Although it is not the design of this sketch to give a history of the Ancient Manx Tenures or to describe minutely their ancient peculiarities, it is necessary in order to furnish to the reader a clear explanation of the nature of the modern Manx Tenures and the present position of the Crown in relation to the different descriptions of Lands in the Island, to refer shortly to the mutual relations of the Lords of the Island and the tenants previous to and since the Act of Settlement of 1704.
By letters patent under the Privy Seal of England, Henry IV on the 7th day of April, [note 1] in the 7th year of his reign, granted to Sir John de Stanley, Knight, the Island and Lordship of Man and the Castle of Peel with all its regal and seigniorial rights, properties, authority and dominion therein, including the patronage of the Bishop and the temporalities of the Bishoprick, to hold to him, his heirs and assigns as fully and entirely as any former Lord held the same; by homage and allegiance and by the service of presenting two falcons to the Kings of England on their coronation days.
At the time of this grant the portions of the Island now known as the Abbey Lands of Rushen, [2] Malew, Braddan, Lonan, and Lezayre, were held by customary tenants under the Abbot of Rushen and the Prior of Douglas, the small baronies of St Trinion's in Marown, and of Bangor and Sabal in Kirk Patrick, and the lands now called the Staff lands and the barony in Maughold were held by customary tenants holding under the Mesne Lords of those Baronies [note 2] and the Bishop's Barony (excepting the glebe or demesne in the possession of the Bishop) was held by customary tenants holding under him as Baron or Mesne Lord. These Mesne Lords all held under the Lords of the Island by fealty and claimed these lands in freehold under Ancient grants made by former Lords or Kings of the Island. All the remainder of the Island consisted of the Castles and demesne and unrented or waste lands in the hands of the superior Lord :md the customary lands which formed the great bulk of the country in the hands of customary tenants holding immediately from the Lord.
The effect of the grant was to constitute Sir John de Stanley a feudatory King and as to the lands in the Island to place him in the position previously held by the Crown and the former [3] Lords. He, therefore, became entitled as the immediate superior Lord to the fealty and other feudal services of the Bishop in respect of his Barony, and of the Abbot Prior and Barons, they thus occupying as between him and the customary tenants or farmers of their lands the position of Mesne Lords. The grant did not affect the position of these tenants as to their immediate Lords to whom they continued to render their rents, suit of Court and other feudal services as before. As to the remainder of the Island the grant entitled him to the demesnes and wastes and to the rents, services, escheats, forfeitures and other seigniorial privileges of the customary lands the holders of which by the operation of the grant became his immediate tenants.
By the Act 27 Henry VIII the Monastery of Rushen and the Priory of Douglas being dissolved their lands were vested in the Crown. [note 3]
By Act of Parliament of 8 James I entitled "An Act for assuring and establishing the Isle of Man" the whole of the former rights of the Stanley family and the rights acquired by the Crown by the Act of 27 Henry VIII in the lands of the Monastery of Rushen and the Priory of Douglas were confirmed to William Earl of Derby the then head of the Stanley family and to the Lady Elizabeth his wife for their lives and to James Lord [4] Stanley his son in tail male and in default of issue male to their second son Robert Stanley in tail male. In default of his issue male to the heirs male of the Earl William and in default of them to the heirs general of the said James Lord Stanley.
From the date of that Act up to 5 Geo. 3. C 26 the family of William Earl of Derby and the Dukes of Athol the heirs general of James Lord Stanley continued in this position as to the land holders of the Island viz:— they were superior Lords of the Island, the whole of which including the Abbey Lands before mentioned but excepting the other small baronies before named which were held under them in freehold by fealty, and excepting the portions or ciemesnes in their own possession was held immediately under them by the customary tenants.
By the Act of Parliament 5. Geo. III, C 26 called the "Act of Revestment," the Island and all regal and other rights included in the grants to the Stanley family (except the demesne lands and waters and the manorial rights, rents, services, &c., of the customary tenants) were revested in the Crown.
In pursuance of the Act 6. Geo. IV. cap. 34 (10th June 1825) the whole of the demesnes manorial rights remaining possessions &c., included in the Stanley family grants and not revested by the former Act were purchased from the Duke of Atholl and conveyed to the Crown.
Upon this event the whole of the customary tenants of the Island, including the customary [5] tenants of the Abbey Lands and of the Baronies of St. Trinion's, Bangor and Sabal (the interest 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 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.
Since the final purchase by the Crown small portions of the Island have been granted by the Crown through the Commissioners of Woods and Forests.
Under the Act of Tynwald of 13th of November, 1860, called the Disaforesting Act, portions of waste or demesne lands have been sold by the Commissioners under that Act, and other portions alloted to the Crown and to the owners of Customary Lands in lieu of rights of Common.
A Legal survey of the whole Island at the present time shows us that all the lands in it may be classified as follows:-
These five classes include whole Island.
In the following pages the writer purposes giving an outline of the Manx Law respecting each of these descriptions of estates, but as the lands not included in the first class comprise only an inconsiderable portion of the Island, and as the Ancient Customary Laws and Statues are confined in their operation to these lands and the lands under class 2 the greater portion of the succeeding pages will be devoted to a description of the tenure and incidents of the lands in these two classes.
For Sherwood's notes on this chapter see Appendix 1.
Note 1: The lcttcrs patent were under the Great Seal of England, and were dated the 6th April, 1406.
Note 2: The Barony in Maughold is the Barony of St Bee's, or Bede, of which the Prior of St Bee's in Cumberland was Lord. There is reason to believe that the "Staff Lands" were formerly lands within the Barony, subject to the customary service of preserving the Pastoral Staff of the Barony to be produced when required for processions. It is probable that on the dissolution of the Monasteries and Religious Houses the customary service was not reequired, and by oversight no service or rent was substituted and the lands have grown into freehold lands. There were Staff Lands in the Bishop's Barony in Kirk Patrick, but such lands are now subject to a lord's or chief rent.
Note 3: There is no Act which authorises the dissolution. The Act of Henry VIII did not apply to the Isle of Man. It has been erroneously supposed that it did.