- Officers & Tenure (c1680)
- History of Tenure (c1690)
- Manorial Records (1765)
- The Records (1765)
- Customary Laws (17th C)
- Spiritual Customary Laws
A late 17th century History of Tenure in the Isle
This manuscript is held at the Manx National Heritage Library under reference MS684C. It appears to be a legal analysis of the rights of the Lord's tenants which was produced during the disputes between them and the Lord in the seventeeth century. It can be dated between 1671 (the latest date included within it) and 1703 (the date of the Act of Settlement). The format of this document is similar to MS681 (also transcribed here) amd they may have been written by the same person.
The following is a mostly literal transcription of the manuscript (which is mostly easy to read). The references in the original appear in the margin. Here they are all positioned on the right. Square brackets  are used to indicate comments. There are many abbreviations in the document (for example Governt for Government). I have not expanded these, although occasionally I use  to indicate what the expanded word should be. As is typical of documents of the era the spelling is erratic.
Manx National Heritage Manx Museum Library MS 684C [page 1] A short state or accot how the Tennts  The Isle of Man have held their lan[ds] and Tenemts under the Lo: since Sr John Stanleys time to whom th[e] Island was given by K: Henry 4th  Ano Dom 1403 For the clearer understanding of w[ha]t is to be h[ere] after mentoned in this case it must be premi that the Isle of Man has been still governed by its own lawes and customes so that the law[s] of England do not prevaile here no act of par[li=] ment affecting this Isle unless the same is ex[=] pressly menconed therin. What were the perticular lawes and constitution of Goverm[em]t here of old is uncertaine because we have no records or law books before Sr John St[an=] ley came into the Island the Lawes which have [?]tained since are of two [?] viz: Statue law and customary or breast lawes Statute lawes are such as being agreed upon by t[he] Gover[no]r and other the Lo[rd]s officers the Deems[te]rs or judges together with the 24 keys who are the Re[=] presentatives of the people and approved of and con[=] firmed by the Lo: are proclaimed and published to the people at a Court called the Tinwald court and do from thence forth obtaine the force and sanct[i] on of law. Customary or Breast lawes are such antiently as having prevailed time out of minde were the rul[es] by which the Deems[te]rs decided differences betwixt  [page 2] and because those were not comitted to writing but left to the Deemst[e]rs to declare in perticular cases they were therefore tearmed breast Lawes. But because such unwritten lawes left two great a Lati[=] tude to the Deemst[e]rs in giving judgm[en]t anfd also that the people might all know how to regulate themselves the Lo[rd]s of this Isle have at different times required the Deemst[e]rs to reduce therse into writing which being accordingly don and lodged in the Records the books thereof have ever since been held to have the same force and authority with the Statue lawes As to the lands and Tenem[en]ts within the Isle of Man the whole (Som few Barronyes excepted) may be disting =guished into these three classes. Farmland or otherwise called Quarterland which are (1) farmes or parcels of land of aboute 50 or 60 acres of ground each Intacks of ease which are little Inclo Lib Pli =sures antiently taken out of the Common and Joyned 1666 + to Som of the poorest Quarterlands to make them equall 1668 in value with the others as also antient Tent Milnes. All those were held formerly by the Tenn[an]ts under certain Rents Customes, Suits and Services besides certaine Sums of Money somtimes paid at the Change of a Lordd called a Benevolence or gratuity those Estates or Tenem[en]ts were looked upon as Customary holdings and did Lib Assed Descend Heredetarily after the death of the father to Ano 1505 the eldest son eldest daughter or the next of kindred and no Ten[an]t could dispose of such estates to any other without the consent of the Lo: or his officers in case of Poverty or som other good cause and reason to ym appeareing Abby lands which being granted from the King to (2) the Lord upon the suppression of monastories have been since immediately held of him by the tenn[an]ts under certain rents suites and services and although the Ten[an]ts have claimed and have had a Right of Succession in these also yet it hath still been alowed only upon [page 3] their making Reasonable Composiens w[i]th the Lo[rd] by way of fining as was acknowledged by the Ten[an]ts them[=] Lib: Cancell selves in the Case of Stewert [Steward] Figes, and the sd Tenn[an]ts Ano: 1629 Anno 1629. Tenem[en]ts or estates called Intacks which are Inclosures (3) taken more lately out of the Comons [,] Mills of a late Erection [,] cottages, and houses with gardns In market Towns [-] all those have been held by the Tenn[an]ts under certain Rents and fines or Com =positions, and are reputed as Chattles or moveable goods and are alienable by the Tenn[an]ts either by Will or any other deed to whomsoever they please provided such estates have not passed three descents successively in one familiy besid the Tenn[an]ts life who first took them to Rent for. If so then the same are afterward to descend Lib plit: Heriditarily, and not otherwise as is declared in 1666 & severall cases. Anno 1666 1668 What Rents were paid to the Lord for any particular farm or Tenem[en]t in this Isle either before Sr John Stanley or for neare one hundred yeares after he came to into the Island is wholy uncer taine because there are no p[ar]ticular Records of it Lib Assed or any thing like a Rentall to be found till the Ano: 1505 yeare 1505 nor doth it Appeare that any (Besides a few Barons) posessed any lands or tenem[en]ts within this Isle by pattents or written Chart[e]rs and albeit the word Charter is onnce found mentioned in our antient lawes which is in the Record made of the first Tinwald Court Sir John Stanley held in the Island where the Deemstr declared what was the form of Governm[en]t in holding thar court and w[ha]t the Lo[rds] Right and Prerogatives were sett forth this as one [page 4] of them in the words following That as much as yee are by the Grace of God now King and Lord of Man yee will now that y[ou]r Statute Book Comons cone and shew their Chart[e]rs how they hold page 1 of you, where; how for the word Chart[e]r as here expressed can be taken in a particylar sence so as to infer that the tenn[an]ts had then perticular grants or patents in writing for their Tenemts or wheither it is used only as a general tearm to ex- press and Right or title whatsoever by which they posses the same is left to consideracon In the records of that same Court the word free= holders is also mentioned where it is only said yt Statute Book the 24 Keyes (antiently called Taxiaxi) were such page 9 and that these had not been made use of as the Re presentatives of the People since King Orrys dayes and since it is not named there which of the Orrys that was, there being twelve of that familie Suc= =cessively Kings and an Intervall of one hundred and fiftie yeares of the last of those to Sr John Stanleys time in w[hi]ch this Island had the misfortune to be overrun and Conquered four severall times and submitted wholy to the lawes of those different conquerors it seemes more then probable that any free-holders of old Possesed were distroyed by the Con[=] quests and confusion of the times For it is sett forth and declared in the preface of one of our first antient Customary laws as reduced to writing that when Sr John Stanley possessed the Customary Isle of Man the tenn[an]ts then having no certaine tenure Law 1 tooke their farmes from the Lords Officers for som small number of yeares the Rents then falling and Riseing and at no certainty as they now are but as the sd Offic[ers] thought fitt to agree with the Tenn[an]ts som for seaven years and others for more or less [.] this seemes to be confirmed [page 5] by our first Rentalls or books of Records before cited. It is declared by a law in the sd Sr John Stanleys time that whosever occupyeth any parcell of land within the Statut Book land of Man either with cattle or manure except he be page 2 any of the ten[an]ts Inlaynes [(] The Manks word for Cottlers [)] he ought to pay the value of that which he occupyeth with =out Quest Setting or farm letting takeing at the Lords last and there was four men sworn yearly in every pa =rish of the Island who were called the Setting Quest & were obliged to provide Tenn[an]ts for the Lords land as appeareth by another law at that time which says that whosoever is sett by Enquest sworn whether he be poor or Rich he shall pay it if he have any goods [?] occupyeth the lands of the Lo[rd] either in harbage or Ma =nure and if he have no goods in time of Setting the Ibm Quest shall pay for him for putting him in the Rolls that hath no goods and then he to be putt in service or else to take 5 shillings in a farm and to finde surities of paym[en]t etc. And by a Customary law putt in writing in ye year 1577 it is declared that the husbandmans son is my Lords, the Hon[ou]rs Treasure for that he is to be a Tenn[an]t Statut Book when any poor man doth fall in poverty and is not page 59 & 58 able to provide Rent then he is to be taken by the Setting Quest and sett in the said ground by force & Tenure of the Straw and then he must pay the same as long as he is able except he fall into povertie he shall keep it still except he be his fathers eldest son and if his father dy he shall be sett at liberty from all w[hi]ch it clearly appeareth that in Sir John Stanleys time the Rents were settled and the lands not wholy furnished with Ten[an]ts. But about ye yeare 1505 they seeme to become more certaine and fixed as appears by a law made then which says that the setting shall be made every yeare before midsummer and after the setting be made yt there be no increase or abatem[en]t of no farm but if it be great need for the Lo[rd] and that increase so [?] [page 6] that it be of sufficient persons or else of sufficient suretys soe that the Lo[rd] may be assured of his goods Our first Rentalls or Setting books are of the year 150[?] wherein the Lands were sett out for the tearm of five yeares only and in ye Rentalls for the yeare 1511 the lands are sett out for seven years the rents being part money, and part victuall viz corn beeves mutton lambs geese hens & these rent[s] then became the standing rents in w[hi]ch we finde no alteration either of increase or abatem[en]t for about fourscore yeares thereafter the Tenn[an]t holds their farmes or Quart[e]rland successively from father to son that is to say when the father dy his name was withdrawn nd the eldest son eld[est] daughter or next of kindreds name was entred in his place in the Court Rolls or Setting books so tha[t] in process of time they became as Customary Tenn[ants] sometimes paying (Besides the Rent and Customes abo[ve]) a sum of money at the change of a Lord equivale[nt] to a single rent w[hi]ch was called a Benevolent and as none of the sd Ten[an]ts could alienate or exchange any part of sd Tenem[en]ts without ap[=] Statut Book probation of the Lord or his officers under the pe[=] page 75 nalty of forfetiteing 3l to the Lo[rd] and the bargain to be voyed in law so w[hic]h ant Tenn[an]ts had a desire either to surrend[e]r his farm into the Lords hands or to transferr his tenn[an]t right thereof to another up Poverty or other reasons approved of he came int[o] the court, and surrendred the same by delivery of a straw and thereupon his name was likewise withdrawn out of the Court Rolls and the buye[r] name entred in his stead and a record made of the sd alienation or surrend[e]r and this was all the evidemce or assurance the buyer has for ye sd estate [page 7] and from that way or manner of surrendering vide wast or alienateing the Tenn[an]ts did call there Tenure 7 Books p the Tenure of the Straw diverse annis Severall lawes were also made upon different sub= jects with respect to those Tenem[en]ts or farmes w[hi]ch seems 6) to looke upon them as customary holdings such as ye lawes alowing the Right of Corbs (or heirloomes) to the Tenn[an]ts eldest son or heir the lawes fixing and ascertaining all widowes Joyntures to be the Statut Book halfe of the farm to the widdow of the first mariage page 23 et and the fourth part to the widow of the second ma= riage where there are any children by the first and the same to widowers where the farm came by the page 54 wife both loosing those rights in case they mary a[=] Customary gaine or did forfeite in fellony or other capitall crime Law 2[n]d Things continued thus till the yeare 1593 w[he]n som of the Ten[an]ts penconing Henry Earle of Derby to accept Excheqe Book of a composicon for part of the victualls payable out 1593 of there farms his Lordship by this lett[e[r the 10th August recommended that matt[e]r to his officers here and in Febry following Ferdinando Earle of Derby likwy[s] signified to his officers = That wheras every Quarter of land heretofore was accustomed to pay a beef eve =ry yeare unto the Castle [?] peel, which is above six hundred beeves a yeare it is my desire that one hun= dred of the poorer sort shall be spared every yeare at the discretion of my Capt and the Rest of my cheif Statut officers and so to pay yearly five hundred beeves if the Book Country like well of this my ord[e]r or else to pay as page 83 they have been accustomed heretofore and so to be ans[=] wered wheitheer of those two wayes the countrey will make choice of provided always that it shall not any way hind[er] [page 8] or be prejudiciall if any occasion of war or otherwise whereby I shall have occasion to send more number yn my ordinary garrisons for the defense of the Island butt that then provision may be according to antient laws of my sd Island to have wt is necessary which ordr was accepted of and consented to by his Los officers and Councill and 24 Keyes. After Ferdinando Earle of Derbys death there aris[=] ing a dispute betwixt his daughters and his brother the heir male about the succession of this Island - It was sequestred into Queen Elizabeths hands who did appoint new officers to govern the same dureing which sequestration in the yeare 1601 it was In[=] dented and agreed upon betwixt the officers and Co[u]ncill of the Island on her Maj[es]ties part and the Deemst[e]rs, and 24 keyes and 4 men out of every parish on the peoples vide ye part that the customes of corn cattle and fine payab[le] Indenture at by the Inhabitants out of there customary lands shou[ld] large cease and that the sd Inhabitants thence forth shou[l]d pay yearly for their lands a double rent in money to b[e] paid Quarterly and so to continue till her Maj[es]ty her heires or successors or other the Right heires of the Island do or shall countermand the same as appeares more at large by the Indenture it selfe. And it is very observable that tho the double rents condiconed for in this Indenture have been ever since and still are paid by all the tenn[an]ts of those farms yet they have been never entred into any of the Rentalls or Setting books in which the single rents only con[=] tinue as they were before the making of the same and also that in all the leases and compossions made either by Indenture or otherwise by any of the Earles of Derby since that time till now the rents reserved of those farmes re expressly menticoned to be the single rents only. [page 9] Before this Indenture there appeareth at different times severall leases to have been made of perticular farmes for lives or certaine numer of yeares upon composicon and fines but this method doth not seem to have been Lib Comp so generally taken till the yeare 1610 in which the Ano 1610 Earles of Salsbury and Suffolk being intrested in the Island by lettrs Patents from his Maj[es]tie in whose hands it still continued in sequestration did grant a commission to John Ireland Leiueten[an]t of the Island and Richard Hooper to set leases for ninteene year[s] upon fines and compositions of the severall land[s] and tenem[en]ts within the sd Isle to the severall ten[an]ts thereof their antient rents to be still reserved upon w[hi]ch commission severall of the Ten[an]ts of the Customary or Quarterlands came in and agreed to pay fines for their Tenem[en]ts to hold them for ye sd tearm of ninteen yeares w[hi]ch agrrem[en]ts or compossitions are entred in a book made for the purpose and it is mentioned in this book that som of the sd Ten[an]ts did then hold their lands by lease contained in the Rolls of Survey and [have?] not compounded having for the most part lives or a life in the same with an estimate of w[ha]t fines shall be paid after the expiration of those lives for a lease of 21 yeares to be granted ym at the old & accustomed rents and there was also a Benevolence granted this yeare to the Lord and payable at the midsummer following viz 1611 which it appeares by this book was [?] from all such ten[an]ts and inhabitants of every per[=] ticular parish within the Isle as had not then leased and fined for their Estates. In the yeare 1612 & 1613 som of those Ten[an]ts whose lease [page 10] there not expired in 1610 were called upon to compound for their lands and came in and offered there fines Lib Comp to be paid on certaine days w[hi]ch was accepted of by Ano 1612 the then commissiners to hold for tearmes of Ano 1613 fifteen yeares and som of the ten[an]ts who formerly paid a benevolence out of their farmes did then betake themselves to hold by lease as appeareth in the bookes of Composicons made in those years Thereafter in the yeare 1630 James Lord Strange appointed commiss[ione]rs to treat with the Ten[an]ts for their estates at w[hi]ch times severall Ten[an]ts agreed to pay fines to hold for Tearm of 21 yeares, so yt it appeareth by the severall bookes of Composicon for the yeare 1610:1612:1613 and 1630 that there are above one hundred and eighty seven different Tenem[en]ts all of Quarter or Customary lands and Compos Book antient Tenn[an]t mills lett by leases and fines for 1630 Tearm of lifes or yeares of w[hi]ch number all most all the best and most considerable of the Island make a part w[hi]ch noeman can say ever fell into the Lords hands either through poverty or by [Esheat?] In the yeare 1643 James themn Earle of Derby being in the Island appointed another commission to treat w[i]th the Tenn[an]ts for their Estates at w[hi]ch time Lib Comp not only the sd Tenn[an]ts who had compounded at any Ano 1643 time before but also all the rest of the Tenn[an]ts who held any of the farm or Customary lands came in and agreed for these estates som by Indenture and others by composicons entered into a book to hold som for tearm of three lives and som for 21 yeares and contracted to pay their fines at two paym[en]ts one halfe at May and the other halfe at Michaelmas [page 11] following so that at this time the whole Tenn[an]ts of this Isle without any exception submitted to take leases When the Tenn[an]ts had bought their estates thus to leases it was then doubted by ym that by meanes thereof the antient and customary course of succession might be altered and that it would be in the power of the Tenn[an]ts to dispose of there customary lands to such of their children or to other persons as they thought fitt and this being contrary to the antient custome and ord[e]r of the Island it was therefore upon the humble suit of the Representatives of the Country to my Lord James Provided agt by an act of Tynwald made in 1645 - declaring that no person or persons whatsoever shall have power or authority by virtue of ant p[ar]ticular grants then made or to be made or by any leases or compositions taken in the yeare 1643 to give grant or assigne all or any of those estates called farm land or Quarter lands or of the Mills Cottages and Intacks of ease to them belonging otherwise then according Statut to the antient and usuall customary lawes of the Isla[n]d Book page that is to say after the death of the father to descend 118 and come to the eldest son and for wand thereof to the eldest daughter and for want of such to the next of kindred and to no other person or persons whatsoev[e]r except it be by gift grant or assignment in the case of Po =verty or for or upon Som other cause or reason appro= =ved of by the Lord or his officers. By which act it is evident a tenn[an]t Right or Course of succession was designed still to continue notwithstand =ing any lease then made or that could or should be afterwards taken this appeares further from two other lawes made limitting the time for pursuing claimes of Tenn[an]ts Right the one 1647 other the yeare 1662 which say that if any [page 12] person have any Title or claime cto make to any farmes within this Isle they shall doe it within 21 yeares after he and his ancestors have been dispossed thereof or after his Title shall first descend com or fall with a proviso Statut Book that the sd yeares shall not run ag[ains]t persons dureing page 127 minority [?] or necessary absence out of the coun[=] 133 trey etc And yet it must be observed that notwithstanding all these, and some former lawes to the same effect it app[=] peareth that where ever a Tenn[an]t Right hath been pleaded ag[ains]t a lease though the court hath taken upon them often to declare in whom the Tenn[an]t Right was lodged yet they have never made voyd any lease but either adjudged the lease good dureing the tearm there[=] of and the tenn[an]t Right to take place only after the expiration of the same or else they have left and sub =mitted the case to the consideracon of the Lord as this appeares in many and various instances so pertic =larly in the case of Ellis ag[ains]t John Corleod ano 1596 where the Deemst[e]rs and 24 Keyes doe expressly say that that they can not enter into judgm[en]t ag[ains]t the Lords lease but finde the same effectuall and to stand good as other leases have Lib Scac been heretofore untill such time as it shall please ye 1596 Lord the owner of the Isle to consider of the demands Lib plit of the Islanders for their Tenn[an]t Right And as to the case of Calcott ag[ains]t Christian ano 1666 which is the only lease we can finde was ever made void it ap= peareth that though the Lords Comission[e]rs officers the Deemst[e]rs and 24 Keyes found and declared the tenn[an]t Right Lib Cancell to be in Calcott yet they would not take upon them to Ano 1660 annull the lease but Earle Charles takeing advise of Councill in England upon this case which had been remitted to him found the lease granted by his father [page 13] to Christian to be a fee farm grant to him and his heirs for ever, such as never was made for any estate in this Island before and was supposed could not be war =ranted by the act of the Seventh of King James the first and therefore by sentence of his Lo the same was declared void and Calcott admitted to compound for the farm which he did and paid a considerable fine for the same notwithstanding his Tenn[an]t Right There is in the yeare 1650 an act of Tinwald of w[hi]ch the preamble or narrative runns That James Earle of Lib Cancett Derby having by his commission deputed and authorised Ano 1650 the persons therein menconed to contract with the people of the island for such sums of money and upon such consideracons as to them should be thought fitt and that Sharpless Barry and Cannell therein design[ate]d having come in and offered to compound with the same commision[e]rs his Lo was pleaged upon the consideracons agreed upon betwixt the sd parties and for services don and to be don to him and his heirs to give grant and convey to the sd three persons their heirs and assign for ever all and singular the premises tenem[en]ts therein menconed for w[hi]ch they had compounded for formerlie in the yeare 1643 for tearm of lives which were then still in being they yeilding and paying to the sd Earle and his geirs such Rents services dutys, and Customes as heretofore hath been usuall and accustomed to be yeilded for the same and for the better establishing of this grant he the sd Earle directs and ord[e]rs that an Act of Tinwald be made and published for confirming the same then followes the statutory part confirming the sd grant with this priviso that if the Earle or his heirs should at any time thereafter compound and agree with the rest of the inhabitants of thus Isle for holding of their tenem[en]ts and hereditam[en]ts etc under the the like Tenure as they the sd Sharpless Barry and Cannell now hold their estates thus granted or by or under the pretended tenure of the straw mentioned [page 14] in the comission aforesd that in such a case that the sd Sharpless Barry & Cannell and their heires should be liable for those their holdings to all such laws dutys & services proportionable as should be agreed upon betwix[t] the sd Earle or his heires and the people of the Island so compounding according to the ord[e]r of the Setting Quest This act seemes to shew that by the comission there menconed the comission[e]rs were appointed or at least were impowered to treat with the peope for restor =ing them to that Tenure called in this act the preten[=] ded tenure of the straw and it is al =ledged also that their was a proclamacon for the tenn[an]ts to come in and agree with comission[e]rs for such restora[=] tion if they pleased but neither this comission itself nor any such proclamacon are to be found on Record and it is certaine that none of the people came in and compounded for any such tenure except the three persons menconed in the sd Act for in the yeare 1660 Charles Earle of Derby having sent comission[e]rs to settle the affaires of the Island the Lib Comp Tenn[an]ts did then produce leases and the composicons made 1660 then for their estates in 1643 to the sd Comissioners who entred into severall Bookes their names with ye lives then expired or in being in there sd leases with a declaracon of the said tenn[an]ts that they were willing to pay his Lordship some summs of money equall to a single rent called gratuities and severall of them paid consideracon by way of a fine for the same besides their gratuities Those gratuities were then paid as well by the Cottage and Intack holders whoise estates are esteemed in law as chattels and different from the farm land holdings [page 15] as by the other Tenn[an]ts but noe mecon is made in the bookes wheither these gratuties were paid as a thing justly due and required by the comission[e]rs or as a mark of the peoples respect to their Lord upon his happy Restoration to the Island. For in the yeare 1666 his lordship appointed a[=] nother comission to contract with the Tenn[an]ts for their estates for three lives or 21 yeares. Lib Comp Severall tenn[an]ts who had lives falln in their Ano 1666 leases or had their tearmes expired came in & et 1671 agreed and paid fines for adding of lives or takeing of new Tearmes notwithstanding their gratuities paid but six yeares before as above, and the same was likewise don in the yeare 1671 as appears by the Booke of Composition for that yeare since which time there have been no leases made or Renu[=] ed within the Isle. The formes of livery and seizin with som others ac =customed in England have not been used in any of the leases here but som of them granted & perfected barely by an Indenture in writeing others and ye far greater part have been made only by entring the Tenn[an]ts name in certaine bookes or Court Rolls called Composicon Bookes with the tearm of lives or yeares granted, and the fines paid for the same. And it is to be observed that the fines paid upon granting new leases or adding of lives have varyed in the severall leaseings before menconed and have been raised or abated at the discretion of the Com =mission[e]rs From all what has been Recited before it appear =eth what diffrent alteracons there has been in the manner of the Tenn[an]ts holding their Estates under Lo: for about 300 yeares past since Sr John Stanlys ti[me] [page 16] The people having their land for the most now out of lease make dificulty of entring to new leases earn[estly] desiring to be restored to what they call their antie[nt] holdings or Tenure of the Straw claiming a Right [to] the same and pretending that it cannot be destry[ed] by the severall particular leaseings above nor even by the universall leasing in 1643 in r =pect their was no Act of Tinwald or other Law so either to oblige them to take such leases or to [r?] =fie and establish them when made which they [?] was necessary to give them the force of Destroy [?] which they call a General Constitution or Right of a whole People. The Matter Thus stated the Questions may bee Wheither the Tenn[an]ts holding their Tenem[en]ts as before 1 Sett forth ever acquired such a right of Coppy hold or such like tenure to their estates as the Lord could have no Power to alter or if they had such a Right wheither it is not destroyed by their own consent in entring into the severall Generall leasings above menconed so as the Lord may now oblige them to Renue their Leases on Reasionable fines How far the Lord hath Power by the Act of Intaile of the 7th of King James the first to Restore them to their antient way of holding again or in case they do agree to leaseing for lives and upon fines how far (2dly) he hath power to fix those fines so as to make them certaine forever ag[ains]t his heirs Wheither the Indenture made in the yeare 1601 con= verting the customes formelie paid in kinde into a (3) Double rent in money which was to continue dureing pleasure only [page 17] or till the same should be countermanded by the Lord or his heires may not now be Revoakd and if the Tenn[an]ts are to be restored to their old tenur wheither the Lord may not oblige them to pay those customes in kinde as formerly before that that Indenture was made Lastly that since the Tenn[an]ts of those Tenem[en]ts called Intacks Cottages Mills of a late Erection which are (4ly) Reputed as Chattles and have never been held other =wise then by fines, and composicons are desirous to be established upon the same foot with the Tenents of the Customary lands in any agreen[en]t or Settlem[en]t that shall now be made betwixt ye Lord and his people how far the Lord in Impow= =red by the Aforesaid Act of Intaile to grant those Tennents such a Settlement