Appendix C(44) 1792 Report of Commissioners of Inquiry]

APPENDIX (C.) N° 44

EXTRACT FROM THE EXCHEQUER-BOOK OF THE ISLE OF MAN, 1722 OF THE PROCEEDINGS OF THE GOVERNOR AND COUNCIL.

[In Lieutenant-Governor SHAW's Letter of 30th January, 1792.]

INSULA MONAE

Liber Scaccar. 1722.

At a Court holden at Castle Rushen, the 9th day of February, Anno 1721, before the Honourable Alexander Horne, Esq., Governor; the Council and Deemsters of this Isle.

WHEREAS the Right Reverend Thomas, Bishop of this Isle; John Curghey and Willm. Walker, Viccars-Generall, being duly summoned to this court to answer the complaints made by the Atturney-Generall against the said Bishop and Viccars-Generall, for several crimes and misdemeanors by them committed against the Lord's prerogative, the laves of this Isle, and the rights, liberties, and immunitys of the subjects of this Isle; and having appeared, obstinately and contemptuously refused to answer the said complaints, offering several frivilous and evasive allegations ; whereupon hearing the said Atturney-Generall, and upon consideration of several coppyes of record by him produced upon the said complaints, it plainly appeares to this court that the said Viccars-Generall have illegally and contrary to an established law suspended Mr. William Bridson, Viccar of Kirk Marown, ab officio et beneficio. And it also appeares to the court, that the said Bishop did of his own authority assemble and call a convocation of the clergy; and therein did assume to hear and examine matters not cognizable before such assemblys, contrary to the Lord's prerogative, and the limittations of the laws of this Isle. And furthermore, it appears to this court, that Madam Horne being summoned as an evidence in a case depending betwixt the Reverend Arch-deacon Horrobin and Mrs. Puller, at a court held at Kirk Michell, the 5th of December, 1721, when and where she offered to give her evidence in the matter then in dispute; but the said Bop. and Vicears-Generall did not only refuse to take her evidence, hut without any regard to the regular course of law, or any further citation, did at a private court afterwards held by them at Bishop's Court, the 19th of the same month, censure the said Madam Horne to grievous pennance and imprissonment, for only declaring what she was ready to make oath of, in the case afforesaid, and likewise makeing part of that censure to he for a charge she was ready to prove in court by evidence, if she had been required ; which proceeding is not only contrary to law in all common eases, but contrary also to the privilledge and immunitys the Governr and his family ought to enjoy by the laves of this Island. And the said Bishop has likewise illegally censured the Reverend the Archdeacon, our Honable Lord's Domestick Chaplaine in this Isle, imposeing upon him severe hardships contrary to the privilledges and immunitys which by law he ought to enjoy; which said offences and illegall proceedings do greatly tend to the subversion of the laves and government of this Isle, the Lord's prerogative, and the rights and libertys of the subjects. Upon deliberate consideration of all which, This court doth hereby declare and adjudge their proceedings in the matters complained of, to be irregular and illegall, as contrary to the law and custome of this Island, and the Lord's prerogative as aforesaid; and, therefore, the said Bishop and Viccars-Generall are ordered and required to retract and cancell their said proceedings upon the registry, under the penalty the law provides in such cases ; and that they do not presume to proceed in such matters, or against any such persons as are so privilledged by law for the future.

ALEXR. HORNE.

DAN. MYLREA. J. ROWE.

CHA. MOORE. Wm. SEDDEN.

Examined by JOHN QUAYLE, C.R.