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Thomas Christian, 1657

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Submitted by: Joyce M Oates
Date: 5 July 2004
Original: LDS: 0106199

Note: The pagination may not be correct and translated or doubtful wording may not be indicated.

The top part of the pages of this Decree are missing.

line


[Thomas Christian departed this life ...
 the Court having notice thereof ...
 hath decreed .....]
 
 
3d August 1657: 
Upon[?] sight of the Invent 
which is written and ....[hidden in fold] 
more yet may be added, and upon 
consideration shall ... 
the sd invent is the portion that 
la--- by the .... of sd deceased 
Tho: Christian; The Court hath thought 
fitt to allow 10 pounds as a legasye 
to the sd wife.                      

15th 8ber 1657
Wm McYlrea hath taken his oath that he 
will conceale noe part of the goods due 
to the Administrator of Tho: Christian 
neither will he suffer it to be concealed 
by any other so far as his knowledge 
will direct ....                     

15th 8ber 1657
Wm Christian entereth his claime against 
the Administrator of Tho: Christian for 
the sum of 20s and craveth tryall 
accordinge to Law.            

29th Jan: 1657/8
Wm Christian hath proved his claime 
therefore ...... is granted for the deads.    

Patr Christian entereth his claime against 
the sd Administrator for the sum of 30s and craveth tryall.          

11th December 1657
The sd Patr eneterth for 10 d more and craveth tryall.    

Wm Teare entereth his claime for a saddle 
price 8s & craveth tryall.           

9th December 1657
Hen: Calthorpe entereth his claime against 
the Administrator of Tho: Christian for 
2s & craveth tryall according to Law.            

.. Ja: 1657/8: 
Richd K.....  entereth his claime against 
the Administrators of the abovesd for 2s 
and craveth tryall according to Law.                        

[words missing because part of top of page is missing] 
.... office of the Spirituall Courtt: 
The humble petition of the Supervisors, 
of Tho: Christian son of Tho: Christian 
late deceased, 
... humbly Sheweth, 
That whereas by the Law and 
Custome of the Isle, yt any 
man or woman die having by 
one child the next of kinred 
upon the father syd is to have 
the custody of the said 
child with his goods till he 
be 14 yeares of age; 
Therefore your petitioner 
humbly desires they may 
accordingly have the custody 
of their brother Tho: Christian 
deceased his son and goods 
as the Law provides giving 
in sufficient securitie 
for the same so shall 
they ever pray.                    

[top of will is crumbled away] 
KK .... 
Although the Statue La—..... 
a tuition of a child, & his 
goods to the next of kinred 
on ye father side when there 
is but one child betwixt man 
and wife & no other ppension 
.... for ye sd child yet 
notwithstanding we finde by 
ye Custom & practice formerly 
used in such cases, yt ye 
mother hath .... had ye 
tuition of such a child for 
fear of future inconvenience 
& ye next of kinred on ye 
fathers side the lande & 
goods yerly [pay]inge thereout 
sufficient maintenance for 
ye child at ye[?]
.... of 4 ---est neighboures; 
Therefore according to 
that Custom it is ordered 
that ye child petitioned 
for shall be in the custody 
of Parson Robt Parr (his 
mother who had his tuition 
being now deceased) in 
regard yt noe part of his 
estate may (by his death) 
fall, or become due to ye 
sd Parson Parre as to ye 
Supervisors now petitioninge 
for his tuition) it would 
but for his goods 
(The lands belonginge to ye 
Law Temporal) the next of 
Kinred on the father side 
to have the custody of 
them & to that purpose 
... .... is once more 
granted (as formerly it was) 
to ye Supervisors to 
receive ye Goods due unto 
ye sd child according as they stand.                      

3d May 1658
Do: Christian entereth his claime against the 
Administrator of his son Tho: Christian for 
these particulars following and craveth tryall 
accordinge to Law:  
Impremis for a cow that he sold to the sd 
Do: his father’s goods  1 pound : 12 shillings 00 pence;     
It, for half an oxe which he likewise sold  0:13:00;        
It, for 18s which was sent by the sd Tho: 
to Jo: Teare which he neither paid 
noe[?] ....  stored the same to his sd father  00:18;00;     
It, more lent to the sd Tho: by his father  01:00:00.                      

20th May 1658
Gilbert Clearke entereth his claime against the 
sd Administrator for 20s & craveth tryall accordinge to Law.                       

[top of paper crumbled, only a few words missing] 
.... whereas ye petitioner’s daughter 
Jane Garrett als Parr is deceased 
... that her child Tho: Christian 
is ...... and m...... and that the 
Law require that ye next of kinred 
on the mother’s side to be supervisor 
as well as ye next of kinred on ye 
father’s side, it is humbly desired 
that the mother’s sister Margrett 
Parr and the mothers uncle Mr. Thomas 
Parr be joined with the supervisors 
on the father’s side ... .. either 
have not name[?] said Do: Christian 
their father notwithstanding all 
the injuries the sd Do: endeavored 
to de to the sd child, And whereas 
the said Donold Christian 
(who allured[?] his son Tho after 
the Contract Bargain was syned sealed 
& de[liver]ed as appears to give 
bestow or remitt his mother’s goods 
upon him, or unto him the sd Don:  
upon protestations and permitted 
that the should have all he had 
after Patr and Jony had a portion 
or were preferred) doth now himself, 
his son and brother with as manie 
as he can perswaid enter claime 
against the sd Tho: Executors 
for debts formerlie, which is 
against all con------ & ..... 
in the sd Do: to take his goods 
and other mone goods and gifts 
to pay his debts as he hath done 
formerlie to take a part of the 
crop of corn to doe ... mother’s 
funeral; 
And moreover in regard Patr 
Christian took 18 or 20 pounds 
of your petitioner’s daughter 
portion before she was aware 
and a yeare and a day married 
without her knowledge or consent 
or any ... done for it, or giving 
any manner of satisfaction for 
the same and will not restore 
the same alledging that he was 
to have 20 pounds by the contract 
bargain but will not acknowledge 
that it was for bricking a tan 
house on the farme and teaching 
... his brother the traid and 
to leave the tan house with h
im in the farme, 
These are therefore humblie to 
beseech you first that the 
supervisors be sworn on the 
mother’s syde to see ... a full 
& perfectt Inventory brought 
in with the sd moneys which 
the sd Patr received and 
that you will grant your 
authoritie that the witness 
may be produced and sworne 
that the sd Patr was to doe 
... sscure aforesaid for 
the 20 pounds and if[?] 
that will not appeare or 
that he can make it appeare 
that it was ... considerations 
he shall have the 20 pounds 
and .... it is desired that 
the said partie .... have 
entered claymes produce 
lawfull .... to prove the 
same or to be referred to 
the grave as Law requireth 
the Supervisors having 
notice ..., 
& he will pray.                     

29th Ja: 1657/8 & also 21 May 1658: 
Forasmuch as there is complaint made 
by Dollin Clearke one of the Supervisors 
of Tho: Christian .... of the goods 
due to the administrator of the sd 
Tho: are co--eated[?] 
Therefore a ..... inquest is granted 
who are to bring in their answer at 
next Court subpoena 10 pounds.  

..... ..... the same Complaint was 
made the 21th of May 1658 and authority 
granted as for .....                       

2d August 1658
Foreasmuch as Tho: Christian is now 
deceased .... Parre desire .... ther 
aid & th--- kinred on .... Lands of 
..... Court hath .... the .....                       

[top of page crumbled away and missing] 
........ and other friends were Ro-- 
........ ... in Contract bargain The-- 
........ is given to[?, ?be] ... the same, & within 
.. ... ..... .... dayes a perfect invent 
is to be brought in upon Record 
subpoena 20th ...  Domini[?] 
and further pa---- ... at the discretion 
of the Court ... decretio est.                      

[top of page crumbled away] 
........ priced 13s 8d;     
Itm ... 4 boules & half firlett mault  26s 0d;      
Itm 2 ... a heifer 2 yeares old left to him 
in ye will of Tho Clerke priced to 5s 4d.    
The above meale if it be found to be due 
for ye yeare 1656 we doe allow the above 
price but if for ye year 1655, 18s.  
Added the 20th of May 1658:  
Deducted out of the Invent as followeth which 
was laid out ... father at his son Tho: 
Christian’s funeral: 
for drink from the walke milne  0:13:0;    
for 3 firlet mault  0:18:0;    
a coffin  0:08:0;    
the minister  0:01:0;    
linen cloath  0:04:0;    
probation  0:3:4;    
more  0:0:4.                   

[Inventory: top of page crumbled away] 
Imprimis .... or[?] 17 sheep;     
Itt, 1 cowe, & her increase;    
Itt, 1 stear;     
Itt, 4 boules of meale & ......;      
Itt, his sister’s part of goods due by ... executors.      
Note:  These particulars are ... 
inventory .. & more in Regard 
it is alledged by Do: Christian his 
father that the sd goods are not of 
right due, to the administrator of 
the sd Tho: .... he ought to have 
proceed the br----[?] 
This time but being visited with 
sickeness by which he hath been[?] 
disabled to ... the same as also to 
appeare at this Court therefore further 
time is given ................. 
next Sheading Court to prove the 
same and in case he faile therein 
the sd goods are procede[?] and 
several subpoena double value of 
the sd goods as also to perfect the Inventory.                    

[Top of page crumbled away] 
Patr Christian .......... 
how much moneys ......... 
his brother Tho: Christian ....
  --fore ... at what ... ....... 
  as follow: 
  First, That he received in Summer 
  1656  03 pounds : 00 shillings : .. pence;      
  Itm, in the beginning of winter last  15:00:...                     
  [Inventory]  
  Impr .. pewter dishes 4 pound priced  0:4:x;      
  It: half sadle  0:3:6;      
  It: in Ewan Christian & Jo: Quarke 
  hands allowed legasie to the wife  10:0:0;    
  It: in Captain John Christian hand  10:15:0;      
  It: half the Bishops third of 
  KK Bride 2 yeare viz 10 pound .....;     
  It: in monyes  7:4:10;    
  It: in Mr Parson Parre his hand  5:0:0;      
  It: 6 hogges and ye 2 parts of a hogge  0:10:0;     
  It: a Bible;      
  It: half trunke  0:6:0;       
  It: his hat apparel and cloake priced 1:0:0;      
  It: a payre of old bootes  0:5:0;      
  It: 5 pounds and a half pound of woolen yarne  0:3:2-1/2;      
  It: 3 yards and half yard of linen cloath  0:2:11;       
  It: 1 yard and half a yard of hurden cloath  0:0:7;      
  It: two pound and half pound of hemp  0:0:8;  
  It: 3 parts of a pound of flax  0:0:7-1/2;      
  It: 3 parts of a pound of hurden  0:0:4;      
  It: 2 yards of white blanket  0:4:0;      
  It: 2 pound of woole  0:0:6;      
  It: a payre of linen hose  0:0:6;      
  It: 1 old cassage and a old payre of shooes  0:1:0;      
  It: 2 parts of the horses priced  4:0:0;      
  It: half diping[?] of netts and 
  4 fathom of a old rope  0:0:8;      
  It: 2 parts of a swine  0:2:0;      
  It: in firre oates  0:10:6;      
  It: 2 parts of a cow and a calf which 
  came from Mrs Parre 1:0:0;     
  [total] ..:17:11.    
  That the riding horse mentioned in 
  the Contract Bargain and not yet 
  cleared in regard of an appeal .... by 
  Do: Christian is included in Tho.[?] horses      
  Ye 20pounds alledged in this sum.     
  Its likewise conceived fit yt ye 
  18 pounds acknowledged by Pat: Christian 
  to be in his hands shall be added ....    
  ..... Ye Invent of Tho: Christian & 
  for ye 20 pounds alledged & challenged 
  to be due to him by Contract bargain ye 
  same upon proofe hrof; & upon .. grounds 
  & reasons it was promised, is hn to 
  be deducted as other debts are.  
  Will Freere his mark X, 
  Tho: Bittle his mark X, 
  Tho: Clarke his marke X, 
  John Clarke his marke X.  
  The whole sum is 61 pounds = 18 shillings = 11 pence.    
  
  [There are words dated July 23d 1664 that are too dark for me to make out]                        
  
  ... added to the Inventory .........
  [top of page crumbled away] 
.... of and besides the 10 pounds on[?] 
............. The goods mentioned in 
the sd ........... custody of Patr, 
Anne and Jony Christian, who have given 
in pledges Jo: Caine of Ballagawne[?] in KK ....[hidden in fold] 
Tho: Clearke of Jurby, & Wm McYlleraie 
of KK Christ LezAirye jointly & severally 
the .... heire and executor for the 
forthcoming of the ... Invent, and 
securing ye office subpoena double ye 
value and use[?] Dominei & for what 
more may bee added thereto.    

10ber ye 10th 1664
Moore added to ye Invent by Pat Christian 
one of ye Supervisors  3s 4d, due from 
William [Freer]                       

Feb: ye 9th 1664, 
At Bishop’s Court: 
Pat Christian is ys day sworne in Court 
to bring in a perfect Invent of all the 
goods moveable unmoveable yt belonged to 
his brother Tho: Christian at his death, 
within 14 dayes subpoena juris 
(if not already perfected).  
Note: yt ye sixteen oxen, ye Crope of 
corne, & husbandry geares is to be added 
to the Invent:                    

[top of page crumbled away] 
................. to his 2 children 
........... & Tho: 20s[?, ?Xtian] illegitimate[?] 
....... as a legasye from Tho: Clarke 
....... and ye same in ye overseers hands.                      

Feb ye 21th 1664: 
More added to ye Invent: 
Imprimis in cars & straddle[?]  0:3:0;     
plow geares, & Harrow geeres  0:5:6;     
2 ladders  0:1:6;    
roaps & rakes  0:1:6;    
2 oagers, 2 pickforks, a hand ...[?ax] 
& 2 groaps & other necessaries  0:2:06;      
3 paire of harrows, 2 plowes with 
ye draughts, 2 coltors, 2 sacks  1:0:6;    
spaides  0:1:6.  
Prazors names: Willm Freer, Rob: Clucas; 
Joh: Clark, Joh: Teere.                          

[top of page is crumbled away] 
Th--- ...... Christian hath desired 
that his wife ..... may ...... to 
prove his clayme against the 
Adminsitrator of Tho Christian for 
the sum of 10 pounds which sume 
(as it appears by his own confession) 
is clamed[?] to be due by virtue of 
a ..... disclosed[?] private contract 
or ..... betwixt the sd Patrick his 
said brother and the witnesses to be 
his father, unkle and brother in law; 
against whom Mr. Parson Parre, & 
Dollin Clarke one of the Supervisors 
have objected that they are not 
(in respect of therr .. gave and 
couser went[?] in that busines) 
competent in Law to prove the same. 
Therefore they are not accepted of 
this Court at present till further 
and better reason shered[?] for the same.    
And for his claime of 20 s, there 
appears now to prove that but himselfe; 
Therefore his oath is not accepted of 
at present until better cause be shewed 
for the same as aforesd.  
It is likewise conceived fitt that 
the 18 pounds (acknowledged by the 
sd Patr Christian to be in his hands) 
shall be added to the Invent of Tho: 
Christian, and for the 20 pounds 
alledged and challenged to be due 
to him by Contract Bargain, the 
sum upon proof thereof and upon 
what gr---- and reason it was 
promised, to be deducted as other 
debts are.                    

[several words lost at top of paper which is crumbled away] 
With consent of both parties ........... 
& Pat: Christian Supervisor & 
with ye appr---- ...... 
Supervisors both by father & mother, 
hath referred ye yearly maintenance 
of ye child, to ye Right Reverend ye 
Ordinarie; who hath allowed & ordered 
foure pounds yearly for ye child 
maintenance out of the lands & goods, 
besides ye widows right reserved[?], 
& ys to continue yearly till ye child 
come to lawfull yeeres of age: 
dated die predicto[the date at top is crumbled away].  
Provided all ways yt ye .... 
Pat: Christian is to be responsible 
to parson for ye two yeeres past 
forthwith, or to returne to prison 
againe: and if ye Jury give in .. 
voidest[?] yt ye said Pat: Christian 
is in any thing damnifed concerning 
ye mi--- yt ye said Parson Parr is 
to make him restitution die predicto.  
Isaac Sod: & Man.   
Joh: Harrison, 
Ro: Parre, 
Joh: Huddlestone.  

The subscription of ye Supervisors 
annexed hereunto: 
Tho: Parre, 
Patricke Christian, 
Charles Parre, 
John Corlett, 
Willm McYlrea.  

Feb 22 1664/5
The ten pounds in Ewan Christian & Joh: 
Quarke hands expressed in ye Inventory 
of Tho: Christian is allowed to ye wife 
Jaine Parr as a Legasie, as appears upon 
Record, & not to be charged upon ye 
Supervisors of Tho: Christian, tho it 
be put in ye Invent: upon Record.  
The 10 pounds 15s in Capt Joh: Christian 
hand, wherewith he is charged in ye said 
Invent: was received by George Garrett & 
his wiffe Jaine Parr, as appears by 
acquittance: the one halfe thereof ye 
said Jaine Executors is to make good, 
& ye other half is to be tried by Law, 
who is to pay it: in the intorim, 
ye supervisors of Tho: Christian are 
discharged; till it be recorded, if 
it can: die predicto.                    

[several words missing due to top of page being crumbled] 
............. Joh Huddleston Registrar.  
.............. Tho: Christian, & 
endevouringe to find out 
...... of the said Invent remaines 
in Parson Parrs hand & 
... .... in Pat: Christian hands 
upon due examination we finde yt 
yr remaines in Parson Parre hand 
first  5 pounds 0 shillings 0 pence,  
2ndly the two parts of a cow & calfe  1:0:0.      
And are to be added to ye Invent of 
Tho: Christian; it not ..... ... 
beinge goods due to his child Tho: 
Christian junior: the which, ye 
Parson is willinge to allow in 
what goods is due to him from Pat: 
Christian in the behalfe of his 
daughter Janie Parr: & Pat: 
Christian to be responsible for 
ye same to ye Executors of Tho: 
Christian.          
It is also alleged by Pat: Christian 
yt Jaine Parre took away these 
ensuing particulare with her wholly; 
& being not proved, its referd to 
bee tried before our Reverend 
Ordinarie, yt is to say:  
It  3 yards & a halfe of linen cloath  0:2:11;      
It, 12 pounds & half of hempe  0:0:8;      
It, 3 parts of a pound of flax  0:0:7;     
It, 3 parts of a pound of hurghen  0:0::4;    
It, 2 yards of white blanketing  0:4:0.           
The Legasies, & other goods yt fell 
due to Tho: Christian (as is alledged) 
by his sister, & other friends, is to 
be proved, & cleared by coppies of ye 
Record & also to whom they were pain, 
& by whome as also who had ye benefit 
& profit of ym, since they .... 
received.  And forasmuch as it is 
alledged, yt Margt Christin made a 
will, & not yet manifest to ... ye 
proofe thereof is referd to ye Records.          
And as for ye 17 boules of meale, 
& ye one boule of malt claimed for 
ye yeer 56, and for part of ye yeere 
57 being 7[?] boules of meale & a 
fir: of malt, is referd to our 
Reverend Ordinairie: 
& also ye graissing of a horse, 
& 4 cowes, for certaine yeeres: 
for yt ye Invent cannot be perfected, 
till those differences be cleared:                   

[several words at top of page are missing due to crumbling of page] 
.... examination, & ............  
those particulars are .. ................ 
to be restored by him the said Pat: 
...... ........... & not included 
in the Invent of Tho: Christian 
.......:  
It, in pewder  ..:..:x8;      
It, half saddle  0:3:6;     
It, in moneys  7:4:10;      
It, her part of ye hoggs & sheep  0:5:0;      
It, half trunk  0:6:0;      
It, in woolen yarne  0:3:0;      
It, 1 yard of hurghen cloath  0:0:7;      
It, two pound of woole  0:P;6;      
It, ye 3d part of ye horses  2:0:0:    
It, in fishing netts  0:0:8;      
It, in Willm Freer’s hand  0:3:7;    
It, ye 3d part of a swine  0:1:0;    
It, in firr dayles  0:10:6;      
It, in Hugh Cannell hand  0:5:3;      
It, ye 3d part of more sheepe  0:6:10;      
sum: 11:15:10.                            

Janry ye 8th 1678: 
This day Thomas Christian son of 
Tho: Xtian of Jourby being at lawfull 
years came to ye Records with his 
Supervisor Patrick Christian, and 
acknowledged himself to have rec’d 
from the hands of his sd oncle & 
Supervisor all such goods of wt 
kind or nature soever as were due 
to the .... the sd Thomas by the 
death of his father aforesd or 
deposited into ye hands of ye sd 
Patrick, and doth therefore by 
these presents for ever acquit 
exonerate & discharge his sd 
oncle and the rest of ye 
Supervisors and his & their 
heirs executors and administrators 
of the same, and desires that 
this general release may remain 
annexed to his father’s Inventory 
for his sd Oncle’s discharge & 
...... est and to acknowledge ye 
same to be his act & deed 
subscribes his name, 
Tho: Christian.  
Per me Joanen Christian Registrar Archd