From Manx Soc vol IV,VII & IX
A.D. 1607.
STATE PAPER OFFICE, SCOTLAND.*
5 JAS I WE (whose names are underwritten) being assisted with the two Chief Justices, and the Chief Baron, have heard all that would be sayd by your Mats learned Counsell, concerning your Mats interest in the Isle of Man,
Whereby we find these three things that followe.
First, we find, by a Lre under the late Queens hand, that (during the times of the contention betweene the Erle of Derby and the coheirs) her Mats did cofihit the Custody of that hand to the Lo. Gerard : the rather upon information given by her Mats Atturney generall (now Lo. Chief Justice of the Common Pleas) that there was some imperfection in the grant wch was made by K. Henry 4 to the Erles Ancestors.
Secondly, we find, by the Judges Certificate under their hands, that (for anything wch yet appeareth to them) there is this imperfection in the grant of K. Henry 4 to the Ancestors of the Erle : that when he gave Sir John Stanley the Inheritance of the hand by tres patent, there was mention made, that the sayd Sir John Stanley had a state in it for terme of life, wch cannot be so accompted in point of lawe ; because it is held that it was not in the Kings power to grant him that state wch was there repeated, seeing the K. had geven that state to Sir John Stanley as soone as the Erle of Northumberland (from whome it escheated to the Crowne) did commit rebellion; wch was before there passed any Acte to attainct the Erle of Northumberland in forme of lawe.
Lastly, we find that the Ancestors of the Erle of Derby have continued owners of that hand from the 6 th of Henry the 4th downe to Ferdinando, brother to this Erle, wch is about two hundred yeares.
This being the true state of the cause, it resteth now in your Mats owne wisdome how to deale with the petitioners eyther in point of lawe, whereby the strict construction thereof (as these 3 Judges hold it) your Mats may pretend Title : or in point of Equitie : all wch we must humbly referr to your Mats owne gracious pleasure.
S. Dorsett,
Gilb. Shrewsbury,
E. Worcester,
H. Northampton.
[ ENDORSED.]
The reports of the LLds the Ks interest in the Isle of Man.
* Vol. 27, Art. 39.
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gratefully received The Editor |