[from History of IoM, 1900]
" 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).
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Any comments, errors or omissions
gratefully received The
Editor |