Decrees of Lt Governor Dawson

The following articles were printed in 1927 following thediscovery and conservation of some sheets of Decrees issued by Lt-Governor Dawson. It is possible that the author was William Cubbon, then librarian at the Manx Museum.

From Isle of Man Examiner, Friday, 2nd September 1927

An Unwilling Hangman

Some little time ago a number of manuscripts which had been kept during two or three centuries in Castle Rushen, and which had latterly fallen into a state of sad neglect, were removed to the custody of the Manx Museum. Among them were a number of copies of letters from and orders by Richard Dawson, who was governor of the Isle of Man from 1775 to 1790. Many of these documents relate to important happenings in Manx history, while the contents of others, though less momentous, are decidedly quaint and curious. Among them is one signed with the initials "E.S.".[Edward Smith Governor-in-chief] but apparently an official act of the Governor, which reads as follows : -

Whereas John Tear of the Parish of Kirk Maughold husbandman did in the year of our Lord 1770 become bound to our Sovereign Lord the King that he the said John Tear should perform the duty of common executioner within this Isle upon all occasions when thereunto required and was duly sworn for that purpose -

And whereas there are two convicts now in Castle Rushen lying under the Sentence of Death and it hath been found necessary to apprehend the said John Tear in order to be secure and forthcoming to execute the said Sentence at the place and time appointed for that purpose according to his duty in that behalf -

These are therefore to Order and require you that you forthwith receive into Custody in Castle Rushen the body of him the said John Tear and him there safely keep and detain for the purpose aforesaid until you receive further Order to the contrary.

Given at Castle Rushen the 10th April, 1781.

"To the Gaoler of Castle Rushen, and whom it may concern".

The people of the Isle of Man had a very creditable aversion to the judicial taking of human life, especially in punishment for such petty offences as were in those days legally expiable by death. It was a difficult matter to induce juries to return a verdict which resulted in the death sentence being passed, and as in those days only the theft of goods valued at exceeding a certain figure was felony, juries often evaded the sentence by assessing the value of the stolen goods at ridiculously small amounts. Even then, it would appear from the above document, the official executioner, though he had accepted the post, was a man with bowels of compassion.

It is related that considerably later than the days of John Tear, a prisoner condemned to be hanged remained in Castle Rushen for a very considerable time because nobody could be found to perform "the deep damnation of his taking off," and the authorities were in a quandary. Luckily, from their point of view, a second criminal worthy of death was lodged in the prison, and he was offered his pardon and release if only he would oblige by hanging his unfortunate fellow!

And there was another occasion when, everyone else failing, the coroner of the sheading himself accepted responsibility of carrying out the execution. He had no stomach and no skill for the job, and he bungled the hanging, with distressful consequences to the prisoner, and to the rage of the crowd which witnessed the execution. The odium of having been the hangman clung to him all his days, and to his children after him.

THE SHIPWRECKED MARINERS FUND.

The Shipwrecked Fishermen and Mariners' Society is an institution of long standing, but the recipient of the letter which follows probably held an appointment under the Royal Navy.

"Affidavit' having been made of His Majesty's late armed ship the Molly having taken fire and blown up near the coast of this Island and that several of the officers and crew are saved, - I by the particular desire of the Master's Mate Purser and Surgeon of His Majesty's said late arrived ship order you to take under your care all the sick and hurt seamen or marines that may be landed in this Island belonging to the said ship, and that you provide each and every of them with quarters and cure, and with such cloathing or slops to you seems necessary according to the rules of the Navy. - Given under my hand at Castle Rushen this July, 1781.

"To Patrick Scott, surgeon and agent for Sick and Hurt Seamen and Marines at Douglass, Isle of Man."

There is another letter of this period, in which Governor Dawson takes action upon receiving information that the master of a "cartel" vessel - i.e., a merchant ship authorised to carry guns and to engage with the enemy - having under his care two English soldiers who had been released from a Spanish gaol, and being directed to land them at his destined port of either Plymouth or Portsmouth, chose to get rid of his responsibilities by dumping them in the Isle of Man, leaving them and their wives helpless and starving. The Governor sternly warns the master of the consequences of a continued dereliction of duty.

THE OLD CASTLETOWN BRIDGE.

Of special interest to Castletown readers will be the undergoing reference to the "Old Bridge" at Castletown. The present quay and bridge were not constructed until 1821. Governor Dawson, addressing the House of Keys - or was it the Highways Committee, which was then functioning? The copyist unfortunately omits the directions for the delivery of the letter - says:-

Gentlemen-I think it is my duty to represent to you that the Old Bridge over Castletown River is in so ruinous and dangerous a condition that it becomes absolutely necessary for the safety of His Majesty's subjects that the same may be pulled down and removed. I have therefore to desire that you will with all possible speed take ye necessary measures for that purpose and also, for the opening and compleating a proper road to and from the new bridge over the same river so as the publick may pass and repass thereon with safety and convenience. - I am, Gentlemen, Yours etc.,
R. DAWSON, "Castletown, 11th April, 1782.

THE DANGER OF CHIMNEYS ON FIRE.

Here is another letter of moment to the Castletown people of the period :-

"Whereas there is now lodged in Castle Rushen a large quantity of gunpowder in the safety and preservation whereof from Accidents by Fire the Inhabitants of Castletown are particularly interested and concern'd -
And whereas a practice almost generally prevails amongst the said Inhabitants of setting their Chimnies on Fire whereby it is possible that Sparks of Fire may be carried into the said Castle and communicate with the said Powder, in which case the consequence must become fatal to the said Town and Neighbourhood -
And whereas the publick safety demands that every possible precaution be taken to prevent such dreadful accident-
In Order therefore as much as may be to guard against the same, and that none do plead ignorance after this publication, you are hereby required publickly to caution and warn the said Inhabitants against the said disorderly and dangerous practice And you are also to give publick notice through your Town and if any person or persons whatsoever shall in future set on Fire or cause to be set on Fire his or her Chimney or Chimnies within the said Town or willfully or negligently, permit or suffer the same so to be under any pretence whatsoever, Such Person or Persons so offending shall be proceeded against according to the utmost rigour of the Law.

Whereof all and every Person or Persons whom it shall or may concern are desired to take due notice and govern themselves accordingly.

"Given at Castle Rushen the 30th January, 1781.

To the Captain of Castletown and whom it may concern".

Isle of Man Examiner, Friday, 9th September 1927; Page: 8

Letters of Governor Dawson

In our last issue we quoted from the official correspondence of Richard Dawson, Lieut.-Governor of the Isle of Man between 1775 and 1790, which correspondence, after having remained at Castle Rushen, under imperfect means of preservation, is now housed at the Museum. Governor Dawson lived in a period when England was more or less constantly in a state of war, with France or the insurgent American colonies, and the Isle of Man was frequently vexed with alarms of the close proximity of enemy ships. It was in this period that the daring American privateer Paul Jones committed depredation on the very coast of Great Britain, shelling Whitehaven and committing considerable damage. Readers may remember how the French privateer Francois Thurot, before he met his doom at the hands of Elliott near Ramsey, had robbed and burned the Irish town of Carrickfegus. The shortest sea passage to the Isle of Man, then as now, was from Whitehaven, and fears were entertained that bold Paul would run across to the Island and make himself troublesome. The Governor therefore calls upon the Insular militia to he vigilant, and to observe most strictly the obligations of watch and ward from the hilltops. On the 24th April, 1778, he writes to ihe captains of militia at Castletown, Douglas, Ramsay and Peeltown: -

"Whereas I have this day received certain advice and information that a privateer of eighteen guns and 120 men had landed some of her men in Whitehaven yesterdav morning, and had set fire to a vessel in the harbour, and distributed combustibles in several others and also that the said privateer after so doing had stood out to sea and was seen off and near to Point of Ayre yesterday evening, and as it is apprehended that the said privateer is now upon this coast and mav attempt to land and commit acts of depredation on this Isle - You are therefore hereby required forthwith to call out your Town Company of Militia and to charge them immediately to collect so many guns and other arms of Defence as possibly may be got, and always to be ready to make all the defence in their power according to Law, as they shall answer the contrary at their peril.

And you are also to cause strict watch and ward to be kept within your district as the law directs, and the Wardens of such Watches are hereby strictly enjoined upon the appearance or apprehension of an Enemy to make signals upon every alarm and return regular reports immediately to you of all ships and vessels and number of boats they shall observe hovering about or approaching towards this Isle with the several other circumstances of each of such cases in order that you may forthwith send your company of Militia and resist by Force their Landing here to the utmost of your power.

And in case you apprehend your force is insufficient to oppose them and prevent such their Landing and committing acts of Deveastation on this Isle, you are then forthwith to give information thereof in writing to the Captain or Captains of Militia of parishes adjacent to you that they with their companies may give their aid and assistance to oppose the Enemy and protect this Isle as occasion shall require.

And the several and respective captains, and companies of militia throughout this Isle are hereby Ordered and strictly Enjoined to be aiding and assisting to each other to the utmost of their power in the Repulsion of the Enemy and ihe protection of this Isle according to Law as often as thereunto required, as they and every of them shall answer the contrary at their peril.

In all and every of which cases you are hereby ordered to transmit to me the Lieut.-Governor from time to time as occasion shall require a full and regular account or report of such apprehensions arising from the appearance of any such ships vessels or boats and your proceedings had thereupon.

And I also desire that application be forthwith madr to me by proper Gentlemen and other persons for commissions, so as that the Militia throughout this Isle may be properly and immediately supplied with officers and wardens of Watch and Ward appointed for the Execution of the Military Laws of this Lsle and the safety and protection ot persons and properties of His Majesty's liege subjects within the same."

On the same day instructions were given to the captains of the militia of Castletown, Malew, Arbory, Rushen, and Santon, ordering them, "whereas in this time of danger it is found necessary to keep a guard of twenty men every night in Castle Rushen," to supply twenty men nightly, every fifth night from Castletown or one of the parishes enumerated, for this purpose. Six days later, however, the danger "to this Caslle and the public records within the same" being deemed not so alarming as it was, the number of the guard was reduced to twelve.

BEACONS ON MAUGHOLD HEAD TO WARN CUMBERLAND.

On the 19th May, 1779, Paul Jones is heard of again, and the Governor thus circularises the captains of all the towns and parishes : -

"Whereas I have received advice that Paul Jones lately sailed from Brest with four or five sail of armed vessels and a number of land forces in boats, and that the said Jones being well acquainted with this channel, there is too great reason to apprehend that his Designs are against some part of these coasts, and as this Isle is the most profitable place of rendevous-You are therefore hereby ordered and required to cause Watch and Ward to be strictly observed and kept at the usual places in your town [or parish], and that a Horseman do always attend in readiness to bring unto me an account by Express of such Intelligence as may occur to the said Watch, specifying the Number and Quality of such ships or vessels as shall be observed by the said Watch upon the occasion.

And you are also requested to have the militia of your said town [or parish] in readiness to assemble with their best arms and weapons of defence at the shortest notice, so that I may give them such orders for the protection and safety of the Isle as shall be found expedient upon so alarming an occasion. And herein you, the Wardens of the Watch, Horsemen, Militia, and all others whom it may concern, are not to fail, as you and each of you shall answer the contrary at your peril."

In the case of the parish of Maughold and the town of Ramsey, the following clause was added to this precept: -

"And you are likewise strictly required to cause a sufficient Quantity of Gorse or other ffewel to be provided on Kirk Maughold Head, and to take particular care that the same be set on Fire in the beginning of or in any part of the night when and after there be any certain account or appearance of the Enemy on this Cast, in order to give the alarm to the coast of Cumberland thereof. And you are also to observe and send an immediate Express to me upon any appearance of a Fire upon St. Bee's Head, besides the Light House, as such Extraordinary Fire is ordered to he made there to give the people of this Isle the signal in case the Enemy shall make their descent on those Coasts."

"OUR ENEMIES NOW OVERSPREAD THE SEAS".

On the 7th June, 1781, the observance of watch and ward was again considered urgently necessary, "in this time of war and imminent Danger," when "our Enemies now overspread the Seas," and a similar proclamation was issued, with the variation that information of the enemy ships was to be sent to the commanding officer of the nearest detachment of the Fencible Battalion.

In Sept. of the same year the Governor had received intelligence of forty sail of the enemy, with a number of troops, being off Cork, as it was possible that some of them might come down this Channel, the Governor gave instructions to William Qualtrough, captain of Kirk Christ Rushen, to be particularly vigil and in the strict observance of watch and ward in this parish. This order was transmitted by Mr Daniel Callow, who was then acting as Governor's secretary, and who afterwards became a member of the House of Keys, and died while on a deputation from that body. He was one of the Callow family, of Claughhane, near Ramsey, and an ancestor of Mr P. M. C. Kermode.

PROHIBITING THE EXPORTATION OF FOOD .

There are probably members of the agricultural community to-day who would approve, with some reservations to suit their own convenience, of an order like this : -

"Whereas it hath been represented and it appears that there is at present a Scarcity of provisions in the said Isle, and particularly of the Articles hereinafter mentioned, and that it is become necessary to prohibit the Exportation (sic) thereof for a limited time - I do therefore, by and with the advice and consent of the Council of ["and"]-Keys in Tynwald assembled order and require, and it is hereby strictly ordered and required, that from and after the 31st Day of March Instant until the 1st day of August next inclusive no person or persons whatsoever do presume to export from off this Isle any Corn, Grain, Flour, Meal, Potatoes, Poultry, or Eggs, under any pretence whatsoever, is they would avoid the penalties of Law."

Another clause provides for the publication of this proclamation in the various districts of the Island, by the High Bailiffs of the towns and the coroners of the sheadings, and enjoins the Customs officers, the High Bailiff, coroners, captains of towns and parishes, constables, lockmen, and others, to aid and assist in ihe observance thereof.

This proclamation is dated the 29th March, 1783, and follows upon a sitting of Tynwald convened upon the Governor's having received an application from "sundry of the ye inhabitants of this Isle" complaining of "the present scarcity of provisions, by the frequent exportation thereof."

A WAY OF DEALING WITH ABSCONDING DEBTORS.

There were frequent and lengthy periods in the Island's history when persons could not depart the Isle, or arrive into it either, without the sanction of the Governor. This ancient form of the passport system was not adopted in the Isle of Man solely for political reasons, but for the mercenary purpose of preventing persons from leaving the Island withont paying their debts. Even yet a creditor apprehensive of being bilked can have the debtor arrested in the act of boarding the ship, and can have him detained until he has given security for the payment of the debt. The creditor has not however, such a drastic double remedy as is disclosed in the following order: -

"Whereas by a Statute Law made in the year 1736 it is ordained and enacted that the Master, Owner, or other person having the command of any ship, vessel, or boat which shall thereafter carry any Person or Persons whomsoever from off this Isle within the Governor's Licence first had and obtained for that purpose, shall be liable not only to the Payment of all the Debts which such Person or Persons so carried off shall owe at the time of such Departure, but shall also be subject to a Fine of Ten Pounds for every such offence - And whereas complaints have been made to me that divers Losses and Inconveniences have been lately sustained from the Non-observance and Abuse of the said Law - And whereas at this particular juncture the observance thereof is become absolutely necessary, as well as for the good Government of this Isle as for the Preservation of the Properties of the People - This is therefore to give you notice that the said Law and the Penalties thereby inflicted will in future be carried into due Execution.

And you are hereby particularly Ordered and Enjoined that you do not under any Pretence carry or suffer to be carried from off this Isle in His Majesty's Pacquet Boat any person or persons whomsoever but in strict conformity and obedience to the said Law, as you shall answer the contrary at your peril.

"Given at Castle Rushen on the 15th Day of March, 1780."

"To the Master of His Majesty's Pacquet in Douglass."

A proclamation relating to the same subject, issued on the 13th November, 1779, directing the coroners of the sheading to give notice that this law is henceforth to be put strictly into execution, but adds that the public are to be noticed that the captains of the several parishes and the chief constables of the towns are the persons authorised to give "certificates"-i.e., "the Governor's licence first had and obtained"-and as such are the persons to whom application is to be made by any creditor suspecting a debtor of having an intention to depart the Isle without paying the debt.