KAP. 4.

a significant factor in British history, and the antiquity and continuity of
Tynwald combined with a strong sense of national identity by the
Manx people, weighed against an enforced incorporation of the Island
with Great Britain.
Recognition of the Island’s Status by the English Judges
Additionally, the status of the Island had, long before, been authoritatively
determined by the English judges, the first such occasion being
in 1523. The King’s Council then held that the Island was not part of
the realm of England nor was governed by the laws of England and
that no general Act of Parliament extended to the Isle of Man, but by
special mention might extend to it.
Seventy five years later, in 1598, a dispute between members of the
Stanley family was referred by Queen Elizabeth I to the Chief Justices
of England, who gave a further ruling which has remained the basis for
the Island’s constitutional position to this day.
The Chief Justices said, firstly, that the Isle of Man was an ancient
Kingdom of itself not part of the Kingdom of England. They affirmed
the case of 1523 that the Island was not part of the realm of England
nor was governed by the laws of England. They said that the Island was
in a similar position to the French territories of the King of England
when they were in the King of England’s hands, and lastly they confirmed
that no general Act of Parliament did extend to the Isle of Man
but by special mention might extend to it.
The decisions of 1523 and 1598 were treated as authoritative in all
the principal commentaries on English law, including that of William
Blackstone in the 18th century. Such long established legal precedents
no doubt also weighed against any change being made in the Island’s
constitutional position.
Relationship with United Kingdom in International Law
Not withstanding the antiquity of the Island’s independence, and the
strong historical and legal basis for that status, the Island has often been
treated as a “de facto” part of the United Kingdom. In order to clarify
the status of the Island (and of the Channel Islands) for the purpose of
international treaties, in October 1950, Ernest Bevin, the British Foreign
Secretary, issued a formal circular which explained that although
in municipal law the Channel Islands and the Isle of Man did not form
part of the United Kingdom, the British Government had hitherto
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