Letter – Nicholas Walton to Richard Horne – 22 Apr 1757

To Richard Horne Esq                                      	Ravensworth Castle   April 22nd  1757



Sir	

      We have been applied to by the Inhabitants of Alston Moor and Acquainted by them, that a Distress is Intended to be made for a Poor Rate, which they say is due from the Lead Mines; & they are advised to make the Distress upon the dues of Lead Ore belonging to the Hospital.  You will be pleased to acquaint the Board of this Intention & lay before them the Inclosed Copy of an Opinion, the Parishioners of Alston have given us by which they will observe the Duty Ore is there stated to be reserved [underlined up to ‘Deductions’] free and Clear of all Charges and Deductions, which is the fact, and we say for the Hospital that this Reservation Charges the Poor Sess upon the Lessee.  The Quakers Company’s Agent has Applied to us & thinks they are not by these words Chargeable, Alledging as is Stated in the Case the Meaning of the Words are no more than to Clear them from the Expence of Working & Washing But whether that be the meaning or not, we Apprehend they are Chargeable as Occupiers, the Quakers Agent has wrote to the Company, & we are told some of them will wait upon the Board of Directors in order to have the matter Settled and as we have Prevailed upon the Parishioners of Alston Moor to make no Distress till they hear from us, We desire the Board will be pleased to give us their Commands as Soon as they can.  We find the Quakers Company have given their Agent Directions to <Reply> in Case any Distress is made on their Property and we hope it will be Settled that they Protect the Duty Ore according to the Reservation, as we are Satisfied the Duty Ore never has been Charged or ever payed Poor Sess; and that it was the Intention by this Reservation that the Lessor should be free of it & all Charges Whatsoever.   Inclosed you have an Advertisement for Sale of the Duty Ore raised from Mich’s. last to Mich’s. next which if the Board have no Objection, we think should be Inserted in the Papers immediately, in order that we may in time prepare for Smelting in Case they Cannot be Sold to Advantage, you will Observe we have altered the Advertizement from the Common method, as we think they will probably Sell better in parcels, than all together, but that the Board will Judge of and alter as they think proper.  We are

      Sir Yours etc

      Nichos. Walton    Hugh Boag





Case

      The Commissioners of Greenwich Hospital are Lords of the manor of Alstonmoor, within the Parishes of Alston & Garrigill in Cumberland and as Such are intitled to very Considerable Lead Mines within the said Parishes, which they have Let to a company of Mine Adventurers, and to Several others upon Leases under a General reserved full fifth Part Free and Clear of all Charges and Deductions of all & every the Lead Ore and Minerals from time to time won and Gotten by the Lessees, out of the said Mines which Fifth Part of the Lords is washed weighed off and Set apart by the Lessees, in their working of the Said Mines for the Lords use.

      By the Workings of the Said Mines, great proffits arise to the Lords but a great many Strangers, are necessarily employed in & about the said Mines, many of whom gain Settlements in the said Parishes, and they & their Families frequently become Chargeable by reason whereof the Parishioners are burthened with a large Poor Rate which is daily Increasing.

      The Lords and Lessees have often been Applied to, by the Inhabitants of both the said Parishes to raise & Pay part of the said Poor rate (as the Increase of the Poor is intirely on account of so many Strangers being employed in the said mines) but hitherto have not been able to get any Satisfactory Answer from either the Lords or Lessees they shuffling it off from one to the other upon every Application.

      You observe that by the words of the Lease [underlined up to ‘Deductions’] One full fifth Part of all the Lead Ore and Minerals got & Won out of the said Mines is reserved to the Lessors (clear of all Charges & Deductions) by which word the Lessors in Case the Mines should be Charged to the Poor Rate Claim an Exemption but the signification of those words are Apprehended to be no more than to Clear them from the Expenses of Working & Washing, and not from any Taxes that the said Mines may at any Time be liable to pay.

      Whether the Lead Ore & Minerals won & Got out of the said Mines are Rateable to the Poor within the said Parishes of Alston & Garrigill, if yea, in What manner are they to be rated, should an Assessment be made on the Lessors Fifth Part or on the Lessees, or on the whole before the Lessors part is Sett out and Divided and Whose name must be inserted in the Assessment the Lessors or Lessees As none of them live within the Parish but some of their Stewards and Agents do, If you are of Opinion that the Said Mines are liable to Pay Poor Cess how must they be Asses’d must the Produce of every Mines be rated Distinct from One another, and in Case of Refusal of Payment Distresses be made Accordingly or must the Assessment be General upon all the Mines within the said Parishes and in Case of refusal of Payment Distress to be made upon any one Mine at the Discretion of the Parish Officers or how otherwise, And what other manner would you Advise the Parishioners to Proceed for Recovery thereof.

      I am of Opinion that Lead Mines & Minerals as well as Coal Mines & other real Estates in the Parish may be rated to the Poor by Virtue of the 43 Eliz. C2 and that either the Proprietors or Lessees of such Mines are rateable According to the real Value thereof.  But as these Mines as I observe by the Case, are Lett by the Govn’s. & Directors to so many sevl. Different Persons, whose Names it may be impossible for the Parish Officers to find out, & that the same are not let at any certain yearly Rents in Money, but at a fifth or other duty of the Ore, So that it would be very Difficult if not impossible to come at the Knowledge of the Real Value of each Lease or Tack besides the rating of every such Lessee or under Tenant might give them Settlements in the said Parish to the great increase of the Poor Rates there, So I should think it much the most Adviseable to make the Taxation upon the Governors according to the value of the whole Mines they Enjoy in each Parish & as none of the Governors reside within the Parish but keep Stewards & Agents to manage their Affairs there I am of Opinion demands upon their Agents will be Sufficient to Warrt’. Distresses for nonpayment of such Rates.

      I shall not undertake to Determine any thing Concerning the Disputes between the Commissioners & their Lessees whether the Reserving one full Fifth Part of the Ore [underlined up to ‘Deductions’] Clear of all Charges & Deductions will Exempt the Governors from the Poor Rates or only Clear them from all expenses of Working & Getting the Ore but leave that Point to be adjusted between themselves as not in my Opinion at all material to the present Question.

      Great Care and Regularity should be observed in making of this Assessment I shall therefore Advise the following rates to be observed therein; Let the Rate be made at a Public Vestry of the parish (not According to the antient Purvey rate used in many Places in the County) but by an equal Pound rate through the whole Parish & let the same be signed by the Church Wardens and Overseers of the Poor and other Principal Inhabitants there met and afterwards get it duly allow’d by two Justices of the Peace, and let the Governors be rated rather within the value than otherwise to prevent any occasion of Complaint or Appeal on that Account; the Assessment need not name all the Governors by name but let it be only in Gener’l upon the [underlined up to ‘Greenwich’] Commissioners or Governors & Directors of the Royal Hospital for Seamen at Greenwich for their Lead Mines in the said Parish this being the name as I take it of their Incorporation.       Tho’ I am of Opinion Distresses may be made of the Produce of Ore of these Mines whilst upon the Premises in whose hands soever the same may be found Yet I think it will be much better as the Assessments will be made upon the Governors to make such Distresses upon their Share of the Ore after Divided from that belonging to the Lessees.

      And. Huddleston

      10th March 1757