Letter – Hugh Boag to Thomas Simpson – 1 May 1739

      Ravensworth Castle  May 1st. 1739

To Mr Thos Simpson



Sir

	Inclosed is the Attorney Generalls opinion about Keswick Fines &c, I mean a Copy of it, for your perusall, I have also sent a Copy of it to Mr King who I have desired may Waite of you to Consider the properest time for keeping a Court as we have noe Orders.

	You & he will Consider whether it is proper to keep a Court Leet at the first, if it is proper, the Courts I presume will be within a Month of Easter and if you appoint it so lett it be as far back as you can & give me the earliest Notice & Ile attend.

	The Att.Generall is of opinion that there is a fine due upon the Death of the Lord that was beheaded.

	I am sorry to give you this trouble but I Cannot see how we can doe without. I am afraid Mr K- is farr from being fitt for the Affair but we must now try. I am Sir  

      Yours &c  Hugh Boag



PS Mr Walton is not come down yett.





Copy of the Case relating to the holding the Court Leets of Alston Moor & Wark &c part of the Estates forfeited by the Attainders of James late Earl of Derwentwater  & Charles Radcliffe, and of Mr Attorney General’s Opinion thereon.



At the respective Court Leets, & Court Baron’s, lately held for the Manor of Alston Moore in the County of Cumberland and the Manor of Wark in the County of Northumberland ( part of the late Derwentwater Estate) Some Presentments were made by the Leet Jury  and Homage of the Severall Courts against some of the Tennants of the said Man<o>rs for Surcharging the Commons with their Cattle & other defaults & Trespasses as in the annex’d Extract mentioned who were amerced for the same w.ch  Amerciaments the Bailiffs of the said Manors have demanded but the Tennants so Amerced refuse to pay them, and Threaten to bring Actions against them if they Levy.

	Some of the Amerciaments are inconsiderable in Value but it is represented by the Stewards of the said Courts that it will tend much to the Peace & Quiet of the Tenants of the said Manors to oblige the said Tenants so amerced to pay them; The Method generally used to Levy these Amerciaments has been by Distress; But the Bayliffs being now  apprehensive if they do, The Tenants on whom they shall be so levyed will sue them at Law, and therefore are unwilling to distrain.

	The Court Leets and Court Barons for the said Manors have always been holden on the same day and the same Jurors Sworn both for the Leet and the Homage, and the Jurys make their presentm<en>ts under the Style of the Courts (as below) without Distinguishing whether they relate to the Court Leet or Court Baron, and the Amerciaments which they Impose are affirmed in Court.

	Sometimes the Lords of the said Manors have heretofore distrained and Sometimes brought Actions of Debt for the Recovery of them.



	The Stile of the Court of Alston Moor is thus.  

Manor of Alston Moor

	The Court Leet View of Frankpledge & Court Baron of our Sovereign Lord the King of his said Manor of Alston Moor held at Lowbyer in& for  the said Manor on Wednesday the 26th day of October 1737 by Thomas Simpson Gent. Steward of the said Court.

Q[uery]	

	If it will not be better for the future to alter the Method of holding these Courts, and to Impanell two Several Jurys, one for the Leet and the other for the Homage, or if it be thought fit to continue the Jury in the manner as has been hitherto used (to make one Jury Serve both for the Leet and Homage) will it not be proper to direct such Jury to make their Presentments under the Style of the respective Courts they relate to. 

	I think it will be adviseable to hold the Courts distinct for the future and Impanel distinct Jurys for Such Courts who should make their Presentments under the Style of Such Court .

Q[uery]

	Whether is it better to Distrain for the Amerciaments, or to bring Actions for them; if more proper to bring Actions, what kind of Actions, and in what Court will it be proper to bring them, the King being now Lord of the Manor.

	The best Method of recovering the Amerciaments is by Distress which is of Common Right for the Amerciaments in the Court Leet, and by what is stated, there seems to be a Custom to Justifye it for those in the Court Baron.

	D. Ryder 17 Mar 1738



Copys Sent to Mr Simpson &  Mr King

May 1st 1739

Copy of the Case relating to the payment of Fines by the Customary Tenants of the Estates forfeited by the Attainders of James late Earl of Derwentwater & Charles Radcliffe, on the death of the said Earl James and of Mr Att. Generalls opinion thereon.



By an Act passd in the last Session of Parliament intitled an Act for Explaining and amending an Act of the Eighthyear of this present Majestys Reign Intitled an Act for the application of the Rents and profitts of the Estates forfeited by the Attainders of James late Earl of Derwentwater and Charles Radcliffe; the said Estates are Continued vested in his present Majesty his heirs & Success<ors>  & the Rents Issues & Profits thereof are appropriated for the use and benefit of the Royall Hospitall for Seamen at Greenwich according to the Directions of the said Act, Subject to such incumbrances as are Contained in the said Act. 

      And Whereas the said premises being by the said last mentioned Act, vested as aforesaid in his Majesty his heirs & succ[ess]ors in his politick Capacity which in Consideration of Law never dyes, It may Create a Doubt whether the Tenants of the said estates ought to do such Acts and Services and py such Fines & Sums of Money on the Death of his present Majesty (whom God long preserve for the benefit of his people) or on the death of any future King or Queen of this Realm as by the nature & tenure of their Estates founded upon immemorial Usage and Customor otherwise they ought to have done and performed and paid on the death of any Lord thereof, in Case Such Lord was a Subject. It is Enacted that upon the death of his present Majesty and also upon the death of every Successive King and Queeen of this Realm all such Acts & Services shall be done & performed & all such Fines & Sums of Money shall be paid by the respective Tenants of the said Estates to every Successor of his Majesty, or in case any of the said Estates shall be sold to such other persons who shall be the Owner thereof as by the Ancient tenure thereof or by any Contract, Law Usage, or Custom ought to be done performed and paid by them in Case such King or Queen so dying was Considered as a private person only, & not in his or her politick Capacity, and for default of performance of such Acts & Services which ought so to be done and performed , and for default of payment of any such Fines and Sums of Money which ought so to be paid such forfeitures & Penaltys shall accrue & become Due & it shall be Lawfull for his Majesty his heirs & succ<ess>ors and for all and every Person & Persons by him or them appointed, or who shall be then Owner of the said Estates or any of them to use & take all such Ways & means for Recovering & taking advantage of the said forfeitures & penaltys as might be Lawfully used or taken by any Lord of the said Estates in Case such King or Queen so dying was Considered as a private person only & not in his or her Politick Capacity any Law Usage or Custom to the Contrary notwithstanding  All which said Fines & Sums of Money Penaltys & forfeitures which shall accrue and become due to his Majesty his heirs & succ<ess>ors during his & their Interest therein shall be applyed to & for the use & benefit of the Royall Hospitall for Seamen at Greenwich.

	And Whereas in the manor of Derwentwater Castleridge & Thornthwait (part of the said Estates) some of the Tenants pay Customary fineable Rents; and on the death of every Lord thereof a Generall admitting Fine is also due, and one part of the said Fines are fourpenny fine Certain reserved & made payable by Indentures, and the other part thereof Arbitrary, nd whether any fine can be due upon the Death of James late Earl of Derwentwater for the Admission of any of those Tenants to their Estates, some of them now make a doubt by reason the said james was attainted & Executed, and did not (as they say) dye a naturall death, and therefore Object against paying the same 

Q[uery]

	If any fine is due to his Majesty the present admitting Lord from these Tenants for their respective admissions to their estates on the death of the said James late Earl of Derwentwater, altho’ he was attainted & Executed as aforesaid,  and if so may not such fines & Sums of Money as by the Ancient Tenure of their Estates, or by any Contract Law Usage or Custom ought to be paid be Assessed and Levyed or such of them as refuse to pay the same on their respective admissions.

	I am of Opinion that a Fine is due to the King on the Tenants admissions to their respective estates by reason of the Death of the late Earl of Derwentwater in the same manner as if he had dyed a naturall death & the same may be assessed & Recovered from such of them as refuse by the same Methods as the Customs of the manors admitt of.

      D. Ryder 12 Mar 1738