Letter – Nicholas Walton to William Radley – 6 Jul 1742

To Mr Radley 							Ravensworth Castle  July 6th 1742



Sir                                        

      We would have answered your Letter of the 10th June last wch brought us a Coppy of Mr Algoods Letter to Sir John Jennings of the 31st of May Sooner, but that we were willing to be well Informed as to the facts as sett forth by him, before we did, & that we have only just gott finnished so to be able to do it now

      The Severall Informations upon Oath taken in the Year 1739 of which you had Coppys, & those we have now taken Mr Airey will make an Abstract of & Send you next post, which will Shew how farr [underlined from ‘Mr’ to ‘Case’] Mr Allgood has honestly and sincerely Indeavoured to draw a true state of his Case, so that we begg leave to refer you to them, but in the mean time it may not be improper to Observe that we apprehend he is in Severall p’ticulars much mistaken.

      The Estate of Simondburn we admitt was formerly the Estate of the Herron family, but we doe not admit it, as [underlined from ‘a’ to ‘Manner’] a Seperate distinct Independant Manner or that the Herron family [underlined from ‘constantly’ to ‘Simondburn’] constantly held Courts Barron and Exercised all other Acts of Royalty as Lords of the Mannor of Simondburn for it will appear to you by the Information of Thos. Dodds that the Herrons never kept Courts there.

      That the late Mr Robt. Allgood purchased the Estate at Simondburn, of the Herron family, we believe may be true, but we doe not admitt that [underlined from ‘he’ to ‘Royalty’] he Constantly kept Courts and Exercised other Acts of Royalty; for by the Affadavitts of Charleton of Molehill, you will observe Mr Allgood never kept any Courts leet after the late Rebellion, and that the Inclosures were made [underlined from ‘Some’ to ‘Immemoriall’] Some 20, Some 10 and Some 60 Years agoe, but the greatest part thereof time Immemoriall it will Evidently appear otherwise from the Affadavitts of Robert Charleton, William Willson, Cuthbert Ridley, and John Oliver.

      As to the Colliery on the South Side of the Coaleburn, having been wrought [underlined from ‘without’ to ‘Allgood’] without any Interruption or disturbance (unless within these two or three Yrs Since Mr Airey became Steward) by Sir Charles Herron & Mr Allgood we doe not admitt of it, for we will be able to prove that the Colliery on Ellingham Ridge lying on the South Side of Coalburn has been wrought by the Derwentwater family & that Mr Errington the Steward to that Family, constantly Obstructed the Allgoods in there Working on the South Side of Coalburn.  And Since Michs. 1737 one of us have constantly assisted in the throwing down the Roller & Ropes of Mr Allgoods pitt in our way to Wark Court.

      That the Coalburn is the [underlined from ‘known’ to ‘Simondburn’] known boundary between the two Mann’rs of Wark & Simondburn we doe not admitt, for it will appear by all the affadavitts that it is not, and tho’ Mr Allgood has never yet been able to [underlined from ‘Learn’ to ‘Common’]  Learn that the Lord Derw[entwate]r or his Ancestors or any other Lord of the Mannor of Wark was Claimed the <Court> rights upon Simondburn Common  it will also appear by Severall affadavitts that the Bayliffs of Wark Mannor have taken up Waifs upon that Common & done Severall other Acts of Royalty there.  And tho’ he Also Says it was never [underlined from ‘known’ to ‘agoe’] known that the Occupiers or Tennants of the Castle and Demesne Lands of Simondburn were ever known to be summoned to appear at Wark Court or did Suit and Service there till about 10 or 15 years agoe, yet it appears the Township were Summon’d that they appeared & did Suit and Service, both by Affadavitts and an old Call Court Roll dated in 1672 and dated in 1682 one in 1730 and ever since Mr Airey was Court Keeper, but these Call Rolls except Mr Aireys are so Irregular that we doubt they Cannot be admitted as Evidence.

      We agree that Nenwick pays a yearly Rent of 18<s> as part of Simondburn but at the same time, we must observe that we receive a penny p Ann’l Rent for the Liberty of a Mill Dam on Simondburn Common for the use of Tackett Mills.  We know nothing of the Rectory of Simondburn being a Mannor.

      Now from what we have said, which we hope you will find grounded upon facts, when the Abstracts of the Affadavitts Come to your hands, it will appear to you how far Mr Allgood has Stated his Case truly, & we hope when the whole is Laid before the Board, they will Judge of it accordingly.  The want of the Court Rolls is a great loss in Clearing up this matter and as Mr Anesly no doubt has them, for many years back we think you should apply to him, that they may be had before the Tryall.  He has petitioned to have Green discharged and as the Man is poor if his liberty would produce us the Court Rolls it would be the best Satisfaction. Mr Airey will write you this post as he has before done with respect to the Information, so that we shall only add that we will be glad to give all the assistance in our power & we are 

      Sir Your most Obedt. Servts

      Walton & Boag