[from Mills' Statutes, 1821]

[1504]

An Enquest taken at the Castle Rushen the xvjth Day of April, 1504, before John Farker, Abbott of Rushen, Robert Calcots, Receiver of the Castle, William Parre, Comptroller, Jenkin Moore and John Christian, Deemsters, by the Oathes of these Persons following:—

Thomas Stevenson, Rodger Nelson, Paul Harrison, John Quackin, Wm. M^cQuarres, Robt. Taylor, Patrick M^cGell, Patrick M^cTeare, Gubon M^cAllen, Wm. Gilownie, Patrick M^cCarren, Gibon M^cCowley, Wm. Moare, Donold M^cCrayne, Richd. Quine, Jenkin Parson, Donold M^cIsaack, Gilchrist M^cKerron, Mould M^cLawney, John M^cFayle, Finlo M^cCurry, Patrick M^cKewne, John Corlett, Michael M^cJoughin

FIRST, we find by Vertue of our Oathes, that all Fellons Goodes, as Horses and Mayres, Oxen and Kyne above two Yeares old, belong to the Lord by his Royalty; and those that be two Yeares and under, belong to the Coroner. Also all Sheep that be of a Year old and under, we have seen given to the Coroner. And if there be a broken Rook of Oates we have seen the Coroner have the Fellons part thereof, which Cause we remitt unto the Lord. And all Sheep above a Yeare old, with all other Corn being not broken, all whole falls to the Lord.

Alsoe all, Swine of whatsover Age they be, with all other Goods, belongeth to the Lord, except the Corbes, that should partaine to any Heyre by the Law of this Land, all those we find the Coroner should have.

Alsoe all Goates, we find, should belong to the Queen of this Land.

We find if any forfeit his Goodes to the Lord by Felony, his Wife shall not forfeit her Part of Goods, because the Woman is but subject and obedient to the Man.

But we find by our Oathes, that if the Woman forfeit in Felony, her Husband may forsake her and her Deeds; and if he do not, but conceal her Deedes, he to stand as deep in the Law as the Woman.

Also we find, that if any Inlaynes, or any other bye Man, have any Goods with a Fellon within his House, or without, wee will that he make Suite for that his Goods from the Time that the said Fellon is indicted. And if he make not Suite for his Goods till the Time that the said Fellon is condemned, we find that the said Goods lye in our Lord his Grace, and if he be within the Land that clayme for the said Goods.

Also we find that the Deemster and the Moare shall have their Fees paid out of the Coroner's Part, if it come to xij s. the Deemster shall have iiij s. the Moare iiij s. and the Coroner iiij s and if it be under xij s. every of them alike, much after the same Rate; and all that is over xij s. is the Coroners own Due wholly to himself.

Whereas Complaint was made in Anno Domini, 1570, and the 9th of October, by the whole Commons to Edward Tarbock, Esq. Captaine of the Isle of Man. and all other my Lord his head Officers, and the two Deemsters, that Robert Lassell, now Forrester of the said Isle, did clip their Sheep unlawfully within the Fells; wherupon the Captain did demand the Law of the Deemsters. And then John Lucas and Hugh Clark, Deemsters, did request the Captaine that they might have the Advice of the 24 antientest Men in this Isle, according to the old Custome in such Cases, the which was granted them by the Captaine and the rest of my Lord his Councell, and then they did impannell a Jury as ensueth, viz.—

which, being sworn upon the Evangelists, do say as hereafter, followeth: First, we find by Virtue of our said Oathes, that the Forrester, or his Deputy, ought to go forth, on St. Collumes Eve, through the Forrest, and to ride to the highest Hill Top within the Isle of Mann, and there to blow his Horne thrice; the same done, then after to range and view the Forrest; and on the third Day to go forth, and take such Company with him as he shall think like, to see what Sheep he finds unshorn: and if he finds any unshorn, he ought to take them with his Dog, if the said Sheep be not Milk Sheep, to sheare them, to take the Fleece to his own Use, and to put a privy Mark on the said Sheep; and so to use all that he finds within the Precints of the Forrest at the same time, to the intent, that if any such Sheep be found the next Yeare by the said Forrester, he to certify the Comptroller and Receiver of the same, that they may be recorded in the Court Bookes, and so praized and sold to the Lord his most Profitt.

And whereas the said Forrester did clayme a Lamb within the Precincts of the Forrest, because it was unmarked: we find, by virtue of our Oathes, that he ought not to clayme such Dutys as due to the Forrester; but if he find any such Lamb, Sheep, Goate, or Kidd, that hath no Mark upon them, he ought to take them and put a privy Mark on the same, to the intent that if he find any such the next Yeare, not claimed by any Person to have just Title of the same, or to the same, then the same, to be priced, and. sold to my Lord his most Profitt as a Stray.

The Merchant Stranger his Duty, 1523.

FIRST, he is to appear himself personally before our Captaine, or his Deputy, and to shew him what his loading is, and to tell him Newes from whence he came.

If the Captaine or his Deputy, think that the Wares he hath is for the Commonwealth of this Countrey, he drives him, (if he can) to a Bargaine, and commands him to stay till his Pleasure be further known; and then to summon the Clearke of the Ships, and tell him how far he hath proceded with the Merchant Stranger.

The Clearke is to send word to the four Merchants; and when the four Merchants meet, they to Bargaine with the Merchant Stranger, rather for less than Mr. Captaine could drive them to, or thereabouts, and the Clearke then to write the bargaine betwixt the Merchants and the Merchant Stranger: that done, the Merchants and the Clearke to send Mr. Captaine a Coppy of the Bargaine; and then he, with Mr. Comptroller, to consult what is needful for the Houses and then they to send for the Receivers of both Places, and have further of their Advices; and what they shall think needfull for the Houses, to send their Stewards to take up for my Lord; and that my Lord shall have what his Necessity and Pleasure is, before any Man. After my Lord is served, the Clearke to stand by to keep a true Account between the Merchant and the Merchant Stranger, and to see and write what every Merchant doth take up in his Quarter, and to write every Man's Name that hath taken Wares, and how much every Man hath taken, the Merchants to distribute it according to every Man's holdinge, as they are sworne unto. And when Payment is to be made unto the Merchant Stranger, the Clearke is not to meddle with any Payment in any Merchant's Quarter, except the Merchants be present, or that the Merchants willed him so to doe, and to be always ready at their Commandment, during such Time as the Merchant Stranger is unpaid.

If it be a Ship of Salt, the Metchants are to have a Barrel of Salt out of every xx Barrels; and when all is discharged, the Cleark of the Ship is to have half with the four Merchants, how many Barrels they have taken up.

And if it be a Ship of Wines, the Clearke is to have one choice Hogshead as soon as the Ship of Wines is bought, paying for it as it is bought; and the Merchant Stranger to agree with the Clearke.

And if there be small Wares of no great value, the Clearke and the Merchants are to have the first offer, before any Man, except my Lord. No Man is to have choice Wine but my Lord, the Captaine, Bishopp, Abbott or Archdeacon, and to drink it of free Cost, or els to have none, saving my Lord.

A Man married to two Wives, having Children by the first Wife, being under Age, whether may the Father clayme of the Children of the first Wife, any Thing towards their bringing up, of their Mother's Child's part of Goods or noe.

The Father is bound to bring them up till xiiij Years of Age, then if he like them not, he may turn them off, and give them their Mother's Child's Part of Goodes, by the Law of Mann. But if in Case the said Children do not ask their Goodes till they be xx Years old or upwards, and their Father do bestow great Costs and Charges upon them severally, thinking to stop their Mother's Part for the said Costs, the said Father cannot do soe, because he hath the Increase of their Goods; and he is their natural Father besides.

If any Man be brought to Jaile or Prison upon Suspicion of Felony, the Porter is to have no Duty except Irons be sett on him; not the Constable is to have no Duty except hee be arraigned at the Barr; and the Porter is to have no Duty of any that, is committed to the Moares Towre without he have Irons, except Servants, and then his Duty is to have a Groate of every such Offender, and v d. of every such Fellon.

The Book of Orders made by the Comissioners, Anno Domini 1561, at the Castle Rushen, in the Isle of Mann, the 16th Day of July, in the Yeare aforesaid, by Sir Richd. Sherburne, Knight, Gilbert Parr, Hugh Diconson, William Stopforth, and Alexander Rigby, Comissioners to Edward, Earle of Derby, Lord Stanley, Lord of Mann and the Isles, and of the most noble Order of the Garter, Knight.

IMPRIMIS, forasmuch as great Waste hathe been made in the Castle and in the Peele in Bread, Fuell, Candles, and other Things, therefore be it ordained and ordered, the Captain to have a Loaf of Bread, a Gallon of Beere, two Candles in Sumer, and three in Winter, and reasonable in Fuell every Night for his Chamber, within the House 3 Men, one Page, 3 Horses at Hay, and twenty Bowles Oates at the Lord his Price.

The Receivers to have one Pottle of Ale, Half a Loafe of Bread, one Candle in Sumer, two in Winter, and reasonable of Fuell within their Chambers within the House, one Man a Piece, two Horse a Piece, and twelve Bowles of Oates, either of them for their Horses. The Clark of the Rolles one Quart Beere, one Quarter of a Loafe Bread, one Candle in Sumer, and two in Winter, one Horse, one Page, and six Bowles Oates. The Comptroller one Quart Beere, one Quarter Loafe Bread, one Candle in Sumer, and two in Winter, one Horse at Hay, and six Bowles Oats. The Constables of both Places half a Loafe Bread, 2 Candles in Winter, and one in Sumer, Fuell in Winter reasonable for their Chambers within the House, to search the Watch; and that none of the said Officers shall have any Liveries but when they are there in proper Person: and no more Liveries nor Fyer to be had without a spetial Warrant, signed with my Lord his Hand, to be recorded and afterwards to remain in the Treasury.

The Water Bayliff to have his Liveries and Allowances, as is be appointed to the Receivers afforesaid.

Itm. That there be no Breakfasts allowed but to the Captaine, Receivers, Comptroller, Hall-keepers, Porters, and to the Brewers, twise in the Weeke, at the discretion of the Officers; and the said Breakfast to be had within the House, but the Reversion to the Almes Tubb.

Itm. That at the Drinking Bell there be no Cannes of Drink allowed but to the Porters, two at the afternoon; and that they convey not the same out of the House, upon Paine of their Office; and the Watch Man to have a Canne of Beere to the Watch.

Itm. That none of the Soldiers shall have any Liveries forth, or other Officers, to their own Houses, at any time from henceforward, except they be visited with Sickness, at least two Days before, and so known to the Head Officers; and then, by their Discretion, to allow them honestly for a Day, the third Part of a Tyld of Beefe, one Mess of Mutton, one Canne of Beere of two Quarts, one Loafe of Bread, for Dinner; and the third Part of a Tyld of Beefe, and a Canned of beere of two Quarts, for his Supper.

Itm. That no Soldier of either of the said Houses have any turves allowed to their Chambers out of my Lords his Stores; but if they will have any, to buy as they have done before.

Itm. It is ordained, that no Soldier be taken into any of the Houses, or any Place, or put out, eithout knowledge. And alsoe, that no Soldier be received, being of one Place into the other, in Paine of Forfeiture of his Fee at Meat or Drink, but if they come upon my Lord his Business.

Itm. That no Soldier have Meat or Drink but at the Bell, except that he hath been upon my Lord his service.

Itm. The Receivers to see that both the Places be victualled sufficiently at the beginning of the Yeare, and also that no Salt received to neither Place but by Indenture between the Receivers and the Stewards; and the same Indenture be delivered at the Audit with other Accompts.

[38] And alsoe, That the Receivers have the Charge and Governance of all Manner of Victuals that belong to the Store, for both the Houses, as Wheat, Malt, and Salt, to be delivered by the Steward to them; and that all the Salt be weekly breefed, as it shall be spent.

Itm. That the Porters, or one of them, keep the Gates, and make no Deputy, upon Pain of forfeiting of their Office, except they have Lycence from the Captaine or the Constable, and to lye in the Porter's Ward the one of them every night.

Itm. That the Receivers, Stewards, Cooks, and Slaughter-men, see that the Beeves be brought into the Houses, killed and salted, between Michaelmas and Andrew's Day, so many as they shall need at the afforesaid Houses, until St. Andrew's Day come again, except every Week one Beefe to be spent through the Yeare: and the said Beeves left unkilled of the store, to remain in the richest Men's Hands, and best Farmers, and that they be charged to keepe them, upon double value of the said Beeves, untill they be called for to the use of the said Houses.

Itm. That the Receivers shall appoint one Clearke, within the Gates to sit with the Porters, and one of the Hall-keepers, to receive Turff and Ling, and the Number of Carriages to enter in his Book so brought into the House; and that every Saturday at Night, the said Clearke's Book to be perused by the Captaine, or Comptroller, or one of their Deputies, and the Number of the said Carrs to come into the House to be summed by.the said Officers, or their Deputies, in the said Book, every Weeks end; and such as maketh Default, and bringeth not in the said Turff, to pay for every Carriage iiij d. wherewith the Receiver is to be charged, and the whole Turff Book, so summed and signed either with the Captaine his Hand, the Comptroller, or their Deputies to enter the same, so that the same Book come to the Audit with the Receivers.

Itm. The Officers to deliver the Corne which they do receive into my Lord's Houses by such Measure to the Miller, Maultman, and others, as he doth receive by; that thirty Casts of Bread be made of one Bowle of Wheat of the largest, and is soe accustomed; and that tenn Hogsheads of Beere be made of nine Bowles of Mault; and, that there be no more Beere or Herring disallowed, but only by my Lord's own Councell, as hath been heretofore used among the Soldiers.

[39] Itm. That there go no Chassel, Brand, or Grains, forth of either of the said Houses, unto any Man's House, before the said Brand be seen by the Butler and two of the Hall-keepers; and that the said Chassel, Brand, or Grains, shall not be soulde nor given to any Officer, or their Wives, and the Brand be not taken for the use of the Houses, untill the Bread be brought into the Pantrye.

Also, that the Receivers of both the said Houses shall give Accompts at every Weeke's End in the Yeare unto the Comptroller, or his Deputy, of all such Provision, and they shall provide for the said Houses, and of whom they are bought, and the Prices of them, and the same to be perused by the Captain or his Deputy and other Officers openly when the Brevement of the Houses is taken, and so to be entered into the Comptroller's Bookes; and the same Bookes to be assigned weekly, and summed by the Captain or his Deputy.

Itm. At every Herring Fishing upon the Coast of Mann all Manner of Persons, whatsoever they be, Barrons, Officers, or Soldiers, to pay the Castle Maze and Customes as hath been heretofore used.

Itm. The Receivers shall buy nothing for Provision of the said Houses without Consent of the Captaine, Comptroller, or their Deputyes, as they by their Consents may provide such Things as shall be for the Lord's most Profitt.

Itm. That all such Money as, shall remaine in the foresaid Receivers Hands shall be put into the Treasury att the Castle at every Quarter's End, and, according to the antient Custome and Statutes, the Captaine or his Deputy, with Consent of the rest of the Councell then being within the said Isle, may take forth so much of the said Money then remaining in the foresaid Treasury, by Indenture, whereof the one Side to remain in the said Treasure House, and the other Side with the Captaine or his Deputy; and the same Money so taken forth to be bestowed and imployed upon Merchants when they see Occasion and Time to be proffitable for the Lord his most Advantage, and by all their Consents, or the most Part of them.

Itm. The Receiver shall sell no Hides, nor exchange without Consent of the Captaine, Comptroller, or his Deputy, and other Officers; and the same Hides so sold or exchanged to be seen by six of the Soldiers, how many be Oxe Hides, and how many be Cow Hides; and the same to be entered by the Comptroller or his Deputy at the [40] Week's End in the Household Booke; and all Hides exchanged for Wares to be seen and entered in the like Manner.

Itm. That no Soldier of either of the said Houses shall keep any Greyhound, or Hound, or Spaniel, within the said Houses or elsewhere within the said Island, except he hath Lycence of the Captaine, and bound that the said Dogge shall not come within the said Houses upon pain of every Time so offending xijd.

Itm. That the Captaine or his Deputy, when a Soldier cometh with Warrant in the one of the said Houses to be received before admit them, to see he be an able Man, and have Armour and Weapons according to the Statutes, and to cause the Cleark of the Rolls to enroll his Warrant the Day and Yeare of his Admission, and after Oath given as hath been used.

Itm. If any Soldier at either of the said Houses dye, his Armour and Weapons to remain in the Storehouse to my Lord his Use, for the better Maintenance and Defence of the said Isle and Houses, and to be declared to the Soldier before his Admission, and to consent thereto, or els not to be allowed.

Itm. The Captaine, with the Advice of the rest of the Councell, to appoint One or Two to have the Oversight and Keeping of my Lord's Pastures belonging to the Castle and Peele, so that the said Pastures may be kept and employed for my Lord his most Proffit and advantage, untill further Order be taken therein; and no Horse nor Cow allowed, but the Captaine three Horses, the Receivers two Horses, the Cleark of the Rolls one Horse, and Comptroller one Horse, the Water Bayliffe two Horses, and the Steward one Horse.

Itm. That my Lord's Almes be distributed at the Gates, and that noe Pookes nor Baggs be allowed.

Itm. When any Forfeitts, Wrackes, or Fellons Goodes, doe chance, the Comptrollers, Receiver, or their Deputies, shall make a true Inventory of the same, and they to appoint a convenient Time when Saile shall be made of the same, and to call with them iiij of the most honest Men of the said Parish to be sworne to praize the same Goodes, to be sold to whom will give most for the Lord his Proffitte, and the Comptroller to charge the Receiver with the same.

Itm. When any Man maketh Suit to carry or transport any Stuff or Merchandize out of the Isle unto any Forraign [41] Parts, that the said Captaine shall consult with the rest of the Councell there, once in a Weeke, what, Wares may be best spared, for the best Comoditie of the Inhabitants of the said Isle; and the said Captaine with the consent of the said Councell, shall agree upon to give Lycence and all those Wares so Lycensed, to be mentioned in a Bill, with the quantity thereof, signed with the Captaine his Hand, or his Deputy; and the same to be delivered to the Water Bayliff, or his Deputy, so that there be no Wares carried forth but are Lycensed; and that the same may pay Custome according to the Lawes of the Land. And the said Bill of Lycense to remain with the Water Bailiff untill his Accompt at the Lord's Audit, and there to be delivered; and it any more may be found than is Lycensed, the same to be forfeited.

Itm. That the Water Bayliffe shall make a Booke of every Shipp, Pickard, and Boat, that bringeth any Wares into the Countrey, and the Day when she cometh, and what Wares she brings into the Land and what Wares she taketh out of the Land, and what Custome is due for the same, and to deliver a Copy thereof to the Comptroller, or his Deputy.

Itm. When any Forfeit is seized within full Sea-Mark, by any of the Officers, to the Lord's Use, the same to be certified to the Captaine, or his Deputy, with speed; and then he to call the Officers and the two Deemsters together, and they to commune and consult how is was ceized. And if the said Captaine and Officers do find the same lawful, then the Comptroller to enter the same in his Booke of Records, as well as the Water Bayliffe, not only of the Parcel, but also of the Day and Yeare of the ceizure of the same. And the same Goods to be praised by four substantial Men, so that if the same be deemed by any Person or Persons, that they may have the Law of the said Isle, or the Value thereof, if the Party come within a Yeare and a Day: and if the said Officers take the said Goods to be clear forfeited then they to cause the same to be sold, and convirted to the Lord's most Profitt and Advantage, in the Water Bayliff's Accompt.

Itm. That the Clark of the Shipps do make a perfect Book of all such Wares as the Merchant Stranger shall bring into the Country, and how and to whom the same Wares are distributed, and what Wares he shall carry out of Mann, and how much Custome is due for the same; and [42] the same Book to be assigned with the Clark's Hand, and to be same over yearly unto the Lord his Auditt, and that the Comptroller have Knowledge of the same Wares by the said Clark, so oft as any Ship comes in, and sight of the Book from Time to Time.

And when the Receiver and the Moars do reckon, the Comptroller to be there, and the same Reckoning and Accompt to be made before him.

Itm. The Fines and Amercements, after the cause considered by the whole Councell, after the Power of the Party, to be assessed by the said Councell.

Itm. The Chancery to be kept every Munday in the Exchequer, according to the old Laws and Statutes of this Isle, or else in some other convenient Place in the Town.

Itm. The Captain, Receivers, Cleark of the Rolls, and Water Bayliff, once a Month at least, to be in the Exchequer, att the Castle of Rushen, in Mann, or so many of them as shall be within the Isle; and there to consult of My Lord his Causes and Affairs of the said Isle, for the Commonwealth's well Governance, and well keeping of the said Isle and Houses.

Itm. The Records to be enrolled in Parchment every Year once, and the said so enrolled, to be sent over to the Lord his Auditt, and the Auditor's Hand to be putt to the same, and then conveyed over again, and laid amongst other of the Records.

Itm. That no Alien, coming into any Haven in Mann, with Merchandize, or otherwise, shall after warning to him given, pass further into the Island without Lycence of the Councell, but to the next Parish Church, upon Paine of Forfeiture of his Goods, and Body to Prison; and that Irish Women, loytering and not working, be commanded forth of the said Isle, with as much convenient speed as may be; and no Boat hereafter to be suffered to bring any of the said loytering Persons into the said Isle; but that he, upon Paine of Forfeiture of his Boate and Goods, after warning him given, take the said Persons to him againe.

Itm. That the Clearke of the Garden is to be appointed in either of the said Houses, by the Receivers thereof; the same to be such as they will answer for.

(Signed) Richard Sherburne. William Stopforth.

Gilbert Parr. Alexander Rigbie.

Hugh Dicconson.