Letter – Henry Richmond to William Darwin – 13 Nov 1760

To Mr Wm Alvey Darwin at his Chambers No7 in Grays Inn London     Newcastle 13th Nov 1760



Sir

My father recd your letters of the 4th and 8th inst inclosing copies of the bill and Decree <ag[ain]st> the Hexham millers, and of the Exemp[lificatio]n of the judgement about tolls at Bradley Bank. I wish you would examine for the depositions in the cause between the Bp of Durham Wm Blackett esq and Hump Wharton Esq concerning the leases for lives and years of mines in Weardale; for if you find, as I apprehend you will, that that was a dispute similar to what we have at present with the Bp about the extent of Sandersons lease; it will be very proper to have a copy or at least an abstract of them, as Sir Walter pleases. The cause was tryed in the Exchequer at Westminster as appears by an endorsement made by the <Com[missioner]s> 10 July 1684, on a copy of the moor masters lease of 1641 produced before them. I have also found two papers of notice which are as follows, vizt Trin Term 19 June 36 Cha 2nd a motion was made and agreed to that a publication be made the 1st day of Mich[aelmas] term of the depositions taken and to be taken in this cause between Hump Wharton Esq pl[ain]t[iff] and Wm Blackett Esq and others defts. And Mich. Term 24 Nov 36 Cha 2nd a motion was made in the cause between Hump Wharton Esq plt and Nath Bp of Durham & Wm Blackett Esq and others defts; and it was ordered there upon that the said cause do <stand> in the paper of causes to be heard at the setting down of causes after the end of this term and that the former Order for several depositions of witnesses to be made use of in this cause (unless the deft shew,d cause to the contrary this day ) be continued till this day senight 

I am etc H Richmond



[Marginal note:] P.S. The Bp insists that the Comon Pastures belong to the Lease for yrs & we say that all inclosures wch are not held in severalty or wch have been made since the date of Sandersons lease ie. the lease for yrs belong to the Moor Ma[ster]s Lease. Our Reason for this is that the present MMs lease grants that Office in as ample a Manner as any former MMr ever held oe enjotd the same & we see that the MMrs lease in 1641 granted all the mines in the two parishes of Stanhope & Wolsingham So it be not in any mans Several or inclosed Ground. And the only Exception in this present MMr lease is of a certain Lease garnted formerly to Wm Hall Esq & afterwds to Barba Sanderson. And this Lease to Hall we think may be shown to have been in being in 1641 in the same words as the present lease for years.