Letter – Nicholas Walton to George Liddell – 3 Dec 1738

      Ravensworth Castle Dec 3rd 1738

To George Liddell Esq



Hond. Sir

	In answer to yours of the 26th Inst we yesterday waited upon Mr Airey and acquainted him with what you wrote, relating the severall ways proposed for dispatching the Tenants Leases on the Derwentwater Estate for as he is not only a judge of any Inconveniences that might Attend some of the Methods proposed, but in expectation of having a Share of the profits we thought it very proper to have his advise.

	It is quite equall to us where they are drawn, provided they are done equally advantagious to the Hospital, with equall expedition & at the same expence but we are apprehensive none of these points will be so well executed at London as here, nay the Draughts must inevitably all be done here, if they are allowed to be Ingrossed in London, And that will loose a great deal of time. As to the printing of them, we are all of opinion it cannot be done as there is various circumstances in the severall farmes which will differ so as no blanks can be left to answer them.

	The proffits which may arise from the Tenants leases Mr Airey and we have agreed upon and as Mr Corbetts Clerk Mr Horne expects and must have a share the whole as we have fixed it, provided Mr Radley & Mr Horne agrees thereto will be in 5 shares vizt Mr Airey, Mr Radley, & Mr Horne each one & we to have two shares, We dare venture to say there will be no comparison between the Expence of Drawing in London & the Country, & it is scarce to be disputed, but the Country will be much the Cheaper, & as we will take care to have ‘em done in the Cheapest way, we hope Mr Radley will come into it & allow them to be done here.

	We hope at the last Boards meeting this affair would not be fixed & that you will have an opportunity of carrying it in our favour as it will be an Advantage to everybody except Mr Radley in whose place if you carry it Mr Airey then will stand. And it will besides be a great satisfaction to us to have an opportunity of seeing them despatched with as much expedition as the nature of the thing will allow of.

	We were very glad to hear you got well with all your Company to London & that you had so fine weather and roads. We doubt Sr Henry will have the Reverse as you have had so much wett to the southward. We hope the George is now in good way of proceeding on her voyage as the winds have been West & No. West since yesterday morning & we are, 

      Hon Sir Your Obed. Servts

      N Walton H Boag





Ravensworth Castle Dec. 3d . 1738



A Copy of the Attorney & Solicitor generals Opinion about the Derwentwater Leadmine Lease 26 Oct 1738

	We have perused this draught and the Acts of Parliament proposal, Sign Manuels and Resolutions of the gen Court referrd to our consideration, And we are of Oppinion that the Draught is conformable to the Directions of the Act of Parliamt. in all  the particulars thereby required and the covenants therein incerted are proper so farr as falls within the reach of our judgement, And we likewise think it is agreeable to the proposal, AnExcept that no Notice is taken in the Draught of that part of the proposal which relates to the Lessees purchasing the Duty Ore but we have not incerted any Clause for that purpose as not knowing whether it will be for the Intrest of the Hospital, or upon what Terms it is to be effected. But whether the Dues herein reserved are the best that can reasonably be gotten or whether so extensive a Lease is most for the Intrest of the Estate, or whether there are all the covenants from the Lessees that the Nature of these leases requires in the Severall Countrys where the Mines Lie ( as they are matter no way within our knowledge) we cannot take upon us to Determine, and therefore can give no opinion whether in these respects it is advisable for the Commiss[ion]ers to Grant this Lease or Not.

      D. Ryder J. Strange





Here follows the Q[ue]r[ie]s made by the Director to the Att[orne]y & Sol[icitor] General’s opinion on the foregoing side.



      The Directors of Greenwich Hospital having the Opinion of Mr Att. And Mr Solicitor Generals upon the Lease &c, And being desirous to lay the same before a General Court to be held on the 16th in such manner as may give Intire Satisfaction to the Court will take it as a favour to be Inform’d whether the Doubts Expressed in the sd. Opinion proceed from any Difficulty Mr Att. & Mr Sollistor General may have of Approving what is proposed to be done by the Genl. Court as in any degree contrary to their judgement or merely from a Caution of not giving an Opinion in Matters which are of such a nature as it is Impossable  to suppose they they can be versed in, and Unreasonable to expect any posative opinion upon.



Answer

The Doubts Expressed in our Opinion did not proceed from any Difficulty we had from Approving what is proposed to be done by the Genl. Court as in any Degree contrary to our judgements. But the Question put to us by the Resolution of the 29 Sept last being whether [underscored: ‘upon consideration of the whole’] the Lease proposed was advisable for the Commiss[ioner]s to grant, We thought it proper upon so Complicated a question to Distinguish between what fell within the Compass of our profession and not, And the Doubts now Inquired after arose from our Caution in not giving an opinion in matters which from their nature we could not possably be supposed to be versed in, or give any positive opinion upon.

      D: Ryder  J: Strange 

3rd Nov 1738