Imatges de pàgina
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the Peele the 29th of October Anno Domini 1582, whose Names be hereafter subscribed, for renewing and reviewing of the said Statutes, ordered, That it shall be lawfull from henceforth for every or any Inhabitants whatsoever within the Isle of Mann, occupieing any Lands or Tenements within the said Isle to keep the same in all Winter and Summer without Prejudice, Hurt, or Gainsaying of any of his Neighbours, or other Inhabitant, making his Ditches, environing and compassing the said Ground in such lawful repair, and so keeping the same from Time to Time as the Course of Law appointeth, viz. every Ditch of the Height of four Foot and a Halfe, and in Thickness of a double Ditch, according to the antient and usual Custom of the said Isle.

And further, it is ordered in the said Court by the said Councell, that the Goodes or Cattle of any Person or Persons whatsoever making Trespass to the said Ground, being soe sufficiently ditched and kept in repair as is aforesaid, that then it shall be lawful for the Owner of the said Ground, or any of his Servants or Family, or any of them soe finding the said Cattle comitting the said Trespass within the said Ground, to drive, carry, and lead away the said Goodes or Cattle without Hurt or Harme done to the same, to the Lord his Pinfold within the Parish where the same shall be taken, appointed for that purpose, giving the true Owner sufficient Warning of the Impounding of the said Goodes, to the Intent he may relieve the same according to Order of Law, where the said Goodes shall remaine, without taking or carrying away by the said Owner, or any other for him, until such Time as the said Owner have given sufficient Pledge by way of Surety, or otherwise, as the Law appointeth in that Case, to the Keeper and Pinder of the said Pindfold, to make sufficient Amends to the Party grieved according to the Trespass done, or be answerable to the Law in that Case requireing: And further, notwithstanding the said Pledge given, the said Owner shall pay, before the Departure of the said Beast or Cattle to the said Keeper of the said Pinfold, for every Foot an Halfpenny to the Use of the said Lord according to the Order of Law; whereof the said Pinder being sworne, shall make a true Accompt in Writing from Time to Time as he shall be called upon for the same.

Itm. It is further ordered by the said Councell in the said Court, that where the Right Honourable Henry Earle

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of Derby, Lord of this Isle, hath, under his Hand, by the Advise of his Councell in England, and such of the Councell of this Isle as were then present, taken Order for the keeping of his Pastures in Severalltie, as by the said Order doth more at large appear; that all and every Person and Persons whosoever, whose Tenements, or any other Part or Parcells of Ground do adjoine, abutt, or be, lying over annends or against the Lord his Pastures or Closes, or any of them, within this Isle, shall make the Ditch and Ditches of the said Lord his Closes so farr as the said several Grounds shall extend, of their own proper Costs and Charges, of the lawfull Height and Breadth before specified, and the same shall uphold, maintaine, and keep in sufficient Repair from Time to Time, Winter and Sommer, upon pain to forfeit for every Time that the said Keeper or Keepers of the said Closes shall make true Presentment of the Default in any Court, by his solemn Oath taken upon a Book, that the said Ditches be not made and repaired according to the Limitation before specified, in whose Default the same is, the Sum of iijs. iiijd. to be levied to the Lord his Use, the said Ditches to be made before the Feast of the Purification of our Blessed Lady next ensueing the Date hereof.

Itm. Whereas divers and sundry Complaints hath from Time to Time been made, that divers and sundry Inhabitants, being evill-disposed Persons, have, and daily doe abuse the Goodes and Cattle of their Neighbours in riding, labouring, or working them without Lycence of the true Owner, nothing regarding the Hurt that thereby may ensue to the said Owner if the said Goodes shall quayle, but maintaining themselves and the noughty Fact by an unlawfull Use and inordinate Custome, worthy to be abolished and not remembered amongst civill People where Friendship and other good Government is to be imbraced: It is therefore by especial Consideracion in that Case ordered in the said Court by the said Councell, that no Person or Persons within the said Isle, of what Degree, Estate, or Condicion soever he or they be, shall after this present Court holden, take any the Goodes or Cattle of his Neighbours, or the Goodes or the Cattle of any other Man, and ride, draw, work, labour, or otherwise employ the same to his own Pleasure or Benefitt, altho' he take the said Goodes trespassing within his Ground, upon pain to forfeit to the Lord his Use for every Time so doing and offending, being duly

convicted by Information, Accion, Plaint, or otherwise, by the Averrment of two sufficient Witnesses, upon their Oathes, testifyed the said Disorder and Abuse, the Sum of three Shillings and four Pence, and otherwise to make Amends to the Party grieved, as the Extremitie of Law will awarde.

Itm. Whereas diverse and sundry the Inhabitants of this Isle, contrary to a good and laudable Order, and diverse and sundrie general Restraints made, not regarding their Duty, have, and daily do, notwithstanding the said Restrainte, buy, sell, give, grant, chap, and exchange their Farmes, Lands, Tenements, Cottages, Milns, Intackes, and other Landes whatsoever in their Holdings, at their Liberties and Pleasures, without the especiall Lycence of the Lord or his Councell of the said Isle; whereupon, and by Means whereof, diverse great Inconveniences have and do arise daily, as by the Sequele thereof appeareth, as well between Party and Party, as also to the Lord himself, making, as it were, common Merchandize of his said Lands, being but Tennants thereunto, whereby the Lord his Rents, Duties, and Customes cannott be soe well gotten, nor the antient Tennant known, but the Lord his Lands dispersed into so many severall Men's Occupations, without Knowledge given thereof, soe that the Setting Booke of Recordes are in Effect made void, by reason that the same Men, whose Names are of Record in the said Bookes, do not occupy the same Lands: It is likewise ordered in the said Court by the said Councell, that no Person or Persons whatsoever within the said Isle shall, after the said Court holden this present Day above specified, give, grant, bargain, sett, sell, or exchange any Part or Parcel of the Farm, Land, Cottages, Intackes, or Milnes, to any Person or Persons whatsoever within the said Isle, without the especiall Lycence of the Lord or his Councell in the said Isle for the Time being, or three of them at the least, whereof the Lieutenant Captaine or his Deputy to be one, and the Receiver and Comptroller to be the other two, the said Lycence to be made by the Clerk of the Rolls, and given under the Hand of the said Councell, or the said three of them above specifyed, upon Pain of Forfeiture to the Use of the Lord, by and of either of the said Parties soe buying, selling, giving, granting, chaping, or exchanging together any of the said Premises, the several Sums of iijl. of good and lawfull Money of England, to be levied upon their se

veral Goodes and Tenements without Intermission, and the Bargain to be void between the said Parties, notwithstanding the said Forfeiture. In Witness whereof, for better ratifying of the said Orders, we the said Councell present at the said Court have sett our Hands the Day and Year abovesaid.

Examined by JOHN QUAYLE, C. R.

Collected out of the Exchequer Court Book,

ANNO DOMINI 1586,

After my verie hearty Commedations; Where one Edwardson of that my Isle hath, as I am informed, found certain Gold hidden, which by the antient Lawes of that my Isle by my Prerogative of Right appertaineth unto me, as within the Compass of a few Yeares hath in Triall upon such a like Accident fallen out; forasmuch as I doubt not but your Care and Circumspection touching such like Causes as these will answer the Trust I repose in you, yet. least by any vain Surmise or sinister Suggestion my Inheritance and Prerogative might be in this Case hindered and lightly regarded, I have therefore thought good to require you fectually, and with all careful Dilligence, to observe the Circumstances here anends, and thereupon to relate and at large impart your Proceedings to the 24 Keyes of that my Isle, to whose Judgment, upon their Oathes, my Pleasure is this Matter be referred; and whatsoever they sett down, I am well pleased withall; herein I pray you use such carefull Regard as is expedient; for as my full Meaning is neither to have or demand more than by Law and good Conscience is mine own, soe may I not do myself and mine Heires that Wrong, as lightly and through Negligence to see my Prerogative impaired: And soe do bid you heartily farewell.

Your assured loving Master,

New Parke, my House,

this 28th October, 1585.

HENRY DERBY.

To my well-beloved Nephew Richard Sherburne, Esquire, Captain of my Isle of Mann;

To my Receiver, Comptroller, Water Bayliffe, Deemster, and to the rest of my Chief Officers there.

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According to the Tenor of which said Letter, we have, the 15th Day of December in the Yeare aforesaid, called together the two Deemsters, viz. John Lucas and Thomas Samsbury, and the xxiiij Keyes, whose Names hereafter follow; and as well have imparted and related unto them the said Letter, as also our Proceedings therein; which said xxiiij Keyes are, viz.

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By the Advise and Consent of the two Deemsters, as well upon Examination of the said Thomas Edwardson, as also upon good and deliberate Consideration, do say upon their Oathes in these Words: John Lucas and Thomas Samsbury, Deemsters of this Isle, with the Advise and Consent of the xxiiij Keyes for this present Cause assembled, do enact, and give for Law, that any Treasure whatsoever being found and secretly hidden under Ground, either within the House, or without in the Fields, or in the Thatch of the House, or within any covert Place, to the End to defraud the right Heyres, or for any other fraudulent Intent or Purpose, shall be the Lord's, as a Prerogative due unto his Lordship by the Lawes of this Isle.

Nevertheless be it provided, that any Man, for the Safeguard of his Goods from the Enemy, or for Fear of any other Mischance, may, without Danger of this Law, lay up his Treasure in any such Place, making either his Child, or any other Friend, privy to the same; and that any such Child or Friend may lawfully receive such Treasure soe hidden, and deliver it to the right Owner, without any Impeachment to the Lord his Prerogative, provided that the Party thus claiming be able to prove it by the Deposi tion of one sufficient witness at the least, though he be Brother, Sister, or any other Kinsman or Friend, not de

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