Letter – William Radley to Thomas Corbett – 3 Dec 1735

To Thos Corbett Esqr

Sr	

      I desire you will please to acquaint the Board that in Obedience to their order I have examined what part of the late Derwentwater Estate are charged with the Severall Incumb[e]rances now remaining thereon & find that the first is a Mortgage claimed by Cuthbert Constable alias Tunstall Esqr which was created by a Charge of £5000 in a Settlement made by Francis Earl of Derwentwater on the Marriage of Edwd his eldest Son afterwards Earl of Derwentwater with the Lady Mary Tudor for the Portion of the Lady Mary Radcliff Daughter of the sd Francis & Sister of the sd Edward Earl of Derwentwater and for Securing the payment of the sd Portion and the Int[erest] thereon due, the sd Edward Earl of Derwentwater obtain’d an Act of Parliamt in the Year 1699 for Mortgage such part of the Estates mentioned in the sd Settlemt recited in the sd Act as were not therein excepted, and by Deed dated on or about the 21st April 1699 there being then due for Int[erest] for the said £5000 the Sum of £900 which he the sd Edwd Earl of Derwentwater desired to be continued in his hand and adding the Int[erest] to the Principall did Mortgage unto the said Lady Mary Ratcliff the Manours of Spindleston & Ulchester in the County of Northumberland with the Farms thereunto belonging for the Term of 500 years Subject to a Proviso of being void on the pay[m]ent of the sd Principall Sum of £5900 and Interest to become due at 6 per C[ent] on the 22d day of April 1700 that in the year 1717 the Lady Mary Ratcliffe enter’d her claim to the sd Sum before Comissrs of the forfeited Estate which was afterwards heard & allowed & in the year 1722 made her Will & gave it to the sd Cuthbert Constable who became thereby Intitled to the same.

	That in the above mentioned Deed of Settlement there was a Provisoe that if the sd Edwd Earl of Derwentwater shou’d have a Son by the sd Lady Mary & one or more young Child or Children it shou’d be Lawfull for him by any Deed or writing testified by three credible Witnesses or by his last Will to charge or appoint out of the Barony of Langley and the Manours of Whittingstall, Newlands, Dilston, Aydon Shields Wark Elrington Meldon Spindleston Ulchester, Coastley Middleton Hall, Thornton East Thornborough and the advowson of the Church of Simondb[ur]n in the County of Northumberland the Manours of Scremerstson in the County of Durham and the Manours of Castlerigg Derwentwater & Thornton Severall Annuity of Gross Sums for the Portions and yearly Maintenance for such younger Child or Children and by vertue of the said Provisoe he did charge all the before mentioned premisses with the Gross Sum of £3000 amongst other things for the Portion of the Lady Mary Tudor his Daughter payable as therein is mentioned who also mad[e] her claim to the said Portion before the Comissrs of the sd forfeited Estates which was allowed off and she afterwards inter marrying with William Petre of Bellhouse in the County of Essex Esqr who in her right demanded the said Portion the Sum of £3000 was borrowed of Dr Hugh Chamberlane and for Securing the paymt of the Money so borrowed the Lady Anna Maria late Countess of Derwentwater her Mother & the sd Wm Petre & the said Lady Anna Maria Petre his wife did assign by Indenture dated 1st July 1722 the sd Portion of £3000 to the sd Dr Hugh Chamberlane and directed that the Heirs of Sr Martin Folks the surviving Trustee for raising the sd Portion shou'd stand Seized of the sd Severall Manours & Estates before mentioned till the sd £3000 and all the Intt thereof shou’d be fully satisfyed to the sd Dr Chamderlane his Execurs Administrs & Assigns

	And that James late Earl of Derwentwater father of Anna Maria Lady Petre did on his Marriage with Anna Maria Webb late Countess of Derwentwater in 1712 by proper Conveyances limitt the sd Barony of Langley and the sd Monours of Whittingstall Newtan Dilston, Aydon Shield, Wark, Elrington, Meldon Spindleston Ulcher Throckley Coastley, Middleton Hall East Thornton West Wood & Thornborough and advowson of the Church of Simondburn in the County of Northumberland and also the Manours of Castlerigg Derwentwater & Thornwhaite in the County of Cumberland and also the Manour of Scremertson in the County of Durham unto Trustees therein named for 500 years to commence from the Death of the sd James late Earl of Derwentwater without Issue Made in Trust for raising £20000 for the Portion or Portions of the Daughter or Daughters of the sd Earl by the sd Anna Maria Webb in case of failure of Issue Male before he or they attained the Age of 21 Years to be paid to such Daughter or Daughters at the Age of 18 or day or days of Marriage which shoud first happen with the yearly Maintenance of £500 if there shoud be but one Dau[ghte]r till the Portion became payabley Jno Radcliffe Esqr the only Son of the sd James late E of D by the sd Anna Maria Webb dying under Age & without any Issue, the Lady Petre his Sister & only Daughter of the sd James E of D and the sd Anna Maria his Wife became Intituled to the £20000 Portion and made her claim to the same before the Comissrs of the forfeited Estate which was allowed off

	By which Severall Settlements it appears that all the Estates in the present Rentall (except the Manour of Alston Moor) are charged with the sd Incumbrances and by the present Act of Parliamt for appropriating the Rents and Profitts thereof for and towards finishing & compleating the building of the Royall Hospitall and afterwards for the Maintenance of the Seamen therein that for the paying off the sd Mortgages & Incumbrances (except the Annuity of £100 per Ann[um[ to the Lady Catherine Radcliff) it is Enacted it shall be Lawfull for the Attorney Generall by his Majestys Derections for the Severall Mortgages and Incumbrances to apply to the Court of Exchecquer at Westminster by motion in a Summary Way for the Sale of the absolute Fee Simple and Inheritance of such part or parts of the sd Barony Manours & Lands charged with the sd respective Incumbrances as shall be Sufficient for Discharging the same to any Person or Persons being Protestants, upon which Motion it shall be Lawfull for that Court to make such order or orders for such Sale or Sales as is usual in Cases of Estates directed to be sold by Decrees in in Courts of Equity and if there shall happen to be any surplus of the Purchase Money it shall be applyed for the benefitt of the said Hospitall, and on payment on such purchase Money one or more Grant or Grants of Such parts or Parcells of the said Estates as shall be sold shall be made or passed under the Great Seal of Great Britain to every Purchaser or Purchasers and on full payment on the principall, Interest & Costs due on the said Severall Mortgages & Security before mentioned the said Mortgages and Incumbrances and their Trustees shall Assign and Convey their respective Securitys on the Estates which shall be sold to the respective Purchasers thereof to any Person or Persons to be named by such Purchasers respectively at the Cost of Such Purchaser in such Manner & by such Conveyances as the said Court of Exchequer shall derect and so much of the said Estates as shall be included in such incumbrances which shall remain unsold at the Costs of his Majesty be assigned by such Mortgages & Incumbrances to His Majesty his Heirs and Successors or to such Person or Persons as He or they shall appoint Subject to the Directions for applying the Profitts as afore said  Therefore as the Severall Incumbrances before mentioned do almost cover all the Estates now vested in His Majesty and appropriated to the use of the Hospitall, and Provisoe made by the above recited Act for Selling such part or parts as shall be Sufficient for the Discharge of the same, there seems to want no larger power or more Speciall Authority for that purpose than what is already Given and provided by the said Act, but for the better clearing up any doubt which may remain touching the Explanation of the said Act of Parliamt touching this point it may be expedient to take the opinion of Counsill thereon

	And as to M[r] Dalavals case relating to the Tyths it will be necessary to know by what Grant or Lease or how he is in titled to these Tyths and under what Covenants the Grantor are for the Grantees quiet Enjoyment of them, & if these Lands paid Tyths in kind when undivided and in Common the dividing and Inclosing of them.  I humbly apprehend can make no alteration in this Case, nor make them Subject to the Modus of the Freehold Estates, to which these common Lands are now annext or added but this is a Case very necessary certainly to be advised of by Counsill, and for that purpose it will be proper to see Mr Dalavals Grant or Lease and how he Derives his Title to them, and if these Lands laid to their respective Freeholds have time out of mind when in Common paid Tyths in kind and that the Modus was never sett up till the separation and inclosure of them.    

      I am Sr Your most H[um]ble Servt

      William Radley

December 3d 1735