SD114. James Scarlett to Edward Moulton-Barrett (father)
Published in The Brownings’ Correspondence, 1, 309 (in part).
Richmond, Yorkshire
Sept 19th 1808
My dear Barrett
I reced your letter this Morning. Moore wrote to me a few days ago upon the same subject—but his letter did not contain all the particulars which were necessary to enable me to form a correct judgement of the point on which he consulted me. I however wrote to him yesterday & addressed my letter to Staple Inn where his chambers are. I agree intirely in opinion with Mr. Butler in thinking the title safe—but in case you wish to sell again or to mortgage it is very possible that the existence of the deed you allude to may, during the Minority of the parties it was intended to provide for, throw some obstacle in your way. I have however suggested to Mr. Moore certain inquiries which I think will tend to remove the doubts, & if those inquiries turn out as I think they probably will, I shall feel no objection whatever to the title.
With respect to your question how far your letter may bind you to complete the contract, I cannot answer it without seeing the letter, as every thing depends on the manner in which it is worded. At all events you cannot be bound to accept a bad title & it will be in your power to resist until the other party can procure a decree of the Court of Chay. to compel you– But such a decree cannot be obtained without a decision by the Chancellor that the title is good[.] If therefore any serious doubt shod remain about the title, the expense of a suit in Equity will be no object in order to have it removed & your best course would be to refuse complying with the contract unless they take that course to compel you which may put them upon the proof if the goodness of the title.
I am extremely glad to learn that your mother approves of Mickleham & the house there. She may keep it for three years from last May, if she likes it, at a small abatement of the rent. Sam is now at Seaton. He was here for three days to see me. He seems bent on making this purchase of the Plantation. I must say that I think it very injudicious of him—but all that I have been able to effect is to prevent his giving as extravagant price for it. With this view I have prevailed on him to entrust Mr Robinson of Richmond, a very respectable & steady man of business, with the negotiation & to limit his authority to a certain price– From what I learn the Stalis (to whom the house belongs) are likely to ask a much larger sum, & upon this point I hope the business may break up. (This is between ourselves.) Sam lives at Seaton where he is very popular. I wish we could prevail upon him to be less liberal in making gifts–It is not the value of the money that I should care about; but it is the character it gives him of carelessness & extravagance. He will always find people to receive his presents—but they will laugh at him & others will join them. It might be useful to him if you would write to him on this subject. Do not say that your intelligence comes from me for that would spoil the effect of your admonition, as he would think that I was only repeating through you what I had already told him. But you might say in general terms that you have heard he is ridiculed by many persons for the facility with which he is always making presents to every body, & that you are sure the time will come when he will find that his liberality has not secured him all the friends he expected. I assure you that this disposition of his to give every thing away is a common topic of conversation <in> these parts, & tho his good temper & vivacity made <him a general> favorite yet I have reason to believe that many respectable persons who would be very glad to court his society are rather afraid of doing so lest they should be either thought to have their own interest in view, or be put to the necessity of refusing his presents. At present this is the only fault I have to find with Sam.
I had a short letter from my Mr Robert by the packet mentioning the sailing of Philip. It is unfortunate that I cannot be in town before the middle of October to receive him. I take it for granted his stay will be very short. Mrs S. desires to join me in best regards to Mrs Barrett & your mother[.]
I am My dr Barrett
Ever yours most truly
J Scarlett
I hope Sugar is selling better
Address, on integral page: Edwd M. Barrett Esqr / Mickelham / Darking / Surrey.
Docket, in the hand of EM-B (father): Mr J. Scarlett / Sepr 19. 1808 / Richmond.
Publication: None traced.
Manuscript: Eton College Library.
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