Istleworth-Syons Peace. Istleworth-Syons Peace. CONTAINING Certain ARTICLES OF AGREEMENT made between the Right Honourable Algernoone Earl of Northumberland, &c. Lord of the Mannor of Istleworth-Syon in the County of Middlesex, Peter Dodsworth, Hugh Potter and Robert Scawen, Esquires, of the One Part; and Sir Thomas Ingram Knight, Sir Thomas not Knight, Sir John Syddenham Baronet, and others, Copy-hold Tenants of the said Mannor, of the Other Part. A Bill preferred in the High Court of CHANCERY, wherein the said Sir Thomas Ingram, Sir Thomas not, Sir John Syddenham, and others, the said Copy-hold Tenants, are Plaintiffs; and the said earl, Peter Dodsworth, Hugh Potter and Robert Scawen, Defendants: With the said Defendants Answer to the said Bill. And a Decree in the said High Court of CHANCERY, Exemplified under the Great Seal of England, whereby the said Articles are ratified. And an Agreement of the Tenants, where the said Articles, &c. shall remain. Together with a Table of the Contents of the Articles, &c. All which are herein at large set forth: Except the often Repetition of all the Tenants names, which is herein omitted, for brevity sake onely. London, Printed by W. Godbid, 1657. The ARTICLES. ARticles of Agreement Indented and made Between the right Honourable Algernoone earl of Northumberland, &c. Lord of the Mannor or Lordship of Istleworth-Syon in the County of Middlesex, Peter Dodsworth, Hugh Potter and Robert Scawen, Esquires, Servants to the said Earl, of the One part; and Sir Thomas Ingram Knight, Sir Thomas not Knight, Sir John Syddenham Baronet Dame Martha Williamson Widow Edmond Williamson Esq; John Morris Esquire Richard Downton Esquire Thomas Lawley Esquire John brown Esquire Edward Berkhead Esquire Henry Mildmay Esq; and Jane his Wife Margaret Aunsham Spinster Michael Holman Esquire Peter Dodsworth Esquire William Chilcot Esquire John Needler Esquire Henry Poulton Esquire Ellis Crisp Esquire charles Pitcarne Esquire Leonard Hammon Esquire David Bonnell Esquire Gilbert barrel Esquire Edward Prescot Esquire Thomas Overman Gent. Thomas Dowdeswell Gent. Frances cook Widow John Cardell Clerk John Tourney Gentleman Richard Holman Gent. Richard Shelbury Gent. Nicholas Aunsham Gent. Richard Ell Gentleman Roger Reve Gentleman John Richards Gentleman William daw Gentleman Richard web Gentleman Thomas Poulton Gent. Rowland Aldrich Gent. John Symcocks Gentleman John Charles Gentleman Savage barrel Gent. Thomas Gee Gentleman Thomas gold Gentleman John Kinsman Gentleman John Peirson Gentleman Simon neal Gentleman John Edlyn Gentleman, and and his Wife Isaac Woodgreene Gent. Thomas Barwell Gent. Ephraim Dawson Gent. Christopher Bannister Gent. Hugh pierce Gentleman William paris Gentleman Richard bets Gentleman Thomas Crofton Gentleman John neal Gentleman Edward Lightmaker Gent. Ralph Warwick Gent. Richard Aunsham Gent. Francis wyatt Gentleman George pike Gentleman. 〈◇〉 wield Gentleman John Andrewes Richard Andrewes Edward Adams Simon Adams 〈◇〉 Abraham Widow William coal of Lampton Henry coal John Peters Gideon Whitehead Robert Bartlett the Elder Robert Bartlett the Younger George Bartlett Richard Balls, William Balls, William Baker the Elder, William Baker the Younger, Francis Abbot Widow, George Baker, John Braint, George Butler, Thomas Blashfield, Josiah Burbanke, Richard Bradbridge, Benjamin Barker, William bethel, Thomas Becket, William Becket, and Beale Widow, Ralph Blower, Robert blank, Robert Beale, Henry Beck, John Bell, Joan Brooker Widow, Elizabeth Box, Hugh Bishop, John Bannister, Thomas coal, John coal of Twickenham, William coal of Twickenham, John coal of Bow, Edward Constable, ruffian clerk, William Collins, William Carpenter, Richard clerk the Younger, Henry Coomes, Jane Child Widow, William Constable, Martha Cooper Widow, Thomas cook, Katharine clerk Widow, Thomas Dowse, Ezekias Davis, William Bryan, Hugh Godby, Arthur Pitcher, Henry Eborn of Twickenham, William Eborn, Henry Eborn of Hounslow, Peter English, and Sarah his Wife, Edward Fisher, Robert Fish, and his Wife, Jane Fell, and franklin, John Farrington, John Fuller, John Finch, Isabel fennel, Henry Fuller, Abraham gardener, Joan Geale Widow, Collins groom, George Gillen, 〈◇〉 Garry, John Gennens, Thomas Grey, Edward Gisby the Younger, John Gildon, Robert Heddyn, Timothy Heddyn, Ellen Hall Widow, Edmond Brooker, Thomas Hall, Martha Hammon Widow William Hollihock, William Hacker, Nathaniel Hammond, Francis Harper, Richard Harper, Elizabeth Cox, Henry Hammerton, Thomas Huddle, John Hewson, Thomas Hannington, and Katharine his Wife, John Holman, William Smith Gentleman, Matthew Huddle, Peter Hayward, and Jane his Wife, William Hart, Susanna Hart, Thomas Hayley, John Herritage, George Hunt, Robert Hickman, Dorothy holding, Thomas Jones his Heirs, Daniel Johnson Gentlem. Elizabeth Jenks, Robert Knight, and Kirrill Widow, Margaret Isaacson Widow, Nicholas Lancaster, Richard Lewis, and Ellen his Wife, Richard Larchin, Anthony Locksmith, Agnes lions, Henry lions, Edward Lock, Thomas Morrison, Samuel Mathewes, and Elizabeth his Wife, Margaret Man Widow, Elizabeth Larchin, Thomas Larchin, Henry Malcombe Gent. Richard Moore, John Martin, Francis Merrick, William Myland, Edward Morecock, John Nixon, Nicholas North, William nichols, Richard clerk the Elder, Randal nuns Gentleman, John own, and Oliver, Robert Osborne, Thomas Osborne, William Ossever, Elizabeth Reve alias Barker Robert Parslowe, Thomas Prymmer, John Powel, John Pope, Nicholas Pope, Alice pierce, Robert Parsons, James Prigg, Thomas Pasmoore, Simon Parkins, William Piggot, and Parr overlay, Henry Pavet, Philipp Packer overlay, Thomas pen, Katharine Price overlay, Honor Prescot, Robert Pasmoore and Rose his Wife, William russel, Thomas red, Robert Randoll, John Randoll, Richard Reynor, John Reely, and Hargall overlay, and Holman overlay, Edward Reve, joan Robinson overlay, Nicholas Rawles, John Rodyn, james linnet, William Laurance, Hester Standon overlay, james Shorter, Thomas Shorter, Mark sharp, John Salter, John Ieffs, John Suddy, jane Suddy, and Suddy, 〈◇〉 springal overlay, William Stocker, John Stevens, Rebecca Stevens, Tho. Savage of Hampton, Thomas Savage of Twickenham, Thomas Symnell Gent. Henry Saunders, Phillip Snow, Richard steer, Bennet Sheward overlay, John Samuel, William Steward, William Smith, the younger, Edward Salter, John tailor, Robert tiler, Timothy tailor, jeremy tailor, sibyl tailor, Nicholas Beale, John Willis, Thomas Willis, George underwoods, John Wheeler, Thomas Walcot, John West, Robert White, George White, John White, Francis White, Hugh White, Rebecca swear, Arthur Butler, edmond Witherhead, William White, Marlyon White, Margaret Williams, Ieoffery Waller, Thomas web, Henry Walton's heirs Thomas Wooddyn, Francis farewell, Ralph Yates, Richard Gill, Richard Maldyn, and Margery Yates; Copyhold Tenants of the said Mannor of the other part; bearing date the Twentieth day of May, in the year of our Lord God, One thousand Six hundred fifty and six. Whereas divers Suits and Controversies have heretofore arisen and happened between the said right honourable Algernoone earl of Northumberland, Lord of the said Mannor of Istleworth-Syon, and his Lordships copyhold Tenants there, concerning Fines and Heriots, and divers other Customs within the said Mannor: Now for the final end and Determination of all the said Suits and Controversies, and for prevention of the like which might hereafter happen between the said earl, Peter Dodsworth, Hugh Potter and Robert Scawen, their Heirs or assigns; and the said Sir Thomas Ingram Sir Tho. not Sir John Syddenham,,, and others, the Copy-hold-Tenants before particularly name, and Parties to these presents, and their Heirs or assigns, Copyhold-Tenants of the said Mannor; And for declaring and establishing the Customs of the said Mannor, touching the several Particulars herein after expressed. It is mutually Covenanted, concluded, declared and agreed, by and between the said Parties to these presents, in manner and form following. And first, It is declared and agreed by and between the said Parties, That all Fines upon Admittances, to all and every the Copy-hold messages, Halfe-messuages, Cottages, Lands, Tenements and hereditaments held of the said Mannor, by the said Sir Thomas Ingram Sir Thomas not Sir John Syddenham,,, and others, the Customary-Tenants afore particularly name, and Parties to these presents, or any of them, their Heirs and assigns, by Copy of Court-Roll, are, and ought to be henceforth CERTAIN, and not ARBITRARY at the Will of the Lord. And that the said Earl, Peter Dodsworth, Hugh Potter and Robert Scawen, their Heirs and assigns, and all and every other Lord and Lords of the said Mannor, ought to have and take Fines and Heriots upon the Death of every Tenant, dying seized of any messages, Half-messuages, Cottages, Lands, Tenements and Hereditaments, and upon Admittances thereunto, as hereafter followeth, and not other or greater; That is to say, upon the Death of every Tenant dying seized of One Customary messsage in his own occupation, the said Earl, Peter Dodsworth, Hugh Potter and Robert Scawen, their Heirs and assigns, Lord of Lords of the said Mannor, Shall and may take for an Heriot, the Second best Cloven-footed-Beast, from the ox to the Sheep, which the said Tenant shall be possessed of, in his own Right, as of his own proper Goods, at the time of his Decease, within the said Mannor: Or, if he have no such Beast, then the sum of Two shillings in money, for and in lieu of an Heriot. And for every other messsage whereof such Tenant shall die seized in his occupation, or otherwise, the like sum of Two shillings in money onely and no more; One Heriot in kind onely and no more, being to be paid upon the death of One Tenant, and that in case such Tenant have a messsage in his own occupation, at the time of his death, and not otherwise. And upon the death of every Tenant dying seized of One or more Half-messuage, the sum of Twelve pence a piece for every Half-messuage. And upon the Death of every Tenant, dying seized of One or more Customary Cottages, Six pence a piece for every Cottage, for and in lieu of an Heriot. And upon the Admittance of every Tenant to one or more of the said Copyhold-Messuages for a Fine for every messsage, Two shillings a piece; and for a Heriot, the like sum of Two shillings a piece. And upon the Admittance of every Tenant to one or more Half-messuages, Twelve pence a piece for a Fine, & the like Sum of Twelve pence a piece for an Heriot for every Half-messuage. And upon the Admittance of every Tenant to one or more Copyhold Cottages, the sum of Six pence a piece, for a Fine; and Six pence a piece for an Heriot for every of the said Cottages. And for a Fine upon an Admittance to every Acre of Land, of what nature or quality soever it be, four pence, and no more: And so after that rate for every lesser or greater quantity of Land. And that all Acres of Land, of what nature or kind soever, In case any difference arise concerning the Content or Quantity of the same, shall from henceforth be accounted according to the usual estimation thereof: And Orchards, and Gardens, underwoods, Nurseries and Plantations, to pay after the rate of Land, according to the Quantity thereof, and not any other or greater Fine. Item, It is declared and agreed, That every Husband whose Wife is, or at any time during the Coverture between them, shall be in the actual Possession of any Customary messages, Half messages, Cottages, Lands, Tenements and Hereditaments, and shall have any Estate of Inheritance therein, and shall die seized thereof, they having, or having had Issue( born alive) between them, In case he survive his said Wife, he ought to hold the said messages, Halfe-messuages, Cottages, Lands, Tenements, and Hereditaments whereof She shall so die seized, during his life, as Tenant by the courtesy, according to the Course of the Common-Law of England. Item, It is likewise Declared and Agreed, by, and between the said Parties, That the Wife of every Copy-holder, who is, or shall be, at any time, during the Coverture between them, seized of any messages Half-messuages, Cottages, Lands, Tenements and Hereditaments of such Estate therein; whereof the Issue betweem Him and his said Wife, may by possibility Inherit: In case She survive her Husband, She ought to be endowed( for term of her life) of the said messages, Half-messuages, Cottages, Lands, Tenements, and Hereditaments, whereof her Husband was so seized, in manner following: That is to say, of Eighteen Pence a year, payable half-yearly, at Michaelmas and Lady-Day, for every Acre of Land, of what nature, kind, or quality soever, in lieu of her Thirds: For Non-payment whereof, She may( by the custom of the Mannor) distrain as for a Rent-Charge at Common Law, and of such part of messages, Half-messuages, and Cottages, as shall be appointed to her by the Homage. Item, It is further Declared and Agreed, by and between the said Parties to these presents, That the youngest Son of every Coppy-holder, dying seized of any Customary messages, Half-messuages, Cottages, Lands, Tenements and Hereditaments, ought to inherit the same: And so the Youngest Son of the Youngest Son, and the Youngest Brother, and other youngest of the Male-line, after the nature of the Descent of Borrough-English-Land. But if there be but one Son, then that Son shall inherit. And if there be Daughters and no Son, then the Daughters shall inherit as Coheirs. And if but one Daughter, she shall inherit. Item, It is likewise Declared and Agreed, That when a Copy-holder death seized of a Copy-hold of Inheritance, his Heirs being within the Age of Fourteen years, the Guardianship of such Heir, shall be committed( by the Lord, or his Steward) to the next of Kin to the Heir that cannot inherit; As in case of tenor in Soccage of Lands at Common-Law: And that such Heir is to be, and shall be admitted tenant by his Guardian: For which Admission one Fine is to be paid; but no Fine payable for Admitting the Guardian. And that such Heir, at his full Age of One and twenty years, is to do Fealty, which in the mean time is to be resp●ted. And that such Guardian is to give Security( to be taken by the Steward, in the Name of the Lord) that he shall Account to the Steward, when he shall be required; And Answer the Profits of the Heirs Estate to the Heirs use. And that such Heir ought to be, and sh●●l be at Liberty at his Age of Fourteen years and upwards, to choose another Guardian; who shall likewise give security as aforesaid. And that if a Guardian die, or become Insolvent, before the Heir shall attain to the Age of Fourteen years, The Steward shall commit the Guardianship of such Heir, to the then next of Kin, as aforesaid; or to some Tenant, in case of Insufficiency in the Kindred; And shall take security in manner as before is set down. And moreover, It is Agreed, and so Declared, by and between the Parties to these presents, That by the custom of the said Mannor, the Tenants of Inheritance may suffer their respective messages, Half-messuages, and Cottages, or any of them; or any part of them, or of any of them, to fall down, or may take them down, or remove them, or cause them to be taken down, or otherwise dispose of them, or any part of them, as they shall think fit. And shall and may also, dispose of their Woods, Orchards, Gardens and Timber-trees, growing and being, or to be upon their Customary Lands, to what Use they please, without Peril or Penalty; and without Forfeiture of their or any of their Copy-hold Estate, or Estates, or any part thereof. Item, It is Declared and Agreed; That in case any Copy-holder or Copy-holders, which is, are, or at any time hereafter, shall be seized of any Customary messages, Half-messuages, Cottages, Lands, Tenements, or Hereditaments, held of the Lord of the said Mannor, for and during the term of his, her, or their Life or Lives onely, or of any Estate determinable upon the death of any person or persons whatsoever, shall commit or permit any Waste t● be done, or suffered, in or upon the C●stomary messages, Cottages, Lands, Tenements, and Hereditaments, or any part or parcel of them so held, or to be held, by such Copyholder or Copyholders for Life, as aforesaid, by not sufficiently repairing the same, or otherwise: The Homage at the Lords Courts( from time to time, to be holden for the said Mannor) ought to present every such Copy-holder, so committing or permitting Waste to be done, by neglect of Repair, or otherwise, as is aforesaid; And impose an Amercement upon every such Copy-holder, to enforce him, her, or them thereby to amend and repair such Wasts by him, her, or them permitted or committed in and upon the messages, Lands, Tenements and Hereditaments by him, her, or them held, or or to be held, as is aforesaid. Lastly, It is mutually covenanted, concluded and Agreed, by and between the said Parties to these Presents; And the said earl, Peter Dodsworth, Hugh Potter, and Robert Scawen, do hereby Declare, That they are well pleased, That if the said Sir Thomas Ingram Sir Thomas not Sir John Syddenham,,, and Others, the Customary Tenants afore particularly name, and Parties to these presents, or their council learned, shall think fit, and advice; That An Act of Parliament, or a Decree in Chancery, or both of them, shall be necessary to be had for the Confirmation of these present Articles of Agreement; he the said earl, Peter Dodsworth, Hugh Potter and Robert Scawen, their Heirs and assigns, Lord or Lords of the said Mannor, Shall and will at all times hereafter consent unto such Act of Parliament, or Decree in Chancery, or both of them; To be prosecuted at the Charges of the said Sir Thomas Ingram Sir Thomas not Sir John Syddenham,, and Others; the Customary Tenants afore particularly name, and Parties to these presents, their Heirs, Executors or assigns; for the Confirmation of these presents. In witness whereof the Parties first above name to these present Articles of Agreement, interchangeably have put their Hands and Seals, the Day and year first above written. Subscribed on the labelns: Northumberland. Peter Dodsworth. Hugh Potter. Robert Scawen. The Witnesses Names to the Sealing and Delivering of the Articles, as they are thereupon endorsed. Sealed and Delivered by the within-named earl, and Robert Scawen, in the presence of William Sadlington. John Lorphelin. Thomas Hunt. Robert Jones. Sealed and Delivered by the within-named Hugh Potter, in the presence of us, Edward Goring. William Sadlington. John Weekes. Sealed and Delivered by the within-named Peter Dodsworth, in the presence of us, Edward Goteere. John Michill. Thomas Brooker. The Time of Acknowledgement. Acknowledged before me, One of the Masters of CHANCERY in Ordinary, the 25. of June 1656., Nat. Hobart. By Robert Scawen. The Time of enrolment. enrolled in CHANCERY the Five and Twentieth Day of June, in the Year within written. By humphrey Jaggard. Northumberland Comes And Ingram Knight, and others. Examined. The BILL. Thirteenth of June, 1656. Pindar. To the Right honourable, the Lords Commissioners for the Custody of the Great Seal of England. Examined by Heath. humbly Complaining, show unto your Honors your Orators Sir Thomas Ingram Knight, Sir Thomas not Knight, Sir John Syddenham Baronet, Dame Martha Williamson Widow, Edmond Williamson Esq; John Morris Esquire, Richard Downton Esquire, Thomas Lawley Esquire, John brown Esquire, Edward Berkhead Esquire, Henry Mildmay Esq; and jane his Wife, Margaret Aunsham Spinster Michael Holman Esquire, Peter Dodsworth Esquire, William Chilcot Esquire, John Needler Esquire, Henry Poulton Esquire, Ellis Crisp Esquire, Charles Pitcarne Esquire, Leonard Hammon Esquire, David Bonnel Esquire, Gilbert barrel Esquire, Edward Prescot Esquire, Thomas Overman Gent. Thomas Dowdeswell Gent. Frances cook overlay, John Cardell Clerk, John Tourney Gentleman, Richard Holman Gent. Richard Shelbury Gent. Nicholas Aunsham Gent. Richard Ell Gentleman, Roger Reve Gentleman, John Richards Gentleman, William daw Gent. Richard Webb Gent. Thomas Poulton Gent. Rowland Aldrich Gent. John Symcocks Gentleman John Charles Gentleman, Savage barrel Gentleman Thomas Gee Gentleman, Thomas gold Gentleman John Kinsman Gentleman, John Peirson Gentleman, Simon neal Gentleman, John Edlyn Gentleman, and and his Wife, Isaac Woodgreene Gent. Thomas Barwell Gent. Ephraim Dawson Gent. Christopher Bannister Gent. Hugh pierce Gentleman, William paris Gent. Richard bets Gentleman, Thomas Crofton Gent. John neal Gentleman, Edward Lightmaker Gent. Ralph Warwick Gent. Richard Aunsham Gent. Francis Wyat Gent. George pike Gentleman, 〈◇〉 Weild Gent. John Andrewes, Richard Andrewes, Edward Adams, Simon Adams, 〈◇〉 Abraham overlay, William coal of Lampton, Henry coal, John Peters, Gideon Whitehead, Robert Batlett the Elder, Robert Bartlet the younger, George Bartlett, Richard Balls, William Balls, William Baker the Elder, William Baker the Younger, Francis Abbot Widow, George Baker, John Braint, George Butler, Thomas Blashfield, Josiah Burbanke, Richard Bradbridge, Benjamin Barker, William bethel, Thomas Becket, William Becket, and Beale Widow, Ralph Blower, Robert blank, Robert Beale, Henry Beck, John Bell, Joan Brooker Widow, Elizabeth Box, Hugh Bishop, John Bannister, Thomas coal, John coal of Twickenham, William coal of Twickenham, John coal of Bow, Edward Constable, ruffian clerk, William Collins, William Carpenter, Richard clerk the Younger, Henry Coomes, Jane Child Widow, William Constable, Martha Cooper Widow, Thomas cook, Katherine clerk overlay, Thomas Dowse, Ezekias Davis, William Bryan, Hugh Godby, Arthur Pitcher, Henry Eborn of Twickenham, William Eborn, Henry Eborn of Hounslow, Peter English, and Sarah his Wife, Edward Fisher, Robert Fish, and his Wife, Jane Fell, and franklin, John Farrington, John Fuller, John Finch, Isabel fennel, Henry Fuller, Abraham gardener, Joan Geale Widow, Collins groom, George Gillen, 〈◇〉 Garry, John Gennens, Thomas Grey, Edward Gisby the Younger, John Gildon, Robert Heddyn, Timothy Heddyn, Ellen Hall Widow, Edmond Brooker, Thomas Hall, Martha Hammon Widow, William Hollihock, William Hacker, Nathaniel Hammond, Francis Harper, Richard Harper, Elizabeth Cox, Henry Hammerton, Thomas Huddle, John Hewson, Thomas Hannington, and Katharine his Wife, John Holman, William Smith Gentleman, Matthew Huddle, Peter Hayward, and Jane his Wife, William Hart, Susan Hart, Thomas Hayley, John Herritage, George Hunt, Robert Hickman, Dorothy holding, Thomas Jones his Heirs, Daniel Johnson Gentlem. Elizabeth Jenks, Robert Knight, and Kirrill Widow, Margaret Isaacson Widow, Nicholas Lancaster, Richard Lewis, and Ellen his Wife, Richard Larchin, Anthony Locksmith, Agnes lions, Henry lions, Edward Lock, Thomas Morrison, Samuel Mathewes, and Elizabeth his Wife, Margaret Man Widow, Elizabeth Larchin, Thomas Larchin, Henry Malcombe Gent. Richard Moore, John Martin, Francis Merrick, William Myland, Edward Morecock, John Nixon, Nicholas North, William nichols, Richard clerk the Elder, Randal nuns Gentleman, John own, and Oliver, Robert Osborne, Thomas Osborne, William Ossever, Elizabeth Reve alias Barker Robert Parslowe, Thomas Prymmer, John Powel, John Pope, Nicholas Pope, Alice pierce, Robert Parsons, James Prigg, Thomas Pasmoore, Simon Parkins, William Piggot, and Parr overlay, Henry Pavet, Philipp Packer overlay, Thomas pen, Katharine Price overlay, Honor Prescot, Robert Pasmoore and Rose his Wife, William russel, Thomas red, Robert Randoll, John Randoll, Richard Reynor, John Reely, and Hargall overlay, and Holman overlay, Edward Reve, joan Robinson overlay, Nicholas Rawles, John Rodyn, james linnet, William laurence, Hester Standon overlay, james Shorter, Thomas Shorter, Mark sharp, John Salter, John Ieffs, John Suddy, jane Suddy, and Suddy, 〈◇〉 springal overlay, William Stocker, John Stevens, Rebecca Stevens, Tho. Savage of Hampton, Thomas Savage of Twickenham, Thomas Symnell Gent. Henry Saunders, Phillip Snow, Richard steer, Bennet Sheward overlay, John Samuel, William Steward, William Smith, the younger, Edward Salter, John tailor, Robert tiler, Timothy tailor, jeremy tailor, sibyl tailor, Nicholas Beale, joh● Willis, Thom●s Willis, George underwoods, John Wheeler, Thomas Walcot, John West, Robert White, George White, John White, Francis White, Hugh White, Rebecca swear, Arthur Butler, edmond Witherhead, William White, Marlyon White, Margaret Williams, Ieoffery Waller, Thomas web, Henry Walton's heirs, Thomas Woodyn, Francis farewell, Ralph Yates, Richard Gill, Richard Maldyn, and Margery Yates; All Copyhold or Customary Tenants of the Mannor of Istleworth-Syon in the said County of Middlesex. That whereas the Right honourable Algernoone earl of Northumberland, Peter Dodsworth, Hugh Potter, and Robert Scawen Esquires, Servants unto the said earl, the Twentieth day of May, in the year of our Lord God, One thousand six hundred fifty and six. were, or some, or one of them, was seized in their, or some, or one of their demesnes, as of Fee of and in the said Mannor of Istleworth-Syon, in the said County of Middlesex; Together with all Fines, rents, customs, Services; and all other the rights, Members, privileges, jurisdictions and Appurtenances thereunto belonging. And whereas your said Orators are, and then were, or were and are entitled to be Customary and Copyhold-Tenants of Inheritance of the said Mannor. And whereas by a certain Writing Indented, bearing date the same day and year, made between the said earl and the said Peter Dodsworth, Hugh Potter, and Robert Scawen, of the One part, and your said Orators of the Other part, for the final end and Determination of all Suits and Controversies which then were, or thereafter might happen or be between the said Earl, Peter Dodsworth, Hugh Potter, and Robert Scawen, or any or either of them, their Heirs and assigns, Lords of the said Mannor, and your said Orators, concerning Fines and Heriors, and divers other customs within the said M●nno●r And to prevent all Suits and Controversies which might hereafter happen between the said earl, Peter Dodsworth, Hugh Potter and Robert Scawen, their Heirs and assigns, Lords of the said Mannor, and your said Orators, and their Heirs and assigns, Copyhold-Tenants of the said Mannor; And for the declaring and establishing the customs of the said Mannor, touching several Particulars in the said writing Indented expressed. It was mutually Covenanted, concluded, declared and agreed by and between the said Parties in manner and form following; That is to say; And first, It is Declared and Agreed by and between the said Parties, That all Fines upon Admittances to all and every the Copyhold messages, Halfe-Messuages, Cottages, Lands, Tenements and Hereditaments of the said Mannor by your Orators, Parties to the said writing Indented, or any of them, their Heirs and assigns, by Copy of Court-Roll, are, and ought to be henceforth CERTAIN and not ARBITRARY at the will of the Lord. And that the said earl, Peter Dodsworth, Hugh Potter, and Robert Scawen, their Heirs and assigns, and all and every other Lord and Lords of the said Mannor, ought to have and take Fines and Heriots upon the Death of every tenant, dying seized of any messages, Half-messuages, Cottages, Lands, Tenements and Hereditaments, and upon Admittances thereunto, as hereafter followeth, and not other or greater; That is to say, upon the Death of every Tenant, dying seized of One Customary messsage in his own occupation, the said earl, Peter Dodsworth, Hugh Potter, and Robert Scawen, their Heirs and assigns, Lord or Lords of the said Mannor, Shall and may take for an Heriot the second best Cloven-footed Beast, from the ox to the Sheep, which the said Tenant sha●l be possessed of in his own right, as of his own proper Goods, at the time of his decease, within the said Mannor; or if he have no such Beast, then the sum of Two shillings in money, for and in lieu of an Heriot; And for every other messsage whereof such Tenant shall die seized in his occupation, or otherwise, the like sum of Two shillings onely, and no more, One Heriot in kind onely and no more, being to be paid upon the Death of one Tenant: And that in case such Tenant have a messsage in his own occupation at the time of his death, and not otherwise: And upon the death of every Tenant dying seized of one or more Half-messuage, the sum of Twelve pence a piece for every Half-messuage. And upon the death of every Tenant dying seized of one or more Customary Cottages, Six pence a piece for every Cottage, for and in lieu of an Heriot. And upon the Admittance of every Tenant to one or more of the said Copyhold-Messuages, for a Fine for every messsage, Two shillings a piece, and for an Heriot the like sum of Two shillings a piece. And upon the Admittance of every Tenant to one or more Half-messuages, Twelve pence a piece for a Fine, and the like sum of Twelve pence a piece for an Heriot for every Halfe-messuage. And upon the Admittance of every Tenant to one or more Copyhold-Cottages, the sum of Six pence a piece for a Fine, and Six pence a piece for an Heriot for every of the said Cottages. And for a Fine upon an Admittance to every Acre of Land, of what nature or quality soever it be, four pence, and no more; and so after that rate for every lesser or greater Quantity of Land: And that all Acres of Land, of what nature or kind soever, in case any difference arise concerning the Content or Quantity of the same, should from thenceforth be accounted according to the usual Estimation thereof. And Orchards and Gardens, underwoods, Nurseries and Plantations, to pay after the rate of Land according to the quantity thereof, and not any other or greater Fine. Item, It is declared and agreed, That every Husband whose Wife is or any time during the Coverture between them, shall be in the Actual possession of any Customary-messuages, Half-messuages, Cottages, Lands, Tenements and Hereditaments, And shall have any Estate of Inheritance therein, and shall die seized thereof, they having or having had Issue born alive between them, In case he survive his said Wife he ought to hold the said messages, Half-messuages, Cottages, Lands, Tenements and Hereditaments, whereof She shall so die seized, during his Life, as Tenant by the courtesy, according to the Course of the Common Law of England. Item, It is likewise Declared and Agreed, by and between the said Parties, That the Wife of every Copyholder, who is or shall be at any time during the Coverture between them, seized of any messages, Half-messuages, Cottages, Lands, Tenements and Hereditaments of such Estate therein, whereof the Issue between him and his said Wife may by possibility Inherit, In case She survive her Husband, She ought to be endowed for term of her Life of the said messages, Half-messuages, Cottages, Lands, Tenements and Hereditaments whereof her Husband was so seized, in manner following; That is to say, of Eighteen pence a year payable Half-yearly, at Michaelmas and Lady-day, for every Acre of Land of what nature, kind, or quality soever, in lieu of her Thirds: For Non-payment whereof, She may by the custom of the Mannor Distrain as for a Rent-charge at Common-law: And of such part of messages, Half-messuages and Cottages as shall be appointed to her by the Homage. Item, it is further Declared and Agreed, by and between the said Parties, to the said Writing Indented, That the Youngest Son of every Copyholder, dying seized of any Customary-messuages, Half-messuages, Cottages, Lands, Tenements and Heridaments, ought to Inherit the same: And so the Youngest Son of the Youngest Son, and the Youngest Brother, and other Youngest of the Male-line, after the nature of the Descent of Borough-English Lands. But if there be but One Son, then that Son shall Inherit; And if there be Daughters, and no Son, then the Daughters shall Inherit as Co-heirs; And if but One Daughter, she shall Inherit. Item, It is likewise Declared, That when a Copyholder dieth seized of a Copyhold of Inheritance, his Heir being within the Age of Fourteen years, the Guardianship of such Heir shall be committed by the Lord or his Steward to the next of Kin to the Heir that cannot Inherit, as in case of tenor in Soccage of Lands at Common-Law: And that such Heir is to be, and shall be admitted Tenant by his Guardian: for which Admission one Fine is to be paid, but no Fine payable for admitting the Guardian: And that such Heir at his full Age of One and Twenty years, is to do Fealty, which in the mean time si to be respited. And that such Guardian is to give security to be taken by the Steward in the name of the Lord, That he shall account to the Steward when he shall be required, and answer the Profits of the Heirs Estate, to the heirs use: And that such heir ought to be, and shall be at Liberty at his Age of Fourteen years and upwards, to choose another Guardian, who shall likewise give security as aforesaid. And that, if a Guardian Die, or become Insolvent, before the heir shall attain to the Age of Fourteen years, the Steward shall commit the Guardianship of such heir to the then next of Kin, as aforesaid, or to some Tenant, in case of Insufficiency in the Kindred: And shall take security in manner as before is set down. And moreover, It is Agreed and so Declared, by and between the Parties to the said Writing Indented, That by the custom of the said Mannor the Tenants of Inheritance may suffer their respective messages, half-messuages and Cottages, or any of them, or any part of them, or any of them, to fall down, or may take them down or remove them, or cause them to be taken down, or otherwise dispose of them, or any part of them, as they shall think fit. And shall and may also dispose of their Woods, Orchards, Gardens and Timber-trees growing and being, or to be upon their Customary Lands, to what use they please, without peril or penalty, and without forfeiture of their or any of their Copyhold Estate or Estates, or any part thereof. Item, it is Declared and Agreed, that in case any Copyholder or Copyholders, which is, are, or at any time hereafter shall be seized of any Customary messages, half-messuages, Cottages, Lands, Tenements or hereditaments held of the Lord of the said Mannor, for and during the term of his, her, or their Life or Lives onely, or of any Estate determinable upon the Death of any person or persons whatsoever, shall commit or permit any waste to be done or suffered, in or upon the Customary-messuages, Cottages, Lands, Tenements and hereditaments, or any part or parcel of them, so held or to be held by such Copyholder or Copyholders for life, as aforesaid, by not sufficiently repairing the same, or otherwise: The Homage at the Lords Courts from time to time to be holden for the said Mannor, ought to present every such Copyholder so committing or permitting Waste to be done by neglect of Repair or otherwise, as is aforesaid; And Impose an Amercement upon every such Copyholder, to enforce him, her, or them, thereby to amend and repair such Wasts by him, her, or them, permitted or committed, in and upon the messages, Lands, Tenements and Hereditaments by him, her, or them held or to be held, as aforesaid. Lastly; It is mutually covenanted, concluded and Agreed by and between the said Parties to the said Writing Indented; And the said Earl, Peter Dodsworth, Hugh Potter and Robert Scawen, Have by the said Articles declared, That they are well pleased, That if your Orators or their council learned shall think fit and advice, that an ACT OF PARLIAMENT, or a DECREE IN CHANCERY, or both of them, shall be necessary to be had, for the Confirmation of the ARTICLES OF AGREEMENT contained in the said writing Indented; he the said earl, Peter Dodsworth, Hugh Potter, and Robert Scawen, their Heirs and assigns, Lord or Lords of the said Mannor; shall and will at all times hereafter Consent unto such ACT OF PARLIAMENT or DECREE IN CHANCERY, or both of them to be prosecuted at the Charges of your said Orators, their Heirs, Executors or assigns, for the Confirmation of the said Articles of Agreement, as by the said Writing Indented under the hands and seals of the said earl, Peter Dodsworth, Hugh Potter and Robert Scawen, ready to be produced and shown forth in this honourable Court, doth and may appear. And all which said Articles and Agreements ought to observed, ratified and confirmed by the said earl, Peter Dodsworth, Hugh Potter and Robert Scawen, according to the intent and true meaning of the said writing Indented. But so it is, May it please your Honors, That the said earl, and the said Peter Dodsworth, Hugh Potter and Robert Scawen, intending and devising to infringe and break the customs of the said Mannor, and to Commence new Suits and Troubles against your Orators, have refused, and do refuse to give their Consent, That a Decree of this honourable Court for a greater Confirmation of the said Agreement and customs therein specified, shall be had and passed, notwithstanding the several Requests of your Orators to them made in that behalf, contrary to the tenor and effect of the Agreement before rehearsed. Now to the end your Orators may be relieved by this honourable Court, as to Iustice and Equity appertaineth, And that your Orators may quietly and without molestation enjoy their just and Rightful customs and privileges, according to the custom of the said Mannor, and the Contents of the Agreement before rehearsed: And that the said Agreement, in all the several particular Clauses thereof, may be ratified and confirmed by the Decree of this honourable Court. May it please your Lordships to grant unto your Orators, not onely your Honors Letter to be directed to the said Algernoone earl of Northumberland, to make his appearance here in this honourable Court at a certain day therein to be limited; then and there to answer the premises; And further, to stand to and abide such Order and Direction therein, as to your Honors in Iustice shall seem meet: But also one Writ of Sub poena under the Seal of this honourable Court, to be directed to the said Peter Dodsworth, Hugh Potter, and Robert Scawen, thereby commanding them, and every of them, at a certain day, and under a certain pain therein to be limited, to be and personally to appear before your Honors in this honourable Court, then and there to answer the premises, and to stand to and abide, such further Order and Direction therein, as to your Honors in Equity shall be thought fit: And your Orators shall daily pray for your long lives and happiness. Roger Heath. The ANSWER. Robert Scawen Sworn the 25. of june, 1656. Na. Hobart. Hugh Potter Sworn the 26. of June, 1656. W. Glascocke Pindar. The Answers of the Right Honble Algernoone earl of Northumberland, Peter Dodsworth, Hugh Potter, and Robert Scawen Esqs; Defendants to the Bill of Complaint of Sir Thomas Ingram Knight, Sir Thomas not Knight, Sir John Syddenham Baronet, and Others, Complainants. THe said Defendants saving to themselves now, and at all times hereafter, all Advantages of Exception, to the uncertainties and Insufficiencies of the said Bill of Complaint; for Answer thereunto, say: That true it is, that they the said Defendants, some or one of them, are, or is, and at the time mentioned in the said Bill of Complaint, were, or was seized of the said Mannor of Istleworth-Syon, in their, some, or one of their drawn as of Fee; And that the said Sir Thomas Ingram Sir Thomas not Sir John Syddenham,,, and Others the said Complainants are, or are, or were entitled to be Copyhold-Tenants of the said Mannor as in the said Bill of Complaint is alleged. And the said Defendants, do further aclowledge, and confess the Sealing, and Delivery of the said Indented Writing, according to the Tenor of the Complainants said Bill, and the Rehearsal therein contained. But they utterly deny, that they, or any of them, any way contrived or devised to break, or any way to infringe the good and ancient customs of the said Mannor, or to Commence any Suits against the Complainants, or any of them, or any ways directly or indirectly to trouble or molest the said Complainants in the Enjoyment of their just and rightful Estates, customs, or privileges, contrary to the true intent and meaning of the Agreement set forth and mentioned in the said writing Indented; But have always been, and are ready and willing, and do hereby declare their Consent and Agreement, that all and every the said customs and privileges in the said Indenture specified and agreed, be Ratified and Confirmed by the DECREE of this honourable Court, if it may stand with the pleasure of this honourable Court: Without that that any other matter or thing material or effectual in the Law to be Answered unto, and not herein or hereby sufficiently Answered, Confessed or avoided, Traversed or Denied, is true to the knowledge of these Defendants: All which these Defendants are ready to aver and prove as this honourable Court shall award. And humbly pray to be hence dismissed with their reasonable Costs and Charges in this behalf sustained. Northumberland. Jo. Barton. Peter Dodsworth. THe Right honourable the earl of Northumberland this 24 day of June, 1656. did attest this Answer upon his Honor: And the said Defendant Peter Dodsworth was duly Sworn to the same Answer by virtue of a Commission to Us and Others directed for the same purpose; before Us, Tho. pain. Orlando Gee. The DECREE. OLIUER LORD PROTECTOR of the Common-wealth of England, Scotland and Ireland, and the Dominions thereunto belonging; To all to whom these presents shal come Greeting. We have looked into the enrolment of a certain Decree made and pronounced before Us, in Our Court of Chancery, & there enrolled in the Rolls of Our said Court, and there remaining on Record, in these words following: Whereas before this time Sir Thomas Ingram Knight, Sir Thomas not Knight, Sir John Syddenham Baronet, Dame Martha Williamson widow, Edmond Williamson Esq; John Morris Esquire, Richard Downton Esquire, Thomas Lawley Esquire, John brown Esquire, Edward Berkhead Esquire, Henry Mildmay Esq; and jane his Wife, Margaret Awnsham Spinster Michael Holman Esquire, Peter Dodsworth Esquire, William Chilcot Esquire, John Needler Esquire, Henry Poulton Esquire, Ellis Crisp Esquire, Charles Pitcarne Esquire, Leonard Hammon Esquire, David Bonnel Esquire, Gilbert barrel Esquire, Edward Prescot Esquire, Thomas Overman Gent. Thomas Dowdeswell Gent. Frances cook overlay, John Cardell Clerk, John Tourney Gentleman, Richard Holman Gent. Richard Shelbury Gent. Nicholas Awnsham Gent. Richard Ell Gentleman, Roger Reve Gentleman, John Richards Gentleman, William daw Gent. Richard Webb Gent. Thomas Poulton Gent. Rowland Aldrich Gent. John Symcocks Gentleman John Charles Gentleman, Savage barrel Gentleman Thomas Gee Gentleman, Thomas gold Gentleman John Kinsman Gentleman, John Peirson Gentleman, Simon neal Gentleman, John Edlyn Gentleman, and and his Wife, Isaac Woodgreene Gent. Thomas Barwell Gent. Ephraim Dawson Gent. Christopher Bannister Gent. Hugh pierce Gentleman, William paris Gent. Richard bets Gentleman Thomas Crofton Gent. John neal Gentleman, Edward Lightmaker Gent. Ralph Warwick Gent. Richard Awnsham Gent. Francis Wyat Gent. George pike Gentleman, 〈◇〉 Weild Gent. John Andrewes, Richard Andrewes, Edward Adams, Simon Adams, 〈◇〉 Abraham overlay, William coal of Lampton, Henry coal, John Peters, Gideon Whitehead, Robert Bartlett the Elder, Robert Bartlett the younger, George Bartlett, Richard Balls, William Balls, William Baker the Elder, William Baker the Younger, Frances Abbot Widow, George Baker, John Braint, George Butler, Thomas Blas●field, Josiah Burbanke, Richard Bradbridge, Benjamin Barker, William bethel, Thomas Becket, William Becket, and Beale Widow, Ralph Blower, Robert blank, Robert Beale, Henry Beck, John Bell, Joan Brooker Widow, Elizabeth Box, Hugh Bishop, John Bannister, Thomas coal, John coal of Twickenham, William coal of Twickenham, John coal of Bow, Edward Constable, ruffian clerk, William Collins, William Carpenter, Richard clerk the Younger, Henry Coomes, Jane Child Widow, William Constable, Martha Cooper Widow, Thomas cook, Katharine clerk overlay, Thomas Dowse, Ezekias Davis, William Bryan, Hugh Godby, Arthur Pitcher, Henry Eborn of Twickenham, William Eborn, Henry Eborn of Hounslow, Peter English, and Sarah his Wife, Edward Fisher, Robert Fish, and his Wife, Jane Fell, and franklin, John Farrington, John Fuller, John Finch, Isabel fennel, Henry Fuller, Abraham gardener, Joan Geale Widow, Collins groom, George Gillen, 〈◇〉 Garry, John Gennens, Thomas Grey, Edward Gisby the Younger, John Gildon, Robert Heddyn, Timothy Heddyn, Ellen Hall Widow, Edmond Brooker, Thomas Hall, Martha Hammon Widow, William Hollihock, William Hacker, Nathaniel Hammond, Francis Harper, Richard Harper, Elizabeth Cox, Henry Hammerton, Thomas Huddle, John Hewson, Thomas Hannington, and Katharine his Wife, John Holman, William Smith Gentleman, Matthew Huddle, Peter Hayward, and Jane his Wife, William Hart, Susan Hart, Thomas Hayley, John Herritage, George Hunt, Robert Hickman, Dorothy holding, Thomas Jones his Heirs, Daniel Johnson Gentlem. Elizabeth Jenks, Robert Knight, and Kirrill Widow, Margaret Isaacson Widow, Nicholas Lancaster, Richard Lewis, and Ellen his Wife, Richard Larchin, Anthony Locksmith, Agnes lions, Henry lions, Edward Lock, Thomas Morrison, Samuel Mathewes, and Elizabeth his Wife, Margaret Man Widow, Elizabeth Larchin, Thomas Larchin, Henry Malcombe Gent. Richard Moore, John Martin, Francis Merrick, William Myland, Edward Morecock, John Nixon, Nicholas North, William nichols, Richard clerk the Elder, Randal nuns Gentleman, John own, and Oliver, Robert Osborne, Thomas Osborne, William Ossever, Elizabeth Reve alias Barker Robert Parslowe, Thomas Prymmer, John Powel, John Pope, Nicholas Pope, Alice Peiroe, Robert Parsons, James Prigg, Thomas Pasmoore, Simon Parkins, William Piggot, and Parr overlay, Henry Pavet, Philipp Packer overlay, Thomas pen, Katharine Price overlay, Honor Prescot, Robert Pasmoore and Rose his Wife, William russel, Thomas red, Robert Randoll, John Randoll, Richard Reynor, John Reely, and Hargall overlay, and Holman overlay, Edward Reve, joan Robinson overlay, Nicholas Rawles, John Rodyn, james linnet, William laurence, Hester Standon overlay, james Shorter, Thomas Shorter, Mark sharp, John Salter, John Ieffs, John Suddy, jane Suddy, and Suddy, 〈◇〉 springal overlay, William Stocker, John Stevens, Rebecca Stevens, Tho. Savage of Hampton, Thomas Savage of Twickenham, Thomas Symnell Gent. Henry Saunders, Phillip Snow, Richard steer, Bennet Sheward overlay, John Samuel, William Steward, William Smith, the younger, Edward Salter, John tailor, Robert tailor, Timothy tailor, jeremy tailor, sibyl tailor, Nicholas Beale, John Willis, Thomas Willis, George underwoods, John Wheeler, Thomas Walcot, John West, Robert White, George White, John White, Francis White, Hugh White, Rebecca swear, Arthur Butler, edmond Witherhead, William White, Marlyon White, Margaret Williams, Ieoffery Waller, Thomas web, Henry Walton's heirs, Thomas Woodyn, Francis farewell, Ralph Yates, Richard Gill, Richard Maldyn, and Margery Yates; all Copyholders, or Customary Tenants of the Mannor of Istleworth-Syon, in the County of Middlesex, Complainants; exhibited their Bill of Complaint in this honourable Court of Chancery, against the right honourable Algernoone earl of Northumberland, Peter Dodsworth, Hugh Potter and Robert Scawen, Esqs; Defendants; declaring thereby, that the said Defendants, the earl of Northumberland, and the said other Defendants, h●● servants, the Twentieth day of May, One thousand six hundred fifty six, or some or one of them, was, or were, seized in their drawn of Fee, of and in the Mannor of Istleworth-Syon, in the County of Middlesex; Together with all Fines, rents, customs, Services; and all other rights, Members, privileges, jurisdictions and Appurtenances thereunto belonging. And the said Complainants then were entitled to the Customary and Copyhold-Tenements of the said Mannor. And by a certain Writing Indented, bearing date the same day and year, made between the said Defendants of the One part, and the said Complainants of the Other part, for the final end and Determination of all Suits and Controversies which then were, or thereafter might happen or be between the said Defendants, or any or either of them, their Heirs or assigns, Lords of the said Mannor, and the said Complainants, concerning Fines and Heriots, and divers other customs within the said Mannor; And to prevent all Suits and Controversies which might thereafter happen between the said Defendants, their Heirs and assigns, Lords of the said Mannor, and the said Complainants, and their Heirs and assigns, Copyhold-Tenants of the said Mannor: And for the declaring and establishing the customs of the said Mannor, touching several Particulars in the said Writing Indented expressed. It was mutually covenanted, concluded, declared and agreed between the said Parties, in manner and form following; That is to say, And first, It was declared and agreed by and between the said Parties, That all Fines upon Admittances to all and every the Copyhold-Messuages, Half-messuages, Cottages, Lands, Tenements and Hereditaments held of the said Mannor by the said Complainants, Parties to the said Writing Indented, or any of them, their Heirs and assigns by Copy of Court-roll, are and ought to be henceforth CERTAIN, and not ARBITRARY, at the will of the Lord: And that the said Defendants, their Heirs and assigns, and all and every other Lord and Lords of the said Mannor, ought to have and take Fines and Heriots upon the Death of every Tenant dying seized of any messages, Halfe-messuages, Cottages, Lands, Tenements and Hereditaments, and upon Admittances thereunto, as hereafter followeth, and not other or greater; That is to say, Upon the Death of every Tenant dying seized of One Customary-messuage in his own occupation, the said Defendants their Heirs and assigns, Lord or Lords of the said Mannor, shall and may take for a Heriot the second best Cloven-footed Beast, from the ox to the Sheep, which the said Tenant shall be possessed of in his own right, as of his own proper Goods, at the time of his Decease within the said Mannor; or if he have no such Beast, then the sum of Two shillings in money, for and in lieu of an Heriot: And for every other messsage whereof such Tenant shall die seized in his occupation, or otherwise, the like sum of Two shillings in money only, and no more; one Heriot in kind only and no more, being to be paid upon the death of one Tenant; and that, in case such Tenant have a messsage in his own occupation at the time of his death, and not otherwise. And upon the death of every Tenant dying seized of one or more Half-messuage, the s●mme of Twelve pence a piece for every half-messuage. And upon the death of every Tenant, dying seized of one or more Customary-Cottag●s, Six pence a piece for every Cottage, for and in lieu of an Heriot. And upon the Admittance of every Tenant to one or more of the said Copyhold-messuages, for a Fine for every messsage Two shillings a piece; And for a Heriot, the sum of Two shillings a piece. And upon the Admittance of every Tenant to one or more Halfe-messuages, Twelve pence a piece for a Fine, and the like sum of Twelve pence a piece for a Heriot for every Half-messuage. And upon the Admittance of every Tenant to one or more Copyhold-Cottages, the sum of Six pence a piece for a Fine, and Six pence a piece for an Heriot for every of the said Cottages. And for a Fine upon an Admittance to every Acre of Land, of what nature or quality soever it be, four pence and no more, and so after that rate for every lesser or greater quantity of Land: And that all Acres of Land, of what nature or kind soever, in case any difference arise concerning the content or quantity of the same, should from thenceforth be accounted according to the usual estimation thereof: And Orchards and Gardens, Woods and Plantations, to pay after the rate of Land, according to the quantity thereof, and not any other or greater Fine. Item, It was declared and agreed, That every Husband whose Wife is, or at any time during the Coverture between them, shall be in the Actual possession of any Customary-messuages, Half-messuages, Cottages, Lands, Tenements and Hereditaments, and shall have any Estate of Inheritance therein, and shall die seized thereof, they having, or having had, Issue born alive between them; In case he survive his said Wife, he ought to hold the said messages, half-messuages, Cottages, Lands, Tenements and hereditaments whereof Shee shall so die seized during his life, as Tenant by the courtesy, according to the Course of the Common-law of England. And it was likewise declared and agreed, by and between the said Parties, That the Wife of every Copyholder, who was, or shall be at any time, during the Coverture between them, seized of any messages, Half-messuages, Cottages, Lands, Tenements and Hereditaments of such Estate therein, whereof the Issue between him and his Wife might by possibility inherit; In case She survived her Husband, She ought to be endowed for term of her life, of the said messages, Half-messuages, Cottages, Lands, Tenements and Hereditaments, whereof her Husband was so seized, in manner following; That is to say, Of Eighteen pence a year, payable Half-yearly, at Michaelmas and Lady-day, for every Acre of Land, of what nature, quality, or kind soever, in lieu of her Thirds: For Non-payment whereof, She in and by the custom of the said Mannor, may Distrain as for a Rent-charge at Common-law: And of such part of messages, Half-messuages, and Cottages as shall be appointed to her by the Homage. And it was further Declared and Agreed, by and between the said Parties, to the said Writing Indented, That the Youngest Son of every Copyholder, dying seized of any Customary-Messuages, Half-messuages, Cottages, Lands, Tenements and Hereditaments, ought to Inherit the same: And so the Youngest Son of the Youngest Son, and the Youngest Brother, and other Youngest of the Male-line, after the nature of the Descent of Borough-English Land. But if there be but One Son, then that Son shall Inherit; And if there be Daughters, and no Son, then the Daughters shall Inherit as Co-heirs; And if but One Daughter, she shall Inherit. And it was likewise Declared, That when a Copyholder dyed seized of a Copyhold of Inheritance, his Heir being within the Age of Fourteen years, the Guardianship of such Heir should be committed by the Lord or his Steward, to the next of Kin to the Heir that cannot Inherit, as in case of tenor in Soccage of Lands at Common-Law: And that such Heir was to be, and should be admitted Tenant by his Guardian: For which Admission One Fine was to be paid, but no Fine payable for Admitting the Guardian: And that Heir at his Age of One and twenty years was to do Fealty, which in the mean time was to be respited: And that such Guardian was to give Security, to be taken by the Steward in the name of the Lord, That he should account to the Steward, when he should be required, and Answer the Profits of the Heirs Estate to the Heirs use: And that such Heir ought to be, and should be at liberty, at his Age of Fourteen years and upwards, to choose another Guardian, who should likewise give Security, as aforesaid; And if a Guardian dyed or become Insolvent before the Heir should attain the age of Fourteen years, the Steward should commit the Guardianship of such Heir to the then next of kin, as aforesaid, or to some Tenant, in case of Insufficiency in the Kindred; And should take Security in manner as before is set down. And morever, it was agreed and so declared by and between the said Parties, to the said Writing Indented; That by the custom of the said Mannor, the Tenants of Inheritance might suffer their respective messages, Halfe-messuages, and Cottages, or any of them, or any part of them, or any of them, to fall down, or might take them down or remove them, or cause them to be taken down, or otherwise dispose of them, or any part of them as they should think fit; And should and might also dispose of their Woods, Orchards, Gardens and Timber-trees, growing and being, or to be upon their Customary-Lands, to what use they pleased, without peril or penalty; and without forfeiture of their or any of their Copyhold Estate or Estates, or any part thereof. And it was declared and agreed, that in case any Copyholder or Copyholders, which was, were, or at any time thereafter should be seized of any Customary-messuages, Half-messuages, Cottages, Lands, Tenements or hereditaments, held of the Lord of the said Mannor, for and during the term of his, her, or their life or lives onely, or for any Estate determinable upon the Death of any person or persons whatsoever, should commit or permit any waste to be done or suffered, in or upon the Customary-Messuages, Cottages, Lands, Tenements and Hereditaments, or any part or parcel of them, so held or to be held by such Copyholder or Copyholders for life, as aforesaid, by not sufficiently repairing the same, or otherwise: The Homage at the Lords Courts from time to time to be holden for the said Mannor, ought to present every such Copyholder so committing or permitting Wast to be done by neglect of Repair, or otherwise, as is aforesaid; And Impose an Amercement upon every such Copyholder, to enforce him, her, or them, thereby to amend and repair such Wasts by him, her, or them, permitted or committed, in and upon the messages, Lands, Tenements, and Hereditaments by him, her, or them held or to be held, as is aforesaid. And Lastly; It was mutually covenanted, concluded and Agreed by and between the said Parties to the said Writing Indented; And the said Defendants, by the said Articles declared, That they were well pleased, That if the said Complainants, or their council learned should think fit, and advice, that an ACT OF PARLIAMENT, or a DECREE in this Court, or both of them, should be necessary to be had, for the Confirmation of the said ARTICLES OF AGREEMENT, contained in the said Writing Indented; They the said Defendants, their Heirs and assigns, Lords of the said Mannor, should and would at all times then after, Consent unto such ACT OF PARLIAMENT or DECREE IN CHANCERY, or both of them, to be prosecuted at the Charges of the said Complainants, their Heirs, Executors or assigns, for the Confirmation of the said Articles of Agreement, as by the same did appear. All which said Articles and Agreem●nts ought to be observed, ratified, & confirmed by the said Defendants, according to the intent and true meaning of the said Writing Indented. But the Defendants, in tending to break and infringe the customs of the said Mannor, and to commence new Suits and Troubles against the said Complainants, refused to consent, that the Decree of this Court for the greater Confirmation of the said Agreement and Customs therein specified, should be had and passed, notwithstanding the several Requests of the said Complainants, to them made in that behalf, contrary to the tenor and effect of the Agreement before rehearsed. To the end therefore, that the said Complainants might be relieved in the premises, and might quietly and without molestation; enjoy their just and Rightful customs and privileges, according to the custom of the said Mannor, and the Contents of the Agreement before rehearsed: And that the said Agreement, in all the particulars thereof, might be ratified and confirmed, by the Decree of this Court. The said Complainants prayed the aid and assistance of this honourable Court, and that a Letter might be directed to the said earl, and Process of Sub-poena might be awarded and directed to the said other Defendants, to appear and Answer the premises: Which being granted, and the said Defendants therewithal served; They appeared accordingly, and answered: And confessed, that they, or some, or one of them, were, or was, and that at the time mentioned in the said Bill of Complaint, were or was seized of the said Mannor of Istleworth-Syon, in their, some or one of their demesnes, as of Fee: And that the said Sir Thomas Ingram Sir Thomas not Sir John Syddenham,,, and others, the said Complainants were, or were entitled to be Copyhold Tenants of the said Mannor, as in and by the said Bill of Complaint was alleged; and did confess the Sealing and delivery of the said Indented Writing, according to the tenor of the Complainants said Bill, and the Rehearsal therein contained; And denied, that they devised to break or any way infringe the good and ancient custom of the said Mannor, or to commence any Suits against the said Complainants, or any of them; or any ways directly or indirectly, to trouble or molest the said Complainants, in the enjoyment of their just and Rightful Estates, Customs or privileges, contrary to the true intent and meaning of the Agreement set forth and mentioned in the said Writing Indented; but had always been, and were ready and willing, and did by their said Answer Declare their consent and Agreement, That all and every the said customs and privileges in the said Indenture specified and agreed, should be Ratified and Confirmed by the DECREE of this honourable Court, if it might stand with the pleasure of this Court, and concluded with the general Traverse, As by the said Bill and Answer remaining on record in this honourable Court, more fully and at large the same doth and may appear. It is thereupon this present day, that is to say, on Saturday the Eight and Twentieth day of June, in the year of our Lord, One thousand six hundreed fifty six. By the right honourable the Lords Commissioners of the Great Seal of England, and by the Authority of the said High Court of CHANCERY, and by and with the Consent of the said Parties, Plaintiffs and Defendants, and their council and Attorneys on both sides, in this Court, Ordered, Adjudged, and Decreed, That all and every the Agreements in the said Indenture contained and in the said Bill set forth to be made between the said Complainants and Defendants, touching the Fines, Heriots, and other customs of the said Mannor of Istleworth-Syon, be ratified and confirmed by this present Decree, to be forever hereafter inviolably observed, performed, and kept aswell on the part and behalf of the Defendants their Heirs and Assigns Lords of the said Mannor, as on the part and behalf of the Complainants their Heirs and Assigns, of their respective Copyhold messages, Lands and Tenements, held of the said Mannor. Now at the request of the said Complainants, we have caused the Tenor of the said Decree by these presents to be Exemplified. In witness whereof, we have caused these Our Letters to be made Patents. Witness ourself, at Westminster, the Tenth day of July, in the year of our Lord, One thousand Six hundred fifty Six. Lenthall. Heath. Examined by us Nat. Hobart and Edm. Gyles Clerks. MEmorandum, It is agreed by the Tenants, That the Articles of Agreement before repeated, and the Copies of the Bill and Answer, and the Decree aforesaid under the Great Seal of England; and one printed Book entitled Istleworth-Syons Peace, shall remain and be kept in the Vestrey-house or Rome belonging to the Church of Istleworth, in a Chest with Three Locks and Keys: One of the which Keys to be from time to time kept by the Church-wardens of the Parish of Istleworth, for the time being: Another of the said Keys to be kept by the Church-wardens of the Parish of Twickenham for the time being; And the other Key to be kept by the Church-wardens of the Parish of Heston for the time being; In Trust, to and for the onely use of the Copyhold-Tenants of the said Mannor of Istleworth-Syon, their Heirs and assigns. And the Homage for the Court-Baron to be held at Michaelmas yearly, are to take care, that the said Writings and Book remain safe in the Chest: And that the said Three several Keys be delivered over to the respective Church-wardens, as aforesaid. The Contents of the Articles. 1. HEriots upon the Death of a Tenant, pag. 9. 2. Fines and Heriots upon Admittances, p. 10. 3. That to be accounted an Acre, which is so in Estimation, Ibid. 4. Orchards and Nurseries to pay according to the Quantity of Land, Ibid. 5. The Husband to enjoy the Wifes Estate as by courtesy at Common Law, p. 11. 6. Thirds belonging to the overlay of a Copyholder, p. 12. 7. The youngest Son of a Copyholder shall inherit, Ibid. 8. Daughters shall be Coheirs were the deceased Tenant hath no Son, Ibid. 9. An Heir within Fourteen years of Age shall be admitted by a Guardian, who shall be the next of kin, that cannot inherit, p. 13. 10. One Fine for Heir and Guardian, Ibid. 11. The Heir to do Fealty at the Age of 21. Ibid. 12. The Guardian to give Security to Account and render Profits, Ib. 13. An Heir may choose a Guardian at 14 years of Age, and that Guardian shall give Security, &c. Ibid. 14. Another Guardian to be appointed, if any die or become Insolvent, before the Heir attain the Age of 14 years, p. 13, 14. 15. Tenants of Inheritance may take down or remove their Houses, and dispose of their Timber, &c. without pain or forfeiture, p. 14. 16. Tenants for Life may not commit Waste, p. 14, 15.