The Isle of Man
Legal System
|
| The Isle of Man
|
|
While the King of Man or his Governor held civil courts, for genealogical purposes our main interest is with the ecclesiastical courts of which there were two, the Archidiaconal or Archdeacon's and the Episcopal. There was no difference in status between the two courts. The Archdeacon's Court sat in the winter and the Episcopal Court sat in the summer presided over by the Vicars General. Every year each court made two circuits of the Island. Originally the courts sat in each Parish in turn, starting in Lonan and proceeding clockwise around the Island. Over the years slight modifications were made such as alternating between two parishes as this note from The Liber Causarum of 1718 shows.
April 26 1718
The following order for Holding the
Courts, is to be observed for the future viz:
May Circuit
At KK Bride & KK Maughold, Alternately
KK Onchan
KK Arbory
KK Patrick
KK Michael
Michealmas Circuit
At KK Christ Lezayre Church
KK Braddan & Douglas, Alternately
KK Malew & Castletown, Alternately
Peel Church
Ballaugh
Candlemas Circuit
At KK Andreas
KK Lonan & KK Marown, Alternately
KK St. Anne & KK Rushen, Alternately
Peel Church
Jurby
Each court maintained it's own records which were kept in the Archdeacon's Registry or the Episcopal Registry.
The courts sat in three forms.
This sat twice a year in each Sheading and dealt with undisputed wills, claims on debts and legacies and matters relating to tithes.
The court sat twice a year in each of the Sheadings, granting probate of wills and administrations for estates of intestates. The Sumner of each parish brought all widows, executors or next of kin of persons who had died in the parish since the last sitting of the court. For this purpose a list of burials was entered every three months.
The Chapter Court also dealt with offenders who were summoned to answer presentments, that is charges for breaking laws against
"witchcraft and sorcery; adulterers, fornicators, blasphemers and drunkards; all who carry bells or banners before the dead or pray at the graves of the dead; any keeping a market on the Sabbath or profaning the same; any not attending church."
These presentments often provide the name of the father in cases of illegitimacy or the names of other relatives.
This was the highest of the three ecclesiastical courts. It dealt with any matters which could not be decided by the lower courts. It's records are found in the Liber Causarum.
Each Court was assisted by a jury of six men from the Parish in which the Court was sitting. The names of these jurors appear on the title page of each sitting. Additional juries consisting of two or more men were sworn for special purposes.
A jury of four men in each parish which assisted the courts in property matters. To ensure that their knowledge of property was up to date it was formerly the custom that the Mooar (collector of Lord's Rent) of the current year was to be a member of the Setting Quest of the following year. At one time the members of the Setting Quest were liable for unpaid rents if they entered an insolvent tenant.
As it's name implies, rendered verdicts on cases of slander and public disorder.