[From Manx Soc vols 25+28 - Blundell's History]

CHAPTER XXII.

CONCERNING YE COURTS OF JUSTICE ; CITATIONS TO APPEAR AND ANSWER, IN YE ISLE OF MAN.

CONCERNING y^e Courts of Justice kept in y^e Isle of Man ; they have diverse, w^ch may all be reduced into three heads, for either they are their customary courts, common law courts, or spiritual courts. Their customary courts, which are commonly called the sheeding courts, are of y^e nature of o’ court leets in England. Their common law courts are of y^e nature of Or court barons. Concerning those of spirituall courts, I shall speak of y^m in y^e 3d booke of this history ; neither shall I much insist on either of y^e two later, only, in generall, I shall give you an acct. of their names and number, omitting to set downe pticularly wth w^ch formalityes they are observed, how, and by whome ordered, their judgm^ts and sentences executed, etc., for this belongeth to y^e practicall part of their legall proceedings, w^ch is no part of my undrtaking, and besides, is already exactly set forth in M^r Chaloner’s (late published) description of y^e Isle of Man.

The principall court of all y^e Island (in my opinion) is y^t ~ they call a Tinwald, of ~ I shall have occasion to speak more at large in the chapter subsequent (ch. xxiv.)

The next is w" their tearmes wth they call their sheeding courts, of ~ I have spoken in y^e chapter p"sedent.

The third is y^t which they call their head court, w± is their court of gaol delivery, w^ch is always kept in y^t Island twice in ye year, vizt. on y^e Munday immediately following

after y^e sheeding courts are ended ; this court doth in nothing differ from 0r assizes, except in two particulars.

The first is y^t here (from all antiquity), some of y^e clergy must be p’~sent and assist at this court (ye byshop of the Island was used to sit there in former time), and y^e evidence given against a delinquent was taken by spirituall officers, and by them certifyed to ye ten~porall court, by and upon y^e oaths of 12 jurors, and of ye chapter quests and side men of the several parishes ; and after this ye jury of life and death at y^e court of gaol delivery, passeth upon ye party as upon other felons. Yet, notwthstanding, these spirituall assistants must not bee present w11 any sentence of death is pronounced.

( And this I found in their customary lawes), for wn y^e jury of life and death are ready to give their verdict, they, comeing againe before y^e court, y^e deemster asketh ym if y^e 1 may sitt there or not whilest they deliver their verdict ; if any of y^e prisoners at ye barr be by them found guilty, as y^t by y^e law they are to dye, ye jury saith y^e bald-pates may not sitt, then all those of y^e clergy (who have been all y^e time before in court) must depart y^e court whilst y^e verdict is delivered, and judgm^t pronounced by ye deemster.

The second pticular is y^t (in this Island) no malefactor ~guilty of having killed other men) shall have y^e previledge of clergy, or benefitt to plead chance medly, for here he is not allowed his booke, soe as if he be found guilty, he cannot be saved but by y^e lord of the Island’s grace.

Now, concerning y^e putting to death of malefactors and condemned psons, I finde by their customary lawes this amongst y^e rest, noe execution of any malefactor shall be done in y^e Passion weeke, y^t is between Palme Sunday and Easter weeke and day ; a pious practised custome, herein, in part, imitating y^e primitive times, for Theodotius y^e Elder, amino

1 The words in the original, well are here translated bald-pates, are more

properly the men of the chancel.

389, forbad y^e examination of all criminall causes in y^e Lent, and pticularly any executions of death, because it was a time to free soules from punishm^t~ by devotion, y^t y^e people might attend more seriously to their devotion.

Now, besides these three courts before mentioned, they have another, w^ch they call the excheq’ ; another called y^e chancery court, of both w^ch I had occasion to mention before ; they have, besides all these, another court, w^ch they call a court of debet, w^ch is a court for assessing and mittigating of all fines of all ye courts, both spirituall and temporafl, for y^e whole year ; for those few, M~ Chaloner, ubi supra.

Here they have no use of subpenas ; nor of any writs of w^ch nature soever, to suffion y^e adverse party in any of their courts (either customary or common law) ; a token (as they tearme it) serves ye turne, either from y^e governor (in cases of y^e chancery), or from either of y^e deemsters (in cases of y^e common law), w^ch is thus procured : The plaintiff cometh to y^e controwler and entreth his complaint, and thereof taketh a coppy and sheweth it to y^e governor or deemster, either of ym taketh up a piece of blue slate (wch there are obvious enough, even everywhere, in any part of y^e Island), and upon y^t slate he scrapeth or maketh w^ch marke he pleaseth, and this stone, soe marked, is called a token, w^ch being given to ye plaintiff, he delivereth it to y^e coroner of y^e place where ye defendant dwelleth or resideth, w^ch y^e defendant haveing reed, he is bound both to appeare, answer, and to pro-duce witnesses, etc.

I doe not finde any of y^e lord’s officers can give a token, but only y^e governor or deemster; notwtitstanding ye receiver-generall, whn y^e moores have been negligent, and are not committed for not gathering of y^e lord’s rents, his token to ye constable of a castle doth commd a soldier to fetch in y^e tenant who is behind in paying of his rent. Notwthstanding, if y^e defendant (to whome y^e token was shewed) doe not appear, he may have y^e first and second attach,nt, and after y^t a soldier bringeth him to y^e governor (whome to resist is forfeture of body and goods, if he be a native and not a stranger).

But their customary law permitteth ym y^t jf it soe fall out y^t if any man have cause of complaint against another, and doe finde his adversary prsent in y^e court (whilst the court is sitting), he may take his adversary by y^e arme and bring him before y^e governor, and set his foott upon y^e adversarye’s foott, and he may then there implead him, although he had never before suthoned or cited him wth y^e formality of y^e token aforesaid.

This setting of y^e plaintiff’s foott upon y^e defendant’s foott, whence it had its first beginning I know not ; but I finde it in another case to have been a very ancient ceremony practised in ye Isle of Man, but very superstitiously ; for both Ranolfe’ of Chester, and Caxton in his description of England, have written y^t in ye Island of Man, offtentimes in y^e day-time, y^e Islanders did see men y^t had been deade, either without y^e head, or the body entire, and w^t manner of death they died ; but aliens (strangers) to see this sight were to get their foott upon y^e foott of a Manksman, or otherwise they could not see the sights y^t y^e natives then did see.

Albert Magus hath such another idle way to uncFstand y^e chirping of birds, w^ch I thinke not fitt to write, but he saith to make another to understand y^m you must kiss y^e party, and he shall understand them as well as you.

‘ Policron. 1. 1, C. 44, ch. 6.