quented for Traffic, and are meet to be continued for the same. That Hartylpool is much decayed, and that the pier ought to be repaired. That there has been a Custom House at Hartylpool, but none within Whitbye, but a house which the Customers use for that purpose. That the other of the Creeks are little frequented or haunted with traffic of Merchants or Merchandize. That the Customers of Newcastle have had deputies at Hartylpool and Whitbye who have taken entries inward and outward since the ten years previous to the first year of Elizabeth.' In addition to the above extracts, Mr. Tomlins adds,— "The certificate negatives there being any other place where wares and merchandize can be transported beyond seas, saving at the said Ports and Creeks above mentioned, and that there were no warehouses to prevent the queen being defrauded of her customs.'

"So far the return the only notice that is taken of Sunderland, directly or incidently, appears in what I have above extracted or noted, from which you will collect that Sunderland was a Creek with others little frequented or haunted with Traffic or Merchandize."

At the date of the commission of Elizabeth, and down to about the year 1645, in the reign of King Charles the first, when Messrs. John Pewtenger and Robert Adamson were the principal officers of the king's customs at Sunderland, all dues arising from customs at Sunderland, Stockton, or Blyth, or accruing from the conservatorship of the rivers Wear, Tees, and Blyth were received by the officers of the bishop of Durham, as count palatine, and accounted for to him at his exchequer, Durham.

BRUS.

Hartlepool, although within the bishoprick, was at different periods under the civil jurisdiction of the family of Brus, the bishop, and the crown. It was incorporated by queen Elizabeth; but it remains unknown when the crown became possessed of its customs. It is evident they were in the possession of king Edward VI., from the words of the

return :

"That the Customers of Newcastle have had deputies at Hartylpool and Whitbye, who have taken entries inward and outward since the ten years previous to the first year of Elizabeth."

Sunderland has subsequently been accounted a member or "creek" of the port of Newcastle-upon-Tyne. In a commission returned into the Exchequer, in Michaelmas term, 28 Charles II., 1676, we have the following descriptions of its lawful keys (legal quays or wharfs for shipping and landing goods chargeable with duties), viz. "the Custom-House Key measures one hundred and fiftysix feet in length, and forty feet in breadth, bounded by the Custom-House on the south-south-east, by the haven on the north-north-west, by the house occupied by one Adam Nicholson [see pp. 117, 125, 126, 127], on the west-south-west, and by the sea on the east-north-east.Thomas Huntley's Key, which measures forty-five feet in length, and thirty-five in breadth, bounded by the town of Sunderland towards the south-east, by the haven on the north-west, by John Taylor's house on the southwest, and by the house occupied by Robert Pease on the

At a Bylaw of the freemen held June 10, 1700, John Taylor was elected a stallinger in the place of William Scarbrough who was then newly elected a freeman.-Freemen's Election Book. See also p. 119 of this work.

north-east." The custom house quay is a part of the premises (formerly held by the priory of Finchale) purchased about the year 1664 by Walter Ettrick, Esq., (collector of Customs,) under a lease from the Dean and Chapter of Durham to William Belasyse, Esq. (second son of Sir William Belasyse, Knt. the first and only mayor of Sunderland under bishop Morton's charter), which premises were again leased by that body to Mr. Ettrick, by indenture dated 21st July, 1694, and described as "All that close or waste ground, house, walls, keys, wharfs and buildings thereupon, standing and being in or near Sunderland, containing in length, 50 yards from the Coney Warren on the east to a parcel of ground reputed formerly to belong to Sir John Hedworth since built on and then in the possession of Thomas Smith on the west, the High Street on the south, to the low water mark of the river Wear on the north. To hold from the making for 40 years, at the yearly rent of one shilling, payable as therein is mentioned." Walter Ettrick, Esq., built on part of this leasehold, a key or wharf, contiguous to the river and to the west end of the close, and purchased of Phillis Nicholson, Stephen Harland and others several small parcels of waste ground contiguous to the west end of the said close; the whole of which, for a valuable consideration, in September, 1692, he conveyed to his son, Mr. Anthony Ettrick, the latter premises being described as "several pieces of waste ground, boundered on the east from the High Street to the river with the Dean and Chapter's close, on the west from the High Street to the river with a house of Stephen Harland in the possession of Thomas Smith, and a close of Robert Portus, and a house of Adam Nicholson." On the 8th and

9th March, 13 Anne, 1714, by lease and release, for the sum of £112 17s. 6d., Mr. William Ettrick sold to Mr. Michael Hardcastle, a portion of the last named premises, comprising "All that new erected messuage, burgage, or tenement, with the appurtenances, in the High Street at Sunderland, with the yard or backside thereunto belonging, and lying contiguous to the north side thereof, boundering on the east with the west wall of a close called the Dean and Chapter's close, on the west with a messuage in the possession of Thomas Smith and land between the messuage and Smith's messuage, on the north with the wall of a brewhouse in the possession of Mrs. Lawson, and on the south with the High Street of Sunderland. With liberty for the plaintiff to erect any superstructure and building against or upon the west wall of the said Dean and Chapter's close, but not to make any light or window on or in the east side of the superstructure. And also right liberty and privilege to the plaintiff, his heirs and assigns, and all persons and their families inhabiting there to have way-leave and passage at pleasure to and from the plaintiff's messuage, in by through and along the lane between the west end of the plaintiff's messuage and the east end of Smith's messuage, and leading from the High Street to the Low Street. Together with all ways hereditaments and appurtenances, and the reversions, remainders, rents and profits thereof. To hold to him and his heirs, with covenants, that he was seized in fee, and had good right to convey." This conveyance gave rise to a suit about the year 1726, in which Michael Hardcastle was plaintiff, and William Ettrick and the Dean and Chapter of Durham were defendants; into which we enter no further than to present to our readers

such parts of the depositions in the case as tend to define the bounds, and establish the extent and size of the Dean and Chapter's property :

Mr. Anthony Ettrick deposes-" that from his youth he hath known the ground whereon the plaintiff's house is built, which then lay waste, and was reputed to be freehold and to belong to his father deceased. That about 1695, an house was built on the ground, which the plaintiff after his purchase pulled down and rebuilt the same. That he knows the Dean and Chapter's house [close] in Sunderland, which hath always been computed to be 50 yards in length, and hath heard his father speak often of a survey made by Dean Comber [Thomas Comber, D.D., Dean of Durham, 1691-1699] of the said close after the Revolution, about 1690 or 91, and that the said close was inclosed with walls on the east west and south parts by his said father, but he residing then at London cannot say it of his own knowledge. That about 10 years ago, the plaintiff's house being built some years before, some of the freemen of Sunderland having given some disturbance to the Dean and Chapter, by insinuating that the close called the Dean and Chapter's was not theirs, the registrar gave notice by letter that some members would come and view the same, and the said close was viewed by Sir Geo. Wheeler [rector of Houghton, 1709-1723,] and Dr. Bowes [rector of Bishopwearmouth, 1715-1721] and most of the freemen, and their pretensions debated, and the said Drs. declared that what they were possessed of they took to be their right, and were satisfied with what they had, and should endeavour to preserve and defend it. That his father were possessed of several parcels of waste ground, contiguous to the