'■'^^m w. ( ■VJVTjV- .i;iiS^feiSft^'^. m AT LOS ANGELES A HISTORY OF THE ISLE OF MAN A History OF The Isle of Man BY A. W. MOORE, M.A. TRINITY COLLEGE, CAMBRIDGE, SPEAKER OF THE HOUSE OF KEYS Author of "MANX SURNAMES AND PLACE-NAMES," "SODOR AND MAN " "THE FOLKLORE OF THE ISLE OF MAN," ETC. WITH A NEW MAP OF THE ISLAND VOLUME II LONDON T. FISHER U N W I N Paternoster Square 1900 1 « 1 « « • CONTENTS BOOK IV FROM THE BEVESTMENT TO THE RENEWAL OF HOME RULE PAGE CHAPTER I THE ENGLISH ADBIINISTRATION OF THE ISLAND ... 527 CHAPTER II SOCIAL AND ECONOMIC HISTORY (1765-1866) ... 550 CHAPTER III CHURCH AND NONCONFORMITY ... ... ... 652 BOOK V THE RECENT HISTORY THE RECENT HISTORY... ... ... ... 685 V *-* "-fc- ' ju: 'Lt' i3 *Jt vi CONTENTS BOOK VI CONSTITUTIONAL HISTOBY PAGE CHAPTEE I THE CIVIL CONSTITUTION ... ... ... 737 CHAPTEE II THE ECCLESIASTICAL CONSTITUTION ... ... 842 BOOK VII THE LAND QUESTION AND ITS SETTLEMENT THE LAND QUESTION AND ITS SETTLEMENT ... 871 BOOK VIII THE THREE GREAT INDUSTRIES CHAPTEE I .\GKICULTUKE ... ... ... ... 913 CHAPTEE II FISHING ... ... ... ... ... 941 CHAPTEE III MINING ... ... ... ... ... 960 SUPPLEMENT ... 973 LIST OF AUTIIOKITIES 981 INDEX ... ... ... ... ... 989 BOOK IV FROM THE REVESTMENT TO THE RENEWAL OF HOME RULE VOL. II. 35 ^25 CHAPTER I THE ENGLISH ADMINISTRATION OP THE ISLAND rriHE immediate effect of the changes brought introductory. -^ about by the Revestment was certainly the reverse of beneficial to the interests of the Isle of Man.* The hereditary lords, whose reign had now come to an end, were no doubt far from being model rulers. Their policy may often have been tyrannical or unwise, or influenced by motives of self-interest. But, at any rate, most of them had, to a greater or less extent, taken a personal share in the government of the island, and interested themselves in the well-being of its inhabitants. But when their place at the head of the Manx State was taken by the King of England, the whole direction of its affairs was handed over to officials, for the most part connected with the Treasury, who regarded the island as a pestilent nest of smugglers, from which it was their duty to extract as much revenue as possible, but for which they were under no obligation to do any- - See Chap. II. § 2. 527 528 HISTOKY OF THE ISLE OF MAN thing. In the records of the first twenty- eight years after the Revestment there can scarcely be found an indication, on the part of the Enghsh Government or its representatives, of anything Hke concern for the prosperity of this portion of the sovereign's dominions. In the year 1793, however, a step was taken which opened the way to a more favourable state of things. The Duke of Atholl was made governor of the island. This appointment, which practically amounted to a partial renewal of the ancient lord- ship, seems to have been made partly in the hope that it would put an end to the persistent efforts of the duke to obtain from the Government in- creased compensation for the enforced surrender by his family of their ancient sovereignty, and partly because it was thought that the Manx people might prove more amenable under his control than under that of the Treasury officials. If the Govern- ment really hoped by this means to appease the restless ambition of the duke, they must soon have discovered that they had been grievously mistaken. On the other hand, as a means of reconciling the islanders to English rule, and in the interests of the people themselves — though that consideration seems hardly to have entered into the thoughts of those in authority — the appointment was, on the whole, a fairly successful one. The career of the fourth Duke of Atholl, and his struggles with the people of Man on the one hand, and with the English Government on the other, in defence of what he THE ENGLISH ADMINISTEATION 529 deemed to be his hereditary rights, form an im- portant part of Manx history during this period, and deserve to be related at some length. It has ^^^gsting^ct. already been stated that the Revesting Act, while depriving the Duke of Atholl of his political dominion over the the Isle of Man, left him in undisturbed possession of the rights and privileges, in themselves by no means inconsiderable, v^^hich he enjoyed in virtue of his position as manorial lord. But it was not always easy to determine whether some of the rights formerly exercised by the Atholls had belonged to them as sovereigns or as manorial lords ; and, after the Bevestment, the manorial lord was in a much less favourable position than before for enforcing his demands. It is, therefore, not sur- prising that the third duke and his wife found reason to complain of encroachments on the part of their former subjects ; and they also considered themselves severely wronged by the insufficient amount of compensation awarded to them by the English Government. They did not, however, make any practical effort to obtain redress of their grievances. But their son, who succeeded to the dukedom in 1774, immediately gave evidence of his uncompromising determination not to sacrifice the smallest fraction of what he considered to be his rights. His first step was to endeavour to exact from the Manx people certain manorial dues which had ceased to be paid since 1765. The islanders strenuously resisted, and, moreover, assumed the aggressive, in 1776, by passing an Act for the 530 HISTOEY OF THE ISLE OF MAN The duke is attacked by the Tynwald Court. repairing of highways, draining fens, making boundaries, and preventing trespasses,* all matters which affected the duke as manorial proprietor. In 1777, another blow was aimed at his influence by the exclusion of the ecclesiastical officers from the Council, on the ground that, since the duke no longer had sovereign power, his nominees had no right to the same privileges as the other officers who were the nominees of the Crown. In this year several Acts directed against him were passed. One of these confirmed the Act of Settlement, \ though the duke protested that he had no intention of inter- fering with it ; another deprived him of the payment of herrings and carriage of turf, t formerly con- tributed by the fishermen and tenants respectively for the use of the garrisons and the civil officers, § which, though both the garrisons and the officers ceased to be his family's in 1765, he claimed as due to him; a third regulated weights and measures, |1 the control of which he considered to be one of his prerogatives, and a fourth abolished the Great Enquest,1T the continuance of which he declared was absolutely necessary for the preservation of his property. This legislation, though the duke pro- tested against it, received the royal assent, but Bills for " the settlement of the Lord's Manor Courts and his Manorial Eights and Interests," and for raising ^'- Statutes, vol. i. pp. 297-304. f Ibid., pp. 306-320. I Ibid., vol. i. p. 305. § For explanation of these payments, see pp. 318-20. II Statutes, vol. i. pp. 330-31. H Ibid., p. 337. THE ENGLISH ADMINISTEATION 531 money for expenditure on public buildings, &c., were rejected, the first as being unfair to the duke and the second as an invasion of the Koyal prero- gative.* Irritated by these proceedings, the duke, J^{fjj^g\!'®J_t^^.jj in 1780, brought a Bill into Parliament, the objects of which were to restrain the alienation of lands without his consent ; f to compel the deposit of all title-deeds with his seneschal, who was to be ex-officio a member of the Council ; to re-transfer to himself certain services and rights of which he considered himself to have been unjustly deprived by the Crown at the Revestment ; to prohibit the erection of mills without his licence, and to authorize his servants to enter the houses of all persons to search for dogs and guns and anything that might be used for the destruction of game. This Bill was reported against by the attorney and soHcitor-general of England, and by Sir W. Busk, the attorney-general of the island, and was consequently withdrawn. I Undaunted by ^jf^Sthe this repulse, in the following year the duke peti- i?^*^^*'"^ ^«'- tioned Parhament again, asking for leave to intro- duce a Bill to amend the " Revesting Act." This was opposed by the Government on the grounds that the income of the Atholl family mainly arose ■-'• Commissioners' Report, Appendix (D), No. 34. f For discussion of this question, see Book VII. \ The Keys sent a deputation to London to oppose the Bill, which would have revoked important provisions in the Act of Settlement, and would have given the duke, through his oliicial, the seneschal, greatly increased powers over the land. In 1783, another petition appeared in the Journal of the House of Com- mons, but no steps were taken on account of it. 532 HISTOEY OF THE ISLE OF MAN from the import duties paid by smugglers, and that it was highly improbable that the Tynwald Court would have voted additional taxation merely for the sake of increasing the ducal revenue. It was also opposed by the Keys, whose speaker, Sir G. Moore, together with John Cosnahan,* gave evidence against it at the bar of the House of Lords, con- tending that the island, not the duke, ought to have the benefit of the surplus revenue, and that the Bill contained many provisions contrary to the constitu- tion of the island and injurious to its inhabitants. It, however, passed the Commons, but reached the Lords at too late a period in the session for its full consideration. -f- The duke seems to have been alarmed by the opposition to his claim both in Parlia- ment and in the island," as he desisted from pressing ■■•= Then an M.H.K. ; afterwards High BaiUff of Douglas, and finally deemster. f Parliamentary Eegister, vol. xxi. p. 348, quoted in The Land of Home Bide, p. 223. The duke seems to have chiefly objected to the loss of the herring custom, or payment of hei'rings. He gave evidence, and cross-examined both Sir G. Moore and John Cosnahan. His advocate urged the importance of making a law that deeds of all sorts should be entered in the Lord's Courts, and he pointed out that the duke's right to game was quite defeated by the provision that leave to shoot it could be gi'anted by the governor because he was the " King's Governor" (Pamphlet, dated 1783). \ In 1788, he wrote as follows to his tenants : " I am so far from having any design of disputing the rights of any of my tenants that hold any property or estate . . . that if any per- son whatsoever should think his estate not sufficiently secured under the Act of Settlement, I am willing and ready to give any further security that can be advised or thought necessary" {Lib. Vast.). THE ENGLISH ADMINISTRATION 533 it till 1790, when General Murray moved for leave to bring in a Bill for appointing commissioners to enquire into the extent and value of certain rights, revenues, and possessions in the Isle of Man.* The Government was in favour of the Bill, which, how- ever, was strongly resisted by the Opposition. John C. Curwen, M.P., who was also a member of the House of Keys, said that the duke had promised the House of Keys, in 1787, that he would never introduce any Bill respecting the island into Parlia- ment, without giving them previous notice, but that, in this case, no such notice had been given ; and he asserted that he could prove from authentic docu- ments that the allegations made by the duke were utterly unfounded. The Keys petitioned against the Bill, and were heard by counsel, one of their own members, John Cosnahan, again appearing for them.f It was, nevertheless, read a second time, and the House of Commons subsequently decided on going into committee upon it.+ But the feehng against the Bill was so strong that the Government thought it wise to withdraw it. Pitt, consequently, said that " notwithstanding his full conviction of the propriety, and even necessity, of proceeding with such a measure, yet, after the unfavourable impres- * Pari. Eegister, vol. xliv. p. 307 (Laiul of Home Rule, p. 224). f He and Norris Moore had been sent as a deputation to London by the Keys. Cosnahan made an able and brilliant speech at the Bar of the House. \ Pari. Register, vol. xliv. pp. 885-395 {Land oj Home Hide p. 224). 534 HISTOEY OF THE ISLE OP MAN n 1791 a Commission is ippointed to mquire into ,he matters in iispute. sion which had gained ground upon the subject, he should think it in no degree prudent to attempt to push the Bill further at present." * Being thus baffled in Parliament, the Duke, in the following year, petitioned the King in Council to appoint a Commission, which was accordingly done. Before this Commission he made the following allega- tions : — 1. That the revenues were not fairly collected, even prior to the Revestment. 2. That he had the power of increasing the duties with the consent of the Legislature, and that such consent, to any reasonable degree, would not have been withheld. 3. That his sovereignty over the ports and over Peel island, with its castle, had, with a view of preventing smuggling, been unnecessarily vested in the Crown. 4. That the herring custom, the salmon-fishing dues, the proceeds of Treasure Trove, and the right of free carriage f which belonged to him had been so dealt with that he was unable to enforce his right to them. 5. That the value of his " unappropriated lands " had been injured by the action of the insular Legis- lature. He urged that he ought to have sufiicient authority to prevent his property from being in- * Pari. Register, vol. xliv. p. 561. \ I.e., the free conveyance of turf and other articles by the tenants. THE ENGLISH ADMIN ISTEATION 535 jured, and he denounced the passage of laws secretly,* without either his knowledge or that of the people. The Keys, on the other hand, objected to the Bills passed by the Tynwald Court being pre- vented from becoming law by the duke's influence.! They, therefore, protested against the clause of reservation I in the Act of 1765 which, they de- clared, had created "a sort of imperiimiinimperio,''"'^ and had " produced the dissensions and animosities that at the present moment distract and enflame the inhabitants of the island, and disturb and embitter their small society." § To the duke's allegations the commissioners re- ciLlmiseioners 1- T J. n reply to the plied as follows : — duke's allegations. 1. That owmg to the " defective system which appeared in evidence to have been established for collecting the duties, . . . the Lord's revenues were not fairly collected, or paid, prior to the Revest- ment." || 2. That there was no doubt the lord had the power of increasing duties, but it was not probable that the Tynwald Court would have consented to his doing so " without an equivalent." H As regards * See Appendix A. f In 1788, he received a letter of thanks from some of the Manx people for doing this. \ I.e., of manorial rights, &c. § Commissioners' Report, Appendix (A), No. 43. II Report, p. 7. 11 Ibid., p. 10, i.e., if the Tynwald Court had agreed to increasing the duties, it would not have consented to the duke taking the whole of the resulting surplus. 536 HTSTOEY OF THE ISLE OF MAN the third and fourth allegations, they broadly agreed with the duke's views, but they pointed out with reference to the various items of Treasure Trove, such as wrecks, boons and services, game and unappropriated lands, that he had sufficient pro- tection from the ordinary courts of law, and, as to the fifth allegation, they induced the Keys to give an undertaking which satisfied him. They also persuaded the Keys to promise that they would "concur with the Governor and Council in passing an Act of Tynwald, to render public every intended new law," * and that a copy of every Bill should be delivered to the duke or his agents ; also that they would give the duke " every reasonable and neces- sary relief he can possibly require, with respect to the protection and regulation of his . . . manorial rights." f In consequence of this promise, the commissioners considered that they had no need to proceed further in this part of their enquiry ; but they remarked that the " secrecy with which laws, materially affecting the inhabitants, were passed, furnished, no doubt, a just ground of complaint," I and they decided that those provisions in the laws of 1777 which were " very generally allowed to have been either hurtful or ineffectual " § should " undergo a legislative revision." § These suggestions were accordingly carried out by the Tynwald Court. *' Technically," says Walpole, " the decision of the commissioners was in the Duke's favour ; but at , p. 21. § Ibid., p. 86. ommissioners was in the Dul ■■'■ Commissioners' Report, App. (A), I Ibid., p. 22. I Ibid., p. 85. THE ENGLISH ADMINISTRATION 537 the same time the examination of his claim must have convinced every one that the pecuniary value of the rights of v^hich he may have been unneces- sarily deprived was very small." * The most valuable among them vi^ere the herring customs, worth about £112 per annum,! and the right of free carriage, worth about £130 per annum. I And, moreover, even admitting that he had been deprived of certain rights unnecessarily, there can be no doubt that the duke's parents had been under no misapprehension about the sale of these rights, seeing that they were specified in the Act. Under l^^^gif''-'''^® these circumstances, the Government did not Government, venture to take any action about the duke's claims, but it gave him the upper hand over his adversaries by making him governor, whereby he was practically invested with all the civil patronage in the island, in addition to nearly all the ecclesiastical patronage, which he had before, together with a veto upon all legislation. This greatly embittered the Keys, who, in 1798, when sending their subscription towards the national defence, took the opportunity of pro- testing against " an influence equally unjust and impolitic, which unfortunately for their country " they were " unable to remove." § With the people The position of mi • n • *^'^ duke after the duke was tor a tnne popular. This was due, m 1793. the first place, to his having denounced the Keys - The Land of Home Rule, pp. 226-7. f Commissioners' Report, Appendix (A), No. 28. I Ihich, p. 18. § Feltham {Manx Sac, vol. vi. p. 131). 538 HISTORY OF THE ISLE OF MAN for passing laws secretly, and also to his actions in getting the embargo on the importation from Great Britain of coal, grain, &c., removed, in 1795, and in inducing the Crown to protect the Manx fishermen from being impressed for the Eoyal Navy.* In ^dditionlf ^""^ 1801, the increase of the revenue encouraged him to TnTsjir^'^'^^ address a further petition to the King in Council for some additional compensation. The Keys promptly presented a counter petition in the same quarter. Both of these were referred to a committee of the Privy Council, who handed them on to the law officers of the Crown. Their report was adverse to the duke's claim, being, like previous similar reports, to the effect that the revenues of the island before the Revestment were mainly derived from the illicit traffic. The opinion of the Crown lawyers was endorsed by the Privy Council, on the 31st of March, 1804. The duke then asked that the report might be suspended till he had prepared a supple- mentary petition, praying that a clause or clauses might be introduced into the forthcoming Revenue Bill of the island, granting to him and to his heirs some further share of the insular revenue. This petition was again referred to a committee of the Privy Council, which, without again taking the law officers' opinion, recommended that further compen- sation should be given. This reversal of their previous decision was, Walpole thinks, the result of the influence of Pitt, who had resumed office on -MS. letter of Governor Shaw's, March 11, 1795; also Appendix A. THE ENGLISH ADMINISTKATION 539 the 15th of May.* The duke accordingly, in March, 1805, presented a petition to the House of Commons praying that provision might be made in the Bill referred to, which was then before the House, for giving him relief in respect of the inadequate com- pensation paid in 1765. When the contents of the petition became known in the island there was much agitation against it. In consequence of this, the duke addressed a letter to "the Gentlemen of the Keys, the Landholders, the Merchants and Inhabitants of the Isle of Man," protesting that " in asking of Parliament for a further compensation out of the existing revenues of the Isle of Man, rather than from any other fund," he was " actuated by an ardent wish to link the prosperity of the Island with his own; " f that it would afford him the means of residing in the island, and that such residence would enable him to bring forward measures for the improvement of Manx agriculture, fisheries, manufactures, and trade. These allega- tions were received by most of the Manx people with incredulity, and the Keys promptly sent a deputation to London which presented a petition to the House of Commons against the granting of any further compensation to the duke. On the other hand, a deputation from the principal merchants presented a counter petition to the House of ■^ Land of Home Rule, pp. 230-1. f It was certainly a curious way of obtaining such an end. The letter was printed as a "broadside," dated April 10, 1805, which was posted on the walls, &c., in the island (see Appendix C). 540 HISTORY OP THE ISLE OP MAN Commons, in which they referred to him as " the warm, the active, and the only powerful friend of the Island." * These petitions were referred to a Committee of the House, which recommended that the duke's request should be granted.! A Bill was consequently introduced providing that he should be paid "one fourth part of the gross annual revenue arising from the duties of customs now existing within the Isle of Man," t and, notwithstanding the strenuous resistance of John Christian Curwen and others, it was passed in the Commons. It was also vigorously opposed in the House of Lords by Lord Ellenborough, who declared that the transaction was " one of the most corrupt jobs ever witnessed in Parliament," § and that the manner in which the claim had been pressed w^as "a proceeding which could only be sanctioned by Parliament in the worst and most corrupt times." § This Act gave the duke a direct interest in increasing the insular And succeeds customs dutics. The use that he made of this iu obtaining it. _ position, II together with his policy of appointing Scots, connected with or depending on his family, to most of the paid offices in the island, gradually alienated his adherents among the natives. Between 1805 and 1815, he seems to have only paid three ■-•= Letter of Messrs. Bridson and Stowell (Pamphlet, p. 7). •t For their report about the revenue at this time, see Chap. II. 5; 4. j 4;j Geo. III. c. 13. J Pari. Deb., vol. v. pp. 776-78 {Land of Home Rule, p. 230). li The one-fourth of the customs duties was commuted for jE3,000 a year. THE ENGLISH ADMINISTEATION 541 short visits to the island, and, between 1815 and 1821, he did not visit it at all. In the latter year he again rendered himself acceptable to the people * by opposing the attempts of the Keys to prevent the free importation of foreign grain, and, in 1822, when sitting in the Tynwald Com't, he greatly dehghted them by referring to its lower branch as " a self-elected body, in the choice of which the h^ quarrels •^ ' with the Keys, people of the Island have not the smallest share," f and by asserting that "they were no more Kepre- sentatives of the people of Man, than of the people of Peru." I Such language did not tend to con- ciliate the Keys, who protested against his conduct to the Home Secretary, § but without any result. The duke, however, saw that he had gone too far, and therefore, at Tynwald, on the 5th of July, he held out an "olive branch,"! expressing a hope that all differences would cease, while the Keys agreed that they "might mutually forget and for- give." f But the truce did not last long, being put an end to, in 1824, by the expulsion of the Keys -^ The Keys, when protesting to the Crown against the eccle- siastical members being retained in the Council, had declared that the duke's interests " were, as a subject, often in opposition to those of the Crown and generally at variance with those of the people " {Manhs Advertiser). f Manks Advertiser. I Pamphlet (1824), p. 37. " These remarks were loudly cheered by an assembled concourse of the most respectable natives and other inhabitants" (Isle of Man Gazette). § They accused him of unconstitutional conduct and of exercising "unwarrantable influence" in which "terror" was included (Keys' Journals). VOL. II. 36 542 HISTOBY OF THE ISLE OF MAN And alienates the Council and the landowners. Estimate of his character. from the Court of General Gaol Delivery, a pro- ceeding which they attributed to the duke's in- fluence. At the same time the Council was irritated by a suspicion that he had dismissed a deemster * from his office after a secret enquiry,! and by his preventing the deemsters from sitting in the Court of Chancery ; I and, finally, the landowners were roused against him by the decision of the Privy Council in favour of the legality of the green-crop tithe. § The attempt of the bishop, supported by the duke, to collect this tithe completed the un- popularity of the Atholl regime, and resulted in serious riots. § Having thus both the Legislature and the people, except a few merchants, against him, his position had clearly become an impossible one, and, therefore, the desire of the Government to sever his connexion with the island and his readi- ness to accept the offer which enabled him to do so can cause no surprise. Judged by his actions, he was undoubtedly an able man, with views, in many respects, in advance of his time, but he was very overbearing and autocratic in his manner. Though he did not visit the island after 1826, and his manorial connexion with it was completely severed in 1829, he continued nominally to hold his office of '■^' In this case the deemster in question richly deserved his dismissal, and, moreover, it was not ordered by the duke, but by the Secretary of State. f Pamphlet (1824). I The duke's apologist declared that he had a right to do this. § See p. 661. THE ENGLISH ADMINISTEATION 543 governor till his death in 1830. We will now briefly refer to the purchase by the Crown of his remaining rights in the island. To this end an Act * was passed in 1825, in accordance with which arbitrators were appointed by the Treasury and the duke to ascertain the value of them. After a protracted ^^iduke"''' enquiry, they arrived at the following valuation : — rf^ts!"°^ Annuity under Act of 1805 JE150,000 Lord's or quit rents and alienation fines ... ... 34,200 Ecclesiastical patronage, possessions of the religious houses, demesne lands, glebe lands, wastes, mines, quarries, services or Avorks of tenants, rectories, tithes commons, forests, and all other rights reserved by the Act of 1765 f232,944 Je417,144 revenues. The first item was paid in 1826, the quit rents, &c., in 1827, the purchase being finally completed in 1828. A Bill to give effect to these sales and con- veyances was introduced into the House of Commons in 1829, but was not proceeded with, probably because the Government considered that it was not necessary. But an Act I was passed to place the Ai-rangements land revenues and other possessions thus acquired under the management and control of the depart- ment of Woods and Forests. These were treated as part of the hereditary revenues of the Crown, which George IV. and his successors, following the example of George III., placed at the disposal of * 6 Geo. IV. c. 34. \ Of this the patronage of the bishopric, with 14 advowsons, was valued at jE100,000. + 10 Geo. IV. c. 50. 544 HISTORY OF THE ISLE OF MAN The bargain between the Crown and the duke discussed. Description of the period 1793-1S36. the House of Commons during their lives, the House making other provision * for the Crown, t The price received by the Atholls was no doubt an exorbitant one. For the sovereignty and customs they received in all £349,600 ; I for the patronage, which was practically of no value, i*100,000 ; and for their landed possessions, rents, royalties, &c., ^6167, 144. § But, nevertheless, the Crown, or rather the English Government, made what ultimately turned out to be a good bargain,!; seeing that they gained from the surplus revenues of the island before 1866 more than the whole sum they paid to the duke, and, besides this, they have received excellent interest on the sum paid for the landed estates, royalties on mines, &c.1[ The restored Atholl rule between 1793 and 1826 was distinctly more beneficial to the island than the Imperial rule which immediately preceded it. Auto- cratic, but kindly, and, except perhaps in the appoint- ment of his countrymen to the most lucrative positions in the island, conscientious, the fourth - By Act 1 Geo. IV. c. 1. f Gell {Manx Soc, vol. xii. pp. 149-152). I In 1765, j£46,000 for sovereignty and ^£24,000 for customs ; annuity of the duchess from 1765 to 1804, £1,740 amiuall^' (i.e., JE2,000 Irish) = j£69,600 ; £3,000 a year from the customs to the duke, her son, between 1805 and 1826 = £60,000, and £150,000 in 1826. § Lord's rents, £34,200; royalties, &c., £182,944. II Leaving out of sight the advantage of suppressing the smuggling and the disadvantage of receiving no payment from the island for naval and military protection before 1866. 11 See pp. 613-4, and Appendices C and D. THE ENGLISH ADMINISTRATION 545 Duke of Atholl wielded a power which his prestige as the descendant of the ancient ruHng family, his position as manorial lord, and his influence with successive English Governments, rendered all but despotic. And yet, while during the first period trade, agriculture, and fishing languished, the har- bours silted up, and the public buildings decayed, they all made some progress at least during the second. This result was, we believe, mainly due to the fact that, before 1793, Manx interests were almost entirely neglected, but, after that date, though the duke quarrelled with the Keys and was unduly solicitous for his pecuniary interests, he did (some- what spasmodically, it is true), exert himself to promote the welfare of the island. After his departure, the English officials again ^^l^'^^i^ again. resumed their sway. But they were more con- siderate officials than before. Moreover, since smuggling had almost disappeared, and the Manx revenue was producing a large and increasing surplus, the Isle of Man came to be regarded more favourably, and, thanks to this fact and to the exertions of the Manx people themselves in 1837, 1844, and 1853,* it was indulged in a somewhat less stringent customs tariff and an occasional dole towards re-erecting its much neglected public works. This improvement in the state of affairs was some- what accelerated on the arrival of the liberal-minded Governor Hope in 1846, and, to a still greater extent in 1863, by the assistance of the able and energetic ■■■■ See pp. 605-614. 546 HISTOEY OP THE ISLE OF MAN Governor Loch. Both these governors, instead of merely obeying orders from England, had the courage to assist the Manx people in their various controversies with the Imperial Government, with the ultimate result that, during the last year of this period, a measure of at least nominal " Home Kule " was obtained.* APPENDIX A. " To the most puissant Prince, John Duke of AthoU, Earl Strange, Lord of Mann and the Isles. " We whose names are hereunto subscribed your Grace's Tenants within this Isle — being given to understand that j'our Grace, being not unmindfull of their peculiar as well as dis- tressfull situatioii — having no Representative in the Legislature of their own Country elected by themselves, nor any Represen- tative in the Parliament of Great Britain — has been most gi'aciously pleased — by a timely and powerful! Interposition with his jMajesty's Ministers to put a stop to the Progress of some Act or Acts of Tynwald passed by the Legislature of this Isle and transmitted to his Majesty's principal Secretary of State — for raising a considerable sum of money by Taxes on the Property real and personal of your Grace's Tenants for unnecessary purposes totally unknown to the Inhabitants of this Country. "That the mode of Taxation, and the particular subjects which were to be the object of the Act or Acts passed by the Legislature for the purposes we have mentioned are unknown to us — the passing thereof hy the Legislature here, being carryed on in the most private and secret manner and no person what- ever being admitted to hear their Deliberations. " That this Isle from the poverty of its soil, the Emigration of the natives to the mother country and elsewhere — its very limited Trade, the great sums annually drawn from it for Salt, Timber, Meal, Cordage, Iron, Coals, Groceries, Ac, the great ■■■■ See p. 812. THE ENGLISH ADMINISTKATION 547 Expense incurred in carrying on its Fisheries, every article used tlierein being liable to an Insular Duty, added to the peculiar unfortunate circumstance of seven-eighths of the real property within this Isle and held of your Grace, being under mortgage, would render it impossible for the Inhabitants in Gener' to pay the said Taxes and 3'our Grace's Rents and Fines also. "We therefore beg leave to offer to your Grace, as our natural Patron and Representative, our most humble and gratefull thanks for an Interposition so Seasonable so benevo- lent and unsoUicited — and we beg leave to assure your Grace, that we always did, and still continue to place the highest Con- fidence in your Grace's Paternal Care and attention to the Inhabitants of this Isle." (Names not given. Loose Paper in Rolls Office.) APPENDIX B. " Manxmen, We are called upon to Sign nothing Bliiully, — that is right,— but are we to be asleep ? No ! " A question of the greatest importance to this Country is before the British Parliament. " Whether the Duke of AthoU shall have farther compensa- tion for Rights sold by his Family to the Crown ? I, and all of you, no doubt, thought the British Parliament were fully competent to judge of His Grace's Claims, — but it seems we were mistaken; — The Honorable House of Keys think other- wise : We must not therefore be longer Silent : Let us unite in a respectful memorial to the Honorable House of Keys, stating our Sentiments. " But before Signing, let us cooly ask ourselves the following Questions : " Are we to be Eternally at War ? Is the British Parliament competent to judge of His Grace's Claims ? Ought we not to rely on their impartiality and justice ? Ought we blindly to oppose just and Equitable Claims ? Will Parliament admit of any other ? Is it the Duke's interest to oppress us ? Has he ever oppressed us '? Cannot we resist if he does ? Who has hitherto been our Friend, and bro\ight us the Benefits We have already received ? Who got our Herring Bounties increased, continued, and put upon an Equitable footing ? Who got Pro- 548 HISTOEY OF THE ISLE OP MAN tections for the Fishermen ? AVho got us Money for Repairs of Hai'bours and Pubhe Buildings ? Who prevented our Fishing Boats paying Two Guineas each annually, whether they caught Fish or not ? What would have become of us last Year, had we had this Tax to pay ? Who prevented every Shopkeeper from paying Two Guineas annually for liberty to sell Wine and Spirits ? — The Duke I — What is to become of us, should the Dulie turn his Back on us ? Wlio will step forward with equal good-will and power, to Cherish and Protect us ? " My Countrymen I think seriously on these things, while it is yet called to-day, or the Hour of Repentance may come too late. " April 20th, 1805." (Printed by T. Whittam.) APPENDIX C. "To the Gentlemen of the Keys. The Land-holders, the Merchants, and Inhabitants of the Isle of Man. " The Hereditary Descendants of your ancient Sovereigns, by His Majesty's Grace and Favor, the Representative of the King within the Island of Man, The Territorial Lord and Natural Protector and Defender of the Rights and Interests of every Inhabitant thereof ; is desirous, in the most public way to make known the whole extent of his Aim and View : It is not his desire or wish, to prevent in any degree, the Advantages which flow to the Isle of Man at this time, by Bounties on Herrings, or otherwise : On the contrary, he wishes to increase and enlarge those Advantages. " He does not wish, nor has any intention to propose, the Increase of a Farthing on your existing Duties ; but only to render the Importation for the Consumption of the Island more easy and expeditious. " In asking of Parliament for a further Compensation out of the existing Revenues of the Isle of Man, rather than from any other Fund, he is actuated by an ardent wish to link the Prosperity of the Island with his own ; to have the means of residing among you in a manner suitable to the Situation he fills ; and by such residence, to be able to bring forward Measures for the Improvement of your Agriculture, your Fisheries, your Manufactures, and your Trade. THE ENGLISH ADMINISTRATION 549 " One word on the Act of Settlement of 1703 : If that Act is in your estimation good, say no more about it : But if any doubts exist, accept from me a full Confirmation of it in what- ever mode or shape you chuse. " Let us cordially unite in Plans for the Good and Prosperity of our nice little Island ; let us row in one Boat ; let us give a tight pull, and a pull altogether; and suffer me (in right of an ancient Lord of the Island, who, among other Princes, rowed a King of England on the River Dee, some Centuries back) to be Stroak Oar. " Athole. " Portman Square, April 10, 1805." r CHAPTER II SOCIAL AND ECONOMIC HISTORY, 1765-1866 § 1. Condition of the People. 'N our account of the social conditions of the period ending with the Revestment, we showed that the Manx labourers, while almost entirely restrained from leaving the island, were practically, though not legally, free to make their own bargains wa^e^^'^'^ for wages, if they were not " yarded." A few years after the commencement of the period with which we are now dealing — viz., in 1777 — yarding and all regulations and restrictions of labour were finally done away with.* But yet, between 1765 and 1793, the condition of the labourers seems to have become worse rather than better. The temporary collapse of agriculture and trade just after 1765 I led to the departure of above a thousand of the people — for want of employment,! and, again, in 1791, "numbers ''•• Though, by seemingly an unintentional oversight, the Act of 1691 relative to labour was not then repealed, and has not since been repealed, notwithstanding that the fixing of wages by justices has been illegal in England since 1813. t See pp. 597-8. \ HiMe&lei/s Memoirs, p. 225. 550 SOCIAL AND ECONOMIC HISTORY 551 of every description were forced to migrate to other countries, and the Island seemed fast descending into that very miserable state of containing a few great Landowners * and . . . their miserable de- pendents." f Men's wages between 1765 and 1793 varied from 6d. to 8d. a day, without keep, and they got from £S to £5 a year, with keep, while women got from 30s. to 50s. Carpenters received from Is. 5d. to Is. 6d. per day, and masons from Is. 6d. to Is. 9d.l After 1793, the large number of troops and other wages increase visitors in the island stimulated the demand for agricultural produce, and, consequently, for agri- cultural labour. Wages therefore rose, being at the end of the century from 8d. to Is. per day for labourers, without keep,§ or £6 6s. a year, with keep. Boys got £2 2s. a year, and women 6d. a day and 8d. in harvest.il But, as prices had risen somewhat more in proportion, the labourers were not as well off as before. By 1812, there was a still further increase in the nominal rates of wages, though, owing to the depreciation of the currency, the real improvement was less than the figures would seem to show.!l " Job " labourers got, in the towns, from Is. 8d. to 3s. per day, and, in the country. Is. 4d. to * Those who had made fortunes in smuggling invested in land or mortgages. I Comrs.' Report, No. 83. (Letter from Lieut. -Governor Shaw.) [ Lib. Scacc. § The lowest agricultural wage found by Young in England in 1781 was 4s. 6d. per week in Lancashire. II Feltham (Manx Soc, vol. vi. p. 208). 552 HISTOEY OF THE ISLE OF MAN 2s.* Farm men-servants received from £12 to £'20 a year, with keep, and women-servants from £5 to £8. The regular weekly wages were, near the towns, 9s. in the winter, and 12s. in the summer ; away from the towns they were 8s. in the winter, and 9s. in the summer. The labour paid for at these rates, however, seems to have been inefficient, since the farmers found it to their advantage to hire experienced Scottish labourers " at double wages." f Masons, carpenters, and quarriers, at this time, got to'do*'sotnr ^^°^ 2^- ^° ^^- ^^- ^ ^^y-^ ^y ^^^^' wages had Sn^toTaff'^' already begun to decline, being then from ^612 to £14 for men, and from £4 to £7 for women, § while day labourers got about Is. per week less than the wages quoted above. This was due partly to the depression in farming, and partly to the large number of Manx soldiers and sailors who had been discharged in 1815 and were competing for labour. By 1824, they had fallen further to from £10 to £12 for men, from £3 to £5 for women, and from 5s. to * Quayle, p, 21, and Lib. Scacc. Quayle remarks that " the emission of paper money, . . . and the general displacing of coin from the circulation, have disturbed the present prices paid for labour so considerably, that the registering of them can be of little other use than as furnishing data for com- parison." f Wood, p, 45. \ Quayle, p. 21. Dry, rough walling cost Is. yer j'ard, house walhng Is. 6d. to 2s. The fees to witnesses for each day's attendance in court were fixed as follows in 1813 : For loss of time, tradesmen, Is. 9d.; tradeswomen, Is. 2d.; labourers (men and women). Is. 2d. Travelling allowances: Ti-adesmen and tradeswomen, for each parish passed through, 7d ; labourers (men and women), ditto, 4d. {Statutes, vol. ii. pp. 304-5). j Bullock, p. 370. SOCIAL AND ECONOMIC HISTORY 553 8s. a week for day labourers.* But, fortunately, some of the labourers possessed a cow or two, besides pigs and poultry, and they had allotments on which they raised " a great part of the food for their families." f On the whole, then, it is doubtful whether, even during the period 1793-1816, not- withstanding their higher wages, I and the fact that the nominal increase of prices was in part fallacious, Manx labourers were better off than before ; and, between 1816, when wages fell, and 1825, it is fhe^fi&rers certain that their position, in consequence mainly of bet^elnlsie' the high price of bread, § was much worse. The distress, especially in the towns, was very great, and it became a heavy tax on the resources of the charitable, II since there was no poor law, or organized system of poor relief. Great numbers of poor people wandered over the island begging, IT and crime, especially sheep-stealing,** enormously in- creased. tf At last, in 1825, some alleviation of this it is somewhat alleviated by state of things was again obtained from large emi- emigration. gration, and also from the constant increase in the '^'- Lib. Scacc. f Quayle, p. 49. I They were largely paid in the local tradesmen's notes, which were at a considerable discount. § See Trade. |! Quayle, p. 31. •I "The multitudes of beggars all over the island have become a public nuisance" (Manks Advertiser). ■•"'•' Largely in consequence of juries refusing to convict on account of the death penalty. There were, however, several executions for this offence. If 1824 may be approximately fixed as the date at which the Manx labourer reached his lowest depth of misery. This, according to Walpole {Hiatorij of England, vol. v. p. 503), occurred in 1842 in England. 554 HISTOEY OF THE ISLE OF MAN number of stranger residents and summer visitors,* which caused the rapid extension of Douglas, and, to a less extent, of the other towns. In 1830, day labourers only got about Is. a day, without keep, and farm labourers by the year, with keep, from i610 to £12. t In 1840, day labourers got from Is. to Is. 4d. a day, without keep, and 8d. with it, farm labourers getting from ^£12 to £14, and farm servant girls, £4. In the same year, joiners, masons, tailors, and shoe- makers got 2s. 6d. per day, without keep, or Is. 6d. with it. These wages, considering the lower range of prices, put the labourers in a somewhat better position than between 1816 and 1825. In 1846, however, their position again declined owing to the failure of the potato crop. On account of this, in January, 1847, an application was made by the Keys to the Treasury to obtain a grant from the surplus revenue to give employment to labourers and relieve Distress in 1847. distress. A reply was received to the effect that, before such a grant could be made, there must be a thorough enquiry into the condition of the people and the amount of food available for their support. The outcome of this enquiry was a decision that the destitution in the country was not so great as to warrant an application for a grant. Thus it is clear that the Manx were much better off than the Irish at this period. Nevertheless, in Man, as in Ireland, ■■■■ See p. 588. I Walpole {History of England, vol. i. note p. 503) gives the average daily wage of unskilled labour in England at 2s. 6d. a day in 1816, at 2s. in 1836, and again at 2s. 6d. in 1856. SOCL\L AND ECONOMIC HISTORY 555 this scarcity of food resulted in increased emigration. Between 1847 and 1851 such large numbers of em^^^tion Manxmen went to America and Australia, attracted 1^1"^®*'''° by the gold discoveries in California in 1848 and in Australia in 1850, that the population in the country districts, especially in the north, rapidly decreased. In consequence of this a considerable rise of wages followed, day labourers, in 1866, getting from 2s. to 2s. 6d., and, by the year, £25 to £30,* while mechanics received about 4s. a day. Emigration, the increased demand for agricultural various causes ° ' o of the labour, and the advent of the visitors had thus been l^fbe^®'"^"'' the chief causes which operated to bring about an po^sitiotfsmce increase in the rate of wages. But there were other causes at work which had a share in improving the position, not only of the labouring class, but of Manx- men generally. Chief amongst these were the repeal of the Corn Laws and the destruction of the old commercial system by Sir Robert Peel. The increase of the duties on spirits, the decrease of the duties on tea, after 1853, and the passage of the Taverns Act in 1857, t whereby the facilities for drinking were somewhat restricted, had also some effect, because Manxmen, who were also greatly influenced by the temperance movement, drank less spirits and more tea. The good results of this were soon apparent. There can, then, be but little doubt that the '■^'- With a cottage, and perhaps some fuel. The old system of feeding the labourei-s, except sometimes at mid-day, was be- coming less frequent. | See pp. 581 and 645. 556 HISTOKY OP THE ISLE OF MAN It was much better in 1866 than in 1765. Machinery for poor relief inadequate. The House of Industry. condition of the able-bodied Manx labourer was much' better in 1866 than in 1765, though, at the same time, the difficulties in supporting the aged and infirm poor had become even greater than before. The machinery for this purpose continued during the whole of this period to be in the hands of the Church ; but, by 1814, its efforts were found, in Douglas at least, inadequate to cope with the large amount of destitution and misery that then existed. In that year, therefore, a Society was formed to solicit funds for bettering the position of the poor, and an institution * was established in Sand f Street, Douglas, where twenty-five people were wholly sup- ported, and, in addition to this, a number of others received partial relief. I This good work failed, about 1820, from want of support, but it was renewed and carried on on a permanent basis by the establish- ment, in 1837, of the present House of Industry, which was founded by a donation of £500 out of the funds belonging to the minister and wardens of St. Matthew's Church, as trustees, for the poor of the town, and was vested in twenty-four trustees, who were also a committee of management ; twelve of these trustees being the ministers and wardens of the Douglas churches, and twelve being elected from the subscribers to the funds of the institution. § A ■■'- It was in charge of a housekeeper, and a cook was also kept. t Now " Strand Street." I In 1815, £660 was spent. Eighty-five poor received a breakfast and dinner daily ; seventy received from Is. to 2s. a week, and fifty from Is. 6d. to 2s. a month. § Brown's Directory. Comrs'. Report, App. (B), No. 84. SOCIAL AND ECONOMIC HISTOKY 557 still more decided departure was the establishment of a dispensary in Douglas, in 1839, and of a hospital in the same town, in 1850. As regards prices, we find the following figures : — Prices. In 1765, a cow could be bought at from £2 10s. to £4. A calf cost 4s. and a sheep the same price. Tea varied from 3s. to 7s. 6d. per lb. A bottle of rum cost Is. In 1791, there is the evidence of Governor Shaw to the effect that " since 1776 the necessaries of life have more than doubled in price, some of them trebled," * and, between 1793 and 1815, they rose still further. Thus, in 1793, beef and mutton cost from 2^d. to 4d. per lb. ; in 1812, they were from 5d. to 7d.; in 1815, 7d.; and, in 1824, they had fallen from 4Jd. to 5d. Eggs, which in 1793 were 2d. a dozen, reached an extreme price of 20 for Is. in 1815, falling to 42 for Is. in 1824. Milk rose from Id. a quart to 3d., and butter from 2d. per lb. to 14d., falling, in 1824, to 9d. Prices of oats and barley f varied very much as in England, though they were usually lower.! Fowls and ducks rose from 6d. to 2s. a couple. § Brandy and Hollands cost lis. 6d., and rum from 6s. to 8s. 6d. a gallon ; tea from 4s. '■''• Remembering that owing to the condition of the currency these prices were partlj' nominal. f In 1810, barley was 74s. and oats 40s. to 48s. per quarter. In 1816, oats was 30s. In 1822, barley was 44s. I For special causes affecting price of wheat, see pp. 658-60. § These were the Douglas prices ; at Castletown they were somewhat lower, and at Ramsey and Peel lower still. The evidence about prices is for the most part derived from the Lib. Scacc, the Manks Mercury and Advertiser, Woods, Bullock, and simdry Guide Books. VOL. II. 37 558 HISTOEY OF THE ISLE OF MAN to 6s., and refined sugar from 9d. to Is. per lb. ; while salt was 3s. per hundredweight. This com- parative lowness of prices was evidently one of the chief attractions of the island to strangers.* In 1824, the rent of a ten or twelve roomed house in Douglas was from ^30 to <£40, and board and affecWngthe ^^^g^'^g i^^ the best stylc was 21s. a week.t The prices of wheat • e j-t. j'j.' t- j." j and bread. prices of the Commodities we have mentioned were, for the most part, affected by natural causes, but those of wheat and bread were, between 1775 and 1822, interfered with by artificial regulations. At first these took the form of embargoes on the export of Manx wheat, which tended to reduce its price in favour of the consumers, but, for some years after ofthe°"''^ 1798, the land-owning interest, which was all- powerful in the Legislature, succeeded in putting a stop to them, except in 1808, when an embargo on provisions was imposed for some months. This was acquiesced in by the people till 1812, when, there having been a poor harvest, an attempt to export wheat led to a riot in Douglas. The mob proceeded to unload a vessel containing wheat, but, before they could complete their work, the soldiers from the garrison at Castletown arrived and arrested the ring- leaders. The governor then promptly put on an embargo, which, however, was removed by the Duke of Atholl, who arrived in the island in December, ■■'■ Jefferys, p. 64, and Woods, p. 97. f Woods (p. 99) says, in 1811, that he was mfoiToed that " half a century ago, a gentleman might keep his carriage and live sumptuously for j£100 per annum." landowners. SOCIAL AND ECONOMIC HISTOKY 559 and exports of wheat went on as before. Between 1814 and 1816, there was a series of bad harvests, so that a considerable quantity of foreign corn was imported, and, in the latter year, the governor again imposed an embargo on Manx wheat. This so alarmed the Manx landowners that they petitioned the English Government to place the island under the operation of the English Act of 1815, whereby the importation of foreign corn for home consumption was prohibited, when the price was below 80s., and of colonial corn, when below 67s. per quarter.* No notice was taken of this petition, but, in 1819, in response to a further and more urgent appeal. Lord Sidmouth ordered the governor to stop the impor- tation of wheat. The governor obeyed, but protested, and, after some correspondence with the Board of Trade, importation was again permitted. The Keys, however, were determined to keep up the price of corn, and so, in February, 1821, they presented a petition to the governor, in which they denounced the free importation of foreign grain as " a practice which manifestly tends to the ruin of the agricultural interests of the island." 1 This petition was for- warded by the governor to London, and, in the following July, the Isle of Man was, by an Act of Parliament, placed in the same position as the United Kingdom with respect to the importation of * It could be warehoused in England and exported, free of duty, but, until price of wheat reached 80s., it could not be used for home consumption. f Manks Advertiser. 560 HISTORY OF THE ISLE OF MAN corn.* That is to say, when the EngHsh ports were closed against the importation of foreign corn, meal, or flour, for home consumption, the Manx ports The were also closed. Thereupon the price of flour and riot in October, bread rosc rapidly,! and a riot took place at Peel on Monday, the 1st of October, when the people broke the windows of the flour-dealers and compelled them to sell flour at the rate of seven pounds for a shilling. On the 2nd, one of the deemsters went there to enquire into the circumstances of the riot, and its ringleader, who had created a disturbance in court, was locked up by the deemster in person, because he could not find a constable to act. The populace then stormed the gaol and rescued the prisoner, but the yeomanry cavalry, the only local force which could be depended on, seized him with a few others and placed them in Castle Kushen. On the 4th of October, another riot took place in Douglas headed by a man from Peel in woman's costume, but he and another of the ringleaders were promptly arrested by a small force of half-pay officers and incarcerated in Castle Rushen. The riot, however, continued, so that, the next day, a number of special constables were enrolled, " and a formidable force was kept at the Free School in Atholl Street under arms," I whereby the people were overawed. On the 4th and 5th, the House of Keys met and decided to "examine a jury of 6 men, concerning the quantity of grain - By 1 and 2 Geo. IV. c. 87. + From 7d. to Is. for 5^ lbs. of the best flour. ^ The Rising Sun. SOCIAL AND ECONOMIC HISTORY 561 and potatoes in each parish, and to lay an embargo on the exportation of oats, barley, and their meals, and of foreign wheat and potatoes and flour made from foreign wheat," * and, on the 4th, the governor issued a proclamation that the embargo on exporting corn should be renewed till the 26th of November. Prices of grain then speedily came down, and the people, knowing that a considerable quantity of foreign wheat was stored in the island,! were temporarily quietened. On the 14th of October, a detachment of the 29th regiment was landed to assist the special constables in keeping order. On the 31st, the duke t^l'e^Duke o°^ arrived, after six years' absence, and found that, ^^^°"" though the riots had been suppressed, the people were still dissatisfied and uneasy. On the 26th of November, he summoned a Tynwald Court, and, in addressing it, remarked that the cause of the late riots was "the rise in the price of grain owing to the speculations of persons on the other side of the water, founded on the expectation of a bad harvest." I He succeeded in persuading the Court, while not renew- ing the embargo on exports, to petition the Crown to restore the free trade in foreign grain. This removal of the embargo caused some further dis- turbances, especially in the northern district, and the duke, who had received a warning that the troops must shortly be withdra\\Ti, thereupon swore * The Bising Sun. f This had been bought at 4s. per bushel, and was offered for sale at 9s. I The Rising Sun. This, however, had not been altogether reahzed. 1830 and 1866. 662 HISTOEY OF THE ISLE OF MAN in an additional number of special constables, both in Douglas and Kamsey.* At the same time he took the opportunity of addressing the people and in- forming them that he had pardoned all those connected with the late riots, except two, whom he had reserved " from their general bad characters as proper subjects for pubHc example." t He also assured the people that, as long as he had a loaf, they should not want their daily bread. These measures and promises, together with the arrival of some more foreign grain (the assent of the Crown to its free importation having been obtained), soon restored tranquillity, pricefbetween Between 1830 and 1866, prices of such com- modities as beef, mutton, poultry, and butter rose,l but this increase was partly counterbalanced by the fall in the price of bread, groceries, and clothing, especially after 1844, when the "licence sj^stem " came to an end.§ The price of oatmeal, milk, and potatoes 11 did not vary much, so that the purchasing power of the Manx peasants had undoubtedly increased.il ''■'■ On Nov. 29th at Douglas, and Dec. 1st at Ramsey, i Pamphlet (1825), p. 122. I Beef and mutton from 4d. to 8d. per lb. ; pork from 2d. to 5d. per lb. Fowls from Is. to 3s. per pair. Butter from. 7d. to Is. per lb. (These prices are approximate.) § See p. 622. II Till after 1866 they ate but little meat. Their food, in 1811, consisted chiefly of butter-milk, potatoes, barle^'-cakes, stir-about, and herrings (Woods, pp. 45-6). •J Considering the change in the value of money. In 1840, sheep cost from 7s. to 8s., milking cows from £5 to ^7, and potatoes from 4s. to 5s. per boll of 32 stones. SOCIAL AND ECONOMIC HISTORY 5G3 At the end of the eighteenth century, the houses Houaes. of the people were described as " miserable huts," * built of turf and thatched, the walls being seldom above seven feet high.t By 1812, there was some improvement. Most of the cottages were then said to be built of unhewn stone, though the "meaner" ones were still constructed of sods, and usually contained " two rooms on the ground, sometimes with, sometimes without, a solitary window. I We are told that the smoke from a peat fire, which was intended to issue at a hole at one corner of the roof left for that purpose, did actually, for the most part, take possession of the room, and emerge from it by the doorway. In 1816, the " mud-walled cabin and thatched roof" were "giving place to erections of brick or stone with slated tops." § After 1840, the houses of the poorer class still further improved. This was mainly due to the fact that, since the land was gradually falling into fewer hands, many pro- prietors were men of sufficient means to enable them to erect better cottages on their estates. Much, however, still remained to be done in this direction. Let us now refer to the small but rapidly in- '^he towns. creasing towns, where the people were probably in "■'•'■ Robertson, p. 196. f Feltham, p. 120. An English officer who staj'ed for two 3'ears in the island at this period wrote : At present they are no "better sheltered from the inclemencies of the weather than the beasts of the fields " (Townley, vol. i. p. 4.5). \ Woods, pp. 37-8. See also Quayle, pp. 22-3. § Bullock, p. 250. See also Robertson, p. 156, and Quayle, p. 150. 564 HISTOEY OF THE ISLE OP MAN a somewhat better position.* In 1776, there was an attempt to improve the condition of the towns by the passage of a law ordering that the pave- ments f of the streets should be made by the proprietors of the adjoining houses, that the streets should be kept clean by the inhabitants, and that pigs were not to be at large, t Douglas. Douglas, about which there is much more in- formation than about the other towns, was said to be "very populous " § in 1791, although a century earlier it had been " little more than a group of clay built cottages." § In 1810, the streets were described as " very irregular, and, in some places extremely narrow," ; and the houses were "low and ill-constructed, crowded together without regard to convenience and uniformity." 51 In the same year, however, two new streets, Duke Street and Sand** Street, which were the first streets to be paved, were begun, and, by 1816, a large number of new and better houses had been built. ft In 1818, -■' Though it is significant that Woods said (pp. 107-8), when he ^^sited the island in 1810, that he could not obtain anj' blotting-paper in Douglas, and that the only person who sold books was a bookbinder by trade. There was, however, a circulatmg library. f See p. 411. I Statutes, vol. i. p. 301. But this does not seem to have been done. See next page. § Eobertson, p. 15. || Woods, p. 104. IT Bullock, p. 206. Do^\•n to 1808, the streets had no names, and the houses were unnumbered till 1843 (Train, vol. ii. p. 366). *=■■' Now Strand Street. It and Duke Street were then the extreme limits of the town on the northern and western sides. If Manha Advertiser, 1816. SOCIAL AND ECONOMIC HIRTOKY 565 the stone bridge over the harbour was built, and, between 1820 and 1829, many houses were erected in the suburbs.* It was not till 1829 that the streets were lighted, and then only by a few oil lamps. Douglas is described at this time as con- sisting of "a most extraordinary lot of narrow lanes . . . Duke Street being the main thoroughfare, where were the principal shops ; though even there some of the gentry had residences." f The streets, or lanes, were paved with stones from the shore, and half lit with oil lamps, while they were drained by "open gutters," and "the whole place was full of dirt and bad smells." I Another observer con- firmed this account of the streets, but remarked that the houses were "respectable" and the shops " spacious and strong, and worthy of any English country town." I An Act passed in 1836, obliging a company, which was then formed, to supply public lamps with gas, was not taken advantage of till 1860. § By the Justices Act of 1836 :; bye-laws could be made by the high-bailiff, or two justices, •'■ It may be mentioned that in 1804 the ducal palace of Castle Mona, built of dressed white freestone from the Isle of Arran, was completed at a cost, it is said, of more than ^640,000. i H. S. Brown, Memoirs, p. 4. \ Teignmouth, vol. ii. p. 184. § Statutes, vol. ii. pp. 70-83. There were only a few private houses in Douglas lit by gas as late as 1843. By January, 1860, there were twenty-two public gas lamps in Douglas. For supply of water in 1834, see p. 570. II Statutes, vol. ii. pp. 97-103. In 1838, a covered market was built in Wellington Street, but, since the country people would not use it on account of the charge made for staUs, it was soon abandoned. 566 HISTOEY OF THE ISLE OP MAN subject to the approval of the Tynwald Court, for the regulation of towns, but nothing was done to carry this out. It seems, indeed, to have been a time of absolute apathy and inertness in municipal affairs. The entire control of Douglas was in the hands of the high-bailiff. The injustice and hard- ship of this system was constantly complained of ; and yet, when the townspeople held a meeting in 1844, at which they passed a motion praying the Legislature to pass a law for lighting, watching, paving, and cleaning* the town, they rejected a proposal in favour of the election of a town council. The Legislature did not do anything to fulfil the request of the meeting till 1852, when, having received an urgent petition about "the absence of a suitable system for lighting the streets," i it passed an Act by which fifty or more householders might require the high-bailiff to ascertain whether the inhabitants desired its provisions to be put in force. If so, they might elect commissioners,! of whom the high-bailiff was to be chairman, to carry it out. The property in the towns was to be valued, and the rates were not to exceed 2s. in the pound. § This Act was permissive, and no advantage was taken of it, there being strenuous opposition in Douglas to its being made compulsory. It was not till 1860 that a compulsory Act was passed, and that was for * Mono's Herald. f Manx Sun. ■ \ Douglas nine, and the other towns six each. § Statutes, vol. ii. pp. 297-306. SOCIAL AND ECONOMIC HISTORY 567 Douglas only.* By it the high-bailiff's powers as to the streets, &c., were transferred to the commis- sioners, and the townsmen were exempted from highroad labour, though, in lieu of it, they had to pay three shillings for each house. Soon after the promulgation of this Act, Town Commissioners, nine in number, were duly elected, and they at once proceeded to make extensive reforms.! In 1864, they obtained the right of making bye-laws, which had to be confirmed by the Tynwald Court. I We now come to Eamsey, which, at the end of Ramsey. the eighteenth century, was referred to as a " small neat town," § but irregular, j| and, in 1829, its streets were stated to be narrow, and its houses " neat and cleanly from the presence of whitewash." M It obtained a water Act in 1859,** a gas Act in 1857, ft and was incorporated with seven commis- sioners having similar powers to those in Douglas, in 1861.11 "- Statutes, vol. iii. pp. 1-13. f The gross valuation of Douglas at this time was ^41,512, and the net valuation jE33,318. Inhabited houses, 1,727 ; unin- habited, 40. I Statutes, vol iii. pp. 114-124. We may mention that, in 1860, the residence of the governor was transferred from Castle- town to Douglas, and, after 1864, the practices of holding the Common Law Courts alternately in Castletown and Douglas, and of occasionally summoning the Legislature to sit in Douglas, grew up. § Feltham, p. 143. il Bullock, p. 233. If Teignmouth, p. 186. ** Statutes, vol. ii. pp. 468-71. Douglas had a similar Act in 1834, see p. 570. fl Ibid., vol. ii. pp. 484-7, and vol. iii. pp. 196-206. \\ Ibid., vol. iii. pp. 196-206. 568 HISTOEY OF THE ISLE OF MAN Castletown. Peel. Police. The streets of Castletown were referred to, in 1865, as being " regular and airy." * Its water and gas Acts are dated 1857. + Peel, which is spoken of, in 1760, as a small town, full of people, with an indifferent harbour, I obtained a water Act in 1860, and a gas Act in 1857. § There is, indeed, singularly little information about the smaller towns, but it may be said of them generally that their condition was very similar to that of Douglas, and that, like it, they slowly improved. Another cause w^hich retarded the progress of the towns was the utter inadequacy of their police. We have seen that, before the Kevestment, order was maintained in them by the garrison soldiers, under their captains, who were also the chief civil officers. But, subsequent to this event, their places were taken by an absurdly small number of constables, imder the control, after 1777, of the high-bailiffs. These men were usually old and feeble, and, being wretchedly paid,^ spent most of their time in going on errands for those who paid them for so doing.** Moreover, '■■• Bullock, p. 219. I Statutes, vol. ii. pp. 413-16, and 420-21. I Manx Ballads, p. 23. A court-house and jail were ordered to be erected at the market cross, in 1830. § Statutes, vol. iii. pp. 90-3, and vol ii. pp. 417-18. Jl I.e., in 1790, a chief constable and gaoler and seven con- stables in Castletown, five in Douglas, and one each in the other towns. After 1814, the numbers in Douglas and Castle- town were reduced to four. •i '£o annually. The chief got ^£12 lOs. In 1830, it was raised to JGIO for the constables and d625 for the chief. ** " They devoted their time to the sen'ing of civil processes. SOCIAL AND ECONOMIC HISTORY 569 they were only employed in the daytime, so that at night there was no check upon disorders of all kinds. In 1830, Douglas was supplied with five constables instead of four. But this meagre increase did not satisfy its inhabitants, and so impressed were they with the urgent need for more constables that they subscribed voluntarily to secure some addition to the force until the Police Bill, then before the Legis- lature, should be passed.* It was, however, thrown out by the Keys, and, in 1851, no change having been made, we again find the Douglas people complaining that the inadequacy of the police encouraged "immorality and crime," and rendered " life and property insecure." f At last, in 1853. there was an attempt to improve the status of the police by giving the head constables, of whom there was then appointed one in each town,t £40 a year each, and the others, £'30, " subject to their atten- dance at all times when required," § which made them liable to night duty. It is, however, manifest that but little could be done by twenty constables for the whole island, and so, in 1860, the inhabitants of Douglas complained of the inadequacy of this force in a memorial to the Home Secretary, in which they stated that assaults in the streets at night were very numerous. This appeal produced no effect till 1863, when twelve men were added to the force, instead of being always in readiness to assist the magistrates in preserving the peace of the town " {Manlis Advertiser, 1833). - Manks Advertiser, 1833. i Manx Sun. I There was also a gaoler in Castletown. § Ibid. 570 HISTOEY OF THE ISLE OP MAN being followed by twenty-one more in 1864, five of whom were rm'al constables. Their pay was in- creased, and a chief inspector, a military officer,* was appointed. Health. It will havc been gathered from what has been said of the towns that sanitary precautions t were almost entirely neglected. As late as 1833, the Douglas householders stated that there was " a great want of proper sewerage and cleanliness." t The first important sanitary measure was the Douglas Waterworks Act, in 1834, authorizing a com- pany to collect water and distribute it in the town by pipes. § Hitherto Douglas, like the other insular towns, had been supplied with water either from wells or by carts which came from the country. It was not till 1851, when it passed the Nuisances Act, that the Manx Legislature in any way recognized an obligation to deal directly with sanitary questions. Under this Act, if any epidemics broke out, an order could be issued by the governor and two members of the Council to cause precautions to be taken against its spreading, such order to remain in force till the Tynwald Court met. In respect to nuisances, =i' Captain M. Goldie. f Scientific sanitation was practically unknown till the end of this period. \ Manks Advertiser. § Statutes, vol. ii. pp. 47-50. It was bound to lay on water to a house on receiving twenty days' notice and being tendered the rate, which was not to exceed 8 per cent, on the annual value. In 1859, additional powers were given to the Douglas Water Works Company to take more water and increase its capital (vol. ii. pp. 449-51). SOCIAL AND ECONOMIC HISTORY 571 however, the Act was rendered futile by the pro- vision that they could not be enquired into by the inspector until a " notice in writing from two or more householders had been received." * This Act, of course, applied to the country generally. With regard to Douglas, the part of the Act of 1860, which related to sanitary matters, was equally in- effective, since there were many nuisances which the commissioners could not deal with under it. They could not, for instance, compel householders to enable them to undertake drainage or sewerage adequately. Many of the houses, therefore, were in a most insanitary condition, and the commissioners applied to the Legislature to give them increased powers to enable them to deal with it. The Bill prepared for this purpose, though thrown out by the Keys in February, 1864, was shortly afterwards re-introduced and passed.! A scheme for main sewers t promptly followed, and, in 1865, an Act was passed which ordained that common lodging- houses should be inspected, and that, unless a licence was granted, no lodgers could be received. § In the country the state of things was more primi- tive still. Cattle and human beings often occupied the same house, and, even when this was not the case, the cow-house and stable were frequently on a higher level than the dwelling-house, and, conse- * Statutes, vol. ii. pp. 288-92. f Ibid., vol. iii. pp. 114-24. \ At a cost of £3,931. § Statutes, vol. iii. pp. 188-95. 572 HISTOEY OF THE ISLE OP MAN quently, drained into it, while the manure heap was close by. No wonder, then, that the general health left much to be desired.* cboierT°and "^^^ population was still literally decimated from typhoid fever. ^^^^ ^^ ^-^^^^ ^^ small-pox, especially in the eighteenth century, and there were two terrible outbreaks of cholera, and one of typhus, t In 1864, 1865, and 1866, there was a serious epidemic of typhoid fever, which the authorities endeavoured to check by the formation of Boards of Health through- out the island. But this and the other measures "-•' ManJis Advertiser. f There are no authoritative vital statistics, and we can only judge of what occurred by comparing the information given by MS. letters, and the church registers with the changes in population. The worst epidemics of small-pox were in 1765, 1772, 1780, and 1799. In the parish of German and the town of Peel 48"0 per 1,000 died of it in the former year, and 25'0 per 1,000 in the latter. It also raged in 1839, 1851, and between 1864 and 1866. In the parish of Ballaugh the deaths from small-pox and other causes respectively were : — In 1764-5. December lo-March 31 „ 1772-3. July 16- August 24 ,, 1799. February 8-June 24 ... The worst epidemic of cholera was in 1832, when 90 out of 2,000 died in Castletown. It returned in 1849 and 1853. Typhus killed a great number in 1837. The teiTible destruction caused by small-pox seems to have been largely due to the baneful practice of inoculation which was put a stop to by Act of Tynwald in 1852 {Statutes, vol. ii. pp. 314-15), but imfortu- nately, vaccination was not made compulsory till 1876. (In England inoculation began to be practised m 1721, but did not come into general use till 1740. It was rendered a penal offence by the Act of 1840.' Vaccination was first introduced into the island about 1805. Small-pox. < other Causes. 28 6 33 11 22 9 SOCIAL AND ECONOMIC HISTOKY 573 adopted were, owing to the general ignorance of the most elementary sanitary laws, almost wholly in- effective, and this period closes with a dismal health record, it being estimated, in the absence of precise figures, that the general death rate exceeded twenty- four per thousand,* while, in the towns, it reached a much higher percentage. Notwithstanding the heavy death rate,* popu- population. lation increased very rapidly, though irregularly, during this period, it having been about 20,000 f in 1765, and about 52,000 in 1866. The average annual increases were as follows : Between 1757 and 1784, 218 ; 1784 and 1792, 386 ; ••• The numbers of births and deaths are given in the registrars' returns since 1851, this being the first year in which they were issued in accordance with the Acts of 1849 {Statutes, vol. ii. pp. 223-53), but they are of little value, as registration was not made compulsory till 1877. In the three years in which typhoid fever and small-pox were prevalent the death rates were said to have been as follow : — 1804. 1865. 1866. Island 26-4 24-9 23-7 Towns 25-8 22'6 22-8 But it seems very unlikely that the death rate of the towns would be smaller than that of the island generally. In the different towns the rates were as follow : — 1864. 1865. 1866. Peel 20-6 18-1 25-9 Ramsey 30-7 23-5 20-0 Castletown 211 19*6 20-9 Douglas 31-0 29-0 24-3 The general Manx birth rate for 1851-60 was 28-0, and for 1861-70, 29-8, the general death rate for the same periods being 19-3 and 20-6 i-espectively. t It was 19,144 in 1757. VOL. II. 38 towns. 574 HISTOEY OF THE ISLE OP MAN 1792 and 1821, 420 ; 1821 and 1831, 67 ; 1831 and 1841, 623 ; 1841 and 1851, 440 ; 1851 and 1861, 8. Between 1821 and 1831, when the expansion was small, and between 1851 and 1861, when the popu- lation was practically stationary, are the periods when the greatest amount of emigration took place, growth in tbe*^ A noticcable feature is the proportionately more rapid growth of the population in the towns, * especially Douglas, than in the country, that of the former having been 4,416 in 1757, and 20,623 in 1861; and that of the latter 14,728 in 1757, and 31,846 in 1861. The country population reached its maximum in 1851, when it was 34,933. Since then it has been shrinking rapidly, especially in the northern district, f * The town population of Man both in 1792 and 1861 bore a larger proportion to the country population than that of England and Wales in 1801 and 1861, and it increased more in proportion to the country, as the following figures will show. It must be remembered, however, that, in the case of Eng- land and Wales, only the 72 largest towns are given, which will somewhat modify the results : — 1801. 1861. England and Wales I <"o""t^T 8,892,536 20,066,224 i^ngland and wales I ^^^j^g 2,215,261 7,667,622 6,677,275 12,398,602 1792. I 1861. Isle of Man 5 Country 20,676 31,846 isle 01 Man | T^^^j^g ,7 237 20,623 27,913 52,469 f For full details as to population see Appendix B. I Nearest census to 1801, the next being in 1821. SOCIAL AND ECONOMIC HISTOEY 575 Between 173G and 1814, the increase in the population of Douglas, and, to a smaller extent, of the other towns, was partly due to the number of foreign debtors * w^ho settled in the island. Foreign " debtors. But, in 1814, the Manx Legislature passed a law by which any people of this class who took up their abode in the island during and after that year might be prosecuted for the liabilities they had incurred elsewhere, and so they gradually ceased to resort to it. This was, at first, a great loss to the island generally and to Douglas in particular, but about 1820 the population began to be increased by the immigration of numerous half-pay officers, who ^j^gg^^g^^ were attracted by the comparative lowness of prices and freedom from taxation. The influx of these strangers gave an important impetus to the pros- perity of the country, t Summer visitors also began ^"^^1.^ to come to such an extent that, in 1820, an insular newspaper stated that the money received from the visitors "more than equalled the returns of an ■•' See p. 413, and Robertson, pp. 15 and 21-2. Woods (p. 27), referring to the debtors, remarks : " The island is so much the resort of persons of this character, that a man, on his arrival, is, ipso facto, immediately suspected of coming hither to avoid his creditors." These persons could only be held to baU for their personal appearance and for the production of the goods they had on the island ; they could not be deprived of their money and clothes. Jefferys' {Guide Bool-, 1809, pp. 63-5) gives some amusmg evidence as to the mutual aversion of the Manx and English. ] Enormous numbers of oflBcers were thrown out of employ- ment after the peace in 1815, and, since their half-pay was very low, a place where they could live very cheaply was a necessity. The lunatics. Are terribly neglected. 576 HISTOEY OF THE ISLE OF MAN ordinary fishery." * This is, however, certainly an exaggeration, and it was not till after the establish- ment of regular communication by steamers that visitors arrived in any great numbers, t It was calculated that from 20,000 to 30,000 of them came every year between 1830 and 1850. I In 1852, there was a sudden increase, and, from that date to 1866, there were probably from 50,000 to 60,000 visitors annually. But for the fact that they were obliged to land in boats at Douglas when the tide was low, their numbers would doubtless have been greater. Except for a few scattered notices in the Church Registers, there is no mention of lunatics in the island till towards the end of this period. But then, through the medium of the Press, we learn that there were poor creatures who were either tied to stakes in outhouses or stables, being fed on garbage and clad in rags, or who wandered about absolutely uncared for. It is true that, after 1849, § the criminal lunatics were housed in cells at Castle Rushen, and that other lunatics, not criminal, were supposed to be sent there, but careful enquiry has disclosed the fact that, between 1849 and 1864, their numbers hardly ever exceeded 12, though it is known that there were at least 90 existing under the ■'• Manks Advertiser. f See p. 588. I Improved accommodation for the well-to-do visitor was obtained, in 1834, by the conversion of the ducal palace of Castle Mona into an hotel. It was calculated that the visitors at this period expended about ^50,000 annually, and the half- pay officers, who, with their families, numbered about 500, jeiOO,000 annually. § Statutes, vol. ii. pp. 257-61. SOCIAL AND ECONOMIC HISTORY 577 conditions we have just referred to. Such a shame- ful state of things brought discredit both on the Enghsh Government, through its responsible adviser, the governor, and on the insular Legislature. At last, in 1851, in response to a letter to the governor from the Home Secretary, who offered to pay the whole of the cost of the maintenance of the criminal lunatics and half the cost of an asylum if the island would pay the other half, a public meeting was held to consider the question, when it was decided that this offer should be accepted and that the island's share should be raised by voluntary subscriptions. A sum of £1,500 was thus obtained, but was nearly all lost by the failure of Holmes' Bank in 1853. In 1856, a legacy of £'4,000 was left for this purpose by Mr. Breed, but, since there seemed to be no prospect of raising the remainder of the required amount by appeals to private benevolence, a memorial was, in 1858, sent to the Home Secretary from the Tynwald Court, asking him to provide temporary accommo- dation for the lunatics, while steps were taken to build a permanent Asylum from the public funds. He assented, but did nothing to fulfil his promise '^temporary ° ^ asylum in 186 i. till 1864, when the lunatics were sent to Oatlands in Santon. * The Lunatic Asylum Act had already been passed in 1860. By it the Asylum was vested in the Tynwald Court, which, in 1864, appointed a * Rushen Abbey was bought for a lunatic asylum by the insular Government in 1853, but it was not utilized for that purpose, and an Act was passed to revoke the deed of sale [Statutes, vol. iii. pp. 97-8). 578 HISTOEY OP THE ISLE OP MAN Permanent asylum completed in 1868. managing committee, of not less than five, from its members, and a rate was provided for. * In 1862, a site was purchased near the Strang village, about 2^ miles from Douglas ; in 1864, a plan for a building for 110 lunatics was applied for, and, in 1868, this building t was completed and the lunatics removed to it. Since then there have been various additions to accommodate their steadily increasing number. The increase, it should be said, appears to be mainly due to the fact that persons are now admitted as patients who, even at a recent date, would have been rejected, as not being con- sidered sufficiently imbecile. LUNATICS. Daily average number resident. Males. Females. Totals. 1871 50-9 51-8 102-7 1875 47-3 57-2 104-5 1880 52 5 79-2 131-7 1885 70-5 88-3 158-8 1890 84-8 98-2 1830 1895 88-3 100-8 189-1 1897 85-6 106-8 192-4 1899 901 109-1 199-2 1900 89-8 116-4 206-2 * statutes, vol. iii. pp. 43-73. The cost was divided as sug- gested by the Home Secretary in 1851. •j- The total cost of the building, not including later additions, was ^21,781, of which the English Government paid ^10,908. The total expenditure on these additions, to June, 1882, was je-29,888. SOCIAL AND ECONOMIC HISTOEY 579 There can be no doubt that the Manx, in common Drink, with their EngHsh, Scottish, and Irish neighbours, were, between 1700 and 1800, and, to a less extent, between 1800 and 1857, a very drunken people. Owing to the prevalence of smuggling, spirits were extraordinarily cheap till 1798, and, even after that date, their price * was very low compared to what it was in England, t Other reasons for the large amount of drunkenness were that, till 1813, there was no increase in the cost of the licences for selling ale, wine, and spirits, which had remained at the same low figure as in 1740 ; I and that, till 1857, § there was no effort to regulate the proceedings of the licence-holders. They might, as far as is known, sell drink at any time and on any day, |i and the ■■'■ In 1830, rum was 2d., gin 3d., brandy 6d. per glass, the prices in England being 6d., 8d., and Is. respectively. This resulted from the great difference in the duties. f The average consumption of spirits in the Isle of Man, in 1765, was four gallons a head, but this is only on the basis of the legal importation which was a small part of the whole, while, in 1862, it was 1-6 gallons. In 1805, 25,000 lbs. of tea, or about 1 lb. per head, was considered sufficient for insular con- sumption, whereas about 300,000 lbs., or nearly 6 lb. a head, was actually used in 1866. The number of visitors in 1862 and 1866, and their practical absence in 1765 and 1805, should be borne in muid when estimating the significance of these figures. In London, in 1750, the average consumption of spirits was said to be about 14 gallons, whereas between 1865 and 1895 it was 1"48 gallons for both wine and spirits. I See pp. 405-6. It was made 24s. 6d. for wine, 12s. 3d. for spirits, 12s. 3d. for ale {Statutes, vol. i. pp. 365-9). In 1819, wine Ucences were raised to 36s. 9d., spirits to 24s. 6d., ale remaining as before {Ibid., pp. 404-13). § See p. 581. II Though it is possible that the governor may have inserted 580 HISTOEY OF THE ISLE OF MAN limitation of their number to 300, by the Act of 1740, was disregarded. In 1822, there were 443 * pubHc-houses, or about one to every 90 of the population, so that the state- ment of an observer, who wrote about the period between 1825 and 1840, that " most Manxmen . . . got drunk with great regularity " f need not cause any surprise. But, fortunately, there was a growing sentiment that such a condition of things was intolerable, and this led, in October, 1830, to the Less establishment of a temperance society, which was drunkenness after 1830. the lorerunuer of so many others that they gradually included among their members a considerable pro- portion of the population. The progress in this respect would doubtless have been more rapid than it was but for the culpable neglect of the insular Legislature. The only steps taken in the early part of the century towards regulation of the liquor traffic were the enactments, in 1813, that no one should be granted a licence unless he had obtained a certificate from an high-bailiff in a town, or a conditions in their licences by which they were boiind (see Statutes, vol. i. p. 207). ■'■ Besides 45 grocers' licences, there were 14 public-houses in Patrick, 16 in German, 9 in Marown, 36 in Peel, 15 in Michael, 13 in Ballaugh, 3 in Jurby, 18 in Andreas, 7 in Bride, 14 in Lezayre, 46 in Ramsey, 5 in Maughold, 14 in Lonan, 9 in Conchan, 103 in Douglas, 19 in Braddan, 8 in Santon, 24 in Malew, 28 in Castletown, 11 in Arbory, and 31 in Eushen. I Memoirs of H. S. Brown, p. 2. He also says that Hol- lantide Fair (then held m Athol Street) " was a scene of drunkeness so great that you could scarcely see a sober man on the ground" (p. 4). SOCIAL AND ECONOMIC IIISTOEY 581 coroner or a minister in a sheading, * and, in 1814, giving discretion to the governor to revoke a licence, f A more decided advance was made in 1830, when it was ordered, in the Highwajj Act of that year, that recognizances must be entered into before getting a Hcence, and private Hcences for the sale of wines, spirits, and beer, in quantities of not less than one pint, were issued. X But it was not ^„^Jj\f^j°gra^,ie till 1857, when the Taverns Act was passed, that ^'/t^eS?" any very general improvement resulted. By this the public-houses were closed on Sundays, § except as against resident lodgers, and no house could be licensed unless it had reasonable accommodation for such lodgers. The amount of the fee for a licence was raised || and the recognizance was fixed at the substantial sum of £30. The licences were granted at the discretion of four courts representing the towns of Douglas, Eamsey, Castletown, and Peel, with the adjacent districts, which were composed of the high-bailiffs, justices of the peace, captains of the parishes, and the rectors and vicars. The appeal from this court was to the Staff of Government. 11 The effect of this Act was marvellous. * Statutes, vol. i. p. 367. | Ibid., p. 406. \ Ibid., vol. ii. pp. 14-22. The licence on spirits, &c., was £.1, and on beer ^61. The penalty for selling contrary to the terms of the licence was, for the first offence, J610, and, for the second, £,'10. This x\ct repealed those of 1734, 1776, and 1819. The licences were granted by the governor. § Also on Good Friday and any Public Fast Day, and between 11 p.m. and 6 a.m., except on Saturdays, when the hours for closing were from 10 p.m. to 6 a.m. II For both spirits and beer — country, .£4 ; town, ^£5 10s. H Statutes, vol, ii. pp. 422-9. 582 HISTORY OF THE ISLE OP MAN Kesult of the efforts of the temperance party. In 1830, there were 460 public-houses ; * in 1842, 328 ; * and, in 1862, with a larger population, 248. But the change in the habits of the people was far greater than is indicated by these figures. The strenuous efforts of the temperance party, being now assisted by the law, resulted in a very large reduction in the amount of drunkenness, though this was still excessive in proportion to the population. § 2. Trade and Industry. As the island had, in 1765, changed its status with regard to England from that of being prac- tically a foreign country, to that of being one of the possessions of the Crown of Great Britain, its in- habitants naturally supposed that they, owing to the new connexion, would be in a more advantageous posi- tion than before. But this was very far from being the case, for, though Man did obtain some privileges by means of it, the Manx people, like the Irish, were subjected to an oppressive and shortsighted com- mercial system. Thus, if there were any of their products which were likely to come into serious competition with those of Great Britain, their export was either prohibited or hampered with heavy duties ; the importation of foreign manu- =■• Including " ale-houses " where beer only was sold. This distinction disappeared after 1857 (Statutes, vol. iii. pp. 253-7). By an Act passed in 1865 greater discretionary powers were given to the deemsters and justices, so that minor offences against the licensing laws should not be punished as heavily as major offences, and occasional licences were allowed to be granted {Statutes, vol. iii. pp. 253-7). SOCIAL AND ECONOMIC HISTORY 583 facturcd goods, except from Great Britain, was strictly prohibited ; and the interests of the British manufacturers were further consulted by the prohibi- tion of the export of Manx raw material to any country except Great Britain ;* and no foreign, or, till 1801, Irish, ships were permitted to carry goods to or from the island. The effect of these restrictions was to restrict Manx trade mainly to Great Britain. Among other grievances were the " Licence System," to which we will refer further on, and the confining all exports and imports to the port of Douglas. Speaking generally, Manx trade with the United Kingdom was, during the whole of this period, burdened, as regards by far the greater number of articles of commerce, with all the restrictions and regulations usually imposed upon foreign countries. That such restrictions upon trade were favoured by intelligent men, even as late as 1791, is shown by the fact that the commis- sioners, while recommending " uniformity of principle in imposing duties on the same article in Great Britain and the Isle of Man,"t expressed their concurrence in the maxim that "Foreign articles, which for the protection of British manufacturers, are forbidden to be imported into Great Britain, or are made liable to heavy duties, should be prohibited to be imported into the Isle of Man."t But the worst drawback to Manx trade was the introduction "-^' The restrictions on trade varied in their details from time to time, but full particulars would be both wearisome and unprofit- able. I Comrs.' Report, p. 38. 584 HISTORY OF THE ISLE OF MAN The licence of the liceiice svstem. Under it only limited system and its . . ■. results. quantities of such articles as spirits, tea, tobacco, sugar, coffee, and salt, could be imported, and, for these articles, licences had to be obtained from the Board of Customs in London. These arrangements resulted in a few English merchants giving a number of fictitious names and so obtaining a monopoly of the licences. They then had the Manx merchants and people at their mercy, charging them enormous prices for the most inferior articles.* After the report of the commissioners was issued in 1792, the licences f were granted to Manxmen only, but the chief consequence of this change was that a few Manx merchants made large fortunes, while the unfortunate consumers paid too much as before. The licence system continued in force till 1844 (nominally, till 1853), though it was not only unfair to the consumers, but furnished a strong incentive to smuggHng because the quantities of the articles allowed to be imported were frequently I too small for the consumption of the rapidly increasing population. And yet it is curious to find the Treasury in 1853, while fully assenting to the evils of the licence system, which they then - Comrs.' Report, Appendix (B), Nos. 77, 84, and 86. f The process of granting these licences was as follows : The governor allotted them " among the different applicants in such proportions as " he judged " fair and equitable," and then the applicants had to give a bond with sufficient security that they would import the whole of the goods mentioned in theu* licences (advt. in Manhs Advertiser, May 11, 1801). X Up to 1816. After that date the quantities were often below it. SOCIAL AND ECONOMIC HISTORY 585 abolished, stating that they believed it to be " the only means by which extensive smugglinf]j can be prevented " * when there was a large difference between the amounts of Manx and English duties. There were, however, some points in which the ^^J^tiie^^^ EngHsh connexion was advantageous to Manx trade. Eng'iand.'^'^"'^ Manxmen obtained bounties on the export of linen goods and cured herrings, articles which did not compete with those made by British manufacturers.! They also obtained the permission, asked for in vain in 1711, that all " Bestials or any other goods of the growth, product, and manufacture" t of the island, with, however, the important exceptions of woollen goods and beer, should be landed in Great Britain duty free. Further, they were allowed to import, free of duty, salt, boards, and timber, being the produce and manufacture of Great Britain, and iron, cotton, indigo, naval stores, &c., from the British Plantations in America, on condition that they were shipped in British vessels ; while brown linen cloth, hemp or hemp seed, utensils and instruments employed in manufactures, fisheries, or agriculture, bricks and tiles, young trees, &c., might be imported on the same conditions from both Great Britain and "^^ Pari. Papers (1853), p. 1. In 1826, sugar was selling at Is. 6d. per stone, coffee at 6d. per lb., tea at Is. per lb., and rum at Is. per gallon more than in England {Maiiks Advertiser). f The linen trade at this time was almost entirely Irish. I See Comrs.' Report, App. (A) No. 7 and (B) No. 86 and Statutes, vol. i. p. 187. 586 HISTOEY OF THE ISLE OP MAN Effect of the regulations of the local authorities upon trade. Ireland.* It must be remembered, too, that, as Manx ships had now become British ships, Manx- men were allowed to convey their exports and im- ports to and from the United Kingdom in their own ships. And it should also be mentioned that the free f importation of ' ' corn or grain coming from any part or place whatsoever, except from Great Britain,! which they had previously enjoyed was not interfered with. So much for the influence of the English connexion on the Manx trader. Let us now see how he was treated by his local authorities. Forestallers and regrators were punished as strictly as ever, and embargoes on the export of corn and other provisions were frequently imposed on the most inadequate pretexts. § The effect of the embargoes was, as regards the traders, to curtail their opportunities of making money. They were, in fact, in such bondage to the landowners that they did not, as a rule, venture to take advantage of the free trade in foreign corn,j except for the purpose of the smuggling trade with Great Britain. Another cir- cumstance which prejudicially affected Manx trade during the first few years of the nineteenth century ■-'= But it should be noted that the same articles from " foreign parts " were subjected to heavy duties. f Except for harbour dues. On British corn £5 ad valorem had to be paid. Flax seed, brown linen yarn, wood ashes and weed ashes, and flesh of all sorts were free, but the quantities of these imported were very small. I Geo. III. c. 45. § See Lib. Scacc, 1775, 1784, 1787, 1795-6, 1798. For discus- sion of the effect of this on prices see pp. 558-62. II Comrs.' Eeport, App. (B) No. 21 and Ch. SOCIAL AND ECONOMIC HISTOEY 587 was the existence of an enormous number of promis- sory notes or cards,* issued by Manx tradesmen, for sums under twent}' shillings. The circulation of these notes injured public credit, facilitated forgery, and nearly banished legitimate currency.! In 1813, the Duke of Atholl expressed his abhorrence of the system,! and, in 1816, a local newspaper remarked that "the circulating medium is universally allowed to be in the most deplorable condition," and that " the inconveniences therefrom are such as to threaten the island with general ruin."!^ To cure this state of things, an Act was passed in 1817 which Notes under ... il are abolished all notes under the value of £1, made the abolished in 1S17. real and personal estates of the issuers liable for their pajmient, and ordered that no bank notes of the value of £1 or above should be issued without a licence costing £20. 'I This legislation produced a very wholesome effect in promoting the improvement of trade which gradually revived. The revival was assisted by the initiation of occasional steam com- This and other munication in 1819, and by the regular IT establish- revi^vai of •' ° trade. * There were also a large number of forged Bank of England notes in the island {Manhs Advertiser, 1811). I The only Manx notes of undoubted value at this time were those issued by Taubman, Quayle, and Kelly, at their bank in CastletowTi, which was established in 1802. It may be noted that an " Isle of Man Insurance Co." was started at Castletown in 1811, but it only lasted a shoi't time. \ Manlcs Advertiser, 1811. § Ibid. dG4,400 of old silver was sent from the island in 1815 and new silver got from the mint. II Statutes, vol. i. pp. 393-4. ^ A coach was first established in 1803, but did not run for long. 588 HISTOEY OP THE ISLE OP MAN ment of stage coaches in 1821. Very remarkable was the change which the use of steamers for transit between Man and the mainland made in bringing the little island into closer and less intermittent connexion with its neighbours.* Its full advantage was not felt till 1829, when the steam communica- tion between Douglas and Liverpool became a regular one by the institution of sailings in accordance with the tides, three times weekly. So great was the consequent influx of strangers that, at the end of the year, a Manx company f was formed to purchase " a steampacket for the exclusive service of the Island. "t revivaHn°i84o^ ^^ 1840, a chcck to this rcvival of trade was caused tempm-ary. by the troubles about the currency to which we have referred in a previous chapter ; § and, in 1843, it suffered a still more serious reverse by the suspension of the Isle of Man Joint Stock Banking Company. |i ''■'• In 1798, there were thirty-two vessels, mostly of small size, plying between Liverpool and the island. Twenty-five of these belonged to Douglas and seven to Eamsey. Thirty of them were traders only, the other two, The Duke of Athol and The Lapwing also carried mails and passengers, and usually did the passage between Liverpool and Douglas in 24 hours. The Duke of Athol, which was the largest, was a sloop of 50 feet keel : the fares 7s. 6d. and 5s. each way. There was a fee on landing of Is. 6d. to the customs searcher. Passengers found their own food. The first steamers which called at the island were the Robert Bruce and Highland Chieftain, in 1819, which plied between Liverpool, Port Patrick, and Greenock. In 1821, the St. George S. P. Co. began to run steamers between the same ports, as did the City of Glasgow, Majestic, and Superb, steamers of another company. t Still in existence. \ Manks Advertiser. § P. 416. II This bank was founded in 1836 with a capital of 10,000 Manx trade more profitable. SOCIAL AND ECONOMIC HISTORY 589 Thanks, however, to the aboHtion of harbour dues in 1844, to the partial removal, in the same year, of the oppressive monopolies granted by the licence system, to a more liberal tariff, and to the permission given to the other towns, as well as Douglas, to import produce direct, trade soon improved, notwithstanding the general commercial depression between 1847 and 1851. Further causes which tended to render Manx re^^Hj^ing trade more profitable than it had been formerly were : (1) the provision in the Imperial Act of 1853 that the Isle of Man should be deemed a part of the United Kingdom and that therefore foreign goods, except tobacco and spirits, might be bonded there ; * (2) the abolition of the last remains of the licence system in that year ; and (3) the great reduction made in the number of dutiable articles in England in 1843, 1853, and 1860. f In 1851, the Bank of Mona, a branch of the Bank of Glasgow, was founded. In 1853, on the failure of Messrs. Holmes's bank, Messrs. Dumbell commenced a private bank- ing business which has since t been formed into a public company ; and, in 1858, the Isle of Man Banking Company started. In 1859, an insular telegraphic company established communication shares of £5 each, the Bank of Wulff and Forbes, which had been established in 1826, havmg been merged in it. Wulff and Forbes were the first in the island to do a purely banking business, since Messrs. Taubman, Quayle, and Kelly (see p. 587) had other business as well. ■■'~ By Section 346. This was conceded to Douglas in 1854 and to Ramsey in 1862. f In 1842, 1,052 articles paid duty; in 1853,466; and, in 1860, 48. + In 1874. VOL. II. 39 590 HISTOEY OF THE ISLE OF MAN Chief exports and imports. Industries. with England. Since 1821, the insular Government has not attempted to interfere with the ordinary course of trade, its work, in this respect, being chiefly in the direction of regulating weights and measures.* The increase of joint-stock under- takings rendered the Acts of 1851, 1856, and 1865 necessary, t The last of these acts recognized the principle of "Limited Liability," and it ordered that no company of more than twenty persons should henceforth be formed, unless registered as a company under it or another Act of Tynwald. The chief exports of the island were horses, cattle, sheep, swine, coarse linens, including sailcloth, potatoes, butter, hides, lead, and zinc ore, fresh and cured herrings and other fish, and, till about 1830, kelp ; while its chief imports were coal, salt, iron, tobacco, spirits, groceries, and haberdashery. "VVe now have to deal with the insular industries. After 1765, as we have seen, all Manx products, except woollen goods I and beer, the exportation of which was prohibited, could be landed in England '■'• Its main object was to insm*e that such aii)icles as coal, potatoes, bread, corn, flour, and meal should be sold by weight and not by measure. It therefore fixed the weights of a bushel of corn, &c., as follows : Wheat or vye, 64 lbs.; barley, 56 lbs. ; oats, 42 lbs. ; peas or beans, 60 lbs. A boU of wheat or rye was 256 lbs., at 4 bushels to the boU, while a boll of barley was 336 lbs., and of oats, 252 lbs, at 6 bushels to the boll. {Statutes, vol. ii. pp. 32-3, 137-41, and 293-4; vol. iii. pp. 100-2.) f Statutes, vol. ii. pp. 282-8 and pp. 360-419; vol. iii. pp. 258-321. J Manx wool was allowed to be exported to England only. SOCIAL AND ECONOMIC HISTORY 591 duty free ; * and, till 1833, bounties were given to those who span the most linen yarn, and wove and ex- ported the greatest number of yards of linen cloth. f The domestic manufactures of the island were no doubt stimulated by this legislation, and continued to flourish during the greater part of this period, such articles as linen and woollen cloths, nets, coarse hats,t gloves and snuff § being the chief products till they were gradually superseded by the introduction of machine-made goods. || The manufacture of kelp IT (for the most part, consumed at home in soap-making) was, till about 1830, when it was put an end to by the discovery of a process for decomposing sea-salt,*"* a fairly large industry. Notwithstanding the bounties, the Manx export trade was comparatively a small one, until factories were established. The first of these was Establishment of factories started at Ballasalla, in 1779, for spinning cotton, which was exported to England to be woven into cloth there. It was at this factory that the spinning- jenny was first used in the island. For twelve years f f a flourishing business was carried on, but, in 1791, the customs officials in Liverpool discovered that it was * Commissioners' Report, App. (A), No. 17 and App. (B), No. 44. f Acts 5 and 7 Geo. III. I These were made " of coarse woollen, in substance extremely thick and heavy " (Teignmouth, vol. ii. p. 209). They cost 2s. § Woods, p. 166. Ballasalla was famous for its gloves. II A small quantity of flannel and woollen cloth is still spun and woven. IT Quayle, p. 141. ■■■■■.' By this the crude carbonate of soda was obtained at a lower price and of a better quality than from sea-weed, tt Woods, p. 57. 592 HISTOEY OF THE ISLE OF MAN in direct contravention of the Act of 1765, which prohibited "the importation from Man into Britain of any foreign goods, hemp and flax excepted, whether in their raw state, or wholly or partly manufactured, either with or without any native materials,"* and they, therefore, put a stop to the importation of cotton yarn into Liverpool. The owner t of the mill complained to the commissioners, who were then sitting in the island, and they recom- mended that he should be allowed to export his yarn duty free. But no notice was taken of this recommendation till 1798, so that the factory had, in the meantime, to be closed, and was not re-opened, though, in that j^ear, " cotton yarn or cotton cloth, being the manufacture of the Isle of Man " I was allowed to be imported into Great Britain duty free, and this was confirmed in 1805. § A manufactory for the printing of cotton cloth was also established about this time, but was soon abandoned. About 1790, flax mills began operations, and these were successful because there was a considerable home demand for linen goods, and, as we have seen, their export was not only permitted, but, until 1833, en- couraged by bounties. Ij They were also favoured by ='= Act 5 Geo. III. See Commissioners' Report, App. (B), No. 44. It may be noted that, in 1778, Ireland had obtained the privilege of exporting cotton j'ani. f Abraham de la Prj-me. I 45 Geo. III. cap. 99. § 38 Geo. III. cap. 63. II The average annual number of j'ards of linen exported between 1781 and 1790 was 50,640; between 1791 and 1800, 50,685; and between 1801 and 1810, 58,830 (Quayle, p. 179). SOCIAL AND ECONOMIC HISTORY 593 possessing excellent water power.* The largest of these mills, which originally made *' sheeting, towel- ling, sailcloth, and sackcloth," f but, since about 1850, sailcloth only, is at Tromode, near Douglas, t Cotton nets for the herring fishery § were also made there by machinery between 1852 and 1866. ii A woollen mill was started at the "Union Mills" in 1807, where the fleeces of Manx sheep were mainly used, and, at a later date, similar mills were founded at Sulby and St. John's,! as well as paper mills and tanneries in various localities. For a time, too, the illegitimate trade in corn and flour, referred to in § 3, flourished, "and was the cause of the building of some large flour mills. It was about 1848 that machinery driven by steam power was first used in any of these factories and mills, and this, being applied to weaving as well as spinning, led to a large and profitable expansion of their output. Breweries also flourished, there having been, in 1810, no fewer than twenty- two of them.H In 1823, the brewers were prohibited, in the agricultural interest, from using sugar ■''■ This was applied to spinning only, not to weaving, which, till the introduction of steam power, was carried on by hand only. i Woods, p. 58. I There was a large flax miU at Laxey which was destroyed by fire in 1812. § Till 1852, herring nets were made of coarse hempen thread caMed jeeb in, which was spun by the fishermen's families. II In 1866, these machines were sold to a Peel manufacturer. IT Distillation was forbidden by the Act of 1767 (7 Geo. III. cap. 45)., but, up to 1813, when the stills were discovered and destroyed, a good deal of illicit distillmg went on. 594 HISTORY OF THE ISLE OF MAN molasses or other substitutes for malt, and this remained the law till 1874.* The next important Shipbuilding. Manx industry is shipbuilding. There must always have been a considerable amount of it in the island, and, notwithstanding the imposition, in 1780, of a duty of 10 per cent, ad valorem on the importation of foreign timber,! it slowly increased till 1828, when it received a sudden impetus from the establishment, in Douglas, of a shipbuilding yard, called Bath Yard, where several fine barques were launched, some being of as much as 600 tons burthen.! In 1834, a shipyard was started at Eamsey, and another, in 1835, at Peel. A local newspaper at this time expresses an opinion that "the gigantic strides of our shipbuilders have excited the alarm of our neigh- bours," § and that the agitation on this question inEng- land would cause a higher duty to be laid on timber. In 1837, the British Government had actually intended to do this, but the Manx delegates protested so strongly against it, both then and in 1845, that, though the form of duty was altered in the latter year, its amount was only slightly raised, ii Ship- building, therefore, went steadily on and, between 1853 and 1866, when there was no duty on timber imported into the island, it greatly flourished. H '■■'• Statutes, vol. i. pp. 420-1, and vol. iv. p. 383. The export of malt to England was forbidden in 1828. \ In 1767, a tax of 5 per cent, was imposed, \ The " King Orry " steamer belonging to the Isle of Man Steam Packet Company was built in this yard in 1841. § Manks Advertiser. || See Appendix A. H The Manx duty on timber was abolished in 1853 and there- SOCIAL AND ECONOMIC HISTOKY 595 Many fine schooners of from 100 to 200 tons were launched, mainly from Peel, and they earned such a reputation for swiftness that they were largely em- ployed in the fruit trade.* Herring fishing boats were also turned out in increasing numbers, and their size and speed underwent steady improvement. Between 1834 and 1848, another industry, that of printing newspapers, attained abnormal dimensions. Printing. This was due to an Imperial Act, passed in 1834, which granted to the Isle of Man and the Channel Islands the right of transmitting newspapers post free to all parts of the Empire. One result of this was that adventurers set up printing presses in the island and produced extensive issues of newspapers solely for circulation out of it. So many persons of doubtful character embarked in this business that, in 1846, an Act of Tynwald was passed which enacted that no persons should print or publish a newspaper till they had signed a declaration specifying their names, descriptions, and place of abode, the places where their papers were printed and the titles of their papers, t These regulations, however, had but little effect in checking the number of the publica- tions, and to such an extent did they interfere with the circulation of EngHsh newspapers that, in 1848, fore Manxmen could import timber from Norway free, though EngHshmen had to pay a heavy duty on it. In 1860, the EngUsh duty was considerably reduced, and, in 1866, it was repealed, so that this advantage ceased. ■■'■ In 1853, six of them were chartered by Portuguese mer- chants for this trade. f Statutes, vol. iii. pp. 159-166. 596 mSTOEY OF THE ISLE OP MAN an Imperial Act was passed * to make all newspapers sent from the islands aforesaid liable to the full rates of postages to Great Britain and Ireland ; but they were permitted, for some years longer, to send them free to France, Belgium, Spain, and any British Colony. When this last privilege was withdrawn, they soon disappeared. These newspapers were quite distinct from the ordinary local newspaper, the earliest of which, The Manks Mercury and Briscoe's Douglas Advertiser, \ was first issued in 1792. t It came to an end in 1801. The more successful Manks Advertiser began in 1801 and lasted till 1845. The newspapers at present circulating in the island are the Manx Sun, I the Mona's Herald,'^ the Isle of Man Times,\\ the Isle of Man Examiner, % the Feel City Guardian,** the Bamsey Courier, i\ the Bamsey Weekly Neivs,ll and the Manx^nan.^^ Acts dealing The Spread of industrial enterprise generally after industries. I860 is shown by the passage of Acts for abating the nuisances arising from the smoke of furnaces and factories in or near towns and for making arrange- ments for the working of telegraphs and construction of railways.* No railway was, however, constructed during this period, though, as early as 1845, there had been a scheme for one between Douglas and Peel. - 11 and 12 Vic. c. 117. See Gell {Manx Soc, vol. xii. p. 216). i Dates of first issue are given. I Originally "The Rising Sun," 1821. § 1833. II 1861. A daily issue of this paper was started in 1897. II 1880. -- 1882. It 1884. It 1889. §§ 1895. II II Statutes, vol. iii. pp. 36-40 and 209-48. SOCIAL AND ECONOMIC HISTORY 597 § 3. Smuggling. The Mischief Act of 1765,* though it did not, as will be seen, put an end to the operations of the smugglers, reduced, at first, not only them, but the inhabitants of the island generally, to a panic-stricken condition. This is graphically described by an eye- witness as follows : " Nothing now, but anarchy and confusion ... as it was not possible, on so short a time, to get off all the inhibited stuff, the merchant was obHged to secure it as well as he ^osuio'^pf ,^ " affairs after the could in remote and distant places. Those who ifSe/ic^.^ knew of this in many cases betrayed their trust, either directly or indirectly giving informations ; others purloined what was thus deposited, others stole from the stealers, and others from them again. Bands of armed men go about the country terrifying the people and entering their houses in search of teas, &c. Mr. Lutwidge, the general surveyor, has no less than 50 coast officers and tide waiters along with him, planted in the several ports, besides the crews of 2 or 3 cutters at call. All this must naturally occasion riotous and tumultuous doings. One side in pursuit of and chastising with great severity those they suspect to be informers, and the other side protecting and defending them. 'Tis a very melancholy situation we are in . . . all our people of property are making up their matters as fast as they can and preparing to quit a place governed by martial law and the violence of arms." * ■■• Letter from Philip Moore to Bishop Hildesley, dated July, 1765 (MS.). 598 SISTOEY OF THE ISLE OF MAN This state of things, however, did not last long. Smuggling soon recommenced, and, in 1767, the The Act of 1767. passage of an Act which repealed the duties imposed by Tynwald, substituting for them much heavier duties levied by the authority of the Imperial Parlia- ment, and limiting the quantities of spirits, tea, and tobacco to be imported from England,* actually The smuggling cncouraged it, though it injured legitimate trade. The same effect was produced by the large increase of taxation in England after 1776. These state- ments are proved by the evidence given to the commissioners, in 1791, to the effect that large quantities of French brandy and geneva were smuggled both into and out of the island, though their importation was prohibited, t that not a gallon of British spirits, and not one pound of tea I had paid duty for many years, though these commodities had been largely consumed. § Tobacco was also extensively smuggled into the island because persons unconnected with the island got licences "under fictitious names, for the quantity importable," § and - 7 Geo. III. c. 45. I Commissioners' Report, Appendix (B), Nos. 77 and 79. See also § 2 " Trade." It shoiild be borne in mind that these commodities were not allowed to be imported from any other comitry but England. I Ibid. No duty had been paid on tea since 1764, though the amount of the duty does not appear high, being Is. up to 1780, and 6d. after that date, especially considering that the price of tea was about 6s. per lb. ; but it must be remem- bered that, till 1784, when it was reduced to 12^^ per cent., the English duty was 119 per cent. By, 1806, it had again risen to 96 per cent., and, after that date, it gradually fell. § Ibid., (D), No. 26. SOCIAL AND ECONOMIC HISTORY 599 then sent "the refuse of the market"* to Man, where it was sold at an extravagant price. Salt, which was allowed to be imported in unlimited quantities to any port in the island from Great Britain and Ireland, without duty, was illicitly sent back again.* To cure this state of affairs, the commissioners Recommenda- tions of the recommended an annual admission of a limited and commissioners of 1791. licensed quantity of foreign spirits, subject to a small duty, a reduction of the duty on tea,f the stationing of revenue cutters off the island,* and the extension of certain of the salt laws of Great Britain to it. I They also advised the registry of all boats employed in the herring fishery, § and the revision of the revenue laws.il Most of the com- missioners' suggestions were carried out by the Act of 1798 ; ^ the whole system of collecting customs was radically changed, and the staff of officials largely increased. These reforms, together with the stationing of armed revenue cutters and cruisers =■'■ Commissioners' Report, Appendix (D), No. 26 and (B), No. 82. t Ibid., p. 44. I Ibid., p. 47. § Ibid., p. 48. Hitherto, in accordance with the Act of Parliament of 1780, only boats over fifteen tons burden had been registered. || Ibid., pp. 49-50. •T " An Act for the further encouragement of the Trade and Manufactures of the Isle of Man, for improving the Revenue thereof, and for the more effectual prevention of Smuggling." This Act was continued till 1805, when, with some alterations in the proportions of spirits allowed to be imported, it was confirmed. By it the importation of British spirits, except nun of the British colonies, was prohibited. As British spirits were not consumed in the island at this time, it had of com-se no effect (38 Geo. III. c. 63j. 600 HISTOEY OF THE ISLE OF MAN off the island, resulted in the decrease of smuggling and the rapid increase of the insular revenue. After 1798, smugghng still continued, but it consisted, almost entirely, in smuggling out of, not into, the island. Thus, in 1805, J. C. Curwen, speaking in Parliament, said, " No inconsiderable proportion of duties arise in the Isle of Man on commodities paying low duties, afterwards clandestinely re- shipped and smuggled back again" to England. The total amount of smuggling was, however, evidently much smaller, though salt,* till about 1810, brandy,! till 1846, and tobacco, between 1819 and 1826, t were objects of a considerable illicit traffic. For a short time, also, two other methods of defrauding the Imperial revenue were practised. The first arose after 1823, when the privilege, which the Manx had always enjoyed, of importing foreign corn free § was abused by importing foreign wheat from the bonded warehouses in Liverpool into the island, grinding it into flour there to avoid the duty, and then exporting it to England as Manx flour, ji '■"' The tax on salt was 15s. per bushel, or about fifteen times its value in 1805, but it was soon afterwards greatly reduced. f The English tax on brandy was 14s. per gallon in 1807, 20s. 7d. in 1812, 18s. lOd. in 1814, 25s. 6d. in 1825, 22s. lOd. in 1840, 15s. in 1846, 10s. 5d. in 1860. I This tax was largely increased in the former year and re- duced in the latter. § See p. 586. Till 1822, practically no foreign wheat was imported into England. In 1830, 1,701,885 quarters, and in 1842, 2,977,302 quarters, were imported. II No less than 25,141 quarters of wheat are said to have been treated in this way in one year {Manks Advertiser). SOCIAL AND ECONOMIC HISTORY GOl This practice continued till 1828, when an Imperial Act * was passed to put an end to it. The other method of cheating the customs was the importa- tion of English machinery into the island, as if for insular manufacturers, and then exporting it to the Continent. This was stopped in 184-1. Isolated j^;?^^f;^^fi^ cases of smuggling occurred till 1853, after which ^es^sed before date, owing to the increase of duties, it practically ceased. § 4. Revenue and Expenditure. By the Act of 1767 f any surplus revenue, re- Revenue. maining after the payment of the expenses of Government and of the encouraging, improving, and regulating the trade, manufactures, and fisheries of the island, was reserved for the disposition of Parliament. This surplus was, however, ordered to be paid into the exchequer " distinctly and apart from all other branches of the public revenue,"! and there was, therefore, a reasonable assumption that it was reserved for insular purposes. We shall see, however, that the Imperial Government did not view the matter in that light, but, since there was no surplus before 1796, no question arose till after that date. Before that year, indeed, the revenue, which at one time almost disappeared,! was actually less than the expenditure, though this was very small, scarcely anything being spent on the insular harbours - 9 Geo. IV. c. 20. f 7 Geo. III. c. 45. I In 1766, it was ^704 ; in 1767, ^6574 ; and, in 1768, which was the lowest, ^£530, see Appendix C. 602 HISTOEY OF THE ISLE OP MAN and public buildings, which, in consequence, rapidly snmuamount^ ^^^^ ^^^^ ^ state of decay. Smuggling was the main cause of this, but it was also due to gross malversation and corruption, as well as inefficient management, on the part of the insular customs officials. Such being the case, the commissioners, who were appointed in 1791, received instructions to investigate all questions * connected with the revenue. Report of the Thev exprcsscd themselves as being thoroughly Commissioners ^ i. o o j in 1791. dissatisfied with "the system of managing the customs," f remarking that it was, " in many of the fundamental and most essential parts and requisites, ill digested, incomplete, and unfit," t that most of the officers I were ignorant of their duties, lax, and disorderly, and that " nothing short of a radical change" could "reach the evil, and communicate order, regularity, and energy." § They further expressed their opinion that the best method of producing this change was " to place the revenue under the management of the Commissioners of the customs for England or Scotland." § And there can be no doubt that they were correct in their conclusions, since the reform of the customs ''■' For allegations of the diike, see pp. 534-5. f Commissioners' Eeport, p. 33. I They condemned the office of receiver-general, which had become one of revenue purely, because it was a mere sinecure (he acting by deputy), and because it " intercepts and delays the passage into the Exchequer of whatever sums may be remitted from the Island on account of Revenue." {Ibid., p. 34.) This officer was responsible to the English Government only. § Commissioners' Report, p. 35. SOCIAL AND ECONOMIC HISTOEY 603 establishment on the hnes indicated by them, Results of the reforms together with the passage of Acts reforming and |^^^°j^™®°'^^'^ altering the customs duties, eventuated in producing a large and steadily increasing revenue. The first year in which revenue exceeded expenditure was 1796, and, between that date and 1805, the surplus revenue, after paying all expenses, amounted to £23,000. From this period the gross revenue rapidly increased, but, owing to the expenditure on the island not expanding in an equal ratio, the net revenue increased still more rapidly.* Can it be wondered at, then, that the Manx people, whose harbours were neglected, and whose pubhc buildings were falling into decay owing to the penurious policy of the Government, were profoundly dis- satisfied, and that they protested that the surpluses justly belonged to them ? We have already referred, in Chapter I. of this Book, to their first effort, in 1781, to obtain these surpluses. Their next was ai^cumuiated in 1802, when the attorney and solicitor-general, to que^gtion. whom their petition had been referred, stated in Parliament that the only object in imposing new duties on the island was the protection of British trade, and not the acquisition of revenue ; and the third was in 1805, t when the declaration of John Christian Curwen in the House of Commons that the surplus revenue had been set apart for the use of the Manx people was not contradicted. In the -•' Appendix C. \ Theix immediate object in this and the other petitions was to prevent the duke from getting further compensation. 604 HISTORY OF THE ISLE OF MAN latter year a committee of the House of Commons was appointed to enquire into the question. By its report, which was in similar terms to that of the Law Officers of the Crown in 1802, the reasonable- ness of the protests of the Manx people was amply confirmed. The committee stated that the amount of the surplus to the credit of the Isle of Man was then over £23,000 ; also that, in addition to this, a material portion of revenue, which must fairly be considered as arising from the Isle of Man, was carried to the account of the British revenue, and so did not appear in the account of the produce of the duties of the island;* but, while recommending, as we have seen, that the duke's claim should be granted, they did not refer to the claim of the Manx people to the surplus, and the Bill, which carried their recommendation as regards the duke into effect, provided that the Manx surplus revenue should be paid into and form part of the Con- solidated Fund, instead of into a separate and distinct fund as before, t In consequence of this the English Government maintained that the absorption of the Manx surplus in the Consohdated Fund gave them the right to the absolute disposal * Report of Keys committee in 1891. t An amendment, which was accepted by the Government and passed, to the effect that, if at any time the surplus, after the herring bounties were paid, should be insufficient to pay the amoimt due to the duke, the balance should be made good out of the Consolidated Fund, instead of remaining a charge on the insular revenue, never came into operation, since the balances were always more than sufficient for the purpose. SOCIAL AND ECONOMIC HISTOKY 605 of it, so that the Manx people were actually placed in a worse position than in 1767. Year after year the surplus exceeded the amount payable to the duke, and the excess went to swell the revenues of the United Kingdom. No steps towards putting a stop to this were taken till 1837, when, in con- sequence of a report that the Government intended to raise the customs duties, the agitation was renewed. A deputation* was sent to London to They take ■^ action in 1837 mterview Lord John Russell about the pro- posed changes, but, owing to the death of King William IV., they were unable to see him. They therefore wrote to him and informed him that the Isle of Man claimed to be treated in accordance with the principle recognized by the Act of 1778, t by which the revenues of the North American Colonies were declared to be at the disposal of the colonists. They urged that their case was far stronger than that of the colonists, because the Isle of Man, as being an ancient and independent kingdom, stood on a higher footing ; I that by the Manx Constitu- tion no tax, duty or custom, could be imposed upon them without the consent of the Tynwald Court ; that the duties and customs imposed by the Imperial Parliament on the island were in the nature of penalties for the protection of the revenue of the =■• John Moore and Philip Garrett (members of the House of Keys), Thomas A. Corlett (vicar-general), John James Moore, and J. C. Bluett. t 18 Geo. III. c. 12. I In 1853 the Keys stated that the island had " all the essence of an mdependent state" (Pari. Papers, p. 47). VOL. II. 40 Government. 606 HISTORY OF THE ISLE OP MAN United Kingdom, and that they should not be in- creased beyond the amount necessary for doing this.* They then presented him with a statement showing that, even after deducting the sums paid to the Dukes of Atholl for the insular customs, there still remained a surplus to the credit of the island.! We are not informed what Lord John Eussell said in reply to these contentions, but it is probable that his answer was much the same as the following, which was received when the question The answer of again arose in 1844: " The revenues of the Isle of the Enghsh " Man belong to the public, on whose behalf they were purchased of the Duke of Atholl, and, after * These arguments were repeated in 1853 and 1866. f We have not been able to obtain a copy of the original statement, the following being merely an estimate : — Surplus revenue, 1796-1835 JE383,349 To the AthoUs, in 1765, for customs... ^24,000 Annuity to Duchess, 1765-1804 69,600 Duke, 1805-1825 60,000 Paid to Duke in 1826 (for annuity under theActof 1805) 150,000 Deficit to 1796 31,000 Red Pier and fortifications 34,000 368,600 Surplus.. .^14,749 The j9100,000 for the patronage of the bishopric and fourteen advowsons was not included, since the Government could not expect to get paid for this, nor was the ^£167, 144 for the rents, demesne lands, mines, &c., because it derived an income from them. This income has been nearly ^8,000 per annum between 1830 and 1899, which gives about 4^] per cent, on the capital. Full particulars as to the items of this income are given in Appendix D. SOCIAL AND ECONOMIC HISTORY 607 the current expenditure of the Island is defrayed, under sanction of the Lords Commissioners of Her Majesty's Treasury, the surplus is available for the general purposes of the country." * Notwithstand- ing this, there is no doubt that the action of the Government with regard to the harbour dues t was equivalent to a declaration that it did not intend to press its claim for any additional surplus from the island, and that such additional surplus, if any, should be spent there. After 1844, no further question was ^raised till 1853, when the Keys, on a letter from the secretary of the Treasury to the governor, with a proposal to increase the customs duties, being laid before them, stated that " all obser- vations they make upon the subject of the revenue derived from the Isle of Man are so made under a conviction that the Legislature of this island have a clear and undoubted right to the use and applica- tion of the surplus of such revenue beyond the amount paid for the Government of the Isle of Man." I They passed certain resolutions, among which was one that " the whole of the surplus revenue arising from the customs duties" should be "annually paid over to a separate account, and apphed by the Tynwald Court for public improve- ments in the Isle of Man," § and they appointed delegates ji to go to London to fully represent their * Manx Sun. f See p. 628. I Pari. Papers (1853), p. 13. § Ibid., p. 14. II Messrs. Callister and Dumbell. Governor Hope and the Council co-operated with the Keys in the effort to secure a favourable settlement. 608 HISTOKY OF THE ISLE OP MAN views to the Government. These delegates made the following proposals, as a condition of the assent of the Keys to the increased tariff : That the island should be required to contribute a sum of ^620,000 annually to the Imperial revenue, out of which the Treasury should pay all the expenses of the insular Government, including the £2,300 in lieu of harbour dues, and that all the surplus above that amount should be dealt with as directed by the governor and Tynwald. The Treasury replied that it was " expressly enacted that all the surplus revenue should be paid into the public exchequer," but that, since " their object in the arrangement connected with an increase in the duties " was " not to increase the revenue derived from the Isle of Man," they would " be prepared to add to the sum of =62,300 . . . such further sum as, upon computation, it shall appear as likely to be received under the changes of tariff now proposed." * This sum, which was estimated at one-ninth of the revenue,! was to be handed to the Harbour Commissioners, but the decision as to what public works it was to be applied to was to be entrusted to the governor and Legislature, instead of to the Harbour Commissioners,! who were not then responsible to the Tynwald Court, on the under- '■^'- Pari. Papers (1866), p. 2. These papers give a summary of the much more lengthy " Papers " of 1853. f This was fixed at ,£3,141 annually. I See Pari. Papers (1853), p. 63. But, when this decision had been come to, the commissioners had the spending of the money as before. SOCIAL AND ECONOMIC HISTORY 609 standing that it was to be expended on harbours preferentially and subject to the approval of the Treasury.* At the same time " it was conceded in principle . . . that the Government would not impose new taxes, or increase existing ones, without the consent of the people of the island," and it was stated that there was " no intention to interfere with the pecuHar privileges of the Isle of Man."t Although the question of accumulated surplus, as well as of the whole surplus of each year, was reserved, there is no doubt that the position of the Manx people was greatly improved by the new arrangement. In the following year, however, they were forcibly reminded that their control over their revenue was still strictly limited by a curt communi- cation from the Treasury to the effect that they were " unable to recognize the proportion of the public revenue derived from the Isle of Man in any other light than that in which they regard the revenue from any locality of the United Kingdom."! This communication was in reply to a protest, both from the Tynwald Court and the inhabitants of the island, against the passage of an Act § which ordained that the gross customs revenue of the island should be paid into the Exchequer before, instead of after, the deduction of expenses attending the government of the Isle of Man and the main- ■■■' By 16 and 17 Vic. c. 107. 1 Pari. Papers (1866), p. 2. I Pari. Papers (1864), p. 13. The protests referred to, as well as one in 1856, asking, but in vain, that all the customs dues coUected in the island might be devoted to local purposes will be found in these papers. § 18 and 19 Vic. c. 94. 610 HISTORY OF THE ISLE OP MAN Result of the concessions of 1853. Negotiations reBumed iu 1865. tenance of its harbours and other pubHc works were paid." This was contrary to all previous legislation. But the change was more apparent than real, and the solid gain resulting from the concessions of 1853 was shown by the sudden rise in the expendi- ture from an average of £9,884 annually, in the decade 1836-45, to £14,168, in 1846-55, and to £16,580, in the 11 years 1856-66, and by a check in the expansion of the average annual surplus, it being £13,612, in the first period, £12,651, in the second, and £13,167, in the third. Nevertheless, the Manx people were not yet satisfied with their treatment, and the negotiations were therefore resumed in March, 1865, when Governor Loch, after consultation with the Council, wrote to the Treasury submitting certain proposals for changes in the tariff, " rendered desirable from circumstances which have arisen necessitating a larger expenditure on public works in the Island than the ninth of the revenue can supply."* These proposals were, for the most part, accepted by the Treasury, but they stated that the Government had lost by the arrangement made in 1853, t and declared that the basis of any new arrangement must be that " the effect upon the revenue should be at the risk of the Island, . . . and that, instead of * Manx Blue Bool-. f They can only have had the amounts of the gross receipts up to 1860 before them. Up to that year their payment to the island of d£3,141 annually averaged somewhat more than the one-ninth, but for the whole period 1853-1866 it appears to have averaged somewhat less. SOCIAL AND ECONOMIC HISTOEY 611 a proportionate amount of the gross receipt being paid to the former, the sum going to the Exchequer should be fixed by law"* If the island was wilHng to undertake this risk, the Government would agree to the Tynwald Court having the control of the surplus revenue, subject to certain conditions and charges. The most important question which arose was the amount to go to the Exchequer annually. This, after a much larger sum had been asked, was ultimately fixed at i*10,000 a year or 4^ per cent, on the sum (^6220, 000) f alleged to have been paid to the Duke of Atholl for the customs, which the Government considered " a very moderate return to ask from the Island," seeing that its " military and naval defence is entirely at the expense of the United Kingdom, "t and its inhabi- tants enjoy the privileges of British citizenship conditions ou without its burdens."! These preliminaries having gained control ° of surplus been settled, it was decided that the Tynwald Court revenue, should have the control of the surplus revenue, subject to the supervision of the Treasury and the veto of the governor, after the payment of the following charges : (1) The cost of government, including customs pensions ; (2) the charges for the civil government, including the harbour fund of i'2,300 ; (3) the expenses incurred by the Imperial Government for the island, and paid from votes of Parliament (but not including military - Pari. Papers (1866), p. 19. f We have already seen (p. 606) that this is not the correct amount. I Pari. Papers (1866), p. 19. 612 HISTORY OF THE ISLE OF MAN charges except for the coastguard) ; * (4) one-ninth of the gross customs duties to be set aside for harbour and other public works, subject to the control of Tynwald ; (5) two-ninths of the gross customs duties to be mortgaged by the Harbour Commissioners f for harbour improvements ;l (6) a fixed contribution of ilO,000 to the Imperial Exchequer ; § and (7), after payment of the fore- going, the surplus for general public purposes in the island. Thus did the insular Legislature obtain a substantial share in the control over the revenue, and the expansion of Manx enterprise was no longer prevented by the impossibility of adequately carrying out much-needed public improvements. But the Manx people, as we point out elsewhere,)' gained much less than they expected, and, in after years, when it dawned upon them that the question of the accumulated surplus had not been raised during the negotiations, a fact -" At that time there were certain expenses connected with the island paid in London, but this is not the case now, since it now discharges all its liabilities direct. t These conditions were laid down in the " Isle of Man Customs, Harbom-s, and Public Purposes Act, 1866 " (29 Vic. c. 23). The borro^^•ing powers were entrusted to the commissioners, but the determination of the works upon which the money was to be expended was left to Tynwald, as it had been since 1853. I By Treasury Minute of the 5th of July, 1866, which explained the various conditions laid down by the Act, it was ordered that the interest obtained on that security was to have priority to the paj-ment of ^10,000. § Subject also to a charge for Port Erin harbour which has since then been disposed of. II Book YI. ch. i. ^j 2, where we deal with the effect of these changes on the Constitution. SOCIAL AND ECONOMIC HISTORY 613 which, curiously enough, seems to have been lost sight of by them at the time, a feeling of irritation arose which time has not yet removed. Few dispute the fairness of paying the annual sum of i^lO,000 to the Government for naval and military protection, and, if it had demanded this smn on these grounds before, as well as after, 1866, and, in this way, much more than absorbed the surplus revenue, it is probable that very little objection would have been made. But the irritation referred to arose rather from the fact of the claim for the i^lO,000 being treated by the Government as interest on the capital sum paid to the Duke of Atholl, which (if regarded as a liability on the island at all) might, it was thought, be well deemed to be extinguished by the annual surpluses received up to 1866, which amounted to a much larger sum. We are not, unfortunately, in a position to state what the exact total amount of this accumulated surplus is, because (except between 1766 and 180.5 * and some of the years from 1846 to 1866) we have not been able to obtain access to the original accounts — indeed we are informed that most of these accounts have disap- peared. We have had, therefore, to content ourselves with the summaries of revenue and expen- diture, purporting to have been copied from the original statements, which have been published in Manx newspapers from time to time. There is, * For period 1766 to 1791 see Commissioners' Report. Appendix (B) No 9. We have also the statement made in the House of Commons in 1805 that the surplus for the period 1796-1805 was above Je23,000. 614 HISTOEY OF THE ISLE OF MAN however, no reasonable doubt that the surplus due by the Imperial Government to the Isle of Man in 1866, after payment of all the claims of the AthoU family, was a very large one. It would seem, however, that the governor and Tynwald Court committee engaged in the negotiations were so impressed with the belief that the Government's proposals were very advantageous, that they did not venture to raise the accumulated surplus question for fear of their being withdrawn. In 1891, however, a committee of the Keys endeavoured to get some information from the Treasury with regard to it, but they only succeeded in eliciting the unsatisfactory reply that "My Lords " were not " able to ascertain whether any net revenue between 1805 and 1825 can be specifically attributed to the Act of 1767, but as the annuity to the Lord was commuted for £150,000 it evidently exceeded in value the whole net revenue." * Post Office. We should not omit to notice that during this period the revenue for the first time received some addition by the establishment of an insular Post Office in 1767.1 It would appear that letters had previously been conveyed to and from the island by private enterprize, but, in and after that year, the Government chartered a packet I for the conveyance "= That this statement is incorrect will be shown bj' reference to Appendix C, where full particulars of revenue and expen- ditui'e between 1766 and 1866 are given. I The only account there is of this, till 1851, is for the decade 1782-91, when the receipts were ^347 and the expenditure J9179. These receipts were increased by the Act of 1805, by which additional rates were imposed on letters to and from the island. I By Act 7 Geo. III. cap. 50. A single letter paid 2d., a SOCIAL AND ECONOMIC HISTORY 615 of the mails between Douglas and Whitehaven, which sailed once weekly. In 1822, the mail service was transferred from Whitehaven to Liver- pool, but, though there had been steamers running to the island since 1819, the letters continued to be taken by sailing vessels till 1825, when they were entrusted to a Liverpool line of steamers, calling at Douglas on their way to and from the Clyde. The mail was still, in accordance with the contract, once a week only, though in the summer letters were actually taken more frequently. In 1833, a contract was made by the Postmaster-General with the Isle of Man Steam Packet Company for the conveyance of the mail twice weekly between Douglas and Liverpool and vice versa* In 1839, the rate of postage to and from the island was made uniform with that throughout the United Kingdom, and, in 1840, this rate was fixed at a minimum of a penny, and a money order department was estab- lished. Till 1842, people had to call at the office in each town for their letters, but, after that date, letters were taken round the towns only by postmen.! In 1851, the postage on letters from the island amounted to £3,595 annually, and the expenditure was £1,495, double 4d., and treble 8d. from Whitehaven to Douglas, or vice versa. The inland postages were to be at the same rate in the Isle of Man as in England. By the 1st of Victoria, c. 81, the rates within the island were, not exceeding fifteen miles 4d. per oz. ; exceeding fifteen and not exceeding twenty, 5d. ; exceeding twenty and not exceeding thirty, 6d. '■'■ The Company was paid .£850 per annimi for this. f In 1845, there were only two letter-carriers in Douglas. The post ofiice was then in Thomas Street. 616 HISTORY OF THE ISLE OF MAN including the mail contract ; and yet, in 1853, the Lords Commissioner of the Admiralty, who, in 1837, * had taken over the administration of the insular post, would only renew the contract on the same terms as in 1833, and they decHned to accede to a memorial from the island praying for at least three mails a week, ExpENDiTDBE. jn dlscusslng the revenue we have already inci- dentally referred to expenditure, a summary of which has been given in Appendix C. Of the items of which the total amounts stated were composed very little information is obtainable. We know that between 1805 and 1826, £3,000 annually was paid to the Duke of Atholl, that ^624,000 was spent on the Eed Pier, £10,000 on fortifications, £2,000 (in 1841) on the Tithe Valuation, £1,050 (in 1845) on pubHc works, and £4,350 on public buildings, including Douglas Court House (between 1847 and 1850) ; also that, after 1844, £2,300 was set aside for harbours, and that, after 1853, one-ninth of the gross customs revenue, fixed at £3,141 annually, was applied in the same way. The chief regular items were (1) Civil List, which was £1,474 in 1790, it having averaged about £1,300 between 1771 and that year ; in 1799, it was £2,114 ; in 1803, £2,204 ; in 1830, £4,705 ; in 1843, £4,757 ; and, between 1847 and 1853, on an average, £6,400. t (2) Cost of collection, which was £1,803 in 1790, - This was restored to the Post Office in 1860. f No further statistics either of Civil List or of cost of collection are procurable till after 1866. SOCIAL AND ECONOMIC HISTOKY 617 £2,700 in 1792, ^61,910 in 1830, ;£2,988 in 1843, and, on an average, between 1847 and 1853, ii3,300.* (3) The salaries to the Revenue officers, which averaged about ^£800 between 1767 and 1791, being £919 in the latter year. They were £961 in 1800, and £1,246 in 1802, about £4,100 in 1826, and about £5,500 in 1866. By the Mischief Act of 1765, f the British taxation. Parliament obtained the control of the insular customs establishment. It then became necessary to make further provision for the expenses of its government, and so Parliament, in 1767, assumed, for the first time,t the power to impose taxes on the Manx people, by enacting new customs' duties, and by, at the same time, repealing the duties levied by the Tynwald Court. § By the Act of 1767, the Effect oUhe •^ ^ J ' Act of 1767. Commissioners of Customs were empowered to grant licences for the importation of a limited '■' See Appendix E for Salaries. f It may be mentioned that in this year the Commissioners of the Customs in the island presented a memorial to the Treasury, praying for annexation to Cumberland. This memo- rial was shown to George Moore, Speaker of the House of Keys, then in London, who represented that "the British duties on coals and salt, with taxes and excises on the interior commodities were burthens quite disproportionate to the abihties of the people." His representations were successful in preventing the proposed change, and so he congratulated himself on having " contributed to avert the total ruin of the Isle " (MS. letter to Bishop Hildesley from George Moore, afterwards Sir George). \ Except for a small fee exacted from Manx seamen in 1745 for the support of Greenwich Hospital. § 7 Geo. III. c. 45. " In the previous year," says Sir James Gcll, " the Parliament had asserted their right to tax 618 HISTOEY OF THE ISLE OF MAN Changes made by subsequent Acts. Chief grievances. quantity of British spirits (including rum* from the British plantations), tea, coffee, &c., at low duties, while the importation of foreign spirits was prohibited.! In 1780, some slight changes I were made in the duties ; and, in 1798, t further changes were made, the importation of foreign spirits being allowed and that of British spirits prohibited. In 1805, the duties granted under previous Acts were consolidated, and they were ordered to be raised under the authority and direction of the Commissioners of Customs in England. Customs Acts were also passed in 1810, 1811, 1821, 1825, and 1833. That of 1821 increased the duties on spirits and tobacco, and that of 1833 increased the duty on wine and took off the duty on coal. Till 1837, the Manx people bore these various changes almost without protest, though there was a growing sense of the injustice of depriving them, not only of any control over the revenue § arising from the duties, but of any share in fixing what these duties were to be. The chief specific grievances . . no greater, Parliament to the American colonists against their consent . and probably a lesser, right existed in the tax the people of the Isle of Man " (Manx Soc. vol. xii. p. 142). '■"'• This spirit produced much more revenue than any other item, the duty on it amounting to £8,458 in 1790. Tobacco in the same year gave ^2,556, it having risen from £807 in the previous year. The duties on other British spirits averaged about ^£400 yearly between 1770-2 and 1780-4. •f This prohibition was a most fertile source of smuggling. 4 Appendix A. § We have already seen what the deputation, which then went to London, urged about the revenue. SOCIAL AND ECONOMIC HISTORY 619 were caused by a proposal to impose a duty on the import of British, as well as foreign timber, * by the ad valoreyn duties, and by the continuance of the licence system. Nothing was, however, done at this time, probably owing to the change of Ministry, either to increase taxation or to redress grievances. It was, therefore, reserved for Dr., afterwards Sir John, Bowring, M.P., who took a warm interest in Manx affairs, to point out, when the question again arose in 1844, the injustice inflicted by the ad valorem duties and the licence system. When it is remembered that the ad valorem duties, which were 15 per cent, on some articles + and 5 and 1^ per cent, on others, t were charged over and above the duties that had been already paid on them, if they came, as they generally did, from or through the United Kingdom, it will be seen how unfair they were to the Manx people ; the 15 per cent, duties, in particular, bearing heavily on the fishing and agri- cultural interests. It was largely due to Dr. Bowring's ^g^^^°'^'^^ ^"^ able arguments in the House of Commons, in 1844, that the 5 per cent, and 2^ per cent, duties were done away with and the 15 per cent, duties suspended, § while the greater part of the licence system was got rid of. Large reforms were at this time being made by Sir Robert Peel in reducing the duties on articles of necessary consumption, by which the Isle of Man '■•• This proposal was not renewed. f E.g., clover seeds, guano, tanner's bark, tar and pitch. \ Every article of foreign food, and on all goods, with very few exceptions, of British manufacture. § They were aftcrwarda dropped and not renewed. 620 HISTOKY OF THE ISLE OF MAN benefited. Thus, in addition to the reductions already referred to, the duty on iron was abolished,* also that on coffee, but, unfortunately, that on tea was increased from 6d. to Is. per lb. and those on spirits were reduced. In 1853, the question of re- adjustment of Manx duties was again brought And in 1853. forward by the Treasury. The main provisions of the Bill t embodying its views were that the Isle of Man was to be included in a general Con- solidation Bill I for regulating the customs duties of the United Kingdom, that the licence system and the 15 per cent, duties were to be abolished, and that the duties on spirits were to be increased, though still remaining considerably less than in England. Other changes were the reduction of the duty on sugar, and the repeal of the duty on timber. Objections were made by the insular Legislature to the effect that the island should have been placed in a distinct Act and that the rates of the duties were greater than was necessary to prevent smuggling. The Treasury replied that its object in placing Man in a general Act was merely one of convenience, that it had no intention of interfering with the peculiar privileges of the Manx, and that, ■■'• The duty on English corn was put on a sliding scale of from Is. to 24s. 8d. per quarter according to price, instead of 10 per cent. In 1846, the scale was altered to from 4s. to 10s., and, in 1849, a fixed duty of Is. was established. f 16 and 17 Vic. c. 106. I Contrary to the provision in previous Acts that the Manx Revenue should be paid into the Exchequer "distinctly and apart from all other branches of the publick revenue " (5 Geo. III. c. 45). SOCIAL AND ECONOMIC HISTOEY C21 as to the rates of duties, it had been guided by the customs authorities and the governor. It pointed out that the only articles on which the duties had been increased were foreign spirits, manufactured tobacco, cigars, and rum, while there were, on the other hand, several reductions together with numer- ous advantages gained by the Manx traders,* and it declared that its only motive for proposing any "' They summarized these as follows : — 1. The abolition of the licence system. 2. The admission of British spirits which were previously prohibited. 3. A reduction on refined sugar from 9s. to 6s. and " a removal of the existing restrictions on the use of British refined duty-paid sugar under drawback." 4. A reduction of the duty on tea from Is. to 6d. 5. The entire repeal of the duties on timber. 6. Full participation in the advantages of trade possessed by the United Kingdom. Under this last head they explained, that, under existing law, Manx traders were unable to export any foreign goods to United Kingdom, except corn, and that they " will now be able to do so, unless they are subject to a higher duty in the United Kingdom than in the Isle ; that other foreign goods as well as corn and flour can now be warehoused in the Isle." Certain foreign goods can now be imported from any place and not from Great Britain only ; that instead of the most important of the foreign goods being only allowed to be im- ported m British ships, and to the Port of Douglas onlj-, all restrictions would cease, and, instead of the trade of the island with United Kingdom being on the footing of a coasting trade only in respect to certain articles, it will be admitted to this privilege on aU articles. They remarked also that the existing Act of 1845 contained numerous prohibitions and a list of rules peculiar to Isle of Man. These were now swept away, and the same code and regulations as in United Kingdom were extended to Isle of Man. In fact, the insular ports were placed in the same position as the ports of the United Kingdom (see Pari. Papers (1853), pp. 15-22. Treasury Minute of 8th July). VOL. II, 41 622 HISTOEY OP THE ISLE OF MAN Practically ensured the freedom of Manx trade. Description of the system of taxation and its results. changes was to release the trade of the island from the restrictions imposed by the licence system. The Manx delegates * were, however, not satisfied with these proposals, and they succeeded in obtaining some slight reductions of the duties. The new Act t was a great step in advance, because it practically ensured the freedom of Manx trade, the only restrictions under it being that the quantity of spirits allowed to be exported from the island was limited, and that power was retained by the Treasury to limit the importation of foreign goods. The chief changes, as regards customs duties, made by it were the increase of duties on spirits, the legahzation of the importation of whisky, j which had been prohibited since 1798, and the abolition of the duty on timber. As regards the changes in duties in 1866, a reference to the tariff will show the considerable advance of those on spirits and tobacco. § Such was the system of taxation imposed on the Isle of Man by the British Government. Up till 1844, it may be succinctly described as an ingenious means of injuring the Manx consumer, by establish- ing monopolies and of worrying the Manx trader by =■= Dumbell and Callister (see under Revenue). f Or rather Acts, i.e., " The Customs Tariff Act " and " The Customs Consolidation Act," 16 and 17 Vic. c. 106, and c. 107. I This resulted in a greatly decreased consumption of brandy and gin, especially the latter, and it was found that, notwith- standing the increased duties, the retail price of spirits was not higher, since the abolition of licences allowed full competition between the dealers. § Appendix A. SOCIAL AND ECONOMIC HISTOEY 623 enforcing a number of absurd and complicated regu- lations. But its worst feature was that, by the comparatively small duties it placed upon spirits imported into the island, as compared with those imported into England, it not only encouraged smugghng to the adjacent coasts, but promoted drunkenness. Most of the evils and discontents which beset the island between 1765 and 1844 are traceable to these two causes. If a larger revenue had been raised from intoxicating liquors, and if that revenue had been expended on the island, reserving a reasonable sum, as after 186G, in pay- ment for Imperial protection, the condition of Manxland would have been very different from what it actually was. * After 1844, however, the Government began to see the error of its ways. The duties on spirits were gradually increased, and the duties on articles of beneficial and universal consumption, such as tea, especially after 1853, were reduced, with the result to which we have already referred. As regards local taxation, apart from a fee of Local taxation, ninepence payable for a pass which, till 1853, every one had to get before leaving the island, f there continued, till 1860, to be no direct money imposts, except the small sums from public-house licences * It must be remembered that a similar mistake, as regards spirit duties, though not to such a large extent, was made in England. f Feltham {Manx Soc, vol. vi. p. 115). Though we do not hear of this fee before 1798, it was probably imposed before. 624 HISTORY OF THE ISLE OF MAN and dog licences * which were appHed to the main- tenance of the highways, f and so, as of course many did not require these hcences, a large part of the population was entirely exempt from direct taxation. | But, in that year, the Lunatic Asylum Act § provided for the valuation of real estate and for levying a rate upon it, on the basis of this valua- tion, and, in lieu of highway labour, a rate of three shillings was imposed on every house in Douglas ; || the other towns contributing in the same way as the country. hakbodrs. One of the most serious blows to the independence of the insular Legislature and to the prosperity of the island resulting from the Revestment was the loss of all local control over the harbours, which were then placed in charge of the English Treasury, as represented by its officer, the receiver-general, and a body H composed, either directly or in- =■'■ Excepting also church cess (see p. 851) and certam fees (see p. 635). f See p. 635. I The lord's rent and mining royalties cannot be called taxes. The sums of 2s. per quarterland and 6d. per intack, payable to the Dulte of Atholl in lieu of carriage services ceased to be paid soon after the Eevestment (Comrs.' Report, pp. 16-19). The only service of this kind, which was demanded till well on into the present century, was certain days of labour, called " boon " days, from the tenants of the Abbey-lands. § Statutes, vol. iii. p. 46. This rate was to rank next in priority after lord's rent and tithe. II Statutes, vol. iii. pp. 97-8. H They consisted of the receiver-general and his deputy, the water-bailiff or collector, the comptroller and searcher of the port of Douglas and the deputy water-bailiffs of the ports of Derbyhaven, Peel and Ramsey. SOCIAL AND ECONOMIC HISTOBY 625 directly, of the nominees of the Crown, and there- fore, not responsible to the Tynwald Court. In 1771, some slight effort was made to supply the want of local knowledge by introducing four " creditable merchants," * one representing each of the principal ports, as members of the new Harbour Board, but, since they only formed a minority of it, they were not able to exercise much influence. The admfni'srration consequence of this administration of the harbours and its result, by ofiicials who had no interest in the welfare of the island was, as we learn from the evidence given before the commissioners in 1791, that they had gradually fallen into decay, t The commissioners urged that the making of harbours "capable of Th^e report of offering space and convenience to carry on the commissioners operations of trade . . . and of yielding shelter and refuge to vessels navigating the perilous and narrow seas which surround the Isle of Man . . . must be deemed objects worthy of the utmost public regard." I They also urged the necessity of lighthouses, of which there were none, there being only harbour lights. One result of this report was an effort on the part of the British Government to fulfil a * They were not paid. \ The Duke of Atholl stated that Douglas harbour was in a ruinous condition, that the pier built at Peel before 1765 had been entirely carried away, and that Ramsey harbour and pier were in a state of " extreme decay," the mouth of the harbour being choked by a sandbank (Comrs.' Report, App. (D), No. 31). \ Comrs.' Report, p. 91. In accordance with this report a plan was prepared showing one breakwater from Conister and another from Douglas Head which enclosed an area of 80 acres at low water. 626 HISTOEY OP THE ISLE OP MAN portion of its obligations by causing iB24,000 to be voted by Parliament in 1793,* which was entirely expended in erecting a pier, now known as the Red Condition of Pier, t in Douglas. The harbour of this town had, Douglas ' " ' harbour. indeed, been in a lamentable state. In 1786, eighty- four yards of the end of the old pier were destroyed by an easterly gale, and the pier was still further damaged by the severe gale of the 21st of September, 1787, when part of the herring fleet was lost. This resulted in the harbour being so choked with stones that only vessels not exceeding 250 tons could enter where formerly there was ingress for vessels of 500 tons.t The erection of the new pier was a great im- provement, but, unfortunately, between 1808 and 1829 much valuable harbour space came into the possession of private individuals owing to the greed or carelessness of those in authority, and was thus lost to the public. In 1808, this fate befell the beach between the Red Pier and the Pollock rocks, where the herring boats used to lie; § and, about 1820, the " lake," "•■• Pre\'iously to this date the only record of expenditure was in 1790 when, of the sum of £415, received from harbour dues, herring customs and bay fisheries, d£368 was laid out on harbours (see Comrs.' Report, p. 26). The total revenue from harbours from 1771-1780 was j£3,480, of which herring customs and the bay fishery amounted to £1,451 {Ibid., App. (B) No. 9). f A report from the committee on the " Isle of Man Port Petition " (Pari. Papers, 1804) proves this. Train's statement (vol. ii. p. 364) about the way in which this money was provided is therefore mcorrect. I Comrs.' Report, App. (D) No. 17. § A useful shelter was thus lost. It was afterwards occupied by Aitken's building yard, and then by baths, part of it being SOCIAL AND ECONOMIC HISTORY 627 which at that time afforded a valuable shelter for small craft, was enclosed and filled up. * All that Jhe other ■■- harbours. was done for the harbours of the other ports was the building, about 1796, of a wall between Peel Island and the mainland, which gave the harbour some protection, and, in 1810, the repairing and lengthen- ing of the pier, which had been carried away in 1809. f A pier and a lighthouse were built at Port St. Mary in 1815 ; and, in 1816, hghthouses were constructed by the Commissioners of Northern Lights at the Point of Ayre and the Calf of Man. I Between 1830 and 1860, many ambitious schemes for the improvement of the insular harbours, especi- ally that of Douglas, § were propounded, but very little was done to carry them out, because the means available for such a purpose were quite in- sufficient. Some good work was, however, done by the building of the Tower of Refuge on Conister, in Douglas Bay, in 1832, |i by the completion of the Douglas Head lighthouse in the same year, and of known as " Bath Place." A petition against this was sent to Lord Sidniouth as late as 1821, but it had no result. "-•' In this case, however, the Duke of AthoU, who had sold it in 1769, was alone to blame. f The pier which was washed away in 1809 had only been in existence a short time, it having been constructed since 1793. Its predecessor had been destroyed in 1764. I Under Act 55 Geo. III. cap. 67. § The first actually made public was one by Sir John Rennie in 1835 (he produced three different plans) ; the second by Captain Denham in the same year, and the third by James Walker in 1838. II Entirely through the exertions of Sir William Hillary, one 628 HISTOEY OF THE ISLE OF MAN Harbour Connuissioners obtain borrowing powers, And a fixed income. the south jetty of Douglas harbour in 1838. In the latter year, the Harbour Commissioners petitioned the Treasury to grant them a larger sum for the administration of the harbours and to permit them to borrow money for the construction of works. In consequence of this, an Act was passed in 1840 * which gave them the desired powers. They thus obtained £8,000, which helped them to build a breakwater at Derbyhaven, and part of the North pier at Ramsey, to improve the pier at Peel, and to form a basin at Castletown. In 1844, harbour dues were abolished,! and jG2,300 was ordered to be paid to the Harbour Commissioners out of the customs revenue in lieu thereof.! In 1847, the commissioners complained to the Treasury that this sum was altogether too small for the maintenance of the harbours, and they referred particularly to the exposed condition of Douglas harbour. Captain AVashington, E.N., was sent over in consequence of this complaint, and, in 1850, he reported that the constitution of the Harbour Board was altogether unsatisfactory, that the commissioners had no practical knowledge of their work, and that they audited their own accounts, which were very badly kept. He also made a number of valuable sug- gestions with regard to the improvements required. Notwithstanding these strictures, no change was of the founders of the Royal Lifeboat Institution, who hved in the island. The first lifeboat in the island was presented by the Duke of AthoU in 1803. It was kept in Douglas. - 3 and 4 Vic. c. 63. f By Act 7 and 8 Vic. c. 43. I The dues in 1844 amounted to j62,348. sioners. SOCIAL AND ECONOMIC IIISTOEY 629 made in the Harbour Board, but, in 1853, one-ninth rhangesin of the gross customs revenue, estimated at £3,141 annually, was granted* for effecting improvements in the harbours and other public works, harbours having the priority. The power to determine what these works were to be was placed in the hands of the Tynwald Court, subject to the approval of the governor, not in that of the Harbour Commissioners, who, however, though not responsible to the court, still retained the power of carrpng out all new harbour works as they thought proper, as well as of superintending the maintenance and repair of existing works.* In 1855, James Walker, one of the ?epo''t'?,?f„ o ' ' James Walker Admiralty engineers, recommended that a break- commFs^"^^^ water should be constructed from the two-gun battery on Douglas Head in a north-easterly direction, for about 200 yards, at a cost of a£'23,000, and that the Ked Pier should be extended for 100 yards in a south-easterly direction. The first of these recommendations was endorsed by the Tynwald Court in 1857, and it also decided on completing the north pier at Eamsey for .£7,000, and a breakwater at Peel for £6,000. In 1858, the Royal Commissioners of Harbours visited the island, and reported that it had strong claims to consideration from its central position, its rugged shores, its extensive herring fishery, and the total absence of deep water harbours. They said that, as " Douglas is the place of the greatest trade importance, and as between this port and Liverpool lies the line of communication for ■■'■' By 16 and 17 Vic. c. 107, sec. 355. 630 HISTORY OF THE ISLE OP MAN passengers and mails," they had " no hesitation in recommending the construction of a refuge harbour in the small bay outside the existing port." * They estimated the cost of this at £100,000. They also recommended a pier from the "Horse-rock" at Castletown, at a cost of iG15,000, and a pier from the south shore at Port Erin, at a cost of ,£25,000. No important Bctwccn 1853 and 1862 very little advance was work begun "^ till 1862. made in improving the insular harbours, the idea being to let the surplus, of about £3,000 yearly, accumulate till a sufficient amount should be obtained to enable really important works to be carried out.t It was decided that there was to be a pier at Ramsey, and breakwaters at Peel and Douglas, plans for which were decided in 1860. The work at Ramsey t was merely a continuation of an existing pier, and was not to be extended below low-water mark. The breakwater at Peel § was designed to give shelter to the fishing boats in the harbour, and that at Douglas to afford a safe anchorage in deep water at all states of the tide ; but, in this last case, the area enclosed was quite inadequate for the shipping which resorted to the port. The Douglas breakwater was commenced in June, 1862, on the plan of Abernethy,ii which was * Imperial Blue Book. f An Act (23 & 24 Vic. c. 56) was passed by Parliament in 1860 to enable the Tynwald Court to borrow money for such purposes. I To cost .£6,000. § To cost ^910,000. II This scheme was practically forced on the Tynwald Court, which desired the solid work designed by James Walker, the estimated cost of which had been increased to .£50,000 by the SOCIAL AND ECONOMIC HISTOEY 631 that of a creosoted wooden superstructure upon a sloping foundation of loose rubble.* Its cost was to be £48,000. To enable these works to be undertaken a loan of "^'hen money was borrowed £45,000 was obtained from the Public Works Loan J,°J'j.poso. Commissioners on the security of one-ninth of the gross customs revenue, which was to "be applied to such improvements only as the Court of Tynwald shall have determined to be undertaken."! When Governor Loch arrived in the island in 1863,1 he found that £8,000 of this loan, as well as the whole accumulated " one-ninth " since 1853 had been spent. His first efforts were directed towards the com- mencement of the work at Port Erin,§ in favour of The Port Erin 1-1 !•;• 1T1 1^ 1 breakwater. which petitions had been sent to the Crown by the Manx fishermen, ]] Liverpool shipowners, and Admiralty, " but the Imperial Government stepped in and left the insular legislature scarcely any option between an indefinite postponement of the work and the acceptance of the plan proposed by Mr. Abernethy . . . and approved by the Admiralty" {Manx Sun). '■'' The Ramsey and Peel works were of the same character. After the disaster to the Douglas breakwater, the latter was cased with concrete blocks. f Permission was granted by the Act 23 and 24 Vic. c. 56, for this loan, the annual payment for which absorbed about ^£2,362. I He laid the foundation of the Peel breakwater in June of that year. § It had been recommended in 1791, and again m 1835 and 1859. II The fishermen who, in 1847, had sent a delegate to London to ask the Government to provide harbour accommodation at Port Erin, agreed to pay a toll of £2 annually per boat, and they said in their petition " give us a place of safety at Port Erin, and we can take twice or three times as many herrings in the season." 632 HISTOEY OF THE ISLE OF MAN others.* As a preliminary step he obtained the introduction of a Bill into the House of Commons, which became law under the title of "Isle of Man Harbours Act." f By this the taking of harbour dues at Port Erin was authorized, and power was given to the insular Harbour Commissioners, with the approval of the Board of Trade, to borrow on the security of these dues, supplemented to the extent of dBl,600 a year by the surplus customs revenue of the island, t A sum of £58,200 was thus obtained, § and the work was begun in October, 1864. In Destruction of January and February, 1865, the breakwater in the Douglas breakwater. Douglas Bay, popularly called " Abernethy's bird- cage," about 500 feet of which had been com- pleted, was destroyed by storms, it having been injured by the same cause in the previous year. The position as regards harbours then became a very unfortunate one, for more than two-thirds of the resources at the disposal of the Tynwald Court had been pledged, and most of the money thus obtained had been spent, with but little result to Highways. show for it. The highways, fortunately, remained under local control, their management, in fact, being the only question i| which the Tynwald Court, in its =•= Mr. Milner, of "safe" notoriety, was one of the prime leaders in this movement. f 26 and 27 Vic. c. 16. I By 27 and 28 Vic. c. 62, it was provided that, if the dues were insufficient to pay the interest on the loan, " the amount deficient to an extent not exceeding jE1,600 in any one year, shall be charged and paid out of any surplus customs revenue of the island." § At 3} per cent. II Except the Lunatic Asylum at the very end of this period. SOCIAL AND ECONOMIC HISTORY 633 administrative capacity had to deal with. In 1765, a committee of the court * was appointed to consider the whole question of their maintenance and improve- ment. One of their first steps was to appoint as "super- visor-general," a Scotsman, James Hamilton,! who had, some two years before, been brought to the island by the Duke of Atholl, in order to make roads, t and they ordered that the highways should " be widened where requisite to eighteen feet in breadth in every part and place." I But it was soon found that the means at the disposal of the court were quite insufficient to carry out these alterations, and so, in 1776, an Act of Tynwald was passed by w^hich the The Act of whole of the sum § imposed on public-houses, and not merely a part as heretofore, was to be expended on the highways, and the taxes laid on dogs for the same purpose in 1763 were increased. § It was also ordained that the proprietors of quarter-lands were to send four men each, the proprietors of lesser holdings in proportion, and the occupiers of houses one man each, to repair the highways when re- * This was only a temporary committee, the highways, till 1776, being managed as oi'dained by the Act of 1713 (see p. 447). f He appears to have been very successful in impro\Tng the Manx roads which were previously mere bridle tracks, and not designed for wheeled vehicles. The gratitude felt for this was embodied in the following distich engraved on a gold medal which was presented to him : — " Slane booise as imraa dys Hamilton dy braa, son raadjyn mooar jeant trooid yn Elian veg sheeant." (" Heartiest thanks and remembrance to Hamilton for ever, for high roads made through the Uttle holy Isle.") I Lib. Scacc. § Statutes, vol. i. pp. 297-303. 634 HISTOEY OF THE ISLE OP MAN state of the roads early in the 19th century. quired.* The new highways were to be eight yards broad from ditch to ditch, and a committee of five persons was appointed by the Tynwald Comrt to administer the Act.! The amount of money thus obtained was, even with the labour exacted, insufficient to keep the roads in proper repair, their state being described, at the beginning of the nineteeth century, as "in general but indifferent," I though it was admitted that this was mainly due to neglect on the part of the parochial surveyors ; and, according to another contemporary authority, it was a great improvement on that of forty years earlier, when " they were dangerous for horsemen in winter, and for carriages even in summer." § It should be observed that at this time, owing to the change in the value of money, it had become a very general practice to escape the obligation of supplying labour by the payment of the penalties imposed by the Act of 1776 for neglect. || It was, therefore, necessary both to increase the ^' A cart with two horses and a driver was considered as equivalent to four men, and a " wheel-car " with one horse and a driver as equivalent to two men. f Statutes, vol. i. pp. 297-303. Between 1776 and 1835 this committee was taken from the Keys only ; after 1835 the Council was also represented upon it. I Quayle, p. 131. § Wood, p. 39. Jefferys, however {Guide, p. 79) writes, in 1809, " the public roads which are kept in as high a state of order as the finest turnpike road in England." On the other hand, the ManJcs Advertiser in 1812 declared the roads near Douglas to be "impassable." This evidence, in conjunction with that given above, certainly outweighs that of Jefi'erys who was merely a visitor, and had probably merely a ghmpse at the roads. || Quayle, pp. 134-7. SOCIAL AND ECONOMIC HISTOEY 635 funds at the disposal of the Highway Committee, and to impose heavier fines on those who did not perform their highway labour. But only the first ^nds"^'^ need was attended to by the Act of 1813, which '^fg^^^'^^'^'i ^"^"^ largely increased the duties levied both on public- houses and on dogs.* In 1817 a further Act was passed, whereby a duty of ^20 on bankers' licences f was made payable to the highway fund ; as were, in 1826, sums of ii25 from each advocate admitted to the Bar ; I and, in 1827, duties of £5 § on brewers' licences. In 1819, the fines for non-performance of highway labour were made heavier, the amounts payable for public-house licences and dogs were again increased,!] while a licence was imposed on pedlars. About jG1,000 per annum was thus obtained, and seeing that the condition of the main roads between the four towns was much improved, though that of the other roads left much to be desired, H it seems to have been judiciously expended. In 1830, an effort was made for the better main- tenance of the highways by imposing some additional taxation ; and since the mode of punishment for non- performance of highway labour provided by the Act of 1776 had not been found effective, it was ordained that any one not doing his prescribed amount of labour was to be fined,** and that such fines were not =•' Statutes, vol. i. pp. 366-9. •f- Ibid., p. 394. I Ibid., vol. ii. p. 3. § Ibid., pp. 10-11. II Ibid., vol. i. pp. 404-13. IT Manks Advertiser. ■•■*- Is. 6d. for each labourer, 4s. for a single cart horse and driver, and 7s. for double ditto. {Statutes, vol. ii. pp. 14 and 22.) 636 HISTORY OF THE ISLE OF MAN to exempt from the obligation to perform the labour. The Highway Committee were given powers to borrow and to take contracts for highway work, subject to the control of the Tynwald Court. In 1843, the income of the highways from taxes was £2,074, and from labour il,980.* In 1860, the inhabitants of Douglas were exempted from per- forming highway labour, but in lieu thereof they were taxed in money as already stated, t § 5. Military Organization. Military Wc will now briefly tracc the history of the Manx Organization. _ _ . military forces after the passing of the Kevestment Act. In 1779, war having been declared against Spain, the militia was called out to perform the duties of " watch and ward." I Between 1765 and that date, the custom of " calling the inhabitants Neglect of the together to mustcr " had been " entirely neeflected," foot militia. ° J & ' SO that there were " but few officers capable of teaching the exercise properly," § and most of the men had become " altogether unaccustomed to and ignorant of any military order and discipline." |i This state of affairs probably explains why the celebrated Paul Jones was enabled to swoop down on the ■■• The labour was reckoned at Is. 4d. per man per day. f See p. 567. \ Lib. Scacc. It was ordered, at the same time, that " upon the first appearance of the enemy all horses, oxen, and cattle . . . and provisions be driven and removed to some place of securitj'." § Lib. Scacc. Order of Duke of Atholl, dated 12th of March. II Rev. W. Crebbin, vicar of Jm-by, writing in 1779. SOCIAL AND ECONOMIC HISTORY 637 island and to carry off some prisoners,* as well as much booty, without being interfered with. It is on record that the militia were again called out in 1793, f and, in 1798, Feltham mentions that the militia were " commanded, under the governor, by three majors and seventeen captains of parishes." I And yet, only three years later, it would seem that this ancient organization had been superseded, since a proclamation issued by Lieutenant-Governor Shaw ordered the captains of parishes to make lists " first of those able to bear arms and willing to join the enrolled Volunteers in the more active defence of their country, . . . and next of those to be employed with the able women in driving cattle and other effects to the mountains." § It is curious that, which •T'i-1 practically though there is no record of the militia having been 9^^^^i^ ^° ^^^^ called out since 1793, its captains have been con- "->= These prisoners, among whom was the bishop's chaplain, were set free on paying ransoms. f In this year twenty of the militia guarded Castle Rushen, each parish sending twenty men m turn, they being relieved every twenty-four hours. I Manx Soc, vol. vi. p. 21. It is interesting to note that in 1799 the old custom of sending round the cross was not yet obsolete. For, in that year, some persons had sent round the cross in the parish of Rushen to call out the militia for a joke, and, in the course of the judgment passed upon them for so doing, it was remarked that " according to an antient and laudable custom ... a certain instrument called the cross hath been and is made use of in the different parishes ... by order of the proper officer or officers for the purpose of calling the whole or a certain part of the parishioners together in case of invasion by an enemy and upon other emergencies," and that "great respect hath been paid to the summons given by means of the said instrument " {Lib. Scacc). § Lib. Scacc. VOL. II. 42 in 1793. 638 HISTOEY OP THE ISLE OF MAN tinued as civil officers to the present day, their duties * being connected with the preservation of the peace, though recent legislation has conferred on them the additional function of acting as return- ing officers at school-board elections. The uniform vi^orn by the militia, or rather by its surviving captains, as late as fifty years ago, was dark blue The horse- with red faciugs. The horse-militia survived a little mihtia survive o till 1822. longer. In 1793, Briscoe's Manx Mercury, in describing the proceedings at Tynwald, remarks that, "in addition to the Manx Fencibles, his Excellency the Duke of Atholl was attended by the cavalry of the Isle, which consists of a certain number of horsemen from each parish, amounting in all to upwards of a hundred. They were all properly accoutered, and appeared a remarkably fine body of men." In the Orderly Book of the Fencibles, referring to the arrangements for the same occasion, the following notice occurs : — " The Hill will be guarded by the horsemen, who, on all such occasions, are the constitutional guards of the Governor and Legislature of the Island and to be considered as the eldest brothers of the infantry." In 1820, this corps consisted of one troop, under a captain- commandant, two lieutenants, and a cornet. In 1822, a " strong muster of " it was at Tynwald, but, after that date, nothing more is heard of it. During the period of the long war with France, at the end of the last and the beginning of the ■'■ Though, according to their commissions, they arc still obliged to " train up and exercise " the militia, if required. SOCIAL AND ECONOMIC HISTORY 639 present century, several volunteer corps were embodied. They were—" The troop of Constitu- ^"twccrma tional Dragoons," "The Yeomanry Cavalry," "The aKssr*^ Manx Gentlemen and Yeomanry," and " The South Manx Volunteers," and " Dawson's Volunteers," who were foot soldiers. The troop of Constitutional Dragoons was raised in 1793, mainly by the exertions of George Quayle, of Castletown ; but it did not last long, because, in 1796, the Duke of Atholl found fault with its appearance and with some arrange- ments made by the officers, who consequently resigned, and the troop was disbanded. In 1799, the indefatigable George Quayle organized " The Manx Gentlemen and Yeomanry," which was disembodied on the conclusion of peace in 1802. Their uniform was dark blue. "The Manx Yeomanry Cavalry" was destined to have a longer career. It was formed in 1796, disembodied in 1802, but embodied again in 1803, and was not finally disbanded till 1825. We hear of them, under the command of Captain Thomas (Deemster) Gawne, escorting the Duke of Atholl to the Tynwald in 1813 ; and, in 1822, under the command of Lieutenant Corlett, they performed the same office. They were then described as " a very respectable, well-dressed body of men." * In the previous October they had been called out to suppress the flour riots. In 1799, " The South Manx Volunteers," consisting of two companies, and " Dawson's Volunteers," consisting of one company, were raised. They were disembodied in ■i: Private letter. 640 ' HISTORY OF THE ISLE OF MAN Paid forces. The Manx Fencibles. the year 1802, and re-embodied in 1803, when "Dawson's Volunteers" became "The North Manks Volunteers." None of these bodies, either horse or foot, every saw any active service. On the 10th of April, 1816, all the foot volunteers were dis- banded.* In 1859, when a French invasion was feared, Manxmen took up the volunteer movement with great enthusiasm. No fewer than six com- panies of rifles and two of artillery were enlisted, but, when the fear of invasion was seen to be with- out foundation, the zeal for volunteering waned, and, at the present time, only one company of rifles survives. It should not, however, be forgotten that the liability of all able-bodied Manxmen to serve for the defence of their country has never been abrogated, and that there is nothing to prevent the militia being called out at any time. As regards the paid forces after the Revestment, the lord's garrisons of course disappeared, and their place was taken by drafts from English regiments, their headquarters being at Castletown. These, on the outbreak of war with France and Spain, in 1779, were supplemented by three companies of native troops, called the "Eoyal Manx Fencibles," who formed part of the regular British army, but were liable to serve in the island only.f The captains of these companies before receiving their commissions, had to procure 42 recruits, while the lieutenants had to procure 25, * Lib, Scacc. f Warrant from War Office, in the Insular Records. SOCIAL AND ECONOMIC HISTORY 641 and the ensigns 20.* On the 2nd of November, 1780, the total number of all ranks was 333, being composed of 14 officers, 10 sergeants, 15 corporals, 6 drummers, and 288 privates.! The battalion thus J^^'fY^'^^^^^^^'^ formed was disembodied in October, 1783, after the n^andfargeiy Peace of Versailles, but it was re-embodied on 1795 and 179s. the 20th of February, 1793, shortly after Great Britain had joined the allies against the French Eepublic. In 1795, the number of Fencibles was largely increased by the formation of a regiment, to consist, in the words of the order, " of 10 companys, of 3 Serjeants, 3 corporals, 2 drummers, and 60 private men in each, with 2 fifers to the Grenadier Company, beside a Serjeant-Major, and Quarter- Master Serjeant, together with the usual Com- missioned Officers." I These men could be ordered " to serve in Great Britain, or Ireland, or the Islands of Jersey, Guernsey, Alderney, Sark, and Man." I * They received 21s. for each recruit. It would seem that this sj'steni of recruiting was not thought satisfactory, since, in 1782, a BUI for the compulsory recruiting " a ffensible battaHon " was drafted, but it never became law, and the old system continued. f Sergeants got Is., corporals and drummers 8d., and privates 6d. per day. I War Office to Duke of Atholl (In Records). These com- panies were thus much smaller than those of the First R. M. F. At the same time, the following recruiting instructions were sent to " Charles Small, Major 2nd R. j\I. Fencibles," among which the following are the more important: "You wUl be particularly careful not to take any man who is not fit for immediate service, nor above the age of foi-ty years, nor under the size of five feet three inches, except stout growing lads, whom you may enlist at the size of five feet two inches. . . • For every good and sufficient man who shall be approved of at 642 HISTOKY OP THE ISLE OF MAN Only five companies were raised at first under this order, but, on the breaking out of the Irish Eebelhon in 1798, five more companies were added, and the whole regiment was shortly afterwards sent to Ireland. Nothing is known of what it did there. In 1800, it was at Omagh, and, in 1802, at Whitehaven, where, on the conclusion of the Peace of Amiens in that Disembodied year, it was disembodied, the same fate having in 1802, J ■> o isorand finally befallen the " First Koyal Manx Fencibles " in the disbanded in igj^nd. On the renewal of the war in 1803, the raising of a corps " to consist of three companies, of four sergeants, four corporals, two drummers, and seventy private men in each, beside a sergeant-major, and quarter-master-sergeant, and two fifers, together with the usual commissioned officers, for service in the Isle of Man only," * was ordered. The numbers in each company, as well as the number of com- panies, seem afterwards to have been increased, for the orderly book of the corps in 1806 gives a total strength of about 800 men, divided into eight companies.! The uniform of the Fencibles was red with blue facings. They were disbanded in 1810,1 without, as far as is known, having seen active service. It may seem curious that they were not headquarters, you shall receive ten guineas bounty, and sub- sistence from the day of his attestation ; no bounty will be allowed for any recruit until he has been inspected and approved of at headquarters, or by the Commanding Officer, under the attestation of the Surgeon of the Eegiment." -"•'■ War Office to Lord Henry Murray (In Records). I Loose Papers in Rolls Office. I Many of the Fencibles promptly enlisted in the array. SOCIAL AND ECONOMIC HISTORY 643 kept under arms till the end of the war, but it must be remembered that by that time all real danger of invasion had passed away. They, being very broad- shouldered men, are said to have covered more ground than the same number of men belonging to any other regiment in the British army.* It is remarkable that while, during the time of the The want of ' " lortincations. wars with France, the island was well protected by the numerous soldiers stationed there, its fortifi- cations were utterly neglected till after the conclusion of peace in 1815. On this a contemporary writer remarks, in 1816, as follows: " It is a curious fact that, during the long period of war, when it was universally allowed that a single privateer might have ravaged the island, or laid the towns in ashes before assistance or protection could be afforded from England, yet no care was taken to organize those means of defence, which were easily within the reach of the inhabitants. It is true that at every ■-'■ Encyclopatdia Britannica quoted in Quiggin's Guide (1847). During the whole of this period there were also a large number of Manxmen serving in the English army and navy, but chiefly in the navy. As proof of this it may be mentioned that, in 1811. twenty- seven Manx sailors and four Manx soldiers were imprisoned in France. Some of the Manx sailors, such as Quilliam, who was Nelson's Flag Lieutenant at Trafalgar, and Hugh Cosnahan, who was specially mentioned for his gallantry' in the action between the Shannon and Chesapeahe, greatly distinguished themselves. It should be mentioned also that the distinguished Manxmen, Sir IMark Cubbon, afterwards Governor of Mysore, and Colonel Wilks, who was Governor of St. Helena, at the time of Napoleon's arrival there, also held commissions in the arm}-, though they made their mark cliiefly in the diplomatic service. 644 HISTOEY OF THE ISLE OF MAN commanding point all round the coast there were cannon ; but these lay dismounted and useless, though, at the same time. Government was paying a salary to an ordnance keeper. . . . But, immedi- ately on the conclusion of peace, an engineer, being sent over, has ever since been actively employed in building batteries, arranging stores of ammunition, and mounting the cannon, as if it had been appre- hended that, when all the rest of Europe was restored to tranquillity, the arms of the united potentates would be turned against the Isle of Man alone ! " * At the same time the military establish- ment was reduced to about half a company from an English line regiment, stationed in the barracks at Castletown ; and, in 1896, even this was taken away. The only paid force on the island at the present day is a fine corps of the Naval Keserve, whose head- quarters are at Peel. * BuUock, p. 355. SOCIAL AND ECONOMIC HISTOKY 645 en Q O o o Q H H O a< HI O » H p m 00 00 m rrt 1-^ CO rn 00 CD «D 00 GO ^ ^ . CO tn (M eo •S • • • . •^ . o 02 00 a? CO 00 rrt CO cfi 00 CO . CO CO >-l c^ . T-1 r-l 00 ^ w CO I— 1 00 CO CO 00 GO o 1—1 00 00 Oi o 00 CO ^ p^ p^ • CO ^ Pq P:^ finP^ Ph Pq rj 00 ri r^ rg P_l CO CD CD [E crJ ID T-l •<* CN n3 CO (N ^ I S^fi^ PR ^ ^ Pq c3 xn p^ p_^^COCD^^ CO aj O Oh O si si, CJ o -<- (N T-H rH O O " CO • . 03 CO rT3 rT3 CO Tl< CD lO C^ '^(MCOeO;o-.:j< COi -It. lO o o o CO Q, OQ en 03 i-rt r-J l-^ (M CO CO ^ ^ "73 CO O O O CJ CJ di d a a dH-- lO o o o CO ^^^^'^% t3 CO o o O o o O ji, d( Ph d-^rs iC o o o CO ; ~ C3^,i2 CJ t) CJ '^i o. ^, '^_, (i O-.1-*- IT^ ?i >c «»?< 10 o 10 10 -^ CO g O )^ Op!H •+3 O 05 !=3 0> S y 3 -a ^^^ %'^% ^1 a- CO o _ l« ? o O CC . o - ft I-H 4J o aj aT O) ca ^'H II a; is (U o ^ o "33 ^ d !S 10 =*-t Ti <1) a >) 0) vi ^ aj P4 03 a)" .a C8- CO - CDIT3 r— I a> a > •^ a^ a a a >-i c bdis a Ql, „'^'3 a> „ >>'T3 o ft II ti ^ U 2 fiH a S +-M 646 HISTOEY OF THE ISLE OF MAN O H ■< O P4 X I— I ft oo 00 00 ioaocoi-iooc-i-iioococNC50cqoOrHOioo»o Cqt-COCOC*CNOC2OT00O»OCN O -*_ 0ii:0>OC5Or-tOt-HO'-(O01i-Ht-t-00i-(C0t--<*lt- i-i-*(Mc» r^ 1-1 CO i-( o? 00 OqO-*COCOC~»00 t~caCOrHaOOnO-*C>C~r-ICOC<100 r-(D-05^t~i-IO lOcooooot^CJi-icocqoiOaiooOrHcocoo-^co roq~T-< i-TrH i-f r-T ci c-f i-T r-T c0 00 -* L- GO CD -^ lO ciToi'T-rT-rcM'r-ri-rr-ri-ri-i c^ o th i-i .-i t-Ti-t of r-Tcq" CI ioeooCTico«Doico>oeor-i»oaot-aoooo«ocoo o)ci-IC-^>0a0OC0t~i-lt~CT>C3CTJ-^r-lt»OOC~ iHiHC»Ol0 01i0Cqt~C000C004OC0C0CqO?000O aOC500aOC5CiCOCOt-^rf(OCOt-00"*i-l>0-ntft-0 0>00»0»OOOCOCOC005t-01»OC~OOOCOrHeO oa ' T-tQ0C0t--^i-(O-^O00OC0rHCN-^L--00iOt~C0T-l t- I aOC-'5H- •^■s O •-^ "1; a •r-f -t-3 OS CD tH =« c3 ■.I' (S O 0^ flro a cj c8 a o a a, =^ ■^M n3 m rS .2t= cq C!* ft u IS >.ft -♦-3 -o 2 cS 0) -^ 6r ao oj >w tT a 01 OS bjoa o 0) o a «^ Si " ft -►^ a oj ca P>>>>'3 2 S p s ? % t;.S gfepqp^PM SOCIAL AND ECONOMIC HISTORY 647 CO 00 tH (M I— 1 o O CO CO T-H iO L^ 05 lO ■<1H 05 O o o 05 00 CD CO (N Oi^ "^ CO Tt< (M 00 CD (N 00 00 O CO o (M l^ G> 1—1 ■* ».o CO L^ L~ ^^ I-l CO 00 C^ »o 00 T-( lO (M CO ■*" T}< c^ >o t-^ CO (M T-( o co" ^'' O '^ c^ CO c5" CO •^ o CO CO 'Jl^ CO T-l (N CO CO OS r-i CO >o 05 CD L^ o 05 -^ CO t.^ I— 1 >.-3 a 00 CD r-l o >o CO CO >o •* L— CO CO >o I— 1 "^ OS CO 00 i-H CO CO o •* CO 00 T-t ^ of U3 CM o 00 o ~o~ OS D- OS CO T-H 00 o o I— 1 00 t- CO 1—1 00 00 05 05 00 00 '^ t- T-l 00 OS 1—1 >o CO lO CO lO !>• i.O 1—1 CO Tf (M o CO ■^ c^ tH •^ t~ T— 1 I— 1 O CO rH CO o (N 1—1 CO o CO I— 1 §" tH (N 05 o 'O (N (N OS 1—1 I— 1 00 O CO CO o L» (N lO 00 s o o •* CO o CO O o o 00 r-l o -* wo CO •^"" co" r-T tH 00 CM o (N I— ( tH I* to OJ CO C^ CD CO CO CN l-O CT> (M -f< CO c— r-l Oi CN L^ a> ■^ CO CO cq^ CD OS L^ 1—1 ^ Ci CO QO t- s 03 <» ^ TO o 0) O > ■> S ^ ^ X c Eh p o Eh 648 HISTORY OP THE ISLE OP MAN APPENDIX C. TOTALS OF REVENUE AND EXPENDITURE, 1765-1866. Years. Revenue. Expenditure.* Deficit. Surplus. £ £ £ £ 1766-1795 92,222; 123,222 31,000 — 1796-1805 79,877 56,877 — • 23,000 1806-1815 156,1201 60,000 — 96,120 1816-1825 194,350 64,840 129,510 1826-1835 225,800 91,081 — 134,719 1836-1845 234,960 98,840 — 136,120 1846-1855 § 268,190 141,680 — 126,510 1856-1866 327,22011 182,380 144,840 Total 1,578,739 818,920 31,000 790,819 The expenditure of .£818,920 does not include £24,000 on the Pted Pier at Douglas between 1793 and 1804, ^£10,000 on forti- fications in 1816, and £303,600 paid to the AthoUs at various times for the customs duties and annuities (see pp. 543-4 and 606, chap. ii. § 4) ; after adding these, there is a surplus belonging to the Isle of Man of £422,219, and, even if we also add to it the sums of £46,000 paid for the regalities in 1765, of £100,000 for the patronage of the bishopric and livings, and £167,144 for the mines, rents, &c., there is still a surplus of £109,075. The Crown has, therefore, this amoixnt in hand, and also derives an * Including the expenses of collection, and, up to 1833, the bounties paid for herrings. It also includes the expenditure for public build- ings (which averaged £300 a year from 1835 to 1865), also a special vote (between 1847 and 1850) amounting to £4,350 (see Pari. Papers (1866), pp. 18-19). + 1766-75, £17,413 ; 1776-85, £31,131 ; 1786-95, £43,678. J Partly an estimate, there being no record of tlie revenue for the years 1812-15, and none of the surplus for the years 1806-12. § It was stated in 1853, on the authority of Parliamentary return. No. 501, that the " net surplus revenue" from the island between 1833 and 1853 averaged £20,319, but, though we have not been able to get access to the return in question, we feel sure that this is an error (Pari. Papers (1853), p. 24). 1 1 The average customs receipts for the period 1854-60 was £27,230, and for the three years, 18G2-4, £31 ,845. We have not been able to get the corresponding figures for 1861, 1865, and 1866, and have therefore taken them at the same average amount as the years 1862-64. SOCIAL AND ECONOMIC HISTORY 649 income of about ^8,000 a year from mine rents, &c., the cost of which it has already been repaid (see Appendix D). APPENDIX D. RENTS AND DUTIES FROM CROWN PROPERTY. Year. Crown Rents, &c.* Mine Rents.* Total. £ £ £ 1854 1,964 8,350 10,314 1855 1,782 9,076 10,858 1856 1,832 11,032 12,864 1857 1,600 10,154 11,754 1858 2,022 9,466 11,488 1859 1,868 9,170 11,038 1860 1,987 8,458 10,445 1861 1,920 10,206 12,126 1862 2,252 8,968 11,220 1863 2,181 8,464 10,645 1864 2,108 9,736 11,844 1865 2,170 13,792 15,962 1866 2,588 13,396 15,984 1867 2,937 8,130 11,067 1868 3,187 7,296 10,483 1869 3,109 7,714 10,828 1870 2,952 7,826 10,778 1871 3,076 8,366 11,442 1872 3,338 7,448 10,786 1873 3,317 5,978 9,295 1874 4,034 7,218 11,2.52 1875 3,843 9,350 13,193 1876 3,765 7,766 11,-531 1877 3,704 11,123 14,827 1878 3,519 9,372 12,891 1879 3,154 7,647 10,801 1880 3,371 6,651 10,022 1881 3,211 9,230 12,441 1882 2,606 9,212 11,818 1883 2,801 8.899 11,700 1884 3,242 9,071 12,313 1885 2,880 5,562 8,442 1886 2,801 6,843 9,644 1887 - 3,085 7,312 10,397 Forward 94,206 298,282 392,488 * The figures before 1854 are taken from the Manx newspapers and purport to be copies of the orif^inals ; after tliat date they are taken from the official publications of the " Woods and Forests " department. 650 HISTOEY OF THE ISLE OP MAN RENTS AND DUTIES FROM CROWN PROPERTY (continued). Year. Crown Eents, &c. Mine Rents. Total. £ £ £ From p. 649 94,206 292,282 392,488 1888 2,827 6,990 9,817 1889 2,647 8,157 10,804 1890 2,653 8,740 11,393 1891 2,702 7,138 9,840 1892 2,584 7,699 10,283 1893 2,503 6,136 8,639 1894 2,589 3,765 6,354 1895 2,682 2,617 5,299 1896 2,643 2,785 5,428 1897 2,807 2,847 5,654 1898 2,590 2,980 5,570 1899 2,695 2,927 5,622 126,128 361,063 487,191 1830-1853 (24 years at ^4,700) ... 112,800 Total, 70 years ... 599,991 f Deduct for salaries ( 46 years and expenses \ 19 years at c£800 = £36,800 at £400 = 7,600 44 AC\C\ ... ^^,^uu Seventy years ... 555,591 = £7,937 per annum, say 4| per cent., and, since 1854, = £9,622 per annum, say about 5^ per cent, on £167,144. It must be remembered, however, that, since the mines will be gradually exhausted the income from them will, unless there are new mines discovered, decrease. * These are net receipts after paying all expenses. t The receipts from 1854 to 1899 are gross as regards crown rents, &c. For mine rents they are net up to and inclusive of 1880, after which they are gross. The estimates for salaries and expenses are only approximate. SOCIAL AND ECONOMIC HISTORY 651 APPENDIX E. SALARIES. 1790 £ 1826 1866 1873 1900 £ £ £ £ Governor 400 400 — — — Lieut. -Governor 200 700 1,200 1,500- 1,800 Attorney-General j — 500 800 1,000 1,000 Deemsters J ... 200 800 800 1,000 1,000 Water BaUiffs^ 80 300 300 300 — Clerk of the Rolls 50 900 900 1,000 1,000 High Bailiff, Douglas 25 25 165 250 450 „ Ramsey 25 25 135 200 230 ,, Castletown ... 25 25 135 200 200 Peel 25 25 135 200 200 Surgeon 50 — 120 Chaplains 25 — — 200 Chief Constable and Gaoler 12 25 — — Constables ... 5 10 — — Receiver-General 300 430!! 200 230 230 Deputy Receiver-General ... 100 — — — Collector 100 — — — — Comptroller 80 — — — — Vicar- General — — 400 400 216 Clerk to the Council, Gover- nor's Secretary and Trea- surer ~ 500 * These changes in 1873 were made in consideration of the fees, amounting to about £400 annually, which had been paid to the officers who were given increased salaries, being paid to the general revenue account. + Till the appointment of James Quirk in 1334, this official usually resided in England, lea* ing his duties to be performed by an ill-paid deputy. \ There was only one deemster from 1777 to 1793. § This office was done away with in 1885. II The Receiver-General ceased to be a customs officer in 1832, CHAPTER III CHURCH AND NONCONFORMITY "TN the preceding Book (Chap. III.) we brought -'- down the history of the Manx Church to the death of Bishop Wilson in 1755. Bishop His successor, Bishop Hildesley, was consecrated in Whitehall Chapel by Dr. Hutton, Archbishop of York, on the 24th of April, 1755, and, on the 6th of August following, he was installed in St. German's Cathedral. We shall see how zealously he entered into every department of work in his diocese, and it is significant of this that he took the trouble to acquire something of the Manx language, so that he might make himself more generally understood by the people. He died on the 7th of December, 1772, and was buried in Kirk Michael Churchyard, near Bishop Wilson. Twenty-five years later Bishop Crigan remarked that his memory was still fresh in the hearts of the people, and that " as no pastor was more loved in his diocese, by both the clergy and laity, during his life, so no one could be more sin- cerely regretted at his death.* * Hildesley' s Memoirs, p. 111. To this book our readers are referred for full particulars. 652 CHURCH AND NONCONFORMITY 653 The great work of his episcopate was the publica- Tho Bibie. tion of the Bible in Manx. As a preHminary to this he encouraged the pubhcation of devotional works, devotional of the New Testament, and of the Prayer Book. ^^ ications. Thus, at Convocation, in 1758, we find him ** de- claring a great desire of having the Church catechism printed in the Manks tongue by itself," and earnestly recommending the clergy that they are " to use their best endeavours to improve the use and practice of the Manks tongue." He also expressed his desire of having " the ordinary service of the Church, together with the several occasional offices, translated into Manks," and " a select number of the singing psalms translated into Manks verse, fitted to the tunes used in churches, for the instruction and comfort of such persons as do not understand the English language." He soon found willing translators, but, when the books were ready for publication, he was confronted with the difficulty of providing the necessary funds. To meet this he approached the Society for Pro- publication, moting Christian Knowledge, who, in July, 1762, 1^°^ obtained. handed him £100 " for the purpose of printing the Scriptures and other good books in the Manks tongue." He also obtained money for the same purpose from various charitable persons in England. In August of the same year he received a letter from the Archbishop of York urging him to procure " a plain translation of the liturgy," * and condemning the practice of translating " the Scriptures and the Liturgy off-hand out of English into the language of * Hildeslei/ s Memoirs, pp. 425-6. VOL. II. 43 654 HISTORY OF THE ISLE OF MAN Publication of Gospels and Acts, Of the Prayer Book, And of the Bible. the Island." * The archbishop also suggested that " such parts of the Scriptures as are the most necessary should be carefully translated by some able clergjTiian." * In the following year the S.P.C.K. issued a " Proposal for printing the Holy Bible, Common Prayer, and other religious Books, in the Manks language," and, in consequence of this, the bishop was shortly able to announce the publication of the Gospels and Acts to his clergy,! and to inform them that the subscriptions in England towards the other publications were pro- gressing satisfactorily. He then urged them " to take into consideration some method of proceeding with the Liturgy already begun," and to " prosecute that most necessary work of translating the re- mainder of the New Testament into the vulgar tongue." In 1765, there appeared an edition of the Prayer Book, and, in the same year, the bishop, encouraged by the number of the subscriptions he had received from England, determined to expedite the translation of the Bible which had been already begun. The printing of the first volume to the end of Job was completed in 1771 ; + the second, to the end of the Old Testament, with a portion of the Apocrj^ha, in 1773 ; and the third volume, the New Testament, in 1775. The translators of the Bible, ■'•' 1111(168161/ s Memoirs, pp. 425-6. f A few copies were issued to the clergy only, with a request " that they would insert freely then- remarks on the blank pages." I The statement of Bishop Hildesley's biographer, that the bishop received the last volume before his death, is incorrect {Hildesley's Memoirs, p. 51). CHUKCH AND NONCONFOKMITY 655 Prayer Book, &c., were, in effect, the whole of the clergy of the island, though the most arduous share of the work had fallen to the Eev. Phillip Moore, who revised nearly the whole of the Bible,* and to John Kelly, afterwards Dr. Kelly, who assisted him and also corrected the whole Bible for the press.! Though, as we have seen, the publication of the Bfb^and°ither Bible and Prayer-book and other religious books aftlf Bilhip"''^ continued after Bishop Hildesley's death, their pro- death! ^^^ duction was retarded, instead of forwarded, by his immediate successors. Indeed, but for the support of the S.P.C.K., and the earnest zeal of a few of the Manx clergy, it seems probable that no further Manx books would have been published.! Among the earlier of Bishop Hildesley's successors. The Bishops. Ward (1827-38) is the only one worthy of more than mere notice. He was a very earnest and energetic man, and is now chiefly remembered by his success in raising funds for Manx church-building in Eng- land. We may mention that Bishop Richmond (1773-80) was a haughty and overbearing man, much disliked by his clergy, § while Bishops Mason '■^' The Rev. Matthias Curghey assisted in the revision of the Pentateuch. I The Manx translation of the Bible is considered a very good one. Thus Valiancy in his Grammar, p. 119, writes, "The beautiful expression of the Manx, superior to the Irish transla- tion, is visible to every Celtic scholar." \ For full particulars about benefactions towards the publi- cation of the Scriptures in Manx, see Hildesley's Memoirs, pp. 257-60, or Isle of Man Charities, pp. 51-56. 5 In their letters he is usually described as " The Lama," and " The Pontifcx Maximus." 656 HISTOEY OF THE ISLE OF MAN Attempts to attach Man to English dioceses. The " discipline. The discipline falling into contempt. (1780-83), and Crigan (1783-1811), were men of no influence. Murray (1814-27) was an able and well-meaning bishop who did much good work for the Church, but his influence was much lessened by the unfprtunate position he took up with regard to the tithe. The bishops of later date than Ward come too close to our own time to render it desirable to give any account of them.* During this period there were two attempts to attach " Sodor and Man " to an English diocese. The first was in 1836, when, by Act of Parliament, it was actually united to Carlisle ; and the second, in 1875, was a proposal to unite it to Liverpool. Both these schemes were, however, defeated by the opposition of the Manx people, whether clergy or laity, and, in the former case, the Act of Parliament was repealed.! We shall now proceed to deal with the "discip- line," the tithes, the status of the clergy, the progress of church building, &c., and, finally, with education. Bishop Wilson's system of " discipline," as it was applied after 1736, was continued by Bishop Hildesley. But, notwithstanding his efforts, the penalties for its infringement gradually became lighter. Indeed, such entries in the judgments of the courts as " dismissed as frivolous and ad- monished " are often found. The whole system was, in fact, falling into contempt. As a means of tightening its loosened bonds the bishop ordered that "'• For a list of them see the Supplement. f For further details sec Sodor and Man, pp. 261-2. CHUECH AND NONCONFORMITY G57 ** no person who is cither under Church censure, Regulations or who has not received the Holy Sacrament of the "Jiamages. Lord's Supper, be admitted to enter into the holy state of matrimony"* ; and the ceremony of marriage was more strictly guarded. It seems that clandestine marriages had been very common, so that the bishop, in 1757, got an Act passed by the Legis- lature t to prevent them, and, at the same time, he strongly reproved the clergy for their negligence in allowing them. Presentments for non-observance of Sundays and vance ofTsh Saints' days were common, and there was a vigorous anaoood'^ Friday. effort made to check the neglect of attendance at church on Ash Wednesday and Good Friday, which seems to have especially shocked the bishop, who told his clergy that he was "aggrieved as well as surprized" to see men "following their ordinary occupations on these days in yoking their cattle and tilling their land . . . during the whole time of Divine service." To this the clergy replied : (1) That it was the general custom of the people to work on those days; (2) that they had the " late Bishop's and Vicar-General Walker's example for it " (!) ; and (3) that prayers were read as early as 8 a.m. on those days, so that people went to work afterwards. After Bishop Hildesley's death, the discipline began to fail very rapidly. ''■'■ This was, in effect, the third ecclesiastical constitution of 1704, which was at this time ordered to be read in the churches (see Sodor and Man, pp. 209-10). f Statutes, vol. i. pp. 381-5. It was on the same lines as Lord Hardwicke's Marriage Act of 1753. 658 HISTOEY OP THE ISLE OF MAN The discipline fails. Presentments. It had become difficult even to get any disciplinary cases before the spiritual courts, especially such as related to non-attendance at church and to im- morality. Of this a singular proof was afforded in 1785, when a number of churchwardens complained to the court that they considered it a grievance to be " obliged to present on Common Fame, as also such persons as do not attend divine worship on holy days." In consquence of this, the court appointed a committee to " represent this to the Legislature, as soon as other matters of a similar nature are ready to be laid before them, for their consideration and amendment." The same point arose in 1796, when Bishop Origan took " the sense of the clergy whether it might not be advisable to adopt another mode of punishing such offenders, by proposing to the Legis- lature to enact a law impowering the Bishop and Vicar-generals to commute their censures for a pecuniary fine." The clergy acquiesced, stating that they found " from sad experience that the censures of the Church have proved ineffectual to suppress the sins of adultery and fornication." No reference, however, seems to have been made to the Legislature, and, ten years later, the disciphne was practically obsolete.* Such presentments as we find between 1773 and 1800 were chiefly for the above-mentioned offences and for swearing, while some of them were for very insignificant misdeeds. Indeed, if contemporary * We may note that the chapter-quests, whose special duty it was to make presentments, disappear at this period. CHUKCH AND NONCONFOEMITY 659 writers are to be believed, the indues were frequently contemporary a ./ opinion of more in need of discipline than those who were ^hcm. brought before them. One of these writers, a military officer who lived in the island between 1789 and 1794, comments on the manner of the present- ments as follows : " My pen revolts . . . with transcribing such nonsensical stuff, such as must draw a smile from every person of common sense ; an indignant one it must be ; that within a Pro- testant country, in this enlightened age, such absurdities should be tolerated."* Occasional penances were performed as late as 1825, and, in the same year, Bishop Murray is said to have excommunicated an offender against the moral law ; but, after that date, we hear no more of the discipHne of the Manx Church, f Of all the questions which agitated Manxmen and The tithe, their Church at this period that of the tithe was the most far-reaching in its effects. Let us first consider the fish-tithe. This long- Fish tithe question pending question was settled finally by the Privy jegaiiy settled, ran J u J l^m payment Council, in 1769, in favour of the clergy, by affirming b"fi^]i|^rm|n. the judgment of the Manx spiritual court in 17G7, which decided that fishermen were liable to pay full tithes for fish even though " sold at sea many leagues from the island." But, though the legal question -•= Townlej', vol. ii. p. 47. f " As late, however, as 1847, chiirchwardens occasionally notified moral offences committed in their parishes to their rector or vicar, who admonished the delinquents, but did not bring them before any court " (MS. note by Archdeacon Moore). 660 HISTOEY OP THE ISLE OF MAN was thus settled, the fishermen seem still to have made difficulties about the payment of the tithe, since there was a resolution passed at Convocation, in 1772, " that the rights of the Church be vigorously defended with respect to the tithe of herrings and other fish ; " and, in the following year, the clergy complained, in an address to the bishop, that they (the fishermen) still continued "obstinate," and had involved them "in fresh suits," Fish tithe was, however, usually paid up to the end of the eighteenth century, when all mention of it in the Kecords ceases, and it is not referred to in the Tithe Act of 1839. other tithes. As regards the other tithes, trouble arose owing to the new method of collecting them which was, instead of letting them to the clergy of the respective parishes, as was the practice till Bishop Eichmond came, to let them to the highest bidder at public auction. This individual then held sub-auctions to re-let the tithes, which, under this system, sold for much above their value. Thus, for instance, in 1750, the tithes of the parish of Braddan were let for £31 5s., and, in 1811, for £200 ; and the tithes of the parish of Jurby produced £20, in 1772, £138, in 1810, and £231, in 1811. This increase, however, before 1816, raised less opposition among the farmers than might have been expected, because the period (1793-1815) had been one of considerable pros- perity for them. But, after 181G, when the state of affairs was altogether different,* there was much ••■ See p. 553. Its exaction causes a riot. CHURCH AND NONCONFORMITY GGl distress and discontent among the poorer farmers. This was aggravated in 1817, by Bishop Murray's attempt to collect the tithe of potatoes, turnips, and other green crops, which had not been demanded for The green crop '=' ^ _ tithe. many years. The question of his right to do so was brought before the insular exchequer court in 1821 and was decided by it in favour of the bishop. The farmers then appealed to the Privy Council, who, on the 24th of June, 1825, upheld the decision of the Manx court that, as potatoes and turnips * were comparatively modern crops in the island, the old custom did not extend to them and that they were therefore titheable. A decree was consequently issued ordering the payment of tithe on them. The result of this decision was a combination among the farmers not to pay ; and, in October, when the collec- tion began, dangerous riots broke out in Peel and other places, and, finally, a body of 5,000 re- monstrants armed with bludgeons and pitchforks, and waving a "bloody ensign, "t marched on Bishop's Court and extorted a promise from the bishop, who was actually in danger of his life,| that be would not collect the tithe § for that year. In the * Turnips were not cultivated before 1793. ■}■ Manks Advertiser. I Some of the rioters who had committed arson were tried and punished, two being transported for hfe, and £180 was levied on Douglas in the form of Church cess, whicli was collected by the wardens of St. Matthew's " in behalf of the damages, costs, and charges in the potato riots " in tliat town. § The potato crop had been valued in 1821 at £15,000, and, estimating tlie turnip crop at Je;3,000, tlie clergy would have got about £1,800 as their share. 662 HISTOEY OF THE ISLE OF MAN It is abandoned. Attempt to commute tithes fails. following October (1826), the bishop issued a notice that, " in consequence of the failure of the crops of barley and oats," he would not " demand the tithe of potatoes or turnips," but he stated that the exemp- tion was " for the present year only."* In 1827, however, he left the island and no further attempt was made to collect tithe on the green crops. He had also endeavoured, in concert with the duke, to commute the tithes for an amount which the land- owners considered exorbitant. The duke first brought the question before the Tynwald Court in March, 1823, when he pledged himself, with the consent of the bishops, to accept £6,000 annually in lieu of the tithes, leaving the Keys to find " ways and means of levy and payment."* A committee of the Keys was appointed in the following May to go into the whole question, and they issued their report in November. In this they estimated the value of the tithes at £4,116, but explained that " on the one hand, considerable deductions must be made for loss by bad debts and for the expenses of collection ; while, on the other hand, additions must be made for the value of prescriptions, small tithes, and other dues" ; also that " some consideration must be given to the suits now pending on the subject of green crop and other incidental increase." They then concluded by saying that the very greatest sum which they could " conscienciously advise to be given, as a fixed and clear income payable without trouble or expense to the receivers, is £5,000;" and they recommended * Manks Advertiser. CHURCH AND NONCONFORMITY 663 that this should not be " subject to periodical revi- sion, but be convertible into a principal sum at 25 years' purchase . . . the proprietors of the land to have the option of purchasing the commutation to v^hich their respective properties are liable at 25 years' purchase at any time within 10 years."*' It was also proposed that such commutations as had not been purchased should be revised by the average of five years' prices of grain in the London Gazette. These proposals were accepted by the Tynwald Court, which ordered them, together with an ex- planatory circular, to be sent to the captains of the various parishes who were to be requested to obtain the opinion of the landowners thereon. They were also accepted by the duke and bishop (who thereby practically abandoned their claim for green crop), with the exception of the redemption clause, to which they objected. The landowners, too, were generally in favour of the proposals, though there was a considerable difference of opinion about the advisability of redemption. A Bill was consequently prepared embodying the proposals, except that for redemption, and was introduced into the Keys in January, 1824. f Because of this omission, however, the Keys threw the Bill out. They did so, their * ManTxS Advertiser. f The amount was fixed at £5,000, being estimated from the prices of wheat for the three years 1820-2-2. It was agreed that this sum was to be paid for ten years after the promulgation of the Act and that the valuation was then to be on the basis of the prices of wheat for the five preceding years, as given in the London Gazette. 664 HISTOEY OF THE ISLE OP MAN enemies declared, to enforce the inclusion of the redemption clause, which would enable them to get mortgages on the estates of the poorer farmers and so ruin them.* But, in the absence of any report of their debates, it seems probable that their real reason for throwing out the Bill was that they did not wish to commute the tithes before the question of the green crop tithe was decided. When, however, this did take place, it was decided to hold over the discussion on the whole subject till calmer views were likely to prevail ; and, indeed, it was evidently unwise, at a time when much distress and discontent prevailed, f to risk the further alienation of the people from the Church by stirring up strife about the tithe. This was clearly perceived by the clergy, who remarked, when addressing Bishop "Ward on the tithe valuation, in 1828, "We doubt not that a considerable augmentation may take place in the Revenues of the Church of Man in future years should a kind Providence send prosperity to our little Island, but no material augmentation can reasonably be expected at present in the deeply depressed state of the country. We are confident that if your Lordship witnessed the indigent circum- stances of the people, and beheld, as your clergy do, many of the peasantry unable to obtain employment, or procure food for themselves or their families, and a large proportion of the Land-holders emigrating I ■^ Pamphlet (1825), p. 83. f See p. 553. \ There was a very large emigration to America between 1825 and 1840. CHUECH AND NONCONFOEMITY 665 to distant countries to procure the necessaries of life, your Lordship would concur in the opinion that this unquestionably is no time for the rigorous enactment of dues whether civil or ecclesiastical. We feel con- strained to observe, that to have recourse to coercive measures for the recovery of disputed tithes would be attended with disastrous consequences, and not only produce general disaffection throughout the country, and materially disturb the peace of the community, but inflict a wound on the Church of Mann which the lapse of a century would scarcely heal." Such being the state of affairs, it was not found possible to settle the question till 1839,* when the Tithe Commutation Act was passed. By this Act, commutation it was decided that the tithe rent-charges should ^'^'io^isag. " be deemed to be of the value of such quantities of wheat, barley, and oats as the same would have purchased in case one-third part thereof had been invested in the purchase of wheat at seven shillings and one farthing per imperial bushel ; one-third part thereof in the purchase of barley at three shillings and elevenpence half-penny per imperial bushel ; and the remaining one-third part thereof in the purchase of oats at two shillings and ninepence per imperial bushel, and to be regulated, increased, or diminished from year to year, according to the average prices of wheat, barley, and oats, as advertised in the London Gazette ;" \ also that the average price was to be that of the preceding seven years. An agent was ••■ The ]5ill was first introduced in 18o7. f In 1883, an Act was passed substituting the corn averages 666 HISTOEY OF THE ISLE OE MAN appointed on behalf of the bishop and clergy, and the " Commissioners of Woods and Forests," * to collect these charges, the bishop, archdeacon, com- missioners, and clergy having each one vote (or four votes in all), and the bishop, if required, a casting vote, in his election. This appointment of an agent for collecting the tithe was a w^ise provision, as it relieved the clergy from the odium and inconvenience of collecting it themselves, to which they have been, and still are, subjected in England and Wales. And we may note also that, according to the Manx Act, in the event of the non-payment of these charges, proceedings could be taken against the landlord in a court of summary jurisdiction instead of against the tenant by distraint, as was the case in England and Wales till recently. The total amount of the valua- tion was £5,575, which was divided as follows : — To the Crown i£525, the Bishop ^£1,515, the Eector of Andreas £707, the Kectors of Bride and Ballaugh £303 each, the fourteen Vicars £141 8s., the Trustees of Dr. Thomas AVilson's charity for clergymen's widows £141 8s., t the Minister of St. Jude's, Andreas £101.1 Thus was accomplished an important and bene- ficial reform in the Manx Church, by which any friction between the clergy and the tithe-payers was rendered improbable. under the Imperial Act of 1882 for those referred to in the Act of 1839 {Statutes, vol. v. pp. 207-8). -•= For the Crown's share. f See Sodor and Man, p. 217, n. 1. I Statutes, vol. ii. pp. 114-123. CHUECH AND NONCONFOEMITY 667 Bishop Hildesley's first care on arriving in Man was to require the clergy to produce their " Letters of Orders, Institution, and Induction, and all other Licences or Faculties whatsoever." He then ordained that they should wear "a dress to dis- condition of •^ the clergy. tinguish them from the laity," and that they should not appear outside their own house or lands " in brown or light-coloured cloaths, but only in black or dark-gray and wearing a wig." * It was increase of fortunate for the clergy that these sumptuary laws incomes. were accompanied with some increase in their in- comes, the two rectories being then worth ^'100, and the vicarages from ^630 to £50. f " Upon such humble incomes," says a contemporary writer, " the frugality of the insular clergy, much to their honour, has enabled them to live very decently, to maintain themselves, and sometimes to bring up comfortably pretty numerous famihes.j Their conduct seems to Their conduct. have been, generally speaking, irreproachable § dur- ing Hildesley's life, but, after his death, they rapidly deteriorated. I i That this was so is unfortunately only too clear from the Records, which contain * Even the students of sixteen and seventeen years old were obliged to wear wigs. f This increase largely arose from the bishop appointing the clergy as his proctors, in their several parishes, to collect his tithes and dues, they getting a percentage for themselves. I US. letter. § Only two presentments are recorded against thcni, one being of a rector and curate for non-residence, and the other of a curate for drunkenness. II The negligent way in which the Church registers were kept between 1772 and 1814 is very marked. 668 HISTOEY OF THE ISLE OF MAN several convictions against them for drunkenness and show that no less than seven of them were degraded from their office at one time. A contem- porary writer, however, gives more favourable evi- dence remarking that the clergy were " a respectable body " and that they had " a good classical educa- tion." * By the time, however, that Bishop Murray came (1814) " things had fallen into a very scandalous state." I He " found great irregularities practised in some of the churches, and a general carelessness pervading by far too large a proportion of the clergy." t He consequently "purified the Ministry of several Priests, whose lives had been a scandal to their holy Order." I The result of this seems to have been that, in 1816, there were " few, if any, striking instances of dereliction from their duties" among the clergy ; § and, generally speaking, the habits of the whole body are said to have been " con- mon'^tary souaut to the bcst rulcs of orthodoxy." § After the position. passage of the Tithe Commutation Act the monetary position of the clergy, who had been previously described as "so miserably provided for, as to be wholly unable to support with respectability their station in society as Christian Ministers " was greatly improved." |! As regards their character and conduct, and "the faithful discharge of their sacred functions," they were, in 1887, stated to be "highly respect- able." II ■'■ Feltham {Manx Soc, vol. vi. p. 89). f Short, Introduction, p. Ixiv. I Ward, p. 60. § Bullock, p. 332. II Ward, p. 172. CIIUECH AND NONCONFORMITY GG9 Since 1814, then, we have traced a steady im- Progress in the , • , 1 , -, • • 1 , , 1 Church after provement m the clergy, and a similar, though more i8i4. intermittent, progress took place in the Church itself which had sunk to its lowest depth at that time. But the Church then, owing to the reforms instituted by Bishop Murray, began to rise again, and, with a man like Hugh Stowell, " the pious and eloquent rector of Ballaugh," to assist him, it soon became evident that " the spirit of Bishop Wilson was not extinct."* It was, indeed, due to Hugh Stowell that, eleven years before this, Sunday schools began to be held in the Isle of Man.f " Having heard," he writes, " of the happv conse- Sunday , JT J. J schools. quences attending Sunday schools in the neighbour- ing kingdoms," t he began one in his own parish of Lonan. From thence the schools soon spread to the other parishes, and were also eagerly adopted by the Wesleyans. Good was also done in Man by branches of the British and Foreign Bible Society, established there in 1814, and of the Society for Promoting Christian Knowledge, established there in 1818. But the good effect of these influences was checked by the discontent aroused by the way in which the tithe was exacted. This was referred to by the clergy in 1828, when they told Bishop Ward that the Church " has been for some time past in a very tottering condition," and that, unless conciliatory * Ward, p. 60. f Bishops Wilson and Hildeslej- insisted on children attend- ing church to be catechized, but there would not seem to have been any regular Sunday schools before 1803. I MS. Diary. VOL. II. 44 670 HISTORY OF THE ISLE OF MAN Process measures were speedily adopted with regard to the tithe agitation, tithe, they had "every reason to apprehend deserted pews, ahenated flocks, and a general contempt" for its " ordinances." Thirteen years later, we have the evidence of Bishop Short to the effect that "the churches in the seventeen parishes of which the diocese consisted were generally empty," * and that " the tone of morality was low, and the people were falHng into indifferentism." * Nor, judging from the remarks of Bishop Lord Auckland, in 1854, who spoke of the widespread spirit of indifference to church doctrines and discipline, and of the small number of communicants, was there any great improvement by that time, f though, between 1854 and 1866, there vv^ere signs of a revival. bSiding. We have now to briefly trace the progress of Church building since 1755. During Bishop Hildesley's time three parish churches were rebuilt and enlarged, and the chapel of St. Mark's was built almost entirely at the bishop's expense, he also contributing more than half the sum then collected for the endowment of a chaplain for it. But the condition of the contents as well as of the fabrics of the churches left much to be desired. This, too, the bishop did his best to improve. St. George's was completed in 1781, Andreas Church was re-built in 1800, Jurby church in 1813, and a new church, St. Paul's, in Kamsey, was built in 1822. With the arrival of Bishop Ward the work =1= Short, Introduction, p. Ixiv. f Address to Convocation. CHURCH AND NONCONFORMITY G71 of church building was greatly accelerated. He states that it " was impossible for the preceding Bishops to find means for the building of churches equal to the extraordinary increase of the population,* before the attention of the English public had been, as it now is, generally drawn to the subject ; " that "local means were wholly inadequate to furnish the necessary church accommodation ; " and that he had recourse, therefore, to English charity. In this way, the bishop, assisted by the Eev. Hugh Stowell, who was sent to England to solicit subscriptions, suc- ceeded in raising between i68,000 and £9,000. "A further sum of £3,000 was raised under the laws of the island from the different parishes ; and, by the judicious application of their combined resources, several additional churches have been built, some enlarged, and others, in a state of dilapidation, sub- stantially repaired." t Yet, even after these churches were completed, it was seen that there was urgent need for chapels in the more remote parts of the larger parishes, with chaplains to administer the services, and parsonage houses for them to live in. Several of these were provided by the Isle of Man Diocesan Association, and were, for the most part, built between 1839 and 1856. During this period two churches were also built, viz., St. Thomas's, Douglas, in 1849, and Marown parish church in 1853. Bishop Hildesley took a keen interest in forward- Education. ing education. It was during his time that Peel obtained a mathematical school. In 1811, an im- * Ward, p. 61. f Ibid., p. 182. 672 HISTORY OF THE ISLE OF MAN portant addition was made * to the insular schools by the establishment of a large school in Douglas, under the Lancasterian system, f In 1813, the fees of the parish schoolmasters, which had remained on the miserably inadequate scale fixed in 1704, were raised to " two shillings and elevenpence a quarter for each and every scholar taught to read English, and three shillings and sixpence a quarter for each and every scholar taught to read and write." I In 1830, the scheme originated by James, seventh Earl of Derby, § and, carried on by Bishop B arrow, § King William's resulted in the foundation of King WiUiam's College, College. " o ' which was erected by means of accumulated funds derived from the academic school and academic master's trusts, together with £2,000 collected by Bishop Ward, and a mortgage of £2,000 upon the estates. The college was opened for students in 1833. The greater part of it was destroyed by fire in 1844, but was speedily rebuilt, chiefly through the exertions and liberality of Bishop Short. It pro- vides an education similar to that of the great Eng- lish public schools, not onlj^ for the sons of the Manx clergy and those wishing to enter the Manx Church, but for many others.!; In 1858, a school which took * Sodor and Man, pp. 242-3. I I.e., religious, but non-sectarian instruction. + Statutes, vol. i. p. 363. § See pp. 258, 470-1. II The number of boys at present (1900) is 185. It is, strictly speaking, a Church school, though its management by trustees, consisting of the governor, the clerk of the rolls, the southern deemster and the attornej-'general, and the presentation of reports referring to the management of its estates to the Tyn- wald Court, gives it somewhat the character of a State school. CHUBCII AND NONCONFOKMITY 673 the place of the old grammar school in Doucrlas was Agencies for ^ " " the provided through the liberality of Mrs. C. Hall. oT'^a^ochiaf' Nor were the parochial schools neglected. Among schools. other agencies contributing to their improvement was that of the National Society,* which made numerous grants towards building and fitting up schoolhouses, teachers' residences, &c., in the island, and received several schools into union with it. We may note also that, during the period between 1832 and 1868, no less than twenty-nine schools received Imperial Parliamentary grants for building, enlargement, im- provement, or fixtures.! Elementary education at this time also received a great impetus from the exer- tions of the able and energetic Bishop Short, whom we find addressing Convocation on this subject in 1845 : " My great object has been to improve exist- ing schools, trying to render those schools where I found tolerably efficient masters more efficient, in the hope that when people see respectable teaching by the side of inefficient schooling, they may become dissatisfied with the latter and try to improve it. . . . I do not yet know of any school which I could exhibit as a pattern ; there are several which are very respectable, but they are all wanting either in '■"' This Society receives schools into union with itself on con- dition that the children are instructed in the principles of the Church of England, subject to the superintendence of the paro- chial clergyman, and that they attend the Estabhshed Church. The managers of such schools have to report annually to the Society with reference to the state and progress of their schools. f For full particulars, see Educational Endoivments, Isle of Man, 1887. (Blue-book.) 674 HISTOEY OP THE ISLE OP MAN instruction or method." * Yet, notwithstanding the good bishop's efforts, the state of education in Man, judging by the report sent by the Eev. H. Moseley to the " Committee of Council of Education " in 1847, t was still far below the English standard. Act of 1851. The next step with reference to these schools was the passage, in 1851, of an " Act I for making better provision for Parochial and other schoolmasters, and for making further regulations for the better govern- ment of Parochial and other Schools." § By this Act, rates could be levied by the parochial vestries for the support of these schools, Ij of which there might be more than one within a parish, and committees appointed for their management. The chairman of this committee was to be the incumbent of each parish, or district in the towns, who was to have charge of the religious instruction in the schools. The committees were also granted borrow- ing powers, which enabled them to enlarge many of the schools and build houses for the masters. NONCONFORMITY. John Muriin. The first direct effort to implant Methodism was in 1758, when John Muriin, the "weeping prophet," H ■-•= Broadside. f Pamphlet. I " Previous to the passing of this Act, the common law or customary obhgation on a parish was considered to be the maintenance of one school-building in the parish " {Manx Soc, vol. xii. p. 235. Note by Sir James Gell). § I.e., Not only the maintenance of the building, but all school purposes. II Statutes, vol. ii. pp. 274-7. IT Rosser, p. 47. CHUECn AND NONCONFORMITY 675 stayed about a week in Ramsey. He preached to the people, who " gave great attention," * but, since he decided that there was " httle probabihty of doing any considerable good while the whole island was a nest of smugglers," * no preacher came to it for some time afterwards. The next arrival was John Crook, who was sent Joim crook, by a number of zealous Methodists in Liverpool early in 1775. He met with some opposition, but also with a good deal of sympathy, even among the clergy. He left the island in the autumn of the same year, when it was placed under the care of the preachers at Whitehaven, and considered as forming part of that circuit. In the following year, however, he returned and carried on his work with some success, though there was decided opposition to it, especially in Douglas, where he was attacked by a riotous mob set on by the minister of St. Matthew's. For protection, he applied to the governor, who took his part, and told the minister " that he would suffer no one to be persecuted for his religion." + After this, "though the storm was now fallen, the waves . . . continued turbulent," + and there were yet troublous times in store for the Manx Methodists. In July, 1776, Bishop Richmond issued the following intolerant and violent pastoral letter to his clergy : " Whereas we have been informed that several un- Bishop Kicnmond s ordained, unauthorized, and unqualified persons from i^" wefiU^ans. =>= Rosser, p. 47. f Moore's Life of Wesley, quoted by Kosser, p. 84. I Ibid., p. 85. 676 HISTOEY OF THE ISLE OF MAN other countries have for some time past presumed to preach and teach pubhckly, hold and maintain Conventicles, and have caused several weak persons to combine themselves together in a new Society, and have private meetings, assemblies, and Congre- gations contrary to the divine government, Eites, and Ceremonies of the Established Church, and the civil and ecclesiastical laws of this Isle — We do therefore, for the prevention of schism and the re- establishment of the uniformity in religious worship which so long hath subsisted among us, hereby desire and require each and every of you to be vigilant and use your utmost endeavours to dissuade your respective flocks from following or being led and misguided by such incompetent teachers." He then spoke of " the crude, pragmatic, and incon- sistent, if not profane and blasphemous, extempore effusions of these Pretenders to the true Keligion ; " he asked that the names of those attending meet- ings, who held "any place, office, or employment" under the Church, should be sent to him ; and he ordered the clergy, if any of the preachers should "at any time hereafter offer to be a partaker of the holy Communion," to " expel him or them so offering." Sth^rford. Fortunately but few of the clergy cared to carry out such instructions in their entirety, though, ac- cording to Thomas Eutherford, one of the preachers, not one of them " dared to give us the sacrament." And, he continues : " I have no doubt but that they would have driven us out of the island but for CHURCH AND NONCONFORMITY 677 the Governor, who acted a most friendly part." * Notwithstanding this opposition, they had already five hundred members, and " many of the poor people, both in the towns and throughout the country, received the truth, and much good was done." *■ In the following year, Wesley himself wesiey-s first paid the island a visit, and " was received in a very friendly manner by a few persons of respecta- bihty and influence." t The people generally also received him well, and he was favourably impressed by them, writing, " A more loving, simple-hearted people than this I never saw — and no wonder ; for they have but six papists and no dissenters on the island." I At the Wesleyan Conference of 1778, the Isle of Man as a separate Man was entered as a separate circuit, and the circuit. preachers appointed to it were John Crook and Robert Dall. During the three years the former worked in the island, the membership of the society largely increased, being fifteen hundred and ninety- seven in 1781. In May of that year, Wesley again Wesley's came to the island, and was very favourably re- ceived. The bishop, George Mason, was an easy- going man, and did not interfere with the new preachers, whose work prospered. Wesley's impres- sion of the people continued to be favourable, and he remarked in his diary — "Hardly in England (except perhaps at Bolton) have I found so plain, '•' Kosser, p. 89. f Wesleifs Journal, quoted by Rosser, . 93. \ Rosser, p. 94. 678 HISTOEY OF THE ISLE OF MAN His opinion of Man as a circuit. SO earnest, so simple a people;"* and again he speaks of " an artless, loving congregation." t He was also much pleased with their singing, saying — " I have not heard better singing either at Bristol or London ; many, both men and women, have admirable voices, and they sing with good judg- ment." : Of the preachers, who were now twenty-two in number, Wesley says — " I never saw in England so many stout, well-looking preachers together. If their spirit be answerable to their look, I know not what can stand before them." § And, after having visited the whole of the island, he declares that he "was thoroughly convinced that we have no such circuit as this either in England, Scotland, or Ireland."§ The Wesleyans continued to increase and prosper. In 1805, the island was constituted a separate Relations district : and, in 1825, it was stated that the between the wesie^anb^*^^ Mcthodists of that time, " unlike their predecessors, have little opposition to expect from those who are without." Indeed, after Bishop Richmond's time, the Church and the Methodists worked, on the whole, amicably together, and we have ample proof that this state of things continued much longer than in England. Thus, one of the Wesleyans writes in 1822, " It was judged good policy to allow the Methodists in this Island to remain under the Rosser, Ihid., p. 98. Wcslei/s Jo § Ihid., p. 99. f Ibid., p. 99. I Wesley's Journal, quoted by Rosser, p. 93. CHURCH AND NONCONFORMITY G79 protecting wing of the Establishment until their minds were better prepared for a separation, and now they seem disposed to imitate their brethren in the mother country." * We learn, however, that, in 1829, they had not yet " seceded from the established Church," f but that they "adhere ... to its services."! Also that "in the country parishes, the Methodists attend generally more regularly than others on the public worship of the Church." | But in the towns, the line of demarcation had been for some time more strongly marked, and, from 1836, when the chapels began to be opened during the time of Church service, though many of the Wesleyans considered this " a great evil," | their separation from the Church may be dated. § The process of separation was, however, even then a slow one, and, owing probably to the pronounced evangelical feeling which has gradually increased in the Manx Church, it has never extended to nearly the same extent as in England. It has been accentuated by the following Acts of Tynwald : The Dissenters' Marriage Act,^ ^^^^^^1^^^^^ in 1849, by which the governor may cause places of ^°'^'^^^'^- worship, other than those of the Established Church, * Haining, Guide to the Isle of Man, p. 72. f Teignmouth, vol. ii. pp. 254-5. \ Ibid., pp. 254-5 and p. 259. The same writer refers to the caution the Methodists show in holding their services at such times as not to interfere with those of the Establishment, and he comments on their large attendance at the sacramental services in the parish churches. § Statutes, vol. ii. pp. 231-42. 680 HISTOEY OF THE ISLE OF MAN to be registered for the celebration of marriages ; the Civil Begistration Act, passed in the same year, by which births, marriages, and deaths could be registered in these places ; and fm'ther, if any objected to this, they might be married in the office of the deputy-registrar.* There is no very definite information as to the numbers of Nonconformists in the island during this period. In 1862, they had 91 chapels, with 35,000 sittings, 20 ministers, and 200 local preachers. The Independents, or Congregationalists, were numerous enough to erect a chapel in 1808, the Presbyterians were in the same position in 1813, and the Primitive Methodists in 1819. Till about 1845, Nonconformists were satisfied to have their children taught in the Church schools, but, after that date, they had a few schools of their own. There seem to have been no Eoman Catholics in Man till towards the end of the eighteenth century, when (in 1781) there were 25.1 By 1813, their numbers had advanced sufficiently to enable them to erect a chapel, which was completed in 1814. This chapel, dedicated to St. Bridget, was on the Castletown road, about a mile from Douglas. In 1826, there were 550 members, with two chapels, one being at Castletown. In 1857, the foundation- stone of " St. Mary's of the Isle," in Douglas, was ■'■' Statutes, vol. ii. pp. 246-53. f Wesley, in his Journal (see p. 677) gives the number as 6, in 1777. CHURCH AND NONCONFORMITY G81 laid, and it was opened for service two years later. This church, which is one of the finest in the island, is in the French style of the early thirteenth century. By 1865, the numbers of the Roman Catholics had risen to 2,000, and, besides the church just men- tioned, there were three chapels.* Sisters of Mercy were introduced in 1866. ■■" At Castletown, Eamsey, and Peel. BOOK V THE RECENT HISTOBY THE RECENT HISTORY TT is no exaggeration to say that the Manx people introductory. -*- have made greater progress in all that appertains to civihzation since 1866 than during the whole of the hundred years preceding that date. But, though we fix 1866 as a convenient period for marking the termination of what might be called the mediaeval history of Man, and the beginning of its modern history, we must remember that the progress of its people began to be accelerated by the gradual breaking up of the old commercial and financial system, which was initiated in 1844 and 1853. Yet, though the advance made during the concluding years of our last period was in itself far from incon- siderable, it bears no comparison with the rapid progress, both in moral and material respects, which has taken place subsequently. How great this progress has been may be estimated from the follow- ing summary of the contrast between the state of things in 1866 and that existing at the present day. In 1866, the House of Keys was self-elected, and the antiquated system of judicature and of criminal law remained unreformed. Now there is a representative VOL. II. 45 386 686 HISTOKY OF THE ISLE OF MAN Comparison of HousG, whose members do not require a property the situations ' ~:l l s. j Bifeirslfier^ qualification, a liberal franchise extended to both that date. .^^^ ^^^ women, and a system of law and judicature modernized so as to meet the requirements of the present day. In 1866, the State in Man had not begun to seriously concern itself with such matters as education and the relief of the poor, which were most inefficiently cared for. Now, it administers a thorough system of free education, and a wise and non-oppressive poor law. In 1866, sanitation was conspicuous by its absence, and the death rate was consequently very heavy. Now, the sanitation of the towns is good, and judicious sanitary measures are enforced in the country. In 1866, municipal government was little more than a name. Now, it is a reality and, owing to the energetic labours of those who have successfully wielded its authority, the towns, especially Douglas, have been extended and improved in a way which has rendered them comparable with the most advanced towns in England. In 1866, there were no regulations for compulsory vaccination, and no reliable records of births, deaths, or marriages. Now, these are all in existence. In 1866, there were neither railways nor tramways. Now, the island is well supplied with both. And, finally, in 1866, the harbours of the island were practically unprotected from inshore winds, there was no low-water landing accommodation, and for eight months in the year the mails went only four times weekly to and from its shores. Now, there are magnificent harbour THE KECENT HISTOKY 687 works giving great, though still inadequate, pro- tection, and nearly all the landing accommodation required, and the mails come and go on every week day throughout the year. But, it will be asked, is this the only side of the shield ? And we are bound to admit in reply that it is not. In 1866, a consider- able number of retired military and naval officers, whose expenditure tended to promote a general, if moderate, well-being among the trading classes, still resided in the island. Now, in consequence of the small difference between prices in Man and in England not affording them sufficient inducement to remain, they have all departed. Their places have been taken by hordes of visitors who, coming for a limited period only, require, for the supply of their wants the temporary service of a number of household servants, car drivers, boatmen, porters, &c. These people, therefore, during the greater part of the year are thrown out of employment. Thus, though the amount of money brought by the smnmer visitors is far greater than that expended by the permanent residents whom they have succeeded, and, though it has enriched the steamship companies, the banks, the hotel, boarding and lodging-house keepers, the various corporations which provide re- creation and amusement, the tradesmen, and, to a lesser extent, the owners and occupiers of land, the temporarily employed class referred to, which, before 1866, was almost non-existent, has created a new problem in the way of pauperism as distinct from poverty. But, after all, the adverse changes are 688 HISTORY OF THE ISLE OF MAN insignificant as compared with the favourable changes, so that, speaking generally, the Manx people, except those employed in the depressed industries of fishing and mining, may justly be described as forming a prosperous community. Condition op The condition of the Manx labourers has greatly THE People. _ o ^ improved since the commencement of the present period. Their receipts are greater and their expenses less * than they were thirty years ago. Their staple food is white bread, tea, fish, and, frequently meat ; they are comfortably clothed,! and, as a rule, fairly well housed, though there is a regrettable tendency in Douglas to crowd them into tenements. In fact no class in the community has advanced so rapidly as they have. Poor relief. And yet, for the reasons already mentioned, it is during this period that the problem of the relief of the poor in the towns has become a serious one. In the country, the poor people are, in most of the parishes, well looked after by the vicars and wardens, or by their relatives and friends. But in the towns, especially in Douglas, which is the chief place of resort of the summer visitors, there are many who, during the winter, are dependent on charitable assistance. This assistance was, till recently, given by various voluntary associations, instead of one organization, in each town, the result being that ■■'' See pp. 696-8 for prices and wages. We should note that, since 1893, his expenses have been decreased by the grant of free education. f If a Manx child is seen without shoes or stockings, it is almost certainly from choice and not from necessity. THE EECENT HISTORY 689 many of the poor, and those often the least deserving, received much more than their share and others much less.* In 1868, the Committee of the House of Industry in Douglas declared that the amount received through the voluntary system was altogether FaiUn-c of the " -^ -^ ^ voluntary madequate to supply the necessities of the poor, and system. they suggested that a canvass should be made to discover whether the popular feeling was in favour of a poor rate or not. The canvass was accordingly made, with the result that the large majority voted against any changes. Although, in 1869, a system of voluntary poor rehef was organized in Eamsey, nothing in this direction was done in Douglas till 1880, when, as a result of the report of the " Poor Belief Medical Aid " Commission, a Poor Belief Board, called the "Central Belief," was elected.! The effect of this new departure was only to stave off for a time the necessity for a poor law. Apart from the inadequacy of the funds at its disposal,! the grave defect of the voluntary system w^as the want of organization for the medical relief of the poor. At last, in 1887, Governor Walpole, who truly declared that the system of poor relief in Douglas * In fact, as reported by the Poor Relief Commission in 1878, each charitable body acted independently, and was made the prey of professional paupers who get more than their fuU sliare, whereas the modest and retiring poor suffered {Manx Blue Book). t It worked on something like the Ebbcrfeld volmitary system. I It was calculated that, in 1885, the most pressing cases of distress cost ^900, while the subscriptions only amounted to £Q00. 690 HISTOEY OF THE ISLE OP MAN Walpole's proposals. A permissive poor law introduced in 1888. had " drifted on, not because its resources have been adequate to its requirements, but because its expen- diture has been reduced to the lowest possible sum consistent with decency," * made the following pro- posals for dealing with the question : (1) Poor relief to be granted. (2) Last three years' settlement to decide where it should be granted. (3) The Tynwald Court to have power, on the recommendation of the governor, to declare by resolution that any town or parish is not making adequate provision for the relief of its poor. (4) A committee t to be elected by the ratepayers of such district, such committee to make an estimate of the sum they consider necessary for the relief of the poor, and to hand over that estimate to the Asylums Board to collect the necessary rate for them. (5) A Poor Asylum to be provided the cost of which is to be paid for out of the general revenue. I A Bill embodying these proposals was introduced, and became law in 1888. § The towns of Douglas and Eamsey at once took advantage of the new system, and they were followed by the town of Castletown in 1895, and by several of the country parishes since that date. The management of the Poor Asylum, or " Home for the Poor "as it is now called, is vested in the Asylums Board. |1 Poor =■= Isle of Man T ivies. f Now " the Board of Guardians of the Poor." t It cost about dei2,000. § Statutes, vol. vi. pp. 55-62. Further Acts followed in 1889, 1893, and 1900. {Ihid., pp. 104-6 and 524-44). II The Lunatic Asylum Committee having thus two insti- tutions under its management received this name. THE EECENT HISTOEY 691 people, whether belonging to the declared districts or not, can be admitted to the Home for the Poor on payment by the district to which they belong of a charge equivalent to the average cost of main- tenance.* This permissive system of poor law has, on the whole, worked very well.t Further legislation, which mainly benefited the poorer classes, has been directed to dealing with the industrial and provident ■-■= About 4s. 8d. a week. •j- No. OF Persons in Receipt of Relief, (a) Year. Indoor. Outdoor. Total. Wholly. Partially. 1890 1893 150 29 759 938 1895 139 48 787 974 1899 ... ... ... ... Cost of Poor Relief. (6) Year. Douglas. Eamsey. Castletown. Lezayre. £ £ £ £ 1890 2,866 1,036 (c) • . . 1893 2,517 622 • . . . . • 1895 3,081 670 356 271 1899 8,409 782 293 193 (d) (a) Inclusive of those in Home for the Poor, which increased from au average of 60-4 iu 1893 to 107-75 in 1899. (6) Exclusive of a grant iu aid of £250 a j'ear from the Revenue to the Home for the Poor. (c) Including £469 for payment of debt. (rf) 1899, German, £122 ; Lonan, £312. 692 HISTOEY OF THE ISLE OF MAN Provident and societies.* In the past much has been done by industrial •*• societies. benefit societies, but many of the old parish chibs had either ceased to exist, or were on a very unsatis- factory footing, the proportion of old to young members being too great. There was also need of public and official inquiries into their financial condition for which provision was made. Education. It was not till 1872, when the insular Legislature passed the Public Elementary Education Act,+ that the State undertook any direct responsibility for education. This Act was, in the main, on the lines of the English Act of 1870, though there were some important differences. The most remarkable feature of the Manx Act, from a constitutional standpoint, is the fact that it incorporates the code, for the time being, of the English Education Department. This is effected by the simple method of requiring that the conditions to be fulfilled by an insular school, in order to obtain a Government grant shall be those contained in the minutes of the Education Depart- ment.! In this way education in the island is saved from becoming local in its character, and from falling below the standard prevaiHng in England. The Manx schools are, in effect, included ■'• An Act to provide for the incorporation, management, and winding up of Industrial and Provident Societies (1888), re- pealed in 1892, by the Industrial and Building Societies Act (Statutes, vol. vi. pp. 85-94 and 405-34). f Statutes, vol. iv. pp. 57-93. We are indebted for the substance of this section to Mr. G. A. Eing, who has done so much for Manx education during the last eighteen years. I For the time being. THE EECENT HISTOEY 693 in the great system froverned by the Education Department at Whitehall. The same subjects are taught in them, the same inspectors visit them, and they are compelled to attain the same standard of efficiency as the English and Welsh schools. It was a masterly stroke of policy, and one of the many evidences of the statesmanlike character of the then governor (Loch), the author of the Act. The Manx schools are subject to the control of a central board, called, since 1899, the " Council of Educa- tion," which is elected by and is responsible to the Tynwald Court. There are three striking differences between the English and Manx Acts, each of which is worthy of notice. In England and Wales School Boards did not universally spring into existence upon the passing of the Act. Their creation depended upon the supply of school accommodation in the district. If this, after enquiry, was found to be inadequate, the district in default was required by the Department to supply the deficiency, and, if it failed to do so, a School Board was formed. In the Isle of Man, on the other hand, every town and parish was at once constituted a School District, under a School Board.* Amongst the duties imposed upon the School Boards was that of en- forcing the attendance of children at school. This suggests the second of the differences referred to, i.e., that by the passing of the Manx Act the attendance of children became ipso facto compulsory, ■*= Then and until 1899 called " School Committee." 694 HISTOEY OP THE ISLE OF MAN the Act emphatically proclaiming the obligation of all parents to make their children attend school, and providing smnmary punishment in case of default. It was not until 1876 that the Imperial Parliament passed a measure to ensure the enforcement of this duty.* The third point of difference, to which we shall refer, is one of far-reaching importance. The omission from the English Act of all obligation upon School Boards to teach religion, although, provided no distinctive formularies were used, such teaching was permissible, gained for the English Board Schools, though in most instances unjustly, the name of secular or " godless " schools. The pre- judice thus created cannot be said to be as yet altogether extinct. In the Isle of Man this diffi- culty was avoided by a provision obliging every elementary school, those in connexion with the Church of Kome excepted, to provide for non- sectarian instruction in religious subjects, and for the reading of the Bible, accompanied by suit- able explanation. It may fairly be said that this provision has done much to reconcile the people of the island to a system of undenominational educa- tion.! Striking evidence of this is to be found in ■■'■ Under the Imperial Act of 1870 there was no national obligation as to attendance at school, it being left to the option of School Boards to make by-laws on the subject if they chose. f It sliould be observed, however, that when a school was transferred, the privilege was, in most cases, reserved (by the condition of the transfer) to the clergyman of the parish in which the school was situated of giving religious instruction at certain times, which might be denominational in character. THE KECENT TTISTOEY 695 the fact that no less than 17 of the 28 schools existing at the date of the Act of 1872 have been transferred to the School Boards.* We have thus seen that the Isle of Man was a pioneer in the educational field in several important respects. But this was not the case in free, or, more properly speaking, gratuitous education, Eng- land taking the lead in 1891, and being followed by the island in 1892. t The desire for more advanced education than that provided by the ordinary ele- mentary schools, which has impelled so many of the large School Boards in England to establish "higher grade " schools, has shown itself also in the Isle of Man, and Douglas now possesses a school of this description, containing more than 300 boys and girls. Part of this institution is an organized school of science, conducted under the regulations of the "Science and Art" department.! The progress in education since 1872 has been most marked. The attendance has increased enormously in almost * There are now 53 schools, 42 Board, and 11 Denomma- tional. Of the latter 6 belong to the Church of England, 3 to the Wesleyans, and 2 to the Roman Catholics. f Statutes, vol. vi. pp. 379-88. The passage of this Act was largely due to the influence of Sir Spencer Walpolc, the then governor. In 1893, the Education Acts were consolidated and amended. Among other changes, the age of compulsory attendance was, except under certain conditions, raised to 14 {Ibid., pp. 454-508). I A " Scliool of Art " was established in Douglas by volun- tary effort in 1879. 696 HISTOEY OF THE ISLE OF MAN every district,* and the accommodation provided, as well as the equipment of the schools has exhibited the most decided improvement. Douglas, besides its "higher grade" school, has three large elemen- tary schools of the most approved modern pattern, and there are also some excellent school buildings in the country. Nor should we forget the fine schools which have been recently erected in Peel by the munificence of the Clothworkers Company in connexion with Philip Christian's ancient founda- tion.! Of the high standard of the education given in the Manx Schools, the very favourable reports of Her Majesty's inspectors, together with the facts that both the percentage of attendance at them, and the average amount of the Government grant paid for this attendance per child are greater than in the English and Welsh schools, afford ample proof. I Prices. Since 1866, the prices of such commodities as * Year. 1878 1885 1890 1895 1900 f See Book II. p. 472 English and Manx Schools. Welsh Schools. I Percentage of attendance... 85"41 81'50 Government grant per child £0 19s. 8-4d. ^0 19s. 4d. Amount of Grant Average from Revenue. Attendance. £ 4,417 4,097 6,670 5,803 7,499 6,397 11,550 7,806 13,387 8,081 ■2. 1898. THE RECENT HISTORY G97 beef, mutton,* and pork, have advanced, while those of butter and poultry have not altered much, and bread, groceries, and clothes are cheaper. Wages have increased to a much greater extent wage^. than prices, competent married farm servants (men) getting from £36 to £40 a year, with a free house, a ton or two of coals and other advantages. Un- married men and lads get from £15 to £21 a year with their keep, and farm servant girls from £8 to £12. Without keep, the usual wage of an unmarried farm man or lad varies from £30 to £40 a year. The wages of domestic servants have also consider- ably increased. Carpenters earn from 30s. to 32s. per week, mechanics from 28s. to 34s., masons 30s., plasterers 34s., painters 28s., plumbers 32s., black- smiths 30s., ordinary job labourers about 3s. a day in the country, and as much as 3s. 4d. in the towns. To compare the position of the Manx labourer fhe'^^otition of J • ,1 • • T 1 i j_i i> i. j_i the labourer at durmg the various periods between the fourteenth different . , . periods. century and the present day would be both in- teresting and instructive ; but, unfortunately, the accessible statistics relating to this subject are hardly precise enough to found definite conclusions upon. However, estimating the cost of the food of an adult labourer, at the present time, at 16d. a day, his wages being 3s., we think it probable that he is better off than his predecessors were, except possibly * Beef and mutton about 9d. Pork, 5d. to 6d. Butter from Is. to Is. 3d. Poultry, 2s. to 2s. 6d. Bread 6d. for the 4 lb. loaf. 698 HISTORY OP THE ISLE OF MAN Toiuns. Douglas. during the period between 1350 and 1500. We append a note on the approximate rate of wages and cost of food since 1350.* The towns, especially Douglas, have made enor- mous advances since 1866. New streets have been opened out, insanitary areas have been done away with, systems of sewerage have been constructed, and municipal self-government has become a reality instead of little more than a sham. Let us first briefly trace the chief steps in the advance of Douglas. In 1867, its houses were, for the first time, numbered uniformly. In the following year its main sewerage works were completed. In 1875, the fine new street, called Victoria Street, was Per Diem. Period. (1) Approximate Wages. (2) Approximate cost of food.* Proportion of (2) to (1). 1350-1540 1540-1642 1642-1700 1700-1765 1765-1793 1793-1816 1816-1830 1830-1847 1847-1866 1867-1900 (?) lid. (?) 2d. 4d. 5i. 7d. Is. 8d. Is. Is. 6d. 3s. *d. Id. 2d. 3d. 3id. 7d. 5d. 6d. 9d. 16d. 2 to 5 1 „ 2 1 „ 2 7 „ 16 1 „ 2 7 „ 12 5 „ 8 1 „ 2 1 „ 2 4 „ 9 Wages in 1898 are as 29 to 1 compared with 1540. Cost of food in 1898 is as 32 to 1 compared with 1540. * It is impossible to estimate the cost of the items of expenditure, other than food, for all these periods. THE RECENT HISTORY 699 completed ; * and, in 1878, the Loch Promenade, built on the foreshore, which gave the town a magnificent new frontage to the sea, was opened, t In 1882, the commissioners received additional powers, especially with regard to buildings and sanitary matters, but they were limited to a shilling rate I till 1884, when it was increased to one shilling and threepence. § In that year, too, their powers were again enlarged, especially with regard to precautions against the spreading of infectious disease. In 1886, by the Local Government Act,\\ the Town Commissioners got unlimited rating powers, and, subject to the approval of the Tynwald Court, unlimited borrowing powers. Subject to the same control, they also obtained increased powers for acquiring gas and water undertakings, and for making bye -laws ; and, in the same year, by the passage of the Foreshore Act, they became absolute owners of the foreshore.^ At the same time, too, the town was divided into six wards, with three commissioners for each. In 1889, by the Douglas Improvement Act, the commissioners were authorized to declare areas unhealthy, and to make schemes for their improvement (being, for these purposes, invested with enlarged powers to take land compulsorily) , and were required to provide dwellings for as many of the working classes as the ■'' The Douglas Bay Tramway was started in 1876. f Building lots on it sold at from 3s. 2d. to 9s. 6d. per square foot. I Statutes, vol. v. pp. 196-203. § Ibid., pp. 408-11. II Ibid., pp. 512-4. ir Ibid., pp. 464-6. 700 HISTORY OF THE ISLE OF MAN Tynwald Court should think necessary.* In 1890, the Douglas Water and Loans Act authorized the creation of stock to the extent of £217,500, of which £144,000 was spent in acquiring the property of the Waterworks Company.! In that year, too, an Act was passed which permitted the Town Com- missioners to close all private slaughter-houses in the town, when they had provided a public slaughter- house.! This they promptly proceeded to do. In 1892, the Tynwald Court approved of a scheme to re- move a large number of insanitary buildings, and lay out new streets, § and this work has since been carried out.li In 1895, came the incorporation of the town, by which it was created a municipal borough, with eighteen councillors, six aldermen, and a mayor. The councillors are elected by the burgesses for three years, the aldermen by the council of the borough for six years, and the mayor by the alder- men and councillors for one year. Provisions were made for the appointment of a town clerk and for the retirement every year of one councillor from each ward (there being six wards as before) and of three aldermen every third year.H In the same year, an ■■'• Statutes, vol. vi. pp. 118-131. f Ibid., vol. vi. pp. 205-226. | Ihid., pp. 188-190. § An area bounded by Duke Street, King Street, Church Street, Heywood Place, and North Quay. II The following figures from a memorandum, by Mr, T. H. Nesbitt, late town clerk, show the sums expended on Douglas since 1866. Between 1866 and 1874, ^£40,000 ; between 1874 and 1895, ^276,574. H The Douglas Mu/nicipal Incorji oration Act 1895 (Loose). THE RECENT HISTORY 701 Act was passed establishing a public cemetery for the borough.* It is impossible here to enter into details with othertowm. regard to the other towns, but, generally speaking, it may be said that they are all vastly superior as regards sanitation, and the appearance of their streets and buildings to what they were thirty years ago. Kamsey, in particular, has developed very rapidly of late years, f Peel and Castletown obtained town commissioners in 1881. The villages of Port St. Mary, Port Erin, and Conchan have also greatly increased, having been declared village districts, the first two in 1890, and the last in 1896. The police force has both improved in efficiency Police. and increased in numbers, there now being 57 constables. These suffice for the needs of the island during the greater part of the year, but are quite incapable of dealing with the great numbers of visitors in the summer. To enable them to do so additional constables have recently been obtained, for temporary service, from elsewhere. Prison accommodation was very inadequate before the new prison, near Douglas, which has all the most * The Douglas Cemetery Act (Loose). f Perhaps the best way of showing the progress of the towns is to give their rateable valuation : 1887. 1890. 1895. 1899. £ £ £ £ Douglas 85,773 105,398 123,194 138,720 Ramsey 16,591 21,132 22,973 23,217 Castletown 5,876 6,543 6,809 7,340 Peel 7,654 10,075 10,430 10,794 Country 183,747 193,685 192,240 205,729 VOL. II. 46 702 HISTOEY OF THE ISLE OP MAN recent improvements, was finished in 1891.* Till that year, the only prison was the old Castle Rushen, where it was impossible to adopt the system of solitary confinement in its full extent ; and, indeed, it had been palpable for many years past, that the state of things existing there was, from the point of view both of humanity and of the maintenance of proper prison discipline, intolerable. In 1886, it was condemned by the official inspector, Sir E. Du Cane ; and, in 1887, a motion was passed in the Tynwald Court in favour of a new prison. Crime. It was uot till the year 1869 that accurate criminal statistics were kept. The result of them is to show that serious crime is very rare. During the last ten years (1890-99), for instance, there have been no convictions for murder, only three for manslaughter and five for criminal assault. The number both of indictable and of summary offences increased up to 1885, but since then they have decreased. Offences against the town bye-laws have also decreased.! These facts, especially when taken in connexion ■■'• An Act was passed for the construction of this prison in 1890. Statutes, vol. vi. pp. 197-202. f Convictions for (1) indictable offences, (2) summary offences, and (3) offences against bye-laws : Year. (1) (2)* Total of (1) and (2) (3) 1875 31 735 766 333 1880 68 1,004 1,072 418 1885 79 1,152 1,203 360 1890 46 932 978 354 1895 55 797 817 159 1900 53 654 707 171 Cases of drunkenness form the largest part under this heading. Cases tried exceed convictions by 9 (on an average) annually. THE RECENT HISTORY 703 with the increased numbers and greater activity of the police, are very satisfactory. The percentages of illegitimate births have con- tinued at much the same level, though with a slight tendency to decrease.* Drunkenness still continues much too common. Drink. Judging by the number of cases tried, it increased up to 1885, when the maximum number, 855, waF attained. Since then it has decreased rapidly, the number in 1899 having been 526, as compared with 556 in 1866. Taking five-year periods, from 1867 to 1891, the cases tried number 419, 446, 763, 792, and 719 respectively, and, during the last eight years, the average number has been 618. Con- sidering the increase both of the permanent popula- tion and the number of visitors, the percentage for the last period does not vary much from that of the first. But this percentage is, unfortunately, much above that of Great Britain and Ireland, since we find that, if the average number of cases tried in Man had been in the same proportion as in Great Britain and Ireland in 1890, t their total would have been only * Average percentages of illegitinaate to legitimate births : 1879-83, 6-2 per cent. ; 1884-88, 5-7 per cent. ; 1889-93, 5-9 per cent. ; 1894-96, 5-7 per cent. ; 1897-8, 6-0 per cent. Maximum, in 1879, 7"2 per cent. ; minimum, in 1894,4-4 per cent. t Total 315,895, population in 1891 being 37,732,922 ; that of Man, 55,608. The figures are the latest we could obtain for the whole kingdom. The average number of cases tried in England and Wales between 1874 and 1898 is 183,977, and for the five years 1894-98, 186,210. The number for the year 1890 is 189,746 ; so that, as far as England and Wales are concerned, 1890 is above the average. (Judicial Statistics, 1898, Part I.) 704 HISTOEY OF THE ISLE OP MAN 467, or, including visitors, 579.* Licensing legislation since 1867 has been mainly confined to assimilating the Manx law to the English, though the Isle of Man still continues to close its public-houses to all, except bond fide travellers, on Sundays.! In 1894, licenses for the sale of beer during certain hours in registered boarding-houses were legalized! by an Act which has since expired and has not been renewed. In 1895, the issue of licences was committed to newly constituted licensing courts, in the appoint- ment of whose members the principle of popular election was partially recognized. A Licensing Board was formed in each of the four districts, which remained as before, § consisting of the high- bailiff, the justices and captains of the parishes, || (who were members of the old court) and, in addition, of the members of the House of Keys and the chairman of the town IT and village commissioners * It is only fair to reckon the number of visitors with the Manx population. They averaged 337,927 for 1892-9, a number which is reckoned for customs purposes as equivalent to an addition to the permanent population of 13,146. If, then, the population of the Isle of Man is reckoned at 68,754 (55,608 and 13,146) its number of cases of drunkenness would have been 579, if in the same proportion as in Great Britain and Ireland. It should be stated, however, that the proportion added is so large that separate returns for the visitors should be obtained in order to draw a reasonably correct inference from it. f Licensing Acts were passed in 1876 and 1881. Statutes, vol. iv. pp. 414-39 and vol. v. pp. 103-110. In 1882, a " Local Option " Bill was rejected by the Keys. I Ibid., vol. vi. pp. 605-11. § See p. 581. II The Rectors and Vicars of parishes ceased to be members. 11 The Mayor in the case of Douglas. THE RECENT HISTORY 705 within tiie district. It was provided that each Board should annually elect six of its members to form the Licensing Court for the district, the seventh member, the high-bailiff, being chairman ex-officio. Further, a general Court of Appeal was established, consisting of the four high-bailiffs and five elected members, two chosen by the Board of the Douglas district and one by each of the other Boards. From the decision of this court there is no appeal, except on a question of law. The district courts were, in the same year, permitted to substitute short-term licences for general public-house licences if they saw fit ; * and, in 1898, the sale of intoxicating liquors to persons under fourteen years of age was prohibited.* The sanitary conditions, especially of the towns, health. at the beginning of the period, were still very unsatisfactory, and the continued efforts of Governor Loch to improve them met with determined opposi- tion in the Legislature. The Common Lodging Houses Act of 1865 was evaded to such an extent that the small lodging- houses in Douglas and the other towns continued to be in a bad state till 1878, when this Act was amended, t In 1880, a Bill deahng with sanitary matters was rejected by the Keys, and it was not till 1884 that such questions as the formation of sanitary districts, the disposal of sewerage, scavenging and cleaning, public nuisances, offensive trades, unsound meat and infectious diseases were at all adequately * Licensing Aviendment Act, 1895 (Loose), f Statutes, vol. iv. pp. 507-14. 706 HISTOEY OF THE ISLE OF MAN dealt with.* The Act passed in that year was repealed two years later by the Local Govermnent Act, which consolidated and amended all previous Acts relating to sanitary administration. f From this date a rapid improvement set in, stringent regulations being made about the supply of water, the licences for slaughter-houses X and the erection of public slaughter-houses. In 1894, the sanitary condition of the towns had greatly advanced, but that of the country was still unsatisfactory. To deal with it an Act was passed which constituted parish and village districts, with commissioners to be elected by the people, who had, in conjunction with a new central Board, elected by the Tynwald Court, called the " Local Government Board," and an inspector appointed by it, to attend to all sanitary questions and infectious diseases throughout the country. § With a similar object. Acts have been passed for the prevention of the adulteration of food and drink, public analysts being appointed to detect any breaches of the law in this respect, |i for the regulation of the composition of bread IT and for the provision of vaccination and the suppression of the practice of inoculation.** The last Act, however, which was passed in 1876, did not make vaccination * Statutes, vol. v. pp. 374-400. f Ibid., pp. 512-629. This was again amended in 1889, see vol. vi. pp. 134-150. I Ibid., vol. vi. pp. 179-83 and 188-90. § Ibid., vol. vi. pp. 562-78. The Burials Act of 1882 {Ibid., vol. V. pp. 110-27) was also a sanitary measure. II Ibid., vol. iii. pp. 497-9 ; vol. iv. pp. 816-28. U Ibid., vol. v. pp. 77-82. -- Ibid., vol. iv. pp. 468-71. THE EECENT HISTORY 707 compulsory, this not being done till two years later,* after the Keys had been alarmed by the outbreak of small-pox in 1877. There were outbreaks of small-pox in 18G5, 1869, 1871, and 1877, but, since vaccination has been made compulsory, it has practically disappeared. In 1888, a fever hospital was established at the " White Hoe," near Douglas. We may note that the public security has also been cared for by Acts dealing with the safe custody of dangerous goods, f As a result of these mea- sures, health has very greatly improved. The death rate, which between 1879 and 1898 I averaged 20"0 per thousand, was 20'6 during the first five years, and 19 '2 during the last five.§ * Statutes, vol. iv. pp. 531-9. f Ibid., vol. iii. pp. 551-62 ; vol. v. pp. 86-90 and 262-66 ; vol. vi. pp. 557-8. I Registration was not made compulsory till 1878 {Statutes, vol. iv. pp. 519-22), and so no satisfactory statistics are obtain- able before that date. § BIRTHS, MARRIAGES, AND DEATHS (FIVE-YEAR PERIODS). Numbers Registered. Excess of Births over Deaths. Rate per 1,000 of Population. Deaths. V Deaths. to 13 to a s o o 1879-83 1884-88 1889-93 1894-98 1,475 1,508 1,455 1,426 350 373 375 396 1,108 1,102 1,095 1,082 366 406 360 344 27-5 28-1 26-4 25-6 6-51 6-97 6-81 7-10 20-6 206 19-8 19-4 23-6 24-6 22-0 201 17-9 16-9 17-5 17-9 The greatest percentages (since 1884) of births, in 1889, 29'6 ; 708 HISTOEY OF THE ISLE OF MAN Population. Tbade. Has greatly increased. The population has not increased much since 1869, its natural growth being almost counter- balanced by a small, but steady, emigration. The most remarkable thing about the population is the way in which it has moved from the country into the towns, or rather into Douglas. Thus, in 1871, the population of the country was 30,303, and of the towns, 23,739 ; whereas, in 1891, that of the former was 25,408, and that of the latter 30,200. Douglas has increased from 13,972 to 19,525 ; Eamsey from from 3,934 to 4,866, and Peel from 3,573 to 3,631,* while Castletown has fallen from 2,320 to 2,178. Insular trade has greatly grown and prospered, though in some directions, owing to undue stimula- tion, its prosperity has been more apparent than real. Its growth is shown by the statistics relating to the increase of the tonnage of the vessels entering the Manx ports, to the returns from the railways and tramways, to the deposits, &c., in the banks, to the number and capital of public companies registered as carrying on business in the island, t and to the enormous increase in the rateable value of the towns, of marriages, in 1893, 7"55 ; of deaths (island), in 1880, 21*9; urban, ditto, 26"4 ; country, in 1895, 20"2. The smallest per- centages (since 1884) of births, 23"9, in 1892 ; of marriages, 6-14, in 1888 ; of deaths (island), in 1898, 18-1 ; urban, 19-0, in 1896 ; country, 14-5, in 1889. -'■ Appendix B, Book IV. All the country districts, except Middle Sheading, show a large decrease : Glenfaba, of 1,117 ; Michael, of 717; Ayre, of 968 ; Garff, of 1,220; Rushen, of 708 and Middle, of 22. This small decrease of Middle is, however, mainly due to the increase of the village of Conchan and of suburban residences near Douglas. f For full particulars see Appendix A. THE EECENT HISTORY 709 especially Douglas.* A severe check has, however, been given to it by the failure of Dumbell's Bank iu February, 1900. Till about 1878, the exports of cattle, turnips, hay, butter, and eggs largely exceeded the imports, but, since that date, the tendency is for the imports of all such commodities, except turnips, to exceed the exports by a steadily increasing amount, and, of late years, notwithstanding the largely increased pro- duction of fruit, flowers, and vegetables in the island, considerable quantities of these commodities have also been imported. Let us briefly note the chief events which have marked the expansion of Manx trade. In the first place, our attention is claimed by the P^^ii^ works, public works which have been completed since 1866. In 1870, the internal telegraphic communication, which had hitherto been confined io Douglas and Ramsej^ was extended to Castletown and Peel. In 1873, the Victoria Pier in Douglas was completed. Railways have been made between Douglas and Peel (finished in 1873) ; between Douglas, Castle- town, and Port Erin (in 1874) ; between Ramsey and St. John's, connecting with the Peel line at the latter place (in 1877), and between Foxdale and St. John's (in 1886). Tramways were laid along Douglas Bay f (in 1883) ; between Douglas and Laxey, I (in 1895) ; between Laxey and the summit I * See note f p. 701. f Horse. I Electric. The tramway to Snaefell was the first successful mountain tramway in the United Kingdom. 710 HISTORY OF THE ISLE OF MAN steamers. Trade legislation. of Snaefell (in 1896) ; * in Douglas f (in 1897), and between Laxey and Eamsey * (in 1898). We may also mention that a line of steamers began running between Douglas and Barrow, in the summer months in 1874, and that, since then, the ports to and from which there is summer traffic by steamer have become more numerous, and the numbers, speed, and dimensions of the steamers 1 engaged in this traffic has largely increased. Another evidence of the progress of Manx trade may be seen in the legislation which its expansion has rendered necessary. Bankruptcy Acts were passed in 1872 and 1892, § the latter of which took the control of the debtor's estates out of the hands of the creditors and gave it to the court. It cannot, however, be said that the Manx law relating to bankruptcy is altogether satisfactory. In 1872 and 1884, li there was further legislation with reference to Joint Stock Companies ; H in 1880, provisions were made for the local inspection and verification of weights and measures, it being enacted that Manx § weights and measures were to be made uniform with those throughout the United King- dom.** In 1884, an Act was passed to codify the law relating to bills of exchange, cheques, and '■'■'- Electric. f Cable traction. I The largest vessel of the Isle of Man Steam Packet Co.'s fleet is 2,500 tons burthen, has 10,000 horse power and steams 24 miles an hour. § Statutes, vol. iv. pp. 12-26, and Ibid., vol. vi. pp. 312-64. II Ibid., vol. iv. pp. 150-4, and vol. v. pp. i343-51. IF Appendix A. *- Statutes, vol. v. pp. 41-53. THE RECENT HISTORY 711 promissory notes.* In 1885 and 1898, the fraudu- lent marking of merchandize was dealt with ; f in 1892, a duty on the registration of Limited Liability Companies was imposed ; I and, in 1895, the law relating to the sale of goods was codified. § There were also numerous Acts regulating the railways and tramways. Trade legislation is, however, still very much behind that of England. Since labour has become dearer and scarcer, Manx i>^ddstries. textile industries have, generally speaking, been in a declining position, being unable to compete with the larger and more completely organized manufactories elsewhere. The principal manufactured articles are woollen cloths and blankets, hemp ropes, flax sail- cloth, and cotton herring nets. Though the quantity of these goods exported is greater than before 1866, their local consumption, except in the case of herring nets, has shrunk to very small dimensions. Respecting other industries there is little to record. II Since the introduction of iron ships, shipbuilding has been mainly confined to the production of herring fishing vessels of a large and fine class. Brewing, stimulated by the large summer demand of the visitors, has flourished. There are fewer breweries than formerly, but these few are, compared with their predecessors, large and well organized con- cerns. - Statutes, vol. v. pp. 310-42. f Ibid., pp. 422-30. I Ibid., pp. 364-5. § Ibid., pp. 618-37. II For Agriculture, Fishing, and Mining see Book VIII. 712 HISTOEY OF THE ISLE OF MAN The "visiting" But there is one industry, for so it may really be industry. _ *' . . called, that of provision for summer visitors, which, since 1866, has taken vast strides. Between that year and 1873, when the Victoria Pier was opened, the average annual number of visitors was estimated at 60,000. In 1873, there were about 90,000; in 1877, 86,350 ; in 1880, 92,765. By 1884, this num- ber was nearly doubled, with 182,669, and this was again the case in 1887, when 347,968 came.* This was, for some time, the highest number reached, the numbers falling back in the interval between 1887 and 1896, but, in the latter year, the total rose to 361,362, and, in 1899, it was 418,142. The Commission appointed to enquire into the condition of local industries and the feasibility of extending them has, in 1900, reported with refer- ence to industries other than agricultural, fishing, mining, and the " visiting " as follows : — "We are of opinion that, owing to the great demand for labour in connexion with the successful visiting industry, and the consequent difficulty in obtaining it for other industries that, with the possible exception of forestry, market gardening, poultry-keeping, and bee-keeping, which could be carried on to a greater extent than at present, by the better application of the labour at present available, without any appreciable addition to its amount, the extension of the present industries of the Island is impracticable. * This was an abnormal expansion, due to the "Jubilee" season and rival Steam Packet Companies. THE KECENT HISTOEY 713 " To the introduction of new industries, with the exception of such industries as might be pursued during the winter, to which we refer below, the same objection applies. " We would also point out that apart from lead and copper ores, barley, and wood, the Isle of Man produces scarcely any raw material for manufac- tures, so that, except perhaps in spinning and weaving wool and in distilling whisky, it could not compete with English and Scotch manufacturing centres, where they have coal on the spot, together with a steady support of labour and enormous capital to establish large concerns, which can work much more cheaply than smaller ones. To set against these advantages we have only excellent water power. Besides woollen manufacturing and distilleries, which would be hampered by the diffi- culty in obtaining a steady supply of labour, the only industries which would have any chance of success would be art industries : wood-carving, fancy articles in brass and iron, embroidery, &c., which could be carried on in the people's homes during the winter — such industries, in fact, as the Isle of Man Guild has been endeavouring, with indifferent suc- cess, to promote during the last ten years. To render them commercially successful it is absolutely necessary that such industries should have sufficient artistic merit to enable them to command prices sufficient to compensate for their only being carried on part of the year." During this period the revenue has grown from revenue. 714 HISTOEY OF THE ISLE OF MAN ^£44,356, in 1867, to ^82,485 in 1900, though, at the same time, the debt has increased from £46,191, in 1870, to £186,322, in 1900.* But the vahie obtained in public works has far exceeded the amount of the debt, since, between 1866 and 1893, more than £400,000 has been spent on harbours,! and more than £60,000 on pubHc build- ings, and this, of course, is in addition to defraying the ordinary expenses of government, some of which, as we shall see, have largely increased in the interval. Though part of the growth of revenue is due to increased taxation, more of it has undoubtedly arisen from the expansion of insular trade and wealth. Compared at In Considering the state of the finances we may different . ..... periods. Conveniently divide this period into three parts : viz., the administration of Governor Loch till 1882, that of Governor Walpole till 1893, and that of their successors to the present time. In 1867, the revenue was £44,356, and there was a balance of cash in excess of debt amounting to £13,539. On the other hand, there had been no important addition | to harbour and other public works for many years. In 1882, the revenue was £51,058, § and the debt was '■'■' It reached its highest in 1894, when it was ^219,531. (See Appendix B.) f Exclusive of the jG2,300 specially devoted to repairs. Some of the .£400.000 has, as we shall see, been wasted, but the greater part of it may fairly be classed as productive expendi- ture. J See under Harbours. § We should note that from 1879 the revenue gained ^2,000 a year, being the estimated amount of EngUsh duty-paid goods imported into the island (see p. 721 j. THE EECENT HISTOEY 715 iei35,797, but more than ^253,000 had been spent on harbour works alone.* In 1893, the revenue was £72,302, the debt £209,560, and more than £188,000 had (since 1882), been spent on harbour and other pubUc works.! In 1900, the revenue and debt are, as already stated. About £86,000 has (since 1893) been spent on public works. It will probably be interesting to indicate the main sources of the customs' revenue and how they have varied during the last thirty years.! Spirituous liquors of various kinds form the largest item, the amount of revenue obtained from them having increased from £23,205 in 1870, to £48,199 in 1900, the consumption having risen from 67,929 gallons in 1867, to 78,674 gallons in 1900. This, considering the very large growth in the number of visitors, does not indicate much alteration in the consumption per head of the population. The change in popular taste is indicated by the large increase in the amount of whisky consumed, and the decrease in the amount of rum. The largest gain is that from tobacco, which gave £9,289 in 1870, and £19,680 in 1895, the quantities having increased from 76,656 lbs. in 1867, to 105,306 lbs. in 1890. § Tea also shows an ■■'• Apart from the £2,B00 see note j , p. 714. f Governor Walpolc was a very capable financier, and his adjustments and arrangements of taxation were judicious (see Appendix C). I In Appendix B full particulars wiU be found of the quantities of imported goods paying duty, and of the revenue obtained from them. § See Appendices B and C. 716 HISTORY OF THE ISLE OF MAN Post office. Taxation, Local rates. enormous increase, giving £6,671 in 1895, as com- pared with £3,888 in 1870 ; while the quantity has increased from 236,358 lbs. in 1867, to 353,230 lbs. in 1890.* The duty on beer, too, is now a consider- able item. The post-ofdce continues, as before, to be worked by the Imperial authorities ; it is not known what revenue they derive from it. In 1872, the Isle of Man Telegraph Company was wound up and taken over by them. In 1879, a daily mail throughout the year was commenced, and, since then, the number of letters and telegrams has largely increased and greater postal facilities have been granted. Since 1866, the duties on spirits have been con- siderably increased, t and a smaller increase has been imposed on the tobacco and wine duties. The duty on coffee has almost disappeared, and those on sugar and corn have been entirely removed, while that on tea remained at the same level till 1900, when it was increased. In 1874, a duty was placed on Manx brewed beer, and, in the same year, harbour dues were imposed. Of the general local rates, those for lunatics and highw^ays have practically remained stationary, while that for education has largely increased, and a rate for poor relief in certain districts was levied for the first time in 1890. The rates in the towns have enormously increased, t '■^' See Appendices B and C. \ Appendix D. I These are more particularly discussed under the headmgs of highways, towns, &c. THE RECENT HISTORY 717 The ordinary expenditure has gradually risen from expenditubb. ^635,000 in 1867, to ^72,686 in 1900. Its chief items, apart from the annual payment of £10,000 to the Imperial Exchequer, are the cost of collection of the customs (including the salaries of the revenue officers), the salaries and pensions on the Civil List, the cost of the police force and gaol, the interest on and repayment of debt,* the maintenance of and repair of harbours * and the cost of public educa- tion.* It will be seen, from the figures given below, t that the amounts paid for the collection of customs and for the Civil List have, as the result of good management and the doing away with super- fluous ofticials, been somewhat reduced, though the salaries of most of the remaining officials have been considerably increased, t The cost of the police has, on the other hand, been largely increased, but more than a corresponding gain both in numbers and efficiency has resulted. The interest on and the Loan •^ arrangements. repayment of debt, by reason of Governor Walpole's loan arrangements, stood at the fixed sum of £'10,376 from 1884 to 1889, it then advanced until, in 1892, it reached the sum of £15,672, at which it still remains. * These are discussed under special headings, t Chief items of expenditure — 1867. 1875. 1880. 1SS5. 1890. 1895. 1900. Customs. Cost £ £ £ £ £ £ £ of collection 3,316 3,291 3,249 3,136 2,910 2,746 2,639 Civil List ... 10,025 9,932 10,149 9,834 9,871 9,947 13,532 Police ... 2,228 3,102 3,401 3,769 4,338 5,698 5,848 Gaol 1,775 1,065 1,152 930 968 1,016 I AppendLx E. Book IV., , ch. ii. VOL. II. 47 718 HISTORY OP THE ISLE OE MAN habboubs. The necessity of obtaining sufficient money for the improvement of the harbours was one of the main causes which brought about the constitutional changes of 1866.* The greatest need was that of landing accommodation, at all states of the tide, for the rapidly increasing passenger traffic at Douglas, and this was supplied by the pier, afterwards called the Victoria Pier, which was commenced in 1867, being opened for traffic in 1871, and completed in 1873. In 1872, the Harbour Board became responsible to the Tynwald Court,* which, con- sequently, gained control over the insular harbours. One of the court's first actions was to obtain an Imperial Act enabling it to levy harbour dues,! a proceeding which was received with dissatisfaction by the Manx fishermen who thought it very unfair that dues should be levied upon ports, such as Peel and Port St. Mary, where insufficient protection was afforded to the fishing boats. They appointed a deputation t to meet the governor at Tynwald on The fishermen the 5th of July, and about four hundred fishermen object to harbour clues, accompauied it.§ The governor told them that there was no intention of re-imposing harbour dues, except in those places where large sums of money * For discussion of these questions see Book VI. § 2. f By 37 Vic. c. 8. I Twelve from Peel and twelve from Port St. Mary. § It appears that there had been considerable excitement among the fishermen, and that about 1,000 men had intended to make a demonstration at Tynwald, but yielding to the advice of Messrs. Adams and Clucas, their advocates, they appointed the deputation. THE RECENT HISTORY 719 had been expended out of public funds ; and that, when proposals for improvements of the ports of Peel and Port St. Mary were brought forward in a proper manner,* they would receive careful atten- tion. With this promise they were appeased, and, indeed, no harbour dues were levied for some years later. Nothing was done, however, for the Peel and Port St. Mary harbours,! and so, in 1880, about a thousand fishermen made a demonstration at Tynwald and presented a memorial to the governor. The governor replied that the Isle of Man Loans Act, I which would enable money to be raised in England for harbour works, had been passed by Parliament, and that the Committee of the Tynwald Court which had been appointed to enquire what improvements were required in the harbours would shortly issue its report. In this a breakwater at New harbour works. Peel, a pier at Port St. Mary and Kamsey, and some changes in Castletown harbour, were recommended. All these works have since been carried out. The Bill referred to had been passed as one of the con- sequences of the part-settlement of the question of the Port Erin breakwater, which, from 1870 to 1879, disturbed the cordial relations of the island with the Imperial Government. During that period this * The governor objected to the presence of so many fisher- men, saying that : " he must protest against their meeting in large bodies either with a view to intimidation or to dictate in any shape or form to the Court or any members of it " (Manx Sun). f Owing to the action of the English Government. See p. 721. I 43 and 44 Vic. c. 8. 720 HISTORY OF THE ISLE OF MAN The Port Erin Question was of absorbing interest to Manxmen, but breakwater. _ " _ _ it may now be relegated to obscurity with a very brief mention. It will be remembered that, as stated in a former chapter,* the breakwater was commenced in 1864. In 1868, it was damaged by a storm, and, in the following year. Governor Loch persuaded an unwilling Tynwald Court into grant- ing a sum of j613,000 to enable the necessary repairs to be done and the breakwater to be completed, f By 1870, it had become evident that the dues would not even pay for the maintenance of the breakwater. Under these circumstances, the Imperial Government, on the plea that it had been misled about the amount of dues likely to be received for the use of the harbour, demanded that the island should be responsible for the whole loan. It ad- mitted that it was legally liable for this amount, but declared that the Manx Legislature was morally liable. To this the Tynwald Court replied that, since the work had been largely undertaken to pro- vide a refuge for the Imperial shipping, and not exclusively for the fishing fleet of the island, the insular revenue was not liable for the money expended there. Neither side would give way. Finally, in 1875, the Imperial authorities offered to " concede " certain claims made by the Tynwald Court, which included rating of the insular crown lands, the refunding of duties paid in England on * P. 632. f At a later period it voted ^£6,650 more for the same purpose. THE RECENT HISTORY 721 goods afterwards imported to the island, and an additional payment by the Post Office towards a daily mail, on condition that its terms, as regards the Port Erin loan, were accepted. But the Tynwald Cornet declined, and so the Government refused to sanction any further expenditure on public works and denied all further borrowing facilities. For four years longer nothing was done, though there were lengthy negotiations, and it was not till 1879 that the question was settled on the following basis : — (1) The claim of A'58,200 to be liquidated by a payment of i;23,000. (2) The island to be credited with £2,000 per annum, which was the estimated amount of English duty paid on goods imported. (3) The island to be granted freer borrowing powers ; and (4) to have a daily mail. We may add that the breakwater was again damaged in 1882 ; that, in 1883, £2,955 was voted by the Tynwald Court for its repair ; and that it was finally destroyed in 1884, after having cost the island £45,600,* to say nothing of the resulting damage to Port Erin bay. In 1883, the revenue of the Harbour Board received Passenger tax a considerable addition by the imposition of a tax of dues imposed, one penny on every passenger landed in the island,! and, in 1885, harbour dues were again charged.! In * I.e., Je23,000 + .£13,000 + jE6,650 + ^£2,955. f By Isle of Man Harbours Act (Imperial), 46 and 47 Vic. c. 9. I Each vessel not landing cargo and not landing or embarking 722 HISTOEY OF THE ISLE OF MAN Further new works. Highways. 1886, the extension of the Victoria Pier, for which ^£52,500 had been voted, was begun. It was finished five years later. Other extensive works which have been carried out are the Battery Pier at Douglas, the breakwater at Peel, the Alfred Pier at Port St. Mary, and the Queen's low-water landing pier at Ramsey. At the beginning of this period there was a good deal of agitation on the subject of the highway-rate, especially with regard to the unjust charge of 3s. on each house in Douglas, irrespective of its value. Several bills relating to the subject were discussed by the Keys, but nothing was done till 1874, when an Act was passed giving power to levy a general rate, not exceeding 3d. in the £ on all real estate, except in Douglas and Eamsey, and also to levy a drainage rate.* In 1891, the policy of granting money from the revenue for the opening out new roads, chiefly for the benefit of visitors, was pro- posed by Governor Walpole, and it was initiated in 1893 by a grant of £2,000 for that purpose, t passengers and not being a wind-bound or fishing vessel, pays 2d. per ton. Each vessel wind-bound and not discharging cargo, or being a fishing vessel, pays ^d. per ton. Fishing vessels pay £1 per year. Every vessel, other than a fishing-vessel, lying in harbour more than six months pays, in addition to entrance dues, or dues on goods landed, 6d. per ton, and on all goods landed from a vessel, other than a fishing vessel, 3d. per ton. '■'•'■ Stahifes, vol. iv. pp. 352-64. The title of the committee of management was changed from " Committee of Highways" to " Highway Board." In 1883, the towns of Peel and Castletown were removed from the jurisdiction of the Highway Board (see Ibid., vol. V. pp. 216-221). f Up to 1896, £6,000 had been granted for this purpose, but nothing further has been granted since that date. THE EECENT HISTOKY 723 The amount of the hif^hway rate has not varied since 1874, but, owing to the increase in the receipts from duties on carriages and dogs and from public- house and other Hcences, the total sum at the dis- posal of the Board is greater, rising from £G,G77 in 1879 to Jt'9,562 in 1899. This has, of course, enabled the roads to be kept in better condition than formerly, though there is still room for improvement, especially as regards the secondary roads, which are mainly used by farmers. Progress in various directions, not already indi- P^'ooress. Gated, is shown by the passage of Acts relating to the protection of women and girls,* to the preven- tion of cruelty to animals,! to the prevention of accidents in merchant shipping, t to the regulation of industrial provident societies, § and to the care of ancient monuments. || Under this heading we may also mention the trans- ference of the sittings of the Legislature and of the chief law courts, and the removal of the insular Eecords, to Douglas, and the provision of lifeboats and rocket-brigades for all the towns. Church and Nonconformity. We shall deal very briefly with the history of the - Statutes, vol. v. pp. 503-12. f By the " Seagulls Preservation Act " of 1868, by prevention of the destruction of wild birds and their eggs in 1887, and by the amendment of the " Cruelty to Animals Act " in 1885 and 1895. Ibid. vol. iii. pp. 435-36. Ibid., vol vi. pp. 16-19, 47-9, and 638-39. I Ibid., vol. v. pp. 441-48. § Ibid., vol. vi. pp. 85-94 and 405-32. II Ibid., vol. V. pp. 493-98. 724 HISTOEY OF THE ISLE OF MAN Church and the Nonconformists since 1866. Both have made rapid progress, but, especially in Douglas, it has been, perhaps, rather more marked in the case of the latter than of the former. Church building. Theological School. Incomes of the clergy. Church. Church building has gone on steadily. Not only are there additional churches in the towns of Ramsey and Peel, and new parish churches in Braddan, Bride, and Patrick, while in Douglas, a new and commodious building has taken the place of the old St. Matthew's Church, but such places as Port Erin, Port St. Mary, and Foxdale have been provided with chapels. In 1878, the " Sodor and Man Theological School " was established by Bishop Hill, in con- nexion with King William's College, for the training of candidates for orders in this diocese, so that the design of Bishop Barrow, which the foundation of King William's College had not entirely carried out, might be accomplished. In 1889, the theological school was transferred by Bishop Bardsley to Bishop's Court, under the title of " Bishop Wilson's Theo- logical School," and it has since been affiliated to Durham University. During the last few years, owing to the low price of corn, the incomes of the clergy have been greatly reduced, and, as the cost of living has increased, they are, at present, very inadequately provided for. Efforts have been made to assist them by the establishment of a " Church Sustenta- THE RECENT HISTORY 725 tion Fund," in 1894, through the exertions of Bishop Straton, * and by the re-introduction of the old custom of " Easter offerings." f The bishop has had also to submit to the reduction of his income. By the " Bishops Temporalities Act," in 1878, it was arranged that, if the bishop's income amounted to ±'2,500 or more, he was to pay i^'SOO to trustees to form a fund for the augmentation of benefices, but, if his income were less than i;2,500, he had only to pay as much as it exceeded ^£2,000. As, however, his tithe has been affected in the same way as that of the clergy, there has, latterly, been no surplus available. Among other things indicating Church progress we may mention the issue of a Diocesan Calendar in 1880, and of a Magazine in 1890. A Diocesan conference was held in 1880, and, since 1893, it has been annual. Nonconformity . This, as will be seen from the statistics given in ciuirch . . . , , building. Appendix F, has been a period of activity m church building among the various Nonconformist denomi- nations. The Baptists have become numerous enough to form a distinct congregation, but the Unitarians have disappeared. Among the Wesleyan and Primitive Methodists, in particular, there has ='• By an Act passed in 1895 the Trustees of the Impropriate Fund were made Trustees of this fund {Statutes, vol. vi. pp. 648-55). \ The passage, in 1893, of an Act to facilitate the letting and sale of Glebe Lands has also been advantageous to the clergy {Ihlcl., pp. 545-62). 726 HISTORY OF THE ISLE OF MAN been a great development of open-air services in the country. This period has also been marked by legislation in the direction of giving Nonconformists equal rights with Churchmen. The Civil Begistration Act of 1876 formed regular civil registration districts, where registration is made compulsory ; * and, in 1885, this Act was amended by a provision that the presence of a Registrar is not necessary at a marriage in a registered building.! By the Burials Act of 1881 burials might take place in churchyards without the rites of the Church of England ; I and, in 1899, any burial service, provided it be " Christian," was per- mitted in the mortuary chapels connected with the burial grounds of two of the largest parishes. The good feeling existing between Churchmen and Nonconformists prior to 1866 has, we believe, been fairly well maintained since that date. We can, at least, confidently state that there is a marked absence of the antagonism which still exists in some parts of England. At the present time there are 2,030 members of the Roman Catholic Church in the island, § most of them being of Irish birth or descent. ■■■■ Statutes, vol. ii. pp. 246-43. t Ihid., vol. V. pp. 433-36. I Ibid., pp. 110-127. $ Information from the Rev. Father Walsh. THE EECENT HISTOEY 727 APPENDIX A. ISLE OF MAN RAILWAYS. 10 05 2 ion of G.R. rri-'H a .a o a 0-" iS'-o o ^ o . « a S> Mo > >i

< 2 •X- •sl :?" 3 59,434 "3 ,5* „-3 o a a ■s 1882 £ 770,506 488,139 6,462 51,000 85,526 334,923 £ 146,529 1885 884,586 632,508 7,134 55,900 58,286 91,904 282,189 146,600 1890 1,324,595 844,016 9,960 83,600 54,059 105,000 446,859 289,296 1895 1,942,647 1,088,301 9,752 97,600 51,426 105,000 634,847 328,514 1899§ 2,580,173 1,581,855 10,941 103,800 54,639 105,000 935,676 274,253 THE NUMBER OF COMPANIES AND THEIR CAPITAL REGISTERED IN THE ISLE OF MAN, ALL OF WHICH ARE BELIEVED TO BE CARRYING ON BUSINESS. No. Capital (Paid up). 1892 C7 £995,51.3 1893 71 1,007,120 1894 GG 977,51.3 (approximate) 1895 80 1,08G,111 189G 90 1,157,515 * It should be remembered that the paper currenc}^ of the Isle of Man is fully protected by securities, which are usually first mortgages. The practice is to require securities which are worth 10 per cent, more than the issue. t In 1870, the deposits were £411,000, in 1878, £889,000. The tem- porary falling off after that year was due to the suspension of the Bank of Mona. The " Manx " Bank was established in 1882. I For half-year. § Figures given for " Dumbell's " Bank from June 30th, this Bank having issued no balance sheet on the 31st of December, 1899. Its business has been taken over by " Parr's " Bank. A branch of the " Liverpool Union " Bank was established in Douglas in 1897, and this bank was, in 1900, absorbed in " Lloyd's" Bank. THE RECENT HISTORY 729 APPENDIX B. EEVENUE. Year.* Revenue. f Net Debt.: Year.* Bevenue.t Net Debt.; £ £ £ £ 1867 44,356 • • • 1884 53,527 177,175 1868 45,235 . .• 1885 55,514 187,926 1869 43,603 8,513 1886 55,552 187,279 1870 42,944 46,191 1887 53,482 194,889 1871 43,726 46,978 1888 59,352 184,961 1872 42,787 50,645 ]889 60,988 178,251 1873 41,079 56,631 1890 62,266 191,718 1874 43,166 69,834 1891 63,825 206,471 1875 42,347 95,773 1892 72,255 202,221 1876 45,807 113,386 1893 72,302 209,560 1877 47,357 111,504 1894 73,429 219,531 1878 47,629 115,572 1895 71,733 205,058 1879 52,557 121,862 1896 72,752 208,576 1880 49,906 140,119 1897 77,287 201,085 1881 52,538 132,558 1898 77,005 193,473 1882 51,058 135,797 1899 78,121 187,754 1883 51,613 163,350 1900 82,485 186,322 QUANTITIES OF GOODS IMPORTED PAYING DUTY. (Chief Articles only.) 1867. 1880. 1885. 1890. 1895. 1900. British Spirits ... Rum Galls. 26,993 32,650 2,447 5,839 18,498 Barrels. lbs. 236,358 50,277 76,656 Galls. 47,311 26,200 2,400 6,099 21,679 Barrels. 5,739 lbs. 286,303 45,391 84,756 Galls. 55,609 24,400 1,.551 5,279 20,771 Barrels. 8,516 lbs. 326,376 48,813 91,897 Galls. 48,510 17,106 3,443 4,844 17,026 Barrels. 13,606 lbs. 353,230a 52,342 105,3066 Galls. 54,822 15,.535 2,615 4,189 17,414c Barrels. 11,884 lbs. 36,4i3§ Galls. 58,445 14,057 Geneva 1,939 Brandy 4,233 Wine Beer (English) ... Beer (Blanx) Tea Barrels. 15,019 / Blalt— 1 29,173 Bushs. 1 Sugar— (238,628 lbs. Coffee Tobacco (a) The consumption of tea in and after 1691 can only be approxi- mately estimated under the new arrangement, (h) The same applies to tobacco in and after 1892, and (c) to wine in and after 1896. * The financial year ends on the 31st of March, t Gross ordinary revenue. X I.e., the excess of debt over balances. In 1867, the balances exceeded the debt by £13,559, and, in 1868, by £13,266. § As, after 1895, owing to the new arrangement (see Appendix C), no 730 HISTOEY OP THE ISLE OF MAN REVENUE FROM DUTIES ON IMPORTED GOODS. Spirits Wine Tobacco and Cigars... Beer and Malt Tea Coifee and Chicory ... Allowance on Duty Paid Goods Im- ported Other Goods 1870. 1875. 1880. 1885. 1890. 1895. £ £ £ £ .e £ 23,.305 26,182 27,448 28,548 31,367 32,729 1,382 1,41.5 1,425 1,272 948 935 9,289 9,022 10,074 11,477 12,674 19,680 1,080 3,363 3,961 5,231 4,930 3,888 4,060 4,399 5,019 5,168 6,671 ... 162 173 117 82 ... 674 2,800 3,405 383 1900. £ 48,199 2,985 18,794 7",991 262 APPENDIX C. ARRANGEMENT OF CUSTOMS DUTIES BY GOVERNOR WALPOLE. The most notable was with regard to the tea and tobacco duties. In 1878, there was a loss on English duty-paid goods, chiefly tea and tobacco, of over j62,000 annually. In 1880, after the settlement of the Port Erin question, compensation, in lieu of this, was received from the English Government annually. This, by 1890, had gradually increased to dG3,400, when the reduction of the duty on tea in England had led to a largely increased importation of English duty-paid tea to the island, and, consequently, to a heavy loss to the Manx revenue. The governor therefore made an arrangement by which the whole of the duties paid on tea in the Isle of Man were to be paid into the Imperial Exchequer. This being done, an arrangement was made which was based on an average consumption of 6'35 lbs. per head of tea in the Isle of Man and 5 lbs. per head in the United Kingdom.''^ In 1892, when the Manx duty on tobacco was levelled up to what it was in the United Kingdom, a similar arrangement was made with it, as it had been found that during the previous ten years the imported duty-paid tobacco had increased 90 per cent., while that which paid duty in the island had increased 20 per cent, only, and, moreover, account was kept at the Cu.stom House of the quantities of Imperial duty paid spirits, coffee, or chicory entering the island, no return as to the latter two can be made, while the figures relating to spirits show less than the quantity actually consumed in the island. * This is annually corrected by the average consumption iu the United Kingdom, i.e., if the consumption there should increase the insular i-eveuue receives a proportionate amount and vice versa. THE EECENT HISTORY 731 there was considerable difficulty in estimating the duty on the former. In this case the consumption of tobacco in the United Kingdom was taken at 1'55 lbs. per head and in the Isle of Man at 2'08 a head.-- Tiie result of these arrangements was a large increase in the revenue. The negotiation of the loans of 1883 and 1889, by which a number of small loans at comparatively high rates of interest were paid off, also led to a reduction of insular expenditure. The former was for ^£230,000, at 3^ per cent, for 45 years, which was taken at 96. This costs £4 3s. Id. per cent, on account of interest and sinking fund, and the latter was for jE100,000, at 3 per cent, for 30 years, which was taken at 95. This costs JE4 10s. 2d. per cent, for interest and sinking fund. A com- parison of the rates for these two loans is a striking proof of the improving credit of the island. A small gain to the revenue was also obtained by the passage of the " Public Offices Fees Act" f in 1888 by which all fees payable in public offices were to be paid in stamps instead of money, if so ordered by the governor. APPENDIX D. DUTIES ON IMPORTED GOODS. 1866. 1883. 1896. 1900. British spii-itspergal. 6s. 8s. 6d. 9s. 10s. Bum 6s. 8s. 6d. 9s. 10s. Foreign Brandy 8s.) „ „, - ,„ Geneva 8s.; ^^- '^^^ ^s- ^°^- Tea per lb 4d. 4d. 4d. 6d. Coffee per lb 4d. Id. Id. Id. Tobacco, unmanu- factured 2s. 6d. 3s. -Id. to 3s. 6d.: 3s. 2d. to 3s. 6d.t 3s. to 3s. Id.: Wine, below 26 per Not exceeding cent, proof 8d. 8d. 30 per cent., Is. Is. Wine, above 26 per Between 30 p. c. cent, proof Is. 8d. Is. 8d. & 42 p.c, 2s. 6d. 2s. 6d. Sugar 3s. § Corn, per qr Is. II Beer,Imported,per 36 galls 2s. tolls. 6d. 2s. 6d. to lis. 6d. 5s. 6d.*I Do. Manx do. ... is. 6d. to 10s. 6d. is. 6d. to 10s. 6d. 4s. 6d.1I For each bushel of malt and 28 lbs. of sugar used in brewing Is. 6d. Is. 6d. 2s. * The same arrangemeut as to average was also made (see note *, p. 730). I Statutes, vol. vi. pp. 50-4. ; According to the amount of moisture. § Abolished in 1874. || Abolished in 1870. If When the worts before fermentation were of a specflic gravity of 1,055 degrees and so on in proportion, adding for increase and deduct- ing for decrease in gravity. 732 HISTOEY OF THE ISLE OF MAN APPENDIX E. LOCAL EXPENDITUKE AND DEBT. Expenditure. Debts. 1880. 1885. £ 1890. 1895. £ 1900. 1880. 1885. £ 1890. £ 1895. £ £ £ £ Towns* 13,634 18,634 51,255 72,591 45,201 43,447 64,934 370,353 Lunatics ... 5,604 7,603 5,325 6,497 6,509 925 2,433 Highways... 7,599 6,820+ 7,8381 8,642 8,710 169 3,325 2,580 1,060 Education .. 10,142 12,825 18,623 23,586 4,10711 9,30911 16,180 24,891 Poor Relief 3,902 4,590 1,643 Cattle ) Diseases 1 81 Prevention Total 36,979 45,882 86,442 115,987 ! ' 50,402 58,514 116,937 396,304 RATES LEVIED FOR LOCAL EXPENDITURE. Towns Lunatics Highways Education Poor Relief Cattle Diseases Prevention Total 1880. 1885. £ £ 5,552 7,291 4,384 3,978 2,258 2,110 2,716 8,351 14,910 16,730 1890. £ 18,159 3,874 2,166 4,280 4.561 33,040 1895. £ 18,590 4,535 2,265 5,427 3,146 255 34,218 * Including Port Erin and Port St. Mary. + In 1883 the charge of the roads, lighting, and drainage of Peel and Castletown was transferred from the Highway Board to the Town Commissioners. I The management of Port St. Mary was vested in Commissioners. II Debt of School Boards. THE RECENT HISTORY 733 APPENDIX F. NONCONFORMIST CHURCHES/'' Ministers Local Preachers Members Sunday School Scholars ,, ,, Teachers Chapels Sittings Average Congregation .. Communicants Methodists • u Ph 2 265 23 2 323t 227 •^ a I a 8 2 390 "2 720 270 Wesleyan. 6 a d 12 173 2,849 5,,523 1,118 71 14,815 9,800 1 7 124 1,200 "39 8,300 5,000 2 7 118 218 36 2 650 270 130 i 350 200 50 * Information from Mr. t Sittings let. J. E. Douglas. VOL. II. 48 BOOK VI CONSTITUTIONAL HISTOBY 735 i CHAPTER I THE CIVIL CONSTITUTION § 1. From 1405-1765 TN our first Book we have endeavoured to indicate -'■■ the changes through which the Manx Constitu- tion passed before the fifteenth century. There was, first, the Celtic system, according to which the king consulted his chiefs and then declared his decisions to the whole assembly of the freemen, whose assent thereto seems to have been merely a matter of form. Then came the freer system of the Norsemen, under which a selected body from among the freemen was also consulted, and no judgment was valid without, not only their consent, but that of the whole body of freemen. And, finally, after 1265, came the degradation of the freemen councillors, or Keys, into tenants-at-will, who were only summoned when the king, or his officers, desired an opinion on points of law. Beyond this they seem to have had but little share in deciding the questions at issue. Such, then, appears to have been the constitutional position when the Stanleys succeeded to what was practically 737 738 HISTOEY OF THE ISLE OF MAN despotic power. They were represented by a gover- nor, with a few officials, for administrative purposes. There was, as yet, no legislation in the modern sense, and no written law.* Position of the Let US first considcr the position of the Lords of Lords of the ■■- ^^^^- the Isle.f They obtained their authority by a grant from King Henry IV., in the seventh year of his reign, to Sir John de Stanley, his heirs and assigns, under which they held the Isle of Man by homage and the service of rendering two falcons to the Kings of England at their coronation.! They possessed the prerogatives, and, till 1460, § assumed the title of royalty, the Isle of Man being a fief, separate from the English Kingdom, but dependent on the English Crown. II The Lords of the Isle were, in ''•■ "And as to the writeing of laws there was never any written since King Orryes Days, but in the time of Michael Blundell [? 1406] that we have knowledge of " (statement of deemsters and others in 1422. Statutes, vol. i. p. 11). f Owing to the meagre information available at the begmning of this period, the account of the constitutional system, which we will endeavour to trace in the following pages, belongs rather to the later than the earlier part of it. I " Rot. Litt. Pat. 7 Henry IV." (1406) {Manx Soc, vol. vii. pp. 235-246). This was confirmed by letters patent of 7 James I. (See Ibid., pp. 99-113). § I.e., when Thomas II., the first earl, succeeded and took the title of "lord," instead of "king." The seventh earl says that he did not know whether this was " of modesty or policy " (Derby, Manx Soc, vol. iii. p. 6). II The question of whether or not the English Parliament had the right to legislate for the Isle of Man was decided in 1523, when it arose on the claim of Ann, widow of Thomas III., second Earl of Derby, for dower in the island. The claim was referred to the English judges, who pronounced against the duchess, deciding that a general Act of Parliament does not THE CIVIL CONSTITUTION 739 fact, feudatory princes with sovereign powers, and, as such, they estabhshed laws, they appointed the principal ojBicers ; they had the patronage of the bishopric, and, originally, of all the ecclesiastical benefices. They had the right to summon and Their powers _ " and privileges. adjourn or dismiss the Tjmwald Court, Council and Keys, to hold courts, to exercise appellate jurisdic- tion over all civil causes, to pronounce the sentence of death and to pardon those so sentenced. They were absolute lords of the soil, and immediate land- lords of every man's estate, except in the case of a few barons.* They had the first claim to the services of every stranger coming to the country, the first choice of any imported merchandize, and the right, subject to the consent of Tynwald,f to impose customs and other imposts on imports and exports. All treasures found, all wrecks, waifs and strays, cattle and horses over two years old belonging to felons, I and their sheep over one year old, all extend to the Isle of Man, which is no part of the realm of England, but that if the island is specially named in the Act, it does extend to it. (Coke's Institutes, c. 69. For a full discus- sion of this question see Gcll, Manx Soc, vol. xii. pp. 34 and 154-5). Parliament has on a few occasions, apart from the brief period under Elizabeth and James I., when the direct rule of the Crown was resumed, availed itself of this power, by passing laws which affected the island. - See pp. 871-2. f Till the seventeenth century at least they seem to have invariably exercised this right without consulting Tynwald (see pp. 768-9 and after it they occasionally did so). I Their goats were the property of the Queen of Man. The cattle and horses under two years old and the sheep under one year old went to the coroner (titatuics, vol. i. p. 25). 740 HISTOEY OF THE ISLE OF MAN Powers of the lieutenant, captain or governor. porpoises, sturgeons and whales, caught on the coasts of the island were their property, and they had the sole right of sport in the royal forest or waste.* But the lords were rarely on the island, and there- fore had to provide a substitute, who was, till 1639, usually styled either "Lieutenant" or "Captain," and, after that date, "Governor."! He was the lord's representative, and it was ordained that who- soever "offendeth to him" should " be punished as they that offend to the lord." I He exercised most of the prerogatives of the lord, § and his office was not superseded or suspended by the presence of the lord in the island. To guard against any partiality or misgovernment on his part, it was provided that he should be guided by the advice of the Council - For fuU details see Statutes, vol. i. pp. 8, 9, 13, 22, 25, 27, 54, 57, 58, 60. f For list of governors see Supplement. The deputj^-governor, when there was one, was styled "Deputy," or "Deputy-Lieu- tenant." The title " Governor " was first used in 1596, but did not become usual till 1639, after which year it, with occasionally special additional titles (see appointments in 1702, 1713, 1718, and between 1736 and 1793), is almost always used till it ceased with the death of the Duke of Atholl in 1830. Sir James Gell states (see " The Titles and Powers of Governors of the Island," a pamphlet printed in 1885, for full information on this question) that the special titles do not give any powers beyond those of governor, which in itself confers full powers, civil and military. Between 1639 and 1773 a deputy-governor, whether permanently or temporarily appointed, was so styled ; but, after 1773, a temporary governor only was so styled, the permanently ap- pointed governor, whether subordinate to another governor, as till 1830, or not, as after that date, bebig called " Lieutenant- Governor." \ Statutes, vol. i. p. 5. § Among these was that of granting customary estates out of the wastes and demesnes of the island (see ch. vii.) THE CIVIL CONSTITUTION 741 and the deemsters.* He had the right of con- voking and presiding over the Tynwald Court, as well as of the Legislative and Executive Council, and of summoning the Keys, and it is probable that, during the earlier part of this period at least, he alone could adjourn the sittings of the Keys, as well as those of the Tynwald Court and Council. He also had the right of presiding in all the principal courts of judicature, which could only be held by his warrant. Whenever a vacancy happened in any of the superior offices, the governor nominated a person to fill the place until a successor was ap- pointed by the lord ; all inferior offices were entirely at his disposal, and he occasionally appointed a deputy-governor, who, in his absence, was invested with all his powers and privileges, f He had also the command of all the military forces of the island, and, as such, was responsible for the preservation of order, t The governor was assisted by the household officers, whose designations and functions are as follows : There was, first, the comptroller, who had the superintendence of the lord's revenues and comptroller. household. He audited the receipts and disburse- ments of the receiver and water-bailiff and rendered accounts of them to the lord. In his judicial character he took cognizance of all offences com- mitted within the household and garrisons, and, '■'''■ Statutes, vol. i. p. 13. f "Constitution" {Manx Soc, vol. xxxi. p. 53; and Parr's MS.) I For his oath of office and that of the other chief officers see Appendix A. The 742 HISTORY OF THE ISLE OF MAN The clerk of the rolls. The receiver. The water- bailiff. seemingly as a military officer, he had to call the soldiers to muster-.* As clerk of the rolls, which office was, prior to the Revestment, generally united with that of comptroller, he kept the Eecords,t entered the minutes of the pleas and proceedings in the civil and criminal courts, both of the lord and of the barons, and issued copies thereof, which were to be received as evidence. He also made extracts annually from the Records of the preceding year of the fines due, and delivered them to the coroners, to be levied and paid according to the governor's order. He and the receiver, or receivers, had the management of the lord's household and the victualling of both the households and the garrisons. The receiver had, with the advice of the governor and other officers, to attend to the repairs of the castles. He also, through the water-bailiff and the coroners and moars, received, and, in the presence of the governor and comptroller, deposited in the treasury chest all the lord's revenues, out of which he paid the salaries and all other disbursements, subject to the check of the comptroller and the audit court. The water-bailiff, or collector,! had the charge -'■ Statutes, vol. i. p. 19. For his duties in connexion wifch trade see Book II., eh. iv. § 2. f These Eecords were "to be enrolled in parchment every year once, and the same so enrolled, to be sent over to the Lord his auditt, and the auditors hand to be putt to the same, and then to be conveyed over again, and laid amongst other of the Records" {Ibid., p. 37). I Called at drst the "Customer" (see p. 307). THE CIVIL CONSTITUTION 743 of collecting whatever accrued to the lord by customs duties, or by any means whatever below full sea-mark. To enable him to do this, he had a deputy in each port. He held a court, called the "Admiralty Court," which had full jurisdiction in all maritime affairs between high-water mark and three leagues from the shore. * The remaining household officer was the attorney- ^he attorncy- o J general. general, whose duty was to conduct all suits and prosecutions on behalf of the lord, to guard against any infringement of his rights and prerogatives, and to undertake the causes of widows and orphans. He also advised the governor on all matters of law which were not under his judicial cognizance. For all these officers a table was, till 1730, kept at the castles of Kushen and Peel.f The primary duty, then, of the comptroller, receiver and water-bailiff t was to collect and account for the lord's revenue and to manage his property to the best advantage, and, in addition to this, they, or some of them, under the presidency of the governor, with, occasionally, the spiritual officers, § formed the lord's Executive Council. When they acted in this capacity, the '■''■ For his duties in connexion with the fisheries see Boolv VIII., ch. ii. p. 943; see also Book II., eh. iv. § 2. f For their allowances see Statutes, vol. i. p. 32, and for full particulars concerning them Ibid., pp. 12-19, 37, 75-6, and Manx Soc, vol. xxxi. pp. 3.5, 41, 44, 54, 55. I It is curious that, prior to the Revestmcnt, the water- bailiff's oath did not contain any words referring expressly to his position as councillor, since he was undoubtedly a member of the executive (see Appendix A). § See Book VI., ch. ii. pp. 844-5. 744 HISTOEY OF THE ISLE OF MAN governor had a right to summon as many of them as he thought fit, provided that there were two at least. Tlie spiritual officers, however, and, at first, the deemsters, were seldom summoned, so that the whole executive business of the country was con- ducted by the governor and the household officers. * The deemsters. The dccmstcrs, whoso officc lias been already referred to, were in quite a different position from the household officers, they being the people's officials, and, as late as 1577, according to Bishop and Governor Meryck, they were elected by the people "from amongst themselves."! They were looked upon as being, with the twenty-four Keys, the repositories of the customs and traditions which constituted the common law, 1 and their opinions upon them were considered as authoritative. They sat as judges in the superior courts, and they also determined " all controversies without writings and expense; "§ "for," says Meryck, "every ••- The following order, in 1561, shows that the Council were expected to perform executive duties : " The Captain, Receivers, Cleark of the Rolls, and Water Bayliffe, once in a month at least, to be in the Exchequer, att the Castle of Rushen, in Mann, or so many of them as shall be witliin the Isle ; and there to consult of my Lord his causes and affairs of the said Isle, for the Commonwealth's well Governance, and well keeping of the said Isle and Houses " (Statutes, vol. i. p. 37). There are also numerous cases to be found in the Statutes where indivi- dual members of the Council are expressly named to carry out specific duties. f Cott. MS. (Manx Soc, vol. iv. pp. 95-6). They also received a commission from the lord. I See p. 747. § Cott. MS. (Manx Soc, vol. iv. p. 95). THE CIVIL CONSTITUTION 745 magistrate takes up a stone* and, having signed it, gives it over to the plaintiff, by which act he cites before him the defendant and the witnesses."! They were members of the Council in its judicial and legislative capacities, but not, as a rule, in its executive capacity till the seventeenth century, though there is an instance of their being summoned for executive business in 15614 Tokens that their position was distinct from that of the other officers remain in the facts that their oath on taking office contains no allusion to their duties as members of the Council, § and that, to this day, they sign Acts of Tynwald, &c., in a different part of the sheet for signatures from that in which the rest of the Council sign, and that their assent to each statute is separately stated in the preamble.il The towns ''•' This was called their " token." According to customary law, " the Deemsters have been antiently accustomed to receive the fee of 2d. from any person that they grant their Token unto for any manner of cause. . . . And in lieu thereof the Deemsters were then to send out a number of people called a (sic) Bonnack to receive a certain custom from the Tenants such as they pleased to give in respect of the said fees at hallo^\'-tide and thereupon the tenants to receive their tokens gratis for that and if any refused to pay such custom to the Bonnack they were to cut three ropes of his house over the door whereby he might be known to have refused the Deemsters' custom, and the Bonnack presenting this to the Deemsters respectively with the person's name, they were not to grant their tokens to such without the fee for the year, which customs now of late [i.e., at the end of the scventeentli century] liave been taken up by the Lockman of every parish witliin the precincts of each Deemster's liberties" (Parr's MS.). i Cott. MS. Translation {Manx Soc, vol. iv. p. 96). \ See Lib. Scacr. $ See App. A. II Thus : " The Governor, Council, Deemsters, and Keys." 746 HISTORY OF THE ISLE OF MAN The captains of towns. The coroner. The lockman. The moar. The runner. were governed by captains, who not only commanded the garrisons, but were also civil governors, exercising executive, and, in small matters, judicial authority. Subordinate to these officials, who were commis- sioned by the lord, were the coroners, lockmen and moars, who derived their authority from the governor. There is a coroner in every sheading, who served summonses and other processes, returned juries, and levied fines and executions, as directed by any of the courts or judges. He took inquests of deaths,* and attended most of the juries and inquests impanelled by direction of the deemsters or the superior courts. A lockman is appointed for each parish, and acts as deputy or assistant to the coroner. There is also a moar in each parish. This office is obligatory on the proprietors of land, and falls in rotation on each quarterland and on the intacks within each parish. In addition to collecting the lords' rents and alienation fines, these officers were, till 1765, servants of some of the courts, each of them having a deputy, called a runner, t The coroners, lockmen, moars and runners t held their offices for one year only. The deemsters are said to have claimed that no Act of Tynwald is vahd unless signed by one of them, but the claim is manifestly an absurd one, because it would give one individual, in a subordinate capacity, the power of veto. * This duty has since been undertaken by the high-bailiffs. f Statutes, vol. i. pp. 4, 5, 7, 14, 15, 26, 49-51, for full information about these officers. I They were done away with after 1765. THE CIVIL CONSTITUTION 747 Having: thus stated what the Manx Executive The Manx *^ Judicature. consisted of, let us now describe the Judicature. It was part of the duty of the household officers * to preserve peace and order among the people by determining differences and punishing outrages and crimes. For these purposes they, or some of them, sat as the governor's assessors, he being the sole judge, forming a court, probably known by the name, which still survives, of " The Staff of Govern- QovJvnmfnM ment." f When, however, " greate matters and high points" were "in doubt," ^ they called in the deemsters, spiritual officers, and Keys, or elders of the land, to assist them with their advice, and the court thus formed was called the Tynwald Court, J^^^.p''''^^^'' which, in accordance with ancient custom, met twice in the year.t But, generally speaking, except on such occasions, and in such comparatively trifling matters as came before the deemsters and water-bailiff, the household officers seem to have had a universal jurisdiction. After a time, it became convenient to establish several courts, instead of one only, but these courts were really only different names for the same court acting in different situa- tions and upon different subjects. In its capacity '^^°9°"q°\ as the superior court of criminal judicature it is Delivery, called the " Court of General Gaol Delivery." In * Except the attorncy-gGncral. I At a later date it became the appellate court from inferior courts, and exercised jurisdiction similar to that of the superior courts in England in matters of prohibition, mandamus, habeas corpus, quo warranto, &c. \ Statutes, vol. i. p. 11. Its 748 HISTOEY OF THE ISLE OF MAN it sat the governor,* with the household officers, and the deemsters, and, occasionally, the spiritual officers* and the Keys. After 1601, however, the Keys became regular members of it, and so it was practically the Tynwald Court under another name. The duties of the Keys in this court were " to assist the Deemsters in doubtful points of law, and to pass upon and try the jury of life and death if they be found to degress from their evidence and bring in a erroneous verdict." t They had, in fact, to give authoritative information on any legal question which might arise, and also to animadvert on any proceedings. default or misconduct of the jury. | The proceedings of this court were sometimes by indictments, § but were more usually commenced by presentments on the verdict of a jury in writing. For making these presentments there were various inquests, some of them being under the direction of the supreme -''■ The governor still sits in it. (For its composition at the present day see pp. 801-2.) f Lib. Placif., 1601. If the Keys found the jury guilty, the court had " to fine and punish them, and enter a record thereupon to declare them incapable to pass on any jury for ever afterwards." I This power bears some analogy to the proceedings under a writ of attaint, and, as we shall see, it was sometimes abused in Man, as in England. See "Constitution" {Manx Soc, vol. xxxi. p. 101). There was also an appeal to them in cases concerning land (Parr's MS., quoting Lib. Scacc, 1621, and Lib. Placit., 1639). § Our account of the Insular Civil Courts is an abstract from that in the " Constitution of the Isle of Man " (Manx Soc, vol. xxxi.), which is a copy of the summary made by the Commissioners, in 1791. This summary was founded on the evidence then given before them by the insular legal officers. THE CIVIL CONSTITUTION 749 courts, or the deemsters, others being impanelled and attended by the coroners only. When felony was suspected, a jury of six was summoned by the coroner.* This jury was under the direction of the deemster, and returned its verdict to him. If it acquitted the accused, there was an end of the case. If the offence was found to be a misdemeanour,! it presented the offender to suffer such punishment as the governor in Council might adjudge. If it presented him for felony, a further trial before a jury of twelve I took place in the presence of the court. The prosecution was conducted by the attorney-general, and, when the jury had considered their verdict, one of the deemsters asked their foreman : " Vod y fer- carree soie 1 " (May the chancel-man sit ?) If he answered, " Cha vod" (He cannot), the spiritual officers retired, and a verdict of guilty was given ; but, if the answer was "Fod" (He may), they remained, and a verdict of not guilty was given. In the former event, one of the deemsters pronounced sentence, but it was not carried out till the lord had seen the evidence. This court was held in the gate- way of Castle Kushen, twice in the year, in the months of May and October. § * They were summoned either upon what was called a hand- suit, a species of bond or recognizance from a prosecutor, or by precept from one of the Deemsters or the Governor. f As in thefts under the value of 6Jd. The jury, as a rule, took care to assess the value of the stolen article under this amount. I To supply this jury 68 men were impanelled by a return by the coroners of four men from each of the seventeen parishes ; out of this number the prisoner might select twelve. § Before 1580, the proceedings in all the courts were recorded VOL. II. 49 750 HISTORY OP THE ISLE OF MAN The Chancery Court. The Court of Exchequer. The Common Law Courts. The Courts of Civil Jurisdiction were the Chancery, the Exchequer, the Common Law, and the Manorial or Sheading. The Chancery Court, which was first established, as a distinct court, in 1580,* had a mixed jurisdiction in both law and equity, though it was more frequently resorted to in the latter than in the former capacity. In it, as in the other courts referred to, the governor presided, assisted by the deemsters and such members of the Council as he thought fit to summon. The questions before it were usually decided without a jury, but, if the governor thought a jury was required, he ordered one to be impanelled which conducted the enquiry out of court and returned its verdict to him. This court sat once every month, except January, May, September and October, and, occasionally, at other times. The Court of Exchequer took cognizance of all disputes and offences relating to the lord's revenue, rights or prerogatives. It also exercised a criminal jurisdiction over misdemeanours and all actions which subjected the offender to the payment of a fine to the lord. Like the Chancery Court, it called in the aid of a jury only in exceptional cases. The Common Law Courts were held in the different sheadings in the months of May and October.! In in loose rolls called Rotuli. For a description of the different Kecords see p. 791. -''■ This court " is said to have had its origin in the power of granting arrests of the person and effects, which, in civil cases, belonged to the governor alone." " Constitution " {Manx Soc, vol. xxxi. p. 34). f The form of " fencing " these Courts was as follows : THE CIVIL CONSTITUTION 751 them were tried all kinds of actions between subject and subject, whether real or personal. They, in fact, correspond with the Court of Common Pleas in England. The trials were by jury, which, in the case of real actions, consisted of six men of the sheading in which the lands in dispute lay, and, in personal actions, of four men belonging to the parish where the defendant lived. The verdicts of these juries were accompanied by an account of the evidence, in writing, which was recorded by the court, and, if the parties thereto acquiesced, an order was given for carrying the verdict into execution. But, if either party felt aggrieved by the verdict, he might, on application to the clerk of the rolls within a limited time, and on entering into a recognizance, traverse it and obtain a new trial of the case by another jury, consisting of 12 in real and of 6 in personal actions, which had to determine the question in accordance with the evidence previously taken. If the second verdict was not satisfactory, " I doe fence the king of Man and his officers, that noe manner of man do brawle or quarrell, nor mollest the Audience, lying, leaning, or sitting, and to show then: accord, and answer when they are called, by lycense of the king of Man and his officers. I doe draw witness to the whole audience that the court is fenced." This fencing was done by the moar of the parish wherein the court sat. In the words of the Statute; " It is the king of Man his pleasure and his officers to keep court twice in the year, that all men, both rich and poor, deafe and dumbe, halt, lame and blind, to come thither upon horse- back, or on foot, to be drawne thither upon horse or carr, that they may know the king of Man his pleasure and his officers, and the law of his Country" {Statutes, vol. i. pp. 52-3). 752 HISTORY OF THE ISLE OP MAN another traverse was allowed to the Keys, who * might either affirm, reverse, or alter the verdict before them, and, if they found sufficient reason, might condemn the former jurors to be fined, t These courts are also said to have taken cog- nizance of assaults, called " blood-wdpes." I When the business of the Common Law Courts was T^^^ianoriai finished, its judges sat as a Manorial court, which was held for the same districts as the Common Law * Prior to 1690 there seems to have been a still further traverse before it came to the Keys. See note f . t Various pomts connected with the judicial position of the Keys will be referred to when we discuss them more particularly. According to Deemster Parr (MS.), " It was antiently accustomed that, when any case was traversed imto the 24 Keys, it should be first tried by six of them, and from 6 to 12, and from 12 to the full body. . . . But now [circa 1690] when such matters are moved from a traverse jmy, they are brought to the whole body of the 24 Keys immediately, the judgment of whose major part or of all jointly doth ultimate the same." For, he says, they are " the nltimum refugium of the common law," except- ing only in cases when " the Lord or the Governor grant a re-hearing by special commission or reference." \ Correctly "blood-wites," or compensation for blood shed. Deemster Parr's description of the procedure in such cases is as follows: " If any man happen to draw blood in any way or manner upon another man or woman the party so offended is forth"\\ith to repair to the Moar of the Parish and shew him the blood so drawn upon him, which the Moar is, after due summons given the Sunday before the Court day at the Church cross for all persons presented unto him to be and appear at the said Court to answer for themselves, to declare the same unto the Com^, whereupon a jury is impannelled who are to call the defenders before them either to clear themselves from the drawing of the blood, or else to stand guilty which if they be found to be, they are amerced, if it be a man 12d. if a woman 6d. to the Lord, besides an accustomed fee to the Coroner of 6d. more, also 6d. to the Moar, and 4d. to the porter THE CIVIL CONSTITUTION 753 Courts. In the Manorial court there was kept a registry of the names and titles of the lord's tenants, and, upon every change of tenant, whether by death or alienation, the name of the new one was entered and that of the other withdrawn, upon the present- ment of a jmy, called the Setting Quest,* which consists of four of the lord's tenants. One of these juries is appointed for each parish. Another jury connected with the Manorial court The Great "* '' , Enqucst. was the "Great Enquest," which was composed of twelve men returned by the coroner from each of the six sheadings. These men attended at the courts for the sheadings to which they belong, where one of the deemsters administers the oath to them and delivers the charge specifying their duty, which was to make enquiry if there be any its duties, outlaws, if the petty officers executed their duty, if the craftsmen did their work properly, if any cattle were exported without licence, if any take hawks or herons or their Eggs, if any Pedlars or Chapmen are in the country without cause shewn, if any hunt in the Lord's Forest, if any set fire to the ling, gorse, or turf, if any leave their fell ditch or lidgate open, if any take the Lord's wreck, if any harbour a felon, if the Coroners neglect their of the Garison of that part of the Island that such present- ments are made. But if the party that is presented for such blood-wipes come and pay the Lord's due upon the Court table, before any jury be sworn, he is to be freed from the said accus- tomed fees thereby, as is sometimes practised " (MS.). '•= For a full description of the duties of this jury, the Manorial court and its llccords, sec Book VII. 754 HISTOEY OF THE ISLE OF MAN duty in casting scabbed horses or mares down the nearest "hough" (or cHff by the sea), if any trespasses are done, and to present or summon the wrong-doers GrlatEn°uest *° ^^^ court. * The Great Enquest, subject to the approval of a Second Great Enquest, which was, seemingly, selected in the same way, and was of similar composition, had also by custom the power of deciding disputes concerning ways, water-courses, boundaries, t &c., and this was confirmed by statute in 1737, when an appeal to a " Long," or Grand, Jury of twenty-four was also provided. | In 1753, the reference to the second Great En- quest was abolished, and, besides the appeal to the Jury "^'"^^ " Long Jury," there was provided a further traverse to the Keys, who were to present the " Long Jury," if they acted partially. § These Great Enquests were on duty for six months, and returned their verdicts and presentments to the deemsters as often as required, or to the Court of General Gaol De- livery at the end of their term of office. || * Statutes, vol. i. p. 53. f In 1665, the Great Enquest had the duty of presentmg those who neglected to make up their fences both in winter and summer imposed upon it {Ihid., p. 126). I Statutes, vol. i. p. 217. § Ibid., pp. 268-9. II The following juries also exist in the island: The Trespass Jury (Statutes, vol. i. pp. 57, 127-8, 134, 177), which was sum- moned by one of the deemsters out of the parish in which the trespass was committed. They viewed the damages and took evidence, and then handed in their verdict to the deemster in open court. This verdict was traversable to a jury of aix, which tried tlie case under the direction of the deemster. Of the same nature were the Juries of Enquiry, which, when any- thing was lost, endeavoured to discover it and the person who THE CIVIL CONSTITUTION 755 Similar to the Common Law and Manorial courts The courts of tne baronies. were the courts of the baronies of the Bishop, of Eushen Abbey, of Bangor and Sabhal, and of St. Trinian's, but their jurisdiction, except as regards manorial matters, seems to have become obsolete long before the expiration of this period. They were conducted either by their proprietors or their stewards, with the assistance of one of the deemsters and the comptroller and clerk of the rolls, the at- torney-general being there to guard the interests of the lord. " These courts seem," say the commis- sioners of 1791, " to have exercized an authority in their several districts, equal to the whole of that pos- sessed by the Common Law and Sheading Courts " * in all actions where the defendants lived in the baronies, unless they were also tenants of the Lord of the Isle. They had also their Courts of Criminal Judicature, where all felonies committed by the baronial tenants were tried by a jury of twelve selected from their fellows, in the same way as felonies were tried in the Court of General Gaol Delivery. In the case of the bishop's barony, and, before the Keformation, in that of the Abbot of Rushen, the steward might claim that a tenant had taken it. Fodder Juries {Statutes, vol. i. pp. 138, 146, 252, 279) were impanelled by the coroners yearly in each parish to present those who kept more live stock than they had pas- turage for in the summer and fodder in the winter, while Yarding or Servants' Juries {ibid., pp. 109, 120, 122-3) put vagrant servants to work. * "Constitution" {Manx Soc, vol. xxxi. p. 41). The traverses from the Baron's courts were the same as from these courts. 756 HISTORY OP THE ISLE OF MAN should be tried in the baronial court, even though he had been already indicted and arraigned by the Court of General Gaol Delivery.* coui^s^^'^^^*^^^ Besides the courts already referred to, there were the two Deemsters' Courts which had a general jurisdiction, one in the southern and the other in the northern district.! They had power to decide all causes summarily, without the intervention of a jury, in accordance with the traditional unwritten laws of the island. In civil cases they possessed a concurrent jurisdiction with the Common Law Courts in all actions where a trial by jury or before a higher authority was not desired by the parties nor ordered by the Governor. The deemsters might also, in the same way, take cognizance of criminal cases in which any specific fine or penalty is directed by statute ; further, in both civil and criminal matters where juries were required, but prompt redress was necessary, they could impanel juries, receive their verdicts, and, if the damage or '■^' In case of conviction his lands were forfeited to the baron, but his goods and person were at the lord's disposal (Wilson, Manx Soc, vol. xviii. p. 107). f The jurisdiction of the two deemsters is identical, and they may, in case of necessity, act in each other's districts. Till 1796, the southern district consisted of the parishes of German and Patrick (Glenfaba Sheading), Braddan, Santon, Marown (Middle Sheading), Malew, Eushen and Arbory (Rushen Sheading) ; and the northern district, of Conchan, Lonan and Maughold (Garff Sheading), Ballaugh, Michael and Jurby (Michael Sheading), and Lezayre, Andreas and Bride (Ayre Sheading). After that date Conchan was added to the southern district and Middle Sheading, Marown being placed in Glenfaba Sheading. THE CIVIL CONSTITUTION 757 penalty was thereby precisely ascertained, order the payment of the one, or inflict the other. In the event of non-comphance with such order, the dis- obedient party was either fined by the governor in Council or tried in the Court of General Gaol Delivery.* In civil cases an appeal lay from the decision of these courts to the governor in Council, provided that it was presented within twenty-one days and accepted by the deemster, and there was a further appeal from them to the lord. The Deemsters' Courts were held on one day in each week, or oftener if required.! The Court of the Water-Bailiff, who was also ^^^^^T''^^" styled Admiral, dealt with all causes of action, less than capital, which happened between high-water mark on the one hand and the distance of three leagues from the shore on the other. The water- bailiff had the assistance of a jury of six men.^ He had also jurisdiction over maritime affairs generally, which were tried before him by a special jury of merchants or seafaring men. In all these courts, other than the Court of Chancery, § civil suits were generally commenced by complaint presented, either by word of mouth '■^' The method pursued by the deemsters in takhig enquests has already been referred to. f " The jurisdiction exercised by the deemster," says Sher- wood, "is so extensive that it is diihcult exactly to define its limits" ("'Constitution," Manx Soc, vol. xxxi. p. 42, note 24). I The appeals from this court were the same as from the Deemsters' Courts. § For procedure in this court see p. 750. in the courts. 758 HISTOEY OF THE ISLE OF MAN or in writing, to the judge or judges presiding in ^umm'^o'ses**"^ them. The process for appearance was merely a fudg^ents.&c, summons from the judge, which, till nearly the end of this period (1763), when a written warrant was substituted,* was by a slate or stone inscribed with his initials. If this summons was not attended to, an order was obtained from the governor directing one or more soldiers to bring the defendant before the court. Decrees and judgments were, at one time, given orally, at another, put into writing. The execution of them was committed to the moars by the Court of Common Law, to the coroners by the other superior courts, and to the Serjeants by the Manorial courts. In criminal cases, offenders were arrested by the coroners and handed over to the gaolers, either by their own authority or by warrant from the governor, one of the deemsters, or some other civil officer.! With regard to appeals, we have seen that in all suits, whether criminal or civil, they might be made to the lord, but there was an ultimate appeal to the King in Council, though this was rarely made use of. The House of Keys exercised judicial functions as the court of appeal from the verdicts of juries in civil cases. They were, in this respect, described ■■' Statutes, vol. i. pp. 295-6. f According to the commissioners (of 1791) many of the civil officers, as well as the governor and deemsters, might " commit upon suspicion, in such cases at least as amounted to a breach of the peace." THE CIVIL CONSTITUTION 759 as the ultirmim refugium * in the island with respect to jury findings, but there was an appeal to the lord. Under an Act of Tynwald, passed in 1737, issues as to fraud or deceit in titles to land were triable before a Committee of the House. We now come to the government of the island in Legislative . government. its legislative capacity. There are but few instances of any neio laws f being made before the beginning of the seventeenth century, the deemsters and elders of the land being, as a rule, summoned to Tynwald merely to give advice to the governor and officers in judicial questions and to interpret old laws. When fulfilling these functions they formed part of the court thus assembled, which was called the Tynwald Court, and it was, therefore, only natural that the same court should frame new laws when they became necessary, and that it should become the supreme legislative as well as the supreme judicial body. From the beginning of the seven- teenth century the legislative authority was, except on a few occasions when the lord issued ordinances on his own account, vested in the governor and vested in the r^ -IT r- T7- • • 1 m lord, the Council and twenty-four Keys, sitting as the Tyn- governor and •^ J ' & J Council, and wald Court, as well as the lord. Until the passage of the Keys. * See note f , p. 752. A comparison of pp. 800-3 in the second part of this chapter and of Appendix D, where an account of the present Manx judicial system is given, will enable our readers to discover what is obsolete and what is still in existence as regards the courts and their pleadings which we have just described. •j- An instance of a new law is the abolition of prowess in 1429, and there arc also some illegal ordinances passed without the consent of the Keys which had the effect of new laws. 760 HISTOEY OF THE ISLE OF MAN Procedure of the Tynwald Court. The Cowicil. the Act of Settlement in 1704, it seems to have been usually the practice of this court to discuss the Bills before it as one body, though, doubtless, they could only be passed by a majority of votes in its two branches {i.e., the Council and Keys) voting sepa- rately. After 1704, Bills were dealt with in the following manner : If a Bill originated in the Council, it was first debated there and then sent on to the Keys, who could either reject it altogether or amend it. In the latter case the two branches met and settled the proposed amendments. If the Bill originated in the Keys and was approved by a majority of the members, it was sent to the Council, whose powers with regard to it were the same as those of the Keys. Wlien the Bill was thus passed, the Keys were summoned to the Council Chamber to sign it, thirteen of their signatures being required to render it valid. It was then sent to the lord, who could either reject or give a general or qualified assent to it. Finally it was promulgated in full, both in the Manx and English languages, from Tynwald Hill, and then, after being signed by the members of the Council and Keys * who were present, it became law.t Let us now trace the development of the Legis- lative Council and of the Keys separately : — The designation Council has existed from the * The signatures of thirteen members of the Keys was necessary here also. f The position of the Tynwald Court as regards customs duties is discussed under the heading of " Keys," since it affected them more particularly. THE CIVIL CONSTITUTION 761 earliest period of which there is any record. Thus, in 1422, we have "Lord's Council" and "King's Council," though not infrequently, as late as 1757, the Council are, in statutes and other records, described as "the officers," and sometimes "Prin- cipal Ofacers," "Chief Officers," "the Officers Spiritual and Temporal," " the Lord's Officers of his Council," " Officers of the Lord's Council," &c.* Up to the year 1582, when it passed certain TiieLeciisiative ordinances, without the concurrence of the Keys, the Council f appears in the Statute Book as an executive, not as a legislative body ; and that it did not at that time exercise legislative functions is also clear from the statement of Governor and Bishop Meryck in 1580, that " whatever is agreed upon by the Lord of the Island, the two Deemsters and the Keys obtained the force of law.t It is in 1609 that we find the Council, for the first time, asso- ciated with the Keys in legislation, and this was usually the case after that date, though it, in 1692, again acted arbitrarily in revising the customs duties vidthout consulting the Keys. This was, as we shall see, resented by the Keys, and, as a result of their protests, we find that, by 1737, the position of the ■'• The governor and Council are frequently, as one body, designated the Council, and in one sense, according to ancient usage, the designation is accurate. In another sense the officers other than the governor, are tlie Governor' s Council. Thus, for instance, in 1422, " my Lieutenant, his Council." For various designations of the governor's Council see Statutes, vol. i. In discussing it in its executive capacity we have already given the names of its members. t Statutes, vol. i. p. 56. J Lib. Scacc. 762 HISTORY OP THE ISLE OF MAN Council as a distinct part of the legislature, having co-ordinate authority with the Keys, was fully settled. The selection of the officers who were to sit in it, except the deemsters, who were invariably members of it, appears formerly to have been left to the caprice of the governor, who chose those, and those only,* whom he might wish to consult on any particular subject or subjects. A body thus consti- tuted is better calculated to strengthen the hands of the governor than to be any check upon his actions. As regards its rights and privileges, even its official + members cannot be required by the governor to vote with him, but it has no power to fix its own meet- ings, being summoned by the governor who presides over it, and his assent is practically necessary to all resolutions passed by it.t Its official members were deemed an essential part of it, but the un- official members § seem not to have been, though, un- like those of the Executive Council, all its members claim a right to sit, whether summoned or not.|| -■'■ The ecclesiastical officers only very occasionally sat in it. f The comptroller, clerk of the rolls, receiver, attorney- general, water-bailiff, and deemsters. I This is the rule of the present day, and, no doubt, in the past also. " I say ' practically,' " writes Sir James Gell, " for during the progress of a Bill in ' Committee,' he does not expressly declare his assent or dissent on every question which is put to the vote " (Letter to the writer). § I.e., Before the Revestment. The whole question is obscure. See p. 815 for the temporary exclusion of the ecclesiastical members of the Council. II The dual existence of the Council should be fully recog- nized, their duty to advise the governor, being quite distinct from their duty as a branch of the Legislature. THE CIVIL CONSTITUTION 763 The quorum necessary to constitute a meeting is the governor and two councillors. At the beginning of this period, the Keys, as a The Keys rule, only exercised purely judicial functions, and their office, in accordance with the statement of the deemsters to Sir John Stanley, was not " in cer- tainty," * and could not exist without the lord's will. But there were tokens that they were acquiring a more stable position. Thus, in 1418, if any of them committed a capital crime, he was not tried in the ordinary way, but by a jury of the rest of the 24 ; t and further evidence of development may be seen in the title of the second court held in 1422, i.e., a " Court of all the Tennants and Com- mons of Man," and in the fact that the laws declared by it were confirmed by the " best of the Commons" t In 1430, an important advance was made in the establishment of a representative body, duly elected by the people. § This took place at a " Court of all the Commons of Mann, holden at the Castle of Kushen betwixt the gates," when " 6 men - Statutes, vol. i. p. 11. f Botul. I Statutes, vol. i. pp. 20-1. § In England, between the death of Richard II. and the accession of Henry VII., there was a period during which Parliament had more authority than either before it or for more than two hundred years after it. On the other hand, it is possible that the degradation of the Keys may have been con- summated at the accession of the Stanleys, and that the state- ment of the deemsters, perhaps under coercion, that they were "not in certamty " and could not exist "without the lord's will " had caused the riot which took place at the first Tynwald Court held in 1422. For it will be observed (see p. 764) that Sacheverell speaks of the " ancient legislative power." 764 HISTOEY OF THE ISLE OP MAN of every Shedding of Mann were chosen by the whole Commons of Mann." * Out of this body of 36 representatives, 24 were chosen to act as an enquest, and were sworn in accordingly. On this proceeding Sacheverell, who was governor of the island at the end of the seventeenth century, com- ments as follows: "Sir John Stanley, being duly informed of the general neglect of his affairs, and the disorder caused by his own absence, sent over Henry Byron, his lieutenant, a man of great prudence and severity. . . . Whether he [Byron] had observed some discontents in the manner of electing their representatives, or whether he thought it for the real honour and interest of his master to have the ancient legislative power restored, he calls another assembly the year following, 1430, and ordered six men out of every sheading or hundred, to be chosen by the whole body of the Commons, out of whom he elected four . . . and by their entreaty all former laws were confirmed." t " This," he continues, " was the last finishing stroke of the settlement of this little state," by which he prays, the people are to be governed, "under the honourable House of Derby." | It is, however, doubtful whether the practical advantages which resulted from this change were so great as Sacheverell supposed. For it appears from the history of the next 150 years, that the representatives of the ■''• Statutes, vol. i. p. 23. f Manx Soc, vol. i. pp. 75-6. I Ibid., pp. 76-7. THE CIVIL CONSTITUTION 765 people were very seldom called together, and that when called it was invariably for the settlement of judicial questions. From the instances, too, which will be given below, it will be seen that, though the word " chosen " is used of " the 24," it is never again stated by whom they were chosen, which lends a colour to the assumption of several who have written upon the Manx history of this period, that the lords or their governors had again taken the right of naming the Keys upon them- selves. In 1499,* " 24 of the land " f were sworn, and, in conjunction with the deemsters, gave the law on various points ; and, at a Court of General Gaol Delivery, held in 1502, " it was appointed that 24 of the country should be chosen, and they to choose them four merchants, who should be sworn to deal indifferently among the country people, and to agree on their behalf with the merchant stranger." I These 24 consisted of four out of every sheading. At an enquest taken at Castle Kushen in 1504, we find the same 24 present. § At a similar court, in 1516, held to try a case of man- slaughter, the two deemsters asked the " Capten in Court " to have " 24 of the most aged and wisest in the land, according to the Lord's statutes, sworn to them that by their advice they might answer in this case." t The " Capten " consented, and four men from each sheading were sworn. In 1532, an inden- ~-i= Date wrongly given in Statute Book as 1419. I Statutes, vol. i. p. 6. I Lib. Scacc. § Statutes, voL i. p. 25. VOL. II. 50 766 HISTOEY OF THE ISLE OP MAN ture was entered into between the bishop and clergy on the one part, and two men of each sheading on the other ; and, on this occasion, there is no mention of the 24, the 12 * seeming to represent the whole country. In 1570, on account of a com- plaint from the people " to the Capten of Mann and \ other the Lord's Head officers and two Deemsters that the fforesters did clip sheep unlawfully within the ffells," the captain " demanded the law of the Deemsters," who "requested to have the advice of the 24 ancientest men in the Isle, which the Capten and other officers granted them." t In 1580, the governor and Council, the deemsters, the bishop and clergy, and 24 Keys, there being one or more from " every parish in the Isle," were summoned, by virtue of a commission from the Earl of Derby, not only to try a criminal but to pass a law, the nature Important of which is not recorded. Against this the bishop, | decision about " ^ thi kI'^s^"'^ °^ archdeacon,§ " W. Christian," |i and the Keys pro- tested, saying that, if they were called together " for the establishing of a new law, the country ought to give their consent for the choosing of the 24." t The commission was thereupon " stayd by consent of the Court till my Lord's pleasure be known." f It is not recorded what the earl did in this matter, but, from the following quotation from the Chancery book in 1581, it seems probable that he gave way to the popular demand : " But now the 24 Keys are -•' I.e., two from each sheading. f Lib. Scacc. l Meryck. He was also governor. § Hugh Holland. || Perhaps one of the deemsters. THE CIVIL CONSTITUTION 767 called the representatives of the country because, when any new law is made, they doe represent the Body of the country and were by the ancient Con- stitution chosen by the Country out of the Shead- ings of this Isle, and noe Law is binding on the people (one part of the Legislative power being in them) without their consents." * Thus a clear dis- tinction was made between the Keys as a judicial body, when they might be selected by the governor, and as a legislative body when they had to be elected by the people, t The real explanation of what had occurred is probably that, since no new laws are recorded as having been passed between 1429 and 1580, and since, therefore, the Keys had only been summoned to act as a jury, or to declare the cus- tomary law, the people, regarding these functions as being of secondary importance, had, at first, allowed the old right of election, which, in 1430, was in operation on an occasion when the Keys were sum- moned as an enquest only, to lapse, and, finally, had forgotten that it had ever existed, except when the Keys were to act as legislators. However this may ■'- Tarr MS. quoting from Lib. Canccll., 1581. The portion in brackets is Parr's interpolation. It is remarkable that the leader in this agitation, Governor-Bishop Meryck, should have been the lord's nominee. He writes in his account as follows : " In former times the voice of the whole people was necessary to the making of a new law ; but now this custom is abrogated, and whatever is agreed upon by the Lord of the Island, the Governor, the two Deemsters, and the twenty-four Keys, obtains the force of a law " {Manx Soc, vol. xviii. p. 22). (Pub- lished by Camden m the first edition of the Britannia.) f See p. 768. 768 HISTORY OF THE ISLE OF MAN By the 17th century their position had become more assured. have been, we find that many years were to elapse before the people were again permitted to exercise their right of election. In the meantime the Keys were " chosen by the Lord himself out of the natives," * and, notwithstanding Meryck's state- ment, that, although they " hold their offices but durante bene placito, yet are they seldom turned out during their lives," * they were assembled in 1685 " to enact and give for law in this present cause only ; " f and, at the same time, one of them being " sick," and another in England, two were put in their place, which looks very much as if their real status was still that of a jury which could not pro- ceed with its business till the whole number was filled up. But, by 1601, they had attained a more assured position, or, at least, one of greater dignity ; for, in that year, in consequence of an individual having declared that the Keys " never did good to the Isle," t a law was passed which enacted that those who slandered the Keys should suffer the punishment of a fine, besides having their ears cut off.t In 1605, they were exempted " from all com- mon services and duties of the country," I and from serving on common juries, except by express command of the governor. More important still was their seemingly improved position as regards the control of the customs duties. In 1577, these seem to have been imposed by the authority of the governor and officers without the Keys, and "allowed and con- * Manx Soc, vol. xviii. p. 28. I Statutes, vol. i. pp. 69-70. ]: Lib. Scacc. THE CIVIL CONSTITUTION 7G9 firmed " * by the lord. But, in 1608, it was declared by the Keys and four men from each parish that the earl "with the consent of the 24 Keys, the representatives of the Comons there, have alwaies and may raise or diminish these impositions at their pleasure." f This statement, which does not seem to have been contradicted, is, considering the then practice in England,! a very remarkable one. Their tenure of office, however, still con- tinued uncertain, for, in 1610, Bishop Phillips complained that the governor, John Ireland, had placed and displaced the Keys at his pleasure. As regards the "displacing" of the Keys, the power of doing so was exercised by the lords and their governors as late as 1731.§ As regards the "placing" of them, however, the reply of the Council and Keys to the bishop's allegations would seem to show that the mode of election was more liberal than that mentioned by Meryck. For they declared that the governor had "used no other course and manner in choseing of the 24 Keys than as ever in former times to our remembrance hatha been accustomed, which is with the consent of all ■'■ Statutes, vol. i. p. 37. f This was in reply to the following question, asked by the Commission of which Richard Hoper was chairman : " "Whether it is understood . . . that the Earle of Derby hath a power to lay new customes " (Knowsley Muniments, -\-). I In 1606, King James obtained a decision (in the case of Bates) to the effect that he could raise or vary existing taxes by his prerogative alone, and even the " Petition of Eight" in 1628 does not seem to have touched the king's right to levy customs duties. § Lib. Scacc, 1610, 1611, 1620, 1627. 770 HISTOEY OF THE ISLE OF MAN the officers and the rest of the 24 Keys." * And, moreover, it is clear, from the reappearance of the same names among the Keys in the Statute Book at different dates and from the way in which they were mentioned in the preambles of the Acts,t that, at the beginning of the seventeenth century,! they had become a usual, though not an invariable, part of the legislative authority, and that they had begun to take their place as such. But it receives This process, however, received a check under the a check from ^ eari^'^^'^'^'^^ autocratic seventh earl, who seems to have been determined to prevent the exercise of legislative powers by the Keys from becoming a matter of right, since he continued to obtrude his commands upon the people, consulting sometimes the Council, sometimes the Keys, and, at other times, the Keys, together with four men from each parish. t Thus, * Hence probably originated the claim of the Keys to elect their own members, first exercised in 1659 (see pp. 773-4 ; also statement of Chaloner, p. 772). For a full account of the " articles objected by John, now Bishop of the Isle, against John Ireland, Livetennant and Captain," see Episcopal Records. (They are partially published in the Introduction to Phillip's Prayer-book, Manx Soc, vol. xxxii. pp. x-xv.) ■) In 1609, an assembly was held " of the Lieutenant and other the Officers, with the 24 called the Keyes of the Land " {Statutes, vol. i. p. 70) ; and, in 1628, laws were " ordered and enacted with generall consent of the Captain, Deemsters, officers and 24 keyes of the isle" {Ibid., p. 81). I Earl James himself wrote : " There are four-and-twenty called Keys, who, in all great matters concerning the country, are advised withal. Sometimes there be four of every parish joined with them, by order of the Lord, when any great matter concerning the land is in hand " (Derby, Manx Soc, vol. iii. p. 7). THE CIVIL CONSTITUTION 771 in 1643, the Keys shared the humble office of endorsing the earl's " order, doome and decree," * with "four men of every Parish," who acted "in the name of themselves and of the whole Commons of the Isle, by whom they were chosen for that purpose." * Here the principle of popular election was recognized, though it must be observed that it did not apply to the Keys, but to the four men from each parish.! Indeed it seems clear that any great constitutional question required the presence of these elected members to give advice, though they had " no power to settle or enact anything," I as well as of the Keys. The four from the parishes appear for the last time in 1643, § when 12 of the Keys and 12 selected from the four men of the parishes were chosen as " a select Jury and Grand Inquest ... to find out and present all such wrongs and abuses as have been committed or acted against his Lordship's Prerogative, the Lawes of the Island, or the good of the Comonaltie." § On questions * Statutes, vol. i. p. 92. f They were merely advisers chosen for a special purpose. I The idea of summoning them survived this period, for, in 1667, when the revision of the spiritual laws took place, Lord Derby ordered that as these laws " have relation to the Liberty and Property of my people . . . four judicious men should be chosen by the people out of each parish ... to give their best advice and assistance and to join with the Legislative power." He, however, revoked this order before it could be put into execution, because, as the four from each parish had " no power to settle or enact anything," they would " only make more confusion" (Knowsley Muniments, ~^-). § Statiites, vol. i. pp. 92-3. 772 HISTOEY OP THE ISLE OP MAN Their right to share in fixing the customs duties recognized. Statements of 17th century writers about the Keys. relating to customs duties, however, the Keys only, not the four men from each parish, seem to have been consulted, and their right, as a component part of the Tynwald Court, to have a share in fixing them was distinctly recognized,* both in 1637 and 1645. At the time of Earl James's death, in 1651, the position of the Keys was, on the whole, less secure than in 1627, but, during the time of Lord Fairfax, it became more assured. Let us see what contemporary writers have to say about it at this period. One of them, Chaloner, states that their assistance was only called for by the governor and officers "in cases of doubt and considerations . . . about the ordering of the affairs of the country, for the defence and safety thereof ; and propositions of good and wholesome Lawes and Orders, for the Peace and Welfare of the People, in matters of Eight betwixt the Lord and the People, and betwixt party and party" ; t while the other, Blundell, speaks of them as "the Representative body of the whole Island"! and declares that "their assent is soe necessary as that without them no new law can be made nor any custome be introduced or altered." He also states that they were " elected and chosen by the lord himselfe out of the natives of the Isle," I and that, though they only continued durante bene placito, yet they usually held their office for life ; ■'• Gell {Manx Soc, vol. xii. pp. 190-1). f Chaloner {Manx Soc, vol. x. p. 29). J Blundell {Ibid., vol. xxvii. pp. 76-7). Since 1645 they were usually designated "the Representative Body" in the Acts passed. THE CIVIL CONSTITUTION 773 and, further, that it was "required also that they should bee landed men, such as our freeholders in England, having 40 or 50 or more pounds of their owne." * Of the two accounts, that of Chaloner is probably the more accurate. It was during his governorship that the following judgment, on which the Keys afterwards founded their claim to nominate their own members,! subject to the approval of the lord or governor, was given by the deemsters: "When fi^°e"^f^^f°i'a°m any of the 24 Keys dye, or are removed, the rest of own members, the number shall recommend some fit persons to supply their places, and shall give their names either to the Lord or Governor; " I and, consequently, ■■-■ Blundell (Manx Soc, vol. xxvii. p. 77). He also speaks of them as "adjuvants to ye deemsters ... in cases of judicature," and as being " impanelled upon juryes " (Ibid., p. 76). f In the course of the dispute between the officers and Keys during the period 1715-1736 the former referred to this change as foUows : " And the said Earl's noble ancestors and his family, being reduced, by ... . loyalty and adherence to the CrowTi, to great difficulties and distress in the time of the said rebellion, the said Keys, taking advantage thereof, first began to assume the title of representatives of the people, but have always, not- withstanding, from time to time ever since been called together and dismissed, placed and displaced, by the Lord of the Isle or his Lieutenant, as they saw cause. And none of the said Keys have since the said rebellion been chosen by the inhabitants, but have been chosen or appointed by one another, without any power or foundation of law .... And, therefore it is impossible the said 24 Keys should be the representatives of the people, and that it is an absurdity to call themselves so, neither have they, till the time of the said rebellion, ever pre- sumed to look upon themselves as afforesaid" (Ecclesiastical Records). \ Lib. Scacc. 774 HISTORY OF THE ISLE OF MAN After 1660 the position of the Keys again degraded. in the same year (1659) the governor ordered that : "Whereas there are three of the 24 Keys awanting to make up the full body, and forasmuch as the rest of the 24 Keys did nominate and recommend in Court . . . the said three ... I have in the Lord's behalf according to the Statute (1422) accepted of the said three persons and do give my approbation thereto."* But, v\^ith the Restoration, despotism resumed its sway, since we find that, in 1662, seven of the Keys were "removed by the Lord's order in that behalf, f and others admitted and sworn in their places," because they were considered to be favour- able to William Christian {Illiam Dhone), then on his trial. In 1668, Charles, Earl of Derby, because a majority of the Keys did not agree with his views about the tenure of the land I and had endeavoured "to establish a right to their ffarmes," * referred to their behaviour as " unquiet and factious," and ordered that, unless they conformed, they " shall be put out of all places of office and command in the Island." * The recalcitrants, thirteen in number, consequently submitted to the earl's terms. In 1669, a question with regard to customs was referred to them, in conjunction with the deemsters, § but, in 1677, " the Book of Rates of the year 1648 "il was "revised, rectified, and inlarged " IT * Lib. Scacc. f See pp. 378-9. I See p. 885. § Statutes, vol. i. p. 39. II This book has not been preserved. 1715 H Knowsley Muniments, -^ THE CIVIL CONSTITUTION 775 by the governor and officers and ratified by Lord Derby, without the Keys being consulted, and the same course was taken in 1692.* Notwithstanding all this, however, they seem, by f^l^l^^^ ^^ the end of the century, to have recovered some of cenufry.°^ *'"' their lost ground, seeing that they were then referred to as " the representatives of the country," t who, " in conjunction with the Governor and officers, make the legislative power of the nation," f and we are told that " no new law can be made, or custom introduced or abohshed " without their consent and that of the Deemsters, t Some reflex, perhaps, of the Kevolution of 1688 had reached Man. In 1697, KbitmS'"'" the Keys protested against the " arbitrary actions of the governor and officers" in a petition to Lord Derby, in which they set forth a number of other grievances, the chief of which were the prohibition of the exportation of goods without their consent, the seizure of estates for the nonpayment of rent, the charging the people with the cost of re-stocking and repairing their firearms, and the charging the Keys with duties and services from which they were exempted by the customary law, the order compelling the inhabitants to erect chimneys, and the heavy fines for non-compliance with it, and, -'■ Statutes, vol. i. p. 225. f Sacheverell (Manx Soc, vol. i. p. 73). He also speaks of them as "the Grand Inquest of the nation" and "the last traverse in all cases of common law, being present at all trials for life" (Ibid.). I Bishop Gibson in Camden's Britannia (Manx Soc, vol. xviii. p. 28j. 776 HISTOEY OF THE ISLE OF MAN Lord Derby's reply and the result. A further lietition. finally, the refusal of the officers to place these complaints on record and their committal of two of their number to prison for insisting that this should be done.* In reply to this petition, Lord Derby ordered that the question of the prohibition of exportation should be considered by the Keys and Council together, and that the Keys were to " in- quire into and examine the irregularitys committed by any of the officers against the laws and customs of the Isle." f He, at the same time, promised that, when he came to the island, he would examine and redress the question of the Book of Eates, if he saw cause. It may be imagined with what joy the Keys took up the Commission granted to them. They promptly presented a report amplifying their former statement of grievances. Nothing, how- ever, seems to have been done to remedy these grievances. Probably the land question stood in the way. When it was settled in 1704, the Keys at once presented a petition to Earl William's successor. Earl James, to the effect that "it may be enacted as a Law, that no orders of public concern touching either the Government of the Island or the punishing and fining of your people which are not warranted by the Laws already made, or to be made, may be of any force, or be put in execution, but be declared void and of no effect, till the same receive the concurrence and allowance of your people's representatives, the 24 Keys ; that so Knowsley Muniments, 1719 t lUd., 5T THE CIVIL CONSTITUTION 777 all umbrage of arbitrary Government may be re- moved, and your people have knowledge of the rule of their obedience,"* and they asked him to order " that no Officer or Officers . . . shall here- after award, impose, or inflict any paine, penalty, fine or imprisonment, or other corporall punish- ment upon any of the inhabitants . . . untill such offender be thereof convicted by the verdict of six lawful men returned by the Coroner of the Sheading where such offence was committed, and then such only as by the known Laws and Customes of the said Isle are already or shall hereafter by Act of Tynwald be ordained or ascertained." t They again referred to the customs question, stating that the arbitrary method of fixing the duties would " inavitably and too apparently ruin the Island,"* and asking that they should, in future, be settled with the "concurrence and assent" of the 24 Keys, as well as of the Council. "This," they pleaded, "is agreeable to the constitution of all well governed commonwealths, and will secure your people and their possessions from any arbitrary government and oppression."* They quoted instances when "the advice of the 24 Keys was required and obtained as necessary and lawfull " ; and summed up the petition by asking " that all orders, pre- cepts, and comands contrary to or not warranted by the known laws . . . before be ever hereafter * Lib. Scacc. f They also asked that any officer who had acted as stated should be dismissed from his otlicc. 778 HISTOEY OP THE ISLE OF MAN adjudged holden and taken to be void and of none effect," * concluding with the following words : " Great and Good Lord, these are at present the chiefest matters we have under consideration to make our settlement lasting and happy. . . . We do not seek to diminish your Lordship's customs, encroach on your prerogative, or disrespect the orders of the civil power ; but to prevent the ill consequences of arbitrary government." * How this petition was received by the lord does not appear ; Its only result, all we kuow is that it led to no result, except that the right of the Keys to take part in legislation concerning the customs was recognized by the Acts of 1711 and 1714. + On all the other questions in dispute the struggle between the Keys and the governor and officers between the coutinued. In 1715, the Keys having objected to Key??nm5. being treated like an ordinary jury, the governor (Home) addressed them an imperious letter I in which he required them to give a verdict in writing on the acquittal of a felon by the grand jury and threatened that, if they did not do so, he would imprison them. The Keys declined and "returned their opinion viva voce accordingly as they had ever in such cases done." § Finally, however, they, -■■ Lib, Scacc. f Though, till 1737, it was practically ignored (see Statutes, vol. i. pp. 187-9 and 196-7). t Appendix B. § Lib. Scaec. (Petition to earl, in 1719.) The governor produced precedents showing that, if the Keys found the Jury not to have proceeded according to evidence, their verdict was given in writing, but, when the Keys and Jury agreed, the verdict was always viva voce. THE CIVIL CONSTITUTION 779 " upon hopes and assurances given them by the Bishop and Deempster that the same would not again be required in such cases,"* gave way and dehvered a written verdict. But, as the form in which they had done so did not please the governor, he imprisoned them in Castle Eushen, a proceeding " which was never known before," * and fined them 20 shillings each. They, at first, refused to pay this fine,t but ultimately did so under protest. Such collisions were not calculated to diminish the state of tension between the governor and the Keys, and it was aggravated, as we have seen, by the difference in their views on ecclesiastical matters.! In 1719, "John Stevenson, one of the 24 Keys, ... in behalf of himself, the rest of his brethren, and the people,"* brought a petition to Knowsley to the earl, with whom, at the time, were several mem- bers of his Manx Council. In this petition they reminded him that he had not fulfilled his promise, which he had made in 1704, that the people should have laws to secure their " Liberty s and Propertys " ; * they renewed the complaint against the officers for illegal punishments by "fines and imprisonments," * especially of "the Keys and common Jurys after being agreed, and have delivered their Judgments and verdicts ;"* and the officers were also accused of taking excessive fees and of extorting from the people ' ' more money for the custome of goods imported and exported than by the Antient Book * Lib. Scacc. f It was remitted in 1719. I See pp. 492-503. 780 HISTOEY OF THE ISLE OF MAN The earl promises concessions, but they were not granted. of Eates or any Law since are due and pay- able." * Stevenson suggested that the earl, with his assist- ance and that of the members of his Council then at Knowsley, might frame laws for redressing the people's grievance and have them confirmed by Act of Tynwald, and he concluded with a threat that, if their requests were not granted, the Keys would " seek such relief e . . . either before his Majesty in Councell, or in the Parliament as they shall be advised."* The earl declined to make any imme- diate reply to this petition, but he afterwards caused a letter f to be written, in which he ordered the governor, Council, officers, deemsters, and 24 Keys to meet and consider the questions referred to in it. In this letter he admitted that, as regards some of them at least, he saw "just cause of complaint"; he consented to the book of rates remaining as in 1692, and he stated that "if at anytime hereafter there shall be occasion to revise, or make any further additions or alterations" in this book it should " be done by the consent and agreement of the Governor, Council, officers, Deemsters, and 24 Keys,"* he reserving his "prerogative of con- firming and allowing or disallowing the same." He also ordained that the markets should be free to every one "to buy all manner of goods without any lett, stopp or molestation." * But none of these * Lib. Scacc. f From a comparison of handwriting this seems to have been written by Daniel McYlrea, Junior, attorney-general. THE CIVIL CONSTITUTION 781 promises were kept. In consequence of the earl's And the order the Tynwald Court met at Castle Kushen, the Keys with the Council when the governor made certain proposals which Pfl°ct"'^"° the Keys declined to consider " unless severall other proposalls drawn up by themselves were at the same time taken into consideration and passed into Lawes," * but this the governor and Council refused to do. In December, however, there was another meeting, when the following proposals, among others, were agreed to: (I) "All orders, precepts or comands contrary to, or not warranted by the known laws and customs of the Isle ... to be illegal and of none effect." (2) " For the better preventing of all injustice ... if any of the officers. Deemsters, or 24 Keys . . . shall at any time take or receive ... a bribe or corruption to hinder or delay justice," they are to be fined and " to be for ever thereafter disabled and uncapable to have or hold any office whatsoever." * But, though the Council had agreed to these reforms, they refused, for some unknown reason, to sign the Bill t embodying them. The quarrel between the governor and Council, on one side, and the Keys, on the other, consequently became more bitter than ever. It would appear that John Stevenson, acting in accordance with the instructions of the rest of the Keys, had again written to the earl " to acquaint him with several matters of high importance." I We are not informed what these were, but they * Lib. Scacc. | This Bill may be seen in the Rolls Office. I Lib. Scacc, or Keble, p. 595. VOL. II. 51 782 HISTORY OF THE ISLE OP MAN probably related to arbitrary acts on the part of the governor and Council. In consequence of this letter, Stevenson was " called to a public account and tried as a criminal," presumably by the governor and Council only, since the majority of the Keys tried him on their own account and " publickly acquitted him." * So the question seems to have rested till the spring of 1723, when the Keys dis- covered that the governor and Council had " taken upon them, after a private and unheard-of manner, to arraign and censure not only the said gentleman (Stevenson) but us, the legal judges, who acquitted him."* In the interval between 1720 and 1723 differences on ecclesiastical questions had increased the feeling of the bitterness between the con- tending parties, and so the Keys, despairing of Thesimimai-y any rcdrcss from the earl, drew up "a Summary of Grievances -^ ' l j of 1723. q£ Grievances ... in Church and State," which they empowered a committee f to lay before " his Majesty in Council or elsewhere, as they shall be advised." * From a constitutional point of view the most important of the charges thus made against the governor and officers is that of illegal imprisonment ; and against the governor, that he had arbitrarily excluded some of the Keys from giving their votes I " before they were con- '■' Bolul. f John Stevenson, Thomas Corlett, and Thomas Christian, three of their own members, and " John Christian of Unerigg." I They also renewed their complaints about being confined like an ordinary jury, and about the illegal customs charges. The complaints were, in effect, the same as in 1719. THE CIVIL CONSTITUTION 783 victed of any crime, or dismissed by the consent of the body, without which they cannot be legally excluded or expelled," * and that he had neglected to call them in with the deemsters, " to explain the law in high and doubtful points." The petition ended with the following words: "All which and many other gross and daring invasions on our laws, liberties and properties, so deeply affect us, as the same do apparently tend to the ruin and subversion of the whole constitution." * This appeal, which the Failure of ^ ^ the appeal. committee, exercising their discretion, thought it wise to lay in the first place before the earl, was unsuccessful, and another appeal presented to him three months later was likewise disregarded. + A short time after this, there seems to have been an appeal to the Crown, concerning which, in December, 1725, Edward Stanley wrote to Lord Derby: "The affair a snai appeal '' -^ to Lord Derby of the Island has been mentioned to Sir Kobert fauJ^^^^^° Walpoole and next Tuesday they meet to fix on the heads of what concession your Lordshipp is to make." I Notwithstanding this, nothing was done, for we find that, in 1726, " The Governor and ofHcers having set up a new authority of their own, without any law or practice to countenance it, and having in a manner taken away the juris- diction of the 24, by trying men for crimes which ■'•' Lih. Scacc. A copy of it is to be found in Kcblc, pp. 595-599. f Loose Papers. Knowsley. The first portion was presented on the 20th of August, 1725, and the second by " John Steven- son, John Murrey, and Anthony Halsall, and authorised by the 24 Keys." I Ibid. 784 HISTORY OF THE ISLE OP MAN affect their lives," * certain members of the Keys and others subscribed £150 so that they might " obtain redress from his Majesty or otherways." * Before doing this, however, they decided to make a last appeal to the earl, in which they repeated the complaints of 1719 and 1723 and prayed that he would take into consideration their " most miser- able state and condition" and grant them "such relief as may hereafter effectually discourage the ofUcers of this isle in these and all other such arbitrary practices and oppressions, and secure" to the people " for the future the peaceable enjoy- ment of their religion, lives, laws, liberties and properties." t No answer was vouchsafed I to - BotuL, 1726. f Ibid., 1727. I In April, 1727, the earl received a remonstrance from the governor and officers accusing the Keys of subverting the constitution and settmg aside the execution of their laws. It is interesting to note that they admitted that " the Com- mons of the Island had by the ancient Laws and Constitution a right to choose their own representatives at the making of any new laws." After stating this, they went on to show the unconstitutional character of the self-election of the Keys. (Lib. Cancell, April 13, 1727; Keble, pp. 697-702.) At the same time they forwarded an address of " the principall inhabitants of the Isle of Man " against the petition of the Keys which the address described as " a libel . . . called the gi'ievances of your people, who with hearts full of joy thanli heaven they arc only devised by them (the Keys), and are not yet felt nor can be feared by us whilst you employ our present excellent Governor Horton " (Knowsley Muniments, 1723). There is, however, good reason for supposing that the Keys really represented the feelings of the people and that the petition just quoted was only signed by those who were compelled to do so. THE CIVIL CONSTITUTION 785 this. The Keys then forwarded their petition * to the king, by whom it was referred to the earl, who asked the governor, officers, and deemsters to report upon it. In doing so they dwelt upon the benefits which the island had received by the Act of Settlement, and remarked that, instead of the people being duly grateful, they, encouraged by the clergy, considered themselves " independent of the said Earl as to their estates." t They ridiculed the claim of the Keys to be called the " Kepresenta- tives of the people," since they had "been called together and dismissed, placed and displaced by the Lord of the Isle or his Lieutenant as they saw cause." i This report, however, does not appear to have been presented to the Privy Council, and nothing more was heard of the Key's petition. AVe only '■'• Its preamble ran as follows: "Your petitioners are the representatives ... of at least 20,000 of j'our Majesty's loyal subjects many of whom have for several years past been grievously, arbitrarily, and illegally deprived of their liberties, lined, punished, and imprisoned, and otherwise vexed, harassed, and oppressed in their persons, and in their estates, rights, and properties by the late and present governors and officers of the said isle, appointed by the Eight Honourable James, Earl of Derby, Lord of Manii." Then, after enumerating their griev- ances, which were chiefly with reference to ecclesiastical matters, they proceeded, " Your petitioners with great duty and patience waited near four years, expecting his Lordship would find leisure to thhilj of and relieve their crymg oppres- sions. But the Governor and officers of the said island, seeing the disappointments which your petitioners had met with, and not being called to account for their malpractices . . . began to proceed in a more arbitrary manner (if possible) tlian hitherto" {EotuL, 1728). f Lib. Scacc. 786 HISTOEY OP THE ISLE OF MAN Bishop Wilson and George Waldron on the position of the Keys. Improvement in the position of the Keys after 1736. know that the governor summarily removed eleven of them and placed his own nominees in their places, with the result that, till the advent of the new regime in 1736, they were completely under his control. Some years before the Keys were thus **pm'ged" we have the views of two contemporary writers as to their position. Let us first quote Bishop Wilson, who states that they represented the Commons of the land, and that they joined with the Council "in making all new laws, and with the deemsters in settling and deter- mining the meaning of the ancient laws and customs in all difficult cases";* and, as regards their judicial functions, that they determined cases of common law by a majority of votes, " also causes touching titles of inheritance, where inferior juries have given their verdicts before." f The other, Waldron, f whose knowledge of their position was evidently superficial, seems to have been chiefly struck by the fact that they were more like English juries than a parliament because their business was to adjust differences between the people, and because they were locked in till they gave their verdict. | With the change of rulers in 1736, the Keys at once regained their lost constitutional rights, and, indeed, between that date and 1765, attained a more authori- tative and independent position than the}' possessed either before or after that time. They were no longer imprisoned before delivering their verdict, '■' Wilson {Manx Soc, vol. xviii. p. 116). f He wrote in 1726. | Manx Sue, vol. xi. p. 4. cause variance between the THE CIVIL CONSTITUTION 787 nor arbitrarily dismissed, nor excluded from voting, and the practically despotic rule of the governor and officers at once came to an end. * Moreover, the right of the Keys to a share in the control of taxation, and of exports and imports, was expressly recognized by legislation, it being ordained, in 1737, that " no order, precept, or comand prohibitting the importa- tion or exportation of any foreign goods, or any other goods of the growth, product, or manufacture of this Isle, shall be granted or made without the consent of the Governour, Council, Deemsters and Keyes." f Upon this, the Book of Rates was con- sented to by them. Between 1736 and 1765, the ouiyoue •^ ' of variaa Keys were at variance with the governor on one govlrnor^nd point only, i.e., as to whether he had the power tcfms!"*" of compelling them to continue their meetings till they had concluded the business before them. On his persisting in doing so, they appealed \ to the duke, who decided against them, and so they had to give way, though they continued to maintain their view of the question. § Let us now briefly consider the method of election * For redress of some of the other grievances see p. 422. •}■ Statutes, vol. i. pp. 223-4. It was also enacted, in 1737, that anj' one who insulted the Keys when sitting should be fined or imprisoned. I In their appeal, in 1752, they charged the governor and ofl&cers with " divers illegal mcroachments and invasions as well upon the Rights, Prerogatives, and Jurisdictions of your Grace as upon the Eights, Libertys and Priviledges of the People of this Island," but they did not specify what these were (Loose Papers. Knowsley). § See p. 824. 788 HISTORY OF THE ISLE OP MAN Method of electing the Keys. Then- quahfications and privileges. to the Keys, the qualifications of members and their powers and privileges as they existed just before the Revestment. When a vacancy occurred, the Keys elected two persons to be presented to the governor by their speaker. The governor chose one of them, but, seeing that he almost invariably nominated the candidate who had received the greater number of votes, the Keys practically filled the post as they wished. * The Keys had to be twenty-one years of age and to hold landed property of the value of £3 per annum. They are summoned for legislative purposes whenever the governor thinks proper, but there were questions connected with his authority over the continuance of their sessions which remained unsettled during this period, f Their privileges are to elect their speaker, subject to the approval of the governor, to regulate their own sittings when once assembled, I to reject any Bill and to be exempt from all services to the lord. § They can refuse to sign any or pass any law or order which they have not an opportunity of debating apart from the Council ; and, when any resolution is passed in the Tynwald Court, it is competent for any member of the Keys to require that it should ■•'• No provision was made in the event of the governor declining to accept either candidate. This, however, does not seem to have ever happened. See Wilson {Manx Soc, vol. xviii. p. 116). t See pp. 824-5. I This, as we have seen, was disputed. § This last is not the case now. They had also formerly a right to shoot game without a licence. THE CIVIL CONSTITUTION 789 be debated by them in their own House before they came to any decision upon it. They have no exclu- sive privilege with regard to money Bills. * Each " Key " held office for life, unless he chose to resign and the governor accepted such resignation, or unless he was expelled or accepted an ofdce which entitled him to a seat in the Council. There had undoubtedly been some improvement laws. in the condition of Manx law between 1266 and 1405. Trial by ordeal, for instance, had been abolished, as we see from the fact that, when Hawley M'Issacke was arraigned for rising against the governor in 1422, the accused " put him to the Country," f i.e., he expressed himself ready to submit to a verdict. I Further, the decision given by Tynwald in 1429 shows that trial by combat had become obsolete. § At the beginning of this period, ^^j^^°|f^%2CG too, we find the system of " enquests " or " inquests " ^^'^ ^^°^- in full operation. The members of these " enquests" were summoned to give evidence, not to hear it. They were supposed to know all about the facts to '■'■'• In his examination before the commissioners in 1791, John Quayle, clerk of the rolls, said that he had heard that the Keys claimed it as their privilege to originate money Bills. But this was contradicted by other witnesses and there seems to be no proof of it. "Constitution" {Manx Soc, vol. xxxi. p. 145). j Statutes, vol. i. p. 21. I In 1215, the Lateran Council forbade its clergy to join in the rite of ordeal, and soon after that it disappeared in England as a legal process. In the Isle of Man ordeal by water was applied to witches till well into the seventeenth century. § Statutes, vol. i. p. 22. It was not abolished in England till 1819, though the assizes of Henry II. had substituted something like trial by jury for it. 790 HISTOEY OP THE ISLE OP MAN which they had to testify, whether they referred to the ancient customary laws, to the crimes committed by their neighbours, or to the properties held by them. STbe°^°'^''* It was not till the beginning of the seventeenth "enquests" ccntury that they developed, under the influence of English methods, into juries who listened to wit- nesses and gave a verdict according to the evidence, and that the grand jury that indicts and the petty jury that tries came into existence. Nor was it till 1610 that an effort was made to abolish the practice of swearing away a charge with compurgators. * No written Between 1405 and the beginning of the seventeenth records or laws " " till after 1405. ccntury the Manx customary laws were committed to writing, but scarcely any attempt was made to introduce new laws, the main object of the insular Government being, apparently, to place the " Con- stitution of Old Time " t on record. These Records are said to have been begun by Michael Blundell, I the Stanleys' first governor of Man, but, if this were so, no trace of his labours remained, even as early as 1418. It was ordered, in 1422, that all things were to be written " plaine with full letters," § that every plea was to be written out of the " Court Rolls" and put on record, and that "all doubtful points " should be " registred upp," || but we do not know whether these orders were faithfully carried out or not, because, unfortunately, till 1580, all the * Statutes, vol. i. p. 72. This practice continued in the Isle of Man till towards the middle of the seventeenth century, and in England it was not legally abolished till 1833. f Ibid., p. 3. I Ibid., p. 11. § Ibid., vol. i. p. 18. II Ibid., p. 12. THE CIVIL CONSTITUTION 791 laws and proceedings of the various courts were inscribed in miscellaneous rolls — Libri Rotidorum — the greater number of which have been lost, and it was not till after that date that they were entered in separate books, now generally known as "The Records." * The more important of these books are as follows : — (1) Insular Statutes, t (2) Libri Cancellarii, containing actions, decrees, &c., of the Chancery Court. (3) Libri Placitorum, or Books of Common Pleas, containing actions in that court, and the names of its officers, juries, inquests, &c. (4) Libri Scaccarii, or Exchequer Books, con- taining judgments on breaches of penal statutes, appeals from the Spiritual Court, &c. (5) Libri Jiiramentorum, or Books of Oaths taken by the various officials on receiving their appoint- ments, also of the Keys. 1§ (6) Libri Irrotulamentorum, containing the com- missions of these officials. After the beginning of the seventeenth century, legislation, in the modern sense of the word, gradu- ally began. But neither the written laws, nor the ■■' For a description of the Manorial Eecords see pp. 901-2. f These do not appear in a distinct book till a comparatively late date. The earliest are found in (2) and then in (5). I In loose sheets. § For copy of this oath see Appendix C. II The commissioners, in 1791, remarked that the laws and ordinances before this time appear " to have been prescribed by 792 HISTORY OF THE ISLE OF MAN legislation till '^9'^io'Lis ]udgments on legal points which had been 17th century, recorded, did away with the "breast " laws, which, notwithstanding orders to commit them to writing in 1636 and 1667, still remained oral till about 1690. At that period there appeared an "Abstract of the Laws, Customs, and Ordinances of the Isle of Man,"* which its author, the learned and able Deemster Parr, also described as "an abridgment of the estab- lished and practical Laws." By means of its embodiment in this book Manx common law became more stable and reliable, being less dependent on the caprices or memories of the deemsters. There was, however, still room for improvement, and therefore, in 1722, Lord Derby directed the governor to have " the laws and presidents (.sic) well-digested and put into good form and order," t but, up to the very end of this period, and even after it, the deemsters are accused of deciding cases by " breast " laws. The customary The Manx customary criminal code I was a very criminal code •' '' ssvexe^^ severe one. Thus, thefts of the value of sixpence or more were accounted felony, and were punished by death. The result of this was that juries were such different powers, or combinations of power, that, as pre- cedents of the exercise of Legislative authority, they can have but little weight." (Report, p. 67). * It has, unfortunately, never been published. There is a copy of it in the Law Library in Douglas, and some of the Manx advocates have taken copies from this for their own use. In it are to be found all the more important customary laws, the various legal decisions given from time to time, and a number of " breast " laws as well as of the Statutes. I This was never done (Knowsley Papers). I See Parr's MS. THE CIVIL CONSTITUTION 793 wont to find that the value of the goods stolen did not amount to that sum. With a view to putting a stop to this practice, it was enacted, in 1629, that all sheep-stealing and " stealing and cutting of bee- hives in gardens," whatever the value of the goods stolen, was felony, and that various other thefts of the same kind, but apparently considered as being of a less serious nature, were also felony, if above the value of sixpence, while for thefts below that value the offenders were to be whipped " or set upon a wooden horse." * To ensure convictions on such charges " the most sufficient men in the Parishes,"* i.e., the men of most substance, were to be chosen as jurors. Such sanguinary legislation would naturally become almost a dead letter, and that it was so is shown by the paucity of the death sentences recorded. An important change in Manx law was The Bin of , . , , , ® Bights of 1737. brought about by the statutes of 1737, which have been called the Manx "Bill of Eights." By them accused persons were assured of the right of trial by jury in all cases. Traverses were ordered to be heard within six months after the verdict. All questions of title to land were directed to be tried by Common Law and by sheading juries, not in Chancery as before, and no sequestration could be laid upon land, Szc, except in extraordinary cases, and, even then, not without the consent of the Tynwald Court, t As regards the administration of The prompt . administration the laws, so high an authority as Coke commended ofihciaw ^ "^ commended. it in the highest terms for its promptitude and =*• Statutes, vol. i. p. 82. f Ibid., vol. i. p. 220. 794 HISTOEY OF THE ISLE OF MAN cheapness,* and his opinion was supported by that of Sacheverell, who writes that "the ease of the Government, and every man's interest, draws all suits to as speedy a conclusion as possible."! A little later, the state of things in this respect seems not to have been so satisfactory, for we find the Keys, between 1704 and 1730, accusing the governor and officers of administering the laws in an arbitrary manner. About 1720, advocates first appeared in Manx law courts, they becoming necessary chiefly on account of the large influx of strangers, who were unacquainted with the laws and language, t Lawsuits, however, still continued to be determined " without much charges." + § 2. Fro7?i 1765-1900. The Constitution practically unchanged at the Revestment. THE CIVIL CONSTITUTION SINCE THE REVESTMENT. Before the Eevestment the Constitution had already assumed a definite form,§ so far as regards the three governing authorities — the Sovereign, the Governor and Council, and the Keys— and their mutual relations, and that event made no changes in it, except by transferring the regal rights of the •''- " But now let us come to their laws and jurisdiction . . . the like whereof we find not in any place ... all controversies they determine without process, pleading, writing, or any charge or expense at all. Gell (Manx Soc, vol. xii. p. 155). (From " Coke's Institutes of the Laws of England," cap. 69.) j Ibid., vol. i. p. 7. I Wilson {Manx Soc, vol. xviil. p. 117). § As explained in the last chapter. THE CIVIL CONSTITUTION 795 lord to the English Sovereign. The lord continued, however, to retain his manorial rights, including the unique power, for a subject, of the patronage of the bishopric, as well as of most of the livings, and it was not till between 1825 and 1829 that these last remaining vestiges of the feudal dominion were extinguished, and the king of England acquired the whole of the privileges which were anciently con- nected with the lordship of the island. We will now trace the main constitutional changes which have taken place since 1765. The position of the governor* continued to be much the same as before the Revestment till after the constitutional changes of 1866. In consequence The rosiuon of " -^ the governor. of these changes, and of the force of character and administrative ability of two able men. Loch and Walpole, who were governors for a period of thirty- one years, t the governors have come to perform many more public duties than formerly. Thus, after 1866, the governor had a substantial revenue to dispose of ; its management, subject to the approval of the Tynwald Court and the control of the Treasury, was entrusted to him, and he claimed that no motion involving expenditure could be made without his sanction, i.e., that he alone had the power of initiating all motions concerning the ex- penditure of the revenue.! To sum up the situation * For the exceptional period between 1793 and 1826 see Book IV. ch. i. \ From 1863 to 1884. \ It is clear that such a power, which is analogous to that of the English Chancellor of the Exchequer, must almost neces- sarily be confided to the governor. 796 HISTORY OP THE ISLE OF MAN — the governor is the supreme executive authority,* and he shares the control of the legislative and administrative functions, including the management of the revenue and the control of its surplus, with the Tynwald Court, both being subject to the super- vision of the English Government ; he has, also, the power of veto as regards the disposal of the surplus revenue t and the nature of proposed harbour works,! and his signature is necessary to the validity of all Acts. It has been the practice for him to act as Chancellor of the Exchequer and to initiate all questions concerning the raising or expenditure of public funds. § On the whole, if the powers of the governor before the Revestment and at the present day be compared, it will be admitted that, though '■' As representative of the Sovereign : " The supreme execu- tive power of this kingdom is vested by our law in a single person, the king or queen " (Stephen's Commentaries, 7th edit. vol. ii. p. 395). f " The surplus, if any, of the duties of customs of the Isle of Man, after deducting the sums hereinbefore directed or authorised to be paid or set aside thereout, or charged thereon, shall be applied for such public purposes of the Isle of Man, to be approved by the Commissioners of Her Majesty's Treasury, as the Court of Tynwald shall from time to time determine, the Lieutenant-Governor having a veto upon such decision " (" Isle of Man Customs, Harbours, and Public Purposes Act, 1866." 29 Vic. c. 23). l It shall be lawful for the Court of Tynwald to determine what improvements [in harbours] shall be undertaken ; the Lieutenant-Governor having a veto upon such decision. (Ibid., p. 201). § This is rendered necessary by the fact that there arc no officers corresponding to responsible ministers or to Colonial Secretaries of Crown Colonies. THE CIVIL CONSTITUTION 797 emploj^ed on more numerous objects, they are dis- tinctly smaller, or, perhaps, we should say, less likely to be exercised, now than formerly. This is partly due to the fact that the modern governor is subject to the control of an ever active and alert department of the English Government, while his predecessor was controlled only by a lord who did not, as a rule, interfere with his management of insular affairs, and partly also to the greatly increased force of public opinion, and to the argus eye of the Press. A Governor Home, just as much as a Bishop Wilson, would be an impossibility in these days. Although Walpole in one passage speaks of the " almost autocratic authority " * of the governor, he fully recognizes that it is subject to important limitations. He admits that "in practice, a Gover- nor thrown into constant communication with the people, who approach him on every kind of business, and periodically confronted, not with his Council alone, but with the two branches of the Legislature in Tynwald, necessarily learns to mould his views to the people's views, and to give shape and effect to their wishes." t The office of comptroller was done away with in 1765, his place as manager of the land revenue being taken by an oflicial, who, till 182G, was called the duke's agent, and, after that date, the Crown agent The crown receiver aud or Crown receiver. An official, called the seneschal, seneschal, was appointed in 17G5 to preside over the duke's ^■- Land of Home Rule, p. 279. j Ihicl, pp. 279-80. VOL. II. 52 798 HISTOEY OF THE ISLE OF MAN The clerk of the rolls. The receiver- general. manorial courts. After 1826, he becarae a Crown official.* The clerk of the rolls continued to perform much the same duties as before. He became a judge of the High Court in 1883, and was given charge of the Chancery Division. The receiver, called "receiver-general and col- lector " between 1765 and 1832, and, since then, receiver-general onlj^ had, after 1765, no land revenues to collect. He shared the work of collect- ing the customs duties and port dues with the water-bailiff till 1832, when he was superseded by the appointment of a collector, who was taken from among the members of the English customs service. It would seem that, between 1832 and 1835, this official performed no duties t whatever, but, in the latter year, he was constituted Chairman of the Harbour Board, a body which was at that time appointed by the English Government, t Till 1791, he was deprived of his seat in the Council on the ground that he was not appointed by patent under any of the royal seals, but he was then, on the representation of the commissioners, restored to it. * After 1826, the offices of seneschal and Crown receiver were usually held by the same individual, he, in the latter capacity, collecting the manorial, mine, and other Crown rents as the agent of the Commissioners of Her Majesty's " Woods, Forests and Land Revenues," who have the sole management of the Crown property and revenue in the island. f His title of " receiver-general ' was continued, though he received nothing but his salary. I See p. 799. THE CIVIL CONSTITUTION 799 He did not, however, take advantage of this privilege till 1813.* Between 1832 and 1872 he did not sit in the Council, though there seems to have been nothing to prevent his doing so. In 1872, when the appoint- ment of the Harbour Board was vested in the governor, subject to the approval of Tynwald, he resumed his seat.f The water-bailiff seems also to have been con- water-baiuff. tinned to be called "collector" between 1765 and 1791, during which period he was deprived of his seat in the Council for the same reason as the receiver-general. After that date, except between 1852 and 18G6, when he held inquests of deaths, he exercised his functions as "Admiralty" judge only, and was restored to the Council, though it is not recorded that he sat in it till 1819.:^ He continued to be a member of that body till 1885, when his office was done away with. The attorney-general remained as before, and, as g^neraf and regards the deemsters, the sole change was a tern- '^'^'^"^s*"'^- porary one, there being only one of them between 1777 and 1793. § A new office, that of clerk to the Council, was emmdi'**^^ created shortly after the Eevestment, and, in 18G7, a treasurer was appointed. These offices, with that - Lib. Jurat. f By 35 and 36 Vic. c. 23. I Lib. Jurat. The offices of receiver-general and water-bailiff were occasionally held by the same individual. § It should, however, be noted that, since 1765, the words expressing that their appointments are " during pleasure " have been omitted from their commissions. 800 HISTORY OF THE ISLE OF MAN of governor's secretarj', are at present held by one person. In 1777, the office of captain of the towns was abolished, its "civil" duties being transferred High-bailiffs, to high-bailiffs, who, in 1857, also became presidents of the licensing courts in their districts.* In 1866, the duty of taking inquests of deaths was transferred to them. After 1860, their powers as to ordering the repairs of streets, removal of nuisances, &c., were taken over by popularly elected bodies.! The coroners, lockmen, and moars remained as before, except that, after 1852, the coroners no longer took inquests of deaths. The runners have been dispensed with. Changes in the 'Wq havc now to consider the changes which the courts of " justice. Courts of Justice have undergone since the passage of the Revesting Act. By that Act, the judicial authority of the lord being abolished, the Court of the King in Council, or the Privy Council, became the immediate, as well as the last, court of appeal from the insular jurisdictions. The manorial courts were necessarily reserved to the Duke of Atholl, as being lord of the manor, and were, in common with the baron courts, called " Courts Baron," the books and enrolments belonging to them being separated from those of the other courts and delivered to the seneschal, who presided over them. In 1777, their civil jurisdiction, which had for some time past been obsolete, was abolished. To all the other changes, as they are more interesting to the lawyer than to * Statutes, vol. ii. p. 423. These courts are more especially referred to in Book TV. p. 581. f See Book V. THE CIVIL CONSTITUTION 801 the student of history, we propose referring very briefly.* By the Acts of 1777 and 1796 provisions were made for regulating the proceedings of the superior courts, and the Common Law Courts, instead of being held only twice a year, were ordered to be held on specified days once in each of the four legal terms, both in the northern and southern districts.! High-bailiffs' courts were in the former year estab- lished in the towns, with jurisdiction in matters of debt, not exceeding 40s. I in value, arising in the districts alloted to them,§ subject to an appeal to a deemster. In 1814, it was enacted that foreign debts should be recovered in the same way as debts contracted in the island, and, to facilitate this process, it was decided that the judgments of the British courts should be recognized in the Manx courts as evidence of the debt.li In 1825, the composition of the Court of General Gaol Delivery ceased to be identical with that of '^'- Moreover, the only way to really study them is by reading the Statute books. f They are still held on these days. I This was, at first, in Manx currency = 34s. 3^d. English, but since been raised to 40s. in English currency. § To Douglas : Braddan, Conchan, and Santon ; to Ramsey : Lonan, Lezayrc, Bride, Andreas, and IBallaugh ; to Peel : German, Patrick, and Marown ; and to Castletoion : Malcw, Eushcn, and Arbory. II This was, probably, no more than declaratory of the Common Law, as the rule of private international law is that civihzed nations recognize and give effect to final judgments of other civilized countries. 802 HISTOEY OF THE ISLE OP MAN the Tynwald Court, since the Council (as a body) and the Keys were deprived of their right of sitting in it.* This court is now composed of the governor (whose presence is indispensable), the clerk of the rolls, and the two deemsters (of whom two at least must be present). It is held " as occasion shall require " by order of the governor. The jury connected with it consists of twelve men, and its procedure and rules of evidence are similar to those in the criminal courts in England.! At about the same time as the change in this court, possibly owing to the influence of the fourth Duke of Atholl, the deemsters ceased to attend the Chancery Court, thus leaving the governor and the clerk of the rolls as its only members. Such were the chief changes in the Manx judicial system up to 1825. Between that date and 1883 I there was no alteration of importance, but by the passage of the Judicature Act in the latter year the whole system was transformed. § i-- See pp. 826-7 for discussion of this. f We may note that, of the various juries mentioned in our first constitutional chapter, tlie Great Enquest, the Setting Quests and Trespass Juries are the only ones which are still occasionally called upon to exercise their ancient functions. I Since the passing of the Criminal Code in 1872 all felonies and misdemeanours, with the exception of offences punishable by death or by penal servitude for more than ten years, and certain other specified offences, which are triable only in the Court of General Gaol Delivery, and misdemeanours punishable on summary conviction, may be tried cither before the Court of General Gaol Delivery or before a deemster and a jury of enquiry, at the discretion of the attorney-general. § It makes, however, no change in the right of ultimate appeal to the Sovereign in Council. TPIE CIVIL CONSTITUTION 803 Law and equity were fused and the whole legal and equitable jurisdiction of the various courts was transferred to the High Court of Justice. The Courts of General Gaol Delivery, the high- bailiff's courts and Petty Sessions * were not affected, nor were the ecclesiastical courts, except as to certain appeals. But, in the following year, the jurisdiction of the latter courts over probate and matrimonial cases was transferred to the temporal courts, and, in 1885, rules, similar to those made under the English Judicature Acts for the regulation of the High Courts, were approved by Tynwald. The effect of this legislation has been virtually to assimi- late, with very few exceptions, the Manx practice in the administration of justice f to the English, t The procedure, however, is still somewhat antiquated and cumbrous, and tends to unnecessary delay in the settlement of suits. The Legislature. Up to the time of the Revestment the Tynwald '■■' These courts do not differ in constitution from the courts of the same name in England, but there are some shght variations in their practice. f It is of interest to observe that the Act by which a person charged in any criminal proceedings with the commission of any olfence was made a competent witness at the hearing of such charge was passed in Man in 1886, thus anticipating similar legislation in England by twelve years. \ A comparison of pages 747-758 and 800-3 with Appendix D, where the changes made by the Act of 1883, &c., are referred to in some detail, wiU give our readers an outline of the Manx judicial system at the present day. (For the substance of this appendix we are indebted to Mr. G. F. Clucas, advocate.) 804 HISTOEY OF THE ISLE OF MAN Court * passed laws concerniDg the government of the island in all respects and had control over its ^TOdifced b finances, subject to the approval of the lord. After ^cl^^**'''^^^'^ the Revestment, or rather after the passage of the Mischief Act in the same year, Imperial Parliament legislated with respect to customs, harbours, and merchant shipping,! and, in measures of a general character having reference to the Empire at large, it occasionally inserted clauses, without the consent of Tynwaldjt by which penalties in contravention of those Acts might be enforced in the island. It also assumed the control of the insular customs duties. These actions could only be justified on the ground that Parliament is supreme in all the Crown's dominions, § a principle which it had proved impos- sible to enforce with regard to the American Colonies, but which the Isle of Man was powerless to contest. Such were the changes which, rather than the '■'- It is to be understood that the expression " Tynwald Court" includes the governor, as well as the Council and Keys. t Manx Soc, vol. xii. pp. 193-4. I Even before the Eevestment, however, there were excep- tional instances of such interference. Parliament has never legislated with, regard to the internal government of the island. § See pp. 738-9 for decision in 1523. It is clear that the right to tax the Manx people could not have been acquired by the purchase from the Duke of Atholl, as he had no power to impose customs duties or to legislate without the consent of the Tynwald Court. Tlie duke's advocate, when arguing his case before the Lords, in 1781, said " no lawyer ever did or I believe ever will dispute that it is competent for the King, Lords and Commons in Parliament to bind the Isle of Man " (Pamphlet 1783). THE CIVIL CONSTITUTION 805 transference of the sovereignty from the lord to the King of Great Britain and Ireland, though this was also not without its effect, modified the Constitution of the Isle of Man. Its ancient laws and tenures were, however, not interfered with. We v^ll now endeavour to show how the position coui-T.^"^^^'^ of the Tynwald Court has been altered since 17G5. Practically no effort was made for many years to regain the rights of which it had been deprived, and, in 1793, it was, for reasons which have been already explained * placed in a worse plight than before by the appointment of the fourth Duke of Atholl as governor. The efforts both of the Keys and of the people to obtain greater authority for Tynwald, t to which we have referred in Book IV., chapters i. and ii., were mainly directed towards securing for it a share of the control over the insular revenue. But nothing was accomplished till 1853, and then only a very small concession was made, though it was admitted in principle that the Imperial Government should not impose new taxes, or increase existing taxes, without the consent of the Manx people. I It was not till 1866 that any real advance was made towards freeing Tynwald from the bonds that had been imposed upon it, but then, though the Manx people did not obtain all that they had hoped for, they very greatly improved their political position. It is certain that * Sec ]3ook IV., ch. i. f It ceased, as wc point out elsewhere, to be a judicial body, under the title of the Court of General Gaol Delivery, in 1825. I " Isle of Man (Financial Measures). Return to an order of the House of Commons, dated March, 1866," p. 2. 806 HISTOEY OP THE ISLE OF MAN they would not have succeeded in doing so even at that time, if it had not been for the influence and assiduity of Governor Loch — a fact which should never be forgotten by Manxmen. In 1865, the financial position of the island was discussed by the governor and the Treasury, with the result that it was agreed that Tynwald, provided it would consent to a large increase in the customs duties, should have the control of the surplus revenue, subject to the veto of the governor and the Treasury, and after the deduction of certain payments and charges.* The agreement between the governor and the Treasury, which was embodied in a minute, dated the 21st of December, 1865, was laid before the Legislature by the governor in a private conference on the 15th of March, 1866. In doing so he remarked that it was a matter of notoriety that the funds available for public works were altogether inadequate to meet the increasing requirements of the country ; he stated that the Government had, therefore, " consented to an increase of duties, and that the Island should have the full benefit of the increase; "t that an Act of Parliament would be necessary to enable this to be done; and that "the Government would not bring in such a measure without first obtaining the approval of the Insular Legislature."! At the same time he intimated that these proposals were subject to the condition (not referred to in the printed correspondence) that the Keys should consent to '■'•'■ For a full discussion of this see Book IV., ch. ii., § 4. f Keys' Journals. THE CIVIL CONSTITUTION 807 become an elective body. The Keys then retired to their chamber and passed a resolution to the effect that they were " prepared to consider any legislative measure necessary to make their House " an elective body,"* but that both this question and the other proposals were of too much consequence to be determined by them on their exclusive responsibility, and that therefore they should be " laid before the country."* On this resolution being reported to the governor, he rejected the suggestion that the country should be consulted, and said " that it was strictly a matter for the Insular Legislature to determine."* The Keys, meekly acquiescing in this view, again retired and drew up the following : " The Keys having this day taken into consideration the impor- tant communication made to them by His Excellency, the Lieutenant-Governor, by which they have been informed that the British Government is prepared to propose a new scale of Customs Duties for the Isle of Man, by which scale the duties upon several articles will be considerably increased, but proposing also that any increase in the Revenue which may be the result of the proposed changes shall be for the benefit of the Island . . . and at the disposal of the Insular Legislature, — Eesolved that, inasmuch as it appears to the Keys that the proposed changes would be for the benefit of the Island, they are prepared to concm" in a legislative enactment necessary to give effect to these proposals — the Keys reserving the right to consider matters of detail."* They also * Keys' Journals. 808 HISTOEY OP THE ISLE OP MAN expressed their readiness to pass an Act to make the House an elective body. It is, of course, palpable that the Kej^s had not had sufficient time fully to apprehend the important questions so suddenly brought before them ; indeed, one of their body said, at a later date, that they had been "driven into a corner," and that they had given their consent because they " felt that they could not take upon themselves the responsibility of rejecting " the pro- posals, which were " represented as being so advantageous to the Island," and he naively confessed that he " did not understand the question at the time."* When the governor had received the resolution of the Keys, both branches of the Legislature met in Tynwald on the same day (the 15th of March). At this meeting the governor made a lengthy statement to the court which was to the same eifect as the statement made by him to the Keys previously, and he suggested that a committee of the court should be appointed to go into the details of the financial proposals of the Imperial Government with him. This suggestion was agreed to by the Tynwald Court, and the committee, at an adjourned court on the 20th of March, reported in favour of the acceptance of the proposals, subject only to a proviso which, being found unworkable, was afterwards abandoned.! The Tynwald Court concurred, and ■■'■ E. C. Farrant in debate (in the Keys) of the 22nd of June, 1866 {Manx Sun of June 30, 1866). I It was that " such a change bo made in the Customs Consohdation Act as will prohibit the removal to this Island of duty-paid goods in transit, and make aU duties payable on THE CIVIL CONSTITUTION 809 re-appointed the committee to act with the governor " in watching the progress of the Act of Parhament necessary to carry out the financial arrangements."* The committee thereupon proceeded to London. The Act,f which they were deputed to "watch," was passed on the 18th of May. It contained, among other clauses, the following, which certainly stretched the powers of the Treasury heyond the limit placed upon them by the minute to which the Tynwald Court had assented : " The Commissioners of Her Majesty's Customs shall apply the duties of customs collected in the Isle of Man (except the necessary charges of collecting, recovering, and accounting for the same, which charges they are hereby authorized and directed to retain and pay out of the gross amount collected, notwithstanding the provisions of the Act of the 17th and 18th of Victoria, chapter 94) in manner following (that is to say) they shall thereout pay and defray the necessary expenses attending the government of the Isle of Man, and the administration of justice there, and other charges incurred in the Isle which have heretofore been or may hereafter he deemed fit and proper charges to be deducted from and paid out of the duties of customs collected in the Isle of Man, including so much (if any) of the services which shall have been voted by the House of Commons applicable to the Isle of Man arrival in this Island " (" Isle of Man : Financial IMeasures," p. 22). An arrangement was come to about this matter at a later date. (See p. 721). - Keys' Journals. f 29 Vic. c. 23. 810 HISTOEY OF THE ISLE OF MAN as the Commissioners of Her Majesty's Treasury shall from time to time direct : Provided that no part of the said duties of customs shall be applied for or towards any of the Navy services, except the salaries and expenses of the Coast-Guard service of the Isle of Man, and that no part of the said duties of customs shall be applied for or towards any of the Army services, except the charges of the Volunteeers of the Isle of Man." Having this Act before them, the Keys met on the 23rd of May and protested that " when on the 15th of March they agreed to the Fiscal changes lately introduced into the Island," they "were led to believe that any surplus revenue which would arise from the increase of the duties thereby created would be at the disposal of the insular Legislature." * The impression on their minds had evidently been that the Tynwald Court would have control over the whole surplus after deducting the charges referred to in the Treasury minute, i.e., that their power would extend over the whole increase consequent on the additional duties and therefore over any new charges, including all increases in the salaries of the officials that might be necessary. But they perceived that the clause just quoted gives the Treasury, not Tynwald, the power to increase those charges, and only leaves Tynwald the ultimate surplus.! Kecog- ■'• Kej's' Journals. f This power was, of course, unlimited, and it might, there- fore, be extended so as to absorb the whole of the surplus, though it is in the highest degree improbable that this would ever be done. THE CIVIL CONSTITUTION 811 nizing the mistake that they had made, they passed a resolution that " no increase in the salaries payable to the officials of the Island should be made without the consent of the House of Keys is first had and obtained"* — a resolution which, after the Imperial Parliament had legislated on the question, was altogether futile. The Tynwald Court met on the 8th of June, when the governor, in reply to the resolution of the Keys, referred to the clause in ques- tion, and said that no one could possibly have been misled, because, when " the question had been raised on a former occasion in the Tynwald Court, he had distinctly stated that the Government reserved to themselves the entire control over the expenditure for the government of the Island." * He pointed out that the court had already approved of the Treasury Minute which entrusted the control of these salaries to the Imperial Government, and that a committee of the court had agreed to the Bill founded on that Minute. But he added that he had suggested to the Treasury that, "before any permanent increase in the expenditure was made, the matter should be laid before the Tynwald Court and that it would then be open for the Court to make any suggestions it thought fit."t At the same time he stated that " it would be for the Government to decide whether they would adopt these suggestions or not,"t but he -- Keys' Journals. I Ibid. We may mention here that the Government sliovtly after this raised some of the salaries in question without giving Tynwald an opportunity for making the suggestions referred to. 812 HISTORY OF THE ISLE OF MAN assured the court that the Government wished it "to have the sole control" of the surplus revenue, and that they would not "interfere" with this control, " unless in some gross case of misappropria- tion."* Governor Loch's position was an impreg- nable one, so that there was nothing left for the Keys to do but to submit to the situation.! This may be summarized as follows : The TjTiwald Court's control of the surplus revenue is subject to the veto both of the governor and of the Treasury ; the Imperial Government, after intimating its inten- tion to Tynwald, fixes the rates of the customs duties ; and the salaries of the officials and the cost of government are at the absolute disposal of the Treasury. Notwithstanding these limitations, how- ever, the practical result of the negotiations of 1865 and 1866 has been to give Tynwald, if not the sole control of, at least a substantial share in, the disposal of the surplus revenue. The Manx people had thus made a distinct advance towards greater political freedom, having obtained what may be described as " Home Rule during pleasure." Since then, more- over, several modifications, to which we will now refer, have been made in the direction of giving the -'• Manx Sun, June 16, 1866, I Beyond gi-umbling at the supposed laches of the members of the committee that went to London for not watehmg their in- terests more carefully. One of their members, William Callister, remarked, " It just comes to this, that we are to spend the money just as they [the British Government] tell us, and the idea that the representatives of the island will have the right to expend it is all moonshine" {Manx Sun, July 14, 1866). THE CIVIL CONSTITUTION 813 insular Legislature greater authority. The Treasury's power of veto over expenditure, which was occasion- ally enforced at first, owing to the small amount of the surplus, has of late years " tended to become more and more a matter of form."* In 1872, the Tynwald Court, which, in 186G, had gained the right to decide, subject to the approval of the governor and the Treasury, what harbour works should be undertaken, gained also the control over the Harbour Board and the power of vetoing the nomination of its members (except that of the receiver-general, who is chairman ex-officio), which is vested in the governor.! In 1878, it was admitted by the Law Officers of the Crown that the insular Legislature was competent to pass measures relating to Church temporalities, even though the Crown was interested in them.j In 1886, when attention was called to the fact that some increases had been made in the salaries of insular officials without Tynwald being informed of such increases, the then governor, AValpole, " while reserving the rights of the Imperial Government and his successors," gave "a personal undertaking that he will make no addition to the cost of - Land of Rome Eule, p. 274. It should, however, be mentioned that, since this was written (in 1893), some friction in reference to expenditure has arisen. f By 35 and 36 Vic. c. 23. I The insular Legislature consequently passed the "Bishops Temporalities Act" {Statutes, vol. iv. pp. 514-19). For a dis- cussion of this question see an able memorandum by Sir James Gell in Manx Sac, vol. xxxi. pp. 21-32. VOL. II. 53 814 HISTOEY OF THE ISLE OF MAN government without first acquainting the Tynwald Court."* He was, however, careful to say that he did not ask the concurrence of the Court in the proposed changes, but merely gave it an opportunity of objecting to them. At the same time, however, he gave an undertaking that he would bind himself ** to defer to its decision if the objection is sustained on a division." * By this he seems to have intended it to be inferred that, although he could not, for constitutional reasons, allow Tynwald, in the teeth of the Act of 1866, to have a voice in the voting of salaries, he was prepared to give an opportunity for objection, and, indeed, as far as he was personally concerned, to go further and defer to the opinion of the Court. This course has not been invariably followed by his successors. In 1887, a further grievance was removed by Tynwald being allowed by resolution to " impose, abolish, or vary" the customs duties, subject to the approval of Parliament or the Treasury, such change to take effect immediately and to continue for six months, and, if Parliament be then sitting, to the end of the session, provided that the same be not in * Land of Home Rule, p. 274. In 1880, when the " Burials Bill " was passed by the Lords, the governor (at the request of the Tynwald Court) obtained a promise from the Imperial Government that, in future, no Imperial Act, which affected the Isle of Man, should be passed without his being first informed of it. On this condition, Tynwald gave an under- taking that it would introduce legislation on this question, and the lale of Man was, thereupon, struck out of the Bill. THE CIVIL CONSTITUTION 815 the meantime annulled by the passing of an Act of Parliament, or a Treasury Minute.* Before this change was made, the intimation to Tynwald respecting any proposed alterations of the customs duties had been a mere form, because, as it was asked to pass a concurrent resolution with that before Parliament, it was deprived of the opportunity of giving adequate attention to the important ques- tions which might be involved. After the Revestment the Council became a much The council. more stable body. Its composition, as we have seen, varied from time to time, especially during the earlier part of the period. These variations, however, took place for substantial reasons, and not, as had previously been the case, at the caprice of the governor. Thus, between 1777 and 1793, the ecclesiastical ofticers f were excluded, on the ground that they were appointed by a subject, the Duke of Atholl, not by the Crown. During the same period there was only one deemster, one being then con- sidered sufficient for the duties of that office, and the receiver-general and water-bailiff did not sit in the Council whilst they were customs officers only. | - 51 Vic. c. 5. f This refers to the Legislative Council ; they were never members of the Executive Council. The Keys petitioned the House of Commons against their restoration to the Council in 1793, remarking that, in their opinion, there could not "exist a greater solecism in politics than a claim on the part of a subject to obtrude members on his Sovereign's Council " (Pamphlet: "A Short History of the Transactions in the Isle of Man," p. 4). I Between 1777 and 1793, only such of the officers as had commissions under the royal seals sat. 816 HISTOEY OF THE ISLE OF MAN The Keys. Keys become a close corporation. Agitation against tliem. In 1825, the Council, as a body, ceased to sit in the Court of General Gaol Delivery. In recent times its composition has undergone no change. Its present members are the bishop, the clerk of the rolls, the two deemsters, the attorney-general, the receiver-general, the archdeacon, and the vicar- general.* In 1882, its meetings were held in public for the first time. At the beginning of this period we find the Keys, whose system of self-election was firmly established, practically holding their office for life.f They were, in fact, gradually becoming a close corporation, recruited solely from a few of the principal insular families, and, though they called themselves the representatives of the people, they really represented no one but themselves. This being so, it is not surprising to learn that the people took the oppor- tunity, when the Commission of enquiry came to the island in 1791, to protest against their system of self-election and to demand their election by popular suffrage, t Exception w^as taken, at the same time, to their sitting in private§ and passing laws of which the public had no knowledge. || On the remonstrance of the commissioners, the Keys ■■' The second vicar-general was abolished in 1846. The vicar-general is now paid out of the Civil List, though appointed by the bishop, a most anomalous aiTangement. f The latest instance of a "Ke}'" being removed by a governor was in 1734. \ Commissioners' Report. App. (D.) No. 2. § Objection had previously been made to this, in 1788. See Appendix A. Book IV. Ch. I. II Commissioners' Report, pp. 85-6. THE CIVIL CONSTITUTION 817 promised to reform their procedure in these respects,* and again, in 1822, they resolved that " in future the door of the House of Keys shall be open to the public during the debates of the House."! In 1823, the speaker, in addressing the House, declared that they would "legislate on no subject that has not been previously submitted to the country," that they would encourage the free communication of the people's " views and opinions individually and collectively, by opening the doors of this House to their petitions and representations, presented through the medium of a member " and that they would endeavour to frame their measures, as far as practicable, "in conformity to their interests, their feelings, and their judgments."! Nevertheless, the Keys almost invariably sat in private between 1792 and 1822, and, usually, between 1822 and 1833. In the latter year the agitation t against them was resumed, and, in addition to the previous charges, they were accused of unduly controlling the verdicts of juries, of levying rates on the public without their consent, of disposing of these rates without render- ing any account and of passing injurious laws. A * In 1793, it was announced in the Manks Mercury that "The Keys unanimously entertain the laudable resolution of throwing the House open to the public." f Manks Advertiser. X It should be remembered that, till 1864, this agitation was the work of a minority. Many Manxmen were hostile to any change, the organ of one party going so far as to say that "popular election would bo the greatest curse that ever fell on the island" {Ibid.). 818 HISTOEY OF THE ISLE OF MAN petition containing these charges, together with a demand that the people should have the right of choosing their own representatives, was sent to King "William IV. by a number of Manxmen. In 1834, two petitions were presented to Governor Keady asking him to convene the Legislature for the purpose of taking into consideration the election of the House of Keys by the voice of the people. Nothing having come of these petitions, a further appeal was, in 1838, made to the governor, to " form a constituency of the inhabitants of the Island, for the purpose of electing the members of the House of Keys," which elicited the following answer : " Such a change in the Constitution of the Isle of Man cannot be agreed to ; and I have further to inform you that, if reform in the House of Keys is found to be really wanted, a representation from the Island in Parliament may be the measure of reform adopted." Notwithstanding this reply, a similar petition was sent to Her Majesty in the same year, and again, in 1844, to the House of Commons. This last petition was referred to the Keys, who, in January, 1845, described the statements contained in it as " false and delusive." They admitted " the general principle of popular election," but denied that it would be beneficial, as "it would necessarily entail a considerable expense upon the people, and, from the isolated position and very limited extent of the Island, would engender a degree of bitter animosity among neighbours, highly prejudicial and strongly contrasted to the hitherto peaceful state of THE CIVIL CONSTITUTION 819 society." * They concluded by asking for a Com- mission of enquiry. In February, the Home Secretary, Sir G. Grey, wrote to the governor giving a similar reply to that from Governor Keady with regard to the demand of the memorialists f for popular representation, but he added: " The union of legislative and judicial functions in the House of Keys, coupled with the fact that a considerable portion of its members consist of advocates of the Manx Bar, is open to objection in principle . . . the absence of any efficient check on the levying of rates for local or municipal purposes and the alleged enactment of laws, without the opportunity being offered for the expression of any public opinion with regard to them, are grounds of complaint which seem to merit careful consideration." * He asked the governor to call the attention of the Keys to these points, and expressed a hope that the House would do something to remedy the grievances. The Keys, after a full consideration of this letter, replied denying that laws were passed without the know- ledge of the people and that the union of legislative and judicial functions in their body was open to objection in principle. They, however, admitted that it would be better that advocates, who were members of the House of Keys, should not sit when appeals from cases in which they had been employed came before it. They referred to the fact that it was the * Mono's Herald. f The chief leaders of the reformers were Wra. Callister, Ramsey ; Wm, Kelly, Robert Fargher, and John Duff, Douglas. 820 HISTOEY OF THE ISLE OP MAN Tynwald Court, not the Keys alone, which levied rates and taxes, and they pointed out that duly audited accounts of the public expenditure were deposited in the Rolls Office and were open to inspection without charge. Nothing further of any importance as regards the question of reform took place till 1853,* when the Secretary to the Treasury (Wilson), in discussing the proposed fiscal changes with the deputation from the Keys, hinted that, if the Keys were elected by the people, the Treasury might make financial con- cessions to the island, but that, otherwise, it could In 1853 the not do SO. The two members who composed the Keys agreed to . the principle deputation t Conferred with their colleagues on their of popular •■- ° election. rctum, and went back to London bearing a resolution of the Keys agreeing to the proposed change, but they were disappointed to find that Wilson had no authority to make any such offer. In 1864, the actions of the House of Keys in refusing increased powers to the Douglas Town Commissioners and in prosecuting the proprietors of two insular news- papers for their comments thereon revived popular feeling against them. 1 These facts, together with the * In 1848, Dr. Bowring brought forward a motion concerning the grievances of the Manx people in the House of Commons, but, on Sir G. Grey promising that they should be looked into, he withdrew it. f George William Dumbell and William Callister (see Keys' Journals in 1866). I These were J. C. Fargher, of the Mona's Herald, and James Brown, of the Isle of Man Times. At the next meeting of the Keys it was resolved that the comments in these newspapers were " a contempt of the House and a breach of its privileges," THE CIVIL CONSTITUTION 821 urgent need for more money to continue the insular The reasons ® _ •' ultimately harbour works, made it clear to the astute Governor bringing about ' their popular Loch that a change in the constitution of the House *^^''°''^<^°- was inevitable. He, therefore, when in corres- pondence with the Treasury, in 1865, about revenue questions, proposed that the concessions asked for should only be granted on condition that the Keys became an elected body.* The Keys, after some negotiations,! agreed to this, and passed a Bill, which became law on December 20, 1866, to render their House elective. In its preamble there was a declaration that it was " expedient that the present system of selecting persons to serve as members in the House of Keys should cease," and that it was desirable " to provide for the election by people of property and intelligence in this Isle of members to serve in such House, and to abolish the judicial powers of the said House of Keys." \ The Electoral •IT iT'TT- districts island was consequently divided into ten electoral formed, districts, consisting of the towns of Peel, Ramsey, and the two proprietors above-mentioned were summoned to the bar of the House to answer for their conduct. Mr. Fargher apologized, and was pardoned, but Mr. Brown stated that he considered his comments quite justifiable. He was, conse- quently, condemned to six months' imprisonment, but, having appealed to the Court of Queen's Bench, he was soon set free, and afterwards awarded heavy damages for illegal imprisonment in an action at law, which he brought against the Keys. The decision was to the effect that, since the House was sitting in its legislative and not in its judicial capacity, it had no power to commit for contempt. •'= This condition is not mentioned in the printed corres- pondence. t See pp. 806-8. \ Statutes, vol. iii. p. 372-421. 822 HISTORY OF THE ISLE OF MAN The qualification of voters in 1866 and changes since introduced. Qualification of members. and Castletown, having one member each ; the town of Douglas, three members ; and the sheadings of Glenfaba, Michael, Ayre, Garff, Middle, and Eushen, three members each. In 1892, a further electoral district was added by dividing Douglas into two districts, the northern returning three members and the southern two members, while the sheadings of Garff and Michael were deprived of one member each.* In 1866, the qualification of voters was that they must be males of full age, who had to be owners of real estate of the value of not less than eight pounds, or tenants paying a net annual rent of not less than twelve pounds.! By the Act of 1881 the franchise was conferred upon every person who, (1) being a male, or a spinster, or widow, is the owner of real estate within the district of the annual value of not less than £4: ; or, (2) being a male, is the occupier of real estate within the district of the annual value of less than £4: ; or, (3) being a male, occupies lodgings of the annual rental of not less than ^10. By this Act female owners, not being married, were admitted to the franchise, being placed on the same footing as male owners,! the Manx Legislature thus taking the lead of all others in this important reform. In 1892, women (being spinsters or widows), who were occupiers of real estate worth not less than £4 annually, were also given a vote.§ The qualification of members who, in 1866, * Statutes, vol. vi. p. 381. f Ibid., vol. iii. pp. 374-5. I Ibid., vol. V. pp. 95-6. § Ibid., vol. vi. p. 381. THE CIVIL CONSTITUTION 823 had to be males of full age, and owners of real estate of the value of £100, or of real estate to the annual value of £50, together with personal property of £100, was altered in 1881 so as to apply to owners of real estate of the annual value of £50, "and together therewith be also possessed of personal estate . . . actually producing the yearly income of £100, or," [as an alternative], " personal estate pro- ducing the yearly income of £150." * Finally, by the Act of 1892, the property qualifi- cation was done away with, so that any male of full age, not being a clergyman, could be a member.! In 1866, the powers of the Keys were defined to be Powers and^ those of electing their speaker, of punishing con- the Keys. tempts committed before their House by fine and imprisonment and, by the Act of 1876, of punishing libel by a fine not exceeding £50, or by imprisonment not exceeding six months. It was also provided that " nothing in this Act contained shall affect, or in any manner be construed to affect, the inherent powers heretofore exercised by the House of Keys as a legislative body; I and that " after the promulgation hereof the House of Keys, and the several members thereof . . . shall ... be entitled to and enjoy the same rights and privileges, in as full and ample a manner as the House of Keys, and the several members thereof for the time being, and persons elected to be members thereof heretofore had, - Statutes, vol. iii. pp. 372-421. f Ibid., vol. vi. p. 384. I For the loss of their judicial authority (see pp. 826-8). 824 HISTOEY OF THE ISLE OE^ MAN exercised, and performed, and was or were entitled ?rm"eges. ^° ^^^ enjoyed." * One of these privileges, which was disputed before the Eevestment, and continued to be disputed till a recent date, is their right, when once assembled, to regulate their own sittings, which was objected to on the ground that it clashed with the Governor's prerogative of being able to summon them as often as he thought proper, t This led to coUisions early in the present century between them and the then governor, the Duke of Atholl, which resulted in the Keys keeping their sittings alive by adjournment for a number of years.! In 1871, 1874, and 1880, difficulties on this point again arose, and, on the last occasion, the Keys made a long statement of their case, the pith of which is contained in the following sentence: — '' Whenever the Keys are called together under precept, whether specially for a Tynwald Court, or otherwise, they claim it as an indisputable right to adjourn their sittings from day to day, and from place to place, as may suit their own convenience ; and this right the members of the old House, as well * StattUes, vol. iii. pp. 407-8. Among these the right to try questions of the rights of members to their seats was specially reserved by the House of Keys Election Act of 1866. f This prerogative was confirmed by Section 125 of the House of Keys Election Act, 1866, which enabled him to summon the House or to prorogue it, though adjourned or prorogued to a more distant day {Statutes, vol. iii. p. 409). He was also, by the same clause, given the power to prorogue the House, or to dismiss it and issue writs for a new election. I This action of theirs does not seem to have been disputed at that time. THE CIVIL CONSTITUTION 825 as those of the elected House, have not only always maintained, but have constantly exercised." * To this the governor replied that it had "never been his intention to question the power of the House to regulate, after reporting progress, . . . their own adjournments"; f and so the question remains. I Another question arose in 1879, owing to the governor having demanded the attendance of the Keys, who were in session, at a Tynwald Court, as a matter of right. The Keys denied his right to do so, in the absence of a summons under precept ; but the governor has since then exercised this power, and, seeing that it is manifestly reasonable and convenient that he should be able to do so, it is not likely to be disputed in future. The increased amount of legislation during the Amount of " legislation last forty years is strikingly shown by a reference '^astwid^^ to the six volumes of the Statutes. During the compared. period between 1417 and 1824 all the laws passed are contained in 425 pages ; between 1824 and 1863, 568 pages were required ; during the governorship of Loch (1863-1882), 1,180 pages; and, during the governorship of Walpole (1882-1893), 1,046 pages. In 1865, the promulgation of the whole of the Acts ■■' " Constitution " {Manx Soc, vol. xxxi. p. 18). f Ibid. p. 14. I It is manifest that the Keys could render the governor's summons futile by exercising their right to regulate their sittings, because, when they assembled under precept, they could adjourn to another date. Continued obdurac}', however, would, no doubt, be followed by the governor dissolving the House, and issuing writs for a new election (see note f p. 824). position. 826 HISTOEY OF THE ISLE OF MAN in English and Manx, which had hitherto been the practice, had become very tedious on account of the number and length of the Acts. Moreover it had long since been rendered unnecessary by the increase of education among the people. It was, therefore, enacted that, in future, only the titles of the Acts, with the marginal summaries of each of their sections, and the official document signifying the Eoyal assent, should be read in English and Manx.* In 1895, the more intelligible course of reading a brief precis of the contents of the Acts, in Manx and English, was adopted. Important changes have been made during this ul^eh^udlcfaf pei'iod in the judicial powers of the Keys. It would appear that, early in 1823, the Duke of Atholl had complained to the Secretary of State that the Keys had been in the habit of exceeding their powers as members of the Court of General Gaol Delivery, pointing out that, though they were supposed not to interfere with juries unless they thought they had acted mistakenly or corruptly, they had gradually taken the position of voting on every case, and therefore, since no decision of theirs was valid which was not signed by thirteen members of their body, justice was often obstructed or delayed. After making due enquiry, the Secretary of State decided that the Keys did not legally form a part of the Court, that they could not interfere with its proceedings, nor have a voice in the sentence or judgment. "*= Statutes, vol. iii. p. 177. THE CIVIL CONSTITUTION 827 It was also decided, at the same time, that the Council, as such, could no longer sit in the Court, At the next meeting, therefore, the court sat with- out the council and Keys, and so, on its trying one Kelly for burglary, his advocate pleaded that the court was not legally constituted by reason of the absence of the Keys, and was, accordingly, in- competent to try the case.* The plea was over- ruled, and the trial proceeded. Kelly, having been found guilty and sentenced to death, presented a petition to the king for a reversal of the sentence. The House of Keys also presented a petition to the House of Commons against their exclusion, declar- ing therein that they " would infinitely prefer the abolition of the present system of government to the success of the present system of encroachments, which, in preserving the mere semblance of an internal constitution, would leave it utterly inefficient to any salutary purposes." f Keceiving no answer, they appealed to the Privy Council, before whom, in July, 1825, their case, with that of Kelly, was argued, t It was decided that, by the laws of the Isle of Man, the Keys do not form an integral and constituent part of the Court of General Gaol Delivery, and that their not having been summoned did not affect the validity of the judgment pro- nounced against the petitioner. In 1866, the last * No exception was taken to the absence of the Council. f Keijs' Papers, see also Pamphlet (1824) p., 15. I The solicitor-general (Sir Charles Wetherall) and Mr. Clarke (the IManx attorney-general) for the Crown, and Messrs. Brougham and Alderson for the Keys. 828 HISTORY OF THE ISLE OF MAN vestige of their judicial authority — their appellate jurisdiction — was abolished.* We will conclude our account of the Manx Legislature by referring to the chief changes which have taken place in its procedure,! whether as regards legislative or exe- cutive matters, since the Eevestment. Private bills. rpj^e niost important change in the Manx legislative system has been the introduction of private Bills which were formerly unknown. " Private legisla- tion," says Walpole, " follows much the same course as is pursued with public Bills. Private Bills, how- ever, usually, though not invariably, emanate in Tynwald. A petition is presented to the Governor prajang for leave to introduce the Bill ; the Governor directs that the petition shall be heard in Tynwald on a certain day. The advocate promoting the petition is then called into Tj^nwald and heard ; and the petition is usually referred to a committee to ascertain whether the standing orders of the court have been complied with, and occasionally to report on the merits of the measure. On receipt of the report, a motion is made that leave be given for the introduction of the Bill ; the motion is put, and, if carried, the Governor names the branch of the Legislature in which the Bill will be taken up in the first instance." I "Walpole then proceeds to point out that " in nothing, perhaps, is the advantage ■■'• By the House of Keys Election Act, 1866. {Statutes, vol. iii. pp. 425-8). f The procedure in reference to the introduction and discus- sion of Bills in the two branches of the Legislature is given in Appendix B. | The Land of Home Bute, p. 271. THE CIVIL CONSTITUTION 829 which the Manx enjoy from the existence of their local Legislature so conspicuous as in the case of private legislation. Bills of the utmost importance to the Island, involving perhaps the construction of a new railway, are considered at a cost which is simply trifling compared with the expense of similar legislation in England. Bills of a minor character can be carried at the cost of a few pounds ; and it may safely be stated that no village in the Island, however small, would be deterred from asking for the power which it required to obtain water by compulsion, for example, from any dread of the expense which such an application might entail."* As regards the modern method of dealing with Method of " Iirocedure in financial and other questions in the Tynwald Court Sfun^'^'^^''^ we again quote Walpole : " When the court meets for financial purposes, the two branches of the Legis- lature sit together and the Governor presides. Debate is carried on by the members of both branches. In the discussions on these subjects neither branch has any privilege over the other." f When " divisions are taken, each branch votes separately. The Governor takes the votes of the Council, and directs the Speaker to take the votes of the Keys. The members of neither branch retire while the division is being taken, but merely answer ' aye ' or ' no ' when their names are successively called out. When the division is completed, the Speaker reports the result in the Keys to the Governor, who thereupon announces that ' the Council is of the same opinion,' * The Land of Home Rule, p. 272. f Ibid., p. 275. VOL. II. 54 830 HISTOBY OF THE ISLE OF MAN The executive committees of the Tynwald Court. or that the Council is of a contrary opinion, as the case may be. When the two branches concur in their ojpinion, the question is carried. When they differ in opinion, the question is lost, the separate concurrence of both branches being necessary for its passage." * The power of the Tynwald Court to delegate executive authority to its members, or others, was until 1864, t exercised solely in the selection of the Highway Board. It would appear that, since the Act of 1776 merely states that this committee should consist of five persons, without specifying from which branch of the Legislature they should be selected, its members had been invariably taken from the Keys only, and this continued till about 1835. After that date it became the practice for the Council to have one or two members on this committee, and when, at a later date, other Com- mittees, or Boards, of the Court were constituted, such as the Asylums Board, the Harbour Board, t the Local Government Board, and the Council of Education, both branches were usually represented on them also. On only one occasion of late years has a difficulty arisen in appointing these Boards and that was in the case of the Lunatic Asylum Board, § when " the Council, which was in favour of some extensive additions to the asylum, vetoed * Land of Home Rule, p. 276. f When a Lunatic Asylum Committee was fii"st appointed. I For special position of the Harbour Board, see p. 799. § Since the completion of the Poor Asylum, this has been called the " Asylums Board." THE CIVIL CONSTITUTION 831 the nominees of the Keys ; and the Keys, who were desirous of greater economy in building, vetoed the nominees of the Council. In the result, the Court was kept alive by adjournment, while the Houses agreed each to nominate two members for each vacancy on the Board, allowing the other House the right of vetoing one of those so nominated," * "It is probable," says Walpole, "that with the exercise of a little tact any similar difficulty hereafter arising may be avoided in the same way. Yet it must be acknowledged," he continues, "that, while the forms of Tynwald remain as they are the embarrassment might at any moment recur and become critical. But the highest inconvenience that would consequently result would be the protracted failure to elect an administrative board. In every other respect the machinery of government would go on as smoothly as ever." * APPENDIX A. EXTRACTS FROM THE OATHS TAKEN BY THE VARIOUS OFFICERS. The Governor: "Your allegiance to the King's Majesty of Great Britain reserved ; you shall swear to be true, and true faith and fidelity bear to the Right Honourable Earl Derby, and to his heirs. You shall not reveal the secrets of this Isle, nor houses, nor garrisons therein, to any foreigner or stranger. " You shall truly and uprightly deal between the Lord and his people, and as indifferently betwixt party and party as this staff now standeth, as far as in you Ueth. You shall take the advice and consent of the rest of the Lord's Council of the said * Tlie Land of Home Rule, p. 277. 832 HISTOEY OF THE ISLE OP MAN Isle, in all matters that concern the State and Government of the said Isle and houses. These, and all other things per- taining to the Governor of this Isle, his office and place, you shaU, according to the purport and extent of your commission, and the laws of the said Isle, do and perform as far as in you lieth. " So God you help," &c. The Bishop and Archdeacon swore allegiance in the same way, to be true to the Earls of Derby, and to duly perform their duties, also "to maintain and defend the ancient laws, statutes, and customs " of the Isle, and with their " best advice and comisel to be aiding and assistmg to the Captain of the Isle or Governor for the time being, for furtherance of the government and benefit of the Isle." The Vicars-Generals^ oath was nearly the same, except that the words as oft as they should be " called upon or required " so to do, were added to the clause given above. The Comptroller, Clerk of the Bolls, Attorney-General, and Beceiver were sworn with their best advice and council to aid and assist the Lieutenant, Captain, and the rest of the Council, so oft as was needful, or so often as they should be called upon by them, or any of them, for the furtherance of the government. The special duties of the Comptroller and Clerh of the Bolls, were embodied in their oaths as follows : — " You shall not commit, or see any voluntary, or wilful waste committed by any manner of person, but you shall reveal or amend the same as it lieth in your power. " You shall deal duly and truly, from time to time, so long as you shall, accordmg to the trust reposed in 3'ou, execute the office of Comptroller and Clerk of the Eolls ; take accounts as well of all receipts of money to be levied for the Lord within the charge of the Receiver and Water-Baihff, together with the disbursements due to be paid, and shall see the same employed to his Lordship's best advantage to your knowledge. "You shall deal uprightly and truly between the said Lord and his tenants, for and concerning all matters wherein you have to deal \vith the said tenants for the Lord, or otherwise, without sparing the rich, or oppressing the poor, or without any other milawful exaction, other than such as is necessary THE CIVIL CONSTITUTION 833 foi' the use of the Lord, and safe keeping of the said Isle and houses. " You shall make true and just account of all the receipts of money and customs received and had by the Receiver and Water-Bailiff; as also of all payments, allowances, and dis- bursements out of the same, as far as it behoveth you, and as it standeth with your charge and oflBce, as often as you shall be called upon by the Lord, his officer or officers authorised to call upon you for the making of the said accounts." That of the Attorney -General was the same as regards the first clause, his oath then continuing : — " You shall faithfull}^, justly, and truly, -svithout favour or affection, dread or fear, envy or malice, and without respect of love or gain, kindred or friendship, consanguinity or affinity, plead and defend the said Lord his causes, in all and every thing and things whatsoever, which b^y the laws of this Isle are or shaJl grow due to the said Lord, by his right or interest here. "You shall see to and provide, in as much as in you lyeth or belongeth, that all forfeitures, fines, amercements, aliens' goods, felons' goods, wayfes, strays, vvTecks at sea, flood-gates, and such like, be truly estreated and paid to the said Lord, or otherwise disposed of to his Grace's use. " You shall, from time to time, at every court, plead and defend the cause of all widows, orphans, and fatherless children, and not refuse any." That of the Receiver was also the same as regards the first clause, his oath continuing : " You shall deal duly and truly as weU in the receipts of money to be levied for the Lord's use within your charge of the office of Receiver, as aU such customes and other com- moditys to be paid to the said Lord, and shall employ the same to the Lord his best profit to your knowledge. " You shall deal uprightly, truly, and indifferently, betwixt the said Lord and his tenants, for and concerning the said receipts of the said money and customes, or anj^ other matter wherein you have to deal with the said tenants for the said Lord or otherwise, without sparing the rich or oppressing the poor, or without any other unlawful exactions, other than such as is necessary for the use of the Lord, and the safe keepmg of the said Isle and houses. " You shall make due and true accompts, as well of all your 834 HISTOEY OF THE ISLE OF MAN receipt of moneys and customes aforesaid, as also of all payments wherein you stand charged by virtue of the said office, or wherewith you may not be charged otherwise than upon your own conscience, as need require you to be called by the Lord, or his officers authorised to call upon you for the making of the said accompts." The Deemsters' and Water-Bailiff's oaths, on the contrary, had no relation to any advice or assistance to the governor and Council. The former was as follows : — " By this Book, and by the holy contents thereof, and by the wonderful works that God had miraculously wrought in heaven above, and in the earth beneath in six days and seven nights (your allegiance to the King's Majesty of Great Britain reserved), you shall bear true faith and fidelity to his Grace James Duke of Atholl and his heirs, in whom is the title of inheritance of this Isle and houses thereof. "You shall without respect of favour or friendship, love or gain, consanguinity or affinity, envy or malice, execute the laws of this Isle justly betwixt the Lord and his people of this land, and betwixt party and party, so indifferently as the herring back-bone doth lie in the midst of the fish. " So God you help and by the contents of this Book." The Water ■Bailiff'' s oath contained the same provision as to waste as that of the Comptroller, &c., and then proceeded : — " You and your cleputys, as far as in you lyeth, shall execute the office of Water-bailiff and Customer duly and truly, according to the trust reposed in you, during such time as you shall execute the same office. " You and your deputys, as far as in you lyeth, shall duly and truly receive and take for the said Lord's use such custome of all men, for ingates and outgates and other customes, as is limited by the book of rates or otherwise, as upon your discretion ratably you shall receive and take the custome of all comoditys to be transported or brought in, not mentioned in the said book of rates. " You and your deputys, as far as in you lyeth, shall make true and just accompt unto the said Lord, or his officers, of all such receipts as you shall receive, or ought to receive, for and in the name and behalf of the said Lord, from time to time, and as often as you shall be called upon, to the most profit, best use and advantage of the said Lord, any use, custome, or other matter to the contrary notwithstanding. THE CIVIL CONSTITUTION 835 " You shall not give your consent for the transportation of any prohibited wares, forbidden to be transported by the said Lord or his Lieutenant-Captain and Counsell. "You and your dejmtys, as far as in you lyeth, shall not conceale any wrecks, or any other commoditys due, or which ought to be due, to the said Lord, appertaming or ^belonging to the said office of Wafer-Bailiff or Customer. " You a7id your deputijs, generally as far as in you lyeth, shall do and execute all other matters and things belonging to the said office of Water-Bailiff and Customer, not herein- before mentioned, and all and every other matters and things whatsoever whereunto you shall be called, or other-wise shall come unto, or do and execute of your own accord, for the execution of justice and equity in the said office, or any other cause to the Lord's most advantage, not favouring the rich, or oppressing the poor, and all this according to the purport and extent of your commission. " So help you God, &c." APPENDIX B. GOVERNOR HORNE'S LETTER TO THE KEYS IN 1715. " To the Gentlemen of the Twenty-four Keys. "Gentlemen, — It is with some uneasyness that I have observed a disobedience in some of your body to the authority of the Staff as cannot be parralleled among our Records. I did positively require you to make your return in writeing when you passed upon the Grand Jury whether thej' pro- ceeded according to Law and Evidence or no, this is your duty, most of you did not only refuse this, but contrary to my particular order several times repeated, contemptuously did disperse j'ourselves and go home without regard to what was required, as if you were subject to no authority or rule, but such as you shall prescribe for yourselves. The effect of this is but too apparent throughout the Island by many instances of the iiTegularities and contempt in the common people, that has perhaps not been so much as seen here before. . . . And therefore I take this opportunity to tell you that did so, that it is contrary to your duty, and a high contempt of the authority of the Staff intrusted with me luider the tenor of an oath to 836 HISTORY OF THE ISLE OF MAN support and preserve, and I think you are under the same obhgacion, and for this contempt I have just occasion to sett a fine upon such of you as contemned the authority placed in me bj' the Lord and the Lawes of this Land, and since you have not known how to make use of the Hberty I formerly allowed you, I once more require j'our answer in writeing in the manner before mencbned, and if you still persist in yom- disobedience I must . . . take some other methods than I have yet done, and confine you here (Castle Eushen) till you give that obedience to my order that becomes you. " (Signed) Alex. Horne." APPENDIX C. The oath taken by the Keys is recorded, for the first time, in 1710, as follows : — "Your allegiance to the King's Majesty of England re- served. You shall true faith and fideUty bear to the R' Honb'« Wilham Earle of Derby and his heu-s during your life. You shall be aiding and assisting to the Deemsters in all doubtful matters, the Lord's Councill, yom- ffeUows' and your own j'ou shall not reveal. Y"ou shall use your best endeavours to main- taine the antient Lawes and Customes of this Isle. "You shall justly and truel}- deliver your opinion and do right in all matters which shall be put unto you, -without ffavour or affection, affinity or consanguinity, love or fear, reward or gaine, or for any hope thereof ; but in all things deale uprightly and justlj', and wrong noe man. Soe God you help and the contents of this Book " (Lib. Scacc. See also " Constitution," Manx Soc, vol. xx-s-i. p. 169). APPENDIX D. PRINCIPAL CHANGES MADE BY THE JUDICATURE ACT (1883), THE JUDICATURE (ECCLESIASTICAL; TRANSFER ACT (1884), AND BANKRUPTCY PROCEDURE ACT (1892). The courts existing prior to 1883, viz., the Staff of Govern- ment, Chancery, Exchequer, Common Laiu, Admiralty, and X)eejns^e/-s' "' were united and formed into "Divisions" of the * Including all original and appellate jurisdiction conferred on the governor, to be exercised judicially bj- law or custom. THE CIVIL CONSTITUTION 837 " High Court of Justice of the Isle of Man," of which the governor is president. Of these the " Staff of Government Division," though pre- sided over, as formerly, by the governor (whose consent is necessarj' to every judgment) and at least two of the three judges, was depi'ived of all its original jurisdiction, and is now solely an appellate court, hearing appeals from the other divisions of the High Court ; and from the Licensing Appeal Court on questions of law. The jurisdiction hitherto exercised by the Exchequer Court was assigned to the " Common Law Division," as was also the jurisdiction of the Admiralty Court:''- These two courts were consequently abolished. The practical result of these changes is that the whole of the original jurisdiction of the old courts is now exercised by the Chancery and Common Law Divisions of the High Court. Of these the Chancery Division is presided over by the Clerk of the Rolls, sitting without a jury. It is held fortnightly during the legal temis, and exercises jurisdiction over the following matters : the administration of the estates of deceased persons ; the dissolution of partnerships, or the taking of partner- ships or any other accounts ; the raising of portions or other charges on land ; the sale and distribution of the proceeds of property subject to any lien or charge ; the execution of trusts, charitable or private ; the rectification or setting aside or cancellation of deeds or other written instruments ; the specific performance of contracts respecting real estate ; the partition (otherwise than by setting quests under orders of the Common Law Division) or sale of real estate ; the wardship of infants, and the care of infants' estates ; the care and custody of lunatics, idiots, and persons of unsound mind, and the care of their estates. The Common Law Division is presided over by the two deemsters, each of whom holds a court in his own district. In this division is included (1) the jurisdiction of the Common Law Courts, in which the deemster sits with a jury of six men ; (2) the jurisdiction formerly exercised by the Exchequer and Admiralty Courts ; (8) the summary jurisdiction exercised without a jury ; | (4) jurisdiction in testamentary matters ; * We have already referred to the abolition of the oifice of the water-bailiff, who presided over this court until 1885. f As formerly. We may mention that the deemsters hold these courts 838 HISTOKY OF THE ISLE OP MAN (5) jurisdiction in bankruptcy matters ; (6) the criminal juris- diction witli a jury of enquiry ; -■' (7) jurisdiction over refractory servants ; f and (8) the reception of the verdicts of trespass and other juries." =■= APPENDIX E. In the Council, a Bill is introduced (1) by a member without previous leave, or (2) on its being sent by the Keys. In either case, on a motion being made, it is read a first time. A BUI may be rejected at its first, second, or third reading, but a BiU from the Keys is hardly ever rejected on the first reading. The Bill is read a second time, on a motion, at a subsequent meeting. If the second reading be carried, the Council, without a motion, go into committee]; and consider the Bill in detail, and amendments, if there be any required, are made. Sometimes a Bill is referred to a select committee, and is then considered when the report of the committee has been made. The next step is the reading of the Bill, on a motion, the third time. Further amendments may be made during the third reading. In the Keys, a BUI is introduced (1) by a member who has previously received permission from the House to do so,§ or (2) from the Council. In either case it is read a first time without a motion. At a subsequent date it is read a second time, on a in their respective districts at least once a week during the legal terms. In them suits are brought for the recovery of debts exceeding the sum of £2; suits for the possession of land or houses, if brought within six months from the time when the cause of complaint arose ; questions of title arising out of suits for possession ; suits founded on contract, but not for damages for breach of contract. * As formerly. f This jurisdiction (originally conferred in 1665, Statutes, vol. i. p. 120), which gave a deemster power to order a refractory servant to return to the service of his master, or in default to be imprisoned, is now practically obsolete. \ Of the whole Council. The consideration in committee on the same day as the second reading is sometimes objected to, and, if so, it is postponed. § A member gives notice that he will ask for leave to introduce a Bill at one meeting ; at the next meeting he gets leave, at the third, the Bill is read a first time, and, at a subsequent date, on a motion, it is read a second time. There is no recorded instance of a member not obtaining leave to introduce a Bill. THE CIVIL CONSTITUTION 839 motion, considered clause by clause and passed. The House sometuues refers a Bill to a select committee and considers it clause by clause after receiving the committee's report, but it does not, like the Council, sit in committee of the whole House. The foregoing relates to Public Bills. If notices have not to be served on interested persons and witnesses have not to be examined, a Private Bill may be dealt with in the same way as a Public Bill. But there are few such Bills in which this is the case. By the Standing Orders of the Tynwald Court, a petition for leave to introduce a Private Bill may be made to the court, and ordered by the govei-nor to heard at the court. Notice must be given to the persons interested, and the court may take evidence at its Bar, or refer the petition to a committee to take evidence and to report. If leave be then given to intro- duce the Bill, the governor directs in which branch it is to be first considered. If the Bill be taken up in the Council, evidence is usually given at the first reading of the Bill, either at the Bar or before a select committee. Counsel is heard on the introduction of a private Bill on behalf of the promoters and interested parties, and, during the progress of the Bill, counsel on either side is heard on any points arising either in the Council or when the Council is m committee on it. Special leave for Counsel to appear on behalf of either a promoter or an opponent of a Bill is given on a petition presented by a member. If the Bill be taken up in the Keys, evidence is given and counsel are heard either at the Bar of the House at the second reading, or before a select committee. Even though counsel have been already heard before a select committee, they may also be heard and questioned by the House (if it so desires), at the Bar, on the second reading of the Bill. The method of granting leave for counsel to appear is the same as in the Council. We will now describe the procedure when diflerences of opinion arise between the two branches with regard to ]3ills, or clauses of Bills. If it be a Bill which originated in the Keys, and amendments have been made by the Council, the Bill as amended is sent back by the Council to the Keys. The Keys have then either to accept or reject the amendments. In the latter case, the Bill is returned to the Council for their further consideration, and, if no agreement be arrived at, the Bill 840 HISTOEY OF THE ISLE OP MAN drops.* But in most cases before a Bill is dropped efforts are made to adjust the differences between the two branches. Formerly the whole of the Keys went to the Council Chamber for that purpose, but now either messages are sent from one branch to the other, or, more usually, the Keys send, either at their own request, or on a request from the Council, a deputation of their membersf to hold a conference with the Council in its chamber.]: These conferences, over which the governor presides, and at which there is a free discussion, are held at the request of the branch which has the possession of the Bill. The deputation report the result of this discussion to the Keys who may decide either to adhere to their previous opinion, to accept any modification of it that may have been suggested, or to agree to the Council's proposals. Sometimes an agreement is not arrived at until the deputation has visited the Council Chamber several times. A conference may also take place in order to give one branch information or explanation about a Bill passed by the other. It sometimes happens that, after the Bill has passed both branches, and before it is signed, it is discovered that some important provision has been omitted. In this case the Council considers the question of inserting the provision, and, if they adopt it, it is sent to the Keys for their approval. If it be approved it is inserted in the Bill. The Bill, when passed, is signed in the Tynwald Court by a quorum of both branches {i.e., the governor and two members of the Council, and thirteen members of the Keys). When this has been done it is called an "Act" and is sent to the Secretary of State for the Home Office, that it may obtain the Pioyal Assent. The Secretary transmits the Act to the Lord President of the Privy Council, § who hands it to a committee of the Privy Council. The committee instruct the Attorney and Solicitor-General for England to report upon it.|i On * In the case of 'a Bill originating in the Council, the above process is reversed, Council being read for Keys. + Five or seven, in accordance with the Standing Orders of the Keys. I Walpole remarks that this conference closely resembles what used to be known as a free conference in Parliament, " and that it usually proves an efficient contrivance for reconciling differences " (Land of Home Rule, p. 270). § When the Act has relation to a Government Department, it is usually referred to that Dc-partment for observations concerning it. II They sometimes consider it separately, and sometimes together. THE CIVIL CONSTITUTION 841 receiving the Act back from them the committee report to the Sovereign in Council their opinion as to the Act, and, if their opinion be favourable to it, they advise the Sovereign to ratify it/'= If it be ratified it is returned with the Royal Assent to the governor, who causes it to be promulgated on the Tynwald Hill, at St. John's (in the manner indicated in the text), and the Act then becomes law. On returning from the hill to the chapel, the fact of promulgation is attested by the governor's signature on behalf of the Council and by the speaker's on behalf of the Keys. (The greater portion of this Appendix is due to Sir James GcU.) * Occasionally, after an Act has been sent for the Royal Assent, suggestions are made for its amendment before the assent is given, and these suggestions are transmitted to the governor, who lays them before the Legislature. Sometimes, when they have been laid before the Tynwald Court, the coui-t has agreed to their adoption, but, other- wise, they are dealt with as amendments, made by one branch and submitted to the other, the Council first considering them. It is very rarely the case that a Manx Act has been refused the Royal Assent. CHAPTER II THE ECCLESIASTICAL CONSTITUTION rpHE Ecclesiastical Constitution of the Isle of -■- Man is, at the present day, in nearly all respects which differentiate it from the ecclesiastical consti- tution of England, obsolete. We, therefore, while indicating what parts of it are still in active opera- tion, write about most of it in the past tense. There is little definite information about it before the re-organization of the Manx Church on a post- reformation basis, which probably took place when its spiritual statutes were committed to writing. This, as we learn from contemporary evidence,* * The Ecclesiastical Records of 1610 mention the " Book of Spiritual Laws late dehvered in by the vicars-general, (Sir William Norris and Sir Wilham Crow) " ; and, in 1680, John Harrison, vicar-general, stated to Bishop Bridgman that Sir "\V. Norris and Sir W. Crow had received them orally from their immediate predecessor, Sir Henry Gale, and transcribed them " at the request of John Ireland, Lieut.-Govemor, on behalf of "William, Earl of Derby ; " and that the laws so tran- scribed were " owned and received as the Spiritual Laws and Customs of the Isle by the said Lieut., 2 Deemsters, and 24 Keys of the Isle under their own hands." He then proceeded to state that they were handed by Bishop Phillips to Bishop S12 THE ECCLESIASTICAL CONSTITUTION 843 was done about the year 1610,* not in 1577, as stated in the Statute Book. Some idea of the con- stitution of the reformed Church may be most conveniently obtained from an analysis of the "spiritual laws," including those which, although, for the most part, probably administered at this period, were not ratified by the Legislature till 1667. These, together with the laws of 1610, make in all 145 " breast " laws, or judicial dicta recorded for the guidance of the courts.! A large portion of these laws is concerned with the clergy's powers. The powers and privileges of the bishop, to take Powers and ^ . privileges of him first, were very considerable. As Baron I of the bishop, the Isle § he held his own court ; he had, and has, a seat in the Council, ranking next to the governor, Foster and by him to Bishop Parre ; Bishop Parre then handed them to Sir John Harrison, his registrar, who handed them to his son and namcsalcc, wlio gave the above evidence. "-'■■ The laws of 1610 are to be found at pp. 40-7 in the Statute Book (vol. i.). f See MS. in the Record Office and Knowsley Muniments -^. They were, in 1667, " revised, examined and rectified by the Legislature, i.e., the Governor, Deemsters, and 24 Keys, with the assistance of the Bishop and Vicars Generall," but they are not in the Statute Book. I Prior to the Reformation, the barons, all of whom, except the bishop, were heads of religious houses, are supposed to have been members of the Council, and they certainly formed part of a properly constituted Tynwald Court, " sitting beside ' the king, according to the law given in 1418 (Statutes, vol. p. 3). § The bishop's oath, as Baron of the Isle, was as fellows : " Ffirst before God and your Honor I doe swear and avow that from this day forward, I shall be imto you faithfuU and obeydient, and faith to you bear, for the Lands, Tenements and heriditamcnts which I clamc and hold of you within this Isle : 844 HISTOEY OF THE ISLE OF MAN and he is the supreme administrator of the spiritual laws. He has the privilege of appointing two vicars-general, and he has the patronage of four of the ancient vicarages, viz., Braddan, German, Patrick, and Jurby. When he has the right to present to an incumbency, and does not do so within six months from the Easter next follow- ing the avoidance, the right of presentation falls to the Crown. If a minister commit any heinous fault, he may be suspended and proceeded against by him, with the advice of the clergy. He had his herring scout and fishing-boat tithe free, and he received the following fees : For every cita- tion sixpence, for every " suspencion " eighteen- pence, and for excommunication two shillings and sixpence; "also, when any great offence is worthy excommunication, then the ordinary hath been used to take for the Excommunication, Absolucion, and receiving all such persons into the Church again ten shillings." He also received one penny for the name of each fornicator presented by the chapter- quest. For probate, his fee was, by the decision of the Commission of 1532, limited to sixpence, or, for a poor man, to twopence. Of the The archdeacon, or his official acting as his sub- and stitute, also held courts, m which, exceptmg the vicars-general. . , . . ^. . episcopal causes,^ he had the same jurisdiction as Alsoc that I shall truly yield unto you all the Customs, Rents, and Seruices which of right I ought to pay for the same, and that at the dayes and hours thereof due and usuaU. Soe God me help," &c. {Lib. Placit., 1577). * For these see Sodor and Man, p. 102. THE ECCLESIASTICAL CONSTITUTION 845 the bishop ; * he had, and has, a scat in the Council and had the right to his herring scout and fishing- boat without paying any tithes. The vicars-general are appointed by the bishop, and hold their offices during his tenure of the see, or during pleasure.! They are the judges of the bishop's I Church courts, and are entitled to seats in the Council. Since 1846, the bishop has appointed one vicar-general § only, who presides over the sole remaining eccle- siastical court, li Let us now consider the rights and privileges of of the clergy, the clergy generally. The penalty for assaulting a clergyman was excommunication, and for cursing " an officer either spiritual or temporal " the offender was to be " committed immediately into St. German's prison, and not released till he first gave bonds to perform his censure, which is to wear the bridle for several market days at the several market towns for the space of an hour in the height of the market." It was provided that any difference in a matter of slander between a clergyman and a layman was to be adjudicated upon by a jury, one half of whom were clergymen and the other half laymen, also, that, when laws about spiritual concerns were enacted by the Tynwald Court, the consent of the - See pp. 861-3. \ During a vacancy in the sec thej' are appointed by the governor, but his appointment expires on the see being filled up. I The bishop, as a rule, does not preside in person. § His salary is charged on the Civil List, which is a unique arrangement. !1 See p. 866. VOL. II. 55 846 HISTOEY OF THE ISLE OF MAN clergy was necessary to make them binding.* No one is allowed to sit or bury in the chancel of any church without the consent of the rector, who is obliged to keep the chancel in repair, while the parishioners have to maintain the body of the church " within and without, with all ornaments and other necessaries." t An important privilege was that "all instituted Parsons and Viccars of thirds or Viccars of pension, ought to have his brige and staff; that is to say, if they have a man servant that cometh to them of his own free will, he ought not to be taken from them." On the other hand, they were severely punished for transgressing the spiritual laws. Thus, if they married any one with- out licence or banns, they were suspended for three years, and, if they performed a clandestine marriage, they and all present were excommunicated and committed to St. German's prison. Their fees. As to their fccs, rectors and vicars were allowed to choose their fishing-boats at Easter time, and their scoutes at herring-fishing time. I The mortuaries received by them were as arranged in 1532,§ it being provided that none were to be paid for those who died when less than ten years old. They also received twelve-pence "for every will and inventory, except there be a legacy left by the deceased to the minister to the value of twelve pence. "§ With regard to tithe, ■■' None have been enacted since 1704. f This is still the case. I In the Lib. Scacc, 1610, there is a decision that they were also to have the tithe of all new boats to the following Easter. § Statutes, vol. i. pp. 29 31. THE ECCLESIASTICAL CONSTITUTION 847 each tenth stook of corn was taken by them, and no one was allowed to make up his stacks before the tithe stooks were taken by the parson or his proctor. "All Tyth Flax and Hemp" was ordered "to be brought to the Parish Church with the seed thereof," also the tithe butter and cheese in the months of June, July, August, and September; and all those that deposed " they have neither butter nor cheese made within any of the said monthes," were, if they had " one milk cow, to pay two pence, and out of four goats two pence." Sheep, lambs, purrs, (or wild swine), calves, colts, geese, eggs, hens, honey, wax, fish of all kinds, were subject to tithe, and various fantastic arrangements are to be found in the Statute Book with reference to its incidence. All trades were tithable. " All persons that are marryed and unmarryed that have received the com- munion before," paid twopence every Easter, while those that received it for the first time paid one penny.* The duties of the clergy, as we learn from the Their duties, churchwardens' oath,t were "to read the service of the Church on Sundays and Holy days soberly and • distinctly, and in due time. To preach one sermon ever}' Sunday (having no lawfull impediment) in such Language or Tongue as shall be to the best * They were revised in 1643 {Statutes, vo\. i. p. 95), see pp. 857-8. f A similar form of oath is found in the time of Lord Fairfax, but the exact form of the above was not written down till Bishop Wilson's time, though something like it was doubtless in full operation soon after the Reformation. (From a MS. in Ecclesiastical Records.) 848 HISTOEY OF THE ISLE OP MAN edification of the people. To catechize the youth of the parish every Sunday in the afternoon, and to explain some part of the Church Catechism after so plain and familiar a manner as may be to the edify- ing of the Parishioners. To suffer none to come to the Holy Sacrament of the Lord's supper until such time as they be confirmed. ... To visit the Sick, to marry none without Banns or Licence, nor at any time but betwixt the Hours of Eight and Twelve in the forenoon : and to live so soberly as to be a Pattern of Eeligion and Virtue to his whole Parish." Functionaries Bcsidcs the clergv, there are their functionaries, of the clergy. . the archdeacon's official, the sumner-general, the episcopal and archideaconal registrars, the proctors, and the sumners. The archdeacon's official, as we have seen, presided over the archdeacon's court. * Since 1874 he has held a merely titular office so far as the public is concerned. Probably his only functions are to advise the archdeacon with respect to his duties as such and to represent him on occasions when archidiaconal duties need not be , performed by the archdeacon in person. The sumner-general has still, in some cases, to take letters of administration of the estates of deceased persons, but his position as apparitor of the ecclesi- astical courts has become almost a sinecure, f Though ■•'■ He seems to have formerly been recognized as capable of being summoned to the Executive Counf.il, but he was not a member of the Legislative Council. I See under sumners. THE ECCLESIASTICAL CONSTITUTION 849 appointed by the governor, * he takes the oaths of office before the bishop or vicar-general. The episcopal registrar kept the records of the episcopal courts and made office copies of them, took depositions of witnesses, made distribution of estates when called upon by the court and reported on matters referred to him by it. The archidiaconal registrar performed similar duties for the arch- deacon's court. Both these officials were done away with in 1874, and a diocesan registrar was appointed, whose duty is to keep the diocesan records. The proctors collected the clergy's dues.f They were abolished on the passage of the Tithe Com- mutation Act in 1839, and a tithe agent appointed.! The sumners, whose duties are now confined to delivering citations from the ecclesiastical court as the sumner-general's deputies, had formerly to " call within the church with the advice of the Vicar or Curate all such things as he is requested of the Parish that is gone or lost," to " stand at the chancell door at the time of service to whip and beat all the doggs" § and to convey offenders against the spiritual laws to gaol. The parish clerks, who, since they were, and are, chosen by the people, !| are in a different category to the other functionaries, " had to ring the Bells in due time, to attend the minister (when required) - See p. 501. f They were paid bj' getting sundry dues in kind. I lie is appointed by the clergy. § Churchwardens' oath. II Formerly their appointment had to receive the approval of the bishop, but this has not been the case of late years. 850 HISTORY OF THE ISLE OF MAN at the visitation of the Sick, at the burial of the Dead, or baptism of Children. To raise the Psalm when required by the Minister, or else to procure it to be done to the satisfaction of the Minister." Their duties are now mainly confined to attendance at baptisms, weddings and funerals, and to repeating the responses at the church services. Their fees. rpj^g sumuers and clerks were mainly paid in kind, the sumner receiving " for his paines and duty doing one principall cheese " from each tenant, also one choice lamb and one fleece of wool, and of the corn crop he had " a band of three lengthes of three principal cornes porcion alike paid from every husbandman." For conveying a prisoner to gaol he received fourpence.* The clerk had the cheese tithe, the lamb, and the fleece in the same way as the rectors and vicars, also " a groate (fourpence) out of every plow," and from those " that have no plowes and keep smoak," one penny. He also received a portion of what is called " Clark's silver " at deaths, which " on the south side of the isle is elevenpence, and the head penny, of which the curate has sevenpence, the parish dark threepence, and the parson's dark twopence." On the north side of the island the amount of "Clark's silver" was fifteen pence, but it is not stated how it was divided. The clerk's corse present was at the funeral of a man twenty pence or his " apparell," and at the funeral of a women seventeen-pence. These were the fees paid by the representatives of well-to-do ''■'• Statutes, vol. i. pp. 44-5. THE ECCLESIASTICAL CONSTITUTION 851 people ; with regard to poor people, it was a matter of agreement.* The chm-chwardens, four for each parish, were, and ^,arjen; ^nd are, elected by the people when assembled in vestry ^^®"' '^"^^" once yearly. Their duties were "to see good orders kept in the church and church-yard, their church-yard ditch to be well made, to make a true and just accompt to their parishioners four times in the yeare, to enquire of all offences committed against the Spiritual Law : as also to see all lawful injunc- tions read in the church, to present all those that use Witchcraft or Sorcery, Adulterers, Fornicators, Blasphemers, Drunkards and such like : also such as profane the Sabbath, that refuse to come to church to have divine service, or receive the blessed sacrament." t At the present day their duties are practically confined to collecting the cess, or Church rate, to distributing the morning collections for the benefit of the poor, and to assisting the rector, or vicar, in maintaining the church and churchyard in good order. Another body, now obsolete, connected with each Thechapter- '' _ quests. parish and its church was the chapter-quest, consist- ing of four men, who were empanelled every year by the bishop or vicars-general to perform much the same duties as the churchwardens. Another very considerable portion of these spiritual =>" Statutes, vol. i. pp. 44-5. The clerk's fees are now Is. 6d. for each burial. Some of them have small glebes. f From their oath. For further details see Sodor and Man, p. 115. 852 HISTORY OF THE ISLE OF MAN Laws relating Jaws relates to criminal matters and, more especially, to criminal ' ^ '' ' matters. ^q offences against morality. The following are the more important and characteristic of them. " That such as defame the dead are to make pennance* and to ask the kindred's forgiveness, because it is done in disgrace of all his Relations, and Publication to be made that none revive the same in Penalty of i£3 to the Lord's use and forty days' imprisonment." " That if any aspersion be cast on man or v^^oman, 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." The punishment for slander against the living was usually that of wearing a bridle f at the market cross of the nearest town, or to make from one to fourteen Sundays' penance, according to the enormity of the offence, in the several parish churches. Common whores were "to be drawn after a boat in the sea during the Ordinarie's appointment." t ■•'' According to an order issued by Convocation (in the Ecclesiastical Records, dated 1623), a malicious slanderer was "to remain a Lyer of Record, and do open penance .... putting his finger on his mouth, and confessing a Lye in saying ' Tongue, thou Lyed,' and so publickly to ask the party offended forgiveness." I Waldron says, " If any person be convicted of uttering a scandalous report, and cannot make good the assertion, instead of being fined or imprisoned, they are sentenced to sta^nd in the market-place on a sort of scaffold erected for that purpose, with their tongue in a noose made of leather, which tliey call a bridle, and having been thus exposed to the view of the people for some time, on the taking off this machine they are obliged to say three times. Tongue, thou hast lyed" {Manx Soc, vol. xi. p. 41). + This punishment has often been quoted as showing the THE ECCLESIASTICAL CONSTITUTION 853 Adulterers were usually condemned to " make seven Sundays' pennance in several parishes, and for a relapse fourteen, and adding always the number of seven as oft as they transgress, besides a fine to the Lord with imprisonment." " Whosoever commits Fornication shall make three Sundays' pennance, and if they marry that they go from the Sheet to the Ring;"* and, " All offenders censured to Pennance are to per- form their censures and satisfy the Law before they be admitted to the Holy Communion, and to pay threepence to the minister for every day's Penance for writing certificates, and to the Sumner twopence, and if the offender bring not a sheet he is to pay the Sumner fourpence for furnishing him, and no appeal be from the Church, and none offending be privileged from censures." If any one appealed from the spiritual judges to the " Staff of Government," he was handed back to the former for punishment if he could not prove his case. Reputed sorcerers or witches were presented by the chapter-quest, and examined by the bishop. If he thought their conduct suspicious, he appointed a jury, and, if this jury could "bring or prove any notorious fact or crime done by them, then they were handed over to the civil authorities for trial. great cruelty of Manx Church disciplbie, but it maj' be doubted if it was more cruel than the punishment of whipping at a cart's tail as practised in England, and it was certahJy not so indecent. =»= I.e., they must be married at once. 854 HISTORY OF THE ISLE OP MAN The severest punishment imposed by the Church was excommunication.* It was only made use of in the case of hardened offenders, and, as we have already seen, of slanderers of the clergy. Such were the laws, now fallen into disuse, under which was administered the famous discipline of the Manx Church, about which Bishop Wilson wrote : " There is nothing more commendable than the discipline of this church. . . . Offenders of all conditions, without distinction, are obliged to sub- mit to the censures appointed by the church, whether for correction or example (commutation of penances being abolished by a late law), and they generally do it patiently. Such as do not submit (which hath hitherto been but few) are either imprisoned or excommunicated ; under which sentence if they continue more than forty days, they are delivered over to the Lord of the Isle, both body and goods." t Laws relating An cvcn larger portion of these laws was occupied with the disposition of the estates of deceased per- sons, especially those of intestates.]; Thus, the Ordinary had power, in certain cases, of amending dispositions or supplying the neglects of a deceased person, where they seemed obviously contrary to natural piety. For instance, ' ' if any make a testament and leave not sixpence legacy to their children, ■■■■ Bishop Wilson writes, " People are never excommunicated but for crimes that will shut them out of heaven" {Manx Soc, vol. xviii. p. 112). f Ibid. l All this jurisdiction was abolished in 1884. (See p. 866.) THE ECCLESIASTICAL CONSTITUTION 855 unmarried, legitimately begotten," the Ordinary may make such children executors; or "if any die intestate, having no children legitimately begotten, but only base children, then the Ordinary shall make and ordain his next of kindred, both of father's and mother's side, to be lawful executors ; and the base-born to be rewarded of charity, at the discretion of the Ordinary." Generally speaking, the Ordinary was allowed a large discretion in appor- tioning the remains of a parent's property as was best for the education and maintenance of the children.* The tender care of the Manx ecclesiastical law for the interests of the destitute and of children was also shown by the following : When a person died who owed money, and his debts were found to " surmount " his inventory, the lord received the first share, then the orphans, and, finall}^ others, f Attendance at church was, as we have seen, ordered to be enforced by the churchwardens and chapter-quests, and it was ordained, by the thirty- first law, in 1667, " that there be a communion in the Church at least eight times in the year, . . . and all at fourteen years to receive, but first to be examined by the minister, or be presented, unless a lawfull cause appear." " The main characteristic of the Manx ecclesias- * Somewhat, perhaps, like that exercised by the Court of Chancery for the benefit of infants in England. t The English rule, under similar circumstances, favours the Crown, but makes no mention of orphans. 856 HISTORY OF THE ISLE OF MAN rtiMacteristic ^^^^^ code " * IS its prevailing supposition that ecciesiastfcai " faith " * generally prevailed, and no doubt this was actually the case till the eighteenth century. Excom- munication would therefore be a horrible reality in this world, and so would the penalty of taking a false oath in the next. Accordingly we find that a great part of the evidence in many cases lay in the voluntary oaths of one or more of the parties. Thus "in a difference depending betwixt party and party, when one gives it to the other upon his oath abso- lutely, there shall be no further hearing of that matter in the Spiritual Court." This implies so much trust in men's oaths as to ignore all risk of collusion. Again : " "When sufficient men are sworn to prize" [app^^aise] "children's goods, the said goods shall not be forced on them, under pretence of overrating them (for men must discharge their consciences), but the executors or overseers must take all things according to prizement " ; also that " for fathering an illegitimate child the woman's oath is sufficient," though it was not sufficient to prove a promise of marriage. Upon such grounds. Compurgation, the Manx legislators encouraged compurgation generally, and, more especially, that solemn process of purgation which is thus described in the tenth customary law : " He that entereth his claim within a year and a day after the probate of the will and endeavouring to prove the same within the said limited time, without Bill, Bond or evidence, shall prove the same upon the grave of him or her from ■■'■■■ Keble, p. 202. THE ECCLESIASTICAL CONSTITUTION 857 whom the same was due with lawfull Compurgators, according to the ancient form, viz. lying on his Back with the Bible on his breast and his Compur- gators on either side one." This swearing on the grave seems to have been prescribed in default of documentary evidence between a deceased person, his debtors and creditors. In 1609, it was abolished by the Tynwald Court,* but it, nevertheless, continued in vogue for nearly a century later. The portion of these laws relating to the dues of the clergy caused a great deal of discontent ; they were, therefore, in 1643, through the mediation of the 7th earl, modified as follows : — (1) The fee of three shillings and fourpence, taken by the clergy for distributing the goods of a child under 14 years, was reduced to sixpence. (2) The parson or vicar of a parish was to have the nomina- tion of the clerk, with the approval of the bishop, as the appointment of clerks by the lord had been complained of. This deprived the people of their ancient right of election, but it was restored by the spiritual laws of 1667. (3) The clergy having taken one shilling for making wills, and having refused to prove wills unless they were written by them, it was ordered that every man may make his own will. (4) It having been stated that the clergy had taken eight shillings as a corpse present for goods worth four pounds, and in the same proportion for other values, it was ordered that no corpse present should be taken '•^= Statutes, vol. i. p. 72. 858 HISTORY OF THE ISLE OF MAN when goods were under the value of six pounds twelve shillings and fourpence, when of that value and under the value of twenty pounds, the corpse present was to be twenty pence, when under forty pounds, three shillings and fourpence, when forty pounds and above, six shihings and fourpence ; and, moreover, only housekeepers and masters were to pay any corbes. (5) Tithe butter and cheese were to be done away with, but, in lieu thereof, payment was to be made on cows, sheep, and goats. The proctors for collecting the harvest tithe were to be named at an earlier date, since farmers had suffered from their non-arrival by their crops wasting in the fields. The clergy were not to be allowed to demand "their small tythes and offering money " on Easter Sunday, because "an undecent and irreverent use" had sprung up of their demanding these dues " at the time the people are to receive the Communion;" indeed it was stated that they sometimes stopped the people " from receiving the blessed sacrament, because they have not paid their duties." It was therefore enacted that they should receive these dues on Monday or Tuesday in Easter Week ; also, it having been complained that orphans' goods and debts had not been sufficiently secured by the spiritual court, it was ordered that, if the bishop or his officers did not take sufficient security, they were to make the loss good. These laws were assented to by the Keys, and certain representatives from the parishes.* * Statutes, vol. i. pp. 92-99. THE ECCLESIASTICAL CONSTITUTION 859 There were no further modifications of these laws till 1685, when some new regulations as to the duties , of ministers and churchwardens were made at Con- vocation.' Then, in 1704, came the Ecclesiastical "Constitu- . . tions"of 1701. " Constitutions " of Bishop Wilson, which may be briefly summarized as follows : — 1. No one to be confirmed unless properly in- structed. 2. Or to be admitted to the Holy Sacrament till confirmed. 3. No one to be Godfather or Godmother or to be married without receiving the Holy Sacrament. 4. Unconfirmed children and servants to attend evening prayers so as to be instructed previous to confirmation, under penalty of a fine to be imposed on their parents or masters. 5. No one having incurred the censures of the Church and having done penance to be admitted to penance again unless the Church be fully satisfied of his, or her, repentance. If he, or she, does not satisfy the minister or churchwardens of this, the Church shall proceed to excommunication. 6. No one living a disorderly hfe to be admitted to the Holy Sacrament. 7. No money to be received on the Lord's day, under penalty of censure. 8. Commutation, or money payment in lieu of penance, to be abolished. 9. Children to be sent to school. Parents neglecting to send them to be fined. * These were not confirmed by the Tynwald Court, and were, therefore, not binding on the laity. 860 HISTORY OF THE ISLE OF MAN 10. Salaries of schoolmasters to be increased. 11. Poor children to be taught gratuitously. 12. Poor people may keep their children at home some weeks during the summer, provided that they send them to church every third Sunday at least, one hour before evening service, to be taught there. 13. Names of persons absenting themselves from church to be entered. 14. Convocation to be held on Thursday in Whitsun week every year.* This alone of all the "Constitutions" is still acted upon. With the exception of articles 10-12, relating to education,! which were new, there was nothing con- tained in these constitutions which had not had legal sanction before. As regards articles 5 and 8, which relate more especially to discipline, the former put an end to the lax practice of admitting obdurate offenders more than once to penance, without resort- ing to a severer punishment, and the latter confirmed the prohibition of commutation, enjoined by Act of Tynwald in 1691. t The constitutions were con- sidered "very reasonable, just and necessary " § by the Tynwald Court, and were consequently confirmed by it. In 1736, the same authority abolished the practices of compulsory compurgation and of de- livering over persons excommunicated in the spiritual courts, body and goods, to the Lord of '■'•'■ For " Constitutions " in full see SiatiUcs, vol. i. pp. 155-9. f Education had already been made compulsory by order of the 8th earl, in 1672. (See p. 472.) I Not in Statute Book. (Sec p. 472.) § Statutes, vol. i. p. 159. THE ECCLESIASTICAL CONSTITUTION 8G1 the Isle. * Voluntary compurgation, however, was allowed, and excommunicated persons were im- prisoned for three months. From this time, as we have seen, the spiritual laws were not so generally enforced, and, by the beginning of the present century, they had become practically obsolete. Having thus briefly summarized the more impor- tant of the ecclesiastical laws, let us now enquire into the constitution of the courts which adminis- tered them. There were three classes of Church Courts, in Three classes of Church which the bishop presided either in person or by Courts, deputy.! First, the Summary Court, in which the proceed- counT'^ ings were almost entirely viva voce. During the summer half of the year, i.e., from St. Mark's day to St. Simon and St. Jude's, it was presided over by one of the vicars-general, and during the winter half by the archdeacon or his of!icial. It also granted letters of administration for all intestates, in unopposed cases ; it gave sentence on claims by way of legacy or debt, J and on all other matters relating to the goods of the deceased ; and also concerning tithes § and other Church dues. ■■■ Statutes, vol. i. p. 222. f The following information is taken partly from Keble's Life of Bishop Wilson, partly from "The Constitution of the Isle of Man" {Manx Soc, vol. xxxi.),and partly from a minute of Sir James Gell'sin 1876. {Ibid. vol. xxix. pp. 25-50). I Suits for the recovery of debts and moneys seem to have been its chief business. It is very difficult to draw an exact line between the jurisdictions of these courts. § By the Exchequer Court Act in 1777, the " determining the VOL. II. 5G 862 HISTOEY OF THE ISLE OF MAN Chapter Court. Consistory Court. Second, the Chapter Court, to the cognizance of which all immoralities and other violations of dis- cipline within each parish were presented by the ministers and churchwardens and chapter-quests, who held a sort of inquest every third week with regard to the cases which they should present. The Chapter Courts were held in circuit by the vicars- general and archdeacon's official twice a year in each of the six sheadings. Their business, besides the try- ing of the disciplinary causes, which, in most cases, were disposed of summarily, was the admission of churchwardens and chapter-quests, the granting probate of wills, and administration of the estates of intestates. If disciplinary causes and matters relating to wills and administrations in the bishop's jurisdiction were not disposed of summarily, the case was remitted to the third court, the Consistory Court, which was the highest of the ecclesiastical courts. To it appeals lay in all the cases above mentioned, and besides them, it dealt with certain cases which were reserved as episcopal causes.* It also had a general jurisdiction in all matters of ecclesiastical cognizance. The proceedings in it were entirely documentary, sometimes by written plea or answer, but generally by evidence committed to writing. In some cases, e.g., where sentence of deprivation on a clergyman was to be pronounced. right of tithes " was declared to be properly cognizable in the Court of Exchequer, the jurisdiction of the Ecclesiastical Court being then confined to enforcing the paj'ment of them (Statutes, vol. i. p. 322). -'= Sodor and Man, p. 102. THE ECCLESIASTICAL CONSTITUTION 8G3 the bishop's personal presence was required, in others, his virtual presence by his vicars-general was sufficient.* As to the working of these ecclesiastical courts ^vn^o^.g generally. Bishop Wilson comments : "In matters eccreSasUcai^ spiritual, it is easy to observe very many footsteps of primitive discipline and integrity ; offenders are neither overlooked nor treated with imperiousness ; if they suffer for their crimes, it is rarely in their purses, unless they are very obstinate, and relapse into their former or other great offences. As for civil offences that come before these courts, they are soon dispatched, and almost without any charge."! The ecclesiastical courts acquired more extensive They had ■1 greater power powers in Man than in England,! inasmuch as it En^iand^^"^ ^"^ not only belonged to them to determine the validity of vnlls, and to grant administrations, but to sustain all causes respecting them, or concerning the legacies or the debts of the deceased, within one year and a day from the probate of the will, or granting of adminis- tration ; § and likewise all suits against executors * The bishop and the other barons held courts for their baronies. As their constitution is similar to that of the civil courts, they are discussed in Ch. I. pp. 755-6. f Manx Soc, vol. xviii. p. 117. I " The ecclesiastical law of the island is in many respects different from that of England ; and the ecclesiastical courts of the island have a jurisdiction in temporal matters much more extensive than that which was exercised by the EngUsh ecclesiastical courts, at any rate since the Eeformation" (Sir James Gell, in "Church Notes " (ilfa?zx Soc, vol. xxix. p. 36), This was written before the changes in 1884. § And Ytdthin three years for foreign debts. 864 HISTORY OF THE ISLE OF MAN and administrators, as such, at any time within two years from the cause of action. They also for divers offences, besides inflicting Church censures, detained the offenders in the ecclesiastical prison, which was a subterraneous vault in the Castle of Peel, in order, after an examination of a jury of six (whom they were authorized to impanel), to be delivered, if judged necessary, for further trial and punishment, to the temporal power ; and not only did they com- mit to their dungeon for the purpose of such deten- tion, but confinement there was sometimes ordered, by their definitive sentence, in affairs merely spiritual. The staff by which these laws were administered consisted of the archdeacon, nominated by the lord, and the two vicars-general, the diocesan registrar, the archidiaconal registrar, and the sumner-general, whose special duties we have already referred to. We have already seen that some of these officers had a share in the civil government of the island. In 1842, Bishop Short referred to the constitution of Bishop Short's the Manx Church and its courts as follows : " It account of the Manx Church, seemed to resemble what an English diocese was before the days of Charles I. There were no visita- tions, but the bishop held an annual Convocation, which could enact canons binding on the clergy m foro conscienticB, but not in foro legali, till they were confirmed by an Act of Tynwald. But as there was no expense and little difficulty in passing an Act of Tynwald, there would have been no practical hin- drance to altering any of the local constitutions of THE ECCLESIASTICAL CONSTITUTION 865 the Church. There was a great deal of parochial discipline still kept in the island.* The ecclesiastical courts not only regulated those subjects which are brought before them in England, as marriages and wills, but the administration of the property of the deceased belonged to them for a year and a day. In addition to this, as there were no poor-laws, the whole provision for the poor was in the hands of the churchwardens, as it was in England before the Act of Elizabeth, t A collection was made in church every Sunday, and the proceeds of this were adminis- tered by them. When a poor person had relations able to support him, and who neglected to do so, these were brought before the ecclesiastical court as neglecting a Christian duty, and the court settled what allowance they should make. Such cases were of frequent occurrence, and I never knew the right of the poor relation denied, whatever excuse they might plead for themselves. The temporal court used to support the ecclesiastical by allowing persons condemned by it to be sent to gaol ; and if they would not go with the summoner, the governor was asked to lend his assistance, and always did so ; but I believe this practice has now been stopped." | Since then the jurisdiction of the ecclesiastical changes since courts has almost disappeared. The first change time, was the transference, by the Ecclesiastical Courts * See note f p. 659. f This still continues to be so as regards most of the country districts and the town of Peel (see 690-1) . I Short's Hisiorij of llie Church of Erifjland, Introduction, pp. Ixiv-lxv. 866 HISTOEY OP THE ISLE OP MAN Act, of the jurisdiction of the archdeacon's court to the episcopal court in 1874.* In 1884, by the Ecclesi- astical Judicature Transfer Act,\ probate and other jurisdiction as to the estates of deceadants, and all jurisdiction in matrimonial matters, was transferred from the ecclesiastical to the temporal courts, district probate sessions being substituted for the chapter courts. The jurisdiction that now re- mains to the only ecclesiastical court, which is presided over by the vicar-general, as representing the bishop, is mainly concerning affiliation questions, the swearing in of churchwardens, and the granting faculties. Among other changes, we may note that, by the Church Act of 1880,+ four rural deaneries were established, and commissioners were constituted as trustees of endowments for Church purposes. This Act was further amended in 1895, when a cathedral chapter, with four canons, was constituted under the name of the " Dean and Chapter of Man," the bishop being the dean of the cathedral church. Convocation still meets on the Thursday after Whit-Sunday, and we may note that its power of making canons, though not exercised since 1704, has never been abrogated, so far affording a token that the Manx Church is a separate National Church § * Authority is left to the archdeacon " with reference to visitations, or," what is judiciously styled " the performance of other duties pertaining by the laws ecclesiastical to the office of Archdeacon" {Statutes, vol. iv. p. 329). f Ibid., vol. V. pp. 352-73. [ Ibid., pp. 58-76. § As proofs of this see Bishop Wilson's special prayers THE ECCLESIASTICAL CONSTITUTION 867 governed by its own laws,* which, however, must be approved by the insular Legislature.! (Sodor and Man, pp. 226-7), and note that special prayers for the insular Legislature in 1889, and with reference to the war in South Africa, in 1900, were put forth by Bishops Bardsley and Straton respectively. '■^- It should be noted, however, that canons passed by the Convocation at York are binding on the Manx clergy. f Sir James Gell has shown in " Church Notes" (Manx Soc, vol. xxix. pp. 40-1) " that the Insular Legislature has hitherto exercised full control over the temporalities of the Bishop and Clergy within the Isle, and jurisdiction as to the regulation of . . . the external affau-s of the Church in the Isle of Man." BOOK VII THE LAND QUESTION AND ITS SETTLE- MENT THE LAND QUESTION AND ITS SETTLE- MENT WE have already indicated the ways in which land in the Isle of Man was probably, for the most part, divided as late as about the end of the sixteenth century, and have endeavoured to describe the tenure upon which it had been held up to the accession of the Stanleys in 1405. At that date, fSyfunder except for some spiritual baronies, it would seem ^Int^^^'^ to have been the lord's demesne, and the grant by King Henry IV. to Sir John Stanley, in 1406, left it in the same position, since it constituted him the superior lord of the island, the greater part of which was held by his immediate tenants. Another part was freehold, and was held by the bishop, the Abbot of Kushen, and other barons,* by fealty, while the -•= I.e., the abbey lands of Rushen, Malew, Braddan, Lonan, and Lezayre. The baronies of St. Trmian's in Marown, of Bangor and Sabhal in Patrick, of the bishop in MaroAvn, Braddan, Patrick, Ballaugh, Michael and Jurby (the bishop's demesne was in Ballaugh and Michael, and his baronies in the other parishes), of St. Bees in Maughold and the " Stafif Lands " in the same parish. The Abbot of Rushen, the Prior of Douglas, the bishop and the other barons were mesne lords whose tenants rendered them similar payments and services to those which the lord received from his tenants. 871 872 HISTOEY OF THE ISLE OF MAN remainder consisted of the castles and unrented, or waste, lands. When the monastery of Rushen and the priory of Douglas were dissolved, their lands were vested in the Crown. In 1609, * the Crown trans- ferred them to the Stanleys, who, at some unknown period, had also obtained possession of the other baronies, except those of the bishop, of St. Bees, which fell into the hands of the Christians of Miln- town, and of the " Staff Lands." f The Revesting The Crown Act made no difference in the position of the Atholls purchased t^e^se rights in with regard to the land, their manorial rights over which they sold, in 1826, 1 to the Crown. In 1860, by the " Disafforesting Act," § a part of the waste, or demesne, lands thus acquired was sold, || another part being allotted to the Crown and the rest to the owners of customary lands in lieu of rights of common. Such being the various changes which have taken place, the different classes of estates in the Isle of Man at the present day are : — Different classes of estates at the present day. (1) The ancient customary estates, including the abbey lands and baronies, excepting (2) The bishop's barony and demesne, the barony of St. Bees, and the " Staff Lands." (3) The waste lands called " The Forest," oper- ated upon by the " Disafforesting Act " of 1860. * Act of 7 James I. f Probably formerly subject to the customary service of caring for the pastoral staff of the Saint (Maughold) to whom the parish church was dedicated and of producing it for pro- cessions when required. I By 6 Geo. IV. c. 34. The purchase was not complete till 1829. § Statutes, vol. iii. pp. 78-89. To pay expenses. THE LAND QUESTION 873 (4) Estates created out of the estates of the Crown by freehold grants from the Commissioners of Woods and Forests. (5) Lands (not included in " The Forest ") still in the hands of the Crown. * The estates in the first two classes are divided into (1) farm-lands or quarter-lands, t which are the principal estates of the country, and average from 40 to 150 acres in size ; (2) mills, &c. ; (3) cottages, i.e., plots of land in towns and villages and a few small plots in the country adjoining quarter-lands. Intacks, or parts of the forest or common and other waste lands, which, from time to time, have been licensed by the lord or his officers to be enclosed, X form a further division in the lord's lands, but not in the abbey lands and baronies. In considering the nature of the tenure upon which these estates were and are held, it is only necessary to refer to the first two classes, since they cover much the largest part of the island. What the tenure was in * Manx Law Temires, by Richard Sherwood (late deemster), pp. 5-6. For an interestmg account of the tenure of the baronies and the " Staff Lands " see ibid. pp. 2 and 14-17. \ It is not known when the title " quarter," or fourth part of a treen, was first used instead of ireen, as the alternative name for a balla or farm-land. In 1593 the term " quarter of land " is used, and, in 1645, " Fanii-Lands or Quarter Lands." (See Statutes, vol. i. pp. 64, 100.) I This power, saj's Sherwood (Manx Soc, vol. xxxi. p. 53, note 46), is expressly referred to in the Statute of 1422 {Statutes, vol. i. p. 14), by the expression " setting of lands," and nearly all the intacks of the island have their titles founded on it. 874 HISTORY OF THE ISLE OF MAN The nature of the service of Manx villeins and cotters. the fifteenth century may be indicated by describing the way in which the lord probably arranged for the cultivation of the land at that epoch. In England, during that century, the manors were cultivated, either by the unpaid labour of villeins, who, in return, had a portion of them for their own use free of rent, or by the paid services of labourers who were practically, though not nominally, free. Each labourer probably had a cottage, "wdth a small piece of land attached, for which he paid a money rent. In Man, the lord does not, in the Stanleys' time, seem to have cultivated any part of his demesne, except occasionally, when he failed to get tenants. The Manx villeins, therefore, did their services by paying certain customary dues in kind, such as corn, cattle, turf, and fish, which were appropriated to the maintenance of the garrisons * of the insular castles as well as of the lord's household both in Man and England; by doing a certain number of days' labour t in each year in repairing the castles and highroads ; and, in the third place, after 1511 at least, by pajang a fixed rent, the amount of which was estimated in money, though it seems to have been usually paid half in money and half in kind + • 4- Those whose holdincrs were very small were called ■■'• Statutes, vol. i. p. 62. f See under " Revenue," pp. 318-21. I Rolls Office (Loose Papers). Replies to queries by Lord Derb}- in 1705. Between 1601 and 1608 it was paid in money onlv. THE LAND QUESTION 875 cotters, * and performed similar services, though less in amount. They were mainly settled on the "Abbey Lands," and, doubtless, till the dissolution of Kushen Abbey, f most of their time was employed in cultivating the abbey estates, while the cotters who were on the lord's land appear to have supplied all the labour that was required by the tenants, since it is probable that there was no landless labouring class I till after the monks disappeared. In return for these services, and the rent, the tenants occupied their lands for as long as the lord chose. They l^od^fyjng were, in fact, tenants-at-will. But this base tenure ^^^^^^^ *^'^">'®' must in practice have been much less oppressive than it was in theory, on account of the difficulty in getting tenants, of which there is evidence in the laws prohibiting any one leaving the island without licence, compelling the tenants to occupy and manure their land, and ensuring them a supply of labourers. § It must be remembered, too, that though, according to the Statute Book in 1422, the land was re-allotted to the tenants annually, 1| this meant very little more than the interchange of =•= The name " cotter " would lead as to infer that they were originally the saixie as the cotarii ofi the English Records, a class inferior to the villeins. f The abbey lands were held on similar conditions, except that a large proportion of them seem to have been cultivated by the cotters for the monks direct, instead of for the tenants. I Under the joint-tenancy system (see p. 52) this would naturally be the case. § So that the lord's lands should " not fall to decay " {Statutes, vol. i. pp. 5, 14, 51, and 55). II Ibid., vol. i. p. 14. 876 HISTOEY OF THE ISLE OF MAN Which developed into a copyhold called the tenure of the straw. An entry on the court rolls ensured its validity. the different parts of the treens between very much the same joint-tenants, * as is shown by the long-continued recurrence of the same names in the manorial books.! Such being the state of affairs, the tenure-at-will speedily developed into a sort of copy- hold tenure, called the " tenure of the straw," | because, when any tenant "had seized his lands into the lord's hands or else had alienated the same unto any other person, he was to come into the [manorial] court and make resignation thereof by delivering of a straw and thereupon a record was to be entered of the same which was all the assurance the suc- ceeding tenant had of the estate in nature of a copy- hold which was also held sufficient evidence to his holding without any other escript." § The earliest >\- For evidence of the existence of this form of tenancy see pp. 52-4. The introduction of leases at the end of the sixteenth century and the partial payment of rents in money instead of in kind, which became usual at the same time, would probably tend to bring it to an end. f In connexion with the same farms. I Statutes, vol. i. p. 51. § Lib. Scacc, 1636. "Like most of the tenant right and copyhold estates in England, the ancient Manx tenure was not in form originally a fee-simple interest. From the earliest of the manorial records now existing in the island, it is manifest thatthetenure was, as to its form, a leasehold interest . . . not- withstanding the form of the holding, the custom of the country as recognized by customary laws and decisions of the Courts construed the tenm'e to be in effect an estate of inheritance descendable from ancestor to heir, and as such the estates were held from generation to generation " {Manx Law Tenures, pp. 7-8). An estate analogous to a fee-simple estate had in fact been evolved out of a perpetually renewable lease, until at last the very form of holding by lease disappeared. THE LAND QUESTION 877 surviving records of this kind, or court rolls, which were compiled in the Manorial or Sheading Courts,* date from 1511, for the south of the island, and from 1515, for the north. In these are inscribed the names of the tenants of each treen, together with the amount of rent payable by them.f The tenants, then, held their lands by admission and entry I upon these Kolls, and, as time went on, they obtained a fixed tenure. Indeed, we find that The tenants •' ' began to they gradually began to consider their estates as their est^a^^th^r own, and to sell and exchange them without any licence from the lord. This custom, which probably became established owing to the negligence of the governors, in the absence of the lord, was temporarily stopped, in 1582, by an ordinance that lands were not to be alienated except by the lord's licence, issued by the Council, without the consent of the Keys ; § and, in 1593, a blow was struck at the straw tenure by Earl Ferdinando's order that, " If any person shall pretend title to any farme, houses or ground . . . and do not exhibit his bill in writing for the same . . . whereby it may be entered of Kecord within the space of twenty-one years next after he or his ancestors have been dispossessed thereof, that then he or his successors claiming after him to be utterly excluded and barred from making any title thereunto for ever." || '■"'• For a description of these courts see pp. 752-3. f For dues in kind payable by them sec pp. 874 and 318-21. I Appendix A. § Statutes, vol. i. p. 58. || Ibid., vol. i. p. 62. VOL. II. 57 878 HISTORY OF THE ISLE OF MAN Another change was initiated in 1601, when there was a "great death of cattle and horses," * so that the inhabitants were "not able as before to pay their usual customes of corne victual and fyer unto the garri- sons of the said Isle the Countrey not having pro- vision for beeives nor yet horses for carriage of ther Arrangements turffc and liugc as heartoforc." * It was, therefore, in 1601 and 1608. "^ ' ' arranged that, instead of these customs, they were " thensforth to paie yearly for their usual quarters of customarye land a duble rent in money," and only half the usual amount of " settinge corne," * This arrangement, however, only continued till 1608, when the exact amount payable by each parish in lieu of the customs to the castles was fixed by the Commission held by Kichard Hoper,t and from that time the customs were paid either in kind or in money, at the option of the tenants. Some years before this, probably partly in conse- quence of the ordinance of 1582, the practice of taking leases for three lives, or even shorter periods, became more general,! though there are a few '■' Botul. and Manx Note Booh, vol. i. pp. 61-4. f See p. 319. \ There are several instances of this in the manorial books. Thus, in 1613, "Henry Clarke and his fellows" paid rent for the quarter of ground " for which they had before paid a bene- volence and now betake themselves to hold by lease." " Wm. Norris, Clerk, one of the Vicars-General of the Isle," took the parcel of land near Douglas, called " Kyrmyn's Ground," for " the term of 6 years to begin at Michaelmas next, 1610," at a rent of £S 6s. 8d., and " to pay for a fine at the Feast of All Saints next coming the sum of ^8 6s. 8d." {Lib. Vast.). Some particulars about leases at this time are to be found in a valuation made by Ellis and Hoper in 1608, and in " a Book THE LAND QUESTION 870 instances of leases having been taken as early as 1542.* But, in 1609, the ordinance of 1582 seems to have been practically cancelled by James I., who, by letters patent under the great seal of England,! con- firmed the rights of the inhabitants to sell or transfer any of their estates, real or personal, at pleasure, and declared that any law or custom permitting the free alienation of their properties should remain in full force, t Leases, notwithstanding, continued to in- crease in numbers, which shows that some of the tenants at least had no fear that the acceptance of them would affect the nature of their holdings. Some, however, who were more cautious, declined to make any change, and others arranged to get rid of the leases which they had previously signed by containing the particular grants of the leases from Michaelmas, 1610 . . . made by John Ireland Lieutenant of the Isle and Richard Hoper by virtue of a commission to them in that behalf directed by the Right Honoble. Robt Earle of Salisbury and Treasm-er of England and Thos Earle of Suffolk and Chamberlain of His Majesty's household interested in the State of the Isle by His Highnesses Letters Patent bearing date the 1st day of July 1610 " (Knowsley Muniments, i^')- * In a book in the Records, dated 1609, and entitled " a Breefe Collection of all such Leases within the Isle of Man as have been formerly granted by some of the Earls of Derby to the Inhabitants thereof, with their several dates, what acres they do contain, what rents are vested, what estates are in being," &c., we find that there had been thirty-nine leases taken for three lives, twenty of which had expired by 1609. The earUest of these leases dates from 1542, and tlie latest from 1592, but twenty-six of them are dated between 1582 and 1592. f Appendix D. \ " Rot. Pat." (Manx Soc, vol. ix. pp. 122-5. See Appendix B). 880 HISTORY OF THE ISLE OF MAN paying a fine to the lord for permission " to hould by the straw."* In 1630, Lord Strange endeavoured to put an end to this anomalous state of things by sending over commissioners to arrange leases in lieu of the straw tenure throughout the island. They, however, accomplished very little,! because most of the tenants refused to give up their ancient tenure, which Lord Strange writes of as " a certain holding . . . whereby men think their dwellings are their own ancient inheritances, and [that they] may pass the same to any, and dispose thereof without license of the Lord, but paying him a bare small rent, like unto a fee-farm in England ; " but he adds, signifi- cantly, "wherein they are much deceived."! On his arrival in the island, in 1643, he appointed a Commission of four of his principal officers to arrange the question of the tenure, and he authorized them to offer (in a way which savoured of coercion)§ leases for three lives, or twenty-one years to those who still held "by the straw," on condition of their paying fines ii and a double rent, in return for which they were to receive certain remissions I| not made in previous leases. In 1645, this arrangement was ■'■■ See Li^. Vast., 1610, where arrangements of this kmd were made by " Ewan Christian, Deemster," and others, with Edward Rigby, commissioner. f We know this from the Records (Lib. Scacc), and Lord Strange remarked that they were " ill chosen," and had " merry times and bad reckonings." Derby {Manx Soc, vol. iii. pp. 41, 43.) I Ibid., vol. iii. p. 47. § Appendix C. II We shall refer to these more particularly later. THE LAND QUESTION 881 sanctioned by Act of Tynwald, with a proviso saving the rights of inheritance and partial ov\^nership to the tenants, " according to the antient and usuall customary lawes of the island." * By the same Act alienation without the consent of the lord was declared illegal, notwithstanding the order of King James to the contrary, in 1609, but, as we shall see, constant difdculties arose in enforcing this law. With reference to these rights of inheritance it was i^bl^rfto^ce'^of then placed on record that, in conformity with the '^'"^' "'"'^'^■ customary laws, the quarter-lands, itc, descended to the eldest son, or, in default, to the eldest daughter, " and in default of such to the next of kindred and to no other child or children, person or persons what- soever, except it be by gift, grant, or assignment in case of poverty." f At the same time, the lord's interests were carefully provided for by giving him, in addition to the power of forfeiture, which he previously possessed, the " right to comitt the bodies or take the pawnes of such person or persons as shall be behind with their rents." I In 1647, the order of 1593 making the limitation of claims to lands twenty-one years was confirmed by Act of Tynwald, and the clause in the Act of 1637 making it five years was repealed. § We now return to the question of the leases. A recent writer considers that " the granting of these leases was a considerable benefit to the tenants, as, in considera- * Statutes, vol. i. p. 100. f Ibid., vol. i. p. 100. (See Appendix D.) I Ibid, vol. i. p. 101. J Ibid., vol. i. p. 104. 882 HISTORY OF THE ISLE OP MAN tion of the double rent, they got rid of several heavy customary burdens, amongst others the delivery of a beef annually to the Castles from each quarter-land, and the Lord's right of pre-emption or being victualled at a certain price, and also payment of benevolences." * As far as the release from these burdens is concerned, these leases were certainly more advantageous to the tenants than those entered into by them before 1643 ; and we find that the tenants, tempted by this, alarmed by the allegation that, under the tenure of the straw, "they were but tenants at will, and might be put out at the pleasure of the lord," f and persuaded that, by taking these leases, "both they, their wives, and children, were sure of the same during any of their lives," I became leaseholders in considerable numbers. I This is the explanation of their action given by a contemporary observer, but there is no doubt some force also in Deemster Sherwood's contention that the tenants believed that the leases " did not affect the nature of their holdings," and that such leases " were in effect lettings of the customary burdens at fixed rents in money." § Another inducement to the tenants to become leaseholders was afforded by the action of certain of the lord's officers, who took leases by his orders. The first hint that the new position of the tenants was not a secure one came in 1650, when * Manx Laiv Tenures, p. 8. f Appendix C. \ The amount (j62,869) paid by them in fines is sufficient evidence of this. The abbey tenants did not take these leases till 1666, when they were practically forced to do so {Statutes, vol. i. p. 163). j Manx Law Tenures, pp. 8-9. THE LAND QUESTION 883 certain officers who had formerly taken leases re- ceived their lands ''for ever under and upon the rent, services, duties, and cutomes heretofore usual," upon the condition that in the future they should be " liable and bound for their holdings under such conditions as may be agreed upon by the Earl and his heirs and the people of the Isle."* An Act of Tynwald was passed to confirm this grant, t A further step was taken in the following year, when some of the officers were allowed to revert to the straw tenure ; | during Lord Fairfax's time also several compositions were paid for this privilege. § No wonder, then, that the tenants began to perceive that they had been deceived. They had, * Mills {Statutes, pp. 505-6). f This Act is only given by Mills, not by Gill. It is signed by "John Greenhalghe, Will Christian, John Christian, Robt. Calcote " (members of the Comicil) and nineteen " Keys." I A notable case was that of Richard Stevenson, whose estates of Balladoole, Scai-lett, and the Calf Island were, in 1654, granted to him by the Countess of Derby " to hould to him, his heirs and assigns according to ancient custom and holding by tenant right in this Isle called ' the tenure of the straw ' for ever " {Lib. Scacc). § The following is a specimen of these : — " Anno 1660. At Castletown. Compositones made the viii"* of March 1660 Straw tenor \ John Quayle for iiij^ rent^ Whether that was not parcell of the quarter in lease before an- 1 of Ballaknickle to tiently 19th July 1659. ' hould by tenor of the Received this the said straw payd now for day and yeare j the considerac^on Received this ijs fyne from John Quayle " (Loose Papers. RoUs Office) ij^ to be paid at Michuil- mas next 884 HISTORY OP THE ISLE OF MAN in fact, by accepting the leases, lost their customary right of inheritance, and the lord, after the Restora- tion, lost no time in disputing the permanency of tbeTenm^*^ °* their holding. " The consequence of this was general dissatisfaction and constant disputes, and an almost open rebellion against the authority of the lord."* The first case in which this state of affairs came to a definite issue was that of John Lace, who claimed the estate of Hango Hill, of which he seems to have been dispossessed by the late earl. This case was, in 166G, referred to the Keys, who decided that Lace was entitled to continue to hold the land, which he had re-occupied after 1651, or to receive compensation t for having been again deprived of it in 1664, when it was granted to Bishop Barrow. | Earl Charles was much annoyed by this decision, and told the Keys that he would have " no more of these kind of practises," § and that, if they persisted in such conduct, he would express his dislike in a way which he was sure would not be " pleasing "§ to them. The Keys, or a majority of them, continued obdu- rate, and refused to subscribe a paper wherein it was stated that John Lace's title was not estab- lished. The earl thereupon wrote: "Having too great an evidence of the unquiet and factious humour that rules in severall of my 24 Keys . . . and finding ='= Manx Law Tenures, p. 10. t Lib. Scacc. He claimed ^60. I Ibid. In making their report the Keys quoted a promise of the late earl alleged to have been as follows : " That at his Departure out of the Isle when his Honor was restored to his own that the said Lace should have his Lands again." § Ibid. THE LAND QUESTION 885 they endeavour to establish a right to their Farms in themselves not only to the overthrow of my just dues and prerogatives in the Island, while they challenge an unlimited title to their own tenements beyond the term of their leases ... it is my will and comand to all my officers that the estates of the foresaid persons be att the expiration of their leases seized upon for my use and none of them be admitted to compound for their estates without speciall licence obtained under my hand . . . and I also require that the foresaid psons shall be put out of all places of office and comand in the Island." * This threat frightened the Keys, who signed a cer- tificate stating that the grant to Bishop Barrow was effectual as against the title set up by John Lace.t But, though there was submission for a time, the difficulty with regard to the title to land continued, and the uncertainty of tenure caused by the lord's claim that he had the right to dispose of all the lands, on the expiration of the leases, to others than the former lessees, together with the alleged impos- sibility of working the land at a profit if any rent was paid t and the attractions of smuggling, § re- sulted in many of the farms being abandoned.;! * Lib. Scacc. t The Laces, however, still contested the question, and it was finally compromised in 1728 by a deed of release from Stephen Lace to the trustees of Bishop Barrow's Fund for the consideration money of £161 15s. I See pp. 923-4. § Pp. 428-32. II Some few of these were cultivated by the lord, but many went out of cultivation altogether. 886 HISTORY OF THE ISLE OF MAN The lord succeeds in enforcing alienation tines. Further trouble, too, had arisen about the aHenation fines, which the tenants refused to pay, declaring that they were not in accordance with their ancient customary tenure and that they had only been granted in the form of benevolences to the lord when he was in especial need. In this respect, however, the lord was able, after some delay, to enforce his demand in 1673, by inducing Tynwald to confirm the Ordinance of 1582 and the Statute of 1645, which ordered that "no manner of person or persons whatsoever shall give, grant, or assigne, any Lands or Tenements within this Isle, without the special lycence of the Lord of the said Isle, or of the Officers thereof." * Tradition has it that the tenants were so discontented with this state of affairs that the Keys, as representing them, went to London to interview King James 11. t This expedition has been regarded as apocryphal, but its occurrence receives some confirmation from an entry in the Exchequer Book in 1703 to the effect that some years before " the Keys went over to England." I -■'• Statutes, vol. i. p. 135. (Eepealed by Act of Settlement.) There are numerous entries in the Records at this time of licences to alienate, and of conveyances rendered void by not having been confirmed by the lord. The tenants had to pay for these licences. f In the words of the song : — Tra harrish Sostj'n, Va Ree Jamj's reill, Iviare-as-feed ayns charra- neyn Hie gys Lunnin ny whail." t Lib. Scacc. " When over England, King James did rule, The 24 in carranes Went to London to meet him." THE LAND QUESTION 887 But, whether this expedition took place or not, it is clear that the difficulty of obtaining tenants continued, and it led Earl William, in 1692, to appoint commissioners,* not only to manage the insular revenue, but " to sett and lett all lands now out of lease."* They do not, however, appear to °,iSur* have met with any success, smce it is recorded, in 1693, that land in a number of parishes was sur- rendered to the lord, the owners being unable to pay rent.f The coroners were consequently ordered to give notice at the parish churches " that whoso- ever will come in and pay most to our Honourable Lord for the said tenements shall be admitted tenants." t No one, however, responded to this invitation, and therefore, in 1699, Earl William came to the island and issued a proclamation to the effect that he intended settling the tenants "in their several holdings and tenures," I and that he had appointed Bishop Wilson to receive any pro- posals they might have to make, with a view to deciding the question. § Nothing, however, was done till after his death in 1702, when he was succeeded by his brother, James, who, on the 10th * Lib. Irrot. The commissioners were Roger Kenyon, William Sacheverell, John Rowe, and Richard Stevenson. f Lib. Scacc. I Ibid. He admitted "the great loss and uncertaintie " there had been in having " things left so long under uncertain- ties." § There being disputes about the rights of owTiership to some farms, the earl took them mto his own hands, but declared that he would malce compensation to the rightful owners when the disputes were settled. 1704 888 HISTOKY OF THE ISLE OF MAN of June, 1703, in writing to the bishop, remarks that " the sooner the Island can be settled on a good bottom it will be mutch better for both the Island and myself." * In consequence of this letter, Bishop Wilson, with a deputation of three members of the Keys,f proceeded to England to see the earl. They made certain proposals, which were, with one excep- lettiementin ^ion, accepted by him. An Act, called the "Act of Settlement," embodying these proposals, was passed on the 4th of February following, and it was promulgated at Tynwald on the 6th of June. It is a compact, like Magna Charta, between a feudal sovereign and his vassals. Its substance is briefly as follows : The earl, on his part, declared and confirmed to his tenants " their ancient customary Estates of Inheritance in their respective Tenements, descendable from Ancestor to Heir according to the Laws and Customes of the Isle." I * Lib. Scacc. f Ewan Christian of Rlilntown, Ewan Christian of Lewaigue, and John Stevenson of Ralladoole. I Statutes, vol. i. p. 162. The preamble of this Act recites the reasons for it as follows : " Whereas several! Disputes, Questions, and Differences have heretofore arisen and been contested between the Lords of the said Isle and their Tennants touching their Estates, Tenures, Fines, Rents, Suites, and Services, to the great Prejudice of the Lords, and Impover- ishment of the Tennants and people there, who by that Means have been discouraged from making such Improvements as their Estates were and are capable of ; for the absolute and perpetual ascertaining whereof, and the avoiding all Ambiguitys, Doubts, and Questions that may or might at any Time hereafter arise or grow touching or concerning the same. Proposals were made unto the said James Earl of Derby, now Lord of the said Isle" (Sfa^w^es, vol. i. p. 161). THE LAND QUESTION 889 The tenants, on their part, covenanted to pay to the earl " the same fines which they severally and respectively paid for their several and respective tenements ... at the Generall Fining" in 1643.* If any of the lives v^ere still in being, then only two- thirds of the general fine was to be paid. Upon any future change by succession or alienation, one-third of the same was to be paid, and, if it were by death of a tenant, twelve months were to be allowed to pay it in. Minor holdings, such as cottages, "milnes" and intacks, were included under the same rule, also the abbey lands, subject to the payment of the same fines as in 1666, and to the " yielding, paying, performing, and doing the annuall rents, customes, suites, and servises as for- merly and anciently accustomed." f As regards the tenants of the lord's lands, it was also agreed that the double money rents of the quarter-lands, together with all other rents, suits, and services, were to be paid as arranged in 1643. But no change was made in the money rents of the tenants of the abbey lands, who continued to pay the single rent in money, but, since their money commutation for the customary payments in kind I was from time to time increased in value, their rents are practically equivalent to those of the tenants of the lord's lands. =:= Statutes, vol. i. p. 162. f Ibid., p. 163. I No formal commutation for these customary payments in kind has ever been made, and some of the tenants in the Lezayre abbey lands still pay in kind. These payments do not now exist in the lord's lands. 890 HISTOEY OF THE ISLE OF MAN Gifts, even to children, and mortgages, were to be treated as alienations, but the mortgagor was to be allowed twenty-one years from the date of his mort- gage for his chance of redeeming. Clauses were subjoined bringing under the same rules any in- closures or mills hitherto uncharged, or that might come into existence in the future. Some special cases were then provided for ; and it was arranged that all payments were to be in Manx currency, and that they were to be made within eighteen months after the passing of the Act. The Setting Quests in each parish had to see that the tenants' names were duly entered in the Court Eolls. Then came the enacting clauses to the effect that the before- recited proposals should be law, and that the titles founded on them should remain good and firm, as against all manner of claimants. All existing dues and interests were reserved to the owners, and the military service due in time of war was expressly continued. A supplementary and explanatory Act was passed at the same time, by which it was enacted — (1) That "carriages" should be paid "as formerly accustomed, i.e., four carriages from every quarter of Land." * (2) That fraudulent bargains for letting lands, &c., for security of money, "under other notions than that of a mortgage," f to defraud the lord of a fine, should be considered as mort- gages, unless the Court of Chancery decided other- '■^'- Statides, vol. i. p. 172. For explanation of carriages, see under Boon Services, Book II. chap. iv. § 8. f Statutes, vol. i. p. 173. THE LAND QUESTION 891 wise. (3) That the intacks and cottages bordering the roads, which had been occupied without leave, should be annexed to the farms and tenements next adjoining, their occupiers to become sub-tenants, or to retire, with such compensation as the Court of Chancery should fix. If, however, no complaint was made within eighteen months, they were not liable to removal. (4) That, though all mines and quarries were reserved for the lord, yet the tenant was to have the right of raising stone, slate, or lime- stone for his own or his neighbour's use, but not for the general market, without a special licence. This "^^s "^ ^ re-enacted in Act, with the explanatory Act, was re-enacted and ^"'^• confirmed in 1777, with the consent of the Crown,* and it is to this day considered the basis of the tenure of all the Manx customary estates, except those of the barony tenants.! The tenure thus established Nature of the tenure thus is referred to by the learned Deemster Sherwood as established. " that ameliorated species of copyhold called cus- tomary freehold, similar in many respects to the tenant-right or customary freehold tenure prevailing in the North of England." I The customary tenant or owner is, in fact, " entitled to an estate, freehold in quantity, but not in quality, and to the complete enjoyment of the land, subject only to the reserva- tions referred to, and to the payment of the annual chief rent and a small fixed fine on every alienation * For the attempts of the fourth Dulie of Atholl to upset part of this Act, see Book IV. chap. i. pp. 531-4. f See Appendix E. I Manx Law Tenures, pp. 11-12. 892 HISTORY OF THE ISLE OF MAN and descent,* and to the other customary burdens f not compounded for in the original payment of double rent." I Thus was one of the most impor- * After the passing of the " Act of Settlement," which repealed the portions of the Acts of 1645 and 1673 referring to ahenation, it was, according to Deemster Sherwood, doubtful whether or not the tenant had an iincontroUable power of ahenation. In 1746, it was decided by Deemster Myh-ea that the Lord's con- firmation was necessary to render alienations vahd, and the precepts for holding the Baron or Manorial courts, till recently, contained notices affirming this, though there appears to be no instance since 1704 of an alienation having been made void for want of confirmation. One of the claims set up by the Duke of AthoU in 1780 and 1791 (he contended that the Manx tenures were base and that no one could alienate without a licence from the lord) was to this supposed right of confirmation, and it was not till 1844 that it was finally settled by a decision of the Privy Council that under the " Act of Settlement," tenants were entitled to alienate their lands without confirmation by the lord (Manx Law Tenures, pp. 32-5). In the Bishop's barony there are no alienation fines, but there is one payable on the installation of each bishop, consisting of an ox or colt from each quarter-land. I The only one of these burdens now remaining which is of any consequence is the liability of the owners of each quarter- land to serve in I'otation as moars. The duty of the moar, or his deputy, is to collect the rents and fines of the lord's lands in his parish, and, if he fail to do so, his estate is liable to the lord for them. The abbey and barony tenants, except those of the bishop's barony, are also liable to a similar office, called " scrjeantship." The bishop appoints his own serjcant. The moars and Serjeants are sworn in at the baron courts. If a quarterland is divided between several owners, the largest owner is usually selected as moar, or serjeant. He is, how- ever, entitled to receive a contribution from the other owners in proportion to the lord's or abbey rent of their holdings, and, in case of his failure to carry out the duties of his office, the quarter-land is liable to the lord for the amount of the rents and fines. | Ibid., p. 12. THE LAND QUESTION 893 tant grievances of the tenants settled. But several others remained. The first of these was the attempt JJest?on.°'''°' of the lord to get a rent from the commons, or mountain, lands. These lands, though belonging to him, had hitherto been open to the landed proprietors * for grazing, quarrying, and cutting turf at a nominal charge.! Great, therefore, was the indignation excited when, in 1710, Lord Derby- had an assessment of the commons made in order to enforce payment of a rent, and those who were employed in making the assessment were prevented from doing so by a number of people, chiefly the small proprietors or crofters. But, though the leaders I in this affair were fined and imprisoned. Lord Derby gave up the plan of enforcing a rent, and, instead, began enclosing some of the commons' lands and selling them. This, seeing that the land- owners had come to consider the mountain lands as their own, was a still further grievance, and the feeling thus aroused culminated, in 1724, in a riot,§ * I.e., the lord's tenants. We will, in future, call them land- owner.s. f In 1577, the rent for taking turf from the lord's " Forest " was ^d. per annum; and for grazing stallions or bulls IM. each was paid during the same period. Besides this, a fee of ^d. once in seven years (!) was due to the keepers of the gates on the roads leading to the mountains {Statutes, vol. i. pp. 49-50). I "William Kewley and 43 others {Lib. Scacc). § It appears from the evidence wliich was given that some provisions which were being taken to the governor and his party were stopped, and that "a mob with long sticks and staves" threatened the governor, though he was accompanied by a number of soldiers {Ibid.). VOL. II. 58 894 HISTORY OP THE ISLE OF MAN which broke out one day when the governor and officers were in the mountains with a person who was treating for some of the land. The ringleaders of this riot were ultimately captured, placed in the stocks and heavily fined. After this there was no more trouble about the commons till 1774. Before speaking of the renewal of this dispute, it will be desirable to consider the other grievances of the landowners.* grievances In 1719, wc hear of a complaint made by the the land. Keys to Lord Derby that "titles to Lands and Tenements have of late been tryd other ways than by the course of the common Law." f He referred the question to the Council and Keys, who agreed that in future titles to lands, &c., were not "to be sent to the Lord, but to be commenced by entering an action at common lawe at the sheadinge court and that such action only shall be looked on as a proper and sufficient claime . . . the process to be by jury and traverse according to Lawe and Custome, and the judgement of the 24 Keys in such cases to be finall." t This decision was assented to by Lord Derby. I Further grievances were the sequestration of some estates, the titles of which were in dispute, the " granting licences to enclose the lands of several persons under their strand hedges, which they and their ancestors have held time immemorial, allowing the inquests to * I.e., the nominal tenants. f Lib. Scacc. I Notwithstanding the agreement, this was again a cause of complaint in 1723. THE LAND QUESTION 895 proceed without summons, or notice given to the parties . . . dismissing without just cause and branding with infamy some of the inquest, and obtruding others that may best serve their turn ... by which means people are deprived of their unquestionable rights,"* and the " illegally dis- possessing several persons of their lands and ways and not allowing them the due course and benefit of law for the prosecution and recovery of the same."* We do not learn how the various points in dispute seem to have were settled, but it is probable that the landowners seiS''*'°'''^ attained most of their objects, because there is no record of any further trouble about the payments of lord's rents, which, as the value of money fell, and the value of land increased, gradually became almost nominal, and nothing has since occurred to disturb the title of the landowners to their estates, which, subject to the payment of lord's rent, was recog- nized on the transfer of the manorial rights of the Duke of Atholl to the Crown. f Such questions as - Lib. Scacc, 1723. f Upon this " the whole of the customary tenants of the Island, including the customary tenants of the Abbey Lands and of the baronies of St. Trinians and Bangor and Sabal (the mterests of the mesne lords of which had long previously fallen into the hands of the Crown) but excepting the Bishop's Baronies and the Maughold Barony Lands [formerly belonging to St. Bees, but laterly to the Christian family], became immediate tenants of the Crown and so continue to the present time. The Bishop and the proprietors of the Maughold Barony Lands are therefore the only remaining representatives of the few Ancient Freeholders or Barons of the Island " {Manx Lato Tenures, pp. 4-5). 896 HISTOEY OF THE ISLE OF MAN did arise concerning land * and its rental were between the landowners and those to whom they let their lands. That the new landlords, who formed a majority in the Keys, took good care of their own interests is shown by the passage of an Act, in 1753, under which any one intending to sell tenants' goods under execution had to pay the land- lord a year's rent before it could be done, and no sale of property was good against the landlord's claim for rent,! and this, it was affirmed in 1777, was to be paid in preference to all other debts. + commons^ Wc now retum to the commons question. The contou^(i ^'^ fourth Duke of Atholl granted numerous licences to enclose portions of the commons, such enclosures being called "Intacks."§ Some of these were disputed, and, verdicts against them having been * The only exception to this was in 1879, when the Crown contested the right of the customary freeholders to the sand and clay underhing their estates, but these wei'e firmly estabhshed by the decision in the Ballaharra clay case. (For full report see " Attorney-General for the Isle of Man v. Mylchreest " in Law Reports. "Appeal Cases," vol. iv. pp. 294-310.) t Statutes, vol. i. pp. 275-6. I Ibid., p. 306. Servants' wages were placed on the same level. We may note that, in 1869, all real property was made Uable to debts ; previously to this, quarter-lands "having passed one descent " were not liable [Statutes, vol. iii. pp. 471-3), and that, in 1871, all Acts passed authorizing the takmg of lands for pubUc purposes were eonsoUdated in the "Lands Clauses Act" {Statutes, vol. iii. pp. 514-50). § See note *, p. 900. The fact of the Great Enquest, which the people considered as the guardian of their mterests in these matters, not being in existence between 1777 and 1793, caused more than ordinary dissatisfaction with these enclosures. THE LAND QUESTION 807 supported by the Keys, were not carried out. Such enclosures, however, continued under the Crown, and no resistance was made to them till 1855, when an unusually large portion was thus enclosed. The Great Enquest refused to ratify this enclosure, on objections to ^ thoir being the ground that "it would be predjudicial to and an enclosed. infringement upon the rights of the public," * and their action was fully endorsed by popular approval. It is impossible to go fully into the arguments of the opposing parties, but they may be briefly stated as follows : The landowners admitted that the soil of the unenclosed lands is vested in the Crown, but they said that they had enjoyed immemorial rights of common, of quarrying stone, and of digging sand and gravel over and from such lands ; that, although portions of them had been enclosed from time to time under licences granted by the Lords of Man, all such enclosures were made with the sanction of the Great Enquest, f and that they could not be made without the sanction of that body. The renlv The case for •^ '-J the Crown of the Crown was to the effect that it has the ex- ^''^*'^''- elusive right of property in the minerals, &c.; that it is entitled to certain forestal rights for the preser- vation of game ; that it has a right to grant licences to enclose (the functions of the Great Enquest being confined to enquiring whether the enclosures would be prejudicial to any public way, watercourse - Pari. Papers (1859), Return to House of Commons, p. 8. f The decision of the "Disafforesting Commissioners" was adverse to the view that the Great Enquest had any right of approval. But this decision is contrary to the opinion of Deemster Parr and Manx lawyers generally. S98 HISTOKY OF THE ISLE OF MAN or turbary); * that it is entitled to pasturage of the unappropriated lands, qualified by the enjoyment of such rights of common as any landowners might be able to establish, and that the existing practice for every person, whether a landowner or not, to take the rights of common without stint is one which is incapable of being defended as legal right, '■''■ In this respect the contention of the Crown appears to have been correct, since, according to Deemster Sherwood, the customary method of obtaining an " Intack " was to apply to the governor " who granted a licence authorizing the applicant to enclose the parcel named in the licence, provided that the Great Enquest of the Sheading in which the land lay should first view the same, and in their return certify the quantity and boundaries of it and also reserve the public highways, water- courses, and turbaries. The licence contained a condition that within a certain time the applicant should cause a rent to be settled thereon, otherwise the licence to be void. Many licences also contained a condition that the premises should be enclosed within a certain time. The applicant, after obtaining this licence, issued the necessary summons for convening the Great Enquest, who on view of the premises made their return certifying the quantity, and reserving all such roads, watercourses and turbaries as they conceived necessary for the public interest. This being completed, the party attended at the Court Baron and presented his licence and return, whereupon an amiual quit-rent was set upon the land by the Attorney-General or the Lord's Officer, an entry was made upon the roll admitting the party as tenant to the Lord of the land in question, and chargmg him with the rent, which afterwards formed a portion of the regular rental of the Parish ; and an alienation fine was also fixed on the land in terms of the 7th clause of the Act of Settlement. Under this entry the party became entitled as against the Lord to a customary estate in fee simple in the lands." {Manx Law Tenures, pp. 21-2.) The deemster (Ibid., p. 21) says that the power of the governor to grant licences to enclose was derived from the Statute of 1418, j 3, but this law seems rather obscure and, in any case, it was repeated in 1737 {Statutes, vol. i. pp. 4-5). THE LAND QUESTION 899 because its existence is injurious to the interest of those proprietors who may have vahd claims. The only point in dispute that was easily settled was the undoubted right of the Crown to the minerals, &c. Since the other points were, for the most part, obscure, and since there was no doubt that the landowners had enjoyed a right of user, though it may only have been on sufferance, the " Woods and Forests" department, as representing the Crown, offered to give them two-thirds of the land, while retaining one-third. But this offer was clogged vnth so many injurious conditions that it was rejected by the Keys. Commissioners were then sent from England to investigate the question, and, after receiving their report, the "Woods and Forests" offered to divide the commons equally between the Crown and the landowners, and they withdrew the objectionable conditions. This offer was accepted JJj^,^^^^^!*°° by the Keys, * and, in 1860 and 1864, Acts of compromise in Tynwald f were passed to enable the proposed changes to take place. Commissioners were ap- pointed by the Crown to examine the claims to portions of the commons, and, when these were decided, some receiving land and others money com- pensation, a further portion of the commons was ■'• They had sent a deputation of two of their members, George William Dumbell and William Farrant, to interview the com- missioners in London, and they succeeded in obtaining more favourable conditions for the Manx landowners. + "The Isle of Man Disafforesting Act, 1860," and the " Compensation Act," 1864. (See Statutes, vol. iii. pp. 78-90 and 105-109.) 900 HISTORY OF THE ISLE OP MAN Notwith- standing more opposition by the crofters, &c. sold to pay expenses, and the remainder was divided in accordance with the proposals of the Commis- sioners.* Trustees, called "Commoners Trustees,"! one from each Sheading, were appointed in 1866,1 to manage the property of the landowners and the rents received by them were expended in liquidating the lord's rents about once in three years. These changes were not carried out without opposition from the crofters and tenants. In May, 1864, they expelled an agent of the " Woods and Forests," who went, with some police, to clear off their sheep from the mountains, but a second ex- pedition, headed by Governor Loch, who was accom- panied by the garrison soldiers and a number of police and special constables, overawed the country- men gathered to oppose them and accomplished this without serious opposition. And in this way the question was settled. There still exists, among those whose lands adjoin the mountains, much dissatis- faction with this settlement, because they were deprived of what had practically been a monopoly * A map made for the Dakc of AthoU in 1827 put the acreage of the forest at : Northern mountains, 19,601 acres ; Southern, 8,320 acres; Ayre lands, 1,190 acres; The Mooragh, 33 acres. Total, 29,144 acres. From this the intacks claimed " within the old Forest Wall," amounting to 3,445 acres, were deducted, leaving 25,699 acres. Of this 8,573 acres were sold to pay the expense of forming mountain roads, reahzing rather morethanjE25, 000, the remainder being divided equally between the landowners and the Crown. The amount of compensation paid was £1,823 9s. 8d. to 69 persons. f They must have an annual estate of ^£100 and go out of office each year. I Statutes, vol. iii. pp. 335-353. THE LAND QUESTION 901 of free grazing on the mountains for a very inadequate compensation, but the greater number of the owners and tenants, who, as being remote from the moun- tains, had not lost a right of any great practical value, were not unfavourable to the change. More- over, the manner of using the commons by those adjacent to them was not economical, since it encouraged sheep-stealing, overcrowding, and disease. APPENDIX A. The ancient mode of conveying customarj' lands was by a verbal agreement and a symbolical surrender by delivery of a straw by the grantor to the grantee. This was done at the half-yearly manorial, or baron, courts, and the transaction was recorded on the rolls of the court in tlic way stated below. After a time, as dealings in land became more frequent, the inconvenience of delaying the completion of the transaction till the date of the manorial courts was more felt, and so convey- ance by deed gradually became the custom, but this did not supersede the practice of being entered on the rolls, =^ which was necessary in order to furnish the moars with a list of the tenants' names to enable them to collect the lord's rent. These rolls consist of the following books, called the Manorial Books : f (1) Libri Assedafionis, or Setting Books, being the rent rolls containing the names of aU landowners and the rent which they pay to the lord.j * Manx Law Tenures, pp. 37-8. The non-entry of a grantee, how- ever, does not now affect the validity of his title, though the Duke of Atholl contended, in 1781, that " the constant evidence of inheritance in the Isle of Man is an entry in the Lord's Court" (Pamphlet, 1783). t These books were kept with the others referred to in Book VI. oh. i. till 1765, when they were separated and placed in the seneschal's office. The first of these hooks left on record, dated from the Castle of Rushen, is the setting of the lands and tenements of Tliomas, P^arl of Derby, before certain Commissioners, in May, 1511. It contains the particulars of the rents in the Tjarishes of Malew, Arbory, Rushen, Santon, Mang- hold, Lonan, Conchan, Braddan, Marown (Knowsley Muniments .^'- aud Seneschal's Office). The first survey we have of the other parishes is dated 1515. 902 HISTOEY OF THE ISLE OF MAN (2) Libri Vastarum, or Wast Books, containing the admissions, entries, and titles of landowners and the alienation fines and rents paid by them. (3) Composition Books, describing each particular tenement and recording the fines paid at the Act of Settlement and at other times. (4) Libri Monasteriorum, or Abbey Books, containing the rentals of the abbeys and of the various baronies."' The method of being entered on the rolls has contmued to be much the same since 1511, or, probably, even earlier. It takes place at the baron or manorial (formerly sheading) courts, held twice yearly by the seneschal of the lord proprietor, who is now the English Sovereign, in the following manner : The names of the sellers, or deceased proprietors, are dra^vl1 out of the Liber Asseclationis, and the names of the purchasers, or heirs, are entered in the Liber Vastaruvi, as well as their respective titles, by which they are entered, ascertained, and specified. Then from the Liber Vastaruvi a. new Liber Asseda- tionis is made. In making these entries the governor, deemsters, seneschal, or other officers, before the Revestment (after it the seneschal was the sole ofiicer), were, and are, assisted by a jury of four men in every parish, called a " Setting Quest." These men, according to Hoper's report (Lib. Scacc, 1608), were sworn " to aid and assist the Court in entering the said tenants' names ; and that none be put upon the said rentals or Court RoUs, but such as have a good title to the same, either by tenant-right, purchase, will, or otherwise ; and such entries, so made by the Court and Setting Quest, to be reputed and taken of such force and validitj^ as that, in case any tenant's bill of sale should happen to be lost or miscarry, the record being fairly and fully expressed, the same is sufficient to make good the sale as well as the title." By the 19th (MS.) customary law " No traverse can be granted upon the verdicts or returns of the setting quests, as upon other juries at common law." To ensure their knowledge of the properties being up to date, it was formerly the custom that " the moar of the present year was to be of the setting quest of the year following " (Parr's MS.), and, as a safeguard for secm-ing the lord's rent, they were * The first survey of the abbey rents on record is dated October, 1607. It was taken by Philip Leigheaud Edward Ellis (Knowsley Muniments "^^•' and Seneschal's Office). THE LAND QUESTION 903 compelled, if unfortunate enough to enter an insolvent tenant, to make good the rent themselves. But these two provisions are not now enforced. The oath administered to the setting quest was as follows : " 'By the true Contents of that Book, and all the miraculous Works that God performed in Six Days and Seven Nights, you shall do Justice, you shall do no Falsehood, for Fear or hoxe, Friendship, Affinity, Hatred or Malice, or for the Sake of any worldly Gain. You are not to draw any Person's Name out of the Setting Books or Rentals, but upon the Death of a Tenant, and you are then to enter the Heir at Law, or other Person to whom any Title may accrue by Deed, Gift, Will, Decree, Settlement, or other Conveyance, and that 5'ou will do all Things appertaining to the office of Setting Quest justly, truly and conscientiously, according to the Law and Practice of this Isle. So help you God, and the Contents of this Book" {Lib. Irrot.). The following will serve as a specimen of these entries : — " 1585. rWillm. Quaill \ Nom. Jur. j Pat. Andrew | Assed. Lib. 1 Wm. Maddrell V Christ. Shimmin Jur. Grenabj' — Thomas Moore — Christopher Shimmin. Thomas Moore by dehvereye of the Strawe in Court, acknowledgeth it sould be Xpher Shimmin's for ever" (from Seneschal's Office). The difference between the ancient Manx and English copy- holds was that, in the Manx, the symbolical delivery by the straw was from the old to the new tenant, and the bargain and sale was made directly to the latter, the lord merely recog- nizing his new tenant by enrolment on his rental books. In the case of the English copyholds, the land was surrendered by the accustomed symbol, the verge or rod ; there was no deed, but the title of the new tenant depended upon a copy of the surrender and admittance. At the present day there is, speak- ing generally, scarcely any resemblance between tliem, though it must be remembered that English copyholds vary consider- ably in the different manors. We wiU add a few words on the law relating to land and to the modern method of transferring it. Before 1869 quarter- land estates were only liable for the debts of their owners if 904 HISTOBY OF THE ISLE OP MAN they had been purchased by them ; but, by the " Real Property " Act, in that year, they were made liable, equally with intacks, to be taken in the execution of the payment of debts.''' By the " Wills " Act, in the same year, power was given to devise all real property of whatsoever description by will. There is no law of entail in the Isle of Man.f The transfer of land can be effected at a very moderate cost. The general devolution of the title is speedily ascertained by reference to the manorial books, supplemented by the excellent system of registration, which has been greatly improved from time to time, especially in 1847.1 No charge on a property is valid unless it is recorded in the Record office, and the charges take precedence in accordance with the date of regis- tration. The purchaser of a property is only liable for the charges recorded on it at the time of the purchase, and these are easily ascertained from indices which are open for examina- tion without the payment of any fee. Copies of documents are furnished on the payment of a small fee, and the originals, also, are allowed to be examined under rules and regulations pro- viding for their security. APPENDIX B. " The King to all to whom, &c., greeting. . . . Know ye that we therefore by virtue and force of our said royal authority, and of our special grace and mere will alone, have ordained, constituted and established a firm and perpetual law, likewise we grant and concede to aU and each of our subjects, and other persons whatsoever living and residing, and who have any inheritance in possession and rights, and goods, and chattels in our said Island of Mann, or any part thereof belonging or which now or hereafter may belong to them, that they, and every of them, may transfer, alienate, grant, and demise both the whole Island aforesaid as well as any part thereof ; and also all and every the lands of inheritance, free tenements, rights, goods, and chattels within the Island aforesaid, or any adjoin- ing the same, by their deed or instrument, sealed and delivered under their seal : And that such grant, alienation, or demise, * Statutes, vol. iii. pp. 471-3. f Ibid., pp. 465-70. \ Prior to the 14th of December, 1847, there was no statutory regula- tion requiring the recording or registration of dt^eds affecting real estate in the island. The custom of doing so nevertheless prevailed {Ibid., vol. ii. p. 183). THE LAND QUESTION 905 shall be good, firm, valid, and effectual in law, according to the tenor of the said deed or charter, without any other delivery of seizin, or acknowledgment, or notary public, intervening; or any other ceremony, solemnity, or form of right for that purpose, to be further used or requii-ed, any law, custom, statute, or ordinance of our Kingdom of England, or the Isle of Mann aforesaid notwithstanding. And further, by virtue of our royal pleasure, we ordain, constitute, and estabhsh a firm and stedfast law, and do give and grant to all and each of our subjects . . . to whom the inheritance of the said Island, or any part thereof, or any estate of and in the said Island does or may belong ; that in case the person to whom the inheritance of the said Island, or any part thereof, or any other estate of and in the Island aforesaid, or any part thereof, or any inheritance, free tenement, possession or right within the said Island, or any adjoining the same shall descend, or in any other manner come to a married woman, every such woman shall and may be able to transfer, alienate, grant and demise, such her inheritance, estate, or right, by deed signed as weU by her as by her husband, under their seals, and acknowledged in our Court of Chancery in England, notwithstanding anj' law, statute custom or ordinance of our Kingdom of England, or any law or custom of the said Island of Mann to the contrary thereof. And we do nevertheless will, grant, and declare, that any law or custom in our Island aforesaid, had and used for transferring, alienating, or -grantmg of their inheritance or possession shaU be and remain in full force, and in no way weakened by this our ordinance and constitution of such laws and customs ; but that any aUenation, grant, or demise may be made agreeable, as well to the form of the laws in the said Island heretofore had and used, as by the form of those presents now added, ordained, and constituted." '•= James's order was, as we have seen, generally disregarded. The follo\\'ing is a specimen of entries in the Records at this period of the enforcement of licences to alienate : — " Lib. Vast. 1611. Paroch St. Michaell. Adam CaUister, Donald Carrett, Finlo CanneU, Finlo Quayle, j ' " Rot. Pat." (Manx Soc, vol. ix. pp. 122-5). - Jur 906 HISTORY OP THE ISLE OF MAN Note, That whereas that is proved in Court as well by Con- fession of Thomas Caloe Tenante of a Quarter of Ground, of the Rent of 14s. 9d. as also by Confession of Sii' Hugh Cannell, Vicar of KK Michaell, That the sayd Thomas hath sould over the said Ground to him the aforesaid Sir Hugh, without the Lycense of the Lieutenante and other Officers of this Isle, con- trarie to an antient laudable Order sett in Becord, and jnib- lished, as ajypeareth, in the Exchequer Book for the year 1583. Therefore the Lieutenante, according to the said Order, caused the said Sayle to be made voyde, and the Buyer and Seller to hefyned in three Pounds to the Lords Use." Note " This Fyne is mitigated by virtue of a Reference from the Countess of Derby to Twenty Shilhngs." Memorandum " That upon a further Consideration at this Court, for that Donald Caloe (notwithstanding a Provisoe formerlie made by the Commissioners, when Thomas Caloe compounded for a Lease of the sayd Ground, on the Behalf of the said Donald That he should have an Offer of the same Ground before another) is well pleased and contented, that the foresayd Sir Hugh shall bargaine and buy the sayd Ground, from his brother Thomas Caloe, and the Lieutenant with the Officers have consented now that a new Bargaine and Sale be betwixt them, and therefore jicrmitted the said Sir Hugh Jiis Name to be entered as foUoiveth : — xiiijs. ixd. " Thoynas Ca?oe + Sir Hugh Cannell . . . xiiijs. ixd. " Entered by Delivery of the Sirawe had from Thomas Caloe his Heirs, Executors and Assigns, in open Com-t." (From Seneschal's OfiQce.) APPENDIX C. " The Lord's officers then wrought so with all the Manksmen of the Island to alter their whole tenure, and to take leases for 3 lives (as they do in England), aUedging the tenure by the straw for that thereby they were but tenants at will, and might be put out at the pleasure of the lord, but by taking leases for lives both they, their wives, and children, were sure to enjoy the same during any of their lives. These leases extended not only to the lands which they possessed, but to the houses wherein they dwelt. Now, to make this innovation the more THE LAND QUESTION 907 plausible, and to seem of less consequence, they at first require but 12 pence for everj- house as a rent, and 12 pence for every acre of land, only they must pay a fine besides, which is now but 4 years rent, so as he that pa^'eth 12d. rent for either house or land must pay 4s. more for a fine. This little may prove a much, for both rents and fines may be rais'd, if not racked, where power hath no conscience. The Maiiks at first muttered, murmured, and complained in private, repining against this innovation (of such consequence in future), but knew not how to help themselves, for some of the wealthier sort, having been won to consent and lead the way, the rest (not having power because poor) dared not to deny but to follow their example, for fear of being made an example." •- APPENDIX D. The following are some further customary laws with refer- ence to inheritance : If a woman marries a man who is seized of a freehold of inheritance, and survives him, she is entitled to one moiety of the estate, clum sola et casta vixerit. This was confirmed by an Act of Tynwald in 1687 (see Statutes, vol. 1. p. 143). If a man marries an heiress, and survives, he shall be entitled to one moiety of the estate acquired by descent as long as he remains a widower, and to a moiety of the land acquired hy pm-chase, absolutely ; and he is solely entitled to the receipt of the rents and profits during the coverture ; also that an heiress so married hath no power to sell or lease her estate, ■without being joined in the act by her husband ; and in like manner, a husband cannot sell or make a perfect lease of his estate, without the consent of his wife, so as to prejudice her right in case of survivorship. And should a man marry a second wife, having issue by the first, the second wife shall enjoy after his decease, only one fourth part of his estate of inheritance during her widowhood ; but if there is no issue living by the first wife, the second shall be entitled to a moiety (Parr's MS.) . (For other curious customary laws on this subject see Statutes, vol. i. pp. 40, 47, 50, 63.) We may mention, too, that, in 1777, the previous arrange- ments as to the mutual rights of husband and wife to landed estates not ha\'ing proved satisfactory, it was decided that a * Blundell [Manx Soc, vol. xxvii. pp. 50-51). 908 HISTORY OP THE ISLE OF MAN wife was entitled to a moiety of her husband's purchased lands absolutely, in case she survived him, and that she might dispose of this moiety, even in his lifetime, to such of her children as she shall thmk proper, or to her husband. This right of dower, however, might be barred by settlement before marriage, and by joining in any sale or mortgage during marriage {Statutes, vol. i. p. 333). This was repealed in 1852, when it was enacted that a widow was to have half of her husband's net personal estate and a life estate in one moiety of his purchased lands {Ibid., vol. ii. p. 328). APPENDIX E. " As the Act of Settlement did not extend [to the bishop's barony and] to the baronies of Bangor and Sabal, St. Trinion's, or the Staff Lands and barony of Maughold, the tenure of the customary estates in these districts continue still to be undefined and unguaranteed by any statutory enactment. The writer, however, believes that it has never been questioned, and cer- tainly is not now, that the tenants of these estates have an estate in fee-simple in these lands similar to that possessed by tenants of lands included in the Act of Settlement.''' These lands are subject to certain small quit-rents payable according to the ancient custom, partly m money, and partly in kind, and in some cases fixed alienation fines have been agreed upon between the tenants and their ancient lords, f These rents and fines appear on the Rolls of their respective baronies, which are stiU kept separate from the Manorial Records of the customary lands. The freehold mines, minerals and other manorial rights in these lands are vested (with the exception of the bishop's barony) in the Crown to the same extent as in the other cus- tomary lands. The bishop in his barony has the mines and minerals, &c." I {Ma7ix Lata Tenures., Y)1).14:-15). This view of the case is confirmed by the fact that the customary " tenants of the bishop's barony ^ and of the several baronies of Bangor and Sabal and St. Trinion's possess and enjoy the right of * Customary freehold. + There are no alienation fines in the baronies of Bangor and Sabhal and St. Triuian's. \ It is stated that he has lead and iron only, the right of the Crown to other minerals being resei'ved. § The bishop's demesne remains in his own hands, and is let by him on leases to ordinax^y tenants. 909 alienation without anj' manorial restraint. In the case of the bishop's barony a composition of an ox or forty shillings was paid by every tenant to each bishop at his installation in lieu of the restrainmg power. It is not known whether the lords of the other baronies possessed this power or how it has been compounded for {Ibid., p. 356). (For an interesting disser- tation on the nature of the title of the present holders of the Maughold barony and "Staff Lands" we refer our readers to the Manx Laiv Tenures, pp. 15-17.) VOL. II. 59 BOOK VIII THE THREE GEE AT INDUSTBIES 911 CHAPTEE I AGRICULTURE IT is clear, both from the description of the Manx land system already given* and from the parti- culars which follow, that Manx agriculture, till a comparatively recent period, must have been of a very primitive kind. The land, for the most part, lay open for about half the year, and it is not un- likely, though of this there is no absolute proof, that joint holdings in scattered strips divided by balks survived up to the middle of the eighteenth century, f The method of tillage in vogue was probably that of three fields, one being under wheat, another under barley or oats, and the third lying fallow for one year.t Unfortunately, we have no definite information with regard to it, nor, indeed, is there '■''■ See Book I. ch. ii. f It must be remembered that this system was in existence in England after that time, it calling forth a remark from Young that the " Goths and Vandals of open fields farmers must die out " before any real improvement could take place. |: At that time the only green crops to give a rotation were vetches and beans, there being no sown grasses or turnips. 913 914 HISTORY OF THE ISLE OF MAN Its condition any account of agriculture before 1577, in which in 1577, '' o ' year we are told, by Governor and Bishop Meryck, that the island was " rich in flocks . . . and com,* but more through the industry of man than on account of the kindliness of the soil."t He also remarks that it not only " produces sufficient for its own consumption, but annually exports a great deal."! Seventy years later it is said to have yielded "besides corn of all sorts . . . good store of flax and hemp." t This corn is specified as consist- ting of " rye, wheat and barley, but chiefly oats, the ordinary bread-corn of the inhabitants." § oAhfiSh ^""'^ The fact that oats formed the chief food of the century. inhabitants is confirmed by another writer, in 1681, who also comments on the goodness of the barley, beans and pease. ;| Sacheverell gives the following account of the soil and its products at the end of the seventeenth century : " The middle part of the country is generally barren and full of mountains. * It is not known whether Manx pasture land increased at the expense of the arable, as in England in the fifteenth and sixteenth centuries, or not. f Cott. MSS. {Manx Soc, vol. iv. p. 95). If we may believe the survey of 1608 (see pp. 878-9 note I), which declares, as regards the parish of Lonan, that there was "noe tenant within that parish because of the Barren Soyle therein," it would seem that the parish was altogether uncultivated. But this is contradicted by the fact that numerous lord's rents would seem to have been paid in that parish in the year referred to, and so we must assume that the surveyors of 1608, whose principal duty was to give a list Ov leases, meant to convey merely that there was no land let on lease m that parish. .| Blundell (Ibid., vol. xxv. p. 40). ^ Chaloner {Ibid., vol. x. p. 6). || Denton, MS. AGEICULTUEE 915 The north-west is a poor gravel and sand ; the north- east has a large tract of meadow called the Curragh, which was formerly under water, but of late well drained and greatly improved ; the south, and the south-east has a reasonable good soil, and produces moderate crops of corn when well husbanded."* Of the island generally he remarks that it "affords all sorts of grain in reasonable plenty, some small quantity of hemp and flax, a little honey and wax."* Thirty years later, Waldron gives a less favourable account of the crops, declaring that the wheat was so bad, that bread could not be made of it, and that there was only sufficient barley to make malt of for home consumption ; he states also that oats was the chief crop and that potatoes were very plentiful, f None of these writers say much about the grass land, but it is probable that, besides mountain land, there was a large proportion of permanent pasture, t Its quality, however, seems to have been in- different. § The cattle that fed upon this pasture are described The uve-stock. as being little, low and poor, || which is not sur- * Manx Soc, vol. i. p. 12. Wc have already seen that at this time the area under flax and hemp was compulsorily in- creased by legislation (p. 426). I Ibid., vol. xi. p. 2. I We may note that there w^ere deer in Man as well as on the Calf. Thus, in 1653, " the deareof this Island have been much neglected" {Lib. Scacc). § " Their meadows are either benty or full of rushes ; some by the sides of rivers much better " (Denton MS.). " Some tolerable pastures." Sachevcrell (Manx Soc, vol. i. p. 12). II Blundell {Ibid., vol. xxv. p. 41). 916 HISTOEY OF THE ISLE OF MAN prizing, seeing that " they feed for the most part in heathy ground, lying continually in the open fields both winter and summer, never housed ; neither is any hay or fodder given them." * The condition of the cattle was much the same half a century later, though " the better sort improve their breed."! The sheep were, in 1648, described " as fat and their flesh as well tasted " t as English sheep, but they were generally smaller. Their wool was very good, though not equal to that of the Cots- wold or Leicester, I and, " when carefully dressed," it made " cloth near a hair colour." § Many of these sheep were so wild that they could not be folded for the purpose of taking tithe. |i There were plenty of goats, and also of swine. Of the swine those which were domesticated were fairly large, but there was also " a small mountain kind called PmTs,"§ which were quite wild and afforded "admirable meat."§ The horses were very small and poor. f^^rX'ire Such being the condition of Manx agriculture witii.° '^°" ^^ between 1577 and 1700, let us now see what were the chief drawbacks it had to contend with during that period, and what efforts were made to overcome them. The main disadvantages under which the Manx farmer laboured were the following : first, the poor quality of the live-stock, especially the horses ; secondly, the almost complete absence of fences and '■= Blundell {Manx Soc, vol. xxv. p. 41). f SachevereU {Ibid., vol. i. p. 12). ; Blundell {Ibid.,ipp. 42-3). § SachevereU {Ibid., p. I'd). \\ Statutes, vol. i. p. 43. AGRICULTUKE 917 trees, whereby the crops and hve-stock were exposed to the frequent strong winds and the crops were rendered liable to be damaged by animals entering upon them ; thirdly, the ignorance of the use of manures ; fourthly, the want of proper drainage. Under the first heading we find that the attention of the insular Legislature was directed mainly to the improvement of the quality of the horses. Thus, one of the obhgations laid upon the Great Manx horses. Enquest in 1577 was that they should present all those who kept any "stoned Horse"* below the value of six shillings and eight pence, or who had any " scabbed horse or mayre." * It was ordered, at the same time, that such diseased beasts were to be thrown over the cliffs into the sea and that their owners were to be heavily fined. Seven years later, it was ordained by the Tynwald Court that, not only should no one keep a stallion of less than the above value, but that no stallion should be less than eleven hands high, t We may note also that the object of James, Lord Strange, in offering, in 1628, a prize of £5 to be run for by Manx horses, was doubtless to improve the breed. I But, notwithstanding these efforts, the horses at the end of the seventeenth century were described as "poor and small, and very unsightly . . . being '■'■'• Statutes, vol. i. p. 54. ■[ "No manner of person or persons shall keep a stoned horse unless he be the height of live quarters of a yard and worth 6s. 8d. in value, otherwise upon the presentment of the Great Enquest, the offender is to be fined 3s. 4d." (Parr's MS.). I Statutes, vol. i. p. 142. 918 HISTORY OF THE ISLE OF MAN all of a sooty black colour, and their hair long and straggling." * They were, however, capable of enduring " a great deal of labour and hardship." * The fences, as we have seen, f were originally for use in the summer only, but, in 1656, on account of the lateness of the harvest, it was ordered that the fences should be kept up till " Allhallow Day," instead of being thrown down at Michaelmas, t Fences. In 1665, a further advance was made by ordering that the fences were to be kept up in winter as well as in summer, or, if not, that a herd was to be kept, so that the land should not remain "common and as wast all the winter season." § With the same object, it was also provided that cattle could be put in the pinfold " as well for the trespass done or made in the winter season, as in the harvest or summer time." § Fences, at this time, were to be 5 feet high ; in 1691, they were ordered to be 5 feet 6 inches, besides a trench 1 foot 6 inches deep and 3 feet broad, and, where trenches could not "■'' Manx Soc, vol. xviii. (Camden's Britannia), p. 13. The size of a Manx horse, even in the eighteenth century, may be inferred from the entry " a substantial horse about 13 hands " {Lib. Scacc, 1716). f Book I. ch. ii. I Statutes, vol. i. p. 110. The old customary law was that " ditches " or fences of four and a half feet high, sufficient " to defend horse or cow," should be kept up from the 25th of March to the 29th of September {Ibid., p. 49). § Ibid., Tp. 126. The pinfolds were naturally in great request. In 1422, it was ordered that they were to be made " as they were wonte to be in old tiine " {Ibid., p. 13), and, in 1665, it was ordered that they were to be kept in repair, like the chm'ch- yards, by the tenants of each treen {Ibid., p. 127). AGEICULTUEE 919 be made, the fences had to be 6 feet high."* Notwithstanding all this legislation, we find Sache- verell, at the end of the seventeenth century, regret- ting that, owing to the ■want of fences on the north of the island, they could not introduce the culture of turnips, f Feltham, writing a century later, remarks that it was necessary to tie the feet of the cattle with straw ropes to prevent their straying, because the hedges were " not sufHcient to keep them, being only earth thrown up in the usual way, without any fencing or underwood at the top." I Since then, there has been a continuous improve- ment in the condition of the fences which still are, however, for the most part, sod banks topped with gorse, though thorn fences and stone walls are gradually becoming more common. As to trees, Blundell, in 1648, goes so far as to Trees, say : " I could not observe one tree to be in any place but what grew in gardens — there is so great scarcity even of birch, as that the mercers in Man . . . when they come into England for other com- modities, they buy up our birch brooms, and of them they make rods and sell them to parents to correct their children, and schoolmen to discipline their schollars." § The scarcity of trees is also mentioned by a writer in Mercicrius Politicus, in November, 1651, who, when describing the sail of Duckenfield's fleet along the eastern shore of the island, states that they were able to observe the insular forces * Statutes, vol. i. p. 151. f Manx Soc, vol. i. p. 12. \ Ibid., vol. vi. p. 47. § Ibid., vol. xxv. pp. 46-7. 920 HISTOBY OF THE ISLE OF MAN mustering because there were " no trees to hide them";* and, seventy years later, Waldron says that a man might ride " many miles and see nothing but a thorn-tree, which is either fenced round, or some other precaution taken, that so great a rarity shall receive no prejudice."! Yet the Legislature evidently did its best to prevent the loss of the few trees that existed by enacting, in 1629, that any one who cut down trees, except on his own ground, should be fined ten shillings ; and, in 1667, that any one committing the same offence must plant five or ten trees, according to whether it was the first or second offence, for each tree cut by him. Fines and imprisonment on this account were also imposed by the Acts of 1753, 1758, and 1817. 1 The first recorded effort to plant trees systematically was made by Bishop Wilson on his estate at Bishop's Court, where the extensive plantations still bear witness to his activity. § But it was not till the present century [j that planting was carried out on a large scale, and even now trees are by no means numerous. Quite recently an arboricultural society has been formed to promote tree-planting. '■^ " Manx Rebellion " (Manx Soc, vol. xxvi. p. 65). f Ibid., vol. xi. p. 41. I See Statutes, vol. i. pp. 82, 134, 252, 278, and 387. Doubt- less the reason of such offences being frequent was the difficulty in obtaining fuel. § "Wilson's History {Manx Soc, vol. xviii. p. 106). II Hainmg's Guide, p. 184. Bullock, p. 244. The Agri- cultural Society (sec p. 926) at that time distributed young trees gratuitously to those who prepared and enclosed land for planting them. AGEICULTURE 921 The primitive method of manuring the land was Manuring. by folding the cattle in small sod enclosures,* where they were kept for about fourteen days. When the piece of land on which they were penned was suffi- ciently enriched, the enclosure was thrown down, and the cattle were then placed in another. * The people knew nothing of the value of lime as a manure till about 1642, when they were taught to use it by Governor Greenhalghe. t Seaweed had been used for this purpose from an early period, I but marl, which abounded in the north of the island, was not applied to the land till towards the end of the eighteenth century. The first mention of an effort thoroughly to drain Draining. the Curragh is in 1648, when, as a preliminary step, the Great Enquest of Michael Sheading was ordered to meet the governor and officers "to view and consider of some convenient remedie and redresse for the drayninge of the waters from the corragh- lands."§ The remedy adopted was the digging of a deep trench, called the Lhen, or Lhane-mooar. This trench required constant repairs to keep it in order, * Statutes, vol. i. p. 14; Wilson {Manx Soc, vol. xviii. p. 103). f Sacheverell {Manx Soc, vol. i. p. 12). Tradition has it that the people imitated him in burning stone to make lime, but, since they did not confine themselves to limestone, they frequently failed, and so, attributing his success to witchcraft, they gave up their attempts. Numerous piles of calcined stones may be found in various parts of the island at the present day. I Wilson {Manx Soc, vol. xviii. p. 103). § Lib. Scacc. 922 HISTOEY OF THE ISLE OF MAN and there are frequent references in the Records to the necessity* of doing so. It is noticeable that, after the trench was made, the northern side of the island, which had hitherto been considered the least fertile part, gradually became the most fertile. The Curragh, however, was not the only marshy part of the island which was full of small lakes and bogs. The works necessary to drain most of these were ultimately carried out in 1756, t 1763, t and 1776. § fanning. Let US now cousidcr the profits obtainable from farming. Before 1660, it is very difficult, owing to the very few sales of land mentioned in the Eecords, and to the paucity of evidence with regard to the money value of the com dues payable by each quarter-land, to estimate what proportion the lord's rent and other charges on the land, such as corn and turf dues, bore to its value. But it may, perhaps, '■'■'■ One of these, in 1714, ran as follows : " Whereas com- plaint is made that notwithstanding severall orders formerly issued forth for the opening the sluices and cleaning the draines that carry off the water from our Honourable Lords Land called the Lanemore yet the same is neglected whereby the said Lands is very much damnified and rendered of less profit . . . therefore you are hereby required forthwith to give notice to all persons whose Lands and Trenches adjoin to the said Lanemore ... to open and cleanse their respec- tive draines, trenches and sluices " (Lib. Scacc). •f- Lib. Scacc. | Statutes, vol. i. p. 292. § Ibid., p. 301. In 1771, Vicar-General Wilks remarked that many acres of marshy and mountainous land had been re- claimed, and it would be inferred from his statement that most of this had been done since 1765 {Manx Note Book, vol. iii. p. 179). AGPJCULTUKE 923 be stated, with some approximation to the truth, that the average value of a quarter-land (of say eighty acres), at the beginning of the seventeenth century, was from £50 to £'60, and that the charges on it varied from 30s. to £2 annually.* It will, therefore, be clear that the margin of profit was not excessive, and that the lord's rent, which forms more than one-half of the total, was at least a real rent and not a mere nominal charge, as, owing to the enhanced value of land, it is at present. Between the period of the Restoration and that of deprllsfon the Act of Settlement, (1660-1704), agriculture aiidi704, languished, one cause of this being, according to the farmers, that the profits would not suffice to pay the rent, and the reports of the juries appointed to enquire into the question seem to show that there was some truth in this, as far as the inferior farms which were out of lease were concerned. Thus it was stated, in 1677, that the annual valuation f of six farms in the sheading of Glenfaba, which were unlet, was £2 17s. Id., and that the lord's rent payable by them was £2 10s. 9d., while, in the sheadings of Rushen and Michael, the valuation was •■• Thirty-nine leases taken between 1542 and 1592, but for the most part between 1582 and 1592, give an average rental of 8-Jd. per acre, or. averaghig a quarter-land at eighty acres, 56s. 8d. per quarter-land, but these leased lands were pro- bably the choicest farms in the country, j The juries stated that they had valued the land " green- side up," and had computed " the yeerly worth of grasse, hay, and herbage by wich computation " most of the farms " will not discharge and satisfy the yeerly rent much less the other incumbrances " (Lib. Scacc). after 1704. 924 HISTOEY OF THE ISLE OF MAN not sufficient to cover the rental.* But another and more general cause of the depression in agri- culture was the insecure condition of the tenure. Under these circumstances we are not surprized to find that Manxmen paid more attention to their fisheries than to their land, and that, towards the end of the century, many of them were tempted to take part in the profitable, though hazardous, pursuit hnp/ovement ^^ Smuggling. After the passage of the Act of Settlement, however, agriculture slowly revived. The culture of flax was encouraged by the legislation already referred to in Book ii. chapter ii., as well as by the purchase and gratuitous distribution of Dutch flax-seed, by the Government, f and the crops generally were improved by the extirpation of the purrs, or wild swine, which had caused consider- able damage to them.t No doubt, too, Manx farmers were stimulated to make improvements by the remarkable success of Bishop Wilson, § in farming his demesne, especially when he proved the superiority of his methods by raising large quantities of grain during the famine years of 1740 and 1741, when his neighbours' crops ■■• The valuation of the other sheadings has been lost. It is interesting to note that the juries estimated the "grassing" of a cow at Is. 4d. per annum. In 1756, this had advanced to 8s. 3d. f Lih. Scacc, 1706. I In 1711, the Legislature endeavoured, though in vain, to obtain the boon of free trade for its agricultural and other produce from Great Britain in return for an undertaking to put an end to the smuggling {Statutes, vol. i. p. 187). § He was the son of a farmer. AGEICULTUKE 925 had all but failed. Such improvement as there was, however, must have been very gradual, since, in 1739, we are informed that the island had not for many years past produced sufficient corn for the support of its inhabitants,* and, in 1765, one of the afffcun""" first objects of the legislation then passed was to afterth"'^ provide the Manx people with wheat, barley, oats, ^®^^'*''"^®°''- meal, and flour, t It was also enacted that the prohibition of the exportation of Manx live-stock, except sheep, to Great Britain, should be done away with ; that all agricultural implements, flax, and flax-seed, might be imported from thence duty free, + and that the bounties on corn meal and flour ex- ported from Great Britain into the Isle of Man§ should be discontinued. So inert, however, were the farmers that very little use seems to have been made of these facilities, though there is no doubt that the check which smuggling received at this time 'I caused more attention to be paid to farm- ing. H And yet a competent authority, writing at the end of the eighteenth centurj^ describes the farmers as only cultivating a small portion of their estates, leaving the rest to be grown over by heath * Petition of William Quayle to the Crown (Loose Papers. Knowsley). t 7 Geo. III. c. 45. By 6 Geo. III. c. 40, a quantity of wheat, not exceeding 2,500 quarters, was allowed to be im- ported into the island. I Commissioners' Report, Appx. (B) No. 44 (5 Geo. III. c. 43). § Ibid., 5 Geo. III. p. 30 (see p. 585). II Sec p. 597. If Though they sitill went to the herring-fishing. VOL. II. 60 926 HISTOEY OP THE ISLE OF MAN and gorse.* Some advances were, however, being made. In 1765 and 1776, there was some useful legislation about boundaries, f About 1770, clover was introduced, and, ten years later, turnips were first cultivated. Nevertheless, in 1792, the Duke of Atholl reported that agriculture was " nearly as backward as before 1765 . . . excepting near some of the towns. I But just at this time a rapid im- provement set in. Stimulated by the increasing price of corn and the low price of land, enterprizing Scottish and English farmers bought or rented farms, and their superior methods of culture were auhe end^or^ gradually imitated by the natives. § A great impetus, cenuu-y. ^^O' was givcu, in 1798, to the breeding of a better class of sheep by the issue of a permission to import one hundred sheep annually from England, i and, in 1807, the improvement of live stock generally was powerfully stimulated by the establishment of a branch of the Workington Agricultural Society IT in the island. This was mainly due to the exertions of John Christian Curwen, who was an ardent agri- culturist.** Unfortunately the improvement in ■->' Report by J. C. Curwen, quoted by Bullock, p. 243. Bishop Hildesley writes of the insular beef and mutton being small, but, when fat, superior to the English (Manx Church Magazine, vol. i. p. ciii.). I Statutes, vol. i. pp. 292-3, and 300-2. I Commissioners' Report, App. (D), No. 28. § Jefferey's Guide (1809), pp. 75-6. |] By Act 38 Geo. III. c. 63. This quantity was increased to 300 in 1811. IF Its first meeting was held on the 7th of July, at St. John's. =•"•= This society also gave prizes for the best cultivated farms. AGEICULTUEE 927 methods of culture and quality oi' stock was not accompanied by the introduction of more efificient agricultural implements. At the beginning of the ^piements present century the ploughs are described as rudely very Sitive. constructed, and drawn by four oxen yoked abreast. They required the services of two men, one to hold the plough, and another who used a fork to assist in regulating the depth of the fuiTow, whilst the harrows had teeth made of wood hardened over the fire, which were sharpened every morning before being used. * Such implements were, of course, inefficient, and so we find that from half to three- quarters of an acre was considered a good day's work for a team of four oxen, and from three- quarters of an acre to an acre for a horse team of two, three, or four, according to their strength, f Threshing machines were introduced as early as 1793 ; but for years after that time farm carts were almost unknown, the usual method of carriage being on horses' backs, I or by means of sledges formed of two shafts, connected by five or six cross-bars. These were somewhat wider at the end which trailed on the ground than at that which was condition of fastened to the horse's back.§ It cannot, then, be 181-3. ' wondered at that a competent observer, in 1812, speaks of Manx agriculture as " a recent art," and that he remarks that the attention it received " from '■^- Train, vol. ii. p. 241. f Quayle, pp. 109-10. I They carried panniers called " creels." § Quayle, p. 40. And yet it is said that tillage in 1812 was effected at a reduced expense, " owing to improved methods ' {Ibid., p. 52). Ii Quayle, p. 20. 928 HISTORY OF THE ISLE OF MAN the numerous yeomanry, among whom the soil is principally divided,"* was still insufficient. He also criticizes the defective construction and un- ventilated condition of the farm buildings and houses, and the want of cleanliness in the dairies ; and he points out that the system of soiling was " unknown or unpractised."* Another failing of the Manx farmers, at this time, was the neglect of a proper rotation of crops. The production of corn, owing to the enormous increase in its price, paid handsomely, + so that three crops of it were often taken in succession. The principal corn crop was barley, which was '* in universal use among the poorer classes for the purpose of bread,"! it being also in demand for the numerous insular breweries. One result of this exclusive cultivation of corn + was that, in 1812, Manx exports of grain exceeded, for the first time, the imports, and this continued to be the case up to 1820. After that date the imports were again in excess of the exports till about 1835. § There is no doubt that during the period from '^'- Quayle, p. 20. The size of the farms varied from ten to one hundred and fifty acres, there not being more than sixty farms of sixty acres or above (Ibid., p. 25). f The average prices at this period (1800-16) were : Hay, about £S per ton. Barley, 4s. 6d. and wheat 10s. 6d. per bushel. Turnips £5 per load, but they varied greatly in price. The price of horses, and horse-keeping, of implements and of wages in 1812 were double what they were in 1792 {Ibid., p. 52). I It was estimated, in 1816, that the average production of good land was from 40 to 50 bushels per acre for oats and barley and from 25 to 30 bushels per acre for wheat {Bullock, p. 245). j Appendix A. AGEICULTURE 929 1808 to 181G Manx farmers wero very prosperous. Prosperous period from Trade rapidly increased and so did the numbers of ^^^ ^° ^^^'^^ English families which settled in the island, as well as of the native population. Moreover, the heavy taxes which were at this time imposed in England operated as bounties upon Manx agriculture.* One result of this prosperity was the cultivation of land high up in the mountains, and to such an extent had this process been carried out that, in 1819, a shrewd observer remarked that it had gone further than profits would ultimately justify, a statement which has been since then amply justified.! The excessive production of corn, as well as the increase of popula- tion, resulted in the decrease of the exports of live stock at this period. On the other hand, the imports, not only of stock, but of grass and clover seeds, after 1800, increased, which affords a proof that there were some effort to promote improved cultivation.! Kents, following the increased price of agricultural produce, were greatly augmented. In 1792, lands near Douglas, Castletown, and Peel were let at from 15s. to £2 per acre, while, near Ramsey, rents were, as a rule, below 15s. per acre. The uplands let at Rents *■ ^ lucreased about 5s. per acre throughout the island, and the andTlisin^ mountain land at about 2s. § By 1812, all these ^^^"f^"- - Bullock, p. 249. I J. M. D. ]\IcCulloch, Western Islands of Scotland, vol. ii. p. 519. He spoke approvingly of the cultivation of the north of the island. \ Appendix A, where the very meagre statistics procurable will be found. § In 1805, J. C. Curwen estimated the number of productive acres in the island at 100,000, and their average rental at 10s. 930 HISTOEY OF THE ISLE OF MAN D-rawbacks to agricultural progress stil existing. rents were nearly doubled. Then, after the conclu- sion of the great war in 1815, came a sudden collapse. The numerous troops which had been stationed in the island were removed. Many of the large class of visitors, who had been tempted to reside in it by the operation of the Act of 1737, by which debts contracted out of the Isle of Man were not recover- able there, departed, on its repeal in 1814. Prices consequently fell suddenly.* This unfortunate state of things was aggravated by several bad seasons, and by the free importation of foreign wheat, which, except for brief intervals in 1819 and 1821, continued till 1828, when it was prohibited.! But there were also other and more permanent drawbacks to agricultural progress. Among them were the still defective fences, the bad state of the highroads, and the laziness induced by the pursuit of the herring fishery, in which much the largest part of the male population found employment, t To these we may add the method of the collection of the tithe, and the attempt to take the tithe of potatoes and other green crops which had not been demanded for many years. § Many farmers, especially the smaller ones, were ruined, and they, with numbers of the labouring ■'■' Also wages. f By Act 9 Geo. IV. cs. 20 and 60. But the same Act prohibited the export of malt to the United Kingdom, and of gromid corn, except wheat meal, wheat flour or oat meal, to Great Britain, and of ground corn to England. l Wood (p. 44), writing in 1811, said that four-fifths of the farming work was done by women. § See p. 661. AGEICULTUEE 931 class, being unable to obtain employment, emigrated Emigration *=■ 1. J ' tD and reduction to America, especially between 1825 and 1837.* of thi snmu^''' This led to the rapid reduction in the number of the '**^*''®^- smaller estates which were absorbed into the larger ones.f So marked were the effects of emigration and of the fall in prices of agricultural produce, that, in 1828, an insular journaHst stated that the former had "most seriously contributed to drain" it "of its heart's blood," and that the latter had " reduced the Island almost to a state of bankruptcy;"! and we learn that, in 1829, " the farmers were idle, that their lands were exhausted by improvident tilth § and that mortgage upon mortgage had accumulated." + More- over, what the Legislature termed, in 1827, "the most injurious and unnatural union of the two trades of fishing and farming" still continued. ^ This consequent state of things naturally reduced the competi- ianVandit3°^ tion for land, and, therefore, both its value and its rent fell. During the period between 1816 and 1839 the average value of good land did not exceed £20 * Manks Advertiser. f Teignmouth, vol. ii. p. 203. \ Manls Advertiser. § There is a good deal of discrepancy in the evidence as to the way in which the land was cultivated, though there is no doubt that it was much injured by the constant cropping for corn. According to one account, it was well manured and properlj' cultivated (Haming's Guide, 1822, p. 183) though it was admitted that there was great room for improvement, while, according to others, manure was so scantily supplied that it was not infrequently carried to the field in a creel instead of a cart {OsivahVs Guide, 1823), and there were constant complaints of the neglected state of agriculture and the want of drains (Letters to the Manks Advertiser, 1830). rent. 932 HISTORY OF THE ISLE OF MAN Chief causes of the improvement of agriculture after 1839. per acre * and that of inferior land was as low as £Q per acre. Yearly rents varied from 6s. to 30s. per acre, except near Douglas, where a few good fields were let at about £3 per acre. I In 1823, the gross rental of the island was computed at from £60,000 to i70,000, and, in 1835, it was put at i^lOO.OOO, the mortgages on it being estimated at £40,000 annu- ally. I After 1839, however, owing to the passage of the Tithe Commutation Act, which removed the friction between the landlords and the clergy by placing the payments from the former to the latter on a satisfactory basis, a great improvement in agri- culture, especially in the northern district, is notice- able. § Drainage was carried out on a large scale, || subsoil ploughing' was introduced, and artificial manures came into use. The re-estabhshment of the Agricultural Society in 1858 had also a good effect. 11" The result of these various causes was a very large increase in the exports of agricultural * In 1820, the fami of Ballasliamrock, near Douglas, of 100 acres, was sold for jG1,461. In 1817, there were eight farms near Douglas, the rent of which was under 20s. per acre. i Quiggin's Guide, p. 124 (edit, of 1831). + Oswald's Gnide (1823) and Teignmouth, vol. ii. p. 203. § As late as 1845, however, some primitive methods survived, the farmers even then, in some cases, using horse creels to carry their manure while they transported their corn in sledges (Train, vol. ii. pp. 240-7). The following are prices and rents of farms in the northern district in 1858 : Ballavarran, Jurby, 154 acres, rent J£170, sold for ^£4,400. Ballavoddan, Andreas, 165 acres, sold for j£8,200. Ballasteen, Andreas, 128 acres, sold for jE5,850. || After 1853, tile draining began. ![ It had failed in 1813 ; it was re-formed in 1842, but only lasted till 1845. AGKICULTURE 933 produce, especially of wheat, potatoes,* turnips, hay. Result: and fat cattle, f At the same time, the stock of prJ,Xc'e°ind cattle, sheep, horses, and pigs, largely increased, t p''°^i'®''*''>'- Even the repeal of the corn laws in England, in 1846, does not seem to have produced much effect on prices which were kept up hy the gold discoveries in California and Australia. The tenants were as prosperous as the landlords, though rents had increased 50 per cent, since 1792. In 1863, the rents, in the lowlands, varied from £1 to £S per acre, some lands letting to butchers, near the towns, especially Douglas, for as much as £'4 per acre. Eleven years later, when rents reached their highest point, they were, perhaps, about 10 per cent, higher than in 1863. This state of things, with the exception of a few short periods of reaction, § con- tinued till about 1874, when, with regard both to crops and rents, a change set in. The cultivation of wheat, owing to its growing importation from other countries, became unprofitable, i| while the increased number of summer visitors rendered it necessary to produce more milk, butter, and meat for their consumption, and more oats for the large number of horses required for their use. To such an extent, indeed, has the home market for these commodities - A potato factory was set up in Douglas in 1851. f Unfortunately there are no reliable statistics to show this (see Appendix A). ] Appendix B. § Man was visited by the cattle plague in 1865, 1870, and 1877. II The acreage under wheat fell from 7,444 acres, m 1873, to 809 acres in 1896 (Appendix C). 934 HISTORY OF THE ISLE OF MAN Shrinkage of rents since 1874. Condition of agriculture at present. increased, that, though a much larger part of the island has been placed under permanent pasture, grass, and oats,* and, though the stock of cattle and sheep has increased till it has become an unusually large one for the area under cultivation,* it has been necessary to import an annually increasing quantity of live-stock, poultry, flour, fruit, vegetables, butter, and eggs.t Rents since 1874 have shrunk, generally, about 20 per cent., and, in the case of mountain lands, from 30 to 40 per cent. The agricultural depression was, perhaps, at its worst from 1879 to 1886, though rents have continued to fall since the latter date. Within the last few years, however, prices have slightly improved, and the fall in rents has been checked. The value of agricultural land has, especially near the towns, been well maintained, I though it is not so high as it was 25 years ago. Its cultivation is favourably commented on by a writer in the Encyclopcedia Britannica in 1882, and he notes the improvement of cattle due to the importation of -■•= Appendix D. f In the evidence given before the " Commission on Manx Industries" in 1899, the quantity of imports was estimated as follows : Butter, 200 to 220 tons ; eggs, from a million to a million and a quarter; poultry, about 10,000; and an "immense quantity " of all sorts of fruits and vegetables. The imports of live stock, except lambs, do not much exceed the exports, but of them there are a " much larger quantity imported than exported." The chief exports are barley, turnips, and potatoes. \ This is shown bj' the prices received for Lady Buchan's properties in 1890: Castleward (2 miles from Douglas), .£6,115 for 180 acres ; Kirby (1 mile from Douglas), £6,500 for 218 acres ; Ballahutchin, Marown (d\ mUes from Douglas), £6,100 for 203 acres; Ballanayre (2^ miles from Peel), £8,250 for 155 acres. AGRICULTURE 935 Ayrshires and shorthorns. Since 1889, the insular Government has contributed to the improvement of stock by giving premiums for stalHons and bulls, and, in 1896, it instituted lectures on dairying, a depart- ment in which Manx farmers have still much to learn.* They have, however, not been behindhand in the introduction of labour-saving machinery, such as self-binders, &c., but, indeed, this has been forced upon them by the large emigration of labourers from the country districts. On the whole it may fairly be said that, at the present day, the average condition of agriculture in the Isle of Man is not much inferior to what it is in England and Scotland, and that the position of the Manx farmers, though they generally pay higher rents f than their compeers in those countries do, is, except perhaps in the more remote parts of the island, a more favourable one than that of the Enghsh and Scottish farmers, t The present position of Manx farmers and of agri- culture is referred to by a Commission on "Local Industries" which reported in 1900. The com- missioners state that they "have not discovered any causes prejudicially affecting Manx farmers which do not equally affect farmers in England, ■■' These have, however, not been continued since then. f The increased price of labour during the past thirty years has not affected farmers unfavourably, since it has been more than compensated for by the introduction of machinery. I In Appendix E will be found a summary of recent legisla- tion concerning agriculture. 936 HISTORY OF THE ISLE OP MAN Scotland, and Ireland " ; * and they continue : " Indeed, we believe that, owing to the excellent demand here for all sorts of agricultural produce in the summer, the position of our farmers, except those in the more remote districts, is an excep- tionally favourable one."* They also remark that, " on the whole, rents are not excessive." f In relation to the state of cultivation their comment is that " there is need for better and more thorough cultivation of the land," | and that, as regards the crops, "neither Manx wheat nor barley is as good, on an average, as English; but that "oats, the largest corn crop, is, on the whole, fully equal to what is grown on the mainland." § They declare that the Government premiums for stallions and bulls have been beneficial in improving the breed of horses and cattle, but that dairying is "in a very unsatisfactory condition," § Manx butter being " very unequal in quality." § Legislation is recommended to compel the cutting of noxious weeds, which are very prevalent, [j and to insure adequate attention being paid " to the deepening, widening, and main- taining of the main arteries of drainage" || in boggy districts ; and lectures in connexion with dairying, market-gardening, arboriculture, and beekeeping are suggested. =!= Commission on Local Industries {Manx Blue Booh, 1900, pp. 1-2). f Ibid., p. 3. I Ibid., p. 2. § Ibid. II An Act has since been passed for this purpose. AGEICULTUEE 937 ArrENDIX A. EXPORTS. m . 1 • -11 T 1 -.at different boys employed m the fishmg till tow^ards the end periods. of the eighteenth century, when it was about 2,500,* which would mean that about 10,000 people, or nearly two-fifths of the then population, were, partially at least, dependent upon the fishing for a livelihood, f It was calculated that, in 1883, the 2,872 1 men and boys actually employed in the Manx fisheries had a population of 11,000 con- nected with them, and that 700 other people employed as boat-builders, net-makers, &c., had a further population of 2,000, or 13,000 in all, which meant that about one-fourth of the insular population was, either directly or indirectly, dependent on fishing. § The Manx fishermen are, as is well known, a remarkably fine race of men. within the island, incurred mostly by the expence of herring boats and nets, have increased since 1765 nearly ^£100,000" (Conirs.' Report, App. (D) No. 28). ■■'• Reckoning the average crew of a boat at seven. f Manx Note Booh, vol. iii. p. 180. I These are the figures given in the official catalogue of the Fisheries Exhibition, but the insular " statistical abstract " gives them as 2,507 (Appendix B). § Official catalogue of the Fisheries Exhibition. 952 HISTOEY OF THE ISLE OF MAN Penodkiai ^^^ Their chief industry, that of the herring fishing, has herring fishery, unfortunately always been Hable to periodical failures. The first of these, of which there is any record, was about 1612 ; in consequence of it the allowance of herrings to the lord, to which we have already referred, was considerably reduced. * There was another failure about 1648, and another about 1687. t So numerous were the herrings caught pre- viously to this last date, that, though 500 herrings were sold for a groat (4d.), the annual value of the herring fishery was estimated at £3,000.1 It was during this failure that Manx fishermen went, for the first time, to a distance from home in search of fish, they having hitherto confined themselves to the home fishing in the months of August and September. A few years later, between 1700 and 1710, herrings were again very scarce. § There was a serious failure in 1827, but after that year there was a gradual improve- ment, and, between 1840 and 1864, the fishery was prosperous on the whole. After 1864 the takes gradually dwindled till 1883, when there was a recovery. They then rapidly fell, and, in 1886, their total value did not exceed, approximately, £5,500. The years 1887 and 1888 showed a slight improvement, but since then their value has fallen ■''• Statutes, vol. i. pp. 79-80. f It was represented to Lord Derby, in 1705, that the fishing had failed for nearly 30 years (Knowsley Muniments, 1™.) I Manx Soc, vol. i. pp. 14-15. § It was at this time that Bishop Wilson added the petition in the Manx Litany : " That it may please Thee to restore and PISHING 953 to the insignificant total of less than i'1,800, in 1897. * These periodical failures of the herring fishery Reports of ■^ o ^ committeeB on have been several times investigated by committees, l^g^^ng^ °^ but their recommendations have never been of any practical use because of the want of success in obtaining Imperial legislation which alone could control the Irish and Scottish fishermen as well as the Manx. The first of these investigations was in 1827, when it was reported that the diminution of the number of herrings was due to shooting the nets before sunset. Further reports, in 1849 and 1873, attributed it to deep-sea trawling over the banks. Messrs. Buckland and Spencer Walpole again reported against the shooting of nets before sunset, but committees of the Tynwald continue to us the blessings of the sea," which is still read in the Manx churches. We have accounts of the lord's receipts from the herring fishing for most of the years between 1702 and 1764 which give a good idea of how it varied : — 1702-4 nU. 1718 £bO 1738 £69 1705 ^6 1719 missing 1739-40 £86 1706-9 missing 1720 £4.1 1741 £92 1710 ^2 1721-8 missing 1742-5 £452 1711 ^34 1729 £45 1746 £114 1712 Ml 1730 £68 1747-8 £222 1713 ^£49 1731 £38 1749 £109 1714 .£52 1732 £49 1750 £109 1715 £55 1733 £50 1751 £109 1716 M3 1734 £44 1752-64 £1,525 1717 missing 1735-7 missing (From Knowslej' Muniments and seneschal's office, Douglas.) * See Appendices B and C. The best idea of the failure of the fishery during the last seventeen years will be gathered from the figures in Appendix C. 954 HISTOEY OF THE ISLE OF MAN Court appointed to consider this question in 1881 and 1887 failed to arrive at any conclusion. Finally, a Commission, which was appointed in 1896, recommended, as regards herrings, that instructions should be given to the fishermen to preserve all spawn and to replace it in the sea, that Imperial Acts should be passed to establish a close time during the spawning season and to prevent nets being shot before sunset. They also recommended generally, that the arrangements for the transport of fresh fish should be improved, that efforts should be made to establish an industry for curing fish and utilizing the products from them, and that proper regulations for supervizing the fisheries in the Irish Sea and protecting the spawning beds should be made by a Manx Fishery Board in conjunction with the Imperial Government. Fish other go far we have referred to the herring fishery, but than herrings. " there were, and are, plenty of other fish round the Manx coasts besides herrings. Writing at the beginning of the eighteenth century, Sacheverell tells us that the sea about the Isle of Man " has great variety of excellent fish, as halybut, turbut, ling, cod, &c., and all sorts of shell-fish . . . the oysters are very large but scarce." * And, in 1777, in answer to queries from Pennant, the antiquary, Vicar-General Wilks wrote : " We have many sorts of fish caught, such as herrings, cod, haddock, ling, * Manx Soc, vol. i. pp. 14-15. About 1869, a bank of these was discovered near the Point of AjTe by Jersey fishermen, and was practically destroyed by them. FISHING 955 whiting, pollocks, sea carp, mackerel, gurnets, ray, flounders, congers, and sometimes and but seldom turbot, soles and John Doreys. ... In the months of June, July, August, and September we have at times on our shore * great quantities of sand eels . . . also some musel (sic) banks along shore,* but they are seldom come at or used."t In addition to these we may mention plaice, fluke, and britt. In Jnlljedinthe 1840, there were fifteen vessels and 120 men employed ''°'^ ^'^^°^'' *'^" in the cod fishery, and eighteen fast sailing vessels, with 120 men, belonging to the island, were em- ployed in the transport of fresh fish to Liverpool. I This trade, owing to the improved means of trans- port to the inland towns of Great Britain by the railways, has rapidly grown in importance, while that in cured fish has decreased. § The transporta- tion is now entirely conducted by steamers. In 1849, appeared the first of the reports of the Line^fishers insular Legislature which reflected the popular trawlers. opinion in favour of the long-line fisheries and against the practice of trawhng, as well as against the use of trammel nets. But, though it was sug- gested by Messrs. Buckland and Walpole in 1879, that, as an experiment, trawling should be prohibited * At Ballaugh. f From Ballaugh Parish Book (MS.). I Laughton's Guide (1842), pp. 177-182 ; Train, vol. ii. pp. 301-5; and Quiggin's Guide (1847), pp. 65-73 and 193-8. § Ban-els cured averaged : 1787-1790, 11,274 ; 1841, 667,245 ; 1848, 644,368; 1849, 770,698; 1852, 28,845; 1859, 34,357; 1860, 44,120; 1801, 18,112; 1864,34,357. A barrel contains 600 herrings. 956 HISTORY OF THE ISLE OF MAN in Castletown Bay,* nothing was done in that direction till 1894, when a committee of five members was appointed by the Tynwald Court with power to make bye-laws regulating the sea fisheries.! Among these bye-laws was one prohibiting trawlers from fishing within three miles from the shore. The question of this prohibition was considered by the commissioners who reported in 1898, and they came to the conclusion that, though the evidence concern- ing the damage done by trawlers was conflicting, it was desirable to continue it. They also recom- mended that the trawlers should be compelled to use nets with a larger mesh, that the use of all trammel, seine, trawl and drag nets should be prohibited within the limit referred to, and that a hatchery for lobsters and flat fish should be established at Port Erin. I Value of the jt will have been seen, from what has been said, fisheries ' ' generally. j^q.^ great the value of the fisheries is to the Isle of Man. In 1883, their produce was estimated at £140,384 ; the value of the boats, with their equip- ment, being placed at £241,806. § * Insular Blue Book, 1891. They also suggested that con- servators should be appointed for the preservation of salmon and trout. We have not entered into the question of river fisheries because they are of small importance, though the island contains several excellent trout streams. f Statutes, vol. vi. pp. 613-17. :[ For general recommendations see Blue Book (1898) pp. 12-14. § Statistics as to the number of fishing boats, their tonnage, the number of men and boys employed, the value of the boats and lines, and of the fish caught, will be found in Appendix B, but, unfortunately, they are not sufficiently accurate to be of FISHING 957 APPENDIX A. PRINCIPAL ACTS OF PARLIAMENT IN CONNEXION WITH MANX FISHERIES. 7 Geo. III. c. 45, sec. 17 (1767) granted bounties for encou- ragement of the herring fishery and allowed utensils to be used in the fisheries to be imported. 11 Geo. III. c. 52 (1771) repealed these bounties. 12 Geo. III. c. 58 (1772) gave permission to export to Great Britain herrings bond fide caught off the Isle of Man provided a certificate to that effect was produced and a payment per barrel (32 gallons) of 3h. 4d. for white herrings and of ls.8d. per 1,000 red herrings was made. Herrings could be exported to British colonies free and salt could be loaded by fishermen, on their giving a bond that such salt should only be used for curing herrings. 25 Geo. III. c. 34 (1785) prohibited the exportation of herrings caught off the Isle of Man, unless a proper certificate was obtained that they were actually caught there. 26 Geo. III. c. 81 abolished the duties imposed by 12 Geo. III. c. 58, and granted bounties of Is. per barrel on herrings cured white, and 2s. 8d. per barrel if they were either exported direct from the island or thi-ough Great Britain to foreign parts. Cured red herrings received a bounty of Is. 9d. per barrel only when exported, the Is. bounty on them having been omitted by mistake. 35 Geo. III. c. 56 (1795) granted an additional bomity of Is. per barrrel for every barrel of herrings landed in the island. 39 and 40 Geo. III. c. 85 (1799-1800) enacted that the bomity paid under 35 Geo. III. c. 56 was to be taken out of the sur- plusage of the Manx customs. 41 Geo. III. c. 91 (1801) put Manx fishermen and fish-curers on the same terms as to bounties as their compeers in Great Britain. value. Some accounts give the number of the herring boats only, others of all the fishing boats ; sometimes the value of the catch of herrings only is given, at other times, of aU the fish, and the accounts of the tonnage are uncertain, while sometimes the men and boys indirectly, as well as directly, employed in the fishing are included. VOL. II. 62 958 HISTORY OF THE ISLE OF MAN 48 Geo. III. (1808) granted a bounty of J£3 per barrel to all vessels employed in the white herring fishery on the coasts of Great Britain and Ireland. 1 Geo. IV. (1820) abolished this bounty, but extended the bounty of 4s. per barrel, on all herrings caught, landed, cured and packed in Great Britain, to the Isle of Man. 3 and 4 William IV. c. 59 (1833) abolished all bounties. APPENDIX B. No. Men and Value of Value of Date. Fishing Tonnage. boys boats and Boats. employed. geai-. v'CuUv'l.t • 1777 (a) 415 From 3-10 tons 2,905 1791 (b) 400 3,200 3,600 ... 3,000 § 1810 (c) 450 av. 16 tons ... 90,000 ... 1840 (d) 230* From 12-18 tons l,500t 57,500 72,000 1846 (e) 606 5,145 3,813 83,427 70,000 § 1849 (/) 605 5,586 3,865 76,605 ... 1850 (g) 600 • • • 3,800 83,000 80,000 § 1852 (h) 503 5,003 2,805 43,749 1859 U) 574 5,053 2,450 57,220 ... 1860 (k) 581 5,149 2,480 60,249 ... 1861 (I) 591 5,349 2,480 62,114 ... 1864 {vi) 300* 6,600 2,800 65,087 70,000 § 1876 {n) 300* 6,500 2,500 160,000 40,000(15)1 1879 (s) 390 6,723 2,529 ... ... 1883 (s) 361 6,298 2,507 241,306 (o) 42,460 (p)t 1887 (s) 370 6,436 2,382 ... 11,520(2): 1892 (s) 380 6,817 2,191 ... 3,942 (9)t 1896 (s) 356 6,170 2,023 ... 6,011(2): 1897 1,758(2): p. 180. Report. App. D, {a) V. G. Wilks. Manx Note Book, vol. (6) Duke of AthoU's Evidence. Comrs. No. 28. (c) Woods, p. 79. (d) Quiggin's Guide, 3rd Edition, pp. 65-73 and 193-198. Also Train, vol. ii. pp. 301-5, and Laughton's Guide (1842) pp. 177-182. (e) Quiggin's Guide. * Herring boats only. § Of all fish. Men only. Value of herrings only. FISHING 959 ( ) Royal Commission."-'- (g) Capt. John Washington's Report." (h) Report of Commissioners for British Fisheries. "■'= {j k t) Report in Imperial Blue Book. (m) Royal Commission.-- (n) Brown's Guide. (o) Official Report. Fisheries Exhibition. (p) Estimate by R. Corrin, Peel. All fish j£140,384 (o). (q) Estimate obtained by reckoning the Peel catch at three- fifths of the whole, and adding 5 per cent, for private sales, (s) Statistical abstract. Manx Blue Book. PEEL, f (Herring boats only.) Date. No. of boats. Tonnage. Men and boys employed. Cost value of boats and gear. Value of catch. ~' £ £ 1881 309 7,725 2,163 231,750 11,190 1882 270 6,750 1,890 202,500 12,204 1883 240 6,000 1,680 180.000 23,314 1884 231 5,775 1,617 173,250 10,624 1885 235 5,875 1,645 176,250 8,613 1886 205 5,050 1,420 151,000 3,118 1887 197 4,820 1,358 143,900 6,583 1888 193 4,675 1,321 139,200 7,194 1889 169 4,100 1,138 118,500 3,570 1890 190 4,450 1,270 131,500 3,667 1891 168 3,825 1,101 122,250 3,017 1892 174 3,900 1,128 114,000 2,254 1893 166 3,625 1,057 105,250 3,030 1894 140 2,900 860 83,000 2,894 1895 90 1,850 510 45,500 3,500 1896 60 1,200 300 23,000 3,435 1897 55 975 265 19,250 1,001 There are at present 56 Manx fishmg boats at Port St. Mary, with 346 men and boys. The value of these boats fully equipped is ^9,100. The average value of all kuids of fish landed at Port St. Mary during the last four years is ^2,927. Between 1852 and 1882 the average value of herrings alone landed at this port varied from dE35,000 to ^£45,000.^ * Tbese are in Imperial Blue Books. I Information supplied by the late Robert Corrin. These arc boats belonging to Peel only. i Information from Captain Qualtrough (Harbour Master). CHAPTEK III MINING rpHEEE is no doubt that, in proportion to its -^ area, the metalliferous wealth of the Isle of Man has been very considerable. Two of its mines, Laxey and Foxdale, have stood, for a long series of years, in the first rank in the British islands for productiveness of zinc and of silver lead, respectively. These metals have constituted its principal riches, but copper pyrites and hematite-iron have also been raised in marketable quantities, while only very small amounts of the ores of nickel and antimony have been found. It is not surprizing, seeing that metalliferous veins are conspicuously exposed on the cliffs of the island, especially at Bradda Head, that there are records of mines existing in it at an early date. They are first mentioned in 1246, when King Harald granted a charter under which the monks of Furness Abbey obtained the right to work them.* We learn, some fifty years later, that * Cott. MSS. Manx Soc, vol. vii. pp. 79-81. 960 MINING 961 John Comyn, Earl of Buchan, had a hcence from Edward I. to dig for lead in the Calf of Man, to cover eight towers of his Castle of Cruggleton in Galloway.* In 1406, " mines of lead and iron " are included in the grant of the island to Sir John Stanley by Henry IV. ; f and, in 1422, it was ordained that the lord's mine should be managed by his " Lieutennant, Receiver and Comptroller." t The discovery of workings in which the ore had been extracted by means of " feather- wedges " § shows that these mines had been worked before the discovery of gunpowder, § but there is no actual record of mining operations till the middle of the seventeenth century, when Captain Edward Christian i found that the rocks at " mine-hough" {i.e. Bradda Head), contained " much silver." IT The working does not seem to have been persevered vdth at that time owing to the supposed difficulties caused by the presence of the sea. After the Res- toration mining was prosecuted more systematically. Both lead and copper ores were sought, and the lord let his rights in the mines, on condition of * Chalmer's Caledonia (vol. iii. p. 372), quoted by Gumming {History of the Isle of Man, p. 307). f " Rot. Lib. Pat." {Manx Soc, vol. vii. p. 236). I Statutes, vol. i. p. 19. § J. F. Berger, M.D., " Mineralogical Account of the Isle o Man," Trans, of Geological Society, vol. ii. (1814), p. 51. II See p. 232. IT Chaloner {Manx Soc, vol. x. p. 8). Blundell at this period makes the remarkable prediction that " it will be experienced hereafter that Man is far richer underground than it is above" {Manx Soc, vol. xxv. p. 49). 962 HISTOEY OF THE ISLE OP MAN receiving one-fifth of the produce. It was on these terms that he granted a lease of all the mines in the island, with leave " to erect a smelting mill. or more than one for the smelting of the oar, mynes [sic] and minerals," * and, in the following year, he, "being by good reasons persuaded that there is plenty of coales " * in the island, ordered the governor to search for them. In 1679, there is a record of a grant made by Charles II. to the earl " of all mines royal of gold or silver, or holding gold or silver to such a proportion as according to the Laws of the Kealm of England doth make the same a mine Koyal." f In 1699, the lord's fifth part of the lead and copper ore raised amounted to 32 tons, 13 cwt. ; and, in 1700, 227J tons of iron ore were shipped from the mine " att Daunane " (? Drynane) in Maughold.| John Murrey, a well known Douglas merchant, had, in 1708, I a lease of all the Manx lead and copper mines from the lord, on condition of paying i*3 per ton for all ore raised by him. In 1709, he paid for about 40 tons, and, from 1709 to 1713, for about 30 tons yearly. In 1711, he built a new smelting-house, but three years later he surrendered his lease, § and we find, consequently, the following notice issued by the lord : — " Forasmuch as our Honourable Lord hath been ■'• Seneschal's Papers. •f- Office of " Woods and Forests," London. I Sacheverell, in 1702, merely remarks that iron, lead and copper have been fomid {Manx Soc, vol. i. p. 14). j Seneschal's Papers. MINING 903 pleased for the discovery and finding out mines within this Island ... to send over an order . . . that any person who shall find out any veines of Lead or copper . . . such as shall be thought fitt for working by the Steward or overseer of the said workes . . . shall not only have paid down unto them fourty shillings as a reward but shall have the preference of working the said mines, 3 pounds a ton for every ton they shall get, delivering unto the Steward a fifth part of what oare they shall raise after the same is cleansed and made merchantable, provided they begin and prosecute the said work within three months." * About this time Bishop Wilson writes as follows about insular mines : " Mines of coal there are none, though several attempts have been made to find them. But of lead, copper, and iron, there are several, and some of them have been wrought to good advantage, particularly the lead ; of which ore many hundred tons have of late been smelted and exported. As for the copper and iron ores, they are certainly better than at present they are thought to be, having been often tried and approved of by men skilled in those matters. However, either through the ignorance of the undertakers, or by the unfaithfulness of the workmen, or some other cause, no great matter has as yet been made of them." f From this statement it appears that the metals were raised in much the same relative proportions * Lib. Scacc. t Wilson's History, 1726 {Manx Soc, vol. xviii. pp. 94-5). 964 HISTOKY OF THE ISLE OF MAN at that time as at present; that the zinc-blende associated with the lead ores, which is now a product of considerable value, was then worth little or nothing ; and that the attempts made to work the veins of copper and iron were not any more successful, commercially, than they have been since. In 1724, the mines were evidently being again worked, since the governor reports to Lord Derby that the " prospect " was best in copper ore " of which a considerable quantity is weekly raised," whereas, " Foxdayle hath from the first been worked with the least success " ; and, he adds, " I shall be forced to give it up, for the longer we work it the worser it grows." * This report has been entirely falsified by results, t The lease from the Crown, to which we have already referred, expired in 1736, but was revived on the petition of John Duke of Atholl in 1780, supported by a statement by Peter John Heywood, deemster, "that he is enabled to declare of his own know- ledge and from what he hath heard, that there are not any mines of gold or silver in the said Island ; that the only mines which now are or ever were wrought in the said Isle, as he hath heard and believes, are mines of Lead and Copper. Except he hath heard some mines of iron have been worked formerly, and that he hath been ■■'■ Knowsley (Loose Papers). i In 1731, a report to Lord Derby by J. Lend. Foren mentions the good prospects of a mine called the "Whinuery," for the right of working which "a gentleman from London had offered j£500 " (Loose Papers. Knowsley). MINING 965 informed by persons experienced in the know- ledge of mines that there is a proportion of silver in the Lead mines now working, but so small as by no means to answer the expence of assaying and separating." * According to one authority the mines at Laxey " were opened and wrought by a mining company of Cumberland, about the commencement of the last century," f but we have no definite knowledge of their having been worked till about 1782. I At the same time, workings were renewed at Foxdale. Laxey was, in 1808, being worked from the banks of the river, and yielded silver-lead, blende, and copper. The small importance of the results obtained may be estimated from the facts that only three miners were employed there in the year referred to and that they did not extract sufficient ore to pay for the expense of working. § This need cause little surprize when we learn that the copper ore and the blende were " thrown away among the rubbish." ji The lead glance (galena) is said to have then been very rich in silver, yielding 180 ounces to the ton. During the same year, the mine at Bradda was again closed, " the miners being engaged in the more profitable employment of the herring fishing." H Foxdale mines were in the same condition. The rubbish lying there was " almost wholly of frag- * Ofl&ce of "Woods and Forests," London. f Berger, p. 5, quoting from a MS. of Fitz-simmons's. I By William Elliot {Lib. Scacc). § Woods, p. 20. II Ibid., p. 18. IT Ibid., p. 12. 966 HISTOEY OF THE ISLE OF MAN ments of slate, mixed with pieces of brown blende, a little lead glance, and some sparry iron-ore,"* which shows that the granite had not then been penetrated. Laxey was then being worked by two levels from the banks of the river, and yielded silver- lead, blende, and copper, t In 1819, MacCulloch states that all the mines were abandoned with no prospect of renewal. He speaks of Laxey, Bradda and Foxdale as the three principal mines, but mentions that work had also been carried on at Ballacorkish and Glenchass.t In 1823, the Foxdale mines were re-opened by Michael Knott, of Kendal, who held it from the Duke of Atholl, § and Laxey mines started again in the same year. In 1825, a "fine vein of ore" § was discovered at Laxey, and we are told that the " insular mines are doing admirably, particularly Foxdale." § Encouraged by this. Bishop Murray ordered a mine to be opened in his barony, in Marown, " by following the direction of that rich vein which has been wrought to such great advantage at Little Fox- dale." II No success, however, attended this venture. In 1828, Michael Knott's interest in Foxdale was bought over by what would now be called a syndicate, who divided it into 16 equal shares, which were afterwards reduced to 14.11 During the third and fourth decades of the cen- - Woods, p. 13. f Ihid., p. 18. \ MacCulloch, Western Islands of Scotland, vol. ii. pp. 574-5. § Manhs Advertiser. About 20 men were employed at each mine. II Manks Advertiser. H Isle of Man Times, 1885. MINING 967 tury there was a great revival in the Manx mining industry, and its development from that time v^^as rapid. In 1830, the Foxdale mines were in a most flourishing condition, a vein a yard square having been then recently discovered there, and, in 1831, their produce during three months only was valued at £14,000. In 1832, the Laxey £100 shares were selling for £500. In 1837, an iron mine was opened in Maughold, which, in 1848, was raising about 500 tons of ore a month. Gumming remarks, in this latter year, that the Foxdale mines had proved the most productive in the island, and he states that the average amount of silver-lead ore raised annually there during the previous ten years had been 2,400 tons, and also that the Laxey mine, which was being worked by a new company, was raising 60 tons of lead, 200 tons of blende mixed with lead, and 5 tons of copper ore, per month.* In 1852, the Laxey Mining Company's £80 paid shares were selling at from £1,000 to £1,100, and, in 1854, they reached £1,200. In this latter year was erected the great wheel at that mine, which was said to be then the largest in the world. It was designed by a Manxman, Kobert Casement.! In 1862, the - History of the Isle of Man, pp. 308-10. The three mines referred to were employing over 700 men and boys at this time. f It is " breast shot," beiag 72 feet 6 inches in diameter and 6 feet broad. The axle came from the Mersey Iron Works, Liverpool. The arms, of wood, were made in the island, as were the cast-iron rims (at Gelling's Foundry, in Douglas). It can pump 250 gallons a minute from a depth of 200 fathoms. 968 HISTORY OF THE ISLE OF MAN " Great Laxey Company " was formed. In 1853, the Foxdale Mining Company was brought under the Joint Stock Companies' Act, and was afterwards registered as a hmited company,* We are told that in 1885, the raisings of lead ore at the Foxdale mines since 1828 had been, approximately, 125,000 tons, reaHzing ^1,850,000, the profits being £400,000.1 The great prosperity of these two companies stimu- lated, between 1850 and 1870, the search for metals in every part of the island. Numerous new com- panies were formed and mines established on the slenderest prospects, and, consequently, with almost uniform ill-success. In some cases no ore whatever was obtained; oftenerthe veins jdelded lead, zinc, or copper, in quantities too small to be marketed. In a few instances, sufficient ore to be worth selling was found, but it did not pay for the working expenses. Of late years even Laxey and Foxdale have not paid so well as formerly, owing to the reduced price of metals, but, just recently, metals have again risen in price, with the result of increased prosperity to the mines. We conclude with a brief account of some other Building stone, economic products of the Isle of Man. The chief source of building stone is the slate series. This material is raised in rough slabs along the bedding or cleavage faces, and is used in this condition for ordinary walling, but, since it can only be very imper- fectly squared or " dressed," it has to be supple- * With 2,800 shares of ^25 each, this, in 1881, being changed into 14,000 shares of ^5 each. f Isle of Man Times. MINING 969 merited, in most buildings, by bricks, freestone, or hewn limestone."* The carboniferous limestone of the south of the island affords good building stone, though it is rather dingy in colour. The durability of this stone is proved by the excellent state of preservation of Castle Rushen, which has been principally built of it. The dark, flaggy, argillaceous limestone, which forms the uppermost portion of the carboniferous limestone at Pooylvash, was formerly quarried for steps, tomb- stones, &c., under the name of "black marble." The steps of St. Paul's Cathedral, in London, so often mentioned in local literature as having been supplied from the Pooylvash quarry, are no longer in existence. The Peel sandstone was formerly rather exten- sively quarried for building purposes, but, since it has not been found very durable, it is not much worked at the present day. The Foxdale granite has also been quarried, but without much success. The Dhoon granite, how- ever, being extremely hard and close in texture, has recently been utilized on a large scale for paving setts, t Bricks are made in several parts of the island from Bricks, boulder-clay, and, in the Peel district, from decom- posed slate. These operations are, as yet, on a limited * Since it is somewhat porous, it has been usual, of late years, to cover houses which are built of it with cement. f I.e., transported granite boulders (mainly from Scotland) have been lai"gely used in Manx buildings and walls. Note particularly Bride Church. 970 HISTOEY OF THE ISLE OF MAN Roofing slate. Lintel slate. Lime. Ochre and Umber. scale, and the produce is not of the highest quahty, though the "Glenfaba" brick has a good reputation. About the middle of this centuiy very large sums were expended in opening quarries in the hope of obtaining roofing slate. The Manx slate rocks have, however, been so much crushed and "sheared " that their structure as a whole is unfavourable for the production of good slate, and heavy losses were therefore incurred by the adventurers. A variety of slate was formerly quarried at the foot of the precipices of Spanish Head which could be raised in long tough beams with a somewhat fibrous structure. It was used for Hntels and other purposes of construction.* A floor and ceiling of this material may be seen in Castle Eushen. Quarries on the hill-side south-east of Ballaugh have also suppHed similar beams. The carboniferous limestone tract of the south of the island, at the present day,! furnishes the sole supply of lime. This valuable product is largely used by Manx farmers. I Ochre and umber are obtained from decomposed carboniferous limestone in the south and from a decomposed vein in the slates of Maughold Head, along the course of a basaltic dyke. Both these sources have been worked intermittently. § * It is mentioned in this connexion in several old accounts of the island. f In the past the limestone boulders of the glacial deposits of the north of the island have been used, and a thin calcareous band in the Peel sandstones was also quarried. I bee Ch. I. § We append statistics relating to the quantities of lead, MINING 971 The drift deposits, especially those of the low sand, grounds, usually contain an abundance of sand, which is, for the most part, available for building purposes. Recent borings in the vicinity of the Point of Ayre s^it. have demonstrated the existence of large deposits of salt at a considerable depth below sea-level, which, it is hoped, may prove of economic value. A deposit of fuller's earth has just been discovered in Michael. silver, copper ore, zinc ore and zinc obtained from Manx mines. The average annual amount of Lead raised since 1845 has been as follows :— 1845-54, 1,651 tons ; 1855-64, 2,132 tons ; 1865-74, 2,949 tons ; 1875-84, 3,717 tons ; 1885-94, 4,733 tons. Of Silver, the average annual amount since 1851 has been : — 1851-60, 49,478 oz. ; 1861-70, 129,739 oz. ; 1871-80, 145,702 oz. ; 1881-90, 127,241 oz. ; 1891-5, 120,787 oz. Copjper Ore, except from 1863-72, when an average of 520 tons was raised, has only been found in comparatively small quantities. Of Zinc Ore, the average annual amount since 1863 has been : — 1863-72, 4,704 tons; 1873-82, 8,197 tons; 1883-92, 4,705 tons ; 1893-98, 2,630 tons. Of Ziiic, the average annual amount since 1881 has been :— 1881-90, 2,478 tons; 1891-95, 1,111 tons. The above particulars have been obtained from the following sources:— (1) The Geological Sm-vey to 1847; (2) The Re- cords of the School of Mines to 1852 ; (3) From the Mineral Statistics of the United Kingdom from 1853 to 1890 and from 1896 to 1898; (4) The Manx Statistical Abstract from 1891 to 1895. For full particulars about Manx mines, see the annual reports by Sir W. W. Smj-th from 1857 to 1888, the Mineral Statistics of the United Kingdom, also The Geology of the Isle of Man, by Mr. G. W. Lamplugh, F.G.S. SUPPLEMENT KINGS, OR LORDS, IN MAN, SCANDINAVIAN SUZERAINTY.- 1079-1095. Goclred I. (6Vouan).f '? 1095-1096. Lagman. ., ( 1096-1098. ) „ , ^ • 1 1108-1112. } ^°''^^^- ? 1099-1103. ? Sigurd. 1103 or ? 1113 ) „, fj.r^j-. , to 1153. ) {Kleimnrj). Godred II. 1153-1158 and 1164-1187. 1158-1164.1 Somerlcd.§ 1187-1226. Reginald I. 1226-1237. Olaf II. 1237-1248. Harald. 1249. Reginald II. 1249-1252. Harald (Godred Don's son).§ 1250-1252. Ivar.§ 1252-1265. Magnus. * Frequently iu abeyance. + It is so difficult to identify the rulers iu Man before his time that we have not attempted a list of them. \ Re} 6 i SUPPLEMENT 985 Manx Names— The Surnames and Place-Namesof the Isle of Man. A. W. Moore, M.A. (1891). Manx Note Book, The (1885-1887). Manx RelDellion— Illiam Dhone and the Manx RelDel- lion [XXVI.] . Manx Sun, The.='^ Mona's Herald, The." Monumenta de Insula Manniae, or a Collection of the National Documents relating to the Isle of Man. Translated and edited by J. R. Oliver, M.D. (3 vols.). f Neale— Ecclesiological Notes. J. M. N. (1848). O'Curry— Manners and Customs of the Ancient Irish, 3 vols. (1873). Pamphlet (1783)— Cursory Remarks on a Bill, signed t)y part of the Legislature of the Isle of Mann, in 1781, &c. „ (1824)— Petition to the House of Commons of the House of Keys of the Isle of Man. Pre- sented May, 1824. "With observations. „ (1825j— A Short History of the Transactions in the Isle of Man on which the Keys founded their late Petition to the House of Commons, &c. Pari. Papers (1804). Report from the Committee on the Isle of Man Port Petition (May 5, 1804). „ „ (1805) No. 79, Papers presented to the House of Commons respecting the Isle of Man (Atholl Case). „ „ (1851)— Harl30urs (Isle of Man). No. 651. „ „ (1853). Customs Reform, Isle of Man. Copies of Treasury Minutes and of Cor- respondence. Ordered to be printed August 19, 1853. „ „ (1859), No. 216. Copies of any Corres- pondence between the Secretary of State for the Home Department, the Lieutenant-Governor of the Isle of Man, the House of Keys, and the Office of Woods, &c., as to the Forests in the Isle of Man. Dated August 12, 1859. * Newspaper. I Manx Society, vols, iv., vii., ix. See (0). 986 HISTOKY OF THE ISLE OF MAN Pari. Papers (1864)— Papers relating to the Isle of Man. Ordered to be printed July 28, 1864. No. 553. „ „ (1866). Isle of Man (Financial Measures). Keturn to an Order of the House of Commons, dated March 15, 1866. No. 115. Parr's MS.— An At)stract of the Laws, Customs, and Ordinances of the Isle of Man. Deemster John Parr (1693-1713^. Pipe Rolls (O). Prehistoric Times. Sir John Lubbock (1865). Prendergast— The Cromwellian Settlement of Ire- land (2nd edit., 1870). PuTblic General Statutes. (Legal Reports.) Quayle— A General View of the Agriculture of the Isle of Man. Thomas Quayle (1812). Rhys, Celtic Britain (2nd edit., 1884). Rhys— Ethnology of the British Isles. Reprint from Rhind Lectures on Archaeology in the Scottish Review (1890-1891). Rhys, HilDlsert Lectures— Lectures on the Origin and Growth of Religion as illustrated toy Celtic Heathendom (1886). Rising Sun, The. '^ Robertson— A Tour through the Isle of Man. David Robertson (1794). Rosser— The History of Wesleyan Methodism in the Isle of Man. James Rosser (1849). Rot. Hib.— Rotuli Hiberniae (0). „ Litt. Glaus.- „ Literarum Clausarum (O). „ Litt. Pat.— „ Literarum Patentium (0). „ Orig. in Curia „ Originales in Curia Scac- Scacc— carii (0). ,, Pari.— „ Parliamentorum (0). „ Pat.— „ Patentium (0). „ Pat. Hib.— „ Patentium Hiberniae (0). „ Scot.— „ Scotise (0). * Newspaper. SUPPLEMENT 987 Sacheverell— " An Account of the Isle of Man," its Inhabitants, Lang'Uage, Soil, &c. William Sache- verell (1703) [I.]. Sale of the Island : Copies of the Contracts and Agreements iDetween the Lords Commissioners of H.M.'s Treasury and His Grace, John, Duke of Atholl, respecting' the Sale and Conveyance of the Isle of Man. Ordered by the House of Com- mons to be printed, May 18, 1829. No. 252. Seacome— The History of the House of Stanley. John Seacomc (Edition of 1821). Short's History of the Church of England. Intro- duction—Sketch of the History of the Church of England, &c. By Thomas Vowler Short, D.D. (9th edit., 1875). Six Centuries of Work and Wages. Thorold Rogers (1884). Skene— Celtic Scotland : A History of Ancient Altoan. By W. F. Skene, D.C.L., LL.D. (2nd edit., vol. i., 1886 ; vol. ii., 1887; vol. iii., 1890). Sodor and Man— Diocese of Sodor and Man, The (S.r.C.K.). A. W. Moore (1893). Statutes— The Statutes of the Isle of Man. (Gill's Edition.) Vols. i. to vi. Statutes at Large, The. S. P. Jac. I.— State Papers, James I. (C). S. P. Car. I.— State Papers, Charles I. (C). S. P. Dom. Jac. I.— State Papers, Domestic, James I. (C) S. P. Dom. Ser. Car. I.— State Papers, Domestic Ser- vice, Charles (C). S. P. Dom. Interreg.— State Papers, Domestic, during the Interregnum (C). S. P. O.— State Paper OfBce (O). S. P. O. Scot.— State Paper Office, Scotland (C). S. P. Dom. Corr.— State Papers, Domestic Correspon- dence (C). Stowell— The Life of the Right Reverend Father in God, Thomas Wilson, D.D., Ac. The Rev. Hugh StoweU (1819). (C) Quoted for the most part from the Chetham Society's publica- tions. The proximate source of information is given in tne text. See (O). 988 HISTOEY OF THE ISLE OP MAN Talbot, The Rev. T. : Letters in the Manx Sun. '^ Teignmouth— Sketches of the Coast and Islands of Scotland and the Isle of Man. Lord Teignmouth (1836). Theiner's Vetera Monumenta — Theiner's Vetera Monumenta Hi"bernorum et Scotorum (G). Titles and Powers of Governors of the Island, The. Sir J. Gell (1877). Isle of Man Times reprint, 1885. Townley— A Journal kept in the Isle of Man, &c. Richard Townley (1791). Train— An Historical and Statistical Account of the Isle of Man. Joseph Train, 2 vols. (1845). Vat. Arch.— Vatican Archives (G). Waldron— A Description of the Isle of Man, pft^a^ \^%i .^v^^ t^TTj. l^ NON-REN ,^£C0 \.^^^^ JUL llMI MAY ^9 DUE 2 WKS FROM dm RECEIVED I ^t "EA m 991 Form L-H 20nJ -12, '30(3386) L 006 337 961 DA 670 M2H78 V.2 UC SOUTHFRN RFGIONAL LIBRARY FAnuTY AA 000 400 261 4 .^: -; .-''■■v?!-.- ■■---/tN;.;;'..!^'!-'...;.: ■ ;V', ■'('■-i-' i''!' ••f'\}'''.\ It'. -'^vVf.'. .r-'^j^^-''," ■