[from Mills' Statutes, 1821]

Castletown, the Twelfth of June, 1610.

It is agreed unto by the Lieutenant, Officers, Deemsters, and twenty-four Keyes, that after Midsomer Day next noe Tiwald shall be holden in this Isle upon the Lord's Day, but as oft as the Feast of St. John Baptist shall fall upon the Sabbath, the Tinwald and the Faire then shall be kept upon the Day next following; and in like Manner all other Faires and Markets throughout the Year shall be transferred till Munday as oft as the Fair Dayes fall out upon the Lord's Day, and this to be proclaimed at the next Tynwald.

It is by generall Consent of the Lieutenant, Officers, Deemsters, and twenty-four Keyes of this Isle, enacted for Law, that henceforth the Children of all Ecclesiastical Persons in this Isle begotten in Marriage shall be and continue legittimate and inheritable, to all Intents and Purposes, in such Sort as Children of lay Persons be within the said Isle.

At the Tinwald Court holden the 24th of June, 1610.

It is by generall Consent as aforesaid proclaimed, that as oft as any Man or Woman shall be found drunk hereafter, the Party soe offending, if not of Ability to pay a Fine, shall for the first Time be punished in the Stocks, the second Time to be tyed to the whipping Stocks, and third Time to be whipped therein.

Also, whereas the Forrester of this Isle is by the Lawes to have an Ob. of every Manner of Person or Persons that goeth to the Lord his Forest for Turff and Ling, and to have 1d. Ob. of all that put Swine, Horses, or Cattle to the Forrest; we therefore find it standeth with the Prerogatives of the Lord of this Isle, that any Barron's Tennants whatsoever, having the Liberty of the Forrest as aforesaid, and paying the said Fee to the Forrest, (which we upon our Oathes do find could not be otherwise due to him, but in Right of the Lord,) may have a wast Rent imposed on them lawfully by the Setting Quest.

ORDERS and DUTYS.

That the Soldiers of the Castle Rushen and Peele, within the Isle of Mann were to observe and keep in the Times of the Right Honourable Lords EDWARD and HENRY, late Earles of Derby.

Whereas we were injoined by the Right Worshipful John Ireland, Esquire, Lieutenant and Captain of this Isle, by [82] virtue of our Oathes, to give Notice of our Knowledges of the antient Orders and Dutyes observed by the Soldiers of the Castles of Rushen and Peele in our Times and Memories, and for that Purpose we Twelve, whose Names are subscribed, were chosen, whereof Six be sworn Soldiers at the Castle Rushen, and Six at the Castle Peele: Upon advised Consideration had, we find and know, that all the antient Orders, Customes, and Dutys to be performed in the said Castles, are extant in the Rolls, and enrolled in the books of the Statutes of this Isle, and these which we add hereafter, are and be customarie and usual.

First, At the Entrance and Admittance of any Soldier to either of the said Castles the ordinary Oath was to this Purpose: First, your Allegiance to our Soverign; next, our Faith, Fidelity, and Service to the Right Honourable Earles of Derby and their Heires, our Duties and Obedience to our Lieutenant, our Chief Governor, and our Constable, in all lawful Causes, and noe further.

Itm. It hath been accustomed, and still continued, that every Soldier, at the Sound of the Drumm or ringing of Allarum Bell, (the hearing or knowing of the same,) shall forthwith make his present Appearance in the Gate of either Castle, then and there, to perform what shall be enjoined them by the Lieutenant, or the Constable in his Absence.

Itm. It hath been accustomed that the Night Bell should be runge a little after the Sun-setting, and that by the Porter; and the Constable with his Deputie, with a sufficient Guard, to be in the Castle for the safe Keeping and Defence of the same.

It hath been accustomed and continued, that the Constable or his Deputy should go with the Wardens to the Castle Gates, and there cause the Porter to lock the Gates, and then the Watch to be forthwith sett.

It hath been accustomed that at either Castle there hath been two standing Porters, who have, by course every other Week, held the Staff, and given attendance at the Gates one whole Year, beginning at Michaelmas. The said Porters to be nominated, by the Constable, and allowed by the Lieutennant and Governor: and two standing Watchmen in like manner, for nightly Watching upon the Walls. And every Officer, Soldier, and Servant is to do his petty Watch from May till Michaelmas.

It hath been accustomed that the Castle Gates should not be opened by any Man, after Iocking at night (the [83] Governor only excepted) until the Watchmen ring the Day Bell, which was to be done so soon as the Watchmen could perfectly discover the Land Marks bounded within a Mile and a Half of either Castle. Which being done, the Porter was accustomed to go about the Walls, and look that all things be clear, and forthwith to return to the Constable, or his Deputy, and affirm all things to be as the Watchman had formerly spoken to the Constable, or his Deputy.

It hath been accustomed, that the Soldiers should Ward in the Castle Gates one Day in the Week; and they of the Castle Rushen to lye within the House the Night before their warding Day: and the Soldiers of the Castle Peele to lye in the Night before and the Night after, in respect of the Tide falling out uncertainly, and for more safeguard of the Castle, being nearer our Enemies the Red Shankes.

It hath been accustomed, and still continued, that one of the Wardens of the inner Ward, at Castle Rushen, shall at Night lock the inner Gates, and keep the Keys thereof to himself till Morning, and hath performed all things therein as Constable that Night in that Ward.

It hath been accustomed that the Receiver at either Castle hath, at Michaelmas, made Yearly choice of a Steward, who hath been allowed by the Lieutennaut, or Captain for the Time being.

It hath been accustomed, and still continued, that the Soldiers of either Castle hath wrought the Lord's Hay whensoever they have been thereunto called.

It hath been accustomed that Mr. Gunner of either Castle hath had allowance of an Apprentice; and either himself or his Apprentice hath every Night lyen in the said Castle.

Notwithstanding all these Orders, Uses and Customes here set down, the Lieutenuant Captain, or Chief Governor for the Time, may in his Wisdom, and according to the necessity of the Time, set down Orders and Decrees for both Castles, in all lawful Causes, and repeale the same again; which every inferior Officer and Soldter is to obey, by reason of his Oath.

 

Tho. Norris,

Wm. Bridson,

 

Hen. Carret,

John Crellin,

 

Tho. Whetstones

John Gawn,

 

Tho. Lea,

High Lamb,

[84]

Rich Fisher,

Edw. Lucas,

 

Wm Lassel,

John Colbin.

   

John Ireland, Lieutenant,

   

William Lucas,

At Castle Rushen, the 25th of July 1610.

William Radcliff,

Thos. Samsbury, Deemster,

   

Ewan Christian.

Examined by JOHN QUAYLE, C.R.

At Castletown, Acted the 4th June 1629.

At the Tinwald holden the 24th of June 1629.

As in every well governed Commonwealth, wholesome Statutes, Orders, and Laws answerable to the Times, are usually invented prepared, and enacted, for prevention and avoiding of such present and future annoyances, inconveniences, and losses, as the Magistrates find the Members thereof to be subject unto and to suffer; so the Government of the Inhabitants of this Isle being exemplary of ancient Customes guided and provided for by the like Ordinances; we therefore the Captain, Deemsters, Officers and 24 Keys, having advisedly observed and considered the manifold Misdemeanors and evil Accions committed in these Times by Mallefactors, to the Ruin and Distruction of the Commonwealth, doe for Remedy thereof ordaine, enact, and publish, to be executed for Law henceforth, as followeth:

First, That whensoever any Theef shall be found to steal either Mutton, Sheep, Lamb, Goate, Kidd, Swine, or Pigg, the same shall not be priced by the Jury of Indictment, (as hath been accustomed,) who sometimes valued such stolen Goods under the Worth of vjd. Ob. thereby out of a foolish, petty, and partiall Regard, to extenuate the Rigor of Law in favour of the Malefactors, but that every Sheep, Mutton, or Lamb, of what Age or Worth soever it be, being stollen, hereafter shall be found to be, Fellony in the Offender to Death, ipso facto, upon the Inquisition taken, without valuing or distinguishing the Price.

Also, that the stealing and cutting of Bee-hives in Gardens shall be Fellony in like Manner to Death, without valuing the same.

Also, whereas heretofore such as have stolen Turff, Ling, Gorse, robbed Gardens, clipped other Men's Sheep, stollen Corn and Hay out of Fields and Haggards, stollen Geese, [85] Hens, Ducks, or comitted such like Pillfereys and Fellony, have all of them been connyved at, and slightly let pass: Be it therefore ordained, that all such Manner of Theft, if it Amount to the Value of Sixpence Ob. shall be Fellony to Death in the Offender, and, under the Value to be whipped, or set upon a Wooden Horse ordained for such Offenders at the Discretion of the Captaine: And it is provided least the simple Jurors, who, in such Cases, may be doubted, will not enter into due Consideration of such Fellony, and esteem to their full Worthe: Therefore every Coroner, soe often as Cases for Inquirey of these Fellonys happen to fall out, shall choose and impannell of the most sufficient Men in the Parishes to be the Jurors; and if any refuse or be disobedient, the Coroner forthwith, using no Delays, to present them, that they may be fined, not troubling any of the xxiiij Keyes in these Servises, unless they be spetially commanded thereunto by the Captain.

Also, if any Person shall hereafter cut Trees, Plaints of Trees, or Quicksetts, upon any Man's Tennement or rented Ground, he shall pay xs. Fine, without Mitigacion, to the Lord's Use, being of Abillity, otherwise to be whipped throughout all the Markett Towns of this Isle.

Also, whosoever shall be found or detected to pull Horse Tayles shall be punished upon the Wooden Horse, thereon to continue for the Space of two Hours, and to be whipped naked from the Waist upwards.

Alsoe, that Children entering upon their Goods and Livings at xiiij Yeares of Age shall not be at Liberty to make Saile or dispose of the same, unless they be enforced thereunto through Necessity, (before they attaine to the Age of xxj Yeares,) and that be made known to the Captaine and the rest of the Officers.

Also, that the antient Statute Law for continuing of Coroners in Office more than one Year shall be revived and in Execution, to avoid many Inconveniences and Wronges that otherwise might redounde as well to the Lords as to the Inhabitants of the Isle.

Also, that noe Cotterells nor Artificers shall be lyable to pay any Corbes, but that they shall be all devideable and bequeathable as other Goodes are: And that from Farmers noe Blankett, called the Sunday Blankett, shall be taken for Corbes, neither thall they be payable for the rest of the Corbes, but to their own Children, and to such as by [86] Right the Farme shall descend unto for the Maintenance thereof.

All these confirmed by my Lord Strange, as in the Exchequer Book 1630 appeareth.

Examined by JOHN QUAYLE, C.R.

ORDERS and DIRECTIONS

Given concerning the Isle of Mann, by the Right Honourable JAMES Lord STRANGE, Lord of that Island, the 22nd Day of November, Anno Domini 1636.

Forasmuch as grevious Complaints is made to the Sovereign Liege Lord of this Island by his Honour's poor Tennants, Inhabitants in that Island, that they are greatly oppressed and impoverished by selling away the Corn in Winter to the richest Soart, that ingross and export the same, and make excessive Gaines out of the poor Men's Estates, which Sales in Winter they are so inforced into, not being otherwise able to pay their Michaelmas and Christmas Rents then due to his Lordship: His Honour having taken the same seriously into Consideracion, and commisserating the Estates of his poor Tenants, with Desire to enaable them and their Welfare, is hereby graciously pleased to declare, order, and direct, that such of his poor Tennants in that Island as want Money to pay for their Rents, at Michaelmas and Christmas in any Yeare, shall and may attend his Honour's Officers, viz. the Captain or Deputy, and the Comptroller and Receiver, or any two of them, whereof the Captain or Deputy to be one, and in lieu of their Rents then due, to compound with them to deliver into the Lord's Garrisons in the Island, at or before the first Day of March then next following, such Quantity of Corn and Grain as the said Tennants, severally and respectively, can agree with the said Officers, or any two of them; to the End that at the said first Day then next ensueing, the Captain and Officers of the said Island may consult and consider of the Plenty or Scarcity of Corne; and if it then may be spared, the same may be exported, and the Lord's Rents satisfied, with reasonable Recompence for the Forbearance and Charges; or otherwise, that it may be sold back to the poor Tennants and others that want, at reasonable Rates, without soe great Loss and Oppression to the [87] poore Tennants as is now complained of to befall them, by having engrossed in rich Men's Hands, as of late hath been used, and who had little or no Compassion of their Poverties. This Declaration or Direction to continue only during the Lord's good Pleasure.

Itm. Whereas the Coroner and Moares of the said Island have formerly, by the Lawes and Customes there, accompted yearly before the Comptroller of their Endeavours and Servises done to the Lord, and have at the Debett Day had Recompence allowed them by the Comptroller, according to their Endeavours and Paines taken for the Lord's Service; and whereas now of late, upon Suite made to his Lordship, his Honour was pleased to allow them Stipend certain for two Years last past: Now forasmuch as his Honour, by Experience, and by Advice of his Officers and Councell of that Island, findeth less Service done unto him, and less Care for his Lordship's Profitts, by the said Coroners and Moares taken since their Stipend made certain, his Lordship doth therefore declare, order, and direct, that for the Year next ensuing, and soe henceforth, no stipend certain shall be paid unto them, but that they shall duly Accompt of the Collections and services done for the Lord in their severall Offices as formerly was used, and that they have Recompence and Allowances according to their Endeavours and Services done, as in former Times.

Itm. Whereas the Deemsters of that Island have formerly had, as standing Fees for Execution of their Offices, from the Lord, either of them, the Sum of vijl. xs. yearly, and have also Imunity and Freedom from Payments and Customes for their Lands which they hold in the Island; which Fees and Imunities of Customes were lately, upon Suite made by the said Deemsters, altered and exchanged, and in Liew thereof the Stipend of xiiil. vjs. viijd. a-piece, or thereabouts, allowed by the Lord to his his Deemsters during his Pleasure: Now forasmuch as the Lord, by Advice of his Councell of that Island, findeth this Alteration and Exchange inconvenient, and a Disadvantage to the Lord sometimes, as when the Deemsters hold so little Land as that the gaining of their Customes will not countervaile the increase of their Stipends, and sometimes inconvenient to the Deemsters, when they hold so much Land that the Customes will in Value exceed their Increase of Stipend; and for that also, sometimes the Deemsters take their Increase of Stipend, and yet still hold their Land without [88] paying Customes: Now his Lordship therefore now thinketh good, and soe doth declare, order, and direct, that henceforth the Deemsters have paid them by his Lordship their antient Fee of vijl xs. a-piece yearly, and Imunity of their Lands as formerly hath been used, and that the Increase of Stipend be suspended untill his Honour give further Order to the contrary.

Itm. Whereas by the autient Custome of that Island, the Receiver hath, at the End of every Quarter of the Yeare, made his Accompt before the Captaine and Comptroller of all Moneys received for the Lord's Use, and paid in the Moneys by him received; all which Moneys by him received were put in Safety in a Chest in one of the Lord's Houses, and severall Keyes kept by the Receiver and Officers there; which good Custome hath been of late neglected:

It is now the Lord's Pleasure, and his Lordship doth declare, order, and direct, that the Captaine and Comptroller shall in every Quarter of the Yeare henceforth, call the Receiver to Accompt as in former Times was used; and that the Receiver shall every Quarter, upon reasonable Warning, attend the Officers and make his Accompt, and bring such Moneys of the Lord's as he hath in his Hands, and put the same into a Chest in one of the Lord's Houses, under several Lockes and Keyes, whereof the Receiver to have one, and the other Officers other Keys, as formerly hath been used, upon Paine of the Lord's Displeasure, and the Loss of his or their Places, to such Officer or Receiver as shall neglect his or their Duty, and his Lordship's Direction in this Behalfe.Itm. Whereas, the Lord is informed that the Deemsters of the Island do sometimes give Judgment by Lawes unknown to his Lordship, or any other of his Counsell of that Island, called Brest Lawes: his Honour therefore declareth his Pleasure, and doth order and direct, that the said Deemsters do, upon Notice of this his Honour's Order, sett down in Writing, and certify to his Honour by the next Passage after, what Lawes these Brest Lawes are and of what Use, in what Cases they are requisite, and how far their Power and Execution of them extende; and in particular to certify, whether the same be used in all Cases, that is to say, Criminal for Punishment of Offenders, and Civil for Decission of Rights of Lands and Goodes, or in which of them, in what Cases are any of them; whether by such [89] Lawes finall deffinitive Sentences, Orders or Judgments are given, whereby the Causes are absolutely and finally determined, or but interlocutorie Orders before the final Decree or Judgment; whether Judgments or Orders made by such Lawes be subject to any Appeale or higher Judgment, or do extend to Matters of any Value whatsoever, or be restrained to some certain Values; whether the same are to be pronounced in open Court, or may be done privately out of any Court or Session; and whether by the Opinion of one Deemster alone, or with what Assistance; what Entree or Remembrances is made of such Orders or Judgment, and how it may appeare that the same is not repugnant to the known Lawes and Customes of the Island, or one Brest Law contrary to another; and how the People may take notice thereof, to frame their Accompts and Contracts accordingly.

Item, Forasmuch as the Lord conceived that all the Mulcture, Toll and Soken of all Corn and Graine ground within the Island, belongeth to his Lordship, for grinding of which his Lordship and his Ancestors have had ancient Milns in that Island; and is now informed, that many of his Honours ancient Milns are in ruin, and go to decay, by negligence of his Tennants, and that new Milns are lately built by Tennants, upon their Coppyhold, or Customary Lands there, for which they pay no Fines, and but little or no increase of Rent to the Lord. His Lordship's pleasure therefore is, and his Honour doth order, and direct, that the Captaine, or his Deputy, and others his Lordship's Officers of his Counsell, in that Island, and his Lordship's Attorney-General, or some three of them, whereof the Captaine, or his Deputy, to be one, to inquire, by Inquisition upon Oath, View, Survey, Perambulation, and by all other good ways and means, as to them shall seem fit, according to the Laws and Customes of the Island, what ancient Miln's of the Lord's have, in time of memory, been decayed and let down; and also what new Milns have, within the like time of memory, been erected upon any Copyhold, Customary or Waste Land, for which the Lord hath not had any Fine, or valuable increase of Rent; and in case any increase of Rent be, what it is, and how long since, and by whom it was assessed and increased, and what Mulcture, Toll, or Soken is drawn from the Lord by those late erected Milns, which yield little or no profitt to the Lords; and that they certify his Honour the Particulars, [90] and their proceedings therein, with what convenient Speed they can, to the End that Order may be given for re-edifying of the Lord's Milns, and demolishing of the said late erected Milns; and thereby his Lordship's Prerogrative and his Profitt of Mulcture and Toll may be preserved.

Itm. Forasmuch as the Execution of Justice, and Punishment of Offenders have of late been much delayed by unnecessary Appeals from the Ecclesiastical Courts in that Island, sometimes to the Lord of the Island, and sometimes to the Lieutenant or Captaine of the Island, or his Deputie, and to the Temporall Judges and 24 Keys; for Reformation of which Delays hereafter, and for Quietness and avoiding of Differences between the Ecelesiasticall and Temporall Courts within that Island, the Lord is honourably pleased, and so doth declare, direct and appoint, that noe Appeale shall hereafter be made from the Ecclesiasticall Courts to the Lieutenant, or to the Captain or his Deputy, or to the Judges or 24 Keys, or any of them, for any Cause depending or determined in the Ecclesiastical Courts, which do meerly concern Government of the Church, Excommunications, Suspensions, Incests, Adultry, Fornication, Prophainacion of God's Name, Prophainacion of the Sabbath, Cursing, Probatt of Wills and Testaments, granting of Administration, granting Tuition of Infants Goodes, or merely substracting of Tythes, or for, or concerning the Defamations determinable or punishable by the Ecclesiasticall Lawes: Let these Proceedings be no Ways prejudiciall to the Privilidges formerly enjoyed by the Soldiers there under the Captaine in Garrison. These directions to endure until his Lordship hath further considered of the Consequence of this Business, and do give further Orders therein.

And his Lordship's further Pleasure is, and so doth order and direct, that all the before mentioned Orders and Directions shall forthwith, upon Receipt of them, be enrolled and entered in the Records of that Island where the Lord's Orders are and have been usually recorded; and that the same may be duly kept and observed by all Persons whom they may concerne, upon Paine of his Lordship's Displeasure, and such further Penaltys and Punishments as are due to Contemners of his Honour's Commands there, any former Orders or Directions to the contrary notwithstanding.

Item. His Lordship doth direct, that the Captaine, Deemsters, and other Officers that have Custody of the Records [91] of that Island, shall forthwith, in short time, send over to his Lordship Copies of all the Lawes, Orders, and Ordinances, made for the good Government of the Island and the Inhabitants thereof since the Decease of Ferdinando, late Earl of Derby and Lord of that Island.

In Testimony whereof the Lord hath subscribed this with his Hand, and affixed his Seale the Day and Yeare first above written,

JAMES STRANGE.

Examined by JOHN QUAYLE, C.R.

At a Court of Tynwald,

Holden in the Isle of Mann, the 24th Day of June, in the Yeare of our LORD GOD 1637, it was Enacted, Established, and Confirmed, by the Sovereign Liege Lord of the Island, JAMES, Lord STRANGE, and by the Barrons, 24 Keyes, Commons, and Inhabitants of the said Island assembled at this Court, as followeth: viz.

Imprimis, Forasmuch as great Complaints are made to the Lord by the Commons and poor Sort of Inhabitants of the Island, that they are much impoverished by Engrossers, Forestallers, and Regrators; be it enacted, established and confirmed by Authority of this Court, that noe Person or Persons within the said Island shall by himself, or by his Servants or Agents, by way of Engrossing, Forestalling, or Regrating, buy any Corne or Graine, or other Merchandize or Provision, to sell the same againe, upon Paine to forfeit the Goodes soe bought, or the Value thereof, to the Lord of the Island.

*And be it further Enacted, Established, and Confirmed, by the like Authority, that all such Person or Persons, inhabiting in the said Island as shall have Corne, Graine, or other Victuals, or Merchandize, to sell, shall bring the same to some Markett Town, to be sold in open Market, upon Paine of *

And if any Person or Persons, by themselves, or by their Servants or Agents, engross and buy out of Markett in private Houses or Places, any Corne, Graine, Cattle Provision, or other Goods, and sell the same againe, or export [92] any Corne or Graine, or other Merchandize or Provision, out of the Island, without Consent and Lycence of the Lord or of his Lieutennant or his Deputie for the Time, he or they to forfeit the Goods or Cattle soe engrossed or exported or the Value thereof, to the Lord of the Island, any Law, Custome, or Ordinance heretofore had, made, or used, or other Matter or Thing, whatsoever, to the contrary in anywise notwithstanding. And to the Intent that it may be known what is a Forestaller, Regrator, and Ingrosser, be it hereby declared and published, That whatsoever Person or Persons shall buy, or cause to be bought any Merchandize, Victuall, or other Things coming by Land or Water towards any Faire or Markett, to be sold in the same; or coming towards any Town, Village, Port, Haven, Creeke, or Roade of the said Island, from any Part beyond the Sea, to be sold, or make any Bargaine, Contract, or Promise, for the having or buying of the same, or any Part thereof soe coming as aforesaid, before the same Merchandize, Victuall, or other Thing, shall be in the Markett, Faire, Town, Village, Port, Haven, Creeke, or Roade, ready to be sold, or shall make any Motion by Word, Letter, Message, or otherwise, to any Person or Persons for the inhanceing of the Price of deere Selling of any of the Things abovementioned, or else diswade, move, or stir any Person coming to the Markett or Fair, to forbear to bring any of the Things abovementioned to any Fair or Markett, Town, Port, Haven, or Creek, to be sold as aforesaid shall be adjudged a Forestaller.Whatsoever Person or Persons shall by any Means regate, obtaine, or get into his or their Hands or Possession, in any Fair or Markett, any Corne, * Wine, Fish, Butter, Cheese, Candles, Tallow, Sheep, Lambs, Calves, Swine, Pigs, Geese, Capons, Hens, Chickens, Pidgeons, Conneys, or other dead Victuall whatsoever, that shall be brought to any Faire or Markett within the said Isle to be sold, and do sell the same againe in any Faire or Markett, holden or kept in the same Place, or in any other Fair or Markett within four Miles thereof, shall be accompted, reputed, and taken for a Regrator or Regrators.

Whatsoever Person or Persons that shall ingross or get [93] into his or their Hands by Buying, Contract, or Promise taken, (other than by Demise, Grant, or Lease of Land, or Tith,) any Corne growing in the Fields, or any other Corne or Graine, Butter, Cheese, Fish, or other dead Victuall whatsoever within the said Island, to the Intent to sell the same againe, shall be reputed and taken an unlawful Ingrosser or Ingrossers.

Itm. That all Weights and Measures, which are kept in the said Island to buy or sell by, shall all be brought to the Comptroller for the Lord there, and made to aggree with the Assize of the Lord's Weights and Measures, and then sealed by the said Comptroller or his Deputy, and to pay for the Tryall and Sealing of every Weight and Measuire to the said Comptroller or his Deputy, the Fee of jd. only; and if any Person or Persons have or use in his House, or elsewhere, after the Feast of All Saints next, any Weight or Measure to buy or sell by the same, and the same being not sealed and allowed as aforesaid, shall forfeit to the Lord lxs.

Itm. Forasmuch as it is the Complaint of the Commons and poor Sort of Inhabitants, that they are much impoverished by having Corne and Graine, Cattle, and other Provisions, exported out of the Island, without Consideration what may be necessary to be reserved for the Sustentacion of the Inhabitants of that Island, be it enacted, That no Person or Persons shall, after this present Day of June, export or load into any Boate, Barque, or other Vessell, any Corne or Graine, or any Cattle, or other Goods or Merchandize, to be exported out of the said Island, unless such Person or Persons do first obtaine Lycence under the Hand of the Lord, or his Lieutenant or Captaine of the said Isle, or his Deputy, soe to do, upon Pain to forfeit the Goods, soe loaden to the Lord, and upon Pain to forfeit to the Lord the Value of such Goods as shall be conveyed and exported away without Lycence as afforesaid.

Itm. It is enacted by Authority as afforesaid, that no Person or Persons shall from henceforth sell any Wine, Ale, or Beere in that Island, but such a competent Number as shall be appointed and thought fitt by the Lord, and in his Absence by the Captain or and by the Comptroller, Deemsters, and Waterbayliffe, or by some three of them, whereof the Captain or Deputy to be one; and that none so appointed or thought fitt shall sell any Wine, Beere, or Ale, except he or they first obtaine a Lycence [94] soe to doe, under the Hand of the Captaine or his Deputy for the Time being; and that every Person soe appointed shall, before he obtaine such Lycence, enter into Recognizance with a sufficient Surety to the Lord's Use in the Sum of lxs. with Condition to observe good Orders in his House, and to keep the Assize respective to the Prices of Corne; which Orders and Assize is to be agreed upon and set downe by the Captaine or his Deputy, Comptroller, Receiver, Waterbayliffe, and Attorney, or any three of them, whereof the Captaine or his Deputy to be one. No Lycence to be made to continue in force above one Yeare; and noe Fee to be taken for any Lycence above the Sum of iiijd; and for the Recognizance only a Fee of ijd.

And for the quieting of Men's Estates and avoiding of Suits, be it enacted, That all Accions, or Plaints in Nature of Accions, Suites, Questions, Rights, Titles, Claimes, and Demands, at any Time hereafter to be sued and brought of or for any Lands, Tenements, Farmes, or Heredittaments, whereunto any Person or Persons now hath any Titles, or cause to have or pursue any such Accions, Suites, Questions, Rights, Titles, Claimes, and Demands, shall be sued and taken within five Yeares next after the making of this Law; and that after the said five Yeares are expired noe such Person and Persons, or any of their Heirs, shall have, question, or mantaine any such Plaint, Suite, Right, Title, Claim, or Demand, of or for any of the said Lands, Farmes, Tenements and Heredittaments, in anywise; and that all Plaints, Suites, Questions, Rights, Titles, Claimes, and Demands, of or for any Farmes, Lands, Tenements, and Heredittaments whatsoever, at any Time hereafter to be sued or brought by Occasion or Means of any Title or Cause hereafter happening, shall be sued and taken within tenn Yeares next after the Title and Cause of Claime, Accion, or Plaint in Nature of Accion, and Demand first happening, descended, comen or fallen, and at noe Time after the tenn Yeares; and that noe Person or Persons that now hath any Right or Title of Entry into any Lands, Farrnes, Tenements, or Heredittaments, now detained or held from him or them, shall thereunto enter, but within five Yeares next after the making of this Law, or within tenn Yeares next after any other Title of Entry accrewed; and that noe Person or Persons shall not att any Time hereafter make any Entry into any Farme, Land, Tenements, and Heredittaments, but within tenn Yeares next [95] after his or their Title, which shall hereafter first descend or accrew to the same; and in Default thereof, such Persons soe not entering, and their Heires, shall utterly be excluded and disabled from such Entry afterward to be made, any former Law or Custome to the contrary notwithstanding: Provided nevertheless, that if any Person or Persons that is or shall be entitled such Suites, Plaints, Rights, Claimes, and Demands, and that hath or shall have such Right or Title of Entry, be or shall be at the Time of the said Right or Title first descending, accrewed, comen, or fallen within the Age of xxj Yeares, Feme Covert, Non compos Mentis, imprisoned, or beyond the Seas, that then such Person, or Persons, his or their Heyre or Heyres, shall and may be, notwithstanding the tenn Yeares be expired, bring his Plaint, make his Title, sue his Right and Demand, and make his Entry, as he might have done before Law; so as such Person or Persons, or his or their Heyre or Heyres, shall within five Yeares next after his or their full Age, Discoverture, coming of sound Mind, Inlargement out of Prison, or coming in this Island, take Benefit of and sue and pursue the same, and at no Time after the five Years.

And be it further declared and established, That all Acctions or Plaints in Nature of Accions of Trespass, Quare clu. Freggitt; all Accions of Trespass, or Plaints in Nature of Accions of Trespass, Detineo sur Trover et Replevin, for taking away of Goods and Chattels; all Accions, or Plaints in Nature of Accions of Accompts, and upon the Case, other than such Accompts as concerneth the Trade of Merchandize between Merchant and Merchant, their Factors or Servants, all Accions, or Plaints in Nature of Accions of Debt, grounded upon any Lending or Contract without Specialty, or Debts or Arrearages of Rents; all Accions or Plaints of Assaults, Menaces, Battery, Wounding or Imprisonment, or any of them, which shall be sued or brought any Time after the making of this Law, shall be commenced and sued within the Time and Limitation herein and hereafter expressed; that is to say, the said Accions, or Plaints in Nature of Accions of the Case, (other than for Slander,) for Accompt, for the Trespass Debt, Detineo et Replevin, for Goods and Chattels, and of Trespass Quar. clu. fregitt, within two Years next after the making of this Law, or within three Yeares next after the making of this Law, or within three Yeares next after the Cause of such Accion or Plainte or Suite, [96] and not after; and the said Accions or Plaints of Trespass, of Assault, Batterie, Wounding, Imprisonment, Accion of the Case, for Words, or any of them, within one Yeare after the making of this Law, or within two Yeares next after such Cause of such Accions, or Plaints in Nature of any the Accions above mentioned, and not after.

* And nevertheless be it hereby declared and established, That if any of the said Accions, Plaints or Suites, Judgment be given for the Plaintiff, and the same be reversed by Error or Verdict, passe for the Plaintiffe, and upon Matter alledged in Arreast of Judgment, the Judgment be given against the Plaintiff, that he take nothing for his Plaint, Suite, or Bill; or if or for any Defect whatsoever the Plaintiff take no Benefit of his Suite soe pursued and brought as aforesaid, that in all such Cases the Party Plaintiff, his Heyres, Executors, or Administrators, as the Case shall require, may commence a new Plaint, or Accon or Suite, from Time to Time within one Year next after such Judgment, or such Judgment given against the Plaintiff, or other Defect as aforesaid: Provided nevertheless, and be it further declared and established, That if any such Person or Persons that is or shall be entitled to any such Plaint or Accon of Trespass, Detineo sur Trover, Replevin, Accompts, Debts, Trespass, or Assaults, of Menace, Batterie, Wounding or Imprisonment, or Plaint or Accon of the Cause for Words, be, or shall be, at the Time of any such Cause of Plaint or Accon, given or accrewed, fallen or comen, within the Age of twenty one Yeares, Feme Covert, Non compos mentis, Imprisonment, or beyond the Seas, that then such Person or Persons shall, be at Liberty to bring the same Plaints or Accons, soe as they take the same within such Times as are before limited, after their coming to or being of full Age, Discovert, or sound Memorie, at large, and returned from the Seas, as other Persons having no such Impediments should have done.

These are proposed by the Lord of the Island, and commended to the Barrons, Officers, and Inhabitants there, as Laws and Ordinances convenient to be enacted and [97] agreed on, at the Tynwald Court holden, for the Weale Public and good Government of that Island. As witness his Hand subscribed and his Seale put on the Labell which affixeth these nine Sheets of Paper together: The Blanks to be Supplied at the Discretion of a Tinwald Court,

JAMES STRANGE.

All and every the Lawes and Ordinances comprised in these nine Sheets of Paper, as they were commended unto us by the Right Honourable our good Lord and Master, the Lord Strange; so we whose Names are subscribed, have concluded and agreed, and hereby do conclude and agree to the same, as wholsome Lawes and Ordinances for the Weal Publick of this Island. And hereupon the same are Enacted, Established, and Confirmed, by this Court of Tinwald, Modo et Forma, as they are laid down. The Blanks are supplied and filled up with the Hand-writing of the now Comptroller, by Consent of the Court, and the Clauses * under-drawn, in the first, third, eighth, and ninth Pages, are excepted, and under Reformation of our said Noble Lord, his further Order and Declaration, demurred upon, and that for the Reasons in the Margins of the said Pages expressed. These Lawes and Ordinances were also publicly proclaimed in Audience of all the Commons, assembled at the Tinwald Hill, to the End that every one shall take Knowledge thereof.

   

Cha. Gerard,

   

Rich. Sodor and Man,

 

The Officers Sprituall,

Edw. Christian,

   

John Sharples

 

Nich. Thompson,

Ewan Christian,

 

Hugh Cannell,

Rob. Quayle,

   

Rob. Callcot.

The Names of the Twenty-four Keys of this Island:

 

John Curghey,

Robt. Lucas,

 

Hen. Callcott,

Robt. Clark,

 

John Stanley,

Wm. Craine,

 

Tho. Crellin,

Robt. Quayle,

 

David Christian,

Wm. Tyldesley,

 

John Garrett,

John Moore,

[98]

s

Tho. Banks,

Sill. Taubman,

 

Wm. Standish,

Sill. Radcliffe,

 

Phill. Moore,

Tho. Huddlestone,

 

Robt. Christian,

John Craine,

 

John Cannell,

Wm. Stevenson,

 

Wm. Kissage,

Tho. Qualtrough.

I have perused these Acts beforementioned, and do give my Consent unto the same; and am well pleased the same shall be enrolled amongst the Lawes of the Island, to be observed and kept as wholesome Lawes for that Island; and I do require Performance thereof; provided always that the said Lawes, nor any of them, nor any Thing therein contained, be not any Wayes prejudiciall to my Title, Right, Claime, or Demand to any Lands, Tenement, or Heredittaments, Customes, Privilidges, or Immunities, in the said Island. Given at Lathom, under my Hand, this, 16th Day of January Anno Domini 1637.

JAMES STRANGE.

 


 

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