- Officers & Tenure (c1680)
- History of Tenure (c1690)
- Manorial Records (1765)
- The Records (1765)
- Customary Laws (17th C)
- Spiritual Customary Laws
A late 17th century description of the officers and tenure of the Isle
This manuscript is held at the Manx National Heritage Library under reference MS681C. It can be dated between 1664 (the latest date included within it) and 1703 (when a major change was made to the nature of tenure which isn't included). It contains references throughout to corresponding entries in the Court Rolls and other records. It was presumably written by an important official of the Isle of Man, most probably at the request of the Lord of Man in England. It may be somewhat subject to bias (presenting the officials in a positive light and stressing their commitment to the Lord's perogatives) but should otherwise be a reliable contemporary account produced by the best qualified person to produce one.
The following is a mostly literal transcription of the manuscript (which is mostly easy to read). The references in the original appear in the margin. Here they are all positioned on the right. Square brackets  are used to indicate comments. There are many abbreviations in the document (for example Governt for Government). I have not expanded these, although occasionally I use  to indicate what the expanded word should be. As is typical of documents of the era the spelling is erratic.
[page 1] A Book containing First The Governr Officers & Deemsters Dutys in their Respective Offices etc Secondly The 24 Keyes & Coronrs Thirdly A State & Summary of the Antient and present Tenures of the people of this Isle and the nature thereof in Brief [page 2] The Governr of the this Isle his Office } Insula and Duty. } Mona The Governr of this Isle (antiently called Lieu[tenan]t of Mann & so stiled in the Court Rolls to this day) is comissionated by the Lord. And it is said by an antient Law that when he cometh thither Recd as Lieut for setting of Statue p 2 Lands and holding of Courts or doing any other things that concern the Governmt that all his Deeds be firm and staple and thar whosoever offendeth him be punished as they that offend the Lord of the Isle. The Governt hath power to Call & set a Court of Tynwald Impannele and swear Enquests as oft & where pleaseth him, and no [?] Exchequer or Comon Law Court can be called without his special Warrant first [?] forth for ye same. In the Chancery Court he sitts and acts as Sole Chancellr. The other officers sit there only to give him their assistances advice & councill when he calls for the same. And by the antient Laws of this Island it is said that if any person or persons should treacherously Stat p: rise agt the Governr sitting in any Court or Tynnwald (wherein he Represents the Lords person) he or they were to be Deemed Traytors and to be sentenced to Death by the Deemster without any Enquest passing upon him, to be drawn after wild Horses and then hanged & quartered and their heads to be smitten off, and one quarter of every such Traytor to be set upon the Castletower over the Burn, another ar Holm= =Town, the third at Ramsey and the fourth at Douglas. And by another antient Law its said Whosoever Robbs or takes away the Governrs horse or his weapons or beats his men in his own presenes or Robbs them of their Goods Stat p: or [? ?] upon him or any of the Lords Council in his presenes is a Trayter by Law. Also by another antient Law it is likewise said that whosoever Constraineth the Govenr to hold a Tynwald & to put down the Lords preogatives is a Traytor. And Stat p whosoever pleadeth Deceipt agt the Governr. That is to say that pretendeth or preaches any evil or hurt to the prejudice of the Lord, the Governr or Governmt is to forfeit as in Stat 1645 p: case of treason. And by a late Law it is provided that whosoever shall accuse or speak any Scandalous words agt the Governr touching either his oath, the state and Governmt of the Isle [page 3] Isle or which might tend to the Defamation of his Office and place and not able to prove the same Stat 1601 shall forfeit 10l to the Lords and his ears to be cut off promulgated 1648 for punishment besides wch Law also extends to, and p: comprehends all other officers. And the process grantes Generally by the Governr to summon any person before himself or to any Court Custom of Judicature is only a Slate stone with the first two letters of his name written thereupon. And if any be found to misapply the said process or token (as we call it) to any indirect ends otherwise than as it was granted forfeited 3l fine to ye Lord, but by a later Law only 20s besides imprisonmt. Stat 1651 And it is provided by another antient Law that if any man do beat or [?] another within 24 paces of the Governr either sitting in Court or out Stat p: of Court in his presence forfeiteth Body & Goods to ye Lord and toucheth treason I mention these antient to shew how far the authority and Dignity of the Governt hath formerly been exerted and altho the crimes & offences [concerned?] in the sd Laws be not Comon or frequent in these times yet if any such should happen now they are to be tryed by proportionable punisgmts as in case of fellony. The Governr sitts in all Courts of Judicature holdon for the Lord within the Isle hath a Superintendorey over acts and proceedings as well in the Ecclial: as Temporale Courts and may upon an Appeale made unto him from any the sd Courts alter or Reverse any order Decree or Judgmt made and given in the sd Courts: And may fine both the Bpp: & Archdeacon or any officer in their Courts if they act contrary to the Law & Custome of the Isle. He hath also the Military Governmt invested in him as well of the Militia as ye severall Garrisons and hath power to place & dispace the officers of those severale Companys as he sees occasion, and to punish all Crimes and offences comitted by any the sd officers according to ye martial laws of this Isle. [page 4] The Receiv[e]r Gen[e]r[a]lls Office & Duty The Receivr Genrll is another officer Comissionated by the Lord and always one of the Lords standing councill of ths Isle and as such sitts in the severall Courts of Judicature holdon for the Lord as one of these principal officers. He hath also the Charge of the Revenue both of Land Rents & Casuale Rents yearly payable unto the Lord and hath a Bayliff or moar in every parish of the Isle to collect and pay in the said Land Rents quarterly, and he is to discharge all Sallarys & other payments out of the same according to the Civil List or as he shall have an allowance from the Comptroller who is to pass & sign all Bills before he make payment of them. And it was provided by an antient Law that if the Receivr made any payments without Stat: p: the Comptrollers allowance for any Reparations on the Garrisons or otherwise he forfeited his fee or Sallary, but the Rigour of the sd Law is now extenuated and is in danger only of the disallowance of the sd paymt when he payeth his Accounts at the Genrll audit. [page 5] The Comptroll[e]r his Office & Duty The Comptrollr is also another principall officer and one of the Lords Standing Councill and is to sit by when the Receivr Reckons with the Bayliffs or Moars and to state the Accounts betwixt them. he also Chargeth all other Accomptts that hath any Branch of the Revenue to Collect and is always one of the Audittors to state the generale Accompts of the whole Isle wch is returned once a year to the Lord. Also the Comptrollr as oft as any offences are Comitted within either of the Garrisons is to call a Jury of the soldrs to enquire off and present the same, And upon any capitale crime comitted there he is to sit as Chief Judge tho it be upon the tryale of Life and Death. He is also Clerk of the Rolls and hath the custody and charge of the Records and enters all pleas & proceedings in the severalle Courts of this Isle as well in the Lords as the Barrons Courts for wch he receives a yearly fee from the Barrons as hereafter mencened under Court holdings. The Comptrollr is also by his office Clarke of the Marketts and is to Rectify and Seal all weights and measures & regulate all abuses concerning the same. He is also Head Searchr and hath Deputys in the severale ports of this Isle to search and examine all Goods and merchandises that are imported & exported that they be duly Entact & Lycensed and to seize such as are not. Whereof the Lord hath one half of the Seizure and the other is allowed the Comptroler & his under searchrs after ye same is condemned according to Law, the Lords moiety to be accounted for every year at ye Audit. [page 6] The Waterbayliff his office & Duty The Waterbayliff is also another officer under the Lord and is one of his Councill in the Isle, his charge is to Collect and Receive all Customes Stat p: 19 ariseing upon Goods Imported and Exported and also the money due unto his Lop as Customs upon the Stat p: 30 Herring fishing in lieu of the Castle Mazes payable out of every fishing boat. And also he is to take Statue p: 37 care of all wrecks found at sea or cast in upon the shores and accompt for the same for every year at the Genrll Audit. But if any of the sd Wrecks be under the value of 6 1/2d it belongs Rotus 1519 wholy to the Waterbayliff & not to ye Lord as a fee or perquisit due to him by his office. Also the said Waterbayliff hath the power of calling & holding Admirall Courts and to Impannell and swear Jurys to enquire of all trespasses & offences that are comitted under the full sea mark & especially Lib Scaccar at the Herring fishing time, and to punish all 1610 offenders according to the antient laws & orders made 1613 in that behalf. He may also call a court to hear & determine all matters & differences relating to maritime affairs either upon ye suit of any person or in pursuance of any order issued out of the Court of Chancery for the [hanswilling?] of such Lib Cancellar matters to ye Admirale Court as is frequently used. 1580 Also the Waterbayliff or his Deputy is to see all arreasts executed that are taken out agt any persons departing the Island or agt any ship and to secure the person or the ship Ex officis upon the Request of any person moveing to arreast another or stopp any vessell for one tides water viz 12 hours without any Accon or Warrant. And if the party prosecuteing do not take out an Accon after that tides water, he hath noe power to hinder them any longer without the Governrs Warrant. [page 7] The Attorney Gen[e]r[a]lls office & Duty The Attorney Genrll is also another of the Lds Councill His office is to take cognizance of and sue for all forfeitures that fall due to the Lord and to Lib plitor prosecute all fellons upon their tryale for life and 1602 death and upon their conviction to dispose of their 1607 Estates, Goods & Chattles for the Lords best advantage and to accompt for the same yearly as oft as any such happen at the generall Audit. As also to plead the cause of all orphans & widows as Lib Cancellar oft as he is thereunto desired according to the 1605 Tenor of his oath for wch thet give him a retaining fee only of 2d. Also he is to appear in all Courts to see that the Lords prerogatives and Interest is preserved & that all fines & forfeitures be duly Estreated & Levyed for the Lord by those officers who have ye same in charge. And it is to be noted that he as well as all the other officers aforemenconed are Justices of the peace by their places and are all bound and obliged by their offices to move in any thing that Stat 3rd may benefit the Lord. And that the Governr may call the sd Councill (where he always presides himself) to sit in Castle Rushen once a month to consult how the Lords Busienesses are done and to consider of the affairs of the Island such as are for the good of the Comon wealth Stat p: 37 1 of the Island in generale And albeit that the Civil Governmt is Invested wholy in the Govr as well as the Millitary, yet the greatest part of the former is Executed and Discharged by the Deemsters of the Isle whose office & duty I shall now mencon [page 8] The Deemsters Office & Duty In antient times when the Laws of this Isle were not so fully comitted to writeing as now they are but only kept by tradition from one successn to another there was a Law made in Sr John Stanleys time (for we have no written Laws or Records before him) that as oft as any matter of Doubt happened where there was no written Law for it, the Governr might thereupn call the Deemsters before him (& sometimes with the advice and assistance of the 24 Keyes) to Deem and Declare the Law truly to the partys and that they Stat p: 13 should do the same without Rigor [?] or Colour & et 15 to give their judgements at their perills, saving ever the Lords prerogatives, and that the Law so declared & pronounced by the Deemsters should be registered in the Records (as presidents) to be ready when any such like case happened again and from this way of Deeming or declaring the antient Law & Constitution of this Isle it is supposed the Deemsters had first its Rise or Origin. The Deemsters are also Comissioned by the Lord [or possibly Law] They are Justices of the Comon pleas and antiently the Comon Law Courts were kept by the Govr Rotus Ano and the Deemsters & sometimes before the Deemsters only 1496 without any mencon made of any other officer in ye stile of the Court as they now are. and all matters relating to the Comon Law are cognizble before them and they may act jointly or separately in all those matters and cases pertaining to the Comon Law as well out of Court as in Court and may grant process agt any Lib Cancellar person that will not abide their Judgemt (being 1605 assisted by the Governrs authority) to have him comitted till he submit or Appeals. And if any man confess a Debt to be due to another before the Deemster he may thereupon grant Judgemt agt him without any Accon Customary Law or other tryale at Law, and the party is bound to abide 22nd the sd Judgement. They are also Justices of the peace in their Respective Jurisdictions. The process granted by them is a Slate Stone with their name inscribed there on as the Governr doth. And whosoever is found to Counterfeit or misapply the same is to be proceeded agt as in the Case of forgery. The sd process is granted by them gratis Lib plitor only the tenants are used to pay them once a year 1584 some Duty to ye value of 2d in consideration thereof but upon [page 9] but upon every Recovery at Comon Law they have 2d paid them for every process or token wch is called in the Mancks tongue Crewikart Also the Deemrs are to have out of the Goods wch are forfeited to the Lord the third part of ye Corbs or Heirlooms the broken Reeks of Corne, all Beasts under three years old and the third part of the fellons Horses (the Coronr and the Moar having the other Stat. p: 22 two parts) or els 4s in money as appears by an antient statute in that behalf so as always the whole fee do not exceed 12s and if it do the rest is the Coronrs wholy. Also they have ye benefit of a servant in every parish within their respective Jurisdictions both of men and women servants Stat p: 57 to serve them yearly at a set hyre or wages wch are called yarded servts. That is to say menservants at Allhollowtide & maid servts at May in every year and are compelled to serve them so by virtue of an antient Law being a priviledge belonging to their said office By the antient Laws of this Isle is any man did unjustly Impeach the Deemsters chargeing Lib Anno them or either of them with Mall Administracon 1529:7 of the Law and could not prove the same he forfeiteth Life and Limb to ye Lord, but now he only forfeits 10l and his ears to be cut off as Stat p: 128 before menconed. All the aforesd officers before they enter upon the Execution of their places are to take an Oath of fidellity to the Lords & for the true & faithfull discharge of their Respective Dutys. And because the Legall part of the Governmt is discharged by the Governr & the Deemsters as I have before said. I shall here incert the oaths taken by them [whirly?] it will appear how strictly they are bound & tyed up to a Just and impartial Administration of the Laws betwixt the Lord & his people. vide their oaths at large [the oaths do not appear in the document examined] [page 10] And now having given an acct of the officers I shall speak something of the 24 Keyes & the Coron[e]rs of this Isle and what their privilledge & Dutys are. The 24 Keyes & their privilledge & Duty The 24 Keyes of this Isle were in antient times called Taxiaxies (I suppose because they had the Stat: p: 12 power of laying taxes on the people) and were antiently freeholders whereof there were eight to be chosen out of the out Islands (viz the Islands of Scotland then annext to the Dominion of Mann) & sixteen in the Land of Mann, and that was in King Orrys dayes And if there happened a sharp point of Law to come in Dount the Deemsters (as in ye case before) were to call the sd 24 Keyes to their councill in that point as they thought to give Judgemt by and in our Stat p: 1st Laws they are termed sometimes the best of the Land etc. sometimes the worthyest and at other times the Elders of the Land of Mann But now the said 24 Keyes are called the Representatives of the country because when any new law is made they do Represent the Body of the Country, and were by the antient Constitution chosen by the Countrey out of the six sheadings of this Isle and no Law is binding on the people (one part of the Legislative Lib Cancellar power being in then) without their consents. 1581 Formerly when any tryalls for land happened at Comon Law the party agrieved had liberty to [?] the verdict and have a Jury chosen out of the 24 Keyes to try the same and that is the last Lib Scaccar [?] that was allowed at the Comon Law but 1621 now of late times the whole number do sit (by etc special order from the Lord or the Governr) to determine those matters. Lib plitor 1639 Also the said 24 Keyes do sit at every Goale Delivery to assist the Deemsters in Doubtfull points of Law if any occasion be found and to pass upon the Grand Jury of Life and Death if they be found to digress from their Evidence & bring in an Erroneous Verdict, and if the sd Jury be found guilty by the 24 Keyes the Court thereupon is to fine & punish Lib plitor the sd Jury & do enter a Record thereupon to declare them 1601 incapable to pass in any Jury for ever afterwards etc [page 11] The said 24 Keyes are by their places exempted & freed from passing in any other Jury or such like dutys unless they be especially commanded thereunto Stat: p: 93 by the Govr. And also they have the privelledge Lib: Scaccar that none of their hyred servants can be taken Ano 1605 from them by the Deemsters or other offices as have the benefit of yarded servts by Law. I find by an ancient Recird that also if any of the said 24 Keyes do comitt fellony or any capitall crime whereupon he must be tryed for his life, he is not to be tryed as an Rotus Ano ordinary person but at the Tynwald, and 1418 by a Jury as I suppose of the rest of his fraternity. [page 12] The Coron[e]rs office & Duty The Coronts are officers elected & chosen by the Governr once in every year viz one in every sheading of the Isle and are always sworn at the Tynwald Court holdon upon the 24th June O.S. yearly whereof the Coronr of Glanfaba Sheading is the Chief. And they all taken an oath Administered unto them by the Deemster on the Tynwald Hill upon their Knees that they deal truly and uprightly betwixt the Lord and his tennants in all things relateing to that office, and the Governr after the takeing Stat: p:1 of the sd oath delivers such of them a Rodd wch is all the Warrant or Comcon they receive for the Execution of their sd offices. They are by their place to serve and Execute all orders writts & summons's that are directed unto them from the Governr Deemsters or any other Supriour officer and they cannot arreast any man for Debt without a Warrant or token, but for apprehending of fellons & prosecuting the same & in some other points (as comanding & preserving the Stat p: 30 peace etc) belonging to their office thet may act without any warrant. They are also to Impannell all Jurys upon fellons & for to view the Corpse of any prsons that have perished by any mischance or accident & briefly in all other matters wherein the Lord is a party They are obliged by their office to act without any Lib Scaccar fee, but if they do any other service for any other 1613 prson they are to have 2d for every charge or sumons or takeing any distress, and if they go out of their own parish into any other part of the sheading they are to have 2d for every parish they go into. And if any of the sd Coronrs are to be charged before any magistrate or their pawns to be taken the Coronr of Glanfaba is to execute the sumons upon them or to take their pawns & to have 2d for every parish he gos throu as aforesf. But if the Coronr of Glanfaba himself is to be charged or his pawn to be taken then the Governr is to grant a speciall Warrant to any of the other Coronrs to do ye same. And if the Coronr of Glanfaba be scandalised or defamed in the time of his office, he cannot act till he be acquitted by Law and the Governt is thereupon to take away his Rodd from him & appoint another to do his office till he be cleared & then his rodd [page 13] Every Coronr is bound by his office to search thro' his sheading 4 times in the year for fellony and if any Stat p 58 person desire him to search at any other time for stolen goods he may go with him without any Warrant, but then that party is to give him his hand (wch is in the nature of a Recognisance) to prosecute the fellony if his goods be found by search, wch in the Mancks Tongue is called Lans=ma=huite, wch office he is to do without any fee. And if any prson or prsons whatsoever shall resist or oppress the Coronr upon his search he or she so doing is to be reputed a fellon by ye antient custom of the Customary Law country. 13 Also every Cornt hath a Deputy under him in each parish of his sheading called Lockman, and hath the Rent of a quarter of Stat p: 23 Land allowed him for his Sallary besides 57 a yarded servant at Allhollowtide and May as the Deemsters have and 4d from every Tennant that holds a quarter of land Stat p: 13 & so proporcenable, & from every Intack & Cottage holdr 1d or 2d according to their Respective Rents, And if any man presume to strike or abuse the Coronr while he beareth his Lib Scaccar Rodd he forfeitheth 3l to ye Lord 1607 I shall now add how the Tennants have held their estates under the Lord formerly & the qualifications & restrictions incident to their formet Tenure etc. [page 14 - pinned note] This Isle was an antient Kingdom - but the sovreignty thereof is now held in [fes?] of the Crown of England - When Sr Jo Stanley did first possess it by his Grant a patent from K Hen 4th the people of the Island then (having suffered many conquests) had not certain tenures. [page 14] The Tennants Rights & property in their Estates The Nature of the antient & present Tenure within this Isle At the first when the noble and worthy Sr John Stanley did possess this Island the tennants then had Customary Law no certain Tenures but took their farmes from the 1st Lords officers for some small number of years the Rents then falling & Riseing and at no certainty as now they are but as the said officers did agree with the tennants some for seven years and some for more or less. And this being found an Inconveniency to the Lord (as is supposed) there was a Law made that whosoever occupyed any Stat p:2 of the Lords land should pay the value of that he occupyed wch I take to be a Rack Rent, and that the said method might the better be pursued, there were four men sworn in every parish called a Setting Quest to find & provide tennants to the Lord for his estates, and by another law about Ibm the same time it was ordered that whosoever was sett & placed in any of the Lords farmes by the said Enquest (who were sworn to deal truly in that case) whether he were poor or Rich he should pay the sd value if he had goods to do ye same, and if he had no goods at the time he was placed there by the sd Enquest then they were obliged to pay the said Rent for him and was to be turned out and another put into ye Estate, And at the Sheading Courts in May the sd Enquest did place Stat p: 16 every Tennants name in the Rentalls according to their severall holdings, and the people being thus settled in their Estates. There was another Law made afterwards Anno 1422 that there should be no abatemt of the Lords Rents without there was great need for it. So that upon the paymt of those Rents out of their Estates wch were called farmlands or Quarterlands they continued them successively from Tennant to Tennant viz after the death of ye father the Eldest son succeeded and for want of a son Stat p: 119 the eldest daughter and for want of such the next Ano 1645 of kindred, and thereby in process of time became Customary Tennants and paid (besides the sd antient Rent & Customes) a Gratuity at the change of every Lord [page 15] wch was but a single Rent, and none of those tennants could Give Grant alienate or Exchange all or any part of their said tenements without the lycents or approbation of the Lord or his officers under a Stat p:75 penalty of forfeiting 3l to the Lord and the Bargain Rotul 1539 Deed or Sayle made of the same to be void in Law. et Ano 1541 And when any tennant had advice either to surrender his land into the Lords hands or to alienate and transfer his Tennant Right thereof to another, the seller came into ye Court and surrendered the same by a straw, and thereupon the sellers name was withdrawne & the Buyers name entered into the Court Rolls and a Record made upon the same wch was all the evidence the buyer had for his estate being in the nature of a Coppyhold. And from that way or manner of transferring their tennant Rights the tennants did call their tenure (being customary or coppyhold tennants) the tenure of the straw By wch tenure or holdings the tennants enjoyed their farmlands or Quarterlands (excepting some few that took leases of their estates) untill the year 1643, at wch time and since they have all of them taken leases & made compositions for their sd estates. And it is to be observed that the said Enquest was bound always to provide and find a tennant to any estate that was surrendered into the Lords hands thou' poverty and they were to make proclamation three severall Sundays at the parish Church (before the time of setting) that if any of the relations of the former tennant came in they were to be received before any other into the sd estate and if they did not appear then the Setting Quest were to sett it upon another, and the farmrs eldest son if the father then lived was first to be taken & put into that estate & upheld & pay the rent and the custome thereof to the Lord till his father dyed whereby his own estate fell due to him and then he was discharged and another placed by the sd Enquest in his stead (if he had not a mind to continue it to himself) and because he was so obliged to secure the Lords Rents & Customes he was therefore termed by Stat p: 50 an antient law the Lords treasurer, And if no farmrs eldest son were to be had, or any other tennt to take the sd lands then it was placed upon the [page 16] best estates in that parish till a tennant could be procured by wch means the Lord had always his antient Rents & Customes duly paid and secured unto him without any diminution or abatement. And any tennant that was so placed by Enquest in any decayed estate (after publication as aforesd) had as good a tennant right thereunto as the former tennant had. And the former tennants children or relations could have no recovery at Law for the sd estate ever Lib: plitor afterwards. But since the year 1643 when the 1587 tennants brought their estates to lease as aforesd the Setting Quest is disburthened from that charge of finding a new tennant or upholding the rent as aforesd but when any estate falls into the Lords hands the Attorney Genrll is to take care to find a new tennant and if he cannot then the rent ceaseth. And in the year 1645 after the tennants had, all put their estates into leases as Stat p: 119 aforesd and having some doubts upon them concerning their Tennant Right to the same the Rt Honrble James Earl of Derby being then in the Island was pleased to pass An Act of Tynwald to satisfy and acquiet the minds of his people in that particular as fols viz That no manner of prson or persons whatsoever shall have power or authority by virtue of any his Lops particular Grants made or to be made or by any the Compositions by any of them made or agreed upon to give grant or assign all or any of his or their Lands Tenements Milns Cottages and Intacks so agreed or to be agreed for but according to the antient & usual customary laws of this Island viz of lands & tenements called Farmlands and Quarterlands and of Milns Cottages and Intacks of Ease to such farme lands or Quarterlands whereof the tennant or tennants have compounded or shall compound for & whereof they are or shall be possessed or interrested by descent or title of descent from his ancestor or ancestors, such farmlands & quarterlands with the milns cottages & intacks of ease to descend & come (after the death & decease of such tennts or tennants) to his or their eldest son and for want of such to ye eldest daughter & for want thereof to the next of kin, and to no other child or children person or person whatsoever except [page 17] except by gift grant or assignmt in case of poverty or some other cause or reason approved of by the Lord or his officers etc, so that the tennants have a right of renewing still with the Lord and holding their said estate according to the antient custome, as is recited in the sd statues. But there are other lands called Intacks being lately rented inclosed & held by lease from the Lord wch is in no way included in the foremenconed Act, but the father may give his right thereof to any of his younger children or any other pson by will or any other deed or assignment dureing the terme of his lease or composition. Yet it is a customary law that if any of those Intacks have passed successively three descents from him that inclosed & rented the same the eldest son of the third descent hath the tennant right of renewing and compounding for the same as tennt before the younger children or any other relation. Now the Barrons tennants they pay no fines to Lib plitor the Barron except only those under the Bishop Ep: Ano who pay an ox out of every Quarter of Land of 1643 his Temporally, & so proporconable at the change 1664 of every Bpp: and upon the payment thereof & etc their antient Rents & Customes & Bonnes they (as well as the other Barrons tennants) do hold their estates according to the antient custome of the Isle viz after the fathers decease the eldest son succeeds 1 of such the next of kinn. And none of the Barrons can displace any of their tennants whilst they pay their said fines & the antient Rents & customes, but if they faile therein the Barrons may then grant to any other at will. And the said Barrons tennants have also the liberty Lib: Cancellar of transferring their tennant right to whom 1586 they please, wch is done by a deed of sayle allowed of by the Barrons or their Scenescall or as antiently accustomed by coming into the Barrons Court, and the seller causeing his own name to be drawne out of the Records and the Buyers name to be entered therein for the rents [page 18] customes and boons of the sd land and any tennant that is so entered and placed cannot be removed by the Bpp or other Barrons or his or their successors unless upon the failure of his paymt of his fines rents & customes as aforesd as appears by the antient records Lib Cancellar of this Isle. 1583