Letter – Nicholas Walton to Richard Horne – 1 Nov 1754

To Rich’d Horne Esqr.                                     	Ravensworth Castle Nov 1st  1754



Sir  

      At the Court held at Wark the 17th & 18th of October last, Mr Allgood attended and his Agent having refused the Payment of the Rent of a penny per Annum payable out of Shittlington, it was thought proper to know of Mr Allgood what he meant by refusing payment.  In answer he says there is nothing due out of Shittlington to the Derwentwater Estate.  That Shittlington is a Manor, in respect of which he Claims what he calls Shittlington Common Boundering thereupon, which we say is parcell of the Manor of Wark, known by the name of Ellingham Rigg .  Mr Allgood has Wrought a Colliery within Shittlington Inclosed Lands, and up on the Common near the Bounder Hedge, has at times within these three years last past Wrought some small quantities of Coals, & has within that time endeavoured to take up Waifs & Estrays.  We likewise very lately Road a Boundary, but was discharged from doing so in the names of the Commissioners of the Hospital & in the presence of Several of the Principal Freeholders who have a right of Herbage on the disputed ground.  In regard to the working of the Colliery on this Common we have to Observe that the Freeholders within the Manor of Wark claim a right of Working Coals upon the Commons for their own uses, and in the time of the late Derwentwater family & Since, they have done so in some parts where the Colliery was of very little Value; And Mr Allgoods Working we apprehend was under that Custom and till very lately did not know he claimed it on any other footing.  He says he will convince the Board of his Right to this Common, as Parcel of his Manor of Shittlington & that he was ready to shew his Title thereto, but on desiring he would do so in order that the same might be laid before the Board he absolutely refused, and said he would State his own Case to the Board.  What we have to Observe is,that tho’ Shittlington may have been conveyed as a Manor yet without it has been as Such enjoyed, Mr Allgood will have a difficulty in making out a right to the Common in Dispute, which we think we will be able to make out, has ever been Reputed as parcel of the Manor of Wark & known by the name of Ellingham Rigg.  We have collected Som evidence, to the Working the Colliery by Licence from the Derwentwater Family, within the Disputed Grounds & if that can be clearly proved, it will follow that it is Parcel of Ellingham Rigg, upon which we have had a Continued Working of Quarries, ever since we have been concerned.  Mr Stewart will attend upon the Spot and take the Evidence in Writing which shall be very soon Sent you for the Boards consideration.  In the mean time we beg leave to Observe that tho’ this disputed Ground appears to us to be of very little Value, yet it should not be given up, as it may be a Leading Card to Something of Consequence in this Manor to the prejudice of the Hospital.  & we are Sir

      Yours etc    Walton & Boag