The Isle of Man, when subject to the Kings of Norway, was a subordinate
feudatory kingdom. It afterwards came under the dominion of the English
Kings, John and Henry III., but passed afterwards to the Scotch. Henry IV.
eventually claimed the little isle, and disposed of it to the Earl of
Northumberland, but upon this famous nobleman's attainder it went to Sir
John de Stanley. Its government seemed destined to be unsettled, however,
and though the title of king was renounced by the possessors of the land,
they maintained supreme and sovereign authority as to legal process. In
the Isle of Man no English writ could be served, and as a result it became
infested with smugglers and outlaws. This was unsatisfactory, and, in
1765, the interest of the proprietor was purchased, in order that the
island should be subject to the regulations of the British excise and
customs.
According to Blackstone, than whom there could be no greater authority,
the Isle of Man is "a distinct territory from England, and is not governed
by our laws; neither doth an Act of Parliament extend to it unless it be
particularly named therein." It is consequently a convenient refuge for
debtors and outlaws, while its own roundabout and antiquated methods of
procedure have been found to favour the criminal rather than to aid
prosecutors and complainants. Perhaps this was never more vividly
illustrated than in the recent case of the murderer Cooper, who profited
by the cumbrous and lenient processes of Manx law to the extent of getting
an atrocious crime reduced to manslaughter. The laws have often been
amended. Prior to 1417 they were "locked up in the breasts of the
Deemsters," but Sir John Stanley found that so much injustice was being
done under the pretence of law, that he ordered a promulgation to be made.
But "breast laws" continued to be administered for another two centuries,
until Lord Strange, in 1636, commanded that the Deemsters should "set down
in writing, and certify what these breast laws are." In 1777, and also in
1813, the laws of the island were again amended, and every criminal was
allowed three separate and distinct trials before different bodies. First
the High Bailiff hears his case, then the Deemster and six jurymen, and,
thirdly, if he has been committed for trial, he is brought before the
Governor and the Deemsters. By the time the case gets to the final court
it has usually been "whittled down" to the smallest possible proportions,
and doubts have often been raised whether justice is not marred by
misplaced and unwarranted lenity. Another strange practice is that the
Manx advocates combine the parts of barrister and attorney. The law is
hard upon debtors, who can be lodged as prisoners in Castle Rushen, if it
is suspected that they are about to leave the island; but there are no
County Courts. On the other hand, there are Courts of Law of almost
bewildering variety--the Chancery Court, the Admiralty, the General Gaol
Public-domain text, read in full here on John Shaqi.
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