Letter – Nicholas Walton to William Corbett – 23 Nov 1744

Document Type: Letter
Date: 23 Nov 1744
Correspondent: Nicholas Walton
Recipient: William Corbett
Archive Source: TNA ADM 66 108
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To Willm. Corbett Esq.            			Ravensworth Castle  Novem. 23rd 1744


      Mr Anesley of Hexham has sent us a State of some Claims he has upon the Derwentwater Estate, which he has desired us to Transmitt to you & accordingly we send you his case herein. In regards to the Tyths of Dinnetley we have allways understood it pays no Tyth & have been Inform’d when Mr Aynsley was the farmer he paid no Tyth to Mr Benjamin Carr altho’ he setts forth now that he did pay Tyth.  We wrote to the Board on this head the 27th January 1735/6 & in answer thereto they were pleased to take notice of the Observations we then made & that they did not doubt of our Care therein at a proper time and in pursuance of what then appeared to us we thought proper to stop any Payment of Tyths to Mr Anesley when his Term in Dinnettley Farm Expired.  We were then of Opinion that Mr Anesley had no right to Tyth of Dinnettley and we are still of the same opinion yett if he can shew a good Title we think the Hospital should give the Dispute up rather than have a Dispute in Law.  In regard to his other Claimes we are Strangers to it but believe he held the Courts he mentions and if it appears that he was not paid for that Service it would seem reasonable he should be paid according to the Agreement that was made with him.  Upon the Commission for examining Witnesses in regard to the Ovingham Estate we believe he has made an ample discovery, but how far that intitles him to the Boards countenance we beg leave to submit to their consideration & we are

      Sir your most hble Servts

      N. Walton & H Boag

To the Hon’ble, the Commiss’rs and Governors of the Royall Hospitall at Greenwich

The Case of Mr John Aynsley

1st   That the said John Aynesley for thirty-five years together was Concerned for the family at Dilston as their Attorney in the management of all the said Family’s Business at Law and continued to be so Concerned till the Death of the late James Earl of Derwentwater and after his decease for his son John Radcliffe Esqr. till his Death.

2nd    That the late Sir Wm. Fenwick of Wallington being the owner of the Corne Tyths yearly arising within the Township of Ellrington and the Demesne Land there [underlined: ‘(of wch Township the Tenem’t called Dinnettley then belonging to the Dilston Family was Parcell)’ -see Marginal note 1 below] he the said Sir Willm. Fenwick 11th Nov. 1661 did Grant and Convey those Tyths to Mr Ben. Carr and his heirs for ever.  That the said Ben. Carr under that grant enjoyed the same Tyths to the time of his Death which happened in Octob. 1708 and whenever any Corne was upon Dinettley Tenem’t [underlined: ‘The Farmers thereof paid the Tyth thereof to the said Mr Carr.’–see Marginal note 2] Though in some years no Corne was Sown thereupon.

[Marginal note 1:] This is false for Dinnettley is not part of Elrington & this Clause is an invention of J. Aynsley’s

[Marginal note 2:] The Farmer never pd. Tyth to Mr Carr.  This Modus has been pd. him out of mind

3rd        That the said Ben. Carr before his Death made his will & thereby amongst other things devised these Corn Tyths to Mr. Jno. Carr & Mr Jno. Heron and their Heirs in trust to sell the same for the payment of his Debt & Legacys etc.

4     That in August 1709 these Trustees sold those Tyths to Mr John Watson and his Heirs who entred & enjoyed the same

[Marginal note 3:] The Tyth was purchased in the name of Watson in Trust for Jno. Leadbitter a Papist

5   That in September 1715 those Trustees sold those Tyths to the said Aynsley & by Deeds & Fine thereupon Levyed did grant and Convey to him the said Corne Tyths yearly arising in Ellrington & Dinnettley [double underlined: ‘(by Express names)’ –see Marginal note 4]  by virtue whereof he Entered and Enjoyed the Same.

[Marginal note 4:] See Copy of Letter of 22nd Feb’ry 1744/45 to Mr Radley.

6    That the said John Aynsley for Severall years before Ben. Carr’s Death farmed the said Tenem’t Called Dinnettly under the Dilston Family and also after Carr’s Death when John Watson became the owner of those Tyths & till Watson sold the same to the said Jno. Aynsley in the year 1715 [underlined: ‘the said Jno. Aynsley of his Farmer paid yearly the Tyth of all Corne growing upon that Tenem’t to the then Owner for the time being’ – see Marginal note 5]

[Marginal note 5:] This false as Mr Jno. Heron the trustee of B. Carr says as also Mattw. Leadbitter Brother of Jno. Leadbitter for whom Mr Watson was trustee in Elrington Tyth.  They declare Anesley wd. not let his Sub Ten’ts of Dinnetley pay any Tyth 

7     That after the said Jno. Aynsley had purchased those Tyths his Tenant or Farmer of Dinnettly paid a yearly Rent for that Tyth distinct from the Rent payable for the Tenem’t to him the said Jno. Aynsley to the time of the Death of the sd. Jno. Radcliffe (to wit) 10s yearly at Some times 40s yearly at others.

8    That the said Jno. Aynsley last lease of Dinnetly farm from the late James Earl of Derwentwater was for Twenty one years & Expired at Mayday 1736 when the Persons Employed under the Com’rs of the sd Hospital discharged the Farmer of the Tenem’t (as soon as the Tenem’t became forfeit by the sd Earls attainder) from paying Tyth for the Same to the said Jno. Aynsley but for what reason he knows not

[Marginal note 6:] He could not be a Farmer so many yrs of Dinnetley but he must know of the Modus paid in lieu of the Corn Tyth there when he or his Ten’t at Dinnetley paid it yearly

9     That as the yearly value of that Tyth is now not more than 40s he humbly Conceives it would be a great Hardship upon him to Compell him to go to Law with the King for the Same wch he sho’d be very unwilling to doe.

10     That the sd Jno. Aynsley by virtue of a <Deputa> under the hand & Seal of Sir Robt. Walpole, now Earl of Oxford Wm. Clayton Esqr & Wm. Young Esqr & Dated the thirteenth of Nov 1733 was appointed Steward for holding of the Severall Courts within the Manners of Whittingstall Newlands Langley and Wark all in the County of Northumberland and late the Estate of the sd James late Earl of Derwentwater which sd several Courts he held for two years & was for that Service promised a yearly Sallary of £40 but never had or rece’d any Satisfaction for holding thereof * (See Margin) 

[Marginal note:] * 11th That he likewise held these Courts and the Courts of the manor of Alston Keswick and Castlerigg in the County of Cumberland for the said late Jno. Radcliffe Esqr for 2 years before his Death and never rece’d any Salary or other satisfaction for holding thereof

Therefore the sd Jno. Aynsley humbly prays your Hon’rs to take all the <prem[ises]> into your Consideration And that you will act & do therein what shall Seam Just & Equitable to yr Hon’rs.

      Jo: Aynsley
Several points in Ainsley’s case have been annotated with rebuttals given in the margin

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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