beith her deceased husband his heirs and [donaters?] her lawful assigniers and assignees in and to the sum of one hundred pounds Sterling of principal part of the said sum falling to her by virtue of the above last will and testament as the only child of the said Agnes Kirkwood, her mother in case she should survive her to be paid to the said Patrick Cochran and his foresaids out of the last first and readiest, thereof and in and to the annual rent of the said sum of one hundred pounds Sterling from the time the same should become due until payment and in and to the said last will and testament itself and whole clauses therein contained so far as the same relates to the sums thereby assigned with power to the said Patrick Cochran and his foresaids to call sue for uplift and receive the sums thereby assigned and farther Considering that the said Patrick Cochran by his[Translation?] dated the tenth day of June Eighteen hundred and three for the causes therein specified transferred conveyed and made over to and in favor of me the said John – Kerr my heirs executors and assignees the foresaid sum of One hundred pounds Sterling and interest to become due thereon from and after the decease of the said Agnes Caldwell or Kirkwood in terms of the said last will and testament together with the said last will and testament itself in so far as concerns the same and the foresaid assignation by the said Agnes Kirkwood alias Cochran in favor of the said Patrick Cochran whole tenor and contents thereof and all that made followed and might follow thereon as the said last will and testament assignation and translation in themselves more fully bear And now seeing that John Boyle of Cubeside in the Parish of Dalry has made payment tome of the sum of fifty pounds Sterling in consideration of my granting these presents in the terms after written of which sum I hereby acknowledge the receipt renouncing all exceptions in the contrary Therefore I the said John Kerr have assigned transferred and made over as and do hereby assign transfer and make over to and in favor of the said John Boyle his heirs successors or assignees the foresaid sum of one hundred pounds Sterling and interest to become due thereon after the decease of the said Agnes Caldwell or Kirkwood in terms of said Last Will and Testament under the said Settlement itself in so far as the same relate or can be extended to the above sum and interest to become due thereon and in and to the foresaid assignations by the said Agnes Kirkwood alias Cochran in favor of the said Peter Cochran and translation by him to me whole tenor and contents of the same and all that has followed or may follow thereon turning and transferring the whole premises from me and my aforesaids in favor of the said John Boyle and his foresaids whom I hereby Surrogate and Substitute in my full right and place of the premises with power to him and them to ask have and uplift the sums of money above assigned and upon payment to grant discharges or conveyances thereof in whole or in part and generally to do every other thing concerning the premises which I could have done before granting hereof which translation before written and Bind and oblige me and my foresaids to warrant to the said John Boyle and his foresaids from all facts and deeds done or to be done by me or them in prejudice hereof and having herewith delivered up to the said John Boyle the assignation and translation before narrated to be kept and used by him and his foresaids as their own proper writs and evidents in some coming and [work in crease] to the Registration hereof in the Books of Council and Sessions or others Competent therein to Remain for preservation and if need be that all execution necessary may pass on a Decree to be interposed hereto inform as affairs and Constitute [lines drawn on page?] Proof for that purpose In witness whereof these presents written upon this and the two preceeding pages of Stamped paper by Frances Richmond, Clerk to Robert Spier [while?] in Beith are Subscribed by me at Beith the twenty third day of June Eighteen hundred and nine [23rd June 1809] years Before these witnesses the said Robert Spier and Frances Richmond assigned John Kerr Robert Spier witness Frances Richmond witness
Beith 13th October 1812
A true copy
Attestor
Robert Spier NP
Notorial Copy
Translation John Kerr to John Boyle.1809
Mr Caldwell
Mr Sparrow
Articles
20th February 1777
[45 - 1822]
ARTICLES of Agreement made concluded and fully agreed upon the twentieth day of February in the seventeenth year of the reign of our sovereign Lord George the third by the Grace of God of Great Britain, France and Ireland King Defender of the faith and so forth and in the year of our Lord one thousand seven hundred and seventy seven Between John Sparrow of Newcastle under Lyme in the County of Stafford Gentleman one of the Attorneys of his Majesty’s Court of Common Pleas at Westminster and one of the Solicitors of his Majesty’s High Court of Chancery of the one part and James Caldwell the elder of Nantwich in the County of Chester Linen Draper and James Caldwell the younger son of the said James Caldwell the elder of the other part.
And first the said John Sparrow in consideration of the Sum of three hundred and fifteen pounds of lawful money of Great Britain to him in hand well and truly paid by the said James Caldwell the elder at or before the Sealing and Delivery of these Presents the Receipt whereof the said John Sparrow doth hereby acknowledge and thereof and of every part thereof doth acquit release and discharge the said James Caldwell the elder his heirs executors and administrators and every of them for ever by these presents, He the said John Sparrow doth for himself his heirs, executors and administrators covenant promise and agree to and with the said James Caldwell the elder his executors administrators and assigns by these presents That he the said John Sparrow shall and will take into his Service and retain the said James Caldwell the younger as his Clerk for the full term of five years to be computed from the Day of the Date of these presents, And shall and will teach and instruct the said James Caldwell the younger in the profession of an Attorney and Sollicitor in the best manner that he can And shall and will at the end of the said Term use his Endeavours to get the said James Caldwell the younger admitted an Attorney of some or one of the Court of Chancery And also shall and will find and provide for the said James Caldwell the younger during the said Term good and sufficient meat drink and lodging of the said Term of five years that the Executors or Administrators of the said John Sparrow shall and will at their own costs and charges cause the said James Caldwell the younger to be assigned to some other practicing Attorney of one of the said Courts at Westminster and a Sollicitor of the said Court of Chancery for and during the then residue of the said Term And the said James Caldwell the elder for himself his heirs executors and administrators doth covenant promise and agree to and with the said John Sparrow his executors administrators and assigns by these presents That the said James Caldwell the younger shall and will during the said Term of five years well and faithfully serve the said John Sparrow as his Clerk And that he the said James Caldwell the elder shall and will be answerable and accountable to the said John Sparrow for all and every sum and sums of money books deeds and writings that the said James Caldwell the younger shall receive or be intrusted with on account of the said John Sparrow during the said Term and shall and will find and provide for the said James Caldwell the younger during the said Term sufficient wearing apparel and all other necessaries [meat drink and lodging only excepted] In witness whereof the said Parties to these Presents have hereunto set their hands and Seals the day and year first within written.
Sealed and delivered in the presence of
J Sparrow
Thomas Myddelton
[red wax seals John Sparrow, James Caldwell, James Caldwell Junior.]
Received the day and year first within written of and from the within named James Caldwell the elder the sum of three hundred and fifteen pounds in full for the consideration Money within mentioned to be by him paid to me. £315
Signed in the presence of
Joseph Gibson
Thomas Myddleton
John Sparrow.
No.5 21st March 1777
12 dy pd Fifteen Pounds £15
£15.15
Paid H.Alleyns
Staffordshire.
Lent Assizes, March 26, 1806
Calendar of the Prisoners
For Felony and Misdemeanors
In the Gaol for the said County
William Phillips Inge Esq. Sheriff
Convicted Prisoners
Jane Soulby – Convicted Lent Assizes 1805,
Joyce Taye – Convicted Midsummer Sessions 1805
James Hollins – Convicted Summer Assizes 1805
Edward Oliver – Convicted Summer Assizes 1805
John Hassall – Convicted Michaelmas Sessions 1805
Thamas Martin – Convicted Epiphany Sessions 1806
Remain to be Transported according to their respective Sentences.
John Bartlay – Acquitted Lend Assizes 1805, on account of Insanity, ordered to remain in Gaol until his Majesty’s pleasure respecting him be known.
Francis Paddy – Convicted Epiphany Sessions 1805
Mary Bratt – Convicted Lent Assizes 1805
Letitia Aston – Convicted Lend Assizes 1805
William Bennitt – Convicted Midsummer Sessions 1805
Frances Bird – Convicted Midsummer Sessions 1805
Edward Priest – Convicted Summer Assizes 1805
Bagnal Beech - Convicted Summer Assizes 1805
James Whitehouse - Convicted Summer Assizes 1805
ElizabethPinches - Convicted Summer Assizes 1805
Edward Lea – Convicted Michaelmas Sessions 1805
John Jones - Convicted Michaelmas Sessions 1805
William Wagstaff - Convicted Michaelmas Sessions 1805
Benjamin Cartwright – Convicted Epiphany Sessions 1806
George Heaton - Convicted Epiphany Sessions 1806
Thomas Cotterill - Convicted Epiphany Sessions 1806
William Hamlett - Convicted Epiphany Sessions 1806
Sarah Handley - Convicted Epiphany Sessions 1806
Catherine Betts - Convicted Epiphany Sessions 1806
Remain at Hard Labour according to their respective Sentences
J.W. Caldwell
[Page 2]
Prisoners for Trial
[Page 3]
[handwritten below] NoBill21.Charlotte Groves, Mary Groves – for stealing 3pd of stockings the property of Smith.
T:B: 22 James Pascoe – Assault William Mason,Wolverhampton.
Morgan Press,Stafford
No.9 Prosecutor had sworn positively before the Magistrate to the identity of the Prisoner, Before the Grand Jury, would not swear positively, but said he believed the prisoner to be the man.
Judge seemed to find the Bill.
Penelope Edwards, Edward Foley – Sold Prisoner and ounce or two, cannot tell which, of white Arsonick.
Adams Hubert of the [defendant, deceased?] Prisoner acted as a Servant, [and Governess?] a year. Potatoes found [harper?] All sick, Penelope sick also.
The Bill against Penelope Edwards having been returned to the Judge at his lodgings who was then alone and the [complaint?] requiring two persons would to be found,Mr [Bacon Sutton after the [heat?] had - - and the case of this informality and that on consulting with M J. Larimer[?] the [Menl?] put beg &c novo but that he would send over the Evidence to the Witnesses as he had taken it for their conformation with L-ts for the Counsel for the Prisoner to ask any questions.
Sir George Littleton Bart.
Sir James Wootherly Bart
Geroge Chetwyn
Edward Blount
George Blount
Dyatt
Clifford
John Lane
Edward Groves
Phineas Huttes [Hussey?]
Mr Bainbridge
Moreton Walhouse
James Eld
Watler Wh
Const D Eves
George Moliner
Talk Fire and Explosion – List of payments made
19th March 1783
List of Payments made to the Sufferers by the Fire and Explosion of Gunpowder at Talk on the Hill in the County of Stafford at a Meeting of the Trustess held at the Roebuck in the County of Stafford on Saturday the 19th day of March 1785
Present
William Swinnerton Esq.
Charles Tollett Esq.
Rev. Mr. Fernyhough
Mr Matthew Lowe.
A Dividend of Ten Shillings in the Pound
To
Jesse Smith – 15/0/0
Charles Bate – 5/0/0
Charles Hatton – 1/3/7½
Samuel Boughey – 0/7/7
John Froden – 2/-/-
Charles Blundart – 15/0/0
John Jones -0/10/-
Amy Basford – 0/5/8 ½
Charles Salmon – 1/13/6
Richard Whittal – 1/17/4
Hannah Chadwick – 0/6/-
Jonathan Buckley – 0/17/3
- 44/1/
Brought Forward 44/1/0
John Zigler – 1/17/9
W. Colclough – 0/10/6
Mary Hollins – 5/3/0
Mary Lea – 1/11/0
Elizabeth Smith – 15/0/0
John Forrest – 15/0/0
John Lowe – 4/1/6
To Mr John Shaw by Draft on Stevenson at 1 Month 129/0/0
March 27th
To William Rhodes Draft on Stevenson 48/18/7
To Ditto Stevensons Part Note Bill and Cash for Elizabeth Rhodes 15/0/0
James Caldwell Esq.
Recorder of Newcastle under Lyme
Approbation
George R [signature]
George the third by the Grace of God of the United Kingdom of Great Britain and Ireland, King Defender of the Faith &c. To all to whom these Presents shall come, Greeting: Whereas the Mayor, Sheriffs and Capital Burgesses of Our Borough of Newcastle under Lyme, or the major part thereof, have by an Instrument under their Common Seal bearing date the Twenty-second day of April 1801, humbly certified unto Us, that they have unanimously elected and chosen James Caldwell of Linley Wood in the County of Stafford Esquire to be Recorder of the said Borough in the room and stead of George Embury Tollet Esquire the late Recorder thereof who hath resigned, and have besought Us to approve their said Election; We being well satisfied of the Loyalty, Integrity and Abilities of the said James Caldwell have thought fit to condescend to their request; And We do by these Presents according to the Power and Authority reserved unto Us by their Charter, for Us, Our Heirs and Successors approve and confirm him the said James Caldwell to be Recorder of Our said Borough of Newcastle under Lyme Given at Our Court at Saint James’s the Twenty-second day of June 1802 in the Forty-second year of Our Reign. By His Majesty’s Command
Pelham
George the Third, by the Grace of GOD King of Great Britain, France and Ireland, Defender of the Faith, and so forth, to our well beloved James Caldwell of Newcastle under Lyme in our County of Stafford Gentleman, Greeting Know ye that we very much confiding in your Fidelity, Industry and provident Circumspection, Have assigned, and by these Presents do assign you the aforesaid James Caldwell our Commissioner to take Affidavits within our several Counties of Stafford, Derby, Chester, Warwick and Salop our Cities of Litchfield, Coventry and Chester and Counties of the said Cities and do by these Presents give and grant unto you full Power and Authority to take and receive within our said Counties all and singular such Oath and Oaths in Writing as any Person or Persons are willing and desirous to take before you in or concerning any Cause Matter, or Thing depending or any way concerning any Process in our Court of Common Pleas according to the Form and Effect of a certain Act of Parliament of King Charles the Second, late King of England, held by Prorogation at Westminster, the Fifteenth Day of February, in the Twenty-ninth Year of his Reign, INTITULED, “And Act for taking of Affidavits in the Country, to be made Use of in the Courts of King’s-Bench, Common-Pleas and Exchequer, made and provided;” To have, enjoy and exercise the said Office of our Commissioner as aforesaid, and the Power and Authority aforesaid, as long as it shall please us. Witness Alexander Lord Loughborough the Twenty sixth day of April in the Twenty Second year of our Reign.
By Warrant of the Chief Justice
Randall.
22 April 1782
Kings Bench
It Happening unto this Court that James Caldwell of Newcastle under Lyme in the County of Stafford Gentleman is duly qualified to act as an Attorney of his Majesty’s Court of Kings Bench and he having this day taken in an open Court the Oaths appointed to be taken instead of the Oathes of Allegiance and Supremacy and also taken and subscribed the Oath as appointed to be taken by Attorney by an Act of Parliament made in the Second year of his late Majesty’s Reign entitled ‘An Act for the Better regulation of Attorneys and Solicitors’ this Court doth hereby appoint him the said James Caldwell as an Attorney of His Majesty’s said Court of Kings bench and direct his admission to be enrolled by the proper officer as an Attorney of the said Court pursuant to the directions of the said Act dated this Twenty second day of April in the year of our Lord One Thousand seven hundred and eighty two
By the Court
Sworn in open Court of our lord the King before the King himself at Westminster the Twenty Second day of April in the Twenty Second year of the Reign of King George the Third.
Inrolled the same Day
Edward Benton
Possibly a copy of letter to James Caldwell – 1821 from John Tomlinson, Cliffeville, near Newcastle, looks a bit like JC’s handwriting.
to
James Caldwell
Linley Wood Esq.
From
Cliffville, Tuesday Morning
6 March 1821
My Dear Sir,
Understanding from Mr Jones that you would return from Wolseley Bridge this morning, but being indispensably necessary that I should see you without delay, I shall send this letter to the Roe Buck in the hope that it may be delivered to you as you pass by and probably induce you to take that opportunity of coming to Cliff-ville.
I remain
My Dear Sir
Very faithfully and truly ours
J Tomlinson.
Letter from JC to John Tomlinson, Cliffeville,Newcastle.
Linleywood, 10th March 1821
My Dear Sir
It has occurred to me, on second thoughts, that it may perhaps be better to defer saying anything to Mr Jones about the [Grime? Given?] till we see what effect is produced by the Drafts which you have been so good as to prepare.
I forget whether you have joined Charles and John Lawton in the Covenants that the Lands included in the Indemnity shall remain upon the Trusts &c. and for further assurances &c. Perhaps this would be well, as it would be [abar?] to any claim to be set up by them or their Heirs, to the prejudice of the Indemnity, in case the Lands, included in it, should by the death of Mr Lawton descend to and become vested in them.
Believe me
My dear Sir
Most truly yours,
James Caldwell
Letter written by James Caldwell.
Linley Wood, 16th March 1821
My Dear Sir
From the enclosed letter which I received last night, I conclude that you have not yet sent the Draft to Mr Jones, nor had any communication with him upon the subject and I therefore feel unwilling to give him any reply till I hear from you.
I mentioned to Mr Charles Lawton that the Application to Parliament would not be made till the next Sessions, and that some further Deed would in the meantime be necessary but without entering into any Particulars, or saying anything of the concealed Document.
Whether Jones has had any communications with Mr John Lawton I know not, but I plainly see that the matter must not be suffered to rest till it is put upon some satisfactory footing or other.
It has occurred to me, whether the business might not be facilitated if a conference were in the first place to take place between you and Mr Jones in case the consequences to himself as well as the other Parties of the private Agreement having been withheld from a bonafide purchaser and [‘this having been thereby prevented purchasing his Title perfected by Act of Parliament’ crossed out] conformably to the [comment?] on the deeds [‘entered into on the purchase might be’ crossed out] were [seriously?] represented to him. [letter continues all draft with many changes, unreadible]
Letter to James Caldwell Esq, Linley Wood, from J Tomlinson, Cliffeville, 16 March 1821
My Dear Sir,
The Draft of the Deed of further Trust and Indemnity was sent by the Coach to Mr Jones on Tuesday morning. I have created it with him, as a matter of course, and till something betrays itself to the contrary, it will be better for us to go on in that track. In any case we must wait a communication from Mr Jones which as soon as I receive, shall be transmitted to you, and I will use every exertion to get the business thro to your wishes. I received a Print of the Alsager Inclosure Act last night from Mr [Aicheson, Alcheron?], and forwarded it to Newcastle this morning to go by one of the coaches to Linley Wood. I have directed your servant to enquire for it.
I hardly know what to say about a [Time, fine, Tins?] in respect to the Indemnity. Mr Lawton having purchased and being seized in fee simple of those premises there is no apparent ground on the face of the Title for any such assurance and it would rather point at some consciousness of a defect which we had better not evince. A time Sur [‘Concefort’?] in confirmation of the Recovery is another thing and might be a cautionary expedient; but agreeable to your subsequent directions I did not suggest it to Mr Jones on sending him the Drafts. No doubt I shall soon hear from him and then we shall be better able to decide on these matters.
Remaining
My dear Sir,
Your very faithfully and truly.
J Tomlinson.
Letter to James Caldwell received 18th March 1821 from Jones.
To James Caldwell
Linley Wood
NearLawton
Sandbach, 17th March 1821
Dear Sir,
Not hearing from you according to promise I had concluded that you possibly have directed Mr Tomlinson to take an Opinion on the Validity of the Agreement for resolving the Lawton [Est?] and which might have been obtained in as to have still sent up the Politician in time if it proved no obstacle. That however I suppose was not the case.
Yesterday I received a Parcel from Mr Tomlinson containing a Draft of a Deed for extending the Trusts of Rents [Etc?] so as to become a general Indemnity to you as [a propopos?] but as appears confusedly for the purpose of protecting against the claims of [6?] Issues than the unborn [issue rents?] Rents of Mr Lawton which I concur the children of Mr Lawton are intended.
Supposing the Agreement to be valid (and which I have every reason to believe [Mr Charles?]Lawtonwill not allow) your safety calls for such a [insurance?] if nothing is intended to be [drawn?] in confirmation of your conveyance.
My object in writing to you a few days ago was to learn whether anything on which had passed between you, Mr Lawton on any of this since. I had the pleasure of seeing and which impression you may have as to the Agreement which I can have no interest in bringing forward but I feel that I did my duty to all parties in naming this subject rather than suffer the risk of its coming out when not expected.
As it will be necessary that I should write to Mr Charles Lawton and his MV for [illegible] I [wrote?] the DV [illegible] I wish to learn from you for my agreement, for as it was a [settled? - ]Londonon this business why is it such – to be so will require some explanation to his parties.
I remain dear Sir,
Your very –
J Jones.
Letter to James Caldwell, Linley Wood, near Lawton from Tomlinson
Cliff ville, 15th Nov 1830
My dear Sir,
On looking into the papers of the Manor of Audley preparatory to the Court on Wednesday, I find the Plan which you delivered to me shewing the boundaries of your Freehold and Copyhold Lands, and my Minutes to have the same valued on the Court Rolls. I have therefore sketched out a Presentment, which I mean to bring before the [Homall?] on Wednesday; and I send the same for your inspection and hope it will be sufficient for the intended purpose and remaining,
My dear Sir,
Very faithfully yours,
J Tomlinson.
Tho the Homage[?] further present that a new Turnpike Road, or branch has been lately made thro certain Copyhold lands at [blank] which this Manor, belonging to James Stamford Caldwell Esq, by which certain parts of the said Copyhold Lands have been separated from the other, having such portions thereof as lie on the [hold in letter] of the [?] new Road in such small parcels, as to be inconvenient for their separated occupations.
They also present, that with the Leave of the Lord of the Manor the said James Caldwell has taken up and removed the fences of the said small portions of Copyhold Land on the north side thereof and laid the same open to the adjoining Freehold Land, but has put down Mear[?] stones denoting the boundaries of the said Copyhold Lands, and hath also brought to the Courts a Map shewing the said Freehold and Copyhold Lands and the boundaries thereof respectively, in order that the same may be deposited, and go with the Court Rolls of the Manor.
Letter to Mrs Caldwell
Porter Brewery [?]
Scotland Road
Liverpool
Linley Wood, 6th December 1812
I was indeed my beloved Eliza beginning to think it long since I had heard from you and to feel something like anxiety and impatience when your letter arrived yesterday; and though I could not but experience disappointment at finding your return still so uncertain, yet the fare possibility of our dear Mary eventually deriving benefit from the delay left me nothing to regret though it does not, I confess, lead me much to indulge in hope. Let us, however, in any case derive consolation and satisfaction from the circumstance of having had it in our power to obtain every human aid, and that nothing will have been left untried to which has attached the smallest probability of benefit or success. I need not, I am sure, repeat my entreaty that however sensibly I feel this long separation, yet that you will on no account think of stirring from Eton, a single hour before you have the most complete assurance, that the journey cannot by possibility affect the result of the Operation, to which, it seems more than ever important, to give every chance. We are still going on here as well as we can do without you; nor can any thing exceed the sweet and constant attentions and endeavours of your dear and amiable girls to administer to my happiness and comfort. But we really keep the thing up. I returned from Wolseley Bridge after three days hard fag, late to dinner on Wednesday, when I found Mr Butt, who had arrived the day before, and who did not leave us till yesterday. He resumed much pleased with my solicitations that he would prolong his stay, and gratified with what at his departure he called the kindness and hospitality of Linley Wood. He observed to me one day after dinner how much he had been struck with Emma, who it seems had been unawares led beyond her usual length in conversation in the morning, and had greatly surprised and pleased him by the extent and accuracy of her knowledge, and the propriety and good sense of her observations. She is indeed a very sweet young woman; and happy will be the man, whoever or whatever he may be, who gets her for a companion through life. But why should I speak of one? Where each is equally good, and equally worthy of our love and approbation? What my ever dear and beloved wife, when I look up to you not only as the mother but the Instructress of such children, what indeed do I [not?] once to you, and what can ever adequately express the gratitude, the affection, the respect and the esteem with which I regard you? Griglietti continues to give us all the greatest satisfaction, and her Pupils will I hope appear to you to have made great improvement. She is herself an excellent singer and great power, taste and judgment delights me with the music of Mozarte in which I think she particularly excels. She says she sings with real pleasure to me, because she discovers that I am no pretender, but a true lover of the concord of sweet sounds. You will be surprised to hear, that after all I did not go to Trentham. Understanding that some of the K—g’s [was, word under red wax seal] to be more I [‘thought’ crossed out] did not like, under the late circumstances to be of the party, and therefore sent an Apology. I do not think Lord G—‘s invitation was meant to extend to you, and that I mistook it as there were no families there on the day. They are now all gone, and I suppose will not return at Christmas. Your sister went yesterday to Nantwich, where, as I must myself unavoidably go this week on account of Mr Penlington’s affairs, I should have been glad to have accompanied her; but this from other engagements, could not be. Tomorrow I must if possible go to Burslem; and I fear toNewcastleTuesday, so that it will be Wednesday before I can get to Nantwich. I must, if it can be done, return the same day. The Turnivals are arrived at Stoneyfields, and as Miss Greghietti goes to leave tomorrow I think Eliza and one of the girls may accompany her toNewcastleand call upon the J’s. They must of course make an appointment for their visit to Linley Wood. Ainsi sa le Monde; mais l’amour et l’amitie ne compensent tout. Pray when did I write french to you before? It is true it is a varied mode of expression, but it is still the same unchanging dictate of a grateful and impassioned heart . Pray present all our kindest remembrances to the family atEton. I have said nothing about my health, as the subject does not press: for I really am upon the whole much better. Farewell, Best and no less tenderly than justly beloved woman, reserve in one word everything that is most affectionate from your dear daughters. Say every thing that is most tender and kind to our ever dear Mary and think of me ever as the most grateful and attached of husbands.
Js Caldwell
Copy of letter written and sent to Mr Thomas Ainsworth of Bolton, the 17th December 1792
[Lieut Harrison ofChorley]
Mr Ainsworth,
Sir,
I must beg leave to offer you my sentiments respecting the business Mr H-d-a was here upon, on Saturday last, for which I hope your excuse. It strikes me that every association ought to aim at the preservation of Peace, good order and universal good neighbourhood, and your association appears to be expressly for 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 judgement 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 characters of informers (a name detested by all respectable characters of any Party) is what must give the most disagreeable sensation to any man of sensibility. Also instead of conciliating differences in opinion; to proceed to any kind of individual prosecutions, is I think only tending to inflame: and in the present instance in my mind wholly unnecessary. There are few men but have particular political opinions, which it is impossible (nay, in some measure unjust) to deprive them off, 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 tenor of the gentleman’s actions and known character both public and private) is generally believed would in my 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 m—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 we would never have the least idea, (and I absolutely think him incapable) of doing anything that he thought might affect 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 whatever 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.
CH
Copy of a Declaration given to Mr Caldwell of Newcastle under-lym by Leit Harrison of Chorley, February 5th 1793.
“On the first of December last Abraham Crompton Junior Esq. 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 Ashurst’s 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 Comrpton 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 here interrupted by the Mistress of the Coffee Room opening the door, and some other Gentlemen coming in, nothing more was said; but Mr Crompton afterwards declared to Mr Harrison that he 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 expressive on the part of Mr Crompton of anything personal or disrespectful to his present Majesty, or as conveying, or meant to convey that 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 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 the discharge of his Office, and in enforcing the execution of and active submission to theLaws.
The letter, a copy of which is subjoined, and which was written by me on the 17th 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.
Signed
L H.
Heath-Caldwell All rights reserved.
Michael Heath-Caldwell M.Arch
Brisbane, Queensland
ph: 0412-78-70-74
alt: m_heath_caldwell@hotmail.com