HTML Transcription © F.Coakley , 2021
[Appendix A(62) 1792 Report of Commissioners of Inquiry]
Examined by the Duke of Atholl.
This Examinant saith. That prior to 1765 Governor Cochrane and Governor Wood did receive fines from some of tenants of the Isle of Man for the Services described in the Act of Settlement of the 4th of February 1703; and that he heard Governor Cochrane say, that he duly applied the same according to the words of the Act of Settlement of 1703 and 1704 upon the houses and the public buildings, He believes that in the year 1766 these Services were collected and paid to the Governor.
Cross-examined by the Keys.
That for ten years prior to 1765 he was the Duke of Atholl's Comptroller, and employed in making out his revenue books; that during that period no composition for these carriages was brought in as an article of revenue to the Duke's account , he has heard, that prior to 1765 many persons refused to pay this composition; he believes the composition was six-pence from those that would pay; that in his opinion these Services were applicable by the Laws and. Customs of the isle, to the maintenance and repairs of castles, houses, and public buildings; he believes that the Services called Carriages, in the act of 1703, are the same Services as are referred to in the act of the 24th of June 1645; he has been a Member of the Council, and sat as a Law Officer in all the temporal Courts of the island where the Governor presided since 1764, and to the present time; he does not recollect any litigation respecting these Services during this period, though there might or might not have been such; to the best of his recollection and judgment, before 1765 the Lord of the island did bear all the expences of garrisons, castles, gaols, and public buildings belonging to the Lord, without any expence to the inhabitants - by public buildings he, means garrisons, castles, and the Governor's house, and prisons within one or other of the castles; the Governor's house was certainly detached from the castle, but he has the greatest reason to believe that these Services were appied to the repairs of the Governor's house, particularly alluding to Governor Cochrane's house that after 1765 Government did not take possession of the house where Governor Cochrane had resided; the present Governor resides within the walls of castle Rushen; in his opinion the present courts of the island are competent to try any question relative to these Carriage Services,
Re-examined by the Duke of Atholl.
That since 1765 he was continued one of the Duke's Officers; and since the Revesting Act he was by Government appointed Clerk of the Rolls; that he expressed to the present Duke of Atholl the delicacy of his situation as a servant of the Crown and his Grace, as they had several interfering rights ; as Agent to the present Duke of Atholl's father, he had not any direction to give these Carriage Services to the Governor since the year 1765; in 1766 he did collect these Carriage Services in money ; and the paper which he now delivers in, marked with the letter A, and signed this day by him, contains a correct account of these collections ; that in the year 1766 the greater number of persons in the parishes mentioned in this paper refused to pay these Carriage Services he does not recollect that when this account was transmitted to the Duke's father, he mentioned the persons so refusing, and did not think it prudent or right be rigid upon that occasion ; the money contained in this account was paid to the Governor upon the principle of being applied to the garrisons and public buildings, as he conceived it could not be received upon any other pinciple; he does not know whether it was in fact so applied.
Cross-examined by the Keys.
In 1766 he was the Governor's Secretary ;
Cross-examined by the Duke of Atholl.
and he collected the Carriage Services, not as Governor's Secretary, but as Agent for the Duke, upon a supposition that it belonged to the Duke, but was ordered afterwards by the Governor to pay it to his use, and he paid it accordingly.
JOHN QUAYLE.
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