[from Mills' Statutes, 1821]

Statute Booke, Fo. 167.

An Act that none shall take above six Pounds for the Loan of an Hundred Pounds for a Year

Forasmuch as Interest of Money in Loan, being at so high a Rate at ten Pounds for an Hundred Pounds for a Year, doth not only make Men unable to pay their Debts, and continue the Use of Merchandize and Trade, but their Debts daily increasing are inforced to sell their Leases, Farmes, and Stocks, at low Rates, to the great Hurt and Prejudice of this Isle; be it therefore enacted by the Right Honourable Lord of this Isle, the Governor, Officers, Deemsters, and twenty-four Keyes, That no Person or Persons from and after the 24th Day of August next ensuing the Date hereof, upon any Contract after the said 24th Day of August, or indirectly for Loan of Money, Wares, Merchandizes, or other Comodities, or for any corrupt Loan, Exchange, Bargaine, Mortgage, or any other deceiptfull Way or Meads, or other doings whatsoever above the Value of six Pounds, for the Forbearance of a Hundred Pounds for a Year; and so after that Rate for a greater or lesser Sum, or for a longer or shorter Time: And that all Bonds, Contracts, or Assurances whatsoever, made after the Time afforesaid, for Payment of any Principal or Money to be lent, or covenanted to be performed upon or for any Usuary, whereupon or whereby there shall be reserved or taken above the Rate of six Pounds in the Hundred as afforesaid, shall be utterly void: And be it further enacted by the Authority afforesaid. That if any Person or Persons whatsoever shall do any Act or Acts, Thing or Things, contrary to the Meaning of this Statute, shall forfeit and loose for every such Offence to the Lord of this Isle, and his Heires, the treble Value of the Moneys, Wares, Merchandizes, or other Things so lent, bargained, sold, or exchanged.

[148]

An Act that Cotlers and Intackholders shall not keep any more Cattle, Horses, Sheep, &c. than what they have sufficient Grass and Winter Provision for.

Whereas it is observed, that there are a certain Sort of People, as Cotlers, Intackholders, and Cottageholders, and such like, as well in the Markett Towns as in several other Places of this Isle, that, out of covetous and unconscionable Desire to prejudice their Neighbours, and to procure to themselves an unjust and unlawful Livelyhood, do keep more Cattle, Horses, Sheep, and other Goods, than they have Grass for in the Summer, or other Provision in the Winter Season, whereby they do not only become Trespassers on the Farmers in the Summer, but also betake themselves to dishonest and unlawful Courses, by purloyning of Hay and other Fodder for their said Goods in the Winter Season; for Prevention of which Abuses for the future, it is therefore enacted by the Right Honourable Lord of this Isle, the Governor, Officers, Deemsters, and twenty-four Keyes, That no Cotler, Intackholder, or Cottageholder, or any other, either in the Markett Towns, or any other Place of the Isle, shall hereafter presume to keep any more Goods, viz. Horses, Cows, Oxen, Sheep or any other such Cattle, than what they have sufficient Pasturage for in the Summer Season, and a Sufficiency of Hay or other Fodder in the Winter Season, so as that they may not be troublesome or offensive to their Neighbours by trespassing or purloynings as afforesaid: And to the End that this Law may be the better observed, be it further enacted by the Authority aforesaid, That the severall Coroners of the respective Sheadings of this Isle do impannel and swear four honest and judicious Men (three of them at least to be Farmers) in every Parish upon the 25th Day of March in every Year, to be a standing Jury, to enquire and make Inspection into what Provision of Grass or Fodder the said Cottlers, Cottageholders, Intackholders, or such like Persons, do make for their said Horses, Cows, Sheep, or other such Cattle, as well in the Summer as in the Winter Season, and to make true Report thereof in Writing under their hands to the Governor and Officers at the first Courts that are holden after the 25th Day of March and the 29th September in every Year, or at any other Court or Courts when they are required to do the same, that so the Court may judge whether such Cottlers, Cottageholders, Intackholders, [149] or such like Persons as aforesaid, have made sufficient Provision for the said Horses, Cattle, Sheep, and such like Goods in the Summer as well as in the Winter Season; and if the Court do find (upon the Report of the said four Men as afforesaid) any Cottlers, Cottageholders, Intackholders, or the like, that hath or doth keep any more Horses, Cows, Sheep, &c. than what he hath made sufficient Provision for as aforesaid, Order is to be granted out from the said Court, directed to the Coroner of the Sheading where such Cotlers, Cottageholders, or Intackholders do live and reside, to make saile of such Horses, Cows, Sheep, &c. as are not provided for as aforesaid, according to the Price current or Market Rates at that Time, and to deliver the Price to the Owner of the said Goodes, rebating and allowing out of every Beast so sold xijd. pr Pound to the Coroner for his Paines and Trouble therein; and if the said Standing Jury be found to be any way remiss or partiall in their Duty and Proceeding herein, upon Complaint and Proofe thereof made at any Court they are to be fined and punished at the Discretion of the Governor and the rest of the Officers.

An Act for proportioning of Rents on bought Lands and Mortgages.

Whereas it hath been observed that severall Tennants within this Isle do frequently sell and mortgage some Parts and Parcells of their Lands and Tennements, and do sett out but a small Part of the reserved Rent due to the Right Honourable Lord of this Isle along with the same, and keep a greater Part thereof upon themselves, which in Process of Time draws them into Poverty, and forceth them or their Heires being overburthened with Rent) to sell of or mortgage that Part of their Lands and Tennements which remains in their Hands in Parts or Piecemeils, by which means good Estates have been embezzled, and his Honour's Rents and Services not so duly and intirely paid as formerly, or as it ought to be; be it therefore enacted by the Right Honourable Lord of this Isle, the Governor, Officers, Deemsters, and 24 Keyes, That no Person or Persons whatsoever for the future shall either sell or mortgage any Part or Parcell of his Lands or Tenements, but shall also sett out a proportionable Part of the reserved Rent along with the same, at the Sight or Estimation of the Setting Quest of the Parish where such Lands and Tenements are situate or do [150] lye, and that to be done and certifyed under the Hands of the Setting Quest upon Oath before the Sayle or Mortgage made of such Lands and Tenements be allowed of and confirmed by the Court; and such Purchaser or Mortgagee is to pay the said Proportion of Rent so set upon him as aforesaid, unto the Moar of the Parish (in presence of the Chief Tennant) yearly when the same is due and demanded: And if any Person or Persons whatsoever shall presume hereafter to make Sayle or Mortgage of any part of his Estate contrary to this, Act, he or they so offending are to be fined and at the Discretion of the Governor at every Sheading Court as oft as any such happens, and the said Sayle or Mortgage to be void in Law to all Intents and Purposes whatsoever.

An Act for establishing of Wages to Artificers, Tradesmen, and other Workmen and Labourers.

Also it is enacted by the Right Honourable Lord of this Isle, the Governor, Officers, Deemsters, and twenty-four Keyes, That every Head Taylor working by the Day shall have for his Wages, with Meat and Drink, fourpence, and every Apprentice Taylor twopence (with Meat and Drink); and every Taylor working for Servants shall have, with Meat and Drink by the Day, twopence, and his Apprentice a penny, and not above.

Also, every Woolen Weaver shall have, for every Yard of Woollen Cloath for Blanketts sufficiently wrought an Half-penny, for every four Great Hundred Breadth of Kear or Russett an Halfpenny Farthing, for every Yard of Medley or mixed Cloth, being five Hundred jd. Qs. that is for every Great Hundred a Farthing.

Also, that every Linnen Webster shall for every Yard of Linnen Cloath sufficiently wrought have according to the old Custome, viz. for every Great Hundred ijd. and so proportionable a Farthing for every Great Hundred according to the fineness or courseness of the Yarn.

Also, every Walker or Fuller of Cloath shall have for every Yard of Blankett Cloth sufficiently fulled an Halfpenny of the Great Hundred, for every Yard of Kear or Russet Cloth sufficiently wrought an Halfpenny Farthing, for every Yard of Medley or mixt Cloath a Penny Halfpenny, and for every Yard of white Cloath a Penny.

Also, every Mason, Carpenter, Shipwright, Hooper, [151] Slater, Thatcher thatching after the English Manner, Joiner, and all other Tradesmen and Handycraftmen, shall have by the Day, with Meat and Drink, Fourpence; and without Meat and Drink, Eightpence, and not above; always provided they be sufficient Workmen and Masters of their Trade.

Also, every Mower doing his Work sufficiently (and two to an Acre, or one to a Daymoth) shall receive for his Day's Work, with sufficient Meat and Drink, Fourpence, and without Meat and Drink Twelvepence, and no more; and that to be in the Farmer's Choice which to give.

Also, every Blacksmith to have for laying of every Coulter a Penny, for making of every new Coulter Twopence, for making of every new such Twopence, and for making and laying of every Wing an Halfpenny.

Also, that all common Labourers, as Gardeners, Hedgers, Reapers of Corn, Haymakers, and such like, shall have with Meat and Drink, ijd. pr Day, and without Meat and Drink Fourpence pr Day, and not above.

And it is further enacted by the Authority aforesaid, That all and ever the foresaid Tradesmen or Handycraftmen and Labourers, labouring by the Day as befforesaid, shall from the xxvth Day of March, commonly called Lady Day, in Lent, till the 29th Day of September in every Year, come to their Work by six of the Clock in the Morning, and not give over or leave off their Work till six of the Clock in the Afternoon; and from the 29th Day of September till the 25th Day of March that they begin their Work at Sunrise, and not give over till Sunsett, except it be Taylors and Shoemakers, who do work with Meat and Drink by the Day as aforesaid, that they be obliged to work till Eight of the Clock in the Afternoon both Summer and Winter; and if any of the said Tradesmen, Handycraftmen, or Labourers do refuse to work for the Rates and Wages above specifyed, and sett down, or do deny to come to work when they are sent for by the Farmers, or any other that have Occasion to use them, (except they be employed in another Man's Work,) and Complaint and due Proof thereof be made to the Governor or the Deemsters, or any of them, such Tradesmen or Labourers are thereupon to be immediately comitted into Prison where they are to continue under close Confinement till they give in Bonds to yield due Obedience to this Act, and to be further fined and punished at the Governors and Officers discretion: [152] And if any Farmer, or any other, having occasion to use the said Tradesman or Labourers shall give any greater Wages than is above sett down, every such Person or Persons so offending contrary to the true Intent and Meaning of this Act shall forfeit for every Time so much to the Lord of this Isle as the whole Wages or Dayes Work cometh to; provided nevertheless, that for the Encouragement of such Artificers, Handycraftmen, or Labourers, as do come over here out of England, Ireland, and other Places from beyon Seas to reside and work in this Isle, shall notwithstanding this Act, have and receive for their Work and Wages by the Day, so much as the Governor and the Lord's Councell shall think fitt to sett down and allow.

An Act for making and repairing of Fences.

Whereas there have been severall good Laws and Statutes heretofore made (as well for the Encouragement of good Husbandry in this Isle, as also for the Preservation of good Neighbourhood betwixt Tennant and Tennant) that every Person should fence and inclose his Lands as well in the Winter as in the Summer Season; and by that Means that every Man might reap the Benefitt and Advantage of his own Estate; and for that it is observed, that the said Laws and Statutes are not so duly kept and put in due Execution as the ought to be; and that one chief Reason thereof is, because there are some bad and ill disposed Persons who will not join with their Neighbours in making up and repairing their Part or Proportion of their Fences according as they are obliged by Law to do, but will rather suffer their Fences to lye open, whereby they may become Trespassers on their Neighbours Lands with their Cattle, Horses, Sheep, &c. and so not only impoverish their said Neighbour, but hinder him from fencing and improveing his Lands according to the Intent of the said Statutes: For Remedy whereof for the future, be it enacted by the Right Honourable the Lord of this Isle, the Governor, Officers, Deemsters, and twenty-four Keyes, That if any Person or Persons whatsoever shall for the future inclose or fence any Part or Parcel of his Lands, and be willing to make such Fences thereupon as the Law requires, and that any of his Neighbours, whose Lands and Tenements do abutt and adjoin unto him, and are by Law obliged to make up the said Fences with him, do refuse to join therein, That such [153] Person or Persons is to obtain a Token from the Governor or Deemsters to require his or their said Neighbour or Neighbours to join with him in making up or repairing the said Fences according to the Height and Breadth hereafter set down within such a convenient Time as the Governor or Deemsters shall appoint; and in case his said Neighbour or Neighbours do neglect or faile to do the same within such limitted Time as shall be set down by the Governor or Deemsters as aforesaid, that then, and in Default thereof, such Person or Persons is to employ Labourers to make up his said Neighbour's Part or Proportion of the said Fence, and to keep a just Account of the Cost and Charges thereof, and make Oath of the Truth of the said Account (if Occasion require) before the Governor or Deemsters, and thereupon Execution is to be immediately granted him by the Governor or Deemsters for levying the said Charges, by taking the Pawn of the said Neighbour or Neighbours, and selling the same forthwith to satisfy the Charges aforesaid without any further Suit; and if he or they do refuse to deliver a Pawne, he or they are to be committed by a Soldier according to the ordinary Course of Law.

And whereas formerly it was ordered, That all Fences were to be only five Foot high, it is now upon further consideration hereby enacted by the Authority aforesaid, That all Fences for the future shall be made five Foot and a Half High, with a Trench at the Bottome of one Foot and a Half deep, and three Foot broad; or els a Fence of six Foot high in the Perpendicular where a Trench cannot be made; and that all Trenches (in such Parts of the Island where they are used instead of a Fence) are for the future to be six Foot broad in the Top, and three Foot deep, any former Law or Statute made to the contrary notwithstanding.

Be it enacted as it is desired, DERBY.

INSULA MONAE

An Act against Non-Residence

Whereas it is observed, that severall great Inconveniencies have attended this Isle by reason of the Bishop, Archdeacon, Clergy, Temporall Officers, Soldiers, and others, often withdrawing themselves from their respective Dutys within the same; for Prevention whereof for the future, be it enacted by the Governor, Officers, Deemsters, and 24 Keyes afforesaid, That every Bishop, Archdeacon, Parson, Viccar, Curate, or others, who now hold and enjoy the Bishoprick, Archdeaconry, or any Parsonage, Vicarage, Curacy, or such like Ecclesiasticall Promotion within this Isle, to the Value of tenn Pounds pr Ann. or upwards; as also every Temporall Officer, Soldier or other Person or Persons having and enjoying any Office, Place, or other Imployment from and under the Right Honourable Lord of this Isle, to the Value of three Pounds pr Ann. or upwards, shall, from and after the first Day of May next ensuing the Date hereof, inhabit and personally reside within this Isle in and upon their respective Livings, Promotions, Benefices, Offices, Places, or other Imployments, and if they or any of them shall at any Time after the said 1st Day of May be non-resident, or not inhabit within this Isle, in and upon their said respective Livings, Promotions, Benefices, Offices, Places, or other Imployments, but shall be found wilfully to absent him or themselves from [155] his or their Dutys in the same (Wind, Weather, Health, and convenient Shipping permitting) above the Space of four Months (to be accounted at several Times) in any one Year, comencing always upon the said 1st Day of May in every Year, such Person or Persons so offending shall (for the first Offence) forfeit and loose the full Value of one Half Year's Profitt, Benefitt, and Advantage of his or their said Livings, Promotions, Benefices, Offices, Places, or other Imployments, to be levyed, collected, and disposed of in Manner and Form as in any by this Act is hereafter mentioned and expressed: And if any Person or Persons before-mentioned, be found to offend in the like Nature as above declared and expressed at any Time afterwards, he or they so offending shall for every such second Offence, and for every other Offence of that Nature which he or they shall comitt afterwards, forfeit and loose the full Value of one whole Year's Profit, Benefit, and Advantage of his or their said Livings, Promotions, Benefices, Offices, Places, and other Imployments afforesaid, and be declared and made incapable of receiving any further Benefit or Advantage thereof, until such Time as he or they so offending shall return to his or their said respective Dutys as aforesaid.

And, be it further enacted and declared by the Authority aforesaid, That all such Forfeitures are from Time to Time as they shall accrew or happen to be levyed, taken, collected, and received by Order of the Governor, Deputy Governor, and the Lord's Councell for the Time being, directed to the Coroner or Coroners of the Sheading or Sheadings where such Forfeitures shall happen to accrew, and the same when so levied, collected, and received as afforesaid, to be imployed and disposed off for such pious, charitable. and public Uses within this Isle, as the said Governor, Deputy Governor, and Councel, shall have Directions from the Lord of this Isle, for or concerning the same.

An Act for repealing the Laws made against Aliens.

Whereas by two severall antient Laws, the one of the year 1429, incerted in the Book of Statutes of this Isle, it is provided and declared, That all Aliens residing within the said Isle shall make Faith and Fealty to the Lord; and if any Alien be so resident, and make no Fair or Fealty to the Lord when he dyeth, (whose Tennant soever [156] he be) the Lord shall have his Goods by his Prerogative: Now it being the good Will and Pleasure of the Right Honourable the Lord of this Isle to have the said Laws repealed, for the Encouragement of all, Foreigners and Strangers to reside here, be it therefore enacted by the Authority afforesaid, That the before-recited Laws, and all Things mentioned or intended in and by the same, shall, from and after the Day. of the Date hereof, be utterly repealed, made void, and of none effect, to all Intents and Purposes whatsoever; and that all and every Person or Persons, whether Subjects of the Kingdomes of Scotland or Ireland, or any Foreigners or Strangers, of any other Kingdoms or Nations (their Prince being in amity with the Crown of England) coming into this Isle to reside, shall for the future have and enjoy the same Imunitys, Privilledges, and Advantages that any of the Subjects or Inhabitants of England have or hereafter shall or way have and enjoy by the Laws and Customes of this Isle, any other Law, Usage, or Custome heretofore practiced to the contrary notwithstanding.

I am well pleased with these severall Acts, and do confirm the same, and will that they be published in due Forme upon the Tynwald Hill.

DERBY.

[157] At a Tynwald Court

The two Acts aforegoing, viz. one against Non-residence, and the other for repealing the Law made against Aliens, were publickly proclaimed upon the Tynwald Hill according to antient Forme and Custome; as Witness our Hands the Day and Year within written.