[From Lib Scac 1702]

Report into Tenancy of Knockaloe, 1702

[Page 43]

Report of Commission Novemb 26 1702

We the Governr Officers Deemsters and as many of
the 24 Keyes as were appointed by the Governr order
whose names are subscribed in obedience to our Honble
Lords order bearing date the 24th Sept last requiring
us to take [] and Examinacon of the Tennant
right and tytle of Silvester Cross of the city of Cork
in the Kingdom of Ireland Esq to the Tenemt of
Knockaloe in this Island and to report unto his
Lopp to whom the tenemt right or tytle of the said
Estate according to the antient lawes & Customs of
the sd Isle doth belong and who of right ought to
be admitted tennant to the same having this
day called both parties before us to proceed according
to the purport of his Lops said order the proceedings
and coppys of record offer'd in behalfe of the pltff
Silvester Cross to make out his Tennant right to the
premises appeares to us to be as folls

Upon perusal of which said coppys of record we find the
pltff predecesrs the Crosses to have stood antient tennts
for the said estate of Knockaloe in the rent rolles of this
Island (except one prcell of land belonging to the same of
7s 1½d rent which is said to be purchased by Wm Cross
who was entered for the same in Anno 1639) till this deftt
Hen Harrisons grandfather Sr Tho Harrison came into ye
same who was entered anno 1651.

L. Scacc 1638

That in the year 1637 Will Cross the antient tennt of
Knockaloe went into Ireland and sett the sd estate unto
Sill Ratcliffe his wifes father he paying the Lords Rent
and allowing his the sd Cross's mother a competancy out
of the sd estate in liew of the widowright therein as
appears by an order of court of the 11th Oct 1638

Comp Anno 1643

That in his absence (the Rt Honble Earle James Comrs
being in the Island to grant leases) Margery wife of

[page 44 right margin lost in binding]

the said Will Cross did on behalfe of herselfe and her [said?]
husband compound for the said estate for £5 five []
shill of wch she paid in Aprill 1644 and the other []
shills were paid by Sr Thomas Harrison in her behalf
the Augt following. Tho Ratcliff son of the above named
Sill Ratcliff being one of the lives in this lease lived
till Anno 1701 and the right of Sill Cross and his heires
was reserved in the said lease

Vide Lease anno 1646

The said Sr Tho Harrison did after the taking of this []
lease marry the said Margery Relict of the sd Wm Cross
who (after her marriage) did surrendr the sd lease tak[en]
in behalfe of herselfe and her former husband as aforesd
and this said Sr Tho Harrison her then husbd compo[unded]
in his own name and his sd wife Margery names as []
said estate Anno 1646

Lib Vastar 1651

That the name of the said Will Cross did still continue []
the Rent Rolles notwithstanding this lease till the year
1651 as before recited and then he was drawn out and
the said Sr Thos Harrison and Margery his wife entered
these words vizt Will Cross drawn and Sr Thos Harrison
Clerk and Margery his wife are entered by vertue of a
grant from and under the Rt Honble the Lord of this Isle
his hand and seal and (as the said Sr Tho Harrison []
composcon for the same with his Lop.

In the year 1655 Silvester Cross son of the said Will Cross []
uncle came into this Island and peticoned Math []
then Governr under the Lord Farifax etting forth among
other things that Margery his wife of the sd Will Cross
having marry'd Sr Tho Harrison forfeited her widow
right by law, and the Sd Tho Harrison to
procure a property to himselfe procured a private
grant from the late Rt Honble James Earle of Derby
without consent of the next of kinn, and that since the
said Margery and her child by the sd Will Cross as also
the sd Will Cross brothers and sisters were all dead that
he had the most legal right to the said tenemt as next
surviving heir apparent besides a just tytle and claime
he had to the same by covenant betwixt the sd Will Cross
and the peticonrs father, and pray'd an order for the
enjoyment of the said tenemt or that the officers and

[page 45]

and 24 Keyes might take the examinacons and determinacon
of this matter and the 16th May 1655 the Govrnr answer'd
that in regard the Lord Fairfax had confirmed this grant
made by the Rt Honble the late Earle of Derby unto the sd Tho
Harrison and Margery his wife he thought it not proper
to give way to any further proceeding without his Lops
express order. And the 30th May 1655 the Lord Fairfax
having perused Mr Tho Harrison and Mr Silvester Cross's
papers concerning the said Tenemt to wch sd tenemt Cross
pretended a right as next of kindred and finding the said
lease to be justly granted by the late Earle of Derby and
confirmed by his Commissonrs orders and determined the sd
lease granted to the said Harrison and his wife to stand
good during the full terms notwithstanding a refferences
granted by him to Cross which was only at liberty to
clear his tytle to make him more capable after the
expiracon of the said lease after what manner to
conyed ? fo ? himselfe if this right be found in him  as he
pretended.

The 28th July 1655 the Govrnr and officers in obedience to
Lord Fairfax's refferences having considered the matter
betwixt Cross and Harrison declare that in regard his
Lop had determined the said tenemt to Harrison during
the term of his lease they desist to say any further in it
save only the the former tennt Will Cross being dead &
his sons also the tenemt should have come to the next
of kindred by the antient and customary lawes of this
Isle which tytle of next of kindred the sd Cross alledged
to be in himselfe and that his father had disbust
£125 upon the tenemt afforesaid.

In Sept 1660 upon a peticon of the sd Silvester Cross by
his attorney Will Quaile the Govnr Officers & Comrs
under the Rt Honrble Charles Earle of Derby order the
24 keys to make report unto the said Earle as to his Lieut
to whom the tennant right of Knockaloe by the antient
Law customs and usage of this Isle doth belong and in
case they find the tennt right to be in Cross whether
he ought not to clear all mortgages debts and fines
as now are or heretofore have been upon the same the
1st Oct 1660 Harrison peticons to have ye Deemsters joined

[page 46 right margin lost in binding on film]

with the 24 Keyes and the said Goverrnr and Comrs and []
officers and Deemster to []ie in making the Report []
accordingly the 23d Oct 1660 the De [] doo []
and 24 keyes find and so report that by the antient
Law Customs and usages of this Island the Tennt right []
Tenemt of Knockaloes afforesaid doth belong and of  Right
appertains unto the said Silvester Cross as next of Kin
unto the Will Cross the former Tennt thereof, and when
the said Tho Harrison did alledge and plead that the
tenemt fell unto the Lords hands through the defe[]
the said Will Cross or next of kinn the same did no
way appear unto them by any seizure made by []
Lord or his officers or any record in that behalf a[nd]
therefore find the tennant rights in the next of
kinn as afforesaid. And as for the lease produce[d]
by the said Thomas Harrison clerk touching ye pri[]
from the Rt Honlble James Earle of Derby they leave
consideracion thereof unto their Rt Honrble Lord a[nd]
they further say that the said Silvester Cross as [next]
of kinn as afforesd before he be admitted tennt []
according to the same law customs and usage of this I[sle]
defray and clear all such mortgages as the said tennmt [or]
any part thereof was engaged at the departure of the [sd]
Will Cross out of this Island as also the necessary []
since by the said Tho Harrison clerk, and the fines []
further admittance they leave likewise unto his Lops
consideracion.

LibScacc 1662

The 13th Nov 1661 the Rt Honrble Charles Earle of Derby
upon this informacion of the officers deemsters & []
reserved his order therein till his coming into the Island
and in the mean time ordered Harrison to enter into []
bond to be accountable to Cross for the profitts of the []
estate since his suit commenced in case the Right sho[uld]
be found in the sd Cross, and the 13th May 1662 he the
sd Harrison entered into bonds accordingly

In the yeare 1678 Cap Epenetus Cross in behalfe of hims[elf]
and his brother Sill Cross peticconed the Rt Honrble
William Earle of Derby, setting forth their tytle to
Knockaloe and pray'd that his Lop would please to take
[page 47]
take the determinacion of the case himselfe or refer it to
such as were indifferent and Augt 22th 1678 his Lop referred
it to the Govenr Deemsters and officers of this Island to
determine the same according to the laws and customs
of the said Isle and the 25th Sept following they made
an order therein as foll vizt  Upon hearing of the
whole business in controversy betwixt Cross pltff and
Harrison deft according to refference to them directed
by the Rt Honrblr William Earle of Derby and upon ye
consideracon of all the arguments and allegacons on
both partes they conceived that the main weight of ye
whole matter lay upon the validity of two leases
granted by the Rt honrble James Earle of Derby the
first dated the 19th year of King Charles the first and
the second in the 22d year of the same, the former of
which lease they find to be surrended into the hands
of the abovesaid Earle by Margery the relict of Will
Cross after her second marriage with Sr Tho Harrison
clerk by the surrenr of wch former lease (there being two
of the lives then remaining she did they conceived as
much as in her lay go about to destroy the tytle and
right of the heyres of her former husband Cross and
to introduce a stranger and one of another name into
the succession of the farme called Knockaloe, and
forasmuchas both the sd leases were duly executed by the
said Earle James, they humbly referred it to the judicious
consideracion of their Rt Honrble Lord whether of the leases
he should judge of greater force humbly conceiving
that there was none so proper to judge of the actions
of his noble predecessrs as himselfe.

There appears no further proceedings in this case to us
till anno 1700 and the Sill Cross as attorney to the
afforsd Epenetus Cross peticioned William Earle of Derby
(his Lopp being then in the Isle) concerning his right in
Knockaloe then in possession of Hen Harrison
and his Lopp caused both parties to appear before
him and having taken a full hearing of the said
cause, and it appearing that what claims & rights he
[page 48 - right margin lost in binding]
he the sd pltff made to the said estate was grounded upon
antient tennants right which he plaeded to have d[rawn?]
from the ancestors who were former tennts to the same
forasmuchas that particular of the peoples tenncy
lay then uder his Lops consideracon and that he desired
speedyly to settle that affair in general to the whole
for that reason his Lopp did forbear making any det[ermina=]
tion in this case and in the mean time ordered the de[fft]
to enter into bonds with good securitys to be acc[ountable]
for the growing profits of the said estate and the 23[]
1700 Harrison entered into bonds accordingly and []
Lop dying before any further proceeding in this matter
the sd Cross peticoned your Lop several times and []
yor Lops ordr for the Governr officers and 24 keyes [to]
examine and report the matter but most of the sd
Keyes (contrary to the usuall practice in such cases
and may precedents of this nature) refused joining
in reporting the case to yor Lop, but upon yor Lop[]
order of the 24th Sept last, requiring us to examine
and report the matter to yor Loop we have in humble
abedience to the same laid this case as afferr'd by [the]
pltff in manner as is before sett down according as []
same hath appeared unto us.

And the defft being required to produce and lay bef[ore]
us what papers and evidence he had in answer to what
hath been offerr'd by the pltff as before recited he only
upon the opening of the case made some objections as
concerning the power granted by the sd Sill Cross and
whether he was right heir or successor to ye antient
tennt Will Cross wch particular was cleared and full 
satifaction given to the court therein, and the sd deft
being further required to make what defence he could
after the pltff had set forth his case, he answered that
when this cause came by course of comon law he would
join issue but refused to make any further defence in []
court only delivered a paper (wherein there are false
assertions) and desired the same might be presented
to yor Lop wch paper we have accordingly transmitted w[]
this state, and endorsed thereupon the false assertions
therein menconed.
[page 49]
And now upon what has appeared unto us in this
matter we are of opinion that the order made by the
Governr and officers in anno 1678 seems to be a short
and true state of this case, that Margery the widow of
the antient Tennt Will Cross, after her marriage with
Sr Thomas Harrison did all that in her lay to introduce
her latter husband Sr Tho Harrison afforesd into the
estate of Knockaloe thereby to deprive the heires of
her first husband ye sd Cross of their antient right
therein and thereunto. And we are also of opinion
that upon her second marriage she lost her widowright
in this premises by the lawws of this Island and
consequently by that and the Act of 1645 was made
incapable of surrendering her former lease in prejudice
to the succeeding and rightfull heires of ye sd estate
which said right and heirship appears now to be in
the pltff Silvester Cross of the city of Cork in the Kingdom
of Ireland esqr as well by the sd statute of 1645 as by the the
antient customary law of this Island, And in regard
that the lease formerly granted to the deftts predessr
Sr Thomas Harrison is now expired which appears 
to us to have been the only barr agt the sd plntff the Crosses
possession, we are of oppinion that the sd pltff Sill
Cross of the City of Cork afforesd ought of right to be
admitted Tennt to the sd estate of Knockaloe now 
in controversy and to fine for the same according
to the present Act of Settlemt  Reserving only to
the heires exors or admrs of the sd Margery the wife
of the sd sr Tho Harrison what right she might have
to halfe of that parcell of 7s 1½d purchased by 
her former husband Will Cross anno 1639 as the
same shall appeare to be due unto them

Nich: Christian   Jon Parr  Robt Mawdesley
Jon Wattleworth   Dan Mcylrea  Christ Parker
Thomas Christian             Wm Sedden
Sill Radcliffe
Robt Curghy

Any comments, errors or omissions gratefully received The Editor HTML Transcription © F.Coakley , 2010