[Note 20 from Manx Soc Vol 12 ]
Ferdinand, the eighth Lord of Man, on his decease left issue three daughters,-Anne, of the age of thirteen, afterwards wife of Grey Bridges, Lord Chandoys; Frances, of the age of eleven, afterwards wife of Sir John Egerton; and Elizabeth, of the age of seven, afterwards wife of Henry, Earl of Huntingdon; there being no male issue. (Seacome 64.) A question was raised between these daughters as heirs general, and William, the sixth Earl of Derby, as brother and heir male of the deceased Ferdinand, as to the right to the Island. Queen Elizabeth, pending the settlement of the dispute, took possession of the Island,-the following being her Order for the assumption of such possession, and appointing Sir Thomas Garrett or Gerrard (afterwards Lord Gerrard,) Governor or Captain. (Liber Cancellar. 1595, No. 34.)
Elizabeth R : By the Queene.
Trusty and wellbeloved we greete you well. Forasmuch as synce the death of Randulph Stanley, appoynted Captaine of the Isle of Man by our Cosen Fferdinando, the late Earle of Derby deceassed, the said Isle hath remained without a Captaine, whereby the place is unprovyded of some superior person above the rest, to command such forces as are appointed for the resysting of any sodanne attempt by the enemies, the same place having bene longe shott att, (as by dyvers advrtisements is dayly confirmed) : And where in regard of the questyon yet undetermyned betweene the Earle that now is, and the heires generall of his brother yt is uncertaine by well of them the Capten should be appoynted, We have thought fitt for avoyding any prejudice to that place by such default, to take the care and proteccon of the same untill the matter may be decyded to well of them the right, doth appertaine, wch will easylie appeare after some convenyent tyme, that an exact perusall may be made of the evidences. We therefore having good experience of the valour and fidelity of this gent our servant Sr Thoms Garrett Knight, and knowing that he is fittest in regard of his habitacon in those partes, upon all occasions to comand any forces or succours, wch might he sent by us at any tyme, in case of extremytie to defend the same ; Wee have comanded him to make his speedy repaire to that Island, and there upon conference had with you to consider and putt in execution what is fitt to be done for the better securitie of the place, the rather for that Wee are informed that the forces are but meanely provyded, either of necessaries or souldiers of any experyence to defend it with ; being fitt in all places of such consequence, specially at these times, to be duely reformed, and being that well doth concerne us in honor and you in yor safeties of lyves and fortunes, We have thought yt our parte to comand you and every of you to be assistance to our said servant, and both to advise with him and to followe his dyreccon, whose experience and discreccon we knowe to be such as he will no way move you to any thinge unnecessarie or inconvenient, neither will in any sort offer to disturbe or inovate the civil government of the contry and people, nor any way seek to wrest their usuall constytucons propper and belong. ing to the same: but with all love and kyndness there remaine under us as other Captens have done under the former Earles, until the tytle he so determyned, as by the parties to whom the right apperteyneth, some other course may be taken : In consideration whereof, we do assure ourselves of that obedience and conformytie in you and every of yon, tovarde this gent now appoynted Capten, wch agreeth with yor prsent duties, and may confirme yor former love and loyalty to us, for wch We ever have esteemed you, and will take no lesse regard of your weldoing than those that lyve daylie neerer us, wherein you may approve and comfort yorselves at all tomes in spyte of any proude or vaine boastes of our enemies, for whose malicious and vaine attempts we have bene ever to their own shame and confusion sufficiently provyded. Given under our Signet at our Manor of Greenwiche the first day of August in the xxxvijth year of our reigne, 1595.
To our trustie and welbeloved the Receyvers, Comptroller, Demsters, and other the Officers in the Island of Mann.
It is probable that Queen Elizabeth took the charge of the Island at the instance of Earl William, and of Alice, the widow of the late Earl Ferdinand, on behalf of her three infant daughters, as on the same day and from the same place, they issued to the Officers in the Island the following letters. (Liber Cancellar. 1595, No. 36.)
After our very harty commendacons : Forasmuch as by the death of Ferdynando the late Erle of Derby, the beloved brother of me the present Erle, and dearest husband of me the Countesse, there is some questyon risen to whom the possesson of that Island of Mann in right is descended, whether to me his brother, or to the heires genrall of my husband so deceassed, by reason of wch incerteinty the Island hath remayned for a longe tyme unprovyded of a Captains; And seeing it hath pleased Her Most Excellent Mate our gra. cious Sovereigne, to vouchsafe in the meane tyme in regard of hir pryncely care of that Island and people, to spare a servant of her own, Sr Thomas Garrett, Knight, a gent of good reputacon and experience, and borne neere those partes, to repair thither for the hetter safetie and government of that place, and hath for that purpose written her owne pryncely letter unto you that have the charge of the Isle : Althoughe we are not so ill advised, as to doubt of your ready and obedient conformitie to Her Maties pleasure,whose authoritie is absolute over us all, yet could we nott forbeare for further demonstracon of our duties and thankefulnes to Her Mase for this great favour, to requyre and charge you by all the interest that any of us or oures either have or can have in yor loves and duties, that you do so conforme yorselves to this gent during his residence amongst you, as that he may neither fynd you backeward or froward in anything wherein he shall advise or direct you for the good of the Isle, nor yet her Matie have cause to repent her of this Her gracious proceeding wth you, for which both we and you are iufynitely bounden unto her. And thus referring the rest to her Maties letters by which you are to be wholly directed, we commit you to God's proteccon. From the Court att Greenwiche the first of August, 1595.
Yor very loving and assured friends,
WILL: DERBY. AL: DERBY.
To our very loving friendes the Receyvers, Comptroller,
Deemsters, and other the Officers in the Island of Mann.
In the following year Peter Legh, Esq., was appointed Governor or Deputy-Governor of the Island, during the absence of Sir Thomas Gerrard, by the following letters, issued on behalf of the Queen by Sir Thomas Egerton, Knight, Lord Keeper; Thomas Sackville, Lord Buckhurst, Lord High Treasurer; and Lord Hunsdon, Lord Chamberlain of the Household. (Liber Scaccar. 1596, No. 27.)
After our hartie comendacons, Whereas yt pleased her Matie, to signifie her pleasure by ' her l'res hearing date at Grenewich the first of August 1595, that forasmuch as since the death of Randulph Stanley late Capn of the Isle of Man, the sayd Isle hath remayned wthout a Capn, whereby the place being unprovyded of some superior person, to comand such forces as are appointed for resisting any sodeyn attemptes by the enemye, the same having beene longe shott at, her Mighties, as well in her princelie care to prevent such dangers, as also in regard of the question not yet determined between the Earle that nowe is, and the Heires generall of his brother, (to well of them in right the nominating, and appointing of the sayd Capn should appertayne,) thought good in her wisdom, to take proteccon of the Isle untill the controversie might be decyded, to well of them the true right belonged: And thereuppon for the good experience of the valor and fidellitie of her servant Sr Thomas Gerrard, Knight, (as fittest in regard to his habitacon in these partes as for divers other good respectes,) her Mate comanded him to make his speedie repayre to that Island, and to take the charge and Captenshipp thereof upon him : And forasmach as Sr Thomas being nowe otherwise imployed in Her Highnes service, is enforced for a tyme to be absent from his charge there: Wee have thought good to lett you and"stand that for the good report Her Matte hath received of yor worthiness and sufficiencie to execute the same place, being her sworne servant, and one, in whom she doth repose a speciall trust, her Highnes hath comanded us to signife unto you that Her pleasure is, you doe putt yorself in order wth all convenient speede to repayre to the said Isle, and there to remain as Capn and Governor, for and during the absence of the sayd Sr Thomas Gerrard, doing and performinge all thinges wch to the sayd office of Capteinshipp belongeth, as fidlie on as amplie as the sayd Sr Thoms Garrard might or should leave done, yf he himself had there still continued and remeyned present : And to the entent you maye the litter performe and discharge the sagd oiica, Her Manes pleasure is, that you do publish thees our fres to all the officers and inhabitants of the said Isle, whom Her Mat expreselie comandeth that they doe offer and accomplishe all doe obedience unto you, thus appointed the Capn thereof during Sr Thom Gerrard's absence in all dutifull and loyall course as apperteyneth. And see not doubting but you will have care to accomplish this Her Mat pleasure : we doe bid you farewell. From the Court the 3rd of July 1596.
Yor verie loving friends
THO: EGERTON, C S.
T. BUCKHURST.
HUNSDON.To our very loving friend Mr Peter Legh, Esquier, be thees &c.
Her Majesty referred the contention to Lord Keeper Egerton, to several Lords of the Council, to Popham, Chief Justice of England, Anderson, Chief Justice of the Common Pleas, and Peryam, Chief Baron, who after hearing counsel on both sides in 1598, came to the following decision. (4 Coke's Institutes, App. No. 2 to these Notes.)
1.-That the Isle of Man was an ancient kingdom of itself, and no part of the Kingdom of England.
2.-They affirmed a case reported by Kelw. anno 11, Henry VIII. to be Law. An office was found that Thomas Earl of Derby [2d Earl] at the time of his death was seized of the Isle of Man in fee, whereupon the Countess his wife moved by her Counsel to have her Dower in the Chancery, but it was resolved by Brudnell, Brooke, and Fitzh., Justices, and all the King's Counsel, that the Office was merely void, because the Isle of Man was no part of the realm of England, nor was governed by the Laws of the land, but was like to Tourny in Normandy, or Gascoign in France, when they were in the King of England's hands, which were merely out of the power of the Chancery: which was the place to endow the Widow of the King. It was resolved by them that the Statute of West. 2 De donis conditionalibus, nor of 27 H, 8 of Uses, nor the Statutes of 32 or 34 H. 8 of Wills, nor any other general Act of Parliament did extend to the Isle of Man for the cause aforesaid, but by special name an Act of Parliament may extend to it.
3.-It was resolved, that seeing no office could be found to entitle the King to the forfeiture of treason, that the King might grant by Commission under the Great Seal to seize the same into the King's hands, &c., which being done and returned of record, is sufficient to bring it into the King's seisin and possession, and into charge, &c.
4.-That the King might grant the same under the Great Seal, because he cannot grant it in any other manner. And herewith agreeth divers Grants under the Great Seal, of this Isle, viz. 4 Junii, 8 E. 1., Rex E. 1. concesit Waltero de Huntercombe, ~c. Rex E. 2. coneessit Petro de Gaveston, cfc. 1 Maii, 5 E. 2., Gilberto Mafiaskill, and in the same year grants Henrico de Bella monte Insulam prcedictam cum omni Dominio et Justitia regali pro termino vitae, &c.
5.-It was resolved that a fee simple in this Isle passing by the letters patent to Sir John Stanley and his Heirs, is descendible to his heirs according to the course of the Common Law, for a Grant itself by letters patent is warranted by the Common Law in this case, and therefore if there be no other impediment, the Isle in this case shall descend to the Heirs general, and not to the Heir male, as the grand Seigniors and Cannots in Wales were impleadable at the Common Law, but the Lands holden of them by the Customs of Wales, &c., which resolutions we have thought good to report; because they are the best directions that we have found, both in these and for the like cases.
The third resolution refers to the defect in the grants to Sir John Stanley I. in 1405 and 1406, by reason of the non-attainder of the Earl of Northumberland, the former King of the Island, when the grants were made. (See Notes on § 11, in which Notes see also the Commission for the seizure of the Island referred to.)
The effect of the resolutions, so far as they affect the title to the Island, appears to be:-That the grant of 1406 by Henry IV., although made after the commission of treason by the Earl of Northumberland, the former Lord of the Island, and after its seizure by the King, was not legal,-the King having no power to make the grant before the actual attainder of the Earl; that no grant having been made since the actual attainder, the right was in Queen Elizabeth; that by the Common Law of England it was competent for the Sovereign of England to grant the Island under the Great Seal; but that whatever right Sir John Stanley I. took under the grant of 1406, the grant being by letters patent under the Great Seal of England, such right would descend according to the Common Law of England to the heirs general, and not to the heirs male. The decision therefore (irrespective of the original defect, which from its pure technicality was one of which it is not to be presumed the Crown would have taken advantage,) was adverse to Earl William.
The Island continued in possession of Queen Elizabeth until her decease on the 24th March, 1603, and thereupon the Government was administered in the name of her successor King James I.
The following extracts from the records shew that he appointed Mr. Ireland as Governor :-(Liber Scaccarius, 1609, No. 31.) "Inquisition at Castle Rushen, the 3rd May, 1609, before John Ireland, Esq., Governor of the Isle of Man under His Majesty," &c (Ibid, No. 45.) "Exchequer Court holden at Castletown, within the Chapple there, the 20th of June, 1609, before John Ireland, Esquior, Govrnor of this Isle under the King's Matte, by force of His Highnes L'res Patente under the Great Seale of England, directed unto him the sayd John Ireland, Esquier, and John Birchall, Gentleman, jointly and severallie," &c. (Ibid, No. 57.) Gaol Delivery, 11th July, 1609, " before John Ireland, Esq., Govr of this Isle by force of His Majesty's Letters Patent."
It is probable that the Island continued in the possession of the Crown of England, in order to enable Earl William and his nieces to effect an arrangement; and that such arrangement was postponed until the whole of the nieces were of full age. The youngest of them, the Countess of Huntingdon, attained her majority about 1609.
King James I., by letters patent under the Great Seal of England, dated the 14th August, 1607, at the petition of the Earl of Derby, the Earl of Huntingdon and wife, Lord Chandoys and wife, and Sir John Egerton and wife, granted to Henry, Earl of Northampton, and Robert, Earl of Salisbury, the Island, Castle, Pele, and Lordship of Man, and all the Islands and Lordships to the same appertaining, and all and singular the Royal Regalities, Franchises, Liberties, and all other the Rights, Profits, and Commodities thereunto belonging, (except all those Houses. Sites, Circuits, and Precincts, formerly the Monastery and Priory of Rushen and Douglas, and the Friars Minors, commonly called the Gray Friars of Brimaken, otherwise Bymaken, and the Rectories and Churches of Kirk Christ in Shelciingye and Kirk Lonen, formerly to the Monastery of Rushon belonging and appertaining, and parcel of the possession of the same, with their Rights, Members, and Appurtenances therein more particularly described,) to be had and holden by them the Earles of Northampton and Salisbury, Their Heirs and Assigns, of the King, his Heirs and Successors for ever, by the Liege Homage, and by the service of rendering two falcons on the days of their coronation. (See Preamble to the Revesting Act, 5 Goo. III., cap. 26, in Note on § 28.)
This grant, made at the instance of the disputants in the Derby family, was also made for their benefit so far as related to the profits of the Island, as appears by a warrant, dated the 10th May, 1608, from tile grantees the Earls of Salisbury and Northampton, to Lord Gerrard formerly Governor of the Island, as to the collection of the revenues, from which the following extracts are made. (Liber Cancell. 1608, No. 21.)
To all to whom these psnts shall come, The right honorable Robt Earle of Salisburie lord high Treasurer of England, principal) secretarie to tile King's most excellent Matie, mr of his highness Court of wardes and lyveries, knight of the most noble order of the Garter, and one of the lords of his mats most honorable privye counsell, and the right honorable Henrie, Earl of :Northampton, lord privet' seale, lord warden of the Cinque portes, knight of the noble order of tile Garter, and one other of the lords of his mats most honorable privy counsell : send greeting : That whereas the King's most excellent mate, in and by his highness Fres patente under the great seale of England, bearing date at Westminster the ffourteenth daie August. in the year of his highness reign of England, Scotland, Ffraunce, and Ireland, (that is to say. of England, Ffraunce, and Ireland the fyfthe, and of Scotland the one and fforteth), did grant unto the said Robt Earle of Salisburie, and Henrie Earle of Northampton, by the names of Robt Earle of Salisburie and Henrie Earle of Northampton, the Isle, Castle, Peels, and Dominion of Mann, and all Islands and Segniories to the same Isle appertaining, and furthermore his highness did grant in and by the said l'res patente unto the said Earles all and everie the rents, revenues, yssues, and proffitts of the said Island, Castle, Peele, and Dominion of Mann, and of all Islands to the same belonging, or of any p'te or p'cell thereof before then not payd unto the late Queene Elizabeth or to his matte, without any accompt or other thing to be rendered, paid, or done for the same; and further, as by the sayd l'res patente maie more at large appeare, w'ch sayd l'res patente albeit they were made unto the sayd Earles of Salisburie and Northampton, yet were the same made at the humble petition of William Earl of Derby, and the right honorable Henrie Earl of Hunttington, and Elizabeth his wief, Gray Bridges Lord Chandoys, and rinne his wief, John Egerton, knight, sovne and beine male appa'nt of the right honorable Thomas Lord Ellesmere, Lord Chancellor of England, and Ffrances wief of the sayd Sir John Egerton; and upon special trust reposed in the sayd Earles of Salisburie and Northampton by the said Willm Earle of Derby and the sayd Lady Anne, Ffrances, and Elizabeth, to weete, that the one half and full moytie of the sayd Isle and other the premises should be to and for the use of the sayd Earle of Derbie ; and for the other moytie should be to the use of the sayd Ladyes Anne, Ffraunces, and Elizabeth, &c.-Knows ye us therefore the sayd Earles of Salisburie and Northampton, in pformance of ye sayd agreements and truste in us reposed, to have aurthoriszed and requested, and by this our p'tee commission doe aurthorisze and requeste, the right honorable Thomas Gerrard, knight, Lord Gerrard, to take, receive, and collect, or cause to be taken, received, and collected of all and everie the receivers, controller, water baylieffe, and officers of the sagd Island, and all other that have received or are owing any of the rents, revenues, yssues or other pfntts whatsoever of the sayd Island synte the ffeaste daie of Sainte Michaell the Archangell, w'ch which was in the y care of our Lord one thousand fyve hundred ninety seaven, all and evere such some and somes of monie, rents, revenues, yssues, pffrtts, and pquisites whatsoever in any wise due, payable, or accrewed sythenne the sayd ffeaste of Sainte Michael) the Archangel), in the year of our Lord one thousand five hundred synetie seaven aforesaid; and the same at and uppon the adventure of tile sayd Earle of Derby, Earle of Hunttington, Lord Chandoys, and Sir John Egerton to transport, send, ur bring over out of the sagd Island and the same to deliver in the Countie of Lancaster unto such p'son and p'sons as the said Earle of Derby Earle of Huntingtton, Lord Chandoys and Sir John Egerton shall appoint, to be sent and conveyed to us the said Earles of Salisbury and Northampton, to London, with what convenient speede maie be, and by us to be payd over unto or to the use of the said Earle of Derby, Earle of.Hunttington, Lord Chandoys and Sir John Egerton, according to their p'tes and purporte aforesaid, &c.
In witness whereof, we the sayd Earles of Salisburie and Northampton have hereunto put our hands and scales. Gyven the tenth daie of 14laye, in the yeare of the reigne of our sayd Sovraigne Lord James, by the Grace of God King of England, Scotland, Ffraunce, and Ireland the sixte, and of Scotland the one and fforteth.
SALISBURY. NORTHAMPTON.
By deed dated the 14th February, 1609, the three daughters of Earl Ferdinand and their husbands, in consideration of divers sums of money paid to them by Earl William for their claim, right, and title in the Isle, agreed to give their consent for the passing of an Act of Parliament for the giving and extinguishing such right, title, and interest against the heirs of Earl Ferdinand and against Thomas Ireland, Esquire, his executors, administrators, and assigns. (See Act of Parliament 7 James I. post.) What the rights in the Island of Mr. Ireland were I have not discovered.
By Indenture enrolled of record, made the 18th June, 1609, between King James I. of the one part, and the Earls of Salisbury and Northampton, the Earl of Derby, the Earl of Huntingdon and wife, Lord Chandoys and wife, and Sir John Egerton and wife, of the other part, the parties of the second part, (except the Earl of Derby by whom the deed was not executed or acknowledged of record,) gave, granted, bargained, sold, surrendered, and confirmed to the King, his heirs and successors for ever, the Island and all the rights mentioned in the letters patent of the 14th August, 1607. (See Preamble to the Revesting Act, 5 Geo. III., cap. 26, in Note on § 28.)
King James I. by letters patent under the Great Seal of England, dated the 28th June, 1609, demised, granted, and to farm let to Robert, Reign of Earl of Salisbury, and Thomas, Earl of Suffolk, the Island (except the Monastery and Priory of Rushen and Douglas, the Friars Minors of Brimaken, and the rectories and and Suffolk. churches of Kirk Christ in Shelden and Kirk Lonan,) to be holden by them, their executors and assigns, from the Feast of Saint Michael the Archangel, (29th September 1608,) for the term of twenty one years, under the yearly rent of twenty shillings. This grant or lease is very fully recited in the letters patent of the 7th July, 1609, granting the Island to Earl William. The object of making the lease is not expressed, but it is manifest from the manner in which it is recited in the letters patent, from its being made but nine days previously, and from the circumstance of its following so quickly the agreement of the 14th February, 1609, and the indenture of the 18th June, 1609, that it was intended for the benefit of Earl William and his family. It is not likely that the grant to the Earls of Northampton and Salisbury, which was for the benefit of Earl William and his nieces, would have been relinquished except in view of a new grant being made in favour of Earl William, who had agreed with his nieces as to their interests.
The Earls of Salisbury and Suffolk exercised the sovereign rights in the Island for at least two years, as the records of the Island shew. ,(Lib. Scaccarius, 1609, No. 77.) " A Court of Exchequer holden at the Castle Rushen, the 11th of September, A° D' 1609, for and in the name of the Right Honble Lord Robt Earle of Salisbury, Lord High Treasurer of .England, and Thomas, Earl of Suffolk, Lord High Chamberlaine of England, before John Ireland, Esquier, Livetenante and Capten under the sayd Honrable Earles, and before," &c. In Lib. Scac., 1610, No. 35, is a Petition addressed to " the Right Worshippfull John Ireland and Richard Hooper, Esquyres, Commissioners for the Right Honourable Lord Robert, Earle of Salisbury, Lord High Treasurer of England, and Thomas, Earle of Suffolk, Lord Chamberlayne of His Maiestie's Houshould, now interested in the states of this Isle of Man." (Lib. Cancellar. 1611, No. 13.) Feb. 25, 1610 [1610/11], John Ireland, Esquier, Livetennte and Capten of this Isle of Manne, under the Right Honable Lord Rob, Earle of Salisbury, Lord High Treasurer of England, and Thoms, Earle of Suffolke, Lord Chamberlaine of His Mate Houshold, comp` against Thoms Barrie, of Castletowne, wthin the sayd Isle in an accon of the case to valewe of one thousand pounds, for that he hath slandered and defamed him in these words-'he hath taken all that I had from me, and he can doe noe more."'
On the 1st April, 1609, King James I. by letters patent under the Great Seal of England, confirmed the right of the inhabitants of the Island to transfer at their pleasure their estates real and personal, and the laws of the Island in relation to the transfer of property, and made other provision in that behalf. It sets out with declaring the right of the King to ordain laws in countries " acquired" or " conquered by the force of arms." The Island had certainly been acquired by the Crown of England, but not conquered by force of arms. The question as to how far it was a conquest at all has been considered in the Notes on § 11. In King James, the Island was an acquisition simply by reason of his being the heir of Queen Elizabeth, who had taken possession in consequence of the dispute as to the succession on the death of Ferdinand, Earl of Derby, it being afterwards decided that the right was in the Crown, on account of the informality in the grant by King Henry IV. to Sir John Stanley. At the date of the grant to the people, the Island was held by the Earls of Salisbury and Northampton, under the grant of the 14th August, 1607; but the King had not by such grant been divested of his rights as Lord Paramount, and it is apprehended that subject to the right of the Earls of Salisbury and Northampton, the grant would operate so as to control the future grants of the Island. The following is a copy of this very important grant, furnished to me by Mark H. Quayle, Esq., Clerk of the Rolls:
The 39th part of the Patents, in ye 7th year of the Reign of King James. The Kings Grant to his People and Subjects of the Isle of Man.
To all whom, &c. The King sends Greeting. Whereas by our Royal Prerogative and the Laws and Customs of our Kingdom of England, it wholly appertains to us from the fulness of our power, at our free will and Royal pleasure, from time to time, to make, declare, and ordain in all such Territories, Countries,and Places which have been acquired or conquered by the force of our arms, such Ordinances and Laws which all our Subjects residing in those parts and have lands of inheritance or goods or chattells there may use, enjoy, hold, and be obliged to observe. Know ye therefore, that we by the force of our Royal authority, of our special grace, certain knowledge, and mere motion, have ordained, constituted, and established a firm and perpetual Law, and do grant to all our Subjects and other Persons whatsoever, living and residing, and who may have any inheritance in possession, and right, and goods, and chattles in our said Island, or any part thereof belonging or which now do or hereafter may belong to them, That they and every of them may for the future transfer, alien, grant, and demise as well the whole Island or any part thereof, and also all and whatsoever lands of inheritance, free tenements, rights, goods, and chattles they or any of them may have within the Island aforesaid or the seas adjoining the same, by their Deed or Instrument sealed and delivered under their seal; and that such grant, alienation, or demise shall be good, firm, valid, and effectual in Law, according to the tenor of the said Deed or Writing, without any other delivery of seivin or acknowledgment of a Notary Pablick intervening, or any other ceremony, solemnity, or form of right for that purpose to be further used or required, (any Law, Custom, Statute, or Ordinance of our Kingdom of England or the Isle of Man afforesaid notwithstanding.) And further by virtue of our Royal pleasure, and of our especial grace, certain knowledge, and mere motion, We do ordain, constitute, and establish a perpetual and firm Law by these presents, and do give and grant to all and singular our subjects whatsoever and to all and every other person residing and who have any inheritance, possession, and right in our said Island of Man afforesaid, and also to all and every our subjects to whom the inheritance of the said Island afforesaid or any part thereof or any other estate of and in the Island aforesaid or any part thereof do or may belong. That in case the Person in whom the Inheritance of the Island afforesaid or any part thereof, or any other estate of or in the Island afforesaid or any part thereof, or any inheritance, fee simple, possession, or right within ye said Island, or sea adjoyning thereto shall descend, or in any other manner come to a woman being a Feme Covert, every such woman may and shall be able to transfer, alien, grant, or demise such her inheritance, estate, or right by Deed signed as well by her as her husband, under their seals, and acknowledged in our Court of Chancery in England, (notwithstanding any Law, Statute, Custom, or Ordinance of our Kingdom of England, or any Law or Custom of the said Island of Man to the contrary thereof.) And we do nevertheless will, grant, and declare that any Laws and Customs in our Isle afforesaid had and used for transferring, alienating, or granting of their inheritance or possessions shall be and remain in full force, and no way weakened by this our Odinance and Constitution of such Laws and Customs, but that any alienation, grant, or demise may be made agreeable as well to the form of the Laws in the said Island heretofore had and used, as by the form of these presents of new added, ordained, and constituted. In Testimony whereof, &c. At Westminster, first day of April. By Writ of our Privy Seal, &c.
The Agreement made between Earl William and his nieces and their husbands as to the sovereignty of the Island, received the sanction of King James I., who by letters patent under the Great Seal of England, dated the 7th July, 1609, granted the Island to Earl William and Elizabeth his Countess, for and during the terms of their natural lives, and to the longer liver of them, and after their decease to James, Lord Stanley, (son and heir apparent of the Earl,) and his heirs for ever, to be holden of the King and his successors by homage and allegiance, and by the service of presenting to them on the days of their coronation two falcons. The following is the grant:
The Twenty-first Part of Patents in the Seventh Year of the Reign of King James. The King to whom, &c., greeting. Whereas we by our letters patent, under our Great Seal of England, bearing date at Westminster the Twenty-eighth day of June, in the Seventh year of our reign of England, France, and Ireland, and of Scotland the Fortysecond, for the considerations therein expressed and contained, have given, granted, and demised to our well-beloved and faithful cousin and counsellor Robert, Earl of Salisbury, our Treasurer of England, and Thomas Earl of Suffolk, Chamberlain of our Houshold, all that Isle, Castle, Peel, and Lordship of Man, with all their rights, members, and appurtenances, and all our Isles, Lordships, Peels, Castles, monasteries, abbys, priorys, farms, messuages, lands, tenements, and hereditaments whatsoever to the said Isle of Man belonging or appertaining, or in or near the same situate, lying, or being, with all and singular its rights, members, and appurtenances, and also all and singular our royalties, regalities, franchises, liberties, ports of the sea, and all things to ports properly and of right belonging, lands heretofore overflowed by the water of the sea, and which have since been gained from the sea and reduced to dry ground, lands which are not overflowed by the water of the sea, and which shall hereafter be gained and reduced to dry ground, homages, failties, knights' fees, wardships, marriages, reliefs, escheates, forfeitures, goods and chattels strayed, goods and chattels of felons, as well of themselves as of all other felons, fugitives, persons attainted, condemned and put in exigent, and outlawed, deodands, services as of free as customary tenants, works of tenants, estovers, courts leet, view of frankpledge, courts baron, courts admiral, courts portmote, leet, hundred, wapentake, and all fees, perquisites, and profits of courts leet, view of frankpledge, courts baron, courts admiral, courts portmote and leet, and all other things which do belong or hereafter can or ought to appertain to courts leet, view of frankpledge, courts baron, courts admiral, and courts portmote, wrecks of the sea, mines of lead and iron, quarries, fairs, tolls, markets, customes and imposts, free customes, rights, jurisdictions, franchises, priviledges, manors, villages, towns, castles, granges, messuages, houses, edifices, milns, barns, stables, dovebouses, gardens, orchards, crofts, cottages; courts, lands, tenements, meadows, pastures, feedings, demesne lands, glebe lands, leasaws, writ.,, with furze and heath moors, marshes, waste grounds, paths, easements, woods, underwoods and woodlands, and trees whatsoever, and the soil and ground of such woods, underwoods and trees, and our tythes and the tythes of sheaf corn and grain, and of hay, wool, flax, hemp, and lambs, and all other tythes whatsoever, as well great as small, and also rectories, advowsons, donations, and right of patronage of all and singular hospitals, churches, vicarages, chappels, and all other ecclesiastical benefices whatsoever, and also oblations, obventions, fruits, profits; waters, watercourses, streams, and pools of water, suit, sokën, and grist of miles, and also all and singular forests, parks, chases, lawns, warms, asserts, purprestures, and tolls payable for passing through the same, fishing,, fishing places, rents, pensions, portions, free folding,, and turborys, pools, ponds, ways, passages, commons, rents, reversions, and services, rents charge, rents seek, rents of assize, and rents and services, as well of the free as the customary tenants, work of tenants, annual rents of farms, fee farm rents, annuities, herriots, fines and amercoments, tolls and freedom of toll, anchorage,, groundage, profits, commoditys, advantages, emoluments, hereditameata, and appurtenances whatsoever, as well spiritual as temporal, with all their appurtenances whatsoever, of what sort, nature, or kind soever, or by whatsoever names or name they are known, esteemed, called, or distinguished; situate, lying, or being, coming, growing, renewing, or arising in or within the said Isle, Castle, Peel, and Lordship of Mann- or within the sea to the said Isle belonging and adjacent, or in or within any other Isles, Lordships, Peels, Castles, farms, or lands to the said Isle of Mann, or to the same or ally of them belonging, incident, adjoining, or appertaining, or at any time heretofore had, known, accepted, occupied, used, demised, taken, or reputed as member, part, or parcel of the said Isles,Castles, Peels, Lordships, lands, tenements or any other the premises, or any of them, or any part or parcel thereof; and the patronage of the bishoprick of the said Isle of Man, and the patronage of the bishoprick of Sodor, and the patronage of the bishoprick of Soder and Mann, and also the temporalties of the said bishoprick of the Isle of Mann, and the bishoprick of Soder, and the bishoprick of Sodor and Mann, as often as it shall happen that the said bishopricks become vacant; and our reversion and reversions, remainder and remainders whatsoever of all and singular the aforesaid Isles, Castles, Peels, Lordships, patronages of bishopricks, rectories, parks, farms, granges, messuages, lands, tenements, and hereditaments whatsoever, and other the premises herein before by these presents granted, or any other parcel dependant or belonging from, in, or upon any gift or gifts, demise or demises, grant or grants, for any term or terms of life or lives or years, or in fee tail, or otherwise concerning the premises by these presents before granted, or concerning any other parcel in anywise entered upon record or remaining of record; and also all and singular rents, revenues, services, and profile whatsoever, reserved upon any gifts, demises, or grants soever of the premises herein before by these presentgranted, or of any parcel thereof howsoever entered upon record, or remaining of record, (except and always reserved to us, our heirs and successors, all those our houses, ,cites, circuits, and precincts, formerly belonging to the Monastery and Priory of Rushen and Douglas, and the Fryers Minor, commonly called the Gray Fryers of Brimaken, otherwise Bimaken, with all their appurtenances in the said Isle of Mann, and all other our rectories and churches of Kirk Christ in Shedding, and Kirk Lovan, with all their appurtenances in the Isle of Mann aforesaid, formerly belonging to the Monastery of Rushen, and parcel of the possessions thereof, with all our houses, edifices, barns, stables, dove-houses, orchards, gardens, pools and ponds of water, lands, ground and soil, and all their appurtenances within the said ,cite, circuit, and precinct of the said late monastery and priory, or either of them, or any parcel of them; and also all and singular our messuages, milns, grauges, houses, edifices, buildings, crofts, cottages, lands, tenements, meadows, pastures, feedings, commons, waste lands covered with furze and heath, moors, marshes, waters, water courses, streams of water and the banks thereof, pools, ponds, fishing, fishing places, rents, reversions, and services; and also the tythes of sheaf corn and grain, and of hay and all other our tythes whatsoever, as well great as small, and all oblations, obventions, fruits, profits, commoditys, advantages, emoluments, and bereditaments whatsoever, as well spiritual as temporal, with all their appurtenances in the said Isle of Mann, which to the said late Monastery and Priory of Rushen and Douglas, and Fryers Minor of Brimaken, otherwise Bimaken, and the rectorys of Kirk Christ in Shelding, or Kirk Lovan, or either of them, or any parcel of them, in anywise belonging or appertaining, or had, known, excepted, used, demised; left, or reputed to be as member, part, or parcel of the said late Monasteries, Priorys, rectorys, or any of them, heretofore held for or under the annual rent of one hundred and one pounds fifteen shillings and eleven pence, with their appurtenances, and all manner of woods, underwoods, wardships, marriages, mines, and quaries, within the premises before excepted, and the reversion and reversions of all and singular the premises before excepted ; and all manner of rents reserved and to be reserved to us, our heirs and successors, from and out of the said premises before excepted, and every part and parcel thereof,) to have and to hold the said Isle, Castle, Peel, and Lordship of Mann, and all Islands and Lordships to the said Isle of Alarm belonging, and also all and singular royalties, regalities, franchises, liberties, ports of the sea, and every thing to ports properly and of right belonging, homages, failtys, wardships, marriages, reliefs, escheats, forfeitures, goods and chattels strayed, goods and chattels of felons, as well of themselves as all other felons, fugitives, and outlaws, attainted, condemned, and put in exigent and outlawed, courts baron, view of frankpledge, leet, hundred, wapentake, wrecks of the sea, mines of lead and iron, quaries, fairs, markets, free - customes, messuages, houses, edifices, lands, tenements, meadows, pastures, feedings, woods, underwoods, forests, chases, parks, lawns, varens, asserts, purprestures, tolls, fisherys, moors, marshes, turborys, waters, pools, ponds, ways, passages, and commons, and all other profits, commodities, emoluments, hereditaments, and appurtenances whatsoever, situate, lying, and being within the said Isle, Castle, Peel, and Lordship of Mann, or within the sea to the said Isle belonging and adjoining, or within any other Islands, and Lordships to the said Isle of Mann, or to the said Isle, Castle, Peel, or Lordship of Mann in anywise belonging or appertaining : And the patronage of the bishoprick of the said Isle of Mann, and the patronage of the bishoprick of Soder, and the patronage of the bishoprick of Sodor and Mann, as often as it ,ball happen that the said bishoprick, be vacant, and also knights' fees, advowsons, and patronages of hospitals, churches, vicarages, chappels, and all other ecclesiastical benefices whatsoever, within the said Isle and Lordship of Mann, or within any other Isles or Lordships to the said Isle of Mann belonging, and to the said Isle, Castle, Peel, and Lordship of Mann appertaining, and all and singular other the premises herein before mentioned, to be in and by the said letters patent demised and granted, with their and every of their rights, members, and appurtenances, (except as in the said letters patent are excepted,) to the said Robert, Earl of Salisbury, and Thomas, Earl of Suffolk, their executors and assigns, from the Feast of St. Michael the Archangel last past before the date of these presents, to the end and term, and for the term of twenty-one years from thence next ensuing, and fully to be complete yielding thereout yearly to us, our heirs and successors, out of and for the said Isle, Castle, Peel, and Lordship of Mann, and other the said premises with their appurtenances, twenty shillings of lawful money of England, as by the said letters patent doth more fully and at large appear. Know ye that we for diverse good causes and considerations, us to these presents especially moving, out of our special favour, certain knowledge, and mere motion, have given and granted, and by these presents for ourself, our heirs and successors, do give and grant, unto our well-beloved and most faithful cousin William, Earl of Derby, and Elizabeth, his Countess, and James Stanley, Lord Stanley, son and heir apparent of the said Earl, all that Island, Castle, Peel, and Lordship of Mann, and all the aforesaid islands and lordships to the said Isle of Mann belonging, and also all and singular royalties, regalitys, franchises, liberties, ports of the sea, and all things to ports properly and of right belonging, homages, failtys, wardships, marriages, reliefs, escheats, forfeitures, goods and chattels estrayed, goods and chattels of felons, as well of themselves as of other felons, fugitives, outlaws, attaiuted, condemned, and put in exigent, and outhawed, courts baron, view of frankpledge, feet, hundred, wapentake, wrecks of the sea, mines of lead and iron, quaries, fairs, markets, free cnstomes, messuages, houses, edifices, lands, tenements, meadows, pastures, feedings, woods, underwoods, forests, chaces, par's;, lawns, warens, asserts, purprestures, tolls, fisheries, moors, marshes, turberys, water,, pools, ponds, ways, passages, and commons, and all other profits, commodities, emoluments, hereditaments, and appurtenances whatsoever, situate, lying, or being within the said Isle, Castle, Peel, and Lordship of Mann, and within the sea to the said Isle belonging and adjacent, or within any other isles and lordships to the said Isle of Mann in any. wise appertaining or belonging ; and the patronage of the bishoprick of the said Isle of Mann, and the patronage of the bishoprick of Sodor, and the patronage of the bishoprick of Soder and Mann, and also the temporalities of tile bishoprick of the said Isle of Man, and the bishoprick of Sodor, and the bishoprick of Sodor and Mann, as often as it shall happen that the said bishopricks be vacant, and also all knights' fees, advowsons, and the patronage to all hospitals, churches, vicarages, chappels, and other ecclesiastical benefices whatsoever, within the said Isle and Lordship of Mann, or within any other Isles and Lordships to the said Isle of Mann belonging, or to the to the said Isle, Castle, Peel, and Lordship of Mann appertaining, and all and singular other the premises in the said letters patent before mentioned to be demised and granted, with all their rights, members, and appurtenances, (except and always reserved to us, our heirs and successors, all those our houses, scites, circuits, and precincts, formerly to the Monastery and Priory of Rushen and Douglas, and the Fryers Minor, commonly called the Gray Fryers of Brimaken otherwise Bimaken, with all their appurtenances, in the said Isle of Mann, and all those our rectories and churches of Kirk Christ in Shelding, and Kirk Lovan, with all their appurtenances in the said Isle of Mann, formerly to the said Monastery of Rushen belonging and appertaining, and parcell of the ancient possessions thereof, with all our houses, edifices, barns, stables, dove-houses, orchards, gardens, waters, ponds, pools, lands, grounds, and soil, with all their appurtenances within tile scites, circuits, and:precincts of the said late Monastery and Priory, or, either of them, or any parcell thereof, and also all and singular messuages, milus, granges, houses, edifices, buildings, crofts, cottages, lands, tenements, meadows, pastures, feedings, commons, wastes covered with furze and heath, moors, marshes, waters, watercourses, streams, banks, pools, ponds, fisheries, fishing places, rents, reversions, and services: And also the tyths of sheaf corn and grain, and of hay, and other our tyths whatsoever, as well great as small, and our oblations, obventions, fruits, profits, commoditys, advantages, emoluments, and hereditaments whatsoever, as well spiritual as temporal, with all their appurtenances in the said Isle of Mann, which formerly to the said monastery and priory of Rushen and Douglas, and Friers Minor of Brimaken otherwise Bimaken, and rectorys of Kirk Christ in Shelding and Kirk Lovan, or any of them, or to any parcel of them in anywise belonging or appertaining, or as member, part, or parcel of the said late monastery and priory, rectorys, or any of them, heretofore used for or under the annual rent of one hundred and one pounds fifteen shillings and eleven pence, held, known, excepted, used, left, demised, or reputed, with all their appurtenances, and all manner of woods, underwoods, wardships, marriages, mines, quarys of the premises before excepted, and also the reversion and reversions of all and singular the premises before excepted, and all manner of rents, to us, our heirs and successors reserved and to be reserved out of and from the premises before excepted, and every part and parcel thereof. And further out of our gracious and special favour, and out of our certain knowledge and mere motion have given and granted, and by these presents for ourselves, our heirs and successors, do give and grant to the said William Earl of Derby and Elizabeth his Countess, and James Stanley Lord Stanley, son and heir apparent of the said earl, their heirs and assigns, that they the said Earl of Derby and Elizabeth his Countess, and James Stanley. Lord Stanley, son and heir apparent of the said Earl, and the heirs and assigns of the said James, may for ever hereafter have, hold, and enjoy, and shall have, hold, and enjoy the said Isle, Castle, Peel, and Lordship of Man, and all and every and singular other the premises . hereinbefore by these presents granted, and every parcel thereof, and all and singular such other and the like courts loot, view of frankpledge, courts portmote, courts admiral, and all other things, which to view of frankpledge, courts admiral, and courts portmote can or ought to appertain or belong, assizes and assize of bread, wine and beer, goods and chattels estrayed, goods and chattels of felons and fugitives, felons of themselves, of clergy, convicted or attainted of treason, or misprision of treason, murder, and felony, or any other offence done or committed contrary to the law and custom of our kingdom of England, or those who will not answer, or out of malice stand mute, or will not stand judgment to be pronounced upon their offence, or any other kind of conviction or damages, deodands, knights' fees, wardships, marriages, reliefs, escheats, berriots, forests, chaces, free warens, parks, free parks, wrecks of the sea, anchorages, and groundages, and all and other rights, royalties, regalities, jurisdictions, franchises, liberties, customes, privileges, profits, commoditys, advantages, emoluments, and hereditaments whatsoever, as well spiritual as temporal, or what kind or nature soever, and in so full, free, entire, ample manner and form, as William Lescrope knight, Henry Percy Earl of Northumberland, John Stanley knight, or any of them, or any other person or persons, the said Isle, Castle, Peel, and Lordship of Mann, and all Islands, Lordships, Peels, Castles, farms, messuages, lands, and hereditaments whatsoever, in or within tile said Island, Peel, or Lordship, or any of them, or within the seas to the said Isle belonging and adjacent, or to the said Isle of Mann belonging and appertaining, and all and singular other the premises hereinbefore by these presents granted, or any parcell thereof heretofore held, possessed, or seized, or any parcell having, possessing, or being seized thereof, ever had or ought to have held, used, or enjoyed in the said Isle, Castle, Peel, and Lordship, farms, messuages, lands, and hereditaments, and other the premises hereinbefore by these presents granted, or any part or parcell thereof, by reason or by virtue of any charter, gift, grant or confirmation, or any letters patent by us, or by any of our progenitors or predecessors, Kings and Queens of England, or at any time heretofore had, done, granted, or confirmed, or by reason or by virtue of any Act or Acts of Parliaments, or by reason or by virtue of any lawful prescription, use or custom heretofore had or used, or by any other manner, right, or title in us, and in as full, free, and ample manner and form, as we or any of our progenitors or predecessors, Kings and Queens of England, the said Isle, Castle, Peel, and Lordship of Mann, farms, messuages, lands, tenements, and hereditaments, and all and singular other the premises hereinbefore by these presents granted, or any part or parcell thereof, ever h; d or ought to have or enjoy; to have and to hold the said Isle, Castle, Peel, and Lordship of Mann, and all islands and lordships to the said Isle of Mann belonging, and also all and singular royalties, regalities, franchises, ports of the sea, and all things to ports properly and of right belonging, homages, failtys, wardships, marriages, reliefs, escheats, forfeitures, goods and chattles estrayed, goods and chattles of felons, as well of themselves as other felons, fugitives, outlaws attainted, condemned and put in exigent and outlawed, courts baron, view of frankpledge, leet, and hundred, courts admiral, portmote, wapentake, wrecks of the sea, mines of lead and iron, quarys, fairs, markets, free customs, messuages, houses, edifices, lands, tenements, meadows, pastures, feedings, woods, underwoods, forrests, chases, parks, lawns, varens, asserts, purprestures, tolls, fisheries, moors, marshes, turbergs, waters, pooles, ponds, ways, passages, and commons, and all other profits, commoditys, emoluments, heredita. ments, and appurtenances whatsoever, situate, lying, or being within the said Isle, Castle, Peel, and Lordship of Mann, and the sea to the said Isle belonging and adjacent, or within any other Isles and Lordships to the said Isle of Mann belonging, or to the said Isle, Castle, Peel, and Lordship of Mann in anywise belonging or appertaining, and the patronage of tile bishoprick of the said Isle of Mann, and the patronage of the bishoprick of Sodor, and the patronage of the bishoprick of Sodor and Mann, and also the temporalities of the bishoprick of the said Isle of Mann, and the bishoprick of Seder, and tile bishoprick of Sodor and Mann, as often as it shall happen that the same bishopricks become vacant ; and also all knights' fees, advowsons, and patronage of hospitals, churches, vicarages, chappels, and all other ecclesiastical benefices whatsoever within the said Isle and Lordship of Mann, or within any other Islands and Lordships to the said Isle of Mann belonging, or to the said Isle, Castle, Peel, and Lordship of Mann appertaining, and all and singular other the premises, (except as before excepted,) unto tile said William Earl of Derby, and Elizabeth his Countess, for and during the temus of their natural lives, and the longer liver of them, and after their decease to the said James Stanley Lord Stanley, and the heirs of the said James, to the sole and proper use and behoof of the said William Earl of Derby, and the said Elizabeth, for the term of tile life of them, and the longer liver of them, and after their decease to the use and beboof of the said James Lord Stanley and his heirs for ever, to hold the said Isle, Castle, Peel, and Lordship of Mann, and all Islands and Lordships to the said Isle of Mann belonging, and also all and singular the premises hereinbefore by these presents granted, with all their rights, members, and appurtenances, of as, our heirs and successors for ever, by homage and allegiance, and by the service of presenting to us two falcons for once only; to wit, immediately after the making of their homage, and presenting to our heirs, Kings of England, two falcons upon the days of the coronation of them our heirs, for and in lieu of all other services, customes, and demands : And further, out of our gracious and special favour, certain knowledge and mere motion, have granted for ourselves, our heirs and successors, to the said James Stanley Lord Stanley, his heirs and assigns, that they and every of them shall be for ever free, quiet, discharged, and exonerated, so far as relates to the said Isle, and all and singular other the premises before granted of and from all guardianships during the minority of any of his heirs, marriages, or the value of marriages, freedoms, livery and seizen, reliefs and all other rights, titles, claims, and demands of us, our heirs and successors, (except as before excepted,) by reason of the tenure of the said Isle; and other the premises to us, our heirs and successors, by these presents reserved or by reason of tenure by knight service in capite, or of any other lands, tenements, or hereditaments, which to them or any of them shall hereafter descend or come; And we will and grant for ourselves, our heirs and successors, to the said James Stanley Lord Stanley, his heirs and assigns, that whenever it shall happen that the said James Stanley Lord Stanley, shall dye with or without heirs or assigns, or in case his heir or heirs shall be of full age or under age, then the same heir or heirs shall immediately after the death of the said James Stanley Lord Stanley, and after the death of the heirs or assigns, or after the death of the heirs or assigns of such heirs or assigns, from time to time for ever, shall succeed ; to wit, whoever, immediately after the death of him, her, or them, to whom by right of inheritance, or by any other manner, shall succeed to the said Isle, Castle, Peel, and Lordship of Mann, with the appurtenances and all Islands and Lordships to the said Isle of Mann appertaining or belonging, and in all and singular other the premises here. inbefore by these presents granted, with all the appurtenances, (except as before excepted,) shall successively enter, and the same peaceably have, possess, and hold to them, their heirs and assigns, of us, our heirs and successors, and against us, our heirs and successors, by homage allegiance, and the said service of presenting two falcons on the said days of coronation only, for and in lieu of all other services, customes, and demands whatsoever, without any seizure or sequestration thereof into the hands of us or our heirs, or by any livery general or special, or by any seizin or first had reliefs thence to be prosecuted, done, or had by reason of the said homage, or upon account of any other castle, manour, messuages, lands, tenements, or hereditaments whatsoever, which the said James Stanley Lord Stanley, or his heir or heirs or assigns, or any of them, now hold, hath or have held, or which they shall for the future hold of us or our heirs by military service, in capite or otherwise, or by reason of the minority of them, or any of them, or without any other profits, commoditys, compositions, exactions, customes, or demands, by us or our heirs, from him the said James Stanley Lord Stanley, his heir or heirs or assigns, to be required, taken, imposed, demanded, or challenged for ever: And further, out of our gracious and special favour, certain knowledge and mere motion, we do will and grant to the said James Stanley Lord Stanley, his heirs and assigns, that we or our heirs shall not have, exact, take, nor receive, nor that we nor our beirs shall not nor will have exact, take, or receive marriage, or the value of marriages, of and from the heir or heirs of the said James Stanley Lord Stanley, or of the heir or heirs, assignee or assigns of him or any other person or persons who shall be seized of the said Isle, Castle, Peel, Lordship, and other the premises or any of them, by reason, virtue, colour, or tytle of the said Isle, Castle, Peel, Lordship, homage, rent, or other the premises or any part or parcell thereof: Know ye further, That we out of our gracious and special favour, have given and granted, and for us, our heirs and successors, do give and grant unto the said William, Earl of Derby, Elizabeth his countess, and James Stanley Lord Stanley, their heirs and assigns all and all manner of rents, arrearages of rent, dues, revenues, and annual profits of the said isle, Castle, Peel, and Lordship of Mann, and all other islands and lordships to the said Isle of Mann belonging, and of all and singular other the premises, with the appurtenances, or any parcel of the same, (except as before excepted,) due or unpaid to our late dearly loved sister Elizabeth Queen of England, or any of our progenitor or progenitors, or to ourself, to hold to them without any other composition or any thing further to be done, paid, or performed to us: And further, out of our gracious and special favour, certain knowledge, and mere motion, we do by these presents will and grant for us, our heirs and successors, to the said William Earl of Derby, and Elizabeth his countess, and James Stanley Lord Stanley, that these our letters patent, or an enrollment thereof, shall, upon all occasions, be firm, valid, good, sufficient, and effectual in law, and shall stand and be accepted, reputed; and adjudged good, perfect, firm, valid, and effectual in law, for and against us, our heirs and successors, as well in all our courts as otherwise wheresoever, without any other confirmation, licence, or tolleration, from us our heirs or successors, for ever hereafter, by the said William Earl of Derby, and Elizabeth his countess, and James Stanley Lord Stanley, or any of them, their or any of their heirs or assigns, to be procured or obtained, notwithstanding any misnomer or error in reciting or not naming the said Isle, Castle, Peel, and Lordship of Mann and other the premises, or any parcell thereof; and notwithstanding there not having been, or any office or inquisition found of the premises. or any parcell thereof, by which our title ought to be found before the passing of these our letters patent ; and notwithstanding any error in the reciting or misnaming, or not reciting any demise or grant of the premises or any parcell thereof made and remaining on record or not of record ; and notwithstanding any error in naming or not naming any vill, hamlet, parish, place, or county in which the said premises or any parcell thereof do lye or be, and notwithstanding full, true, and certain mention be not made of the names of the tenants, farmers, or occupiers of the said Isle, Castle, Peel, and Lordship, and other the premises or any parcell thereof, and notwithstanding any other defect in the ascertaining, computation, or declaration, or omission of the true yearly value of the premises, or any part thereof, or the yearly reserved rent of the said premises or any parcell thereof in these our letters patent ; and notwithstanding any other defect, attornment, or seizin, or in not naming or misnomer of any tenant, farmer, or occupier of the premises or any parcell thereof; and notwithstanding the naming, wrong recital, or not reciting in whose possession the said premises or any parcell thereof have been ; and notwithstanding our true state and title in and unto the pre. , mises, or any part thereof, are not in these presents fully expressed; and notwithstanding the Act of Parliament made in the first year of the reign of our progenitor Henry the Fourth, late King of England; and notwithstanding an Act made in the eighteenth year of the reign of our predecessor Henry the Sixth, late King of England ; and notwithstanding any other defect in not naming or not properly naming the Isle, Castle; Peel, and Lordship of Mann aforesaid, and other the premises, or any parcell thereof, or in not naming or not properly naming the nature, kind, species, quantity, or quality of the premsses or any parcell thereof: We will also and by these presents grant to the said William Earl of Derby, and Elizabeth his Countess, and James Stanley Lord Stanley, that they may and shall have these our letters patent in a proper manner, made and sealed under our Great Seal of England, without fine or fee, great or small, to be rendered, paid, or done to us in our Hanaper or elsewhere, for our use, because there is not express mention made or appears in any statute, act, ordinance, provision, proclamation, or restriction of the true value or of any other value or certainty of the premises or any part thereof, or any other gifts or grants by us or any of our progenitors aforesaid, to the said William Earl of Derby, and Elizabeth his Countess, and James Stanley Lord Stanley, or any of them, before this time, or for any other cause, matter, or thing whatsoever, in anywise notwithstanding. In witness whereof, &c., T. R. at Westminster, the seventh day of July.
By writ under the Privy Seal, &c. (See 3 Oliver's Monumenta 99)
The possessions of the Monastery of Rushen, (situate in the Parish of Malew, in the Sheading of Rushen,) the Priory of Douglas, (commonly called the Nunnery, situate near the Town of Douglas, in the Parish of Braddan,) and the Friary, (situate in the Parish of Arbory,) are excepted from this Grant in like manner as they had been excepted in the Grants to the Earls of Northampton and Salisbury in 1607, and to the Earls of Salisbury and Suffolk in 1609. It may be useful here to make a digression on the subject of these religious houses.
The Monastery or Abbey of Rushen was founded by King Olave I. in A.D. 1134. " This same year King Olave gave to Ivon, abbot of Furness, a part of his land in Mann, to found an Abbey in the Place called Russin." (Chronicon Manniae, 1 Oliver's Monumenta 146.) The abbey so founded was dependent upon the Abbey of Furness ; but such dependence I presume existed only in matters of patronage and discipline, as the temporalities appear to have been vested in the Abbot of Rushen, who was raised to the dignity of a Baron of the Island, which dignity was also conferred on the Abbot of Furness. By the ancient law of the Isle all barons were bound to render homage to the King or Lord, or they forfeited their temporalities (Mills' Statutes 8). ' I cannot discover that the Abbot or Convent of Furness exercised or had any rights over the Abbey of Rushen or its temporalities, beyond those of patronage and jurisdiction. If there were any right as regarded the temporalities of Rushen Abbey vested in the Abbot of Furness it could have been merely a kind of legal estate under King Olave's grant, in trust for the Abbot and Monks of Rushen. The monks of Rushen were of the Cistercian order, as were those of the mother monastery of Furness.
The Prioress of the Priory or Nunnery at Douglas was a of Douglas. baroness of the Isle, and was bound to do fealty to the Lord, in like manner as the barons, for her barony. (Mills' Statutes 8.) I have not found any satisfactory account of the origin of this priory. It is sometimes mentioned as being in connexion with Rushen Abbey; but all accounts respecting it are very meagre,-indeed it is not known for a certainty with what temporalities it was endowed, though it is very probable that the lands known as the Abbey Lands of Braddan belonged to the Nunnery, as sometimes the Sergeant of such lands was designated Sergeant of the Priory Lands of Braddan. The manor of the Priory has been supposed to have merged in that of Rushen Abbey, and that what are now designated " Abbey Lands," and are treated as one manor, included the former separate manors of the Abbey and Priory.
The Friary of Bymaken is said to have been founded in 1373, in consequence of a petition presented to Pope Urban V. from the Priors and friars of the Order of Friars Minor in Ireland, and William de Montacute Earl of Salisbury, and King of the Isle in 1367, stating that in the Diocese of Sodor there was no place for the use of the Order, and that the Earl proposed to assign a place for their use in the village of St. Columba (Kirk Arbory) in such diocese, and of the Pope's authority for the Order to receive the proposed place if fit and proper. The lands given to the Order did not form a separate manor, but were part of the lands of the manor of Man, which was held by the Lord, and to him was payable in respect of the lands an annual chief rent of 20s. The following is the entry relating to these lands in the oldest book of the manor, (1505):-" Paroch. St. Columb. Bymaken. Redd. cujus quartum Terr. ibm occupat per Fres minor ad XXs. per ann." The Prior of the Friary was not a baron of the Isle. It is sometimes alleged that the Friary was made dependent on Rushen Abbey, but this is extremely doubtful, and more especially as the friars were Franciscans, whereas the monks of the Abbey were Cistercians.
It is worthy of remark that no exception was made in the grants of the Island at this period as to the Baronies of Bangor and Saball and St. Trinion, which on the dissolution of the religious houses in Ireland and Scotland to which they respectively belonged, were seized on behalf of the Crown of England, and were never possessed by the Derby family under the grant last mentioned.
It has been alleged that the Manx religious houses were dissolved and vested in the Crown of England, by virtue of an Act of Parliament, 27 Henry VIII. cap. 28. (Mills' Statutes 526, and Preamble of Revesting Act. See notes § 28.) " An Act that all religious houses under the yearly revenue of Two hundred pounds shall be dissolved and given to the King and Ids Heirs," by which it is enacted (Sec. 1)
That His Majesty shall have and enjoy to him and his heirs for ever, all and singular such monasteries, priories, and other religious houses o£ monks, canons, and nuns, of what kinds of diversities of habits, rules, or orders soever they be called or named, which have not in lands, tenements, rents, tithes, portions, and other hereditaments above the clear yearly value of two hundred pounds. And in like manner shall have and enjoy all the sites and circuits of every such religious houses, and all and singular the manors, granges, meases, lands, tenements, rents, reversions, services, tithes, pensions, portions, churches, chapels, advowsons, patronages, annuities, rights, entries, conditions, and other hereditaments appertaining or belonging to every such monastery, priory, or other religious house, not having as is aforesaid above the clear yearly value of two hundred pounds, in as large and ample manner as the abbots, priors, abbesses, prioresses, and other governors of such monasteries, priories, and other religious houses now have or ought to have the same in the right of their houses. And that also his Highness shall have to him and to his heirs all and singular such monasteries, abbies, and priories which at any time within one year next before the making of this Act hath been given and granted to his Majesty by any abbot, prior, abbess, or prioress, under their convent seals, or that otherwise hath been suppressed or dissolved, and all and singular the manors, lands, tenements, rents, services, reversions, tithes, pensions, portions, churches, chapels, advowsons, patronages, rights, entries, conditions, and all other interests and hereditameuts to the same monasteries, abbeys, and priories or any of them appertaining or belonging ; to have and to hold all and singular the premises, with all their rights, profits, jurisdictions, and commodities, unto the King's Majesty and his heirs and assigns for ever, to do and use therewith his and their own wills, to the pleasure of Almighty God, and to the honour and profit of this realm.
This Act, however, did not authorize the suppression of the Manx religious houses, as even were it competent for the Parliament to legislate in respect of property within the Island, the Act has no reference in it to the Isle of Man, and according to English jurists an Act of Parliament does not extend to it, unless it be particularly named therein. (1 Black. Com. 105.).
It is probable that the following Act of Surrender, dated the 9th April, 1537, on the part of the Abbot and Convent of Furness may have afforded a pretext for the claim of King Henry VIII. to the Abbey of Rushen ; but it was a mere pretext, as the King could not take from the Convent of Furness-if they had any right to give at all, which is most questionable-a greater right or power than they possessed; and certainly they had no right or power to suppress Rushen Abbey and appropriate its property. The Act of Surrender and an English translation are given in West's Antiquities of Furness, App. No. X. (7) and p. 110. (See also 3 Oliver's Monumenta 220). The translation is here given:
To all Christian people to whom these presents shall come, I, Roger, by divine providence abbot of the monastery of St. Mary of Furness, in the county of Lancaster, and the convent of the said monastery, send greeting.
Know ye, that we the said abbot and convent, by our unanimous and full assent and consent, divers special considerations moving us interiorly thereto, as also for the use and defence of this kingdom, and for the good and safe government of these extreme parts of the said kingdom, have freely given granted and into the hands of our Lord Henry VIII, now King of England and France, defender of the faith, and Lord of Ireland, and on earth supreme head of the Church of England, surrendered up to our said Lord Henry VIII, King of England, our Monastery of Furness aforesaid ; as also the site and foundation of the same, and all goods and chattels, jewels and church ornaments belonging to the said monastery, and all dues, actions, and other things whatsoever, appertaining, be. longing, or due to us, or any of us, or to the said monastery, and also all manner of demesnes, castles, manors, lands, tenements, advowsons of churches and chantries, knights' fees, rents, reversions, liberties, and services; with all and all manner of our inheritances in Yorkshire, Lancashire, or elsewhere, within the kingdom of England, in Ireland, or in the Isle of Man ; to have and to hold all and singular the said monastery, demesnes, castles, manors, lands, tenements, advowsons of churches and chantries, with knights' fees, rents, reversions, liberties, and services, and all other our hereditaments and premises whatsoever to our said Lord the King and his heirs, Kings of England, for ever, iii augmentation and increase of the honour of his Royal Majesty, and of his heirs, Kings of England, and for the use and defence of this kingdom against its enemies and rebels. And moreover we will and desire, and unanimously give full consent, and grant by these presents that this present Act may be inrolled as well in the Court of the Chancery of the Duchy of Lancaster, of our said Lord the King, and in his own Court held before his Justices in the County of Lancaster, as in the Court of Chancery of the said Lord the King held at Westminster, in the County of Middlesex, before the said Lord the King, and before his Justices there.
In witness whereof we have of our unanimous and full assent and consent to these presents affixed our common seal. Given in our Chapter-house of the said monastery, the ninth day of April, in the twenty-eighth year of our said Lord the King, and in the year of our Lord and Saviour Jesus Christ, one thousand five hundred and thirty-seven. By me, ROGER, Abbot of Furness.
By me, BRIAND GARNER, Prior. (and twenty-eight Monks.) Sealed and delivered in the presence of us, the day and year above specified, ROBERT SUSSEX, RYc. HOGHTON. ANTONY FITZHERBERT, JOHN BYRON, THOMAS BOLETER, JOHN CLAYDON, Priest, THOMAS LANGTON, MARMADUC TUNSTALL.
The legality of this and of like transactions being very doubtful, an Act of Parliament, 31 Henry VIII, cap. 13, "An Act for the Dissolution of all Monasteries and Abbies," was passed in 1539, by Section 1 of which it was enacted
That the King our Sovereign Lord shall have, hold, possess, and enjoy to him, his heirs and successors for ever, all and singular such late monasteries, abbathies, priories, nunneries, colleges, hospitals, houses of friars, and other religious and ecclesiastical houses and places of what kinds, natures, qualities, or diversities of habits, rules, professions, or orders they or any of them were named, known, or called, which sith the said fourth day of February, the twenty-seventh year of the reign of our said Sovereign Lord, have been dissolved, suppressed, renounced, relinquished, forfeited, given up, or by any other mean come to his Highness ; and by the same authority and in like manner shall have, hold, possess, and enjoy all the sites, circuits, precincts, manors, lordships, granges, meases, lands, tenements, meadows, pastures, rents, reversions, services, woods, tithes, pensions, portions, parsonages, appropriated vicarages, churches, chapels, advowsons, nominations, patronages, annuities, rights, interests, entries, conditions, commons, leets, courts, liberties, privileges, franchises, and other whatsoever hereditaments, which appertained or belonged to the said late monasteries, abbathies, priories, nunneries, colleges, hospitals, houses of friers, and other religious and ecclesiastical houses and places, or to any of them, in as large and ample manner and form as the late abbots, priors, abbesses, prioresses, and other ecclesiastical governors and governesses of such late monasteries, abbathies, priories, nun, neries, colleges, hospitals, houses of friers, and other religious and ecclesiastical houses and places had, held, or occupied, or of right ought to have had, holden, or occupied in the rights of their said late monasteries, abbathies, priories, nunneries, colleges, hospitals, houses of friers, or other religious and ecclesiastical houses and places, at the time of the said dissolution, suppression, renouncing, relinquishing, forfeiting, giving up, or by any other manner of mean coming o£ the same to the King's Highness sithen the fourth day of February above specified.
This Act has no reference in it to the Isle of Man, and therefore it could not confirm to the King any right supposed to be given by the surrender of the Abbot and Monks of Furness. But in any case the Surrender and Act of Parliament afford no explanation of the suppression of the Nunnery and Friary ; and in short the only conclusion to which we can come is that the Mans religious houses were suppressed or dissolved not by force of any statute or law, but simply by an act of power on the part of the Sovereign of England. (See Notes on title "Abbot," post.)
The dissolution was not completed until the reign of Queen Elizabeth; Rushen Abbey being the last monastery dissolved in these kingdoms. (West's Antiquities of Furness 96, Note.)
By Letters Patent dated the 18th March, 1565, Queen Elizabeth demised the possessions of the abbey, priory, and friary to Robert Ashton, his executors and assigns, for the term of twenty-one years from the 29th September, 1564, at the yearly rent of £101 15s. 11d.
On the surrender of the lease, the Queen by Letters Patent dated the 12th of February, 1582, demised the same possessions to Henry, Earl of Derby (Lord of Man); his executors and assigns for the term of thirty years at the like rent of 2101 15s. 11d., which demise became vested in Alice, Countess of Derby, widow of Ferdinando, Earl of Derby and Lord of Man.
On the surrender of the last mentioned demise, King James I. by Letters Patent dated the 17th March, 1606, demised the same possessions to Sir Thomas Leigh, Knight, and Thomas Spencer, Esq., their executors and assigns, for the term of forty years, at the like rent of £101 15s. 11d., but subject also to an annual increased rent of £4 4s.
Whatever defect there may have been in the title of King Henry VIII. and his successors to the property of the Manx religious houses, it is manifest that on King James I. making a new grant of the Island to Earl William, he had the right to make such reservations as pleased him. Royal mines of gold and silver were understood as reserved from the grant of the Island without being so expressed, and they were the subject of a future grant from Charles II.
It was probably considered inconvenient to have the property of the religious houses separated from the other possessions of the Lords of the Isle, and by Letters Patent under the Great Seal of England dated the 2nd May, 1610, King James I. granted the property of the abbey, priory, and friary to Earl William and Elizabeth his wife, and to the heirs of the said William for ever. The following is a translation of the Grant (made by L. Adamson, Esq., Seneschal of the Manor of Man)
James, by the grace of God, King of England, Scotland, France, and Ireland, Defender of the Faith, &c. To all to whom these present letters shall come. Know ye that we for divers good causes and considerations us to these presents specially moving, of our special grace and out of our certain knowledge and mere motion, have given and granted, and by these presents for ourselves and our heirs and successors, do give and grant to our beloved and faithful cousin William, Earl of Derby, and Elizabeth his wife, and the heirs of the said William for ever, all those houses, scites, circuits, and precincts formerly the monastery and priory of Rushing and Douglas, and the Friars Minor commonly called the Grey Friars of Brimaken, otherwise Bymaken, with all their appurtenances in the Isle of Man, and all those our rectories and churches of Kirk Christ in Shelding and Kirklovan, with all their appurtenances in the Isle of Man to the said monastery of Rushing formerly belonging and appertaining, and parcel of the possessions thereof by a particular thereof, extending to the clear annual rent or value of one hundred and one pounds fifteen shillings and eleven pence, beside sixty-four shillings by way of increase, in lieu of the price of four sheep for and towards provision for our hospitium, and of our heirs and successors, and besides forty shillings out of the possessions of the said late monastery issuing and payable annually to the Bishop of the Isle of Man and his successors for synodals and preen- rations, and besides twenty-six shillings and eight pence out of the same possessions issuing and annually payable to the Earl of Derby and his heirs for the rent of a parcel of land called Tocknaby lately in the tenure and occupation of the Abbot and Convent of the said late monastery of Rushing, and besides twenty shillings out of part of the premises issuing and annually payable to the said Earl of Derby and his heirs, for the rent of a parcel of land called Bymaken otherwise Brymaken, formerly let to the Friars of the said late priory of Brymaken otherwise Bymaken, and besides four pounds thirteen shillings and four pence out of the premises issuing, and annually allocated for the salary or stipend of a presbyter celebrating the offices in the Castle of Castletown, and besides ten shillings out of the possessions of the said late monastery or priory of Douglas issuing and payable annually for a certain pension to the Vicar of Kirkoncon, and besides six pounds out of part of the premises issuing and payable annually for the salary of a curate for celebrating the divine offices in the church of Kirkmalewe, and also besides thirty-one shillings and six pence out of the premises issuing for the fees of the bailiffs called Serjeants, viz., within the parish of St. Lupus [Malew] thirteen shillings and four pence, Lawfaba [Glenfaba] six shillings and eight pence, Soulby [Sulby in Lezayre] seven shillings and six pence, and Sinisco [in Lonan] four shillings payable annually. We have given and granted, and by these presents for ourselves our heirs and successors do give and grant to the before-named William, Earl of Derby, and Elizabeth his wife, and the heirs of the same William, all and singular the monasteries, abbies, granges, lands, tithes, tenements, and hereditaments, &c., To have, hold, and enjoy the aforesaid monasteries, priory of the Friars Minor, rectories, churches, lands, tenements, meadows, pastures, woods, underwoods and trees, courts leet, view of frankpledge, profits, commodities, advantages, emolu- ments, and hereditaments, and all and singular other the premises above expressed and specified, and by these premises granted or mentioned to be granted, with all their rights, members, and appurtenances unto the aforesaid William, Earl of Derby, and Elizabeth his wife, and the heirs of the said William, to the only proper use of the said William, Earl of Derby, and Elizabeth his wife, and the heirs of the said William for ever, To hold of us, our heirs and successors, as of our manor of East Greenwich, in our county of Kent, by fealty only, in free and common soccage, and not in capite nor by knight service, and yielding and paying annually to us, our heirs and successors, out of and for the aforesaid scites, circuits of the said late monasteries and priory of Rushing and Douglas, and of the Friars Minor commonly called the Grey Friars of Brymaken otherwise Bymaken, the churches and rectories of Kirkchrist in Shelding and Kirklovan, and all and singular other the premises above by these presents granted or mentioned to be granted, with all their appurtenances, one hundred and one pounds fifteen shillings and eleven pence of lawful English money to the receipt of our Exchequer at Westminster, our heirs and successors, or into the hands of the Bailiffs or Receiver of the premises for the time being, to be paid annually at the Feast of St. Michael the Archangel, and of the Annunciation of the Blessed Virgin Mary, by equal portions for ever, in lieu of all other rents, services, exactions, and demands whatsoever to us our heirs or successors in any way to be rendered, paid, or done: And the aforesaid William, Earl of Derby, and Elizabeth his wife, and the heirs of the said William, covenant and grant to and with us, our heirs and successors, that they the said William, Earl of Derby, and Elizabeth his wife, and the heirs of the said William, forty shillings of good and lawful money, English money, out of the possessions of the said late monastery of Rushing issuing, and to the Bishop of the Isle of Man and his successors annually payable for synodals and procurations, will pay or cause to be paid to the said Bishop and his successors, and therefrom us and our successors acquit, exonerate, and keep harmless from time to time for ever : And the said William, Earl of Derby, and Elizabeth his wife, and the heirs of the said William further covenant and grant, &c., that they and the heirs of the said William, four pounds thirteen shillings and four pence out of the premises issuing, and for the salary or stipend of a presbyter to celebrate the divine offices in the Castle of Castletown annually allowed, and ten shillings out of the possessions of the said late monastery or priory of Dougas issuing, and for a certain pension to the Vicar of Kirkconcon annually payable, and also six pounds out of part of the premises issuing, for the salary of a curate for celebrating the divine offices in the church of Kk. Malewe annually payable, and thirty-one shillings and sixpence out of the premises issuing, and for the fees of the bailiffs called Serjeants, viz., within the parish of St. Lupus thirteen shillings and four pence, Lawfaba six shillings and eight pence, Soulby seven shillings and six pence, and Sinisco four shillings payable annually, will pay or cause to be paid to the said presbyter, vicar, curate, bailiffs, and their succes- sors, and us and our successors therefrom acquit, exonerate, and keep indemnified from time to time for ever: And lastly, the said William, Earl of Derby, and Elizabeth his wife, and the heirs of the said William, covenant and grant with us, our heirs and succes- sors, by these presents, that they the said William, Earl of Derby, and Elizabeth his wife, and the heirs o£ the said William, us, our heirs and successors, from twenty-six shillings and eight pence out of the possessions of the said late monastery of Rushing issuing, and to the Earl of Derby and his heirs, for the rent of a parcel of land called Tocnaby, late in the tenure or occupation of the Abbot and Convent of the said late monastery of Rushing annually payable, and from twenty shillings out of part of the premises issuing, and to the aforesaid Earl of Derby and his heirs, for the rent of one parcel of land called Bymaken otherwise Brymaken, formerly let to the Friars of the said late Priory of Bymaken otherwise Brymaken, and payable annually, will acquit, discharge, release, exonerate, and keep indemnified from time to time for ever et ulterius, &c. Witness ourself at Westminster, the second day of May, in the year of our reign of England, France, and Ireland the eighth, and of Scotland the forty-third.
By writ under the Privy Seal.
The two grants of the 7th July, 1609, and the 2nd May, 1610, were confirmed, but with new limitations as to the succession, by Act of Parliament passed in the eighth year of the reign of King James I. (1610). The Act is referred to in the Index to the Statutes at large as No. 4 of the Private Acts 7th James I. It was passed in the session of Parliament which commenced on the 9th of February, 1609/1610, in the seventh year of King James, and which was prorogued on the 23rd July in the same year 1610. This session according to modern usage would be styled that of 7th and 8th James I. The Act must have been passed between the 2nd May, 1610, the date of the second grant (which is recited in the Act), and the end of the session, 23rd July, 1610, both of these dates being in the eighth year of the King's reign.
It will be observed that by the Letters Patent of the 7th July, 1609, the Island was granted to Earl William and Elizabeth his Countess during their lives, and to the longer liver of them, and after their decease to their son and heir apparent James Lord Stanley, and his heirs for ever, and that by the Letters Patent of the 2nd May, 1610, the possessions of the religious houses were granted to Earl William and Elizabeth his Countess and to the heirs of Earl William for ever. By the Act the premises comprised in both grants are assured to Earl William and Elizabeth his Countess, during their lives and the life of the longer liver of them; after their deaths to James Lord Stanley, their eldest son and heir apparent, and the heirs male of his body; after his death, without such issue, to Robert Stanley, second son of the Earl and Countess, and the heirs male of his bodry; after his death, without such issue, to the heirs male of the body of Earl William, and for default of such issue to the right heirs of James Lord Stanley.
The following is the Act :-
An Acte for the Assuringe and Establishinge of the Isle of Man.
In all Humblenes beseeche your most excellent Matie yor loyall and faithful subjects William Earle of Derbie, the Lady Elizabeth his wife, James Lord Stanley scone and herre apparant of the said Earls, and Robert Stanley second some of the said Earle, that whereas the said Earle and his Ancestors have for many ages past, ever since the seaventh vere of the raigne of King Henry the Fowerth, held and enioyed the Isle, Castle, Peele, and Lordshipp of Mann with all their rights, members, and appten'nes as their owns proper inheritance, and bene reputed and taken to be the true and undoubted lords and owners of the same; and forasmuch as the said Isle and Lordship of Mann hath long continued in the name and blond of the said Earle, and to the end the same may continuee still by yor Highnes princely favor and gracious allowance in his name and bloud so longe as it shall please Almightie God: Maie it please yor Matie that it may be enacted by yor Highnes with thassent of the Lords Spirituall and Temporall and the Co'mons in this prsent Parliamt assembled and by the authority of the same ; And be it enacted, ordayned, and established by yor Highnes, the Lords Spirituall and Temporall and the Co'mons in this prsent Parliamt assembled, and by the anthoritie of the same, That yr said subiects William Earle of Derbie, and the said Lady Elizabeth his wife, for and during their lyves and the longer liver of them, and after their deathes the said James Lord Stanley and the heires mates of his body lawfully begotten and to be begotten, and after his death without such issue, the raide Robert Stanley and the heires males of his body lawfully begotten and to be begotten, aud after his death without such issue, the heires males of the body of the said William Earle of Derbie lawfully begotten and to be begotten, and for default of such issue, the right heirs of the said James Lord Stanley, shall and may for ever hereafter have, hould, and quietly enjoys freely and cleerly against your Matie yor heirs and successors (for, vnder, and vpon the tenures, rents, and services hereafter menc'oned to be reserved,) against Thomas Lord Ellesmere, Lord Chancellor of England, the Ladie Alice Countess of Derbie his wife, late the wife of Ferdinando, late Earle of Derbie deceased, and against Henry Earle of Huntingdon and the Lady Elizabeth Countesse of Huntingdon his wife, Grey Lord Chandoys and the Lady Anne his wife, Sir John Egerton knight; sonne and heire male apparent of the said Thomas Lord Ellesmere and the Lady Frances his wife, and the heires of the said Elizabeth, Anne, and Frances, wch said Ladies Elizabeth, Anne, and Frances are the only daughters and sole heires of the
said Ferdinando late Earle of Derbie deceased; to web said daughters and their husbands the said William Earls of Derbie hath paid dyvers somes of money for their clayme, right, and title to the said Isle, Castle, Issele, and Lordship of Mann, as appeareth by their deed thereof made and now showed forth in yor Highnes Highe Court of Parliamt bear- ing date the fowertenth day of February, in the yeres of the raigne of yor Mage, that is to saie, of England Fraunee and Ireland the sixt, and of Scotland the two-and-fortieth, wherein and whereby they have agreed to gene their consents for the passing of an Act of P'liament for the given and extinguishing of such right, title, and interest as theie pretend to the said Isle of Mann, and against the heires of the said Ferdinando late Earle of Derbie, and against Thomas Ireland, Esquire, his executors, administrators, and assigns, all the said Isle, Castle, Peel and Lordship of Man with the rights, members, and apprtn'nes and all the now or late monastery and priory of Rushinge and Douglass, and the Fryers Mynrs, commonly called the Grey Fryars to Brimakyn als Bymakyn, and of Buery of them with their rights, members, and appurten'ncs in or within the said Isle of Mann, and the howses, scytes, circuits, and precints now or sometymes to the said monastery and priory of Rushinge and Douglass, and Fryers Mynor, euery or any of them, with all their apprten'ncs in or within the said Isle of Manne belonging, and sometymes being p'cell of the possessions thereof, and all those rectories and churches cf Kirkchriste in Shelding and Kirkelovan, with their apprten'ncs whatsoeuer in the said Isle of Manne, sometymes to the said monastery of Rushinge belonging and apperteyning, and p'cell of the possessions thereof somtymes being, and all Islands, Lordships, Peeles,. Castles, monasteries, abathies, prioryes, nunneries, manners, farms, messuages, lands, tenemta, and hereditaments whatsoeuer to the said Isle of Manne belonging, or in within the same Scituate, lying, and being, with all and singular their rights, members, and apprten'ncs, and the patronage of the bushhopprick of the said Isle of Manne, and of the bushopprick of Sodorences, and of the busbopprickes of Sodorences and Manne, and also the temporalities of the bushopprick of the said Isle of Manne, and of the bushopprick of Sodorences, and of the busshoppricks of Sodorences and Man, so often as the said bushoppricks shall happen to become voyd, and also the archdeaconries, rectories, advowsons, donacons, and rights of patronage of all and singular the hospitalls, churches, viccaridges, chappells, and all other ecclesiastical benefices, tithes as well great as small of what kinde soever, obla- c'ons, obvenc'ons, fruits, profits, penc'ons, porc'ons, emoluments, and hereditamta, with all and singular their apprten'ncs of, in, or within the said Isle, Castle, Peele, and Lordshipp of Mann and frnisses, or any of them, and all and singuler forrestes, parkes, chases, lawnds, warrens, asserts, purprstures, fishings, fishing places, royalties, regalities, fran- chesies, liberties, seaports, and all things to ports duly apperteyning, lands now or hereto- fore overflown with the water of the sea web are now gayned from the sea and reduced to dry grounds, lands web the sea now overfloweth web hereafter shall be gayned and brought to drye ground, lyinge or beinge in or neere to the said Isle of Mann, villages, towns, granges, mills, rents, services, rents of assize, rents and services as well of free as customary ten'nts, workes, deodands, fynes, amercemt-, ancorage, groundage, wrecks of the sea, knights' fees, eschaets, forfeitures, goods, and chattells, waved goods, and chattels as well of fellons of themselves as of other fellons, fugitives, outlawes attainted condempned and put in exigent, courts admiral], courts portmote, courts leets, view of frankpledge, and all forfeitures, penalties, fees, profitts, casualties, and advantages whatsoever incident happening or belonging to the said courts, mynes of lead and iron, quarries, faires, marketts, tolls, customes, free customes, imposts, profitts, emoluments, and hereditamt- what- soever, as well spirituall as temporall, of whatsoever kynde, nature, or qualitie, or by whatsoever name or names theie are knowne, esteemed, called, or named, scittuate, lying, or being, comyng, growing, renewing, or happening of, in, or within the foresaid Isle, Castle, Peele, and Lordship of Manne, or within the sea to the said Isle adiacent or belonging, or in or wthin any other Islands, Lordshippes, Manners, Castles, Peeles, farmes, or lands to the said Isle of Manne belonging and app'teyning, or in, to, or out of the same or any of them whatsoeuer or bowsoeuer incident or belonging, or as members, 'Ptes or p'cells of the same, or of any of them, or of any 'Pt or P'cell of them at any tyme heretofore had, knowne, accepted, occupied, used, enjoyed, or demised, letten, or reputed : And the reverc'on and reverc'ons, remaynder and remaynders of all and singuler the ',Rmisses and of enery- or any 'Pte thereof, and the rentes, duties, customes, and services thereunto incident, due, or appertyning, and all liberties, franchises, priviledges, jurisdicc'ons, for- feitures, depredaries, immunities, exonerac'ons, acquittalls, and hereditaments whatsoever graunted or mencioned to be graunted by yor most excellent Mage by yor Highnes seneral fres patents, the one bearing date the seaventh day of July in the yeres of yor Highnes raigne of England Fraunce and Ireland the seaventh, and of Scotland the two-and,fortietb, made to the said William Earle of Derbie, and the said Lady Elizabeth his wife, for and during their lyves and the longer lyver of them, and after their deathes to the said James Lord Stanley and his heires, thother bearing date the second day of Maye, in the yeres of your Highnes raigne of England France and Ireland the eighth, and of Scotland the three. and fortieth, made to the said William Earle of Derbie and the saide Lady Eliza- beth his wife, and the heires of the said William Earle of Derbie, to hould the said Isle, Castle, Peels, and Lordshipp of Mann, aud all and singuler the prernisses of yor Highnes, yor heires and successors respectively, and vnder the seuerall tenures, rents, and services in and by the said seuerall 1'res patents severally aud respectively reserved, web said last mencioned l'res patents were made and graunted duringe this p'sent session of Parliament.And be it further enacted by your Highnes, the Lords Spirituall and Temporall, and the Co'mons in this p'sent 'Piamt assembled, and by the authoritie of the same, That neither the said James Lord Stanley, nor any of the heires males of his body lawfully begotten or to be begotten, nor the said Robert Stanley, nor any of the heires males of his body lawfully begotten or to be begotten, nor any of the heires males of the body of the said William Earle of Derbie lawfully begotten or to be begotten, shall haue any power authoritie, or libertie to give, grantt, alien, bargaine, sell, convey, assure, or doe away the said'Isle, Castle, Peels, and Lordship of Manne, messuages, lands, ten'ts, tithes, hereditamtana other the prernisses in this Act mencioned to be enjoyed as aforesaid, or any part or p'cell thereof, from his or their issue or issues, or other persons by this Act appoynted to enjoy the same, but that the same shall remayne and continewe to the said James Lord Stanley, and the heires male of his body lawfully begotten and to be begotten, and for default of such issue to the said Robert Stanley, and to the heires males of his body lawfully begotten and to be begotten, and for default of such issue to the heires males of the body of the said William Earle of Derbie lawfullye begotten and to be be- gotten, and for default of such issue to the right heires of the said James Lord Stanley, as before by this Act is appointed, and that all gifts, grants, alienac'ons, bargaynes, sales, conveyances, assurances, and acts don or to be done or made to the contrary, shall be vtterly void, frustrate, and of none effect; Saving neverthelesse that it shall and may be lawfull for them and euery of them, to make such estates of such severall partes thereof as by the lawes and customes of the said Isle is vsuall, and to make such leases and demises of such parts and 'Pcells thereof as tevante in taile by the statute made in the two-and- thirtieth yere of the raigne of King Henry the Eight, may lawfully do within this yor Highnes realme of England.
And be it also further enacted by the authoritie aforesaid, That neither this Act nor any thing herein conteyned shall in anywise extende or be construed to avoide, frustrate, abridge, impaire, diminishe, or Viudice the state, interest, and terme of yeres of Sir Thomas Leighe Knight, and Thomas Spencer Esquier, their executors, admistators, and assigns of the messuages, lands, tenemts, tithes, profits, hereditaments, and other things in the said Isle of Manne made, demised, and graunted by yor Matte under your Highnes l'res pattents bearing date the seavententh day of Marche, in the yeres of your Highness raigne of Englande Frannce and Ireland the third, and of Scotland the nyne-and-thir- tieth, for the terme of fortie yeres ; and that the said Sir Thomas Leighe and Thomas Spencer, their executors, admistators, and assigns, and euery of them, shall and may from henceforth peaceably and quietly duringe the said terme of forty yeres have, horild, occupie, and enjoye the said messuages, lands, tents, tithes, profitts, hereditama, and other things in the said last mentioned l'res patents demised, for, vnder, and vpon such yerely rents, reservac'ons, conven'nts, provisoes, and agreements as are mentioned and expressed in the said Pres pattents, against youre Maty, youre heires and successors, and all and euery other p'son and p'sons and their heires, having or clayminge any estate, right, title, or interest vnto the said demised 'Pmisses by force and virtue of this Act.
Savinge to the Arclibushopp of Yorke and his successors all metropoliticall jurisdiction in all points and to all purposes and effects of the bushopprickes and diocesse of Manne, in the said Isle of Manne, as is geven, vnited,lymitted, and appoynted to the province and archbushoppricke of York, accordinge to an Act of Parliamt made and provided in the three-and-thirtith yere of the raigne of King Henry the Eighte, late King of England. Savinge also to all and singuler p'son and P'sons, bodies pollitique and corporate, their heires and successors, and the heires and successors of every of them, arid the executors, admistrrs, and assignees of euery of them, (other than yor Highnes, your heires and suc- cessors, and the said Thomas Lord Ellesmere arid the said Lady Alice Countesse of Derbie his wife, and the said Henry Earle of Huntingdon and the said Elizabeth Countesse his wife, Graye Lord CUandoys arid the said Lady Anne his wife, the said Se John Egerton and the Lady Frannces his wife, and the beires of the said Elizabeth, Anne, and Frannces, and the heires of the said Ferdinando late Earle of Derbie, and the said Thomas Ireland Esquier, his executors, administrators, and assigns, (the tenures, rents, and services reserved to yr Matte yor heires and successors alwaies reserved,) of such arid every and the same estate and estates, lease and leases, rights, titles, interests, rents, services, tenures, juris- dicc'ons, priviledges, liberties, possessions, reverc'ons, remaynders, annuities, penc'ons, profits, commodities, acc'ons, entres, condic'ons, claymes, and demaundes with theieor any of them now lawfully baue, or hereafter shall or may lawfully hane or clayme of, into, out of, or for the said Isle, Castle, Peele, and Lordshipp of Manne, manryors, messuages, lands, tenemts, and ymisses, or of, into, out of, or for any of them in such and the same manner and forme to all intents, construcc'ons, and purposes, as if this Øsent Act had never been had or made, this Act or anything herein conteyned to the contrary in any. wise notwithstanding, and yor said subiects according to their most bounden duties shall and will daily pray for your Highnes long, happie, and prosperous rainge over vs.
It may be both useful and interesting here to insert the following case in which a decision was made in the English Court of Chancery by Lord Hardwicke, Lord High Chancellor, as to the effect of the clauses against alienation contained in the foregoing Act.
Earl of Derby v. Duke of Athol. February 8, 1748-9.
(Yesey's Reports, vol. 1, p. 202.)On a plea to the jurisdiction it must be shown what other court has jurisdiction.
The bill was to have a discovery concerning the general title of the Isle of Man, and to have relief on a particular point of equity relating to the rectories and tithes within that Island, which equity was, that in 1667 Lord Derby granted the rectories, and tithes to the bishop and clergy there, and for the enjoyment thereof gave some lands in England as a collateral security. To introduce this equity the bill charged that although it was pretended that the bishop and clergy were evicted, yet it was by collusion between the defendant and them in order to affect the collateral security, and that the defendant made them an allowance in the mean time equivalent to the profits.
To have a discovery therefore of this matter and relief against this attempt to charge the collateral security, was the bill brought, as not being damnified with respect to the enjoyment of the tithes, &c., or if damnified it was by their own default.
The defendant pleaded in general to the jurisdiction of the court : that the Isle of Man was an ancient kingdom, not part of the realm, though belonging to the crown of Great Britain; and that no lands, &c., there ought to be tried or examined into here : demanding judgment whether he should be put to answer further.
LORD CHANCELLOR.-This comes to be of great consequence to all the courts in England. There are two general questions on this plea ; first whether the plea is good in point of form-not a trifling form, for if the objection thereto on the part of the plaintiff be right it is material to the nature of such plea? Secondly, whether good in substance? As to the first, it is objected for the plaintiff that although it is shewn in the negative and alleged that this court has no jurisdiction over the Isle of Man, and that it is not to be tried here : yet it is not shown in the affirmative, what other court has jurisdiction, or that there are any courts in the Isle of Man holding plea thereof; and the rule is insisted on that whoever pleads to the jurisdiction of one of the King's superior courts of general jurisdiction, must shew what other court has jurisdiction. I am of that opinion ; and that for want thereof the plea is bad and ought not to be allowed, if nothing more is in the case; as it is expressly laid down in 2 H. 7, 17, a, and Doctrina placitandi, 231; and agreeable to the general rule of pleas of this sort, as in the pleas of abatement, wherein it must be shown the plaintiff may have a better writ. The reason of this is, that in suing for his right a person is not to be sent everywhere to look for a jurisdiction, but must be told what other court has jurisdiction, or what other writ is proper for him; and this is a matter of which the court where the action is brought is to judge. There are not many authorities on this head, but in the old books of entries the form of pleading is so; and the opinion of Popham, C. J., in Yel. 13, and Fitz. Ab. Sit. Jurisdiction concerning Wales; and although Lord Vaughan may have denied that to be law: he was a very strong Welshman, as appears throughout his argument, in which though there is a great deal of good and useful learning, yet it never was delivered, though intended to be so. It is said to this, that the court ought in this case to take notice of what is the jurisdiction; that the matter of fact is shewn; and it is likened to the case of inferior courts ; wherein it is sufficient for the defendant to plead that the cause of action arose out ofthe jurisdiction of that court; but I cannot put. this (which is a superior court of general jurisdiction, in whose favour the presumption will be that nothing shall be intended to be out of its jurisdiction which is not shewn and alleged to be so,) upon a level with an inferior court of a limited local jurisdiction, within whose jurisdiction nothing shall be intended to be which is not alleged to be so. 1 San. 74. 1 was desirous to be informed how the pleas were in this court, which are looser than at law; and no case has been cited in which the plea to the jurisdiction of this court has not given jurisdiction to another, as to a visitor. &c. Att.-Gen. v. Talbot, March 21, 1747, and Strode v. Little, 1 Ves. 58. But the case in 2 Ves., 494, of the Isle of Sarke is very material, and comes nearest to the present case, where another jurisdiction where justice might be had, as being parcel of Guernsey was shewn. The plea therefore is not to be supported on this point.
A question concerning the right and title to the Isle of Man may be determined here.
But secondly, to consider it on the merits and substance. The general avert-Dent that no land, rectory, &c., there is examinable in this court is not true or well founded, but laid down much too large; because upon an equitable right to this Island, and both parties resident within the jurisdiction of this court, it might be determined here. The question here is to the right and title to the whole Island, which cannot be determined in the courts of Man; because that would be permitting the persons who claim the seigniory of the Isle to judge in their own case. Then there must be some court or other here to determine that right ; either this court, or the King's Bench, or the King in Council. Cases may be put in which this court and the King's Bench both have jurisdiction concerning the right to the Isle. As upon a stire facias to repeal letters patent granted of this whole Isle. It comes to this, then, that here is a question concerning the title of this whole Isle brought in judgment by this bill ; but it is a question of law, not of equity, and therefore this amounts only to a plea for want of equity; for if some court here must determine it, the question is which ? And if it was a question of equity, it would certainly be this court, although it was of a matter out of its jurisdiction, as in the case of the Isle of Sarke. So that upon a mortgage made of this Isle, and both mortgagor and mortgagee resident within the jurisdiction of this court, upon a bill concerning it, the court would bold jurisdiction of it ; for a court of equity agit in personam; and then I will never suffer a plea for want of jurisdiction in the court. But there is another point as to the rectory and tithes, which is mere matter of equity as stated in the bill ; the relief prayed against the collateral securities being burthened by this collusive damnification : and if it be so, the plaintiff may have a very proper case; but whether it is so stated as to be sufficient to entitle to relief is not necessary to determine on a plea to the jurisdiction. But supposing all this out of the case, in respect of the discovery there is no colour to plead to the jurisdiction. The Isle of Man is subject to some court in England: then the plaintiff may come here for aid to discover his title; for he may bring a general bill for discovery, without setting out his title: and upon a plea to the discovery and relief both, it may be allowed as to one and over-ruled as to the other: Then supposing the jurisdiction to be in the King in Council, (although I do not know that it has been shewn to be so,) a bill may be brought for a discovery of such title, and the court ought to give that discovery, because the King in Council cannuot do it, nor compel the defendant to answer upon oath : although in some cases the court will not lend its aid to a discovery; as not to aid the jurisdiction of an inferior court; and I have heard it said not of an ecclesiastical court. The true reason is, that it is not wanted there ; for they may compel an answer. But I will not hold the jurisdiction of the King in Council to be of such a nature, as to be below the being aided by this court to give relief to come at that discovery: as it must be determined in some court, the plaintiff is entitled tocome here to have that discovery. Supposing then the objection for want of form out of the case, I must have over-ruled it as to the whole discovery, because it was a proper matter for relief.
A plea may be allowed as to part, not so of a demurrer.
The question then comes to this: Whether ever the court divided a plea to the jurisdiction ? Of late indeed upon a bill for several matters of discovery and relief, if there be a plea to the whole bill; which is a proper bar to part, the court divides it, and lets it stand good as to part ; although upon demurrer thecourt over-ruled it wholly : but no instance that where a plea covered too much the court ever divided it.
Trin. 25 George II. In Cane. 1751, July. Bishop of Man, v. Com. Derby; and Com. Derby v. D. of Atholl.
(House of Commons Paper, No. 79, Session 1805, p. 42, see also Vesey's Reports, vol. 2, p. 337.)Ferdinando Earl of Derby, Lord of the Isle of Mann in fee; under the grant of 7th Henry 4th to his ancestor Sir John Stanley, dying without male issue about the end of Queen Elizabeth, leaving three coheiresses who laid claim to the Isle, an agreement was entered into between them and their uncle William, then Earl of Derby ; in consequence whereof he obtained letters patent, 7th James L, granting the Isle to him; and the Lady Elizabeth his wife, for their lives and that of the survivor, and after their deaths to James Lord Stanley, their son, and his heirs, together with all monasteries, advowsons, tythes, &c. ; and by a private Act of Parliament in the same year (more fully stated hereafter) it was enacted, That the said Earl and Countess; and, after their deaths, James Lord Stanley and the heirs male of his body ; and, in default thereof, Robert Stanley; the Earl and Countess's second son, and the heirs male of his body; and for default of such issue, the right heirs of James Lord Stanley should bold the same premises under an express clause restraining the grantees from alienating any part thereof from their issue, or other persons appointed by the Act to take, and all grants and conveyances to the contrary were made void.
The Earl and Countess died; James Lord Stanley, then Earl of Derby, was beheaded at Bolton Castle, for his adherence to Charles I. and If. and the premises being come to his son Charles Earl of Derby, he, by deed of the 1st of November, 1666, reciting the great poverty and distress of the clergy of the Isle, conveyed, in consideration of £1,000, for 10,000 years to the then Bishop (the famous Dr. Barrow) and Archdeacon, several rectories and impropriated tythes within the Isle, and part of his inheritance, at an annual rent of £66, and a fine of £130 every 30 years, in trust, to apply the profits for the maintenance of the clergy and erection of a free school there; and by deed the 29th of January following, conveyed the manor of Bispham and the lands of Merthop, in Lancashire, as a collateral security for the quiet enjoyment of the premises so sold and conveyed; and, in case of interruption by the Earl, or any claiming under him or his ancestors, that the Bishop, &c., should enter and hold until satisfied for their loss by such interruption. The premises were quietly held under this grant until 1735, when James Earl of Derby died without male issue; upon whose death the Duke of Atholl, as heir at law to James Lord Stanley, entered upon the Isle, and ousted the clergy of the premises granted to them by Earl Charles.
Upon this eviction the bishop and clergy brought their bill against the present Earl of Derby, a remote collateral not descended from the grantees Earl William and Earl James, for a satisfaction out of the collateral security; and the Earl of Derby brought a cross bill against the bishop and clergy, and against the Duke of Atholl, for relief against the eviction, and insisting upon his title to the whole Isle, under the last Earl of Derby's will. The Duke of Atholl pleaded to the jurisdiction of the court, but this plea was overruled the 5th of February, 1748 ; and both causes being now heard, the court proceeded to judgment.
LORD CHANCELLOR.-This case concerns the estate of a very ancient and noble family, and a great deal of ancient learning has been not improperly brought into it ; but as I intend proceeding upon plain grounds, I shall, in order to avoid further delay to the par. ties, give my opinion immediately, without entering minutely into some of those points. There are two bills brought, the first by the bishop and clergy of the Isle of Man, by reason of the eviction of the rectories and tythes by the Duke of Atholl, for a satisfaction out of the collateral security given by Charles Earl of Derby in the reign of King Charles II. The second bill is by the Earl of Derby, to be relieved as to the pretended eviction of the rectories and tythes, and setting up a title to the whole Isle, under the will of the last Earl of Derby. Several questions have arisen on both these bills, but they are in effect all drawn in upon the original bill; for if the Duke of Atholl had no right to evict the bishop and clergy of the rectories and tythes, or if the Earl of Derby has a right to the whole Isle, there is an end to the cause at once. The particular questions relate either to the relief prayed by the cross bill or the defence made to the original one; and I will consider them in their natural order,-1st,-Whetlier the Earl of Derby has a title to the whole Isle?-2dly, If he has, whether upon the cross bill, be may come into this court for possession. This I mention that I may not seem to contradict myself in respect to the determination upon the plea.
First Question.
It appears to me on the Act of Parliament and letters patent, that the Earl as devisee, First has no title to the Isle; this learning is diffusive ; I will just touch upon it, and touch upon those points whereon the decision must turn. Several things are admitted on both sides, that the Isle of Man is not parcel of the realm, but of the possessions of the Crown of Great Britain long held as feudatory, first of the King of Norway, then of the King of Scotland, and afterwards of the King of England, by liege homage ; that the law of England does not extend to it except it be the common law, so far as it is consequential to the King's grant of the Isle, or certain Acts of Parliament wherein it is expressly named. It is grantable by the great seal of England, not as parcel of the realm, but of the possessions ot' the Crown, just as the great seal operates to grant the lands in Jersey or the plantations, and so is 4lnst. 284, and 2 And. 115, so often cited in this case, where the question was on the effect of the grant; it is held by liege homage rendering two falcons to be presented to the King's heirs and successors upon the day of their coronation, which is a tenure in free socage. For though lands held by homage are presumed to be held by knight's service, as Lord Coke says, unless the contrary appears, here the contrary does appear, for the letters patent contain an express exemption from chivalry, and all military services and the consequences of them. The former tenure under the grant made by Henry IV. to the Earl of Northumberland was grand serjeantry, viz., carrying Lancaster sword at the coronation of his successors, Kings of England. Whether this service of presenting falcons may not amount to petit serjeantry, being to be performed to the person of the King at his coronation, or only to a rent service as was said at the bar, I will not affirm, but still it is of the nature of socage. From the state of the case 50 Elizabeth, 4 Inst. 289:, one would think the only question then was, whether it were a male fief or not, but by 2d And, it appears there were other questions upon a deed to uses, perhaps to the uses of a will, and afterwards a devise of the Isle by such will. The recitals in the private Act 7th James I. shew an agreement between the heirs general and heirs male, and money as a price paid by Earl William to the daughters of Earl F