[from Mills' Statutes, 1821]

APPENDIX.

Act of Tynwald, 23d June, 1610, for regulating, the Herring Fishings.

AT the Place called the Chapple of St. John Baptist the xxiijth Day of June, Anno Domini 1610, before John Ireland, Esquire, Livetenante and Capten, William Lucas and William Raydcliff, Receavers, Thomas Sansburry and Ewan Christian, Demsters.

The Names of the 21 Keyes, who being called did all of them appear:

The two Demsters and 21 Keyes afforesayd doo affirme and avouch, that the Scowtes which ought to be provided within this Isle for the Hearing Fisshing, in their Conscience and Opinions, ought evrye of them to be of the Burthen of ffour Tunns; and this to be observed for Law hereafter.

The Livetenante, Demsters, Officers, and 21 Keyes afforesayd, having taken the Examinacons of Fower anncyent Men, viz. Mallo. Caloe, Willm. Kerush, John Christin, and. Willm. Corran, who perfectlie did remember the Hearing Ffishing in this Isle, and were themselves Fishers driving for Hearing in the North of England. with Mancks Fishing Boates, doe ordeyne, appoint, and enact, for Lawe to be observed everye Heare after in this Isle, that all and everye the Tennants and Fermors within this Isle, whether they be Lord's Tennants or Barons Tennants, shall have alwayes in Redines, prepared for the Hearing Fishing, eight Fathomes of Netts furnished with Corckes or Boyes, that is to say, out of everye Quarter of Ground eight Fathomes, conteyning three Deepings, of nyne Score Mashes uppon the Rope.

Yt is therefore further ordered and enacted, That everye Fermor which is not alreadie provided of Netts according to this Act, shall furnish themselves before the Feast Day of St. James next following, being the xxvth of July next, upon Penaltie of a Fyne to be imposed by Discrecon on such as shall be faultie.

Examined by JOHN QUAYLE, C. R.

[502]

align="CENTER">Exstract of an Act of Tynwald, 1610, relative to the Herring Fishery.

As the Herring Fishing is as great a Blessing as this poor Island receives, in enabling the Tennants for the better and speedier Payment of their Rents, and other Impositions, and have wherewithal to supply their other Wants and Occasions, when as all other their Endeavours and Husbandry would scarce advance any such Advantages and Gains unto them: So it hath been the incessant Care and Regard of the Government of this Isle always, when the Season of such Fishing falls out, and rather before, upon the Tynwald holden in June every Year, to make open and publick Proclamation to the whole Assembly of the Island, to remind them to be careful in providing their Boats and Netts to be in Readiness, whensoever it pleaseth God to send them that Blessing: And for the great Furtherance and Means to obtain such, it was the Care of the then Government, in the Year 1610,

That every Farmer or Tenant within this Island, whether Lord's or Baron's Tenants, should provide eight Fathoms of Netts, (when as then there was not so many that kept Boats and Netts as now), furnished with Buoys and Corks ready for Fishing, out of every Quarter of Ground, containing three Deepings of nine Score Mashes upon the Rope, to be as an Imposition upon the Tennants for the more effectual obtaining of a Blessing as aforesaid.

And lest that some Persons should be too forward to fish before the Fish should well ground about the Land, and so might frighten it away, it was also provided that no Person or Persons whatsoever should attempt to shoot for the Fish till after the sixteenth of July, which then was apprehended to be the Season for such Fishing.

And when it pleaseth God to send this Blessing of Fish about the Isle, the Water Bailiff, upon Notice thereof, as he is termed Admiral, is to take immediate Care and. Course to have all the Boats of the Island or Fleet to come to such a Place as the Fish is, to drive for the same, and to see after my Lord's Custom Fish; and that there be good Orders observed amongst them, (which he is to Redress if there be not), and to hold and observe these Courses and Orders following, viz.

That none shall be admitted to Fish from Saturday Morning till Sunday at Night, after Sunset, upon Pain of Forfeiture of his Boat and Netts: Or Fish in the Day Time without special Liberty from the Officers or Water Bailiff; or that there be a great Necessity for it.

And no Man is to shoot his Netts till the Admiral or Vice-Admiral have first taken in their Flags, or to give a Watchword if the Night be dark, that they may know when to shoot their Netts; and whosoever is found to offend herein, forfeiteth Ten Shillings to the Lord and Twenty Days Imprisonment.

And whosoever shall wilfully shoot his Netts across, over the Netts of another, or shall use any Draw-Netts or Stake-Netts during the Time of the Fishing, shall forfeit Ten Shillings.

And if any shall cut any Buoys or Corks off any Man's Netts, or shake or take any Herrings out of the same, and it sufficiently proved, shall be proceeded against by a Jury as in the Nature of Felony.

And if any of the Fleet do, by God's Blessing, meet with the Scul of Fish, or get good Store thereof, and reveal not the same to the next Boat to him, so the same might be discovered from Boat to Boat throughout the [503] whole Fleet, to the End every of them might be Partakers of that Blessing, that every One so offending is to be fined Forty Shillings besides Imprisonment.

Also, that if any shall lay violent Hands upon or strike any of his Fellows, or give him uncharitable Language on Sea-board, or under the full-sea Mark, such Person to be punished by Forty Days Imprisonment, and to be fined besides, at the Water Bailiff's Discretion.

And if any draw Blood by violent Strokes on Sea-board, or under full-sea Mark, shall forfeit his Goods to the Lord's Pleasure.

And that the Water Bailiff shall have out of every Boat, as oft as they Fish, a certain Measure called a Kybbon-full of Herrings; and whosoever refuseth to give the same, or Twelve Pence in Money in lieu thereof, shall be excluded from the Fleet.

And that the Water Bailiff shall impannel forth Jurors of Enquiry to present all such as either contemn or break any of these Orders, or commit any other Offences or Misdemeanors in the Herring Fishing Time; and at the Admiral Court to give in these Presentments, that Fines may be imposed upon them by the Court. And that upon every Saturday, by Two o'Clock in the Afternoon, during the Fishing Time, the Water Bailiff is to sit and hold an Admiral Court, as well to inflict Punishments upon all Offenders, as to reform all Wrongs committed through the Fleet.

And every Master of a Boat, and all others his Fishermen, are to attend the same Court, to serve upon Jurors or other necessary Occasions, as they shall be required unto, upon Pain of Fineing.

And the Water Bailiff may also, as oft as such Occasions fall out, call a Court and impannel Jurors to determine all Controversies that concern Sea-faring or Maritime Affairs, betwixt Party and Party, at any other Time, in what convenient Place he pleaseth to sit, the same by Virtue of his Office, either upon the Suit of any Party, or in Pursuance of any Order, for the transmitting of any Case from Chancery, to be so determined, as most incident and proper to that Course of Determination,

An Abstract from the Statute Laws of the Isle of Man,

GEO. SAVAGE.

Act of Tynwald, 24th June, 1613, for regulating Castle Maze.

At the Tynwald Court, holden at the Place called St. John Baptist Chapple, the 24th Day of June, in the Yeare of our Lord God 1613, by Robt. Molyneux, Esquier, Capten Willm. –– and Willm. Ratclif, Receavers, Evan Christin, Deemster, and –– Halsall, Clarke of the Rolles.

Proclaymed upon the Tynwald Hill.

Whereas the Right Honourable Lady the Lady Elizabeth, Countesse at Derby, was trulie advertized, that because of the great Imposicon by an anncyent Statute in this Isle for paying of Custom Heyrings (called Castle Mazes) in Tyme of Heyringe Ffishinge, not onlie Strangers have refrayned to come to the late Fishinge of this Isle, but also the Islanders themselves being thereby discouraged, did not shewe their willinge Minds, nor consequentlie use their industrious Paynes in and about the Fishinge, as other- [504] wise they would have done, being reasonablie dealt withall for the said Castle Mazes. And in Regard thereof the said Countesse both honourablie tendringe the Good of the poore Inhabitants of th' Isle, and desirous to have Strangers well used, and to bringe Entercourse of Trafficke betwixt them and the Islanders, both by her honourable Direccons in her Lettres, dated the Seventh Day of September last past, appointed us, the Capten and Officers, to sett downe and limitt, what Proporcons of Heyrings we, in our Discrecons, should meete and fittinge both for Strangers and Countrimen (notwithstandinge the Statute) to be paid for Castle Mazes during the Tyme of this next Heyring Fishinge, which we hope God, as he hath begonne, will blesse and continue amongst us.

Accordinge which Direccons we doe, upon considerate Care and advised Deliberacon, taken for the Benefitt of the L. of th'Isle, Good of the Inhabitants in general, and well Usage of Strangers, order and appoint to be payd as followeth, that is to say, Out of every small Boate, whereof a Countriman is Owner, to be paid in Lieue of Custorne Heyrings for all the Tyme of this next Fishinge, to the L. two Maze of the best Fish, whensoever a Publick Call for Payment.and Delivrye thereof shall be given throughout the Fleete of Boates, by Direccons from both the Receavers, or either of thern, (whose specall Charge it is to husband those and the like Provisions) with the Ayd and Assistance of the Water Bailiff, who is Admirall for Redresse of Faults and punishing of Offenders at the Fisshinge; and those Boates to bringe the said Custome Heyrings, and deliver them: That is to say, such as Fish from and betwixt St. Maughal Head and Douglas, to deliver them at Douglas – such as Fish between Douglas and the Calf of Manne, to deliver them at Castletowne – and such as Fish on the North Parte of the Isle to deliver them at Peeletowne.

And, evrye of the Countrimen which have Boates, called Scowtes, to pay in the same Manner fower Mazes for all their Custome during the Tyme of Fisshinge.

And out of everye small Boate of the Stranger shall be payd and brought as aforesaid, one Maze for the first Night that the same Boate taketh any Heyrings; and soe ever afterwards one Maze Weeklie whiles it continueth at the Fisshinge.

And in like Manner shall be paid out of everye Scowte of the Stranger two Maze the first Night, and then two Maze Weeklie during the Fisshinge.

And for that there shall be noe Ornission of receivinge the Dues of thees Customes, as is before limitted, we doe order and appoint, that uppon Payne of Fyve Pounds Fyne to the L. everye Inhabitante that shall have a Boate or Scowte at the sayd Fisshinge, shall, before he put foorth the same to Fish enter his Name with the Clarke of the Rolles in his Booke.

And likewise that everye Stranger to the same End, before he Fish for Heyrings, shall enter his Name for his Scowte or Boate, uppon Payne of forfeitinge of all his Fish to be taken.

The Tyme appointed to begin to drive for Hearing this present Yeare, is, by generall Consent, to be upon the xvjth Day of July next, being Fryday.

Examined by JOHN QUAYLE, C. R.

[505]

Whereas the Right Honobl. James Earle of Derby, Lord of Mann & th'Isles, &c. by his Comission of the two and twentieth Day of Aprill last past, hath deputed & authorished John Grenehalgh, Esquier, Govnor of the said Islande, Sr. Edward Savage, Knight, Willm. Christian, Receiv. John Sharples, Controll. Robt. Barrie, Waterbayliffe, Robt. Calcote, Attorney, Andrewe Broome, Steward of his Houshould, & George Browne, Secretarie, his Comissioner, &c. to contract & agree with the People of this Island for such Sumes of Money and upon such Consideraicons as to them should bee thought fitt, and further as by the Tenor of the said Comission appeareth; Now forasmuch as John Cannell, Deemster of the said Isle, John Sharples, Controll. & Robt. Barrie, Waterbayliffe, have come in and offered to compound with the said Comissions. His Lopp. is gratiouslie pleas'd for the Consideracons aggreed uppon betwixt his Lopp. & the said Pties, & for Service done & to bee done by the said John Cannell, John Sharples, & Robt. Barrey to him the said Earle and his Heyres, To give, grant, & convey, and the said Earle for him & his Heyres, doth hereby give, grant, & convey unto the said John Cannell, John Sharples, & Robt. Barrey, their Heyres & Assignes, All and everie the Messuages, Cottages, Landes, Tenements, Milnes, Closes, Intackes, & Hereditaments whatsoev. herein hereafter mentioned, & by them formerlie compounded & agreed for; ffor the Tearmes of certaine Lyves yet in beinge as by the Booke of Composicons appeareth, That is to say, to the said John Cannell one Messuage & Tenement called Nerlogher, contayninge one Quarter and a Halfe of Land of the single Rent of xxiiijs viijd.; one other Quarter of Lande called Kerukrune, Rent single xvijs. vjd.; one Pcell of Intackes thereunto adjoyninge, Rent ijs. ijd.; one other Quarter and a Halfe of Land called Ballaganell, of the single Rent of xxviijs. iiijd.; two Pcells of Intackes thereunto belonginge, Rent xijd.; one Intacke in the Ffells, Rent xvijd.; one Watercorne Milne, with the Suite and Soken of the Tenants thereto belonginge, Rent iiijs.; two Pts. of one other Watercorne Milne, wth. the Suite and Soken of the Tenants thereunto belonginge, Rent viijs; all these in the Pish of Kk. Michaell; and one Pcell of Intackes in the Pish of Ballaugh, Rent xviijd.; and one other Pcell of Intackes in Ballaugh, Rent xd. ob.; and sevall. other Pcells of Intackes in Ballalaugh afforesaid, Rent viijs. vd; and one Pcell of Intackes in Loughnegreagh, Rent xiijd. ob. And to the said John Sharples, one Cottage House & Garden thereunto belonginge in Castletowne, Rent xviiijd; one other Cottage House & Garden, Rent xiijd. ob.; and one Cottage House or Stable, Rent vjd. – And to the said Robt. Barrie one Cottage House and the Gardens thereunto belonginge, in Castletowne afforesaid, Rent iijs. xd.; And one Close of Land in the Treene of Scarlett, in the Pish of Kk. Malew, Rent five Shillinges. To have and to hould all & singular the said Premisses with the Hereditaments. and Appurtences thereunto belonginge, unto the said John Cannell, John Sharples, & Robt. Barrie, their Heyres and Assignes for ever yealding, payinge &,doinge to the said Earle & his Heyres all such Rents, Services, Duties & Customes, as heretofore have been usuall & accustomed to bee yealded, paid & done for the same. And for the better Confirmacon & makinge good of this present Gift & Grant of the said Earle accordinge to the true Intent thereof, Hee the said Earle doth hereby give order & direct, that an Act shall bee made, published & declared for the establishinge and makinge good of the Estates of the said John Cannell, John Sharples, and [506] Robt. Barrey of, in & unto the Lands, Tenements, Milnes, Cottages, Intackes. Houses & Hereditaments afforesaid, to them and their Heyres for ever, accordinge to the Tenor and Effect, true Intent & Meaninge of these Presents. And to that End and Purpose, at this present Court of Tynwald houlden at St. John's Chappell in the Pish of Kk. German, this xxiiijth of June, 1650: It is enacted and ordayned, And bee it therefore hereby enacted and ordayned by his Lopp. and the Officers & xxiiij Keyes of this Island, whose Names are subscribed, That they the said John Cannell, John Sharples and Robt. Barrie & their Heyres, shall for ever hereafter have, hould, occupy & and enioy all & singular the said Messuages, Lands, Tenements, Milnes, Cottages, Intackes, Closes & Hereditaments whatsoever, of, from, and under the said Earle and his Heyres for ever, under and upon the Rent, Services, Duties and Customes heretofore usuall and accustomed to bee yealded, paid or done for the same. Provided allwaies and upon Condicon and nevertheless the true Intent and Meaninge of these Pr.sents and of all the P.ties to the same, is and soe shall be construed, deemed, and taken to bee, that if the said Earle or his Heyres shall at any Tyme hereafter compound and agree with the Rest of the Inhabitants ot this Isle, and that they. shall hold and enjoy all or any their Miessuages, Landes, Tenements, and Hereditaments.by or under the like Tenure and Estate as they the said John Cannell, John Sharples and Robert Barrey now doe or shall hould the Premisses to them thus granted by force of these Presents as afforesaid, or by.or under the pretended Tenure of the Straw menconed in the Comission afforesaid, then and in such Case the said John Cannell, John Sharples and Robert Barrey and their Heyres; shall be lyable and bound for these their Houldings afforetmenconed, To such Lawes, Orders, Duties, and Services proportionablie as shal bee condidoned and aggreed uppon betwixt the said Earle and his Heyres and the and the People of the Island according to the Forme abovemenconed or according to the former Order of the Settinge Quest.

John Grenehalgh.

Will. Christiann.

Upon sight of my Honorable Lord's Hand I subscribe my Name.

John Christian.

Robertt Calcote.

June 24, 1650.

I am well pleased with this Act, and doe confirme the same and will that it be this Day publisht upon the Tindwall Hill.

J. DERBY.

Ric. Stevenson. Will. Huddleston. John Curghie, 64.

John Teare. Will. Standish. Samesbury Radcliffe.

Tho. Fletcher. Willim. TyIdesley. Tho. Norris.

Will. Cloage. Henry Wake, + Jo. Cain.

Will. Stevenson. Thomas Banckes. John Caesar.

Henry Calcot. Jo. Garrett. Robt. Quaile.

Willam Quaile.

Examined by WM. W. CHRISTIAN, Assstt. C.R

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