Case concerning the Manorial Records dated 1765

Overview

This manuscript is held at the Manx National Heritage Library under reference MS469 at was written in 1765 at the time of the Revestment. It discusses the then existing Records in order to determine which should be considered Manorial and allocated accordingly. This document is stored together with and is almost certainly contemporary with several other related manuscripts (MS470-MS473).

Transcription

The following is a mostly literal transcription of the manuscript (which is mostly easy to read). The references in the original appear in the margin. Here they are all positioned on the right. Square brackets [] are used to indicate comments. There are many abbreviations in the document (for example Governt for Government). I have not expanded these, although occasionally I use [] to indicate what the expanded word should be. As is typical of documents of the era the spelling is erratic.

Manx National Heritage 
Manx Museum Library
MS469

[page 1]

Be it remembered that on the [gap] day of [gap] in               } Isle of
the fifth year of the Reign of our Sovereign Lord George         } Man
the third by the Grace of God of Great Britain France
and Ireland King Defender of the Faith &tc and in the
year of our Lord one thousand seven hundred & sixty five
that his Excellency John Wood Esqr Governr in Chief and
Captain General of the said Isle in humble obedience
to His Majestys Royal Instructions in that behalf proceeded
to the Offices of the late Comptrollr and Clerk of the Rolls
of their Grace's the Duke & Duchess of Atholl late proprietrs
of the signiery of the said Isle, and then & there separated and
divided the Records appurtenent incident and belonging to
their said Grace's maneriel and Territeriel Rights and
possessions in the said Isle excepted and reserved to them in
and by an Act passed the last Sessions of parliment
Intituled An Act for carrying into Execution a Contract
made &tc And his excellency did then and there deliver
unto Daniel Mylrea and John Quayle Esqrs Senescals and
Stewards nominated deputed and appointed by their said
Grace's for that purpose the several Books Bundles and
Files herein after mentioned that is to say -

Being the Rent Rolls containing the names of the                  Setting Books
several Land owners and the particular Rents which
they respectively pay, by which their Graces chief Rents are
ascertained and collected

containing the admissions entrys and Titles of each Land          Wast Books
owner, and the alienation fines payable to their Graces      
in respect thereof

which record the fines paid at the Act of Settlement              Composition Books
when the tenures and titles of the Isle were settled and

[page 2]

established upon their present state by which the alienation
fines aforesaid are regulated - also other Books of nearly the
like kind and altogether maneriel

These Books relate to the Lands within the Barrony belonging      } Abby Rentals
to the dissolved Monastry of Rushen and are analagous to the      } Abby Court
Setting and Wast Books of the Lords Land. Also a composition      } Rolls
book relative to the alienation fines for lands within this
Barony

of three other little Barronys in this Isle                       The Court Rolls 

of Settlement Conveyances Mortgages &tc confirmed at the          Bundles of Deeds 
several Sheading and Barony Courts as they respectively related
to or affected Lands within the respective sheadings or
Barronys of this Isle. Sales & leases of several
impropriations and tyths, and also leases surveys &tc of lands
mills &tc within this Isle

of the Receivr General stewards & collectrs with their            Books of Account
respective vouchers wch contain their Graces private
audited accts & no way relate to the state of Government of
the Isle.

And whereas it appears that sundry deeds leases verdicts and
other proceeding purely maneriel are recorded in the Books
of the Courts of Chancery, Common pleas & Exchequer and
cannot now be properly rescinded or separated
therefrom - It is therefore hereby declared that the same shall
remain & continue upon Record as heretofore. And that for the
future all Deeds Leases verdicts and other proceedings which
shall or may respect the maneriel & territorail rights of
their sd Grace's the Duke & Duchess of Atholl & their several
Tennts & Landowners of this Isle, shall and may be returned
into their Grace's mannor Courts or otherwise recorded
according to the due course of procedure.

[page 3]

Forasmuchas it is objected the deeds
confirmed at the sheading or mannor Courts are not
properly manerial - the state of the case is

By a statute law anno 1583 after reciting the Inconviencies       1583
arising as well to the Lord as also to the people of the Isle of
Mann by their disposing of the lands without the privily
and lycense of the Lord, or his Govr & officers of the Isle
whereby the Lords Rents Duties & Customes could not be so
well gotten nor the Tennant with certainty known, and the
Lands being privately dispersed among so many differrent
persons that the Setting Books were not to be depended upon
as the persons whose names stood recorded, were not seized
of those Lands. It is therefore entacted that no land owner
shall dispose of any lands without the special lycense
of the Lord, or his Govr & two of the principal officers of the
Isle. And also by the statute in 1645 it is declared &
enacted that no person shall convey his lands but in cases        1645
of poverty or for some other just cause or reason made known
to & approved off by the Lord or by his Govr & officers as
aforesd.

The practice upon these Laws has been that
as soon as convenient after the execution of any Deed of
Gift Grant Mortgage or other Title the Granters appeared before
one of the Deemsters and acknowledged the same to be their
proper Act & Deed in such manner as Copy holders in many
parts of England acknowledge their surrender before the
Senescal, otherwise the witnesses to the attestation with the
privily of the Grantors make proof thereof - and then the
Grantee bring the Deed to Governt & principal officers
when holding a sheading or mannor Court for the particular
District wherein such lands lye and the Court causing
the Deed to be then published (in case no material
objection be offerred by any person agt it) the same is
allowed of and by Rule of the sd Court confirmed & recorded

[page 4]

and the grantee mortgagee &tc is by virtue thereof intitled to
be entred the lords terr tennant according to the laws tenure
and custom of the Isle - By wch it is undubitable that
these laws & precautions did not in the least respect the
Lord in his Sovereign capacity, but which were intended to secure
to his Lordship as Lord of the Sayle, a proper & solvent Tennt
to perform the Boons Suits & Services and to pay the alienation
fine & chief rents properly issuing out of each particular
parcel of land alienated - To wch his Majestys Govr &
officers are in no sort interested nor obliged to pay any
attention - and it may be worthy consideration, whether the
Lord whose consent is mentioned & prescribed prior to and
disjunctive from his Govr & officers cannot delegate such
his Right of consent to his stewards and also direct that
the acknowledgemt of the parties be made & taken by and
before his own stewards.