Lord had no legal right thus summarily to dismiss them, nor to fill up the vacancies; for the ancient mode of election was for the Keys to submit two names for each vacancy, of which the Lord, or Governor, chose one. As it happened, however, this illegal act had no effect on the case, which was a foregone conclusion when Christian refused to plead. In December, the question was again submitted to the Court, thus reconstituted, who unanimously confirmed their former decision. Excepting in the two points already noted (the special mandate for prosecution against Christian by name, and the summary removal of the seven Keys), the procedure in Christian's case seems to have been according to law. It is, however, difficult to understand why he was not brought into Court and required to plead guilty or not guilty at the bar. If he had then refused to plead, or stood mute, his conduct not being caused by the act of God, by the old law he would, undoubtedly, have been deemed guilty. Christian's refusal to appear or plead given in prison was thus considered the same as if it had been made at the bar of the Court. This may have been correct according to the procedure in those days, but now a prisoner is obliged to attend at the bar. Assuming, therefore, that his refusal to plead made in prison was as valid as if made at the bar of the Court, there can be no doubt of the legality of his conviction. It seems certain that if there had been a material flaw in the trial in this particular, it would have been made a point of before the Privy Council, but we do not hear of anything of the kind. On the same day on which the decision of the Court was given the Deputy-Governor ordered the Deemsters to pronounce sentence, stating at the same time that upon the "earnest peticon" of the prisoner's wife, and in "consideration of her very disconsolate condition," he thought fit to commute the punishment of hanging, drawing, and quartering, and to order that he be "shot to death, that thereupon his liffe may depart from his bodie." This sentence was carried out on the 2nd of January, 1662-3, at Hango Hill. An entry relating to the execution in the Parish Register of Malew states that "he died most penitently and most curragiously, made a good end, prayed earnestly, made an excellent speech, and next day was buried in the Chancel of Kirk Malew." A broadside purporting to be a copy of the speech referred to was printed in 1776. According to this document, which, whether authentic or not, is eloquent and dignified in style, and contains nothing inconsistent with any known facts, he protested against the charge of treason brought against him by "a prompted and threatened jury, a pretended Court of Justice, of which the greater part were by no means qualified." He appealed to those present to bear witness how unjust this accusation was, and that “the rising of the people in which he afterwards came to be engaged did not at all, or in the least degree, intend the prejudice or ruin of the Derby family." During Christian's imprisonment in Castle Rushen, he had addressed a petition to the King and Council, pleading that the proceedings taken against him by the Earl of Derby were a violation of the Act of Indemnity, and praying that his case might be heard before them. His petition did not reach London till a week after the execution. In ignorance of this event orders were sent to Lord Derby to produce his prisoner. Iliam Dhoan's sons, George and Ewan, presented petitions for redress, and, after some delay, the Earl, the Deemsters, and three other members of "the pretended Court of Justice," were brought before the King in Council, who decided that "the Act of General Pardon and Indemnity did and ought to be understood to extend to the Isle of Man." This decision is difficult to understand for "The Act of Indemnity applied to Treasons, &c., committed by virtue or colour of the authority of the existing Government of England, Scotland and Ireland, and the Dominions and Territories thereto belonging; and the Isle of Man is not a Dominion or Territory belonging to England, though it is a Dominion of the Crown of England;" also, "The Treasons, &c., referred to, must be considered as against the Crown of England. Persons in the Isle of Man might be guilty of Treason against the Lord of the Island independently of the Crown of England. If Christian was guilty at all, the charge against him was Treason against the Lord of the Island, not against the King of England."* The Privy Council Cumming, "The Great Stanley," p. 269. Opinion of Sir James Gell, Attorney-General. furthermore ordered that "intire restitution" be made of Christian's estate, and "to the end the guilt of that Bloud, which hath been unjustly spilt, may in some sort be expiated," the Deemsters "who decreed this violent death" should remain prisoners in the King's Bench "to receive condign punishment," while the others who had been summoned were discharged on giving security to appear when called upon. William Christian has been variously represented as a perjured traitor, or as a patriotic victim of a judicial murder, according to the sympathies of the writer. A more than local interest in his career has been aroused during the present century by the publication of Sir Walter Scott's "Peveril of the Peak," which evoked the inaccurate and prejudiced pamphlet entitled "Historial Notices of Edward and William Christian," by William Marsden. It is so difficult to judge impartially of actions committed during a period of revolution, and of which, moreover, we have but an imperfect record, that the present writer has confined himself to laying the facts as far as he could ascertain them, before his readers. Whatever his faults Christian undoubtedly suffered for the part he took in endeavouring to protect his countrymen's laws and liberties. It is this circumstance that has enlisted their sympathies in his favour, while the plaintive ballad+ "Baase Iliam Dhoan"-"Brown William's Death," has invested his memory with the halo of a martyr. A. W. MOOre. As there has been much misconception on the subject, it is perhaps worth mentioning that Sir Walter Scott states in his Introduction that the Edward Christian, who is represented as William's brother, and who plays an important part in the Novel, is a purely imaginary person. He has been confused by some with Captain Edward Christian of Loughmallo and Balla Killey, a connection of Iliam Dhoan's, who died a prisoner in Peel Castle in 1660. + Portions of this Ballad were evidently not written till at least a century after Christian's death. For genealogical particulars of William Christian, see "Manx Note Book," Vol. I., p. 17. MANX SURNAMES * SURNAMES DERIVED FROM NATIVE ORIGIN * CHAPTER II. PART II. UGGAN, contracted from O'Dubhagain, 'Dubhagan's descendant.' Dubhagan is a derivative of Dubh, 'black.' O'DUBHAGAIN was the chief poet of O'Kelly, of Ibh Maine, and was the author of the Topographical poem called after him. He died in 1372. DOGAN [1540], DUCKAN [1649], DUCCAN [1675], DUGGAN [1723]. This name is almost confined to the parish of Malew, where, at one time, it was very common. Now it is scarcely found anywhere in the Isle of Mann, though a common name in Ireland. DOWAN [1680], (extinct) is of similar origin to Duggan, being from Dubhan, a derivative of Dubh, 'black.' St. DowAN's day is celebrated on the 11th of February. Compare (Irish) DWANE, Downes, Doan. This name lingered in Andreas till the middle of the 18th century. CORKAN, contracted from Mac Corcrain, a corrupted form of Mac Corcurain, 'Corcuran's son.' (corcur, 'purple,') The Clann Ruainne, of the flowery roads, A sweet, clear, smooth streamed territory, 'Cathasach Ua CORCRAIN,' A.D. 1045.t Donagh Mac CORCRANE was one of O'Caroll's freeholders in 1576, when O'Caroll made his submission to Queen Elizabeth. Compare (Irish CORCORAN, CORKAN. CORCAN [1511], CORKINE [1521], CORKAN [1611], CORCHAN [1720]. It was never a very common name in the Isle of Mann. Marown, German, Michael (c), elsewhere (u). ALLEN, probably from Alainn, 'handsome.' 'Killing of Dor, son of Aedh ALLAN,'‡ A.D. 624. The Stuarts were descended from the great Norman family of FITZ ALAN. ALLAN, according to Train, was Governor of the Isle of Mann in A.D. 1274. 'ALAN of Wygeton has letters of presentation to the Church of St. Carber in Mann, vacant, and in the King's gift,'§ A.D. 1291. ALLEN is not a common name in the Isle of Mann, being chiefly confined to the parishes of Maughold, Andreas, and Bride. Many of those bearing the name are probably descendants of the five successive vicars of Maughold, the first of whom came from Norfolk. ALEYN [1511], ALAYNE [1540], ALLEN [1648]. CAVEEN, contracted from Mac Caemhain, 'Caemhin's son,' (caeimh, 'beautiful.') 'And the privilege of first drinking [at the banquet] was given to O'CAEMHAIN by O'Dowdha, and O'CAEMHAIN was not to drink until he had first presented it [the drink] to the poet, that is, to Mac Firbis.'* O'Huidhrin, p. 133. Four Mast., Vol. II., p. 849. # Chron. Scot., p. 79. Manx Society, Vol. VII., p. 113. Chron. Scot. Introduction, p. 13, being an extract from 'Tribes and Customs of Hy. Fiachrach,' p. 440. |