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 Nott 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 Nott, Sir John Syddenham, and others, the said Copy-hold Tenants, are Plaintiffs; and the said EARLE, 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 Earle 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 Nott Knight,
  • Sir John Syddenham Baro­net
  • Dame Martha Williamson Widow
  • Edmond Williamson Esq;
  • John Morris Esquire
  • Richard Downton Esquire
  • Thomas Lawley Esquire
  • John Browne 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
  • Charls Pitcarne Esquire
  • [Page 2]Leonard Hammon Esquire
  • David Bonnell Esquire
  • Gilbert Barrell Esquire
  • Edward Prescot Esquire
  • Thomas Overman Gent.
  • Thomas Dowdeswell Gent.
  • Frances Cooke 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 Dawe Gentleman
  • Richard Webb Gentleman
  • Thomas Poulton Gent.
  • Rowland Aldrich Gent.
  • John Symcocks Gentleman
  • John Charles Gentleman
  • Savage Barrell Gent.
  • Thomas Gee Gentleman
  • Thomas Gould Gentleman
  • John Kinsman Gentleman
  • John Peirson Gentleman
  • Simon Neale Gentleman
  • John Edlyn Gentleman, and Ann his Wife
  • Isaac Woodgreene Gent.
  • Thomas Barwell Gent.
  • Ephraim Dawson Gent.
  • Christopher Bannister Gent.
  • Hugh Peirce Gentleman
  • William Parris Gentleman
  • Richard Betts Gentleman
  • Thomas Crofton Gentleman
  • John Neale Gentleman
  • Edward Lightmaker Gent.
  • Ralph Warwick Gent.
  • Richard Aunsham Gent.
  • Francis Wyat Gentleman
  • George Pyke Gentleman.
  • [...] Weild Gentleman
  • John Andrewes
  • Richard Andrewes
  • Edward Adams
  • Simon Adams
  • [...] Abraham Widow
  • William Cole of Lampton
  • Henry Cole
  • John Peters
  • Gideon Whitehead
  • Robert Bartlett the Elder
  • Robert Bartlett the Youn­ger
  • George Bartlett
  • [Page 3]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 Bethell,
  • Thomas Becket,
  • William Becket,
  • Ann Beale Widow,
  • Ralph Blower,
  • Robert Blanke,
  • Robert Beale,
  • Henry Beck,
  • John Bell,
  • Joan Brooker Widow,
  • Elizabeth Box,
  • Hugh Bishop,
  • John Bannister,
  • Thomas Cole,
  • John Cole of Twicken­ham,
  • William Cole of Twicken­ham,
  • John Cole of Bow,
  • Edward Constable,
  • Ruffine Clark,
  • William Collins,
  • William Carpenter,
  • Richard Clark the Youn­ger,
  • Henry Coomes,
  • Jane Child Widow,
  • William Constable,
  • Martha Cooper Widow,
  • Thomas Cooke,
  • Katharine Clark Widow,
  • Thomas Dowse,
  • Ezekias Davis,
  • William Bryan,
  • Hugh Godby,
  • Arthur Pitcher,
  • Henry Eborn of Twicken­ham,
  • William Eborn,
  • Henry Eborn of Houns­low,
  • [Page 4]Peter English, and Sarah his VVife,
  • Edward Fisher,
  • Robert Fish, and his VVife,
  • Jane Fell,
  • Ann Franklyn,
  • John Farrington,
  • John Fuller,
  • John Finch,
  • Isabel Fennell,
  • Henry Fuller,
  • Abraham Gardiner,
  • Joan Geale Widow,
  • Collins Groome,
  • 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 VVife,
  • John Holman,
  • William Smith Gentleman,
  • Matthew Huddle,
  • Peter Hayward, and Jane his VVife,
  • William Hart,
  • Susanna Hart,
  • Thomas Hayley,
  • John Herritage,
  • George Hunt,
  • Robert Hickman,
  • Dorothy Houlding,
  • Thomas Jones his Heirs,
  • Daniel Johnson Gentlem.
  • Elizabeth Jenks,
  • [Page 5]Robert Knight,
  • Ann Kirrill Widow,
  • Margaret Isaacson Widow,
  • Nicholas Lancaster,
  • Richard Lewis, and Ellen his Wife,
  • Richard Larchin,
  • Anthony Locksmith,
  • Agnes Lyons,
  • Henry Lyons,
  • 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 Nicholls,
  • Richard Clark the Elder,
  • Randal Nunns Gentleman,
  • John Owen,
  • Ann Oliver,
  • Robert Osborne,
  • Thomas Osborne,
  • William Ossever,
  • Elizabeth Reve alias Barker
  • Robert Parslowe,
  • Thomas Prymmer,
  • John Powel,
  • John Pope,
  • Nicholas Pope,
  • Alice Peirce,
  • Robert Parsons,
  • James Prigg,
  • Thomas Pasmoore,
  • Simon Parkins,
  • William Piggot,
  • Ann Parr VVidow,
  • Henry Pavet,
  • Philipp Packer VVidow,
  • Thomas Penn,
  • Katharine Price VVidow,
  • Honor Prescot,
  • Robert Pasmoore and Rose his VVife,
  • VVilliam Russell,
  • [Page 6]Thomas Read,
  • Robert Randoll,
  • Iohn Randoll,
  • Richard Reynor,
  • Iohn Reely,
  • Ann Hargall VVidow,
  • Ann Holman VVidow,
  • Edward Reve,
  • Ioan Robinson VVidow,
  • Nicholas Rawles,
  • Iohn Rodyn,
  • Iames Lynnet,
  • William Laurance,
  • Hester Standon VVidow,
  • Iames Shorter,
  • Thomas Shorter,
  • Mark Sharpe,
  • Iohn Salter,
  • Iohn Ieffs,
  • Iohn Suddy,
  • Iane Suddy,
  • Ann Suddy,
  • [...] Springall VVidow,
  • William Stocker,
  • Iohn Stevens,
  • Rebecca Stevens,
  • Tho. Savage of Hampton,
  • Thomas Savage of Twic­kenham,
  • Thomas Symnell Gent.
  • Henry Saunders,
  • Phillip Snow,
  • Richard Steere,
  • Bennet Sheward VVidow,
  • Iohn Samuel,
  • VVilliam Steward,
  • VVilliam Smith, the youn­ger,
  • Edward Salter,
  • Iohn Taylor,
  • Robert Tyler,
  • Timothy Taylor,
  • Ieremy Taylor,
  • Sybill Taylor,
  • Nicholas Beale,
  • Iohn Willis,
  • Thomas VVillis,
  • George VVoods,
  • Iohn VVheeler,
  • Thomas VValcot,
  • Iohn VVest,
  • Robert VVhite,
  • George VVhite,
  • Iohn VVhite,
  • [Page 7]Francis VVhite,
  • Hugh VVhite,
  • Rebecca VVeare,
  • Arthur Butler,
  • Edmund VVitherhead,
  • VVilliam VVhite,
  • Marlyon VVhite,
  • Margaret VVilliams,
  • Ieoffery VValler,
  • Thomas Webb,
  • Henry Walton's heirs
  • Thomas ƲƲooddyn,
  • Francis Farwell,
  • 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 Honorable Algernoone Earle of Nor­thumberland, Lord of the said Mannor of Istle­worth-Syon, and his Lordships Coppy-hold 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 Earle, Peter Dodsworth, Hugh Potter and Robert Scawen, their Heirs or Assignes; and the said Sir Thomas Ingram, Sir Tho. Nott, Sir John Syddenham, and others, the Copy-hold-Tenants before particularly named, and [Page 8] Parties to these presents, and their Heirs or Assignes, 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 Messuages, Halfe-messuages, Cottages, Lands, Tenements and hereditaments held of the said Mannor, by the said Sir Thomas Ingram, Sir Thomas Nott, Sir John Syddenham, and others, the Customary-Tenants afore particularly na­med, and Parties to these presents, or any of them, their Heirs and Assignes, by Copy of Court-Roll, are, and ought to be henceforth CERTAIN, and not ARBITRARY at the VVill of the Lord. And that the said Earl, Peter Dodsworth, Hugh Potter and Robert Scawen, their Heirs and Assignes, 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 seised of any Messuages, Half-mes­suages, [Page 9] 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 seised of One Customary Messuage in his owne occupation, the said Earl, Peter Dodsworth, Hugh Potter and Robert Scawen, their Heirs and Assignes, Lord of Lords of the said Mannor, Shall and may take for an Heriot, the Second best Cloven-footed-Beast, from the Oxe to the Sheep, which the said Tenant shall be possessed of, in his owne Right, as of his owne proper Goods, at the time of his Decease, within the said Mannor: Or, if he have no such Beast, then the Summe of Two shillings in money, for and in lieu of an Heriot. And for every other Messuage whereof such Tenant shall die seised in his occupation, or otherwise, the like Summe 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 Messuage in his owne occupation, at the time of his death, and not otherwise. And upon the death of every Tenant dying seised of One or more Half-messuage, the summe of Twelve pence a piece for every Half-messuage. And upon [Page 10] the Death of every Tenant, dying seised 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 messuage, Two shillings a piece; and for a Heriot, the like summe 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 summe 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, Foure 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 usuall esti­mation thereof: And Orchards, and Gardens, VVoods, Nurseries and Plantations, to pay after the rate of Land, according to the Quan­tity [Page 11] 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 messuages, Half messuages, Cottages, Lands, Tenements and Hereditaments, and shall have any Estate of Inheritance therein, and shall die seised thereof, they having, or having had Issue (born alive) between them, In case he survive his said Wife, he ought to hold the said Messuages, Halfe-messuages, Cottages, Lands, Tenements, and Hereditaments whereof She shall so die seised, during his life, as Tenant by the Cour­tesie, 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, seised of any Messuages 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) [Page 12] of the said Messuages, Half-messuages, Cotta­ges, Lands, Tenements, and Hereditaments, whereof her Husband was so seised, 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 Custome of the Mannor) distrain as for a Rent-Charge at Common Law, and of such part of Messuages, 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 seised 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 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.
  • [Page 13]Item, It is likewise Declared and Agreed, That when a Copy-holder dieth seised of a Copy-hold of Inheritance, his Heirs being wi [...]hin 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 Tenure in Soccage of Lands at Common-Law: And that such Heir is to be, and shall be ad­mitted Tennant 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 Vse. 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 [Page 14] 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 Custome of the said Mannor, the Tenants of Inheritance may suffer their respec­tive Messuages, 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 seised of any Customary Messuages, Half-messua­ges, Cottages, Lands, Tenements, or Heredita­ments, held of the Lord of the said Mannor, [Page 15] 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 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 Copy-holder, so committing or permitting VVaste 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 VVasts by him, her, or them permitted or committed in and upon the Messuages, 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 Earle, Peter Dodsworth, Hugh Potter, and Robert Scawen, Doe [Page 16] hereby Declare, That they are well pleased, That if the said Sir Thomas Ingram, Sir Thomas Nott, Sir John Syddenham, and Others, the Customary Tenants afore particularly named, and Parties to these presents, or their Councel lear­ned, shall think fit, and advise; 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 Earle, Peter Dodsworth, Hugh Potter and Robert Scawen, their Heirs and Assignes, 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 Nott, Sir John Syddenham and Others; the Customary Tenants afore particularly named, and Parties to these presents, their Heirs, Executors or As­signes; for the Confirmation of these presents.
[Page 17] Subscribed on the Labels:
  • Northumberland.
  • Peter Dodsworth.
  • Hugh Potter.
  • Robert Scawen.
The Witnesses Names to the Sealing and Delivering of the Articles, as they are thereupon Indorsed. Sealed and Delivered by the within-named EARLE, 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.
[Page 18]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 Inrollment.

Inrolled in CHANCERY the Five and Twentieth Day of June, in the Year within written.

By Humphry Jaggard.
Northumberland Comes And Ingram Knight, and others. Examined.

The BILL.

Thirteenth of June, 1656. Pindar.To the Right Honorable, the Lords Commissioners for the Custody of the Great Seal of England.
Examined by Heath.

HVmbly Complaining, Shew unto your Honors your Orators

  • Sir Thomas Ingram Knight,
  • Sir Thomas Nott Knight,
  • Sir Iohn Syddenham Baro­net,
  • Dame Martha Williamson Widow,
  • Edmond Williamson Esq;
  • Iohn Morris Esquire,
  • Richard Downton Esquire,
  • Thomas Lawley Esquire,
  • Iohn Browne Esquire,
  • Edward Berkhead Esquire,
  • [Page 20]Henry Mildmay Esq; and Iane his VVife,
  • Margaret Aunsham Spinster
  • Michael Holman Esquire,
  • Peter Dodsworth Esquire,
  • William Chilcot Esquire,
  • Iohn Needler Esquire,
  • Henry Poulton Esquire,
  • Ellis Crisp Esquire,
  • Charles Pitcarne Esquire,
  • Leonard Hammon Esquire,
  • David Bonnel Esquire,
  • Gilbert Barrell Esquire,
  • Edward Prescot Esquire,
  • Thomas Overman Gent.
  • Thomas Dowdeswell Gent.
  • Frances Cooke VVidow,
  • Iohn Cardell Clerk,
  • Iohn Tourney Gentleman,
  • Richard Holman Gent.
  • Richard Shelbury Gent.
  • Nicholas Aunsham Gent.
  • Richard Ell Gentleman,
  • Roger Reve Gentleman,
  • Iohn Richards Gentleman,
  • VVilliam Dawe Gent.
  • Richard ƲƲebb Gent.
  • Thomas Poulton Gent.
  • Rowland Aldrich Gent.
  • Iohn Symcocks Gentleman
  • John Charles Gentleman,
  • Savage Barrell Gentleman
  • Thomas Gee Gentleman,
  • Thomas Gould Gentleman
  • Iohn Kinsman Gentleman,
  • Iohn Peirson Gentleman,
  • Simon Neale Gentleman,
  • Iohn Edlyn Gentleman, and Ann his VVife,
  • Isaac ƲƲoodgreene Gent.
  • Thomas Barwell Gent.
  • Ephraim Dawson Gent.
  • Christopher Bannister Gent.
  • Hugh Peirce Gentleman,
  • ƲƲilliam Parris Gent.
  • Richard Betts Gentleman,
  • Thomas Crofton Gent.
  • Iohn Neale Gentleman,
  • Edward Lightmaker Gent.
  • Ralph ƲƲarwick Gent.
  • Richard Aunsham Gent.
  • Francis ƲƲyat Gent.
  • George Pyke Gentleman,
  • [...] ƲƲeild Gent.
  • [Page 21]Iohn Andrewes,
  • Richard Andrewes,
  • Edward Adams,
  • Simon Adams,
  • [...] Abraham VVidow,
  • William Cole of Lampton,
  • Henry Cole,
  • Iohn Peters,
  • Gideon ƲƲhitehead,
  • Robert Batlett the Elder,
  • Robert Bartlet the youn­ger,
  • George Bartlett,
  • Richard Balls,
  • ƲƲilliam 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 Bethell,
  • Thomas Becket,
  • William Becket,
  • Ann Beale Widow,
  • Ralph Blower,
  • Robert Blanke,
  • Robert Beale,
  • Henry Beck,
  • John Bell,
  • Joan Brooker Widow,
  • Elizabeth Box,
  • Hugh Bishop,
  • John Bannister,
  • Thomas Cole,
  • John Cole of Twicken­ham,
  • William Cole of Twicken­ham,
  • John Cole of Bow,
  • Edward Constable,
  • Ruffine Clark,
  • William Collins,
  • William Carpenter,
  • Richard Clark the Youn­ger,
  • Henry Coomes,
  • Jane Child Widow,
  • William Constable,
  • [Page 22]Martha Cooper Widow,
  • Thomas Cooke,
  • Katherine Clark VVidow,
  • 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 VVife,
  • Edward Fisher,
  • Robert Fish, and his VVife,
  • Jane Fell,
  • Ann Franklyn,
  • John Farrington,
  • John Fuller,
  • John Finch,
  • Isabel Fennell,
  • Henry Fuller,
  • Abraham Gardiner,
  • Joan Geale Widow,
  • Collins Groome,
  • 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 VVife,
  • John Holman,
  • William Smith Gentleman,
  • [Page 23]Matthew Huddle,
  • Peter Hayward, and Jane his VVife,
  • William Hart,
  • Susan Hart,
  • Thomas Hayley,
  • John Herritage,
  • George Hunt,
  • Robert Hickman,
  • Dorothy Houlding,
  • Thomas Jones his Heirs,
  • Daniel Johnson Gentlem.
  • Elizabeth Jenks,
  • Robert Knight,
  • Ann Kirrill Widow,
  • Margaret Isaacson Widow,
  • Nicholas Lancaster,
  • Richard Lewis, and Ellen his Wife,
  • Richard Larchin,
  • Anthony Locksmith,
  • Agnes Lyons,
  • Henry Lyons,
  • 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 Nicholls,
  • Richard Clark the Elder,
  • Randal Nunns Gentleman,
  • John Owen,
  • Ann Oliver,
  • Robert Osborne,
  • Thomas Osborne,
  • William Ossever,
  • Elizabeth Reve alias Barker
  • Robert Parslowe,
  • Thomas Prymmer,
  • John Powel,
  • John Pope,
  • Nicholas Pope,
  • Alice Peirce,
  • Robert Parsons,
  • [Page 24]James Prigg,
  • Thomas Pasmoore,
  • Simon Parkins,
  • William Piggot,
  • Ann Parr VVidow,
  • Henry Pavet,
  • Philipp Packer VVidow,
  • Thomas Penn,
  • Katharine Price VVidow,
  • Honor Prescot,
  • Robert Pasmoore and Rose his VVife,
  • VVilliam Russell,
  • Thomas Read,
  • Robert Randoll,
  • Iohn Randoll,
  • Richard Reynor,
  • Iohn Reely,
  • Ann Hargall VVidow,
  • Ann Holman VVidow,
  • Edward Reve,
  • Ioan Robinson VVidow,
  • Nicholas Rawles,
  • Iohn Rodyn,
  • Iames Lynnet,
  • William Lawrence,
  • Hester Standon VVidow,
  • Iames Shorter,
  • Thomas Shorter,
  • Mark Sharpe,
  • Iohn Salter,
  • Iohn Ieffs,
  • Iohn Suddy,
  • Iane Suddy,
  • Ann Suddy,
  • [...] Springall VVidow,
  • William Stocker,
  • Iohn Stevens,
  • Rebecca Stevens,
  • Tho. Savage of Hampton,
  • Thomas Savage of Twic­kenham,
  • Thomas Symnell Gent.
  • Henry Saunders,
  • Phillip Snow,
  • Richard Steere,
  • Bennet Sheward VVidow,
  • Iohn Samuel,
  • VVilliam Steward,
  • VVilliam Smith, the youn­ger,
  • Edward Salter,
  • Iohn Taylor,
  • Robert Tyler,
  • [Page 25]Timothy Taylor,
  • Ieremy Taylor,
  • Sybill Taylor,
  • Nicholas Beale,
  • Ioh [...] Willis,
  • Thom [...]s VVillis,
  • George VVoods,
  • Iohn VVheeler,
  • Thomas VValcot,
  • Iohn VVest,
  • Robert VVhite,
  • George VVhite,
  • Iohn VVhite,
  • Francis VVhite,
  • Hugh VVhite,
  • Rebecca VVeare,
  • Arthur Butler,
  • Edmund VVitherhead,
  • VVilliam VVhite,
  • Marlyon VVhite,
  • Margaret VVilliams,
  • Ieoffery VValler,
  • Thomas Webb,
  • Henry Walton's heirs,
  • Thomas ƲƲoodyn,
  • Francis Farwell,
  • 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 Honorable Algernoone Earle of Northumberland, Peter Dodsworth, Hugh Potter, and Robert Scawen Esquires, Servants unto the said Earle, 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 seised in their, or some, or one of their Demeasnes, as of Fee of and in the said [Page 26] Mannor of Istleworth-Syon, in the said County of Middlesex; Together with all Fines, rents, Customes, Services; and all other the rights, Members, Priviledges, Iurisdictions and Appurtenances thereunto belonging.

And whereas your said Orators are, and then were, or were and are entituled to be Customary and Copyhold-Tenants of Inheritance of the said Mannor.

And whereas by a certain VVriting Inden­ted, bearing date the same day and year, made between the said Earle 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 Assignes, Lords of the said Mannor, and your said Orators, concerning Fines and Heriors, and divers other Customes within the said M [...]nno [...]r And to prevent all Suits and Controversies which might hereafter happen between the said Earle, Peter Dodsworth, Hugh Potter and Robert Scawen, their Heirs and Assignes, Lords of the said Mannor, and your said Orators, and their Heirs [Page 27] and Assignes, Copyhold-Tenants of the said Mannor; And for the declaring and establishing the Customes 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 Messuages, 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 Assignes, 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 Earle, Peter Dodsworth, Hugh Potter, and Robert Scawen, their Heirs and As­signes, 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 Ten­nant, dying seised of any Messuages, Half-messuages, Cottages, Lands, Tenements and Hereditaments, and upon Admittances [Page 28] thereunto, as hereafter followeth, and not other or greater; That is to say, upon the Death of every Tenant, dying seised of One Customary Messuage in his owne occupation, the said Earle, Peter Dodsworth, Hugh Potter, and Robert Scawen, their Heirs and Assignes, Lord or Lords of the said Mannor, Shall and may take for an Heriot the second best Cloven-footed Beast, from the Oxe to the Sheep, which the said Tenant sha [...]l be possessed of in his owne right, as of his owne proper Goods, at the time of his decease, within the said Mannor; or if he have no such Beast, then the summe of Two shillings in money, for and in lieu of an Heriot; And for every other Messuage whereof such Tenant shall die seised in his occupation, or otherwise, the like summe 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 Messuage in his owne occupation at the time of his death, and not otherwise: And upon the death of every Tenant dying seised of one or more Half-messuage, the summe of Twelve pence a piece for every Half-messuage. And upon the death of every Tenant dying seised of one or more Customary Cottages, Six pence [Page 29] 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 Messuage, Two shillings a piece, and for an Heriot the like summe 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 summe 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 summe 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, Foure 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 kinde 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, VVoods, 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 VVife 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 seised thereof, they having or having had Issue born alive between them, In case he survive his said Wife he ought to hold the said messuages, Half-messuages, Cottages, Lands, Tene­ments and Hereditaments, whereof She shall so die seised, during his Life, as Tenant by the Courtesie, 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, seised of any Messuages, 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 Messuages, Half-messuages, Cottages, Lands, Tenements and Heredita­ments [Page 31] whereof her Husband was so seised, 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 Custome of the Mannor Distrain as for a Rent-charge at Common-law: And of such part of Messuages, 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 seised 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 whe a Copyholder dyeth seised of a Copyhold of Inhe­ritance, [Page 32] 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 tenure in Soccage of Lands at Common-Law: And that such Heir is to be, and shall be admitted Tenant by his Guardian: for wch 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 accompt 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 Custome of the said Mannor the Tenants of Inheritance may suf­fer their respective Messuages, 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 seised 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 of any Estate determinable upon the Death of any person or persons whatsoever, shall commit or permit any waste to be done or [Page 34] 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 VVaste 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 VVasts by him, her, or them, permit­ted or committed, in and upon the Messuages, 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 Councel learned shall think fit and advise, 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 [Page 35] OF AGREEMENT contained in the said writing Indented; he the said Earle, Peter Dodsworth, Hugh Potter, and Robert Scawen, their Heirs and Assignes, 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 Assignes, for the Confir­mation of the said Articles of Agreement, as by the said Writing Indented under the hands and seals of the said Earle, Peter Dodsworth, Hugh Potter and Robert Scawen, ready to be produced and shewn forth in this Honorable Court, doth and may appear. And all which said Articles and Agreements ought to observed, ratified and confirmed by the said Earle, 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 Earle, and the said Peter Dodsworth, Hugh Potter and Robert Scawen, intending and devising to infringe and break the Customes 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 [Page 36] Decree of this Honorable 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 Honorable Court, as to Iustice and Equity appertaineth, And that your Orators may quietly and without molestation enjoy their Iust and Rightful Customes and Privi­ledges, according to the Custome 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 Honorable Court.

May it please your Lordships to grant unto your Orators, not onely your Honors Letter to be directed to the said Algernoone Earle of Northum­berland, to make his Apparence here in this Honorable Court at a certain day therein to be limited; then and there to answer the Premis­ses; And further, to stand to and abide such Order and Direction therein, as to your Ho­nors in Iustice shall seem meet: But also one [Page 37] Writ of Sub poena under the Seal of this Hono­rable 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 Honorable Court, then and there to answer the premisses, 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 Iune, 1656. Na. Hobart. Hugh Potter Sworn the 26. of June, 1656. W. Glascocke Pindar. The Answers of the Right Honble Algernoone EARLE of Northum­berland, Peter Dodsworth, Hugh Potter, and Robert Scawen Esqs; Defendants to the Bill of Com­plaint of Sir Thomas Ingram Knight, Sir Thomas Nott 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 Vncertain­ties and Insufficiencies of the said Bill of Complaint; for Answer thereunto, say: That [Page 39] 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 seised of the said Mannor of Istleworth-Syon, in their, some, or one of their Demeasne as of Fee; And that the said Sir Thomas Ingram, Sir Thomas Nott, Sir John Syddenham, and Others the said Complainants are, or are, or were enti­tuled to be Copyhold-Tenants of the said Mannor as in the said Bill of Complaint is alledged. And the said Defendants, do further acknow­ledge, and confesse 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 Customes of the said Mannor, or to Commence any Suits against the Complainants, or any of them, or any wayes directly or indirectly to trouble or molest the said Complainants in the Enjoyment of their just and rightful Estates, Customes, or Priviledges, con­trary to the true intent and meaning of the Agreement set forth and mentioned in the said writing Indented; But have alwayes been, and are ready and willing, and do hereby declare [Page 40] their Consent and Agreement, that all and every the said Customes and Priviledges in the said Indenture specified and agreed, be Ratified and Confirmed by the DECREE of this Hono­rable Court, if it may stand with the pleasure of this Honorable 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 Avoyded, Traversed or Denied, is true to the knowledge of these Defendants: All which these Defendants are ready to aver and prove as this Honorable 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 Honorable the Earle of Northumber­land this 24 day of June, 1656. did attest this Answer upon his Honor: And the said Defen­dant Peter Dodsworth was duely Sworn to the same Answer by virtue of a Commission to Ʋs and Others directed for the same purpose; before Us,

  • Tho. Payne.
  • Orlando Gee.

The DECREE.

OLIƲER 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 Inrolment of a certain Decree made and pro­nounced before Us, in Our Court of Chancery, & there Inrolled 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 Nott Knight,
  • Sir Iohn Syddenham Baro­net,
  • Dame Martha Williamson widow,
  • Edmond Williamson Esq;
  • Iohn Morris Esquire,
  • Richard Downton Esquire,
  • Thomas Lawley Esquire,
  • Iohn Browne Esquire,
  • Edward Berkhead Esquire,
  • [Page 42]Henry Mildmay Esq; and Iane his VVife,
  • Margaret Awnsham Spinster
  • Michael Holman Esquire,
  • Peter Dodsworth Esquire,
  • William Chilcot Esquire,
  • Iohn Needler Esquire,
  • Henry Poulton Esquire,
  • Ellis Crisp Esquire,
  • Charles Pitcarne Esquire,
  • Leonard Hammon Esquire,
  • David Bonnel Esquire,
  • Gilbert Barrell Esquire,
  • Edward Prescot Esquire,
  • Thomas Overman Gent.
  • Thomas Dowdeswell Gent.
  • Frances Cooke VVidow,
  • Iohn Cardell Clerk,
  • Iohn Tourney Gentleman,
  • Richard Holman Gent.
  • Richard Shelbury Gent.
  • Nicholas Awnsham Gent.
  • Richard Ell Gentleman,
  • Roger Reve Gentleman,
  • Iohn Richards Gentleman,
  • VVilliam Dawe Gent.
  • Richard ƲƲebb Gent.
  • Thomas Poulton Gent.
  • Rowland Aldrich Gent.
  • Iohn Symcocks Gentleman
  • John Charles Gentleman,
  • Savage Barrell Gentleman
  • Thomas Gee Gentleman,
  • Thomas Gould Gentleman
  • Iohn Kinsman Gentleman,
  • Iohn Peirson Gentleman,
  • Simon Neale Gentleman,
  • Iohn Edlyn Gentleman, and Ann his VVife,
  • Isaac ƲƲoodgreene Gent.
  • Thomas Barwell Gent.
  • Ephraim Dawson Gent.
  • Christopher Bannister Gent.
  • Hugh Peirce Gentleman,
  • ƲƲilliam Parris Gent.
  • Richard Betts Gentleman
  • Thomas Crofton Gent.
  • Iohn Neale Gentleman,
  • Edward Lightmaker Gent.
  • Ralph ƲƲarwick Gent.
  • Richard Awnsham Gent.
  • Francis ƲƲyat Gent.
  • George Pyke Gentleman,
  • [...] ƲƲeild Gent.
  • [Page 43]Iohn Andrewes,
  • Richard Andrewes,
  • Edward Adams,
  • Simon Adams,
  • [...] Abraham VVidow,
  • William Cole of Lampton,
  • Henry Cole,
  • Iohn Peters,
  • Gideon ƲƲhitehead,
  • Robert Bartlett the Elder,
  • Robert Bartlett the youn­ger,
  • George Bartlett,
  • Richard Balls,
  • ƲƲilliam 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 Bethell,
  • Thomas Becket,
  • William Becket,
  • Ann Beale Widow,
  • Ralph Blower,
  • Robert Blanke,
  • Robert Beale,
  • Henry Beck,
  • John Bell,
  • Joan Brooker Widow,
  • Elizabeth Box,
  • Hugh Bishop,
  • John Bannister,
  • Thomas Cole,
  • John Cole of Twicken­ham,
  • William Cole of Twicken­ham,
  • John Cole of Bow,
  • Edward Constable,
  • Ruffine Clark,
  • William Collins,
  • William Carpenter,
  • Richard Clark the Youn­ger,
  • Henry Coomes,
  • Jane Child Widow,
  • William Constable,
  • [Page 44]Martha Cooper Widow,
  • Thomas Cooke,
  • Katharine Clark VVidow,
  • 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 VVife,
  • Edward Fisher,
  • Robert Fish, and his VVife,
  • Jane Fell,
  • Ann Franklyn,
  • John Farrington,
  • John Fuller,
  • John Finch,
  • Isabel Fennell,
  • Henry Fuller,
  • Abraham Gardiner,
  • Joan Geale Widow,
  • Collins Groome,
  • 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 VVife,
  • John Holman,
  • William Smith Gentleman,
  • [Page 45]Matthew Huddle,
  • Peter Hayward, and Jane his VVife,
  • William Hart,
  • Susan Hart,
  • Thomas Hayley,
  • John Herritage,
  • George Hunt,
  • Robert Hickman,
  • Dorothy Houlding,
  • Thomas Jones his Heirs,
  • Daniel Johnson Gentlem.
  • Elizabeth Jenks,
  • Robert Knight,
  • Ann Kirrill Widow,
  • Margaret Isaacson Widow,
  • Nicholas Lancaster,
  • Richard Lewis, and Ellen his Wife,
  • Richard Larchin,
  • Anthony Locksmith,
  • Agnes Lyons,
  • Henry Lyons,
  • 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 Nicholls,
  • Richard Clark the Elder,
  • Randal Nunns Gentleman,
  • John Owen,
  • Ann 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,
  • [Page 46]James Prigg,
  • Thomas Pasmoore,
  • Simon Parkins,
  • William Piggot,
  • Ann Parr VVidow,
  • Henry Pavet,
  • Philipp Packer VVidow,
  • Thomas Penn,
  • Katharine Price VVidow,
  • Honor Prescot,
  • Robert Pasmoore and Rose his VVife,
  • VVilliam Russell,
  • Thomas Read,
  • Robert Randoll,
  • Iohn Randoll,
  • Richard Reynor,
  • Iohn Reely,
  • Ann Hargall VVidow,
  • Ann Holman VVidow,
  • Edward Reve,
  • Ioan Robinson VVidow,
  • Nicholas Rawles,
  • Iohn Rodyn,
  • Iames Lynnet,
  • William Lawrence,
  • Hester Standon VVidow,
  • Iames Shorter,
  • Thomas Shorter,
  • Mark Sharpe,
  • Iohn Salter,
  • Iohn Ieffs,
  • Iohn Suddy,
  • Iane Suddy,
  • Ann Suddy,
  • [...] Springall VVidow,
  • William Stocker,
  • Iohn Stevens,
  • Rebecca Stevens,
  • Tho. Savage of Hampton,
  • Thomas Savage of Twic­kenham,
  • Thomas Symnell Gent.
  • Henry Saunders,
  • Phillip Snow,
  • Richard Steere,
  • Bennet Sheward VVidow,
  • Iohn Samuel,
  • VVilliam Steward,
  • VVilliam Smith, the youn­ger,
  • Edward Salter,
  • Iohn Taylor,
  • Robert Taylor,
  • [Page 47]Timothy Taylor,
  • Ieremy Taylor,
  • Sybill Taylor,
  • Nicholas Beale,
  • Iohn Willis,
  • Thomas VVillis,
  • George VVoods,
  • Iohn VVheeler,
  • Thomas VValcot,
  • Iohn VVest,
  • Robert VVhite,
  • George VVhite,
  • Iohn VVhite,
  • Francis VVhite,
  • Hugh VVhite,
  • Rebecca VVeare,
  • Arthur Butler,
  • Edmund VVitherhead,
  • VVilliam VVhite,
  • Marlyon VVhite,
  • Margaret VVilliams,
  • Ieoffery VValler,
  • Thomas Webb,
  • Henry Walton's heirs,
  • Thomas ƲƲoodyn,
  • Francis Farwell,
  • 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 Honorable Court of Chancery, against the right Honorable Algernoone Earle of Northumberland, Peter Dodsworth, Hugh Potter and Robert Scawen, Esqs; Defendants; declaring therby, that the said Defendants, the Earle 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 [Page 48] were, seised in their Demeasne of Fee, of and in the Mannor of Istleworth-Syon, in the County of Middlesex; Together with all Fines, rents, Customes, Services; and all other rights, Members, Priviledges, Iurisdictions and Ap­purtenances thereunto belonging. And the said Complainants then were entituled 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 Assignes, Lords of the said Mannor, and the said Complainants, concerning Fines and Heriots, and divers other Customes within the said Mannor; And to prevent all Suits and Con­troversies which might thereafter happen be­tween the said Defendants, their Heirs and Assignes, Lords of the said Mannor, and the said Complainants, and their Heirs and Assignes, Copyhold-Tenants of the said Mannor: And for the declaring and establishing the Customes of the said Mannor, touching several Particu­lars [Page 49] 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 Assignes 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 As­signes, 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 seised of any Messuages, 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 sei­sed of One Customary-messuage in his owne occupation, the said Defendants their Heirs and Assignes, Lord or Lords of the said Mannor, [Page 50] shall and may take for a Heriot the second best Cloven-footed Beast, from the Oxe to the Sheep, which the said Tenant shall be posses­sed of in his owne 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 summe of Two shillings in money, for and in lieu of an Heriot: And for every other Messuage whereof such Tenant shall die seised in his occupation, or otherwise, the like summe 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 Messuage in his owne occupation at the time of his death, and not otherwise.

And upon the death of every Tenant dying seised 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 seised 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 Messuage 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 summe 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 summe 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, Foure 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, [Page 52] Tenements and Hereditaments, and shall have any Estate of Inheritance therein, and shall die seised thereof, they having, or having had, Issue born alive between them; In case he survive his said Wife, he ought to hold the said Mes­suages, half-messuages, Cottages, Lands, Tenements and hereditaments whereof Shee shall so die seised during his life, as Tenant by the Courtesie, 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 VVife of every Copyholder, who was, or shall be at any time, during the Coverture between them, seised of any Messuages, Half-messuages, Cottages, Lands, Tenements and Hereditaments of such Estate therein, whereof the Issue between him and his VVife might by possibility inhe­rit; In case She survived her Husband, She ought to be endowed for term of her life, of the said Messuages, Half-messuages, Cottages, Lands, Tenements and Hereditaments, whereof her Hus­band was so seised, 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 [Page 53] Non-payment whereof, She in and by the Custome of the said Mannor, may Distrain as for a Rent-charge at Common-law: And of such part of Messuages, 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 seised 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 seised 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 Tenure in Soccage of Lands at Com­mon-Law: And that such Heir was to be, and [Page 54] 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 Accompt to the Steward, when he should be required, and Answer the Profits of the Heirs Estate to the Heirs Vse: 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 Custome of the said Mannor, the Tenants of Inheritance might suffer their respective Messuages, Halfe-messuages, and Cottages, or any of them, or any part of [Page 55] 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 seised 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 [Page 56] 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 VVast 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 VVasts by him, her, or them, permit­ted or committed, in and upon the Messuages, 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 Councel learned should think fit, and advise, 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 Assignes, 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 [Page 57] at the Charges of the said Complainants, their Heirs, Executors or Assignes, 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 Customes 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 premisses, and might quietly and without molestation; enjoy their Iust and Rightful Customes and Privi­ledges, according to the Custome 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 Honorable Court, and that a Letter might be directed to the said Earle, and Process of Sub-poena might be awarded and di­rected to the said other Defendants, to appear and Answer the Premisses: VVhich being granted, and the said Defendants therewithall 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 seised of the said Mannor of Istleworth-Syon, in their, some or one of their Demeasnes, as of Fee: And that the said Sir Thomas Ingram, Sir Thomas Nott, Sir John Syddenham, and others, the said Complainants were, or were entituled to be Copyhold Tenants of the said Mannor, as in and by the said Bill of Complaint was al­ledged; 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 denyed, that they devised to break or any way infringe the good and ancient Custome of the said Mannor, or to commence any Suits against the said Complainants, or any of them; or any wayes directly or indirectly, to trouble or molest the said [Page 59] Complai­nants, in the enjoyment of their Iust and Rightful Estates, Customs or Priviledges, contrary to the true intent and meaning of the Agreement set forth and mentioned in the said Writing Indented; but had alwayes been, and were ready and willing, and did by their said Answer Declare their consent and Agree­ment, That all and every the said Customes and Priviledges in the said Indenture specified and agreed, should be Ratified and Confirmed by the DECREE of this Honorable 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 Honorable 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 Hono­rable 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 Councel and Attorneys on both sides, in this Court, Ordered, Adjudged, and Decreed, That all and every the Agreements [Page 60] 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 Customes of the said Mannor of Istleworth-Syon, be ratified and confirmed by this present Decree, to be forever hereafter in­violably observed, performed, and kept aswel 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 Messuages, 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.

  • 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 entituled 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 Assignes. And the Homage for the Court-Baron to be held at Michaelmas yearly, are to take care, that the said VVritings 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 Courtesie at Com­mon Law, p. 11.
  • 6. Thirds belonging to the VVidow 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 VVaste, p. 14, 15.

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal licence. The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission.