[From Lex Scripta, 1819]
An Act for the perfect Settleing and Confirmation of the Estates, Tenures, Fines, Rents, Suites, and Services of the Tennants of the Right Honourable James Earl of Derby, within his Isle of Mann, passed at a Tynwald Court holden at St. John's Chappel within the said Isle the fourth Day of February, in the Year of our Lord one thousand seven hundred and three, by the said James Earl of Derby, Lord of the said Isle, Robert Mawdesley Esquire, Governor, and the rest of his said Lordship's Officers, and 24 Keyes, the Representatives of the said Isle.
WHEREAS severall Disputes, Questions, and Differences have heretofore arisen and been contested between the Lords of the said Isle and their Tennants touching their Estates, Tenures, Fines, Rents, Suites, and Services, to the great Prejudice of the Lords, and Impoverishment of the Tennants and People there, who by that Means have been discouraged from making such Improvements as their Estates were and are capable of; for the absolute and perpetual ascertaining whereof, and the avoiding all Ambiguitys, Doubts, and Questions, that may or might at any Time hereafter arise or grow touching or concerning the same, Proposals were made unto the said James Earl of Derby, now Lord of the said Isle, at Lathome, the 8th Day of September last past, by Ewan Christian of Unerigg, in the County of Cumberland, Esquire, John Stevenson of Balladoole, and Ewan Christian of Lewaige within the said Isle, Gentleman, who, by an Instrument under the Hands of the 24 Keyes now remaining upon Record, were impowered to treat concerning the same, as well for and on the Behalf of themselves as all and every the Tennants within the said Isle, in Manner following:
First, That in case his Lordship would be pleased to declare and confirm unto his Tennants their ancient customary Estates of Inheritance in their respective Tenements, descendable from Ancestor to Heir according to the Laws and Customes of the said Isle, that then the said Tennants should in consideration thereof advance and pay unto his said Lordship the same Fines that they severally and respectively paid for their several and respective Tenements at the General Fining, which was in or about the Year of our Lord one thousand and six hundred fourty and three; except where any Tennant or Tennants have one or more Life or Lives in being, and that then and in such Case he or they should severally and respectively pay Two-thirds only of the said generall Fine for their respective Tenements.
Secondly, That upon the Change of any Tennant. by Death or Alienation, the next and succeeding Heir or Alienee should pay unto the Lord of the said Isle for the time being, the third Part of the said intire Sum which was Paid for a Fine at the said Generall Fineing in Manner following; that is to say, in case of the Change of a Tennant by Death, then the said Fine should be paid within twelve Months after the Death of such Tennant; and in case of the Change or Removal of Tennant by Alienation, then the same should be paid immediately after such Alienation made, proportionably to the Lands and Tenements which should descend or be aliened, and this so continue for ever hereafter as a fixed and certain Fine upon every Descent and Alienation provided nevertheless, that all Intacks, Cottages, and Milnes, which by the Laws and Customes of the said Isle were and are reputed Chattles, might be chargeable with Debts, and devisable by Gift, Grant, Will, or Assignment, as formerly accustomed, paying such Fines respectively as were paid at the Generall Fineing afforesaid, to wit the Whole Fine here there were no Lives in being, and two Parts thereof only where there were, and still are one or two Lives in being, and a third Part of the said Generall Fine for ever hereafter upon every Descent, or Alienation as afforesaid.
Thirdly, That the Tennants of the Abbey Lands, as well the Lords Tennants, should be included in the said proposals, they and every one-of them paying the same fines that were agreed for upon their late Compositions or Leases made in or about the Year of our Lord one thousand six hundred sixty and six, (except such as have one or more Life or Lives yet in being to pay two Parts only of the said Fine now, and a third Part thereof always afterwards, upon the Admittance of any new Tennant, either upon Death or Alienations afforesaid;) and also yielding, paying, performing, and, doing the annuall Rents, Customes, Suites, and Servises as formerly and antiently accustomed: And that the Tythes arising out of the Abbey Demeasnes, and reserved by James late Earle of Derby upon the Compositions by him made in the Year one thousand six hundred fourty and three, and afterwards by Charles late Earl of Derby, granted to Bishop Barrow (since deceased) and his Successors for the Use of the Clergy of the said Isle, should be reserved and for ever hereafter payable to them.
Fourthly, That the double Rents of the Quarterlands as they were then payable, together with all other Rents, Suites, and Services, payable out of those, or any other Estates within the said Isle, should be reserved and payable for ever hereafter as formerly to the said James Earle of Derby, his Heirs and Assignes, or to such other Person or Persons as for the Time being should be Lord of the said Isle; and that the antient Boons and Carriages payable by the respective Tennants should be considered at a Tynwald Court.
Fifthly, That if any Tennant should then after pass any any Part of his Estate, either to any of his Children, or other Person whatsoever, by Gift, Grant, Assignment or any other Deed or Contract whatsoever, whereby to divest himself of the Premises, that the same should be esteemed and accounted as an Alienation within the Intendment of the said Proposals; or if any Tennant who then had mortgaged, or should thence after mortgage, all or any Part of his Messuages, Lands, Tenements, Milns, Cottages, Intacks, or other Heredittaments, unto any Person, and should not actually redeem the same to his own proper Use within the Space of Five Years next after the Commencement of the said Mortgage, that then such Mortgage should be likewise looked upon and reputed as an Alienation, and the Mortgagee should be admitted Tennant, and his Name entered into the Court Rolls, and should pay the third Part of the generall Fine charged and chargeable upon the said Messuages, Lands, Tenements, Milns, Cottages, Intacks, or other Heredittaments so mortgaged or to be mortgaged as afforesaid: Provided nevertheless, that the Mortgagor shall have the Power or Liberty of Redemption still remaining in him, and is to be restored to the Possession of the Premises by Law or Order of the Court of Chancery as the Matter will appear in Equity, so that the same be done within the Space of one-and twenty Years from the Date of the said Mortgage, and not otherwise : And that all Bills of Mortgage made, or hereafter to be made, shall be entered into the Records within six Months after the passing of the said Proposals into a Law, or within six Months next after such Bills of Mortgage were executed, otherwise such Bills to be of no Effect in the Law.
Sixthly, That all view Intacks or Inclosures taken out of the Commons, and all Milns erected since the Year one thousand six hundred fourty and three, that had not paid any fines, should have a reasonable Fine set upon them by the Governor, three of the Lord's Officers, and three of the twenty-four Keyes, to be appointed for that Purpose ; and that the Fines so set by them should be paid within six Months next after the setting thereof; and that the third Part of the said Fine so to be set as afforesaid should for ever hereafter be paid upon the Change of every Tennant by Death, Alienation, or Mortgage as afforesaid.
Seventhly, That all Intacks or Milns which should then after be enclosed or erected should pay such Fine and Fines as should be agreed on by the Governor and Lord's Officers, and that to be likewise a fixed and certain Fine to be for ever hereafter paid by the Tennants of the same upon every Descent or Alienation in Manner as afforesaid.
Eighthly, And that all such Intacks and Cottages is had been taken out of the Highways adjoining to the Quarterlands, or other Estates, but not belonging to the same, should not, nor were not, intended to be included in the said Proposals ; but that such Intack and Cottages (being complained of as great Nuisances) should be referred to the Consideration of a Tynwald Court to determine where the Rents and Fines of and for such Intacks and Cottages might most conveniently be fixed.
Ninethly, That whereas the Fine lately paid out of the Estate called Loughmollo and dry Closes was not comprized in the Generall Fining in the said Year one Thousand six Hundred fourty and three, the same being since that Time leased by the Right Honourable Charles late Earl of Derby; it was therefore (upon, special Consideration had) proposed, that the said Estate should only pay one hundred and twenty Pounds for the present Fine; but if any of the Lives nominatted in the last Lease made thereof by the said late Earl Charles .should be found to be still in being. then only two third Parts of the said one hundred and twenty Pounds should be paid as a present Fine, and a third Part of the said one hundred and twenty Pounds should for ever after be paid as a fixed and certain Fine upon the Change of any Tennant by Death, Alienation, or Mortgage as afforesaid.
Tenthly, That the present Fines should be accepted and received according to the Currency of Money then within the said Isle, and that one third Part thereof should be paid within six Months next after the passing of this Act, another third Part should be paid at the End of twelve Months now next ensuing, and the last Payment to be made within six Months then next following, so that the whole should be paid within eighteen Months next after the passing of this Act.
Eleventhly That the antient Rents (except only, of such Lands as were then in the Lord's Hands) should for the future be preserved by the Setting Quest,and that the Tennants Names should be entered in the Court Rolls as formerly, and that when -any Tennant should come to any Estate by Death, Alienation, or such Tennant should be obliged to give Notice. thereof to the Setting Quest of the Parish where. such Estate lay some Time before the next Court that should be holden after he became Tennant to the said Estate, to the Intent that the said Enquest might present the said Tennant's Name to the Court, (which they should upon Oath be obliged to do at every Sheading Court as oft as any such should happen,) to the End that such Tennant's Name might be entered upon Record either by himself, or some other Person in his behalf,. whereby the Lord's Fines might, be had and received at such Time and in such Manner as are hereinbefore for that Purpose limitted and appointted, out Fraud or Concealment ; and if the said Tennant should refuse or faile to have his Name entered accordingly at the said Court that then such Tennant so refusing or neglecting should be fined in three Pound,. to the Lord for the Time being; and that upon the Change of any Tennant by Death, Alienation, or Mortgage, one single Person, and no more, should be admitted, unless he became Tennant in the Right of his Wife, and not otherwise.
And lastly, That all the before-mentioned Proposals, and every Matter and Thing therein contained, should forthwith be passed into a Law, and confirmed by the Authority of a Tynwald Court, (saving always to the Lord all such Royalties and Regalitys in and concerning the Premisses as were invested in his Lordship by virtue of his Prerogatives within the said Isle; and the said James Earl of Derby, out of his great Zeal and Care for the Welfare and Quiet of his People, and to the End that such an Establishment might be treated and agreed upon as might compleat and for ever confirm a constant and mutual Love and Friendship between the Lords of the said Isle and their People, did nominate and appoint the afforenamed Robert Mawdesley, Thomas Lord Bishop of Sodor and Mann, and Nicholas Starkie Esquire, Commissioners, to treat and consult with the said Ewan Christian, John Stevenson, and Ewan Christian of Lewaige, concerning the said Proposals, which were consented and agreed unto by all Partys commissionated for that Purpose, as in and by the said Proposals, inrolled and remaining on Record in the Comptroller's Office within the said Isle, more at large it doth and may appear: And the said Right Honourable James Earl of Derby, and all and singular the Tennants and Inhabitants within the said Isle, and Members of the same, are contented and well pleased that the said Proposals, and all Things therein contained, should be ratified and confirmed by an Act of Tynwald Court: May it therefore please your Lordship that it may be enacted, and be it enacted by the said James Earl of Derby. now Lord of the said Isle, (by and with the Advice and Consent of the said Governor, and the rest of his said Lordship's Officers, and by the twentyfour Keyes, in this present Tynwald Court assembled, and by the Authority of the same,) That the said Proposals, and every Clause, Article, Sentence, Matter, and Thing in the same contained, shall stand and be ratified allowed, approved off, and confirmed by the Authority of this present Tynwald Court; and that the said Proposals shall stand and be of force to bind and conclude as well the said James Earl of Derby, his Heirs, and Assigns, and all Persons claiming, or to claime, from, by, or under him or them, or to his Use, or in Trust for him, as the said Ewan Christian, John Stevenson, and Ewan Christian of Lewaige, and all and singular other the Tennants and Inhabitants within the said Isle, their and every of their Heirs and Assigns, and all Persons claiming, or to claime, from, by, or under them, or any of them, or to or for their Use, or in Trust for them, or any of them, in all Things, according to the Purport, Effect, and true Meaning of the said Proposals; and that every Clause, Article, Sentence, Matter, and Thing in the said Proposals contained, shall for ever hereafter stand, be, and remain, and be adjudged and taken to be of such and the same Force and Effect to all intents and Purposes, as if the said Proposals, and every Clause, Article, Sentence, Matter, and Thing therein contained, were especially and particularly herein again expressed and repeated, and by the Authority of this present Court enacted. And be it further enacted, ordained, and declared by the Authority afforesaid, That all Estates made or to be made of any Messuages, Lands, Tenements and Heredittaments the said Isle, or Members of the same, to any Person or Persons, and his and their Heirs shall be, and shall be adjudged, esteemed, and taken, from the making or granting of such Estates to be good and perfect perfect customary Estates of Inheritance, descendable from Ancestor to Heir according to the Laws and Customs of the said Isle, (except such as are reputed Chattles as~is before mentioned ;) and that all and every such Person and Persons to whom any, such customary Lands, Tenements, or Heredittaments are or shall be granted to him and his Heirs according to the Laws and Customs of the said Isle, shall be, and shall be adjudged,. esteemed, and taken, and are hereby declared to be seized thereof of good and perfect customary Estates of Inheritance to them and their Heirs, descendable from Ancestor to Heir according to the Customes of the said Isle.
And that all and every the said Tennants of and within the said Isle and Members of the same, as well all Tennants in Possession as in Reversion and Remainder, particularly or generally named, mentioned, or intended to be Party to the said Proposals, and not thereby excluded, their and every of their respective Heirs and Assignes, shall and may from henceforth for ever quietly and peaceably have, hold, and enjoy all their several and respective Messuages, Lands, Tenements, and Heredittaments, with their and every of-their Appurtenances, to them and their Heirs severally and respectively, as customary Tennants of and within the said Isle, against the said James Earl of Derby, his Heires and Assignees, and against all and every other Person or Persons claiming, or to claime, from, by, or under him, them, or any of them, all and singular the Tennants within the said Isle, and Members of the same, their Heirs and Assignes and all and every other Person and Persons claiming, or to claime, from, by, or under them, or any of them, respectively and severally yielding, paying, performing, and doing unto the said James Earl of Derby, his Heires and Assignes, and all and every other the Lords of the said Isle for the Time being such yearly Rents, Boons, Suites, and Services, as herein-before. are mentioned, and which now are or heretofore have, been usually paid and performed ; and also,paying unto the said James Earl of Derby, his heirs and Assignes, such generall and other Fines certaine, as in the said Proposals are also for that Purpose particularly mentioned and expressed, (saving always unto the said James Earl of Derby, his Heirs and Assigns, and unto all and every other Person and Persons that shall at any Time hereafter. become Lords of the said Isle, all such Royaltys, Regalia, Pererogatives, Homages, Fealtys, Escheats, Forfeitures, Seizures, Mines and Mineralls of what Kind and Nature soever, Quarrys. and Dells of Flagg, Slate or Stone, Franchises, Libertys, Priviledges, and Jurisdictions whatsoever, as now are or at any Time heretofore have been invested in the said James Earl of Derby, or in any of his Ancestors, Lords of the said Isle ; and saving nevertheless to all and every Person and Persons, Bodys Politick and Corporate, their Heirs and Successors, (other than the said James Earl of Derby, his Heires and Assignes,) all such Actions, Estate, Right, Title, Interest, Use, Trust, Claime, and Demand whatsoever, in Law or Equity, as they or any of them have, may, should, or ought to have, of the said Isle, or any Part thereof, (and in such Sort and Manner as if this Act had never been made;) provided that such Person or Persons, their Heirs, Executors and Administrators, do yield, pay, perform, and do unto the said James Earl of Derby, his Heirs and Assigns, and to all and every other the Lords of the said Isle for the time being, the severall yearly Rents, Boons, Suits, and Services, that have been accustomary and usually paid for the Estates which they, or any of them, shall or may make any Claime or Title, and do also pay unto the said Lord or Lords of the said Isle for the Time being all such Fines certin for the same, and in such Manner and Form as in said Proposals are particularly mentioned and agreed to, and not otherwise : And it is further provided, That nothing in the said Saving shall impeach, or be prejudiciall , or be construed or taken to impeach or be prejidicial to the Settlement of the Nature and.Quality of the Estates, Tenures, Fines Rents, Suits, and Servises, which hereby and by these said Proposals are agreed upon and intended to enacted, granted, and confirmed, any Thing in the said Saving to the contrary notwithstanding.
Note, The Words (Law or) interlined in the Sixt Line of the first Sheet, and the Word (named) in the third Line of this Sheet, and the Words (or be construed or taken to impeach or be prejudicial to) in the nineteenth Line, were inserted before the Signed hereof.* (*this note refers to the original manuscript).
Note further, That it is agreed and consented unto by the Governor, Officers, and twenty four Keyes aforesaid, at the Signing hereof, that this Act shall be no way construed and taken- to free and discharge the Tennants and Inhabitants of this Isle from giving their best Assistance or supply for the Defence of the Isle in Time of War, or imminent Danger, in such Manner as shall be agreed upon by the Governor, Officers, and twenty four Keyes of the Island for the Time being, as Occasion and Necessity will require.
(Signed)-Tho. Sodor and Man., John Parr, Dan. Mylrea, Deemsters. Robert Mawdesly, Chris. Parker, J. Rowe, William Ross, John Bridson, Tho. Stevenson, Ewan Christian, John Wattleworth, Sill. Radcliff, Cha. Moor, Nicholas Christian, Will. Christian, Tho. Christian, John Bridson, John Oates, James Christian, Robert Christian, Robert Curghey, James Banckes, Thomas Corlet, James Oates, Nicholas Thompson, Robert Moor, Daniel Lace, John Harrison, John Wattleworth, John Curghey.
I do hereby declare my full and free Consent to this Act of Settlement, (saying and except so much thereof as relates to the Tythes arising out of the Abbey Demeasnes therein mentioned, to be sold by Charles late Earl of Derby to Bishop Barrow, and the several Rectorys of Kirk Christ Lezayre, Kirk Marown, Kirk Lonnan, Kirk Conchan, Kirk Alalew, Kirk Maughold, Kirk Arborey, Kirk Christ Rushen, Kirk Michael, and Kirk Santon,with their and every of their Appurtenances, and all Tenths and Tythes renewing, grosying, within or belonging to the said Rectorys, and all Oblations Obventions, Petitions, Rights, and Dutys thereunto belonging or pertaining, which were by Indenture bearing Date the first Day of November one Thousand six hundred sixty-six, made between the said Charles Earle of Derby of the one Part, and Isaac Lord Bishop of Sodor and Mann, and Jonathan Fletcher, Archdeacon of the said Isle, of the other Part, granted bargained and sold to the said Bishop and Archdeacon, their Executors and Assigns, for ten thousand Years, at the saverall yearly Rents, and upon the Trusts therein mentioned, and such Estate., Right, Title, Interest, Claime, and Demand, as have, or may or can claime or demand of, into, or out of the same, as if this Act had never been made or passed : And 1 do hereby confirm this Act (save and except as afforesaid) according to my undoubted Prerogative within the said Isle, and require that the said Act be pubhshed at the next Tynwald Court in usual Manner. DERBY.
At a Tynwald Court holden at St John's Chappell the 6th Day of June Anno Domini 1704.
THE beforegoing Act of Settlement being. confirmed by our Honourable Lord in Manner as afforesaid, v;a., this Day publickly proclaimed upon the Tynwald fhll according to antient Fornle and Custome; as witness our Hands the Day and Year above written :(Signed)-Thomas Sodor and Man.-John Parr, and Dan. Mylrea, Deemsters.-Robert Mawdesley, Chris. Parker, John Rowe, Will. Ross, John Bridson.-John Stevenson, Ewan Christian, Wilham Christian, Charles Moor, Thomas Stevenson, John Wattleworth, James Oates, John Curghy, John Harrison, James Bancks, Daniel Lace, Thomas Corlet, James Christian, John Wattleworth, John Bridson, Thomas Christian, Robert Christian, John, Oatus. Robert Curghy.
WHEREAS by a Clause in the before-mentioned Act of Settlement, the respective Tennants and Inhabittants of the said Isle are obliged to pay (besides their Rents :and Fines therein expressed and mentioned) all other Dues, Duties, and Carriages, as have been formerly accustomed; and that the fixing and ascertaining of the said Carriages is by the said Act left to the Consideration, of a Tynwald Court ; be it therefore ordered, ordained, enacted, and declared by the Authority of the said Court of Tynwald That the Tennants and Inhabitants of this Isle shall pay and do their Carriages to the Lord as formerly accustomed ; that is to say, four Carriages from every Quarter of Land, and one Carriage from every Cottage and Intackholder within the said Isle ; and the same to be performed either by the Labour of Horses or Service of Men, as the Governor shall think fitt to order, and hath been formerly accustomed; and that these Carriages shall be taken for the Lord's Use, as his Lordship or the Governor for the Time being shall think fit to employ them; and that no Tennant shall be exempt from doing of these Carriages but such as have been already legally accustomed to be freed thereof..
And whereas by another Clause in the afforesaid Act of Settlement, all Persons who then had mortgaged, or should thereafter mortgage, all or any Part of Messuages, Lands, Tenements, Milns, Cottages, Intacks, or other Heredittarnents, unto any Person, and should not actually redeem the same to his own proper Use within the Space of five Years next after the Commencement. of the said Mortgage, should be looked upon as an Alienation. and the Mortgagee admitted as Tennant to the same in such Manner and on such Terms as in and by the said Clause is fully mentioned and expressed, .And forasmuch, is it is conceived that severall fraudulent, Bargains may be made for letting of Lands, Tenements., Milns, Cottages, Intacks, and other Heredittaments, for the Security of Money, under other Notions than that of Mortgage, to defraud our Honourable Lord of a Fine; be it therefore ordered ordained, and enacted, by the Authority aforesaid, That all such Bargains as shall hereafter be made and given for the Security of any Sum of Money upon Lands, Tenements, Milns, Cottages, Intacks, and other Heredittaments as afforesaid, longer than for the Term of Five Years, shall be declared and taken to be a Mortgage within the Intendment of the said Act, unless the Court of Chancery within this Isle ,shall adjudge it otherwise, and that the Mortgagee shall be lyable to pay such Fine for the same as in and by the said Clause inserted in the said Act is mentioned and declared.
And also whereas by another Clause in the said Act of Settlement, it is mentioned and expressed that all Intacks and Cottages, as had been taken out of the Highways adjoining to the Quarterlands or other Estates, but not belonging to the same, should not nor were not intended to he included in the said Act of Settlement. but that such Intacks and Cottages (being complained of as great Nusannces) should be referred to the Consideration of a Tinwald Court to determine the Rents and Fines of and for such Intacks and Cottages might most conveniently be fixed; be it therefore hereby ordered, ordained, and enacted by the Authority afforesaid, That the Rents and Fines of all such Cottages. and Intacks taken out of the Highway adjoining to any Quarterlands or other Estates, whether they belong to the Lord or Barrons, being taken to rent in or since the Year of our Lord one thousand six hundred and ten, are to be paid by those Farmers and Tennants, or other Persons unto whose Lands and Tenements those Cottages and Intacks do adjoin, and they to become Tennants thenceforward to the Lord for the said Cottages and Intacks; and that the said Tennants and Inhabittants dwelling in and possessing those Cottages and Intacks shall henceforward become Subtennants to the said Farmers, Tennants, and other Persons, upon such reasonable Terms as can be agreed upon betwixt them, or as shtll be thought reasonable by the Court of Chancery of this Island: And if any such Cottage or Intackholder do not submit to such Terms as the Court shall order therein, then such Cottage or Intackholder is to be ejected out of the said Holding, and a Jury of four Men sworn to value what Improvernents he has made on. the same; which said Value. being approved of by the Court, the said Farmer, Tennant, or other Person, is to pay and reimburse unto the said Cottage or Intackholder, and thereupon to be imimediately possessed of the same, and have Liberty to dispose of the said Cottage or Intack to whom and to what Uses he shall think fitting; provided always, that such Farmer Tennant, or other Persons, unto whose Land., such Cottages or Intacks adjoin, complaining of such to be a Nusance, shall be obliged to make the same appear to be so within eighteen Months next after the Date hereof, othervise and in Default thereof the said Cottage or Intackholder shall have and enjoy the same on the like Terms that other Cottages and Intack. are held and enjoyed within this Isle by virtue of the said Act of Settlement, without any Disturbance of the said Farmer, Tennant, or other Person, at any Time after the said eighteen Months are determined and expired: And it is likewise provided and declared that all Highways, out of which any Intacks or Cottages have been taken, that shall be found not to be eighteen Foot broad, according as the Statute provides, shall be enlarged out of the said Intacks or Cottages (when complained of) at any Time hereafter, any Thing herein mentioned to the contrary notwithstanding.
And whereas in the saving Part of the said Act of Settlement it is mentioned and declared, That Quarrys and Delfs of Flagg, Slate, and Stone, are reserved to his Lordship and his Heirs as a Royalty and Prerogative belonging to them within this Isle; which Part of the said Act seems to restrain the Farmers-and Tennants of the said Isle from digging and getting such Sort of common Stone is might be necessary for building and making of other Improvements on their Estates and Tenements; be it therefore ordained, and declared by the Authority notwithstanding the generall Words in the said Act of Settlement, that every Tennant and farmer shall nevertheless have free Liberty of digging, raising and disposing of all Sort of Stone and Slate upon their respective Tenements, and as has been formerly accustomed, so that they be imployed only for their own Use, and for the Improvement of their own and Neighbours' Estates and Tenements, and that they shall not dispose or make Mechandize of the same otherwise without the Lycence or .Liberty of the Lord or Governor of the said Isle first had and obtained for the same . And if any Farmer or Inhabitant haviing a Quarry or Quarrys of Limestone, or other common Stone, on his or their Grounds, shall obstinately refuse or deny Liberty to any other Person or persons to dig or get such Limestones or other Stones for the Improvement of his or their Lands or Tenements, or otherwise, wthout paying him a high and unreasonable Consideration for the same; then and in such Cases it shall and may lawfull for the Governor of this Isle for the Time being, to interpose and order that such Person or Persons as stand in need of such Limestones or other Stones may digg, raise, ,and carry away as much as will be necessary for his or their Use, paying unto the Farmer or Inhtbitarit on whose Lands the same shall be so gotten, such moderate and reasonable Satisfaction as the Governor shall think fit to order and allow:-(Sgned)---Tho. Sodor Man..John Parr, Daniel Mylrea, Deemsters. Robert Mawdesley, Chris. Parker, J. Rowe, Will. Ross. John Bridson.,Tho. Stevenson, Ewan Christian, John Wattleworth, Sill Ritcliff, Cha. Moor., Nich Christitian Tho Christian, John Bridson, John Oates, Ro. Christian Ro. Curghey, Tho. Corlett, James Oates, Ro. Moore, Daniel Lace, John Harrison, John Wattlesvorth. John Curghey.
These four Acts relating to the Settlement are likewise allowed of and confirmed by me, and ordered to be in like Manner published at the next Tynwald Court. DERBY.
At a Tynwald Court holden at, St. John's Chappell the 6th Day of June Anno Domini 1704.
THE- beforegoing four Acts relating to the Settlement viz. An Act
touching Carriages, &c.; an Act concerning Alienations and
Mortgages; an Act touching Intacks and Cottages; and an Act
concerning Quarrys and Delfs, &c.; were this Day publickly
proclaimed upon the Tynwald Hill according to antient Form and
Custome; as witness our Hands the Day and Year above written
:-(Signed)-Tho. Sodor and Mann ,.John Parr, Dan. Mylrea,
Demsters.-Robert Mawdesley, Chris. Parker, J. Rowe, Will Ross, John
J. Stevenson, Ew. Christian, Tho Stevenson, Will Christian, Cha. Moor, John Wattleworth, james Christian, John Bridson, Ro Christian, Jo Wattleworth, James Oates, John Harrison, Tho Christian, John Curghey, John Oates, Ro. Curghey, Dan. Lace, J Bancks, Tho Curlett..