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of the honourable care and special favour they bore to the said tenants, and the better to ratify, establish, and confirm the several customary estates and interests of inheritance of the said tenants, and their heirs and assigns, for ever, in their several messuages, lands, tenements, and hereditaments, according to the said custom of tenant right, during all the said time of memory, then or theretofore so had and used as aforesaid, and in all points as theretofore had been accustomed, without any violation or alteration thereof; saving only, that the fines and gressoms might from thenceforth become certain and known, for avoiding of suits which thereafter might ensne; were agreed, and did thereby for them, their heirs and assigns for ever, as well declare and acknowledge, that all the said customary estates of the said tenants respectively then were, and time out of mind had been, and for ever thereafter should be, and of right ought to be, reputed, adjudged, and taken to be customary lands and hereditaments of inheritance, according to the nature of the ancient and laudable custom of tenant-right; as also did thereby covenant, grant, and agree to and with every of the said tenants, parties to the said indentures, their respective heirs and assigns, that for ever thereafter they should severally, according to their several possessions or occupations in the said customary estates, have, hold, and enjoy the same, with their appurtenances, to them and their heirs and assigns, according to the ancient and laudable custom of tenant-right; and that also in every point according to the custom theretofore used and observed in the said manors, by the yearly payments of their rents due for the same, and by doing and performing such duties, customs, and services, for the same as had been thentofore used and accustomed, saving only for the manner of payment of the fines and gressoms as therein after ensueth; any thing therein, or otherwise to the contrary notwithstanding and that without any let or hindrance of the said Philip, Lord Wharton, or Sir Thomas Wharton, their, or either of their heirs or assigns, or any person claim-[453]-ing by, from, or under them or either of them, in any wise: and the said Philip, Lord Wharton, and Sir Thomas Wharton, did thereby further covenant, grant, and agree, that they, nor either of them, their, nor either of their heirs or assigns, nor any of them, should not, at any time or times thereafter, claim, demand, or have any other or more, or greater fine or fines, or gressoms of the said respective tenants, nor of their nor any of their heirs or assigns, nor of any of them; save upon change of the Lord for the time being by death only, and upon change of the tenant for the time being by death or alienation, than ten times so much as one year's ancient annual rent, payable by the said tenants respectively within the said manors of Kirkby Stephen, Wharton, Neatby, Slapp, Reagill, Sleagill, Longmarton, and Bampton Carhullan, and eight years value of such ancient annual rent, payable by the said tenants respectively, within the said manors of Tebay, Langdale, and Bretherdale, and that without any increase or further demand whatsoever, for or in any wise concerning any fine or gressom, for or in respect of the said customary estates, or any part thereof; and that the said Philip, Lord Wharton, and Sir Thomas Wharton, or one of them, had good power and right to covenant, agree, and grant to and with the said tenants respectively, their heirs and assigns, in manner and form aforesaid; and that they, their heirs and assigns, would at all times thereafter, at the costs and charges of the said tenants, or of any of their heirs or assigns, do and execute any further acts or assurances for the perpetual performance thereof, at all times thereafter. And the said several tenants, parties to the said indentures respectively, did severally covenant to pay the said ten years and eight years fine and gressom, according to the true intent and meaning of the said indentures, at and upon such two yearly feast days of St. Martin the Bishop, in winter, and Pentecost, by equal portions, as should from time to time successively and next happen after the same fine or gressom should grow due or payable, by the true meaning of the said indentures, by or by reason of the death of the Lord of the premises, or by, or by reason of the death of the tenant for the time being, or of the alienation for the time so happening.

These several indentures, and all the clauses, covenants, and agreements therein contained, were by two several decrees of the high Court of Chancery, made in Hilary term 1613, by consent of all the parties thereto, ratified and confirmed, and decreed to be observed and performed for ever thereafter.

The said manors, by several descents, came to Thomas, Marquis of Wharton,