Letter – Nicholas Walton to William Radley – 24 Nov 1738

Document Type: Letter
Date: 24 Nov 1738
Correspondent: Nicholas Walton
Recipient: William Radley
Archive Source: TNA ADM 66 106
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      Ravensworth Castle Nov. 24. 1738

To Mr Wm Radley, Attorney at Law



Sir

	We Reced. yours of the 18 Inst & in answer thereto we find Mr Wood made application to us before he gave answer to the Citation at the Court of Durham, & we also find we gave him reason to hope the Hospitall would Support him in it, nay we find a Petition was laid before the board by Mr Wood before we were appointed Receivers.

	Upon Mr Woods application to us we laid the Affair before the Board & acquainted them from time to time with the proceedings as farr as we knew, and after they had made many Enquirys into the same; approved of the Countenance we had given Mr Wood. After Mr Airey was deputed Court keeper, he was advised with upon it, who advised it would be proper to remove the Suit into the Ecclesiastical Court of York, in case Mr Wood was defeated at Durham, which happening to be our case, the same was laid before the Board, who directed that the Suit shoud be removed according as Mr Airey advised. These Facts will appear from our Letters and the Boards Minutes, from which we apprehend , and always understood it was intendedthat the Hospitall should bear the whole Expence of this Suit, for had it not been from the Intention of Supporting the Hospitals right, Mr Wood most certainly would have Compounded it. We are Surprized a prohibition has not been obtained, as Dr Brathwait of York who knew the practice well is positive in his opinion, that it might have been obtained Easily.

	Mr Elstobs Estate lyes near Malton in Yorkshire, but we cannot be informed of the name of it, or exactly where it lyes, but we suppose the Sherrif will have no difficulty in finding of it; if it is necessary we will readily make further Enquiry.

	Our Speaking or Writing to Milburne Fothers relating the disturbance given to James Dodds the Tennant of Highgreen Colliery, will be of no Consequence, for we have repeatedly done it, & have actually turn’d them of Work by force, yet they have begun again, & will not regard any thing of that kind; therefore it is highly necessary for you to write to them in as Sharp Terms as you can. It should be a joynt Letter Directed to Wm Milburne at Highgreen in Ridsdale Northumberland & you may send it to us if you please as we shall take Care to forw’d it.

	We should be glad to hear something of the Tennants Leases, as the want of the, makes the Tennants& us very uneasie & we are

      Dr Sir Your most Obd. Sers.

      Walton & Boag

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