Letter – Nicholas Walton to William Radley – 18 Sep 1741

      Ravensworth Castle Sep 18. 1741

To Mr Wm Radley



Sir

      Your favour of the 3d Sept came in course, wth the Termes proposed to be laid before the Attorney Generall touching the sale of the Timber upon the Derwentwater estate which we have examined & returned you herein with only two small alterations which are interlined as you will observe by the inclosed. We think there is no other alteration necessary Except in regard  to the payment of money being secured only by the purchasers suffering to remain upon the premises a sufficient quantity of Timber or Trees to answer the payment – In this the Hospital are to be sure very well served but in case the purchaser should have any objection thereto as it’s a restraint upon him for selling large quantitys [earley] ; the quest[ion] is whether it should not be Waved and a personal good security be accepted of instead thereof. This we only mention to you as a thing which may possibly be an objection to a purchaser, but if you find it none then we advise the security to stand as it does and we are

      Sr Your very Hble Servts

      Nichos. Walton  Hugh Boag



Mem[orandu]m on the other side follows

A Copy of the Termes sent Mr Radley





The Termes prepared by his Majestys Attorney Generall for the Sale of the Timber & Trees upon the estates forfited by the Attainder of James Late Earl of Derwentwater and Charles Radcliffe in the Countys of Northumberland and Cumberland mentioned & described in the particulars annexed before the deputy to his Majestys Remembrancer in the Court of Exchequer per su[en]t to an order of the said Court dated the 7th day of December 1739. Vizt.



      That the purchasers of the said Timber & Trees shall have 12 years from Christmas 1741 to fell, Cutt, Manufacture & Clear the Ground & carry away all the said Timber and Trees by them respectively purchased and have free Liberty for him & them respectively respectively [sic] so purchasing and for his & their Agents, workmen and Assignes during all that Term at proper & seasonable times for felling wood or Timber to enter into & upon all or any part of the said Ground in which the said Timber & Trees so to be sold shall stand and to have free Ingress, Egress & Regress in the & over all the Ancient usual & accustomed ways leading to & from the said wood Grounds for him & them & his & their several and Respective Agents Workmen and Assignes and Horses Oxen, carts, Wains and other carriages to be used and Imployed in and about the felling manufacturing & Carrying away the said Timber & Trees the person & Persons purchasing the same or any part thereof and his & their several and respective agents, workmen & Assignes from time to time doing s little damage to the Grounds, he they or any of them shall or may pass through or over to and from the said Woods as may be, and making full satisfaction for all damage done by any willfull or negligent default which damage shall be Asses’d & ascertained by two Indifferent persons one to be chosen by the purchaser or purchasers of the said Timber and Trees & the other by the Rece[ive]rs or Bayliffs of the said Forfited Estates or some of them and in Case any way or ways shall be found necessary to be mad use of through and over any inclosed Grounds on which any part of the Timber and Trees to be sold do grow that then convenient ways be sett out by persons indifferently chosen also by the said the Rece[ive]rs or Bayliffs or some of them and the purchaser or purchasers of the said Timber & Trees .  And Also that during the said Terme of 12 Years that the said purchaser & purchasers shall have Liberty to set up and Dry the Bark of the said Timber & Trees on the Grounds where the same shall grow & likewise have free liberty to break the Soil and Digg pitt & pitts in the said Wood Grounds for Cutting and Sawing the said Timber and Trees and to Cutt & Cast Turves there {but not upon meadow or corn land)  sufficient for burning any part of the said Timber and Trees into Charcoals and where it can conveniently be done (to Cutt and Cast Turves for Burning of Charcoals) to burn the said Charcoals upon the Common lying next thereto.

	And Likewise that the said purchaser  or purchasers shall not stub up the Roots of the said Trees where the same may be thought proper to spring again or Cutt or Fell any of them standing in any Grounds where any Cropps of Corn shall be growing during such time as the said Corn shall be thereon. And shall pay the money agreed to be given for the purchase of any parcell of the  aid Timber and Trees by seven equall payments the first payment to be made on the second day of February next , and the six other equall payments on the second day of February which shall be in the severall & respective years next and successively following the said second day of February next, and during the time herein Limitted for the payment of the said money shall keep or suffer to remain on the said Wood Grounds a sufficient quantity of the said Timber or Trees to answer or satisfy all the respective payments as the same shall from time to time become due.

	The original sent Mr Radley the 18 Sept. 1741 





Mr Radley to Messrs W & B 



Sirs

	On the other side are the Termes intended to be laid before Mr Attorney Generall for his perusall and settling which I desire you would look over and make such alterations and additions to them as you shall think proper & return them to me as soon as conveniently you can. I am, Sirs

      Your most Hble Sert.

      Wm Radley

Sep 3. 1741 Greenwich