[From Atholl Papers - AP 122(3rd)-40]

P J Heywood to Duke 17 July 1783

Isle of Mann July 17th 1783

My Lord Duke

I have the honour to acquant your Grace that I arrived here this morning - My Brother informs me that the Bishop embarked for Scotland on Monday morning last attended by one of the Clergy here, he landed in Galloway and proceeds from thence to Edinr to take the advice of Dr Cullen. He was so extremely far gone that he was unable to mount his Horse to go to the place; abt a Mile from Bishop's Court where he took Boat and it is the Opinion of Dr Scott and every body that has seen him that he will never return. He is extremely emaciated and his stomach so impaired that the little quantity of Victuals he takes passes undigested and he has constant bloody stools.

I have had an Interview with Mr Betham since I landed, he says the Lt Gov. is recruited again and it is now determined that he does not leave this place till Octr next at which time General Smith is expected to arrive here who has absolutely refused to stay longer than three months tho' Mr Dawson expect leave of absence for 2 years. But the General has been put upon sollicting a mode suggested by Mr Quayle to make the matter convenient to them both which astonished me not a little, And that is the Lt Govr should be impowered before his Departure from hence by an Order from the king to appoint a Regency as they call it, to act for him consisting of Mr Quayle, Deemster Moore and Sir Wadsworth Busk. but it seems the latter has absolutely refused to act in conjunction with the other two, and expects from his Interest with Ld Loughborough and Mr Lee Sol[icito]r Genl to be appointd Chancr himself - A Man who seldom or ever attends the Courts and even the Official Duties belonging to his Appointment are transacted by Mr Lace who acts as his Deputy. That he appoints a Deputy is not to be wondered at as it is impossible he should be acquainted with the Municipal Law & Customs of the Isle.

Besides the exteme absurdity of this dispensing with the non resid[en]ce not only of the Govr but in Lt Govr and rendering both these Officers perfect Sinecures I need not urge to your Grace the consequences to be apprehended from such persons (who have so uniformly opposed your Grace in every thing here) having the Government of this Country in their hands especially for a length of time. They will no doubt pretend to sanctify this mode from precedent, by saying it was practized when the Sovereignity of the island was in possession of your Graces ancestors. But the strange alterations that have since happened here, have rendered this practice impossible to be continued

In those times there was but one Govr but the Receiver Genl (next in Rank to him) always acted as one of the Council, and the Water Bailiff also, and there were also two Deemsters. The Arrangement is now quite different - There are two Govrs. But neither the Recr Genl nor the Water Bailiff are of the Council both of these Offices being executed by Mr Lutwidges Deputy, and there is but one Deemster only. - Where there was but one Govr and his Affairs procured the Consent of the Lord of the Isle to leave the Goverment for a time the Recr Genl and one of the Deemsters were generally appointed Deputy Govrs - The Business of the Country therefore went on as usual and there was no lack of Justice as there was still one Deemster to transact that Business for the whole Isle. But if this novel Establishment should take place an appeal would lay from the Deemsters Judgement as Deemster to himself as Deputy Govr.

From hence your Grace will easily see what a situation your Grace and the Country in general would be in, if this takes place and this will I hope appear as a proper reason to your Grace as will for my taking the first moment of writing to you abt it as well as being so particular on the Subject.

On consulting with my Brother abt Dr Scott's being spoke to abt the Lt Govr as proposed we are both of opinion that it is much better to run no possible risque of its being known by disclosing the mantter in ever so remote a manner to any person here If the plan at present in agitation of a Regency can be demolished by your Grace or your friends which I hope will take place the resignation of the present Lt Govr may possibly happen of course.

Inclosed I have the honour to send your Grace a Copy of an Order of an order of the Lt Govr just issued confirming the Order of the Commissnrs respecting the New Drain directed by them to be made in your Graces Demense at the Northside called the Lhane Moar, and which Drain if not begun & continued in fourteen Days from the Day on which the order was served the Overseers appointed by it are ordered to employ proper persons to do it at your Graces Expence and that of the adjoining proprietors. There is nothing which can prevent so great an Injury acruing to your Grace if this should happen, as well as your Graces Tenants giveing up the Land, but appealing to King & Council And I lament not a little that the almost impossibility during the present state of things that you have been drove so often to this Expedient. It will however put a Stop to it till it is heard and I shall only trouble your Grace with one observation upon it.

That the Drains and Fences of the Desmesne belonging to the Lords of the Isle have been repaired by the Tenants adjoining from time immemorial will abundantly be proved in hundreds of Instances from the Records of this Isle & If your Grace was to be reduced by an Act of Tynwald to which you was no party. (the injurious tendancy of which was neither opposed by your former agent, or ever represented to you) to a level with your Tenants such Right should have been taken away by express words which it is not.

The new intended water course is to be conducted as I told your Grace before in this manner

sketch plan of new drain

My Brother and every person that has seen it says that if this new Drain is conducted in this manner it will often overflow at the Mark O and the consequence will inevitably be that the best part of your Graces property there will be destroyed. He also says there is a fall of no less than 22 feet in the old water course which has been found amply sufficient to carry off all the stagnant waters, if it had been properly cleaned and [] and that there will be very little more fall in the new one. But my Lord [sic] the Truth of the Matter as I am credibly informed is this Mr Lace is one of the Commissioners and this new intended drain will exceedingly benefit a Mr Brew who is owner of the Land called Gilcaughs Land. A large Fee to Mr Lace would readily produce the order and his good Understanding with the Lieut Govr would as readily procure its Confirmation.

My Bror tells me that two Moars for two of the parishes have never been sworn into Office since October last, having refused to execute their Office and that it will be in vain to apply to the Deemster to Compell them - A new Govr and a new Deemster would soon be the means of putting an End to this work.

I have the honour &c Peter Jno Heywood July 27th 1783 [note different date at top of letter]

Notes

Peter John Heywood had replaced John Quayle(also Clerk of the Rolls)as Steward to the Duke after the Duke had accused Quayle of cheating him - Heywood would soon afterwards be found guilty of false accounting but before this he constantly opposed the Lt Governor, the Keys and Lutwidge.


 

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