Appendix C(48) 1792 Report of Commissioners of Inquiry]

APPENDIX (C.) N° 48

COPIES of PROCEEDINGS of THE GOVERNOR AND COUNCIL Or THE ISLE OF MAN, TAKEN FROM THE EXCHEQUER BOOKS IN THE ROLLS OFFICE.

[In Lieutenant-Governor SHAW'S Letter of the 7th of February, 1792. .

Liber Scaccar. 1582.

Fo. 11.
Int. af.

WHEREAS ther hath ben some controversie amongst the common people of the Isle, of what quantitie the selling and buyinge measures of the cuntry ought to be for appeasing and reformacon whereof, and uppon sufficient trial and prove what hath hen the ancient order of the Isle for measures, It is fully concluded and agreed upon, at the court here this day holden by consent of the said Richard Sherburne captayne, and the rest of the officers P^rsent at this said court, that evry ferlet wthin the said Isle shall be made of the quantytie of thirtene pottels measured wth wheate, stricken measure, evry pottell conteynynge thre wyue quartes, Chester measure, and that one ferlet and pottel to the like quntitie and proporcon shall be made and sealed to be kept w^thin eyther of the castels, to the entent that from tyme to tyme the cuntry measures may be reformed and sealed as occasion shall require, and that by the said measures, barly, otes and malte shall be upheaped, and wheate, rye, pease and fitches and beanes, to be stricken accordinge to the anucient customs of the Isle.

Examined by
JOHN QUAYLE, C.R.

Liber Scaccar. 1641.

xxvij° die Aprill, 1641.

Att a Cort houlden at Castletowne the day and yeare abovesaid.

Forasmuch as at this P^rsente theare is a multetude of poore beggars (and much more then in fformer tymes) w^ch wander abroade in the cuntrie begginge over the Islande in generall ffrom P^rishe to P^rishe to the greate anoyance of the Islanders And fforasmuch as such wanderinge beggars are bredd upp theareby in idlnes, and doe much P^rjudice to the inhabitants by filching and stealinge, as by dayly experience is observed ; ffor P^rvencon wheareof (theare beinge noe expresse order upon records), it is thoughts ffitt and conveniente that every P^r ishe shall keepe and manteyne their owne poore, by settinge the able of bodie to works and releevinge the impotent: And to that ende the Lockmen of the severall sheadings are enjoyned to apprehende the bodies of all such beggars they shall ffynde begginge and wanderinge out of the P^r ishes wheare they weare borne or whereunto they belonge by their lateeste habitacons, and to whippe them sevearely; and after that to expell and brings them out of his and their several jurisdicons from Lockmen to Lockmen till they come to their owns P^r ishes they belonge unto as aforesaid; and this order is to bee imediately put in execucon, and published at the next Tinwalde Cort : And all and every the inhabitants of the Islande are required to assiste and ayde the Lockmen in the execucon of theis their dutie, both in helping the Lockmen in whippings them as aforesaid, and after in bringinge them out of the limits where they shall be ffound wanderinge and begginge as afore-said, every one upon payne of ffine and punishment.

JOHN GRENEHALGH.
EWAN CHRIS'T'IAN.
JOHN SHARPLES.
ROBERT QUAILE,
HUM. BARROWS.

Examined by
JOHN QUAYLE, C.R.

Liber Scaccar. 1691.

10th January. 1690.

To Mr. Deemster Christian, Mr. Deemster Norris, Mr. Ferd. Calcott, Compr of the Revenew, and one of our Rt Hono^rble Lords Councell in this Isle, and Mr. Peter Heywood, Atturney-Generall, and another of the said Couneell.

GENTLEMEN,

WHEREAS it hath pleased Almighty God to take out of this world our late Governor [Roger Kenyon], by whose death some some would infer and do openly declare that the civill government and course of law must at this time cease

Gent. I have not been so long amongst you, as rightly to understand what must be done in this intervall ; but as far as I could, at this present time, have inquired into the Reccords, to find out what hath been done for the support of the government in such a time as this.

I am informed that Governor Grenehalgh was the last before this gentleman that died in this Isle in the office of Governor about the year 1651, and how the government was after his decease, and before another was comissioned, upheld (by reason there was noe reccord made of any act or pceeding at that time) I cannot find.

It is certainly knowne that our late Rt Hon^ble Lo. Charles dyed about Christmas in the year 1672, at w^ch time Henery Nowel, Esqr was Deputy-Governor of this Isle, Richard Stevenson their late Receivr Generall and Assistant to the courts ; Thomas Norris and Edw. Christian, Deemsters ; Richard Tyldesley, Comp^r and Cleark of the Rolls ; and William Qualtrough, Atturney-General, notwithstanding that by the death of the said Lo. Charles the several com^cons of the fores^d officers determined and utterly ceased, and thereby all authority and power to act in their several stations alsoe ceased ; yet I find that a Court of Chancery was held the 20th of February, 1672-3, and another Court of Chancery held the 14th of March in the same year, and another Court of Chancery held the 10th of Aprill, 1673: And it alsoe appeares in the book of Comon Pleas, that the Sheading and Comon Law Courts were held and begun at Peeltown y^e 2° June, 1673, by the afforesaid officers, and all other courts in their course; and also the Court of General Goale Delivery was held by the said officers the 16th of June, 1673, and soe the whole course of law still continued, till his Grace the Duke of Ormond (then guardian to our Rt Hon^rble Lord in his minority) sent over comissions to the said officers to reinvest them in their several offices, which comissions bore date the 28th of July, 1673.

Now, Gentlemen, I observe that of the cheefe officers at present * .. that loose, disorderly, and unbridled persons may doe what they please, and noe punishment can be inflicted upon them.

Gent.. It doth likewise follow, that noe lycences for ingates and outgates can be granted or admitted, noe execution can be granted for disobeying the Deemster's toakens; noe arreasts can be granted agt any P^rsons for debt, nor agt P^rsons going out of the Island contrary to law; nor noe means left to compel servants runing from their masters to returne againe to their service; nor noe tranquillity nor peace of the Island preserved: all wch will greatly tend to the prejudice of our Rt Honor^ble Lord in his customs, forfeitures, &c., and in the generall great inconveniences will hereupon to the people of this Isle ensue.

Now, Gentlemen, here is an opportunity to give his Lopp an accompt of the present state and affaires of this his Lord-ship's Isle ; therefore, your advice and opinion is herein desired by him who, during the goodwill and pleasure of our Rt Honor^ble Lord, is

Gent.,

Your fellow servant and officer,

J. ROWE.

S^r

My opinion beinge desired to the w^thin perticulers, I am of judgemt that we may act accordinge to our comissions, but to doe more we have neither law nor president to guide us.

I cannot thinke safe for any of us to intermedle further, till his Honrs pleasure be further knowne, and this is the judgmt of me

EDW. CHRISTIAN.

January 14th 1690.

Wee haveing mett this day to consider of the foremenconed pposalls, are of oppinion that all officers may, by virtue of their comissions, act for the preservacon of the peace and tranquillity of the country; and as for ingates and outgates, and all things relateing to his Lops customes, the same are to be managed by the Como^rs, and that they may take such courses for the collecting of his Lops rents as hath been usuall ; and where there is any disobedience or misdemenr comitted, and any P^rson imprisoned thereupon, they are to he released by the sd Comors upon bonds ; and that no P^rson or P^rsons inhabitting or residing in the sd Isle may depart thence with-out the lycence or liberty of the said Comor' ; and that no courts can be held or kept, nor noe actions for debt, trespass, or any other cause can be granted; but in these, and many other cases, the governmt is to cease until his Lops pleasure be further knowne.

EDW. CHRISTIAN

Thos Norris.
P. Hewood..
Ferd. Calcott.
N.B. Sic in orig THO: NO. P: H. FERD:

Examined by
JOHN QUAYLE, C.R.

* There is a line at least torn off the original.

Liber Scaccar. 1707.

Int. af.
Kirk Lonnan.

Examined by
JOHN QUAYLE, C.R.

Liber Scaccar. 1720, &c.

At Castle Rushen, the 3d Nov., 1719.

THIS day being, appointed by the Governor, Officers, Deemsters, and 24, Keys, at the last meeting for the consider-ation of the severall annexed instructions sent over by the Rt Honble the Lord of this Island, in order to he passed into lawes upon applicacon made to his Lop by the 24 Keys ; and having accordingly mett upon that matter, and the said proposals being publickly read, the said 24 Keys refused entering into the consideration thereof, or joining in the passing of the said lawes unless severall other proposalls drawn up by them-sel ves were at the same time taken into consideration and passed into lawes likewise. But this court conceiving those proposalls offered by them to have no relation to the aforesd instructions, nor consistent with the laves and practice of this Island, the said Keys thereupon declared they would proceed no further to the consideration of the aforemenconed instructions, and so at their own request were dismissed.

Dan. Mylrea.
Cha. Moore.

ALEX^R HORNE.
J. ROWE.
ROBT HORROBIN, A. D.
Wm SEDDEN.
DANL McYLREA.

Examined by
JOHN QUAYLE, C.R,

Liber Scaccar. 1770.

To his Excellency John Wood, Esquire, Governor-in-Chief and Captain-General in and over the Isle of Man, and all Islands and other Dependencies thereunto belonging.

WE, the chief Officers and Magistrates of the said Isle, whose names are hereunto subscribed, in obedience to your Excellency's orders hereunto annexed, have taken the same into consideration, and find that your Excellency, as well as all preceding Governors under the late Lords Proprietors of this Isle, hath supreme jurisdiction throughout its government, whether upon land or in the ports, harbours or seas thereunto adjacent and belonging; and that the processes, actions, arrests, judgments, decrees, or other proceedings of the said Governors and other the several subordinate courts, Judges, or Magistrates, according to their respective jurisdictions, were executed below the full sea mark by officers then called the Deputy-Searchers of each port of this Isle; which office was of a complicated nature, as well for the service of civil processes, arrests, of caetera, as in assisting the Collectors in receiving the customs and duties, and was held by commission, during pleasure, from the said Governors or their Deputies for the time being; and the said several Deputy-Searchers were respectively sworn to the due execution of their said offices, and were amenable to the Governor's order for neglect or misconduct. And we are also of opinion, that the said office ceased upon the 21st June, 1765, when this Isle and the jurisdictions of the same became vested in the Crown, and the revenue part thereof hath been executed by officers, constituted for that purpose by the Right Honourable the Lords Commissioners of his Majesty's Treasury; and we humbly apprehend that they are not authorized, instructed, or intended to interfere in the civil department, in acting as Bailiffs, in the execution of the municipal laws of this Isle. We also find that his Majesty has been most graciously pleased, by order of Council, to discharge the Captains in the several towns, and the soldiers under them, who had been upon the establishment under the late Lords Proprietors, and acted as well in a civil as a military character, and superseding that of the military one, to re-establish a Captain in each town and nineteen Constables, for the preservation of the peace within this Isle, and the execution of all civil processes and duties directed to them.

And upon consideration of your Excellency's said order, we are humbly of opinion that the service and execution of all actions, processes, arrests, judgments, decrees, pleadings, and proceedings, issuing from or out of any of the courts or magistrates of this Isle, or by the authority of the same, would be most legally, or regularly served by the said Captains or Constables beneath the full sea mark, and within the juris-diction of this Isle and its dependences, in the same manner as upon land, according to the nature of their respective offices, their commissions granted by your Excellency, and the oath administered to them for that purpose. And in case your Excellency hath not already issued instructions for that purpose, that your Excellency having ample powers, and being vested with original as well as appellative jurisdiction in all causes cognizable by and before the Deemsters, Water-Bailiffs, and other the inferior courts of this Isle, may lawfully grant sufficient authority to all Captains or Constables to execute the said duties as the said Deputy-Searchers in their said civil capacity have formerly done. As witness our subscriptions at Castle Rushen, this 28th May, 1770.

JOHN QUAYLE, Clerk of the Rolls.
CHA. SEARLE, Attorney-General.

Pet. J. Heywood,Dan. Mylrea, Deemsters.

RICHARD BETHAM, Water-Bayliff.

Examined by
JOHN QUAYLE, C.R.