Deemster Parr's Abstract. Deemster John Parr's Abstract of Manx Laws Is an Important Source of Manx Law Dating from the Late Seventeenth Century
Total Page：16
File Type：pdf, Size：1020Kb
Deemster Parr's Abstract. Deemster John Parr's Abstract of Manx laws is an important source of Manx law dating from the late seventeenth century. It is also of more than passing interest to scholars of the legal history of the larger jurisdictions surrounding the Isle of Man. Although available in manuscript form in the Manx Museum, this document has never been published. This typescript was prepared and checked by Peter Edge from MS 03176 C. Dedication to Governor Heywood. Right Worshipfull - I have not presumed to dedicate this ensueing tract unto your worship, as a succint module of the whole Lawes and Constitutions of this Isle, but as a tithe thereof, giving only an abridgement or compendium of such Lawes and Acts as are of use, contained and entered in the Statute Book of the said Isle, with some suitable and additional enlargements of customary Practices and Precedents, abstracted out of the antient records. And because that many of the said customes and useages are held, retained and exercised only such traditionally, and no entrance made of them, but such as falls out upon the transaction of certain cases, I cannot therefore give any warrant for them, but only bare record, and the frequent and occurent practice of them. And again, where I have presumed to enlarge and explain certain statutes in the said book, that do not in their express letter unfold themselves to your Worship's view and discovery, in respect of either those two kinds, to crave your favourable dispensation of such, since my endeavours in this nature have not been bestowed for publick use, but altogether undertaken, and designed, to serve your Worship, and as much as in them lie (in some measure), to give your Worship enlightening in the State and Government of this poor Commonwealth. That doth not a little add to the happiness thereof, to have so prudent and upright a Justicier, for the exercise and maintenance of its Lawes and Liberties, as your Worship is singularly looked upon to be, in the succession of your memorable ancestor. And out of the consideration of the encouragement your Worship was pleased to afford me, in the undertaking of this weak and slender enterprise (by a willing and free Resentment of my said endeavours therein) I cannot deny myself the hopes of your indulgence towards it, and that you would please to admit it some share of patronage. Although talk of this nature and subject would have far better become to have represented itself, in a more exquisite and plausible style and form, than by these indigested and implicite collections, which I humbly pray your Worship to receive in no other esteem, but as an acknowledgement of the devoted service of him that will always be found, Right Worshipfull, Your Worship's most obedient and faithful servant, JOHN PARR. A. 1. Abbot holding a temporalty under the Lord, his own and his tennants priviledges. 1.1. In the fronticepiece of the Statute Book of this Isle itt is sett down in a brief chronicle how the same Island hath been alwayes governed and how successively under that most noble and honourable family, the House of Derby, who were invested with and exercised the ius regale therein (too tedious here to bee enlarged upon) that certaine Barons houlden respective Baronies and Temporalities of them ; as namely the Bishop of Mann, the Abbot of Rushen and Prior of Douglas, the Prior of Whitehaven in Galloway, the Abbot of Furness, the Abbot of Bangor, the Abbot of Saball, and the Prior of St.Bead in Copeland. All which said Barons were in respect of their holdings to yield and doe faith and fealty unto the Lord of the Island, at and upon a general assembly of the whole island called and titled the Tynwald Court, in their own proper persons. And if any of the said Barons were out of the land they were obliged by a penal law to comme into the Island, within the space of forty days after they were called in to doe their said homage and shew how they houlden and claimed their said holdings under him (wind and weather serving) otherwise they or any of them failing, were to seize their temporaltys into his Honours hands. 1.2. But of these Barons, itt shall bee further declared what immunities they houlden under the Lord, and what priviledges the Lord claimed by his prerogative against them, as itt falls in its proper place and course to bee spoken of, only now accordinge to this alphabetical method, I shall begin with the Abbot. 1.3. The Abbot of Rushen as said before, holding a temporalty under the Lord, hath certaine peculiar tennants under him, that did yield and their rentes, customes, boones, suites and services unto him ; and hath in their due times and places, proper and peculiar courts kept, and did yield all services to that Court, which was houlden in the nature of a court leet or Court Baron. In which the Steward or Senescall of the said lands and tennements was to sitt as chief judge. The Deemster of the Southside (and sometimes both) with the [p2]Comptroller or his deputy assisting him, and the Lords Atturney (who was only to sitt there to take notice of anything that might happen that concerned the Lords Interest) with other ministerial officers, as the Sergeants and their Runners, which officers proceeded in all matters pertaining to that court, in swearing and impanelling of Grand Enquests, taking of bloodwipes, entering of actions or pleas of the comon law, in the same respect and forme that the Lords Sheading Court is houlden, and the Deemster and Comptroller are to hath each of them the fee of 13/4 for every such day, as they sitt in that court, to bee paid out of the Abbey Revenue, by the steward or his sergeant, which forme and priviledge is still retained and observed to this present. 1.4. And if any fellon, malefactor or any other offender should comme under the limits of the law, to forfeit life and goods, or any other confiscation by fines or amercements, beinge any of the said abbey tennants, if they were neither born upon the lords land, nor served thereon a year and a day, nor paid any rente to the Lord, nor occupied any lords land, but by the sufferance of their fathers, these fines and confiscations are due to the Abbot. But if they pay but 1d. rente to the lord (although they should hath a considerable holding under the Abbot) or otherwise born and served upon Lords land,as above said : then all those forfeitures fall to the Lord and not to the Abbot. But in case the forfeitures bee in matters of fellony, the Lord hath only the goods, and the Abbot the lands by his prerogative. 1.5. Also if any fellon were convicted of any capitall crime and bee by due forme of law indicted, and brought to the Lords court to arraign and hath his tryall there, if the Steward of the Abbey land comme in and make to appear that he is an Abbey Tenant, and pays noe Lords Rent, nor served upon nor occupied any Lords Land as aforesaid ; he may, notwithstanding his indictment in the Lords Court, clame and challenge him from thence and hath his tryall and confiscation in the Abbey court. 1.6. Also if a parcell of Abbey lands bee in difference betwixt two persons that live upon Lords land ; the accon is to bee tryed in the Abbey Court by a jury of Abbey Tenants; but if the accon bee for matters of debt, trespass or other damage, notwithstanding if the Parties Plaintiff or Defendant live upon the abbey land and pay but a penny rente to the Lord ; that accon is to bee stayed in the Abbey Court, and to bee tryable in the Lords where the amercement is due. [p.3] 1.7. Also if a mereditch or hedge divide the abbey or any other Barons land from the Lords ; the Lords tennant is not bound to make a proportion of the fence with the Barons tennant, as Lords tennants are accustomed to doe. But the Barons tennants are wholly to repair and maintain the said mereditch dividing both liberties, and to hath as much earth or ground on the lords side of the fence as he can eatt (joining his heele to the said hedge) and reach with his spade holding his foot thereon. 1.8. By an antient customary law itt is provided that if any abbey tennant remove from abbey land, he might, by law, take away the roofe of his house, and all doors and windows, as well those that hung upon iron hinges or otherwise, which the Lords tennants could not doe. 1.9. If any of the Lords tennants should want servants to work the Lords land and could find none by a Jury of Servants on their own land, the servants of the Abbey Tenants are to bee taken from them, and put to serve on the Lords Lands; unless they bee such as are mentioned before in the 2nd page; and if any stranger or allien comme into the Island, he is to bee placed on the Lords Ground before the Abbots, or any other Baron, if there bee occasion for any such to bee put to service. 1.10. And, for that those particulars doe extend to other Barons as well as to the Abbot, and that there are certaine other immunities which the Lords holds against the priviledges of the Barons and their tennants ; I shall farther enlarge thereupon under that tytle in respect of the general reference itt hath to all the said Barons, as shall bee hereafter incerted.