Infants' Property distributable.

Parish Clerk.

Wills.

which accordingly they have done, and have given his Lordship such Satisfaction therein, with Promise of Reformation for future Time, and have made and offered also to his Lordship such feizable Reasons of their just Grievances against the Comonaltie, that his Lordship (for Preservation of Love and Unity betwixt the Clergy and Commonaltie for Time to come) thinkes fitt that those Matters of particular Grievances on both Parts shall be no more remembered: Nevertheless, if any of the Parties grieved think good hereafter to prosecute their Grievances and put them to a Tryal, his Honour will take Paines to give his especial Order therein for Relief of the wronged Partie.

And whereas amongst other the Complaints of the Country, some particular Matters concerning the generall Goods are most considerable of Reformation and Determination his Honour was graciously pleased to assemble the Clergy, and 24 Keyes of the Island, with the four Men of every Parish, to meet this Day, being the 30th day of October 1643, as afforesaid, at his Castle of Rushen, where accordingly they did appear, and then and there upon their ensuing Business, (agittated and disputed before his Lordship) betwixt the Clergy and Proctors upon the one Part, and the said xxiiij Keyes and four Men of the Parishes in Behalfe of the Countrey upon the other Part, his Lordship doth order and declare as followeth :

1. First, That whereas when there are diverse Children left under Age, and Executors by their dead Parents Wills, if any of them shall dye before he or she comes to the Age of xiiij Years, (which is the full Age the Law requires before such Infant can dispose of his Goodes by Will or otherwise,) the Goodes of such Infant falls by Law to the rest of its Brothers and Sisters: Yet notwithstanding the Church have used to make a Decree of this Child's Goodes, and for the same takes a Fee of three Shillings four Pence for decreeing the Goodes to its Brothers and Sisters, which is needless, (as is argued by the Countrey,) the same falling upon them by Law as aforesaid, without any Decree, his Lordship therefore hereby ordereth, that the Church shall take noe more than vjd. for the taking Notice of, and making of the Decree for and concerning such a Child's Goods, being under Age as afforesaid.1

2. Itm. Whereas it is a Complaint of the Country, that the Lord of the Island makes Clearkes of the Parishes by his speciall Grants, whereas the Parishioners pay the Cleark his Dues, his Lordship is gratiously pleased that the Parishioners and the Parson or Viccar of the Parish shall have the Nomination of the Clearke, and the Bishop or Ordinary to have the Allowance or Approbation of him for his Sufficiency and Ability to perform the Place; and this Order to take effect after the Time of the Grants in being be expired, which have been heretofore made by his Lordship or his Ancestors.2

3. Itm. Whereas it is complained of, that the Ministers of the Parishes have taken xijd. for the writing of a Decedants Will, whereas the Party himself, or his Friend for him, would have written it for little or nothing; and that the Church have sometimes refused to accept of and prove

1 Repealed by Statute of 1813, Chap. 2.

2 Repealed by the Church Act, 1880, Sec. 34.

such Wills, except they were made and written by the Minister's Hand; his Lordship's Order is, that every Man may make, or cause to be made, his own Will, by whom he shall please to direct; and if he desire the Minister to make it, that he shall agree with the Minister as he can for the Writing thereof, and not otherwise.

4. Itm. Whereas when a Man dyes intestate his Goodes, by the Law, ought to fall Intestates. to his Children unmarried equally amongst them; yet, contrary to this, the Church sometimes use to decree the whole Teame of Oxen and the Cropp of Corne to the eldest Son, which commonly is more worth than all the rest of the Goods; it is therefore ordered by his Lordship, That if the Church shall hereafter make any such Decree in favor to the eldest Sonn, to the Wrong of the rest of the younger Children, that Decree shall be void, and the Goods to go equally amongst all the Children according to the Law.1

sent.

Covert.

5. Itm. Whereas it is a great Complainte of the Coun- Corpspretrey, that the Clergy and Proctors use to take viijs. for a Corspresent sent out of a Deceadts Goods of the Value of iiijl. and proportionably after that Rate forth of Goodes under that Value, it is ordered by his Lordship, That noe Corpspresent shall be hereafter taken by the Clergy or Proctors of Spirituall Livings of any Deceadent's Goods under the Value. of vjl. xiijs. iiijd.; and of that Value, and under the Value of xxl., they shall take but xxd. for the Corspresents; and if the Goods be of the Value of xxl. and Exception under the Value of xll., they shall take for the Corspre- for Infants sents but iijs. 4d.; and out of Goodes of the Value of xll. and Feme or above, they shall take vjs. iiijd. and no more be the Goods of what Value soever they may be; and that none shall pay a Corpspresent but such as at the Time of his or her Death were Housekeepers and Masters of a Family and that no Infant or Child under the Age of fourteen Years, nor no Woman under the Covert Baron, shall pay any Corpspresent; and if any Clergyman or Proctor take more for a Corpspresent, or otherwise than as afforesaid, he shall forfeit so much in Value as he shall take above the Summ before limitted, and also vjs. viijd. to the Party grieved, to be recovered by Accon of Debt at the Common Law; but it shall be lawful for any Spirituall Person to take any Summe, or other Thing, which by any Person dying shall be given or bequeathed unto him.

6. Itm. Whereas it is a greate Complainte of the Tythe. Country, that by the Spirituall Lawes here they are forced to pay Tyth Butter and Tyth Cheese, which is called the Milk Tythes; and in the Payment thereof there is an undecent Order in paying it on the Sabbath Day upon the Alter in the Church, where there often falls out great Con

1 Repealed by Statute of 1777, Chap. 14.

Proctor to be

Harvest.

tention betwixt the Minister and Proctors on the one Part and the People that pay the same on the other Part; and sometimes the People are put to their Oathes for such Things, upon triviall Matters; which Kind of Tything is much out of Use in most Parts of the King's Dominions; his Lordship therefore orders, That from henceforth no more Tyth Butter or Cheese shall be paid in Manner as aforesaid; but in lieu thereof the Farmers, Cotlers, and all others who ought to pay such Tythes, shall at Easter, when the Accompt for their other Dutys to the Church, pay iiijd. for every Cow which has a Calf that Yeare, and ijd. for every Farrow Cow which had no Calfe, but gave Milk since the Easter before, and one Penny out of every four Milk Sheep, and jd. out of every two Milk Goates; the Viccars of Thirds and Pentioners, who were used to have a choice Cheese, they to have in lieu thereof the Moneys due for the Tyth Cheese, and Butter of a choice House in the Parish, and the Sumner likewise.1

7. Itm. Whereas there hath been, and it is a great named before Complainte made by the Countrey, for the Losses they have suffered by the Ministers and Proctors not coming in due Time to take the Tyth of their Corne, whereby the Farmers have sometimes lost their own Corne, not daring to draw or lead the same before the Proctor or Minister come to take away their Tyth; his Lordship therefore, for Prevention of such Inconveniences, doth order and decree, That from henceforth the Parson, Viccar, and Proctor of every Parish, shall acquaint the several Farmers of the Parishes with the Names of his or their Under Proctors or Deputies, who are to receive their Tythes; and this shall be done in the Month of July before the Harvest beginn; and when the Time of Harvest is come, the Farmer shall give Notice to him or them who are to have and receive their Tyth Corne the Evening or Day before such Farmer intends to lead his Corne; and then if the Parson, Viccar, or Proctor, or his or their Under Proctors, come not to take the Tyth of the Farmer's Corn according to the Warning given, the Farmer to take two Neighbours to justify with him that he hath left his due Tyth: This Warning to be given by the Farmer as aforesaid, shall be given at the Parsonage, Viccarage, or Proctor's House, who is to receive the Tythes, if there be any such in the Parish; and if it be a Stranger of another Parish, or Layman of the same Parish, such Stranger of another Parish or Lay

Notice to

Proctor of drawing Corn.

1

Repealed so far as relates to Tithes payable to Bishops and Clergy and as to certain impropriate Tithes by the Tithe Commutation Act of 1839.

man of the same Parish shall, before the Time of Harvest, acquaint the Farmer at what House in the same Parish the Farmer shall give or leave such Notice, that his Corne is ready for leading, or that he intends to lead; and the like Order for Tyth Hay is to be observed.

8. Itm. Whereas it is complained of by the Comonaltie Security on against the Ordinary, and his Spirituall Officers that proving Will. Orphans Goods and just Debts to Creditors are not, and Repealed have not been sufficiently secured by their Court; by Means by whereof diverse poor People being left Orphants, and many wel Jude, others, who had just Debts owing to them by the Deceadents, have mightily suffered in their Estates; his Lordship therefore doth order, that the Goods of the Decedent, according

354

to the Inventory, shall be made good by the Ordinary, or velv h 354

his Spirituall Officers, if he or they, upon the proving of the Will or making of the Decree where no Will was made, do not, or shall not take sufficient Security for the

same.

9. And whereas there is a Controversy betwixt the Tythe. Clergy and Proctors upon the one Part, and the Comonalty upon the other Part, concerning the Payment of some other Tythes and Dutyes, as Tyth Wool, Tyth Fish, Clerk Silver Fees for Probation of Wills, and the Sumner's dues, and this upon a pretended Record produced by the Comonalty of the Year 1541; which Record hath this Record of Day been in open Court deliberately discussed and argued 1541 repro et contra, by both Partyes, before his Lordship, and pealed. there adjudged of no Validity, upon diverse good Reasons; his Lordship doth therefore order and declare, That the said Record be of no force or Effect hereafter to be pleaded in Way of Barre to the Book of the Spirituall Statutes enrolled in the Statute Book of the Island; and therefore that the Lawes and Orders positively made, and in that Book recorded, shall be from henceforth duly and truly observed in all Things, till some other Law, Statute, or Ordinance shall be aggreed upon to the contrary.1

10. And whereas there is an undecent and irreverent Citation for Use in this Island by the Proctors and Clergy, when they Non-paycollect their small Tythes and Offering Money at Easter, ment of Tythe. they demand the same at the Time the People are to receive the Communion, and sometimes will stop the People from receiving the Blessed Sacrament, because they have not paid their Duties; his Lordship therefore ordereth,

1 Repealed so far as relates to the Tithe payable to Bishop and Clergy and as to certain Impropriate Tithes by the Tithe Commutation Act of 1839.

G

That the Proctors and Ministers to whom such small Tythes and Oblacions belong, shall sitt in the Parish Church upon Monday and Tuesday in Easter Week after the People have received the Communion, there to receive their Dues; and whosoever shall not pay their Dues to them upon one of those Days, the Ministers and Proctors shall proceed against them by Way of Citation before the Ordinary or his Officers: and his Lordship thinkes fitt, that the Minister or Proctor in such Cases of Wilfull Neglect by the People in not paying their Dues, shall have the speediest and strictest Course that may be from the Ordinary for the Recovery thereof.1

In Witness the said James Earle of Derby hath hereunto put his Hand and Seale of Armes the Day and Yeare first above written.

1 Repealed so far as relates to the Tithe payable to Bishop and Clergy and as to certain Impropriate Tithes by the Tithe Commutation Act of 1839.