Letter – Nicholas Walton to William Corbett – 18 Sep 1736

Document Type: Letter
Date: 18 Sep 1736
Correspondent: Nicholas Walton
Recipient: William Corbett
Archive Source: TNA ADM 66 105
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To William Corbett Esqr

      Ravensworth Castle  Septmr 18th 1736


	Inclosed you will Receive the Severall proposalls made to us last Thursday and this day, & next Fridays Post Shall be Sent you the Thursdays proposals preceeding and an Abstract of the whole to that time, & what other proposals we receive afterwards Shall be Sent you every Post.

	Mr King has Sent us a State of the Customs in the Manour of Castlerig  Darwentwater and Thornthwait; by which it appears that he is of Opinion no Courts can be held till there is a new Act of Parliament, We therefore Send you it Inclosed as it is certainly necessary to be under the Consideration of the Board.

	Inclosed is a Letter of Parson Jefferson of Cockermouth.  Complaining of our having Discharged Wm Miles from paying him any Money for Wood Sold him off an Estate in the Mannor of Thornthwaite.  This Discharge was given by us when at Keswick in January last as appears by our Letter of the 21st of that Month to which we Begg Leave to refer & are Sr Yor most Obedt Servts

      Nichos Walton	Hugh Boag

Mr Jno Kings Accot of the Customs of Castleridge & Thornthwaite Mannors in Cumberland                                                                 

A Description of the Customs & Mannors of Castleridge Derwentwater and Thornthwaite

in the County of Cumberland.  And Case of the Tennants there.


      That there hath usually been two Courts Leet held Annually and so many Court Barones the Steward for the time being hath thought fitt to call for the Intrest of the Lord & benifitt of the Tennts.

	That on all Arbitrary Estates there is a fine due to the Lord called a Twenty penny fine that is if the Rent be twenty Shillings the Fine will be Twenty Pounds & so in proportion or Else two years Value.

	That in Case a Tennt Mortgages his Estate by the Custom of the Mannor they pay Such fine in hand as the Lord or his Steward thinks proper to Accept.  And the Mortgagee Enters into Bond to pay the Remainder if the Mortgagor Suffers the time to Lapse which was formerly Seven years but now but five years time allowed to pay in their principall on Mortgages.

	That Great Inconveniences have Accrued to the Tennants for want of Courts holden for the above Mannors.  Severall Tennts have had Occasion to Alienate their Lands to Raise money to Carry on their Respective Trades, but for Want of more frequent Courts could not make Sufficient Tittles whereby the Tennants have lost their Opportunitys in their Trades & the Lord his Mortgage or Alienation Fine.

	That in Case a Tennt dies his Heir under age and that Heir before admittance Dies and his heir presents himself in Such Case there is but one Fine paid due to the Lord.  Whereas in a Steward regularly appointed and an admitting Lord in whose Name Tennts might be admitted the Steward in Such Case may call a Court on the Death of any Tennt and admit his Heir & by that means Save a Fine to the Lord.

	That the Indenture or fine certain Tennant pay only a four penny fine at the Death of Lord or Tennt that’s four times the Value of the Lords Rent So that Supose a Customary fine Certain Tennt pays a Noble Lords Rent his Fine will be one pound Six Shillings & Eight pence and they pretend that by their Indenture they are not Obledged to pay any Fine without a Sight of their Ld.  Although I have Inquired of one or two who have Seen that Indenture and been informed and well Assured there is no Such Covenant in it.  I have pray’d a Sight of it but the Tennants in whose Custody it is refuses to let me See it.  The Arbitrary Tennants can claim no priviledge under that Indenture a Counter part of which no doubt was in the Custody of the late Earl or his Steward.

	That the Consequence of not having an admitting Lord will prove fatall to many of the Tennants.  No Lords Rent having been paid for five years and many of the Tennts having but Small Estates and high Rented will never be able to pay their Rents and Fines without ruining themselves and their familys unless Courts are held and their Rents & fines called for which Cannot be done till they have an admitting Lord

Mr Jno King to Messrs Walton & Boag

      Keswick  Sber 13th 1736


	Above you have a Description of the Customs of these Mannors which is all I could Learn in this Short Space of time.  I would have wrote Sooner but waited in hopes I could obtain a Sight of the Indentures mentioned on the otherside   I hope it will prove Satisfactory and that at the meeting of the Parliamt this affaire will be Settled  I hope wee Shall See you Soon here to receive the Land Rents, & Shall be glad to be preadvised of your Coming and will take care to be in the way, if any thing further is required Shall readily Obey your Commands                       & am Gentn Yor most obledged Servt

                                                                                Jo King

my respects Wait on Mr Thompson & Ld Robt 

Mr Pearson desires his Service

Mr Thomas Jefferson to Messrs Walton & Boag

      Cockermouth 7th Septemr1736

Worthy Sirs                                                                 

	Being Informed that Ye are oncerned as Undertakers or Trustees of the forefeited Estates belonging to the late Earle of Derwentwater, and as Such, have given a Discharge to one Wm Miles as Clogger in Keswick from paying me any money upon a bargain that he made with me for Some Birks & Ellors that I Sold him and as a Tennt of the Mannor of Thornthwait I had a right to Sell, I am therefore much Concerned that Ye Should give, a Discharge to the Said Wm Miles against the Known Customs of the Mannor of Thormthwait for the Tennt have always Claim’d a right and property of cutting down Birks & Ellors and such underwood for the Better Improving of their Ground, and disposing of it as they Please:  This was an Approved Custom in the Late Earle of Derwentwaters time and has been Allowed by the Said Earle, and the Tennants hope to have as good Usage from the King and Government (in whose hands the said Lands now are in) as they had from a Roman Catholick Lord  The Cutting down of Birks & Ellors and Such underwood for the Better Improvemt of Tennts Right Land has been Allowed & is Customillry in all or most parts of England Especially where So deep rents and fines are paid.  If the Tennts be debarred of their Privilidge, We designe to make an Application in a Body for Redress of Such grievences & Mr Stevenson, my Nephew a Member of Parliament will forward our Application;  But I <rather> Could Wish that you would be pleased to write to the Said Miles to performe his Bargaine of Paying me for the Said Birks & Ellors, upon which there will be no further Complaint  Your Pleasure Intimated to me to me herein with much oblidge Worthy Sirs

                                                                     Your most Obedient & Humle Servt

                                                                                  Tho Jefferson

We the Tennants in the Mannor of Thornthwaite Living in Cockermouth, in the County of Cumberland doe hereby Testify that the Cutting down of Birks & Ellors and Such Little Underwood, has been Customary for the Tennts so to doe without any Interruption or Molestation from the Lord of the Sd Mannor or from the Trustees, Stewards or Bayliffs therein Concerned, as Witness our hands 7th September 1736

            Tho Jefferson   Minister of Cockermouth

      Hugh Tolson

      Geo Birkett

Post Script to W & Bs Letter to Wm Corbett Esq of the 18 Septemr 1736

We have reced yours of the 16 Inst & the Minutes of the 15 & Observe the diffce in the Rental wch we explain as followeth Vizt that there is an advance of £820 in the Lead Mines & we find we are mistaken £100 in deducting that Sum of £820 from the Totall Advance, so that the advance of the Lands is £1266-1-11/2d

                                         The 19th Septemr 1736                  Walton & Boag

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The Dukesfield Smelters and Carriers Project aimed to celebrate and discover the heritage of the Dukesfield Arches & lead carriers' routes between Blaydon and the lead mines of Allendale and Weardale. A two year community project, it was led by the Friends of the North Pennines in partnership with Hexhamshire and Slaley Parish Councils and the active support of Allendale Estates. It was funded by the Heritage Lottery Fund and the generous support of other sponsors. Friends of the North Pennines: Charity No:1137467