[from Mills' Statutes, 1821]

THE BOOK
OF THE
CUSTOMARY STATUTES

Of the Isle of Man.

Memorandum, the 13th Day of July 1577 — That all the whole Customes which were by my Lord his Comrnandment put in Writing by us, his two Deemsters, were proclaimed to be holden for Law at the Tynwald Day att St. John's Chappell the Day and Year above written.

Certain Old Customes given for Law which have never been put in writing, but used and allowed of long Time heretofore.

ALSOE, we give for Law, that if any Man dye, the Wife to have the one Half of all his Goodes, moveable and immoveable, and the Debts to be paid out of the Whole; and also the Wife to have the one Halfe of the Tenement wherein she dwelleth during her Widowhood.

Alsoe we give for Law, that if there be any Man or Woman that mislike their Children's Behaviour, the Parties [55] making their Will before the Priest and Clarke, or sufficient Witnesses, that then if the Parties doe bequeath to their said Children but vjd. they can claime no more for their Child's Part of Goodes, except they dye without any Will making, and then all the Children are Executors by the Law; and if they make their Wills, they may give their Goodes and make Executors whom they Please.

Alsoe we give for, Law, that if one Man having any Action the one against the other, it is lawful for the Moare to summon the same Party at the Request of the Plaintiff at the Parish Church, and the said Moare to have two Witnesses with him at their summoning.

Alsoe, we give for Law, that whosoever is summoned, and doth not appear when he is called in Court, that the Deemster doth call in the Moare with two Witnesses, one on every Hand of him, and to sweare that they heard such a Man summoned, then he is to be putt in vjd. fine to the Lord.

Alsoe we give for Law that the Parties whom he hath summoned, the other shall enter his Action by taking of the Law, and there to be received what Loss or Hindrance is done unto him; and then at the next Court holden he is to be summoned againe, and if he do not appear, the Moare must do as is aforesaid, and he shall enter his Action again, and the Sume of his Losses in that Action as he shall think good to say for himselfe; and then the Party shall be put in vjd. Fine againe, which is the second Time.

Alsoe we give for Law, that if there be any Man who hath been summoned thrice, and doth not appear at the third Court holden being summoned as is aforesaid, then the Party to come in and enter his Action, and what Losses, Costs, and Hindrances he doth alledge or lay to his Charge, he is to pay the Whole, and be putt in vjd. fine to my Lord.

Alsoe we give for Law, that whosoever doth take any Man's Goodes, and bring it to the Pinfold, he shall send to him that oweth the Goods to loose them by; and the Party that taketh the said Goodes must send Word to him that oweth it with convenient Speed, knowing the Owner; and the Owner not being knowne, to be called in the Parish Church upon the next Sunday, or in the Markett; if that then he will not do as is aforesaid, to give his Goodes Water once a Day; and if they dye, he can have no Mends, for they are lost in his own Default.

[56] Also we give for Law, that if any Person or Persons having Occasion to take the Law one against another, if that he find him within the Court, he may by Law take him by the Arm, and bring him before the Deemsters, and set his Foot upon his, and take the Law of him, although he never summoned him.

Also we give for Law, tbat whosoever hath his Goodes brought to the Lord's Pinfold shall have the Goodes given him again the first time free, without paying him any thing for them; and if they come a second time, the Lord to have an Ob. for every Beast's Foot as oft as they shall come afterward, whereof the one Half to go to the Keeper of the Pinfold.

Also we give for Law that whosoever is apprehended for Fellony, and is condemned by the Deemsters to dye, the Party that sueth him to Death can have no more than is found in his Hands which he is arraigned for, and condemned by the Law, altho' he confess that he had more; for that which he had is my Lord's by his Prerogative.

Alsoe we give for Law, that the Coroners shall every Court Day present whosoever they be that have disobeyed his Yard in my Lord his Affairs; these Offenders then are to be fined at the Discreton of the Officers, and according to Law.

Alsoe we give for Law, that the Moares shall every Court Day present all them who have disobeyed their Yards, and then they are to be fined as afforesaid.

Also we give for Law, that whosoever keepeth any Lidgates, being Highways to the Forest to draw their Turff and Ling, and to drive their Goodes to the Commons, that such Persons as use that said Way, shall pay to him, that keeps the said Gates, an Ob. at the end of every seven Yeares; and if that it be betwixt Neighbours, they to make it among them, and to take the Ob. of every Man at the Time appointed.

Also we give for Law, that when Controversy falls between Party and Party for any Manner of Cause, that when the Party Plaintiff shall bring with him two honest Men to sweare with him to witness Trueth, according to the Lawes, soe that they witness to their own Knowledges.

Alsoe we give for Law, that whereas two or three Tennants dwelling on one Farme, holding the said Ground without Lease, that if One of them that comes last cause the Ground to be divided, he must divide it himselfe, and [57] give the eldest his Choice: and so may he that is youngest in the Ground.

Also we give for Law, that all Manner of Tennants, as well my Lord's as others, shall make a sufficient Ditch to defend his Goodes from his Neighbours, that is to know such a Ditch as shall defend Horse or Cow, and to be made from the Annuntiation of our Blessed Lady till Michaelmas, and to keep a sufficient Herd to keep their Beast from doing Injury one to the other.

Alsoe we give for Law, that all Manner of Persons dwelling upon our Lord his Land shall enter at the Court holden at May upon the Farme, and the old Tennant to go his Way, soe that the new Tennant may enter upon the Grass, because he pays the setting Turff; provided always, that the old Tennant shall have the Cropp which he may take with his Sickle or Syth. as well Grass as Corne; and also he ought to have of the Eddish as much as he can eat with his Beast from Morning till xij a Clock, and the new Tennant to have the Afternoon's Grass and soe continue until he have stacked his Corne and then to have no more Grass at all; but he ought to have a Barn to thresh his Corne in, and other House, at the Discretion of the Deemsters for the Time, and the old Tennant to pay the Yeare's Rent.

Also we give for Law, that all Manner of Person or Persons that goeth to my Lord his Forrest for Turff and Ling ought to pay the Forrester an Ob. and if the Party do putt in stoned Horses and Cattle, he ought to pay a Penny Halfpenny.

Also we give for Law, that the Deemsters ought to have one Choice Servant out of every Sheading at Allhollowtide, and, likewise at May a Woman Servant.

Also we give for Law, that the Moares ought to have their Choice Servants within their Parishes at Allhollowtide, and likewise at May a Woman Servant.

Also we give for Law, that all instituted Parsons, and Viccars of Thirds or Viccars of Pencion, ought to have his Brige and Staff; that is to say, if they have a Man Servant that cometh to them of his own free Will, he ought not to be taken from them.

Also we give for Law, that all Manner of Tennants that bear my Lord but a Penny Rent, shall pay the Coroner's Fee; and if that he committ Fellony, or any other Trespass, my Lord ought to have his Goodes by the Prerogative of his Laws, whose Tennant soever he be.

[58] Also we give for Law, that the Deemsters may give Sentence three several Times for Corbes to three sundry Persons one after another, and the fourth Person come afterward he loses his Right for his long tarrieing.

Alsoe we give for Law, that if any Man dye, his Wife to have the one Halfe of his unmoveable Goodes, and the third Part moveable Goodes, having Children; and if he have none, she ought to have the one Halfe of all the Goodes, whatsoever it bee, provided that the Church Dutys be paid of the Dead's Part; and all the temporal Debts to be paid out of the whole Goodes.

Also we give for Law, that whereas Controversy falls between Party and Party, he who is the Defendant must sweare with honest Witnesses with him to their own Knowledges.

Also we give for Law, that all Persons who bear 6d. Rent to my Lord ought to make their Appearance at every Court holden within the Sheading wherein the dwell; and if they do not appear when and where they are called, they ought to be fined by the Discretion of the Governor and Officers.

Also we give for Law, that if any Man having but one Child, the next of Kin of the Father's Side shall have the Custody of the Child and all his Goodes till xiiij Years of Age, and then he may choose to go to whom he please; providing alwayes, that if the Child dye being under xiiij Yeares of Age, then the said Goodes to come to the next of Kin upon the Father's Side, being legitimately begotten; and if the said Goods come by the Mother's Side, then the next of Kin by the Mother to have it as aforesaid; if there be two Children, then the Father's Side to have the youngest, and the other Kindred to have the eldest Child, with his Goodes.

Also we give for Law, that all Coroners shall make a general Search four Times in the Yeare for my Lord his Profitt, that is, at Allhollowtide, Christmas, Feasteen-Even, and Whitsuntide, throughout all the Isle, every Coroner within his own Sheading, and this they ought to do by Custome.

Also we give for Law, that a Bastard can have no Goodes, except they be given him by Will, or at the Discretion of the Ordinary upon Charity, otherwise they can have none by Lawe.

Also we give for Law, that the Husbandman's Son is my [59] Lord His Honour's Treasure, for that he is to be a Tennant; when any poor Man doth fall in Poverty, and is not able to provide Rent, then he is to be taken and sett in the said Ground by Force and Tenure of the Straw, and then he must pay the said Rent as long as he is able; except he fall into Poverty, he shall keep it still, except he be his Father's eldest Son; and if his Father dye, he shall be set at Liberty.

Also we give for Law, that when any Action is recovered, the Moar shall go to his House which has been judged to make Amends for any Trespass committed betwixt Party and Party; and the said Moar shall deliver sufficient Stress or Double within fourteen Dayes Space after the Judgment is given; and the said Stress ought to be called in the Church three severall Sundays together, and if he that oweth it doth not come and loose it upon the fourth Sunday, or before, he may sell it lawfully, and the Party looseth it for ever, having the Overplus paid back to him.

Also we give for Law, that when a Man cometh to the Deemsters to moan, that he wants an Highway from his House to the King's Highway, he ought to drive as far upon his own Ground as he may to the King's Highway; and then he ought to have a Way upon his Neighbour, and that ought to be xviij Foot broad; and if, his own Ground come to the Highway, he can have none of his Neighbours; for altho he want the nearest Way, he ought not to have it in that Order, altho' it be further about.

Alsoe we give for Law, that no Manner of Persons doe receive or receipt any common Thieves which dwelleth on the North Side shall be received on the South Side by noe Man dwelling there, nor noe Thief that committs Fellony dwelling upon the South Side of this Isle shall be received nor receipted by any Man dwelling upon the North Side; for if any of them doe as is aforesaid, for the same receipting he is a Felon by the Law as well as he that stealeth the Goodes, whatsoever it be of Value.

Alsoe we give for Law, that whosoever goeth the Forrest either by Day or Night to kill my Lord his Game, he ought to pay vijd. for every one of them, as well young as old, and for every tame Deere xl. and to be imprisoned at the Discretion of the Officers.Also we give for Law, that whosoever goeth to the Hough where the Hawkes do breed, or Hyrons likewise, [60] he forfeiteth for every of them; that is to say, if he take any of the old or young Ones, or Eggs, iijl. apiece for soe many, as he or they may be proved to have in the Court.

MEMORANDUM.

Hereafter follows the Fencing of the Sheading Courts, and the Charge to the Great Enquest, &c.

I DOE Fence the King of Man, and his Offices, that noe Manner of Men do brawle or quarrell, nor mollest the Audience, lying, leaning, or sitting, and to shew their Accord, and answer when they are called, by Lycense of the King of Man and his Officers.

I doe draw Witness to the whole Audience that the Court is Fenced.

It is the King of Man his Pleasure and his Officers to keep Court twice in the Year, that all Men, both rich and poor, deafe and dumbe, halt, lame, and blind, to come thither on Horseback, or on Foot, to be drawne thither upon Horse or Carr, that they may know the King of Man his Pleasure and his Officers, and the Law of his Country.

Call in four honest Men of every Parish to goe upon the Great Enquest, to present all Trespasses that were done in the half Yeare.

First, You shall enquire if there be any Manner of Person or Persons that have been sworn out of the Kingdom or Barronie bee received or receipted within this Land, without my Lord his special Pardon or Warrant; if there by any such Person or Persons that comitt the like Offence, you shall, by virtue of your Oath, present them.

Alsoe, you shall enquire whether all petty Officers doe execute their Offices; that is to say, the Coroner and his Lockman, the Moar and his Runners, the Waterbayliff and his Deputys, and the Forrest Keeper and his Deputyes; and if there be any of them that doe otherwise than the old Law of the King of Man doth permitt them, if there be any such, you shall by virtue of your Oathes present them.

Also, you shall enquire whether all petty Craftsmen doe execute their Occupation justly; that is to say, Shoemakers, Coblers, Taylors, Websters Women, Weavers, and Smithes; if there be any of these, that do otherwise then the old Lawes [61] out Lycence, further than the Coroner or his Lockman, may by virtue of their Office, arreest for my Lord his Use; if there be any such Person or Persons, you shall by virtue of your Oathes, present them.

Alsoe, you shall enquire whether there be any Manner of Person or Persons that go into the Houghs where the Hawkes do Breed, to take old, or young, Hawkes, or Hawkes Eggs out of the Nests; if there be any such, you shall, by Virtue of your Oath, present.

Alsoe, you shall enquire whether there be any Manner of Person or Persons that bring Aliens into the Country Soyle, that is to say, Pedlars or Chapmen, that they go no further than to the next Parish Church unto the haven wherein they do land, except one of them to repair unto the Lieutenant Captain or his Deputy, to shew unto them the Cause of their coming into the Countrey; and if they do come in at one Tide and out at the other; otherwise you shall by virtue of your Oathes, present them.

Alsoe, you shall enquire whether there be any Manner of Person or Persons that go into the Houghes where the Hyrons do Breed, to take old Hyrons or young, or Hyrons Eggs out of the Nests; if there be any such Person or Persons, you shall, by virtue of your Oath, present them.

Also, you shall enquire if there be any Manner of Person that goeth by Day or Night with his Bow or Arrow to the King's Forrest, or with his Hounds or Greyhounds, to kill the Lord his Game; if there be any such, you shall, by virtue of your Oath, present them.

Also, you shall enquire if there be any Person or Persons set Fire upon Ling, Gorse, or Turff, within the King's Forrest, either by Day or by Night; if there be any such, you shall, by virtue of your Oathes, present them.

Also, you shall enquire if there be any Manner of Person or Persons that leave their Fell Ditch or Lidgates open, and going unto the Forrest or Lidgate open unto the Lowlands, which may be hurtful unto their Neighbour; if there be any such, you shall, by virtue of your Oath, present them.

Also, you shall, enquire if there be any Person or Persons that take up my Lord his Wreck or Flotes further than from the Low-water Markes, till above the full Sea, without the Coroner or Lockman with two Witnesses with them to certify the Truth; if there be any such, by virtue of your Oath, you shall present them.

Also, you shall enquire if there be any common Thief [62] that committeth Fellony dwelling upon the South Side of the Country, and be received or receipted by any Man dwelling upon the North Side of the Country; if there be any such, by virtue of your Oathes, you shall present them.

Also, you shall enquire if there be any Manner of Person or Persons that kepeth any stoned Horse, except he be worth vjs. viijd.; if there be any such, you shall, by virtue of your Oathes, present them.

Also, you shall enquire if there be any Manner of Person or Persons that keep any scabbed Horse or Mare, and if there be any such, the Coroner ought to bring them to the next Hough, and to cast them down there; and whosoever oweth any such Goodes to be in iijs. iiijd. Fine and the Coroner to have xijd. for his Paines; and if he do know them, and do not his Duty, he ought to be put in 3s. 4d. Fine himself for neglecting his Duty; and if there be any such, by virtue of your Oath, you shall present them.

Here ends the Charge.

Alsoe we give for Law, that if any Man take a Woman by Constraint, or force her against her Will, if she be a Wife, he must suffer the Law for her; if she be a Maid or single Woman, the Deemster shall give her a Rope, a Sword, and a Ring, and then shall have her Choice to hang him with the Rope, cut off his Head with the Sword, or marry him with the Ring.

Alsoe we give for Law, that if a Man get a Maid or young Woman with Child before Marriage, and within a Year or two after doth marry her, if she was never slandered nor defamed with any other before, that Child begotten before Marriage shall have his Father's Corbe and his Farme according to the Custom of this Isle.

Alsoe we give for Law, that if any of the Lord his Tennants be destitute of Servants, and come and make his Complaint to the Deemster, that he can get none to occupy my Lord his Land withal, then the Deemster is to send to the Coroner and to the Lockman of every Parish, and to swear four honest Men in every Parish to enquire first of vagrant Servants, and to serve the greatest Rent first, and then every Man according to his Rent; and if there be no such Servants and if such need be, then he that beareth 5s. Rent unto my Lord is to serve him that beareth 10s. Rent, rather than the Lord his Land fall to Decay.

[63] Also we give for Law that no Officer may imprison any Man for Debt, nor any other Cryme, but as the Deemster shall appoint by Law and Process.

Also we give for Law, that whosoever disobeyeth the Coroner during the Time he carryeth the Rodd, shall forfeit lxs. to my Lord; and whosoever disobeyeth the Moare or Serjeant shall forfeit vjs. viijd. being lawfully charged.

ORDERS

Set down the 24th. June Anno Domini 1594, by Consent of RANDULPH STANLEY, Esquire, Captaine of the Isle of Man, and the rest of the Officers of Tinwald then holden, and there proclaimed for the good Government, common Weale, quiet Estate, and safe Keeping of the said Isle.

First, Whereas the safe Keeping of this Isle consisteth in the dutifull and carefull Observance of Watch and Ward without which the Lord can never be well defended, nor the People live in Safety; therefore be it ordained, that all Watch and Ward be kept according to the strict Order of Law, that none be sent thither but such as are of Discretion, and able to deserve to be carefull and that the Night Watch shall come at Sun-setting, and not depart before the Sun-rising, and that the Day Watch shall come at the Sun-rising, and not depart before the Sun-setting.

Itm. That upon Warning given, every one to be able to encounter the Enemy, upon Pain of forfeiting Life, Body, and Goodes.

Itm. That whosoever absenteth himself from the Muster shall be punished by Fine and Imprisonment, unless he be letted with Sickness, or such like lawful Excuse.

Itm. That no Markettes be kept on the Lord's Day, neither for Victualls, nor any Thing else, upon Pain of Imprisonment and Fine to the Lord.

Itm. That noe Strangers, nor any Countreyman for them, buy Comodities of the Countrey forth of the Marketts, nor yet in the Marketts before the Markett Bell be range, upon Paine of Imprisonment and Fine to the Lord.

Itm. That all the Inhabitants within the several Sheadings of Rushen, viz. Kirk Christ, Kirk Arborey, and Kirk Malew, and the Parishes next adjoining, viz. Klrk Santan, and Kirk Marown, and Glanfaba, viz. Kirk Patrick, and [64] Kirk German, and the Parishes next adjoining, that is Ballaugh and Kirk Michael, doe keep the ordinary Markett Dayes appointed within those Limitts, and doe bring thither and present all such Victuall, Corne, Wares, and other Merchandize, as they have to spare or sell, upon Pain of Imprsonment and Fine to the Lord; and if they cannot sell there, then to be at liberty to carry the same to any other Markett.

Itm. That no Man shall sell any Corne to the Stranger, but first they shall tender the same, or sufficient Part thereof, to the Markett, that the Countrey may be first served.

ARTICLES,

Delivered the 24th of June 1594, at the Tinwald then holden, to the Viccar's Generall by RANDULPH STANLEY, Esquire, the Captaine of this Isle; which Articles are to be enquired of at the next Consistory Court to be holden within this Isle.

First, That they impannell in the severall Sheadings Jurors to enquire into all Offences committed against the Spiritual Lawes, and the same Jurors, to be chosen of such as be of the best Ability and of most Sufficiency to discharge the same well.

Itm. That they take Order the Queen's Majestie's Injunctions be read in their Churches.

Itm. That they enquire and present if there be any in the Isle do use Witchcraft or Sorcerie.

Itm. That they inquire of and present all Adulterers, Fornicators, Blaspheamers, Drunkards, and such like.

Itm. That they inquire of and present all such as carry Bells or Banners before the Dead, or pray upon the Graves of the Dead.

Itm. That they inquire of and present all such as shall keep any Markett upon the Sabboth Day, or otherwise profane the same.

Itm. That they inquire of and present if there be.any Person or Persons within this Isle that refuse to come to the Church to hear Divine Service, or to receive the blessed Sacrament of the Lord's Supper.

[65]

ARTICLES and QUESTIONS of DOUBT,

Propounded by RANDULPH STANLEY, Esquire, Captaine of the Isle of Man, the 24th Day of June, 1591, at the Tinwald then holden, to the two Deemsters and 24 Keys of the said Isle.

FOR that I have received an Oath to deale indifferently betwixt the Lord of this Isle in Matters of Justice and the People of the said Land, and do find on Perusal of your Lawes, such Repugnance as I can resolve which of them standeth in force:

I am therefore to crave the Assistance of you the two Deemsters and 24 Keys of this Isle, ellected for the resolving all doubtfull Pointes in Law, to give me your full Resolution therein; whereupon, God willing, I will, during the Time of my Government here, put the same in due Execution; the which Lawes and Doubts hereafter follow together with the Answer of the two Deemsters and 24 Keyes to the same.

I find, in the Book of your Lawes delivered me by the Deemster Sansbury these two Lawes following for Watch and Ward, in which, as there is great Repugnancie, so I desire it to be resolved whether of them remaine in force, and, that the same so remained may be proclaimed and made known to the People of this Isle, to be their Law for the keeping of the said Watch and Ward.

First, that Watch and Ward be kept through your said Land as it ought, upon Pain of Life and Limb; for whosoever faileth any night in his Ward, forfeiteth a Wether to the Warden and the Warder, a second Night a Cow, the third Night Life and Limb to the Lord.

If any Party faile, and do not come to his Watch, and the Warden do appoint another in his Room, to forfeit according to this Statute.

It is ordered that all Watches and Wardes upon the Ports and Coasts of the Sea be well and duly kept; and whosoever failes, he forfeits all his Goodes and Body at the Lord's Will.

The Meaning of this Statute is, that if the Party be in the Place whereat he should Watch, and then after the Watch is set doe go away before the ordinary Time without Consent of the Warden, then to forfeit Body and Goodes to my Lord.

[66] Alsoe, whereas Shipmen and Chapmen might have no Lycence to pass the Land with their Goodes and Cattle to reare the Lord's Farme as they were accustomed to do, which hath been great Hindrance to the Land; for better it were for them to thrive upon their Merchandize, than other Foreigne Merchants and Chapmen: Therefore be it ordained, that every Chapman and Shipman have Lycense as oft as his Proffit serveth, to England, lreland and Wales, so that he warrant the Lieutenant, and have Lycence to go and know if he have any Business and Cause to the Coasts they go unto, or back again.

This to stand and take Effect both for the Farmer and Merchants of the Countrey according to the Statute. When any Man maketh Suit to carry or transport any Stuff or Merchandize out of this Isle into any Foreign Parts, that the said Captaine shall consult with the rest of the Councell there once in a Week what Wares may best be spared for the best Comodities of the Inhabitants of the said Isle, and the said Captain, with the Advice of the said Councell, shall agree upon to give Lycence; and all those Wares soe lycenced to be mentioned in a Bill, with the Quantity thereof, assigned with the Captain his Hand or his Deputy, soe that there be no Wares carryed forth but such as is lycenced, and that the same may pay Custom according to the Lawes of the Countrey; and that said Bill of Lycence to remaine with the Waterbayliff until his Accompts be at the Lord his Auditt, and there to be delivered; and if any more may be found than is lycenced, the same to be forfefted.

The Captain is not to call the rest of the Counsell for the granting of Lycence without the Complaint of the Countrey for Restraint, and for the Course of Lycenee to pay their Customes as they have been hitherto used.

Also we give for Law that a Bastard can have no Goods, except they be given him by Will, or at the Discretion of the Ordinary upon Charity, otherwise they can have none by Law.

A Bastard is to have no Goodes but according to the Statute.

Also we give for Law, that if a Man get a Maid or young Woman with Child before Marriage, and within a Yeare or two doth marry her, if she was never slandered nor defamed with any other Man before, that Child begotten before Marriage shall have his Father's Corbe and his Farme, according to the antient Custome of this Isle.

[67] If a Man get a Maid or young Woman with Child, and then within a Yeare or two after doth marry her, we judge them to be legitimate by our customary Law.

Also, Whereas it is said, that the Porter of your Castle, your waged Yeomen within your Garrisons dwelling, should beat your Tennants when they be brought to Prison, and taketh of them more than his Fees, that ought not to be redressed before your Deemster, but before your Constable within your Garrison, in which the Fault is soe committed by our Law of Mann.

Porters and Soldiers are to be judged what Punishment is due for their Offence by their Constables for Matters of Household.

Also we give for Law, that no Officer may imprison for Debt, nor any other Crime, but as the Deemster shall appoint by Law and Process.

Noe Officer is to imprison for Debt, except it be for my Lord and Household Causes, but as the Deemster shall appoint by Law and Process.

Also lastly, I desire to be resolved whether any Officer of this Land, but the Captain only, hath Power to grant forth his Token for the Arreast of any Person or Persons; and if there be any, then I desire to be resolved what Officers they are that be soe authorised, and what Causes they may soe grant their Tokens as aforesaid, and by what Law they are warranted so to do.

Noe Officer is to arreast but the Captaine and Waterbayliffe; and if a Man give the Waterbayliffe a Penny to arreast any Person for Debt, if the Waterbayliffe neglect his Duty, and the Party escape, he is to pay the Person's Debts that escapeth.

I pray you certify me, what Punishment your Lawes impose upon the Wardens of the Watch, if they do not nightly see the Watches sett at the Hours appointed.

If the Wardens do not their Duty according to the Captain's Directions they are to be punished at his Discretion.

Also, I pray you certify me in Writing, if those appointed to Watch neglect the same, whether their Forfeiture be due to the Wardens, unless the Wardens put others in their Steads to watch; and if the Forfeitures in that Case be not due to the Wardens, then to whom is it due?

[68] There is no Forfeitures due to the Wardens, unless he appoint one in the Stead of another; all their Forfeitures are the Lord's.

Also, I pray you certify me in what Sort their Forfeitures are to be presented, whether by Jury in Court, or may be taken by Witnesses before myself out of Court.

All Forfeitures are to be presented in Court by Jury, or by sufficient Witnesses before the Captaine and the rest of the Lord's Officers, considering the most Forfeitures of Watches stand upon loosing of Body and Goodes.