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

CHAPTER XXIII.

THE MANNER OF THEIR PLEADING IN YE ISLE OF MAN, AND GOVERNING OF APPEALS.

MR. CAMBDEN and John Speed have made a true relation of y^e Isle of Man in one pticular, wherein they write y^t one comodity maketh this Island happyer than wee are here (in England, for y^e people there are free from unnecessary commencem^ts of suites, from long and dilatory pleas, and from frivolous feeing of lawyers, proctors, and attorneys ; noe judge or clearke of court take there one penny of money for drawing instrum^ts or for making processes ; all controversyes are then ended wthout writing or other charges. All ye Lord Cooke expresseth ; in short, all controversyes they deter-mine wthout process, each party pleading viva voce, wthout writing, or any charge, or any expence at all.

I suppose y^t it concerned those pticulers only y^t mooved y^e said Lord Cooke to say y^e lawes and jurisdictions here (in ye Isle of Man) are such y^e like whereof are not to be found in any place ; but here in his Lp. is much mistaken. He certainely was a greater reader of records, and had read and pused many antiquityes wch concerned o^r kingdome of Brittany, but little and few of forreigne bookes or businesses. The pticuler he mentioneth (yt every one should plead his owne cause) hath been long y^e bole and utinam of many in 0r European part of y^e world, but was never put in practise but in a few pticuler places, w^ch continued not long, as in Lacedemonia by Lucurgus, and by Roger their king who brought it into Naples, and, if I bee not mistaken, in Damaer, in Arabia, and y^t y^e brotherhood of the Rosen Cross did promise to have introduced into all parts of Europe.

Sr Thomas Moore having been himselfe a lawyer of Lincoln’s Inn, in y^t commonwealth, he writt seemeth to insinuate y^t y^e pleaders of y^e law (in any court) are needless, and y^e profession superfluous, for in his Utopia he held it most fitt and meet y^t every man should plead his owne cause and relate unto the judge the same he would have told unto y^e man of law.

Octavio Pisano, an Italian gentleman, hath written a booke of ye same subject, and published in five languages. It was told me y^t one of those books was p’sented to Mr Pimm in y^e beginning of ye late Long Parliam^t, and by him it was much applauded (myselfe have an Italian printed coppy thereof).’

This manner in pleading viva voce w^thout a lawyer is not practised at this day in any part of Europe, but only in y^e Isle of Man, but in all other parts of y^e world they have no other form of pleading than this.

At Ffes, in Barbary, Cleanard writeth, they have noe obstreperous lawyers or advocates ; if any controversyes arise amongst them, both plaintiff and defendant repair to their alphakin (yt is to their chief judge), and at once, wthout further appeale or languashing dilatoryes, y^e cause is heard and decided.

The same is practised in Cochin-China, as you may read in y^e booke of Cochin-China Rarityes, published by Robt. Ashley,2 printed anno 1633, and are sold at y^e hill, in Little Brittaine.

At Pegu suits in law are soon decided, for if a man be at difference wtl~ his neighbor y^e first danwber or justice they appeal to decide it upon y^e place.3

1 Printed at Antwerp.

. 2 Ch. 6. ~ Vincent le Blanc his Travels, part i c. 28, p. 121.

At Madrogan, y^e chief towne of Monomatapa, in Africa, there are no prisons, because all niatters of justice are finally concluded upon ye place.

The same forme is likewise observed both in Bantam and Allepo and Kaguse, as o’ merchts will informe you, and is all-soe averred by others.’

Moreover, y^e same form is observed in all y^e vast dominions of ye great Moguhl, as appeareth by y^e booke intitled, News from India ; or, A Voyage to Bengala,2 written by wm. Beverton, our merchants’ factor there.

By all w^ch you may observe y^t 0r formallityes of bill and answer, rejoynders, replications, and many such meer dilatoryes, etc., are not to be found in use but in Europe only. Asia and Aphrica never knew ym , no, nor wherein any part of America, unless brought into Mexico, etc., by y^e Spaniards, nor into any part of y^e universe but where y^e civill law hath been received ; as for o^r common law, it is only practised in England, and bounded infra quatuor maria ; and, by John Speed’s observation, our common law now in use was never known in England untill William y^e Conqueror imposed upon us his Norman processes, for, as it is observed, y^e intro-duction of ye civill law was y^e corruption of y^e common law in o^r Island of England. The plaintiff and defendant having thus in their courts pleaded viva voce, ye one against y^e other, y^e governor (if ye case seem difficult, or otherwise, at his pleasure) may command either or both of y^e deemsters, soe likewise may they command y^e 24 keys of y^e Island to assist him or them, and a sentence of judgm^t thus given in court is cothonly definitive, for seldonie hath there been seen y^t any appeal hath been made out of y^e Island unto y^e lord of y^e Island. Yet it should seem by M^r Chaloner that it hath fallen out of late. But certainly a Manksman may not only appeal to y^e lord of y^e Island, but from him alsoe he may appeal to y^e King of England, wherein I am warranted by y^e L. Cooke,’ this Isle being in y^e king’s hands, if any injustice or injuryes were done to any of his subjects, then y^e king might grant a cothission for redress thereof.

1 Burton’s Anatomy of Melancholy, p. 52. 2 Printed 1638.

The like whereof wee finde by a record wch he there setteth downe, and (now I finde it fitt to insert) for y^e better satisfaction of those y^t may have use of it

" Rex dilectis et fidelibus suis Nicholao de Segrave Seniore Osber de Spaldington et Johanni de Southwell 2 salutem sciatis quod assignavimus vos justiciarios nostros ad querelas omnium et singulorum de Insula de Man se con-queri volentil de quibus, ‘cumque transgressionibus et injuriis per quoscumque tam Baltinos et ministros nostros quam alias de pdicta insula illatis audiend. terminandum et ad plenam et celerem justicia partibus inde facientibus secundum legem et consuetudinem partium illarum et ideo vobis mandam. quod ad certos dies et loca quos, etc., insula predicta querelas, etc., audiatis et terminatis in forma prædicta facture, etc., salvis, et insula p’dicta venire fac coram vobis tot, et tails, etc., in avi et cujus, etc., testorege. Apud Barwick decimo quinto die Julii."

Soe there alsoe y^t y^e Lord Cooke addeth these words,— yt albeit y^e king’s writt runneth not into y^e Island of Man, yet y^e king’s cornission extendeth thither for redress of in-justice and wrong, but y^e commissioners must proceed according to ye law and justice of y^e Island. Besides, I see no reason (wtI~out a commission) why y^e islanders of Man may not immediately (at this day) make appeals to His Majesty as well as y^e inhabitants of y^e Islands of Gurnsey and Jersey did in y^e time of Oliver CromweÌl, w" Or pubhick Intelhigencer hath they published,³ y^t his higness and his councell have setled 6 comissioners (who are there named), and two or more of them are impowered to receive all such appeals as are made to his higness and y^e councell by y^e in-habitants and natives of y^e Islands of Gurnsey and Jersey from judgm^ts given in ye courts there, and to hear y^e party’s therein concerned ; and after satisfaction given touching ye truth of y^e matter conteyned in such appeales, or y^e answers thereunto, to state y^e cases, and report from time to time their opinion to y^e councell.

1 Instit. , part 4, c. 69. 2 Rot. de patt., anno 20 Edward I.

3 Anno 1628, April 24.—[Supposed to be written about 1648.—Editor.]