[From Manx Soc vols 25+28 - Blundell's History]

CHAPTER XI.

CERTAINE LAWES AND CUSTOMES CONCERNING ye CLERGY OF THE ISLE OF MAN, BOTH ANCIENT AND MODERNE.

 

THEIR lawes ecclesiasticall (as Byshop Merrick in Cambden truly relateth), next after ye cannon law, approacheth nearest to the civil law, but in execution thereof they have their particular customes, as you may here observe, wherein you may alsoe note yt ye kings and lords of Man, in ancient time, kept ye clergy in great awe and subjection.

1. They can keep no court but ye lord his deemster’s controwler and attorney must bee there present.

2. If ye byshop or any of ye abbotts doe receive any out-law after hee is outlawed (wthout ye lord’s especiall grace and pdon), hee forfeiteth his temporallityes to the lord.

3. Neither byshop, abbott, nor baron, can entertain any stranger into their houses wthout knowledge of ye lieftenant, wt they are, from whence they came, whither they goe, and wt condition they are of.

4. Noe abbott is to receive any monk to be resident, nor any priest, without ye licence of ye lord of ye Island.

5. Any yt have committed treason and taketh sanctuary, ye sanctuary shall not avayle him.

6. If any of ye holy church doe forfeit an amercemt, if ye distresse be wthin ye stepps of holy church ye lord’s officer is to goe to ye sumner, and he to deliver to ye officer sufficient distresse. If ye sumner will not so doe, ye officer him-selfe may goe in and take distress or pawne.

7. The probates of testamts and debts (by legacy) are ntried in ye spirituall court for a year and a day (taking ye time from ye death of ye testator) ; but if it be not decided wthin yt time, yt is after a year and a day is expired, the controversyes for those debts are decided in ye temporall court.

8. All legacyes are to bee paid wthin fourteen dayes after ye probate of the testament.

9. If a man remoove from one parish to another, and doe stay there three nights and three dayes, ye cock crowing thrice, and there dye, he shall pay all spirituall dutyes to ye same church he remooves unto.

10. If a woman wth child be delivered of a dead child, they ought not to pmite ye child to be buried in ye church-yard except ye mother will and doe take her oath shee hath received ye sacramt since her quickening.

11. The ecclesiasticall judges doe cite psons, and doe determine causes there wthin eight dayes, and they are to stand to his award, otherwise he hath power to imprison them. Which ye Lord Cooke expresseth thus :—Judex ecclesiasticus in hac insula, citat definit et infra octo deis parent ant carceri intruduntur. Institut., part 4, ch. 69, p. 289.

12. All causes in ye spirituall court as well as ye temporall are prosecuted and ended without one penny charge, or any expence at all. Mercator’s Atlas, and Cambden’s Brit. Isles, p. 204.

13. If any one having a child one or two years before marriage, and after he marrieth ye, woman the child is legitimated by the customary lawes.


 

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