Letter – Nicholas Walton to Thomas Simpson – 8 Jun 1759

To Mr Thos. Simpson                       				Ravensworth Castle   June 8th  1759



Sir

      We reced. your favour of the 19th May last in due course & observe its Contents.  The Tenants of Alston Moor have never had any written Licence to inclose, from us, the common practice has been, when a Tenant wanted to inclose, first to have the consent of the neighbouring Tenants, & then to ask us leave, which we have verbally granted only, and when such inclosure was Compleated the Moor Master surveyed the quantity which they paid for at threepence per Acre.  And this we believe has been the practice for may years, before we had any concern in the management.  We have none of the Counter parts of the original Leases from Hylton, the Title Deeds being in the Hands of the Directors at Greenwich, but we have a Copy of a Case which was stated by you with  D Ryders opinion in the Dispute with R Rutter who pulled down some inclosures & threatened to do more in which Case is set forth the purport of the Alston Moor Leases which we think is properly put,& seems to be a parallel case with the matter in hand, but there is something you observe new Viz: [rest of sentence is underlined] that the right of Common appurtenant to their Customary Estates extinguished upon their accepting Leases.  

You will therefore be pleased to make a new state of this Case and send it to us that we may take the Boards direction, as something must be done to put a stop to the outrages of a set of impudent Tenants  We have a letter from Jona. Hylton [in margin: A Copy on the other side] wrote at the insistence of Rd. Harrison , & setting forth the inconveniences that will happen if some steps are not taken immediately to accommodate this difference, to which we have given for answer that no Action will be immediately commenced, but that we wait the Attorney Generals opinion & will then proceed.  Since that Mr Boag has seen Richd. Harrison who seems humbled a good deal & sues for peace; but notwithstanding this you will forward the case and in the meantime be considering whether this matter now in dispute cannot some way be accommodated so that the Tenants may enjoy what they have inclosed, pay the Rents & Fines to us & inclose no more.  We will be glad to hear from you & are

      Yours etc

      N. Walton H. Boag