Crossle Record
Page 129
Exchequer Bill:-
(65-7 )John Mack, PLT. James Patten, John Beatie, James Perry, Hugh Browne, and
Hans Fairley, Defts.
21 July 1701 Answer, Patten, Beatie, Brown, and Perry 7 March 1701 [-2]
Plaintiff John Mack of Magheridroll, county Down, yeomon, sheweth. That Hans Fairley of Liscorine, county Down, gent., being possessed of the rectorial tithes of the parish of Magheridroll, co. Down, by virtue of a lease made to said Fairley of said tithes by the Rt. Rev. Capelt late Bishop of Dromore for a term of years yet unexpired. That Fairley by lease dated 27 Oct. 1695 to farm let to PLT., inter alia, the rectorial tithes arising and of the town and land and water mill of Magheriknock ( being part of said parish) for 14 years from 1 Nov. thru next at a rent mentioned in said lease as may appear in the hand of PLT’s attorney. That PLT entered into possession of the premise and paid his rent to Hans Fairley. That when the season for gathering in the harvest and so consequently for collecting said tithes came, viz : on 1 Oct. 1696 PLT came to Magheriknock to collect same from the tenants; but one James Patten and John Beatie pretended they had a title thereto made to them in Oct. 1696 from Hans Fairley of said tithes for the same term as PLT. had therein and devised to pay PLT the tithes for said mill or out of Magheriknock which they then held and enjoyed. That Hans Fairley by articles dated Nov. 1697 did also to farm let to PLT. The rectorial tithes of the town and lands of Ballycrune (part of said parish of Magheridroll) for 12 years from 1 Nov. 1697 at a rent therein mentioned. That said James Patten and John Beatie also pretended a title to said tithe of Ballycrune by virtue of their aforesaid pretended deed. That Hans Fairley collected said tithes since PLT’s right thereto and they all have converted some to their own use. That if any such agreement was made, as is pretended between Hans Fairley to James Patten and John Beatie it was never reduced to writing nor did Hans Fairley ever demere same except as hereafter set forth: viz : that said Beatie in Patten’s absence proposed to take the tithes for the use of Patten and that said pretended deed was to be void if Patten did not in a very short time procure PLT’s consent thereto and a release to Hans Fairley from PLT. of PLT’s title; and also provided that said Patten should within a few days after the time of said pretended treaty by writing confirm said agreement of Beatie’s as aforesaid. That neither of said articles or agreement was ever performed by James Patten and John Beatie and if they ever did execute same if was performed long after the tithes were set to PLT. That said lease of the tithes of Ballycrune from Hans Fairley to Plt. is lost. That Patten and Beatie never paid the rent reserved by said lease to PLT. due by them to either PLT. or Hans Fairley. That PLT. has paid his rent duely for said tithes and has the only rights receive same. That PLT. in April 1699
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