A late 17th century description of the officers and tenure of the Isle

Overview

This manuscript is held at the Manx National Heritage Library under reference MS681C. It can be dated between 1664 (the latest date included within it) and 1703 (when a major change was made to the nature of tenure which isn't included). It contains references throughout to corresponding entries in the Court Rolls and other records. It was presumably written by an important official of the Isle of Man, most probably at the request of the Lord of Man in England. It may be somewhat subject to bias (presenting the officials in a positive light and stressing their commitment to the Lord's perogatives) but should otherwise be a reliable contemporary account produced by the best qualified person to produce one.

Transcription

The following is a mostly literal transcription of the manuscript (which is mostly easy to read). The references in the original appear in the margin. Here they are all positioned on the right. Square brackets [] are used to indicate comments. There are many abbreviations in the document (for example Governt for Government). I have not expanded these, although occasionally I use [] to indicate what the expanded word should be. As is typical of documents of the era the spelling is erratic.

[page 1]

                    A Book
                  containing

First    The Governr Officers & Deemsters Dutys
         in their Respective Offices etc

Secondly The 24 Keyes & Coronrs

Thirdly  A State & Summary of the Antient and
         present Tenures of the people of this Isle
         and the nature thereof in Brief


[page 2]

The Governr of the this Isle his Office         } Insula
and Duty.                                       } Mona

The Governr of this Isle (antiently called Lieu[tenan]t of Mann
& so stiled in the Court Rolls to this day) is comissionated
by the Lord. And it is said by an antient Law that
when he cometh thither Recd as Lieut for setting of                Statue p 2
Lands and holding of Courts or doing any other things
that concern the Governmt that all his Deeds be firm
and staple and thar whosoever offendeth him be
punished as they that offend the Lord of the Isle.

The Governt hath power to Call & set a Court of
Tynwald Impannele and swear Enquests as oft &
where pleaseth him, and no [?] Exchequer or Comon Law Court can be called without
his special Warrant first [?] forth for ye same.
In the Chancery Court he sitts and acts as Sole Chancellr.
The other officers sit there only to give him their
assistances advice & councill when he calls for the
same. And by the antient Laws of this Island it is
said that if any person or persons should treacherously             Stat p:
rise agt the Governr sitting in any Court or Tynnwald
(wherein he Represents the Lords person) he or they were to be Deemed
Traytors and to be sentenced to Death by the Deemster
without any Enquest passing upon him, to be drawn
after wild Horses and then hanged & quartered and their
heads to be smitten off, and one quarter of every such Traytor to be set
upon the Castletower over the Burn, another ar Holm=
=Town, the third at Ramsey and the fourth at
Douglas.

And by another antient Law its said Whosoever Robbs
or takes away the Governrs horse or his weapons or beats
his men in his own presenes or Robbs them of their Goods            Stat p:
or [? ?] upon him or any of the Lords Council
in his presenes is a Trayter by Law.

Also by another antient Law it is likewise said that
whosoever Constraineth the Govenr to hold a Tynwald &              
to put down the Lords preogatives is a Traytor. And                 Stat p
whosoever pleadeth Deceipt agt the Governr. That is to say
that pretendeth or preaches any evil or hurt to the prejudice
of the Lord, the Governr or Governmt is to forfeit as in            Stat 1645 p:
case of treason. 

And by a late Law it is provided that whosoever shall
accuse or speak any Scandalous words agt the Governr
touching either his oath, the state and Governmt of the Isle

[page 3]

Isle or which might tend to the Defamation of his 
Office and place and not able to prove the same                     Stat 1601
shall forfeit 10l to the Lords and his ears to be cut off           promulgated 1648
for punishment besides wch Law also extends to, and                     p:
comprehends all other officers.

And the process grantes Generally by the Governr to
summon any person before himself or to any Court                    Custom
of Judicature is only a Slate stone with the first
two letters of his name written thereupon. And if
any be found to misapply the said process or token
(as we call it) to any indirect ends otherwise than
as it was granted forfeited 3l fine to ye Lord, but by              
a later Law only 20s besides imprisonmt.                            Stat 1651

And it is provided by another antient Law that 
if any man do beat or [?] another within 24
paces of the Governr either sitting in Court or out                 Stat p:
of Court in his presence forfeiteth Body & Goods
to ye Lord and toucheth treason

I mention these antient to shew how
far the authority and Dignity of the Governt hath
formerly been exerted and altho the crimes &
offences [concerned?] in the sd Laws be not Comon or
frequent in these times yet if any such should
happen now they are to be tryed by proportionable
punisgmts as in case of fellony.

The Governr sitts in all Courts of Judicature holdon
for the Lord within the Isle hath a Superintendorey
over acts and proceedings as well in the Ecclial:
as Temporale Courts and may upon an Appeale
made unto him from any the sd Courts alter or
Reverse any order Decree or Judgmt made and
given in the sd Courts: And may fine both the
Bpp: & Archdeacon or any officer in their Courts
if they act contrary to the Law & Custome of the
Isle.

He hath also the Military Governmt invested
in him as well of the Militia as ye severall Garrisons
and hath power to place & dispace the officers
of those severale Companys as he sees occasion, and
to punish all Crimes and offences comitted by any
the sd officers according to ye martial laws of this
Isle.

[page 4]

The Receiv[e]r Gen[e]r[a]lls Office & Duty

The Receivr Genrll is another officer Comissionated
by the Lord and always one of the Lords standing
councill of ths Isle and as such sitts in the severall
Courts of Judicature holdon for the Lord as one of
these principal officers. He hath also the Charge
of the Revenue both of Land Rents & Casuale Rents
yearly payable unto the Lord and hath a Bayliff
or moar in every parish of the Isle to collect and
pay in the said Land Rents quarterly, and he is
to discharge all Sallarys & other payments out of
the same according to the Civil List or as he shall
have an allowance from the Comptroller who is to
pass & sign all Bills before he make payment of
them. And it was provided by an antient Law
that if the Receivr made any payments without                        Stat: p:
the Comptrollers allowance for any Reparations
on the Garrisons or otherwise he forfeited his fee
or Sallary, but the Rigour of the sd Law is now
extenuated and is in danger only of the disallowance
of the sd paymt when he payeth his Accounts 
at the Genrll audit.

[page 5] 

The Comptroll[e]r his Office & Duty

The Comptrollr is also another principall
officer and one of the Lords Standing Councill and
is to sit by when the Receivr Reckons with the
Bayliffs or Moars and to state the Accounts
betwixt them. he also Chargeth all other
Accomptts that hath any Branch of the Revenue
to Collect and is always one of the Audittors
to state the generale Accompts of the whole Isle
wch is returned once a year to the Lord.

Also the Comptrollr as oft as any offences are
Comitted within either of the Garrisons is to call a Jury
of the soldrs to enquire off and present the same,
And upon any capitale crime comitted there he 
is to sit as Chief Judge tho it be upon the tryale
of Life and Death.

He is also Clerk of the Rolls and hath the custody
and charge of the Records and enters all pleas &
proceedings in the severalle Courts of this Isle
as well in the Lords as the Barrons Courts for
wch he receives a yearly fee from the Barrons
as hereafter mencened under Court holdings.

The Comptrollr is also by his office Clarke of the
Marketts and is to Rectify and Seal all weights
and measures & regulate all abuses concerning
the same.

He is also Head Searchr and hath Deputys
in the severale ports of this Isle to search and
examine all Goods and merchandises that
are imported & exported that they be duly Entact
& Lycensed and to seize such as are not.
Whereof the Lord hath one half of the Seizure
and the other is allowed the Comptroler & his under
searchrs after ye same is condemned according
to Law, the Lords moiety to be accounted for
every year at ye Audit.

[page 6]

The Waterbayliff his office & Duty

The Waterbayliff is also another officer under
the Lord and is one of his Councill in the Isle,
his charge is to Collect and Receive all Customes               Stat p: 19
ariseing upon Goods Imported and Exported and also
the money due unto his Lop as Customs upon the                  Stat p: 30
Herring fishing in lieu of the Castle Mazes payable 
out of every fishing boat. And also he is to take               Statue p: 37
care of all wrecks found at sea or cast in upon
the shores and accompt for the same for every
year at the Genrll Audit. But if any of the sd
Wrecks be under the value of 6 1/2d it belongs                  Rotus 1519
wholy to the Waterbayliff & not to ye Lord as a
fee or perquisit due to him by his office.

Also the said Waterbayliff hath the power of calling
& holding Admirall Courts and to Impannell and
swear Jurys to enquire of all trespasses & offences
that are comitted under the full sea mark & especially          Lib Scaccar
at the Herring fishing time, and to punish all                   1610
offenders according to the antient laws & orders made            1613
in that behalf. He may also call a court to hear
& determine all matters & differences relating to
maritime affairs either upon ye suit of any
person or in pursuance of any order issued out
of the Court of Chancery for the [hanswilling?] of such         Lib Cancellar
matters to ye Admirale Court as is frequently used.             1580

Also the Waterbayliff or his Deputy is to see 
all arreasts executed that are taken out agt any
persons departing the Island or agt any ship and
to secure the person or the ship Ex officis
upon the Request of any person moveing to arreast
another or stopp any vessell for one tides water
viz 12 hours without any Accon or Warrant.
And if the party prosecuteing do not take out an
Accon after that tides water, he hath noe power
to hinder them any longer without the Governrs
Warrant.

[page 7]

The Attorney Gen[e]r[a]lls office & Duty

The Attorney Genrll is also another of the Lds Councill
His office is to take cognizance of and sue for all
forfeitures that fall due to the Lord and to                    Lib plitor
prosecute all fellons upon their tryale for life and            1602
death and upon their conviction to dispose of their             1607
Estates, Goods & Chattles for the Lords best advantage
and to accompt for the same yearly as oft as any
such happen at the generall Audit. As also
to plead the cause of all orphans & widows as                   Lib Cancellar
oft as he is thereunto desired according to the                 1605
Tenor of his oath for wch thet give him a retaining
fee only of 2d.

Also he is to appear in all Courts to see that the
Lords prerogatives and Interest is preserved &
that all fines & forfeitures be duly Estreated &
Levyed for the Lord by those officers who have ye
same in charge.

And it is to be noted that he as well as all the
other officers aforemenconed are Justices of the
peace by their places and are all bound and
obliged by their offices to move in any thing that              Stat 3rd
may benefit the Lord. And that the Governr
may call the sd Councill (where he always
presides himself) to sit in Castle Rushen once a
month to consult how the Lords Busienesses are
done and to consider of the affairs of the Island
such as are for the good of the Comon wealth                    Stat p: 37
1
of the Island in generale

And albeit that the Civil Governmt
is Invested wholy in the Govr as well as the 
Millitary, yet the greatest part of the former
is Executed and Discharged by the Deemsters
of the Isle whose office & duty I shall 
now mencon

[page 8]

The Deemsters Office & Duty

In antient times when the Laws of this Isle
were not so fully comitted to writeing as now they are but
only kept by tradition from one successn to another
there was a Law made in Sr John Stanleys time (for
we have no written Laws or Records before him) that as
oft as any matter of Doubt happened where there was
no written Law for it, the Governr might thereupn
call the Deemsters before him (& sometimes with the
advice and assistance of the 24 Keyes) to Deem and
Declare the Law truly to the partys and that they               Stat p: 13
should do the same without Rigor [?] or Colour &                     et 15
to give their judgements at their perills, saving ever
the Lords prerogatives, and that the Law so declared
& pronounced by the Deemsters should be registered in
the Records (as presidents) to be ready when any
such like case happened again and from this way
of Deeming or declaring the antient Law & Constitution
of this Isle it is supposed the Deemsters had first its
Rise or Origin.

The Deemsters are also Comissioned by the Lord [or possibly Law]
They are Justices of the Comon pleas and
antiently the Comon Law Courts were kept by the Govr            Rotus Ano
and the Deemsters & sometimes before the Deemsters only               1496
without any mencon made of any other officer in ye
stile of the Court as they now are. and all matters
relating to the Comon Law are cognizble before them
and they may act jointly or separately in all those
matters and cases pertaining to the Comon Law as well out
of Court as in Court and may grant process agt any              Lib Cancellar
person that will not abide their Judgemt (being                     1605
assisted by the Governrs authority) to have him comitted
till he submit or Appeals. And if any man confess
a Debt to be due to another before the Deemster he may
thereupon grant Judgemt agt him without any Accon               Customary Law
or other tryale at Law, and the party is bound to abide              22nd
the sd Judgement. They are also Justices of the peace
in their Respective Jurisdictions. The process granted by
them is a Slate Stone with their name inscribed there on
as the Governr doth. And whosoever is found to Counterfeit
or misapply the same is to be proceeded agt as in the
Case of forgery. The sd process is granted by them gratis       Lib plitor
only the tenants are used to pay them once a year                   1584
some Duty to ye value of 2d in consideration thereof but upon

[page 9]

but upon every Recovery at Comon Law they have
2d paid them for every process or token wch is called
in the Mancks tongue Crewikart

Also the Deemrs are to have out of the Goods wch
are forfeited to the Lord the third part of ye Corbs or
Heirlooms the broken Reeks of Corne, all Beasts
under three years old and the third part of the fellons
Horses (the Coronr and the Moar having the other                Stat. p: 22
two parts) or els 4s in money as appears by an
antient statute in that behalf so as always the
whole fee do not exceed 12s and if it do the rest
is the Coronrs wholy. Also they have ye benefit
of a servant in every parish within their respective
Jurisdictions both of men and women servants                    Stat p: 57
to serve them yearly at a set hyre or wages wch
are called yarded servts. That is to say menservants
at Allhollowtide & maid servts at May in every
year and are compelled to serve them so by virtue
of an antient Law being a priviledge
belonging to their said office

By the antient Laws of this Isle is any man
did unjustly Impeach the Deemsters chargeing                    Lib Anno
them or either of them with Mall Administracon                  1529:7
of the Law and could not prove the same he
forfeiteth Life and Limb to ye Lord, but now he
only forfeits 10l and his ears to be cut off as                 Stat p: 128
before menconed.

All the aforesd officers before they enter upon
the Execution of their places are to take an Oath
of fidellity to the Lords & for the true & faithfull
discharge of their Respective Dutys. And because
the Legall part of the Governmt is discharged by
the Governr & the Deemsters as I have before said.
I shall here incert the oaths taken by them
[whirly?] it will appear how strictly they are
bound & tyed up to a Just and impartial
Administration of the Laws betwixt the Lord &
his people.

vide their oaths at large

[the oaths do not appear in the document examined]

[page 10]

And now having given an acct of the officers
I shall speak something of the 24 Keyes & the
Coron[e]rs of this Isle and what their privilledge
& Dutys are.

The 24 Keyes & their privilledge & Duty

The 24 Keyes of this Isle were in antient times
called Taxiaxies (I suppose because they had the                Stat: p: 12 
power of laying taxes on the people) and were antiently
freeholders whereof there were eight to be chosen out of
the out Islands (viz the Islands of Scotland then 
annext to the Dominion of Mann) & sixteen in the
Land of Mann, and that was in King Orrys dayes
And if there happened a sharp point of Law to
come in Dount the Deemsters (as in ye case before) were to
call the sd 24 Keyes to their councill in that point  
as they thought to give Judgemt by and in our                   Stat p: 1st
Laws they are termed sometimes the best of the Land                   etc.
sometimes the worthyest and at other times the
Elders of the Land of Mann 

But now the said 24 Keyes are called the Representatives
of the country because when any new law is made
they do Represent the Body of the Country, and were
by the antient Constitution chosen by the Countrey
out of the six sheadings of this Isle and no Law is
binding on the people (one part of the Legislative              Lib Cancellar
power being in then) without their consents.                        1581

Formerly when any tryalls for land happened at
Comon Law the party agrieved had liberty to
[?] the verdict and have a Jury chosen out of
the 24 Keyes to try the same and that is the last               Lib Scaccar
[?] that was allowed at the Comon Law  but                          1621
now of late times the whole number do sit (by                       etc
special order from the Lord or the Governr) to determine
those matters.                                                  Lib plitor
                                                                    1639
Also the said 24 Keyes do sit at every Goale  
Delivery to assist the Deemsters in Doubtfull points of
Law if any occasion be found and to pass upon the
Grand Jury of Life and Death if they be found to
digress from their Evidence & bring in an Erroneous
Verdict, and if the sd Jury be found guilty by the
24 Keyes the Court thereupon is to fine & punish                Lib plitor
the sd Jury & do enter a Record thereupon to declare them           1601
incapable to pass in any Jury for ever afterwards                   etc

[page 11]

The said 24 Keyes are by their places exempted
& freed from passing in any other Jury or such like
dutys unless they be especially commanded thereunto             Stat: p: 93
by the Govr. And also they have the privelledge                 Lib: Scaccar
that none of their hyred servants can be taken                  Ano 1605
from them by the Deemsters or other offices
as have the benefit of yarded servts by Law.

I find by an ancient Recird that also if any
of the said 24 Keyes do comitt fellony or any
capitall crime whereupon he must be tryed
for his life, he is not to be tryed as an                       Rotus Ano
ordinary person but at the Tynwald, and                          1418
by a Jury as I suppose of the rest of his
fraternity.

[page 12]

The Coron[e]rs office & Duty

The Coronts are officers elected & chosen by the
Governr once in every year viz one in every
sheading of the Isle and are always sworn at the
Tynwald Court holdon upon the 24th June O.S. yearly
whereof the Coronr of Glanfaba Sheading is the Chief.
And they all taken an oath Administered unto them
by the Deemster on the Tynwald Hill upon their
Knees that they deal truly and uprightly betwixt
the Lord and his tennants in all things relateing
to that office, and the Governr after the takeing               Stat: p:1
of the sd oath delivers such of them a Rodd wch is
all the Warrant or Comcon they receive for the
Execution of their sd offices. They are by their
place to serve and Execute all orders writts &
summons's that are directed unto them from the
Governr Deemsters or any other Supriour officer
and they cannot arreast any man for Debt
without a Warrant or token, but for apprehending
of fellons & prosecuting the same & 
in some other points (as comanding & preserving the             Stat p: 30
peace etc) belonging to their office thet may act
without any warrant.

They are also to Impannell all Jurys upon fellons
& for to view the Corpse of any prsons that have
perished by any mischance or accident & briefly
in all other matters wherein the Lord is a party
They are obliged by their office to act without any             Lib Scaccar
fee, but if they do any other service for any other                 1613
prson they are to have 2d for every charge or sumons
or takeing any distress, and if they go out of
their own parish into any other part of the sheading
they are to have 2d for every parish they go into. And
if any of the sd Coronrs are to be charged before any
magistrate or their pawns to be taken the Coronr of
Glanfaba is to execute the sumons upon them or to
take their pawns & to have 2d for every parish he
gos throu as aforesf. But if the Coronr of Glanfaba
himself is to be charged or his pawn to be taken then the
Governr is to grant a speciall Warrant to any of the
other Coronrs to do ye same. And if the Coronr of Glanfaba
be scandalised or defamed in the time of his office, he
cannot act till he be acquitted by Law and the Governt
is thereupon to take away his Rodd from him & appoint
another to do his office till he be cleared & then his rodd

[page 13]

Every Coronr is bound by his office to search thro'
his sheading 4 times in the year for fellony and if any         Stat p 58
person desire him to search at any other time for
stolen goods he may go with him without any
Warrant, but then that party is to give him
his hand (wch is in the nature of a Recognisance)
to prosecute the fellony if his goods be found by
search, wch in the Mancks Tongue is called
Lans=ma=huite, wch office he is to do without
any fee. And if any prson or prsons
whatsoever shall resist or oppress the Coronr
upon his search he or she so doing is to be
reputed a fellon by ye antient custom of the                    Customary Law
country.                                                              13

Also every Cornt hath a Deputy under
him in each parish of his sheading called
Lockman, and hath the Rent of a quarter of                      Stat p: 23
Land allowed him for his Sallary besides                           57
a yarded servant at Allhollowtide and
May as the Deemsters have and 4d from
every Tennant that holds a quarter of land                      Stat p: 13
& so proporcenable, & from every Intack &
Cottage holdr 1d or 2d according to their
Respective Rents,

And if any man presume to strike or
abuse the Coronr while he beareth his                           Lib Scaccar
Rodd he forfeitheth 3l to ye Lord                                   1607

I shall now add how the Tennants have held
their estates under the Lord formerly &
the qualifications & restrictions incident
to their formet Tenure etc.

[page 14 - pinned note]

This Isle was an antient Kingdom - but the sovreignty
thereof is now held in [fes?] of the Crown of England - When
Sr Jo Stanley did first possess it by his Grant a patent
from K Hen 4th the people of the Island then (having
suffered many conquests) had not certain tenures.

[page 14]

The Tennants Rights & property 
   in their Estates

The Nature of the antient & present Tenure
   within this Isle

At the first when the noble and worthy Sr John
Stanley did possess this Island the tennants then had           Customary Law
no certain Tenures but took their farmes from the                         1st
Lords officers for some small number of years the Rents
then falling & Riseing and at no certainty as now they
are but as the said officers did agree with the tennants
some for seven years and some for more or less. And this
being found an Inconveniency to the Lord (as is supposed)
there was a Law made that whosoever occupyed any                Stat p:2
of the Lords land should pay the value of that he
occupyed wch I take to be a Rack Rent, and that
the said method might the better be pursued, there
were four men sworn in every parish called a
Setting Quest to find & provide tennants to the
Lord for his estates, and by another law about                  Ibm
the same time it was ordered that whosoever
was sett & placed in any of the Lords farmes by
the said Enquest (who were sworn to deal truly
in that case) whether he were poor or Rich
he should pay the sd value if he had goods to do ye
same, and if he had no goods at the time he was
placed there by the sd Enquest then they were obliged
to pay the said Rent for him and was to be turned
out and another put into ye Estate, And at the
Sheading Courts in May the sd Enquest did place                 Stat p: 16
every Tennants name in the Rentalls according
to their severall holdings, and the people being
thus settled in their Estates. There was another Law
made afterwards Anno 1422 that there should be
no abatemt of the Lords Rents without there was
great need for it. So that upon the paymt of those
Rents out of their Estates wch were called farmlands
or Quarterlands they continued them successively
from Tennant to Tennant viz after the death of ye
father the Eldest son succeeded and for want of a son           Stat p: 119
the eldest daughter and for want of such the next               Ano 1645
of kindred, and thereby in process of time became
Customary Tennants and paid (besides the sd antient
Rent & Customes) a Gratuity at the change of every Lord

[page 15]

wch was but a single Rent, and none of those tennants
could Give Grant alienate or Exchange all or any
part of their said tenements without the lycents
or approbation of the Lord or his officers under a              Stat p:75
penalty of forfeiting 3l to the Lord and the Bargain            Rotul 1539
Deed or Sayle made of the same to be void in Law.               et Ano 1541
And when any tennant had advice either to
surrender his land into the Lords hands or to
alienate and transfer his Tennant Right
thereof to another, the seller came into ye Court
and surrendered the same by a straw, and
thereupon the sellers name was withdrawne &
the Buyers name entered into the Court Rolls
and a Record made upon the same wch was all
the evidence the buyer had for his estate being
in the nature of a Coppyhold. And from that
way or manner of transferring their tennant Rights
the tennants did call their tenure (being customary
or coppyhold tennants) the tenure of the straw
By wch tenure or holdings the tennants enjoyed
their farmlands or Quarterlands (excepting some
few that took leases of their estates) untill the
year 1643, at wch time and since they have all
of them taken leases & made compositions for
their sd estates. And it is to be observed that
the said Enquest was bound always to provide
and find a tennant to any estate that was surrendered
into the Lords hands thou' poverty and they were
to make proclamation three severall Sundays
at the parish Church (before the time of setting)
that if any of the relations of the former tennant
came in they were to be received before any other
into the sd estate and if they did not appear
then the Setting Quest were to sett it upon
another, and the farmrs eldest son if the father
then lived was first to be taken & put into that
estate & upheld & pay the rent and the custome
thereof to the Lord till his father dyed whereby
his own estate fell due to him and then he was
discharged and another placed by the sd Enquest
in his stead (if he had not a mind to continue it
to himself) and because he was so obliged to secure
the Lords Rents & Customes he was therefore termed by          Stat p: 50
an antient law the Lords treasurer, And if no
farmrs eldest son were to be had, or any other tennt
to take the sd lands then it was placed upon the

[page 16]

best estates in that parish till a tennant could be
procured by wch means the Lord had always his antient
Rents & Customes duly paid and secured unto him
without any diminution or abatement.

And any tennant that was so placed by Enquest
in any decayed estate (after publication as aforesd) had
as good a tennant right thereunto as the former tennant
had. And the former tennants children or relations
could have no recovery at Law for the sd estate ever           Lib: plitor
afterwards. But since the year 1643 when the                        1587
tennants brought their estates to lease as aforesd the
Setting Quest is disburthened from that charge of
finding a new tennant or upholding the rent as
aforesd but when any estate falls into the Lords
hands the Attorney Genrll is to take care to find
a new tennant and if he cannot then the rent
ceaseth. And in the year 1645 after the
tennants had, all put their estates into leases as             Stat p: 119
aforesd and having some doubts upon them concerning
their Tennant Right to the same the Rt Honrble
James Earl of Derby being then in the Island was
pleased to pass An Act of Tynwald to satisfy and
acquiet the minds of his people in that particular
as fols viz  That no manner of prson
or persons whatsoever shall have power or
authority by virtue of any his Lops particular
Grants made or to be made or by any the
Compositions by any of them made or agreed
upon to give grant or assign all or any of
his or their Lands Tenements Milns Cottages
and Intacks so agreed or to be agreed for but
according to the antient & usual customary
laws of this Island viz of lands & tenements
called Farmlands and Quarterlands and of Milns
Cottages and Intacks of Ease to such farme lands or
Quarterlands whereof the tennant or tennants
have compounded or shall compound for & whereof
they are or shall be possessed or interrested by descent
or title of descent from his ancestor or ancestors,
such farmlands & quarterlands with the milns
cottages & intacks of ease to descend & come (after the
death & decease of such tennts or tennants) to his or
their eldest son and for want of such to ye eldest daughter
& for want thereof to the next of kin, and to no other
child or children person or person whatsoever except

[page 17]

except by gift grant or assignmt in case of
poverty or some other cause or reason approved of
by the Lord or his officers etc, so that the tennants
have a right of renewing still with the Lord
and holding their said estate according to the
antient custome, as is recited in the sd statues.

But there are other lands called Intacks being
lately rented inclosed & held by lease from the
Lord wch is in no way included in the foremenconed
Act, but the father may give his right thereof
to any of his younger children or any other pson
by will or any other deed or assignment dureing
the terme of his lease or composition. Yet it
is a customary law that if any of those Intacks
have passed successively three descents from him
that inclosed & rented the same the eldest son
of the third descent hath the tennant right of
renewing and compounding for the same as tennt
before the younger children or any other relation.

Now the Barrons tennants they pay no fines to                  Lib plitor
the Barron except only those under the Bishop                  Ep: Ano
who pay an ox out of every Quarter of Land of                  1643
his Temporally, & so proporconable at the change               1664
of every Bpp: and upon the payment thereof &                   etc
their antient Rents & Customes & Bonnes they (as
well as the other Barrons tennants) do hold their
estates according to the antient custome of the Isle
viz after the fathers decease the eldest son succeeds
1
of such the next of kinn. And none of the
Barrons can displace any of their tennants
whilst they pay their said fines & the antient Rents
& customes, but if they faile therein the Barrons
may then grant to any other at will. And
the said Barrons tennants have also the liberty                Lib: Cancellar
of transferring their tennant right to whom                         1586
they please, wch is done by a deed of sayle allowed
of by the Barrons or their Scenescall or
as antiently accustomed by coming into the
Barrons Court, and the seller causeing his own
name to be drawne out of the Records and the
Buyers name to be entered therein for the rents

[page 18]

customes and boons of the sd land and any
tennant that is so entered and placed cannot
be removed by the Bpp or other Barrons or
his or their successors unless upon the failure
of his paymt of his fines rents & customes
as aforesd as appears by the antient records                   Lib Cancellar
of this Isle.                                                      1583