[from History of IoM, 1900]

APPENDIX B.

" The King to all to whom, &c., greeting.... Know ye that we therefore by virtue and force of our said royal authority, and of our special grace and mere will alone, have ordained, constituted and established a firm and perpetual law, likewise we grant and concede to all and each of our subjects, and other persons whatsoever living and residing, and who have any inheritance in possession and rights, and goods, and chattels in our said Island of Mann, or any part thereof belonging or which now or hereafter may belong to them, that they, and every of them, may transfer, alienate, grant, and demise both the whole Island aforesaid as wed as any part thereof, and also all and every the lands of inheritance, free tenements, rights, goods, and chattels within the Island aforesaid, or any adjoin" ing the same, by their deed or instrument, sealed and delivered under their seal: And that such grant, alienation, or demise, shall be good, firm, valid, and effectual in law, according to the tenor of the said deed or charter, without any other delivery of seizin, or acknowledgment, or notary public, intervening; or any other ceremony, solemnity, or form of right for that purpose, to be further used or required, any law, custom, statute, or ordinance of our Kingdom of England, or the Isle of Mann aforesaid notwithstanding. And further, by virtue of our royal pleasure, we ordain, constitute, and establish a firm and stedfast law, and do give and grant to all and each of our subjects . . . to whom the inheritance of the said Island, or any part thereof, or any estate of and in the said Island does or may belong; that in case the person to whom the inheritance of the said Island, or any part thereof, or any other estate of and in the Island aforesaid, or any part thereof, or any inheritance, free tenement, possession or right within the said Island, or any adjoining the same shall descend, or in any other manner come to a married woman, every such woman shall and may be able to transfer, alienate, grant and demise, such her inheritance, estate, or right, by deed signed as well by her as by her husband, under their seals, and acknowledged in our Court of Chancery in England, notwithstanding any law, statute custom or ordinance of our Kingdom of England, or any law or custom of the said Island of Mann to the contrary thereof. And we do nevertheless will, grant, and declare, that any law or custom in our Island aforesaid, had and used for transferring, alienating, or granting of their inheritance or possession shall be and remain in full force, and in no way weakened by this our ordinance and constitution of such laws and customs; but that any alienation, grant, or demise may be made agreeable, as well to the form of the laws in the said Island heretofore had and used, as by the form of those presents now added, ordained, and constituted."
James's order was, as we have seen, generally disregarded. The following is a specimen of entries in the Records at this period of the enforcement of licences to alienate:-

" Lib. Vast. 1611. Paroch St. Michaell. Adam Callister,) Donald Carrett, Finlo Canned, Finlo Quayle,

Note, That whereas that is proved in Court as well by Confession of Thomas Caloe Tenante of a Quarter of Ground, of the Rent of 14s. 9d. as also by Confession of Sir Hugh Cannell, Vicar of KK Michaell, That the sayd Thomas hath sould over the said Ground to him the aforesaid Sir Hugh, without the Lycense of the Lieutenante and other Officers of this Isle, contrarie to an antient laudable Order sell in Record, and published, as appeareth, in the Exchequer Book for the year 1583. Therefore the Lieutenante, according to the said Order, caused the said Sayle to be made voyde, and the Buyer and Seller to befyned in three Pounds to the Lords Use."
Note " This Fyne is mitigated by virtue of a Reference from the Countess of Derby to Twenty Shillings."
Memorandum " That upon a further Consideration at this Court, for that Donald Caloe (notwithstanding a Provisoe formerlie made by the Commissioners, when Thomas Caloe compounded for a Lease of the sayd ground, on the Behalf of the said Donald That he should have an Offer of the same Ground before another) is well pleased and contented, that the foresayd Sir Hugh shah bargains and buy the sayd Ground from his brother Thomas Caloe, and the Lieutenant with the Offers have consented now that a new Bargaqne and Sale be betwixt them, and therefore permitted the said Sir Hugh his Name to be entered as followeth:-
xiiijs. ixd. " Thomas Caloe+ Sir Hugh Cannell . . . xliijs. ixd.
" Entered by Delivery of the Strawe had from Thomas
Caloe his Heirs, Executors and Assigns, in open Court." (From Seneschal's Office.)

·'Rot. Pat." (Manx Soc., vol. ix. pp. 1~5).


 

Back index next

 

Any comments, errors or omissions gratefully received The Editor
HTML Transcription © F.Coakley , 2001