[from Mills' Statutes, 1821]

[Indenture 1532]

This Indenture, made the last Day of July, Anno Domini, 1532, between the Right Reverend Father in God John Bishopp Sddorensis and the Isle of Mann, and all the Clergy and Spiritualtie of the said Isle on the one Part, and Willm. Stevenson and Henry M^cGawne of the Sheading of Rushen, Rowland Cross and Bartholomew Stevenson, of the Sheading of Glanfaba, Wm. Moore and John M^cCleare, of the Middle Sheading, Willm. M^cFayle, and Gilbt. Corrin, of Kirk Michael Sheading, William M^cVrimyn and James Kent, of the Garffe, Huan M^cChristian and Marke M^cChristian, of the Ayre, on the other Parte, WITNESSETH, that whereas Varience and Discord has risen between the said Bishopp and Clergie, and the Persons above said, and all other the Temporall Inhabitants of the said Island and Comonalty, for when the takeing of Mortuaries was called in the said Isle Corse-presents. and other Exactions and Wrongs which the said Comonalty alledgeth the Spiritualtie of the said Isle did unto them, for the appeaseing and ordering of which Controversie and Variance. The Right Honourable Edward Earle of Derby, Soveraigne and liege Lord of the same Isle, by his Writing of Comission under his Seale of Mann, dated at his Manor of Colham, the xxvjth of June last past, assigned, appointed, and authorized Thomas Sherburne, Esq. Lieutennant of the same Isle, Thurstan Tyldesley, Esq. his Receiver Generall, Morgan Johnes, his auditor, John Fleminge. Capn. of Man, Thomas Tyldesley, Waterbayliffe of Man, John Gardner, Comptroller of Mann, Robt. Calcoats, Receiver of the Castle of Man, Piers Anderson, Receiver of the Peele in Man to be [30] his Comissioners for the heallinge, orderinge, and reforminge of the Premisses, accordinge to Equity and Justice, by Force of which Comission, upon Summons and Warning given by the said Comissioners to the said Partys, the foresaid Bishopp, and Thomas, Abbot of Rushen, with diverse others the Clergie of the same Isle, and all other Persons above named, of the other Party, and a great Multitude of the same Isle, appeared in their proper Persons before the said Comissioners at the Chappell in the Towne of the Castle Rushen, the xxiijd of July last past, at which Time it was alleadged by the said Bishopp, Abbott, and Clergy, that if any Person, whether it be Man or Woman, Wife or Child, dwelling in the same Isle, having Goods at his or their Deathes, shall pay to the Clergy the Value of xx s. besides all Debts which is called free Goodes, and having Power, by the Custome of the said Isle, to make a Will of the said Goodes, that the Executors or Administrators of every such Person shall pay to the Church for Corps-present of every Person soe deceased, the best Beefe or Horse that he or they had, or els vj s. in Money, at the Ellection of the said Executor or Administrator, shall pay to the Corps-present such of the best Cloaths or Apparell of the Person deceased as the Church have used to take, or els iij s. iiij d. in Money at the Election of the Church and the said Clergy.

Moreover the said Clergy alleadge that they had taken and ought to have of Right and Custome of every Person brewing any Ale, in Recompence of the Tith thereof, certain Pottles of Ale.

Also the said Clergy alledge that they ought to have certaine Money of such Marriage Goods as is given in Marriage to any Man with his Wife at their Marriage, in Recompence of the Tith thereof; and over this the said Bishopp alleadgeth that he and his Successors ought to have by Right and Custome for the Probation of every Testament ij s. iiij d. rebating thereof for every poor Persons Testament a Parcell of his own good Will and Discretion.

Alsoe the other Party, and all the Comonalty abovesaid that was spetifyed, said that the Church ought to have by the old Custom for Corbes for every such Person as is above-named vj s. vj d. and noe more. And also they deemed that the Church ought not to have such Pottles of Ayle, or any Money for the Marriage Goodes, as is above rehearsed. Moreover the said Comonalty deemed that the Bishopp ought to have noe more but vj d. for the Probation of any [31] Testament; and for a poor Man's Testament noe more but a Penny or ij d. And in all the Variences and Controversies abovsaid, the Parties above rehearsed for the avoiding of all Ambiguities and Doubts before a finall Unity be had amongst them, by Means of the Comissioners to be agreed and constituted for them and their Successors for ever. And either of the said Parties conditioneth and agreeth in such Manner and Forme as hereafter ensuetli:

First, the Executors and Administrators of such Person as hereafter shall departe, having free Goodes to the Value of xxs. shall pay to the Church for Mortuaries viij s. in full Recompence of all the said Mortuaries or Corps-present, Cloaths and Apparel, and noe more within a Fortnight after the Buriall of the said Party soe deceased.

It is further agreed, that the Executors and Administrators of every such Person, when they shall pay the Sum of viijs. for the Mortuarie and Corse-presents, shall pay to the Bishopp for the Time being, for the Insinuation and Probation of the Testament of the Person soe deceased, and for all Manner of Things touching the same, within the Space of one Fortnight xijd. and noe more.

Alsoe it is agreed that if any Person departe, having Goods under the Value of xxs. of free Goodes, the old Custome hath been, that the Church hath had in Recompence of the Corse-present of the same Person, the first Part of the same Goodes, to the which Custome both the Parties aggreed to stand forever.

And as touching, the Probation of the Testament of such Persons, and formal Manner of Charges the same concerning the said Parties be now agreed, that the Bishopp shall have for Probats and other Charges for every such Testament iiij d. except it please the Bishopp of his own free Will to take less.

And furthermore the said Parties are aggreed, that from henceforth the Bishopp is not to have any Recompence for brewing Ayle, nor any Tith for any such Marriage Goodes as is above named.

And it is said and aggreed, that the Church and Clergy shall take for their Corse-present and other the Premisses of some Men which be now deceased, whereof noe Aggreement nor Recompence heretofore had or made for the same after the Rate of this Aggreement, and none otherwise.

Also it is aggreed that the Comonalty shall reasonably agree with the Priest or Clark doing divine Service at Burialls or Weddings, or els to have and recompence them for their Labour and Dilligence, according to the old Custome used in the said Isle.

In Witness whereof the said Parties to this present Indenture of Aggreement, have interchangeably putt their Hands and Seales. And in Proof the Abbott and divers others of Clergy, whose Names be hereafter subscribed, and also the said Commissioners were present, and hereto agreeable, every one of them hath written with their proper Handes their Names down, and dated at the Castle of Rushen, in Mann, the Day and Yeare above-written:—

Thomas Abbott, Sir Thos. Norries, Sir John Corkell, Sir James Clarke, and Williarn Inch Commissioners, Thos. Sherburne, Thurstan Tyldesley, Morgan Johns, John Fleminge, Tho. Tyldesley, Piers Anderson, & John Gardener.