A late 17th century History of Tenure in the Isle

Overview

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.

Transcription

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 Ten[]t 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 ag[]t 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