[from Mills' Statutes, 1821]

Collected out of the Exchequer Court Book,

FOR THE YEAR 1583.

WHEREUPON spetiall Regard of sundry Complaint made by divers Inhabitants of this Isle, and avoiding of sundry other Inconveniences ensuing, or hereafter might ensue! being not foreseen, and prevented, and specially in regard of the Commonwealth of this Isle in that Behalfe, and the Inhabitants thereof touching sundry Abuses, for want of putting in force good and laudable Statutes, Laws, Customes, and Orders, heretofore by especiall Providence and Foresight made and ordained, and now for this our especiall Time not only most needful to be revived, remembered, and put in force according to the Meaning of the Taking of the same, but also some other wholesome Orders answerable to the Time by Consent, to be invented as from Time to Time good Government requireth the neglecting whereof is not only the Breach and Means whereby good and wholsome Lawes, Statutes, and Orders, rest in Oblivion and Forgetfulness, but also the Commonwealth of this Isle runneth into Ruin, to the great impoverishing and Disquietliness of the Inhabitants there and especially to such honest and discreet Persons as would seek to maintain their honest Estates, if by Occasion of evil-disposed People the were not hindered or letted for want of Redress and Amendment of the said Abuses in Time convenient, and for that such Orders as hereafter shall ensue be at this present chiefly thought most necessary to be put in Execution first. It is, therefore, by good Deliberation and Advice of the Deputie and Councell of the Isle present at this Court of Exchequer, holden at the Holme Town near unto [69] the Peele the 29th of October Anno Domini 1582, Whose Names be hereafter subscribed, for renewing and reviewing of the said Statutes, ordered, That it shall be lawfull from henceforth for every or any Inhabitants whatsoever within the Isle of Mann, occupieing any Lands or Tenements within the said Isle to keep the same in all Winter and Summer without Prejudice, Hurt, or Gainsaying of any of his Neighbours, or other Inhabitant, making his Ditches environing and compassing the said Ground in such lawful repair, and so keeping the same from Time to Time as the Course of Law appointeth, viz. every Ditch of the Height of four Foot and a Halfe, and in Thickness of a double Ditch, according to the antient and usual Custom of the said Isle.

And further, it is ordered in the said Court by the said Councell, that the Goodes or Cattle of any Person or Persons whatsoever making Trespass to the said Ground, being soe sufficiently ditched and kept in repair as is aforesaid, that then it shall be lawful for the Owner of the said Ground, or any of his Servants or Family, or any of them soe finding the said Cattle comitting the said Trespass within the said Ground, to drive, carry, and lead away the said Goodes or Cattle without Hurt or Harme done to the same, to the Lord his Pinfold within the Parish where the same shall be taken, appointed for that purpose, giving the true Owner Sufficient Warning of the Impounding of the said Goodes to the Intent he may relieve the same according to Order of Law, where the said Goodes shall remaine, without taking or carrying away by the said Owner, or any other for him, until such Time as the said Owner have given sufficient Pledge by way of Surety, or otherwise, as the Law appointeth in that Case, to the Keeper and Pinder of the said Pindfold, to make sufficient Amends to the Party grieved according to the Trespass done, or be answerable to the Law in that Case requireing: And further, notwithstanding the said Pledge given, the said Owner shall pay, before the Departure of the said Beast or Cattle to the said Keeper of the said Pinfold, for every Foot an Halfpenny to the Use of the said Lord according to the Order of Law; Whereof the said Pinder being sworne, shall make a true Accompt in Writing from Time to Time as he shall be called upon for the same.

Itm. It is further ordered by the said Councell in the said Court, that where, the Right Honourable Henry Earle [70] of Derby, Lord of this Isle, hath, under his Hand, by the Advise of his Councell in England, and such of the Councell of this Isle as were then present, taken Order for the keeping of his Pastures in Severalltie, as by the said Order doth more at large appear; that all and every Person and Persons whosoever, whose Tenements, or any other Part or Parcell of Ground do adjoine, abutt, or be, lying over annends or against the Lord his Pastures or Closes, or any of them, within this Isle, shall make the Ditch and Ditches of the said Lord his Closes so farr as the said several Grounds shall extend, of their own proper Costs and Charges of the lawfull Height and Breadth before specified, and the same shall uphold, maintaine, and keep in sufficient Repair from Time to Time, Winter and Sommer, upon pain to forfeit for every Time that the said Keeper or Keeper of the said Closes shall make true Presentment of the Default in any Court, by his solemn Oath taken upon a Book, that the said Ditches be not made and repaired according to the Limitation before specified, in whose Default the same is, the Sum of iijs. iiijd. to be levied to the Lord his Use, the said Ditches to be made before the Feast of the Purification of our Blessed Lady next ensueing the Date hereof.

Itm. Whereas divers and sundry Complaints hath from Time to Time been made, that divers and sundry Inhabitants, being evill-disposed Persons, have, and daily doe abuse the Goodes and Cattle of there Neighbours in riding, labouring, or working them without Lycence of the true Owner, nothing regarding the Hurt that thereby may ensue to the said Owner if the said Goodes shall quayle, but maintaining themselves and the noughty Fact by an unlawfull Use and inordinate Custome, worthy to be abollished and not remembered amongst civill People where Friendship and other good Government is to be imbraced: It is therefore by especial Consideracion in that Case ordered in the said Court by the said Councell, that no Person or Persons within the said Isle, of what Degree, Estate, or Condicion soever he or they be, shall after this present Court holden, take any the Goodes or Cattle of his Neighbours, or the Goodes or the Cattle of any other Man, and ride, draw, work, labour, or otherwise employ the same to his own Pleasure or Benefitt, altho' he take the said Goodes trespassing within his Ground, upon pain to forfeit to the Lord his Use for every Time so doing and offending, being duly [71] convicted by Information, Accion, Plaint, or otherwise, by the Averrment of two sufficient Witnesses, upon their Oathes, testifyed the said Disorder and Abuse, the Sum of three Shillings and four Pence, and otherwise to make Amends to the Party grieved, as the Extremitie of Law will awarde.

Itm. Whereas diverse and sundry the Inhabitants of this Isle, contrary to a good and laudable Order, and diverse and sundrie general Restraints made, not regarding their Duty, have, and daily do, notwithstanding the said Restrainte, buy, sell, give, grant, chap, and exchange their Farmes, Lands, Tenements Cottawes, Milns, Intackes, and other Landes whatsoever in their Holdings, at their Liberties and Pleasures, without the especiall Lycence of the Lord or his Councell of the said Isle; whereupon, and by Means whereof, diverse great Inconvenienees have and do arise daily, as by the Sequele thereof appeareth, as well between Party and Party, as also to the Lord himself, making, as it were, common Merchandize of his said Lands, being but Tennants thereunto, whereby the Lord his Rents, Duties, and Customes cannott be soe well gotten, nor the antient Tennant known, but the Lord his Lands dispersed into so many severall Men's Occupations, without Knowledge given thereof, soe that the Setting Booke of Recordes are in Effect made void, by reason that the same Men, whose Names are of Record in the said Bookes, do not occupy the same Lands: It is likewise ordered in the said Court by the said Councell, that no Person or Persons whatsoever within the said lsle shall, after the said Court holden this present Day above specified, give, grant, bargain, sett, sell, or exchange any Part or Parcel of the Farm, Land, Cottages, Intackes, or Milnes to any Person or Persons whatsoever within the said Isle, without the especiall Lycence of the Lord, or his Councell in the said Isle for the Time being, or three of them at the least, whereof the Lieutenant Captaine or his Deputy to be one, and the Receiver and Comptroller to be the other two, the said Lycence to be made by the Clerk of the Rolls, and given under the Hand of the said Councell, or the said three of them above specifyed, upon Pain of Forfeiture to the Use of the Lord, by and of either of the said Parties soe buying, selling, giving, granting, chaping, or exchanging together any of the said Premises, the several Sums of iijl. of good and lawfull Money of England, to be levied, upon their se- [72] veral Goodes and Tenements without Intermission, and the Bargain to be void between the said Parties, notwithstanding the said Forfeiture. In Witness whereof, for better ratifying of the said Orders, we the said Councell present at the said Court have sett our Hands the Day and Year abovesaid.

Examined by JOHN QUAYLE, C.R.

Collected out of the Exchequer Court Book,

ANNO DOMINI 1586.

After my verie hearty Commedations; Where one Edwardson of that Isle hath, as I am informed, found certain Gold hidden, which by the antient Lawes of that my Isle by my Prerogative of Right appertaineth unto me, as within the Compass of a few Yeares hath in Triall upon such a like Accident fallen out; forasmuch as I doubt not but our Care and Circumspection touching such like Causes as these will answer the Trust I repose in you, yet least by any vain Surmise or sinister Suggestion my Inheritance and Prerogative might be in this Case hindered and lightly regarded, I have therefore thought good to require you fectually, and with all careful Dilligence, to observe the Circumstances here anends, and thereupon to relate and at large impart your Proceedings to the 24 Keyes of that my Isle, to whose Judgment, upon their Oathes, my Pleasure is this Matter be referred; and whatsoever they sett down, I am well pleased withall; herein I pray you use such carefull Regard as is expedient; for as my full Meaning is neither to have or demand more than by Law and good Conscience is mine own, soe may I not do myself and mine Heires that Wrong, as lightly and through Negligence to see my Prerogative impaired: And soe do bid you heartily farewell.

Your assured loving Master,

HENRY DERBY

New Parke, my House,

this 28th October, 1585.

To my well-beloved Nephew Richard Sherburne, Esquire, Captain of my Isle of Mann.

To my Receiver, Comptroller, Water Bayliffe, Deemster, and to the rest of my Chief Officers there.

[73] According to the Tenor of which said Letter, we have, the 15th Day of December in the Yeare aforesaid, called together the two Deemsters, viz. John Lucas and Thomas Samsbury, and the xxiiij Keyes, whose Names hereafter follow; and as well have imparted and related unto them the said Letter, as also our Proceedings therein; which said xxiiij Keyes are, viz.

Giles Cross, John Quayle,

Gilbert Caloe, Don. Kermod,

Thomas Cross, Nich. Moore,

John McNele, William Hutchen,

Thomas Woods, Robert Moor,

William Gawne, John Clark,

Patrick Clarke, Ranold Lucas,

Don. Christian, John Stevenson,

William Lucas, John Norris,

William Kissage, Henry Calcotts,

Ewan Christian, John McAloe,

Phill. Moore, William Radcliffe,

By the Advise and Consent of the two Deemsters, as well upon Examination of the said Thomas Edwardson, as also upon good and deliberate Consideration, do say upon their Oathes in these Words: John Lucas and Thomas Samsbury, Deemsters of this Isle, with the Advise and Consent of the xxiiij Keyes for this present Cause assembled, do enact, and give for Law, that any Treasure whatsoever being found and secretly hidden under Ground, either within the House, or without in the Fields, or in the Thatch of the House, or within any covert Place, to the End to defraud the right Heyres, or for any other fraudulent Intent or Purpose, shall be the Lord's as a Prerogative due unto his Lordship by the Lawes of this Isle.

Nevertheless be it provided, that any Man, for the Safeguard of his Goods from the Enemy, or for Fear of any other Mischance, may without Danger of this Law, lay up his Treasure in any such Place, making either his Child, or any other Friend, privy to the same; and that any such Child or Friend may lawfully receive such Treasure soe hidden, and deliver it to the right Owner without any Impeachment to the Lord his Prerogative, provided that the Party thus claiming be able to prove it, by the Deposition of one sufficient witness at the least, though he be Brother, Sister, or other Kinsman or Friend, not de- [74] tected of any notorious Crimes. And whereas Thomas Edwardson hath confessed before Mr. Captaine, and others of my Lord his Councell, that he found the Sum of xxxiiijl. and upwards in the Thatch of the House, and is not able to prove it his proper Goodes by any sufficient Witness according to the Law in this Case provided, we find the said Sum to be the Lord's by his Prerogative. Likewise the two Deemsters and xxiiij Keyes, doe say in Manner and Form following; that is to say,

The two Deemsters, with the Advice and Consent of the xxiiij Keyes here assembled, do enact, and give for Law, That it is not lawfull for any Overseere to sett or sell the Cottage or Farme Ground of any Infant for longer than during the Minority of the said Infant, that is to say, till he be xiiij Years old, except in case of Extremetie, that is, when there is no other Goods left, either to pay Debts, or bring up the said Children, and that all other Friends do refuse to bring up the same Children: In this case we find, it lawfull for the Overseer, to sett or sell at his Pleasure, and not otherwise.

JOHN LUCAS, Deemster, THOMAS SAMSBURY.

Where of antient Time it hath been accustomed that no Person or Persons should frequent or use shooting in a Hand Gunne, at any Manner of Fowle, or hunting or coursing the Hare, within a certain Circuit or Limitt near unto the Castle, that is to say, from the said Castle unto the Burne, called Kentraugh Burne, in the Parish of Kirk Christ Rushen, and following the said Burne up to the Feldike to the Northeastwards unto Kirk Santan Burne, and so along the said Burne unto the Sea Side, and from the Sea Side unto the Castle againe; which said Limitt or Circuitt within the said three several Parishes of Kirk Malew, Kirk Christ, and Kirk Arborey, and so to Kirk Santan Burne as aforesaid, and from thence to the Castle as aforesaid, hath been called, reputed, and taken by the Name of the Lord his Warren, and that as well diverse and sundry Times heretofore by my Lord himself, as by the Councell of this Isle, Order hath been taken, that no Person or Persons should use to shoote in any Hand Gunn at Fowle, or hunt or course the Hare, within the Limit and Compass of Ground meted out as aforesaid, upon sundry Penalties; which Orders have not been observed, partly by reason, of such presumptious People, as nothing regarding [75] laudable Orders set down, will voluntarily break the same, and partly upon too much Clemency and Gentleness, for not putting in Execution the said Orders, and levying strictly the Fines and Penaltyes for such Offenders assessed: It is therefore in this Court, holden at the said Castle, the tenth Day of January Anno Prid, ordered by the full Consent of Richard Sherburne, Esquire, Captain of the said Isle, and the rest of the Lord his Councell, and the two Deemsters, then and there present, that no Person or Persons after the said tenth Day of January, within the said Isle, of what Degree, Estate, or Condition soever he be, (the said Captain and Councell excepted,) shall shoote in Hand Gunn or Fowling Piece, at any Manner of Fowle, or hunt or course the Hare, with any Greyhound, Bitch, Beagle, Curr, or Mungrell, willingly and wittingly, within the said Compass, Limitt, Space, and distance from the said Castle as aforesaid, upon Paine of Forfeiture to the Lord for every Time that he shooteth or hunteth in Forme afforesaid, the Sum of iis. vjd. to be levied to the Lord his Use, upon his Goods, Lands, Tenements, Wages, or Fees, without the espetiall Lycence of the Lord, or without the espetiall Lycence or Appointment of the said Captain or Councell, or one of them, lycencing or appointing any such Person soe shooting or hunting, to shoot or hunt for the Use or Pleasure of them, or any of them, only soe giving Lycence, and not for the Use and Pleasure of the Person soe shooting or hunting: And that likewise, for the better putting in Execution of the said Order, there shall be six honest and substantial Men dwelling in several Platts of the said Circuit, Limitt, and Compass, at the Discretion of the said Captain, chosen, nominated, and sworn at every Court, to come in; and that they jointly or severally, all or every one of them, by himself, shall have lawfull Authority upon their or any of their severall Oathes to present the Offenders herein, whatsoever he or they shall be, without other Exception than is as afforesaid: and that there shall be likewise four honest and substantiall Men Soldiers, who are no ordinary Shooters at Fowle, nor Hunters themselves, by the like Discretion of the Captain, chosen and swore to make Presentment of such of the Soldiers as they shall know to shoote, or any other Person having not Lawful Lycence as afforesaid; and that it shall be lawful for all and every other Person or Persons whatsoever to make true Presentment of the said Offenders, without incurring any Danger, [76] Hurt, or Damage for the same: And if any of the fore-named Persons to be chosen as aforesaid for the presenting of the said Offenders do know any Person or Persons to offend in shooting or hunting contrary to the Contents of the Order aforesaid, and do not make Presentment of the said Offence done by the said Person at the next Court holden after the said Offence committed, and be convicted for the concealing of the said Offence contrary to his Oath and Knowledge therein, by sufficient Testimony, he shall be punished Perjury in such Sort as in Cases of Perjury is provided by the Lawes of this Isle. And this Order to stand till my Lord his further Pleasure be known.

Examined by JOHN QUAYLE, C. R.

At Lathom, the Eighteenth of February, 1593.

A REMEMBRANCE of my Lord's Resolutions touching Causes of the Isle of Man.

First, I think fit to erect again my two Garrisons of the Castles of Rushen and Peele.

Itm. That the setting Corne of the Parish of Kirk Patrick shall be presently brought to the Castle Rushen, and not inned at the Peele, but upon spetiall Necessity.

Itm. That the Custome Turff be allowed according to Law and Custome; that is 52 Turves of one Cubit long, and three Inches square in the middest, and those to be allowed for one able Carr within the Houses of Castle Peele; and after the Houses be sufficiently stored, that the rest might be spared to the Tennants dwelling farthest from the Houses, and then to pay for every Quarter Ground in respect of their said Custom Turves, after a reasonable Rate to be set down by his Lordship's Captain and his Officers.

Itm. If any Person shall pretend Title to any Farme Houses or Ground within the said Isle, and do not exhibit his Bill in Writing for the same before the said Earle his Lieutenant or Captaine, and other principall Officers of the said Isle, whereby it may be entered of Record within the Space of twenty-one Years next after he or his Ancestors have been dispossed thereof, that then he or his Successors claiming after him to be utterly excluded and barred from making any Title thereunto for ever.

[77] Itm. That every Tennant and Farmer not otherwise, able to discharge their Rents within the said Isle to the said Earle, shall upon spetiall Lycence from the Captain, have Liberty to transport Corne and Graine over the Seas, so much as shall yearly amount to the Discharge of their Rents to his Lordship, they paying therefore for Custom of Transportation after the old and accustomed Rate, and no more.

Itm. That upon every Trespass committeed and fineable the Captain and other principal Officers shall, before the cessing of the said Fines, confer with the Deemsters touching every Fine, and afterwards with their Privity proceed to the Assessment of the said Fines.

Itm. Whereas it hath been of antient Time accustomed that viijs. was paid to Parsons of Churches for a Mortuary or or Corspresents if the Defunct's Goods were praised to xxs. which was in respect that then a Cow was praised but to vs. a Mutton Sixpence, and soe ratably all other his Cattle; which Manner of Valuation of late Time hath been more hardly racked, to the Hinderance of discharging the Defunct's Creditors, and their Children's great Impoverishment. For remedy whereof it is ordered, that in rating the said Corspresents, the Defunct's Cattle shall be praised and valued after the said antient Rate as aforesaid, and not above.

Itm. Whereas it hath been accustomed, that the Waterbayliff hath had Custome Boards, Planks, Oares, and other like Custom in Kind, and hath paid a small Rate for the same to his Lordship's Use: Now it is ordered by the said Earle, that the Waterbayliffe shall answer all Customes in Kind as he receiveth them, and not otherwise.

Whereas heretofore it hath been a Law in the said Isle of Mann, that any Wife going from her Husband for any Crime, either Adultry, or for any other Cause, might by Force of the said Law give away the one Halfe of all such Goodes and Chattles as her Husband and she were ceised of to any Person whom pleased herself, which is thought to be against the Lawes of God and good Government of that His Honour's Isle : It is therefore ordered by His Lordship as hereafter followeth, viz. That if any Wife hereafter shall commit Adultry, and be thereof lawfully convicted before the Bishop or his lawfull Deputie, the Captain and the rest of his Lordship's Councell there, shall lose her Benefit of the said Law, and shall have no more of her Husband's [78] Goods than shall be agreed on there b the Bishop or his lawfull Deputie, the Captain and the said rest of his Lordship's Councell there, for her Maintenance, &c.

Whereas heretofore every Quarter of Land hath been accustomed to pay every Yeare a Beefe into the Castle and Peele, which is above six Hundred Beeves a Year: It is my Desire that one Hundred of the poor Sort shall be spared every Year, at the Discretion of my Captaine and the rest of my Chief Officers, and so to pay yearly five Hundred Beeves, if the Country like well of this my Order, or els to pay as they have been accustomed heretofore, and I to be answered whether of these Wayes the Countrey will make Choice of; provided alwayes, that this shall not in Wayes hinder or be Prejudiciall if any Occasion of Warrs, or other Cause, whereby I shall have Occasion to send more Number than my ordinary Garrison for the Defence of the said Island; but that then Provision may be according to antient Lawes of my said Island, to have what is necessary.

The Orders set down by Ferdinando, late Earle of Derby and Lord of this Isle, is confirmed and allowed of by the Councell and 24 Keyes the Day and Year above written.

Castle Rushen, the Tenth Day of October, 1609.

Att an Assembly of the Lieutenant and other the Officers, with the 24 called the Keyes, of the Land, for the consulting and determining of Matters concerning the State of the Land, there was these Statutes ensuing made and enacted.

The Names of the Twenty-four:

First as concerning the Wages General of Servants. It is agreed upon by the Generall Councell of the Land, with the Consent of the said 24, that every Man Servant, being a Plowman, shall have by the Yeare for his Wages xiijs. iiijd. and not above, every Driver xs. and every Horseman viijs. and not above; provided that every of these shall be reputed sufficient by the Deemsters and the Jury for Servants; and although that.a Plowman or Driver be by the said Jury made and allowed for want of better, yet notwithstanding, as before spetified, he must be allowed and held sufficient by the Deemsters; and for every Woman according as she shall be thought to deserve by the Deemster and Jury.

Itm. That every head Taylor working by the Day shall have for his Wages, with Meat and Drink, iiijd. and not above; and every Apprentice Taylor, with Meat and Drink, ijd. and not above; and every Taylor working for Servants shall have with Meat and Drink, ijd. and not above; and his Apprentice jd. and not above; and if any refuse to work after the Rate above spetifyed, or refuse to come, being sent for by the Farmer, (except he be in other Men's Work,) shall, upon Complaint sufficient proved, be put to be a Servant.

Itm. Every Woolen Weaver shall have for every Yard of Woolen Cloth for Blankett sufficiently wrought an Ob.; for every four great Hundred Breadth of Keare, Ob. Qs.; for every Yard of Medlie 1d. Qs., being five Hundred, which is for every great Hundred Qs.Itm. That every Linen Webster shall have for every Yard of Cloath sufficiently wrought according to the old Custome after, as the Yarn shall be in Smallness or Greatness.

Itm. Every Walker or Fuller of Cloath shall have for every Yard of Blanket Cloath sufficiently fulled an Ob. of the great Hundred; for every Yard of Keare Cloath three Farthings; Every Yard of Medlie jd. Ob.; and every Yard of white Cloath jd.

Itm. Every Mazon, Carpenter, Shipwright, Hooper, Slater, Thatcher, thatching after the English Fashion, and [80] Joiner, shall have the Day, with Meat and Drink iiijd, and not above, being sufficient Workmen.

Itm. Every Blacksmith shall have for laying of every Coulter jd. for making of every Coulter iid.; for making of every new Sock ijd.; for making and laying of every Wing an Ob.

If any farmer or other having Occasion to use any of the said Servants or Handicrafts Men shall give any greater Wages than before is mentioned, otherwise than upon the good Desert of his Servant, in Way of Bountie, and not by set Hire or Wages, then every such Person so offending contrary to the true Meaning of this Statute, shall for every Time forfeit soe much to the Lord of the Land as the whole Wages or Day's Work cometh unto.

JOHN IRELAND,

Thomas Samsbury, Deemster, Ewan Christian, and the 24 Keyes Names following.

We also find that by the antient Lawes of this Isle the Viccars General, or Officers of the Spirituall Courts, ought not to intermeddle with any Manner of Debt, or for proving of Wills, longer then for a Twelvemonth and a Day, taking Beginning from the Day of the Death of the Party, and afterwards it is to be heard and tried in the Temporall Court: And further, if any Debt be challenged in the Temporall Court to be due from any dead Person, we find it is not recoverable in Law, unless the same was within the Twelvemonth and the Day claimed for in the Spirituall Court, as may appear by antient Records.

For the Manner of Swearing upon the Graves of the Dead with Compurgators, we hold it not fitting nor Christian-like it should hereafter be any more used; but that such Controversies shall receive Hearing, and be tried according to Forme of Law, by Witness or otherwise, first in the Spirituall Court within the Twelvemonth and a Day, and then in the Temporall Court as aforesaid.

If any Person or Persons shall at the Common Law hereafter be troublesome to the Court, and enter frivilous Actions, and prove no Matter to have just Cause of Complaint, then we hold it requisite that such Person be fined and punished, more or less, at the Discretion of the Court.