From Manx Soc vol IV,VII & IX

Respecting an Inquisition Post Mortem lying in the Isle of Man

A.D. 1607.

STATE PAPER OFFICE, SCOTLAND.*

5 JAS IT was found by Inquisition, that Thomas Earle of Derby, tempore mortis sues, was seized of the Isle of Man, upon which came Anne Countesse Dowager of Derby, and by her Counsell, sued to have dower of the sayd Isle, to whom Brundell, chiefe Judge—es assensu Brooke, Fitzherbert, and of all other, the Counsell of the King, sayd, that this Enquiry was meerely voyd ; For that the Isle of Man, is noe parcell of the Realme of England, nor doe they use the Lawes of England, And it is like unto Turney or unto Normandy, or Gascoigne, which are meerely out of the Chancery of England, which is the place and noe other, to endow the Widdow of the King’s Tenant ; But ye Isle of Wight, is made parcell of the County of Southampton, And Wales, and Ireland, be parceils of the Realme of England. And a writ of Error of Judgemt given there erroniously, lyeth here in England, but for such an Erronious Judgemt given in Man, Gascoigne or Calice, noe writ of error lyeth in England ; For they be noe parcell of the Realme of England.

Judge Coke hath set forth this Case out of the Reports of Bellaway, Surveyor of the Court of Wards, Anno 11, H. 8. And is fol. 20. And this Case being read at the Councill Table to all the Lords, it gave full satisfaction to the whole Board, That the Admiralty of England had not to doe, in the ports of Man, but that the Earle of Derby is Lord of Man, and Admirall of that Isle.

[ ENDORSED.]

Noe Inquisition post mortem or writ of error out of England lyes for the Isle of Man, because noe parcell of the Realme of England, otherw. ‘tis in the Case of Ireland, Wales, or Isle of Wight.

* Vol. 27, Art. 38.


 

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