Letter – J Burton to William Wilson – 10 Oct 1798

Dear Sir,

      I have perused the decree of the Court of Exchr. In 1667 when Sr. Matthew Hall was Lord Chief Baron, as well as the Act of Parlt. of the following Year enabling the Bishop of Durham to grant Leases for three Lives, & from these Instruments I am clearly of Opinion that the Tithe of the Ore is to be set out for the Rector clean & well wash’d as soon as it is ready for the smelting Mill, & that it is not subject to any Deduction for the Bishop’s Ninth or to any other Deduction whatever. With respect to your other queries, I am sorry to say that my Engagements of Business as well as others, & the State of my Eyes have not allowed me to look carefully into your other papers; but as far as I can judge from what you have told me, & from the Verdict & decree there seems to be fair ground for demanding the Tithe out of the Freehold lands as well as the rest.

      If your Claim has hitherto been too much narrowed it ought certain to be extended, before you endeavour to enforce it by law.

      I should think the Moduses would not cover the Ore in the new Allotments. But Lord Burford cannot be made responsible for his Tenants, unless he has agreed to become so. – 

      I am Sir Your very faithfull Hble Servt.

      J. Burton



[Annotated on reverse:] Copy of Mr Burton’s opinion respecting the division of the Lead Ore & the Moduses at Biggins – Octr. 10 – 1798



Your Papers are at Mrs. Halheads



The Revd. W. Wilson, Wolsingham