[From Yn Lioar Manninagh Vol 1 p332/336]

A DESCRIPTION OF AN ANCIENT LEGAL DOCUMENT RELATING TO THE ISLE OF MAN, WITH A BRIEF ACCOUNT OF THE PERSONS AND OFFICERS REFERRED TO THEREIN.

G. W. WOOD, A.K.C., F.C.S.

The following is a copy of an original manuscript which has lately come into my possession, and which will doubtless prove of interest to Manx Antiquaries. It is, as will be seen, a " Power of Attorney," executed in the year 1684, by the Dowager Countess of Derby, widow of Charles, 8th Earl of Derby and Lord of Man, appointing Robert Heywood, Esq., Governor of the Isle of Man ; Thomas Norris, Comptroller ; and Samuel Watleworth, gentleman, Clerk of the said Island, to collect the arrears of Lord’s Rent owing by the Moars of the 17 parishes, and of rents due from Rectories under the Impropriation Fund and Casualities, in respect of the year 1666.

The manuscript is interesting, as bringing us face to face with persons who are familiar to readers of Manx history and old offices and customs, the relics of antiquity in the Island.

It consists of two sheets of foolscap. On the front page is the legal instrument, written in a bold and finished hand. It bears the signature of the Countess (‘D. Helene Derby,’) with her seal in black wax, together with the signatures of the attesting witnesses, Robert Roper and Ol. Shawe. Page two is blank. Pages three and four are in another hand writing, viz , that of the last-named Oliver Shawe, who certifies them to be a true copy of the original record. Page three gives a copy (if the account of arrears, as certified by Richard Stevenson (Receiver-General) ; and on page four is a copy of the audit and recommendation by the Court, which met in August, 1667, and consisted of Isaac Barrow, Bishop of Sodor and Man and Governor of Man ; John Christian, Deemster ; Robert Parre, Vicar-General ; Thomas Norris, Comptroller ; Richard Tyldesley, Attorney-General ; and Hugh Cannell Water-Bailiff.

The Countess of Derby in question was Dorothea Helena, daughter of John Kirkhoven, Baron of Rupa, in Holland.¹ Her husband, Charles, 8th Earl of Derby, was the son of James, the 7th Earl, " Y Stanlagh Mooar," or " The Great Stanley," who was beheaded at Bolton for his services to the Royalist causein 1651.

The Earl Charles had himself been imprisoned during the Common-wealth, but was released at the Restoration, and became Lord of Man de facto in the year 1660. He was partly instrumental in bringing about the execution of William Christian, " Illiam Dhone," at Hango Hill, in 1663, for alleged treachery to the Derby family in the Isle of Man. Another important act of the Earl was the conveyance, in 1666, by deed, of certain Rectories and Tithes in the Island, in consideration of £1100, to the Bishop and Arch deacon, in trust for the benefit of the poorer Clergy and Schools.

It is of interest to note that during this reign, viz., in the year 1668, the first Manx coin appeared of which we have any knowledge, viz., the Joln Murrey Penny." John Murrey is said to have been an opulent merchant in Douglas.²

The Earl Charles died at Knowsley, in 1672. The deed, which is the subject of this notice, was executed by his widow 12 years afterwards. The first account of arrears (page three of manuscript) relates to Lord’s Rent, the arrears of which, in 1666, are stated at £320 3s. 1d. I have endeavoured, unsuccessfully, to ascertain the total amount of revenue due for that year from official resources, but in a manuscript account of the Island, compiled by Mr. Thomas Denton, of Gray’s Inn, London, in 1684 (now in my possession), the revenue of the Earl of Derby from lands in the Island is stated to have been about £1,500 in the latter year. The arrears were, therefore, between one-fourth and one-fifth of the total amount due.

The Court for auditing the public accounts, including the Lord’s Rent and revenues, consisted of the Governor and the Council. The Council included the Receiver-General, the Comptroller, the Clerk of the Rolls, the Water-Bailiff, the Attorney-General, the two Deemsters, the Bishop, the Abbot of Rushen, the Archdeacon, his Official, and the two Vicars-General.

The Receiver-General received the Lord’s Rents and revenues. The Comptroller examined the accounts of the same before they were submitted to the Court for audit.³

The Moars were the Lord’s Bailiffs, or officers, appointed one in each parish, whose principal duty it was to collect the Lord’s Rents and fines. All proprietors of land within every parish were liable to serve as Moar in annual rotation. The name of the property liable each year was returned to the Courts Baron by a jury of four, known as the Setting Quest. The principal office of the Setting Quest was, when any lands fell to the Lord, to discover a proper person to whom they might be set, and compel him to become the tenant.

The Moar became a member of the Setting Quest the year next after being in office, the compulsory limit of service being therefore four years.

The practice of the Manorial Court, in which the Setting Quest served, was similar to that of the Courts of Copyholders in England, and the offices referred to exist in the Island (with certain modifications) at the present day.⁴

The Arrears of Rectories refer to the " Impropriate Fund," which had its origin in the year 1666, when Bishop Barrow promoted a public subscription in England " for the increase and augmentation of the maintenance and better support and livelihood of the ministers of the Gospel, and for or towards the erection of a free school or the maintenance of some school-master or schoolmasters " in the Isle of Man. £1,041 8s 4d was raised, which was supplemented by a Government grant, and £1,100 was applied to the purchase from the Earl of the Rectories and Tithes of 10 parishes, subject to the annual rents reserved to him as follow :—

And a further payment of £130 every 30th year. Bishop Isaac Barrow and Archdeacon Jonathan Fletcher were appointed Trustees.⁶

The income from these Rectories and Tithes was enjoyed by the clergy until the death of James, the tenth Earl of Derby, in the year 1735, when James, second Duke of Atholl, took possession of the Island as heir of the said Earl James, and with it the Rectories and Tithes comprised in the. Indenture of 1666. Proceedings were thereupon taken in Chancery in 1742: by Bishop Wilson and Archdeacon Kippax for their restitution, and orders were made by the Court in 1751 and 1758 that the then Earl, Edward, eleventh Earl of Derby, should pay the accumulated arrears amounting an all to £4,101, and afterwards a yearly rent of £219 75 101d , in lieu of the said Rectories and Tithes This rent was paid by Edward, eleventh Earl of Derby, and his successor, Edward, twelfth Earl, until the year 1809, when payment ceased to be made. Action was again taken by the Trustees, then Bishop Criggan and Archdeacon Mylrea, and, as a result, in 1811 an agreement was entered into that a capital sum of £16,000 should be paid by the Earl in settlement of all claims. An Act of Parliament was passed ratifying this, and enacting that this money should be invested in the purchase of lands in England or the Isle of Man. Six estates were accordingly bought in the Island, and the rents therefrom distributed from time to time amongst the poor vicarages and schools there. ⁷

The names given in the " Account of Arrears " (p. 335) were those of the Vicars or their representatives of the defaulting parishes. Samuel Robinson was Vicar of Lezayre (from 1667 to 1686), Sir Hugh Cannell of Michael (from 1609 to 1672), James Moore of Lonan (from 1627 to 1653), and Thomas Parr of Malew (from 1641 to 1691)⁸ The other names I have been unable to trace.

The closing paragraph of the note by the Court, viz., " that money is not to bee had heere," is significent, and furnishes evidence of the scarcity of money in the Island about that time. Dr. Clay states that " such was the scarcity of small coin in the Island [in 1670] that objects quite worthless in themselves passed as coin, such as flat buttons, or perhaps bits of leather, bearing some mark to entitle them to credit."⁹

The spelling of the names throughout the document is consistent with the account of Manx Surnames, given by Mr. A. W. Moore, in his valuable book, " Surnames and Place Names of the Isle of Man," recently published. According to this authority, the names of the 17 " Moares " of the Parishes may be classified as follows :—Celtic, 3, viz., Clucas, Macfail, and ¹⁰Quarke; Scandinavian, 4, viz., Leece, Curlett, Christian, and Corkill ; Native, 6, viz., Cannell, Kneale, Cowin, Crayne, and ¹¹Brydson ; Exotic, i, viz., Cubon ; and Trade or occupation names, 3, viz., ¹²Jockan, Brew, and Gawne. Of the others, Norris and Tyldesley are Lancashire names, of families who were adherents of the Stanley’s, and followed them to the Isle of Man.

TO ALL CHRISTIAN PEOPLE to whom these presents shall come.— The Right honor^lbe Dorothea Helena Countesse Dowager of Derby, Relictand Administratrix of the goods and Chattells of the Right honor^lbe Charles late Earle of Derby deceased sendeth greeting. Know yee that I, the said Countesse Dowager of Derby have constituted, authorised, ordained and appointed, and by these presents doe constitute, authorise, ordaine, and appoint Robert Heywood, Esq : Governor of the Isle of Mann, Thomas Norris, gentleman, Comptroller of the said Island, and Samuel Watleworth of the said Island Clarke, my true and lawfull attorneys jointly or severally for mee and in my name and for my use to demand, leavy, receive, sue for and recoverre all and singular summe and summs of money and debts due and appertaineing unto the aforesaid Earle of Derby within ye said Is’and set doune and declared in a schedule hereunto annexed, and due and payable from the severall persons therein mentioned, or any other person or persons within the said Island, giveing and hereby granting unto my said Atorneys and every of them my full and whole power and authority in the premisses to doe and performe all and every Act, matter and thing as shall he lawfull and expedient for the collecting, recoverring and receiveing the said severall debts and summs of money, ratifleing and hereby confirmeing whatsoever my said Attorneys and every of them shall lawfully doe or cause to bee done in the premisses : In witness whereof I, the said Countesse Dowager of Derby have hereunto sett my hand and seale the twelfth day of November, in the six and thirtieth yeare of the raigne of our soveraigne Lord, King Charles the second, &c : and in the yeare of our Lord 1684:

Sealed and delivered (Signed) I). HELENE DERBY.

in the presence of:

(Signed) ROBERT ROPER

OL. SHAWE. L. S. L. S.

An Account of the names of those that are in Arreare to my Honnorbl Lord pte of the Revenue of ‘66 and returned to his Honnor by mee as Depbtors to ballance the charge of the aforesaide yeare this 2th of July 67. Appointed for the Auditt day.

(Signed) RICHD. STVENSON

At the Auditt continued the iiijth of August 1667

This particular of arrears is presented this day by the Receiver Generall uppon the passinge of the accounts, and desired the same might be accepted towards the payrnt. of his debett for t:e saide yeare. And complaininge that notwithstandinge the severall precepts to the Tenants and theire Imprisonment yett he~ cannott obtaine the money for discharge thereof, nor (as hee supposeth is there any means to bee had for the same; therefore wee have thought fitt to recomend it to our Honnored Lords consideration: And presumes there is noe other way for his Lordshippe to be satisfied therein, but by takinge theire cattell and come at reasonable rates, otherwise (itt beinge observed that the Tenants falls dayly into decay) his Lordshipp will in all probability bee a greate looser in these Rents and Arreares and more like to ensue, if onely money bee expected from them which is not to bee had heere.

ISAAC Sod & MAN
JOHN CHRISTIAN
Ro. PARRE
THO. NORRIS
RICH. TYLDESLEY
HUGH CANNELL.

There is due to my Lord for the materialls of the Loyall ffort, from Sr John Hudleston or *Ferd Calcott, at least ffive pounds for soc much I offred for them and was refused.

A true coppy from the originall, examined by me

OLIVER SHAWE.

1 Comptroller.

2 See Collins Peerage of England, vol. iii , p. 97.

3 See Manx Society’s Publications, vol. xvii. , pp. 49-50.

4 See Manx Society’s Publications, vol. xxxi., pp. 70-71.

5 Manx Society, vol. xxvi., p. 49, note 37, etc.

6 Manx Society, vol. xii. , p. 164 et seq.

7 Isle of Man Charities, p. 9, et seq.

8 See Manx Society, vol. xxix.

9 See Manx Society, Vol. XVII., p. ~i.

10 Quarke is not recorded by Mr Moore as being spelt with e final.

11 No instance is given of this name being spelt with y, always i.

12 This mode of spelling is not given.