[from Mills' Statutes, 1821]
Holden at St. John's Chappell, in the Parish of Kirk German, the 24th Day of June 1662, before the Right Worshipfull Roger Nowell, Esq., Governor of the Isle of Mann, and before the Councell of the said Isle, the Deemsters, and twenty-four Keyes, the Representative Body of the said Isle, it is ordered, ordained, and enacted, as followeth:
First, It is ordered, ordained and enacted, That if any Person or Persons shall frequently use to make a Path-way  through their Neighbours' Meddows, Corne, and Grass, in the Summer and Harvest Season, to the Prejudice of the Tennant, and bad Example to others, and the same presented upon Oath by the Farmer, or any his Servants or others, before the Governor, or either of the Deemsters, shall be punished at their Discretion; or if they be of Abillity, to be fined by the Court; and the same Course to he held against such as cutt any Man's Meddows, Corne, or Grass, as is frequently used.
Itm. That the Coroners of this Isle, who for many Yeares past, by some favourable Permission, and no Customary Law, by Statute have had the Benefit of yarding of three Servants within their Sheading, to the Aggrievance of the Country, shall for the future have but the Benefit of one yarded Servant within their Sheading, after that the Deemsters and Moars are served for theirs; and it is ordered, ordained, and enacted, That the Servants yarded for the Deemsters and Moars and Coroners, shall be proclaimed and make known at the Parish Church or Cross where such Servants then resides, the Sunday next after the Days of Warning between the Farmers and Servants, viz. Michaelmas Day and Lady Day in Lent, or the second Sunday after at the furmost, whereby the Farmer may timelyer know the same, and may with more Security and Conveniency provide himself of other Servants; otherwise, in Default of such Notice the said Officer or Officers soe neglecting not to have the Benefitt of such yarded Servant for that Yeare, but to be at Liberty to serve where he or she pleaseth; and that from the 24 Keyes their Household hired Servant shall not be taken from them by any Yardng.
Itm. That any Man Servant or Maid Servant that shall serve any of the said Officers for one Yeare by way of Yarding, shall for four Years after be free from such (by-past) too much Injunction and Bondage, and be at Liberty for the said Terme to serve upon Hyre wheresoever they please within the Isle.
Itm. That for the avoiding of Differences and Inconveniences touching choice Children, which have been formerly ordered and provided for, to old decripitt Persons and others, it is further ordered, ordained, and declared, That such Persons as shall intend to have the Benefitt of a choice Child, that he or she do enter, them with the Comptroller a Quarter of a Yeare, or at least one Month before the Dayes of Warning at Michaelmas and Lady Day in Lent, and bring  a Copy of such Entry, and publish it in the Parish Church, or at the Cross there, in Aidience of the People, the Sunday next before such Warning Dayes, or the Sunday next after at the furthest, that neither the Deemsters, Moares, Coroners, or the Farmers, may not be disappointed by expecting or depending on such a choice Child; and that in Default thereof by the Parents, or some Friend in their Behalf, they shall loose the Benefitt of their choice Child for that Yeare; and if it chance that the said choice Child doe die any time within the Yeare, after such Entry made and Notice given, the Parents are nevertheless to have the benefit of another Child, if they have any living with them, and the same not to be taken from them by any Jury of Servants, or otherwise.
Itm. That if any Tennant buy any Quarter Land, and happen to die intestate before he dispose of such Lands, it is ordered, ordained, and enacted, That in such Case those Lands shall descend, fall, and come to the eldest Son, and in Default thereof, to the eldest Daughter; and in Default of both to the next of Kindred; they nevertheless repaying the Consideration formerly paid for the said Land, or the Value thereof, unto the rest of the Children unmarryed or unprovided for, or to the Administrators where there is no Children; provided, that if the Deceadent make a Will thereof, itt to be observed; or if his real Intention touching the disposing or bequeathing of such bought Grounds be apparent and lawfully proved by sufficient Witnesses, and he or she die intestate, that Intention nevertheless to be observed according to the judicious Consideration of the Court.
Itm. In respect of that Statute limiting all Manner of Persons to Sue for Title and Claime for their Interest in Lands and Tenements, Milns, Cottages, Intacks and Houses, within xxj Years next after their Title shall first decend, come, or fall, otherwise that they and their Successors to be utterly excluded and barred from making any Title and Claime thereunto for ever, itt is apprehended that great Prejudice and Inconveniences may and will arise to lnfants, Persons under Coverture, beyond Seas, imprisoned, and the like; it is hereby therefore ordered, ordained, declared and enacted, That notwithstanding the Limitation of Terme by the said Statute, it is provided, and it is hereby provided, ordained, and declared, That if any Person or Persons that is or shall be entitled, or at the Time of  the said Right first descended, accrewed, come or falne, be within the Age of twenty-one Yeares, under Coverture, not of sound Mind, imprisoned, beyond the Seas, or have any other lawfull Impediment, then such Person or Persons, and their Heirs, shall and may, notwithstanding the said twenty-one Yeares be expired and run up, bring his Plaint, make his Title, sue his Right and Demand, as such Persons might have done before the Expiration of the said twenty-one Years, soe as nevertheless such Person or Persons, or their Heirs, do, within the Space of two Yeares next after their full Age, Discoverture, coming of sound Mind, Enlargement out of Prison, or free of their lawful Impediment, or coming into this Isle, take the Benefitt of, sue, and pursue the same, and at no Time after the said two Years be determined and expired.
|Rodger Nowell,||Tho. Norris,|
|John Christian,||Richard Callcott,|
|Richard Stevenson,||Hugh Cannell.|
|Ed. Christian,||Tho. Cayne,|
|Tho. Fletcher,||John Standish,|
|Robert Calcott,||Dollin Clark,|
|Tho. Bancks,||John Lace,|
|Robert Quayle,||John Norris,|
|John Garrel,||Tho. Casement,|
|Cha. Stanley,||John Fargher,|
|Tho. Moore,||Will. Corleol,|
|Will. Quayle,||John Cayne,|
|Rich. Stevenson,||Ew. Curghey,|
|James Moore,||Tho. Radcliffe.|
At a Court of Tinwald,
Holden at St. John's Chappell within the Parish of Kirk German, in the Isle of Mann, the xxiiijth Day of June, in the Year 1664, before the Right Reverend Father in God Isaac Lord Bishop of Sodor and Mann, and Governor of the said Isle; Henry Nowell, Esquire, Deputy Governor of the same under his Lordship; and before the Officers, Deemsters, and the 24 Keyes, the Representative Body of the said Isle: These ensuing Orders, Acts, and Statutes were ordained, enacted, and proclaimed, as wholesome Lawes to be observed in this Island in future:
It being observed some Yeares past that many Complaints did arise touching Men and Women Servants within this  Isle, there were certain Acts and Orders prepared, ordained, and providen in that Behalfe, as appears in the Exchequer Book for the Year 1655, which being in the Time of the late usurped Government, the same Acts and Orders are now revised, rescribed, and enlarged with the Stile of this Court of Tynwald, now holden under the Right Honourable Charles Earle of Derby, Lord of Mann and the Isles, the true and undoubted Lord and Patron of the same Isle, and the said former Acts of 1655 to be reputed invalid and cancelled for the future, and these now made to be the true and only Records and Statutes, as followeth:
First, Whereas it is observed at the Common Law Courts of this Isle, that there are many Accions entered between Party and Party for triviall small Matters, rather out of an envious and turbulent Spiritt than for any just Cause of Complaint, to the trouble of both the Court and the Jurors; which Manner of Actions the Plaintiff ofttimes fayles to prosecute, by becoming friends with the Defendant, or not holding such Accions worth the prosecuting, els his own Conscience not suffering him to swear any Damage upon the like Matters, by reason whereof many Actions happen to be unanswered, or without any Verdict in the Books, and without any fine estreated for the Lord, as by his Honour's Prerogative is due; it is therefore hereby ordered and enacted, that if the Plaintiff (after the answering of the Defendant to such Accions) faile to prosecute the same, either at the Court wherein those Accions are putt to a Jury, or the next Exchequer Court to be holden at the furmost, that then and in that Case it shall and may be lawful for the Court (the Plaintiff soe failing as aforesaid) to cast every such Complainant or Plaintiff in their own Pleas, and to charge the usuall Fine for the Lord's Use, provided that Sickness, or some other lawful Cause or Impediment, do not hinder or let the Plaintiff, from prosecuting at the said Courts, which is to be proved and made manifest by sufficient Testimony; in which Case it shall lye in the discretion of the Governor, Deputy, and Deemsters, or either or any of them, to give further Respite of Time to the Plaintiff for prosecuting; els, if cast in his Pleas as aforesaid, to grant a new Comencement of the Accion at the next Court, and at no Time after the next Court, and for the bringing in of the Jury's Verdict at the same Court; and this to be the Course of Termination of such Accions, except the Deemsters see sufficient  Cause to allow the Party grieved the Benefitt of a Traverse Jury.
Itm. Whereas oft Times, upon the Verdict of a Jury, the Party aggrieved is accustomed to traverse that Verdict, which many deferr to enter till either the adverse Party, or some of the Jury be dead, and also after that the Traverse is entered, yet great Delays used in the impannelling of a new Jury, and in the Prosecution thereof; all which tends not only to the great trouble of the Court and the Tenants, and of the Delay of Justice, but also of the Hindrance and Losse of the other Party, from having the Benefitt of the former Verdict in a convenient Time; it is therefore ordered, ordained, and enacted, and be it hereby enacted, ordered, and ordained, That hereafter noe Traverse be accepted off, unless the same be entered within the Space of xxj Days after the the giving in of the former Verdict; and that after a Traverse is entered within the said limitted Time, the Party becoming Plaint is hereby bound to prosecute the same effectually, and with such Expedition, as that Answer be brought in by the Traverse Jury within the Time and Space of six Months at the furmost at the entering of the Traverse as aforesaid, otherwise in Default thereof, it shall be lawfull for the Court to nonsuit the Plaintiff upon that Traverse, and so to charge the Fine of lxs. to the Lord's Use, if there appear not just Cause to the Court, in respect of the Plaintiff's Poverty, or other lawfull Reason, to mittigate the Fine aforesaid; provided nevertheless, if it do happen that the Verdict of the Traverse Jury be not brought within the limitted Time of six Months as aforesaid, and that it doth appear that the same fell out upon some extraordinary occasion, either in respect of Sickness, Insanitie, or other lawfull Impediment, then and in such Cases it shall and may be lawfull for the Governor, the Deemsters, or either of them, to grant a further Respitt of Time at Discretion; and this Rule to be held in the Course of every Degree of Tranverses, as the same falls out, according to the Order of the Law and Custome of this Isle.Itm. It is hereby ordered and enacted in Observance of former antient Statutes and Orders within this Isle, That whosoever shall transport any Person, or Persons inhabitting within this Isle, and in particular Men and Women Servants, or young Persons, without spetiall Lycence first had and obtained from the Governor of this Isle shall for every Time soe offending be proceeded against and forfeit as by  the ancient Law and Statutes of this Isle is already declared and provided; and such Servant or Servants, or young Persons, presumeing to transport themselves out of the Isle without such Leave or Lycence, shall be proceeded against either in Person or Goods, or both, at the Discretion of the Governor and Officers of this Isle.
Itm. It is ordered and ordained, That for the Tryall of tanned Leather within this Isle, which is very much abused by being slightly and insufficiently wrought or undertaken by unskilfull Workmen not well experienced in that Trade, whereby the Island is disparraged, and the Inhabitants greatly damnifyed and deluded, there be therefore four sufficient Persons skillfull in the Tryall and Discerning of the Goodness of such Leather, sworn by the Deemsters, or the one of them, in the four Quarters of this Isle, viz. one in or about Peeltown, another at Ramsey, another at Douglas, and the fourth at Castletown, to examine and try all Leather tanned within this Isle before it be put to Sayle, or made use of; and such Leather as any of the said Persons within their own Quarters shall find to be in their Judgments sufficiently wrought, tanned, and merchantable, to set a Stampe or Mark thereon of the three Leggs of Man, (the Arms of this Isle,) with the Letters C.D. to the same, and so such stamped or marked Leather to be vendible and merchantable, and for the said Persons Care, Diligence, and true Dealing herein, they are to have (every one in his own Quarter) the Fee of an Halfpenny for every Hide that shall be so marked or stamped. And it is likewise ordered, That if any tanned Leather shall be made Sayle of, or used without the Approbation of the said Persons as afforesaid, and without the said Mark or Stamp thereon, then such Leather to be seized upon and forfeited, the one Half to the Use of the Lord of the Isle, which the Attorney, upon Notice given is to take care of for his Lordship's Advantage, and the other Half to be to the Use of the Party or Partys informing the using or making Sayle of such unstamped or unmarked Leather. And it is further ordered and provided, That if it be proved that the said four Men, or any of them, shall stamp or mark Leather, not thorowly tanned and to be unmerchantable, the same Person or Persons soe offending and proved against is for the first Time to be severely punished, the second Time to be both fined and punished, and for the third Offence to be proceeded against as in the Case of Perjury.
 Itm. Whereas it is much complained of, that not only Children, Servants, Cotlers, and Intack-houlders, do frequently cutt Grass in the Corne and Meddows of the Farmers next adjacent, and digg, puill, and carry away Ling and Turff in some Persons rented Commons without any Manner of leave for the same, and digg and take away Timber in and out of the Curraughes on the North Side, and sometimes to cutt Corne with the Grass, and carry the same away for their Cattle, Horses, or such like Use, but also many of the Farmers themselves, and other Persons, out of an unconscionable Neighbourhood, doe presume, as is often complained against to putt their Cattle and Horses in their Neighbour's Corne and Grass in the Night Time and take them away again before Morning, as hath been many Times discovered; it is therefore ordered, That as often as any of the said Persons shall be found to offend in that Kind hereafter, and he thereof lawfully convicted by sufficient or probable Testimonie, shall be proceeded against as followeth, to wit, Such as be of Abillitie shall be fined to the Lord, or he punished as the Nature of the Offence shall demeritt, at the Discretion of the Governor and Officers, and further lyable to make Satisfaction to the Farmer or Party aggrieved by the Course of the Common Law of the Isle; and it is declared hereby, that the Evidence, or other Proof taken by and before the Governor or Deemsters, shall be sufficient for the Jury at Common Law to make reasonable Damages to the said Party grieved for the Trespass laid to the Offender's charge, which is left to be made and recovered in that Course of Law; except the Trespass be viewed and valued by Neighbours, as by former Orders is provided, then Satisfaction to be made according to the Provision of Law declared in that Behalf: And it is further ordered, That if they be Children or poor Persons that offend in Manner as aforesaid, that such be whipped, or otherwise punished at the Discretion of the Governor and Officers, according to their Condition and Age, for every Time so offending as afforesaid.
Itm. For the avoiding of the continual Controversies and Complaints that are daily observed to happen and arise about Men and Women Servants, it is hereby ordered and enacted; First, That all such Servants as do not give lawfull Warning to their Masters and Mistresses, to wit, Men Servants on Michaelmas Day, and Women Servants on our Lady Day, in every Year, and yet hire with another Master  or Mistress, that the Hireing soe made shall not be effectual in Law, but to be reputed invalid, in case the former Master or Mistress be aminded and prosecute to retaine and have the Servant soe neglecting to give Warning as aforesaid, to his or her Use for the same Yeare.
Itm. Seacondly, Whereas Complaints doe arise touching Servants, which either ignorantly, wilfully, or by Persuasion, or upon any other Accompt, doe hire with two several Masters or Mistresses, whereby much Differences and Troubles do arise and happen betwixt the Tennants; for the avoiding whereof, it is hereby ordered, and enacted and declared, That the Master or Mistress first hireing lawfully shall have the Service of that Yeare, and the other Master or Mistress so seacondarily hireing to have only the Wages of such Servants for the same Year.
And it is further declared, That the Wages which shall be paid in this Case, is the same that shall be aggreed upon betwixt the first Master and the Servant, which the said first Master is quarterly to pay to the other soe seacondarily hireing as aforesaid, or at any other time when the same shall be demanded from him: Provided it be discovered and proved, that the Master who is to have the Wages as afforesaid do know of the Servant's first Hireing, and yet shall use Means to perswade, intice, and inveigle the poor Servant to a second Hireing, to the End (in all Probability) to have the Wages to satisfy and pay of another Servant which he shall hire, and so be at no Charges of the paying Wages out of his own Estate; and, perhaps, through Subtlety may not hire such other Servant, but obtaines one by the making of a Jury of Servants, (unto whom that Master is not obliged to pay for Wages but according to the Statute in that behalf in Anno 1609,) and soe will receive an advantage to himself out of the former poor Labourer's Wages, who all the Year is work without any Wages, &c.; or if there be a strong Presumtion by Circumstances of the like fraudulent Uses and Courses; therefore, and in such Cases, as the Servant is to loose his Yeare's Wages by hireing with two Masters as aforesaid, soe the said Master, if it be proved against him to have perswaded, inticed, or inveigled the Servant as afforesaid, is not to have any Benefitt of the said Wages made unto him, but that the same be all reserved for the Use of the said Servant, and at his Dispose for his best Advantage; and if the Proof be only Circumstantiall and that the Blame partly appears in the  Servant as well as the Master, (who ought to enquire and be satisfied with the Truth of the Servant's Condicion before he doe hire him,) then and in such Cases the Year's Wages to be proportioned and allowed as the Governor and Deemsters, or either of them, shall think fitt in Discretion to order the same.
Itm. Thirdly, If any Servant or Servants doe hire oftener in the Year than twise as aforesaid, then such Servant or Servants to endure exemplary Punishment by being whipped at the Parish Church where he or she lived, on some Sabbath Day, or in some Markett Place at the Whipping Stocks, or otherwise, (the Servant's Condition and Age considered), to be imprisoned at the Discretion of the Governor and Deemsters, and to have for Allowance but one Cake of Bread and a Proportion of Water each Day during the Time of Imprisonment, and afterwards to do Service to the Master who first lawfully hired him; and the Wages to be paid and distributed at, the Discretion of the Governor or Deemsters, or either of them; Provided if any falacious Dealing shall be discovered against the said second or third Master, either by Proof or circumstantially, as is mentioned in the above Statute titled the Second, then the same to be taken into Consideration before the Servant suffer Punishment, and the Wages to be distributed according to the Discretion afforesaid.
Itm. Fourthly, it is also ordered, That Servants who are willfull and refractorie to do their Service to their lawfull Master, that Claime by Hireing, or are made by a Jury of Servants, or by Yarding, shall be punished by Imprisonment as the Governor and Deemsters shall appoint, and soe to continue until the said Servant do yield Obedience, and perform his Service, who, for his Allowance is to have but one Cake a Day and a Proportion of Water as aforesaid; which allowance is to be deducted out of his Wages by the Master, who is to send the said Relief daily unto him, either from himself, or some Friend intrusted in that Behalf; and likewise, the Master to have Allowance out of the Servant's Wages afforesaid, during the Time of his Imprisonment, for want of his or her Labour, or for to give another in his or her Place for the said Time of Imprisonment, at the Discretion of the Deemster.
Itm. Fifthly, That Men Servants betwixt Allhollowtide and Michaelmas, and Maid Servants hireing betwixt Lady Day and May Day, shall be reputed and deemed as lawfull  as the Hire made (fomerly used) on the said Allhollowtide and May Day only; Provided always, that such Servants soe hireing give lawfull Warning on the usual Dayes before mentioned, so that the Ernest given or taken on either of the said Dayes, shall be reputed invallid to the Hireing lawfully made between the Festival afforesaid
Itm. Sixthly, That all Men Servants giving Warning to their Masters on Michaelmas Day, and Maid Servants on Lady Day, shall be accounted lawfull and authentick, if it be given between Sun-rise and Sun-sett on those Dayes: And in case the Master or Mistress happen to be from Home on the said Dayes, or do absent themselves in a deceitfull and fraudulent Manner, to the End to take Advantage of the Servant by being not present to hear the Warning, or within hearing in any Part of the House where the Servant may not presume to come; that then and in such Cases the Servant shall take any, either Neighbour or other Servant, that is a competent Witness, with him, and repair to the usually Place where the Master or Mistress did sitt, at the Hearth or at Meat; or in case the Doors be made against the Servant, then the Servant and Witness to come to the Door where the Master or Mistress usually enter into the Fire-house; and in any of those Places, upon the Occasions afforesaid, give the usuall Warning, and it shall be authentick in Law against the Master or Mistress, in Case of Complaint against that Servant touching Warning; soe likewise if the Servant happen to be Sick, or incapassitated to give Warning in any the Manners as afforesaid, then may be doe the same by his lawfull Proxie, with a sufficient Witness likewise with him, and it shall be reputed authentick as before: And it is also ordered, that noe Contract or Hire made before the Dayes of Warning afforesaid shall be anyway authentick against the Hire lawfully made in Manner as before-mentioned in the fifth Statute, but that the same may be made null and of no Effect, upon complaint and Difference arising touching the Hire soe made as afforesaid.
Itm. Seaventhly, That all Ministers in this Isle shall have their Bridge and Staff according as is spetifyed in the Book of Statutes; for the better understanding whereof, it is declared, That any Servant, whether Man or Woman, that is lawfully hired with any Minister within their own Parish, shall not be taken from them by any second Hireing or Yarding, or by Jury of Servants.
 Itm. Eighthly, That noe Servant lawfully hired, espetially the Farmer's hired Servant, shall not be taken from them but on great Necessity, which is first to be made knowne to the Governor and Deemsters, or either of them, before the Jury's Verdict doe proceed, that soe Order may be given therein as there shall be just and lawfull Cause for the same.
Itm. Ninthly, That old decrepitt and sick Persons shall have the Benefitt of one of their Children, which they like best, to look to and serve themselves, but not to dispose of them to any other Person, and again to desire or expect to have such a Child when a Jury of Servants do make or intend to make that Child after the find him or her in another Man's Service, be it upon any Pretence whatsoever; provided that such old descripitt and sick Persons do in every Yeare enter the Name of such choice Child according to the former Order made in that behalf, and give Notice of the same at the Parish Church after Divine Service, that all Persons and Jury of Servants may take notice thereof, and not attempt the having or making of that Child by Jurors, for the avoiding of further Trouble, as oftentimes is occasioned for want of such timely Entry and Notice given as aforesaid.
Itm. Tenthly, That Juryes for Servants be impannelled all Times in the Yeare as often as there will be just Cause for the same; and that the Vagrant Servants by the said Jurors found be first made liable and put to Service, otherwise to suffer Punishment until they submitt, having for Allowance in that Time as is ordered for refractory Servants: And that the Days of St. Catharine's in Winter for Men Servants, and St. Collumbe's in Summer for Maid Servants, be noe Hindrance thereunto for the future; provided nevertheless, that this Liberty be not granted to any but such as are driven thereunto through manifest Necessity; for that many relying on this Liberty forbear to keep any Servants in the Winter and Summer Season till till towards Harvest Time, when Servants are scarcely to be had, and then to the Prejudice of poor People, as Cotlers, Intack-holders, Prentices, and the like, who are engaged by Trades, and giving Shearing for Crofts and Nooks of Ground for the Relief of a poor Family, they are mollested by such negligent Farmers, by endeavouring to compel them to their Service by Juries of Servants, provided therefore that no Man Servant be henceforth made to any by Jurys of Servants,  or otherwise but in the Time of Winter, nor a Maid Servant but within a reasonable Time of Summer, except in respect of Death, or other just and lawful Cause or Reason, (and that made known to the Governor and Deemsters) a further Liberty be granted for the same.
Itm. Eleventhly, If any Jury for Servants do proceed in making Servants otherwise than hereby is declared and as the Law provides, that their Verdict shall be reputed invalid, and themselves lyable to such Fine and Punishment as the Governor and Officers in their Discretion shall think fit.
Itm. Lastly, That such Servants as are made by Juryes as aforesaid shall have for their Wages according as is provided and sett down in and by the Statute of the Year 1609, as is incerted in the Book of Statutes of this Isle: And as for the frequent Complaint made by Servants soe made by Jurors, to know what Dyett and Usage they ought to have, it is therefore ordered asd declared, That such Complaints be henceforth viewed and certified at the Sight of four honest and sufficient Neighbours, who are to be charged to that end by the Coroner or Lockman of the Parish, and Presentment to be made against such as shall disobey; and the said Neighbours to approve or disapprove of such Dyett and Usage either in the Master's or Servant's Part, as near as may be to the Custom and Condition of the Countrey, or as formerly hath been held and used in that Parish or particular House complained of; and in case the same be not observed afterwards, but the Servant further occasioned to complaine, then and in that Case the Master is to give in sufficient Security to the Performance for the remaining Part of the Year.
Forasmuch as notwithstanding the severall Orders heretofore made to restrain the Poor of this Isle for ranging and begging frorn Parish to Parish, they doe nevertheless not observe the same, whereby the said former laudable Orders are neglected, and the Charity of the respective Parishioners not extended and afforded to the Relief of their own Poor, as is most expedient to be distributed, it is therefore ordered and ordained at this Court of Tinwald, That the Poor of the Isle shall not range or begg out of their own Parish, into any other Parish; wherein if they do offend contrary to this Order, then the Constable, Coroners, or Lockman of such other Parish, is for the first Time to warne and require such Beggars back to their own Parish, which if they neglect  and refuse, then are they to be compelled, and whipped to their said Parish; and if they continue refractory, and be disobedient, then are they to be brought by any of the said Officers into, the next Gaole, there to continue until they declare them selves Conformable to this Order; And it is also ordered, That none be relieved as the Poor of any Parish but such as are blind, lame, mayme or decrepitt in respect of Age or other Infirmity; and that all young and sound Persons shall either labour for their Livelihood, or be made to serve by a Jury of Servants, or otherwise to be committed until they submitt thereunto; and this Order to be observed from the last Day of this Month, upon the Pain and Penalty contained herein; and if the said Constable, Coroner, or Lockman of any Parish, do neglect their Duty, contrary to what is hereinbefore expressed, they and every one of them so offending and neglecting is, upon Complaint and Proof made, to be fined and punished at the Discretion of the Governor and Officers of this Isle for the time being.
|Isaac Sodor and Mann,||Edw. Christian,|
|Henry Nowell,||Hugh Cannell,|
|Rich. Stevenson,||Richard Calcott,|
|Rich. Tyldesley,||Will. Qualtrough.|
|Robert Quaile,||John Fargher,|
|Cha. Stanley,||John Tubman,|
|Robert Calcott,||Ewan Curghey,|
|John Garrett,||John Moore,|
|Robert Stevenson,||William Curlett,|
|John Norris,||William Christian,|
|Tho. Moore,||Thomas Radcliffe,|
|James Moore,||Thomas Woods,|
|Thomas Bancks,||Thomas Caine,|
|William Caine,||William Curlett,|
|John Standish,||Tho. Huddleston,|
These Lawes made and subscribed by my Officers of my Isle of Man, I doe allow and approve off, and give my Assent, that from henceforth they doe become Lawes. Given under my Hand at Knowsley this 16th of June 1665.
|||INSULA MONAE.||}||Anno 1665.|
Notwithstanding the several Statutes, Orders, Acts, and Ordinances already contrived, and made at sundry Times for Laws to be observed and kept within this Isle, Experience (nevertheless) finds it requisite by the Observation of severall Occurrences in the Progression and Transaction of divers Matters, beside what the Necessity of the Times doth require, that further or other Orders and Lawes be enacted, some to be repealed, and other to be enlarged or explained, as the present Government, with the Approbation of the Right Honourable the Lord of this Isle, shall think fit and requisite to be put in Execution.
We therefore the Rigbt Reverend Isaac, Lord Bishop and Governor of this Isle, Henry Nowell Esquire, Deputy Governor, with the Deemsters and Officers of the Lord's Councell, and the 24 Keys, the Representative Body of the said Isle, being convened and assembled, have and do by and with the Approbation and Confirmation of our Honourable Lord as aforesaid, (to which End these Acts are first in all Humbleness proposed,) order, enact, and ordaine, for wholesome Lawes to be observed and executed within this Isle as followeth:
First, Forasmuch as it is observed that notwithstanding it be enacted and Law within this Isle, that the Hedges or Fences for Meares and Boundaries betwixt Neighbour and Neighbour should be of the Thickness of a double Hedge, and four Foot and a Half in Height, and that every Tennant may keep his Grounds in severalty all Times in the Yeare, making sufficient Hedges and Fences, as by the Statutes of the Yeares 1577 and 1580 more at large may appeare; yet nevertheless the same Lawes and Orders are not observed in most Places of this Isle by the Tennants and Farmers thereof, insomuch as many Variences and litigious Differences daily happen betwixt Party and Party, occasioning not only mallicious Wrangling and ill Neighbourhood, but being so moved, and in Passion aggravate their Judgments to be too forward and pernicious in giving or taking desperate Oathes upon triviall Matters and of little Moment, both to the Endamaging of the Adverse Party, and the Conscience of him that so sweareth for small Advantage, and further a great Occasion of Imprisonment to the Tennant by such Losses at law by Trespass  in Corne and Grass, and the impairing of his Stock of Goods and Cattle, by the Want of Winter Pasture, the Tennement lying common and as Wast all the Winter Season without any Fence, contrary to the Rule of good Husbandry in other Countrys and Places; therefore (ayming altogether at the general Good) and for Prevention of such Enormitys, Inconveniencys, and Losses, and to the Intent that the Farmers and Inhabitants may live more peaceable among themselves, and reap better Advantage of their Estates and Tenements; it is hereby ordered, ordained, and enacted, That all and every the Inhabitants, Tennants, and Farmers holding any Lands, Farmes, or Tenements within this Isle, shall in every Yeare, as well against the Winter Time as the Summer and Harvest Season, make sufficient and able Fences, Ditches, or Hedges, as will be of the Heighth and Breadth afforementioned, and Trenches according to the Custome of this Isle for Breadth and Depth in such Places as the same is used, or shall be comodious, or els to sett out a Keeper or lawful Herd in respect thereof; and if any Tennant or Tennants fayle in or neglect the doing and performing of this Act and Order within the Space of two Months next after Proclamation of this Law, and not continue the said Fencing and Trenching in ever Yeare for the future, that the Great Enquest of every Sheading either take notice thereof themselves, or upon Complaint or Proof made, make due Presentment of the Default at every Sheading Court, or Head Court Days, to the End that such Persons may be fined more or less according to the Nature of the Contempt and Quality of the Person, to the Use of the Lord of the Isle, according to the customary Course in such Cases by the Officers thereof; and that this Course may be the better observed, the Deemster is to give the same in Charge every Half Year to the said Enquest in particular Terms.
And it is likewise ordered and enacted, That after such Fences, Trenches, Hedges, and Ditches, be so made up and maintained, that the Goods trespassing on the same may and shall be lawfull to be pounded in the Lord"s or Barron's Pinfold, as well for the Trespass done or made in the Winter Season, as in the Harvest or Summer Time; and that the like Course be taken for the receiving the Fee of one Halfpenny a Foot for the Goods so pounded, and for the Pinder or Warden of the said Pinfold's Fees (which is the one Half) according as the former Orders and Statutes  in that Behalf do mention and provide, excepting only that the Freedom and Allowance from paying the said Ob. a Foot for the first Trespass and Pounding by the Words of the said antient Statutes be repealed and disallowed, and for the future reputed null and void to all Intents and Purposes (severall Reasons and Occasions by the Temper of pragmatick Neighbours inducing the same); and that for the Time to come the said Ob out of every Foot to be paid as well for the first Trespass and Impounding of any Manner of Beast, as hath been heretofore, for the second or any other Time, by the aforesaid Orders and Statutes; and accordingly the said Pinder or Warden to levy and collect the said Fee himself, and, account for the same in every Year at the Court of Debit or Imposition of Fines, that the Lord's Part of the Fees so falling due may be estreated and charged upon the Receiver his Accompt amongst the Charge of Casualtys in every Yeare, or to be sett forth in the Moar's Abstract of Fines and Amercements at the Discretion of the Officers of the said Court.
And it is further ordered and enacted, That the Pinfolds of every Parish be made, upholden, and kept in repair all Times in the Year, as well Winter as Summer, or in default thereof the Parishioners to be fined for every Time neglecting the same according as heretofore hath been accustomed, and the same to be presented, by the Great Enquest of the Sheading upon the Proofe or Complaint of the Pinder or Warden in each Parish, or any other lawfull Proofe or Complaint made: And it is declared, That the Manner and Course to be held in the Repair of the said Pinfolds is, and so to be observed according to the Rule of the repairing of the Church-yards of this Isle, which is done by the Tennants of every Treene or Division of the Parish, for their doing of their particular Proportions of the same.
And it is likewise ordered, That a sufficient Person or Persons be nominated, sworn, or placed Warden of the respective Pinfolds, to deal truly therein, and to give a just and true Accompt of the Lord's Fee arising and accrewing from Time to Time in every Year as formerly accustomed; and the same Oath to be administered by the Deemsters, or by the Coroner or Lockman of the Parish before of the Great Enquest of the Parish wherein such Pinder is nominated and placed: And in case the said Pinder or Warden of Pinfolds be found faulty and negligent in his Office and Duty, or in giving in a just Accompt of the  Lord's Dues, then upon Proofe had and made, or true Information given such Pinder, not only to be fined and punished, but also to be removed from the said Employment, and another to be placed and sworn in his Stead as afforesaid, whose Ellection is to be by the Captain of the Parish, and by the Four of the Great Enquest of the same Parish, according as they shall find just Cause for his Honesty and Abillity and convenient Living to the Pinfold whereunto he is intrusted; and in Respect it is to be observed that one Pinfold in a Parish is discomodious to the People, now that that impounding of Goods is to be made as well in the Winter as Summer Season, and disadvantageous to the Lord, by the Remoteness of the most or a great Part of the Parish from the antient PinPold, which might make the Party agrieved indisposed to travel so far with the Goods trespassing upon him; therefore it is ordered, ordained, and declared, That the Parishioners of every Parish is at Liberty to erect and make another Pinfold in the most Convenient Place of the Parish as they shall choose and best like of upon their own Labour and Charges, and such new Pinfold to be made use of in the same Manner to all Intents and Purposes as the other antient Pinfold, both for pounding of Goods and paying of Fees, as also for the repairing of the same, and the swearing and placing of a lawful Pinder or Warden therein or thereupon
And forasmuch as Trespasses several Times happen, and is comitted by such Intackholders, Cottlers, and others, as live on Highway Sides, by turning Horses, Mairs, Colts, Cattle, Calves, Sheep, Swine, Geese, Goates, Lambes, Kidds, and other Goods, in the Laines or Highways, without looking after, unto, or herding the same, and ofttimes breakes the Farmers Hedges or Ditches to pasture and relieve such Goods therein; therefore it is further ordered, provided, and enacted, That if any Person or Persons put forth such Goods into the Lanes or Highways without the Consent of the Farmer or Tennant whose Lands adjoines to such Highwayes, and the Goods be found without a Herd, or one looking after them, that it shall and may be lawfull to such Tennant or Farmer to lead, drive, and carry away the same Goods to the next Pinfold, and the Owner to pay the like Fees for and out of the same as other Goods trespassing in Manner as afforesaid.
Also, if any Person or Persons shall be taken, found or known to open Gapes, or to break or fall down a Hedge or  Hedges, or any Part thereof, to the End (as such Person's Intent must needs be) to trespass in the Neighbour's Corne or Grass, that the Goods and Cattle so trespassing shall not be only pounded, but the Party or Partys so offending to be severely fined, and punished at the Governor and Officer's Pleasure, upon Presentment or Information of the Tenant complaining by Oath, or other lawfull Proofe of the same. And it is further ordered, That for Amends and Reperations of all such Trespasses as before is mentioned, for the avoiding of further Contention at Law, that immediately on Complaint of the Trespass, or at farthest at the Release of the Goods so pounded, the said Pinder or Warden, or the Coroner, Lockman, or Moar of the Parish, are hereby authorized to nominate, charge and swear four honest Neighbours to view the said Trespass, and to estimate the Damage upon Oath; and upon there Verdict given therein, the same to be forthwith paid to the Party grieved, or the Offender's Pawn, taken by virtue of the Deemster's Token for full Satisfaction without further Trouble or Accion at Law for the same.
Itm. Whereas it is observed that a Great Cause of Differences and Complaints in this Isle touching Servants is the frequent binding of Youth to Trades for two or three Years, and then, before they well understand the same, setts up for themselves and marry, and so live meanly and poorly, and turning Cottlers or Inclosurers on some Highway Side, are commonly given to pilfering and stealing and intertainers of Vagabonds, and of Men's Children and Servants, at unseasonable times, in dishonest Manner; and also, for want of Judgment, spoils, if not pilfer, some Part of the Country's Work and Goods put unto them; and becoming thus to be Tradesmen, assumes an Exemption from being Servants, and in that Manner cause a great Scarcity both of Servants and of honest and able Tradesmen in the Isle: It is therefore ordered, ordained, and enacted, That no Person or Persons within this Isle shall for the future, after Proclamation hereof, take or entertaine any Apprentice to learn any Science or Trade, without such Apprentice, with sufficient Surety, do first enter into a Penalty by Bond to the Lord's Use in the Sum of tenn Pounds at the least to serve for the Time, Term, and Space of five Years; and further, when the said Terme of Years is run up and expired, such Apprentices are (nevertheless) hereby inhibited, forbidden and barred to receive and entertaine any  other Apprentice or Apprentices with, unto, or under him for the Space and Terme of one Year afterwards; and that to be nevertheless upon the Approbation of three of the same Faculty at least for the Sufficiency to take and teach an Apprentice for the Terme of Years aforesaid; neither is such Apprentice such Number of Years allowed or permitted to marry for one Year's Time and Space without the special Lycence of the reverend Ordinary, or his Substitutes or Spiritual Officers so impowered for the Time being, first had, procured, and obtained for the same; and upon a true Certificate under the Hand of the Minister of the Parish, and two sufficient Neighbours where such Tradesman doth live and reside, of his Condition, Honesty, and Abillity, according to their Knowledge and Common-Feme, and Report, and all this upon Pain of severe Punishment upon the Person of the Offender or Offenders, and a pecuniary Mulct besides for a Fine to the Lord of the Isle.
Itm. Whereas it hath been an ancient Custome and put to writing amongst the Statutes of this Isle Anno 1609, That any Person pretending a Debt to be due from any Deceadant should enter his Claime for the same in the Spirituall Court or Records within a Twelvemonth and a Day after the Decease of the Party; or in Default thereof, not to be recoverable in the temporall Court of the Isle: Yet notwithstanding the said Statute, there is a Custome put in Execution besides, that the limitted Time for entering of such Claimes, and the prosecuting thereof in the Spirituall Court, is within a Twelvemonth and a Day after the Probatt of the Deceadant's Will, or making of his Decree, and yet the said Statute remains unrepealed or cancelled: And forasmuch as many Times such Probatts and Decrees are overlong neglected and deferred, whereby sometimes the Deceadant's Goods are much embezzled and impaired, to the Prejudice and Damage of Creditors, Executors, and Children, with many other Inconveniences thereupon ensuing: Therefore to reconsile the said Statute and Custome, and for Remedy and better Certainty and Order in this Case, it is hereby ordered, declared, and ordained, and so to be construed, deemed, and understood for the future, That the Probatt of every Will, and making of Decrees of Decendant's Goods, shall be fully performed and effected within the Time and Space of three Months next after the Decease of the Party at the furthest, upon Pain of Fine and severe Punishment on the Persons or  Partys that shall fail in the Performance, or neglect the same, after due and lawful Notice and Summons given by the Officers of the Spirituall Court appointed in such Matters, and therefore that the Spirituall Officers take spetiall Care for the Observance this Order and Act: And it is also hereby declared and provided, That the Time for intermeddleing with Debts, and for entering of Claimes, and proveing of the same in the Spirituall Court for the future, shall be within the Twelvemonths and the Day after the Probatt and making of such Wills and Decrees at the end and Terme of the three Months aforesaid, and not otherwise; and in like Manner, that the Time or Cognizance for Tryall of such Debts and Claimes in Temporall Court shall be, after the Expiration of the Twelvemonth and a Day aforesaid, and at no Time before. And furthermore it is hereby ordered, enacted, and declared, That it shall not be in the power of the Spirituall Court, or Officers thereof, to non-suit any Claimer or Claimers of Debts in their Court by any particular Order or Proclamation for failing to come in to prove his Debt according to the Time appointed by such Notice or Call in the Parish Churches of the Isle, or particular Places or Churches thereof; nor to debar or non-suit such Persons as shall neglect or faile to enter and prove his or their Debts in Observance of such Proclamation, Order, or Call, but that such Claimers and Enterers of Claimes shall and may have the Benefitt of this Act for the Entering and Proof of their Debts within any Time of the Twelvemonth and the Day as aforesaid, first in the Spirituall, and afterward in the Temporall Court as before; only it may be lawfull for the Officers of the Spirituall Court to issue out such Order of Proclamation, upon spetiall Cause or Reason for the Knowledge of all Claimers Demands at any Time, within the Twelvemonth and a Day as aforesaid.
Itm. Whereas there hath been of late a strong suspicion of that fowle and bestial Sin of Buggery to be committed within this Isle, against which there hath been no Law or Order heretofore made or enacted, until now this present Occasion required the same; therefore that Persons addicted to such Lewdness may receive condign Punishment by exemplary Tryal at Law according to the Rule of other Countreys, it is ordered, ordained, and enacted, and be it hereby ordered, enacted, and ordained by the Authority of the Court of Tynwald within this Isle, and the Appro-  bation and Confirmation of our Honourable Lord as afforesaid, That any Person or Persons committing, or suspected to committ, such a filthy Act with any Manner of Beast, the Case shall first receive and have its Examination in the Spirituall Court according to Matters of Rape, Sorcery, Witchcraft, or the like, and afterwards in the Temporall Court by Indictment and Arraignment, as in the Case of Fellony, or other notorious Crime, if the Spiritual Court so return the same after Examination; and if the Malefactor be found guilty, Then Sentence of Death to pass against him, and to forfeit Life and Limb at the Pleasure of the Lord of this Isle; and likewise to forfeit all his Estates, Lands, Goods, and Chattles, as in the Case of Fellony, or other notorious Crimes as afforesaid, by Force and Virtue of this Law.
These Laws proposed to me by my Officers of the Isle of Mann I do allow and approve of, and give my Assent, that from henceforth they do become Laws. Given under my Hand this 16th Day of June 1665.
At the Tynwald Court holden this 24th of June 1665.
These last Acts being proposed to the Right Honourable the Lord of the Isle, and by his Lordship perused, the same is returned with his Honour's Approbation thereunto; whereupon the same Acts and Laws are this Day proclaimed upon the Tynwald Hill before the Audience and Assembly then and there present, to be observed and kept for wholesome Lawes for the future.
|Henry Nowell,||Tho. Norris,|
|Rich. Stevenson,||Hugh Cannell,|
|Rich. Tyldesley,||William Qualtrough.|
|John Garrett,||Tho. Woods|
|Cha. Stanley,||William Curlett,|
|Tho. Moore,||John Moore,|
|Tho. Radcliffe,||William Caine,|
|Ro. Stevenson,||Tho. Bancks,|
|William Christian,||John Kneale,|
|John Norris,||Thomas Clauge.|
 At the Court of Tynwald,
Holden at St. John's Chappell, within the Isle of Mann, the 21st day of September, 1667, before the Right Reverend Father in God, Isaac, Lord Bishop, and Governor of the said Isle, Henry Nowell, Esquire, Deputy Governor there. with the rest of the Councell of the same Isle, and before the Deemsters and the 24 Keyes, the Representative of the said Isle, these ensuing Orders were enacted, and by and with the approbation of the liege Lord of the said Isle, to be published for good and wholesome Laws to be kept and observed in the said Isle, as followeth:
First, That no Neighbour, or any other Person, do (as is too frequently used) intice, inveigle, countenance, or entertaine any Servants, especially at unseasonable Times, under Pretence of any Manner of Kindness, of visitting of Friends, of Drinking, Gameing, or otherwise, for that it hath been observed to be a great Motive to convey and purloyne their Master's Goods, and so bring such Servants into a Course of pilfering and wasting of their own Wages; it is therefore hereby ordered, enacted, and declared, That whosoever shall be known to entertain Servants or Men's Children in that Kind for the future, and thereof evicted by Testimony, or other material Circumstances, shall, (if the Party be of Abillity) for the first Time be amerced in a Fine to the Lord's Use; the second Time to be both fined and punished, besides making Restitution to the Party grieved, and for the third Offence to be proceeded against as Receiptors and Abettors of Fellonys according to the Statute against Pilferys, if the goods purloyned and receipted amount in Value above ijd. ob. and that by Indictment and Arraignment; and the Servant to be punished at Discretion, and to give in sufficient Security for his true and Honest Dealing and Demeanor for the future.
2. Itm. Whereas it is complained against, that Servants do assume the Liberty to absent themselves frequently on Sundays and Holy Days from looking after their Master's Goods, and other Concerns, without their Master's Lycence, or any Leave or Consent desired therein, which ofttimes redounds to their Master's Prejudice and Damage relying upon such Servants (both) honest and obliged Care; it is therefore hereby ordered, enacted, and declared, That if any Manner of Servant do offend in the like Nature hereafter, upon any Pretence whatsoever, without first acquaint-  ing their Master or Mistress therewith, and obtaining their Leave and Liberty, it shall be lawfull for such Master or Mistress to deduct and detaine ijd. out of the Servant's Wages for every Time so offending : And if nevertheless such Servants make a constant Practice of it, and use the said Liberty at their own Pleasure, then upon the Master's or Mistress's Complaint the Servant to be punished by Imprisonment, with the Allowance of Dyett mentioned in the late Statute for the refractory Servants, and so to continue until he or she engage to, conform and become obedient and carefull according to the Trust reposed in them; and nevertheless the Master or Mistress to deduct and detaine (if they please) ijd. for every Sunday's and Holy Day's absenting as aforesaid; and moreover, so much out of the Servant's Wages besides as shall satisfy and pay any Person taken to perform the Work and Labour of such Servants during the Time of their Confinement as aforesaid.
3. Itm. Whereas notwithstanding the Statute of the Year 1609 for Limittation of Servants Wages, to wit, a Plowman to have by the Year xiijs. iiijd., a Driver xs., and a Horseman viijs., and to a Woman Servant as she should be reputed fit to deserve, &c.; at which Time the Farmer was of better Abillity than of late Times, since the enhancing of the Wages, to pay the same by the Rares aforesaid for their Corn and other Comodities; that nevertheless the Servants will not of late Yeares hire for double the Wages mentioned, unless they may receive what Wages the please, not considering that the Farmer is far more unable now than formerly to pay the same, in respect of the Scarcity of Money, and the cheap Rates both of Corn and Cattle; and yet are the Servants in a better Condition to subsist, by the cheapness of Cloath, both Woolen and Linnen, and all other Comodities they stand in need of; And whereas it may be conceived, that the Wages mentioned in the said Statute was only intended for such Servants as were made by Jurys and Yarding, albeit the foresaid Statute is plain to the contrary, being for the Wages Generall of Servants, &c.; be it therefore hereby ordered, enacted, and declared, That there be a Restraint of such Exorbitancy in the Servants, That (considering both the Cheapness of all Comodities at present, and that probably the same may rise higher hereafter, and so continue for some Time) there be this Moderation made on both Parts, viz. That every sufficient Plowman shall have for his Wages  fifteen Shillings, and not above; every Driver ten Shillings; every Horseman, or Horse Lad, eight Shillings, every Household Fisherman xiijs. and not above; and every Maid Servant of Abillity to undertake and performe her Master or Mistress's Service, the Wages of nine Shillings by the Year, and not above; and that the Allowance of Wages to other Maid Servants of meaner Capacity and Abillity, and to Shepherds and the like, be estimated by the Deemster, and in some Things both by the Deemsters and the Standing Jurys for Servants in each Yeare, if such last Sort of Servants will not be otherwise reasonably satisfied by their Master or Mistress; and no other certain Wages to be given above the Rates and in Manner as aforesaid, unless it be by Way of Bounty, at the Discretion of the Master or Mistress, as they shall understand the Servant worthy of, or himself deserve, according as is mentioned in the foresaid Statute: And if any Servant be refractory, and refuse to serve at the Wages and Rates aforementioned, such Servants (upon Complainte to the Governor, or his Deputy) are to be imprisoned, and so to continue with the Dyett of disobedient Servants untill they submitt to the Statute thus made, and give Security for their honest and careful Labour as Occasion shall require; and besides, to pay such Fees for their Contempt as by the Governor or his Deputy shall be thought fitt.
And it is provided, That the said Wages is conditional in case the Servants be not able to perform the work, otherwise to be lessened at the Deemsters Discretion.
4. Itm. Whereas divers, under the Pretence of old and decrepit Persons, make entrance of Choice Children for their Freedom from service, whereas such Challenge and Claime by many of those Entrys is contrary to the true Intent and Meaning of the Statute made in that Behalf, by Means whereof a Scarcity of Servants are occasioned, and an Obstruction both to the Farmers, Deemsters and other Officers, who should have the Benefit of yarded Servants, &c.; Be it therefore hereby ordered, enacted, and declared, That no Person shall have the Benefit of Entrance of a Choice Child for the future, but such as shall have the Approbation for the same under the Hands of the Jury of Servants in their own Parish for the just Necessity thereof, and then after to enter the same with the Comptroller at the usuall Time according to the Statute in that Behalf; and to this End the Deemsters are to give Orders to the  Coroners of every Sheading or their Lockmen, to impanell a Jury for Servants in a seasonable Time betwixt Allhollowtide and May, and to remain a Standing Jury for that Year for making of vagrant Servants, and certifying with such as shall be thought meet to have the Benefit of Choice Children, which is to be included in their Oath for their true dealing therein.
5. Itm. That such Witnesses as are charged more than once upon any Case (except the Lord's) at the Suit of either Plaintiff or Defendant in one and the same Business, shall have reasonable Charges allowed and paid them at the Discretion of the Court, or of the Governor or Deemsters before whom the Case depends, from the Party, whether Plaintiff or Defendant, or any other Person that is the Cause of their unnecessary Charge and Trouble; and if the Default be by any of the Witnesses themselves, then such to be emulct both in a pecuniary Fine to the Lord, and Satisfaction towards the Charges of the rest of the Witnesses that appeared and are occasioned to be further troubled by such Neglects, provided such Persons be lawfully charged, and due Presentment made thereof.
I have perused those five Orders and Statutes before mentioned, and do give my Consent and Approbation for their Confirmation, and will that they be published at the next Tynwald Court as enacted and wholesome Laws to be observed within that my Isle of Mann, amongst other the Statutes there.
And have thought fit to propose these ensuing Orders to my Governor, Officers, Deemsters, and 24 Keys of my said Isle, for their Perusal and Subscriptions, conceiving and approving them to be expedient for their Continuance as enacted Statutes and Laws, and so to be published at the Court of Tynwald within my foresaid Isle that my Intention and Resolution thereby may be extant to future Ages, it so much relating to the gbod of my Island, and the People thereof in generall.
Forasmuch as it would very greatly conduce not only to the Beauty, but also the Health and Riches of my Island, to have Wood planted in all Places convenient for it, and because it is impossible to preserve Wood where Grounds are made common, as by a bad custom they are for a great  Part of the Year in my said Isle, whereby the good Husbandry of Planting is discouraged and wholly neglected; be it therefore enacted, That whatever Persons shall suffer his Goods to stray from his own Grounds without a Herd to keep them from damnifying their Neighbours, and so become Trespassers upon any Man's Ground, at any time of the year whatsoever, (except only such a Neighbour who fails in keeping his Part of the Fence, which by Law he is bound to mantaine with him,) shall for every Beast thus trespassing and brought to the Pinfold pay besides the Lord's Due to the Party damnified iiijd. for Trespass in Summer, and iid. for the Trespass in the Winter Season, unless the Party grieved shall think fit to remit lor lessen it; and the same to be levied by Authority from the Deemster, who shall not fail upon just Complaint to issue forth his Token to this Purpose.
And whosoever shall be convicted to have cut, broken, or spoiled, any Tree, Sett, Plaint, or Graft, (unless upon his own Ground,) shall for the first Offfence be compelled to plant five for every one so hurt or spoiled; and for second Offence tenn, in such Places of the Ground as the Owner shall appoint; and for the third Offence and after, shall suffer such Punishment by Imprisonment, Fine, or corporal Chastisement, as by the Governor or Deputy shall be thought fit; and if the Tree cut or spoiled be of any considerable Value, he shall also make full Satisfaction to the Owner, and be compellable so to do by the Deemster's Token. And whereas by further Orders the Hedges or Fences were ordered to be of the Height of four Foot and a Halfe, it is now declared that such Hedges or Fences shall be of the Height of five Foot at the least for the future.
Having had Information given me that by Reason of severall Cross Statutes yet extant upon Record, and also of pretended Customes and Brest Laws, contrary sometimes to the Statutes in force, my People are much distracted in their Affairs, and made uncertain how to proceed in the Transaction of their meanest Concernments, and are drawn unto unnecessary Charges of Coppys, and that Lawsuits and Differences are multiplied, and their Dispatch hindered and prolonged:
These are to require my Comptroller, Deemsters, and my Officers which are best acquainted with the State of my Island, together with the Advice and  Assistance of the 24 Keyes, to make an exact Enquiry and Search into the Statutes, that such as are found fit to be abrogated may forthwith be repealed and cancelled, and that the best that are necessary for the Government of the Island, together with such Customes as are thought worthy to be translated into Laws, may be wrote fair into a Book, and made the Rule of Proceeding in in all Cases that so no Liberty may be left to private Opinions, or gratifying Interests; but that the People may know their Duty, and expect their Reward or Punishment according to their Conformity or Disobedience to the known Laws.
The same Course I also require also to be taken with the Ecclesiastical Statutes by the Spiritual Officers, with the Advice and Assistance of such knowing Persons, both of the Clergy and Laity, as shall be thought fit to be joined with them by the Bishop of my Island; and because I look upon this as a great Expedient for the Preservation of the People's Peace and Quiet, or at least for shortening and composing Differences, I require that it be forthwith put in Execution.
These annexed Acts being sent to our Honourable Lord, and by his Lordship approved of, to be published at the Tynwald Court holden the 21st September, 1667, being St. Matthew's Day, the same is now subscribed by us:
|Isaac Sodor and Man,||Richard Tyldesley,|
|Hen. Nowell,||Tho. Norris,|
|Rich. Stevenson,||Hugh Cannell,|
|John Christian,||William Qualtrough.|
|Tho. Radcliffe,||Tho. Huddleston,|
|Rob. Quayle,||Th. Harrison,|
|William Christian,||Tho. Woods,|
|John Standish,||John Kneale,|
|Hen. Radcliffe,||Cha. Stanley,|
|Rob. Stevenson,||Ewan Curghey,|
|Tho. Bancks,||Tho. Casement.|
At the Tynwald Court,*
Holden at St. John's Chappell, in the Parish of Kirk German, in the Isle of Mann, the 24th Day of June, 1673, before the Worshipful Henry Nowell, Esquire, Deputy Governor of the Isle; Richard Stevenson, Major Generall and Assistant to the Court; Richard Tyldesley, Comptroller and Clark of the Rolls; Thomas Norris and Edward Christian, Deemsters; Richard Baxter, Thomas Fletcher, and Thomas Norris, Waterbayliffs;† William Qualtrough, the Lord's Attorney; and the 24 Keyes, the Representative of the Isle.
Whereas by an antient Order of the Year 1582, enrolled in the Book of Statutes of this Isle, and by a Statute enacted in the Year 1645, it is ordered and declared, That no Manner of Person or Persons whatsoever shall give, grant, or assigne, any Lands or Tenements within the Isle, without the special Lycence of the Lord of the said Isle, or of the Officers thereof, as therein is expressed, and without their Approbation, Confirmation, or Allowance, otherwise that all Bargaines made to the contrary shall be void and frustrate and either of the Partys nevertheless to forfeit lxs. by each of them to the Lord's Use, as by the said Order and Statute more at large appeareth.
Now forasmuch as some of the Tennants who had Matters relating to the said Statute and Order pleaded their Ignorance thereof, having incurred the Forfeiture of lxs. in respect their Bargaines wanted the like Allowance and Confirmation; therefore the Court hath thought fit that, the said Statute be again revised, and this Day proclaimed in Audience of all the Countrey and Assembly present, which is so performed that all Persons may take due Notice thereof, and conform themselves and their Matters of that concern accordingly for the future.
And whereas it is observed, that divers the Inhabittants of the said Isle do frequently bring such poor Veales to the Marketts to be sold, that in respect of young Age, being but few Days old, they are so Carrion like, that it is odious and undecent the Sight of them, besides the Danger of eating any of them, for the infecting of People of their Healths, and a great Disparagement to our Marketts, especially before Strangers; therefore, for the Prevention of the like for the future, it is this Day ordered and proclaimed, That whosoever shall bring, or cause to be brought, to any Markett within the said Isle, such unwholesome Victualls before such Veales have come to the Age of three Weeks at least, and be fit and wholesome to eat, that the Constable and Clark of the Markett in every Town shall ceize upon such Victuals, to wit, Veal under three Weeks old, and also such Lambs, Kidds, and Piggs, as shall appear unmarkettable in respect of their Poverty and Tenderness of Age; and having so ceized thereon, the same to distribute to the Poor of the said Towns, or otherwise to burn the Flesh of such Things in some convenient Place, and the Owner not to have any Recompence, nor admitted to make Saile of them; and if any Owner of such Goods be refractory, and give Opposition hereto, it shall be lawful for such Constable and Clerk of the Markett to make Presentment against such averse Owners of those Goods, who thereupon shall be proceeded against both by Fine and Punishment at the Court's Discretion; and it is to be provided, that if any Inconvenience arise by this Order, that the same be further considered of at the next Tynwald.
Also, Whereas several Complaints have been made against such unconscionable Persons as presume to abuse their Neighbour's Goods in an unhumane Manner, both by Stroaks and stabbing them, or by any other Manner of Way whatsoever, to the great Damage and Prejudice of the Owners thereof, contrary to the Peace and good Order of of the said Isle; for the discovery of such Enormitys it hath been a laudable Custome in the said Isle, that all Neighbours, but especially suspected Persons, should give that Satisfaction to the Law as to give an Oath before a Jury of Inquiry to clear themselves if they could, or else to be lyable to make Restitution as the Law should require; contrary to which wholesome Rule some litigious Persons, not regarding the discharging of a good Conscience, and so refractory and perverse, that they will not give Satisfaction as aforesaid as one Neighbour should give another, but insist on having the Matter proved by Witnesses, which they well know cannot be had in such a mischievous, obscure and secret Violence: And it being not doubted that such laudable Custome should meet with Persons of such exorbitant Courses, but that every one would be ready to give Satisfaction by Oath, both our of Charity and good Neighbourhood, as the said Custome has hitherto passed without any Penal Act made therein, thererefore this Court hath this Day ordained and enacted, and it is hereby ordained and enacted, and accordingly proclaimed in Audience of all the Assembly present, that every Person take due Notice thereof, and conform themselves accordingly, that when and as often as Complaint is made of such fowle Misdemeanors to be done to the Goods and Cattle of any Person within this Isle, That every Neighbour, and all others suspected, give an Oath before a Jury of Enquirey clearing themselves from the Fact if they can, without any further Witness to be produced, or insisting on that nice Evasion, that they ought not to swear against themselves, or the like Allegations; and that if any Manner of Person or Persons be obstinate or refractory in refusing to give or take any such Oath, that in such Case and Default the Person or Persons so refusing shall be deemed Guilty of the Fact, and make full Satisfaction and Restitution to the Party grieved, according as a Jury shall estimate the Loss sustained to demeritt by a reasonable Rate or Value; and by virtue of the Deemster's Token, for the taking of a Pawne against the Goods and Chattles of the Offender, according to the Rule and Custome of this Countrey; and nevertheless the Offender to be proceeded against by Fine and Punishment for better example to others, according as the Court shall think fitt at their Discretion.
|Henry Nowell,||Edw. Christian,|
|Rich. Stevenson,||Tho. Fletcher,|
|Richard Tyldesley,||William Qualtrough,|
|Tho. Norris,||Tho. Norris, Junior.|
|Cha. Christian,||William Curleod,|
|Ro. Quayle,||William Christian,|
|Ewan Christian,||John Moor,|
|Tho. Radcliffe,||Steven. Kee,|
|Ro. Stevenson,||John Kneale,|
|Tho. Woods,||Hen. Radcliff,|
|John Barry,||Rich. Harrison,.|
|Cha. Moore,||William Curlet,|
|Pat. Christian,||Tho. Norris,|
|William Caine,||John Norris.|
Examined by JOHN QUAYLE, C.R.
Apud Cur. Goall. Deliberand. Tent. 20 Junij 1651.
Libr. Scaccar. Fo.31
Forasmuch as John Moore of Kirk St. Anne hath made unlawfull and wrong Use of the Governor's Token, and converted it otherwise than he hath had Directions for, for which he hath been punished by Imprisonment, and is still so to continue during the Governor's Pleasure; now for the Prevention of any such Error and Abuse to be committed by any Man hereafter, it is enacted, ordered and decreed, That whosoever shall hereafter, counterfeit or make false Use of the Governor's Token, he shall forfeit xxs. to the Lord's Use, and suffer Imprisonment during the Governor's Pleasure; and whosoever shall counterfeit or make false Use of the Deemster's Token, he shall forfeit xs. and suffer also Imprisonment during the Governor's Pleasure; and this to be published and proclaimed the next Tynwald Court for a Law to be henceforth observed upon the Penalty afforesaid.
|John Greenhalgh,||Will. Christian,|
|John Cannell,||John Sharples,|
|John Christian,||William Huddleston,|
|John Curghey,||John Tear,|
|Rich. Stevenson,||John Caine,|
|John Garrel,||Tho. Thompson,|
|John Caesar,||Dollin Clark,|
|Robert Quayle,||Hen. Moor,|
|Tho. Fletcher,||William Stevenson,|
|Will. Quaile,||William Clague,|
|Thomas Norris,||Hen. Watterson,|
Be it enacted as it is desired, J DERBY.
Examined by JOHN QUAYLE, C.R.
| Any comments, errors or omissions gratefully received The
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