Page images
PDF
EPUB

not comprized in the general fining in the said year 1643, the same being since that time leased by the Right Honourable Charles, late Earl of Derby, it was therefore (upon special consideration had) proposed that the said estate should only pay one hundred and twenty pounds for the present fine; but if any of the lives nominated in the said lease, made thereof by the said late Earl Charles, should be found to be still in being, then only two third parts of the said one hund red and twenty pounds should be paid as a present fine; and a third part of the said one hundred and twenty pounds should, forever hereafter, be paid as a fixed and certain fine, upon the change of any tenant by death, alienation, or mortgage, as aforesaid.

Tenthly, That the present fines should be accepted and received according to the currency of money then within the said isle; and that one third part thereof should be paid within six months next, after the passing of this act another third part should be paid at the end of twelve months now next ensuing; and the last payment to be made within six months then next following, so that the whole should be paid within eighteen months next after the passing of this act.

Eleventhly, That the ancient rents (except only of such lands as were then in the lords hands) should, for the future, be preserved by the setting quest; and that the tenants' names should be entered in the court rolls as formerly; and that when any tenant should come to any estate by death, alienation, or mortgage, such tenant should be obliged to give notice thereof to the setting quest of the parish where such estate lay, some time before the next sheading court that should be holden after he became tenant to the said estate, to the intent that the said inquest might present the said tes nant's name to the court (which they should, upon oath, be obliged to do, at every sheading court, as oft as any such should happen), to the end that such te nant's name might be entered upon record, either by

himself, or some other person in his behalf, whereby the lord's fines might be had and received, at such time, and in such manner as are herein before, for that purpose, limited and appointed, without fraud or concealment; and if the said tenant should refuse, or fail to have his name entered accordingly at the said court, that then such tenant so refusing, or neglecting, should be fined three pounds to the lord, for the time being; and that upon the change of any tenant, by death, alienation, or mortgage, one single person, and no more, should be admitted, unless he became tenant in the right of his wife, and not otherwise.

And lastly, That all the before mentioned proposals, and every matter and thing therein contained, should forthwith be passed into a law, and confirmed by the authority of a Tynwald court, saving always to the lord all such royalties and regalties, in and concerning the premises, as were invested in his lordship, by virtue of his prerogatives within the said isle. And the said James, Earl of Derby, out of his great zeal and care for the welfare and quiet of his people, and to the end that such establishment might be treated and agreed upon, as might complete and forever confirm a constant mutual love and friendship between the lords of the said isle and their people, did nominate and appoint the forenamed Robert Mawdesley, Thomas, Lord Bishop of Sodor and Man, and Nicholas Starkie, Esq. commissioners, to treat and consult with the said Ewan Christian, John Stephenson, and Ewan Christian of Lewaige, concerning the said proposals, which were consented and agreed unto by all parties commissionated for that purpose, (as in and by the said proposals, enrolled and remaining on record, in the comptroller's office, within the said isle, more at large, it doth and may appear), and the said Right Honourable James, Earl of Derby, and all and singular the tenants and inhabitants within the said isle, and members of the same, are contented and well pleased that

the said proposals, and all things therein contained, shall be ratified and confirmed by an act of Tynwald

court.

May it therefore please your Lordship, that it may be enacted, and be it enacted by the said James, Earl of Derby, now lord of the said isle, by and with the advice and consent of the said governor, and the rest of his said lordship's officers, and by the Twenty-four Keys in this present Tynwald court assembled, and by the authority of the same, that the said proposals, and every clause, article, sentence, matter, and thing in the same contained, shall stand and be ratified, allowed, approved of and confirmed by the authority of this present Tynwald court; and that the said proposals shall stand and be of force to bind and conclude, as well the said James Earl of Derby, his heirs, and assigns, and all persons claiming, or to claim from, by, or under him or them, or to his use, or in trust for him, as the said Ewan Christian, John Stephenson, and Ewan Christian of Lewaige, and all and singular other the tenants and inhabitants within the said isle, their and every of their heirs and assigns, and all persons claiming, or to claim from, by, or under them, or any of them, or to or for their use, or in trust, for them or any of them, in all things, according to the purport, effect, and true meaning of the said proposals; and that every clause, article, sentence, matter, and thing in the said proposals contained, shall forever hereafter stand, be, and remain, and be adjudged and taken to be of such and the same force and effect, to all intents and purposes, as if the said proposals, and every clause, article, sentence, matter, and thing therein contained, were especially and particularly herein again expressed and repeated, and by the authority of this present court enacted.

And be it further enacted, ordained, and declared, by the authority aforesaid, that all estates made, or to be made of any messuages, lands, tenements, and he

reditaments within the said isle, or members of the same, to any person or persons, and his and their heirs shall be, and shall be adjudged, esteemed, and taken from the making or granting of such estates, to be good and perfect customary estates of inheritance, descendable from ancestor to heir, according to the laws and customs of the said isle (except such as are reputed chattels, as is before mentioned); and that all and every such person and persons, to whom any such

customary lands, tenements, or hereditaments are, or shall be granted to him and his heirs, according to the laws and customs of the said isle, shall be, and shall be adjudged, esteemed, and taken, and are hereby declared to be seized thereof, as of good and perfect customary estates of inheritance, to them and their heirs, descendable, from ancestor to heir, according to the customs of the said isle; and that all and every the said tenants of and within the said isle, and members of the same, as well all tenants in possession as in reversion, and remainder particularly or generally named, mentioned, or intended to be parties to the said proposals, and not hereby excluded, their and every of their respective heirs and assigns, shall, and may from henceforth forever, quietly and peaceably have, hold, and enjoy all their respective messuages, lands, tenements, and hereditaments, with their and every of their appurtenances, to them and to their heirs severally and respectively, as customary tenants of and within the said isle, against the said James, Earl of Derby, his heirs and assigns, and against all and every other person, or persons, claiming, or to claim from, by, or under him, them, or any of them: All and singular the tenants within the said isle, and members of the same, their heirs and assigns, and all and every other person or persons claiming, or to claim from, by, or under them, or any of them, respectively yielding, paying, performing, and doing unto the said James, Earl of Der by, his heirs and assigns, and all and every other the

lords of the said isle for the time being, such yearly rents, boons, suits, and services, as herein before are mentioned, and which now are or heretofore have been usually paid and performed; and also paying unto the said James, Earl of Derby, his heirs and assigns, such general and other fines certain, as in the said proposals are also for that purpose particularly mentioned and expressed: Saving always unto the said James, Earl of Derby, his heirs and assigns, and unto all and every other person and persons, that shall at any time hereafter become lords of the said isle, all such royalties, regalia, prerogatives, homages, fealties, escheats, forfeitures, seizures, mines, and minerals of what kind and nature soever, quarries, and delfs of flag, slate and stone, franchises, liberties, privileges, and jurisdictions whatsoever, as now are, or at any time heretofore have been invested in the said James, Earl of Derby, or in any of his ancestors, lords of the said isle; and saving, nevertheless, to all and every person and persons, bodies politic and corporate, their heirs and successors (other than the said James, Earl of Derby, his heirs and assigns), all such actions, estate, right, title, interest, use, trust, claim, and demand whatsoever, in law or equity, as they or any of them have, may, should, or ought to have of, into, or out of the said isle, or any part thereof, and in such sort and manner, as if this act had never been made: Provided that such person or persons, their heirs, executors, and administrators, do yield, pay, perform, and do unto the said James, Earl of Derby, his heirs and assigns, and to all and every other the lords of the said isle for the time being, the several yearly rents, boons, suits, and services, that have been accustomarily and usually paid for the estates, which they or any of them shall or may make any claim or title to, and do also pay unto the said lord and lords of the said isle for the time being, all such fines certain for the same, and in such manner and form as in the said proposals are particularly mentioned

« PreviousContinue »