Letter – Robert Stoddart – 7 Jun 1721

To the Honorable Commissioners for Sale of the Fo[rfeited] Estates

The following Memoriall most humbly Sheweth



       That Your Memorialist After due advising and Deliberation  thought it very improper to signe Bonds of Arbitration with respect to Jeffrey’s Grove and at present as well as for the future entirely Declines to Concerne himself to assert any rights whatsoever which this Board’s in honour oblidged to Maintain; However, If he had signed such Bonds rashly under a Mistaken notion of peace, they should have been of none Effect, since an Award Could not be made before the first of Aprill and Consequently what ever Judgment such Referrees had Given must have been Ineffectuall. 

       It is Nevertheless in the power of this Honourable Board to prolong such Bonds If the like or better were to be had, or Else to demand Tribble [treble?] Damages and recover them too, by Virtue of the Act Appointing this Honourable Commission upon Information what Damages or Wast[e]s have been done or comitted to or Upon any of the forfeited Estates belonging to the publick, and as such, vested in this Board, without any [of] the formalityes of Tedious Law Suits or otherwise.

       Your Memorialist therefore humbly hopes that having bought all Mr Foster’s Estate & Interest &c also All Demands and priviledges the publick since the Forfeiture thereof Could have thereunto, That this Honourable Board will be Assiduous and without any reserve in the Obtaining what he presumes is or should be his right, and satisfaction to the utmost farthing for Damages, which to all Indifferent Spectators are Esteem’d Equally Villainous as Great.

       Your Memorialist as <conjunct> Agent with Mr Maughan to this Honourable Board in the Dirrection of the Lead Mines, late Mr Fosters, has not, as he conceives, been any way as deficient in the Just management of and Information from time to time concerning these Affaires. And Therefore Humbly Hopes and Expects that he will be reimbursed his Charges in repairing those ruined works and also have satisfaction for Attendance and trouble, If a Multitude of Memorialls, Briefs, Journeys, Loss of time and Cash are to be regarded as anything: Meanwhile as in the Capacity of a purchaser he begs Leave to say its an unaccountable hardship and he thinks unfair even to be supposed to be Lyable to pay Interest for money unpaid which at any time was, is and shall be ready, as has often been told to persons Concerned in the Office, purely because the purchaser upon good advise Justly,  Imagines he Can’t or won’t have a Tittle made him from this Honourable Board Agreeable to his Contract.

       That to <Evince> the Equitableness of this Assertion Your Purchaser humbly begs Leave to say the Dilatory Proceedings of his Board with relation to Mr <…> [ma]king his report Concerning the B: B: pretentions & Title and also the Indulgent leniency Shown to Every of the Bishops Agents in Contradiction to Your purchaser as is sufficiently hinted in a memoriall of the Second of December last Gives him too Just umbrages of Beleiving that a worse Temper and Treatment would show itself with relation to his present business in hand if all the purchase money was paid then appeased at his offering to buy the Estates of my late L[or]d Widdrington & the late Viscount Bollingbrook.

       You Memorialist humbly begs Leave (overlooking what is before suggested) further to Inform this hon[oura]ble Board, that altho’ the performance or non performance of his Contract can’t personally hurt him as a purchaser yet as it concerns his friend, he thinks himself in honour obliged to be equally solicitous about the Just Establishment at least of an Apparent if not a real Title for which reasons only he has thought proper very much contrary to his own Inclinations to Act in this manner and so frequently to present memorials.

       He further most humbly represents that by Letter from Shields he’s informed when Mr Maughan according to the Boards orders dated January Last demanded the Boundry Books, warrant for Game keeping and other writings relating to the Libertyes etc They answered he might go and seek them they would not trouble themselves about any such things and Mr Stonehewer particularly with the utmost Invectives Affirmed there was no right neither should there be any digging for peats etc and since that time one of the Bishops Tenants of Blanchland named Marchall stopt the carriage of Lead to the Smelt Mill and told the men they should not come that way tho then keeping the open Road. It's very Easy to Imagine from what fountain such abuses come and how fitt it is persons so good natured should be treated with civility.

       Your memorialist by a Letter from Wolsingham of the 11th Aprill last is also informed of a report Mr Fookes and Mr Maughan sent up to this Hon[ora]ble Board with relation to the water which report has not yet appeared neither upon the whole of that matter so farr as your Memorialist can find does there seem to be and manner of Notice taken by Mr Ord. The same letter Informed of the Insolence of all the B: B: agents. 

       In obedience to this Hon[ora]ble Board and in pursuance of a Memoriall presented the third last month I’me informed that the two Cotelands of Clark and Spenser are and always were let away with and belong to the farm of Chidlane so that he hopes the Board wou’d not reckon them twice in their Rentall:   I:E: Join them with Chidlane farm and Mindrum Gleab too and thereby make 10L per  ann[um] pass for five pounds; this indeed and I hope the Hono[ra]ble Board will pardon me for saying so is in it’s kind full as bad as attempting to content a person with two halves of two lead Mines instead of a Noble Royalty whereupon these may perhaps be found Twenty whole ones and much better. Besides with relation to the Cotelands We beg leave to Observe that old houses even in a Life rent are not half so valuable as Land supposing these really were such houses (which there is not) And since the Board’s orders were Observed in taking possession its with all submission humbly asserted that this Hono[ra]ble Board are obliged not only to make good such deficiencyes but also to be answerable for the Consequenceyes of such Mistakes.

       Upon the whole Your Memorialist most humbly hopes that without any further delay he’ll either have his purchase fully cleared up and Vindicated or his money paid in, returned and charges allowed. For since his business won’t by any means allow him to wast more time (even as in the station of a Conjunct Agent to this Hono[ra]ble Board which he has been proud of) and there’s no probability of this Hono[ra]ble Board s ever being able to make Mr Forsters Estate at Blanchland worth half the money and charges which is already paid in and laid out by the purchaser He therefore with all submission to the Hono[ra]ble Board begs leave to say that if upon supposition a fine Horse is sold and bought but upon delivery that horse should prove a contemptible ass Certainly the Bargain on Consequence must be void and this seller’s to make good the Losses, for non performance, to the buyer. 

       In fine whatever Notions this Hono[ra]ble Board may have of this Memoriall, the Memorialist asking no forbearance but hoping for an equitable treatment humbly Affairms he has no Intentions but what are Honorable and therefore he hopes If anything therein is Disagreeable this Hono[ra]ble Board will pardon the same. Meanwhile as he has the greatest opinion of your probity and veracity most humbly depends upon them for their equitable redressing his grivances withal being informed that the Gentlemen Neighbouring upon <..> particularly the B: of Durham, the Dean and Chapter and Mr Ord are for riding their boundaries very soon it will be requisite (if this Hono[ra]ble Board pleases) to take Care the Circumforence of B: Afores[ai]d be not Incroached upon.



June 7th 1721

Robt. Stoddart