Letter – Nicholas Walton to William Radley – 11 Aug 1741

      Ravensworth Castle Augt 11 1741

To Mr William Radley



Sir

      We reced. Yours of the 6th of Aug Inst & hope that ours of the 3d will be sufficient to answer what you want with Respect to the Derwentwater woods.

	Some of the freeholders within the Lords Waists, in the Manour of Wark will prove their having got coals without the Lords Leave or Licence & have sold and disposed of the same, but always in a Forceable Way, as we apprehend. We do not think any Custom can be proved, which extends to a right to dig sell & dispose at their pleasure without the Lords Licence; for the Lord will prove his having let & received Rent, time immemorial, & have never acknowledged the Freeholders to have any right at all. It is not possible to come at the knowledge of what Quantity of Coales the freeholders have gott, so that you will judge how to proceed in which you should lose no time, and may observe that Robsons name is Matthew not James.

	As to the Exception inserted in the Lease for a year to Dr Lowther, you will please to observe that the Covenant for Imploying 100 men over & above the number thereby agreed to be Imployed at each mine, was with respect to the great number of Open Mines which was granted by <.. fi..> leave. The Building of Mills was in the like case necessary as none was upon the premises, & the Laying out of £4000 was thought to be sufficient to make Tryals and bring the mines to perfection. These were the reasons for Incerting these Covenants in the Lease of the open mines, but with regard to Tacks of unopen mines  it is never customary nor Indeed is it reasonable to Oblige any Adventurer to Enter into such covenant, as they begin without know[in]g what number of men may be necessary, without knowing whether  any Ore  will be gott at all or not & without knowing anything of the expence which they may be at in making Tryalls. You may please to obsrve that none of these covenants are in the Tacknotes to [Couvens & Race] or in that of the Lead Company. The same Duty which is reserved in the Lease for a Yr. to his Majesty must be paid for the remainder of the 21 years, which is One Fifth Duty. The Lease must be to Dr Low this only.

	The Leases are all come to hand safe, but we want to know what the Tenants are to pay for the Written ones, & allso for the Tacknotes to Race & Ptners & the Quakers Company. We believe few Adventurers will pay above Five Shillings for a Tacknote as it has been time immemorial the stated price.  & we are

      Sir Yours &c

      Walton & Boag