Enclosure letter From Francis Burton Aynho 10th Feb 1758

Revd. Sir

Tho I have made a considerable progress in the particulars of the College Estate at Helmdon yet I do not think it quite complete. As soon as it is finished I will not fail to send it to you, but in the mean time would mention what hath occurred to me upon considering your Tenants petition to the College in respect of the Inclosure. The restraining clause struck me at first; But however some sort of consideration for the expense the tenants will be at seemed to me (as I had ye honour to mention to you in my last letter) to be but reasonable. The next day I set myself the task of calculating according to the best of my abilities, what the values of that consideration ought to be, and unless you have yourself already considered the question, I dare say you will be a little surprised to hear that they have no claim to any kind of allowance whatever. I do not mean only that they have no legal claim but that moreover they have no sort of pretentions, in Justice or Equity, to any such consideration. The improvement of your Estate with their money is a popular specious argument on their side but I think I can prove that your Estate improves their money in a greater proportion and that if you were to take Fines at the very next renewal, according to the improved Rent they would have no just reason to complain. I am sensible that you are obliged to the tenants for this method of improving the Estate, and that it is highly proper for Colleges to encourage their Tenants in Improvement of every kind. I have also great regard for several of your Helmdon tenants, and should be sorry to see anything to the prejudice of any one of them. I doubt not however, that their petition was framed in an hurry and cannot help thinking that if they had consulted me about it & given me a few hours to consider it, I should have prevented their asking for what is so greatly unreasonable for the College to grant.

Mrs Jackson wants to sell her lease, as I hear, but no one is about it. Can the College spare money to purchase it? If I could I think it is one of the first things I would buy and renew the lease at the improved rent without murmuring supposing that I could buy it at an usual and fair price of Mrs Jackson Jn..

If I should upon further consideration find myself mistaken I hope you’ll pardon me upon my retracting any errors I may have committed. The Enclosure meets with some little obstruction from the Rector but I hope it may be got over.