Letter – Nicholas Walton to William Corbett – 30 Jul 1736

Document Type: Letter
Date: 30 Jul 1736
Correspondent: Nicholas Walton
Recipient: William Corbett
Archive Source: TNA ADM 66 105
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To Wm Corbett Esqr 

Sr                                                                                   Ravensworth Castle  July 30th 1736

	Mr Lumsden of Morpeth, to whom we lett the Corn Tyths of Hartb. Rectory, acquaints us that Mr Aynesley of Hexham gives him trouble in the enjoymt of those Tyths, & claims a right to hold them for this year.

	Inclosed you will receive Coppys of two Letters from Mr Aynesley to Mr Lumsden, wherein he Says he had a Lease in writing Signed, for one year endg at Mayday last, by which he held those Tyths, but alledges that the Act of Parliamt requiring Six Months notice to be given in the London Gazette before the expiration of his Term gives him a right to hold Over as no notice of Letting was given Six Months before last Mayday.

	Mr Grays opinion of the 19 March Last which you have by you is clear, that Mr Aynesley has no right to claim as no notice was necessary in an agreement wch he himself acknowledges to be expressly for one year only, and therefore by his holding out after the expiration of his Terme, makes him lyable to the penalty in the Act made the 4th year of his present Majesty C:28.

	We have in Justification of the rights of the Hospitall & of Mr Lumsden the present Tennant, given orders to publish next Sunday at the Parish Church of Hartburn, the right Mr Lumsden has, & that Such Persons as refuse the paymt of Tyth to him Shall be prosecuted as the Law directs, & Mr Aynesley is also wrote to , and discharged in the name of the Directors from giving any further disturbance.  You have a Coppy of the Letter to him & also the notice to be given at Hartburn wch we hope the Directors will approve of.

	Mr Aynesleys behaviour in this Affair is very extraordinary & little consists with his pretended Zeal for the Hospitalls Interest, had those Tyths been let at the former Rent, he might have had some roome for a pretence, but when the most improved yearly Rent is gott, the Intention of the Act, seems to be fulfilled, & that he should so bare facedly Say the Directors have no right to doe, what they have in this Case apparently done for the Hospitalls Interest, is a very extraordinary thing.  The Directors will Judge of this usage & the inconvenience it lays us under in the eye of the world, for if what we by their directions, transact for the benefitt of the Hospitall, be thus Suffered to be inconvenienced, by a Contentious Man, all the world that knows it will dispute our authority even in the most trivially Cases.  We beg therefore to have their pleasure therein as Soon as possible, for should what we have done have so little weight with Mr Aynesley, as not to Stop his proceedgs it will be a great Loss to Mr Lumsden their Tennt & Consequently to the Hospitall as he will expect to be Justifyed in the peaceable enjoymt of his Farme.

	Next Sunday will be proclaimed at Ovingham, Bywell & Corbridge the Sale of the Crop of Corn of Matthew Readhead at Whittles, wch is to be Sold to the best bidder for the use of the Hospitall on Wednesday following.    we are Sr Yors etc  

      Nichos Walton		Hugh Boag

A Copy of John Aynesley Esqrs Letter to Mr Lumsden dated 26th July 1736


	I am not a little Surprized to hear you have taken upon you to Call the Letting of the Corn Tyths of Hartburn Rectory.  You knew I was Farmer thereof last year & for that reason I did think you nor any other friend I had woud have meddled with taking My Farme, before by Law, my Lease was expired which I have in writing Signed for one year ending at Mayday last

	And by a Clause in the Act of Parliamt whereby these Tyths with other Estates were given to Greenwich Hospitall & whereby the Trustees were impowered to lett Leases for twenty one years,  It is enabled that these Commissioners should give Six Months notice in the London Gazette of the time & place of letting these Estates Six Months before the expiration of the term for which such Estates were lett.

	Now if Six Months notice were not given in the Gazette before last Mayday for the letting of these Tyths then I am Sure by that Act I must Hold these tyths one year longer.  I desire nothing but Justice in this case and I am determined I will not loose my right; & that I will apply to Collonel Liddell & also to the Directors to have my Term in these Tythes and therefore doe advise you not to meddle in the letting any Tyths, till I ask you that favour, I believe there is a Gentleman behind the Curtain that puts you upon this unfair thing,  Its what I little deserved from him, I have always used him as a friend, I desire I may be heard by Collonel Liddell before you meddle   I am    Yor Hble Servt

                                                                               Jo: Aynesley

A Copy of another Letter of the same Date


	In Case you persist in going forward with the notice given, to meet you at North Middleton on Thursday next to let the Corn Tyths of Hartburn; I have ordered My Servt to make proclamation; that I have a right to hold these Tyths this year, and that whoever takes from you takes from a Person who hath no right to let the Same; and that I will lett the same and indemnyfie any person who shall take from me

Hexham July 26: 1736                                       I am Sr    Yos Jo Aynesley

Notice to be given at Hartburn Church for the letting the Tyths of Hartburn Rectory on Sunday the 1st of August 1736.  Mr Edwd Lumsden being Tennant thereof

This is to give notice to all whom it may or Shall Concern that Mr Edwd Lumsden of Morpeth is the present Tennant of & that no other Person has a Right to the Tyths of the Rectory of Hartburn, he having taken the same of the present Receivers Messrs Walton & Boag who had an authority from the Directors of Greenwich Hospitall to lett the same,  And they the said Messrs Walton & Boag do hereby give notice to all Persons that whoever refuses the payment of the Said Tyths to the sd Mr Lumsden, or pays or Contracts to pay to any other Person or Persons he or they Shall be prosecuted with the utmost Severity as the Law directs, he the sd Mr Lumsden and no other person having a right to Collect the same for the year 1736

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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