[From Bullock's History of IoM, 1816]
Particulars relative to the Execution of James, Earl of Derby.
On Monday, the 13th of October, 1651, my lord procured me liberty to wait upon him, having then been close prisoner for ten days; he told me the night before Mr. Slater, Colonel Duckenfield's chaplain, had been with him from the governor, to persuade his lordship that they were confident his life was in no danger. His lordship told me he patiently heard his discourse, but did not believe him, for, said he, " I was resolved not to be deceived with the vain hopes of this fading world." After we had walked a quarter of an hour, and discoursed on his commands to me, in order to my journey to the Isle of Man, touching his consent to my lady to deliver it up, upon those articles his lordship had signed for that purpose; with his affectionate protestations of his honour and respect for my lady, both for high blood and goodness as a wife, and with much tenderness to his children there, especially my Lady Mary, and was going on, when, on a sudden, came into the room Lieut. Smith, a rude fellow, with his hat on, who told my lord, he came from Colonel Duckenfield, the governor, to tell him he must make ready for his journey to Bolton. Hie replied, "when will you have me to go?" "To-morrow morning, by six o'clock," said Smith. "Well," said my lord, "I thank God I am readier to die, than for my journey; however, commend me to the governor, and tell him, by that time I will be ready for both."
Then that impudent rebel Smith said, "Does your lordship know any friend or servant that would do that thing that your lordship knows of it would do well if you had a friend." My. lord replied, what do you mean? would you have me find one to cut off my own head ?" Smith said, " My lord, if you could get a friend?" My lord answered, " Sir, if those men that will have my head, will not find one to cut it off, let it stand where it is; I thank God. my life has not been so bad, that I should be instrumental to deprive myself of it, though he hath been so merciful to me, as to be well resolved against the worst terrors death can put upon me; and for me and my servants, our ways have been to prosecute a war by honorable and just means, and not those barbarous ways of blood, which, to you, is a trade." Then Smith went out, and called me to him, and repeated his discourse and desires to me; I only told him that my lord had given him a final answer on that head. On my coming in again, my lord called for pen and ink, and wrote his last letter to my lady, also to my Lady Mary, and his sons in the Isle of Man.
In the meantime, Mr. Paul Morean, a servant to his lordship, went and brought all the rings he could get, and my lord wrapped them up in several papers, and writ within them, and superscribed them to his children, friends, and servants. The rest of that day (being Monday) he spent with my Lord Strange, Lady Catharine, and Lady Amelia. At night, about six, I came to him again, when the ladies were gone away; and as we were walking, and my lord telling me that he would receive the sacrament the next morning, and on Wednesday morning both, in came the aforesaid Smith, and said, "My lord, the governor desires you will be ready to go in the morning about seven o'clock." My lord replied, " Lieutenant, pray tell the governor I shall not have occasion to go so early ; by nine o'clock will serve my turn, and by that time I will be ready: if he has earlier occasion, he may take his own hour."
That night I staid supper with my lord, who was exceedingly cheerful, and well composed, and drank to Sir Timothy Featherstone (who suffered at Chester a week after in the same cause), and said, " Sir, be of good cheer, I go willing before you; God hath so strengthened me, that you shall hear, by his assistance, that I shall submit both as a Christian and as a soldier, to be both a comfort and an example to you."
Then he often remembered my Lady Mary, and the honorable little masters, and drank to me; and once to all his servants, especially Andrew Browne, and said he hoped now that those who loved him, would not forsake his wife and children, and he doubted not but God would be a master to them, and provide for them after his death? In the morning, his lordship delivered to me the letters for the island, and said,
" Baggerly, deliver these with my most tender affection to my wife and sweet children, who shall continue with my prayers for them, to the last minute of my life; and I have instructed you in all things respecting your journey. But as to that sad part of it respecting them, I say nothing; but your own silence and looks will best tell the message. The God of heaven direct you, and prosper and comfort them in this day of deep affliction and distress."
His lordship then took leave of Sir Timothy Featherstone much in the same manner as the night before: Mr. Cropen and three other gentlemen, who were condemned, came out of the dungeon, and kissed his hand, and wept at taking leave.
My lord said, " Gentlemen, God bless and keep you, I hope now that my blood will satisfy for all that were with me, for you shall hear I die like a Christian, a man, a soldier, and an obedient subject to the most just and virtuous of princes." After we were out of town about half a mile, my lord meeting his two daughters, Lady Catharine and Amelia, alighted from his horse, and, with a humble behaviour and noble carriage, kneeled down by the boot of the coach, and prayed for them; then rising up, took his leave and departed. This was the deepest scene of sorrow my eyes ever beheld, so much grief, concern, and tender affection on both sides, I never. was witness of before.
That night, Tuesday, the 14th of October, 1651, we came to Leigh, near Warwick, and in our way thither, his lordship called me to him, and bade me, when I arrived at the Isle of Man; to commend him to the archdeacon there, and tell him, he well remembered the several discourses that passed between them concerning death, and the manner of it; that he had often said, the thoughts of death could not trouble him in fight, or when with a sword in his hand; but that he feared it would somewhat startle him tamely to submit to a blow upon the scaffold. "But,' said he, " tell the archdeacon from me, that I find within myself an absolute change as to that opinion; and I bless my God for it, who hath put these comforts and courage into my soul, I can, with resignation to his Almighty will, as wiulingly lay my head down upon a block as ever I did upon a pillow."
My lord at supper made a competent meal, saying he would imitate his Saviour; a supper should be his last meal in this world, as it was his Saviour's before he came to the cross, which, he said, he should do to-morrow.
That night he spent upon his bed from betwixt ten and eleven until six the next morning. As he laid him down upon his right side, with his hand under his face, he said, " Methinks, I am like a monument in a church, and to-morrow I shall really be so." As soon as he arose, and had said his prayers, he shirted himself, and said, " this shall be my winding-sheet ;" then he said to Mr. Paul, " see that it be not taken from me, for I will be buried in it." Then he called for my Lord Strange, to put on his order once this day, " and I will send it to you again by Baggerly, and pray return it to my gracious sovereign when you shall be so happy as to see him, and say I sent it in all humility and gratitude as I received it, spotless, and free from any stain, according to the honorable example of my loyal ancestors."
Then he went to prayer, and my lord commanded Mr. Greehalgh to read the decalogue, and at the end of every commandment made his confession, and received absolution and the sacrament. After which, he called for pen and ink, and wrote his last speech, and a note to Sir Edward Stanley. When we were to go, he drank a cup of beer to my Lady, Lady Mary, little masters, the archdeacon, and all his friends in the island, charging me to remember him to them all. Then he would have walked into the church to have seen Sir T. F's grave, but was not permitted, neither would the let him ride that day upon his own horse, but they set him on a little galloway, fearing, as they. said, the people would rescue him.
As we were going about the middle way to Bolton, the wind came easterly, which my Lord observing, called to me, and said; " Baggerly, there is a great difference between you and me now, for my thoughts are fixed, and I know where I shall rest, at night; and so do not you, for every little alteration of wind or weather, moves you of this world, from one point to another. You must leave me, and go to my wife and children in the Isle of Man; but, in the Meantime, do not leave me, if possible, but stay to see me buried, as I told you, and acquaint my dear wife and family with our parting."
Between twelve and one of the clock on Wednesday the 15th of October, 1651, the Earl of Derby came to Bolton, escorted by two troops of horse and one company of foot. The people every where praying and weeping as he went, even from the castle of Chester, his prison, to the scaffold at Bolton, were his soul was freed from his body.
His lordship was ordered to stop at a house near the cross at Bolton; and passing "this must be my cross:" then alighting, and going into a chamber, with some of his friends and servants, had time allowed him till three o'clock that day ; the scaffold not being ready, because the people of the town refused to strike a nail or give any assistance to it. Many of them saying, that since the war began, they had suffered many and great losses, but never so great as this: this was the greatest that ever befell them, that the Earl of Derby, their lord and patriot, should lose his life, and in that barbarous manner.
His lordship, as I told you, having till three o'clock allowed him, spent all that time with his friends that were with him in prayer, and telling them how he had lived and prepared for his death, and how the Lord had strengthened him against the terrors of it. Afterwards he desired them to pray for him again ; and after giving some good instruction to his son, the Lord Strange, he desired to be in private, where we left him, and he continued on his knees in prayer some time, then called for us again, and telling us how willing he was to die, how con- tent he was to part with this world, and that the fear of death was no great trouble to him since his imprisonment, though he had always two soldiers, with naked swords, night and day in his chamber. He had great trouble and concern for his dear wife and children; and what might become of them after his death, was often in his thoughts, and sat heavy upon him; but now he was satisfied that God would be a husband and a father to them, unto whose Almighty Protection he committed them; and taking leave of his son, he called for an officer, and told him he was ready. At his going towards the scaffold, the people cried and prayed. His lordship with a courteous humility said, " Good people, I thank you all; I beseech you, pray for me to the last. The God of Heaven bless you, the Son of God bless you, and God the Holy Ghost fill you with comfort." And coming near the scaffold, he laid his hands upon the ladder, saying, "I am not afraid to go up here, though to my death." Then walking a little upon the scaffold, settled himself at the east end of it, and made his
I am come, and am content to die in this town, where I endeavoured to come the last time I was in Lancashire, as a place where I promised. myself to be welcome. In regard to which the people have reason to be satisfied of my love and affection for them, and that they now understand that I am not a man of blood, as some maliciously and falsely slandered me with; being acquitted of that by many gentlemen of great worth, who were in the fight in this town, and I am confident there are still some in this place, who can witness my mercy and care in saving the lives of many men that day.
" As for my crime, as some call it, to come into this country with the king, I hope it deserves a better name, for I did it in obedience to his Majesty's commands, whom I hold myself obliged to obey, according to the protestation I took in parliament in his father's time. I confess I love monarchy, and I love my master Charles, the second of that name, whom I proclaimed in this country to be king: the Lord bless and preserve him. I do believe and assure you, that he is a virtuous, valiant, and discreet prince, and I wish so much happiness to the good people of the nation after my death, that he may enjoy his right, and then I am well assured they can- not want theirs under him. I confess, in the presence of God, I always sought for peace, and I had no other reason; for I wanted neither estate nor honour; neither did I seek to enlarge either at the expense of others' lives and fortunes, or the invasion of the king's prerogatives. My predecessors were, for their loyalty and good services, raised to a high condition of honour and fortune, as is well known in this country; and it is as well known, that I am condemned to die by his Majesty's enemies, by new and unknown laws. 'The Lord send us our religion again; as for that which is practised now, it hath no name; and I think there is more talk of religion than any practice or good effects thereof. Truly, for me, I die for God, the king, and the laws." At which words a trooper said, "We have no king, and will have no lords ;" when some sudden fear fell among the soldiers, and his lordship was interrupted, which some of the officers were troubled at, and his friends much grieved. His lordship seeing their troops scattered in the street, cutting and slashing the people, he said, " Gentlemen, what is the matter? where is the guilt? I fly not, and here is none to pursue you." Then his lordship perceiving that he might not speak freely, turned himself to his servant, and gave him his papers, and commanded him to let the world know what he had to say, had he not been interrupted ; which is as followeth, as it was written under his own hand ; : "My sentence, upon which I am brought hither, was by a council of war, which council had reason to expect would have justified my plea of quarter for life, that being ancient and honourable plea amongst soldiers, and not violated till this time: I am made the first precedent in the case, and I earnestly wish that no others suffer in the like manner. Now I must die, and I thank my God I am ready to die with a good and clear conscience, without malice to any upon any grounds whatsoever, though others would not shew mercy unto me upon just and fair means; but I forgive them, following the example of my Saviour, who prayed for his enemies, and so do I pray for mine. As for my faith and religion, I profess and believe in one only God, and in Jesus Christ his only Son, who died for me and all mankind, and from whom I look for my salvation, that is in and through his only merits and sufferings: and I die a dutiful son of the church of England, as it was established in my late master's reign, and as it is yet professed in the Isle of Man, which is no small comfort to me. And I thank my God for the quiet of my conscience at this time, and for the assurance of those joys which he hath promised, and are prepared for all those that love him. Good people, pray for me; I do for you. The God of Heaven bless you all, and send you peace and prosperity, that God, who is truth itself, bless you with peace. Amen."' Presently after the uproar was over, his lordship, walking on the scaffold, called for his executioner to come to him; and desired to see the axe, saying, " Come, friend, give it into my hands, will neither hurt it, nor it cannot hurt me, for I am not afraid of it;" and kissing it, gave it to him again; then he asked to see the block, which was not quite ready, and turning up his eyes, said, "how long, good Lord, how long?" Then putting his hand into his pocket. gave the headsman two pieces of gold, saying, "this is all I have, take it, and do thy work well; and when I am upon the block, and lift up my hands, then do your business, but I fear your great coat will hinder or trouble you, pray put it off."
Some standing by, bid him ask his lordship's forgiveness; but, being either too sullen or too slow, his lordship forgave him before he asked it; and by the other side where his coffin stood, spying one of his chaplains on horseback amongst the troopers, said, "Sir, remember me to your brother and friend; you see I am ready, but the block is not; but when | am got into my cham- ber, which I shall not be long out of, (pointing to his coffin), I shall then be at rest, and no longer troubled with such a guard and noise as I have been." Then turning himself again, he saw the block, and asked if all was ready; then going to the place where he began his speech, he said, "Good people, I thank you for your prayers, and your tears, I have the one, and have seen the other." And bowing, turned towards: the block, and then looking towards the church, he caused the block to be turned and laid that way, saying, " I will look towards thy sanctuary whilst I am here, and I hope to live in thy heavenly sanctuary for ever hereafter." Then taking his doublet off, asked how he must lie, saying, "I never saw any one's head cut off, but I will try how it fits;" so laying him down, and stretching himself upon the block, he rose again, and caused it to be removed a little, and standing up, and looking at the executioner, said, " be sure you remember what I told you, when I lift up my hands, then do your work." Then looking at his friends about him, said, bowing, " The Lord be with you all, pray for me;" and kneeling down made a short prayer, and bowing himself again, said, "The Lord bless my wife, and children, and the Lord bless us all." And laying his neck upon the block, and his arms stretched out, he said these words loud, " Blessed be God's holy name, for ever and ever Amen. Let the whole earth be filled with his glory." And then lifting up his hands the executioner did his work, and we hope and doubt not but God hath done his, saved his soul, and taken it into everlasting felicity. After which nothing was heard in the town but sighs, sobs, and prayers. When his body was taken up, and stripped as he had directed, and laid in his coffin, there was thrown into it the following lines, by an unknown hand:
" Wit, bounty, courage, three in one lie dead:
" A Stanley's hand, Vere's heart, and Cecil's head."
The next day his corpse was carried from Bolton to Ormskirk, and there deposited with his renowned ancestors.
Rev. Mr. Wilson's Letter to the Earl of Derby.
MY LORD,
Nothing but a sense of duty and gratitude would have put me upon this liberty ; but because I have reason to believe it concerns your lordship, I can willingly hazard all future favors your lordship designs me, rather than be silent in a matter of this moment, though I have no reason to fear any such consequences. I do, therefore, with all imaginable submission, offer these following particulars to your consideration.
First. Though several of the debts be, as your lordship urges, unjust, and, perhaps, most of the bills in part unreasonable, yet is it very probable,, that a great many are really just ; and if these are not paid, those who suffer have just complaint to God and man, which must certainly have an ill influence on your lordship's affairs.
Secondly. That several in this neighbourhood are undone, if they are not speedily considered ; they are forced to the last necessity, some to sell their estates, others to leave their country, or lie in jail for debts which are owing to them from your lordship. They come day after day with tears and petitions, which nobody takes any notice of; and so your lordship never comes to know what they suffer. Your lordship sees what methods the rest, who are more able, are taking ; and you best know what may be the consequence; but however it ends, if their demands are just, they will still have reason to complain of the wrong that is done them.
Your lordship is never suffered to know the influence these things have on your temporal affairs ; but I am ready to make it out whenever your lordship shall think it your interest to inquire into this matter, that you constantly pay one third more for what you want than other people do. I know very few care or are concerned at this ; but I cannot but see and lament this hardship, which cannot possibly be remedied till your lordship has taken some order with your creditors, and reformed those who have the disposal of your monies.
I am not able to foresee how these things will end, and one cannot tell what they may be forced to attempt. It is too likely that if any disturbance happen in the government, their wants may make them desperate, and their numbers insolent. I have been lately told, some of them have threatened some such thing. And now, my lord, if I have said any thing unbecoming me, I hope your lordship will pardon me, and think. it.a fault of indiscretion rather than design. I mean honestly, and that your lordship may think so, I do protest in the presence of God, that I had rather beg all my life than be so far wanting to my duty, as not to have given you these short hints, which your lordship could not possibly have, but from some faithful servant, as I presume to subscribe my- self, &c. &c. &c. THomas WILSON.
Bishop Wilson's Character of his Wife, extracted from the Prayer composed by him on her Death.
The memory of the just is blessed. Prov. x. 7. ALMIGHTY God, the author of life and death, who dost not afflict willingly, nor grieve the children of men; I do, in all humility, submit my will entirely to thine, most humbly beseeching thee to accept of my thanks and praise for all the eraces and favors vouchsafed to my wife, now in peace; for her great modesty and meek- ness of spirit; for her remarkable duty to her parents, and love to her relations; for her great love to me and my friends, and for her fidelity to her marriage-vows; for her tender affection for her children, in performing all the offices of a kind and pious mother ; for her peculiar care of her family, and the prudence and mildness by which she governed it; for her unaffected modesty in her own and her children's apparel, and the great humility of her conversation with all sorts of persons; for ber great compassion for the poor and miserable, and her cheerful compliance with me in relieving them.
I bless thy holy name for these, and all other fruits of thy holy spirit; but above all, I most heartily thank the Lord for her piety to Him during her health, and for His mercies to her in the time of sickness ; for her hearty repentance, stedfast faith in the promises of the Gospel's unfeigned charity ; her humble submission to God's good pleasure, and patient suffering what his hand had: laid upon her; for all the spiritual comforts the gracious God did vouchsafe her, the opportunities of receiving the blessed sacrament, the prayers of the faithful, the ministry of absolution, and the assistance of her pious friends at the hour of death.
With these reflections I comfort my soul, stedfastly believing, that none of these graces and favors were lost upon her ; but that she departed in the true faith and fear of God; and, therefore I do humbly pray to thee, Oh blessed Jesus, in whose hands are the souls of the faithful, after they are delivered from the burthen of the flesh, that we may in thy good time meet in joy, and have our perfect consummation in bliss, both in body and soul, in thine eternal king- dom, &c,
See Life of Thomas Wilson, 4to. vol. I. p. 82.
Bishop Wilson's Address to his Children.
MY DEAR CHILDREN,
IF I do not live to tell you why I have saved no more for you out of my bishopric, let this satisfy you: that the less you have of goods gathered from the church, the better the rest that I leave you will prosper. Church livings were never designed to make families, or to raise portions out of them, but to maintain our families, to keep up our hospitality, to feed the poor, &c. and one day you will be glad that this was my settled opinion; and God grant that 1 may act accordingly !
Remember, that the daughter of a priest, if taken in a fault, was to be put to death under Moses's law. Lev. xxi. 9.
I never expect, and I thank God I never desire, that you or your children should ever be great; but if ever the providence of God should raise any that proceed from my loins to any degree of worldly wealth or honor, I desire they will look back to the place and person from whence they came. This will keep them humble and sober minded; but above all, I desire they will never think themselves too good to be servants.
Bishop Wilson's Letter to the. Keys.
To the Twenty-four Keys, Representatives of the Commons of this Isle.
GENTLEMEN,
Amone the many indignities put upon us, the Bishop and Vicars General, of late years by the temporal court, that of being fined at the last Tynwald is not the least afflicting. In regard that whatsoever is said to be done at that solemn assembly, (as is the order for fining us, ) will by posterity be understood to have been done with the knowledge and approbation of the whole, which consisting of the governor, council, deemsters, and twenty-four keys, we desire to know whether you, the said keys, were made acquainted with, or gave your consent to, the said order, or to our present imprisonment?
And forasmuch as we were that day openly charged with exercising a spiritual tyranny, you who dwell in several parts of this isle, may do us the justice of testifying whether you know or believe there be any just cause for so heavy, and (as we persuade ourselves) so groundless an imputation.
Thomas Sodor And Man. Vicars General. William Walker, John Curghy:- Dated Castle Rushen, July 10, 1722.
The Answer of the Keys.
My LORD AND REV. GENTLEMEN,
We the Keys of Man, as well to satisfy your lordship, and you the ecclesiastical judges, as to justify ourselves to posterity, do hereby certify and declare, that though we were present at the Tynwald during the whole time of the sitting of the court, and until the same was dismissed as usual, we were neither made acquainted with or gave our consent to the order you mention; neither was any such order there made or concerted; and, therefore, we could not but be much surprized to hear of your being then fined and afterwards imprisoned.
As to the charge of exercising a spiritual tyranny, we do solemnly testify (as we are in duty bound) that there is no cause to us known for so strange an imputation, being verily persuaded, that you have been so far from assuming to yourselves an undue authority, that the church was never better governed than in your time, nor justice more impartially administered in the ecclesiastical courts of this isle.
J. STEVENSON, PHIL. MOORE,
ROBT. CURPHEY, J. WATTLEWORTH, Wm. CHRISTIAN, JAS, CHRISTIAN,
S. RATCLIFFE, JOHN CURGHEY, THOS. CORLET, JOHN MURRRAY, JAMES BANCKES, EDMUND
CORLET,
THOS. CHRISTIAN, JOHN CHRISTIAN.
I, Thos. Stevenson, not being present at the Tynwald, agree with my brethren, only in respect of the latter clause,
ros. STEVENSON.
Mem. Five of our Members were absent at the signing hereof,
Castletown, JOHN STEPHENSON, July 11, 1722.
See Appendix to the Life of Thomas Wilson, Qto. vol. 1, p. 112.
TO THE KING'S MOST EXCELLENT MAJESTY.
The humble petition of Thomas Wilson, D. D. in behalf of his father, the Bishop of Man, and the inhabitants of the island, humbly sheweth,
By the late embargo, and an act of parliament just now passed, the corn and provisions are prohibited from being exported to the Isle of Man from any port of the three kingdoms; by which means your petitioner's father, and the inhabi- tants of that place, labor under the inexpressible want of provisions, especially bread corn; so that if not speedily relieved, many thousands are in imminent danger of being starved ; and what adds to their melancholy circumstances is, that it has pleased God to afflict them with a pestilential flux, owing, in a great measure, to the want of wholesome food. In this deplorable case they have no other way left, but to apply to his sacred Majesty, the father of his people, that he will be graciously pleased to order a certain quantity of bread corn from the ports of Liverpool or Whitehaven; they giving security that it shall be landed and expended only for the use of the inhabitants of the Isle of Man. The granting of which will for ever lay the said bishop and the inhabitants under the most lasting sense of gratitude and the sincerest acknowledgments for a favor, to . which they are to owe their health and lives.
Letter to the King.
MAY IT PLEASE THE KING's MOST SACRED MAJESTY
To receive the most grateful acknowledg- ments of the ancient Bishop of Man,
for his Ma- jesty's great condescension and late royal favor, to the son of
the bishop, whose obscure diocese and remote situation, might justly have forbid
him all expectations of so high a nature from a royal hand. May both the father
and the son ever act worthy of so distinguishing a favor! and may the King of
Kings bless his Majesty with all the graces and virtues which are necessary
for his high station and for his eternal happiness, and enable his Majesty to
overcome all the diffi- culties he shall meet with abroad,*{* The King was in
Hanover.} and bring him back to his kingdoms here in peace and safety ; and
finally to an everlasting kingdom hereafter; which has been and shall be the
sincere and constant prayer of his Majesty's most grateful, dutiful, and faithful
subject and servant,
Thomas SODOR AND MAN. Isle of Man, May 3, 1748.
I am both surprized and pleased with the un-expected favors conferred upon you, both by the King and the Bishop of Salisbury. I hope in God you will answer the great ends of his pro- vidence, in raising you such friends, and in put- ting into your hands such unlooked for talents, in order to improve them to his glory, and to your own salvation. For my own pat, I have ever received such favors with fear, lest I should be tempted to dishonor God by his own gifts ; and it shall be my daily prayers for you that you may never do so. This was the case with the wisest and greatest of men, whose history and fall was part of this day's service of the church.
Enclosed you have a letter to his Majesty, Perhaps, you may not approve of the style (his instead of your Majesty,) but I know it to be more becoming, and will be better accepted by a foreigner, and therefore it shall pass.
I have also written to the Bishop of Salisbury, to whom my most grateful service and thanks. According to my notion of writing to his Majesty, I ought not to have subscribed my name; but I have done it, lest you should have thought otherwise.
Heads of a Bill, proposed in Tynwald, for Amendment of the Criminal Law.
Isle of Man to Wit.
WHEREAS, by an Act of Tynwald, promulgated in the year of our Lord 1787, it
is enacted, that " No court, judge, or magistrate, within this isle whatsoever,
shall have power or authority for the future to impose or inflict any fines
or punishment upon any per- son or persons within the said isle, for or on account
of any criminal cause whatsoever, until he, she, or they be first convicted
by the verdict or presentment of four, six, or more men, as the case shall require,
upon some statute law in force in the said isle." And whereas doubts have
been entertained whether such act of Tynwald extends to treasons and felonies
at- and by the. common law of the island, or only to other smaller crimes, offences,
and misdemea- nors. We therefore, &c. And be it enacted, &c. &e.
That the said act of Tynwald shall not be construed to extend to any treason
or felony which subsists at, by, and under the common law of the island. And
whereas it is expedient that eertain treasons, felonies, misdemeanors, crimes,
and offences should be described with greater certainty than has hitherto been
done by the laws of the island; and that certain other crimes and offences should
be enacted and declared to be treasons, felonies, and misdemeanors. Be it therefore
further enacted,
1, That the felonious and traiterous compassing or imagining the death of our sovereign lord the king, of our lady the queen, or of their eldest son and heir, is, and shall be held to be High Treason, and punishable by death.
2. That the felonious and traiterous viola- tion of the king's companion, or king's eldest daughter, unmarried, or the wife of the king's eldest son and heir, is, and shall be held to be High Treason, and punishable by death.
3. That the felonious and traiterous levying war against our sovereign lord the king in his realm, is, and shall be held to be High Treason, and punishable by death.
A, That the felonious and traiterous adhering to the king's enemies in his realm, the giving them aid and comfort in the realm, or elsewhere, is, and shall be held to be High Treason, and punishable by death.
5. That the felonious and traiterous counter- feiting the king's great seal, or privy seal, or his sign manual, or privy signet, is, and shall be held to be High Treason, and punishable by death.
6. That the felonious and traiterous counterfeiting the king's money, or the bringing false money into the said isle, counterfeit to the king's coin, knowing such money to be false, to mer- chandize, and making payment withal, is, and shall be held to be High Treason, and punishable by death.
7. That the felonious and traiterous slaying the king's governor, the king's lieutenant-governor, the members of the council, or any of them, the deemsters, or either of them, the keys, or any of them, being in their places, doing their offices, is, and shall be held to be High Treason, and punishable by death. And be it further enacted, &c. That nothing shall be adjudged to be high treason in the said isle, but what is in and by this act enacted, declared, and described to be high treason, and that no person or persons shall be attainted of any of the trea- or persons being then inhabiting in such house, is, and shall be held to be felony and burglary, and punishable by death.
8. That the unlawful and felonious killing of another, with malice aforethought, either express or implied, is, and shall be held to be felony and Murder, and punishable by death.
9. That the felonious ravishment and carnal knowledge of a woman, against her will is, and shall be held to be felony and Rape, and punish- able by death.
10. That the felonious ravishment and carnal knowledge of a female child, under the age of ten years, either with or without her consent, is, and shall be held to be felony and Rape, and punishable by death. |
11. That the felonious and carnal knowledge, against the order of nature, by mankind with mankind, or with brute beast, is, and shall be held to be felony and Buggery, and punishable by death.
12. That the felonious breaking and entering into the dwelling-house of another by night, with an intention to commit a felony, any person or persons bemg then inhabiting in such house, is, and shall be held to be felony and burglary, and punishable by death.
13. That the felonious, wilful, and malicious burning of the house, mill, out-house, office, barn, stable, ship, boat, or vessel, of another, any person or persons being then im any such building, ship, boat, or vessel, other than the perpetrator or perpetrators of such burning; or aiding and assisting therein, is, and shall be held to be felony and Arson, and punishable by death. And that the felonious, wilful, and ma- - licious burning of any stack of corn, stack of hay, stack of straw, stack of furze, stack of turf, stack of ling, stack of fern, stack of wood, or stack of potatoe haulm, of another, any such stacks being adjoining to any house, out-house, office, barn, or stable, in any of which buildings any person or persons shall then be, other than the perpetrator or perpetrators of such burning ; or the aiding and assisting therein, is, and shall be held to be felony and Arson, and punishable by death.
14. That the felonious and forcible stealing, taking, and carrying away from the person of another, of goods or money, of any value, by violence, or putting such person in fear, is, and shall be held to be felony and Robbery, and pu- nishable by death.
15. That the felonious returning from transportation, or the being seen at large within the said isle, without lawful cause, before the expiration of the term for which the offender was ordered te be transported, or had agreed to transport himself, or herself, is, and shall be held to be felony, and punishable by death.
16. That the felonious and false making, forging, counterteitmg, or altering, or causing, or procuring to be falsely made, forged, coun- terfeited, or altered, or the willingly acting or assisting in the false making, forging, counter- feiting, or altering any act of Tynwald, or any decree, judgment, or execution, or any record or process of any of the courts of the said isle, or any verdict of any jury, or deposition of any witness, duly taksn and signed by or before any court, magistrate, or jury, within the said isle, or any deed, charter, writing sealed, court roll, will, writing testamentary, bond, writing obligatory, memorial of the inrolment or registration of any deed or will, bill of exchange, promissory note for the payment of money, acquittance, receipt, either for money or goods, release or discharge of any debt, account, action, suit, or demand, the number of any principal sum of any accountable receipt for any note, bill, or other security, for the payment of money, orany warrant or order for payment of money, or delivery of goods, with the intention to defraud any person or corporation whatsoever, is, and shall be held to be forgery and felony, and pu- nishable by death, or transportation for life, at the discretion of the court of general gaol delivery, according to the malignity of the offence.
17. That the felonious uélering, or publishing as true, any false, forged, counterfeited, or altered act of T'ynwald, or any decree, judgment, or execution, or any record or process of any of the courts, or any verdict of any jury, or deposition of any witness, duly taken and signed by or before any court, magistrate, or jury, within thesaid isle, or any deed, charter, writing sealed, court roll, will, writing testamentary, bond, writing obligatory, memorial of the inrolment or registration of any deed or will, bill of exchange, promissory note for the payment of money, indorsement, assignment, or acceptance of any bill of exchange, or promissory note for the pay-ment of money, acquittance or receipt, cither for money or goods, release or discharge for any debt, account, action, suit or other demand, the number of any principal sum of any accountable receipt for any note, bill, or other security for the payment of money, or any warrant or order for the payment of money or delivery of goods, with the intention to defraud any person or cor- poration whatsoever, knowing the same to be false, forged, counterfeited, or altered, is, and shall be held to be felony, and punishable by death or transportation for life. And be it enacted, that an act of Tynwald, passed in the year of our Lord 1797, intituled, "An Act for the punishment of Forgery, &c." shall, as to all offences which shall be committed after the pro- mulgation of this act, be and stand repealed.
18. That the felonious and unlawful stealing, taking, and carrying away of the personal goods of another, of the value of ten shillings, or more, is, and shall be held to be grand larceny, and punishable by death, or transportation for life, at the discretion of the court. Provided, nevertheless, that the felonious and unlawful stealing, taking, and carrying away of one or more sheep, or of any lamb, goat, or kid, of whatsoever value the same respectively may be, is, and shall be held to be grand larceny, and punishable by transportation for life,
19. That the felonious receiving of stolen goods, of the value of ten shillings or more, knowing them to be stolen, is, and shall be held to be felony, and punishable by death, or transportation for life, at the court's disereticn.
20. That the felonious, wilful, and malicious burning of the house, mill, out-house, office, barn, stable, ship, boat or vessel of another, or others, no person er persons being then therein, other than the perpetrator or perpetrators of such burying; or aiding and assisting thereim. And that the felonious, wilful, and malicious burning of the stack of corn, stack of hay, stack of straw, stack of furze, stack of turf, stack of fern, stack of potatoe haulm, or stack of weod, of another, none of such stacks being adjoining to any house, out-house, office, barn, or stable, in any of which buildings any person or persons shall then be, other than the perpetrator or per- petrators of such burning; or aiding and assist- ing therein, are, and shall be repectively held to be felony and Arson, and punishable by trans- portation for life.
21. That the felonious, wilful, and malicious shooting at any person, with intent to slay or wound such person, where death does not ensue, &c. is and shall be held to be felony, and punish- able by transportation for life.
22, That the felonious violent and malicious wounding, disabling, mutilating, and disfiguring £ another, is, and shall be held to be felony and Viayhern, and punishable by transportation for even or fourteen years, at the discretion of the Court.
23. And be it further enacted, by the authority aforesaid, that the making a wilful, corrupt, and false oath, in any matter or cause, legally de- pending in any suit or variance, by any warrant, citation, process, writ, action, bill, libel, com- plaint, petition, information, or indictment, in any of the courts within the said isle, or before any magistrate, jury, person or persons, duly authorised by the laws of the said isle, to administer such oath, is, and shall be held to be wilful and corrupt perjury, and a high misdemeanor, and punishable by fine, and imprisonment, and the loss of an ear, to be taken off at the public market-place.
24, That the unlawful and corruptly causing ' or procuring any person to commit wilful and corrupt perjury as aforesaid, is, and shall be held to be subornation of perjury, and punishable by fine, and imprisonment, and the loss of an ear.
25. That the falsely and designedly obtaining any monies, goods, wares, or merchandises from any person or persons, by means of any false token, counterfeit letter, or by any other false pretence or pretences whatsoever, with the intention to cheat or defraud any person or persons, is, and shall be held to be cheating and swindling, and a misdemeanor, punishable by fine and imprisonment, and corporal punishment.
26. That the knowingly sending or delivering any letter or letters, with or without a name or names subscribed thereto, or signed by a ficti- tious name or names, letter or letters, threaten- ing to accuse any person oF persons of any crime, punishable by the laws of the said isle, with intent to extort or gain money, coods, wares, or merchandises, is, and shall be held to be a misdemeanor, and punishable by fine and impri- sonment, and corporal punishment.
27. That the unlawful stealing, taking, and carrying away of the personal goods of another, under the value of ten shillings, is, and shall be held to be Petty Larceny, and a misdemeanor, punishable by fine and imprisonment, and cor- poral punishment.
28. That the doing of wilful and malicious mischief and damage to any of the buildings, lands, trees, shrubs, mounds, dikes, fences, ships, boats, horses, sheep, cattle, or to any other goods and chattels of another, shall be proceeded against in the manner prescribed in and by an act of Tynwald, passed in the year 1753, intituled "An Act for the better preventing Petty Larceny and Trespass," and shall be punishable as a misde- meanor by fine and imprisonment, besides com- pensation to the party aggrieved, in the manner prescribed by the said act.
29. That the unlawful killing of another, with- out malice either express or implied, is, and shall be held to be Manslaughter, and a misdemeanor, punishable by fine and imprisoment, and corporal punishment. Provided that, in all trials for murder, if the jury shall be of opinion, and find. that the party accuséd has been guilty of man- slaughter only, the said jury shall, by their ver- dict, find him or her guilty of manslaughter, and that, in all trials for manslaughter, if the jury shall be of opinion, and find that the party ac- cused has been guilty of murder, the said jury shall, by their verdict, indict him or her as for murder.
30. That if any woman shall conceal her being with Child, during the whole period of her pregnancy, and shall not call for aid, and make use of help and assistance in the birth, and the said child shall be found dead or amissing, such mother shall be held to be guilty of a misdemeanor, punishable by fine and imprisonment ; provided, nevertheless, that nothing herein contained shall extend, or be construed to extend, to discharge the mother of any such child from trial and punishment for murder, in case it shall appear that such child shall have been murdered by such mother, or by her procurement.
31. That the malicious striking and making Affray in any of the Courts of Justice of the Island, ov the using threatening and reproachful words to the judge or court, the judge or court being then sitting, is, and shall be held to be a misdemeanor, and punishable by fine and impri- sonment.
32. That the wilfully obstructing the eaecution of lawful Process; that the breaking Prison by a person lawfully imprisoned; that the forcible rescuing, or attempting to rescue a person who shall be lawfully imprisoned ; that the escaping, or attempting to escape, by a person lawfully arrested ; that the voluntarily permitting, or negligently suffering, a person to escape, who shall be lawfully arrested or confined, are, and shall be severally held to be misdemeanors, punishable by fme and imprisonment. Provided always,and be it further enacted and declared, that nothing herein contaimed shall extend, or be construed to extend, to affect, abridge, or alter, the power of courts of justice and magistrates to punish contempts as formerly accustomed ; and that the house of keys, the clerk of the rolls, and the registers of the ecclesiastical courts, when in the execution of their respective offices, have, and shall have, the power of punishing contempts in like manner as any court or magistrate within the said Isle.
33. That the receiving of stolen yoods, under the value of ten shillings, is, and shall be held to be, a misdemeanor, and punishable by fine and imprisonment, and corporal punishment.
34. That the compounding any treason, fe- fony, or misdemeanor, or the taking money or goods from a person accused of any crime, to: forbear to proscute, is, and shall be held to be a misdemeanor, and punishable by fine and impri- sonment, and corporal punishment. And that so much, or such part of an act of Tynwald, promulgated in the year of our Lord 1737, as regards the compounding or agreeing not to proceed in any criminal prosecution shall, as to all offences to be committed after the promulgation of this act, be and stand repealed.
35.That the bribing, or attempting to bribe, any magistrate or person connected in the administration of justice, to do any thing contrary to the duties of his office; or for any magistrate or person concerned in the administration of justice, to accept, or offer to accept, a bribe, to do any thing contrary to the duties of his office, is, and shall be held to be a high misdemeanor, punishable by fine and imprisonment, and disqualification to serve his Majesty in any place of public trust.
36. That the attempting to influence a jury, or any of the jurors, corruptly by promises, persuasions, intreaties, money, entertainment, or the like; or for the jury or any of the jurors to be so corruptly influenced, is, and shall be held to be a misdemeanor, and punishable by fine and imprisonment.
37. That the stirring up suits and quarrels between his Majesty's subjects, either by law or otherwise, is, and shall be held to be a misdemeanor and barratry, and punishable by fine and imprisonment.
38. That the assembling of three persons or more together, with an intent mutually to assist one another against any who shall oppose them in the execution of some enterprise of a private nature, with force and violence against the peace, or to the manifest terror of the people, whether the act intended were of itself lawful or not, such assembling is, and shall be held to be, an unlawful assembly, and the persons concerned shall be punishable as for a misdemeanor, by fine and imprisonment. And if three persons or more shall violently, riotously, and tm a tumultuous manner, against the public peace, and to the manifest terror of the people, do any act, whether lawful or unlawful, such persons are, and shall be held to be guilty of a riot, and shall be punishable as for a misdemeanor, by fine and imprisonment.
39. That the violently entering inte the possession of lands or tenements in the occupation of another, with menaces and force, without authority of law, is, and shall be held to be a forcible entry and misdemeanor, punishable by fine and imprisonment.
40. That the unlawful keeping possession of lands or tenements, by menaces and force, is, and shall be held to be a forcible detainer, and a misdemeanor, and punishable by fine and imprisonment.
Al. That the spreading false news, knowing the same to be false, with intention to produce discord, and tumults, and strife, between his,Majesty's subjects, shall be held to be a misdemeanor, and punishable by fine and imprisonment. .
42. That the challenging another, by word or letter, to fight with deadly weapons, either expressed or implied, or knowingly to be the bearer of such challenge, shall be held to be a misdemeanor, and punishable by fine and imprisonment,
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