« PreviousContinue »
A bastard can have no goods except they be given him by will, or at the discretion of the ordinary upon charity, otherwise they can have none by law.
If any man get a maid or young woman with child before marriage, and within a year or two doth marry her, if she was never slandered or defamed with any other man before, that child begotten before marriage shall have his father's corb and farm according to the law of the land. A question being put by the governor to the deem
sters and keys upon the meaning of the last written customary law, they answer in the following
words :If a man get a maid with child, and then within a year or two after doth marry her, we judge them to be legitimate by our law *.
For the prevention of the frequent complaints touch. ing batteries, and passionate words provoking the same, it is ordered, That as often as such complaints shall be made, and the party accused convicted, by lawful proof, by apparent wounds, bloodshed, or confession, such persons for their violent strokes, battery, inhuman and evil usage, shall, besides punishment and charges of cure, befined in ten shillings to the lord's use, for every time offending in that nature; and such persons as shall be abused, and proof had against them as before mentioned, for upbraiding and provoking language, and inveterate speeches causing, or that might cause such battery, wounding, or violent strokes, or usage, to be fined thirteen shillings and fourpence to the lord's use, besides imprisonment f.
Ordinance of Government, Council, and Keys, 1661.
No person shall take the goods or cattle of another to ride, draw work, or otherwise employ the same without consent of the owner (though he find them trespassing upon his own ground), upon .pain of forfeiting to the lord for every such offence, being convicted thereof by information, action, plaint, or otherwise, by the oaths of two sufficient witnesses, the sum of three shillings and fourpence, and to make amends to the party grieved *.
If any person puts forth horses, mares, cattle, calves, sheep, goats, swine, or geese into the highways, without the conseni of the farmer or tenant whose lands adjoin to such highways, and the goods be found without a herd, or one looking to them, it shall be lawful for such tenant or farmer to impound the same in the next pinfold t.
Every person holding lands within this isle shall be obliged either by herding, fencing, or other means, to keep their horses, cattle, sheep, goats, swine, and geese, and all other their goods whatsoever, upon their own lands, without suffering them to trespass on their neighbours I.
If any pinfold shall be broken, or the goods therein impounded by any way or means be taken out of the same, the owner of the goods so impounded shall be taken and reputed to be the person who committed the offence, and shall be liable both to the pinfold fees and trespass money, by order of the governor or deemster S.
If any cattle, horses, asses, mules, swine, sheep, goats, or geese be found trespassing on enclosed grounds where the fences are kept in sufficient repair, and im. pounded for the same from the twenty-fifth day of
* Ord. 1583. + A. T. 1665. I A. T. 1705. $ Ibidem,
March to the tenth day of October, the owner thereof shall, before they are released, pay the keeper of the pinfold as follows: viz. two shillings and twopence for every head of cattle, horses, asses, mulės, and swine : eightpence for every head of sheep and goats, and fourpence for every goose ; and for such cattle, &c. in. pounded from the oth day of October to the 25th day of March, as follows, viz. for every head of cattle, horses, asses, mules, and swine, one shilling and twopence: for every head of sheep and goats sixpence ; and for every goose threepence. And after the last mentioned rates, whenever such cattle, &c. are impounded from off the highway, adjoining quarter-lands, baron lands, or enclosed intacks, in any part of the year; which several sums are to be paid to the keeper of the pinfold, who, after deducting the accustomed pinfold fines and fees, is to pay the remainder to the person bringing such cattle, &c. to the pintold. And in case any person shall obstruct, or prevent such cattle, &c. found trespassing, from being impounded, such person shall, upon conviction before a dee lister, be adjudged to pay the full trespass-inoney and dųus aforesaid, besides the sum of ten shillings to be laid out on the parish pinfold, and such costs as shall be award, ed *
THAT no man bring beggars or vagabonds into the country on pain of forfeiting his boat t.
It is ordained, That the poor of this isle shall not beg out of their own parish; and if any offend herein, the constable, coriner, or lockman of such other parish iş, for the first time, to warn such beggars back to
their own parish, which if they neglect or refuse, then are they to be compelled, and whipped to their own parish. And if they continue disobedient they are to be brought by any of the said officers to the next goal, there to continue until they declare themselves conformable to this order; and that none be relieved as the poor of any parish, but such as are blind, lame, maimed, or deciepid in respect of age or other infirmi. ty. And all young persons shall either labour for their bread, or be made to serve by a jury of servants, or otherwise to be committed until they submit thereto. And if the constable, coroner, or lockman neglects his duty aforesaid, he shall, upon complaint and proof made, be fined at the discretion of the governor and officers *.
It is ordered that all the inhabitants, tenants, and farmers. holding lands in this isle, shall in every year as well against winter time, as summer and harvest season, make sufficient and able fences, ditches, trenches, or hedges of the height and breadth herein mentioned, (note, the dimensions are altered by an act made in 1691,] or else set out a keeper or herd in re. spect thereof; and if any neglect the same, the great in. quest shall make presentment thereof at every sheading court, to the end that such persons may be fined accor. ding to the nature of the contempt, and quality of the person, and the deemster is to give the same in particular charge to the great inquest every half year 7.
If any person shall be desirous to make a lawful boundary fence, and any of his neighbours whose lands adjoin to his, and are by law obliged to make up the said fence with him, shall refuse to join therein, then
such person shall obtain a token from the governor or deemster to require his neighbours to join in making up and repairing such fence, according to the height and breadth herein after set down, within such a convenient time as the governor or deemster shall appoint: and
such time, then such person to employ labourers to make up his neighbours part of the said fence, and to keep a just account of the charges thereof, and to make oath to the truth of the said account, (if occasion require), before the governor or deemster; and thereupon execution is immediately to be granted him by the governor or deemster, for levying the said charges, by taking the pawn of such neighbours, and selling the saine forthwith to satisfy the charges aforesaid; and that all boundary fences shall be made five feet and a half high, with a trench of one foot and a half deep, and three feet broad, or else, six feet high in the perpendicular, where a trench cannot be made; and that all trenches in such part of the island where they are used instead of a fence, shall be six feet broad in the top, and three feet deep *.
Where there shall happen to be an insufficient mere fence or boundary, any persons interested in such boun-, dary being desirous to have a sufficient stone wall erected in lieu thereof, shall apply to their neighbour to join with them in making such stone wall boundary : and in case such neighbour shall not agree to bear an equal share of the expence, or otherwise amicably agree about the same, the persons wanting such stone wall to be erected, may appiy to a deemster for his authority to impannel and swear a jury of four of the most judicious men within the sheading, to view the insufficient boun. dary, and to estimate and report according to the best of their judgment, not only what sum will ve sufficient to put the same into statutable repair, but also whai sum will be sufficient to keep the same in such repair for ten
* A. T. 1691.