No. VIII.

DOCUMENTS of the LiEUT.-GOVERNOR, DEEMSTERS, and KEYS respecting the Mode of Trial, etc., of WILLIAM CHRISTIAN.

To ye 24 Keys.

I desire yo' advice & assistance whether (upon the examinacons taken and reade before you) you find Mr. Wm.Christian of Ronoldsway wthin compass of the Statute of ye year 1422 that is to receive a sentance without quest or to be tryed according to Ordinarye Corse of Tryall for life and death in this country.

To be w"'in ye Compass To be tryed by ye Gorse of

of ye Statute we subscribe. Tryall for life and death by

Quest ye fact or crime laid to his charge being treason we Jo. GARRETT, Subscribe and yl the Enquest Jo. NORRIS.

both petty and Grand Jury be

Txo. MOORS.

the one half Garrison Men.

JOHN STANDISH. JOHN FARGITER. THO. CAINE.

ROBT. QUAYLE. THo. FFLETCHER. ROBT. STEVENSSON.

WM. CORLETT. ROBT. CALLCOTT. JAMES MOORS.

WM. QUAILS. THo. RATCLIFFE. ED. CHRISTIAN.

THo. BANKES. CHARLES STANLEY. that he have an inquest for the facts by him.

...

Accordinge to y^e Advice & assistance given by soe many of y^e 24 Keyes as were now p'sent, we declare that y' wthin named M'- W` Christian is to be tryed by y^e enquest, as wthin written.

At Castletown y' 13' of JOHN CHRISTIAN.

9"' 1662. THO. NORRIs. INDICTMENT, Nov. 13, 1662.

Inquisie Capt. apud Castr. de Rushen xiiijs die Novemb' Anno Domini 1662 in p'sena Robt. Callcott Coron' legatus Rushen Sheading in plena curia Cora Rich. Stevenson Armiger dep. Locu tent hujus IDs-ul et Recept Johan Christian et Thom. Norres Justicar et omn. Officiar ibm p'sent sup Sacramt sex legall homins, viz., Richard Halsall Peter Robinson et Robt. Shymin Milit, Willm. Wattleworth Thom. Clarke et John Cottier de Arch Sct Lupi husbandmen Jurat Qui die sup Jurat ut requit, viz., That they the said Jurors doe find by severall deposicons proofes & evidences William Christian late of Ranoldsway gentt to be a traitor for his insurrection & treacherie against the right hon" the Countesse Dowager of Derby at such tyme as her Lapp was in the yeare 1651 fully intrusted and ympowered wth the State and Government of this Isle of Mann in the absence of the right honobl James Late Earle of Derby Lord of y^e said Isle, at which tyme the said Willm. Christian assumed the power unto himself in becominge y^e head of y^e said insurreccon, & deprivinge his Lopp and his Lopp & heyres thereof by yt means, And therefore the said Jurors doe Indite him yr s^d William Christian of Treason.

GAOL DELIVERY, Nov. 26, 16 6 2.

Cur gaol deliburis tent apud Castr. de Rushen vicessim sexto die Novembr Ano Domini 1662; Cora Richard Stevenson Armiger deput Locu ; tent hujus Iusul Thom. Norris Judie Rich. Tyldesley Comptroll et Cler Rotul Rich. Calcott Aquaballe Hugon Cannell Atturnatus dni et all ofliciar tune et ibm p sentibus.

Noia Jurat impanell ad Note.-The Prisoner refused to abide his inquired de felon de tryall at Barr according to the law and Treason et all malefact custome of the country therefore noe ut sequit. occasion to ympannell a Jury.

Ad hane cur venit Gulielm Christiann nap de Raynolds-way generos Indict de Treason p sacramt sex legal homin in presen Coron leg Rushen Sheading Cora deput Locu tent Justic et tot cur ut in hoc libso ante pat unde p". Willm Christian Commiss fait infra Castr prd' et ab inde ductus est ad hane cur.

Mm- That the style of the Court and this formQ for to receyve his tryall uppon arraignint being drawne accordinge to usuall Custome, in expectacon of the pson's appearance att the bar, Captayne Henry Nowell Governor of the sd Castle in whose custodie and charge the said prisoner remayneth, being together wth Mr. Hugh Cannell the Lords Atturney Comanded by the Court with a guard of soldiers to require him to the Barr to receyve his tryall, hee refused and denyed to come to abide the Law, whereuppon the deputie Govr demandinge the Law of the Deemster Norris who then sate in judicacon (Deemster John Christian having not appeared, & Mr Edward Christian his sone and assistant having also forborne to sitt in this Court) he the said Deemster Norris craved the advise & assistance of the 24 Keyes then prsent (uppon psepts for their conveininge least there should bee any obstruccon in the proceedinge) which was granted in order to antient custome in this Isle uppon or in doubtfull cases, whereuppon the said Deemster & 24 Keyes have deemed the law therein, to witt that the said Willm Christian is att the mercy of the Lord of the Isle for liffe and goods, as by the annexed may appeare.

Mr. DEEMSTER NORRIS.

The proposicon referred to the consideracon of your Selfe and the gentlemen of, the 24 Keyes now called to your assistance, is this, To declare under your hands, what the lawe deemes against any pson indited for any maner of cryme of what nature soever and refuseth or denyeth to come to the barr, for to receive his tryall or abide the law of yr Islande. RICH. STEVENSON.

26th Nov. 1662.

The Law in this case deemes such a pson to be in y^e Mercy of ye Lord for life & Goods, as we finde by ancient Records.

Castle Rushen, 29th December 1662, Proposalls to the Deemsters & 24 Keyes of y^e Isle now assembled to be answered in point of Law.

Any malefactor (of what nature soever his cryme bee) being Indited and afterwards when Lee should come to his tryall by arraynmt, denieth to abide y^e law of y^e countrey in that course (notwithstanding any argument or plea Lee cane make or offer for himselfe) And thereuppon deemed to forfeit body & goods at ye Lords pleasure, whether or noe may such a malefactor bee admitted or ought to obtaine y^e same benefitt of tryall afterwards by a grand Jurey for life & death ?

In case such a malefactor may not have y^e after benefitt or admittance of tryall, whether may or ought not y^e Deemsters or y^e one of them as propper to their places, Pronounce Sentence of death against y^e pson in such maner as y^e gilt or crime whereuppon Lee was soe indited de-meriteth accordinge to the nature and qualitie of itt ?

If such a sentence (ye case considered as before) be not legall or formall to bee given for want of tryall & verdict by a grand jury, Then after what maner & and in what place, must or ought ye same properly be denounced or declared ?

Whether is y^e prerogative of y^e Lord of this Isle by his laws & constitucons, sufficient and warrantable for y^e Deemsters only or y^e one of them to give sentence of death against such a malefactor upon his deuiall, refusall or contempt of the Laws in maner as abovesaid, And in what place and after what maner ought or should ye same bee pronounced as afforesaid ?

If y^e Deemsters doe not pronunce sentence of law against such a mallafactor, then by whome is the same to be done & in what rnaner. HEN. NOWELL.

Att Castle Rushen this 29th of Decembr 1662. In humble obedience & observance to y^e annexed pro-posicons wee declare our opinions & Judgmts therein & thereunto in point of law as followeth.

1. To y^e first wee answer that any malefactor onc't indited and afterwards refusinge or denyinge y^e law by not apearinge at y^e barr to receive his tryall by arraignmt may not be admitted or ought not to obtayne y^e same benefitt of tryall afterwards except it bee by the spetiall favour of y^e Lord of this Isle;

2, 3, 4, 5. To these propositions wee answre in Gedall maner, That any malefactor refusinge or denyinge the law as afforesaid & therefore deemed to bee at y^e Lord's mercy for body and goods at his honors pleasure, is to receive his doome & sentence for life or death as pleaseth the Govrnr or Deputy Govrnr of this Isle to order such a malefactor unto, both for y^e maner & place & hould the same properly to bee pronounced by the Deemsters or the one of them in due obedience of such his honors or Govrnrs or Deputy Govrnrs pleasure, and that a sentence soe pro-nounced is authenticke, & firme in law in order to his honors prrogatives in this Isle.

ORDER for the REMOVAL of SEVEN of the KEYS. 29th Decemb. 1662, at Castle Rushen. These of y^e 24 Keyes are removed of yt company in reference to my hon ble lords Order in yt behalfe, viz. Mr. Edw. Christian, Ewan Curghie, Sam. Radcliffe, Dollin Clarke, W^m. Gawne, Jo. Cayne & ferd Lace,' for whose places are sovorne Capt. Tho. Woods of K German, W^m. Cayne, Ballagawne in KK Michaell, W^m. Xtin als Jo. Aig in K Bryde, Capt. Jo. Moore of y^e How in K Santon, Jo. Taubman Bowlingreene in K Malew, Tho. Huddlestone Jun" of Ballacott in yt Pish., W^m. Curleod, Clannagh, Trinit. Ayre. And in y^e place of M" W` Quayle who now is svorne Atturney, there is placed Lieut. Tho. Huddlestone of Douglas, and soe y^e number stands thus,-

The 24 Keyes.

1 These 7 Keys, here removed by order of the then Earl of Derby, it will be remembered from the evidence herein set forth, took an active part in the rising of the Country in 1651, and against the Lady of Man, and in favour of the English Commonwealth.