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Spiritual Customary Laws
The following is my transcription of the spiritual customary laws as recorded in the Derby Papers.
Derby Papers 1715/21 Insula Mona 1667 The accustomed unwritten laws untill now practised continually by the Church are as follows [in margin] 1 Rape how proceeded against That such as are accused of Rape be preceeded against in the Spiritual Court in manner and form as of sorcery as is expressed in the 40th spiritual statute [in margin] 2 Debts surmounting the Inventory That when a Debt appears to be due from a Deceadt to the Lord and the Deceadts debts suromounting the Inventory the Lord Debt is first to be paid, secondly orphans goods & afterwards the rest of the claimers penny pound like by the Generall Sumner if none else undertake to administer after the goods are sold at the markett cross to their best value [in margin] 3 Excommunicate psons irregular That an excommunicate person persisting irregular is to be imprisoned & delivered over body and goods to ye Lord's mercy [in margin] 4 fines imposed are given to ye Comptroller after mitigation [] the ordinary That all fines imposed by the Church are given in charge to the Comprollr after the ordinary has mitigated the same according to the spirituall statute. [in margin] 5 A man dying intestate hath but one child That notwithstanding the 8th spiritual statute it hath been accustomed that if there be but one child betwixt man and wife and the man dyed intestate the kindred of the father by vertue of that statute was to have the tuition of that said child and goods untill he came to 14 years of age. yet in regard by wofull experience it was found that such orphans were very much neglected in their good usage and the church conceiving unfitt to [admitt?] the tuition of a child to him or her yt was to have his estate of lands and goods after his decease ordered always as appears on record that the mother if she be alive, or if not the next related on her side should have the tuition of the said child to whom none of the estate fell due by his death, and to be rewarded out of the profitts of the said estate and goods at the sight of four sworn men. The same rule observed if the estate come by the mother always provided that the court find such next relations capable of this charge otherwise may Decree as they think most fitt for the child's safety and best usage. But all this in case there be not a will made wherein the child and goods are otherwise disposed of. [in margin] 6th A farmer that takes in corn without tyth to be sworn. That if a farmer take in Corn to thresh without notice given to the proctor or takeing of two neighbours according to the 17th spirituall statute the farmer shall swear what corn he so made use of that the proctor may have his due tyth and the farmer be punished at the ordinary's discretion for his contempt [in margin] 7th farmers to be sworn as oft as occasion That all farmers be sworn that will not bring into their folds all their sheep and lambs at such time as the proctor shall appoint according to the 23[r]d spiritual statute and for all other manner of tyth as occasion is given. [in margin] 8th Exrs ar lawfull years not demanding debt &c he then &c That if any Exr at lawfull years do not demand a debt due from a creditor (except it be menconed in the will) within a year and a day after the probate of the Will, [2 crossed through lines] he nonsuites himself. But if any goods be concealed he is to look for a relief not in the spiritual court but in the temporal court. [in margin] 9th all yt claim & not prove within a year & a day are nonsuited. Except &c That all claimers that enter their claim and prove not the same in the spiritual court within a year and a day after the probate of the will are nonsuited; such as have specialtys or witnesses are to prove in court and such who have none upon the graves or to have no further relief. And this because no perfect Inventory can be brought in for orphans goods or pledges be procured to secure such goods and ye office discharged. [in margin] 10th such as endeavour to prove within a year & a day without bond [in margin] or witnesses is to swear on ye Grave with compurgators or else nonsuited That he that enteres his claim within the year and a day after the probate of the will and endeavouring to prove the same within the limitted time without Bill Bond or Evidence shall prove the same upon the Grave of him or her from whom ye debt was due with lawfull compurgators according to the antient form, that is to say lying on his back with the bible on his breast and his compurgators on either side one. And if do not prove as well as enter duly within the year and a day he is nonsuited in the spiritual and to have no hearing in the temporal when the orphants and relations are less able to answer or defend themselves. [in margin] 11th A desperate debt bequeathed ye Exr not liable to make it good except That if a desparate debt be bequeathed unto any that cannot be recovered the Exr is not lyable to make the same good to the Legatory; but if the Legatory find that this debt is lost thro' negligence of the Execr for want of due psecution and can justly prove the same he is notwithstanding to be relieved and the supervisors are concerned in this if the execr or legatory be under age. [in margin] 12th all legacys to be paid within 14 days except That all legacys according to the statute be paid within 14 days: yet when the Exr or supervisor cannot within the said limitation possess themselves of any of the goods answerable to those legacys they being of custody of others the Church in discretion may grant a longer time to the Execr and that it be lawfully demanded. [in margin] 13th A legacy in another man's hands That when a testator doth bequeath a legacy to any person being in the hands of another man and not the execrs and if that man and the legatory come to an agreent and pay any part of the legacy, the executor is free and not any more to be troubled. [in margin] 14th A legacy bequeathed to be paid unless &c That when a legacy is bequeathed to any man to whom also a debt is due from the testator he may have both unless the testator declared that that legacy is in consideration of the particular debt [in margin] 15th No legacies to be paid when the debt surmount the Inventory [in margin] after debts dischargd the legatory to be paid penny pound like That when the goods do not extend to the payments of the debts no legacys are to [be] paid but if the goods surmount the debts (and the the Exrs have but six pence left when the legacies and debts are discharged) In such a case the legacies are to be paid and if there be not so much as will pay all legacys (the debts being first paid) the Legatorys are to be paid penny pound like. [in margin] 16 They that defame the dead punished. That such as defame the dead are to make pennance and to ask the kindred forgiveness, because it was done in disgrace of all his relations. And publication to be made that none revive the same in penalty of 3l to the Lord and 40 days imprisonment. [in margin] 17th A slanderer to prove or to be punished That if any aspersion be cast on man or woman the slanderer is to be punished if he cannot prove the same and the like publication to be made for the living party as for the dead as before next above mentioned. [in margin] 18th an Appeal from the spiritual to the temporal if not proved then &c That when any appeal is made from the spiritual judge to the Staff and the appealant not able to disprove the judication that appellant to be returned to the church to be fined and punished for his unjust appeal. [in margin] That he that strikes a minister shall be excomunicated (ipso facto) and to do pennance and after satisfaction given to the Law to receive absolution and to be received at the church stile into the church the minister reading before him the 5th psalm and before the congregation to repeat his schedule after the minister [in margin] 20th A minister yt committ an heinous crime how preceded against That when a minister commits any heinous fault or a crime very much unbeseeming his function the ordinary may suspend him and by the advice of the clergy may proceed further against him according to law and his desert [in margin] 21th a minister not yeilding canonnical licence how proceeded agt That when a minister yeilds not canonical obedience to his ordinary or his chief officers or comits any other fault deserving: the ordinary or his vicar generall shall suspend him ab officio et beneficio untill he conform [in margin] 22 He that calls a man a dog, or a woman a bitch how proceedd agt That he or she that calls a man a dog or a woman a bitch shall wear the bridle at the markett cross or shall make 7 sunday penance in several parish churches and for every deposition in examination touching slander or difference to pay 3d. [in margin] 23 Whore how punished & whoremaster deeply fined That comon whores be drawn after a boat in the sea during the ordinary appointment and common whore masters deeply fined and also severly punished at the ordinary's discretion [in margin] 24 no christian burial to them yt strangles &c themselves That he or she that strangles, drowns or spills themselves receive not christian burial; besides the confiscation of good to ye lord. [in margin] 25 church decrees That where no will is made the church doth decree the Brothers and Sisters on the fathers side Admrs of the goods which came by the father and the brothers and sisters on the mothers side admrs of the goods which came by the mother marryed or unmarryed (always provided there be no lawfull issue) and afterwards to descend to the next of kindred whether by father or mother living. [in margin] 26 to pay their Tyth in hand that break their own prescription That they shall pay their Tyth in kind that break their prescription in not paying their moneys when where and to whom it is due vizt Easter Monday or Easter Tuesday at the parish church to the proctor if he be there, if he be not that he make it appear by good witness that he himself was there and ready to tender the money. [in margin] 27 no prescription by sea That they shall pay Tyth fish who pretended prescrip- tion by sea for tho they pretended prescription by land yet cannot by sea for that such prescriptions have not been allowed by the church nor the pretended prescribers cannot defend it by vertue of any former statute. [in margin] 28 all land under corn or kept for hay to pay tyth except &c That all lands under corn or kept for hay bearing rent to the lord are lyable to pay tyth to the church or other agreement in lieu of tyth excepting lime lands according to that statute made lately wherein for the term of three years it is tyth free being land broken up that never before was under corn [in margin] 29 Tyth herring pay no castle mazes That all boates at the herring fishing shall pay due tyth according to law and that none of the same tyth [stopt?] to pay any part of the Castle mazes [in margin] 30 when the debts exceed the goods & none to take [in margin] administration then the General Sumner to administer That when a man or woman dyes and the debts exceeding the goods and none of the kindred to take the Administration the Generall Sumner is to administer and publication publickly to be made in all the parish churches of the Island for claimers to come on a day appointed to prove their debt their claimes first being entered that the Generall Sumner may distribute the goods among them penny pound like, in case he can make no money of them that may exceed the prizement and to give an account thereof to the Register after the discharge of the office. And such as will not come in on the same day shall be nonsuited. And the Generall Sumner to be rewarded for his pains at the ordinary's discretion. [in margin] 31 comunion 3 times in a year That there be communion in every church at least three times in the year on the parishoners acct or cost and for visitation to give communion to sick persons. But at Easter the proctor is to provide Bread and Wine on his own charges and to receive 2d from every comunicant according to the 41 statute at all at 14 years of age to receive, but first to be examined by the Minister or be presented unless a lawfull cause appear. [in margin] 32 The sick to make their will before they receive the comunion [in margin] the minister to have 12d for writing a will and inventory &c That sick persons make their will before they receive the comunion and that the minister of the parish write all wills and inventorys at large setting the prize of every particular goods on the head thereof that orphans be not defrauded and to receive 12d for every will and inventory except there be a legacy left by the deceadt to the value of 12d and if the inventory be large to have 12d for every day that he is takeing of it but this in case another able clark cannot be had. [in margin] 33 Fornicators to make 3 sundays pennance and to marry [in margin] from sheet to ring &c Offenders not to be admitted to [in margin] the comunion till they have satisfyed the law That whosoever commits fornication shall make three sundays pennance and if the[y] marry yet the[y] must go from the sheet to the ring. That all offenders censured to penance are to perform their censures and satisfie the law before they be admitted to the holy communion and to pay 3d to the minister for every sundays pennance for writing certificates and to the sumner 2d and if the offender bring not a sheet he is to pay 4d to the sumner for furnishing him and that no appeal be from the church censures to the staff and none to be priviledged from their censures. That a woman that beareth a bastard is to do pennance and satisfie the law before she be churched. [in margin] 34 a farmers daughter deflowered &c That if a Farmers daughter be deflowered by a single man he is to endow her or marry her going from the sheet to the ring and if he do marry his pennance to be mitigated [in margin] 35 A cotlers son that begotteth a bastard That if a cotlers son beget a farmers or cotlers daughter with child the man & woman are to be at equall charges to bring up ye child [in margin] 36 She that claim promise to prove by witnesses &c That if a woman claims a promise of Marriage of a young man her own oath is not authentick to prove the same without lawfull witness, but for fathering the child the woman is sufficient [in margin] 37 slanderers to prove or to be punished That whosoever accuseth man or woman of incontinency or any other slander villifying another person and cannot prove the same shall be censured to pennance ask the party or parties forgiveness that are so slandered and further as it is expressed in the 17th customary law. But the minister churchwardens and chapter quest may present on common fame. [in margin] 38 clandestine marriage how proceeded agt That when a minister make a clandestine marriage that minister the married couple and all present the marriage shall be committed into St Germans prison and excommunicated ipso facto. [in margin] 39 minister narrying without lycense how proceeded against That when a minister doth marry man or woman without lycense or banns of marriage according to the rubrick he is to be suspended 3 years ab officio et beneficio according to the cannons of the church unlerss the ordinary upon submissions and bonds of reformation mitigate or remit the same [in margin] 40 A convicted of Rape A man convicted upon due proofe by 2 juries for rape one of which juryes impannelled by the church and the other by the temporal and the grand jury clearing him for his life and forfeiting of goods to the lord for want of [dire?] prosecution, that man committing adultery and incest (besides the rape) is to be returned back to the church to be fined and punished for the hainous gact, to pay the court fees and receive absolution from the church upon his remorse and true repentance [in margin] 41 that cousin german not to marry nor be witnesses to a will unless That cousin germans shall not marry or be witmesses to a will the exr being so related for whose benefit they swear, yet the multiplicity of witnesses of this degree takes away that defect at the ordinary's discretion. [in margin] 42 no exectrs crop to be decreed but as ye deceadt dyeth and ye Lord Rent to be paid proportionably That there is no Exrs Crop to be decreed but in the same condicon when the deceasdt dyeth whether in the ground, field, haggard or barne, the adminrs or Exrs are to enjoy it so and not otherwise, and the Lords Rent to be paid by the Execrs or Adminr proportionable to the corn he receives and the rest by the heir and widow surviving as they are concerned in the cropp. [in margin] 43 Legators lawfull witnesses but not to their own legacies That legators be accounted lawfull witnesses their own legacys excepted; but the priest and clark are competent for both [in margin] 44 legacy to the surviver man or woman marryed That when a marryed man or wife happen to dye intestate the surviver is to have a legacy out of the deceadts goods at the discretion of the ordinary [in margin] 45 No goods to be taken away before a decree or will proved Except &c That if any person presume to take away goods whatsoever belonging to the deceadant before the will be proved or a decree made he shall bring them back again to the place where they were in. In case of refusal being warned by the sumner such refractory persons shall be committed yet in case of apparent danger of perishing, the execr or adminr by the ordinary's consent may have liberty (giving in bonds) to preserve them unto the court day. And if any take away goods wilfully and make use of them in this kind and if the debts happen to exceed the Inventory he shall be lyable to the administron & pay all debts whatsoever, tho it were out of his own goods [in margin] 46 no deserting of administration once taken in court That if any person or persons do take upon them the administracon in court shall not desert the same upon any pretence whatsoever nor shall ye church be troubled with ye same any more in this respect [in margin] 47 when 2 3 or more adminr & a debt due from a deceadt to any of them how to proceed That when there are two or three or more Execrs or Adminrs and a debt from the deceadt due unto any one of them he shall loose but a proportion of his own part of the goods, and the other execrs or administrators to make payment proportionably to their parts as if it were to other claimers [in margin] 48 when Administration is refused in court then &c That when any administration is refused in court by the next relacons and that therefore the church is burdened if the inventory shall happen to exceed the debts the overplus shall be at the disposing of the ordinary to be bestowed to be bestowed to pious uses [in margin] 49 when one gives it to the other on his oath That in a difference depending betwixt party and party when the one gives it to the other upon his oath absolutely there shall be no further hearing of that matter in the spirituall court [in margin] 50 man & wife falling out how proceeded agst That when the husband and wife fall out and do not cohabit the party guilty shall be committed and before release to give good bonds in a considerable fine to the Lord to cohabit with and use the other as becometh [in margin] 51 the price [ased?] not the goods to children under age That when the goods of children under age are put into the custody of supervisors or any other such supervisors (or others who have the goods) shall pay the estimacon in money to the children and no goods unless the parties concerned do agree vizt the children being at age and the trustees. [in margin] 52 A young woman having a child & afterwards marryd to yt man none to upbraid therewith That if a young woman shall happen to have a child having therefore satisfied the law and afterwards do marry; if any do upbraid her therewith to the vexation of her husband such are to be punisgd at the ordinarys discretion. [in margin] 53 none bound for orphans goods but till 14 years of age That the pledges taken in the spiritual court are not bound but untill the Exrs come to 14 years of Age and then the execrs are to come in with a copy of the Inventory of Record to the Deemster and crave power to take up their own goods and release the bonds for the church is no longer concerned. The pledges if they be alive are to discharge themselves by seeing the childrens goods paid as they come to age, but if the pledges be dead the Exrs if they be under age are not concerned. [in margin] 54 the 15 episcopal causes That the 15 episcopal causes vizt (1) the clergy (2) Excomumun -cation (3) Decres (4) Mitigation of fines (5) marriages and lycenses for marriage (6) Divorcement (7) Adultery (8) Incest (9) Witchcraft (10) the calling of a woman a bitch a man a dog (11) the censuring of fornicators upon relapse and other offenders the second or third time (12) effusion or spilling of blood in the church yard (13) prophaning the Sunday and other holy days (14) persons that refuse the comunion in contempt of their own parish church (15) the committing of offenders in St Germans prison which is the Bishops prison shall always belong to the ordinarys jurisdiction and censureing [in margin] 55 a woman ravished That if a young woman be forced by rape she is to discover the same imediately with signs and tokens of violence and in married wife in like manner; otherwise neither of them to be esteemed as rape. [in margin] 56 agt buggery That whosoever shall be found guilty of buggery shall be tryed according to law already provided [in margin] 57 merchants to swear to their books and proctors in court That merchts who pretend a debt due unto them form the execr of any deceadt shall swear to their books upon the grave in form as before menconed in the 10th customary law and the proctours to their books before the court and if the merchants or proctours be dead the parties if they be living shall clear themselves upon the grave as afforesaid. [in margin] 58 An inventory upon record a year & a day not to be adempted That when an Inventory is brought in upon record with pledges and continuing intire for a year and a day no part thereof can be adempted upon any pretence but added there may be at any time as goods come and be discovered. [in margin] 59 Difference betwixt a minister and a lay man That when a difference in matter of scandal shall happen betwixt a minister and a lay man, and that the same shall need determination by a jury the one half shall be ministers the other lay men. [in margin] 60 laws not established wthouth the privity of ye clergy and temporality That when any laws touching spiritual causes are to be enacted the Bishop Archdeacon and whole clergy shall be made privy thereto and joyn with the temporal and have their consents with them before the same be established [in margin] 61 a decree continuing a year and a day not allowed That when a decree hath been made in open court and so continuing for a year and a day no pretended will shall be admitted of upon any pretencewhatsoever afterwards. [in margin] 62 a will proved to stand wthout alteration That after the witnesses are once sworn to a will they shall not upon any pretence of explanation (or otherwise) adempt or add any more afterwards. [in margin] 63 none to sitt in the cancell wthout ye lyberty of ye ministri That none shall sitt or bury in the Chancell of any church unless first he agree wth ye minister or whosoever is proctour [in margin] 64 fornicators relapsing fined Fornicators relapsing fined Fornicators relapsing shall pay 3l fine to the Lord (if they be able) with other punishment at the ordinary's discretion if they be not able they shall make 7 sundays penance each of them and sit two whole hours in the stocks [in margin] 65 [Transmarians?] have 3 years [Stransarians?] have the lyberty of three years to enter and prove their debts due unto them from a decadt and no longer vizt 3 years after the probate of the will. [in margin] 66 Adulterers how proceeded against Adulterers shall make 7 Sundays pennance in severall parishes and for relapse 14 and adding always the number of 7 as oft as they transgress besides a fine to the Lord with Imprisonment [in margin] 67 contract by using the words of matrimony not used before &c That no contract by using the words of matrimony or any part thereof shall be used before solemnizing of matrimony publickly because of ye great abuse comited thereupon to the dishonour of god and scandal of the christian faith in penalty of excomunication and further punishment at the ordinarys discretion. [in margin] whosoever curses either temporal or spiritual officer shall wear the bridle That whosoever shall curse an officer either temporall or spirituall be committed immediately into St Germans Prison and not released untill first he give in good bonds to perform his censure, which is to wear the bridle 4 several market days at the several market towns for the space of one hour in the height of the markett. [in margin] 69 whosover swears to pay 12d and afterwards double That whosoever shall swear an oath (by takeing the name of God in vain) shall for the first time pay 12d and sitt one hour in the stocks and for the second time 2s and so double for every such offence to be levyed by the church wardens. [in margin] 70 pledges to have the goods or counter security That pledges finding those for whom they are bound for children's goods to embezle and consuime the same whereby they in respect of their obligation may come to be damnified shall have authority to posess themselves of all such goods or cause the other for whom they are bound to give counter securitys: if they do not comply in doing the one or the other they shall be committed untill they submit, and iof such pledges shall thus come to posess these goods they shall also put in bond themselves for the forthcoming of them. [in margin] 71 An intack person to pay a cessment as well as quarter land If any person living upon Intack have also a Quarter part of a Quarter of Land he shall as well pay his cessment to the church out of the Intacks as out of the quarter land out of the intack according to his ability and out of the Quarter- Land as other quarters in the parish are cessed [in margin] 72 cotlers to pay cessmt unless &c That all cotlers living upon Quarterlands shall pay that cessment to the church unless the farmer give them liberty to sit in their own pews [in margin] 73 fishing boats to pay half tyth out of their own parish and whole tyth when at home That all boates fishing in another parish and not where the owners liveth shall pay the one half of their tyth in that parish and the other half to the proctours where the owners live and the tyth wholy when they do land there tho' the men belonging to the boat be of the other parish provided they be not given out upon hire for term of years. [in margin] 74 no securities troubled so long as the pties in whose hands ye goods are deposited are able That no securitys be lyable to the payment of children's goods whilst the person or persons into whose hands they were disposited were able to make good payment out of their own goods and the pledges not to be molested at law. But the persons in whose hands the goods were that is to say if they be able as aforesaid if not then the pledges - provided they demand it in due time. [in margin] 75 If an Exr dye before the will be proved his Execr to be Exr That when a will or testament is made and an executor ordained if this executor dye before the will come to be proved yet the Execr of the said Exr or Administrator shall be capable of the benefit of the will first made and none else. [in margin] 76 prizers not forced to take the goods under pretence of overrating 'em but ye overseers &c That when sufficient men are sworn to prize childrens goods the said good shall not be forced on them under pretence of over rateing them for men must discharge their consciences but the execrs or overseers (if the Exrs be not capable) they must take all things according to the prizement. [in margin] 77 an execr lyable to his parents obligation [] That when an Exr is by the Father or Mother's obligation or both concerned being nominated in any speciality the said Execr if he take upon him the Execrship shall be made lyable to the parents obligation. [in margin] 78 ways to church &c be always passable That the Church ways for buryings christenings marriages and for the minister to go on visitation may not be made up but always passable on these occasions at all seasons in the year. [in margin] 79 the clerk neglecting his duty how proceded against If the clerk neglect to do his duty after the first or second admonition, and therefore presentment made by the minister church wardens annd chapter quest he shall not only loose his duty according to the statute but the ordinary may put him out and another by the minister and parishioners election shall be installed by the bishops approbation [in margin] 80 The Sumners corne That the sumner should have by the statute a band of 3 lenights and 3 principal cornes portion like paid of every husbandman: yet it was always accustomed that he was to have half a stock of principal corne when he came to demand it for that because it was impossible that he would reach on every husbandman on the Harvest dat viz half a stock of 12 sheaves high corne of every farmer that hath a Quarterland or if more to be paid according to the Quarterland and if less after the same manner and none to be priveledged from payment thereof to the sumner upon any score [in margin] 81 Execrs &c sworn to bring in a perfect Inventory That the Execrs or Adminrs of all Deceadts to be sworn to bring into our Records a perfect Inventory of all gold, silver, corne chattles and goods as soon as the court in discretion shall think fit or be fined & punished. And if any of ye aforesaid goods be concealed or left uninventoryed the court is to proceed against them for perjury. [in margin] 82 offenders if comited to pay 6d before release That all offenders and disobedient persons ordered to be commited shall pay 6d before their releasmt to the court. [in margin] 83 Whose accuses ordinary vicars genrll to be severely fined vide customary law 68 That whosoever shakk falsely accuse scandalize or any way abuse the Ordinary Viccars General Official or any minister in bad words or deeds shall be severely punished by the ecclesiastical court and proceeded against by suspension, Excommunication Pennance & fine as the fault demerits. [in margin] 84 A deceadrs debtors to clear themselves in court within a year and a day. That any who is indebted to any deceadt and so left his will or any suspected by the Execrs to be indebted shall clear themselves by oath written a year and a day after the probate of the will in courtm but all claimers are to go to the grave as already mentioned in the 9th customary law. Robt Parr } Vicr Genrll Jno Harrison }