# Manx Primary Source Archive — Transcription **Source image:** `20260219_101921.jpg` **Transcribed:** 2026-02-25 19:26 **Method:** Automated (Claude Batch API — claude-opus-4-6) --- [ 3 ] Their Lordſhips Letter deſired particular Accounts of the Cuſtoms, &c. that they might form a Judgment of the Price to be paid for them.——But no Proviſion of this Sort is made by the Bill. The Charter has given the Lord the whole Iſland, Ports, Seas, Cuſtoms, Duties, and every Admiralty Juriſdiction ; and he has given up a great Part of his Revenue to the Support of theſe Harbours. But the Bill has given the *Engliſh* Officers of the Cuſtoms and Exciſe a general Liberty of viſiting, ſearching, and even ſeizing within the Harbours, and on all the Coaſts of the Iſland. The Charter has given his Grace all Cuſtoms, Imports, &c. even from the *Britiſh* Colonies, as well as *England*. The Bill lays a general Prohibition upon Imports of almoſt every Kind, even from the *Britiſh* Colonies, as well as *England*. The Charter gives the Lord the Duties upon Exports. The Bill, if it does not prohibit, lays ſuch a Reſtraint upon Exportation, as to amount to a virtual Prohibition. By the Charter the Duke is intitled to his Admiralty Courts, and every other Judicature.—By the Principles and Uſage of Law, every Seizure is to be locally tried where made.—Such was the Opinion of the Legiſlature on paſſing the Act 7. *Geo.* I. Cap. 21. which laid the firſt Reſtraint upon the Importation of *Eaſt-India* Goods into this Iſland.—The preſent Bill admits the Principle, and all inſular Seizures have been hitherto determined in the Iſland.—If Partiality be complained of, an Appeal lies, in every Caſe, from the inferior Court to the Lord, and from him to the King in Council. The Bill ouſts the Lord's Courts of their Juriſdiction, and the Merits of every Seizure are to be determined in a diſtant Country. The Charter repeatedly ſays—All Forfeitures ſhall be the Lord's. The Bill intirely turns and diverts the Forfeitures into another Channel ; and though taken in the Lord's Seas, or within his very Harbours, he is not to receive one Shilling from them. His Grace has declared his Readineſs to ſubmit to his Majeſty's Pleaſure, for the Good of the Public. But the Legiſlature and his Majeſty's Miniſters have alike authorized him to expect a Recompence for this neceſſary Sacrifice ; and the Parliament is always juſt. When the heritable Juriſdictions in *Scotland* were taken away, though they were attended but with ſmall Profit to the Owners, yet the Juſtice of the Legiſlature at that Time directed an equitable Payment to be made to the Parties who were deprived of thoſe Honours for the public Utility. Every Act, which affects private Property for public Convenience, is preceded by a previous Satisfaction to the Owner. If the Public is to be a great Gainer by that which diminiſhes his Grace's annual Revenue, it would be juſt, out of that annual Gain, to make him a Satisfaction equal to his annual Loſs. If 5000 *l*. a year, or more, is to be taken from him, in order, as it is ſaid, to procure 350,000*l*. a year to the Public, no Perſon can think it juſt, or becoming the Legiſlature of *Great Britain*, to heſitate to make up that Loſs, when his Property is taken from him without his Conſent. Be the Conſequences what they may, his Grace will not at this Time object to the Power of the Parliament of *Great Britain* over his feudatory Kingdom.—However, that Power ſtands upon this Implication only, that the Grant of the King cannot exclude the Legiſ- lature in reſpect of Dominions held of the Crown ; but where a feudatory Principality is held of an abſolute Prince, from the Nature of the Tenure, he has no Power to make any Laws to bind them, as to their Imports, or Exports, on Duties, or any thing elſe ; as was the Caſe of the Duchies of *Normandy, Burgundy, Britany*, and the other Fiefs held of the Crown of *France*. The King of *France* had an appellate Juriſdiction incident to his Sovereignty, but he had no legiſlative Power.——The *Iſle of Man*, by the Nature of the Tenure, is held as amply of the King of *England*, as thoſe Fiefs were held of the King of *France*. The King has an appellate Juriſdiction incident to his Sovereignty. No Writs, or Proceſs of the Courts of *England*, run there. No Offences, com- mitted there, can be tried in *England*. And the King himſelf cannot, in any Particular, derogate from the Extent of his Grant, nor by any Commiſſion make Seizures in the Ports, or affect the Imports or Exports. The Grant of the Iſland having been confirmed, ſettled, and aſſured by Act of Parliament, as well as by Letters Patents, is a ſtrong Objection to any Attempt to infringe ſo ſolemn a Title, at leaſt without making a Satisfaction ſufficient to induce a Conſent. For if Letters Patent from the Crown, granting what might be legally granted, expreſsly confirmed by an Act of Parliament, and the quiet Enjoyment of near 400 Years, don't give a Title, there is no Property in this Country, nor can any Man have a Right to call any thing his own. The Duke of *Atholl* is very reluctant to make Objections in an adverſe Way, becauſe all he deſires is Juſtice, and hopes he has done nothing to deſerve to be hardly treated. He has offered to ſubmit, to any of the moſt eminent Perſons poſſeſſed of judicial Offices, whom his Majeſty ſhall pleaſe to name, the Queſtion, Whether his Rights, Property, Privileges, &c. are not violated by this Bill. If they ſhould be of Opinion they are not, he muſt acquieſce in his Misfortune ; becauſe, though he may ſuffer, he has no Reaſon to com- plain.—If they are of Opinion that his Rights are taken away, and his Property deſtroyed by the Power of the Parliament of *Great Britain*, he will uſe no Arguments, in that Caſe, to perſuade, that he ought to have an ample Satisfaction from the Legiſlature for what they take from him againſt his Conſent.