Letter – Nicholas Walton to William Radley – 29 Nov 1741

      Ravensworth Castle November 29th, 1741

To Mr Radley



Dear Sir 

      I received the favour of yours of the 20 November Inst wch I would have answered sooner, but that I waited to see Mr Airey, to consider how we might rectifye the mistakes you have been led into before I did.

      I find we were not named in the draught of the Afidavit you sent down, but in your Letter of the same time to Mr Airey you desire the Receivers may joyn in it, Pticularly as to that which related Greenhaugh Colliery. Mr Airey on Recet. of yours sent his Clerk to us, to be informed what we could Speak to, and in answer he was told Expressly, we could not speak to one Tittle which related to Greenhaugh, nor that no other person for us could, as Matthew Robson had a Right of possession there, till Mayday 1742 and altho this is real  matter of fact Mr Bunting is drawn in, to swear the Contrary, which I hope he means not to doe. In Mr Aireys Narrative ( which neither Mr Boag or I ever saw till about ten days agoe ) of Highgreen Colliery, he is in one Pticular mistaken, for Mr Reed took that Colliery of us only for one year, to commence at last Mayday; & then proposed to give the same Rent of Five Pounds Annually for a Term of 21 years, which without Advertizing the Commissioners had not power to grant, and therefore that Colliery (together with Greenhaugh which he also proposed to take on Lease for 21 years to Commence at mayday 1742 ) was advertised to be Lett on Lease for 21 years, till the 11th of November Instant (the time of Letting or as soon after as was convenient) for the taking of which no other person has made a proposal, so that we shall in a Small time report him to the Board as the best Bidder: and thereon we apprehend the Comm[issioners] will grant both Collierys to Mr Reed on Lease for 21 years to commence at Mayday 1742. As Mr Airey has wrote you fully with respect to Greenhaugh Colliery, I need not say more upon it, but I wish Mr Reeds Affidavit & the proceedings of High Green could be altered as to the Term the Colliery was Lett for, which I think may be done by striking out (of Years ) and then the sentence will stand thus in the laste Affidavit sent up, and I presume in the rest likewise [underlined: ‘Agreed to take it for a certain Terme of the Receivers of the sd. Rents and Profits.’]

      I am glad to find that such Proceedings as have been, relating the Ovingham Estate, are not to goe over again, and that the Pleadings hitherto will stand and be continued. And as it is necessary to make the Heir at Law to Robert Fenwick and others parties for further Discoverys we must wait till these Discoverys are made. I could not have thought Mr Fenwick & Errington would have flatly denyed a Fact, they both so well know, and as I doubt we cannot leave too much dependence upon Mr Ainesleys Voluntary Evidence, I am afraid we must proceed to oblige him to Speak out. Mr Airey will in a post or two be furnished with proper Instructions, for your further Step in this Affair, & altho’ the Nature of the Proceedings will not allow of a speedier Determination, yet I hope it will be a successful one in the end.

	Uppon the whole I submit it to your judgement, whether from what we did relating Greenhaugh Colliery, we had not Temper enough to tell that Matter right, & to whom these mistakes have been [owings] for I will venture to say Mr Airey cannot Trace from whom he had his Information. And as to any Complaint which might be lodged against you and us relating the Ovingham Estate, I think as you doe it would be rash and Invective, and also unreasonable, without shewing properer Paths to Tread in; but yet such Complaints might be made & I am confident will, if the Arguments you have furnished us with do not prevent it. What was observed by us to you, was with no other View, I can assure you, but that you and us should be justified; & to hasten the Work; and altho’ you seem to hint as if we were Led to it by private prejudice, I  can assure you it was intended as a piece of sincere Friendship for you may depend upon it, we have no Views but what may tend to the Benefit of the whole, and the Increase of the Revenues of the Hospital.

	I am glad to hear you are moving against Green for Damages by his Intrusion at Haydon Town; it will be of very great service at this time, & shew the World that Punishment will not be remitted, as too many have too much suggested. I am also glad the Vicar of Hartburn will be put upon proving his Title, as it will probably make some Discoverys, at least I hope it will screen us from the payment of small tyths for Needless hall, to which we have always believed he had no Just Claim.

	Pray what has been done about Mr Algoods Replevin Causes.

	Mr Boag is from home, but I am sure, joyns with me in compliments to your selfe and to all Friends  at Greenwich & I am Dear Sir

	Your very Hble Servant

      Nich. Walton