Letter – Nicholas Walton to William Radley – 27 Jun 1736

To Mr Radley at Greenwick



Sr                                                                                  Ravensworth Castle  June 27th 1736

	Your favour of the Eight of this Inst brought us a Coppy of the Grant of Hartburn Tyths & observe that you are of Opinion Mr Moore will prevaile agt Mr Wood unless he can Shew how it comes that this Farm is exempted from the payment of Vicarial Tyths, which he cannot doe as it is not exempted by the Grant.  It may be discharged from the payment of these Tyths by some Deed that cannot become at, & it is indeed verry likely that the promoter of the Suit may know it.

	As to the proceedings in this Cause & where depending it is now and was commented in the Ecclesiastical Court at Durham a Libell was given in by Mr Moore & Mr Wood gave in his answer to the same, confessing with Sevll things mentioned in the Libell that are in their nature Tythable Mr Moore hath accepted the answer & is proceeding to Sentence without producing any other evidence & the Cause will inevitably go against Mr Wood if nothing can be procured to shew the exemption

	In the Libell given by Mr Moore he alledges that by Lease bearing date etc between the Parson of Hartburn & himself he is farmer of the Tyths of Hartburn parish.  Mr Wood in his answer does not confess Mr Moore to be the farmer etc, but says that he referrs to the Lease when the same shall be produced at Court wch has not yett been done, therefore it is Supposed he had no Lease.  It is the Custom of the Court of Durham to answer directly & therefore Mr Woods Proctor was manded to answer for him more fully & to declare whether he did or did not believe Mr Moore to be Farmer of the Tyths aforesd & accordingly an answer was given by one Mr Wrangham who therein sd that he beleived Mr Moore to be farmer.  This answer was not upon Oath.

	Now Tyths not being due to Mr Moore of Comon right but as Lessee of the Vicar & this being the only Article upon wch his right is founded, it was in cumbent upon him fully to have proved the same which not being done, Mr Wood having deny’d his being Lessee & the answer of his Procter we apprehend not being Legal, it does not appear that Mr Moore has any right at all this objection will not doe in the Court of Durham because the practice has been to answer as above.  therefore if they proceed to Sentence it will goe in Mr Moores favour.

	We have acquainted Mr John Airey wth this Affair who desires removing it to the Arch Bishops Court at York, he has it now under his Consideration, & we shall be glad of your thoughts upon it, & are    Sr Yours etc

      Walton & Boag