[From Lib Scac 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.
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
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
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
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.
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