[From Manx Soc, vol. 26]

No. XXV.

STATE PAPERS-DOMESTIC.

Charles II., Vol. lxxv. No. 92.

Orders in Council respecting William Christian's Case and Others.

At the Court at Whitehall the 5th of August 1663. George Christian son and heir of William Christian deceased having exhibited his Complaint to His Majesty in Council That his Father being at a house of his in His Majesties Isle of Man was imprisoned by certain persons of that Island pretending themselves to a Court of Justice That he was by them accused of High Treason pretended to be committed against the Countess Dowager of Derby in the year 1651 And that they thereupon proceeded to Judgement and caused him to be put to death notwithstanding the Act of General Pardon and Indempnity (whereof he claimed the benefit) and his Appeal to His Majesty and humbly imploring His Majestie's princely compassion towards the distressed widow and seven fatherless children of the deceased, His Majesty was graciously pleased with the Advice of His Council to Order That Thomas Norris and Hugh Cannell the two Judges (by them in that Island called Deemsters) and Richard Stevenson Robert Colcott and Richard Tildesley three of the Members of the pretended Court of Justice and Henry Nowell Deputy Governour of the said Island should be forthwith sent for and brought up by a Sergeant at Arms here before His Majesty in Council to appear and answer to such accusations as should be exhibited against them, which said six persons being accordingly brought hither the fifteenth day of July last appointed for a full hearing of the whole business the Earl of Derby then also summoned to appear and the Lord Chief Justice of the King's Bench and the Lord Chief Baron of His Majesties Exchequer with the King's Counsel learned in the Lawes required to be present and all parties called in with their Counsel and Witnesses After full hearing of the whole matter on both sides and the parties withdrawn the said Judges being desired to deliver their opinion did (in presence of the King's Counsel Learned in the Lawes) declare, That the Act of General Pardon and Indempnity did and ought to be understood to extend into the Isle of Man as well as into any other of His Majesty's Dominions and Plantations beyond the Seas And that being a Publique General Act of Parliament it ought to have been taken notice of by the Judges in the Isle of Man although it had not been pleaded and although there were no Proclamation made thereof His Majesty being therefore deeply sensible of this great violation of His Act of General Pardon whereof His Majesty hath always been very tender and doth expect and require that all His Subjects in all His Dominions and Plantations shall enjoy the full benefit and advantage of the same And having this day taken this business into further consideration and all parties called in and heard did by and with the Advice of the Council Order and it is hereby Ordered That all persons anyway concerned in the seisure of the Estate of the said William Christian deceased or instrumental in the Ejection of the Widow and Children out of their houses and fortune do take care that intire Restitution be made of all the said Estate as well real as personal as also all damages sustained with full satisfaction for all profits by them received since the said Estate hath been in their hands And that Whereas the said William Christian deceased was one of the two lives remaining in an Estate in Lancashire That the detriment accrewing by the untimely death of the said William Christian therein or in like cases shall be estimated and in like manner fully repaired That in regard of the great trouble and charges the Complaynants have been at in pursuit of this business Ordered That they do exhibit to this Board a true Accompt upon Oath of all Expenses and Damages by them sustained in the Journeys of themselves and Witnesses and of all other their Charges in the following of this business.

And whereas Ewan Curghey Samuel Radcliffe and John Cesar were by the same Court of Justice imprisoned and had their Estates seised and confiscated without any legal Trial It is ordered That the said Ewan Curghey Samuel Radcliffe and John Cesar be likewise restored to all their estates real and personal and fully repaired in all the Charges and Expences which they have been at since their first Imprisonment as well in the prosecution of this business or in their Journey thither or in any other way whatsoever thereunto relating the which Satisfaction Expences and all other sums of money to be raised by vertue of this Order are to be furnished by the Deemsters Members and Assistants of the said Court of Justice who are hereby Ordered to raise all such the said sums and thereof to make due payment and give full satisfaction unto the parties hereby appointed to receive it.

And to the end the guilt of that Blood which hath been unjustly spilt may in some sort be expiated and His Majesty receive some kind of satisfaction for the untimely loss of a Subject It is Ordered That the said Thomas Norris and Hugh Cannell who decreed this violent death be committed and remain Prisoners in the King's Bench to be proceeded against in the ordinary course of Justice so to receive condign punishment according to the merit of so heinous a fact.

That Richard Stevenson Robert Collcott and Richard Tildesley be discharged from farther Restraint giving good security to appear at this Board whensoever summoned and not depart this city until full satisfaction shall be given and all Orders of this Board whatsoever relating to this business fully executed in the Island.

And in regard that upon the Examination of this business it doth appear That Edward Christian being one of the Deemsters or Judges in the Isle of Man did when the Court refused to admit of the deceased William Christian's Plea of the Act of Indempnity make his Protestation against their Illegal Proceedings and did withdraw himself and came into England to sollicite His Majesty and implore his Justice It is Ordered That the Earl of Derby do forthwith by Commission in due and accustomed manner restore constitute and appoint the said Edward Christian one of the Deemsters or Judges of the said Island so to remain and continue in the due execution of the said place.

And lastly It is Ordered That the said Henry Nowell Deputy Governour (whose fault hath been the not complying with, and yielding due obedience to the Orders of His Majesty and this Board sent into the Island) giving good security to appear at this Board whensoever summoned be forthwith discharged from all farther Restraint and permitted to return into the Island and he is hereby strictly commanded to imploy the Power and Authority which by virtue of his Commission he hath in that Island in performance of and obedience to all Commands and Orders of His Majesty and this Board in this whole business or anyway relating thereunto.

Signed by

Any comments, errors or omissions gratefully received The Editor HTML Transcription © F.Coakley , 2002