Forfeit Life perty. least, and perhaps more of the same Kind, or of some other Stampe in base Mettle, as Pewter or such like; which foule and enormous Offence, as we have understood, is by the Lawes of all Nations a Case of High Treason: And whereas we find no particular or express Law in Writing amongst the Records of our Laws which punctually provides against such Offences, our Nation having been so happy hitherto as that not ever any such Offence or Misdemeanor was heard of or known to be comitted, perpetrated, or done in this Island; we humbly pray your Lordship, that for the Prevention of such like Inconveniences hereafter, it bee enacted and established for Law by your Lordship's Confirmation, That if any Person or Persons whatsoever shall hereafter falsifie, forge and counterfeit, clipp or diminish, any Kind of Current Coyne, or shall bring false Money into the Island counterfeit to such Current Money as aforesaid, knowing the same to be false or counterfeit, and do Merchandize or make Payment thereof, in deceipt of this our Countrey and People, and be thereof lawfully convicted according to the Course of Trials for Life and Death in this Island, all and every such Person or Persons soe offending shall be adjudged, deemed, and taken to be in Case of High Treason; and for the same shall forfeit Life, Lands, Tenements, Goods, and Cattles, to the Lord of this Isle and his Heirs, as in the Cases of other Treasons they use to do by the Lawes of this Land,1 I do approve of the Petitioners Request, and confirm the same as an Act, to be published for a Law at the next Tinwald. JAMES DERBY. Repeased Hal of unda 1891. 4 From the Exchequer Book 1647, No. 39. At the Court of Tinwald holden the xxiiijth of June 1617. Whereas there was an antient Law or Order made in Anno Domini 1593, that all such as had Claimes to make, or Titles to pretend, to any Lands, Tenements, Houses, or Grounds within this Isle, and did not exhibitt his or their Bill in Writing for the same before the Lord of this Isle, his Lieutennant or Captaine, and other principall Officers Limitations of this Isle, within the Space of twenty-one Yeares next for claims to after he or his Ancestors had been dispossessed thereof, Lands, 21 that then he or his Successors claiming after him to be Years. utterly excluded and barred from making any Title thereunto for ever after: Now the Officers and twenty-four Keyes of this Isle do humbly pray the Right Honourable James Earle of Derby, Lord of this Isle, his Honour being 1 Repealed by Criminal Code of 1817, sec. 7. at this present in Court, that, notwithstanding a second Act of 1637 and contrary Act or Order made in this Case in Anno 1637, repealed. the said Act nevertheless of 1593 may be this Day confirmed and established by his Lordship, and the same proclaimed now immediately upon the Tinwald Hill, and the Act of 1637 in that Case to be revocated.1 lic Officers. It is enacted, confirmed, and published for Law, as in the Exchequer Book for Scandal the Year 1601, more at large appeareth, That whosoever shall accuse or speak any against Pubscandalous Speeches against any Chief Officer of this Isle, Spiritual or Temporal, or any of the xxiiij Keyes, touching either their Oathes, or the State and Government, or any other scandalous Speeches which might tend to the Defamation of their Offices and Places, and be not able to prove it, shall be fined for every Time soe offending in Tenn Pounds, and their Ears to be cut off for Punishment besides.2 From the Exchequer Book 1649. No. 72. XX Die February Ano 1648. Whereas it was proposed unto us what course we thought fittest for suppressing of A lawe coninordinate oppression of the people of this Isle by taking alone the rate of Tenn pounds cerninge in the hundred pounds per annum for the loan of Money either in Money or Morgadge usurious or by Wares or comodetys or in any other ways whatsoever. Wee think it very fitt and conscionable that all oppressive Contracts for loan of contracts Money or otherwise as aforesaid above the said rate of Tenn pounds in the Hundred above the pounds shall be punished and proceeded against. And do hold the best course for the rate of xl. punishing of such abuses, and the proceedings in and concerning the same to be in the £100. rectified and punished by the Court of Chancery as well by the fining and punishing of all such extorcons and oppressive contracts for loan of Money or otherwise as Interest on aforesaid. As also for the relievinge of the partie or parties that is as shall be loans limited 1 Extended as to persons under disabilities by Act of 1662, sec. 6. 2 Repealed by the Tynwald Court Procedure Act, 1876, sec. 14. to 10 per cent ; Remedy and oppressed as already hath been punished and proceeded in the gd Court as that punishment. Court shall think fit and reasonable according to the nature and condicon of the fact and oppression committed or done.1 Wee the officers doe approve hereof with the 24 Keys Rich. Stevenson. John Greenhalgh. Robt. Barron. John Cayne. June 24, 1649. My pleasure is that this be published for a law at the next Tyndwall. J. Derby. Counterfeiting Governor, or Deemsters' Tokens. From the Exchequer Book, 1651. No. 31. Apud Cur. Goall. Deliberand. Tent. 2° Junij 1651. Forasmuch as John Moore of Kirk St. Anne hath made unlawfull and wrong Use of the Governor's Token, and converted it otherwise than he hath had Directions for, for which he hath been punished by Imprisonment, and is still so to continue during the Governor's Pleasure; now for the Prevention of any such Error and Abuse to be committed by any Man hereafter, it is enacted, ordered, and decreed, That whosoever shall hereafter counterfeit or make false Use of the Governor's Token, he shall forfeit xxs. to the Lord's Use, and suffer Imprisonment during the Governor's Pleasure; and whosoever shall counterfeit or make false Use of the Deemster's Token, he shall forfeit xs. and suffer also Imprisonment during the Governor's Pleasure; and this to be pubblished and proclaimed the next Tynwald Court for a Law, to be henceforth observed upon the Penalty afforesaid. John Greenhalgh, John Christian, John Curghey, Robert Quayle, Samsbury Radcliff,] Will. Christian, John Tear, Hen. Watterson. Be it enacted as it is desired, J. DERBY. 1 This Act, which is not inserted in the original MS. Statute Book, is repealed by Statute of 1691, Chap. 1. 2 Tokens (which were of Stone) abolished by Act of 1763, Sec. 19. From the Exchequer Book, 1655, No. 78. At the Court at Tindwall, holden at St. John's Chappell, within the parish of K. K. Whereas in every well governed Comon-wealth such wholsome Orders, Acts, and Lawes are prepared, ordained, and enacted by the magistrates thereof, as they apprehend most necessary and requisite to be putt in operation from time to time. Wee the Governor, officers, and 24 Keys of the Isle whose names are subscribed, have ordained, enacted and at this Court of Tinwald caused to be published the ensuing Orders, to be henceforth with the approbation of the Lord of the Isle, observed and executed for law in this Island. 1. First. Whereas it is observed at the Comon law Courts of this Isle that there are About frivelmanie actions entered between ptie and ptie for small trespasses and frivelous matters, ous accons rather out of an envious and turbulent spiritt, than for any just cause of complaint, to the trouble both of the Court and Jurors, which manner of accons the Plaintiff oft times at ye comfayles to prosecute, by becoming friends with the Defendant or houlding such accons not mon law. worth the prosecutinge, or els his own conscience not sufferinge him to swear any damage upon the like matters, whereby many accons still remain unanswered in the Court may books and no fyne estreated for the lord. It is therefore hereby ordered and enacted cast Plaintiff that if the Plaintiff after the appearance of the Defendant to such accons, faile to prosecute the same either at the Court where thos accons are putt to a jury, or at the next not proceedCourt after at the furmost. That in that case it shall and may be lawful for the Court ing with suit to cast every such plaintiff in his or their owne plea, and to charge the usual fyne of vjd. and impose unto the lord of the Isle, onlie leavinge the plaintiff at liberty to comence a new accon fine of 6d. if he please at the followinge Court. Provided nevertheless that sickness or some other lawful cause do not hinder the plaintiff from prosecutinge by the time afforesaid, and the same made manifest to the Court. About 2. Item. Whereas oft times upon the verdict of a jury the ptie aggrieved is accustomed to traverse that verdict which may deffer to enter till either the adverse ptie or entringe some of the jury bee deade, and much delay also used by the ptie traversing In ympanel- traverses. linge of a new jury which all tends to the prejudice and hinderance of the other ptie Traverse to from the benefit of the former verdict. It is therefore ordered and enacted that hereafter no traverse be accepted of unless the same be entered within the space of three be entered weeks after the former verdict given at furmost. And that in case a traverse be entered within 3 within the said time the ptie becoming plaintiff is to prosecute the same with such expedi- weeks after tion so as an answer be brought in by the jury within the tyme of six months at the furmost, verdict. otherwise it shall be lawful for the Court to non suit the plaint in that traverse and to charge the fine of lxs. to ye lord's use if there be not just cause to mittigate some pte And to be thereof. closed within 3. Item. It is ordered and enacted that whosoever shall transport any men or six months, women servants out of this Isle without speciall license first had and procured from the otherwise Governor or Deputy Governor of the Island, shall forfeit and be proceeded against in the strictest and severest manner that by law shall or may be instituted for every tyme appellant to offendinge, as likewise upon the servant and servants so presuming to do without license be fined 60s. if found in the Island, or against such of their goods as shall be remaining in the Isle About transthat may lawfully be seized upon. 4. Item. It is ordered and ordained that for the tryall of tanned leather in this Isle which porting serhere is very much abused to the damage and delusion of the inhabitants there be four vants. sufficient persons sworne by the Deemsters or the one of them to examine all tanned Servants not leather in the Island before it be cut to use or made sale of, and such leather as they or to be sent out of the Island with 1 This and the following Act were passed during the usurped govern- out special ment of Thomas Lord Fairfax, and therefore after the Restoration were licence. not recognised as of any validity. They appear to have been the only Acts passed by the said government. They are inserted here both as showing the Concerninge mode of legislation at the time and as this Act is expressly referred tanned to in an Act of Tinwald of 1665, by which it is declared "to be reputed leather. "invalid and cancelled for the future." The ancient mode of promulgation Jury of 4 to on the Tinwald Hill seems to have been dispensed with. be appointed The "Wills Court" referred to in section 6 of this Act appears to to examine have been established in lieu of the Ecclesiastical Court by the executive all tanned authority merely. The Judges of the Wills Court were commonly desig- leather. nated "Willers." If approved, leather to be marked. Unstamped leather may be seized. Penalty for stamping leather not properly tanned. banns. any of them shall find to be sufficiently wrought and marchandable to sett a stamp or 5. Item. Whereas certain Clandestine Marriages are used in this Isle whereby some that are inhereters and heyeres of tenem's, are allured and intised without the privitie or consent of parents, guardians or friends, whereby many debates, differences, and discontents oftentimes arise. It is therefore ordered and enacted for the future that there be no marriage solemnized without special License had or procured from the Governor or Concerning deputy governor of the Isle or that there be three Sundays baues solemynly asked and Marriages. given before the congregation in the parish church or churches where the said parties do No Marriages live and inhabit. And if any parson or Minister do act or proceede in matrimony conto be solemn- trary to this Order he or they so offendinge to be proceeded against according to the ized without 6. Item. It is considered meete and so hereby Ordered and enacted. That the Licence from Officers of the Will-Court do go their circuits four times in the year at the least and Governor, or oftener if there be cause for it to keepe their Courts in the several sheadings of the Isle for the probat of Wills and whatever things belong to their places. And that both the judges be together at the keeping of those Courts unless sickness or other lawful occasion do hinder or lett the same, and also the Register or Registers of the said Court for the recording of the Acts and proceedings to be likewise present. And it is further Ordered for the avoyding of severall inconveniences that may ensue that the said Officers shall prove no Will or make decree before a perfect Inventory be exhibitted and sufficient Security taken therein according to law and accustomed maner and if any executor or other person concerned be-reffractory, dillitory, or neglective, in the performance hereof the Officers of the said Court are to proceed against them after the strictest and speediest manner that the Law in such cases provides, that orphans, creditors, and others chiefly in such cases concerned may not be prejudiced or dampnified in their just rights and demands. And it is provided that there be no more or other fees taken by the Officers and Registers of the said Court than is of right authorized to be taken upon the paine and penalty that may ensue. And it is likewise Ordered that the said Courts be holden and kept every circuit at one of the Inventory to Parish Churches within the sheading or in some convenient place of the Sheading be exhibited when it shall be most fitt and comendable for the said Officers to sitt for the better expedition and dispatch of the people's business. discretion of the Governor and officers of the said Isle. Penalty. Concerning the Will Court. Officers of Wills Court to go four times a year for probate of Wills &c. Fees to before pro7. Item. Whereas it is much complayned of that divers persons as servants and bate granted. children do presume from time to time to cutt grass in the Corne and Meadows of Penalty. the farmers of this Isle without any manner of leave for the same. It is ordered that as often as such persons shall be found to offend in that kinde hereafter and be of ability shall pay a fine to the Lord besides reperacon to the partie or Farmer offended or to be punished at the Governor's discrecon, and if it be a poore person that so offends, or that they be children, such to be whipped or otherwise punished at the discrecon of the Governor for every offence committed by them in the foreCourts to be said maner. held in Officers of 8. For the avoidinge of several Controversies and complaints that heretofore have Parish been observed and daylie do happen and arise about men and women servants. It is Churches&c. hereby ordered and enacted that all such servants as do not give lawful warning to their master or mistress on Michas and Lady day and afterward hire with any other persons, That the hiring so made shall not stand effectuall but be reputed invalled in case the old master or mistress be aminded to retain and have the same servant or servants to their own use for the same year. For cutting grass &c. without leave. Offenders to be fined if able to pay fine, if not, to Concerning Women ser 9. Item. Where servants do hire with two several masters or mistresses it is ordered that the master or mistress first hiringe shall have the service and the other the wages of such servants for that year. And it is ordered that the wages which shall be paid in this case is the same that were agreed upon by the first master which he is to pay quarterly unto the other, so secondarily hiringe, if he at such times demand the same. 10. Item. If any manner of servant doe hire oftener than twice as aforesaid such servants are to endure exemplarie punishment by being whipped at the parish Church where he or she lyved on the Sabbath day or on some Markett day at the Markett place in the whipping stocks or otherwise to be ymprisoned at the discretion of the Governor and to have for allowance but one cake of bread and a quantity of water every day during the time of ymprissonment and nevertheless the said servant to do service afterwards to the master which first hired and the wages to be paid and distributed according to the discrecon of the Governor and Deemsters or either or any of them. |