[From A Second Manx Scrapbook]

APPENDIX III

(See page 320).

ENQUIRY HELD BEFORE A SPECIAL JURY IN JURBY, A.D. 1698.

TREE are to certify whom it may concern yt according to the Deemsters toaken I impannelled a jury of Slander to [depend ?] twixt Captn. Tho. Christian and Steven Tere of Jurby about Silver & Gold wth. wch. the sd. Steven was alleadged to have slandered the said Captn., & that to that Effect I delivered their oath and charge to the sd. Jurors and to nothing else all wch. I certifie to be true by vertue of ye oath wch. I have taken as witness my Subscription this 13th of June 1698.

Dan: Doughertee Lockman of Jurby my ink. X Tho. Corlett of Broughjearg in Ballaugh & Tho. Corlett of Jurby Sworne & examined declare, that they were by & in place (ye former being one of the jury of Inquirye) when ye above Steven Tere was Sworne touching Silver & Gold, & ye sd. Steven Tere denved he had any Such, nor heard or knew who had, but only he heard Captn. Christian had a bag of yellow things divideing ye same twixt himselfe and another man: Tho. Corlett of Ballaugh further declares upon oath yt he was by & in place when M°ylkiaraine was examined by ye Slander jury (ye sd. M°ylkiarraine being given in as Author to Steven & his Brother Jo' Tere) touching what words ye sd. Tere spoke of Yellow Things,- one W' Crestry standing by, confessed to ye sd. Jury that all those words concerning yellow things (then laid to M'vlkiaraine's Charge) were told to ye sd. M'ylkiarrain by him, & further say not.

Tho. Corlett's mark X Tho. Corlett's mark X

Rich. Tere & Wm. M°vlrea sworne & examined declare yt. they were in place & by, when Wm. Crestry above mentioned told Tho. M'ylkiarraine all ye words yt ye above Steven Tere declared upon oath before ye jury of Inquiry at Ballakeage touching ye yellow things affd. only Rich. Tere one of these Deponts. adds that ye sd. Crestry said moreover that Captn. Christian & ye man yt was with him were cracking ye sd. yellow things wth. their Teeth and throwing them againe out of their Mouthes, and further say not.

Rich. Tere his mk X Wm. M°ylrea his mk. X Wm. M'ylkiarraine being Sworne & Examined saith that ye sd.* Jury of Slander wronged him in that he was by them taken as Author to Steven & Jon. Tere, & yet they would not take Crestry as Author to him, although by ye Depositions affd. and by his own confession to ye sd. Jury he was made to appear to be this Depont's Author Further he declares upon Oath that on the day the sd. Jurors were to give in their Verdict to ye Deemster at Ballaugh, he heartily begged ye sd. Jurors to give him only time till next day (by suspending their Verdict) & that he would bring in Evidence before them yt would undoubtedly clear him, yet this they would not grant. Wm. M'ylkiarraine mrk. X [Wm. Corlett of Ballaugh declares on oath as the two Thos. Corletts have sworn ; also that he heard Wm. M'ylkiarraine ask for time to clear himself.]

We whose names ensue being a Travers jury upon the verdict of ye w"in mentioned Jury of Slander, vizt. Jon Crow, Wm. Corlett, Patt. Cleark, Will: Cry, The: Cannon, & Wm. Killip, touching some scandalous words consisting of " Yellow Things " alleadged to have been spoken by The. M'ylkiarraine concearning Captn. Tho. * Line of MS. repaired here and partly illegible.

Christian ; have weighed & seriously considered ye sd. verdict, & also taken the wtl'in Depositions; And finde, Firste, by a Certificate of the Lockman by vertue of his oath as is w"in mentioned, that ye oath & charge he gave to the sd. Jurors of Slander was perticularly Silver

Gold and not touching anything else whatsoever. z1y we finde by the oath of Tho. Corlett of Ballaugh & Corlett of Jurby and also of Wm. Corlett that [the next folio is only partially legible, but refers to a distinction made between " Yellow Things " and " Silver and Gold," and to M'ylkiarraine's request for more time] and that it was not given him; & lastly By Captn. Christians own confession he says, that indeed he had Yellow Things, but (he adds) they were Nutts : By all wch. Evidence & other Circumstances mentioned in the sd. Verdict of ye Slander jury we clear ye above M'ylkiaraine & leave ye Slander jury to ye mercy of ye Court for a fine and this we give for our verdict this 15th June 1698 as witness our Subscription.

[Twelve names and twelve marks.]

We, Mary Tere & Mally Corlett als. Caine haveing been called to our oathes touching words [declared ?] or uttered by Steven Tere when he was examined before Major Stevenson & ye jury of Inquiry, doe, for fear our oath given in words may suffer an addition or diminution by mistake or forgetfullness, declare our oath as follows : I Mary Tere affd. coming into ye house when Major Stevenson & ye sd. Jury were examining Steven Tere I heard ye sd. Steven aske whether he was charged by his oath to declare what he heard; he was answered, that he was; upon wch. he said, that he heard that Captn. Christian had a bagg or a poke in wch. there were yellow things & yt. He ye sd. Captn. & a nother taull black man were dividing ye same He being asked who told him soe, answered that he did not well know, but that he heard it about their own fire he thought by his Mother & Brother Jo', and that as farr as he knew, it came of Crestry's boy, & being again asked wch. of Crestry's boys, he replyed ye little boy; at wch. word ye Lockman Danl Doughertee standing by me ye deponent whispered, saying, if it may be left on yonder fellow, he is under age : The sd. Steven further said pray mistake me not I speake of neither money nor gold ; these were the words as near as I can remember & doe deliver ye same as my oath. In testimony whereof I subscribe my name & marke

Mary Tere my mrk X

[Mally Caine corroborates, except as regards the words said to have been whispered by Doughertee. Wm. Corlett deposes that he was present at the Deemster's house when the Slander jury was ready to give in its verdict between Captain Christian and " Thos." Mcylcarraine of the parish of Jurby, and that the latter asked the jury to suspend its verdict, and he would bring evidence that would clear him.]

(Copied from a MS. in the Rolls Office.)