T 1/460/87-95 - The Case of the Inhabitants of the Isle of Man.

The Isle of Man hath been for time immemorial governed by its own Laws made & enacted by the 3 Estates of the Kingdom which were composed 1st of the King or Lord - 2d of the Governor & Council & 3d of the 24 Keys or Representatives of the People. These 3 Estates formed the Legislative power & when assembled was called a Tynwald where their triple Concurrence established the Law.

36 Elizth

A Controversy arose in the Derby Family concerning the Inheritance of the Isle of Man upon the death of Earl Ferdinando without Issue Male and the matter in dispute was referred to the Lords of the Privy Council & the Judges of England who upon hearing Counsel on both sides & mature deliberation, resolved that the Isle of Man was an ancient Kingdom of itself & no part of the Kingdom of England.

7th James 1st

The King by Letters Patent granted to his people and Subjects of the Isle of Man Liberty to transfer their Rights Goods and Chattles they or any of them might have within the Island or the shore adjoining the same & his Majesty thereby declared that any Law or Custom in his Island of Man had and used for transferring of their Inheritance or possession should remain in full force & no ways be weakened by this Ordinance but that any Alienation Grant of Demise might be made agreeable to the form of the Laws in the said Island theretofore had & used as by the form thus newly constituted, - which is evidently a Recognition & Confirmation of the Insular Constitution respecting the Exercise of their Commercial Rights.

Under these Circumstances the Inhabitants of Man for many ages have been employed in various Branches of Foreign Commerce in Exporting the product of their Island & importing such Commodities as were suitable to their Wants on payment of certain Customs & Imports to their Lord which were lately Established by a Book of Rates for the Impayment of which they were liable to Seizure by the Lords Officers but not by any other Authority whatever.

Thus matters stood between the Crown of England & the Isle of Man until the year 1710 when Complaints were made by her Majesty's Offices of the Customs that great Quantities of Tobacco and other foreign goods were imported into the said Island from Great Britain & these entitled to Drawback by Debenture all or the greatest part of the Duties payable there & the same had been afterwards exported from the Isle of Man and privately carried back to Great Britain or Ireland whereby her Majesty was greatly defrauded in her Customs and other Duties Payable there & that the same had been afterwards exported from the Isle of Man and Privately carried back to great Britain or Ireland the Duties payable there & the same had been afterwards exported from the Isle of Man and privately carried back to Great Britain or Ireland whereby her Majesty was greatly defrauded in her Customs and other Duties Payable there & that the same had been afterwards exported from the Isle of Man and Privately carried back to great Britain or Ireland without Paying her Majesty's Customs & other Duties.

The Government of the Island readily expressed their Inclination to remove the Grievances complain of & passed a Law whereby all exports of Foreign Commodities from the Island to Great Britain & Ireland were prohibited under certain restrictions therein Expressed and about the same they deputed the Rt Revd Thomas then Bishop of Sodor & Man, William Seddon Esqr Attey Genl & Ewan Christian one of the 24 Keys to confer with the Commissioners of the Customs of Great Britain & Settle the manner of Preventing the illicit Trade complained of & at the same time to propose that certain favorable concessions in point of Trade should be made to the Island by Great Britain as a Compensation for the Losses the Islanders would be Subject to in consequence of the Prohibitory Law just enacted which the Commissioners of the Customs thought highly reasonable & appeared fully to consent to.

The Proposals of the Deputies were laid before the Lords of the Treasury & it was at that time generally understood and Expected that a Law would pass as well to prevent the Trade complained of as to give the Islanders somewhat in lieu thereof. But the Deputies attended this Business near eight Months at a great Expence nothing was done in consequence of such Proposal & the Inhabitants being greatly distressed by the prohibitory Act of 1711 the Legislature of the Island to prevent its total ruin passed another Law in 1713 whereby the Act of 1711 was suspended for one year then next & so from year to year afterwards or until the Freedom of Trade for the Inhabitants of the Isle with great Britain was granted as Agreed upon with the Commissioners of the Customs in London & that all persons Trading to the Island should be free from the restrictions & hardships therein mentioned during the Term & in Consequence of the suspension of that Act the Inhabitants of the Island carried on their Trade & Commerce in the same manner as they and their Ancestors had always done.

7 Geo 1st

An Act of Parliament was passed in great Britain Enacting that no Commodities of the product or Manufacture of the East Indies shoould be imported into Ireland Jersey Guernsey Alderney Sark and Man but such only as were shipped in Great Britain in Ships navigated according to Law on penalty of forfeiting Ships & Goods.

This was the first Retalitory Act of Great Britain upon the Privileges of the Island & tho no Law had by the constitution of the Island operated within the Island but such as were made therein & published upon Tynwald Hill & read aloud both in the English & Manks Language yet the Inhabitants were very Cautious to offend against the Act of the British Parliament & for some time desisted from having any concern in the Importation of East India Commodities except such as were purchased in London and forwarded under Certificate from thence to Liverpool and so shipped to the Isle of Man. And in fact no East India Commodities were Imported for some years in any other manner. But the Inhabitants of the Island having received certain Intelligence that several East India Commodities were constantly Landed in Guernsey and Jersey from Holland and that such Trade was carried on under the View of the Governor of those Islands who had their respective Commissions from his Majesty and that in Truth the said Law was found too inconvenient to be carried into Execution and was never Enforced, the Inhabitants of the Island whose Constitution & Government seemed to warrant their pretensions at least as Strongly as those of Guernsey and Jersey were induced to follow the Example of those Islands & to Deal in East India Commodities from foreign places as before nor did they for many years find themselves under any manner of Restriction on the contrary it was notorious in many Cases Vessels bound for the Isle of Man with India Goods on Board being by Stress of weather forced into the ports of Great Britain & Ireland & those detained by his Majesty's Officers were afterwards released & permitted to proceed on their destined Voyage & to Land their Cargo as usual upon paying the Regular Customs due to the Lord of the Island.

12 Geo 1 C 28

Under these Circumstances another act of Parliament was passed in Great Britain intitled An Act for the the Improvement of his Majesty's Revenues of Excise & Inland Duties whereby a General prohibition was laid upon the Importation of all Commodities from the Isle of Man into Great Britain and Ireland not of the product & Manufacture of that Island.

This Act tho very prejudicial to the Isle of Man yet had such regard to the Privileges of the Inhabitants of the Island that the prohibition Extended only to Imports from the Island into great Britain or Ireland. The people of the Island were left in the Enjoyment of their foreign Trade in its full Extent. The Lords ports remained inviolate. He was not deprived of his Customs & forfeitures & it was then conceived that without a Compensation his Rights could not be affected therefore a Clause was inserted in the last Act to Empower the Commissioners of the Treasury on behalf of his Majesty to treat and agree with the Earl of Derby and all other persons claiming under him or his Ancestors for the absolute purchase & Surrender of the Isle or Lordship of Man with all its Royalties Jurisdictions & Revenue.

Now if the powers & Jurisdictions of the Lords derived from the Crown of England were held thus Sacred & inviolable. It is Submitted where the Rights & privileges of the People were not equally to be regarded having been transmitted to them as their Birthright & Inheritance even prior to the grants made to the Lords.

A few years after the act was passed ther Isle of Man became vested in the late most Noble James Duke of Atholl as heir General of the Stanley Family on failure of heirs Male of the Earl of Derby & proposals were made to his Grace on the part of his Majesty to purchase the Island and Teritories of Man upon paying a full & adequate consideration for the same.

On the death of the late Duke in 1764 his Interest in the Isle of Man devolved upon his Nephew John the present Duke of Atholl in right of Charlotte now Duchess of Atholl and Baroness Strange (whom he had married) the Daughter & only Child of the late Duke.

The present Duke & Duchess however unwilling to part with so Ancient a principality & Honorable patrimony which had been enjoyed by the Stanley Family for near 4 Centuries acquiesed for the public Good to the proposal made them by the Government for the purchase of their Estate & Interest in the Island or such parts thereof as should be found Expedient for the public Service.

19th Febry 1765

A Bill was brought into Parliament for carrying into Execution the Contract made for the Purchase & Surrender of the Isle of Man which occasion the present Duke & Duchess of Atholl presented their Case to be heard at the Bar of the House of Comnmons wherein they particulary represented the state of their feudatory Kingdom of Man & its Government Laws & Customs with the different Acts of Parliament respecting the same. But their Graces observed that if by the Revolution of Time & the Extention of Commerce & the privilidges of the Grant were found less compatible with the Interest of Great Britain & the Proximity of the Island should be made its objection as it might be more of Convenience for the Government to take it into their own hands so it concerned the Justice & Honour of the Crown not to depreive the just Proprietors of Rights so Valuable without a full & adequate Compensation. All which it is apprehended was equally application to the Rights of the Inhabitants who meeting with many Difficulties which prevented an Application to Parliament when the Bill was in Agitation had not Opportunity to have their Claims Stated and Examined before the Conclusion of this Important affair which was to determine their future Happiness or misery.

5th Geo 3 Cap 25

This Agreement was confirmed by Act of Parliament "Intitled an Act for Carrying into Execution a Contract made persuant to the Act of Parliament of the 12th of his late Majesty King George the 1st between the Commissioners of his Majesty's Treasury and the Duke and Duchess of Athol the proprietors of the Isle of Man and their Trustees for the purchase of the said Island & its Dependencies under certain Exceptions therein particularly mentioned whereby the same became invested in the Crown by a Conveyance from the Noble proprietors without the Consent or Concurrance of the unhappy people who seemed to be Transferred as absolute Feudal property without any regard to their natural Rights immemorially enjoyed clearly Established and reperatedly confirmed.

In the same Session of Parliament another Act was passed "Intituled an Act for more Effectually preventing the mischief arising to the Revenue and Commerce of Great Britain and Ireland from the from the Illicit and Clandestine Trade to and from the Isle of Man." This unexpected Act has increased the Calamities of the people of that Island and Subjected them to the most Intolerable Grievances as will be Evident upon considering the whole Frame and provisions of the Act. It sets out with Reciting part of the Act of 7th George 1st as also that great Quantities of East India Goods were imported from Foreign parts and Landed in the Isle of Man which Goods as well as Great Quantities of Brandy and other Foreign liquors were brought from the Isle of Man and clandestinely run on Shore in Great Britain to the Great prejudice of the Revenue and Trade thereof. Therefore it was Enacted that from and after the 1st of June 1765 the Officers of his Majesty's Customs and Excise, should have the same power to visit & Search Ships and vessells in every Bay and other place belonging to the Isle of Man as they might do within the ports on the Coast of Great Britain and to seize Contraband Goods.

That India Silks Callicoes Cambricks and French Lawn should not be Exported from Great Britain to the Isle of Man on penalty of being Seized and Forfeited together with the packages.

That the Isle of Man should be included in the Bond Given on Exportation of such Goods from Britain.

That no Foreign Brandy Rum or other Sprits, should be imported into the Isle of Man, but directly from Great Britain on Forfeiture of the Goods and Vessell.

That Rum or other Spirits Shipped in America should be conditional not to be landed in the Isle of Man under the penalty of the Acts of the 12th and 25th King Charles 2d

That no foreign spirits should be Exported from the Isle of Man or carried Coastwise in Casks under 60 Gallons nor any wines Imported Exported or carried Coastwise in Casks under 25 Gallons and in Ships not less than 100 Tons on forfeiture of the Ship and Goods.

That Vessells found at Anchor or hovering on the Coast within 3 Leagues of the said Island with prohibited Goods on Board should be liable to Forfeiture together with the Goods.

That no Brandy Rum or other Spirits should be imported into Great Britain or Ireland from the Isle of Man and vessels coming from thence with Spirits or prohibited Goods on Board found hovering on the coast should be liable to Forfeiture together with the Goods

That all Seizures made pursuant to this Act might be brought to any port in Great Britain or Ireland or any port in the Isle of Man and might be prosecuted in any of his Majesty's Courts at Westminster or Dublin, the Court of Exchequer in Scotland, or any Courts to be held in his Majesty's Name in the Isle of Man at the Election of the Informer to whom every kind of Encouragement and protection was given.

That Licensed Goods found on board vessels liable to seizure should be lodged in the King's Warehouses till claimed and the Officere was indemnified.

That vessels sailing from Great Britain or Ireland for Africa or any of his Majesty's Dominions out of Great Britain should give Bond and Sureties not to take in any Goods or Stores at the Isle of Man nor out of any vessel freom thence.

That the penalties and Offences incurred by this Act should be the same as in Great Britain and might be tried in any County within Great Britain or Ireland or any Courts to be held by his Majesty's Authority in the Isle of Man.

In case any prosecution should be commenced in any Courts of Great Britain or Ireland, the like process mightr issue as if the Offence had therein committed and the Offenders be obliged to appear to such process either in Great Britain or Ireland to answer the Complaint.

That Witnesses served with process in the Isle of Man should also be compelled to appear at the Courts of Great Britain and Ireland to give evidence and under the same Penalties as if such Process had been served in Great Britain or Ireland.

And a large Penalty was lain upon any person Insuring the Fraudulent Conveyance of Goods to or from the Isle of Man.

The Trade of the Isle of Man had been publickly represented to be of that consequence as to be a loss to the Revenue of Great Britain of £350,000 p ann and that the Interior Commerce of the Island was of no less serious consequence to the Revenue of Excise although by those Representations the Interior Trade of the Island appeared to consist only of the Brewery, Tannary and a small Manufacture of Tobacco.

These Exaggerated and Inflaming Reports and Representations passing for want of opportunity to contradict them, uncontroverted upon the Publick were the Sourse at least they contributed much to the severity of this Law.

But whatever gave occasion to the Law the effects of it and as manifest as they are fatal. It has not only deprived the people of this Island of their ancient privileges both in Constitution and Commerce, But has reduced many thousand Protestants resident therein either to starve and perish upon their ancient possessions or seek for protection in foreign countrys like other distressed Emigrants. It is submitted how far the purchase of the Island from the Duke and Duchess of Athol ought in strict Justice to affect the Libertys and privileges of the Inhabitants for the late noble proprietors tho' they might undoubtedly Transfer their Sovreignity and Dominion of the Island could not surely Transfer the people with their Rights, Properties, Freedom and privileges. They humbly submit that they have by the late Transaction only changed Masters and that they ought still to enjoy their Rights and privileges in the same manner they did before. But since it is found Expedient for the Benefit of Great Britain to restrain them in their former Trade & Commerce they hope it may be Deemed a reasonable Indulgence in point of Humanity, should it be thought Improper to call it a Compensation in point of Justice that some Immunities and priviledges in Commerce which nature points out, may be granted them that they may be enabled to live in their Native Country which tho poor they still retain an affection for and not be forced to seek their Bread in a Strange Land.

When the Inhabitants of the Isle of Man were expressly prohibited the Exportation of Foreign Merchandize into Great Britain & Ireland & were virtually prohibited by High Duties from exporting the product of their own Island into Great Britain the natives of Man Traded with foreign Countries in Importing Goods and Merchandries to the Island on payment of certain Duties to the Lord which were Imposed thereon by the Laws of the Isle and according to the Constitution thereof would not be altered without the Consent of the people.

The Exportation of Rum from any of the British Colonies in America to the Isle of to Man had been always Authorized by his Majesty's Pricipal Officers respectively resident in those Colonies and by a Coquet from the sevl Custom houses Established there, In all which Instances the Inhabitants of the Isle of Man were of opinion that the Importers of Rum into that Island were naturally and legally Impowered and Authorized to make such Importation without being responsible or Subject to any Extraneous Jurisdiction or Authority.

The Importation of Wines or Brandy from France, Spain or other places into the Isle of Man had been at all times permitted by the Government of Great Britain & this Trade was carried on by the Inhabitants of the Island as derived to them by their antient Constitution.

If the Inhabitants of the Isle of Man had had an opportunity to plead their Cause they could have laid before the Parliament of Great Britain such a Clear & Indisputable Evidence of their Antient Rights & Priviledges with respect to Trade as well as of their Innocence with respect to the principal Mischief then Complained of as they flattered themselves would have intitled them to some favour from that August Assembly & in Case the utility of the Law to the Interest of Great Britain should have overborn such considerations of that Kind yet when the fatal Consequences to the Island had been pointed out & represented with that strength which the Importance of them would have required they would at least have been warrented to hope for some concessions & Indulgencies that might have softened the Rigour of the Law without interfereing with its main design & object.

They think it needless as perhaps it might be thought presumptious to Comment upon the several Clauses of the Law as it now stands. It is with all respect Submitted their Severity so unexampled & they having imposed a Buthen upon the people which they would bear with resignation if Duty to their Soverign & attachment to their native soil could make men live without liberty fortune Comfort or Hope.

Experience hath already showed the reality of these Evils in all the Trading Towns of the Island the Rents of Houses have already fallen two thirds of their former Value, great Numbers of them have been abandoned by the Desertion of the Inhabitants who have Transported themselves to Foreign parts & many Families that still remain are daily falling to Decay and Poverty.

The same event may be naturally & is continually expected with regard to Land. The Rents of which must decrease in Proportion to the diminished value of their Produce & upon the whole from a prospect of Cultivation & some approach towards opulence the whole Island unless relieved by the Compassion of the British Legislature must gradually become a Dessert.

For Prevention whereof the Inhabitants of the Isle of Man are willing to hope that their Case be Commiserated by the Legislature of Great Britain & that they may be indulged with some Privileges in Trade & Commerce.

Notes

I have, for the ease of comprehension, expanded the many scribal contractions though left the majority of the somewhat erratic capitalisation.