[From Atholl Papers - AP X46-14]

To Basil Cochrane Esqr Governor of this Isle

The humble petition of James Brew & Paul Kelley of Douglas with all submission

Sheweth

That your petitioners concluded an agreement with Mr Charles Killey merchant in Douglas on the 3d day of May last, to inclose with a lime and stone wall 10 feet high, an intack belonging to Mr George Moore mercht in Peeltown near to the Fort at Douglas, agreeable with the dimensions contained in a plan and measurement of said intack, which he the said Killey at the time of our agreement shew'd to us in an office copy obtained of the records of this Isle and sign'd by the Clerk of the Rolls, our agreement was that said walls were to be made agreeable with the said plan under the conditions of the sum of two hundred pounds in nature of all fines within this Isle payable to his Grace the Duke Lord of the Isle the party aggrieved. That in consequence of said agreement your petitioners proceeded to the building of said walls and at laying the foundation were visited by Capt Paul Bridson of Douglas who was attentive that no encroachments were made The building has been carry'd on and is now enclosed with a wall in several places nigh six feet high and the filling up of the ground with rubbish sand and gravel is nigh finish'd which was a work of great labour and expence but so hazardous and precarious is the situation of the premises that two several breaches have been made by the sea on the wall on the south side. The first time about 20 feet were taken down and the second time about 120 feet of the wall was laid level and the greatest part of the rubbish &c for filling up, was washed away by the sea to the great loss and detriment of your poor petitioners.

That your petitioners were charged to Castletown to appear before your honor on Fryday the 2d instant on a process or suit commenced by the Attorney General of this Isle against the said Moore alledging that an encroachment was made in the Lord's property by said enclosure, to which process or suit your petitioners know not whither they are charged as parties or evidences having not been admitted to give proof in respect of said encroachment.

Your petitioners were present in court when your Honour declared as if there was an encroachment made and that the wall on the north east corner must be taken down, your petitioners therefore most humbly beseech your Honour to consider the distresses your petitioners will be plunged into by means of orders directed in consequence of such a declaration.

For if the walls be taken down by means of such orders your petitioners will be rende4rd subject to the following damages that may happen and be made liable to the payment of said penal sum of two hundred pounds sterling, for recovery whereof the said Attorney general and any attorney acting by appointment of said Charles Killey may commewnce a suit to the ruin of your poor petitioners and their distress'd familys.

Your petitioners therefore approach your honour yo lay before you this their deplorable situation setting forth the neccessity they are hereby under to make appear that no encroachment has been made and that your honour will be so indulgent as to admit that proof be taken on the premises in a legal way, that at the taking of these proofs the Attorney General my condescend to be present and that a return in consequence of these proofs may be made to your Honour for your petitioners make no doubt by legal proofs but that they will make to appear that no encroachment has been made and are hopefull on your honour's view of this return that your honour will graciously condescend to let the merits of the encroachment rest thereof and for this salutary purpose your petitioners apply to your honour that authority may issue in the legal channel or by whatever means are deem'd legal.

Your petitioners believe that your Honour's ears are open to the cries of the distress'd and that they may be indulged in all such cases where the redress is hop'd for from an adherence to law and which your petitioners claim the benefits of as their birthright and therefore humbly beseech your honour and pray

That your honour will be pleas'd to allow of authority and that the same may be granted with proper time so that your petitioners having the benefit of legal proofs in respect of the premises and it thereby appearing to your honour that no encroachment has been made your petitioners my be preserved from the impending ruin which threatens them and their familys which granted your petitioners as in duty bound for your Honour's everlasting happiness shall ever pray &c

copy signed by James Brew Paul Kelley his mark

5 Feby 1759

To Basil Cochrane Esqr Governor of this Isle

The humble petition of James Brew and Paul Kelley of Douglas with all submission

Sheweth

That your petitioners apply'd to your honour by petition dated the 5^th instant praying that authority might be allow'd them whereby they might be able to exhibit legal proofs in respect to an encroachment which is said to be made at the intack near the Fort of Douglas. Your petitioners deny the said encroachment and are ready and willing to make this appear.

The walls being built agreeable with the plan which they refer to as legal proofs your petitioners are greatly embarrased about what stops they should take in this emergency, your honour havibng given for answer to said petition that you had nothing to say to your petitioners but desired Paul Kelley one of your petitioners to go to his attorney for advice.

Your petitioner have accordingly apply'd to their attorney who advises your petitioners either to get a reference to the said petition of the 5^th instant or to get it return'd from your honour and that your petitioners apply to the Deemster for his authority and token to charge the Great Inquest and evidences to give proof on the premises.

Your petitioners most humbly pray that your honour will grant a favourable reference to their said petition dated the 5^th instant or that your honour will be pleased to return said petition to the end your petitioners may apply to the Deemster for his authority and token to summon the Great Inquest and proofs according to the law and practive of this Isle that a return maybe made accord=ly and your petitioners as in duty bound shall ever pray &c

copy signed by James Brew Paul Kelley his mark PK

9 Feby 1759

Memorandom [sic]

Of the conversation that passed between the Governor in his bed chamber at Castletown and James Brew and Paul Kelly on their preferring a second petition to him on Fryday the 9^th Febry 1759 relative an intack belonging to Mr George Moore mercht in Peel which they were undertakers of

They said James Brew and Paul Kelly being shewed into the Governor's room he asked them in these words what do you want they then preferred him a petition, which he after looking over returned them together with a former one preferred the 5^th instant, to which James Brew spokke in these words, will your honour grant a reference to either of these petitions to which the governor reply'd I have nothing to say to you or any other but Mr Moore, the said James spoke to the governor again in these words who then shall we apply to, to which he immediately answered I have nothing to say to you

copy signed by James Brew Paul Kelley his mark PK

Memorandum

That James Brew and Paul Kelley apply'd to Deemster Taubman on Fryday the 9^th Febry ^1759^ for his token to convene the great Inquest on a supposition that there was an encroachment made on the Lord's property by the said undertakers, which they are willing to have try'd by a legal process according to the laws and practice of this Isle.

Paul Kelly one of the undertakers presented a stone to Deemster Taubman demanding his token to convene the great Inquest to find out the boundary between Mr George Moore's intack and the Lord's common or wast ground, to which the Deemster answered is it not between the Governor and Mr George Moore - two great men - I'll have nothing to say to it and threw the stone away, then Paul Kelly demanded his token a second time, to which he answered in these words, I will not, the aforesaid was all done in the presence of Silvester Halsall and William Quayle

Silvester Halsal X his mark William Quayle X his mark

copy signed by James Brew Paul Kelley his mark PK