Letter – Thomas Browne to Samuel Sandip – 1 Mar 1743

Hillary term in the 16th Year of the Reign of King George the 2nd

                                  

To the Right Honble Sam. Sandip Esq Chancellor and under Treasurer of his Majesty’s Court of Exchequer at Westminster Sir Thomas Parker Sen Lord Chief Baron of the same Court & to the Barons there in Northumberland.



Humbly Complaining sheweth unto your Honours your Or[at]ors Sir John Webb of great Crawford in the County of Dorset Bart Surviving Ex[ecutor] of the last will and Testamt of James Radcliffe commonly called Earl of Derwentwater Deced & Wm Bacon of Staward in the County of Northumberland Esq Ex of the last will and Testamt of John Bacon Esq late of Staward aforsd Esq deced Debtors and Accountants to his Maty or by the Records of this Honble Court and otherwise it doth & may appear that Wm Graham Doctor in Divinity there Dean & the Chapter of the Cathedral Church of the Holy and undivided Trinity of Carlisle were in right of their Church seized of all that the Rectory of Whittingham in the County of Northumberland & all the Tyth of Corn and Grain there arising and likewise of the Rectory of Corbridge in the sd County & all Tyths of Corn and Grain Arising within the sd Rectory or Tythable places thereof that the town or Vill of Lorbottle is lying & being within the sd Rectory of Whittingham & the Tyths of Corn & Grain arising within Lorbottle are belonging to the sd Rectory of Whittingham & that the town or Village of Dilston also Divilston is lying within the Rectory of Corbridge & the Tyths of Corn & Grain are belonging to the sd Rectory & they the sd Dean & Chapter being so seized as aforded by 2 sevll Indens of Lease both bearing date the 25th day of Novr 1691made between the sd Dean & Chapter of the one part & Francis Earl of Derwentwater of the other part Demise all the Tyth Corn Grain & Sheaves of the Townfields & Closes of Lorbottle belonging & apertaining to the sd parsonage and Rectory of Whittingham and also all the Tyth Corn Grain & Sheaves of Corn, yearly coming growing arising and renewing within the precincts limitts  & Grounds of all and every the Territories Fields Lands Tenems & Closes belonging & appertaining to the Town & Village or Hamlett of Dilston also Divilston parcell of the Rectory or Parsonage of Corbridge for & during two Severall terms of twenty one years each & the sd Francis late Earl of Derwentwater being so possessed as aforesd by Indens of Lease & Release bearing date the 23d & 24 days of March 1691 Conveyed & settled amongst other things all his Messes Lands & Tenems Situate lying and being in Corbridge aforesd and all those his Corn Tiths of Lorbottle aforesd to the use of himself for his life without Impeachmet of waste Remainder to his son , the Rt Honble Edwd Lord Visc. Langley for his life with Impeachmt of Wast Rem to the Honble James Radcliffe oldest son of the sd Visc Langley for his life with Impeachmt of Wast Rem to Trustees to preserve Contingent Remainders Rem to the first and other sons of the sd James Radcliffe & the Heirs male of the body & bodys of such first & other Son & Sons lawfully to be begotten with severall other Rem over as in & by the sd Indens of Lease & Settlemt to which your Cross crave leave to refer will when the same shall be produced to this Honble Court more fully & at large appear.  



And your Or[at]ors farther show unto your Honors the sd Francis Earl of Derwentwater & Edwd Lord Visc Langley being both Dead the sd James Radclyff then Earl of Derwentwater became possessed of sd Tiths of Lorbottle & Dilston for so many years of the restive Terms the rein as he should happen live Remainder to his first and other sons in tail male as in the settlemt is mentioned & he having renewed the sd Leases from time to time and being possessed thereof & of the sd Tyths as aforesd.  He the sd James Earl of Derwentwater by Indens of Lease & release bearing date respectively the 23d & 24th days of June 1712 in Cons. of his then intended Man (which was afterwards had) with Anna Maria Webb one of the dau[ghter]s of your orator Sir John Webb Conveyed & Settled amongst other things all that the Manor of Dilston otherwise Divilston with the Rights Members & Apperts thereof in the sd County of Northumberland & all Tenems & Hereditams w’soever part or parcell or reputed part & parcell of the sd manor or as part or parcell or member thereof Demise Letters used occupied or Injoy’d & all & Singular other the Lands Tenems & Hereditmts whatsoever of him the sd James Earl of Derwentwater situate lying & being within the manor Town Village or Hamlett of Dilston otherwise Divilston in the sd County of Northland to the use of himself for life without Impeachmt of Waist Rem to Trustees to preserve Contingent Rems to his first & other Son & Sons on the body of the sd Anna Maria Webb his then intended wife to be begotten & the Heirs male of the Body & Bodys of such & other Son & Sons lawfully issuing with <rem[ainde]r other …. …asin> & by the sd <…..> above mentioned <S…. & …..> to <..  ……..> also crave leave to refer will when the same shall be produced to this Noble Court more fully & at large appears



And also your Or[at]ors further shew unto your Honrs that the sd James Earl of Derwentwater being possessed of sd Tythese as after he the sd james Earl of Derwentwater on the 23rd day of June 1713 renewed the  Leases thereof with the right worshipfull Geo <Smalbidge> the Dean & the Chapter of the sd Church of Carlisle after wch renewal that is to say on or about the 9th day of Febry 1715 the sd james Earl of Derwentwater was attainted of high treason & on the 24th of the same feby was beheader & left  Issue by Anna Maria his wife late Countess of Derwentwater one son named John who is due form made his Claym to the sd Tyths & all other the manors, lands, tenements & hereditaments comprised in the sd settlement before the <Com..> & Trustees of the <sequestered> estates pursuant to the sevl Statutes in the case made <yntourded> wch claim was allow’d as by the decree of the sd Com[itte]e & Trustees to which your Or.ors crave leave to refer will when the same shall be produced to the Hon.ble Court more fully & at large appear.



And also your Or[at]ors further shew unto your Honrs that the sd John Radcliffe being possessed of the sd Tyths & of the restive Terms therein under the sd settlement  or one of them the Right worshipfull Thos Tullie then Dean & the Chapter of the sd Church did by two sev.l indentures under their common seal both bearing date the 23rd day of June 1720 in consideration of the said surrender of the sd leases of the 23rd day of June 1713 demise grant & to farm let unto the sd Jno Bacon all those the sd tyths of Lorbottle & Dilston to hold to him his Exers & admins & assigns for the res[pec]tive terms of 21 years from thence next ensuring at the yearly rents thereby res.tively reserved. And the right worshipfull Geo Fleming then Dean & the Chapter of the sd Church did by two sev.l indentures udner their common seal both bearing date 13rd June 1727 in Cons of the surrenderof the sd last mentioned Leases demise grant & to farm let unto the sd John Bacon all those the sd tyths of Lorbottle & Dilston to hold to him his exers admins & assigns for the res.tive terms of 21 years form thence next ensuring at the yearly rents therebyres.tively rseserved as in & by the sd leases . . . . . . of the 23rd days of June 1727 to which your Or.ers crave leave to refer will when the same shall be produced to this Hon.ble court more fully and at large appear



And also your Or[at]ors further shew unto your Honrs that the sd John Radcliffe being the only son of the sd James then Earl of Derwentwater by the sd Anna Maria late Countess of Derwentwater his wife being an Infant when the sd Leases of the 23rd day of June 1720 & 1727 were granted the same were taken in the name of the sd Jon Bacon but still in trust for the sd John Radcliffe his Exers Admins & Assigns who being poss’d of the sd Tyths as Resting upon Trust as aforesd he the sd John Radcliffe departed this Life on or about the 31st day of December 1731 he having in his life time duly made and published his last will & testament in writing & constituted  & appointed your or[ator] Sir John Webb & Nath. Pigott Esq who is sicne dead Exeters thereof & since the decease of the sd John Radcliff your or[ator] Sir John Webb (the sd Nath Pigott having declined acting in the sd Executorship duly proved the will of the sd John Radcliff in the prerogative court of Canterbury & took upon himself the Exec.tr.p theref whereby your or[ator] Sir John Webb or the sd John Bacon during so many years of the sd last mentioned Terms of 21 years as he lived & since his decease your Or.or the sd Wm Bacon his execr became well Intitled to take & receive the sd Tyths of Lorbottle and Dilston for the use & benefit of your or[ator] Sir John Webb the only acting & now the onlu surviving Extor of the last will & test. of the sd John Radcliffe & therefore your Or.ors hoped that they or one of them should immediately from the decease of the sd John Radcliffe & the Probate of this will have been let into the peaceable & quiet poss.ion & perception of the sd Tyths for the Rem.dr of the sd sevl last mentioned terms of 21 years. 



But now so it may please your Honrs that the Right Worshipfull Robt Bolton Doctor of Laws the present Dean & the sd Chapter of the Cathedral Church of the Holy & undivided Trinity of Carlisle combing and confederating themselves to and with Sr John Jennings Knt Governor and the Com.rs of the Royal Hospital for seamen at Greenwich in Kent to Nicho.s Walton and Hugh Boag both of Ravensworth Castle in the County of Durham Gentlemen & also to and with John Stokoe Nichs Stokoe Wm Stokoe James Thompson John Thompson Matthew Thompson Mich Brown Thos Brown & David Brown ten.ts of sev.l lands & tenem.ts lying in Dilston als Divilston aforesd & parecll of the Rectory or parsonage of Corbridge in the County of North.land & also to and with Wm Swan Mich Swan John Swan Barth. Dun Robt Storey Andrew Storey Edw Wilson & Geo Buddle Tenn.ts of the sevl lands and tenem.ts lying in Lorbottle afsd belonging & appertaining to the Parsonage of Whittingham in the said county of North.land & also to and with diverse other persons unknown to your Or.ors whose names when discovered your or.ors pray may be inserted in this bill with Apt words t6o charge them how to defeat your Or.ors of the sd Tyths & the benefit of the sd Leases of the 23rd day of June 1727 the sd Dean & the sd Chapter of the church of Carlisle pretend that by virtue of the sd attainder of James late Eral of Derwentwater & of prev.s acts of Parliaments the one made in the 1s and the other in the 9th year of the reign of His late Majesty King Geo the 1st & by force and operations of another Act of Parl.t made in the fifth year of the Reign of his present Majesty intitled an Act for making void the sevl Contracts for sale of the estate of James Late Earl of Derwentwater to Wm Smith Esq & also of the annuity of £200 during the life of Charles Radcliffe & the arrears thereof to Matt. White Esq & the severall Conveyances made in pursuance of the same all & every the Castles Hon. Lordships Manors Mess.s Lands & Tenem.ts & amongst other things all Leases for Life Lives of years & heredit.s whatever whereof the sd James Late Earl of Derwentwaterwas seized or poss.ssd of or Interested in his own Right to his own use of whereof any other person or persons was were or shd have been seized or poss.sed of or interested in Trust for him on the 24th day of June 1715 or at any time afterwards were vested in his Majesty his heirs & successors for the benefit of the publick & that by one other Act of Parliam.t made in the 8th yr of the reign of his present majesty intitled an Act for the Applicatioj of the Rents & profits of the Estates forfeited by the attainders of James late Earl of Derwentwater and Charles Radcliffe all and every Castles Hon. Lordships Manors Mess.s Lands & Tenem.ts & amongst other things all Leases for Life Lives of years & heredit.s whatsoever were given to the maintenance of Greenwich Hospital & that altho your Or.or Sir John Webb did previous to the granting of the Leases hereinafter mentioned make application to the sd Dean & Chapter to renew the sd leases if the 23rd June 1727 which was refused, yet notwithstanding such application the Right Worshipful Geo Fleming Doctor of Laws the then Dean & the Chapter of the sd Church of Carlisle did by two sverall Indentures or Leases each bearing dates the 19th July 1734 & made or mentioned to be made between the sd Dean & Chapter of the one part & John Watson of Gosw.ck in the County Palatine of Durham & Edw Hutchinson of the City of Carlisle in the county of Cumberland Esq wch John Watson & Edw Hutchinson are in such leases mentioned to be constituted & appointed by the Honble the Lords Comm.rs of hi Majesty’s Treasury steward and general rece.rs of & for all & singular the Castles Hon. Lordships Manors Mess.s Lands & Tenem.ts heretofore the Estate of James late Earl of Derwentwater of the other part granted the sd tyths of Lorbottle & Dilston to the sd John Watson & Edw Hutchinson for the sevl & res[pec]tive terms of 21 years from the making thereof & that therefore he the sd Robt Bolton the Dean & the Chapter of the sd Church of Carlisle Did by two sev.l indentures of Lease both bearing date the 23rd day of June 1741 & made or mentioned to be made between the sd John Bolton & the Chapter of the sd Church of the one part & the sd Nicho.s Walton & Hugh Boag of the other part by & with the direction & appointmt of the sd Sir Jno Jennings <Junr> Governours & the Commiss.rs of the Royal Hospital for Seamen at Greenwich in Kent & in Conson of surrender of the sd leases granted to the sd John Watson & Edw Hutchinson as aforesd & for & in considerations therein mentioned grant & demise the sd Tiths of Lorbottle & Dilston to the sd Nichos Walton & hugh Boag for and during the sevl & res.tive terms of 21 years from thence next ensueing and fully to be competent & ended upon Trust nevertheless for that the Rents Issues & Profits of the sd Tiths sho’d be brought to Acct & paid according to the directions of the sd Act made in the 8th year of the reign of his present Majesty under which leases the sd Sir John Jennings Knt Govr & the commrs of the Royal Hospital for Seamen at Greenwich in Kent & the rest of the confederates pretend that the sd Nichos Walton & Hugh Boag are intitled to the sd Tiths & poss.ed thereof in trust for the maintenance of the sd Hospital according to the Dircetions of the sd Act made in the 8th year of the reign of his present Majesty



Whereas your or.ors expressly charge that the sd leases of the 23rd June 1727 wch were granted to the sd John Bacon being still in being and unexpired [annotated to left: ‘know nothing of it’] & having never been surrendered or yielded up to the sd Dean & Chapter of Carlisle as well as the sd lease of the 19th July 1734 which were granted to sd john Watson & Edw Hutchinson as those of the 23rd June 1741 to Nichos Walton & Hugh Boag were absolutely void. And the sd Nichos Walton & hugh Boag or the sd Sir John Jennings Knt Govr & the commrs of the Royal Hospital for Seamen at Greenwich in Kent have not not ever had any right to hold or enjoy the sd Tiths [annotated to left: ‘submits to court’] under the leases of the 23rd June 1741 but the same Tiths ever since the decease of John Radcliffe ought to have been rece.d and enjoyed by the sd John Bacon during so many years as he lived & after his death by your or.or the sd Wm Bacon in Trust for your or.or Sir John Webb as Extor of the sd John Radcliff & the sd John Stokoe Nichs Stokoe Wm Stokoe James Thompson John Thompson Matthew Thompson Mich Brown Thos Brown & David Brown have for 11 years ending at Christmas last held & occupied sevl lands lying in Dilston als Divilston aforsd & have had great quantityes of corn & grain arising therefrom during the time aforesd & they the sd Wm Swan Mich Swan John Swan Barth. Dun Robt Storey Andrew Storey Edw Wilson & Geo Buddle have sevl also for 11 years ending at Christmas last held and occupied sevl lands lying within Lorbottle aforesd & they sev[eral]ly had great quantities of corn and grain arising therefrom during the time aforesd & they & all & every the Tenn.ts of all lands tenemts & hereditaments lying in Dilston als Divilston aforesd & in Lorbottle afsd ought to have paid their Tithese accordingly & therefore at other times the sd Sir John Jennings Knt Govr & the commrs of the Royal Hospital for Seamen at Greenwich in Kent and the said confed.ates pretend that the sd James Earl of Derwentwater being possessed of the sd leases the 23rd June 1713 at the time of his attainder the same leases thereupon became forfeited to the Crown & that the sd lease of 23rd June 1740 having been granted in Cons of a surrender of the sd lease of the 23rd June 1713 & the sd lease of the 23rd June 1720 the sd lease of the 23rd June 1727 immediately upon the death of John Radcliffe with[ou]t issue male became vested in the Crown in manner ment[ione]d in the Acts of Parliam.t.



Whereas your or.ors charge that altho the sd leases 0f 23rd June 1727 shuld be looked upon to be a continuation of the elases of 23rd June 1713 which your or.ors by no ways admitted that <or> by the same Rule the sd leases of 23rd June 1713 were a continuation of the sd leases of 25th Nov 1691 and of such other leases as were in being when the sd settlements of the 24th March 1691 & 24th June 1712 were made by the sd settlement or one of them the sd tiths were amongst other things limited to the sd John Radcliffe as first soen of the body of the sd James Earl of Derwentwater & the heirs male of the body of the sd John Radcliffe the trust of the sd tyths & of the leases therefof of 23rd June 1727 became absolutely vested in the sd Jno Radcliffe & upon his decease came to your or.or Sir John Webb as the only acting execu. of his will in as much as the same being but a Chattle interest could not by the rules of law as your orators are advised by limited ever in rem[ainde]r to another person for default of Heirs male of the body of the sd John Radcliffe & at other times the sd John Stokoe Nichs Stokoe Wm Stokoe James Thompson John Thompson Matthew Thompson Mich Brown Thos Brown & David Brown Wm Swan Mich Swan John Swan Barth. Dun Robt Storey Andrew Storey Edw Wilson & Geo Buddle sev.ll.y pretend they never occupied any lands within the town fields or closes of Lobottle or of Dilston or if they did they never had any Corn growing therein. Whereas your or.ors expressly charge that ever sicne the death of John Radcliffe to Christmas last past they the sd sd John Stokoe Nichs Stokoe Wm Stokoe James Thompson John Thompson Matthew Thompson Mich Brown Thos Brown & David Brown Wm Swan Mich Swan John Swan Barth. Dun Robt Storey Andrew Storey Edw Wilson & Geo Buddle have sev.ll.y occupied & enjoted within the res.tive places sev.l large quantities of arable land from whence they have reaped great quantityes of corn wch they sold for great profit without ever having set forth the Tiths thereof <or yi[elde]d> your or.ors any composition for the same all which actings doings & pretence of the sd conf[eder]ates are contrary to equity & conscience & tend to the manifest wrong and apparent injury of your or.ors. 



In tender consideration whereof and for as much as your or.ors cane have no relief in the premises by the strict rules of the common law of this realm for want of such precise proof as is thereby required neither can your or.ors without the answers & corporal oaths of the conf.rates to discover the truth of all & singular the premises of the quantitys and values of the sd Tyths nor without the aid & assistance of this Hon.ble court compel the sd Ten.ts to acco.t with and satisfy your or.ors for the same so that your or.ors who do not insist upon any penalty of forfeiture for not setting forth the Tiths but content themselves with the single value thereof are properly relievable in this Hon.ble Court in a Course of Equity. To the end therefore that the sd John Bolton Dean & the Chapter of Carlisle and the Sir John Jennings Knt Govr & the commrs of the Royal Hospital for Seamen at Greenwich in Kent & the sd Nichos Walton Hugh Boag John Stokoe Nichs Stokoe Wm Stokoe James Thompson John Thompson Matthew Thompson Mich Brown Thos Brown & David Brown Wm Swan Mich Swan John Swan Barth. Dun Robt Storey Andrew Storey Edw Wilson & Geo Buddle & the rest of the conf.rates when discovered [annotated to the left: ‘does not this Interrogate us to discover the parties & to answer more p.ticularly’] may according to the best of their knowledge Information remembrance & belief full true & perfect answer make to all & singular the sd matters & things hereinbefore set out as fully & particularly as if the same were here again repeated & articulately interrogated to be answered unto & that the sd John Stokoe Nichs Stokoe Wm Stokoe James Thompson John Thompson Matthew Thompson Mich Brown Thos Brown & David Brown Wm Swan Mich Swan John Swan Barth. Dun Robt Storey Andrew Storey Edw Wilson & Geo Buddle may set forth & discover whether your or.ors & the sd John Bacon decd or some of one & which of them have or hath not been intitled from the death of the sd John Radcliffe who died 31st Dec 1731 to the time of your or.os fyling this Bill to all the Tith corn grain & sheaves of the Town fields & Closes of Lorbottle afsd belonging & appertaining to the sd parsonage of Whittingham or to some satisfaction in lieu thereof and also to all the Tith corn grain and sheaves of Corn yearly coming growing & renewing within the precincts limits & grounds of all every the territories fields lands tenem.ts & closes belonging  appertaining to the town village or hamlett of Dilston afsd parcel of the sd recotory of parsonage of Corbridge or to some satisfaction for the same or who else hath during that time been intitled to such Tiths and recd the same or any & what satisfaction in lieu thereof [annotated at left: ‘can’t tell’] & that they may also set forth & discover how many Acres or what other quantity of arable land they respectively held or enjoyed within the sd town fields & closes of Lorbottle and Dilston afsd either & which of them, in every year during the sd times & how many acres or what other quantity of afsd land they respectively sowed with corn & how many bushels or what other quantity of Corn they respectively had arising therefrom & what the same was worth to be sold and when where & to whom & for what price they res.tively sold the same distinguishing the years during which theyt res.tively have been in the occupation of the twon fields closes lands & tenem.ts out of which the sd corn tiths have arisen since the 31 December 1731 & that they may also res.tively set forth and discover the names of such other tenn.t farmers and persons as have occupied the sev.l lands in Lorbottle & Dilston afsd or either of them in their res.tive occupations at any & what particular time or times from the sd 31st December 1731 to Christmas last past & wch they or either  & which of them are or is living or dead and if living where the respectively live and reside & if dead who are their respective exe[cu]tors or adm[inistrat]ors or any or either or which of them res.tively now live and reside & that they may be compelled to pay & satisfy your or.ors for the full value of the sd Corn Tiths during the time aforesd & <w..> previous to any and what lease granted as afsd any and what application was at any time & when made to the sd Dean & Cahpter or to any & which of their agents by any & what person or persons on behalf of your or.ors Sr John Webb & Wm Bacon or of the sd John Bacon or either & which of them giving the sd Dean & Chapter notice that they or one of them was ready to renew this lease or leases and what answer was given to thereto & that the sd Nichos Walton & hugh Boag may be obliged either to assign the sd leases of the 23rd June 1741 to your or.ors or else to surrender the same to the sd Dean & Chapter of Carlisle so that your or.ors may be at libertry to renew them the sd lease of the 23rd June 1727 & that Sr Dudley Ryder Knt his Majesty’s Attorney General may answer the preem.es so far as may concern his Majesty’s Int[erest] & that your or.ors may be relieved in all & singular the prem.es according to Equity & good mconscience and as the nature of their cause shall require. 



May it please your Honours to grant unto your or.ors not only process of Distring [?distraint] as against  the sd John Bolton Dean &the Chapter of Carlisle but also his Majesty’s most gracious writ or writs of subpoena under the sael of the Hon.ble Court to be directed to the sd Sr John Jennings Knt Governor and the Com.rs of the Royal Hospital for seamen at Greenwich in Kent Nichos Walton Hugh Boag John Stokoe Nichs Stokoe Wm Stokoe James Thompson John Thompson Matthew Thompson Mich Brown Thos Brown & David Brown Wm Swan Mich Swan John Swan Barth. Dun Robt Storey Andrew Storey Edw Wilson & Geo Buddle & the rest of the conf.rates when discovered thereby commanding them and each & every one of them at a certain day & under a certain pain therein to be <lionitted> personally to be & appear before your Hon.rs in this Hon.ble Court then & there to answer all and singular the prem.es & further to stand to and abide such further Orders Direction & Decree therein as to your Honrs shall seem meet & your or.ors shall ever pray



Thos Browne

1st March 1742 Let process Issue T Parker