Letters – James Scott to Walter Blackett – 1 May 1759

To Sir Waltr Blackett 1st May 1759

Hon[ourab]le Sir 

Mr Richmond has left with me a copie of a bill that is filed by Mr Ord against you, Lady Blackett, Tho  Wentworth Esq, the reverend Mr Rastall and his wife, w[hi]ch I have carefully perused. I apprehend Mr Ord does not by it intend to compell the specified performance of the Award made by Mr Collingwood and Mr Fenwick or to establish the Boundary between the manor of Hexham and the Manor of Whitfield or to bring any of the matters in dispute formerly, at present <in Leaste on> But Mr Ord being sensible that as you are only tenant for life and the submission being only between you and him as far as related to you only that the award would be no further binding than against you, and that Lady Blackett in case she survived you, and Mr Wentworth and the other persons in remainder when the Estate come to them, might set up <the.. …..> & could not be barred or inquired with respct to their claim by the Award, & that the examinations of the witnesses upon the award cannot be allowed as evidence many court ag[ain]st them the whole design of the bill is only to have a comission to examine Mr Ords witnesses so as to perpetuate their testimony & he may have the benefit of yr testimony in case they sh[oul]d dye, whenever he shall meet with trouble with relation to the boundary between the two Manors I no doubt of it is very prudent step in him to secure for ever w[ha]t is awarded to him. And I think if it shall be worth the expense that may attend that it will be as necessary to have your witnesses examined to perpetuate their testimony as in his case it shall be thought proper at any time hereafter for the persons in remainder to contest this matter. For if they are not examined as it is probable all yr old witnesses that can prove yr bounder of your Manor & the Badges of owners[hi]p that have been used by lords of the manor will be dead the benefit of their testimony will lost before any dispute may happen in this affair & then Mr Ord will as effectivally secure the whole as if all the psons intrested had conveyed the same to him, for whenever there shall be a contest he will have the benefit of the testimony of their witnesses that are dead. But the consideration of it must be left to you. Mr Ord in his bill has set forth the boundary of hs manor as he claims it and also the boundary of yr manor & also the Award made by Mr Collingwood and Mr Fawcet. But I think notwith standing what you have done and the award that you Lady Blackett and Mr Wentworth may deny the boundary to be as set forth by him and set forth the boundary of your manor as you claim it and you may deny what Mr Ord charges to have been done by the owners of manor as badges of owners[hi]p. It will be necessary to have appearances for you Lady Blackett and Mr Wentworth and Mr Rastall and his wife entered and you must all put in your ans[we]r to the bill. I make no doubt but you will lay this bill before some eminant council and take his opinion of what will be proper for you to do and draw your ans[we]r. And if you think fit you may let him see this letter. If there is anything further that I can serve you in this or any other affair I hope you will freely command.

Hon Sr yrs &c James Scott