Letter – Henry Richmond to William Darwin – 10 Feb 1761

To Mr Wm. Alvey Darwin

Greys Inn London                                              Newcastle 10th Febry 1761

Sir       Upon making Enquiry after the names of some of the Groves mentioned in the copy of the first of the 3 depositions you sent me in the cause B[isho]p of Durham ag[ain]st Humphrey Wharton Esq. , I have some reason to hope there is a misnomer, or an Error in the Copy. For one of the Groves is first called in that deposition Lodge Slitt, but afterwards Lodgefield Slitt. Now as I can find no such Grove as Lodge Slitt nor even Lodgefield Slitt I am inclined to think that the deponent spoke of Slitt as a distinct Grove from Lodgefield, & desire you will examine & let me know how it appears to you. Slitt is the present & was the ancient name of a Grove in the common pastures & it will be much to Sir Wr’s purpose if we can apply to this grove what is said in that deposition.

I am sorry you cannot obtain such copies or abstracts (tho’ without the names of the witnesses), of the other depositions in this cause; for there may be things of consequence in them, tho till they are examined by persons who know the Groves & the nature of the present dispute it is impossible to say whether it may be worth while to be at the expence of office copies of them all. Tho’ you were not so lucky as to meet with it, yet there certainly has been a cause in the Excheq[ue]r at Westm[inste]r wherein Hump[threy] Wharton Esq. was p[lain]t[if]f & Wm. Blackett Esq & other def[endan]ts. For I see Endorsem[en]ts made by the Comiss[ione]rs in such a cause on several deeds at their sitting 10 July 1684. And it appears to me that Mr Wharton filed his bill again[st] that Wm. afterwards Sir Wm. Blackett, in consequence of a debate between them before a committee of the ho[use] of Comons, relative entirely to these inclosures, on 23 May 1679.

It appears also f[ro]m the minutes of the Chairman of that committee that Mr. Wharton alledged he had digged in the inclosures in Weardale for 40 y[ea]rs & hath a verdict at Law in the Exchequer for his right to them. If the record of this verdict, or any judgem[en]t obtained in consequence thereof could be found it wo[ul]d be of great use towards convincing the Bishop that he is for extending the inclosures beyond the ancient construction of the Lease thereof, to the prejudice of the moor masters Lease       I am etc     HR