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ESTABLISHED IN THE YEAR
MDCCCLVIII.
VOL. XII.
DOUGLAS, ISLE OP MAN :
PRINTED FOR THE MANX SOCIETY.
MDCCCLXVI.
Ptesibent.
His Excellency the Lietttenant-Goveenob.
Uice^Prcsilfntts.
The Hon. and Right Rev. Hoeace, Lord Bishop of Sodor and Man.
The Honourable Chables Hope.
James Gell, H.M.'s Attorney-General of the Isle of Man.
RiDQWAY Haeeison, "Water-Baillflf.
The Venerable Jos. C. Mooee, Archdeacon.
BiCHAED Jebb, Vicar-General.
RiCHAED QxjiEK, H.M.'s Receiver-General.
Ebwabd M. Gawne, Speaker of the House of Keys.
Laweence Adamson, H.M.'s Seneschal.
W. W. Christian.
Aleeed W. Adams, Advocate, Springfield.
L. W. Adamsok, Advocate, Ballabroole.
William Callistee, Thomhill, Ramsey.
G. W. DuMBEXi, Belmont.
Wm. Faeeant, Ballamoar, Jurby.
Ed. Cuephey Faeeant, Ballakillinghan.
P. L. Gaeeett, Douglas.
J. S. GoLDiE Taubman, The Nunnery.
William Gell, Douglas.
Rev. Wm. Gill, Vicar of Malew.
Samuel Haeeis, High Bailiff of Douglas.
Wm. Haeeison, Rockmount.
John M. Jeffcott, High Bailiff of Castletown.
Rev. Joshua Jones, D.C.L., Principal of King William's College.
Rev. W. Keemode, Incumbent of St. Paul's, Ramsey.
William Knbale, Douglas.
Rev. W. Mackenzie, Strathallan Park.
RoBEET J. Mooee, High Bailiflf of Peel.
Wm. Fine Mooee, Cronkboume.
Rev. S. Simpson, M.A., of St. Thomas's, Douglas.
H. B. Watts, Douglas.
^Treasurer.
Paul Beedson, Douglas.
?^0n. Secretarteg.
Paul Beedson, Douglas.
J. R. Olitee, M.D., Douglas
N.B.— Members at a distance are (as heretofore) requested to acknowledge
their Copies to the Honorary Secretary and Treasurer, Mr. Paui BBiBSOir,
6, Woodboame Square, to whom also their Subscriptiona can be remitted.
AN ABSTRACT
LAWS, CUSTOMS, AND ORDINANCES
|sU oi glan:
COMPILED
By JOHN PARR. Esq.,
Formerly one of the Deemsters of the Island.
VOL. I.
EDITED, WITH NOTES, BY
ATTOENEY-GENEEAL OF THE ISLE OF MAN.
DOUGLAS:
PRINTED FOR THE MANX SOCIETY.
MDOOCLXVII.
Printed by Harriet Cubphet,
The MANX SUN Office, Douglas,
Isle of Man.
CONTENTS OF VOL. I.
IHTEODtrCTIOir
:Pagt
Dedication to William, 9th Earl of Derby ... ... ... 1
„ Governor Haywood ... ... ... ... 3
The supposed true Chronicle of the Isle of Man ... ... ... 6
Notes : —
Seel. Mannan Mac-Lear ... ... ... ... ... 9
„ 2. Rule of Bishops, or of Welsh race of Kings ... ... ... 11
„ 3. King Orry and Danish race of Kings ... ... ... 11
Table of Kings of race of Goddard Crovan ... ... ... 12
King Reginald's surrender to the Pope ... ... ... 13
Calvin's c2Lse ... ... ... ... ... 14
Cession by King Magnus to Scotland ... ... ... 15
Manx people seek protection of England ... .,. ... 16
Order of Edward I. to Walter Huntercombe ... ... 16
4. Conquest by Alexander III. of Scotland ... ... ... 17
5. Claim of John Waldeboof, as heir to Mary, daughter to King Reginald 17
„ Claim of Aufrica, sister of King JIagnus ... ... ... 18
6. Grants by Edward II. of England, &c. ... ... ... 19
„ Grant to Henry de Bello Monte ... ... ... ... 20
7. Grant by King Robert Bruce to Earl of Moray ... ... 20
8. Reign of the Montacutes ... ... ... .., 21
Vlll CONTENTS.
Fage
Sec. 8. Qrant to Sir William Montacute II. ... ... ... 22
„ 9. Purchase by Sir William Scroop ... ... ... ... 22
„ 10. His character and death ... ... ... ... 23
„ 11. Grant by Henry IV. to Earl of Northumberland ... ... 23
„ Selden's opinion on allied Conquest of the Island by Henry FV. 24
„ Parliamentary declaration of Con j«es^ ... ... ... 25
„ BlacJcston^s Ae^iiiou oi & Conquest ... ... ... 25
, Seizure of Island on treason of Earl of Northumberland ... 26
„ Grant to Sir John Stanley for life... ... ... ... 27
„ 12. Grant to Sir John Stanley and his heirs ... ... ... 28
„ 13. Sir John Stanley 11. ... ... ... ... ... 31
„ 14. Sir Thomas Stanley, Ist Lord Stanley ... ... ... 32
„ 15. Thomas, Ist Earl of Derby ... ... ... ... 32
„ 16. Thomas,' 2nd Earl of Derby ... ... ... ... 33
„ Claim of dower by widow of Ist Earl ... ... ... 33
„ 17. Edward, 3rd Earl of Derby ... ... ... ... 34
„ 18. Henry, 4th Earl of Derby ... ... ... ... 34
„ 19. Ferdinand, 5th Earl of Derby ... ... ... ... 35
„ 20. Claim of daughters of Ferdinand on his death without issue male 35
„ Queen Elizabeth's order to Sir Thomas Garrett or Grerrard to take
possession in her name ... ... ... ... 36
„ Concurrence of William, 6th Earl of Derby, and of Alice, widow of
Ferdinand ... ... ... ... ... - 37
„ Appointment of Peter Legh, Esq. to be Governor in absence of Gerrard 37
„ Decision on claims of daughters of Ferdinand ... ... 38
„ Beign of James I. ... ... ... ... ... 39
„ Grant to Earls of Northampton and Salisbury .,, ... 40
„ Their order as to application of Revenues ... ... ... 40
„ Agreement between Earl William and daughters of Earl Ferdinand 42
„ Surrender by Earls of Salisbury and Northampton to King James I. 42
„ Grant for a term to Earls of Salisbury and Suffolk ... ,., 42
„ Confirmation by James I. of rights of inhabitants in their Estates 43
^ firaiot to Earl William and his Countess .,, ,„ ^^ 45
CONTENTS. VS.
Poffe
Sec. 20. The Monasteiy of Rushen and other religious houses... ... 53
„ Dissolution of religious houses and eflFect of Act of Parliament,
27 H. VIII, c. 28 ... ... ... ... ... 54
„ Surrender of Ahbey of Furness ... ... ... ... 55
„ Act of Parliament, 31 H. VIII, c. 13 ... ... ... 56
„ Demises of possessions of religious houses ... ... ... 67
„ Grant thereof to Earl William and his Countess ... ... 58
„ Act of Parliament, 8 James I, confirming their title ... ... 61
„ Case of Earl of Derby v. Duke of A tholl, on clauses of Act in restraint
ofalienation ... ... ... ... ... 65
„ Reign of Earl William and his Countess ... ... ... 74
„ Abdication of Earl William ... ... ... ... 78
„ 21. James, 7th Earl of Derby ... ... ... ... 79
„ Siege of Latham, &c. ... ... ... ... ... 80
„ Order of Countess Charlotte, naming Derby Fort ... ... 80
„ Commission to Governor Greenhalgh conferring extraordinary powers 80
„ SttJBp Parliament confer Island on Lord Fairfax ... ... 81
„ Earl James's refusal to surrender Island ... ... ... 81
„ Commission to Countess Charlotte ... ... ... 82
,. Trial and death of Earl James ... ... ... ... 83
„ 22. Surrender to Parliamentary forces... ... ... ,,. 83
„ Rule of Commonwealth of England ... ... ,., 84
„ Lord Fairfax takes possession ... ... ... ... 85
„ Case of Hugli Cannell as to right of appeal from Lord Fairfax to the
Lord Protector and Commonwealth of England ... ... 88
„ Proclamation of Charles II. ... ... ... ,., 88
„ Charles, 8th Earl of Derby ... ... ... ... 89
„ His order on assuming government ... ... ,„ 89
„ 23. William, 9th Earl of Derby ... ... ... ... 91
„ 24. James, 10th Earl of Derby ... ... ... ... 91
„ His order on his accession ... ... ... ... 92
„ Case of Christian v. Corren as to right of appeal from Lords of the
Island to Crown of England ... ... ... ,., 93
CONTENTS.
Page
Sec. 24. Act of Parliament, 12 Geo. I, c. 28, authorizing purchase of Island 94
„ 25. James, 2nd Duke of Atholl ... ... ... ... 95
„ Instructions on his accession ... ... ... ... 97
„ Deeds purporting to alienate the Island made by Duke James... 98
„ Proclamation on accession of George III. ... ... ... 102
„ 26. Charlotte, Baroness Strange, wife of John, 3rd Duke of Atholl... 102
„ Order made on her accession ... ... ... ... 103
„ 27. Treaty for sale of the Island ... ... ... ... 104
„ Mischief Act,— 5 Geo. Ill, c. 39 ... ... ... ... 105
„ 28. Revesting Act,— 5 Geo. Ill, c. 26 ... ... ... ... 107
„ Proclamation of King George III. ... ... ... 125
„ Order of Governor Wood as to to publication of the Proclamation 127
„ Proceedings on transfer of Island .. . ... ... ... 128
„ 29. King George III. ... ... . ... ... ... 130
„ Act of Parliament, 57 Geo. Ill, c. 45, as to continuance in office of
persons employed by the Crown on decease of King ... 131
„ 30. King George IV. ... ... ... ... ... 132
„ His Proclamation as to officers ... ... ... ... 133
„ Manx Proclamation on his accession ... ... ... 133
„ 31. King William IV. ... ... ... ... ... 134
„ Proclamation on his accession ... ... .,, ... 134
„ 32. Queen Victoria ... ... ... ... ... 135
„ Proclamation on her accession ... ... ... ... 133
Chronological Table of Kings and Lords ... ... ... ... 136
Appendices to Notes : —
No. 1. Connection of House of Murray with the Island after Revestment,
and claim for further compensation ... ... ... 141
Act of Parliament, 7 Geo. Ill, c. 45, levying Customs duties ... 142
Act of Parliament, 45 Geo. Ill, c. 113, settling annuity on Duke of
Atholl ... ... ... ,., ... 147
Act of Parliament, 6 Geo. IV, c. 34, for purchase of the Duke's
... ,., 149
reserved rights
Sale of reserved rights by Duke of Atholl , . .
151
CONTENTS. XI
Page
No. 2. — Extracts from Coke's Institutes ... ... ... ... 153
„ Seidell's Titles of Honor ... ... ... 156
„ Wood's Institutes ... ... ... ... 158
„ Hargraves' Jurisconsult Exercitations... ... 158
„ Blackstone's Commentaries ... ... ... 163
No. 3. — Act of Parliament, 51 Geo. Ill, c. 207, confirming agreement between
Duke of AthoU, Earl of Derby, and Bishop and Clergy, as to
Impropriate Tithes ... ... ... ... ... 164
Note as to Insttiab Eetenue : —
I. — Crown Revenue, and Revenue raised by authority of Parliament 189
1. Customs ... ... ... ... ... 189
2. Land Revenue ... ... ... ... ... 203
3. Fine Fund ... ... ... ... ... 210
4. Post Office ... ... ... ... ... 212
5. Harbours ... ... ... ... ... 216
6. Lighthouses ... ... ... ... ... 223
II. — Taxes formerly imposed by Parliament ... ... ... 227
1. Greenwich Hospital... ... ,.. ... ... 228
2. Merchant Seaman's Fund ... ... ... ... 230
III. — Revenue and taxes raised by Insular Legislature ... ... 231
Temporary purposes ... ... ... ... ... 231
House of Keys ... ... ... ... ... 232
Lord's Rent, &c. ... ... ... ... ... 234
Tithes ... ... ... ... 234
Church cess ... ... ... ... ... ... 234
Schools ... ... ... ... ... ... 235
Riots ... ... ... ... ... ... 235
Lodging houses ... ... ... ... ... 236
Cattle diseases ... ... ... ... ... 236
Highways and Bridges... ... ... ... ... 236
Lunatic Asylum ... ... ... ... ... 239
Town Improvements ... ... ... ... ,., 240
THE EDITOR'S INTRODUCTION
TO VOL. I.
A COMPARISON of the Title-page, which professes to be
•"^-^ an Abstract of the Laws, &e., of the Isle of Man, by-
Deemster Parr, with the contents of the present Volume, which
has in it no part of the Deemster's work beyond the two Dedi-
cations, will, I fear, give cause to the reader to accuse me of
bringing out the volume under false pretences. The Council of
the Manx Society have, however, in their Report of May, 1867,
made for me a very appropriate excuse, namely : — " This volume
consists chiefly of preliminary matter which the Editor considered
a necessary introduction to the body of his work." This is so ;
and I trust that the reader may form the like opinion of the
necessity of introducing the "preliminary matter," and that
such matter may prove both useful and interesting.
This volume is made up almost entirely of Notes on " The
supposed true Chronicle of the Isle of Man, copied out of the
original," — ^being a very brief account of the Kings and Lords
of the Island : the portion thereof which brought the history to
the Author's time was introduced by him into his work, and
it must therefore be considered a part of it.
xiv INTRODUCTION.
In drawing up the Notes on the Chronicle my idea has mainly
been, to set forth a more extended account of the various
Sovereigns who actually reigned in the Island, and of the titles
by which they claimed or exercised the Sovereignty ; — copies of
the Grants and Acts of Parliament (where obtainable) being
given in extenso.^ I have endeavoured to state fully the questions
which arose as to the succession, and as to the powers of the
Lords to alienate their possessions in the Island. Such questions
are not without interest in an historical point of view, but they
have also important bearings in relation to the tenure of land,
and the rights of the people. Much of the information which
I have given can be obtained in other books, but I think that in
no one work is the subject of the Sovereignty of the Island
considered in the same manner, or is the information brought
together in the same compendious form.
"Parr's Abstract," (as the work is generally designated,)
though never printed, has always been considered a work of
authority on the various subjects treated of at the time when it
was written. It does not profess to be an Abstract of the Laws
generally. In the Dedication to Governor Heywood, the learned
Author states his work to be not "a succinct module of the whole
Laws and Constitutions of this Isle, but as a tithe thereof,
giving onltf an abridgment or compendium of such Laws and Acts
«* are of use;" and in his Dedication to the Earl of Derby, he
describes the work as " only an abridgment of the established
and practical Laws." To the present time it is the standard
• I regret that I have been unable to obtain a copy of the Act of Parliament
by which the Island, in 1649, was conferred on Lord Fairfax. {Seep. 85.J
INTRODUCTION. XV
authority as to the Common Law. In a pamphlet written by-
James Clarke, Esq., formerly Attorney-General of the Island,
and published in 1817, — " A view of the principal Courts of the
Isle of Man," — the author is referred to as " that great and
learned man. Deemster Parr," whose work " was written in 1678
for Governor Heywood, and is addressed to him by the title of
the Right Worshipful Robert Heywood, Esq., Governor of the
Isle of Man. It abounds with great learning, and cannot be
too closely studied by the members of the Law. The style is
clear and comprehensive, and places the author very high as a
writer on Jurisprudence." In the Introduction to the "Advocates'
Note Book," by J. C. Bluett, Esq., Advocate, published in 1847,
the work is thus referred to : — "From 1696 to 1713, John Parr,
Esq. held the office of Deemster, and during that period compiled
' An Abstract of the Laws, Customs, and Ordinances of the Isle
of Man.' This work was never printed, and only a very small
number of manuscript copies have been made from it, although
it contains much valuable information as to the state of the law
in his day."
Both Mr. Clarke and Mr. Bluett must be somewhat wrong in
their dates. There is evidence in the Rolls' Office that the
author began the study of the Law in 1671, when he became
clerk to Richard Tyldesley, Esq., Comptroller and Clerk of the
Rolls. He was at this time about 20 years of age, and he would
hardly have ventured in the short space of seven years to have
dedicated a Treatise on the Law to the Governor of the Island,
a treatise especially " undertaken" (as the author states,) " to
serve" the Governor, and to give him "enlightening in the
XVI INTRODUCTION.
State and Government of this poor Commonwealth." The
Governor was appointed to his office in 1678, and from the
tenor of the Dedication to him it is manifest that the work was
written subsequently. The author was appointed Deemster in
1693, before which time the work was written, for Governor
Heywood died in 1690. No reference is made in the Abstract
to the Statutes passed after that year, except that appended to
the matter under the title " Extortion," is a Note referring to
the Usury Act of 1691, a Note probably made in the copy
presented to the Earl of Derby, who was present at the promul-
gation of the Usury Act, and the copy was presented to him
«
when he was in the Island.
Some account of the author will be given in a subsequent
volume.
The originals of many of the documents given in the Notes
are in Latin. I have considered that as the works brought out
by the Manx Society are intended for popular rather thap merely
professional use, translations of the documents would be more
generally acceptable.
Throughout his work the author refers by number to " Cus-
tomary Laws." They were a brief compilation designated " The
antient Customary Laws of the Isle of Man," and were arranged
under 39 heads ; by whom they were collected or drawn up is not
now known, but they were evidently considered as of authority
in the author^s days. They exist only in manuscript. A copy
will be inserted in an Appendix.
J. GELL.
Castletown, Isle of Man,
lOtAJune, 1867.
AN ABSTRACT
OF THE
LAWS, CUSTOMS, AND ORDINANCES
OF
THE ISLE OP MAN.
DEDICATION TO THE EARL OF DERBY.
To THE Right Honourable and thrice Noble LotD, "William,
Earl of Derby, Lord of Mann and the Isles.
EIGHT Honourable, — Amongst those great and manifold
blessings which we, the people of this your Honours Isle
of Maun, (and ancient Feofe,) do receive by that benigne aspect
of Soveraignitie your Honour has over us, we have (in especiall)
that essential part of your Prerogative and Royaltys, of being
governed by peculiar and suitable Lawes and Constitutions, such
as the exigencies of this small Comonwealth have in succession
of time acquired : And now since the hand of Providence hath
ushered and conveyed your Honour here amongst us, and that it
is hoped it will not be ungratefull to yoyr Hon' to be acquainted
with those Lawes and Constitucbns that are established in this
your Hon*"'* governm* ; I have in considercon thereof, humbly
p''sumed to p'sent your Hon'" with the annex* collections, which
are only an abridgm' of the established and practical Laws of the
s'' Isle. And because many of those Lawes have heretofore (and
2 DEDICATION TO THE EARL OF DERBY.
«
partly yet) been held, retained, and exercised only tradltionall}',
and no entrance made of them upon record, but such as did fall
out upon the transaccon of certain cases. I can give no other
authority for such, save only y® bare record^and the freq* occur*
practice of them : And againe where I have p'"sumed to enlarge
and explaine certain ancient Statutes, (that do not by the express
letter unfold themselves,) according to the use and practice that
is now drawn from them : If therefore any errata may happen
in either of these two kinds, I shall humbly crave y*" Hon"" * gra-
cious dispensation for them, since my endeavours herein have not
been bestowed for public use, but only designed to give your
Hon*" some small insight into the State and Governmen* of this
your Hon''* little Comonwealth ; although a task of this nature
and subject would have required a more excellent and plausible
stile and forme to represent it in, than is here employed in these
undigested and unpolished collections, which I humbly pray your
Hon' to receive in no other esteem, but as an acknowledgement
and token of the devoted service of him, that thinks it his
chiefest hon' to be esteemed.
Right Honble,
Your Hon"'* most obed* and faithfull serv*,
JO^- PARR.
NOTES.
The Lord of Man named in this Dedication was "William, the ninth
Earl of Derby, and the twelftli Lord of Man of the House of Stanley.
He succeeded his father Charles, the eleventh Lord, on the 21st Decemr
ber, 1672, and died 1702. {Seacovie, 145 and 152.)
It appears that the workfl^as dedicated to Lord WiLham when in the
Island. On the 30th July, 1691, he was present at a Tynwald Coui-t at
St. John's Chapel, when the Usmy Act and four other Acts were passed
and promulgated. {Mills' Statutes, 147.)
This dedication is transcribed from a copy of the work in the posses-
sion of Robert John Moore, Esq., High-Bailiff of Peel.
DEDICATION TO GOVERNOR HEYWOOD.
DEDICATION TO GOVERNOR HEYWOOD.
To THE Right Worshipfull Robert Heywood, Esq., Governor
OF THE Isle of Mann.
EIGHT Worshipfull, — I have not presumed to dedicate this
ensuing Tract unto your Worship, as a succinct module of
the whole Laws and Constitutions of this Isle, but as a tithe
thereof, giving only an abridgment or compendium of such Laws
and Acts as are of use, contained and entered in the Statute
Book of the said Isle, with some suitable and additional enlarge-
ments of customary Practices and Precedents, abstracted out of
the antient Records. And because that many of the said
customs and usages are held, retained, and exercised only tradi-
tionally, and no entrance made of them, biit such as falls out
upon the transaction of certain cases, I cannot therefore give any
warrant for them, but only the bare record, and the frequent and
occurrent practice of them. And again, where I have presumed
to enlarge and explain certain antient statutes in the said book,
that do not in their express letter unfold themselves, according
to the use and practice that is now drawn from such old ordi-
nances : I am, therefore, in case there be any errata that may
present themselves to your Worship's view and discovery, in
regpect of either those two kinds, to crave your favourable dis-
pensation of such, since my endeavours in this nature have not
been bestowed f4l publick use, but altogether undertaken, and
designed, to serve your Worship, and as much as in them lie, (in
some measure,) to give your Worship enlightening in the State
and Government of this poor Commonwealth. That doth not a
little add to the happiness thereof, to have so prudent and upright
a Justicier, for the exercise and maintenance of its Laws and Liber-
4 DEDICATION TO GOVERNOR HEYWOOD.
ties, as your Worship is singularly looked upon to be, in the
succession of your memorable ancestor. And out of the considera-
tion of the encouragement your Worship was pleased to afford
me, in the undertaking of this weak and slender enterprise, (by
a willing and free Resentment of my said endeavours therein,) I
cannot deny myself the hopes of your indulgency towards it, and
that you would please to admit it some share of patronage.
Although talk of this nature and subject, would have far better
become to have represented itself, in a more exquisite and plausible
style and form, than by these indigested and implicite collections,
which I humbly pray your Worship to receive in no other esteem,
but as an acknowledgement of the devoted service of him that will
always be found.
Eight Worshipfull,
Your Worship's most obedient and faithful servant,
JOHN PARR.
NOTES.
Governor Haywood, to whom the learned author dedicated a copy of
his work, was appointed Governor by the following Commission from
William, the ninth Earl of Derby. The Commission is taken from Liber
Irrot. 1678 :—
To all Christian people to whom these presents shall come, William George Richard,
Earle of Derby, Lord of Man and y« Isles, Sendeth greeting. Know yee y' I the saidEarle
reposing especiall trust and confidence in y® fidelity, integritj', and prudence of Robt.
Haywood, of Haywood, in the County of Lancaster, Esq' , Have therefore constituted,
appointed, and made, and doe by these presents constitute, appoint, and make }« s^ Robt.
Haywood Govm'' of mi' I»le of Mann, Hereby authorizing the said Robt. Haywood to
take upon him y* whole GoVm"' thereof, (dureing my good pleasure,) and fully in
every respect to execute and discharge y® said ofiBoe of Gov'no', in all matters and
things w*soever, as well military as civell, in as large and ample manner as any
Govn' in my s^ Island hath heretofore used, or exercised y* same ; and to execute and
discharge y« sfi office, according to y« ancyent and knowne laws of my s^ Island. And
likewise to see y« s* laws put into due and just execution according to y® oath usually
administered in y' behalf. And further I y* &^ Earle doe hereby require, and ffirroly
DEDICATION TO GOVERNOR HEYWOOD. 5
injoine, and command y® said Robert Haywood to observe punctually all such orders,
and instructions, as hee shall from tyme to tyme receive from me, relating unto my said
Island. In witness whereof I y® s"! Earle, have to these presents put my hand and seale,
y« thirteenth day of April, in y® year of our Lord, according to y® English account, one
thousand six hundred and seventy eight.
DERBY.
Governor Heywood died in 1690, being succeeded in his office by
Roger Kenyon, Esq.
This Dedication is transcribed from a copy fttmislied to me by the
late Jobn Joseph. Heywood, Esq., First Deemster, who was a descendant
of the Governor. *
THE CHEOJttCLE OF THE ISLE OF MAN.
THE SUPPOSED TRUE CHRONICLE OF THE
ISLE OF MAN.
i 1. M^
Copied out op the Okiginal.
ANANAN MacLer, the first Man that had Maun,
or ever was Ruler of Manu^ and the Land was
named after him, and he reigned many years and was a Paynim,
and kept by necromancy the Land of Mann under mists, and if
he dreaded any enemies, he would make of one man to seem an
hundred by his art magick. And he never had any farm of the
Comons, but each one to bring a certain quantity of green Rushes
on Midsummer Eve, some to a place called Warfield, and some
to a place called Man, and yet is so called.
§ 2. — And long after St. Patrick disturbed him the said
Mananan, and put Christian folks into the said land, and left a
Bishop to govern all and to keep it, and so from Bishop to
Bishop they did keep it many years.
§ 3. — And then there came a son of the King of Denmark.
He conquered the land, "and was the first that was called King
Orrye. And after him remained twelve of the stock that were
called King Orryes. Insomuch that the last named Reginald
had no son, but one daughter named Mary, to* whom the right
descended, which Mary was Queen of Mann and Countess of
Straherne ; who taking with her all her Charters and Deeds oi?*
the Land of Mann fled to the King of England, Edward the
First, in the twentieth year of his reign, being in St. John's
Town in Scotland, otherwise called Perth, A.D. 1292.
■ § 4. — For Alexander, King of Scots, arrived at Roynaldsway,
and took possession of the Land of Mann, against whom the said
Mary did complain before the King of England.
THE CIII10>ICLE Ol'" THE ISLE OF MAN'. 7
§ 5. — In tte 33rd year of the King's reign, at the Parliament
at Westminister, a request was exhibited by John Waldebyst,
claiming the Isle of Man with the Islands adjoining, in the right
of Mary his wife, and answer was made them ' that they should
claim it before the King of Scots, who as then held the same
Isles, thus she dying the suit, the right descended to William
her son, and from the said William to John his son and heir.
§ 6. — In King Edward the Second his time, he gave to Pierce
Gaveston, a. Frenchman, the Earldom of Cornwall and the Lord-
ship of Man, A.D. 1307. He being his principal Secretary of
State and Lord Chamberlain of England.
§ 7. — Edward Bruce, the King of Scots brother, conquered,
the Island, A.D. 1308. Robert Bruce, King of Scots, gave the
said Island unto Handle, Earl of Murray and of Mann, being
Lieutenant-General, 1308.
§ 8. — In the eighth year of King Edward the Third, William
Montague, Earl of Salisbury, conquered the Isle of jNIan, out of
the hands of the Scots, which Isle the King gave unto the said
Earl, and caused him to be crowned and entitled King of Man,
1344.
§ 9. — In the seventeenth year of the reign of King Richard
the Second, William Scroope was made Vice Chamberlain, who
about the same time bought of the Lord William Montague his
son, named Montague, the Isle of Man with the Royalties
thereof, (for it is a kingdom, as William Walsingham affirmeth,)
1394.
§ 10. — In the 22nd year of the reign of King Richard the
Second, William Scrooi)e, Earl of Wiltshire, and Treasurer of
England, and Lord of Man was found guilty of Treason for mis-
governing the King and Realm, and he with others were bound
prisoners and brought forth into the camp before Henry, Duke
of Lancaster, and had their heads smitten off, A.D. 1398.
§ 11. — At the coronation of King Henry the Fourth, the
King gave the said Isle unto Henry Piercy, Earl of Northum-
berland, and to his heirs, A.D. 1402. He was impeached for
8 THE CHRONICLE OP THE ISLE OF MAN.
rising against the King, A.D. 1403. The Earl was restored to
his former dignity, lands, and goods, the' Isle of Man only
excepted, and presently deprived thereof by authority of Parlia-
ment : who being afterwards slain at the Battle of Shrewsbury,
§ 12. — The said King gave the said Isle of Man unto Sir John
Stanley, Knight, Lieutenant of Ireland and Treasurer of his
household, A.D. 1403 : who left the same to
§ 13. — Sir John Stanley, his son. Father to
§ 14. — Sir Henry Stanley, Knight of the Garter, Lieutenant
of Ireland, and Lord Chamberlain of King Henry the Sixth, who
created him Lord Stanley,
§ 15. — And he had issue Thomas, Lord Stanley and of Man,
after created Earl of Derby by King Henry the Seventh, and
made Constable of England and Knight of the Garter, who had
issue George, Lord Stanley, who in the right of his wife was also
Lord Strange of Knockin, and died, his father yet living, but
leffe his son called
§ 16. — Thomas, who was Earl of Derby, Lord Stanley,
Strange, and Man ; who had issue
§ 17. — ^Edward, Earl of Derby, Lord Stanley, Strange, and
Man ; father to
§ 18. — Henry, Earl of Derby, Lord Stanley, Strange, and
Man ; father to
§ 19. — Ferdinand, Earl of Derby, Lord Stanley, Strange, and
Man \ brother to
§ 20. — William, Earl of Derby, Lord Stanley, Strange, and
Man ; father to
§ 21. — James, Earl of Derby, Lord Stanley, Strange, and
Man, who was beheaded at Bolton for his loyal adherence to
King Charles the First ; father to
§ 22. — Charles, Earl of Derby, Lord Stanley, Strange, and
Man ; father to
§ 23. — William, Earl of Derby, Lord Stanley, Strange, and
Man, who died November, 1702; brother to
NOTES ON THE CHRONICLE. — § 1. 9
§ 24. — James, Earl of Derby, Lord Stanley, Strange, and
Man, &c., who died 1st February, 1735-6, and he dying without
issue the Isle and Dominion of Mann descended to
§ 25. — James, Duke of Atholl, great-grandson and heir of the
said James, Earl of Derby, who was beheaded at Bolton, and
heir general of the Derby Family : who dying the 8th day of
January, 1764, was succeeded by
§ 26. — Lady Charlotte, his only child, with His Grace John,
Duke of Atholl, her husband, who died the 5th November, 1774.
§ 27. — Anno 1765, the Lords of His Majesty's Treasury by
virtue of the Act 12 Geo. I., treated with their Graces, and pur-
chased the Royalties and Jurisdictions of the said Isle for seventy
thousand pounds, and also two thousand pounds annuity out of
the Irish Revenues during the survivor's life.
§ 28. — And by the 5th Geo. III. this Isle, save the territorial
estates, rents, &c., became vested in the Crown.
NOTES.
The original Chronicle from which the foregoing is stated to be a copy,
is supposed to be that in the Rolls Office prefixed to the old copies of
the Statute Book. The Chi-onicle in the RoUs Office has been continued
by successive Clerks of the Rolls until the Revestment in 1765. I have
given the Chronicle in the complete form in which it is in the Rolls
Office. In Ml-. Moore's copy of the author's work, the Chi'onicle is not
transcribed beyond § 3, but in my own copy it is continued to § 20.
§1.'
" Mannan-Mac-Lear whom they believe the father, founder, and legis-
lator of their country, and place him at the beginning of the fifth century;
they pretend he was a son of a King of Ulster, and brother to Fergus
the Second, who restored the kingdom of Scotland, A.D. 422. As it is
probable the Prince, by the rule laid down had his share or proportion
in lands, so, the tradition says, he exacted no tax or subsidy from his
people, but only a quantity of mshes, which were brought him on Mid-
summer Day. This easy service, it is probable, made him greatly
beloved, and almost adored for his wisdom, (for the subjects will always
•
10
NOTES ON THE CHRONICLE. — § 1.
believe the prince wise tliat makes them rich,) and because they could
express it in no better, reported him a magician, a craft not uncommon
in legislators, (as Zoroaster and Numa,) to make the people believe they
act by some superior or supernatural power, that so their dictates may
be received as oracles among the ignorant and vulgar. And what seems
to complete then- happiness so, towards the latter end of his reign St.
Patrick landed here, in his second voyage for. Ireland, and was greatly
opposed by one Melinus, a famous magician, (says Jocelinus in Vita
Patricii,) who, in imitation of Simon Magus, attempting to fly in the air,
was mortally bruised by a fall, but, upon his repentance and conversion,
immediately restored to his health. Such wonders religion can do, or so
much have the writers of ecclesiastical history deceived us. Whether
Mannan and Melinus were the same we are not informed, nor what
became of bim ; but the Manks tradition says that St. Patrick, proceed-
ing on his voyage, left Germanus Bishop, and Jocelinus concurs with
him in these words— Ad regendum et erudiendum populwn in fide Christi.
This Gennanus was Canon of the Lateran, a prudent and holy man, one
of the first assistants of St. Patrick in the conversion of Ireland, who by
his wisdom, conduct, and virtuous example, absolutely settled the
Christian religion, whether by the death, conversion, or voluntary abdi-
cation of Mannan-Mac-Lear, is uncertain, for methinks expulsion sounds
too hai'sh. These were the saints of a later date who expelled the natives
to enjoy theu* lands, and by rapine and murder made room for what they
call religion. How long this pious person filled the chair we know not ;
that he died before St. Patrick is evident. The Church celebrates his
memory among the blessed, and the cathedral in Peel Castle is dedicated
to him." {Sacheverell 24.) " Manana Mac Bai% a Pagan and Necro-
mancer, who by raising of stoi*ms and mists, is said to secure him-
self in that Government from forrain invasion ; or rather by the natural
situation of the place, subject to stonns and mists ; who took of the
people no other acknowledgment for their land, but the bearing of rushes
to certain places called Wai*efield, and Mame, on Midsummer even."
{Chahner 9.) " This Island has had many masters. They have an old
tradition, and it has got a place in the records, that one Mananan Mac-
Ler, a Necromancer, was the first Proprietor, and that for a long time
he kept the Island imder mists, that no stranger could find it, till St.
Patrick broke his charms. But a late Irish Antiquary gives a particular
account of this Mananan, namely, That his true name was Orbsenius,
the son of Alladius, a Prince of Ireland, that he was a famous merchant,
and from his trading betwixt Ireland and the Isle of Man, had the name
of Mananan, and Mac-Ler, that is, the Son of the Sea, from his great
NOTKS ON TILE CHRONICLE. § 2, 3. 11
skill in navigation, and that he was at last slain at MoycuUin, in the
County of Galway in Ireland. And it is not improbable that the story
of his keeping the Island under a mist might arise from this, that he
was the only person in those days that had a commerce with them."
(Bishop Wilson's History 479.) In Gibson's Camden's Britannia 392, in
which this account given by Bishop Wilson is copied, is the following
note referring to the Irish Antiquary, "Flaharti p. 172." " It is, I think,
much more probable that the great Magician and Legislator, owed
identity with Mainus, the son of Magnus I, King of Scotland. Mainus
ascended the Scottish throne B.C. 290, fifteen years after the death of his
father, his uncle Feritharas having in the interim, wielded the sceptre.
He had, it is probable, after the custom of that age, received his educa-
tion in the Isle of Man. The traditionary character ascribed to Manna-
nan Beg agrees in many respects with that recorded of King Mainus."
(1 Train 40.)
Probably the old custom, which is still continued, of strewing with
green rushes the pathway from St. John's Chapel to the Tynwald HiU,
when Tynwald Coux'ts are held there, has been derived from the alleged
customary service in the days of ^lananaji Mac Ler.
, §2.
Instead of the rule of the Bishops as asserted in the Chronicle, Train
siipplies a list of Manx Kings of a "Welch Une, the last of whom was
conquered about A.D. 888 by Harold Harfagr, who placed in the Island
a Yiceroy, Ketill, who established an independent dynasty which con-
tinued untn about A.D. 920, when Orrye conquered Man. (Train 58, &c.)
Cv/mv/iing, in the appendix to his Story of Castle Rushen, agrees in the
main with Train. I attempt not to reconcile the Chronicle with the
historians, nor the historians -with each other, as to the government of
the Island in these ancient times, neither do I venture to express an
opinion as to the autHenticity of any one account more than another,
See note on § 1 as to the Bishop left in the Island by St. Patrick.
§ 3.
In this account I cannot but think that the Chronicle is at fault. It
is hardly open to me, or to any lawyer, to question the existence of
King Orry, (the first of the name,) since this King was declared by the
Deemsters and Keys in 1422 to have existed. " Also we give for Law
that there were never 24 Keys in certainty, since they were first that
were called Taxiaxi, those were 24 fi'ee holders, viz., 8 in the out Isles,
and 16 in your Land of Man, and that was in King Orrye's Days"
12
NOTES ON THE CHRONICLE. § 3.
{Mills' Statutes 17.) But between Orry (the first) and Reginald, the
various historians frame a list of about twenty -four Kings at least, all of
whom were not of the race of Orry. They are not agreed as to the
names, though all appear to make up about twelve of the race of Orry,
the last of whom was Fingall. Lists of the names are given in Sacheve-
rell 27 &c., 1 Train 74, Cumming's Castle Bushen App. With respect to
some of the names, Sacheverell says : — " I doubt the whole number are
no better than the invention of their monks to amuse the people, especi-
ally since they have omitted almost the only real King that deserved that
honour : his name was Macon or Macutus, who lived about the middle
of the tenth century." (Sacheverell 28.) This King in some writers is
called Hacon.
The date of Orry's ai-rival is supposed to be about A.D. 920. In the
Chronicle he is alleged to have been a son of the King of Denmark.
Saclieverell describes him as being the son of the King of Denmark and
Norway. [Sacheverell 27.) Train, though he presumes Orry to have been
^a Scandinavian, disputes his having been a son of a King of Denmark
and Norway. (1 Train 64.)
Fingall, the last of the race of Orry, appears to have been dispossessed
of his kingdom about A.D. 1077 by Goddard Crovan, son of Harold the
Black of Iceland, of whose race Mary referred to in the Chronicle was
the last. The following is a list of the Kings of this race. The
historians are not agreed as to the dates at which the first four of
these kings began to reign. The variations in the dates are given in
1 Train 103.
I give those taken from the Norse Sagas and Jrisfe Annals, but without
meaning to imply that I consider such dates more authentic than the
others. (See Sacheverell 32 &c., Cumming's Castle Bushen, App.)
KINGS.
BEGAH
TO
1
Goddard Crovan
1077
2
3
4
Lagman, Lis son
Olave I. (surnamed Kleining) Ms brother
Godred or Goddard II., his son
1103
1114
1154
6
6
7
Reginald I., his illegitimate son, (an usurper)
Olave II., (suruaraed the Black) son of Goddard II
Harald I., his son
1187
1226
1237
8
Reginald II., his brother
1249
9
10
Harald II., son of Godred Don, son of R^^inald I. (an usurper]
Magnus, brother of Reginald II
1250
1252
NOTES ON THE CHKONICLE. § 3. 13
From this list are excluded the names of various persons who by con-
quest or otherwise for limited periods, acquii'ed the rule of Man and the
Isles. Amongst those omitted is Magnus, King of Norway, who is
alleged to have possessed himself of the Isles during the reign of Goddard
Crovan.
The kings of this race were considered as holding their sovereignty
from the Kings of Norway, to whom they were expected to do homage.
About the year 1205 the usurper Reginald, the fifth of this race,
agreed to do homage to King John of England for the Isle of Man
and the out Isles, for which by charter of that king, Reginald was to
receive a knight's fee of two tuns of wine and 120 quarters of com yearly
in Ireland. {Sacheverell 45, 1 Train 112.) Dr. Twiss in his report to the
Convocation of Canterbury in 1853, on the claim of the Bishop of
Cape Town to sit in Convocation, thus refers on the authority of
Prynne 4 J»sf. jp.201, to this transaction : — " The Isle of Man had become
a possession of the Crown of England by voluntary suiTender to King
John in the sixth year of the reign of that King, who granted it by
letters patent to Reginald Lord of Man, to be held by him of the
Crown of England by liege homage." {Warren's Synodalia 315.) This
surrender to King John was of equal validity, or rather invalidity, with
Reginald's suiTender of his dominions to Pope Honorius in 12 19. A
copy of the surrender and a translation are given in Seacome's History
of the House of Stanley 201. The following is the translation. (See also
2 Oliver's Monumenta 53, and West's Antiquities ofFumess, App. No. 12) : —
Reginald, King of the Isle of Man, constitutes himself a Vassal of the See of Home
and of his Island makes the offered Grant at London, 22nd of September, 1219.
To the most Holy Father and Lord Honorius, by the Grace of God, Supreme Pontiff,
Reginald, King of the Isles, kisseth his feet and sendeth Greeting. Be it known to j'our
holj' Paternity, that we, as being partakers of the benefits derived from those things that
are done in the Roman Church, according to the admonition and exhortation of the
beloved Father in God, Peter, Lord Bishop of Norwich, Elect Chamberlain and Apostolick
Legate, have given and offered in the name of the Church of Rome, and yours, and of
your Catholic Successors, our Island of Man, which belongs to us by right of inheritance,
and for which we are not bound to do service to any ; and henceforwards we and our heirs
for ever will hold the said Island as a grant from the Church of Rome, and will do homage
and fealty to it. ; and as a recognition of dominion, in the name of a tribute, we and our
heirs for ever will pay annually to the Church of Rome twelve marks sterling, in England,
at the Abbey of Furnes, of the Cistercian Order, upon the Feast of the Purification of the
B. V. Mary. And if there should not be any person there on the behalf of you or
your successors, the said twelve marks shall be deposited by us and our heirs with the
Abbot and Cdnvent in the name of the Church of Rome. This Grant and Oblation the
said Lord Legate accepts according to your will and pleasure ; and after acceptance so
made by him, he the said Lord Legate gave to me aiM my heirs the said Island to be
14 NOTES ON THE CHRONICLE. — § 3.
possessed and held in Pee for ever, in the name of the Church of Rome ; and thereupon
invested me therewith hy a ring of gold. &c.
Done at London, in the House of the Knights Templars, the 22nd of September, Anno
1219 ; and that no doubt maj' remain concerning the premises. We have caused this
Instrument to he made and sealed with our seal.
In the same year King Henry III. granted to Reginald letters of safe
conduct to come to England to do Lim homage. {Sacheverell 45.)
SachevereU (46) with reference to Reginald remai-ks, "If it be lawful to
compare so small a Prince with an English Monarch, there never was a
nearer resemblance than in the fortunes of these two ; both had obtained
their government by injustice to the lawfal heirs ; both lost it by their
ill-treatment of their people ; both of mischievous designing tempers,
and both lived to feel the dreadful effects on their own heads ; only in
this they differ, John had offended the clergy, Reginald his people ; John
had some years before made the most infa^mons submission to the Pope
that ever was heard of in story, Regiuald to complete the similitude
must do the like,*either because it was the fashion, or that he could hope
for no assistance without it. Into such mean compliances men's
interests betray them, when justified by a blind devotion or a bad
example."
Harald II. in 1250 applied to King Heniy III. for letters of safe-
conduct to enable him to go into England, which letters were granted.
(See letters and translation 2 Oliver's Monutnenta 83.) In Calvin's case,
in the Court of King's Bench, in 1603, (reported in the 7th part of Coke's
Reports ; 4 Coke's Reports by Fraser 3G,) the letters to Harald are thus
referred to. (By this case^it was decided that a man bom in Scotland,
after the accession of King James the First to the English throne, and
during his reign, might hold lands in England) : — ■
" But leave we Normandy and Anjou, aud speak we of the little, but yet ancient and
absolute kingdom of the Isle of Man, as it appeareth by diverse ancient and authentic
records, as taking one for many. Artold [Harald]. King of Man, sued to King H. 3 to
come into England to confer with him, and to perform certain things which were due to
King H. 3. Thereupon King H. 3. Decemh. ann. regn. sui 3i at Winchester, by his
letters patent gave licence to Artold, King of Man, as followeth : — Eex omnibus salutem.
Sciatis, quod licentiam dedimus, Sfc. Artoldo Reji de Man veniendo ad nos in AngV
ad loqueni nohisc et adjaciend' nobis quod facere debet ; et ideo vobis mandamus quod
ei Reffi in veniendo ad nos in AngV, vel ibi morando, vel inde redeundo nullum faciat,
aut fieri permtttatis damnum, injur', molestiam, aut gravamen, vel etiam hominiV suit
quos secum ducet et si aliquid eis forisfacf fuerit. id eis sine dilat' faciat' emendari.
In cujus Sec , duratur' usque abfest' S. Mich. Wherein two things are to he observed.
1. That seeing that Artold. King of Man, sued for a licence in this case to the King, it
proveth him an absolute king ; for that a Monarch or absolute Prince cannot come into
England without leave of the Kingfbnt any subject, being in league, may come into this
NOTES ON THE CHKONICLE. § 3. 15
realm withcut licence. 2. That the King in his licence doth style him by the name of a
King. It was resolved in 11 H. 8 that wlieve an office was found after the decease of
Thomas, Earl of Derby, and that he died seized, &c., of the Isle of Man, that the said
oflBce was utterly void, for that the Isle of Man, Normandy, Gascoin, &c., were out of the
power of the Chancery, and governed by several laws ; pnd yet none will doubt but those
that arc born within that Isle are capable and inheritable of lands within the realm of
England." (See Notes on § 16 and § 20, and Appendix No. 2 to these Notes, post.)
Ibid. 45. — " If pastnati [persons born in Scotland after its union with England under
one king,] or Irishmen, men of the Isles of Man, Guernsey, Jerse)', &c., have lands within
England, and dwell here, they shall be subject to all services and public charges within
this realm, as any Englishman shall be. So as to services and charges, the postnati and
Englishmen are all in one predicament." One objection made against the claim to hold
lands in England was, " Whether one born within the kingdom of Scotland or no, is not
triable in England, for that it is a tiling done out of this realm, and no jury can be
returned for the trial of any such issue ;" and it was answered by the Court, " That the
like objection might be made against Irishmen, Gascoins, Normans, men of the Isles of
Man, Guernsey, and Jerse}', of Berwick, &c., all which appear bj' the riale of our books to
be natural-born subjects ; and yet no jury can come out of any of those countries and
places, for the trial of their births there."
The chronicle is manifestly in eri-or in describing Reginald, tlie eightli
of this race, as being tbe last thereof, be having been succeeded by his
brother Magnus, who if not de jure was de facto king. Magnus by char-
ter granted to Richard, Bishop of Man, and his successors, baronial and
ecclesiastical rights and privileges. (See Notes on title " Abbot," post.)
" This little kingdom, deprived of the protection of Norway, could not
support itself much longer, for Magnus dying anno 1265, in his Castle
of Rushen was buried in the Abbey Church he had lately caused to be
dedicated, and left no child behind him. He was the ninth and last of
the race of Goddard Crownan, who for 200 years had enjoyed the name
of kings, but were in truth little better than Lieutenants to the Crown
of Norway ; and their inheritance became an insensible addition to the
kingdom of Scotland." {Sacheverell 53.)
According to Train {Vol. i, p. 132,) Magnus, in 1264, despairing of
assistance from Norway, and being unable to resist the power of Alex-
ander in., Kiag of Scotland, met that King at Dumfries and did
homage to him there, — Alexander gi-anting him a charter by which he
was to hold the Island from the Crown of Scotland. But in 1266, by a
treaty signed at Perth, Magnus, King of Norway, ceded the Island and
the Hebrides to Alexander, (1 Train 139, 155,) who in 1270 sent an army
which disembarked at Raynaldway, (now Derbyhaven,) and reduced the
Island to obedience to his rule. Until his death in 1285, and until 1290
the Island was governed by Thanes or Governors appointed by King
Alexander. {Sapheverell 55 ; 1 Train 140.)
16 NOTES ON THE CHRONICLE. — § 3.
In 1290 the Inliabitants of the Island placed themselves under the
protection of Edward I., King of England, by a document, a copy of
which taken from Rymer is given in the Notes to Sacheverell 152. The
following is Mr. Cumming's translation of the document. (See also 2
Oliver's Monumenta 110) : —
A Letter of the Men of the Isle of Man, who place themselves under the protection
of the King, in the 18th Year of Edward I., 1290. To all the Sons of H0I3' Mother
Church, who shall see or hear these present letters, all the men inhabiting the Isle of
Man, send geeting. Whereas the Most Noble Prince the Illustrious Lord King of Eng-
land, has taken into his own hands, for protection and defence, the aforesaid Island,
which has lately been left desolate and oppressed with many miseries, from lack of
defence and prot-ection. ^Aud whereas we desire to place ourselves under his rule and
government, and to obey his injunctions, and to answer in all things to him as our Lord,
We henceforth engage ourselves under a penalty of two thousand pounds of silver, which,
if it shall happen that we iu any manner rebel against his rule, or become delinquents, or
injure or maliciously ^afflict anj' of his subjects, we promise and absoluteli' protest we
will fully paj'. And to the observance of the aforesaid premises, we wish to bind
ourselves, and grant all our possessions, wherever they may be found, together with our
bodies in such penalties as he may please, to be taken and held, all secular remedies of
law, and the rights of nations being set aside, and by no means availing us. In testimony
whereof we have affixed to these presents our common Seal. Given at the Abbey of
Kushen, in the aforesaid Isle, iu the Year 1290.
Edward I. committed the care of the Island to Walter de Hunter -
combe, who in 1292, by order of his master, (who styled himself King
and Lord Superior of Scotland,) surrendered the Island to John BaUol,
King of Scotland. The following is Mr. Cumming's translation of the
order of Edward I., as given in his Notes on Saclieverell 155 :—
Jan. 5, Anno 1292.
Concei-ning the restoring the Isle of Man to John, King of Scotlar.d, The King and
Lord Superior of the Kingdom of Scotland, to his beloved and faithful Walter Hunter-
combe, Governor of Man, greeting. Whereas, of our special grace, we have restored to
our beloved and faithful John Baliol, King of Scotland, such seizure of the Isle of Man
with its appurtenances, as Alexander, the last King of Scotland, his predecessor, and
whose heir he himself is, had of that Island on the day he died ; saving our rights, and
those of any other, and saving to us and our heirs, the revenues, wards, heritages, reliefs,
escheats, fines, amercements, arrears of farms and rents, which were due at the time when
we had seizure of the same land ; and saving to us and our heirs any recognitions,
■ decrees, and attachments of our bailiffs and magistrates at the time aforesaid ; together
with cognizance of the charge laid against Duncan Malcolm, and of the Judgments
delivered upon the same ; and iu like manner that all the Judgments delivered in the
aforesaid time of our seizure, by our bailiffs and magistrates, in the same land, be held,
executed and demanded. We enjoin you more especially that you cause to be made
over to the said King, seizure of the aforesaid land, with its appurtenances, in form
aforesaid, saving our rights and those of any other, — Witness the King at Newcastle-
upon-Tyne, the 5th day of January.
XOTES ON THE CHRONICLE. § 3, 4, 5. 17
Wlien Mary, as stated in the Chronicle, fled to Edward I. at Perth,
he was there in the capacity of arbitrator of the differences between the
factions of Bruce and Balliol. Maiy made her claim to the Island and
offered to do homage for it to Edward, but she was answered that she
must claim it of the King of Scotland who then held it. {Sacheverell 57,
and notes to same 156.)
It is very questionable whether the right to the Crown of Man, did or
could descend to Mary as alleged in the Chronicle, — if it did, it descended
to her on the death of Reginald her father, and Magnus who succeeded
him was not King de jure. Sacheverell (51) states ; " Though we do not
find in the whole Norwegian line any pretence to a female succession,
yet this gave ground for a plea near 400 years after, upon which sen-
tence was pronounced in favour of the heirs general of Ferdinand Earl
of Derby, against his bi'other Earl William, but it was afterwards
settled by Parliament in favour of the males, for during the race of
Goddard Crownan three qualifications seemed requisite for the descent
of the Government, — a male succession, the consent of the people, and
the approbation of the King of Noi*way,who was then acknowledged for
Sovereign ; and where either of these was wanting, it generally proved
fatal to the prince and people." Whatever may have been the plea of
Earl WiUiam in support of his right to the succession, the decision was
given in favour of the heirs general, — the three daughters of Earl
Ferdinand, — on the ground that the gi-ant of the Isle by the letters
patent to Sir John Stanley, was governed by the Common Law of Eng-
land. {Coke's Institutes, Part 4.) But see Notes on § 5, as to claims of
AuMca, daughter of Olave II.
§4.
The Chronicle here refers back to the conquest by Alexander III. in
1270, (see Notes on § 3), and it was against the act of Alexander in
seizing the Island that Mary must have complained ; Alexander being
dead in 1292.
§5.
The Chronicle here evidently confuses the facts relative to the pedigi*ee
of the claimant John Waldebyst or Waldeboef, who made his claim in
the right of Mary, his grandmother, (not his wife), daughter of Reginald
II., and wife, fii'st of the Eaii of Straheme, (see § 3,) and secondly of
John de Waldeboef. The correct state of the case appears from the
following extract from BotuK Parliamentonmn, translated by Mr. Cvm-
onvng in his notes to Sacheverell 165. (See also 2 Oliver's Monwnenta,
135.)
18 NOTES ON THE CHRONICLE. — § 5.
A.D. 1304. 33 Ed. T.— On the petition of John de Waldeboef, seeking the land of
Man, with the Islands adjacent, as the true heir to them, in that Eeginald, fonneriy
vKing of the said land of Man, had died seized of the same, from whom the right
descended to a certain Mary, daughter of the same, who was the wife of John de
Waldeboef, which said Mary at another time prosecuted her right before the King of
England, and the answer to her then was, that she should prosecute her claim before the
King of Scotland, in that the said land was at that time held by the said King of
Scotland, which Mary died in the prosecution of her right ; from which said Mary the
right descended to a certain William, son and heir of the said Marj". and from this
William the right descended to John de Waldeboef, son and heir of the aforesaid William,
who now petitions, &c.
Answer.— It is thus answered, — Let it be prosecuted before the Justices of the King's
Bench, and let it be heard, and let justice be done ; and let the said petition be sent to
the said Justices, under the King's Great Seal.
The reason of the answer given would appear to be, that the King of
England claimed to be Superior of the King of Scotland, and therefore
that the suit being in fact against the King of Scotland, it was cognizable
in the Enghsh Courts.
But during the intei'val between the claim of Mary in 1292, and that
of her grandson in 1304, another claimant to the Manx throne had arisen
in the person of Afii'ica or Aufi'ica, commonly called Aufi-ica de Con-
naught, daughter of King Clave the Black, and sister of Magnus, the
last king of the hne of Goddard Crovan. If the crown could descend to
a female, the claim of Maiy was the preferable one, she being the daugh-
ter of Reginald II., whereas Aufiica could have no right except on failure
of the issue of her three brothers Harald, Reginald, and Magnus.
Aufi-ica also applied to King Edward I. against John Baliol, King of
Scotland, to have her claim allowed, and a writ commanding the appear-
ance of the Scottish king in England was issued. The following is Mr.
Ctmiining^s translation of the writ in his notes on Sacheverell 164. (See
also 2 Oliver's Monnmienta 127.)
Rolls of Scotland, 21 Ed. I., 1293. — The King of Scotland is cited to appear in the
Court of the King of England, on the suit of Aufrica, the heiress of Magnus, formerly
King of Man. The King and Lord Superior of Scotland, to his beloved and faithful
John, by the same grace, the illustrious King of Scotland, greeting. Aufrica, the
kinswoman and heiress, as she asserts, of Magnus, formerlj' King of Man, we have heard,
setting forth that when she had come herself into your presence, asserting that the land
of Man is her right and inheritance, and had asked of you instantly and oftentimes that
you would take care to listen to her, as respects her right, and upon her petition which
she made concerning the aforesaid land, that you would render to her right and full
justice, offering to give proof of her aforesaid rights in due form, according to the law
and custom of those parts, you unjustly denied to render to her those things aforesaid,
contrary to justice. Wherefore the aforesaid Aufrica, through defect of law, or denial of
NOTES ON THE CHRONICLE.— § 5, 6. 19
justice on yonr part, has appealed to us, as Lord Superior of tlie King of Scotland himself,
seeking and supplicating that hy us should be exhibited the justice wanting on your part
to her, according to what, by reason of the royal superiority of government which we
have in the same kingdom, she perceives pertains to us. But since a hearing is not to be
denied to those seeking their rights, and we are debtors to all in the administration of
JBptice, we call upon j'ou to appear before us within fifteen days after Michaelmas,
wherever we may then be in England, to answer to the aforesaid Aufrica, upon the
premises, and to do and promise whatever shall be just, which same day we have
appointed to Aufrica to do and promise before us in like manner, in those things which
justice shall direct. In testimony whereof, witness the King at Westminster, the loth
day of June.
It does not appear that either suit of Aufrica or Mary was prosecuted
in England, or that the jurisdiction of the English king as claimed by
him, vsras submitted to.
Aufrica in 1305 made over her right in the Island to Sir Simon de
Montacute, who is alleged to have been her husband. (1 Train 145,
Cu'mming''s Notes on Sachcverell 169.) A copy of the gi'ant from Dods-
woHKs Collections is given in Sachaverell 58. (See also 2 Oliver's Monu-
menta 137.)
§6. .
There is considerable difficulty in reconciling the historians as to the
events of this period, and as to the connexion of Sir WUliam Montague
or Montacute, mentioned in § 8, with the Island. Mr. Ctmiming, in his
notes to Sacheverell 155, has very ably attempted the reconciliation, and
in the notes on this and on sections 7 and 8, I wiU briefly give what I
suppose to be Mr. Cumming's and also my own conclusions.
We find the King of Scotland in possession in 1304, when John de
Waldeboef petitioned the Parliament for redi'ess. (See notes on § 5.)
In 1305 Aufrica de Connaught made over her right to her husband
Sir Simon de Montacute, but it does not appear that possession as well
as the right was transferred. (See notes on § 5.)
Between 1305 and 1307, Sir Wniiam Montacute, son of Sir Simon and
of Aufrica his -wife, conquered the Island from the Scots, and mortgaged
it to Anthony Beck, Bishop of Durham and Patriarch of Jerusalem,
who in 1307 was in possession.
In 1307 a scire facias was issued to Anthony Beck by King Edward I.
to shew cause why the King should not resume the Island into his own
hands, (see the writ in Ciimming's notes on Sacheverell 157, and 2 Oliver's
Monumenta 139,) and the King would appear to have obtained posses-
sion; for
In 1307 King Edward II. (who succeeded his fether Edward I. in that
20 NOTES ON THE CHRONICLE. — § 6, 7.
year,) made two successive grants of the Island to (1) Pierce Gaveston
(or Percy de Graveston) as mentioned in the chronicle, and (2) to Gilbert
de Mac Gascall. It is vei*y probable that these persons were but Lieu-
tenants to the King. In my copy of the Chronicle 'is the following
note : — " This Pierce Gaveston was seized by the Barons, and execut^
without any fonn of law in Black MUl, near Warwick, by the Earl of
Warwick."
In 1308 Edward II. granted the Island to Henry de BeUo Monte or
Henry Beaumont. The following is Mr. Cumming's translation of the
grant in his notes on Sacheverell 164. (The gi'ant is given in Chulloner
13 ; see also 2 Oliver'' s Monumenta 141.)
The King to all to whom these presents shall come, greeting. Know ye, that, for the
good service which our beloved and faithful cousin, Henry Beaumont, hath hitherto
rendered to us, we have given and granted to the said Henry for the term of his life, for
ourselves and our heirs, freely, quietly, well, safely, and in peace, to have and possess all
our land of Man, together with the entire lordship and regal justice, as well as with
knight's fees, the advowson of churches and religious houses, the liberties, free customs,
escheats and all other things pertaining to the aforesaid land, or seeming to pertain, in
whatever manner, by the sen-ice which the lords of the aforesaid land were accustomed
thence to render to the Kings of Scotland. In testimony whereof, witness the King at
Newcastle-upon-Tyne, the first day of May, 1308. By the King himself.
In 1310 Edward II. revoked the grant and resumed possession, (see
translation of the order for the resumption in Cumming^s notes to
Sacheverell 166, and 2 Olivers Monumenta 143,) and committed the
custody of the Island to GUbert de Mac Gascall.
In 1310 Edward II. granted the Island for life to Anthony Beck, who
died in 1310 or 1311.
§7. .
The Chronicle is in error as to the dates, the Island having been
conquered by the Scots in 1313. Some of the historians assert that
King Robert Bruce conquered the Island in person.
In the same year, 1313, King Robert Bruce gi'anted the Island to
Thomas Randolph, or Ranulph, (named in the Chronicle Randle,) Earl of
Moray.
The following is Mr. Omnming^s translation of the grant, from his
notes on Sacheverell 167. See also Oliver's Monumenta 162 : —
Charter of Robert Bruce to Thoma* Randolph, Earl of Moray, A.D. 1313.
Robert, by the grace of God, King of the Scots, to all honest men of his land, clergy
and laitj', greeting. Know that we, &c., have confirmed to Thomas Randolph, Earl of
Moray and Lord of Annandale, our dearest nephew, for his homage and service, the
whole Island of Man, with appurtenances, together with a certain other Island adjacent
thereto, which is called Calf's, with appurtenances : To have and to hold to the said
NOTES ON THE CHRONICLE. — § 7, 8. 21
Thomas and his heirs, of us and of our heirs, in fee and heirship, and for a free royalty,
without any restraint, freely, peaceably, fully, and honorably, with the advowsons of
churches and monasteries, and with all and singular actions and complaints to our Royal
Crown appertaining ; and with all other kinds of liberties, conveniences, easements, and
just appurtenances, in all, and through all, as well unmentioned as mentioned, without
the aforesaid Islands, together with royal government and justice, to be administered over
all men inhabiting the aforesaid Islands, as well as over all men of the Bishopric there,
as of all other men whomsoever, as well as during the time of the vacant Bishopric as
without : So that no minister of ours may from henceforth enter upon the premises
within the aforesaid Islands : Save and except to us and our heirs, the patronage of he
episcopal see there, and its government in all other respects : Finding for us and our heirs,
the said Thomas and his heirs, six ships annually, each of twenty-six oars, with men, and
provisions for six weeks, after a reasonable warning ; and making a personal appearance at
the Parliament of us and our heirs, to be held within our kingdom, by reasonable summon-
ses of forty days ; and rendering, moreover to us and to our heirs annually, at the feast of
Pentecost, Inverness, a hundred marks sterling, by the name of white mail, only in lieu of
all earthly services, exactions, customs, or demands which may be required or demanded
by any person in the aforesaid Islands, with appurtenances. And we and our heirs will
warrant, acquit, and fully defend the aforesaid out Islands, with their appurtenances, in all
things as aforesaid, to the said Thomas and his heirs against all people. These being wit-
ness : — the Venerable Fathers in Christ William, John, William, David, and David, by the
grace of God, Bishops of the Churches of St. Andrew, Glasgow, Dunkeld, Moray, and
Sodor ; Duncan, fiarl of Fife ; Patrick of Dunbar, Earl of March ; Malise, Earl of
Strathern ; Hugh, Earl of Ross ; Walter, Seneschal of Scotland ; James, Lord of
Douglas ; and Gilbert de Haya, our Constable, knights, at Berwick-upon-Tweed, the 20th
day of December, in the 19th year of our reign."
The Earl of Moray, by daarter, A.D. 1329, confirmed the grant of
King Magnus to the Bishops of Sodor and Man. (See notes on § 3, and
on Title " Abbot" post.)
Subsequently King Robert Bruce made two successive grants of the
Island (1) to the Duke of Albany, and (2) to MartholLne, the King's
almoner. {Sacheverell 59.) The uncertainty as to the history of this
period is thus observed on by Sacheverell 60 : — "To say truth, we have so
little certainty of these times, that we rather expose their ignorance
than inform ourselves."
§8.
The date of the Earl of Salisbury's conquest, as given in the Chronicle
(8 Ed. m., 1335), differs from that gMg^by various historians. The
conquest appears to have been made soKSaiae between 1335 and 1343,
by Sir William Montague, or Montacute the second, the first Earl of
Salisbury. It must be admitted that there is considerable doubt as to
there having been two conquests of the Island fi-om the Scots by the
Montacute family ; but if it be true that a Sir WUliam Montacute
22 NOTES O::^ THE ClIEONICLE. — § 8, 9.
conquered tlie Island and mortgaged it to Anthony Beck, (who died
about 1310 or 1311), (see notes on § 6), and that Sir William Montacute
made a conquest of the Island in or after 1335, there must have been
two conquests, — the first of which would have been by Sir WiUiam
Montacute the first, son of Sir Simon, and the second by Sir WUliam
Montacute the second,. the grandson of Sir Simon.
The gi'ant by Edward III. to the Earl of Salisbury is supposed to
have been in confirmation of his alleged right to the throne of Man as
the lineal representative of Aufrica, daughter of Olave II. It is also
supposed to be probable that he united in his own person the rival
claims of Mary and of Aufiica, (see notes in § 5,) in this manner : —
(1) Mary, daughter of Reginald II., manied Sii* John de Waldeboef,
and by him had issue "William de Waldeboef, who had issue John de
Waldeboef, who ia 1304 claimed the Island in the English Parliament
(see notes on § 5), and who left issue a daughter, Maiy de Waldeboef,
who married Sir William Montacute II.
(2) Aufrica, daughter of Olave II., married Sir Simon de Montacute,
and by him had issue William de Montacute I., who had issue WUliam de
Montacute II., (first Earl of Salisbury,) who married Mary de Waldeboef.
The following is the translation of the grant of Edward III. to Sir
William Montacute II., taken from Mr. Cumming^s notes to Sacheverell
171. (See also 2 Oliver's Monmnenta 183.)
Anno 7, Ed. III. (1333). The King to all to whom these presents may come,
greeting. Know ye, that by the consent of the Prelates, Lords, Barons, and other
nobles, our assessors, we have remitted, surrendered, and altogether on our part, and
that of our heirs, assigned peaceful possession, to our beloved and faithful William de
Montacute, of all the rights and claims which we have, have had, or in any way could
have, in the Isle of Man, with all its appurtenauces whatever ; so that neither we nor our
heirs, nor any other in our name, shall be able to exact or dispose of any right or claim
in the aforesaid Island. In testimony w hereof witness the King at Topcliff, the ninth
day of August. By the King himself.
It is worthy of note that in this grant there is no reservation of any
service, to be rendered by the gi-antee to the King of England.
§9-
It is not cleai* when the Lord William Montague (second Earl of
Salisbury), named in this sectfib, siKjceeded his father, the first Earl, in
the kingdom of Man. Mr. Cminiinj, in his appendix to Bitshen Castle,
gives the date as 1388, and in. his notes to Saclieverell 170, as 1344.
The following is a translation of a record of the purchase of the
Island by Sir William Scroop, afterwards Earl of Wiltshire, given in
Sacheverell 61. (See also Oliver's Monmnenta 210.)
NOTES ON THE CHRONICLE. § 9, 10, 11. 23
William le Scroop buys of the Lord William Montacate, the Isle of Eubonia, that is,
Man. It is forsooth the law of that Island, that whoever may be the Lord thereof shall
be called King, to whom also appertains the right to be crowned with a golden crown.
It is presumed that tHs transaction of the sale of tlie Island and its
Royalties, must liave been -^vith the approbation of the English King
Richard II.
§ 10.
" This Sir WiUiam Scroop, afterwards Earl of Wiltshire, had all the
vices of a great statesman, subtle, fawning, false, designing, timorous,
unjust, covetous, and ambitious, and to support his own authority,
misled a weak prince into a separate interest from his people, which in
the end proved the mia of them both ; for the nobility, not able to
suppoi-t his insolence, rose against the King, though unsuccessfully,
among whom the* great Earl of Wai'wick, a time maintainer of the
English Kbei*ties, was banished to the Isle of Man, but soon after
recalled ; for the Duke of Lancaster (aftenvards King Henry IV,) land-
ing in England was universally received by the nobility and people, and
Sir William Scroop, Earl of Wiltshire, had his head struck off, without
any formal process, for misgoverning the King and Kingdom." —
Sacheverell 61.
§11.
The following is a translation of the grant of Henry lY. to the Earl
of Northumberland, anno 1 Henry lY. (1399). See Gibson's Camden's
Britannia, and 2 Olivei-'s Monumenta 215. The Chronicle appears to be
in error as to the date of the grant.
The King to all to whom, &c., greeting. Know that we inwardly reflecting on the
magnificent, and to us and our whole kingdom fruitful, and highly necessary labors, costs
and services, which our beloved and faithful kinsman, Henry de Percj', Earl of North-
umberland, for the extirpation and reformation of divers defects and errors, latelj' sprutia:
up in the kingdom aforesaid, and tending to the probable extinction and final destruction,
both as regards rulers, magistrates, and others of the nobility, as well as of the commu-
nity of the said kingdom, hath in many ways offered and performed, and unweariedly
doth show in our presence ever since we, by the guidance of God, with the premi?ed
object, arrived in the kingdom aforesaid. And being desirous, therefore, of conferring
some suitable recompense on our kinsman aforesaid, albeit not an unworthy one accor Hug
as his many and noble deeds impel us, — We have given and granted, of our especial
grace and certain knowledge, to the said Earl of Northumberland, the Island. Castle,
Peel, and lordships of Man, and all the islands and lordships appertaining to the said Isle
of Man, which belonged to Sir William le Scrop, deceased, whom in his life we lately
conquered, and so have decreed him conquered, and which by reason of that conquest, as
having been conquered, we seized into our hands. Which decree and conquest, as touch-
ing the person of the said William, and all his lands and tenements, goods and chattels,
24 NOTES ON THE CHEONICLE. — § 11.
as well within as without our said kingdom, in onr Parliament, by the assent of the Lords
temporal in the same Parliament assembled, at the petition of the Commons of our said
kingdom, are confirmed; to have and to hold to the said earl and his heirs, all the
Islands, Castles, Peel, and lordships aforesaid, together with the royalties, regalities,
franchises, liberties, seaports, and everything truly and properly belonging to the same,
homages, fealties, wardenships, marriages, reliefs, escheats, forfeitures, waifs, strays, courts
baron, views of frankpledge, leets, hundreds, wapentakes, sea-wreck, mines of lead and
iron, fairs, markets, free customs, meadows, pastures, woods, parks, chases, lands,
warrens, assarts, purprestures, highways, fisheries, mills, moors, marshes, turbaries,
waters, pools, vineries, ways, passages, and commons, and every other the profits, commo-
dities, emoluments, and appurtenances whatsoever to the Islands, Castle, Peel, and
lordship aforesaid, belonging or appertaining, together with the patronage of the bishopric
of the said Island of Man, also knight's fees, advowsons and patronage of abbies, priories,
hospitals, churches, vicarages, chapels, chantries, and every other ecclesiastical benefices
whatsoever to the said Island, Castle, Peel, and lordship in like manner belonging, of us
and onr heirs for ever, by service of carrying on the coronation days of us and our heirs,
at our left shoulder, and the left shoulders of our heirs, by himself, or a suflBcient and
honorable deputy, that naked sword with which we were girded when we landed in the
parts of Holdemesse, called the Lancaster sword, during the procession, and the whole
time of the ceremony of the coronation above mentioned, as fully, freely, and entirely,
(the service aforesaid excepted,) as the aforesaid William, or any other Lord of the said
Island held or might have possessed, the Islands, Castle, Peel, and lordships, with
everything before mentioned in times past.
We give, moreover, and concede to the said Earl, all the goods and chattels which
belonged to the aforesaid William, existing within the said Island of Man, and which
belongs to us by reason of the conquest before mentioned, to hold as our gift.
In testimony of which, &c., witness the King at Westminster, the 19th day of
October. By the King himself.
In this grant it is alleged that King Henry lY. had in the lifetime of
Sir WUliam Scroop conquered him, and that by reason of the conquest
the King had seized the Island into his hands ; and it would appear that
as there might be doubt as to the alleged conquest in a legal point of
view, the King decreed that Sir William Scroop was conquered, and
the conquest and decree as to his person, and real and personal estate,
both within and without the kingdom, were ratified and confirmed by the
Parliament. On this allegation Selden (p. 25, Oliver's Monunienta 108,
and extract from Selden contained in App. 2 to these Notes,) observes : —
Whereas indeed the conquest was no otherwise than that Sir William Scroop was
taken at Bristow, and beheaded by those which were of the part of this king, while he
was Duke of Lancaster, and made his way for the Crown. But it is not so much a won-
der to see him give it as a Territorie acquired by conquest, if withall it be remembered,
that he had a purpose to have challenged the crowns of England and Ireland by a title of
the sword, and not by inheritance. But he was dissuaded from that claim by Sir William
Thirning, Chief Justice of the Common Pleas, who was imploied under him in his greatest
aflEaires of State, and thence was it also that to give some satisfaction to the Parliament
NOTES ON THE CHRONICLE. § 11. 25
that doubted it, he made a publique protestation that he would not that any man should
thinke that by way of conquest he would disinherit any man of his heritage, franchis, or
other rights, &c., and therefore also he claimed the crown by pretence of hereditaria
discent. But for the title to the Isle of Man he altered not his purpose, it seems, nor
did he continue in it without the consent of the Parliament that thus affirmed it to be by
coiiquest.
The following references to the proceedings of the Parliament in the
fii'st yeai- of Henry IV. (abridged from the Printed Rolls of Parliament),
are taken from Tmnlin's Statutes at Large, vol. I, p. 519 : —
Immediately it appearing from the premises, and by reason thereof, that the kingdom
of England with its appurtenances was vacant [viz., by the deposition of Richard II.] Henry
Duke of Lancaster challenged the said kingdom of England, so as aforesaid vacant, together
with the crown and all its members and appurtenances, in a short speech in English.
After which challenge and claim the Lords Spiritual as well as Temporal, and all the
States there present, singillatim et communiter, being asked what they thought of the
said challenge and claim, the said Estates, eum toto populo, without any difficulty or
delay, unanimously consented that the said Duke should reign over them ; and the Duke
(thereupon shewing the signet of King Richard, delivered to him as a sign of his wishing
him to be his successor,) was led by the Archbishop to the Throne, and placed by him
thereon, populo pre nimio gaudio fortiter applaudante. After which the Archbishop
made the sermon or address alluded to by him at the opening of this Parliament, and the
King delivered a short address of thanks to the Lords Spiritual and Temporal, and the
Estates of the land, declining all Eight of Conquest, except as to those who had been
against the common profit of the Realm. (Page 520.) On Petition of the Commons.
— Proceedings against William Scroope, Henry Green, and John Bussey, declaring all
their Lands and Tenements forfeited to the King by Right of Conquest, as those whom
the King held guilty of all the evil that had happened to the realm. This forfeiture
was affirmed by the Lords, with a saving of Trust Estates, and a declaration that the
Statute (34 E. III., c. 12) concerning forfeitures should remain in force.
By this statute of 34 Ed. III. provision was made, that there should be
no forfeiture of lands for the treason of persons dead, unless attainted
in theii' lives. The only strict sense in which the seizure of the
Island by Henry lY. could be designated a conquest, was so far as
the word conquest signifies an acquisition gained otherwise than by
inheritance.
What we call purchase, perquisitio, the feudists called conquest, conquaestus, or
conquisitio ; both denoting any means of acquiring an estate out of the common course
of inheritance. And this is still the proper phrase in the Law of Scotland, as it was
among the Norman jurists, who styled the first purchaser (that is, he who brought the
estate into the family which at present owns it,) the conqueror or conquereur, which
seems to be all that was meant by the appellation which was given to WiUiam the Nor-
man, when his manner of ascending the throne of England was, in his own and his suc-
cessors' charters, and by the historians of the times, entitled conquaestus, and himself
conquaestor or conquisitor, signifying that he was the first of his family who acquired
26 NOTES ON THE CHEONICLE. — § 11.
the crown of England, and from whom therefore all future claims by descent most be
derived ; though now, from our disuse of the feodal sense of the word, together with the
reflexion on his forcible method of acquisition, we are apt to annex the idea of victory to
this name of conquest or conquisition, a title which however just with regard to the
crown, the conqueror never pretended with regard to the realm of England, nor in fact
ever had. (2 Slackstone's Commentaries 242.)
Althougli Paiiiament declared the acquisition of the Island to be a
conquest, it is manifest from the reservation of the House of Lords, that
they considered the acquisition by the King was more in the nature of a
forfeiture for treason, than a conquest by the sword, and they guard
against the act of forfeiture as for treason, the traitor not being attainted
in his lifetime, being made a precedent for the future. At the same
time if Sir William Scroope were guilty of treason, it was against Richard
II., who was in fact deposed by Henry IV., he being himself neither
more nor less than a successful traitor. The confirmation by Parlia-
ment of the acquisition as a conquest, could have no effect further than
as an enactment, that the property and possessions of Sir William Scroop
should be dealt with as if they had been acquired by conquest j it could
not in reality make that a conquest which was not one.
The Chronicle is incorrect as to the impeachment and death of the
Earl of Northumberland. The rising against Henry IV. in 1403 virtually
terminated in the battle of Shrewsbury, in which battle Henry Percy
(sumamed Hotspur), son of the Earl, was slain, and Robert Percy, Earl
of Worcester, uncle of Hotspur, was taken prisoner, the latter being
afterwards beheaded. The Earl of Northumberland was not personally
engaged in the battle, he having been detained by illness at Bei-wick.
{Hume's History of England, chap. 18). By Act of. Parliament, 5 Henry
IV. (1404) cap. 1, the property of Hotspur, of his uncle the Earl of Wor-
cester, and of other traitors engaged in the battle of Shrewsbury, was
declared to be forfeited. (1 Statutes at Large by Tomlins 547). The Eai-1,
after the battle, submitted to the King and was pardoned, {Hume, chap.
18,) but it would appear that although he was not attainted, his property,
or at any rate the Isle of Man, was seized to the King's use, and the
Island was not restored to him on his submission. The following is the
King's commission, issued under the great seal, for the seizure of the
Island. (2 Oliver's Monumenta 228.)
Kespecting the taking and seizing of the Castle and Island of Man into the hands of
the King.
6 Hen. IV. (14,05).— The King to his beloved and faithful John Stanley and William
Stanley, greeting,
Know, &c., that so far as above severally relates to the taking and seizing of the
Oastle and Island of Man, with its appurtenances, into our hands.
NOTES ON THE CHRONICLE. § 11. 27
Aud respecting which, when they shall have been so taken and seized into our hands,
safely and securely, that ye hold the same as long as ye have things in charge from us,
to keep in our name.
Therefore we command you, and each of you, as far as relates to the foregoing, &c,,
and the aforesaid things as above set forth, &c.
And we give to all and to every, our honest and faithful men in the Island aforesaid,
and to you and each of yon, &c., as above. Witness as above.
In 1405 Henry IV. gi-anted the Island to Sir John Stanley for life.
By this gi-ant, -whicli is recited in the grant of 1406 (see Notes on § 12),
it is declared that the Island, &c., " were possessed by the aforesaid Earl,
who against us and his allegiance traitorously rose up, and which
appertained to us both by confiscation, as well as by reason of the for-
feiture of the same Eail." The absolute grant of 1406 was made very
shortly after that for life. In 1405 the Earl, with Lord Bardolf and
others, was again in rebellion against the King. In 1 Tomlins' Statutes
at Large, p. 555, are the following references to the printed Bolls of
thrliament, 7 Henry IV. (1406) : — " The Record of the Process against
Henry Percy, Eai-1 of Noi-thumberland, and Thomas Bardolf, Lord Bai--
dolf. — The Process against these noblemen in the Court of Chivalry,
before the Constable (in An. 6 H. 4) for having appeared in arms against
the King, and for having treated with Scotland and France for the
restoration of King Richard II. if living, or revenging his death, if dead,
is recited before Parliament, and thereupon several proclamations for
the appearance of the accused are ordered to be made, and being made
and returned, both the noblemen making default in appearance, are
declared convict of treason, and sentenced accordingly." By an Act of
the same year, (7 Heniy IV., 1406, cap. 5,) provision was made that any
property of which the Eai'l of Northumberland and Lord Bardolf were
seized, to the use of others, should|M;)t be forfeited to the King, but
declaring all lands of which they were seized to their own use to be for-
feited. (1 Tomlins' Statutes at Large 557.)
The circumstance of the grant of the Island to Sir John Stanley before
the attainder of the Earl, rendered the title of the Stanley famUy of
doubtful legality. The defect does not appear to have been observed
until the reign of Queen Elizabeth, when a dispute arose between the
heii- male and the heirs general of Ferdinand, the eighth Lord of Man of
the Stanley liae, as to the right to the Island. The title of the Stanley
family to the Island was examined by referees appointed by the Queen,
and amongst other things they resolved : — " That seeing no office
could be foirnd to entitle the King to the forfeiture for treason, that the
King might grant by Commission under the Great Seal to seize the same
28 NOTES ON THE CHRONICLE. — § 11, 12.
into the King's hands, &c., which being done and returned of record is
sufficient to bring it into the King's seisin and possession, and into
charge, &c." (See Notes on § 20, and Appendix No. 2 to these notes.)
The Earl of Northumberland and Lord Bardolf were slain in an
engagement at Bramham in 1407. {Hume, chap. 18.)
§ 12.
King Henry IV. in 1405 granted the Island to Sir John Stanley for
life. The gi'ant was surrendered, and the King in 1406 made a new
gi-ant to Sir John and his heirs. The Chronicle gives the date as 1403,
which appears to be incoiTect. The following is Dr. Oliver's translation
of the gi-ant of 1406, in which the grant for life is recited. (2 Oliver's
Monvmenta 235, and as to legality of the grant see Notes on § 11 and 20.)
Charter of Henry IV. to Sir John Stanley.— A.D. 1306. (7 Hen. IV.)
The King, to all to whom, etc., greeting. Know that whereas we, on the nineteenth
day of October, in the first j'ear of our reign, of our special gi'ace and certain knowledge,
had given to Henry de Percy, Earl of Northumberland, the Island, Castle, Pele, abd
lordship of Man, and all the Islands and lordships to the same Island of Man belonging,
which were possessed by William Lescrop, chivalier, whom lately in his life we conquered,
and decreed him to be so conquered, and which, by reason of that conquest, as well as of
the conquest we took into our hand ; which said decree and conquest in our present
Parliament, in the first year of om- reign, by the assent of the Lords Temporal in the
same Parliament, as regards the person of the aforesaid William, and all his lands and
tenements, goods and chattels, as well within our said kingdom as without, at the suppli-
cation of the Commons of our said kingdom were affirmed ; To have and to hold to the
said Earl and his heirs, all the Islands, Castle, Pele, and loidship aforesaid, together with
the royalties, regalities, franchises, liberties, seaports, and all things to a port reasonably
and duly belonging, the homages, fealties, wardships, marriages, reliefs, escheats, forfei-
tures, waifs, strays, courts baron, views of frankpledge, leets, hundreds, wapentakes, sea-
wrecks, mines of lead and iron, fairs, markets, free customs, meadows, pastures, woods,
parks, chases, lands, warrens, assartijpnrprestures, highways, fisheries, mills, moors,
marshes, turbaries, waters, pools, vivaries, ways, passages, commons, and other profits,
commodities, emoluments, and appurtenances whatsoever to the Islands, Castle, Pele, and
lordship aforesaid in anywise pertaining or belonging, together with the patronage of the
bishopric of the said Island of Man, and also knights' fees, advowsons and patronage of
abbies, priories, hospitals, churches, vicarages, chapels, chantries, and all other ecclesias-
tical benefices whatsoever to the same Islands, Castle, Pele, and lordship likewise apper-
taining, of us and our heirs for ever, by the service of carrying on the coronation days of
us and our heirs, during the procession, and the whole time of the solemnization of the
coronation abovesaid, on the left side of us and our heirs, during the procession, and the
whole time of the solemnization of the coronation abovesaid, on the left side of us and our
heirs, by himself or his sufficient and honourable deputy, that naked sword called Lan-
caster sword, with which we were girded when we landed in the parts called Holdernesse,
as fully, freely, and entirely, (except as to the service aforesaid,) as the aforesaid William,
NOTES ON THE CHRONICLE. — § 12. 29
or any other lord of the same Isle hath better had and held the said Islands, Castle, Pele,
and lordship, with all things aforesaid in byegone times. And Lord Richard, late King of
England, the second after the conquest, by his letters patent, which were confirmed by us
on the third day of November, in the first year of our reign, by his special grace, with
the assent of his council, grants to his well-beloved and faithful knight John de Stanley
the payment of one hundred marks each year, on the festivals of Easter and Michaelmas,
in equal portions, during the whole life of the said John ; and also both by letters of the
late king himself, as well by our letters of confirmation recorded in our chancery, we
have conceded to the said John, the Castle, Pele, and lordship aforesaid, and all the Islands
and lordships to the same Island of Man belonging, which were possessed by the aforesaid
earl, who against us and our allegiance traitorously rose up ; and which appertained to us
both by confiscation, as well as by reason of the forfeiture of the same earl ; To have and
to hold to the same John for the term of his life, all the Islands, Castle, Pele, and lordship
aforesaid, together with the royalties, regalities, franchises, liberties, fees, advowsons, and
patronages, and all others abovesaid to the same Island, Castle, Pele, and lordship likewise
belonging, as fully, freely, and entirely as the beforesaid Earl or any other Lord of the
same Island of Man better had or held of the Islands, Castle, Pele, and lordship, with
all things abovesaid in times past, according to our letters to the same John respecting
the beforesaid Islands, Castle, Pele, and lordship in this respect is more fully set forth.
And inasmuch as the said John has restored to us our said letters recorded in our chancery
to be cancelled, we, of our special grace and certain knowledge have given and conceded
to the same John, the Island, Castle, Pele, and lordship beforesaid, and all the Islands and
lordships to the same Island of Man belonging, not exceeding the value of four hundred
pounds per annum, to have and to hold to the same John, his heirs and assigns, all the
Islands, Castle, Pele, and lordship aforesaid, together with the royalties, regalities, fran-
chises, liberties, seaports, and every other thing to a port truly and duly belonging, with
the homages, fealties, wards, marriages, reliefs, escheats, forfeitures, waifs, strays, courts
baron, views of frankpledge, leets, hundreds, wapentakes, sea-wrecks, mines of lead and
iron, fairs, markets, free customs, meadows, pasturages, woods, parks, chases, lands
warrens, assarts, purprestures, highways, fisheries, mills, moors, marshes, turbaries, water
pools, vivaries, ways, passages, and commons, and all other profits, commodities, and
emoluments appertaining whatsoever to the Islands, Castle, Pele, and lordship aforesaid, or
in anywise pertaining or belonging to it; together with the patronage of the bishopric of
the said Island of Man, also knight's fees, advowsons, and patronage of abbies, priories,
hospitals, churches, vicarages, chapels, chantries, and all other ecclesiastical benefices
whatsover, to the same Islands, Castle, Pele, and lordship belonging, of us and our heirs
for ever, for the homage, allegiance, and service of rendering to us two falcons^ on one
occasion only, namely, immediately after making homage of this kind, and rendering to
our heirs, future kings of England, two falcons on the days of their coronation, in lieu of
all other services, customs, and demands, as freely, fully, and entirely as the said William
or any other lord of the Island aforesaid, with the Islands, "fcastle, Pele, and lordship
belonging thereto, together with the royalties, regalities, franchises, liberties, seaports,
and everything to a port reasonably and truly belonging, the homages, fealities, wards,
marriages, reliefs, escheats, forfeitures, waifs, strays, courts baron, views of frankpledge,
leets, hundreds, wapentakes, sea-wrecks, mines of lead and iron, fairs, markets, free cus-
toms, meadows, pasturages, woods, parks, chases, lands, warrens, assarts, pnrprestnres,
30 NOTES ON THE CHRONICLE. — § 12.
highways, fisheries, mills, moors, marshes, turbaries, pools, vivaries, ways, passages, and
commons, and all other profits, commodities, emoluments, and every other thing belong-
ing to the Islands, Castle, Pele, and lordship aforesaid, in any manner appertaining or
belonging, together with the patronage of the bishopric of the said Island of Man, also
knights' fees, advowsons, and patronage of abbies, priories, hospitals, churches, vicarages,
chapels, chantries, and all other ecclesiastical benefices whatsoever to the same Islands,
Castle, Pele, and lordship likewise belonging, as he was accustomed to freely have and hold
in times past, the said homage, allegiance, and rendering of falcons always excepted ; We
willing, nevertheless, and conceding that whensoever the said John or his heirs, or their
assigns, shall happen to die, whether of full age or under, then those heirs existing
immediately after the death of the said John, his heir% or assigns, or their heirs and
assigns, from time to time for ever shall succeed, namely, whichever of them immediately
after the death of him to whom by hereditary right, or any other manner, shall succeed
to the Islands, Castle, Pele, and lordship aforesaid, with their appurtenances, together with
the royalties, regalities, franchises, liberties, sea ports, and all and every other thing to a
port reasonably and duly belonging, the homages, fealties, wardships, marriages, reliefs,
escheats, forfeitures, waifs, strays, courts baron, views of frankpledge, leets, hundreds,
wapentakes, sea-wrecks, mines of lead and iron, fairs, markets, free customs, meadows,
pastures, woods, parks, chases, lands, warrens, assarts, purprestures, highwa3's, fisheries,
mills, moors, marshes, turbaries, pools, vivaries, ways, passages, and commons, and all
other profits, commodities, emoluments, and appurtenances whatsoever to the Islands,
Castle, Pele, and lordship aforesaid, in anj' manner appertaining or belonging, together
with the patronage of the bishopric of the said Island of Man ; also knights' fees,
advowsons, and patronage of abbies, priories, hospitals, churches, vicarages, chapels,
chantries, and all other ecclesiastical benefices whatsoever to the same Islands, Castles,
Pele, and lordship similarly belonging, shall successively enter upon and peacefully hold
possession for himself, his heirs and assigns, of us and our heirs, by the homage and
allegiance of the said service of rendering two falcons on the aforesaid coronation days
only, in lieu of all other services, customs, and demand, without any seisin or sequestra-
tion of the same into the hands of us and our heirs, by reason of the homage aforesaid, or
on account of auy other lands and tenements which the beforesaid John otherwise holds
of us, or himself, or heirs, or assigns aforesaid, hold or shall hold of us or our heirs, by
reason of their minority or the minority of any of them, and without any other profits
commodities, exactions, customs, or demands, by us or our heirs aforesaid, of John him-
self, or his heirs or assigns, by way of reason, occasion, pretext, or colour of homage or
homages, of the Islands, Castle, Pele, and lordship aforesaid, from this time to be taken or
exacted, or in any manner challenged for ever, without us or our heirs having taken in
marriage the heir or heirs of the said John, or of their heirs, on any occasion, pretext, or
reason, of the Castle, Pele, lordship, homages, or returns aforesaid, or of our heirs having
it in future in any waj-. Moreover the said John Stanley holds for the term of his life,
as the gift and concession of our dearest first-bom Henry, Prince of Wales, the keeper-
ship of the Forest of Macclesfeld de la Mare and Moudrem, with the fees and profits to
the same keepership appertaining, to the value of one himdred marks yearly, and twenty
pounds per annum, for the term of his life, to be taken out of the issues and profits of the
city of Chichester, the grant of our predecessor Lord Richard, the late King of England,
notwithstanding. In testimony of which witness the King, at Westminster, the 6th day
of April. By Writ of Privy Seal.
NOTES ON THE CHRONICLE. § 12, 13, 31
. It would appear that Sir John Stanley I., the first King or
Lord of Man under the foregoing grant, never visited the
Island.
He was the second son of Sir William Stanley. The honor of knight-
hood was conferred on him by King Edward EH. King Richai'd 11.,
dr. 1379, appointed him Governor or Lieutenant of Ireland, ia which
office he continued until 1389. In 1390 he was appointed Lord Justice
of Ireland, and ia 1395 the King made him Constable of Roxburgh
Castle in Scotland. He was soon afterwai'ds again appointed to the
Government of L'eland, where he continued until the accession of Heniy
rV., who in 1400 appointed him Lord-Lieutenant of Ireland. He was
shortly afterwards recalled from Ireland to assist the King in a time of
rebellion, and he was appointed Steward of His Majesty's Household.
In 1405 Sii* John was appointed Attorney-General to the King's younger
son Thomas, Earl of Lancaster, when made Lord-Lieutenant of Ireland.
In 1408 the King appointed Sii* John constable of Windsor Castle, and
made him a Knight of the Garter. He was again appointed Lord
Lieutenant of Ireland in 1413 by King Henry V. He died in Ireland on
January 6, 1414, being the ninth year of his reign as King or Lord of
Man. {Seacome 13 — 20.)
§13.
Sii* John Stanley II., the second King of Man of the House of Stanley,
was about twenty-three or twenty -four years of age when he succeeded
his father the first king in 1414. He was at an eai-ly age made Steward
of the Household of King Heniy VI., and in 1427 he was made Constable
of Camai-von Castle in Wales. In 1439 he was appointed Governor of
Camai-von, and Constable of the Castle there, and Sheriff of Anglesea for
hfe. The King also conferred on him the honour of knighthood. Shortly
before his death he was appointed one of the Judges itinerant for the
County of Chester. He died dr. 1432, having reigned as King of Man
about eighteen years. {Seacome 27, 28.)
He visited the Island in 1417, and again in 1422. In 1417 he held a
Court of Tynwald at the Tynwald Hill, St. John's, when the ancient
mode of holding a Tynwald was declared, and certain old customary laws
were declared and confinned. (Mills 1.) In 1422 he held a Court at the
Hill of Reneurling (Cronk Urleigh) in Kirk Michael, when the barons
of the Island were called to do homage to him as king. {Mills 8). He
also held a Tynwald at Castle Bushen, when certain customary laws
were committed to writing.
32 NOTES ON THE CHRONICLE. — § 14, 15.
§14.
The Olironicle and Sir E. Coke (see App. No. 2 to Notes) appear to
liave been botli in error in naming the third King of the House
of Stanley Hennj. According to Seacome (29) and Burke's Peerage
(287) his name was Thomas, and this is the name given by the other
historians.
Thomas I. succeeded his father the second King cir. 1432, having pre-
viously had the honour of knighthood conferred on him by King Henry
VI. In 1432 he was made Lieutenant of Ireland, and soon afterwards
Comptroller of His Majesty's Household. In 1440 he was appointed
Deputy to the Earl of Suffolk, the judge of Chester, and in 1441 he and
another were appointed by the same Earl Lieutenant- Justices of Chester.
In 1448 Sii* Thomas and others were commissioned by the King to treat
with the Scots for a truce, and in 1449 he was appointed one of the con-
servators of the tmce. In 1450 he, with others, was put in commission
for the defence of Calais, and in 1451 he was again appointed a conser-
vator of the truce with Scotland. In the same year he was made sole
Judge of Chester, and in 1452 he was commissioned to treat for a new
truce with Scotland. In 1456 he was created Baron Stanley, and made
Lord Chamberlain of the King's Household. In 1457 he was appointed
one of the Council to Edward, Prince of Wales, and in 1460 he was
again appointed one of the ambassadors to treat with those of Scotland.
He died in 1460 ; being the twenty-eighth year of his reign as King of
Man. {Seacoms 29, 30.)
There is no account of his having visited the Island.
§15.
Thomas 11., the second Lord Stanley and fourth King of Man of the
House of Stanley, succeeded his father the third king in 1460. He was
made Judge of Chester in 1472. In 1483 King Richai-d III. made him
Constable of England for life, and installed him a Knight Companion of
the Gaa-ter. In 1485 his step-son King Henry YII. created him Earl of
Derby, and constituted him one of the Lords Commissioners for execut-
ing the ofl&ce of Lord High Steward of England at the coronation of the
King, and in 1488 he filled a like oflB.ce at the coronation of Elizabeth,
the Queen Consort. In 1486 a new grant was made to bim of the oflice
of Constable of England for life, and in 1487 he was one of the godfathers
to Prince Ai-thur, the eldest son of Henry YII. In 1496 he was one of
the guarantees of peace between the King and the Arch- Duke of Austria,
and one of the Lords assenting to the peace made with France. He died
NOTES ON THE CHRONICLE. & 15, 16. 33
in 1504; being tlie forty-fourtli year of his reign as King of Man.
{Seacome 30 — 33, 37.) It does not appear tliat lie ever visited the
Isle of Man.
The succession is traced through his son George, who was his third
son, the two elder sons having died young and without issue. George
was maiTied to Joan, the only daughter and heiress of John, Baron
Strange of Knocking, and in right of his wife he had a summons to
Parliament as Baron Strange. He died in 1497. {Seacome 35, 36.)
§16.
Thomas III., the second Earl of Derby and fifth King of Man of the
House of Stanley, son of George, Loi'd Strange, succeeded his grandfather
the foui-th king in 1504. In 1508 he with other nobles became bound for
the due pei-fonnance of the maniage contract of Mary, third daughter of
Henry YII., and the Prince of Spain. In 1514 he attended Henry VIII.
in his expedition to France, and in 1521 he was one of the peers who sat
on the ti-ial of the Duke of Buckinghame. He died 24th May, 1521,
being the seventeenth year of his reign as King or Lord of Man. {Sea-
come 37, 42, &c.)
According to Train (Vol. I., p. 167) he visited the Island in 1507, but
this is by no means certain. During the reign of Edwai'd IV. he dropped
the title of King, and made use of that of Lord of Man and the Isles, the
title continued by his successors. Two reasons .for the change of title
are alleged, — (1) that as the Island was granted to the Stanley family by
Heniy IV., the chief of the House of Lancaster, it was prudent and
politic to drop a title which might occasion jealousy and mistrust on the
part of Edward IV., the chief of the House of York ; and (2) that it is
not fit for a King to be subject to any but the King of Kings, — that it
doth not please a King that any of his subjects should affect that title,
and that to be a great Lord is more honorable than a petty King.
{Seacotne 43, 132) The change of title did not of course derogate from
the Sovereign rights of the Lords, or affect tlie relationship between
them and their subjects.
On the decease of Thomas, the second Earl, his widow Ann, Countess
of Derby, claimed dower in the Isle of Man. The case is reported by
Kelway, Michaelmas 14 Heniy VIII., (1523,) and is cited in 4 Coke's
Institutes 201, to the following effect : —
An ofiice was found that Thomas, Earl of Derby, at the time of his
death was seized of the Isle of Man in fee, whereupon the Countess his
wife, by her counsel, moved to have her Dower in the Chancery ; but it
was resolved by Brudenole, Brooke, and Fitzherbert, Justices, and all
c
34 NOTES ON THE CHRONICLE. — § IC, 17, 18.
the King's Cotmsel, tliat the office was merely void, because the Isle of
Man was no part of the Realm of England, nor was governed by the
Law of this- Land ; and the Statute de donis, of Uses, and of Wills, nor
any other general Act of Parliament did extend to the Isle of Man, but
by special name an Act may extend to it. (See Appendix No. 2 to these
Notes.) This decision was adverse to the claim for Dower. It is diffi-
cult to understand how the widow of a deceased Sovereign could have
dower in the Sovereignty.
§17.
Edward, the third Earl of Derby and sixth Lord of Man of the House
of Stanley, succeeded his father the fifth Lord in 1521, he being then a
minor of the age of fourteen years. By the will of his father, the
Governor and the civil authorities in the Island were to be continued in
office during the minority of Edward, his affairs being managed by the
Executors and Supei'visors named in his father's will, among whom
were Cardinal Wolsey, Ai'chbishop of York and Lord High Chancellor
of England, and the Bishops of Exeter, Chester, and Man.
Edward became of full age in 1528, when he was one of the principal
persons appointed to attend Cardinal Wolsey on an embassy to France,
touching the making war in Italy for setting fi-ee Pope Clement VII.,
then a prisoner. In 1530 he was one of the peers who subscribed the
declai'ation to Pope Clement "VII. that if he refused his confinnation of
the divorce of Queen Catherine, his supremacy in England would be in
danger, and that a remedy must be sought elsewhere. In 1532 on the
occasion of the coronation of Queen Anne Boleyn, he was made a Knight
of the Bath, and after the ceremony he became her cup-bearer. On the
accession of Edward YI. in 1547, he was made a Knight Companion of
the Garter, and in 1550 he was one of the Peers who were parties to the
Articles of Peace with the Scots and French. In 1553 he was appointed
Lord High Steward of England on the occasion of the coronation of
Queen Mary. In 1558 the office of Chamberlain of Chester was conferred
on him, and in 1559 he became one of the Privy Cotmcil of Queen
Elizabeth. He died 24th October, 1572, in the fifty-second year of his
reign as Lord of Man. It does not appear that he visited the Island.
{Seacome 44 — 51.)
§18.
Henry, the fourth Earl of Derby and seventh Lord of Man of the
House of Stanley, succeeded his father the sixth Lord in 1572. He was
by Queen Elizabeth made a Knight of the Garter, and he was at the
NOTES ON THE CHRONICLE. § 18, 19, 20. 35
i *
head of the Commission sent to Flanders to treat of a peace with the
Piince of Parma, on behalf of the King of Spain. Soon afterwards he
was honored by the Queen to carry the ensigns and invest the King of
France with the Order of the Garter. In 1564 he was appointed to
attend the Qaeen on her visit to the University of Cambridge, and again
in 1566 on her visit to the University of Oxford, on which latter occasion
the degree of M.A. was conferred on him. He and other Peers were the
Judges for the trial of Mary, Queen of Scots, and he was constituted
Lord High Steward of England for the trial of Philip, Earl of Arundel,
for treason. In 1588 he was appointed Lord Chamberlain of Chester.
He died 21st September, 1594, in the twenty-second year of his reign as
Lord of Man. (Seacome 61, 62.)
Earl Henry visited the Island in 1577. He presided at the Common
Law Coiu't held in May, and at a Tynwald Court held at St. John's on
the 13th July, 1577, at which court the Bishop did homage for his
Barony. (^Liber Plitor. 1577.) He was also present at a Tynwald Court
held on the 24th June, 1583. (See Abstract, title " Salmon," post.)
§19.
Ferdinand or Ferdinando, the fifth Earl of Derby and eighth Lord of
Man of the House of Stanley, succeeded his father the seventh Lord in
1594. He died from the effects of poison in May, 1595, in the first year
of his reign as Lord of Man. {Secicome 63, 64.) It does not appear that
he visited the Island.
§«>•
Ferdinand, the eighth Lord of Man, on his decease left issue three
daughters, — Anne, of the age of thirteen, afterwards wife of Grey
Bridges, Lord Chandoys ; Frances, of the age of eleven, afterwards wife
of Sir John Egerton ; and Elizabeth, of the age of seven, afterwards
wile of Henry, Earl of Huntingdon ; there being no male issue. {Seacome
64.) A question was raised between these daughters as heu's general,
and William, the sixth Earl of Derby, as brother and heir male of the
deceased Ferdinand, as to the right to the Island. Queen Elizabeth,
Rei^n of pending the settlement of the dispute, took possession of
Queea the Island, — the following being her Order for the assump-
Elizabeth. .(.^qj^ q£ such possession, and appointing Sir Thomas Garrett
or Gerrard (afterwards Lord Gerrai'd,) Governor or Captain. (Liber
Cancellar. 1595, No. 34.)
36 NOTES ON THE CHRONICLE.— § 20.
Elizabeth R : By thaQueene.
Trusty and wellbeloved we greeteyou well. Forasmuch as synce the death of Randulph
Stanley, appoynted Captaine of the Isle of Man by our Cosen Fferdinando, the late Earle of
Derby deceassed, the said Isle hath remained without a Captaine, whereby the place is un-
provyded of some superior person above the rest, to command such forces as are appointed
for the resysting of any sodanne attempt by the enemies, the same place having bene longe
shott att, (as by dyvers adv^tisements is dayly confirmed) : And where in regard of the
questyon yet undetermyned betweene the Earle that now is, and the heires generall of his
brother yt is uncertaine by w'^'' of them the Capten should be appoynted. We have
thought fitt for avoyding any prejudice to that place by such default, to take the care and
proteccon of the same untill the matter may be decyded to w'** of them the right
doth appertaine, w*"^ will easylie appeare after some convenyent tyme, that an exact perusall
may be made of the evidences. We therefore having good experience of the valour and
fidelity of this gent our servant S' Thorns Garrett Knight, and knowing that he is fittest
in regard of his habitacon in those partes, upon all occasions to comand any forces or suc-
cours, wci^ might be sent by us at any tyme, in case of extremytie to defend the same ;
Wee have comanded him to make his speedy repaire to that Island, and there upon confer-
ence had with you to consider and putt in execution what is fitt to be done for the better
securitie of the place, the rather for that Wee are informed that the forces are but meanely
provyded, either of necessaries or souldiers of any experyeuce to defend it with ; being fitt
in all places of such consequence, specially at these tymes, to be duely reformed, and being
that w'='' doth concerne us in bono' and you in yo' safeties of lyves and fortunes, We have
thought yt our parte to comand you and everj' of you to be assistante to our said servant,
and both to advise with him and to followe his dyreccon, whose experience and discreccon
we knowe to be such as he will no way move j^ou to any thiuge unnecessarie or inconve-
nient, neither will in any sort ofier to disturbe or inovate the civil government of the
contry and people, nor any way seek to wrest their usuall coust^tucons propper and belong-
ing to the same : but with all love and kyndness there remaine under us as other Captens
have done under the former Earles, until the tytle be so determyned, as by the parties to
whom the right apperteyneth, some other course may be taken : In consideration whereof,
we do assure ourselves of that obedience and conformytie in you and every of you, towards
this gent now appoynted Capten, w'^^ agreeth w"* yo' p'sent daties^ and may confirme yo"^
former love and loyalty to us, for wcii We ever have esteemed you, and mil take no lesse
regard of your weldoing than those that ly ve day lie neerer us, w herein you may approve and
comfort yo'selves at all tymes in spyte of any proude or vaine boastes of our enemies, for
whose malicious and vaine attempts we haye bene ever to their own shame and confusiou
sufficiently provj-ded. Given under our Signet at our Manor of Greenwiche the first day
of August in the xxxvij"^ year of our reigne, 1595.
To our trustie and welbeloved the Receyvers, Comptroller,
Demsters, and other the Officers in the Island of Mann.
It is probable that Queen Elizabeth took the charge of the Island at
the instance of Eai-1 William, and of Alice, the widow of the late Earl
Ferdinand, on behalf of her three infant daughters, as on the same day
and from the same place, they issued to the Officers in the Island the
following letters. {Liber Cancellar. 1595, No. 36.)
NOTES ON THE CHRONICLE. § 20. 37
After pur very harty coramendacons : Forasmuch as by the death of Ferdynando the
late Erie of Derby, the beloved brother of me the present Erie, and dearest husband of me
the Countesse, there is some questyon risen to whom the possesson of that Island of Mann
in right is descended, whether to me his brother, or to the heires genrall of my husband
so deceassed, bv reason of wcii incerteinty the Island hath remayned for a longe lyme
unprovyded of a Captaine ; And seeing it hath pleased Her Most Excellent Ma*'^ our gra-
cious Severeigne, to vouchsafe in the meane tyme in regard of hir pryncely care of that
Island and people, to spare a servant of her own, S"^ Thomas Garrett, Knight, a gent of good
repatacon and experience, and borne neere those partes, to repair thither for the better
safetie and government of that place, and hath for that purpose written her owne pryncely
letter unto you that have the charge of the Isle : Althoughe we are not so ill advised, as
to doubt of your ready and obedient couformitie to Her Ma*'"* pleasure, whose authoritie is
absolute over us all, yet could we nott forbeare for further demonstracon of our duties and
thankefulnes to Her Mat'e for this great favour, to reqnyre and charge j'ou by all the
interest that any of us or oures either have or can have in yo' loves and duties, that
you do so conforme yo'sel ves to this gent during his residence amongst you, as that he may
neither fynd you backeward or frowaid in anything wherein he shall advise or direct you
for the good of the Isle, nor yet her Ma''« have cause to repent her of this Her gracious
proceeding wti» you, for which both we and you are infynitely bounden unto her. And
thus referring the rest to her Ma"®" letters by which you are to be wholly directed, we
commit you to God's proteccon. From the Court att Greenwiche the first of August,
1595.
Yo^ very loving and assured friends,
WILL: DERBY. AL: DERBY.
To our very loving frieudes the Receyvers, Comptroller,
Deemsters, and other the Officers in the Island of Manu.
In the following year Peter Legh, Esq., was appointed Governor
or Deputy-Governor of tlie Island, during the absence of Sir Thomas
Gerrard, by the following letters, issued on behalf of the Queen by Sir
Thomas Egerton, Knight, Lord Keeper; Thomas Sackville, Lord Buck-
hurst, Lord High Treasurer ; and Lord Hunsdon, Lord Chamberlain of
the Household. {Liber Scaccar. 1596, No. 27.)
After our hartie comendacons. Whereas yt pleased her Matie to signifie her pleasure by
her I'res bearing date at Grenevvich the first of August 1593, that forasmuch as since the
death of Randulph Stanley late Cap" of the Isle of Man, the sayd Isle hath remayned
w'hout a Capn, whereby the place being unprovided of some superior person, to coraand
such forces as are appointed for resisting any sodeyn attemptes by the enemye, the same
havirlg beene longe shott at, her Highnes, as well in her princelie care to prevent such
dangers, as also in regard of the question not yet determined between the Earle that nowe
is, and the Heires generall of his brother, (to w'^'* of them in right the nominatinge and
appointing of the sayd Cap" should appertayne,) thought good in her wisdome to take
proteccon of the Isle untill the controversie might be decyded, to w'** of them the true
right belonged : And thereuppon for the good experience of the valor and fidellitie of her
servant S' Thomas Gerrard, Knight, (as fittest in regard to his habitacon in those partes as
for divers other good respectes,) her Ma"'' comanded him to make his speedie repayre to
38 ' IfOTES ON THE CHRONICLE. — § 20.
that Island, and to take the charge and Captenshipp thereof upon him : And forasmuch
as S' Thomas being nowe otherwise imployed in Her Highnes service, is enforced for a
tyme to be absent from his charge there : Wee have thought good to lett you und'stand
tliat for the good report Her Matie hath received of yo' worthiness and sufRciencie to
execute the same place, being her sworne servant, and one in whom she doth repose a
speciall trnst, her Highnes hath comanded us to signifie unto you that Her pleasure is,
you doe putt j'O'self in order w*'^ all convenient speede to repayre to the said Isle, and
there to remain as Cap" and Governo', for and during the absence of the sayd Sr Thomas
Ger-anl, doing and perform! nge all thinges vv^^ to the sayd office of Capteiushipp belonguth,
as fuUie and as araplie as the sayd S"" Thorns Gerrard might or should have done, yf he
himstflf had there still continued and remeyned present : And to the entent you mayii the
better performe and discharge the sayd office. Her Ma''®* pleasure is, that you do publish
thees our I'res to all the officers and inhabitants of the said Isle, whom Her Matie expreselie
comandeth that they doe offer and accomplishe all due obedience unto you, thus appointed
the Cap" thereof during S' Thorns Gerrard's absence in all dutifuU andloyall coarse as
apperteyneth. And soe not doubting but j-ou will have care to accomplish this Her
Ma*'** pleasure : we doe bid you farewell. From the Court the 3rd of July 1596.
Yo"^ verie loving friends
THO: EGERTOX. C.S,
T. BUCKHURST.
HUNSDOX.
To our very loving friend Mr Peter Legh, Esquier, be thees &c.
Her Majesty refeiTed tlie contention to Lord Keeper Egerton, to
several Lords of the Council, to Popham, Chief Justice of England,
Anderson, Chief Justice of the Common Pleas, and Peryam, Chief
Baron, who after hearing counsel on both sides in 1598, came to the
following decision. (4 Cohens Institutes, App. No. 2 to these Notes.)
1.— That the Isle of Man was an ancient kingdom of itself, and no part of the Kingdom
of England.
2. — They affirmed a case reported by Kelw, anno ll Henry VIII. to be Law. An
office was found that Thomas Earl of Derby [2d EarlJ at the time of his death was seized
of the Isle of Man in fee, whereupon the Countess his wife moved by her Counsel to
have her Dower in the Chancery, but it was resolved by Bmdnell, Brooke, and Fitzh.,
Justices, and all the King's Counsel, that the Office was merely void, because the Isle of
Man was no part of the realm of England, nor was governed by the Laws of the land,
but was like to Tourny in Normandy, or Gascoign in Prance, when they were in the
King of England's hands, which were merely out of the power of the Chancery : which
was the place to endow the Widow of the King. It was resolved by them that the Statute
of West. 2 De donis cotiditionalihus, nor of 27 H. 8 of Uses, nor the Statutes of 32 or 34
H. 8 of Wills, nor any other general Act of Parliament did extend to the Isle of Man for
the cause aforesaid, but by special n-.rae an Act of Parliament may extend to it.
3. It was resolved, that seeing no office could be found to entitle the King to the for-
feiture of treason, that the King might grant by Commission under the Great Seal to
seize the same into the King's hands. &c., which being done and returned of record, is
sufficient to bring it into the King's seisin and possession, and into charge, &c.
NOTES ON THE CHRONICLE. — § 20. " 39
4.— That the King might grant the same iinder the Qraat Seal, because he cannot grant
it in any other manner. And herewith agreeth divers Grants under the Great Seal,
of this Isle, viz. 4 Junii, 8 E. 1., Bex 11. 1. concesit Waltero de Huntercombe, S^c.
Rex JE. 2. concessit Fetro de Qaveston, ^c. 1 Maii, 5 E. 2., Gilberto Magask'dl, and
in the same year grants Henrico de Bella monte Insulam proedictam ctcm omni Bominio
et JttsHtia regall pro termino vitte, <S(0.
5. — It was resolved that a fee simple in this Isle passing by the letters patent to Sir John
Stanley and his Heirs, is descendible to his heirs according to the course of the Common
Law, for a Grant itself by letters patent is warranted by the Common Law in this case,
and therefore if there be no other impediment, the Isle in this case shall descend to the
Heirs general, and not to the Heir male, as the grand Seigniors and Cannots in Wales
were impleadable at the Common Law, but the Lauds holden of them by the Customs of
Wales, &c., which resolutions we have thought good to report ; because they are the best
directions that we have found, both in these and for the like cases.
The third resolution refers to the defect in. the grants to Sir John
Stanley I. in 1405 and 1406, by reason of the non-attainder of the Earl
of Northumberland, the former King of the Island, when the grants were
made. (See Notes on § 11, in which Notes see also the Commission for
the seizure of the Island referred to.)
The effect of the resolutions, so far as they affect the title to the Island,
appears to be : — That the grant of 1406 by Henry IV., although made
after the commission of treason by the Earl of Northumberland, the
former Lord of the Island, and after its seizure by the King, was not
legal, — the King having no power to make the grant before the actual
attainder of the Earl ; that no grant having been made since the actual
attainder, the right was in Queen Elizabeth ; that by the Common Law
of England it was competent for the Sovereign of England to grant the
Island under the Great Seal ; but that whatever right Sir John Stanley
I. took under the grant of 1406, the grant being by letters patent under
the Great Seal of England, such right would descend according to the
Common Law of England to the heii's general, and not to the heirs male.
The decision therefore (ii-respective of the original defect, which from
its pure technicality was one of which it is not to be presumed the
Crown would have taken advantage,) was adverse to Earl WiUiam.
The Island continued in possession of Queen Elizabeth until her
decease on the 24th March, 160|, and thereupon the Government was
Reign of administered in the name of her successor King James I.
King The following extracts from the records shew that he ap-
Jamea I. pointed Mr. L-eland as Governor : — (Liher Scdccanus, 1609,
No. 31.) " Inquisition at Castle Rushen, the 3rd May, 1609, before John
Ireland, Esq., Governor of the Isle of Man under His Majesty," &o
[Ibid, No. 45.) "Exchequer Court holden at Castletown, within the
40 * NOTES ON THE CHRONICLE. § 20.
Chappie there, the 20th of June, 1G09, before John Ireland, Esquier,
Gov^nor of this Isle under the King's Matie, by force of His Highnes
L'rcs Patente under the Great Scale of England, dii-ected unto him the
sayd John Irelaad, Esquier, and John BirchaU, Gentleman, jointly and
severallie," &c. {Ibid, No. 57.) Gaol DeHvery, 11th July, 1609, " before
John Ireland, Esq., Gov' of this Isle by force of His Majesty's Letters
Patent."
It is probable that the Island continued in the possession of the Crown
of England, in order to enable Earl William and his nieces to effect an
arrangement; and that such arrangement was postponed untU the
whole of the nieces were of fuU age. The youngest of them, the Coun-
tess of Huntingdon, attained her majority about 1609.
King James I., by letters patent under the Great Seal of England,
dated the 14th August, 1607, at the petition of the Earl of Derby, the
llci^n of the ^^'1 of Huntingdon and wife, Lord Chandoys and wife, and
Earls of Sir John Egerton and wife, granted to Hemy, Earl of
Northamp- Northampton, and Robert, Eai-1 of Salisbuiy, the Island,
ton aud Castle, Pele, and Lordship of Man, and all the Islands and
Salisbury. Lordships to the same appertaining, and aU and singular
the Royal Regalities, Franchises, Liberties, and all other the Rights,
Profits, and Commodities thereunto belonging, (except all those Houses,
Sites, Circuits, and Precincts, formerly the Monastery and Priory of
Rushen and Douglas, and the Friars Minors, commonly called the Gray
Friars of Brimaken, otherwise Bymaken, and the Rectories and Chui'ches
of Kirk Christ in Slieldinge and Kirk Lonan, fonnerly to the Monastery
of Rushen belonging and appertaining, and parcel of the possession of
the same, with theu- Rights, Members, and Appurtenances therein more
particularly described,) to be had and holden by them the Earles of
Northampton and Salisbury, their Heirs and Assigns, of the King, his
Heirs and Successors for ever, by the Liege Homage, and by the service
of rendering two falcons on the days of their coronation. (See Preamble
to the Revesting Act, 5 Geo. III., cap. 26, in Note on § 28.)
. This grant, made at the instance of the dispy.tant8 in the Derby
family, was also made for theu* benefit so far as related to the profits of
the Island, as appears by a warrant, dated the 10th May, 1608, from the
grantees the Earls of Salisbury and Northampton, to Lord GeiTard
formerly Governor of the Island, as to the collection of the revenues,
from which the following extracts are made. {Liber Cancell. 1608, No.
21.)
To all to whom these p'nts shall come. The Right honorable Rob* Earle of Saiisbarie lord
high Treasurer of England, principall secretarie to the King's most excellent ma"e, m' of
NOTES ON THE CHRONICLE. — § 20. 41
Lis highness Court of wardes and lyveries. knight of the most nohle order of the Garter,
and one of the lords of his mats most lionorable privye counsell, and the right honorable
Henrie, Earl of Northampton, lord prive}- seale, lord warden of the Cinque portes, knight
of the noble order of the Garter, and one other of the lords of his mat* most honorable
privy counsell : send greeting : That whereas the King's most excellent mat''', in and by
his highness I'res patente under the great seale of England, bearing date at Westminster
the ffourteenth daie August in the year of his highness reign of England, Scotland,
Ffraunce, and Ireland, (that is to say. of England, Ffraunce, and Ireland the fj'fthe,
and of Scotland the one and fforteth). did grant unto the said Rob' Earle of Salisburie,
and Henrie Earle of Northampton, by the names of Rob* Earle of Salisburie and
Henrie Earle of NortUampton, the Isle, Castle, Peele, and Dominion of Mann, and all
Islands and Segniories to the same Isle appertaining, and furthermore his highness did
grant in and by the said I'res patente unto the said Earles all and everie the rents, revenues,
yssues, and proffitts of the sayd Island, Castle, Peele, and Dominion of Mann, and of all
Islands to the same belonging, or of auy p'te or p'cell thereof before then not payd unto
the late Queene Elizabeth or to his mat'o, without any accompt or other thing to be ren-
dered, paid, or done for the same; and further, as by the sayd I'res patente male more at
large appeare, w'ch saj-d I'res patente albeit they were made unto the sayd Earles of
Salisburie and Northampton, yet were the same made at the humble petition of WilUam
Earl of Derby, and the right honorable Henrie Earl of Hunttington, and Elizabeth his
wief. Gray Bridges Lord Chandoys, and Anne his wief, John Egerton, knight, sonne and
heire male appa'nt of the right honorable Thomas Lord Ellesmere, Lord Chancellor of
England, and Ffrances wief of the sayd Sir John Egerton ; and upon special trust reposed
in the sayd Earles of Salisburie and Northampton by the said Will™ Earle of Derby and
the sayd Lady Anne. Ffrances, and Elizabeth, to weete, that tbe one half and full moytie
of the sayd Isle and other the premisses should be to and for the use of the saj'd Earle of
Derbie ; and for the other moytie should be to the use of the sayd Ladyes Anne, Ffraunces,
and Elizabeth, &c. — Knowe ye us therefore the sayd Earles of Salisburie and Northampton,
in pformance of ye sayd agreemente and truste in us reposed, to have aurthoriszed and
requested, and by this our p'rte commission doe aurthorisze and requeste, the right
honorable Thomas Gerrard, knight, Lord Gen-ard, to take, receive, and collect, or
cause to be taken, received, and collected of all and everie the receivers, controller, water
baylieffe, and officers of the sayd Island, and all other that have receaved or are owing
any of the rents, revenues, yssuos or other pffitts whatsoever of the sayd Island synce the
ffeaste daie of Salute Michaell the .\rchangell, w'ch which was in the yeare of our Lord
one thousand fyve hundred ninety seavgi, all and evrye such some and somes of monie,
rents, revenues, yssues, pffitts, and pquisites whatsoever in any wise due, payable, or
accrewed sythenne the sa^-d ffeaste of Sainte Michaell the Archangell, in the year of our
Lord one thousand five hundred nynetie seaven aforesaid ; and the same at and uppon
the adventure of the sayd Earle of Derby, Earle of Hunttington, Lord Chandoys, and Sir
John Egerton to transport, send, or bring over out of the saj'd Island and the same to
deliver in the Countie of Lancaster unto such p'son and p'sons as the said Earle of Derby
Earle of Huntingtton, Lord Chandoys and Sir John Egerton shall appoint, to be sent and
conveyed to us the said Earles of Salisbury and Northampton, to London, with what
convenient speede male be, and by us to be payd over unto or to the use of the said
Earle of Derby, Earle of Hunttington, Lord Chandoys and Sir John Egerton, according to
their p'tes and purporte aforseaid, &c.
42 NOTES ON THE CHRONICLE. — § 20.
In witness whereof, we the sayd Earles of Salisbuiie and Northampton have hereunto
put our hands and seales. Gyven the tenth daie of Maye, in the yeare of the reigne of
our sayd Sov''aigne Lord James, by the Grace of God King of England, Scotland,
Ffraunce, and Ireland the sixte, and of Scotland the one and ffortetli.
SALISBURY. NORTHAMPTON.
■ By deed dated the 14tli February, 1609, the three daughters of Earl
Ferdmand and their husbands, in consideration of divers sums of money
paid to them by Earl "William for their claim, right, and title in the Isle,
agreed to give their consent for the passing of an Act of Parliament for
the giving and extinguishing such right, title, and interest against the
heirs of Earl Ferdinand and against Thomas Ireland, Esquire, his
executors, administrators, and assigns . (See Act of Parliament 7 James
I. post.) What the rights in the Island of Mr. Ireland were I have not
discovered.
By Indenture enrolled of record, made the 18th June, 1609, between
King James I. of the one pari, and the Earls of SaHsbury and Norih-
Surrender ampton, the Earl of Derby, the Earl of Huntingdon and
to King wife. Lord Chandoys and wife, and Sir John Egerton and
James I. wife, of the other part, the parties of the second part, (except
the Earl of Derby by whom the deed was not executed or acknowledged
of record,) gave, granted, bargained, sold, surrendered, and confii'med to
the King, his heirs and successors for ever, the Island and all the rights
mentioned in the letters patent of the 14th August, 1607. (See Preamble
to the Revesting Act, 5 Geo. III., cap. 26, in Note on § 28.)
King James I. by letters patent under the Great Seal of England,
dated the 28th June, 1609, demised, gi-anted, and to farm let to Robert,
Rei«-n of Earl of Salisbury, and Thomas, Earl of Suffolk, the Island
the Earls of (except the Monastery and Priory of Rushen and Douglas,
Salisbury the Friars Minors of Brimaken, and the rectories and
and Suffolk, churches of Kirk Christ in Shelden and Kirk Lonan,) to b e
holden by them, their executors and assigns, from the Feast of Saint
Michael the Archangel, (29th September 1608,) for the term of twenty-
one years, under the yearly rent of twenty shilluigs. This grant or
lease is very fully recited in the letters patent of the 7th July, 1609,
granting the Island to Earl William. The object of making the lease
is not expressed, but it is manifest from the manner in which it is
recited in the letters patent, from its being made but nine days pre-
viously, and from the circumstance of its following so quickly the
agreement of the 14th February, 1609, and the indenture of the 18th
June, 1609, that it was intended for the benefit of Earl William and his
family. It is not likely that the grant to the Earls of Northampton and
Salisbury, which was for the benefit of Earl William and his nieces,
KOTES O'S THE CHRONICLE. — § 20. 4-3
■would have been relinqviislied except in view of a new grant being made
in favour of Earl William, wbo bad agreed witb bis nieces as to tbeir
interests.
Tbe Earls of Salisbury and Suffolk exercised the sovereign rights in
the Island for at least two years, as the records of the Island shew.
(Lib. Scaccarius, 1609, No. 77.) " A Court of Exchequer holden at the
Castle Rushen, the 11th of September, A** D"' 1609, for and in the name
of the Right Honble Lord Rob* Earle of Salisbury, Lord High Treasurer
cf England, and Thomas, Earl of Suffolk, Lord High Chamberlaine of
England, before John Ireland, Esquier, Livetenante and Capten under
the sayd Hon'"able Earles, and before," &c. In Lib. Scac, 1610, No. 35,
is a Petition addressed to " the Right Worshippfall John Ireland and
Richard Hooper, Esquyres, Commissioners for the Right Honourable
Lord Robei-t, Earle of Salisbury, Lord High Treasurer of England, and
Thomas, Earle of Suffolk, Lord Chamberlayne of His Maiestie's Hous-
hould, now interested in the states of this Isle of Man." {I/ib. Cancellar.
1611, No. 13.) Feb. 25, 1610 [16^1], John Ireland, Esquier, Livetennte
and Capten of this Isle of Manne, under the Right Hon''able Lord Rob*,
Earle of Salisbury, Lord High Treasurer of England, and Thorns, Earle
of SuffoIke, Lord Chamberlaine of His Ma*'® Houshold, comp' against
Thoms Ban-ie, of Castletowne, w"'in the sayd Isle in an accon of the
case to valewe of one thousand pounds, for that he hath slandered and
defamed him in these words — ' he hath taken all that I had from me,
and he can doe noe more.' "
On the 1st Apiil, 1609, King James I. by letters patent under the
Great Seal of England, confii-med the right of the inhabitants of the
Grant by Island to transfer at their pleasure their estates real and
King James personal, and the. laws of the Island in relation to the
I. to the transfer of property, and made other provision in that
People of behalf. It sets out with declaring the right of the King to
the Island, ordain laws in countries " acquired" or " conquered by the
force of arms." The Island had certainly been acquired by the Crown of
England, but not conquered by force of arms. The question as to how
far it was a conquest at all has been considered in the Notes on § 11. In
King James, the Island was an acquisition simply by reason of his being
the heir of Queen Elizabeth, who had taken possession in consequence
of the dispute as to the succession on the death of Ferdinand, Earl of
Derby, it being afterwards decided that the right was in the Crown, on
account of the informality in the grant by King Henry lY. to Su* John
Stanley. At the date of the grant to the people, the Island was held by
the Eai-ls of Salisbury and Northampton, under the grant of the 14th
44 NOTES ON THE CHRONICLE. — § 20.
August, 1607 ; but the King had not by such gi-ant been divested of his
rights as Lord Paramount, and it is apprehended that subject to the
right of the Earls of Salisbury and Northampton, the grant would
operate so as to control the future grants of the Island. The following
is a copy of this very important grant, famished to me by Mark H,
Quayle, Esq., Clerk of the RoUs : —
The 39th part of the Patents, in y" 7th year of the Reign of King James.
The King's Grant to his People and Subjects of the Isle of Man.
To all whom, &c. The King sends Greeting. Whereas by our Royal Prerogative and
the Laws and Customs of our Kingdom of England, it whollj^ appertains to us from the
fulness of our power, at our free will and Royal pleasure, from time to time, to make,
declare, and ordain in all such Territories, Countries, and Places which have been acquired
or conquered by the force of our arms, such Ordinances and Laws which all our Subjects
residing in those parts and have lands of inheritance or goods or chattells there may
use, enjoy, hold, and be obliged to observe. Know ye therefore^ that we by the force of
our Royal authority, of our special grace, certain knowledge, and mere motion, have
ordained, constitiited, and established a firm and perpetual Law, and do grant to all our
Subjects and other Persons whatsoever, living and residing, and who may have any
inheritance in possession, and right, and goods, and chatties in our said Island, or any
part thereof belonging or which now do or hereafter may belong to them, That they and
every of them may for the future transfer, alien, grant, and demise as well the whole
Island or any part thereof, and also all and whatsoever lands of inheritance, free
tenements, rights, goods, and chatties they or any of them may have^ithin the Island
aforesaid or the seas adjoining the same, by their Deed or Instrument sealed and delivered
under their seal ; and that such grant, alienation, or demise shall be good, firm, valid, and
effectual in Law, according to the tenor of the said Deed or Writing, without any other
delivery of seiein or acknowledgment of a Notary Publick intervening, or any other
ceremonj-, solemnity, or form of right for that purpose to be further used or required,
(any Law, Custom, Statute, or Ordinance of our Kingdom of England or the Isle of Man
afibresaid notwithstanding.) And further bj' virtue of our Royal pleasure, and of our
especial grace, certain knowledge, and mere motion, We do ordain, constitute, and estab-
lish a perpetual and firm Law by these presents, and do give and grant to all and
singular our subjects whatsoever and to all and every other person residing and who have
any inheritance, possession, and right in our said Island of Man aflforesaid, and also to
all and every our subjects to whom the inheritance of the said Island afForesaid or any
part thereof or any other estate of and in the Island aforesaid or an3' part thereof do or
may belong. That in case the Pereon in whom the Inheritance of the Island afforesaid or
any part thereof, or any other estate of or in the Island afibresaid or any part thereof, or
any inheritance, fee simple, possession, or right within y« said Island, or sea adjoyning
thereto shall descend, or in any other manner come to a woman being a Feme Covert,
every such woman may and shall be able to transfer, alien, grant, or demise such her
inheritance, estate, or right by Deed signed as well by her as her husband, under their
seals, and acknowledged in our Court of Chancery in England, (notwithstanding any Law,
Statute, Custom, or Ordinance of our Kingdom of England, or any Law or Custom of
the said Island of Man to the contrary thereof.) And we do nevertheless will, grant,
NOTES ON THE CHRONICLE. § 20. 45
and declare that any Laws and Customs in our Isle aflToresaid had and used for transfening,
alienating, or granting of their inheritance or possessions shall be and remain in full
force, and no way weakened by this our Ordinance and Constitution of such Laws and
Customs, but that any alienation, grant, or demise maj' be made agreeable as well to the
form of the Laws in the said Island heretofore had and used, as by the form of these
presents of new added, ordained, and constituted. In Testimony whereof, &c. At
Westminster, first day of April. By Writ of our Privy Seal, &c.
The Agreement made between Earl William and his nieces and their
husbands as to the sovereignty of the Island, received the sanction
Eei<ni of ^^ ^^^S James I., who by letters patent under the Great
WiUiam, ^^ of England, dated the 7th July, 1609, gi-anted the
Earl of Island to Eaii William and Elizabeth his Countess, for and
Derby, and during the terms of theii* natural lives, and to the longer
Elizabeth, Jiyer of them, and after their decease to James, Lord Stan-
hisCountess. jgy^ (son and heir apparent of tbe Earl,) and his heirs for
ever, to be holden of tbe King and his successors by homage aud allegi-
ance, and by the service of presenting to them on the days of their
coronation two falcons. The following is tbe grant : —
The Twenty-first Part of Patents in the Seventh Year of the Reign of King James.
The King to whom, &c., greeting. Whereas we by our letters patent, under our Great
Seal of England, bearing date at Westminster the Twenty-eighth day of June, in the
Seventh year of our reign of England, France, and Ireland, and of Scotland the Forty-
second, for the considerations therein expressed and contained, have given, granted, and
demised to our well-beloved and faithful cousin and counsellor Robert, Earl of Salisbury,
our Treasurer of England, and Thomas Earl of Suffolk, Chamberlain of our Houshold, all
that Isle, Castle, Peel, and Lordship of Man, with all their rights, members, and appur-
tenances, and all our Isles, liordships. Peels, Castles, monasteries, abbys, priorys, fanns.
messuages, lands, tenements, and hereditaments whatsoever to the said Isle of Man
belonging or appertaining, or in or near the same situate, lying, or being, with all and
singular its rights, men.bers, and appurtenances, and also all and singular our
royalties, regalities, franchises, liberties, ports of the sea, and all things to ports
properly and of right belonging, lands heretofore overflowed by the water of the
sea, and which have since been gained from the sea and reduced to dry ground, lands
which are not overflowed by the water of the sea, and which shall hereafter be gained and
reduced to dry ground, homages, failties, knights' fees, wardships, marriages, reliefs,
escheates, forfeitures, goods and chattels strayed, goods and chattels of felons, as well of
themselves as of all other felons, fugitives, persons attainted, condemned and put in
exigent, and outlawed, deodands, services as of free as customary tenants, works of tenants,
estovers, courts leet, view of frankpledge, courts baron, courts admiral, courts portmote,
leet, hundred, wapentake, and all fees, perquisites, and profits of courts leet, view of frank-
pledge, courts baron, courts admiral, courts portmote and leet, and all other things which
do belong or hereafter can or ought to appertain to courts leet, view of frankpledge,
courts baron, courts admiral, and courts portmote, wrecks of the sea, mines of lead and
iron, quarries, fairs, tolls, markets, customes and imposts, free customes, rights, jurisdic-
46 NOTES ON THE CHRONICLE. § 20.
tions, franchises, priviledges, manors, villages, towns, castles, granges, messuages, houses,
edifices, milns, barns, stables, dovehouses, gai'dens, orchards, crofts, cottages, courts,
lands, tenements, meadows, pastures, feedings, demesne land^, glebe lands, leasaws, wasts,
with furze and heath moors, marshes, waste grounds^ paths, easements, woods, underwoods
and woodlands, and trees whatsoever, and the soil and ground of such woods, underwoods
and trees, and our tj'thes and the tythes of sheaf corn and grain, and of hay, wool, flas,
hemp, and lambs, and all other tythes whatsoever, as well great as small, and also recto-
ries, advowsons, donations, and right of patronage of all and singular hospitals, churches,
vicarages, chappels, and all other ecclesiastical benefices whatsoever, and also oblations,
obventions, fruits, profits, waters, watercourses, streams, and pools of water, suit, sokeii,
and grist of milns, and also all and singular forests, parks, chases, lawns, warens, asserts,
purprestures, and tolls payable for passing through the same, fishings, fishing places,
rents, pensions, portions, free foldings, and turberys, pools, ponds, ways, passages, com-
mons, rents, reversions, and services, rents charge, rents seek, rents of assize, and rents
and services, as well of the free as the customary tenants, work of tenants, annual rents of
farms, fee farm rents, annuities, herriots, fines and amercements, tolls and freedom of
toll, anchorages, groundage, profits, comraodit3's, advantages, emoluments, hereditaments,
and appurtenances whatsoever, as well spiritual as temporal, with all their ajyjurtenances
whatsoever, of what sort, nature, or kind soever, or by whatsoever names or name they
are known, esteemed, called, or distinguished ; situate, lying, or being, coming, growing,
renewing, or arising in or within the said Tsle, Castle, Peel, and Lordship of Mann, or
within the sea to the said Isle belonging and adjacent, or in or within any other Isles,
Lordships, Peels, Castles, farms, or lands to the said Isle of Mann, or to the same or any
of them belonging, incident, adjoining, or appertaining, or at any time heretofore had,
known, accepted, occupied, used, demised, taken, or reputed as member, part, or parcel of
the said Isles, Castles, Peels, Lordships, lands, tenements or any other the premises, or any
of them, or any part or parcel thereof ; and the patronage of the bishoprick of the said
Isle of Man, and the patronage of the bishoprick of Sodor, and the patronage of the
bishoprick of Sodor and Mann, and also the temporalties of the said bishoprick of the Isle
of Mann, and the bishoprick of Sodor, and the bishoprick of Sodor and Mann, as often as
it shall happen that the said bishopricks become vacant ; and our reversion and reversions
remainder and remainders whatsoever of all and singular the aforesaid Isles, Castles
Peels, Lordships, patronages of bishopricks, rectories, parks, -farms, granges, messua^'-es
lands, tenements, and hereditaments whatsoever, and other the premises herein before by
these presents granted, or any other parcel dependant or belonging from, in, or upon any
gift or gifts, demise or demises, grant or grants, for any term or terms of life or lives or
years, or in fee tail, or otherwise concerning the premises by these presents before granted,
or concerning any other parcel in anywise entered upon record or remaining of record ;
and also all and singular rents, revenues, services, and profits whatsoever, reserved upon
any gifts, demises, or grants soever of the premises herein before by these presents
granted, or of any parcel thereof howsoever entered upon record, or remaining of record,
(except and always reserved to us, our heirs and successors, all those our houses, scites, cir-
cuits, and precincts, formerly belonging to the Monastery and Priory of Rushen and Douglas,
and the Fryers Minor, commonly called the Gray Fryers of Brimaken, otherwise Bimaken,
with all their appurtenances in the said Isle of Mann, and all other our rectories and
churches of Kirk Christ in Shelding, and Kirk Lovan, with all their appurtenances in tha
NOTES ON THE CHRONICLE. — § 20. 47
Isle of Mann aforesaid, former^ belonging to the Monastery of Eushen, and parcel of the
possessions thereof, with all our houses, edifices, barns, stables, dove-houses, orchards,
gardens, pools and ponds of water, lands, ground and soil, and all their appurtenances
within the s:»id scite, circuit, and precinct of the said late monastery and priory, or either
of them, or any parcel of them, and also all and singular our messuages, milns, granges,
houses, edifices, buildings, crofts, cottages, lands, tenements, meadows, pastures, feedings,
commons, waste lands covered with furze and heathj moors, marshes, waters, water
courses, streams of water and the banks thereof, pools, ponds, fishings, fishing places,
rents, reversions, and services ; and also the tythes of sheaf torn and grain, and of hay
and all other our tythes whatsoever, as well great as small, and all oblations, obventions,
fruits, profits, commoditys, advantages, emoluments, and hereditaments whatsoever, as
well spiritual as temporal, "with all their appurtenances in the said Isle of Mann, which
to the said late Monastery and Priory of Rushen and Douglas, and Fryers Minor of
Brimaken, otherwise Biroaken, and the rectorys of Kirk Christ in Shelding, or Kirk
Lovan, or either of them, or any parcel of them, in anywise belonging or appertaining, or
had, known, excepted, used, demised, lett, or reputed to be as member, part, or parcel of
the said late Monasteries, Priorj's, rectorys, or any of them, heretofore held for or under
the annual rent of one hundred and one pounds fifteen shillings and eleven pence, with
their appurtenances, and all manner of woods, underwoods, wardships, marriages, mines,
and quaries, within the premises before excepted, and the reversion and reversions
of all and singular the premises before excepted ; and all manner of rents reserved and to
be reserved to us, our heirs and successors, from and out of the said premises before
excepted, and every part and parcel thereof,) to have and to hold the said Isle, Castle,
Peel, and Lordship of Mann, and all Islands and Lordships to the said Isle of Mann
belonging, and also all and singular royalties, regalitits, franchises, liberties, ports of the
sea, and every thing to ports properly and of right belonging, homages, failtys, wardships,
maiTiages, reliefs, escheats, forfeitures, goods and chattels strayed, goods and chattels of
felons, as well of themselves as all other felons, fugitives, and outlaws, attainted, con-
demned, and put in exigent and outlawed, courts baron, view of frankpledge, leet, hun-
dred, wapentake, wrecks of the sea, mines of lead and iron, quaries, fairs, markets, free
customes, messuages, houses, edifices, lands, tenements, meadows, pastures, feedings,
woods, underwoods, forests, chaces, parks, lawns,, warens, asserts, purprestures, tolls,
fisherys, moors, marshes, turberys, waters, pools, ponds, ways, passages, and commons,
aqd all other profits, commodities, emoluments, hereditaments, and appurtenances what-
soever, situate, lying.'and being within the said Isle, Castle, Peel, and Lordship of Mann,
or within the. sea to the said Isle belonging and arljoining, or within any other Islands,
and Lordships to the said Isle of Mann, or to the said Isle, Castle, Peel, or Lordship of
Mann in anywise belonging or appertaining : And the patronage of the bishoprick of the
said Isle of Mann, and the patronage of the bishoprick of Sodor, and the patronage of the
bishoprick of Sodor and Mann, as often as it shall happen that the said bishopricks be
vacant, and also knights' fees, advowsons, and patronages of hospitals, churches, vicarages >
chappels, and all other ecclesiastical benefices whatsoever, within the said Isle and Lord-
ship of Mann, or within any other Isles or Lordships to the said Isle of Mann belonging,
and to the said Isle, Castle, Peel, and Lordship of Mann appertaining, and all and
singular other the premises herein before mentioned, to be in and by the said letters
patent demised and granted, with their and every of their rights, members, and appurte-
48 NOTES ON THE CHRONICLE. — § 20.
nances, (except as in the said letters patent are excepted,) to the said Robert, Earl of
Salisbury, and Thomas, Earl of Suflfolk, their executors and assigns, from the Feast of St.
Michael the Archangel last past before the date of these presents, to the end and term,
and for the term of twenty-one years from thence next ensuing, and fully to be complete,
yielding thereout yearly to us, our heirs and successors, out of and for the said Isle,
Castle, Peel, and Lordship of Mann, and other the said premises with their appurtenances,
twenty shillings of lawful money of England, as by the said letters patent dotli more
fully and at large appear. Know ye that we for diverse good causes and considerations,
us to these presents especially moving, out of our special favour, certain knowledge, and
mere motion, have given and granted, and by these presents for ourself, our heirs and
successors, do give and grant, unto our well-beloved and most faithful cousin William,
Earl of Derby, and Elizabeth, his Countess, and James Stanley, Lord Stanlej', son and
heir apparent of the said Eai'l, all that Island, Castle, Peel, and Lordship of Mann, and
all the aforesaid islands and lordships to the said Isle of Miinn belonging, and also all and
singular royalties, regalitys, franchises, liberties, ports of the sea, and all things to ports
properly and of right belonging, homa,:;es, failtys, wardships, marriages, reliefs, escheats,
forfeitures, goods and chattels estrayed, goods and chattels of felons, as well of themselves
as of other felons, fugitives, outlaws, attainted, condemned, and put in exigent, and out-
lawed, courts baron, view of frankpledge, leet, hundred, wapentake, wrecks of the sea
mines of lead and iron, quaries, fairs, markets, free customes, messuages, houses, edifices,
lands, tenements, meadows, pastures, feedings, woods, underwoods, forests, cliacos, parks,
lawns, warens, asserts, purprestures, tolls, fisheries, moors, marshes, turberys, waters,
pools, ponds, ways, passages, and commons, and all otlier profits, com:nodities, emolu-
ments, hereditaments, and appurtenances whatsoever, situate, lying, or being witliin the
said Isle, Castle, Peel, and Lordship of Mann, and within the sea to the said Isle belong-
ing and adjacent, or within any other isles and lordships to the said Isle of Mann in any-
wise appertaining or belonging ; and the patronage of the bishoprick of the said Isle of
Mann, and the patronage of the bishoprick of Sodor, and the patronage of the bishoprick
of Sodor and Mann, and also the temporalities of the bishoprick of the said Isle of Man,
and the bishoprick of Sodor, and the bishoprick of Sodor and Mann, as often as
it shall happen that the said bishopricks be vacant, and also all knights' fees,
advowsons, and the patronage to all hospitals, churches, vicarages, chappels, and other
ecclesiastical benefices whatsoever, within the said Isle and Lordship of Mann, or
within any other Isles and Lordships to the said Isle of Mann belonging, or to the
to the said Isle, Castle, Peel, and Lordship of Mann appertaining, and all and singular
other the premises in the said letters patent before mentioned to be demised and granted,
with all their rights, members, and appurtenances, (except and always reserved to us, our
heirs and successors, all those our houses, scites, circuits, and precincts, formerly to the
Monastery and Priory of Rushen and Douglas, and the Fryers Minor, commonly called
the Gray Fryers of Brimaken otherwise Bimaken, with all their appurtenances, in the
said Isle of Mann, and all those our rectories and churches of Kirk Christ in Shelding,
and Kirk Lovan, with all their appurtenances in the said Isle of Mann, formerly to the
said Monastery of Rushen belonging and appertaining, and parcell of the ancient posses-
sions thereof, with all our houses, edifices, barns, stables, dove-houses, orchards, gardens,
waters, ponds, pools, lands, grounds, and soil, with all their appurtenances within the
scites, ciicuits, and ^precincts of the said late Monastery and Priory, or either of them, or
NOTES ON THE CHRONICLE. — § 20. 49
any parcell thereof, and also all and singular messuages, milus, granges, houses, edifices,
buildings, crofts, cottages, lands, tenements, meadows, pastures, feedings, commons,
wastes covered with furze and heath, moors, marshes, waters, watercourses, streams,
banks, pools, ponds, fisheries, fishing places, rents, reversions, and services : And also
the tyths of sheaf corn and grain, and of hay, and other our tyths whatsoever, as well
great as small, and our oblations, obventions, fruits, profits, commoditys, advantages,
emoluments, and hereditaments whatsoever, as well spiritual as temporal, with all their
appurtenances in the said Isle of Mann, which formerly to the said monastery and priory
of Rushen and Douglas, and Friers Minor of Brimaken otherwise Bimaken, and rectorys
of Kirk Christ in Shelding and Kirk Lovan, or any of them, or to any parcel of them in
anywise belonging or appertaining, or as member, part, or parcel of the said late monas-
tery and priory, rectorys, or any of them, heretofore used for or under the annual rent of
one hundred and one pounds fifteen shillings and eleven pence, held, known, excepted,
used, lett, demised, or reputed, with all their appurtenances, and all manner of woods,
underwoods, wardships, marriages, mines, quarys of the premises before excepted, and
also the reversion and reversions of all and singular the premises before excepted, and all
manner of rents, to us, our heirs and successors reserved and to be reserved out of and
from the premises before excepted, and every part and parcel thereof. And further out
of our gi'acious and special favour, and out of our certain knowledge and mere motion
have given and granted, and by these presents for ourselves, our heirs and successors, do
give and grant to the said William Earl of Derby and Elizabeth his Countess, and James
Stanley Lord Stanle}', son and heir apparent of the said earl, their heirs and assigns, that
they the said Earl of Derby and Elizabeth his Countess, and James Stanlej' Lord Stanley,
son and heir apparent of the said Earl, and the heirs and assigns of the said James, may
for ever hereafter have, hold, and enjoj', and shall have, hold, and enjoy the said Isle,
Castle, Peel, and Lordship of Man, and all and every and singular other the premises
hereiubefore by these presents granted, and every parcel thereof, and all and singular
such other and the like courts leet, view of frankpledge, courts portmote, courts admiral,
and all other things, which to view of frankpledge, courts admiral, and courts portmote
can or ought to appertain or belong, assizes and assize of bread, wine and beer, goods and
chattels estrayed, goods and chattels of felons and fugitives, felons of themselves, of
clergy, convicted or attainted of treason, or misprision of treason, murder, and felony, or
any other offence done or committed contrary to the law and custom of our kingdom of
England, or those who will not answer, or out of malice stand mute, or will not stand
judgment to be pronounced upon their ofi'ence, or any other kind of conviction or damages,
deodands, knights' fees, wardships, marriages, reliefs, escheats, herriots, forests, chaces,
free warens, parks, free parks, wTCcks of the sea, anchorages, and grouudages, and all and
other rights, royalties, regalities, jurisdictions, franchises, liberties, customes, privileges,
profits, commoditys, advantages, emoluments, and hereditaments whatsoever, as well
spiritual as temporal, or what kind or nature soever, and in so full, free, entire, ample
manner and form, as William Lescrope knight, Henry Percy Earl of Northumberland,
John Stanley knight, or any of them, or any other person or persons, the said Isle,
Castle, Peel, and Lordship of Mann, and all Islands, Lordships, Peels, Castles, farms,
messuages, lands, and hereditaments whatsoever, in or within the said Island, Peel, or
Lordship, or any of them, or within the seas to the said Isle belonging and adjacent, or
to the said Isle of Mann belonging and appertaining, and all and singular other the pre-
D
50 NOTES ON THE CHRONICLE. — § 20.
raises hereinbefore by these presents granted, or any parcell thereof heretofore held, pos-
sessed, or seized, or any parcell having, possessing, or being seized thereof, ever had or
ought to have held, used, or enjoyed in the said Isle, Castle, Peel, and Lordship, farms,
messuages, lands, and hereditaments, and other the premises hereinbefore by these pre-
sents granted, or any part or parcell thereof, by reason or by virtue of any charter, gift,
grant or confirmation, or any letters patent by us, or by any of our progenitors or prede-
cessors. Kings and Queens of England, or at any time heretofore had, done, granted, or
confirmed, or by reason or by virtue of any Act or Acts of Parliaments, or by reason or
by virtue of any lawful prescription, use or custom heretofore had or used, or bj' any
other manner, right, or title in us, and in as full, free, and ample manner and form, as
we or any of our progenitors or predecessors. Kings and Queens of England, the said Isle,
Castle, Peel, and Lordship of Mann, farms, messuages, lands, tenements, and heredita-
ments, and all and singular other the premises hereinbefore by these presents granted, or
any part or parcell thereof, ever h^d or ought to have or enjoy; to have and to hold the
said Isle, Castle, Peel, and Lordship of Maun, and all islands and lordships to the said
Isle of Mann belonging, and also all and singular royalties, regalities, franchises, ports of
the sea, and all things to ports properly and of right belonging, homages, failtys, ward-
■ ships, marriages, reliefs, escheats, forfeitures, good? and chatties estrayed, goods and
chatties of felons, as well of themselves as other felons, fugitives, outlaws attainted, con-
demned and put in exigent and outlawed, courts baron, view of frankpledge, leet, and
hundred, courts admiral, portmote, wapentake, wrecks of the sea, mines of lead and iron,
quarys, fairs, markets, free customs, messuages, houses, edifices, lands, tenements,
meadows, pastures, feedings, woods, underwoods, forrests, chases, parks, lawns, warens,
asserts, purprestures, tolls, fisheries, moors, marshes, turberys, waters, pooles, ponds,
ways, passages, and commons, and all other profits, commoditys, emoluments, heredita-
ments, and appurtenances whatsoever, situate, lying, or being within the said Isle, Castle,
Peel, and Lordship of Mann, and the sea to the said Isle belonging and adjacent, or
within any other Isles and Lordships to the said Isle of Mann belonging, or to the said
Isle, Castle, Peel, and Lordship of Mann in anywise^belonging or appertaining, and the
patronage of the bishoprick of the said Isle of Mann, and the patronage of the bishoprick
of Sodor, and the patronage of the bishoprick of Sodor and Mann, and also the tempo-
ralities of the bishoprick of the said Isle of Mann, and the bishoprick of Sodor, and the
bishoprick of Sodor and Mann, as often as it shall happen that the same bishopricks
become vacant ; and also all knights' fees, advowsons, and patronage of hospitals,
churches, vicarages, chappels, and all other ecclesiastical benefices whatsoever within the
said Isle and Lordship of Mann, or within any other Islands and Lordships to the said
Isle of Mann belonging, or to the said Isle, Castle, Peel, and Lordship of Mann apper-
taining, and all and singular other the premises, (except as before excepted,) unto the said
Wilham Earl of Derbi', and Elizabeth his Countess, for and during the terms of their
natural lives, and the longer liver of them, and after their decease to the said James
Stanley Lord Stanley, and the heirs of the said James, to the sole and proper use and
behoof of the said William Earl of Derby, and the said Elizabeth, for the term of the life
of them, and the longer liver of them, and after their decease to the use and behoof of the
said James Lord Stanley and his heirs for ever, to hold the said Isle, Castle, Peel, and
Lordship of Mann, and all Islands and Lordships to the said Isle of Mann belonging, and
also all and singular the premises hereinbefore by these presents granted, with all their
NOTES ON THE CHRONICLE. § 20. 51
rights, members, and appurtenances, of us, our heirs and successors for ever, by homage
and allegiance, and by the service of presenting to us two falcons for once only ; to wit,
immediately after the making of their homage, and presenting to our heirs. Kings of
England, two falcons upon the days of the coronation of them our heirs, for and in lieu of
all other services, customes, and demands : And further, out of our gracious and special
favour, certain knowledge and mere motion, have granted for ourselves, our heirs and
successors, to the said James Stanley Lord Stanley, his heirs and assigns, that they and
every of them shall be for ever free, quiet, discharged, and exonerated, so far as relates to
the said Isle, and all and singular other the premises before granted of and from all
guardianships during the minority of any of his heirs, marriages, or the value of marri-
ages, freedoms, livery and seizen, reliefs and all other rights, titles, claims, and demands
of us, our heirs and successors, (except as before excepted,) by reason of the tenure of the
said Isle, and other tlie premises to us, our heirs and successors, by these presents reserved
or by reason of tenure by knight service in capite, or of anj' other lands, tenements, or
hereditaments, which to them or any of them shall hereafter descend or come ; And we will
and grant for ourselves, our heire and successors, to the said James Stanley Lord Stanley,
his heirs and assigns, that whenever it shall happen that the said James Stanley Lord Stan-
ley, shall dye with or without heirs or assigns, or in case his heir or heirs shall be of full age
or under age, then the same heir or heirs shall immediately after the death of the said
James Stanley Lord Stanle}', and after the death of the heirs or assigns, or after the
death of the heirs or assigns of such heirs or assigns, from time to time for ever, shall
succeed ; to wit, whoever, immediately after the death of him, her, or them, to whom by
right of inheritance, or by any other manner, shall succeed to the said Isle, Castle, Peel,
and Lordship of Mann, with the appurtenances and all Islands and Lordships to the said
Isle of Mann appertaining or belonging, and in all and singular other the premises here-
inbefore by these presents granted, with all the appurtenances, (except as before excepted,)
shall successively enter, and the same peaceably have, possess, and hold to them, their
heirs and assigns, of us, our heirs and successors, and against us, our heirs and successors,
by homage allegiance, and the said service of presenting two falcons on the said days of
coronation only, for and in lieu of all other services, customes, and demands whatsoever,
without any seizure or sequestration thereof into the hands of us or our heirs, or by any
livery general or special, or by any Seizin or first had reliefs thence to be prosecuted,
done, or had by reason of the said homage, or upon account of any other castle, manour,
messuages, lands, tenements, or hereditaments whatsoever, which the said James Stanley
Lord Stanley, or his heir or heirs or assigns, or any of them, now hold, hath or have
held, or which they shall for the future hold of us or our heirs by military service, in
capite or otherwise, or by reason of the minority of them, or any of them, or without any
other profits, commoditys, compositions, exactions, customes, or demands, by us or our
heirs, from him the said James Stanley Lord Stanley, his heir or heirs or assigns, to ba
required, taken, imposed, demanded, or challenged for ever : And further, out of our
gracious and special favour, certain knowledge and mere motion, we do will and grant to
the said James Stanley Lord Stanley, his heirs and assigns, that we or our heirs shall
not have, exact, take, nor receive, nor that we nor our heirs shall not nor will have
exact, take, or receive marriage, or the value- of marriages, of and from the heir or heirs
of the said James Stanley Lord Stanley, or of the heir or heirs, assignee or assigns of him
or any other person or persons who shall be seized of the said Isle, Castle, Peel, Lordship,
52 NOTES OX THE CHRONICLE. — § 20.
and other the premises or any of them, by reason, virtue, colour, or tytle of the said Isle,
Castle, Peel, Lordship, homage, rent, or other the premises or anj* part or parcell thereof;
Know ye further, That we out of our gracious and special favour, have given and granted,
and for us, our heirs and successors, do give and grant unto the said William, Earl of
Derby, Elizabeth his countess, and James Stanley Lord Stanley, their heirs and assigns
all and all manner of rents, arrearages of rent, dues, revenues, and annual profits of the
said Tsle, Castle, Peel, and Lordship of Mann, and all other islands and lordships to the
said Isle of Mann belonging, and of all and singular other the premises, with the appur-
tenances, or any parcel of the same, (except as before excepted,) due or unpaid to our late
dearly loved sister Elizabeth Queen of England, or any of our progenitor or progenitors,
or to ourself, to hold to them witliout any other composition or any thing further to be
done, paid, or performed to us : And further, out of our gracious and special favour, cer-
tain knowledge, and mere motion, we do by these presents will and grant for us, our
heirs and successors, to the said William Earl of Derby, and Elizabeth his countess, and
Jattes Stanley Lord Stanley, that these our letters patent, or an enrollment thereof,
shall, upon all occasions, be firm, valid, good, sufficient, and effectual in law, and shall
stand and be accepted, reputed, and adjudged good, perfect, firm, valid, and effectual in
law, for and against us, our heirs and successors, as well in all our courts as otherwise
wheresoever, without any other confirmation, licence, or tolleration, from us our heirs or
successors, for ever hereafter, by the said William Earl of Derby, and Elizabeth his coun-
tess, and James Stanley Lord Stanley, or any of them, their or any of their heirs or
assigns, to be procured or obtained, notwithstanding any misnomer or error in reciting or
not naming the said Isle, Castle, Peel, and Lordship of Mann and other the premises, or
any parcell thereof ; and notwithstanding there not having been, or any office or inquisi-
tion found of the premises, or any parcell thereof, by which our title ought to be found
before the passing of these our letters patent ; and notwithstanding any error in the
reciting or misnaming, or not reciting any demise or grant of the premises or any parcell
thereof made and remaining on record or not of record ; and notwithstanding any error
in naming or not naming any vill, hamlet, parish, place, or county in which the said pre-
mises or any parcell thereof do lye or be, and notwithstanding full, true, and certain men-
tion be not made of the names of the tenants, farmers, or occupiers of the said Isle,
Castle, Peel, and Lordship, and other the premises or any parcell thereof, and notwith-
standing any other defect in the ascertaining, computation, or declaration, or omission of
the true yearly value of the premises, or any part thereof, or the yearly reserved rent of
the said premises or any parcell thereof in these our letters patent ; and notwithstanding
any other defect, attornment, or seizin, or in not naming or misnomer of any tenant,
farmer, or occupier of the premises or anj' parcell thereof ; and notwithstanding the
naming, wrong recital, or not reciting in whose p>ossession the said premises or any par-
cell thereof have been ; and notwithstanding our true state and title in and unto the pre*
mises, or any part thereof, are not in these presents fully expressed ; and notwithstanding
the Act of Parliament made in the first year of the reign of our progenitor Henry the
Fourth, late King of England ; and notwithstanding an Act made in the eighteenth
year of the reign of our predecessor Henry the Sixth, late King of England ; and
notwithstanding anj' other defect in not naming or not properly naming the Isle,
Castle, Peel, and Lordship of Mann aforesaid, and other the premises, or any parcell
thereof, or in not naniing or not properly naming the nature, kind, species, quantity.
NOTES ON THE CHRONICLE. § 20. 53
or quality of the premisses or any parcell thereof : We will also and by these pre-
sents gi-ant to the said William Earl of Derby, and Elizabeth his Countess, and
James Stanley Lord Stanley, that they may and shall have these our letters patent
in a proper manner, made and sealed under our Great Seal of Englandj without fine
or fee, great or small, to be rendered, paid, or done to us in our Hanaper or else-
where, for our use, because there is not' express mention made or] appears in any
statute, act, ordinance, provision, proclamation, or restriction of the true value or of
any other value or certainty of the premises or any part thereof, or any other gifts or
grants by us or any of our progenitors aforesaid, to the said William Earl of Derby, and
Elizabeth his Countess, and James Stanley Lord Stanley, or any of them, before this
timCi or for any other cause, matter, or thing whatsoever, in anywise notwithstanding.
In witness whereof, &c., T. R. at Westminster, the seventh 'day of July.
By writ under the Privy Seal, &c.
(See 3 Oliver's Monumenta 99)
The possessions of the Monastery of Rusben, (situate in the Parish of
Malew, in the Sheading of Rushen,) the Priory of Douglas, (commonly
called the Nunnery, situate near the Town of Douglas, in the Parish of
Braddan,) and the Fi-iary, (situate in the Parish of Arbory,) are excepted-
from this Grant in like manner as they had been excepted in the Grants
to the Earls of Northampton and Salisbuiy in 1607, and to the Earls of
Salisbuiy and Suffolk in 1609. It may be useful here to make a digres-
sion on the subject of these religious houses.
Monastery Th^ Monastery or Abbey of Rushen was founded by King
of Rushen. Olave I. in A.D. 1134. " This same year King Olave gave
to Ivon, abbot of Fumess, a part of his land in Mann, to found an Abbey
in the Place called Russin." {Chronicon Mannice, 1 Oliver's Monumenta
146.) The abbey so founded was dependent upon the Abbey of Fumess ;
but such dependence I presume existed only in matters of patronage
and discipline, as the temporalities appear to have been vested in the
Abbot of Rushen, who was raised to the dignity of a Baron of the Island,
which dignity was also confeiTed on the Abbot of Fumess. By the
ancient law of the Isle all barons were bound to render homage to the
King or Lord, or they forfeited their temporalities {Mills' Statutes 8).
I cannot discover that the Abbot or Convent of Fumess exercised or had
any rights over the Abbey of Rushen or its temporalities, beyond those
of patronage and jurisdiction. If there were any right as regarded the
temporalities of Rushen Abbey vested in the Abbot of Fumess it could
have been merely a kind of legal estate under King Olave's grant, in trust
for the Abbot and Monks of Rushen. The monks of Rushen were of
the Cistercian order, as were those of the mother monastery of Fumess.
The Priory "^^^ Prioress of the Priory or Nunnery at Douglas was a
of Douglas, baroness of the Isle, and was bound to do fealty to the Lord,
in like maimer as the bai'ons, for her barony. {Mills' Statutes 8.) I have
54 '^OTES ON THE CHRONICLE. — § 20,
not found any satisfactory account of the origin of this priory. It is
sometimes mentioned as being in connexion with Rushen Abbey ; but
all accounts respecting it are very meagre, — indeed it is not known for a
certainty mth what temporalities it was endowed, though it is very pro-
bable that the lands known as the Abbey Lands of Braddan belonged to
the Nunneiy, as sometimes the Sergeant of such lands was designated
Sergeant of the Priory Lands of Braddan. The manor of the Priory has
been supposed to have merged in that of Rushen Abbey, and thSt what
are now designated " Abbey Lands," and are treated as one manor,
included the former separate manors of the Abbey and Priory.
The Friary '^'^^ Friaiy of Bymaken is said to have been founded in
of Bymaken. 1373, in consequence of a petition presented to Pope Urban
V. from the Priors and friars of the Order of Friars Minor in Ireland,
and William de Montacute Earl of Salisbury, and King of the Isle in
1367, stating that in the Diocese of Sodor there was no place for the use
of the Order, and that the Earl proposed to assign a place for their use
in the village of St. Columba (Kirk Arboiy) in such diocese, and of the
Pope's authority for the Order to receive the proposed place if fit and
proper. The lands given to the Order did not form a separate manor,
but were part of the lands of the manor of Man, which was held by the
Lord, and to him was payable in respect of the lands an annual chief
rent of 20s. The following is the entry relating to these lands in the
oldest book of the manor, (1505) : — " Paroch. St. Columb. Bymaken.
Redd, cujus quartum Terr. ibm. occupat ^ Fres minor ad XXs. per
arm." The Prior of the Friary was not a baron of the Isle. It is some-
times alleged that the Friary was made dependent on Rushen Abbey,
but this is extremely doubtful, and more especially as the friars were
Franciscans, whereas the monks of the Abbey were Cistercians.
It is worthy of remark that no exception was made in the grants of
the Island at this period as to the Baronies of Bangor and Saball and
St. Trinion, which on the dissolution of the religious houses in Ireland
and Scotland to which they respectively belonged, were seized on behalf
of the Crown of England, and were never possessed by the Derby family
under the grant last mentioned.
Dissolution ■"■* ^^*' ^^^^ alleged that the Manx religious houses were
of religious dissolved and vested in the Crown of England, by vii-tue of
Houses. an Act of Parliament, 27 Henry YIII. cap. 28. {Mills' Sta-
tutes 526, and Preamble of Revesting Act. See notes § 28.) " An Act
that all religious houses under the yeai-ly revenue of Two hundred
pounds shall be dissolved and given to the King and his Heirs," by
which it is enacted (Sec. 1) : —
?;OTJiS OlS THE CHRONICLE. — § 20. 56
That His Majestj' shall have and enjoy to him and his heirs for ever, all and singular
such Monasteries, priories, and other religious houses of monks, canons, and nuns, of what
kinds of diversities of habits, rules, or orders soever they be called or named, which have
not in lands, tenements, rents, tithes, portions, and other hereditaments above the clear
yearly value of two hundred pounds. And in like manner shall have and enjoy all the
sites and circuits of every such religious houses, and all and singular the manors, granges,
meases, lands, tenements, rents, reversions, services, tithes, pensions, portions, churches,
chapels, advowsons, patronages, annuities, rights, entries, conditions, and other heredita-
ments appertaining or belonging to every such monastery, priory, or other religious
house, not having as is aforesaid above the clear yearly value of two hundred pounds, in
as large and ample manner as the abbots, priors, abbesses, prioresses, and other governors
of such monasteries, priories, and other religious houses now have or ought to have the
same in the right of their houses. And that also his Highness shall have to him and to
his heirs all and singular such monasteries, abbies, and priories which at any time within
one j'ear next before the making of this Act hath been given and granted to his Majesty
by any abbot, prior, abbess, or prioress, under their convent seals, or that otherwise hath
been suppressed or dissolved, and all and singular the manors, lands, tenements, rents,
services, reversions, tithes, pensions, portions, churches, chapels, advowsons, patronages,
rights, entries, conditions, and all other interests and hereditaments to the same monas-
teries, abbeys, and priories or any of them appertaining or belonging ; to have and to
hold all and singular the premises, with all their rights, profits, jurisdictions, and com-
modities, unto the King's JIajesty and his heirs and assigns for ever, to do and use there-
with his and their own wills, to the pleasure of Almighty God, and to the honour and
profit of this realm.
This Act, however, did not authorize the siippi'ession of the Manx
religious houses, as even were it competent for the Parliament to legis-
late in respect of property within the Island, the Act has no reference
in it to the Isle of Man, and according to English jurists an Act of Par-
liament does not extend to it, unless it be particularly named therein.
(1 Black. Com. 105.)
Surrender I^ is probable that the following Act of Surrender, dated
of Furness the 9th April, 1537, on the part of the Abbot and Convent
Abbey, of Furness may have aiforded a pretext for the claim of
King Henry VIII. to the Abbey of Rushen ; but it was a mere pretext,
as the King could not take from the Convent of Furness — if they had
any right to give at all, which is most questionable— a greater right or
power than they possessed ; and cei-tainly they had no right or power
to suppress Rushen Abbey and appropriate its property. The Act of
Surrender and an English translation aVe given in Wesfs Antiquities of
Furness, App. No. X. (7) and p. 110. (See also 3 Oliver'^ Monumenta
220). The translation is here given : —
To all Christian people to whom these presents shall come, I, Roger, by divine pro-
vidence abbot of the monastery of St. Mary of Furness, in the county of Lancaster, and
the convent of the said monastery, send greeting.
56 NOTES ON THE CHRONICLE. — § 20.
Know ye, that we the said abbot and convent, by our unanimous and full assent and
consent, divers special considerations moving us interiorly thereto, as also for the use and
defence of this kingdom, and for the good and safe government of these extreme parts of
the said kingdom, have freely given grauted and into the hands of our Lord Henry VI II,
now King of England and France, defender of the faith, and Lord of Ireland, and on
earth supreme head of the Church of England, surrendered up to our said Lord Henry
VIII, King of England, our Monastery of Furness aforesaid ; as also the site and foun-
dation of the same, and all goods and chattels, jewels and church ornaments belonging to
the said Monastery, and all dues, actions, and other things whatsoever, appertaining, be-
longing, or due to us, or any of us, or to the said monastery, and also all manner of
demesnes, castles, manors, lands, tenements, advowsons of churches and chantries,
kpights' fees, rents, reversions, liberties, and services ; with all and all manner of our
inheritances in Yorkshire, Lancashire, or elsewhere, within the kingdom of England, in
Ireland, or in the Isle of Man ; to have and to hold all and singular the said monastery,
demesnes, castles, manors, lands, tenements, advowsons of churches and chantries, with
knights' fees, rents, reversions, liberties, and services, and all other our hereditaments
and premises whatsoever to our said Lord the King and his heirs. Kings of England, for
ever, in augmentation and increase of the honour of his Roj-al Majesty, and of his heirs,
Kings of England, and for the use and defence of this kingdom against its enemies and
rebels. And moreover we will and desire, and unanimously give full consent, and grant
by these presents that this present Act may be inrolled as well in the Court of the
Chancery of the Duch}' of Lancaster, of our said Lord the King, and in his own Court
held before his Justices in the County of Lancaster, as in the Court of Chancery of the
said Lord the King held at Westminster, in the County of Middlesex, before the said
Lord the King, and before his Justices there.
In witness whereof we have of our unanimous and full assent and consent to these
presents affixed our common seal. Given in our Chapter-house of the said monastery,
the ninth day of April, in the twenty-eighth 3-ear of our said Lord the King, and in the
year of our Lord and Saviour Jesus Christ, one thousand five hundred and thirty-seven.
By me, Roger, Abbot of Furness.
By me, Beiand Gaenee, Prior.
(and twenty-eight Monks.)
Sealed and delivered in the presence of us, the day and year above spfecified,
RoBEET Sussex, Rrc. HoGHToir.
ASTOXT FiTZHEEBEET, JoHN BtEON,
Thomas Boletee, John CiAXDOs, Priest,
Thomas Langton, Maemaduc Tunstaxl.
The legality of this and of like transactions being very doubtful, an
Act of Parliament, 31 Henry Viii, cap. 13, " An Act for the Dissolution
of all Monasteries and Abbies," was passed in 1539, by Section 1 of
which it was gnacted —
That the King our Sovereign Lord shall have, hold, possess, and enjoy to him, his heirs
and successors for ever, all and singular such late monasteries, abbathies, priories, nun-
neries, colleges, hospitals, houses of friars, and other religious and ecclesiastical houses
and places of what kinds, natures, qualities, or diversities of habits, rules, professions, or
NOTES ON THE CHRONICLE. § 20. 57
orders they or any of them were named, known, or called, which sith the said fourth day
of February, the twenty-seventh year of the reign of our said Sovereign Lord, have been
dissolved, suppressed, renounced, relinquished, forfeited, given up, or by any other mean
come to his Highness ; and by the same authority and in like manner shall have, hold,
possess, and enjoy all the sites, circuits, precincts, manors, lordships, granges, meases,
lands, tenements, meadows, pastures, rents, reversions, services, woods, tithes, pensions,
portions, parsonages, appropriated vicarages, churches, chapels, advowsons, nominations,
patronages, annuities, rights, interests, entries, conditions, commons, leets, courts, liberties,
privileges, franchises, and other whatsoever hereditaments, which appertained or belonged
to the said late monasteries, abbathies, priories, nunneries, colleges, hospitals, houses of
friers, and other religious and ecclesiastical houses and places, or to any of them, in as
large and ample manner and form as the late abbots, priors, abbesses, prioresses, and other
ecclesiastical governors and governesses of such late monasteries, abbathies, priories, nun-
neries, colleges, hospitals, houses of friers, and other religious and ecclesiastical houses
and places had, held, or occupied, or of right ought to have had, holden, or occupied in
the rights of their said late monasteries, abbathies, priories, nunneries, colleges, hospitals,
houses of friers, or other religious and ecclesiastical houses and places, at the time of the
said dissolution, suppression, renouncing, relinquishing, forfeiting, giving up, or by any
other manner of mean coming of the same to the King's Highness sithen the fourth day
of February above specified.
This Act has no reference in it to the Isle of Man, and therefore it
could not confirm to the King any right supposed to be given by the
surrender of the Abbot and Monks of Furness. But in any case the
Surrender and Act of Parliament afford no explanation of the suppres-
sion of the Nunnery and Friary ; and in short the only conclusion to
which we can come is that the Manx religious houses were suppressed
or dissolved not by force of any statute or law, but simply by an act of
power on the part of the Sovereign of England. (See Notes on title
*' Abbot," j|ri.)
The dissolution was not completed until the reign of Queen Elizabeth ;
Rushen Abbey being the last monasteiy dissolved in these kingdoms.
{Wesfs Antiquities of Furness 96, Note.)
Demises of By Letters Patent dated the 18th March, 1565, Queen
possessions Elizabeth demised the possessions of the abbey, priory, and
of Abbey, &c friary to Robert Ashton, his executors and assigns, for the
term of twenty-one years from the 29th September, 1564, at the yearly
rent of £101 15s. lid.
On the surrender of the lease, the Queen by Letters Patent dated the
12th of February, 1582, demised the same possessions to Henry, Earl of
Derby (Lord of Man), his executors and assigns for the term of thirty
years at the like rent of £101 15s. lid., which demise became vested in
Alice, Countess of Derby, widow of Ferdiaando, Earl of Derby and Lord
of Man.
E
58 NOTES ON THE CHRONICLE. § 20.
On the surreBder of the last mentioned demise, King James I. by
Letters Patent dated tte 17tli March, 1606, demised the same possessions
to Sir Thomas Leigh, Knight, and Thomas Spencer, Esq., their execu-
tors and assigns, for the term of forty years, at the like rent of £101
15s. lid., but subject also to an annual increased rent of £4 4s.
Whatever defect there may have been in the title of King Henry Viil.
and his successors to the property of the Manx religious houses, it is
manifest that on King James I. making a new grant of the Island to
Earl William, he had the right to make such reservations as pleased
him. Royal mines of gold and silver were understood as reserved from
the grant of the Island without being so expressed, and they were the
subject of a future grant fi-om Charles II.
Grant of I^ ^^s probably considered inconvenient to have the pro-
possessions perty of the religious houses separated from the other pos-
of religious sessions of the Lords of the Isle, and by Letters Patent
Louses, &c. un^er the Great Seal of England dated the 2nd May, 1610,
King James I. granted the property of the abbey, priory, and fiiary to
Earl William and Elizabeth his wife, and to the heii's of the said
William for ever. The following is a translation of the Grant (made by
L. Adamson, Esq., Seneschal of the Manor of Man) : —
James, by the grace of God, King of England, Scotland, Prance, and Ireland, Defender
of the Faith, &c. To all to whom these present letters shall come. Know ye that we for
divers good causes and considerations us to these presents specially moving, of our special
grace and ont of our certain knowledge and mere motion, have given and granted, and by
these presents for ourselves and our heirs and successors, do give and grant to our beloved
and faithful cousin William, Earl of Derby, and Elizabeth his wife, and the heirs of the
said William for ever, all those houses, scites, circuits, and precincts formerly the monas-
tery and priory of Rushing and Douglas, and the Friars Minor commonly cafcd the Grey
Friars of Brimaken, otherwise Bybnaken, with all their appurtenances in the Isle of Man,
and all those our rectories and churches of Kirk Christ in Shelding and Kirklovan, with
all their appurtenances in the Isle of Man to the said monastery of Rushing formerly
belonging and appertaining, and parcel of the possessions thereof by a particular thereof,
extending to the clear annual rent or value of one hundred and one pounds fifteen shillings
and eleven pence, beside sixty-four shillings by way of increase, in lieu of the price of four
sheep for and towards provision for our hospitinm, and i)f our heirs and successors, and
besides forty shillings out of the possessions of the said late monastery issuing and pay-
able annually to the Bishop of the Isle of Man and his successors for synodals and procu-
rations, and besides twenty-six shillings and eight pence out of the same possessions
issuing and annually payable to the Earl of Derby and his heirs for the rent of a parcel of
land called Tocknaby lately in the tenure and occupation of the Abbot and Convent of the
said late monastery of Rushing, and besides twenty shillings out of part of the premises
issuing and aiinually payable to the said Earl of Derby and his heirs, for the rent of a
parcel of land called BjTnaken otherwise Brymaken, formerly let to the Friars of the said
NOTES ON THE CHRONICLE'. — § 20. 59
late prioiy of Brymaken otherwise Bymaken, and besides four pounds thirteen shillings
and four pence out of the premises issuing, and annually allocated for the salary or stipend
of a presbyter celebrating the offices in the Castle of Castletown, and besides ten shillings
out of the possessions of the said late monastery or prioiy of Douglas issuing and payable
annually for a certain pension to the Vicar of Kirkoncon, and besides six pounds out of
part of the premises issuing and payable annually for the salary of a curate for celebrat-
ing the divine offices in the church of Kirkmalewe, and also besides thirty-one shillings
and six pence out of the premises issuing for the fees of the bailiffs called Serjeants, viz.,
within the parish of St. Lupus [Malew] thirteen shillings and four pence, Lawfaba
[Glenfaba] six shillings and eight pence, Soulby [Sulby in Lezayre] seven shillings and
six pence, and Sinisco [in Lonan] four shillings payable annually. We have given and
granted, and by these presents for ourselves our heirs and successors do give and grant to
the before-named William, Earl of Derby, and Elizabeth his wife, and the heirs of the
same William, all and singular the monasteries, abbies, granges, lands, tithes, tenements,
and hereditaments, &c., To have, hold, and enjoy the aforesaid monasteries, priory of the
Friars Minor, rectories, churches, lands, tenements, meadows, pastures, woods, under-
woods and trees, courts leet, view of frankpledge, profits, commodities, advantages, emolu-
ments, and hereditaments, and all and singular other the premises above expressed and
specified, and by these premises granted or mentioned to be granted, with all their rights,
members, and appurtenances unto the aforesaid William, Earl of Derby, and Elizabeth
his wife, and the heirs of the said William, to the only proper use of the said William ,
Earl of Derby, and Elizabeth his wife, and the heirs of the said William for ever, To bold
of us, our heirs and successors, as of our manor of East Greenwich, in our county of
Kent, by fealty only, in free and common soccage, and not in capite nor b^' knight service,
and yielding and paying annually to us, our heirs and successors, out of and for the
aforesaid scites, circuits of the said late monasteries and priory of Rushing and Douglas,
and of the Friars Minor commonly called the Grey Friars of Brymaken otherwise Byma-
ken, the churches and rectories of Kirkchrist in Sheldiug and Kirklovan, and all and
singular other the premises above by these presents granted or mentioned to be granted,
with all their appurtenances, one hundred and one pounds fifteen shillings and eleven
pence of lawful English money to the receipt of our Exchequer at Westminster, our heirs
and successors, or into the hands of the Bailiflfs or Receiver of the premises for the time
being, to be paid annually at the Feast of St. Michael the Archangel, and of the Annun-
ciation of the Blessed Virgin Mary, by equal portions for ever, in lieu of all other rents,
services, exactions, and demands whatsoever to us our heirs or successors in any way to be
rendered, paid, or done : And the aforesaid WilUam, Earl of Derby, and Elizabeth his
wife, and the heirs of the said William, covenant and grant to and with us, our heirs and
successors, that they the said William, Earl of Derby, and Elizabeth his wife, and the
heirs of the said William, forty shillings of good and lawful money, English money, out
of the possessions of the said late monastery of Rushing issuing, and to the Bishop of the
Isle of Man and his successors annually payable for synodals and procurations, will pay or
cause to be paid to the said Bishop and his successors, and therefrom us and our successors
acquit, exonerate, and keep harmless from time to time for ever : And the said William,
Earl of Derby, and EUzabeth his wife, and the heirs of the said William further covenant
and grant, &c., that they and the heirs of the said William, four pounds thirteen shillings
and four pence out of the premises issuing, and for the salary or stipend of a presbyter to
60 NOTES ON THE CHRONICLE. § 20.
celebrate the divine offices in the Castle of Castletown annually allowed, and ten shillings
out of the possessions of the said late monastery or priory of DougUs issuing, and for a
certain pension to the Yiear of Kirkconcon annually payable, and also sis pounds out of
part of the premises issuing, for the salary of a curate for celebrating the divine offices in
the church of Kk. Malewe annually payable, and thirty-one shillings and sixpence out of
the premises issuing, and for the fees of the bailiffs called Serjeants, viz. , within the
parish of St. Lupus thirteen shillings and four pence, Lawfaba six shillings and eight
pence, Soulby seven shillings and six pence, and Sinisco four shillings payable annually,
will pay or cause to be paid to the said presbyter, vicar, curate, bailiffs, and their succes-
sors, and us and our successors therefrom acquit, exonerate, and keep indemnified from
time to time for ever : And lastly, the said William, Earl of Derb^', and Elizabeth his
wife, and the heirs of the said William, covenant and grant with us, our heirs and succes-
sors, by these presents, that they the said William, Earl of Derby, and Elizabeth his wife,
and the heirs of the said William, us, our heirs and successors, from twenty-six shillings
and eight pence out of the possessions of the said late monastery of Rushing issuing, and
to the Earl of Derby and his heirs, for the rent of a parcel of land called Tocnaby, late in
the tenure or occupation of the Abbot and Convent of the said late monastery of Rushing
annually payable, and from twenty shilUngs out of part of the premises issuing, and to
the aforesaid Earl of Derby and his heirs, for the rent of one parcel of land called Byma-
ken otherwise Brymaken, formerly let to the Friars of the said late Priorj' of Bymaken
otherwise Brymaken, and payable annually, will acquit, discharge, release, exonerate, and
keep indemnified from time to time for ever et uUerivs, &c. Witness ourself at West-
minster, the second day of May, in the year of our reign of England, France, and Ireland
the eighth, and of Scotland the forty-third.
B3' writ under the Privy Seal,
Confirmation TI16 two grants of tlie 7th July, 1609, and the 2nd May,
of Grants to 1610, were confirmed, but with new limitations as to the
Earl William succession, by Act of Parliament passed in the eighth year
^- of the reign of King James I. (1610). The Act is referred
to in the Index to the Statutes at large as No. 4 of the Private Acts 7th
James I. It was passed in the session of Parliament which commenced
on the 9th of February, 160^^, in the seventh year of King James, and
which was prorogued on the 23rd July in the same year 1610. This
session according to modern usage would be styled that of 7th and 8th
James I. The Act must have been passed between the 2nd May, 1610,
the date of the second grant (which is recited in the Act), and the end of
the session, 23rd July, 1610, both of these dates being in the eighth year
of the King's reign.
It will be observed that by the Letters Patent of the 7th July, 1609,
the Island was granted to Earl William and Elizabeth his Countess during
their lives, and to the longer liver of them, and after their decease to their
son and heir apparent James Lord Stanley, and his heirs for ever, and
that by the Letters Patent of the 2nd May, 1610, the possessions of the
NOTES ON THE CHRONICLE. § 20. 61
religious houses were granted to Earl WilUam and Elizabeth his Countess
and to the heirs of Earl William for ever. By the Act the premises com-
prised in both grants are assured to Earl William and Elizabeth his
Countess, during their lives and the life of the longer liver of them ; after
their deaths to James Lord Stanley, their eldest son and heir apparent, and
the heirs male of his body ; after his death, without such issue, to Robert
Stanley, second son of the Earl and Countess, and the heirs male of his
body ; after his death, without such isstte, to the heirs male of the body of
Earl William, and for default of such issue to the right heirs of James
Lord Stanley.
The following is the Act : —
An Acte for the Assuringe and Establishinge of the Isle of Man.
Act of Par- ^° ^^^ Humblenes beseeche yonr most excellent Ma*'® yo' loyall and
liament, faithful subiects William Earle of Derbie, the Lady Elizabeth his wife,
8° James I. James Lord Stanley sonne and heire apparant of the said Earle, and
Robert Stanley second sonne of the said Earle, that whereas the said Earle and his
Ancesto" have for many ages past, ever since the seaventh yere of the raigne of King
Henry the Fowerth, held and enioycd the Isle, Castle, Peele, and Lordshipp of Mann
w*** all thtir rights, members, and appten'nes as their owne proper inheritance, and
bene reputed and taken to be the true and undoubted lords and owners of the .same j
and forasmuch as the said Isle and Lordship of Mann hath long continued in the
name and bloud of the said Earle, and to the end the same may continewe still by
yo' Highnes princely favo' and gracious allowance in his name and bloud so longe as
it shall please Almightie God : Maie it please yo' Ma''® that it maj' . be enacted by
yo"^ Highnes w*" thassent of the Lords Spirituall and Teraporall and the Co'mons in this
p'sent Parliam' assembled and by the authority of the same ; And be it enacted, ordayned,
and established by yo' Highnes, the Lords Spirituall and Temporall and the Co'mons in
this p'sent Parliam* assembled, and by the anthoritie of the same, That y"^ said subiects
William Earle of Dei-bie, and the said Lady Elizabeth his wife, for and during their
lyves and the longer liver of them, and after their deathes the said James Lord Stanley
and the heires males of his body lawfully begotten and to be begotten, and after his
death w'l'out such issue, the saide Robert Stanley and the heires males of his body law-
fully begotten and to be begotten, and after his death w^'out such issue, the heires males
of the body of the said William Earle of Derbie lawfully begotten and to be begotten,
and for default of such issue, the right heirs of the said James Lord Stanley, shall and
ma3' for ever hereafter have, hould, and quietly enjoye freely and cleerly against your Ma*'®
yo' heirs and successo"^' (for, vnder, and vpon the tenures, rents, and services hereafter
menc'oned to be reserved,) against Thomas Lord EUesmere, Lord Chancello' of England,
the Ladie Alice Countess of Derbie his wife, late the wife of Ferdinando, late Earle of
Derbie deceased, and against Henry Earle of Huntingdon and the Lady Elizabeth Coun-
tesse of Huntingdon his wife. Grey Lord Chandoys and the Lady Anne his wife, Sir John
Egerton knight, sonne and heire male apparent of the said Thomas Lord EUesmere and
the Lady Frances his wife, and the heires of the said Elizabeth, Anne, and Frances, w"**
said Ladies Elizabeth, Anne, and Frances are the only daughters and sole heires of the
62
NOTES ON THE CHRONICLE. — § 20.
said Ferdinando late Earle of Devbie deceased, to «<:'> said daughters and their husbands
the said William Earle of Derbie hath paid dy vers somes of money for their clayme, right,
and title to the said Isle, Castle, Peele, and Lordship of Mann, as appeareth by their
deed thereof made and now shewed forth in yo' Highnes Highe Court of Parliam*' bear-
ing date the fowertenth day of February, in the yeres of tho raigne of yo' Ma''e, that is
to saie, of England Fraunce and Ireland the sixt, and of Scotland the Iwo-and-fortieth,
wherein and whereby thej' have agreed to gene their consents for the passing cf an Act of
P'liament for the given and extinguishing of such right, title, and interest as theie pre-
tend to the said Isle of Mann, and against the heires of the said Ferdinando late Earle of
Derbie, and against Thomas Ireland, Esquire, his cxecuto", administratu", and assigns,
all the said Isle, Castle, Peel and Lordship of Man w*** the rights, members, and ap-
p''tn'nes and all the now or late monastery and priory of Rushinge and Douglass, and the
Fryers Myn", commonly called the Grey Fryars to Brimakyn alg Bymakyn, and of euery
of them w"* their rights, members, and appurten'ncs in or w^'in the said Isle of Mann,
and the howses, scytes, circuits, and precints now or sometymes to the said monastery
and priory of Rushinge and Dowglass, and Fryers Myno", euery or any of them, w^^ all
their app'^ten'ncs in or w"'in the said Isle of Maune belonging, and sometymes being
p'cell of the possessions thereof, and all those rectories and churches cf Kirkchriste in
Sheldiug and Kivkelovan, w'*" their app^'ten'ncs whatsoeuer in the said Isle of Manue,
sometymes to the said monastery of Rushinge belonging and apperteyning, and p'cell of
the possessions thereof somtymes being, and all Islands, Lordships, Peeles, Castles,
monasteries, abathies, prioryes, nunneries, manno", farms, messuages, lands, tonem'*,
and hereditaments whatsoeuer to the said Isle of Manne belonging, or in w'^'in the same
scituate, lying, and being, w**" all and singular their rights, members, and app'ten'ucs,
and the patronage of the busshopprick of the said Isle of Manne, and of the bushopprick
of Sodorences, and of the bushopprickes of Sodorences and Manne, and also the temporal-
ities of the bushopprick of the said Isle of Manne, and of the bushopprick of Sodorences ,
and of the busshoppricks of Sodorences and Man, so often as the said bushoppricks shall
happen to become voyd, and also the archdeaconries, rectories, advowsons, donacons, and
ri"-hts of patronage of all and singular the hospitalls, churches, viccaridges, chappells, and
all other ecclesiastical benefices, tithes as well great as small of what kinde soever, obla-
c'ons, obvenc'ons, fruits, profits, penc'ons, porc'ons, emoluments, and hereditam*», w"»all
and singular their app'ten'ncs of, in, or w">in the said Isle, Castle, Peele, and Lordshipp
of Mann and '^misses, or any of them, and all and singuler forrestes, parkes, chases,
lawnds, warrens, asserts, purp'stures, fishings, fishing places, royalties, regalities, fran-
cbesies, liberties, seaports, and all things to ports duly apperteynuig, lands now or hereto-
fore overflown w*** the water of the sea w'^^ are now gayned from the sea and reduced to
dry grounds, lands w«i» the sea now overfloweth w^h hereafter shall be gayned and brought
to drye ground, lyinge or beinge in or neere to the said Isle of Mann, villages, towns,
granges, mills, rents, services, rents of assize, rents and services as well of free as cus-
tomary ten'nts, workes, deodands, fynes, amercem'', ancorage, groundage, wrecks of the
sea, knights' fees, eschaets, forfeitures, goods, and chattells, waved goods, and chattels as
well of fellons of themselves as of other fellons, fugitives, outlawes attainted condempned,
and put in exigent, courts admiral), courts portmote, courts leets, view of frankpledge,
and all forfeitures, penalties, fees, profitts, casualties, and advantages whatsoever incident
happening or belonging to the said courts, mynes of lead and iron, quarries, faires, mar-
NOTES ON THE CHEONICLE. § 20. 63
ketts, tolls, customes, free cnstomes, imposts, profltts, emoluments, and hereditam** what-
soever, as well spirituall as temporall, of whatsoever kynde, nature, or qualitie, or by
whatsoever name or names theie are knowne, esteemed, called, or named, scittuate, lying,
or being, comyng, growing, renewing, or happening of, in, or w*''in the foresaid Isle,
Castle, Peele, and Lordship of Manne, or w*Mn the sea to the said Isle adiacent or belong-
ing, or in or wt^^in any other Islands, Lordshippes, Manno", Castles, Peeles, farmes, or
lands to the said Isle of Manne belonging and app'teyning, or in, to, or out of the same or
any of them whatsoeuer or howsoeuer incident or belonging, or as members, "^tes or
^cells of the same, or of any of them, or of any "^t or "^cell of them at any tyme hereto-
fore had, knowne, accepted, occupied, vsed, enjoj-ed, or demised, letten, or reputed : And
the reverc'on and reverc'ons, remaynder and remaynders of all and singuler the "^misses
and of euery or any "^te thereof, and the rentes, duties, customes, and services thereuiito
incident, due, or appertyning, and all liberties, franchises, priviledges. jurisdicc'ons, for-
feitures, depredavies, immunities, exonerac'ons, acquittalls, and hereditaments whatsoever
graunted or mencioned to be graunted by yo"" most excellent Ma*'® by yo"' Highnes seueral
I'res patents, the one bearing date the seaventh day of July in the yeres of yo' Highnes
raigne of England Fraunceand Ireland the seaventh, and of Scotland the two-and- fortieth,
made to the said William Earle of Uerbie, and the said Lady Elizabeth his wife, for and
during their lyves and the longer lyver of them, and after their deatbes to the said James
Lord Stanley and his heires, thother bearing date the second day of Maye, in the yeres of
your Highnes raigne of England France and Ireland the eighth, and of Scotland the
three-andfortieth, made to the said William Earle of Derbie and the saide Lady Eliza-
beth his wife, and the heires of the said William Earle of Derbie, to hould the said Isle
Castle, Peele, and Lordshipp of Mann, and all and singuler the premisses of yo' Highnes,
yo^ heires and successo" respectively, and vnder the seuerall tenures, rents, and services
in and by the said seuerall I'res patents severally and respectively reserved, w'"* said last
mencioned I'res patents were made and graunted duringe this p'sent session of Parliament.
And be it further enacted by your Highnes, the Lords Spirituall and Temporall, and
the Co'mons in this p'sent '^iam' assembled, and by the authoritie of the same. That
neither the said James Lord Stanley, nor any of the heires males of his body lawfully
begotten or to be begotten, nor the said Robert Stanley, nor any of the heires males of his
body lawfully begotten or to be begotten, nor any of the heires males of the body of the
said William Earle of Derbie lawfully begotten or to be begotten, shall haue any power
authoritie, or libertie to give, graunt, alien, bargaine, sell, convey, assure, or doe away the
said Isle, Castle, Peele, and Lordship of Manne, messuages, lands, ten'ts, tithes, heredi-
tam**, and other the premisses in this Act mencioned to be enjoyed as aforesaid, or any
part or p'cell thereof, from his or their issue or issues, or other persons bj' this Act
appoynted to enjoy the same, but that the same shall remayne and continewe to the said
James Lord Stanley, and the heires male of his body lawfully begotten and to be begotten,
and for default of such issue to the said Robert Stanley, and to the heires males of his
body lawfully begotten and to be begotten, and for default of such issue to the heires
males of the body of the said William Earle of Derbie lawfullye begotten and to be be-
gotten, and for default of such issue to the right heires of the said James Lord Stanley,
as before by this Act is appointed, and that all gifts, grants, alienac'ons, bargaynes, sales,
conveyances, assurances, and acts don or to be done or made to the contrary, shall be vtterly
yoid, frustrate, and of none effect ; Saving neverthelesse that it shall and may be lawfull
64
NOTES ON THE CHRONICLE. — § 20.
for tliem and euery of them, to make such estates of such severall partes thereof as by the
lawes and customes of the said Isle is vsuall, and to make such leases and demises of such
parts and ^cells thereof as tenante in taile by the statute made in the two-and-
thirtieth yere of the raigne of King Henry the Eight, may lawfully do vn^Hn this
yo' Highnes realme of England.
And be it also further enacted by the authoritie aforesaid, That neither this Act nor
any thing herein cont€yned shall in anywise extende or be construed to avoide, frustrate,
abridge, impaire, diminishe, or "^iudice the state, interest, and terme of yeres of Sir
Thomas Leighe Knight, and Thomas Spencer Esqnier, their executo", admistato", and
assigns of the messuages, lands, tenem**, tithes, profits, hereditaments, and other things
in the said Isle of Manne made, demised, and graunted by yo' Ma''« vnder your Highnes
I'res pattents bearing date the seavententh day of Marche, in the yeres of your Highness
raigne of Englande Frannce and Ireland the third, and of Scotland the nyne-and-thir-
tieth, for the terme of fortie yeres ; and that the said Sir Thomas Leighe and Thomas
Spencer, their executo", admistato", and assigns, and euevy of them, shall and may from
henceforth peaceably and quietly duringe the said terme of forty yeres have, hould,
occupie, and enjoye the said messuages, lands, ten*', tithes, profitts, hereditam'*, and
other things in the said last mencioned I'res patents demised, for, vnder, and vpon such
j-erely rents, reservac'ons, conven'nts, provisoes, and agreements as are mencioned and
expressed in the said I'res pattents, against youre Ma*'®, youre heires and successo", and
all and euery other p'son and p'sons and their heires, having or clayminge anj' estate,
right, title, or interest vnto the said demised "^misses by force and virtue of this Act.
Savinge to the Archbushopp of Yorke and his successo" all metropoliticall jurisdicc'on
in all points and to all purposes and effects of the bushopprickes and diocesse of Manne,
in the said Isle of Manne, as is geven, vnited, lymitted, and appoj-nted to the province
and archbushoppricke of York, accordinge to an Act of Parliam* made and provided in
the three-and-fhirtith yere of the raigne of King Henry the Eighte, late King of England.
Savinge also to all and singuler ^son and $sons, bodies pollitiqne and corporate, their
heires and successo", and the heires and successo" of every of them, and the executo"^,
admistr", and assignees of euery of them, (other than yo*" Highnes, your heires and suc-
cesso'", and the said Thomas Lord EUesmere and the said Lady Alice Couutesse of Derbie
his wife, and the said Henry Earle of Huntingdon and the said Elizabeth Countesse his
wife, Graye Lord Chandoys and the said Lady Anne his wife, the said S' John Egerton
and the Lady Frannces his wife, and the heires of the said Elizabeth, Anne, and Frannces,
and the heires of the said Ferdinando late Earle of Derbie, and the said Thomas Ireland
Esquier, his execute", administrato", and assigns, (the tenures, rents, and services reserved
to y' Ma*'®, yo' heires and successo" alwaies reserved,) of such and every and the same
estate and estates, lease and leases, rights, titles, interests, rents, services, tenures, juris-
dicc'ons, priviledges, liberties, possessions, revero'ons, remaynders, annuities, penc'ons,
profits, commodities, acc'ons, entres, condic'ons, claymes.and demanndes w''' theieor any
of them now lawfully haue, or hereafter shall or may lawfully haue or clayme of, into,
out of, or for the said Isle, Castle, Peele, and Lordshipp of Manne, manno", messuages,
lands, tenem**, and ^misses, or of, into, out of, or for any of them in such and the same
manner and forme to all intents, construcc'ons, and purposes, as if this "^sent Act had
never been had or made, this Act or anything herein conteyned to the contrary in any-
wise notw*'^standing, and yo' said subiects according to their most bounden duties shall
and will daily pray for your Highnes long, happie, and prosperous rainge over vs.
NOTES ON THE CHRONICLE. § 20. 63
It may he both, useful and interesting hero to insert tlie following
case in which a decision was made in the English Conrt of Chancery by
Lord Hai'dwicke, Lord High Chancellor, as to the effect of the clauses
against alienation contained in the foregoing Act.
Earl of Derby v. Duke of Athol. February 8, 1748-9.
{Vesey's JReports, vol. 1, p. 202.)
The bill was to have a discovery concerning the general title of the Isle of Man, and
to have relief on a particular point of equity relating to the rectories and tithes within
On a plea to ^^^^^ Island, which equity was, that in 1667 Lord Derby granted the rec-
the jurisdic- lories and tithes to the bishop and clergy there, and for the enjoyment
ion 1 must ^iiereof gave some lands in England as a collateral security. To introduce
what other this equity the bill charged that although it was pretended that the
Court has ju- bishop and clergy were evicted, yet it was by collusion between the defen-
dant and them in order to affect the collateral security, and that the
defendant made them an allowance in the mean time equivalent to the profits.
To have a discovery therefore of this matter and relief against this attempt to charge
the collateral security, was the bill brought, as not being damnified with respect to the
enjoyment of the tithes, &c., or if damnified it was by their own default.
The defendant pleaded in general to the jurisdiction of the court : that the Isle of Man
was an ancient kingdom, not part of the realm, though belonging to the crown of Great
Britain ; and that no lands, &c., there ought to be tried or examined into here : demand-
ing judgment whether he should be put to answer further.
LoED Chancelloe. — This comes to be of great consequence to all the courts in Eng-
land. There are two general questions on this plea ; first whether the plea is good in
point of form— not a trifling form, for if the objection thereto on the part of the plaintiff
be right it is material to the nature of such plea ? Secondly, whether good in substance ?
As to the first, it is objected for the plaintiff that although it is shewn in the negative
and alleged that this court has no jurisdiction over the Isle of Man, and that it is not to
be tried here : yet it is not shown in the affirmative, what other court has jurisdiction,
or that there are any courts in the Isle of Man holding plea thereof ; and the rule is
insisted on that whoever pleads to the jurisdiction of one of the King's superior courts of
general jurisdiction, must shew what other court has jurisdiction. I am of that opinion ;
and that for want thereof the plea is bad and ought not to be allowed, if nothing more is
in the case ; as it is expressly laid down in 2 H. 7, 17, a, and Doctrina placitandi, 234 ;
and agreeable to the general rule of pleas of this sort, as in the pleas of abatement,
wherein it must be shewn the'plaintiff may have a better writ. The reason of this is,
that in suing for his right a person is not to be sent everywhere to look for a jurisdiction,
but must be to'd what other court has jurisdiction, or what other writ is propor for him ;
and this is a matter of which the court where the action is brought is to judge. There
are not many authorities on this head, but in the old books of entries the form of pleading
is so; and the opinion oi JPopham, C. J., in Yel. 13, and Fitz. Ah. Sit. Jurisdiction con-
cerning Wales ; and although Lord Vaughau may have denied that to be law : he was a
very strong Welshman, as appears throughout his argument, in which though there is a
great deal of good and useful learning, yet it never was delivered, though intended to be
80. It is said to this, that the court ought in this case to take notice of what is the juris-
Y
66 NOTES ON THE CHRONICLE. — § 20.
diction ; that the matter of fact is shewn ; and it is likened to the case of inferior courts ;
wherein it is sufficient for the defendant to plead that the cause of action arose out of the
jurisdiction of that court ; but I cannot put this (which is a superior court of general
jurisdiction, in whose favour the presumption will be that nothing shall be intended to
be out of its jurisdiction which is not shewn and alleged to be so,) upon a level with an
inferior court of a limited local jurisdiction, within whose jurisdiction nothing shall be
intended to be which is not alleged to be so. 1 San. 74. 1 was desirous to be informed
how the pleas were in this court, which are looser than at law ; and no case has been
cited in which the plea to the jurisdiction of this court has not given jurisdiction to
another, as to a visitor. &c. Att.-Gen. v. Talbot, March 21. 1747, and Strode v. Little,
1 Ves. 58. But the case in 2 Ves., 494, of the Isle of Sarj^e is very material, and comes
nearest to the present case, where another jurisdiction where justice might be had, as
being parcel of Guemsej' was shewn. The plea therefore is not to be supported on this
point.
But secondly, to consider it on the merits and substance. The general averment that
no land, rectory, &c., there is examinable in this court is not true or well founded, but
laid down much too large ; because upon an equitable right to this Island, and both
parties resident within the jurisdiction of this court, it might be determined here. The
A question question here is to the right and title to the whole Island, which cannot
concerning be determined in the courts of Man; because that would be permitting
..,f ^]^ , ^^ the persons who claim the seigniory of the Isle to judge in their own case.
title to the
Isle of Man Then there must be some court or other here to determine that right ;
may be deter- either this court, or the King's Bench, or the King in Council. Cases
mmea here. ^^^. y^^ p^j. -^^ ^tjch this court and the King's Bench both have jurisdic-
tion concerning the right to the Isle. As upon a scire facias to repeal letters patent
granted of this whole Isle. It comes to this, then, that here is a question concerning the
title of this whole Isle brought in judgment by this bill ; but it is a question of law, not
of equity, and therefore this amounts oul}' to a plea for want of equity; for if some
court here must determine it, the question is which ? And if it was a question of equity,
it would certainlj' be this court, although it was of a matter out of its jurisdiction, as in
the case of the Isle of Sarke. So that upon a mortgage made of this Isle, and both
mortgager and mortgagee resident within the jurisdiction of this court, upon a bill con-
cerning it, the court would hold jurisdiction of it ; for a court of equity agit in personam ;
and then I will never suflFer a plea for want of jurisdiction in the court. But there is
another point as to the rectory and tithes, which is mere matter of equity as stated in the
bill ; the relief prayed against the collateral securities being burthened by this collusive
damnification : and if it be so, the plaintiff may have a very proper case ; but whether it
is so stated as to be sufficient to entitle to relief is not necessary to determine on a plea to
the jurisdiction. But supposing all this out of the case, in respect of the discovery there
is no colour to plead to the jurisdiction. The Isle of Man is subject to some court in
England : then the plaintift may come here for aid to discover his title; for he may bring
a general bill for discovery, without setting out his title : and upon a plea to the disct/very
and relief both, it may be allowed as to one and over-ruled as to the other. Then sup-
posing the jurisdiction to be in the King in Council, (although I do not know that it has
been shewn to be so,) a bill may be brought for a discovery of such title, and the court
ought to give that discovery, because the King in Council cannnot do it, nor compel the
NOTES ON THE CHRONICLE. § 20. 67
defendant to answer upon oath : although in some cases the court will not lend its aid to
a discovery; as not to aid the jurisdiction of an inferior court; and I have heard it said
not of an ecclesiastical court. The true reason is, that it is not wanted there ; for they
may compel an answer. But I will not hold the jurisdiction of the King in Council to
be of such a nature, as to be below the being aided by this court to give relief to come at
that discoverj' : as it must be determined in some court, the plaintiff is entitled to come
here to have that discoverj-. Supposing then the objection for want of form out of the
case, I must have over-ruled it as to the whole discovery, because it was a proper matter
for relief. The question then comes to this : Whether ever the court divided a plea to
the jurisdiction ? Of late indeed upon a bill for several matters of discovery and relief, if
A plea may there be a plea to the whole bill, which is a proper bar to part, the court
be allowed as divides it, and lets it stand good as to part ; although upon demurrer the
so of a'de- court over- ruled it wholly : but no instance that where a plea covered too
murrer. much the court ever divided it.
Trin. 25 George II. In Cane. 1751, July. Bishop of Man, v. Com. Derby ; and Corn-
Derby V. D. of Atholl.
{Souse of Commons Paper, No. 79, Session 1805, p. 42, see also Vese/s Reports, vol. 2,
p. 337.)
Ferdinando Earl of Derby, Lord of the Isle of Mann in fee, under the grant of 7th
Henry 4th to his ancestor Sir John Stanley, dying without male issue about the end of
Queen Elizabeth, leaving three coheiresses who laid claim to the Isle, an
Isle of 1 an agi-eemeat was entered into between them and their uncle William, then
Sta of Entails ^^"-^ °^ Dcrbj' ; in consequence whereof he obtained letters patent, 1th
or Wills, at no James I., granting the Isle to him, and the Lady Elizabeth his wife, for
time alienable their lives and that of the survivor, and after their deaths to James Lord
without the „ , , . ,,.,.. ,, .., ,, , . ■,
jjj . Ij, g Stanley, their son, and his heirs, together with all monasteries, advowsons,
and never de-tythes, &c. ; and by a private Act of Parliament in the same year (more
misable at all, fuHy stated hereafter) it was enacted. That the said Earl and Countess,
James I the *"^' ^^^^^ their deaths, James Lord Stanley and the heirs male of his body ;
possessor re- and, in default thereof, Robert Stanley, the Earl and Countess's second
strained from gQjj^ ^^^ jjjg jjgjjg ^^\q ^f jjjg ^g^y . j^jj^ f^^ default of such issue, the
alieMtion i"igl>t heirs of James Lord Stanley should hold the same premises under an
express clause restraining the grantees from alienating any part thereof
from their issue, or other persons appointed by the Act to take, and all grants and con-
veyances to the contrary were made void.
The Earl and Countess died ; James Lord Stanley, then Earl of Derbj% was beheaded
at Bolton Castle, for his adherence to Charles I. and II. and the premises being come to
his son Charles Earl of Derby, he, by deed of the 1st of November, 1666, reciting the
great poverty and distress of the clergy of the Isle, conveyed", in consideration of £1,000,
for 10,000 years to the then Bishop (the famous Dr. Barrow) and Archdeiicon, several rec-
tories and impropriated tythes witbin the Isle, and part of his inheritance, at an annual
rent of £66, and a fine of £130 every 30 years, in trust, to apply the profits for the main-
tenance of the clergy and erection of a free school there ; and by deed the 29th of January
following, conveyed the manor of Bispham and the lands of Merthop, in Lancashire, as a
collateral security for the quiet enjoyment of the premises so sold and conveyed ; and, in
68 NOTES ON THE CHRONICLE. — § 20.
case of interruption by the Earl, or any claiming under him or his ancestors, that the
Bishop, &c., should enter and hold nntil satisfied for their loss by such interruption. The
premises were quietly held under this grant until 1735, when James Earl of Derby died
without male issue ; upon whose death the Duke of AthoU, as heir at law to James
Lord Stanle}', entered upon the Isle, and oosted the clergy of the premises granted to
them by Earl Charles.
Upon this eviction the bishop and clergy brought their bill against the present Earl of
Derby, a remote collateral not descended from the grantees Earl William and Earl James,
for a satisfaction out of the collateral security ; and the Earl of Derby brought a cross
bill against the bishop and clergy, and against the Duke of Atholl, for relief against the
eviction, and insisting upon his title to the whole Isle, under the last Earl of Derby's
will. The Duke of Atholl pleaded to the jurisdiction of the court, but this plea was
overruled the 8th of February, 1748 ; and both causes being now heard, the court pro-
ceeded to judgment.
LoED Chakcelloe. — This case concerns the estate of a very ancient and noble family,
and a great deal of ancient learning has been not improperly brought into it ; but as I
intend proceeding upon plain grounds, I shall, in order to avoid further delay to the par-
ties, give my opinion immediatelj', without entering minutely into some of those points.
There are two bills brought, the first by the bishop and clergj- of the Isle of Man, by
reason of the eviction of the rectories and tythes by the Duke of Atholl, for a satisfaction
out of the collateral security given by Charles Earl of Derby in the reign of King Charles
II. The second bill is by the Earl of Derby, to be relieved as to the pretended eviction of
the rectories and tythes, and setting up a title to the whole Isle, under the will of the
last Earl of Derby. Several questions have arisen on both these bills, but they are in
effect all drawn in upon the original bill; for if the Duke of Atholl had no right to evict
the bishop and clergy of the rectories and tythes, or if the Earl of Derby has a right to the
whole Isle, there is an end to the causs at once. The particular questions relate either to
the relief pravf d bj* the cross bill or the defence made to the original one ; and I will con-
sider them in their natural order, — 1st, — Whether the Earl of Derb^' has a title to the
whole Isle? — 2dly, If he has, whether upon the cross bill, he may come into this court
for possession. This I mention that I may not seem to contradict myself in respect to
the determination upon the plea.
It appears to me on the Act of Parliament and letters patent, that tlie Earl as devisee,
has no title to the Isle; this learning is diff'usive ; I will just touch upon
' it, and touch upon those points whereon the decision must turn. Several
things are adtnitted on both sides, that the Isle of Man is not parcel of the realm, but of
the possessions of the Crown of Great Britain long held as feudatory, first of the King of
Norwaj', then of the King of Scotland, and afterwards of the King of England, by liege
homage ; that the law of England does not extend to it except it be the common law, so
far as it is consequential to the King's grant of the Isle, or certain Acts of Parliament
wherein it is expressly named. It is grantable by the great seal of England, not as parcel
of the realm, but of the possessions of the Crown, just as the great seal operates to grant
the lands in Jersey or the plantations, and so is 4,Inst. 284, and 2 And. 115, so often cited
in this case, where the question was on the effect of the grant ; it is held by liege homage
rendering two falcons to be presented to the King's heirs and successors upon the day of
their coronation, which is a tenure in free socage. For though lands held by homage are
NOTES ON THE CHRONICLE. — § 20. 69
presumed to be held by knight's service, as Lord Coke says, unless the contrary appears,
here the contrary does appear, for the letters patent contain an express exemption from
chivalry, and all military services and the consequences of them. The former tenure
under the grant made by Henry IV. to the Earl of Northumberland was grand serjeantry,
viz., carrying Lancaster sword at the coronation of his ^ccessors, Kings of England.
Whether this service of presenting falcons may not amount to petit serjeantry, being to
be performed to the person of the King at his coronation, or only to a rent service as was
said at the bar, I will not affirm, but still it is of the nature of socage. From the state of
the case 50 Elizabeth, 4 Inst. 284, one would think the only question then was, whether
it were a male fief or not, but by 2d And. it appears there were other questions upon a
deed to uses, perhaps to the uses of a will, and afterwards a devise of the Isle by such will.
The recitals in the private Act Ith James I. shew an agreement between the heirs general
and heirs male, and money as a price paid by Earl William to the daughters of Earl
Ferdinando, in consequence of which it was that without any surrender to the King a new
grant was taken from the Crown, for what causes does not appear, perhaps for fear of
some latent forfeiture, or else to prevent the necessity of a licence of alienation, which
would have been necessary for any conveyance among themselves, not moving from the
Crown. The letters patent bear date the 1th July, *ith James I., reciting a demise made
by that King the 28th June then last past, to Robert Earl of Salisbury, then Lord Trea-
surer, and Thomas Earl of Suffolk, then Lord Chamberlain, their executors and assigns,
for the term of twenty-one years from Michaelmas last preceding, reserving a rent of
twenty pounds per annum : the lease recited comprises the Isle, Castle, Peele, and lordship
of Man, with all the premises, by very particular and extensive descriptions, except the
possessions of the late monastery and priory of Rushing and Douglas, and the rectories
of Kirk Christe in Shelding, and Kirkcloven ; after this recital the King grants to William
Earl of Derby, and Elizabeth his wife, and James Stanley, son and heir-apparent of the
said Earl, the Isle, Castle, Peele, and lordship of Man, and all the same premises comprised
in the lease, with the like exception, together with the reversion of the excepted premises ;
and further grants that Earl William and Elizabeth his wife, and James I-ord Stanley his
son, and the heirs and assigns of the said James, shall for ever thereafter hold and enjoy
the premises, and all such and so many rights, royalties, franchises, and hereditaments,
as well spiritual as temporal, and as fully and freely, as William Le Scroope, Knight,
Henry Piercy, Earl of Northumberland, and John Stanley, or any other person, had ever
held the said Isle and premises, by virtue of any grant fiom the Crown of England, or
any Act of Parliament, prescription, or custom, or as the King or any of his progenitors
had held the same, to have and to hold the siiid Isle and premises to the said Earl William
and his wife, for their natural lives, and the life of the survivor, and after their deceases
to the said James Lord Stanley and his heirs for ever, to be holden of the King, his heirs
and successors, by liege homage, and by the service of rendering two falcons once only to
the said King James the First immediately after doing homage, and aftei-wards to his
heirs, Kings of England, on their respective days of coronation, for all other services,
customs, and demands ; then follows a clause that James Lord Stanley, his heirs and
assigns shall be free and discharged in respect of the granted premises from wardship and
marriage, and all the consequences of a tenure by knight service in capite, or otherwise ;
but this did not satisfy ; for James Lord Stanley might, according to these letters patent,
have conveyed the premises, and defeated his own sons or the heirs, general, for whio'
70 I^OTES Oy THE CHRONICLE. — § 20.
reason a private Act of Parliament, passed seventh James the First, which carves new
limitations out of James Lord Stanlej-'s fee. That Act was obtaiued upon the petition
of Earl William and Countess Elizabeth, and James Lord Stanley his eldest son and heir
apparent, and Robert Staulev the second son ; the preamble recites the petition, which
sets forth that the said Earl and his ancestors had for many j-ears passed, ever since
seventh Heiiri/ Fourth held and enjoyed the Isle, Castle, Peel, and Lordship of Man
with all their rights, members, and appurtenances, as their own proper inheritance, and
that the said Isle and Lordship had long continued in the name and blood of the said
Earl ; and to the end that the same may continue still by your Highness's princely favour
and gracious allowance, in his name and blood, so long as it shall please Almightj' God,
&c. It then enacts, that the said Earl William and Countess Elizabeth, for their lives,
and the life of the survivor, and after their deaths the said Lord Stanley and the heirs
male of his bod}', and after his death without such issue the heirs male of the body of
Earl William, and in default of such issue the right heirs of the said James Lord Stanley
shall hold and quietly enjoy the said Isle, Castle, Peel, and Lordship of Man, with all
other the premises against Thomas Lord Ellesmere Lord Chancellor of England, Alice
Countess of Derby his wife, late the wife of Ferdinando late Earl of Derby, and against
Henry Earl of Huntingdon and Elizabeth Countess of Huntingdon his wife, Guy Lord
Chandos and the Lady Ann his wife. Sir John Egerton, Kniglit, son and heir male appa-
rent of the said Thomas Lord Ellesmere, and the lady Frances his wife, and the heirs
male of the said Elizabeth, Anne, and Frances, who were the only daughters and coheir-
esses of the said Ferdinando late Earl of Derby, to whom the said Earl William had paid
divers sums of money for their claim, right, and title to the premises, as appeared by deed,
dated 14th February, sixth James the First, whereby they had agreed to give their con-
sents to the passing an Act of Parliament for extinguishing such right, title, and interest
as the}- pretended to in the premises ; and also shall hold and enjoy the same against the
heirs of the said Earl Ferdinando, and against Thomas Ireland, his executors, administra-
tors, and assigns. The description of the premises in this Act refers to the grant made
by the letters patent 7th July, seventh James the First before stated, and to the other
letters patent of 2d May in the following year, made during the then present session of
Parliament, to Earl William and Countess Elizabeth, and the heirs of the said Earl
William ; it further enacts that neither James Lord Stanley, nor any of the heirs male of
of his body, nor the said Robert Stanley, nor the heirs male of his body, nor any of the
heirs male of Earl WiUiam, shall have an}' power, authority, or liberty to give, grant,
alien, convey, or do away the said Isle, Castle, Peele, and Lordship of Man, messuages,
lands, tenements, titles, hereditaments, and other premises, or any part or parcel thereof,
from his or their issue or issues, or other persons by this Act appointed to enjoy the same,
but that the same shall remain and continue to the said James Lord Stanley and the heirs
male of his body, and for default of such issue, to the said Robert Stanley, and to the heirs
male of the body of the said Earl William, and for default of such issue to the right heirs
of the said Lord Stanley as before is by this Act appointed ; and that all gifts, grants,
alienations, bargains, sales, conveyances, assurances, and acts done or to be done, or made
to the contrary, shall be utterly void and of none eflFect ; saving nevertheless, that it shall
and may be lawful for them, and every of them to make such estate and such several parts
of the premises, as by the law and customs of the said Isle is usual, and to make such
leases and demises of such parts and parcels thereof, as tenants in tail by twenty-three
TLenry the Mghth may lawfully do within the realm of England.
NOTES ON THE CHRONICLE. — § 20. 71
Upon this view of the case, the first question arising is, Whether James Lord Stanley,
or any one claiming as his heir, had power to grant or alien this estate at Common Law.
Now without entering into the nice question upon the possibility of reverter as the law
stood before the Stat, de donis, and without regarding the restraining clause in this Act
abstractedly from these considerations, they could not, I think, have aliened without
licence from the Crown, even according to the construction of the letters patent ; for
though the tenure be quasi a tenure in socage, yet it is in capita of the King, of the
honorable kind ; a subordinate feudatory kingdom, and both by the feudal and common
law tenant in capite in socage could not alien without the King's licence, Mag. Charta,
c. 32, Inst. 65, and 1 Inst. 43, a b. If no licence be, the Land is either forfeitable, or the
aliener finable, Stat, de Frerog. Eeg. c. 6. The law is so still as to all those tenures that
are not within the Acts of Parliament enabling alienations without licence. The Earl-
dom of Arundel is alienable, and the alienee shall have his writ to Parliament, but it must
be upon an alienation by licence of the King ; and L. C. J. Hale, in a MS. treatise of his
which I have seen, is of the same opinion. As to Bentley Castle, (though it be not clear
that the latter is a feudal honour,) the reason is because the law was so originally, and
the Act which took away the court of wards and liveries did not extend to these honors ;
the case is the same as to other estates, whereto the Acts of Parliament of this nature do
not extend, and which depend on the general law of the land. So says Mr J. Wright in
his Treatise of Tenures, p. 29, 31, and 154.
If, therefore, a licence be necessary for any alienation or charge whatsoever upon the
inheritance of this Island, it might become immaterial to go into the other question upon
the private Act of Parliament of 7 James I. But this Act brings in another question
upon the restraining clause, viz., supposing the Isle alienable at Common Law, whether
the Alienation be not restrained by this special Act of Parliament, and this regards not
only the alienation of the whole Isle, bnt the demise of the tythes in 1666, for which by
the Common Law a licence was not necessarj', because being a term of years the freehold
and the tenure remained unaltered ; this may seem odd, that the King's tenant might
make ^ lease for a thousand years as this is, and yet not a grant for life without licence ;
but long terms of years at that time, and much more in the time of H. 4, were not usual
if allowable. Consider the clause of restraint in this Act ; it is equivalent to the prohibi-
tive and irritant clauses in Scotland, but wants the resolutive part.
But it is objected, that the Act is framed only upon the Stat, de donis
ObjectioD.
and that although the Isle be not within that statute, yet this Act is
analogous thereto, and creates estates tail instead of fee-simple conditional, and no restraint
of alienation is laid upon the heirs general of James, Lord Stanley ; —
But I cannot say that the whole meaning of this Act was to create
such estates and restraints only, as the Statute de donis does. No men-
tion is made of or reference to that statute. The intent is declared to be to continue the
estate in the name and blood of the Earl of Derby. Now the estates in tail male may go
with the name, yet they do not take in the whole blood, and merely on the foot of the
Statute de donis, there was no want of a restraining clause, because on that statute,
before Tallarum's case temp. Edward IV. which gave rise to common recoveries, tenants
in tail were restrained ; and even after that case this Island could not be affiected, for no
fine or common recovery could be had of it. Therefore in this sense the clause was un-
necessary and nngatoiy. It is truly said that the Statute de donis changed the possibility
72 N0TE3 ON THE CHRONICLE. — § 20.
t
of reverter into an estate, viz., a reversion or remainder in fee alienable by the owner.
But there is no warrant to say that the limitations and restraining clause are to be I50n-
strued as the Stat, de donis is. 1st, The recital, as I have already said, does not support
this notion. 2ndly, The enacting part goes farther than the Statute de donis, for the
Statute de donis only restrains the acts of those who shall inherit the estate tail ; this
Act restrains the alienation of the fee. The Statute de donis says, " ita quod illi quibut
tenementum sic datum fuerit suh conditione non habeant potestatem alienandi ;" which
words go only to those who take estates tail, not to the reversioner or those who take
under him ; this private Act goes farther, and says that they shall not alien or do away
the said Isle and premises from his or their issue or issues or other persons appointed by
this Act to enjoy the premises, whereby James Lord Stanlej' is restrained from doing acts
to prevent the fee from descending to his own right heirs.
. But still it is said that though there be words to restrain James, there
are none to restrain his right heirs ; —
True ; yet it is impossible the Legislature should intend to restrain James
and not his heirs, and the subsequent words declare all acts and conveyances
void which should be done to prevent the estate from coming to any of the persons men-
tioned or appointed in the Act, and exclude all supposition that a different right and power
were intended for the heirs than were vested in James himself. The like objection may be
made on the penning of the Statute de donis, 2nd Inst. 332, "ita quod non habeant illi
quibiis tenementum sic fuerit datum sub conditione potestatem alienandi tenementum sio
datum quominus ad exitum illorum quibus tenementum sic fuerit datum, remaneat post
eorum obifum, vel ad donatorem, vel ad ejus haredem (si exitus deficiat) revertatur."
Taking the words strictly, the persons here restrained are only the immediate donees, for it
is to them that the estate is given upon condition, and at Common Law before the Statute de
donis the condition after issue had was performed, and the issue took the estate subject to
no condition. This very question arose on the Statute de donis, 6 Edward XL formed on
52 and 4i Edward III, 29, and adjudged that the issue in tail could not alien any more
than the first taker to whom the land was immediately given, and that this was the intent
of the makers of the Act ; and thus it was held by Lord Coke, 2 Inst. 335, where he cites
these cases in the margin ; besides. Earl Charles was son and heir male of the body of
James Lord Stanlej', and therefore expressly restrained by the description as much as
James. But if the construction contended on behalf of the Earl of Derby be right, that
this Act is only equivalent to the Stat, de donis, then a limitation being made (as it is) to
Earl William and the heirs male of his body. Earl William would have been a remainder
man in tail, and might have barred his issue or heirs, if a fine or recovery could have been
had of the estate : or taking it to he a fee simple, conditional at Common Law, he might
have done it by grant or feoffment, i.e., by such a kind of legal conveyance as would have
passed this Island. This would be carrying it farther than the Earl of Derby's counsel
contend, and yet it is a necessary consequence of their argument.
But it is said that the last Earl of Derby had both the estate tail and
Objection. , ....,.,, , , ..... , ,
the reversion in fee in himself; and the maxim is relied upon quando dua
jura, concurrant, &c. ; —
This turns the other way, for the Earl was restrained by the Act both
as an owner of the fee and as tenant in tail. Suppose the Earl only
tenant in tail with the fee in a itranger, the Earl could not have aliened to the prejudice
NOTES ON THE CHRONICLE. — § 20. 73
of the stranger, nor the stranger to the prejudice of his own right heirs ; and if such
stranger, owner of the fee, would have been restrained, as he must, bj' force of the general
words, his heir would be included and restrained likewise. Besides the force of the words
the intent of the Act was clearly so : the family could not have made a settlement to
prevent alienation, even with licence of the Crown, though an Act of Parliament might
do it ; for the limitations in such settlement must have been as fee simples conditional at
At Common Common Law, and then the parties to the conveyance must have stopped
Law, a ter giigrt at James Lord Stanley, and the heirs male of his body: for if the
limitation to
A. and the limitation had gone farther to his right heirs, the condition wuuld have
heirs male of been released or extinguished, as the last absolute fee would have merged
'^ '*/,'.*. the base fee; so is Svmonds v. Cudmore, Cartk. 257, and other books,
general ami- ' ^
tation to his Before the Stat, de donis there could be no such limitation of lands in
right heirs or England as the grant of a conditional fee to A. and then an estate in fee
r n^'^ '• '^^^ simple absolute either to his right heirs or the heirs of any other person.
an absolute I say such a limitation could not have been made without an Act of Par-
fee, had de- liament, for the only interest which could have remained after the fee
8 roye e gjo^pig conditional was a possibility of reverter. Then what has this Act
fee. done ? It has not copied the Stat, de donis, but made a special inheritance ;
it has created so many estates tail or fee simples conditional, unalienable with a possibility
of reverter to the heirs general, and this in order to effectuate the intent ; for though the
coheirs at law had a composition paid them for their claims, yet they did not mean to
part with the possibility, and so the limitation to the right heirs of James was inserted.
Farther, the general words in the restraining clause, other persons appointed to enjoy
the premises, are extremely material, because they are answered only by the heirs
general.
But it is said that the power of leasing refers to such leases as may be
n]ade by tenants in tail; and this is one argument why these estates are
to be taken as estates tail, with a remainder in fee limited upon them.
In this there is no weight. The Act refers to the powers given to
tenants in tail by the 23 H. 8, for the sake of describing the kind of
leases, and such powers are often given by settlements, where the party is not tenant in
tail. The words of the Act are, " may make such leases as tenants in tail, by the statute
23 Henri/ 8, may lawfully do within the realm of England," which looks as if the parties
thought, and the legislature too, that general statutes do not extend to this Isle. Upon
the whole this Act makes the Isle unalienable as against the heirs general.
But supposing the Isle of Man was alienable by grant or feoffment at Common Law,
and the power of aliening was not restrained by the private Act of Parliament, the ques-
tion still remains, whether it is alienable by devise. As to this point, I hold myself bound
by the authority 4 Inst. 284, and 2 Aud. 115, 40 JEliz., whereby it was solemnly deter-
mined that the Statute of Wills does not extend to it. It is admitted the Stat, de donis
does not : and what reason can be invented why that old Act should not, and this latter
should ? By the Feudal Law it was cleail}- not devisable ; by the Common Law certainly
not without a custom ; and the feudists are more strong against testamentary dispositions
than any other species of conveyance, because of the weakness of the tenant in extremes
to judge of a proper person to succeed him in the feud, aud perform the services to the
lord. The Stat, of Wills shews that, before that statute even, Socage Lands were not
G
74 NOTES ON THE CHRONICLE. — § 20.
devisable withont a custom for it, and tbis being so, it is improper as well as unnecessary
for me to enter into the construction of the words of the will, whether they are sufficient
to pass the Isle or not, and I will not do it. The consequence is, that supposing it com-
prised in the words, the devise quoad hoc is void against the heir, and the demise for
10,000 years is void by reason of the nature of the settlement, and the restraining clause
in the Act of Parliament. It is admitted that an Act of Parliament may make a fee
simple unalienable : such Acts, then, are in some private families, and this lease appears
to have been doubted at the time of making it, which occasioned the taking a collateral
security.
2nd Question. The question upon the relief is whether, supposing the Earl of Derby
?• \-^ ^ had a title, he would or might have a right to come into this court for
relief m the ° ° _ _
King's Courts relief? And upon this part of the case, as it is not absolutely necessary,
unless possi- J vyjH not give a strict opinion even to bind myself. There might be
/ ' some doubt whether this court could entertain a jurisdiction in respect of
of some equi- •' '^
table ingre- a title to the whole Island, which is the demand upon the cross bill, un»
dlent as a jggg jj could be brought within the rule of law concerning the Commotes in
_^ g Wales, and the LordsJiip's ilarches otherwise I should think it could not
come into the King's courts. But Wales and the Marches were ancientij' part of the
realm. This is not, nor ever was indeed. If a point of equity, either upon a trust or
mortgage, had been shewn in this case to give jurisdiction to the court, the point of law
might have been sent into a court of law for their opinion upon a case staled, and I might
have retained the bill ; but here is no such point of equity suggested. For this reason I
That the ju- would not be understood to have over- ruled the Duke of AthoH's plea
nsdictionof ^^^^ ^lm opinon that the court could entertain the suit originally and
a superior
court must directly, but upon the nature and frame of the plea as in a plea to the
aflirniatively jurisdiction of a superior court the party must not only saj' negatively
lay the juris- ^j^^j. j.j,g jm-js^iction is not in the superior court, but show affirmatively
diction, and , . .
where, and where it is, which was the main point upon arguing the plea. Then it
can no more came to a question, whether I separate the matter of the plea and over-
th *^'/ ^^^ ^^ ^" ^Axt, and I was of opinion I could not, as a plea to the jurisdic-
ler. tion of the court ought not to be divided any more than a demuiTer.
But till that exception to the informality of the plea was taken, I inclined to have
allowed it as to the title to the whole Isle, and the account of the rents and profits, and
to have over-ruled it as to the absolute security.
And so dismissed the cross bill. — And upon the original bill directed an account how
much the Bishop, &c., were damnified by the Duke of AthoU's interruption of the annual
value of the rectories, &c., and of the lands of Bispham and Methop, which last were to
make good the past and future loss of the rectories, &c., to the Bishop and clergy, with a
proportionable deduction for the £62 per annum rent, and the £130 fine, payable every
thirty j'ears.
(As to the conclusion of this case see Act of Pai'liament in App. No.
m. to the Notes.)
"WUliain I., sixth Earl of Derby and ninth Lord of Man of the House
of Stanley, and his Countess Elizabeth, daughter of Edward, Earl of
Oxford, became under the grant of the 7th July 1609, jointly Lord
NOTES OS THE CHRONICLE. — § 20. 75
and Lady of the Isle during their joint lives. But as before mentioned
the government was administered in the names of the Earls of Salisbury
and Suffolk until, and during part if not the whole of the year 1611.
This course was correct, inasmuch as the demise to these Earls was not
revoked by the Act of Parliament, and thereby any right which they had
was saved. In the year 1611 or 1612 they must have surrendered or re-
linquished their demise, as they then ceased to rule the Island, but I
have not seen any deed or act of surrender on their part.
Seacome (p. 65) relates that Earl William had been abroad many years
before the death of his brother Earl Ferdinand in 1595, and that on his
return to England after his brother's decease few persons could identify
him. This story seems to be more strange than true, as Earl William,
(when he was the Honorable William Stanley,) was Governor of the
Island from 1592 to 1594. " Mem. — That the first daye of November,
Ao. Dni. 1592, Willm. Stanley, Esquyer, second sonne to the (Heniy
interlined) now Lord of the Isle of Man was swome Capten of the sayd
Isle at the Castell Russhen, in the accustomed place where the Gene^
Court of Gaole Delivery is kept, according to the ancient order of the
said Isle." {Liber Scaccar, 1593.)
J£ at any time his identity became a difficulty, the probability is that
it was subsequently to his being confirmed in the lordship of Man, for
strange to say it does not appear (so far as I have been able to search
in the insular records,) that he ever did any act as Lord of the Island,
either solely or in conjunction with his wife. But from 1612 to 1627 the
Island appears to have been ruled by the Countess Eliza-
Countess beth alone. Why this was so is unexplained. No refer-
Elizabeth ence is made to the circumstance in Seacome, and I have
in her own jjq^ found any document or reference to any document
name.
constituting the Countess Regent. The following extracts
from the records show that the Countess governed alone. Liber Cancel-
lar, 1612, No. 15. Petition of Rodger Marshall, of Shrewsbury, " To
the Right Hon^ie Lady the L^ Elizabeth, Countess of Derby," for re-
dress as to a cause of suit in the Island. The following order of the
Countess to the Governor, John Ireland, Esq., is attached to the petition,
" Mr. Irelande, — My pleasure ys that this petitioner have what favor
may bee by the lawes of the Islande, and that you and the reste of the
Officer^ there whom yt may conceme take that course that this peti-
tioner maye be satissfyed in his righte. And that those that hee hath
nominated for his atturneyes may use there best meanes therein. — E.
Derby." Libei' Scaccar, 1612, No. 13. " At Castle Rushen, the xiiij
day of July, 1612. We the 24 Keyes being this day assembled by virtue
76 NOTES ON THE CHRONICLE. — § 20.
of dii'eccons from the Right Hon'ble Lady, the Lady Elizabeth Coun-
tesse of Derby," &c. Liber Scaccar, 1613, No. 49, {Mills' Statutes 503),
Statute promulgated on the Tynwald Hill, 24th June, 1613, " Whereas
the Right Honble Lady, the Lady Elizabeth, Countess of Derby, was
truly advertized that because of the great imposicon by an ancyent
statute in this Isle for paying of custom heyrings (called Castle mazes),
in time of heyringe fishinge," &c. " And in regard thereof the said
Countesse both honorablie tendringe the good of the poore inhabitants
of the Isle, and desirous to have strangers well used, and to bringe
intercourse of trafficke betwixt them and the Islanders hath by her
honourable direccons in her lettres dated the 7th day of September last
past, appointed us, the Capten and Officers, to sette doune," &c. Liber
Scaccar, 1616, No. 16. " At the Chancery Court holden at Castle
Rushen, the 20th of March, 1615. Robt. Molineux, Esquire, Capt«n,
hath offered and made apparent in the face of the court, that John
Woods of Kk Michaell, being one of the 24 Keys, and therefore by him
the Capten expected to attend within the Isle for furtherance of the
Lord's service, to have been performed according to the Right Honrable
the Countesse of Derby her direccon, hath notwithstanding that com-
mand in contempt of authoritie presumed to have departed this Isle," &c.
(Mr. Woods was fined £3 6s. 8d.) Uber Cancellar, 1616, No. 19. Peti-
tion-of " Hugh CanneU, minister of the Word of God," " To the Right
Worii. Robert Molineux, Esquier, Capten and Gov'nor of this Isle, and
to the rest of my Right Ho^e Ladies Offics in this Ho^e Court." The
petitioner seeks redress for a disturbance created in a paiish chui-ch by
the parish clerk and others, from the Civil Government "now held there
under my HoWe Ladie." Liber Scaccar, 1626, No. 35. Petition of Nich*.
Thompson, " To the Right Honourable and most vertuose Ladie, the
Ladie Elizabeth, Countesse of Derbie." Appended to the petition is the
order of the Coimtess to Governor Holmewood for the complaint to be
enquired into.
It is presumed that the Countess Elizabeth died in 1626 or 1627, as in
the latter year James, Lord Strange, son of Earl William and of the
Countess Elizabeth, assumed the rule of the Island, though Earl William
survived his wife, and lived untU the 29th September, 1642.
Eule of There is a like difficulty in accounting for the acces-
James, sion of James, Lord Strange, in his father's lifetime ; but
^°^^ . there is this difference between the rule of the Countess and
Strange, in
lifetime of ^^^^ *^^ ^^^ ^*^^' — ^^^ Countess might be considered, so far
Earl Wil- as her husband was concerned, as a Regent, whereas Lord
^^ ' Strange claimed to rule in his own right as Lord of Man.
NOTES ON THE CHRONICLE. — § 20. 77
The following exti*acts will illustrate this matter. Liber Scaccar, 1627,
No. 91. Petition of John Chuley "To the Right Honorable James, Lord
Strange, Lo. of the Isle of Man." The order on it is as follows : — " To
my Captaine or Governor of the Isle of Man, and to the reast of my
Officers there. This poore petitioner's cause appearinge to be just, and
his wronge therein necessary to be redressed, my pleasure is that
yo*' forthw'*! upon sight hereof doe comitt to pryson y« defendant," &c.
"J. Stkange. Knowsley, 14th July, 1627." Idber Cancellar, 1627,
No. 23. Petition of Edward Moore, " Vicar of Kirk Patrick at Peele
wt'iin. the Isle of Mann," " To the Right Honorable the Lo. Strange."
The petition is one of doleance against the Bishop who claimed the
whole of the tithes of the parish of Patrick, whereas the petitioner
claimed one-third, the vicarage being a vicarage of thii-ds, and the
petitioner alleges in very strong terms the refusal of the Bishop to give
redress or a hearing of the cause in the Ecclesiastical Coui"t. The
following order is made on the petition : — "At my Manno'' of Lathome,
7° Auguste, 1627. The complaint of this poore man is pittifull and fitt
to be relieved, soe far as y^ equitie of his cause shall extend. And it
displeaseth mee much y* anie should be forced to sue to mee for justice
since y* I have given to yo^ my Officers sufficient authoritie to right
every man accordinge to the lawes and customes of the Isle : I therefore
thinke it fitt and hereby comand yC that this poore petitioner wt^out
any further delay have an impai-tiall tryaU by a juiye of twelve, sixe
whereof to be of the clergie, and the other sixe of the tempoi'alty to bee
chosen out of the 24 Keyes, and that according to their verdict ther be
execution done him forthwith. J. Strange. To my Captaine or his
Deputie, — to the reast of my Officers spirituall and temporall in the Isle
of Man." The verdict of the juiy commences, " By virtue of direcc'ons
from ye Right Hon^ble the Lord of this Isle," &c. (The jury on the 29th
August, 1627, found that the Vicarage of Patrick is a vicarage of thirds,
but that the personal complaint against the Bishop was not proved.
There was an appeal, but the verdict appears to have been sustained.)
Liber Cancellar, 1629, No. 11. An appeal of " Quayle v. Quayle," to the
Lord was heard before Alexander Rigby, Peter Winn, and Gabriel
Houghton, " Commissioners to the Right Hon'^ble James, Lo. Strange,
for the Isle of Mann." Mills' Statutes 86. Certain orders made by the
Governor, Council, and Keys on the 24th June, 1629, confirmed by Lord
Strange. Ibid 86. " Orders and directions given concerning the Isle
of Mann by the Right Honourable James, Lord Strange, Lord of that
Island, the 22nd day of November, Anno Domini 1636." " Forasmuch
as grievous complaiate is made to the Sovereign Liege Lord of this
78 NOTES ON THE CHRONICLE. — § 20.
Island by his Honour's poor tennanta," &c. Ibid 91. Statute passed at
a Court of Tynwald, 24tli June, 1637, by which it was " enacted, estab-
lished, and confirmed by the Sovereign Liege Lord of the Island, James,
Lord Strange, and by the Barrons, 24 Keyes, Commons, and Inhabi-
tants of the said Island, assembled at this court as followeth," &c. The
confirmation of Lord Strange is written at the end, subject to some
blanks being supplied by the Tynwald Court. (P. 97.) A certificate of
the promulgation (the blanks having been supplied and filled up) of the
laws " as they were commended unto us by the Right Honourable our
good Lord and Master, the Lord Strange," is appended, and (p. 98) a
further confirmation was given by Lord Strange on the 16th January,
1637.
Lord Strange was born 31st Januaiy, 1606, {Burhe's Peerage 288,) and
he therefore became of fall age in 1627, in which year he was by wzit
summoned to Parliament by the title of Baron Strange, (Seacome 71),
and also assumed the government of the Island.
Seacome (p. 69) gives the following extract from a deed by which Earl
Wflliam assigned his property to his son Lord Strange. It may be
looked upon as an act of abdication as to the sovereignty of the Island.
" Know ye that I, "William, Earl of Derby, Lord of Man and the Isles,
&c., being lawfully seized of and in my demesnes as of freehold of sundiy
houses, castles, lands, tenements, and honours, as weU in England and
Wales as in the Isle of Man, do by this my sufficient deed under my
hand and seal, bearing date this eleventh day of August, 1637, grant
and surrender to my son James, Loi-d Stanley and Strange, and his
heirs, all my term for life, interest, and estate whatsoever, of, in, and
unto the same lands, tenements, and hereditaments whereof I was so
seized," &c. The date of this insti-ument as given by Seacome, 11th
August, 1637, may be an error for 11th August, 1627, and if so, a suffi-
cient explanation is afforded of the circumstance of Lord Strange being
styled and acting as Lord of the Island in 1627.
Earl Wniiam was made a Knight of the Garter by Queen Elizabeth.
In 1603 he was by patent made Chamberlain of Chester for life, but by
a new patent in 1640 the office was conferred on Earl William and his
son Lord Strange jointly and on the survivor of them. It does not
appear that either he or his Countess visited the Island during the time
that they were Lord and Lady of the Isle. The circumstances of the
Countess being in the grants from King James I, and in the confirma-
tory Act of Parliament named jointly with her husband, (she having
had no claim of any description to the Island in her own i^ight) ; of the
Countess ruling alone during the whole period of theii* joint lives ; of
NOTES ON THE CHRONICLE. — § 20; 21. 79
Lord Strange taking the rule on his mother's death ; of the sui-render of
the Island to him by his father ; of Lord Strange being summoned to
the House of Lords on his attaining full age and in his father's lifetime ;
and of Lord Strange being joined with his father in the office of Cham-
berlain of Chester, lead to the supposition that Earl William must have
been labouring under some mental or severe bodily affliction which
rendered him incompetent to govern his people. It is difficult otherwise
to account for these circumstances.
Earl William and his Countess Elizabeth may be considered as having
reigned as Lord and Lady from 1611 to 1627, about sixteen years. The
Eaii died on the 29th September, 1642.
§ 21.
James I., the seventh Earl of Derby and tentji Lord of Man of the
House of Stanley, began as before mentioned his rule of the Island in
1627, he being then Lord Strange. He became Earl of Derby on the
death of his father Earl William, on the 29th of September, 1642. He
was a Knight of the Orders of the Garter and Bath, and was Lieutenant
of Cheshire, Lancashire, and North Wales. [Seacome 71, 74, &c.) He
was present at a Tynwald Court held at St. John's on the 24th June,
1637, when probably the Bishops and the holders of the possessions of
the ancient baronies of the Island attended and did homage to him as
their Sovereign Lord, as the Barons are mentioned as being present.
{Mills' Statutes 91.) In 1642 the Civil War broke out in England, and
after various efforts to assist King Charles I. against the Parliament,
Earl James came in 1643 to the Island (where the inhabitants were show-
ing symptoms of revolt,) leaving his Countess, the famous Charlotte de la
Tremouille, and his children, at Lathom House. On the Earl's arrival
in the Island he attended a meeting of the inhabitants held " in the
heart of the counti-y" (to use his own words, — probably at St. John's or
Cronk Urleigh in Michael,) to hear their grievances. {Mackenzie's
Stanley Legislation 25.) This meeting led to another meeting of the
Earl, his Council, the Bishop, spiritual Officers and Clergy, the Keys,
and four men from each parish, being held at Peel on the 18th July,
1643, — this meeting ending in the appointment of "a select Jury or
grand Inquest " of twenty-four men (twelve fi'om the Keys and twelve
fi'om the four men of the parishes,) who were sworn to present " all such
wrongs or abuses as have been comitted or acted against his Lordship's
prerogative, the laws of the Island, or the good of the comonaltie." On
the 30th October, 1643, the Earl, with the Governor and Coimcil, again
met the Clergy, the Keys, and the four men of the parishes at Castle
80 N^TES ON THE CHRONICLE. — § 21.
Rushen, ■when various orders for tlie remedying of grieyances were
agi'eed to and made. {Mills' Statutes 98, &c.)
On the 28th February, 1644, commenced the siege of Lathom House
by the Pai-liamentary ai-my under the command of General Sir Thomas
Fail-fax, the house being gallantly and successfully defended by the
Countess. The siege was raised on the 27th May, 1644. One incident
during the siege the Eai-l rendered memorable by the following order of
the 26th Api-il, 1645, made at the Foi-t in St. Michael's Isle. {Liher
Scaccar, 1645, No. 56). The signature of the Countess appears to have
been obtained to the document.
Bee it recorded, that James, Earle of Derby, Lord of Mann, &c., beinge in his LoP''
fforte in St. Michell's Isle, the 26th of Aprill, 1645, the day twelve months that the
house of Lathome havinge beene besieged close neare to three months, and gallantlie
deffended by the greate wisdome and valour of the Illustrious Lady Charlotte de la
tremoille, Countesse of Derby, bj' her LaP'* direction, the stoute souldiers of Lathome did
make a sallie and beate the enemie rounde out of all their workes savinge one, and
miraculouslie did bringe the enemies great raorter peece into the house, ffor which the
thankes and glorie is given iinto God, nnd my Lord doth name this fforte
Derby fforte.
Charlotte de la. tbemoille.
During the siege of Lathom the Earl left the Island and was present
at the siege of Bolton by Piince Rupert, general of the army of King
Charles I. The town was taken by the besieging force on the 28th May,
1644, the success being chiefly attiibuted to the courage and resolution
of the Earl. {Seacome 93, &c.)
The Earl, with his Countess and family, retiuTied to the Island in
1644. {Seacome 97). The Eaii appears to have remained in the Island
until 1651. Being uncertain how soon he might have to leave, on the
20th April, 1645, he by the following commission appointed Governor
Greenhalgh Lieutenant-General of the forces, and confeiTed on him
extraordinary powers as to raising troops and establishing martial law.
{Liber Scaccar, 1645, No. 54.) It does not appear that it was ever
necessary that those powers should be exercised.
James, Earle of Derby, Viscount Kington, Lord Stanley and Strange of Knockinge,
Lacye, Moughune, Bassett and Burnell, Lord of Mann and the Isles, &c.
To John Grenehalgh, Esqur., Goverao' of my Isle of Mann.
Having confidence and knowledge of your approved iudgment, valor, and integritie, I
have thought good (in theise dangerous times for his Ma*'^* better servic-e and greater
saftie to this countrey) by vertue of mj' power and authoritie to nominate and appoint
you my Lienetenant-gen'all over all the forces of this Island : Willinge and comanding
all oflScers, soldiers and others of what degree soever to be obeyinge, aidinge, and assist-
NOTES o:n the chronicle. — § 21. 81
Inge to you, soe often as you shall require them in anie service for the saftie of this
countrey as in your discrecon you may think most fitt.
Alsoe I hereby give you power upon any occasion of invasion, rebellion, or the like, to
raise an army or armies, and them to continue in a bodie or otherwise for longe, and in
what place or places you think most convenient.- Also w'^' the same to kill, imprison, or
otherwise to punish anie enemie accordinge to your owne discrecon.
Moreover you have hereby power to p'don and forgive them whom you thincke worthie
of itt. And for the better enablinge of you to this greate chardge you shall nominate
and appoint all the officers of the armyes. And if anie of them misbehave themselves
you may againe displace and punish them.
Hereby also I doe declare that you shall have power of marshall-lawe over the said
army or armies, to execute the same by yourself or others deputed by yon according to
anie former custome of this countrey or is known usuall att this tyme of warre, in the
neighbor kingdoms for prevencon of invasions and suppression of insurreccons. And
this to continue duringe my good will and pleasure, ffor which this shall be your sufficient
warrant. Given at my Castle of Rushen, under my hand and scale, this three and
twentieth day of Aprill, in the yeare of our Lord God one thousand six hundred fFortie
flive. J> Derby & Manx.
The Earl was present at Tynwald Courts held at St. John's on the
24th June, 1645, and on tlie 24th Jane, 1647, on both of which occasions
laws were promulgated. {Mills' Statutes 106, 112.)
King Charles I. was executed and the English Commonwealth com-
menced on the 30th January, 1649, and on the 20th September, 1649,
the Long Parliament, or the remnant of it styled the Bmnp, passed an
Act conferring the Island on Lord Fairfax. But this Act did not take
immediate eifect, the Earl ha^dng continued in possession until his
death in 1651 ; in fact the Act had no recognition in the Island until
February, 1652.
In 1649 Commissary-General Ireton communicated to the Earl the
offer of the Parliament to restore his estates, if he would suiTender the
Isle of Man. The answer of the Earl, styled by Sume " spirited and
memorable," is worthy a place here.
Castle Town, July 12, 1649.
Sir, — I received your letter with indignation and scorn, and return you this answer :—
That I cannot but wonder whence you should gather any hopes from me, that I should
like you prove treacherous to my Sovereign, since you cannot but be sensible of my former
actings in his late Majesty's service, from which principles of loyalty I am no whit
departed. I scorn j'our proffers, disdain your favour, and abhor your treason ; and am so
far from delivering up this Island to your advantage, that I will keep it to the utmost of
my power to your destruction. Take this for your final answer, and forbear any further
solicitation, for if you trouble me with any more messages on this occasion I will burn
the paper and hang the bearer. This is the immutable resolution, and shall be the un-
doubted practice of him who accounts it his chiefest glory to be his Majesty's most loyal
and obedient servant. Dbebt.
{Seacotne 130, Hwme's Sistory of England, chap. 60.)
H
82 NOTES ON THE CHRONICLE.— § 21.
In August, 1651, the Earl being desirous of aiding the King (Charlea
n.), took from the Island into England a party of volunteers ; but ho
first empowered the Countess, (whom he left in the Island,) to act for
him by the following commission. {Bolls Office.)
James, Earie of Derbie, Viscount Kinton, Lord Stanley and Strange of Knockinge, Lacy,
Monghnne, Bassett and BurneU, Lord of Mann and th'isles, and of the Most
noble Order of the Garter Knight, &c., &c.
To all people to whome theise presents shall come. Knowe yce that uppon the espetiall
trust and confidence which 1, the said Earle, have and repose in the knowne w-isdomo
and courage of you Dame Charlotte de la Tremoille, my dear and welbeloved wife, have
thought good, (espetiallie in theise dangerous tymes,) for the better saftie of this Isle and
countrey, and of my castles, £Fourtes, and garrisons therein, to nominate and appointe, and
I doe hereby nominate and appoint you in my place and steede, (beinge readie by God's
assistance to advance with my fforces for England uppon his Ma*'"®' service,) to order and
dispose of all and everie the fforces of this Island, and the officers and soldiers thereof of
what degree whatsoever, as to your wisdome shall bee thought meete : Willinge and
comandinge all officers in commission or otherwise to bee obeyiuge, aidinge, and assistinge
to you uppon your comande, and uppon anie your dislike or displeasure on iudicions
cause found against any of them, to displace and dischardge such like officer and officers,
soldier and soldiers, from the exercise of their further duties in this Islande, notwithstand-
inge anie my further comission or comissions given or granted to them or anie of them,
and new officer and officers, soldier and soldiers (at your good likinge), from tyme to tyme
to make and ordaine by comission under your hand and scale of armes, or otherwise, in
as full and ample mauer to all intents and purposes as I in my owce p'son might, could,
or should make and ordaine the same. Moreover I doe hereby give you power uppon
occasion of invasion, rebelUon, or the like, to raise anie aimy or armyes by your selfe or
by your officers, and them to continue in order (or otherwise) soe longe and in what place
or places you shall thinke meet : And with power to kill, imprison, or other^vise to punish
enemies accordinge to your good discretion, and power likewise to p'don and forgive all
such of them whome you thinke worthie of itt. FfurtLer alsoe I doe hereby give you
full power and authoritie (in my absence) to dispose of, place, or displace all officers of
this Island, spivituall or tempoiall ; and free p'don of liffe, member, and goodes to all
dellinquents (after judgment given) to give and grant at your will and pleasure under
your hand and scale or otherwise. Given under my baud and scale of armes, at Castle
Kushen, the sixth day of August, in the third yeare of his Ma*'«^ raigne over Great
Brittaic, &c., and Ano. Dni. one thousand six hundred ffiftie one, 1651.
J. Deebt.
The charge on which William Christian was tried in 1663 was high
treason in opposing the Countess whilst acting under this conunission.
The oflfence is set forth in the indictment in the following words : — >
{Liber Scaccar. 1663.) The jurors find " WiUiam Christian, late of
Ronaldsway, gentleman, to bee a traitor, for his insun-ection and
ti'eacherie against the Right HonWe the Countess Dowager of Derby, at
such tyme as her Lai'P was in the year 1651 fully intnasted and ympow-
ered with the state and government of the Isle of Mann, in j;he absence
NOTES ON THE CHRONICLE, — § 21, 22. 83
of the Riglit lionWe James, late Earl of Derby, Lord of y^ said Isle, iu
wMcli tyme tlie said Will™ Ciiristian. assumed the power unto himself in
becoming y^ heade of y^ said insurreccoa and depriving her LaPP and
his LoPP and heyeres thereof," &c. The Countess appears to have acted
as a Regent in the absence of the Earl, not only in military but in civU
matters, for we find that on the 15th September, 1651, she granted to
Richard Stevenson, Captain of Arbory, his heirs and assigns, the estate
of Balladoole and other lands " lately in the possession and occupation
of his father and. ancestors, to be holden according to ancient custome
and houldinge of tenant right in this Isle, called the tenure of the straw,
for ever," The gi'ant is made in consideration of services rendered to
the Earl and his family. {Liber Cancellar. 1654, No. 51.)
The Earl with his forces had an engagement with the Parliamentary
forces at Wigaa, and was defeated. He then attended the King at the
battle of Worcester, which was lost to the Royalists on the 3rd Septem-
ber, 1651. The Earl was taken prisoner and conveyed to Chester, where
he was tried by a coiirt martial in October on the following charges : —
" That he had traitorously borne arms for Charles Stuart against the
Parliament ; that he was guilty of a breach of an Act of Parliament of
the 12th of August, 1651, prohibiting aU correspondence with Charles
Stuart or any of his party ; that he had fortified his house of Latham
against the Parliament ; and that he now held the Isle of Man against
them." He was found guilty, and sentence of death was pronounced
against him. The sentence was cai-ried into efi'ect on the 15th October,
1651, when the Eai-1 was beheaded at Bolton. {Seacome 117, &c.) He
was thus the second King unrighteously slain by authority of the
usui-ped power in England, — and, amongst other charges, for the crime
of having dared to defend his own kingdom.
Earl James died in the twenty-fifth year of his reign as Lord of Man.
§ 22,
Earl Charles became de jure Lord of the Island on the death of his
father, but not de facto, for we find that almost immediately after the
death of Earl James the Island was surrendered to the Parliamentary
forces. Previous to the 15th October, 1651, Courts of Common Law
were held by Sir Philip Musgrove, the Governor under Earl James, on
the 20th of the same month (when probably the news of the death of
James had not reached the Island,) he held a Court of General Gaol
Delivery at Castletown {Liber Plitor, 1651), and on the 2nd November,
84 >;OTES ON THE CHRONICLE. — § 22.
1651, tlie taking of the Island was complete, for Colonel
by the Par- Robert Duckenfeild and Colonel Thomas Birch, by letter of
liameutary that date reported to Parliament their proceedings touch-
orces. ^^ ^^^ taking of the Island and Castles Rushcn and Peel.
The letter was read in the House of Commons on the 6th November, 1651,
when thanks to Colonels Duckenfeild and Birch and to the officers and
soldiers under their command were voted. {Journal of Souse of Commons,
6th Nov., 1651.) Colonels Duckenfeild and Birch had been sent by the
Pai'liament with a force to subdue the Island, which was defended under
the command of the Countess Charlotte, — but against her will, terms were
agreed upon on behalf of the inhabitants between William Christian, the
Receiver General of the Island, and Colonel Duckenfeild, the Commander
of the Parliamentary forces, for the surrender of the Island, and the sur-
render was effected without bloodshed. The uselessness of resistance at
this time, when all other parts of the kingdoms had been subdued, was
apparent to the inhabitants of the Island, and they concurred in the sur-
render on being guaranteed the enjoyment of their laws and liberties.
{Depositions in case of Christian. — Liber Scacear. 1663.) As to the Coun-
tess, " she retained the gloiy of being the last person in the three king-
doms, and in all the dependent dominions, who submitted to the victorious
Commonwealth." {Mtime's History, chap. 60.) On the 11th November,
1651, the articles made upon the rendition of the Island and the Castles
therein were confirmed by Parliament. {House of Comm/)ns Joui-nal.)
Colonel Duckenfeild, as the military commander of the expedition
against the Island, appears to have assumed the Governorship of the
Island, and Captain Samuel Smith was appointed Deputy Governor.
(Both Duckenfeild and Smith had been members of the coui't-maiiial
by which Earl James had been tried and condenmed. Seacoms 117.)
Until the 23rd Febniary, 1652, the Island appears to have
p been governed in the name of the Commonwealth of Eng-
wealth of land, and not on behalf of Lord Fairfax, on whom it was
England. conferred by an Act of the Parliament in 1649, the bonds for
publichouse licences and for other purposes takeninthe RoUs Office, being
made "to the use of the State of England," {Liber Scacear. 1652,) and not
to the use of the Lord of the Island as had been formerly the custom, and
as was the case after Fau'fax was acknowledged as Lord. That the
Island was governed in the name of the Commonwealth appears also
from the Hotise of Commons Journah of 5th December, 1651, when on
the x'ecommendation of the Council of State the pay of the Governor and
the military establishment of the Island was agreed to. The Council
of State also reported as their recommendation, " That the Isle of Man
NOTES ON THE CHRONICLE. — & 22. 85
may be taken in as part of England, yet retaining sucli laws already
established as are equitable and just, and more suitable to tbe condition
of tbe people tban any otber that can be imposed, to wbicb end it will
be convenient tliat Dymster Christian and his brother the Receiver, two
of the ablest and honestest gentlemen in the Island, may be commanded
to attend the Council, by whom they may receive a full and true account
touching their laws." (From the Journals of the House of Commons
it appears, that after the Government of Lord Fairfax was established
the Parliament kept a military force in the Island, and made an allow-
ance to the Governor as such besides giving him the pay of a captain.
Journals, 15th September, 1653 ; 20th and 27th January, 1659-60 ; and
3rd Februaiy, 1659-60; but the Governor was appointed during this
period by Lord Fairfax.)
In Liber Scaccar. 1652, No. 1, is the following order or proclamation
issued by Colonel Duckenfeild as Governor : —
Forasmucli as by an order made by the Officers of this Island, It is declared that the
ffanners and other inhabitants of the Isle shall furnish the markets with corne and other
victual! weekelie for the supplie of the Garrisons, the townes-people and poore of the
Islande, which order is now much neglected, and consideringe the number of soldiers
that is now in the severall Garrissons of this Isle, such supplies of corne and victuall
of necessitie must be had, I doe therefore hereby require the Control!' and Gierke of the
Roulles to send out presepts to the severall parrishes of the Islande to that effect, that
such neglects may be amended.
And whereas alsoe there is another order for the rate of Come not to be above xvj» a
boule for wheate and mault and soe forth for other graines as by the said order is expressed,
I doe looke and expect that the said Controller and Gierke of the Roulles make dilligent
inquiries by the Coroners and Lockmen of this Islande, whether any maner of p'son or
p'sons of the Isle have transgressed or hereafter shall or doe transgresse or breake the said
order, and to take due presentments thereof that soe such fine and punishment may bo
inflicted as by the tenour of the said order may be warrantable. Given under my hand at
Castle Rushen this first day of December, 1651. Robekt Duckenfeild.
. The conquest of the Island being complete, Thomas
Thomas Lord Fairfax asserted his right under the Act of Paiiiament,
Lord Fair- and appointed James Chaloner, William Steane, and J.
^^" Rushworth Commissioners to enquire into his estate in this
Island, with the yearly value thereof. The Commissioners on the 4th
December, 1651, deputed Captains Eaton and Beale to make the enquiries
and to give notice to the tenants in the Island of his Lordship's right
thereto. The following is the deputation : — {Liher Scaccar. 1652, No. 16.)
Whereas the Parliam' of England by their Act of the 20t'» of September, 1649, inti-
tuled An Act for settling Mannors, Lands, Tenements and Hereditaments of the cleare
yearly value of4f)Q0^ upon Thomas Lord Ffairfax, the Captain Generall of the forces
86 NOTES ON THE CHRONICLE. — § 22.
%
of the Parliame' of England, Have invested the said Thomas Lord Ffairfax with all that
the Island Castle Pele and Isle of Man situated and lying in the seas betwixt England
and Ireland, with all Islands, Lordships, Piles, Castles, Monastery, Abbies, Priories
adiacent and belonging to the said Lordship of Man, and whitch late were the inheritance
of James Earle of Derby, in as large and beneficiall a manner to all intents and purposes
what soever as the sayd James Earle of Derby had or might have enjoyed the same, We
doe therefore in the right and behalfe of the sayd Thomas Lord Fairfax and as intrusted
by him, constitute and appoint you by all good wayes and meanes, to enquier into the fore-
said estate in the said Isle of Man, with the yearly valine and profittes thereof, and to give
notice to the respective tenants of the said Thomas Lord Fairfax his right thereto, — the
returne wherof we desier you to send unto us. Given under our hands the 4th off Desem.
165L
James Chaloijee.
Wm. Steane.
Jo. RUSHWOETH.
To Captaine Eaton and Capt. Beale.
The directions of the Commissioners were published at Castletown on
the 23rd February, 165^, on which day Fairfax was acknowledged as
Lord of the Island as appears by the following memorandum appended
to the foregoing deputation : —
" M"", 23^ ffebr 1651.— That this day the Officers and xxiiij Keys of the Islande and
fonre men of every P'ishe were convened at Castletowne, and these directions published
before them by Capt. Smithe, Deputie GoV^ of the Islande, in p'sence of the said Capt.
Beale ; And every of them did cbearefully accept as and acknowledge the said Tiio. Lo.
Ffairfaxe ffor ther Ho'''>'« Lord and Master."
Captain Smith appears to have continued as Deputy Governor, and
as such to have held the courts until his death in June, 1652. (By the
Malew Parish Register he appears to have been bui'ied on the 27th of
of June, 1652, in the garden or ditch of Castle Rushen.) Lord
Fairfax subsequently on the 18th August, 1652, appointed James Cha-
loner and Robert Dyneley, Esqrs., and the Rev. Joshua Witton, Com-
missioners to act for him in the Island. The following is the Commis-
sion. {Liber Scaccar. 1652, No. 41.)
Whereas I Thomas Lord Ffairfax have by Act of Parliam* the Lordshype and Islande
of Mann conferred upon mee, Have therefore thought it most fitt and necessarie as a
dutie incumbent upon mee to take care for the good governm* and wellfare of the inhabi-
tants of the said Island. In order whereunto I have thought fitt to nominate, apoint,
and constitute as my lawfuU Deputies or Comissioners James Chaloner, Robert Dyneley,
Esq", Joshua Witton, clarke ; And by theise presents I doe nominate, apoint, and con-
stitute James Chaloner, Rob' Dyneley, Esq'''., Joshua Witton, clarke, my lawfull Deputies
or Comission''* to heare, consider, and determine of or concerninge all matters and causes
of or belonginge to the said Island, w*'* as full power and authoritie by such wayes and
meanes as any Deputies or Com" heretofore had or might have acted by, or as I myselfe
NOTES ON THE CHEONICLE. — § 22. 87
if personallie present might lawfullie have or doe, Savinge and reserving to myselfe
nevertheless a power of approvicge or disapprovinge of whatsoever my said Deputies or
Com" shall act or doe coucerningc the coutinuinge, placinge, or displacinge of any
Minister or Ministers of iustice, oflScer or officers of or belonginge to the said Island.
This my deputation or comission to have continuance duringe the residence of my said
Deputies or Comiss''" in the said Island, and for noe longer by me. In witues and
confirmacon hereof I the said Tho. Lord Ffairfax have hereunto set my name and affixed
my scale of armes at Nunn Apleton this eighteenth day of August, in the yeare of our
Lord God 1652. Tho. Fbaibfax.
It may be inferred that it was liis Lordship's intention at this time to
dispense with the appointment of a Governor, — the Commissioners
performing all the duties, as in Idber Plitor. 1652 we find that in October
1652, the Courts of Common Law and General Gaol Deliveiy were held
" in the name and right of Thomas Lord Ffaii-fax, Lord of Man and the
Isles," before the Deemsters, Comptroller and Clerk of the Rolls, the
Receiver-General and Attorney- General — ^i-eference being made to the
Commission of the 18th August, — but the Commissioners do not appear to
have been present in the Courts. The mode of holding these Courts was an
irregulaiity, — the presence of a Grovemor, notwithstanding the presence
of the Lord or his Deputies or Commissioners in the Island, being
indispensable, and the irregulai-ity was not repeated. The next Common
Law Courts were held in January, 165J, before Captain Matthew
Cadwell, Governor, and the other officers, and in the proceedings is the
following entry : — {Idber Plitor. 1653 :) — " Me" — there were noe Courts
houlden at May last nor Michelmas for want of a .Governoi*, — soe these
Courts now houlden stand for Michalmas Court last." In these times
of general laxity as to constitutional forms and procedure, this adherence
to the Insular constitution is very remarkable.
It is also remarkable that the Parliament, having established a republi-
can form of Government in England, should not have permitted the
same form of Government to be adopted in the Island, but should there
have continued the monarchical form by investing Lord Fairfax with all
the rights and powers possessed by the former Lords of the Island. The
case is somewhat similar to that of the Fi'ench Republic in 1849 sup-
pressing the Roman Republic, and re-establishing the Papal Government.
The difference between the two cases is, that the English Republic, with-
out consulting the wishes of the Manx people, continued over them the
monarchical form of Government, a form to which they gladly adhered ;
whereas the French Republic suppressed the Roman republican and
re-established the monarchical form of Government, entii'ely against the
will of the Roman ;people.
88 NOTES ON THE CHRONICLE. — § 22.
It seems to have been considered as law in tliese times, as was decided
in the case of the Earl of Derby in 1716, (see notes on § 24,) that the
grant to Lord Fairfax was not so absolute as to prevent an appeal by
the subject to the Sovereign power in England. The following case
of Elizabeth Parr, Executrix of Richard Parr, late Bishop of Sodor and
Man V. Sir Hugh Cannell, clerk, acknowledges such right of the subject.
iUber Cancellar. 1653, No. 41.)
To the Right wor" Cap*- Mat. Cad well. Govern' of this Isle.
The humble appeale of Hugh Cannell, clerk.
In regard your suppliant (upon his humble peticon) is denyed Lycence to repaire to the
Bight Hoi''« Thomas Lord Fairfax, Lord of this Isle, for redresse as hitherto (by the
eustome and comon practice of this Islande,) hath beene formerly' ever usuall ; and not-
withstandinnge that his Lordship hath (by his orders lately' sent over) ratified and
confirmed the Lawes, Customes, and Liberties of this Island to the people and inhabitants
thereof ; Therefore your suppliant doth hereby humbly appeal as a subject to the Comon-
wealth of England from all Courts of Judicature here, to his Excellency and Highnesse
Oliver Cromwell, Lorde Protector of Englande, Scotlande, and Ireland, and to the Parlia-
ment of the Comon-wealth of England for further redresse, and alsoe humbly craves the
acceptance of this his appeale. Hu. Canneil.
January the 19th, 1654.
2d ffebruary, 1654
Fforasmnch as the peticon' hath had alreadie his adress by appeale to the lord of the
Isle upon the decree of Court made against him in the recovery of M" Parr, wh'^^ was
the occacon (wliere-uppon the said appeale was preferred,) and that his lordship hath (in
answere thereunto) confirmed tlie said decree : Therefore it is conceaved impropper to give
way to any further appeale to the trouble of his lordshippe to the deferringe of tiie s"* M"
Parrs recoverj'. But if the peticon' doe find himselfe aggrieved by any the preceedings
relatinge to the said business by his Lpp and the Court, and will desire (in that respect)
to have adress to his Highness the lord Protector and parliam* of England, the same
shall be humbly accepted of, and a reasonable tyme give for the prosecucon thereof,
giveinge in sufficient securitie into the records accordinge to order, wherein if he doe faile
to returne their Highness and bono" answere in the premisses by the time limitted,
then imediatt execucon is to be given for the satisfaccon of the said M" Parr or her
assignees accordinge to y^ decrees aforemenconed.
Mat. Cadwexi.
The reign of Lord Fairfax ended on the 28th May, 1660, (being the
ninth year of his actual rule,) as appears by the following entry in
Malew Parish Register : — " 1660. Charles the Second, by the Grace of
God, King of England and France and Ireland" " was also proclaimed
in the Isle of Man in Peeltown at the Cross, May 28th ; at Castletown,
May 29th ; at Douglas Cross May 30th ; and at Ramsey Cross May 31st,
1660, with shouting, shooting of muskets and ordnance, drinking of
beer, with gi'eat rejoicing. The Governor James Chaloner being at the
NOTES ON THE CHRONICLE. — § 22. S9
said places attended mtli tlie Officers, civil and spiritual, 24 Keys, the
Captains of the Parishes, and above 60 horse, besides the Officers in
each town aforesaid." (Chaloner was the Governor appointed by Lord
Fairfax.)
Charles, the 8th Earl of Derby and 11th Lord of Man of the
Keiga of .
j;3j.l Stanley line, succeeded his father. Earl James, as Lord
Charles. de jure at his father's decease on the 15th October, 1651, as
before mentioned, but commenced his rule de facto on the 28th May, 1660,
when King Charles II. was proclaimed ; or rather on the 13th July, 1660,
when he issued the following commission. {Liber Irrot, 1660.)
Charles Earle of Derby, Lord of Mann & th 'isles, &c.
To all whom these presents shall come greetinge. Know ye that for divers good causes
and considerations me thereunto movinge, And for the laudable and acceptable services
before this tyrae done unto mee by my right trustie and wel-beloved Roger Nowell, of
Neade in the County of Lancaster, Esq'., William Ffyffe, of Widdaken, in the County of
Lancaster, Doctor in Phisicke, Richard Sherlocke, B.D., Samuell Hinde, B.D., Bartholo-
mew Holme, of Holland, in the foresaid Countie of Luncast', gentlema', John Jones, of
Lathome. in the said Countie, gentlema' ; Rob* Colcott, of the Nunnerie, in the Isle of
Mann, and Richard Stevenson, of Balladoole, in the Isle of Mann, gentlemen, Have
thought filt upon consideration of their greate meritt, and being assured of their fidelitie
to me, and abillitie in my service, have by these presents in an especiall maner, grace,
& favour, made ordained and constituted them my said trustie and welbeloved Roger
Nowell, Will"* Ffyfe, Rich. Sherlocke, Sam. Hind, Bartho. Holme, John Jones,
Rob* Calcott, and Richard Stevenson, Comission" ffor mee & in my name, place, & stead
to demand, receive, take, and enioy for in^' service, my said Isle of Mann, and all
ymmunities to the said Isle belonginge. Requiringe hereby all p'sons whome theise may
concerne to give couformetie and obedience hereunto, so that there maj' be delivered npp
unto them my s"* Commissioners, all ray castles, ffoarts, mansions, poarts, garrisons,
lands, tenements, cnstomes, offices, rents, revennewes, and services, of what kind and
nature soever, by wliat stile, state, aut'.ioritie, or honour are held by dny p'son or p'sons
whatsoever in my said Isle of Mann, with all and singular coraodeties, emoluments,
p''eheminences and nominations w '' in my s<* Isle, and to the same appertaininge, and
as were formerlie held & enioyed by my late endeared fither of bono'"'''* memorie,
James Stanley, Earle of Derby, then Lord of Mann & of tli'isles, of antient &
undoubted right belonginge unto mee : Hereby givinge and grantinge unto my beloved
Comission" Roger Nowell, Will, ffyfe, Rich. Sherlock, Sam. Hinde, B.D., Bartho.
Holme, John Jones, Rob'- Calcott, Rich. Stevenson, or any three or more of them, my
powere & full authoritie to order & manage the said Isle for my hono* & interest,
as also for the good & saftie thereof, a due regard being had to the right of the inhabi-
tants of the said Isle; and to lett, sett, & dispose of all & singular the offices, bono",
castles, garrisons, poarts, ffoarts, lands, tenements, and all other the rights, dues, duties,
& services as to their wisdome for mj' bono' & behoofe shall seeme requisite, v>^^ doe
of an undoubted. & knowne right belonge unto me, and formerlie had & enioyed by
the right hono''^'^ my late father in his life, or his p''dicessors of greate renowns and
dignitie. I hereby ratiffyinge and coufivminge all and singular the respective act and
I
90 JJOTES ON THE CHRONICLE. — § 22.
acts, matter and matters, thing or things, that my said trustie and well-beloved Roger
Nowell, Will" ffyfe, Rich. Sherlock, Sam. Hinde, Earth. Holme, John Jones, Rob*- Cal-
cott, and Richard Stevenson, or any three of them shall act or doe ; all which beinge soe
acted and done by them, doe by these p'sents for me and my beyres corroborate and
confirme, for the service of w"^'' I have made, constituted, and appointed them the said
Roger Nowell, Will™ ffyfe, Rich. Sherlock, Sam. Hinde, Barth. Holme, John Jones,
Robt. Calcott, and Rich. Stevenson, or any three of them as abovesaiJ, to be ymediate
Comissioners in all powers as well ecclesiasticall as civill duriage my pleasure, and therein
to act w*** as full power and authoritie as if I were there p.sonnally p'sent. To whom I
require all due obedience to be given from all p.sons inhabittmge in my said Isle. Pro-
vided always, that none of theise Comissioners either iointly or severallie act or doe any
thinge contrarie to such private instructions as shall appeare under my hand and scale.
As also that the said Roger Nowell, Will™ ffyfe, Barth. Holme, John Jones, Robt. Cal-
cott, Rich. Stevenson, nor any of them shall not hinder or oppose, but forward, assist, and
abett Rich. Sherlock and Sam. Hinde in what thej' shall act by vertue of delegation from
the Archdeacon of the said Isle, in order to the settlinge of religion and all ecclesiasti-
call affayres as they were in my late father's tyme. In testimonie whereof I have here-
unto put my hand and scale. Dated at Derby house, in phan'ell Rowe in Westminster,
the xiij"" da}' of July, in the xii*'^ yeare of the reigne of our dread Sovereigne Lord
Cliarles, by the grace of God Kings of England, Scotland, Ffrance, and Ireland,
deffend' of the faith, Ano. dom. 1660.
Chables Desbt.
Signed, sealed, and delivered in the presence of
Ralph Bridocke.
Will™ Christian.
Hugh HoUande.
On the 12tli February, 1667, King Charles II., by letters patent,
granted unto Earl Charles the royal mines of gold and silver in the Isle
of Man, to be holden unto the Earl and to the heirs male of his body
lawfully begotten. (The grant reverted in 1735, on the decease of James
the 10th Earl, to the Crown, there being then a failure of heirs male of
the body of Earl Charles. Preamble to Revesting Act, 5 Geo. III., cap. 26,
in Note on § 28.) The Earl was Chamberlain of Chester.
King James II. ascended the English throne on the 6th February,
168J. The following notice of his proclamation here appears in the
Malew Parish Register : — " James the 2^- was proclaimed King of Great
Britain, France, and Ireland, Defender of the Faith, on the 12'h day of
March, 1684, in Castletown at the Cross, by the Right Worp" Ro. Hey-
wood, Esq""'" Govern^ of the Isle, and all the Officers Spi'l and Tempo",
Clergie, and 24 Keyes, Captains and Officers of every p'ish in the Isle,
with great congratulations and repeated acclamations."
Earl Charles died on the 21st December, 1672, in the 22nd year of his
reign dejv/re, or 13th year of his reign de facto as Lord of Man.
NOTES ON THE CHRONICLE. § 23, 24. 9l
§ 23.
WiUiam II, (or William George Richard,) the 9th Earl of Derby and
12th Lord of Man of the House of Stanley, succeeded his father the 11th
Lord on the 21st December, 1672, he being then a minor of about 17
years of age. We find in the records in the Rolls Ofiice, that during
part of the first year of his accession he governed by his mother the
Countess Dorothy Helena as his guardian, and afterwards until and
during part of the year 1676, by James, Duke, Marquess, and Earl of
Ormonde as his guardian. Earl William II. became Chambei'lain of the
City of Chester, and he was Mayor thereof in 1702. {Seacome 152.)
He visited the Island in 1686 (Malew Parish Register,) and again in
1691. He was present at a Tynwald Court at St. John's on the 30th
July, 1691, when several Acts were assented to by him and promulgated.
{Mills' Statutes 147.)
Earl William II. died sometime in the month of November, 1702, as
stated in the Chronicle, in the 30th year of his reign as Lord of Man.
He had issue one son who died in his father's lifetime, and two daughters,
the elder of whom, Henrietta, was married, first to John, Earl of Angle-
sey, by whom she had one daughter, who died in infancy, — and secondly
to John Lord Ashburnham, by whom she had one daughter, Henrietta
Bridget Ashburnham, who survived Earl William II. her grandfather,
but who died when about 14 years of age. The younger daughter of
Earl William II. died in the 18th year of her age unmarried. {Seacomg
152.)
§ 24.
James II., the 10th Eai-l of Derby and 13th Lord of Man of the House
of Stanley, succeeded his brother the 12th Lord in November, 1702,
He was the fourth son of Earl Charles the 11th Lord, whose second and
third sons, Robert and Charles, had previously died unmarried. (Sea-
come, 145.)
He succeeded to the Lordship in preference to the female issue of
Earl William II. by virtue of the Act of Parliament of 8th James I., by
which the succession was limited to the " Heirs Males" of James I., the
10th Lord (See Notes on § 20), and Earl James II. was such Heir Male.
Earl James II., at the time of his accession, was Brigadier in the army
of King WiUiam III., under whom he had commanded courageously a
Regiment of Foot in the Wars in Flanders and Ireland. He was after-
wards appointed Chancellor of the Duchy and County Palatine of
Lancaster, and Lord Lieutenant and Vice- Admiral thereof, and also
93 NOTES ON THE CHRONICLE. — § 24.
Chamberlain of the City and County Palatine of Chester. He was
besides a member of the Privy Council in the reigns of King William 1.,
Queen Anne, and King George I., and Captain of the Yeomen of the -
Guard. {Seacome 152.)
On the accession of Eai'l James II., he by commission dated the 20th
November, 1702, appointed his brother, the Honorable Chai'les Stanley,
Governor ; and on the 1st December following he made the following
order for continuing in theii' places all other officei's. {Liber ItTot. 1702.)
This is the first order of the kind that I have found in the records. It
is to be observed that this order does not declare the several offices to be
void or vacant, and for the reasons alleged in the note on § 25, I
consider that by the Common Law no offices became, by the decease of
the Sovereign, or by a change in the supreme government, ipso facto
vacant.
To all whom these presents shall come or anj'ways coucerne : the R' Honorable James
Earle of Derby, Lord of Man and the Isles, sendeth greeting. Know ye that I the said
Earle of Derby and Lord of Man and the Isles, for divers good causes and consideracona
me thereunto moveing, Have granted, constituted, made and continued, And by these
p'sents doe grant, constitute, make and continue all and every the Counsellors, Deemsters,
Judges, Officers and Ministers, Ecclesiastical, Military and Civill whatsoever, who were
granted, constituted or made by my late brother the R' Honrable William Geoi-ge Richard,
late Earle of Derby, late Lord of Man and the Isles affore^aid, in all and every of their
said oflRces, imployments, and trusts, Ecclesiastical, Millitar}' and Civill in the said Isle of
Man and Isles aforesd, (except the Chiefe Governor, Commander in Chiefe and Deputy
Governor,) which office of Chiefe Governor, and Commander in Chiefe I have granted, and
doe hereby ratify and confiime unto my wellbeloved brother the honorable Charles Stanley^
Esq', To have, hold, exercise, execute and enjoy the s"* offices of Counsellors, Deemsters,
Judges, Officers and Ministers, who were soe granted, constituted or made by the s"* Earle
of Derby unto the s"* Counsellors, Teemsters, Judges, Officers, and Ministers and every of
of them, during my will and pleasure. Given under my hand and seale the first day
of December, Anno D.ni one thousand seven hundred and two.
Derby. (l.s.)
Sealed and delivered in the presence of
R, Thornhill.
C. Lawton.
Tho. Shewell.
Tho. Bowdler.
In 1716 a question was raised whether an appeal lay from the Lord of
the Island to the Crown of England, — the right of appeal being disputed
on the part of Earl James II., there being no reservation of any such
right in the grant of the Island fi*om the Crown. The question was
decided against the Eai-l in the following case, heard before a Committee
of the Privy Council and reported in 1 Peere WiUiarm' Reports 329 : —
NOTES OS THE CHEONICLE. — § 24. * 93
Christian versus Corren.
Before a Committee of Council at the Cockpit, Michaelmas Term, 1716. Appeal from a
Decree in the Isle of Man. The subject cannot be deprived of his right to appeal by
any words in the King's Grant to that purpose, much less if the Grant be silent
in that particular.
The Earl of Derbj', King of the Isle of Man, made a decree in that Island concerning
Linds there; and the person against whom the decree was made, appealed hither.
One (and indeed the principal) question was, whether an appeal did He before the King
in Council, tliere being no reservation in the grant made of the Isle of Man by the Crown,
of the subject's right of appeal to the Crown.
And it was urged for the appeal by myself (who alone was counsel with the appellant),
that it appearing in this case that H. 4 had granted the Isle of Man to the Earl of Derby's
ancestors, to hold by homage and other services, tho' there was no reservation of the sub-
ject's right of appeal to the Crown, yet this liberty was plainly implied.
For that such liberty of appeal lay in all cases where there is a tenure of the Crown ;
that it was the ri;;ht of the subject to appeal to the Sovereign to redress a wrong done to
them in any court of justice; nay, if there had been any express words in the grant to
exclude appeals, they had been void ; because the subject had an inherent right, insepar-
able from them as subjects to apply to the Crown for justice. And on the other hand,
The King, as the fountain of justice, had an inherent right, inseparable from the Crown,
to distribute justice among his subjects ; and if this were a right in the subjects, no grant
could deprive them of it ; the consequence of which would be that in all such cases, viz.,
where there were words exclusive of such right of appeal, the "Kin:? would be construed
to be deceived, and his grant void. Also precedents were cited in point.
Lord Chief Justice Parker, who assisted at Council upon this occasion, thought that
the King in Council had necessarily a jurisdiction in this case, in order to prevent a
failure of justice ; and took notice, that if a copyholder should sue by petition in the
Lord's Court, upon which the Lord should give judgment, tho' no appeal or writ of error
would lie of such judgment, yet the Court of Chancery would correct the proceedings in
case anything were done therein against conscience.
Whereupon their Lordships proceeded in this appeal, and determined in favour of the
appellant ; and it is observable that Lord Derby also, at length, rather than that some
things in the grant made by the Crown to his ancestors should be looked into, chose to
submit and express his consent that the matters in question on the appeal should be
examined by the King in Council.
During the reigu of Eaii James II., tlie Englisli Government com-
plained mucli of the injuries sustained in respect of the Customs
Revenues by reason of the immunities possessed by Manx traders. The
Customs duties payable on the importation of goods into the Island
were VBry trifling as compared with like duties in Great Britain and
Ireland, and the consequence was that there ai'ose a very extensive trade
in the exportation of foreign goods, which were landed in a contraband
manner in the neighbouring kingdoms, — besides, in respect of great
quantities of foreign goods exported from England for the Island, the
94 NOTES ON THE CHRONICLE. — § 24.
exporters received drawback for British daties paid, and then clandes-
tinely re-landed the goods in Great Britain. In 1711 an Act of Tynwald
was passed to correct these frauds, but in the expectation that the
British Parliament would admit duty free the produce of the Island, —
the Parliament, however, not having granted the privileges sought, the
Act of 1711 was, by another Act of Tynwald passed in 1713, suspended.
{Mills' Statutes 195, 208.) In England it was considered that the only
effectual cure for the injuries complained of, was the revesting of the
Island in the Cro^vn, and accordingly the following Sections authorizing
the Treasury to contract for the purchase of the rights of the Lords of
the Island were introduced into an Act of Parliament, 12 George I., cap.
28 (1725), intituled :—
An Act for the Improvement of His Majesty's Revennes of Customs, Excise and
Inland Duties.
Sect. 25.— And for the better enabling his Majesty to prevent the said frauds and
abases, in the exporting or importing of goods and merchandizes to and from the Isle of
Man, be it further enacted by the authority aforesaid. That it shall and may be lawful
to and for the Commissioners of His Majesty's Treasury now or for the time being, or
any three or more of them, or the Lord High Treasurer for the time being, on the behalf
of His Majesty, his heirs and successors, and also to and for the Right Honourable
James, Earl of Derby, his tenants or assigns, the Right Honourable John, Lord Ash-
bnrnham, for and on bshalf of his daughter Henrietta Bridget Ashburnham, an infant,
Bryan Fairfax, Esquire, trustee of the said inf.int, or the survivor of them, and all
or any other person or persons claiming or to claim by, from or under the said Earl or
anj' of his ancestors, to treat, contract, or agree for the absolute purchase or sale, release
or surrender, to or for the use of His Majesty, his heirs and successors, of all or any
estate, right, title, or interest, which he the said Earl, his tenant, the said Henrietta
Bridget Ashburnham, or such other person or persons, now have or claim, or can or may
have or claim in or to the saiJ Island or Lordship of Man, or in or to all or anj- regali-
ties, powers, honours, superiorities, jurisdictions, rights, privileg'!s, duties, customs,
revenues, profits, or other advantages whatsoever in, over, or about the said Island of
Man, or its dependencies, for such sum or suras of monej', or upon such other terms or
conditions as they shall think fitting; and that upon the executing of such contracts or
agreements by or on the behalf of the said Earl, his tenants, the said Henrietta Bridget
Ashburnham, or such other person or persons claiming or to claim under him, or any of
his ancestors as aforesaid, or upon executing such other conveyances, assignments, releases,
or surrenders, as in such contract or contracts shall be agreed on for that purpose, it shall
and may be lawful to and for the said Commissioners of the Treasury now or for the time
being, or any three or more of them, or the Lord High Treasurer for the time being, and
they are hereby empowered, by and out of any monies arisen or to arise to His Majesty,
his heirs, or successors, of or for any customs, subsidies, impositions, or other duties upon
the importation or exportation of any goods or merchandizes whatsoever, already granted
or payable or hereafter to be granted or payable to His Majesty, his heirs or successors, in
Great Britain, Wales, or Berwick-upon-Tweed, to oi-der and direct the payment of such
NOTES ON THE CHRONICLE. — § 24, 25. 95
sum or sums of money, from time to time as shall be so contracted or a*reed on for such
purchase or purchases, to such person or persons as according to the terms of such con-
tracts or agreements, shall be entitled to have and receive the same.
Sect. 26. — And it is herebi' further enacted and declared by the authority aforesaid,
That it shall and may be lawful to and for the said Henrietta Bridget Ashburnham, not-
withstanding her minoriti', by and with the consent of the said John Lord Ashburnham'
her father, and the said Bryan Fairfax, or the survivor of them, to convey and assure all
her estate and interest in the Isle of Man and premises aforesaid, or any part thereof,
pursuant to any contract or agreement, which shall be made by virtue of the powers in
this Act given ; and such conveyance or assurance shall be good and effectual in law, to
all intents and purposes, as if the said Henrietta Bridget Ashburnham was of the full
age of one and twenty years, any law, custom, or usage to the contrary thereof in any-
wise notwithstanding ; and the money to be paid as the consideration of such conveyance
shall be paid to such person as the High Court of Chancery shall direct, and when paid
shall be laid out by the direction of the said Court of Chancery for the benefit of the said
Henrietta Bridget Ashburnham, her executors, administrators, and assigns.
At the time of the passing of this Act, Eaii James II. had no issue
living, his only chUd having previously died an infant, and Henrietta
Bridget Ashburnham was the heiress presumptive to the Lordship of
Man, she being the heir general presumptive of Earl James I. It will
be remembered that by the Act of Parliament, 8 James I., the succession
was limited after the decease of Earl William I. and his Countess Eliza-
beth, (1) to Earl James I. (then Lord Stanley) and the heirs male of his
body, (2) to Robert Stanley, second son of Earl William I., and the
heirs male of his body, (3) to the heirs male of the body of Earl WiUiam
I., and (4) to the heirs general or " right heirs" of Earl James I. The
issue of Robert Stanley was at this time extinct. Earl William I. had
two sons. Earl James I. and said Robert Stanley. Earl James I. had
three sons : Earl Charles, Edward and William, the two latter of whom
died without issue. Earl Charles had four sons: Earl William II.,
Robert, Earl James II., and Charles, the second and fourth of whom
died without issue. Earl James II. had succeeded to the Lordship by
reason of Earl William II. leaving no male issue, and therefore Earl
James II. was the last heir male of both Earls William I. and James I.
Henrietta Bridget Ashburnham, as mentioned in note on § 23, was the
grand-daughter and heiress of Earl Charles. She died unmarried in the
lifetime of Earl James II. {Seacome 70, 143, 145, 152.)
Earl James II. died as stated in the Chronicle on the Ist February,
1736, and in the 34th year of his reign as Lord of Man, leaving no issue
surviving him. He was the last Lord of the House of Stanley.
§ 25.
James the 2nd Duke of AthoU and Ist Lord of Man of the House of
Murray, succeeded his first cousin once removed, (the relationship styled
96 NOTES ON THE CHRONICLE. — § 25.
in the Isle of Man " first and second cousin,") James II., the 10th Earl
of Derby and 13th Lord of Man of the House of Stanley, on the Ist
February, 1736. He was the 3rd son of John, Ist Duke of Atholl, (the
two elder sons had died without issue,) which John was the eldest son of
Amelia Anna Sophia, wife of John, 1st Marquis of Atholl, and third
daughter of James I. the 7th Earl of Dei'by and 10th Lord of the House
of Stanley, (her two elder sisters had left no issue). Duke James was
therefore, as stated in the Chronicle, the great grandson of Earl James
I., being " James Earl of Derby who was beheaded at Bolton." {Burke's
Peerage, 41, 288.) There being a failure of male issue of William I., the
6th Earl of Derby and 9th Lord, and of his son James I., the 7th Earl
of Derby and 10th Lord, and all issue of the sons of James I. being
extinct, Duke James succeeded to the Lordship of Man as heir general
or " right heir" of Earl James I., by virt?.e of the limitation contained
in the Act of Parliament 8 James I. (See notes on § 20 and § 24.)
Duke James, soon after his accession, appointed James Murray, Esq.,
Governor, and on the 9th March, 1735-6, issued the following instructions
for continuing in their i-espective places the Officers CivQ and Military,
&c. {Liber Irrot. 1736.) The idea that by the death of the preceding
Lord " all places civil and military in the said Isle do become void," is
started I believe for the fii'st time in these instructions, and the correct-
ness of the allegation may Avell be doubted. An examination of the
records leads me to the conclusion that by the Common Law of the
Island on all changes in the Sovereignty or supreme government, the
officers continued in their respective places until superseded by the new
Lord or Government, or until the will of the new Lord or Government
was known. The inconvenience of any other course, and the uncertainty
which must otherwise have attended the proceedings of the Courts, and
the acts of the Authorities in the Island, must be very apparent, when it
is considered that duiing the whole period that the records of the Island
extend back, no King or Lord died in the Island, and that all changes
in the Government of the Island took place in England, between which
place and the Island there was no regular communication, many weeks
elapsing frequently without the arrival of any vessel conveying intelli-
gence from England. In the case of Duke James, he became Lord on the
1st February, 1736. but he did not issue his instructions until the 9th
Mai-ch following, and they would not reach the Island immediately. Tet
the Government of the Island went on during the interval as before.
Neither on this or on any previous occasion, was any Act of the Legisla-
ture passed to legalize the administrative and judicial acts of the officers,
during the interval between the demise of one King or Lord and the
recognition of the successor.
NOTES ON THE CHRONICLE. — § 25. 97
" Instructions to James Murray, Esquire, my Governor of my Isle of Mann, Ac.
" Whereas by the death of James, late Earl of Derby, the Lordship of Mann and the
Isles doth of right devolve to me, and thereby also all places civil and military in the said
Isle do become void, Therefore and for the present peace and safety of my said Isle, my
will and pleasure i? that all the officers, civil and military, who were in possession of any
office or offices at the time of the said late Earl of Derby's decease, be continued in the
possession and enjoyment of their said several and respective offices till I can take further
order concerning the same : But with this exception, that in case of the misbehaviour or
neglect of any officer in the discharge of bis office, such officer may be superseded, and
you are hereby directed and empowered to supersede and suspend' such officer, and
transmit to me a true account of the nature and circumstances of his case, that I may
thereupon give such order and directions as shall be necessary.
" You are to take due care that the laws and statutes of the Isle be duly executed, so
as justice may take place, and my tenants there be preserved from violence and
oppression.
"That you inspect the state and condition of the Isle, and report to me what is
wanting, and how it may be remedied or supplyed.
"AlHOll. (l.b.)
" London, 9th March, 1735." [1735-C]
In the same year 1736, Duke James visited the Island, and on the
24th June 1736, he attended a Tynwald Court at St. John's, in " royal
array," according to the ancient custom, at which Court the Bishop of
Sodor and Man, then the only Baron of the Isle, did homage for his
Barony. {Liber Scaccar. 1736.)
During this visit to the Island, namely on the 12th August 1736,
Duke James gave his assent to a very important Act of Tynwald,
which tended to the securing the liberty of the subject, and the better
government of the Isle. {Mills' Statutes 234, &c.) This Act has not
inappropriately been styled the Magna Charta of the Isle of Man. He
visited the Island again in 1739, and at Castle Rushen, on the 18th
August, in that year, he gave his assent to an Act of Tynwald. {Mills'
Statutes 261.)
It was with Duke James that the question was tried in the English
Court of Chancery, before Lord Hardwicke, Chancellor, in 1751, as to
the effect of the clause against alienation contained in the Act^ of
Pai-Hament, 8 James I., Bishop of Man v. Ea7-l of Dei-hy, and Earl of
Derby v. Dulte of Atholl, 1 Vesey 202, 2 Vesey 337, (See case in Notes on
§ 20.) " In the cause on the bill filed by the Bishop of Sodor and Man,
the declared foundation of Lord Hardwicke's decree was, that the clause
of perpetuity in the Act of James the First regulating the succession to
Man, did not merely make void all alienations contrary to the succession
in favor of the issue male of William the sixth Earl of Derby and his two
K
98 NOTES ON THE CHRONICLE. § 25.
80118 James Lord Stanley and Robert Stanley, but equally gave protection
to James Lord Stanley's heirs general. Lord Hardwicke was indeed
of opinion, that the Isle of Man, being held of the Crown in capite,
though by a socage tenure, was unalienable without licence from the
king, the Act of Charles the Second in respect to tenures in capite not
extending to that Island. But then his lordship at the same time ex-
plained, that he did not consider this as sufficient to invalidate the term
of one thousand years in the rectories and tithes. For his idea was, that
to the ci'eation of a mere chattel interest, however long the term, such a
licence of alienation was jiot essential. Therefore Lord Hardwicke's
decree is left without any other possible ground to sustain it, than the
very construction of the Act of James the First upon which I found my-
self, namely, that the clause of perpetuity afforded as much protection
to the heirs-general as to the heirs male described in the Act." (1 Har-.
gravels Jwrisconsult Exercitations 158.)
Although Duke James disputed alienations made by Charles 8th Earl
of Derby and 11th Lord, he was but a short time in possession of his
lordship, before he began to make alienations of the Island for the pur-
pose of effecting a sale to the Crown of England, and with the object of
settling the Island or the proceeds of the sale for the benefit of the Mur-
ray family, to the exclusion of the heirs-general of James 7th Earl of
Derby, — thus defeating the intention of the Act of James the First. The
various conveyances made are recited in the Revesting Act, 5 George III.,
cap. 26. (See note on § 28.) They are briefly these : —
(1.) Indenture or deed of feoffment thereon dated the 14th November
1737, whereby the Duke James granted and confirmed unto John Earl
of Dunmore, the Honorable William Murray afterwards Lord Mansfield,
and John Murray, Esq., their heirs and assigns, the Island and lordship
of Man, &c., on certain trusts therein mentioned, but with a power
reserved to Duke James by deed or will to revoke any of the trusts, &c.,
and declare and appoint others.
(2.) Indenture dated 4th May 1748, made between the same parties,
whereby Duke James revoked the trusts contained in (1) and declared
other trusts, but reserving a like power of revocation and new appoint-
ment.
(3.) Indenture or deed of feoffment, dated 6th April 1756, whereby
Duke James revoked the trusts contained in (2), and he with the Honor-
able William Murray, the surviving trustee under (1), granted and con-
firmed the Island, &c., to Archibald Duke of Argyle, David Yiscount
Stormont, and John Sharpe their heirs and assigns, to be holden of the
King his heirs and successors, by the rents, tenures, suits, and services
NOTES OX THE CHRONICLE. § 25. 99
by which the same were previously held, upon trust (amongst other
things) after the decease of Duke James, with the consent and approbation
of the person and persons who after the death of Duke James should
by virtue of the trusts be entitled to the actual receipt of the rents, &c.
of the Isle, sell and surrender the Isle, &c.,to the King's Majesty, his heirs
and successors for such price in ready money as they could reasonably
get, &c., the proceeds of the sale to be laid out in the purchase of lands
in Scotland, such lands to be unalienably entailed on the heirs male of
Duke James, remainder to his heirs female (the eldest heir female always
succeeding), remainder to John MuiTay, Esq., nephew of Duke James
(afterwai'ds 3rd Duke of Atholl) and husband of Lady Charlotte the only
daughter of Duke James, and his heirs male, with like remainder to James
and George Murray, Esqrs., brothers of said John Murray, and their
respective heirs male, with divers other remainders over in tail male,
remainder to the heirs and assigns of Duke James, who reserved a like
power of revocation and new appointment as in the former deeds.
(4.) Indenture or deed of feoffment dated 21st November 1761, whereby
Duke James revoked the trusts contained in (3) as to several rectories,
impropriations, and tithes within the Isle, in order to facilitate the sale
thereof, which rectories, impropriations, and tithes Duke James and
David Yiscount Stormont, the sui-viving trustee under (3) granted to
John Muri'ay, afterwards 3rd Duke of Atholl, upon certain tnists, and
as to the Isle, lordship, and ten*itory of Man (other than the rectories, &c.)
Duke James and Viscount Stormont granted them to John Wood, Esq.,
Governor of the Island, his heirs and assigns, to the intent that he should
re-enfeoff the same to Viscount Stormont, Sir Charles Frederick, and
Edmund Hoskins, Esq., (the two latter being new trustees) for the pur-
poses mentioned in (3.) By this deed Duke James also reserved a power
of revocation.
(5.) Deed poll dated 8th July 1762, by which John Wood, Esq., re-en -
feoffed the Isle, &c., to Viscount Stormont, Sir Charles Frederick, and
Edmund Hoskins, and their heirs, on the trusts contained in (3). Duke
James died without making any revocation or alteration of (4).
Probably Duke James may have been advised that the restraint on
alienation contained in the Act of King James I., did not affect the heirs-
general of James 7th Earl of Derby, but such a position was controverted
in after years by his grandson John 4th Duke of Atholl, when seeking to
obtain further compensation for the loss of his rights in the Island.
The following opinion of Mr. Hargi-aves is to the point : — " Upon the
case thus made out in the recitals of the Act of the fifth year of the pre-
sent reign, it appears that there was thought to be fact enough to war-
100 NOTES ON THE CHRONICLE. — § 25.
rant the contract made by the Ti-easury for the sale of the Isle of Man,
■with the present duke's father and mother and the trustees appointed by
Duke James. Under also that impression, the legislature was both
induced to execute the contract, and to direct the application of the £70,000
purchase money ; as if Duke James, the present duke's grandfather, had
been competent to dispose of the Isle of Man at his pleasure ; as if he
had been at liberty to sell the Island and to vest it in trustees for that
purpose ; as if he had possessed a clear right to overturn the order of
succession under which himself derived ; as if there had been no parlia-
mentary guard to protect that succession against his acts, no restraint
to disable his alienation ; as if it had been competent to him to establish
such new entail and order of succession as he thought best calculated to
favour certain collateral branches of his paternal family, at the expense
of an exclusion of the heirs-general of his ancestor the seventh Earl of
Derby ; and finally, as if at all events the Act of George the First author-
izing the Treasury to purchase the Isle of Man for the Crown would
effectually sanction the contract of sale thus entered into. But, as I see
the case, instead of reality, there was nothing but groundless supposition
in all this ; and it was from beginning to end a series of errors, into
which the legislature seems to have been betrayed by the precipitate
manner of transacting the sale. I mean to say, that in my opinion,
James Duke of Atholl, the present duke's grandfather, could neither
alienate the Isle of Man nor newly model the succession of it, — that all
the feoffments and conveyances of the Island in his time were nullities
and waste-paper ; that the trast he created for sale of the Island was
void ; and consequently that the agreement made by the Treasury for
pui'chase of the Island was made with persons who were not authorized
to sell ; and moreover that the entail directed by the Act of the present
king to be made of the lands to be purchased with the £70,000 purchase
money, was an infringement of the rights of the heirs-general of James
the seventh Earl of Derby." After referring to the title of the House of
Stanley to the Island, and the Act of James the First establishing the
succession, and the clause in restraint of alienation contained in it, he
proceeds : — " It is this clause of perpetuity, which as I conceive, frus-
trates and makes void all the settlements and conveyances of the present
Duke of AthoU's gi-andfather, and consequently subverts the authority to
make the agreement for sale of the Isle of Man, to execute which the Act
of the present king was passed. The beginning of the clause is expressed
as if it only aimed to protect the entail on the heirs male of the bodies
of William Earl of Derby and of his two sons James Lord Stanley and
Robert Stanley ; for it simply negatives the power of alienation in those
NOTES ON THE CHRONICLE. § 25. 101
two sons and in the heirs male of the bodies of them and of Earl William
himself. Had also the prohibition to alienate stopped here, it would
have left James Lord Stanley and his heirs-general at liberty to dispose
of the remainder in fee in the Island limited to him at his and their
pleasure, with no other check than that ai'ising fi'om the necessity of a
licence from the Crown in respect of the property's being held of the
Crown immediately and in capite. But the clause proceeds, and its lan-
guage becomes more large and expanded. The subsequent words not
only include the other persons by this Act mentioned and appointed to
enjoy the Island, but, what is more important, prescribe that the pro-
perty shall remain, on default of the issue mentioned, ' to the rigid Jieirs
of the said James Lord Stanley, as before by this Act is appointed' ; adding
immediately after, ' that all gifts, grants, alienations, bargains, sales, con-
veyances, assurances, and acts, done or to be done or made to the contrary
shall be utterly void, fi-ustrate, and of none effect.' These latter passages
in the clause of perpetuity are what bring the heirs-general of James Lord
Stanley within the compass both of its protection and restraint ; that is,
first, those heirs-general are protected by the clause against all aliena-
tions by him, or his brother Robert, or by any issue of them or their
father ; and then in restraint of the heirs-general themselves, as well as
of Earl WUliam's two sons and his and their issue male, the clause nul-
lifies all alienations and acts, of every kind whatever, contrary to any
part of the succession prescribed by the Act. Here then it is not the
alienation of any particular persons which is made void ; but it is ge'ne-
rally and universally every alienation, without regarding by whom made.
In other words, the clause of perpetuity, by thus enlarging itself, at last
expressly guards the whole of the succession established ; that is, not
merely the succession to the estates tail created, but both that succession
and the succession to the remainder in fee simple limited to James Lord
Stanley ; not merely the heirs in tail, but them and the heirs-general
equally ; and not only the heirs-general against the issue male, but the
heirs-general against each other, and as amongst themselves." (1 Sar-
grave's Jurisconsult Exercitation^ 148.)
The succession as to the property to be purchased with the consider-
ation money of the sale of the Island, set up by Duke James was confirmed
by the Revesting Act, 6 George III. cap. 26, but until such confirma-
tion the deeds of Duke James did not in anywise affect the sovereignty
and government of the Island, they being of no force whether by reason
of the restraint against alienation contained in the Act of King James
I., or if there had been no such restraint, by reason of the want of a
licence from the Crown of England to confirm the alienations.
102 NOTES ON THE CHRONICLE. § 25, 26.
The ax3cession of George III. to the throne of England took place on
the 25th October 1760, and on the 12th November following he was pro-
claimed at Castletown as " supreme Lord of this Isle," " to whom the
supreme dominion and sovereign right of this Isle" had rightfully come.
This is the first occasion on which notice is taken in the insular records
of the accession of any English Sovereign (so far as I can discover,) in %
fact no official record appears to have been made of the proclamation of
the accession of any of the Lords of the Island. The following is the
proclamation made on this occasion (Liber Scaccar. 1761) ; it is signed by
Basil Cochrane, Esq., Governor, and by the officers and other inhabi-
tants : —
" Whereas it has pleased Almighty God to call to his mercy our late Sovereign Lord
King George the Second of hlessed memory, by whose decease the Imperial Crown of Great
Britain, France, and Ireland, and also the supreme dominion and sovereign right of this Isle
and all other his late Majesty's dominions, are solely and rightfully come to the high and
mighty Prince George, Prince of Wales, We therefore the Governor and officers civil and
military, and other inhabitants of the said Isle, Do now hereby with one full voice and
consent of tongue and heart publish and proclaim, that the high and mighty Prince George,
Prince of Wales, is now by the death of our late Sovereign of happy memory become our
only lawful and rightful Liege Lord George the Third, by the Grace of God King of Great
Britain, France and Ireland, Defender of the Faith, Supreme Lord of this Isle, and all
other his late Majesty's territories and dominions. To whom we do acknowledge all faith
and constant obedience, with all hearty and humble affection, beseeching God by whom
kings and queens do reign, to bless the Roj'al King George the Third vrith long and happy
years to reign over us. Given at Castle Rushen this twelfth day of November 1760.
"God save the King!
" Basil Cocheah b," &c., &c.
Duke James died as stated in the Chronicle on the 8th January 1764,
in the 28th year of his reign as Lord of Man.
§ 26.
Lady Charlotte, Baroness Strange, the 2nd of the House of Murray
who had sovereign rule of Man, succeeded her father the 1st Lord on the
8th January 1764. She was his only surviving child, a son and another
daughter having died without issue in their father's lifetime. {Burke's
Peerage 42.) At the time of her accession she was the wife of her first
cousin, John Murray, Esq., who became 3rd Duke of AthoU as nephew
and heir male of the 2nd Duke, — his wife, the Lady Chai-iotte, being en-
titled to the Barony of Strange and Lordship of Man as heir-general of
James I. the 7th Earl of Derby.
On her accession Lady Charlotte with her husband issued the follow-
ing order as to the officers in the Island. (Liber Irrot. 1764.) As to the
NOTES Oli THE CHRONICLE. — § 26, 27. * 103
declaration contained in it with respect to ofS^ces being void, see notes
on § 25 :—
" I, Charlotte, Ladj' of Mann and the Isles, Baroness Strange, with consent of the
Honourable John Murray, of Strewan, my husband.
" Whereas it hath pleased Almighty God to call to his mercy the most noble James,
Duke of AthoU, Lord of Mann and the Isles, Lord Strange, &c. our late father, by whose
decease the Lordship and Dominion of Mann and the Isles, &c., &c., are rightfully
devolved and descended to me the said Charlotte, Baroness Strange, and also all places
and commissions, civil and military, in the said Isle, do become void. Wherefore, and
for the present peace and safety and good government of the' said Isle, We, of joynt
consent, declare that our will and pleasure is that John Wood, Esquire, Governor, and
all the other Officers, Judges, and Magistrates, civil and military, of the said Isle, who
were in possession of any office, post, commission, or pnblick employment, at the time of
the demise of the said James, Duke of Atholl, our father, be and continue in the execu-
tion, exercise, and possession of their employments therein severally and respectively,
giving and hereby granting to them and each and ever}* of them full and lawful commis-
sion, power, and authority to perform, execute, and discharge their several respective
trusts, offices of dutys, employments, and charge according to the Laws and Constitution
of the said Isle, and the Oaths to be respectively administered unto them by and before
the said Governor or other proper officer. And they and every of them to continue to
have and recti ve their usual and accustomed salaries, fees, and perquisites. And this
general commission to continue until our further will and directions be siguifyed in that
behalf. Given under our hands and seals this 12th day of January 1764.
"Chahlotte Steanqe. (l.s.)
"John Mubeay. (l.s.)"
The Revesting Act of 1765 recites that on the decease of Duke James,
Duke John and the Lady Charlotte, Duchess of Atholl and Baroness
Strange, his wife, became entitled to the Island, &c. " under and by
virtue of the said recited indentures of feoffment [see notes on § 25],
and according to the estate and interest thereby limited to them
respectively therein." This statement is correct so far as it might have
meant that the Duchess, and in her right the Duke, were the persons
who were entitled under the feoffments supposing them to be valid, but
it is not correct if it meant that the feoffments constituted their title to
the dominion of Man. The title of the Duchess was (as before stated)
in respect of her being heir-general of the 7th Earl of Derby. And this
was recognized by two subsequent Acts of Parliament, viz. 45 Geo. III.
cap. 123, by which in consideration of the insufficiency of the considera-
tion money paid for the Island in 1765, an annuity is secured to John,
4th Duke of Atholl, and to " the heirs-general of the 7th Earl of
Derby ;" and 6 Geo. IV. cap. 34, which enables the Treasury to treat for
the purchase of their remaining rights in the Island with John, 4th
Duke of Atholl, and the heir-general for the time being of James, 7th
Earl of Derby." (See these Acts in Appendix No. 1. to the Notes.) No
104) ♦ NOTES ON THE CHRONICLE. — § 27.
notice is taken in either of these Acts of the feoffments made by Duke
James.
§ 27.
Immediately after the accession of the Duchess Charlotte, negotiations
were opened by the Treasuiy for the purchase of her sovereign rights in
the Island. By letter of the 25th July 1764, addressed to the Duke of
Atholl, the Lords of the Treasuiy offered to treat with him pursuant to
the Act of Parliament 12 Geo. I. cap. 28 (see notes on § 24), and to
receive from him a proposal for that purpose, specifying what part of
his property and rights he was disposed to sell, and the value put upon
them, " that" (in the words of the letter) " we may know whether the
terms are in all respects such as we who are Tmstees for the public can
admit. But if your Grace is not inclined to enter into a treaty with us
upon the subject we beg to be informed of it, that ive may then pursue
such other methods as we shall think our duty to the public requires of
us." (Duke of AtholVs Case in Souse of Commons' 'paper No. 79, Sess.
1805, p. 13.J
Before an answer was returned by the Duke, namely on the 17th
August 1764, an Order in Council was issued for stationing cutters and
cruisers in the harbours and on the coasts of the Island. {Ibid. p. 14.)
This order has the appearance of having been made for the coercion of
the Duke. The enforcement of it would certainly have been an illegal
aggi-ession on the sovereign rights of the Duchess Charlotte. The recog-
nized insular jurisdiction which had hitherto been respected by the
English Government extended to a distance of thi'ee leagues from the
coast.
On the 20th August 1764, the Duke replied to the Treasury letter,
shewing the impossibility for him who had been but a few months in
possession of the Island to fix on an adequate price for a possession so
very considerable both for honour and profit, but stating his readiness
to receive a proposal from their Lordships. (Ibid. p. 14.)
By letter of the 12th September 1764, the Treasury asked for full
information as to the value of every branch of revenue in the Island,
but before the letter could be conveniently answered, the Duke was
informed that the Government did not incline to go fai-ther into a treaty,
but meant to obtain their object by an adequate Act of Parliament-
(Ibid. p. 15. J
Accordingly on the 21st January 1765, the Right Hon. George
Grenville, First Lord of the Treasury and Chancellor of the Exchequer,
introduced into the House of Commons a BUI intituled. " An Act for
NOTES ON THE CHRONICLE. — § 27. 105
more effectually preventing the mischiefs arising to the revenue and
commerce of Great Britain and Ireland from the illicit and clandestine
trade to and from the Isle of Man." (5 Geo. III. c. 39.) This Act which
was commonly designated the Mischief Act, gave authority for coercive
measui-es for restraining the trade of the Isle against the consent of the
Lord and Legislature of the Island. By it the King's officers of customs
and excise were authorized to search ships in the Island, and to make
seizures there by land or water. It also authorized the prosecution of
seizures and offenders in Great Britain or Ireland, or in any Courts in
the Island held in the name or by the authority of the King, and as
necessary to any such prosecution the service on offenders in the Island
of process from the British or Irish Courts. Had the revestment of the
Island in the Crown not taken place, this Act caiTied out by the force
which the Government of England was able to apply against an almost
powerless State, would virtually have destroyed the independence of the
Insular kingdom, and deprived the Lords thereof, without rendering any
equivalent or compensation, for the revenues to which they were entitled
by the laws of the Island. The Act designates the trade to and from the
Island as illicit and clandestine, but this designation is not strictly
correct. The trade to the Island was by law almost free, and restricted
only by such duties as were imposed by the Insular Legislature, and
such trade was previously recognized by the English Government. So
far as the trade from the Island was concerned, it was not illicit and
clandestine by the Insular laws which authorized the exportation of
goods on payment of the Insular duties. The trade was illicit and
clandestine in Great Britain and Ireland so far as it was attempted to
land the goods there without payment of the British or Irish duties, or
ju defiance of British or Irish laws. The trade with Russia or any other
foreign country might as well have been designated illicit and clandes-
tine, whei'e goods lawfully exported from such foreign country, were
smuggled or attempted to be smuggled into England.
[It may be here observed that as the Mischief Act did not come into
operation until after the Revestment, and as then officers of customs
appointed by the Crown were substituted for those who had previously
been appointed by the Lords of the Island, the effect of the Act was
much moderated. But it is worthy of note that it was the first Act of
the English Parliament which really affected the rights and liberties of
the people of the Island, or interfered with the independence of its
Legislature. Portions of the Act were repealed at various times, and it
L
106 NOTES 01^ THE CHRONICLE. § 27.
was altogether repealed on tlie Sth July 1825, by Act of Pai-liament,
6 Geo. IV. c. 105.]
The Duke of Atholl presented to the House of Commons on the 13th
February 1765, a petition against the Mischief Bill, and he was heard
by counsel thereon. Afterwards, on the 19th February, he received an
intimation from the Treasury that possibly a treaty for the purchase of
his rights might be entered into ; but the Treasui-y did not on that
account forbear to proceed with the Mischief Bill, which was evidently
made use of to compel the Duke's compliance with the wishes of the
Government. {House of Commons' paper, No. 79, Sess. 1805.)
By letter of the 27th February 1765, (as set forth in the Revesting
Act,) the Duke and Duchess proposed to surrender the Isle and all
rights, jurisdictions, and interests therein, (but reserving their landed
property, manorial rights, and the patronage of the bishopric and of
ecclesiastical benefices,) for the sum of £70,000. The proposal was
accepted by the Treasury and a contract was executed on the 7th March
1765. {Preamble of Revesting Act.) A Bill for carrying the contract
into execution, (the Revesting Bill,) was ordered by the House of Com-
mons to be brought in on the 20th April 1765.
The haste with which these Bills were proceeded with will appear by
the dates of the various stages in their progress. The Mischief Bill was
introduced into the House of Commons on the 21st January 1765 ; in
Committee, — the report of the Committee with amendments of Bill
agreed to, and ordered to be received on this day se'nnight, 28th Feb-
ruai-y ; — report of Committee ordered to be received this day se'nnight,
7th March ; — report ordered to be received on Monday next, 14th Mai-ch ;
— report received, bill re-committed, and report ordered to be received
next day, 18th March; — report received, and bill ordered to be engi'ossed,
19th March; — passed and ordered to the Lords, Ist May 1765. {Com-
onons' Journals.) In the Lords, it kept pace with the Revesting Bill, and
received the Royal Assent on the 15th May 1765. {Lords' Journals.)
The Revesting Bill was, in the House of Commons, read the first time
23rd April 1765 ; — read the second time 24th April ; — it was in Com-
mittee on 25th April ; — reported by the Committee 26th April ; — and
j)assed 30th April. {Commons' Journals.) In the House of Lords it was
brought up and read the first time 1st May 1765;— read the second time
2nd May ; — in Committee and reported to the House 6th May ; — read
the third time and passed 7th May. On the 10th May 1765 it received
the Royal Assent by commission. {Lords' Jowmals.)
NOTES ON THE CHRONICLE. § 27, 28. 107
The only consideration foi* tlie purchase stated in the Act is the sum
of £70,000, but on the 22nd August 1765, by "a Grant under the
great seal of Ireland, after taking notice of the said Act of Revestment,
and that His Majesty having taken into His Royal (fonsideration the
particular situation of the Duke and Duchess of Atholl, from the
prospect that the revenues of the Isle of Man would have continued to
them, and on that account that His Majesty was graciously disposed to
give them a mark of His Royal munificence and bounty, and His
Majesty being sensible that the revenues of Ireland as well as those of
Great Britain would receive great benefit and improvement by the said
surrender. His Majesty was graciously pleased to grant to the said
Duke and Duchess, for their lives and the life of the survivoi*, an
annuity or yearly allowance of £2,000, to be issuing out of His Majesty's
revenues at large in the said kingdom of Ireland." {Duke of AtJioll's case
in Souse of Cotmnons' pcvper No. 79, Sess. 1805, p. 19.)
§ 28.
The following is the Revesting Act 5 George III. cap. 26, passed 10th
May 1765. By this Act the Island was to vest unalienably in the Crown
on payment of the sum of £70,000 into the Bank of England. For the
reserved rights the Lord was to make the foi'mer acknowledgment of
rendering two falcons on the days of the Coronation of the Kings of
England, and to pay the yearly rent of £101 15s. lid. reserved in the
grant of the possession of the Monastery of Rushen, &c. : —
An Act for carrying into Execution a Contract made, pursuant to the Act of Parliament
of the Twelfth of His late Majesty King George the First, between the Commissioners
of His Majesty's Treasury and the Duke and Duchess of Atholl, the Proprietors of
the Isle of Man, and their Trustees, for the purchase of the said Island and its De-
pendencies, under certain Exceptions therein particularly mentioned.
Whereas His late Majesty King Henry the Fourth, by his letters patent under the
Great Seal of England, bearing date at Westminster the sixth day of April in the seventh
Preamble. y®*'" °^ ^^^ reign> <l'<i grant to Sir John de Stanley, Knight, the Island,
Letters Patent Castle, Pele, and Lordship of Man, and all the islands and lordshipi to
6th April, 7 the said Island of Man appertaining, which did not exceed the value of
H. IV. four hundred pounds by the year, to have and to hold to the said John
and his heirs and assigns, all the islands, castle, pele, and lordship aforesaid, together
with the royalties, regalities, franchises, liberties, sea ports, and all things to port reason-
ably and duly belonging, homages, fealties, wards, marriages, reliefs, escheats, forfeituresi
waifs, estrays, courts baron, views of frankpledge, leets, hundreds, wapentakes, wreck of
the sea, mines of lead and iron, faire, markets, free customs, meadows, pastures, woods,
parks, chaces, lawns, warrens, assarts, purprestures, chiminages, piscaries, mills, moors,
marshes, turbarys, waters, pools, fish ponds, ways, passages, and commons, and other
108 NOTES ON THE CHRONICLE. — § 28.
commodities, emoluments, and appurtenances wliatsoeTer to the said islands, castle, pele,
and Icrdship in anywise appertaining or belonging, together with the patronage of the
bislioprick of the said Island of Man, and also knight's fees, advowBons, and patronages
of abbeys, priories, hospitals, churches, vicarages, chapels, channtries. and other ecclesi-
astical benifices whatsoever to the said islands, ca«tle, pele, and lordship likewise belonging,
of the said king and his heirs forever, b)' liege homage, and the service of rendering to the
said king two falcons once only, that is to say, immediately after the said homage done,
and of rendering to his heirs, kings of England, two falcons on the days of their corona-
tions, instead of all other services, customs, and demands, as freely, fully, and entirely as
Sir William Le Scrope, deceased, in the said letters patent named, or any other Lord of
the said Island was ever in former times in the best and freest manner accustomed to have
and hold those islands, castle, pele. and lordship, with the appurtenances, together with
all other the premises therein and herein before mentioned, the said liege homage and rent
of falcons only excepted.
And whereas the monastery and priory of Rushing and Douglas and the Fryers Minors,
Dissolution of commonly called the Grej' Friars of Brymaken. otherwise Bymaken,
Moaastaries. with their appurtenances, in the said Island of Man, were, on or about
the general dissolution of the lesser religious houses, by force and virtue of an Act for that
jmrpose made in the twenty -seventh 3-ear of the reign of His late Majesty King Henry
the Eighth, dissolved, and vested in his said Majesty, his heirs and successors.
And whereas by an Act of Parliament made in the thirty- third year of the reign of His
said late Majesty King Henry the Eighth for dissevering the Bishoprick of Chester and
j^ i 33 of the Isle of Man from the jurisdiction of Canterbury to the jurisdiction
H. VIII as of York, it was enacted that the bishoprick and diocese of Man, in the
to Bishopric. Isle of Man, should be annexed, adjoined, and united to the Province
and Metropolitical Jurisdiction of York in all points and to all purposes and effects as
the bishoprick of Chester was annexed, adjoined and united to the same.
And whereas on the death of Ferdinando Earl of Derbj-, cousin and heir male of the
body of the said Sir John de Stanley, which happened in or about the thirty-sixth year
Disnute on ^^ ^''® reign of her late Majesty Queen Elizabeth a controversy arose
death of Ferdi- concerning the inheritance of the said islands, castle, pele, and lordship
nando Earl of with the appurtenances, between the daughters and coheirs of the said
Derby. Ferdinando Earl of Derby on the one part and William Earl of Derby,
Ills surviving brother, on the other part ; which controversy was by her said Majesty's
command referred to the Lord Keeper of the Great Seal and others of her Majesty's Privy
Council, together with the Chief Justices of the Courts of Queen's Bench and Common
Pleas and the Chief Baron of the Court of Exchequer ; and till the said controversy, and
certain other doubts which arose on the said lett3rs patent should be determined, the said
island, castle, pele, and lordship of Man, with the appurtenances and all other the prem-
ises in the said letters patent mentioned, were taken into the hands of her said Majesty,
in right of the Crown of England.
And whereas his late Majesty King James the First, by his letters patent under the
Great Seal of England, bearing date at Westminstor the seventeenth day of March in the
Letters Patent third year of bis reign, did, in consideration of a fine of one hundred and
17 March 3 on^ pounds, fifteen shillings.'and eleven pence, paid into the receipt of
Eliz. his said Majesty's exchequer by Sir Thomas Leighe, Knight, and Thomas
NOTES ON THE CHRONICLE. § 28. 109
Spencer, Esquire, and for other considerations, demise, lease, and to farm-let, to the said
Sir Thomas Leighe, knight, and Tliomas Spencer, all those houses, sites, circuits, and pre-
cincts formerly the monastery and priory of Rushing and Douglas, and the Fryers Mi-
nors, commonly called the Grey Fryers of Brymaken, otherwise Bymaken, with all their
appurtenances in his Island of Man, and all those his rectories and churches of Kirk-
christ in Shelding and Kirklovan, with their appurtenances in his said Island of Man,
formerly belonging to the monastry of Rushing aforesaid, and being parcel of the posses-
sions thereof, thentofore usually let at the annual rent of one hundred and one pounds ,
fifteen shillings, and eleven pence ; except, and always reserved to His Majesty, his heirs,
and successors, all and all manner of woods, undervvoods, wardships, marriages, mines,
and quarries belonging to the premises ; to be had and holden to the said Sir Thomas
Leighe and Thomas Spencer, their executors and assigns, for the term of forty years from
the making of the said letters patent, under the said annual rent of one hundred and one
pounds, fifteen shillings, and eleven pence, and the several other paj'ments issuing out of
the premises, therein particularly mentioned, amounting in the whole to the sum of twenty
one pounds seventeen shillings.
And whereas his said late Majesty King James the First, by certain other letters patent
under the Great Seal of England, bearing date at Westminster the fourteenth day of
Letters Patent, August, in the fifth year of Lis reign, at the petition of William Earl
14 Aug. 5 Jas. I. of Derby, cousin and heir male of the body of the said Sir John de Stan-
ley deceased, Henry Earl of Huntingdon and Elizabeth his wife, Graye Bridges, Lord
Chandoys and Anne his wife, and Sir John Egerton, Knight, son and heir male apparent
of Thomas Lord Ellesmere, then Chancellor of England, and Frances his wife, (which Anne,
Frances, and Elizabeth, were the cousins and heirs of the said Sir John de Stanley,) did
grant to Henry Earl of Northampton and Robert Earl of Salisbury the said island, castle,
pele, and lordship of Man, and all the islands and lordships to the same ajipertaining, and
all and singular the royal regalities, franchises, liberties, and all other the rights, profits
and commodities thereunto belonging, in the same letters patent particularlj' mentioned
and contained, (except all those houses, scites, circuits, and precincts formerly the monas-
try and priory of Kushinge and Douglas, and the Fryers Minors, commonly called the Grey
Fryers of Brimaken, otherwise Bymaken, and the rectories and churches of Kirkchriste
in Sheldinge and Kirklovan, formerly to the said monastry of Rushinge belonging and
appertaining, and parcel of the possessions of the same, with their rights, members, and
appurtenances, therein more particularly described,) to be had and holden to the said
Henry Earl of Northampton and Robert Earl of Salisbury, their heirs and assigns, of the
s»id king his heirs and successors for ever, bj' the liege homage and by the service of ren-
dering two falcons in manner and form aforesaid ; which said island, castle, pele, and
lordship of Man aforesaid, and all the islands and lordships thereunto belonging, and
other the premises before mentioned (except as before excepted) were granted or mentioned
to be granted by the late King Henry the Fourth to the said Sir John de Stanley by
letters patent, bearing date at Westminster the sixth day of April in the seventh year of
his reign ; and the said King did also grant to the said Henry Earl of Northampton and
Robert Earl of Salisbury all and all manner of issues, revenues and profits of the said
island, castle, pele and lordship of Man, and all and singular the premises (except as
before excepted) which had not been paid to the late Queen or to his then present Majesty
without any account to be rendered to His Majesty for the same.
110 NOTES ON THE CHRONICLE. — § 28.
And wliereas by indenture enrolled of record, and made or mentioned to be made the
eighteenth day of June, in the said seventh year of the reign of hi's said late Majesty King
Indenture James the First, between the said king of the one part and the said Robert
18 June, 7 Earl of isalisbary, Lord Treasurer of England, Henry Earl of North-
Jas. I. ampton, Keeper of the King's Privy Seal. William Earl of Derby, Henry
Earl of Huntingdon and Elizabeth his wife, Graye Bridges, Lord Chandoys, and Anne
his wife, and John Egerton, Knight and Frances his wife, of the other part, but not
executed or acknowledged of record by the said William Earl of Derby, the said Robert
Earl of Salisbury, Henry Earl of Northampton, William Earl of Derb) , Henry Earl of
Huntingdon and Elizabeth his wife, Graye Bridges, Lord Chandoys and Anne his wife,
John Egerton, knight, and Frances his wife, did give, grant, bargain, sell, surrender and
confirm, or were mentioned to give, grant, bargain, sell, surrender and confirm to the said
king, his heirs and successors for ever, the said island, castle, pele, and lordship of Man,
and all the islands and lordships to the same appertaining, and all and singular the royal
regalities, franchises, liberties, and all other the rights, profits and commodities thereunto
belonging, in the same letters patent, and also in the letters patent herein last before
recited particularly mentioned and contained, and all their right, title, state, use, posses-
sion, intere«t, claim and demand whatsoever in the said island, castle, pele, lordship and
premises, or in any part thereof, to be had and holden to and for the use of the said king,
his heirs and successors forever.
And whereas his said late Majesty King James the First, by certain other letters patent
under the Great Seal of England, bearing date at Westminster the twenty-eighth day of
Letters Patent Jnne in the seventh year of his reign, did demise, grant, and to farm-lett
28 June, to the said Robert Earl of Salisbury and Thomas Earl of Suffolk, the said
7 Jas. I. island, castle, pele and lordship of Man, with all their rights, members
and appurtenances, and all his islands, lordships, castles, monasteries, abbeys, priories,
farms, messuages, lands, tenements and hereditaments whatsoever to the said island of
Man appertaining or belonging, or situate, lying, or being in or within the same, with all
and singular their rights, members and appurtenances, and all and singular the royal
regalities, franchises, liberties, sea-ports, and all things to port reasonably and duly ap-
pertaining, lands thentofore overflowed by and then gained from the sea and reduced to
dry soil, lands then overflowed by the sea and which thereafter should be gained and
reduced to dry soil, homages, fealties, knight's fee«, wards, marriages, reliefs, escheats,
forfeitures, waifs, goods and chattels of felons, fugitives, persons outlawed, attainted, con-
demned and put in exigent; estrays, deodanu%, villeins and naifs, with their issue ; estovers
and commons of estovers; courts leet, views of frankpledge, courts baron, courts of admi-
ralty, courts of portmote, leets, hundreds, wapenstakes, and the perquisites and profits
of courts, views of frankpledge, courts baron, courts of admiralty, courts of portmote and
leets, and all that to courts leet, views of frankpledge, courts baron and courts of port-
mote belonged or thereafter could or ought to belong ; wrecks of the sta, mines of lead
and iron, quarries, fairs, fair days, markets, tolls and issues of fairs, free customs, rights,
jurisdictions, franchises, privileges, manors, vills, towns, castles, granges, messuages,
houses, edifices, mills, barns, stables, dove-houses, orchards, fruiteries. gardens, tofts,
cottages, cattilages, lands, tenement?, meadows, feedings, pastures, demesne lands, glebe
lands, leasows, wastes, heaths, moors, marshes, ways, void grounds, paths, easementi,
woods, underwoods, wood laads and trees, and the soil and ground of the said woods,
^'OTES ON THE CHRONICLE. § 28. Ill
underwoods and trees ; tithes of corn, grain, and bay, wool, flax, bemp, lambs, and a
other tithes whatsoever, as well great as small, rectories, advowsons, donations and rightsi
of patronage of all and singular hospitals, churches, vicarages, chapels, and all other eccle-
siastical benefices whatsoever, oblations, obventions, fruits, profits, waters, water- courses,
streams, aqueducts, suits, sokes, multures, and also all and singular forests, parks, chases,
lawns, warrens, assarts, purprestures, chiminages, piscaries, fishings, rents, pensions, por-
tions, frankfolds, turbaries, pools, fish-ponds, ways, passages, commons, rents, reversions
and services, rents charge, rents seek, rents of assize, and rents and services of tenants, as
well free as customary, works of tenants, annual farm rents, fee farms, annuities, heriots,
fines, amerciaments, tolls, duties, anchorages, grouudages, profits, commodities, advantages,
emoluments, hereditaments, and appurtenances whatsoever, as well spiritual as temporal,
situate, lying, or being, coming, growing, renewing, or arising within the said island,
castle, pele, and lordship of Man, or within the sea to the same island contiguous and
adjoining, or within any other islands, lordships, peles, castles, farms or lands to the said
island of Man appertaining, or to the same or any of them appurtenant, incident, appen-
dant, or belonging, or at any time heretofore had, known, taken, occupied, used, demised,
let. or reputed to be members, parts, or parcels of the same, and the patronage of the
bishoprick of the said Island of Man, and the patronage of the bishoprick of Sodor, and
the patronage of the bishoprick of Sodor and Man, and the temporalties of the said bish-
opricks whensoever they should happen to be vacant, and the reversion and reversions,
remainder ard remainders, of all and singular the said islands, castles, peles, lordships,
patronages of bishops, rectories, forests, chases, parks, farms, granges, messuages, lands,
tenements, and hereditaments whatsoever, and of the rest of the premises therein before
demised, and every parcel thereof, dependant and expectant on any gift, demise, or grant,
for term of life or lives, or years, or in fee tail or otherwise, of the premises, or any part
thereof, however made, or being of record, or not of record,' and the rents and profits
thereupon reserved, or in any manner incident to the same, or any jrart thereof (except
the said houses, scites, circuits, and precincts, formerly the monastery and priory of
Rushing and Douglas, and the fryers minors of Brimaken, otherwise Bymaken, and the
rectories and churches of Kirkecrist in Sheldon and Kirkelovan, with their and every of
their rights, member.-;, and app irtenances, therein particularly described,) to be had and
holden to the said Robert Earl of Salisbury, and Thomas Earl of Suffolk, their executors
and assigns, from the Feast of Saint Michael the Archangel then last past, for the term
of twenty one years from theace next following, at and under the yearly rent of twenty
shillings of lawful money of England.
And whereas his said, late Majesty King James the First, by ceitain other letters
patent under the Great Seal of England, bearing date at Westminster the seventh day of
July, in the seventh year of his reign, reciting the said letters patent
e erg a en ijg,.giQ j^g^ before recited, did give and grant unto the said William Earl
of Derby and Elizabeth his wife, and James Stanley Lord Stanley his
son and heir apparent, all the said island, castle, pele, and lordship of
Man, and all the islands and lordships to the same belonging, and all and singular the
royal regalities, franchises, liberties, and all and singular other the premisses in the said
therein and herein recited letters patent demised and granted, with all their rights,
members, and appurtenances, (except the said houses, scites, circuits, and precincts, and
other the premisses in the said therein recited letters patent excepted,) and farther, that
112 NOTES ON THE CHRONICLE. — § 28.
the said William Earl of Derby and Elizabeth his wife, and James Stanley Lord Stanley,
and the heirs and assigns of the said James, should have, hold, and enjoy, within the
said island, castle, pele, and lordship of Man, and other the premisses, such and the like
courts leet, profits of courts leet, views of frank pledge, courts of portraote, courts of
admiralty, and every thing to all and every the said courts belonspng, law days, assize
and assay of bread, wine, and beer, waifs, estrays, goods and chatties of felons, fugitives,
felons of themselves, clerks convict or attainted, traitors, or of those who being indicted
of treason, murder, or felony, refuse to answer to the same according to the law and
custom of England, or stand obstinately mute, or refuse to stand to judgement thereupon
to be given, or of persons otherwise convicted or condemned, deodands, knights fees,
wards, marriages, reliefs, escheats, heriots, forests, chases, free warrens, parks, liberties
of parks, wrecks of the sea. anchorage and groimdage, and all other rights royal, regalities,
jurisdictions, franchises, liberties, customs, privileges, profits, commodities, advantage?,
emoluments, and hereditaments whatsoever, as well spiritual as temporal, as fully, freely,
and intirely, and in as ample manner and form, as Sir William Le Scrope knight, Henry
Percye Earl of Northumberland, Sir John Stanley knight, or any of them, or any other
person or persons thentofore had held, used, or enjoyed the same, within the said island,
castle, pele, aud lordship, farms, messuages, lands, and hereditaments, and other the
premisses therein before granted, or anj- part or parcel thereof, by reason or pretence of
any charter, gift, grant, confirmation, or letters patent, from any Kings or Queens of
England, or of any act or acts of parliament, or of any lawful prescription, usage, or
custom, or of any other right or title whatsoever, and as fully, freely, and in as ample
manner and form, as his said Majesty, or any of the former Kings or Queens of England,
had aud enjoyed, or ought to have had, used, and enjoyed, the said island, castle, pele,
and lordship of Man, farms, messuages, lands, tenements, and hereditaments, and all
and singular other the premisses thei-ein before granted, or any part or parcel thereof, to
be had aud holden, to and to the use of the said William Earl of Derby and Elizabeth his
wife, for and during the natural life and lives of them and the survivor of them, and after
their deceases, to and to the use of the said James Stanley Lord Stanley, and his heirs for
ever, of his said Majesty, his heirs and successors, for ever, by liege homage, aud by the
service of rendering to the said king two falcons once only, that is to say, immediately
after the said homage done, and of rendering to his said Majesty's heirs, kings of England
two falcons on the days of their coronations in lieu of all other services, customs, and
demands ; and the said king did moreover give and grant to the said William Earl of
Derby and Elizabeth his wife, and Jaraes Stanley Lord Stanley, his heirs and assigns, all
and all manner of rents, arrearages of rent, issues, revenues, and yearly profits of the said
island, castle, pele, and lordship of Man, and other the premisses, (except as before excepted)
heretofore due and not paid to his late dear sister Elizabeth late Queen of England, or to
himself, or to any of his progenitors, to be by them received without any account for the
same.
And whereas bis said late Majesty King James the First, by certain other letters patent
under the Great Seal of England, bearing date at Westminster the second day of May
l-etters Patent in the eighth year of his reign, did give and grant to the said William
2 May, Earl of Derby aud Elizabeth his wife, and the heirs of the said William,
8 James I. all those houses, scites, circuits and precincts, formerly the monastry and
priory of Bushing and Douglas, and the fryers minors commonly called the Grey Fryers of
NOTES ON THE CHRONICLE. § 38. 113
Brymaken, otherwise Bymaken, with all their appurtenances in the said Island of Man, and
all those his rectories and churches of Kirkecrist in Shelding and Kirklovan with their
appurtenances in the said Island of Man, formerly belonging to the monastery of Rushing
aforesaid, and being parcel of the possessions thereof, by a particular thereof extending to
the clear annual rent or value of one hundred and one pounds, fifteen shillings, and eleven
pence, over and above certain other payments in the said letters patent mentioned issuing
thereout, and amounting in the whole to twenty-one pounds, seventeen shillings, and all
and singular his monasteries, abbies, granges, lands, tithes, tenements, and hereditaments
whatsoever, with all and singular their rights, members, and appurtenances, in the said
Island of Man, and all messuages, mills, houses, edifices, buildings, barns, stables, dove-
houses, orchards, fruiteries, gardens, lands, tenements, tofts, cottages, pools, fishponds,
meadows, feedings, pastures, heaths, moors, marshes, ways, void grounds, roads, paths,
easements, woods, underwoods, coppice woods, woodlands, trees, fiuits, profits, commodi-
ties, streams, banks, rivulets, watercourses, aqueducts, piscaries, fishings, rents, avenues,
and services, tithes of corn in sheaf, corn in blade, grain, and haj-, and all other tithes
whatsoever as well great as small, oblation*, obventions, hawkings, huntings, frankfolds,
turbaries, suits, sokes, multures, warrens, mines, quarries, rents and services as well of
fee as of customary tenants, rent charges, rents seek, and rents and services reserved
upon any demises or grants of the premisses, or any parcel thereof, works of tenants,
annual farm rents, fee farms, customs, annuities, knights fees, wards, marriages, escheats,
reliefs, aids, heriots, fines, amerciaments, courts leet, views of frankpledge, perquisites and
profits of courts and leets, and all that to courts leet or view of frankpledge belonged, or
thereafter could or ought to belong, waifs, goods and chattels of petty traitors, felons,
fugitives, persons outlawed, attainted, condemned, and put in exigent, and of those who
being indicted of any petty treason, murder, or felony, shall stand obstinately mute, or
will not answer directly and justify themselves according to the law and custom of
England, and of all persons convicted or attainted, estrays, deodands, villeins and naifs,
with their issue, estovers and commons of estovers, fairs, markets, stallages, tolls, duties,
imposts, rights, jurisdictions, franchises, liberties, customs, privileges, profits, commodities,
advantages, emoluments, and hereditaments, with all and singular their rights, members,
and appurtenances, within the said Island of Man, to the said monasteries and priories
of Rushing and Dowglass, and the fryers minors of Brymaken, otherwise Bymaken, and
rectories and churches of Kirkecrist in Shelding and Kirklovan, and other the premisses
therein before given and granted, or to any parcel thereof, belonging, appertaining,
incident, or appendant, and the reversion and reversions of the same expectant on any
grant or demise for term of life or lives, or years, or otherwise, whether the same be of
record or not of record, and all woods, underwoods, coppice woods, and trees whatsoever,
growing and being in and upon the premisses, or any part thereof, and the land, ground,
an i soil of the same, and all rents and annual profits reserved upon any demise or grant
of the premisses, or any part thereof ; and also that the said William Earl of Derby and
Elizabeth his wife, and the heirs of the said William, should have, hold, an3 enjoy, all
such and the like courts leet, views of frankpledge, law days, assize and assay of bread,
wine, and beer, waifs, estrays, chattels of felons, fugitives, and persons put in exigent,
deodands, knights fees, wards, marriages, reliefs, escheats, heriots, free warrens, hawkings ,
huntings, and all other rights, jurisdictions, franchises, liberties, customs, privilegea,
profits, commodities, advantages, emoluments, and hereditaments whatsoever, and as
M
114 NOTES ON THE CHRONICLE. — § 28.
fully, freely, and intirely, as any abbot or prior of tlie said former monastery and
priory of Rushing and Dowglas, and the fryers minors of Brjnuaken, otherwise Bymaken,
or any other person or persons heretofore haring, possessing, or being seised of the said
monastery, priory, fryers minors, rectories, churches, and other the premisses, ever had,
held, used, or enjoyed, or ought to have had, held, used, or enjoyed the same, or any part
thereof, by reason or pretence of any charter, gift, grant, or confirmation, by his said
Majesty, or any of his ancestors Kings or Queens of England, or of any act or acts of
parliament, or of any lawful prescription, usage, or custom, or otherwise howsoever by
any lawful means, right, or title, and as fully, freely, and intirely, as his said Majesty, or
any of his said ancestors, ever had and enjoyed, or ought to have had and enjoyed the
same, and in as ample manner and form as the same came, or ought to have come, to the
hands of his said Majesty, or any of his said ancestors, by reason or pretence of the
dissolution or surrender of any of the said monasteries or priories, or by reason or pretence
of any act or acts of parliament, escheats, exchanges, attainders, or forfeitures, or by any
other lawful means, right, or title whatsoever; to be had, holden, and enjoyed, to and for
the use of the said William Earl of Derby and Elizabeth his wife, and the heirs of the
said William, for ever, of his said Majesty, his heirs and successors, as of the manor of
East Greenwich in Kent, by fealty only, in free and common soccage, and not in chief,
or by knight's senice, at and under the yearly rent of one hundred and one pounds,
fifteen shillings, and eleven pence, of lawful money of England, to be paid at the receipt
of his Majesty's Exchequer at Westminster, at the feast of Saint Michael the Archangel,
and the Annunciation of the blessed Virgin Mary, by equal portions, in lieu of all other
rents, services, exactions, and demands whatsoever ; and it was agreed, that the said
William Earl of Derby and Elizabeth his wife, and the heirs of the said William, should
yearly and every year pay, or cause to be paid, the several sums therein mentioned, due
and issuing out of the premisses, and amounting in the whole to the sum of twenty
pounds, seventeen shillings, yearly ; and thereof should acquit, discharge, and save
harmless, his said Majesty, his heirs and successors.
And whereas by an act of parliament made in the eighth year of the reign of his said
late Majesty King James the First, intituled, An Act for the assuriru) and establishing
^ j. of the Isle of Man, in order to continue the said island, castle, pele.and
8 James I. lordship of Man, with their rights, members, and appurtenances, in the
name and blood of the said William Earl of Derbj', it was enacted that the said William
Earl of Derby and Elizabeth his wife, for and during their lives, and the longer liver of
them, and after their deaths the said James Lord Stanlej', and the heirs male of his body
lawfully begotten, and after his death without such issue, Robert Stanley^, second son of
the said Earl, and the heirs male of his body lawfully begotten, and after his death
without such issue, the heirs male of the body of the said William Earl of Derby law-
fully begotten, and for default of such issue, the right heirs of the said James Lord
Stanley, should and might for ever thereafter have, hold, and quietly enjoy, freely and
clearly, against his said Majestj-, his heirs and successors, (by the tenures, rents, and
services therein after mentioned to be reserved,) against Thomas Lord Ellesmere Lord
Chancellor of England and Alice Countess of Derby his wife, late the wife of Ferdinando
Earl of Derby deceased, and against Henry Earl of Huntingdon and Elizabeth his wife,
Gray Lord Chandoys and Anne his wife. Sir John Egerton, knight, son and heir apparent
of the said Thomas Lord Ellesmere and Frances his wife, and the heirs of the said
NOTES ON THE CHEONICLE. § 28. 115
Elizabeth, Anne, and Frances, who were the only daughters and sole heirs of the said
Ferdinando late Earl of Derby, and to whom and their husbands the said Williann Earl
of Derby had paid divers sums of money for their claim, right, and title to the said isle,
castle, pele, and lordship of Man, as appeared by their deed, bearing date the fourteenth
day of February in the sixth year of his said Majesty's reign, whereby they had agreed
to give their consents for the passing of an Act of ParUament, for the giving and extin-
guishing of such their right, title, and interest, and against the heirs of the said
Ferdinando late Earl of Derby, and against Thomas Ireland, Esquire, his executors,
administrators, and assigns, all the said isle, castle, pele, and lordship of Man, with the
rights, members, and appurtenances, and all the then or late monastery and priorj' of
Rushing and Dowglas, and the fryers minors commonly called the Grey Fryers of Bry-
maken, otherwise Bymaken, with their rights, members, and appurtenances, and the
rectories and churches of Kirkecriste, in Shelding and Kirkelovan, with their appurten-
ances, and the patronage of the bishoprick or bishopricks aforesaid, and all other the
hereditaments whatsoever granted by his said Majesty by his said several letters patent,
the one bearing date the seventh day of July in the seventh year of his said Majesty's
reign, and tlie other bearing date the second day of May in the eighth year of his said
Majesty's reign, which last mentioned letters patent were made and granted daring the
then session of Parliament: And it was further enacted, That neither the said Lord
Stanley, nor the said Robert Stanley, nor any of the heirs male of their bodies respec-
tively, nor any of the heirs male of the body of the said William Earl of Derby, should
have any power to alien, sell, or convey the said isle, castle, pele, and lordship of Man,
and other the premisses, or any part of them, from his or their issue, or other persons
appointed by the said Act to enjoy the same, but that the same should remain and
continue as by the said Act is appointed; and that all gifts, grants, aUenations, bargains,
sales, conveyances, assurances, and acts done or to be done to the contrary (except as
therein is excepted) .'should be utterly void, and of none effect : And it was further
enacted, That neither the said Act, nor any thing therein contained, should extend or be
construed to avoid, frustrate, abridge, impair, diminish, or prejudice the state, interest,
and term of years of Sir Thomas Leigh, Knight, and Thomas Spencer, Esquire, their
executors, administrators, and assigns, of the messuage, lands, tenements, tithes, profits,
hereditaments, and other things in the said Isle of Man, granted by the said letters
patent, bearing date the seventeenth day of March in the third year of his said Majesty's
reign, for the term of forty years ; and that they and every of them should and might
peaceably and quietly, during the said term, have, hold, occupy, and enjoy, the same,
upon such yearly rents, reservations, covenants, provisoes, and agreements, as were men«
tioned and expressed in the said letters patent ; saving to the Archbishop of York and his
successors, all metropolitical jurisdiction in all points, and to all purposes of the bishop-
ricks and diocese of Man in the said Isle of Man, as is given, united, limited, and
appointed, to the province and archbishoprick of York, by the said Act of Parliament
made in the three and thirtieth year of the reign of the said King Henry the Eighth.
And whereas his late Majesty King Charles the Second by his letters patent bearing
date at Westminster, the twelfth day of February in the nineteenth year of his reign, did
Letters Patent, give and grant unto Charles Earl of Derby (son and heir of the said
12 Feb. James Lord Stanley afterwards Earl of Derby deceased) all and all
19 Chas. II. manner of mines royal of gold or silver, or holding gold or silver to such
116 NOTES ON THE CHEONICLE. — § 28.
a proportion as, according to the Ian s of England, doth make the same a mine Toya.\,
situate, lying, and being in the Isle of Man, whether the same be opened or not opened;
to be had and holded unto the said Charles Earl of Derby, and to the heirs male of his
body lawfully begotten, at and under the yearly rent and payment therein contained and
expressed ; which said grant, upon the failure of heirs male of the body of the said
Charles Earl of Derby, by the death of James late Earl of Derby, which happened on or
about the first day of February, in the year of our Lord One thousand seven hundred and
thirty-five, expired, and the right of the said mines royal revested in his then Llajesty
King George the Second, his heirs and successors.
And whereas in and by one other Act of Parliament, made in tbe twelfth year of the
reign of his late Majesty King George the First, intituled. An Act for the improvement
Act, of his Majesty's revenues of custom, excise, and inland duties, after
12 Geo. I. laying several restrictions upon the fraudulent trade then carried on
between Great Britain and the said Isle of Man, it was (for the better enabling his
Majesty to prevent the said frauds and abuses) enacted, That it should and might be
lawful to and for the Commissioners of his Majesty's Treasury then or for the time being,
or any three or more of them, or the Lord High Treasurer for the time being, on the
behalf of his Majesty, his heirs and successors, and also to and for the Right Honourable
James Earl of Derby, his tenants, or assigns, the Right Honourable John Lord Ashburn-
ham for and on behalf of his daughter Henrietta Bridget Ashburnbam an infant, Bryan
Fairfax, Esquire, trustee for the said infant, or the survivor of them, and all or any
other person or persons claiming or to claim by, from, or under the said Eatl, or any of
bis ancestors, to treat, contract, and agree for the absolute purchase or sale, release or
suiTender to or for the use of his Majesty, bis heirs and successors, of all or any estates
right, title, or interest, which he the said Earl, his tenants, the said Henrietta Bridget
Ashburnbam, or such other persons then had or claimed, or could or might have or claim
in or to the said island or lordship of Man, or in or to all or any regalities, powers,
honours, superiorities, jurisdictions, rights, privileges, duties, customs, revenues, profits,
or other advantages whatsoever, in, over, or about the said Island of Man, or its depen-
dencies, for such sum or sums of money, or upon such other terms or conditions, as they
should think fitting ; and that upon the executing of such contracts or agreements by or
on the behalf of the said Earl, his tenants, the said Henrietta Bridget Ashbumham, or
such other person or persons claiming or to claim under him, or any of his ancestors as
aforesaid, or upon executing such other conveyances, assignments, releases, or surrenders,
as in such contract or contracts should be agreed on for that purpose, it should and might
be lawful to and for the said Commissioners of the Treasury then or for the time being,
or any three or more of them, or the Lord Higli Treasurer for the time being, and they
were thereby impowered, by and out of all monies arisen or to arise to his Majesty, his
heirs, or successors, of or for any customs, subsidies, impositions, or other duties, upon
the importation or exportation of any goods or merchandizes whatsoever, already granted
or payable, or thereafter to be granted or payable to his Majesty, his heirs, or successors,
in Great Britain, Wales, or Berwick upon Tweed, to order and direct the payment of
such sum or sums of money, from time to time, as should be so contracted or agreed on
for such purchase or purchase?, to such person or persons as, according to the terms of
such contracts or agreements, should be intitled to have and receive the same.
NOTES ON THE CHRONICLE. § 28. 117
And whereas the most noble James late Duke of AthoU, as right heir of the said James
Lord Stanley, on failure of heirs male of the body of the said William Earl of Derby by
Title of Duke the death of the said James late Earl of Derby, became seised to him
of AthoU. and his heirs of the said island, castle, pele, and lordship of Man, and all
other the premisses aforesaid, except the mines royal so reveshed in the Crown as afore-
said ; and by a certain Indenture or Deed of Feoffment, with livery of seisin therein
Feofifraent, indorsed, bearing date the fourteenth day of November in the year of
14 Nov. 1737. our Lord One thousand seven hundred and thirty-seven, and made, or
mentioned to be made, between the said late Duke of AthoU of the one part, the Right
Honourable John late Earl of Dunmore, and the Right Honourable William now Lord
Mansfield, by the name and description of the Honourable William Murray of Lincoln's
Inn, London, Esquire, and John Murray of the city of Edinburgh, Esquire, (since
deceased) of the other part, the said James Duke of Atholl did grant, bargain, sell, alien,
enfeoff, and confirm unto the said John Earl of Dunmore, and William now Lord Mans-
field, and John Murray, all the said island, castle, pele, and lordship of Man, and all
other the premisses therein and herein more particularly mentioned and described, except
Es before excepted ; to be had and holden to the said John Earl of Dunmore, William
now Lord Mansfield, and John Murray, their heirs and assigns for ever, upon the trusts,
and to and for the intents and purposes therein mentioned and declared, of and concern-
ing the same ; in which said Indenture or Deed of Enfeoffment a power was reserved to
the said James Duke of AthoU, by any deed or deeds, or by his last will and testament,
executed and attested as is therein mentioned, to revoke and make void all and every or
any of the said trusts, directions, declarations, and agreements, and to declare, limit, or
appoint, any farther, other, or different trusts, uses, or directions thereof, or of so much
thereof as should be so revoked and made void, with or without power of revocation, as
to the said Duke should seem proper.
And whereas by Indenture bearing date the fourth day of Maj', One thousand seven
hundred and forty-eight, and expressed to be made between the same parties as are
Indenture, parties to the last recited Indenture, the said James Duke of Atholl, in
4 May, 1748. pursuance of the powers in him vested, did revoke and make void all and
every the said trusts, directions, declarations, and agreements, contained in the said
recited Indenture or Deed of Feoffment of the fourteenth day of November, One thousand
seven hundred and thirty-seven, of and concerning the said island, castle, pele, and lord-
ship of Man, and all other the premisses; and did direct, limit, and appoint that the said
John Earl of Dunmore, William now Lord Mansfield, and John Murray, and their heirs
and assigns, should stand seised of the premisses upon such other trusts, and to and for
such intents and purposes, as therein are mentioned and declared of and concerning the
same ; in which said Indenture was also reserved to the said Duke of Atholl, a like power
of revocation, with authority to declare, limit, or appoint, any farther, other, or different
trusts or directions of the same, or any part thereof, with or withont power of revocation,
as to him should seem proper.
And whereas by one other Indenture or Deed of Feoffment, with Livery of Seisin
thereon indorsed, bearing date the sixth day of April, in the year of our Lord One
Feoffment, thousand seven hundred and fifty-six, and made, or mentioned to be made,
6 April, 1756. between the said James Duke of Atholl of the first part ; the said William
now Lord Mansfield, by the name and description of the Honourable William Murray of
118 NOTES ON THE CHRONICLE. — § 28.
Lincoln's Inn in the county of Middlesex, Esquire, his Majesty's Attorney General, of
the second part; and the Most Noble Archibald late Duke of Argyle, the Right Honour-
able David Lord Viscount Stormont, and John Sharpe of Lincoln's Inn in the county of
Middlesex, Esquire, since deceased, of the third part ; reciting (amongst other recitals
therein contained) that proposals had, from time to time, been made to the said Jame^
Duke of Atholl on the part of the King's Majesty tliat then was, in order to purchase of
the said Duke of. Atholl the said Tsle and territories of Man, and other the hereditaments
and premisses therein mentioned ; and that the said Duke, though reluctant to alien so
honourable a Principality from his family, had always been ready to submit to his
Majesty's wiU and pleasure therein, who had never proposed to purchase but upon paying
a full and adequate consideration for the same : but that it was uncertain whether any
such sale would be made of the said Isle, hereditaments, and premisses, in the life-time of
the said Duke of Atholl; and that therefore he the said Duke was mmded and desirous
that the same should be settled, assured, aud conveyed, upon such trusts, and to and for
such intents and purposes, as therein and herein after are expressed ; the said James Duke
of Atholl, in pursuance of the powers reserved to him by the said last-mentioned Inden-
ture, and of all other powers to him given in that behalf, did revoke and make void all
and every the trusts, declarations, and agreements, in the said Indenture contained
concerning the said Isle, castle, pele, lordship, and territories of Man, and all other the
premisses as aforesaid ; and further, the said James Duke of Atholl, and also the said
William now Lord Mansfield, by the direction and appointment of the said Duke, did
grant, bargain, sell, alien, enfeoff, and confirm, unto the said Archibald Duke of Argyle,
David Lord Viscount of Stormont, and John Sharpe, Esquire, the said Isle, castle, pele,
lordship, and territories of Man, with the rights, royalties, members, dependencies, juris-
dictions, and appurtenances thereof, or thereunto belonging, and all and singular other
the hereditaments and premisses aforesaid, to be had and holden unto the said Archibald
Duke of Argyle, David Lord Viscount of Stormont, and John Sharpe, their heirs and
assigns, for ever, of our Sovereign Lord the King, his heirs and successors, by the rents,
tenures, suits, and services, by which the said James Duke of Atholl, and William now
Lord Mansfield, or either of them, then held the same; upon trust (among other things)
after the decease of the said James Duke of Atholl, that they the §aid Archibald Duke of
Argyle, David Lord Viscount of Stormont, and John Sharpe, and the survivors of them,
their nominees and assigns, should, at any time thereafter, with the consent and appro-
bation of the person and persons who, after the death of the said James Duke of Atholl,
should, by virtue of the trusts therein expressed, be, from time to time, intitled to the
actual receipt of the rents, revenues, and profits of the said Isle and premisses (such
person and persons being then of the age of twenty-one years,) sell and convey, or release
and surrender, the said Isle, castle, pele, lordship, and territories of Man, and other th«
trusted premisses (whereof no appointment should have been made by the said John
Duke of Atholl in his life-time, pursuant to a power to him therein reserved and men-
tioned,) unto the King's Majesty, his heirs, or successors, for such price in readi' money
as they could reasonably get, and should judge to be a proper equivalent and adequate
consideration for the same ; and should, with such coasent and approbation as aforesaid,
lay out and invest the money to arise by the sale and disposition thereof, in the purchase
of lands of inheritance in that part of Great Britain called Scotland ; and after such
purchase or purchases made, should convey, Settle, and intail, the lauds so to be pur-
MOTES ON THE CHEONICLE. — § 28. 119
chased, with all the proper prohibitive, irritant, and resolutive 'clauses, so as the same
might be effectually limited, and nnalienably intailed, as far as the rules of the law of
Scotland would permit, to, upon, and for, such persons, uses, intents, and purposes, as are
therein declared concerning the same, that is to say, to the heirs male of the body of
the said James Duke of AthoU, remainder to the heirs female of the body ot the said
James Duke of AthoU (the eldest heir female always succeeding without division, and
excluding heirs portioners,) remainder to the Most Noble John now Duke of AthoU, by the
name and description of John Murray, of Strowan in Scotland, Esquire, nephew of the
said James Duke of AthoU, and husband of the Right Honourable the Lady Charlotte
Murray, the only daughter then living of the said James Duke of AthoU (now Duchess of
AthoU and Baroness Strange,) and the heirs male of his body, with like remainders to James
and George Murray, Esquires, brothers of the said John now Duke of AthoU, successively,
and the heirs male of their respective bodies, with divers other remainders over in tail
male, remainder to the heirs and assigns of the said James Duke of AthoU whatsoever,
with power to the trustees, (with the consent of the person or persons who would have
been intitled to the receipt of the rents and profits of the premisses, in case there had
been no sale,) to place out the money arising by such sale on real securities in Scotland, or
in any other part of Great Britain, or in the purchase of stocks in the publick companies,
or in the publick funds, or upon government securities, and to call in and place out the
same again upon new or other securities of the like nature, the yearly interest and
dividends whereof should be paid to such person or persons as, for the time being, would
be intitled to be in the actual receipt of the rents and profits of the lands thereby directed
to be purchased in Scotland, in case the same had been so purchased, settled, and intailed,
as aforesaid ; and with power also to the surviving trustees, in case of the death of any
of them, to re- enfeoff other trustees to the same uses; and likewise with power to the
said James Duke of AthoU, by deed or will to be by him executed, and attested as
therein mentioned, to revoke or alter all or any the uses and trusts therein expressed, of
or concerniug the premisses, or any part thereof, and to limit and appoint any new and
further uses and directions thereof, as to him should seem meet.
And whereas by a certain other Indenture or Deed of Feoffment, with Livery and
Seisin thereon endorsed, bearing date on or about tlie twenty-first day of November,
Feofiment. which was in the year of our Lord One thousand seven hundred and sixty-
21 Nov. 1761. one, and made, or mentioned to be made, between the said James Duke of
AthoU of the first part, the said David Lord Viscount Stormont of the second part, the
said John now Duke of AthoU of the third part, John Wood, Esquire, Governor and
Commander in Chief of the said Isle of Man of the fourth part, Sir Charles Frederick,
Knight of the most honourable Order of the Bath, and Edmund Hoskins of Lincoln's
Inn, in the county of Aliddlesex, Esquire, of the fifth part, and the Right Honourable
George Earl of Aberdeen of the sixth part, reciting, that the said Archibald Duke of
Argyle and John Sharpe, were both dead, and that several proposals had been made to
the said James Duke of AthoU for the purchase of the several rectories, impropriations,
and tythes, within the said Isle, part of the trusted premisses j and that to facilitate the
sale thereof, he was determined to revoke all the trusts of the said rectories, impropria-
tions, and tythes, declared by the last recited Indenture or Deed of Feoffment; and
further reciting, that the said David Lord Viscount Stormont had, with the privity and
approbation of the said James Duke of AthoU, nominated the said Sir Charles Frederick
120 NOTES ON THE CHRONICLE. § 28.
and Edmund Hoskins, to supply the place of the said Archibald Duke of Argyle and
John Sharpe, in the execution of such of the trusts in the said last recited Indenture as
were not revoked, or intended so to be by the said Indenture, he the said James Duke of
AthoU did revoke, determine, and make void all the trusts before declared concerning the
said rectories, impropriations, and tythes ; and the said James Duke of Atboll, and the
said David Lord Viscount Stormont, bj' his direction and appointment, did grant and
enfeoff the same to the said John now Duke of Atholl, upon the trusts therein men-
tioned: and as concerning the said Isle, lordship, and territory of Man, and all other
the premisses (other than the said rectories, impropriations, and tythes) the said James
Duke of Atholl, and the said David Lord Viscount Stormont by his direction and
appointment, did grant and enfeoff the same to the said John Wood, his heirs and
assigns, to the intent that he and they should re-enfeo8 the same to the said David Lord
Viscount Stormont, Sir Charles Frederick, and Edmund Hoskins, their heirs and assigns,
upon the trusts, and for the intents and purposes, and under the limitations in the said
last recited Indenture or Deed of Feoffment, of the sixth day of April, One thousand
seven hundred and fifty-six, declared concerning the same ; in which said Indeuture was
also contained a further power of revocation.
And whereas the said John Wood did, bj' a certain Deed Poll by him duly executed,
bearing date the eighth day of July, One thousand seven hundred and sixty-two,
Deed Poll, re-enfeoff accordingly the said Isle, castle, pele, and lordship, and other
8 July, 1762. the premisses last mentioned, unto the said David Lord Viscount
Stormont, Sir Charles Frederick, and Edmund Hoskins, and their heirs.
And whereas the said James Duke of Atholl departed this life on or about the eighth
day of January, in the year One thousand seven hundred and sixty- four, without
Title of John revoking or altering the said last recited Indenture of Feoffment, leaving
Duke and the said Charlotte (wife of the said John now Duke of Atholl) now
Charlotte Duchess of Atholl and Baroness Strange, his daughter and only child ;
Duchess of and thereupon they the said now Duke and Duchess of Atholl became
Atholl. intitled to the said Isle, castle, pele, and territories of Man, and other the
hereditaments and premisses (the said rectories, impropriations, and tythes excepted,)
under and by virtue of the said recited Indentures of Feoffment, and according to the
estate and interest thereby limited to them respectively therein.
And whereas a treaty having been set on foot between the Right honourable the Com-
missioners of his Majesty's Treasury and the said John Duke of Atholl, and Charlotte
Treaty for Duchess of Atholl and Baroness Strange, his wife, for the sale of their
sale of Island, estate and interest in the said Island and premisses, or such part thereof
as should be found expedient to vest in his Majesty for the public service, they the said
Duke and Duchess did, in their Letter bearing date the twenty -seventh day of February,
Letter, One thousand seven hundred and sixt3'-five, and addressed to their
27 Feb. 1765. Lordships, inclose an abstract of the clear revenue of the Isle of Man for
ten years, from the year One thousand seven hundred and fifty-four, to the year One
thousand seven hundred and sixty-three, both inclusive, (a copy whereof is contained in
the schedule annexed to this Act,) and did declare that they were ready, if it should be
deemed necessary for the public service, to part with all their rights held under the
several grants of the Isle of Man ; but apprehended, that the reservation of their landed
revenue, together with the patronage of the bishoprick, and other ecclesiastical benefices
NOTES ON THE CHEONICLE. — § 28. 1£1
in the Island, conld not interfere with the interest of the publick ; and presamed, ther»
could be no objection to their preserving the honourable distinction and service which
their ancestors had so long enjoyed, and by which they held their rights in this Island, of
presenting the two falcons at the coronation; and notwithstanding the difficulty of pro-
posing a proper compensation, (which might expose them to the imputation of making an
unreasonable demand on the one hand, and of not doing sufficient justice to their family
on the other,) yet, as the circumstances of the case had made it necessary, they did there-
fore hope, that n3it her his Majesty, nor the Parliament, would think the clear sum of
seventy thousand pounds too great a price to be paid them, in full compensation for the
absolute surrender of the Isle, castle, and pele of Man, and all rights, jurisdictions, and
interests, in or over the said Island, and all its dependencies, holden under the several grants
thereof, or under any other title whatsoever, reserving only their landed property, with
all their rights in and over the soil as Lords of the Manor, with all courts baron, rents,
services, and other incidents to such courts belonging, their wastes, commons, and other
lands, inland waters, fisheries, and mills, and all mines, minerals, and quarries, according
to thtir present rights therein, felons' goods, deodands, waifs, estrays, and wrecks at sea,
together with the patronage of the bishoprick, and of the other ecclesiastical benefices in
the said Island, to which they were then entitled, to be holdea of the Crown by the
honorable service above mentioned.
And whereas by a certain contract or agreement in writing, bearing date the seventh
day of March, in the year of our Lord one thousand seven hundred and sixty- five, and
Contract of duly executed under the hands and seals of four of the Commissioners of
7 March, 1765 ijig Majesty's Treasury of the one part, and the said Duke and Duchess of
Atholl, Sir Charles Frederick, and Edmund Hoskins of the other part, the said Commis-
sioners of the Treasury contracted and agreed with the said Duke and Duchess of Atholl,
and tbe said Sir Charles Frederick and Edmund Hoskins their trustees, for the absolute
purchase of the said Island of Man, with its dependencies, except as therein is excepted,
for the said price or sum of seventy thousand pounds of lawful money of Great Britain,
to be paid in the manner and at the time therein mentioned; and whereas the said David,
Lord Viscount Stormont is now resident at Vienna, in the character of his Majesty's
embassador extraordinary at that court.
And whereas the said contract and agreement cannot be efiectually established and
carried into execution without the authority of Parliament.
Be it enacted by the King's most excellent Majesty, by and with the advice and consent
of the Lords spiritual and temporal and Commons, in this present Parliament assembled,
and by the authority of the same. That from and immediately after the payment into the
Upon payment I^^"k of England by his Mnjestj', his heirs or successors, in the names of
by his Majesty the said John Duke of Atholl and Charlotte Duchess of Atholl his wife,
1•!i-«'^«/^'"' Barouess Strange, Sir Charles Frederick, and Edmund Hoskins, or the
of £/0,000 on " '
or before 1st survivors or survivor of them, of the sum of seventy thousand pounds of
June, 1765, lawful money of Great Britain, free and clear of all taxes, impositions,
ol the Duke ^^^^' rewards, and other deductions whatsoever, on or before the first day
ai;d Duchess of June, in the year of our Lord one thousand seven hundred and sixfy-
of Atholl, Sir fiyg, (to be by them the said John Duke of Atholl and Charlotte his wife
J 1^1 A Baroness Strange, Sir Charles Frederick, and Edmund Hoskins, or the
ana Lumuna _
Hoskins, survivors or survivor of them, and the executors and administrators of
Buch survivor, paid, applied, and disposed of for the uses, intents, and purposes,
expressed and contained in the said indenture or deed of feofifmeut, bearing date
N
122 NOTES ON THE CHEONICLE. — § 28.
the Biitb day of April, one thousand seven hundred and fifty-six,) the said island, castle,
pele, aud lordship of Man, and all the islands and lordships to the said
M *and the 1*1^"^ °f ^^° appertaining, together with the royalties, regalities, fran-
islands, &c., chises, liberties, and sea ports to the same belonging, and all other the
thereunto ap- hereditaments and premises comprised, mentioned, and granted in the
^ ' said letters patent, bearing date respectively the sixth day of April in the
seventh year of the reign of King Henry the Fourth, the twenty-eighth day of June in
the seventh year of the reign of King James the First, and the second day of May in the
eighth year of the reign of the same King James the Firet, and the said statute or
Act of Parliament made in the said eighth year of the reign of the same King
James the First, and every or any of them, (except as hereinafter is excepted,)
to vest nn- ^^^^ ^ ^"^ ^^^^ ^""^ ^^""^^y unalienably vested in his Majesty, his
alienably in heirs and successors, freed and discharged and absolutely acquitted,
the Crown. exempted, and indemnified of, from, and against all estates, uses,
trusts, intails, reversions, remainders, limitations, charges, incumbrances, titles, claims,
and demands whatsoever, from, by, or under the said letters patent and Act of Parliament
and every or any of them, or from, by, or under any other means, right, or title whatso-
ever, as fully, freely, and intirely as if the said letters patent and Act of Parliament, and
the estates, interests, hereditaments, and premises therein, or in any of them comprized,
mentioned, and granted, were herein again transcribed and repeated.
II. And be it further enacttd by the authority aforesaid. That the receipt or receipts of
the proper clerk or cashier, clerks or cashiers, of the Governor and Company of the Bank of
England, under his or their hand or bands respectively, testifying the
ceint testify- P^J'i^^'^* of ^^^ ^^^^ s"^™ °f seventy thousand pounds, or any part
ing the pay- thereof, by the said Commissioners of the Treasury, or such person or
mentofthe persons as they or any three of them shall order and direct to pay the
' same into the said Bank of England, in the names of the said Duke and
Duchess of AthoU, Sir Charles Frederick, and Edmund Hoskins,or the survivors or survivor
of them, shall be a sufficient discharge to his Majesty, his heirs and successors, of and for
the said sum of seventy thousand pounds, or so much thereof as such
to be a suffi-
cient dis- receipt or receipts shall be given for ; and that bis Majesty, his heirs and
charge to His successors, upon and after such receipt or receipts given as aforesaid, shall
Majesty. |jg absolutely acquitted and discharged of and from the said monies, not-
withstanding any subsequent loss, non-application, or misapplication of the same or any
part thereof,
III. Provided always. That the lands which shall be purchased with the said sum of
seventy thousand pounds, or any part thereof, pursuant to the trusts, intents, and purposes
The said sum expressed and contained in the said indenture or deed of feoffment, bear-
'"h^'^h stTtr ^"^ ^^^^ ^^^ ^^^^^ ^^^ °^ April, one thousand seven hundred and fifty-six,
be purchased and till such purchase shall be made, the said sum of seventy thousand
pursuant to pounds, cr such part thereof as shall not be so invested in the purchase of
the trusts ex- jgnds as aforesaid, shall be and continue subject to such and the same
pressed in the ...
Deed of Feolf- estates, interests, rights, titles, claims, and demands, and no other, as any
April, 1756, person or persons, bodies politick and corporate, had and enjoyed at the
fe'Vto'the'*'*' ^^^^ °^ *^® passing of this Act, of, in, to, or out of the said island, castle,
same estates, pele, and lordship of Man, or any other the hereditaments and premisses
said Island, hereby vested in his Majesty, or could or ought to have had or enjoyed in
case this Act had uever been made.
NOTES ON THE CHRONICLE. § 28. 123
IV. Provided also, and it is hereby further declared and enacted by the authority
aforesaid, That nothing in this Act contained shall extend or be construed to
extend to vest in his Majesty, his heirs or successors, the patronage of the
bishoprick of the said Island of Man, or of the bishoprick of Soder, or of the bishoprick of
iJoder and Man, or the temporalties of the said bishoprick or bishopricks,
Reservation . , , ,, , i, • , ^ o ■■
ofpatrona''0 whenever it or they shall become vacant, or the right of advowson,
and other patronage, presentation, collation, donation, nomination, or free disposi-
rights not ^.j^^ ^j ^^ j.^ ^^y archdeaconries, canonries, prebends, colleges, hospitals,
Tested in the , , , , . . ., ,••,,«
Crown • churches, chapels, rectories, vicarages, or otlier ecclesiastical benefices or
promotions whatsoever, within the said island, lordship, and territory of
Man, or the dependencies thereof, or any hundreds, wapentakes, manors, towns, vills,
churches, monasteries, abbics, priories, or the scites, circuits, or precincts thereof, farms,
messuages, houses, granges, tofts, cottages, curtilages, barns, stables, mills, dove-houses,
orchards, fruteries, gardens, lands, demesne lands, glebe lands, meadows, leasows, feed-
ings, pastures, woodlands, woods, underwoods, coppices, trees, or the soil or ground
thereof, wastes, void grounds, roads, paths, heaths, furzes, moors, marshes, mines of
lead or iron or other base metals, collieries, quarries, inland waters, pools, fish-ponds,
watercourses, streams, rivulets, aqueducts, rents, arrearages of rent, rent services, rent
charges, rents seek, rents reserved, annual farm rents, fee farm rents, rents of assize,
annuities, herriots, services or works of tenants, either free or customary, rectories,
tythes, or impropriations of tythes, either great or small, predial, personal, or mixed,
portions of tythes, pensions, oblations, obventions, commons, frankfolds, estovers, com-
mons of estovers, turbaries, ways, passages, easements, forests, parks, liberties of parks,
chases, lawns, warrens, assarts, purprestures, chiminages, hawkings, huntings, piscaries,
fishings, fairs, fair days, markets, stallages, tolls, multures, waifs, estrays, deodands,
wrecks of the sea, assize or assay of bread, wine, or beer, fealties, reliefs, escheats,
forfeitures, goods and chatties of traitors, felons, clerks convict, fugitives, persons con-
victed, attainted, condemned, outlawed, put in exigent, or standing mute, suits of tenants,
courts baron, profits or perquisites of courts baron, fines, amerciaments, or any thing to
courts baron appertaining, or any profits, commodities, advantages, emoluments, or
appurtenances, spiritual or temporal, to the said reserved and excepted premisses, or any
of them, belonging, incident, appendant, or in any wise appertaining, or any interest
therein in possession, remainder, or reversion, within the said Island of Man, or any of
the islands and dependencies to the same belonging ; but that the same, and every part
thereof, shall stand and be fully and clearly excepted and reserved out of this Act, and
all and every the provisions herein contained ; and shall be, remain, and continue, vested
in such and the same person and persons, fpr such and the same estate and estates, and to
and for such and the same uses, intents, and purposes, as if this Act had never been
But to be held ™-''<le; and shall be holden of his Majesty, his heirs and successors, by
by usual bono- the said honorary service of rendering to his Majesty's heirs and succes-
rary service, g^^g Kings and Queens of England, two falcons on the days of their
and yearly . .
Kent of £101 respective coronations ; and at and under the said yearly rent of One
ISs lid. hundred and one pounds, fiftcDn shillings, and eleven pence, to be paid
at the receipt of his Majesty's exchequer at Westminster, in manner and form aforesaid.
V. And be it further enacted by the authority aforesaid. That this Act shall be deemed,
Fublick Act. adjudged, and taken to be a publick Act ; and shall be judicially taken
notice of as such, by all judges, justices, and all other persons whatsoerer.
124
NOTES ON THE CHRONICLE. — § 28.
The Schedule mbntioked and eefbeked to in this Act.
Abstract of the Clear Revenue of the Isle of Man for ten Years from the Year 1754
to the Year 1763, both inclusive.
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The whole Revenue of the Isle for ten years is £85083 6». 6id. Manks. £1 Manks makes £9
British. So the Reveune for ten years \& in British money £72930 Cs. 7d., which at a medium of
years is £72d3 Oa. 61d. per annum.
NOTES ON THE CHEONICLE. — § 28. 125
As to the declaration contained in the preamble of tlie Act, that by
virtue of Act of Parliament 27 Henry YIII. the religious houses in the
Island were dissolved and vested in the King, see notes on § 20, -where
it is shown that such dissolution and vesting did not take place by
virtue of that Act.
As to the declaration also contained in the preamble with respect to
the title of Duke John and his wife the Duchess Charlotte, see notes on
§ 26, whei'e it is shown that such title is incorrectly stated.
By the following proclamation it appears that the consideration
money of £70,000 was paid into the Bank of England on the 17 May,
1765, on which day, being in the second year of her reign, the Duchess
Charlotte ceased to reign as Lady of Man, and the direct reign of George
III. commenced.
The following proclamation under the Great Seal of England, dated
the 21 June, 1765, was issued by the King on taking possession of the
Isle. {Original in Rolls Office.)
Bj' the King,
A Proclamation for continuing officers in the Isle of Man.
George R. — Whereas by an Act made the last session of Parliament, intituled. An
Act for carrying into execution a contract made, pursuant to the Act of Parliament of
the .twelfth of Ms late Majesty King George the First, between the Commissioners of
his Majesty's Treasury and the Duke and Duchess of Atholl the proprietors of the
Isle of Man, and their trustees, for the purchase of the said Island and its dependen-
cies, under certain exceptions therein particularly mentioned, it is enacted, "That rrom
and immediately after the payment into the Bank of EnjlanJ by us, our heirs or succes-
sors, in the names of John Duke of Atholl, and Charlotte Duchess of Atholl his wife,
Baroness Strange, Sir Charles Frederick, knight of the most honourable order of the
Bath, and Edmund Hoskins, Esquiie. or the survivors or survivor of them, of the sum of
Seventy thousand poar.ds, on or before the first day of June, in the year of our Lord
One thousand seven hundred and sixty-five, the Island, castle, pe'e, and lordship of Man,
and all the isl«nds and lordships to the said Island of Man appertaining, together with
the royalties, regalities, franchises, liberties, and sea ports to the same belonging, and all
other hereditaments and premises, therein particularly described and mentioned, (except
as therein is excepted,) should be and they were thereby unalienably vested in us, our
heirs and successors, freed and discharged, and absolutely acquitted, exempted, and
indemnified, of, from, and against all estates, uses, trusts, entails, reversions, remainders,
limitations, charges, incumbr.mces, titles, claims, and demands whatsoever : And whereas
we have caused to be paid into the said Bank of England, in the names of the said Duke
and Duchess of Atholl, Sir Charles Frederick, and Edmund Hoskins, the said sum of
Seventj' thousand pounds, on the seventeenth day of May last past, whereb}-, and by
virtue of the said Act of Parliament, the immediate care of our said Island, and of our
loving subjects therein, is now devolved upon us : And whereas by our commission, bear-
ing even date with these presents, we have constituted and appointed our trusty and well
126 NOTES ON THE CHEONICLE. — § 28.
beloved John Wood, Esquiro, to be our Governor in chief and Captain-General, in and
over our said Island, castle, pele, and lordship of Man, and all the islands, forts, castles,
and lordships thereunto appertaining : We, being desirous to provide for the due and
regular administration of justice within our said Island of Man, and the territories and
dependencies to the same appertaining, and to secure the peace and good order thereof,
and to promote, to the utmost of our power, the happiness and prosperity of all our loving
subjects residing within the same, have thought fit, with the advice of our Privy Council, to
issue this our roj^al proclamation, hereby strictly commanding and requiring all manner of
persons whatsoever, to pay due regard and obedience to the said Act of Parliament, and
our said royal commission, and cheerfully and dutifully to submit themselves to our said
Governor so appointed by us as aforesaid, and to be aiding and assisting to him and all
other our magistrates and officers, in the lawful discharge of the authorities to them
committed and intrusted, as they will answer the contrary at their perils. And our will
and pleasure is that all officers and ministers who now are, or at the time of the publica-
tion of this our royal proclamation within our Island of Man, shall be concerned in the
administration of justice within our island aforesaid, and particularly our Clerk of the
Rolls, Attorney-General, and two Deemsters, and all other persons whatsoever, who at
the time aforesaid are or shall be duly and lawfully possessed of or invested in any civil
employment, (except only the officers appointed and employed bi' the late proprietors of
our Island of Man, in collecting and receiving the revenues arising within our said
Island, and the territories and dependencies of the same,) shall from henceforth hold their
respective offices, places, and emploj'raents, of, from, and under us, our heirs and successors,
and shall continue in the exercise thereof, and shall enjoy the same, with such salaries,
fpes, profits, and emoluments as have hitherto belonged to the same respectively, until
our royal pleasure in this behalf shall be further known : And we do strictly command
and enjoin all and every the said persons, of whatsoever rank, condition, or degree, to
proceed in the execution of their said respective offices, and to perform all duties thereunto
belonging, upon pain of our highest displeasure : And we do further charge and com-
mand all and every our said magistrates, officers, and ministers, and all persons whatso-
ever, who shall hold any office, place, or employment, ecclesiastical, civil, or military,
within our said Island of Man, and the territories and dependencies of the same, that
within the space of one calendar month from and after the publication of this our pro-
clamation within our said Island, they do take the oaths appointed to be taken by an Act
of Parliament passed in the first year of the reign of his late Majesty King George the
First, intituled. An Act for the further security of his Majesty's person and govern'
ment, and the succession of the Crown in the heirs of the late Princess Sophia, being
Protestants : and for extinguishing the ho;pes of the pretended Prince of Wales, and
his open and secret abettors; and also make and subscribe the declaration mentioned in
an Act of Parliament made in the twenty-fifth year of the reign of King Charles the
Second, intituled, An Act for preventing dangers which may happen from Popish
recusants, in the pi-esence of our said Governor, his Lieutenant or Deputy, or in the
superior Court or Courts of Record in our said Island, upon pain of our highest displea-
sure, and as they will answer the contrary at their utmost perils: And our will and
pleasure further is that all jurisdictions and authorities whatsoever which were heretofore
carried on and exercised in the name of the Lord of our said Island of Man for the time
being, or of any other person or persons whatsoever, which are now vested in us, our
NOTES ON THE CHRONICLE. § 28. 127
heirs and successors, by virtue of the said Act of Parliament, shall be henceforth carried
on and exercised in the name of us, our heirs and successors, only : And that all writs,
precepts, processes, orders, injunctions, and all other forms of law and justice, and all acts
of state and policy for the due ordering and government of our said Island, and the terri-
tories and dependencies thereunto belonging, shall be issued and executed in the name
and by the authority of us, our heirs and successors, or of cur Governor, or Lieutenant or
Deputy-Governor, for the time being appointed by us, our heirs and successors, and in no
other name and by no other authority whatsoever : And we do hereby strictly command
and enjoin our said Governor and all other our magistrates and officers within our said
Island, and the territories and dependencies to the same belonging, to see this our royal
proclamation duly carried into execution, and to cause the same to be publickly read in all
the principal towns of the said Island, between the hours of eleven in the morning and
two in the afternoon; and printed copies thereof to be affixed in the most publick places
of the same, and to be distributed to all ministers of churches, chapels, and other places
of religious worship within our said Island, and the territories and dependencies thereunto
belonging : And we do hereby lastly charge and command all ministers of churches,
chapels, and other places of religious worship aforesaid, publickly to read this our royal
proclamation therein, on the next Lord's day after they shall receive the same, during the
time of divine service, immediately before the homily or sermon, upon pain of our highest
displeasure.
Given at our court at St. James's, the twenty-first day of June, 1765, in the fifth year
of our reign.
God save the King. (i- s.)
On tlie 28th June, 1765, tlie Govemoi* Jolin Wood, Esquire, issued
tlie following order to the clergy, to give notice that the royal proclam-
ation would be read at Castletown on the 11th July following. {Liber
Scaccar. 1765.)
Whereas the immediate care of this Island and the inhabitants therein hath by an Act
passed the last session of Parliament devolved upon his most sacred Majesty: And
whereas his Majesty hath, by his commission bearing date the 21st of June instant,
constituted and appointed his trusty and well-beloved John Wood, Esquire, to be his
Governor in chief and Captain- General in and over his said Island, castle, pele, and lord-
ship of Mann, and all the islands, forts, castles, and lordships thereunto appertaining :
And his Majesty being desirous to provide for the due and regular administration of
justice within the said Island, and the territories and dependencies to the same appertain-
ing, and to secure the peace and good order thereof, and to promote to the utmost of his
power the happiness and prosperity of his loving subjects residing within the same, hath
thought fit, with the advice of his Privy Council, to issue his royal proclamation thereby
strictly commanding and requiring all manner of persons whatsoever to pay due regard
and obedience to the said Act of Parliament and his said royal commission, and cheerfully
and dutifully submit themselves to his said Governor, and to be aiding to him and all
other magistrates and officers in the lawful discharge of the authorities to them com.
mitted and intrusted. You are therefore required to give notice at your parish church on
Sunday next, being the 30th instant, during the time of divine service, immediately
before the reading of the homily or sermon, that his Majesty's said royal proclamation
128 NOTES ON THE CHRONICLE. — § 28.
will be publicly read and proclaimed on Thursday the 11th day of July next, at the cross
or market place of the town of Castletown, between the hours of eleven and two of the
clock in the afternoon ; and that all the principal magistrates and civil officers of the
island are to attend in their proper habits, that the same may be conducted with that
solemnity the importance of the occasion requires.
Given under my hand at Castle liushen, this 28th day of June, 1765.
JoniT Wood.
(Copies hereof were transmitted to the clergy of the several churches and chappies
within tbis Isle.)
The following interesting record of tlie proceedings at the public
recognition of the transfer of the Sovereignty of the Island to the Crown
of England is preserved in the Rolls Office. (In the order of procession
the Clerk of the Rolls is omitted, — he was at the time in London on
business connected with the Revestment.)
Be it remembered, That on Thursday the eleventh day of July in the morning, the
colours with the arms of the island were hoisted upon the castle, and the troops were
drawn np in the market place where ;he proclamation was to be read.
At eleven o'clock in the forenoon, the gentlemen th^t were to compose the procession
met in the hall of the Governor's house, and a procession was formed in the manner and
form following, viz. . —
Four soldiers with fixed bayonets to precede the procession and clear the way.
Order of piocession— 1. Captains of garrisons, towns, and parishes, two and two.
2. Tlie clergy, two and two. 3. The Keys, two and two. 4. The Chairman. 5. The
two Vicars- General. 6. The Archdeacon. 7. The two Deemsters. 8. The Attorney-
General. 9. The Constable of Castle Rushen (uncovered) bearing two boxes containing
his Mi'jesty's order of Council, royal proclamation and commission to the Governor.
10. Tlie Governor. 11. Gentlemen attending the Governor. 12. Guard.
The procession went along the front line of the troops, (who paid the Governor the
proper military honours.) to the usual place where the proclamations are read. The
Attorney -General, in the presence of the Governor, principal magistrates, and numberless
spectators, read the order of Council and royal proclamation, (all persons being unci-vered),
which was followed by three loud huzzas. The colours with the arms of the island were
then struck, and the English colours hoisted in their room, and a discharge of three
voHies from the troops.
The procession afterwards went to the court room in the Castle, where the Chancery
Court is held, and the usual proclamation of silence being made, tho Governor's commis-
sion was then read b}' the Attorney-General, the several (»ths thereby appointed to be by
him taken were tendered and administered to him, and another volley was thereupon
discharged by the troops.
The Governor afterwards tendered and administered to the Attorney-General and the
two Deemsters, the oaths required bj' his Majesty's said royal proclamation to be by them
taken, and their several oaths of office ; and afterwards the several Deputys of the Duke
and Dutchess of Atholl did yield up, surrender, and deliver possession of the Island and
its dependencies to the Governor for the use of his most sacred Majesty, by delivering the
■word of state, public seal, and other regalia of the said Island unto the Governor, as full
NOTES ON THE CHRONICLE. § 28. 129
■eizen and lawful possession of the said Island, castle, pale, and lordship of Man, and
immediately after the delivery of possession to his Majesty, his Excellency John Wood,
Esquire, Governor in chief and Captain-General in and over the said Island, made the
following speech to the principal magistratfes, officers, and inhabitants of the Island
present upon this important occasion.
Gentlemen : From the proceedings of this day you see that I have now the honour of
his Majesty's commission appointing me his chief Governor of this Island, an honor that
is more valuable is it gives me the rule over a people, to whom, I am taught to flatter
myself, my conduct has been hitherto acceptable, and from whom mj' experience has
shown me I may expect the most ready and chearfuU obedience. Gentlemen, I need not
engage your time with recounting the many incidents that have brought about this
Revolution amongst you ; let it suffice to say that you are now become the immediate care
of a Prince as distinguished for his goodness as renowned for his power ; a Prince, who is
pleased to take j'ou into his royal protection, that you may participate with the rest of
his subjects the advantages of his love, and that he may communicate to j'ou the blessings
of his mild and paternal government. To this end I have his Majesty's instructions to
tell you, that every encouragement shall be given to the fair and open trader; he will hear
your complaints, he will listen to j'our grievances and relieve your wants ; ardently desirous
to promote your happiness in common with all his subjects. Permit me, gentlemen, to
exhort you no longer to look back on a trade, confined, hazardous, uncertain, as it has been,
but direct your views to the pleasing prospect before you — the substantial advantages that
flow from an honest and virtuous industr3-. You see, gentlemen, and j-ou already feel the
good eflPects of his Majesty's royal inclinations towards you. He has sent you troops, not to
oppress, but to protect you in j-our properties, and to circulate their money amongst you ;
and it is his Majesty's earnest desire that the most friendly intercourse may subsist and a
constant harmony be preserved between his soldiery and the inhabitants of this Isle.
Gentlemen, when you reflect seriously on the real benefits j'ou will derive from his
Majesty's constant attention to your welfare;— when j'ou see that all he does is calculated
for your interest and good, you will, I doubt not, by every dutiful and thankful return,
ftxpress your gratitude and testify your obedience. And give me leave, gentlemen, to
assure you that nothing shall be wanting on my part that may conduce to the great end
of making you a happy, a flourishing, and a prosperous people. And now, gentlemen, I
must address myself to you particularly that are in office under his Majesty, and signify
to you, that it is his royal will that j'ou demean yourselves in your several capacities, civil,
judicial, and military, in an uniform and steady exercise of your duties, with a constant
attention to the laws of Great Britain as they respect this Island and its dependencies;
and that you regard most especially the rights and prerogatives of the Crown, and pre-
serve the same in their due and legal extent ; ever watchful to protect the people and
aecure to them the peaceable enjoyment of all their just and lawful privileges.
The Governor having finished his speech, the procession returned in the same order to
the Governor's house, where the chief officers, principal magistrates, the commander of
the forces, and several other officers and gentlemen of distinction, were entertained at
dinner, and a hogshead of beer was given by the Governor to the troops to drink bis
Majesty's health. The evening was concluded with bonfires, illuminations, and other
dsmonstrations of joy.
0
130 NOTES ON THE CHRONICLE. — § 29.
The following is the Grovemor's official report of the proceedings just
referred to, made to Earl Sandwich, Secretary of State.
Castletown, July 17th, 1765.
My Lord.— Since the despatches which I had the honour to transmit to your Lordship
by Cleverly the messenger, the possession of the Island has been duly surrendered to the
Crown, and every requisite performed agreeably to his Majesty's royal Proclamation and
Instructions ; an exact detail of all forms and proceedings herein, which my instructions
command me to give, are now contained in this and another packet which accompanies it,
and I must assure your Lordship that the whole have been conducted with all decent and
becoming solemnity.
Tho' some murmuring might have been expected from this Revolution, yet I have the
pleasure to say, that not the least discontent, nor the most trifling disturbance has reached
my knowledge, and I shall hope that the people have given this early testimony of their
duty and attachment to his Majesty, to evince with what chearfulness they submit them-
selves to his royal protection.
Your Lordship will permit me to trouble you with an inconveniency that we are now
tinder, and that is, the want of some regular intercourse with England, which is now at
an end ; and without it, how shall the necessary correspondence be carried on with your
Lordship and the other great officers of the Crown, by myself and others, in their civil,
military, and revenue departments ?
I have the honour to be, with the greatest respect, my Lord, your Lordship's most
obedient and most humble servant,
Earl Sandwich. Joh» Wood.
My observations on the events recorded in the Chronicle properly
end here, but it may not be uninteresting to continue, as it were, the
Chronicle to the reign of her present Majesty. For convenience, the
numbering of the sections will be followed up from the last number in
the Chronicle.
§29.
Geoege III. (George William Frederick) commenced his reign as
King of Great Britain and Ii'eland and supreme Lord of Man on the
25th October, 1760, but his reign as immediate King or Lord of Man
commenced on the 17th May, 1765, the day on which payment was
made of the consideration money for the purchase of the sovereignty of
Charlotte, Duchess of Atholl, late Lady of Man, under the Revesting
Act. (iSee Notes on § 28.)
Owing to the indisposition of the king, Prince George Augustus
Frederick, Prince of Wales, was — ^by Act of Parliament passed on the
5th February, 1811, (51 Geo. III., cap. 1,) intituled " An Act to provide
for the administration of the Royal Authority, and for the care of His
Majesty's royal person during the continuance of His Majesty^ s illness, and
for the resumption of the exercise of the Royal Authority by His Majesty,"
— appointed " Regent of the United Kingdom of Great Britain and
NOTES ON THE CHRONICLE. — § 29. 131
Ireland," in which character he governed the Island in the name and
on behalf of His Majesty during the remainder of the king's reign. The
Act does not hy name include the Isle of Man.
In 1817 the following Act of Parliament (57 Geo. III., cap. 45)
making provision for the continuance in office of persons holding
employment under the Crown, on the decease of the King, was passed.
The Act would seem to apply only to the decease of George III., but
the Act is specially recited in the proclamations issued on the accessions
of King William IV. and of Queen Victoria. As to the question
whether offices become void in the Island on the demise of the Crown,
see Notes on § 25.
An Act for the continuation of all and every person or persons in any and every officei
place, or employment, civil or military, within the United Kingdom of Great Britain
and Ireland, dominion of Wales, town of Berwick-upon-Tweed, Isles of Jersey,
Guernsey, Alderney, Sark, and Man, and also in all and every of his Majesty's
foreign Possessions, Colonies or Plantations, which he or she shall hold, possess, or
exercise during the pleasure of the Crown, at the time of the death or demise of his
present Majesty, until removed or discharged therefrom by the succeeding King or
Queen of this realm. {27th June, 1817.)
Whereas it is expedient to provide by law as hereinafter is enacted ; be it therefore
enacted by the King's most excellent Majesty, by and with the advice and consent of the
Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and
by the authority of the same : That all and every person and persons
inff office on ^'^°' ^poii the day of the demise of his present Majesty (whom God
decease of the long preserve) shall hold any oflBce, civil or military, under the Crown
King to con- during pleasure, shall under and by virtue of this Act, and without any
' new or other patent, commission, warrant, or authority, continue, and
be entitled in all respects, notwithstanding the demise of bis Majesty, to hold and enjoy
, , , . the same; but nevertheless the same shall be held or enjoyed only during
but during , <^
pleasure of tbe pleasure of the King or Queen who shall succeed to the Crown upon
succeeding the demise of his present Majesty; and the right and title to hold and
overeiuns. enjoy the same under the authority of this Act shall be determinable in
such and the like manner by the King or Queen, who, upon the demise of his present
Majesty, shall succeed to the Crown, as the right or title to any oflBce, place, or employ-
ment granted by such succeeding King or Queen during pleasure would by Law be deter-
minable. Provided always that nothing in this Act contained shall
Act shall not ^^^^°<1 °r ^^ construed to extend to deprive the heirs and successors of
affect right of his Majesty, Kings or Queens of this realm, of the power of removing
his Majesty's gu^ discharging any person or persons from his, her, or their respective
remove persons o®'^^^" places, and employments, in such manner as by law they might have
from office. done, if this Act, or anything therein contained, had never been passed.
King George III. died on the 29th January, 1820, in the sixtieth year
of his reign as King of Great Britain, &c., and supreme Lord of Man,
but in the 55th year of his reign as immediate King or Lord of Man.
182 NOTES ON THE CHRONICLE. § 30.
§ 30.
Geoege IY. (George Augustus Frederick) succeeded his father
George III. as King of Great Britain, Ii-eland, Man, &c., on the 29th
Januaiy, 1820. On the 31st January, 1820, he issued tbe following
proclamation as to persons being in oflBce under the Crown. (See Notes
on § 25.) (Liber Scaccar. 1820.) It may be observed that the Act of
Queen Anne referred to in the proclamation lias no reference whatever
to the Isle of Man.
By the King,
A Proclamation requiring all persons being in office of authority or government at the
decease of the late King, to proceed in the execution of their respective offices.
Geoege R. — Whereas by an Act made in the sisth year of the reign of her late Majesty
Queen Anne, intituled. An Act for the security of her Majesty s -person and govern-
ment, and of the successors to the Crown of Great Britain, in the Protestant line:
it was enacted that no office, place, or employment, civil or military, within the king-
doms of Great Britain or Ireland, dominion of Wales, town of Berwick-upon-Tweed,
Isles of Jersey, Guernsey, Aldemey, and Sark, or any of his Majesty's Plantations,
should become void by reason of the demise of her said late Majesty, her heirs or succes-
sors, Kings or Queens of this realm, but that every person and persons in any of the
offices, places, and employments aforesaid, should continue in their respective offices,
places, and employments for the space of six months next after such death or demise,
unless sooner removed and discharged bj' the next successor, to whom the Imperial
Crown of this realm was limited and appointed to go, remain and descend ; And whereas
by an Act made in the fifty-seventh year of the reign of his late Majesty King George
the Third, intituled An Act for the continuation of all and every person or persons in
any and every office, place, or employment, civil or military, within the United King-
dom of Chreat Britain and Ireland, Dominion of Wales, Town of Berwick-upon-
Tweed, Isles of Jersey, Guernsey, Aldemey, Sark, and Man, and also in all and every
of his Majesty's Foreign Possessions, Colonies, or Plantations, which he or she shall
hold, possess, or exercise during the pleasure of the Crown, at the time of the death or
demise of his present Majesty, until removed or discharged therefrom by the succeeding
King or Queen of this realm; it was enacted, that all and every person and persons,
who, upon the day of the demise of his said late Majesty, should hold any office, civil or
military, under the Crown during pleasure, should under and by virtue of the said Act,
and without any new or other patent, commission, warrant, or authority, continue and
be entitled in all respects, notwithstanding the demise of his said Majesty, to hold and
enjoy the same ; But nevertheless the same should be held or enjoyed only during the
pleasure of the King or Queeii who should succeed to the Crown upon the demise of his
said late Majesty; and the right and title to hold and enjoy the same under the
authority of the said Act, should be determinable in such and the like manner, b}' the
King or Queen who, upon the demise of his said late Majesty, should succeed to the
Crown, as the right or title to any office, place, or employment, granted by such succeed-
ing King or Queen during pleasure, would by law be determinable. We, therefore, with
tha »dvic8 of our Privy Council, dcchrs our roj al will and pleasure to be, and do herebj
KOTES 0:< THE CHEONICLE. — § 30. 133
direct and command : That all and every person and persons who, at the time of the
demise of our late ro^'al Father, of glorious memory, duly and lawfully held, or were duly
and lawfully possessed of, or invested in any office, place, or employment, civil or
military, within our United Kingdom of Great Britain and Ireland, Dominion of Wales,
Town of Berwick-upon-Tweed, Isles of Jersey, Guernsey, Alderney, Sark, and Man, or
any of our Foreign Possessions, Colonies, or Plantations, do severally, according to their
places, offices, or charges, proceed in the performance and execution of all duties belong-
ing to their rer-pective offices, whilst they shall hold the same respectively during our
pleasure ; And we do hereby require and command all our subjects to be aiding, helping,
and assisting at the commandment of the said officers and ministers, in the performance
and execution of their respective offices and places, as they and every of them tender oar
utmost displeasure, and will answer the contrary at their peril.
Given at our Court at Carlton House, the thirty-first day of January, One thousand
eight hundred and twenty, and in tlie first year of our reign.
God save the King.
The King was proclaimed in the Island at Castletown, on the 18th
February, 1820. The following is the Proclamation made on the
occasion, and signed by Colonel Cornelius Smelt, the Lieutenant-
Govei'nor, the Council, Keys, Members of the Household, High-Bailiffs,
Clergy, Captains of Parishes, and other Officers, civil and military, and
by a large number of inhabitants. (Liber Scaccar. 1820.^
Proclamation.
Isle of Man to wit. — Whereas it has pleased Almighty God to call to his mercy our
late Sovereign Lord King George the Third of blessed memory, by whose decease the
Imperial Crown of the United Kingdom of Great Britain and Ireland, and also the
supreme dominion and sovereign right of this Isle, and all other his late Majesty's
dominions are solely and rightfully come to the high ard mighty Piince George, Prince
of Wales, We, therefore, the Lieutenant-Governor, and Officers, civil and military, and
other inhabitants of the said Isle, do now hereby with one full voice and consent of
tongue and heart, publish and proclaim that the high and mighty Prince George, Prince
of Wales, is now by the death of our late Sovereign of happy memory, become our only
lawful and rightful liege Lord George the Fourth, by the grace of God, King of the
United Kingdom of Great Britain and Ireland, Defender of the Faith, supreme Lord of
this Isle, and all other his late Majesty's territories and dominions : To whom we do
acknowledge all faith and constant obedience with all hearty and humble affection,
beseeching God, by whom Kings and Queens do reign, to bless the royal King George the
Fourth with long and happy years to reign over us.
Given at Castle Bushen, this eighteenth day of February, 1820.
God save the King.
C. SuELT, Lieat.-Governor, &c., &e.
King George IV. died on the 26th June, 1830, in the eleventh year of
bis reign.
134 NOTES ON THE CHRONICLE. § 31.
§ 31.
William IV. (William Henrj) succeeded his brother George IV. as
King of Great Britain, Ireland, Man, &c., on the 26th June, 1830. On
the 2Sth June, 1830, he issued a Proclamation requiring persons in
oflfice of authority or government to proceed in the execution of their
respective offices, — the Proclamation being similar to that issued on the
accession of George IV. (See § 30.)
The King was proclaimed on the Tynwald Hill at St. John's Chapel,
on the 5th July, 1830. This is the first known occasion of the proclamation
of a Sovereign at this place. It was probably considered that the locality
from which the people are to take knowledge of any new laws, and at
which Barons are publicly to do their homage to the Sovereign when in
the Island, is the proper place for the Island at large to recognise the
new King. Public notice is given of Tynwald Courts held at the Tyn-
wald Hill, and all the inhabitants are presumed to be present. The
following is the Proclamation, which was signed by Lieut.-Govemor
Smelt, the Council, Keys, Clergy, Captains of Parishes, other Officers,
civil and military, and other inhabitants. (Liber Scaccar, 1830.^ It
will be observed that on this occasion there is no allusion to the King
being Sovereign or supreme Lord of Man. Why the omission was
made is not apparent.
Isle of Man to wit. — Whereas it has pleased Alroightj God to call to his mercy our
late Sovereign Lord King George the Fourth, of blessed and glorious memory, by whose
demise the Imperial Crown of the United Kingdom of Great Biitain and Ireland, end all
other his late Majesty's territories and dominions, are solely and rightfully come to the
high and mighty Prince William Henry, Duke of Clarence and Saint Andrews, and Earl
of Munster : We, therefore, the Lieutenant-Governor, Council, and Keys, being here
assembled, with other Officers, civil and militari', end the principal inhabitants of the
said Isle, do now hereby with one voice and consent of tongue and heart publish and
proclaim that the high and mighty Prince William Henry, Duke of Clarence and Saint
Andrews, and Earl of Munster, is now by the death of onr late Sovereign of happy
memory, become our only lawful and rightful liege Lord William the Fourth, by the
grace of God King of the United Kingdom of Great Britain and Ireland, Defender of the
Faith ; To whom we do acknowledge all faith and constant obedience, with all hearty and
humble affection, beseeching God, by whom Kings and Queens do reign, to bless the royal
Prince William the Fourth with long and happy years to reign over us.
Given at the Tynwald Court holden at Saint John's Chapel, the fifth day of July, One
thousand eight hundred and thirty, and in the first year of his Majesty's reign.
God save the King.
CoKNELius Smelt, Lieutenant-Governor, &c., &c.
King William IV. died on the 20th June, 1837, in the seventh year of
his reign.
NOTES OIJ THE CHRONICLE. § 32. 135
§32.
ViCTOEiA (Alexandrina Victoria) succeeded her uncle William IV.
as Queen of Great Britain, Ireland, Man, &c., on the 20th June, 1837,
On the 21st June, 1837, she issued a Proclamation for persons in office
to proceed with the execution of their offices, similar to that issued on
the accession of George IV. {See § 30.)
The Queen was proclaimed on the Tynwald Hill, on the 5th July,
1837. The following is the Proclamation made, and signed hy Colonel
(afterwards Major-General) John Ready, Lieutenant-Governor, the
Council, Keys, Clergy, Advocates, and others. It will be observed that
this Proclamation contains no allusion to the Queen's Sovereignty of
Man. (Liber Scaccar. 1837.^
Isle of Man to wit. — Whereas it has pleased Almighty God to call to Lis mercy our
late Sovereign Lord King William the Fourth, of blessed and glorious memory, by whose
demise the Imperial Crown of the United Kingdom of Great Britain .and Ireland, and
other his late Majesty's territories and dominions, are solely and rightfully come to the
high and mighty Princess Alexandrina Victoria, saving the rights of any issue of his late
Majesty King William the Fourth, which may be born of his late Majesty's Consort :
We, therefore, the Lieutenant-Governor, Council, and Keys, being here assisted with
other Officers, civil and military, and the principal inhabitants of the said Isle, do now
hereby with one voice and consent of tongue and heart, publish and proclaim that the
high and mighty Princess Alexandrina is now by the death of our late Sovereign, of happy
memory, become our only lawful and rightful liege Lady Victoria, by the grace of God
Queen of the United Kingdom of Great Britain and Ireland, Defender of the Faith,
saving as aforesaid : To whom, saving as aforesaid, we do acknowledge all faith and con-
stant obedience, with all hearty and humble affection, beseeching God, by whom Kings
and Queens do reign, to bless the royal Princess Victoria with long and happy years to
reign over us.
Given at the Tynwald Court at St. John's Chapel, the fifth day of July, One thousand
eight hundred and thirty-seven, and in the first year of her Majesty's reign.
God save the Queen.
J. BB1.DT, <bc., &C.
The following Table of the Kings and Lords of Man, from the time
when the Ci'own of England had the acknowledged supreme Sovereignty
of the Island, may be useful. The commencement of the reign of
"WiUiam de Montacute II. is stated to be the date of the Grant to him
by Edward III., but he may have reigned previously, such grant being
but a confii-mation of his right derived from the ancient kings. Proba-
bly variances may be found between the Insular records and the
Table as to the times of the commencement of new reigns, but such
136
NOTES ON THE CHRONICLE. § 32.
variances arise from the delays in the conveyance of official intelli-
gence to the Island on the occasion of the accession of new Lords.
(See notes on § 25.) The dates given are those of the commencement
and end of the actual (not de jure) reigns.
CHRONOLOGICAL TABLE OF MANX KINGS OR LORDS.
Name.
Date of
Accession.
Ceased to reign.
Cause.
Win. de Montacute II., 1st
Eail of Salisbury
10 Aug. 1383
Cir. 1388
Death.
Wm. Montacute or Mon-
tague III.. 2nd Earl of
Salisbury, his son
Cir. 1388
Cir. 1394
Sale to Sir Wm. Scroop.
Sir Wm Scroop, Earl of
Wiltshire
Cir. 1394
Cir. 1399
Death and seiznre of
Island by Henry IV.
Henry de Percy, Earl of
Northumberland
19 Oct. 1399
1405
Seizure of Island by
Henry IV.
HOUSE OP STANLEY.
1 Sir John Stanley I.
(Grant for life)
(Absolute grant)
2 Sir J. Stanley 11., his sou
3 Sir Thomas Stanley I., his
son, 1st Baron Stanley
4 Thomas II., his son, 2nd
Baron Stanley and 1st
Earl of Dirby
6 Thomas III., his grandson
2nd Earl of Derby ...
6 Edwfird, his son, 3rd Earl
of Derby
7 Henry, liis son, 4th Earl
of Derb}%
8 Ferdinando, his son, 5th
Earl of Derby
1405
6 Ajril, 1406
6J>4U. 1414
Cir. 1432
1460
1504
24 May, 1521
24 Oct. 1572
21 Sept. 1594
6 Jan. 1414
Cir. 1432
1460
1504
24 Maj', 1521
24 Oct. 1572
21 Sept. 1594
May, 1595
Death.
Death.
Death.
Death,
Death.
Death.
Death.
Death. (Interregnnm
owmg to dispute as to
succession, to 1 Aug.
1595, when the Queen
took possession.)
CROWN OF ENGLAND AND TEMPOEAET LOEDS.
Queen Elizabeth
King James I
Henry Earl of Northamp-
ton and Robert Earl of
Salisbury
King James I
Robert Earl of Salisbury
and Thomas Earl of
Suffolk
1 Aug. 159-5
24 Mar. 1603
24 Mar. 1603
14 Aug. 1607
14 Aug. 1607 I 18 June, 1609
18 June, 1609 ' 28 June, 1609
28 June, 1609 Cir. 1611
Death.
Grant to Earls of North-
ampton and Salisbury
Surrender to the King.
Grant for a term of j-ears
to Earls of Salisbury
and Suffolk.
Surrender to Earl and
Coanteti of Derby.
NOTES ON THE CHRONICLE. — § 32.
137
HOUSE OF STANLEY EESUMED.
Name.
Date of
Accession.
Ceased toBeign.
Cause.
9 William I., brother of 8th
Lord, 6th Earl of
•
Derby, and Elizabeth,
Countess of Derby, his
wife
Cir. 1611
1627
Death of Countess Eliz-
abeth, and supposed
abdication of Earl
William in favour of
his son.
10 James I., son of 9th Lord
Baron Strange, and af-
terwards 7th Earl of
Derby
1627
15 Oct. 1651
Beheaded at Bolton.
THE USURPATION.
The Commonwealth
England
of
Thomas, Lord Fairfax ...
October, 1651
23 Feb. 1652
23 Feb. 1652
28 May,1660
Eight of Lord Fairfax
under Act of usurped
Parliament acknow-
ledged.
Restoration of House of
Stanley.
HOUSE OF STANLEY EESTOEED.
11 Charles, son of 10th Lord,
8th Earl of Derby ...
12 William IL, his son, 9th
Earl of Derby
13 James II, his brother, 10th
Earl of Derby
28 May, 1660
21 Dec. 1672
Nov. 1702
21 Dec. 1672
Nov. 1702
1 Feb. 1736
Death.
Death.
Death.
HOUSE OP MUEEAY.
1 James, 1st cousin once re-
moved of late Lord,
2nd Duke of Atholl ...
2 Charlotte, his daughter.
Baroness Strange, wife
of John 3rd Duke of
Atholl
1 Feb. 1736
8 Jan. 1764
8 Jan. 1764.
17 May, 1765
Death.
Revestment in Crown of
England.
George III.
George IV.
William IV.
Victoria ...
CEOWN OF ENOLAND.
17 May, 1765
29 Jan. 1820
26 June, 1830
20 June, 1837
29 Jan. 1820 I Death;
26 June, 1830 Death.
20 June, 1837 | Death.
Whom God long preserve.
APPENDICES.
APPENDICES TO THE NOTES ON THE
CHEONICLE.
APPENDIX No. 1.
Being a brief Accownt of the connection of the House of Murray with the
Island after the Bevestment in 1765.
After the sale to the Ci'own by John 3rd Duke of Atholl, and his wife
Charlotte, Duchess of Atholl and Baroness Strange, of the Sovereign
rights in the Isle, in 1765, fsee Notes on § 27.^ the title of " Lord" or
" Lady of Man and the Isles" was retained in respect of the extensive
privileges and manorial rights reserved by the Revesting Act. {See
Notes on § 28.)
John, 3rd Duke of Atholl, died on the 5th November, 1774, (as stated
in the Chronicle,) leaving the Duchess Charlotte surviving, and on the
12th November in the same year she, by deed, relinquished to her son
John, 4th Duke of Atholl, all her rights in the Island, and gave him
immediate possession thereof. {Preamble to Act 45 Geo. III. c. 123.)
The Duchess Charlotte died in 1805. {Bu/rJce's Peerage, 43.)
Shortly after John, the 4th Duke, obtained possession of the reserved
rights in the Island, he sought, by challenging the sale made by his
fether and mother, as being made by parties incompetent to treat for the
142 APPENDIX NO. I.
sale or to seD, and by showing the inadequacy of the consideration
money, to obtain farther compensation from the English Parliament
for the loss to his family of the rights, and the restoration of some of
the rights, conveyed to the Crown.
In 1791, King George III. appointed John Sprainger, WiUiam Grant,
William Osgoode, William Roe, and David Reid, Esquires, Commis-
sioners, to inquire into various points connected with the Island, includ-
ing the allegations of the Duke of Atholl as to his claims. On the 2l8t
April, 1792, the Commissioners made their report, which was piinted
by order of Parliament in 1805.
As to the inadequacy of the price paid in 1765 by the English
Government, the Duke grounded his claim for fui*ther compensation on
the great increase of the revenue of Customs since the Revestment.
The English Parliament, by the Mischief Act of 1765, (5 Geo. m.
c. 39,) had, on the plea of necessity for the protection of the Eng-
lish revenue, assumed the control of the Insular Customs' establish-
ment and of the trade of the Island, and owing to the exercise
of that control the amount of revenue leviable under the Insular
laws decreased considerably. {Schedule to Revesting Act, 5 Geo.
m. c. 26. Report of Com/missioners, 1792, Appendix B. No. 9.) It
then became necessary to make further provision for the expenses of
the Government of the Island, and the Parliament, by Act 7 Geo. m.
c. 45, (1767,) for the first time assumed the power to impose taxes on
the people of the Island, by enacting new Customs' duties, repealing at
the same time the duties existing under local authority. In the previous
year, by Act 6 Geo. III. c. 12, the Parliament had asserted their right to
tax the American Colonies against their consent, and such assertion
coupled with the attempt to enforce payment of taxes levied by authority
of the Pai'liament, caused the loss of such colonies to the English crown.
No greater, and probably a lesser, right existed in the Parliament to
tax the people of the Isle of Man. The object of the Act of 1767 is
apparent firom the preamble and first section of it.
Most gracious Sovereis:n :— Whereas the property of the Isle of Man being now vested
in your Majesty, your heirs and successors, in pursuance of an Act made in the fifth year
of your Majesty's reign, intituled "An Act for carrying into execution a Contract made
pursuant to the Act of Parliament of the twelfth of his late Majesty King George
the First, between the Commissioners of his Majesty's Treasury and the Duke and
Duchess of Atholl, the proprietors of the Isle of Man, and their trustees, for the
purchase of the said Island and its dependencies, under certain exceptions therein
particularly mentioned; it is eicpedient that provision be made for encouraging,
improving, and regulating the trade and manufactures of the said Island, and the fisheries
APPENDIX NO. I. 143
on the coasts thereof : And whereas it is necessary that a Revenue should be raised in the
said Isle of Man to answer these purposes, and to defray the expenses of Government
there : We, your Majesty's most dutiful and loyal subjects, the Commons of Great
Britain assembled in Parliament, being desirous to make some provision for the purposes
aforesaid, do most humbly beseech your Majesty, that it may be enacted, and be it en-
acted by the King's most excellent Majesty, by and with the advice and consent of the
Lords spiritual and temporal, and Commons, in this present Parliament assembled, and
by the authority of the same. That from and after the fifth day of July, One thousand
seven hundred and sixty-seven, the duties payable to his Majesty in the said Isle of Man
on all goods imported there, or exported from thence, shall cease, determine, and be no
longer paid ; and that in lieu thereof there shall be raised, levied, collected, and paid unto
his Majesty, his heirs and successors, the following duties for and upon the goods and
merchandizes hereinafter mentioned, which shall be brought or imported into the said
Isle of Man; &c.
By the second section a separate account of the surplus duties is
directed to be kept : —
And (except the necessary charges of raising, collecting, levying, recovering, answering,
paying, and accounting for the same,) the said rates and duties shall from time to time
be brought and paid into the receipt of his Majesty's Exchequer, distinctly and apart
from all other branches of the publick revenue; and such part thereof as shall remain,
after the necessary expenses attending the Government of the said Isle of Man, and the
administration of justice there, are from time to time defrayed, shall be reserved for the
disposition of Parliament.
It may be observed that the duties are granted by the Commons of
Great Britain, but the Commons of Great Britain did not represent the
people of the Isle of Man, and they had no right, whether inherent or
by virtue of the sale by the Duke and Duchess of Atholl in 1765, to
grant duties to be paid by any, except those whom they reaUy re-
presented.
[It may be here'remarked with reference to the power or authority of
Parliament to levy Customs' duties on the people of the Island, that
although the Parliament has since 1767 continued the exercise of the
power, yet it has not been for a long pei-iod exercised without the
concurrence of the Insular Legislature. The course pursued is most
probably the best that can be adopted under the circumstances. The
Imperial Legislature wiU not, and cannot be expected to surrender the
power of protecting their own revenue, by the imposition of duties of an
amount sufficient to prevent smuggling from the Island ; but, at the
same time, in ascertaining such amount, they, through the Government,
consult with the Insular Legislature, without whose consent no changes
are made. Were the poorer of leyying Customs' duties exercised solely
144 APPENDIX NO. I.
by the Insular Legislature, Insular, to the exclusion of Imperial,
interests might prevail, and then might foUow a repetition of the
disputes which existed before the Revestment. As it is, the taxes are
levied virtually, if not actually by the Insular Legislature, who thus
have a voice, not only in the amount to -be levied, but also as to the
application of any additional sui-plus arising from changes in the duties.
So long as the present course be followed, it is the wisdom of the Manx
people to lay aside the question of abstract right, and concur in an
arrangement which is a practical acknowledgment of their privileges,
and which is especially suited for the prevention of contests between
the Imperial and Insular Governments, and of jealousy on the part of
the people of England.]
By the operation of the Act of 1767, and of subsequent Acts, the
revenue of Customs having greatly increased, the Duke sought amongst
other things to obtain a certain proportion of such revenue, on the
ground that the revenue before 1765 had been the property of his ances-
tors. The Duke's claim was resisted by the House of Keys and the
inhabitants, who considered that the Island, and not the Duke, ought to
have the benefit of the surplus revenue of Customs. It was admitted
that prior to 1765, the Lords of the Island had the whole revenue after
paying all expenses of the Government, civil and military, but such
revenue was derived from duties levied by the authority of the Insular
Legislature, without whose authority the Lords could not legally levy
one farthing. Bat it did not follow, that the Insular Legislature would
have consented to any increase of the revenue, for the personal benefit
of the Lords, and the Legislature had the undoubted right to direct the
application of the revenue raised by their authority. Subsequently to
1765 the revenue greatly increased, not in respect, of the duties levi-
able under the Insular law, but in respect of new and increased duties
levied under the Acts of Parliament before refeiTed to, and such duties
were not levied by the Parliament, or by the King of England, (who was
a party to the Acts.) by virtue of any right or authority purchased from,
the Duke and Duchess of Atholl and their trustees in 1765, but the
levying was simply an act of power on the part of the Parliament, a
power which it was useless to resist, but a power which could as
legally and validly have been put in force before 1765 as afterwards.
The vendors in 1765 could not convey a power which they did not
themselves possess. They had not the right to levy taxes without
the consent of the Insular Legislature, and therefore neither the
King and the Parliament as vendees, took any gi-eater right than the
APPENDIX NO. I. 145
vendors conveyed, and they did not acquire by virtue of the purchase
any right to levy taxes without the consent of the Legislative body in
the Island.
In 1801 the Duke presented a petition to the King in Council, seeking
that his Majesty's consent might be signified to an application to Par-
liament, for the restoration of such rights as were reported by the
Commissioners of 1791 to be unnecessarily vested in the Crown for the
prevention of illicit practices, and for granting out of the improved
revenue of the Island an adequate compensation, &c. This petition was
on the 4th June, 1801, referred to a Committee of the Privy Council to
consider the same and report their opinion thereon.
A counter petition was presented by the House of Keys to his Majesty
in CouncU, and this petition was also referred to a Committee of
the Council on the 24th March, 1802.
The Committee, by orders of the 25th January, 1802, and the 3rd
Apiil, 1802, referred to the Attorney and Solicitor-General to report
Buch evidence laid before the Hou^ of Commons, and before the Trea-
sury, at the time of passing or preparatory to the introduction of
the Revesting Act, as should appear to them to relate to the
question, " Whether the consideration given to the family of his
Grace the Duke of Atholl for the interests of which the said family were
divested by the said Act, was a fan* compensation for the said interests,
together with such other evidence as they might procure relative to the
foregoing question ; and also to report their opinion on the whole of
such evidence."
The Attorney and Solicitor-General made their report on the 10th
November, 1802, adversely to the claim of the Duke for further com-
pensation, and on the 31st March, 1804, the Committee of Council
made their report : " That there do not appear sufficient grounds to
consider the compensation made to his Grace the late Duke of Atholl,
for the interests of which his Grace and his family were divested by the
said Act, passed in the fifth year of your Majesty's reign, to have been
inadequate : and their Lordships, therefore, cannot advise your Majesty
to signify your royal consent to such an application to Parliament as is
suggested in the prayer of his Grace's said petition to your Majesty in
CouncU."
Before such report could be confirmed, the Duke presented a supple-
mental petition to his Majesty in Council praying that the royal sanction
might be given to a clause or clauses being introduced into the Revenue
BiU of the Island, for giving or granting to the petitioner and to his
Q
146 APPENDIX NO. I.
heirs, entitled under the Parliamentary charter of the seventh of James
the First, such proportion of the revenues of the Isle of Man, by rent
charge or otherwise, as to his Majesty's wisdom and justice might
appear reasonable and fitting. This petition was on the 27th June,
1804, referred to a Committee of the Council to consider and report
their opinion thereon.
The Committee, on the 21st July, 1804, reported "that it appears to be
reasonable that some participation out of such increased revenue should
be allowed to his Grace the Duke of AthoU and his heirs ; and the
Lords of the Committee do thereupon agree, humbly to submit to your
Majesty that your royal consent may be signified to a petition to be
presented to Parliament in the next session, for introducing a Bill for
granting to the Duke of Atholl, and his heirs, entitled under the Par-
liamentary charter of the seventh of James the First, such proportion of
the increased revenues of the Isle of Man, by rent charge or otherwise,
as to the wisdom and justice of Parliament may appear reasonable and
fitting." This report was approved* by his Majesty in Council on the
18th August, 1804. {Hotise of Commons paper, Sess. 1805, No. 79.)
The Duke thereafter, on the 26th March, 1805, presented a petition
to the House of Commons, praying that provision might be made in a
BUI for the improvement of the revenues of the Island, then before the
House, for giving him relief in respect of the inadequate compensation
paid for the cession of the Sovereign rights in 1765. The petition was
refeiTed to a committee.
Counter petitions were presented by the House of Keys, and by and
on behalf of the inhabitants and proprietors of estates within the Island.
In June, 1805, the Committee of the House made their report con-
taining the following resolutions : — 1st. " That the Committee having
considered the documents and evidence which have been laid before
them, are of opinion that the petitioner has fuUy estabHshed the allega-
tions of his petition." 2nd. " That it is the opinion of this Committee
that it would be proper to recommend to the House, that Parliament
should grant such further compensation as shall seem adequate, for the
benefit of the petitioner and the other heirs general of the seventh Earl
of Derby, according to the provisions of the seventh of James I., and
that such compensation should be charged on the revenue of the Island."
{Speech of J. C. Curwen, Esq., in House of Commons, on 7th June, 1805,
&c.)
The adoption of this report was opposed, and the opposition was
ultimately successful, for although compensation was given to the Duke,
APPENDIX NO. I. 147
it was made chargeable on the Consolidated Fund, and not on the
Insular revenues. The following Act of Parliament (45 George III.
c. 113) was passed granting an annuity by way of farther compensation.
An Act for settling and securing a certain Annuity on John, now Duke of Atholl, and
the heirs general of the seventh Earl of Derby. [12th July, 1805.]
Most gracious Sovereign : — Whereas the Isle of Man was granted in Sovereignty by
7 James I. King Henry the Fourth to Sir John Stanley, and was by an Act passed
c. 4. pr. in the seventh year of the reign of his Majesty King James the First,
confirmed and assured to the right heirs of James, Lord Stanley, the seventh Earl of
Derby, the ancestors of the most noble John, now Duke of Atholl : And whereas the said
ancestors of the said John, now Duke of Atholl, continued Lords of the said Island, with
sovereign rights, until the fifth year of the reign of his present Majesty : And whereas
12 Geo. I. c. 28, ^^ Act passed in the twelfth year of the reign of his Majesty King
s. 25, 26. George the First, intituled. An Act for the improvement of his Majesty s
Mevenues of Customs, Excise, and Inland Duties; in which Act provisions were con-
tained for purchasing the sovereign rights and privileges of the Lords of the said Island,
and for paying the compensation to be given for the same out of the duties of Customs of
5 Geo. III. England : And whereas an Act passed in the said fifth year of the reign
c 26. of his present Majesty, intituled An Act for carrying into execution
a Contract made pursuant to the Act of Parliament of the twelfth of his late Majesty
King George the First, between the Commissioners of his Majesty's Treasury and the
Duke and Duchess o/" Atholl, the proprietors of thelsle of Man, and their trustees, for
the purchase of the said Island and its dependencies, under certain exemptions therein
particularly mentioned: And whereas under all the circumstances of the resignation of
the rights, royalties, and privileges, when vested in the family of the said John, now Duke
of Atholl, and by the said Act revested in his Majesty, his heirs and successors, it appears
to be just and reasonable that a further compensation should be given : And whereas by
Deed of virtue of a deed of restriction, bearing date the twelfth day of November,
Eestriction, One thousand seven hundred and seventy-four, duly executed by the most
12 Nov. 1774. jjQ^jg Charlotte, Dachess of Atholl, the said John, Duke of Atholl,
became entitled to the immediate possession of the rights reserved to his family in the
Isle of Man, and hath ever since continued to enjoy the same : And whereas the revenues
arising from the duties of Customs of the said Island, before the passing of the said Act
of the fifth year aforesaid, belonged to the ancestors of the said John, Duke of Atholl,
and it is therefore just and proper that the annual amount of the further compensation to
bs given, should be regulated from time to time by the produce of the revenues of the said
Island : We, your Majesty's most dutiful and loyal subjects, the Commons of Great Britain
in Parliament assembled, do therefore most humbly beseech your Majesty that it may be
enacted, and be it enacted by the King's most excellent Majesty, by and with the advice
and consent of the Lords Spiritual and Temporal, and Commons, in this present Parlia-
An Annuity ^6"* assembled, and by the authority of the same. That one Annuity or
equal to one- yearly rent or sum of lawful monej' of Great Britain, equal to one-fourth
fourth of pjjj^ Qf ^jjg gross annual revenue arising from the duties of Customs now
Customs payable and arising within the said Island, on the importation and
148 APPENDIX NO. I.
arising in Isle exportation of goods, wares, and merchandize, into and from the said
or Man. to be jgianj ghall be issuing and payable out of and charged and chargeable
paid out of
Consolidated npon the Consolidated Fund of Great Britain, (after paying or reserving
Fund to Duke sufficient to pay all such sum and sums of money as have been directed
th h ■* ^^ ^^ ^°^ former Act or Acts of Parliament to be paid out of the same, bu'
general of the ^i^^ preference to all other payments which shall or may hereafter be
seventh Earl charged upon or payable out of the said fund) ; and the same shall from
^* time to time be paid quarterly, free and clear of all taxes and deductions
whatever, in manner and form following ; that is to say, to the said John, Duke of
AthoU, and the heirs general of the seventh Earl of Derby ; which said Annuity or yearly
rent or sum shall commence and take effect from the fifth day of January, One thousand
eight hundred and five, the first payment to be computed from the said fifth day of
January, and from thenceforth shall be paid and payable at the four usual days of pay-
ment in the year; that is to say, the fifth day of April, the fifth day of July, the tenth
day of October, and the fifth day of January, in each and every year.
Provision in II. — Provided always, and be it further enacted, That if at any time
case of new hereafter anj' new or further or additional duties of Customs shall be
,' granted on the importation or exportation of goods, wares, and merchan-
alteration of ^^^^< i"t;o and out of the said Island, the Annuity granted by this Act
present duties, shall not be calculated on the produce of any such new or further or addi-
tional duties ; and if any of the duties of Customs, now payable and arising within the
said Island, shall at any time hereafter be repealed or altered or varied, or if at any time
hereafter any new duties shall be granted in lieu of any duties of Customs that may be re-
pealed, then and in every such case the annuity or yearly rent or sum to be paid to the said
John, Duke of Atholl, and the said heirs general of the seventh Earl of Derbj', shall be
calculated on the average produce of the amount of the duties of Customs so repealed,
altered, or varied, as the same shall have stood at the rates now payable, for the three
years ending the fifth day of January next preceding the repeal, alteration, or varying
thereof as aforesaid."
(The additional provisions in the Act relate merely to the place and mode of payment, &c.)
As tlie surplus Customs' revenue of the Island was paid into the
Consolidated Fund, it might probably be urged that the result of the
opposition in the Island to the claim of the Duke for further compensa-
tion, was one of doubtful success, — a charge on the Fund being in reality
a charge on the Insulai* revenue. This, however, was not so ; and it
could not have been so considered at the time. Parliament had made
no claim to apply the Customs' revenue of the Island otherwise than
for purposes connected with the government and benefit of the Island
itself. The words of the Act of 1767, (7 Geo. III. c. 45,) are express on
this point J — "It is expedient that provision be made for encouraging,
improving, and regulating the trade and manufactures of the Island,
and the fisheries on the coasts thereof: and whereas it is necessary that
a revenue should be raised to answer these purposes, and to defray the
APPENDIX NO. I. 149
expenses of Government there," &c. It liad not even been contemplated
by Parliament to make the purchase money paid to the Duke and
Duchess of Atholl, in 1765, a charge on the Insular revenues. By the
Act of 1725, (12 Geo. I. c. 28 — see Notes on § 24,) such purchase money
was to be paid out of the Customs' duties of Great Britain, Wales, or
Berwick-upon-Tweed; and by the Act of 1767 the surplus Insular
Customs' duties were to be " kept distinctly, and apart from all other
branches of the public revenue," and " reserved for the disposition of
Parliament." Any compensation or consideration paid for the purchase
or surrender of the rights of the Atholl family in the Island, was paid for
the benefit of the people of England, and when the English people had
secured the advantages which they sought, they could not injustice call
upon the Manx people to pay them the outlay expended for such advan-
tages. The Manx people considered their right to the surplus Customs'
revenue of the Island to be unquestionable, and not only has Parliament
never asserted a right to the surplus, but the course of English legisla-
tion on the subject of the duties of Customs is a virtual acknowledgment
of the right of the Island to such surplus. The mode in which the
annuity for the Duke was secured, made the Consolidated Fund, irre-
spective of the Manx revenues, chargeable with it, and it left the Insular
revenue — set apart by Parliament — free to be applied for Insular
purposes.
(A note as to the present position of the Island with respect to the
surplus revenue will be added at the end of the Appendices.)
In 1825, it was considered by the Government advisable to purchase
the remaining rights of the Duke of Atholl, including the Annuity
secured by the foregoing Act of 1805, and accordingly the following
Act of Parliament (6 Geo. IV. cap. 34) was passed.
An Act to empower tbe Commissioners of His Majesty's Treasury to purchase a certain
Annuity in respect of Duties of Customs levied in the Isle of Man, and any reserved
Sovereign Eights in the said Island, belonging to John, Duke of Atholl. [10th June,
1825.]
Whereas it is expedient to make better provision for the collection, management, and
future regulation of the revenues arising in the Isle of Man, so as to assimilate them as
much as possible to those of the United Kingdom : And whereas it would be greatly
conducive to that object, if certain rights, titles, and interests reserved to John, Duke of
Atholl, and the heirs-general of the seventh Earl of Derby, by an Act passed in the fifth
year of the reign of his late Majesty King George the Third, and also the proportion of
the revenues or annuity in lieu thereof made payable to the same, by an Act passed in
the forty-fifth year of the reign of his said late Majesty, wherein it is recited, that as the
revenues arising from the duties of Customs of the said Island, before the passing of the
150 APPENDIX NO. I.
said Act of the fifth year aforesaid, belonged to the ancestors of the said John, Dale of
Atholl, it is just and proper that the annual amount of the further compensation to be
given should be regulated from time to time by the produce of the revenues of the said
Island, were redeemed, for the use of the public, by the purchase thereof at a fair
valuation. Be it therefore enacted bj- the King's most excellent Majesty, by and with the
advice and consent of the Lords spiritual and temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, That it shall be lawful for the
_, Lord High Treasurer or the Commissioners of his Majesty's Treasury of
Treasury may " , .
purchase An- *^^ United Kingdom of Great Britain and Ireland for the time being, or
nnity granted any three of them, on the behalf of his Majestj', his heirs and succes-
to Duke of gQj^^ ^^^ fgj, jjjg g^j^ John, Duke of Atholl, and for the heir-general for
Atholl and his -r- . r
8overei<m the time being of James, the seventh Jiarl of Derb}% to treat, contract,
rights in Isle and agree for the absolute purchase or sale, or release or surrender of all
0 Man. pj, ^jjy estate, right, title, or interest, which he the said John, Duke of
Atholl, or the heir-general of the seventh Earl of Derby, now hath or claims, or can or
may have or claim, of, in, or to the said annuitj-, or any such reserved sovereign rights as
aforesaid, as the said Commissioners of the Treasury may deem it expedient for the public
interest to purchase, and the said John, Duke of Atholl, or his heirs, may be inclined to
sell, release, or surrender, for such sum or sums ot money as shall be a just and fair equi-
valent for the same, to be settled and ascertained by any arbitrators chosen by the said
Commissioners of the Treasury, or any three or more of them, and the said John, Duke
of Atholl, or the heir-general for the lime being of the said seventh Earl of Derby
respectivelj', in that behalf: and that upon the execution of any such contract or agree-
ment by or on behalf of the said John, Duke of Atholl, or the heir general for the time
being of the said James, the seventh Earl of Derby ; or upon executing such other con-
veyances, assignments, releases or surrenders, as in such contract or contracts shall be
agreed on for that purpose, it shall and may be lawful to and for the said Lord High
Treasurer, or Commissioners of the Treasury, or an}' three or more of them, and he and
they is and are hereby empowered, by and out of any monies arising from the Consoli-
dated Fund of the United Kingdom of Great Britain and Ireland, to order and direct the
payment of such sum or sums of money, from time to time, as shall be so ascertained
and settled as aforesaid, as the amount to be paid for such purchase or purchases to the
said John, Duke of Atholl, or the said heir-general for the time being of the said James,
the seventh Earl of Derby.
Act may be ^^- — ^''^^ ^^ '* farther enacted, That this Act may be altered, varied,
altered this or repealed by any Act or Acts to be passed in this present session of
Session. Parliament.
Many years previous to the passing of this Act, namely, on the
18th May, 1810, by Indenture of tbat date, the Duke of Atholl, with the
privity and consent of his second son the Right Honourable James
MuiTay, afterwards James, Lord Glenlyon, and the Right Honourable
Lady Emily Percy, afterwards Emily, Lady Glenlyon, youngest
daughter of Hugh, Duke of Northumberland, (between whom a mar-
riage was then about to be, and was afterwards solemnized,) assigned
the Annuity, secured by the Act of 1805, to WiUiam, Earl of Mansfield,
APPENDIX NO. I. 151
James Drummond, Esquire, afterwards James, Yiscount Strathallan,
Hugli, Earl Percy, afterwards Duke of Nortliumberland, and Peter,
Lord Gvvydir, in trust amongst otlier things to secure the payment to
Lord Glenlyon of £2,500, and to Lady Glenlyon £500 yearly, but with
power at the request of the Duke of AthoU and Lord Glenlyon to seU
the annuity.
By Indenture of the 9th January, 1826, the Lords of the Treasury
and the Duke of AthoU having entered into a negotiation for the pur-
chase and sale of the Duke's interests in the Island, discharged from
the annual payment of £101 15s. lid. in respect of the possessions of
the religious houses, (which payment had been previously purchased by
the Duke of AthoU,) appointed WiUiam Courtenay, Esquire, one of the
Masters of the Coxirt of Chancery, afterwards Earl of Devon, (named by
the Treasury,) and William Harrison, Esquire, King's Counsel, (named
by the Duke,) arbitrators or referees to ascertain and determine the
value of the annuity payable under the Act of 1805, of the Bishopric
and Church patronage, and of all other the rights, royalties, privileges,
mines, and other hereditaments, reserved by the Revesting Act of 1765,
and in case the arbitrators should not make their award within six
calendar months, the parties appointed John Bernard Bosanquet,
Esquire, Serjeant-at-Law, as umpire, who was to make his a^ard within
nine calendar months from the date of the deed. The time for making
the award as to the valuation of part of the premises to be sold was
subsequently extended by Indentures dated the 8th July, 1826, and the
20th AprU, 1827.
The arbitrators made the following valuation of the premises to be
sold : —
Annuity under Act of 1805 £150,000
Lord's or quit rents and aUenation fines 34,200
Ecclesiastical patronage, possessions of the reUgious
houses, demesne lands, glebe lands, wastes,
mines, quarries, services or works of tenants,
rectories, tithes, commons, forests, and all
other rights reserved by the Act of 1765 ... 232,944
Total £417,144
The whole of the premises were by four several Indentures made
between the parties interested in the sale, the King and the Lords
Commissioners of the Treasuiy, sold and conveyed to the Crown. By
152 APPENDIX NO. I.
the first, dated the 6th June, 1826, William, Earl of Mansfield, James,
Yiscount Strathallan, and Hugh, Duke of Northumberland, the surviv-
ing tnistees under the Indenture of the 18th May, 1810, (the considera-
tion money being paid to them,) and the Duke of AthoU and Lord
Glenlyon conveyed the Annuity under the Act of 1805, " to the intent
that the same might be re-united to and become part of the Consohdated
Fund of Great Britain, and to the intent that the Consolidated Fund
might be thenceforth released, exonerated, and discharged" from the
payment thereof. By the second, dated the 13th March, 1827, the Duke
of AthoU and Margery, Duchess of Atholl, his wife, and also William,
Earl of Mansfield, son and heir of the last surviving trustee under the
Indenture of the 6th Api-il, 1756, (see Notes on § 25,) conveyed the quit
rents and alienation fines. By the third, dated the 20th April, 1827,
the Duke and Duchess of Atholl conveyed the patronage of the bishop-
ric, other church patronage, the possessions of the religious houses, and
tithes. And by the fourth, dated the 2nd June, 1828, the Duke and
Duchess and the Earl of Mansfield conveyed all the residue of the
premises to be sold, being the residue of the possessions and rights of
the Duke in the Isle of Man and its dependencies. The consideration
moneys of the second, third, and fourth Deeds were paid to the Duke of
Atholl. .
A Bill for confirming these sales and conveyances, and intituled,
" A Bill for confirming the Sales and Conveyance tnade to His Majesty, of
the Isle, Castle, Peel, and Lordship of Man, and otJier Estates in the said
Island of Man, lately helonging to John DuTce of Atholl," {No. 261 Sess.
1829,) was introduced into the House of Commons and ordered to be
printed on the 19th May, 1829, but it does not appear to Have been pro-
ceeded with.
APPENDIX, No. 2.
It may be both interesting and useful to insert here the opinions of
Coke, Selden, Hargraves, and others, as to the independent position of
the Island as a kingdom, &c. The Notes on the Chronicle may, in some
instances, serve to explain or illustrate many of the statements of the
various writers.
All English jurists concur in the opinion that the Island is bound by
an Act of Parliament when specially named in it. I may have occasion
hereafter to examine how far such an opinion can be supported.
APPENDIX NO. II. 153
COKE.
From the \st 'part of Coke's Institutes of the Laws of England hy Thomas, vol. 1,
1818, chap. 3, " Of Countries subject to the Laws ofMngland."
The Isle of Man, which is no part of the kingdom, hut a distinct territory of itself,
hath been granted by the Great Seal to divers subjects and their heirs. [T. 40 Eliz. in le
Count de Derby's case by the Lord Chancellor, les two chiefe Justices, and chiefe Baron. J
It was resolved by the Lord Chancellor, the two chief Justices, and chief Baron, that the
same is an Estate descendible according to the course of the Common Law ; for whatso-
ever state of inheritance pass under the Great Seal of England, it shall be descendible
according to the rules and course of the.Common Law of England. (1)
From the Aith part of Coke's Institutes of the Laws of "England, 5th edition, 1671,
Cap. 69-
Of the Isle of Man , Insula FuhonitB, modo Mannim, and of the Law and Jurisdiction
of the same.
This Isle hath been an ancient kingdom as it appeareth in li. 7. in Calvin's case, (2)
which need not here to be recited. And yet we find it not granted or conveyed by the
name of a kingdom, sed per nomen Insulce ^c. cum patronatu Episcopatus. He hath
the patronage of the bishoprick of Sodor, which is a visible mark of .a kingdom ; albeit of
ancient time the archbishop of Canterbury was patron of the bishoprick of Rochester,
and tlie Earle of Gloucester of the bishoprick of LlandafF. Vide lib. M.S. in recept.
Scaccarii.foh 166, 4" '*^- Farliam. in Turri, London, ttmps E. 1. fo. 19, 2L [^Walsing-
ham, p. 287.]
William le Scrope emit de domino Willielmo de Monte acuto Insulam Eubonioe (i.
Manniee): Estnempejus ipsius Insulae ut quisquis illius sit dominus Hex vocetur,
cui etiam fas est Corona aurea coronari. (3)
The Lord Scrope forfeited the same to H. IV. for high treason. (4) King H. IV.
granted the same to Henry, Earl of Northumberland, in these words. Hex 8;c. de gratia
nostra speeiali dedimus S^ concessimus Sennco, Comite Northumbrice, insulam,
castrum, pelam, [a pele or pile, a fortress in a small isle belonging to the Isle of Man,]
Sf dominium de Man, ac omnia insulas 8; dominia eidem Insulce pertinen' quoefuer'
Willielmi le Scrope, chivalier defuneti, quern in vita sua conquestati fuimus, Sf ipsum
hie conquestatum decrevimus, Sf quce ratione conguestus illius tanquam conquestata
cepimus in manum nostrum. Quce quidem conquestum, Sf decretum in proesenti Farlia-
mento nostro de assensu dominorum temporalium in eodem Farliamento existentium,
quod personam proefati Willielmi, ac omnia terras, tenementa. bona, ^ catalla svM
tam infra regnum nostrum quam extra ad supplicationem communitatis regni nostri
affirmata existunt, Sfc. Sabenda et tenenda eidem comiti ^ hceredibus suis, Sfc. per
servic portandi diebus coronationis nostrce ^ heredrum nostrorum, ad sinistrum
humerum nostrum ^ sinistros humeros hoeredum nostrorum, per se ipsum aut suffiei-
entum 4" honorificum deputatum suum ilium gladium nudum quo cincti eramus quando
in parte de Holdemess applicuimus, vocatur Lancaster sword, durante processione S[
toto tempore solemnizationis coronationis supradicta.i^)
1 See page 38. 2 See pages 7, 23. 3 See pages 7, 23.
4 See pages 7, 23. 5 See pages 7, 23.
154 APPENDIX NO. II.
In this little kingdom there are two castles, seventeen parishes, four market towns, and
many villages; and in that Isle there is a bishoprick, as hereafter shall be shewed.
Anno 5 H. IV. the said Henry, Earl of Northumberland, was attainted of treason,
and by Act of Parliament, 1 Martii, 7 H. IV., it is enacted, That the King should
have the forfeiture of all his lands and tenements. (1) And afterwards in 7 H. IV. the
King granted the Isle of Man, una cum patronatu epiaeopatus, to Sir John Stanley for
life :(2) and after in the same year he granted the same Isle, una cum patronatu epiaco-
patus, to the said Sir John Stanley and to his heirs : Tenend' de Rege heeredibus et
successorilus, suis per homagium ligeum: Reddendo nobis duosfalcones aemel tantum,
viz. immediate post homagium hujusiiiodi fact'. Et reddendo heeredibus nostras
regibus Anglice duos falcones diebus coronationis eorundem hceredum nostrorum pro
omnibus aliis servieiis, consuetudinibus, et demandis, adeo libere, plene, et integre
stout Willielmus Scrope, chivalier vel aliquis alius, etc.i?)
This Sir John Stanley had issue Sir John Stanley, Knight, (4) who had issue Sir Henry
Stanley, Lord Chamberlain to King H. VI. who created him Lord Stanley,(5) who had
issue George, who had issue Thomas, (6) whom King H. VII. created Earl of Derby, to
him and the heirs males of his bodj', who had issue Thomas, (") who had issue Edward, (8)
who had issue Henry,C9) who had issue FerdinandodO) and William. (H) Ferdinando had
issue Anne, Frances, and Elizabeth, and died without issue male. (12) And between these
daughters being heirs general, and William, Earl of Derby, being heir male, question was
moved concerning the title of the Isle of Man : which by Queen Elizabeth was referred
to the Lord Keeper Egerton, and to divers Lords of the Councel, and to Popham, Chief
Justice of England, Anderson, Chief Justice of the Common Pleas, and Peryam, Chief
Baron : who, Trin. 40 Eliz. upon hearing of the counsel of both sides, and mature delibera-
tion, resolved these five points. 1. That the Isle of Man was an ancient kingdom of
itselfe, and no part of the kingdom of England. 2. They affirmed a case reported by
Kelw. anno 14 H VIII. to be law, viz. Mich. 14 H. VIII. an oflSce was found that
Thomas, Earl of Derby, at the time of his death was seized of the Isle of Man in fee :
whereupon the Countess his wife, by her Councell, moved to have her dower in the
Chancery: but it was resolved by Bradnell, Brook, and Fitzh, Justices, and all the
King's Councel, that the office was meerly void, because the Isle of Man was no part of
the realm of England, nor was governed by the law of this land, but was like to Tourny
in Normandy, or Gascoign in France, when they were in the king of England's handsi
which were merely out of the power of the Chancery : which was the place to endow the
widow of the king, &c. It was resolved by them that the Statue of W. II. De donis
eonditionalibus, nor of 27 H. VIII. of Uses, nor the Statutes of 32 or 34 H, VIII. of
1 See pages 8, 26. 2 See page 27. 3 See page 28. 4 See pages 8, 31,
5 His name was Thomat, not Henry, see pages 8, 32.
6 Thomas (I.) had issue Thomas (II.) created Earl of Derbj, and he was the father of Georgei
whose son Thomas (III.) succeeded his grandfather Thomas (II.) See pages 8, 32, 33.
7 No grandson of George named Thomas was Lord of the Island. Coke has misplaced the
names. He makes Thomas II. and Thomas III. the son and grandson of George, whereas they
were respectively his father and son. See pages 8, 32, 33.
8 See pages 8, 34. 9 See pages 8, 34. 10 See pages 8, 35.
11 See pages 8, 3d. 12 See page 35.
APPENDIX NO. II. 155
Wills, nor any other general Act of Parliament did extend to the Isle of Man for the
cause aforesaid, but by special name an Act of Parliament may extend to it. [Vide 33
H. VIII. c. 6, a proviso for the subjects of the Isle of Man. 14 El. cap. 5.] 3. It was
resolved, that seeing no office could be found to entitle the King to forfeiture of treason,
that the King might grant by commission under the Great Seal to seize the same into
the King's hands, &c., which being done and returned of record is sufficient to bring it
into the King's seisin and possession, and into charge, &c. [In Turri Lond. 3 Junii, 6
H. IV. such a Commission under the Great Seal was granted to Sir John Stanley and
William Stanley, &c. to seize, &c. in this very case.] 4. That the King might grant the
same under the Great Seal, because he cannot grant it in any other manner. And here-
with agreeth divers Grants, under the Great Seal, of this Isle, viz. 4 Junii, 18 E. I. Hex
E.I. concessit Waltero de Huntercombe, etc. Hex E. II. concessit Fetro de Gaveston,
etc. 1 Maii, 5 E. II., Gilberto MagasTcill, and in the same year granted Henrico de
Sella monte Iiisulam prcedictam cum omni domino et j'ustitia regali pro termino
vita, etc, 5. It was resolved that a fee simple in this Isle, passing by the letters patent
to ^'ir John Stanley and his heirs, is descendible to his heirs according to the course of
the Common Law, for the Grant itself by letters patents, is warranted by the Common
Law in this case : and, therefore, if there be no other impediment, the Isle in this case
shall descend to the heirs general, and not to the heir male : as the grand seigniores and
caunots in Wales were impleadable at the Common Law, but the lands holden of them
by the customs of Wales, &c. ; which resolutions we have thought good to report, because
they are the best directions that we have found, both in these and for the like cases. d)
By these letters patents it appeareth, that Simon Montacute had intruded into and
occupied the said Isle in nostri ex-hteredationem, for which he was attached to answer
the same in the King's Bench at the suit of the King, but what proceeded thereupon we
yet find not.
But now let us come to their laws and jurisdiction of this Isle, the like whereof we find
not in any place. Their judges they call deemsters, [A dema, a Saxon word for a judgct
Giraldus: sunt duo judices in Insula Mannia (olim Etiania nuncupate) qui de litibus
ibidem emergentibus cognoscunt,"] which they choose out of themselves. All controver-
sies they determine without proces, pleading, writing, or any charge or expense at all.
If any case be ambiguous, and of greater weight, it is referred to 12,(2) which they call
claves Instdce, the Keyes of the Island. They have coroners {quos annuos vocant), who
supply the office of a sheriff.
But albeit this be so, yet when this Isle was in the King's hands, if any injustice or
injuries were done to any of his subjects there, the King might grant a commission for
redress thereof : the like whereof we find, Bot. Pat. anno 20 E. I. in these words : Bex
dilectis et jidelibus suis Nicliolao de Segrave seniori. Osberto de Spaldington, et
Johanni de Suthewell, salutem. Sciatis quod assignavimus vos justiciaries nostros
ad querelas omnium et singulorum de Insula de Man se conqueri volentium de quibus-
cunque transgressionibus, et injuriis eisper quoscunque tam balivos et ministros nostros
quam alios in pradicta Insula illatis audiend' et terminand\ et ad plenam et celerem
Justiciam partibus inde faciend' secundum legem et consuetudinem partium illarum,
1 See page 38. 2 This is an error, the number of Keys being. 24.
156 APPENDIX NO. II.
Et idea vohis mandamus, quod ad certos dies et loca quos, etc. in Insula pradicta
querelas, etc. audiatis et terminetis in forma predicta facturi, etc. Salvis et
Mandavimus enim custodi nostra Insula predicta, quod ad certos etc. in Insula pre-
dicta, quod ad certos, etc. in Insula predicta venire fac coram vobis tot et tales, etc.
In cujus, etc. Teste Bege apud Berewick, 16 die Julii.
So as albeit the King's Writ runneth not into the Isle of Man, yet the King's Com-
mission estendeth thither for redress of injustice and wrong : but the Commissioners must
proceed according to law and justice of the Isle. They have peculiar laws or customs:
for example , If a man steal a horse or an ox, it is no felony, for the offender cannot hide
them ; [they have no woods ;] but if he steal a capon or a pig he shall be hanged, &c
Upon the sale of a horse or any contract for any other thing, they make the stipulation
perfect, per traditionem stipulce. (Nota, the true derivation of stipulation.) And as
they have peculiar laws, so have they a proper language.
This Isle hath a bishop instituted by Gregory the Fourth, bishop of Rome,(l) and he is
under the archbishop of York, but hath neither place nor voice in the Parliament of
England. In hac Insula Judex Ecclesiasticus citat definit et infra octo dies parent,
aut carceri intraduntur.
The inhabitants of this Isle are religious, industrious, and true people, without b^ging
or stealing.
SELDEN.
From Selden's Titles of Honor, 2nd Edition, 1631, p. 24.
The like were those kings of the lie of Man, who were subject first to the kings of
Ifortoay, then to the crown of England, (under king John and Henrie the Third,) and
afterward to the kings of Scotland, and since againe to the crown of England. They both
stiled themselves kings in their seals inscribed with Eex Manniae et Insularttm, and were
so titled by their superior Lords, as we see in that of our Henrie the Third's testifying
that he had received the homage of king Rei/nold.{2) Sciatis (saith he) quod dilectus
etfidelis noster Reginaldus Rex de Man venit ad fidem et servitium nostrum et nobis
homagium fecit. But they were also in the later times titled the lords of Man or
1 Coke has probably here mistaken the bishopric of Sodor, for that of Man. The generally
received account is that it was constituted by St. Patrick, who appointed Gennanns its first
bishop, in 447. Lists of the bishops are preserved, and there seems no reason to doubt the
account. The bishopric of Sodor, (the southern Hebrides, oiten called Sudereyt or Sodoreyg, —
hence the term Sodor,) was constituted by Pope Gregory the Fourth, in 838. Magnus, king
of Norway, about the year 1098, conquered both the Western Isles and Man, and both bishop-
rics were united— the archbishop of Drontheim in Norway being the metropolitan. The
union of the sees continued till 1380, when, the English being in possession of the Isle of
Man, separate bishops were elected. The Manx bishops, however, continued the title of bishops
of Sodor, and of Sodor and Ifon— the Scotch bishops took the title of bishops qf the Itles. (See
Cumming'i Itle qfMan, p. 338.)
2 See page 14.
APPENDIX NO. II. 157
Domini Manniae,(l) by which title the dignitie was not so restraind, that therefore the
name of king was taken from them. For our stories tell us expressly, that the Lords of
Man had withall the name of king, and might use also a crown of gold. So sales Thomas
of Walsingham, where he relates that William Montafjue, Earle of Salishurie, under
Sichard II. sold the He to Sir William Scrap, Willielmus Scrap (so are his words,)
emit de domino Willielmo de Mante-acuto Comite de Sarum, Insulam Euboniat (which
is the old name of the He) cum Corona. Nempe Dominus Jiuius Insula Bex vacatur,
cui etiam fas est corona aurea coronari. And another to the same purpose in the
publique librarie at Oxford. Est nempe jus illius Insula ut quisquis illius sit T>ominus
Sex vocetur, cui etiam fas est Corona Hegia coronari. But in the memories which
remain of the gifts of this Hand made by our kings to such as have been since vulgarly
stiled Kings of Man, the name of King or Kingdom is not found, but only the title of
Lord, but with the addition of holding it as amply and as freely as any before had it.
And while also it was in the hands of that William Earl of Salisbury/, hee titled
himselfe, it seemes, only JLord of Man or Seignor de Man.ii) For so I find
him in his Charter sealed with the armes of that Hand quarterd with those of his
owne family under a crowne, that is only fleury, with eight flowers whereof foure
are much larger than the rest. It was made 22 FebntariJ, 6 Bich. 2. to his
beloved Esquier Robert Sparry, for settling in him an estate in fee of divers lands
and possessions in Sutton, Montagu, Crowthorn and Crofton Denham in Somersetshire,
and came to my hands through the]noble favour of the Right honorable Senry Earle of
Huntingdon. The Earle of Salisburie's stile in it is Gilliam Conte de Sarisbiry,
Seignior de Man et de I'Isle de Wight, By the name of Lordship also it was given by
Henry the Fourth to Senrie Earl of Northumberland, as an Island won by conquest
from Sir William Scrap, whereas indeed the conquest was no otherwise than that Sir
William Scrap was taken at Bristow, and beheaded by those which were of the part of
this King, while he was Duke of Lancaster, and made his way for the crowne.(3) And
the words of the Patent are most observable. He gives him — Insulam, castrum, pelam,
et dominium de Man, ac omnia insulas et dominia eidem Insula de Man pertinentia,
quajuerunt Willielmi le Scrop, Chiualer, defuncti quern nuper in vita sua conquestati
fuimus et ipsum sic conquestatum decreuimus et qua ratione conqaestus illius tanquam
conqixestata cepimus in manum nostram qua quidem decretum et conquestus in prasenti
Tarlamento nostra (that is the Parlament of the first year of his reigne), de assensu
Dominorum Temporalium in eodem Parlamento existentium quoad personam prefati
Willielmi ac omnia terras et tenementa, bona et catalla sua tam infra dictum regnum
quam extra ad supplicationem communitatis dicti regni nastri affirmata existunH^)
But it is not so much a wonder to see him give it ' as a territory acquired by conquest, if
withall it be remembered that he had a purpose to have challenged the Crowns of
England and Ireland by a title of the sword, and not by inheritance. But he was
dissuaded from that claime by Sir William Thiming, Chief Justice of the Common
Pleas, who was imploied under him in bis greatest affaires of state^ and thence was it also
that to give some satisfaction to the Parliament that doubted it, he made a public protest-
ation]^that he would not that any man should think that by way of conquest he would
disinherit any man of his heritage, franchis, or other rights, S^c; and therefore also he
1 See page 33. 2 See page 23. 3 See page 24, &c. 4 See page 23.
S
158 APPENDIX NO. II.
claimed the crown by pretence of hereditary descent. But for the title to the lie of
Man he altered not his purpose it seems, nor did he continue in it without the consent of
the Parliament that thus affirmed it to be by conquest. (1) Some years after the Earle of
Jforthumherland forfeited it, and it was in the same words g^ven to Sir JoTin Stanley, to
hold it in fee by the tenure of two falcons to be presented to the King at his coronation, (2)
whereas the Earle of Northumberland's tenure was to carry the sword called Lancaster
Sword, being the same that Henry IV. wore when he arrived in England, at the corona-
tion of the King and his successors. By this title it hath continued to this day in the
posteritie of Sir John Stanley, the Earles of Derby, who have also by the same grant (as
the Earl of Northumberland had) the patronage of the Bishoprique of Sodor and are in
common speech called Kings of Man. And indeed that having the patronage of a
bishoprique is such a speciall mark of Royalty in a subject, as hath not at this day nor
for divers ages hath had an example in any territory of the C^o^vne oi England; although
in more ancient times there be express testimony of subjects being patrons of bishopriques
in England also ; as we see in the bishoprique of Bochester, which was of the patronage
of the Archbishop of Canterbury, as also the advowson of the bishoprique of Landaffe
was in the Earles of Qlocester.
WOOD.
From Wood's Institute of the Laws of England, ^c, 1772, p. 1.
The Isle of Man is no part of England, but a distinct territory of itself, and out of the
power of our Chancery, or of original Writs which issue out of Chancery; and hath
been granted under the Great Seal to divers subjects, and their heirs. No Act of Parlia-
ment extends to it, unless it is especially named. It hath peculiar laws and customs.
HARGRAVES.
3 Sargraves' Jurisconsult Exercitations. (1813) 255. {Extracted from Mr. "E-ar-
graves' "further Opinion on the DuTce of AthoVs Isle of Man Case")
As to the sovereignty of the Isle of Man which the Act of 1765 wrested from the late
Duke and his wife, the heiress of the body of James, Lord Stanley, the seventh Earl of
Derby, and transferred to the crown of Great Biitain,(3) I do not in placing it first,
follow the order of the estimate of Man the late Duke of AthoU, as I have already
mentioned, gave in to the Minister just before entering into the ruinous and degrading
contract, on the nullity of which I am submitting my opinion. In that estimate tno
revenues from the Island were the first subject. The sovereignty was introduced
secondarily. But I see this as a misplacement, at least ill according with the superior
tfrandeur of the sovereignty. In fact it was placing the incident before the principal.
1 Sec page 24. 2 See page 28. 3 See pp. 104, 107.
APPENDIX NO. II. 159
Such an arrangement is scarce to be accounted for. It seems as if despair, threats, and
coercion had benumbed the late Duke and his advisers into the fear of asking for the
price of Detheonement.
I may trnlj- say, Detheonement ; for the late D\ike and his Duchess, till the Minister
threatened and coerced them into a resignation, were in possession of a Kingdom ; one
indeed dependent upon the crown of Great Britain; but yet one of very high consideration.
The Isle of Man is mentioned by Lord Coke in his report of Calvin's case,(l) and ia
his fourth Institute, (2j as an antient kingdom; and as an absolute one also, by which I
apprehend he only means, that it is a kingdom in reality, as well as in denomination.
Mr Selden also, in his Titles of Honour, (3) ranks it as an antient subordinate kingdom:
observing that its kings stiled themselves as kings of Man and the Isles, and were so
titled by their superior lords. Both Coke and Selden prove their assertions from our
records.
I will now touch upon the outline of its antiquity, its transitions, and its continuance,
as a kingdom ; with just enough of reference to enable seeing upon what authority I
found my account.
Possibly the antiquary, following the expulsion of the Druids by the Boman govern-
ment, first from Wales into Anglesey or the southern Mona or Man, might find the first
trace of monarchy in this latter island in one of the latest stages of druidical hierarchy.
But here it will be sufficient to begin with mentioning, that the chronicle of the kings of
Man, in the old Latin editions of Camden^s Britannia, is particular in explaining who
reigned in Man a little before the Conquest ; and that, according to Mr Selden's short
statement, the kings of Man were subjects first to the kings of Norway, then to the
crown of England, and afterwards to the kings of Scotland, and then to the crown of
England again. In the reigns of our John and our third Henry, Man was considered as a
kingdom dependent upon England ; and Mr Selden gives an extract from the patent roll
of 3 Hen. III. in which that king notifies that he had received homage and fealty from
Reginald, king of Man. According to the chronicle of the kings of Man, Magnus the
Second, its last king of the Icelandic or Norwegian line, died in 1265 ; and then the
Island was attacked by the arms and fell under the dominion of the third Alexander,
king of Scotland. (4) At this period the chronicle of Man ending, Camden, in the Latin
edition of his Britannia, pursues the history of the kings of Man from other sources ; and
informs us, that after the king of Scotland's subduing the Isle of Man, it was claimed by
a daughter and heir of Reginald, king of Man, (5) whom I take to be the king called in
Anderson's Soyal Genealogies, in the table for the Isle of Man, Reginald the Second,
and stated as elder brother of the second Magnus the last of the old kings, and his prede-
cessor. For that purpose, this lady sued for the Isle of Man against John Baliol the
Scottish king, in the English Parliament, before Edward the First as the king paramount
of Man. Her petition is in Byley's Flacita Parliamentarian and in the roll of Parlia-
ment for 31 Edward I. What followed is not at present clearly traced. But it appears
by a writ extracted in Brynne on 4 Inst. 203, from the close roll of 35 Bdw. I., that
Anthony, bishop of Durham, was then in possession of Man, and was summoned to shew
1 See page 14 2 See page 163. 3 Sec page 156.
4 See page IS. 5 See pp. 6, 17, IS.
160 APPENDIX NO. U.
cause in the King's Bench wby it should not be resumed unto the king's hands ; the
writ treating it as his right, and containing a recital which adverts to the antiquity of
his claim. For some years after this, the subject is again enveloped in obscurity. But it
appears by several records in Frynne on 4 Inst. 204, and by other records in Mr Rymer's
Fadera for the 7th Edward III., that both Edward II. and Edward III. committed
the custody of the Isle to various persons from time to time; and that at length the
latter king first entrusted the custody to William de Montacute, the second ilontacute,
Earl of Salisbury, and soon afterwards released all right and title to him.(l) The origin
of this favour (as, putting together, what I find in 1 Dugdales Baronage, 632, and in
Camden s Britannia, p. 810, of the Latin edition of 1600, which contains somewhat
omitted in the English editions, and adding what I collect from a record of 33 Edw. I.
cited in Dr. Campbell's Political Survey from Bodsworth's manuscript collection, I
conjecture) seems to have been, partly that this Earl's grandmother, the wife of Simon de
Montacute, was sister and heir of one of the antient kings of Man, and a near relation of
the female who claimed to inherit Man on the death of the king Magnus the Secondt
and had obtained a transfer of her right ; and partly that he had by his arms regained
the Island from the Scotch upon their having once more resumed the possession of it.
Thus become seized, William Montacute, the second Montacute, Earl of Salisbury, and
son and heir of the first Earl, is represented in Thomas Walsingham's 'History, and on
that authority in Seld. Tit. of Hon., 1 Biigd. Bar. 661, and other books, as having sold
the Island to Sir William Scroope, Earl of Wiltshire, about 16 Elclu II. as a kingdom,
namely, cum corona, which transaction, as I conceive, could not have been valid without
the sanction of that king.(2) In 1 Hen. IV. Scroope, Earl of Wiltshire, was attainted of
high treason, and so the Isle of Man became forfeited to the crown. (3) It was almost
immediately granted to the first Percy, Earl of Northumberland, and his heirs, by the
description of the isle, castle, pele, and dominion of Man, and all the Islands and
dominions to the same belonging, which were late of William Scroope, knight ; to hold
by the service of bearing the Lancaster sword on the left shoulder of the king during the
whole of the coronation day.(4) The grant is in Latin; and in the extract in 4 Inst.
283, and Brynne on that book from the patent roll, the words I translate dominion and
domininions are dominium and dominia, which I mention, that my translation, if it be
too strong, may be corrected. But the Earl of Northumberland's attainder of treason,
in 6 and 7 of same king brought Man back to the crown ; and in the latter year the Isle
was granted by Hen. IV. to Sir John Stanley and his heirs, to hold of the king and his
heirs and successors kings of England, by liege homage and rendering two falcons on every
day of coronation, with express words, according to the extract from the record in 4 Inst,
that Sir John Stanley, who was lord steward to the king and also lord-lieutenant of
Ireland, and bis heirs, should hold the Island as freely, fully, and entirely, adeo libere,
plene, et integre, as Sir William Scroope or any other, vel aliquis alius, had held it: (5)
and from this Sir John Stanley it passed through bis descendants the Lords Stanley and
Earls of Derby, till under the succession, as regulated by the Act of James{G) the First,
the isle became vested in the now Duchess Dowager of Athol as heir of the body of James,
Jjord Stanley, seventh Earl of Derby. (')
} See page 22. 2 See page 23. 3 See page 23. 4 See page 23.
5 See page 28. 6 See page 61. 7 See page 95.
APPENDIX NO. II. 161
Thus the Isle of Man is traceable as a kingdom into times, probably centuries, but
■certainly many years, prior to the Conquest. Thus too, after extinction of the ancient
kings, about the end of the reign of our Henry the Third, the inheritance of Man in the
reign of Henry the Fourth was granted to Sir John Stanley, in language substantially
continuing the isle as a kingdom ; and after an enjoyment in his family for nearly four
centuries, it descended upon the now Duchess Dowager of Athol, as sole heir of the body
of his descendant and heir male of James, Lord Stanley, the seventh Earl of Derby.
Mr. Selden, indeed, in his Titles of Sonor, truly observes that in latter times kings
of Man were titled lords. But he properly adds, that the dignity was not so restrained,
as to take away tlie name of king. He illustrates this, by transcribing Thomas de WaU
singham's account of the transfer of Man from the second Montacute, Earl of Salisbury to
Sir William Scroope, Earl of Wiltshire, in the reign of Richard the Second; the transfer
being stated as including a crown; and Walsingham explaining that the lord of Man
was not only called a king, but that he might he crowned with a golden crown.
" Dominus," as the passage, which is cited by Selden from Walsingham, and which I
find agrees with the book cited, runs, " hujus Instdce Rex vocatur cui etiam fas est
corona aured coronari," To this Selden subjoins from a manuscript chronicle at
Oirford, including 43 Hen. Ill to '7 Sen. V., a passage expressly allotting to the king of
Man a crown royal ; for the words are " est nempe jus illius insulae, ut quisquis illiua
sit dominus Bex vocatur, cui etiam fas est corona regia coronari." It is trne, however,
as Selden farther remarks, that in the gifts of Man by our kings the name of king is not
found, but only the title of lord ; which is quite correct as to the successive patents to
Percy, Earl of Northumberland, and Sir John Stanley, as I have shortly stated. But it
is plain that Selden did not mean to deny the continuance of Man as a kingdom, not
even in name ; if the lord should think fit. The contrary is apparent ; for, in one of the
passages I have already cited from him, he so explains himself. In order also to guard
against so supposing from Man's not being named as a kingdom in the latter grants from
the Crown, Mr Selden in the very same page recollectively mentions that those grants
were with the addition of the grantees holding as amply and freely as ant befoee ;
which words are equivalent to the adeo plene lihere et integre sicut Willielmus
Scrope vel altquis alius in Senry the Fourth's grant to Sir John Stanley.
The sum of all this is, that the Isle of Man was a feudatory and subordinate kingdom
before the grant to the Stanley family ; and that in effect it was granted as such to Sir
John Stanley ; the reference to the former grants being the same as if king Menry the
Fourth had said to Sir John Stanley, you and your heirs are to have Man as fully,
freely, and entirely, as it was held hy Sir William Scrope, or even as it was delivered
to John Baliol, king of Scotland by my ancestor king Edward the First.
In truth the grant was immediately construed in this way. This appears strikingly
in the book of statutes for the Isle of Man, printed in the appendix to the report to the
crown from the Isle of Man commissioners in April, 1792. In that book, the title to
the beginning and most ancient laws describes it, as containing divers ordinances,
statutes and customs, presented and used for laws in the land of Man, which were
approved and confirmed, " as well by the Honourable Sir John Stanley, knight, Ki»a
and lord of the same, and diverse other his predecessors, as by all deemsters, officers,
tenants, inhabitants and commons of the same land." How antient this title is, may
162 APPENDIX NO. II.
be uncertain. But it is not necessary to lay any stress upon it : for the very first article
of the book, although such article is certainly at least as antient as 1422, which was
about sixteen years after Henry the Fourth's grant to Sir John Stanley, and six years
after the latters death, begins with describing the Mngsliip of Sir John Stanley, son and
heir of Sir John Stanley the first grantee, in the following eraphatical terms, which are
applied to him on his Tynwald or Parliament day, and which I copy with no other
difference than what arises from modernizing the spelling.
" Our doughtful and graceful lord. This is the constitution of old time, the which we
have given in our days, how you should be governed on your Tynwald day. First, you
shall come thither in your Moyal array, as a KIKG ought to do by the prerogatives and
royalties of the land q/'Man ; and upon the hill of Tynwald sit in a chair covered with
a roy al cloth and cushions ; and your visage unto the East, and your sword before you
holden with the point upwards, your barons in the third degree sitting beside you, and
your beneficed men and your deemsters before you sitting ; and your clerk, your knights,
esquires, and yeomen about you, in the third degree ; and the worthiest men in your land
to be called before your deemsters, if you will ask anything of them, and to hear the
government of your land and your will ; and the commons to stand without the circle of
the hill with three clerks in their surplices. And your deemsters shall make call in the
coroner of Glenfaha ; and he shall call in all the coroners of Man, and their yards in
their bauds, with their weapons upon them, either sword or axe ; and the moures, that
is, to wit of every sheading. Then, the chief coroner, that is the coroner of Qlenfdba,
shall make affence upon pain of life and limb, that no man make any disturbance or stir
in the time of Tinwald, or any murmur or rising, in the hinges presence, upon pain of
hanging and drawing ; and then sliall let your barons and all others know you to be
their king and lord, and what time you were here you received the land as heir apparent
in your father's days, and all your barons of Man, with your worthiest men and com-
mons did you faith and fealty. And in as much as you are by the grace of God now
KING and lord of Man you will now, that your commons come unto you, and shew their
charters how they hold of you, and your barons, that made no faith or fealty unto you,
that they may now."(l)
It will, I presume, scarce be denied that this picture of Sir John Stanley the first
grantee's son and heir, at the head of his Tynwald assembly, not only attributes a
kingdom to him, but represents that kingdom with some resemblance of the great kingdom
upon which the Isle of Man was become a dependency.
From the continuation of the Isle of Man Tynwald laws in the same book, it appears
that this Sir John Stanley, the son and heir of the first grantee, was at three subsequent
courts of Tynwald or Parliament, stiled by his subjects and tenants " king of Man and
the isles."
But according to the account given by James, Lord Stanley, seventh Earl of Derby,
in his History and Antiquities of Man, as printed in the second volume of Feck's Desi-
derata Curiosa, his ancestor Sir Thomas Stanley, grandson of the first grantee and
father of the first Lord Stanley and Earl of Derby, dropped the title of king, either from
modesty or policy; and thence the title became that of lord only. (2)
1 Mill's Statutes, page 5.
2 See page 33 ; Peck, page 430, &c.; Maekenaie's Stanley Legislation (Manx Soc.) page 6.
APPENDIX NO. II. 163
The sovereignty, however, was not diminished by the change of name ; and I observe
that even in the reign of Eenry VIII. the fourth Stanlej', Earl of Derb}', the then lord
of Man, was stiled boveeeign and liege lord of it, for so he was stiled in a commission
tinder his seal of Man, in June, 1532, and recited in an indenture of the next month
which is inserted at length in the before-mentioned book of statutes and laws. It should
also be remembered, that according to the Isle of Man case between William the sixth
Earl of Derby and the daughters and heirs of Ferdinand the fifth Earl, in the latter end
of the reign of Elisabeth, as reported in Iiord Coke's fourth Institute, the lord chan-
cellor, and diverse of the privy councillors and the chiefs of the three great common law
courts, concurred in declaring the Isle of Man to be an antient " kingdom of itself, and
no part of the realm of England.''^
In this form and with this title altered from king to lord the sovereignty of the Isle of
Man descended upon the present Duchess Dowager of Athol, and so was vested in the
late Duke and her, in her right, till they were unhinged by the Revesting Act of 1765.
So much may suffice to shew, that the primary subject of the sale of Man in 1765 wa3
really a sovereignty, really a kingdom, and a very antient one too.
BLACKSTONE.
From Blackstone's Commentaries on the Laws of England, vol. 1, p. 105, lo^A edition,
hy Christian, 1809.
The Isle of Man is a distinct territory from England, and is not governed by our laws;
neither doth any Act of Parliament extend to it, unless it be particularly named therein;
and then an Act of Parliament is binding there. It was formerly a subordinate feudatory
kingdom, subject to the kings of Norwaj^; then to king John and Henry III. of Eng-
land; afterwards to the kings of Scotland; and then again to the crown of England; and
at length we find king Henry IV. claiming the Island by right of conquest,(2) and dis-
posing of it to the Earl of Northumberland ; upon whose attainder it was granted (by
the name of the Lordship of Man,) to Sir John de Stanley by letters patent 7 Hen. IV.(3)
In his lineal descendants it continued for eight generations till the death of Ferdinando,
Earl of Derby, A.D. 1594: when a controversy arose concerning the inheritance thereof,
between his daughters and William his surviving brother ;(4) upon which, and a doubt
that was started concerning the validity of the original patent, the island was seized into
the Queen's hands, and afterwards various grants were made of it by king James the
First ; all which being expired or surrendered, it was granted afresh in 7 Jac. I. to
William, Earl of Derby, and the heirs male of his body, with remainders to his heirs
general ;(5) which grant was the next year confirmed bj- Act of Parliament, with a
restraint of the power of alienation by the said Earl and his issue male.(6) On the death
of James, Earl of Derby, A.D. 1735, the male line of Earl William failing, the Duke of
1 See page 38. 2 See page 23. 3 See page 28. 4 See page 83.
6 See page 46, 6 See page 61.
164 APPENDIX NO. III.
Atholl sncceeded to the Island as heir general by a female branch.(l) In the mean time,
though the title of ling had long been disused, the Earls of Derby, as lords of Man, had
maintained a sort of royal authority therein; by assenting or dissenting to laws, and
exercising an appellate jurisdiction. Yet though no English writ, or process from the
courts of Westminster, was of any authority in Man, an appeal lay from a decree of the
lord of the Island to the king of Great Britain in council. But the distinct jurisdiction
of this little subordinate royalty being found inconvenient for the purposes of public
justice, and for the revenue, (it affording a commodious asylum for debtors, outlaws, and
smugglers,) authority was given to the Treasury by Statute 12 Geo. I. c. 28, to purchase
the interest of the then proprietors for the use of the crown: (2) which purchase was at
length completed in the year 1765, and confirmed by Statutes 5 Geo. Ill, c. 26 & 39,(3)
whereby the whole Island and all its dependencies so granted as aforesaid, (except the
landed property of the Atholl family, their manorial rights and emoluments, and the
patronage of the bishoprick and other ecclesiastical benefices,) are unalienabls' vested in.
the crown, and subject to the regulations of the British excise and customs.
APPENDIX, No. 3,
Being the Act of Parliament referred to in the Notes on § 20. (Seep. 74:.)
51 Geo. III. cap. 207. (Local and personal.)
An Act to confirm ■certain Articles of Agreement between the Most Kohle John, Duke
of Atholl, the Right Honourable JEdtoard, Earl of Derby, [the Right Reverend
Claudius, Lord Bishop of Sodor and Man, the Honourable Edward Stanley com'
monly called Lord Stanley, the Reverend Daniel Mylrea, William Scott, John
Cosnahan, and the Clergy of the Isle of Man, and for other purposes. I26th June,
1811.]
Whereas, by Letters Patent, bearing date on or about the seventh day of July, in the
seventh year of the reign of King James the First, The isle, castle, peele, and lordship of
T tt Pate t ^^'^» ^^^ ^^^ rights, members, and appurtenances, and all monasteries,
dated 7th July abbeys, and priories within the said Isle, and all tythes whatsoever, as
7 Jac. I. ^eii great as small, and all rectories, advowsons, donations, and right of
patronage of all hospitals, churches, vicarages, chapels, and all other
benefices whatsoever, as well spiritual as temporal, with their appurtenances, of what
nature or kind soever, arising within the said Isle, together with the patronage of the
bishoprick of Sodor and Man were (except as therein excepted) granted by his said
Majesty to William then Earl of Derby, and Elizabeth his wife, during their joint lives,
1 See page 95. 2 See page 94. 3 See pp. 101, 105, 107.
APPENDIX NO. III. 165
and the life of the survivor of them, and after the death of the survivor of them, to James
Stanley (Lord Stanley) the son and heir apparent to the said William, Earl of Derby, and
to his heirs for ever, the same to be holden of his Majesty, his heirs and successors, by
homage and liege, and paying two falcons on the coronation day of his Majesty's succes-
sors, the kings of England, in lieu of all other services, customs, and demands.
And whereas some differences having arisen between William, Earl of Derby, the
grantee in the said letters patent, and the widow, daughters, and co-heirs of Ferdinando,
then late Earl of Derby, and the said parties having entered into an agreement concern-
ing the same, an Act of Parliament passed in the seventh year of his said Majesty king
James the First, for confirming such agreement, intituled. An Act for assuring and
establishing of the Isle of Man, whereby it was enacted, that the said William, then
Earl of Derby, and Elizabeth his wife, should, during their natural lives, and the life of
the longest liver of them, and the said James, Lord Stanley, and the heirs male of his
body begotten or to be begotten ; and after his death, without such issue, Eobert Stanle}',
the second son of the said Earl, and the heirs male of his body ; and for want of such
issue, the heirs male of the body of the said William, Earl of Derby; and for default of
such issue, that the right heirs of the said James, Lord Stanley, should for ever there-
after hold and quietly enjoy, against his said Majesty King James the First, and against
Thomas, Lord Ellesmere, then Lord High Chancellor of England, the Lady Alice,
Countess of Derby, his wife, and then late the wife of the said Ferdinando, then late
Earl of Derby, deceased; and against Henry, Earl of Huntingdon, and the Lady Elizabeth,
Countess of Huntingdon, his wife ; Grey, Lord Chandos, and the Lady Anne his wife,
Sir John Egerton, Knight, son and heir male apparent of the said Thomas, Lord Elles-
mere, and the Lady Frances his wife, and the heirs of the said Elizabeth, Anne, and
Frances ; which said Elizabeth, Anne, and Frances, were the only daughters and sole
heirs of the said Ferdinando, then late Earl of Derby, and against the heirs of the said
Ferdinando, then late Earl of Derby, and against Thomas Ireland, Esquire, his executors,
administrators, and assigns ; all the said Isle, castle, peele, and lordship of Man, with the
rights, members, and appurtenances thereto belonging ; and all and singular the premises
comprized in the said Letters Patent, and particularly expressed in the said Act, subject
to the several terms, rents, and services aforesaid : And whereas the said James, Lord
Stanley, afterwards Earl of Derby, after the death of the said William, Earl of Derby,
and Elizabeth his wife, entered and enjoyed the said Island and premises, during his life;
and the said James, Earl of Derby, afterwards died, leaving issu e Charles, his eldest son
and heir at law ; and the said premises then became vested in the said Charles, Earl of Derby.
And whereas some time in or about the year One thousand six hundred and sixty-six,
the said Charles, then Earl of Derby, promoted a publick subscription in England, for the
increase and augmentation of the maintenance of the poor clergy within the said Isle ;
and One thousand Pounds having been accordingly subscribed, the application thereof
was entrusted to the Right Reverend Isaac, then Bishop of Sodor and Man ; and the said
subscription of One thousand Pounds having been accordingly paid into the hands of the
said Bishop, he afterwards, at the request of the inhabitants, proposed to the said Earl
to purchase the rectories and tythes iu the said Island, herein-after particularly men-
tioned, from the said Earl.
T
166 APPENDIX NO. III.
And whereas by Indenture, bearing date on or about the first day of November, which
was in the year of our Lord One thousand six hundred and sixty-six, and made, or men-
Indenture, tioned to be made, between the said Charles, Earl of Derby, of the one
dated Ist Nov. part, and Isaac, then Lord Bishop of Sodor and Man, and Jonathan
Fletcher, then Archdeacon of the said Isle of Man, of the other part
reciting, that the then revenues and ecclesiastical promotion and maintenance for
the ministers of the Gospel, settled within the said Isle of Man, were ver}- small, by
reason whereof many of the ministers within the said Isle were forced to live in a mean
condition, unbecoming their callings ; and likewise were necessitated, for the gaining and
obtaining of a livelihood for themselves and families, to betake themselves to mean and
inferior employments, to the diminution of the honour of their functions and profession,
and to the prejudice of religion and ecclesiastical government by law established within
the said Island and his Majesty's dominions ; whereof the said Earl and Bishop taking
notice, and duly considering the great inconveniences arising from the small encourage-
ment and maintenance of the ministers within the said Isle, and for the increase and
further augmentation of the maintenance of the ministers of the Gospel, exercising their
functions within the said Isle, at the several churches and cures there, they the said Earl
and Bishop had used their great care and pious and religious endeavours and bounty, as
well in their own particular and liberal contributions, as in procuring on their endeavours
and earnest solicitations, other large and bountiful contributions, for the furthering and
encouragement of the same pious and religious work, by the Archbishop and Bishops,
and other pious well disposed persons within the realm of England, by which contribu-
tions, the sum of One thousand Pounds had been then already paid, or subscribed, or
undertaken to be paid, for the furtherance and advance of the said pious and charitable
work ; which said sum of One thousand Pounds was directed and appointed to be
bestowed and employed for the purchase of some yearly revenue within the said Island
for the increase and augmentation of the maintenance of the ministry within the said
Isle, and that upon such inquirj' made, and long consideration had, how or whereupon to
bestow the said One thousand Pounds, within the said Isle for the purposes aforesaid, it
was thought most convenient to purchase the several impropriations, rectories, tythes,
and hereditaments within the said Island, therein and herein-after particularly mentioned,
for and towards the further increase and augmentation of the maintenance of the ministers
of the Gospel resident and exercising their ministerial functions within the said Island,
and for provision of maintenance for schoolmasters, or erection of some school or schools,
in such manner and in such proportions as should from time to time be thought meet
and convenient by the said Bishop and his successors, and by the Archdeacon of the said
Isle and his successors, and by such two other persons, as should be thought meet to be
appointed for that service and employment by the said Earl and his heirs, from time to
time, or by three of them : And further reciting, that the said Earl being acquainted
therewith, at the request of the said Bishop, was content to accept of the said sum of One
thousand Pounds for the settling and advance of the same pious and charitable work, and
in consideration thereof, to convey and grant the rectories, impropriations, tythes, and
hereditaments therein and herein-after mentioned for the purposes aforesaid, and under
the rents, reservations, trusts, and agrttments therein and herein-after expressed, it was
and is witnessed that the said £aii in consideration of the said sum of One thousand
APPENDIX NO. III. 167
Pounds, and of the several yearly rents therein and herein-after reserved, and for the
the trusts and purposes aforesaid, granted, bargained, and sold to the said Lord Bishop of
Sodor and Man, and Jonathan Fletcher, Archdeacon of the said Island, their executors
and assigns, all that the rectory of Kirk Christ Layer and Kirk Marown, with their and
every of their appurtenances ; all that the rectory of Kiik Lonan, with its appurtenances;
all that the rectory of Kirk Conchan, with its appurtenances; all that the rectory of
Kirk Malow, with its appurtenances ; all that the rectory of Kirk Maughell, with its
appurtenances ; all that the rectory of Kirk Arbory, with its appurtenances ; all that the
rectory of Kirk Christ Rushen, with its appurtenances j all that the rectory of Kirk
llichael, with its appurtenances ; all that the rectory of Kirk Santon, with its appurten-
ances; together with all tenths and tythes of corn and grain yearly renewing and
increasing within the said rectories or the bounds, precincts, or tytheable places thereof,
and all other tythes and tenths whatsoever arising or payable within any of the rectories
or parishes aforesaid, or any part thereof, in as large, ample, and beneficial manner as the
said Earl, or his heirs, could or might in anywise use or enjoy the same, with all and
singular the appurtenances, to hold the several rectories and premises aforesaid, with the
appurtenances, to the said Bishop and Archdeacon, their executors and assigns, from
thenceforth for and during the term of ten thousand years, then next ensuing, and fully to
be complete and ended ; paying therefore yearly to the said Earl and his heirs, for the
said rectories of Kirk Christ Layer and Kirk Marown, the yearly rent of fourteen pounds
sixteen shillings and sixpence ; and also for the rectory of Kirk Manghell the yearly rent
of eight pounds ; and for the rectory of Kirk Lonan the yearly rent of six pounds ; and
for the said rectory of Kirk Conchan the yearly rent of one pound six shillings and eight-
pence ; and for the said rectory of Kirk Malow the yearly rent of twelve pounds ; and
for the said rectory of Kirk Arbory the yearly rent of three pounds; and for the said
rectory of Kirk Christ Rushen the yearly rent of eight pounds ; and for the said rectory
of Kirk Michael the yearly rent of eight pounds; and for the said rectory of Kirk Santon
the yearlj' ancient and accustomed rent; and also paying for all the said rectories, tythes,
and premises every thirtieth year, to the said Earl of Derby and his heirs, the rent of
one hundred and thirty pounds sterling ; the said annual reserved rents to be yearly pay-
able at the feast days and times formerly used and accustomed for pa3'ment thereof by
equal portions, and the said rent of one hundred and thirty pounds, every thirtieth j'ear
to be likewise paid at the feasts of Pentecost and St Michael the Archangel by equal
portions ; and it was thereby declared and agreed to be the true intent and meaning of
the said parties, that the interest, title, term, and estate in the said rectories, tythes, and
premises were thereby granted to the said Bishop and Archdeacon, their executors and
assigns as aforesaid only in trust, to the intent that the rents, issues, revenues, and clear
profits thereof, over and above the payment and satisfaction of the yearly and other rents
hereby reserved, should be from time to time and at all times thereafter during the said
term paid, employed, and disposed of for the increase and augmentation of the mainten-
ance and better support and livelihood of the ministers of the Gospel, settled and exercis-
ing their functions within the said Isle, and for or towards the erection of a free school
within the said Isle, or the maintenance of some schoolmaster or schoolmasters there, in
such manner and to be paid and distributed for the uses aforesaid, by such proportions
and to such persons as the said Bishop, duiing his continuance iu the same see and
168 APPENDIX NO. III.
bishoprick of Sodor and Man, and the said Jonathan Fletcher, daring his continuance of
his ecclesiastical promotion of Archdeacon within the said Isle, and afterwards, as the
several successors of the said Bishop and Archdeacon of the said Isle, together with two
other persons resident and inhabiting within the said Isle for the time being, and to be
nominated for that purpose by the said Earl or his heirs, under his or their hands and
seals respectively, or as any three of them, whereof the said Bishop for the time being to
be one, should think meet and convenient to order and dispose of the same ; and the said
Earl thereby for himself, his heii-s, executors, administrators, and assigns, covenanted,
promised, and granted to and with the said Bishop and Archdeacon, their heirs, executors,
administrators, and assigns, that he the said Earl would bj' fine, feoffment, or some other
good conveyance or assurance in law, within two years then next, at the request, costs,
and charges of the said Bishop and Archdeacon, or either of them, well and suflBciently
grant, convey, and assure unto the said Bisbop and Archdeacon, and their heirs for ever,
lands, tenements, and hereditaments within the county of Lancaster, of the real worth
and value of two thousand pounds to be sold ; which lands, tenements, and hereditaments
so conveyed, granted, or assured according to the tenor of the said Indenture, should be
■vested and settled in the said Bishop and Archdeacon, and their heirs, as a collateral and
further security for the quiet enjoyment of all the said several rectories, tythes, and
premises, with the appurtenances, during the said term of ten thousand years, under the
rents and reservations thereby reserved and made payable, and according to the trusts,
limitations, and appointments therein mentioned, without any manner of let or disturb-
ance of him the said Earl or his heirs, or of any person or persons lawfully claiming the
said rectories, tythes, and premises, every or any part thereof under him the said Earl, or
under James, late Earl of Derby, father of him the said Charles, their or either of their
assignee or assigns, or any other ancestor of the said Earl in anywise.
And whereas the said Charles, Earl of Derby, in pursuance of his covenant contained in
the aforesaid recited Purchase Deed, afterwards did by Indentures of lease and release,
Indentures bearing date on or about the twenty-sixth and twenty-ninth days of
dated 26th and Januarj'^, in the same year of our Lord One thousand six hundred and
29th January, sixty-six, and made or mentioned to be made between the said Charles,
Earl of Derby, of the first part ; the said Isaac, Lord Bishop of Sodor
and Man, and the said Jonathan Fletcher then Archdeacon of the said Isle, of the
second part; and Thomas Patten and Thomas Sympson, of the third part; reciting the
said Indenture of the first of November preceding to the effect herein-before recited, the
said Earl, by this last Instrument or Indenture, in consideration of the said sum of one
thousand pounds to him paid by the said Bishop and Archdeacon, and in perfonnance of
the covenant and agieement before recited, and to the intent and purpose that the manor
of Bispham, with its rights, members, and appurtenances, in the county of Lancaster
and the farm or tenement called Methop, with its appurtenances, and the rents and
services then due and payable for the same, and the reversion and reversions thereof,
(except as therein excepted,) might be and remain and stand firmly assured and conveyed
by the said Earl to the said Bishop and Archdeacon, and their heirs, and so remain
vested and settled in them and their heirs as aforesaid; as a further and collateral security,
and for the quiet enjoyment and possession of all the before-mentioned rectories, tythes,
hereditaments, and other the premises within the said Island, during the said term of
APPENDIX NO. III. 169
ten thousand years, under the rents and reservations, and for the uses, trusts, and
purposes aforesaid, according to the true intent and meaning of the said recited Indenture,
and for divers other good and valuable considerations, him the said Earl thereunto moving,
he the said Earl thereby granted, aliened, bargained, sold, enfeoffed, released, and con-
firmed unto the said Isaac, Lord Bishop of Sodor and Man, and Jonathan Fletcher,
Archdeacon of the said Isle, and their heirs, all that the manor or reputed manor of
Bispham , in the said county of Lancaster, with its rights, members, and appurtenances,
and all and singular his demesne lands in Bispham aforesaid, with the appurtenances,
and all and singular messuages, tenements, farms, lands, and hereditaments of him the
said Earl in Bispham aforesaid, with their and every of their appurtenances, and all
houses, edifices, buildings, profits, commodities, and advantages thereto belonging, or
reputed, or used as part, parcel, or member thereof, with all and singular the appurten-
ances, and the reversion and reversions, remainder and remainders, rents and services
j'early, and other profits of the said manor of Bispham, and of every part thereof, together
with the said farm or tenement called Methop, with its appurtenances, and the reversions
and remainders thereof, (except as therein excepted,) to hold the said manor or reputed
manor of Bispham, and the said farm and tenement called Methop, with the appurten-
ances, to the said Bishop and Archdeacon, their heirs and assigns for ever, nevertheless,
only in trust and upon confidence, that they and their heirs should permit the said Earl,
his heirs and assigns, peaceably and quietly to have, hold, and enjoy, the said manor of
Bispham, and the said farm or tenement called Methop, with the appurtenances, and to
take and receive the rents, issaes and profits thereof, to his and their own use from
thenceforth, for and during, and until the said Bishop and Archdeacon, their executors,
administrators, or assigns, or some of them, should be interrupted, molested, hindered,
or disturbed in the quiet and peaceable possession and occupation of the said rectories,
tythes, and premises, or any part thereof, by the said Charles, Earl of Derby, or any
lawfully claiming by, from, or under him, or by, from, or under James, late Earl of
Derby, father of him the said Charles, Earl of Derby, or by, from, or under any ancestor
of the said Charles, Earl of Derby, their, or any of their assigns ; and it was thereby
further agreed, that in case it should happen, that at any time thereafter, during the said
term of ten thousand years, the said Bishop and Archdeacon, their executors or assigns,
or any of them, should be in anywise hindered, molested, interrupted, or disturbed, in
the quiet and peaceable occupation or enjoyment of the said rectories, tythes, and
premises, or any part thereof, by the said Charles, Earl of Derbj', or his heirs, or any heir
or heirs of the body of any of his ancestors, or any person claiming under him or them,
that then and so often it should and might be lawful to and for the said Bishop and
Archdeacon, their heirs, and assigns, into the said manor of Bispham, (except as before
excepted,) and into the said farm or tenement called Methop, with the appurtenances,
wholly to re-enter, and the rents, issues and profits thereof to take and receive until they
should have thereby raised and received such sum and sums of money as should suffici-
ently from time to time recompence, satisfy, answer, and equalize all losses, damages, and
expences, w^hich might in anywise happen by reason of such interruption or hindrance as
aforesaid unto the said Bishop and Archdeacon, their heirs or assigns, or unto the trust
or pious and charitable work aforesaid, the trust thereby limited on behalf of the said
Earl and his heirs notwithstanding; and the said Earl thereby for himself, his heirs.
170
APPENDIX NO. III.
executors, and assigns, covenanted with the said Bishop and Archdeacon, and their heirs,
for the better assuring and conveying of the said manor of Bispham, and other the
premises in Bispham aforesaid, (except as therein is excepted,) and the said farm or
tenement called Methop, with the appurtenances, to permit the said Thomas Patten and
Thomas Sympson, within one year then next, to bring one or more writs of entry, sur
disseizin, against the Bishop and Archdeacon, before his Majesty's Justices of Assize at
Lancaster for the said manor of Bispham, with the appurtenances, in such manner as
should be by them or their counsel in that behalf required, to the intent, that one or
more common recovery or recoveries might be had thereof, according to the form of
recoveries in such case used in the said county palatine of Lancaster, the use of which
recovery was to be, that the parties thereto should stand seized of the said manor of
Bispham and farm called Methop, to the use of the said Bishop and Archdeacon, and
their heirs, subject to the trusts and limitations thereinbefore expressed : And whereas
the clergy and ministers of the Gospel, resident and exercising their functions within the
said Island, at the nomination and by the direction and appointment of the said Bishop
and Archdeacon for the time being, were from time to time inducted and put into posses-
sion of the said several and respective rectories and tythes within the said Island, and
received and enjoyed to their own proper use and behoof all and every the said tythes
and tenths whatsoever arising within the said rectories respectively, together with all
oblations, pensions, rates for tythes, offerings, sums of money in lieu of tythes, and all
other ecclesiastical rights and duties issuing out of and payable on account of the said
rectories respectivelj-, according to the true intent and meaning of the original Purchase
Deed, and conveyance thereof, from the time of the said purchase so made in the year
One thousand six hundred and sixty-six until the year One thousand seven hundi-ed and
thirtj'-six : And whereas, upon the death of the said last-mentioned James, Earl of
Derby, who died in the year One thousand seven hundred and thirty-five, all the limita-
tions in the before mentioned Act of Parliament contained, prior to the limitation to the
heirs of the said James, Lord Stanley, determined, and the most noble James, late Duke
of Atholl, entered upon and took possession of the said Isle and lordship of Man, and also
of the rectories, tythes, and other the premises, comprised in the said term of ten thou-
sand years, the said Duke claiming the same as heir at law of the said James, Lord
Stanley, in the said Act of Parliament mentioned: And whereas in the month of
November One thousand seven hundred and fortj'-two, Thomas, then Lord Bishop of
Proceedings Sodor and Man, and the Reverend John Kippax, Archdeacon of the said
in Chancery. Isle of Man, for and on behalf of the clergy and ministers of the Gospel,
resident and exercising their ministerial function within the said Island, and also of the
masters of the free schools within the said Island; exhibited their Bill in the High Court
of Chancery, against the Right honourable Edward the then Earl of Derby, theretofore
Sir Edward Stanley, Baronet, James, Duke of Atholl, and Isaac Olopton, the personal
representative of the said Isaac then late Bishop, and thereby pra3'ed that they might, on
the behalf of such clergy and schoolmasters, be decreed to have the benefit of the said
collateral security, and for that purpose the said plaintiffs or the defendant Isaac Clopton,
might be let into possession of the premises comprised in the said Indentures of the
twentj'-sixth and twenty-ninth days of January, One thousand six hundred and sixty-sir,
and that a sufficient part thereof might be set apart and allotted to secure, recompense,
APPENDIX NO. III. 171
and equalize to the plaintiffs the value of the rectory and tythes, which they had heea
dispossessed of hy the said James, then late Duke of Atholl, from the time they were so
dispossessed to that time, as well as for the time to come, and that in order to ascertain
the same, an annual value might be set on the said rectories and tythes, and the profits
and produce thereof, and a sum equal thereto be annually paid to the plaintiffs and their
successors, out of the said manor and premises in behalf of the poor clergy and school-
masters of the said Isle, or that otherwise the said manor and premises might be conveyed
to tnistees to be nominated hy the said Court of Chancery for the benefit of the poor
clergy and schoolmasters of the said Isle, and that they might have full satisfaction for
all damages, losses, and expences, which they had sustained in respect of the premises :
And whereas the said Edward, Earl of Derby, deceased, filed his cross bill to re-establish
his title to the said Isle of Man, rectories, and tythes : And whereas the causes came on
to be heard before the then Lord Chancellor, on or about the fifteenth day of July, which
was in the year of our Lord One thousand seven hundred and fifty-one, who dismissed
the cross bill so far as it sought to establish the grant for ten thousand years, and ordered
that it should be referred to Master Eldon, then one of the Masters of the said Court of
Chancery, to inquire for what time the plaintiffs the said Bishop and Archdeacon, or any
other persons claiming under the grant or demise dated the first day of November, One
thousand six hundred and sixty-six, had been molested, interrupted, hindered, or dis-
turbed, by the defendant the said James, Duke of Atholl, or any other person on his
behalf, in the quiet and peaceable possession and enjoyment of the receipt of the rectories,
tythes and premises, comprised in the said grant or demise, or in the receipt of the rents
and profits thereof or of any part thereof, and the said Master was to take an account
how much the said plaintiffs, the Bishop and Archdeacon, or any other persons claiming
under the said grant or demise, had been damnified by means of such interruption,
molestation, or disturbance, and the said Master was to state the clear amount of such
damnification down to the time of making the said decree; and it was further ordered
that the said Master should also take an account of the rents and profits of the manor of
Bispham and the farm and tenement called Methop, and other the premises, with the
appurtenances comprised in the said Deed of collateral security, which had been received
by the. said Earl of Derby, or by any other person by his order or for his use, since the
time of such interruption, molestation, hindrance, or disturbance; and out of what
should be coming on the said account, of rents and profits of the said premises, comprized
in the said Deed of collateral security, it was further ordered, that the said Earl of Derby
should pay to the plaintiffs in the original cause so much money as should appear to be
the clear amount of such damnification as aforesaid ; and that what should be so paid to
the plaintiffs in the original cause, should be disposed of, distributed, and paid by them,
according to the trusts mentioned and declared in and by the said grant and demise,
dated the first day of November, One thousand six hundred and sixty- six; audit was
further ordered, that the said Master should inquire and compute what might be the clear
annual value of the said rectories, tythes, and premises, comprised in the said grant or
demise, dated the first of November, One thousand six hnndred and sixty-six, for the
time to come, from the time to which the account thereby before directed should be
carried down ; and therein the said Master was to make a proportionable deduction and
allowance, for or in respect of the annual rent of sixty-two pounds ptr annum and
172 APPENDIX yo. III.
of the rent of one hundred and thirty pounds for every thirtieth year, reserved ou
the said grant or demise, and all other just allowances to all parties; and it was
further ordered, that so much monej' as the said Master should compute to be
the amount of the clear annual value of such rectories and tythes, after such deduc-
tions and allowances as aforesaid, should be paid by the said Earl of Derby, or by any
other person or persons, who should claim the premises comprized in the said Deed
of collateral security, by, from, or under the said Earl, out of the annual rents and
profits of the said premises, comprized in the said Deed of collateral security, to the
plaintiffs, the Bishop and Archdeacon, and to their successors in the said bishoprick and
archdeaconry for the time being, yearly and every year, or at the end of sis months after
the determination of every year, to be respectively disposed of, distributed, and paid by
them, from time to time, according to the trusts mentioned and declared, in and by the
said grant or demise of the first day of November, One thousand six hundred and sixty-
six ; and in case default should be made by the defendant the Earl of Derby, or any
person who should claim under him as aforesaid, in making any of the annual payments
before mentioned, it was further ordered, that the plaintiffs in the original cause shonld
be at liberty to apply to the said Court, from time to time, for further directions to
enforce the pajTuent thereof, as occasion should require; and it was further ordered, that
the said Earl of Derby should pay to the Bishop and Archdeacon, the plaintiffs in the
original pause, and defendants in the cross cause, their costs in both causes to that time,
to be settled by the said Master; and, as between them, his Lordship did reserve the
consideration of the subsequent costs to the said suits, and of all further directions, until
after the said Master should have made his report, and directions were thereby also given
touching the costs of the other parties ; and any of the parties were to be at libertj' to
resort to the Court, from time to time, as there should be occasion : And whereas in
pursuance of the said decree, the said Master, on the seventh day of July, One thousand
Eeport of the seven hundred and fifty-seven, made his report, and thereby certified
Master in that he found the clergy of the said Isle of Man were in the year One
Chancery. thousand seven hundred and thirty-six evicted by the defendant the
said James, Duke of AthoU, from the possession of the impropriate rectories and tythes
comprized in the aforesaid grant or demise, the rents and profits whereof had been
annually paid at Easter, and that the said clergy had been interrupted in the enjoyment
thereof for the year ending at Easter, One thousand seven hundred and thirty-
seven, and for the several succeeding years, and that the rents and profits of the said
impropriate rectories and tythes for the said year ending at Easter, One thousand seven
hundred and thirty-seven, and the several succeeding years down to Easter, Ooe thousand
seven hundred and fifty -one, had amounted to the several and respective sums particularly
mentioned and set forth in the first schedule to his said report annexed, making in the
whole of the currency of money of the Isle of Man the sum of Four thousand eight
hundred and ninety pounds, ten shillings and four-pence halfpenny, which sum being
reduced into sterling money did amount to the sum of Four thousand one hundred and
ninety-one pounds, seventeen shillings and five-pence three farthings ; and that the rents
and profits aforesaid were subject to several outgoings for proxies to the bishop, antient
stipends to vicars, Easter elements, repairs of chancels, and rents reserved by the said
grant or demise, over and above the resei-ved rent of one hundred and thirty pounds, for
APPENDIX NO. III. 173
every thirtieth year in the said decree mentioned, and which said One hundred and thirty
pounds became payable in the year One thousand seven hundred and fiftj'-six, and that
he had proceeded to calculate what annual sum ought to be allowed for the year ending
at Easter One thousand seven hundred and thirty-seven, and for every succeeding year
to Easter One thousand seven hundred and fifty-six, in lieu of the said reserved rent of
One hundred and thirty pounds, and it appearing to him that the said reserved rent of
One hundred and thirty pounds was by the aforesaid grant or demise intended to have
been payable in the Isle of Man, where the legal interest for money extended to six
pounds j?er centum, but where the most general rate was five pounds per centum, he had
thought fit to make the calculation aforesaid, after the rate of five pounds per centum,
and upon such calculation found that the sum of Three pounds eighteen shiUings and
sevenpence halfpenny ought to be allowed for the year ending at Easter One thousand
seven hundred and thirty-seven, and the like sum for every succeeding year, to Easter
One thousand seven hundred and fifty-six, in lieu of the said One hundred and thirty
pounds, payable as aforesaid ; and the said clergy of the Isle of Man, by the eviction
aforesaid, having become exempt from the trouble of collecting the rents and profits
aforesaid, and the expences and risque incident thereto, he had proceeded to consider what
ought to be deducted and allowed out of the aforesaid rents and profits, in respect of
such trouble, expences, and risque, and had thought fit to settle such allowance after the
rate of six pounds per centum on the gross amount of such rents and profits ; and the
said rents and profits to Easter One thousand seven hundred and fifty one, amounting
as therein-before was mentioned in sterling money to the sum of Four thousand one
hundred and ninety-one pounds seventeen shillings and fivepence three farthings, ha
found that the said allowance did amount in sterling money to the sum of Two hundred
and fifty-one pounds ten shillings and threepence ; and further certified, that he had in
the second schedule to his said Keport annexed, particularly stated and set forth in
sterling money the several out-goings and allowances to which the aforesaid rents and
profits were subject as aforesaid, for the said year ending at Easter One thousand seven
hundred and thirty-seven, and for every succeeding year, to Easter One thousand seven
hundred and fifty-one, and found that the several out-goings and allowances did amount
in the whole in sterling money to the sum of One thousand six hundred and sixteen
pounds ten shillings and one farthing, which sum being deducted out of the aforesaid
sum of Four thousand one hundred and ninety-one pounds seventeen shillmgs and five
pence three farthings, he found that the clergy claiming under the aforesaid grant or
demise had been damnified by the means aforesaid, down to the time of making the
aforesaid decree, to the clear amount of Two thousand five hundred and seventy-five
pounds seven shillings and fivepence halfpenny in sterling money ; and further certified,
that he had proceeded to take an account of the rents and profits of the manor of
Bispham, and the farm or tenement called Methop, and other the premises, with the
appurtenance comprized in the said Deed of collateral security, which had been received
by the said Earl of Derby, or by any other person by his order, or for his use, since the
time of the eviction aforesaid ; and found that the said Earl, or some other person by his
order, or for his use, had received by the rents and profits of the said premises, the several
sums of money mentioned and set forth in the third schedule to his said Report annexed,
amounting in the whole to the sum of One thousand seven hundred and seventy- three
U
174 APPENDIX NO. III.
pounds twelve shillings and ninepence halfpenny ; and that the said Earl, or some other
person by his order had paid, disbursed, and allowed for taxes, repairs, and other neces-
sary out-goings of the said premises, including the expences and salary of the bailiff, the
several sums of money particularly mentioned and set forth in the fourth schedule to his
said Eeport annexed, amounting in the whole to the sum of Three hundred and thirty
pounds seventeen shillings and one farthing, which several payments, disbursements, and
allowances, he had thought fit to allow ; and the said sum of Three hundred and thirty
pounds seventeen shillings and one farthing, being deducted out of the aforesaid sum oi
One thousand seven hundred and seventy-three pounds twelve shillings and ninepence
halfpenny, he found that the clear money received by the said Earl of Derby, or for his
use, by the rents and profits of the premises comprized in the said collateral security
from and to the respective periods of time mentioned in the aforesaid third schedule,
did amount to the sum of One thousand four hundred and forty -two pounds fifteen
shillings and ninepence farthing; and that he had proceeded to inquire into, and com-
pute what might be the clear annual value of the rectories, tythes, and premises^
comprized in the grant or demise therein-before mentioned, for the time to come, from
Easter One thousand seven hundred and fifty-one, the time to which the account therein
before mentioned to be taken thereof, was carried down, and in order to the computation
aforesaid, he had thought fit to take an account of the rents and profits of the said
rectories, tythes, and premises, from Easter One thousand seven hundred and fifty-one,
to Easter One thousand seven hundred and fifty-five, being four years, and of the out-
goings and allowances to which the said rents and profits were subject for the said period
of time, and found that the said rents and profits, for the said four years, did amount,
according to the currency of money in the Isle of Man, to the several and respective sums
mentioned and set forth in the fifth schedule to his said Report annexed, making in the
whole the sum of One thousand five hundred and forty-seven pounds five shillings and
one penny, which sum being reduced into sterling money, did amount to the sum of One
thousand three hundred and twenty -six pounds four shillings and fourpence halfpenny,
and found that the ont-goings and allowances to which the said rents and profits for the
said four years were subject, did amount to the several and respective sums mentioned
and set forth in the sixth schedule to his said Report annexed, making together in sterling
money the sum of Four hundred and fifty-six pounds ten shillings and tenpence three
farthings, in which sum were included proportionable deductions and allowances for and
in respect of the annual rents, and of the rent of One hundred and thirty pounds for
every thirtieth year, reserved on the aforesaid grant or demise, and the said sum of Four
hundred and fifty-six pounds ten shillings and tenpence three farthings, being deducted
out of the aforesaid sum of One thousand three hundred and twenty-six pounds four
shillings and fourpence halfpenny, he found that the clear value of the said rents and
profits for the said four years, did amount in sterling money to the sum of Eight
hundred and sixty-nine pounds thirteen shillings and fivepence three farthings, which,
upon an average, appeared to be after the rate of Two hundred and seventeen pounds
eight shillings and fourpence halfpenny a year, and upon the account and computation
aforesaid he thought fit to settle the amount of the clear annual value of the said rectory,
tythes, and premises, from Easter One thousand seven hundred and fifty-one to Easter
One thousand seven hundred and fifty -six, at the said sum of Two Luadred and seventeen
APPENDIX NO. III. 175
pounds eight shillings and fonrpence halfpenny in sterling money, in which computation
he bad made the allowance of Three pounds eighteen shillings and sevenpence halfpenny
a year, tberein-before settled in lieu of the One hundred and thirty pounds, payable in
the year One thousand seven hundred and fifty-six ; and that he bad proceeded to calcu-
late what annual sum ought to be allowed for the year ending at Easter One thousand
seven hundred and fifty-seven, and for every succeeding year, in lieu of the future pay-
ments of One hundred'and thirty pounds for every thirtieth year, valuing the interest of
money at five pounds iper centum, and found that the annual sum of One Pound nineteen
shillings and one penny halfpenny ought to be allowed ; which sum of One Pound nine-
teen shillings and one penny halfpenny was less than the sum of Three pounds eighteen
shillings and sevenpence halfpenny, the said former annual allowance to Easter One
thousand seven hundred and fifty-six, by the sum of One pound nineteen shillings and
sixpence, by means of which difference the sum of Two hundred and seventeen pounds
eight shillings and fourpence halfpenny, settled as the amount of the clear annual value
of the said rectories, tythes, and premises, from Easter One thousand seven hundred and
fift}--one to Easter One thousand seven hundred and fifty-six as aforesaid, would from
Easter One thousand seven hundred and fifty-six, and for the succeeding years, be
increased to the sum of Two hundred and nineteen pounds seven shillings and tenpence
halfpenny ; and the said Master further certified, that be had taxed the parties' costs to
the time of the aforesaid decree, in manner thereby directed, aud as was stated in the said
Report : And whereas by an order made in the said causes on the eleventh day of March
Further Pro- ^'^^ thousand seven hundred and fiftj'-eight, it was ordered, that it
ceedings in should be referred back to the said Master to take an account of the
Chancery. rents and profits of the estates comprized in the said Deed or collateral
security for seven years last past, immediately preceding the then last Easter Day,
including the rents received, or which ought to have been received at that season, and to
distinguish what the same had produced upon a medium for each of the said seven years;
and the said Master was likewise to enquire what lives were subsisting on leases upon any
part of the said estates, and the annual value of such estates in lease, if the same were to
to he let at the best rack rent that could be got for the same, and the said Master was
also to inquire into the respective ages of the several lives subsisting upon such respective
leases, and likewise what was the value of the reversion of such respective leases to be
sold, subject to the respective lives thereon, and to state the same to the Court, and the
said Master was also to compute what annual sum of money such respective leasehold
estates would produce, in case the same were continued to be renewed according to the
course and method of renewal in such part of the country, and to state the same to the
Court ; and his Lordship did reserve the consideration of subsequent costs and all further
directions, until after the said Master should have made his Report : And whereas by an
order made in the said causes on or about the eleventh day of May One thousand seven
hundred and fifty-eight, it was ordered, that upon the Earl of Derby's consenting to pay,
within two months from that time, to Hugh Hammersley, Gentleman, by the consent of
and for the use of the said Bishop and Archdeacon, (to be disposed of, distributed, and
paid by them according to the directions of the decretal order made on the hearing these
causes, the sum of One thousand one hundred aud thirty-two pounds eleven shillings
176 APPENDIX NO. III.
and eigbtpence farthing sterling, being the clear amount settled by the said Master's
Report, made in the said causes, dated the seventh day of July One thousand seven
hundred and fifty-one), of the damnification sustained by the clergy claiming under the
grant or demise, dated the first day of November One thousand six hundred and sixty-
six as aforesaid, in the said decree mentioned, by means of their eviction from the rectories
and tythes in question in the said causes, down to Easter One thousand seven hundred
and fifty-one, (after deducting the sum of One thousand four hundred and forty-two
pounds fifteen shillings and ninepence farthing, before paid by the said Edward Earl of
Derby, on account thereof, pursuant to an order made the second day of August then
last, and also the sum of One thousand and eighty-seven pounds one shilling and ten
pence halfpenny sterling, being the amount of the clear yearly value of the said rectories
and tythes for five years, from Easter One thousand seven hundred and fifty -one, to
Easter One thousand seven hundred and fiftj'-six, at the rate of Two hundred and
seventeen pounds eight shillings and fourpence halfpenny a year, as estimated b}' the
said Report, and also the further sum of Four hundred and thirtj'-eight pounds fifteen
shillings and ninepence sterling, being the amount of the clear yearly value of the said
rectories and tythes for the two succeeding years, from Easter One thousand seven
hundred and fifty-six, to Easter One thousand seven hundred and fifty eight, at the
yearly rate of Two hundred and nineteen pounds seven shillings and tenpence halfpenny,
as also estimated by the same Report, the order made upon the hearing of the said causes
for further directions upon the Master's Report, and as to the matter of subsequent costs
reserved by the said decree, dated the eleventh day of March One thousand seven
hundred and fifty-eight, should be discharged ; and that upon the said Edward Earl of
Derby's undertaking to pay to the Bishop and Archdeacon of the said Isle for the time
being, to be disposed of as aforesaid, the said yearly sum of Two hundred and nineteen
pounds seven shillings and tenpence halfpenny, being the clear annual value of the said
rectories and tythes for the time then to come, from Easter One thousand seven hundred
and fifty-eight, as the same should from time to time become due by yearly paj'ments, to
be made in sterling money to the said Bishop and Archdeacon, or their order, at the
Town Hall in Liverpool, on every Easter Monday between the hours of twelve and one
of the clock at noon, the firet payment to be made on Easter Mondaj' One thousand
seven hundred and fifty-nine, the said Edward Earl of Derby, should be continued in
the possession of the manor of Bispham, and the farm or tenement called Methop, and
other the premises comprized in the Deed of the twenty-ninth day of January One
thousand six hundred and sixty-six, in the decree mentioned, and to be at liberty to let
leases thereof from time to time, as there should be occasion, for the best improved rents
that could be got for the same^ subject to the further order of the Court, the said Bishop
and Archdeacon agreeing to waive and relinquish all demand of subsequent costs reserved
by the said decree : And whereas the said annual sum of Two hundred and nineteen
pounds seven shillings and tenpence halfpenny, directed to be paid by the before recited
order of the eleventh day of May One thousand seven hundred and fifty-eight, to the
said Bishop and Archdeacon for the time being, or their order, hath been regularly paid
to Easter One thousand eight hundred and nine : And whereas the said Edward, late
Earl of Derby, is since dead, leaving Edward Smith Stanley, now Earl of Derby, bis
APPENDIX NO. III. 177
grandson and heir at law : And whereas the Right Eeverend Claudius Criggan, is now
Lord Bishop of Sodor and Man: And whereas by Indentures of Lease and Release,
bearing date respectively, the twenty-seventh and twenty-eighth days of
Indentures ,, . , „ -r ■, r^ ., , , i i -i
dated 27th May, m the year of our Lord One thousand seven imndred and seventy-
and 28th May, eii,'ht, and made between the said Edwai-d, now Earl of Derby, and the
^'^'^^- Eight Honourable Elizabeth, late Countess of Derby, then his wife, and
since deceased, of the first part; the Honourable Thomas Smith Stanley, brother of the
said Edward, now Earl of Derb}', and Geoflfrey Hornby, the younger, of Preston, in the
county of Lancaster, Esquire, of the second part ; Alexandei", afterwards Earl of Rosslyn,
then Alexander Wedderburn, Esquire, his Majesty's Solicitor General, and Andrew
Stuart, Esquire, one of the Keepers of his Majesty's Signet in Scotland, of the third part;
the Most Noble Douglas, Duke of Hamilton and Brandon, and Sir Watts Hortouj
Baronet, of the fourth part; John Burgoyne, Esquire, Lieutenant General of his
Majesty's Forces, of the fifth part; and the Reverend John Stanley, rector of Winwick,
in the said county of Lancaster, of the sixth part ; (being the settlement executed in
pursuance of an Indenture quadrupartite, bearing date the twenty-third day of June One
thousand seven hundred and seventy-four, and made or expressed to be made, between
the said Edward, Earl of Derby, of the first part ; the said Elizabeth, Countess of Derby,
then the Right Honourable Lady Elizabeth Hamilton, of the second part; the said
Alexander Wedderburn, and the said John Stanley, of the third part ; and the said John
Burgoyne and Andrew Stuart, of the fourth part) ; the said manors, messuages, lands,
and hereditaments, mentioned and contained in the said in part recited Indenture of the
twenty-ninth day of January One thousand six hundred and sixty-six, were, together
with ot^er hereditaments, granted and conveyed unto the said Thomas Smith Stanley
and Geoffrey Hornby, their heirs and assigns, to the uses in the said Indenture of Release
expressed and contained, of and concerniug the same and herein-after in part mentioned,
tliat is to say, to the use of the said Alexander Wedderburn, afterwards Earl of Rosslyn,
and Andrew Stuart, their executors, administrators, and assigns, for the term of one
hundred years, to be computed from the decease of the said Edward, late Earl of Derby,
if tlie said Edward, now Earl of Derby, and Elizabeth, Countess of Derby, then his wife,
should both so long jointly live, upon certain trusts for securing to the said Elizabeth,
then Countess of Derby, during the joint lives of her and the said Edward, now Earl of
Derby, an annual sum of Eight hundred pounds for her separate use, in the nature of
pin money ; and after the expiration or sooner determination of the said term of One
hundred years, to the use of the said Edward, now Earl of Derby, and his assigns for his
life, without impeachment of waste ; with remainder to certain trustees therein named,
and their heirs during his life, upon trust to pi-eserve the contingent remainders from
being defeated or destroyed ; and after his decease to the use, intent, and purpose, that
the said Elizabeth, Countess of Derby, and her assigns, (if she should survive the said
Earl,) should receive yearly, during the term of her life for her jointure, and in lieu and
bar of dower, one yearly rent or sum of Three thousand pounds, to be issuing and payable
out of the said hereditaments, clear of all deductions, with usual powers and remedies of
entry and distress, and detention of possession, and perception of the rents, issues, and
profits for recovering, and enforcing the payment of the same when in arrear, and
subject thereto, to the use of the said Alexander Wedderburn, (afterwards Earl of
178 APPENDIX NO. III.
Eosslyn,) and Andrew Stuart, their executors, administrators, and assiRns, for the term
of two hundred years upon certain trusts, for further and better securing the said annual
sum or yearly rent of Three thousand pounds ; and after the expiration or sooner deter-
mination of the said term of two hundred years, to the use of the said Douglas, Duke of
Hamilton and Brandon, and Sir Watts Horton, their executors, administrators, and
assigns, for the term of one thousand years, for the purpose of raising portions for the
daughters and younger sons of the said marriage, in manner therein mentioned ; with
remainder to the first and every other son of the said Edward, now Earl of Derby, by the
Baid Elizabeth, then Countess of Derby, severally and successively according to their
respective seniorities in tail male ; and for default of such issue, to the use of the said
Edward, now Earl of Derby, his heirs and assigns for ever: And whereas the said
Edward, Earl of Derby, intermarried with the said Lady Elizabeth Hamilton, on or about
the twenty-third daj- of June One thousand seven hundred and seventy-four, and had
issue by her one son only, namely, Edward Stanley, commonl}' called Lord Stanley, and
two daughters, and no other issue : And whereas the said Edward, Lord Stanley hath
attained his age of twenty-one years ; And whereas the said Elizabeth, Countess of Derby,
gome time since departed this life : And whereas the said Claudius, Lord Bishop of Sodor
and Man, and Daniel Mylrea, Archdeacon of the said diocese, on behalf of the poor clergy,
ministers of the Gospel, resident and exercising their ministerial functions within the
said Island, and also on behalf of the master of the Free School within the said Island,
filed their bill of revivor and supplement in Easter term One thousand eight hundred
and nine, against the said Edward, Earl of Derby, and Sir Vicary Gibbs, Knight, his
Majesty's Attorney General, stating the said bill filed in Michaelmas term One thousand
seven hundred and forty-two, and the said answer, and the said decree and proceedings
thereon ; and that the said Earl of Derby departed this life some time since, leaving
Edward Smith Stanley, now Earl of Derby, his grandson and heir at law, him surviving;
and that the said Isaac Clopton departed this life some time since, without devising his
legal estate in the said premises herein-before mentioned, and without leaving any person
his heir at law, and therefore that the said Sir Vicary Gibbs, Knight, his Majesty's Attor-
ney General, on behalf of his Majesty, insisted that the interest of the said premises devolved
to his Majesty, and that the said suit became abated bj' the deaths of the said Edward,
Earl of Derby, and Isaac Clopton, and that the said complainants were entitled, as they
were advised, to have the same revived against the said Edward Smith Stanley, Earl of
Derby, as the grandson and heir at law of the said Edward, Earl of Derby, deceased, and
Sir Vicary Gibbs, his Majesty's Attorney General, and restored to the same plight and
condition in which they were at the time of the respective deaths of the said Edward
Further Pro- ^^^^ ^^ Derby, and Isaac Clopton ; it was therefore prayed, that the said
eeedingg in plaintiffs might have the benefit of the said suit and proceedings therein.
Chancery. against the said defendants respectively, in like manner as they could
have had against the said Edward, Earl of Derby and Isaac Clopton, if they had been
living ; and that it might be referred to one of the Masters of the said Court, to inquire
the annual value of the said rectories, advowsons, donations, and right of patronage of
all hospitals, churches, vicarages, chapels, and all other entail benefits whatsoever, as
well spiritual as temporal, with their appurtenances, arising within the said Island, from
Easter Odc thousand eight hundred and eight, the time the said sum of Two hundred
APPENDIX NO. III. 179
and nineteen pounds seventeen shillings and tenpence halfpenny had ceased to have been
paid, and to take an account how much the complainants, the Bishop and Archdeacon,
and other persons claiming under the Grant mentioned in the original Bill, had been
damnified by not receiving the actual value of the rectory and tythes during such time;
and that the said Master might take an account of the rents of the manor of Bispham,
and the farm called Methop, and also all other the premises, with the appurtenances
comprized in the Deed of collateral security, which had been received by the said Edward
Smith, Earl of Derby, or by any other person or persons by his order, or for his use,
since Easter One thousand eight hundred and eight, the time the said Two hundred and
nineteen pounds seventeen shillings and tenpence halfpenny a year ceased to be paid ;
and that what the said Master should compute to be the amount of the clear annual
value of such rectories and tythes might be directed to be paid by the said Edward Smith,
Earl of Derby, or by any other person who should claim the premises comprized in the
said collateral security under the said Edward Smith, Earl of Derby, under the annual
rents and profits of the said premises, to the plaintiffs, to be distributed by them accord-
ing to the trusts declared by the said Grant of the first of November One thousand six
hundred and sixty-six : And whereas the said Edward, now Earl of Derby, put in his
answer to the said Bill of Revivor and Supplement, and insisted upon the matters and
things therein stated and set forth, in bar of the demands of the plaintifis ; and particu-
larly the said defendant insisted on the said final Order of the eleventh of May One
thousand seven hundred and fifty-eight, by which said Order, as the said defendant was
advised, the amount of the recompence provided by and out of the said collateral security,
and of the damnification sustained, was fixed and ascertained for the future at the said
yearly sum of Two hundred and nineteen pounds seven shillings and tenpence halfpenny :
And whereas by virtue of an Order of the said Court of Chancery, the said plaintiff's
amended their said Bill of Revivor and Supplement, by making the said Edward, Lord
Stanley, a party to the said suit , but no further proceeding hath been had in the said
cause: And whereas, by Articles of Agreement, bearing date the sixteenth day of
February in this present year One thousand eight hundred and eleven,
A!<reement £"id made or expressed to be made between the said Edward, now Earl
dated 16th of Derby, of the first part ; the Most Noble John, Duke of AthoU,
February 1811, jfnight of the most ancient Order of the Thistle, Governor of the Isle of
recited.
Man, of the second part; and the said Edward, Lord Stanley, Claudius,
Lord Bishop of Sodor and Man, Daniel Mylrea, Archdeacon of the said Island, William
Scott, Receiver General of the said Island, John Cosnahan, of the said Island, Esquire,
which said William Scott and John Cosnahan had been appointed joint trustees with the
said Bishop and Archdeacon, for the purposes mentioned in the said Indenture of the
first day of November One thousand six hundred and sixty-six, by the said John, Duke
of AthoU, who is the right heir of Charles, Earl of Derby, party to the said Indenture of
the first day of November One thousand six hundred and sixty-six, the Reverend the
Vicar General and Vicar of Malew in the said Isle, the Reverend the Vicar General and
Vicar of Saint Anue in the said Isle, the Reverend the Vicar of Rushen in the said Isle,
the Reverend the Vicar of Jurby in the said Isle, the Reverend the Vicar of Lonnan in
the said Isle, the Reverend the Vicar of Kirk Braddan in the said Isle, the Reverend the
Vicar of Conchan in the said Isle, the Reverend the Vicar of German in the said Isle, the
180 APPENDIX NO. III.
Reverend the Vicar of Michael in the said Isle, the Reverend the Vicar of Kirk Patrick
in the said Isle, the Reverend the Vicar of Kirk Maughold in the said Isle, the Reverend
the Vicar of Lezayre in the said Isle, the Reverend the Vicar of Marown in the said Isle,
and the Reverend the Vicar of Arbory in the said Isle, of the third part ; reciting as or
to the effect hereinbefore recited ; and also reciting that the said Edward, Earl of Derby,
and Edward, Lord Stanley, and the said John, Duke of Atholl, Claudius, Lord Bishop of
Sodor and Man, Daniel Mylrea, Archdeacon of the^lsaid Isle, and William Scott, Receiver
General of the said Isle, and the said John Cosnahan, on behalf of themselves and the
clergy of the said Isle, being desirous to prevent any litigation that might thereafter
arise, touching or concerning the said annual sum of Two hundred and nineteen pounds
seven shillings and tenpence halfpenny, so settled and reported by the said Master Eld
to be the amount of the said annual value of the said rectories, tythes, and premises, from
which the said Isaac, late Lord Bishop of Sodor and Man, and Jonathan Fletcher, were
so evicted as aforesaid, had agreed that the sum of Sixteen thousand pounds of lawful
money of Great Britain should be paid by the said Edward, Earl of Derby, to the said
John, Duke of Atholl, Claudius, Lord Bishop of Sodor and Man, and Daniel Mylrea,
William Scott, and John Cosnahan, to be applied for the benefit of the clergy of the said
Isle, in manner thereinafter mentioned ; and that the said manor and premises in the
said county of Lancaster should be exonerated, freed, and discharged from the payment
of the said sum of Two hundred and nineteen pounds seven shillings and tenpence
halfpenny, and every other payment to which the same were liable, under and bj' virtne
of the said Indentures of the twenty-sixth and twenty-ninth days of January One thou-
sand six hundred and sixty-six ; and had also agreed to make an appHcation for an Act
of Parliament, to enable them to carry the said Agreement into effect, in manner herein-
after mentioned ; it was therefore witnessed, that it was thereby covenanted, concluded,
declared, and agreed upon, that as soon after the execution of the said Articles as the
same could be done, they, and every of them, should apply to the Legislature for an Act
of Parliament, for freeing, exonerating, and discharging the said manor and premises in
the said county of Lancaster, so comprized in the said Indentures of the twenty-sixth and
twenty-ninth days of January One thousand six hundred and sixty-six, as aforesaid ;
and in the said Articles and Settlement so executed, on the marriage of the said Edward,
Earl of Derbj', and Elizabeth, Countess of Derby, his wife, of and from the payment of
the said annual sum of Two hundred and nineteen pounds seven shillings and tenpence
halfpenny , and of and from every other annual payment, to or with which the said
manor and premises was or were subject or liable, or charged, by the said Indenture of
Release of the twenty- ninth day of January One thousand six hundred and sixty-six;
and also of and from all and every the uses, trusts, estates, intents, purposes, powers,
provisoes, conditions, declarations, and agreements to, for, or with which the said manor
and premises were by the said Articles and Settlement, or either of them, limited and
charged, or agreed to be limited and charged ; and also for vesting the said manor and
premises so exonerated and discharged in Geoffrey Hornby, Rector of Winwick, in the
county of Lancaster, Clerk, to the use of Thomas Graham, of Lincoln's Inn, in the county
ot Middlesex, Esquire, and George Kinderley, of the same place, Gentleman, their
executors, administrators, and assigns, for and during the full end and term of five
hundred years, to be computed from the day next before the day of the date of the
APPENDIX NO. III. 181
said Articles of Agreement, Deed, or Instrument, now in recital, and thenceforth next
ensuing, and fully to be compleat and ended without impeachment of or for any manner
of waste; but nevertheless upon the trusts, and for the intents and purposes thereinafter
mentioned, of and concerning the same (that is to say) upon trust, that the said Thomas
Graham and George Kinderley, or the survivor of them, or the executors, administrators,
or assigns of such survivor, should as soon as the same could he done after the passing of
the said proposed Act of Parliament, by mortgage, sale, or other disposition of all or any
part of the premises comprized in the said term of five hundred years, for all or any part
of the said term, or by, with, and out of the rents, issues, and profits of the manor and
premises comprized therein, or by any other ways or means, as to them the said Edward
Earl of Derb}', and Edward Lord Stanley, their executors, administrators, or assigns,
should seem meet, levy and raise the clear sum of Sixteen thousand pounds of lawful
money of Great Britain, with interest for the same from the date of the said recited
Articles of Agreement, and pay the same to the said John Duke of AthoU, Claudius
Lord Bishop of Sodor and Man, Daniel Mylrea, William Scott, and John Cosnahan, and
their successors, to be by them applied as aforesaid, and that subject to the said term of
five hundred years, and to the trusts thereof, the said manor and premises should be and
remain in the said Geoffrey Hornby and his heirs, to the several uses, upon the several
trusts, to and for the several ends, intents, and purposes, and subject to, with, and under
the several powers, provisoes, conditions, declarations, and agreements in the said Inden-
ture of the twenty-eighth day of May, One thousand seven hundred and seventy-eight,
expressed and declared of and concerning the said manor and premises, or such and so
many of them as should be then subsisting and capable of taking effect; and it was
thereby further declared and agreed that he the said Edward Earl of Derby, his heirs,
executors, or administrators, should and would well and truly pay or cause to be paid
unto the said John Duke of Atholl, Claudius Lord Bishop of Sodor and Man, Daniel
Mylrea, William Scott, and John Cosnahan, or their successors as aforesaid, in addition
to and together with the said sum of Sixteen thousand pounds, all the arrears of the
aforesaid annuity or yearly sum of Two hundred and nineteen pounds seven shillings and
tenpence halfpenny, up to Easter Day One thousand eight hundred and nine, (which
from that time should cease and be no longer paid,) and also all such costs, charges, and
expences as they the said John Duke of Atholl, Claudius Lord Bishop of Sodor and Man,
Daniel Mylrea, William Scott, and John Cosnahan, or any of them, should or might have
incurred or sustained, or be liable to pay for or on account of the obtaining and passing
the said intended Act of Parliament, or in anywise relating thereto, and that upon the
passing of the said intended Act of Parliament, the said Bill of Revivor and Supplement
should be dismissed, and each of the said parties, plaintiffs and defendants, should pay their
own costs : And whereas it appears by the Schedule hereunto annexed, that the said sum of
Sixteen thousand pounds is an adequate compensation for the said rectories and tythes,
therefore it will be greatly for the benefit and advantage of all persons who are parties to
the said Articles of the sixteenth day of February last past, and of all persons who are
now, or hereafter may be, seized, possessed of, or entitled to any estate or interest of or in
the said rectories, tythes, and premises so comprized in the said Indenture of Demise of
the first day of November One thousand six hundred and sixty-six, or of or in the manor
and hereditaments comprized in the said Indentures of Lease and Belease of the tvrenty-
X
182 APPENDIX NO. III.
sixth and twenty-ninth daj'S of January One thousand sir hundred and sixty-six, and the
said Indentures of Lease and Release of the twenty-seventh and twenty-eighth days of
May One thousand seven hundred and seventy- eight, that the said Articles of the six-
teenth day of February last past should be caiTied into execution (but subject and
without prejudice to the provisions made by the said Indentures of the twenty-seventh
and twenty-eighth days of May One thousand seven hundred and seventy-eight, for the
younger children of the said Edward now Earl of Derby, by the said Elizabeth then
Countess of Derby his wife, and the term of one thousand years thereby created for
Becnring the same) but the said purposes cannot be effected without the aid and authority
of Parliament : Wherefore your Majesty's most dutiful and loyal subjects, the said John
Duke of Atholl, and Edward Earl of Derby, and Edward Lord Stanley, beseech your
Majesty, acd the said Claudius Lord Bishop of Sodor and Man, Daniel Mylrea, Arch-
deacon of the said Isle of Man, and the said William Scott, and John Cosnahan, as
trustees for the clergy of the said Isle of Man, do most humbly beseech your Majesty
that it may be enacted ; and be it enacted by the King's most excellent Majest3', by and
with the advice and consent of the Lords spiritual and temporal, and Commons, in this
present Parliament assembled, by the authority of the same. That the said recited
Eecited Arti- Articles of Agreement of the sixteenth day of February last past, and all
cles of Agree- the covenant clauses, stipulations, declarations, and agreements therein
firmed exeent co^'t^ii^^'^) shall be, and the same are hereby ratified, confirmed, and
as herein established, according to the tenor, purport, and true intent and meaning
mentioned. of the same, save and except as hereinafter is mentioned; and for
rendering the same Articles of Agreement more valid and effectual for the purposes
Manor of thereby intended, it is hereby further enacted, that the said manor, or
Bispham, &c. reputed manor of Bispham, in the said county of Lancaster, and the
exonera e demesne lands of the said manor, and the farm and tenement called
from certain '
Payments and Methop, and all and singular other the messuages, tenements, farms,
vested in lands, and hereditaments of the said Charles formerly Earl of Derby, in
TrustcGS for
the Durooses Bispham aforesaid, and which by the said Indentures of Lease and Re-
herein men- lease of the twentj^-sixth and twenty-ninth days of January One thousand
tioned. gj^ hundred and sixty-six, were by the said Charles Earl of Derby granted
and conveyed unto and to the use of the said Isaac then Lord Bishop of Sodor and Man,
and the said Jonathan Fletcher, then Archdeacon of the Isle of Man, and their heirs,
upon the trusts and for the intents and purposes in the said Indenture of Release declared
of and concerning the same, together with all and singular houses, out-houses, cottages,
edifices, buildings, barns, byers, coach-houses, stables, dove-cots, yards, gardens,
orchards, backsides, tofts, crofts, lands, meadows, pastures, heaths, moors, marshes,
waters, waste grounds, folds, fold-courses, and liberty of foldage, feedings, parks, waters,
commons, mulctures, customs, tolls, duties, furzes, trees, woods and uuder-woods, and
the ground and soil thereof, mounds, fences, hedges, ditches, freeboards, ways, waters,
watercourses, fishings, fisheries, fowlings, courts leet, courts baron, perquisites and profits
of courts, view of frankpledge, and all that to the view of frankpledge doth belong,
reliefs, heriots, fines, amerciaments, sums of money, goods and chattels of felons, felons of
themselves, fugitives, and outlawed persons, deodands, waifs, estrays, chief rents, rents
charge, rents seek, rents of assize, fee farm rents, boons, services, royalties, jurisdictions,
APPENDIX NO. III. 183
franchises, liberties, privil^es, easements, profits, commodities, emoluments, heredita-
ments, and appurtenances whatsoever to the said manor, messuages, lands, tenements,
cottages, hereditaments, and premises belonging, or in anywise appertaining, or with the
same, or any of them respectively, now or at any time or times heretofore demised, leased,
held, used, occupied or enjoyed, or accepted, reputed, deemed, taken, or known as part,
parcel, or member of them, or any of them, or appurtenant thereunto, with their and
every of their rights, members, and appurtenances, and the reversion and reversions,
remainder and remainders, yearly and other rents, issues, and profits of all and singular
the said premises, shall, from and immediately after the passing of this Act, be, and the
same are hereby freed and absolutely acquitted, exonerated, and for ever discharged of
and from the payment of the said annual sum of Two hundred and nineteen pounds
seven shillings and tenpence halfpenny; and of .and from every other annual sum, to or
• with which the said manor, lands, tenements, hereditaments, and premises were made
subject, liable, or charged, by the said recited Indenture of the twenty-sixth and twenty-
ninth days of January One thousand sis hundred and sixty-six ; and also of and from all
and every the uses, trusts, intents, purposes, powers, provisoes, declarations, and agree-
ments in and by the said recited Indenture of the twenty-third day of June One thousand
seven hundred and seventy-four, and the said Indentures of Lease and Release of the
twenty-seventh and twenty-eighth days of May One thousand seven hundred and seventy-
eight, limited, provided, expressed, or declared, of and concerning the premises, (save and
except and subject and without prejudice to the said term of one thousand years by the
said Indenture of the twenty-eighth day of May One thousand seven hundred and
seventy- eight limited to the said Douglas Duke of Hamilton and Sir Watts Horton, their
executors, administrators, and assigns, for the purposes of raising provisions for the
daughters and younger sons of the said Edward now Earl of Derby, by the said Elizabeth
then Countess of Derby, his wife as aforesaid) ; and that the said manor, lands, tenements,
hereditaments, and premises, so freed, acquitted, exonerated, and discharged, (save and
except, and subject nevertheless as aforesaid), shall, from and immediately after the
passing of this Act be settled upon and vested in, and the same are hereby settled upon
and vested in the said Geofirey Hornby and his heirs, to the use of the said Thomas
Graham and George Kinderley, their executors, administrators, and assigns, for and
during, and unto the full end and term of five hundred years, to be computed from the
day next before the day of the date of the said Articles of the sixteenth day of February
last past, and from thence next ensuing, and fully to be complete and ended, without
impeachment of or for any manner of waste ; but nevertheless, upon the trusts, and for
the ends, intents, and purposes, and subject to and with the powers, provisions, declara-
tions, and agreements hereinafter expressed or declared of and concerning the same, and
that subject to the said term of five hundred years, and to the trusts thereof, the said
manor, lands, tenements, hereditaments and premises, shall be settled upon and vested
in, and the same are hereby settled upon and vested in the said Geoffrey Hornby and his
heirs, to such of the uses, upon such of the trusts, and for the several ends, intents, and
purposes, and subject to, with, and under the several powers, provisoes, conditions,
declarations, and agreements, in the said Indenture of Release of the twenty- eight day of
May One thousand seven hundred and seventy-eight, expressed or declared of and con-
cerning the same, or as are now existing and capable of taking effect.
184 APPENDIX NO. III.
II. And it is hereby further enacted and declared, That the said manor, messuages,
lands, tenements, hereditaments, and premises, are hereby vested in the said Thomas
Trustees to GrahamJ and George Kinderley, their executors, administrators, and
raise £16,000. assigns, for the said term of five hundred years, upon the trust and for
the intents and purposes hereinafter mentioned, that is to sa}', upon trust that they the
said Thomas Graham and George Kinderlej', or the survivor of them, or the executors,
administrators, or assigns of such survivor, do and shall with all convenient speed after
the passing of this Act, by mortgage, sale, or other disposition, of all or any part of the
premises comprised in the said term of five hundred years, for all or any part of the said
term, or by, with, and out of the rents, issues and profits of the said manor and premises
comprised therein, or by any other reasonable ways or means, levy and raise the sum of
Sixteen thousand pounds of lawful monsy of Great Britain, together with interest for the
same, after the rate of Five pounds for every One hundred pounds by the j'ear, to be
computed from the sixteenth day of Febniary last past, (being the day of the date of the
said recited Articles of Agreement) and that the said sum of Sixteen thousand pounds
shall, by the person or persons advancing the same, be paid into his Majesty's High
Court of Chancery in Great Britain, and shall, under the directions of the said Court, be
applied in the manner hereinafter expressed and contained of or concerning the same.
III. And be it further enacted, That all the interest of the said sum of Sixteen
thousand pounds, which shall have accrued or become due from the day of the date of the
Interest to ^^^^ Articles of Agreement, and be unpaid at the time of the passing of
be paid half this Act, shall be paid and payable immediately after the passing of the
yearly. same; and that the interest which shall become due and payable after
the passing of this Act shall be raised and paid by two equal half-yearly payments in
every year j and that the first half-yearly payment of the same shall be made at the
expiration of six calendar months next after the passing of this Act.
IV. And it is hereby further enacted, That the said Thomas Graham and George
Kinderley, and the survivor of them, and the executors, administrators, and assigns of
After paying ^^'^^ snrvivor, shall from time to time pay such of the rents, issues, and
the Interest, profits of the said manor, hereditaments, and premises, as shall remain
^^° ° after or not be applied on or for answering the trusts and purposes afore-
to Earl Derby, said unto, or permit the same to be received by the said Edward now
&c. Earl of Derby, and his assigns, during his life, and «fter his decease to
and by the person or persons who, under or by virtue of the limitations contained in the
said Indenture of the twenty-eighth day of May One thousand seven hundred and
seventy- eight, shall for the time being be entitled to the same manor, hereditaments, and
premises, in remainder or reversion immediately expectant on the determination of the
said term of five hundred years, for his and their proper use and benefit.
V. Provided always, and it is hereby further enacted and declared, That when the
trusts hereinbefore expressed and contained, of and concerning the said term of five
When Trust hundred years, shall be performed, and the said Thomas Graham and
to cease. George Kinderley, and each of them, their and each of their executors,
administrators, and assigns, shall be fully reimbursed and satisfied, all costs, charges, and
expences, to be occasioned by or relating to the said trusts, the said term of five hundred
APPENDIX NO. III. 185
years shall, sabject to any disposition of the same which shall have been made for the
purposes aforesaid, absolutely cease and determine.
VI. And be it further enacted, That the person or persons advancing the said sum of
Sixteen thousand pounds, or any part of the same, shall pay the sum or sums of money
The £16,000 to aiivanced by him or them into the Bank of England, in the name and
be paid into with the privity of the Accouutant-General of the said Court of Chancery,
' . 1 I. • 1 i^^ pttrte the purchaser or purchasers, or mortgagee or mortgagees, as
out in the Pur- tlie case may be, of the Bispham estate of the Earl of Derbj',) to the
chase of Free- credit of the Bishop of Sodor and Man, and the Archdeacon of the Isle
whieh'shall'be of Man, for the time being, pursuant to the method prescribed by the
conveyed to Act of the twelfth year of King George the First, chapter thirty-two,
the Bishop of j^,^^ ^^le general orders of the said Court, and without fee or reward,
and the Arch- according to the Act of the twelfth year of the reign of King George the
deacon of the Second, chapter twenty-four; and that as soon as conveniently may be
Isle of Man, after the said monies shall have been paid into the said Court of Chancery
noses herein as aforesaid, the same shall, upon, petition to be preferred to the said
mentioned. Court in a summary way by the Bishop of Sodor and Man and the
Archdeacon of the Isle of Man for the time being, be laid out and invested in the purchase
of fieehold messuages, lands, and hereditaments situate in England, or of freehold or
customary messuages, lands and hereditaments situate in the Isle of Man, which shall be
apYJroved of by the said Court of Chancery; and that immediately after such purchase or
purchases shall be so made, the said messuages, lands, and hereditaments, so to be pur-
chased as aforesaid, with their appurtenances, shall, under the direction of the said Court,
be conveyed and assured unto, or to the use of, or vested in the said Bishop of Sodor and
Man and Archdeacon of the Isle of Man for the time being, and their successors, upon
trust to pay and apply the rents, issues, and profits thereof, upon such and the same
trusts, for such and the same purposes, and in such and the same manner, as by the said
Indenture of the first day of November One thousand six hundred and sixty-six are
declared and mentioned of and concerning the respective rectories, tythes, oblations,
rates, and other ecclesiastical rights and duties therein mentioned, and thereby demised
by the said Charles then Earl of Derby to the said Isaac then Lord Bishop of Sodor and
Man, and Jonathan Fletcher then Archdeacon of the Isle of Man, their executors,
administrators, and assigns, for the said term of ten thousand years, or as near thereto as
circumstances will then admit of.
VII. Provided always, and it is hereby further enacted, That it shall and may be
lawful to and for the said Bishop of Sodor and Man, and the said Archdeacon of the said
Lands may be Isle of Man, for the time being, by Indenture under their hands and
leased. seals, from time to time to demise or lease to* any person or pei-sons all
or any part or parts of the lands and hereditaments so to be purchased with the said sum
of Sixteen thousand pounds, or any part thereof, for any term or number of years, not
exceeding twenty-one years, in possession, but not in reversion, or by way of future
interest, so as upon every such lease or leases so to be made as aforesaid, there be reserved
and made payable during the continuance thereof, to be incident to and go along with
the reversion and inheritance expectant on the same, the best and most improved yearly
rent and rents that can be reasonably had and obtained for the same, without t,aking any
fine or foregift, or any other matter or thing, in the nature or in lieu of any fine or fore-
186 APPENDIX NO. III.
gift, for or in respect of the making thereof, and so as none of the said lessees to whom
snch lease or leases shall be made be, by any clause or words therein contained, freed
from impeachment of or made dispunishable for waste ; and so as in every such lease or
leases there be contiiined a clause of re-entry, in case the rent and rents thereupon to be
reserved be behind or unpaid by the space of twentj- days, and so as the lessee or lessees
to whom such lease or leases shall be made as aforesaid do respectively seal and deliver a
counterpart or counterparts of such lease or leases.
VIII. And be it further enacted. That until a 'proper purchase can be found upon
which the said sum of Sixteen thousand pounds can be laid out or invested, the same
Till purchase shall from time to time be laid out and invested under the directions of
is made, the said Court of Chancer}- in the purchase of Navy or Victualling
money to be Bills, or of Exchequer Bills, and the interest arising from the money so
nurchase of ^^^^ °^^ ^^ *^^ ^^'^ Navy or Victualling Bills or Exchequer Bills, and
Exchequer the money received for the same, as they shall be respectively paid off by
Bills, &c Government, shall be laid out in the name of the said Accountant-
General in the purchase of other Navy and Victualling Bills or Exchequer Bills, all which
said Navy and Victualling and Exchequer Bills shall be deposited in the bank in the
name of the said Accountant- General, and shall there remain until a purchase or pur-
chases shall be found and approved as before directed, and until the same shall, upon a
petition setting forth such approbation, to be preferred to the Court of Chancery in a
summary way by the Bishop of Sodor and Man and the Archdeacon of the said Isle for
the time being, be ordered by the said Court to be sold by the said Accountant- General,
for the completing such purchase or purchases, in such manner as the Court shall think
just and direct.
IX. Provided always, and be it further enacted and declared. That it shall and may be
lawful for the said Court of Chancery from time to time in a summary way upon a
A V if f Petition to be for that purpose presented by the Bishop of Sodor and '
the Interest of Man and the Archdeacon of the said Isle for the time being, to direct
BDch Exehe- any part of the said Navy, Victualling, or Exchequer Bills not exceeding
' * the said sum of Two hundred and nineteen pounds seven shillings and
tenpence halfpenny per annum, to be paid to the said Bishop and Archdeacon for the
time being, to be by them applied and paid over to the persons who would for the time
being be entitled to the yearly rents, issues, and profits of the hereditaments so to be
purchased, in case the same had been purchased pursuant to this Act.
X. And be it further enacted. That the Certificate or Certificates of the said
Accountant- General, with the receipt and receipts of the cashier of the bank, to be
Certificate of tliereto annexed, and therewith filed in the Register OflSce of the Court
the Account- of Chancery, of the payment into the Bank of England of the said sum
^ ' fi^^'^g.' of Sixteen thousand pounds, shall be deemed and taken to be a good and
ceipt of the suflBcient discharge to the person or persons respectively paying the same,
cashier of the and to his, her, or their respective heirs, executors, administrators, and
Bank, to be a assigns, for the said sum of Sixteen thousand pounds, or so much thereof
good discbarge • t ■
to the person ^ ^^ ^°''" certificate or certificates, and receipt or receipts, shall be
paying in the expressed to be paid ; and after filing such certificate or certificates, and
^"""""f' such receipt or receipts as aforesaid, such person or persons shall be
APPENDIX NO. III. 187
absolutely acquitted and discharged of and from the said monies, and not be obliged to
see to the application, or be in any manner answerable or accountable for the loss, mis-
application, or non-application thereof.
XI. And be it further enacted, That it shall be lawful for the said Court of Chancery
from time to time, upon a petition in a summary way, of the said Edward Earl of Derby,
Court of or other the person or persons so for the time being entitled as aforesaid.
Chancery to jf gudi person or persons shall be of full age, or of his, her, or their
cafo d guardian or guardians, during his, her, or their minority, or respective
investments of minorities, or of the said Bishop of Sodor and Man, and the said Arch-
money, &c. deacon of the said Isle of Man for the time being, or either of them, to
make such orders, and give such directions, touching or concerning the sale, layings out,
investments, receipts, and payments, hereinbefore directed to be made, and touching and
concerning all other acts, deeds, matters, or things, in anywise relating thereto, as the
said Court shall deem necessary, proper, or expedient.
XII. Saving always to the King's most excellent Majesty, his heirs and successors, as
well in right of his Crown, as in right of his Duchy and County Palatine of Lancaster,
„ , . and to all and every other person or persons, bodies politic and corporate.
General savmg. ...
then" respective heirs, successors, executors, and administrators, (other
than and except his said Majesty and his successors, in such rights aforesaid, so far as
respects his and their right or title to the said hereditaments by escheat, in consequence
of the decease of the said Isaac Clopton without an heir, as hereinbefore is mentioned :
and other than and except the said John Duke of Atholl, and his heirs, and also his suc-
cessors for the time being, Lords or Ladies of the Isle of Man, and the said Claudius Lord
Bishop of Sodor and Man, and his successors Bishops of Sodor and Man, the said Daniel
Myhea, and his successors. Archdeacons of the said Isle of Man, and the said Edward
now Earl of Derby, and the said Edward Lord Stanley, and the heirs male of his body
and the heirs and assigns of the said Edward now Earl of Derby,) all such estates, rights,
interests, claims, and demands of, in, to, and out of tbe said manor, messuages, lands,
tenements, and hereditaments, as they, every, or any of them had before the passing
of this Act, or should, or could, or might have had or enjoyed, in case this Act had not
been made ; and also saving always to his said Majesty, his heirs and successors, the same
right of seigniory in the said hereditaments so become escheated as aforesaid, as in the
life time of the said Isaac Clopton, and as if no escheat of the said hereditaments had
happened.
XIII. And be it further enacted. That this Act shall be printed by the printer to the
Evidence. King's most excellent Majesty, and that a copy thereof, so printed, shall
be admitted aa evidence thereof, by all judges, justices, and others.
188
APPENDIX NO. III.
The Schbdukb to which thb poebgoihg Act eepees.
Estimated Annual Value of the Impropriate Tithes in the Isle of Man.
Amount of
Estimated
Titlies now
value of
PARISHES.
upon Lease
Tillies sold
by the Uuke
by the
of AlhoU.
AthoU Family.
£ s. d.
£ s. d.
Lezayro
62 0 0
60 0 0
Manghold
31 10 0
10 10 0
Lonnan
95 0 0
0 0 0
Couchan
32 0 6
0 0 0
Malew
92 8 0
115 0 0
Kushea ..
91 0 0
yi 15 0
Arbory
0 0 0
52 5 0
Santan .. ..
0 0 0
42 0 0
Michael .. .. .. ..
0 0 0
65 0 0
Marown
0 0 0
50 0 0
Eighteen turkeys and eighteen geese paid in kind ..
Total of Tithes now upon lease
5 0 0
0 0 0
408 18 6
489 10 0
• • • •
408 18 6
Do. do. sold
••
489 10 0
898 8 6
DEDUCTIONS.
Bishop's Proxy Money
4 0 0
Stipends to Vicars of Malew, Lezayre, and Rushen . .
Manx
31 6 8
35 6 S
Exchange
British
5 0 11
30 5 9
Annual reserved rent
62 0 0
Annual allowance on account of £130 payable every ")
30 years, as estimated by Master Eld . . ^.. )
3 18 7
6 per cent, on gross amount for collecting, risk, &c. 1
according to Master Eld's computation . . J
53 18 0
loC 2 4
748 6 2
The sum of £748 6s. 2d. being payable and secured upo
n Estates in 1
74 16 0
England liable to Property Tax
673 10 2
Agency for receiving in Liverpool at IJ per cent.
Net annual produce
.. . •
10 2 2
663 8 0
Twenty-five years purchase upon the net annual produce of the Impropriate Tithes
(£663 8s. Od.) amounts to £16,575. ROBT. STEWART.
NOTE TO APPENDIX NO. I. 189
NOTE
As TO THE InSULAB REVENUE.
In Appendix No. 1 to the Notes on (he Chronicle,^) reference is made
to the surplus Customs' revenue of the Island. It may be convenient
here to refer to the various sources of Insular revenue, now or hereto-
fore payable, the Acts or Authority under which it has been or is raised,
and the relative positions of the Crown and inhabitants of the Island
with respect to surplus revenue.
I. — The several branches of the Crown revenue, and of revenue
now raised by authority of Parliament, may be arranged under the
following heads : —
1. Customs,
2. Land,
3. Fine Fund,
4. Post Office,
5. Harbours,
6. Lighthouses.
1, — customs' eevenub.
Previous to 1767 the duties of Customs on goods imported into and
exported from the Island was levied by authority of the Insular Legis-
lature.
The payment of duties was recognised by orders made by Commis-
sioners of Edward Earl of Derby, the sixth Lord of the House of
Stanley, on the 18th July, 1561, — (Mills' Statutes, 41,^ — ^in these words :
(A.D. 1561.)— That the clerk of the shipps do make a perfect book of all such wares as
the merchant stranger shall bring into the country, and how and to whom the said wares
are distributed, and what wares he shall carry out of Mann, and how much custome is
dtie for the same, &c.
A.D. 1577. — The " Customs" legally payable in 1561 were probably
those set forth in " The rates of the Customs at every port within
the Isle of Mann, allowed and confirmed by the Right Honourable
Eenry, Earl of Derby, Lord of the said Isle," on the 28th June, 1577.
{Mills' Statutes, 43.) The rates so allowed may have been set foi-th and
declared by authority as the rates at that time legally payable, and may
not have been then enacted for the first time. Most of the written
laws at that time were not new enactments, but merely declarations of
1 Pages 148, 149.
190 NOTE TO APPENDIX NO. I.
the law made by the local authorities, such as the Deemsters, or the
Deemsters and Keys, committed to wiiting to prevent uncertainty for
the future. But whether made for the first time or not in 1577, the
rates were not made by the sole authority of the Lord ; — being made,
they were " allowed and confirmed" by him. That this is the correct
view is apparent from the fact that the Deemsters and Keys were, on the
21st June, 1669, required to deliver their opinion to whom a fee of one
penny for " the entering of every boat, bark, or pickard," as mentioned
in the rates, was payable. They gave as their opinion that it was pay-
able to the "Captain's clerk," and consequently not to the Lord. Unless
the rates had been made by lawful authority, no opinion would have
been asked or given.
A.D. 1594. — On the 24th June, 1594, in Tynwald, amongst answers
given by the Deemsters and Keys to Governor Bandulph Stanley, to
various " articles and questions of doubt," the right of the Governor (or
Captain as he is called,) in Council, to restrict the exportation of " stuff
or merchandize," — the "wares" to be exported being specified in a
licence of the Governor or his deputy, and being those " which may
best be spared for the best commodities of the inhabitants of the said
Isle," is declared. {Mills' Statutes, 66.)
A.D. 1637.— By Act of Tynwald, 24th June, 1637, it was enacted, in
consequence of "the complaint of the commons and poor sort of
inhabitants, that they are much impoverished by having come and
graine, cattle and other provisions, exported out of the Island, without
consideration what may be necessary to be reserved for the sustentation
of the inhabitants of that Island," that no goods should be exported
without the licence of the Lord, or his Ueutenant or captain, or his
deputy. {Mills' Statutes, 93.)
A.D. 1645.— By Act of Tynwald, 24th June, 1645, a further enact-
ment as to the exportation of goods was made " for the fuU declaration
of the meaning" of Statutes concerning " transportation of com, cattle,
and other commodities, which do not absolutely aggree one with
another," and " the tme use thereof." By this Act the Governor and
Council are to consult weekly when goods may be exported by licence
of the Governor or his deputy. And it is provided that on complaint
made by the " countiy for restraint of such commodities, or of too
much lycence given thereof," the Governor shall assemble the Tynwald
" to consider of and determine what is or may be most fitt to be trans-
ported, always considering the general good and safety of the Island."
{Mills' Statutes, 110.) Probably the disagreement of Statutes mentioned.
NOTE TO APPENDIX NO. I. 191
irefers to an appai-ent difference between the two Laws of 1594 and
1637. By the former the restraint on exportation was to be exer-
cised by the Governor in Council, and from the latter it might be
infen'ed that the Lord or the Governor might act without the advice of
the Council.
These various declai-ations and enactments fully recognize the right
of the Tynwald, to legislate as to the duties of Customs. If the Lord by
his own power could have levied duties, there was no necessity for
action on the part of the Legislature, and the Lord would not have
submitted to it; and moreover the restraints on exportation really
affected and limited the duties payable to the Lord. It may be said
that the Lord might have had power to impose the duties, and yet not
to restrain exportation ; but had he possessed the power of imposing
duties, and yet had considered it necessary for the good of the Island
that exportation should be limited, he most probably would have
checked exportation by means of high duties rather than have given
countenance to any recognition of a right of interference on the part of
the Tynwald.
A.D. 1692,— On the 4th July, 1692, the Governor and Council violated
the law by making a new Book of rates without the consent of the Keys.
This book of rates which was confirmed by the Lord is given at length
in the Report of the Commissioners of 1791. {Appendix A. No. 3.) This
•was probably one of the cases alluded to by the Commissioners,
(Report, p. 67.) "in which the commands of the Lord Proprietor have
been obtruded as laws on the people." This book of rates appears to
have been submitted to until the year 1737. The reasons for such
submission were thus forcibly expressed by Mr Gurwen, in his speech in
the House of Commons in 1805, (p. 49.) — " These, Sir, were days of
calamity to the Isle of Man ; they had other and more impoi-tant
subjects of dispute with their Lord. He had pressed forward claims to
all their lands. The Island was then deeply depressed in poverty, and
it would have been imprudent to irritate the Lord Proprietor on a
subject of comparatively, and at the moment, little importance to them.
These duties were of trivial amount ; paid by strangers ; and it was not
then foreseen how much, and by what means that amount was afterward
to be augmented. Even in 1706, it appears. Sir, by an Act of Tynwald,
stated by the Committee, that ' the poverty and mean circumstances of
the people' had prevented the payment of the Lord's fines ; and that to
raise on the Island an assessment of so small a sum as £160 a delay of
three yeara was necessaiily given. Where then could the Keys have
192 NOTE TO APPENDIX NO. I.
looked for the resources to enter into new contests with this powerful
Lord Proprietor ? They might be silent ; but ' it was their poverty
not their will' consented."
A.D. 1711. — On the 5th November, 1711, was promulgated " An Act
for preventing frauds in Her Majesty's Customes by the exportation of
forreigne goods from this Island." English officers of Customs, acting
in the name of Queen Anne, had been sent to the Island, most probably
to watch aud report on the exportation of goods from the Island, they
having no authority to exercise their official duties in the Island, or to
control the exportation of goods there. On their complaint of certain
articles of merchandize, entitled in England to drawback, shipped from
thence, and afterwards carried from the Island privately into Great
Britain or Ireland, and of foreign goods exported from the Island and
privately landed in Great Britain or Ireland, the Tynwald by this Act
restrained or controlled, under heavy penalties, the exportation of goods
from the Island, so as to ensure the payment of the British or Ii-ish
duties if landed in Great Britaiu or Ireland, and to prevent the Landing
there of goods shipped for foreign countries, and certain powers as to
search and otherwise were conferred on the English officers. {Mills'
Statutes, 195.)
A.D. 1714. — The last-mentioned Act was passed in the expectation
that the British Parliament would permit the inhabitants to import
into Great Britain, beasts and goods of the growth, produce, or manu-
facture of the Island free of duty, according to proposals submitted by
a Committee of the Tynwald Court to the Commissioners of Customs in
England, agreed to by them, and laid before the Lords of the Treasury ;
but the expectation not having been realized, the Tynwald by an Act
promulgated on the 27th May, 1714, suspended the operation of the
Act for one year, and from year to year afterwards until the inhabitants
of the Island obtained the freedom of trade sought. {Mills' Statutes,
208.)
A.D. 1726.— By Act promulgated 18th November, 1726, the exporta-
tion of salt from the Island was prohibited. {Mills' Statutes, 212.)
A.D. 1737.— By the Act of Tynwald promulgated the 24th June, 1737,
styled sometimes the Magna Charta of the Isle of Man, sec. 14, the
Book of rates illegally made by the Governor and Council and allowed by
the Lord in 1692, was with some exceptions and variations confirmed,
prohibitions with respect to the importation of malt and grain were
enacted, and the exportation of goods, otherwise not prohibited, was
declared to be free unless prohibited by the Tynwald Court, "according
NOTE TO APPENDIX NO. I. 193
to the rales prescribed by the Statute made in the year of our Lord
1645, in that behalf, or as they shall see most necessary for the publick
good of the said Isle, any law or usage to the contrai-y notwithstanding."
{Maw Statutes, 246.)
This Act of 1737 was a complete acfciiowledgment on the part of the
Lord of the illegality of levying taxes without the consent of the Keys,
as well as of the Governor and Council, and more especially as the Act
was in reality a Bill of Bights alleging and redressing grievances of
various kinds which affected " the liberties and properties" of the
people, one of such grievances being that " the ptesent book of rates
for the payment of dutys upon goods and merchandizes exported from
and imported into this Isle hath not hitherto had the consent and con-
currence of the twenty-four Keys."
A.D. 1748. — The last Act of the Legislature of the Island relating to
the Customs was one promulgated on the 24th June, 1748, for laying
"an additional duty upon English and Irish ale, and to repeal the
Statute prohibiting the importation of malt." By this Act duties are
imposed on ale, malt, apples, and pears imported into the Island.
{Mills' Statutes, 286.)
As previously mentioned, (D the whole revenue of the Island, (except
that levied for special purposes, such as for harbours and highways,)
after defraying the expenses of the Government, belonged to the Lord.
But it is not likely that the Legislature would have consented to any
increase of Customs duties which would have materially increased the
personal benefit derived by the Lord therefrom, without securing some
equivalent ; and the Legislature had the right to direct the application
of the revenue raised by its authority.
A.D. 1767. — The first Act passed by the English Parliament for levy-
ing Customs duties was the Act, 7 Geo. Ill, c. 45, (1767) — " An Act for
encouraging and regulating the trade and manufactures of the Isle of
Man ; and for the more easy supply of the inhabitants there with a
certain quantity of wheat, barley, oats, meal, .and flower, authorized by
an Act made in this session to be transported to the said Island." In
the preamble it is alleged that " it is expedient that provision be made
for encouraging, improving, and regvJating the trade and manufactures
of the said Island and the fisheries on the coasts thereof." By sec. 1
it is enacted that from the 5th July, 1767, the duties payable to TTIh
Majesty in the Island on all goods imported there or exported from
1 Page 144.
194< NOTE TO APPENDIX NO. I.
thence shall cease, and that other specified duties on goods imported
into the Island should be paid. The duties repealed were those payable
under the Insular laws. By sec. 2 the duties payable were to be revised
under the authority and direction of the Commissioners of the Trea-
sury, or of the Lord High Treasurer, and the application of them is
directed in the following words : —
And (except the necessary charges of raising, collecting, levying, recovering, answering,
paying, and accounting for the same,) the said rates and duties shall from time to time
be brought and paid into the receipt of His Majesty's Exchequer, distinctly and apart
from all other branches of the publick revenue, [and such part thereof as shall remain
after the necessary expenses attending the government of the said Isle of Man and the
administration of justice there are from time to time defrayed, shall be reserved for the
disposition of Parliament.
A.D. 1780.— By Act 20 Geo. III. c. 42, (1780.)— "An Act for granting
to His Majesty several additional duties upon certain goods imported
into the Isle of Man, and for better regulating the trade, and securing
the revenues of the said Island," — new duties, to take effect from the
5th July, 1780, were directed to be paid " for further provision towards
defraying the expenses of government of the Isle of Man, and better
raising and securing a revenue for that purpose." Sec. 3 directs the
application of the duties to be raised in words similar to those in the
Act 7 Geo. ni. 0. 45, namely : —
And (except the necessary charges of raising, collecting, levying, recovering, answering,
paying, and accounting for the same,) the said rates and duties shall from time to time
be brought and paid into the receipt of His Majesty's Exchequer, distinctly and apart
from all other branches of the public revenue, and such part thereof as shall remain
after the necessary expenses attending the government of the said Isle of Man and the
administration of justice there are from time to time defrayed, shall be reserved for the
disposition of Parliament.
A.D. 1798.— By Act 38 Geo. III. c. 63, (21 June, 1798,)—" An Act for
the further encouragement of the trade and manufactures of the Isle of
Man ; for improving the revenue thereof ; and for the more effectual
prevention of smuggling to and from the said Island ;" — after stating
that a report had been made in consequence of a Commission from His
Majesty, for the purpose of obtaining information upon various points
respecting the Isle of Man, which report had by His Majesty's command,
been laid before the House of Commons, and that it was expedient that
until Parliament could take the said report under their consideration,
some temporary encouragement and relief should be granted to the
trade and manufactures of the Island, as well as some further regula-
tions made for the more effectual prevention of smuggling to and from
NOTE TO APPENDIX NO. I. 195
the Island, — various alterations were made in the duties of Customs to
take effect from the 5th July, 1798. No special enactment was made as
to the application of the duties, — the clause in the Act of 1780 being
unrepealed. The Act was to continue in force until the 5th July, 1801,
but by various subsequent Acts, it was with some amendments continued
untn the 5th July, 1805.
A.D. 1805.— By Act 45 Geo. ni. c. 99, (10th July, 1805,)— "An Act
for regulating and encouraging the trade, for the improvement of the
revenue, and prevention of smuggling to and fi'om the Isle of Man," —
the duties granted by previous Acts were consolidated. By sec. 3 the
duties are to be raised xmder the authority and direction of the Commis-
sioners of Customs in England ; and the application of the revenue is
directed by the following words : —
And (except the necessary charges of raising, collecting, levying, recovering, answering,
paying, and accounting for the same,) the said rates and duties shall from time to time
be brought and paid into the receipt of His Majesty's Exchequer, distinctly and apart
from all other branches of the publick revenue, and such part thereof as shall remain
after the necessary expenses attending the government of the said Isle of Man, and the
administration of justice there, are from time to time defrayed, and the payment of
bounties or charges from time to time payable thereout, shall go to and make part of the
Consolidated Fund of Great Britain^
The latter portion of the foregoing quotation may be considered as
the first appropriation of the surplus of the Customs revenue by the
Parhament ; for whether intended as an absolute appropriation or not,
such has been the effect of the words " shall go to and make part of the
Consolidated Fund of Great Britain." By the former Acts the sui-plus
was " reserved for the disposition of Parliament," and it is thus shown
that for a period of 40 years, from 1765 to 1805, Parliament hesitated
to appropriate for Imperial purposes, revenue not intended for those
purposes by the Acts under which the duties were levied. It was not
without reason that the Manx people considered " the sui-plus revenue
set apart by Parliament undoubtedly for their use." {Mr. Curwen's
Speech in House of Commons, 1805.) Notwithstanding, however, the
absorption of the surplus in the Consolidated Fund under the Act of
1805, such absorption was not considered as an annOiLlation by Parlia-
ment of the claims of the Manx people, who not unnaturally looked
upon the direction for the account of the Manx revenue to be kept
distinctly and apai-t from all other branches of the public revenue, as
some recognition of their claims.
A.D. 1810.— By Act 50 Geo. Ill, c. 42, (2nd June, 1810,)—" An Act
for consolidating the duties of Customs for the Isle of Man, and for
196 NOTE TO APPENDIX NO. I.
placing the same under the management of the Commissioners of
Customs in England," — all duties theretofore payable were to cease on
the 5th July, 1810, and the duties set forth in the schedule to the
Act to be paid. The appropriation of the revenue is dii'ected by
sec. 9 : —
That all sums of money received nnder the authority of this Act shall be remitted to
the Receiver-General and Cashier of the Customs in England, agreeably to such directions
as may from time to time be given for that purpose by the said Commissioners of the
Customs in England, to be paid into the receipt of His Majesty's Exchequer, distinctly
and apart from all other branches of the public revenue ; and such part thereof as shall
remain after the necessary expenses attending the government of the said Isle of Man,
and the administration of justice there, and all other charges, are from time to time
defrayed, shall go to and make part of the Consolidated Fund of Cheat Britain.
A.D. 1811. — ^As great inconvenience and delay attended the mode of
obtaining, under the last mentioned Act, the requisite sums of money
for defraying the expenses and charges in the Island, the Act 51
Geo. Ill, c. 52, (31st May, 1811,) — " An Act for explaining and amending
an Act passed in the last session of Parliament, for consolidating the
duties of Customs for the Isle of Man, and for placing the same under
the management of the Commissioners of Customs in England," — was
passed; and by sec. 1 the following provision as to payments in the
Island was made : —
That any of the collectors of the Customs in the Isle of Man appointed to receive the
duties imposed by the said recited Act shall, and he and they is and are hereby author-
ized and required, agreeably to such directions as shall from time to time be given for
that purpose by the Commissioners of His Majesty's Customs in England, or any four
or more of them, to retain such sum or sums of money in his or their hands as may be
sufficient to defray the necessary expenses attending the government of the said Isle of
Man, and the administration of justice there, and other charges incurred in the said Isle,
which may have heretofore been or may hereafter be deemed fit and proper charges to be
deducted from and paid out of the duties of Customs collected in the said Isle of Man,
and also for the purpose of defraying any bounties that may be due by law upon herrings
caught by the inhabitants of the said Isle of Man, and upon the amount of the said
expenses, charges and bounties being ascertained, the said Commissioners of His Majesty's
Customs in England, or any four or more of them, are hereby authorized to direct the
same to be paid out of the said monies so retained to such person or persons as may be
entitled to receive the same ; and the residue of the said monies arising from duties of
Customs in the hands of the said collectors, after paying such expenses, charges and
bounties, shall be remitted to the Receiver- General of the Customs in England, to be
paid into the receipt of His Majesty's Exchequer for the purpose of being carried to the
Consolidated Fund of Cheat Britain ; anything in the said recited Act of the fiftieth
year of the reign of His said Majesty, or any other Act or Acts to the contrary notwith-
standing.
■ KOTE TO APPENDIX NO. I. 197
A.D. 1825. — By Act 6 Geo. IV, c. 105, all previous Acts relating to
the Customs of the Isle of Man were repealed ; and by Act 6 Geo. IV,
0. 115, (5tli July, 1825,) — " An Act for regulating the trade of the Isle
of Man," — the laws relating to the Customs of the Island were consoli-
dated, and a new Table of Duties was enacted, to take effect on the 5th
January, 1826. Sec. 15 directs the application of the revenue : —
That the duties of Customs shall be raised, levied, collected, paid, recovered, and
accounted for under the authoritj' and direction, or under the management and controul
of the Commissioners of His M^esty's Customs, and, except the necessary charges of
raising, collecting, levying, recovering, and accounting for the same, the said rates and
duties shall from time to time, (subject to the deductions hereinafter mentioned,) be
brought and paid into the receipt of His Majesty's Exchequer, distinctly and apart from
all other branches of the public revenue, and shall go to and make part of the Consoli-
dated Fund of the United Kingdom of Great Britain and Ireland : Provided always,
that any of the Collectors of Customs of the said Isle shall, and he and they is and are
hereby authorized and required, agreeably to such directions as shall from time to time be
given for that purpose by the Commissioners of His Majesty's Customs, to retain such
sum or sums of money in his or their hands as may be sufficient to defray the necessary
expenses attending the government of the said Isle of Man, and the administration of
justice there, and other charges incurred in the said Isle, which have heretofore been or
may hereafter be deemed fit and proper charges to be deducted from and paid out of the
duties of Customs collected in the Isle of Man, and also for the purpose of defraying any
bounties that may be due by law upon herrings caught by the inhabitants of the said
Isle of Man, and upon the amount of the said expenses, charges, and bounties being
ascertained, the said Commissioners are hereby authorised to direct the same to bo paid
out of the said monies so retained, to such person or persons as may be entitled to receiv
the same.
A.D. 1833. — A fresh consolidation of the laws relating to the Customs
of the Island was effected by Act 3 and 4 WUliam IV, o. 60, (28th
August, 1833,) — " An Act for regulating the trade of the Isle of Man,"
— which prescribed a new Table of Duties to commence on the Ist
September, 1833. The application of the revenue is directed by sec. 16,
in the same words as sec. 15 of the Act 6 Geo. IV, c. 115, omitting only
the words : — " And also for the purpose of defraying any bounties that
may be due by law upon herrings caught by the inhabitants of the said
Isle of Man," — and also the word " bounties" in a subsequent part of
the clause.
A.D. 1844.— By Act 7 and 8 Vict., c. 43, (19th July, 1844,)— "An Act
to amend the laws relating to the Customs of the Isle of Man" — new
Customs duties were enacted. It was estimated that by the new
duties there would be raised a larger amount of revenue than by those
previously in force, and it not being the object of Parliament to increase
198 NOTE TO APPENDIX NO. I.
the surplus revenue, and in order to give the Island the benefit of any
additional revenue, the duties and rates theretofore payable in respect
of ships and goods arriving at and imported into the Island for the
maintenance of harbours were, by sec. 19, repealed ; and by sec. 20 the
sum of £2,300 yearly was directed to be paid out of the Customs
revenue for harbour purposes. Sec. 18 contains a direction as to the
application of the revenue, like that contained in sec. 16 of the Act
3 and 4 WiUiam IV, c. 60.
A.D. 1845. — A further consolidation of the Customs laws of the
Island was effected by Act 8 and 9 Vict. c. 94, (4th Aiigust, 1845,) —
" An Act for regulating the trade of the Isle of Man," — the duties being
re-enacted. Like provisions as to the application of the revenue and the
support of the harbours to those contained in 7 and 8 Yict., c. 43, are
contained in sees. 24 and 25.
A.D. 1853.— By " The Customs Tariff Act, 1853," (16 and 17 Vict.,
c. 106, — 20th August, 1853,") new duties for the Island were enacted ;
and by " The Customs ConsoHdation Act, 1853," (16 and 17 Vict., c. 107,
— 20th August, 1853,) sees. 353 and 354, the application of the revenue
is thus directed : —
353. — The duties of Customs payable on the importation of goods into the Isle of Man
shall be collected, paid, recovered, and accounted for under the management and control
of the Commissioners of Her Majesty's Customs ; and, except the necessary charges of
collecting, recovering, and accounting for the same, the said duties shall from time to
time (subject to the deductions hereinafter mentioned) be brought and paid into the
receipt of Her Majesty's Exchequer, distinctly and apart from all other branches of the
public revenue, and shall go to and make part of the Consolidated Fund of the United
Kingdom of Great Britain and Ireland : Provided always, that any of the Collectors of
Customs of the said Isle shall retain, and he and they is and are hereby authorized and
required agreeably to such directions as shall from time to time be given for that purpose
by the Commissioners of Her Majesty's Customs, to retain such sum or sums of money
in his or their hands, as may be sufficient to defray the necessary expenses attending the
government of the said Isle of Man, and the administration of justice there, and other
charges incurred in the said Isle, which have heretofore been or may hereafter be deemed
fit and proper charges to deducted from and paid out of the duties of Customs collected
in the said Isle of Man; and upon the amount of the said expenses and charges being
ascertained, the said Commissioners are hereby authorized to direct the same to be paid
out of the said monies so retained, to such person or persons as may be entitled to receive
the same.
354. The necessary expenses attending the government of the Isle of Man and the
administration of justice there, and other charges incurred in the said Isle, which have
heretofore been deemed fit and proper charges to be deducted from and paid out of the
duties of Customs collected in the said Isle, or which may hereafter be deemed proper
NOTE TO APPENDIX NO. I. 199
charges, and also tlie annnal sum of Two thousand three hundred pounds, made payable
by an Act passed in the eighth and ninth years of the reign of Her present Majesty,
chapter ninety-four, section twenty-five, to Her Majesty's Eeceiver-General in the said
Isle of Man, and to be applied for the lawful purposes of the Harbour Commissioners
therein mentioned, shall and may be retained and paid by the Collector of Customs of the
said Isle, out of the duties of Customs collected in the said Isle, as hereinbefore provided.
In order that the Island might have the benefit of the estimated
increase of Revenue under the new duties, the following provision was
made by sec. 355 : —
In addition to the deductions from the Customs duties hereinbefore provided for, there
shall be set aside annually a sum equal to one-ninth part of the amount derived from
such duties, to be applied by the Commissioners of the Treasury in efiiecting improvements
in the harbours and other public works in the Isle of Man, the necessary repairs and
improvements in the harbours taking priority to other pubUc works ; and it shall be
lawful for the Court of Tynwald from time to time to determine what improvements and
public works shall be so undertaken, the Lieutenant-Governor having a veto upon such
decision.
Leaving the matter of the right to the surplus revenue from 1765
to 1844 an open question, the Parliament, by the Acts of 1844 and 1853,
fully recognized the principle that the inhabitants of the Island were
entitled to the benefit of any additional surplus created by an increase
of duties. On each occasion this principle was contended for by the
Insular Government, the House of Keys, and inhabitants, in the
communications with the Imperial Government ; but at the same time,
the claim of the inhabitants to the whole surplus was not abandoned.
A.D. 1854.— By Act 16 and 17 Vict., c. 107, (10th August, 1854,)—" An
Act to alter the mode of providing for certain expenses now charged
upon certain branches of the public revenue and upon the Consolidated
Fund," — it was enacted by sec. 1 : —
From and after the first day of April, 1854, the several chaises and payments
described in schedules (A) and (B) to this Act, and which, under the acts and authorities
in the same schedules respectivelj' referred to, are charged on or made payable out of the
several branches of the public revenue in such schedules mentioned, or on or out of the
monies in the hands of Commissioners or Collectors or other Receivers of such revenues or
otherwise now charged on or payable out of all or anj' parts of such revenue respectively*
or on or out of the Consolidated Fund of the United Kingdom shall cease to be so
charged and payable ; and such of the said charges and payments as are described in the
said schedule (A) shall be charged on and payable out of the said Consolidated Fund :
and such of the said charges and payments as are described in the said schedule (B) shall
be paid out of such aids or supplies as may be from time to time provided and appro-
priated by Parliament for the purpose, &c.
Schedule (A) contains amongst other charges the following :—
Charges upon the Customs revenues of the Isle of Man, under the Act 16 & 17 Vict,
cap. 107.
200 NOTE TO APPENDIX NO. I.
The eflfect of this provision was, the payment of the whole Customs
revenue, except the expenses of collection and the one-ninth for public
purposes, into the Consolidated Fund ; and to make the expenses of
the government, and of the administration of justice, and the annual
sum of £2,300 for the Harbours, chargeable on that Fund instead of on
the revenue. Any other " fit and proper charges," previously paid out
of the Customs revenue, would have to be voted by Parliament, instead
of the payment being directed by the Treasury as had been tbe case
theretofore.
A.D. 1864.— By " The Isle of Man Harbours Amendment Act, 1864,"
(27 and 28 Vict., c. 62,— 25th July, 1864,) sec. 2, it was enacted, that any
deficiency in the dues authorized by a previous Act to be levied at Port
Erin for payment of a Loan to be made by the Public Works Loan
Commissioners, to an extent not exceeding £1,600 yearly, shall be
charged and paid out of the surplus Customs revenue of the Island, if
there should be " any surplus applicable thereto, after providing for aU
existing charges upon such revenue, and before any charges of a new
and distinct character ai'e imposed thereon" ; all advances so to be made
out of the surplus revenue, with interest at 3J per cent., to be repaid
when the Harbour Dues, or other moneys applicable, should be more
than sufficient to provide the annual payments in respect of the
Harbour.
(Reference has been made to the various Acts of Parliament which
had a bearing on the question of the surplus revenue only. No refer-
ence has been made to many Acts by which some changes were made
in duties, or by which the trade of the Island was affected, or by which
previous Acts were repealed or altered.)
A.D. 1866. — The last Act affecting the surplus Customs revenue is
the " Isle of Man Customs, Harbours, and Public Purposes Act, 1866,"
(29 Vict., c. 23,— 18th May, 1866.) By this Act the duties on the importa-
tion of certain goods were increased, as from the 15th March, 1866, and
the application of the revenue is directed by the following sections : —
3. The Commissioners of Her Majesty's Customs shall apply the duties of Cnstoms
collected in the Isle of Man, (except the necessaiy charges of collecting, recovering, and
accounting for the same, which charges they are hereby authorized and directed to retain
and pay out of the gross amount collected, notwithstanding the provisions of the Act of
the seventeenth and eighteenth of Victoria, chapter ninety- four,) in manner following ;
(that is to say,) they shall thereout pay and defray the necessary expenses attending the
government of the Isle of Man, and the administration of justice there, and other charges
incurred in the Isle, which have heretofore been or may hereafter be deemed fit and
NOTE TO APPENDIX NO. I. • 201
proper charges to be deducted from and paid out of the duties of Customs collected in
the Isle of Man, including so much (if any) of the services which shall have been voted
by the House of Commons applicable to the Isle of Man as the Commissioners of Her
Majesty's Treasury shall from time to time direct : Provided that no part of the said
duties of Customs shall be appHed for or towards any of the Navy services, except the
salaries and expenses of the Coast Guard service of the Isle of Man, and that no part of
the said duties of Customs shall be apphed for or towards any of the Army services,
' except the charge of the Volunteers of the Isle of Man.
4. Out of the same duties of Customs the said Commissioners shall pay the annual
sum of Two thousand three hundred pounds, made payable by the Act eighth and ninth
of Victoria, chapter ninety- four, section twenty-five, to Her Majesty's Receiver- General,
in the Isle of Man, and to be applied for the lawful purposes of the Harbour Commis-
sioners therein mentioned.
5. In addition to the payments out of the Customs duties hereinbefore directed, there
shall be set aside annually a sum equal to one-ninth part of the gross amount of the
duties of Customs collected in the Isle of Man, to be applied by the Commissioners of
the Treasury in effecting improvements in the Harbours and other public works in the
Isle of Man, the necessar}"^ repairs and improvements in the Harbours taking priority to
other public works; and it shall be lawful for the Court of Tynwald, from time to time,
to determine what improvements and public works shall be so undertaken, the Lieutenant-
Governor having a veto upon such decision ; such one-ninth part of the said gross
amount of the duties of Customs collected in the Isle of Man, being in satisfaction of
and in substitution for the sum equal to one-ninth "part of the amount derived from such
duties by the Customs Consolidation Act, 1853, section Three hundred and fifty-five,
directed to be set apart and applied as therein mentioned,
6. It shall be lawful for the Harbour Commissioners of the Isle of Man, or the major
part of them, (of whom her Majesty's Receiver-General in the Isle of Man or his deputy
for the time being shall be one,) from time to time, with the approbation of the Commis-
sioners of Her Majesty's Treasury, to borrow of or from any Commissioners, body, or
person willing to advance the same on the security of two other ninth parts of the gross
amount of the duties of Customs collected in the Isle of Man, such sum or sums of money
as the Court of Tynwald (with such approbation as aforesaid) may have determined to be
necessary for the purpose of effecting improvements in the Harbours of the Isle of Man;
and it shall be lawful for the Court of Tynwald, from time to time, to determine what
improvements shall be so undertaken, the Lieutenant-Governor having a veto upon such
decision ; and it shall be lawful for the said Harbour Commissioners, or such majority of
them as aforesaid, by any deed or deeds under their hands and seals, to charge the said
two-ninth parts of the said gross amount of the duties of Customs collected in the
Isle of Man on the security whereof any such money as aforesaid might be borrowed,
with the repayment of the principal money and interest according to the terms agreed on
with any Commissioners or other body or person by whom the respective advances may
be made; and the Commissioners of her Majesty's Customs shall, in the event of any
such charge being made, pay and apply the said two- ninth parts of the said gross amount,
or so much thereof as shall be necessary, iu payment of such principal and interest
accordingly.
20'1 • NOTE TO APPENDIX NO. I.
7. Subject to the charges aforesaid, the sum of Ten thousand pounds out of the duties
of Customs of the Isle of Man shall be brought and paid into the receipt of Her Majesty's
Exchequer, distinctly and apart from all other branches of the public revenue, and shall
go and make part of the Consolidated Fund of the United Kingdom of Great Britain
and Ireland; and in case the Customs duties of the Isle of Man shall not be sufficient
in any year to pay the whole of the said Ten thousand pounds, then the deficiency shall
be added to the Ten thousand pounds becoming due in the succeeding year, and be pay-
able with the like priority, and so on from year to year as regards the deficiency, if any,
of the preceding j'ear or j'ears : Provided always, and be it enacted by way of substitution
for the provisions of the Isle of Man Harbours Amendment Act, 1864, section two, that
if there shall be any deficiency in respect of the works in that Act mentioned as proposed
to be erected at Fort Erin in the Isle of Man by the application of the Loan therein
mentioned to meet the claims of the Public Works Loan Commissioners to payment as
such claims fall due, then the amount so deficient, to any extent not exceeding One
thousand six hundred pounds in any one year, shall be charged and paid, and deducted
by the Commissioners of HerMajesty's Customs, out of the said sum of Ten thousand
pounds, before the payment thereof into the receipt of Her Majesty's Exchequer ; and if
after the completion of the said proposed works at Port Erin, it shall be found that the
Harbour Dues and other monies received and applicable to the payments to be made to
the Public Works Loan Commissioners are more than sufficient to provide for such
annual payments as they shall fall due, the balance, after providing for such payments,
shall be applied yearly to repaj' any monies which shall have been advanced out of the
surplus of Customs revenues under the authority of the said Isle of Man Harbour
Amendment Act, 1864, or which shall have been advanced out of the said annual sum of
Ten thousand pounds, under the authority of this Act, with interest thereon respectively
at the rate of three and a quarter per centum per annum, from the time of the advance
to the time of repayment.
8. The surplus, if any, of the duties of Customs of the Isle of Man, after deducting
the sums hereinbefore directed or authorised to be paid or set aside thereout or charged
thereon, shall be applied for such public purposes of the Isle of Man, to be approved of
by the Commissioners of Her Majesty's Treasury, as the Court of Tynwald shall from
time to time determine, the Lieutenant-Governor having a veto upon such decision.
9. The clear surplus income (if any) arising from the said duties of Customs in any
year which shall not be required for the purposes of that year, shall be invested in such
names and on such securities as the Commissioners of the Treasury shall from time to
time direct, and the sums so invested, with the interest and accumulations thereof, shall
form a fund to be called " The Isle of Man Accumulated Fund," and such fund, or any
part thereof, shall from time to time be applicable for the purposes and in the manner
in which the same would have been applicable if it had been surplus income of the }'ear
in which it shall be applied.
Tlie mode and order of the application of the Customs revenue under
this Act may be thus briefly stated : —
1. Charges of collection.
2. Expenses attending the Insular Government, the administi-ation
of justice, and other chai'ges which may be deemed fit and proper to be
NOTE TO APPENDIX NO. I. 203
paid out of the duties of Customs, including the proportion applicable
to the Island of moneys voted for services by the House of Commons,
but not including Navy service except the expenses of the Coastguard,
and not including Army service except the expenses of the Volunteers.
3. £2,300 for the purposes of the Harbour Commissioners.
4. One -ninth of the gross revenue for harbours and other public
works under the vote of the Tynwald Court.
6. Two-ninths of the gross revenue to be mortgaged for harbour
improvements under the vote of the Tynwald Court.
6. £10,000 to the Consolidated Fund, but subject to the payment of
the charge not exceeding £1,600 yearly, created under the Act of 1864
on the Customs revenue for Port Erin harbour, in case the dues to be
received there be insufficient to meet the principal and interest of the
Loan for such harbour.
7. The surplus revenue for public purposes in the Island under the
vote of the Court of Tynwald.
This Act was passed to carry into effect an arrangement agreed to
by the Treasury and the Tynwald Court. The question as to the past
surplus revenue was not raised in the negotiations, though the right of
the inhabitants to the surplus was affirmed as on previous occasions.
In some form or other the Island will now have the benefit of the
whole Customs revenue, with the exception of £10,000, (or in case of
the insufficiency of the dues at Port Erin harbour for the purposes for
which they are applicable, £8,400,) which may be considered as the
Insular contribution for Imperial protection.
By a Treasury Minute of the 5th July, 1866, full instructions were
given as to the management of the revenue for the purpose of carrying
into effect the provisions of the Act, and as to the manner in which
charges applicable to the Island defrayed by various departments of the
Government, namely, the Committee of Council on Education, the
Board of Works, the Offijce of Woods, &c., the Admiralty, and War
Office, are to be ascertained, apportioned, and chai'ged against the
Customs revenue.
2. — LAND REVENUE.
Previous to the Revestment in 1765, the Crown of England was
entitled to the revenues arising from the small baronies of Bangor and
Saball, and St. Trinion, which had belonged to suppressed religious
204 NOTE TO APPENDIX NO. I.
houses in Ireland and Scotland, to the rent-charge reserved in the
grant of the possessions of Rushen Abbey and other suppressed religious
houses in the Isle of Man, of the 2nd May, 1610,(i) and to gold and
silver mines (if any) in the Island. These baronies, rent-charge, and
mines, formed part of the hereditary possessions of the Crown.
The Lords of the Island were entitled to demesne and other lands in
the Island, (including therein the small adjacent islands,) chief rents,
fines, and services in respect of lands, fisheries, mills, &c. within the manor
of Man, commonly called the Lord's lands, (which manor comprehends
the gi'eater part of the Island) ; manorial privileges in respect of mills,
water, and otherwise; escheats, rights of forest, game and warren,
mines, quarries of stone, wrecks of the sea, and other rights arising out
of, or connected with, or partaking of the natui'e of real estate. The
possessions of the Lord included the land revenues, tithes, &c. comprised
in the grant of the 2nd May, 1610. The revenue derived from these
various sources was brought into the Lord's treasury along with the
other revenues of the Lord.
A.D. 1704. — It is not intended here to enter into the matter of the
disputes which for a very long period up to 1703 existed between the
Lords and the tenants of the Lord's lands, as to their respective rights
in the land; — the Lords claiming to be entitled absolutely, and not
acknowledging the tenants to be more than tenants at will ; and the
tenants claiming to have in their lands customary estates descendible
from ancestor and heir. These disputes were finally settled in 1703,
between James, the tenth Earl of Derby and a committee of the House
of Keys, the terms of settlement being embodied in an Act of Tyuwald,
(commonly called The Act of Settlement,) promulgated on the 6th June,
1704-. The Abbey lands were included in the settlement made. By the
Act the customary estates of inheritance claimed by the tenants were
confirmed, and certain increased rents and fines payable to the Lord
were legalized. {Mills' Statutes, p. 163.)
A.D. 1777. — The Act of Settlement was, after the Revestment, con-
firmed by another Act of Tynwald promulgated on the 9th September,
1777. {Mills' Statutes, p. 361.)
A.D. 1692. — By the BooTc of Bates made by the Governor and Council
and confirmed by the Lord in 1692, certain royalties were made payable
in respect of slates, flags, tombstones, and stones for tables. {Bejyort of
Cormnissioners of 1791, Appendix A, No. 3.)
1 See p. 58.
NOTE TO APPENDIX NO. I. 205
A.D. 1737. — By the Act of 1737 which confirmed, with certain excep-
tions, the Booh of Rates, it appears that the royalties therein mentioned
were payable on exportation, and it is provided that the payment of
royalties on flags and slates to be exported should cease, but that the
duty on limestone should continue. (Mills' Statutes, p. 247.) The
royalties would be payable in respect of stone raised in the Lord's or
Abbey lands, and would form, therefore, part of the Land revenue of the
Lords.
The sale of his sovereign rights in the Island by the Duke of Atholl
included, though not in express words, the castles, with customary
services to which the inhabitants were liable in relation to the castles,
forts, and court-houses, and also the harbours or sea ports, and bay
or salmon fisheries. The remaining possessions of the Duke of Atholl
were afterwards, in 1827 and 1828, sold to the Crown of England, as
mentioned in Appendix No. 1 to the Notes on the Chronicle, p. 151.
A.D. 1771.— By Act of Parliament, 11 Geo. Ill, c. 52, the produce of
the bay fisheries is directed to be applied for the repair of the harbours.
A.D. 1829.— By Act of ParHament, 10 Geo. IV, c. 50, (19th June,
1829,) — " An Act to consolidate and amend the Laws relating to the
management and improvement of His Majesty's woods, forests, parks,
and chases ; of the Land revenue of the Crown within the survey of the
Exchequer in England; and of the Land revenue of the Crown in
Ireland ; and for extending certain provisions relating to the same to
the Isles of Man and Aldemey," — provision was made as to the manage-
ment and application of the Insular Land revenue : —
Sec. 8. That from and after the passing of this Act all honours, hundreds, castles,
lordships, manors, forests, chases, woods, parks, messuages, lands, tithes, fisheries,
franchises, services, rents, and other land revenues, possessions, tenements, and heredita-
ments whatsoever, (advowsons of churches and vicarages only excepted,) which now do
belong to his Majesty, or hereafter shall belong to his Majesty, his heirs or successors,
within the ordering and survey of the Court of Exchequer in England or Wales, in
Ireland, in the Isle of Man and its dependencies, and the Isle of Aldemey, whether in
possession, remainder, or reversion, (which said honours, hundreds, castles, lordships,
manors, forests, chases, woods, parks, messuages, lands, tithes, fisheries, franchises,
services, rents, and other land revenues, possessions, tenements, and hereditaments, are
hereinafter, for the sake of distinction, called " the possessions and land revenues of the
Crown to which this Act relates") shall be under the management of the present Com-
missioners of His Majesty's Woods, Forests, and Land revenues, and of their successors,
to be from time to time appointed by His Majesty, his heirs and successors, by his or their
letters patent; and the said Commissioners and their successors shall continue to ba
called " The Commissioners of His Majesty's Woods, Forests, and Land Revenaes," &c.
2a
206 NOTE TO APPENDIX NO. I.
The Act contains various provisions as to the letting, exchanging,
and selling the possessions to -which the Act relates, and as to the
investment of purchase moneys, &c. The following section relates to
the application of the income : —
Sec. 113. That the annual income of all the said possessions and land revenues of the
Crown, to which this Act relates, including fines or leases, and all other sums received in
respect of such leases or otherwise, for or in respect of the said possessions and land
revenues (except from sales or exchanges) shall be applied in manner following : (that is
to say,) in the first place, in payment of the costs, charges, and expenses attending the
management of the said possessions and land revenues ; iu the next place, in the payment
and discharge of anj' annual sum or sums of money, or any pensions already charged or
to be charged thereon respectively, and in the payment of any other principal sum and
the interest of any principal sum or sums of money which is already or may be hereafter
charged upon the said possessions and land revenues; in the next place, so much of the
monies to arise from the said annual income as the Lord High Treasurer or the Commis-
sioners of His Majesty's Treasury for the time being shall from time to time think
proper, shall be applied towards the payment and discharge of the costs, charges, and
expenses of the repairs, alterations, and improvements of Buckingham Souse, and the
buildings, offices, and grounds appertaining and belonging thereto ; provided that the
sum to be so applied under this Act to such repairs, alterations, and improvements shall
not exceed the sum of £150,000, over and above the sum of £346,000, which has been
already applied thereto previous to the passing of this Act ; and, subject to the applica-
tions aforesaid, the said annual income shall, during the life of Uis present Majesty, be
carried to and made part of the Consolidated Fund of the United Kingdom of Great
Sritain and Ireland, and from aud after the demise of His present Majesty, (whom
God long preserve,) shall be payable and paid to the King's Majesty, his heirs and
successors.
By this section the surplus Land Revenue of the Island is treated as
part of the hereditary revenues of the Crown, which the King (after
the example of George III,) on his accession placed at the disposal of
the House of Commons daring his life, — the House making other pro-
vision by Act 1 Geo. IV. c. 1, " for the support of His Majesty's house-
hold and of the honour and dignity of the Crown." By such Act the
hereditary revenues of the Crown were, dm-ing the King's reign, to be
added to the Consolidated Fund. Considering that the purchases of
the possessions of the Dukes of Atholl were made, — that in 1765 under
Act 12 George I, c. 28, by moneys derived from the Customs' duties of
Great Britain,(i) and those in 1827 and 1828 under Act 6 Geo. lY, c. 34,
by moneys payable out of the Consolidated Fund,(2) — it is not very clear
why the revenues from such possessions are treated as hereditary
1 See page 94, 2 See page 149.
NOTE TO APPENDIX NO. I. 207
revenues of the Crown, unless it may have been thought that the Manx
Land revenues were too insignificant to be separately dealt with.
Probably it might be said that the conveyances from the Dukes c?
AthoU were but releases or surrenders to the Crown of rights acquirsA
under grants from the Crown ; rights, which, had not the grants been
made, would have been hereditary. In one sense, this may be a correct
view ; but as the purchase or consideration moneys were paid out of the
national funds, and not out of the hereditary revenues or out of moneys
ai'ising from the hereditary possessions, the rights surrendered must
be considered as purchased on behalf of the nation.
It is questionable whether the surplus revenue is now by Act of Par-
liament appropi'iated. On the respective accessions of William IV.
and Her present Majesty arrangements were made as to the hereditary
possessions of a like nature to those made on the accession of George IV.
A.D. 1831.— By Act 1 WiUiam IV. c. 25, sec. 2, (22nd April, 1831,)
the income of the hereditary possessions is thus appropriated : —
That the produce of all the said hereditary rates, duties, payments, and revenues in
England and Ireland respectively, (other than the hereditary duties of Excise on beer,
ale, and cider, payable in T!ngland,) which at the time of the decease of His said late
Majesty, King George the Fourth, made part of the Consolidated Fund of the United
Kingdom of Chreat Britain and Ireland, and also the produce of the several and
respective hereditary duties and revenues (other than and except the hereditary duties of
Excise on beer, ale, and cider,) which were payable to His said late Majesty, King Oeorge
the Fourth, in that part of Oreat Britain called Scotland, and also the said j'early sums
of £348,000, and £6,500, payable to His present Majesty out of the revenue of Excise
arising in England and Scotland respectively, under and by virtue of the said recited
Act of the last session of Parliament, and also the same branches of the hereditary
revenue, and the produce of the hereditary casual revenues arising from any droits of
Admiralty, or droits of the Crown, or from the duties called the Four and a half per
centum duties or West Indian duties, and from all surplus revenues of Q-ihraltar, or
any other possession of His Majesty out of the United Kingdom, and from all other
casual revenues arising either in the foreign possessions of His Majesty or in the United
Kingdom, which have accrued since the decease of His said late Majesty, and which shall
not have been applied and distributed in the payment of any charge thereupon respec-
tively, or which shall accrue during the life of His present Majesty, (whom God long
preserve,) shall be carried to and make part of the Consolidated Fund of the United
Kingdom of Great Britain and Ireland; and from -and after the decease of His present
Majesty, (whom God long preserve,) all the said hereditary revenues, including the
duties on beer, ale, and cider, shall be payable and paid to his heirs and successors.
A.D. 1837. — The appropriation of the hereditary revenues of the
Crown made on the accession of Her present Majesty is contained in
sec. 2 of the Act 1 Victoria, c. 2, (23rd December, 1837,) in these words :
JM)8 NOTE TO APPENDIX NO. I.
That the produce of all the hereditary rates, duties, payments, and revenues in England,
Scotland, and Ireland, respectively, and also the small branches of the hereditary
revenue, and the produce of the hereditary casual revenues arising from any droits of
Admiraltj', or droits of the Crown, or from the duties called the Four and a half per
centum duties or West Indian duties, and from the surplus revenues of Gibraltar, or any
other possession of Her Majesty out of the United Kingdom, and from all other casual
revenues arising either in the foreign possessions of Her Majesty, or in the United
Kingdom, which were surrendered by His said late Majesty, King William the Fourth,
for his life, and which, upon the demise of His said late Majesty, became payable to Her
present Majesty, which have accrued since the decease of His said late Majesty, or which
shall accrue during the life of Her present Majesty, (whom God long preserve,) and
which shall not have been applied and distributed in the payment of any charge there-
upon respectively, (save and except the hereditary duties of Excise on beer, ale, and cider,
in Gh-eat Britain,) shall be earned to and made part of the Consolidated Fund of the
United Kingdom of Great Britain and Ireland ; and from and after the decease of Her
present Majesty, (whom God long preserve,) all the said hereditary revenues shall be
payable and paid to Her Majesty's heirs and successors.
Lands whicli have been pureliased in the Island by the Commissioners
of "Woods, &c. on bebaK of the Crown out of moneys the produce of the
hereditary revenues will of course be considered as hereditary posses-
sions of the Crown.
A.D. 1832.— By Act 2 WiUiam IV, c. 1, (13th Febraaiy, 1832,) the
management of the Crown possessions and Land revenue was vested in
new Commissioners, to be called " The Commissioners of H!is Majesty's
Woods, Forests, Land revenues. Works, and Buildings."
A.D. 1851.— By Act 14 and 15 Vict., c. 42, (1st August,, 1851,) the
management of the Crown works and buildings was separated from
that of the woods, forests, and land revenues, and the management of
the latter was vested in two Commissioners to be styled " The Commis-
sioners of Her Majesty's Woods, Forests, and Land revenues," — the
Treasury having power to assign to one Commissioner the management
of a distinct portion of the Crown possessions.
A.D. 1866.— By " The Crown Lands Act, 1866," (6th August, 1866,)
sec. 2, one moiety of the net annual income of the Land revenue of the
Crown in respect of " coal, ironstone, or mineral, stone, slate, clay,
gravel, sand, or chalk, or of any substance obtained by mining, quarry-
ing, or excavating," shall be carried to the account of the capital of the
Land revenue, and the other moiety to the account of the income of the
Land revenue.
(Reference to various other Acts relating to the management merely
of the Land revenue, and not to the application of the revenue, has been
omitted.)
NOTE TO APPENDIX NO. I. 209
A.D. I860.— By Act of Tynwald,— " The Wreck Act, I860,"— (lOtli
August, I860,) sec. 39, it is directed as to the application of the net
proceeds of unclaimed wrecks : — (1) If the -wreck was found on the shore
of the Isle or its dependencies, or within the sea to the Isle belonging,
the net proceeds to be paid to the agent or receiver of Her Majesty's
Woods, Forests, and Land revenues ; and (2) If the wreck was found
elsewhere, then the net proceeds to be paid during Her Majesty's life
into the receipt of Her Majesty's Exchequer, in such manner as the
Treasury may direct ; and from and after Her Majesty's decease to be
paid to Her Majesty's heirs and successors. — {La Mothers Statutes, 274.)
As the revenue is derived, not from taxes levied by authority of the
Legislature, but in respect of propei-ty or rights from very ancient
times vested in the Sovereigns of the Island, from property wrested or
acquired from suppressed convents, and chiefly from rights strictly
manorial, the Island cannot be considered as having a claim to the
surplus revenue. Previous to 1765, the Lord's Land and other reve-
nues together made a kind of Manx Consolidated Fund, out of which
all Insular Government expenses were paid, — the surplus of the whole
going to the Lords. But this arrangement was one for the convenience
of the Lords merely, it being less expensive to have all branches of
revenue, as nearly as might be, brought under one management. The
manorial revenues of the Lords were not liable to the expenses of
government, any more than were the manorial revenues of the Bishops
arising from the BisTio'p's Barony, or were the manorial revenues of the
Crown of England derived from the baronies of Bangor and Sahal and
St. Trinion.
Since 1829 some of the expenses of the Government have been at
various times paid out of the Land revenue by the direction of the
Treasuiy, but as the Customs revenue, which is directly chargeable
with such expenses, and the Land revenue, were both added to the
Consolidated Fund, it was quite immaterial out of which branch of
revenue the expenses were paid.
Out of the Land revenue are paid, from time to time, charges incum-
bent thereon in respect of the tithes, and possessions of suppressed
religious houses, now part of the Land revenue ; and also grants and
donations for churches, schools, &c. Such grants and donations do not
form part of the expenses of Government; they are gratuitous contri-
butions, such as are considered morally obligatory on proprietors of
property, to be made for the benefit of the localities from whence their
income is derived.
210 NOTE TO APPENDIX NO. I.
3.— FINE mND.
The Fine Fimd is the name given to the fund formed of all casual
revenues of the Crown not belonging oi* appropriated to a particular
department, such as the Land revenue or the Customs, and is so desig-
nated from the circumstance that it consists mainly of Fines or pecuniary
penalties. The Fund may be stated generally, to be the produce of all
the revenue, not being Customs revenue or Land revenue, and not being
revenue applied to special purposes, to which prior to 1765, the Lords
of the Island were entitled.
The Fund (which has always been small in amount) has been from
time to time applied in the payment of minor expenses of the Govern-
ment, including the expenses connected with the Gaol, (the Fund being
credited with the profit arising from the work of prisoners,) some small
salaries of officials, and for many years past the expense of maintaining
the Police establishment. The Fund not being sufficient to meet the
charges upon it, the deficiency has been periodically met by payments
in aid from the Customs revenue.
Li England the casual revenues form part of the hereditary revenues
of the Crown. The casual revenues in the Island, (not connected with
the Land revenue,) as part of the sovereign rights of the Lords, were
purchased from the Duke and Duchess of AthoU in 1765, and vested in
the Crown under the Revesting Act, 5 Geo. Ill, cap. 26 ; the considera-
tion money of the purchase being paid out of the Customs revenue of
Great Britain, under the Act 12 Geo. I, cap. 28. {See Notes on the
Chronicle, sees. 24 and 28,) In the schedule to the Revesting Act, the
casual revenues are included in the words — " felons' goods, waifs and
strays, forfeitures, perquisites of Chancery, wrecks of the sea, seizures,
fines and perquisites out of the Spiritual Court, freedoms of aliens,"
&c. ;(i) though probably some of such casual revenue would belong to
the Land revenue.
It would appear that in the arrangements as to the revenue of the
Island, which resulted in the passing of " The Isle of Man Customs,
Harbours, and Public Purposes Act, 1866," the Fine Fund was treated
as in the like position as the Customs revenue, and the sum of £10,000
payable yearly to the Exchequer under that Act was considered to be
in full for the claim of the Imperial Government, both to the surplus
1 See p, 114.
NOTE TO APPENDIX NO. I. 211
Customs revenue and the casual revenues. This is shown by the follow-
ing extracts from a Treasury Minute, dated the 5 th July, 1866, directing
the mode in which the provisions of the Act are to be carried out : —
While dealing with this part of the subject [^Expenses of Government,'] my Lords will
offer some remarks ou the Fine Fund of the Island. Hitherto it has been the custom to
apply this Fund to various services connected with the administration of justice, &c., the
public being only charged with the deficiency. It appears to my Lords that it would be
more correct in principle, and more useful for purposes of comparison, if these charges
were paid in full out of Customs receipts, credit, of course, being taken for the fines as
revenue. If this course should be adopted, orders must be given to the officer who collects
the fines to pay over quarterly to the Customs department the sums which he receives.
My Lords would wish to be informed whether the Commissioners of Customs or the
Lieutenant-Governor see any objection to such an arrangement.
And under the head " Disposition of Surplus Income," —
The Treasurer should collect all fines and pay them over quarterly to the Customs. He
should make a quarterly estimate of the expenditure which has hitherto been defrayed
from the Fine Fund, and should draw for that amount on the Collector of Customs.
My Lords understand that these payments are of a minute and miscellaneous description,
and that an account of them has hitherto been rendered to the Lieutenant-Governor. If
then the Lieutenant-Governor should be of opinion that he is in a better position for
controlling such expenses than the Commissioners of Audit, my Lords would not object
to the present arrangement remaining unaltered, the Treasurer furnishing, of course, to
the Commissioners of Customs a certificate from the Lieutenant-Governor that the
account is correct, which certificate would be a sufficient voucher for the Commissioners
of Audit; but my Lords must have the assurance of the Lieutenant-Governor as to the
efiBciency of the control which he exercises.
The Lieutenant-Governor, by letter to the Secretary of the Treasury,
dated the 13th July, 1866, states with reference to the foregoing extracts
from the Treasury Minute : —
Under the head of " Expenses of Government" with reference to the proposed manner
of dealing with the Fine Fund, and respecting which their Lordships desire my opinion,
I beg to state that I entirely concur in the course the Minute proposes should be adopted.
With reference to the auditing of the Accounts of the Fine Fund, I am of opinion that
as the payments are of a minute and miscellaneous description, the Lieutenant-Governor
is in a better position for controlling such expenditure than the Commissioners of Audit.
Two or more members of the Council assist the Governor in auditing these accounts,
to which they subsequently attach their signatures ; and I fullj' believe in the' thorough
efficiency of the control thus exercised by the Lieutenant Governor and the Audit Court.
It will be thus seen that the Island receives the benefit of the casual
revenues of the Crown included under the designation of The Fine
Fvmd.
5512 NOTE TO APPENDIX NO. I.
4. — POST orncE.
A.D. 1767. — A Govemment or public Post Office in the Isle of Man
appears to have been first established under Act of Parliament 7
Geo. m, c. 50 (1767), — " An Act for amending certain Laws relating to
the revenue of the Post Office, and for granting rates of postage for the
conveyance of letters and packets between Great Britain and the Isle
of Man," — it having " been found necessary, for the convenience and
improvement of trade and commerce, and for the more safe and speedy
conveyance of letters and packets between Great Britaia and the Isle of
Man, to establish a packet boat between the port of Whitehaven in the
county of Cumberland, and the port of Douglas in the Isle of Man."
The Post Office thus established was to be under the direction and
management of the Postmaster- General of Great Britaia. By sees. 4
and 5 of the Act the Postmaster-General and his deputies are authorised
to take certain rates for the conveyance of letters, &c. to and from and
within the Island. The application of the revenue is thus directed by
sec. 7 : —
That all the monies arising by the rates aforesaid, except the monies which shall be
necessary to defray such expenses as shall be incurred in the collection and management
of the same, and all other expenses attending the said OflBce, [Post Office of Great
Britain,'] and the due execution of the Acts relating thereto, shall be appropriated and
applied to such and the same uses, to which the present rates of postage are respectively
now by law appropriated and made applicable.
The following references to the Acts of Parliament in force in 1767,
will show to what " uses" the British revenue was applicable. By the
section above recited the Manx revenue was to be applied to the like
uses.
1 Anne, Stat. 1, c. 7 (1701). — By sec. 3 the revenue of the Post Office,
being treated as part of the hereditary revenue of the Crown, is declared
to be " for the support of Her Majesty's household, and of the honor
and dignity of the Crown ;" and by sec. 7 the Sovereign is restrained
from alienating, granting, or charging the revenue beyond his or her
life.
9 Anne, c. 10 (1710), sees. 35 and 38. — After payment of the expense
of management of the Post Office, £700 weekly for 32 years from 29th
September, 1711, to be paid into the Exchequer, " towards the estab-
lishment of a good, sure, and lasting fond, in order to raise a present
supply of money for carrying on the war, and other Her Majesty's most
necessary occasions, such sum of £700 weekly to be paid in preference
to other charges. Sec. 38. — All annuities and other payments and
NOTE TO APPENDIX NO. I. 213
incumbrances charged in the revenues of the Post Office by former Acts
or Gi-ants to be next payable. Sec. 42. — One third of the surplus
revenue over and above the sum of £111,461 17s. lOd., (being the amount
of the gross revenue under repealed Acts for one year to 29th September,
1710,) and over and above the £700 weekly, to be reserved for the
disposal of Parliament,
1 George I, Stat. 1, c. 1 (1714). By this Act provision is made for
the support of His Majesty's household, &c. It is declared that the
revenues of the Post Office, &c., are to be, during the King's life, for
defi'aying expenses of the Civil Government, and better supporting the
dignity of the Crown.
3 George I, c. 7 (1716). By sec. 1 the payment of £700 weekly into
the Exchequer, under 9 Anne, c. 10, is made perpetual.
1 George II, Stat. 1, c. 1 (1727). Provision is by this Act made for
the support of His Majesty's household, &c. The Post Office revenue,
and produce of other branches of revenue, are to be, during the King's
life, for the expenses of government, &c.
1 George III, c. 1 (1760). The King having placed the hereditary
revenues of the Crown during his life at the disposal of Parliament,
provision was made by this Act for the support of His Majesty's house -
hold, and of the honor and dignity of the Crown. By sec. 3 the amount
payable to the King during his life was made chargeable on the
Aggregate Fund, and the produce of the hereditary revenues of the
Crown, including those of the Post Office, were directed to be carried
to such Fund.(i)
5 George III, c. 25 (1765). By this Act new rates of postage were
imposed. By sec. 24 the moneys ai-ising from the rates were to be
applied to such and the same uses as the former rates.
These references show the " uses" to which the revenue was applied
at the time of the passing of the Act of 1767. It may be stated gener-
ally, that the duties of postage were considered as hereditary revenue,
or as substituted for hereditary revenue ; — that provision, beyond the
hereditary revenues, was made by Parliament for Queen Anne, and
1 The Aggregate Fund was established by 1 George I, Stat. 2, c. 12 (1714). It was absorbed In
the Consolidated Fund of Great Britain, established by 27 Geo, III, c. 13 (1787), sec. 47. The
hereditary revenues of Scotland were to be carried to the Consolidated Fund by 28 Geo. Ill, c. 33
(1788), sec 13. The Consolidated Funds of Great Britain and Ireland were united by 66 Geo. Ill,
c. 98 (1st July, 1816). ♦
2b
214 NOTE TO APPENDIX NO. I.
Kings George the First and Second, during their respective lives ; the
hereditary revenues being also limited to them, without power of alien-
ation, during their lives ; — that various charges affecting the Post Office
revenue had been created by previous Sovereigns and by Parliament;
— and that on the accession of King George III, he accepted a provision
from Parliament in lieu of all hereditary revenues, which, after deduct-
ing charges of collection, and other charges affecting such revenues,
were to be carried to the Aggregate Fund.
A.D. 1787.— By Act 27 George III, c. 13 (1787), sec. 48, the revenues
of the Post Office were to be carried to the Consolidated Fund.
A.D. 1805.— By Act 45 George HI, c. 11, (12th March, 1805,)— "An
Act for granting certain additional rates and duties in Great Britain on
the conveyance of letters," — extra rates on letters to and from the Isle
of Man were imposed. By sec. 6 the rates are to be carried to the
Consolidated Fund, but the purposes for which they were raised are thus
declared : —
That all the monies arising and to arise by the said rates and duties, or any of them,
shall be deemed an addition made to the revenue, for the purpose of defraying the
increased charge occasioned by any Loan made, or Stock created or to be created, by
virtue of any Act or Acts passed or to be passed in this session of Parliament ; and that
the said monies shall, during the space of ten years next ensuing, be paid into the receipt
of His Majesty's Exchequer at Westminster, distinctly and apart from all other branches
of the public revenues ; and that there shall be provided and kept in the office of the
Auditor of the said receipt, during the said period of ten years, a book or books in which
all the monies arising from the said rates and duties, and paid into the said receipt, shall,
together with the monies arising from any rates and duties granted in this session of
Parliament, for the purposes of defraying such increased charge as aforesaid, be entered
separate and apart from all other monies paid or payable to His Majesty, his heirs or
successors, upon any account whatever,
A.D. 1820.— By Act 1 Geo. lY, c. 1 (6th June, 1820), sec. 1, the
produce of the hereditary rates, duties, payments and revenues in Great
Britain and Ireland, which were formerly carried to the Aggregate and
Consolidated Funds, were to be carried to the Consolidated Fund
during the life of the King, who, in lieu thereof, accepted a Parlia-
mentary provision for the support of his household and of the honor
and dignity of the Crown. Probably the Isle of Man Postage revenues
were not distinguished from those in Great Britain and Ireland in the
actual applicatioip of them, but the Manx revenues of Postage cannot
be considered as hereditary revenues of the Crown.
NOTE TO APPENDIX NO. I. 215
A.D. 1822.— By Act 3 Geo. IV, c. 105 (5th August, 1822),— "An Act
for granting rates of Postage for the conveyance of letters and packets
between the port of Liverpool, in the county of Lancaster, and the Isle
of Man," — duties on letters and packets conveyed to or from Liverpool
and Douglas were declared. By sec. 3 the application of the moneys to
be raised is thus directed : —
That the monies to arise by the rates and duties aforesaid, except thfl monies which
shall be necessary to defray such expenses as shall be incurred in the collection and
management of the same, shall be paid into the receipt of the Exchequer, and caiTied to
and made part of the Consolidated Fund of the United Kingdom of Great Britain and
Ireland, and applied to such and the same uses as the present rates and duties of postage
are now or shall be directed to be paid and applied.
A.D. 1837. — In 1837 a consolidation of the Post Office laws was
effected, and by Act 1 Vict. c. 33 (12th July, 1837),— "An Act for the
management of the Post Office," (which Act included the Isle of Man,)
sec. 13, it is enacted : —
That the monies to arise by the several duties granted by the Post Office Acts (except
the monies which shall be necessary to defray such expenses as shall be incurred in the
receipt and management of the same, and except all annuities and yearly sums now
charged thereon by law,) shall be paid into the receipt of Her Majesty's Exchequer, and
carried to and made part of the Consolidated Fund of the United Kingdom of Great
Britain and Ireland.
By Act 1 Vict. c. 34 (12th July, 1837),—" An Act for the regulation
of the duties of Postage," — new Postage rates to and from and within
the Isle of Man, to commence on 1st August, 1837, were enacted.
A.D. 1839.— By Act 2 & 3 Vict. c. 52 (17th August, 1839,)— "An Act
for the further regulation of the duties of Postage until the 5th day of
October, 1840," — the Treasuiy were 'authorised to alter the rates of
Postage. (Under this Act a reduced uniform rate of Postage through-
out the United Kingdom, the Isle of Man, and the Channel Islands was
established; the first minimum uniform rate being 4d, subsequently
reduced to Id. Postage stamps were also authorised by the Act to be
used.)
A.D. 1840.— By Act 3 & 4 Vict. c. 96, (10th August 1840,)— "An Act
for the regulation of the duties of Postage," — new Postage rates from
the 1st September, 1840, were enacted. (The Act required the payment
to be regulated by weight, and the minimum uniform rate of Id. within
the United Kingdom, the Isle of Man, &c. was continued. The money
order department of the Post Office, which had been previously in use,
was established by the Act.)
216 NOTE TO APPENDIX NO. I.
A.D. 1848.— By Act 11 & 12 Vict. c. 117, (4th September, 1848,)—" An
Act for rendering certain newspapers published in the Channel Islands
and the Isle of Man liable to postage," — the Postmaster- General, with
the consent of the Treasury, is authorised to fix rates of Postage on
newspapers printed or published in those Islands.
It is thus seen that the Postage revenue of the Island has been
always applied to Imperial, and not Insular, purposes. Beyond the
obtaining, from time to time, Parliamentaiy returns of the amount of
revenue, &c., no effort appears to have been made on the part of the
Island to obtaiu the surplus revenue for the benefit of the Island. But
there seems to be no valid reason why the Island is not entitled to the
surplus Postage revenue as much as to the surplus Customs revenue.
The Postage revenue arises from duties or taxes levied by Parliament
without the consent of the Legislature or people of the Island, — taxes
to which no claim could be made for Imperial purposes under the
purchase of the Sovereign rights of the Duke of Atholl, for no like taxes
existed at the time of the purchase. The advantages of the connection
of the Island with the English Postal system are inestimably great,
but still, — all expenses attending or connected with the Insular branch
of the Post Office being paid, — no substantial reason seems to exist why
revenue should be obtained for Imperial purposes from the Island by
means of the Post OflBce.
5. — HAEBOTJES.
A.D. 1577.— By the Table of " the Rates of the Customs at every
port within the Isle of Mann, allowed and confirmed by the Right
honourable Henry, Earl of Derby, Lord of the said Isle," on the 28th
June, 1577, duties called Anchorages are made payable to the Lord
in respect of " ships, barks, and pickards, both with and without cock
boats, anchoring in a dry harbour, or within the Heads." {Mills'
Statutes, 43.)
A.D. 1692. — ^The Booh of Rates illegally made by the Grovemor and
Council, and approved of by the Lord in 1692, altered the Anchorage
Duties of 1577 by reducing them by one half the amount in favour of
" the countryman," — the former rates being payable by " the stranger."
This was a change apparently for the benefit of the natives of the
Island, but the benefit given was more than made good by increased
duties on imports and exports. {Report of Commissioners of 1791,
Appendix A, No. 3.)
NOTE TO APPENDIX NO. I. 217
Whether the receipt of the Anchorage Bates by the Lords involved
on theii* part, originally, the obligation of improving and keeping in
repair and order the Harbours, cannot now be ascertained. By the Act
next referred to, by which the Legislature " with the gracious permis-
sion and condescension of his Lordship," appropriated the Anchorages
for the amendment and repair of the Harbours, it is implied that the
Harboiu's were not repaired out of the duties payable to the Lords.
A.D. 1734. — By Act of Tynwald promulgated on the 26th September,
1734, — " An Act for repairing and amending the Sea-poi'ts and Harbours
of this Isle," — duties were made payable for the repair and improvement
of the Harbours, in respect of certain ships and vessels, and of certain
goods imported and exported, for 21 years from the 29th September,
1734, and the Anchorage rates were directed to be applied, for the same
terra, for the like pui-poses. The funds were to be applied by super-
visors appointed by the Tynwald Court, and acting under the " instruc-
tions and directions" of the Court. {Mills' Statutes, 220.)
A.D. 1740.— By Act of Tynwald promulgated on the 24th June, 1740,
provision was made for the collectors of rates and supei*visors taking
oaths for the due performance of their duties, and for the appointment
of a Committee of the Tynwald Court annually, to act on behalf of the
Court. {Mills' Statutes, 262.)
A.D. 1753. — By another Act of Tynwald promulgated 5th July, 1753,
the Acts of 1734 and 1740 were continued for 21 years from the 10th
October, 1755. {Mills' Statutes, 302.)
The Insular Harbours were amongst the Sovereign rights purchased
from the Duke and Duchess of Atholl in 1765. They are included in
the words " royalties, regalities, franchises, liberties, and sea-ports," in
sec. 1 of the Revesting Act, 5 Geo. HI, cap. 26, and which by that
section are declared to be " unalienably vested in His Majesty, his heirs
and successors." As by the 4th section of the Act all " lands" were
resei^ed from the conveyance by the Duke and Duchess of Atholl to the
Crown, it has of late years been considered that the piirchase of the
Harbours and Sea-ports did not include the soil of the then Harbours,
but merely the right of Harhowr for ships and vessels, — a kind of
franchise or easement which the Crown on behalf of the public acquired
on the lauds of the Duke and Duchess and their heirs. However this
was, after 1765, and so long as the Dukes of AthoU continued in the
enjoyment of their reserved rights, the Harbours were from time to time
218 NOTE TO APPENDIX NO. I.
enlarged and improved without any compensation being made by the
Crown or tlie Harbour Commissioners of the Island to the Dukes of
Atholl. At present, compensation is made out of the Harbour funds to
the Land revenue for any land, whether part of the foreshore or bed of
the sea, required for Harbour improvements. For the same reason,
rents received for the use of lands, or for the enjoyment of special
privileges within what may be considered the precincts of the Harbours,
though formerly added to the Harbour funds, are now paid to the Land
revenue.
A.D. 1771. — Subsequently to the Revestment, the Harbours continued
to be managed under the Insular Acts until A.D. 1771, in which year
was passed an Act of Parliament, (11 George III, c. 52,) — " An Act for
repairing, amending, and supporting the several Harbours and Sea
Ports in the Isle of Man." The preamble and first section are in these
words :
Most gracious Sovereign, — Whereas the Isle of Man, from its situation in the middle
of Saint George s Channel, affords a convenient refuge for ships, in case of sudden and
cross gales of wind, which frequently happen in those narrow seas, and therefore the
preservation of Your Majesty's ships, and the interests of trade and navigation in general,
require that the several Sea Ports and Harbours thereof, now vested in Your Majestj',
should be maintained and supported in proper condition and repair. And whereas the
duties formerly imposed for this purpose by the Statutes of the said Island, arose almost
entirely from the contraband trade carried on there, which being totally suppressed since
the purchase thereof by your Majesty, the fund for maintaining the Harbours has failed,
and they are become ruinous, and likely to fall entirely to decay, unless some other funds
are provided : Now therefore, we. Your Majesty's most dutiful and loyal subjects, the
Commons of Great Britain, in Parliament assembled, do most humbly beseech Your
Majestj' that it maj' be enacted, and be it enacted by the King's most excellent Majesty,
by and with the advice and consent of the Lords Spiritual and Temporal, and Commons,
in this present Parliament assembled, and by the authority of the same. That all sums of
money that have been raised, levied, collected, or paid, by virtue of all or any of the Statutes
of the said Island, for or on account of the Harbours therein, at any time or times from
and after the seventeenth day of May, in the year One thousand seven hundred and sixty-
five, (at which time the said Island became vested in his Majestj',) until the fifth day of
Julj', in the year One thousand seven hundred and seventy-one, and which have or shall
have been paid into the hands of His Majesty's Receiver- General of the said Island, or
his deputy, shall be by him or them, or under his or their direction, immediately laid
out or employed for or towards the repairs of the several Harbours in the said Island;
and the said Receiver-General, or his deputy, shall forthwith transmit au account of such
disposal of the money to the Commissioners of the Treasury, or the High Treasurer for
the time being.
NOTE TO APPENDIX NO. I. 219
New dues on ships arriving in any of the Harbours, and on certain
goods imported into the Island, are authorised by the second and third
sections to be levied for the repair and support of the Harbours ; and by
the fourth section the " duties of ten shillings payable to His Majesty
in the said Isle, for and upon every boat or other vessel employed in
the herring fishery," and the " money arising to His Majesty from the
several bay fisheries of the said Island," are directed to be applied for
the like purpose.
The rates levied by Insular authority are repealed, and the application
of the new dues is directed by the second section in these words : —
That from and after the said fifth day of July, in the year One thousand seven hundred
and seventy-one, all and every the several and respective dues, rates, duties, and imposi-
tions, granted or payable by virtue of all ar any the said Statutes of the said Island,
for or on account of the Harbours therein, shall cease, determine, and be no longer due or
payable; anything therein contained, or any other law, statute, ordinance, custom,
prescription, or provision to the contrary notwithstanding. And instead and in lieu
thereof, there shall be raised, levied, collected and paid, for the purposes intended by this
Act, of amending, repairing, keeping in repair, and supporting the several Harbours of
tho said Island, the several and respective rates, duties, and impositions following, &c.
By the 5th section the moneys applicable to the Hai'bours are placed
under the management of Commissioners, consisting of His Majesty's
Receiver- General in the Island, his Deputy, the Collector, Comptroller,
and Searcher of the port of Douglas, the Deputy Water Bailiffs of each
of the other ports of Derbyhaven, Peel, and Ramsey, and four credit-
able and substantial merchants; one for each of the four ports of
Douglas, Derbyhaven, Peel, and Ramsey; to be elected once in every
three years by the other Commissioners.
A.D. 1814.— By Act of Parliament 54 George III, c. 143, (27th July,
1814,) — " An Act to repeal the duties gi-anted by an Act passed in the
eleventh year of His present Majesty, for repairing, amending, and
supporting the several Harbours and Sea Ports in the Isle of Man, and
for gi-anting new duties in lieu thereof, and for giving further powers
to the Commissioners appointed under the said Act," — it was (sec. 1.)
enacted : —
That from and after the passing of this Act all and every the rates and duties and
impositions granted or made payable by the said recited Apt [11 Geo. III. c. 52,] shall
cease and determine, and be no longer due or payable, and instead and in lieu thereof
there shall be raised, levied, collected, and paid, for the purposes of amending, repairing,
keeping in repair, and supporting the several Harbours of the said Island, the several and
respective rates, duties, and impositions specified and set forth in the schedule to this Act
annexed.
220 NOTE TO APPENDIX NO. I.
A.D. 1840.— By Act 3 & 4 Vict. c. 63, (7th August, 1840,)— "An Act
to extend the powers of the Commissioners appointed for the execution
of two Acts for supporting the several Harbours and Sea Ports in the
Isle of Man," — the Harbour Commissioners were [sec. 1.] empowered,
•with the consent of the Treasury, to borrow from the Exchequer Loan
Commissioners, (now the Public Works Loan Commissioners,) " on the
security of the rates, duties, penalties, forfeitures, impositions, or other
moneys, by the said recited Acts [11 Geo. Ill, c. 52, and 54 Geo. Ill,
c. 143,] granted or authorised to be raised as aforesaid," money, [sec. 4.]
" to be applied and disposed of, in, or for the repairing and amending,
improving, enlarging, securing, preserving, and maintaining the said
Harbours and Sea Ports in the said Isle of Man, and the several works
connected or to be connected therewith," subject to the control and
direction of the Treasury.
A.D. 1844.— By sec. 19 of the Act 7 & 8 Yict., c.43, (19th July, 1844,)
— " An Act to amend the Laws relating to the Customs in the Isle of
Man," — the Harbour duties and rates imposed by the Act 54 Geo. Ill,
c. 143, were repealed, and by sec. 20 it was directed that there should be
paid to Her Majesty's Receiver- General, out of the Customs revenue,
£2,300 yearly, to " be applied by the said Harbour Commissioners to
the same purposes to which the duties imposed by the said Act, and
hereby repealed, would be lawfully applicable by the said Harbour
Commissioners."
A.D. 1845. — The last mentioned Act of 1844 was was repealed by Act
8 & 9 Yict., c. 84, sec. 2, (4th August, 1845,) but by Act 8 & 9 Yict,
c. 94, sec. 25, (4th August, 1845,) the payment of £2,300 yearly out of
the Customs revenue was continued.
A.D. 1853. — The Act of 1845, last mentioned, was repealed by see. 348
of " The Customs Consolidation Act, 1853," (16 & 17 Yict., c. 107,—
20th August, 1853,) — and by sec. 354 of the same Act the payment of
£2,300 yearly, out of the Customs revenue, " to be applied for the lawful
purposes of the Harbour Commissioners," was continued. By sec. 355
of the Act further provision was made for the Harbours in these words :
In addition to the deductions from the Customs duties hereinbefore provided for, there
shall be set aside annually a sum equal to one-ninth part of the amount derived from
such duties, to be applied by the Commissioners of the Treasury in effecting improvements
in the Harbours and other public works in the Isle of Man, the necessary repairs and
improvements in the Harbours taking priority to other public works, and it shall be
lawful for the Court of Tynwald from time to time to determine what improvements and
public works shall be so undertaken, the Lieuteuaut- Governor having a veto upon such
decision.
NOTE TO APPENDIX NO. I. 22l
A.D. 1854.— By sec. 1 of the Act 17 & 18 Vict., c. 94, (lOth August,
1854,) the charges on the Customs revenue under the last mentioned Act
of 1853 were made chargeable on the Consolidated Fund of the United
Kingdom instead of the Customs revenue.
A.D. I860.— By sec. 1 of the Act 23 & 24 Vict., c. 56, (6th August,
I860,) — " An Act to make further provision for improvements in the
Harbours of the Isle of Man," — ^the Harbour Commissioners were
authorised with the approbation of the Treasury, to borrow on the
security of the annual sum of £2,300, to be applied under sec. 354 of the
Act of 1853, and of the sums to be set aside annually for effecting
improvements under sec 355 of the same Act, or of the annual sums to
be applied or set aside under either of such sections, money, " for the
purpose of effecting improvements in the Harbours," but by sec. 5 all
money borrowed on the security of the sums to be annually set aside
under sec. 355 of the Act of 1853 are to " be applied to such improve-
ments and works only as the Court of Tynwald shall have determined
to be undertaken."
A.D. 1863.— By sec. 2 of " The Isle of Man Harbours Act, 1863,"—
(26 & 27 Vict., c. 16,— 28th July, 1863,— An Act to authorise the taking
of Harbour dues at Port Erin in the Isle of Man, in order to provide a
fund for the improvement of the Harbour, and for other purposes :) —
the Harbour Commissioners are authorised to take dues in respect of
vessels entering the Harbour. By sec. 4 the Harbour Commissioners
are empowered, with the approval of the Board of Trade, to borrow " on
thp security of the dues leviable under this Act, or on that security '
jointly with any other security, or on such other security alone, such
money as may seem necessary for the making and maintaining of the
intended improvements of the Harbour." By sec. 5 it is directed that
the Harbour Commissioners
Shall apply all money received by them in respect of the dues and all other money
coming to their hands from the Harbour, or from any property connected therewith
belonging to the Commissioners, for the purposes and in the order following, and not
otherwise :
(1) In paying any expenses preliminary to or connected with the preparation and
passing of this Act :
(2) In paying the expenses of the maintenance, management, and regnlation of the
Harbour :
(3) In paying the interest on any money borrowed under this Act, and any sum pay-
able on account of the principal thereof :
20
222 NOTE TO APPENDIX NO. I.
And the Commissioners shall from time to time, subject to the approval and in confor-
mity with any directions of the Board of Trade, revise the scale of dues received under
this Act, so that the produce thereof may always be, as far as is practicable, sufficient,
and not more than sufficient, for the payments before in the present section directed, but
80 that the dues levied do never exceed in amount the dues specified in the schedule to
this Act.
A.D. 1864. — By sec. 2 of " The Isle of Man Harbours Amendment
Act, 1864," (27 & 28 Yict., c. 62, 25th July, 1864,)— it is provided that if
there be any deficiency iu the dues which will be payable in respect of
the works proposed to be erected at Port Erin, by the application of a
loan of £58,200, intended to be made under the Act of 1863, by the
Public Works Loan Commissioners, to meet the claims of such Commis-
sioners to payment, as such claims fall due, the amount deficient to an
extent not exceeding £1,600 in any one year, shall be charged and paid
out of any sui-plus Customs revenue of the Island, after providing for
aU existing charges upon such revenue, and before any charges of a
new and distinct character are imposed thereon ; — the amount paid out
of the Customs revenue, with interest at the rate of 3^ per cent., to be
repaid out of the Hai-bour dues when sufficient.
A.D. 1866. — By " The Isle of Man Customs, Harbours, and Public
Purposes Act, 1866," (29 Yict., c. 23,— 18th May, 1866,) sec. 4, the Com-
missioners of Customs are directed out of the Insular duties of Customs
to pay the annual sum of £2,300 made payable by the Act 8 & 9 Vict.,
c. 94, sec. 25, " to be applied for the lawful purposes of the Harbour
Commissioners therein mentioned." By sec. 5 there is directed to be
set aside out of the Customs duties a sum equal to one-ninth part of the
gross amount of the duties of Customs " to be applied by the Commis-
sioners of the Treasury in eff'ecting improvements in the Harbours
and other Public Works iu the Isle of Man, the necessary repairs and
improvements in the Harbours taking priority to other public woi'ks,"
the Tynwald Court determining what improvements and public works
shall be undertaken ; " such one-ninth part of the gross amount of the
duties of Customs collected in the Isle of Man, being in satisfaction of,
and in substitution for," a like part of the Customs duties directed to be
applied under sec. 355 of the Customs Consolidation Act, 1853. By
sec. 6 the Harbour Commissioners are authorised, with the approbation
of the Treasury, to borrow on the security of two other ninth parts of
the gross amount of the Customs revenue such sum or sums of money
as the Tynwald Court, with the like approbation, " may have determined
to be necessary for the purpose of effecting improvements in the
NOTE TO APPENDIX NO. I. 223
Harbours of the Isle of Man." By sec. 7 it is provided, by way of
substitution for sec. 2 of the Harbour Act of 1864, that any deficiency
in respect of the works at Port Erin to meet the claims of the Public
Works Loan Commissioners, to an extent not exceeding £1,600 yearly,
shall be charged on the sum of £10,000 payable out of the Customs
duties, under the same section 7, into the receipt of Her Majesty's
Exchequer. Sec. 10 contains the following provision as to Harbour
dues : —
In case the dues which, under the authority of any Act of Parliament heretofore
passed, may be taken from vessels using any of the Harbours in the Isle of Man, shall not
be sufficient to keep down the interest and instalments of principal payable under any
mortgage of the said dues made under the authority of any Act of Parliament, it shall be
lawful for the Commissioners of Her Majesty's Treasury, with the consent of the Court
of Tynwald, from time to time to alter the scale of dues, but so as not to reduce the same
or any of them below the amount prescribed by any Act of Parliament.
The same section authorises the Treasury, with the consent of the
Tynwald Coui*t, to revise, the constitution of the Harbour Commis-
sioners. (Sections 4, 5, 6, and 7, are given at length at p. 200.)
From these various extracts and references it will be seen that
(except as to Port Erin,) no revenue for Harbours by way of duties or
rates is now raised, or authoiised to be raised, — the whole moneys
required for Harbour purposes, with the exception of the revenue
arising from the bay or salmon fisheries, — revenue of very small amount,
— being paid out of the Customs duties. As to Port Erin, after the
dues there become payable, the Harbour Commissioners, with the
approval of tbe Board of Trade, may, by authority of the Act of 1863,
sec. 5, under certain circumstances, reduce the scale of dues set forth in
the Act ; and the Treasury, with the consent of the Tynwald Court,
may, by authority of the Act of 1866, sec. 10, under certain circum-
stances, increase such scale of dues.
[Lighthouse dues may be payable, by order of Her Majesty in Council,
to the Harbour Commissioners as a Local Authority, under sees. 46 & 47
of Act 25 & 26 Vict., c. 63. But as to such dues, see under next head
of Revenue — Idghthoiises.'}
6. — LIGHTHOTISES.
Until 1815, no revenue was raised specially for Lights on the coasts
of the Island. Whatever Lights existed, were maintained out of the
Harbour revenues. The condition of the Lights may be inferred from
224 NOTE TO APPENDIX NO. I.
the following description of that at Douglas contained in the examina-
tion of Nicholas Christian, harbour master, before the Commissioners of
Inquiry in 1791. {Appendix D io their Report, No. 17.)
In 1787, eighty-four yards of the lowest end of the pier, with a Lighthouse thereon,
was destroyed by a violent gale of easterly wind, and has not since been rebuilt. The
only light at present to direct vessels into the Harbour is a lanthorn upon a pole erected
at the extremity of the remains of the former pier which was destroyed in 1787, — the
former Lighthouse was a brick building between 30 and 40 feet high, lighted each night
by seven or eight half-pound candles, with a tin circular reflector behind them of about
8 feet diameter, and could be seen at the distance of 4 or 5 leagues at sea : he thinks the
present light cannot be seen above a mile at sea. There is no person to attend the present
light through the night ; but about 12 or 1 o'clock a person goes to trim and put fresh
oil in the lamp.
The Commissioners in their Report {page 92,) thus refer to the
subject of Lighthouses : —
The erecting of Lighthouses in the Isle of Man was a measure we heard frequently
discussed and much recommended during our stay in the Island. None are there at
present. In dark and stormy nights, upon coasts extremely dangerous, the want of them
must, we should think, be severely experienced, and the loss of money, lives, and much
property ensue. Indeed the general security of the navigation of that part of St. George's
Channel could not, it should seem, fail to be promoted by Lights erected on a spot so
commanding and central as the Isle of Man, and the homeward and outward trade of
the contiguous ports of England, Scotland, and Ireland, to be particularly benefited. The
Calf of Man, Langley's Point, Douglas Head, and the Point of Airds, are the several
spots selected as the most fit for erecting Lighthouses.
Trinity House. — Under the supposed authority of an Act of Parlia-
ment, 8 Eliz., c. 13 (1565), — "An Act touching Sea-marks and Mariners,"
— by which the Corporation of the Trinity House of Deptford Strond
was empowered to place " beacons, marks, and signs of the sea, in such
place or places of the sea shores, and uplands near the sea coasts, or
forelands of the sea," — which provision was by Act 48 George III,
c. 104, sec. 61, (25th June, 1808,) and afterwards by sec. 90 of 6 Geo. IV,
c. 125, (5th July, 1825,) extended to all vessels duly appointed to
exhibit Lights therein for the preservation of ships and vessels at sea,"
— ^the Trinity House, in 1847, placed a floating-light vessel on the
Bahama Bank, about 7 miles E. by N. fi'om the town of Ramsey. Tolls
for the maintenance of the Light were received under Royal Letters
Patent, dated 29th July, 1847, and by a subsequent Order in Council.
{Parliamentary Paper, sess. 1853, No. 977.) The Acts of Parliament
referred to do not extend to or include the Isle of Man.
NOTE TO APPENDIX NO. I. 225
A.D. 1815.— By authority of Act of Parliament, 55 George HI, c. 67,
(Local) — " An Act for enabling the Commissioners of the Noi*them
Lighthouses to erect Lighthouses on the Isles of Man and Calf of
Man," (7th June, 1815,) — such Commissioners of Northern Lighthouses
erected Lighthouses on the CaH of Man and at the Point of Ayre. The
Act recites other Acts of Pai'liament relating to the erection and main-
tenance of Lighthouses^n Scotland by the Commissioners. By the Act
they were authorised to purchase lands, to take rates or duties from the
masters or owners of ships and decked vessels passing the Lights, or
sailing within certain limits, and to borrow money on the security of
the rates for the erection of the Lighthouses and buildings. The appli-
cation of the revenue is thus directed by sec. 5 : —
That the said Commissioners shall apply the produce of the rates and duties by the
said recited Acts and this Act granted, in making the purchases aforesaid, in erecting
and maintaining the said Lighthouses and other buildings, exhibiting proper lights
therein, in paying the expenses of preparing and passing this Act, and in repaying the
money to be borrowed and interest thereof : And the surplus or residue of the rates and
duties by the said recited Acts and this Act granted, which shall remain after answering
the purposes of the said recited Acts and this Act, shall once in every year be vested in
some one or other of the public Funds ; and the same, together with the interest thereof,
shall be allowed to accumulate until the yearly interest shall amount to a sum equal to
the whole expence attending the Lighthouses under their charge, when the whole rates
and duties by the said recited Acts and by this Act granted, shall cease and determine.
A.D. 1836.— By Act 6 & 7 William lY, c. 79, sec. 40, (13th August,
1836,) the rates payable to the Commissioners were reduced in amount.
A.D. 1853. — By "The Merchant Shipping Law Amendment Act,
1853," (20th August, 1853,) sec. 4, after the 1st October, 1853, the
Lighthouse toUs or dues received by the Trinity House, the Commis-
sioners of Northern Lighthouses, &c., were directed to be carried to
" one Aggregate Fund, to be called The Mercantile Marine Fund, such
Fund to be applicable to the purposes of the services in respect of which
the said tolls, rates, fees, and payments are levied, and to the execution
of works necessai'y or expedient for permanently reducing the expense
of such services, and, save as hereinafter specially mentioned, to no
other purpose whatever." By sec. 11, upon the erection of any new
Lighthouse, Her Majesty, by Order in Council, was authorised to fix
the tolls to be paid in respect thereof ; and by sec. 15, in like manner,
the tolls or rates might be reduced, increased, or varied.
A.D. 1854.— By " The Merchant Shipping Act, 1854," (10th August,
1854,) sec. 389, the superintendance and management of aU Lighthouses,
Buoys, and Beacons in Scotland, and the adjacent seas and islands, and
226 NOTE TO APPENDIX NO. I.
in the Isle of Man, are vested in the Commissioners of Northern Light-
houses, (one of the General Lighthouse Authorities constituted by the
Act,) but subject to the powers or rights lawfully enjoyed or exercised
by any person or body of persons having by law or usage authority over
local Lighthouses, Buoys, or Beacons, (in the Act named Local Author-
ities,) and subject also under sees. 392 and 393 to the inspection of the
Trinity House and Board of Trade. By sec. o96 the Light dues in
respect of existing Lighthouses, Buoys, and Beacons then payable to
the General Lighthouse Authorities, are continued ; but by sec. 397 the
dues are subject to revision by Her Majesty in Council. By sec. 404
each General Lighthouse Authority, vrith the sanction of the Board of
Trade, to be obtained through the Tnnity House, may erect or place
new Lighthouses, Buoys, and Beacons, &c. By sec. 410 Her Majesty,
by Order in Council, may fix dues to be payable in respect of new
Lighthouses, Buoys, and Beacons. By sec. 413 provision is made for
the surrender or sale of Lighthouses, Buoys, or Beacons by a Local
Authority to the General Lighthouse Authority ; and Her Majesty may,
by Order in Council, direct the payment of such dues as might be fixed
and made payable if the surrendered or sold Lighthouse, Buoy, or
Beacon were new. The appHcation of the Light dues is directed by
sec. 403 in these words : —
All Light dues coming to the hands of any of the said General Lighthouse Authorities
under this Act shall be carried to the account of The Mercantile Marine Fund herein-
after mentioned, and shall be dealt with in manner hereinafter prescribed.
Sec. 418 of the Act directs to what purposes the Mercantile Marine
JPund shall be applied. These purposes include the expenses of Local
Marine Boards, and the survey of passenger ships, the expenses incurred
by the General Lighthouse Authorities, expenses in maintaining life
boats, &c., for afi'ording assistance towards the preservation of life and
property in cases of shipwreck and distress at sea, and for rewarding
the preservation of life in such cases ; the expenses incurred with regard
to the performance of the duties of Receivers of Wrecks, and any
expenses specially charged on the Fund by Act of Parliament.
A.D. 1862.— By " The Merchant Shipping Act Amendment Act, 1862,"
(29th July, 1862,) sec. 46, Her Majesty in Council, on the application of
a Local Authority, may fix dues to be paid to such Local Authority in
respect of shipping, wherever a "Lighthouse, Buoy, or Beacon is
erected or placed, or reconstructed, repaired, or replaced by the " Local
Authority. The application of the Light dues payable to a Local
Authority is directed by sec. 47 : —
NOTE TO APPENDIX NO. I. 227
All Light daes leviable by any Local Authority under this Act shall be applied for the
purposes of the construction, placing, maintenance, and improvement of the Lighthouses,
Buoys, and Beacons, in respect of which the same are levied, and for no other purpose.
Her Majesty may, by Order in Council, from time to time reduce, alter, or increase all
or any of such dues, so that the same may, as far as it is practicable, be sufficient, and
not more than sufficient for the payment of the expenses incurred by the Lonal Authority
in respect of the Lighthouses, Buoys, or Beacons, for which the dues are levied.
One Lighthouse, — that at Douglas Head, — has been surrendered by
the Harbour Commissioners to the Northern Lighthouse Commis-
sioners under the power contained in sec. 413 of the Act of 1854, and
Light dues are levied by the last-named Commissioners in respect of
such Lighthouse, and of those at the Calf of Man and Point of Ayre.
All other Lighthouses are maintained by the Harbour Commissioners,
who have not yet sought to obtain Light dues under the authority of
sec. 47 of the Act of 1862.
With respect to the application of any surplus revenue arising from
Lighthouses, &c. in the Island under the management of a General
Lighthouse Authority, after payment of expenses, it wiU be seen from
what has been stated, that the Island participates in the benefit of the
surplus so far as it participates in the expenditure from the Mercantile
Marine Fund, for life boats, preservation of life and property in cases
of shipwreck, &c., under sec. 418 of the Act of 1854.
No surplus revenue available for any general purposes can arise from
the dues which may be levied in respect of Lighthouses, Buoys, or
Beacons, under the management of a Local Authority, as the whole
revenue is to be applied solely for the maintenance, improvement, &c.
of the Lighthouses, Buoys, or Beacons, in respect of which the dues
may be payable.
n. — Taxes for other purposes formerly imposed by Parliament, but
now repealed, may be classed under the following heads : —
1. Greenwich Hospital.
2, Merchant Seaman's Fund.
The duties for Greenwich Hospital were imposed, or rather were
assumed or declared to he imposed previous to the Revestment in 1765,
and the fact of Parliament assuming to impose them, is apparently a
228 NOTE TO APPENDIX NO. I.
contradiction of tlie statement on p. 142, that Parliament, in 1767, by
Act 7 Geo. Ill, c. 45, "/or the first time assumed the power to impose
taxes on the people of the Island." Perhaps the more con-ect expression
would have been — "for the first time assumed the power to impose
taxes on the people of the Island, and levied them." But substantially
the statement is true. The earlier taxes, as will be seen, affected not
the Manx people generally, but a very limited class of them only — the
seamen, — but from such limited class no such taxes were levied in the
Isle of Man prior to 1765. The assertion that they were not so levied
has been on the part of the Island frequently made, and it does not
appear to be capable of denial or contradiction. The Acts imposing
these taxes do not appear to have been acted on or even recognised in
the Island. The duties for the Merchant Seaman's Fund did not affect
seamen in the Isle of Man previous to 1834, even if they did then
which, it wiU be seen, is doubtful. But Manx seamen, as subjects of
the Crown, when in England, were liable to the payment of the duties
under both heads. Although the term taxes is here applied to the pay-
ments to be made under the Acts referred to, they were evidently
considered by Parliament as payments, though compulsory, made by
the seamen for their own benefit and " encouragement."
1, — GKEENWICH HOSPITAI..
A.D. 1696.— By Act 7 & 8 Wm. IH, c. 21, (1696,) it was enacted that
every seaman who should serve His Majesty, his heirs and successors, or
any other person in any of His Majesty's ships, or in any ship or vessel
belonging to the "subjects of England," or any other His Majesty's
dominions, should allow out of his wages sixpence per month, for the
better support of the Royal Hospital for seamen at Greenwich.
A.D. 1711.— By Act 10 Anne, c. 17 (1711), the liability to the duty
extended to, and payment was directed to be made by every seaman or
other person employed in any ship or vessel belonging to " any of the
subjects of Great Britain or Ireland, or dominions thereunto belonging."
Certain apprentices were exempted from the payment of the duty.
A.D. 1729.— By Act 2 Geo. H, c. 7, (1729,) the liability to the duty
was farther extended to, and payment was directed to be made by every
seamen and other person" that shall serve or be employed in any ships
or vessels belonging, or that shall belong, to any of the subjects of His
Majesty, his heirs or successors, within the said Islands of Jeraej,
NOTE TO APPENDIX NO. I. 229
Guernsey, Aldemey, Sark, and Man, and every of them respectively,
and within all and every His Majesty's Colonies, Islands, and dominions,
in America." Persons employed iu fishing for home consumption on
the coasts thereof only were exempted from payment of the duty. The
receivers of the duty in England were empowered " to depute and
appoint any officer or officers of the Customs of His Majesty, his heirs
or successors, in the several ports of the said Islands, Colonies, and
dominions respectively, or such other person or persons" as they should
think fit to collect the duty.
The preamble of the last mentioned Act contains a remai'kable
declaration and admission by Parliament that the Isle of Man and other
places named are not included in words declaring an Act applicable to
all the dominions of Great Britain and Ireland, and that to bind the Isle
of Man it must be referred to by express name. The preamble recites
the power as to collection of the duty given by 10 Anne, c. 17, and thus
proceeds : —
Which power not extending to the Islands of Guernsey, Jersey, Aldemey, Sark, and
Man; nor to His Majesty's Colonies, Islands, and dominions in America, the said duty of
sixpence per mensem has not hitherto been collected in any of the said Islands, Colonies,
or dominions, notwithstanding the general direction in the said Act of the tenth of Queen
Anne, that the same should be paid by all masters, owners, seamen, and others employed
in any ships or vessels belonging to any of His Majesty's subjects of Great Britain and
Ireland, and the dominions thereunto belonging, to the great loss and prejudice of the
said Hospital.
In 1729 there were no colleetors or officers of His Majesty's Customs
in the Isle of Man. Officers of Customs had been sent in the reign of
Queen Anne to the Island, and by Act of 1711 the Insular Legislature
conferred certain powers on the English officers, but such powers were
suspended by Act of 1714, and they were not revived. {Mills' Statutes,
195, 208.)
A.D. 1745. — By Act 18 Geo. II, c. 31, (1745,) every officer or seaman,
or other person employed in any privateer or private ship of war, having
a letter of marque, belonging to any of the subjects of Great Britain
or Ireland, or dominions thereunto belonging, or to any of the subjects
of His Majesty within the Islands of Jersey, Guernsey, Alderney, Sark,
and Man, or within His Majesty's Colonies, Islands, and dominions in
Ajnerica, is required to pay the duty of sixpence per month.
A.D. 1834.— By Act 4 & 5 Wm. IV, c. 34, (25th July, 1834,) the
several Acts as to the payment of the duty were repealed, and in lieu of
the duty a sum of £20,000 yearly, chargeable on the Consolidated Fund,
was made payable to the Commi^ioners of the Hospital.
^ 2d
230 NOTE TO APPENDIX NO. I.
The benefits of the Hospital were not originally confined to seamen
in the service of the Crown, but they were intended for the benefit of
all seamen who registered themselves for the service of the Crown, and
who " should by age, wounds, or other accidents, be disabled for future
service at sea, and should not be able to maintain themselves comfort-
ably, and for the children of such disabled seamen, and the widows and
children of such of them as should happen to be slain, killed, or drowned
in sea-service," " so far forth as the said Hospital should be capable to
receive them, and the revenue thereof would extend." Afterwards the
benefits were extended to every seaman " having been wounded, maimed,
or hurt, in defending any ship belonging to the subjects of this kingdom
against the enemies thereof, or in taking any ship from the enemy, and
thereby being disabled for sea service ;" and again to " every seaman on
board any merchant ship who shall be maimed in fight against any
pirate :" and subsequently to " seamen on board any merchant ship or
vessel, who shall be maimed in fight against any enemy of His Majesty,
his heirs and successors." [Preamble to Act 20 Creo. II, c. 38.)
2. — MEKCHANT SEAMAN'S FUND.
A.D. 1747. — This Fund was established by Act of Parliament 20
Geo. n, c. 38, (1747,) by reason of Gieenwich Hospital not being
" capable to receive, nor the income thereof sufficient to provide for the
seamen in the service of the Royal Navy, who are wounded, maimed, or
worn out by age, or otherwise intitled to the benefits thereof, so that
the seamen in the Merchants' service, maimed and disabled in fight,
have seldom or never been admitted into the said Hospital, though
intitled thereto, and proper objects of chanty;" and by reason of there
being " no provision at all made [by the Greenwich Hospital Acts] for
such seamen in the Merchants' service as are maimed or disabled by
accidental misfortune, or for those worn out by age, or for the widows
and children of those who shall be killed, slain, or drowned in the said
service." By sec. 1 was created a Body Corporate for the management
of the Fund ; and by sec. 17, sixpence per month is to be paid by every
seaman or other person employed in any merchant ship, or other
private ship or vessel belonging " to any of the subjects of His Majesty,
his heirs or successors, in that part of Great Britain called England"
to the Fund. Certain apprentices, persons engaged in fishing on the
coasts, and persons employed in boats on rivers were exempted from
the payment. This Act has no reference to the Isle of Man; — its
operation was confined exclusively to England.
NOTE TO APPENDIX NO. I. 231
A.D. 1834.— By Act 4 & 5 Wm. IV, c. 52, (13th August, 1834,) the
former Act was partially repealed, and the benefits o£ the Fund
extended. By sec. 5 the sum of two shillings per month is required to
be paid to the Fund by every master ; and by sec. 6 the sum of one
shilling per month by every seaman, pilot, and other person employed
in any merchant ship, or other private ship or vessel belonging to any
" of the subjects of His Majesty, his heirs or successors, whether the
said ship or vessel shall be employed on the high sea or coasts of Great
Britain or Ireland." By a proviso to sec. 6 persons employed in boats
on the coasts of Great Britain or Ireland, or the Islands of Guernsey,
Jersey, Alderney, Sark, and Man, in taking fish, and persons trading
within rivers, are exempted from the payment. It is manifest that the
words enacting the payment of the duty are not sufficient of themselves
to extend the operation of the Act to the Isle of Man. If seamen in
the Isle of Man were intended to be included, it was only by inference
from the circumstance that in the proviso persons fishing on the coasts
of the Island are exempted, but such proviso could hardly have the
effect of extending the operation of the words in the enacting part of
the clause ; and besides the proviso was capa.ble of taking complete
effect by exempting subjects of the Crown in Great Britain or Ireland
who might be fishing on the coasts of the Isle of Man.
A.D. 1851.— By " The Seaman's Fund Winding-up Act, 1851," (14 & 15
Yict., c. 102, — 8th August, 1851,) sec. 20, compulsory payments to the
Fund cease.
III. — In connection with the subject of the Revenue, it remains now
to refer to the rates or duties existing or levied under Insular authority,
and not included under the foregoing heads.
Temporary Purposes.
Money for special and temporary pui-poses has, on several occasions,
been levied by a general rating by authority of Acts of Tynwald.
(1) Under Act of Tynwald, 2nd February, 1709, £160 " upon the several
tennants and inhabitants of this Island out of their severall and respec-
tive buildings, as well Abbey lands as Lord's lands, milnes, cottages,
and intacks," for the purpose of defraying the charges incurred by the
Commissioners on behalf of the Island in treating with the Lord as to
the Act of Settlement ; the sum of £20 towards erecting or procuring a
convenient place in Castletown for the Keys to meet in, instead of
232 NOTE TO APPENDIX NO. I.
Castle Rushen ; and the sum of £10 for the repaiiing and finisliing the
south and north aisles of St. John's Chapel ; — the last two sums to be
levied " upon aU and every the tennants and inhabitants of this Isle, as
■well Barron's tennants as Lord's tennants ;" (the Act of Settlement
affected the Lord's and Abbey tenants only, the two latter sums were
for the benefit of the Island at large ; the purposes for which the money
was to be applied being the providing places for the meetings of Tyn-
wald, or of the House of Keys, — one branch thereof.) {Mills' Statides,
183.) (2) Under Act of Tynwald, 24th June, 1711, £100 to be levied
from the several tenants and inhabitants out of their respective holdings,
to defray the charges of the persons to be " sent from this Island to
attend the English Parliament for obtaining a free trade for this Island
with Great Britaine," and a further sum of £5 for the expenses of
coUection. {Mills' Statutes, 193.) (3) Under Act of Tynwald, 1st
October, 1739, the repairs and amendment of " the chappel of St. John
Baptist at the Tynwald," out of a fund to be raised by a Capitation tax
of one penny payable by every inhabitant, native and stranger, of
sixteen yeai*s of age and upwards, (with certain exceptions,) yearly for
14 years, {Mills' Statutes, 257.) And (4) under Act of Tynwald, 5th
July, 1753, " for the encouragement of publick industry, in such branches
and in such manner as shall hereafter be agreed upon by the Governor,
Officers, Deemsters, and twenty-four Keys, as occasion offers well," the
sum of 6s. 3d. out of the duty of 123. 3d., — the duty then made payable
for each Public-house Licence. {Mills' Statutes, 303.)
House of Keys.
Money for payment of the expenses of the House of Keys has been
provided from time to time : —
Act of Tynwald, 26th Sept. 1734, " for reparation of their House,
and to find other necessarys at the times of their meetings," 9d. out of
the duty of 2s. 6d. then made payable for each Public-house Licence.
{Mills' Statutes, 226.)
Act of Tynwald, 5th July, 1813, " for the purpose of repairing or
improving the House wherein the Keys assemble on public business,
and other purposes of the like nature, as the House of Keys may in their
discretion order and direct, the sum of Is. 9d. out of the duty made pay-
able for each Licence to sell ale, wines, spirits, &c. {Mills' Statutes, 418.)
A like sum was appropriated out of the duty made payable for each
Licence to sell ale, &c., under Act of Tynwald, 29th December, 1819,
*' to the House of Keys for the purpose of repairing or improving the
NOTE TO APPENDIX NO. I. 233
house wierein the Keys assemble oh public business, and for such other
purposes as the House of Keys may in their discretion order and direct."
{Mills' Statutes, 480.)
Act of Tynwald, 20th Sept., 1830, sec. 15, " for the purpose of repair-
ing or improving the house wherein the Keys assemble on public
business, and for such other purposes as the House of Keys may in their
discretion order and direct," the sum of Is. 6d. British, (or Is. 9d. in
Manx cuiTcncy — the currency previously refen*ed to in the Acts,) out
of the duty then made payable for each Licence to sell ale, &c.
(Geneste's Statutes, 35.)
Under " The Taverns' Act, 1857," sec. 23, the sum of £100 yearly is
appropriated out of the duties then made payable for Licences to retail
ale, &c., " to the House of Keys, for the purpose of being applied in
repairing or improving the house whereia the Keys assemble on public
business, and for payment of such other expenses as the House of Keys
may incur in discharge of their public duties." {La Mothe's Statutes, 128.)
The amount appropriated to the House of Keys not having been
sufficient, provision for the payment of the deficiency at the time of the
first dissolution of the House under " The House of Keys Election Act,
1866," was thus made by sec. 138 of the Act : —
Whereas the moneys heretofore payable to the House of Keys out of the duties received
for public house and other Licences for the purpose of being applied in repairing or
improving the House wherein the Keys assemble on public business, and for payment of
such other expenses as the Keys may incur in the discharge of their public duties, have
been insuflScient for such purposes, and there is now owing by the House of Keys the
sum of £250, or thereabouts, for payment whereof provision ought to be made, the said
sum shall therefore be a charge on the Fund called the Isle of Man Accumulated Fund
mentioned in the ninth section of a certain Act of Parliament called " The Isle of Man
Customs, Harbours, and Public Purposes Act, 1866," and the said sum shall be paid to
such person or persons as may be named in a Resolution of the said House of Keys
before the dissolution thereof under this Act, for the purpose of applying the same in
discharge of the obligations incurred by the said House.
Under the same Acts of 1734, 1813, 1819, 1830, and 1857, part of the
revenue raised was to be paid to the Comptroller or Clerk of the Rolls,
and the Secretary to the Governor, but the payments to them are
evidently remuneration for the trouble with respect to the issue of the
Licences, and accounting for the duties.
Various dues, charges, or obligations in respect of persons or property
exist by Common Law, or ancient custom, such as Lord's or chief rent
and manorial services, tithes, church i*ates or assessments, commonly
234 NOTE TO APPENDIX NO. I.
called church cess, Easter offerings, parish clerks' dues, and sumners'
dues. With respect to some of these, special Acts of Tynwald have
been passed from time to time.
Lord's Rent, &c.
Disputes, questions, and differences " which had arisen between the
Lords of the said Isle and their tennants, touching their estates, tenures,
fines, rents, suites, and services," were, with respect to the manor of
Man commonly called Lordfs lands, and the Abbey lands, arranged by
the " Act of Settlement," 1704, confirmed by Act of Tynwald, 1777.
{Mills' Statutes, 162, 361.)
Tithes.
By Act of Tynwald, 1839,—" An Act for the Commutation of Tithes
in the Isle of Man,"—" for the purpose of further encouraging the
industry of owners and occupiers of land, and for avoiding all future
controversies between the clergy and the people respecting tithes," the
tithes to which the Crown, the Bishop and clergy, and the tnistees of
Dr. Thomas Wilson's Charity were entitled in respect of the lands
coming within the operation of the Act, were commuted into a rent-
charge on the lands. {Gell's Statutes, 6.)
Chwtch Cess.
The ordinary mode of levying cess by the resolution of the parishioners
in vestry has been by various Acts dispensed with. The expense of the
maintenance of a school building in each parish falls, by ancient custom,
on the parish, and is included in the church assessment.
By the Kirk Patrick Church Act, 1710, four overseers to be appointed
by the Bishop were authorised to call upon and oblige the parishioners
to perform the labour necessary for erecting the church. {Mills'
Statutes, 191.) By the Kirk Lonan Church Act, 1733, the church-
wardens and four assistants ; by the Kirk Arbory Church Act, 1758,
the vicar and wardens ; by the Kirk Andreas Church Act, 1800, the
wardens and sidesmen ; by the Jurby Church Act, 1813, the wardens
and sidesmen; {Mills' Statutes, 214, 325, 402, 406,) by the BaUaugh
Church Act, 1830, the Kirk Lonan Church Act, 1830, the Kirk Conchan
Church Act, 1830, and the Lezayre Church Act, 1832, the wardens and
sidesmen; {Geneste's Statutes, 57, 60, 65, 100,) by the Kirk Michael
Church Act, 1834, the wardens and sidesmen ; {Jeffcotfs Statutes, 16,)
by the Kirk Michael School-House Act, 1839, the wardens ; by the Kirk
NOTE TO APPENDIX NO. I. 235
Marown Church Act, 1847, the wardens and sidesmen; by the Kirk
Braddan Burial Ground Act, 1848, the wardens of St. Matthew's chapel
in Douglas, as to the town of Douglas, and the wai-dens of the parish as
to the remainder of the parish ; {Gell's Statutes, 28, 113, 175,) by the
Conchan Burial Ground Act, 1857, the churchwardens ; {La Motlie's
Statutes, 153,) and by the Malew Burial Ground Act, 1865, the church-
wardens were authorised to raise the amount of assessment required in
the respective cases.
Schools.
By Act, 10th Api-il, 1851, — " An Act for making better provision for
Parochial and other Schoolmasters, and for making further Regulations
for the better government of the Parochial and other Schools, in the
Isle of Man," — a parish, or a district formed out of one or more pai'ishes,
may on adopting the Act, or some of its provisions, levy rates for the
purpose of providing a commodious house for a school, a dwelling-
house for the residence, and a garden for the use of the teacher, where
no sufficient school-house or teacher's house or garden shall have been
already provided, or for enlarging or repairing an insufficient school-
house, or teacher's house ; for the payment of a salaiy to the teacher ;
for providing books and good apparatus for teaching, and other fui*niture
required for the school-house ; and for providing a retiring allowance
for old and disabled teachers ; or for such of these purposes as may
have been determined at the vestry or district meeting called to consider
the question as to the adoption or non-adoption of the Act. {Burman's
Statutes, 96.)
Previous to the passing of this Act, the common law or customary
obligation on a parish was considered to be the maintenance of one
school-building in the parish. Under the Act a parish may maintain
several parochial schools, or school districts may be formed within one
or more parishes, each district maintaining the school within it. Besides,
a parish or district may assess itself for all school purposes beyond the
mere maintenance of the building.
Bdots.
By Act, 21st December, 1826, — " An Act for preventing Tumults and
Riotous Assemblies, and for the more speedy punishing the Rioters ;
and for the appointment of Magistrates," — provision was made for the
payment of damages occasioned by riotous assemblies, the amount
being levied by the churchwardens in the manner in which church
236 NOTE TO APPENDIX NO. I.
assessments are levied. It was provided that in case tlie damages and
costs in eacli claim did not exceed £100, the amount should be paid by
the parish ; if exceeding £100 but not exceeding £200, the excess above
£100 to be paid by the sheading ; if exceeding £200 the amount to be
paid by the district — northern or southern — in which the damage may
have been sustained, but not more than £1000 damages in each claim to
be recovered. The Act was to continue in operation for three years.
{Geneste's Statutes, 8.)
By Act, 7th June, 1836, — "An Act for preventing Tumults and
Riotous Assemblies, and for the more speedy punishing the Rioters," —
like provision as to the recovei'y of damages and costs to those contained
in the Act of 1826 were enacted and are now in force. {Jeffcott's
Statutes, 68.)
Lodging Houses.
By "The Common Lodging Houses Act, 1865," (5th July, 1865,)
duties are made payable for licences to keep common Lodging Houses,
to be applied towards the expense of putting the Act into execution.
Cattle Diseases.
By " The Cattle Diseases Prevention Act, 1866, (16th August, 1866,)
the Tynwald Court is authorised to levy a rate on all lands, houses, and
other real Estate rated under the Lunatic Asylum Act, 1860, for
defraying the expenses of carrying the Cattle Diseases Prevention Acts
into execution, and for compensating owners of animals, the slaughter
of which may be compelled under the provisions of such Acts. Under
certain circumstances authority is given for borrowing on the security
of the rates money for the purposes of the Acts. Real estate in towns
is to be rated at one-third its annual value only, — other real estate at its
full annual value.
The most important matters of local taxation may be classed under
the following heads : —
1. Highways and Bridges.
2. Lunatic Asylum.
3. Town Improvements.
1. — HIGHWAYS AND BRIDGES.
Bridges.
From 1739 to 1774, funds for building and repairing bridges over
rivers, streams, and waters crossing the Highroads were provided
separately from those for Highways.
NOTE TO APPENDIX NO. 1. 237
A.D. 1739. — By Act 1st October, 1739, a Capitation tax of one penny
payable by eveiy inhabitant, native and stranger, of 16 years of age
and upwards, yearly, for 14 years, was (subject to the repairs of St.
John's Chapel,) levied for the building and repair of bridges. {Mills'
Statutes, 257.)
A.D. 1742.— By Act 19th April, 1742, a duty of £1 4s. for each
pedler's licence, payable yearly for 13 years, was added to the fund for
bridges, or applied for " such other publick use for the common good of
the country" as the Tynwald Court might see most proper. {Mills'
Statutes, 267.)
A.D. 1753.— By Act 5th July, 1753, the Act of 1739 was continued
in force for a further term of 21 years. {Mills' Statutes, 297.)
A.D. 1758.— By Act 5th July, 1758, the duty of £1 4s. on pedler's
licences was revived for a term of 16 years, for the like purpose as those
mentioned in the Act of 1742. {Mills' Statutes, 331.)
These Acts expired in 1774.
Highways.
A.D. 1713. — The first Act relating to the maintenance of Highways
was promulgated on the 24th June, 1713. By this Act provision was
made for the repairs of the roads in the country by the adjoining
occupiers to the extent of 3s. 4d. each, and by additional labour of men,
horses, carts, &c., to be provided by the occupiers of lands ; and the
streets in the towns to be kept in repair by the adjoiixing occupiers.
(Mills' Statutes, 203.)
A.D. 1753.— By Act 5th July, 1753, a sum of 3s. 6d. out of the duty
for Public-house Licences was appropriated for the Highways, and
additional provision was made as to the expenditure of the labour
available under the Act of 1713, and for ensuring the repairs of the
streets in towns. The Act to be in force for 14 years and a few months.
{Mills' Statutes, 303.)
A.D. 1763. — By Act 5th July, 1763, Taxes on dogs were imposed ; the
taxes to be applied for the repaii* of the Highways. The Act to be in
force for five years. {Mills' Statutes, 340.)
Highways and Bridges.
Since the year 1776 there has been but one fund for Highways and
Bridges.
2e
238 NOTE TO APPENDIX NO, I.
A.D. 1776— By the Highroad Act, 5th July, 1776, the Act of 1712
was repealed; an increased sc&le of labonr in respect of lands was
enacted, the sum of 9s. 9d. was appropriated out of Public-house licences,
and new duties on dogs wex-e imposed. {Mills' Statutes, 345.)
A.D. 1813.— By Act 5th July, 1813, for the term of 2 years from
10th October, 1813, inci*eased duties on ale, wine, and spirit licences,
and on dogs for Highway purposes were ehacted. This Act was by
Act 14th September, 1815, continued until 10th October, 1816, and
again by Act 11th September, 1817, was continued until 10th October,
1819. {Mills' Statutes, 415, 445, 4<71.)
A.D. 1817.— By Act 31st July, 1817, a duty of £20 on Bankers'
Licences was made payable to the Highway Fund. {Mills' Statutes, 464.)
A.D. 1819.— By Act 29th December, 1819, (taking effect on the 10th
October, 1819, under the provision of a second Act promulgated on the
29th December, 1819,) for the term of 5 years, increased duties on ale,
&c. Licences, and on dogs, dutieS^ on hawkers' licences, and on spring
carriages, and a labour rate in respect of carts, were enacted for the
benefit of the Highway Fund. {Mills' Statutes, 4-76, 491.) This Act was
continued in force until the 10th October, 1827, by Act 20th September,
1824, and further until the 10th October, 1830, by Act 31st July, 1827.
A.D. 1826.— By Act 21st December, 1826, the sum of £25, part of the
duty of £50 payable on the admission of an Advocate, is appropriated
to the Highway Fund. {Geneste's Statutes, 4.)
A.D. 1827.— By Act 31st July, 1827, a duty of £5 on brewers' licences
is also made payable to the Fund. {Geneste's Statutes, 25.)
A.D. 1830.— By the Highroad Act 20th September, 1830, new duties
for licences for selling ale, spirits, aUu wines; on dogs; and for hawkers'
licences were enacted, and the duties for spring carriages and the
labour rate in respect of carts were continued. {Geneste's Statutes, 30.)
A.D. 1835. — By the Game Preservation Act, 14th August, 1835, a
duty of £2 2s. (less Is. to the Governor's secretary,) is made payable to
the Highroad Fund in respect of licences to kiU game. {JeffcoU's
Statutes, 27.)
A.D. 1857.— By "The Taverns' Act, 1857," (6th July, 1857,) new
duties to be paid to the Highway Fund, were enacted in respect of
licences to sell ale, &c. {La Mothe's Statutes, 118.)
NOTE TO APPENDIX NO. I. 239
A.D. I860.— By " The Douglas Town Act," Ist May, 1860, sec. 43,
Highroad labour in respect of houses in the Town was abolishedy but a
house duty of 3s. is made payable to the Highroad Fund out of the
Town rates. (La Mothe's Statutes, 246.)
A.D. 1865.—" The Ramsey Town Act, 1865," (5th July, 1865,) incor-
porates, as to the town of Ramsey, sec. 43 of the Douglas Town Act of
1860,
A.D. 1865.— By "The Taverns' Amendment Act, 1865," (5th July,
1865,) duties are made payable in respect of occasional public-house
licences ; the amount, after deducting fees to the High Bailiffs, to be
added to the Highway funds.
The Acts now in force are: — As to the labour in respect of real
estate, the Act of 1776 ; as to the labour in respect of carts, &c., the Act
of 1830 ; and as to money rates and duties, the Acts of 1817, 1826, 1827,
1830, 1835, 1857, 1860, and 1865 (two). No reference has been made to
many Acts by which Fines for offences of various kinds are made pay-
able to the Highway Fund.
2. — LUNATIC ASYLUM.
A.D. 1864.— Under "The Lunatic Asylum Act, 1860," (13th November,
I860,) a Lunatic Asylum is to be established, and rates for payment of
the expense of a valuation of real estate for the purpose of rating, and
for payment of one moiety of the expenses of the maintenance of the
Asylum, may be levied on real estate by order of the Tynwald Court.
A.D. 1864.—" The Temporaiy Lunatic Asylum Act, 1864," (5th July,
1864,) authorised rates not exceeding l-gd. in the pound of rateable
annual value for payment of " one- half of the expense attending the
renting and fitting up and famishing of a building for a tempoi*ary
Asylum, and the whole of the expense of providing for pauper Lunatics
therein."
A.D. 1866.— "The Temporary Lunatic Asylum Act, 1866," (5th July,
1866,) authorised money expended in making an addition to the Tem-
porary Lunatic Asylum provided under the Act of 1864, and in the
fitting up and famishing the same, (about £400,) and the further money
necessary for the maintenance of Lunatics, other than criminal Lunatics,
to be levied either as a separate rate or rates, or along with any rates to
be levied under the former Acts.
240 NOTE TO APPENDIX NO. I.
A.D. 1866.— "The Asylum Act, 1866," (20tli December, 1866,)
authorised an expenditure, for providing farther accommodation and
the necessary fomiture at the Temporary Asylum, not exceeding £200,
to be paid out of any rate to be levied under the former Act of this
year. Provision was also made for borro^ring on the security of the
rates a sum not exceeding £3,000 for the purposes of the Act of 1860.
3. — TOWN IMPKOVEMENTS.
A.D. 1852. — Provision for Town Improvements was made by " An
Act to provide for paving, cleansing, lighting, and watching the streets
of the several Towns of this Island ; and for making and keeping in
repair public sewers therein, and otherwise improving the said Towns,"
(30th January, 1852.) In any of the four towns of Castletovm, Douglas,
Feel, and Ramsey, adopting the Act in the manner prescribed thereby.
Commissioners were to be elected, who should have power to levy a
yearly rate in respect of premises within the town, not exceeding 28. in
the pound of annual rent or value, for the purposes of the Act. On the
adoption of the Act, the liability of the inhabitants as to the repair of
streets under the Highroad Acts was to cease, and houses of an annual
value not exceeding £5 were exempted from one day's labour to the
Highroads.
This Act has not been adopted in any town, and as to the towns of
Douglas and Ramsey it has been repealed under the Acts hereinafter
referred to with reference to such towns.
Douglas.
A.D. I860.— By "The Douglas Town Act," (1st May, I860,) provision
is made for the election of Town Commissioners, who should have power
to levy a rate for payment of the expenses of a Yaluation of Property
within the town, for the purposes of the Act ; and a yearly rate not
exceeding Is. in the pound of annual value for the purpose of paving,
cleansing, and lighting the streets, and for making and keeping in
repair public sewers, and for otherwise improving the town. The
liability of the inhabitants as to the repair of the streets under the
Highroad Act, and to furnish labour for the highroads, is determined ;
but the Commissioners are to pay out of the rates to the Highroad Fund
yearly a sum equal to 3s. for each inhabited house. This Act was in
some respects amended by "The Douglas Town Amendment Act."
(13th November, 1860.)
NOTE TO APPENDIX NO. I. 241
A.D. 1864.— By " The Douglas Town Amendment Act, 1864," (26th
July, 1864,) additional powers were conferred on the Town Commis-
sioners, and provision is made for the payment of duties for hackney
cars and carriages, by porters, and for porters' carts within the town.
Bamsey.
A.D. 1865.—" The Ramsey Town Act, 1865," (5th July, 1865,) contains
provisions as to the town of Ramsey similar, in many respects, to those
contained in the Douglas Acts of 1860 and 1864. The annual rate to
be levied by the Town Commissioners is not to exceed Is. in the pound
of annual value ; and there is also provision for levying duties in respect
of hackney cars and carriages, and of persons acting as porters, and also
of porters' carts.
Some apology is perhaps due to the reader for the length of the fore-
going statement as to the Insular Revenue, — a statement which may be
thought to be erroneously designated a Note. I have but to say, by way
of excuse, that the Chronicle of the Isle of Mem ending at the Revestment
in 1765, Appendix No. 1, containing an account of the connection of
the House of Murray with the Island thereafter, became almost a
necessity. The account of that connection could not exclude allusion
to the surplus Customs revenue of the Island, in respect of which the
Duke of AthoU made large claims ; — mention of the surplus Customs
revenue of course involved a Note containing an examination of the
manner of the acquisition of that surplus ; such examination led natur-
ally to an enquiry as to the various sources of revenue belonging to the
Crown, or raised by authority of Parliament, and the disposition of the
surplus, not only of the Customs, but of the other branches of revenue ;
— this enquiry could not be satisfactorily made without reference to the
Insular Legislature, and its part in the creation of revenue; — and,
finally, the reference to the Insular Legislature conveniently afforded
an opportunity of exhibiting the taxing powers which have been exer-
cised by such Legislature, and the purposes for which, by its authority,
revenue has been or is now raised in the Island.
" An Abstract of the Laws, Customs, and Ordinances of the Island,"
edited at this time, would not be completqiwithout introducing the
matter contained in the foregoing Note, or the substance of it ; and no
opportunity for the purpose of inserting it would present itself during
the progress of the work, so conveniently as in this place.
29th May, 1867.
PEINTED BY HAEEIET CTJEPHET, "MAKX SUn" OPFICB, DOTTGLAS.
ADDENDA.
EULES.
1. — That the affairs of the Society shall he conducted by a Council, to
meet on the first Tuesday in every month, and to consist of not more
than twenty-four members, of whom five shall form a quorum, and that
the President, Yice-Presidents, the Hon. Secretaries, and Treasurer
shall be considered ex officio members. The Council may appoint two
acting Committees, one for finance and the other for publication.
2. — That a Subscription of One Pound annually, paid in advance, on
or before the day of annual meeting, shall constitute Membership ; and
that every Member not in arrear of his annual subscription be entitled
to a copy of every publication issued by the Society. That no Member
incur any pecuniary liability beyond his annual subscription.
3. — That the Accounts of Receipts and Expenditure be examined
annually by two Auditors appointed at the annual meeting, on the 1st
of May in each year.
4. — That Six Copies of his Work be allowed to the Editor of the same,
in addition to the one he is entitled to as a Member.
5. — That no Rule shall be made or altered except at a General Meet-
ing, after due notice of the proposed alteration has been given as the
Council shall direct. The Council shall have the power of calling
Extraordinary Meetings.
LIST OF MEMBERS,
FOR THE YEAR 1865-66.
HER MAJESTY THE QUEEN.
Adams, Alfred W., Spriii<jfield.
Adamson, Lawrence, H.M. Seneschal of
Man
Adamson, L. W., Ballabrooie, Douglas
Anderson, Wm. J., Captain 32ud regiment
Archer, Robert, Douglas
Argyll, His Grace the Duke of
Asaph St., The Right Rev. the Lord
Bishop of
Bacon, Major, Seafield
Baldwen, Hargreaves, Laxey
Barnwell, Rev. E. L., M.A., Ruthen. North
Wales
Bath and Wells, the Hon. and Right Rev.
the Lord Bishop of
Beckwith, William, Harcroft, Braddan
Beckwith, Miss E., Chester
Bishop, Major, The Turretts, Colchester
Bonaparte, His Highness Prince L. Lucien
Booth, B. W., Swmton, near Manchester
Bowring, Sir John, Knight, Exeter
Brearej', W. A., Douglas
Bridson, Paul, Hon. Sec. and Treasurer,
Douglas
Bridson, John, Liverpool
Bridson, Thomas Ridgway, Bridge-house,
Bolton- le- Moors
Bridson, Henrj', F.R.S.A., Harwood, Bol-
ton-le-Moors
Bridson, Jos. Ridgway, Crompton-fold,
Bolton-le-Moors
Bridson, William, Liverpool
Brown, Rev. T. E., The College, Clifton
Brown, Charles, Chester
Cadman, Henry, Howstrake, Conchan
Caine, Rev. William, M.A., Manchester
Caine, Capt. Charles, Aigburth, Liverpool
Caine, Miss, Douglas
Callister, Wm., H.K,, Thornhill, Ramsey
Callow, T. C, Douglas
Callow, Edward, London
Carr, Rev, James, Formby, near Liverpool
Cairan, Thomas, Peel
Christian, W. Watson, Ramsey
Christian, Rev. W. Bell, B.A., Milntown
Clague, Richard, Douglas
Clarke, Archibald, Douglas
Cleator, Charles, Douglas
Clelland, Rev. James, Risby, near War-
rington
Clucas, John Thomas, Advocate, DoQglas
Clucas, John, Ballaquinny
Connal, Michael, Chesterfield
Corrin, Robert, Peel
Corrin, Tom, Castletown
Cowley, William, Peel
Coxo, Rev. H. 0., M.A., Oxford
Crellin, John F., H.K., Oirysdale, Michael
Crellin, Robert Q., Castletown
Cubbon, William, Broomhill, Denny, Stir-
lingshire
Cumming, Rev. J. G., M.A., F.R.S.,
Scole Rectory, Norfolk
Cuninghame, P. T., H.K., Lorn House,
Castletown
Curphey, Mrs. H., Douglas
Curphey, Rev. W. T., Vicar of Loders,
Bridport, Dorset
Curry, Philip Woods, Claugh ton -range,
Cheshire
Curwen, Rev. H., M.A., Rectory, Work-
ington
Dalrymple. William, Braddan
Dalton, J. Stuart, Librarian to the Liver-
pool Free Public Library
Derby, The Right Hon. the Earl of,
Knowsley
Dixon, Rev. R., D.D., St Matthews, Rugby
Drinkwater, Deemster (a donation), Kirby
LIST OF MEMBERS.
Drinkwater, John, Caton, Lancashire
Dnmbell, Geo. William, Belmont, Donglas
Dunlop, Alex. Murray, M.P., Greenock
Fargber, R. B., Donglas
Farrant, William, Ballamoar, Jurby
Farrant, E. Curphey, H.K., Ballakilling-
han, Lezayre
Fanlder, Ed., H.K., Nortbop, Marown
Forbes, David, F.K.S., London
Freeland, Bazil P., Falkner-st., Liverpool
Garrett, P. L., Douglas
Garrett, Thos., Walton-on-the-Hill, Liver-
pool
Garrett, .Tobn, Aspnll, near Wigan
Gawne, Edward M., ^peake^ of the House
of Keys, Kentraugh
Geldavt, Rev. G. C, Kentish Town, London
Gell, James, H.M.'s Attorney- General for
the Isle of Man, Castletown
Gell, John, H K., Kennaa, German
Gell, Evan, H.K., Whitehouse, Michael
Gell, William, Donglas
Gelling, Richard, Fort William, Douglas
Gill, Rev. William, A'^icar of Malew
Graves, Henry, Peel
Hall, Mrs. Cecil, Douglas
Hard} , William, Keeper of the Records of
the Duchy of Lancaster, London
Harris, Samuel, High Bailiflf of Douglas,
Marathon
HaiTison, Rev. Eowyer, Vicar of Maughold
Harrison, W., H.K., Kockmount, German
Harrison, Ridprway, H.K., Woodside- house
Harrison, .1. C. Tobin, H.K., Spriuff-valley
Haslam, Wm. H.K., Ballaglass, Maughold
Holmes, Rev. A. (the late) Vicar of Patrick
Hope, Hon. Charles, late Lieut.-Governor i
of the Isle of Jlan !
Howard, Rev. Tliomas. Rector of Ballaugb '
Howard, Rev. W. W., M.A., H.M. Inspec- [
tor of Schools, Exeter
Jebb, Richard, Vicar-General, Douglas
JefFcott, J. M., H.K., Higb-Bailiff of
Castletown
Jefferson, Joseph, London
Jefferson, John. Douglas
Jefferson, George, Rainhill, Liverpool
Jesse, John (the late), F.R.S., Llanbedr
Hall, near Ruthen
Johnson, R. H., Douglas
Jones, Thos., Librarian to the Chetbam's
Library, Manchester
Jones, Rev. Joshua, D.C.L., Principal of
King William's College, Castletown
Kayll, John J., The Green, Sunderland
Keble, Rev. John (the late), M.A., Hurs-
ley, near Winchester
Kellv, Mrs. Gordon W., Oxney House,
Writtle, Chelmsford
Kermode, Rev. W., St. Paul's, Ramsey
Kermode, Robt. Q., Mona's Vale, Tasmania
Kewley, James, Rolls Office, Castletown
Keys, House of Isle of Man
Kinley, Philip, Douglas
Kneale, William, Douglas
Kyrke, R. V., Stainsby Hall, Wrexham
Lace, Francis J.. Stone Gappe, Yorkshire
Lamothe, Henry C, Ramsey
Laugbton, A. N., Douglas
Law Library, Castletown, Isle of Man
Lewin, D. D., St. John's Wood, London
Lloyd, Robert, Oakwood. Crajford, Kent
Loch, Henry B., C.B., Lieut,:Governor of
the Isle of Man, President
Lumsden, William, Glenaspet, Patrick
Mackenzie, Rev. Wm., Strathallan Villa,
Douglas
Mackenzie, John W., F.S.A. Edinburgh
Mackinnon, Joiin, Carnbro', Coatbridge
Mackinnon, Peter, Rosehall, Coatbridge
McBurney, Isaiah. L.L.D., F.S.A. Scot.,
Douglas
McHutchin, Rev. M. W., Talk Parsonage,
Lawton, Cheshire
Manchester, The Lord Bishop of
Maxwell. Sir W. S., Bart.M.P., Keir, X.B.
Moore, Joseph C, The Ven. Archdeacon of
Sodor and Man
Moore, R J., H.K., High Bailiff of Peel
Moore, W. Fine, H.K., Cronkbourne,
Braddan
Moore, Wm. E. Stevenson, Advocate, Peel
Moor, Rev. John Frewen, M.A., Bath
Murray, Mrs., Thornton, Douglas
Murray, George M., Mexico
Napier, John, Lanncefield House, Glasgow
Nelson, Samuel C, M D., Douglas
Noble, H. B., Mona-terrace, Douglas
Ogden, C. R., H.M.'s late Attorney-
General for the Isle of Man
Oliver, John R., M.D., Hon. Sec, Wood-
ville, Douglas
Ormsby, Kev. W. A., M.A., Rector of
Smallborough, Norwich
Philpot. Rev. Benj.. M.A., P G.S., (late
Archdeacon of Sodor and Man,) Lydney
Vicarage, Gloucestershire
Pole, C. Chandos, Falkner-st., Liverpool
Quaritch, Bernard, Piccadilly, London
Quayle, Kobert J., H.K., Castletown
Quirk, Richard, H.M.'s Receiver- General,
Douglas
Quirk, Richard, H.K., Rheaby, Patrick
Quirk, Rev. James R., Vicar of Blandford
Forum, Dorset
Ready, Lieutenant- Colonel, Douglas
Reece, William Henry, Oakmount, Edg-
baston, Birmingham
Robinson, William, Bolton-le-Moors
LIST OF MEMBERS.
Rogers, Alfred S , Manchester
Eogrevson, Mrs. Thomas, Ballamillighan,
Braddan
Kowe, Richard, Laxey Glen, Lonan
Sayle, William, Woodboume Terrace,
Douglas
Sherwood. Kichard, Advocate, Douglas
Simpson, Rev. Samuel, M.A., St. Thomas's,
Douglas
Smith, Henry, Bankfield, Ulverstone
Society of Antiquaries, Royal, London, —
Son. Members
Society of Antiquaries, Royal, Scotland,^
Son. Members
Sodor and Man, The Hon. and Right Rev.
the Lord Bishop of
Sparrow, Rev. W. C, Ludlow
Spittall. Alexander, H.K., Lauriston; near
Douglas
Stanley, Lord, M.P., Knowsley
Steele, Alex, Ph.D., Crescent, Douglas
Stephen, Deemster fa donation), Ramsey
Stewart, Mrs. Hugh Dunn, Tonderghie,
Whithorn
Stowell, Rev. Hugh (the late), Canon of
Chester, Salford
Stowell, Rev. J. L., M.A., Vicar of Ger*
man, Peel
Tanhman, J. S. Goldie, H.K., The Nun-
nery, Douglas
Teare, Thomas, Douglas
Thomson, Thomas, M.D., Kirk Michael
Tyrrell, Mrs., Ilfracombe, Devonshire
Watts, H. B., Advocate, Douglas
Wilks, Miss, Douglas
Woods, George, Aigburth, Liverpool
Wright, George, Oxford Road, Manchester
Wood, John, Derby Square
York, His Grace the Archbishop of
The Hon. Secretaries request that any change of address, or irregularity in the delivery
of their Books, may be communicated to them.
PUBLICATIONS OF THE MANX SOCIETY.
Foe the Year 1858-59.
Vol. I. — An Account of the Isle of Man, with a Voyage to I-Colnmb-kill, by William
Sacheverell, Esq., late Governor of Man. 1703. Edited, with Introductory Notice and
copious Notes, by the Rev. J. G. Gumming, M.A., F.G.S.
Vol. II. — A Practical Grammar of the Ancient Gaelic, or Language of the Isle of Man
commonly called Manx. By the Kev. John Kelly, LL.D. Edited, together with an
Introduction, Life of Dr. Kelly, and Notes, by the Rev. William Gill, Vicar of Malew.
For the Year 18:59-60.
Vol. III. — ^Legislation by Three of the Thirteen Stanleys, Kings of Man, including the
Letter of the Earl of Derby, extracted from Peck's " Desiderata." Edited, with Intro-
duction and Notes, by the Rev. William Mackenzie.
Vol. IV. — Monumenta de Insula Manniae, or a Collection of National Documents
relating to the Isle of Man. Translated and edited, with Appendix, by J. R. Oliver,
Esq., M.D. V0I.L
Vol. V. — Vestigia Insulae Mannia Antiquiora, or a Dissertation on the Armorial
Bearings of the Isle of Man, the Regalities and Prerogatives of its ancient Kings, and
the original Usages, Customs, Privileges, Laws, and Constitutional Government of the
Manx People. By H. R. Oswald, Esq., P.A.S., L.R.C.S.E.
For TflE Year 1860-61.
Vol. VI.— Feltham's Tour through the Isle of Man, in 1797 and 1798, comprising
Sketches of its Ancient and Modern History, Constitution, Laws, Commerce, Agriculture,
Fishery, &c., including whatever is remarkable in each Parish, its Population, Inscrip-
tions, Registers, &c. Edited by the Rev. Robert Airey.
Vol. VII.— Monumenta de Insula Mannis, or a Collection of National Documents
relating to the Isle of Man. Translated and edited by J. R. Oliver, Esq., M.D. Vol. II.
Vol. VIII. — Bibliotheca Monensis ; a Bibliographical Account of Works relating to
the Isle of Man. By William Harrison, Esq., H.K.
10 publications.
For the Year 1861-62.
Vol. IX. — Monumenta de Insula Manniae, or a Collection of National Documents
relating to the Isle of Man. Translated and edited, with Appendix and Indices, by J. R.
Oliver, Esq., M.D. Vol. III.
Vol. X.— A Short Treatise of the Isle of Man, digested into six chapters. By James
Cbaloner, one of the Commissioners under Lord Fairfax for settling the affairs of the
Isle of Man in 1652, and afterwards Governor of the Island from 1658 to 1660., Pub-
lished originally iu 1656 as an Appendix to King's Vale Royal of England, or the County
Palatine of Cheshire. Edited, with copious Notes and an Introductory Notice, by the
Rev. J. G. Gumming, M A., F.G.S., Rector of Millis, Suffolk, late Warden of Queen's
College, Birmingham, and formerly Vice- Principal of King William's College, Isle of
Man.
For the Year 1862-6.3.
Vol. XI. — A Description of the Isle of Man : with some Useful and Entertaining Re-
flections on the Laws, Customs, and Manners of the Inhabitants. By George Waldron,
Gent., late of Queen's College, Oxon. Printed for the Widow and Orphans, 1731.
Edited, with an Introductory Notice and Notes, by William Harrison, Esq., Member of
the. House of Keys, Author of " Bibliotheca Monensis."
,. Vol. XII. — An Abstract of the Laws, Customs, and Ordinances of the Isle of Man, by
Deemster Parr. From an unpublished MS., supposed to be written between 1696 and
1702. Edited by James Gell, Esq., H.M.'s Attorney-General, Castletown. Vol. I.
WORKS IN PROGRESS AND IN THE PRESS.
1. — Dr. Kelly's Dictionary of the Manx and English Languages ; with a Second Part
comprising an English and Manx Dictionary prepared from Dr. Kelly's Triglott, with
alterations and additions by the Rev. J. T. Clarke, Chaplain of St. Mark's, and Mr.
Mosley, of Manchester. Revised by the Rev. William Gill, Vicar of Malew. — All but
complete.
2. — An Abstract of the Laws, Customs, and Ordinances of the Isle of Man, by
Deemster Parr. From an unpublished MS. , supposed to be written between 1696 and
1702. Edited by James Gell, Esq., H.M's Attorney-General, Castletown. Parts 2 & 3.
3. — Records and other Documents relating to the Life and Times of William Christian,
formerly Receiver- General of the Isle of Man, and commonly known as " Illiam Dhone."
From the Papers of the late James Burman, Esq., F.R.A.S., Secretary to His Excellency
the Lieutenant-Governor.
4. — Visit of the " Cambrians," in the Autumn of 1865, to the Isle of Man : illustrated
with Manx Antiquities. By the Rev. E. L. Barnwell, Rev. J. G. Gumming, and Dr.
Oliver, M.D.
,5. — Documents illustrating the History of the Isle of Man, collected from the Journals
of the House of Keys, and published by authority of the House. Edited by J. M.
Jeffcott, Esq., High Bailiff of Castletown.
6. — Manx Miscellany.
PUBLICATIONS. 11
WORKS SUGGESTED FOR PUBLICATION.
1. — A Manuscript History of the Isle of Man, from A,D. 1000 to 1805. Written by
the late Rev. W. Fitzsimmons, Episcopal Minister of Carrubber's Close, Edinburgh, and
a native of this Island.
2. — Memoirs of Mark Hildesley, Lord Bishop of Sodor and ^an, Master of Sherbonrne
Hospital and Prebend of Lincoln (under whose auspices the Holy Scriptures were trans-
lated into the Manx Language), by the Rev. Wheedon Butler. 1790. With Selections
from the Appendix, containing many interesting Letters to and from his Clergy, &c.,
together with additional Correspondence, not interted therein, of a local character.
3. — Tabular Statement of the Archdeacons, Rectors, Vicars, and Incumbents of the
several Parishes and Districts of Man ; with the Dates of their Inductions ; in whose
Presentation, whether in the Gift of the Crown or Bishop ; and Cause of Vacancy.
4. — Monumental Inscriptions from the Churches and Churchyards in the several
Parishes of the Isle of Man (except Braddan), collected by Mr. John Feltham, in the
Summer of 1797. Author of "A Tour in the Isle of Man in 1797 and '98," intended to
have been published by him, but never accomplished. (See his Work, page 255.)
5. — Manx Miscellanies, containing Biographical Notices of the Kings, Governors,
Bishops, Deemsters, Ke3's, and other OfiRcials, from the earliest times, chronologically
arranged. — Proceedings respecting Scrope, Earl of Wiltshire; 1399. — Proceedings respect-
ing the Abbey of Rushen; 1541. — Grant of Abbey Lands; 1610. — Lord Manchester's
Decree respecting Abbey Lands ; 1632. — Appeal allowed from the Bishop to York, and
Proceedings thereon.— Order of Procession at Tynwald; 1735-1770. — Nomination of
Derby Fort; 1654. — Lord Derby's Letter to apply Money to build the Chapel of Castle-
town.— A Grant from Henry, Earl of Derby, dated Latham, 1593, with a Confirmation
of the same signed by Thomas (Merry ke) Sodor et Man, 1603 —a carious document worth
lithographing. — Dialogue (in rhyme) at the Falls near Snaefield, between some Peasants,
inhabitants of the Back Settlements of Mona, upon an unexpected introduction of English
Laws and Taxes, penned as the words were spoken, and translated b}' Jenken M'Mannan,
a Lover of the old Establishment. — A Manuscript Account of the Island, dated 1775. —
A Full and Interesting Account of the Embarkation of James, second Duke of Alholl,
and Suite (names given), at Liverpool, on the 9th of June, 1735, to take possession of his
newly acquired territories in Man, (Manuscript). — A Manuscript of the Manners, Cus-
toms, and Superstitions of the Islanders. — The Charge of the Revenue of the Isle of Man
for one whole year, commencing from 5th October, 1759, to 5th October, 1760, including
the Abbey Temporalities, Disbursements for Salaries, and Pensions to Officers, Soldiers,
&c., for Rushen and Peel Garrisons, and Douglas, Kamsey, and Derby Forts ; under the
control and accountantship of Daniel Mylrea, Receiver-General. — An Account of the Isle
of Man, in Manx Vei-se, from a Manuscript written in 1762, by Joseph Bridson.—
" Godred Crovan" — a Poem by Chatterton.
6. — Manx Proverbs, National Songs, and Legends. Collected and edited by the Rev.
T. E. Brown, M.A., late Fellow of Oriel College, Oxford, and late Vice- Principal of King
William's College, Isle of Man.
7. — An unpublished Manuscript, with the Notes, supposed to be written between 1643
and 1648, by a Scion of the ancient House of " Blundell of Crosby," near Liverpool, and
12 PUBLICATIONS.
entitled "An Exact Chronological and Historical Discovery of the hitherto unknown Isla
of Man," &c. In Seacombe's History of the House of Stanley, Preston edition, printed
by Sergent in 1793, the Editor observes that " there is not one who has given any toler-
able account of the Isle of Man before Mr James Chaloner (Governor for the Lord Fair-
fax) and the great and learned Mr. Blundell, of Crosby, who prudently retired hither
dnring the usurpation, whereby he preserved his person in peace and security and his
estate from all manner of depredation. This gentleman, being a person of polite learn-
ing, employed his leisure houra in collecting the history and antiquities of the Isle of
Man, and by his manuscripts, which I have seen, gave posterity the clearest and most
correct account of it. "
8. — The Fourth Part of the Institutes of the Laws of England, concerning the Juris-
diction of the Courts of the Isle of Man, and of the Laws and Jurisdiction of the same,
by Lord Coke.
THE EIGHTH REPORT
OP IHB
COUNCIL OF THE MANX SOCIETY,
FOR THE YEAR ENDING MAY 1, 1866.
Since issuing the last Report of the proceedings of the Manx Society, the Council
have been enabled to bring before the Members the reprint of Waldron's Description
of the Isle of Man, illustrated with Notes and an Introductory Preface by William
Harrison, Esq., H.K. This reprint it is hoped will prove acceptable to the majority
of the Members ; the very elaborate and interesting Notes appended thereto by the
indefatigable Editor, enhance considerably the value of this scarce work.
The next Volume which will be issued is the first part of Parr's Abstract of the
Laws, Customs, and Ordinances of the Isle of Man, edited by James Gell, Esq., High
Bailiff of Castletown, which comprises Notes on the Chronicles of Man. It is nearly
complete, and will shortly be placed in the binder's hands. The learned Editor ia
engaged on the remaining portion of the work, which will be forwarded with as little
delay as possible. The Council had hoped ere this that the Manx and English
Dictionary would have been ready ; but the great desire of the editors to render the
book as perfect as possible (coupled with other circumstances which it is unnecessary
to allude to here), and the great labour entailed upon them in correcting the press,
Lave in some measures retarded the publication of this important work. The
Council, however, are happy to announce that it will be out of the printer's hands
towards the close of the present or following month, and will be delivered to the
Members and Subscribers with as little delay as possible.
The visit of the Cambrian Archseological Association to this Island in the autumn
of 1865, gave rise to a series of papers on Manx antiquities in their journals ; and
the Council of that Association, in remembrance of the liberal manner they were
received during their stay amongst us, have most generously resolved that the
various papers, with the numerous illustrations accompanying them relating to the
14 REPORT.
Island shall be placed at the disposal of the Manx Society for publication as one of
their series; and the learned and zealous Secretary of the Cambrian Archeeological
Association, the Rev. E. L. Barnwell, has consented to edit the same in conjunction
with the Rev. J. G. Gumming and Dr. Oliver. The Council look forward with
pleasure to this volume as giving much satisfaction to the Members of the Manx
Society, and can but express their thanks to the Cambrian Association for their
liberality. The volume may be expected to be ready during 1867.
The Council have now the pleasure of informing the Members as well as others
who may be induced to join this Society for the current year that an application
made some time since to the House of Keys, through Mr W. Harrison, for permission
to print such papers from its journals as might be considered of historical importance,
has been most liberally accorded by that House which has appointed a committee
consisting of Robert J. Moore, J. M. Jeficott, and William Harrison, Esqrs., to
select such papers from its journals as may be considered of sufficient interest for
pnbhcation by the Manx Society, and has given permission that copies may be
taken for that purpose. Mr Jeficott has kindly consented to edit these papers, adding
such Notes as may appear necessary. The first portion will be put to press at the
earliest possible moment.
In making this announcement the Council congratulate the Members that the Manx
Society has been honoured as the medium through which this valuable series of
documents, extending over a century and embracing a very important crisis in
Insular history, will be given to the public. The Council, as stated in the last report,
had been led to hope that some progress would have been made during the last year
with the papers left by the late James Burman, E^q , relative to the life and times
of William Christian, otherwise " Illiam Dhone ;" which papers it will be remem-
bered were unfortunately mislaid during the illness of that much lamented gentle-
man. It is to be regretted that the eflforts of Mr Barman's executors and his
successor in office to discover these missing manuscripts have not as yet been suc-
cessful. It is the intention, however, of Mr. Gell (with the assistance of Mr. Fred.
Gill the executor) rather than disappoint the Members, to print the text with notes
explanatory of the mode of trial and to give an Appendix containing documents
illustrative of the time of Lord Fairfax here, as well as to incorporate what he can
of Mr Burman's MSS.
The Council cannot conclude this Report without again calling upon the Members
to aid them in editing such papers as have been placed in their hands for publication.
This literary labour has hitherto been imposed upon a few editors.
The Report of the Treasurer, which is appended hereto, will shew the state of the
finances of the Society.
H, B. LOCH, President.
Douglas, 14th May, 1866.
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