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To Wm. Alvey Darwin in Grays Inn London Newcastle 21 April 1761 Sir I am glad you have discovered that there was a suit in 1633 relative to the dispute about the Inclosures, & desire you will send down the pleadings both in that & in the cause in 1664 or there abouts, if you are so fortunate as to meet with them in your search in the Tower; Those in the cause in 1663 will certainly throw a strong light upon this dark affair, as that cause was prior to the first Lease of the inclosures to Alphonsus Bulmer, of whom Wm. <Kell/Hall> purchased. As to the pleadings & depositions in the suit B[isho]p of Durham ag[ain]st Wharton, unless you have taken full minutes of the bill & answers & it will be very proper that you take another carefull look at them; & if you find that the B[isho]p does not charge anything further than the non payment of the 1/9 th & the <undue> mixtures of ores, without mentioning what mines the s[ai]d 1/9 th has arose out of, or what ore Mr Wharton had mixed wch he ought not, then I agree with you that it will be unnecessary to put Sr Walter to the expence of the copies of them. But if any names of Groves, or fields, fells, wastes etc are mentioned you will be able to judge f[ro]m the depositions & schedule annexed, wch you sent me a copy of, whether it will be worth while to go any further. P.S. I shall see if Kirkheaton tenants next week & find whe[the]r any alteration is to be made in the dra[ugh]t of the answer they are to put in. I am etc HR
Some of the Bishop of Durham’s papers on the topic of his Lot ore, the lease between Bulmer & Hall, & subsequent disputes involving Wharton are given in R.Blair, ‘A Number of documents relating to the County of Durham, etc.’, Proceedings of the Society of Antiquaries of Newcastle-upon-Tyne, Vol 1, 3rd series, 1903, No. 1, pp.17-22