Letter – Thomas Bernard to Shute Barrington – 4 Dec 1797

      Foundling 4 Dec 1797



My Lord,

      I have not yet seen anything that appears to me to exclude your L[ordshi]p’s claim to an allotment out of the lim[ite]d Stints. all rights of Common are in some degree stinted; & the degree of the Stint makes no difference as to the Lord’s Allotm[en]t, if the common remains open & uninclosed. If indeed ground is inclosed (as may possibly be the case here) with an exclusive Right of Pasturage in certain individuals, & no right of soil or dominion remains in the Lord, they may be a Species of Tenants in Common, with a right to make a division among themselves without the Lord’s leave, & the Lord may in that case have no claim to any Allotment. Except in such an Instance I am not aware on what principle the Lord is to be excluded.

      If y[ou]r L[ordshi]ps proposition for the benefit of Chapels & Schools is not acceded to, I do not conceive anything better can be done than for Mr Mowbray to propose to all the Parties on the limited Stints that a Case shall be prepared on behalf of all concerned, & submitted to the Att[orne]y & So[licito]r General for their Op[inio]ns.

      I did not get your letter till after the Post was gone on fryday; & between a Meeting of our Foundling Governors & a <Master> in Chancery’s Office; all my time was occupied on Saturday. I hope how[eve]r this will not be too late, & I remain with much Esteem & Respect,

      Your Lps obliged & Hble Servt

      Tho Bernard