John Callow, 1659

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

         To the Right [Hon] James Challoner 
         Esquire & Govenor of this Isle, 
         The humble petition of Tho: Clarke 
         of Ballalaugh Parish: 
Humbly Shewinge 
   That whereas one Ann Freere who died in Anno 
1642 willed to her children executors, all of 
them dyinge in minority save one, who as is 
alledged attained to the age of 14 yeeres or 
thereabouts, & in his nonage of understanding 
(thought of yeeres if that may appeare) was 
seduced & sinester meanes drawne to make a will 
as is likewise alledged; wch will was (without 
competent witnesses contrary to the Lawes of 
this Isle) approved of & recorded in your 
peticioners absence by one of the judges without 
the app---ance of his associatt, or Register; 
though the same was in dispute in a full Court 
twice before; 
by wch meanes the goods wch of right and by law 
ought to descend to your peticioners wife and 
her sister, are contrarie there unto alienated 
to a strange kindred; and for like to continue, 
except your good worship in wisdom, and your 
sender respect of justice grant some speedy 
releife or The promises tenderly considered 
your peticioners most humbly craves that your 
worship would be graciously pleased to require 
the now officers of the will Courte, and if 
your worship thinke it convenient to joyne 
Mr Hugh Cannell, Mr Robb Parr, and Mr James 
Moore, or two of them who formerly were judges 
of that Court and who knows the law and practiced 
in their resp----- them to take examination 
of this business and if they find accordinge 
to law ........ or ca...... formerly used in 
this Isle the said will now alledged to be 
authentic ... they may see giving it under 
theire hands and your petitioner will submit 
and ever cease to prosecute the same; 
but if they shall otherwise find that they 
may decree accordinge to law, and the ancient 
practice of that [part], that soe in ... may 
be done, and your peticioner relieved; 
And this for Christ Jesus his sake; 
and your petitioner for your worship 
prosperitie will never cease to pray.     
& also Sir Robert Parr & Sir Hugh Cannell.       

Lett the wi..... take the business into serious 
consideracion and examination; and compose the 
differences betwixte ye parties if they can; 
or els make Reporte there of to me. 
Castleton: 18 Ja:1657: James Chaloner.                    

                    At St John Chappel 
                    the 29th of July 1658 
In obedience to the honorable Governor his 
Referrence directed unto us whose names are 
Subscribed, we have taken these examinacions 
followinge:      
Wm Freere aged 55 yeares or thereabouts sworne 
and examined saith That he came to see Jo: Callow 
on May day before his death being then on his 
death bed and then asked him whether he had 
made a will who answered he had not, afterwards 
he came to see the sd Jo: Calowe (beinge sent 
for) 1 day or 2 before his death, and 
perceiving he would not recover told to 
Tho: Calowe father to the sd Jo:  That what 
goods the sd Jo: had came by his mother, 
and in case he dyed there would be strife 
betwixt his friends concerninge the sd goods; 
and desired, that if the sd Jo: would make a 
will that he (being his Supervisor) might be 
by; then Tho: Callow weeping answered if 
I loose the boy, I care not if I loose the 
goods also and further saith not.  
Wm Freere his mark w.      

John Killip witness to the alledged will of 
Jo: Callowe aforesd being examined wheter 
the sd Jo: Callow was (at his sd will) 
instructed in the making thereof, or whether 
the wordes of the sd will were not dictated 
to him by Tho: Calow his father or any other; 
denyeth to attest or swear any thing to that 
pointe.      

Edmond Kewne sworne and examined saith that 
he was by at St Patricks of Jurby when the 
alledged will of Jo: Calowe was proved; and 
that there was noe officer in Court at that 
time nor that day but Capt Jo: Teare and 
that neither Tho: Clarke, nor any of Freeres 
the partiys concerned mencioned in that will 
was then present in the Church and further 
saith not.  
Edmond Kewne his mark.      

Finloe Freere sworne and examined saith that 
there was no officer in Court when the will 
abovesd was proved, nor that day but Capt 
Teare abovesd and further saith not.  
Finloe Freere his mark X.      

These deposicions taken by and before [us] 
as abovesd: 
Richd Stevenson, 
William Quaille, 
Ro: Parre.                      

Bishop’s Court 7th Aug 1658  
Concerning the will of John Callow was not 
duely proved before John Teare late Judge 
of ye Will court, .... as is alledged all 
parties concerned were not present, nor 
Register and for other reasons wch ye .... 
are readie .... offere, I referr ye same 
to ye heareing and determination of ye 
judges in ye will office.  
James Chaloner.          

I find annexed to an order written & submitted 
by ye late Bishop in Anno 1643 in these words, 
note that in the Regrs absence ye Biship did 
ex[clude] all acts this Court day Mr. Vicr 
Cannell & Mr. Parson Parre being present instead 
of the Regr, I find likewise recorded in Anno 
1634 a Case grated by Bishop Foster to Parson 
Thompson, & Sir Hu: Cannell jointly to execute 
the affair of the Vicar Generall, & Sir Wm 
Cosnahan Regr & them to th... to keepe the 
Ecclesiastical Court jointly.   
I finde likewise recorded in Anno 1626 .... 
granted to Sr Wm Crow & Sr Wm Norris by Bishop 
Phill, to be substituted jointly, ... Parson 
Thompson his Regr Episcopall.  
Tho: Norris Regt.                      

At Ballagh Church 22 9bris 1658
Forasmuch as in order to a Reference from our 
honorable Governor directed unto us This day 
was assigned for hearinge of ye difference 
concerninge the ... alledged will of Jo: Calowe 
and both parties accordingly appearinge it 
was alleged by one Quayle and the exec .. Tho: 
Callow that they had not timely notice for 
the bringing in of their evidence, and desired 
further time; Therefore for the [adjudging] of 
all cause of complainte we thought it fitt to 
grant the same and now doe order that all parties 
doe appear at Duglas on Tuesday the 22 of 10ber 
next when all further evidence as can be produced, 
and in case any faile herein we shall proceede 
accordinge to the evidence already taken, 
Date the day and year above sd, 
Richd Stevenson, 
William Quaile.              

23d 9ber 1658: 
Let there be no unnecessary delay used in ..... 
& therefore let the meetinge at Duglas hold as 
hath been appointed. 
James Chaloner. Per me Tho: Norris, Regr.                    

For as much as it appears to me that some of 
the witnesses to the will of John Callow are 
not in a condition to travel as far as Douglas, 
I therefore thinke fitt and doe soe order that 
the matter now pending betwixt Thomas Clarke 
and the adverse parties be deferred till the 
cominge over of the Judges of the Will Court, 
on this side, and then to proceed to the 
consideration thereof, given under my hand 
this 2th day of 10ber 1658. 
James Chaloner.                      

................... probacion of John 
.............. said was lawfully proved 
............ if two sufficient witnesses a
ccording to that law ........ Isle, whene 
severall other wills from the respective 
..... north side were also proved ye 
said day as appears upon record, 
..... was legally & honestly proceeded in, 
as I shall make to appear whensoever 
thereunto called, as wittnes my name 
subscribed this 8th day of Februarie 1658. 
John Teare.  

At St Johns Chappell 10th March 1658.                           
for as much as it is alledged by Thos: Clarke 
that theire was in the Courte att the probacion 
of John Callow his will but .... 
witness and that it was not lawful for one 
judge to prove .... will, these ...... 
and to certifie that Captain Radcliffe ... 
Christian & myselfe .... together att a 
Courte in KK Michell, where the sd will 
was to be proved, pett Clarke ---dyed[?] 
to produce summe thing to hinder it, desired 
that ye probacion of the sd will might be 
deferred to the Court day that was at 
balu---- ...., wch was ye next day after 
Sant Andrus day, when the .. will was 
discussed, the sd Clarke produced nothing 
to hinder ye ..... will & yet tyme was 
given him to the next Courte, wch Courte 
was at Jurbie Church upon Sant Brydson 
after, and if he could not produce any 
witnesses against that day to hinder ye 
probacion .... the would be proved that 
day soe when theire did nothing ....
are to the contrarie, the will was proved 
legally in courte ... severall other wills 
more, nether did any statue appeare to 
hinder one Judge to prove a will, for that 
statute was made .. Capt Caldewells time 
wch was proclaimed the last ...sume ... 
the ... att the Tinwald, this I will 
justifie to be true this 18th of februarie 1658 
John Teare.   

At St Jo: Chappell 10th March 1658.                        
Cosson Stevenson, the bear hereof Tho: Clarke 
of Ballagh, came unto me, to know, whether I 
gave my consent unto the proveing of Jo: 
Callow by his will, with Jo: Teare, I doe 
remember that, he & I, was at a difference—wise 
about the proveing of it, but would never give 
my consent unto the same, or unto any such, 
unless I know it very lawfull, & this I doe 
certify for a trueth noe more only my true 
love to your selfe & the rest of your fellow 
officers I remaine, your loving kindsman, 
Sam Radcliffe.  
March[?] the 10th 1658.  

At St Johns Chappell 10th March 1658                    
In our tyme it hath been the custome and 
accordingly the practice of the Spirituall 
Court in this Isle, that one witnesse cannot 
prove a will, nor any of kinne within the 
degrees prohibited for marriage but 
cum consensus parium.  
Hu: Cannell
Ro: Parre.      

The premises are true. And also one witness 
hath usually proved a will if the testator 
willed the same as the Church wold denie[?] it. 
Jam: Moore.
At St Johns Chappell 10 March 1658.                      

At St Johns Chappell ye 10th of March 1658 
Foreasmuch as the heareing & determinacion of 
the differences concerninge ye will of Jo: 
Calow son of Tho: Calow of Jurby (now betwixt 
Tho: Clark in ye behalf of his wife & her 
sister on the one part, & ye exec & wife of 
Tho: Callow on the other part by our honorable 
governor his order beareinge date ye 7th of 
August 1658 is referred unto us; 
& having had several meetings about the same 
(upon some allegations of ye sd exec & wife 
of Tho: Callow or one Quaile in their behalf), 
The matter was deferred from time to time 
till this present day, we have (in pursuance 
of ye sd order & other orders from his hand 
concerninge ye same) mett to give our censure 
& full determinacion therein, 
The sd exec & wife still alledging they have 
more proofes & endeavors to produce notwithstanding  
such time given them and delayes used as 
afforesd wch is onely Capt Teare who hath 
certified under his hand what he can say 
in the business; and as we con..... is merely 
offerred to prolonge the time; 
And haveinge heard, & duely weighed all & 
every ye circumstances allegations profes & 
endeavors on both partes, we find the sd will 
of Jo: Calow not proceeded in nor proved 
according to Law upon these Reasons followinge: 
First by reason ye sd will was not proved in 
a full court but onely before Capt Teare who 
could not keepe a Courte of himselfe any more 
than any one officer formerly could, as 
appears by a precedent under ye late Bishop 
his own hand, and other reason, if occations 
be offered and also an order enacted in the 
government of ye late Major Cadwell; 
Though certified under the hand of Capt Teare 
to be done in open Court but contradicted by 
Capt Ratcliffe the other judge at that time, 
who remembers that they both were twice at 
differences about ye proving of it but never 
was nor would be consented to by him nor any such.  
Secondly because the witnesses to ye sd will 
are not competent and authentick in Law to 
prove the same, one of them beinge within 
the degrees of kindred prohibited for marriage 
except cum consensus particum[?], as appears 
hath been the practice by the testimony of 
the former judges of ye Spiritual Court.  
Thirdly, because ye probacion of ye sd will 
was not absolute being a legasye to be made 
to ye Antes at next meetinge, wch never yet 
was performed, & therefore ye sentence not 
definitive,  
And lastly in regard it doth not clearely 
appeare unto us that ye sd Jo:Calowe attained 
to ye full age of 14 yeares at ye making of 
ye sd will, by reason one of ye parties has 
procured a copie under the hand of ye minister 
& the other partye cannot procure ye same, 
All wch and other circumstances beinge taken 
to our consideracion, we are of opinion and 
soe declare ye sd will to be invalid & of 
noe force in Law; & decree ye 2 Antes on  
ye mother side viz Jony & Isabel Freere & 
his father Tho: Callow or the exec & wife of 
ye sd Tho: Calow accordinge to ye will of 
Ann Freer mother of ye sd Jo:Calow (proved 
in Anno 1642), his Administrators, yet 
nevertheless we shall humbly submit to our 
honorable Governor his further order or 
approbacion hereof.  
Date ut Supra.  
Richd Stevenson, 
William Quaile.  

I conferme what the Willers have done in 
ye praises 14th March 1658. James Chaloner.  

This confirmacion is a copie of ye originall 
examined by me, Tho: Nooris, Regr.                        

To ye Honorable James Chaloner Esq, 
Governor of this Isle, these:  
Honored Sir: 
There bearer hereof Phinlo Quaile came to me 
to get a copie of witnesses to certaine wils 
and having examined ye Records I finde certaine 
proceedings, & examinacions upon the probate 
of all or most of ye sd wills wch I offered 
to give for your honorable satisfaction together, 
but is refused by ye sd Quaile, who onlely 
desireth to have what makes for him & not 
otherwise, wch cannot be given a part 
Therefore rather then I should run such a 
Course as I could not well answear and your 
honor get noe satisfaction therey; 
I shall content to attend your honor with 
ye original Records at such time, and place, 
as your honor shall appoint, and in the 
meantime waite your honors further pleasure 
& remaine, Your honors readye & faithfull 
Servant, 
Tho: Norris, Regr. 4 March 1658.      

Bishops Court 25 March 1659: 
The Register is to bring ye Record before me 
upon Munday on Easter-weeke.  James Chaloner.                      

Bishop’s Court July the 1, 1659: 
Whereas it appeareth unto mee in the Cause 
betweene Thomas Clearke p..... in the behalfe 
of Isabell Fryer and Joney Fryer And William 
Calow, Katherine Calowe, Anne Callow and 
Margeet Quaile wife and executris of Thomas 
Calow deceased defendants, in the case 
formerly referred unto your formal determination 
in the wch you gave your ....ment and I my 
approbation accordingly, Nevertheless I 
refer it unto your further consideration, 
yet agreeing with you in this, That the 
will in contraversie was not duly proved 
for that there was but one Judge present 
at the tyme of the probation made by John 
Teare, one of the then Judges and no Register 
in Court at all), first that I find by the 
Testemoney of Sir William Crowe, and 
William McYlecarane That John Calowe was 
at the age of fourteen yeares at the tyme 
of the making of his last will and testament 
And whereas you take exceptions, to one 
of the witnesses to the said wil, for that 
he is within the degrees exhibited for 
Marriage to the Executor of John Callowe, 
I find by the Testemoney of Sir Hugh Cannell, 
Sir James Moore, & Parson John Harison the 
one a Judge and the other Regesters to the 
Spirituall Court, That, the degrees of 
exhibition of Marriage, ought to be suited 
to the blood of the Testator, and not to 
the blood of the Executors, besides it 
Standeth with reason as well as practictises, 
That any person ought to be recomed as a 
competent witnesse to the will, That is 
not to gayne anything by the will or testament, 
And alltho such witnesses reape any benefits, 
as a Competent witness to any part or 
clause of such a last will or Testament 
wherein him selfe is not concerned as a 
legacie, and this was the practice, as 
to witnesses, to will, in the 
consis.... .....x unto wch Jurisdiction, 
all Eccleasticall Causes, have formerly 
beene subvert to, in this Isle, by way 
of appeale, as to the sworne Judicatories 
and although I might reassume this business, 
by way of appeale, I chose rather to 
recommend it back, upon these considerations, 
to your further hearing, and 
consultation forthwith and give me your answer.  
The Willers these.   
Your loveing friend, James Chaloner.                    

6 July 1659: 
Honored Governor: 
In pursuance of your honored order date 1st 
July instant directed unto us concerning ye 
differences betwixt Tho: Clarke in ye behalf 
of his wife & her sister on the one part and 
ye exec & wife of Tho: Calow in the other 
part we have this day met And having formerly 
used all circumspection, and diligence to 
fine out the truth before the making or 
grantinge of our late order in that case, 
wch was as well grounded upon several 
materiall circumstances as upon ye reasons 
therein inserted: 
First for that ye goods mencioned and in 
question were disposed of by the right 
proprietor Anne Freere to ye sd Jony and 
Isabell Freere, and Tho: Callowe jointly 
in case of all her childrens death and 
besides a legasie to ye sd Tho: in her will 
& 20s more decreed by ye Spiritual Court 
to him out of ye sd goods upon ye death 
of his children with wch he might have 
rested satisfied, had not his too much 
avarice have induced him to thirst after 
ye whole.  
2ly, for that the sd Tho:Calow and his 
said son (upon his death bed) denied that 
he had made any will.  
3ly, for that ye sd exec & wife have 
endeavored to produce other witnesses to 
prove ye alledged will before us (wch 
is all the relief could be afforded then 
in case their now allegations could be 
justified) and could not; 
But contrarywise Jo: Killip the Strang 
Testi, beinge examined whether Jo:Calow 
was instructed at his will making, or 
that ye sd will was dictated to him by 
Tho: Calow or any other refused to attest 
any thinge to that pointe, neither can 
we yet find any just cause to alter the 
same upon ye testimony of Sr Hu: Cannell, 
Sr James Moore & Parson Jp: Harrison 
being not now sworne by ye Laws more 
than any other of the clergy; & their 
testimony not altogether concurring with 
ye practice in their own time, when ... 
a will proved in form of Law one of ye 
witnesses being the Testators brother, 
the wife, and one of his children exec 
& ye rest of his children cutt off with 
legacies; and in case it were so one 
of ye witnesses to his will is still 
within ye degrees prohibited for maryage 
to ye Testator knowing no Law to ye 
contrary & likewise we fine by ye practice 
of ye Consistory at Yorke; 
yt kinred, or ... .... ... ....
and .... are excepted to be witnesses 
to prove a last will & testament and 
this exceptioin is to ye party producting 
there ... or reaping any benefit by their 
deposicion, and not to ye Testator. 
And whereas very much is left to ye 
discrecion of ye Judge in such cases, 
truly we must confess, and do hereby 
declare, That we have not likewise seen 
or found any just reason, cause or ground 
(in whole progress of this business) 
to alienate the goods in tra... from 
ye kinred sworn wherein it came b—it 
was provided by the proprietor her selfe; 
And your honor ... ...x not this our 
ansswer satis... we shall humbly desire 
that ye judges Temporal ...ther wth ye 
clergy, & body of ye Country may be 
called[?] to give ... ..... in Law 
concerning the point in question 
wherein we shall (in all submission 
...ever) Subscribe ourselves, and 
likewise remaine, 
Your honors most obedient, 
& dutifull servants: 
Richd Stevenson
Wm Quayle