Letter – Nicholas Walton to William Corbett – 1 Jun 1742

To William Corbett Esqr. 					Ravensworth Castle     June 1  1742



Sir

      We wrote you of the 13 of April last, what we cou’d then Informe you of relating to Mr Richardsons Claims to what he calls his Manner of Gerrardgill  Since which we have rec’d. from Mr Simpson (who we desir’d to look into the Title) a State of the Said Mr Richardsons Claim & Coppys of two Deeds upon which the Whole is founded, and as these papers will we hope Clearly State to the Board the Matter in dispute we beg leave to referr you thereto, and only Add that we hope to make it Clearly appear that the mines in this disputed Ground have been Lett by and Wrought under the Derwentwater family, & that the dues thereof were duly paid.  Please to observe in one of the Grants to Richardsons  Predecessors; the Grantee is Limited to Common of Pasture for 60 Cows, 100 Sheep & 20 Mares with their followers of three years old, wch there would have been no Occasion for, if this disputed ground had been Granted as a manner    

             & we are Sir  yours etc

      Nichs. Walton





A State of Mr Richardsons Claim to the manour of Garrygill or Low House Moor Sent up by Mr Thos. Simpson who saw the Deeds etc Sent the Board the 1st June 1742



      Mr Richardson in Order to maintain his Title to the Common which he Claims in Garrigill on Alston Moor chiefly Relies upon two old Deeds with the one dated 21 September 12 Edward 3 and the other 21 October 17 Eliz. By the former Robert de Vitenponte <reciting> that John de Vitenpente held of him that certain Lands and Tenaments in the Village of Gerrardgill by Homage & Fealty and the Service of a pound of Pipper or  one Shilling a Year for all other Services and demands which lands Hugh de Appleby Clarke gave to Laurence de Viteripont and his heirs within these bounds  Viz as Stanebery Syke runs down from the Wooden Cross  to Tyne Water northards & so ascending from the Wooden Cross Eastwards by a Long <Strinch> as far as Gerrardsgill Burn and so descending from Garrardsgill burn Southwards as farr as Tyne Water and so going Westward down Tyne water as farr as to where Hurds bery Syke falls into Tyne together with Common of Pasture for 60 Cows 100 Sheep & 20 Mares with their followers of three years etc and with all the other Commons & Easments to the said Village belonging as well within as without the same so much as appertains to the said Lands & with Liberty to Grind their Corn growing upon their Said land at Aldstone Mill Moulterfrie  Robert thereby Confirms to John and his heirs his Estate in the said Lands Tenem’ts Common of Pasture & liberty of Grinding, And that John and his heirs shall perform unto the said Robert and his heirs the aforesaid Services only for all Services & demands  And Robert also thereby grants that neither he nor his heirs shall at any time thereafter Claim or demand of the said John and his heirs Wardship or Marriage but only the Services aforesaid.  By the latter Deed Sir William Hilton Knight Lord of Aldstone Moor reciting that Lawrence de Vipoint had granted to his son Allan & his Heirs all his Lands in Garrigill by these bounds viz Beginning at the foot of Crossborn as Crossborn beck falls into Tyne Water and from thence Ascending Crossborn to Crossborn head and so from thence following further Eastwards directly to Garrigill beck & so following Garrigill beck descending to Tyne Water & so following Garrigill beck ascending to Tyne Water & so following Tyne Water to the foot of Crossborn   To Hold to the said Allan and his heirs in Fee with Common of Pasture for all Cattle in Aldstone Moor & Garrigill with all Easments Comodities and Profitts in Aldstone moor and Garrigill Rendering therefore yearly a pound of Pepper or  12d in Money for all Services Exactions & demands sued  Sir William Hilton Confirms to Thomas Laton.Esqr. and his Heirs his Estate in the Said Tenem’t and premises According to the Form and Effect of the Said Deed and the said Sir William thereby further grants to said Thomas Laton & his heirs a <piece> of his moor or Waste in Aldstonemoor as it lyes from the head of Crosburn directly Eastward to Garrigill Grove & from thence to Garrygill Burn & so following Garrigill burn to the said Lands Specifyed in the said recited grant & grants that it shall be lawfull for Laton & his heirs to Inclose and hold it for Ever in Severalty together with the Lands & Tenem’ts Specifyed in the <recited> grant and Sir William thereby further grants to Laten and his heirs Common of pasture for all his beasts and Cattle to feed upon the Moors and Wastes within the Lordship of Aldstone Moor and Garrigill Rendering to the said Sir William and his heirs for said <piece> of Land 12d yearly at Michaelmas besides the 12d which he used to pay before <.> Coppy of both Deeds Annexed.

      Mr Richardson is Seized of a Freehold Estate called the Houses or Low Houses consisting of a considerable quantity of Inclosed Ground & likewise the revertion of three other Tenements near adjoining which other Tenements are Inclosed and were granted by one of the Whitfields when owner of the Lowhouses for a Terme of a 1000 years under some Small yearly Rents & Services which are now paid to Mr Richardson.  All these Lands lye adjacent to a <piece> of Common or Waist ground which is the Ground now in dispute And they as well as the said Waste ground are all Inclosed in the Boundary of the Grounds Confirmed and Granted by the Deed from Sir William Hilton to Thomas Laton



     	1st  Decm 18 Eliz     Said Thomas Laton and Charles Laton his Son & Heir apparent Conveyed to John Whitfield of Randerholme & his heirs the Tenementa & Lands at Low houses or Houses

      20 May 1659       John Whitfield Conveyed the Lowhouses or Houses and the Reversion and Rents Issuing out of the other Tenements there to William Richardson and two of his Sons Ancestors of the present Mr Richardson in Fee

      Mr Richardson Insists that these old deeds sufficiently Convey an absolute Property in all the Lands and Waste therein Specified to the Grantees without reserving the Royalties or any thing to the Grantor but the quit Rents and alledges and as I think will be able to prove that his Ancestors have from time to time taken up Wafe & Estray upon the Waste ground in dispute   all the Tennants at Lowhouses have dugg turf and depastured their Cattle there and also Alledges that his Grandfather 8 June 1692 granted a Tacknote to one John Archer to digg there for Mines and that the Lessees did digg there under this Tacknote and that tho’ an Action was brought against him by Lord Derwentwater that yet he continued to digg and that the Action was dropt but of that fact I have not yett seen any Proof but the Tacknote Signed by Hugh Richardson only



      In 1713 Mr Richardson perambulated the Common in dispute as within his Royalty and Boundary & in 1714 gave (as he alledges) discharge to one Henry Brown who was employed to work for Ld. Derwentwater

      Mr Richardson still pays but 1s rent to the Lords of Aldstone Moor at Michaelmas and then having been no Corn grown at Lowhouse within memory no account can be given whither the Owners of those Lands have been Moulter free at Alston Mill or not.

      On the other hand it appears that Layton and his Son by their Conveyance of 1 Decem. 18 Eliz: Convey nothing to Whitfield but the Inclosed Grounds at the Lowhouses or Houses which are all particularly named in the Deed and that those Lands by that Deed are Expressly Granted. To Hold of the Chief Lord & Lords of the <Fee & Fees> thereof by the Service thereof to be due and Accustomed.       

      That by the Deed 20 May 1659 nothing is Granted by Whitfield to the Richardsons but the Houses or Lowhouses with the Inclosed Grounds thereto belonging which are all particularized in the Deed and the reversion and Rents out of the Other Tenements there.  That the Houses or Lowhouses is not in either of the Conveyances Called a Manner or reputed Manner nor any of the Royalties or any part of the Common in dispute p’ticularly mentioned or Conveyed otherwise than by the General Words of all Common and Common of Pasture and Appurtanences thereto belonging which are <invested> of Course in all Conveyances of Land there.

      It appears by Severall Books and papers left by a Steward of Lord Derwentwater now in the Custody of Mr Stephenson the Moor Master that in 1693 a Title or lease of Garrygill burn Old Grove (the place now in question) was lett by Lord Derwentwater to Sir William Creagh.  That in the years 1705, 1706, 1707 the same Grove was worked by John Roger Esqr. under a Tacknote or Lease from Ld. Derwentwater and some duty Ore paid Each year to the Lessee and that a Tack was granted in 1720 by the Agents of the late Mr Radcliffe to Thomas <Bender> Esqr.   Mr Stephenson Apprehends that he can Evince those facts by legal Evidence but the Witnesses being all at present out of the Country cannot as yet be Examined.

      There are no Old Court Rolls in the hands of the Receivers of the Derwentwater Estates Except one in the Year 1679 which they have found lately & thereby it appears that William Richardson appeared and did Suit and Service for Lowhouses at the Court Leet and Court Barron for the Man’r. of Aldstone Moor.  Mr Richardson is still Called in the Court for Lowhouses and never refuses to do Suit and Service but having Since the Loss of the Old Court Rolls been rank’d among the Lease holders he has Objected to that & Insisted that he ought only to be Called at a <Percent> however among the Free holders as it now appears he is one

      It does not appear that ever the owners of Lowhouses enjoyed the Herbage of any part of the Common or Waste ground in despite in Severalty, but that Such of the Tennants of the Mann’r of Aldstone Moor as pleased and thought it Convenient for them have from time to time depastured their Cattle there tho’ as this piece of Ground lies near Lowhouses and at a Considerable distance from most other Tennants of Aldstone Moor the occupiers of the Estates of Lowhouses have most frequently depastured their Cattle & Endeavoured to beat the Cattle of other Tennants off.

      It does not appear that any Estray Sheep or Cattle have been taken on the Common by Mr Richardson or his Ancestors for these thirty Years last nor that any were ever so taken with the knowledge or Consent of the Lords of Aldstone Moor or their bailiffs.

      I have not yet seen any boundary of the Mann’r of Alstonmoor but this Ground in dispute lies almost in the Center of the Wastes reputed and Enjoyed as part of that Mann’r and the Tennants of Aldstone do not admitt that they know anything of Mr Richardsons perambulating this piece of Common as part of his Royalties





A Copy of Mr Richardsons Deed taken by Mr Simpson About Garrygill Man’r Sent to the Board 1st June 1742

[There follows a copy of a Latin Veteripont deed which appears to contain the boundary description given in English above, possibly that dating from c.1339 in Edward III’s reign] 



A Coppy of Mr Richardsons Deed taken by Mr Simpson About Garryg’l Man’r Sent to the Board 1st June 1742

[There follows a copy of the Latin Elizabethan deed abstracted in English in Simpson’s report above.]