CHAP. cused myself from doing for very many reasons." It is not XIX. the first time that we have found him shy of appearing be fore the Castle Rushen staff; and he being in this instance prima facie disturbed in a known prerogative, it behoved him not to seem anxious about defending it: it was the assailants' part first to make out their cause. But after three days, Aug. 21,— "I went," he says, "to Castletown, to wait on Mr. Edward Stanley and Mr. Josiah Poole, lately come from Lord Derby. The first assured me that Lord Derby was desirous to live in peace, &c. That persons excommunicated came with complaints, particularly Captain Thos. Heywood, who pretended that being a soldier he was exempt from my jurisdiction, &c. That Lord Derby had sent him" (Mr. Stanley) "to settle this affair, and therefore, 66 Aug. 23, we had a meeting, where I insisted on my purely spiritual power over all within my diocese, &c. And as for the temporal jurisdiction, I referred that to the laws of the land; and would be concluded by the opinion of the twenty-four Keys, which I insisted upon." In this sentence the Bishop is giving the substance of a paper which he delivered into the Commissioners' hands on that day, and caused to be carefully recorded : : "Castle Ryshin, August 23, 1725. "To prevent misunderstandings in this conference touching the exemption from ecclesiastical jurisdiction claimed by fee'dmen, I desire it may be observed, that as Bishop of Man I am under a double oath and obligation; one to the Archbishop of York, to whom I was sent by His Majesty of Great Britain to be consecrated, and to whom I took an oath of obedience, and amongst other things solemnly promised to correct and punish such as be disobedient and criminous within my diocese, according to such authority as I have by God's Word, and as to me shall be committed by the ordinance of the realm, which oaths are reserved in my other oath of fidelity to the Lord of this Isle. "Now I hope it will not be expected from me, that I shall be answerable for this purely spiritual authority, which I have from God's Word, to any but to my spiritual superior; my oath, and the Act of Parliament of the 33rd of Hen. VIII., and the Statute of Appeals, making me accountable to the Archbishop of York in all episcopal and purely spiritual causes. "But forasmuch as I am bound as Bishop of Man to exercise also a temporal jurisdiction, such as fining and imprisoning of XIX. certain offenders, in all such cases I acknowledge that I am to CHAP. be governed by the laws of this land; and such we believe we have, and as plain as words can make them, to justify our proceedings, as well as a continued series of precedents for as long as we have records. "But if the plain meaning or authority of any such law shall be questioned, I desire, and insist upon it as my undoubted right, to have the twenty-four Keys called to deem the law. *And this will be the best and most legal way to satisfy our Honourable Lord that we have had a most sacred regard to the laws and his Lordship's prerogatives; and that we have acted just as our predecessors have done time out of mind. "THO. SODOR AND MAN. "To the Honourable Edward Stanley, Esq. "Eod. die, compared and examined with the original by us, WM. WALKER, J. WOODS." 66 The next day, finding doubtless that his reference to the Keys was demurred to, he sent in another copy, changing only the last clause and address : "Castle Rushin, August 24, 1725. "Which if I am denied, I do protest against any consequence that shall follow from this conference, or any opinion the Deemsters (whose own case this is) may give, to the prejudice of the authority which I have by the Word of God or by the laws of this land. "THO. SODOR AND MAN. "To the Worshipful Nicholas Christian and John Sanforth, Esqrs., Governors of this Isle; who are desired to order this to be recorded." "Sept. 3," (apparently at Bishop's Court). "After dinner Mr. Stanley, Mr. Pool, and the new Comptroller entered into discourse with Mr. Henderson and myself about the badness of our laws, both temporal and ecclesiastical." (Henderson is called elsewhere" the King's Officer at Ramsea," and had been stigmatized as a reckless supporter and introducer of the "Independent Whig.") "I set him (Stanley) straight with respect of [? to] his mistaken notions of some of our ecclesiastical [laws?], &c. .. And assured him (he and the rest having all declared with one voice that they did not nor would not pretend to obstruct our purely spiritual power) that as for our temporal power, we should at any time submit to have it limited or mended, if it shall appear to the Legislature that we have either abused it, or that it is likely to be abused, to the injury of the subject." XIX. СНАР. No special account remains of what passed further at this conference. But that on the whole it separated with fair hope in the Bishop's mind of a reasonable and friendly settlement, would appear by his calling his clergy together before a week had passed, and drawing up with them, or rather for them, the address which follows: "At a Convocation of the Clergy of the Diocese of Man in St. John's Chapel, the 7th day of September, Anno Domini 1725. "To the Right Hon. James Earl of Derby, Lord of Man and the Isles: "We the Bishop and Clergy of your Lordship's island of Man in Convocation assembled, beg leave to render your Lordship our most humble and hearty thanks, for the late most gracious intimations of your Lordship's favour and countenance, signified to us by Edward Stanley and Josiah Poole, Esquires. "It has been our unhappiness to labour for some time past under the unpleasing effects of the ill offices done us with your Lordship by the disturbers of our peace, who have deservedly fallen under your Lordship's displeasure, and been divested of the authority they so much abused; whilst our conduct, we doubt not, will every day more and more commend itself to your Lordship's approbation, and dissipate all jealousies and misunderstandings, touching the exercise of the spiritual jurisdiction within this diocese. "Your Lordship's faithful clergy have now encouragement to hope, that your Lordship's pious injunctions for the suppression of vice and immorality, lately published in our churches, will have a due influence on the lives and manners of the dissolute and profane among us, when they see your Lordship so zealous for the promoting of virtue and piety in all your people, and particularly in such as have any employments of profit or trust under your Lordship. "We likewise acknowledge with all due thankfulness your Lordship's justice and goodness, as well in ordering the fine imposed, without any just cause, on the Vicar of Kirk Malew, to be repaid him, as also in the directions given for the opening the chapel of Castletown, whereby the worship of God, so long obstructed in that place, is now restored and established, to the great comfort of us of the holy function, and the inexpressible joy of all the inhabitants. "The just and grateful sense of these high obligations to your Lordship will constantly excite us to discharge with the utmost XIX. zeal and fidelity the duties of our several stations, in promoting CHA P. your Lordship's honour and interest, as well as the peace and happiness of your people, and in offering up (as it is our daily practice, and as we are moved both by duty and inclination) our most unfeigned prayers to God, for your Lordship's both present and eternal felicity." This address, with a letter from the Bishop to the same effect, was conveyed and presented to Lord Derby by the Commissioners, with their report, which doubtless was framed in a friendly spirit. Plainly the clergy had been encouraged, not only by fair words and courteous behaviour,—though the merely having a gentleman, such as Mr. E. Stanley, to deal with, was enough to cheer them after their experience of the Hornes and the Rowes,-but by the actual repayment of Mr. Woods' fine incurred in the controversy about briefs, and the opening of the chapel under the Bishop's own directions. These were real and tangible acknowledgments of wrong done, and pledges given of a change for the better. A month elapsed before it became evident how far they might be depended on. NOTE, p. 642. "To the Right Reverend Father in God Thomas, Lord Bishop, and to the Rev. Mr. Walker and Mr. Curghy, Vicars-General of this Isle: "The humble petition of William Cubbon and Elizabeth Harrison, both of Kirk Arbory, "Sheweth,―That your petitioners having to their very great sorrow been guilty of the sin of antenuptial fornication, they are, by the grace of God, become very sensible of their crime, and are heartily sorry for the offence they have thereby given to God, and to Christian people; and whereas your petitioners understand that it will be tedious to wait for the return of the next Chapter Court, "They do therefore fly unto your Lordship, &c., for mercy, humbly acknowledging their sin, and begging that you will be graciously pleased to pass a favourable sentence on your very penitent and afflicted petitioners. They do earnestly desire to be restored to the peace of the Church as soon as possible, that your petitioner's wife may be in a condition to return God thanks for his blessings. And your petitioners, as in duty bound, shall pray, &c. CHAP. "William Cubbon and Eliz Farrison, having (before any presentment) made known and acknowledged their crime of antenuptial fornication, and the offence thereby given to the Church of God, you are hereby directed to call them before you on Sunday next, immediately after the Nicene Creed, when you are to rad their annexed petition, and receive their acknowledgment of their sin from their own mouths before the congregation, after which you may proceed to Church the woman as she desires. "Given under our hand this 31st of July, 1725. "To the Curate of Kirk Arbory. "THO. SODOR and MAN. "Let these papers be sent to the Episcopal Registry." "The above Wm. Cubbon and Eliz. Harrison have acknowledged their sin in the presence of the congregation, and everything has been observed as the above order directs, this 1st of August, 1725. "EDW. MOORE." The other case exactly resembles this. CHAPTER XX. FROM THE APPOINTMENT OF HORTON TO THE DEATH OF WALKER, 1725-1729. THE disciplinary Courts meanwhile proceeded as usual, nothing very remarkable occurring. Cursing perhaps is oftener mentioned than it had been, as a ground of serious censure, and other modes of gross insolence; people priding themselves on defying authorities. For example :— "Germain, March 25, 1725. "N.B. J. Kelly came to me, and told me very insolently, that I was sensible that he was belied in what was laid to his charge concerning his abusing of me, and for that reason I had forgiven him; and when I argued with him, &c., he bid me do my worst." Such behaviour of course found encouragement in the recent sayings and doings of those who ought to have known better. So did the abettors of open lewdness. The Bishop mentions one Captain Wattleworth, as having entertained in his house, as though they were married, two whom he knew to be not man and wife:-"the consequence of pretended |