[from Mills' Statutes, 1821]

A Book of the Spiritual Lawes and Customes, belonging to the Isle of Mann, copyed out of the Originall.

FIRST, that the Bishops shall have their Herring Scoute and their fishing Boate, freely and franckly, without any Tythes paying, wheresoever they Land in this Isle. In like manner had the Abbot, the Priors, the Archdeacon.

Alsoe, all Parsons, Viccars of the Thirds or Pention instituted, shall always choose their Fishing Boat at Easter Time, and their Scoute at Herring Fishing Time, whether their fishing be about this Land, or elsewhere.

Alsoe, that every one that dyeth intestate, that the Bopp, or his Viccar General, shall constitute, ordaine his Children, legitimately begotten, to be joyntly Executors; provided alwayes, those being unmarried: and those that are marryed, their Dowry cutteth them off for having any further Portion of Goodes.

Alsoe, if any make their Testament, and leave not vjd. Legacy unto their Children unmarryed (legitimately begotten,) or the Value thereof, that then the Ordinary may lawfully make him or her Executors with the rest.

Alsoe, if any dye intestate, having, no Children legitimately begotten, but only base Children, then the Ordinary shall make and Ordaine his next of Kindred, both of Father's and Mother's Side, to be lawful Executors: and the base begotten to be rewarded of Charity, at the Discretion of the Ordinary.

Also, that every Man and Wife which depart this Life upon the South Side of this Isle, do stand in one Effect; that is to say, the Man to have the one Halfe, and the Wife the other Halfe: provided always, that the Debts temporall be paid out of the Whole, and the Debts spiritual out of the Dead his Parte.

Alsoe, upon the North Side of this Isle, in Case a Man or Wife depart this Life, having no Children, or Issue, the Wife hath the one Halfe, and may bequeath it to whom she will; and in like Manner it is upon the South Side of this Isle. But in case there be any Issue or Children, lawfully begotten, then if the Man depart, the Goodes moveable are divided into three Parts, viz. one Part to the Executors, another Part to the Dead, and the third Part to the Wife. And of all Goodes immoveable, not having any Life, the Wife hath the Halfe on the North Side.

Alsoe, if either Father or Mother depart, having Children, if the said Children be of Years of Discretion, that is to say, xiiij Yeares of Age, they may divide Goodes either with Father or Mother, and may repair to whom, they will.

Also, if there, be but one Child betwixt Man and Wife, the Father's Kindred that have the Custody of the aforesaid Child and Goods until xiiij Yeares of Age, except the Father make any other Order by his last Will, and leave the Custody of the said Child and Goodes unto the Tuition of any other, then that to be observed. And if there be two Children, the Mother shall have the one, that is to say, the eldest; and if the Mother dye before the Child come to Yeares of Discretion, she may leave the Custody of the said Child to whom she thinketh good, and the next of Kin of the Father's Side and of the Mother's Side Supervisors.

Also, if either Father or Mother depart, having Children not come to Yeares of Discretion, having left Executors, and if any of them depart, the Ordinary shall make the rest, being alive, Executors; and in case all dye under Age, then the Goods shall returne to the Kindred next from whence it came.

Also, if any Man marry a Wife, and the Wife depart before a Twelvemonth and a Day, the Man shall have none of the [48] Marriage Goodes; and in like Manner if the Man depart before a Twelvemonth and a Day, the Wife can have noe Part or Portion of his Goodes, except it be given by Gift, or bequeathed by the Will of either Party; if there be no Will or Testament made, then the Goodes to return to the next of Kinn.

Alsoe, if any do remove from one Parish to another, and if the Cock crow trise, they remaining there three Nights and three Days after removing, that then the Person departed shall pay all spirituall Dutyes to that same Church within the same Parish he doth remove unto.

Alsoe, the Ordinary hath for the Probacion of a rich Man's Will xij d., and for a poor Man's Will iiij d. as is expressed in the perpetual Indentures betwixt the Clergy and the Temporalty. But whereas rich Men do depart intestate, and the Ordinary to make a perfect Will according to the Custome of the Countrey it hath been accustomed, the Ordinary to have iijs. iiijd. for his Paines.

Alsoe, as concerning Cors-presents or Mortuarys are taken as it is expressed in the Indenture betwixt the Clergy and the Temporalty; which Indenture is agreed to stand for ever, and all under xiiij Yeares of Age pay noe Cors-presents.

Alsoe, Legacys are to be paid within xiiij Diys after the Probacion of the Will.

Alsoe, that all Tyth Corne be received by the tenth Stoke for casting the tenth Sheafe in the Read or Furrow was never used nor heard of; and for carrying of the Tith Corn away, the Parson or Proctor is at Liberty to carry it the next Way, keeping the Husbandman harmless, making the Ditch in the same sort, or as able as it was, or as he found it.

Alsoe, that noe Husbandman do lead any Corne or Hay before sufficient warning and Knowledge be given to the Parson, Vicar, or Proctor, when that the Corne is sufficient dry and able to be stacked, and the Hay also.

Also, if any Man convey, purloine, or hide any Corne in Houses or elsewhere to defraud the Tithes, that then the Parson, Viccar, or Proctor, to be restored three fould; but in case they need to thresh any Corn for their Necessity or Need, then to take with them two honest Men, which will testify the Tytli thereof to be truly paid.

Also, if any do lead or stack their Corn in Contimacion, or not agreeing with the Parson, Viccar or Proctor, for [49] the Tith thereof, that then the Sumner at the Appointment of the Ordinary, with two Honest Neighbours or more have used to cast down their Stackes, and take forth their Tythes; and the said Husbandman shall make all Charges for casting down the Stackes, and making up again; and further to be punished, at the Discretion of the Ordinary for the Cryme.

Also, all Tyth Flax and Hemp is to be brought to the Parish Church with the Seed thereof.

Also, that every one do bring into their Parish Church their Tyth Cheese and their Butter truly; that is to say once every Month the xxiiij Houres Milk made in a Cheese or Butter, beginning in the Month of May; and so of the Monthes of June, July, August, September, and October; And in case any do make Cheese or Butter, and do not bring in as is aforesaid, in case they be searched to be found withal, then to forfeitt all the Cheese and Butter that is so taken.

Also those that depose that they have neither Butter nor Cheese made within any of the said Monthes, that then if they have one Milk Cow to pay ijd., out of every Farrow Cow jd., out of eight Sheep ijd., and out of four Goats ijd.

Also the Sumner hath for his Paines and Duty doing one principall Cheese; in like manner hath the Parson, Clark, Vicar, or Curate, for writing all Things Orderly belonging to the Tyth Cheese.

Also, that every one do bring into their Foulds all their Sheep and Lambs at such Time as the Parson, Vicar, or Proctor, shall appoint, either in the latter end of the Month or May, or els in the Month of June, to pay truly their Tythe Lamb and Wool without any Fraud or Deceipt; that is to say, out of eight one Lamb, and so out of 9, 10, 11, or 12, but one Lamb; provided always, that if the Husbandman pay one Lamb or more, he shall have choice of two Lambs, and then the Proctor where he pleaseth of the rest.

Also, in case the Husbandman hath but five Lambs, then the Husbandman shall chose one, and the next to the best; the Proctor shall praise, and the Husbandman shall give or take; and if their be but 2 or 3 Lambs, then Ob. out of every Lamb.

Also, every one that hath wild Sheep or Lambs that cannot be brought to fold, then the Proctor hath used to depose them upon a Book what Wool and Lambs they have, and so to pay truly the Tyth thereof.

[50] Also, whosoever doth convey or hide his Lambs from Place to Place, and from Parish to Parish, for deceiving of the Church, if it can be so proved, then Restitucion to be made three fould.

Also, that all Proctors ought at Martinmas Time to put in a Book all small Tythes within the Parishes, that is to say, Purrs, Calves, and Colts, and to receive them from the Husbandman at Easter Time; and out of 8, 9, or 10, one Purr, and out of 12 but one Purr; and in like Manner of Calves and Coults; provided alwayes that the Husbandman shall choose one or two out of the Whole of the best when he payeth one or more, either Purrs, Calves, or Colts.

Also, when any Man hath but five Purrs, Calves, or Colts, then the Husbandman shall have one Choice, and then the Proctor to praise the next, and the Husbandman to take or give; and if the Husbandman hath but three Calves, he shall pay out of every one Ob., out of three Colts 5d. An whereas the Proctor hath not had for six or seven Lambs but Half a Lamb, then he may take out of four Lambs Halfe; in like Manner of Purrs, Calves, and Colts.

Also concerning Tyth Geese, they are to be taken after the same Order, and most commonly taken in the Month of December. And as for Tyth Eggs, they are to be taken at Easter, and are the beginning of the Annual Fruites next ensuing; for every Hen one Egg, and for the only Cock two Eggs.

Alsoe, concerning Honey and Tyth Wax; if there be 8, 9, or 10 Hives of that Yeare, then the Husbandman shall have two Choices, or out of Twelve: and the Proctor shall have the third Choice Hive for Tyth. And if in Case there be but 5 Hyves, the Husbandman shall have one Choice, and the Proctor shall praise the next Choice, and the Husbandman to give or take; but when there is but 2 or 3 Hyves, then after the Wax and Honey is purified, they shall take the Tyth thereof justly and truly. And whereas the Proctor hath not had out of vj or vij Hyves, but half a Hyve; then he may take out of iiij Hyves, half an Hyve.

Alsoe, every Master of every Fishing Boat shall cause all the Fish to be brought above the full Sea Mark, and there pay truely the Tyth. And if they will not truely pay, then the Master shall make five Shares of all his Fish, and the Proctor shall appoint to be divided what Share he will; the [51] Master must divide: the Proctor shall choose in that Order, because it hath no Life.

Alsoe when Herring Fishing is, the Proctor shall take his Tyth where the Boat doth ground and land; if the Boates land in another Parish than their own, they pay half Tyth there for the landing, except it be of such Boates as are in the first article specified. Bishop, Archdeacon, or Parson instituted, their Boates are free, and pay no Tyth.

And, if there be any Salmon Fishes taken, either in Salt Water or Fresh Water, the Tyth thereof is to be paid.

Alsoe, all those Boates that Fish, either in England or in Ireland, either for Herring or Gray Fish, is to agree for half the Tyth at their coming home, with their own Parson, Viccar, or Proctor: and in Case they bring any Fresh Herrings, not having paid half Tyth there, they must pay whole Tyth here.

Also, whereas the Sumner, Parson, and Clerk, take Pains in gathering Wooll and Lamb, having with them one Horse a-piece, and in like Manner one Sack for Carriage of the Wooll; then either of them to have one choice Lamb and one Fleece of Wooll paid out of the Tyth.

Alsoe, as concerning the Sumner's Duty of Corne, he must have a Band of three Lengthes of three principal Cornes Porcion alike paid from every Husbandman, and he must call within the Church with the Advice of the Vicar or Curate all such Things as lie is requested of the Parish that is gone or lost, and ought to stand at the Chancell Door at time of Service to whip and beat all the Doggs.

Alsoe, when the Sumner is required by the Ordinary to bring any Offender to Prison, he hath for his Pains iiijd. and in like Manner the Porter iiijd. of the same Offender; and when any is irregular or disobedient unto the Sumner and Ordinary, then the Ordinary hath used to send for aid unto the Constable of the Castle or of the Peele, who presently ought to send a Soldier to bring such Offender to the Bishop his Prison; and the same Soldier to have for his Paines of every such Offender at the Discretion of the Ordinary.

Alsoe, if in case any do bequeath a Corbe or Hyreloome for a Legacy, the same shall not be given, but the Value thereof with Discretion.

Also, it is accustomed that all Men of Occupation, what Science soever they be of, is to pay for the Tyth of the [52] same ijd. yearly, although he use it but three Times in the Yeare; provided always, that all Apprentices, during the the Time of their Apprenticeship pay nothing.

Also, all Persons that are marryed and unmarryed, that have received the Communion before, pay ijd. every Easter for four Offering Days; but in case that be the first Time that any Person doth receive, he payeth but an Ob. which the Curate must have, and he shall examine all such of their Beliefe.

Alsoe, every Parish hath that Liberty, that they may chuse their Clark, but the Ordinary must authorize, accept and allow of him to be sufficient and able for that Office; and in every Time of Visitation, and other Business, first the Parish must send to the Clark and the Clark come to the Priest and wait upon him.

A1soe, the Clark's Due his standing Wages is a Groate out of every Plow, if the Plowes plow but 3 Furrowes within the Yeare; and those that have no Plowes and keep Smoak, payeth annually jd.

Alsoe, the Clark must have of every Man that departeth this Life, being able to pay, a whole Corsepresent xxjd. or else his Apparell, as was used in old Time; and of a Woman xvijd., or else such Dutyes as were used in old Time; and of the Poor, all Debts being paid, to be reasonably agreed withall.

Alsoe, the Clark's Silver on the South Side of the Isle is xjd. and the Headpenny, of the which sijd. the Curate hath vijd. the Parish Clark iijd. and the Parson's Clark ijd. and upon the North Side xvd.

Alsoe, in case a poor Man or Woman depart, and there is not wherewithall to pay the Clark's Silver, then the Clark shall have no Duty, but the Duty to be sold to pay the Headpenny and the Clark's Silver; and if any want, the next of Kinn, both of Father's and Mother's side, legitimately begotten, is to make it out; because if the Party which departed were wealthy, and made no Will, they should be his Executors.

AIsoe all Gleebe Lands pertaining to spirituall Men, that is to say, Bishop, Archdeacon, Parson, Vicar, Curate, or Clark, if the Executors or Assignes do sow any of the said Gleebe Land before Easter Day, they shall have all such Corne as is sowen, with the Proffitt thereof, and shall be at Liberty to reape the said Corne, and carry it away.

Alsoe, if either Bishop, Archdeacon, Farmer, Parson, [53] or Viccar, having Leases, do depart this Life after Twelve of the Clock past upon Easter Day, their Executors or Assignes have ever been accustomed to have and enjoy all the Profitts of that Yeare until Easter Day next ensuing, and shall find and see the Cure served and discharged.

Alsoe, Parsons and Proctors having Tithes being far off, and cannot conveniently bring them home, it hath been accustomed to draw and stack the same in the Husbandman's Haggard without any Trouble or Let.

Alsoe, all those which are suspected of Sorcerrie or Witchcraft, and are presented by the Chapter Quest, then the Ordinary doth examine all such Causes; and finding any suspicion, shall appoint another Jury of honest probable Men within the same parish, and doth committ the Party suspected in the meane Time to the Bishop his Prison: And all the Offences and Crimes the Jury do find, or can prove, the Ordinary shall write; and if the Jury can bring or prove any notorious Fact or Crime done by the said Person, then the Ordinary doth deliver the same Person out of the Bishop's Prison to my Lord's Goale and Court.

Also, it hath been accustomed the Ordinary to take for every Citacion vjd. for every Suspencion xviijd. and for Excommunication ijs. vjd.; and if the Excommunicated will not appear, it hath been used to send for a Soldier to bring the Offender to the Bishop's Prison.

Also, when any great Offence is worthy of Excommunication, then the Ordinary hath been used to take for the Excommunicacion, Absolucion, and receiving all such Persons into the Church again, xs.

Alsoe, all Parishioners are bound to maintaine and keep upp the Body of the Church within and without, with all Ornaments, Bookesm and other Necessaries; and the Parson is bound to repair and keep in good Order the Chancell.

Alsoe, all Churchwardens must be appointed and sworne once a Yeare to see good Orders kept in the Church and Church-yard, their Church-yard Ditch to be well made, and to make a true and just Accompt to their Parishioners four Times in the Yeare.

Also, when any Irishman or Scotchman is found irregular, or hath committed any notorious Crime, they shall not be comitted to the Bishop his Prison within the Peele, but shall be comitted to the Moare's Tower within the Castle, or elsewhere by Discretion.[54] Also, all Curates hyred from Easter to Easter or longer, shall give a Quarter of a Yeare's Warning before Easter Day to his Master, in case his Will be to depart and go away from him; and in like Manner the Master shall give a Quarter of a Yeare's Warning to his Curate in case he will put him away; provided alwayes, that the Ordinary shall place and displace all such Curates at his Discretion.

Also it hath been accustomed when the Ordinary sends any Citacion Abroad for the keeping of Spirituall Courts, Chapters, or any other weighty Matters, then the Ordinary to send to the General Sumner, and he with all speed to send them Abroad.

Also, if any Parson, Viccar of the Third or Pencion do depart, and no other be installed withi six Months from Easter next ensuing the Departure, the Bishop or Ordinary shall take it in Lapse, if it be not in the Gift of the Lord of this Land or Isle.

Also, it was accustomed that all instituted Vicears of Pencion, heretofore having five Marks Stipend, should have four Nobles in Tythes of the old Sum at the least.




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